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HomeMy WebLinkAboutAgenda Packet 04-21-2009law. ffvmllriwvn%—� COUNTY F L O R I D A April 21, 2009 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda, which will determine the order of business conducted at today's Board meeting. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed r�ior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM — Please be respectful of others' opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty- eight (48) hours prior to the meeting. April 21, 2009 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stiucieco.orq u&am11uMHuH{utuIua9uH{uil0a1ulinuuuuunalilSiu111nwunuuununnilnniladuulluiuiiioiiiniiuiuiiuiiiuiLunuununililuuuuuuuuuuuunuIliumis a Paula A. Lewis, Chair District No. 3 Charles Grande, Vice Chair District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No.1 Chris Craft District No. 5 iilNuuMRMall {N91Was kid aim u1iBHas 1111uu011i1111B11111111/llliltlllllllAIIOIIIHUH Mass W IISGf1A1111t11O111/21111111w11Nalso 111talfltiill0/UIU111O1kid all 11li11 INVOCATION PLEDGE OF ALLEGIANCE III. j MINUTES vo p: " Q Approve the minutes from the April 14, 2009 meeting. IV. PROCLAMATIONS/PRESENTATIONS W. Presentation on upcoming sports tourism activities and events by Tom Colucci, Treasure Coast Sports Commission V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA r�e) A. WARRANTS Approve warrant list No. 29 B. COUNTY ATTORNEY Request to advertise one (1) clerical position and one (1) pretrial officer position for the G.P.S./Pretrial Program. These positions have been funded in the 08/09 Budget. Staff recommends the Board approve the release and advertisement of the two (2) funded and budgeted positions for the Pretrial Release Program. 2. Ordinance No. 09-014 — Amending Animal Registration Ordinance to Add Seller Registration Requirement Staff requests permission to advertise proposed Ordinance No. 09-014 for public hearing on June 16, 2009 at 6 p.m. or as soon thereafter as may be heard. C. PUBLIC WORKS Walton Road Widening — Village Green Drive to Lennard Road Consider staff recommendation to approve the Local Agency Program (LAP) Agreement with FDOT in the amount of $3,574,360 for widening and enhancement of Walton Road — Village Green Drive to Lennard road, approval of Resolution No. 09-132 and authorize the Chair to sign. D. COMMUNITY SERVICES Job Access and Reverse Commute (JARC) and New Freedom (NF) programs Consider staff recommendation to approve permission to advertise a Request for Qualification for transit providers for the JARC and NF programs. E. AIRPORT Membership addition to Airport Master Plan Technical Advisory Committee (TAC) Consider staff recommendation to approve Resolution No. 09-135 amending the membership of the Airport Master Plan Technical Advisory Committee to include Peter Buchwald, Transportation Planning Organization Executive Director, and authorize the Chair or designee to sign. SHERIFF"S OFFICE Request Board authorization to submit an electronic application for the State Criminal Alien Grant 2009. Consider staff recommendation to approve electronic submission of the 2009 State Criminal Alien Grant application, and authorize the County Administrator to sign the application. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. GROWTH MANAGEMENT ref"' Adoption of Comprehensive Plan Amendment, Cassens White City Grove �t Consider staff recommendation to adopt Ordinance No. 09-006, Cassens White City Grove Comprehensive Plan Amendment. B. COUNTY ATTORNEY U, Ordinance No. 09-005 — Local Preferenc�fi Purchasing Consider staff recommendation to adopt Ordinance No. 09-005 and authorize the Chair to sign the Ordinance. C. COUNTY ATTORNEY ��tzti�e Ordinance No. 09-008, Local Economic timulus Ordinance Consider staff recommendation to adopt Ordinance No. 09-008 and authorize the Chair to sign the Ordinance. D.IC11 GROWTH MANAGEMENT Continuation of a petition of WCA of St. Lucie County, LLC Consider staff recommendation to approve to continue the petition of WCA of St. Lucie County, LLC until June 16, 2009, to allow time for the site plan adjustment to be completed. END OF PUBLIC HEARINGS REGULAR AGENDA VIII. COUNTY ATTORNEY �(4l Resolution No. 09-136 Opposing PCB-NRAC-09-02 — Solid Waste Disposal Fee Consider staff recommendation to adopt Resolution No. 09-136 and authorize the Chair to sign the Resolution. IX. ANNOUNCEMENTS The 81h Annual Employee Health Fair will be held on Thursday, April 23, 2009 from 8:00 a.m. to 11:00 a.m. at the Havert L. Fenn Center located at 2000 Virginia Avenue, Fort Pierce. The Master Gardener Spring into Gardening Festival will be held on Saturday April 25th from 8-2 p.m. As well as plants for sale from our nursery, there will also be some local vendors selling their products too. We will have a fashion show at 11:30 a.m. and the Taste of the Tropics at 12:30 p.m. where you can sample fruits you may have never tried before! The sale will be held at the Extension Office, 8400 Picos Road, Fort Pierce. Call 772-462-1660 or http://stlucie.ifas.ufl.edu for additional information. 3. The Board of County Commissioner will hold the April Informal Monthly Meeting on Tuesday, April 28, 2009 at 1:30 p.m. in Conference Room #3. 4. St. Lucie County will hold an open public workshop on Wednesday, April 29, 2009 from 6:00 p.m. to 8:00p.m. to provide information and gather community input relative to the proposed South County Beach Project as developed and currently proposed by the County's Erosion District to address erosion along southern county beaches. The charette will take place in the St. Lucie County Commission Chambers, Roger Poitras Administration Annex, 2300 Virginia Ave., Fort Pierce. The Ribbon Cutting for the Douglas M. Anderson Emergency Operations 911 Center will be at 10:00 a.m. on Friday, June 12, 2009 at 15305 W. Midway Road, Fort Pierce. The Airport Master Plan Technical Advisory Committee will meet on April 28, 2009 at 6:00 p.m. in the Fenn Center at 2000 Virginia Avenue, Fort Pierce. For more information contact Airport Administration at (772) 462-1732, or click on Airport Master Plan tab at www.stlucieco.org/airport. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. WWI ouNTY itiL:i1106f IfLILi{tlti{fiitltlii{Iittf liil Llff li{tfliLil{{Ill{IH/�ffi11i1�I1111tIt11flt1iilillill11111tllff fl1i111i1IfI11{Illfilif iltllfiH111f if lilif lllllil1H11itf N1�111I1L1i�If li Hl111f Ii111{Iil{iiilf fit April 21, 2009 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda, which will determine the order of business conducted at today's Board meeting. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM — Please be respectful of others' opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty- eight (48) hours prior to the meeting. April 21, 2009 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.orq mmmi8iwas Ittit Hl tis all as us 1ilO{I6 All HfHIt Ali Ilia H all ismi$its I I16Nt1111gam 1t{{Ill {AIIAgal us as 11 AWSkilli I III HWas Ail Bill IHill H HH Hm{HNH{H H{{{ei{s 11 I I I H is I Ili is&a I H Las I Paula A. Lewis, Chair District No. 3 Charles Grande, Vice Chair District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No.1 Chris Craft District No. 5 uui:HMugal uuuHRNA u&uuuutmH&HHH►HauBHuHafawuuxAnuuuuuuueuuuu.0 ugal unnw6+HHHHYHHHHuuwuuHMHunununnuxHHas last Has uuaH+s4Hi INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the April 14, 2009 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. Presentation on upcoming sports tourism activities and events by Tom Colucci, Treasure Coast Sports Commission V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 29 B. COUNTY ATTORNEY Request to advertise one (1) clerical position and one (1) pretrial officer position for the G.P.S./Pretrial Program. These positions have been funded in the 08/09 Budget. Staff recommends the Board approve the release and advertisement of the two (2) funded and budgeted positions for the Pretrial Release Program. Ordinance No. 09-014 — Amending Animal Registration Ordinance to Add Seller Registration Requirement Staff requests permission to advertise proposed Ordinance No. 09-014 for public hearing on June 16, 2009 at 6 p.m. or as soon thereafter as may be heard. C. PUBLIC WORKS Walton Road Widening — Village Green Drive to Lennard Road Consider staff recommendation to approve the Local Agency Program (LAP) Agreement with FDOT in the amount of $3,574,360 for widening and enhancement of Walton Road — Village Green Drive to Lennard road, approval of Resolution No. 09-132 and authorize the Chair to sign. D. COMMUNITY SERVICES Job Access and Reverse Commute (JARC) and New Freedom (NF) programs Consider staff recommendation to approve permission to advertise a Request for Qualification for transit providers for the JARC and NF programs. E. AIRPORT Membership addition to Airport Master Plan Technical Advisory Committee (TAC) Consider staff recommendation to approve Resolution No. 09-135 amending the membership of the Airport Master Plan Technical Advisory Committee to include Peter Buchwald, Transportation Planning Organization Executive Director, and authorize the Chair or designee to sign. SHERIFF"S OFFICE Request Board authorization to submit an electronic application for the State Criminal Alien Grant 2009. Consider staff recommendation to approve electronic submission of the 2009 State Criminal Alien Grant application, and authorize the County Administrator to sign the application. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. GROWTH MANAGEMENT Adoption of Comprehensive Plan Amendment, Cassens White City Grove Consider staff recommendation to adopt Ordinance No. 09-006, Cassens White City Grove Comprehensive Plan Amendment. B. COUNTY ATTORNEY Ordinance No. 09-005 — Local Preference in Purchasing Consider staff recommendation to adopt Ordinance No. 09-005 and authorize the Chair to sign the Ordinance. C. COUNTY ATTORNEY Ordinance No. 09-008, Local Economic Stimulus Ordinance Consider staff recommendation to adopt Ordinance No. 09-008 and authorize the Chair to sign the Ordinance. D. GROWTH MANAGEMENT Continuation of a petition of WCA of St. Lucie County, LLC Consider staff recommendation to approve to continue the petition of WCA of St. Lucie County, LLC until June 16, 2009, to allow time for the site plan adjustment to be completed. END OF PUBLIC HEARINGS REGULAR AGENDA VIII. COUNTY ATTORNEY Resolution No. 09-136 Opposing PCB-NRAC-09-02 — Solid Waste Disposal Fee Consider staff recommendation to adopt Resolution No. 09-136 and authorize the Chair to sign the Resolution. IX. ANNOUNCEMENTS The 81h Annual Employee Health Fair will be held on Thursday, April 23, 2009 from 8:00 a.m. to 11:00 a.m. at the Havert L. Fenn Center located at 2000 Virginia Avenue, Fort Pierce. 2. The Master Gardener Spring into Gardening Festival will be held on Saturday April 25th from 8-2 p.m. As well as plants for sale from our nursery, there will also be some local vendors selling their products too. We will have a fashion show at 11:30 a.m. and the Taste of the Tropics at 12:30 p.m. where you can sample fruits you may have never tried before! The sale will be held at the Extension Office, 8400 Picos Road, Fort Pierce. Call 772-462-1660 or http://stlucie.ifas.ufl.edu for additional information. 3. The Board of County Commissioner will hold the April Informal Monthly Meeting on Tuesday, April 28, 2009 at 1:30 p.m. in Conference Room #3. 4. St. Lucie County will hold an open public workshop on Wednesday, April 29, 2009 from 6:00 p.m. to 8:00p.m. to provide information and gather community input relative to the proposed South County Beach Project as developed and currently proposed by the County's Erosion District to address erosion along southern county beaches. The charette will take place in the St. Lucie County Commission Chambers, Roger Poitras Administration Annex, 2300 Virginia Ave., Fort Pierce. The Ribbon Cutting for the Douglas M. Anderson Emergency Operations 911 Center will be at 10:00 a.m. on Friday, June 12, 2009 at 15305 W. Midway Road, Fort Pierce. The Airport Master Plan Technical Advisory Committee will meet on April 28, 2009 at 6:00 p.m. in the Fenn Center at 2000 Virginia Avenue, Fort Pierce. For more information contact Airport Administration at (772) 462-1732, or click on Airport Master Plan tab at www.stlucieco.org/airport. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 14, 2009 Convened: 9:00 a.m. Adjourned: 9:50 a.m. Commissioners Present: Chairperson, Paula A. Lewis, Charles Grande, Chris Craft, Chris Dzadovsky, Doug Coward Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Debra Brisson, Parks and Recreation Director, Marie Gouin, OMB Director, Beth Ryder, Community Services Director, Diana Lewis, Airport Director, Mark Satterlee, Growth Management Director, Millie Delgado -Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the April 7, 2009 meeting. It was moved by Com. Grande, seconded by Com. Dzadovsky, to approve the minutes of the meeting held April 7, 2009, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 09-115 proclaiming April 19, 2009 as "Patriots Day" in St. Lucie County, Florida Consider staff recommendation to adopt Resolution No. 09-115 as drafted. It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 09-115, and; upon roll call, motion carried unanimously. B. Resolution No. 09-133 proclaiming April 28, 2009, as "Treasure Coast Volunteer Day" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 09-133 as drafted. It was moved by Com. Coward, seconded by Com. Craft, to approve Resolution No. 09-133, and; upon roll call, motion carried unanimously. ADDITION: Financial Presentation- Mr. Jay Gaines, Berger, Toombs, Elam, Gaines and Frank, Independent Auditors for St. Lucie County presented the audit financial reports for 2008. The County Administrator presented the fund balance report given for 2207/2008. She advised the Board of the available funds she would be applying towards the 2009/2010 and the 2010/2011 budgets. V. GENERAL PUBLIC COMMENT Mr. Jack Connelly, Chairperson for the Hibiscus Childrens Center addressed the Board and advised them of the upcoming events. VI. CONSENT AGENDA It was moved by Com. Dzadovsky, seconded by Com. Grande, to approve the Consent Agenda as amended with the warrant list number changed to No. 28, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 29 The Board approved Warrant List No. 28. B. COUNTY ATTORNEY 1. Newberry Fields - Donation of Right -of -Way - South Jenkins Road - S & S Enterprises, Inc. - 28 feet - Resolution No. 09-129 - S & S Rentals, L.L.C. - 26 feet - Resolution No. 09-130 - P. K. Trading Company - 29 feet - Resolution No. 09-131 The Board accepted the Special Warranty Deeds, authorized the Chair to sign Resolution Nos. 09-129, 09-130 and 09-131 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. 2. Resolution No. 09-118 — Supporting House Bill 451, which, if passed, would require sterilization of dogs and cats of specified age; amending Section 828.27, Florida Statutes, to establish certain provisions; and authorize St. Lucie County to enact ordinances requiring the licensor of certain animals to be exempt from sterilization. The Board approved adopting Resolution No. 09-118 as drafted. B. COUNTY ATTORNEY CONTINUED 3. A Resolution requesting the assistance of Governor Crist and Florida Department of Transportation Secretary Kopelousos to prioritize the Intercity Rail Component of the Florida East Coast Corridor Project (from Jacksonville to Miami) as part of the Federal Economic Stimulus Package for the State of Florida The Board approved adopting Resolution No. 09-123 as drafted. C. ADMINISTRATION/MEDIA 1. Media — Laptop Replacement The Board approved Budget Resolution No. 09-120 to replace the stolen laptop. 2. Economic Development Council — Acceptance of 2"d Quarter report and Authorization for $62,500 Matching Grant Payment The Board approved the acceptance of the 2"d Quarter Report from EDC as fulfilling the requirements of the Contract and authorization for disbursing payment in the amount of $62,500 towards the matching grant. D. SHERIFF'S OFFICE Permission to apply for the 2009 Recovery Act: Byrne Memorial Competitive Grant from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance. The Board authorized the submission of 2009 Recovery Act: Byrne Memorial Competitive Grant application and authorized the County Administrator to sign the electronic grant application. E. PUBLIC WORKS Permission to advertise an RFP for mitigation bank project at Platt's Creek. E E. F G. The Board approved advertising the attached RFP for the Platt's Creek Mitigation Bank. 2. White City Canal D The Board accepted the White City Canal D project; and approved the final payment and release of retainage in the amount of $28,236.00 to Johnson -Davis Construction, Inc. 3. Request to Advertise for Qualifications (RFQs) for Multiple Continuing Contracts The Board approved advertising RFQs from qualified firms to perform Bridge Evaluation and Design, Construction Management, Geotechnical Engineering and Construction Materials Testing, Roadway and Intersection Design, and Stormwater Management on an as -needed basis under the limitations of the St. Lucie County Purchasing Manual and Florida Statutes. 4. Lennard Road, 1, 2, and3 Municipal Services Benefit Units The Board approved the First Amendment to Work Authorization No. 1 with CDM for the Lennard Road 1, 2, and 3 MSBUs and authorized the Chair to sign. PUBLIC WORKS CONTINUED Taylor Creek Restoration — Spoil Site The Board approved supplemental Agreement No. 1 to Joint Participation Agreement (424248-1-94-01) with Florida Department of Transportation and Florida Ports Council (FSTED) for Taylor Creek Restoration — Spoil Site Evaluation & Design Project; and Resolution No. 09-127 and authorized the Chair to sign. GRANTS Priority ranking of two funding applications to the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program (FBIP). The Board approved to priority rank two funding applications to the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program (FBIP), as follows: (1) Stan Blum Memorial Boat Ramp — Restroom Construction, and (2) Little Mud Creek at Blind Creek Park — Boat Ramp Construction. MANAGEMENT AND BUDGET 2. 4. S. Purchasing Division - Fixed asset inventory -property record removal The Board authorized staff to remove the attached records from the fixed asset inventory of the Board of County Commissioners. Purchasing Division - Fixed asset inventory -property record removal The Board authorized staff to remove the attached record from the fixed asset inventory of the Supervisor of Elections Office. Purchasing Division - Fixed asset inventory -property record removal The Board authorized staff to remove the attached records from the fixed asset inventory of the Clerk of Court Office. Purchasing Division - Fixed asset inventory -property record removal The Board authorized staff to remove the attached records from the fixed asset inventory of the Property Appraiser Office. Amendment to contract for aquatic vegetation control services. 3 The Board approved the fourth amendment to contract C07-12-695 with DeAngelo Brothers, Inc. d/b/a Aquagenix adding a location (Savanna Retention Area) and authorized the Chair to sign the amendment as prepared by the County Attorney. 6. Amendment to contract for County pest control services. The Board approved the eighth amendment to contract C06-07-407 with Hulett Environmental Services adding a location (Central Services Garage and Fuel Pumps) and authorized the Chair to sign the amendment as prepared by the County Attorney. 7. Amendment to contract for water and sewer monitoring services. The Board approved the second amendment to contract C06-06-414 with Walsh Environmental Services, Inc. extending the contract through June 5, 2010 and authorized the Chair to sign the amendment as prepared by the County Attorney. H. AIRPORT Terminal Renovations at the St. Lucie County International Airport The Board approved Resolution 09-126 accepting Florida Department of Transportation Joint Participation Agreement 426499-1-94-01 for a $50,000 grant (50%) and a Budget Amendment to use the capital facilities Tourist Development Tax funds for the local match of up to $50,000 (50%) for a total design cost not to exceed $100,000 for the Terminal Renovations at the St. Lucie County International Airport, and authorized the Chair or designee to execute same. I. COMMUNITY SERVICES Resolution No. 09-128 accepting the donation of a lot for the affordable housing program The Board approved Resolution No. 09-128 accepting the donation of a lot for the affordable housing program and authorized the chair to execute the deed as prepared by the Property Acquisition Division, and record in the Public Records of St. Lucie County, Florida. J. PARKS AND RECREATION Card printer for the ActiveNet software system The Board approved EQ09 — 031 for the purchase of a card printer for the ActiveNet software system. 2. Additional section of stage for the Havert L. Fenn Center The Board approved EQ 09 — 032 for the purchase of an additional section of stage for the Havert L. Fenn Center. 3. Waiver of all fees for the 2009 Police & Fire Games The Board approved to waive facility rental fees at the Havert L. Fenn Center and the Fairgrounds and staffing fees, as indicated in the agenda memorandum, for the 2009 Police and Fire Games. END OF CONSENT AGENDA VII. PUBLIC HEARINGS There are no public hearings scheduled for April 7, 2009. END OF PUBLIC HEARINGS REGULAR AGENDA VIII. BOARD OF COUNTY COMMISSIONERS 4 Updates from the Commissioners on the various Boards/Committees The Board gave updates on the various Boards and Committees of which they are members. BOARD COMMENTS Com. Dzadovsky addressed proposed Senate Bill 346 and requested the Board consider giving direction to the new Environmental Resources Director to lay out arguments against this proposed bill. The Board concurred. Com. Coward addressed proposed Senate Bill 2016 which applies to certain global energy Projects. The County Attorney advised the Board they are attempting to pursue this bill and have made an effort to contact Senator Puritt. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 5 04/17/09 FZABWARR FUND TITLE 001 001113 001156 001164 001180 001181 001184 001188 001190 001419 001424 001434 001436 001500 001501 001505 001506 101 101001 101002 101003 101004 101006 102 102001 102808 102809 104002 105 107 107001 107002 107003 107005 107006 107204 107205 107206 121 129 130 130100 140 140001 140348 140360 150 160 ST. LUCIE COUNTY - BOARD WARRANT LIST #29- 11-APR-2009 TO 17-APR-2009 FUND SUMMARY General Fund CDBG Supp Disaster Recovery Subgran FTA USC Secton 5307 Oper. Assist. USDOJ Violence Against Women Grant US Dept Housing HUD Shelter Plus Gr FTA Section 5307 Operating & Capita CDBG 07 Section 112/MPO/Fhwa/Planning 2007 FTA Sec 5307 - Buses 05/06 FDCA-Construct County EOC Dept of Financial Services My Safe Fla Comm for the Disadvantaged Tran INTACT Inspired Network to Achieve FDEM Emergency Mgmt Performance CSBG 2008-2009 Dept of Health and H FDCA Emerg. Mgmt Prep & Assist FY09 Us Dept of Health Earned Income Tax Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU SFWMD-Wht City Canal Stormwater Imp Paradise Park Phase 2 SFWMD Elizabeth M. Kiessel Bequest Fund Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Legal Aid F&F Fund -Court Related Technology FL Dept Juvenile Justice-DMC Civil Juvenile Justice & Delinquency Prev FDCF Criminal Justice, Mental Healt Blakely Subdivision Fund Parks MSTU Fund SLC Public Transit MSTU FTA 5307 Capital and Operating assi Airport Fund Port Fund Taxiway Shoulders & Drainage FDEP Airport W Commerce Prk Sewer Impact Fee Collections Plan Maintenance RAD Fund EXPENSES 568,954.59 22,507.00 6, 865.00 16,964.43 10.07 25,147.00 40,206.50 1,090.16 9,138.00 277.50 758.52 32.63 84.34 3,145.76 8,694.66 4, 851.33 43.48 242,333.37 89.95 28,388.43 76,209.44 15,865.03 19, 520.96 35,401.42 7, 928.32 28,236.00 10,018.52 16.16 1,344.29 332,969.87 716.99 2,520.22 25,870.51 8, 627.75 15,983.66 108.49 1,208.79 181.35 97.24 8,360.00 98,123.96 31,268.00 32,020.52 151.40 21,769.76 11,750.00 115.00 6, 141 .94 PAGE PAYROLL 563,994.89 0.00 0.00 0.00 133.09 0.00 0.00 7, 959. 40 0.00 0.00 0.00 439.17 1,102.40 0.00 1, 955. 60 0.00 0.00 59,157.79 1,175.73 46,635.96 23,584.40 17,499.25 0.00 78,511.43 5,420.17 0.00 0.00 0.00 0.00 145,609.87 1, 113 . 60 1, 113 . 60 0.00 0.00 8, 736. 95 1, 507 . 10 2,076.00 0.00 0.00 0.00 2,176.18 0.00 14,863.07 0.00 0.00 0.00 1,523.20 3,351 .26 04/17/09 FZABWARR FUND TITLE 183 183001 183004 183006 184 20 9 184211 184212 185005 185007 185009 189201 189202 316 318 318102 382 39007 396 401 418 451 458 461 471 478 79 491 505 611 616 625 665 666 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #29- 11-APR-2009 TO 17-APR-2009 FUND SUMMARY Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP - Fort Pierce Shore Protection FDEP South SLC Beach Restoration Fort Pierce IMP Implementation FHFA SHIP FY04/05 FHFA SHIP FY06/07 FHFA SHIP 2007/2008 FHFC Hurricane Housing Recovery Pla My Safe Florida Home County Capital County Capital -Transportation Bond FHWA Angle Rd Sidewalk & Signalizat Environmental Land Capital Fund Indian River Estates MSBU Lennard Road 1 - Roadway Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Tourist Development Trust-Adv Fund SLC-Cultural Affairs Council Law Library SLC Art in Public Places Trust Fund SLC Economic Development Trust Fund Bank Fund GRAND TOTAL: EXPENSES 5, 453.93 580.00 482.57 649.00 21,534.82 10,679.94 42,375.72 1.28 16, 000.00 4,604.93 23,587.64 14,327.53 3,104.20 3, 115.10 33,263.00 1, 918.82 706.27 4,750.00 100,168.48 29, 757.25 2,154.22 2, 444.28 78,861.97 23, 729.27 1, 103.29 7, 124 .73 32,459.80 593,880.78 17,345.42 21,379.74 5, 503.09 35,600.00 12,500.00 324,573.38 3, 247, 828 . 76 PAGE PAYROLL 3, 009.49 0.00 5, 404 .72 0.00 0.00 0.00 0.00 18.46 0.00 2, 042.02 5,700.01 0.00 0.00 0.00 0.00 0.00 0.00 0.00 71,057.29 21,326.96 3, 949. 69 535.67 25,395.00 7,882.21 1,280.28 1, 412.42 33,425.61 5,504. 90 1, 905.77 0.00 0.00 0.00 0.00 0.00 1, 179, 490. 61 VW AGENDA REQUEST - - ITEM NO. VI.B. DATE: April 21, 2009 REGULAR 0 PUBLIC HEARING a CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): County Attorney Mark Godwin SUBJECT: Request to advertise one (1) clerical position and (1) pretrial officer position for the G.P.S./Pretrial Program. These positions have been funded in the (08/09) budget. BACKGROUND: Please see attached memorandum and position descriptions. FUNDS AVAIL: The funds have been budgeted in the account string: 107-2360-512000- 200. PREVIOUS ACTION: In FY08/09 the Board funded the G.P.S./Pretrial Services Program for additional staff. These positions were left unfilled until they were absolutely required. Due to the additional case assignments to the program, the Pretrial Office volume has increased. The Clerical Position will help with phones, down -loading messages into the new data -base, ordering supplies, organizing volumes of paperwork, running paperwork, making sure all money orders are collected, processed and deposited. The Pretrial Officer position will be a tremendous help to the current staff with job functions that will include monitoring, fieldwork and courtroom presentations. The Pretrial Office now accepts cases not only in pretrial status but also those cases that have been sentenced to house arrest with the program in lieu of incarceration. Additionally, some defendants are now paying for supervision and $3,853.00 has been collected. Furthermore, the program saved 50,802 bed days in 2008 with a potential cost savings of $3,556,140.00 calculated at $70.00 per jail day. In 2008, the 3' quarter inmate medical costs were $232,931.35 less than the previous years 3'd quart costs. Risk Manager Teegardin attributed this reduction in costs to the GPS/Pretrial Program monitoring sick inmates in lieu of them being incarcerated. RECOMMENDATION: Staff recommends the Board approve the release and advertisement the two (2) funded and budgeted positions for the Pretrial Release Program. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER: L W. OUTLAW Approved 5-0 County Administrator j Coordination/Signatures , County Attorney:_X Management & Budget _X. 7 g urchasing: Originating Department!Other: Other: Finance: Check for copy only, if applicableX - J _ _ INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLOP-IDA TO: Board of County Commissioners FROM: Mark Godwin, Criminal Justice Coordinator C.A. NO.: 09-0465 DATE: April 21, 2009 SUBJECT: Request to advertise one (1) clerical position and (1) pretrial officer position for the G.P.S. /Pretrial Program. BACKGROUND: The G.P.S./Pretrial Release Program Staff check on the status of criminal defendants and offenders in the community on a 24/7 daily basis. In FY08/09 the Board funded the G.P.5./Pretrial Services Program for additional staff. These positions were left unfilled until they were absolutely required. Due to the additional case assignments to the program, the Pretrial Ofgfice volume has increased. The Clerical Position will help with phones, down- loading messages into the new data -base, ordering supplies, organizing volumes of paperwork, running paperwork, makinq sure alp money orders are collected, pprocessed and deposited. The Pretrial Officer position will be a tremendous help to the current staff with job functions that will include monitoring, fieldwork and courtroom presentations. The Pretrial Office now accepts cases not only in pretrial status but also those cases that have been sentenced to house arrest with the program in lieu of incarceration. Additionally, some defendants are now paying for supervision and $3,853.00 in court ordered fees have been collected. Furthermore, the pro ram saved 50,802 bed days in 2008 with a potential cost savings of $3,556,140.00 calculated at $70.00 per jail day. Since the program started in July 2007 through February 2009 we had over 800 defendants go through the Program. Of those 800 defendants, a number of them had pregnancies, dialysis, cancer, HIV and mental health issues. An additional benefit of the program is that none of the defendants that came through the program "Failed to Appear" since the program started, savingg additional bed days. In 2008, the 3 quarter inmate medical costs were $ 232,931.35 less than the previous years, quarter costs. Risk Manager Teegardin attributed this reduction in costs to the GP5/Pretrial Program monitoring sick inmates in lieu of them being incarcerated. The funding for these positions would come from budgeted funds under the Fine and Forfeiture / Criminal Justice/Pretrial Program (107-2360-512000-200). Recommendation / Conclusion: Staff recommends the Board approve the advertisement of the two (2) positions for the Pretrial Release Program. Respectfully submitted, G Mark Godwin Criminal Justice Coordinator A St. Lucie County JOB CODE: 914 PAY GRADE: 19 SALARY: $37,822.36 - $59,580.14 PRETRIAL RELEASE OFFICER MAJOR FUNCTION: This is responsible professional counseling work in Pretrial Services in the County's Criminal Justice / County Attorney's Office. An employee assigned to this classification makes recommendations to the Court regarding the release or detention of pretrial criminal defendants and monitors defendant compliance with court ordered release conditions. Work is performed under the direction of the Pretrial Services Supervisor and is reviewed through conferences, case reviews, reports, and observation of results obtained. ESSENTIAL JOB FUNCTIONS EXAMPLES OF DUTIES: Interviews pretrial defendants at the County Detention Center, ascertains presence of alcohol and/or drug use problems, or mental health concerns. Attends court conferences and hearings to make recommendations for release or detention of defendants. Completes on-line interviews with defendants at the County Detention Center; assesses the physical, mental and legal status of defendants. Evaluates client treatment needs; seeks out and develops appropriate treatment resources. Verifies defendant information through telephone contacts or field visits. Provides supervision and case management for a varying client caseload of defendants residing in the community. Inputs first appearance hearing results and other case management data into the Court Alternatives Information Management System. Maintains client records, compiles statistics and prepares reports for submission to the Court. Disseminates information to other criminal justice agencies. Performs related work as requested or assigned. NOTE: The above listed examples are intended only as illustrations of the various kinds of work performed in positions allocated to this class. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. KNOWLEDGE SKILLS, AND ABILITIES NEEDED IN ORDER TO PERFORM THE ESSENTIAL JOB FUNCTIONS: Knowledge of state and local laws, rules, and regulations regarding pretrial release and defendant obligations. Knowledge of the operation of the criminal justice system and process. Knowledge of professional standards of pretrial release programs. Knowledge of basic theory and current practice in the treatment of alcohol abuse, drug abuse, and mental illness. Ability to effectively interview defendants and assess their physical, mental, and legal status. Ability to establish and maintain a good working relationship with clients, their families and other members of the criminal justice community. Ability to plan and organize work effectively. Ability to communicate effectively both orally and in writing, and to prepare and organize written reports. Ability to create and maintain accurate client records within a computerized information management system. Ability to establish and maintain effective working relationships with the public and fellow employees. PHYSICAL DEMANDS: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to talk or hear, and reach with hands and arms. The employee is frequently required to sit, walk, and use hands to finger, handle or feel. The employee is occasionally required to stand, bend and climb or balance. The employee must occasionally lift and/or move up to 10 pounds. Specific vision abilities required by this job include close vision, distance vision, peripheral vision, depth perception, and the ability to adjust focus. WORK ENVIRONMENT: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment usually ranges from moderate to loud. EDUCATION & EXPERIENCE: Bachelor's degree with major course work in criminal justice, behavioral sciences, social work, or related field; or any equivalent combination of related training and experience. Must satisfactorily complete local, state and national criminal history and fingerprint checks. Applicants within six months of meeting the minimum education/experience requirement may be considered for trainee status. A comparable amount of training or experience may be substituted for the minimum qualifications. LICENSE CERTIFICATION, OR REGISTRATION: A VALID Florida driver's license and a good driving record is required. APPROVED 10/2007 Union Non -Union '' 1 Exempt '' Non -Exempt JOB CODE 712 PAY GRADE 10 SALARY: $10.94 - $16.45 STAFF ASSISTANT MAJOR FUNCTION: Basic secretarial work which involves routine work functions. KNOWLEDGE, ABILITIES AND SKILLS NEEDED TO PERFORM THE ESSENTIAL JOB FUNCTIONS OF THE POSITION: Knowledge: Knowledge of business English, punctuation, spelling and arithmetic, modern office practices and procedures, public records keeping methods, practices and procedures. Abilities: Ability to work independently and to carry assignments to completion with minimum instructions. Ability to maintain complex records and to make reports requiring extreme accuracy. Ability to type and take oral dictation at the prescribed rate of speed. Ability to work well with others and to assist the public cooperatively and courteously. ESSENTIAL JOB FUNCTION: Takes and transcribes dictation of correspondence, documents, reports or other materials. Takes dictation from professional personnel requiring knowledge of special terminology. Takes minutes at meetings, if required. Composes and types answers to correspondence and prepares reports and tabulations. Processes invoices, (types, sorts, etc.) requiring various procedural knowledge. Reviews invoices for sufficiency, obtaining necessary signatures, routing appropriately, and maintaining follow-up. Gives information to other offices and the public applying a significant knowledge of laws, rules, regulations and procedures. Records and advises supervisor of important engagements and meetings. Opens and distributes mail. Operates two-way radio. Prepares moderately complex reports and summaries requiring checking and researching a variety of records. Performs various accounting functions. Skill in taking and transcribing oral dictation, the application of modern office techniques, practices and in the use and care of pertinent office machines and equipment. Performs related work as requested or assigned. ESSENTIAL PHYSICAL SKILLS: Use of both hands and fingers with dexterity. Good vision and hearing with or without correction. Occasional walking and standing. Must have good command of English language. ENVIRONMENTAL CONDITION REQUIREMENTS: Constant work inside the office in a sedentary posture. WORK HAZARDS: Occasionally called upon to lift objects of 30 pounds or less. Possible vision dysfunction due to heavy computer work. SAFETY EQUIPMENT USED OR NEEDED: None. EDUCATION: High school diploma or possession of an acceptable equivalency diploma with courses in typing and/or shorthand, speed writing or stenography and other commercial subjects. EXPERIENCE: Six (6) months stenographic and clerical work experience. In some departments, computer skills are necessary. A comparable amount of training or experience may be substituted for the minimum qualifications. LICENSE, CERTIFICATION OR REGISTRATION: A valid Florida driver's license is required. Union Non -Union Exempt Non -Exempt Revised 10/2007 V COUNTY -7,1111 0— AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B.2 Date: April 21, 2009 Regular [ ] Public Hearing [ ] Consent[X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Ordinance No. 09-014 - Amending Animal Registration Ordinance to Add Seller Registration Requirement BACKGROUND: See C.A. No. 09-0439 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff requests permission to advertise proposed Ordinance No. 09-014 for public hearing on June 16, 2009 at 6:00 p.m. or as soon thereafter as may be heard. COMMISSION ACTION: D< APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: 'jN , + s,-,, h `� `1 • Daniel 5. A ntyr Originating Dept.: Fiisance (Check for Copy only, if applicable): CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures Mgt. & Budget: Purchasing: Other: Other: INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 09-0451 DATE: April 9, 2009 SUBJECT: Ordinance No. 09-014 - Amending Animal Registration Ordinance to Add Seller Registration Requirement BACKGROUND: Attached to this ordinance is a copy of proposed Ordinance No. 09-014. The proposed ordinance would require persons selling one or more dog and/or cat in a twelve month period to register in the same manner as is now required for breeders. During the Board's informal meeting on March 24, 2009, staff was directed to proceed with a request for permission to advertise the proposed ordinance for public hearing. RECOMMENDATION/CONCLUSION: Staff requests permission to advertise proposed Ordinance No. 09-014 for public hearings on June 16, 2009 at 6:00 p.m. or as soon thereafter as may be heard. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Public Safety Director Finance Director Management and Budget Director Animal Control Coordinator as ORDINANCE NO. 09-014 AN ORDINANCE AMENDING CHAPTER 1-4 "ANIMALS AND FOWL,, OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1-14-16 (DEFINITIONS) TO ADD A DEFINITION FOR 'PET SELLER% AMENDING SECTION 1-4-31 (BREEDER REGISTRATION REQUIRED) TO REQUIRE PET SELLER REGISTRATION; AMENDING SECTION 1-4-32 (ISSUANCE OF BREEDER REGISTRATION CERTIFICATE) TO PROVIDE FOR ISSUANCE OF PET SELLER REGISTRATION CERTIFICATES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING SEVERABILITY AND APPLICABILITY; PROVIDING FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING ADOPTION; AND PROVIDING CODIFICATION. . WHEREAS, Section 125.01, Florida Statutes, authorized the Board of County Commissioners to establish programs providing for the health, safety, and general welfare of the residents of St. Lucie County; and, WHEREAS, Chapter 1-4 (Animals and Fowl) of the St. Lucie County Code of Ordinances and Compiled Laws (the "Animal Control Ordinance") provides for the regulation and control of animals in the unincorporated areas of St. Lucie County; and, WHEREAS, on April 3, 2007, the Board adopted Ordinance No. 07-010 which established a differential animal registration/identification tag program for dogs and cats in the unincorporated areas of the County as an appropriate means of (a) promoting public health and safety, (b) facilitating the identification and return of stray and last dogs and cats, and (c) encouraging spaying and neutering to reduce the pet overpopulation in St. Lucie County in order to effectively enforce the provisions of Chapter 1-4, and;. WHEREAS, the Board has determined that it is necessary to establish a pet seller registration requirement to further serve the underlying purpose of Ordinance No. 07-10 as Stpike #hpeug# passages are deleted. Underlined passages are added. -1- a set forth above by providing for registration of persons and entities which do not breed dogs and cats but offer them for sale to the public. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART B. AMENDMENT OF CHAPTER 1-4 (ANIMALS AND FOWL) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, BY AMENDING SECTION 1-4-16 (DEFINITIONS). Section 1-4-16 (Definitions) of Chapter 1-4 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to add a definition of "breeder" as follows: Section 1-4-16. Definitions. Breeder. Any person other than a pet seller registered pursuant to Section 1-4-31, as provided herein, governmental entity, or non-profit corporation which has been granted 501.C(3) status by the Internal Revenue Service, who owns, keeps, harbors, maintains, or has custody of any dog or cat which produce a total of two or more litters during a twelve (12) month period. Pet Seller. Any person or entity, other than a registered breeder pursuant to Section 1-4-31, governmental entity, or non-profit corporation which has been granted 501.C(3) status by the Internal Revenue Service, who offers for sale one or more dogs or cats during a twelve (12) month period. PART C. AMENDMENT OF CHAPTER 1-4 (ANIMALS AND FOWL) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, TO CREATE ARTICLE III, (REGISTRATION). Article III (Registration) of Chapter 1-4 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended by amending Section 1-4-31 to read as follows: Strike Ai-sugh passages are deleted. Underlined passages are added. -2- Section 1-4-31. Breeder and pet seller registration required It shall be unlawful for any person or entity to operate as a cat or dog breeder and/or pet seller unless such person or entity has been currently registered as a breeder or pet seller in accordance with the provisions of this ordinance. Any breeder and/or pet seller shall be registered in accordance with the provisions of this ordinance. A breeder who is registered pursuant to this ordinance shall not also be required to register as a pet seller. Section 1-4-32. Issuance of breeder and/or pet seller registration certificate. (a) All breedersf eats and/ei-degs and pet sellers in the unincorporated areas of St. Lucie County shall obtain an annual St. Lucie County breeder or pet seller, as appropriate, registration certificate on or before October lst of each year. (b) The breeder ee pet seller registration number shall be included in all advertisements for sale of any animals offered for sale or breeding by the breeder or pet seller. Lc) Breeders and pet sellers shall obtain a registration certif icate directly from (1) any participating veterinarians' office displaying the St. Lucie County Animal Control Division Seal, end (2) the Humane Society of St. Lucie County, Inc., 100 c,.yannah Read Feint Pier e Heride 34942, or (3) the St. Lucie County Animal Control Division. Such request shall include proof of current vaccination affidavit as set forth above in Section 1-4-30(b) and a sterilization certificate duplicate copy, if applicable. Participating veterinarians shall provide the Humane Seeiety ef St. Weie Geunty, Ime., St. Lucie County Animal Control Division with a list of all 10eemses registration certificates issued which shall maintain a database of such information. The fees for breeder and pet seller registration shall be established by resolution of the Board. The County shall pay participating veterinarians and the Humane Society of St. Lucie County, Inc., respectively, the sums to be determined by resolution of the Board for each registration certificate issued. (d) The breedei- registration certificate shall be non -transferable. (e) Net proceeds accruing to the County from the sale of breeder and pet seller registration certif icates shall be turned over to the Clerk of the Circuit Court to be placed in a fund designate as the "Animal Registration Fund." The proceeds shall be used for spay/neuter programs in St. Lucie County operated by the St. Lucie County Humane Society. S#pike f4eagh passages are deleted. Underlined passages are added. -3- PART C. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1,1969, St. Lucie County ordinances and St. Lucie County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any person, property, or circumstance. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Paula A. Lewis Vice Chairman Charles Grande Commissioner Chris Craft Commissioner Doug Coward Commissioner Chris Dzadovsky 6#pike t4sugh passages are deleted. Underlined passages are added. -4- XX XX XX XX XX PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. PASSED AND DULY ADOPTED this XX day of XX, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney sAatty\ordnance\2009\09-014 Stpike #pedgh passages are deleted. Underlined passages are added. -5- AGENDA REQUEST ITEM NO. VI - C TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: Board of County Commissioners Public Works Administration DATE: April 21, 2009 REGULAR[ ] PUBLIC HEARING[ ] CONSENT [ X ] PRESENTED BY: Donald B. West, Public Works Director Walton Road Widening — Village Green Drive to Lennard Road See attached memorandum. 101006-4116-563000-41011 - Transportation Trust - Impact Fees See attached memorandum. RECOMMENDATION: Board approval of Local Agency Program (LAP) Agreement with FDOT in the amount of $3,574,360 for widening and enhancement of Walton Road — Village Green Drive to Lennard Road, approval of Resolution #09-132 and authorization for the Chair to sign. COMMISSION ACTION: �} APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Reviews and Approval [X] County Attorney: ! [X] Management & Budget/Purchasing: Daniel McIntyre Marie Gouin J 4, 'a'Xt ( I v fl [X] Originating Dept -Public Works: Afsvl [X] Copy to Finance Don Id B. West Shai Frances Page 1 of 2 PUBLIC WORKS DEPARTMENT ADMINISTRATION MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West, Public Works Director DATE: April 21, 2009 RE: Walton Road Widening — Village Green Dr. to Lennard Rd. BACKGROUND: The Walton Road Widening project is being constructed in cooperation with the City of Port St. Lucie and consists of the widening of Walton Road from two lanes to four from Village Green Drive to Lennard Road. The project includes signalization, pedestrian and bike features, landscaping and lighting. This road -widening project will be funded through a Local Agency Program (LAP) Agreement with FDOT and County funds. An Interlocal Agreement was approved in February 2009 for an easement from the City of Port St. Lucie to the County for a pond site that was necessary for the storm water drainage necessary for the project. PREVIOUS ACTION: 2/17/2009 — Board approval of Interlocal Agreement with City of Port St. Lucie related to Walton Road Improvements. RECOMMENDATION: Board approval of Local Agency Program (LAP) Agreement with FDOT in the amount of $3,574,360 for widening and enhancement of Walton Road — Village Green Drive to Lennard Road, approval of Resolution #09-132 and authorization for the Chair to sign. Page 2 of 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 03107 Page 1 FPN: 410256-1-58-01 Fund: SE/SU/DDRF/LFF FLAIR Approp: Federal No: 7076-002- P Org Code: 55043010404 FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: County No: Contract No: Vendor No: VF591474012008 Data Universal Number System (DUNS) No: 80-939-7102 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this day of OF FLORIDA DEPARTMENT OF TRANSPORTATION, an Department, and St. Lucie County hereinafter called the Agency WITNESSETH: by and between the STATE agency of the State of Florida, hereinafter called the WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in Walton Road Widening from Village Green Dr. to Lennard Road and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the "project," and to provide Department financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1.01 Attachments: Exhibit(s) A+13+1+L+T+RL are attached and made a part hereof. 2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this Agreement. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. Removal of Any Unbilled Funds If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project), Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or nonperformance. In addition to loss of funding, the Department will consider de -certification of said Agency for future LAP projects. Removal of All Funds STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PROJECT MANAGEMENT OFFICE LOCAL AGENCY PROGRAM AGREEMENT 03107 Page 2 If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the Agency, and the project is off the state highway system, then the department will have to request repayment for the previously billed amounts from the Local Agency. No state funds can be used on off -system projects. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before June 30, 2012. If the Agency does not complete the project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including federal -aid requirements, to enable the Agency to provide the necessary funds for completion of the project. 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal Highway Administration (FHWA) may require. 3.00 Project Cost: 3.01 Total Cost: The total cost of the project is $ 3,574,360.00. This amount is based upon the schedule of funding in Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00. 3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the extent provided in Exhibit "B." This amount includes federal -aid funds which are limited to the actual amount of federal - aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible project costs is subject to: a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 3.05 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 03107 Page 3 available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 3.06 Notice -to -Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice - to -Proceed from the Department. 3.07 Limits on Federal Participation: Federal -aid funds shall not participate in any cost which is not incurred in conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal -aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the project records, together with supporting documents and records of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria: The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE o31o7 Page 4 the Department, as described in this section. Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the FDOT's Office of Inspector General (OIG), and the Chief Financial Officer (CFO) or Auditor General. Audits Part I - Federally Funded: Recipients of federal funds (i.e., state, local government or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit 1" of this Agreement indicates federal resources awarded through the Department by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1 the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II - State Funded: Recipients of state funds (i.e., a non -state entity as defined by Section 215.97(2) (1), Florida Statutes) are to have audits done annually using the following criteria: In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a state single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit "1" to this Agreement indicates state financial assistance awarded through the Department by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other non -state entities. State financial assistance does not include federal direct or pass -through awards and resources received by a non -state entity for federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 03/07 Page 5 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. Part III - Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings. Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV - Report Submission: Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Karen Maxon, Budget & Work Program Coordinator Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 c) Other federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of Federal Awards directly to each of the following: Karen Maxon, Budget & Work Program Coordinator Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management Letters issued by the auditor, to the Department at each of the following addresses: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE D3/07 Page 6 Karen Maxon, Budget & Work Program Coordinator Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 3. Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Karen Maxon, Budget & Work Program Coordinator Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 b) The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: a) The Department at each of the following address(es): Karen Maxon, Budget & Work Program Coordinator Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package was delivered to the recipient in correspondence accompanying the financial reporting package. Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the Department. 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to audit the books, records, and accounts pertaining to the financing and development of the project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1) (c), Florida Statutes). STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 03/07 Page 7 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right- of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof (Section 287.058(1)(a), Florida Statutes). All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and Chapter 3-"Travel" of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1)(b), Florida Statutes). If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this Agreement, requires the approval of the Department or has made relatedexpenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph 12.06 or 12.07. 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal -aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the completion of the project. Invoices submitted after the 120-day time period may not be paid. 8.00 Termination or Suspension of Project: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE o3,oi Page 8 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency with a requirement that the deficiency be corrected within a specified time; otherwise this Agreement will be terminated at the end of such time. Suspension of this Agreement will not affect the time period for completion of the project. If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the stage of work at which this Agreement is terminated. If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs. 8.02 Action Subsequent to Notice -of -Termination or Suspension: Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts of Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 03/07 Page 9 to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. 12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non -Responsibility: An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. 12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the project or any property included or planned to be included in the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010d0 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 03/07 Page 10 contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency a written approval with any approved portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. 13.09 Right -of -Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the project, including those projects for which no right-of-way is required. 13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 03/07 Page 11 name, and the project is accepted by the Agency as suitable for the intended purpose. 13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 13.13 Restrictions on Lobbying: Federal: The Agency agrees that no federally -appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally -appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipiients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. 13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency ® will ❑ will not maintain the improvements made for their useful life. 13.15 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at 850-410-9724 or by calling the State Comptroller's Hotline, 1- 800-848-3792. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFicE o3/o7 Page 12 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Name: Title: Attest: Title: As to form: Attorney By: Attest: Name: GERRY O'REILLY, P.E. Title: Director of Transportation Development Title: As to form: District Attorney See attached Encumbrance Form for date of funding approval by Comptroller. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 08/06 Page EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 410256-1-58-01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and St. Lucie Countv Dated PROJECT LOCATION: Walton Road from Village green Dr. to Lennard Road The project is x is not on the National Highway System. The project is x is not on the State Highway System. PROJECT DESCRIPTION: Walton Road Widening from Village Green Dr. to Lennard Road SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and the funding action from any other source with respect to the project. The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Study to be completed by N/A . (Phase 18and 28 LAP Agreements) b) Design to be completed by 5/01/2009 . (Phase 38 LAP Agreements) c) Right -of -Way requirements identified and provided to the Department by N/A . (All LAPS requiring RNV) (District will handle all Right of Way activities on LAPS, the date would be set by the necessary timeframe to complete R/W activities. d) Right -of -Way to be certified prior to advertising for Construction. (All Phase 58 LAPS). e) Construction contract to be let by 11/30/2009 . (For Phase 58 LAPS). (This date would be prior to the end of the fiscal year that the Phase 58 is programmed in FM) f) Construction to be completed b 12/31/2011. (Phase 58 LAP Agreements) If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of federal funding. This project is for reimbursement of Construction Only in the year 2008/2009 in the amount of $3,574,360.00. Upon execution of this agreement by all parties the Department will provide the Agency ONE EXECUTED AGREEMENT and a NOTICE TO PROCEED. The Agency should not start any construction prior to the EXECUTED AGREEMENT and a NOTICE TO PROCEED. The Agency will only be reimbursed for costs incurred after the executed agreement date and prior to the agreement or time extension (if required by a request for a time extension from the Agency) date. Any unused funds will be deleted by the Department and the Federal -Aid Office upon completion and final billing. Upon completion of the Project, the Agency is required to notify the Department of the date of the completion and final invoicing. The Department may require an onsite inspection with the Agency Refer to Exhibit "B" annexed hereto and made a part hereof SPECIAL CONSIDERATIONS BY DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 08/06 Page EXHIBIT "B" SCHEDULE OF FUNDING AGENCY NAME & BILLING ADDRESS FPN: 410256-1-58-01 St. Lucie County 2300 Virginia Ave Fort Pierce, FL 34982 PROJECT DESCRIPTION Name: Walton Road from Village Green Dr. to Lennard Road Length: 4,906.12 Linear Feet Termini: Village Green Dr. to Lennard Road TYPE OF WORK By Fiscal Year FUNDING (�) TOTAL PROJECT FUNDS (2) AGENCY FUNDS (3) STATE & FEDERAL FUNDS Planning 2006-2007 2007-2008 2008-2009 Total Planning Cost Project Development & Environment (PD&E) 2006-2007 2007-2008 2008-2009 Total PD&E Cost Design 2006-2007 2007-2008 2008-2009 Total Design Cost Right -of -Way 2006-2007 2007-2008 2008-2009 Total Right -of -Way Cost Construction 2008-2009 DDRF (9.035%) 2008-2009 SE (100%) 2008-2009 SU (81.93%) 2008-2009 LFF (9.035%) Total Construction Cost $294,360.00 $316,360.00 $2,669,280.00 $294,360.00 3 574 360.00 $294,360.00 $316,360.00 $2,669,280.00 $294,360.00 $294,360.00 3 280 000.00 Construction Engineering and Inspection (CEI) 2006-2007 2007-2008 2008-2009 Total CEI Cost Total Construction and CEI Costs TOTAL COST OF THE PROJECT 3 574 360.00 $294,360.00 3 280 000.00 The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010A0 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 08/06 Page EXHIBIT " 1 " SINGLE AUDIT ACT Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following: Federal Agency: Federal Highway Administration CFDA #: 20.205 Highway Planning and Construction Amount: $ 3,574,360.00 Compliance Requirement: Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance for bridges on and off the federal -aid highways, highway safety activities, bicycle and pedestrian projects, transportation enhancement activities, the recreational trails program, and planning, research, development, and technology transfer. Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state. Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49 C.F.R. and the OMB cost principles applicable to the recipient/sub-recipient. Eligibility: By law, the federal -aid highway program is a federally assisted state program that requires each state to have a suitably equipped and organized transportation department. Therefore, most projects are administered by or through State Departments of Transportation (State DOTS). Projects to be funded under the federal -aid highway program are generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same manner as other federal -aid highway projects, with the territorial transportation agency functioning in a manner similar to a state DOT. Most Florida Land Highway Program (FLHP) projects are administered by the Federal Highway Administration (FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies (FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal Governments meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and Parkways Programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly select projects. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections 112.061, 215.422, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-30 FEDERAL -AID PROJECT FUNDING REQUEST CONSTRUCTION 08100 Page 1 of 2 DATE AGENCY St. Lucie County FEDERAL -AID PROJECT NUMBER 7076-002-P FIN NUMBER 410256-1-58-01 STATE JOB NUMBER TIP PAGE NUMBER PROJECT TITLE Walton Road from Village Green Dr. to Lennard Road PROJECT TERMINI FROM: Village Green TO: Lennard Road WORK PHASE: ❑ PLANNING ❑ ENVIRONMENTAL ❑ DESIGN ■ CONSTRUCTION ❑ RIGHT OF WAY AWARD TYPE: ■ LOCAL LOCAL FORCES ENVIRONMENTAL DOCUMENT: Mark the type of environmental document prepared, indicate the approval date, and the most recent reevaluation date. EIS approved on: N/A and reevaluated on: EA /FONSI approved on: N/A and reevaluated on: Categorical Exclusion: Programmatic Categorical Exclusion determination on: N/A Type I Categorical Exclusion determination on: N/A Type II Categorical Exclusion determination on: 4/7/2003 Categorical Exclusion Reevaluation on: 10/7/2008 PHASE TOTAL ESTIMATED COST nearest Dollar LOCALAGENCY FUNDS nearest Dollar STATE FUNDING nearest Dollar FEDERAL FUNDS (nearest Dollar) PERCENT FEDERAL FUNDS OBLIGATION DATE Month / Year PLANNING PD&E DESIGN R/W CONST. $3,574,360.00 $294,360.00 $294,360.00 $2,985,640.00 83.5% TOTAL $3,574,360.00 $294,360.00 $294,360.00 $2,985,640.00 83.5% DESCRIPTION OF EXISTING FACILITY (Existing Design and Present Condition) Roadway Width: 24 Feet Number of Lanes 4 Lanes Divided Bridge Number(s) on Project None DESCRIPTION OF PROPOSED WORK A New Construction a 3-R ❑ Enhancements Congestion Mitigation Roadway Widening Roadway Width 80ft Number of Lanes Bridge Numbers s on Project TITLE: Grant Specialist LOCAL AGENCY CONTACT PERSON Lori Rock MAILING ADDRESS: PHONE: (772) 462-2517 2300 Virginia Ave Ft. Pierce, FL AGENCY ZIP CODE: 34982 St. Lucie County LOCATION AND DESIGN APPROVAL: BY: Approving Authority TITLE: DATE: 525-010-30 CONSTRUCTION 08100 Page 2 of 2 AGENCY: PROJECT TITLE: St. Lucie County Walton Road from Village Green Dr. to Lennard Road ENVIRONMENTAL COMMITMENTS AND CONSIDERATI An Environmental re-evaluation for this project was completed and approved by FDOT and FHWA RIGHT OF WAY AND RELOCATION: There is no right of way acquisition associated with this Project. DATE: THIS PROJECT HAS BEEN REVIEWED BY THE LEGISLATIVE BODY OF THE ADMINISTRATION AGENCY OR AGENCIES, OR ITS DESIGNEE, AND IS NOT INCONSISTANT WITH THE AGENCY'S COMPREHENSIVE PLAN FOR COMMUNITY DEVELOPMENT. DATE By: AGENCY: (Mayor / Chairman) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01D-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 08M Pape EXHIBIT "L" LANDSCAPE MAINTENANCE AGREEMENT (LMA) Paragraph 13.14 is expanded by the following: The Department and the Agency agree as follows: 1. Until such time as the project is removed from the project highway pursuant to paragraphs 3 and 5 of this LMA, the Agency shall, at all times, maintain the project in a reasonable manner and with due care in accordance with all applicable Department guidelines, standards, and procedures hereinafter called "Project Standards." Specifically, the Agency agrees to: a) Properly water and fertilize all plants, keeping them as free as practicable from disease and harmful insects; b) Properly mulch plant beds; c) Keep the premises free of weeds; d) Mow and/or cut the grass to the proper length; e) Properly prune all plants which responsibility includes removing dead or diseased parts of plants and/or pruning such parts thereof which present a visual hazard for those using the roadway; and f) Remove or replace dead or diseased plants in their entirety, or remove or replace those plants that fall below original Project Standards_ The Agency agrees to repair, remove or replace at its own expense all or part of the project that falls below Project Standards caused by the Agency's failure to maintain the same in accordance with the provisions of this LMA. In the event any part or parts of the project, including plants, has to be removed and replaced for whatever reason, then they shall be replaced by parts of the same grade, size, and specification as provided in the original plans for the project. Furthermore, the Agency agrees to keep litter removed from the project highway. 2. Maintenance of the project shall be subject to periodic inspections by the Department. In the event that any of the aforementioned responsibilities are not carried out or are otherwise determined by the Department to not be in conformance with the applicable Project Standards, the Department, in addition to its right of termination under paragraph 4(a), may at its option perform any necessary maintenance without the need of any prior notice and charge the cost thereof to the Agency. 3. It is understood between the parties hereto that any portion of or the entire project may be removed, relocated or adjusted at any time in the future as determined to be necessary by the Department in order that the adjacent state road be widened, altered or otherwise changed to meet with the future criteria or planning of the Department. The Agency shall be given notice regarding such removal, relocation or adjustment and shall be allowed 60 days to remove all or part of the project at its own cost. The Agency will own that part of the project it removed. After the 60-day removal period, the Department will become the owner of the unresolved portion of the project, and the Department then may remove, relocate or adjust the project as it deems best, with the Agency being responsible for the cost incurred for the removal of the project. 4. This LMA may be terminated under any one of the following conditions: a) By the Department, if the Agency fails to perform its duties under this LMA following 15 days' written notice; or STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENTOFFCE oeroe Pape EXHIBIT "L" (continued) LANDSCAPE MAINTENANCE AGREEMENT (LMA) b) By either party following 60-calendar days' written notice. 5. In the event this LMA is terminated in accordance with paragraph 4 hereof, the Agency shall have 60 days after the date upon which this LMA is effectively terminated to remove all or part of the remaining project at its own cost and expense. The Agency will own that part of the project it removed. After the 60-day removal period, the Department then may take any action with the project highway or all or part of the project it deems best, with the Agency being responsible for any removal costs incurred. 6. This LMA embodies the entire agreement and understanding between the parties hereto, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 7. This LMA may not be assigned or transferred by the Agency, in whole or in part, without consent of the Department. 8. This LMA shall be governed by and construed in accordance with the laws of the State of Florida. 9. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. mail, Postage prepaid, registered or certified with return receipt requested: a) If to the Department, addressed to: Ms. Barbara Handrahan District Local Program Administrator 3400 West Commercial Blvd. Ft. Lauderdale Florida 33309-3421 or at such other address as the Department may from time to time designate by written notice to the Agency; and b) If to the Agency, addressed to: Ms. Lori Rocky, Grants Administrator 2300 Virginia Avenue Ft. Pierce Florida 34982 or at such other address as the Agency may from time to time designate by written notice to the Department. 10, This LMA, if attached as an exhibit to the Agreement, forms an integral part of the Agreement between the parties dated All time limits provided hereunder shall run from the date of receipt of all such notices, demands, requests, and other instruments. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-0104p LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 0=6 Pape EXHIBIT "T" TRAFFIC SIGNAL MAINTENANCE AGREEMENT (TSMA) Paragraph 13.14 is expanded by the following: The parties mutually agree and covenant as follows: 1. When the District Traffic Operations Engineer of the Department has served a request order on the Agency, and the designated officer of the Agency has favorably acknowledged the request order, the Agency shall undertake the responsibilities to maintain and operate existing or new traffic signals and signal systems mentioned in the request order. 2. The proposed functional design and operation of new traffic signals and signal systems shall be reviewed by the Agency in conjunction with the Department prior to installation. Such design and operation will be as energy efficient as possible. 3. The installation of signals or signal systems shall not endanger highway travel and shall be conducted in accordance with Part VI of the Manual on Uniform Traffic Control Devices (MUTCD), as amended, and with all applicable Department standards, specifications and plans governing traffic control for street and highway construction and maintenance. 4. The Agency shall be responsible for the maintenance and continuous operation of the traffic signals and signal systems (central computer, cameras, message signs, and communications interconnect), school zone traffic control devices, intersection flashing beacons, illuminated street sign names, and the payment of electricity and electrical charges incurred in connection with the operation of such traffic signals and signal systems upon completion of their installation. In the case of construction contracts, the Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with the operation of the traffic signals and signal systems, and shall undertake the maintenance and continuous operation of said traffic signals and signal systems upon final acceptance of the installation by the Department. Repair or replacement and other responsibilities of the installation contractor and the Department, during the burn -in period between conditional and final acceptance, are contained in the most recent Department's Standard Specifications for Road and Bridge Construction. 5. The Agency shall maintain and operate the traffic signals and signal systems in a manner that will ensure safe and efficient movement of highway traffic and that agree with maintenance practices prescribed by the International Municipal Signal Association (IMSA) and operational requirements of the MUTCD, as amended. The Agency's maintenance responsibilities shall include, but not be limited to, preventive maintenance (periodic inspection, service, and routine repairs), and emergency maintenance (troubleshooting in the event of equipment malfunction, failure or damage). The Agency shall record its maintenance activities in a traffic signal maintenance log which shall contain, as a minimum, traffic signal log details recommended by the IMSA. 6. The Agency may remove any component of the installed equipment for repair; however, it shall not make any permanent modifications and/or equipment replacements unless the equipment provided is the same age or newer and is capable of performing the same functions. The Department shall not make any modifications and/or equipment replacements without prior written notice to the Agency. 7. The Agency shall set and maintain the timing and phasing of the traffic signals in accordance with the Department's timing and phasing plans, specifications or special provisions. The Agency may make modifications in phasing of traffic signals and signal systems to accommodate changing needs of traffic provided prior written approval is obtained from the Department. Department approval shall be contingent upon an engineering report prepared by or for the Agency in accordance with Section 1A.09, "Engineering Study and Engineering Judgment", of the MUTCD recommending such changes and signed and sealed by a qualified Professional Engineer licensed in the State of Florida. The Agency may make changes in the signal timing provided these changes are made under the direction of a qualified Professional Engineer. The Agency shall send a signed and sealed copy of the timings to the Department immediately after installation. The Department reserves the right to examine equipment, timing, and phasing at any time and, after consultation with the Agency, may specify modifications. If the Department specifies modification in timing and/or phasing, implementation of such modifications shall be coordinated with, or made by the Agency. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMEN,925-010 T OFFICE oaiDs Pape EXHIBIT "T" (continued) TRAFFIC SIGNAL MAINTENANCE AGREEMENT (TSMA) 8. The Agency shall note in the maintenance log any timing and/or phasing changes and keep a copy of the timings and any approval documentation in a file. 9. The Agency may enter into agreements with other parties pertaining to traffic signals and signal systems including, but not limited to, agreements relating to costs and expenses incurred in connection with the operation of traffic signals and signal systems on the State Highway System provided that such agreements are consistent with the mutual covenants contained in this TSMA. The Agency shall furnish a copy of such agreements to the Department. 10. This TSMA shall remain in force during the life of the originally installed equipment and/or the life of any replacement equipment installed with the mutual consent of the parties hereto until superseded by a Traffic Signal Maintenance and Compensation Agreement between the Department and the Agency. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 08M Pape EXHIBIT "RL" ROADWAY LIGHTING MAINTENANCE AGREEMENT (RLMA) Paragraph 13.14 is expanded by the following: 1. a) The Agency shall, at its sole cost and expense, maintain the existing or about to be installed roadway lighting system throughout its expected useful life unless and until this exhibit is superseded by a State Highway Maintenance and Compensation Agreement. b) In maintaining the roadway lighting system, the Agency shall perform all activities necessary to keep the roadway lighting system fully and properly functioning, with a minimum of 90% lights burning for any lighting type (e.g., high mast, standard, under deck, sign) or roadway system at all times for their normal expected useful life in accordance with the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage or acts of nature. Said maintenance shall include, but not limited to, providing electrical power and paying all charges associated therewith, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts of the facilities (including the poles and any and all other component parts installed as part of the facilities), and the locating (both vertically and horizontally) of the facilities as may be necessary. c) All maintenance shall be in accordance with the provisions of the following: (1) Manual of Uniform Traffic Control Devices (MUTCD); and (2) All other applicable local, state or federal laws, rules, resolutions or ordinances and Department procedures. 2. Record Keeping The Agency shall keep records of all activities performed pursuant to this RLMA. The records shall be kept in such format as is approved by the Department. 3. Default In the event that the Agency breaches any of the provisions above, then in addition to any other remedies which are otherwise provided for in this Agreement, the Department may exercise one or more of the following options, provided that at no time shall the Department be entitled to receive double recovery of damages: a) Pursue a claim for damages suffered by the Department or the public. b) Pursue any other remedies legally available. c) As to any work not performed by the Agency, perform any work with its own forces or through contractors and seek reimbursement for the cost thereof from the Agency, if the Agency fails to cure the non-performance within 14 calendar days after written notice from the Department; however, that advance notice and cure shall not be preconditions in the event of an emergency. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 0ero5 Pape EXHIBIT "RL" (continued) ROADWAY LIGHTNING MAINTENANCE AGREEMENT (RLMA) 4. Force Majeure Neither the Agency nor the Department shall be liable to the other for any failure to perform under this exhibit to the extent such performance is prevented by an act of God, war, riots, natural catastrophe or other event beyond the control of the non -performing party and which could not have been avoided or overcome by the exercise of due diligence, provided the party claiming the excuse from performance has: a) Promptly notified the other party of the occurrence and its estimate duration, b) Promptly remedied or mitigated the effect of the occurrence to the extent possible, and c) Resumed performance as soon as possible. 5. Miscellaneous a) The parties understand and agree that the Department has manuals and written policies and procedures which shall be applicable at the time of the project and the relocation of the facilities and except that the Agency and the Department may have entered into joint agreements for utility work to be performed by a contractor. To the extent that such a joint agreement exists, this exhibit shall not apply to facilities covered by the joint agreement. Copies of Department manuals, policies, and procedures will be provided to the Agency upon request. b) Time is of the essence in the performance of all obligations under this RLMA. RESOLUTION NO. 09-132 A RESOLUTION ACCEPTING THE FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT (# 410256-1-58- 01) FOR WALTON ROAD WIDENING & ENHANCEMENT FROM VILLAGE GREEN TO LENNARD ROAD AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding for Walton Road Widening and Enhancement from Village Green Drive to Lennard Road (#410256-1-58-01). 2. The Board should authorize and approve execution of Local Agency Program Agreement with the Florida Department of Transportation for the above -referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves Local Agency Program Agreement with the Florida Department of Transportation (#410256-1-58- 01) for Walton Road Widening and Enhancement from Village Green Drive to Lennard Road. 2. The Board hereby authorizes and Chairperson to execute the above -referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. Page 1 of 2 After motion and second, the vote on Resolution 09-132 was as follows: Chair Paula Lewis Vice -Chair Charles Grande Commissioner Doug Coward Commissioner Chris Craft Commissioner Chris Dzadovsky PASSED AND DULY ADOPTED this day of ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 2 of 2 IF COUNTY F LORI D A TO: SUBMITTED BY DEPT: SUBJECT: BACKGROUND: FUNDS AVAILABLE: BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST ITEM NO: VI- D DATE: April 21, 2009 REGULAR [ ] PUBLIC HEARING [ j CONSENT [X] Community Services PRESENTED BY: Corine C. Williams, �►, r--- Transit Manager �`"" Job Access and Reverse Commute (JARC) and New Freedom (NF) programs. See attached memorandum. N/A PREVIOUS ACTION: January 27, 2009, Board authorized submission of a request to FTA for qualification as a Designated Recipient of JARC and NF funds. March 6, 2009, in collaboration with Martin County, a letter was submitted to the Federal Transit Administration (FTA) for JARC and NF grant funds. (See attached). RECOMMENDATION: COMMISSION ACTION: LA APPROVED [ J DENIED [ ] OTHER Approved 5-0 County Attorney: x 01-1k Daniel S. McIntyreLHea er YOU91C Originating Department: x Beth Ryder Board permission to advertise a Request for Qualifications for transit providers for the JARC and NF programs. CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures Management & Budget x i Purchasing: Sophia Holt/ Marie Gouin*&]T� Desiree Cimino Other: Other: I COMMUNITY SERVICES MEMORANDUM 09-188 TO: Board of County Commissioners FROM: Corine C. Williams, Transit Manager SUBJECT: Job Access and Reverse Commute (JARC) and New Freedom (NF) programs. DATE: April 21, 2009 Background: January 27, 2009, the Board authorized submission of a request to Federal Transit Administration (FTA) for the Designated Recipient classification of JARC and NF funds. The Port St. Lucie Urbanized Area primarily consists of St. Lucie County and Martin County. This designation request is a joint partnership with Martin and St. Lucie Counties' Metropolitan/Transportation Planning Organizations and the respective Boards of County Commissioners to apply for the JARC and NF Program funds. March 6, 2009, a joint letter was submitted in conjunction with the Martin County Board of County Commissioners to the Florida Department of Transportation to become the Designated Recipients of FTA's JARC and NF grants for the Port St. Lucie Urbanized Area. St. Lucie County is a Designated Recipient of FTA Section 5307 funds, which provides capital and operation funds for the public transit services in the St. Lucie County area and is familiar with FTA program oversight requirements. Therefore, it is appropriate for the County to be the Designated Recipient for JARC and NF program funds. Recommendation: Board permission to advertise a Request for Qualifications for transit providers for the JARC and NF programs. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS 2300 VIRGINIA AVENUE • FORT PIERCE, FL 34982 March 6, 2009 Ms. Nancy A. Ziegler, Administrator Florida Department of Transportation Office of Modal Development (OMD) 3400 W. Commercial Boulevard Fort Lauderdale, FL 33309-3421 Dear Ms. Ziegler. MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS 2401 S.E. MONTEREY ROAD a STUART, FL 34996 RE: Federal Transit Administration JARC/New Freedom Designation Request RECEIVED MAR 3 0 2009 MARTIN MPO It is the request of both the Martin and St. Lucie Boards of County Commissioners to become designated recipients for Federal Transit Administration (FTA) Job Access and Reverse Commute and New Freedom Program funds. This decision was made after consultation with Iocal public transit providers in the Port St. Lucie Urbanized Area (UZA). Both Martin and St. Lucie Board of County Commissioners are designated recipients of Urbanized Area Formula Program Funds, Section 5307 Funds, and also are the public agencies eligible to become the designated recipients for JARC and New Freedom Program Funds. Both agencies will be responsible for soliciting for local projects identified in their individual, adopted Coordinated Public Transit -Human Services Transportation Plans and for monitoring sub -recipients consistent with FTA grant requirements. On January 27, 2009, the St. Lucie County Board of County Commissioners approved a staff request to apply for FTA designation and on March 17, 2009, the Martin County Board of County Commissioners approved a staff request for FTA designation. It is our understanding that the Governor's office determines whether more than one entity within one urbanized area can receive these funds. If the Governor designates both Martin and St. Lucie Board of County Commissioners as recipients, for the Port St. Lucie UZA, the JARC and New Freedom funds are requested to be split based on the 38/62 formula established by FDOT for the distribution of FTA Section 5307 funds. Should you have any questions or require additional information regarding the above -referenced designation request, please feel free to contact Beth Ryder, St. Lucie County Community Transportation Coordinator, at (772) 462-1777 or rvderb .stlucieco.org or Ann Perrotta, Martin MPO Director, at (772) 772-288-5484 apgmg9@Lnartin.f1.us Sincerely, (Zi�.) Z - Paula A. Lewis St. Lucie County BOCC Chair v Susan L. Valliere Martin County BOCC Chair Ms. Nancy A. Ziegler, Florida Department of Transportation Pg. 2 Enclosures c: Peter Buchwald, St. Lucie TPO Executive Director Marceia Lathou, St. Lucie TPO Senior Planner Lisa Sanders, Martin MPO Transit Planner Corine Williams, St. Lucie County Transit Manager I AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport ITEM NO. VI-E DATE: April 21, 2009 REGULAR( ) PUBLIC HEARING ( ) CONSENT(X) PRESENTED BY: Diana Lewis, Director SUBJECT: Membership addition to Airport Master Plan Technical Advisory Committee (TAC) BACKGROUND: See attached memorandum,. FUNDS AVAILABLE: Not applicable PREVIOUS ACTION: October 28, 2008 - Board approved Resolution 08-330 establishing the membership of the TAC. RECOMMENDATION: Board approval of Resolution 09-135 amending the membership of the Airport Master Plan Technical Advisory Committee to include Peter Buchwald, Transportation Planning Organization Executive Director, and authorization of the Chair or designee to sign. COMMISSION ACTION: APPROVED ( ) DENIED O OTHER Approved 5-0 Coordination/Signatures County Attorney ( ) f 4 Mgt. & Budget ( ) Heather Young Patty Marston/Marie Gouin Originating Dept. f�ewis Other( ) Finance: (check for copy, only if applicable) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Purchasing( ) Other( ) 5 BOARD OF COUNTY COMMISSIONERS MEMORANDUM To: Board of County Commissioners From: Diana Lewis, Airport Direct Date: April 8, 2009 AIRPORT Diana Lewis, Director Re: Membership addition to Airport Master Plan Technical Advisory Committee (TAC) Background On October 28, 2008, the Board approved Resolution 08-330 establishing a 14-member TAC to review Airport Master Plan working papers, provide input and make recommendations to the Board. The members of the TAC include representatives from each of the Commissioners and each of the municipalities, representatives from the Federal Aviation Administration and Florida Department of Transportation, and representatives from airport tenants, the Chamber of Commerce and an environmental organization. On April 1, 2009, the St. Lucie County Transportation Planning Organization (TPO) voted to appoint TPO Executive Director, Peter Buchwald, to serve on the TAC. Resolution 09-135 amends the membership of the TAC to include the appointed TPO representative, Peter Buchwald. Recommendation Board approval of Resolution 09-135 amending the membership of the Airport Master Plan Technical Advisory Committee to include Peter Buchwald, Transportation Planning Organization Executive Director, and authorization of the Chair or designee to sign. RESOLUTION NO. 09-135 A RESOLUTION AMENDING RESOLUTION NO. 08-330 TO ADD THE ST. LUCIE METROPOLITAN PLANNING ORGANIZATION EXECUTIVE DIRECTOR TO THE MEMBERS OF THE AIRPORT MASTER PLAN UPDATE TECHNICAL ADVISORY COMMITTEE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: 1. The County has initiated an update of the Airport Master Plan for the St. Lucie County International Airport. 2. Public participation plays a vital role in the airport master planning process and is required by the Federal Aviation Administration and the Florida Department of Transportation. 3. On October 28, 2008, this Board adopted Resolution No. 08-330 which the Airport Master Plan Update Technical Advisory Committee to insure public input during the update of the Airport Master Plan; and, 4. The St. Lucie Transportation Planning Organization has requested that its Executive Director be added to the membership of the Airport Master Plan Update Technical Advisory Committee. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. Resolution No. 08-330 is hereby amended by amending Paragraph 3 to read as follows: 3. The Committee shall consist of feupt„en ""` fifteen (15) members who shall be appointed as follows: a. Each Board member shall appoint one (1) member to serve on the Committee. b. The City of Fort Pierce, the City of Port St. Lucie, and St. Lucie Village shall each appoint one member. C. The Federal Aviation Administration and the Florida Department of Transportation shall each appoint one member. d. Each of the Fixed Base Operators on the Airport shall each appoint one member. e. St. Lucie County Chamber of Commerce, Inc. shall appoint one member. f. An environmental organization designated by the Board shall appoint one member. g St. Lucie Transportation Planning Organization shall appoint its Executive Director to serve on the Committee. 2. Except as amended herein, all other terms and conditions of Resolution No. 08-330 shall remain in full force and effect. After motion and second the vote on this resolution was as follows: Chair Paula A. Lewis XX Vice -Chair Charles Grande XX Commissioner Doug Coward XX Commissioner Chris Craft XX Commissioner Chris Dzadovsky XX PASSED AND DULY ADOPTED this XX day of XX, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY g Aatty\reso Itn\2009 \09-135.doc timing, and phasing of future St. Lucie Transportation Planr long-range, orderly direction Airport. In addition, the TPO safe, efficient, economical, facility. ��►� s Transportation ZK� VZY • ST. LUCIE URBAN AREA April 6, 2009 Ms. Diana D. Lewis, AAE Airport Director St. Lucie County International Airport 3000 Curtis King Boulevard Fort Pierce, Florida 34946 Re: Request for Membership Airport Master Plan Update Technical Advisory Committee Dear Ms. Lewis: Responsible for preparing short and long-range plans which identify the need, transportation improvements in St. Lucie County, the ing Organization (TPO) supports the identification of a 'or development of the St. Lucie County International recognizes the need for such development to yield a and environmentally -acceptable air transportation Therefore, consistent with its responsibilities, the TPO respectfully requests membership on the Technical Advisory Committee (TAC) for the Airport Master Plan Update which will identify the direction for development of the Airport. At its meeting on April 1, 2009, the TPO Board unanimously nominated the TPO Executive Director, Peter Buchwald, to serve as the TPO's representative on the TAC. We look forward to participating in this cooperative and comprehensive planning effort for the Airport. Please contact me at (772) 462-1451 or Peter Buchwald at (772) 462-1593 should you require any additional information or clarification. Sincerel Commissi er Charles Grande Chairman, St. Lucie TPO cc: St. Lucie TPO Board Members Faye W. Outlaw, St. Lucie County Administrator Peter Buchwald, St. Lucie TPO Executive Director Transportation Planning for Ft. Pierce, Port St. Lucie, St. Lucie Village and St. Lucie County 2300 Virginio Avenue Telephone: 772/462-1593 Ft. Pierce, FL 34982-5652 Focsimile: 772/462-2549 0 ITEM NO. VI - F DATE: 04/21/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: St. Lucie County Sheriff's Office Sheriff's Office SUBJECT: Request for authorization to submit an electronic application for the State Criminal Alien Grant 2009. BACKGROUND: St. Lucie County Sheriffs Office is requesting permission to submit an electronic grant application to participate in the 2009 State Criminal Alien Assistance Program (SCARP) offered annually by the US Department of Justice, Bureau of Justice Assistance (USDOJ/BJA). SCAAP is a retroactive reimbursement grant awarded to localities that had to incarcerate undocumented criminal aliens. The actual allocation will be calculated by USDOJ/BJA based on the number of detained aliens in the past year. FUNDS AVAILABLE: N/A PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board of County Commissioners approve electronic submission of the 2009 State Criminal Alien Grant application, and authorize the County Administrator to sign the application. COMMISSION ACTION: APPROVED () DENIED (} OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/5ia;ari es County Attorney f14 DU Mgmt & Budget Purchasing � 1) I McIntyre Sophia Holt Gouin Other Other Finance (J for copy only if applicable) or MEMORANDUM TO: St. Lucie County Board of County Commissioners FROM: Sheriff Ken J. Mascara DATE: April 13, 2009 RE: Permission to apply for the 2009 State Criminal Alien Assistance Program (SCAAP) Grant St. Lucie County Sheriff's Office is requesting authorization to submit a 2009 State Criminal Alien Assistance Program (SCAAP) grant to the US Department of Justice, Bureau of Justice Assistance (USDOJ/BJA). S.C.A.A.P. is a retroactive reimbursement grant awarded to localities that had to incarcerate undocumented criminal aliens. The actual allocation will be calculated by USDOJ/BJA based on the number of detained aliens in the past year. cc: Chief Gary Wilson Toby Long, Director of Finance Major Pat Tighe Page 1 of 2 William Simon From: Pat Tighe Sent: Wednesday, April 08, 2009 3:09 PM To: Trevor Morganti; James B. Back Cc: William Simon; Debra Wright; Toby Long Subject: FW: FY 2009 SCAAP Application Announcement Trevor/James, Please see the e-mail below regarding the application for the SCAPP Grant. The application opens April 6, 2009 and the deadline is May 12, 2009. Please make arrangements to forward the appropriate reports from our JMS System and forward to William Simon. Please copy Debra Wright on all correspondence. Thanks in advance. Major Patrick Tighe From: SCAAP [mailto:SCAAP@usdoj.gov] Sent: Monday, April 06, 2009 5:01 PM To: SCAAP Subject: FY 2009 SCAAP Application Announcement Dear SCAAP Participant: The State Criminal Alien Assistance Program (SCAAP) provides federal payments to states and localities that incurred correctional officer salary costs for incarcerating certain undocumented criminal aliens. The Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice administers SCAAP. The OJP Grants Management System (GMS) will open on Monday, April 6, 2009 to accept applications for FY 2009 funds. All applications must be submitted electronically at https://grants oip usdoi gov/. Please review the following information before beginning your SCAAP application: Reporting Period The FY 2009 reporting period for inmate and salary cost data is July 1, 2007 - June 30, 2008. CEO SCAAP payments must go directly to eligible states and localities. Authorized jurisdiction employees for SCAAP purposes must be listed as either the Authorized Representative or Alternate Contact in the GMS User Profile. The chief executive officer (CEO) of an eligible jurisdiction may apply directly or delegate authority to another jurisdiction official. The CEO is generally considered the highest ranking elected or appointed official of a unit of government. An application without the CEO information included will be significantly delayed. Costs Salary cost data must be actual dollar amounts paid for correctional officers salaries during the reporting period. Inmate Data You may include undocumented criminal aliens that meet the SCAAP eligibility criteria and were incarcerated for four or more consecutive days during the 12-month reporting period. Inmate data will be reviewed by the U.S. Department of Homeland Security (DHS). Payments SCAAP payments are calculated simultaneously, with applicants receiving a prorated payment based on 4/13/2009 Page 2 of 2 the appropriation; costs submitted, and inmates as determined by DHS. All SCAAP payments are made electronically to the applicants bank account of record identified during the application process. All SCAAP payments must go to the jurisdiction's general fund. The jurisdiction's EIN (tax identification) and vendor number must be used when applying for SCAAP funds. Deadline The deadline for submitting all completed SCAAP applications is Tuesday, May 12, 2009 at 6:00 p.m. (e.s.t.). New SCARP Program Requirement Based on new requirements included in the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Pub. L.. 109-162), all FY 2007 through 2009 SCAAP funds must be used for correctional purposes only. FY 2009 awardees will be required, during the award acceptance process, to provide basic information on how the funds will be expended for correctional purposes. Guidance Guidance for SCAAP is available at http://www.ojp.usdoi.gov/BJA/grant/2009 SCAAP Guidelines.pdf Customer Service Grants Management System Login Issues and Password Resets: 1-888-549-9901 Option 2 GMS Helpdesk: gmshelp oip.usdoi.gov BJA remains dedicated to assisting all customers with any technical or programmatic questions they might have. The SCAAP Support Desk can be contacted at 1-202-353-4411 or by email at SCAAPCcD_usdoi.Qov. Sincerely, Payments Programs Team Bureau of Justice Assistance Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. 4/13/2009 Page 1 of 2 eCivis Grant Detail 0411312009 Provided for: William Simon of SAINT LUCIE Grant Title: State Criminal Alien Assistance Program (SCAAP) -FY 2009 Grant #: US0768I Type: Federal App Due: OS/12/2009 Agency: U.S. Department of Justice Solicitation Date: 04/06/2009 Office: Bureau of Justice Assistance (BJA) Relevance: 2 CFDA: 16.606 Multipart Grant: No Match Required: No Actual Funds: Unspecified Summary: The purpose of this program is to support public agencies with the correctional officer salary costs of detaining undocumented criminal aliens. State and local correctional facilities are reimbursed for the correctional officer salary costs they incur for the Imprisonment of undocumented criminal aliens charged or convicted of at least one felony or two misdemeanor offenses and incarcerated for at least four consecutive days. Costs for inmates temporarily held while waiting to be released are eligible for reimbursement through this program. All pre-trial and post -conviction time may be included. Concurrent time served by eligible inmates housed In the applicant's facility on qualifying charges or convictions from multiple jurisdictions may be reported by each of those jurisdictions. Awarded funds must be used for correctional purposes only and may Include: • Correctional officer general salary costs • Overtime costs • Corrections work force recruitment and retention • Construction of correctional facilities • Pre-release/reentry programs • Medical and mental health services Keywords: (Click on a keyword link to search grants with the same keyword) j 16.606, DO], BJA, SCAAP, crime prevention, criminal justice, immigrant, foreign, lbreigner, convict, police, green card, illegal alien, jail, holding cell, cell, police department, orison, inmate, trial, legal, immigration, correction, county Jail, city jail, state jail, border, druq runner, mule, illegal immigration, illegal immigrant � Categories: Domestic Prep./Homeland Security; Human Services; Justice, Prevention/Correction/Rehab; Law Enforcement Financial Match Required: No Actual Funds: Unspecified Match Notes: There are no stated matching requirements for this program. Funding Notes: There is an unspecified amount of funding available for this program. For FY 2009, the program will reimburse eligible jurisdictions for costs incurred during the period between July 1, 2007, and June 30, 2008. Payments are calculated using a formula that provides a relative share of funding to jurisdictions that apply and is based on the number of eligible criminal aliens. The payment ration varies from year to year but equaled 41.98 percent in FY 2007. Per diem costs (calculated by dividing total inmate days by total costs) cannot be excessive. The average per diem cost was $30.30 in FY 2007. Costs associated with inmates being held on federal charges, convictions, or detalners that are already covered by another cost reimbursement agreement are not eligible for funding through this program. In FY 2008, this program awarded $386,215,610 to applicants from all 50 states. For FY 2005, a total of 758 applications were submitted with $287,143,095 awarded. In FY 2004, this program awarded a total of $281,605,282. See the Award file in the Files section for additional award information. Eligibility/Application Eligibility Notes: States and local governments with authority over correctional facilities that incarcerate or detain undocumented criminal aliens for at least four consecutive days are eligible to apply. Regional jails, special jail districts, or regional jail authorities and boards are not eligible to apply if they are not political subdivisions of the state. Each unit of Eligible Applicants: Local Government Native American Tribe State Government http://gn.ecivis.com/GO/r grantDetail/SEARCIM/AOCFAAAC-F32F-700B-05B326E68... 4/13/2009 Page 2 of 2 government that houses inmates at such a facility should apply individually. In addition, regional facilities may not submit applications on behalf of jurisdictions in the service area. Eligible inmates are those who were: • Born outside the United States or one of its territories and had no reported or documented claim to U.S. citizenship • In the applicant's custody for four or more consecutive days during the reporting period • Convicted of a felony or second misdemeanor for violation of state or local law • Identified and reported using due diligence Previous award recipients include Maricopa County, Arizona; Los Angeles County, California; and Collier County, Florida. See the Award file attached to the Files section for additional award recipient information. Application Notes: Applications must be submitted by 8:00 p.m. ET on May 12, 2009. Applications must be submitted online through the Office of Justice Program's Grants Management System (GMS) at grants. oip.usdoi.gov. Applications must be filed in the name of the state or local government and must include the jurisdiction's CEO's name, official title, and I email address. The following are required in order to submit an application: • DUNS (Data Universal Numbering System) number • CCR (Central Contractor Registry) registration All federal applications must have a DUNS number, obtainable by calling (866) 705-5711 or accessing www.dnb.com/us. Applicants should verify or renew CCR registration status at www.bon.aov/ccr/scHPts/indexconfirm.asp. The NOFA file attached to the Files section contains additional application Information. Contact: Program Staff scaap( usdoj,gov Mailing Address: Bureau of Justice Assistance 810 Seventh Street, NW Washington, DC 20531 Downloadable Pre -Award Files: NOFA File: US0758 NOFA FY2009.odf OTHER File: US0758 ICECountvCodes FY2009.pdf, US0758 In mateData Elements FY2009.ndf Downloadable Post -Award Files: Award File: US0758 Award FY2009.odf AL et ♦ 1 S ctrnnvna the u►or you +ricw waer� Contact Notes: Direct all questions to the program staff. Applications must be submitted online at grants.oio.usdoi.aov. The address provided is for informational purposes only. File Notes: The NOFA file contains detailed program and application information. The InmateDataElements file contains the FY 2009 SCAAP Inmate Data Elements. The ICECountryCodes file contains the FY 2009 ICE country codes. The Award file contains information on awardees from FY 2008. Copyright 2009. eChris, Inc. All rights reserved. The information may be reproduced, displayed, distributed, and stored only for internal use within the eCivis Grants Network account holler organization (Customer). Notwithstanding the torgoing, no part of this eCivis Grant Detail may be reproduced, displayed, distributed, stored, modified or reused, in any form, for any other purpose without the prior written permission of eCMs, Inc. Registered Trademark and Service Mark statement eCivis, eCivis Grants Network, and eCivis Grant Detail are trademarks of eCKU, Inc. http://gn.ecivis.com/GO/r_,grantDetaiUSEARCHID/AOCFAAAC F32F-700B-05B326E68... 4/13/2009 Agenda Request Item Number VII-A Meeting Date: 04/21/09 Consent ( ] Regular [ ] Public Hearing ( X ] Leg. [ ] Quasi -JD [ X ] To: Board of County Commissioners Presented By Submitted By: Growth Management Department Mark Satterlee, AICP Growth Management Director SUBJECT: Adoption of Comprehensive Plan Amendment, Cassens White City Grove. BACKGROUND: N/A FUNDS AVAILABLE: N/A PREVIOUS ACTION: March 3, 2009 - Board granted a continuance of the adoption hearing for the 2009-1 Comprehensive Plan Amendment Cycle until April 21, 2009. January 5, 2009 - Growth Management Department received the Department of Community Affairs Objections, Recommendations and Comments (ORC) report. October 7, 2008 - Board voted unanimously to transmit to DCA Ordinance No. 09-006 formerly known as Ordinance No. 08-030, Cassens White City Grove. September 9, 2008 - Planning and Zoning Commission (Local Planning Agency) voted unanimously to recommend adoption and transmittal for Ordinance No. 09-006 formerly known as Ordinance No. 08-030, Cassens White City Grove. -COMMENDATION: Board adoption of Ordinance No. 09-006, Cassens White City Grove, Comprehensive �r Plan Amendment. COMMISSION ACTION: CONCURRENCE: APPROVED DENIED 71 OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator County Attorney Daniel S. McIntyre County Enqineer: Michael Powley Coordination/ Signatures E.R.D.: Other: Amy Mott County Other: Ron Harris Form No. 07-07 Cassens White City Grove Comprehensive Plan 09-1 Amendment Cycle Board of County Commissioners Adoption Hearing April 21, 2009 Commission Review: April 21, 2009 GROWTH MANAGEMENT DEPARTMENT Long Range Planning MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Growth Management Directo­r�&_ FROM: Britton Wilson, Senior Long Range Planner 6 o DATE: April 7, 2009 SUBJECT: Adoption of Comprehensive Plan Cycle 09-1, Cassens White City Grove Background On March 3, 2009 the Board of County Commissioners granted a continuance of the adoption hearing for the 09-1 Comprehensive Plan Amendment Cycle, Cassens White City Grove, until April 21, 2009. A summary of the project is provided in Attachment A. A continuance was necessary to properly review and comply with the Department of Community Affair's (DCA) issued Objections, Recommendations, and Comments (ORC) report. The two objections made by DCA have been addressed as stated below: 1. Objection: The County has not demonstrated that it has an adequate supply of water to meet current and future water supply needs, including water supply to serve the proposed land use change, because the County has not adopted its 10-Year Water Supply Facilities Work Plan as required by Section 163.3177 (6) (c), F. S. Response: St. Lucie County adopted its 10-Year Water Supply Facilities Work Plan on December 2, 2008 thereby meeting the requirements of this objection. 2. Objection: The amendment package includes a new Figure 1-7m which illustrates the subject property and contains the site specific development limitations for the property. The language limits industrial uses to 310,800 square feet of gross building area, and allows Commercial (COM) uses ancillary to Industrial (IND) uses. Although the data and analysis submitted in support of this amendment evaluated public facilities impacts based on the industrial development of the site, the public facility analysis did not include an assessment of the commercial development that would be allowed on the site. The Mixed Use Development (MXD) future land use designation allows up to 1.0 Floor Area Ratio (FAR) for Commercial development in High Intensity Development areas. The County has not adequately demonstrated the availability of public facilities based on the maximum development potential of the property. Memo: Comprehensive Plan Cycle 09-1 Page 1 of 3 The amendment package has not demonstrated that adequate water and wastewater facilities exist to serve the property based upon the maximum development potential. The amendment package contains a letter from Ft. Pierce Utilities stating that the Utilities would serve the site, but the amendment has not demonstrated that the Utilities have adequate potable water supply and potable water and wastewater treatment capacities to serve the amendment property. Additionally, though the amendment package contains a transportation analysis, the transportation analysis is not based on the maximum development potential of the property, because it does not include the commercial development. If the data and analysis determines that capital improvements will be needed in the next five years to meet the County's water supply, then those capital improvements must be included in a financially feasible five year schedule of capital improvements. To be financially feasible, projects in the first three years of the schedule of capital improvements must be funded by committed or planned revenue sources. Response: St. Lucie County adopted its 10-Year Water Supply Facilities Work Plan and no capital improvements are needed to meet the needs of this project. The Fort Pierce Utilities Authority has confirmed in their letter that there currently is sufficient water supply and water treatment capacity available and the supporting infrastructure is already present on Midway and Selvitz Roads. The Mixed Use Activity Area Language has been updated to conform to the existing Comprehensive Plan MXD map series and to remove any ambiguity of the allowable FAR by specifically identifying the intensity as medium. To resolve the objection above, the ancillary COM designation has been removed, therefore the IND designation, of which the analysis was based on, is the maximum development potential of this site. Attached as an exhibit to this memo is Figure 1-7m with the updated language shown in strike through and underline format that reads as follows: "The Specific Use Area within this medium intensity Mixed Use Activity Area see standards in Policy 1.1.7.4) is restricted in use to the equivalent of the AAA-aad IND Land Use designation as described in the Future Land Use Element unless otherwise amended through the Comprehensive Plan Amendment process. fPl9 use shall be limited to 319,99Q squaFe feet Gf qpes6 buildiRg aFea; 12GAA uses The IND use shall be limited to a maximum FAR of 0.18752. Development of this site shall be approved through the Planned Non -Residential Development process, and shall include appropriate open space and buffers adjacent to residential uses and environmental conditions. Access to development shall be provided from the west via Favorite Road." Recommendation Staff recommends that the Board adopt Ordinance No. 09-006, Cassens White City Grove, Comprehensive Plan Amendment. Memo: Comprehensive Plan Cycle 09-1 Page 2 of 3 0 Attachment A APPLICANT: Steve Cassens, Owner AGENT: Terry L. Virta, AICP REQUESTED ACTION: Future Land Use Map Amendment from RS (Residential Suburban) to MXD (Mixed Use Development — medium intensity) with a Specific Use Area, text amendment adding Figure 1-7m for the proposed MXD area and rovidin sub -area policy language. PURPOSE: The owner has requested this amendment so that the property reflects land uses surrounding and abutting the property. LOCATION: Northwest quadrant of West Midway Road and Selvitz Road, on the north side of Favorite Road. PARCEL SIZE: 38.05 acres 38.05 X 43,560 sq ft = 1,657,458 totalsquare feet EXISTING USE: Citrus grove ZONING: AR-1 (Agricultural Residential — 1, 1 du/acre FUTURE LAND USE: RS (Residential Suburban — 2 du/acre) PROPOSED USE: The application states that "Land is intended to remain in Citrus for the foreseeable future. At the point of development the intent is to use it for industrial purposes utilizing the Planned Development — Industrial zoning processes.,, PROPOSED ZONING: A change in zoning is not proposed at this time; the current zoning of AR-1 will remain. Sub -Area policy language proposed as part of the MXD Specific Use Area requires that the property rezone to PNRD (Planned Non -Residential Development) at the time of development. PROPOSED FUTURE LAND USE: MXD (Mixed Use Development) — medium intensity, which for Industrial is a Floor Area Ratio (FAR) of 0.25 (total square footage X 0.25 = 1,657,458 X 0.25 = 414,365 square feet of permitted building area) with a designated Specific Use Area limiting it to IND with a FAR of 0.18752 (1,657,458 X 0.18752 = 310,800 square feet, 103,565 square feet less then allowable by the Comprehensive Plan). Memo: Comprehensive Plan Cycle 09-1 Page 3 of 3 %UW Comprehensive Plan Amendment Cycle 09-1 "Cassens White City Grove" Staff Analysis and Recommendation APPLICANT: Steve Cassens, Owner AGENT: Terry L. Virta, AICP REQUESTED ACTION: Future Land Use Map Amendment from IRS (Residential Suburban) to MXD (Mixed Use Development — medium intensity) with a Specific Use Area, text amendment adding Figure 1-7m for the proposed MXD area and providing sub -area policy language. PURPOSE: The owner has requested this amendment so that the property reflects land uses surrounding and abutting the property. LOCATION: Northwest quadrant of West Midway Road and Selvitz Road, on the north side of Favorite Road. PARCEL SIZE: 38.05 acres 38.05 X 43,560 sq ft = 1,657,458 totalsquare feet EXISTING USE: Citrus grove ZONING: AR-1 (Agricultural Residential — 1, 1 du/acre FUTURE LAND USE: RS (Residential Suburban — 2 du/acre) PROPOSED USE: The application states that "Land is intended to remain in Citrus for the foreseeable future. At the point of development the intent is to use it for industrial purposes utilizing the Planned Development — Industrial zoning processes." PROPOSED ZONING: A change in zoning is not proposed at this time; the current zoning of AR-1 will remain. Sub -Area policy language proposed as part of the MXD Specific Use Area requires that the property rezone to PNRD (Planned Non -Residential Development) at the time of development. PROPOSED FUTURE LAND USE: MXD (Mixed Use Development) — medium intensity, which for Industrial is a Floor Area Ratio (FAR) of 0.25 (total square footage X 0.25 = 1,657,458 X 0.25 = 414,365 square feet of permitted building area) with a designated Specific Use Area limiting it to IND with a FAR of 0.18752 (1,657,458 X 0.18752 = 310,800 square feet, 103,565 square feet less then allowable by the Comprehensive Plan). REVISED STAFF ANALYSIS Current Zoning: The current zoning of this property, as well as most of the residential parcels to the east along Selvitz Road, is AR-1 (Agricultural Residential — 1). Section 3.01.03.E provides the following guidance for development in this zoning district: The purpose of this district is to provide and protect an environment suitable for single- family dwellings at a maximum density of one (1) dwelling unit per gross acre, together with such other uses as may be necessary for and compatible with very low density rural residential surroundings. Vao Under its current zoning the property could be divided into 1-acre lots for up to 38 single-family residences, though the ultimate lot yield would be lower as some acreage would be used for streets to access these lots. Given the RS Future Land Use that provides for a development potential of up to two dwelling units per acre, the applicant could also propose to rezone the property to RE-2 (Residential, Estate — 2), RS-2 (Residential, Single Family — 2) or PUD (Planned Unit Development) and develop up to 76 single family units. Should the requested Future Land Use designation of medium intensity MXD Specific Use Area be granted, at the time of development the property would be required to rezone to the PNRD (Planned Non -Residential Development) zoning district. Future Land Uses and intensities would be limited by the Sub -Area policy language. The subject property is situated in an area commonly known as "Midway Industrial Park" and all of the property to the west towards and past 1-95 is zoned for Industrial Heavy (IH). All of the property to the north is zoned for Industrial Heavy or Industrial Light and is partly contained in the municipal boundary of the City of Fort Pierce and partly in unincorporated St. Lucie County. Current Future Land Use: The Future Land Use of the property is currently Residential Suburban (RS), which "is intended to act as a transitional area between the agricultural areas and the more intense residential areas in the eastern portion of the County... The RS designation is intended for large lot, single- family detached residential dwellings, at a density of one to two units per gross acre." Given that the subject property is located in an area generally known as "Midway Industrial Park" and industrial and institutional uses exist or will be developed on the north, south and west side of the subject property, it is staffs assessment that the proposed IND designation within the MXD Future Land Use designation is suitable for the subject property. The proposed medium intensity MXD Future Land Use will allow development listed in the concurrent Sub -Area policy text amendments proposed by the applicant. To be clear that only industrial development will be permitted on the site and will be of an intensity less than the 0.25 FAR designated by medium MXD (a build out of 414,365 square feet for the subject property), staff has revised the applicant's proposed sub -area policy language to read as follows: • The Specific Use Area within this medium intensity Mixed Use Activity Area (see standards in Policy 1.1.7.4) is restricted in use to the equivalent of the IND Land Use designation as described in the Future Land Use Element unless otherwise amended through the Comprehensive Plan Amendment process. The IND use shall be limited to a maximum FAR of 0.18752. Development on this site shall be approved through the Planned Non - Residential Development process, and shall include appropriate open space and buffers adjacent to residential uses and environmental conditions. Access to development shall be provided from the west via Favorite Road. Staff Report: Comprehensive Plan Amendment Cycle 09-1 Page 2 of 5 April 21, 2009 Compliance with the Comprehensive Plan: 1104" The analysis staff conducted indicates that a MXD land use in this area is consistent with the St. Lucie County Comprehensive Plan. In staffs assessment, the area of this parcel meets the criteria outlined in the following Comprehensive Plan language: The intent of the Mixed Use Development (MXD) designation is to identify those areas where innovative land use concepts are encouraged. Application of this district should be with prudence, and should be only to those areas where traditional land use classifications do not afford the desired flexibility and community input in land use planning necessary to address local concerns. Candidates for this district include all 1-95 interchange areas, the St. Lucie County International Airport, Community Development Districts created pursuant to Chapter 190, Florida Statutes and areas of special or unique environmental consideration that may not be appropriate for traditional land use designations. The PNRD process would not be required if the property were to have a traditional Industrial Future Land Use designation. The proposed MXD Future Land Use Designation with Specific Use Area language limiting it to IND is considered a beneficial land use as it requires the applicant to pursue the PNRD process upon development and include a minimum 35% open space. The PNRD process will also afford the desired flexibility in providing for proper buffering of the unique environmentally sensitive lands to the south and the residential homes to the east. Most importantly, the PNRD process will allow a greater opportunity for input from the surrounding neighborhoods and community for addressing their needs at the time of site plan approval. %41' The Floor Area Ratio or FAR for medium -intensity IND within the MXD Land Use designation is identified by the Comprehensive Plan as allowing up to a 0.25 FAR, which for the subject property would result in 414,365 square feet of permitted building area. The Specific Use Area language further limits the subject property to a FAR of 0.18752 resulting in a maximum of 310,800 square feet of permitted building area. This reduction of over 100,000 square feet in permitted building area is more than consistent with the Comprehensive Plan resulting in a less intense use, which will further provide for greater compatibility to the residential uses to the east and the environmentally sensitive areas to the south. Compliance with State Statutes and the State Comprehensive Plan: Staff has reviewed the proposed Future Land Use Map Amendment against the standards provided in Rule 9J-5.006(5), Review of Plans and Plan Amendments for Discouraging the Proliferation of Urban Sprawl, of the Florida Administrative Code. The County currently has over 1,500 acres of undeveloped industrial land within the Urban Service Area. It could be argued that "projected growth trends over the planning period" (9J- 5.006(5)(i)6) do not warrant additional industrial land in St. Lucie County at this time, however, addition of acreage in this area will result in a small increase in the amount of undeveloped acreage. In staffs analysis, other aspects of the evaluation of land uses (9J-5.006(5)(h)), including the location, functional relationship and existing pattern of development in this particular area of the County, help support the proposed amendment. �" Staff Report: Comprehensive Plan Amendment Cycle 09-1 Page 3 of 5 April 21, 2009 Staff finds that the proposed amendment is consistent with the relevant provisions of the state and regional plans, rules and statutes and does not trigger any primary indicators for the proliferation of urban sprawl. Compatibility with Existing Neighborhood: The subject property is located in an area generally known as "Midway Industrial Park." Much of the surrounding area is either Heavy or Light Industrial. As such, an MXD Future Land Use restricted to IND would be considered compatible with the particular zoning of those neighboring parcels. With buffering appropriate to the specific intensity of proposed uses, a MXD Future Land Use restricted to IND could also be compatible with the existing low -density residential condition to the east and environmentally sensitive lands to the south. Sub -area policy language proposed with the MXD land use designation requires that a future site plan occur as a PNRD, providing a more stringent review process with greater public participation where the appropriate buffering conditions will be identified and required. Environmentally Sensitive Areas: According to the applicant, the site has been in active citrus production for decades and there is no indication of environmentally sensitive areas on site. At the time of development, appropriate buffering will be required along the southern edge of the property adjacent to the environmentally sensitive areas to the south. Natural Hazards: No natural hazards exist intrinsic to this site. The subject parcel is located in Zone X, outside the 500-year flood plain (FEMA Flood Insurance Rate Map Number 12111 C0188 F). 4 Historical Archeological Sites: No significant historical or archeological sites are known to exist on site. The two closest historical sites are concrete block homes approximately one mile away. Both were constructed in the mid-1950s and do not appear to be eligible for the local or national register. Transportation Impacts: In staffs review of the traffic analysis, the proposed land use change would result in an increase of an estimated 244 vehicle trips and 71 p.m. peak hour trips based upon anticipated site development trip generation. These additional trips will be assigned to Midway Road between Selvitz Road and the Florida Turnpike as a direct connection primary facility and to Midway Road between 25th Street and US1 as a secondary distribution facility. Both segments of Midway Road are operating at a current LOS "F" condition. The traffic generated from any future development on the site will have to provide mitigation as part of the development process. Midway Road from Selvitz to the Turnpike has partial funding identified within the County's 5-year Capital Improvement Program for widening from a 2-lane to a 4-lane facility. It does not appear that the identified funding will be sufficient to complete the full reconstruction project, and no construction funding is identified for the portion of Midway Road east of South 25th Street. Staff Report: 14 Comprehensive Plan Amendment Cycle 09-1 Page 4 of 5 April 21, 2009 Regardless of the status of funding or construction at the time of site plan or rezoning application, the applicant will be required to enter into a Proportionate Fair Share Agreement with the County as a means of mitigating traffic impacts for any development of the site. The applicant has submitted a Concurrency Deferral Affidavit to defer the certificate of capacity until the time of proposed development. Parks and Recreation: As the proposed Future Land Use Map Amendment limits future development to non-residential uses, there is no anticipated impact to parks and recreational facilities. Development Requirements: Development is proposed as a Planned Non -Residential Development, all site plan applications shall comply with the St. Lucie County Land Development Code and Comprehensive Plan in order to receive final site plan approval. This will require adequate buffering between any proposed uses on the property and residential uses to the east and environmentally -sensitive lands to the south. Design of appropriate buffers should be based on the intensity of the industrial use as well as the proximity to existing residential buildings or conditions. Staff Comments: The analysis staff conducted indicates that the MXD Specific Use Area is a beneficial land use. It is compatible with the surrounding area and will require the applicant to pursue the PNRD process upon development, which requires greater public input and a minimum of 35% open space. Staff finds that the proposed amendment is consistent with County's Comprehensive Plan, the relevant provisions of the state and regional plans, rules and statutes and does not trigger any primary indicators for the proliferation of urban sprawl. Staff Recommendation: Staff supports amending the Future Land Use designation of the subject parcel to that of the proposed medium -intensity MXD (Mixed Use Development) to include the Specific Use Area designation with associated Sub -Area policy language. Exhibits: Exhibit A Maps Location, Zoning, Future Land Use, aerial, Comprehensive Plan draft Figure 1-7m Exhibit B Zoning Districts Existing Zoning: 3.01.03.E, AR-1 (Agricultural, Residential-1) Proposed Zoning: 3.01.03.CC, PNRD (Planned Non - Residential Development) Exhibit C Comprehensive Relevant excerpts from the St. Lucie County Comprehensive Plan Plan Exhibit D Rule 9J-5 Relevant excerpts from Rule 9J-5.006, Future Land Use Element, Florida Administrative Code Exhibit E Ordinance Draft Ordinance No. 09-006 former) No. 08-030 Exhibit F Motion Su ested motion to approve or den Exhibit G ORC Report Objections, Recommendations, and Comments from the DCA 1%" Staff Report: Comprehensive Plan Amendment Cycle 09-1 Page 5 of 5 April 21, 2009 r. c7 e J OD r N +V v? LL j.je 1 rR Y i • ; � S iT F l I .- vu __ r of i ":i FLU MA-420081453 Petitioner: Steve Cassens (Agent, Terry L. Virta & Associates, Inc) l.: f SPE TY D f � - g •.4 Subject property City of Ft. Pierce 500 ft notification area City of Port St_ Lucie _ N' i.tap prepared �.pril 13. 2009 FLUMA-420081453 zoning Petitioner: Steve Cassens (Agent, Terry L. Virta & Associates, Inc) '! tr,�+ t+4 4� r - 1� n y �-��• r '� •, 1 Y�.i�4�, ti." `.y '"'r ti'� „+ •*' ^`,fir - fro-. ~ ® Subject property ■ ■ 500 ft. notification area City of Ft. Pierce City of Port St. Lucie SLC Zoning AR-1 -Agricultural Residential (1 du/ac) CN - Commercial Neighborhood I - Institutional IH - Ind-Rustrial Heavy RS-2 esidential Single Family (2 du/ac) U - Utilities Ft. Pierce Zoning 11 - Light Industrial OS-1 - Open Space Recreation 1 ■ ■ RSr2 PSL Zoning RS-2 - Single Family Residential S orAfxanggn..rst Y7syon,.n.e July 18, 2008 N FLUMA-420081453 Future Land Use Petitioner: Steve Cassens (Agent, Terry L. Virta &Associates, Inc) P/F 4' NS&RDD CANAL NO ioz PE..INE,RD 500 ft. i. FAVORITE RD NPI I >1 LLJ U1 LL LL 0 0 W MIDWAY RD t& Subject property SLC Future Land Use PSL Future Land Use ■ 500 ft. notification area COM - Commercial IND - Industrial P/F - Public Facilities OSC 0 pen Space Conservation RL - Cc'ADensity Residential man City Ft. Pierce RS - Residential Suburban (2 du/ac) T/U - Transportation/Utilities N of St Port . Lucie M Cityof PoLi Ft. Pierce Future Land Use I -Industrial I L nst - Institutional Map prepared July 18, 2008 I 7 7 7 Cassens Figure 1-7m N RS Mixed Use Activity Area Legend The Specific Use Area within this medium intensity Mixed Use Activity Area (see standards in Policy 1.1.7.4) is restricted in use to the equivalent of the GOM aAd Medium IND Land Use designation as described in the Future Land Use Element unless otherwise amended through the Comprehensive Plan Amendment process. NO Municipal limits use shall be limited to 34,900 rquaFe feet GfqFors6building aFeai GQ- A.4 A hall OAly be aRGiIlaFy to IND ursers.-The IND use shall be limited to a maximum 0 150 300 450 600 FAR of 0.18752. Feet Development of this site shall be approved through the Planned Non -Residential This nap was cornpied trom Wonnation d­ Development process, and shall include appropriate open space and buffers to- numerous sources and s pmmded for -ar'eme ard infarrational purposes only No adjacent to residential uses and environmental conditions. Access to warrantim e'loreas a rnpied, areprovided for development shall be provided from the west via Favorite Road. be a.—Y ofthe data herein, is use, or Its jnterpMart— . ........ P/F.............. 0 X LL LL 0 0 CL 7- P/F RS RS COM I Exhibit "B" Zoning Districts Land Development Code Excerpts 0 Zoning Districts Current Zoning District 3.01.03.E. AR-1 AGRICULTURAL, RESIDENTIAL — 1 Purpose The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum density of one (1) dwelling unit per gross acre, together with such other uses as may be necessary for and compatible with very low density rural residential surroundings. The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Family day care homes. (999) b. Family residential homes provided that such homes shall not be located within a radius of one thousand (1000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) C. Single-family detached dwellings. (999) 3. Lot Size Requirements Lot size requirements shall be in accordance with Table 1 in Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Table 1 in Section 7.04.00. 5. Off-street Parking Requirements Off-street parking requirements shall be in accordance with Section 7.06.00. 6. Conditional Uses a. Crop services (072) b. Family residential homes located within a radius of one thousand (1000) feet of another such family residential home. (999) C. Industrial wastewater disposal. (999) d. Kennels - completely enclosed. (0752) e. Landscaping & horticultural services (078) f. Retail: (1) Fruits and Vegetables. (543) g. Riding stables. (7999) h. Veterinary services. (074) 7. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Agriculture (farms and ranches accessory to single-family detached dwelling). (01/02) b. Animals, subject to the requirements of Section 7.10.03. (999) C. Guest house subject to the requirements of Section 7.10.04. (999) d. Retail and wholesale trade - subordinate to the primary authorized use or activity. Proposed Zoning District 3.01.03.CC. PNRD PLANNED NON-RESIDENTIAL DEVELOPMENT (See Section 7.02.00) 7.02.00PLANNED NON-RESIDENTIAL DEVELOPMENT 7.02.01 PURPOSE The Planned Non -Residential Development (PNRD) District is intended to achieve non-residential land development of superior quality through the encouragement of flexibility and creativity in design options that: A. Permit creative approaches to the development of non-residential land reflecting changes in the technology of land development; B. Allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; C. Allow design options that encourage an environment of stable character, compatible with surrounding land uses; and D. Permit the enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities, and the provision of recreation areas and open space. 7.02.02PERMITTED USES The following general guidelines shall be used in determining the permitted use possibilities in any Planned Nonresidential Zoning Development: A. For properties located in any Residential or Agricultural classified land use area: Any permitted, conditional or accessory use, including any standards, conditions and requirements for those uses, as identified in the Commercial, Neighborhood (CN); Commercial, Office (CO); Institutional (1) Zoning Districts, and in the Agricultural land use classified areas only, any non-residential permitted or accessory use identified in the Agriculture-1 (AG-1), Agricultural-2.5 (AG-2.5), or Agricultural-5 (AG-5) zoning districts of this Code. The general standards, conditions and requirements, as found in this Code, that pertain to conditional and accessory uses shall be used in the determination of the compatibility of the proposed use(s) with the surrounding land uses in the review of the Planned Nonresidential Development. All applications for Planned Nonresidential Development shall include a complete identification of all planned uses and activities. B. For properties located in any Commercial or Industrial classified land use area: Any permitted, conditional or accessory use, including any standards, conditions and requirements for those uses, as identified in the Commercial, Neighborhood (CN); Commercial, Office (CO); Commercial, General (CG); Industrial Light (IL); Industrial Heavy (IH), Utility (U) and (1) Institutional zoning districts, and any non-residential permitted or accessory use identified in the Agriculture-1 (AG-1), Agricultural-2.5 (AG-2.5), or Agricultural-5 (AG-5) zoning districts of this Code. The general standards, conditions and requirements, as found in this Code, that pertain to 1%r conditional and accessory uses shall be used in the determination of the compatibility of the proposed use(s) with the surrounding land uses in the review of the Planned Nonresidential Development. All applications for Planned Nonresidential Development shall include a complete identification of all planned uses and activities. 7.02.03STANDARDS AND REQUIREMENTS Standards and requirements for a Planned Non -Residential Development shall be as follows: A. MINIMUM SIZE The minimum lot size requirements for a Planned Non -Residential Development shall be as follows: Any Planned Non -Residential Development in a Residential Land Use classification shall comply with the minimum lot requirements in the Commercial Neighborhood (CN) Zoning District. 2. Any Planned Non -Residential Development in a Commercial, Industrial or Mixed Use Land Use classification shall comply with the minimum lot requirements in the Commercial General (CG) Zoning District. 3. All Planned Non -Residential Development shall be under common ownership or control. B. DIMENSIONAL REQUIREMENTS Dimensional requirements shall be in accordance with Table 7.10 in Section 7.04.01, provided, however, that the Board of County Commissioners may condition approval of a Planned Non -Residential Development upon compliance with more stringent or restrictive dimensional requirements in order to ensure compatibility with surrounding land uses, to mitigate impact on the environment and natural resources, to ensure public safety and to ensure compliance with the St. Lucie County Comprehensive Plan; and, any structure on North or South Hutchinson Island that has not been occupied, constructed, or has not received a building permit, site plan or other County development approval as a permitted use prior to January 10, 1995; the requirements of Section 4.01.00, Hutchinson Island - Building Height Overlay Zone shall apply. REVISED 1/10/95 C. PUBLIC FACILITIES The Planned Non -Residential Development shall be designed and located so there will be no net public cost for the provision of water lines, sewage lines, storm and surface drainage systems, and other utility systems in order to ensure compatibility with surrounding land uses, to mitigate impact on the environment and natural resources, to ensure public safety and to ensure compliance with the St. Lucie County Comprehensive Plan. D. TRAFFIC AND PEDESTRIAN CIRCULATIONError! Bookmark not defined. Every use permitted in a Planned Non -Residential Development shall have access to a public street either directly or through an approved private road, vehicular accessway, a pedestrian way, or other area dedicated to public or private use. 2. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movement and minimum hazards to vehicular or pedestrian traffic. Minor streets within the Planned Non -Residential Development shall not be connected to streets outside the development so as to encourage their use by through traffic. 3. The proposed Planned Non -Residential Development shall be designed so that it will not `111%1,. create traffic congestion on the arterial and collector roads surrounding the project, or such surrounding collector or arterial roads shall be improved so that they will not be adversely affected. 4. Streets in a Planned Non -Residential Development may be dedicated to public use or retained under private ownership. Said streets and associated improvements shall comply with all pertinent County regulations and ordinances. 5. Any pedestrian circulation system and its related walkways shall be insulated from the vehicular street system. 6. Access points on all collector or arterial streets serving a Planned Non -Residential Development shall be located and spaced so that traffic moving into and out of the arterial streets does not cause traffic congestion. E. PARKING AND LOADING General Provisions a. The number, type, and location of parking spaces shall be determined at the time of final Planned Nonresidential Development plan approval. The determination of the number of spaces required shall be based on Section 7.06.02 of this Code. The number of parking spaces required by this section may be reduced based on substantial competent evidence that the reduced number of spaces is adequate for the proposed use or that parking may be shared by proximate uses that operate at different times or on different days. b. Reserved parking spaces may be provided, in lieu of paved spaces, subject to Section 7.06.02(B) (4) of this Code. 2. Off Street Parking and Loading Off-street parking and loading requirements are governed by Sections 7.06.02 and 7.06.03 of this Code, and the following standards: a. Off-street parking and loading areas shall be designed to provide travelways between adjacent uses while discouraging through traffic. b. Off-street parking and loading areas shall be screened from adjacent roads and pedestrian walkways with hedges, dense planting, or changes in grades or walls. 3. On Street Parking In Planned Non -Residential Developments, on street parking may be used so long as the road on which the on -street parking is proposed lies entirely within the limits of the defined Planned Nonresidential Development and such parking would not contravene any other provision of this Code or the St. Lucie County Code of Ordinances. Where such on street parking and loading is used, it shall be consistent with the following design standards: a. The minimum size of a parking stall shall be as follows: parallel 8 feet X 23 feet angled 10 feet X 18 feet handicapped (parallel) 12 feet X 23 feet handicapped (angled) 12 feet X 18 feet b. Handicapped parking spaces shall be appropriately marked. C. Access for emergency fire vehicles shall be in accordance with NFPA standards. d. No more than fifteen (15) parking spaces shall be permitted in a continuous row without being interrupted by a minimum landscape area of 360 square feet. F. LIGHTING All lighting facilities shall be arranged in such a manner so as to prevent direct glare or hazardous interference of any kind to adjoining streets or properties. G. LANDSCAPING AND NATURAL FEATURES Native trees and vegetation and other natural features shall be preserved to the extent practicable. 2. All sensitive environmental vegetation, trees and areas shall be preserved to the extent practicable. 3. Landscaping for off-street parking and loading areas shall meet the minimum requirements of Section 7.09.00. H. OPEN SPACE STANDARDS 1. For development projects of less than ten (10) acres, a minimum of twenty (20) percent of 1.40 the gross area of land to be committed to a Planned Non -Residential Development must be for use as parks, recreation areas, marinas, swimming beaches, open space, planting, or other public purposes other than rights -of -way, utility easements, and parking areas. For development projects of ten (10) acres or more, a minimum of thirty-five (35) percent of the gross area of land to be committed to a Planned Non -Residential Development must be for use as parks, recreation areas, marinas, swimming beaches, open space, planting, or other public purposes other than rights -of -way, utility easements, and parking areas. At the request of the developer, and subject to the approval of the Board of County Commissioners, use of recreational facilities may be offered to the general public. Of the required open space, a minimum of fifteen (15) percent of any remaining native habitat on the property is to be preserved in its natural condition. For each acre of preserved native habitat above the required minimum 15 percent that is preserved in its original state, credit shall be given at a rate of 150 percent per acre towards the remaining open space requirement. Areas that are floodways, lakes, wetlands, and stormwater retention areas may be applied to satisfy the total open space requirement. 2. All land dedicated for open space shall be physically part of the Planned Non -Residential Development. PHASING SIGNS A Planned Non -Residential Development may be developed in more than one (1) stage or phase. If a Final Development Plan approved by the Board of County Commissioners is to be developed in stages or phases, each successive phase shall be constructed and developed in a reasonably continuous fashion. The final stage or phase shall be completed within ten (10) years of the date of final development plan approval. Any extension of the above requirement is subject to approval by the Board of County Commissioners unless otherwise amended by the Board of County Commissioners. Signs within any Planned Non -Residential Development located in a Residential or Agriculturally classified land use area shall comply with the provisions of Chapter 9 applicable to the Commercial Neighborhood (CN) Zoning District; provided, however, that the Board of County Commissioners may condition approval of a Planned Non -Residential Development upon compliance with more stringent sign regulations in order to ensure design consistency throughout the proposed development, to ensure compatibility with surrounding land uses, to ensure public safety and prevent public harm, and to ensure compliance with the St. Lucie County Comprehensive Plan. 2. Signs within any Planned Non -Residential Development located in a commercially or industrially classified Land Use Area shall comply with the provisions of Chapter 9 applicable in the Commercial General (CG), Zoning District; provided, however, that the Board of County Commissioners may condition approval of a Planned Non -Residential Development upon compliance with more stringent sign regulations in order to ensure design consistency throughout the proposed development, to ensure compatibility with surrounding land uses, to ensure public safety and prevent public harm, and to ensure compliance with the St. Lucie County Comprehensive Plan. Exhibit "C" Comprehensive Plan Excerpts Relevant excerpts from the Comprehensive Plan Exisitnq Future Land Use Definition D. RESIDENTIAL SUBURBAN (RS) The Residential Suburban (RS) land use category is intended to act as a transitional area between the agricultural areas and the more intense residential areas in the eastern portion of the County. This category is found predominantly along the western edge of the urban form, but is also appropriate for areas of special environmental concern such as along the North Fork of the St. Lucie River and the Indian River Lagoon, The RS designation is intended for large lot, single-family detached residential dwellings, at a density of one to two units per gross acre. These areas are not required to be served with central utilities, however when at all practical, service connections should be required. Proposed Future Land Use Definition H. MIXED USE DEVELOPMENT (MXD) The intent of the Mixed Use Development (MXD) designation is to identify those areas where innovative land use concepts are encouraged. Application of this district should be with prudence, and should be only to those areas where traditional land use classifications do not afford the desired flexibility and community input in land use planning necessary to address local concerns. Candidates for this district include all 1-95 interchange areas, the St. Lucie County International Airport, Community Development Districts created pursuant to Chapter 190, Florida Statutes and areas of special or unique environmental consideration that may not be appropriate for traditional land use designations. Uses within the areas classified as Mixed Use should be segregated as to intensity and indicated in the form of a concept master plan which is to be included as a part of the land use designation process. The following criteria, in addition to those as cited in Objective 1.1.7, are to be used in the development of Mixed Use areas: • Unless otherwise compliant with the identified intensity classification, any change in zoning shall be to the Planned Unit Development (PUD), Planned Non-residential Development (PNRD) or Mixed Use Development (MXD), as described in the St. Lucie County Land Development Regulations. Those properties with compatible existing zoning designations are encouraged to develop under the PUD, PNRD or MXD regulations. • Residential development shall be regulated by the intensity district in which it is to take place. In no case should gross residential density exceed 15 du/ac. • All uses shall be compatible with internal and external adjacent land uses. MXD Policy Language Policy 1.1.7.4 The following use intensity definitions shall be used for the purpose of this plan for the Mixed Use activity areas: High Intensity development areas may include the following types of land uses; %N, Residential • 5 to 15 du/acres Institutional • 1.5 FAR * Professional Service/Office • 1.5 FAR General Commercial • 1.0 FAR * Public Service/Utility • .5 FAR Industrial • .5 FAR* * FAR = Floor Area Ratio Medium Intensity development areas may include the following types of land uses; Residential • 5 to 9 du/acres Institutional • 1.0 FAR * Professional Service/Office • 1.0 FAR * General Commercial • .75 FAR * Public Service/Utility • .25 FAR * Industrial • .25 FAR * * FAR = Floor Area Ratio 3. Low Intensity development areas may include the following types of uses; Residential • not to exceed 5 du/acres Institutional • .5 FAR * Professional Service/Office • .5 FAR* General Commercial • .5 FAR * *%W Public Service/Utility • .25 FAR * FAR = Floor Area Ratio 4. Specific Use Areas: Areas with special or unique local character may be included within the Mixed Use Designation. These areas, because of conditions unique or peculiar to them alone, have been limited to specific activities and zoning options as set forth in the activity area plans described in Policy 1.1.7.4. Any zoning application not consistent with this policy must be accompanied by a corresponding Comprehensive Plan Amendment indicating the change in intensity classification. Application of the Specific Use Area designation is to be made to those areas recognized by the County as suitable for alternative land use as the full spectrum of community services become available. This designation would serve to prevent the unplanned or premature development of such areas until all services were provided for and are consistent with the Future Land Use development philosophy of St. Lucie County. The terminology used in the Specific Use designation identifies the type of permitted activity, maximum zoning density or maximum zoning intensity. Each Mixed Use Activity area will identify the type of Special Use areas in the legends of each area. Relevant excerpts from Rule 9J-5.006, Florida Administrative Code 9J-5.006 Future Land Use Element. The purpose of the future land use element is the designation of future land use patterns as reflected in the goals, objectives and policies of the local government comprehensive plan elements. Future land use patterns are depicted on the future land use map or map series within the element. (1) Existing Land Use Data Requirements. The element shall be based upon the following data requirements pursuant to subsection 9J-5.005(2), F.A.C. (2) Land Use Analysis Requirements. The element shall be based upon the following analyses which support the comprehensive plan pursuant to subsection 9J-5.005(2), F.A.C. (3) Requirements for Future Land Use Goals, Objectives and Policies. (4) Future Land Use Map. (5) Review of Plans and Plan Amendments for Discouraging the Proliferation of Urban Sprawl. (a) Purpose. The purpose of this subsection is to give guidance to local governments and other interested parties about how to make sure that plans and plan amendments are consistent with relevant provisions of the state comprehensive plan, regional policy plans, Chapter 163, Part II, F.S., and the remainder of this chapter regarding discouraging urban sprawl, including provisions concerning the efficiency of land use, the efficient provision of public facilities and services, the separation of urban and rural land uses, and the protection of agriculture and natural resources. (b) Determination. The determination of whether a plan or plan amendment discourages the proliferation of urban sprawl shall be based upon the standards contained in this subsection. (c) In general. The discouragement of urban sprawl accomplishes many related planning objectives. The purpose of this subsection is to provide a general methodology for examining whether or not a plan or plan amendment discourages the proliferation of urban sprawl. This subsection is organized into twelve paragraphs, paragraphs (5)(a) through (5)(1). Nothing in this paragraph (5) shall be interpreted to require that a local government submit information beyond the information required by other provisions of this chapter. (d) Use of indicators. Paragraph (5)(g) describes those aspects or attributes of a plan or plan amendment which, when present, indicate that the plan or plan amendment may fail to discourage urban sprawl. For purposes of reviewing the plan for discouragement of urban sprawl, an evaluation shall be made whether any of these indicators is present in a plan or plan amendment. If an indicator is present, the extent, amount or frequency of that indicator shall be considered. The presence and potential effects of multiple indicators shall be considered to determine whether they collectively reflect a failure to discourage urban sprawl. (e) Methodology for determining indicators. Paragraphs (5)(h) through (5)(j) describe the three major components of a methodology to determine the presence of urban sprawl indicators. Paragraph (5)(h) describes how land use aspects of a plan shall be analyzed. The land use element, including both the future land use map and associated objectives and policies, represents the focal point of the local government's planning effort. Paragraph (5)(i) describes the unique features and characteristics of I%W each jurisdiction which provide the context of the analysis and which are needed to evaluate the extent, amount or frequency of an indicator and the significance of an indicator for a specific jurisdiction. Paragraph (5)(j) recognizes that land use plans generally may be significantly affected by other development policies in a plan which may serve to mitigate the presence of urban sprawl indicators based on the land use plan alone. Paragraph (5)(j) describes development controls which may be used by a local government to mitigate the presence of sprawl. (f) Analysis components. subsection (5)(k) describes how the analysis components described in subsections (5)(h) through (5)(j) are combined in a systematic way to determine the presence of urban sprawl indicators. (g) Primary indicators. The primary indicators that a plan or plan amendment does not discourage the proliferation of urban sprawl are listed below. The evaluation of the presence of these indicators shall consist of an analysis of the plan or plan amendment within the context of features and characteristics unique to each locality in order to determine whether the plan or plan amendment: 1. Promotes, allows or designates for development substantial areas of the jurisdiction to develop as low -intensity, low -density, or single -use development or uses in excess of demonstrated need. 2. Promotes, allows or designates significant amounts of urban development to occur in rural areas at substantial distances from existing urban areas while leaping over undeveloped lands which are available and suitable for development. 3. Promotes, allows or designates urban development in radial, strip, isolated or ribbon patterns generally emanating from existing urban developments. 4. As a result of premature or poorly planned conversion of rural land to other uses, fails adequately to protect and conserve natural resources, such as wetlands, floodplains, native vegetation, environmentally sensitive areas, natural groundwater aquifer recharge areas, lakes, rivers, shorelines, beaches, bays, estuarine systems, and other significant natural systems. 5. Fails adequately to protect adjacent agricultural areas and activities, including silviculture, and including active agricultural and silvicultural activities as well as passive agricultural activities and dormant, unique and prime farmlands and soils. 6. Fails to maximize use of existing public facilities and services. 7. Fails to maximize use of future public facilities and services. 8. Allows for land use patterns or timing which disproportionately increase the cost in time, money and energy, of providing and maintaining facilities and services, including roads, potable water, sanitary sewer, stormwater management, law enforcement, education, health care, fire and emergency response, and general government. 9. Fails to provide a clear separation between rural and urban uses. 10. Discourages or inhibits infill development or the redevelopment of existing neighborhoods and communities. 11. Fails to encourage an attractive and functional mix of uses. 12. Results in poor accessibility among linked or related land uses. 13. Results in the loss of significant amounts of functional open space. (h) Evaluation of land uses. The comprehensive plan must be reviewed in its entirety to make the determinations in (5)(g) above. Plan amendments must be reviewed individually and for their impact on the remainder of the plan. However, in either case, a land use analysis will be the focus of the review and constitute the primary factor for making the determinations. Land use types cumulatively (within the entire jurisdiction and areas less than the entire jurisdiction, and in proximate areas outside the jurisdiction) will be evaluated based on density, intensity, distribution and functional relationship, including an analysis of the distribution of urban and rural land uses. Each land use type will be `, evaluated based on: 1. Extent. 2. Location. 3. Distribution. 4. Density. 5. Intensity. 6. Compatibility. 7. Suitability. 8. Functional relationship. 9. Land use combinations. 10. Demonstrated need over the planning period. (i) Local conditions. Each of the land use factors in (5)(h) above will be evaluated within the context of features and characteristics unique to each locality. These include: 1. Size of developable area. 2. Projected growth rate (including population, commerce, industry, and agriculture). 3. Projected growth amounts (acres per land use category). 4. Facility availability (existing and committed). 5. Existing pattern of development (built and vested), including an analysis of the extent to which the existing pattern of development reflects urban sprawl. 6. Projected growth trends over the planning period, including the change in the overall density or intensity of urban development throughout the jurisdiction. 7. Costs of facilities and services, such as per capita cost over the planning period in terms of resources and energy. 8. Extra -jurisdictional and regional growth characteristics. 9. Transportation networks and use characteristics (existing and committed). 10. Geography, topography and various natural features of the jurisdiction. 0) Development controls. Development controls in the comprehensive plan may affect the determinations in (5)(g) above. The following development controls, to the extent they are included in the comprehensive plan, will be evaluated to determine how they discourage urban sprawl: 1. Open space requirements. 2. Development clustering requirements. 3. Other planning strategies, including the establishment of minimum development density and intensity, affecting the pattern and character of development. 4. Phasing of urban land use types, densities, intensities, extent, locations, and distribution over time, as measured through the permitted changes in land use within each urban land use category in the plan, and the timing and location of those changes. 5. Land use locational criteria related to the existing development pattern, natural resources and facilities and services. 6. Infrastructure extension controls, and infrastructure maximization requirements and incentives. 7. Allocation of the costs of future development based on the benefits received. 8. The extent to which new development pays for itself. 9. Transfer of development rights. 10. Purchase of development rights. 11. Planned unit development requirements. 12. Traditional neighborhood developments. 13. Land use functional relationship linkages and mixed land uses. 14. Jobs -to -housing balance requirements. 15. Policies specifying the circumstances under which future amendments could designate new lands for the urbanizing area. 16. Provision for new towns, rural villages or rural activity centers. 17. Effective functional buffering requirements. 18. Restriction on expansion of urban areas. 19. Planning strategies and incentives which promote the continuation of productive agricultural areas and the protection of environmentally sensitive lands. 20. Urban service areas. 21. Urban growth boundaries. 22. Access management controls. (k) Evaluation of factors. Each of the land use types and land use combinations analyzed in paragraph (5)(h) above will be evaluated within the context of the features and characteristics of the locality, individually and together (as appropriate), as listed in paragraph (5)(i). If a local government has in place a comprehensive plan found in compliance, the Department shall not find a plan amendment to be not in compliance on the issue of discouraging urban sprawl solely because of preexisting indicators if the amendment does not exacerbate existing indicators of urban sprawl within the jurisdiction. (1) Innovative and flexible planning and development strategies. Notwithstanding and as a means of addressing any provisions contained in subparagraphs 9J-5.006(3)(b)8., 9J-5.011(2)(b)3. and subsection 9J-5.003(140), F.A.C., and this subsection, the Department encourages innovative and flexible planning and development strategies and creative land use planning techniques in local plans. Planning strategies and techniques such as urban villages, new towns, satellite communities, area - based allocations, clustering and open space provisions, mixed -use development and sector planning that allow the conversion of rural and agricultural lands to other uses while protecting environmentally sensitive areas, maintaining the economic viability of agricultural and other predominantly rural land uses, and providing for the cost-efficient delivery of public facilities and services, will be recognized as methods of discouraging urban sprawl and will be determined consistent with the provisions of the state comprehensive plan, regional policy plans, Chapter 163, Part 11, F.S., and this chapter regarding ``,+ discouraging the proliferation of urban sprawl. (6) Multimodal Transportation District. Multimodal transportation districts may be established by local option for areas for which the local government assigns priority for a safe, comfortable, and attractive pedestrian environment. The local government must establish community design standards for the district to reduce vehicle miles traveled and to support an integrated, multimodal transportation system that includes the elements for community design specified in Section 163.3180(15)(b), F.S. Specific Authority 163.3177(9), (10), 163.3180(14) FS. Law Implemented 163.3l77(l), (2), (4), (5), (6)(a), (d), (8),(9), (10), (11), 163.3178, 163.3180(13), (15) FS. HistoryNew 3-6-86, Amended 10-20-86, 4-2-92, 3-23-94, 5-18-94, 3-21-99, 2-25-01. Exhibit "E" Draft Ordinance No. 09-006 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 ORDINANCE NO. 09-006 FILE NO.: FLUMA-420081453 / TCP-420081454 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE ADOPTED COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR A 38.05 ACRE (M.O.L.) PARCEL OF LAND FROM RS (RESIDENTIAL SUBURBAN — 2 DWELLING UNITS PER ACRE) TO MXD (MIXED USE DEVELOPMENT) SPECIFIC USE AREA; AND AMENDING POLICY 1.1.7.3 OF THE FUTURE LAND USE ELEMENT TO INCLUDE FIGURE 1-7M AND PROVIDING SUB -AREA POLICY LANGUAGE; PROVIDING FINDINGS; PROVIDING FOR CONFLICTINGPROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE' DATE; AND PROVIDING FOR ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: Terry L. Virta, AICP, Terry L. Virta and Associates, Inc., (also hereinafter referred to as the "Applicant') has filed petition for an amendment to the adopted Comprehensive Plan Future Land Use Element for a 38.05 acre (more or less) parcel of land, located north of West Midway Road and west of Selvitz Road, from Residential Suburban (RS — 2 dwelling units per acre), to Mixed Use (MXD) Specific Use Area with St. Lucie County, Florida, in accordance with Chapter 163, Florida Statutes; and, 2. The Board of County Commissioners of St. Lucie County as the governing body of St. Lucie County having jurisdiction over this application pursuant to Chapter 163, Florida Statutes, is authorized and empowered to consider amendments to the adopted Comprehensive Plan of St. Lucie County; and, 3. On May 1, 2008, the St. Lucie County Development Review Committee (" DRC) met to discuss outstanding issues and concerns regarding the petition for Future Land Use Map Amendment; and, On June 2, 2008, the Growth Management Department sent a letter to the Applicant listing outstanding issues and concerns regarding the petition for Future Land Use Map Amendment; and, 5. On August 21, 2008, the St. Lucie County Planning and Zoning Commission, the Local Planning Agency, held a public hearing, of which due notice was published in the Ft. Pierce Tribune, and recommended to the Board of County Commissioners that the petition for Future Land Use Map Amendment for Cassens White City Grove be approved and transmitted to the Department of Community Affairs; and, 6. On October 7, 2008, the Board of County Commissioners of St. Lucie County, Florida, File No.: FLUMA-420081453 / TCP-420081454 Ordinance 09-006 Cassens MXD adoption draft April 21, 2009 Page 1 M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 held a public hearing for transmittal of the Comprehensive Plan Amendment to the Department of Community Affairs, of which due notice was published in the Ft. Pierce Tribune, on the petition for Future Land Use Map Amendment for Cassens White City Grove, and heard and considered additional testimony on the proposed Future Land Use Amendment for this property; and, 7. On October 7, 2008, the Board of County Commissioners of St. Lucie County, Florida, authorized the transmittal of this petition to the Florida Department of Community Affairs for further agency review in accordance with the provisions of Chapter 163, Florida Statutes; and, On January 5, 2009 the Board of County Commissioners of St. Lucie County, Florida has received the Objections, Recommendations, and Comment (ORC) report from the Department of Community Affairs and responded to objections therein; and, On March 3, 2009 the Board of County Commissioners of St. Lucie County, Florida held a public hearing, of which due notice was placed in the St. Lucie News Tribune, and granted the request of the Growth Management Department to continue the hearing on this matter to April 21, 2009; and, 10. On April 21, 2009 the Board of County Commissioners of St. Lucie County, Florida held a public hearing, of which due notice was placed in the St. Lucie Tribune, and deemed that the adoption of the amendment to the Comprehensive Plan is in the best interests of the citizens and residents of the County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. AMENDMENT TO FUTURE LAND USE DESIGNATION The Future Land Use Designation set forth in the St. Lucie County Comprehensive Plan for the property described in Exhibit "A," attached hereto, containing 38.05 acres more or less, located on the northwest quadrant of West Midway Road and Selvitz Road, on north side of Favorite Road, and owned by White City Grove, Inc., is hereby amended from IRS (Residential Suburban) to MXD (Mixed Use Development) Specific Use Area, as depicted in attached Exhibit `B." B. AMENDING POLICY 1.1.7.3 OF THE ST. LUCIE COUNTY COMPREHENSIVE PLAN TO ADD FIGURE 1-7M. Policy 1.1.7.3 of the St. Lucie County Future Land Use Element shall be amended as follows: 1. Figure 1-7m, MXD Specific Use Area is authorized to be added to the figures included in Future Land Use Element Policy 1.1.7.3 as shown in Exhibit "B." 2. "Continue to support the Mixed Use activity areas as indicted in the following sub -area Mixed Use activity area plans as depicted in Figures 1-7a thru 1-71 m." C. AUTHORIZING TEXT AMENDMENTS TO THE FUTURE LAND USE ELEMENT OF THE ST. LUCIE COUNTY COMPREHENSIVE PLAN TO INCORPORATE SUB -AREA POLICIES TO THE CASSENS MXD SPECIFIC USE AREA, FIGURE 1-7M. File No.: FLUMA-420081453 / TCP-420081454 Ordinance 09-006 Cassens MXD adoption draft April 21, 2009 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 • The Specific Use Area within this medium intensity Mixed Use Activity Area (see standards in Policy 1.1.7.4) is restricted in use to the equivalent of the IND Land Use designation as described in the Future Land Use Element unless otherwise amended through the Comprehensive Plan Amendment process. The IND use shall be limited to a maximum FAR of 0.18752. Development on this site shall be approved through the Planned Non - Residential Development process, and shall include appropriate open space and buffers adjacent to residential uses and environmental conditions. Access to development shall be provided from the west via Favorite Road. D. FINDING OF CONSISTENCY The Board of County Commissioners of St. Lucie County, Florida, specifically determines that the approval of this amendment to the adopted Comprehensive Plan Future Land Use Element is internally consistent with the policies and objectives contained in the St. Lucie County Comprehensive Plan and consistent with standards for review of plans and plan amendments of Rule 9J-5, Florida Administrative Code, and provides for the recognition that impacts of this approval on the public facilities of St. Lucie County will not occur until such time as a Final Development Order for development on this property is issued. E. CHANGES TO FUTURE LAND USE MAPS The St. Lucie County Growth Management Director is hereby authorized and directed to cause these changes to be made in the Future Land Use Map of the Future Land Use Element of the St. Lucie County Comprehensive Plan and to make notation of reference to the date of adoption of this Ordinance. F. CONFLICTING PROVISIONS Special acts of the Florida Legislatureapplicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this Ordinance to the extent of such conflict. G. SEVERABILITY If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstance. H. APPLICABILITY OF ORDINANCE This Ordinance shall be applicable as stated in Paragraphs A, B and C. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. File No.: FLUMA-420081453 / TCP-420081454 April 21, 2009 Ordinance 09-006 Cassens MXD adoption draft Page 3 1 2 **Aw 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 %W 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 I J. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS The Growth Management Director shall send a certified copy of this Ordinance to the Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100. K. EFFECTIVE DATE This Ordinance shall take effect upon the issuance by the State Land Planning Agency of a Notice of Intent to find the adopted amendment in compliance in'/accordance with Section 163.3184(9), or Section 125.66(4)(a), Florida Statutes, or I upon the Administration Commission issuing a final order finding the adopted amendme�d'in compliance in accordance with Section 163.3184(10). L. ADOPTION After motion and second, the vote on this Ordin Chair Paula Lewis Vice Chair Charles Grande Commissioner Chris Dzadovsky ComnliiMioner DIM Coward K#M XXX Commissio r XXX PASSED AND DULY ADOPTED thi 1st day April, 2009. ATTEST File No.: FLUMA-420081453 / TCP-420081454 April 21, 2009 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA m Chairman APPROVED AS TO FORM AND CORRECTNESS Ordinance 09-006 Cassens MXD adoption draft Page 4 1 2 3 4 5 6 Deputy Clerk File No.: FLUMA-420081453 / TCP-420081454 April 21, 2009 County Attorney Ordinance 09-006 Cassens MXD adoption draft Page 5 *ft' 1 2 3 4 5 6 7 8 9 � 10 11 12 13 14 15 16 17 Exhibit "A" LEGAL DESCRIPTION File No.: FLUMA-420081453 / TCP-420081454 April 21, 2009 Ordinance 09-006 Cassens MXD adoption draft Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 LEGAL DESCRIPTION LOTS 4 AND 5 IN THE NORTHEAST QUARTER (NE 1/4) OF MODEL LAND COMPANY'S SUBDIVISION, OF SECTION 6, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS SHOWN BY THE PLAT THEREOF ON FILE IN PLAT BOOK 4, PAGE 34 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPTING TO CANAL AND ROAD RIGHT OF WAY. AND LOTS 6 AND 7 IN THE NORTHEAST QUARTER (1/4) OF MODEL LAND COMPANY'S SUBDIVISION OF SECTION 6, TOWNSHIP 36 SOUTH, RANGE 40 EAST, BEING THE SAME PROPERTY DESCRIBED AS: THE WEST ONE HALF (W 1/2) OF THE EAST ONE-HALF (E 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4); AND THE EAST ONE-HALF (E 1/2) OF THE WEST ONE-HALF (W 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4); ALL IN SECTION 6, TOWNSHIP 36 SOUTH, RANGE 40 EAST. ALL CONTAINING 38.05 ACRES MORE OR LESS. File No.: FLUMA-420081453 / TCP-420081454 April 21, 2009 Ordinance 09-006 Cassens MXD adoption draft Page 7 L Exhibit "B" File No.: FLUMA-420081453 / TCP-420081454 April 21, 2009 MAPS Ordinance 09-006 Cassens MXD adoption draft Page 8 Suggested motion to approve/deny MOTION TO APPROVE MXD FUTURE LAND USE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE THE APPLICATION FOR FUTURE LAND USE MAP AMENDMENT TO MXD (MIXED USE DEVELOPMENT) SPECIFIC USE AREA AND FUTURE LAND USE ELEMENT TEXT AMENDMENT TO POLICY 1.1.7.3, ADDING FIGURE 1-7M, FOR CASSENS WHITE CITY GROVE BECAUSE ... [CITE REASON WHY - PLEASE BE SPECIFIC]. MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION FOR FUTURE LAND USE MAP AMENDMENT TO MXD (MIXED USE DEVELOPMENT) SPECIFIC USE AREA AND FUTURE LAND USE ELEMENT TEXT AMENDMENT TO POLICY 1.1.7.3, ADDING FIGURE 1-7M, FOR CASSENS WHITE CITY GROVE BECAUSE ... [CITE REASON WHY - PLEASE BE SPECIFIC]. Exhibit "G" The Department of Community Affairs Issued Objections, Recommendations, and Comments (ORC) Report "%W I STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST Governor January 2, 2009 The Honorable Paula A. Lewis, Chairman St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 34982 Dear Chairman Lewis: THOMAS G. PELHAM Secrotary RECEIVED 'TREASURE COAST REGIONAL PLANNING COL)NCIL The Department has completed its review of the proposed Comprehensive Plan Amendment for St. Lucie County (DCA 009-1), which was received on November 4, 2008. Based on Chapter 163, Florida Statutes, we have prepared the attached report, which outlines our findings conceming the amendment. It is particularly important that the County address the objections set forth In our review report so that these issues can be successfully resolved prior to adoption. We have also included a copy of local, regional and state agency comments for your consideration. Within the next 60 days, the County should act by choosing to adopt, adopt with changes or not adopt the proposed amendment. For your assistance, our report outlines procedures for final adoption and transmittal The County's proposed 09-1 amendment consists of a Future Land Use Map (FLUM) amendment and text changes associated with the FLUM amendment. The Department has identified concerns with these amendments as detailed In the attached Objections, Recommendations, and Comments Report. These concerns include the lack of limitation on commercial development and lack of data and analysis demonstrating adequate public facilities based on the maximum development potential of the property, If you or your staff have any questions, or if we may be of further assistance as you formulate your response to this Report, please contact Bob Dennis, Regional Planning Administrator, at (850) 922-1765. Sincer y y1ours, ,. Mike McDaniel, Chief Offsce of Comprehensive Planning M M/kcd Enclosures: Objections, Recommendations and CommeA Report Review Agency Comments cc: Mr. Peter Jones, AIA, Planning Manager, St. Lucie County Growth Management Michael Busha, AICP, Executive Director, Treasure Coast Regional Planning Council 2665 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399-2100 850.488-8466 (p) • 850-921-0781 (f) • Webalte: www.dca.state fl.us • COMMUNITY PLANNING 830.485.2356 (p) 850-418.3309 (q ► FLORIDA COMMUNITIES TRUST 830-9224207 (9) 850.921.1747 (Q ♦ HOUSING AND COMMUNITY DEVELOPMENT 850488.7958 (p) 850.922.5823 (0 5 DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS FOR ST. LUCIE COUNTY AMENDMENT 09-1 January 2, 2009 Division of Community Planning Office of Comprehensive Planning This report is prepared pursuant to Rule 9j.i i ,ol o INTRODUCTION The following objections, recommendations and comments are based upon the Department's review of the St. Lucie County, 09-1 proposed amendment to their comprehensive plan pursuant to s. 163.3184, Florida Statutes (F.S.). The objections relate to specific requirements of relevant portions of Chapter 9J-5, Florida Administrative Code (F.A.C.), and Chapter 163, Part II, F.S. Each objection includes a recommendation of one approach that might be taken to address the cited objection. Other approaches may be more suitable in specific situations. Some of these objections may have initially been raised by one of the other external review agencies. If there is a difference between the Department's objection and the external agency advisory objection or comment, the Department's objection would take precedence. Each of these objections must be addressed by the local government and corrected when the amendment is resubmitted for our compliance review. Objections which are not addressed may result in a determination that the amendment is not in compliance. The Department may have raised an objection regarding missing data and analysis items which the local government considers not applicable to its amendment. If that is the case, a statement justifying its non -applicability pursuant to Rule 9J-5.002(2), F.A.C., must be submitted. The Department will make a determination on the non -applicability of the requirement, and if the justification is sufficient, the objection will be considered addressed. The comments which follow the objections and recommendations section are advisory in nature. Comments will not form bases of a determination of non-compliance. They are included to call attention to items raised by our reviewers. The comments can be substantive, concerning planning principles, methodology or logic, as well as editorial in nature dealing with grammar, organization, mapping, and reader comprehension. Appended to the back of the Department's report are the comment letters from the other state review agencies and other agencies, organizations and individuals. These comments are advisory to the Department and may not form bases of Departmental objections unless they appear under the "Objections" heading in this report. 2 TRANSMITTAL PROCEDURES Upon receipt of this report, the County has 60 days in which to adopt, adopt with changes, or determine that the County will not adopt the proposed amendment. The process for adoption of local comprehensive plan amendments is outlined in s. 163.3184, Florida Statutes, and Rule 9J-I 1.011, Florida Administrative Code. Within ten working days of the date of adoption, the County must submit the following to the Department: Three copies of the adopted comprehensive plan amendment; A copy of the adoption ordinance; A listing of additional changes not previously reviewed; A listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to ,%W conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendment, and pursuant to Rule 9J-11.011(5), F.A.C., please provide a copy of the adopted amendment directly to Michael Busha, AICP, Executive Director of the Treasure Coast Regional Planning Council. LIM Please be advised that Section 163.3184(8)(c), Florida Statutes, requires the Department to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who furnish their names and addresses at the local government's plan amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement, local governments are required by law to furnish the names and addresses of the citizens requesting this information to the Department. Please provide these required names and addresses to the Department when you transmit your adopted amendment package for compliance review. In the event no names, addresses are provided, please provide this information as well. For efficiency, we encourage that the information sheet be provided in electronic format. 3 OBJECTIONS RECOMMENDATIONS AND COMMENTS REPORT ST. LUCIE COUNTY 09-1 PROPOSED COMPREHENSIVE PLAN AMENDMENT I. Consistency with Rule 9J-5, F.A.C., and Chanter 163_Part 1I, F.S. The St. Lucie County 09-1 amendment contains a Future Land Use Map (FLUM) amendment, and addition of Figure 1-7m to the Future Land Use Element which contains site specific language for the associated FLUM amendment. 1.Ob�ection: The County has not demonstrated that it has an adequate supply of water to meet current and future water supply needs, including water supply to serve the proposed land use change, because the County has not adopted its i 0-Year Water Supply Facilities Work Plan as required by Section 163.3177(6)(c), F.S. Authority: Sections 163.3167(13); 163.3177(3), (6)(a), (c), and (d), F.S., and Rules 9J- 5.006(2), (3)(b)1, (3)(c)3; 9J-5.011(]), (2)(b)l, 2, (2)(c)1, 2; 9J-5.016(1), (2), (3)(b)I, 3, 4, 5, (3)(c)6, 8, (4), F.A.C. Recommendation: The County should delay adopting the proposed amendment until the I0-Year Water Supply Facilities Work Plan is adopted. If the data and analysis determines that capital improvements will be needed in the next five years to meet the County's water supply, then those capital improvements must be included in a financially feasible five year schedule of capital improvements. To be financially feasible, projects in the first three years of the schedule of capital improvements must be funded by committed revenue sources. Projects identified in years four and five can be funded by committed or planned revenue sources. 2.Obieetion: The amendment package includes a new Figure 1-7m which illustrates the subject property and contains the site specific development limitations for the property. The language limits industrial uses to 310,800 square feet of gross building area, and allows commercial uses ancillary to industrial uses. Although the data and analysis submitted in support of this amendment evaluated public facility impacts based on the industrial development of the site, the public facility analyses did not include an assessment of the commercial development that would be allowed on the site. The Mixed Use future land use designation allows up to 1.0 floor area ratio for commercial development in High Intensity Development areas. The County has not adequately demonstrated the availability of public facilities based on the maximum development potential of the property. 4 The amendment package has not demonstrated that adequate water and wastewater facilities exist to serve the property based upon the maximum development potential. The amendment package contains a letter from Ft. Pierce Utilities stating that the Utilities would serve the site, but the amendment has not demonstrated that the Utilities have adequate potable water supply and potable water and wastewater treatment capacities to serve the amendment property. Additionally, though the amendment package contains a transportation analysis, the transportation analysis is not based upon the maximum development potential of the property, because it does not include the commercial development. If the data and analysis determines that capital improvements will be needed in the next five years to meet the County's water supply, then those capital improvements must be included in a financially feasible five year schedule of capital improvements. To be financially feasible, projects in the first three years of the schedule of capital improvements must be funded by committed revenue sources. Projects identified in years four and five can be funded by committed or planned revenue sources. Authority: Sections 163.3164(32); 163.3167(13); 163.3177(3), (6)(a), (b), (c), (d), 0), and (8), F.S., and Rules 9J-5.005(2), (3), (6); 9J-5.006(2), (3)(b)1, (3)(c)3, (4)(c); 9J- 5.011(1), (2)(b)1, 2, (2)(c)1, 2; 9J-5.016(1), (2), (3)(b)l, 3, 4, 5, (3)(c)6, 8, (4); 9J- 5.019(3), (4)(b)2, 3, F.A.C. Recommendation: Revise the data and analysis to demonstrate that there is sufficient water supply and capacity in the water treatment and wastewater treatment plants, as well as capacity on the County's road network, based upon the adopted level of service standards for these public facilities, to serve the maximum development potential of this site based on the industrial and commercial uses. H. Consistency with the State Comprehensive Plan The proposed amendment is not consistent with and does not further the following goals and policies of the State Comprehensive Plan set forth in Section 187.201, F.S.: As to all Objections: (7) Water Resources, Goal (a) and Policy (b)5 (17) Public Facilities, Goal (a) and Policies (b)3, 4, 5, 6, 7, & 9 (25) Plan Implementation, Goal (a) and Policy (b)7 As to Objection 2: (19) Transportation, Goal (a) and Policies (b)3, 9 & 13 Recommendation: By addressing the concerns noted in Section I, this inconsistency with Chapter 187, Florida Statutes, can be addressed. 5 SOUTH FLORIDA WATER MANAGEMENT DISTRICT November 17, 2008 Ray Eubanks, Administrator Plan Review and Processing Department of Community Affairs 2556 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Dear Mr. Eubanks: V DEC 0 5 2008 COMMUNITY PLANNING Subject: St. Lucle County, DCA #09-1 SFWMD Comments on Proposed Comprehensive Plan Amendment Package The South Florida Water Management District has completed its review of St. Lucie County's (County) proposed amendment. The County is proposing to amend its comprehensive plan Future Land Use Map to change the designation for a 38.05 acre parcel from RS (Residential Suburban) to MXD (Mixed Use Development). The County is also proposing a related text amendment adding Figure 1-7m for the proposed MXD area and providing sub -area policy language. The property is served by the Ft. Pierce Utilities Authority. The District has the following recommendation that we request you incorporate into your review comments to the County: • Provide an analysis demonstrating that there is sufficient water supply facility capacity to serve this amendment We look forward to collaborating with the County, its water supplier, and the Department of Community Affairs on developing sound, sustainable solutions to meet the County's future water needs. For assistance or additional information, please contact Lead Planner Jim Golden at (561) 682-6862 or jaoldensfwmd.gov. Sincerely, ?Jn en Water Supply Planning Division c: Michael Busha, TCRPC Marjorie Craig, SFWMD Bob Dennis, DCA Jim Golden, SFWMD Peter Jones, St. Lucie County 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686.8800 • FL WAT51-800-432-2045 Mailing Address: P.O. Box 24680, West Palm Beach, FL 334164680 • wwwsfwmd.gov Florida Department of `` r Govcrnoc+ Environmental Protection Jeff Kottkamt+ Marjory Stoneman Douglas Building Lt. Governor 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Michael W. Sole Secretary December 11, 2008 Mr. D. Ray Eubanks Plan Review and DRI Processing Team Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 RE: St. Lucie County 09-1 Dear Mr. Eubanks: On behalf of the Department of Environmental Protection, the Office of Intergovernmental Programs has reviewed the proposed comprehensive plan amendments in accordance with the provisions of Chapter 163, Florida Statutes. As required by law, the scope of our comments and recommendations is limited to the environmental suitability of the proposed changes in light of the Department's regulatory and proprietary responsibilities. Based on our review of the report, the Department has found no provision that requires comment, recommendation or objection under the laws that form the basis of the Department's jurisdiction and authority. if the report pertains to changes in the future land use map or supporting text, please be advised that at such time as specific lands are proposed for development, the Department will review the proposal to ensure compliance with environmental rules and regulations in, effect at the time such action is proposed. In addition, any development of the subject lands will have to comply with local ordinances, other comprehensive plan requirements and restrictions, and applicable rules and regulations of other state and regional agencies. Thank you for the opportunity to comment on this proposal. If I may be of further assistance, please call me at (850) 245-2169. Sincerely, 149111 FKA, Christopher J. Stahl Environmental Specialist Office of Intergovernmental Programs /cjs 11. 14V MPWeL'6011, Lisa IYOL(.es 11•1 r t v. dep'slah" /1. us �a aD 'Kiddie, Andrew To Aray.subanks@dce.stete.fixe <Andmw.Riddie@dotstate.fl <ray.eubanks@dca.state.fl.us>, .us> "bob.dennisadca.state.fl.us'" <bob.dsnnis0dca.state.fl.us> 12l012008 04 26 PM cc "Bush, Lois" <Lois.Bush@dotstste.fl.us>, Karen Kiselewski<kklsslswskl6cIdesthatwork.com>, 'Jonespostiudeco.gov" <jonesp@stiucleoo.gov> bcc Subject St Lucie County DCA# W1 I am writing to advise you that the Department will not be issuing an ORC report on the proposed St. Lucie County Comprehensive Plan Amendments 09-1. We found through our screening of the amendments that there are no state or regionally significant transportation issues. Related discussion follows: The large-scale map amendment proposes to modify the future land use designation on approximately 39 acres in unincorporated St. Lucie County north of Midway Road, west of Selvitz Road, and along the north side of the Favorite Road right-of-way from Residential Suburban to MXD (Mixed Use). The MXD designation is being limited by policy text to a maximum square footage of 310,800 for industrial uses (commercial uses shall only be ancillary). No other uses would be permitted. 1-95 is located approximately two and a half miles west of the site and it has an existing LOS B level of service from St, Lucie Boulevard to State Road 70/Okeechobee Road. Midway Road from the site entrance to State Road 615/25 11 Street exceeds the County's LOS E standard. The widening of Midway Road from Florida's Turnpike to 25Ib Street is contained within the St. Lucie County Capital Improvement Plan and is in the Long -Range Cost Feasible Plan: The County acknowledges In the staff report that some improvements are programmed, but the Identified funding will not be sufficient to complete the project. During development review, the applicant will be required to enter a proportionate fair share agreement to mitigate traffic impacts from the development of the site. Andrew Riddle, AICP Office of Modal Development FDOT - District Four 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 TEL:954-777-4605 FAX:954-677-7892 Email: And rew,RiddIC0dot.state.fi.us %Now November 6, 2008 Mr. Ray Eubanks, Administrator Plan and Review Processing Office of Comprehensive Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Subject: St. Lucie County Comprehensive PIan Draft Amendments - DCA Reference No. 09-1 Dear Mr. Eubanks: V. �� I✓T NOV 10 2008 F1 This is to acknowledge the receipt of materials pertaining to the above -referenced amendments on October 31, 2008. Staff anticipates presenting its report and recommended comments to Council at the regular meeting of December 12, 2008. Pursuant to Section 163.3184, Florida Statutes, a written report will be submitted to you by December 4, 2008. If you have any questions, please feel free to call. Sincerely, I -e, 1A_, Terry . Hess, AICP Deputy Director TLH: sh "Bringing Communities Together" • Est. 1978 421 S-W. Camden Avenue - S�ua,i, Florida J4994 Phone (772) 221.4060 - Fax (772) 221-4067 mwv.eerpc__ o_ra i. c Vi; .. -.` TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To: Council Members AGENDA ITEM SM From: Staff Date: December 12, 2008 Council Meeting Subject: Local Government Comprehensive Plan Review Draft Amendments to the St. Lucie County Comprehensive Plan DCA Reference No. 09-1 Introduction The Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Florida Statutes, requires that Council review local government comprehensive plan amendments prior to their adoption. Under the provisions of this law, the Department of Community Affairs (DCA) prepares an Objections, Recommendations, and Comments (ORC) Report on a proposed amendment only if requested to do so by the local government, the regional planning council, an affected person, or if an ORC Report is otherwise deemed necessary by the DCA. If an ORC Report is to be prepared, then Council. must provide DCA with its findings of consistency or inconsistency with the Strategic Regional Policy Plan (SRPP), and provide any comments and recommendations for modification on the proposed amendments within 30 days of its receipt, Background St. Lucie County is proposing text amendments to the Future Land Use Element and one amendment to the Future Land Use Map (FLUM) of the County Comprehensive Plan. The County has requested a formal review of the amendments by the DCA. Evaluation The FLUM and text amendments are directly related. The proposed text amendments are considered sub -area policies that impose conditions upon development of the subject property. L Future Land Use Amendment The 38.1 acre property is located northwest of the intersection of Midway and Selvitz Roads (see Exhibits). The northern boundary of the property is contiguous to the City of Fort Pierce (see Exhibits 5-7). The property has been used for citrus groves for several decades; a use that is likely to continue in the foreseeable future, according to the amendment materials. No site plan has been submitted, although the proposed land use is to be restricted to industrial/commercial by policy. The landowner application indicates the change is so that the FLUM designation is more consistent with surrounding designations. The current FLUM designation is Residential Suburban (RS - maximum two dwelling units per acre). The proposed FLUM designation is Mixed Use Development (MXD). The current land use on surrounding properties includes vacant land to the north, public and institutional uses including a post office and sheriffs office to the south, large lot single family homes to the east and an industrial park to the west. The FLUM designations on surrounding properties are Industrial (City of Fort Pierce) to the north, Public Facilities to the south, RS to the east and Industrial to the west. Given the surrounding land uses and designations, County staff indicates that an industrial use (proposed for this property) is more compatible than the RS designation. The landowner will be required to mitigate traffic impacts, since there will be impacts to a segment of Midway Road that has exceeded the level of service capacity. �kr The County staff indicated that the MXD designation is not appropriate at this location. According to the County Plan: The intent of the Mixed U.se Development (MXD) designation is to identify those areas where innovative land use concepts are encouraged. Application of this district should be with prudence, and should be only to those areas where traditional land use classifications do not afford the desired flexibility and community input in land use planning necessary to address local concerns. Candidates for this district include all I-95 interchange areas, the St. Lucie County International Airport, Community Development Districts created pursuant to Chapter 190, Florida Statutes and areas of special or unique environmental consideration that may not be appropriate for traditional land use designations. This property is not located in a specialized area as identified in the above. The County staff concluded that an Industrial designation is more appropriate for this location. Such a designation would allow all the uses proposed by the landowner and included in the sub -area policies. %4W 2. Text Amendments The text amendments are to the Future Land Use Element. The County refers to them as "sub -area policies" and they appear only on proposed Figure 1-7m of the Element (See Exhibit 8). The policies impose conditions to the assignment of the MXD designation to the Cassens Grove property. Extraiurisdictional -impacts Consistent with the informal agreement between the local governments in the northern three counties of the Region, the County provided copies of the amendment materials to surrounding local governments and counties, Council sent a memo to local governments and other relevant agencies dated November 6, 2008, regarding comments on the proposed amendments. As of the date of this report, no correspondence has been received regarding the proposed amendments. There should not be significant extrajurisdictional impacts as a result of the amendments. Effects on Significant Regional Resources or Facilities Analysis of the proposed amendments indicates that they would not have adverse effects on significant regional resources or facilities. Analysis of Consistency with Strategic Regional Policy Plan Neither the redesignation of this property to Mixed Use nor the proposal to limit the property to industrial and ancillary commercial uses would be considered inconsistent with the SRPP. However, as the: County staff pointed out during the transmittal hearings, the property does not meet the criteria in the County Comprehensive Plan for designation as MXD. The designation for this property as MXD would be internally inconsistent with the County Plan. It is not totally clear why the landowner has applied for the MXD designation from the County, yet agreed to condition the designation on uses that would be permitted under a more straightforward designation, such as the Industrial designation recommended by County staff. However, it is important that local governments in the region allow for and promote a balanced, well -planned compatible mix of land uses, consistent with Regional Goal 6.1. A mix of uses is desirable not only at interchange and special or unique areas as anticipated in the County MXD designation, but in areas that are smaller in scale and scope. A vertical and horizontal mix of uses is desirable. Comment/Recommendation for Modification 1. The issues that have arisen as a result of the consideration of an appropriate FLUM designation for this property suggest that the County may need more than one mixed or multi -use FLUM designation. During its Evaluation and Appraisal Report process, the County should consider adding one or more additional mixed use 1� 3 designations so that future neighborhoods and communities, even when small in 1%W scale, can have a balanced, compatible mix of land uses with a compact design and a mix of building types consistent with the SRPP. Consistency with Strategic Regional Policy Plan The contract agreement between the DCA and the Treasure Coast Regional Planning Council requires Council to include a determination of consistency with the SRPP as part of the written report to be submitted to the DCA. Council finds the proposed amendments to be CONSISTENT with the SRPP. Recommendation Council should adopt the above comments and instruct staff to transmit the report to the Department of Community Affairs. Attachments i FLORIDASTATE OF DEPARTMENT OF COMMUNITY AFFAIRS Dedicated to making Florida a better place to call home" CHARLIE CRIST Govemor MEMORANDUM TO: St Lucie County Date: March 26, 2009 Subject: Notices of Intent Filed by DCA THOMAS G.PELHAM Seustary Enclosed are copies of Notices of Intent published by the Department of Community Affairs regarding the adopted comprehensive plan amendments submitted by the following local governments: St Lucie County 08RWSP1 These copies are provided for your information and agency files. No further action is required on your part, as the publication of these notices completes the review process directed by Chapter 163, Florida Statutes. Your assistance during the review process is very much appreciated. Should you have any procedural questions on this matter, please contact Mr. Ray Eubanks at Suncom 278-4925 or (850) 488-4925. Are Enclosure 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399-2100 850-488-8466 (p) ♦ 850-921-0781 (f) ♦ Webslte: www dca stateAl us • COMMUNITY PLANNING 85048&2358 (p) 85P4883309 (Q • HOUSINO AND COMMUNITY DEVELOPMENT &%48&7958 (p) &%Q- 2SM M STATE OF FLORIDA %%W DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST Governor March 26. 2009 The Honorable Joseph E. Smith, Chairperson St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 Dear Commissioner Smith: THOMAS G PELHAM Secretary The Department of Community Affairs has completed its review of the St. Lucie County Comprehensive Plan Amendment DCA Number 08-RWSP1, adopted by Ordinance Number 08-013 on December 16, 2008, and determined that it meets the requirements of Chapter l 63, Part 1I, Florida Statutes (F.S.), for compliance, as defined in Subsection 163.3184(l )(b), F.S. The Department is issuing a Notice of Intent to find the Comprehensive Plan Amendment in compliance. The Notice of Intent has been sent to the St. Lucie ,News Tribune for publication on March 27, 2009. The Department's Notice of Intent to find a plan amendment in compliance shall be deemed to be a final order if no timely petition challenging the amendment is filed. Any affected person may file a petition with the agency within 21 days after the publication of the Notice of intent pursuant to Section 163.3184(9), F.S. No development orders, or permits for a development, dependent on the amendment may be issued or commence before the plan amendment takes effect. Please be advised that Section 163.3 1 84(8)(c)2, F.S., requires a local government that has an Internet site to post a copy of the Department's Notice of Intent on the site within 5 days after receipt of the mailed copy of the Notice of Intent. Please note that a copy of the adopted St. Lucie County Comprehensive Plan Amendment and the Notice of intent must be available for public Inspectio❑ Monday through Friday, except for legal holidays, during normal business hours at the St. Lucie County Growth Management Department. 2300 Virginia Avenue, Ft. Pierce, Florida 34982-5652, 2 5 5 5 SHUMARD OAK BOULEVARD • T A L L A H A S S E E, FL 3 2 3 9 9- 2 1 0 0 850-488-8466 (p) • 850-921-0781 (f) ♦ Website ,v.+w J,-: s1:)te fl ins • COMMUNITY PLANNING 8bC (p) 35E- 68 3,i!h ip • FLORIOA COMMUNITIES TRUST 850-422-_"A7 gyp) 890'i21-1147 if) • HOUSING AND COMMUNITY DEVELOPMENT 850-W2 `6231r1 . The Honorable Joseph F. Smith March 26, 2009 Page 2 if this in compliance determination is challenged by an affected person, you will have the option of mediation pursuant to Subsection 163.3189(3)(a), F.S. If you choose to attempt to resolve this matter through mediation, you must file the request for mediation with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation will not affect the right of any party to an administrative hearing. If you have any questions, please contact Laura Regalado, Community Planner, at (850) 921-3 762. Sincer ly, )//V ��l ^ Mike McDaniel, Chief Office of Comprehensive Planning MMilmr Enclosure: Notice of Intent cc: Mr. Peter W. Jones, Planning Manager, St. Lucie County Mr. Michael J. Busha Executive Director, Treasure Coast Regional Planning Council n L STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND THE ST LUCIE COUNTY COMPREHENSIVE PLAN AMENDMENT IN COMPLIANCE DOCKET NO, 08-RWSPI-NOl-560I-(A)-(I) The Department gives notice of its intent to find the Amendment to the Comprehensive Plan for St. Lucie County, adopted by Ordinance No. 08-013 on December 16, 2008, IN COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, F S. The adopted St. Lucie County Comprehensive Plan Amendment and the Department's Objections, Recommendations and Comments Report (if any) are available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the St. Lucie County Growth Management Department, 2300 Virginia Avenue, Ft. Pierce, Florida 34982-5652. Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an administra- tive hearing to challenge the proposed agency determination that the Amendment to the St. Lucie County Comprehensive Plan is In Compliance, as defined in Subsection 163.3184(1), F.S. The petition must be filed within twenty-one (21) days after publication of this notice, and must include all of the information and contents described in Uniform Rule 28-106.201, F.A.C. The petition must be filed with the Agency Clerk, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, and a copy ,nailed or delivered to the local government. Failure to timely file a petition shall constitute a waiver of any right to request an administrative proceeding as a petitioner under Sections 120.569 and 120.57, F.S. If a petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Department. If no petition is filed, this Notice of Intent shall become final agency action. If a petition is filed, other affected persons may petition for leave to intervene in the proceeding. A petition for intervention must be filed at least twenty (20) days before the final hearing and must include all of the information and contents described in Uniform Rule 28-106.205, F.A.C. A petition for leave to intervene shall be filed at the Division of Administrative Hearings, Department of Management Services, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060. Failure to petition to intervene Nvithin the allowed time frame constitutes a waiver of any right such a person has to request a hearing under Sections 120,569 and 120.57, F.S., or to participate in the administrative hearing. After an administrative hearing petition is timely filed, mediation is available pursuant to Subsection 163.3189(3)(a), F.S., to any affected person who is made a party to the proceeding by filing that request with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation shall not affect a party's right to an administrative hearing. 7 C Mike McDaniel, Chief Office of Comprehensive Planning Division of Communi ty Planning Department of Community Affairs 2555 Shtunard Oak Boulevard "Tallahassee, Florida 32399-2100 n L Environmental Resources Department Agenda Item Companion Report TO: Board of County Commissioners FROM: Yvette Alger Environmental Resources Department DATE: February 17, 2009 RE: Cassens White City Grove Future Land Use Map Amendment DEPARTMENT COORDINATION ERD visited the site on May 2, 2008. GM requested ERD input on the proposed Future Land Use Map Amendment. ERD INPUT ERD input has been included in the attached staff report. Additional ERD review will be required during the PNRD development review process. ERD RECOMMENDATION ERD has no objection to GM recommendation. om To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: Agenda Request Board of County Commissioners Growth Management Department Item Number VII-A Meeting Date: 03/03/09 Consent [ J Regular [ ] Public Hearing Ix ] Leg. [ ] Quasi -JD [ X ] Presented By Mark Satterlee, AICP Growth Management Director Request for a continuance of the adoption hearing for Comprehensive Plan Amendment Cycle 2009-1, formerly known as Comprehensive Plan Amendment Cycle 2008-2. Ordinance No. 09-006 (formerly known as Ordinance No 08 0301 Project Name: Cassens White City Grove Applicant / Agent: Terry L. Virta, AICP File No. FLUMA-420081453 / TCP-420081454: Future Land Use Map Amendment from RS (Residential Suburban — 2 du/acre) to MXD (Mixed Use Development) Specific Use Area, adding Figure 1-7m and Sub -Area policy language. One application to amend the Future Land Use Map and text is being considered in the current Comprehensive Plan amendment cycle. N/A PREVIOUS ACTION: At the March 3, 2009 public hearing on this matter, the St. Lucie County Growth Management Department will be requesting a continuance of the adoption hearing for the 2009-1 Comprehensive Plan Amendment Cycle until April 21, 2009. On January 5, 2009 the Growth Management Department was in receipt of the Department of Community Affairs issued Objections, Recommendations and Comments (ORC) report for the amendment package. At the October 7, 2008 Board of County Commissioners hearing, the Board voted unanimously to adopt and transmit to DCA Ordinance No. 09-006 formerly known as Ordinance No. 08-030. At the September 9, 2008 Planning and Zoning Commission hearing, the Commission voted unanimously to recommend adoption and transmittal for Ordinance No, 09-006 formerly known as Ordinance No. 08-030, RECOMMENDATION: Staff is requesting the continuance of this item to April 21, 2009. COMMISSION ACTION: CONCURRENCE: APPROVED DENIED OTHER Faye W. Outlaw, MPA County Administrator Coordination/ Signatures County Attorney E.R.D.: County Daniel S. McIntyre Amy Mott Ron Harris County Engineer: Other: Other: Michael Powley Form No. 07-07 County Commission Review: 03/3/09 Comprehensive Plan Amendment Cycle 09-1 MEMORANDUM GROWTH MANAGEMENT DEPARTMENT TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Growth Management Direct Robin Meyer, AICP, Assistant Director FROM: Britton Wilson, Senior Long Range Planner - DATE: March 3, 2009 SUBJECT: Request for a continuance of the adoption hearing for Comprehensive Plan Amendment Cycle 2009-1, formerly known as Comprehensive Plan Amendment Cycle 2008-2. Iwo Scheduled for the March 3, 2009 Board of County Commissioners agenda is the adoption hearing for the St. Lucie County Comprehensive Plan Amendment Cycle 09-1 (formerly known as 08-2). During this hearing, staff will be requesting a continuance of the 09-1 Amendment Cycle to April 21, 2009. There is one remaining item in the 09-1 Amendment Cycle, which is known as the "Cassens White City Grove," an application to amend both the Future Land Use Map and the text. Due to a recent reassignment of this project, a continuance is necessary to properly review and comply with the Department of Community Affair's issued Objections, Recommendations, and Comments (ORC) report, received by Growth Management on January 5, 2009. The requested continuance will afford staff the time necessary to address outstanding inconsistencies with the State Comprehensive Plan regarding water resources and public facilities; a process which requires coordination with the Ft. Pierce Utilities Authority. SUBMITTED: A40*ML -- Mark gatterlee, Director Growth Management Department cc: File BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: March 3, 2009 Convened: 6:00 p.m. Adjourned: 8:55 p.m. Commissioners Present: Chairperson, Paula A. Lewis, Charles Grande, Doug Coward, Chris Craft, Chris Dzadovsky Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Lauri Case, Utilities Director, Diana Lewis, Airport Director, Beth Ryder, Community Services Director, Mike Powley, County Engineer, Millie Delgado -Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the February 24, 2009 meeting. It was moved by Com. Grande, seconded by Com. Craft, to approve the minutes of the meeting held February 24, 2009, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. There are no proclamations/presentations scheduled for March 3, 2009, V. GENERAL PUBLIC COMMENT Mr, John Arena, Ft. Pierce resident, addressed the Board regarding the compromised integrity of the Indian River Lagoon. Mr. Brock Sharp, Camino Del Rio resident, addressed the Board in opposition to the Storage Facility proposed. Mr. Sharp pointed out several points the Board should consider. He also submitted a petition signed by the residents of the area objecting to the project. Ms. Ann Morrison, Spanish Lakes Homeowners Association representative, addressed i� the Board regarding the height of the structure and the truck traffic. Mr. Joseph Petroni, Port St. Lucie resident, addressed the Board regarding their approval of the Mosque project. Father Bernie Sheffield, Camino Del Rio resident, addressed the Board regarding the flooding problem in the area. He believes the size of the building is inappropriate for the area and will cause more drainage problems. Ms. Barbara Cooper, Camino Del Rio resident, addressed the Board and expressed her concerns with the size of the building and the drainage. VI. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Grande, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 22. The Board approved Warrant List No. 22. B, COUN Y ATTORNEY 1, Resolution No. 09-063 - Public, Educational, and Government Channels. 1 Request that the Board approve Change Order #3 for Dickerson Florida, Inc., for $50,738.00 resuting in a net increase to the original contract amount of $64,532.00 from $3,689,879,78 to $3,754,411.78, with an increase of 20 days to the contract time Changing the substantial completion date from June 6, 2009 to June 26, 2009, for the second phase of Runway 9L/27R and Taxiway construction at the St. Lucie County International Airport, The Board approved Change Order #3 for Dickerson Florida, Inc., for $50,738.00 resulting in a net increase to the original contract amount of $64,532.00 from $3,689,879.78 to $3,754,411.78, with an increase of 20 days to the contract time changing the substantial completion date from June 6, 2009 to June 26, 2009, for the second phase of Runway 9L/27R and Taxiway construction at the St. Lucie County International Airport and authorized the Chair or designee to execute the same. VII. PUBLIC HEARINGS GROWTH MANAGEMENT Request for continuance of the adoption hearing for Comprehensive Plan Amendment Cycle 2009-1, formerly known as Comprehensive Plan Amendment Cycle 2008-2 Ordinance No. 09-006 (formerly known as Ordinance No 08-030) Project Name: Cassens White City Grove Applicant/Agent: Terry L. Virta, AICP File No. FLUMA-420081453 / TCP- 420081454: Future Land Use Map Amendment from RS (Residential Suburban - 2 du/acre) to MXD (Mixed Use Development) Specific Use Area, adding Figure I- 7m and Sub -Area policy language. Consider staff recommendation to continue this item to April 21, 2009, It was moved by Com. Grande, seconded by Com. Dzadovsky, to continue this item on April 21, 2009, and; upon roll call, motion carried unanimously. B. GROWTH MANAGEMENT Consider the petition of Barol LLC for a waiver from the paving requirements of Section 7.05.07 of the St. Lucie County Land Development Code for the Minor Site Plan for the project known as "Horseshoe Grove." Draft Resolution No. 09-010 File No.: 720071270 Current Zoning: AG-5 (Agriculture - 1du/ 5 acres) Future Land Use: AG-5 (Agriculture - Idu/ 5 acres) Project Area: 40.51 acres Staff recommends adoption of Draft Resolution 09-010 denying the request. Mr. Johnathan Ferguson, Ruden McCloskey attorney for the applicant, addressed the Board on this item. He stated the two issues tonight were the paving issues. He believes the request for the internal road will only serve one of the lots and believes would not be necessary since the other two lots can be accessed by the canal right of way. It is more logical for the plat to be configured as they believe it should be and waive the paving requirement. They are asking for a reasonable interpretation of the County's Land Development Code and under the circumstances allow the sub -division to go forward with the right of way being stabilized proving emergency access to the one lot that does not front FIFA Road. The second issue is the paving of FFA Road. They do not disagree with the cost estimate by the County Engineer of $1.2 million; however they believe the cost can increase under circumstances. They are asking to be treated like the rest of the residents who live on the road that they are given the opportunity to pay If the county creates an MSBU. They are given the ability to participate in the special assessment district as the other homeowners in the area will be required to do. He believes they should not be treated as a big development. C. GROWTH MANAGEMENT The continuation of the petition of St. Lucie Self Storage, LLC for Preliminary/Final PNRD (Planned Non - Residential Development) Site Plan approval for the project to be known as St. Lucie Business Park Storage PNRD located in Lot #1 St. Lucie Business Park. The project is located on Business Park Drive, 610 feet West of US-1, and across US-1 from Mediterranean Avenue in a PNRD Zoning District. Draft Resolution No. 09-008 is attached. Staff is requesting that this petition be continued to April 7, 2009, at 6:00 PM or as soon thereafter. Com. Dzadovsky addressed the 2 swales in the area and questioned who owned each Swale. Staff advised Com. Dzadovsky and the Board there is a 30ft drainage easement on the business park property and the second Swale is on the other side by Spanish Lakes. The County does not own any of the swales. Ms. Noreen Dwyer, attorney for the applicant addressed the Board regarding this request for a continuation. Quasi Iudicial- Com. Coward acknowledged meeting with the applicant. He stated he had concerns with the compatibility issue in terms of the height of the project and the neighbors and recommended working on this issue if this was going to be continued and move forward. Com. Grande stated he concurred and would like to know the square footage for a single story storage facility half the size. Com. Dzadovsky stated he the compatibility of a 6 story structure is not in line or meets what is in the business park. Com. Coward stated he wanted to let the applicant know that if they wished to move forward with this project, they needed to work on the size of the structure and modify it if they wished to obtain his vote. It was moved by Com. Dzadovsky, seconded by Com. Grande, to continue this item to April 7, 2009 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. D. PUBLIC WORKS Sunland Gardens Phase II MSBU Second Public Hearing - Continued from the 2/17/2009 Board Meeting - Agenda Item # VII - B Consider staff recommendation to adopt Resolution No. 09-N8 (Attachment 1) to levy a non -ad valorem special assessment on the Sunland Gardens Phase II Municipal Services Benefit Unit; approve the preliminary assessment roll; amend the MSBU boundary; and authorize staff to proceed with construction of the project. Staff addressed the annexation issue brought forward by the residents in the area. Com. Grande commented on the fact he felt people need to be encouraged to apply for the SHIP fund assistance for this project as soon as possible. Com. Dzadovsky stated in speaking with a resident he was believed many of the Sunland Gardens residents did not qualify for assistance and could not afford the BOARD OF COUNTY COMMISSIONERS February 13, 2009 Ada F Johnson 4847 Selvitz Rd Fort Pierce, FL 34981-4808 Cassens White City Grove FLUMA-420081453 TCP- 420081454 GROWTH MANAGEMEN' The St. Lucie County Board of County Commissioners proposes to consider adoption of the following 09- 01 Cycle (Formerly Known As 08-02 Cycle) St. Lucie County Comprehensive Plan Amendments for transmittal to the Florida Department of Community Affairs. - In accordance with the St. Lucie County Land Development Code, you are hereby advised that Steve Cassens (Terry L. Virta & Associates, Inc., Agent) presented a petition to St. Lucie County for a proposed Large Scale Future Land Use Element Amendment for 38.05 acres more or less, located in St. Lucie County. If adopted, the change would amend the adopted Comprehensive Plan Future Land Use Map from RS (Residential Suburban — 2 du/acre) to MXD (Mixed Use Development) Specific Use Area, adding Figure 1- 7m and Sub -Area policy language to the Comprehensive Plan, for the following described property: Location: Northwest quadrant of West Midway Road & Selvitz Road, on the North side of Favorite Road Legal Description: Lots 4 and 5 in the Northeast Quarter (NE 1/4) of Model Land Company's Subdivision, of 11101111, Section 6, Township 36 South, Range 40 East, as shown by the plat thereof on file in plat Book 4, page 34 of the Public Records of St. Lucie County, Florida, less and excepting to canal and road right of way, And Lots 6 and 7 in the Northeast Quarter (V4) of Model Land Company's Subdivision of Section 6, Township 36 South, Range 40 East, being the same property described as: The West one halt (W 1/2) of the East one-half (E 1/2) of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 114); and the East one-half (E 1/2) of the West one-half (W 1/2) of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4); all in Section 6, Township 36 South, Range 40 East. All containing 38.05 Acres more or less. The public hearing on the petition will be held at 6:00 P.M., or as soon thereafter as possible, on Tuesday, March 3, 2009, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing. County policy strongly encourages your input and comment at the public hearing of this matter before the Board of County Commission, rattier than by contact outside of the scheduled public hearing. We encourage you to speak at these public hearings, or provide written comments for the record. The proceedings of the Board of County Commissioners are electronically recorded, If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such 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 CHRIS DZADOVSKY, District No. 1 o DOUG COWARD, District No. 2. PAULA A. LEWIS, District No. 3 • CHARLES GRANDE, District No. 4 • CHRIS CRAFT, District No. 5 County Administrator —Faye W. Outlaw, MPA Website: www.co.st-iucie.fws; 2300 Virginia Avenue - Fort Pierce, FL. 34882-5652 GROWTH MANAGEMENT PHONE (772) 462-2822 FAX- (772) 462-1581 BOARD OF COUNTY COMMISSIONERS GROWTH MANAGEMENT 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 Services Director at least forty-eight (48) hours prior to the meeting at (772) 462-1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above -described parcel, please forward this notice to the new owner. Please call (772) 462-2822 or email miloned@stlucieco.org if you have any questions, and refer to the project name and number listed above. Sincerely, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Paula A. Lewis, Chair Form No, 07-19 CHRIS DZADOVSKY, District No. 1 . DOUG COWARD, District No, 2 • PAULA A. LEWIS, District No. 3 • CHARLES GRANDE, District No. 4 • CHRIS CRAFT, District No. 5 County Administrator— Faye W. Outlaw, MPA Website:www.co.st-Juciefl.us 2300 Virginia Avenue - Fort Pierce, FL, 34982-5652 GROWTH MANAGEMENT PHONE: (772) 462-2822 FAX, (772) 462-1581 Parcel ID TaxRollOwnerl TaxRollOwner2 Address State ZipCode 340650100270008 Ada F Johnson 4847 Selvitz Rd FL 3498' 8 340650100050008 Angela L Massa 105 Wheatsville Ct NC 28464 340650300040007 Barbara J Swegles 4311 Favorite Rd FL 34981-4810 340650100040001 Chester C Kuro Nellie R Kuro 1549 Pheasant Walk Apt FL 34951 340650100250004 Dan L Zollinger Melanie F Zollinger 4221 Favorite Rd FL 34981-4810 340650100050008 David Ortega Rose Ortega 3851 SW Ruark St FL 34953 340650100280005 Elio J Hernandez Ruth V Hernandez 4861 Selvitz Rd FL 34981-4808 340650200060008 Fort Pierce No 2 Llc 2101 NW 110th Ave FL 33172 340650200070005 Fort Pierce No 3 Llc 2101 NW 110th Ave FL 33172 340650100060005 Fred O Smith Tammie G Smith 4339 Favorite Rd FL 34981-4810 340650300040007 James L Kuro Chester C Kuro Jr 3445 Fox Hollow Way GA 30024 340650300030000 Kyle Bradfield Rhonda Bradfield 234 NW Pleasant Grove FL 34986 243141100010009 Midway Properties Of St Lucie 161 N Causeway Ste 8 FL 32169-5300 340650100040001 Nellie R Kuro 1549 Pheasant Walk Ap-, FL 34951 340650100145009 New Horizons Of The Treas Cst 4500 W Midway Rd FL 34981-4823 340650100120000 Norma F Cassens Steven D Cassens PO Box 613 FL 34954-0613 100000000000000 NSLRWMD 2721 S Jenkins Rd FL 34981 340650100020007 Ray H Taylor Carlotta J Taylor 4605 Selvitz Rd FL 34981-4806 340650300020003 Resident 4375 Favorite Rd FL 34981 340650100020100 Robert J Arend PO Box 12176 FL 34979-2176 340650100070002 Shamy Tommie Wanda G Tommie 4280 Favorite Rd FL 34981-4809 340650100140107 United States Postal Service 5000 W Midway Rd FL 34981 340650100030004 Vincent Frias Maria Guinto Frias 4703 Selvitz Rd FL 34981-4806 340650100080009 Virginia N Going 4242 Favorite Rd FL 34981-4809 340650100110003 !White City Grove Inc PO Box 613 FL 34954-OF1 n Applicant Steve Cassens 3180 N Kings Hwy FL 34951 Agent Terry L. Virta, AICP 3101 Park Ave FL ,004 33404 S7. LllCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA Match 3, ZD09 ROME pF LN"N" TO CONSIDER ADOPLON Of AMFNOMINIS t0 THE f0i ii LONG USE tLEMfNi Of THE 67. LUCIE DOUNIT LOMPMENINSIVE PLAN OROINANCI N0. 19000 (romnr(R.AY• ualM,nf Deo3o) IAf il. lwN L.YPN {Aard 11 C..dy CO-4.6". P1y01u to riiel eNp7iM 1 IAe bNalUee A901 q,N Efe11M11J A,IYA D7 htlt) il. lulu Ge.nty ArNDrlRewhR Ih. AmlAemaAll for IraaiMq,) I. Ipe fINMa Dlp IAnIM N GnpyAlh AUrNs.' OROIMARCI Np.Of.Op6 (hmhh Nnsnas orrrntaoaeo3p ' AN OA0INAMQ OF iNE IOARO Df COUNTY COALM165M7Nfgd DF 6L LU....... II LDUMtt, NOAIOA, AMINOWC TIRE ADOJHX1 LOMMfNFHSIVE PLAN FUTURE LAND USE NAP FOR A -,H. ACN( (M.O. L) PARCEL Of LA Up FROM AS tRISIOFNIML sU{UIWAN - t OwIttim6 UNITS PEA ACREI o IA0 INDHO USE DEVELOPMINT) iPAGf7C USE AA x AND AMfNoINO policy 1.1,1.0 OF THE FUJURl LAND (IEMENT 70 aLIUOE FIGURE 1 IN MEN USE SE IEO SUS-ARf1 IOIME FOR coil" TiNg PIRB f7NDM0i; IRDYIDINO FOR CONILICUNG VIDING FOR APPL) We FGR PROVIDNGI/F A FILL lGO /DA ApIUCAIIIIIy, PROVIDING FDA FILING WIIN THE FLORIDA OEIAATMENI OJ SIATF; PA01101M6 pA FILING WIIN M[ /I DAIDA DEPART WE W COMMUNIir AfSAnts, PROVIDING FOR AN EFFECTIVE DATE; AND FROV10M0 FDA iconick. APPLkANL Str.l C—, (TMy L, Yah S Aa[ailtu. Itt- AOmp FILE AMAIN: ILUM-420041463 ITCP 12006115/ LKA OFSCNI►HDN IN, I I. Mttq NOaMasl Owrter iN[ 1:/) 01 MW q Lsnd Conptry's 6u00inUoo, OI Sullon E, Woe mp3d SPum.RarO• W GN,vs/0•tnglkpalihnfe! toe 0N1 BeP11. DaDf ie oIIMIVIkRItad[ a LL LUFN up LOUM6 pro I in uN N gwlauaw ur(lryaof Awe lard CO 1-0 Suidwo, 07 lul win 6, 14) f A Se 6axR. R,r7p. A0 ENT. MNq IAt ON, aogro duwikd as' Ina IYu1 M. 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NOR PANY blot aoeefONp, NrNAdwh lalilyiMp Ownp I kNurp Hd klwan h Arypaal7olk paredM wMk OrlaNe an Dplerlasly l0 aDu-uaMn aIp MdNival lullirlMO OurinD m'A.p upal nWesl lit {aWIM apklaaY.a PN.m6N, mry kI.Alk, lwm NP1t to lvnou mIYk-'Fury toa wk4edvi, Anrar non a QIaORIr IaWiMq FprnmmowUen w Ilual IAh RNaiNp Floyd oaaaa bt 61 loci, County Canmunip' S7MaI DINaw at kw raly<fpM 1/0) b." pria 1P uk Mellsip a1777/1C2-1777 N, LOD, 1711462-I424. ROANE) OF COUNTY COMMISSIONERS ST. LUC" COUNTY, FLORIOA /S/PAULA A, LEWIS, CHAIR PUBLISH DATE: FebrUwy 17. 2009 F LU MA-420081453 A petition of Steve Cassens (Agent, Terry L. Virta & Associates, Inc.) for a proposed large scale Future Land Use Map Amendment from RS (Residential Suburban - 2 du/acre) to MXD (Mixed Use -Specific Use Area) for 38.05 acres more or less �. �.7;. �7.^y"�,.r�.�;r��;•��. •,y �"w ,Mv y��� yr A � y. y �.�'�`MY+ ,•ey q.y r, � .+ err, �•.-. 1� � d � I^ . .•" M r _�K�.. _� v1._v v:MV� w ,�-. r• a� w ...n^.�.y r'`ss •�'n �rC��� `�wA �,ea �,..iC•�►• w�� •.'� ��� •M` r•��w.M_` ^'�. .M .. .M'y •h' �, 'r`..r M �•h �. �rSn �•'n. .. �. �.. r. �r•a ^,."� "' A ''^..^ r'1, .+a„ •'1.. o r^, •'a. 'r' i�: ti i."�' • � 'r • A t �,.�""' wti 'w' t '" •w' L •i: � �r.. •i. ` ^ •i. ,^e•t. ^. � ia` �: "''+w..� � r�,•^'r' � Y •~./�`�. �„r. � ti • � L ��v ���v..�: +1,..:'�v� �v. r� �. v���v�1�Y♦ �v�ti�v�;��v .�v�y�v��►�. �^v.!��v..�r`, v\� r M � :"�^` rA� /wy .�3`. •s.^•.r+`. � ,y .'+.. ^:^ ..: 'L rti w Js. •l. "^ r � •,•+. ,.w';,,,.�.. �. •.. w.�.."' •w"' •,.w"' y-." 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Pierce; �N �rorrf araxgpn„rarn..mr^ City of Port St. Lucie Map prepared July 18, 2008 7 Table of Contents St. Lucie County Comprehensive Plan Amendments Transmittal Letter to Ray Eubanks, Department of Communitv Affairs Draft Ordinance Number 08-030 Citizen Courtesy Information List Planning & Zoning/Local Planning Agency Public Hearing ,Sept. 9, 2008 2008-02 Cycle Advertisement Planning & Zoning /Land Planning Agency Public Hearing Published August 8 and August 27, 2008 - Minutes from the Sept. 9, 2008� Planning & Zoning /Local Planning Agency Public Hearing Citizen Courtesy Information List Board of County Commissioner Public Hearing October 7, 2008 Advertisement Board of County Commisioner Public Hearing Published September 24, 2008 Minutes from the October 7, 2008 Board of County Commisioners Public Hearing Minutes St. Lucie County Adopted Procedures for Public Participation Cassens White City Grove Comprehensive Plan Amendment Cycle 2008-02 FLUMA420081453 and TCP420081454 BOCC Meeting, October7, 2008 Agenda Package Planning & Zoning Meeting, Sept.9, 2008 Agenda Package Required Maps (Rule 9j-11.006(1)(b) N/A 7 Transmittal Letter Ray Eubanks Florida Department of Community Affairs %1�, )ARD OF COUNTY COMMISSIONERS October 24, 2008 ��,-- COUNTY • F 1. O R I D A Ray Eubanks, Plan Processing Administrator Division of Community Planning Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 Re: Transmittal of St. Lucie County proposed Comprehensive Plan Amendment(s) Cycle 2008-02. Dear Mr. Eubanks, Enclosed is one (1) copy of the transmittal package containing a staff report for the proposed amendment(s) to the St. Lucie County Comprehensive Growth Management Plan. Also enclosed are two (2) copies on compact disc. The following amendment(s) were proposed but not transmitted (9J-11.011(5)(a)5, F.A.C.); Ordinance 08-029 Project Name / Applicant: John M. Dunn File No. FLUMA-120081386: Future Land Use Map Amendment from AG-5 (Agricultural-5 — 1 du/5acres) to MXD (Mixed Use Development) Specific Use Area, amending Figure 1-7i of Policy 1.1.7.3 of the Comprehensive Plan Ordinance 08-027 Project Name: Bayberry Properties Applicant / Agent: Land Design South File No. FLUMA-420081465: Future Land Use Map Amendment from RU (Residential Urban — 5 du/acre) and COM (Commercial) to MXD (Mixed Use Development) Medium Intensity, amending Figure 1-7f of Policy 1.1.7.3 of the Comprehensive Plan In accordance with 9J-11.006(1)(a)(b)(c) and (d) Florida Administrative Code, St. Lucie County will also send copies of the proposed plan amendment(s) to the other various reviewing agencies. The amendment report(s) are being transmitted to meet the requirements of Chapter 163.3184(3), Florida Statues, and Chapter 9J-11.006, Florida Administration Code. In accordance with Chapter 163.3184(6), we are requesting that the 'OSEPH E. SMITH, District No. 1 • DOUG COWARD, Disrrict No. 2 • PAULA A. LEWIS, District No. 3 • CHARLES GRANDE, District No. 4 • CHRIS CRAFT, Disrricr No. 5 LCounry Adminisrroror - Douglos M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 • Planning: (772) 462-2822 GIS/Technical Services: (772) 462-1553 Economic Development: (772) 462-1550 Fox: (772) 462-1581 Tourist Development: (772) 462-1529 • Fox: (772) 462-2132 www.co.st-lucie.fl.us October 24, 2008 Mr. Ray Eubanks, Plan Processing Administrator Division of Community Planning Florida Department of CommunityAffairs Page 2 of 3 Florida Department of Community Affairs review and prepare an ORC report for the enclosed transmittal package, which includes one (1)Future Land. Use Map Amendment and one (1) Text Amendment adding Figure 1-7m for the proposed MXD area and providing sub -area policy language to the same Ordinance (08-030): Cassens White City Grove, FLUMA-420081453 (Future Land Use Map Amendment) Cassens White City Grove, TCP-420081454 (Text Amendment) After I �qjng duly advertised in the Fort Pierce Tribune and the Port St. Lucie News' on Ac uff 9 2008 and August 27, 2008 (public hearing rescheduled, clue to Tropical Storm Faye) the Planning & Zoning Commission/Land Planning Agency reviewed F1.UMA- 420081453 and TCP420081454 (Draft Ordinance Number 08-030) on September 9, 2008 and voted unanimously (9-0) a recommendation of approval to the Board of County Commissioners. The Board of County Commissioner transmittal public hearing for the amendment(s) was duly advertised in the Fort Pierce Tribune and the Port St. Lucie dews on September 24, 2008.0n'October 7, 2008 the Board of County Commissioners unanimously voted to transmit the proposed amendment(s) FLUMA-420081453_ and TCP-420081454 (Draft Ordinance Number 08-030) to the Florida Department of Community Affairs. St. Lucie County anticipates adopting the Comprehensive Plan Amendment(s) Cycle 2008-02 in December 2008. The proposed amendment approved for transmittal to DCA by the Board of County Commissioners is not within an Area of Critical State Concern nor is it located within Orange, Lake or Seminole Counties and is not subject to the Wekiva River Protection Area. The transmitted amendment is not being adopted under a joint planning agreement. This plan does not include any optional elements. A copy of the procedures for public participation that have been adopted by the. Planning & Zoning Commission/Local Planning Agency and the Board of County Commissioners in accordance with section 163.3181, F.S. Rule 9j-5.004, F.A.C. is attached. Copies of the Citizen Courtesy Information List for the above mentioned public transmittal hearings are included in the package.(9j-11.015(5)(b)4 and 163.3184(15)(c), F.S.) (Section 163.3184(8)(b)2, F.S.). The analysis report in this packet includes the staff and Planning and Zoning/Land Planning Agency recommendations and the transmittall actions of the Board of County October 24, 2008 Mr. Ray Eubanks, Plan Processing Administrator 1�► Division of Community Planning Florida Department of Community Affairs Page 3 of 3 Commissioners. The report format meets the requirements of the Comprehensive flan Amendment completeness checklist prepared by the Florida Department of Community Affairs. Copies of the proposed plan amendment(s) have been sent to the Treasure Coast Regional Planning Council, South Florida Water Management District, Department of Environmental Protection, Department of State, Office of Tourism, Trade and Ecor amic Development, Florida Department of Transportation District Four, Fish and Wildlife Conservation Commission, Department of Agricultural and Consumer Services, Florida Department of Education, Town of St Lucie Village, City of Fort Pierce Planning Division, Martin County Growth Management, Indian River County, Planning Division, and the City of Port St. Lucie Planning Division. Thank you for your assistance. If you need additional information or have questions, please contact me at 772-462-1582 or e-mail jonespt'd) ducieco.gov. The proposed transmittal of St. Lucie County proposed Comprehensive Plan Amendment(s) Cycle 2008-02, with all information submitted to the Department of CommunityAffairs is available for public inspection during normal business hours in the St. Lucie county, Growth Management Department, 2300 Virginia Ave, Fort Pierce, Florida 34982. The transmittal of St. Lucie County proposed Comprehensive 'Plan %W Amendment(s) Cycle 2008-02 with all information submitted to the Department of Community Affairs can. also be viewed on line at stlucieco.govfgrowth under the "Publications and Applications" link. v `V ti eter W. Janes AIA Planning Manager cc: (complete package on disc) Wendy Evans, Administrative. Assistant 11 Tracy D. Suber, Education Consultant Jim Quinn, Environmental Manager Susari Ham. Historical Preservation Planner Mary Helen Blakeslee, Chief Analyst Gerry O'Reilly, Dir. of Production and Planning Terry L. Hess, A.I.C.P., Planning Director Jim Jackson, A.1.C.P. , Senior Supervisor Planner Planning Director Planning Division Nicki van vonno,Growth Management Director Daniel Holbrook, Director, Planning &Zoning Stan Boling, Planning Division Director Department of Agriculture and Consumer Services Department of Education Department of Environmental Protection Department of State Florida Fish and Wildlife Conservation Commission Office of Tourism, Trade and Economic Development Department of Transportation District Four Treasure Coast Regional Planning Council South Florida Water management District Town of St. Lucie Village City of Fort Pierce Martin County City of Port St, Lucie Indian River County October 24, 2008 Mr. Ray Eubanks, Plan Processing Administrator Division of Community Planning Florida Department of Community Affairs Page 4 of 4 cc (letter only): St. Lucie County, Board of County Commissioners Douglas Anderson, St. Lucie County Administrator Faye Outlaw, St Lucie County Assistant Administrator Lee,Am Lowery, St. Lucie County AssistantAdministrator Daniel McIntyre, St. Lucie County Attorney Mark Satterlee, St. Lucie County, Growth Management Director Peter Buchwald, Sty Lucie Transportation Planning Organization Director Draft Ordinance Number 08=030 ORDINANCE NO. 08-030 2 FILE NO.: FLUMA-4200814M / TCP-42 081454 3 4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF 5 ST. LUCIE COUNTY, FLORIDA, AMENDING THE ADOPTED 6 COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR A 38.06 7 ACRE (M.O.L.) PARCEL OF LAND FROM IRS (RESIDENTIAL 8 SUBURBAN — 2 DWELLING UNITS PER ACRE) TO MXfl QWXED USE 9 DEVELOPMENT) SPECIFIC USE >AREA; ANC3, YAK NG' POLICY 10 1.1.7.3 OF THE FUTURE LAND USE ETO FIGURE 11. 1-7M AND PROVIDING SUS --AREA POLICY E- ' PR6J►V DING 12 FINDINGS; , PROVIDIs FOR CQNF PR®VrISIbiS; 13 PROVIDING FOR SEVERABILITY PROM FOR [CA8(LLTY; 14 PROVIIDMIG FOR FILING WITH THE F " DE, OF 15 STATE;' PRQVIDING FOR FILING WI ORIUA TMENT 16 OFMMUNITY AFFAiIRSr PROVID FOR EFFEC , 17 AND PROVIDING FOR ADOPTION. "- 18 19 WHEREAS, the Board of County Commissioners of S e County, Florida, based on the 20 testimony and evidence, including bu t limited to,the eport, has made the following 21 determinations: 22. 23 1. Terry L. Virta, AICP, Terry L. Virta ijInc., (hereinafter referred to as r kw 24 the "Applicant") has filed petition` fo n e adopted Comprehensive' 25 Plan Future Land ent fora acre ( less) parcel of land, located 26 north of idlest and west elvitz ,from Residential Suburban (RS 27 — 2 dwelling , per to Mixed a (MXD) Specific Use Area with St. Lucie 28 County,, Fl ccord` with Cha > Florida Statutes; and, 29 30 2. The B if Coup „ Lucie County as the governing body of St. 31 Lu µ on ove s application pursuant to Chapter 161:.Florida 32 empowered to consider amendments to the adopted 33retensive St. unty; and, 34- 35 3. O , 2008, the Lucie County Development' Review Committee ("DRC")' met to 36 dis standing and concerns regarding the petition for Future Land Use 37 Map wt; a 38 39 4, On June 2, Growth Management Department sent a letter to the Applicant 40 listing outsta issues and concerns regarding the petition for Future Land Use Map 41 Amendment; and, 42 43 5. On September 9, 2008 ,the St. Lucie County Planning and Zoning; Commission/ Local 44 Planning Agency, held a public hearing, of which due notice was published in the Ft. 45 Pierce Tribune and the Port St. Lucie News and recommended to the Board of County 46 Commissioners that the petition for Future Land Use Map Amendment` for Cassens 47 White City Grove be (approved)(denied); and, 48 `. 49 6. On October 7, 2008, the Board of County Commissioners of St, Lucie County, Florida, Fite No.: FLUMA-42ON14531 TCP-420081454 Ordinance 08-030 Cassens MXD Draft October 7, 2008 Page 1 I held a public hearing for transmittal of the Comprehensive Plan Amendment to the 2 Department of Community Affairs, of which due notice was published in the Ft. Pierce 3 Tribune and the Port St. Lucie News on the petition for Future Land Use Map 4 Amendment for Cassens White City Grove, and heard and considered additional 5 testimony on the proposed Future Land Use Amendment for this property; and, 6 7 7. On October 7, 2008, the Board of County Commissioners of St. Lucie County, Florida, 8 authorized the transmittal of this petition to the, Florida Department of Community 9 Affairs for further agency review in accordance with the provisions of Chapter 163, 10 Florida Statutes. 11 12 NOW, THEREFORE, BE IT ORDAINED by the Board rity Commissioners of St. 13 Lucie County, Florida: 14 15 A. AMENDMENT TO FUTURE LAND USE DESIG:i!04 16 17 The Future Land Use Designation set forth i� theA IS the property described in Exhibit 'A", attached 19 located on the northwest quadrant of West M-7a 20 Favorite, . Road, and owned by White City Grove, Inc., 21 Suburban) to MXD (Mixed Use Development) Spe 22 Exhibit'B". 23 24 B. AMENDING POLICY 1.1.7.3 OF 25 TO ADD FIGURE 1-7M. 26 27 Policy 1.1.7.3 of the St. LudlIftuntv Future tLs 34 35 C. 36 JWME C UO"NIPIK 6MPREMENSIVE PLAN be amended as follows: horized to be added to the figures included own in Exhibit "B." areas as indicted in the following sub -area in Figures 1-7a thru 1-71 m." rS TO 37 TO THE S MXD SPECIFIC USE AREA, FIGURE 1-7M. 38 39 Use eas within this Mixed Use Activity Area are restricted in use to 40 the of the COM and IND Land Use designations as described in the 41 Future nd Use Element unless otherwise amended 'through the 42 Corripr ensive Plan Amendment process. IND uses shall be limited to 310,800 43 square feet of gross building area; COM uses shall only be ancillary to IND 44 uses. 45 46 0 Development on this site shall be approved through the Planned . Non- 47 Residential Development process, and shall include appropriate open space 48 and buffers adjacent to residential uses. Access to development shall be 49 provided from the west via Favorite Road. I-W) He No.: FLUMA-420081453 / TCP-420081454 Ordinance 0"30 Cassens MXD Draft October 7, 2008 Page 2 1 w 1 D. FINDING OF CONSISTENCY 2 3 The Board of County Commissioners of St. Lucie County, Florida, specifically determines that 4 the approval of this amendment to the adopted Comprehensive Plan Future Land Use 5 Element is internally consistent with the policies and objectives contained in the St. Lucie 6 County Comprehensive Plan and consistent with standards for review of plans and plan 7 amendments of Rule 9J-5 Florida Administrative Code, and provides •for the recognition that 8 impacts of this approval on the public facilities of St. Lucie County will not occur until such time 9 as a Final Development Order for development on this property is issued. 10 11 E. CHANGES TO FUTURE LAND USE MAPS 12 13 The St_ Lucie County Growth Management Director is he 14 these changes to be made in the FutureLand Use Map i 15 St. Lucie County Comprehensive Plan and to make 16 adoption of this Ordinance. 17 18 F. CONFLICTING PROVISIONS 19 20 Special acts of the Florida Legislatu 21 County, County Ordinances and Cc 22 Ordinance are hereby superseded by 23 24 G, SEVERABILITY 25 `r 26 If any portion of this Ordinance is f 27 inoperative or void, such stag . 28 ,. , this Ordinance or,an ov 29 property 30 property 31 32 H. I 33 34 This O or circum 35 36 !. 37 38 The Clerk is 39 of Laws, Departt 40 41 J. FILING 1A StWITH THE At Q of rein the of •e applicable on s _ _ coricrated areyof:Lucie unty Resolutions; s thereof, in conflict with this inance to the of such conflict. )r any s red to be unconstitutional, II not a e remportions of this Ordinance. If f Valkbe held tf be inapplicable to any person, saffect its applicability to any other person, gd in Paragraphs A, B and C. OF STATE rith to send a certified copy of this Ordinance to the Bureau Capitol, Tallahassee, Florida, 32304. OF COMMUNITY AFFAIRS 42` 43 The Growth Management Director shall send a certified copy of this Ordinance to the 44 Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 45 32399-2100. 46 47 K. EFFECTIVE DATE 48 49 This Ordinance shall take effect upon the issuance by the State Land Planning. Agency of a 50 Notice of Intent to find the adopted amendment in compliance in accordance with Section `r 51 163.3184(9), or Section 125.66(4)(a), Florida Statutes, or upon the Administration File No.: FLUMA-420081453 / TCP420081454 Ordinance 08-030 Cassens MXD Draft October 7, 2008 Page 3 l 2 3 4 6 7 8 9 1, 10 l 11 12 13 14 e 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 , Commission issuing a final order finding the adopted amendment in compliance in accordance with Section 163.3184(10). L. ADOPTION After motion and second, the vote on this Ordinance was as follows; Chairman Joseph E. Smith XXX Vice -Chairman Paula A. Lewis XXX Commissioner Doug Coward xxx Commissioner Charles Grande Commissioner Chris Craft PASSED AND DULY ADOPTED this day BOARD O MISSIO ERS ST. L COUNTY. FLORIDA Fite No.- PLUMA-420081453 I TCP-420081454 October 7, 2008 (EDAS TO FORM CORRECTNESS "-vulmy rNwil I1Gy Ordinance 08-030 Gassens MXD Draft Page 4 W 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Exhibit "A" LEGAL File No.: FLUMA-420081453 J TCP-420081454 October 7, 2008 Ordinance 08-030 Cassens MXD Drag Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 LEGAL DESCRIPTION LOTS 4 AND 5 IN THE NORTHEAST QUARTER (NE 1l4) OF MODEL LAND COMPANY SUBDIVISION, OF SECTION 6, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS SHOWN 8 THE PLAT THEREOF ON FILE 1N PLAT BOOK 4, PAGE 34 OF THE PUBLIC RECORDS C ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPTING TO CANAL AND ROAD RIGHT C WAY. LAND LOTS 6 AND 7 IN THE NORTHEAST QUARTER OI MOD D COMPANY' SUBDIVISION OF SECTION 6, 'TOWNSHIP 36 S ,RANGE 40 EAST, G THE SAM PROPERTY DESCRIBED AS: THE WEST +0 (W 1 OF THE EAS -HALF 1l2) OF THE NORTHWEST QUARTER (NW 1/4) O EAST QUA ER (NE 1/4 AND THE EAST_ ONE-HALF (E 14JLDF THE W NE -HALF (W 1/2) OF TH NORTHWEST QUARTER (NW 114) NORTHER ARTER (NE 114); ALL I'' SECTION 6, TOWNSHIP 36 SOUTH, ,. ALL CONTAINING 38.05AMER&MORE OR Fite No.: FLUMA-420081453 / TCP-4200814544 October 7, 2008 Ordinance 08-030 Cassens MXD Draft Page 6 FrA 1 2 3 4 5 Vlj I Exhibit "B" Fife No.: FLUMA-420081453 / TCP-420081454 October 7, 2008 MAPS Ordinance 08-030 Cassens MXD Draft Page 7 Citizen Courtesy Information List Planning & Zoning/Local Planning Agency Public Hearing Sept. 9, 2008 Plan Citizen Courtesy Information List Page 1 of I Comprehensive Plan Citizen Courtesy Information List Local Government:&"Z'V1qZ' # '// I"/ - T-- Hearing Date q0 Type Hearing: Transmittal (Prod) rolre}ept- DCA Amendment Number: (>xA official Use) Please Print Clearly By providing your name and address you will receive information concerning the date of publication of the Notice of Intent by the Department of Community Affairs, Check Citizen Address, City, Appropriate Identify Amendment Name State, Zip Code Response(s) which is of Interest Written Spoken Comment Comment I x e C� rc ;1 e Fq-3r) 5 Favor-`ic�90 L_3L19"j file://H:\Dawn\Comp Citizen Courtesy Information List.htm 9/8/2008 LIM Advertisement Planning & Zoning /Land Planning Agency Public Hearing Published August 8 August 27, 2008 I St. Lucie County 2 Planning and Zoning Commission/Local Planning Agency 3 Commission Chambers, 3rd Floor, Roger Poitras Annex 4 September 9, 2008 Regular Meeting 5 6:00 P.M. 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 A compact disc recording of this meeting, in its entirety, has been placed in the file along with these minutes as part of the record. In the: event of a conflict between the written minutes and the compact disc, the compact disc shall control. 1. CALL TO ORDER Chairman Caron called the meeting to order at 6:00 p.m. A. Pledge of Allegiance B. Roll Call Susan Caron ...........................Chairman Craig Mundt..........................Vice Chairman Bryan Beaty .........................Board Member Brad Culverhouse ...................Board Member Pamela Hammer ..................... Board Member Edward Lounds ......................Board Member Stephanie Morgan ..................Board Member Barry Schrader .... ..................Board Member Britt Reynolds ........................Board Member Members Absent Kathryn Hensley ....................Ex-Officio Others Present Mark Satterlee........................Director, Growth Management Dept. Robin Meyer .......... ................Assistant Director, Growth Management Dept. Heather Young ....................Assistant County Attorney Kristin Tetsworth ...................Planning Manager Aneela Ansar..........................Senior Planner Peter W. Jones, AIA...............Planning Manager C. ANNOUNCEMENTS None. D. DISCLOSURES The following Board members disclosed that they had discussions with Ms. Terissa Moulder -Aronson regarding her rezoning request: Ms. Morgan, Mr. Culverhouse, Mr. Reynolds and Mr. Beaty. Ms. Caron disclosed that she received a phone call from a resident (although she does not remember the name of the person) who expressed some concerns. 1 2 U. 3 MINUTES Review the minutes from the July 17, 2008 regular meeting, for appraval. 4 5 Mr. Culverhouse motioned approval of the minutes; Mr. Schrader seconded. 6 7 Ms. Hammer noted that on page 7, line 30 the word "than" needs to be corrected 8 to read "that." 9 10 The motion carried unanimously to approve as amended. 11 12 111. PUBLIC HEARINGS 13 14 A. William Bessemer: RZ 420081449 Petition of William Bessemer for an Amendment to the Official Zoning l= 15 16 Atlas to change the zoning from the RM-5 (Residential, Multiple -family — 17 5 dulac) Zoning District to the AR-1 (Agricultural, Residential —1 du/ac) 18 Zoning District. 19 20 Ms. Aneela Ansar presented this item and displayed a power point 21 presentation. Ms. Ansar explained that the subject parcel is located east of 22 U.S. 1 and Prima Vista Blvd. on the south side of Tilton Road at 1103 23 Tilton Road. The purpose of the rezoning is to maintains the character of 24 the neighborhood and to ensure the present and future use continues rural 25 with large lot single-family homes for the foreseeable future. if 26 27 Staff is recommending approval. 28 29 Tyson Waters, Esq., representing the applicant, addressed the Board 30 explaining that he concurs with staff s recommendation. 31 32 Ms. Caron opened the public hearing; no one from the public spoke and 33 the public hearing was closed. 34 35 Mr. Schrader motioned that the Planning and Zoning Commission 36 forward this application to the St. Lucie County Board of County 37 Commissioners with a recommendation of approval. 38 39 Mr. Culverhouse seconded. 40 41 Roll Call 42 Mr. Reynolds — yes 43 Ms. Morgan — yes 44 Mr. Lounds - yes 45 Ms. Hammer — yes 46 Mr. Beaty — yes 2 I Vice Chairman` Mundt- yes 2 Mr. Culverhouse - yes 3 Mr. Schrader- yes 4 Chairman Caron - yes 5 6 The motion carried unanimously. 7 8 B. 17* Street Church of God: #2Z 920071319 9 Petition of 1 Street Church of God for an Amendment to the Official 10 Zoning Atlas to change the zoning from the RF (Religious Facility) 11 Zoning District to the RS-4 (Residential, Single -Family - 4 du/ac) Zoning 12 District. 13 14 Aneela Ansar presented this item and displayed a power point 15 presentation. Ms. Ansar explained that the subject parcel is located onthe 16 west side of N. 43`d Street approximately 152 feet south of San Diego 17 Avenue. The purpose of the rezoning request is to assist the church to sell 18 the property for single-family development in order to make 19 improvements to the church at another location at 802/806 N. 17I' Street. 20 21 Staff is recommending approval. 22 23 Neither the applicant nor their representative was in attendance at 24 tonight's meeting. 25 26 Ms. Caron opened the public hearing. 27 28 Ms. Veronica Dillingham, a resident of N. 43`d Street, questioned the size 29 of the congregation of the church and the percentage of their membership 30 within the community. 31 32 Ms. Ansar answered by explaining that the church will not be opening a 33 facility at this location. 34 35 No one else from the public spoke and the public hearing was closed. 36 37 Mr. Beau motioned that the Planning and Zoning Commission 38 forward this application to the St. Lucie County Board of County 39 Commissioners with a recommendation of approval. 40 41 Ms. Morgan seconded. 42 43 Roll Call 44 Mr. Reynolds - yes 45 Mr. Schrader - yes 46 Mr. Lounds - yes 3 1 Ms, Hammer — no (because she would have liked to have seen an 2 Environmental Impact Report first since the land is environmentally 3 sensitive) 4 Mr. Culverhouse — yes 5 Vice Chairman Mundt — yes 5' Ms. Morgan - yes 7 Mr. Beaty — yes g Chairman Caron yes 9 10 The motion carried 8-1 with Ms. Hammer dissenting, 11 12 C. Tersa Moulder -Aronson RZ 520081470 13 Petition of Terissa Moulder -Aronson for an' Amendment to the Official 14 Zoning Atlas to change the zoning from the, RS-4 (Residential, Single- 15 Family - 4 dulac) Zoning District to the CN (Commercial, Neighborhood li_ Zoning District. 17 18 Ms. Kristin Tetsworth presented this item and displayed a power point 19 presentation. Ms. Tetsworth explained that the subject parcels are 20 described as Lots 30, 32 and 33, Block 2, First Replat in River Park Unit 21 One. 22 23 The purpose of the rezoning is to allow a change in zoning from single- 24 family residential to a neighborhood commercial use. The uses allowed 25 under the current zoning are no longer viable at the corner of US Highway 26 ` 1 and Rio Mar Drive. '7 z 28 Ms. Tetsworth went on to explain that there is a.River Park Overlay 2District along Prima Vista Blv g d. that contains certain restrictions and 9 constraints. it requires that the commercial uses, at certain intersections of 30, 31 this area, be designated as PNRD (Planned Non -Residential 32, Developments). It allows for commercial neighborhood uses and 33 commercial general uses. The PNRD zoning district, would allow the 34 County to use better planning practices and control of buffering, egress 35 and ingress, access points, on -site parking requirements, signage and 30 lighting requirements. 37 38 Staff is in support of changing the zoning on these parcels, but would like 39 to recommend a different zoning district. The County is trying to promote 40 smart growth. 41 g this item be continued to allow time for 42 Staff, therefore, is recommendin 43 the applicant to work together with the Growth Management Department 44 to either revise the application to request a PNRD or pursue an Overlay 45 Zone through the Comprehensive Planning process. 46 4 J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24_ 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Ms. Terissa Moulder -Aronson, the applicant, addressed the Board and explained that they are unable to attract buyers andlor developers as it is currently zoned residential. The costs associated with doing a PNRD would be too much for the residents at this time. Ms. Moulder -Aronson submitted a petition signed by surrounding commercial property owners in favor of this rezoning. There were discussions between Board members and staff with, regards to the straight zoning of Commercial Neighborhood versus staff s, suggestion of a PNRD. Staff reiterated that a PNRD would enable the County to do more prudent planning and have control over buffering requirements, egress and ingress, control over access points, on -site parking requirements, signage and lighting requirements. Ms. Moulder -Aronson explained that there is a letter in the Board's packet from Mr. and Mrs. Gomez who own the property directly behind these lots and they are in favor of this rezoning. Ms. Caron read that letter into the record. Ms. Caron opened the public hearing. The following members of the public spoke in opposition of this rezoning: John Ray and Ann Law (stating concerns such as increased traffic congestion, as well as the fact that there are numerous commercial buildings that are vacant and commercial businesses who are no longer in business in the area). No one else from the public spoke and the public hearing was closed. Discussions between Board members and staff continued. Ms. Hammer noted that she supports the PNRD zoning as suggested by staff and feels there are a lot of issues that need to be worked out and a site plan is needed. Several other Board members expressed the same opinion. Staff also pointed out that with the straight zoning of Commercial Neighborhood very few applications come before the Growth Management Department. Most just apply to the Building Department. Ms. Hammer motioned to continue this application to the March 19, 2009 Planning and Zoning Commission meeting to allow staff to work with the applicant towards a concept of the PNRD. Mr. Lounds seconded. Roll Call Mr. Schrader — yes Mr. Reynolds — yes 5 I Ms. — Morgan es g 2 Mr. Culverhouse -yes 3 Mr. Beaty - yes 4 Vice Chairman Mundt — yes g 5 Mr. Lounds - yes 6 Ms. Hammer - yes 7 Chairman Caron - yes 8 t 9 The motion carded unanimously. 10 11 IV. Comprehensive Flan Amendment Cycle 2008-02 12 13 A. Ordinance 0"27 14 Project Name: Bavberry Properties FLINA 420081465 Future Land 15 Use Map Amendment from RU (Residential Urban - 5 du/ac) and CQM 16 (Commercial) to MAD (Mixed -Use Development) Medium Intensity, 17 amending Figure 1-7f of Policy 1.1.7.3 of the Comprehensive Plan. 18 19 Peter Janes began by going over some procedures for the public hearing of 20 Comprehensive Plan Amendment Cycle 2008-02. Mr. Jones explained 21 that the public hearing for the Comprehensive Plan Amendment Cycle for 22 2008 needs to be opened, and stay open. Each item will be heard and acted 23 on separately with the public comment portion to be opened and closed for 24 each application. 25 26 Ms. Caron opened the public hearing of the Comprehensive Plan 27 Amendment Cycle for 2008-02. 28 29 Mr. Jones then turned to the Bayberry Properties' Comprehensive Plan 30 application and explained that the applicant is requesting that their 31 application be removed from the second set of Comprehensive Plan 32 Amendments. 33' 34 Mr. Brad Currie, with Land Design South, representing the applicant, 35 addressed the Board and requested that this application be withdrawn from; 36 the second set of Comprehensive Plan Amendments (Comprehensive Plan 37 Amendment Cycle for 2008-02). 38 39 Ms. Caron opened the public comment portion of this application. No one 40 from the public spoke and the public comment portion was closed. 41 42 Mr. Lounds motioned to approve the applicant's request that the 43 application be withdrawn from the second set of Comprehensive Plan 44 Amendments; 45 46 Mr. Schrader seconded. 'W 1 3 n 1 2 Roll Call 3 Mr. Beaty - yes 4 Mr. Cuverhouse - yes 5 Ms. Hammer - yes 6 Ms. Morgan - yes 7 Mr. Reynolds - yes 8 Mr. Schrader — yes 9 Vice Chairman Mundt — yes 10 Mr., Lounds — yes 11 Chairman Caron -- yes 12 13 The motion carried unanimously. 14 15 B. ordinance No. 08-029 16 Project Name/Application: John M. Dunn — FLUMA 120081386. Future 17 Land Use Map Amendment AG-5 (Agricultural-5 (1 du/5 acres) to MXD 18 (Mixed Use Development) Specific Use Area, amending Figure 1-7i of 19 Policy 1.1.7.3 of the Comprehensive Plan. 20 21 Peter Jones presented this item and displayed a power point presentation. 22Mr. Jones explained that the subject parcel is located approximately '14 23 mile south of Orange Avenue.. The current zoning is IX (Industrial, 24 Extraction). Zoning to the north and south is IL (industrial, Light) and TX 25 (industrial, Extraction), respectively. Zoning to the'east and west are 26 Agricultural with one dwelling unit per five acres. The subject property 27 has a Future Land Use of AG-5 (Agricultural-5, One Dwelling Unit Per 28 Five Acres). 29 30 The owner of the property is requesting this amendment in order to rezone 31 the property from IX (Industrial, Extraction) to IL (Industrial, Light), 32' which will allow proposed improvements and for the sale of this property. 33 34; Staff has found that the proposed Future Land Use Map Amendment is not 35 consistent with the St. Lucie County Comprehensive Plan. Therefore, 36 staff is recommending denial of this application. 37 38 Mr. Dunn, the applicant, addressed the Board briefly. He explained that 39 he purchased this property thinking it was already zoned Industrial. Since 40 he learned that it is not zoned Industrial, he is now trying to sell it. With 41 the approval of this Future Land Use Map Amendment, he will be able to 42 rezone the property and sell it more quickly. 43 44 Ms. Caron opened the public comment portion of this application and the 45 following members of the public spoke in opposition (stating concerns 46 such as truck traffic on Trowbridge Road combined with children on 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 horseback using that road would be extremely dangerous): Donna Wilder and Christina Parsons. Ms. Kathleen Turner, with Remax Realty, who is assisting Mr. Dunn with the proposed sale of the subject property, addressed the Board and feels that the request should be approved since the property is bordered on two sides by light industrial zoning. No one else from the public spoke and the public comment portion was closed. Mr. Beaty motioned that the Planning and Zoning Commission forward this application to the Board of County Commissioners with a recommendation of denial because the proposed Future Land Use is not consistent with the single-family residences along Trowbridge Road and because there is a surplus of undeveloped land with the designation of Industrial, Light within the Urban Services Boundary. Ms. Hammer seconded. Roil Call Mr. Schrader - yes Mr. Reynolds - yes Ms. Morgan yes Mr. Lounds - yes, but has mixed feelings because of the IX designation that remains on the property Mr. Culverhouse - yes and echoed Mr. Lounds' concern Vice Chairman Mundt — yes Ms. Hammer - yes Mr. Beaty — yes Chairman Caron — yes The motion carried unanimously. C. Ordinance No. 08-030 Project Name; Cassens White City Grove FLUMA 420081453 TCP 420081454 Future Land Use Map Amendment from RS (Residential Suburban - 2 du/acre) to MXD (Mixed Use Development) Specific Use Area, adding Figure 1-7m and Sub -Area policy language. Peter Jones presented this item and displayed a power point presentation. Mr. Jones explained that the subject property is located on the northwest quadrant of West Midway Road and Selvitz Road, on the north side of Favorite Road. 8 Ili I The applicant has requested this map amendment so that the property 2 reflects land uses surrounding and abutting the subject property. No 3 zoning changes are being proposed at this time. 4 5 The property is currently zoned AR-1 (Agricultural Residential-1, One 6 Dwelling Unit Per Acre) with a Future Land Use of RS (Residential 7 Suburban). The property to the north is currently zoned Light Industrial; 8 the property to the south is zoned Institutional; the property to the east is 9 zoned AR-1 and the property to the west is zoned Industrial, Heavy. 10 11 Staff is recommending approval. Staff, however, discussed their 12 suggestion of amending the Future Land Use Map designation to IND 13 (Industrial) which will afford the County the opportunity to closely follow 14 the development process, etc. '*hen reading the Comprehensive Plan in 15 strict terms." 16 17 Terry Virta, representing the applicant, addressed the Board briefly stating 18 he and the applicant are requesting the Board's approval of their submitted 19 application. 20 21 Ms. Hammer pointed out that the Traffic Study is based on 5 units per acre 22 and Residential Suburban allows only 2 units per acre. Staff explained 23 that the impact would be considerably less since the study is based on 5 24 units per acre and only 2 units are allowed. Ms. Hammer noted that the 25- Traffic Study is incorrect and should be corrected. 26 27 Ms. Caron opened the public comment portion of this public hearing. The 28 following members of the public spoke in opposition (stating concerns 29 such as the traffic impact on Favorite Road and that they would like the 30 owner to keep the residents informed of any future developments): Greg 31 Gilkey 32 33 No one else from the public spoke and the public comment portion was 34 closed. 35 36 Mr. Lounds motioned that the Planning and Zoning Commission 37 forward this application to the St. Lucie County Board of County 38 Commissioners'with a recommendation of approval (to Mixed -Use 39 Development) Specific Use Area. 40 41 Mr. Schrader seconded. 42 43 Roll Call 44 Mr. Beaty— yes 45 Mr. Culuerhouse — yes 46 Ms. Hammer - yes OJ I Ms, Morgan — yes 2 Mr. Reynolds — yes 3 Mr. Schrader — yes 4 Mr. Lounds — yes 5 Vice Chairman Mundt — yes 6 Chairman Caron - yes 7 8 The motion carried unanimously, 9 10 Ms. Hammer motioned to dose the public hearing for the 2008-02 1 I Comprehensive Plan Amendment Cycle. 12 13 Mr. Beaty seconded and the motion carried unanimously. 14 15 V. OTHER BUSINESS 16 Ms. Caron noted that inaccurate reports, such as the Traffic Study reviewed this 17 evening, are unacceptable. There is no excuse to submit those` documents. They 18 are reviewed at staff level and any inaccuracies should be found then. The 19 County should not be accepting inaccurate reports. 20 21 VI. ADJOURN 22 There being no further business, the meeting was adjourned at 9:16 p.m. J 10 VNW Comprehensive Plan Citizen Courtesy Information List Comprehensive Plan Citizen Courtesy Information List Page 1 of 1 Local Government: � Hearing Date: OrCL-), Type Hearing: Transmittal (Proposed) Adoption 0 F-O DCA Amendment Number: (DCA Official Use) Please Print Clear By providing your name and address you tivill receive information concerning the date of publication of the Notice or Intent ny the uepar U11L vi �-VIIMIUMLV • Check - Citizen Address, City, Appropriate Identify Amendment Name State, Zip Code Response(s) which is of Interest + • Written Spoken Comment Comment IF a # IV it, JLQ- C i file://H:iDawn\Comp Citizen Courtesy Information List.htm 1 0/2/2408 Advertisement Board of County Commisioner Public Hearing Published September 249 2008 %W %W ST. 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RA*" NAOIP"LMKCNMWM MOILMOM40F ' 3*2= Minutes from the October 71 2008 Board of County Commisioners Public Hearing Minutes URM BOARD OF COUNTY COMMISSIONERS Sr. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: October 7, 2008 Converted: 6:00p.m. Adjourned:10:00 p.m. Commissioners Present: Chairman, 3oseph Smith, Paula A. Lewis, Chris Craft, Doug Coward, Charles Grande Others Present: Doug Anderson, County Administrator, "Ou"Aw, AWL County Administrator, tee Ann LawWyr,AS$t.C=mty Administrator,_Dan MclntIM County Attorney, Mark Sattrcrlee, Growth ,:Mar ement Direictor, Beth Ryder, Community Services Director, Mike Powiey, County Engineer, Peter 3ooes, Planning Manager, Pattie Delgado -Feliciano, deputy Clerk I. INVOCATION U. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the September23, 2008 meeting. It was moved by Cote. Coward, seconded by Corn. Craft, to approve the minutes of September 23, 2008 meeting and; upon roll call, motion carried unanimously. A. There are no prociamatbns/presentatians scheduled for October 7, 2008. V. GENERAL PUBLIC COMMENT Mr. John Arena, area resident, addreued the Board regarding Cable TV advertisements and recycling of bicycles. Ms.. Lorraine Post, Lakewood Park resident addressed the Board rogwdhW the Lakewood Park Pool and asked Board to give the same the consideration to the Lakewood Park Pool as they have to the Ravenswood fool. VI. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Lewis, to approve the Consent Agenda as amended, and; upon roil call, motion carried unanimously. A. WARRANTS Approve warrant list No. 52, 53 and 1. COUNTY ATTORNEY 1. Second Amendment to Facilities Use Agreement - The Salvation Army @ Logistics Center - The Board approved staff recommendation to approve the Second Amendment to the Facilities Use Agreement and authorized the Chairman to sign the Amendment. 2. Allied New Technologies - The Board approved the First Amendment to - October 4, 2007 Road Improvement Agreement -and authorized the Chairman to sign the First Amendment 3. County Administrator - Approval of Faye Outlaw - The Board approved the appointment of Faye Outlaw as County Administrator effective January 9, 2009 and directed the County Attorney to draft a written contract with Ms. Outlaw for subsequent Board consideration. 4. First Amendment to Interbcai Agreement for taus Stop Locations - The Hoard approved the First Amendment and authonzed the Chairman to sign the First Amendment 5. "After the Fact` Revocable License Agreement - Mr. and Mrs. Kenneth Milner - 774 East Prima Vista Boulevard The Board approved staff recommendation to approve the "After the Fact Revocable License Agreement and authorized the Chairman to sign and directed Mr. and Mrs. Milner to record the Agreement in the Public Records of St. Lucie County, Honda. B. COUNTY ATTORNEY (Contd. } 6. St. Lucie County Fair Grounds - Emergency Operations Center Utility - Easement - Florida Power and Light The Board approved staff recommendation to approve the Florida Power & Light Company Utility Easement, authorized the Chairman to sign the Utility Easement and directed staff to record the Utility Easement in the Public Retards of St. Lucie County, Florida. C. PUBLIC WORKS 1. Engineering Division - SR 615 S. 25`" Roadway Widening (Midway Road -Edwards Road) - Construction Engineering and Inspection services - The Board approved staff recommendation to approve the Fourth Amendment to Work Authorization No. 1 (CO3-05-645) which amends Kimley- Horn and Associates` contract to reflect a $250,000 increase ,for construction engineering inspection services' for the S. 250 Street Roadway Widening Project (Midway Road -Edwards Road), and authorized the Chairman to sign. 2. Engineering Division SR 615 S. 25"` Roadway Widening (Midway {load -Edwards Road) - Change Order No. 13 The Hoard approved Change Order. No. 13 to the contract with Dickerson Florida, Inc., for SR 615 S. 25" Roadway Widening (Midway Road -Edwards Road), in the amount of $54,642.11, for signalization at Bell Avenue and modifications to project quantities and authorized the Chairman to sign. 3. Ttds item was pulled prior to the meeting: Engineering Division - Road Improvement Agreement with Rhodes Holdings, Inc., developers of St. Andrews Park Walgreens ; Consider staff recommendation to approve the Road Improvement Agreement with Rhodes Hollings, Inc. and authorize the Chairman to sign the Agreement. 4. Engineering Division - Release of Maintenance Bond for Howard Creek Estates cff-site drainage improvement - The Board approved the release of the surety in the amount of $1,200.00 and accept the constructed improvements. 5. Engineering Division - Indian River Estates Stormwater Improvements - Phase I Pump Station Change Order No. 2 - The Board approved Chang Order No. 2 with Close Construction, inc., in the amount of $93,301.00, for the Indian River Estates Stormwater Improvements - Phase I Pump Station project, and signature by the Chair. 6, Engineering Division - Request the use of emergency bid procedures and award Project No. 08- 22, Sneed Road Emergency Culvert Replaceni!ent at North St. Lucie River Water Control District Canal #68. The Board approved the use of emergency bid procedures and award Project No, 08- 22,,Sneed Road Emergency Culvert Replacement at North St. Lucie River Water Control District Canal #68. This agendaitem will be distributed after the October 7P' Bid Opening. 7. Engineering Division - Request the approval of Change Order #2 in the amount of $23,570.59 to Contract C08-04-150 for modification to the construction of the Sneed Road Emergency Culvert Refit at North St. Lucie River Water Control District Canal *66 project. The new contract price, including this orange order, will be $306,360.59. Alt work shalt be completed by November 30, 2008 The Board approved Change Order #2 in the amount of $23,570.59 to Contract C08- 04-150 for modification to the construction of the Sneed Road Emergency Culvert Rat at North St. Lucie River Water Control District Canal *66 for a total contract price of $306,360.59, and authorized the Chair to sign. D. 62MINISTRATiON Commissioner/County Administrator Travel - The Board approved granting authorization for in or out -of - State travel for the County Administrator and any member of the Board during the FY08-09 fiscal year. E. 21QUEF'S" OFFICE Permission to accept 20M Byrne Memorial Justice Assistance Grant (JAG) from the U.S. Department of Justice, office of .justice Programs, and Bureau of Justice Assistance - The Board approved ' authorizing the acceptance of the grant award 2008-DJ-BX-0534 and, authorized the County Administrator to sign the grant acceptance documents. F. AIRPORT 1. !Request approval of Resolution 08-291 accepting the Florida Department of Transportation (FOOT) Joint Participation Agreement (JPA) *424991-1-94-01 in the amount of $721,600 (80% FDOT share) with a 20% local match share of $180,400 for a total cost of 904000 to assist in the purchase of the 29 acre parcel south of Runway 9L/27R at the St. Lucie County Internatamal Airport - The Board approved Resolution 08-291 accepting the Florida Department of Transportation (FOOT) Joint Participation Agreement (JPA) #424991-1-94-01 in the amount of $721,600 (80% FOOT share) with a 20% local match share of $180,400 for a total cost of $902,000 to assist in the purchase of the 29 acre parcel south of Runway 9L/27R at the St. Lucie County International Airport and authorized the Chairman to sign. 2 2. Request for approval of the PBS&I Work Authorization No. 4 for environmental services due to the tree clearing required for the line of sight, to the proposed Runway 9LJ27R and Parallel Taxiway at the St. Lucie County International Airport, for a tamp sum amount of $94,053 -The Board approved Resolution 08-291 accepting the Florida Department of Transportation (FOOT) Joint Participation Agreement (JPA) #424991-1-94-01 in the amount of $721,600 (8(°JO FDOT NOW share) with a 20% local match share of $180,400 for a total cost of $902,000 to assist in the purchase of the 29 acre parcel south of Runway 9LJ2JR at the St. Lucie County International Airport and authorized the Chairman to sign. 3. Request for approval of LPA Group Work Authorization #12 for professional services to prepare the Airport Master Plan Update for the St, Lucie County International Airport for a lump cost of $238,984 - The Board approved LPA Group Work Authorization # 12 for professional services to prepare the Airport Master Plan update for the St. Lucie County International Airport for a lump ' cost of $238,984and authorized the Chairman to sign.. 4. Request approval of Interiocai Agreement with Fort Pierce Utilities Authority (FPUA) for the installation of guile lights on utility poles along US 1 as a visual aide for pikes to keep west of US 1 - The Board approved the InteriocW Agreement with Fort Pierce Utilities Authority (FPUA) for the installation of guide lights on utility poles along US 1 as a visual aide for pilots to keep west of U8 1 and authorized the Chairman to sign. 5. Request approval of Resolution 08-270 accepting the Florida Department of Transportation (FDOT) Joint Pit Agreement (JPA) #416252-1-94-01 in the amount of $92,000 (80% FOOT share) with a 20% local match share of $23,000 for a total project cost $115,000 for environmental mitigation projects at the St. Lude 'County International Airport - The Board approved Resolution 08-270 accepting the Florida Department of Transportation (FDOT) Sant Participation Agreement (IPA) *416252-1-94-01 in the amount of $92, (80% FDOT share) with a 20% local match share of $23,000 for a total project cost $115,000 for environmental mitigation projects at the St. Lucie County International Airport and authorized the Chairman to sign. 6. Request approval of Budget Resolution 08-309 for the Florida Department of Transportation (FDOT) Joint Participation Agreement (IPA) #416248-1-94-01 in the amount of $264,000 (80% FDOT share) with a 20% local match share of $66,000 for a total project cost $330 t W to conduct the Master Drainage Plan Update at the St. Luck County International Airport: - The Board approved Budget Resolution W309 for the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) #416248-1-94-01 in the amount of $264,000'(80% FOOT share) with a 20% local match share of $66,000 fora total project cost $330,000 to conduct the Master Drainage Plan Update at the St. Lucie County International Airport and authorized the Chairman to sign. F. AIREORL(Condt.) 7. Request authorization ro eo acute the State Financial Assistance Agreement, St. Lucie County - Florida Department of Environmental Protection► (FDEP) Agreement No. LP8991, accepting a $788,000 grant for the Airport West Commerce Park Sanitary Sewer Project at the St. Lucie County international Airport - The Board approved executing the State Financial Assistance Agreement, St. Lucie County - Florin Department of Environmental Protection (FDEP) Agreement No. LP8991, accepting a $788,000 grant fvr the Airport West Commerce Park San" ,a Sewer Project at the St. Lucie County International Airport and authorized the Chairman to sign. G. MANA EMENf AND BUDGET 1. Request for approval of FY09 Budget Disbursement to the Supervisor of Elections -- The Board approved the Supervisor of Elections request for 25 percent ($655,355.50) of the total FY09 budget and thereafter, 6.82 percent per month. 2. Request for approval of advance in the amount of $275,000 to the County Tax Collector - The Board approved the Tax Collector's request for an October commission advance in the amount of $275,000. H. COMMUNITY SERVICES 1. Permission to enter into a contract with Sunrise City Community Housing Development Organization (CHDO) for a project request in the amount of $280,196.00 - The Board approved 5 entering into a contract with Sunrise City CHDO, and authorized the Chairman to sign the contract as prepared by the County Attorney. 2. Permission to Advertise Public Hearing - Grant Modification #2 to the Community Development Block Grant 2005 Disaster Recovery Grant - The Board granted permission to advertise proposed modification for public hearing on October 14, 2008 at 9:00 a.m., or as soon hereafter as may be heard. I. GRANTS 1. Request the board to authorize the submittal of a grant application to the State of Florida E911 (Enhanced 911) County Grant Program for funding to purchase an enhanced Network Access 3 t Server (NAS) for the new Public Safety building. Funding will be utilized to purchase and install NAS equipment and to maintain an essential countywide server that manages and stores archive recordings - The Board approved the submittal of a grant application to the State of Florida E911 (Enhanced 911) County Grant Program, requesting $12,578.00 to purchase an enhanced Network Access Server for the new Public Safety building. Request the board to authorize the submittal of a grant application to the State of Florida E911 (Enhanced 911) County Grant Program for funding to purchase Sack -up Recording Equipment for the alternate Public Safety facility, located at 101 North Rock Road, Fort Pierce, FL 34945. Funding will be utilized to purchase and install Back-up Recording Equipment and to maintain an essential countywide back-up system in the event the primary system fails - The Board approved the submittal of a grant application to the State of Florida E911 (Enhanced 911) County Grant Program, requesting $9,656.00 to purchase a Public Safety Back-up Recording System. 3. Request the board to authorize the submittal of a grant` application to the State of Florida E911 (Enhanced 911) County Grant Program for funding to purchase Back-up Public Safety Answering Points (PSAP) Equipment for the alternate Public Safety facility, located at 101 North hock Road, Fort Pierce, FL 34945. Funding will be utilized to purchase and install Back-up PSAP Equipment and to maintain an essential countywide back-up system in the event the primary system fails - The Board approved the submittal of a grant application to the State of Florida E911 (Enhanced 911) County Grant Program, requesting $572,981.00 to purchase a Back-up PSAP System. I. GRANTS (Contd.) 4. Request the board to authorize the submittal of a grant application to the State of Florida E911 (Enhanced 911) County Grant Program for funding to purchase an enhanced call routing and database management system for E911 Telecommunications. The system will be housed at the alternate Public Safety facility, located at 101 North Rock Road, Fort Puce, FL 34945 - The Board approved the submittal of a grant application to the State of Florida E911 (Enhanced 911) County Grant Program, requesting $150,000.00 to purchase a Public Safety E911 Call Routing and Database Management System for E911 Telecommunications. J. TOURISMIECONOMIC DEVELOPMENT Consider approving the annual Contracts with the Treasure Coast Sports Commission (TCSC). The total Grants are for $150,000 for FY 08/09 including $75,000 for administrative costs, $SS,000 for bins and sponsorships and $20000 for the police and Fire Games bid. The Grants are to promote tourism in the County by attracting sporting events to the County - The Board approved the annual Contracts with the Treasure Coast Sports Commission (TCSC). The total Grants are for $150,000 and authorized the Chairman to sign the Contracts as prepared by the County Attorney. K. PUBLIC SAFETY Request Board approval to purchase from Presidio Corp (MOB) - Foundry and Aruba network hardware supporting wired and wireless network and Voice over Internet Protocol Telecom communication/traffic. Priced below State Contract at $345,126, saving the County $20,736.34 from the State Contract amount - The Board approved the purchase of Foundry and Aruba network hardware supporting wired and wireless rietwork and Voice over Internet Protocol Telecom communication1traffic. Priced below State Contract at $345,126, saving the County $20,736.34 from the State Contract amount. L. LIBRARY St. Lucie County has received funding through the Department of State/Division of Library and Information. Services since'1978 for operating funds for pubic library services. These funds are based on dollars spent locally for the Library's operating expenses in FY 06/07. The money for this grant has been projected In the Library's 105-7115 budget for FY 08109, Estimated revenues from the grant is $163,145 The Board authorized the Chairman to sign two (2) copies of the application, at the time of approval, for the State Aid to Libraries Grant Application. Approve the Library's FY 08/09 annual plan of service. M. PARKS AND RECREATION 1. Board Approval to Advertise an Invitation to Bid (ITB) for the Construction of Phase III of the South County Regional Football/Soccer Stadium - The Hoard approved the request to advertise an Invitation to Bid (ITB) for the construction of Phase III of the South County Regional Football/Soccer Stadium. 2. ADDITION - Request to use Impact Fee Reserves for permit review fees for Phase III of the South County Regional Stadium The Board approved the use of Impact Fee Reserves to be transferred into Zone 'a' Impact Fees in an amount not to exceed $5,000 for permit review fees for Phase III of the South County Regional Stadium. END OF CONSENT AGENDA M. PU§UC HEARINGS A. GROWTH MANAGEMENT Public Hearing for Comprehensive Plan Amendment Cycle 2008-02. 4 B. Ordinance 08-029 Project Name f Applicant: John M. Dunn File No, FLUMA-120081386: Future Land Use Map Amendment from AG-5 (Agricultural-5 - 1 du/Sacres) to MXD (Mixed Use Development) Specific Use Area, amending Figure 1-71 of Policy 1.1.7.3 of the Comprehensive Plan. Consider staff recommendation to (1) Open the public hearing for St. Lucie County Comprehensive Plan Amendment Cycle 2008-02, (2) For each ordinance to be considered, hear the staff report, the applicanCs comments, and public comment; (3) Close public comment, not the hearing and (4) Hold Board discussion and then Board action on each item. Staff addressed the Board on this item and advised everyone present, the Planning and Zoning Board recommended denial of this item and it not be transmitted. Mr. Mike Mishollii, applicant, addressed the Board and stated the property will be sold to a metal company (East Coast Metals) and this would improve the tax. base and provide jobs. The Planning Manager stated the sale of the property is outside of staff's purview and requires an amendment to the Comprehensive Plan. Com. Coward stated he believed this area was not intended to be an industrial area. An industrial operation off of an agricultural area does not make sense. Com. Grande questioned the rationale for the mixed use request. Staff advised the Board this was what the applicant had requested. Ms. Kathleen Turner stated she had assisted Mr. Dunn with the completion of the application and was toldthey would first need to have the mixed use approved before moving forward with an industrial light use, Staff advised the Board it should be considered that this is outside of the Turban service area and he is sure the DCA will question it and not agree to the request. The DCA will require sustainability. Mr. Misholk stated he could not see the problem due to the fact there is mixed use all around the property with the exception of 4 houses. Com. Coward stated the applicant should consider the activity within the urban service area. It was moved by Com. _Coward, seconded by Com. Grande not to transmit this application to the Department of Community Affairs, and; upon roll tali, motion carried unanimously. GROWTH MANAGEMENT Public Hearing for Comprehensive Plan Amendment Cycle 2008-02. Ordinance 08-030 Project: Name: Gassens white City Grove Applicant J Agent: Terry L. Virta, AICP File No. FLUMA-420081453 j TCP-420081454; Future Land Use Map Amendment from RS (Residential Suburban - 2 du/acre) to MXD (Mixed Use Development) Specific Use Area; adding Figure 1-7m and Sub Area policy language - Consider staff recommendation to (1) Open the public hearing for 5t. Lucie County Comprehensive Plan Amendment Gybe 2008-02, (2) For each ordinance to be considered, hear the staff report, the appl caws comments, and public comment, (3) close public comment, not the hearing and (4) Hold Board discussion and then Board action on each item. The Board questioned the funding for the 25"' St to Turnpike project. Staff advised the Board this project was partially funded and the other segment would be under the PO&E. Com. Coward stated compatibility was a concern. He is seeing an Industrial project right in the residential back door. He stated he would like to see a substantial size buffer. The Planning Manager advised the Board the applicant requested the mixed use and they have recognized there are issues of concern. However they wish to be good neighbors to the residential area. Staff supports the mixed use and felt is does not constitute sprawl. Com. Coward stated he would rather see industrial opposed to residential and he does not wish to throw mixed use all together. Mr. Terry Virta, Terry Virta & Associates, addressed the Board on this item and stated he sees this piece of property being a transition of what is going on around them and this is the reason for the mixed use request. Ms. Rose Arcadia, property owner on Favorite Street, questioned what would be built at the location 5 The Planning Manager stated they are proposing a 310,000 square foot industrial park. Ms. Arlene Goodman, White city resident, addressed the Board and questioned what where the plans for Midway Road since there are no funds currently available for its expansion. Staff advised the Board the Local Planning Agency recommended moving forward to transmit unanimously. It was moved by Can. Lewis, seconded by Corn. Coward to transmit as applicant requested, mixed use to the DCA, and; upon roll call, motion carried unanimously. C. GROWTH MANAGEMENT The Petition of Home,' Dynamics Sedan, LLC for a 12 Month Extension of the Final Planned Unit Development (PUD) Site Plan project known as Sedon PUD located at the southwest corner of South 2501 Street and Edwards Road (File No. BCC 220081425) -- Consider staff recommendation to adopt Resolution No,'08-230, which would grant a 12 nxmth extension to the Sedona Final PUD, Mr. Mark Mathis, Luddo &. Associates, addressed the Board on this item and stated he was available for any questions the Board may have. Com. Grande stated he concurred with staff recommendation however under the circumstances, he cannot support the extension and stated he did not support the project from the beginning. It was moved by Corn. Coward, seconded by Corn. Craft, to approve staff recommendation, and; upon roll call, the vote was as follows: Nay: Grande; Aye's: Lewis, Coward, Craft, Smith; motion carried by a vote of 4 to 1. D. GROWTH MANAGEMENT The discussion held at this time will pertain to both items D and E. Petition of Ginn -LA WSL Ltd., LLLP for a Conditional Use Permit to allow a sand and rock mining operation in the AG-5 (Agriculture — 1 unit per 5 acres) Zoning District for property located on the south side of the SFWMD C-24 Canal to the intersection of Glades Cut-off Road and Range Line Road (File No.; CU 04-006 and MISP 04-003) - Consider staff recommendation to adopt Resolution No. 08-092 granting Ginn -LA WSL Ltd., LLLP a Conditional Use Permit to allow a sand and rock mining operation in the AG-5 (Agriculture —1 unit per 5 acres) Zoning District, with the conditions therein. Mr. Lee Dobbins, representing the applicant, addressed the Board and the public benefit of the project. Mr. Bill Taylor, Carlton Road resident, addressed his concerns about the drainage rights and wanted to make sure they would be taken care of. Mr. Dick Shone, Carlton Road resident, addressed the Board about his concerns with the drainage ditches on the property and how they will be maintained. Mr. Kathy Slone, Carlton Road resident, addressed the Board and sated she disagrees with the mine in the area and asked the Board to consider the hours of operation. She does not support Saturday, hours and stated she felt there was an accident ready to happen in the area, e The County Engineer advised the Board that Glades Cut Off Road to 1-95 is not being widened. Mr. Steve Mushily, owner of east 120 acres expressed his concern with the property flooding caused by the applicants pump on the property. Mr. Pick Richinous, East Gate Group addressed Mr. Molehill's questions Mr. Phillip Stickles, area resident, addressed the Board and commended the applicant for their cooperation with the area residents. The County Attorney recommended a change to page 4 of the resolution concerning the drainage, Mr. Dobbins requested the change also appear in item 38 in the mining permit to make it consistent as well. The County' Engineer recommended drafting language that the volume would not impede in any way. QUASI JUDICIAL TheBoardmembers acknowledged contact with the applicant and the receipt of a -mails from Residents. . 6 The County Engineer advised the Board of those residents who sent letters or made calls objecting and also stating their concerns. Ms. Linda Dorough had written a letter stating her objects and Mr. Bill Hammer addressed his concerns and made recommendations to added conditions. Corn. Craft questioned if they should consider limiting the hours on Saturday. Mr. Dobbins stated the hours requested were an important part of the mine operation. The County Engineer recommended the hours be the same as all other mining operations previously approved by the Board and advised the Board of the following: Florida Rock - hours of operation, Monday thru Wednesday 5:00 a.m.- 9:00 p.m.. Thursday and Friday 6:00 a.m. - 6:00 p.m. Saturday 6:00 a.m.-6:00 pm. Florida Rock South- hours of operation, Monday thru Saturday 6:00 a.m.-6:00 p.m. It was moved by Corn. Coward, seconded by Corn. Grande to approve staff recommendation with the changes noted on the drainage, and; upon roll call, motion carried unanimously, E. PUBLIC WORKS Public hearing to review the mining permit application of Ginn -LA WSL Ltd., LLLP. The applicant is seeking a Class 11 permit fora period of 20 years - Consider staff recommendation to approve the mining permit application of Ginn -LA WSL Ltd., LLLP subject to the approved plans and the attached General and Special Conditions. It was moved by Corn. Lewis, seconded by Corn. Grande, to approve staff recommendation as amended, and; upon roil call, motion carried unanimously. END OF PUBLIC HEARINGS M. ADMINISTRATION ADDrr1QN TO THE AGENDA - Value Adjustment Board - New Membership Requirements Effective September t, 2008, - Staff recommends that the Board elect two Commissioners from the three appointed at the November t' 13'h Reorganization meeting and select two alternate Commissioners. Staff recommends that the Board vote and appoint one applicant from the three received as the Citizen appointment to the Value Adjustment Board per the new membership requirements. Staff also recommends that the Board adopt Resolution No. 08-315 and authorize the Chairman to sign the resolution. It was moved by Corn. Craft, seconded by Corn. Coward to approve Resolution No. 08-315, and; upon roll call, motion carried unanimously. Upon tally of the votes Mr. Tague Armstrong was appointed as the citizen member for the Board of County Commissioners at the Value Adjustment Board. The following Board members were appointed to the Value Adjustment Board: Corn. Craft and Corn. Grande, Alternates: Corn. Lewis and Corn. Coward. r There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court N St. Lucie County Adopted Procedures for Public Participation Om- 12.t13.91 DIMES AND R&SPONSIBUUTIES The Local Planting Agency, In accordance with the Local Government Comprchcnsiva Planning and Lead Development Regulation Act, Section 163.3174 , Florida Statutes, shall: V. A. Be the agcmy ;mspo mule for the preparation of the comprehensive plan and shall , n wka recommendadons to the Board ofcounty Commiosionerarogwdingft adoption ofsuch plats or elentea or porgy thereof Du ft the prepwation of dw plan and prior to any recommendation to the Board of County Commissioner% the local planting apney shag hold at, least one (l ) public hearing, with due public noticG on the proposed plan or elament or potion thereof. 1U Board of Comely Commissioners, In cooperation with the local planning agency, May dosigae gM qpm7, committee, department, or person to prepare the comprehensive plan or any eleracmt gweat but final moommandation of the'adopticw of such plan to the Board of County Commissioners shall be the romponsibillty of the Local Planning Agcimy. B. Nadtor and oversee the ~vpness and status of the comprchwsivs plan and recommend to the Board of County Commissioners such es In the comprehensive plan as ray be required from time to time, including preparation of the periodic reports required "by Section 1633191. C, Review proposed land development regulations, land development codes, or amendments thereto, and make recommendations to the Board of County Commissioners as to ft consistency of the proposal with the adopted comprehensivo plait, or element or portion thereof. D. pff ttm city other functions, duties, and responsibilities assigned to it by the Board of County Commissioners or by general or special law. Ij 12.03.02 DESIGNATION AND ESTABLISHMENT Pursuant to and in accordance with Section 163.3174, Florida Statutes {Local Government Comer Ave Planning acid Land Development Regulation Act} the County Planning and Zoning Commission is hereby designated and established as the Local Planning Agency for the unincorporated territory ofthe minty. 12M.03 ORGANIZATWX RULICS AND PROCEDUPM Members of the Local Planning Agency shall continue to be appointed and follow such rotes of proccd um methods of r,hoo ft officers, setting otpubiic mectinm providing of financial support, and accomplishing its duties a provided In Chapter 39-1$D5, Laws ofFlorida, 1959. as amended by Cc" Ordinance No.. 71-5. I 12.03.04 FUBLJC MEETINGS AND RF"RDS Ali nmftp of tine Local Planning Agency shall be public mectingo and all agency records shalt be public records. Thu Local Planning Agency staid encourap public participation. CHAPTER XII DECISION MAKING AND ADMINISTRATIVE SODIES 12.00.00 BQWW OF COUtm CQMMiSSt0mm The Soard of County Commissioners shad have the failowinLj powers and dines under this Code. A. The powers to infiiate, review, and adopt amendments to the oftel Zor" Atlas as provided in Sectlon 11.06.M S. The powers to Initlete, review, and adopt anendthonts to the tent of this Code ad provided in Section 11.06.00; C. The pours to review and grant greet with c ondlttons,'or deny Ptsslnft y Site Plans and Final Site Plans, as provided in Secl on 11.0200; D. The power ID review and grant or deny plat applicakms, as pmwded in Section 11.03.00; E. Tim pore to review curd doWntno whether a Ciwe A Mode Horn` can be defined as a de lachad a*Vte-family dwelling,as provided In Section 11.06.02; F. The powers to review and grant, grant with cordons, or deny conditional uses as provided M Section 11.07.M, G. The omn to review and g or deny applications for dove) rpffmN agree nents, as provided In Section 11.as.�; H. The P to kftPrat boundaries of the various zoning districts on the Otficial Zoning Atha, as provided in 860on t.t) 02.. l The powrer to establish a of low in order to cover the oasts of technical and adrniniatr8fiv0 ScMies required by this Code as provided in Section 11.12.00; J. The power to hear and decide appeals Initimbd by any person, ofilcar, herd. or bureau of St. Lucie C" aWlaved by a deceskm by fe Coin Ad ninlsira#or with respect to tiro Vested Rights and Adequate PW*c Facilities PRIvAcM of tide Code a provided in Section 11.00 fl0 and Chapter V. K. VOW 61ftW ab;the EnVIOM rteniai-Cerdrer kMrd rhA rUN&r � k-11- ....r __-- - -- Cassens White City Grove Comprehensive Plan Amendment Cycle 2008=02 F LU MA-420081453 and TCP=420081454 *,%W BOCC Meeting, October7, 2008 Agenda Package RECOMMENDATION est item Number yII-B Ii "Una Date: 10107108 Consent [ Regular [ l Public Hearing [ X } Leg. [ X j Quasi-JI) [ l P rented By Growth Management Department G etment Director Public Hearing for Comprehensive Plan Amendment Cycle 2008-02 Ordinance 08-029 Project Name-/ Applicant John M. Dunn File No. Fl.1JMA-ii008138 Future Land Use Map Amendment from AG-5 (Agricultural- 5 -1 duf5acree) to MXD (Mined Use Development) Specific Use Area, amending Figure 1-7i of Policy `1.1.7.3 of the Comprehensive Plan t3rdinarme RA-050 Project Nww Caseens White City Grove Appkant f Agent Terry L+ Vita, AICP File No. FLUMA-420081453 / TCP-420081454: Future Land Use Map Amendment -from RS (Residential Suburban - 2 duiacre) to MXD (taxed Use Development) Speck Use Area, adding Figure 1-7m and Sub -Area policy language Two applications for Future Land Use Map Amendment, one including,, a text amendment, are being considered in the current Comprehensive Plan amendment cycil-S. NIA The recommendations made by the Planning and Zoning Commission during the September 9, 2008 public hearing was a unanimous denial for Ordinance 08-WO and a unanimous approval for Ordinance 08-030. Procedure 1) Open the public bearing for St, Lucie County Comprehensive Plan Amendment Cycle 2008-02. 2) For each ordinance to be considered, hear the staff report, the applicants comments, and publiccomment: Vote to rE COMMMION ACTION: APPROVED DENIED OTHER 'i County Attorney: ^ LZ Daniel S. McIntyre County Encinesr: Farm No. 07.07 fiscusslon and then Board action on each item. on nend transmittal or denial of each ame dment application individually- ons far each application are contained in the staff reports. CONCURRENCE. Douglas M. Anderson County Administrator Coordination" sign E.R,D.: County Surveyor: 4 Jan Evans Ron Harris Other: Other. GROWTH MANAGEMENT DEPARTMENT PLANNING MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Growth Management Director FROM: Peter W. Jones, AIA, Comprehensive Planning Manager ©ATE: September 16, 2008 SUBJECT: Comprehensive Plan Amendment Cycle 2008-02 This memorandum provides staff review and recommendations regarding the pragsed items included in St, Lucie County Cornpreftrisive Plan �ndment Cycle 20084)Z Two applications for Future Land Use Map Amendment, one of which includes a Text Amend er, are scheduled for the October 7, 2008 Board of County Commission agenda. There will not be an individual memorandum for each item. A third application, Ordinance No. 08-027, "Bayberry Propwfte was advertised fnr: public hearing forthe Planning and Zoning Commission, then subsequently removed from'the ant Comprehensive Plan Cycle at the request of the applicant; it is not being considered at this titre, 1. "„ t ce No. 48-M "John M. Dunn" is requesting a Future Land Use change of 7 4,62 acres from AG-5 (Agricultural-5 -1 du/5 acres) to MXD (Mixed Use DevekVment) Specific Use Area. 4 �r Property Location: Approximately .25 miles south of Grange Avenue, 5.6 miles west of 1-95. The property is flanked by the North St. Lucie Water Management (NSLWMD) Canal No. 56 on the east and Trowbridge Road to the west. Godfrey Road rums adjacent to the east along canal No. 56. Staff Comments: Future industrial uses discussed in the application would not be compatible with the single-family residences along the west side of Trowbridge Road, just north of the subject property. Parcels in the existing West Orange MXD area all front on Orange Avenue, isolating truck traffic to this main corridor. Proposed uses on this subject property would require improvements to and added traffic on Trowbridge Road, which staff views as Incompatible with the existing Ww-intensity residential area. St Lucie Countycurrently has an existiril inventory of land with a Future Land Use Map designation of Industrial Lwid Lies win the Urban Service Area that is currently undeveloped. The analysis staff conducted indicates that a MXD .land use in this area is not consistent with the St. Lucie County Comprehensive Plan or Florida State Statues. Planning and ,Zoning Commission Action: Please see the attached minutes for the September 9 2008 Planning and Zoning Commission meeting. During this meeting Mr. Bryan Beaty motioned to recommend a denial to the Board of County Commission due to the use ;being inconsistent with the neighboring single-family residences as well as a sWpfus of undeveloped land designated Industrial, Light within the Urban Services Boundary. The motion was seconder] by Ms. Pamela Hammer and carried unanimously, 3taff Recommendation: Staff recommends that the Board of County Commission follow the Planning and Zoning recommendation of denial and not transmit the proposed amendment to the Department of Community Affairs. 2. ordinance No. 08-030, "Cassens White City Grove" Is requesting a Future Land Use Map Amendment of 38.06 acres from RS (Residential Suburban) to MXD (Mixed Use Development) Specific Use Area, and a Text Amendment adding Figure 1-7rn for the proposed MXD area and providing sub -area policy language. Ordinance No. 08-030 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS ;OF ST. AMENDING ^ POLICY 4.1.7.3 OF THE FUTURE LAND USE .E INCLUDE FIGURE 1 7ili1 AND PROVIDING SUS -AREA POLICY PROVIDING FINDINGS; PROVIDING FOR COMFLICTING >P PROVIDING FOR SEVERABILITY; PROVIDING FOR A,P f PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT PROVIDING FOR FILING WITH THE FLORIDA DEPAFi COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE PROVIDING FOR ADOPTION. Property Location: Northwest quadrant of West Midway Road and Selvitz Road, on north side of Favorite Road. St, Lucie County Amendment Cycle 2008-02 BOCC Memo Page 2 of 3 Staff Comments: The analysis staff conducted indicates that a MXD land use in this area is not entirety consistent with the St. Lucie County Comprehensive Plan. In stafrs assessment, the area of this parcel does not meet to criteria outlinedin the, Comprehensive Plan. The MXD Specific Use Area could however be considered a beneficial land use as it requires the applicant to pursue the PNRD process upon development and "include a minimum 35% open space. However, the parcel is not located in such a 'specialized area as outlined in the Comprehensive Plan MXD language. Given the criteria for consideration of a MXD Future Land Use, it Is sWs conclusion that a Future Land Use of IND (Industrial) may be more appropriate for the subject property. The IND designation would be consistent with the County Comprehensive Plan and would permit all of the uses and intensities discussed in I the application and proposed sub -area palicles. Staff finds that the proposed amendment is consistent with the relevant provisions of the state and regional plans, rules and statuteis;:ami does not trigger any primary indicators for the proliferation of urban sprawl; it f would be t�ns►sient with state and regional standards if the Future Land Use Map were amended to other MXD as requested by the applicant or IND as proposed by staff. Ptannirr0 and Zoning Commission Action: Please see the attached minutes for the September 9, 2008 Planning art Zoning Commission me- ed.ng. The Board heard. caverns ,i lam trt� regarding traftfrom the development. Staff I explained that the pftpo d po{icy Ialtgtre requires that future access would be provided to the west, ivy erg for a' Area. The motion was St. Lucie County Amendment Cycle 2008-02 SOCC Memo Page 3 of 4 M C Resources Agenda Item Companion Report TO: Board of County Commissioners FROM: Yvette Alger Environmental Resources Department DATE! September 29, 2008 RE: Cassens White City Grove Future Land Use Neap Amendment ii w Ct DIKATION ERD vim the site on May 2, 2008. GM requested ERD input on the proposed Future Land Use Map Amendment. ERD INFU T' ERD input has been included in the attached staff report. ERQ; WjWNDATION ;ERD has no objection to GM recommendation. BOARD OF COUNTY COMMISSIONERS Septernber 22, 2007 Joe Smith Anywhere street Anywhere, USA 12345 RE: Cassens Whims City Grove FLUMA 881453 TCP-420001464 GROWTH MANAGEMENT In accordance with the SL Lucie County Iand Development Code, you are hereby advised that Steve Camem (Terry L vine &Associl , kit., Awnt) has Petitioned SL Lucie County for a proposed Imp skate Fuhae land use Sternmtt An=drnent for 3&o5 scr a mere arias. located in St LucieCounty. Vapproved, else d aup would aniand'tim adopted CornprelmnsivePlan Future !amen Use Map fzom )tS 0t0ideea1a14rrNurtatrt _2 dutme) to MXD (Mixed lisa Wit) $paitic U= Ara. adding Figure 1-7rnsnd,%b-Araporxy1anpWto tlx Cotri<xehctrsive pleb, Fflr the Mlowing deserted praperW. for the fallowing described property: i oeatlm- Northwest quadrant of West Midway Road & Selvitz Road, on the North side of Favorite Road, Township 3t Lucie Count AND LOts 6 and 7 East.gti 11a1.fkfft� don: Lots 4 and 5 in the Northeast Quader (NE 1/4) of Model land Company's Subdivision; of Section 6, outh, Range 40 East, as shown by the plat thereof on file in plat Hook 4, Page 34 of the Public Records of SL rlarida, less and excepting to canal and road right of way. n the Northeast Quarter (1/4) of Model Land Company's Subdivision of Section 6, Township 36 Soudn, Range 40 some property described sat The Test one half (w 1 /2) of the East one-half (E M2) of the Northwest 11400 Qualter (NW rtheast Quarter (NB 1/4); and the Baal one-half (E 1/2) of the Wcffi one-half (W 1/2) of the Northwest Quacter(NW rgneast Quarter (NE 1/4), all in Section 6, Township 36 South, Range 40 Bast. 38.05 Acres more or less. TheP4W keVft ear Ike petetioa WAV be Acid at &W PAL, or suer dmrwfier as ' Pnaewbl e, axe Tub t7 T, 2W CWxtPeeS awmoav' it Luck Cwxv A&'$f"ta0V1ka Bmaft Anatt .W Ylrgi A Fare Ftrr Flues. All intervow persons will be given an opportunity to be heard at that tire, Written comte>ettts received her advance of the pvbk hearing will also be considered. Mic County Planning Division should receive written its to the Board of Cozurty Corr missionem at least 3 days prey to a scheduled hearing. County policy srrorsgiy encourages your input and Comment at the public hearing of this matter before the 1l3osid of County C.Ornznission, rather than by contact outside of the scheduled public hearing. We encourage you to speak at thew public heartings. or Provide written eornments for the record. The proceedings of the Board of County Co nmissioners are electronically receded. Its person decides to appeat any decision made by the Board ofC. OWO COmmimOncrs with respect 10 any matter considered at such meeting or hearing, he or she will need a reword of thr pr occedings. For such purpose, he or she may need to ensure the a verbatim reared of the proeeedarigs is zrrade, which record irrcltx%s the Deaf meaty and evldenae upon which the appeal is to bebased. Upon the request of anyparty to the proceed* $0916* daring a heating will be sworn in. Any party to the pnoeoedhtg will be granted an opportunity to one any individual tafi4ririg during a hearing upon request if it becomes necessary, a public hearing maybe continued to ada c- ertaitr, Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462-1777 or T.D.D. (772) 462-1429. JOSEPH ri. SMUH, Diorio No: I • DOIiG COWARD, Duttiot No. 2 a PAULA A. LEWIS, District NO, 3 • CHARLES GRANDE, Norio N0. 4 • CMS CRAFT, Dimtrict No. 5 County Adtnintstrator - Douglas M. Anderson Wateite: www.coAt-tug ft.us 23t)0 Vroft Averted - Fat Pierce, FL. 348112-M2 Adminlatratiow (772) 462-1590 PlannAng: (772) 402-2822 GWecMical Ser AM. (772) 462-2622 FAX (772) 462-1581 Economic Developmerd; (772) 402-1550 FAX (772) 482-1570 Tourist Developmer* (772) 462-1535 1(80D) 344-TGIF FAX (772) 462-2132 BOARD OF %AW COUNTY COMMONERS If you no longer own Property adjacent to the above-descrt"red parcel, plem f ward this notice to the new owner. Plow call (7n) 462-2822 if you have any questions, and ta%r to the project name and mmbcr listed shave. Sin=vly, ST. IAJaZ COUMV BOARD OF COUNTY COMMMIONERS Joseph L Smith, Chairrmn Form No. 07-19 3OSEPH E SMITH, Dismal No. i • DOUG C DWARD; District No. 2 • PAULA A. LEWIS. Djluw No. 3 • CHARIM 0RANDE DiQfkl NO.4 • CHRIS CRAFT, Diu kt Nos S CountyA*nMWVvW - Dou&s M. Anderson Webeft: www.co.*Wvd&fi.us 23M VkOnW Amus - Fod Plates, FL. 34682-MW Admi *ba6m (772)4a2-15$Q PhmnkV (772j 462a22 C,iSJ 00njcal Sarvlcas: (772j 462.2= FAX: (772)462-f864 E=mmla 08VW Msnt (772) 482.lW FAX: (772) 4621579 Tourist DevaioMwt (772) 4624WS 1(800) 344-TGIF FAX (772)4824132 BOARD OF COUNTY COMMISSIONERS GROWTH MANAGEMENT lmd 1OWK L SMrM District No. I ► DOUG COWARD, Maim No. 2 ► PAUt.A A. LEWIS, D&biet No. 3 ► CHARLM GRANDE, Dimict No. 4 ► CHRIS CRAFT. District No.. S County Administrator - Dou&s M. Andown Web" aiww.on si4ude.fl.us 2300 Vk&ie Avarats - Fod Pte m FL. 34962 NU Adminielreilm (772) 462-"W PiennkW (772) 4e2.2822 GISITOMMCel Services (772) 4624M FAX: (772) 462-tb81 Economic Dwslaphtent (772"82-16W FAX, (772) 46216" Tbuft 0001O ment (M) 402-1108 10" 344-TGIF FAX (772) 462-2132 v4w Ilk ISE, 8 40- SOtaR8u 1418 1-0049, Quo ion t CD Sig CD co C ws cnV tli i %1 0 � Z a 2 MCA z 19,z p i R R: '! 4T 3: o M- a 0 CO -4 ReWo Z > Q mr zzzzea 0 WNW Q'o %) Cf 11L m X, rrrov ip mm 0 0� 0 Q 4114, ! 1Doti 4 MOO gig In z Ra &a OL C;UL GL i3. > 1> • AL M .0110 M "a wall g '00 In P3 -n -nl pl.,n r -n -n J-n r�- -n 'n r r-n_ -n P3 -n "n -3 P3 -n z In 61 CL 94 IL & c I a -1 39 V N V 37 r CL w err V c. eo CD p Fri waw�d i 1hr powAM b �..eeu AeeAi tadid�. R� b M0 rb�wre►+r�bar�aeres.�; yasr��wwM�r e �I�tib�1NIM�MrMlerf�t+iwwomtw b.urp��ispbrd�nevpa°tirl+raw.ras�er siMM+r�lt•a•+r►w�ar. rrt.oawrtreaw�t+r�s1�+1 bRtMw hmomlo*iracybo"Nowt*WNWlb /moms MM tiquhYip WAWN"dam b 1 - 14 �IgJi ANl% 0*0 M rt Lwb am* Con** ft"w" Obebr •1 YYI (I�i�waPAatftlbablrpM7liNr2J171ot1:G.Q T7f�1i6119r. Comprehensive Plan Citizen Courtesy Information List Page i of 1 Comprehensive Plan Citizen Courtesy Information Dist file:tiH.\DawnlComp Citizen Courtesy Information List.htm and Associates, inc. TRAFFIC ANALYSIS FOR COMPREHENSIVE PLANAMENDMEITT Fdxuwy2= Revised SVtmba 2008 04137WW 0 Kim3"41em. and Assosiaus, hm CA 00000696 10521 S.W. v by Center Drive Pont St; LWAC, AM& 34987 77W43-3=TEL 7721196DI38 FAX �t t t� f t a c� K � S I�E t ft n INMODUCnON ........................ ........1 INVENTORYDATA........................................................£.........................3 TRAFFICGENERATION ............... .. ....................................................4 T,iI3TRI urm AND ASSIGNMENT .......................................... ............6 BACKGROUNDTRAFFIC.....................................................................7 ASSURED AND PROGRAMMED CONSTRUCTION ....................... .............8 LEVEL OF SERVICE EVALUATION ................................................................. 9 CONCLUSION..... ......................... I ................................ ..,.... . I 1 APPENDIX........................................................................ following page I I LIST OF FIGURES Fir" 'Tide pame 1 Site Location Map ................................................. ..... .2 / ter'nic TA Q1.iG'C Table # Title Page 1 Trip Generation ........... ................... 2 2013 PM Peak Hour Link Analysis...... ...................... ............14 041376= Pasci rim Kimley-Horn Mn and Associates, Inc. INTRODUCTION �1 It is proposed to change the land use designation of the subject property from Residential (2 dwelling units per acre) to MXD. The subject property is located west of Selvitz Road and north of Midway Road in St. iueie County, Florida. Figure i shows the location of the subject property, which encompasses approximately 39 acres.' The study area for the analysis consisted of all major roadways within two miles of the subject site. While typically MXD would allow commercial and residential land uses, the subarea policies that are part of this request limit specific land uses to industrial. Therefore, the projection of future #rips is limited to the square footage of industrial park area as included in this proposed amendment to the. Comprehensive Plan. Access to the property is proposed via a new connection west to Jenkins Road. ] Access is not currently proposed via Selvitz Road. (l Kimley-Flom and Associates, Inc. was retained to prepare a comprehensive plan amendment traffic analysis for the potential impact of the dump is land use designation within a 5-year timeframe (through the end of the year 2013). 041376WO Y-tsc.l irr Klmley-Horn and Associates, Inc. INVENTORY DATA r The data used in this analysis was obtained from St. Lucie County and other sources and consists of 2007 Turning Movement Counts r • 2006 FDOT counts 2006 St. Lucie County data • Peak Season Factors from the Florida Department of Transpo tat on (FDOT) database (Florida Traffic Information 2006) • AADT volumes from the St. Lucie County Spring 2006 Traffic Capacity Table • 2012 Treasure Coast Regional Planning Model i t 041376M PW 3 2 Kimley-Horn and Associates, Inc. TABLE 1 CASSENS GROVE COWfW* /t PLAN Afi OMMINT TRi sm"ENATION LoW U" Acr4aip kdwwky MY TOW AM Pt a Bout Pit Pp)L "W TOW In Out TOW In ' Old ftbtkm La" it" U*WFateMyft"wftW 39 7d ou ttrr 84 to40 as . sa 32 W7 84 16 49 M 54 32, STOW Toth ExWrw Lmd4fts Tfts IV 6/ 141 48 aE 64 32 bmigidummt lMiwUWP" Mo SF zlea at 214 4T 2a7 w 31o,wo SF 2,193 211 214 47 207 so 211 T 4163 3" 214 47 U7 as 2" #tu11t3cm"{PrraPtxsad-Es j 1,336 In in .1 161 2 In wssc TrIPt2arrNlon FamyAWdar" 2101 - LlM=O.9rLo(X)+271 intlusiltiy Ptrit FE U301 - T. &SO V" Dar IAA SF OFA Puk"awft t3ortmtoa sk4p6FtMiyRftw&" iff2101 , T:0.70'( *&43;{25%i%75%vA lar9wkhtPlpk )tiE 13M T -A.a4 nips taw lXQ SF OFA (32% ik 16% au1) PalitNWr TF10 LioaKatian FW*RWW Mlal *OJSWPS* EfTE2101 _ 1LTE "A U4T)-0A*lAM+s.63CWMbL37%at) T - 0.M blpc Da►1,M SF GFA; (M%ftk 79%out) �te�lMiwTlaao..a.r�u�rwry�M�OFt�NNs+.lY4�fr a«rw+tsrr t- � 1 041376000 Page 5 ClEnrcEtttley-HOCK and Associates, Inc. DISTRIBUTION AND ASSIGNMENT The external traffic distribution for the subject site was determined using model outputs from the Treasure Coast Regional Planning Model (TCRPM). A new traffic analysis zone (TAZ) was created at the subject property within the model to represent the proposed change in land use and to determine the traffic distribution. The potential traffic resulting from the subject site was assigned to the external roadway network based on the distribution obtained from the model. The model outputs can be found in the Appendix. 04IT76 oo Poe 6 Kiley-H©m and Associates, tnt BACKGROUND TRAFFIC # . ,Existing Traffic Existing PM peak hour peak direction traffic volumes were calculated from turning movement volumes, 2006 MOT data and 2006 St. Lucie County raw data, jj Historical Growth 1� To account for background growth between the count year (2006 or 2007) and 2013, the historic growth rate was calculated by comparing Spring 2001 daily volumes with Spring 2006 daily volumes reported by the 'St. Lucia MPO and FDOT. This historical growth rate was applied to the existing roadway link volumes to datermine background conditions in 2013. The growth rate on Selvitz Road could not be calculated because AADT volumes are not available. A five percent growth rate was utilized for Selvit2 Road. (lj 041376000 pup 7 Kimley-Hom and Associates, Inc. AND A review of the Five -bear Plans of St. Lucie County and FDOT identify the following roadway capacity improvements or studies in the two-mile base transportation impact area. • S. 25'� Street from W. Midway Road to Edwards Road/ CR 611- widened from 2 lanes to 4 lanes — under construction. • W. Midway Road from Florida's Turnpike to S. 25 h Street — widened from 2 lanes to 4 lanes — identified as a capital improvement need by St. Lucie County —Construction planned to begin in 2009 as per St. Lucie County Engineering. • Selvitz Road & Glades Cut -Off Road Intersection — assured intersection improvements. 041376M Page 8 lGmley-Horn and Associates, Inc. LEVEL OF SERVICE EVALUATIO Tabte 2 shows the results of the Level of service analysis for the proposed land -use change for the analysis year 2013. The volumes in this 2013 analysis were obtained from the sum of the existing traffic, background growth, and the land use traffic for PM Peak hour traffic. The additional traffic related to the change in lanaiuse is expected to sguificantiy impact (more than l °l of the adopted capacity) the roadway at the adopted level of service the following facilities: • Selvitz Road: South of Midway Road Midway Road. from I-95 to 25th Street • Glades Cut -Off Road; South of Midway Road The change in land use is expected to have de minimus impact to I 95s a Strategic Intermodal System (SIS) facility. The following link is anticipated to exceed the geueraliud servile volume; Midway Road - from Glades Cut -Off to 25'h Street. Midway Road from Glades Cut-off to Selvitz Read is projected to exceed the generalized service volume in 2013 with or without the change in land use of this Property . Moreover, Midway Road from Selvitz Road to 25"' Street is only projected to exceed the service volume in 2013 by four trips given historical growth and land use traffic. The widening of Midway Roan hom Florida's Turnpike to 25`b Street is contained within the St. Lucie County Capital finprovment Flan. This widening is also contained within the Long=Range Transportation, Cost Feasible Plan. As the property develops, site specific eoncurrency analyses will be performed to determine specific improvements. 041376M Pop 9 K � I�`IY n xRRR :.fei�oo ��wv �' dd do. Leo w�-:a o" oo ar 'Nu gi . .nwa.- �"da i a as all IM I is ) Ilk #Ill If kk 11 ! w Tir i dww wcuwea oc as v� b runKimley-Hare and Associates, Inc. CONCLUSION Kimley Horn and Associates, Inc. has prepared this report summarizing the impact of the proposed laud use amendment for the subject property located west of Selvitz Road and north of Midway Road in St. Lucie County, Florida. It is proposed to change the land use designation of the subject property from Residential to M X D. While typically MXD would allow commercial and residential land uses, the subarea policies that are part of this request limit specific land uses to industrial. Therefore, the projection of future trips is limited to the square footage of industrial park area as included in this proposed amendment to the Comprehensive Plan_ It is understood that the purpose of the comprehensive plan traffic analysis is to demonstrate consistency and financial feasibility with the County and State five-year work programs, Concurrency is not addressed at this stage but rather administered by St. Lucie County when the applicant submits a site plan application. The maximum land use intensity is theoretical in nature and will be adjusted at the site development stage to meet adopted level of service standards. i The analysis indicates that the link of Midway Road from Glades Cut -Off Road to i Selvitz Road is expected to reach and exceed its capacity by the year 2013 with or without the change in land use of the subject property. (j The following mitigation options are available to the applicant to address Midway Road: 1) Funding is identified in either the State or County five-year Work Programs 2) The applicant phases to approximately 100,000 square fed resulting in PM peak hour trips being net equivalent to the existing residential lanai use designation. I 3) The applicant prepares a more detailed analysis at the concurrenoy stage to demonstrate these facilities meet acceptable level of service. 4) The applicant may enter into a Proportionate Share Agreement for necessary improvements. 041376NO Page l t Kimley4iom and Associates, Inc. ...\ ^ \APPENDIX i : 3 TABLE 1 CASSEN3 GROVE COMPREHENSIVE PLAN AMENDMENT TRIP GENFRATION Land Use Acreage Intensity oally PM Peak Dour Trips Total In Out SirgieFatttvy'Resmentiai 39 78 DU 827 86 54 32 SubTotat 827 86 54 32 ` k Tali FmIsHnn Ladd -Una Trips Be 54 32 dal Park - 100.000 SF 6% 86 18 68 ( Subtotal 100,00a SF a" 88 18 68 t! ToW Proposed Trips 696 86 lam# lI1 mum {Phrased • Extsting) -131 0 48 36 Now TV was calcaftlact using ffm fo lowing data, Day Trip Generattca Single FamBy<Aftic!ential [ITE 2101 = Ln(T) - 0.92 *UKX) + 2.71 Indus rist Park (ITE 1301 = T = 6.96 trips per 1,000 SF GFA AM tank t#ourTrtp Generatton Single f; a*en#al ItTE 2101 = T = 0.70'{X) + 9.43; (26% in, 75% out) Induakfal Parrk [ITE 130] m T = 0.84 trips per 1,000 SF GFA; (82% In;18%otA; Pm 1 p Ganeratlon ReWdentlal LITE 2101 - I n(T) - 0:90'WX) + 0.53; f 1m. 37%=M, Park (ITE 130) = T = 0.86 tr�s par 1,000 3F GFA; f"' '"7811i . . sva��.aaienou tara -"me4r— wa.u, oa-s,aaoa,*lW 9en � 11 l� CogyKyta 0I0Q9, K4nYyi9eep auaA. law i� s i� f 1 ® o r o c o 0.27 O.18 1 L9 03. m ' IR 0.46 `a �.• _ �.� *• � oar '-'� a N � � a [11 G t � j 12 42.72 42.I2 ; 4&03 ,�' 58.5s r 41.4841.46'4G.4 36.74 36.74 2391 �a 23A8 23.ti2 23. 12.86. i h CRY �' as G ------------ a � f 3 f 2 D i as a a' IV To 043 a VOWAY ROAD COMP PLAN AMENDMENT ST. LUCIE COUNTY, FLORIDA TRAFFIC DtSTRMUTION (PERCENT) 1/17/2006 Licensed to Kimsey -Horn and Associates, Inc. tS It I% 1� 12.00 126 L- 0.43 10.16 lk 0.2 0,04 C4 0.06 ajol* - ik 001 ai 0.2 0.04 4 0,41 N 02 0 0-of 0.04 0.01 40- IV p 0.1 c'1.23 13. u*' 0145 at, 0, 0.61 taO Ch Cli a N. 0.46 IS4 1-94 0.1 ,ld C-4 4172 Ina 36.74 30JA 23,40 23J)2 120 'p .' "r3 9D 0.23 'o. 4 ie 1A 4 91 i N H 0.51 51 025 0.19 0.92053 40 0.47 ------ t 0.75 ---- 4(A I MOWAY ROAD COMP PLAN AMENDMENT ST. LUCIE COUNTY, FLORIDA TRAFFIC DISTRIBUTION (PERCE" 1/012008 Licensed to Kimley-Horn and Associates, Inc. Planning & Zoning Meeting Sept-9, 2008 Agenda Package '41W To: Submitted By: SUBJECT. IV A zv B zv C BACKGROUND: FUNDS AVAILABLE PREVIOUS ACTION: Agenda Request Item Number Iv C. load ng.Dster 09.09.0$ Consent { ] Regular [ } Public nearing ` [ X ] Leg. [ X j Quasi -la [ 1 P14e4iAppgcan John M. Dunn Fie fW9. i #II�R-l2t D813W FuIure Lan , a Map Atr 9fxknent n AG-6 (Agrlwltrai- 5-1 dut5at as) its MXD (Mbced Use r Specift Use Arear Ong Figure 1-71 of Policyt' 1,1.7.3 of fhe CAmpr tsiva Plan f�-03ty amw Cossens White Cify grove Appkwt 1 Agee Terry L. V tta, AiCP Fake No. `Ft U 420061453/ TCP-420081464, Future Land U Maps Amendmantfrom RS t W Suburban - � dt ) to IN7tt} *Abwd Use Spedft Use Area adding Fide 1-7m and SubAree ply language Three applications for Future Land Use Amendment, one including a text amendment, are being considered in the current Comprehensive Plan amendment cycle. WA This item was scheduled for the August 21, 2008 public hearing. That messing was cancelled and rescheduled far September g, 2006 due to Tropical Storm Fay. Please find agenda 'item for the August 21* meeting attached. RECOMMENDATION: procwure 1) Open the public hearing for St. Lucie County Comprehensive Plan Amendment Cycle 2008-02. 2) For each ordinance to be considered, hear the stall report, the applicant's comments, and pubes comment 3) Close public comment, not fhe hearing. 4) Hoed Board discussion and then Board action on each item. Recrunmenda#�n Vote to recommend transmittal or denial of each amendment application individually. Recommendations for each application are contained in the staff reports. Planning and Zoning: APPROVED] DENIED OTHER Form No. 07-28 %aw r 1' BOARD OF pVV ry COMMISSIONERS AWU$t.25; 2008 NIAGROWTH IOSEPH E. SMITH, District No. I • DOUG COWARD, District No. 2 s PAULA A. LEWIS. District No. 3 • CHARLES GRANDE, District -No; 4 • CHM CRAFT. Maid No, 5 County Administrator - Dougtss M. Anderson Welmitix w ww.co.st-Iude fl.us 2300 Virginia Avenue Fort Plerce, FL. 34982-5652 Admina rsdow (772)462-1590 Pisming: {7M 462-2822 QlStTadmicW Services: (M) 462.28" FAX: (772) a62-16M Economic Development: (772) 462-16650 FAX; (772) 462-1579 Tourist Development (772) 462.1535 1(W 344-TGIF FAX: (772) 462-2132 Wes! Ir FLUMA-420081453 A petition of Steve Cassens (Agent, Terry L. Virta & Associates, Inc.) for a proposed large scale Future Land Use Map Amendment from RS (Residential Suburban - 2 du/acre) to MXD (Mixed Use -Specific Use Area) for 38.05 acres more or less .�wy..y!•y .! �...f�.-?� e�.��.M z..n. �. f�. �. ..f.."� +sy a�w .�s. �. +�.y +7► � w �..l.y +!a . +a. w n.�'_ w h ^ h. h1 h �. w ^+w ^'/w h ham-, ^ �y h1 I^ ^�-. •��w ^Iw ^I� ^Iw ^DIY ^. .+." .w ':+.. �.: �..=r ,..:..•+."r..+w Yew .w w: ew w," pi ew .� aw .,`+.." �: row .�.. .N a► "r' w _.w _•r► r.` w�► rw r' w►`"r r1"�'riC"r •rC"r w"r •rCr'r �r► �t''r' ..v .w` r' sC`r •n 1' � .� + ..� r ;� a �+.:`►` ..�.�...�.� .?w`A ��.r.•wAo^r ..1 +.+•C +.,a` w w� ,a r w ^� ^aw r`w ^r'y+ a^, ♦w h/Sw w h'w h/}• aw w ^'a1.. haw ^''w h.•yY w rw hays w �'�. w ..." t.,w ;,,Y.� y� •' t...':,r..w L,y t ti...."' yew' S,w�,a •�n` �,...^ L.w%•r"�" . � 1s''`=+r"` •r±'q•` t ":.i► rw +�i� ;j��`v�?w .�� w��•�r�+r..r�,�wr�w�,�,'w��.w,�`r,.�7�CyA'.nar�.h7w'Y�.r� �` � �' ��wA �/►. r. ^r^Yrr a^i��L e..�� � �",��� ny� fir, j+►.� 1;�� hI«'��i. •`V� ^+•^ n`r^� hr�; ^I^ w ^ ^rr' 'ti.. ^rw w at rat /► at a�C"r� ��' A IC�w rw rrC�rA r�"r�•� r'rA" ` �a"�r �ky •n. 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'•'mow w'^�w 'V•+'wI h Yew e w` rew Y.'w x- r ew .w rew rY.ew eA �.+. y,✓M Nip r.K My.e� �,ew r .._� .•�: _a: rA; r.r ^ �,�. �r'rC".w..w„4•w_,wrw+riC,+.w_�r.r�i"' .t r.,C'o�w,4.w„y_'^r y � w;+�w � w _ _ • A w � +� wrw x. ��+� �h '�i. �i.^ "`•�1. h _ y.Iw tIA�,,. ���i �i �S S p•Y� ^ � ^'1...•,� w'�Y ••. w ^�'�. •^aw r•w h� ^+w ' ^aw ^..'.,, aw w � ,fw ' ,mow ^.�+ aw ^.�''► ham'' iw L .rC r.��'r.� ti�.n�'r�i Ii�_r..i'�Y�l!'�i�rs �! r h� dw• .Y� � '�7 �� 1 :w^ 1A,�;w^+w: w^.w ��w!w^w A~�. �1iA ew A ✓+ �w � � e� w ^.Y'•ii.^y^ , �i % �A h �•�w.IA h%��/�ilip�l", „ys^�i.���nf.^� �A � ^ h Yew r•'� �� Yew .,..�. �•• ♦ rat rw r+t ra► rw r A Yr A�'r K' .MCY' it^rr iC at"rw at�'r aC"rw w` raC' •i:•'�•'Z,.•a' j; ••a7'!4.+w. �^ ^• � s. �.,��: i�`�� •'+'w '�-"�,,,,�Y'�:'s"�:.'s- i."s.�:^ .'� a...• .+ ^, r, h./ h� . y` '• n.•.� h� .h. "'•mow 'Vw ^+� w .� aw�� �"� ��.. ". a.''�,.+. iw mow ew w �.+.�..,•"••':,.,•+ .,ow .v." o+ :ow rrat A'""' ^ .Mt � .^ti r� rA'"�'raiC atY ./Crwr��r wy` w+�'�+� .r�.+�� ��h rr•�� DEVINE:RD N$LRDD CANAL ND. 102••. ■ ■ ■ ■ ■ ■ ■ 500 R ' o ■ N � ■ F J ■ ■ N FAV.ORITE.RD w U LL LL 0 H 0 a W MIDWAY RD :: r::•. •. •:: •.:.::�: •: � is i �:''•' O • •R GB D EGAL C O J• z ® Subject property ■ ' i 500 ft. notification area .... N City of Ft. Pierce�""6 ;rwrAxa�gyena�r Deyanw�nr City of Port St. Lucie Map prepared July 18, 2008 • rim W � N. fY[ 4 C W To: Submitted By: SUBJECT: IV A - IV B Agenda ,Request item Number 110100 "a IDitw, 08.21.08 Consent i I Regular Public Hearing (X ) Leg, l X I Quasi-jl) i I Pknnina and Zonina Commission E3y Growth Management Department Gwwtfi Manegbment Nrector Public Hearing for Comprehensive Plan Amsnlment Cycle 2008-02 Ordinance Q&= Prot Name 1 Applicant John M. Dunn File No. FLtWA-124W1388 Future Land,Uta, Map Amendment from AG-5'{Agricultural- 5 -1'duf eyes) to MXD Nbced Use De alo;I~€) Specific Use Area, amerwft Figure 1-71 of Poky 1.1.7.3 of the Compmhensive Dian IV C Ordkiancce 08-030 Pit t i� Carew White City Grove AMA=-Y4l Agora: Terry L. Virte, AICP File No. Ft-UMA-42 81453 / TCP-43M1454: Future LwW Use Map Amendment from RS Identiel Suburban - 2.dulwo) to WW (Mbwd Use Development) Specific Use Area, adding trigure'1-7m p,d,Sub-Ares to * BACKGROUND: Three applications for Future Land Use Amendment, one Including a Wd amendment, are being considered In the current Comprehenstve Plan amendment cycle. i+UNDSAVAILABLE: N/A PREVIOUS ACTION. NIA RECOMMENDATION: Procedure, 1) Open the public hearing for St, Lucie County Comprehensive Plan Amendment Cycle 20os-02. 2) For each ordinance to be considered, hoar the staff report, the applicant's c ommer►ts, and public comment: 3) try pro comment not the hearing. 4) , Hold Board discussion and then Board action on each item. Vc WJ* recommend tranerruttal or denial of each, amendment application individually: Recommendations for each application are contained in the staff reports. Pin sand Zoning: APPROVED Q DENIED ` (—"J OTIEf3 J'Form No. 07-28 0 PLANNING & ZONING COMMISSION REVIEW: 08121t2008 File No.: FLUMA-420081453:1 TCP-4200814U MEMORANDUM GROWTH MANAGEMENT DEPARTMENT . TO: Planning and Zoning Commission THROUGH: Mark Satterlee, AiCF , Growth Management Director FROM: Kara Wood. TVC Planning Manager DATE: August 4, 2008 ITEM: Cassens White City Grove Future land Use Map Amendment GENERAL PROJECT INFORMATION APPLICANT: -- Steve Cassens r 3180 North Kim Highway Fort Pierce, FL 34851 AGENT: Terry L. - irta, AICP 3101 Park Avenue' Rivlera BeraCh, 'Fl 33404 REQUESTED Future Land Use Map Amendment from RS (Residential Suburban) to M ACTION': (Mixed tin Developmentl" Soecft Use Area_ and text amandment add F's$ure i•lm forthe.prapoased MXO.area a'nd providing 'sub -area policy language: PURPOSE: The owrierhas requested rots amendment so'that the property relieds land uses surrounding and abutting the property. LOCATION: Northwest quadrant of West Midway Road=and Seivitz Road, on north side of Favorite Road. PARCEL SIZE: 38,05 acres EXISTING USE: Citrus grove. ZONING. AR-1 (Agrlc: dWmi Residential —1, 1 dufacre) FUTURE LAND RS (Residential Suburban) USE: PROPOSED USE: The a0li Alon states that *Land '18 intended to remain in Citrus for the foreseeable future. At the point of development to lnt t is to use it for industrial purposes Utilizing the Planned Development - indusfiW zoning PROPOSED A change In zoning Is not" proposed at this fare; the curs zw, of AR-1 will ZONING: remain, Sub -Area policy language proposed as peat" o theSOt3Se Area reclines that the property rezone to PNRD (Planned t -Res that Development) at the time of development. J 1 ` PROPOSED MXD (tAxed Use Development) Specific Use Area FUTURE LAND USE: SURROUNDING PROPERTY: North: �o rnir : IA (ught Industrial) City of Fort Pierce _. t .(Industrial) Exfta, ', .Macant land South: z0ft: I (institutional) Imo: PIF (Public Facilities) Existing Usk U.S. Post Office, St Lucio County Sheriff, New Horizons of the Treasure Coast East: Zoning ARwI .(Agripulturst Residential —'I), RS-2 (Residential, Single -Family 2) ELU:;RS (Residential Suburban) Existing'llse Large -lot (I to 8 acres) single-family residences West lH (industrial, Heavy) F . ;IND (Industrial) Exlsling.Use: industrial park SPECIAL INFORMATION Public Utilities Enara Fort Pierce Utilities Authority Providers: Wa%r. Fort F e Utilities; Authority W j VY Fort Pierce Utillties Authority Public Services 3torrn Warier: Svufh Florida Water, Managernent. District (SFWMD) and North St. Proviidars: Lucie bier Water Control' strict (NSLRWCO) Fire Rescue & EMS: St. Lucie County Fire District Law>Enforcernert St Lucie County Sheriff ANALYSIS The,ourrent, zoning of this property, as well as most. of the residential parows to the east :along Selvitz Road, is AR-1 (Agricultural Residential 1). Seotion'S.t31.Q .E provides the following guidance for `develo rent Inthis zoning district. The prepoe0 of fhls d*M is to pwlde andproW� an errt*wmeM;au Me ivr single fw* it ?ings atair, rrmeAnwm density of one (1) dwelt per go" acre, togetlw such o ar-am; as may be necessary for and compaWe wlih vW low density rural Under its c;urent zoning„the property could be divided into I -acre lots for up to 38 single-family residences, though the ultimata lot yield would be lower as some acreage wrouki be cased for streets to aocess these lots, Given the RS Feature Land Use that provides fora development potential of up to btnm dwalli ng units per acre, the spplloant could also propose to nezorte the, property to RE-2 {f?a Wantlol, Estate — 2), RS 2 (Residential, Single Family 2) or PUD (Planned Unit Develop ment) and develop up to 76 single family units. Should the requested Future land Use designation of MXD Specific Use Area be granted, at the time of development the property would be required to rezone to the PNRD (Plonned Non - Residential Development) zoning district. Uses and intensities would be limited to non- residential as outlined In the Sub -Area policy language. FUTURELAND USE: The Future Land Use of the property is currently Residential Suburban, which `is intended to act as a transitional area behwen the agricultural areas and titre inorb Intense -residential areas in the eastern portion of the County.... The RS designation is intended for large lot, ogle -family detached residential dwellings, at a density of one to two, units per gross acre " The proposed MXO land use"would ailiow devetopment-listed in the concurrent Sub -Area policy text amendments primed by the applicant. To be both' to em with other Specific Use Areas in the Comprehensive Plant and clear that residential development will not be permitted on-#Iis site, staff has, revised the applicant's proposed sub-sarea policy' language to read as folitwus • This Mixed Use Activity Spedfic Use Area Is restricted in use to the equivalent of the COM and IND Land Use designations Ss: described In ' the Future Land Use Element. IND uses shall be limited to 310,800 square'feet of gross 'building area, COM,uses shall only be ancillary to IND uses, • Development on this sits shag be approved through the Planned Dion -Residential Development process, and shall` include aporoprists'- opon space' and buffers adjacent to residential uses and environin*ental conditions. Access to development shalt be provided from the west vla Favorite Road, ",Given that industrial and institutional;, uses exist or will be developed on three sides of the subject property, it is staffs asseamm- nt that the proposed industrial uses would be more compatible with this area than the existing RS land Use. COMPLIANCE WITH COMPREHENSIVE PLAN: The analysis staff conducted Indicates that an MXD land use in this area is not ,entirely consistent, with the St. Ludo County Comprehensive"Plan. In staffs'assessinerA, the area of this parcel does not meet the criteria outlined in the following Comprehensive Plan language. The intent of the Adiked Use Devetopment (WO), de6Vnaftn /s to idel'W Oroso, wove where Innovave• tend UW concepts are encodrAgedr Appffbafi n>'ot this d &**id sh;641d be whit prudence, and should be only to those areas r3rhene' �o�rtat t�.se A--J6.1fA%,:' I i..� wr.sr..s`. Ah. :r..ta..fi Im he L4 r. 1 141 J Future Land Use of IND (industrial) may be more appropriate for the subject property. The IND designation would be .consistent with the County Comprehensive Ilan and would permit all of the uses and intensities discussed in the application and proposed subarea policies COMPLIANCE WITH STATE -STATUTES AND COMPREHENSIVE PLAN: Staff has reviewed -the proposed Future Land Use Map Amendment against the standards provided in Rule 9J-5.00M Review of PWe and Plan Amenctrnen#s for Qtscoureging the Prd femiicm of Utban Sprawl, of the Florida Administrative Code. The, County currently has, over 1,500 acres of undeveloped Industrial lead within the Urban Service Area. it Could be argued that •projected growth tr+eruls Over. the planning period" (OJ- 5.006(5Xq8I do.not warrant additional industrial land in St. Lucie County et this time, but even this assessment is dependent upon unforeseeable economic trends in the doming years:- in staffs analysis, other aspects of the evaluation of land uses (9J-5.0 5Xh)J Including the location, functional relationship and existing pattern of development in the particular area of the Counnty, dearly warrant this amendment. Staff finds that the proposed, amendment is consistent with the relevant provisions of the state and ;regional plans, rules and statutes and- does not bigger any primary, Indicators for the prol#eration of urban sprawi. If the Future Land Use Map Amendment were reWsed to propose an IND land use designation, this would also be consistent with state and regional standards. COMPATIBILITY WITH EXISTING NEIGHBORHOOD: Future Industrial uses discussed in the application would be compatible with the industrial land and uses to the north and west, as well as Institutional land and uses to the 'south. With { buffering appropriate to the specific intensity of proposed uses, Inclustrial,development could also be compatible with the existing low -density residential condition to the east. If the Future Land Use Map Amendment for the site were approved as industrial, future site plan application, could, occur as either a Major Site Plan Apples or.a Planned Wren -Residential Development. Sub -area policy language proposed with the MXD land usaAesignation requires that a future site plan occur as PNRD, providing a slightly more stringent review process and requiring 35% open space. One argument in favor of the 11lgCD Specific Use land use designation is that the PNRD process would be mandated, whereas a PNRD application is optional in IND. ENVIRONMENTALLY SENSITIVE AREAS: According: to the applicant, the site has been In active citrus production for decades and there Is no indication of environmentally sensitive areas on sf#a . At the time of dement, appropriate buffering will required along the. southern edge of the property adjacent to the environmentally sensitive areas to the south. NATURAL HAZARDS:, No natural hazards exist.thtrinsic to this site. The subject panel Is located in Zone X, outside the 500-year flood plain (FEMA Flood Insurance Rate Map Number 12111 C0188 F). HISTORICAL AND ARCHEOLOGICAL SITES: No Significant historical or archeological sites are known to exist on site. The two closest historical sites are concrete biotic homes approximately one mile away. Both were constructed in the mid-1950s and both ineligible for the local or national register. TRANSPORTATION IMPACTS: In staff's review of to traffic anal, the proposed land use change would result in an increase of an estimated 2" vehicle trips and 71 p.m. peak hour trips based upon anticipated site development trip geneobn. These additional trips Wi4 be assigned to Mdway Road between Seivitz Road and the Florida Tumpike as the direct connection primary faclity and to Midway Road -between 2e StroWand U61 as a secondary distribution factifty.' Both segments of Midway Road are opera#htg`at a current LOS, "F" condition. The traffic generated from any future development an the site will have to be mitigated for by the opplioanf. Midway -Road *6fh SSMU to they Tump lta ha's soma funding htent#ied within the Gwuntys 5-year � irr ftism P00900 for widening from a 2-iane fitellity to a 44ane faciIlty. it do" riot anppe�r OW the klenfiflad fir4mg , V40 be I suff%lent to complete the full reconetmption pmlect; and no tonstructicin funding is identified for the portion of Midway Road east of South 25* Stoat. Regardless of the status of funding or construction at :the tirne of site plan or rezoning application,, the applicant will be required to enter into a Proportionate Fair Share Agreernent Witt the County we n" meaof mitigating tnaffio impacts for any devefopment bf the site. The applicant has submitted of Con4tMocy Deferral Affidavit to -defer the certificate of capacity until the time of proposed development. PARKS AND RISCREATION:; As the proposed Future Land Use Map Amendment, limits future development to non-residential uses, there Is no anticipated Impact to parks and recreational factlitles. �'�.�-w�w�>•{ wwi,}: i. i.#�1{\wwiii�.lAiiii { Mw. Whether future development `6 premed as a Planned Non»Reeklsntiai Development or Major Site Plan, all site plan appliations shag comply with the St. Lucia County Land Dvvelopment Code' and Comprehavts ye lien In order to receive final site plant appmvak This' will require adequate buffering between any .proposed uses on the' -property and €esldent al uses to the east and environmentally -sensitive lands to -the south, Design of appropriate buffers should be based on the Intend% of the IndusbW use as well as the ptoatimity to wdeting residential buildings or conditions, STAFF ANALYSIS SUMMARY The proposed Future Land z Use Map Amendmentis consistent with Chapter I Florida Statutes, and the proposed rises are 0onsister t with the St:: Lute County Comprehensive Plan. Staff finds that the. prciposeWd designation of MXD an this parcel does not, however{ meet the; Intent of a mbmd use area. By definition, this designation should provide opportunit}es to Integrate residential and non resklentai uses In areas of the County appropriate for greater flexibility In land planning. To create an entirely new MXD area in tine County, then proceed to unlit it to industrial Ames., occurs to" as counter -intuitive. This, however, is an Iri erprete ion of the Comprehensive Plan' Rttaht that is subject to advisement by the County roost Planning Agency and determination by the Board of County Commissioners. A 0 ,ftw Em ExhibIt.A MOPS Exhibit B Zoning Districts SJMF RE-Q-0#AMKHD-AII0N suture Land Use designation of the oubjec A parcel to IND asion and to Board 0f'C0u* Commissioners with intent of,the amending_ the Fuhre UW Use as, such. Location, Zoning, Future Land Use, serial ExistingeZoning; 3.01.03.E, AR-1 (Aaricultuml, propcs,@4 ZonhV: 3.01.03.CC, PNRD (Planr*d Non- K"Icermw weveMy"It"N) Exhibit C Comprehensive Plan te m the St.Lucie County Wn Exhibit D Rule 9J-5 errant excerpts from Rule gj-5,006,Future Land Use SwnqK Florida AdministmItive Code Exhibit E Ordinance Draft OrilinanceN .030mend approval or denExhibit F MotionSuggested mto recom Exhibit A maps- Locatio "n, Zoning, Future Land Use, Aerial j M ,.. ci L w 8 Apnoo-gogo-Vo FLUMA-420081453 zoning Petitioner: Steve Cassens (Agent, Terry L. Virta & Associates, Inc) ® Subject property ' 500 ft. notification area City of Ft. Pierce City of Port St. Lucie R,%2 :`.-71 RD SLC Zoning Residential du/ac) PSL Zoning AR-1 -Agricultural (1 CN -Commercial Neighborhood RS-2 - Single Family Residential I - Institutional "- Industrial Heavy RS-2 -Residential Single Family (2 du/ac) U - utilities Ft Pierce Zoning 11 - Light Industrial y � a.<.y�a.�.rV5.—Mmr OS-1 - Open Space Recreation Map prepared July 18, 2008 NI Nbw FLUMA-420081453 Future Land Use Petitioner: Steve Cassens (Agent, Terry L. Virta & Associates, Inc) • P/F ® Subject property SLC Future Land Use PSL Future Land Use COM - Commercial OSC -Open Space Conservation ■ ■ ■ ■ ■ IND - Industrial RL -Low Density Residential ■ ' 500 ft. notification area P/F - Public Facilities r • ■ ■ ■ RS - Residential Suburban (2 du/ac) City of Ft. Pierce T/U - Trans rtation/Ublities � Ft. Pierce Future Land Use s«�•,,�•�•- `''`':; Cityof Port St. Lucie I - Industrial Inst -Institutional Map prepared July 18, 2008 ,'ad llfAV ARA Afftuftural, R967" I zo ning Diowcts t Cuflym zcnw L3is m 3.01.03.E. AR-i AGmctjLTuRAL, RoaoegnAL--1 1. AM is to Im hm i g� v X60) ti be rep, Irt ia#` c Wit# .. 'sMta1N 1w�"wwaN a�1l►ie ,vtmh rw ! A WolI5T1VIV a 't fa}•+ i 'w st I t1A14 LAM t% # f kt Y _ S .�dy Y I Ni w 4, ilscjl .5 t k a . a. ;.. €�� � � m. �� • • •,_...; • P e-a sus, a s :P 4 . s ► c • +�a F v3 rs 1 5 s' �a�#�: a; lj i _ t a W :. • • s'.j.s _ ( _.r,a°s �i'e, s a, s a t -f+ e• - a t c .a. � rat - a e; _ ,I m• rt k t et 1 a ;• 12 ate. 13 s _ m S 6 �:'� e 1: • *�. i I :. i# _ —; ih e• i @ t: 3 3 t R 8 14 .-.(R^ 11-i # _ { • _ ',fit I': • �� .f � - • f i JI �# _ 8t,' m55. 0 �••, It... -t9 _ •.!'.�M: 3 Q R,K rt. ,Y:! ie ®. Y _ q: �m c vA . ��;,.i .. s. s. •, .,, vt�, a•.._'i ,•i t . a.r ♦ t.� ♦ i! +t� rsl', �. a. •. ��s*.,v ,-' a �9 iei- i ',•l9 I Comn**Jcn issuing sf#ral order finding the adopfed amendment In corn*npe in scan' ani * 2 - with SeWon 163.31 "10). 3 -4 L. - .N I After mom and sri�oc . ab von this Ordinance was as follows.. 7 : qyI Cha#t nirfJassph E -Smifh XXX 10 Vk*-ChW m8n Paula A. ! swis M : 11 12 : Comn*mkoner Doug Coward X)0- 13 14nrnkciner Chem Grande �Y�'w.,. .V, 16 Commissioner C.tft Craft 17 It PASUD AND DULY A OPM ##1k IVY day of rY,•4-• 19 h� 20 BOARD 2i S'f: FLORIDA` 22 23 `+ 3k 24� 2527 `_ ill 28 !i 29". At31, 32 33 34 36 Cterk �'; County Atkney 1l/y ~i 3 40 kYWmay. I rb Nt .- FLUMA42=1113 t TOP-+420091• 64 Owe 0"m comwe M 1 2 3 4 5 Exhibit "B" Maps FLUMA-420081453 A petition of Steve Cassens (Agent, Terry L. Virta & Associates, Inc.) for a proposed large scale Future Land Use Nip Amendment from RS (Residential Suburban - 2 dto MXD Use c Use Area for X03 acres more or less w w �w yA w ^w w w� �yw •mow w �Jw!�ry^Z�.s•.w� !j+w�_��w�yw ,,, w �` '��jw j �Y. �Y •���i� •^�.Yfr+Q�'7i ^y�lCwi^�^�i� ��i!'- w. w. w _ w w w w wM ^ w. w• • OEM E ■ ■ • • ■ • • ■ ■ • • • • f/•lORRE RD • �• i o rrrr.r.rrrrrrrrrr.rrrrrr wr W AI DMYIY RD - �•- - ••_ •.. rt. :. _ ...•cam • _. •: _ ..-::' � _ - - ._.:. -` K _ ....tl• :i � :�• •.i:.-hf 1u1 �1.�.. A-r,• �5 S. :•• rC .Y• i! • 4• � �. y��• J � .N :+ �T.i , _ • • N Jam, .•� JI 1'• �•. n11�. i'r: •• 5C f• -k J i.Ir 3P v �Y �•. n ,: - .., • 54 r <l � a� IS � _aA; G �l. �! .iJ,•,- _ '-- • A.. •r�� -r �. JC= i • Y• 5J• .�:.j• .r1 ;C•yi ® BubjW prop" ■.sa. ■ ■ 500 R noliikwm area City or Ft. Pierce �;� =�«,p t°•-• _ N ..tr•' , City of Port St Lucie Map pr•p■r•d July 10, 2008 A, File No.: FLUMA-420081453 / TCP-420081454 October 27, 2008 Ordinance 08-030 Cassens MXD Draft.doc Page 6 2 3 4 5 M. Exhibit "C" New Figure 1-7m MXD Specific Use Area Fife No.: FLUMA-420081453 / TCP-4200881454 October 27, 2008 Ordinance 08-030 Cassens MX0 Draft.doc Page 7 Vifl *a 1iza� � b •a sa tc• a _ ir_ �t •• I�A..1 Thtt*YUL Pam N.07.13 S40 �� tJ %how 4w SUbdtv Me in PWITH HMO"E1NT w 40 JOSM P. SAttfEt. DWft 14O.1 • D0U} CEO WAM D ND. 2. PAW.A A. LEWgk DkUM NM 3 • CKWJ.0 ORANDK Dbtr;et W 3 $' A*AnbUdW • t K Atl am : WWc*A4u*.A ui 2WV r * . WP1 FL A*,*4*kli w 2j 462$15m � MV g� g &M 4d2�2 FAX "MZ M&1331 Eowwft Dwokpm (M 40216M FAX UM 402-16M Tout Ci f (Tr4 402-t40 1(9 q 344,TOW FAX: 4Q2132' I E f4"' .,yam y -� a"'. �:�•�. 4 v V. s i SEPTEMBER 18, E 8 Ted L. VIRM, &ASSOCIATES, INC. TO +•rYC via Pbmft cawAmt Toffy L. Virta. AICP pi#r a iolL it vplicadm 0*1 onion BOOM Room 4jam Ptwwe: 30-7ib-t343 i Our team consists of $t follnwing Witional indlividuaIs: Stew Camns, Prmdent Start E, hicGahce, RE Grove Service Eft Bay SUP, LL.0 P.O. Box 613 546 IOW University Drive Ft. Pierce, Fl 34954-0613 Suite 103 Part St. Lucie, FL 34996 772-461-4615 772-323-2233 Sinc mly, Terry L. Virta, AICP, Primal Terry L. Vim & Associates, Inc. law mown. FA Matson, P.E. y-Hom and Associates 103 SW Village eroter Drive 3101 Pork Averse Rlv4m EeocK P000 33404 Phone: 661-718-IM F= 5614a7682 E-n1t�d1419S7Gho#mM coo EWA 4 Pbr#*V Ganaedonk Tarry L. V1rtc=, AICP Pdrrc; a C& St I=n ComuV Gwwdt hb=pmm 310) Pork Am" ROWSM 8eock P"M 35404 PhWW.561- 18-1343 F4= 561.863 7682 Emdf 4W87Gh *Twff m l4d t« the sties of to oftnds and nags upWd lies on 1,11, or III Wetlands as desor bed In Policy d 1.14.1 SW j 22. APPUCANT ACKNOWLEt E ENTS (O mere ftnetum Must be NoterW t pERTIFY THAT; (CHECK ONE) t (We) dab =" titer 1(we) o" Instele the above des bed Properly for which a charms Future hand' Use I m464 . 10 Page 5 Of 10 i s February 24, 2000 Febm" 24, 2008 Page 8 of $0 ORM NOT CONUn-ETED AS NO RESIDEM-5 Am i pall FLUM V 4 t St Lucia County Concurrency Deferrae! Affidavit S% the above listed property, will be subject to At order can be Issued, and that St: Ludo CWr - cWtImm; is facilities will be available when I aoDIV for thi tinAl, h1a T no vesi Applicant of Florida, County of St. Lucie personally appeared u-e c E and says sworn to and subscribed before trig thle day of k My Comnr Won expires: Revised August 31, 2007 r J R February 24, 2008 Page 12 of 80 �r 2. A scent doeabkV how file propped f skwe band use des%tion'is compaose withthe S fuhai ww usedsa n s3 and odeft WM used swroundkV Ow amendment lands? 1=ebmary 24, 2008 Pop 13 of 60 4 I he ba* .dftmd up to the prop hound iW W _ : , _ PWPDXM i uses to the loath have eVmded air � e6� A" the adopfioa of p s "&d on aft photo of the site and surromd#ng area as weN ffetm ImW use February 24, 2008 w N U60 SCi'.LE: 000' 4 �- ��; LEGEND: FP R-1 SINGLE FAMILY RESIDENTIAL AGA ONE UNIT PER ACRE RS-2 RESIDENTIAL SINGLE FAMILY -2 INST INSTITUTIONAL U UTILITIES I-H INDUSTRIAL HEAVY CN COMMERCIAL NEIGHBORHOOD FP-IND FT. PIERCE INDUSTRIAL )ECStBW NoM=a:17�3W6•S61-2*4S25 CEIMFICA ENUMBM 00006643 NI N 0 500 1000 SCALE: 1" = 1000' PROJECT NO. 07-058 SHEET 2 or 3 3NG m LEGEND: X TRANSPORTATION/UTILITIES INDUSTRIAL RESIDENTIAL SUBURBAN PUBLIC FACILITIES COMMERCIAL -sue i s i _sme+r�an-o rirt 3 - i u u.s.'y..ia..sw�+ao•rwu e.a.n�;w•u�-na+sss CEarnuh MRAM, OWM CASSENS GROVE FUTURE LAND USE MAP rPFPAWr) FOP: CASSENS GROVE SERVICES, INC FORT PIERCE, FLORIDA 0 500 1000 SCALE: 1" = 1000' PROJECT NO. 07-058 SHEET 3 - 3 February 24, 2008 Pap 19 of 60 k a. azc ii wjivi IIR d. tl lrf�t;►rir�:, Zb '� T 14 FtJ�i 4f per (a) M Fh M (10) Fs p _80 t'0 AI cc { la (11) In go md ar , lei to (12) EMcbwk & FOWUSry :Z4..2008 kaV teleommunkabon tOmm V to to sWndwft,of$e €t 7 V 23 ka-qwwW wnmwom t Car Ott (w r�ir!li8rrt setvEt�s v Ist IM swvr �a�ogf �r�iiYii.. v" a" P" Page 21 of 60 Hohdd spolances pm & wiring"w ewwa [� audb & vwoa Squo"m we M► �!�tticl� +A�+F�tt wo a► � � �1� tes a•M as P t srtd oCa1 '�► dodo va" jwsmky, amMmam tau! pid, ws% a p.GWM*sp ft"a"r t� t cdhar olds . OR 00 C. *#=04joF. aoojm jwve6W wA notions. am dsplaw ow z, NEC. om (171 pmodt t -' • moldkig, CA**, aft". and k*"00 POcmft 04 . WM",wWArai wawa msmbem am & sukwH*v* 0% pownp. m W" dold P & a" :...p & n. t - m r,.u~& buNdkV mabrW$ ate► {� riBl�Y�i# Aaf (Y i i t: �aYMJi &;oudon suppOes om pMGM* so iM swvks. wo dw fot**A (46) t om sift . am*js equiptrient Pitt M1 � a pe�oteutm, a� w � 'Old hwfing rd and suppiie#.fm aid w4f&L so 00 ra ro"Or#i goads 0" T hobbyfm Jew toWNW p"WomSwas & mows. Boa► sa oi�ltioods NEC om t - biro gods. Whofsads thAdSpow old papaiproducts. imi) FA Oly Sooft,ald8 . eas Groc*Oft.,� ras ed proms. P" Fa m - n#Ift m�edsls. ow Cfisrnk :- t, mW a1Med produc b, µ" Beer, *jW uxi dteMW #bdutlC beverages. aw Wm nonduraMe goods: Fabn y 24, 2008 Pala 22 of 60 'Wove v February 24, 2008 Page 25 of 64 & VA* we the pAmiddCgmilll�ltsi br"do zisQL EICF.FwKv > lama -I w b on i ll. ! dory !, if, or ill 1i2 ywm4p. r T3 _�_ :r February 24, 2008 Febnmy 24, 2008 FeWuwy 24, 2008 Februory 24, 2008 Pap31 dW r M _� o�. «> PWe 32 of 60 Febm" 24, 2006 I. M, FebrUary 24, 2008 1 I& kdcaw wm under;,OnWdsation i � am wkh common oar0 araa andY n hbcrhood plan of ap t W*d for e it* War� ;, woo 77 as# Frbnoq 24, aWO H o. TRAFFIC ANALYSIS FOR COMPREHENSIVE PLANAMENDMENT CASSENS GROVE ST. LUCIE COUNTY, FLORIDA Prepared for: East Bay Group, Inc. February 2008 Revised September 2008 041376000 ® Kimley-Hom and Associates, Inc. CA 000006% 10521 S.W. Village Center Drive Port St. Lucie, Florida 34987 772/345-3800 TEL 772/286-0138 FAX ❑ � ❑ Kimley-Horn and Associates, Inc. Kimiey-Horn and Associates, Inc. TRAFFIC ANALYSIS FOR COMPREHENSIVE PLANAMENDMENT CASSENS GROVE ST. LUCIE COUNTY, FLORIDA Prepared, for. East Bay Group, Inc. Febiwy 2008 Revised September 2008 041376000 Kimley-Hom and. Associates, Inc. CA 000006% 10521 S. W, Village Center Drive Pon St. Lucie, Florida 34487 772/345-3800 TEL 772/286-0138 FAX C Mr�07 asbn B. Mdsaj, P.E. Flo i& Reg station Number 56799 W" SECTION PAGE INTRODUCTION..... .......... .................I INVENTORY' DATA. .. ....... .. ..... .......3 TRAFFIC GENERATION... - DISTRIBUTION AND ASSIGNMENT BACKGROUND TRAFFIC ......... ......... ....................... .... .........7 ASSUM AND PROGRAMMED CONSTRUCTION ..................... :................ 8 LEVEL OF SERVICE EVALUATION ................................ .....................9 CONCLUSION........................................... .......................... ..................11 APPENDIX............. _........._..............................., .................. following page 11 1 1_CT ter =t. :'-q I Kmley-Horn and Associates, Inc. �r [7 2 Title Page Site Location Map ....................... ...................... - •......2 Table # Tide Page 1 Trip Generation ................ 2 2013 PM Peak Hour Link Analysis ................. ....................10 -N Kimsey -Horn and Associates, Inc. J r INTRODUCTION It is proposed to change the land use designation of the subject property from: Residential (2 dwelling units per acre) to MXD. The subject property is located west of Selvitz Road and north of Midway Road in St..Lucie. County, Florida. Figure I shows the location, of the subject property, which encompasses approximately 3.9 acres. The study area for the analysis consisted of all major roadways within two miles of the subject site. While typically MXD would allow commercial and residential land uses, the subarea policies that are part of this request limit specific land uses to industrial. "Therefore, the projection of future trips is limited to the square footage of industrial park area as included in this proposed amendment to the Comprehensive Plata. Access to the property is proposed via a new connection west to Jenkins Road. 14 Accecc is not "currently nronosed via Selvitz Roan L] l4imley-Horn and Associates, Inc. FIGURE 1- SITE LOCATION MAP . > a :�CL `: e w<z 00376000 orn andAs ada and Associates, inc. TFMFFIC GENERATION The trip generation potential for the proposed land use change was calculated using rates and equations contained in the Institute of Transportation Engineers ReportTrip Generation, Seventh Edition. An analysis was performed comparing the difference in trip generation potential of . the existing land use designation and the; proposed land use des Pation. IEt is estimated. that the proposed land use designation has a potential to e�afe an increase of 1,336 daily trips, 1.97 AM peak hour trips and 181 PM peak hour trips. Trip generation calculations are summarized in Table 1. AW Land Use The existing and proposed land uses are comprsed of the following: Existing Desi~nated Land Use: Residential (2; dwelling units per acre) —` 78 single family dwelling units Proposed Designated Land Use: • 310,800 Square Feet of Industrial Park j ° 28.53 net developable acres at 0.25 maximum PAR the of Based on information provided to Kimley-Horn, overall site acreage approximately 39 acres was reduced by 25% to account for road right -of --way within the project. The resulting net acreage is 28.53 acres. Page 4 041376000 Kimle}r-Horn and Associates, Inc. TABLE 1 GASSENS GROVE:COIIpREHENSr4E PLAN AMENDMENT TRIP GENERAUM PM Pe land Use Acing s I tmoty � TOW la Out Total to - .#Jut 78 DU $27 64 1b 48 16i8 e6 86 •.SubTotal 32 =-lesidenti64 {tlilsaT. BY/ i4 18 4tE 86 54 32 immuse _ 310.800 Sf i83 261 214 47 214 47 267 257 Sir- 21t 12ti SubtoW 310,800 SF 2163 281 �" 163 281 2t4 47 28T Sf" s2" T t,886 19T tg8Wowing x # pat PJ` - E#s 8i •: waa'celattata,d using the doW [ATE 210j = M 1941 - in(T) = 0.921A)o + 2.11 T = C96 biP Par 1,000 SF OFA f 1 t` tirtMrrtior+ pt = T - 0.70'(X) +8.43; {25% in, 76% out) [tiE 13i1j = T = 0.84 tripe POr 1 DOD SF GFA (!2% irt. 48M. out) frtdt N Retflr.11era 7tip Qenerrtton (iTE 210j = tn(T) = 0.90%nN + 0.53; (83%in. 37% out) t�lineit!fiea�dart+at PTE 1301 T 0.86 trips per 1 A40 w arw cnX WL 79%c4 � - lndi�a4i a ; oFta;'Wa��M�Ft�n ;awcra�mNatrao arrrrrrM.vdrKta...rap�_ a ., "fir tt.maf` p�/t114���MeWwYr PW5 tldt i?((Nxl Kimley-Horn and Associates, Inc. DISTRIBUTION, TENT The external traffic distribution for the subject site was determined using model outputs from the Treasure Coast Regional Planning model (TCRPM). A new traffic analysis zone (TAZ) was created at the subject property within the model to represent the proposed change in land use and to determine the traffic distribution_ The potential traffic resulting from the subject site was assigned to the .external roadway network based on the distribution obtained from the model. The model outputs can be found -in the Appendix. j C } 1 i I i 041376000 Page 6 KWey.Horn and Associates, Inc. 041376000 Kimley-Horn and Assoiates, Inc. Ll Kimley=Hom and Associates, Inc. LEVEL OF SERVICE EVALUATION Table 2 shows the results of the level of service analysis for the proposed land -use change for the analysis year 2013. The volumes in this 2013 analysis were obtained from the sum of the existing traffic, background growth, and the land use traffic for J PM Peak hour traffic. laud is to additional traffic related to the chan in use expected significantly The 8e impact (entire than 1 % of the adopted capacity) the roadway at the adopted level of service the following facilities: ■ Selvitz Road: South of Midway Road ■ Midway Road: from 1-95 to 25th Street, ■ Glades Cut -Off -Road- South Of Midway Road The change in land use is expected to have de minimus impact to 1-95, a Strategic` tntermodal System (S1S) facility. The following link is anticipated to exceed the generalized service vohme ■ Midway Road - from Glades Cut -Off to 250' Street: Midway Rciad` from Glades Cut -Off to Selvitz Road is projected to exceed: the pn 3 service volume in 2013 with or without the change in land ,use of this property. Moreover, Midway Road from Selvitz Road to 2Yh Sty lS ody projected to exceed the service volume in 2013 by four trips given historical growth and land use traffic. The widening of Midway Road from Florida's Turnpike to 25* Street is contained within the St. Lucie County Capital Improvement Plan. This widening is also contained within the Long -Range Transportation Cost Feasible Flan. Kimley-Hom and Associates, Inc. CONCLUSION Krnriey Hom and Associates, Inc. has prepared this report summarizing the impact of the proposed:ianduse amendment for the subject property located west of Selvitz Road and north of Midway Road in St. Lucie County, Florida. It is proposed to change the land use designation of the subject property from Residential to WM. ' While: ypicatly MXD would allow commercial and residential land uses; the subarea policies that are part of this request limit specific land uses to Industrial Theretare, the projection of future trips is limited to the, square footage of industrial park area as included in `this proposed amendment to the Comprehensive Plan. It is understood that the purpose of the comprehensive plate traffic analysis is to demonstrate consistency and financial feasibility with the County and State five-year work programs- Concurrency is not addressed at this stage but rather by St. Lucie County when the applicant submits a site plan application. The marttmiiin " land use intensity, is theoretical in nature and will be adjusted at the site development. stage to meet adopted level of service standards. The analysis indicates tiW the link of Midway road from Glades Cut -Off Read to Selvitz Road isexpected to reach and exceed its capacity by the year 2013 with or without the change in land use of the subject property- The following mitigationoptions are available to the applicant to address Midway Road: 1} Funding is identified in either the State or County five-year Work Programs 2) The applicant phases to approximately 100,000 square feet resulting in PM peak hour trips being net equivalent to the existing residential land use designation. ' 3) The applicant. prepares a more detailed analysis at the concurrency stage to-, demonstrate these facilities meet acceptable level of service. 4) The applicant may enter into a Proportionate Share Agreement for necessary improvements. 041376M Page i1' TABLE 4 CASSENS GROVE COMPREHENSIVE PLAN AMENDMENT TRIP GENERATION Daily P!N Peak.Nonr Land Use Acreage Intensity Tci Total In Land Single family Residential 39 78 DU 827 86 827 86 54 54 32 32 SubTotal Total land-Usa Tri 827 86 64 32 is Park 100.000 -SF 696 86 18 , 18 68 Subtotal 100.000 SF 696 86 " Total d T 86 J& ,fa ltte {ixo�rctsed - EXistitt6#j =13 f D T tgenera~ was U$hV da4x T ip Generation Sinop ftmft Residential PTE TE 13203 =0} = [l �tT) _ 0 g � (X) + 2.71 T = 6.96 lti�rs' Pw t. SF GFA IP ."" I TriP Caneration pTE 2101 = T = Q.70*(X)+ 9.43 (2S°�6 in 75° t Residence Park: JITE 1301 = T = 0.84 trips Per 1.000 SF GFA; (8296" u1 C8.16 ) s ssid [1TE 210} - 130j = lta( i = OWL.n(X) + 0 53; (63-A af. S7% .; T=`If.86 tt per t.OpO PTE t�pq�eexhr+quu{Yalpc�[gsxnat�ye QB-41-�Ofl8�jt�9a? � � , j"o It2009 Copy�t02908'rl�� � o 0 0.27 0.46 1.23 031 co 0 0.46 N *" rn N N O1 nI ,, s Q� • cc N N. : Q. N. N, _ y N wd 4i72 42.724 45.03 41.4641.46'40;1 36.74 36.74 23.91 {2itgiA2 -., 1285 S :j n to Q. w W m a .�",.. 6' WD so 40 a N Q�� 0.23 ______ 0.53 MMAY F40AD COMP PLAN AMENDMENT ` ST. LUCIE COUNTY, FLORIDA TRAFFIC 04STRIwnoN {PERCENT) 1/1712008 ' Licensed to K coley -horn and Associates, Inc, 'iJd€ z4. zuuo Planning C,'orwI Terry L Lima, AICP A7ncfpat cQj co Ao a0 QD cl, Wto �.. r -co QD M FPUXOP"otable-- Watn O N 00 Go co r 7 c+, h N r o! {Eon L i�U3•.0 Old W M. CM �rto ---------- _- ' .— ------ - O Cl)i �i _ s go__ _ a �: f0 i QD M CAN W �i�-m � � fa { 1 !� ';—A CO Ac 1 a A ! 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MW — 1 0 wo • t ., +„ di ; w lr;" �. ,A.. �7�r+q' - • r T r -� ter• r • m, rq+,. r-• Property Appraiser St.Lucie County, FL Page I o Norma F Cassens Record: 1 of 1 PropertyIdentification Site Address: TBD SeclTolantRange: 06:36S :40E Map 10: 34/06N Zoning. AR-1 PROPERTY RECORD CARD «Prey Next>> Spec.Assmnt ParcelID: Account #_ Land Use: City/Cnty: Taxes Exemptions Permits Home Print s OF 414 Ownership and Mailing11 MODEL LAMS CO'S SID OF 6-36-40 LOTS 6 AND 7 IN NE 114 Owner: Norma F Cassens Steven D Cassens AC) (OR 846-295: 891-2406) Address: PO Box 613 Fort Pierce FL 34954-0613 Assessmedt Trim Total Land and Building. Sates Information Price Code Deed Book/page 2008 TRIM: 62800 Land Value: 762800 Acres: 19.07 Date 0 / Assessed: 15256 Bur"Id�n" 9 Value 0 1/111900 Ag.Credit. 147544 Finished Area: 0 SgFt Exempt: 0 Taxable: 15256 Taxes: 290.66 Quit A{WP lumnRUATION ' Exterior features RopfStruct: View.: RoofCover; _ - Frame: extType: YearBlt: PrimeWali: _ EffYrBtt: �� .;. ,` _ No Utirts: SecWall: i atures " Electric: - PrmintWall: _ EIS . HeatType, - AvgHt/FI. . HeatFuel: . Prm.Flors: %Sprink►ed: %Heated: Fltstpres and Yard items Land information Type Measure Depth TYt ios city,. Units Oust. Cond. YrBlt. No. Land Use 1 6600-ORCHRD GRV cr es -Market A19.07 Acres 2 RG22-RD SEED GFT N -Tree Acres 17 3 BL01-BASIC LAND N -Class Acres 19:07` AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED.: THIS INFORMATION IS BELIEVED TO BE CORRECT l i . ncen l nn l "nnnn I O/24/2008' Property Appraiser - St.Lucie County, FL ,. , . < A nccn I not t nnAl Page l of 1 i 10/2412009 p1eFi w=i I� r7o �.: - Mt AT? 6. - � FO�t i YOF- ?way VATO gay Uar 4FFIX PERMIT AppUCAMON for Use`- � 2 � �� IW14lOritasd f ' AndmiNd Ails tki� !It PERMIT APPl. CATION !©r WSter UN Fora+ 4ANAG,F;-mE ANT UISTRIcT a 33" • (561) fib .,Nw FL WAM i-81&432-245 ' TDD (Sbl) 647-2574 g beach. F-3341646M ' www.sfwnxLgow APpkaW lumber.040629-25 CASS� �j5. SERVICEiNC OCtobw Sj 20€ 4 t ie, Cit s a: 04tobsr 5. 2004 t ie• October 5. 2024 Agricultural 47 ( 17: acres of citrus ) Tam! 77-7 Vitus' i P �S#atua: Not Applicable En Ri�tt QfWV. a#us: Not Appiicabte: �,. Water Table Aquifer Gcour Pertnt �at�n{s�: Ate' ocatictn: 15,26056 GaDws o 3 # and ii ater Ti M _ 145 GPM Wei Cased To 45 Feet Status Code Gismo ; ; MGD 37 0.27 8 ^, x Ale(^ �f 1 �y 027 comficafe of Service r. ,4ifiod Mail No.: 70001530 800E 27" 9709 1. ice, �' won. ttt86� to ester, hspect, and absdm i # District shall be pa` t c �Omptier+�e,vM speciaanci1 _o i*. & ar.araenn fmm the MQWWMOr 13. TY rw +frith$��a4a+ranaptsolRif�eZB-IU6Zv�;rh �.�.+•.,�..---.-- -- � . . �ind t�rrtheda►�csaaer�. ���nQi�er the l+t dqs aAB in amp we non= as VUFM �.._ DISITF= COUR' QF APPE pwsurtio Se , AL vs s •, Z71- r Rmmpt �Y�o�lgpes r #k Sint. �TlE11 t ied (1) (2) (3) (0) TbeD which ViAllb (e) A SM (d) Asto ivr�e�IfetZQc�. of be � -Mm the kWcsts cr"Ps Wty seein►Srcvtep►: yc psn. which vvms eabmiltod 10 ft s 7 tp be otvi .cr etY i�9 an ' fists net poaiptiai' in anaoeod�e pljr t ~ t i r j WC z - Y raj � ♦.'.. ervice Area a _.. `OW 3 Ebit j t' { i i q i _( O' °" r AR i 9 $ Y. sir Off. ?4 Exhibit �-. 4 �Ilj Cassens Mixed Use Activity Area Figure 1-7m Legend g Speck Use Areas within this Mixed Use Activity Area are restricted in use to the equivalent of the COM and IND Cassens Mixed Use Area Land Use designation as described in the Future Land Use Element unless otherwise amended through the Municipalities Comprehensive Plan Amendment process. IND uses shall be limited to 310,800 square feet of gross building area; COM uses shall only be ancillary to IND uses. N Development of this site shall be approved through the Planned Non -Residential Development process, and shall o 125 250 375 boo include appropriate open space and buffers adjacent to residential uses. Access to development shall be provided Feet from the west via Favorite Road. Ciiy of Ft. Pierce IND NW RUGBY DR W MIDWAY RD RS RS P/F COM RS RS COM Cassens Mixed Use Activity Area - Existing Land Use N 1 Existing Land Use n - Vacant residential - Grazing/pasture land 0 Other municipal N 0 SF residential Groves, orchards ® Rights of way, roads,drainage ® Mobile homes - Misc agriculture - Rivers, lakes vacant commercial - Hospitals - other acreage not zoned agricultural - Service stations Counties Canal Vacant industrial Federal �s Cassens Mixed Use Area Data source: SLC Property Appraiser Dept. of Revenue Codes, 2008 0 150 300 450 600 Feet W MIUVVAT KU NW RUGBY DR NW, REGAL CIR FLUMA-420081453 Zoning Petitioner: Steve Cassens (Agent, Terry L. Virta & Associates, Inc) ® Subject property 500 ft. notification area City of Ft. Pierce City of Port St. Lucie SLC Zoning AR-1 -Agricuttural Residential (1 du/ac) CN - Corjimarcial Neighborhood I - Institutional IH - Industrial Heavy RS-2 - Residential Single Family (2 du/ac) U - Utilities Ft. Pierce Zoning 11 - Light Industrial OS-1 - Open Space Recreation i R%2 PSL Zoning RS-2 - Single Family Residential Map prepared July 18, 2008 N 'Wad *%r FLUMA-420081453 Petitioner: Steve Cassens (Agent, Terry L. Virta & Associates, Inc) ® Subject property 500 ft. notification area QCity of Ft. Pierce QCity of Port St. Lucie Aerial flown Dec. 2005 18, 2008 IRJ CID dr4l 10 ^l Aqunoo aaquyaaaao F7- F LU MA-420081453 4 petition of Steve Cassens (Agent, Terry L. Virta & Associates, (Residential Suburban proposed �, large scale Future Land Use Map Amendment from RS du/acre) to MXD (Mixed Use -Specific Use Area) for 38.05 acres more or less 77 L • 500 ft. Subject property ' 500 ft. notification area City of Ft. Pierce City of Port St. Lucie W MIDWAY RD r. L T so.rf xany.+�� Deyrnwa.� 18, 2008 N TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. `f [ E - 8 DATE: April 21, 2009 REGULAR[] PUBLIC HEARING [XX] CONSENT[] PRESENTED BY: Daniel 5. McIntyre SUBJECT: Ordinance No. 09-005 - Local Preference in Purchasing BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: See attached memorandum RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 09- 005 and authorize the Chair to sign the Ordinance. COMMISSION ACTION: CONCURRENCE: [X] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Motion to approve as amended. Faye W. Outlaw, MPA County Administrator Review and Approvals n�} County Attorney: Management h tuclget ' 4 urchasinq: Daniel S. McIntyre Originating Dept. Public Works Dir; Finance: (Check for copy only, if applicable) County Eng.: Eff. 5/96 INTER -OFFICE MEMORANDUM • sigh rj ST. LUCIE COUNTY, FLORIDA TO, Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 09-0337 DATE: March 18, 2009 SUBJECT: Ordinance No. 09-005 - Local Preference in Purchasing BACKGROUND: Attached to this memorandum is a copy of draft Ordinance No. 09-005 which, if adopted, would provide preference in purchasing for local businesses. Pursuant to Board direction, the definition of local business has been expanded to include businesses from Indian River, Martin and Okeechobee Counties. The proposed Ordinance would allow a local business to match a bid submitted by a non -local business if the bid submitted by the local business is within 5% of the low bid. Pursuant to Board direction, a preference of 5% will also be applied to Requests for Proposals. Permission to advertise was granted on March 17, 2009 and notice was published in the Tribune on March 24, 2009. RECOMMENDATION/CONCLUSION : Staff recommends that the Board adopt Ordinance No. 09-005 and authorize the Chair to sign the Ordinance. ully submitted, Daniel 5. McIntyre County Attorney DSM/cof Attachment w ORDINANCE NO. 09-005 AN ORDINANCE AMENDING CHAPTER 1-2 "ADMINISTRATION" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; AMENDING SECTION 1-2- 28 "CREATION OF PURCHASING DEPARTMENT; HEADED BY PURCHASING AGENT" AND SECTION 1-2-29 "PURCHASING DEPARTMENT POWERS, DUTIES AND FUNCTIONS' TO PROVIDE FOR A PURCHASING DIVISION HEADED BY THE MANAGEMENT AND BUDGET DIRECTOR; CREATING SECTION 1-2-51 TO INCLUDE A LOCAL PREFERENCE POLICY AND PROCEDURE FOR LOCAL BUSINESSES IN COUNTY CONTRACTS; PROVIDING FOR FILING, CODIFICATION, ADOPTION AND AN EFFECTIVE DATE WHEREAS, on September 24, 1985, the Board of County Commissioners For St. Lucie County, (the "Board") adopted Ordinance No. 85-06 which created a purchasing department and established the purchasing regulations and procedures for St. Lucie County, Florida, as set forth in the St. Lucie County Manual of Purchasing Regulations and Procedures (the "Purchasing Manual"); and WHEREAS, the Board of County Commissioners desires to amend the Ordinance to conform the organizational structure of the purchasing division to the recent reorganization approved by the Board; and WHEREAS, the Board of County Commissioners desires to amend the purchasing policy to include a local preference policy and procedure for local businesses; and WHEREAS, St. Lucie County is home to many great locally owned companies, large and small, and these local companies employ many local citizens; and WHEREAS, diversification and expansion of the County's economy is essential to its economic and fiscal stability; and WHEREAS, numerous other local governments in Florida offer their local firms similar local preferences, limiting opportunities for St. Lucie County local businesses; and WHEREAS, in an effort to provide a positive impact on our local economy and expand the capabilities and capacities of our local companies, the Board of County Commissioners Underlined passages are added. 1 struelo-#hreagh passages are deleted. A desires to provide locally owned and operated companies preference in the purchasing policy system within St. Lucie County Government; and WHEREAS, County government and county residents will benefit from local business retention as these companies pay local real estate taxes and are more likely to employ local residents who live in our County and spend in our local economy; and WHEREAS, local businesses contribute to the local tax base and reinvest their dollars back to local communities through jobs and the support of local not -for -profit organizations; and WHEREAS, the Board feels this is an important public policy to show loyalty and respect to the owners and employees of local companies; and WHEREAS, it is the Board's intent to promote the expansion of St. Lucie County's local business capabilities and capacity. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: ARTICLE IV. PURCHASING DIVISION 1. GENERALLY PART A. SECTIONS 1-2-28 AND 1-2-29 OF ARTICLE IV "PURCHASING' ARE HEREBY AMENDED AS FOLLOWS: Section 1-2-28. Creation of purchasing department division; headed by purchasing agent management and budget director. There shall be a county depart division known as the purchasing dot division which shall be headed by the purchasimg agem-t- management and budget director. Section 1-2-29. Purchasing department division powers, duties and functions. The purchasing depar-ftnemt division shall have the following powers, duties and functions pertaining to the purchasing or procurement of all supplies, materials and services: (1) To canvass all sources of supply and contract for the purchasing or acquisition of all supplies or services required by all county departments, divisions, and agencies, under competitive bidding or by contractual negotiation; Underlined passages are added. 2 5#raek +hrevgh passages are deleted. (2) To plan and coordinate purchases in volume and to coordinate purchasing agreements and contracts from which all county departments as described in the first paragraph shall receive supplies, materials and services; (3) To implement the procedures for securing bids or negotiating and awarding contracts; (4) To determine items and quantities to be purchased locally; (5) To regulate the purchase by any department of any commodity; to establish standards and specifications for any commodity; and to set fair prices that may be paid for any commodity; (6) To furnish copies of any purchasing regulation to all county departments; (7) To require that every department and office furnish information relative to a proposed purchase to the Management and Budget Director; (8) To arrange for a disposal of surplus materials and equipment for public sale; (9) To act as agent for the clerk, sheriff, tax collector, property appraiser or supervisor of elections from time to time upon request of such officer or officers. DIVISION 4. LOCAL PREFERENCE PART B. SECTION 1-2-51 "LOCAL PREFERENCE IN PURCHASING OR CONTRACTING' AND "DIVISION 4 LOCAL PREFERENCE" IN ARTICLE IV "PURCHASING" OF CHAPTER 1-2 "ADMINISTRATION" IS CREATED AS FOLLOWS: Section 1-2-51 LOCAL PREFERENCE IN PURCHASING OR CONTRACTING Except where otherwise provided by federal or state law or other funding source restrictions or as otherwise set forth in the purchasing policy, St Lucie County shall give preference to local businesses in the following manner: (a) "Local Business" defined: "Local business." For purposes of this section. "local business" shall mean a business which: Underlined passages are added. 3 Straekthrough passages are deleted. Has had a fixed office or distribution point located in and having a street address within St Lucie Indian River Martin or Okeechobee County for at least one year immediately_ prior to the issuance of the request for competitive bids or request for proposals by the county. The fixed office or distribution point must be staffed. Post office boxes are not verifiable and shall not be used for the purpose of establishing a physical address; and Holds any business license required by St. Lucie County; and Is the principal offeror who is a single offeror; a business which is the prime contractor and not a subcontractor; or a partner or joint venturer submitting an offer in con junction with other businesses. Certification Any vendor claiming to be a local business as defined by subsection 1-2-51(a) above shall so certify in writing to the Purchasing Division. The certification shall provide all necessary information to meet the requirements of subsection 1-2-51(a) above. The purchasing agent shall not be required to verify the accuracy of any such certifications, and shall have the sole discretion to determine if a vendor meets the definition of a "local business." u "Non -local business" means a bidder which is not a local business. Preference in purchase of commodities and services by means of competitive bid. Under any such applicable solicitation bidders/proposers desiring to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their status as a local business. Any bidder who fails to submit sufficient documentation with their bid offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source mandates to the contrary. St. Lucie County and its agencies and instrumentalities will give preference to local businesses in the following manner: Competitive bid (local price match option). Each formal competitive bid solicitation (i.e. sealed bids) shall clearly identify how the price order of the bids received will be evaluated and determined. When a qualified and responsive, non -local business submits the lowest price bid and the bid submitted by one or more qualified and responsive local businesses is within five percent of the price submitted by the non -local business, then the local business with the apparent lowest bid offer (i.e.; the lowest local bidder) shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest. qualified and responsive non -local bidder. In such instances. staff shall first verify if the lowest non -local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Division shall determine if the lowest local bidder meets the requirements of Section 287.087, Florida Statutes If the lowest local bidder meets the requirements of 287.087, Florida Underlined passages are added. 4 S#rnck +Hreagh passages are deleted. Statutes. the Purchasing Division shall invite the lowest local bidder in writing to submit a matching offer to the Purchasing Division which shall be submitted in writing to the Purchasing Division within five (5) business days thereafter. If the lowest local bidder submits a written offer that does not fully match the lowest bid from the lowest non -local bidder tendered previously, the next lowest fully qualified local bidder will be given the opportunity to match if they are within 5%. This cycle shall be repeated until there are no remaining local bidders within 5%, then award shall be made to the non -local bidder. If the lowest local bidder does not respond, declines or is unable to match the lowest non -local bid prices) then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Section 287.087, Florida Statutes and the lowest non -local bidder does, the lowest local bidder will be disqualified and the next lowest local bidder will be considered if they are within 5%. award will be made to the bidder that meets the requirements of the referenced state law. In the event a local bidder is awarded a contract pursuant to this section, all requests for change orders increasing the cost of the project must be approved by the Board of County Commissioners. Le) Preference in requests for proposals In purchasing of or letting of contracts for procurement of, personal property, materials contractual services and construction of improvements to real property or existing structures for which a request for proposals is developed with evaluation criteria, a local preference of the total score may be assigned for a local preference, as follows: Local businesses which meet all of the criteria for a local business as set forth in this article, shall be given a preference in the amount of five percent of the total score of the local business. Based upon analysis of the marketplace for each project staff shall make a recommendation for or against inclusion of a local preference in the criteria for consideration by the Board as a part of the pre -publication process for each request for proposal or bid ff) Notice. Both bid documents and request for proposal documents shall include notice to vendors of the local preference pohgc W Waiver of the application of local preference The application of Local Preference to a particular purchase or contract for which the Board of County Commissioners is the awarding authority may be waived upon approval of the Board of County Commissioners N Comparison of qualifications The preferences established herein in no way prohibit the right of the Board of County Commissioners to compare quality of materials proposed for purchase and compare qualifications, character responsibility and fitness of all Underlined passages are added. 5 b#raek threagh passages are deleted. persons firms or corporations submitting bids Further, the preferences established herein in no way prohibit the right of the board from giving any further preference permitted by law instead of the preferences granted herein. Q Reciprocity. In the event any other Florida county or municipality ("local government") deemed appropriate by the St Lucie County Board of County Commissioners, extends preferences to local businesses St Lucie County may enter into an interlocal agreement with such local government wherein the preferences of this section may be extended and made available to vendors that have a valid occupational license issued by that specific local government to do business in that local government that authorizes the vendor to provide the commodities and services to be purchased and a physical business address located within the limits of that local government Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address Vendors must also be authorized to do business in St Lucie County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid to be eligible for consideration as a "local business" under this section In no event shall the amount of the preference accorded other local government firms exceed the amount of preference that such local government extends to St. Lucie County firms competing for its contracts. fj) Purview and administration of this policy, This policy shall apply to all departments and units under the direct purview of the Board of County Commissioners. The Management and Budget Department shall be responsible for developing implementing and maintaining administrative procedures in support of this policy. Subsequent Review and Sunset Provision. Pursuant to this ordinance, this local preference section is being added to the purchasing policy in support of the local economy during difficult economic times in St Lucie County. On or about six months after the effective date the Management and Budget Department will provide the Board with an update of the results and impacts to date of this local preference policy as well as the status of regional reciprocity for St Lucie County businesses in Indian River County, Martin County and Okeechobee County Within one year of the first bid award under this policy is awarded, the Board shall receive a similar report from the Management and Budget Department and shall determine whether to continue or modify this policy. Should the Board not elect to continue the local preference policy, it will expire at that time. Nothing in this section shall prevent the Board from taking action sooner to revise or remove this local preference policy. jl� Limitations. u The provisions of this Ordinance shall apply only to procurements which are above the formal bid threshold as set forth in the St. Lucie County Purchasing Manual. Underlined passages are added. 6 Struelt +hrough passages are deleted. The provisions of this Ordinance shall not apply where prohibited by federal or Florida law or where prohibited under the conditions of any grant. M The provisions of this Ordinance shal I not apply to any purchase exempted from the provisions of the St. Lucie County Purchasing Manual. The provisions of this Ordinance shall not apply to contracts made under the Consultants Competitive Negotiation Act (CCNA). Section 287.055, Florida Statutes. The provisions of this Ordinance shall not be applied to any procurement where the local nature of a business has been addressed through the scoring criteria. W Incorporation into Purchasing Manua/. Upon adoption, the provisions of the local preference policy and procedures shall be incorporated into the Purchasing Manual. PART C. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART D. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Paula A. Lewis, Chair XXX Charles Grande, Vice Chair XXX Commissioner Chris Craft XXX Commissioner Doug Coward XXX Commissioner Chris Dzadovsky XXX PART F. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other Underlined passages are added. 7 sae c; ;"eqt passages are deleted. appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ADOPTED this day of , 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA Deputy Clerk BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Underlined passages are added. 8 Strtirlr#hreugh passages are deleted. AGENDA REQUEST �ouwTy F L O R I D R TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VltLl DATE: April 21, 2009 REGULAR[] PUBLIC HEARING [XX] CONSENT[] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Ordinance No. 09-008, Local Economic Stimulus Ordinance BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 09- 008 as drafted and authorize the Chair to sign the Ordinance. COMMISSION ACTION: CONCURRENCE: [741 APPROVED [ ] DENIED [ J OTHER: Approved 5-0 Faye W. Outlaw, MPA Motion to approve as County Administrator amended. Review and Approvals County Attorney: � 4 Management & Budget Purchasing: Daniel 5. McIntyre Originating Dept. Public Works Dir: Finance: (Check for copy only, if applicable) County Eng.: Eff. 5/96 COUNTY F LORI D A' INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 09-0376 DATE: March 30, 2009 SUBJECT: Ordinance No. 09-008, Local Economic Stimulus Ordinance BACKGROUND: Attached to this memorandum is a copy of draft Ordinance No. 09-008, which, if adopted, would declare that a local economic emergency exists. Pursuant to Board direction, a statement was added to the draft ordinance clarifying that the County's fiscal situation is stable and sound so that the County is able to provide local economic stimulus. The draft Ordinance provides for designating emergency projects by Board resolution. The ordinance provides for soliciting bids or proposals from properly licensed contractors that agree to comply with the criteria set out in Section 4 of the Ordinance. Please note that Paragraph 4(a) was revised in an effort to address some of the concerns raised by the Chamber of Commerce. Permission to advertise was granted on March 24, 2009 and notice was published in the Tribune on April 3, 2009. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Ordinance No. 09-008 as drafted and authorize the Chair to sign the Ordinance. Respectfully submitted, 16i T Daniel S. McIntyre County Attorney DSM/cof Attachment i de I �nd all lower tiered subcontractors under the '1 3. The b d rl z bidder must properly classify employees as employees rather than independent contractors and treat them accordingly for purposes of workers' compensation insurance coverage, unemployment taxes, social security taxes and income tax withholding. (e) Any bidder or subcontractor under the bidder who fails to comply with any one of the obligations as set forth in Paragraph (d) as defined above, for any period of time shall be, at the sole discretion of St. Lucie County, subject to one or more of the following sanctions: (1) cessation of work on the project until compliance is obtained; (2) withholding of payment due under any contract or subcontract until compliance is obtained; (3) permanent removal from any further work on the project; (4) liquidated damages payable to the County of St. Lucie in the amount of 5% of the dollar value of the contract. In addition, any bidder or subcontractor that has been determined by the County of St. Lucie or by any court or agency to have violated any of the obligations set forth in Paragraph (d) above shall be barred from bidding or performing any work on any future projects for six months for a first violation, for three years for a second violation and permanently for a third violation. (f) In addition to the sanctions outlined in Paragraph (e) above, a general bidder or contractor shall be equally liable for the violations of its subcontractors. (g) All bidding requests or contracts entered into by St. Lucie County for the construction, alteration or repair of any public building or public work and employing or using mechanics, laborers and workers in the performance of work under the contract shall incorporate the provisions of this ordinance into their pre -bid documents. (h) Severability -- If any provision of this ordinance, or the application of such provision to any person or circumstances, shall be enjoined or held to be invalid, the remaining provisions of this ordinance, or the application of such provisions to persons or circumstance, other than that which is enjoined or held invalid shall be not affected thereby. _ (i) Preference in purchase of commodities and services by means of competitive bid. Under any such applicable solicitation, bidders/proposers desiring to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their status as a local business Any bidder who fails to submit sufficient documentation with their bid offer Under -lined and blue passages are added. 5 mask t#Feug# passages are deleted. n Based upon analysis of the marketplace for each project, staff shall make a recommendation for or against inclusion of a local preference in the criteria for consideration by the Board as a part of the pre -publication process for each request for proposal or bid. fD Notice Both bid documents and request for proposal documents shall include notice to vendors of the local preference policy. W Waiver of the application of local preference The application of Local Preference to a particular purchase or contract for which the Board of County Commissioners is the awarding authority may be waived upon approval of the Board of County Commissioners. (W Comparison of qualifications The preferences established herein in no way prohibit the right of the Board of County Commissioners to compare quality of materials proposed for purchase and compare qualifications character responsibility and fitness of all persons, firms or corporations submitting bids Further, the preferences established herein in no way prohibit the right Q Apprenticeship Program Recognizing the importance of apprentices and trainees in the development of skilled workers when making a determination between Local businesses, and non -local businesses or Local businesses and non -local businesses, preference willbe given to bidders who provided documented proof that it will comply with the requirements of the St. Lucie County Program shall require each contractor to have at least five (5%) percent of the projects work hours sourced from registered State of Florida Pre-Apprenticeship/Apprenticeship Programs. At the time of bidding the bidder must submit the name(s) of the Registered State of Florida Pre- Apprenticeshjp/Apprenticeship Program providers) to be used for the project upon which the bidder js placing the bid Each bidder awarded a contract pursuant to this section shall report to the County, not less than quarterly, the total number of individuals employed under the contract who were from registered State of Florida Pre-Apprenticeship/Apprenticeship Programs. Any preference given in accnrd.gnce with this cecitnn shall be subordinate to the prefernce provided in subsection (d) abov , JD Reciprocity. In the event any other Florida county or municipality ("local government") deemed appropriate by St Lucie County Board of County_ Commissioners, extends preferences to local businesses St Lucie Count may enter into an interlocal agreement with such local government wherein the preferences of this section may be extended and made available to vendors that have a valid occupational license issued by that specific local government to do business in that local government that authorizes the vendor to provide the commodities and services to be purchased and a physical business address located within the limits of that local government. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address Vendors must also be authorized to do business in St. Lucie County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid to be eligible for consideration as a "local business" under this section In no event shall the amount of the preference accorded other local government firms exceed the amount of preference that such local government ORDINANCE NO. 09-008 AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA, ADOPTING A LOCAL ECONOMIC STIMULUS ORDINANCE; DECLARING A STATE OF LOCAL ECONOMIC EMERGENCY; PROVIDING FOR EMERGENCY PROJECTS; PROVIDING FOR CRITERIA FOR BID/PROPOSAL AWARD, WAIVER OF BIDS/PROPOSALS PROCESS; PROVIDING FOR DEFINITIONS, DURATION OF LOCAL ECONOMIC EMERGENCY AND CONFLICTS; PROVIDING FOR SEVERABILITY, APPLICABILITY, FILING WITH THE DEPARTMENT OF STATE AND PROVIDING AN EFFECTIVE DATE WHEREAS, the United States of America, the State of Florida, and St. Lucie County are now experiencing an economic downturn not experienced in the last 30-40 years; and WHEREAS, individual citizens and families living in the United States, Florida, and the County are experiencing negative effects from the economic downturn; and WHEREAS, because of significant revenue decreases at the State and local levels, jobs are being lost, homes are being foreclosed, and services are being cut; and WHEREAS, St. Lucie County has one of the highest foreclosure rates in the nation. In 2007, St. Lucie County had 4,945 homes in foreclosure. Indian River County had 1,057 and Martin County had 750. In 2008, 9,751 mortgage foreclosure suits were filed in St. Lucie County. In 2009 through March 17, 1,990 mortgage foreclosure suits have been filed in St. Lucie County. WHEREAS, St. Lucie County has the highest local unemployment rate in the Treasure Coast region, increasing to 12.1 percent, up from 6.4 percent last year. Martin County has a 7.8 percent rate and Indian River County has 9.5 percent rate; and WHEREAS, certain sectors of the County's economy such as biochemistry research are doing well but other sectors such as the housing industry have been negatively affected by the economic downturn; and WHEREAS, the construction industry in St. Lucie County has been hit especially hard with a net loss of 700 jobs in 2007 alone; and WHEREAS, the United States Congress is working on a federal economic stimulus package to counter the effects of the economic downturn; and WHEREAS, the efforts at the federal level are expected to take several months to implement; and WHEREAS, it is imperative that the County take immediate steps at the local level to provide relief to County residents and to provide jobs in an effort to decrease the current St. Lucie County unemployment rate; and WHEREAS, through the efforts of the Board of County Commissioners of St. Lucie County, Florida, the County's fiscal situation is stable and sound so that the County is able to provide local economic stimulus; and WHEREAS, the County's procurement policies will be revised temporarily as stated herein; and, WHEREAS, it is the intent of this ordinance to accomplish the initiation and implementation of the described temporary programs to relieve the local economic emergency to the greatest extent possible. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1. Short title and recitals. This ordinance shall be known as the Local Economic Stimulus ordinance, and the above findings and recitals are hereby adopted by reference into this ordinance. Section 2. Declaration of Local Economic Emergency. The Board of County Commissioners of St. Lucie County, Florida, convened in regular session, hereby declares and ordains that a Local Economic Emergency exists within St. Lucie County, requiring immediate measures to address the emergency before irreversible harm is done to the economic well being of the citizens of St. Lucie County. This ordinance is adopted after public hearing pursuant to and in accordance with Section 125.66, Florida Statutes. Section 3. Emergency Projects. Effective April 27, 2009, the County Administrator is authorized to use the competitive bid or proposal process provided for in state and local law for local economic stimulus capital projects to be designated by Board resolution. Section 4. Criteria for Bid/Proposal Award. Except as provided for herein, the County Administrator or designee, is authorized to solicit competitive bids or proposals from properly licensed contractors that agree to comply with the following criteria: (a) In order to obtain an award, a contractor must agree to use a minimum of 75% local laborers and local material suppliers and local subcontractors (based on headcount) on the project. The contractor must provide the County with proof of compliance with this local hire requirement in a form that is verifiable by the County prior to signing a contract with the County. Unless the local hire requirement is waived by the County, the failure of the contractor to demonstrate compliance with the requirement shall result in the contractor's bid being deemed nonresponsive and, if the bid has been awarded to the contractor, shall automatically result in revocation of the bid award to the contractor. The local hire requirement shall be a continuing requirement throughout the project. The contract shall provide for continuing proof of compliance at appropriate intervals and shall provide the County with the right to terminate the contract in the event of noncompliance. The Board may waive this local hire requirement: (1) if no contractor can comply with the local hire requirement; or (2) if the contractor can demonstrate that local laborers, local material suppliers and local subcontractors are not available despite a good faith effort on the contractor's part to hire local laborers and local subcontractors and to purchase materials f rom local material suppliers. (b) Local contractors that are within 5% of the lowest bid that will use more than 75% local laborers and subcontractors on the project are eligible to match the low bid. (c) If bids are identical, the contractor with the highest percentage of local laborers and subcontractors shall be awarded the bid or proposal. Section 5. Waiver of Bid/Proposal Process. The Board of County Commissioners may waive the competitive bid or proposal process if the Board determines that: (a) There is one appropriately licensed contractor who is uniquely qualified to undertake the project because that contractor is currently under contract to perform work that is affiliated with the project; or (b) The time to competitively award the project wi II jeopardize the funding for the project, or will materially increase the cost of the project or will create an undue hardship on the public health, safety, or welfare. Section 6. Definitions. For the purposes of this ordinance, the terms "local laborer" and "local material supplier and contractor" shall mean: (a) "Local laborer"means a person residing in St. Lucie County at least in the year prior to January 29, 2009 that provides labor services. (b) "Local material supplier, local contractor or local subcontractor" means the vendor has a valid occupational license issued by St. Lucie County at least one year prior to January 29, 2009 to bid or proposal submission to do business within St. Lucie County that authorizes the business to provide the commodities or services to be purchased and a physical business address located within the limits of St. Lucie County from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. Section 7. Duration of Local Economic Emergency. The Local Economic Emergency declared in this office shall continue to April 27, 2010. Prior to that date the Board of County Commissioners will determine if the declaration of Local Economic Emergency should be ended. If the declaration is not ended, the Board may extend the temporary programs initiated in this ordinance by resolution approved at a regular meeting. Section 8. Conflicts. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extend of such conflicts, as of the effective date of this ordinance. Section 9. Severability. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. Section 10. Applicability of Ordinance. This ordinance shall be applicable throughout St. Lucie County. Section 11. Filing with the Department of State. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. Section 12. Effective Date. This ordinance shall take effect upon filing with the Department of State. Section 13. Adoption. After motion and second, the vote on this ordinance was as follows: Paula A. Lewis, Chair XXX Charles Grande, Vice Chair XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Section 14. Codification. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this XX day of XX, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Agenda Request Item Number Meeting Date: Consent Regular Public Hearing Leg. [ VII-D 4/21 /09 [l [ l [X] Quasi -JD [ X ] To: Board of County Commissioners ;Presented By Submitted By: Growth Management Department c, �Al Growth Management Director SUBJECT: Continuation of the petition of WCA of St. Lucie County, LLC BACKGROUND: On February 3, 2009, the public hearing on this petition was continued to allow staff and the applicant time to prepare a modified site plan for the Board's consideration. Although progress has been made, staff is requesting one final continuance for the applicant to provide the necessary modifications. FUNDS AVAILABLE: N/A PREVIOUS ACTION: September 23, 2008, October 28, 2008, November 25, 2008, and February 3, 2009 - Board continued the public hearing on the subject petition. May 20, 2008 - Board approved the South Florida Recycle Communication Tower project for location on .23 acres of the subject site. August 7, 2007 - Board granted SP Recycling Inc. a Major Adjustment to an Approved Conditional Use for a Recycling Transfer Facility. January 16, 1996 - Board granted a Conditional Use Permit for a Construction and Debris Recycling Facility known as C.A.T. Recycling. RECOMMENDATION: Board approval to continue the petition of WCA of St. Lucie County, LLC until June 16, 2009, to allow time for the site plan adjustment to be completed. COMMISSION ACTION: CONCURRENCE: IKAPPROVED DENIED 71 OTHER Approved 5-0 County Attorney Daniel S. McIntyre County Engineer: Michael Powley Faye W. Outlaw, MPA County Administrator Coordination/ Sign tures E.R.D.: County Surveyor: Amy,kIott Ron Harris Other: Other: Form No. 07-07 GROWTH MANAGEMENT DEPARTMENT Administration MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Sa �nagement Director FROM: Diana Waite, Senior Planner, AICP�J DATE: April 10, 2009 SUBJECT: Continuation of the petition of WCA of St. Lucie County, LLC BACKGROUND On February 3, 2009, the public hearing on this item was continued to April 21, 2009 to allow staff and the applicant time to provide a revised site plan for the Board's consideration. Since that meeting, staff and the applicant have met and agreed upon the required changes to the site plan. Staff is requesting one final continuance for the applicant to make the required changes. The proposed site plan will address fencing and landscaping along Range Line Road that currently is not consistent with the adopted site plan or in compliance with the County's Land Development Code Section 7.10.12(B) requirements for screening. Upon receipt of a site plan in compliance with the County's Land Development Code, the site plan will be incorporated, by reference, into a resolution granting approval of the subject petition. Staff recommends the public hearing for WCA of St. Lucie County LLC be continued until June 16, 2009. Failure by the applicant to modify their plan within this timeframe will result in a staff recommendation to deny. RECOMMENDATION Board approval to continue the petition of WCA of St. Lucie County, LLC until June 16, 2009, to allow time for the site plan adjustment to be completed. COUNTY 0 R ! D A Environmental Resources Department Agenda Item Companion Report TO: Board of County Commissioners FROM: Yvette Alger Environmental Resources Department DATE: April 9, 2009 RE: WCA of St. Lucie County, LLC Major Adjustment to a Conditional Use Permit DEPARTMENT COORDINATION GM requested ERD input on the proposed continuance of the BOCC hearing of the Major Adjustment to a Conditional Use Permit. Subsequent to the last BOCC hearing on this project, ERD has continued to coordinate with the applicant and with GM regarding screening requirements. ERDINPUT ERD input was conveyed to the applicant and GM in formal DRC letters, emails, on -site meetings, and most recently during a meeting on April 7, 2009. ERD RECOMMENDATION ERD has no objection to the GM recommendation of continuance. i nature N AGENDA REQUEST C6UNTY F L O R t 0 A TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. vIi (1 DATE: April 21, 2009 REGULAR [XX] PUBLIC HEARING [] CONSENT[] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 09-136 Opposing PCB-NRAC-09-02 - Solid Waste Disposal Fee BACKGROUND: The House Natural Resources Appropriations Committee has passed PCB- NRAC-09-02 which contains a solid waste disposal fee of $1.25 per ton of solid waste accepted by a landfill. Local governments are required to provide solid waste services under Florida law, and the proposed "fee" amounts to a tax for providing that service. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-136 and authorize the Chair to sign the Resolution. COMMISSION ACTION: �Q APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management 6 Budget 11 Purchasing: Daniel 5. McIntyre Originating Dept. Solid Waste Die-bie-& 11I County Enc Leo Cordiero Finance: (Check for copy only, if applicable) Eff. 5/96 RESOLUTION NO. 09-136 A RESOLUTION OPPOSING THE HOUSE PCB-NRAC-09-02 WHICH PROPOSES A SOLID WASTE DISPOSAL FEE FOR SOLID WASTE ACCEPTED BY A LANDFILL WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The House Natural Resources Appropriations Committee has passed Bill PCB- NRAC-09-02 which proposes a solid waste disposal fee of $1.25 per ton of solid waste accepted by a landf i 11. 2. The Board believes it is in the best interest of the citizens of St. Lucie County to oppose PCB-NRAC-09-02 for the following reasons: A. This is a fee imposed on local governments for providing an essential government service. Local governments are required to provide solid waste services under Florida law, and the proposed "fee" is effectively a tax on local government for providing that service. B. This fee will affect all taxpayers, not just a group of users that choose to do a certain activity. Everyone needs solid waste collection services. C. Not all materials brought to a landfill are brought there for final disposition; rather, some materials are used beneficially, or are recovered from landfills for recycling or energy production. D. Materials may sometimes make more than one landfill stop before they reach their final resting place which means that materials could be subject to the fee more than once. E. Certain types of landfill facilities do not have scales. They may accept waste and payments on a cubic yard basis instead of tons. This will make data collection and implementation of a solid waste disposal fee challenging. F. The proposed fee is premature. The Department of Environmental Protection is working on a comprehensive report relating to the 75% recycling goal that was passed as part of House Bill 7135. The report is due to the Legislature early next year. The Legislature will be conducting an examination of solid waste collection and recycling issues next year. Solid waste collection issues should not be handled in a piecemeal fashion. It would be more appropriate for all solid waste issues to be handled collectively next year. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby oppose PCB-NRAC-09-02 for the reasons indicated in the above paragraphs. 2. The County Administrator is hereby directed to forward a copy of this resolution to the members of the St. Lucie County Legislative Delegation. After motion and second, the vote on this Resolution was as follows: Chair Paula A. Lewis XXX Vice -Chair Charles Grande XXX Commissioner Doug Coward XXX Commissioner Chris Dzadovsky XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED this 28th day of April 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY. County Attorney