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HomeMy WebLinkAboutAgenda Packet 07-20-2010i~uuiitiiit July 20, 2010 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 07/20/2010 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 rior 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. L ~ ^. - S ~ July 20, 2010 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.org ii~€i#~'i~i1[UtU~Uiiltii~iliiiiil~t~iifiiiii~ittiiittilt{iiti~ftiilii[i1~1~HtillliUiiiiill~iiiiiitii~tiltitl[rift11Gi11CiiAiiti~itli~ ~iiiliLiiiiiiiiu~ Charles Grande, Chairman District No. 4 Doug Coward, Vice Chairman District No. 2 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 Chris Craft District No. 5 iilttliiiiiiiiiitiitiiiiiitjiilHli~iiiiiiiiiiiilltiiiiiiiiiiliikiHiiiliitiliiiiiil[iiitiiitiiitiitiit (ilitTliftliii~iti{iRti111iAi11iiiliiiiiiitNtiifiiRi{(iiilili{iiiiilitiiiiiiiiitiifiiiih[zilii I I. INVOCATION / ~~~~~. ~~G/u~G~ ~ 5~h~ II. PLEDGE OF ALLEGIANCE III. MINUTES ~ ~ pprove the minutes from the June 22, 2010 meeting. ~ e t~l~ PROCLAMATIONSIPRESENTATIONS vlu ~~ A. COUNTY ATTORNEY ~e~~~~ ~~~a ~, B. ~PQ P~ ~~~,.1~ C~ ~(e~~ ,~ °" ~~~ J`Y" V, C. ~' ~` ~~~ Resolution No. 10-208 - In recognition of the new St. Lucie County Foundation Board of the Hibiscus Children's Center. Consider staff recommendation to adopt Resolution No. 10-208 as drafted. COUNTY ATTORNEY Resolution No. 10-207 -Proclaiming the week of July 18 to July 24, 2010 as "Probation, Parole and Community Supervision Week" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 10-207 as drafted. COUNTY ATTORNEY Resolution No. 10-201 -Proclaiming the week of July 19, 2010 as "Treasure Coast Waterway Cleanup Week" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 10-201 as drafted GENERAL PUBLIC COMMENT vl. I i C;~ fG~ WARRANTS Pal~r~ Approve warrant list No. 39, 40, 41 and 42. COUNTY ATTORNEY Termination of Road Improvement Agreement with Kirco Acquisition LLC for Interstate Business Park and release of Kirco's security CONSENT AGENDA ~.~ Consider staff recommendation to approve permission to terminate the Road Improvement Agreement with Kirco Acquisition LLC and release Kirco's security. B. COUNTY ATTORNEY CONTINUED 2. 2010 Economic Development Exemption Application -Silver-Line Plastics Corporation; Ordinance No. 10-027 Consider staff recommendation to accept the report of the Property Appraiser and grant permission to advertise Ordinance No. 10-027 for a public hearing on August 17, 2010, at 6:00 p.m. or as soon thereafter as the item may be heard. 3. Permission to Advertise -Ordinance No. 10-028 -Court Fees Consider staff recommendation to approve permission to advertise proposed Ordinance No. 10-028 for public hearing before the Board of County Commissioners on August 17, 2010, at 6:00 p.m. or as soon thereafter as may be heard. Permission to Advertise -Ordinance No. 10-029 -Surplus Property Procedure Consider staff recommendation to approve permission to advertise proposed Ordinance No. 10-029 for public hearing before the Board of County Commissioners on August 17, 2010, at 6:00 p.m. or as soon thereafter as may be heard. 5. County Deed -YMCA Parcels -Parcel I.D. Nos. 2416-504-0108-000/7 and 2416-504- 0107-000/0 Consider staff recommendation to approve to authorize the Chairman to execute a County Deed in favor of The City of Fort Pierce and direct staff to record the County Deed in the Public Records of St. Lucie County, Florida. 6. Resolution No. 10-205 -Urging the Governor to Declare the Balance of Florida's Coastal (~ Counties as Disaster Areas ~uIIP~~~GmC~h~~ Consider staff recommendation to adopt Resolution No. 10-205 as drafted. C. HUMAN RESOURCES Prison Health Services Inmate HIV Medications Invoice for May, 2010 Consider staff recommendation to approve payment of Prison Health Services invoice number PHS0007800 for HIV medications for the period of May 01, 2010 through May 31, 2010, in the amount of $42,017.77. D. PUBLIC WORKS Engineering Division: 1. Gator Trace Boulevard Consider staff recommendation to approve acceptance of the constructed road improvements and authorize the release of the remaining surety in the amount of $589.43 pursuant to Chapter 11.04.01 of the St. Lucie County Land Development Code. River Branch Estates Roadway Reconstruction project Consider staff recommendation to approve bid award to Lynch Paving & Construction Co., Inc. in the amount of $221,293 for construction of the River Branch Estates Roadway Reconstruction project and authorization for the Chairman to sign documents as approved by the County Attorney. D. PUBLIC WORKS CONTINUED 3. The Grove, Indian River Estates, Palm Grove, Southern Oaks, and Meadowood Street Lighting Districts (SLDs) Consider staff recommendation to approve authorization to advertise Notice of Public Hearings for The Grove, Indian River Estates, Palm Grove and Southem Oaks SLDs and authorization to advertise a Revised Notice of Public Hearing for the Meadowood SLD to be held on August 24, 2010 at 9:00 a.m. or as soon thereafter as may be heard. 4. Walton Road Widening (Village Green Drive to Lennard Road) Consider staff recommendation to approve Change Order No. 2 to the contract with Sheltra & Son Construction Co., Inc. in the amount of $147,796.05 for Walton Road Widening (Village Green Drive to Lennard Road) and authorization to sign documents as approved by the County Attomey. 5. Angle Road Sidewalk Project (Phases II and III) Consider staff recommendation to approve to reject the contract with H & D Construction Co., Inc. and authorization for staff to rebid the Angle Road Sidewalk Project (Phases II and III). Administration: 6. Local Agency Program (LAP) Recertification Consider staff recommendation to approve Local Agency Certification Qualification Agreement with Florida Department of Transportation and authorization for the Chairman to sign documents as approved by the County Attorney. COUNTY ADMINISTRATION Economic Development Council Third Quarter Invoice Consider staff recommendation to approve acceptance of the Third 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. ENVIRONMENTAL RESOURCES Environmental Regulations and Land Division: 1. U.S. Fish and Wildlife Service's FY 2010 Cooperative Endangered Species Conservation Fund Habitat Conservation Planning Assistance Program -Acceptance of Grant Consider staff recommendation to approve authorization to accept a grant from the U.S. Fish and Wildlife Service's FY 2010 Cooperative Endangered Species Conservation Fund Habitat Conservation Planning Assistance Program in the amount of $286,298, and authorization for the Chairman to sign documents as approved by the County Attomey. Administration: 2. Draft Ordinance No. 10-015 -Multi-purpose paths and greenways & trails. Consider staff recommendation to approve permission for two public hearings for Draft Ordinance No. 10-015 to amend the Land Development Code to include requirements for multi-purpose paths and greenways & trails. G. PLANNING & DEVELOPMENT SERVICES Business & Concurrency Division: Project Leeway -Revised Letter of Intent Consider staff recommendation to approve authorization to have the County Administrator send a Revised Letter of Intent to offer Project Leeway: (1) An Ad Valorem Tax Abatement phased over five years subject to Board approval at a public hearing, Project Leeway making an approximate capital investment of $5,800,000 in St. Lucie County and Project Leeway hiring 13 employees (11 full time equivalent) at an average hourly wage of $17.41 (Estimated Value = $136,227); and (2) A Job Growth Incentive Grant (JGIG) of $18,150 phased over three years. H. HOUSING & COMMUNITY SERVICES Housing Division: 1. Award of Housing Rehabilitation/Replacement Bids Consider staff recommendation to approve bid awards for one replacement and five rehabilitation housing projects under the St. Lucie County CDBG and HOME grants, and authorization for the Chairman to sign documents as approved by the County Attomey. Award of Neighborhood Stabilization Program (NSP) Rehabilitation Bids Consider staff recommendation to approve bid awards for four rehabilitation housing projects under the St. Lucie County NSP Grant, and authorization for the Chairman to sign documents as approved by the County Attomey. Environmental Protection Agency (EPA) Climate Showcase Communities Grant Consider staff recommendation to approve to submit an application for the EPA Climate Showcase Communities grant, and authorization for the Chairman to sign documents as approved by the County Attomey. 4. Adoption of The National Industry Standards for Homeownership Education and Counseling Consider staff recommendation to approve Resolution 10-209 adopting The National Industry Standards for Homeownership Education and Counseling, and authorization for the Chairman to sign documents as approved by the County Attorney. Administration: 5. Council on Aging (COA) Meals on Wheels First Amendment Consider staff recommendation to approve the contract amendment with the Council on Aging of St. Lucie, Inc. for support of Meals on Wheels and authorization for the Chairman to sign all documents as approved by the County Attorney. 6. Choose Life Funding Award Consider staff recommendation to approve award and grant agreement with Care Net Pregnancy Services of the Treasure Coast and Home for Families; and authorization for the Chairman to sign all documents as approved by the County Attomey. CENTRAL SERVICES Award of Bid No. 10-042 -Construction of Little Mud Creek Boat Ramp Consider staff recommendation to approve to award Bid No. 10-042 to Summerlin's Marine Construction, authorization for the Chairman to sign documents as approved by the County Attomey, approval of Budget Resolution No. 10-153 and Budget Amendment No. 10-023. Invitation to Bid hurricane shutter installation at Ave. C Health Department Consider staff recommendation to approve to advertise an Invitation to Bid for Hurricane Shutter Installation at Avenue C. Health Department. PARKS & RECREATION SERVICES Concession Services for South County Regional Stadium Consider staff recommendation to approve fourth amendment to Contract No. C06-04-447 with Jimmy Kemp and Domenick Collura adding South County Regional Stadium to the contract, as outlined in the agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attomey. 2. New Change Fund Request for South County Regional Stadium Consider staff recommendation to approve to establish a change fund in the amount of $1,000 for South County Regional Stadium as outlined in the agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. K. GRANTS/DISASTER RECOVERY DEPARTMENT Florida Energy and Climate Commission, Florida Clean Energy Program -Grant Application Consider staff recommendation to approve to submit a funding application for $500,000 to the Florida Energy and Climate Commission, Florida Clean Energy Program. Severe Repetitive Loss Program -Contracts Consider staff recommendation to approve to execute Severe Repetitive Loss (SRL) agreements with six homeowners, (Attachment A), to sign Final Mitigation Offers and Consultation Agreements, and to approve Budget Resolution Nos. 10-195, 10-196, 10- 197, 10- 198, 10-199, and 10-200 (Attachment B) to establish the project accounts. Florida Department of Transportation, County Incentive Grant Program -Two Grant Applications Consider staff recommendation to approve: (1) of Staffs recommended prioritization of two proposed grant applications; (2) of the submittal of two applications to the Florida Department of Transportation, County Incentive Grant Program for a total amount not to exceed $10,838,742. VII. PUBLIC HEARINGS I A. COUNTY ATTORNEY ~~U\ ~ ~~ Ordinance No. 10-024 -County Seal and Logo rL~ Q ~ Consider staff recommendation to a rove ro osed Ordinance No. 10-024. { ~, PP P P P /,yyl~1• b~B-I. PUBLIC WORKS C ~ 'l w 4-I A~d~l-I apprAre~'j I ~,~d~l-I ~~p-v~1e~~- ~I~o~id y~Pines,AB~~Ce7y~Que~ns Cove, iFrver Park 1, Riirer Park 2, Sherafon Plaza, Pafradise Park, and Palm Lake Gardens Street Lighting Districts ~ ~Pr~vea y - I ~ l R~~ Q rW~ ~_ Consider staff recommendation to approve adoption of Item No. VII-B Resolution No. 10-174, Item PP No. VII-C Resolution No. 10-175, Item No. VII-D Resolution No. 10-176, Item No. VII-E Resolution ~t~, , Cc,uv~,-f,~ No. 10-178, Item No. VII-F Resolution No. 10-179, Item No. VII-G Resolution No. 10-180, Item No. n („~~ VII-H Resolution No. 10-181, and Item No. VII-I Resolution No. 10-182, as outlined in the agenda `~-~ memorandum. J. PLANNING Z~ DEVELOPMENT SERVICES Rezoning Request -Lucie Rock, LLC ~~ p~,1je ~ Consider staff recommendation to approve adoption of Resolution No. 10-105 approving the ~I I - Y~ petition of Lucie Rock, LLC, for a change in zoning from AG-1 {Agricultural - 1du/ac) to IL m , C~~~ (Industrial, Light), as outlined in the agenda memorandum. C~~ ~~' ~~ K. PLANNING & DEVELOPMENT SERVICES Rezoning Request -Juan Venegas ~, ~~ Consider staff recommendation to approve adoption of Resolution No. 10-031 granting approval of ~~P nn~~~~~~~~~ ~ a rezoning request from RS-3 to AR-1 as outlined in the agenda memorandum. l~` ~/'(Y1I'~ ` L. PLANNING & DEVELOPMENT SERVICES p~rm'ed ~!'~ ~,~~u.~ Rbsory M ~,~~1 ~'0 RAP' (1wu.a Conditional Use Permit approval for a sand mining operation to be known as SR 70 Borrow Pit at Adams Ranch Consider staff recommendation to approve Resolution No. 10-103 granting a Conditional Use Permit for a sand mining operation, as outlined in the agenda memorandum. PUBLIC WORKS Engineering Division: Adams Ranch State Road 70 Borrow Pit Consider staff recommendation to approve the mining permit application for Adams Ranch State Road 70 Borrow Pit subject to the approved plans and the General and Special Conditions. ~~ ~SmY VIII. PULLED PRIOR TO MEET/NG MANAGEMENT 8 BUDGET Approval of proposed millage rates and dates for public hearings ~~~ Board approval of: r I 1. Advise the Property Appraiser of the millage rates as outlined on "Worksheet Analysis of Roll-Back Millage Rate for fiscal year 2010-2011" under the column headed "2010-2011 proposed millage." ,~ , ` 2. Set two public hearings on September 9th and 23rd 2010, at 6:00 P.M. in the Roger Poitras u, ~ Administration Annex Commission Chamber. ~~ 3. Authorize the County Administrator to be able to modify the millage rates between General Fund and ~~ Fine and Forfeiture Fund as long as the total countywide millage stays the same. Also, authorize the County Administrator to transmit the proposed millage rates to the Property Appraiser on Form DR- 420, DR-420 C-P and DR-420 TIF. 4. Set the proposed aggregate millage as outlined on "Worksheet Analysis of Roll-Back Millage rate for fiscal year 2010-2011" under the column headed "2010-2011 proposed millage". /IIX. ~ PLANNING & DEVELOPMENT SERVICES ~(~ ~ / Business & Concurrency Division/Tourism: TDC Capital Funding for National Navy UDT-SEAL Museum ~P Consider staff recommendation to enter into a rant a reement with the National Na UDT-SEAL Museum ~U~ 9 9 vY to allocate future TDC capital funds generated from the 33% of the fifth cent Tourist Development Tax in an amount not to exceed $470,000 including interest to fund the museum's expansion project. X. ANNOUNCEMENTS The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, July 27, 2010 at 1:30 p.m. in Conference Room #3. 2. The Board of County Commissioners summer recess will begin the week of August 2rtd and run thru August 13th. The August 3rd BOCC meeting and the August 10th BOCC meeting are canceled. 3. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, August 24, 2010 at 1:30 p.m. in Conference Room #3. 4. The Board of County Commissioners will hold a Workshop on the Jail on Wednesday, September 1, 2010 at 1:30 p.m. in Conference Room #3. NOTICE: All Proceedings before this Board are electroniglly 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. COMMISSIONER GRANDE NOTES 7/20/10 PRESENTATIONS/PROCLAMATION A. Tracy Natiello, Director of Resource Management Hibiscus Children's Center will be here to accept. COUNTY ATTORNEY Resolution No. 10-208 - In recognition of the new St. Lucie County Foundation Board of the Hibiscus Children's Center. B. Mark Godwin will be here at accept COUNTY ATTORNEY Resolution No. 10-207 -Proclaiming the week of July 18 to July 24, 2010 as "Probation, Parole and Community Supervision Week" in St. Lucie County, Florida. C. Dean Kubitschek and Marty Laven will be here to accept COUNTY ATTORNEY Resolution No. 10-201 -Proclaiming the week of July 19, 2010 as "Treasure Coast Waterway Cleanup Week" in St. Lucie County, Florida. ADDITIONS TO THE AGENDA Eileen Hagerhorst, Captain BOCC Chili Cook off Team will be here to present the Awards won by the Board of County Commissioners' team. PULLED ITEM VIII. PULLED PRIOR TO MEETING MANAGEMENT 8 BUDGET Approval of proposed millage rafes and dates for public hearings. Please note the following items are missing from your packet and will be distributed as soon as possible: arrant List No. 42 for Regular -VIII -Management and Budget ~" Planning and Development Servicesl Business & Concurrency Division/Tourism ~~ _ -. ~ ~ - tiitiiitiitiili~iitiiilti[IiNl~iitil~tiii(IlttliiliiilLiftfitCiifitiljittiiiii{iilitii((1Litii{ii3ip1111tliliililiti~li{litiLlttiltiiil3LliiNliGf~ittiti3it[lEiiillttiii~E[tittitIiiRt#[titiiit~3tiiljiii~ July 20, 2010 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED'07/20/2010 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 wilt 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 for 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. i July 20, 2010 r 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.org Hi[riillitiiii3t8iiliiliti~(~iliSrf~illtl~llitili[ijiiiiiliiBi~iii[iitii~(iiili~Aiii{iRBi~iti{~(ttt{~it8tiittiliilt~iiiEiliiitliittititllli~Iitl~IGi(iiiilitjii~ltttiii[itti~~iiiiii~liltijHG Charles Grande, Chairman District No. 4 Doug Coward, Vice Chairman District No. 2 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 Chris Craft District No. 5 ciiftlilliiitiiiGiitiitBl~il~iiiiiiiitii~iii{Aiiiili~iiiitiYiiiiNiiAi~iiliitlt(iilitAitiuiiiifiittt(#i13NiiiiilliiiiiiSiiiiitiiilliil)iiiiittiiiiititiiiiittiiitik#iiit~iti(IltiiNltii[itiiiiit{i I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the June 22, 2010 meeting. IV. PROCLAMATIONSIPRESENTATIONS A. COUNTY ATTORNEY Resolution No. 10-208 - In recognition of the new St. Lucie County Foundation Board of the Hibiscus Children's Center. Consider staff recommendation to adopt Resolution No. 10-208 as drafted. B. COUNTY ATTORNEY Resolution No. 10-207 -Proclaiming the week of July 18 to July 24, 2010 as "Probation, Parole and Community Supervision Week" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 10-207 as drafted. C. COUNTY ATTORNEY Resolution No. 10-201 -Proclaiming the week of July 19, 2010 as "Treasure Coast Waterway Cleanup Week" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 10-201 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 39, 40, 41 and 42. B. COUNTY ATTORNEY 1. Termination of Road Improvement Agreement with Kirco Acquisition LLC for Interstate Business Park and release of Kirco's security Consider staff recommendation to approve permission to terminate the Road Improvement Agreement with Kirco Acquisition LLC and release Kirco's security. ,1 B. COUNTY ATTORNEY CONTINUED 2010 Economic Development Exemption Application -Silver-Line Plastics Corporation; Ordinance No. 10-027 Consider staff recommendation to accept the report of the Property Appraiser and grant permission to advertise Ordinance No. 10-027 for a public hearing on August 17, 2010, at 6:00 p.m. or as soon thereafter as the item may be heard. 3. Permission to Advertise -Ordinance No. 10-028 -Court Fees Consider staff recommendation to approve permission to advertise proposed Ordinance No. 10-028 for public hearing before the Board of County Commissioners on August 17, 2010, at 6:00 p.m. or as soon thereafter as may be heard. 4. Permission to Advertise -Ordinance No. 10-029 -Surplus Property Procedure Consider staff recommendation to approve permission to advertise proposed Ordinance No. 10-029 for public hearing before the Board of County Commissioners on August 17, 2010, at 6:00 p.m. or as soon thereafter as may be heard. County Deed -YMCA Parcels -Parcel I.D. Nos. 2416-504-0108-000/7 and 2416-504- 0107-000/0 Consider staff recommendation to approve to authorize the Chairman to execute a County Deed in favor of The City of Fort Pierce and direct staff to record the County Deed in the Public Records of St. Lucie County, Florida. Resolution No. 10-205 -Urging the Governor to Declare the Balance of Florida's Coastal Counties as Disaster Areas Consider staff recommendation to adopt Resolution No. 10-205 as drafted. C. HUMAN RESOURCES Prison Health Services Inmate HIV Medications Invoice for May, 2010 Consider staff recommendation to approve payment of Prison Health Services invoice number PHS0007800 for HIV medications for the period of May 01, 2010 through May 31, 2010, in the amount of $42,017.77. D. PUBLIC WORKS Engineering Division: 1. Gator Trace Boulevard Consider staff recommendation to approve acceptance of the constructed road improvements and authorize the release of the remaining surety in the amount of $589.43 pursuant to Chapter 11.04.01 of the St. Lucie County Land Development Code. 2. River Branch Estates Roadway Reconstruction project Consider staff recommendation to approve bid award to Lynch Paving & Construction Co., Inc. in the amount of $221,293 for construction of the River Branch Estates Roadway Reconstruction project and authorization for the Chairman to sign documents as approved by the County Attorney. D. PUBLIC WORKS CONTINUED The Grove, Indian River Estates, Palm Grove, Southern Oaks, and Meadowood Street Lighting Districts (SLDs) Consider staff recommendation to approve authorization to advertise Notice of Public Hearings for The Grove, Indian River Estates, Palm Grove and Southem Oaks SLDs and authorization to advertise a Revised Notice of Public Hearing for the Meadowood SLD to be held on August 24, 2010 at 9:00 a.m. or as soon thereafter as may be heard. Walton Road Widening (Village Green Drive to Lennard Road) Consider staff recommendation to approve Change Order No. 2 to the contract with Sheltra & Son Construction Co., Inc. in the amount of $147,796.05 for Walton Road Widening (Village Green Drive to Lennard Road) and authorization to sign documents as approved by the County Attomey. Angle Road Sidewalk Project (Phases II and III) Consider staff recommendation to approve to reject the contract with H & D Construction Co., Inc. and authorization for staff to rebid the Angle Road Sidewalk Project (Phases II and III). Administration: 6. Local Agency Program (LAP) Recertification Consider staff recommendation to approve Local Agency Certification Qualification Agreement with Florida Department of Transportation and authorization for the Chairman to sign documents as approved by the County Attomey. E. COUNTY ADMINISTRATION Economic Development Council Third Quarter Invoice Consider staff recommendation to approve acceptance of the Third 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. ENVIRONMENTAL RESOURCES Environmental Regulations and Land Division: 1. U.S. Fish and Wildlife Service's FY 2010 Cooperative Endangered Species Conservation Fund Habitat Conservation Planning Assistance Program -Acceptance of Grant Consider staff recommendation to approve authorization to accept a grant from the U.S. Fish and Wildlife Service's FY 2010 Cooperative Endangered Species Conservation Fund Habitat Conservation Planning Assistance Program in the amount of $286,298, and authorization for the Chairman to sign documents as approved by the County Attomey. Administration: 2. Draft Ordinance No. 10-015 -Multi-purpose paths and greenways & trails. Consider staff recommendation to approve permission for two public hearings for Draft Ordinance No. 10-015 to amend the Land Development Code to include requirements for multi-purpose paths and greenways & trails. G. PLANNING & DEVELOPMENT SERVICES Business & Concurrency Division: Project Leeway -Revised Letter of Intent Consider staff recommendation to approve authorization to have the County Administrator send a Revised Letter of Intent to offer Project Leeway: (1) An Ad Valorem Tax Abatement phased over five years subject to Board approval at a public hearing, Project Leeway making an approximate capital investment of $5,800,000 in St. Lucie County and Project Leeway hiring 13 employees (11 full time equivalent) at an average hourly wage of $17.41 (Estimated Value = $136,227); and (2) A Job Growth Incentive Grant (JGIG) of $18,150 phased over three years. H. HOUSING & COMMUNITY SERVICES Housing Division: 1. Award of Housing Rehabilitation/Replacement Bids Consider staff recommendation to approve bid awards for one replacement and five rehabilitation housing projects under the St. Lucie County CDBG and HOME grants, and authorization for the Chairman to sign documents as approved by the County Attomey. Award of Neighborhood Stabilization Program (NSP) Rehabilitation Bids Consider staff recommendation to approve bid awards for four rehabilitation housing projects under the St. Lucie County NSP Grant, and authorization for the Chairman to sign documents as approved by the County Attomey. 3. Environmental Protection Agency (EPA) Climate Showcase Communities Grant Consider staff recommendation to approve to submit an application for the EPA Climate Showcase Communities grant, and authorization for the Chairman to sign documents as approved by the County Attomey. Adoption of The National Industry Standards for Homeownership Education and Counseling Consider staff recommendation to approve Resolution 10-209 adopting The National Industry Standards for Homeownership Education and Counseling, and authorization for the Chairman to sign documents as approved by the County Attomey. Administration: 5. Council on Aging (COA) Meals on Wheels First Amendment Consider staff recommendation to approve the contract amendment with the Council on Aging of St. Lucie, Inc. for support of Meals on Wheels and authorization for the Chairman to sign all documents as approved by the County Attorney. 6. Choose Life Funding Award Consider staff recommendation to approve award and grant agreement with Care Net Pregnancy Services of the Treasure Coast and Home for Families; and authorization for the Chairman to sign all documents as approved by the County Attomey. CENTRAL SERVICES Award of Bid No. 10-042 -Construction of Little Mud Creek Boat Ramp Consider staff recommendation to approve to award Bid No. 10-042 to Summerlin's Marine Construction, authorization for the Chairman to sign documents as approved by the County Attorney, approval of Budget Resolution No. 10-153 and Budget Amendment No. 10-023. 2. Invitation to Bid hurricane shutter installation at Ave. C Health Department Consider staff recommendation to approve to advertise an Invitation to Bid for Hurricane Shutter Installation at Avenue C. Health Department. PARKS & RECREATION SERVICES Concession Services for South County Regional Stadium Consider staff recommendation to approve fourth amendment to Contract No. C06-04-447 with Jimmy Kemp and Domenick Collura adding South County Regional Stadium to the contract, as outlined in the agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. 2. New Change Fund Request for South County Regional Stadium Consider staff recommendation to approve to establish a change fund in the amount of $1,000 for South County Regional Stadium as outlined in the agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. K. GRANTS/DISASTER RECOVERY DEPARTMENT Florida Energy and Climate Commission, Florida Clean Energy Program -Grant Application Consider staff recommendation to approve to submit a funding application for $500,000 to the Florida Energy and Climate Commission, Florida Clean Energy Program. Severe Repetitive Loss Program -Contracts Consider staff recommendation to approve to execute Severe Repetitive Loss (SRL) agreements with six homeowners, (Attachment A), to sign Final Mitigation Offers and Consultation Agreements, and to approve Budget Resolution Nos. 10-195, 10-196, 10- 197, 10- 198, 10-199, and 10-200 (Attachment B) to establish the project accounts. 3. Florida Department of Transportation, County Incentive Grant Program -Two Grant Applications Consider staff recommendation to approve: (1) of Staffs recommended prioritization of two proposed grant applications; (2) of the submittal of two applications to the Florida Department of Transportation, County Incentive Grant Program for a total amount not to exceed $10,838,742. r VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance No. 10-024 -County Seal and Logo Consider staff recommendation to approve proposed Ordinance No. 10-024. B-I. PUBLIC WORKS Holiday Pines, Blakely, Queens Cove, River Park 1, River Park 2, Sheraton Plaza, Paradise Park, and Palm Lake Gardens Street Lighting Districts Consider staff recommendation to approve adoption of Item No. VII-B Resolution No. 10-174, Item No. VII-C Resolution No. 10-175, Item No. VII-D Resolution No. 10-176, Item No. VII-E Resolution No. 10-178, Item No. VII-F Resolution No. 10-179, Item No. VII-G Resolution No. 10-180, Item No. VII-H Resolution No. 10-181, and Item No. VII-I Resolution No. 10-182, as outlined in the agenda memorandum. PLANNING & DEVELOPMENT SERVICES Rezoning Request -Lucie Rock, LLC Consider staff recommendation to approve adoption of Resolution No. 10-105 approving the petition of Lucie Rock, LLC, for a change in zoning from AG-1 (Agricultural - ldu/ac) to IL (Industrial, Light), as outlined in the agenda memorandum. K. PLANNING 8~ DEVELOPMENT SERVICES Rezoning Request -Juan Venegas Consider staff recommendation to approve adoption of Resolution No. 10-031 granting approval of a rezoning request from RS-3 to AR-1 as outlined in the agenda memorandum. L. PLANNING & DEVELOPMENT SERVICES Conditional Use Permit approval for a sand mining operation to be known as SR 70 Borrow Pit at Adams Ranch Consider staff recommendation to approve Resolution No. 10-103 granting a Conditional Use Permit for a sand mining operation, as outlined in the agenda memorandum. M. PUBLIC WORKS Engineering Division: Adams Ranch State Road 70 Borrow Pit Consider staff recommendation to approve the mining permit application for Adams Ranch State Road 70 Borrow Pit subject to the approved plans and the General and Special Conditions. VIII. PULLEDPRIOR TO'MEETING MANAGEMENT $ BUDGET Approval of proposed millage rates and dates for public hearings Board approval of: 1. Advise the Property Appraiser of the millage rates as outlined on "Worksheet Analysis of Roll-Back Millage Rate for fiscal year 2010-2011" under the column headed "2010-2011 proposed millage." 2. Set two public hearings on September 9m and 23~ 2010, at 6:00 P.M. in the Roger Poitras Administration Annex Commission Chamber. 3. Authorize the County Administrator to be able to modify the millage rates between General Fund and Fine and Forfeiture Fund as long as the total countywide millage stays the same. Also, authorize the County Administrator to transmit the proposed millage rates to the Property Appraiser on Form DR- 420, DR-420 C-P and DR-420 TIF. 4. Set the proposed aggregate millage as outlined on "Worksheet Analysis of Roll-Back Millage rate for fiscal year 2010-2011" under the column headed "2010-2011 proposed millage". IX. PLANNING & DEVELOPMENT SERVICES Business & Concurrency Division/Tourism: TDC Capital Funding for National Navy UDT-SEAL Museum Consider staff recommendation to enter into a grant agreement with the National Navy UDT-SEAL Museum to allocate future TDC capital funds generated from the 33% of the fifth cent Tourist Development Tax in an amount not to exceed $470,000 including interest to fund the museum's expansion project. X. ANNOUNCEMENTS The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, July 27, 2010 at 1:30 p.m. in Conference Room #3. 2. The Board of County Commissioners summer recess will begin the week of August 2^~ and run thru August 13th. The August 3~ BOCC meeting and the August 10m BOCC meeting are canceled. 3. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, August 24, 2010 at 1:30 p.m. in Conference Room #3. 4 The Board of County Commissioners will hold a :Workshop on the Jail on Wednesday,';September 1,.. 2010 at 1:30 p.m in Conference Room #3: NOTICE: All Proceedings before this Board an; electronically recorded. Any person who deades 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~xamine 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: June 22, 2010 Convened: 9:00 a.m. Adjourned: 9:58 a.m. Commissioners Present: Chairman, Charles Grande, Doug Coward, Chris Craft, Paula A. Lewis, Chris Dzadovsky Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Mark Satterlee, Planning and Development Services Director, Jim David, Mosquito Control Director, Marie Gouin, OMB Director, Todd Cox, Airport, Don West, Public Works Director, Millie Delgado, Feliciano, Deputy Clerk INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the June 15, 2010 meeting. It was moved by Com. Lewis, seconded by Com. Coward, to approve the minutes of the meeting held June 15, 2010, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONSIPRESENTATIONS A. Presentation by Carol Wyatt, WPSL Christmas Kids of St. Lucie County B. Presentation by Alex Damian of South Florida Water Management on the District's preparation for the upcoming rainy season. C ADDIT[(JN COIJNTY~ATTORNEY Resolution No: ;10-189'-.Commending NormPenner. Executive Director of the` Boys & Girls Club ~.: of St. Lucie County for, being'~awarded'tlie .title of °National Executive of the Year" by .the Boys Girls Club of America: Consider staff recommendation to adopt Resolution No. 10-189 as drafted. It was moved by Com. Coward, seconded by Com. Lewis, to approve Resolution No. 10-189, and; upon roll call, motion carried unanimously. V. GENERAL PUBLIC COMMENT Mr. Jeff Furst, St. Lucie County Property Appraiser addressed the Board and advised them he believed there would be an improvement in the roll figures. He had previously anticipated a 12% reduction in value and is now looking at a figure below 11.5%. He advised the Board he would be providing them with a more accurate figure by the end of the week. He is required to provide the state with the actual figure by the end of June. VI. CONSENT AGENDA It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 38 The Board approved Warrant List No. 38. B. COUNTY ATTORNEY Street Lighting Improvement Service Districts - Interlo cal Agreements with St. Lucie County Property Appraiser and St. Lucie County Tax Collector The Board approved the proposed interiocal agreements with the St. Lucie County Property Appraiser and the St. Lucie County Tax Collector for the Street Lighting Improvement Service Districts, and authorized the Chairman to sign the agreements. B. COUNTY ATTORNEY CONTINUED 2. Permission to Advertise -Ordinance No. 10-024 -County Seal and Logo The Board granted permission to advertise proposed Ordinance No. 10-024 for public hearing before the Board of County Commissioners on July 6, 2010, at 6:00 p.m. or as soon thereafter as may be heard. 3. Local Option Gas Tax Division of Proceeds Beginning September 1, 2010 The Board approved the annual redetermination set out in the attached memorandum and directed the County Attomey to notify the Department of Revenue of the redetermination by July 1, 2010. Request to have the Board to amend and approve a Contractual Rate Agreement (Amendment No. 0005) with United for Families, Inc. (UFF) for drug screening services. The Board approved the Amended Contractual Rate Agreement with United for Families, Inc., and authorized the Chairman to sign the Amended Contractual Rate Agreement. C. INVESTMENT FOR THE FUTURE Central Services: Award of Bid No. 10-028 -Media Studio A/C Project The Board approved awarding Bid No. 10-028 to DAC Air Conditioning Corp. and authorized the Chairman to sign documents as approved by the County Attomey. D. PARKS & RECREATION SERVICES Time extension of Florida Boating Improvement Program (FBIP) Grant for Stan Blum Boat Ramp Restroom The Board approved Amendment No. 1 to Contract No. 08074 for the Florida Boating Improvement Program (FBIP) Grant Agreement extending the project completion date for the Stan Blum Board Ramp Restroom to September 30, 2010 as outlined in the agenda memorandum, and authorized the Chairman to sign documents as approved by the County Attomey. 2. Budget Resolution No.10-190 - WPSL Christmas Kids of St. Lucie County Donation The Board approved Budget Resolution No. 10-190 to accept WPSL Christmas Kids of St. Lucie County donation in the amount of $4200 to be utilized to provide American Red Cross Water Safety Lessons at Open Space Pool as outlined in the agenda memorandum, and authorized the Chairman to sign documents as approved by the County Attorney. E. PUBLIC WORKS 2 06/18/1,0 F ZA~WARR FUND TITLE 001 001113 001180 001188 001194 001510 001511 001512 101 101002 101003 101004 102 102001 102809 105 107 107001 107002 107003 107005 107006 107205 107206 109 115 118 121 127 128 130102 140 140001 140368 160 183 183004 183006 184211 184215 189101 216 310001 316 316001 401 418 451 ST. LUCIE COUNTY - BOARD WARRANT LIST #38- 12-JUN-2010 TO 18-JUN-2010 FUND SUMMARY EXPENSES General Fund CDBG Supp Disaster Recovery Subgran US Dept Housing HUD Shelter Plus Gr Section 112/MPO/.Fhwa/Planning 2007 U.S. Dept of Housing & Community CSBG FY 2009-2010 ARRA CSBG 2009 ' Neighborhood Stabilization Program Transportation Trust Fund Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Phase 2 SFWMD 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 Juvenile Justice & Delinquency Prev FDCF Criminal Justice, Mental Healt Drug Abuse Fund Sheraton Plaza Fund Paradise Park Fund Blakely Subdivision Fund Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting FTA 5307-ARRA 2009 Capital Projects Airport Fund Port Fund FDOT - Taxiway C Rehabilitation Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP South SLC Beach Restoration DEP Ft Pierce Shore Protection 2012 Horne Consortium FY 2008 County Capital I&S Impact Fees-Library County Capital 5th Cent Fuel-Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund 207,913.06 850.00 9, 798.76 13.02 4, 454.10 8, 947.55 15,240.23 100,014.38 1, 725.00 10, 656.78 11,132.04 13,221.30 2, 029.09 30,791.41 13,687.62 76, 989.85 214,383.58 34,917.38 17,262.24 633.92 8, 757.17 20, 012.62 875.69 181.35 35.00 622.70 860.60 95.11 44.80 67.90 521.16 2,465.75 148.80 39,874.08 39.26 9, 687.41 372.52 15,421.43 13,255.80 59, 901.84 45,076.26 1,202.00 5,458.11 7, 367.62 136,569.75 225,396.07 10,583.95 126.65 PAGE PAYROLL 30,200.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 06/18/1~J ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #38- 12-JUN- 2010 TO 18-JUN-2010 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 461 Sports Complex Fund 24,472.45 0.00 471 No County Utility District-Operatin 35,846.54 0.00 478 No Cty Util Dist-Renewal & Replace 3,277.96 0.00 491 Building Code Fund 460..15 0.00 505 Health Insurance Fund 56,607.56 1,633.70 505001 Property/Casualty Insurance Fund 22,641.29 0.00 611 Tourist Development Trust-Adv Fund 1,000.00 0.00 615 Impact Fees Fund 6,567.41 0.00 665 SLC Art in Public Places Trust Fund 8,325.00 0.00 801 Bank Fund 5,099.02 _0.00 GRAND TOTAL: 1,543,980.09 31,833.70 River Park 1, River Park 2, Sheraton Plaza, Paradise Park and Palm Lake Gardens Street Lighting Districts The Board approved advertising a public hearings for the River Park 1, River Park 2, Sheraton Plaza, Paradise Park and Palm Lake Gardens Street Lighting Districts to be held on July 20, 2010 at 6:00 p.m. or as soon thereafter as may be heard. E. PUBLIC WORKS CONTINUED 2. Adams Ranch State Road 70 Borrow Pit The Board approved scheduling a public hearing to be held July 20, 2010 at 6:00 p.m, or as soon thereafter to consider the request of Adams Ranch Mining Permit application for the State Road 70 Borrow Pit. F. MANAGEMENT & BUDGET Purchasing: 1. Amendment to the Contract for Enhanced Swale Maintenance The Board approved the first amendment to Contract No. C09-09-457 with Environmental Land Development, Inc. extending the contract through September 30, 2011 and authorized the Chairman to sign documents as approved by the County Attomey. 2. Amendment to the Contract for Laserfiche Software Support The Board approved the first amendment to Contract No. C09-12-601 with R&S Integrated Products & Services, Inc. extending the contract through September 30, 2011, and authorized the Chairman to sign documents as approved by the County Attomey. Amendment to the Contract for Concrete, Culvert and Asphalt Installation The Board approved the second amendment to Contract No. C09-09-456 with Melvin Bush Construction, Inc. extending the contract through September 30, 2011, and authorized the Chairman to sign documents as approved by the County Attorney. 4. Bid No. 10-026, Stan Blum Boat Ramp Force Main Construction The Board approved awarding of Bid No. 10-026, Stan Blum Boat Ramp Force Main Construction, to the lowest responsive and responsible bidder, AWM Construction of Fort Pierce, in the amount of $43,299.00 and authorized the Chairman to sign documents as approved by the County Attorney. 5. Bid No. 10-040 -Manufacture and Deliver Precast Concrete Restroom at the Stan Blum Boat Ramp The Board approved awarding Bid No. 10-040, Manufacture and Deliver Precast Concrete Restroom at the Stan Blum Boat Ramp, to the lowest responsive and responsible bidder, J.E. Hill Precast Company of Leesburg, in the amount of $81,884.00 and authorized the Chairman to sign documents as approved by the County Attomey. Bid No. 10-027 -Manufacture and Deliver Precast Concrete Restroom at Lawnwood Sports Complex The Board approved awarding Bid No. 10-027, Manufacture and Deliver Precast Concrete Restroom at Lawnwood Sports Complex, to the lowest responsive and responsible bidder, Concrete Modular Systems of St. Petersburg, in the amount of $121,253.05 and authorized the Chairman to sign documents as approved by the County Attorney. MANAGEMENT & BUDGET CONTINUED 7. Contract No. 10-01-046 with Medical Logistics Solutions, Inc. The Board approved canceling Contract No. C10-01-046 with Medical Logistics Solutions, Inc. and authorized to request three written quotes for the 19th Judicial Circuit Courier Services. 8. Request for Qualifications (RFQ) No. 10-015, Professional Engineering Services - Dredging Projects 3 The Board approved the short-listed firms for Professional Services -Dredging Projects and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firm; 3. If negotiations are successful, award contract to the successful short-listed firm and authorized the Chairman to sign the documents as prepared by the County Attomey Bid No. 10-029, Baling Wire for the St. Lucie County Solid Waste Baling and Recycling Facility The Board approved rejecting the sole proposal received for Bid No. 10-029, Baling Wire for the St. Lucie County Solid Waste Baling and Recycling Facility, and gave permission to re-advertise. 10. Request for Qualifications (RFQ) No. 10-016, Weatherbee Road Sidewalk Design The Board approved the short-listed firms for Weatherbee Road Sidewalk Design and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firm; 3. If negotiations are successful, award contract to the successful short-listed firm and authorized the Chairman to sign the documents as prepared by the County Attorney. 11. Fixed Asset Inventory-Property Record Removal The Board approved removing fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of the St. Lucie Health Department. 12. Bid No. 10-024, Water and Sewer Monitoring Services The Board approved awarding Bid No. 10-024, Water and Sewer Monitoring Services, to the second lowest responsive and responsible bidder, Walsh Environmental Services of Vero Beach and authorized the Chairman to sign documents as approved by the County Attorney. G. COURT ADMINISTRATION Request approval for Budget Amendment No. 10-025 in the amount of $8,948 from the Court Innovation Fund for the purchase and installation of a sound enhancement system for Courtroom M, pursuant to s. 939.185(1)(a)1., Florida Statues. The Board approved Budget Amendment No. 10-025 in the amount of $8,948 from the Court Innovation Fund for the purchase and installation of a sound enhancement system for Courtroom M. H. HOUSING & COMMUNITY SERVICES Housing Division: 1. Award of Housing Rehabilitation/Replacement Bids The Board approved the bid awards for two replacement and three rehabilitation housing projects, and authorized the Chairman to sign documents as approved by the County Attomey. 2. U.S. Department of Agriculture (USDA) Rural Housing Service (RHS) Grant Application The Board approved submitting the USDA RHS grant application, and authorized the Chairman to sign documents as approved by the County Attorney. 3. Housing Finance Agency Hardest Hit Fund The Board approved submitting a response for the Request for Qualifications (RFQ) for Housing Counseling Agencies under the Hardest Hit Fund, and authorized the Chairman to sign documents as approved by the County Attomey. Community Services Division: 4. Federal Transit Administration (FTA) Section 5307 FY 2010 Grant 4 The Board approved submitting a Section 5307 grant application to FTA for FY10 and Resolution No. 10-194 and authorized the Chairman to sign documents as approved by the County attorney. VII. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES Petition of David Wright for a waiver from Section 8.00.05 (A) -Fencing Requirements for a Swimming Pool. Consider staff recommendation to adopt Resolution No. 10-032 granting the requested waiver from Section 8.00.05 (A) -Fencing Requirements for a Swimming Pool. Quasi -Judicial- Com. Craft acknowledged having contact with the applicant. It was moved by Com. Coward, seconded by Com. Dzadovsky, to adopt Resolution No. 10-032, and; upon roll call, motion carried unanimously. VIII. BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners provided updates on the various Boards/Committees IX. ADDITION SLC "Back to School Expo- Request fee waiver for Fenn Center It was moved by Com. Coward, seconded by Com. Dzadovsky to approve the fee waiver, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 5 AGENDA REQUEST CC3[.1 h[TY F L O R I D A --~ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: County Attorney ITEM NO. Iv-A DATE: July 20, 2010 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 10-208 - In recognition of the new St. Lucie County Foundation Board for the Hibiscus Children's Center. BACKGROUND: Tracy Natiello, Director of Resource Management with the Hibiscus Children's Center, has requested thatthis Board recognize the New St. Lucie County Foundation Board for the Hibiscus Children's Center. This resolution has been drafted for that purpose. RECOMMENDATION: Staff recommendsthattheBoard adopttheattached Resolution No. 10-208 as drafted. COMMISSION ACTION: CONCURRENCE: p(] APPROVED [ ]DENIED [ ]OTHER: ~- Approved 4-0 Comm. Faye W. Outlaw, MPA Coward Absent County Administrator Review and Approvals [X] County Attorney: L/~ Daniel S. McIntyre RESOLUTION NO. 10-208 A RESOLUTION RECOGNIZING THE NEW ST. LUCIE COUNTY FOUNDATION BOARD FOR HIBISCUS CHILDREN'S CENTER WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations Child abuse and neglect are a serious and growing problem affecting millions of our nation's children annually and many children here in St. Lucie County. 2. More than half of the children served by Hibiscus Children's Center are from St. Lucie County. 3. For 25 years, Hibiscus Children's Center's mission has been to provide safety for abused, abandoned and neglected children through prevention programs, residential programs, shelter programs, and recovery programs. 4. Hibiscus Children's Center recruits, trains and licenses foster families yearly and provides support and retention services for them. 5. Prevention of abuse requires neighborhoods and communities to be attentive to the problems of families and be willing to help when help is needed. 6. Hibiscus Children's Center has successfully established the St. Lucie County Foundation Board. 7. This St. Lucie County Foundation Board has completed its first year of operations for the purpose of carrying out the mission to serve of the children of St. Lucie County in Hibiscus Children's Center's care. 8. Hibiscus Children's Center has been Saving Chi/dren for 25 years; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: This Board does hereby commend the work of the new St. Lucie County Foundation Board for Hibiscus Children's Center and extend their support to engage in activities that strengthen families and the community to provide the optimal environment for children to grow and thrive without the threat of abuse, neglect, or abandonment. 2. This Board encourages all citizens to learn more about helping the children served by the Hibiscus Children's Center, to volunteer, to donate or to Leave a Legacy and remember Hibiscus in your will. PASSED AND DULY ADOPTED this 20th day of July, 2010. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST ITEM NO. IV-,~ „~~~ ~. ~. - -- -~ DATE: July 20, 2010 ~ REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 10-207 -Proclaiming the week of July 18 to July 24, 2010 as "PROBATION, PAROLE AND COMMUNITY SUPERVISION WEEK" in St. Lucie County, Florida. BACKGROUND: It has been requested that this Board proclaim the week of July 18 to July 24, 2010 as "PROBATION, PAROLE AND COMMUNITY SUPERVISION WEEK" in St. Lucie County, Florida. This resolution has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 10-207 as drafted. COMMISSION ACTION: CONCURRENCE: J~Q APPROVED [ ]DENIED [ J OTHER: ~- Approved 4-0 Comm. Coward Absent Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: ~1.~- [X] Criminal Justice Coordinator: Heather Young, ACA Mark Godwin RESOLUTION NO. 10-207 A RESOLUTION RECOGNIZING THE CELEBRATION OF DEPARTMENT OF CORRECTION'S PROBATION, PAROLE AND COMMUNITY SUPERVISION WEEK FROM JULY 18 TO JULY 24, 2010 AND ENCOURAGING ALL CITIZENS TO HONOR THESE COMMUNITY CORRECTIONS PROFESSIONALS AND TO RECOGNIZE THEIR ACHIEVEMENTS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Community corrections is an essential part of the justice system. 2. Community corrections professionals are responsible for supervising adult and juvenile offenders in the community. 3. Community corrections professionals uphold the law with dignity, while recognizing the right of the public to be safe-guarded from criminal activity. 4. Community corrections professionals work in partnership with community agencies and groups. 5. Community corrections professionals promote prevention, intervention and advocacy. 6. Community corrections professionals advocate community and restorative justice. 7. Community corrections professionals are a true Force for Positive ChansJe in their communities. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the week of July 18-24, 2010 as "Probation, Parole and Community Supervision Week" in St. Lucie County, Florida. 2. This Board encourages all citizens to honor these community corrections professionals and to recognize their achievements. PASSED AND DULY ADOPTED this 20th day of July, 2010. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST ITEM NO. IV-!~ y ~,~ ~ , ;,,,~ ,~~~,.~,y„~~ DATE:1uly 20, 2010 ~ REGULAR [x ] __~ PUBLIC HEARING [ J CONSENT [ ] T0: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 10-201 -Proclaiming the week of July 19, 2010 as "TREASURE COAST WATERWAY CLEANUP WEEK" in St. Lucie County, Florida. BACKGROUND: Steve Haigis, President of the Marine Industries Association of the Treasure Coast, has requested that this Board proclaim the week of July 19, 2010 as "TREASURE COAST WATERWAY CLEANUP WEEK" in St. Lucie County, Florida. This resolution has been drafted for that purpose. RECOMMENDATION: COMMISSION ACTION: 4(] APPROVED [ ]DENIED [ ]OTHER: Staffrecommendsthatthe Board adoptthe attached Resolution No. 10-201 as drafted. gpproved 4-0 Comm. Coward Absent CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: ~, Heather Young, ACA RESOLUTION NO. 10-201 A RESOLUTION PROCLAIMING THE WEEK OF JULY 19, 2010 AS "TREASURE COAST WATERWAY CLEANUP WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On Saturday, July 24, 2010, the Marine Industries Association of the Treasure Coast, in conjunction with the Florida Inland Navigation District will conduct the 3~d Annual Treasure Coast Waterway Cleanup. 2. The event is expected to attract more than 1,000 volunteers who will participate in cleaning up the waterways of Martin, St. Lucie and Indian River Counties. 3. There are twenty-two designated sites throughout the three counties that serve as registration and disposal sites for the project. 4. Numerous waterfront homeowner associations are being recruited to clean up their own waterfront. 5. In 2009, more than thirteen tons of trash were collected from approximately 125 miles of waterways. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the week of July 19, 2010 as "TREASURE COAST WATERWAY CLEANUP WEEK" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to become involved with the efforts to clean up our waterways. PASSED AND DULY ADOPTED this day of July 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 06/25/10 FZABWARR FUND TITLE 001 001113 001164 001176 001180 001188 001443 001509 001510 001511 001512 001515 001519 101 101001 101002 101003 101004 101006 102 102001 107 107001 107002 107003 107006 107205 107206 130 130101 130102 130105 130107 130207 130210 140 140001 140135 140335 140356 140358 150 160 183 183001 183004 183006 184209 ST. LUCIE COUNTY - BOARD WARRANT LIST #39- 19-JUN-2010 TO 25-JUN-2010 FUND SUMMARY EXPENSES General Fund CDBG Supp Disaster Recovery Subgran USDOJ Violence Against Women Grant FTA Section 5303 F/Y06 US Dept Housing HUD Shelter Plus Gr Section 112/MPO/Fhwa/Planning 2007 FDCA RCMP Grant US Dept of Housing CDBG 09 CSBG FY 2009-2010 ARRA CSBG 2009 Neighborhood Stabilization Program FDCA EMPA FY10 CDBG FY 2008 Disaster Recovery 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 Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology Juvenile Justice & Delinquency Prev FDCF Criminal Justice, Mental Healt SLC Public Transit MSTU FTA Operating and Capital Assist FTA 5307-ARRA 2009 Capital Projects FTA 5307-2 2009 Cap & Oper FTA 5311 Block Grant FDOT Fized Route Grant FDOT 5311 Block Grant Airport Fund Port Fund FAA Security Fencing & Runway 9L/27 Parallel Runway Design-9L/27R FDOT Airport Master Plan Update FDOT Update Master Drainage Plan Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP - Fort Pierce Shore Protection 234,978.82 24,395.70 15,978.20 55.19 1,000.00 901.59 146.05 22.25 1,483.79 866.68 214,387.96 119.97 539.60 5, 045.29 346.75 32,359.25 7, 603.20 8,525.77 41,634.56 34,906.55 3, 533.94 73,364.48 86.91 318.41 2,475.89 13,355.59 779.85 915.54 41,931.95 39,625.00 567.60 106,884.00 9, 074.33 21,292.01 39,115.46 7, 662.90 4, 689.00 15,746.55 828.76 8, 907.10 8, 907.50 109.71 225.93 219.40 120.00 643.25 1, 326.07 2, 974.54 PAGE PAYROLL 550, 653.41 3, 259.41 51.24 743.08 0.00 9, 957.04 2,037.05 310.61 210.97 2, 624.04 1, 736.25 0.00 0.00 33,496.00 1,237.60 43,664.21 20,789.52 17,814.47 0.00 68, 026.42 15,192.88 141,934.08 1,122.83 1, 122.83 0.00 8, 736.95 2,076.00 0.00 2,067.37 0.00 0.00 0.00 0.00 0.00 0.00 11,486.56 0.00 0.00 0.00 0.00 0.00 1,523.20 3,110.46 3, 009.49 0.00 5,404.72 0.00 0.00 06/25/10 FZABWARR FUND TITLE 184215 185010 189100 189201 310001 316 318 401 418 451 458 461 471 478 479 491 505 505001 611 625 665 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #39- 19-JUN-2010 TO 25-JUN-2010 FUND SUMMARY EXPENSES DEP Ft Pierce Shore Protection 2012 FHFA SHIP 2008/2009 Home Consortium FHFC Hurricane Housing Recovery Pla Impact Fees-Library County Capital County Capital-Transportation Bond 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 Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library SLC Art in Public Places Trust Fund Bank Fund GRAND TOTAL: 7, 910.14 16,000.00 127.86 43,242.23 2,420.64 495.00 2,559.26 169,244.64 4, 931.94 10,132.61 48.52 10,681.30 16,886.84 26,645.07 110.21 1,357.12 716,678.81 370.41 8, 393.40 3, 544.60 571.25 248,206.69 2,321,537.38 PAGE 2 PAYROLL 0.00 0.00 1, 717.7 9 0.00 0.00 0.00 0.00 57,377.09 19,258.96 3, 540.29 656.21 17,744.45 7, 718.56 1, 316.90 1, 481.03 17,196.83 1,186.40 4, 929.37 1, 901 . O1 0.00 0.00 0.00 1, 089, 423.58 07/02/10 FZABWARR FUND TITLE 001 001113 001164 001176 001180 001188 001194 001442 001443 001509 001510 001511 001512 001515 101 101002 101003 101004 101006 102 102001 107 107001 107002 107006 107204 107205 107206 111 112 113 114 116 117 119 120 122 123 126 127 128 130 130102 130209 136 138 139 140 ST. LUCIE COUNTY - BOARD WARRANT LIST #40- 26-JUN-2010 TO 02-JUL-2010 FUND SUMMARY EXPENSES General Fund CDBG Supp Disaster Recovery Subgran USDOJ Violence Against Women Grant FTA Section 5303 F/Y06 US Dept Housing HUD Shelter Plus Gr Section 112/MPO/Fhwa/Planning 2007 U.S. Dept of Housing & Community FCTD Planning Grant Agreement FDCA RCMP Grant US Dept of Housing CDBG 09 CSBG FY 2009-2010 ARRA CSBG 2009 Neighborhood Stabilization Program FDCA EMPA FY10 Transportation Trust Fund Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar F&F Fund-Court Related Technology FL Dept Juvenile Justice-DMC Civil Juvenile Justice & Delinquency Prev FDCF Criminal Justice, Mental Healt River Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund The Grove Fund Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting SLC Public Transit MSTU FTA 5307-ARRA 2009 Capital Projects FCTD TRIP FY 09/10 Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Airport Fund 2,408,224.90 642.10 10.10 130.52 2,299.00 89,589.84 494.00 100.18 401.35 61.18 1, 988.42 532.17 6, 041.13 5,716.52 7, 857.66 26,429.48 5, 320.50 4,817.28 16,364.50 66, 603.78 31,362.21 3,893,266.22 219.38 5,215.33 3,031.54 70.51 3,518.96 570.80 2, 795.17 604.86 230.31 506.53 563.51 140.18 854.21 177.07 993.50 354.05 124.36 376.04 497.92 407.28 660.48 27,858.10 1, 754.03 256.03 754.29 4,057.40 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,348.02 926.08 0.00 0.00 0.00 0.00 0.00 0.00 G.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 _ 00 0.00 0.00 07/02/10 FZABWARR FUND TITLE 150 160 183 183004 183006 184211 184215 189100 189101 189102 189201 216 242 316 318 396 401 418 451 458 461 471 478 479 491 505 505001 611 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #40- 26-JUN-2010 TO 02-JUL-2010 FUND SUMMARY EXPENSES Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP South SLC Beach Restoration DEP Ft Pierce Shore Protection 2012 Home Consortium Home Consortium FY 2008 Home Consortium 2009 FHFC Hurricane Housing Recovery Pla County Capital I&S Port I&S Fund County Capital County Capital-Transportation Bond 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 Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Bank Fund GRAND TOTAL: 300.08 12,928.24 7, 808.24 1,135.66 2.70 60,660.46 54,242.32 357.50 125,000.00 3,795.00 119.55 15,520.24 45,311.26 41,766.00 57,259.95 2,437.91 90,704.23 7, 996.00 697.00 129.24 24,556.02 4, 621.74 259.40 291.77 3, 596.26 56,467.95 26,038.64 7, 992.51 18,339.24 3, 667.37 7,298,847.36 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1, 633.70 0.00 0.00 0.00 0.00 3, 907.80 07/09/10 FZABWARR FUND TITLE 001 001113 001164 001176 001188 001509 001510 001511 001512 001515 101 .101001 101002 101003 1.01004 101006 101112 102 102001 103 107 107001 107002 107003 107006 107205 111 112 113 114 115 116 117 118 119 120 121 122 123 126 129 130 136 138 139 140 140001 150 ST. LUCIE COUNTY - BOARD WARRANT LIST #41- 03-JUL-2010 TO 09-JUL-2010 FUND SUMMARY EXPENSES General Fund CDBG Supp Disaster Recovery Subgran USDOJ Violence Against Women Grant FTA Section 5303 F/Y06 Section 112/MPO/Fhwa/Planning 2007 US Dept of Housing CDBG 09 CSBG FY 2009-2010 ARRA CSBG 2009 Neighborhood Stabilization Program FDCA EMPA FY10 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees FHWA FDOT Walton Road Widening Unincorporated Services Fund Drainage Maintenance MSTU Law Enforcement MSTU Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology Juvenile Justice & Delinquency Prev River Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sheraton Plaza Fund Sunland Gardens Fund Sunrise Park Fund Paradise Park Fund Holiday Pines Fund The Grove Fund Blakely Subdivision Fund Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting Parks MSTU Fund SLC Public Transit MSTU Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Airport Fund Port Fund Impact Fee Collections 1, 077, 262.82 22,738.36 3.42 101.52 719.54 22.04 5,388.61 49.17 2, 984.90 6,357.93 3, 487.69 80.18 26,288.49 5, 576.98 10,226.18 137,188.64 137,270.16 44,608.73 16,136.84 8, 719.27 210,260.27 2,469.62 1, 284.21 2,502.56 8, 129.17 1, 609.54 82.21 18.79 8.13 14.26 17.23 19.61 7.05 26.74 30.97 7.31 6.07 32.37 16.20 7.50 15, 009.33 5, 554.59 51.84 12.06 21.38 3, 416.12 87.53 108.89 PAGE PAYROLL 519,799.70 3,259.40 51.24 1,369.38 9, 988.08 310.60 347.28 1, 697.96 5, 181.02 0.00 33,561.13 1,237.60 46,175.75 20,649.76 17,357.85 0.00 0.00 71, 972.64 9, 909.20 0.00 137,778.49 1, 122.83 1, 122.83 0.00 8, 736.95 2,076.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,067.37 0.00 0.00 0.00 11,486.56 0.00 1, 523.20 7 07/09/10 FZABWARR FUND TITLE 160 183 183001 183004 183006 189100 189101 189201 242 282 310001 401 418 451 458 461 471 478 479 491 505 505001 611 625 665 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #41- 03-JUL-2010 TO 09-JUL-2010 FUND SUMMARY EXPENSES Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund Home Consortium Home Consortium FY 2008 FHFC Hurricane Housing Recovery Pla Port I&S Fund Environmental Land I&S Fund Impact Fees-Library 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 Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library SLC Art in Public Places Trust Fund Bank Fund GRAND TOTAL: 2,283.79 7,705.65 704.99 388.84 713.21 127.66 50, 000.00 105.14- 1,009.28 3,007.83 1, 962.66 628,819.10 5,154.06 14,503.54 7, 601.59 5,418.37 196,220.69 97.49 435.56 1,490.55 155,826.73 369.12 142.73 1,239.50 1,000.00 226,586.83 3, 068, 727.65 PAGE 2 PAYROLL 3, 110.46 3, 009.49 0.00 5, 404.72 0.00 1, 717.80 0.00 4,221.60 0.00 0.00 0.00 64,311.87 18,987.36 3, 524.03 659.56 18,004.08 7, 718.18 1, 323.00 1,488.22 17,196.83 1, 186.41 4, 929.37 1, 901 . O1 0.00 0.00 0.00 1, 067, 476.81 07/16/10 FZABWARR FUND TITLE 001 001113 001188 001194 001413 001443 001510 001511 001512 001515 001519 101 101001 101002 101003 101004 101006 102 102001 107 107001 107002 107003 107005 107006 107205 107206 109 115 118 121 130102 130209 140 140001 160 183 183004 185010 185011 189101 216 310001 316 396 397 398 401 ST. LUCIE COUNTY - BOARD WARRANT LIST #42- 10-JUL-2010 TO 16-JUL-2010 FUND SUMMARY EXPENSES General Fund CDBG Supp Disaster Recovery Subgran Section 112/MPO/Fhwa/Planning 2007 U.S. Dept of Housing & Community FL Dept. Of Transp Park & Ride FDCA RCMP Grant CSBG FY 2009-2010 ARRA CSBG 2009 Neighborhood Stabilization Program FDCA EMPA FY10 CDBG FY 2008 Disaster Recovery 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 P4STU 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 Juvenile Justice & Delinquency Prev FDCF Criminal Justice, Mental Healt Drug Abuse Fund Sheraton Plaza Fund Paradise Park Fund Blakely Subdivision Fund FTA 5307-ARRA 2009 Capital Projects FCTD TRIP FY 09/10 Airport Fund Port Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court FHFA SHIP 2008/2009 FHFA SHIP 2009/2010 Home Consortium FY 2008 County Capital I&S Impact Fees-Library County Capital Lennard Road 1 - Roadway Capital Lennard Road 2 - Water Capital Lennard Road 3 - Sewer Capital Sanitary Landfill Fund 384,777.17 148.04 1,309.82 950.00 5,890.00 3,231.93 10,228.66 9,278.30 414,630.11 662.73 12.00 1,452.82 842.07 30,910.03 16,632.10 4,990.52 24,112.51 6,237.31 7, 820.83 246, 942.19 273.44 23,833.33 218.32 8,757.17 204.80 1,213.00 2,554.26 35.00 622.70 860.60 95.11 1,424.16 27,856.29 12,003.15 119.00 6, 858.87 7, 155.93 215.67 44,003.50 227.61 240.80 2,404.00 10,405.57 4,410.67 1, 957.50 978.75 978.75 53,358.73 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 148.48 07/16/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #42- 10-JUL-2010 TO 16-JUL-2010 FUND SUMMARY PAGE 2 FUND TITLE EXPENSES PAYROLL 418 Golf Course Fund 8,547.57 0.00 451 S. Hutchinson Utilities Fund 1,159.99 0.00 461 Sports Complex Fund 38,675.54 0.00 471 No County Utility District-Operatin 56,264.70 0.00 479 No Cty Util Dist-Capital Facilities 6,375.50 0.00 491 Building Code Fund 472.34 0.00 505 Health Insurance Fund 41,977.14 1,633.70 611 Tourist Development Trust-Adv Fund 696.38 0.00 625 Law Library 13,279.56 0.00 630 Tax Deed Overbid Agency Fund 3,227.83 0.00 665 SLC Art in Public Places Trust Fund 1,357.92 0.00 801 Bank Fund 19,549.24 0.00 GRAND TOTAL: 1,575,909.53 1,782.18 AGENDA REQUEST you r~Ty ~~ if L O R 1 D A TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B- 4 DATE: July 20, 2010 REGULAR [] PUBLIC HEARING [] CONSENT [xx] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Termination of Road Improvement Agreement with Kirco Acquisition LLC for Interstate Business Park and relense of Kirco's security BACKGROUND: See CA10-0799 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff requests permission to terminate the Rood Improvement Agreement with Kirco Acquisition l-LC and relense Kirco's security. COMMISSION ACTION: CONCURRENCE: (jQ APPROVED [ ]DENIED [ ]OTHER: Approved 4.0 Comm. Faye W. Outlaw, MPA Coward Absent County Administrator Review and Approvals County Attorney: ~ Management 6 Budget Purchasing: _ Daniel S. McIntyre Originating Dept. Public Works Dir: County Eng.; Finance: (Check for copy only, if applicnble) Mike Powley Eff. 5/96 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 10-0799 DATE: July 20, 2010 SUBJECT: Termination of Road Improvement Agreement with Kirco Acquisition LLC for Interstate Business Park and release of Kirco's bond BACKGROUND: On November 27, 2007, Kirco Acquisition LLC entered into a Road Improvement Agreement with the County, to guarantee road improvements necessitated by its Interstate Business Park development in the City of Fort Pierce. The Agreement was secured by a bond. The site plan at the City of Fort Pierce has expired. Because this development will not be built, Kirco has requested that the Road Improvement Agreement be terminated and its security returned. RECOMMENDATION/CONCLUSION: Staff requests permission to terminate the Road Improvement Agreement with Kirco Acquisition LLC and release Kirco's security. Respectfully submitted v ~~ Heather Sperrazza Luek / Assistant County Attor y June 18, 2010 Ms Heather Sperrazza Lueke Assistant County Attorney St Lucie County Attorney's Office 2300 Virginia Avenue Ft. Pierce, FL 34982-5652 Dear Heather: We are in receipt of your letter dated June 7, 2010 regarding the expiration of the Interstate Business Park site plan. We acknowledge that the site plan approval has expired and request return of our letter of credit that we submitted securing offsite improvements associated with the November 5, 2007 Road Improvement Agreement between KIRCO Acquisitions and St Lucie County. Please let me know if you have any additional questions. Sincerely, Clifford D. Aiken Executive Vice President KIRCO ~~ '~ ~ -/~- ~3~ , ROAD IMPROVEMENT AGREEMENT THIS ROAD IMPROVEMENT AGREEMENT, is entered into this 5th day of ,~v~rJr+~~ , 2007, by and between ACQUISITION. LLC (the "Developer"), and ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County"). WITNESETH: WHEREAS, the Developer is commencing proceedings to develop land in St. Lucie County known as INTERSTATE BUSINESS PARK ("Development"); and WHEREAS, the Developer proposes to construct certain road improvements to the satisfaction of the County; and NOW THEREFORE, in consideration of the mutual promises contained herein, the Developer and County agree as follows: 1. NOTIFICATION TO COUNTY. This Agreement is subject to the Developer obtaining aright-of-way permit from the County prior to construction. 2. COMPLETION OF REQUIRED ROAD IMPROVEMENTS/OWNERSHIP. The Developer agrees to provide the County Attorney a construction schedule, in calendar days, which guarantees the completion of the Improvements for the above referenced development on aforestated County rights-of-way, as submitted by the Developer's engineer and approved by the County Engineer. As submitted, the Developer shall guarantee completion of the Improvements within 365 calendar days from the date of commencement of the Improvements by the Developer. Furthermore, the Developer agrees to commence the required improvements within thirty (30) days after the approval of this Agreement by the Board of County Commissioners according to the construction plans approved by the County Engineer. The Improvements are more particularly set forth on those certain plans drawn by the Developer's engineers, JEFF H. IRAVANI. P.E., dated September 19. 2007. Upon completion, the ownership of the Improvements shall be conveyed to the County by Bill of Sale free and clear of all liens and encumbrances. 3. SECURITY. The Developer agrees to provide the County with security in a form acceptable to the County Attorney in the amount of one hundred and eighteen thousand six hundred and eight dollars and seventy cents ($118.608.70), representing 115% of the estimated cost of the Improvements as submitted by the Developer's engineer and approved by the County Engineer. This amount includes the fifteen percent (15%) to be retained for a period of one (1) year and thirty (30) days from the date the improvements are conditionally accepted by the St. Lucie County Board of County Commissioners to provide for maintenance of the improvements and to indemnify and save the County harmless from any and all costs necessary to repair or replace any part or portion of the Improvements occasioned by faulty engineering, workmanship, or materials. 4. REDUCTION OF AMOUNT OF SECURITY. The amount of the security may be reduced once during the term of this Agreement upon the completion of a portion of the Improvements by the Developer and upon inspection and acceptance by the County. In no event, however, shall. the amount of the security be less than one hundred percent (100%) of the cost of g:\atty\lgroupfo\Road Improvement Agreement EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE A 3140730 12/05/2007 at 04:11 PM OR 900K 2912 PACE 523 - 525 n.,.. T...,e~ en_o completing the remaining Improvements plus fifteen percent (15%) of the total cost for construction of all the Improvements. 5. SUPERVISION OF CONSTRUCTION. The Improvements shall be constructed under the supervision of the Developer's engineer in full compliance with the specifications and requirements of St. Lucie County, and when complete, Developer's engineer shall furnish the County Engineer with a certificate of satisfactory completion for approval. b. EXTENSIONS OF TIME. The County may grant an extension of the time to perform the work, when a controlling item of Improvements is delayed by any factors contemplated or not contemplated nt the time of commencement of the Improvements. 7. FAILURE TO COMPLETE IMPROVEMENTS. It is further understood and agreed by and between the parties to this Agreement that, in the event Improvements are not constructed within 365 calendar days of commencement by the Developer or twelve (12) months from the date of this Agreement, whichever comes first, the County shall have and is hereby granted the right to cause the Improvements to be made and to use the security provided herewith for payment of all costs and expenses incurred in the construction thereof, including but not limited to, engineering, surveying, construction, legal and contingent costs. Furthermore, it is agreed by the parties hereto that County shall be reimbursed from the security provided for any damages, either direct or consequential, which the County may sustain ns n result of the failure of Developer to carry out and execute all of the provisions of this Agreement. In the event of Developer's failure or refusal to construct and install the Improvements in accordance with the terms of this Agreement, the County shall have the option to do so, with County employees and equipment, or pursuant to public advertisement and receipt of bids. In the event that the total costs incurred in construction and full completion of the improvements shall exceed the amount of security provided, such additional costs shall be paid by Developer on written demand by the County Engineer. 8. RELEASE OF SECURITY. Upon completion of construction of all Improvements, the Developer's engineer shall certify that the improvements have been constructed in accordance with the approved plans. When the improvements have been certified by the Developer's engineer, the County Engineer shall inspect the improvements and review the construction and supporting test/control data furnished by the Developer's engineer. If all Improvements are completed to the satisfaction of the County Engineer, the County Engineer shall confirm this in writing to the St. Lucie County Board of County Commissioners. The Developer's security, minus the fifteen percent (15%) to be held ns security for maintenance, shall then be released. 9. INTERPRETATION; VENUE. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. g~\atty\lgroupfo\Rond Improvement Agreement 2 IN WITNESS WHEREOF, the parties hereto have executed these presents,on the dates indicated below. The date of this Agreement shall be the date on which this:.Agreement is approved by the Board of County Commissioners. ~ ~ ' ATTEST: BOARD OF COUNTY COMh1~.5SIi;~.ERS - ST. LUCIE C V FL RAGA r BY: . AS TO FORM AND COUNTY A K I ~n ~, Ac~cw IS 1 Tic~i Lt,C_ BY: ~- Print Name: S-~~S z~Yi-?q.ISK , Title • L' Ft> g~\atty\lgroupfo\Road Improvement Agreement 3 '~ . Cou tv-r y F L O R I D A AGENDA REQUEST ITEM NO. VI-B.2 DATE: July 20, 2010 REGULAR [] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney Daniel 5. McIntyre County Attorney SUBJ CT: 2010 Economic Development Exemption Application -Silver-Line Plastics Corporation; Ordinance No. 10-027 BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board occept the report of the Property Appraiser and grant permission to advertise Ordirwr~ce No. 10-027 for n public hearing on August 17, 2010, nt 7:00 p.m. or as soon thereafter as the item may tae heard. COMMISSION ACTION: b,~. APPROVED [ ]DENIED [ ]OTHER: Approved 4.0 Comm Coward Absent County Attorney: Daniel 5. McIntyre Originating Dept. CONCURRENCE: ~~ Faye W. Outlaw, MPA County Administrator Review and Approvals Management 6 Budget Purchasing: Public Works Dir: County Eng.: Finance: (Check for copy only, if applicnbk) Eff. 5/96 ~.. INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel 5. McIntyre, County Attorney C.A. NO. 10-0837 DATE: June 28, 2010 SUBJECT: 2010 Economic Dcvclopmcnt Excmption Application - Silvcr-Lint Plastics Corporation BACK6ROVND: On October 6,1992, the Bonrd adopted Ordinance No. 92-24 establishing a program to exempt certain new and expanding businesses from ad valorem taxation as allowed by state Inw, a copy of which is attached. On November 5, 2002, the voters in St. Lucie County approved a referendum authorizing the Bonrd of County Commissioners of St. Lucie County to grunt a local economic nd valorem tax exemption. Also attached is Resolution No. 03-258 adopted on October 28, 2003 establishing n property tux exemption phase out schedule and a property tux exemption eligibility rate schedule for new or expanding businesses Attached is an application filed by Silver-Line Plastics Corporation. As required by state law, the application was forwarded to the St. Lucie County Property Appraiser for review. The comments and findings of the Property Appraiser are contained in the application. As the memorandum states, Silver-Line submitted the required information and met the statutory definition of n new business. The Property Appraiser's estimate of the taxable value lost to the County if the exemption is granted is $236,894.00. The estimate of revenue lost to the County if the exemption was granted during the current fiscal year is $16,597.00. The application reflects that fifteen (15) St. Lucie County residents will be employed by Silver-Line Plastics. Under the property tax eligibility chart, it appears that Silver-Line Plastics would receive a six (b) year exemption, phased ns follows: Yeor 1 Yenr 2 Year 3 Yenr 4 Year 5 Year 6 (more if applicable) - 100% - 90% - 80% - 60% - 40y° - 20% Also attached is a copy of draft Ordinance No. 10-027 which, if adopted, would grant Silver-Line Plastics an economic ad valorem tax exemption for n period of six (6) years. RECOMMENDATION/CONCLUSION Stuff recommends that the Board 1. Accept the report of the Property Appraiser. 2. Grant permission to advertise Ordinance No. 10-027 for a public hearing on August 17, 2010. su Daniel 5. County A DSM/caf Attachments ORDINANCE NO. 10-027 AN ORDINANCE RELATING TO ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR SILVER-LINE PLASTICS CORPORATION, 3206 ENTERPRISE ROAD, FORT PIERCE, FLORIDA, A NEW BUSINESS; PROVIDING THE AMOUNT OF REVENUE AVAILABLE FROM AD VALOREM TAX SOURCES FOR THE CURRENT FISCAL YEAR AND THE AMOUNT OF ESTIMATED REVENUE FROM THE CURRENT FISCAL YEAR WHICH WOULD BE LOST BECAUSE OF THE EXEMPTION GRANTED TO SILVER-LINE PLASTICS CORPORATION; PROVIDING AN EXPIRATION DATE OF THE EXEMPTION FROM THE DATE OF BOARD ADOPTION OF THIS ORDINANCE: PROVIDING A FINDING THAT SILVER-LINE PLASTICS CORPORATION MEETS THE DEFINITION OF ANEW BUSINESS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA ARTICLE I This Ordinance shall be known as County Ordinance No.10-027 "Economic Development Ad Valorem Tax Exemption -Silver-Line Plastics Corporation." ARTICLE II Procedure After consideration of the report of the Property Appraiser and in accordance with the procedure set forth in County Ordinance 92-24, "Economic Development Ad Valorem Tax Exemption Regulations of St. Lucie County, Florida", the Board grants and establishes an exemption from ad valorem taxation of the assessed value of equipment and building improvements for Silver-Line Plastics Corporation, 3206 Enterprise Rond, Fort Pierce, Florida, in accordance with the following exemption phase out schedule: Year 1(Fiscal Year 2010-11) - 100%* Year 2 - 90%* Year 3 - 80%* Year 4 - 60%* Year 5 - 40%* Year 6 - 20°1 * personal/tangible property only -excludes building/real property ARTICLE III Ad Valorem Tax Revenues Total revenues are available to the County for the current fiscal year from ad valorem tax sources is X124.284.078. A0 Revenues lost to the County for the current fiscal year by od valorem tax exemptions under this section currently in effect are X236.894.00. Revenues to be lost by granting of this exemption for the current fiscal year are estimated to be ~16.597.Ob ARTICLE IV Expiration Date The Economic development Ad Valorem Tax Exemption granted to Silver-Line Plastics Corporation, n new business, shall be for six (6) years from the date of Board adoption of this Ordinance. ARTICLE V indi The Board of County Commissioners of St. Lucie County, Florida, finds that Silver-Line Plastics Corporation is n new business as defined by St. Lucie County Ordinance No. 92-24 and Section 196.012(15), Florida Statutes. The Board reserves the right to repent the exemption if Silver-Line Plastics Corporation no longer satisfies the criteria set out above. ARTICLE VI Severability If any section, subsection, paragraph, sentence, clause, phrase, or portion of this Ordinance is for any reason found void, invalid, unlawful, or unconstitutional by any court of competent jurisdiction, such portion shall be deemed n separate, distinct, independent, and severable provision and such holding shall not affect the validity of the remaining portions of this Ordinance. ARTICLE VII Effective Dnte This Ordinance shall take effect upon receipt of notice of filing from the Secretary of State. ARTICLE VIII AdoRtion After motion and second, the vote on this Ordinance was as follows: Chairman Charles Grande XXX Vice Chairman Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzndovsky XXX Commissioner Paula Lewis XXX PASSED AND DULY ADOPTED this day of August, 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Deputy Clerk BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney `, ORDINANCE NO. 92-24 Ali ORDINANCE AlOSNDING CHAPTER 1-19.3 (TAZATION) OF THE CODE OF ORDINANCES OF ST. LUCIE CORNTY, FLORIDA, BY CREATING ARTICLE V (ECONO~[ZC o 0 0 DEVELOPI~NT AD VALOREM TAZ EZEltPTIONS) REIJITING TO a. x ~ ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC a ~ x DEVELOPMENT IN THE COLiI1TY; ESTABLISHING AN p EZ6MPTION FROM CERTAIN AD VALOREM TAZATION FOR ~'J CERTAIN NEM AND EZPANDING BUSINESS PROPERTIES; o PROVIDING DEFINITIONS AND REQUIRII~NTS; PROVIDING i ., PROCEDURES FOR APPLICATION FOR EZSMPTION; w N n dPECIFYING DUTIES OF TSE PROPERTY APPRAISER IN ~ N m COVINECTION KITH SUCH PROPERTY; PROVIDING FOR w N ~ ~ CONFLICTING PROVISIONS; SEVERABILZTY AND ' ' ~ lOrNT OF STATS; Z APPLICABILITY; FILING I~TITH THE DEPAR o EFFECTIVE DATE; ADOPTION; AND CODIFICATION ~°clp ~' ~~~ ~ ~~c~ Lucie 1fHEREAS, the Board of County Commissioners of St. y n r• 3 n County, Florida, has made the following determinations: o ~ 70 r• 1. Section 196.1995, Florida Statutes, provides the Board of ~ ~* on County Commissioners may hold a referendum granting Bconomic x~ Development Ad Valorem Tax Exemptions under Section 3, Article VII rr 0 ~ ~~ of the State Constitution. Nrt 2. This Board believes that amending Chapter 1-19.3 W ~ n (Taxation) of the Code of Ordinances of St. Lucie County, Florida, ,~ q by creating Economic Development Ad Valorem Tax Exemptions for a ~ o C new or expanding business is in the best interest of the health, N safety and public welfare of the citizens of St. Lucie County, ~ 0 Florida. 0 MOH, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: passages are deleted. Underlined passages are added. 1 F71RT A. A~ADlt$1iT OF CH7IPTER 1-19.3 (TAZATIOI~) OF TSE CODE OF ORDISA1iCE8 OF ST. LUCIE COUIR'PY, FLORIDA. Chapter 1-19.3 (Taxation) of the Code of Ordinances of St. Lucie County, Florida, is hereby amended by creating Article V (Economic Development Ad Valorem Tax Exemptions} to read as follows: Chapter 1-19.3 T~-zATlox ARTICLE V. ECO1~0![IC DEVLLOPl~IT AD VALORRI[ TAZ EZEl~TIOpS Sectioa 1-19.3-51. Short Title. This Ordinance shall be known as County Ordinance No. 92-24, "Economic Development Ad Valorem Tax Exemption Recp}lations of St. Lucie County. Florida." ion 1-19.3-52. Eaactaeat gad Authority. Pursuant to Section 3, Article VII of the State Constitution and in accordance with Chapters 125 163 192, 196 and 214. Florida Statutes and Florida Department of Revenue Rules. Chapter 12D-7, Florida Administrative Code incorporated municipalities and counties individually or in combination are authorized and empowered to adopt, amend or revise and enforce an ordinance relating to economic development ad valorem tax exemptions, after the electors of such municipality or county, voting on the question in a referendum, authorize the adoption of such ordinance.. O g x 0 N W b G1 N 0 N passages are deleted. Underlined passages are added. 2 ~ectioa 1-29.3-53. Jurisdiction. The area subiect to this Ordinance shall be incorporated and unincorporated St. Lucie County. Section 1-19.3-54. Purpose aad latent. The public health safety, comfort. economy, order. convenience and general welfare require the harmonious, orderly and progressive development of new business and expansion of existing business within Florida and its incorporated municipalities and counties. In furtherance of this general purpose counties by Chapters 125, 163. 192. 196 and 214. Florida Statutes and Florida Department of Revenue Rules, Chanter 12D-7. Florida Administrative Sods are authorized and empowered to adopt. amend or revise and enforce measures relating to economic development ad valorem tax exemptions for new business and expansion of existing business. Zt is the intent~of this Ordinance to secure or to ensure: 1. 2. 3. passages are deleted. Underlined passages are added. 3 0 ao 0 x 0 N W ro N 0 N Commissioners. of all added improvements to real property which additions are made to facilitate the expansion of an 4. Any exemption shall be up to a full ten (101 year period from the time the exemption ie granted. 5. No exemption shall be Granted on the land which new or expanded businesses are to be located. 6. No exemption shall be Granted on school or water the State Constitution. Sectioa 1-19.3-55. Definition of Tersts. The followinc~_words, phrases and terms shall have the same meanings attributed to them in current Florida Statutes and the Florida Administrative Code, except where the context clearly indicates otherwise: 1. Applicant - An v person or corporation submitting an Econo 'c Develop ment Ad Valorem Tax Exemption application to the Board. ~ Board - The St. Lucie County Board of Com missioners. 3. Business - Any activity engaged in by any person corporation or company with the obZect of private or public gain, benefit. or advantage, either direct or indirect. 3.1 New Busine ss - a. A business establishing 10 or more jobs to emplo y 10 or more full-time emp loyees in this County , which manufactures , processes, 0 m 0 0 x N W ~o N 0t 0 W passages are deleted. Underlined passages are added. 4 comaounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant: ~ A business establishing 25 or more fobs to emvloy 25 or more full-time employees in this County, the sales factor of which, as defined s. 220.15(51, Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed. No business engaged in retail aerations as defined herein shall be eligible for an exemption pursuant to this subsection b• or ~ An office space in this state owned and used by a corporation newly domiciled in this County; provided such office space houses 50 or more full-time employees of such corporation; Qrovided that such business or office -first begins operation on a site clearly separate from any other commercial oz industrial operation owned by the same business. 0 ;o 0 0 x 0 N W b c~ N Ot 0 passages are deleted. Underlined passages are added. - 5 d. Anv business located in an area desig~a enterprise zone that first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. ~pansion of Existing Business a. A business establishing 10 or more lobs to en~lov 10 or more full-tine employees in this County, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or man}:facturinq plant: or b. Any business establishing 25 or more lobs to lov 25 or_more full-time employees in this County, the sales factor of which. as defined by s.220.15(51, Florida Statutes. for the #acility with respect to which it requests an economic development ad valorem tax exemption is Iess than 0.50 for each year the exemption is claimed provided that such business increases operations on a site colocated with a commercial or industrial operation owned by the same business, resulting in a net increase in employment of not less than 10 percent or 0 z on x N W b ~n N 0 passages are deleted. Underlined passages are added. 6 an increase in productive output of not less than 10 percent. No business en aaged in retail operations as defined herein shall be 0 eligible for an exemption pursuant to this ~ 00 subsection b. o x c. An_~business located in an enterprise zone that 0 increases operations on a site coloc ated with ~ N a commercial or indust*-~al operation owned by W the same business. b .3 Business enaaged in retail operations - a business c~ ~ enaaged in a sale to a consumer or to anv person of N an item of tangible personal property for anv 0- ~ purposes other than for resale Q1 4. Department - The Florida Department of Revenue 5. Improvements - Physical changes made to raw land and structures alaced on or under the land surface All personal property acquired to facilitate an ansion of an existing business provided that the personal property ie added or increased on or after the day the ordinance is adopted However personal property acquired to replace existing property shall not be considered to acilitate a businesses expansion. 6. Sales Factor - A fraction the numerator of which 's the total sales of the taxpayer in this state during the H~-ee~F~ passages are deleted. Underlined passages are added. .. taxable year or period and the denominator of which is the total sales of the taxpayer everywhere during the taxable year or period (See Section 220.15(51, Florida Statutes for specifics of computation). Section 1-19.3-56. aeaeral. The Economic Development Ad Valorem Tax Exemption is a local option tax incentive for new or expanding business which may be granted or refused at the sole discretion of the Board. To appl.y for such an exemption a business locating or expanding in the corporated or unincorporated area of St Lucie County must file an lpplication (Florida Department of Revenue Form DR-418._- See Attachment 11 with the Board. Satisfactory proof that the business meets the criteria for exemption as a new business or expansion of an existing business as defined by this Ordinance must accompany the Application. The Application shall be filed on or before 1 March of the year in which an exemption is requested. Exemption from County tax may only be granted by the Board. The exemption granted under this Ordinance shall not accrue to improvements to real property made by or for the use of new or expanding businesses when such improvements have been included. on the tax rolls grior to the referendum authorizing this Ordinance. Sectioa 1-19.3-57. Procedure. Before the Board acts on an application. it must be submitted to the Property Appraiser for review. After careful consideration o~ 0 0 x 0 N W b c~ hn N 0- 0 J passages are deleted. Underlined passages are added. •the Property Appraiser shalt report to the Board concerning the fiscal imLact of arantina exemptions. The PrQpertv Appraiser's Report shall include the following: 0 1. The total revenue available to the County for the current z fiscal year_from ad valorem tax sources. ~ -- o 0 2. The amount of revenue foregone by the County for the ~ 3. 4. After consideration of the reDOrt of the Property Appraiser, the Board may choose to adopt an Ordinance arantina the tax exemption to a new or expanding business. The Ordinance shall be adopted in the same manner as any other ordinance of the County The Ordinance shall include the following information; 1. The name and address of the new or expanding business. 2. business. 3. 4. A finding that the business meets the definition of _e new business or an expansion of an existinq business. passages are deleted. Underlined passages are added. 9 0 m N W ro c~ N 0- 0 5:s The Board's authority to revoke an exemption if the business no longer satisfies the criteria for the exemption. Section 1-19.3-58. bees. Fees charged to offset the cost of ,processing the Economic Development Ad Valorem Tax Exemption Application or any Exemption Ordinance shall be adopted by the Board by resolution„ Section 1-19.3-59. Eligible Business or Iadustrv Any business or industry as defined in Section 1-19 3-55 Paragraph 3.1 and 3.2 that does not qualify as an ineligible business or industry as defined in Section 1-19 3-60 When considering the issue of whether or not a business or industry is an eligible business as defined herein, the Board shall consider the anticipated number of employees average wage type of inndustrv or business environmental ia4Pacts, volume of business or production or any other information ~relatina to the issue of whether_ the proposed development would significantly improve economic development in St Lucie County prior to accepting the Economic Development Ad Valorem Tax Exemption Application The criteria for determining the length of an exemption and the ~rcentaae amount of an exemption may be formulated by the Board by resolution. The criteria shall provide foz incentives for businesses that employ St Lucie County residents who establish permanent domicile pursuant to Florida Statutes 0 w O 0 x 0 N W b c~ ~n N 0 ~D passages are deleted. Underlined passages are added. 10 •~ction 1-19.3-60. Ineligible Husiaess or Iadustr~. Any business or industry in violation of any federal, state. or_local law or regulation Governing environmental matters such as air. water, and noise pollution. Section 1-19.3-61. Apaeals. The decision of the Board not to grant an Economic Develolnaent Ad Valorem Tax Exemption to a particular business or industry is sub-iect only to iudicial review pursuant to the Florida Rules of Appellate Procedure. Sectioa 1-19.3-62 - 1-19.3-70. Reserved. PART H. CONFLICTING PROVISIOIIS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, 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. PART C. SEVERABILITY AND APPLIC7IBILITY. 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. 0 at 0 0 x N W ~v c~ N 0~ N 0 passages are deleted. Underlined passages are added. 11 , PART D. FILINQ 1~ITH TSE DEPARTI~NT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, 0 Department of State, The Capitol, Tallahassee, Florida, 32304. ~ 00 PART E. EFFECTIVE DATE. ~ 0 This Ordinance shall take effect only upon approval by the voters O on November 3, 1992 of the ballot question authorized by the Board a} in Resolution No. 92-175. N W PART F. ADOPTION. b After motion and second, the vote on this ordinance was as ~ c~ e~ follows: N Chairman Jim Minix AyE ~ Vice Chairman Jack Krieger AYE ~ N Commissioner Judy Culpepper AYE Commissioner Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE PART Q. 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 to G ahall not be codified. E~-"-'" " -~~~~ passages are deleted. Underlined passages are added. 12 ~. . , .~ _ PASSED AAD DULY ADOPTED THIS 6th day of October, 1992. ATTEST: eoARD or coUnTZ co~oassi ; sT. LUCZa cooaTS, rLORiA~t _` • ~- i D . ~ , ~ , y CHAI R1LAH :. f~ ~ ~ , ~ . .; . APPR AS TO POR1[ `? ~ ~ -, ~ ", 0 oy O x r, .~~ W 'U b G7 R7 N 0~ N N St~ee~e 1~~~ passages are deleted. Underlined paesages are added. 13 Ow~~i. 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FlDnda Stat Ieeernr Mn.nep •E•ILtQN TO li[ FIL[D NOT L.1TER TIIAN MARCH 1 ' ~TT~CHMENT 1 OR BOOK 0 8 2 3 PAGE 2 6 1 4 GENERAL INFOR~1AT10\ Under the cnnsitudonal amendment passed by the voters of Florida on October 7, 1980. tax exemptions tin he granted to nrw ant) expanding businesses only after thr voters of a city andlor county vote in a referendum to allow exempuorts Idr that aty or county. Section 196.1995, Florida Statutes, rcquim that a referendum be held if: (1) Thc Board of County Colnm~ssioners or governing authority of a municipality (city or county commission) votes to hoic such a referendum. or (_) If the county or ctry commission receives a petition signed by ten percent of the rcgistere. voters of the county or city. This referendum question can then be placed before the voters of a city or county at any rcEular election or special election tailed for voting on the tax incentive referendum or for any other purpose. If the voters authorize exemptions, a company must first meet the definitions of a new or expanding business New Busjness te) A manufacturer which establishes ten or more full-time lobs. (b) A business with more titan 50iY of its sales outside the State of Florida which establishes .5 or more jobs. (c) Office space of a new Florida corporation housing 50 or more full-time employees of the corpc•• ration. (The above are applicable if the business is on a site clearly separate from any. other facility owned by t:lt same company.) (d) Any business located in a slum or bli~tted area as defined b.• Section 163.35. Florida Statutes. Exoansion of a13 Existin ~u~ rtt tat A manufacturer [not sods a minimum of ten new employees and increases employment by 10^Y o- increases productive output t+y a minimum of l Ok. (b) A business with more than SO~k of its sales outside the State that adds a minimum of '`5 new er..- ~loytes and increases employment by 10r/r or increases productive output by a minimum of 10~. The expansion must be on the same or a colocated si[e of the business' current operations. Jr a bl[siness meets one of the above definitions as a new or expanding business. it must then file this applica- tlion with the county or city commission or both. After the city or county commission receives this application. it mlut submit the application to the county t~emptionpthre county o>" try comtmi:ssion shall hen adoptran ordinance inothrausualtmanner-grant rig the e~xemptiore if it chooses to do so. must payb axes [heat were veotedeby thepvotets of a c ryoor county toapaynfo~ bo-id nssuestand o heir speaal ta>~'e ~r~s authorized by the voters of a c(ry or county. The exemption can only be for the improvements to the real property and for tart~ble personal property. The LTnd on which the new or expanding business is to be located will stall br taxed an(~ r-• •s must br paid on it_ T1u action taken by a city or county commission can only exempt the taxes pa)d to that Governmental body. A aty can only exempt i[s taxes; a county can only exempt its taxes. All other taxes must be paid. This exemption shall first apply to the 1981 assessment rolls. STAMORY DEFINITIONS awtlsn t{2.ia0(7I. FISnN fufyta, ''Slum OrN r- rMOM In HN 1n wnrcn iMrt M a Orf• OOmlMnef O/ Oullmntf Or IrnprOwrnentf, w110IM1 ItfIMllthl or nOMglwnthl, wMCn Oy rOafOn OI OIN010tUOn, N1fn OrallOn, ate Or Na010fOMrlcf InOWOWtt OIONfIOn 101 wntlN• IeM, 11{nt, air, fan1I0I1On, q OOM {paeq, Mqn Or1f11Y OI pOOYhlIOn an0 OwrirpwOlnq, Inf ft- bTSnce OI WnOlU P11 wn4n tnpfn0sr Ina or pro- wrv D~ vrt o• ewer awe:, r• tn, co•nor^ ifrnn n' {YCn laci011 ri CnnOYtrw ID rl~ nNn• Iranfmwf•On OI OIlNee, colon: mOrN 11: I, luwnnf rnnewncy, er enmf mp M eti rtlMnul Ie tM O11D11[ MNtn. 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Out wnT00N rt- fOltnce l0 wMt Mr anY [Yen COfOOIf Iron rf an •'10DIY00DN Cp OOratrpn•' YMtr f. 3300 (p) Ot :M IMamal gtYenut Cpefl Iron 'not Mr mfm Of• nl {YCn rOUO tMll N noel Y000 On1Y 10 IM la:Vn~ f YCn 1m0unl faOatO faplnfH OI IM rttlplnl pufcllY nth 100 IMr010. O O 9 Z 39rid E Z 8 O xOOa »o ~wrw~~~~rnw~i c RESOLUTION NO. 03-258 A RESOLUTION ESTABLISHING APPLICATION PROCEDURES ANO A REVISED PROPERTY TAX EXEMPTION ELIGI6ILITY CHART AND PHASE OVT SCHEDULE FOR NEW OR EXPANDING BUSINESSES APPLYING FOR AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On November 5, 2002, the voters in St. Lucie County approved a referendum authorizing the board of County Commissioners to grant a lacol option economic ad valorem tax cxemption. 2. On October 6,1992, this Board adopted Ordinance No. 92-24, which amended Chapter 1-19.3 (TAXATION) of the Code of Ordinances of St. Lucie County, Florida, by creating Article V -Economic Development Ad Valorem Tax Exemption. Section 1-19.3-59 (Eligibility Business or Industry) of Ordinance No. 92-24 provides for the formulation of criteria for determining the length of an exemption and the percentage amount of an exemption pursuant to resolution of this Board. 3. On September 3, 2002, the Board adopted Resolution No. 02-196 establishing a property tax exemption eligibility chart and phone out schedule for new or expanding businesses. 1 4. The Board desires to adopt new application procedures and a revised eligibility chart and phase out schedule for the County's Economic Development Ad Valorem Tax Exemption Program. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board hereby adopts the application procedures and revised Property Tax Exemptions Phase Out Schedule and Property Tax Eligibility Chart, attached hereto and referred to collectively as Exhibit "A", for purposes of establishing eligibility of a tax exemption for new or expanding businesses. 2. The Board shall have the discretion to modify the eligibility requirements hosed on other significant factors including, but not limited to, the following: a) The increase in local employment attributable to the new or expanding business; b) The unemployment and underemployment of the available local labor force and the types and wages of jobs created therein; c) The amount of capital investment purchased by the new or expanding business; d) The ability of the County to otherwise meet its total fiscal needs should the requested exemption be granted; 2 a e) The cost of arty increased local government services, including but not limited to roads, water, sewer, gas and law enforcement, and other direct expenditures associated with that specific business. 3. The Board reserves the right to require a company receiving an ad valorem tax exemption from the County to refund the exemption amount with interest in the event the company closes the facility that was the subject of the exemption within fifteen (15) years after the Board grants the exemption. 4. Resolution No. 02-196 is rescinded upon adoption of this resolution. 5. This Resolution shall take effect upon adoption. After motion and second, the vote on this resolution was as follows: Chairman Cliff Barnes AYE Vice Chairman Paula Lewis AYE Commissioner Doug Coward NAY Commissioner John Bruhn ABSENT Commissioner Frannie Hutchinson AYE PASSED ANO DULY ADOPTED this 26th day of October, 2003. BOARD OF COUNTY COMM] A''~f6T: ST. LUCIE COUNTY, F~,pRi .• B _.~ Clerk ~ Chni n 3 APPROVED q5 TO FORM AND BY: 4 Ad Valorem Tax Exemption Program St. Lucie County The St. Lucie Board of County Commissioners (BOCC) is pleased to provide the application and instructions for the Economic Development Ad Valorem Tax Exemption Program, which is designed to assist economic development through exempting certain property taxes. First, to help determinerf you qualify under this incentive program, you should read Section IV, "Do You Qualify for a Tax Exemption". If you have any questions about this program, including eligibility, or regarding the application process, please contact Victoria Stalls, Economic Development Analyst, at (772) 462-2536. Table of Contents I. Program Intent II. Enactment Authority III. Definition of Terms IV. Qualification for Tax Exemption - "Do You pualify for a Tax Exemption" V. Application for Exemption VI. Exemption Application Process VII. Contact Source for Assistance Attachments A. State Application, County Supplemental Application, Annual Report Forms B. Economic Development Ad Valorem Tax Exemption Ordinances: Ordinance #92-24 C. Section 196.195 F.S. and Section 196.012 Subsections (15) and (16) F.S. D. St. Lucie County Tax Exemption Guidelines I. Prooram Intent The St. Lucie Board of County Commission, in Florida believes that local government should support economic growth by providing an incentive for County employment opportunities that will lead to the improvement in the quality of life for County residents, positive expansion of the economy in terms of new jobs and improvements to real and personal property, and creating jobs in such a way so as not to disadvantage existing businesses while recognizing that productive competition fosters economic growth. The Economic Development Ad Valorem Tax Exemption is a local option tax incentive for new or expanding businesses, which may be granted at the sole discretion of the Board of County Commissioners. Incentives could be provided to businesses of diverse industries that would have a positive impact on the County's economy. Any exemption granted may apply up to one hundred percent (100%~ of the assessed value per Section 9 and Section 12 of Article Vll, of the Florida State Constitution, of all improvements to real property made by or for the use of a new business and of all tangible personal property of such new business, or up to one hundred (100%) of the assessed value of all added improvements to real property made to facilitate the expansion of an existing business and of the net increase in all tangible personal property acquired to facilitate such expansion of an existing business, provided that the improvements to real property are made or the tangible personal property is added or increased after the date of the preliminary application or one year prior to the filing of the final application. Property acquired to replace existing property may not be considered to facilitate a business expansion. The exemptions may not apply to improvements to real property made by or for the use of new or expanding businesses when such improvements have been included on the tax rolls prior to the preliminary application or one year prior to the filing of the final application. The ability to receive an exemption for the period granted is conditioned upon the applicant's ability to maintain the new business or the expansion of an existing business as defined in Section III.E. and H. throughout the entire exemption period. The applicant will be required to submit a report on an annual basis to the County evidencing satisfaction of this condition. The annual report shall be submitted on the attached form. In addition, any business granted an exemption will furnish to the County or its designee such information as the County or its designee may reasonably require for the purpose of determining continued performance by the business of the conditions stated in the exemption ordinance and the representations made in the application. 2 Enactment Authors Article VII, Section 3 of the Constitution of the State of Florida and Section 196.1995 Florida Statutes, empower the County to grant Economic Development Ad Valorem Tax Exemptions after the electors of the County, voting on the question in a referendum, authorize such exemptions. In a referendum held on this issue on November 5, 2002, the voters of St. Lucie County authorized the County to grant Economic Development Ad Valorem Tax Exemptions. This exemption program is applicable in all areas of St. Lucie County where the County is the taxing authority. The exemption applies only to taxes levied by St. Lucie County, where the County is the taxing authority. The exemption does not apply to taxes levied by the school district or water management district, fire district or to takes levied by the voters for the payment of bonds or other special taxes authorized by a vote of the electors pursuant to Section 9 and Section 12. Article VII, of the Florida State Constitution. The Ordinance (Ordinance No. 92-24) that implements the tax abatement program is entitled "Economic Development Ad Valorem Tax Exemption Ordinance of St. Lucie County, Florida". Resolution No. 03-258 provides additional guidelines for implementation of the Ad Valorem Tax Exemption Program. III. Definition of Terms The following words, phrases, and terms shall have the same meanings attributed to them in current Florida Statutes and the Florida Administrative Code, except where the context clearly indicates otherwise: A. Applicant -Any person, firm, partnership, or corporation that files an application with the St. Lucie Board of County Commissioners seeking an economic development ad valorem tax exemption. B. Business -Any activity engaged in by any person, firm, partnership, corporation, or other Business organization or entity, with the object of private or public gain, benefit, or advantage, either direct or indirect. C. Coun - St. Lucie County. D. Department -The Florida Department of Revenue. E. Expansion of an Existino Business• As defined in Section 19fi.012(16), Florida Statutes, an Expansion of an Existing Business means: (a) A business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this State, which manufactures, processes, compounds, fabricates, or produces for safe items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; (b) Any business establishing twenty-five (25) or more jobs to employ twenty-five (25) or more full-time employees in this State, whose Sales Factor, as defined by Section 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; or (c) Any business located in an Enterprise Zone that increases operations on a site collocated with a commercial or industrial operation owned by the same business. 2. Any expansion of an existing business must increase operations on a site collocated with a commercial or industrial operation owned by the same business, resulting in a net increase in employment of not less than ten percent (10%) or an increase in productive output of not less than ten percent (10%). The ten percent (10%) requirement does not apply to Enterprise Zones. F. Extraordina as determined by St Lucie Board of County Commissioners. G. Improvements -Physical changes made to raw land, and structures placed on or under the land surface. H. New Business - As defined in Section 196.012(15), Florida Statutes, a new business means: A Business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this State, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or 2. Any business establishing twenty-five (25) or more jobs to employ twenty-five (25) or more full-time employees in this State, whose Sales Factor, as defined by Section 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; or 3. An office space in this State owned and used by a corporation newly domiciled in this State; provided such office space houses fifty (50) or more full-time employees of such corporation; or 4. A business located in an Enterprise Zone (pursuant to Section 290.0065, Florida Statutes). 5. Any new business must first begin operation on a site clearly separate from any other commercial or industrial operation owned by the same Business. Prooertv within a Community Redevelooment Area (CRA) -Any property located within a CRA created pursuant to Section 163.330, et.seg. Florida Statutes where a portion of the County tax revenue will go directly to the CRA. J. Real Prooertv -Shall be defined in Section 192.001, Florida Statutes. K. Sales Factor - As defined in Section 220.15.(5), Florida Statutes, the sales factor is a fraction, the numerator of which is the total sales of the taxpayer in this State during the taxable year or period and the denominator of which is the total sales of the taxpayer everywhere during the taxable year or period. L. State -State of Florida. M. Tangible Personal Prooertv -Shall be as defined in Section 192.001, Florida Statutes. 6 IV. pualiflcation for Tax Exemption "Do You pualify for a Tax Exempion" Before completing an application, please read the following eligibility requirements that determine whether you qualify for a tax exemption under the "Economic Development Ad Valorem Tax Exemption ordinance of St. Lucie County, Florida" (Ordinance No. 92- 24), A. Ad valorem tax exemptions apply to new businesses locating to St. Lucie County and to expansion of businesses already situated in St. Lucie County. B. New or expanding businesses must make a positive contribution to the economy of St. Lucie County in terms of new jobs and improvements to real and personal property. C. Incentives are applicable to businesses of diverse industries with the exception of retail operations. D. Any and all exemptions granted must result in an economic benefit to the County, i.e., exemptions would support St. Lucie County and its existing businesses. E. The applicant must be a person, firm, partnership, or other Business organization or entity, with the object of private or public gain, benefit, or advantage, either direct or indirect. F. New Business 1. As defined in Section 196.012.(15), Florida Statutes, a new Business must meet the following criteria: (a) A business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this State, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or (b) Any business establishing twenty-five (25) or more jobs to employ twenty-five (25) or more full-time employees in this State, whose Sales Factor, as defined by Section 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; or 7 (c) An office space in this State owned and used by a corporation newly domiciled in this State; provided such office space houses fifty (50) or more full-time employees of such corporation; or (d) A Business located in an Enterprise Zone (pursuant to Section 290.0065, Florida Statutes). (e) Any new business must first begin operation on a site clearly separate from any other commercial or industrial operation owned by the same business. G. Expansion of an Existing Business As defined in Section 196.012(16) Florida Statutes, an Expansion of an Existing Business must meet the following criteria: (a) A business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this State, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or (b) Any business establishing twenty-five (25) or more jobs to employ twenty-five (25) or more full-time employees in this State, whose Sales Factor, as defined by Section 220,15(5) Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; or (c) Any business located in an enterprise zone that increases operations on a site collocated within commercial or industrial operation owned by the same business. 2. Any expansion of an existing business must increase operations on a site collocated with a commercial or industrial operation owned by the same business, resulting in a net increase in employment of not less than ten percent (10%) or an increase in productive output of not less than ten percent (10%). The ten percent (10°~°) requirement does not apply to Enterprises Zones. H. The exemptions shall not accrue to improvements to real property made by or for the use of new or expanding businesses when such improvements have been included on the tax rolls prior to the preliminary application or one year prior to the filing of the final application. I. Property acquired to replace existing property shall not be considered to facilitate a business expansion. J. No exemption shall be granted for the land upon which new or expanding businesses are to be located. K. The ability to receive an exemption for the period granted is conditioned upon the applicants ability to maintain the new business or the expansion of an existing business throughout the entire period. L. Any existing business in violation of any federal, State, or local law or regulation governing environmental matters is not eligible for an exemption. 9 V. A~olication for Exemption A. Any eligible person, firm, partnership, or corporation, which desires an exemption, must file with the County's Economic Development Division, an application prescribed by the State Department (Form DR-418, and County Supplemental application. B. The application requests that the County adopt an ordinance granting the applicant the exemption and includes, at a minimum, the following: 1. The name and location of the new business or the expansion of an existing business; 2. A description of the improvements to the real property for which an exemption is requested and the date of commencement of construction of such improvement and estimated completion date; 3. A description of the tangible personal property for which an exemption is requested and the dates when such property was or is to be purchased. 4. Proof, to the satisfaction of the County, that the applicant meets the criteria for a new business or for an expansion of an existing business as defined in Section III; 5. The following information: (a) anticipated total number of employees and new employees; (b) expected number of employees who will reside in St. Lucie County; (c) average wage of employees (excluding the top executive's salary); (d) type of industry or business; (e) environmental impact of business; (f) anticipated volume of business or production; (g) whether relocation or expansion would occur without the exemption; (h) cost and demand for services; !0 (i) source and supplies (focal or otherwise); (j) whether business will be/is located in a community redevelopment area; 6. Other information deemed necessary by St. Lucie County. C. If a new Business or an Expansion of an Existing Business is locating in a Community Redevelopment Area, the Community Redevelopment Board shall be provided with a copy of the application for review and comment. Input from the Community Redevelopment Board will be considered in deciding whether an application is to be granted. Should the Community Redevelopment Board object to the granting of Tax Exemption, the agency may submit an objection in writing to the BOCC for its consideration. 11 VI. Exemption Application Process The "fully completed" Economic Development Ad Valorem Tax Exemption final application must be filed with the St. Lucie County, Economic Development Division, by a representative of the company. The threshold for eligibility is whether the Business meets the definition of a new business or of an expansion of an existing business as defined in Section III, and one which is not an ineligible Business or industry. The County will take action on the final application, including the enactment of the required ordinance should the County decide to grant the exemption, within ninety (90) days from the date that a fully completed final application is accepted. During this 90- day period, interested agencies and parties will have an opportunity to review and comment on the application. To impact the November tax bill, the final application must be submitted by March 1 a' of the same year. The following steps provide the applicant a reasonable understanding of St. Lucie County Economic Development Ad Valorem Tax Exemption process and requirements. Step 1 • Preliminary Application Submlttai: It is recommended that anyone contemplating whether to file an exemption application must first contact the County's Economic Development Division, and request a meeting to assess the feasibility of filing an exemption application and acquire assistance in completing the preliminary application. Stea 2• Submission of Preliminary Application to the County: On behalf of the applicant, the representative of the company will submit one original of the State application, the County supplemental application, aone-page narrative describing the business, and appropriate attachments. The applicant will also submit a map identifying the location and configuration of the subject property with legal description. Step 3• Preliminary Eliaibllity and County Commission Resolution: The County Economic Development Office will accept and review the application for preliminary eligibility. The Economic Development Division will review and notify the applicant of eligibility and/or any application deficiencies within thirty (30) days of submission. Step 4• Preparation of the Final Application: Upon receipt of the final application, the County's Economic Development Division will: (1) determine eligibility; (2) request the Property Appraiser to conduct its analysis; (3) conduct an economic impact analysis; and (4) advertise for a public hearing to consider adopting an exemption ordinance on behalf of the business. EDD: Within a 90-day period, copies of the application are to be reviewed by the St. Lucie County Property Appraiser's Office and St. Lucie County staff. Any legal issue will be referred to the County Attorney's Office for review and comment. The Property Appraiser will review the application and provide in writing the fiscal 12 impact of granting the exemption, sign the State application, and forward to St. Lucie County Economic Development Division's Office. As required by Florida Statute the Property Appraiser's report will include the following: 1. The total revenue available to the County for the current fiscal year from ad valorem tax sources or an estimate of such revenue 'rf the actual total available revenue cannot be determined; 2. The amount of revenue lost to the County for the current fiscal year by virtue of exemptions previously granted, or an estimate of such revenue if the actual revenue lost cannot be determined. 3. An estimate of the amount of revenue which would be lost to the County for the current fiscal year if the exemption applied for was granted had the property for which the exemption is requested otherwise been subject to taxation; and 4. A determination as to whether the property for which an exemption requested is to be incorporated into the new business or the expansion of an existing business, or into neither, which determination the Property Appraiser shall also affix to the face of the application. Upon request, the Department will provide the Property Appraiser such information as it may have available to assist in making this determination. St. Lucie County staff will review a copy of the application. The EDD staff will conduct an economic impact analysis and forward its comments to the County Administrator. Step 6• Preparation of the Exemption Ordinance: The Economic Development Division will forward to the County Attorney's Office for preparation of the Ordinance and for scheduling the exemption application and ordinance, including the report from the Property Appraiser, the economic impact analysis from the Economic Development Division, and the County staff recommendation to be considered by the St. Lucie County Board of Commissioners. After consideration of the application and the report of the Property Appraiser on the application, the County may choose to adopt an ordinance granting the exemption to a new or expanding business. If granted, the ordinance shall include the following information: 1. The name and address of the new business or expansion of an existing business; 2. The total amount of revenue available to the County from ad valorem tax sources for the current fiscal year, the total amount of the revenue lost to the County for the current fiscal year by virtue of 13 exemptions currently in effect, and the estimated amount of revenue attributable to the exemption granted to the new or expanding business. 3. The expiration date of the exemption, which is no more than ten (10) years or less (depending on the duration of the exemption granted) from the date the County enacts the ordinance granting the exemption; and 4. A finding that the business meets the definition of a new business or of an expansion of an existing business as set forth in Section III. Step 7• The Guidelines for Determining the Percentage of Exemption. See attached Program Guidelines for point calculation using number of jobs, hourly wage and investment. Then go to attachment Chart A which defines the exemption guidelines for determining the tax exemption percentage per year for property located outside a CRA area or Chart B is for property located within a CRA area. Property located outside a CRA area will have the tax exemption on both Real Property and Tangible Personal Property while a property located within a CRA area will have a tax exemption on Real Property Only. NOie: These are guidelines only. Each exemption is determined on an individual case basis by the Board of Counry Commissioners. 14 VII. Contact Source for Assistance Exemption applications are available at the County's Economic Development Division in the County Office on 2300 Virginia Avenue, Fort Pierce. Inquiries on the tax exemption program will be handled by this County Division. However, the Property Appraiser's Office will handle inquiries that pertain to Property Appraiser information only. An applicanVagent who is trying to determine the viability of filing an application should contact St. Lucie County Economic Development Division. St. Lucie County Economic Development Division 2300 Virginia Avenue Fort Pierce, Florida 34982 (772) 462-1550 phone (772) 462-1579 facsimile Larry Daum, Economic Development Mgr. Victoria Stalls, Economic Development Analyst 15 St Lucie County Ad Valorem Tax Exemption Program Program Guidelines New or Existing Business -Number of lobs created Points 25-49 5 50-99 ~ 100-199 9 200+ 10 hole: Existing business must be a minimum of !0% increase in employees to qualify Average Hourly Wage Rate for New Emalovees Points Less than $12.00 per hour -4 90% of average - $12.00 per hour 2 Average - $13.34 per hour 4 25% above the average - $16.68 per hour 6 50% above the average - $20.00 per hour 10 100% above the average - $26.68 per hour 12 Capital Investment Points $150,000 - $1,000,000 2 $1,000,001 - $5,000,000 4 $5,000,001 and up 6 Scoring -see Attachment 1 Adjustment Consideration #1: The St Lucie County Commissioners may consider an individual or company documentation indicating that the business is going to be critical to attracting other key businesses of that industry cluster; in those incidences, program guidelines may be adjusted on a case-by-case basis. Note: These are guidelines only. Each exemption is deter-nined on an individual case basis by the Board of County Commissioners. Revised 10!28/03 16 o a^a~a~a~a~a~a~ 0000000 ~~8 oo~~o~~ o 00 ~ R~ ~o ~ Z } m o o~ o R~~ ~ ~ ~i 8 8 oooRggg ~~3~8~~ g ~ oo~o~~~ ~~~~~~ • m . c4ia~i~i~i ~i~iggg8 n 8 C ~ w °cQi~$~~~ ~ $~iggggg s 4 ~ ~ d ~~~~~ ~ ~ ~p~p~p~p~p~p~ E Q _ + p p NY~O~~nn Q tnOOOO8O ~ ~~.-~ M W 8 >O , c 0 ~ ~ ~ ~ ~ ~, 3~ g ° g g g E » ~ ~i ~ ~ o a b ~o o a o _ + c c tZ $ ~m8$$8$ ~ 8888888 w > ~ ~ ~ a~~~~~~~ ~~~~a~~~ =' ~ 8888888 8888888 J } H ~ ~ ~ p a Z ~ c a° m L' ~ N1q fO N~Ny « Cl tO~NN w NYf CONK + ~O~tOON V H h~ U N 0 0 obooobo ~$g ooooo a ~~ ~~~~ oooo 0 R~~ ~°~~88 w 0 t ooocQia°OVV° ~i~i~i888 $ n ~e boR ~~ ~ ~ ~, ~e ~ 8~~$ a Y i i i i ~e i a v ~ ~ `: ~~~~~a~~ °Rg~~~~ ~ ~~~~ ~~88~~~ ~ d o o ° a a4 a4aeaeae~~ ~ ~ae~ae~a4ae Q o N°v~°n°n °n n° Q 88888$8 x W ~ 8 Y ~ ~ ~F C O 2e 2e 3e2e~~~ O ~24de2e2e~~ Z E = ~ ~i8$8888 w $8$88$8 W! O C ~ ~ ~ C C ~ ~ .- ~ ~ .- .- S~ a E ~a ~ a ~a~3 ~a~~ n ~ a~~~ ~ 2 ~~b C C C C n88i 8i~ W ~ O C CC C 8880000 <Z` » $ w ~ ~ y _ e ~ ~ 8$$8888 88888$$ J w Y N Q V U Z c Q d m Z w L s O N~~ N N+ ~ d L7 m~ N N A ~ N ~~ N N + ~ O C~] 10 C1 N (~ f n N N ^ N N 0 St. Lucie County Board of County Commissioners Economic Development Ad Valorem Tax Exemption Ordinance No. 92-24, St. Lucie County Code of Ordinances Chapter 196, Florida Statues ANNUAL REPORT Applicant Name: As required by the Economic Development Ad Valorem Tax Exemption Ordinance 03-258, Board of County Commissioners St. Lucie County, Florida, this form is to be filed with the Board of County Commissioners no later than January 31 of each year the exempton is desired. 1. Business Name: Mailing Address: city/zip 2. 3. Name of person in charge or owner of Business: Telephone No.: ( ) Fax No.: (_) Location of Business (legal description and street address) of property for which this report is filed: 4. Date Business opened at this facility: 5. a. Description of the improvements to real property for which this exemption is requested: b. Date of commencement of construction of improvements: 6. a. Description of the tangible personal property for which this exemption is requested and date when property was purchased: (Provide this information on State form DR-405 (Tangible Personal Property) b. Average Value of Inventory on hand: 7. Have you maintained the definition of a "New Business" [ ] or an "Exemption of an Existing Business" [ ] []Yes []No 8. Describe the Type or Nature of Your Business: 9. Trade Level (check as many as apply): [ ]Wholesale [ ]Manufacturing [ j Professional [ ]Office [ ] Service [ ]Other 10. a. Number of new full-time employees employed in St. Lucie County, Florida: (1) Increase in productive output resulting from this expansion % (2) Number of St. Lucie County residents employed (3) Total number of hours worked during calendar year of exemption (4) Total gross wages paid during calendar year of exemption (less the top executive's salary) (5) Number of employees prior to filing for an exemption _ 11. Sales factor for the facility requesting exemption: Total sales in Florida from this facility -one (1) location only Everywhere from this facility -one (1) location only divided by total sales 12. For office space owned and used by a corporation newly domiciled in the state of Florida: a. Date of incorporation in Florida: b. Number of full-time employees at this location: 13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional information as required by the Boazd of County Commission or Property Appraiser. I agree to furnish such other reasonable information as the Board of County Commissioners, St. Lucie County, Florida, may request in regard to the exemption. I hereby certify that the information and valuation stated by the above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, his declaration is based on all information for which he has any knowledge.) DATE: (Prepazer) SIGNED: TITLE: (Preparer) (Preparer's Telephone Number) PROPERTY APPRAISER'S USE ONLY 1. Estimate of the revenue which will be lost to the County during the current fiscal year had the exempt property otherwise been subject to taxation: 2. Estimate of the taxable value lost to the County: Improvements to real property: Tangible Personal Property: DATE: (Taxpayer) SIGNED: SIGNED: (Property Appraiser) ECONOMIC DEVELOPMENT DIVISION (EDD) USE ONLY Total number of employees: Current hourly wage: RETURN TO BE FILED NO LATER THAN JANUARY 31 10-26-03 - H:~ECONOMICV-DVALOREMWPPLICATION St. Lucie County Board of County Commissioners Economic Development Ad Valorem Tax Exemption Ordinance No. 92-24, St. Lucie County Code of Ordinances Chapter 196, Florida Statues SUPPLEMENTAL APPLICATION Applicant Name: NOTICE: This supplement is to be used by the Applicant to provide additional information required by the Economic Development Tax Abatement Ordinance 03-258, Board of County Commissioners, St. Lucie County, Florida; and to provide other information requested by the Board of County Commissioners and the entities that will review the application. Please provide a one page narrative describing the company and the relocation/expansion plans. 1. Length of exemption requested is a total of years (length of exemption approved is sole discretion of the Board of County Commissioners and commences on the adoption date of the ordinance granting the exemption). 2. Property Owner Name: Address: city/zip Telephone No.: ( ) 3. Authorized Agent: Fax No.: ( ) Address: city/zip Telephone No.: ( ) Fax No.: ( ) 4. Type of Industry or Business: 5. Anticipated new capital investment as a result of expansion or relocation of Business: New conswction: New tangible personal property: 6. Environmental impact of Business. (Identify the number of and type of environmental permits required as a result of this project: e.g. air, soil and water pollution, water and sewer, dredge and fill, stormwater, industrial waterway): 7. 8. This relocation or expansion would not occur without the exemption: Source of supplies (local or otherwise): ~o source of supplies County: ~o source of supplies Florida: °k source of supplies out-of-State: 9. Business is/will be located in a community redevelopment area: Yes [ ] No [ ] Yes [ ] No [ ] Name of area: I hereby confirm the information provided by to the Board of County Commissioners, Economic Development Division, St. Lucie County, Florida, for the purpose of calculating the economic impact and benefit of the proposed tax abatement is true, accurate and complete. I further confirm that is not in violation of any federal, State or local law, or regulation governing environmental matters: DATE: SIGNED: (Preparer) 51GNED: (Taxpayer) TITLE: (Preparer) (Preparer's Telephone Number) ECONOMIC DEVELOPMENT DIVISION (EDD) USE ONLY EDD Economic Impact Analysis: Staff's recommendation: Date: Signed: (print name and title) 10-07-03 - H:~ECONOMICV-DVALOREM~SUPPLEMEhTAL APPLICATION 2 .~ St. Lucie County Board of County Commissioners Economic Development Ad Valorem Tax Exemption Ordinance No. 92-24, St. Lucie County Code of Ordinances Chapter 1%, Florida Statues SUPPLEMENTAL APPLICATION Applicant Name: NOTICE: This supplement is to be used by the Applicant to provide additional information required by the Economic Development Tax Abatement Ordinance 03-258, Board of County Commissioners, St. Lucie County, Florida; and to provide other information requested by the Board of County Commissioners and the entities that will review the application. Please provide a one page narrative describing the company and the relocation/expansion plans. 1. Length of exemption requested is a total of years (length of exemption approved is sole discretion of the Boazd of County Commissioners and commences on the adoption date of the ordinance granting the exemption). 2. Property Owner Name: Address: Telephone No.: ( ) 3. Authorized Agent: Fax No.: ( ) Address: city/zip Telephone No.: ( ) Fax No.: ( ) 4. Type of Industry or Business: 5. Anticipated new capital investment as a result of expansion or relocation of Business: New construction: New tangible personal property: 6. Environmental impact of Business. (Identify the number of and type of environmental permits required as a result of this project: e.g. air, soil and water pollution, water and sewer, dredge and fill, stormwater, industrial waterway): This relocation or expansion would not occur without the exemption: Source of supplies (local or othcrwise): % source of supplies County: source of supplies Florida: % source of supplies out-of-State: 9. Business is/will be located in a community redevelopment azea: Yes [ ] No [ J ty/zip Yes [ ] No [ Name of area: ` ~. I hereby confirm the information provided by to the Board of County Commissioners, Economic Development Division, St. Lucic County, Florida, for the purpose of calculating the economic impact and bcnefit of the proposed tax abatement is true, accurate and complete. I further confirm that is not in violation of any federal, State or local law, or regulation governing environmental matters: DATE: SIGNED: (Preparer) SIGNED: (Taxpayer) (Preparer) TITLE: (Preparer's Telephone Number) ECONOMIC DEVELOPMENT DIVISION (EDD) USE ONLY EDD Econonuc Impact Analysis: Staff's recommendation: Date: Signed: (print name and title) 10-28-03 - H:~ECONOMICWDVALOREM~SUPPLEMENTAL APPLICATION 2 St. Lucie County Board of County Commissioners Economic Development Ad Valorem Tax Exemption Application Ordinance No. 92-24, St, Lucie County Code of Ordinances Chapter 1%, Florida Statues To be filed with the Board of County Commissioners, Economic Development Division of St. Lucie County, Florida, no later than March I of the year the exemption is desired to take effect. Please attach additional information, if necessary or requested. 1. Business Name: Mailing Address: city/zip 2. Name of person in charge or owner of Business: Telephone No.: ( ) Fax No.: ( ) 3. Location of Business (legal description and street address) of property for which this report is filed: 4. Date Business opened or will open at this facility: S. a. Description of the improvements to real property for which this exemption is requested: b. 6. a. Date of commencement of construction of improvements: Description of the tangible personal property for which this exemption is requested and date when property was, or is to be, purchased: Age Date of Purchase Original Value Taxpayer's Estimate of Condition Taxpayer's Estimate of A raiser's PP Use Only Class or Item Cost Good Avg. Poor Fair Market Condition .• b. Average Value of Inventory on hand: c. Any additional person property not listed above for which an exemption is claimed must be returned on form DR-405 (Tangible Personal Property Tax Return) and a copy attached to this form. 7. Do you desire an exemption as a: "New Business" [ ] or as an "Exemption of an Existing Business" [ ] 8. Describe the Type or Nature of Your Business: 9. Trade Level (check as many as apply): [)Wholesale [)Manufacturing [)Professional [ ]Office [ ]Service [ ]Other 10. a. Number of new full-time employees to be employed in St. Lucie County, Florida: b. If expansion of an existing business: (1) Net increase in employment (2) (3) Increase in productive output resulting from this expansion Number of St. Lucie County residents employed by Business c. Average hourly wage 11. Sales factor for the facility requesting exemption: Total sales in Florida from this facility -one (I) location only Everywhere from this facility -one (1) location only divided by total sales 12. For office space owned and used by a corporation newly domiciled in the state of Florida: Date of incorporation in Florida: a. Number of fuil-time employees at this location: 13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional information as required by the Board of County Commission or Property Appraiser. I hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above property pursuant to Section 196.1995, Florida Statues. I agree to fumish such other reasonable information as the Board of County Commissioners or the Property Appraiser may request in regard to the exemption requested herein. I hereby certify that the information and valuation stated above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone ocher than the taxpayer, his declaration is based on all information of which he has any knowledge.) DATE: SIGNED: (Preparer) SIGNED: TITLE: (Taxpayer) (Preparer) (Preparer's Telephone Number) 2 ~~ PROPERTY APPRAISER'S USE ONLY 1. Total revenue available to the county or municipality for the current fiscal year from ad valorem tax sources: 2. Revenue lost to the County or municipality for the current fiscal year by virtue of exemptions previously granted under this section: 3. Estimate of the revenue which would be lost to the County or municipality during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise subject to taxation: 4. Estimate of the taxable value lost to the County if the exemption applied for were granted: Improvements to real property: Tangible Personal Property: 5. 1 have determined that the property listed above meets the definition, as defined in Section 196.012 (15) or (16), Florida Statues, as a New Business [ ], as an Expansion of an Existing Business [ ], or Neither [ ]. 6. Last year for which exemption my be applied: DATE: SIGNED: (Property Appraiser) RETURN TO BE FILED NO LATER THAN MARCH 1 10-07-03 - H:~ECONOMIMDVALOREMWPPLICA7lON 3 ~, -~ ,~ . ~-J ~\O 3t Locie Coaaty Board of COUty Cotavaiaiotaers Economic Devdopnrent Ad Vabrets Tai Eiemptio~ Appticat~ Ordisaace Na 9~Z4, S't. Lade Coaty Code of Ordioatoes Cp Clrap~er 1%, Florida ~attaes To be filed with the Bond of County Commissional, Grants Reaoru+oelDisaster Recovery Department of St Lucie Cou~y, Florida, no later than March 1 of the year the exemption is desired m take effect. Please attach additional infocma6on, if necessaq+ or requested. 1. Business Name: Mailing Address: Q So ~~~ e r b i ~ ~ ~ f i~~ city/zip~~-tw (~t~ ~L2~`~ 2. Namc of person in charge or owner of Business: ~~ ~ j~ _ . to ~ S (u-r ,r Telephone No.: ~ ~- S } -~ ? S ~ Fax No.: ~ ~ S - ~tOT 3. Location of Business (legal descriptian sad street address) of property for which this report is filed: 3~(0 ~,,,,f'er~fl~e, ~ •_ ~t Pie rct FL 3r-f ~i ~ L {r- ~'-f YX - Sa ~- - Da `t f - o ao ~n a ~ ~2 Lt ~-fl - 50 ~ - aG'f ~! --o ~ 4. Date Business ope~d or will open at this facility: e~KV a,r 1 d 5. a Description of the improvemenrts to meal property for v+hich this ex 'on is requested1: v . F vr. C.n.~ e H GQ L\ u i (, dC i r.~ ~ h.. n ~0 U~ v-~ f tn. TT b. Date of commencement of construction of improvements: ~`{.~ tT~ ~-- _ ~ o d S 6. a Description of the tangible personal property for which this exemption is requested and date when proQtrty was, or is to be, purchased: Age Date of ~~ ~~ Value TEstimates of Condition Taxpayer's Estimate of APPm~'s Use Only Class or Item Cost Good AR lbar Fair Market Cmdmm ~OV 7Y 70 '7 r ~~ ~ t via 7 vi ?00 ~t O upansa os.~ozoos 14 b. Average Value of Inventory on hand: ~ 7 / 7 (~t Lf c. Any additional person property not listed above for which an exemption is claimed must be returned on form DR-405 (Tangible Personal Property Tax Return) and a copy attached to this form. 7. Do you desire an exemption as a: "New Business" [+.]'6r as an "Exemption of an Existing Business" [ ] 8. Describe the Type or Nature of Your Business: Pl ~s~ ,~~ P ~ ~ ~ Nt2t~ ~ -~~-~.~4 ~,r t,r 9. Trade Level (check as many as apply): [ ]Wholesale [+~'1Glanufacturing j ]Professional [ ]Office [ ]Service [ ]Other ] 0. a. Number of new full-time employees to be employed in St. Lucie County, Florida: / s e v r ft..~-1' b. [f expansion of an existing business: (1) Net increase in employment (2) Increase in productive output resulting from this expansion (3) Number of St. Luciq~County residenu employed by Business c. Average hourly wage ~~~ , Sd 11. Sales factor for the facility requesting exemption: -~/ Total sales in Florida from this facility -one (1) location only S~ Qom/ divided by total sales Everywhere from this facility -one (1) location only _ ~T q-~ / _ [ 12. For office space owned and used by a corporation newly domiciled in the state of Florida: Date of incorporation in Florida: a. Number offull-time employees at this location: 13. If requesting an exemption due to location in a slum or blighted area, please famish such additional information as required by the Board of County Commission or Property Appraiser. I hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above property pursuant to Section 196.1995, Florida Statues. I agree to famish such other reasonable information as the Board of County Commissioners or the Property Appraiser may request in regard to the exemption requested herein. I hereby certify that the information and valuation stated above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, his declaration is based on all information of which he has any knowledge.) DATE: ~-1~ ,~ 10 SIGNED: SIGNED: (Taxpayer) TITLE: 'L~ S1I v tr -Li v~(r (~P~r) (Preparer) (Preparer's Telephone Number) 15 Updated 03.10.2009 PROPERTY APPRAISER'S USE ONLY 1. Total revenue available to the county or municipality for the current fiscal year from ad valorem tax sources: ~a`~~~(~ B 2. Revenue lost to the County or municipality for the current fiscal yeaz by virtue of exemptions previously granted under this section: a3(p,$~Q~ 3. Estimate of the revenue which would be lost to the County or municipality during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise subject to taxation: ~~~ 59 "t 4. Estimate of the taxable value lost to the County if the exemption applied for were granted: Improvements to real property: t-}~. q(~ Tangible Personal Property: ~~~'j'j~ ~qQ 5. I have determined that the property listed above meets the definition, as defined in Section 196.012 (15) or (16), Florida Statues, as a New Business [/~, as an Expansion of an Existing Business [ ], or Neither [ ]. 6. Last year for which exemption my be applied: ZOl'j DATE: ~~~ O SIGNED: _ A RETURN TO BE FILED NO LATER MARCII 1 16 Updated 03.10.2009 '~" AGENDA REQUEST ~ ~ O CI NT Y ,: "~~ ~ F L O R ] .D TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT) SUBJECT: BACKGROUND: County Attorney ITEM NO. VI-B3 DATE: July 20, 2010 REGULAR [] PUBLIC HEARING [] CONSENT [xx] PRESENTED BY: Heather Sperrazza Lueke Assistant County Attorney Permission to Advertise -Ordinance No. 10-028 -Court Fees See C10-857 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff requests permission to advertise proposed Ordinance No. 10-028 for public hearing before the Board of County Commissioners on August 17, 2010, at 6p.m. or as soon thereafter ns may be heard . COMMISSION ACTION [~q APPROVED [ ]DENIED [ J OTHER: Approved 4.0 Comm. Coward Absent CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals Count Attorne ~./~ Mana ement 6 Bud et Purchasin Y Y 9 9 9 Daniel 5. McIntyre Originoting Dept. Public Works Dir, County Eng.: Finance: (Check for copy only, if npplicoble) Eff. 5/96 - - -~ _ _ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA • TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO.: 10-857 DATE: July 20, 2010 SUBJECT: Permission to Advertise Ordinance No. 10-028 -Court Fees BACKGROUND: As authorized by Section 939.185, Florida Statutes, the Board of County Commissioners imposes a $65 court cost when n person pleads polo contendere or guilty to or is convicted of or ad judicated delinquent for any felony, misdemeanor, delinquent act, or criminal traffic infraction under the laws of the state. Section 939.185 also sets out how the funds generated from that fee may be distributed. House Bill 5401, signed by the Governor on May 28, 2010, amended Section 939.185, to read as follows: 1. Twenty-five percent of the amount collected shall be allocated to fund innovations, as determined by the chief judge of the circuit. to supplement state funding for the elements of the state courts systems identified in s. 29.004 and county funding for local requirements s. 29.008(2)(a)2. Ordinance No. 10-028 would amend the county code to reflect this change. RECOMMENDATION/CONCLUSION Staff requests permission to advertise Ordinance No. 10-028 for public hearing before the Board of County Commissioners on August 17, 2010, at 6 pm or as soon thereafter as may be heard. Respectfully submitted, ~:,~~ ~ Heather Sperrnzza L e Assistant County At orney ORDINANCE NO. 10-028 AN ORDINANCE AMENDING SECTION 1-7-3 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY CLARIFYING LANGUAGE REGARDING THE ALLOCATION OF COURT INNOVATION FUNDS; PROVIDING FOR SEVERABILITY; AND PROVIDING EFFECTIVE DATE. WHEREAS, House Bi115401, signed by the Governor on May 28, 2010, amended Section 939.185, Florida Statutes; WHEREAS, the Board wishes to amend its ordinance to reflect the change made by House Bi115401. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ARTICLE I. "In General," of Chapter 1-7, "Courts," of the Code of Ordinances of St. Lucie County, Florida, is amended as follows: Sec. 1-7-3. Allocation of additional court costs. The additional court costs imposed pursuant to section 1-7-2 of this Code shall be used only in St. Lucie County, to be allocated as follows: (1) Twenty-five (25) per cent of the amount collected shall be allocated to fund innovations, as determined by the chief judge of the circuit, to supplement state funding for the elements of the state courts system identified in F.S. § 29.004, and county funding for local requirements under F.S. § 29.008(2)(a)2. (2) Twenty-five (25) per cent of the amount collected shall be allocated to assist counties in providing legal aid programs required under F.S. § 29.008(3)(a). (3) Twenty-five (25) per cent of the amount collected shall be allocated to fund personnel and legal materials for the public as part of a law library. (4) Twenty-five (25) per cent of the amount collected shall be used as determined by the board to support juvenile assessment centers, and other juvenile alternative programs. PART B. SEVERABILITY. If any word, phrase, clause, section or portion of this ordinance shall be held invalid or unconstitutional by a court of competent jurisdiction, such portion or words shall be deemed a ~woag# portions are deleted. Underlined portions are added. separate and independent provision and such holding shall not affect the validity of the remaining portions thereof. PART C. EFFECTIVE DATE. This ordinance shall become effective September 1, 2010. PART D. 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 E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Charles Grande ~~ Vice Chairman Doug Coward ~~ Commissioner Chris Dzadovsky ~~ Commissioner Chris Craft XX~~ Commissioner Paula A. Lewis ~~ PART F. CODIFICATION. Provisions of this ordinance shall be incorporated into 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 "F" shall not be codified. PASSED AND DULY ADOPTED this day of , 2010. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA Deputy Clerk b#rttelt~~roegl~ portions are deleted. Underlined portions are added. BY: Chair APPROVED AS TO FORM AND CORRECTNESS BY: County Attorney 2 AGENDA REQUEST J = • -- TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B4 DATE: Jufy 20, 2010 REGULAR [] PUBLIC HEARING [] CONSENT [xx] PRESENTED BY: SUBMITTED BY(DEPT'): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Permission to Advertise -Ordinance No. 10-029 -Surplus Property Procedure BACKGROUND: See C10-858 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Stuff requests permission to advertise proposed Ordinance No. 10-029 for public hearing before the Board of County Commissioners on August 17, 2010, at 6p.m. or ns soon thereafter ns may be heard. COMMISSION ACTION: pd APPROVED [ ]DENIED [ ]OTHER: CONCURRENCE: Approved 4-0 Comm. Coward Absent '~ County Attorney Daniel 5. McIntyre Originating Dept. Finance: (Check for copy only, if applicable) Review and Approvals Faye W. Outlaw, MPA County Administrator Management & Budget Purchasing: _ Public Works Dir, County Eng.: Eff. 5/96 ~ _ _ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA i TO: Board of County Commissioners FROM: Heather Sperrnzza Lueke, Assistant County Attorney C.A. NO.: 10-858 DATE: July 20, 2010 SUBJECT: Permission to Advertise Ordinance No. 10-029 -Surplus Property Procedure BACKGROUND: As authorized by Section 125.35, Florida Statutes, the Board of County Commissioners adopted Ordinance No. 02-18, prescribing an alternative method to sell and convey real property owned by the County. Staff recommends amending these procedures to clarify when objections to the declaration of surplus property can be made. RECOMMENDATION/CONCLUSION Staff requests permission to advertise Ordinance No.10-029 for public hearing before the Board of County Commissioners on August 17, 2010, nt 6 pm or as soon thereafter as may be heard. Respectfully submitted, Heather Sperrazzn Lue Assistant County Attorney ORDINANCE NO. 10-029 AN ORDINANCE AMENDING SECTION 1-16.2-6 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY CLARIFYING LANGUAGE REGARDING THE NOTIFICATION OF DISPOSITION TO INTERESTED PARTIES; PROVIDING FOR SEVERABILITY; AND PROVIDING EFFECTIVE DATE. WHEREAS, Section 125.35, Florida Statutes, allows counties to prescribe by ordinance disposition standazds and procedures for surplus real property; WHEREAS, the Board adopted such procedures in Ordinance No. 02-18; WHEREAS, the Board wishes to clarify the procedures relating to notification and of disposition to interested parties. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ARTICLE I. "In General," of Chapter 1-16.2, "Disposition of Surplus Real Property," of the Code of Ordinances of St. Lucie County, Florida, is amended as follows: Sec. 1-16.2-6. Notification of disposition to interested parties. The county administrator or designee shall publish a notice in a newspaper of general circulation once at least twenty (20) days prior to the board of county commissioners' heazing in which the real property is to be declazed surplus. The notice shall contain a description of the surplus property sought to be disposed of, the name of the county administrator or designee to which objections shall be addressed, and the date of the regular meeting of the board in which proposed final action is to be taken. Objections to the declaration of surplus property shall be made in writing no later than ten (10) days prior to the hearing in which the real property is to be declazed surplus and shall be given to the board prior to making its final decision. PART B. SEVERABILITY. If any word, phrase, clause, section or portion of this ordinance shall be held invalid or unconstitutional by a court of competent jurisdiction, such portion or words shall be deemed a separate and independent provision and such holding shall not affect the validity of the remaining portions thereof. `~`~-~~~rroc.'~cTirvdgti+t portions are deleted. Underlined portions are added. PART C. EFFECTIVE DATE. This ordinance shall become effective September 1, 2010. PART D. 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 E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Charles Grande XXX Vice Chairman Doug Coward XXX Commissioner Chris Dzadovsky ~~ Commissioner Chris Craft XXX Commissioner Paula A. Lewis XXX PART F. CODIFICATION. Provisions of this ordinance shall be incorporated into 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 "F" shall not be codified. PASSED AND DULY ADOPTED this day of , 2010. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA Deputy Clerk BY: Chair APPROVED AS TO FORM AND CORRECTNESS BY: County Attorney ~#rnek~hrot~gh portions are deleted. Underlined portions nre added. 2 ORDINANCE NO ~ 02 -18 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, CREATING CHAIpTER 1-16.2, "PUBLIC PROPERTY", CREATING ARTICL~ I, ST. L E COUNTY CODE AND COMPILED LAWS, ENTITLED DISP SITION OF SURPLUS REAL PROPERTY; CREATING SECTIO 1-16.2 -1, ENTITLED PURPOSE; CREATING SECTION i -16.2-2, ENTITLED DECLARATIOI~I OF SURPLUS PROPERTY; ~ CREATING SECTION 1- 16.2-3, ENTI'T'LED PROCESS BY WHICI~ INTERES D PERSONS MAY ACQUIRE SURPLUS PROPERTY; 4~REATIN6 SECTION 1- 16.2-4, ENTITLED STANDARDS Oi' COMP ON AND NOTICE OF DISPOSAL; CREATIN6~! SECTIO 1-16.2-5, ENTITLED NEGOTIATION PROCEDURE5; CREATI 6 SECTION 1-16.2-6, ENi1TITLED NOTIFICATION ~ OF DISP SITION TO INTERESTED PARTIES; PROVIDING ~ FOR SE ERABILITY; PROVIDING FOR INCLUSION IN TF~E ST. LU E COUNTY CODE; PROVIDING AN EFFECTIVE DAT'~. i WHEREAS, section 125.35, Florida Stat es, governs the way in which n ~ ~ D county is permitted to sell or convey real proper ,owned by t e county; and ° `~ z _axm °~ao WHEREAS, the Fioridn Legislature recj~ntly amen ed section 125.35, ~ CD ~ Fioridn Statutes, to provide counties with an alternative method to selling and ~ ~~ conveying real property owned by the county; and ~ N o~~ WHEREAS, tl~e amendment to section ~i25.35, Flori a Statutes, allows o c o counties to prescribe by ordinance disposition standards and procedures for `~ m = surplus real property; and o ~' WHEREAS, the Board of County Commissioners now d sires to enact such ~ ~ ~ an ordinance and finds that such an ordinance I ~s m the b t interest of the ~ o citizens of St. Lucie County, Florida. "' ~ ~ o~ NOW, THEREFORE, BE IT ORDAIN~D by the Board of County n Commissioners of St. !Lucie County, Florida, ns follows: I ~ 1--i C m ~ n 0 C Z ~, ~ PART A. Recitals. The foregoing recitals are true and correct and incorporated herein by reference. j PART B. Cnention. Chapter 1-16.2 "PUBLIC PROPERTY' is hereby created, Article I, St. Lucie County Code, enti led Disposi ion of Surplus Real Pro ert of Cha ter 1-16.2 is hereb created to r d as follow: P Y P Y ARTICLE I. DISPOSITION OF SURPLUS REAL PROP~RTY Section 1-16.2-1 Pu se. '~ This Article i disposition of surplus Florida Statutes. iishina a method Section 1-16.2-2 Declaration of surplus proper~v. ,~ When the Board of Coun Commissid ners finds t at an real ro ert owned b the Count is unusable or not needed fo Coun ur oses the Board m declare the rent ro er to be sur lus ro er Once the roe is declared sur lus the roe ma be sold dedicated do nated or of erwise conve ed to interested artier i~rsuant to the terms of ti ~is Article. The declaration of sur lus ro ert shall) be recorded in the minutes ~ f the Board Once the real ro er is declared .sur (us b he Board of Coun Commissioners the un Administrator or deli nee shall h ve the nuthorit to sell the ro er td the hi hest and best bid der. A de d transferrin the properly To me ni4nesT ana desT diaaer snail dep resentea to the c:nairman of the Board of Coun Commissioners for si nature wit hout an fur her a royal of the Board bein r uire The Coun Administra or or deli nee shall have the authori to re'ect all bids if the bids are deter mined to be oo low or not in the best interest of the Coun In the event the G oun Admin strator or deli nee desires to transfer i~he roe to a erson oi ther than t e hi hest and best bidder the matter shall be presented to the Boar d for npprov I. ~ i T i i I I ,I I i i ' 0 m 0 0 m L I Section 1-16.2 - 3 Proccss I property. j~ Any person, corporation, governmental body, or other legal entity maX re uest to ac uire su lus real ro ert b subrn~ttin a left r of interest to the County Administratoh or designee. The letter shall i , lude the following information: i name of he erson or I a) enti interested in thle ro er ; the reason for acquiring the property, i.e., personal, charitable, governmental, etc.; j~ the proppsed purchase price; and ' i the leaal~ description, the alternate {key number dad, if available, the street address of thejproperty; and j~ an othe information the erson dee U on recei t of the letter of interest the ~ I s relevant. ~ i oun Admi istrator or deli ee shall verif whether the ro er has in fact een declar d sur lus. If the ro ert has not bee declared sur lus the Coun Administra or or desi nee shall make n determination as to whether the property is needed or County purposes. If the roe is na Ion er needed then the C hun Admi ~strator or desi nee shall re uest the Boa d of Coun Commissioners to declare t e ro er sur lus. Once the property is declared surplus, then the ounty Admin strator or desig nee shall seek to dispose of the property in accordance with the standards of competition set forth;in this Article. ~ The County may, on its own initiative, dispose of~rplus property by following the standards of competition. i Section 1-16. Z -4 St' ndards of com tition and notice of d' sal ~ For real property valued more than $25, 0, as npprni~ed by the Property s vTrice ri Notice callil Y to thle hi in a ne~rsnc 0 O O .~ m N 3 c~rcuiaTion once eacn weeK for two z consecuti~ Ye weeks. a Coun shall have the option to convey the property to the hiQhes bidder or rteject all bids This procedure applies regardless of whether the sur us~ropertyi i T being disposed of on the Coun 's own initiative or u on receivi a I~ , tter of inter4 est. For real ro erg valued at 50 000 or mo a ns a rai ed b the Pro er A raiser the Coun shall have the ro ert a-a raised b a fee a raiser designated by a fee appraiser designated by the C buntY ~ Alternativef for real ro er a raised under 25 0 b the Pro e Appraiser's Office, the County may negotiate the private sale of the property to an inreresTea erson. i ne c.oun snail send noT~c t to all ad ac nt ro er owners b certified mail indi tin the Coun 's desire to dis ose of t e real ro If within ten 10 business d s after receivin su h notice an ad'acent ro e owners indicate their desire ~to urchase the a the oun shall acce t sealed bids for the o e from the intereste roes. a Coun m then conve the roe to the hi hest bidder or e'ect all bi s. This rocedure a lies re nrdless of whether the su lus roe is bein dis osed of on the Coun 's own initiative or u on receivin a letter o interest. The Coun r ardless of then raised va ~ue of the o e mn conve such ro er to snot er overnmentnl enti or d haritable i itution at a rivate sale for such rice as the Board of Coun Commis loners mn ix. The conve once shall be done in accordance with section 125.38 FI ~ rids Statut s. Section 1-16.2 - 5 Nejgotiation proccdures. ~ Inn otiatin the terms and conditions of t he dis oral of sur lus ro er the Coun Administrator or deli nee shall take Tinto conside ation the followin factors' I The a raised value of the real ro er The cond tion of the real roe a t d the exten o which the nr seekin to nc uire th roe will have to ex nd funds to make the ro e useable or to brin he roe into com liance with the St Lucie Coun Code of Ordinances. a 0 m 0 fl m w ,.,, Lt ~ rim rv vsea use oT Tae seeKin In no event shall the disposition of surplu to ac uire the ro er property vuolate the St Lucie County Comprehensive Plan or the zoning regulation s of St Luci ie County Florida Section 1-16.2-6 N tificntion of dis sition to interested rties. ~, The Coun Administrator or desi nee shal~ ublish a rW tice in n news a er of eneral circulation once at least twen 20 da s rior to he Board of Coun Commissioners' hearing in which the real property} is to be de tared surplus The notice shall contain a descri tion of the sur lus r b ert sou , t to be dis osed of the name of the Cou Administrator or deli r>r ee to whit ob'ections shall be addressed and the date of the r ulnr meetin bf the Boar in which ro osed final action is to be tmken. Ob'ections to the find dis osition of sur lus ro er shall be made in writin no Inter than ten 10 d s~ rior to the final dis osition and shall be given to the Board prior to making its finals decision i PART C. Severability. ~ i If any section, subsection, sentence, clause, phrase, wor ordinance is for arty reason held invalid or u onstitution competent jurisdiction, whether for substantive, procedural, such portion shall be deemed a separate, distinci~ and indepe such holding shall not affect the validity of the remainin ordinance. PAQT n Tnrln~inn ' iw 4Ls l~~.ia it r provision of this I by any court of r any other reason, dent provision, and lg portions of this It is the intention of the Board and it is h of Parts A and B of iihis ordinance shall be ma Code of Ordinances; that the sections of this relettered to accomplish such intention; and t changed to "section", "article", or other nppropri~ PART E. Filing by Clerk. The Clerk shall (file a certified copy of this of State within ten (iC~) days after enactment. '~eby provide that the provisions !apart of t~e St. Lucie County ordinance ma be renumbered or t the word ~ordinnnce" may be : designation ordinance w~th the Department 0 z 0 0 vR vI, c~ m ~O .~+ 5 PART F. Effective Dnte. This ordinance shnll become effective irmmediately on filing with "the f ~~ Department of State. i ~ °' ,~; , ;: PASSED AND DULY ADOPTED this 18th day of June, ~oO~A`' -~,..~ ~:' - ~ ~ <: - BOARD OF iCOUNTY •~141MLSS~ib-,~1~R_ ~ . ~• . `~J ATTEST: ST. LUCIE COUNTY, ~ ~ •~ ~~ F ORIDA 'y. r,T:r . ,-~, BY: `- . putt' Gler Cha' man . ', ~: j ~ C I ' y ~ ~. I ~`~• ~~~~` •~'• ~,;~~;~' ~~~ `~ APPROVED 5 TO FOR AND .... 't, 'A'•~ `~ CO 55 ., f /~ BY: County 0 0 0 cs~ -o a 6 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-5 DATE: July 20, 2010 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [xx] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Mnnnger SUBJECT: County Deed YMCA Parcels Parcel I.D. Nos. 2416-504-0108-000/7 and 2416-504-0107-000/0 BACKGROUND: Please see an attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: September 15, 2009 - Board of County Commissioners approved Resolution No. 09-270 accepting a Special Warranty Deed executed by Young Men's Christian Association of the Treasure Coast, Florida. RECOMMENDATION: Staff recommends that the Board authorize the Chairman to execute a County Deed in favor of The City of Fort Pierce and direct staff to record the County Deed in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: ~ APPROVED [ ]DENIED [ ]OTHER: Approved 4.0 Comm. Coward Absent [x] County Attorney: Daniel McIntyre J r~~(~- [x) Originating Dept: JoAnn Riley CONCURRENCE _----~i ~ ~-- Faye W. Outlaw, MPA County Administrator Review and Approvals [x] Central Servic~Vv [ ]Public Works:_ Roger Shinn Don West [x] Parks 6 Recrentio [) Environmentnl:_ Debra Brisson Steve Fousek S:\ACQ\WP\JOARn\YMCA\County Deed Agenda Request.wpd PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: July 20, 2010 SUBJECT: County Deed YMCA Parcels Parcel I.D. Nos. 2416-504-0108-000/7 and 2416-504-0107-000/0 BACKGROUND: On September 15, 2009, the Board of County Commissioners approved Resolution No. 09-270 accepting a Special Warranty Deed executed by Young Men's Christian Association of the Treasure Coast, Florida, Inc., conveying ownership of the YMCA parcels, shown on the attached map. Ownership of the YMCA property reverted to the County pursuant to paragraph 3 of County Deed recorded in Official Records Book 54, Pnge 83. At the Mny 25, 2010 Board of County Commissioners Informal Meeting, staff received direction to transfer the YMCA parcels to the City of Fort Pierce. Currently Central Services is responsible for the utility bills and Parks and Recreation is maintaining the grounds. Attached for your review and approval is n County Deed transferring ownership of the YMCA parcels. RECOMMENDATION: Staff recommends that the Board authorize the Chairman to execute a County Deed in favor of The City of Fort Pierce and direct staff to record the County Deed in the Public Records of St. Lucie County, Florida. Respectfully submitted, Ann Riley Property Acquisition Manager 5:\ACQ\WP\JOAnn\YMCA\County Deed Agenda Memo.wpd .,~~if: YMCA o ~zs zso soo ~ . 6 ~ ` ~ • ~ M ~ ~ ~~rs+~ ~ ... ' ~r ' ai ate ,~Z ,~ This instrument prepared by JoAnn Riley under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Parcel I.D. No. 2416-504-0108-000/7 2416-504-0107-000/0 COUNTY DEED Pursuant to Floridn Statute 125.411 THIS COUNTY DEED, made this day of JULY, 2010, by ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Floridn 34982, hereinafter called party of the first part, and THE CITY OF FORT PIERCE, a Floridn Municipal Corporation, having its administrative offices at City Hnll, 100 North U.S. One, Fort Pierce, Florida, 34950, called party of the second part: WITNESSETH, that the said party of the first part, for and in consideration of the sum of TEN and 00/100 ($10.00) DOLLARS to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the party of the second part, his or her heirs and assigns forever, the following described lands lying and being in St. Lucie County, Florida: ALL OF BLOCK 12 TOGETHER WITH THE 16 FOOT VACATED ALLEY, AND ALL OF BLOCK 13 TOGETHER WITH THE 16 FOOT VACATED ALLEY, OF LAWNWOOD ADDITION AS PER PLAT THEREOF RECORDED IN PLAT BOOK 2, AT PAGE 16 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SUBJECT TO RESERVATIONS, RESTRICTIONS AND RIGHTS-OF- WAY OF RECORD, PROVIDED, HOWEVER, THAT THIS REFERENCE SHALL NOT SERVE TO REIMPOSE THE SAME. PARTY OF THE SECOND PART ACCEPTS THE PROPERTY IN AN "AS IS" AND "WHERE IS" CONDITION WITH ALL FAULTS AND THE PARTY OF THE FIRST PART MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE QUALITY, PHYSICAL CONDITION, VALUE, UTILITY, OR POTENTIAL OF THE PROPERTY AND THERE ARE NO WARRANTIES OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PARTY OF THE SECOND PART ALSO ASSUMES RESPONSIBILITY FOR PAST, PRESENT AND FUTURE STORMWATER ASSESSMENTS. IT IS EXPRESSLY UNDERSTOOD AND AGREED by and between the party of the first part and the party of the second part that said property shall only be used for public recreational purposes and title thereto and to the improvements constructed thereon shall revert to the part of the first port on ninety (90) days prior written notice of violation of the use covenant set out above. IN WITNESS WHEREOF, the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners by the Chairmain of said board, the day and year aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney STATE OF FLORIDA COUNTY OF ST, LUCIE The foregoing instrument was acknowledged before me this day of JULY, 2010, by Charles Grande, the Chairman of the Board of County Commissioners of St. Lucie County. He is personally known to me. - Notary Public Signature S:\ACQ\WP\JOAnn\YMCA\County ~eed.wpd BY: 2 t 1 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners Faye W. Outlaw, County Administrator FROM: Daniel S. McIntyre, County Attorney , su C.A. NO.: 10-0923 DATE: July 20, 2010 SUBJECT: Revised County Deed to City of Fort Pierce Item 6 Consent on July 20, 2010 Agenda Commissioner Dzadovsky has requested that staff draft additional Innguage addressing the issue of "abandonment" or "inactivity." Attached to this memorandum is a copy of a revised County Deed with the added language set out in blackline form. DSM/caf Attachment Copy to: Property Acquisition Mnnager This instrument prepared by JoAnn Riley under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Parcel I.D. No. 2416-504-0108-000/7 2416-504-0107-000/0 COUNTY DEED Pursuant to Florida Statute 125.411 THIS COUNTY DEED, made this day of JULY, 2010, by ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter called party of the first part, and THE CITY OF FORT PIERCE, a Florida Municipal Corporation, having its administrative offices at City Hall, 100 North U.S. One, Fort Pierce, Florida, 34950, called party of the second port: WITNESSETH, that the said party of the first part, for and in consideration of the sum of TEN and 00/100 ($10.00) DOLLARS to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the party of the second part, his or her heirs and assigns forever, the following described lands lying and being in St. Lucie County, Florida: ALL OF BLOCK 12 TOGETHER WITH THE 16 FOOT VACATED ALLEY, AND ALL OF BLOCK 13 TOGETHER WITH THE 16 FOOT VACATED ALLEY, OF LAWNWOOD ADDITION AS PER PLAT THEREOF RECORDED IN PLAT BOOK 2, AT PAGE 16 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SUBJECT TO RESERVATIONS, RESTRICTIONS AND RIGHTS-OF- WAY OF RECORD, PROVIDED, HOWEVER, THAT THIS REFERENCE SHALL NOT SERVE TO REIMPOSE THE SAME. PARTY OF THE SECOND PART ACCEPTS THE PROPERTY IN AN "AS IS" AND "WHERE IS" CONDITION WITH ALL FAULTS AND THE PARTY OF THE FIRST PART MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE QUALITY, PHYSICAL CONDITION, VALUE, UTILITY, OR POTENTIAL OF THE PROPERTY AND THERE AREA NO WARRANTIES OF MERCHANTABILITY,-HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PARTY OF THE SECOND PART ALSO ASSUMES RESPONSIBILITY FOR PAST, PRESENT AND FUTURE STORMWATER ASSESSMENTS. I~r, ~< Cf'.. i r IT IS EXPRESSLY UNDERSTOOD AND AGREED by and between the party of the first part and the party of the second part that: Said property shall only be used for public recreational purposes and title thereto and to the improvements constructed thereon shall revert to the party of the first part on ninety (90) days prior written notice of violation of the use covenant set out above. 2. If the property shall be inactive. for a period of one (1) year title to said land and the improvements constructed thereon shall revert to the party of the first part on ninety (90) days prior written notice of violation of the use covenant set out above. IN WITNESS WHEREOF, the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners by the Chairman of said board, the day and year aforesaid. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman APPROVED AS TO FORM AND CORRECTNESS STATE OF FLORIDA COUNTY OF ST. LUCIE BY: ' ~ County Attorney The foregoing instrument was acknowledged before me this day of JULY, 2010, by Charles Grande, the Chairman of the Board of County Commissioners of St. Lucie County. He is personally known to me. Notary Public Signature 5:\ACQ\WP\JOAnn\YMCA\County Deed2.wpd 2, AGENDA REQUEST T0: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-6 DATE: July 20, 2010 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ x ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 10-205 -Urging the Governor to Declare the Balance of Florida's Coastal Counties as Disaster Areas BACKGROUND: Governor Crist has issued an Executive Order declaring a state of emergency due to the threat that oil leaking from Deepwater Horizon drilling platform and well poses to the State of Florida for some coastal counties. At the June 22, 2010 Informal Meeting, this Board requested that a resolution be drafted urging Governor Crist to declare the balance of coastal counties as disaster areas. This resolution has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 10-205 as drafted. COMMISSION ACTION: CONCURRENCE: [ ]APPROVED [ ]DENIED ~C] OTHER: -~ ~ - Pulled prior to meeting. Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney:~~- [X] Public Safety Et Communications. Heather Young, ACA Jack So rd, Director RESOLUTION NO. 10-205 A RESOLUTION URGING THE GOVERNOR TO DECLARE THE BALANCE OF FLORIDA'S COASTAL COUNTIES AS DISASTER AREAS DUE TO THE THREATTHATOILLEAKINGFROM DEEPWATERHORIZON DRILLINGAND WELL POSES TO THE STATE OF FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On April 20, 2010, an explosion on the mobile drilling platform Deepwater Horizon occurred approximately 130 miles southeast of New Orleans, Louisiana. 2. On April 30, 2010, Governor Crist issued Executive Order 10-99 declaring a state of emergency due to the threat that oil leaking from Deepwater Horizon drilling platform and well poses to the State of Florida. The state of emergency existed for the counties of Escambia, Santa Rosa, Okaloosa, Walton, Bay and Gulf. 3. On May 3, 2010, Executive Order 10-100 was issued amending Executive Order 10-99 to include the counties of Franklin, Wakulla, Jefferson, Taylor, Dixie, Levy, Citrus, Hernando, Pasco, Pinellas, Hillsborough, Manatee and Sarasota under the state of emergency. 4. On May 20, 2010, Executive Order 10-106 was issued amending Executive Order 10-99, amended by Executive Order 10-100 to include the counties of Charlotte, Lee, Collier, Monroe, Dade, Broward and Palm Beach under the state of emergency NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Section 1: This Board does hereby urge the Governor to amend Executive Order 10-99 to include the balance of Florida's coastal counties under the state of emergency. Section 2: The County Administrator is hereby directed to send a copy of this resolution to Governor Charlie Crist and the remaining coastal counties. Section 3: This Resolution shall take effect upon its adoption. PASSED AND DULY ADOPTED this day of , 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ~- STATE ~~ ~L ~RIDA orr~c~ of THE ~o a~RNOR EXECUTIVE ORDER NUMBER 10-106 {Amending Executive Order 10-99, Amended by Executive Order 14-104, Emergency Management - Deepwater Horizon) On April 34, 2014, I issued Executive Order 10-93 declaring a state of emergency due to the threat that oil leaking from Deepwater Horizon drilling platform and well. poses to the State of Florida. I found that this event threatens the State of Florida with a major disaster and proclaimed a state of emergency exists for the counties of Escambia, Santa Rosa, Oka[oosa, Walton, Bay and Gulf. As the oil continues to spill from the well and all efforts'to stop the discharge have failed and may not succeed for an extended period of time, more Florida counties could be affected. On May 3, 2010, I issued Executive Order 10-104, amending Executive Order 14- 99 to include Franklin, Wakulla, Jefferson, Taylor, Dixie, Levy, Citrus, Hernando, Pasco, Pinellas, Hillsborough, Manatee and Sarasota counties in the state of emergency. Subsequently, .reports have been received indicating that-oil from the spill has entered the Loop Current in the Gulf of Mexico thereby creating a potential threat to additional counties bordering the Gulf and along the Atlantic Seaboard. As Governor, I am responsible to meet the dangers presented to this state and its people by this emergency. Therefore, by virtue of the authority vested in me by Article IV, Section 1 (a) of the Florida Constitution'and bythe State Emergency Management Act (Chapter 252, Florida'Statutesj, and all other :applicable Iaws, I issue the following Executive Order: Section 1. Executive Order 14-99, amended by Executive Order 10-100, is fiuther amended to include the following additional counties for the :state of emergency: Charlotte, Lee, Collier, Monroe, Dade, Broward and Palm Beach counties. . ~ Section. 2. Except as amended herein, Executive girder tQ-49 as amended by Executive Order 10-100, is ratifiedand-reaffumed. IN TESTIMONY' WHEREOF, I have hereunto set my hand and caused the Great Seal of the Sta a of ` a #o be affixed, at Tallahassee, this day y, zo o. _. - ~ :~ ~ ;~ ~ ~~ _.. ' ! ,:a - 1 ~ . Y `.W.K ~.~ ~~. :~ ~~ .~ AGENDA REQUEST ITEM NO. VI-C DATE: 07/20/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel J. Lutzke . SUBMITTED BY: Human Resources/Risk Management Risk Manager L' SUBJECT: Prison Health Services Inmate HIV Medications Invoice for May, 2010 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval for payment of Prison Health Services invoice number PHS0007800 for HIV medications for the period of May 01, 2010 through May 31, 2010, in the amount of $42,017.77. COMMISSION ACTION: (X) APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Comm. Coward Absent CONCURRENCE: ~~ _~- Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) OMB Director (X ) •'c~,~or~ Budget Analyst (Daniel S. McIntyre) Kc-:,rc-~, :; 3 n Originating Dept. (X) - ERD ( ) (Dani tzk ~n t'rl ~' (Marie Gouin) (Name) Human Resources/Risk Management MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Interim Human~.R~lesources Director FROM: Daniel J. Lutzke, Risk Manager~~' a DATE: July 20, 2010 SUBJECT: Prison Health Services Inmate HIV Medications Invoice for May, 2010 ITEM NO. VI-C Background: Prison Health Services (PHS) acts as a third party administrator for St. Lucie County jail inmate health care and manages, administers and pays for inmate HIV medications and off-site services from medical providers. PHS is now requesting reimbursement from the County for May 2010 inmate HIV medication costs in accordance with Florida Statute F.S. 901.35 which states that the medical services provider shall be reimbursed from the general fund of the County when no other source of payment is available. The Board has previously approved inmate HIV medication payments of $288,537.87 and Inmate Off-Site Medical Services utilization payments of $2,348,035.96. This $42,017.77 May HIV medications invoice brings the combined total cost for inmate medical services to $2,678,591.60. The Board had established a budget of $1,850,000 and an additional contingency reserve of $250,000 for Inmate Medical Care. The Inmate contingency reserve has been transferred to the Inmate Medical Care fund. The Board has also approved a budget amendment transferring $700,000 from Reserves to the Inmate Medical Care fund increasing the FY funds set for Inmate Medical Services to $2,800,000. Attachments Prison Health Services Invoice number PHS0007800 in the amount of $42,017.77. Certification of invoice number PHS0007800 by Sheriff's Consultant, Alliance Medical Management. Recommendation Board approval for payment of Prison Health Services invoice number PHS0007800 for HIV medications for the period of May 01, 2010 through May 31, 2010, in the amount of $42,017.77. A Invoice Number: PHS0007800 Prison Health Services, Inc. 105 Westpark Drive, Suite 200 Brentwood, TN 37027 1-800-729-0069 ext. 338 ID# 23-2108853 ST LUCIE COUNTY SHERIFF'S DEPT June 18, 2010 ATTN: TOBY LONG 4700 WEST MIDWAY ROAD FORT PIERCE, FL 34981 Customer Number: 1534B Aggregate CAP HIV Meds for the Period of May 2010 Amount Due: $42,017.77 Remit Payment To: Prison Health Services, Inc. 12464 Collection Center Drive Chicago, IL 60693 Payment Due Date: July 18, 2010 $42,017.77 Account Terms: NET 30 DAYS * * * PLEASE DOCUMENT IF INVOICE IS NOT PAID IN FULL * * * MONTHLY INVOICE St. Lucie County, FL Contract Year: October 1, 2009 through September 30, 2010 HIV Medications For the month ended: May 31, 2010 Aggregate Terms per Contract (backup attached): Annual Aggregate Limit: $ _ Annual Aggregate Total: $ _ 100% bill back over $ _ Pharmacy -HIV Meds this Month: $ 42,017.77 See Attached Amount Due -May 2010 $ 42,017.77 June 29, 2010 Mr. Dan J. Lutzke, CSP, CDS, ARM, ARM-P St. Lucie County BOCC -Risk Manager 2300 Virginia Avenue Ft. Pierce, FL 34982 Dear Mr. Lutzke: This letter is to inform you that I have received PHS' invoice #PHS 0007800 dated June 18, 2010 for the amount of $42,017.77. It is the correct invoice amount for HIV Meds for the period of OS/O1/10 - 05/31/10. Please let me know if I can be of further assistance. Alliance Medical Management Invoice Number: PHS0007800 Prison Health Services, Inc. 105 Westpark Drive, Suite 200 Brentwood, TN 37027 1-800-729-0069 ext. 338 ID# 23-2108853 ST LUCIE COUNTY SHERIFF'S DEPT June 18, 2010 ATTN: TOBY LONG 4700 WEST MIDWAY ROAD FORT PIERCE, FL 34981 Customer Number: 1534B Aggregate CAP HIV Meds for the Period of May 2010 Amount Due: $42,017.77 Remit Payment To: Prison Health Services, Inc. 12464 Collection Center Drive Chicago, IL 60693 Payment Due Date: July 18, 2010 $42,017.77 Account Terms: NET 30 DAYS * * * PLEASE DOCUMENT IF INVOICE IS NOT PAID IN FULL * * * ITEM NO. VI-D1 DATE: 7120110 . ~ AGENDA REQUEST REGULAR ( ) ~.• PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO; BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. SUBMITTED BY: Public Works/Engineering Division County Engineer~~/}, SUBJECT: Gator Trace Boulevard t' BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board acceptance of the constructed road improvements and authorize the release of the remaining surety in the amount of $589.43 pursuant to Chapter 11.04.01 of the St. Lucie County Land Development Code. ~ COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Comm. Coward Absent CONCURRENCE: ~~ Faye W. Outlaw, MPA County Administrator ~j~ CoordinatioNSignatures Count Attorne (x) V d Count En ineer Y Y Y Daniel McIntyre Originating Dept. (x) ~~ ~~~ County Surveyor Wald West Finance Director (x ) S i Francis Gator trace blvd curb and median const end maintenance and release of surety.ag (x) /~~ Mlchael Powley Ronald Harris CtJC.i NTY F I. O R t D A TO: Board of County Commissioners Engineering Division MEMORANDUM . n THROUGH: Donald West, Public Works Director ~~~ ~~ ~~'v FROM: Michael Powley, County Engineer ~~~ DATE: July 20, 2010 SUBJECT: Gator Trace Boulevard ITEM NO. VI-D1 Background: The Gator Trace Master Association successfully constructed median improvements to Gator Trace Boulevard located north of Weatherbee Road and east of US-1. The required maintenance period of one year and thirty days was completed on June 19, 2010. The improvements have performed satisfactorily. Previous Action: September 27, 2007 - BOCC approved the Road Improvement Agreement with Gator Trace Master Association. May 19, 2009 - BOCC conditionally accepted the constructed improvements and approved the initiation of the maintenance period. Recommendation: Board acceptance of the constructed road improvements and authorize the release of the remaining surety in the amount of $589.43 pursuant to Chapter 11.04.01 of the St. Lucie County Land Development Code. ~.r~ ,, ~ t a u ~T ~ ~ !: L O R I D A CONCURRENCE: AGENDA REQUEST CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: - Public Works/Engineering Division SUBJECT: River Branch Estates Roadway Reconstruction project BACKGROUND: See attached memorandum. FUNDS AVAILABLE: County Capital Transportation Local Option Gas Tax No. 318-4113-563000-4702 PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of bid award to Lynch Paving & Construction Co., Inc. in the amount of $221,293 for construction of the River Branch Estates Roadway Reconstruction project and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED OTHER Approved 4-0 Comm. Coward Absent County Attorney (x) f,~ t Faye W. Outlaw, MPA County Administrator ITEM NO. VI-D2 DATE: 7120/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) PRESENTED BY: Michael Powley, P.E. County Engineer MY~ Coordination/Sianatures OMB Director Budget Analyst Daniel McIntyre Originating Dept. (x) M ~~ t3L Do ald West (x) ~ , Marie Gouin County Engineer (x) / "~p 8t~"'~- Michael Powley '~~ River Branch Estates Roadway Reconstruction Bid Award.ag Ct~t1NTY F I_ O R I D A TO: Board of County Commissioners Engineering Division MEMORANDUM THROUGH: Donald West, Public Works Director ~~~~~ ~/~ FROM: Michael Powley, County Engineer !~'~~~ DATE: July 20, 2010 SUBJECT: River Branch Estates Roadway Reconstruction project ITEM NO. VI-D2 Background: On May 18, 2010, nine bids were received in Purchasing for the River Branch Estates Roadway Reconstruction project. Lynch Paving & Construction Co., Inc. was the low bidder in the amount of $221,293. (Please see attached bid tabulation and spreadsheet Attachment A). This is a Local Preference project and Lynch Paving & Construction Co., Inc. is a local firm based out of Okeechobee County. River Branch Estates is a small subdivision located on the east side of 25th Street and south of Midway Road. The neighborhood's public roadways have deteriorated significantly since the initial construction was completed about 25 years ago. The project budget will be established as follows: Construction Contract $221,293 10% Contingency $22,129 Construction Materials Testing $16,151 Post Design and Permit Certification $13,265 $272,838 Previous Action: February 14, 2007 -Work Authorization No. 1 to Dunkelberger Engineering & Testing, Inc. in the amount of $5,700 for geotechnical and soil testing services. May 27, 2008 -Work Authorization No. 1 to Culpepper & Terpening, Inc. in the amount of $40,118 for professional engineering design services. Recommendation: Board approval of bid award to Lynch Paving & Construction Co., Inc. in the amount of $221,293 for construction of the River Branch Estates Roadway Reconstruction project and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment A BOARD OF COUNTY COMMISSIONERS '~ ; C O U n~T Y ' _F L O R ! D A' PURCHASING DEPARTMENT TABULATION SHEET -BID #10-023 RIVER BRANCH ESTATES ROADWAY RECONSTRUCTION PROJECT OPENED: MAY 18, 2010 AT 2:00 PM NINE (9) submittals were received for subject proposal: Total Bid Price LYNCH PAVING 8 CONSTRUCTION CO. INC. 503 NW 9 Street, Okeechobee, FL 34972 $ 243,422.30 Tei: 863-763-7373 Fax: 863-763-7379 S.P.S. CONTRACTING INC. 9015 AMERICANA Rd., Ste.#1 Vero Beach, FL 32966 $ 256,087.92 Tel: 772-778-4878 Fax: 772-778-2862 MELVIN BUSH CONSTRUCTION INC. 2748 SW Casella St., Port St. Lucie, FL 34953 $ 284,255.62 Tel: 772-336-0623 Fax: 772-336-0488 MANCIL'S TRACTOR SERVICES INC. 4551 SE Hampton Court, Stuart FL 34997 $ 334,364.14 Tel: 772-288-0951 Fax: 772-288-0983 JOBEARIWARDEN CONSTRUCTION 1950 Danr Dr., Palm Bay, FL 32905 $ 366,139.84 Tel: 321-723-3571 Fax:321-728-5619 SUNSHINE LAND DESIGN INC. 3291 SE Lionel Terrace, Stuart, FL 34997 $ 369,991.35 el: 772-283-2648 Fax: 772-283-8944 PRECISION PAVING AND EXCAVATION INC. 8430 Hidden Pines Road, Ft. Pierce, FL 34945 $ 397,233.65 Tel: 772-468-1313 Fax: 772-468-1071 RANGER CONSTRUCTION INDUSTRIES 4510 Glades Cut-Off Rd., Ft. Pierce, FL 34981 $ 410,572.60 Tel: 772-464-6460 Fax: 772-466-9559 GUETTLER BROTHERS CONSTRUCTION LLC 01 Whiteway Dairy Rd., Ft. Pierce, FL 34947 $ 420,180.20 Tel: 772-461-8345 Fax: 772-461-8039 Number of companies notified': 519 Number of bid documents distributed': 6T Number of bids received: 9 'per demandstar.com CHRIS DZADOVSKY, Dialrict No.t ~ DOUG COWARD, DistriU No. 2 ~ PAULA A. LEWIS, District No. 3 ~ CHARLES GRANDE, DistriG No. 4 ~ CHRIS CRAFT. District No. 5 County Administrator-FAME W. OUTLAW, MPA 2300 Virginia Avenue - Fori Pierce, FL 34982.5652 -Phone (772j 482-1700 - TDD (772)462-1428 Wetxite: www.co.sWutae.fl.us f ~ fJ C1 NT Y F L O R I D A ITEM NO. DATE: AGENDA REQUEST REGULAR VI-D3 7/20/2010 PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: CONSENT (X) BOARD OF COUNTY COMMISSIONERS PRESENTED B Barbara Guettler Public Works -Engineering MSBU Assistant The Grove, Indian River Estates, Palm Grove, Southern Oaks, and Meadowood Street Lighting Districts (SLDs) See attached memorandum. 101001-4115-549000:. 400 Advertising See attached memorandum. RECOMMENDATION: Board authorization to advertise Notice of Public Hearings for The Grove, Indian River Estates, Palm Grove and Southern Oaks SLDs and authorization to advertise a Revised Notice of Public Hearing for the Meadowood SLD to be held on August 24, 2010 at 9:00 a.m. or as soon thereafter as may be heard. COMMISSION ACTION: j~ APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Comm. Coward Absent CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) OMB Director (X) ' ~~/ Budget Analyst Daniel McIntyre Marie uin .n Originating Dept. (X) ~l0 'Z, ~ County Engineer (X) /~~~ Do ald West Michael Powley Public Works MEMORANDUM TO: Board of County Commissioners THROUGH: Donald B. West, Public Works Director rHV f ~ ~p2. ~ [~ FROM: Barbara Guettler, MSBU Assistant f~~ v Engineering DATE: July 20, 2010 SUBJECT: The Grove, Indian River Estates, Palm Grove, Southern Oaks, and Meadowood SLDs ITEM NO. VI-D3 Backs round: The County has 19 Street Lighting Districts (SLDs). Two of the districts were created in 2000 and are funded by non-ad valorem special assessments based upon equivalent dwelling units ("EDUs") whereby the cost of providing the street lighting services are allocated on a pro rata basis among the parcels which benefit from each district. The 17 other SLDs which were created prior to 1996 and were funded by ad valorem assessments based on property value. As a result of recent decreases in property value and increases in the cost of electricity, however the proceeds of the ad valorem assessments are no longer sufficient to fund the cost of providing street lighting services to the properties within these districts. Therefore, the Board has converted the method of assessment for four of the 17 ad valorem districts to ones based on EDUs and the actual cost of providing the service. The uniform method for collection of non-ad valorem assessments as set forth in Florida Statute 197.3632, is a fair and reasonable way to fund street lighting improvements. It is our intention to modify the remaining five SLDs from ad valorem based assessments to non-ad valorem based assessments before the end of the fiscal year. On June 8, 2010, the St. Lucie County Board of County Commissioners authorized advertising a public hearing to be held July 6th 2010 for the Meadowood SLD. As the July 6th meeting was cancelled it is necessary to advertise and mail a Revised Notice of Public Hearing to be held on August 24, 2010. July 20, 2010 Item No. VI-D3 Page 2 Previous Action: January 19, 1982 -Board adopted Ordinance No. 82-1, creating The Grove SLD. April 14, 1987 -Board approved Resolution No. 87-69, creating the Indian River Estates SLD. May 12, 1992 -Board approved Resolution No. 92-129, creating the Palm Grove SLD. March 28, 1995 -Board approved Resolution No. 95-54, creating the Southern Oaks SLD. March 10, 1987 -Board approved Resolution No. 87-21, creating the Monte Carlo SLD. December 12, 1989 -Board amended Resolution No. 87-21, changing the name of the Mont Carlo SLD to Meadowood SLD. June 8, 2010 -Board authorized advertising a Public Hearing for the Meadowood SLD to be held on 7/6/2010. December 8, 2009 -Board approved Resolution No's. 09-338, 09-340, 09-342, 09-343 and 09-344, stating its intent to use the uniform method of collection for non-ad valorem special assessments levied by The Grove, Indian River Estates, Palm Grove, Southern Oaks, and Meadowood SLDs. Recommendation: Board authorization to advertise Notice of Public Hearings for The Grove, Indian River Estates, Palm Grove and Southem Oaks SLDs and authorization to advertise a Revised Notice of Public Hearing for the Meadowood SLD to be held on August 24, 2010 at 9:00 a.m. or as soon thereafter as may be heard. t ~~.~: ~- 1 i .. 1 i -. ~_ ~, ITEM NO. VI-D4 DATE: 7/20/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E~, SUBMITTED BY: Public Works/Engineering Division County Engineer /ti'r' SUBJECT: Walton Road Widening (Village Green Drive to Lennard Road) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Federal Highway Administration-Florida Department of Transportation (FHWA-FDOT) 101112-4115-563000-41011, Transportation Trust-Impact - 101006-4116-563000-41011 Walton Road (Village Green Dr. to Lennard Rd.) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Change Order No. 2 to the contract with Sheltra & Son Construction Co., Inc. in the amount of $147,796.05 for Walton Road Widening (Village Green Drive to Lennard Road) and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Comm. Coward Absent CONCURRENCE: ~l Faye W. Outlaw, MPA County Administrator CoordinatioNSianatures County Attorney (x) OMB Director (x ) +')Sra ,,~, pr-,ti Budget Analyst Originating Dept. (x ) Daniel McIntyre V`~ Dona d West Marie Gouin County Engineer (x) ~''~~~ Michael Powley Walton VG-Lennard C02.ag Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Directory - FROM: Michael Powley, County Engineer Mir DATE: July 20, 2010 SUBJECT: Walton Road Widening (Village Green Drive to Lennard Road) ITEM NO. VI-D4 Backctround: The County's two Walton Road projects: Reconstruction from US-1 to Village Green Drive and Widening from Village Green Drive to Lennard Road were designed concurrently. Because of grant deadlines, the latter was bid while the former was still under construction. During the Reconstruction, it was realized that elements of the lighting plan were inadvertently omitted. These quantities were added to the first project via change order. That work is complete. Because the two projects were designed concurrently, this same omission occurred on both plan sets. It is therefore necessary to change order these quantities into the current Widening construction project. The attached Change Order No. 2 (Attachment A) in the amount of $147,796.05 is to add the omitted lighting quantities to the Widening project and also to modify the current Maintenance of Traffic layout on the east side of the Meadows development based on driver performance. Funds are available in the project contingency. Previous Action: December 20, 2005 -Board approved the contract to Inwood Consulting Engineers in the amount of $741, 483.77 for the design of Walton Road from Village Green Drive to Lennard Road. January 9, 2007 -First Amendment with Inwood Consulting Engineers in the amount of $78,336.07 for design modifications. November 20, 2007 -Second Amendment with Inwood Consulting Engineers in the amount of $31,654.83 for the PD&E update. February 17, 2009 -Fifth Amendment with Inwood Consulting Engineers in the amount of $63,251.05 for xeriscape and enhanced lighting. April 21, 2009 -Board approval of 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). June 2, 2009 -Board acceptance of Budget Resolution No. 09-171. August 11, 2009 -Sixth Amendment with Inwood Consulting Engineers in the amount of $25,000 to provide design services, including closing out our regulatory permits at the conclusion of construction for Walton Road (Village Green Drive to Lennard Road). December 15, 2009 -Board approval of the LAP Agreement Supplemental 1 with FDOT to increase the original agreement with additional funding in the amount of $153,640 for widening and landscape enhancement to Walton Road Widening (Village Green Drive to Lennard Road). Engineering Memorandum Page 2 July 20, 2010 VI-D4 December 22, 2009 -Board approval of bid award to Sheltra & Son Construction Co., Inc. in the amount of $3,747,868.52 for construction of Walton Road Widening (Village Green Drive to Lennard Road). March 16, 2010 -Approval of Change Order No. 1 to incorporate FHWA forms into contract. Recommendation: Board approval of Change Order No. 2 to the contract with Sheltra & Son Construction Co., Inc. in the amount of $147,796.05 for Walton Road Widening (Village Green Drive to Lennard Road) and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment A CHANGE ORDER ST. LUCIE COUNTY PROJECT: Walton Rd. Widening (Village Green Dr. (name, address) to Lennard Rd.) TO (Contractor): Sheltra 8 Son Construction Company, Inc. P O Box 336 Indiantown, FL 34956 You are directed to make the following changes in this Contrail: (Additional sheet attached as Exhibit A -Yes) SEE ATTACHED EXHIBIT "A" (FHWA Form 1273) CHANGE ORDER NUMBER: 2 INITIATION DATE: 6129110 CONSULTANT'S PROJECT NO.: NIA ST. LUCIE COUNTY CONTRACT NO: C09-12-650 CONTRACT DATE: 12/22/09 The original (Contrad Sum) was ........................................................................................................................... $3,747,868.52 Net change by previous authorized Change orders ............................................................................................................... $-0- The (Contrad Sum) prior to this Change Order was ............................................................................................. $3,747,868.52 The (Contrad Sum) will be increased by this Change Order ............................................................................................................................................... $147,796.05 The new (Contrad Sum) inGuding this Change Order will be .............................................................................. $3,895,664.57 The Contrad Time will be unchanged by ..................................................................................................................( -0-)Days The Date of Substantial Completion as of the date of this Change Order therefore is: 8/17/11 Funds Available: Account Number 101112-4115-563000-41011 & 101006-4116-563000-41011 The adjustment in Contrad Price and/or Contrad Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contrad. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contrail price ortime as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contrad Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contrad, and that ConVactor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the Contrad specfications. Recommended: St. Lucie Countv. Engineering Division ArchitecUEngineer 2300 Virginia Ave. Ft. Pierce. FL 34982 Address 6/29/10 By: Kyle Croce, P.E., Sr. Project Engr. Date Agreed To: Contractor Address gy; Date Approved: Public Works Department St. Lucie County Department 2300 Virginia Ave.. Ft. Pierce. FL 34982 Address 6/29/10 By: Donald B. West, P.E. PNV Dir. Date Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 gy: Date Approved as to Form and Correctness County Attorney 0 a A r N O C O .~ G O U r 'a ~ O ~O ~ ~ ~ a L a~ _ c ~ •_ ~ ~~ L v '~ Q C O d V ,,L^ ~ ~ r"' V ; N ~ ~ p ~ ~ ~_ C A ?~ "' ~ o m y LL .a w w c d O N ~ N # N N W ~ O ~ O ~E o ._ W ` ~a O R U ~ C U Z ~ O .~ N Q ` .O = ~ V Z a` V v z° a 0 so a~ ~ N p 0 C M O O 0 O 0 ~ ~ O 0 1~ r .~ fi d C CO co N N v co v to y, ~ O ~ M ~ ~ O _ to O N ~ fR b'! ~ _ b9 EA ~ ~ _ ~ E/~ O O O ~ O ~ N O O OOi aN0 O O O ~ p r ~ ~ N r N ~ ~ ~ N J Q EA N fA EA EA ~ ~ ~ ~ EA O ~ H ~ ~ ~ ~ p' C ~ M r 3 ~ v ~ r r W (~ v ~„~ O M O e- L J J J J J W W W W D .. 0 - 0 Z' ~ j ~' O w„ O lp O O {p y -O ~ Z ? ? C ` C p) N ~ ` f 0 C ~ N ~ ~ ~ ~ ~ ca ~ ca m ~ U .-. ~ - ''' ~ ~ Y ~ N N ~ Y ~ a i ~ o ~ ~ ~ ti 3 ~ .. ~ m ~ X N LL LL LL C m ~ o ~ U c 3 _ ~ a o o ~ a m a~ ~ ~ ~ c c c ~ ~ v ~ t ~ t ~ 0 O O O Cf J ~ H U J ~ fn U U J J O ~ O Of ~ O O) F- C C C C C C C C t L t L t t L L rn rn rn rn rn rn rn Mtltl C O ~ J J J J J J J J ~ ~. i 'm' i N ~ ~ M ~ ~ ~ ~ > ~ N ~ ~ ~ ~ N ~ r r r f~ ~ ~ r N f f N to to ~ ~ t!> ~ ~ ~ ~ S O ~ ~ M r r ~ r ~- . ao _ ~ ~ co r~ r~ r~ i• ~ ITEM NO. VI-D5 L _ ~ = !~ DATE: 7/20/10 AGENDA REQUEST REGULAR ( ) TO: SUBMITTED BY: BOARD OF COUNTY COMMISSIONERS Public Works/Engineering Division Angle Road Sidewalk Project (Phases II and III) CONSENT (X ) SUBJECT: BACKGROUND: FUNDS AVAILABLE: See attached memorandum. PUBLIC HEARING ( ) LEG. ( ) GIUASI-JD ( ) PRESENTED BY: Michael Powley, P.E. County Engineer h~~~ Construction - 318-4113-563000-4702; Soil Testing - 318-4113-563009-4702; Inspection - 315-4113-563012-4702 County Capital Transportation Bond-Local Option Gas Tax PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval to reject the contract with H8~D Construction Co., Inc. and authorization for staff to rebid the Angle Road Sidewalk Project (Phases II and III). COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) DENIED ( ) OTHER ~~ Approved 4-0 Comm. Faye W. Outlaw, MPA Coward Absent County Administrator Coordination/Signatures ,/fin q County Attorney (x) OMB Director (x) ~ 1 t~~l Daniel McIntyre Budget Analyst Marie Gouin Originating Dept. (x) County Engineer (x) ~~j ~a •yl Do Id West Michael Powley ~t 1~ Angle Sidewalk reject H&D & rebid.ag Engineering Division ~_~-~~ • ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director ~, FROM: Michael Powley, County Engineer /(~~~ DATE: July 20, 2010 SUBJECT: Angle Road Sidewalk Project (Phases II and III) ITEM NO. VI-D5 Background: Bids for the Angle Road Sidewalk Project (Phases II and III) were opened on January 12, 2010. The low bidder was H&D Construction Co., Inc. in the amount of $493,022. The project was awarded to them by the Board on February 9, 2010. A preconstruction meeting was held shortly thereafter on February 25. As this was a Local Stimulus project, the contractor requested additional time to review the Ordinance provisions with his staff as well as with his subcontractors. Meanwhile, as the Local Stimulus provisions were being reviewed by the contractor, County staff became aware of reports of non-payment by subcontractors involved on other County H&D Construction projects nearing completion. We were concerned that this behavior would likely occur on this new project as well. Hard questions were posed to H&D Construction. Shortly thereafter communication from them ceased. Before aNotice-to-Proceed could be released, H&D Construction announced they were having trouble securing the required Public Construction bond and asked to be let out of the Angle Road Sidewalk Project. They accompanied their attorney to a meeting with the County Attorney to discuss their predicament. The company has since closed its doors. H&D Construction Co., Inc. is no longer a viable company; therefore staff is requesting permission to rebid the Angle Road Sidewalk Project (Phases II and III). Previous Action: May 10, 2005 -Award of Work Authorization No. 2 to Inwood Consulting Engineers (ICE) in the amount of $49,920.55 for the survey and preliminary design of the project. July 25, 2006 -Award of Work Authorization No. 5 to ICE for $102,795 for final design. April 24, 2007 -First Amendment to Work Authorization No. 5 (Contract C03-09-708) with ICE for $7,500 for a signal warrant study at Angle Road and Avenue Q. September 4, 2007 -Second Amendment to Work Authorization No. 5 (Contract C03-09-708) with ICE for $3,890 for the preparation of a Local Agency Program Categorical Exclusion report. March 18, 2008 -Third Amendment to Work Authorization No. 5 for a time extension. May 13, 2008 -Fourth Amendment to Work Authorization No. 5 with ICE for contamination site assessments for $24,190 and a time extension through June 30, 2009. September 16, 2008 -Fifth Amendment to Work Authorization No. 5 with ICE for additional design for the Avenue D Extension for $18,065. February 17, 2009 -Sixth Amendment to Work Authorization No. 5 with ICE for additional design in the ~ Engineering Memorandum July 20, 2010 Item No. VI-D5 Page 2 amount of $2,220. September 9, 2009 -County Administrator approved the Seventh Amendment to Work Authorization No. 5 for a time extension through February 28, 2010. October 20, 2009 -Eighth Amendment to Work Authorization No. 5 with ICE for $18,075 for the Angle Road Sidewalk Project (Phase III - Avenue D Extension). February 9, 2010 -Board approval of bid award to H&D Construction Co., Inc. in the amount of $493,022 for construction of the Angle Road Sidewalk Project, Work Authorization No.1 with Stanley Consultants, Inc. in the amount of $245,558.54 for construction management services, Work Authorization No. 38 with Dunkelberger Engineering & Testing, Inc. in the amount of $25,000 for soil testing services, establish the project budget. Recommendation: Board approval to reject the contract with H&D Construction Co., Inc. and authorization for staff to rebid the Angle Road Sidewalk Project (Phases II and III). ITEM NO. VI - D6 DATE: 7/20/2010 . , AGENDA REQUEST REGULAR ( ) PUBLIC HEARING LEG. ( ) QUASI~JD ( ) CONSENT (X ) TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: BOARD OF COUNTY COMMISSIONERS Public Works -Administration Local Agency Program (LAP) Recertification See attached memorandum. N/A N/A PRESENTED BY: Donald B. West ~ . Public Works Dir or RECOMMENDATION: Board approval of Local Agency Certification Qualification Agreement with Florida Department of Transportation and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ¢y. APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Comm. Coward Absent Faye W. Outlaw, MPA County Administrator CoordinationlSignatures County Attorney ( ) _~ ,q,~nsr OMB Director Dan McIntyre Originating Dept. ( ) ERD Don Id B. West j~ 1 ` ( ) Marie Go n ~ :3 C o u NT y ~ F L O R I D A- -~ Public Works Department MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West, Public Works Director DATE: July 20, 2010 SUBJECT: Local Agency Program (LAP) Recertification ITEM NO. VI - D6 Back~tround: The Florida Department of Transportation District 4 Office is currently recertifying all local agencies in the LAP program. Recertification is required every three years or at the discretion of the LAP Administrator. In order to maintain St. Lucie County's LAP Certification, and continue to receive federal funds for Public Works projects, the Local Agency Certification Qualification Agreement (form 525-010-33) must be completed. Recommendation: e Board approval of Local Agency Certification Qualification Agreement with Florida Department of Transportation and authorization for the Chairman to sign documents as approved by the County Attorney. i STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-Ot 0-33 LOCAL AGENCY CERTIFICATION QUALIFICATION AGREEMENT PRODUCTION SUPPORT 03!09 Page 1 of 3 LOCAL AGENCY St. Lucie County The noted Local Agency hereby agrees to comply with the following requirements when developing all projects on and off the Federal-aid Highway System: The Local Agency Program (LAP) Manual and all policies and guidelines promulgated by the State of Florida Department of Transportation (Department) which accomplish the policies and objectives set forth in Title 23, U.S.C., Highways and the Regulations issued pursuant thereto. The overall approval authorities and conditions will be as follows: a. The project design will be reviewed and approved by the following State of Florida registered Professional Engineer (s). County Engineer or Assistant County Engineer or Sr. Proiect Engineer Position Title (s) Only b. The hearing's findings (if required) will be reviewed and approved by the following official(s). County Engineer or Assistant County Engineer Position Title(s) Only c. The contract plans, specifications, and estimate of cost will be reviewed and approved by the following State of Florida registered Professional Engineer (s). County Engineer or Assistant County Engineer or Sr. Proiect Engineer Position Title (s) Only d. Agreements will be signed by the following responsible local official(s). (1) Railroad Chairman-Board of County Commissioners or County Administrator Position Title (s) Only (2) Utility Chairman-Board of County Commissioners or County Administrator Position Title (s) Only (3) Consultant Chairman-Board of County Commissioners or County Administrator Position Title (s) Only (4) Technical Services Chairman-Board of County Commissioners or County Administrator Position Title (s) Only The award of contract will be signed by the following responsible official. Chairman -Board of County Commissioners Position Title (s) Only STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-33 LOCAL AGENCY CERTIFICATION QUALIFICATION AGREEMENT PRODUCTION SUPPORT 03109 Page 2 of 3 The following person or persons will be the Disadvantage Business Enterprise (DBE) Liaison Officer, Title VI Officer, Equal Employment Opportunity(EEO)/Affirmative Action Officer, and Americans with Disabilities Act (ADA) Coordinator. One person may serve in all four positions or a separate person in each position. Dan Lutzke. Risk Manager, (772) 462-1783 Name Position Title Contact Information Dan Lutzke Risk Manager (7721462-1783 Name Position Title Contact Information Dan Lutzke Risk Manager (7721462-1783 Name Position Title Contact Information Dan Lutzke Risk Manager (7721462-1783 Name Position Title Contact Information g. All projects will be designed and constructed in accordance with the requirements of the LAP Manual. h. The Contract Administration will be supervised by the following State of Florida registered Professional Engineer. Public Works Director Position Title Only Construction Administration and Material Sampling and Testing will be accomplished in accordance with the requirements of the LAP Manual. 3. The Local Agency agrees that it has the means to provide adequate expertise and will have support staff available to perform the functions being subdelegated. The support staff may include consultant or State services. 4. The Local Agency agrees to submit the names of the approving authorities noted in Section 2 above with each project prospectus. 5. All projects under Local Agency Certification shall be available for review by the Federal Highway Administration (FHWA) and the Department at any time. All project documents shall be retained and available for inspection during the plan development and construction stages and for athree-year period following acceptance of the project by FHWA. 6. The Department's District LAP Administrator's approval of the Local Agency Certification may be rescinded at any time upon request by the Local Agency or if in the Department's District LAP Administrator's opinion, it is necessary to do so. The rescission may be applied to all or part of the functional areas or projects approved in the Local Agency Certification. 7. The Local Agency must receive a Recertification of Qualification after a period of three years of inactivity or at the discretion of the Department's District LAP Administrator. Failure to receive a Recertification of Qualification and/or unsatisfactory performance by the Local Agency will result in a Decertification of Qualification. Mayor or Chairman or Designee Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-33 LOCAL AGENCY CERTIFICATION QUALIFICATION AGREEMENT PRODUCTION SUPPORT 03/09 Page 3 of 3 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION The Local Agency is certified in the following functional areas: ^ Planning ^ Environmental Documentation ^ Design ^ Consultant Selection ^ Bid and Award Project ^ Right of Way Documentation Approved By: District Secretary or Designee ^ Construction Administration Date ~1 ITEM NO. VI-E DATE: 07/20/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI~JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Faye W. Outlaw, M.P.A. SUBMITTED BY: Administration County Administrator SUBJECT: Economic Development Council Third Quarter Invoice BACKGROUND: See attached memorandum FUNDS AVAILABLE: 001-1515-582000-100 -Aid to Private Organization $50,000 666-1515-582000-100 -Aid to Private Organization $12,500 PREVIOUS ACTION: See attached memorandum RECOMMENDATION: Board acceptance of the Third 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. COMMISSION ACTION: ~ APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Comm. Coward Absent County Attorney ( ) Daniel McIntyre Originating Dept. ~ ERD Faye W. Outlaw, M.P.A. CONCURRENCE: ~J Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures OMB Director Budget Analyst ( ) Marie Gouin Patty Marston ( ) (Name) Administration ~ MEMORANDUM 10-030 TO: Board of County Commissioners FROM: Faye W. Outlaw, County Administrator DATE: July 20, 2010 SUBJECT: Economic Development Council Third Quarter Invoice ITEM NO. VI-E Background: The Board of County Commissioners entered into a contract on January 19, 2010 (C10-01- 006) agreeing to disburse a grant, in the amount of $250,000, to the Economic Development Council of St. Lucie County for FY 2009-2010. Therefore, attached is a copy of the Third Quarter Activities Report, as well as Invoice #1915, in the amount of $62,500. Recommendation: Staff recommends acceptance of the Third Quarter Activities Report from the Economic Development Council of St. Lucie County, and authorization for disbursing payment in the amount of $62,500 toward the matching grant. FV110Cdp 10-030 cc: Lee Ann Lowery, Assistant County Administrator Dan McIntyre, County Attorney Marie Gouin, Management and Budget Director Attachments E econronnrc oEVEto~nnavr couwu~ of sr. wcie coueTr ®®®~© Bill To St. Lucie County Faye Outlaw 2300 Virginia Avenue Fort Pierce, FL 34982 Invoice Date Invoice # 6/4/2010 2157 Due Date 7/ 1 /2010 Quantity Description Rate Amount 3rd Quarter Fiscal Year 2009-2010 -April 2010 -June 2010 62,500.00 62,500.00 RE EIVED .~ ~J i~ ~ ~ ~ I~ F u CO. AD NISTRATION Thank you for your prompt payment. $62,500.00 Tots ~ If you have questions concerning your invoice, please contact 772-879-4144. • Miscellaneous -fielded calls and email requests from small businesses and entrepreneurs looking for assistance to grow their companies to the Small Business Development Center, IRSC, Workforce Solutions, etc. Economic Gardening - In collaboration with Florida's Research Coast Economic Development Coalition the "Economic Gardening" pilot project, to grow existing businesses and who meet specified criteria for high- potentialgrowth. The coalition has a targeted goal of growing 150 jobs over four-county region during its one- yeargrant. Research Coast partners and IRSC co-sponsored two regional summits: "Renewable & Alternative Energy Forum" in May 2010 with over one hundred attendees; and in June, 100+ attended the "Research Coast: Leading the Way for Research & Innovation". St. Lucie County submitted names of eight businesses to take advantage of a copywriter's assistance with a company profile/advertorial, to be used as part of their marketing/media package and/or for them to submit to industry publications. MEMBER RELATIONS: The EDC continues to partner with Indian River State College's Corporate and Community Training Center Entrepreneur Development Institute to offer monthly Learn @ Lunch seminars. Presentations are given by EDC members and area experts on topics to help local businesses and entrepreneurs overcome challenges of opening and operating a successful business. COMMUNICATION & EVENTS: The EDC continued to host monthly membership luncheons and "Coffee Talks," in which local leaders are invited to speak and interact with its members and the business community. Guest speakers have included elected officials, city managers, county administrators, and local business leaders. Also, the EDC has hosted representatives from Enterprise Florida, Inc. multiple times in an effort to obtain more project leads and foster the county's relationship with the state's head economic development agency. The EDC continued to be actively involved in the research park by attending TCERDA monthly meetings and participating in TCERDA events. In addition, the EDC participated in the monthly Treasure Coast Council of Local Governments to keep them updated on EDC activities. Economic Development Council of St. Lucie County, Inc. 1850 SW Fountainview Boulevard, Suite 205, Port St. Lucie, FL 34986 (772) 879-4144 Office (772) 879-7477 Fax contact(dlYourEDC.com www.YourEDC.com ITEM NO. VI-F DATE: 07/20/10 COMMISSION ACTION: ~. APPROVED ( ) DENIED ( ) OTHER REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) Approved 4-0 Comm. Coward Absent CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Steve Fousek ~ ~~ SUBMITTED BY: Environmental Resources Department, Environmental Lands Environmental Regulations and Lands Division Coordinator SUBJECT: U.S. Fish and Wildlife Service's FY 2010 Cooperative Endangered Species Conservation Fund Habitat Conservation Planning Assistance Program - Acceptance of Grant BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A ( X) PREVIOUS ACTION: September 1, 2009 - BOCC approval of grant application RECOMMENDATION: Board authorization to accept a grant from the U.S. Fish and Wildlife Service's FY 2010 Cooperative Endangered Species Conservation Fund Habitat Conservation Planning Assistance Program in the amount of $286,298, and authorization for the Chairman to sign documents as approved by the County Attorney. County Attorney (X ) AGENDA REQUEST CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director ~~ „~ 0 a-h Budget Analyst Daniel McIntyre k~~ 40~ Originating Dept. (X) Finance Smith cX) 1 Ta onna J nson/ Marie Gouin cX) ~' Shai ancis Environmental Resources Department MEMORANDUM TO: Board of County Commissioners THROUGH: Karen Smith, Environmental Resources Department Director FROM: Steve Fousek, Environmental Lands Coordinato~~ Yvette Alger, Sr. Environmental Planner DATE: July 20, 2010 SUBJECT: U.S. Fish and Wildlife Service's FY 2010 Cooperative Endangered Species Conservation Fund Habitat Conservation Planning Assistance Program -Acceptance of Grant ITEM NO. VI-F Background: The purpose of this memorandum is to recommend acceptance of a Habitat Conservation Planning (HCP) Grant awarded to St. Lucie County on April 12, 2010. On September 1, 2009 the Board approved a grant application to the U.S. Fish and Wildlife Service's FY2010 Cooperative Endangered Species Conservation Fund HCP Assistance Grant Program for $286,298. The grant is a partnership between St. Lucie County and Indian River County, with grant and contract management to be covered by Indian River County. The grant requires a 25% in-kind match. Grant funds will be used to hire a consultant who will perform the following tasks: 1) Coordinate with stakeholders and experts to guide the planning effort; 2) Review literature and other existing data on the conservation status of listed species; 3) Perform field surveys and create a GIS database and maps; 4) Identify priority habitats for preservation and assess habitat management needs; and 5) Make recommendations to the County on future approaches for listed species protection and habitat mitigation. Regardless of whether an HCP is ultimately established, the grant deliverables will provide the County with the information and tools needed to avoid, minimize, and mitigate listed species impacts. After this grant term is complete, the County may apply for additional grant funding to evaluate alternatives for permitting of impacts to listed species and their habitats. Alternatives may include continuation with the current permitting process, establishment of a County-wide HCP, or establishment of a regional HCP. The grant is for planning purposes only, and it does not obligate St. Lucie County to implement an HCP. The benefits of an HCP, if ultimately implemented by the County, would include: 1) Expedited permitting for County capital improvement projects, economic development, and private development projects; `. 2) Direction of federal and state mitigation funds to within the County; and 3) A comprehensive planning tool and data used to ensure that future development avoids and minimizes impacts to listed species habitat. After intensive discussion with the federal and state granting agencies, St. Lucie County staff was able to negotiate the following terms to lessen the impact of the in-kind staff contribution on existing workloads: 1) St. Lucie and Indian River Counties may apply for grant extensions for up to three years to complete the work; 2) Indian River County will manage the grant contract; 3) The project scope can be divided into manageable tasks, each with its own deliverable; and 4) Volunteer technical advisory board time may be utilized toward the in-kind match. If staffing decreases and St. Lucie County is unable to continue work on the grant, funding for Indian River County would continue and completed deliverables would be reimbursed and retained by Indian River and St. Lucie counties. Recommendation Board authorization to accept a grant from the U.S. Fish and Wildlife Service's FY 2010 Cooperative Endangered Species Conservation Fund Habitat Conservation Planning Assistance Program in the amount of $286,298, and authorization for the Chairman to sign documents as approved by the County Attorney. ITEM NO. VI-F2 DATE: 7/20/10 COMMISSION ACTION: PUBLIC HEARING ( ) LEG. ( ) QUASI~JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B ,; Karen L. Smith SUBMITTED BY: Environmental Resources Department Director, ERD SUBJECT: Draft Ordinance No. 10-015 -Multi-purpose paths and greenways & trails BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Not applicable. PREVIOUS ACTION: None. RECOMMENDATION: Board approval of permission to advertise for two public hearings for Draft Ordinance No. 10-015 to amend the Land Development Code to include requirements for multi-purpose paths and greenways & trails. ~ APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Comm. Coward Absent AGENDA REQUEST REGULAR ( ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/S iq n atu res County Attorney ( ) OMB Director ~~ ~R psr. Budget Analyst Dan aclntyre Originating Dept. ( ) ~ Public Works Kare .Smith, ERD ( ) Mari ouin Tawanna Johnson ( ) D n West Environmental Resources r-` Department MEMORANDUM TO: Board of County Commissioners THROUGH: Lee Ann Lowery, Assistant County Administrator FROM: Karen L. Smith, Environmental Resources Department Directo DATE: July 20, 2010 SUBJECT: Draft Ordinance No. 10-015- Multi-purpose paths and greenways & trails. ITEM NO. VI-F2 Background: St. Lucie County's Comprehensive Plan directs the County to enhance its transportation system and recreational opportunities by implementing the St. Lucie County Bicycle, Pedestrian, Greenways and Trails Master Plan. The purpose of the plan is to provide a network of routes for non-motorized travel throughout St. Lucie County that improve the quality of life, connect the area's unique natural features, and link communities. One of the principal intents of the Bicycle, Pedestrian, Greenways and Trails Master Plan is to connect public lands that St. Lucie County has purchased through the Environmentally Sensitive Lands Program. Draft Ordinance No. 10-015 codifies implementation of the St. Lucie County Bicycle, Pedestrian, Greenways and Trails Master Plan by amending the Land Development Code as follows: 1. Section 2.00.00 "Definitions" to include Multi-Purpose Path and Greenways and Trails; 2. Section 7.05.04 "Sidewalks and Bikeways" to include: a. requirements for sidewalks and multi-purpose paths in rights-of-way of streets and roadways, interior residential streets and arterial and collector roads; specifications; responsibility for cost of design, construction and maintenance; and provides for a fee-in-lieu; b. requirements for Bike Lanes adjacent to arterial and collector roads, interior streets and roads and dedication; c. requirements for Greenways and Recreational Trails for developments and trails identified in the Master Plan; defines rational nexus; defines exemptions and provides for afee-in-lieu and criteria; and d. requirements for Bicycle Racks and specifications; defines time of construction and maintenance requirements. Recommendation Board approval of permission to advertise for two public hearings for Draft Ordinance No. 10-015 to amend the Land Development Code to include requirements for multi-purpose paths and greenways & trails. ORDINANCE NO. 10-015 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 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 2.00.00 ("DEFINITIONS") TO ADD A DEFINITION FOR "GREENWAYS AND RECRATIONAL TRAILS"; AMENDING SECTION 2.00.00 TO AMEND THE DEFINITION OF "MULTI-USE PATH" TO READ "MULTI-PURPOSE PATH" AND TO CLARIFY THAT PATHS IDENTIFIED AS GREENWAYS AND RECREATIONAL TRAILS, TRAILS WITHIN CANAL RIGHTS-OF-WAY, ON THE COUNTY BICYCLE, PEDESTRIAN GREENWAYS AND TRAII.S MASTER PLAN MAY BE CONSIDERED AS MULTI-PURPOSE PATHS; AMENDING SECTION 7.05.04 TO CLARIFY WHEN SIDEWALKS OR MULTI-PURPOSE PATHS ARE REQUIRED; AMENDING SECTION 7.05.04 TO ADD A SEPARATE SECTION ON REQUIREMENTS FOR GREENWAYS AND RECREATIONAL TRAIL FOR NEW DEVELOPMENT IN UNINCORPORATED ST. LUCIE COUNTY; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-03 -March 14, 1991 91-21 -November 7, 1991 93-O1 -February 16, 1993 93-OS -May 25, 1993 93-07 -May 25, 1993 94-18 -August 16, 1994 95-01 -January 10, 1995 97-01 -March 4, 1997 97-03 -September 2, 1997 99-02 -Apri16, 1999 99-04 -August 17, 1999 99-15 -July 20, 1999 99-17 -September 7, 1999 00-10 -June 13, 2000 00-12 -June 13, 2000 01-03 -December 18, 2001 02-09 -March 5, 2002 02-29 - October 15, 2002 91-09 -May 14, 1991 92-17 -June 2, 1992 93-03 -February 16, 1993 93-06 -May 25, 1993 94-07 -June 22, 1994 94-21 -August 16, 1994 96-10 -August 6, 1996 97-09 -October 7, 1997 99-01 -February 2, 1999 99-03 -August 17, 1999 99-OS -July 20, 1999 99-16 -July 02, 1999 99-18 -November 2, 1999 00-11 -June 13, 2000 00-13 -June 13, 2000 02-OS -June 24, 2002 02-ZO - October 15, 2002 03-05 - October 7, 2003 52 04-02 -January 20, 2004 04-07 - Apri120, 2004 53 04-33 -December 7, 2005 OS-O1 -March 15, 2005 54 OS-03 -August 2, 2005 OS-04 -August 2, 2005 55 OS-07- January 18, 2005 OS-16 -August 16, 2005 56 OS-23 -September 20, 2005 Ob-OS -April 18, 2006 57 06-13 -June 6, 2006 06-22 July 18, 2006 58 06-30 -September 12, 2006 06-40 -August 1, 2006 59 06-47 -December 5, 2006 07-11 -February 6, 2007 60 07-15- May 1, 2007 07-17 -June 5, 2007 61 07-32 -November 6, 2007 08-04 -March 11, 2008 b2 08-08- June 17, 2008 08-012 -September 9, 2008 63 08-025-September 16, 2008 09-003 -January 20, 2009 64 09-013- May 19, 2009 65 66 67 3. On ,the Local Planning Agency/Planning and Zoning Commission held a 68 public hearing on the proposed ordinance after publishing notice in the St. Lucie News Tribune at least 10 69 days prior to the hearing and recommended that the proposed ordinance be approved. 70 71 4. On ,this Board held its first public hearing on the proposed ordinance, after 72 publishing a notice of such hearing in the St. Lucie News Tribune on 73 74 5. On ,this Board held a second public hearing on the proposed ordinance, after 75 publishing a notice of such hearing in the St. Lucie News Tribune on 76 77 6. The proposed amendments to the St. Lucie County Land Development Code are 78 consistent with the general purpose, goals, objectives and standards of the St. Lucie County 79 Comprehensive Plan and are in the best interest of the health safety and public welfare of the citizens of 80 St. Lucie County, Florida. 81 82 7. This Ordinance is a clarification of existing law. 83 84 NOW, TIIEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie 85 County, Florida: 86 87 PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUC1E COUNTY LAND DEVELOPMENT 88 CODE TO READ AS FOLLOWS, INCLUDE: 89 90 Section 2.00.00 "Definitions" is amended as follows: 91 92 Greenways and Recreational Trails- A Qath within public rights-of--way or private property used by 93 pedestrians equestrians and bicyclists The math shall be ten (10) to twelve (12) feet wide, cleared of 94 exotics and stabilized but not hardened The Bicycle Pedestrian Greenwavs and Trails Master Plan 95 illustrates the conceptual locations of trails and does not show trails on specific properties m specific 96 locations The final trail location may be subiect to change as updated or at the recommendation of the 97 Environmental Resources Department (ERD) Director. 98 99 100 Multi-Purpose use Path: A ~y hardened path (asphalt, concrete or other impervious surface) {ten 101 (10) to twelve (12) feet wider and physically separated from the motorized vehicular traffic by an open 102 space or barrier and either within ~}~ up blic rights-of-way or private property 103 ~. Multi- purpose use paths may be used by pedestrians, skaters, and joggers as well as bicyclists. 104 Greenways and Recreational Trails and trails within canal rights-of--way as identified in the conceptual 105 Bicycle, Pedestrian, Greenways and Trails Master Plan may be considered multi-purpose paths when 106 connecting to an existing or planned multi-purpose path. The BicYCle, Pedestrian, Greenways and Trails 107 Master Plan shows conceptual locations of paths and does not show paths on specific properties in 108 specific locations. The final path location may be subject to change as updated or at the recommendation 109 of the County En ineer. 110 111 Section 7.05.04 "Sidewalks and Bikeways" is amended to read as follows: 112 113 7.05.04 Sidewalks a~-l3ikevvfrys, Bike Lanes, Multi-Purpose Paths and Greenways and 114 Recreational Trails 115 116 A. Sidewalks and Multi-Purpose Paths 117 118 1. Right-of--way of Streets and Roadways 119 120 ~ a. Within the Urban Service Boundary, all new non-residential developments, regardless of 121 whether they are required to obtain site plan approval, and gall new residential developments that are 122 required to obtain site plan approval '°°°+°a ,°~*'~~~ *~° r,_t~.,.. c°n.;,.° n,.,,.,a,,..,..,..a „» 123 124 shall design and construct sidewalks or multi-purpose baths within the 125 right-of--way of all streets and roadways that abut or lie within the perimeter of the property. 126 127 b. If sufficient ri t-of--way does not exist, the applicant shall dedicate additional right-of--way to 128 provide the multi-purpose paths or sidewalks. 129 130 c. The County Engineer may recommend an easement in lieu of ri t-of--way subject to the 131 acceptance by the St. Lucie County Board of County Commissioners. 132 133 2. Interior Residential Streets 134 135 Sidewalks and/or multi-purpose paths shall be required on all interior residential streets of all 136 residential develoQments, located within or outside of the Urban Services Boundary. 137 138 3. Arterial and Collector Roads 139 140 Sidewalks or multi-purpose paths ma b~quired along arterial and collector roads outside the 141 Urban Service Boundary at the recommendation of the County Engineer based on the conceptual 142 Bicycle, Pedestrian, Greenways and Trails Master Plan, as it ma~pdated. Outside of the 143 USB, the followin improved roads shall be considered minor arterial or collector roads: 144 145 a. Okeechobee Road 146 b. Orange Avenue 147 c. Sneed Road 148 d. Shinn Road 149 e. Header Canal Road 150 f. Rangeline Road 151 g. Glades Cut-off Road 152 153 4. Specifications 154 155 a. ~ New sidewalks must be a minimum of six (b) feet wide along streets classified as collectors 156 and arterials. 157 b Multi purpose oaths must be a minimum of ten (10) feet wide along streets classified as 158 collectors and arterials. 159 160 3- c. L~a~ Sstreet requirements are based upon local needs and existing conditions. 15eea-1 161 Sstreets shall have sidewalks six 6 ~ feet wide along one (1) or both sides of the street as deemed 162 necessary during the County's development review process. 163 164 4-d. All new sidewalks or multi-purpose paths shall be constructed of concrete, brick pavers or 165 other materials acceptable to the County En i~~neer ~+. T ""'° '-'"""~'`• All construction must conform to 166 Florida Department of Transportation and/or St. Lucie County standards. 167 168 a. e. All sidewalks on internal private roads shall connect with an existing or manned t#~e 169 sidewalks or multi-purpose path in the abutting public right-of--way or public access easement. 170 171 ~ f The County Engineer may authorize a modification in sidewalk or multi-purpose path width 172 to protect existing trees or to accommodate existing utilities. In no case shall sidewalks be less than four 173 (4) feet. 174 175 176 177 ' 178 ~ ~ Sidewalks shall be constructed around the perimeter of a cul-de-sac. 179 180 e. h. All sidewalks multipurpose paths and associated ramps shall conform to the latest 181 requirements published in the most recent edition of the Americans With Disabilities Act (ADA) 182 Accessibility Guidelines. 183 184 5. Cost 185 186 €: a. Except as~rovided in subsection b, below, the developer shall mill bear the full cost for 187 ~ermittinQ, design and construction of the sidewalk or multi=purpose path. 188 189 b The County_Engineer may authorize the developer nay a proportional fair share cost of 190 the construction of a sidewalk or multi-purpose path where a disproportionate burden to the developer 191 may exist as determined by the County Engineer. 192 193 6. Maintenance 194 195 a. Sidewalks or multipurpose paths on private property must be maintained by the developer, 196 property owner's association or other entity as approved by St. Lucie County through the operation and 197 maintenance covenants of the community, subdivision association or other recognized management 198 entity. 199 b_St. Lucie County shall maintain all sidewalks and multi-purpose paths located within County 200 maintained public rights-of--way unless otherwise agreed to through specific maintenance agreements. 201 202 203 204 205 , 206 207 , 208 •a ~ _ ai ~ oo .,a ,r.,;i~ ,..,..~~....,...,... 209 7. Fee-in-Lieu 210 211 Q. The applicant may pay afee-in-lieu to the County for sidewalk or multi-purpose path design 212 and construction. The Fee-in-Lieu-of-Construction Agreement is subject to approvals from 213 the County Engineer and County Administrator. 214 215 b. The applicant ma~ppeal to the Board of County Commissioners if the applicant disagrees 216 with the County Engineer's determination. 217 218 B. Bike Lanes ~i~ls. 219 1. All new developments, within the unincorporated area of St. Lucie County or within municipalities 220 that access County maintained roads, a~ that are constructing or reconstructing roads as part of the 221 development, shall be required to design and construct bike lanes. 222 223 2. Bike lanes shall be provided on all internal project streets and roads that are classified as arterials or 224 collectors. 225 mss: 226 3 The construction of amulti-purpose path adjacent to an arterial or collector roadway, internal or 227 external to the develoQment project, does not relieve or otherwise release the requirement for the 228 Qrovision of bike lanes along said streets or roads. 229 4. Specifications 230 a. Bike lanes shall be constructed and dedicated to St. Lucie County in accordance with the 231 Florida Department of Transportation FDOT) Standards as modified by the County 232 Engineer. 233 b. 3- Pavement markings and signage shall comply with the standards established by the Elea 234 Manual on Uniform Traffic Control Devices (MUTCD). 235 c. 4. Roadways constructed with closed drainage (curb and gutter) shall have a four ~-foot 236 wide bike lane. 237 d. ~ Roadways constructed with open drainage (swale) shall have a five ~-foot wide bike lane. 238 239 240 . 241 242 C. Greenways and Recreational Trails 243 244 1. Developments may be required to provide a er~y and recreational trail when the 245 devel~ment meets one of the following criteria: 246 247 a. The development is located within the unincorporated area of St. Lucie County, inside or 248 outside of the Urban Service Boundary, and includes: 249 250 i. all new planned developments; 251 i. all applicants for conditional use permits; 252 ii. all new residential developments that are required to obtain site plan approval; 253 iii. all new non residential developments regardless of whether they are required to 254 obtain site plan approval; 255 256 b. A trail or trails are identified in the conc~tual St Lucie County Greenways and Trails Plan 257 adopted on MaY6 2008 and as it may be revised The ~reenway and trail need not be shown 258 on the specific property proposed for development in order to be required. 259 260 c. A rational nexus exists between the development and the need fora Qa-eenway and 261 recreational trail. A rational nexus exists when: 262 263 i. The development creates a need for new or expanded facilities, services or other 264 public good; 265 ii. The net cost of the accommodating the development is determined; 266 iii. The development is not assessed more that its proportionate share of the cost of the 267 new or expanded facilities it is expected to use. 268 269 2. When a rational nexus does not exist the development shall be encouraged to provide a Qreenway 270 and recreational trail as a benefit to the public includine but not lunrted to, cases where rt will 271 connect to an existing or~lanned egr enway or trail The ~reenway and trail shall count toward 272 the any open~ace requirements At the discretion of the Growth Management or ERD Director, 273 the develoQer maybe given additional open space credits for the ~reenway and trail based on the 274 value of the ~reenway and trail to the overall St Lucie County Greenways and Trails Plan with 275 regard to factors such as location and connectivity. 276 277 3. The ERD Director or County Engineer may require such trails to be constructed as a multi- 278 pur~ose~ath in accordance with Section 7 OS 04(A)(4) when connectm~ to an existm~ or planned 279 multi purpose path Su~ect to the approval of the County Engineer the applicant may pay a fee- 280 in-lieu of to the County. 281 282 4. Exemptions. 283 284 At the recommendation of the Development Review Committee and/or the Environmental 285 Resources Duector and based on conditions~eculiai• to the proposed development, the Board of 286 County Commissioners may authorize a total or partial exemption from the requirements of 287 eenwa or recreational trail if it finds that the trail is not feasible or not m the best interest of 288 the County or if it finds that a nexus does not exist between the development and the need for a 289 g_reenwaYand recreation trail. 290 291 5. Fee-in-Lieu 292 293 a. Subject to the approval of the Environmental Resources Director and the County 294 Administrator's approval of the Fee-in-Lieu of Construction Agreement, the applicant may 295 pay a fee in lieu to the County for ~reenways and recreational trail permittm~, design and 296 construction including fencing and landscaping. 297 298 b. The ~plicant ma~ppeal to the Board of County Commissioners if the applicant disagrees 299 with the ERD Director's determination. 300 301 D. ~ Bicycle Racks. 302 1. Bicycle racks shall be required for all non-residential development unless it can be demonstrated that 303 bicycle traffic would not have access to the property per the St. Lucie County Comprehensive Plan Policy 304 22.1.1. Agricultural and Industrial areas shall be exempt from this requirement. Planned Unit 305 Developments (PUD) may be requested to have bike racks as deemed necessary during the development 306 review process based on the proximity of the development to recreation facilities and school bus stops. 307 2. Specifications 308 a. There must be a minimum of six (b) bicycle parking spots. 309 b. Bicycle parking should be located in close proximity to the buildings entrance. 310 c. Bicycle parking facilities shall be located in highly visible well lighted areas to minimize theft and 311 vandalism. 312 d. Bicycle parking facilities shall support bicycles in a stable position without damage to wheels, frame 313 or other components. The standard bicycle rack shall be the Inverted "U" style as pictured below. 314 e. Additional bicycle parking spots may be necessary and requested during the development review 315 process by the Growth Management Director. 316 f. Based on the review of the proposed parking area design, location and security features, the Growth 317 Management Director may reduce the number of required automobile parking spaces by one (1) 318 automobile space for each six (6) bicycle spaces provided. 319 E. 1~ Time of Construction. 320 ~- All required sidewalks, bike lanes, egr enwaYs and recreational trails and multi-purpose paths a~ 321 13i1~}s shall be constructed in conjunction with the infrastructure for that phase of the development. 322 The developer shall post a bond or other guarantee acceptable to the County as assurance of completion 323 of the improvements in accordance with Section 11.04.00. 324 F. ~ Maintenance. 325 ~ Sidewalks, bike lanes, ergr enways and recreational trails and multi-purpose paths ilct~v~ys on 326 private property must be maintained by the developer, property owner's association or other entity as 327 approved by St. Lucie County through the operation and maintenance covenants of the community, 328 subdivision association or other recognized management entity. St. Lucie County shall maintain all 329 sidewalks bike lanes, greenways and recreational trails and multi-purpose paths a~-13i1s located 330 within County maintained public rights-of--way unless otherwise agreed to through specific maintenance 331 agreements. 332 333 PART B. CONFLICTING PROVISIONS. 334 335 Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County 336 ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded 337 by this ordinance to the extent of such conflict. 338 339 PART C. SEVERABILITY. 340 341 If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or 342 void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any 343 provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding 344 shall not affect its applicability to any other person, property, or circumstance. 345 346 PART D. APPLICABILITY OF ORDINANCE. 347 348 This ordinance shall be applicable in the unincorporated area of St. Lucie County. 349 350 PART E. FILING WITH THE DEPARTMENT OF STATE. 351 352 The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of 353 Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 38b 387 388 389 390 391 392 393 394 PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Charles Grande, Chairman XXX Doug Coward, Vice Chairman XXX Commissioner Paula A. Lewis XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PART H. 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, 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney 4 r ~ o u NT y . F L O R I D A VI-G 07!20/10 PUBLIC HEARING ( ) LEG. ( ) QUASI~ID ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Brillhart SUBMITTED BY: Planning and Development Services Business & Concurrency Manager SUBJECT: Project Leeway -Revised Letter of Intent ~~ BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-5215-582000-500 County Job Incentive PREVIOUS ACTION: April 20, 2010; BOCC approval of a Letter of Intent to provide an Ad Valorem Tax Abatement of $140,400 phased over five years and a Job Growth Investment Grant (JGIG) of $18,150 phased over three years. RECOMMENDATION: Board authorization to have the County Administrator send a Revised Letter of Intent to offer Project Leeway: (1) An Ad Valorem Tax Abatement phased over five years subject to Board approval at a public hearing, Project Leeway making an approximate capital investment of $5,800,000 in St. Lucie County and Project Leeway hiring 13 employees (11 full time equivalent) at an average hourly wage of $17.41 (Estimated Value = $136,227); and (2) A Job Growth Incentive Grant (JGIG) of $18,150 phased over three years. COMMISSION ACTION: ¢~} APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Comm. Coward Absent County Attorney ( ) Originating Dept. ( ) 'lk~ .u~D~ Nr ITEM NO. DATE: AGENDA REQUEST REGULAR CONCURRENCE: ~'~ - Faye W. Outlaw, MPA County Administrator Coordination/Signatures Daniel McIntyre ~~7~7,/~ Mark Satterlee OMB Director Budget Analyst O .~'~ r arie Gouin ~~4 / ~ Soph a Holt Planning and Development TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning and Development Services Director FROM: Michael Brillhart, Business and Concurrency Manager Business and Concurrency Management Division ~~ DATE: July 20, 2010 SUBJECT: Project Leeway -Revised Letter of Intent ITEM NO. VI-G Backs~round: Project Leeway has requested economic development incentives to include an Ad Valorem Tax Abatement and a Job Growth Investment Grant (JGIG). Please see the attached letter from the Economic Development Council (EDC) dated June 25, 2010 (Attachment 1). Project Leeway is an existing agricultural produce processing company that is seeking to expand. An agricultural produce processing company is included in St. Lucie County's targeted industry list under Food & Beverage Products Manufacturing. Project Leeway previously received an ad valorem tax abatement of $1,001,000 in 2005 for a prior expansion and met the conditions of the ordinance governing the abatement. On April 20, 2010, the Board of County Commissioners authorized a letter of intent to provide economic development business incentives to Project Leeway based upon the following criteria: hiring 15 employees on a seasonal basis (representing an 11 full time employee equivalent); paying a wage of $18.36 per hour; and making a capital building investment of $6 million. As referenced in the attached letter from the EDC, the company is changing the full time jobs from 15 to 13, reducing the hourly wage from $18.36 to $17.41 and revising the capital investment from $6 million to $5.8 million The revised $5.8 million capital improvement investment does not involve land or equipment acquisition already on the tax role. Therefore, the entire $5.8 million would be eligible for the abatement which is valued at $136,227 phased over five years according to the following schedule: Percents a Abatement Potential Exem lion 100% $45,409 80% $36, 327 60% $27,245 40% $18,164 20% $ 9,082 Total Exemption $136,227 c Page 2 Taxes that will not be abated include the following: Taxes Not Abated Current Milla a Five Year Total of Taxes Not Abated School District 7.9760 $230,840 Fire District 2.2000 $63,800 Children's Services Council 0.4872 $14,129 Florida Inland Navi ation District 0.0345 $1,001 Coun Parks MSTU 0.2313 $6,708 Port Bond 0.0154 $447 Environmental) Si nificant Lands 0.0459 $1,331 South Florida Water Management District 0.6240 $18,096 Total Five Year Taxes Not Abated 11.6152 5336,352 The hourly wage of $17.41 is above the County's average hourly wage of $15.78. Based upon the seasonal employment and projected overtime hours, staff calculates that the hiring of the 13 employees represents an 11 full time employee equivalent. Staff is therefore recommending the JGIG grant, if awarded, be based on 11 jobs. The maximum JGIG grant is $18,150 phased over three years ($6,050 per year). Recommendation: Board authorization to have the County Administrator send a Revised Letter of Intent to offer Project Leeway: (1) An Ad Valorem Tax Abatement phased over five years subject to Board approval at a public hearing, Project Leeway making an approximate capital investment of $5,800,000 in St. Lucie County and Project Leeway employing 11 fulltime equivalent persons at an average hourly wage of $17.41 (Estimated Value = $136,227); (2) A Job Growth Investment Grant of $18,150 phased over three years. 1 I. Target: To the Job Growth Investment Grant Agreement between St. Lucie County and PROJECT LEEWAY (Revised/ DATE: 7/20/2010 Industry Category eligible for application. Qualified companies are listed on the Target Industry List attached - circle the qualified industry. Attachment Exhibit B -1 li. Application Section Criteria: X Expansion New Business Relocation of net new jobs (number) 11 of net new jobs (number) of net new jobs (number) III. Employment Commitment: COMPANY is receiving this grant based upon its representation that it will bring the following employment opportunities to St. Lucie County: 355 Total number of employees (new and existing) expected during term of grant $17.41 Average hourly wage of all employees to be employed by company $15.78 Current average hourly wage in St. Lucie County (;32,828/annually) $5,800,000.00 Capital Investment Amount (Building improvements, equipment etc). IV. Grant Amount: Grant award calculation not to exceed $1,500,000 including bonuses $16,500.00 Base Grant Amount - $1,500/per new jobs eligible for grant 11 New, full time employees (eligible for grant application) expected during term of grant 90 % of County residents 50-99 total new jobs (20% bonus) 100-199 total new jobs (30% bonus) 200+ total new jobs (35% bonus) $825.00 90% or more local hires - St. Lucie County Residents (5% bonus) Average salary for applicant's jobs will be 125°~ (;19.73/hour or $41,035/annually) of St. Lucie County average salary (15% bonus) Average salary for applicant's jobs will be 150°~ (;23.67/hour or $49,242/annually) of St. Lucie County average salary (30% bonus) Research Firm (30% bonus) $825.00 Use of local contractors for construction activity* (5% bonus) ;1,650.00 Total Bonuses $1,650.00 Total Grant Per Job (Base Grant Amount + Total Bonuses) ;18,150.00 Total Grant Local contractors are those contractors who are licensed in St. Lucie County and have an office located in St. Lucie County. St. Lucie County Ad Valorem Tax Exemption Program Program Guidelines REVISED -PROJECT LEEWAY DATE: 7no~solo New or Existing Business -Number of Jobs Created Points 259 5 50-99 7 100-199 9 200+ 10 These new jobs will be phased in on the following schedule: Year One after Effective Date 77 % or minimum of 10 jobs Year Two after Effective Date 23 % or minimum of 3 jobs " Year Three after Effective Date % or minimum of jobs ~` (13 full time jobs for this project equates to 11 full time equivalent jobs). Average Hourly Wage_ Rate for New Employees Points Less than $14.20 per hour -4 90% of average - $14.20 per hour 2 Average -;15.78 per hour 4 X 25% above the average - $19.73 per hour 6 50% above the average - $23.67 per hour 10 100% above the average - $31.56 per hour 12 Caaital Investment Points $150,000 - $1,000,000 2 $1,000,0001 - $5,000,000 4 $5,000,001 and up 6 X Scoring -see attachment 1 10 Adjustment Consideration #1: The SLC Commissioners may consider an individual or company documentation indicating that the business is going to be critical to attracting other key businesses of that industry cluster; in those incidences, program guidelines may be adjusted on a case-by-case basis. Note: These are guidelines only. Each exemption is determined on an individual case basis by the Board of County Commissioners. With 10 points, abatement is to be over five years and will be based on $5.8 million investment and millage of 7.8292 Year 1 100% $45,409 Year 2 80% $36,327 Year 3 60% $27,245 Year4 40% $18,164 Year 5 20% $9,082 Total $136,227 QOARD OF COUNTY COMMISSIONERS 7/20/2010 Mr. Larry Pelton, President Economic Development Council of St. Lucie County, Inc. 1850 SW Fountainview Blvd., Ste. 205 Port St. Lucie, FL 34986 Re: Project Leeway -Revised Letter of Intent Dear Mr. Pelton: COUNTY ADMINISTRATOR FAYE W. OUTLAW, MPA On April 22, 2010, St. Lucie County presented you with a Letter Of Intent (LOI) to provide economic development business incentives for Project Leeway. In consideration of your letter dated June 25, 2010 detailing changes in the company's capital investment, number of employees and hourly wages, the County has revised its proposed incentives for Project Leeway, based on the following assumptions: Revised-Number of employees: 13 (11 Full-Time Equivalent) Revised Average Hourly Wage: $17.41 Revised Capital Investment: $5,800,000 A summary of the business incentives offered by the County include the following: Property Tax Exemption Based upon the above assumptions, the estimated property tax exemption over 5 years would be $136,227. Phase In of Exemption Percenta a Potential Exemption Amount 100% $45,409 80% $36,327 60% $27,245 40% $18,164 20% $ 9,082 TOTAL $136,227 CHRIS DZADOVSKY, Disrrlcr No- 1 DOUG COWARD, District No 2 PAULA A. LEWIS, District No. 3 CHARLES GRANDE, District No. 4 CHRIS CRAEf, District No. 5 - - County Adminisrroror - Eoye W. Ourlow, MPA 2300 Virginia Avenue Fort Plerce, FL 34982-5652 Phone (772) 462-1592 TDD (772) 462-1428 FAX (772) 462-2131 • emoil outlowf@stlucieco org web situ www stlucieco org Project Leeway -Page 2 Any property tax exemption is subject to Board of County Commission approval at a public hearing. Job Growth Investment Grant (JGIG) Based upon the above assumptions, Project Leeway is also eligible for a Job Growth Incentive Grant of $18,150 phased over three years. Once again, the above incentives are subject to the Board of County Commissioners' approval and are current date estimates based upon information provided by the applicant. St. Lucie County is pleased to offer this incentive package to Project Leeway. Sincerely, Faye W. Outlaw, MPA County Administrator cc: Board of County Commissioners Daniel McIntyre, County Attorney Lee Ann Lowery, Assistant County Administrator Mark Satterlee, Planning & Development Services Director E K~~~~ COUNCIL OF iT- CUCit COUNTY ~U!~~EC PAEiTNERS ,...._. tie C~~~.;r;r;.. ('il,r of . -n __ ..v;,~-. ,.;ore-+.. ,:-,.r:,.~ts~!=a .... .., ~F'. ... j.. ,.. 3.. , r x.:3.7. .I:.. L'~i~: ~._ ~.,,.t ,..,~i i;:.. .. .;I :I:i `a(t 4 .. .. i -.. ..,. .. . °;~ Bari:: .,8i: ~...,, „c~!!:i:G i~ii..r. June 25, 2010 Ms. Faye Outlaw County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 RE: Project Leeway Dear Ms. Outlaw: ATTACHMENT 1 As a follow up to your April 22, 2010 letter of intent to Project Leeway, granting them afive-year property tax exemption in the amount of $140,400 and a Job Growth Incentive Grant of $18,150, we ask your consideration to adjust the grants to reflect minor changes in capital investment, number of employees, and hourly wages made by Leeway. The Project Leeway expansion would now include a $5.8 million capital investment for construction and equipment and the addition of thirteen jobs (or 10.92 full-time equivalents) at an average wage of $] 7.41 /hour. Project Leeway is currently evaluating their decision to expand at their Fort Pierce location, another location outside the county, or continue to outsource part of their production. We request your favorable consideration in support of the Project Leeway expansion. Sincerely, Larry lton President 1850 SW Fountainview Boulevard, Suite 205, Port St. Lucie, FL 34986 (772) 879-4144 Office (772) 879-7477 Fax contact@YourEDC.com www.YourEDC.com ~'`" ITEM NO DATE: AGENDA REQUEST REGULAR VI-H1 07/20/10 PUBLIC HEARING ( ) LEG. ( ) QUASI~ID ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B Jessica Parris SUBMITTED BY: Housing and Community Services/Housing Housing Ma ge SUBJECT: Award of Housing RehabilitatioNReplacement Bids BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001113-6420-583000-600 CDBG Supplemental Disaster Recovery 001509-6420-583000-600 CDBG 07 189102-6420-583000-600 HOME Consortium 07 PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of bid awards for one replacement and five rehabilitation housing projects under the St. Lucie County CDBG and HOME grants, and authorization for the Chairman to sign documents as approved by the County Attomey. COMMISSION ACTION: ~ APPROVED ( ) DENIED ( ) OTHER Approved 4.0 Comm. Coward Absent County Attomey ( ) Originating Dept. ( ) ,~~1..- 1~, fksN Daniel 5. McIntyre K ~~~ ~ ~ ~~ ,~~ ~E~ Coordination/Sistnatures CONCURRENCE: ~~ . Faye W. Outlaw, MPA County Administrator OMB Director Budget Analyst Marie Gouin Sophia Holt Beth Ryder ~- Housing and ~- -- -~ -= LL ", - Community Services • • MEMORANDUM TO: Board of County Commissione THROUGH: Beth Ryder, Director FROM: Jessica Parrish, Housing Mana DATE: July 20, 2010 SUBJECT: Award of Housing Rehabilitation/Replacement Bids ITEM NO. VI - H1 Back4round: The Housing Division is in receipt of Federal and State grant funds that provide funding for low-income residents to assist with rehabil""station or replacement of owner occupied homes. An Invitation for Bid (IFB) was advertised on May 9, 2010. A mandatory project review with contractors was completed on June 23, 2010. On July 6, 2010, bids were evaluated in compliance with the approved Housing Assistance Plan. Staff is recommending award to the following contractors: • IFB 34 (Rehabilitation) to Sunny South Construction located in West Palm Beach, for $36,100. • IFB 35 (Rehabilitation) to Gentile, LLC located in Fort Pierce, for $44,160. • IFB 36 (Rehabilitation) to Mc Alhany located in Vero Beach, for $26,545. • IFB 37 (Rehabilitation) to Benchmark Contractors located in Palm City, for $26,403. • IFB 38 (Replacement} to Mc Alhany located in Vero Beach, for $74,900. • IFB 39 (Rehabilitation) to A Thomas Construction located in Fort Pierce, for $31,045. All bids included energy efficient products, such as Energy Star appliances, solar hot water heaters, low flow faucets and Low-E impact windows. Due to the projects being funded by Federal grants, the County's local preference ordinance does not apply. Recommendation Board approval of bid awards for one replacement and five rehabilitation housing projects under the St. Lucie County CDBG and HOME grants, and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Bid Tabulation • z z z g ~ C C c d ~ ~ ~ ~~ ' ° v m m z m z m ~ ~'o ~ O O O N y z oo ao n ~ ~ m c z w v ~ v ao m D tvii D o y 0 v 0 v ~ • ~ T~ z ti , m ~ T v ~ O - r , O n ~ = ~t O C~ O ~ m n z n ~ ~ c ~ ~ ~ 3 O i ~ ~ 3 _ D > c z D > c m Dn m > < m Di D x= D~ v X z ~ D ~ D 3 O m c m , . cn ~ . . co ~ ~ . , ~ c7 . . w p, . . v z • . ~~ ~ N ~ n ~~ ~ to D 3 _ G m m z y z ~~ ~ m ~~ O ~ S ~ n N D i = j n ~ 0 n~i -~ 1~ m N r i N W i S N Z a to N co N n in O -~ ~ z O H O A z ~ w Oo z •• O n N D O z 0 n O 0 n OD N~ ~ O cD CO z cn y y ~ _I ~ ~ V ill cn y r -1 Z y (71 ~ ao y ~~ o r N r ~ W~ m ~ OD m ~ ~ N C N N~ Z - D.. U! m O ~ ~ C iC W V C vi ~ U7 ~`f N~ tD ~ w W C 3 ~ A v " O~ W i n O W ~ Cli N Y ~ V N O o ~' ~~ m ao y N o ~ o z ~ z ~ Z ~ 1 Z ° Z ~ rn z v W N A ~ °~ w ~ C71 °v' W o D O o w O rn C )1 0 'd 3~ O N O ~ O o o N 0 O C O O O O O O W ~ :~ (Ap EA W EA A Efl A fff T W W (((AA}}}~~~ C J7 ~ C 3 O A O O V (T R (~ O O O O O ~ l~Jl ~ N W W W ~ O W W m O m N O A ~ m O N O U7 O ~ CT .'S O O O O O O Q1 U7 W N W N A TI O W W O V V OD OD V N m O C O D O A W O m W 0 0 0 0 0 o V Efl ~ Eft Ef) A Efl W EA ~ Efi W Efl ~ EA Efl O W W E f00 W O O O V W W ~ V1 O O O O O O V Cit ~ N O O O ~$ 3 O O O O O O O O O W ~ C~JI A W W W W ~ ~ O W W O O N W O W ~ A ~ A O _ W ~ ( 7f O G1 W O O O O O O ~ v a~ cfl ~ O ~ ~ N W A j 0 W ~ W D ~ 3 W W ~O rh r ^^~ •I ~^ Q ~/~_ 2 ~_ ~• ~T r !~ IMF O ^~ W ~ _ J • ITEM NO. DATE: AGENDA REQUEST REGULAR VI-H2 07/20/10 PUBLIC HEARING ( ) LEG. ( ) QUASI,JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B Jessica Parris SUBMITTED BY: Housing and Community Services/Housing Housing Ma ge SUBJECT: Award of Neighbofiood Stabilization Program (NS BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001512-6420-549605-600 Neighbofiood Stabilization Program PREVIOUS ACTION: March 10, 2009 -Permission to apply for NSP grant. August 11, 2009 -Acceptance of NSP grant. RECOMMENDATION: Board approval of bid awards for four rehabilitation housing projects under the St. Lucie County NSP Grant, and authorization for the Chairman to sign documents as approved by the County Attomey. COMMISSION ACTION: ¢~ APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Comm. Coward Absent County Attomey ( ) Originating Dept. ( ) CONCURRENCE: F yea W. Outlaw, MPA County Administrator CoordinatioNSignatures Daniels. McIntyre ~,~~~ e Beth Ryder OMB Director ( ) ~ R ~ / , Budget Analyst jj- Marie Gouin Sophia Holt ,.. Housing and ~ - _-~ - -- Community Services s • ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director FROM: Jessica Parrish, Housing Manag DATE: July 20, 2010 SUBJECT: Award of Neighborhood Stabilization Program (NSP) Rehabilitation Bids ITEM NO. VI - H2 Background: The NSP program was authorized by the Housing and Economic Recovery Act of 2008. The NSP funds are to be used to acquire, rehabilitate, demolish and redevelop foreclosed and abandoned properties in order to help stabilize neighbofioods. St. Lucie County's allocation is $3,984,601. These funds are to be used in the areas identified as having the greatest number of foreclosures within the unincorporated County. On June 7, 2010, staff held a mandatory walk through with the contractors on the rotating list. Bids were received on June 21, 2010. Staff is recommending award of the following: • 5706 venter Garden Parkway to Grande Construction located in Port St. Lucie for $65,960. • 8504 Paso Robles to TLC Restoration located in Fort Pierce for $27,167.50 • 7406 Coquina Ave. to M.W. Patrick Construction located in Fort Pierce for $39,625. • 708 NE Camino Street to Grande Construction located in Port St. Lucie for $90,400. • 113 E Aldea St. to Grande Construction located in Port St. Lucie for $97,795. All the bids incorporate green, energy efficient products, as appropriate. Recommendation Board approval of bid awards for four rehabilitation housing projects under the St. Lucie County NSP Grant, and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Bid Tabulation 0 0 ~0 0 o ~n ao 0 ~n r~ cri ~ U u1 .--~ 00 W m -~ O I~ O ~ H G1 N ~? 01 Z O O O O O O O O O O ` O v u1 O u1 ui C O ~ N ~ ~ ~ O t 0 1 O 0 0 ~ p„ l~ Q1 01 N 01 00 M M 01 O ~ ~ U O O O O O 0 0 0 0 0 0 O O u1 O O X11 N a:+ t~ e-1 tG O 01 "C u Q1 O 00 ~ 1~ ~ i 1f1 N 1~ O I~ i +r t0 M M C1 01 C7 c O U ~ O p~ +~+ X O 0 O e-I 0 ~ N ~ O ci 0 ~ N t~0 O r-1 0 ~ N t~G O e-i 0 ~ N t\O O e-i 0 ~ N t~C a c 0 ij i° N Y d ~ a~ ~ v ~ ~ ~ ~ a ~ ~ ~ ~ o O O v ~ O to O C O ~ 0 ~ ~ ~ ~ ~ O ~ d C O m O U ~ ~ ~ d U w Q co O O O ~ I~ u1 ~ 00 O cn .-i Z m u'f oo n n ~ '~" ITEM NO. VI-H3 DATE: 07/20/10 • • AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI,,JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B Jessica Pam SUBMITTED BY: Housing and Community Services/Housing Housing Ma age SUBJECT: Environmental Protection Agency (EPA) Climate Showcase Communities Grant BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to submit an application for the EPA Climate Showcase Communities grant, and authorization for the Chairman to sign documents as approved by the County Attomey. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Comm. Coward Absent Coor+dinatioNSignatures County Attorney ( ) Originating Dept. ( ) ~lk~i .,.~ ns~ra Daniel S. McIntyre t-( ~..t~-~,- "1 ° .'fir ~~ ,: Beth Ryder CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Director ( ) Budget Analyst ~1 f Marie Gouin Sophia Holt C ~ O U n~T ~ F L O R 1 D A Housing and Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director FROM: Jessica Parrish, Housing Mana DATE: July 20, 2010 SUBJECT: Environmental Protection Agency (EPA) Climate Showcase Communities Grant ITEM NO. VI - H3 Background: The EPA Climate Showcase Communities Grant Program will include the addition of green energy retrofits for low to moderate income home repair and weatherization projects. Retrofits will include the installation of solar hot water heaters, Energy Star© appliances, high efficiency HVAC systems, Low E insulated impact resistant windows, upgraded insulation and compact fluorescent light bulbs. The Climate Showcase Communities Grant Program will also implement a homeowner maintenance curriculum component that will focus on energy conservation. The curriculum will provide education and outreach for recycling, saving energy, water conservation, home maintenance to ensure energy efficiency, and other topics. The application for this grant is due July 26, 20'[0 at 5:00 p.m. and wilt not exceed $500,000. A 50% match is required and will come from in-kind sources. Recommendation Board approval to submit an application for the EPA Climate Showcase Communities grant, and authorization for the Chairman to sign documents as approved by the County Attorney. ITEM NO. VI-H4 _ _ , - -_ ~ _ ~ - DATE: 07/20/10 • • - AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B Jessica Parris SUBMITTED BY: Housing and Community Services/Housing Housing Ma ge SUBJECT: Adoption of The National Industry Standards for Homeownership Education and Counseling BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Resolution 10-209 adopting The National Industry Standards for Homeownership Education and Counseling, and authorization for the Chairman to sign documents as approved by the County Attomey. COMMISSION ACTION: (y~ APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Comm. Coward Absent CoordinatioNSic~natures County Attorney ( ) Originating Dept. ( ) X11.4 ~,~rwt Dan~l S. McIntyre ~-t~~lc~ `t ~~ ~~ Beth Ryder CONCURRENCE: -_~ Faye W. Outlaw, MPA County Administrator OMB Director ( ) ~~ ~>, ~~ Budget Analyst d"'Ft'~ Marie Gouin Sophia Holt Housing and -- ~--_ ~- ~ = Community Services • • ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Directo ~"~ FROM: Jessica Parrish, Housing Manager • DATE: July 20, 2010 SUBJECT: Adoption of The National Industry Standards for Homeownership Education and Counseling ITEM NO. VI - H4 Backstround: On March 31, 2010, St. Lucie County was approved as a HUD Approved Housing Counseling Agency. As part of the approval process and application for the Hardest Hit Fund, St. Lucie County must adopt The National Industry Standards for Homeownership Education and Counseling. By adopting these standards, the County establishes a set of training and performance benchmarks designed to promote increased quality and reliability in the delivery of homeownership education and counseling programs. In practice, the standards provide a common industry roadmap for excellence that delivers confidence to homebuyers and which instills professionalism and credibility among and across the diverse stakeholders who are part of the homeownership experience. The National Industry Standards for Homeownership Education and Counseling focus on a set of six core areas: • Competency, including strong knowledge of the homebuying process, money management, etc. • Training, with recommendations for a minimum number of hours of training. • Code of Ethics and Conduct, which practitioners should sign and abide by. • Skills, inGuding communication and listening skills, adult education and facilitation skills. • Operational Knowledge regarding programs, marketing, etc. • Performance Standards for practitioners, which include standards curriculum, recordkeeping, and reporting. These standards provide guidelines for the following activities: • Standards for Homeownership Education (Pre-Purchase and Post-Purchase); • Standards for Homeownership Counseling; • Standards for Homeownership Education and Counseling - Foreclosure Intervention Strategy and; and • Code of Ethics and Conduct for Homeownership Professionals. Agenda Item VI - H4 July 20, 2010 Page 2 Recommendation Board approval of Resolution 10-209 adopting The National Industry Standards for Homeownership Education and Counseling, and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Guidelines and Code of Ethics Reference Guide Resolution 10-209 RESOLUTION NO. 10-209 A RESOLUTION ADOPTING THE NATIONAL INDUSTRY STANDARDS FOR HOMEOWNERSHIP EDUCATION AND COUNSELING AND THE NATIONAL INDUSTRY STANDARDS CODE OF ETHICS AND CONDUCT FOR HOMEOWNERSHIP PROFESSIONALS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has made the following determinations: 1. The residents of St. Lucie County will benefit from a local housing counseling program to provide guidance on housing related issues. 2. The Housing and Community Services Department is responsible for performing housing related activities using available grant funding. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby adopts the National Industry Standards for Homeownership Education and Counseling Guidelines and the National Industry Code of Ethics Reference Guide, incorporated herein by reference, as promulgated by the Advocacy Council for National Industry Standards for Homeownership Education and Counseling. 2. This resolution shall become effective on adoption. After motion and second, the vote on this resolution was as follows: Commissioner Charles Grande, Chairman XXX Commissioner Doug Coward, Vice Chairman XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX Commissioner Christ Craft XXX PASSED AND DULY ADOPTED THIS 20T" DAY OF JULY, 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney TABLE OF CONTENTS Introduction: Homeownership Done Right'" ............................. 3 Standards for Homeownership Education (Pre-Purchase and Post-Purchase) ................................... 8 • Exhibit A: Pre-Purchase Standard Homeownership Education Content ....... i2 • Exhibit B: Post-Purchase Standard Homeownership Education Content ...... s4 Standards for Homeownership Counseling .............................. s6 • Exhibit C: Minimum Standard Activities for Homeownership Counseling ..... 19 Standards for Homeownership Education and Counseling-Foreclosure Intervention Specialty ......................... ss • Exhibit D: Minimum Standard Activities for Foreclosure Intervention and Default Counseling .......................................... s5 • Exhibit E: Foreclosure Intervention Counseling-Recommended Content for Written Action Plan .................................. i6 National Industry Standards Code of Ethics and Conduct for Homeownership Professionals ................................... z8 Introduction -- Homeownership Ks the link between sustainable homeownership and quality counseling and education becomes more and more clear, stakeholders across the housing industry agree that there is a vital need to ensure that consistently high-quality counseling and education become the norm across the nation. We call it "Homeownership Done RightT"'"-three simple words which are embodied in the National Industry Standards for Homeownership Education and Counseling. Simply put, the National Industry Standards are a set of training and performance benchmarks designed to promote increased quality and reliability in the delivery of homeownership education and counseling programs. In practice, they provide a common industry roadmap for excellence that delivers confidence to homebuyers and which instills professionalism and credibility among and across the diverse stakeholders who are part of the homeownership experience. Creating industry-wide standards for homeownership counseling and education is a basic idea, but one that has far-reaching benefits. By adopting the National Industry Standards, homeownership counseling organizations demonstrate their belief in the importance of maintaining a high level of expertise on the part of their counselors and educators and of ensuring that all clients receive consistent, quality service. Likewise, by supporting the Standards, Housing Finance Agencies, other government entities, regional and national lenders, mortgage insurers and GSEs demonstrate accountability and commitment towards providing the greatest chance for sustainable homeownership. In turn, consumers gain confidence knowing that organizations that adopt and follow the Standards can be counted on to provide reliable information and professional service that has the homebuyer's best interests in mind. Put it all together, and you get "Homeownership Done Right.T^"" Encouraging Nationwide Quality Organizations providing homeownership counseling and education services are encouraged to integrate the recommended benchmarks from the Standards into their everyday business operations and strive to exceed these benchmarks. The National Industry Standards for Homeownership Education and Counseling focus on a set of six core areas: ~ e-+ ~ Competency, including strong knowledge of ~ the homebuying process, money management and credit C'1 r--h ' Skills, including communication and listening ~ skills, adult education and facilitation skills Training, with recommendations fora = minimum number of hours of training and ~ certification CD ~ Operational Knowledge, regarding programs, fundraising and marketing fD Code of Ethics and Conduct, which ~ t1? practitioners must sign and abide by ~- Performance Standards, including standards for delivery, curriculum, recordkeeping and O reporting ~ CD Benefits of the Standards ~ The National Industry Standards for ~ Homeownership Education and Counseling ry- provide numerous benefits to a wide variety ~ of housing industry stakeholders. •'i Y Benefits for Community Development Organizations By adopting the National Industry Standards, organizations are better able to: • Promote responsibility and sustainabitity for homeownership in the community • Create consistencies in content delivered to clients across the nation • Raise awareness for the organization and the homeownership counseling/ education field • Gain the public's trust • Provide guidance to practitioners to perform at the highest level of professionalism • Promote sustainabitity for organizations that adopt the Standards by reassuring funders and fee-paying clients of the quality of services provided • Allow consumers to identify organizations that adopt and follow the Standards to ensure they are receiving high-quality, ethical service • Elevate the industry's reputation for quality service delivery Benefits far Practitioners Achieving (or exceeding) the benchmarks established by the Standards helps homeownership professionals to: • Increase their knowledge and skill-set to best serve their clients • Earn the trust of their clients • Distinguish themselves professionally • Advance their career • Enhance their credibility and image Benefits for Partner Organizations By endorsing and promoting the Standards, corporations and government entities: • Take the lead in advocating for education and counseling as a critical part of the homeownership experience • Demonstrate their commitment to best practices in achieving sustainable homeownership • Show public support for homeownership educators and counselors • Endorse a mechanism that will instill greater public trust in the market • Raise the bar of excellence for organizations seeking funding opportunities Benefits for Homebuyers and Homeowners Homebuyers and current homeowners benefit by knowing that organizations that adopt and follow the Standards will: • Provide a solid source of information to draw upon before and after the home purchase • Make sure their counselors/educators serve clients with competence, fairness and respect ~., ' " ~~" .,a , • Ensure that clients receive consistent and correct information • Provide counselors/educators with the proper tools and training to support their work Development of The National Industry Standards Building on the effective practices found at every point of the homeownership experience, the National Industry Standards for Homeownership Education and Counseling were drawn from a variety of sources, including existing standards used by the U.S. Department of Housing and Urban Development (HUD) and local, regional and national housing counseling agencies. Input on the Standards was gathered by the Advisory Council for the National Industry Standards and from a variety of housing industry partners. :,~`.: ,~ .,," f'~ ~ t ` ... ~~. ~.. ~. Advisory Council .R~:~ "~'~` '> Bank of America ""„ .~ Chase Chrysalis Consulting Group, LLC ~. ~-<~ `~~,r Citi ~" `~ Community Development Corporation of ~~: yam.; `~~, a~.;, Long Island, Inc. y"`° Consumer Credit Counseling Services of San Francisco ~. Fannie Mae O Federal Reserve Board ~ Freddie Mac n r-I- The Housing Partnership Network ~' Minnesota Housing ~ Mortgage and Credit Center NAREB -National Investment Division = O National Association of REALTORS® National Council of State Housing Finance {p Agencies O National Council of La Raza NeighborWorks® America (p NHS of Great Falls ~ U.S. Department of Housing and Urban Development ~ Wells Fargo ~ O CD _~ C!'q ~ ~ + 5 6 -t ;. How To Use This Booldet This booklet is designed to serve three purposes: (1) To provide comprehensive information about the National Industry Standards and the Code of Ethics and Conduct for professionals across the homeownership industry, (z) To be a call to action for organizations to adopt the National Industry Standards and (3) To serve as a reference guide for practitioners- homeownership educators and counselors, as well as other homeownership industry professionals-who will benefit from having the National Industry Standards guidelines and benchmarks and Code of Ethics and Conduct printed in one handy place. ~x~ .: '~`` ~~~ Adopting The Standards Many organizations that currently provide homeownership education and counseling will find that their programs meet or exceed the recommended benchmarks for industry standards and can readily adopt the National Industry Standards and National Industry Standards Code of Ethics and Conduct. For more information and to adopt the Standards, turn to page 3z and log on to www.homeownershipstandards.com. Standards for Homeownership Education (Pre-Purchase and Post-Purchase) ~~„'` Purpose of the Standards To ensure consistency in the quality of homeownership education efforts nationwide, and adopt industry best practices. In order to best serve clients, organizations providing homeownership education and individual homeownership educators agree to adopt the following: Core Operating Standards 1. Competency: Possess a strong knowledge in the area of homeownership- specifically the homebuying process, fidgeting, money management, credit, banking, mortgage financing, down payment assistance, insurance, community involvement, home maintenance, loss mitigation, foreclosure prevention, fair housing, delinquency intervention, refinancing, anti- raud or anti-predatory lending j relevant local, state and it laws. • Recommended Benchmark: Individuals new to the field of Homeownership Education should obtairi appropriate orientation and introductory level training during the initial six months of employment. z. SlciEls: Demonstrate an understanding of adult education techniques and training, cultural competency, facilitation skills and training methods, presentation skills, audio/visual techniques, planning and designing trainings, and participatory training techniques. 3. Training: As soon as possible, but within i8 months of being hired, homeownership educators will obtain minimum training as a homeownership educator equivalent to no less than 3o hours of facilitated instruction covering topics included in Standards 1 and z above, utilizing a variety of methods which could include lecture, interactive, demonstration, on-line and case study. 4. Certification: A certification standard is critical to establishing professionalism and value to homeownership education. After completing minimum training, certification will require a homeownership educator to take and pass a comprehensive exam demonstrating at least 80% proficiency. The exam will test the skills and core competency areas identified in Standards i and z above, as well as the related content and activities identified in Exhibits A and B herein. • Recommended Benchmark: Certification must be completed as soon as reasonably possible, but no later than 18 months from the start of employment. 5. Continuing Education: Complete a minimum of io hours of continuing education annually in subjects relative to the core content and delivery of homeownership education. • Recommended Benchmark: Continuing education requirements for most certification programs will meet or exceed this standard. 6. Homeownership Program Operations: Implement effective program operations, including outreach and marketing, partnership building, fundraising, customer service, customer tracking, reporting, program evaluation and program design. • Recommended Benchmark: These skills can be obtained through training and experience. 7. National Industry Standards Code of Ethics and Conduct Statement: Sign and adopt the written National Industry Standards Code of Ethics and Conduct that specifically addresses any real and apparent conflicts of interest, guidelines for professional behavior, privacy and confidentiality, payment for services, consultation, referrals, quality assurance and integrity. Performance Standards s. Delivery: Perform face-to-face group homeownership education to clients, utilizing a variety of interactive techniques. • Recommended Benchmark: Homeownership education occurs before a purchase contract is signed in pre-purchase education. a Recommended Benchmark: Content, delivery and format of the training is tailored to meet the needs of the participants. • Recommended Benchmark: Participants should be provided service in a timely manner, requisite with the service need. At a minimum, upon request participants should receive acknowledgement of inquiry within two business days of initial contact, and delivery of education within atwo-week timeframe. s Recommended Benchmark: Homeownership educators should use a training manual, and make materials available to attendees. • Recommended Benchmark: A certificate of completion is provided to customers who successfully complete the training. • Recommended Benchmark: Customer satisfaction surveys are used to evaluate the effectiveness of the homeownership education. • Recommended Benchmark: Offer and encourage individual counseling in conjunction with the provision of all group education. • Recommended Benchmark: A code of ethics is utilized for all volunteer trainers, coupled with an orientation regarding the mission, philosophy and delivery of the training 2. Curriculum: Utilize a comprehensive curriculum containing the following minimum core content:* Pre-Purchase Education • Assessing Readiness to Buy a Home • Budgeting and Credit • Financing a Home • Selecting a Home • Maintaining a Home and Finances *See detailed list of acceptable content and topics ~: µ~ r°r.t, ~ _ ~ a` _;~ '~.-; ;t-. .~: ~~. =, {!7 - -t~ O O CD O fD U'~ rn n A3 r-t O~ <~ Post-Purchase Education (when offered) • Community Involvement • Budgeting for Homeownership • Maintaining a Home and Home Improvement • Financing and Sustaining Homeownership • Avoiding Delinquency and Foreclosure • Recommended Benchmark: There are a number of excellent consumer curricula that have been developed by various organizations, service providers, state collaboratives, etc, which may meet or exceed the standard for curriculum content. These curricula must contain the components mentioned above. • Recommended Benchmark: Specialty topics, such as financial literacy, reverse mortgage lending, individual development accounts (IDAs) and foreclosure prevention, may also at times be delivered as group education. Use of nationally developed and utilized curriculum, and/or an equivalent is recommended. Homeownership educators should secure appropriate training in the appropriate specialty topic. 3. Expected Education Outcome: Upon completion of homeownership education, clients will be able to demonstrate an understanding of the following: preparing for homeownership, budgeting and credit management, financing a home, selecting a home, maintaining a home and finances* and avoiding delinquency and foreclosure. `See detailed criteria for core understanding • Recommended Benchmark: Optimally, the time allocated for comprehensive, effective delivery of pre-purchase curriculum to achieve a desired expected outcome and cover content adequately is eight hours of education. In some circumstances (e.g., based on pre-assessment of learners' needs) hours may vary, but in no case would less than four hours be sufficient. 4. Recordkeeping: Collect and maintain specific information from education clients in accordance with all laws and governing organizations (i.e., HUD, Intermediary, etc.). • Recommended Benchmark: An intake form should be completed and collected with client profile information to include contact information, services sought/provided, household size, ethnicity (optional), household income, date and type of workshop attended, workshop format and length. • Recommended Benchmark: Aggregate information for group education should be maintained including total number of persons served and other demographic information. • Recommended Benchmark: Utilize a checklist to ensure files maintained are consistent and meet reporting standards and quality assurance. • Recommended Benchmark: Files should be maintained in secured file cabinets in order to protect client privacy. Scanned documents or electronic files should maintain the highest level of client security. r.. ~~, ~ _s~ndusi~}y Standards for Homeownership Education and Cflunseting ` ~~~ "~~:,°~,.F, .. • Recommended Benchmark: Files should be maintained for a minimum of three years. Longer file retention requirements may be required if the household has received grant or loan assistance through state or federal subsidy programs. At the time of disposal, files should be shredded. 5. Reporting: Utilize an electronic Client Management System (CMS) for collecting and reporting data. • Recommended Benchmark: An electronic method in place for collecting reporting data may be as basic as an Excel spreadsheet or Access database application that captures needed data fields from ~~. each client, but preferably should be a software application compliant with HUD's CMS vendor list or equivalent. Visit www.hud.gov to view HUD's CMS vendor list. 6. Service Thresholds: Establish referral networks for individuals and families seeking services that the homeownership educator does not provide or possess sufficient competency to adequately and effectively deliver. a_ ~~ - '~ ~x. ,~~, - e h ` r~~~' ~: ,, =~ ,_ ..f • Recommended Benchmark: Examples of such services may include: individual/personal counseling services, housing search assistance, legal aid, relocation assistance, etc. ~a ,::~ r~-r ~ ' ~1. ~"~'° ~1] . --~c , ~3 , tJ? :.w -r, a O O fD _~ rn 0 I1 Exhibit A Pre-Purchase Standard Homeownership Education Content Assessing Homeownership Readiness Pros and cons of homeownership Understand the benefits and responsibilities of homeownership Overview of the home purchase process Conduct self-assessment of homeownership readiness Housing affordability Calculate housing affordability 4 C's of credit Understand how lenders determine mortgage readiness Budgeting and Credit - Importance of goal setting Set financial goals Tracking expenses Develop system to track expenses Setting up a spending plan Create a realistic spending plan Budgeting and saving tips Identify ways to reduce expenses and increase savings Importance of good credit Understand the importance of good credit Understanding credit and how to protect credit ratings Credit bureaus, reports and scores Order credit reports and credit scores How to fix credit problems Improve credit rating Debt management tips Reduce debt Financing a Home How a lender decides whether or not to lend Understand how lenders make loan decisions Housing affordability and qualification Calculate housing affordability Sources for mortgage loans Understand where to obtain a mortgage loan Predatory loans and how to avoid them Avoid high-risk loans Types of mortgage loans Choose appropriate loan product and source Special financing products Understand resources available to assist with home purchase Steps in the mortgage loan process Understand the loan process Loan application and approval process Common lending documents Assemble documents needed for loan application ~ 4y ~. ~ ~ p fir'` ;, ;yz~~,~~` <1~~dutstry Standards for Homeownership Educat4on and Counseling ~~ . u ~$ ~~ 'What to do if the loan is denied ~ Address issue listed as the reason for loan denial Closing process Understand the loan closing process Shopping for a Home The homebuying team Understand the professionals involved in the homebuying process Real estate professionals Understand the different types of real estate professionals Types of homes and ownership Understand housing and titling options How to select a home and neighborhood Determine housing wants versus needs How to make an offer Understand the home purchase process Negotiating tips The purchase contract Inspections Understand the importance of a professional home inspection Escrow and closing process Understand the escrow and closing process Maintaining a Home and Finances How to maintain and protect a home after moving in Understand costs associated with homeownership, including taxes, insurance, maintenance, etc. Home safety and security Create emergency plan Energy efficiency Reduce energy usage Preventive maintenance Create plan for routine maintenance Home repairs and improvements Understand the difference between repairs and improvements Working with a contractor Understand how to work with a contractor Community involvement Get involved in the community Record keeping Set up arecord-keeping system Taxes Understand tax issues associated with homeownership Insurance Understand different insurance policies associated with homeownership What to do if you can't make a payment Contact lender immediately if there are financial issues Predatory lending and other financial pitfalls Avoid high-risk loans ;: '`. {.~ x.~ .. r+ . ,z~ , ' ~ ~:.E{ ~t ~-~~ ,y --c ~._' Q; , {J~ ~~ -'h 0 CD O t"D -~ t/'1 rn Q n r-h 13 ~- t ~+ Exhibit B Past-Purchase Standard Homeownership Education Content Budgeting for Homeownership ' Staying financially fit as a new homeowner Review spending plan and revise with new Budgeting expenses of mortgage payments, maintenance, reserves, utilities, homeowners association fees and investments Maintaining good credit Understand the importance of maintaining good credit Home equity: Your home as an asset Calculate home equity, and understand how to manage it effectively Retirement savings Understand options and techniques for saving for retirement Taxes: Property and income Understand tax liabilities and ways to maximize deductions Insurance: Mortgage, homeowners, auto, health and life Understand different types of insurance and the importance of risk management Maintaining and Improving,Your Home - Home maintenance and improvements Develop plans for preventive maintenance, home repairs and replacements and/or home improvements as needed Home safety Create emergency plan Energy conservation Reduce energy usage to save money Community .involvement Building community Get involved in the community Financing and Sustaining Homeownership Foreclosure prevention Contact lender immediately if there are financial issues Mortgage options: Refinancing, home equity loans and home improvement loans Know your options: refinance, home-equity loans, home improvement loans Record keeping Create record-keeping system Lending abuses Avoid high-risk loans Landlord issues Attend landlord training classes f Standards for Homeownership Counseling ~~~z. 16 Purpose of the Standards To ensure consistency in the quality of homeownership counseling efforts nationwide and adopt industry best practices. In order to best serve clients, organizations providing homeownership counseling and individual homeownership counselors agree to adopt the following: Core Operating Standards :. Competency: Possess a strong knowledge in the area of homeownership- specifically the homebuying process, budgeting, money management, credit, banking, mortgage financing, down payment R assistance, insurance, community involvement, home maintenance, loss mitigation, foreclosure prevention, fair housing, delinquency intervention, refinancing, anti- - fraud, anti-predatory lending and relevant local, state and federal laws. • Recommended Benchmark: Individuals new to the field of Homeownership Counseling should obtain appropriate orientation and introductory level training during the initial six months of employment. ~. Skills: Exhibit professional communication and organization skill set, including listening skills, customer service, cultural competency and time management. Homeownership Counselors must demonstrate the skills necessary to obtain, review and analyze a tri-merged credit report, calculate income and debt and perform an affordability analysis. A full command of calculations for mortgage financing, down payment assistance and subsidy programs is required 3. Training: As soon as possible but within i8 months of being hired, homeownership counselors will obtain minimum training as a homeownership counselor equivalent to and no less than 3o hours of facilitated instruction covering topics included in Core Operating Standards i and 2 above, utilizing a variety of methods which could include lecture, interactive, demonstration, on-line and case study. • Recommended Benchmark: Homeownership counselors providing specialty counseling such as reverse mortgage counseling, foreclosure prevention and delinquency counseling should seek the appropriate training to provide these services. 4. Certification: A certification standard is critical to establishing the professionalism and value of homeownership counseling. After completing minimum training, certification will require a homeownership counselor to take and pass a comprehensive exam demonstrating at least 80% proficiency. The exam will test skills and core competency areas included in Standards i and z above, as well as the related content and activities identified in Exhibit C herein. • Recommended Benchmark: Certification must be completed as soon as reasonably possible, but no later than 18 months from the start of employment. 5. Continuing Education: Complete a minimum of io hours of continuing education annually in subjects relative to the core content and delivery of homeownership counseling. • Recommended Benchmark: Continuing education requirements for most certification programs will meet or exceed this standard. 6. Homeownership Counseling Operations: Implement effective program operations of homeownership counseling techniques, including outreach and marketing, partnership building, fundraising, customer service, customer tracking, reporting, program evaluation and program design. Counselors should have a working knowledge of each of these subject areas. • Recommended Benchmark: These skills can be obtained through training and experience. 7. National Industry Standards Code of Ethics and Conduct: Sign and adopt the written National Industry Standards Code of Ethics and Conduct that specifically addresses any real and apparent conflicts of interest, guidelines for professional behavior, privacy and confidentiality, payment for services, consultation, referrals, quality assurance and integrity. Performance Standards 1. Delivery: Perform individual, personalized homeownership counseling to clients. • Recommended Benchmark: Pre- purchase counseling occurs before a purchase contract is signed. • Recommended Benchmark: Content, delivery and format of the counseling is tailored to meet the needs of the client. ^ Recommended Benchmark: Clients should be consulted in a timely manner, requisite with the service need. At a minimum, upon request clients should receive acknowledgement of inquiry within two business days of initial contact, with the intake appointment within a one-week timeframe. • Recommended Benchmark: Homeownership Counselors must complete a formal intake, needs assessment and develop a written action plan. • Recommended Benchmark: Active, open client files should be closely monitored, with timely follow-up in accordance with the stated action plan. When no contact from the client has taken place for six consecutive months, the file may be classified as inactive. • Recommended Benchmark: Where appropriate, Homeownership Counselors should review and analyze client's credit report. r-i- Q Q Q, ;-Z ,~_ ~~ CD -~ Q_ _: ~' CD l~ n O Ln tD Ci U4 If • Recommended Benchmark: Customer satisfaction surveys are used to evaluate the effectiveness of the counseling. • Recommended Benchmark: Offer and encourage homeownership education in conjunction with the homeownership counseling services. z. Expected Counseling Outcome: Upon completion of homeownership counseling, clients will be able to demonstrate an understanding of the following: preparing for homeownership, budgeting and credit management, financing a home, selecting a home, maintaining a home and finances, sustaining homeownership and avoiding delinquency and foreclosure. • Recommended Benchmark: Comprehensive, effective delivery should be determined based upon the individual need of the client to reach the desired outcome. The minimum standard for delivery of individual counseling should be at least one session of at least 30-60 minutes. 3. Recordkeeping: Collect and maintain specific information from clients in accordance with all laws and governing organizations (i.e., HUD, Intermediary, etc.). • Recommended Benchmark: An intake form should be completed and collected with client profile information to include contact information, services sought/provided, household size, ethnicity (optional), household income, date and type of workshop attended, workshop format and length. • Recommended Benchmark: Aggregate information for clients should be maintained including total number of persons served and other demographic information. • Recommended Benchmark: Utilize a checklist to ensure files maintained are consistent and meet reporting standards and quality assurance. • Recommended Benchmark: Files should be maintained in secured file cabinets in order to protect client privacy. Scanned documents or electronic files should maintain the highest level of client security. • Recommended Benchmark: Files should be maintained for a minimum of three years. Longer file retention requirements may be required if the household has received grant or loan assistance through state or federal subsidy programs. At the time of disposal, files should be shredded. ~tationa[ industry Standards for Homeownership Education and Counseling ~ ~~~ 2 ~...: R R si / ~F ~ f .. ~ 3 ~-y ~ ~,r <ra. -.t ~a.;.... 4, Reporting: Utilize an electronic Client Management System (CMS) for collecting and reporting data. ~ Recommended Benchmark: An electronic method in place for collecting reporting data may be as basic as an Excel spreadsheet or Access database application that captures needed data fields from each client, but preferably should be a software application compliant with HUD's CMS vendor list or equivalent. Visit www.hud.gov to view HUD's CMS vendor list. 5. Service Thresholds: Establish referral networks for individuals and families seeking services that the homeownership counselor does not provide or possess sufficient competency to adequately and effectively deliver. • Recommended Benchmark: Examples of such services may include: rental housing assistance, housing search assistance, legal aid, relocation assistance, etc. ~JC~tlblt C Minimum Standard Activities fior Homeownership Counseling Intake -gather baseline information from client Conduct accurate needs assessment Document the household income and expenses Determine household debt level Review client's credit report(s) Identify credit challenges Determine and document household savings Develop a household budget Analyze budget and recommend modification Conduct various calculations including affordability based on income and debt Develop a written action plan Provide client follow up Make referrals for additional services needed by client Provide client information on delinquency/foreclosure services or information on a referral for these services Note: Specialty counseling services such as reverse mortgage counseling, foreclosure prevention and delinquency counseling should only be provided by counselors with the proper training and certification. r-t Q iv Q O O _° CD (D t!'~ O i~ CJ') CD U4 19 ~ ~' ~, ~~ R I n ~ ~ tY~ r t,.--. ~~1 Standards for Homeownership Education and Counseling- Foreclosure Intervention Specialty ose of the Standards Pur • Recommended Benchmark: Those p counselors new to foreclosure To ensure consistency in the quality of intervention and default counseling foreclosure intervention counseling efforts should (prior to seeing clients) be nationwide, and adopt industry best practices. involved in an on-the-job training/ coaching/mentoring program for at ~ In order to best serve clients, organizations least 9o days. ~ providing homeownership counseling and Q individual homeownership counselors ~, Skills: Exhibit professional communication n providing foreclosure intervention services (written and verbaQ, organizational, O ~ agree to adopt the following: listening, customer service, cultural ~ `~ competency and time management skills. ~ ~ Core Operating Standards Foreclosure Intervention Counselors must ~ ~ demonstrate ahands-on knowledge of = --t i. Competency: Possess a strong the remedies available to the homeowner ~ ~. knowledge in the area of mortgage default to avoid foreclosure including negotiation ~ ~ and/or foreclosure intervention counseling, and critical thinking skills, and I O specifically relating to the current industry demonstrate an ability to provide timely O ~ practices of loss mitigation to include loan crisis counseling to families in need. --t _ repayment, forbearance, modification, Cp O refinance, loan assumption, short sale, g, Training: As soon as possible but no n deed-in-lieu, community referrals and other later than within iz months of being O ~p remedies available to the homeowner to avoid hired, foreclosure intervention counselors ~ O foreclosure. The counselor should understand will obtain minimum training equivalent ~ ~ the structure of the primary and secondary to no less than 3o hours of facilitated ~ markets, the collection and loss mitigation instruction, utilizing a variety of ~ --t functions of those entities collecting methods including lecture, interactive, ~ ~ mortgage payments, financial management demonstration, on-line and case study. ~ and budgeting, and be familiar with state and ~ ~ federal regulations regarding the foreclosure • Recommended Benchmark• Those ~ rn process. The counselor should possess the counselors new to foreclosure ~ f2 - skills to obtain pertinent client information, intervention and default counseling _ O~ O analyze financial and property data and should (prior to seeing clients) be ~ ~ draft a comprehensive written action plan involved in an on-the-job training/ ~ r-fi • (see Exhibit E) based on the client's goals coaching/mentoring program for ~ O outlining the recommendations for foreclosure at least 9o days. To best meet ~ ~ avoidance or sale. the client's needs in this highly ~ specialized field, facilitated training in • Recommended Benchmark: foreclosure intervention and default .~ Individuals new to the field of counseling should be completed foreclosure intervention counseling within six months and no later than should obtain appropriate orientation, one year to obtain the competency introductory level training and and skills listed under the Core prerequisite curricula during the initial Operating Standards. six months of employment. 21 4. Certification: Certification is considered critical in the industry. Subsequent to the requisite training, a comprehensive exam consisting of approximately loo questions must be administered with a demonstrated proficiency of 80% passing. The exam will cover foreclosure intervention counseling competency content meeting the standards listed under the Core Operating Standards and demonstrated in the related activities identified in Exhibit D herein. s Recommended Benchmark: Certification should be completed as soon as reasonably possible, but no later than within i8 months of employment. 5. Continuing Education: Complete a minimum of to hours of continuing education annually in subjects primarily related to the core content and delivery of foreclosure intervention and default counseling. • Recommended Benchmark: Professional certification continuing education requirements may meet or exceed this standard. b. Foreclosure Intervention Counseling Operations: Implement effective program operations for foreclosure counseling including techniques, outreach and marketing of services available to the community, partnership building with private sector partners including servicers and lenders, fundraising, customer service, customer tracking, reporting, program evaluation and program design. • Recommended Benchmark: These skills can be obtained through training and experience. 7. Code of Ethics and Conduct Statement: Sign and adopt the written National Industry Standards Code of Ethics and Conduct policy that specifically addresses any real and apparent conflicts of interest, guidelines for professional behavior, privacy and confidentiality, payment for services, consultation, referrals, quality assurance and integrity. Performance Standards 1. Delivery: Perform individual, personalized foreclosure intervention and default counseling to clients. ~ Recommended Benchmark: Content, delivery and format of the counseling is tailored to meet the needs of the client. Content and delivery should be done in a culturally competent manner and in the preferred language of the client. Use of a translator or referral to an agency that provides adequate service in the appropriate language is recommended. ~ Recommended Benchmark: Clients should be counseled immediately (if possible) particularly when there is a high degree of certainty n- lfndustry Standards for Homeownership Education and Counseling `~~~~` : y. that foreclosure is imminent. At a minimum, upon request, clients should receive acknowledgement of inquiry within 48 hours of initial contact. When initial contact is made, clients should be assessed to determine the status of the client's mortgage and client urgency. Those clients that have a high degree of foreclosure risk should be prioritized for appointments. • Recommended Benchmark: Foreclosure intervention counselors must complete appropriate intake of client information to make proper and timely recommendations to the client to assist in avoiding foreclosure. Counselors must provide a comprehensive written action plan (see Exhibit E) to the client summarizing a statement of the problem, steps to be taken by the client, steps to be taken by the counselor and the timeline necessary to accomplish these tasks. • Recommended Benchmark: Foreclosure intervention counselors should always instruct the client of the importance of making and keeping contact with the lender. Where possible, the counselor should attempt to contact the lender on behalf of the client to assess status and to further inform the lender of the proposed recommendations as specified in the written action plan (see Exhibit E). • Recommended Benchmark: Active, open client files should be closely monitored, with timely follow-up in accordance with the stated action plan. When no contact from the client has taken place for three consecutive months, the file may be classified as inactive. • Recommended Benchmark: Where there is no mortgage delinquency, foreclosure intervention counselors should provide basic financial management or credit counseling and encourage further homeownership education as a deterrent to future mortgage default. • Recommended Benchmark: Client satisfaction surveys are used to evaluate the effectiveness of the counseling. z. Expected Counseling Outcome: Upon completion of foreclosure intervention counseling, clients will understand the various options available to assist ' them to avoid foreclosure, the need to keep constant communication with their lender and will have received a written action plan (see Exhibit E) outlining the necessary steps to achieve their desired objectives. After counseling, if the client determines that either they cannot afford to keep their home or no longer desire to keep their home, they wilt receive information relative to each of these options and how this action might result in civil and/or tax liability. n O CD UQ 'T'1 O f'D n O U'1 --z CD r+ CD -t C ~D ~_ O~ CD f'1 ~~ r-~h r-r Q. Q (/') O --t O CD O CD --t t~ _~ ~~ rn Q. n ~_ O~ 23 `~ .j r; • Recommended Benchmark: Foreclosure intervention counselor should collect pertinent information as outlined in Exhibit D. • Recommended Benchmark: Comprehensive, effective delivery should be determined based upon the individual needs of the client to reach their desired outcome. The minimum standard for delivery of individual foreclosure intervention counseling y, should be at least one session of at least 30-60 ~:: '~x~ minutes, utilizing either f :~ face-to-face or telephone counseling. 3. Recordkeeping: . -~., ;.r~ :- } t< • Recommended Benchmark; An intake form should be completed and collected with client profile information to include contact information, services sought/provided, household size, ethnicity (optional), and household income. Additional information to collect from the client is outlined in Exhibit D. • Recommended Benchmark: Aggregate information for clients should be maintained including total number of persons served and other demographic information. Collect and maintain specific information from clients in accordance with all laws and governing organizations (i.e., HUD, Intermediary, etc.) • Recommended Benchmark: A checklist should be utilized to ensure files are consistently maintained and meet reporting standards and quality assurance. • Recommended Benchmark: Files should be maintained in secured file cabinets and/or electronically in a secure data system in order to protect client privacy. • Recommended Benchmark: Files should be maintained for a minimum of three years. Longer file retention requirements may be required if the household has received grant or loan assistance through state or federal subsidy programs. At the time of disposal, files should be shredded or electronic copies should be deleted. 4. Reporting; Utilize an electronic Client Management System for collecting and reporting data. • Recommended Benchmark: An electronic method in place for collecting reporting data may be as basic as an Excel spreadsheet or Access database application that captures needed data fields from each client, but preferably should be a software application compliant with HUD's CMS vendor list or equivalent. Visit www.hud.gov and refer to HUD's CMS vendor list. 5. Service Thresholds: Establish referral networks for individuals and families seeking services that the foreclosure intervention counselor does not provide or possess sufficient competency to adequately and effectively deliver. '~ ~ Recommended Benchmark: The Department of Housing and Urban Development (HUD) maintains a list of organizations and corresponding services (www.hud.gov). In addition, Exhibit D legal aid, tax professionals and other state or local agencies that may provide needed services aligned with foreclosure intervention including rescue funds should be sought. Minimum Standard Activities for Foreclosure Intervention and Default Counseling Perform intake by gathering baseline information from client including: a. Client's goals/intent b. Reason for delinquency or default c. Client's financial situation and possibility of workout d. Client's loan type e. Home's value/condition f. Credit report g. Original loan documents, if available h. Demographic information: contact information, household size, household income, ethnicity (optional), etc. Assess client's mortgage, payment status and urgency in the delinquency and foreclosure process Develop loss mitigation options Communicate with the servicer* Submit loss mitigation package to servicer* Negotiate with junior lien holders and Homeowners Association* Create written action plan for foreclosure avoidance or client's preference Provide follow up to client Provide client with contact information for additional community services that might be available * When Applicable. Foreclosure Counseling can include a range of the activities depending on the client's financial situation and the severity of the mortgage delinquency. Specifically, activities 4, 5 and/or 6 vary and may not always be performed for a client. Q n 0 UQ O N n O (!') CD N CD ~_ O~ fD n A~~ rrt -~ Q (n -h O 2 f'D ~C fD t,!) rn n Sv ~_ O~ 2> ~' C; Exhibit E Foreclosure Intervention Counseling- Recommended Content for Written Action Ptan .-, State briefly why the homeowner is delinquent or in danger of becoming delinquent, including the involuntary inability to pay, unexpected increase in expenses, decrease in income, loan reset and/or other factor. Include an assessment of the property's condition and a discussion and calculation of equity, if any. Include a financial assessment that leads to the recommendations for resolving the delinquency (assuming that the client wants to and can afford to keep the house). Otherwise, discuss foreclosure in general, sale of the property, deed in lieu, short sale and possible tax consequences and/or deficiency judgment issues. State what steps the homeowner will take to resolve the delinquency and what steps the counselor will take to assist in this process. Include other contact information for community referrals which may be able to assist the client. Issue the Action Plan within z4 hours of counseling session (and immediately if face-to-face) National Industry Standards _~ Code of Ethics and Conduct for ,~µ Homeownership Professionals ~~ ~.: ~~~~~ 28 The National Industry Standards Code of Ethics and Conduct for Homeownership essionals* is a voluntary, elf-governing standard for professional performance/ conduct for homeownership counselors and educators that provide homeownership education and counseling services to consumers. The Code of Ethics and onduct for Homeownership essionals offers a set of ~aru~~ and principles to guide conduct and decision-making in the homeownership education and counseling field. Homeownership professionals who adhere to the Code of Ethics and Conduct agree to provide quality education and counseling to clients. How to Utilize the National Industry Standards Code of Ethics and Conduct: Counselors and Educators: The National Industry Standards Code of Ethics and Conduct should be adopted by counselors and educators and adhered to in their daily business operations. For more information on how to demonstrate adoption of these documents, visit www. homeownershipstandards.com. Organizations: Organizations providing homeownership education and/or counseling services are encouraged to adopt the Code of Ethics and Conduct and ensure compliance with these ethics by their counselors and educators. *The National Industry Standards for Homeownership Education and Counseling Code of Ethics and Conduct was developed by a collaborative group of industry partners. The term "Homeownership Professionals" includes bath homeownership educators and counselors. 1. Commitment to Clients • The primary responsibility of homeownership educators and counselors is to provide high-quality education and counseling services to prospective and existing homeowners. ~ Homeownership educators and counselors will act on behalf of a client and observe his/her best interests. z. Client Decision-Making • Homeownership educators/counselors will provide necessary tools, resources and information to assist their clients in making decisions about finances, home buying or homeownership based on the client's needs and preferences. • In instances when clients experience literacy or language challenges, homeownership educators/counselors will take steps to ensure clients' comprehension. This shall include arranging for a qualified interpreter or translator or referring the client to a qualified language educator/counselor. 3. Competence • Homeownership educators/counselors will provide services only within the boundaries of their education, training, certification or other relevant professional experience. Referrals will be provided to clients when essential services are beyond the scope of the individual or agency to provide. • Homeownership educators/counselors shall be culturally competent in their service area and sensitive to cultural differences and needs. ~. Conflicts of Interest • Homeownership educators/counselors will avoid actual and the appearance of conflicts of interest. They will inform clients when a real or potential conflict of interest arises and take all necessary steps to resolve the issue in a manner that makes the clients' interests primary and protects clients' interests. In some cases, protecting clients' interests may require termination of the professional relationship with proper referral of the client. s Homeownership educators/counselors will not take unfair advantage of any professional relationship or exploit others to further their personal, religious, political or business interests. s Any potential conflicts of interest (such as a counseling agency providing low-cost loans), will be disclosed to clients in a written disclosure document. 5. Privacy and Confidentiality • Homeownership educators/counselors will respect clients' right to privacy. Private information will not be requested from clients unless it is critical to providing services. Once private information is shared, privacy laws apply as well as client confidentiality. • Homeownership educators/counselors will disclose confidential information only as specified by a valid written consent of client. • Homeownership educators/counselors will not discuss confidential information in any setting unless privacy can be ensured. Counselors and educators will abide by privacy laws and keep information confidential and protected. s Homeownership educators/counselors will not disclose clients' information, including their identity, when responding to requests from members of the media without the client's express consent. • Homeownership educators/counselors will protect the confidentiality of clients' written and electronic records and other sensitive information. Clients' records shall be stored in a secure location and not made available to others who are not authorized to have access. • Homeownership educators/counselors will take precautions to ensure and maintain the confidentiality of information transmitted to other parties through the use of computers, electronic mail, facsimile machines, telephones and telephone answering machines, and other electronic or computer technology. Disclosure of identifying information will be avoided unless specifically permitted by client. z r-t~ O~ t~ ~-t `~ r-t Q SU -t t~ n O O '-h rn r+ n' U'l ~.i C2. l~ O n r--h LJ o Homeownership educators/counselors will dispose of clients' records in a manner that protects clients' confidentiality and is consistent with state statutes governing records and social work licensure. • Homeownership educators and counselors will be familiar with relevant local, regional and national laws regarding privacy and confidentiality. 6. Professional Behavior a Homeownership educators/counselors will not practice, condone, facilitate, or collaborate with any form of discrimination on the basis of race, ethnicity, national origin, sex, sexual orientation, age, marital status, political belief, religion, or mental or physical disability. • Homeownership educators/ counselors will not use derogatory language in their written or verbal ~'~ . ~~~ ,;,~;;~, ~: communications to or about clients. Accurate and respectful language will be used in all communications to and about clients. ~ Homeownership educators/counselors will not participate in, condone, or be associated with dishonesty, fraud or deception. • Homeownership educators/counselors will not permit their private conduct to interfere with their ability to fulfill their professional responsibilities. 7. Payment for Services • When setting fees, homeownership educators/counselors will ensure that the fees are fair, reasonable and commensurate with the services performed. Clients will be informed of any applicable fees prior to the delivery of any services. • Homeownership educators/counselors will not solicit a private fee or other personal remuneration for providing services to clients. S. Discontinuation of Services • Homeownership educators/counselors will close files and discontinue services to clients when such services are no longer required or no longer serve the clients' needs or interests. 9. Consultation • Homeownership educators/counselors will seek the advice and counsel of more experienced colleagues whenever such consultation is in the best interests of clients. Consultation ~,::~ 30 will only be sought from colleagues who have demonstrated knowledge, expertise and competence related to the subject of the consultation. s When consulting with colleagues about clients, homeownership educators/counselors will disclose the least amount of information necessary to achieve the purposes of the consultation. • Client information will only be shared with other colleagues with the written consent of the client. io. Referrals • Homeownership educators/counselors will limit services to those within their training and expertise and refrain from giving legal, tax or accounting advice unless licensed to do so. Non-homeownership issues should be referred to other appropriate agencies to serve clients fully. • Homeownership educators/counselors shall not give payment or receive payment from an outside source for a referral unless professional services of comparable value have been provided. lx. Integrity of the Homeownership Education and Counseling Profession • Homeownership educators/counselors will work toward the maintenance and promotion of high standards of practice for the industry. • Homeownership educators/counselors will uphold and advance the values, ethics, knowledge and mission of the profession. They will protect, enhance and improve the integrity of the profession through service development, partnerships and active participation in the industry. s Homeownership educators/counselors will contribute time and professional expertise to activities that promote respect for the value, integrity and competence of their profession. z r-t O~ (!1 r-t~ -^c `,` rfi 93 Q. (11 f~ O CD O -h rn r-t _~ n~ (n Q n 0 Q n r-i- 3i ,~ ~\ o~ P~~ N ~ U S T R Y S r~~~ 9 ~~~.~~~a o = G V y '`~ ~fiF~ ADOPTER L~ ~y7pFDUCASI~~~ Homeownership Done Right:' LE~4RN Ht~'Il ~'0 ~ National Industry Standards for Homeownership Education and Counseling Unifying the industry on the issue of education and counseling standards is the first step to achieving that goal on a national level. An organization can make the commitment to incorporate the National Industry Standards in their day-to-day business practices to help promote a high level of consistency and quality in homeownership education and counseling nationwide. Your organization can adopt the Standards by following these simple steps: Q Go online to www.homeownershipstandards.com. Select the Sign Up button from the homepage (the executive director or ahigh-ranking decision-maker for your organization must complete the sign-up form). Q Download and read through the National Industry Standards Guidelines and Code of Ethics and Conduct (each staff member should also read and complete the Code of Ethics and Conduct). Q Provide information about your agency (be sure to include complete training and certification information for each of your counseling staff). Q Submit copies of your staff's training and certification details to: National Industry Standards 1325 G Street, NW, Suite 800 Washington, D.C. zooo5 Or, fax to zoz-376-7276, Attn. National Industry Standards. Upon review and verification of your submittal, you will receive notification of your adoption status. Once approved, your organization's name will be listed as an adopter on the National Industry Standards website and a Certificate of Adoption wilt be mailed. If you have questions about the National Industry Standards, call 866-472-9477• www.homeownershipstandards.com The National Industry Standards for Homeownership Education and Counseling were developed in a collaborative effort by a diverse group of housing industry partners to meet the need for quality counseling and education services thaf strengthen long=Perm homeownership., ,. ,, .., _. :: ." Bank of America ~ v ~° ~~ - ~: Minnesota Housing . '- Chase "L`r ,Mortgage and Credit ,Center ~_r' _ . Chrysalis Consulting. Group, LLC ` ' ~` ~~' ~ ~>. NAREB National Investment Division Citi ~ National Association of REALTORS'' Community Development Corporation of Long Island," Inc. National Council of State'Housing Finance Agencies Consumer Credit Counseling Services of Sarr Franusco . = Natidnaf Counul of La Raza " Fannie'Mae ~'~ _ ~ ~ NeighborWorks~' America FederaLReserve Board - NHS of Great Falls .Freddie Mac. _ U.S. Department'Qf Housing and Urban Developi7~ent . Y The''_Housing: Partnership Network ~ Wells Fargo' ~~ r The Advisory Council for the National Industry Standards for Homeownership Education arid Counseling was convened by the Neigf~borWorks'~ Center for Homeownership Education and Counseling (NCHEC). Mike Haley, Minnesota Housing, Chairman ` g g Center, Vice-Chair. Cora Fulmore, Mort a e & Credit Jayna Bower, NeighborWorks'° America Director, NCHEC ~ . ill Y _~~ ~.~ ... .~ _ ... µ ~: ' National Industry Standards fo_r °~ ~ _ _ ~GoudseGng ~<° Homeownership'Edrucation an¢ w .. _ a - 1325 G Street, NW, Suite;8oo VJash'ingtan, DC ZoaoS f „~. ~` _-- www.homeo~rmershipstaridards.tom 866-472-9477 ~ ~ ® ~~~_ I ,~~> ~ t Printed on recycled p _F } ~ ~ with soy-based inks.. '~ n7~~ . f A ` - - 1- ~. _- CouwTy F L O R I D A -~ VI-H5 07/20/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) PREVIOUS~,ACTION: June 15, 2010 -Board approved Community Services Block Grant amendment accepting additional funds. RECOMMENDATION: Board approval of the contract amendment with the COA for support of Meals on Wheels and authorization for the Chairman to sign all documents as approved by the County Attorney. AGENDA REQUEST T4: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Stefanie Myers SUBMITTED BY: Housing and Community Services/Community Community Services Manager Services SUBJECT: Council on Aging (COA) Meals on Wheels First Amendment BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001510-6420-331691-600 Department of Health and Human Services COMMISSION ACTION: ~. APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Comm. Coward Absent ITEM NO. DATE: CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Sis~natures County Attorney ( ) OMB Director ~1 ~-~, Budget Analyst Da el McIntyre Originating Dept. ( } ° Beth Ryder Marie Gouin Sophia Holt COUNTY F L O R I D A Housing and Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director (%/ FROM: Stefanie Myers, Community Services Manager DATE: July 20, 2010 SUBJECT: Council on Aging (COA) Meals on Wheels First Amendment ITEM NO. VI -- H5 Background: The Community Services Block Grant (CSBG) is a federal grant designed to assist residents toward self-sufficiency. This includes supporting seniors to remain independent in their homes to avoid the need for premature long term care admissions. The COA has a waiting list of individuals and families in need of nutritious meals. In response to this need, an initial allocation of funds in the amount of $19,000 was given to COA. This amendment increases the agreement by $10,000 for a total of $29,000. This will allow a total of 46 individuals and families to be assisted. Recommendation Board approval of the contract amendment with the COA for support of Meals on Wheels and authorization for the Chairman to sign all documents as approved by the County Attorney. Attachments: Amendment FIRST AMENDMENT TO DECEMBER 23, 2009 GRANT AGREEMENT (C09-12-61'n THIS FIRST AMENDMENT made this day of 2010, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and COUNCIL ON AGING OF ST. LUCIE, INC., or its successors, executors, administrators, and assigns hereinafter called the "Council" WITNESSETH: WHEREAS, on December 23, 2009, the parties entered into an Agreement which provided for the County to disperse a grant in the amount of nineteen thousand and 00/100 dollars ($19,000.00) to the Council for the Meals on Wheels program for the period October 1, 2009 through and including September 30, 2010; and, WHEREAS, the parties desire to amend the Agreement to increase the total amount of grant funds to be disbursed under the Agreement. IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. Paragraph 1 of the Agreement is hereby amended to read as follows: 1. The County shall disperse to the Council a grant in the amount of twenty-nine thousand and 00/100 dollars ($29,000.00) per year for the Meals on Wheels program for the period October 1, 2009 through and including September 30, 2010. Payment to the Council shall be made based upon monthly invoices at a rate not to exceed five and 32/100 dollars ($5.32) per meal. Those receiving assistance under this Agreement must have household income at no more than two hundred percent (200%) of the poverty level pursuant to the Community Services Block Grant ("CSBG") requirements attached hereto as Exhibit "A." The grant funds shall be provided under the CSBG regular allocation received by the County in accordance with the CSBG grant guidelines . 2. Except as amended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: COUNCIL ON AGING OF ST. LUCIE, INC. BY: SECRETARY PRESIDENT (SEAL) ~- COUNTY F L O R I D A -~- CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Stefanie Myers SUBMITTED BY: Housing and Community Services/Community Community Services Manager Services SUBJECT: Choose Life Funding Award BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-6420-534000-69001 Choose Life License Plate Program PREVIOUS ACTION: April 17, 2010 -Board approved permission to advertise a RFQ for the Choose Life License Plate fund. RECOMMENDATION: Board approval for award and grant agreement with Care Net Pregnancy Services of the Treasure Coast and Home for Families; and authorization for the Chairman to sign all documents as approved by the County Attorney. COMMISSION ACTION: ~ APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Comm. Coward Absent ITEM NO. VI-H6 DATE: 07/20/10 AGENDA REQUEST REGULAR ( ) PUBLIC ( ) HEARING LEG. ( ) QUASI-JD ( ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Si4natures County Attorney ( ) ~ r •~ OMB Director Danie S. McIntyre Budget Analyst Originating Dept. ( ) Beth Ryder ~, ,. ,_ ~ ? c) Marie ouin Sophia Holt ~~~ C o u NT y F L O R I D A-"'' J Housing and Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director~y~~ FROM: Stefanie Myers, Community Services Manager DATE: July 20, 2010 SUBJECT: Choose Life Funding Award ITEM NO. VI- H6 Background: Section 320.08058 (29) of the Florida Statutes stipulates that the fees collected from the purchase of the Choose Life license plates shall be distributed annually to each county. The County is required to distribute the funds to non-governmental, not-for-profit agencies located within its boundaries. Agency services are limited to counseling and meeting the physical needs of pregnant women who are committed to placing their children up for adoption. St. Lucie County has been involved in this program since 2001. The current amount to be disbursed is $5,741.19 for Care Net Pregnancy Services of the Treasure Coast and $5,741.18 for Home for Families totaling $11,482.37. Recommendation: Board approval for award and grant agreement with Care Net Pregnancy Services of the Treasure Coast and Home for Families; and authorization for the Chairman to sign all documents as approved by the County Attorney. GRANT AGREEMENT THIS AGREEMENT, made this 1st day of July, 2010 between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and CARE NET PREGNANCY SERVICES OF THE TREASURE COAST, or its successors, executors, administrators, and assigns hereinafter called the "Recipient": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Recipient a grant in the total amount of Five Thousand Seven Hundred Forty One and No/100 dollars ($5741.19) to be used in accordance with the provisions of Section 320.08058(30), Florida Statutes(2008). Payment to the Recipient shall be made in one lump sum payment within thirty (30) days of the date this Agreement is executed by both parties. 2. On or before August 15, 2010, the Recipient shall provide the County Community Services Director with a report regarding the use of the funds and the services provided to St. Lucie County residents. 3. The Recipient shall have internal controls adequate to safeguard the grant. 4. If the grant can not be used or a subsequent audit reveals the grant was not used according to the provisions of Section 320.08058(30), Florida Statutes(2008), and/or this Agreement, any money not so used shall be reimbursed to the County. 5. The Recipient shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of monies disbursed pursuant to this Agreement. The Recipient shall provide written monthly and annual reports regarding the expenditure of all monies disbursed pursuant to this Agreement. The Recipient shall submit quarterly reports within fifteen (15) days after the end of each quarter (December 31,2009, March 31, 2010, June 30, 2010, September 30, 2010) and the annual report within thirty (30) days during which funds are expended under this Agreement. 6. The Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising there from are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Recipient is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Recipient shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by the Recipient or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Recipient hereby acknowledges that the payments made underthis Agreement include specific consideration forthe indemnification provided herein. 8. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. 9. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: TO THE COUNTY: St. Lucie County Administrator Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 WITH COPY TO: St. Lucie County Attorney Administration Annex 2300 Virginia Ave., 3rd Floor. Fort Pierce, Florida 34982 TO THE RECIPIENT: Care Net Pregnancy Services of the Treasure Coast 8432 South Federal Highway Port St. Lucie, Florida 34952-3306 10. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, the Recipient agrees to use said forms. 11. The Recipient represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes (2008) and as may be amended from time to time. The Recipient further represents that no person having any interest shall be employed for said performance. The Recipient shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Recipient's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Recipient may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Recipient. The County agrees to notify the Recipient of its opinion by certified mail within thirty (30) days of receipt of notification by the Recipient. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Recipient, the County shall so state in the notification and shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Recipient under the terms of this Agreement. 12. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 13. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 14. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations oragreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: CARE NET PREGNANCY SERVICES OF THE TREASURE COAST BY: NAME: Sue Chess TITLE: Executive Director i- ITEM NO. I-1 ` ~ `- DATE: 07/20/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (x ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY• Don McLam~~'`' SUBMITTED BY: Central Services Assistant Director SUBJECT: Award of Bid No. 10-042 -Construction of Little Mud Creek Boat Ramp BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 187800-6230-563000-106601 (Pending BOCC approval) PREVIOUS ACTION: March 24, 2009 - BOCC approval to submit a grant application to the Florida Inland Navigation District (FIND) Waterways Assistance Program. July 14, 2009 - BOCC approval to use local FBIP Reserves as a match for the FIND grant. May 4, 2010 - BOCC approval to advertise an Invitation to Bid Construction of Little Mud Creek Boat Ramp. RECOMMENDATION: Board approval to award Bid No. 10-042 to Summerlin's Marine Construction, authorization for the Chairman to sign documents as approved by the County Attorney, approval of Budget Resolution No. 10-153 and Budget Amendment No. 10-023. COMMISSION ACTION: (~ APPROVED ( ) ( ) OTHER Approved 4-0 Comm. Coward Absent County Attorney (x ) Originating Dept. (x ) DENIED Coordination/Signatures ~ ~sv, n McIntyre 4-0~ oger A. Shinn CONCURRENCE: _~ W. Outlaw, MPA County Administrator OMB Director x ~ Budget Analyst ( ) ~ C~~ Contract Coordinator Marie Gouin Patty Marston Melissa Simberlund Mosquito Control (x ) ' m David H \ AGENDA - 359 Central Services MEMORANDUM TO: Board of County Commissioners THROUGH: Roger A. Shinn, Director~(~ G r~ FROM: Don McLam, Assistant Director~d~` Central Services DATE: July 20, 2010 SUBJECT: Award of Bid No. 10-042 -Construction of Little Mud Creek Boat Ramp ITEM NO. I-1 Background: Invitation to Bid went out May 16, 2010 for Bid No. 10-042, Construction of Little Mud Creek Boat Ramp project. Located on South Hutchinson Island, the Blueway Committee Management Plan that covers Blind Creek includes construction of a boat ramp on the shore of Little Mud Creek. Bids were due June 16, 2010. Per Demandstar.com, 364 companies were notified, 35 bid documents distributed and seven bids received (Attachment 1). Summerlin's Marine Construction of Ft. Pierce (St. Lucie County) was the lowest bidder at $80,500. This project falls under the Local Preference Ordinance. Florida Inland Navigation District (FIND) awarded St. Lucie County a grant in the amount of $40,000 for the Little Mud Creek boat ramp project. Funds in the amount of $40,500 to match the FIND grant are available through local Florida Boating Improvement Project (FBIP) Reserves which are funded by an annual allocation from the Florida Fish and Wildlife Conservation Commission (FWCC) to St. Lucie County for boating improvements. Budget Amendment No. 10- 153 and Budget Amendment No. 10-023 (Attachments 2 & 3) will establish the project budget. Recommendation: Board approval to award Bid No. 10-042 to Summerlin's Marine Construction, authorization for the Chairman to sign documents as approved by the County Attorney, approval of Budget Resolution No. 10-153 and Budget Amendment No. 10-023. ATTACHMENT 1 BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT TABULATION SHEET -BID #10-042 LITTLE MUD CREEK- BOAT RAMP OPENED: JUNE 09, 2010 AT 2:00 PM SEVEN (7) submittals were received for subject proposal: Total Bid Price SUMMERLIN'S MARINE CONSTRUCTION LLC 200 Naco Rd. #C, Ft. Pierce, FL 34946 $ 80 500 00 Tel: 772-464-6090 , . Fax: 772-464-7470 SUNSHINE LAND DESIGN INC. 3291 SE Lionel Terrace, Stuart, FL 34997 $ 106 055 00 Tel: 772-283-2648 , . Fax: 772-283-8944 WILCO CONSTRUCTION INC. 28 N Causeway Dr., Unit #2, Ft. Pierce, FL 34946 $ 111 630 00 Tel: 772-460-6928 , . Fax: 772-460-6929 CUSTOM BUILT MARINE CONST. INC. 1321 SE Decker Ave., Stuart, FL 34994 $ 124 500.00 Tel: 772-288-4254 , Fax: 772-288-2802 COSTON MARINE SERVICES INC. 228 Hibiscus St. Suite 4, Jupiter, FL 33458 $ 130 628 82 Tel: 561-747-4382 , . Fax: 561-745-2387 CONSTRUCT CO. INC. 931 Dennis Ave., Orlando, FL 32807 $ 145 190 00 Tel: 407-282-5340 , . Fax: 407-447-1331 MARINE CONTRACTING GROUP INC. 2511 Vasco St., Unit 112, Punta Gorda, FL 33950 $ 188 450 00 Tel: 941-505-0221 , . Fax: 941-505-0320 Number of companies notified*: 364 Number of bid documents distributed*: 35 Number of bids received: 7 *per demandstar.com CHRIS DZADOVSKY, District No.t ~ 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 2300 Virginia Avenue -Fort Pierce, FL 34982-5652 -Phone (772) 462-1700 - TDD (772) 462-1428 Website: www.co.st-lucie.fl.us ATTACHMENT 2 BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Central Services PREPARED DATE: 5/17/2010 AGENDA DATE: 7/20/2010 ACCOUNT NUMBER TO: 187800-6230-563000-106601 187-6230-563000-106601 FROM: 187-7240-599330-700 ACCOUNT NAME Infrastructure Infrastructure ect AMOUNT $40,000 $500 REASON FOR BUDGET AMENDMENT: To move the county match into the grant fund #187800 for the construction of a Boat Ramp and Canoe /Kayak Launch at Little Mud Creek. Also, to move additional county match into account string #187-6230-563000-106601 to pa' for construction expenses above grant #187800's combined FIND and County Match funds that total $80,000. THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # 8~ INPUT BY: n/a n/a BA10-023 y `~r- RESOLUTION NO. 10-153 ATTACHa,~ENT j WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Inland Navigation District through a Project Agreement, in the amount of $40,000, as funding for the construction of a Boat Ramp and Canoe /Kayak Launch at Little Mud Creek. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 20t'' day of July, 2010, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2009-2010, and the County's budget is hereby amended as follows: REVENUE 187800-6230-337710-106601 FI Inland Navigational District $40,000 APPROPRIATIONS 187800-6230-563000-106601 Infrastructure $40,000 After motion and second the vote on this resolution was as follows: Commissioner Charles Grande, Chairman XXX Commissioner Doug Coward, Vice Chairman XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX PASSED AND DULY ADOPTED THIS 20TH DAY OF JULY 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ITEM NO. I-2 DATE: 07/20/10 TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Central Services REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (x) PRESENTED BY: Don McLam Assistant Director Invitation to Bid Hurricane Shutter Installation at Ave. C Health Department See attached memorandum. FUNDS AVAILABLE: 001-1930-562000-FE017C (General Fund-Hurricane Frances-Avenue C Health Department) PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to advertise an Invitation to Bid for Hurricane Shutter Installation at Avenue C. Health Department. COMMISSION ACTION: CONCURRENCE: (~} APPROVED ( ) DENIED ( ) OTHER ~ Approved 4-0 Comm. Faye W. Outlaw, MPA Coward Absent County Administrator coordination/Signatures County Attorney (x) OMB Director ~~}- Budget Manager Dan McIntyre - i~~~~t.•.,-'tom.. ~ Originating Dept. (x) Purchasing Roger A. Shinn (X) ~ Marie Goui Jennifer Hill X ~ ~~~ Desiree Cimino H \ AGENDA - 361 you NTy F L O R t D A~ Central Services MEMORANDUM TO: Board of County Commissioners THROUGH: Roger A. Shinn, Director Qom' FROM: Don McLam, Assistant Director ~ 8~ ~ ~' v~~~ Central Services DATE: July 20, 2010 SUBJECT: Invitation to Bid Hurricane Shutter Installation at Ave. C Health Department ITEM NO. I-2 Background: In 2004, Hurricane Frances struck St. Lucie County. As a direct result of the severe wind and rain from this storm, the accordion hurricane shutters and all of the housing units that encapsulate the roll down shutter motors were damaged at the Avenue C Health Department. Through the Federal Emergency Management Agency (FEMA), a project worksheet (PW) was prepared for this facility. The PW scope of work included replacement of the accordion shutters and repair of the housing units. The manufacturer of the shutters is no longer in business and staff has been unable to locate a contractor to repair or make the housing units and warranty the repair to Miami-Dade standards. For this reason, revisions to the PW were necessary to reflect replacement of accordion shutters and roll down shutters with motor housing units along with a time extension. In 2006, revisions were done to the PW and submitted to the state for approval. Due to delays in getting the revisions approved, an additional time extension was required and the PW remained in state review for quite some time. Through all this process, staff could not proceed with the project until the revised PW was fully approved. The PW has been approved and staff is ready to move forward with the installation of the hurricane shutters. This facility qualified as a large project under FEMA guidelines and funding will be made available through that process. Additional funding will be made available through insurance proceeds. Recommendation: Board approval to advertise an Invitation to Bid for Hurricane Shutter Installation at Avenue C. Health Department. ITEM NO. VI-J1 COCINTY F L a R 1 D A DATE: 7120/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark A. DiMascio SUBMITTED BY: Parks and Recreation Services Interim Recreation Manager SUBJECT: Concession Services for South County Regional Stadium BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of fourth amendment to Contract No. C06-04-447 with Jimmy Kemp and Domenick Collura adding South County Regional Stadium to the contract, as outlined in the agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (~ APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Comm. Coward Absent County Attorney (X) Originating Dept. (X) ,. =~,: .~ niel c ntyre ebra Brisson CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB/Purchasing Director cX~ ~` Marie Gouin COUNTY `'` F L O R I D A Parks and Recreation MEMORANDUM TO: Board of County Commissi s THROUGH: Debra Brisson, Director FROM: Mark A. DiMascio, Interim Recreation Manag DATE: July 20, 2010 SUBJECT: Concession Services for South County Regional Stadium ITEM NO. VI-J1 Background: In 2006, St. Lucie County entered into a lease agreement with Jimmy Kemp and Dominic Collura, a Fort Pierce vendor, to provide concession services for Lawnwood Sports Complex. The original agreement was for a period of two years and included two additional two-year renewal options. In 2007, the County added the Lakewood Regional Park to the approved list of locations. In 2008, the County exercised the first two-year renewal option extending the agreement through May 15, 2010. On April 13th, 2010 the Board approved the third amendment to the agreement extending the lease through May 15th, 2012. On March 16, 2010 the Board approved staff's request for permission to advertise Request For Proposals for Concessionaire Services at the St. Lucie County Fairgrounds, Havert L. Fenn Center and South County Regional Stadium. Since Lawnwood Sports Complex and South County Regional Stadium are both utilized by the St. Lucie County School District for high school football games, staff has decided it would be advantageous to have the same concessionaire provide services at both facilities and is requesting approval to add South County Regional Stadium td the existing Concession Lease Agreement currently in place with Jimmy Kemp and Dominic Collura at Lawnwood Stadium. This will also allow staff the ability to advertise for concession services at both facilities in the future to maintain consistent quality and pricing. Staff will proceed with a separate RFP for concessionaire services at the Havert L. Fenn Center and the St. Lucie County Fairgrounds as approved on March 16, 2010. Previous Action: April 25, 2006 - BOCC approval of award of contract July 24, 2007 -First amendment adding Lakewood Regional Park to approved locations April 22, 2008 -Second amendment extending the contract through May 15, 2010 March 16, 2010 -Permission to Advertise Request for Proposals for Concessionaire Services April 13, 2010 -Third amendment extending the contract through May 15, 2012 .~. Page 2 July 22, 2010 VI-J1 Recommendation: Board approval of the fourth amendment to Contract No. C06-04-447 with Jimmy Kemp and Domenick Collura adding South County Regional Stadium to the contract, as outlined in this agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. 0 F 0 L 0I ~ NT R Y J 1 D A AGENDA REQUEST ITEM NO. VI-J2 DATE: 7/20/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark A. DiMascio SUBMITTED BY: Parks and Recreation Services Interim Recreation Manager SUBJECT: Change Fund Request for South County Regional Stadium BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-0000-102100-000 (South County Stadium General Ledger) PREVIOUS ACTION: N/A. RECOMMENDATION: Board approval to establish a change fund in the amount of $1,000 for South County Regional Stadium as outlined in the agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: 6LQ APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Comm. Coward Absent Coordination/Sianatures CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Director ~ ~~p County Attorney (X) ~lrz..~, ~ Budget Analyst (X) I Daniel Mc ntyre Marie Gouin Patty Marston Originating Dept. (X) Debra Brisson Parks and Recreation MEMORANDUM TO: Board of County Commissioners THROUGH: Debra Brisson, Director FROM: Mark A. DiMascio, Interim Recreation ManagerQ/ DATE: July 20, 2010 SUBJECT: Change Fund Request for South County Regional Stadium ITEM NO. VI-J2 Background: Per County policy, Board approval is required to establish a change fund for the purpose of providing change at ticket booths. Now that construction improvements at South County Regional Stadium are complete and high school football is scheduled to resume in August, staff is requesting that a $1,000 change fund be established. This will provide the same amount as currently provided for Lawnwood Stadium. Recommendation: Board approval to establish a change fund in the amount of $1,000 for South County Regional Stadium as outlined in this agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. ITEM NO. VI-Kl DATE: 7/20/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( j LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Roberta Breene SUBMITTED BY: Grants/Disaster Recovery Department Grants/Resource Developer SUBJECT: Florida Energy and Climate Commission, Florida Clean Energy Program -Grant Application BACKGROUND: See attached memorandum. FUNDS AVAILABLE: See attached memorandum. PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to submit a funding application for $500,000 to the Florida Energy and Climate Commission, Florida Clean Energy Program. COMMISSION ACTION: CONCURRENCE: ~. APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Comm. Coward Absent _ _~ yF ea W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) ~ ~ a-w, OMB Director D ni I McIntyre K ~.kc.r `1 ~..7 Budget Analyst (X) Marie uin (X) ~~ Robert O'Sullivan Originating Dept. (X) i iam Hoeffner Grants/Disaster Recovery MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner ~~~/~ Grants/Disaster R covery Director FROM: Roberta Breene Grants/Resource Developer DATE: 7/20/10 SUBJECT: Florida Energy and Climate Commission, Florida Clean Energy Program -Grant Application ITEM NO. VI-K1 Background: The purpose of the Florida Clean Energy Grant Program is to provide funding for energy efficiency and renewable energy programs that will help spur economic development in Florida through clean energy products. The focus of St. Lucie County's application will be under the umbrella of the Empower St. Lucie program. Renewable energy and energy efficiency improvements under Empower St. Lucie include: weatherization, HVAC upgrades, solar water heating and solar photovoltaic systems. The methodology for the Empower program includes anon-profit revolving loan fund and a voluntary program similar to a Property Assessed Clean Energy (PACE) program. Energy savings derived from these various improvements will typically exceed monthly principal and low-interest payments. The focus of the subject grant application is on residential energy audits and complete home weatherization projects. Funds available: The grant requires no matching funds. However, the scoring criteria provide a sliding rate of points depending upon the percentage of matching funds contributed. Therefore, the budget will indicate matching funds of at least $547,300 being contributed by private financial institutions subsequent to the establishment of a Community Development Financing Institution (CDFI) by April 30, 2011. Recommendation: Board approval to submit a funding application for $500,000 to the Florida Energy and Climate Commission, Florida Clean Energy Program. ITEM NO. VI- K2 AGENDA REQUEST DATE: 7/20/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI~ID ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:r~~,~ Roberta Breene /c:n'~ SUBMITTED BY: Grants/Disaster Recovery Department Grants/Resource Developer SUBJECT: Severe Repetitive Loss Program -Contracts BACKGROUND: See attached memorandum. FUNDS AVAILABLE: See attached memorandum. PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval to execute Severe Repetitive Loss (SRL) agreements with six homeowners (Attachment A), to sign Final Mitigation Offers and Consultation Agreements, and to approve Budget Resolution Nos. 10-195, 10-196, 10-197, 10- 198, 10-199, and 10-200 (Attachment B) to establish the project accounts. COMMISSION ACTION: CONCURRENCE: bQ APPROVED ( ) DENIED ( ) OTHER ~ ~ -~-~ Approved 4-1 Comm. Faye W. Outlaw, MPA Coward Absent County Administrator Coordination/Sig natures County Attorney (X) ,rr~ OMB Director (X) Dani I McIntyre arie Gouin `~~ Budget Analyst (X) Robert O'Sullivan Originating Dept. (X) ~,/J Central Services (X) ~ Director (~ Wil am Hoeffner R ~er~SF~ j2~, , ~ ~ 1P""' Central Services (X) Environmental (X) Don McLam Resources Dept. Smith Property Acquisition (X) JoAnn Riley Grants/Disaster Recovery MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner ~~ Grants/Disaster Recovery Director FROM: Roberta Breene ~~-~ Grants/Resource Developer DATE: 7/20/2010 SUBJECT: Severe Repetitive Loss Program -Contracts ITEM NO. VI-K2 Background: Applications were submitted to the Federal Emergency Management Agency (FEMA) to mitigate seven residential properties that qualify under the Severe Repetitive Loss Pilot Program (SRL). This program is designed to provide funding to reduce or eliminate the long-term risk of flood damage to severe repetitive loss structures insured under the National Flood Insurance Program. The grant requires no funding from the County and allows 5% of the project cost for administration and project management to be paid to the County. Agreements between St. Lucie County and the Florida Division of Emergency Management (FLDEM) have been executed for six of the seven projects. Three of the contracts are for acquisition, and three are for elevation. The remaining application is still under review. This agenda item now seeks approval to accept and execute agreements between the County and each of the homeowners (Attachment A). Each agreement references the requirements of the respective agreement between the County and the FLDEM. In addition, approval is sought for the Chairman to sign Consultation Agreements, the Final Mitigation Offers and the Budget Resolutions to establish project accounts. The three elevation projects will require project management by the Central Services Department until completed. The three acquisition projects will require project management by the Grants/Disaster Recovery Department and the Property Acquisition Manager. The three acquisition projects will also require perpetual open space oversight by the Environmental Resources Department. Funds Available 001522-1930-561000-100, Land, $351,059 001524-1930-561000-100, Land, $217,691 001525-1930-561000-100, Land, $271,279 001526-1930-583000-100, Other Grants and Aids, $284,618 001527-1930-583000-100, Other Grants and Aids, $ 60,802 001528-1930-583000-100, Other Grants and Aids, $183,908 001522-1930-549110-100, General and Administrative Cost, $ 19,612 001524-1930-549110-100, General and Administrative Cost, $ 12,162 001525-1930-549110-100, General and Administrative Cost, $ 15,156 001526-1930-549110-100, General and Administrative Cost, $ 15,409 001527-1930-549110-100, General and Administrative Cost, $ 3,238 001528-1930-549110-100, General and Administrative Cost, $ 7,565 Previous Action June 1, 2010, -Board approval to accept and execute one Severe Repetitive Loss grant contract with the Florida Department of Emergency Management May 4, 2010 -Board approval to accept and execute five Severe Repetitive Loss contracts with the Florida Department of Emergency Management November 3, 2009 - BOCC approval to submit additional data for elevation/reconstruction projects. October 20, 2009 - BOCC approval to withdraw and re-submit three acquisition applications. May 26, 2009 - BOCC Board approval of $24,000 for technical services to complete applications. May 13, 2008 - BOCC approval to submit eight applications. Recommendation: Board approval to execute Severe Repetitive Loss (SRL) agreements with six homeowners (Attachment A), to sign Final Mitigation Offers and Consultation Agreements, and to approve Budget Resolution Nos. 10-195, 10-196, 10-197, 10-198, 10-199, and 10-200 (Attachment B) to establish the project accounts. Attachment A Severe Repetitive Loss Pilot Program Contracts for Six Properties Recommended for Board Approval July 20, 2010 Property Owner Mitigation Open Estimated Space Benefit Acres of Contracts Mr. and Mrs. Jerry Davis Elevation $ 333,362 3739 S. 25th Street Fort Pierce, FL 34982 Mr. and Mrs. John Demaio Elevation $ 71,154 10701 S. Ocean Drive, Lot 925 Jensen Beach, FL 34957-2637 Ms. Gloria Hidalgo Acquisition 2.68 $ 411,856 2502 Isola Bella Drive Fort Pierce, FL 34981 Ms. Lorraine Holmes Acquisition 0.94 $ 255,391 3768 Wild Orchid Lane Fort Pierce, FL 34981-5225 Mr. and Mrs. James Longstreet Elevation $ 212,747 614 Faber Avenue Fort Pierce, FL 34949-3551 Mr. and Mrs. William Shultz Acquisition 0.95 $ 318,260 3731 Wild Orchid Lane Fort Pierce, FL 34981-5226 Total 3.63 $1,602,770 RESOLUTION NO. 10-195 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the State of Florida, Division of Emergency Management, in the amount of a $64,040 Severe Repetitive Loss grant for home elevation at 10701 South Ocean Drive, Venture Iil, Lat 92, Jensen Beach FI 34957. WHEREAS, Section 129.06 (d}, Florida Statutes, requires the Board of Coun#y Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 20th day of July, 2010, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2009-2010, and the County's budget is hereby amended as follows: REVENUE 001527-1930-331233-100 APPROPRIATIONS 001527-1930-583000-100 001 527-1 930-5491 1 0-1 00 Department of Homeland Security Other Grants 8~ Aids General & Administrative Cost After motion and second the vote on this resolution was as follows: Commissioner Charles Grande, Chairman Commissioner Doug Coward, Vice Chairman Commissioner Chris Craft Commissioner Chris Dzadovsky Commissioner Paula Lewis PASSED AND DULY ADOPTED THIS 20TH DAY OF JULY 2010. ATTEST: X)OC XXX XXX XXX XXX $64,040 $60,802 $3, 238 BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY RESOLUTION NO. 10-196 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the State of Florida, Division of Emergency Management, in the amount of a $370,671 Severe Repetitive Loss grant for acquisition at 2502 Isola Bella Drive, Fort Pierce, F134981. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 20th day of July, 2010, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2009-2010, and the County's budget is hereby amended as follows: REVENUE 001522-1930-331233-100 Department of Homeland Security $370,671 APPROPRIATIONS 001522-1930-561000-100 001 522-1 930-5491 1 0-1 00 Land General & Administrative Cost After motion and second the vote on this resolution was as follows: Commissioner Charles Grande, Chairman XXX Commissioner Doug Coward, Vice Chairman X)OC Commissioner Chris Craft )OCX Commissioner Chris Dzadovsky X)OC Commissioner Paula Lewis XXX PASSED AND DULY ADOPTED THIS 20TH DAY OF JULY 2010. $351,059 $19,612 ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY RESOLUT[ON NO. 10-197 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the State of Florida, Division of Emergency Management, in the amount of a $300,027 Severe Repetitive Loss grant for home elevation at 3739 South 25"' Street, Fort Pierce, FI 34981. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 20th day of July, 2010, pursuant to Section 129.06 {d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2009-2010, and the County's budget is hereby amended as follows: REVENUE 001526-1930-331233-100 APPROPRIATIONS 001526-1930-583000-100 001 526-1 930-5491 1 0-1 00 Department of Homeland Security Other Grants & Aids General & Administrative Cost After motion and second the vote on this resolution was as follows: Commissioner Charles Grande, Chairman Commissioner Doug Caward, Vice Chairman Commissioner Chris Craft Commissioner Chris Dzadovsky Commissioner Paula Lewis PASSED AND DULY ADOPTED THIS 20TH DAY OF JULY 2010. ATTEST: XXX XXX XXX XXX XXX $300,027 $284,618 $15,409 BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY RESOLUTION NO. 10-198 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the State of Florida, Division of Emergency Management, in the amount of a $191,473 Severe Repetitive Loss grant for home elevation at 614 Faber Avenue, Fort Pierce, FI 34949. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St, Lucie County, Florida, in meeting assembled this 20th day of July, 2010, pursuant to Section 129.06 (d}, Florida Statutes, that such funds are hereby appropriated for the fiscal year 2009-2010, and the County's budget is hereby amended as follows: REVENUE 001528-1930-331233-100 Department of Homeland Security APPROPRIATfONS 001528-1930-583000-100 Other Grants & Aids 001 528-1 930-5491 1 0-1 00 General & Administrative Cost After motion and second the vote on this resolution was as follows: Commissioner Charles Grande, Chairman Commissioner Doug Coward, Vice Chairman Commissioner Chris Craft Commissioner Chris Dzadovsky Commissioner Paula Lewis PASSED AND DULY ADOPTED 7HiS 20TH DAY OF JULY 2010. XXX XXX XXX XXX XXX $191,473 $183,908 $7, 565 ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCiE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY RESOLUTION NO. 10-199 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the State of Florida, Division of Emergency Management, in the amount of a $286,435 Severe Repetitive Loss grant for acquisition at 3731 Wild Orchid Lane, Fort Pierce, F! 34981. WHEREAS, Section 129.06 {d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 20th day of ,luly, 2010, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2009-2010, and the County's budget is hereby amended as follows: REVENUE 001525-1930-331233-100 Department of Homeland Security $286,435 APPROPRfATIONS 001525-1930-561000-100 001 525-1 930-5491 1 0-1 00 Land General & Administrative Cost $271,279 $15,156 After motion and second the vote on this resolution was as follows: Commissioner Charles Grande, Chairman XXX Commissioner Doug Coward, Vice Chairman XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovslcy )OOC Commissioner Paula Lewis XXX PASSED AND DULY ADOPTED THIS 20TH DAY OF JULY 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY RESOLUTION NO. 10-200 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budge# for St_ Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the State of Florida, Division of Emergency Management, in the amount of a $370,671 Severe Repetitive Loss grant for acquisition at 3768 Wild Orchid Lane, Ft. Pierce, FI 34984. WHEREAS, Section 129.06 {d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. MOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 20th day of July, 2010, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2009-2010, and the County's budget is hereby amended as follows: REVENUE 001524-1930-331233-100 Department of Homeland Security $229,853 APPROPRIATIONS 001524-1930-561000-100 001 524-1 930-5491 1 0-1 00 Land General & Administrative Cost After motion and second the vote on this resolution was as follows: Commissioner Charles Grande, Chairman )OOC Commissioner Doug Coward, Vice Chairman X?OC Commissioner Chris Craft X)CX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX PASSED AND DULY ADOPTED THIS 20TH DAY OF JULY 2010. $217,691 $12,162 ATTI=ST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ITEM NO. VI-K3 DATE: 7120/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Roberta Breene SUBMITTED BY: Grants/Disaster Recovery Department Grants/Resource Developer SUBJECT: Florida Department of Transportation, County Incentive Grant Program -Two Grant Applications BACKGROUND: See attached memorandum. FUNDS AVAILABLE: See attached memorandum. PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval: (1) of Staff's recommended prioritization of two proposed grant applications; (2) of the submittal of two applications to the Florida Department of Transportation, County Incentive Grant Program for a total amount not to exceed $10, 838, 742. COMMISSION ACTION: ,~- APPROVED ( ) DENIED ( ) OTHER Approved 4.0 Comm. Coward Absent Coordination/Signatures County Attorney (X) ~ rr~ OMB Director an el McIntyre C-t ~..~.~- `1 -~ Budget Analyst Originating Dept. (X) ~ ~~ Public Works ff r County Engineer (X) Wil am Hoe ne CONCURRENCE: y ~ _~ W. Outlaw, MPA County Administrator (X) , arie Gouin (x) I~ Robert O'Sullivan (X) ~.. n West Map Michael Powley Grants/Disaster Recovery MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner fib ~ u~ Grants/Disaster Recove Director FROM: Roberta Breene Grants/Resource Developer DATE: 7/20/10 SUBJECT: Florida Department of Transportation, County Incentive Grant Program -Two Grant Applications ITEM NO. VI-K3 Background: A County Incentive Grant Program (CIGP) application requires at least a 1:1 match of the requested funds. Two current County applications are proposed with a recommended prioritization as follows: 1. Midway Road Widening -South 25th Street to Selvitz Road 2. Kings Highway and Indrio Road Intersection Midway Road: The only east-west emergency evacuation route in central St. Lucie County is Midway Road (CR712). Midway Road is mostly atwo-lane undivided rural roadway and connects directly with Interstate 95. The first of the proposed CIGP applications is for the construction phase for the first of three segments widening Midway Road (CR 615) between South 25th Street and Glades Cut-Off Road (CR709) (Attachment 1). The proposed segment is between South 25th Street and Selvitz Road, including the Selvitz Road intersection. The construction cost of the Midway Road widening project is estimated to be $11,000,000. There is at least $5,700,000 remaining in Transportation Bond funding allocated to this project. In addition, there is $5,800,000 remaining in Transportation Impact Fees for this project. Kings Highway and Indrio Road: The second proposed project encompasses the construction of the intersection of Kings Highway (SR713) and Indrio Road (SR614 to the west and C614 to the east) (Attachment 2). Kings Highway is a state highway (SR713) and has been identified as a regional multimodal network of Indian River, St. Lucie, and Martin counties. The construction cost of the Kings Highway and Indrio Road intersection improvement project is estimated to be $10,677,484. There is no remaining Transportation Bond funding allocated to this project and only a negligible amount of Transportation Impact Fees available. Funds available: The County is requesting $10,838,742 for the two applications and will match the request with $10,838,742, as follows: 1. Account No. 1 01 006-41 1 6-563000-41 1 8, Infrastructure - $5,500,000 of the Midway Road Transportation Impact fees would be used to match the requested $5,500,000 or the Midway Road project. 2. Account No. 31 8-41 1 3-563000-41 1 8, Infrastructure - $5,338,742 of the Midway Road Transportation Bond funding would be used to match the requested $5,338,742 for the Kings Highway and Indrio Road intersection project. With the recommended prioritization of the Midway project, all funding is protected for the Midway project, if necessary. If both projects were to be funded, the net gain to the County would be approximately $10,838,742. Previous Action: April 28, 2009 -Modification of a pending Florida Department of Transportation (FDOT) County Incentive Grant Program (CIGP) agreement to move both CIGP and matching funds from the Kings Highway and Orange Avenue intersection to the Kings Highway and Indrio Road intersection January 6, 2009 -Board approval to: (1) change a pending grant agreement to move $2,000,000 in anticipated FDOT County Incentive Grant Program (CIGP) funds from the Kings Highway and Orange Avenue intersection to the Kings Highway and Indrio Road intersection; and (2) move $500,000 from the Transportation Bond funds designated for Kings Highway and Orange Avenue to the Transportation Bond funds designated for Kings Highway and Indrio Road.. November 6, 2007 -Board approval of the submittal of a funding request to the Florida Department of Transportation (FDOT), Transportation Regional Incentive Program (TRIP) in the amount of $2,500,000 to be used for right-of-way acquisition for the construction of the intersection of Kings Highway and Indrio Road. We have been awarded these funds. Recommendation: Board approval: (1) of Staff's recommended prioritization of two proposed grant applications; (2) of the submittal of two applications to the Florida Department of Transportation, County Incentive Grant Program for a total amount not to exceed $10,838,742. a C:\Drawings\CA-HAUSCHILD\MIDWAY-RD-2009AERIAL-GLADES-CUTOF-E-2-SL-RIVER.dwg, 6/3012010 10:04:26 AM, 1:400, SLCPWD-ED D.S.Ard Attachment 1 ~i ' ~,:~ya - .m: de`s: . . - .- . a~ ~ ~ ~ri 1 a i a~ y1. ,.r 4,~ i a ~ / 'a • a iia ~ ~; ,~. ~:._~,j .. ~~ ~r ',~i ~~ ~` ~~ ~--''~~gg~ I ~+l. gr' s,, th-, SST"=~ ~.~ °~ N Kings Hwy - Indrio Rd Attar"ment2 5.e.rF f+w.,....~ ihp..n:..r A 0 20 40 60 80 ^N\\ Intersection Feet Map prepared June 28, 2007 ~'°` AGENDA REQUEST ~ - - -~ --- • ~ r TO. BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VII- DATE: July 20, 2010 REGULAR [] PUBLIC HEARING [xx] CONSENT [] PRESENTED BY: Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Ordinance No. 10-024 -County Senl and Logo BACKGROUND: See CA10-747 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends approval of proposed Ordinance No. 10-024. COMMISSION ACTION: pd APPROVED [ ]DENIED [ ]OTHER: Approved 4-0 Comm. Coward Absent CONCURRENCE: l~ Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: ~ ~ Management d Budget Purchasing: _ Daniel 5. McIntyre Originating Dept. Public Works Dir. County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 S - ~ _ _ INTER-OFFICE MEMORANDUM ~ ST. LUCIE COUNTY, FLORIDA .. TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO.: 10-747 DATE: July 20, 2010 SUBJECT: Ordinance No. 10-024 -County Seal and Logo BACKGROUND: Section 165.043, Florida Statutes, allows counties to designate an official seal. Staff recommends that the Board designate the already-existing county seal as its official seal. The use of the county logo by persons or entities other than the County causes confusion to the public. Staff therefore additionally recommends that the Board designate the already- existing county logo as its official logo. RECOMMENDATION/CONCLUSION: Staff recommends approval of proposed Ordinance No. 10-024. Respectfully submitted, Heather Sperrazza Lueke Assistant County Attorney ORDINANCE NO. 10-024 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA, AMENDING CHAPTER 1-2, "ADMINISTRATION," OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS ADOPTING AN OFFICIAL COUNTY SEAL AND LOGO; CREATING SECTION 1-2-2, "COUNTY SEAL", CREATING SECTION 1-2-3, "COUNTY LOGO," PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners for St. Lucie County, Florida, has made the following determinations: 1. Section 165.043, Florida Statutes, allows counties to designate an official seal. 2. The Board wishes to designate the already-existing county seal as its official seal. 3. The use of the county logo by persons or entities other than the County causes confusion to the public. 4. The Board additionally wishes to designate the already-existing county logo as its official logo. PART A. The specific amendments to the St. Lucie County Code and Compiled Laws are as follows: ARTICLE I. IN GENERAL Sec. 1-2-2. County Seal. (a) Adoption of seal. The seal described and depicted in subsection (b) hereinbelow is hereby adopted as the official seal of Saint Lucie County, a political subdivision of the State of Florida. (b) Description of seal. The seal of Saint Lucie County consists of a circle, inside of which is a second smaller circle, inside of which is a third smaller circle. Inside the first circle are the words "COUNTY COMMISSIONERS," then a star, then the words "ST. LUCIE COUNTY, FLORIDA," then a star. Inside the second circle are figures depicting, starting at the top and going clockwise, an airplane, a sailboat, two palm trees, two cows, three oranges, and a sailfish. Inside the third circle is a figure depicting the shape of St. Lucie County. A reproduction of the seal is set forth below. ~y GOMM'SSp o~~y~ v ~ ~~ ~a~ `G~~F couNTV,F~'o~ (c) Approved use; unlawful practices; penalties. The county's seal shall be manufactured, used, displayed, or otherwise employed only for official Saint Lucie County government business. Use of the seal for general public and media applications may be authorized upon the written approval of the county administrator or designee. In no case, however, shall the seal be used for any commercial activity or for any other activity resulting in personal monetary gain. Unauthorized use of the county's seal in any manner or format, including black and white or other color scheme, shall be a violation of this section and punishable as provided by law. Sec. 1-2-3. County Logo. (a) Adoption of logo. The logo described and depicted in subsection (b) hereinbelow is hereby adopted as the official logo of Saint Lucie County, a political subdivision of the State of Florida. (b) Description of logo. The logo of Saint Lucie County consists of a rectangle within which is depicted a sailfish emerging from blue ocean below a light blue sky, next to the words "ST. LUCIE COUNTY FLORIDA," above and below this is a thin stripe of yellow and then a thick stripe of green. A reproduction of the logo is set forth below. ~ _ - ~ • ~''~ -- (c) Approved use; unlawful practices; penalties. The county's logo shall be manufactured, used, displayed, or otherwise employed only for official Saint Lucie County government business. Use of the logo for general public and media applications may be authorized upon the written approval of the county administrator or designee. In no case, however, shall the logo be used for any commercial activity or for any other activity resulting in personal monetary gain. Unauthorized use of the county's logo in any manner or format, including black and white or other color scheme, shall be a violation of this section and punishable as provided by law. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable 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. PART C. 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. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. 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 upon filing with the Secretary of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Charles Grande, Chairman XXX Doug Coward, Vice Chairman XXX Commissioner Chris Dzadovsky XXX Commissioner Chris Craft XXX Commissioner Paula Lewis XXX PART H. 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, 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney .~ _ J: i a ~ ~ AGENDA REQUEST REGULAR ( ) PUBLIC HEARING (X ) LEG. ( ) QUASI~ID ( ) CONSENT ( ) T0: BOARD OF COUNTY COMMISSIONERS PRESENTED Bl •, Barbara Guettler SUBMITTED BY: Public Works -Engineering MSBU Assistant SUBJECT: Holiday Pines, Blakely, Queens Cove, River Park 1, River Park 2, Sheraton Plaza, Paradise Park, and Palm Lake Gardens Street Lighting Districts BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board adoption of Item No. VII-B Resolution No. 10-174, Item No. VII-C Resolution No. 10-175, Item No. VII-D Resolution No. 10-176, Item No. VII-E Resolution No. 10-178, Item No. VII-F Resolution No. 10-179, Item No. VII-G Resolution No. 10- 180, Item No. VII-H Resolution No. 10-181, and Item No. VII-I Resolution No. 10- 182, as outlined in the agenda memorandum. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Comm. Coward Absent ITEM NO. VII-B-I DATE: 7/20/2010 CONCURRENCE: ~- --_~ Faye W. Outlaw, MPA County Administrator Coordination/Si~tnatu res County Attorney (X) OMB Director (X ) Budget Analyst Daniel McIntyre Originating Dept. (X) ~ ~~~ n. +~ County Engineer (X ) D Wald West i1'1 Marie Gouin ~! Michael Powley Public Works MEMORANDUM TO: Board of County Commissioners n THROUGH: Donald B. West, Public Works Director ~yl'~L ~~~ FROM: Barbara Guettler, MSBU Assistant Engineering DATE: July 20, 2010 SUBJECT: Holiday Pines, Blakely, Queens Cove, River Park 1, River Park 2, Sheraton Plaza, Paradise Park, and Palm Lake Gardens Street Lighting Districts ITEM NO. VII-B-I Background: The County has 19 Street Lighting Districts (SLDs). Two of the districts were created in 2000 and are funded by non-ad valorem special assessments based upon equivalent dwelling units (EDUs) whereby the cost of providing the street lighting services are allocated on a pro rata basis among the parcels which benefit from each district. The 17 other SLDs were created as ad valorem assessments based on property value. As a result of recent decreases in property value and increases in the cost of electricity, however, the proceeds of the ad valorem assessments are no longer sufficient to fund the cost of providing street lighting services to the properties within these districts. Therefore, the Board has converted the method of assessment for four of the 17 districts to one based on EDUs and the actual cost of providing the service. The uniform method for collection of non-ad valorem assessments as set forth in Florida Statute 197.3632, is a fair and reasonable way to fund street lighting improvements. If the Board chooses to adopt the attached resolutions, the revised assessment methodology would commence beginning with the 2010-2011 Fiscal Year. Special assessment amounts may vary from year to year depending on fluctuations in the actual cost of the providing the service (electricity, etc.). Each year the Board will adopt an annual assessment resolution approving the amount of the assessment. However, the assessment shall not increase in any subsequent year more than five percent (5%) from the previous year or more than a total of ten percent (10%) above the maximum assessment amount as indicated in the attached corresponding resolution unless the Board gives notice and conducts an additional public hearing. Before the end of the fiscal year, a public hearing will be held for each of the remaining five ad valorem based SLDs (excluding the eight public hearings tonight) for the Board to consider comments from property owners before deciding whether to convert the method of assessment to non-ad valorem special assessments. July 20, 2010 Item No. VII-BI Page 2 Below is a summary of the eight districts which are being considered at separate public hearings during this Board meeting. Agenda Item No. SLD Name Reso. No. No. of Units 2009/2010 Average Assessment Per Unit 2010/2011 Annual Assessment Per Unit Max Annual Assessment Per Unit Max Assessment Monthly Per Unit VII-B Holiday Pines 10-174 600 $14.76 $30.77 $33.85 $2.82 VII-C Blakely 10-175 45 $35.18 $32.92 $36.21 $3.02 VII-D Queens Cove 10-176 204 $29.69 $36.52 $40.17 $3.35 VII-E River Park 1 10-178 1720.88 $18.28 $26.93 $29.62 $2.47 VII-F River Park 2 10-179 262 $34.76 $37.06 $40.77 $3.40 VII-G Sheraton Plaza 10-180 419.08 $20.00 $29.03 $31.93 $2.66 VII-H VII-I Paradise Park Palm Lake Gardens 10-181 10-182 438 88 $23.00 $34.35 $31.06 $47.22 $34.17 $51.94 $2.85 $4.33 On June 25, 2010, property owners were notified by mail of their tentative assessment amounts and of these public hearings. This meeting was also advertised on June 28, 2010. Previous Action: August 24, 1982 -Board approved Resolution No. 82-118, creating the Holiday Pines SLD. January 24, 1984 -Board approved Resolution No. 84-09, creating the Blakely SLD. August 16, 1988 -Board approved Resolution No. 88-241, creating the Queens Cove SLD. March 4, 1969 -Board approved Resolution No. 69-16, creating the River Park 1 SLD. November 7, 1972 -Board approved Resolution No. 72-123, creating the River Park 2 SLD. August 23, 1977 -Board approved Resolution No. 77-93, creating the Sheraton Plaza SLD. April 27, 1982 -Board approved Resolution No. 82.57, creating the Paradise Park SLD. April 2, 1991 -Board approved Resolution No.91-96, creating the Palm Lakes Gardens SLD. December 8, 2009 -Board approved Resolution Nos. 09-337, 09-339, 09-341, 09-329, 09-330, 09-333, 09- 336, and 09-345 stating its intent to use the uniform method of collection for non-ad valorem special assessments levied by the Holiday Pines, Blakely, Queens Cove, River Park 1, River Park 2, Sheraton Plaza, Paradise Park, and Palm Lake Gardens SLDs. Recommendation: Board adoption of Item No. VII-B Resolution No. 10-174, Item No. VII-C Resolution No. 10-175, Item No. VII- D Resolution No. 10-176, Item No. VII-E Resolution No. 10-178, Item No. VII-F Resolution No. 10-179, Item No. VII-G Resolution No. 10-180, Item No. VII-H Resolution No. 10-181, and Item No. VII-I Resolution No. 10- 182, as outlined in this agenda memorandum. RESOLUTION N0.10-174 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, RELATING TO THE PROVISION OF STREET LIGHTING SERVICES, IMPROVEMENTS AND FACILITIES IN THE HOLIDAY PINES STREET LIGHTING DISTRICT AND THE FUNDING THEREOF THROUGH THE IMPOSITION OF NON-AD VALOREM ASSESSMENTS; RATIFYING AND CONFIRMING COUNTY RESOLUTION NO. 82-118; DETERMINING THAT CERTAIN REAL PROPERTY WILL BE SPECIALLY BENEFITED BY THE STREET LIGHTING SERVICES; APPROVING THE METHOD OF ASSESSING THE COST OF SUCH SERVICES AGAINST THE REAL PROPERTY SPECIALLY BENEFITTED THEREBY; APPROVING THE ASSESSMENT ROLL AND DIRECTING CERTIFICATION THEREOF TO THE TAX COLLECTOR; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Article VI, Chapter 1-17 of the St. Lucie County Code of Ordinances (the "Ordinance"), County Resolution No. 82- 118, Sections 125.01, 125.66 and 197.3632, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. This resolution constitutes the Annual Assessment Resolution as defined in the Ordinance. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in the Ordinance. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. SECTION 3. FINDINGS. It is hereby ascertained, determined, and declared as follows: (A) On August 24, 1982, the Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County") adopted Resolution No. 82-118 which established the Holiday Pines Street Lighting District (the "District") as a special improvement service district and provided for the imposition of special assessments to fund the cost of providing street lighting services, improvements and facilities therein. A map describing the boundary of the District is attached hereto as Appendix A. (B) On May 11, 2010, the Board enacted the Ordinance to revise the procedure by which special assessments are imposed within special improvement service districts for purposes of funding street fighting services. Such revised procedure requires adoption of an Annual Assessment Resolution each Fiscal Year approving the Assessment Roll for the District. (C) The Ordinance further provides that in the event the Board desires to implement an alternative apportionment methodology for allocating the cost of Street Lighting Services among the Holiday Pines Street Lighting District Annual Assessment Resolution parcels of real property specially benefited thereby, the Board shall provide notice and conduct a public hearing prior to adoption of the Annual Assessment Resolution. (D) As required by the terms of the Ordinance, notice of a public hearing has been published and mailed to each property owner proposed to be assessed notifying such property owner of the opportunity to be heard; the proof of publication and an affidavit of mailing are attached hereto as Appendices B and C respectively. (E) The Assessment Roll for Fiscal Year 2010-11 has heretofore been filed and made available for public inspection at the offices of the Assessment Coordinator. (F) A public hearing has been duly held and comments and objections of all interested persons have been heard and considered as required by law. (G) The parcels of real property located within the District and described in the Assessment Roll are hereby found to be specially benefited by the provision of Street Lighting Services. Street Lighting Services specially benefit such parcels by enhancing the safety, aesthetics, identification and recognition thereof and access thereto, thus protecting and enhancing the value, use and enjoyment of affected parcels. (H) The special benefits derived from the Street Lighting Services programs contemplated herein exceed the dollar amount of the Assessments to be levied and imposed hereunder. The Assessment for any parcel of property within the District does not exceed the proportional benefits that such parcel will receive compared to any other parcel therein subject to the Assessment. (I) The apportionment methodology approved herein bears a reasonable relationship to the cost of providing Street Lighting Services and is hereby approved. (J) The Assessments to be imposed in accordance with this Resolution provide an equitable method of funding the Street Lighting Services by fairly and reasonably allocating the estimated cost of providing such services among specially benefited property SECTION 4. APPORTIONMENT METHODOLOGY. (A) The following apportionment methodology was utilized in preparing the Fiscal Year 2010- 11 Assessment Roll for the District and is hereby approved as the basis for allocating the cost of Street Lighting Services among the parcels of real property described therein: 2 Holiday Pines Street Lighting District ' Annual Assessment Resolution (1) The District is substantially composed of similarly-sized single family residential parcels. Accordingly, each single family residential parcel shall constitute one equivalent dwelling unit (EDU) for purposes of allocating the cost of providing the Street Lighting Services therein. (2) Individual multifamily units within the District are specially benefitted by Street Lighting Services in the same manner and to substantially the same extent as single family residential parcels, such that each multifamily unit shall constitute one EDU. Individual tax parcels which contain multifamily units shall be assigned one EDU per multifamily unit. (3) The amount of the Assessment per EDU shall be calculated by dividing the total estimated cost of providing the Street Lighting Service by the number of EDUs in the District. (4) As of the date hereof, there are 600 EDUs located within the District. (5) For the Fiscal Year beginning October 1, 2010, the estimated cost of providing Street Lighting Services in the District is $18,462.00. Such estimated cost includes a component to fund or otherwise reimburse the County for costs incurred in administering and maintaining the Assessment program as authorized by Section 1-17-82 of the Ordinance. (6) The maximum amount of the Assessments to be assessed and apportioned among the parcels of real property within the District is hereby established in the amount of $30.77 per EDU for the Fiscal Year 2010-11. (B) Annual Assessment Resolutions for subsequent Fiscal Years may approve annual cost of living or inflationary increases in the amount of the Assessment by a cumulative total of not to exceed 10% of the amount approved hereunder, or a total annual Assessment of $33.85, without requiring additional notice and public hearing prior to adoption of such Annual Assessment Resolutions, as authorized by Section 1-17-79 of the Ordinance. (C) The apportionment methodology approved herein shall be utilized in preparing the Assessment Roll for the District for subsequent Fiscal Years. SECTION 5. RATIFICATION AND CONFIRMATION OF DISTRICT BOUNDARY AND RESOLUTION NO. 82-118. The legal description of the boundary of the District as set forth in Resolution No. 82-118, including any amendment thereto, is hereby ratified, confirmed and 3 Holiday Pines Street Lighting District Annual Assessment Resolution incorporated herein by reference. Except as otherwise modified herein, Resolution No. 82-118 is hereby ratified and confirmed. SECTION 6. IMPOSITION OF ASSESSMENTS. (A) Assessments for Street Lighting Services in the amounts set forth in the Assessment Roll are hereby levied and imposed on all parcels of property described in such Assessment Roll for the Fiscal Year beginning October 1, 2010. (B) Assessments shall constitute a lien upon the parcels of real property subject thereto equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. SECTION 7. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, which is on file with the Assessment Coordinator and incorporated herein by reference, is hereby approved. The Assessment Roll as herein approved shall be delivered to the St. Lucie County Tax Collector for collection pursuant to the Uniform Assessment Collection Act as provided in Section 1-17-81 of the Ordinance. The Board has previously adopted its Resolution No. 09-337 expressing its intent to collect non-ad valorem assessments pursuant to the Uniform Assessment Collection Act. Such resolution constitutes the Resolution of Intent required by the Ordinance. The Assessment Roll, as delivered to the Tax Collector shall be accompanied by a Certificate to Non-Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix D. SECTION 8. COLLECTION OF ASSESSMENTS. The Assessments shall be collected pursuant to the Uniform Assessment Collection Act as provided for in Section 1-17-81 of the Ordinance. SECTION 9. EFFECT OF RESOLUTION. The adoption of this Annual Assessment Resolution shall be the final adjudication of the issues presented herein (including, but not limited to, the special benefit conveyed to assessed property by the Street Lighting Services, the apportionment methodology by which the Assessments are calculated, the Assessment Roll and the levy and lien of the Assessments), unless proper steps are initiated in a county of competent jurisdiction to secure relief within twenty (20) days from the adoption date hereof. 4 Holiday Pines Street Lighting District Annual Assessment Resolution SECTION 10. SEVERABILITY. If any clause, section, or other part of this resolution shall be held by any court of competent jurisdiction unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affection the validity of the other provisions of this resolution. SECTION 11. EFFECTIVE DATE. This Annual Assessment Resolution shall take effect immediately upon its passage and adoption. DULY ADOPTED this 6th day of July, 2010. BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA By: (SEAL) ATTEST: Deputy Clerk Chairman Approved as to Form: County Attorney 5 Holiday Pines Street Lighting District Annual Assessment Resolution APPENDIX A BOUNDARY MAP OF THE DISTRICT Street Lighting District: Holida Pines "' Y ~~ Apn/ 2010 0 ,ee ne i.® xm x ~ s ~, Q DisfiCt Boundary SPANISW'LAKES-BL•~lD L' PRNG ~ TER Parcel Boundary ;3 U 1. 2 DEER PXRK~-iI 37ER / ~ ~ l f~` C ,// ~, SANTA ROSA PKWY p ~ •'~a~~'~' - %; gO ~ Cb ~p ,> F~ ~ ~p~ ~ ~ g/Pt' ~ ^ .~ ~ W, ~ ~ r 2 C~ a_. ~ o ~ / 2 Z d' J ~'~ D %C~= u~ %' a EDEN-RD ~'~ WARBLER LN t~i~~ J~ %'~~~~ ~'~'~~ o0 J f.7 / ~ C W ~/ J ~; „~~ ,i ~y q: .NAIL KITE N ~', < ~ GC'. m f „ J F ALOMk PKWY LL O~ F N f ~. ~.. Eac[E oR REDWOOD'DR 5 -~,~,,~-~• swnrcow~.N ....,.. ~. ~. ~.. w . ~... _.,... ~ ~. ~. ~., „~~~.~. n W1y ~n i M~v+~s~ ei~r+.r1sa~ew nu` ~n+anpe~rr~p,waoiin. u..1 ~) ry Holiday Pines Street Lighting District Annual Assessment Resolution APPENDIX B PROOF OF PUBLICATION Holiday Pines Street Lighting District Annual Assessment Resolution APPENDIX C AFFIDAVIT OF MAILING This is to certify that on June 11, 2010, a total of 600 notices of "Non-Ad Valorem Assessments" for the Holiday Pines Street Lighting District were mailed duly notifying the affected property owners of the Public Hearing to be held on July 6, 2010, at 6:00 p.m. in the St. Lucie County Commission Chambers, 2300 Virginia Avenue, Fort Pierce, Florida, whereas the St. Lucie County Board of County Commissioners approved the 2010 Assessment Roll. A sample copy of the notice is hereby attached. Barbara Guettler St. Lucie County Sworn to and subscribed before me this _ day of , 2010, by Barbara Guettler who is personally known to me. Notary Public, State of Florida Holiday Pines Street Lighting District Annual Assessment Resolution APPENDIX D FORM OF CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that I am the Chairman of the Board of County Commissioners of St. Lucie County, Florida or authorized agent of St. Lucie County, Florida (the "County"); as such I have satisfied myself that all property included or includable on the Non-Ad Valorem Assessment Roll for such county is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non-ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non-Ad Valorem Assessment Roll will be delivered to the St. Lucie County Tax Collector by September 15, 2010. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the St. Lucie County Tax Collector and made part of the above described Non-Ad Valorem Assessment Roll this day of 2010. ST. LUCIE COUNTY, FLORIDA By: Authorized Agent RESOLUTION NO. 10-175 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, RELATING TO THE PROVISION OF STREET LIGHTING SERVICES, IMPROVEMENTS AND FACILITIES IN THE BLAKELY STREET LIGHTING DISTRICT AND THE FUNDING THEREOF THROUGH THE IMPOSITION OF NON-AD VALOREM ASSESSMENTS; RATIFYING AND CONFIRMING COUNTY RESOLUTION NO. iga-09; DETERMINING THAT CERTAIN REAL PROPERTY WILL BE SPECIALLY BENEFITED BY THE STREET LIGHTING SERVICES; APPROVING THE METHOD OF ASSESSING THE COST OF SUCH SERVICES AGAINST THE REAL PROPERTY SPECIALLY BENEFITTED THEREBY; APPROVING THE ASSESSMENT ROLL AND DIRECTING CERTIFICATION THEREOF TO THE TAX COLLECTOR; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Article VI, Chapter 1-17 of the St. Lucie County Code of Ordinances (the "Ordinance"), County Resolution No. 84- 09, Sections 125.01, 125.66 and 197.3632, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. This resolution constitutes the Annual Assessment Resolution as defined in the Ordinance. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in the Ordinance. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. SECTION 3. FINDINGS. It is hereby ascertained, determined, and declared as follows: (A) On January 24, 1984, the Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County") adopted Resolution No. 84-09 which established the Blakely Street Lighting District (the "District") as a special improvement service district and provided for the imposition of special assessments to fund the cost of providing street lighting services, improvements and facilities therein. A map describing the boundary of the District is attached hereto as Appendix A. (B) On May 11, 2010, the Board enacted the Ordinance to revise the procedure by which special assessments are imposed within special improvement service districts for purposes of funding street lighting services. Such revised procedure requires adoption of an Annual Assessment Resolution each Fiscal Year approving the Assessment Roll for the District. (C) The Ordinance further provides that in the event the Board desires to implement an alternative apportionment methodology for allocating the cost of Street Lighting Services among the Blakely Street Lighting District Annual Assessment Resolution parcels of real property specially benefited thereby, the Board shall provide notice and conduct a public hearing prior to adoption of the Annual Assessment Resolution. (D) As required by the terms of the Ordinance, notice of a public hearing has been published and mailed to each property owner proposed to be assessed notifying such property owner of the opportunity to be heard; the proof of publication and an affidavit of mailing are attached hereto as Appendices B and C respectively. (E) The Assessment Roll for Fiscal Year 2010-11 has heretofore been filed and made available for public inspection at the offices of the Assessment Coordinator. (F) A public hearing has been duly held and comments and objections of all interested persons have been heard and considered as required by law. (G) The parcels of real property located within the District and described in the Assessment Roll are hereby found to be specially benefited by the provision of Street Lighting Services. Street Lighting Services specially benefit such parcels by enhancing the safety, aesthetics, identification and recognition thereof and access thereto, thus protecting and enhancing the value, use and enjoyment of affected parcels. (H) The special benefits derived from the Street Lighting Services programs contemplated herein exceed the dollar amount of the Assessments to be levied and imposed hereunder. The Assessment for any parcel of property within the District does not exceed the proportional benefits that such parcel will receive compared to any other parcel therein subject to the Assessment. (I) The apportionment methodology approved herein bears a reasonable relationship to the cost of providing Street Lighting Services and is hereby approved. (J) The Assessments to be imposed in accordance with this Resolution provide an equitable method of funding the Street Lighting Services by fairly and reasonably allocating the estimated cost of providing such services among specially benefited property SECTION 4. APPORTIONMENT METHODOLOGY. (A) The following apportionment methodology was utilized in preparing the Fiscal Year 2010- 11 Assessment Roll for the District and is hereby approved as the basis for allocating the cost of Street Lighting Services among the parcels of real property described therein: 2 Blakely Street Lighting District Annual Assessment Resolution (1) The District is substantially composed of similarly-sized single family residential parcels. Accordingly, each single family residential parcel shall constitute one equivalent dwelling unit (EDU) for purposes of allocating the cost of providing the Street Lighting Services therein. (2) Individual multifamily units within the District are specially benefitted by Street Lighting Services in the same manner and to substantially the same extent as single family residential parcels, such that each multifamily unit shall constitute one EDU. Individual tax parcels which contain multifamily units shall be assigned one EDU per multifamily unit. (3) The amount of the Assessment per EDU shall be calculated by dividing the total estimated cost of providing the Street Lighting Service by the number of EDUs in the District. (4) As of the date hereof, there are 45 EDUs located within the District. (5) For the Fiscal Year beginning October 1, 2010, the estimated cost of providing Street Lighting Services in the District is $1,481.40. Such estimated cost includes a component to fund or otherwise reimburse the County for costs incurred in administering and maintaining the Assessment program as authorized by Section 1-17-82 of the Ordinance. (6) The maximum amount of the Assessments to be assessed and apportioned among the parcels of real property within the District is hereby established in the amount of $32.92 per EDU for the Fiscal Year 2010-11. (B) Annual Assessment Resolutions for subsequent Fiscal Years may approve annual cost of living or inflationary increases in the amount of the Assessment by a cumulative total of not to exceed 10% of the amount approved hereunder, or a total annual Assessment of $36.21, without requiring additional notice and public hearing prior to adoption of such Annual Assessment Resolutions, as authorized by Section 1-17-79 of the Ordinance. (C) The apportionment methodology approved herein shall be utilized in preparing the Assessment Roll for the District for subsequent Fiscal Years. SECTION 5. RATIFICATION AND CONFIRMATION OF DISTRICT BOUNDARY AND RESOLUTION NO. 84-09. The legal description of the boundary of the District as set forth in Resolution No. 84-09, including any amendment thereto, is hereby ratified, confirmed and 3 Blakely Street Lighting District ' Annual Assessment Resolution incorporated herein by reference. Except as otherwise modified herein, Resolution No. 84-09 is hereby ratified and confirmed. SECTION 6. IMPOSITION OF ASSESSMENTS. (A) Assessments for Street Lighting Services in the amounts set forth in the Assessment Roll are hereby levied and imposed on all parcels of property described in such Assessment Roll for the Fiscal Year beginning October 1, 2010. (B) Assessments shall constitute a lien upon the parcels of real property subject thereto equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. SECTION 7. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, which is on file with the Assessment Coordinator and incorporated herein by reference, is hereby approved. The Assessment Roll as herein approved shall be delivered to the St. Lucie County Tax Collector for collection pursuant to the Uniform Assessment Collection Act as provided in Section 1-17-81 of the Ordinance. The Board has previously adopted its Resolution No. 09-339 expressing its intent to collect non-ad valorem assessments pursuant to the Uniform Assessment Collection Act. Such resolution constitutes the Resolution of Intent required by the Ordinance. The Assessment Roll, as delivered to the Tax Collector shall be accompanied by a Certificate to Non-Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix D. SECTION 8. COLLECTION OF ASSESSMENTS. The Assessments shall be collected pursuant to the Uniform Assessment Collection Act as provided for in Section 1-17-81 of the Ordinance. SECTION 9. EFFECT OF RESOLUTION. The adoption of this Annual Assessment Resolution shall be the final adjudication of the issues presented herein (including, but not limited to, the special benefit conveyed to assessed property by the Street Lighting Services, the apportionment methodology by which the Assessments are calculated, the Assessment Roll and the levy and lien of the Assessments), unless proper steps are initiated in a county of competent jurisdiction to secure relief within twenty (20) days from the adoption date hereof. 4 Blakely Street Lighting District Annual Assessment Resolution SECTION 10. SEVERABILITY. If any clause, section, or other part of this resolution shall be held by any court of competent jurisdiction unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affection the validity of the other provisions of this resolution. SECTION 11. EFFECTIVE DATE. This Annual Assessment Resolution shall take effect immediately upon its passage and adoption. DULY ADOPTED this 6th day of July, 2010. BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA ay: (SEAL) ATTEST: Chairman Approved as to Form: Deputy Clerk County Attorney 5 Blakely Street Lighting District Annual Assessment Resolution APPENDIX A BOUNDARY MAP OF THE DISTRICT Street Lighting District: Blakely Subdivision " ~- Atx±( 2010 0 ro tp ~ ]80Fast s Q District Boundary O Parcel Boundary City of Fort Ftierce Blakely Street Lighting District Annual Assessment Resolution APPENDIX B PROOF OF PUBLICATION Blakely Street Lighting District Annual Assessment Resolution APPENDIX C AFFIDAVIT OF MAILING This is to certify that on June 11, 2010, a total of 45 notices of "Non-Ad Valorem Assessments" for the Blakely Street Lighting District were mailed duly notifying the affected property owners of the Public Hearing to be held on July 6, 2010, at 6:00 p.m. in the St. Lucie County Commission Chambers, 2300 Virginia Avenue, Fort Pierce, Florida, whereas the St. Lucie County Board of County Commissioners approved the 2010 Assessment Roll. A sample copy of the notice is hereby attached. Barbara Guettler St. Lucie County Sworn to and subscribed before me this _ day of , 2010, by Barbara Guettler who is personally known to me. Notary Public, State of Florida Blakely Street Lighting District Annual Assessment Resolution APPENDIX D FORM OF CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that I am the Chairman of the Board of County Commissioners of St. Lucie County, Florida or authorized agent of St. Lucie County, Florida (the "County"); as such I have satisfied myself that all property included or includable on the Non-Ad Valorem Assessment Roll for such county is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non-ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non-Ad Valorem Assessment Roll will be delivered to the St. Lucie County Tax Collector by September 15, 2010. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the St. Lucie County Tax Collector and made part of the above described Non-Ad Valorem Assessment Roll this day of 2010. ST. LUCIE COUNTY, FLORIDA By: Authorized Agent RESOLUTION N0.10-176 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, RELATING TO THE PROVISION OF STREET LIGHTING SERVICES, IMPROVEMENTS AND FACILITIES IN THE QUEENS COVE STREET LIGHTING DISTRICT AND THE FUNDING THEREOF THROUGH THE IMPOSITION OF NON-AD VALOREM ASSESSMENTS; RATIFYING AND CONFIRMING COUNTY RESOLUTION NO. 88-241; DETERMINING THAT CERTAIN REAL PROPERTY WILL BE SPECIALLY BENEFITED BY THE STREET LIGHTING SERVICES; APPROVING THE METHOD OF ASSESSING THE COST OF SUCH SERVICES AGAINST THE REAL PROPERTY SPECIALLY BENEFITTED THEREBY; APPROVING THE ASSESSMENT ROLL AND DIRECTING CERTIFICATION THEREOF TO THE TAX COLLECTOR; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Article VI, Chapter 1-17 of the St. Lucie County Code of Ordinances (the "Ordinance"), County Resolution No. 88- 241, Sections 125.01, 125.66 and 197.3632, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. This resolution constitutes the Annual Assessment Resolution as defined in the Ordinance. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in the Ordinance. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. SECTION 3. FINDINGS. It is hereby ascertained, determined, and declared as follows: (A) On August 16, 1988, the Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County") adopted Resolution No. 88-241 which established the Queens Cove Street Lighting District (the "District") as a special improvement service district and provided for the imposition of special assessments to fund the cost of providing street lighting services, improvements and facilities therein. A map describing the boundary of the District is attached hereto as Appendix A. (B) On May 11, 2010, the Board enacted the Ordinance to revise the procedure by which special assessments are imposed within special improvement service districts for purposes of funding street lighting services. Such revised procedure requires adoption of an Annual Assessment Resolution each Fiscal Year approving the Assessment Roll for the District. (C) The Ordinance further provides that in the event the Board desires to implement an alternative apportionment methodology for allocating the cost of Street Lighting Services among the Queens Cove Street Lighting District Annual Assessment Resolution parcels of real property specially benefited thereby, the Board shalt provide notice and conduct a public hearing prior to adoption of the Annual Assessment Resolution. (D) As required by the terms of the Ordinance, notice of a public hearing has been published and mailed to each property owner proposed to be assessed notifying such property owner of the opportunity to be heard; the proof of publication and an affidavit of mailing are attached hereto as Appendices B and C respectively. (E) The Assessment Roll for Fiscal Year 2010-11 has heretofore been filed and made available for public inspection at the offices of the Assessment Coordinator. (F) A public hearing has been duly held and comments and objections of all interested persons have been heard and considered as required by law. (G) The parcels of real property located within the District and described in the Assessment Roll are hereby found to be specially benefited by the provision of Street Lighting Services. Street Lighting Services specially benefit such parcels by enhancing the safety, aesthetics, identification and recognition thereof and access thereto, thus protecting and enhancing the value, use and enjoyment of affected parcels. (H) The special benefits derived from the Street Lighting Services programs contemplated herein exceed the dollar amount of the Assessments to be levied and imposed hereunder. The Assessment for any parcel of property within the District does not exceed the proportional benefits that such parcel will receive compared to any other parcel therein subject to the Assessment. (I) The apportionment methodology approved herein bears a reasonable relationship to the cost of providing Street Lighting Services and is hereby approved. (J) The Assessments to be imposed in accordance with this Resolution provide an equitable method of funding the Street Lighting Services by fairly and reasonably allocating the estimated cost of providing such services among specially benefited property SECTION 4. APPORTIONMENT METHODOLOGY. (A) The following apportionment methodology was utilized in preparing the Fiscal Year 2010- 11 Assessment Roll for the District and is hereby approved as the basis for allocating the cost of Street Lighting Services among the parcels of real property described therein: 2 Queens Cove Street Lighting District Annual Assessment Resolution (1) The District is substantially composed of similarly-sized single family residential parcels. Accordingly, each single family residential parcel shall constitute one equivalent dwelling unit (EDU) for purposes of allocating the cost of providing the Street Lighting Services therein. (2) Individual multifamily units within the District are specially benefitted by Street Lighting Services in the same manner and to substantially the same extent as single family residential parcels, such that each multifamily unit shall constitute one EDU. Individual tax parcels which contain multifamily units shalt be assigned one EDU per multifamily unit. (3) The amount of the Assessment per EDU shall be calculated by dividing the total estimated cost of providing the Street Lighting Service by the number of EDUs in the District. (4) As of the date hereof, there are 204 EDUs located within the District. (5) For the Fiscal Year beginning October 1, 2010, the estimated cost of providing Street Lighting Services in the District is $7,450.08. Such estimated cost includes a component to fund or otherwise reimburse the County for costs incurred in administering and maintaining the Assessment program as authorized by Section 1-17-82 of the Ordinance. (6) The maximum amount of the Assessments to be assessed and apportioned among the parcels of real property within the District is hereby established in the amount of $36.52 per EDU for the Fiscal Year 2010-11. (B) Annual Assessment Resolutions for subsequent Fiscal Years may approve annual cost of living or inflationary increases in the amount of the Assessment by a cumulative total of not to exceed 10% of the amount approved hereunder, or a total annual Assessment of $40.17, without requiring additional notice and public hearing prior to adoption of such Annual Assessment Resolutions, as authorized by Section 1-17-79 of the Ordinance. (C) The apportionment methodology approved herein shall be utilized in preparing the Assessment Roll for the District for subsequent Fiscal Years. SECTION 5. RATIFICATION AND CONFIRMATION OF DISTRICT BOUNDARY AND RESOLUTION NO. 88-241. The legal description of the boundary of the District as set forth in Resolution No. 88-241, including any amendment thereto, is hereby ratified, confirmed and 3 Queens Cove Street Lighting District Annual Assessment Resolution incorporated herein by reference. Except as otherwise modified herein, Resolution No. 88-241 is hereby ratified and confirmed. SECTION 6. IMPOSITION OF ASSESSMENTS. (A) Assessments for Street Lighting Services in the amounts set forth in the Assessment Roll are hereby levied and imposed on all parcels of property described in such Assessment Roll for the Fiscal Year beginning October 1, 2010. (B) Assessments shall constitute a lien upon the parcels of real property subject thereto equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shalt be superior in dignity to all other liens, titles and claims, until paid. SECTION 7. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, which is on file with the Assessment Coordinator and incorporated herein by reference, is hereby approved. The Assessment Roll as herein approved shall be delivered to the St. Lucie County Tax Collector for collection pursuant to the Uniform Assessment Collection Act as provided in Section 1-17-81 of the Ordinance. The Board has previously adopted its Resolution No. 09-341 expressing its intent to collect non-ad valorem assessments pursuant to the Uniform Assessment Collection Act. Such resolution constitutes the Resolution of Intent required by the Ordinance. The Assessment Roll, as delivered to the Tax Collector shall be accompanied by a Certificate to Non-Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix D. SECTION 8. COLLECTION OF ASSESS~IAENTS. The Assessments shall be collected pursuant to the Uniform Assessment Collection Act as provided for in Section 1-17-81 of the Ordinance. SECTION 9. EFFECT OF RESOLUTION. The adoption of this Annual Assessment Resolution shall be the final adjudication of the issues presented herein (including, but not limited to, the special benefit conveyed to assessed property by the Street Lighting Services, the apportionment methodology by which the Assessments are calculated, the Assessment Roll and the levy and lien of the Assessments), unless proper steps are initiated in a county of competent jurisdiction to secure relief within twenty (20) days from the adoption date hereof. 4 Queens Cove Street Lighting District Annual Assessment Resolution SECTION 10. SEVERABILITY. If any clause, section, or other part of this resolution shall be held by any court of competent jurisdiction unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affection the validity of the other provisions of this resolution. SECTION 11. EFFECTIVE DATE. This Annual Assessment Resolution shall take effect immediately upon its passage and adoption. DULY ADOPTED this 6th day of July, 2010. BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA By: (SEAL) ATTEST: Deputy Clerk Chairman Approved as to Form: County Attorney 5 Queens Cove Street Lighting District Annual Assessment Resolution APPENDIX A BOUNDARY MAP OF THE DISTRICT Street Lighting District: Queens Cove ` ~ ~ '' April 20 i0 o zzs r50 eoo t,aso t,eoo .s Feet Queens Cove Street Lighting District Annual Assessment Resolution APPENDIX B PROOF OF PUBLICATION Queens Cove Street Lighting District Annual Assessment Resolution APPENDIX C AFFIDAVIT OF MAILING This is to certify that on June 11, 2010, a total of 204 notices of "Non-Ad Valorem Assessments" for the Queens Cove Street Lighting District were mailed duly notifying the affected property owners of the Public Hearing to be held on July 6, 2010, at 6:00 p.m. in the St. Lucie County Commission Chambers, 2300 Virginia Avenue, Fort Pierce, Florida, whereas the St. Lucie County Board of County Commissioners approved the 2010 Assessment Roll. A sample copy of the notice is hereby attached. Barbara Guettler St. Lucie County Sworn to and subscribed before me this day of , 2010, by Barbara Guettler who is personally known to me. Notary Public, State of Florida Queens Cove Street Lighting District Annual Assessment Resolution APPENDIX D FORM OF CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that I am the Chairman of the Board of County Commissioners of St. Lucie County, Florida or authorized agent of St. Lucie County, Florida (the "County"); as such I have satisfied myself that all property included or includable on the Non-Ad Valorem Assessment Roll for such county is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non-ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non-Ad Valorem Assessment Roll will be delivered to the St. Lucie County Tax Collector by September 15, 2010. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the St. Lucie County Tax Collector and made part of the above described Non-Ad Valorem Assessment Roll this day of 2010. ST. LUCIE COUNTY, FLORIDA By: Authorized Agent RESOLUTION NO. 10-1T8 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, RELATING TO THE PROVISION OF STREET LIGHTING SERVICES, IMPROVEMENTS AND FACILITIES IN THE RNER PARK 1 STREET LIGHTING DISTRICT AND THE FUNDING THEREOF THROUGH THE IMPOSITION OF NON-AD VALOREM ASSESSMENTS; RATIFYING AND CONFIRMING COUNTY RESOLUTION N0. 69-16; DETERMINING THAT CERTAIN REAL PROPERTY WILL BE SPECIALLY BENEFITED BY THE STREET LIGHTING SERVICES; APPROVING THE METHOD OF ASSESSING THE COST OF SUCH SERVICES AGAINST THE REAL PROPERTY SPECIALLY BENEFITTED THEREBY; APPROVING THE ASSESSMENT ROLL AND DIRECTING CERTIFICATION THEREOF TO THE TAX COLLECTOR; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Article VI, Chapter 1-17 of the St. Lucie County Code of Ordinances (the "Ordinance"), County Resolution No. 69- 16, Sections 125.01, 125.66 and 197.3632, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. This resolution constitutes the Annual Assessment Resolution as defined in the Ordinance. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in the Ordinance. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. SECTION 3. FINDINGS. It is hereby ascertained, determined, and declared as follows: (A) On March 4, 1969, the Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County") adopted Resolution No. 69-16 which established the River Park 1 Street Lighting District (the "District") as a special improvement service district and provided for the imposition of special assessments to fund the cost of providing street lighting services, improvements and facilities therein. A map describing the boundary of the District is attached hereto as Appendix A. (B) On May 11, 2010, the Board enacted the Ordinance to revise the procedure by which special assessments are imposed within special improvement service districts for purposes of funding street lighting services. Such revised procedure requires adoption of an Annual Assessment Resolution each Fiscal Year approving the Assessment Roll for the District. (C) The Ordinance further provides that in the event the Board desires to implement an alternative apportionment methodology for allocating the cost of Street Lighting Services among the River Park 1 Street Lighting District Annual Assessment Resolution parcels of real property specially benefited thereby, the Board shall provide notice and conduct a public hearing prior to adoption of the Annual Assessment Resolution. (D) As required by the terms of the Ordinance, notice of a public hearing has been published and mailed to each property owner proposed to be assessed notifying such property owner of the opportunity to be heard; the proof of publication and an affidavit of mailing are attached hereto as Appendices B and C respectively. (E) The Assessment Roll for Fiscal Year 2010-11 has heretofore been filed and made available for public inspection at the offices of the Assessment Coordinator. (F) A public hearing has been duly held and comments and objections of all interested persons have been heard and considered as required by law. (G) The parcels of real property located within the District and described in the Assessment Roll are hereby found to be specially benefited by the provision of Street Lighting Services. Street Lighting Services specially benefit such parcels by enhancing the safety, aesthetics, identification and recognition thereof and access thereto, thus protecting and enhancing the value, use and enjoyment of affected parcels. (H) The special benefits derived from the Street Lighting Services programs contemplated herein exceed the dollar amount of the Assessments to be levied and imposed hereunder. The Assessment for any parcel of property within the District does not exceed the proportional benefits that such parcel will receive compared to any other parcel therein subject to the Assessment. (I) The apportionment methodology approved herein bears a reasonable relationship to the cost of providing Street Lighting Services and is hereby approved. (J) The Assessments to be imposed in accordance with this Resolution provide an equitable method of funding the Street Lighting Services by fairly and reasonably allocating the estimated cost of providing such services among specially benefited property 2 River Park 1 Street Lighting District Annual Assessment Resolution SECTION 4. APPORTIONMENT METHODOLOGY. (A) The following apportionment methodology was utilized in preparing the Fiscal Year 2010- 11 Assessment Roll for the District and is hereby approved as the basis for allocating the cost of Street Lighting Services among the parcels of real property described therein: (1) The District is substantially composed of similarly-sized single family residential parcels, the average size of which is approximately .25 acres. Accordingly, each single family residential parcel shall constitute one equivalent dwelling unit (EDU) for purposes of allocating the cost of providing the Street Lighting Services therein. (2) Individual multifamily units within the District are specially benefitted by Street Lighting Services in the same manner and to substantially the same extent as single family residential parcels, such that each multifamily unit shall constitute one EDU. Individual tax parcels which contain multifamily units shall be assigned one EDU per multifamily unit. (3) Due to the configuration and relative size of individual non-residential parcels within the District, it is fair and reasonable to utilize the average size of single family residential parcels as a benchmark for apportioning Assessments to non-residential parcels. Accordingly, non-residential parcels within the District shall be assigned one EDU for each .25 acres within the parcel. (3) The amount of the Assessment per EDU shall be calculated by dividing the total estimated cost of providing the Street Lighting Service by the number of EDUs in the District. (4) As of the date hereof, there are 1720.88 EDUs located within the District. (5) For the Fiscal Year beginning October 1, 2010, the estimated cost of providing Street Lighting Services in the District is $46,343.30. Such estimated cost includes a component to fund or otherwise reimburse the County for costs incurred in administering and maintaining the Assessment program as authorized by Section 1-17-82 of the Ordinance. (6) The maximum amount of the Assessments to be assessed and apportioned among the parcels of real property within the District is hereby established in the amount of $26.93 per EDU for the Fiscal Year 2010-11. 3 River Park 1 - Street Lighting District Annual Assessment Resolution (B) Annual Assessment Resolutions for subsequent Fiscal Years may approve annual cost of living or inflationary increases in the amount of the Assessment by a cumulative total of not to exceed 10% of the amount approved hereunder, or a total annual Assessment of $29.62, without requiring additional notice and public hearing prior to adoption of such Annual Assessment Resolutions, as authorized by Section 1-17-79 of the Ordinance. (C) The apportionment methodology approved herein shall be utilized in preparing the Assessment Roll for the District for subsequent Fiscal Years. SECTION 5. RATIFICATION AND CONFIRMATION OF DISTRICT BOUNDARY AND RESOLUTION NO. 69-16. The legal description of the boundary of the District as set forth in Resolution No. 69-16, including any amendment thereto, is hereby ratified, confirmed and incorporated herein by reference. Except as otherwise modified herein, Resolution No. 69-16 is hereby ratified and confirmed. SECTION 6. IMPOSITION OF ASSESSMENTS. (A) Assessments for Street Lighting Services in the amounts set forth in the Assessment Roll are hereby levied and imposed on all parcels of property described in such Assessment Roll for the Fiscal Year beginning October 1, 2010. (B) Assessments shall constitute a lien upon the parcels of real property subject thereto equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. SECTION 7. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, which is on file with the Assessment Coordinator and incorporated herein by reference, is hereby approved. The Assessment Roll as herein approved shall be delivered to the St. Lucie County Tax Collector for collection pursuant to the Uniform Assessment Collection Act as provided in Section 1-17-81 of the Ordinance. The Board has previously adopted its Resolution No. 09-329 expressing its intent to collect non-ad valorem assessments pursuant to the Uniform Assessment Collection Act. Such resolution constitutes the Resolution of Intent required by the Ordinance. The Assessment Roll, as delivered to the Tax Collector shall be accompanied 4 River Park 1 Street Lighting District Annual Assessment Resolution by a Certificate to Non-Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix D. SECTION 8. COLLECTION OF ASSESSMENTS. The Assessments shall be collected pursuant to the Uniform Assessment Collection Act as provided for in Section 1-17-81 of the Ordinance. SECTION 9. EFFECT OF RESOLUTION. The adoption of this Annual Assessment Resolution shall be the final adjudication of the issues presented herein (including, but not limited to, the special benefit conveyed to assessed property by the Street Lighting Services, the apportionment methodology by which the Assessments are calculated, the Assessment Roll and the levy and lien of the Assessments), unless proper steps are initiated in a county of competent jurisdiction to secure relief within twenty (20) days from the adoption date hereof. SECTION 10. SEVERABILITY. If any clause, section, or other part of this resolution shall be held by any court of competent jurisdiction unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affection the validity of the other provisions of this resolution. SECTION 11. EFFECTIVE DATE. This Annual Assessment Resolution shall take effect immediately upon its passage and adoption. DULY ADOPTED this 20st day of July, 2010. BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA By: (SEAL) ATTEST: Deputy Clerk Chairman Approved as to Form: County Attorney 5 APPENDIX A BOUNDARY MAP OF THE DISTRICT Ricer Park 1 Street Lighting District Annual Assessment Resolution Street Lighting District: ~ ; River Park 1 ~~ zo,e ,~ River Park 1 Street Lighting District Annual Assessment Resolution APPENDIX B PROOF OF PUBLICATION River Park 1 Street Lighting District Annual Assessment Resolution APPENDIX C AFFIDAVIT OF MAILING This is to certify that on June 25, 2010, a total of 1672 notices of "Non-Ad Valorem Assessments" for the River Park 1 Street Lighting District were mailed duly notifying the affected property owners of the Public Hearing to be held on July 20, 2010, at 6:00 p.m. in the St. Lucie County Commission Chambers, 2300 Virginia Avenue, Fort Pierce, Florida, whereas the St. Lucie County Board of County Commissioners approved the 2010 Assessment Roll. A sample copy of the notice is hereby attached. Barbara Guettler St. Lucie County Swom to and subscribed before me this _ day of , 2010, by Barbara Guettler who is personally known to me. Notary Public, State of Florida River Park 1 Street Lighting District Annual Assessment Resolution APPENDIX D FORM OF CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that I am the Chairman of the Board of County Commissioners of St. Lucie County, Florida or authorized agent of St. Lucie County, Florida (the "County"); as such I have satisfied myself that all property included or includable on the Non-Ad Valorem Assessment Roll for such county is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non-ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non-Ad Valorem Assessment Roll will be delivered to the St. Lucie County Tax Collector by September 15, 2010. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the St. Lucie County Tax Collector and made part of the above described Non-Ad Valorem Assessment Roll this day of 2010. ST. LUCIE COUNTY, FLORIDA By: Authorized Agent RESOLUTION NO. 10-179 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, RELATING TO THE PROVISION OF STREET LIGHTING SERVICES, IMPROVEMENTS AND FACILITIES IN THE RIVER PARK 2 STREET LIGHTING DISTRICT AND THE FUNDING THEREOF THROUGH THE IMPOSITION OF NON-AD VALOREM ASSESSMENTS; RATIFYING AND CONFIRMING COUNTY RESOLUTION NO. 72-123; DETERMINING THAT CERTAIN REAL PROPERTY WILL BE SPECIALLY BENEFITED BY THE STREET LIGHTING SERVICES; APPROVING THE METHOD OF ASSESSING THE COST OF SUCH SERVICES AGAINST THE REAL PROPERTY SPECIALLY BENEFITTED THEREBY; APPROVING THE ASSESSMENT ROLL AND DIRECTING CERTIFICATION THEREOF TO THE TAX COLLECTOR; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Article VI, Chapter 1-17 of the St. Lucie County Code of Ordinances (the "Ordinance"), County Resolution No. 72- 123, Sections 125.01, 125.66 and 197.3632, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. This resolution constitutes the Annual Assessment Resolution as defined in the Ordinance. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in the Ordinance. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. SECTION 3. FINDINGS. It is hereby ascertained, determined, and declared as follows: (A) On November 7, 1972, the Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County") adopted Resolution No. 72-123 which established the River Park 2 Street Lighting District (the "District') as a special improvement service district and provided for the imposition of special assessments to fund the cost of providing street lighting services, improvements and facilities therein. A map describing the boundary of the District is attached hereto as Appendix A. (B) On May 11, 2010, the Board enacted the Ordinance to revise the procedure by which special assessments are imposed within special improvement service districts for purposes of funding street lighting services. Such revised procedure requires adoption of an Annual Assessment Resolution each Fiscal Year approving the Assessment Roll for the District. (C) The Ordinance further provides that in the event the Board desires to implement an alternative apportionment methodology for allocating the cost of Street Lighting Services among the River Park 2 Street Lighting District Annual Assessment Resolution parcels of real property specially benefited thereby, the Board shall provide notice and conduct a public hearing prior to adoption of the Annual Assessment Resolution. (D) As required by the terms of the Ordinance, notice of a public hearing has been published and mailed to each property owner proposed to be assessed notifying such property owner of the opportunity to be heard; the proof of publication and an affidavit of mailing are attached hereto as Appendices B and C respectively. (E) The Assessment Roll for Fiscal Year 2010-11 has heretofore been filed and made available for public inspection at the offices of the Assessment Coordinator. (F) A public hearing has been duly held and comments and objections of all interested persons have been heard and considered as required by law. (G) The parcels of real property located within the District and described in the Assessment Roll are hereby found to be specially benefited by the provision of Street Lighting Services. Street Lighting Services specially benefit such parcels by enhancing the safety, aesthetics, identification and recognition thereof and access thereto, thus protecting and enhancing the value, use and enjoyment of affected parcels. (H) The special benefits derived from the Street Lighting Services programs contemplated herein exceed the dollar amount of the Assessments to be levied and imposed hereunder. The Assessment for any parcel of property within the District does not exceed the proportional benefits that such parcel will receive compared to any other parcel therein subject to the Assessment. (1) The apportionment methodology approved herein bears a reasonable relationship to the cost of providing Street Lighting Services and is hereby approved. (J) The Assessments to be imposed in accordance with this Resolution provide an equitable method of funding the Street Lighting Services by fairly and reasonably allocating the estimated cost of providing such services among specially benefited property SECTION 4. APPORTIONMENT METHODOLOGY. (A) The following apportionment methodology was utilized in preparing the Fiscal Year 2010- 11 Assessment Roll for the District and is hereby approved as the basis for allocating the cost of Street Lighting Services among the parcels of real property described therein: 2 River Park 2 Street Lighting District Annual Assessment Resolution (1) The District is substantially composed of similarly-sized single family residential parcels. Accordingly, each single family residential parcel shall constitute one equivalent dwelling unit (EDU) for purposes of allocating the cost of providing the Street Lighting Services therein. (2) Individual multifamily units within the District are specially benefitted by Street Lighting Services in the same manner and to substantially the same extent as single family residential parcels, such that each multifamily unit shall constitute one EDU. Individual tax parcels which contain multifamily units shall be assigned one EDU per multifamily unit. (3) The amount of the Assessment per EDU shall be calculated by dividing the total estimated cost of providing the Street Lighting Service by the number of EDUs in the District. (4) As of the date hereof, there are 262 EDUs located within the District. (5) For the Fiscal Year beginning October 1, 2010, the estimated cost of providing Street Lighting Services in the District is $9,709.72. Such estimated cost includes a component to fund or otherwise reimburse the County for costs incurred in administering and maintaining the Assessment program as authorized by Section 1-17-82 of the Ordinance. (6) The maximum amount of the Assessments to be assessed and apportioned among the parcels of real property within the District is hereby established in the amount of $37.06 per EDU for the Fiscal Year 2010-11. (B) Annual Assessment Resolutions for subsequent Fiscal Years may approve annual cost of living or inflationary increases in the amount of the Assessment by a cumulative total of not to exceed 10% of the amount approved hereunder, or a total annual Assessment of $40.77, without requiring additional notice and public hearing prior to adoption of such Annual Assessment Resolutions, as authorized by Section 1-17-79 of the Ordinance. (C) The apportionment methodology approved herein shall be utilized in preparing the Assessment Roll for the District for subsequent Fiscal Years. SECTION 5. RATIFICATION AND CONFIRMATION OF DISTRICT BOUNDARY AND RESOLUTION NO. 72-123. The legal description of the boundary of the District as set forth in Resolution No. 72-123, including any amendment thereto, is hereby ratified, confirmed and 3 River Park 2 Street Lighting District Annual Assessment Resolution incorporated herein by reference. Except as otherwise modified herein, Resolution No. 72-123 is hereby ratified and confirmed. SECTION 6. IMPOSITION OF ASSESSMENTS. (A) Assessments for Street Lighting Services in the amounts set forth in the Assessment Roll are hereby levied and imposed on all parcels of property described in such Assessment Roll for the Fiscal Year beginning October 1, 2010. (B) Assessments shall constitute a lien upon the parcels of real property subject thereto equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. SECTION 7. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, which is on file with the Assessment Coordinator and incorporated herein by reference, is hereby approved. The Assessment Roll as herein approved shall be delivered to the St. Lucie County Tax Collector for collection pursuant to the Uniform Assessment Collection Act as provided in Section 1-17-81 of the Ordinance. The Board has previously adopted its Resolution No. 09-330 expressing its intent to collect non-ad valorem assessments pursuant to the Uniform Assessment Collection Act. Such resolution constitutes the Resolution of Intent required by the Ordinance. The Assessment Roll, as delivered to the Tax Collector shall be accompanied by a Certificate to Non-Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix D. SECTION 8. COLLECTION OF ASSESSMENTS. The Assessments shall be collected pursuant to the Uniform Assessment Collection Act as provided for in Section 1-17-81 of the Ordinance. SECTION 9. EFFECT OF RESOLUTION. The adoption of this Annual Assessment Resolution shall be the final adjudication of the issues presented herein (including, but not limited to, the special benefit conveyed to assessed property by the Street Lighting Services, the apportionment methodology by which the Assessments are calculated, the Assessment Roll and the levy and lien of the Assessments), unless proper steps are initiated in a county of competent jurisdiction to secure relief within twenty (20) days from the adoption date hereof. 4 River Park 2 Street Lighting District Annual Assessment Resolution SECTION 10. SEVERABILITY. If any clause, section, or other part of this resolution shall be held by any court of competent jurisdiction unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affection the validity of the other provisions of this resolution. SECTION 11. EFFECTIVE DATE. This Annual Assessment Resolution shall take effect immediately upon its passage and adoption. DULY ADOPTED this 20st day of July, 2010. BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA By: (SEAL) ATTEST: Deputy Clerk Chairman Approved as to Form: County Attorney 5 River Park 2 Street Lighting District Annual Assessment Resolution APPENDIX A BOUNDARY MAP OF THE DISTRICT Street Lighting District: River Park 2 ' ~~,, 2~;., m ., , w C m ~ r--rte r~~~ ri ~~ ~ Q~ ~~-cN :~~+;, SOL-IDIfDR !Fs ~ ;i Q District Boundary ' ~.VD '°: ' . V~gtA _ ~ Panel Boundary River Park 2 Street Lighting District Annual Assessment Resolution APPENDIX B PROOF OF PUBLICATION River Park 2 Street Lighting District Annual Assessment Resolution APPENDIX C AFFIDAVIT OF MAILING This is to certify that on June 25, 2010, a total of 262 notices of "Non-Ad Valorem Assessments" for the River Park 2 Street Lighting District were mailed duly notifying the affected property owners of the Public Hearing to be held on July 20, 2010, at 6:00 p.m. in the St. Lucie County Commission Chambers, 2300 Virginia Avenue, Fort Pierce, Florida, whereas the St. Lucie County Board of County Commissioners approved the 2010 Assessment Roll. A sample copy of the notice is hereby attached. Barbara Guettler St. Lucie County Sworn to and subscribed before me this _ day of , 2010, by Barbara Guettler who is personally known to me. Notary Public, State of Florida River Park 2 Street Lighting District Annual Assessment Resolution APPENDIX D FORM OF CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that I am the Chairman of the Board of County Commissioners of St. Lucie County, Florida or authorized agent of St. Lucie County, Florida (the "County"); as such I have satisfied myself that all property included or includable on the Non-Ad Valorem Assessment Roll for such county is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non-ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non-Ad Valorem Assessment RoII will be delivered to the St. Lucie County Tax Collector by September 15, 2010. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the St. Lucie County Tax Collector and made part of the above described Non-Ad Valorem Assessment Roll this day of 2010. ST. LUCIE COUNTY, FLORIDA By: Authorized Agent RESOLUTION NO. 10-180 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, RELATING TO THE PROVISION OF STREET LIGHTING SERVICES, IMPROVEMENTS AND FACILITIES IN THE SHERATON PLAZA STREET LIGHTING DISTRICT AND THE FUNDING THEREOF THROUGH THE IMPOSITION OF NON-AD VALOREM ASSESSMENTS; RATIFYING AND CONFIRMING COUNTY RESOLUTION N0. 77-93; DETERMINING THAT CERTAIN REAL PROPERTY WILL BE SPECIALLY BENEFITED BY THE STREET LIGHTING SERVICES; APPROVING THE METHOD OF ASSESSING THE COST OF SUCH SERVICES AGAINST THE REAL PROPERTY SPECIALLY BENEFITTED THEREBY; APPROVING THE ASSESSMENT ROLL AND DIRECTING CERTIFICATION THEREOF TO THE TAX COLLECTOR; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Article VI, Chapter 1-17 of the St. Lucie County Code of Ordinances (the "Ordinance"), County Resolution No. 77- 93, Sections 125.01, 125.66 and 197.3632, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. This resolution constitutes the Annual Assessment Resolution as defined in the Ordinance. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in the Ordinance. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. SECTION 3. FINDINGS. It is hereby ascertained, determined, and declared as follows: (A) On August 23, 1977 the Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County") adopted Resolution No. 77-93 which established the Sheraton Plaza Street Lighting District (the "District") as a special improvement service district and provided for the imposition of special assessments to fund the cost of providing street lighting services, improvements and facilities therein. A map describing the boundary of the District is attached hereto as Appendix A. (B) On May 11, 2010, the Board enacted the Ordinance to revise the procedure by which special assessments are imposed within special improvement service districts for purposes of funding street lighting services. Such revised procedure requires adoption of an Annual Assessment Resolution each Fiscal Year approving the Assessment Roll for the District. (C) The Ordinance further provides that in the event the Board desires to implement an alternative apportionment methodology for allocating the cost of Street Lighting Services among the Sheraton Plaza Street Lighting District Annual Assessment Resolution parcels of real property specially benefited thereby, the Board shall provide notice and conduct a public hearing prior to adoption of the Annual Assessment Resolution. (D) As required by the terms of the Ordinance, notice of a public hearing has been published and mailed to each property owner proposed to be assessed notifying such property owner of the opportunity to be heard; the proof of publication and an affidavit of mailing are attached hereto as Appendices B and C respectively. (E) The Assessment Roll for Fiscal Year 2010-11 has heretofore been filed and made available for public inspection at the offices of the Assessment Coordinator. (F) A public hearing has been duly held and comments and objections of all interested persons have been heard and considered as required by law. (G) The parcels of real property located within the District and described in the Assessment Roll are hereby found to be specially benefited by the provision of Street Lighting Services. Street Lighting Services specially benefit such parcels by enhancing the safety, aesthetics, identification and recognition thereof and access thereto, thus protecting and enhancing the value, use and enjoyment of affected parcels. (H) The special benefits derived from the Street Lighting Services programs contemplated herein exceed the dollar amount of the Assessments to be levied and imposed hereunder. The Assessment for any parcel of property within the District does not exceed the proportional benefits that such parcel will receive compared to any other parcel therein subject to the Assessment. (I) The apportionment methodology approved herein bears a reasonable relationship to the cost of providing Street Lighting Services and is hereby approved. (J) The Assessments to be imposed in accordance with this Resolution provide an equitable method of funding the Street Lighting Services by fairly and reasonably allocating the estimated cost of providing such services among specially benefited property 2 Sheraton Plaza Street Lighting District Annual Assessment Resolution SECTION 4. APPORTIONMENT METHODOLOGY. (A) The following apportionment methodology was utilized in preparing the Fiscal Year 2010- 11 Assessment Roll for the District and is hereby approved as the basis for allocating the cost of Street Lighting Services among the parcels of real property described therein: (1) The District is substantially composed of similarly-sized single family residential parcels, the average size of which is approximately .25 acres. Accordingly, each single family residential parcel shall constitute one equivalent dwelling unit (EDU) for purposes of allocating the cost of providing the Street Lighting Services therein. (2) Individual multifamily units within the District are specially benefitted by Street Lighting Services in the same manner and to substantially the same extent as single family residential parcels, such that each multifamily unit shall constitute one EDU. Individual tax parcels which contain multifamily units shall be assigned one EDU per multifamily unit. (3) Due to the configuration and relative size of individual non-residential parcels within the District, it is fair and reasonable to utilize the average size of single family residential parcels as a benchmark for apportioning Assessments to non-residential parcels. Accordingly, non-residential parcels within the District shall be assigned one EDU for each .25 acres within the parcel. (3) The amount of the Assessment per EDU shall be calculated by dividing the total estimated cost of providing the Street Lighting Service by the number of EDUs in the District. (4) As of the date hereof, there are 419.08 EDUs located within the District. (5) For the Fiscal Year beginning October 1, 2010, the estimated cost of providing Street Lighting Services in the District is $12,165.89. Such estimated cost includes a component to fund or otherwise reimburse the County for costs incurred in administering and maintaining the Assessment program as authorized by Section 1-17-82 of the Ordinance. (6) The maximum amount of the Assessments to be assessed and apportioned among the parcels of real property within the District is hereby established in the amount of $29.03 per EDU for the Fiscal Year 2010-11. 3 Sheraton Plaza Street Lighting District Annual Assessment Resolution (B) Annual Assessment Resolutions for subsequent Fiscal Years may approve annual cost of living or inflationary increases in the amount of the Assessment by a cumulative total of not to exceed 10% of the amount approved hereunder, or a total annual Assessment of $31.93, without requiring additional notice and public hearing prior to adoption of such Annual Assessment Resolutions, as authorized by Section 1-17-79 of the Ordinance. (C) The apportionment methodology approved herein shall be utilized in preparing the Assessment Roll for the District for subsequent Fiscal Years. SECTION 5. RATIFICATION AND CONFIRMATION OF DISTRICT BOUNDARY AND RESOLUTION NO. 77-93. The legal description of the boundary of the District as set forth in Resolution No. 77-93, including any amendment thereto, is hereby ratified, confirmed and incorporated herein by reference. Except as otherwise modified herein, Resolution No. 77-93 is hereby ratified and confirmed. SECTION 6. IMPOSITION OF ASSESSMENTS. (A) Assessments for Street Lighting Services in the amounts set forth in the Assessment Roll are hereby levied and imposed on all parcels of property described in such Assessment Roll for the Fiscal Year beginning October 1, 2010. (B) Assessments shall constitute a lien upon the parcels of real property subject thereto equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. SECTION 7. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, which is on file with the Assessment Coordinator and incorporated herein by reference, is hereby approved. The Assessment Roll as herein approved shall be delivered to the St. Lucie County Tax Collector for collection pursuant to the Uniform Assessment Collection Act as provided in Section 1-17-81 of the Ordinance. The Board has previously adopted its Resolution No. 09-333 expressing its intent to collect non-ad valorem assessments pursuant to the Uniform Assessment Collection Act. Such resolution constitutes the Resolution of Intent required by the Ordinance. The Assessment Roll, as delivered to the Tax Collector shall be accompanied 4 Sheraton Plaza Street Lighting District Annual Assessment Resolution by a Certificate to Non-Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix D. SECTION 8. COLLECTION OF ASSESSMENTS. The Assessments shall be collected pursuant to the Uniform Assessment Collection Act as provided for in Section 1-17-81 of the Ordinance. SECTION 9. EFFECT OF RESOLUTION. The adoption of this Annual Assessment Resolution shall be the final adjudication of the issues presented herein (including, but not limited to, the special benefit conveyed to assessed property by the Street Lighting Services, the apportionment methodology by which the Assessments are calculated, the Assessment Roll and the levy and lien of the Assessments), unless proper steps are initiated in a county of competent jurisdiction to secure relief within twenty (20) days from the adoption date hereof. SECTION 10. SEVERABILITY. If any clause, section, or other part of this resolution shall be held by any court of competent jurisdiction unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affection the validity of the other provisions of this resolution. SECTION 11. EFFECTIVE DATE. This Annual Assessment Resolution shall take effect immediately upon its passage and adoption. DULY ADOPTED this 20st day of July, 2010. BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA By: (SEAL) ATTEST: Chairman Approved as to Form: Deputy Clerk County Attorney 5 Sheraton Plaza Street Lighting District Annual Assessment Resolution APPENDIX A BOUNDARY MAP OF THE DISTRICT Street Lighting District: Sheraton Plaza Ayr; 20l0 w ~ ~ ~`/ h. -- _. ~- _.- NDERBON- R -- ,~ !_, ~ ~ ~ i LANG870NflR ,- i ~ -_ _L~ ! . _ - ~ i~-r ~ ~' ~ - IONGBLEY DR ~ i ~ ~ l ~ ! ~ ~ { 1 : I i~ ~ f ' -_" _. ! WARD DR ~ ,__ _ uar ~ AVE I ~ ! rrrAnws{AVE ~~ U-~ ,~ L1.1 J 1 LJ ___ _. ___ - _ - ___- -s-_ ~ _ - _ _- _ _--- JUAy17A-AVE . • ~- I ~ I I ! ~ ~ ~ , YYggg~~~ 'L' ~ - ' ' - ~: .... Q _ ___ir r ~ ~SNERAT ~ ON B VD ~ W ! i I I ~ Fl ~A ~yE - - a ~~~' i o e m ~ ~ I I _ 4' - ~ d W ~~ I D sa (j ~ ~ i `w 1.. _ V . _ ... -~ ~ TROPIC-BLV -T- i i i rBARC t0 Q District Boundary f ~~ ~ n Parcel Boundary Sheraton Plaza Street Lighting District Annual Assessment Resolution APPENDIX B PROOF OF PUBLICATION Sheraton Plaza Street Lighting District Annual Assessment Resolution APPENDIX C AFFIDAVIT OF MAILING This is to certify that on June 25, 2010, a total of 415 notices of "Non-Ad Valorem Assessments" for the Sheraton Plaza Street Lighting District were mailed duly notifying the affected property owners of the Public Hearing to be held on July 20, 2010, at 6:00 p.m. in the St. Lucie County Commission Chambers, 2300 Virginia Avenue, Fort Pierce, Florida, whereas the St. Lucie County Board of County Commissioners approved the 2010 Assessment Roll. A sample copy of the notice is hereby attached. Barbara Guettler St. Lucie County Sworn to and subscribed before me this _ day of , 2010, by Barbara Guettler who is personally known to me. Notary Public, State of Florida Sheraton Plaza Street Lighting District Annual Assessment Resolution APPENDIX D FORM OF CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that I am the Chairman of the Board of County Commissioners of St. Lucie County, Florida or authorized agent of St. Lucie County, Florida (the "County"); as such I have satisfied myself that all property included or includable on the Non-Ad Valorem Assessment Roll for such county is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non-ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non-Ad Valorem Assessment Roll will be delivered to the St. Lucie County Tax Collector by September 15, 2010. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the St. Lucie County Tax Collector and made part of the above described Non-Ad Valorem Assessment Roll this day of 2010. ST. LUCIE COUNTY, FLORIDA By: Authorized Agent RESOLUTION NO. 10-181 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, RELATING TO THE PROVISION OF STREET LIGHTING SERVICES, IMPROVEMENTS AND FACILITIES IN THE PARADISE PARK STREET LIGHTING DISTRICT AND THE FUNDING THEREOF THROUGH THE IMPOSITION OF NON-AD VALOREM ASSESSMENTS; RATIFYING AND CONFIRMING COUNTY RESOLUTION NO. 82-57; DETERMINING THAT CERTAIN REAL PROPERTY WILL BE SPECIALLY BENEFITED BY THE STREET LIGHTING SERVICES; APPROVING THE METHOD OF ASSESSING THE COST OF SUCH SERVICES AGAINST THE REAL PROPERTY SPECIALLY BENEFITTED THEREBY; APPROVING THE ASSESSMENT ROLL AND DIRECTING CERTIFICATION THEREOF TO THE TAX COLLECTOR; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Article VI, Chapter 1-17 of the St. Lucie County Code of Ordinances (the "Ordinance"), County Resolution No. 82- 57, Sections 125.01, 125.66 and 197.3632, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. This resolution constitutes the Annual Assessment Resolution as defined in the Ordinance. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in the Ordinance. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. SECTION 3. FINDINGS. It is hereby ascertained, determined, and declared as follows: (A) On April 27, 1982, the Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County") adopted Resolution No. 82-57 which established the Paradise Park Street Lighting District (the "District") as a special improvement service district and provided for the imposition of special assessments to fund the cost of providing street lighting services, improvements and facilities therein. A map describing the boundary of the District is attached hereto as Appendix A. (B) On May 11, 2010, the Board enacted the Ordinance to revise the procedure by which special assessments are imposed within special improvement service districts for purposes of funding street lighting services. Such revised procedure requires adoption of an Annual Assessment Resolution each Fiscal Year approving the Assessment Roll for the District. (C) The Ordinance further provides that in the event the Board desires to implement an alternative apportionment methodology for allocating the cost of Street Lighting Services among the Paradise Park Street Lighting District Annual Assessment Resolution parcels of real property specially benefited thereby, the Board shall provide notice and conduct a public hearing prior to adoption of the Annual Assessment Resolution. (D) As required by the terms of the Ordinance, notice of a public hearing has been published and mailed to each property owner proposed to be assessed notifying such property owner of the opportunity to be heard; the proof of publication and an affidavit of mailing are attached hereto as Appendices B and C respectively. (E) The Assessment Roll for Fiscal Year 2010-11 has heretofore been filed and made available for public inspection at the offices of the Assessment Coordinator. (F) A public hearing has been duly held and comments and objections of all interested persons have been heard and considered as required by law. (G) The parcels of real property located within the District and described in the Assessment Roll are hereby found to be specially benefited by the provision of Street Lighting Services. Street Lighting Services specially benefit such parcels by enhancing the safety, aesthetics, identification and recognition thereof and access thereto, thus protecting and enhancing the value, use and enjoyment of affected parcels. (H) The special benefits derived from the Street Lighting Services programs contemplated herein exceed the dollar amount of the Assessments to be levied and imposed hereunder. The Assessment for any parcel of property within the District does not exceed the proportional benefits that such parcel will receive compared to any other parcel therein subject to the Assessment. (I) The apportionment methodology approved herein bears a reasonable relationship to the cost of providing Street Lighting Services and is hereby approved. (J) The Assessments to be imposed in accordance with this Resolution provide an equitable method of funding the Street Lighting Services by fairly and reasonably allocating the estimated cost of providing such services among specially benefited property SECTION 4. APPORTIONMENT METHODOLOGY. (A) The following apportionment methodology was utilized in preparing the Fiscal Year 2010- 11 Assessment Roll for the District and is hereby approved as the basis for allocating the cost of Street Lighting Services among the parcels of real property described therein: 2 Paradise Park Street Lighting District Annual Assessment Resolution (1) The District is substantially composed of similarly-sized single family residential parcels. Accordingly, each single family residential parcel shall constitute one equivalent dwelling unit (EDU) for purposes of allocating the cost of providing the Street Lighting Services therein. (2) Individual multifamily units within the District are specially benefitted by Street Lighting Services in the same manner and to substantially the same extent as single family residential parcels, such that each multifamily unit shall constitute one EDU. Individual tax parcels which contain multifamily units shall be assigned one EDU per multifamily unit. (3) The amount of the Assessment per EDU shall be calculated by dividing the total estimated cost of providing the Street Lighting Service by the number of EDUs in the District. (4) As of the date hereof, there are 438 EDUs located within the District. (5) For the Fiscal Year beginning October 1, 2010, the estimated cost of providing Street Lighting Services in the District is $13,604.28. Such estimated cost includes a component to fund or otherwise reimburse the County for costs incurred in administering and maintaining the Assessment program as authorized by Section 1-17-82 of the Ordinance. (6) The maximum amount of the Assessments to be assessed and apportioned among the parcels of real property within the District is hereby established in the amount of $31.06 per EDU for the Fiscal Year 2010-11. (B) Annual Assessment Resolutions for subsequent Fiscal Years may approve annual cost of living or inflationary increases in the amount of the Assessment by a cumulative total of not to exceed 10% of the amount approved hereunder, or a total annual Assessment of $34.17, without requiring additional notice and public hearing prior to adoption of such Annual Assessment Resolutions, as authorized by Section 1-17-79 of the Ordinance. (C) The apportionment methodology approved herein shall be utilized in preparing the Assessment Roll for the District for subsequent Fiscal Years. SECTION 5. RATIFICATION AND CONFIRMATION OF DISTRICT BOUNDARY AND RESOLUTION NO. 82-57. The legal description of the boundary of the District as set forth in Resolution No. 82-57, including any amendment thereto, is hereby ratified, confirmed and 3 Paradise Park Street Lighting District Annual Assessment Resolution incorporated herein by reference. Except as otherwise modified herein, Resolution No. 82-57 is hereby ratified and confirmed. SECTION 6. IMPOSITION OF ASSESSMENTS. (A) Assessments for Street Lighting Services in the amounts set forth in the Assessment Roll are hereby levied and imposed on all parcels of property described in such Assessment Roll for the Fiscal Year beginning October 1, 2010. (B) Assessments shall constitute a lien upon the parcels of real property subject thereto equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. SECTION 7. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, which is on file with the Assessment Coordinator and incorporated herein by reference, is hereby approved. The Assessment Roll as herein approved shall be delivered to the St. Lucie County Tax Collector for collection pursuant to the Uniform Assessment Collection Act as provided in Section 1-17-81 of the Ordinance. The Board has previously adopted its Resolution No. 09-336 expressing its intent to collect non-ad valorem assessments pursuant to the Uniform Assessment Collection Act. Such resolution constitutes the Resolution of Intent required by the Ordinance. The Assessment Roll, as delivered to the Tax Collector shall be accompanied by a Certificate to Non-Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix D. SECTION 8. COLLECTION OF ASSESSMENTS. The Assessments shall be collected pursuant to the Uniform Assessment Collection Act as provided for in Section 1-17-81 of the Ordinance. SECTION 9. EFFECT OF RESOLUTION. The adoption of this Annual Assessment Resolution shall be the final adjudication of the issues presented herein (including, but not limited to, the special benefit conveyed to assessed property by the Street Lighting Services, the apportionment methodology by which the Assessments are calculated, the Assessment Roll and the levy and lien of the Assessments), unless proper steps are initiated in a county of competent jurisdiction to secure relief within twenty (20) days from the adoption date hereof. 4 Paradise Park Street Lighting District Annual Assessment Resolution SECTION 10. SEVERABILITY. If any clause, section, or other part of this resolution shall be held by any court of competent jurisdiction unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affection the validity of the other provisions of this resolution. SECTION 11. EFFECTIVE DATE. This Annual Assessment Resolution shall take effect immediately upon its passage and adoption. DULY ADOPTED this 20st day of July, 2010. BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA By: (SEAL) ATTEST: Deputy Clerk Chairman Approved as to Form: County Attorney 5 Paradise Park Street Lighting District Annual Assessment Resolution APPENDIX A BOUNDARY MAP OF THE DISTRICT Street Lighting District: Paradise Park ~`~ ~* Paradise Park Street Lighting District Annual Assessment Resolution APPENDIX B PROOF OF PUBLICATION Paradise Park Street Lighting District Annual Assessment Resolution APPENDIX C AFFIDAVIT OF MAILING This is to certify that on June 25, 2010, a total of 438 notices of "Non-Ad Valorem Assessments" for the Paradise Park Street Lighting District were mailed duly notifying the affected property owners of the Public Hearing to be held on July 20, 2010, at 6:00 p.m. in the St. Lucie County Commission Chambers, 2300 Virginia Avenue, Fort Pierce, Florida, whereas the St. Lucie County Board of County Commissioners approved the 2010 Assessment Roll. A sample copy of the notice is hereby attached. Barbara Guettler St. Lucie County Sworn to and subscribed before me this day of , 2010, by Barbara Guettler who is personally known to me. Notary Public, State of Florida Paradise Park Street Lighting District Annual Assessment Resolution APPENDIX D FORM OF CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that I am the Chairman of the Board of County Commissioners of St. Lucie County, Florida or authorized agent of St. Lucie County, Florida (the "County"); as such I have satisfied myself that all property included or includable on the Non-Ad Valorem Assessment Roll for such county is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non-ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non-Ad Valorem Assessment Roll will be delivered to the St. Lucie County Tax Collector by September 15, 2010. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the St. Lucie County Tax Collector and made part of the above described Non-Ad Valorem Assessment Roll this day of 2010. ST. LUCIE COUNTY, FLORIDA By: Authorized Agent RESOLUTION NO. 10-182 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, RELATING TO THE PROVISION OF STREET LIGHTING SERVICES, IMPROVEMENTS AND FACILITIES IN THE PALM LAKE GARDENS STREET LIGHTING DISTRICT AND THE FUNDING THEREOF THROUGH THE IMPOSITION OF NON-AD VALOREM ASSESSMENTS; RATIFYING AND CONFIRMING COUNTY RESOLUTION NO. 91-96; DETERMINING THAT CERTAIN REAL PROPERTY WILL BE SPECIALLY BENEFITED BY THE STREET LIGHTING SERVICES; APPROVING THE METHOD OF ASSESSING THE COST OF SUCH SERVICES AGAINST THE REAL PROPERTY SPECIALLY BENEFITTED THEREBY; APPROVING THE ASSESSMENT ROLL AND DIRECTING CERTIFICATION THEREOF TO THE TAX COLLECTOR; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Article VI, Chapter 1-17 of the St. Lucie County Code of Ordinances (the "Ordinance"), County Resolution No. 91- 96, Sections 125.01, 125.66 and 197.3632, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. This resolution constitutes the Annual Assessment Resolution as defined in the Ordinance. All capitalized words and terms not otherwise defined herein shalt have the meanings set forth in the Ordinance. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. SECTION 3. FINDINGS. It is hereby ascertained, determined, and declared as follows: (A) On April 2, 1991, the Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County") adopted Resolution No. 91-96 which established the Palm Lake Gardens Street Lighting District (the "District") as a special improvement service district and provided for the imposition of special assessments to fund the cost of providing street lighting services, improvements and facilities therein. A map describing the boundary of the District is attached hereto as Appendix A. (B) On May 11, 2010, the Board enacted the Ordinance to revise the procedure by which special assessments are imposed within special improvement service districts for purposes of funding street lighting services. Such revised procedure requires adoption of an Annual Assessment Resolution each Fiscal Year approving the Assessment Roll for the District. (C) The Ordinance further provides that in the event the Board desires to implement an alternative apportionment methodology for allocating the cost of Street Lighting Services among the Palm Lake Gardens Street Lighting District Annual Assessment Resolution parcels of real property specially benefited thereby, the Board shall provide notice and conduct a public hearing prior to adoption of the Annual Assessment Resolution. (D) As required by the terms of the Ordinance, notice of a public hearing has been published and mailed to each property owner proposed to be assessed notifying such property owner of the opportunity to be heard; the proof of publication and an affidavit of mailing are attached hereto as Appendices B and C respectively. (E) The Assessment Roll for Fiscal Year 2010-11 has heretofore been filed and made available for public inspection at the offices of the Assessment Coordinator. (F) A public hearing has been duly held and comments and objections of all interested persons have been heard and considered as required by law. (G) The parcels of real property located within the District and described in the Assessment Roll are hereby found to be specially benefited by the provision of Street Lighting Services. Street Lighting Services specially benefit such parcels by enhancing the safety, aesthetics, identification and recognition thereof and access thereto, thus protecting and enhancing the value, use and enjoyment of affected parcels. (H) The special benefits derived from the Street Lighting Services programs contemplated herein exceed the dollar amount of the Assessments to be levied and imposed hereunder. The Assessment for any parcel of property within the District does not exceed the proportional benefits that such parcel will receive compared to any other parcel therein subject to the Assessment. (I) The apportionment methodology approved herein bears a reasonable relationship to the cost of providing Street Lighting Services and is hereby approved. (J) The Assessments to be imposed in accordance with this Resolution provide an equitable method of funding the Street Lighting Services by fairly and reasonably allocating the estimated cost of providing such services among specially benefited property SECTION 4. APPORTIONMENT METHODOLOGY. (A) The following apportionment methodology was utilized in preparing the Fiscal Year 2010- 11 Assessment Roll for the District and is hereby approved as the basis for allocating the cost of Street Lighting Services among the parcels of real property described therein: 2 Palm Lake Gardens Street Lighting District Annual Assessment Resolution (1) The District is substantially composed of similarly-sized single family residential parcels. Accordingly, each single family residential parcel shall constitute one equivalent dwelling unit (EDU) for purposes of allocating the cost of providing the Street Lighting Services therein. (2) Individual multifamily units within the District are specially benefitted by Street Lighting Services in the same manner and to substantially the same extent as single family residential parcels, such that each multifamily unit shall constitute one EDU. Individual tax parcels which contain multifamily units shall be assigned one EDU per multifamily unit. (3) The amount of the Assessment per EDU shall be calculated by dividing the total estimated cost of providing the Street Lighting Service by the number of EDUs in the District. (4) As of the date hereof, there are 88 EDUs located within the District. (5) For the Fiscal Year beginning October 1, 2010, the estimated cost of providing Street Lighting Services in the District is $4,155.36. Such estimated cost includes a component to fund or otherwise reimburse the County for costs incurred in administering and maintaining the Assessment program as authorized by Section 1-17-82 of the Ordinance. (6) The maximum amount of the Assessments to be assessed and apportioned among the parcels of real property within the District is hereby established in the amount of $47.22 per EDU for the Fiscal Year 2010-11. (B) Annual Assessment Resolutions for subsequent Fiscal Years may approve annual cost of living or inflationary increases in the amount of the Assessment by a cumulative total of not to exceed 10% of the amount approved hereunder, or a total annual Assessment of $51.94, without requiring additional notice and public hearing prior to adoption of such Annual Assessment Resolutions, as authorized by Section 1-17-79 of the Ordinance. (C) The apportionment methodology approved herein shall be utilized in preparing the Assessment Roll for the District for subsequent Fiscal Years. SECTION 5. RATIFICATION AND CONFIRMATION OF DISTRICT BOUNDARY AND RESOLUTION NO. 91-96. The legal description of the boundary of the District as set forth in Resolution No. 91-96, including any amendment thereto, is hereby ratified, confirmed and 3 Palm Lake Gardens Street Lighting District - Annual Assessment Resolution incorporated herein by reference. Except as otherwise modified herein, Resolution No. 91-96 is hereby ratified and confirmed. SECTION 6. IMPOSITION OF ASSESSMENTS. (A) Assessments for Street Lighting Services in the amounts set forth in the Assessment Roll are hereby levied and imposed on all parcels of property described in such Assessment Roll for the Fiscal Year beginning October 1, 2010. (B) Assessments shall constitute a lien upon the parcels of real property subject thereto equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. SECTION 7. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, which is on file with the Assessment Coordinator and incorporated herein by reference, is hereby approved. The Assessment Roll as herein approved shall be delivered to the St. Lucie County Tax Collector for collection pursuant to the Uniform Assessment Collection Act as provided in Section 1-17-81 of the Ordinance. The Board has previously adopted its Resolution No. 09-345 expressing its intent to collect non-ad valorem assessments pursuant to the Uniform Assessment Collection Act. Such resolution constitutes the Resolution of Intent required by the Ordinance. The Assessment Roll, as delivered to the Tax Collector shall be accompanied by a Certificate to Non-Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix D. SECTION 8. COLLECTION OF ASSESSMENTS. The Assessments shall be collected pursuant to the Uniform Assessment Collection Act as provided for in Section 1-17-81 of the Ordinance. SECTION 9. EFFECT OF RESOLUTION. The adoption of this Annual Assessment Resolution shall be the final adjudication of the issues presented herein (including, but not limited to, the special benefit conveyed to assessed property by the Street Lighting Services, the apportionment methodology by which the Assessments are calculated, the Assessment Roll and the levy and lien of the Assessments), unless proper steps are initiated in a county of competent jurisdiction to secure relief within twenty (20) days from the adoption date hereof. 4 Palm Lake Gardens Street Lighting District Annual Assessment Resolution SECTION 10. SEVERABILITY. If any clause, section, or other part of this resolution shall be held by any court of competent jurisdiction unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affection the validity of the other provisions of this resolution. SECTION 11. EFFECTIVE DATE. This Annual Assessment Resolution shall take effect immediately upon its passage and adoption. DULY ADOPTED this 20st day of July, 2010. BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA By: (SEAL) ATTEST: Chairman Approved as to Form: Deputy Clerk County Attorney 5 Palm Lake Gardens Street Lighting District Annual Assessment Resolution APPENDIX A BOUNDARY MAP OF THE DISTRICT Street Lighting District: Palm Lake Gardens '~` Apr! 2010 i~o s ~ c Palm Lake Gardens Street Lighting District Annual Assessment Resolution APPENDIX B PROOF OF PUBLICATION Palm Lake Gardens Street Lighting District Annual Assessment Resolution APPENDIX C AFFIDAVIT OF MAILING This is to certify that on June 25, 2010, a total of 88 notices of "Non-Ad Valorem Assessments" for the Palm Lake Gardens Street Lighting District were mailed duly notifying the affected property owners of the Public Hearing to be held on July 20, 2010, at 6:00 p.m. in the St. Lucie County Commission Chambers, 2300 Virginia Avenue, Fort Pierce, Florida, whereas the St. Lucie County Board of County Commissioners approved the 2010 Assessment Roll. A sample copy of the notice is hereby attached. Barbara Guettler St. Lucie County Sworn to and subscribed before me this _ day of , 2010, by Barbara Guettler who is personally known to me. Notary Public, State of Florida Palm Lake Gardens Street Lighting District Annual Assessment Resolution APPENDIX D FORM OF CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that I am the Chairman of the Board of County Commissioners of St. Lucie County, Florida or authorized agent of St. Lucie County, Florida (the "County"); as such I have satisfied myself that all property included or includable on the Non-Ad Valorem Assessment Roll for such county is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non-ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non-Ad Valorem Assessment Roll will be delivered to the St. Lucie County Tax Collector by September 15, 2010. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the St. Lucie County Tax Collector and made part of the above described Non-Ad Valorem Assessment Roll this day of 2010. ST. LUCIE COUNTY, FLORIDA By: Authorized Agent C Q [1 NT Y . E L O R [ D A AGENDA REQUEST ITEM NO. VII-J DATE: 7/20/10 REGULAR ( ) PUBLIC HEARING (X ) LEG. ( ) QUASI-JD (X ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Planning and Development Services Department SUBJECT: Rezoning Request -Lucie Rock, LLC BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PRESENTED BY: , Diana Waite ~C~~~-~ Senior Planner PREVIOUS ACTION: June 17, 2010 -Planning and Zoning Commission recommended the Board approve this petition by a vote of 7-0. October 18, 2004 -Amended the future land use designation of the site from RS (Residential Suburban) to MXD (Mixed Use -Orange Ave/I-95). RECOMMENDATION: Board adoption of Resolution No. 10-105 approving the petition of Lucie Rock, LLC for a change in zoning from AG-1 (Agricultural - 1 du/ac) to IL (Industrial, Light), as outlined in the agenda memorandum. COMMISSION ACTION: ~ APPROVED ( ) OTHER ( ) DENIED Approved 4.0 Comm. Coward Absent CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Siunatures County Attorney (X) ~}~ ~, orM County Surveyor Danie S. McIntyre N ell. ~ `l ~ `.-^3 t County Engineer (X) -~~ ~'~ ERD Michael Powley Originating Dept. (X) ~~/"" OMB Mark Satterlee (X) ~i~~ Ron Harris (X) ren mith Marie Gouin Purchasing ( ) Melissa Simberlund BOARD OF COUNTY COMMISSION Hearing Date: July 20, 2010 GM File Number RZ 120104035 Applicant Lucie Rock, LLC Barry Goldmeier 250 Catalonia Ave., Suite 702 ,Coral Gables, FL 33134 Property Location Approximately 1/2 mile north of Orange Ave., on the SE corner of the FDOT Access Road and Laidback Way right-of-way. Land Use & Zoning Future Land Use: MXD- Orange Ave/I-95 Activity Area Zoning: AG-1 (Agricultural-1 du/ac) Staff Recommendation Adopt Resolution No. 10-105 granting approval to the petition of Lucie Rock, LLC, as outlined in the staff memorandum. Previous Action October 18, 2004-The Board amended the Future Land Use from RS to MXD-Orange Ave/I-95 Activity Area). Project Staff Diana Waite, AICP Senior Planner 772-462-1577 waited@stlucieco.org c N st Lucie Bwd A ~, ° Subject property 9 ~ ~ ~ ~,~~ ¢ an a 've ~ ~. `~ ~Qa ~ ~ ~'~ Y ~'i ~ ~. m ~ea~o~e Rd I~.Edwerds Rd_ Lucie Rock, LLC for A Change in Zoning from AG-1 to IL 0 AGENDA ITEM No. VII-J RZ-120104035 St. Lucie Commerce West .~ ~,. _ - a __ '~i~ ' S - - - ~ r ~ ::. ~ '~.~ . ~ -~ mat: ~ ~ ~ ~ '`a ~~ : ~~,; ~'` uv ., ~~F ,~. ~ ~ ~ ' .~g, ..~i , 4 ~ t :~r~ ^J ,~'. a~' N ~ ., ..,, _, . R" -0 f b '~ 'yr 5 T ~ ~ ~~- ~~ ~ 1 .i r ~ ~ .,tr. ~ 4 2 kt.r. "~~ ~.~ ~ ~ . - .. ~.t. ~ x j F Y"4-'~ - - , AVOLLO Al'E r - - -Qtm '=a~~ ` R -~r ~~ r ~~ '/' ~ ~m Z. f~ POO s mew m r~~~4 r~~ ~ `~ ~ .. Ip ~ ~' ^C ~`'~~ Subject property ~« """7~ N 500 ft. notificatbn area ~ Aenai Aown Jan. 2009 .~-~ n N Map prepareE FeCruary 5, 1010 Location: Approximately 1/2 mile north of Orange Avenue, on the southeast corner of the FDOT Access Road and Laidback Way right-of-way. Project Description vided as part of the site plan design. The property is vacant and contains Lucie Rock, LLC is requesting a Change in few natural features. Zoning from the AG-1 (Agricultural - 1 du/ac) Zoning District to the IL (Industrial, Light) Recommended Action Zoning District. The subject 16.42 acres are part of a 37 acre parcel, a portion of which Adopt Resolution No. 10-105 granting was rezoned to IL in 2005. approval to the petition of Lucie Rock, LLC, as outlined in the staff memoran- The purpose of the requested change in zon- dum. ing is to allow for the incorporation of the site into a proposed industrial subdivision to be Notice Requirements known as St. Lucie Commerce Center. The proposed Major Site Plan project will require Public hearing notice was placed in T ib l approval by the Board of County Commis- etters the St. Lucie News r une, sinners. sent to property owners within 500 feet of the subject property, and a sign The rezoning would convert the agricultural Placed on the property. designated lands to a zoning district that al- Public Input Received: lows industrial and commercial uses more compatible with the adjacent uses, including None the St. Lucie County Jail Complex. Buffering between the proposed nonresidential uses Further details are found in the at- and residential uses to the west will be pro- tached memorandum and staff report. cOU NTy F L O R I D A Planning and Development Services Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Direc Kara Wood, Planning Manager ~ FROM: Diana Waite, AICP, Senior Planners-~-'~ DATE: July 20, 2010 SUBJECT: Rezoning Request -Lucie Rock, LLC ITEM NO. VII-J Background: Lucie Rock, LLC is requesting a change in zoning from the AG-1 (Agricultural - 1 du/ac) Zoning District to the IL (Industrial, Light) Zoning District. The subject 16.42 acres is located north of Orange Avenue, approximately 2,000 feet west of the northern terminus of Rock Road. The site is part of a 37 acre parcel, a portion of which was rezoned to IL in 2005. This will complete the parcel's rezoning to an industrial classification for incorporation into a proposed industrial park to be known as St. Lucie Commerce Center. At the June 17, 2010 public hearing on this matter, the St. Lucie County Planning and Zoning Commission recommended approval of the requested Change in Zoning by a vote of 7 to 0 (Barry Schrader and Brad Culverhouse were absent). Mr. Lee Dobbins, with the law firm of Dean Meade, appeared to speak on behalf of the applicant. No one else appeared to speak. The Planning & Zoning minutes and staff report are attached for your consideration. On June 30, 2010, the applicant held a neighborhood meeting after mailing notice of the meeting to all property owners within 500 feet. A representative of one of the surrounding property owners, Sunnyland Farms Inc., attended and stated they had no objection to the project. Other attendees were representatives of the property owner and County staff. Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Recommendation Board adoption of Resolution No. 10-105 approving the petition of Lucie Rock, LLC for a change in zoning from AG-1 (Agricultural - 1 du/ac) to IL (Industrial, Light), as outlined in this agenda memorandum. C o u wT y F L O R I D A Environmental Resources Department Companion Report TO: Board of County Commissioners THROUGH: Karen Smith, Environmental Resources Department Director ~~ FROM: Yvette Alger, Senior Environmental Planner DATE: July 7, 2010 SUBJECT: Lucie Rock, LLC fora Change in Zoning from the AG-1 (Agricultural - 1 du/ac) Zoning District to the IL (Industrial, Light) Zoning District. Background The Planning & Development Services Department requested Environmental Resources Department (ERD) input on the applicant's request for rezoning approval. Findings ERD findings are presented in the ERD Final Report, which has been included in the agenda packet. Recommendations ERD supports approval of the requested rezoning application. S gnature Cou[vTy F L O R I D A Environmental Resources Department Final Report TO: Diana Waite, Planning & Development Services Department THROUGH: Karen Smith, Environmental Resources Department Director FROM: Yvette Alger, Sr. Environmental Planner Amy Griffin, Environmental Regulation and Land Division Manager DATE: June 1, 2010 SUBJECT: Lucie Rock, LLC Rezoning Application Background The applicant requests a re-zoning from Agricultural, one (1) dwelling unit per acre (AG- 1) to Industrial, Light (IL), with the intent to incorporate the site into the St. Lucie Commerce Center (formerly known as Lucie Rock), which is currently proposed east of the site. The 16-acre site is located west of I-95 and north of Orange Avenue. The site and adjacent lands to the east are located within the Orange Avenue - I-95 Mixed Use Activity Future Land Use Area, within which the Comprehensive Plan (Figure 1-7f and Policy 1.1.7.4) allows for a variety of uses, including industrial. The proposed project site consists primarily of abandoned citrus groves, with scattered young laurel oaks, slash pines, cabbage palms, and Brazilian pepper (Category 1 invasive exotic); no native habitat exists on-site. The site's north and west perimeters contain numerous mature slash pines, with areas of native saw palmetto understory vegetation. The subject parcel is not located within 500 feet of any Aquatic Preserve or other specially designated aquatic habitat or a Category I wetland, as required per Comprehensive Plan Policy 1.1.11.3. The application states that the St. Lucie Commerce Center site plan is being modified to include a vegetative buffer and retention lake along the western boundary of the subject parcel, to transition between the proposed industrial uses and the Residential Suburban (RS) future land use to the west. Findings ERD finds no significant environmental impacts associated with the proposed rezoning, based on the lack of existing native habitat on-site, the absence of impacts to adjacent Environmental Resources Department Final Report St. Lucie Commerce West Rezoning June 2, 2010 wetlands and aquatic habitats, and the industrial and institutional zoning of lands to the north, south, and east. The Environmental Resources Department (ERD) will conduct further review through the site plan and/or building permit review process. Recommendations Staff supports the recommendation of approval of the Lucie Rock, LLC Rezoning application. Please contact Yvette Alger (Sr. Environmental Planner) at 772-462-2866 if you have any questions. -2- 2 3 RESOLUTION No. 10-105 FILE NO.: RZ 120104035 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING A CHANGE IN ZONING FROM THE AG-1 (AGRICULTURAL -1 DU/ACRE) ZONING DISTRICT TO THE IL (INDUSTRIAL, LIGHT) ZONING DISTRICT FOR A PARCEL LOCATED IN ST. LUCIE COUNTY, FLORIDA. 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: 1. Lucie Rock, LLC requested an Amendment to the Official Zoning Atlas to Change the Zoning from the AG-1 (Agricultural - 1 du/ac) Zoning District to the IL (Industrial, Light) Zoning District fora 16.42 acre parcel, depicted on the attached maps as Exhibit "A"and described below. 2. On June 17, 2010, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners grant approval to the change in zoning from the AG - 1 (Agricultural - 1 du/ac) Zoning District to the IL (Industrial, Light) Zoning District. 3. On July 20, 2010, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed change in zoning has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code and is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. 5. The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area. 6. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution, was signed by the applicant on January 8, 2010. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: July 20, 2010 Page 1 Subject: Lucie Rock, LLC Resolution No. 10-105 1 2 3 4 5 6 7 s 9 to 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 2s 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 A. The proposed amendment to the Official Zoning Atlas from the AG -1 (Agricultural - 1 du/ac) Zoning District to the IL (Industrial, Light) Zoning District for that property depicted on the attached maps as Exhibit "A" and described below is approved. Legal Description: A parcel of land being a portion of the Southwest one-quarter, of the Southwest one-quarter, of Section 2, Township 35 South, Range 39 East, St. Lucie Couth, Florida, less and except all rights of way of record, being more particularly described as follows: Commence at the Southwest corner of said Section 2, thence North 89°50'20" East, a distance of 98.50 feet; thence North 00°12'39" East, a distance of 80.00 feet, to the intersection of the North right of way line, of the North St. Lucie Water Management District Canal No. 44, (a 80.00 foot wide right of way) and the East right of way line of Emerson Avenue (a 50.00 foot wide right of way) and the Point of Beginning of the following described parcel: Thence North 00°12'39" East, a distance of 1241.03 feet; thence North 89°50'57" East, a distance of 574.94 feet; thence South 00°04'25" West, a distance of 1240.91 feet; thence South 89°50'20" West, a distance of 577.92 feet, to the Point of Beginning. Said Parcel containing 16.422 acres, more or less. Parcel I D#: 2302-331-0001-0007 Location: Approximately 1 /2 mile north of Orange Avenue, on the southeast corner of the FDOT Access Road and the Laidback Way rights-of-way. B. The Planning and Development Services Director is hereby authorized and directed to cause the change to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this Resolution. C. A copy of this Resolution shall be mailed, return receipt requested, to the owner and agent of record as identified on the application. D. This Resolution shall be recorded in the Public Records. July 20, 2010 Page 2 Subject: Lucie Rock, LLC Resolution No. 10-105 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 After motion and second, the vote on this resolution was as follows: Chairman Charles Grande XXX Vice-Chairman Doug Coward XXX Commissioner Paula Lewis XXX Commissioner Chris Dzadovsky XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED This 20th Day of July 2010. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney July 20, 2010 Subject: Lucie Rock, LLC Page 3 Resolution No. 10-105 EXHIBIT A A petition of Lucie Rock, LLC for a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the IL (Industrial, Light) Zoning District. RMH.5 QG_1 RS-2 0 PUD Y U O AG-1 i z PUD ~ IX /,y, F~sr ~ ~~ ---" AG 1 gT IH Fss I • ~ yH'1- . ~ , -- A6GE ;RD ---- PUD ~ ~ ~ ~ 500 ft 1 1 1 AG-1 IL ; IH ~ ~ I IX ~ ~ ~ ~ ~ I 1 ~ 60L•BOURN~RD ~ PUD ~ I ~ pOLLO VE ~ ~ P i ~ t Z ~~~° D ° 9~ o P~aP ~ $~ PU ~,oa F~o m 9 o I ~ IH AR-1 'Z; ~ P I AG-1 -Agriwtluml (1 dulec) IX -Industrial Extraction N ® Subject property AR-1 -Agricultural Resitlenliel (1 tlulec) PUD - Plannetl Unil Development nr..~~.M....a..w~ I - Institutional RMH-5 - Resitlential Mobile Home ' ^""°'"'~ _ IH -Industrial Heary RS-2 - Resitlentiel Single Family (2 tlulec) notification area ~ ~ 500 ft . IL -Industrial Light Map prepared June 3, 2010 July 20, 2010 Page 4 Subject: Lucie Rock, LLC Resolution No. 10-105 EXHIBIT ° r, ° St. Lucie County Concurrency Deferral Affidavit I, Lucie Rock, LLC, residing or doing business at ?SO Catalor~ra Avenue, Suite 70?, Coral Gables, FL, 3313~l, Phone: (303} =161-?330 have applied for a Re.-oi7ir7g from St. Lucie County, Florida, for the fallowing project: St. Lucie Commerce Center ~Ijest Re~orre. I do hereby affirm that in connection with my application for the above project, I have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later time, but no later than the application for a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie County can make no guarantee that adequate public facilities will be available when I apply for the final development order. I further acknowledge that according to Section ~.Q8.01 of the St. Lucie County Land Development Code, no final development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject property. Signed: ~ Date: ~ 8 ~'~ ppli nt STATC OI' FLORIDA COUNTY OT ~ /, T}h~e foregoing instrument was acknowledged before me this ~~ day of ~~L~, 20~ V , by 1-~~~({ ~~S .~'~~~,(~~~'Y1~1Q who is~ersonallv knnwn to me or who has pro_ducefd ,- as identification. ~ ~ 11 !! , 4~ ~ ~ C~ Signature of Notary Notary Commission Number ~,i m~ 'Type or Print Name of NOTARY PUBLIC -STATE 4FFLOItIDA """'~ Crystal R. Mueller (Seal) -Commission #DD652377 `~~~:~ expires: MAR. 19, 2011 ,,, ,,,,• BONDED IHRU A7'LAN'r~C bi, .DING Co.,1NC. 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Con 1 N 6 Reliet Canol olbourn Rootl i c° °o ~ U I 0: I 6 j a I *NOte: Future development Shmll be limited t0 the PA 03-006 f(o~llOwin I~w~nwdw apses tuned ratios: IND (~(Industriml) 80%, ~ IrQM (~~I I II I lery~~l, 074, ~nd ~E~ (f1pS~dGnt ~I, ~O~A• Map prepaied February 2 200a This pattern indicates The he;ght of III pudding end structures shall be no Map revised Octoben2, 200a subject parcel more thin 60 feet. ~~~~~••~• ~KK•-~b~••~•~ ~ N 1 St. Lucie County 2 Planning and Zoning Commission/ Local Planning Agency 3 Roger Poitras Annex, Commission Chambers, 3~d Floor 4 June 17, 2010 Meeting 5 6:00 p.m. 6 In the event of a conflict between these written minutes and a compact disc recording, 7 the compact disc shall control. 8 9 I. CALL TO ORDER 10 Chairman Mundt called the meeting to order at 6:05 p.m. 11 A. Pledge of Allegiance 12 B. Roll Call 13 Craig Mundt ................................ ..... Chairman 14 Britt Reynolds ................................ ..... Vice-Chairman 15 Pamela Hammer ......................... ..... Commission Member 16 Edward Lounds ........................... ....,Commission Member 17 Stephanie Morgan ........................ ..... Commission Member 18 Tod Mowery ................. ............... ..... Commission Member 19 Brad Culverhouse (arrived at 6:40)..Commission Member 20 Susan Caron .....................,......... ..... Commission Member 21 22 Members Absent 23 Barry Schrader ............................ ..... Commission Member 24 Kathryn Hensley .......................... ..... Ex-Officio Member 25 26 Staff Present 27 Heather Young ............................ ..... Assistant County Attorney 28 Mark Satterlee ............................. ..... Planning and Development Services Director 29 Michael Brillhart ........................... ..... Business and Concurrency Manager 30 Kristin Tetsworth .............................. Senior Planner 31 Diana Waite ................................ ..... Senior Planner 32 Jeff Johnson ..................................... Senior Planner 33 Michael Powley ........................... ..... County Engineer 34 Yvette Alger ..................................... Senior Environmental Planner 35 Michelle Hylton ........................... ...... Recording Secretary 36 37 C. Announcements , DRAFT Page 3 of 11 68 No one spoke. 69 Chairman Mundt closed the public hearing. 70 Ms. Caron stated her concern that the applicant is doing what staff wants him to rather than 71 what he wants, and asked if there was a more appropriate zoning that he could have without 72 building a home on the property. 73 Ms. Tetsworth stated the future land use requires the use to be residential and staff feels 74 confident that this is the best recommendation for all parties. 75 Mrs. Hammer stated her concern that the applicant will want to run a landscaping business 76 from the property, which will not be fair to the adjoining property owners. 77 Ms. Tetsworth stated the landscaping business would be a Conditional Use that the applicant 78 would have to come back before the Commission and the Board of County Commissioners to 79 request that use. 80 Mr. Mundt stated he brought those issues up earlier in the week. 81 Mr. Mowery stated everyone had the same concerns but he feels staff has worked diligently 82 with the applicant and he is still willing to go forward. 83 Mr. Mowery made the motion: 84 After considering the testimony presented during the public hearing, including 85 staff comments, and the standards of review as set forth in Section 11.06.03, St. 86 Lucie County Land Development Code, I hereby move that the Planning and 87 Zoning Commission recommend that the St. Lucie County Board of County 88 Commissioners adopt a resolution granting approval to the application of 89 Juan Venegas for an amendment to the Official Zoning Atlas to change the zoning 90 from the RS-3 (Residential, Single Family - 3 du/ Acre) Zoning District to the AR-1 91 (Agricultural, Residential - 1 du /Acre) Zoning District ,because the petition is 92 consistent with the County's Comprehensive Plan, compatible with the existing 93 and proposed land uses, and the site is capable of handling the impacts of the 94 proposed zoning uses. 95 Ms. Caron seconded. The motion carried 7-0. 96 B. Lucie Rock, LLC: RZ 120104035 97 Petition of Lucie Rock, LLC for an amendment to the Official Zoning Atlas from the AG - 98 1 (Agricultural - 1 du/acre) Zoning District to the IL (Industrial, Light) Zoning District. 99 Staff comments and presentation by Diana Waite. Planning and Zoning Commission June 17, 2010 Minutes DRAFT 100 Ms. Waite presented the petition. Page 4 of i 1 101 Mrs. Hammer asked what the buffering distance would be between the property and the 102 nearest residential unit. 103 Ms. Waite stated there is 147 feet of rights of way between this parcel and the expired 104 Sunnyland Farms PUD, and the Palm Breezes PUD to the west will be buffered by stormwater 105 treatment along with a buffer and a berm. 106 Lee Dobbins, of the law firm Dean Meade, representing the applicant, stated of the 94 107 contiguous acres Lucie Rock owns, 77 acres were already rezoned to IL and IH in 2007 so this 108 parcel would be an addition. He also addressed the buffering. ~ 09 Chairman Mundt opened the public hearing. 110 No one spoke. 11 ~ Chairman Mundt closed the public hearing. 112 Mr. Mowery made the motion: 113 After Considering the testimony presented during the public hearing, including 114 staff comments, and the Standards of Review as set forth in Section 11.06.03, St. 115 Lucie County Land Development Code, I hereby move that the Planning and 116 Zoning Commission recommend that the St. Lucie County Board of County 1 ~ 7 Commissioners grant approval to the application of Lucie Rock, LLC for a change 118 in zoning from the AG-1 (Agricultural - 1) Zoning District to the IL (Industrial, 119 Light) Zoning District, because the petition is consistent with the County's Comp 120 Plan, it is compatible with the existing and proposed land uses, the site is 121 capable of handling the impacts of the proposed zoning uses, and it increases 122 the acres available for employment centers and economic development 123 opportunities. ~ 24 Mr. Lounds seconded. The motion carried 7-0. 125 C. William Shane Bland: RZ 220104036 126 Petition of William Shane Bland for an amendment to the Official Zoning Atlas from the 127 CO (Commercial Office) Zoning District to the CG (Commercial General) Zoning District. 128 Staff comments and presentation by Jeffrey Johnson. ~ 29 Mr. Johnson presented the petition. 130 Mr. Lounds asked whether there was a grandfather clause that would apply since the applicant 131 has been operating his business for 20 years. Planning and Zoning Commission June 17, 2010 Minutes DRAFT 132 Mr. Johnson stated there was not. Page 5 of 11 133 Mr. Mowery expressed concerns about the improvements and existing structures on the 134 parcel. 135 Mr. Johnson explained improvements would be required and the issues would be cleared up 136 during the site plan review process. 137 (Mr. Culverhouse joined the Commission) 138 Chairman Mundt opened the public hearing. 139 No one spoke. 140 Chairman Mundt closed the public hearing. 141 Ms. Caron made the motion: 142 After considering the testimony presented during the public hearing, including 143 staff comments, and the Standards of Review as set forth in Section 11.06.03, St. 144 Lucie County Land Development Code, I hereby move that the Planning and 145 Zoning Commission recommend that the St. Lucie County Board of County 146 Commissioners adopt a resolution granting approval to the application of 147 William S. Bland for an amendment to the Official Zoning Atlas to change the 148 zoning from the CO, Commercial Office Zoning District to the CG, Commercial 149 General Zoning District, because it is compatible with the Commercial land use 150 designation and complies with the Standards of Review in Section 11.09.02 none 151 too soon. 152 Mrs. Hammer seconded. The motion carried 8-0. 153 D. MCZ/ Centrum Citrus Farms: CU 220081426 154 Petition of MCZ/Centrum Citrus Farms for a Conditional Use Permit to allow a mining 155 operation (Sand and Coquina Rock) in the AG - 5 (Agricultural 1 du/5 acre) Zoning 156 District. Staff comments and presentation by Jeffrey Johnson. 157 Mr. Johnson presented the petition. 158 Mr. Mowery asked about the hours of operation as they differ from the other mining 159 application. 160 Mr. Reynolds expressed concerns about the requirements for truck traffic and the fact that 161 Orange Avenue is not capable of conducting that traffic. Planning and Zoning Commission June 17, 2010 Minutes PUBLIC HEARING NOTICE Lucie Rock, LLC RZ 120104035 John Doe 2300 Virginia Avenue Fort Pierce, FL 34982 Public Hearing Date: July 20, 2010 Location: BOCC Chambers SLC Admin Annex, 2300 Virginia Avenue, Ft Pierce, Florida 34982 Time: 6:00 PM Applicant Lucie Rock, LLC Property Location Approximately 1/2 mile north of Orange Avenue, on the southeast corner of the FDOT Access Road and the Laidback Way rights-of- way. Zo in4 AG-1 (Agricultural-1 du/acre) Future Land Use MXD (Mixed Use Development) N °~ '. i St Lucie 81vd H ~` ~ ~ S~gect property: ~ \ ! u _..._..__. ,. ~' _. _:v_.._.Y_..__..__... y \ ~9iP .~ Oran a Ave O ,~ - ,. ~: m-', _. \\ Y ~ d OKQecho~eR Edwards_Rtl_ RZ-120104035 Z°"'"~ Lucie Rock, LLC RMy;S QG_t RS-2 __. ------- o _..._.. _ PUD " AG-1 ~ ~ PUD ~ksr - ~ ~ ' - - ~ AG_1 IH srF~~ ~ „~ ~~ PUD ~ ~ :ees'~ ~ i , 1 1 500 h. 1 ~ AG-1 IL ~ IH IX ,_ __-_ - ~ - _ ___~ ; cc¢acuaa~Ro PUD ~ ~ - `~SF~ - I L ~ .vE /5 ~ }i S 9Z ~ 9 J' F. ~ O ~~.( es :,yi ~ -PUD c `4 ~ I ~, IH 2 ~T ~ ~~r ~~ a4 ~ ~ Q v Q ' AR-1 _o. 91 4 Tom... ':,a ..."'bp J U' ~PS' ~O ~Z: .... >- PG , p I ~r I , tl . I% I dus trv i Sudjeci P/O perty R np It ~r R aent'.a Ir C 1 . l Plen ed t, it . ~+etoo 1 ~ ^:. N I I idut ~ PMHS R d 0 N Coe , ,.__. __ H Ce: Hee.y r ~ SO ' fl R.:.-Resmeneel 5-nap Fe'T 1, 2tl .e:. t , f. nOtl LaliOn area - IL I tral '_qht Map pr Fa Jr~e i, :010 Public Hearing Description Petition of Lucie Rock, LLC for a Change in Zoning from the AG-1 (Agricultural-1 du/acre) Zoning Dis- trict to the IL (Industrial, Light) Zoning District. Staff Recommendation Board adoption of Resolution No. 10- 103 granting approval to the petition of Lucie Rock, LLC. The St. Lucie County Board of County Commissioners has the power to re- view and grant any applications within their area of responsibility. The Board of County Commissioners strongly encourages your input and comment at the public hearing. You may also mail or email written com- ments in advance of the public hearing for inclusion in the official record re- garding this proceeding. Further details are available in the Planning and Development Services Department-please contact: Staff Diana Waite, AICP Tel. 772-462-1577 Email waited@stlucieco,org Mail 2300 Virginia Avenue Fort Pierce, Florida 34982 Legal Description: A parcel of land being a portion of the Southwest one-quarter, of the Southwest one-quarter, of Section 2, Township 35 South, Range 39 East. St. Lucie County, Florida, less and except all rights of way of record, being more particularly described as fol- lows: Commence at the Southwest corner of said Section 2, thence North 89°50'20" East, a distance of 98.50 feet; thence North 00° 12'39" East, a distance of 80.00 feet, to the intersection of the North right of way line, of the North St. Lucie Water Manage- ment District Canal No. 44, (a 80.00 foot wide right of way) and the East right of way line of Emerson Avenue (a 50.00 foot wide right of way) and the Point of Beginning of the following described parcel: Thence North 00°12'39" East, a distance of 1241.03 feet; thence North 89°50'57" East, a distance of 574.94 feet; thence South 00°04'25" West, a distance. of 1240.91 feet; thence South 89°50'20" West, a distance of 577.92 feet, to the Point of Beginning. Said parcel containing 16.422 acres, more or less PUBLIC HEARING AGENDA July 20, 2010 NOTICE OF PROPOSED ZONING DISTRICT CHANGE The St. Lucie County Board of County Commissioners proposes to consider the adoption of the following by resolution: RESOLUTION N0.10-105 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING A CHANGE IN ZONING FROM THE AG1 (AGRICULTURAL - 1 DUTACRE) ZONING DISTRICT TO THE IL (INDUSTRIAL, LIGHT) ZONING DISTRICT FOR A PARCEL LOCATED IN ST. LOGE COUNTY, FLORIDA. APPLICANT: Lucie Rock, LLC FILE NUMBER: RZ 120104D35 LEGAL DESCRIPTION: A parcel of land being a portion of the Southwest one-quarter, of the Southwest one-quarter, of Section 2, Township 35 South, Range 39 East, St. Lucie County, Florida, less and except all rights of way of record, being more particularly described as follows: Commence at the Southwest corner of said Section 2, thence North 69°50'20" East, a distance of 98.50 feet; thence North 00° t 2'39" East, a distance of 80.00 feet, to the intersection of the North right of way line, of the North St. Lucie Water Management District Canal No. 44, (a 80.00 foot wide right of way) and the East right of way line of Emerson Avenue (a 50.00 foot wide right of way) and the Point of Beginning of the following described parcel: Thence North 00°12'39" East, a distance of 1241.03 feet; thence North 89°50'57" East, a distance of 574.94 feet; thence South 00°04'25" West, a distance of 1240.91 feet; thence South 69°50'20" West, a distance of 577.92 feet, to the Point of Beginning. Said Parcel containing 16.422 acres, more or less. LOCATION: Approximately 1/2 mile north of Orange Avenue, on the southeast corner of the FDOT Access Road and the Laidback Way rights-of-way. PURPOSE: For a Change in Zoning from the AG -1 (Agricultural -1 du/acre) Zoning District to the IL (Industrial, Light) Zoning District. '. 7 Lu~ROC4, LLC ~ I '.Angle RC iyS '. ~9 \ a z ' ~" ... t A __ _ U a 9 Ave '. ¢ '. w ~ ., poc s; _ i, Virgini~ ~ ~ / The PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor,. St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Tuesday, July 20, 2010 beginning at 6:00 p.m. or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Board of County Commissioners should be received by the Planning and Development Services Department -Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Planning and Development Services Department offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida, during regular business hours. Please call 772/462-2822 or TDD 772/462-1426 if you have any questions or require additional information. The St. Lucie County Board of County Commissioners has the power to review and grant any applications within their area of responsibility. The proceedings of the Board of County Commissioners are electronically recorded. PURSUANT TO Section 286.0105. Florida Statutes, if a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity tocross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued from time to time as may be necessary to adate-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Risk Manager at least forty-eight (48) hours prior to the meeting at (772)462-1546 or T.D.D. (772)462-1428. Any questions about this agenda may be referred to St. Lucie County Planning Division at (772)462-2622. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/CHARLES GRANDE, CHAIRMAN PUBLISH DATE: July 8, 2010 DEAN ~M EAD Dean, Mead, Minton 8 Zwemer 1903 South 25th Street, Suite 200 P.O. Box 2757 (ZIP 34954) Fort Pierce, Florida 34947 772-464-7700 772-464-7877 Fax www.deanmead.com MEMORANDUM VIA E-MAIL & REGULAR MAIL DATE: July 7, 2010 Orlando Fort Pierce Viera W. LEE DOBBINS 772-464-7700 x. 6715 Idobbins@deanmead.com TO: Diana Waite ,~ %~ FROM: W. Lee Dobbi~~ RE: Lucie Rock, LLC/Development Approvals St. Lucie Commerce Park -Rezoning of 16.42 acre parcel File # RZ 120104035 Neighborhood Meeting held on June 30, 2010 On June 30, 2010, Lucie Rock, LLC held a neighborhood meeting at the IFAS Center on Rock Road, in Room No. 219, from 5:00 P.M. unti16:00 P.M. Other than the Applicant's team, and Diana Waite representing the County, the only person who attended the meeting was Brian Nolan of Lucido & Associates, who was there representing Domenick Paparone, one of the principals of Sunnyland Farms, LLC, the owner of the property located to the west of the Applicant's property. We showed Mr. Nolan the zoning map and proposed site plan. He indicated that he had no questions and was simply attending to observe. Attached is a copy of the sign-in sheet for the meeting. WLD: av Cc: Barry Goldmeier (via e-mail) Lee Goldmeier (via e-mail) Ken Natoli (via e-mail) Stef Matthes (via e-mail) FOll 4931 v 1 O ~~~~ L'~ JUL 0 ~ 2010 B y F o L u O NT R y I D A . AGENDA REQUEST CONSENT ( ) TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: Planning and Zoning Commission Planning and Development Services Planning Division ITEM NO. III-B DATE: 06/17/10 REGULAR ( ) PUBLIC HEARING (X ) LEG. ( ) QUASI-JD (X ) PRESENTED BY: Diana Waite, AICP~ Senior Planner Lucie Rock LLC - A Change in Zoning from the AG-1 (Agricultural - 1 du/ac) Zoning District to the IL (Industrial, Light) Zoning District. See attached memorandum. N/A PREVIOUS ACTION: N/A RECOMMENDATION: Forward a recommendation of approval to the Board of County Commissioners, as outlined in the staff memorandum. Coordination/Signatures County Attorney (X) ~ County Surveyor ( ) Daniel S. McIntyre Ron Harris A/~ / County Engineer (X) !"~ ERD (X ) Michael Powley ~. Originating Dept. (X) ~ %nS Ma < Sattertee Karen Smith PLANNING AND ZONING COMMISSION Lucie Rock, LLC for A Change in Zoning from AG-1 to IL 0 AGENDA ITEM No. III-B Hearing Date: June 17, 2010 GM File Number RZ 120104035 Applicant Lucie Rock, LLC Barry Goldmeier 250 Catalonia Ave., Suite 702 Coral Gables, FL 33134 Property Location Approximately 1/2 mile north of Orange Ave., on the SE corner of the FDOT Access Road and Laidback Way right-of-way. Land Use 8 Zoning Future Land Use: MXD- Orange Ave/I-95 Activity Area Zoning: AG-1 (Agricultural-1 du/ac) Staff Recommendation Forward a recommendation of approval to the Board of County',, Commissioners, as outlined in the staff memorandum. Previous Action October 18, 2004-The Board amended the Future Land Use from RS to MXD-Orange Ave/I-95 Activity Area). Project Staff Diana Waite, AICP Senior Planner 772-462-1577 waited@stlucieco.org N 0: S~ ~~~~e Bwd A i ~ ~''' summa nom ',,' ~ -- -_ ___ ~ ~~ i ~' ~P ' ~ an e Ave ~~~ ~!. fP - Y OKeecho~e Fd ' Edwards Rd Location: Approximately 1/2 mile north of Orange Avenue, on the southeast corner of the FDOT Access Road and Laidback Way right-of-way. Project Description Lucie Rock, LLC is requesting a Change in Zoning from the AG-1 (Agricultural - 1 du/ac) Zoning District to the IL (Industrial, Light) Zoning District. The subject 16.42 acres are part of a 37 acre parcel, a portion of which was rezoned to IL in 2005. The purpose of the requested change in zon- ing is to allow for the incorporation of the site into a proposed industrial subdivision to be known as St. Lucie Commerce Center. The proposed Major Site Plan project will require approval by the Board of County Commis- sioners. The rezoning would convert the agricultural designated lands to a zoning district that al- lows industrial and commercial uses more compatible with the adjacent uses, including the St. Lucie County Jail Complex. Buffering between the proposed nonresidential uses and residential uses to the west will be pro- vided as part of the site plan design. The property is vacant and contains few natural features. Recommended Action Forward a recommendation of approval to the Board of County Commissioners, as outlined in the staff memorandum. Notice Requirements Public hearing notice was placed in the St. Lucie News Tribune, letters sent to property owners within 500 feet of the subject property, and a sign placed on the property. Public Input Received: None Further details are found in the at- tached memorandum and staff re- port. _ __: _ _ _ Planning and Development Services -~ ~ ~ - - Department • .• MEMORANDUM TO: Planning and Zoning Commission THROUGH: Mark Satterlee, Director Kara Wood, Planning Manager FROM: Diana Waite, Senior Planner ~1~= Planning Division DATE: June 17, 2010 SUBJECT: Lucie Rock, LLC -Change in Zoning from the AG-1 (Agricultural - 1 du/ac) Zoning District to the IL (Industrial, Light) Zoning District ITEM NO. III-B GENERAL INFORMATION: Applicant: Barry Goldmeier Lucie Rock, LLC 250 Catalonia Avenue, Suite 702 Coral Gables, FL 33134 Contact Ken Natoli Person: Houston Cuozzo Group 2400 SE Federal Highway, Suite 310 Stuart, FL 34994 Phone: 772-221-2128 Requested A change in zoning from the AG-1 (Agricultural - 1 unit per 5 acres) Zoning District Action: to the IL (Industrial, Light) Zoning District. Purpose: To rezone 16.42 acres for incorporation into a proposed 94 acre site plan project known as St. Lucie Commerce Center. Location: Approximately 1/2 mile north of Orange Avenue on the southeast corner of the FDOT Access Road (unpaved) and Laidback Way (unopened) rights-of-way. Tax Id: Part of Parcel # 2302-331-0001-0007 Size: 16.42 acres Page 2 June 17, 2010 Subject: Lucie Rock, LLC File No.: RZ 120104035 Fire/EMS Station # 4 (3601 Industrial 33~d St.) is located approximately 4 1/4 miles to the Protection: northeast. Existing Conditions: ~'~ ~~--_~: View to the east along the FDOT Access Road, petition site on the right. View to the west along the FDOT Access Road to the Sunnyland Farms PUD property line. View to the south along the Laidback Way and NSLWCD canal rights-of-way on the sites western property line. View to north across the FDOT Access Road. Page 3 June 17, 2.010 Subject: Lucie Rock, LLC File No.: RZ 120104035 Existing Land Use and Zoning: Future Land Use Zonin Existing Land Use MXD (Mixed Use Orange Ave/I-95 AG-1 (Agricultural - 1 unit Vacant land Activity Area) Medium Intensity with per acre) subarea olicies. Surroundin Land Use and Zonin Future Land Use Zonin Existin Land Use North RS (Residential AG-1 (Agricultural - 1 Vacant land Suburban - 2 du/ac) du/ac) and IX (Industrial Extraction South P/F (Public Facilities) I (Institutional) St. Lucie County Jail Complex East MXD (Mixed Use IL (Industrial, Light) Vacant Land Orange Ave/I-95 Activity Area) Medium Intensity with subarea olicies. West RS (Residential PUD (Planned Unit Pasture lands and natural Suburban - 2 du/ac) Development - Sunnyland areas Farms BACKGROUND INFORMATION: On October 18, 2004, the Board of County Commissioners adopted a future land use map amendment changing 94 acres, including the petition site, from RS (Residential Suburban - 2 du/ac) to MXD (Mixed Use Development -Orange Avenue/I-95 Activity Area). The purpose of the future land use map amendment was to convert the agricultural zoned lands to a land use that would allow industrial and commercial uses more compatible with the adjacent uses, including the St. Lucie County Jail Complex. The 2004 land use amendment for Lucie Rock, LLC included limitations that specify the maximum development potential for the petition site and adjacent lands. To comply with those terms, staff has determined that industrial and commercial uses may be located on the entire 94 acres, subject to the land use limitations being addressed as part of the associated Major Site Plan application. The limitations will require establishing a maximum building square footage that is less than that allowed under the proposed IL Zoning District. The Major Site Plan will require Board of County Commission approval. Previous actions related to this petition: • October 18, 2004 -Ordinance 04-031 was adopted to amended the future land use designation of 94 acres owned by Lucie Rock, LLC from RS (Residential Suburban - 2 du/ac) to MXD (Mixed Use Development -Orange Avenue/I-95), High and Medium Intensity levels, with subarea policies. The Planning and Zoning Commission recommended approval by a vote of 7 to 1. The BOCC approved unanimously. On December 16, 2005 - A Major Site Plan application fora 40 lot industrial subdivision was submitted for the adjacent 77 acres of industrial zoned land. The application has been amended a number of times and remains under review. On November 20, 2007 - A total of 77.85 acres of the Lucie Rock, LLC amendment lands were rezoned to an industrial zoning district. This includes 57.59 acres rezoned to IH (Industrial, Page 4 June 17, 2010 Subject: Lucie Rock, LLC File No.: RZ 120104035 Heavy) and 20.26 acres rezoned to IL (Industrial, Light). The IL Zoning District borders the eastern boundary of the petition site and is part of the same parcel Tax ID number. Resolution 07-288 and Resolution 07-289 granted these changes. The Planning and Zoning Commission recommended approval by a vote of 7-0. The BOCC approved unanimously. The 16.42 acre petition site is part of a 37 acre parcel that provides a transition from the high intensity heavy industrial uses to the east to the existing and proposed residential uses to the west. The petition site is proposed to be added into an existing Major Site Plan application for the St. Lucie Commerce Center. The project is a subdivision for Industrial, High and Industrial, Light uses. The future uses on the petition site will be limited to those within the Industrial, Light Zoning District. ********************************************** STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for a change in zoning, the Board of County Commissioners shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed IL (Industrial, Light) Zoning District is consistent with the St. Lucie County Land Development Code (LDC) and has met the standards of review for changes to the Official Zoning Atlas set forth in Section 11.06.03 of the County's Land Development Code. The proposed rezoning is consistent with Section 11.09.02(A), Table 11-1 Land Use Category/Zoning District compatibility chart and the site meets the dimensional requirements set forth in Section 7.04.00 and Table 7-10 for the IL (Industrial, Light) Zoning District. The property is vacant and contains few natural features. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The IL Zoning District is consistent with the Future Land Use Element's Land Use Compatibility Chart that allows Industrial, Light Zoning within the subject property's MXD (Mixed Use Orange Ave/I-95 Activity Area, Medium Intensity) Future Land Use Designation. Staff has determined that the proposed industrial rezoning is not inconsistent with the sub-area policies adopted in Ordinance No. 04-031. The limiting requirements of the land use amendment can be applied as part of the Major Site Plan application. This will require the maximum buildable area of the parcel to be less than that specified in the IL Zoning District regulations. To address the building area limitations, the applicant has indicated the revised site plan for the overall Commerce Park will include the 50% building coverage limit for individual lot development and an overall limit of 30% for the entire Commerce Park to allow flexibility in the type and intensity of uses on the individual lots. It will also include a specific restriction of 1,232,835 sq. ft. for the entire park consistent with the approved Land Use Amendment and the proposed Declaration of Covenants and Restrictions. The developer proposed to keep track of the total building coverage and square footage as the project develops to assure the total limits are not exceeded. Page 5 June 17, 2010 Subject: Lucie Rock, LLC File No.: RZ 120104035 Comprehensive Plan polices that particularly apply to this petition include: • Policy 1.1.11.3: In addition to any other general standard for change in zoning as may be described in the County's Land Development Regulations, the following specific standards shall be used in determining the suitability of new property(s) for designation as Light Industrial under the County's Land Development Regu/afions: 1. Light Industrial property should have available to it central water services necessary for both domestic and fire protection purposes. 2. New Light Industrial property should not be located within 500 feet of any Aquatic Preserve or other specially designated aquatic habitat or a Category 1 Wetlands as described in Policy 8.1.14.1. 3. New Light Industrial areas should have immediate access to the regional transportation network. 4. New Light Industrial property should have a minimum lot size of one (1) acre. The subject parcel meets the above criteria • Objective 1.2.2: Continue to explore planning concepts which provide for fewer and/or shorter automobile trips. The proposed change in zoning will accommodate industrial and commercial employment centers in close proximity to the Treasure Coast Research and Education Park and regional transportation facilities. The petition site has frontage on an FDOT Access Road, which is an extension of Rock Road located approximately .5 mile north of State Highway 68 (Orange Avenue). The mixed land uses in this area can reduce vehicle miles for the industrial/commercial uses that access these highway systems and assist to develop the employment clusters that further efforts to develop a mass transit system. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; With proper site designs, IL (Industrial, Light) Zoning District uses can be consistent with the existing and proposed land uses of the surrounding parcels. The site immediately east was rezoned to IL in 2005. The proposed industrial zoning district would convert the future use of the property from agricultural to industrial consistent with the parcel to the east. To the north, across the FDOT Access Road is a 4.87-acre parcel with AG-1 Zoning, for which an application has been submitted that requests an amendment to the parcel's RS Future Land Use designation to a MXD designation as assigned to the subject parcel, and a change in zoning from AG-1 to IH (Industrial, Heavy). The surrounding land uses are mixed with nonresidential uses to the north, south and east, and residential uses to the west, across Laidback Way and the North St. Lucie Water Control District Canal. The residential uses to the southwest include the Morningside PUD, a 646 unit single-family PUD located on 151 acres. Directly west of the subject site is the 229-acre Sunnyland Farms PUD. The Sunnyland Farms PUD development plan, providing for 458 (1.99 du/ac) single-family lots, expired in 2009. A new application will be required to develop the PUD tract. Compatibility between the proposed industrial uses and the residential uses to the west will be maintained through the design of the associated St. Lucie Commerce Center Major Site Plan. The application for this change in zoning indicates that the proposed St. Lucie Commerce Center site plan is being modified and will be resubmitted to include this parcel with a vegetative buffer and retention lake along the western boundary to further transition the industrial uses to the future residential uses to the west. With adequate buffering from the existing and future residential uses to the west and oversight of industrial materials and solvents that would be detrimental to adjacent canal waters, light Page 6 June 17, 2010 Subject: Lucie Rock, LLC File No.: RZ 120104035 industrial/commercial activities on the subject site is not expected to adversely affect the quality of life in the surrounding area. 4. Whether there have been changed conditions that require an amendment; The 2004 Lucie Rock, LLC future land use amendment provided for the development of the site for urban uses, including industrial and commercial uses as proposed. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; Prior to the issuance of any final development order, the developer must demonstrate that all public facilities are available to serve the parcel and obtain a Certificate of Capacity. The applicant has signed the required Concurrency Deferral Affidavit recognizing this provision. Water and Wastewater The subject property is within the Fort Pierce Utilities Authority Service area. Public water and sewer lines are located south of the site along Rock Road. Prior to any final development order approvals, the applicant would need to demonstrate that sufficient capacity is available to service the project. The Fort Pierce Utilities Authority has indicated their approval of the proposed changed in zoning. Solid Waste The County's Solid Waste facility currently has capacity to serve the increased volumes expected from the proposed industrial use. Parks and Recreation The proposed nonresidential zoning district will not increase demands on the County's park system. Transportation System The petition site has frontage on two public road rights-of-way, a FDOT Access Road and Laidback Way (FKA Emerson Avenue), an unimproved 50-foot right-of-way owned by St. Lucie County. Access to the site is currently from the unpaved 60-foot wide FDOT Access Road owned by the State of Florida. The FDOT Access Road (proposed Sunnyland Drive) improvements will be designed to St. Lucie County standards and the applicant will be working with FDOT and St. Lucie County to have the road dedicated to the County during the site plan approval process. The future traffic impacts for the petition site for a rezoning will be further analyzed as part of the overall St. Lucie Commerce Center Major Site Plan. The improvements for the proposed 94-acre industrial subdivision are expected to include: • Reconstruction of the FDOT Access Road and Rock Road from Orange Avenue to the site entrance consistent with County standards. • Orange Avenue reconstruction from Rock Road to Kings Highway. • Rock Road and Orange Avenue intersection improvements to include signalization, dual south- bound left turn lanes and an east-bound left turn lane onto Rock Road; and • Proportionate fair share contribution related to traffic impacts upon the Kings Highway and Orange Avenue intersection. Page 7 June 17, 2,010 Subject: Lucie Rock, LLC File No.: RZ 120104035 The existing Level of Service of the immediate regulated roadways are shown below: Roadway 2008 Volume/LOS PM Peak Hour Volume/LOS Oran a Avenue est of t-95 to Shinn Rd 27,749/B 1,858/ B Kin s Hi hwa South Of Oran a 10,261 /C 798/C Kin s Hi hwa North Of Oran a 14,265/D 1,253/C Kin s H & Oran a Intersection LOS F LOS F Note: 2008 TPO S rin Count Anal sis 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The change in zoning is not expected to result in significant adverse impacts on the natural environment. The petition site consists primarily of abandoned citrus groves, with scattered young laurel oaks, slash pines, cabbage palms, and Brazilian pepper (Category 1 invasive exotic); no native habitat exists on-site. The site's north and west perimeters contain numerous mature slash pines, with areas of native saw palmetto understory vegetation. The following will be required when detailed development plans are submitted for review: 1) Updated tree survey (LDC Section 11.05.06.A.3); 2) Environmental Impact Report (LDC Section 11.02.09.A.5), unless waived by the Board of County Commissioners, including surveys for listed species and discussion of efforts to avoid and minimize environmental impacts; and 3) Landscape plan (LDC Section 7.09.00), including, but not limited to the following: preservation of existing native vegetation to the extent practicable; and buffering of adjacent residential future land uses. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; The proposed change in zoning is expected to result in an orderly and logical development pattern. The property is located in close proximity to regional roadways and existing industrial uses. The subject 16.42 acre site is the westernmost portion of the Lucie Rock, LLC amendment lands that were the subject of a 2004 future land use map amendment that was approved for the purpose of creating an industrial and commercial development. The remainder of the Lucie Rock, LCC holdings were rezoned to IL or IH in 2005. The St. Lucie County Jail Complex is located to the south and an abandoned mine is located to the north, along the south side of I-95. Adequate buffering between the proposed nonresidential use and the residential lands to the west is expected to eliminate any negative affects between uses. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; Page 8 June 17, 2010 Subject: Lucie Rock, LLC File No.: RZ 120104035 The proposed industrial zoning district increases the acres available for employment centers and economic development opportunities in St. Lucie County. The applicant is proposing to develop an industrial subdivision in a manner that is compatible with the surrounding area. SUMMARY The petitioner, Lucie Rock, LLC, has requested this change in zoning from the AG-1 (Agricultural -1 du/ac) Zoning District to the IL (Industrial, Light) Zoning District for property generally located on the south side of the FDOT Access Road, approximately 1/2 mile north of Orange Avenue and along the east right-of-way line of Laidback Way. In considering a change in zoning, all uses within the proposed zoning district that are permitted by right may be located on the property. Attached is a copy of Section 3.01.03(T) - IL (Industrial, Light), of the St. Lucie County Land Development Code, which sets forth the permitted, accessory, and conditional uses allowed in this zoning district. If a change in zoning is approved, the applicant, by right, would be allowed to establish any of the uses under the Permitted Uses section. Any use under the Accessory Uses section would be allowed only if one or more of the permitted uses exist on the subject property. Any use under the Conditional Uses section could only be allowed if it first receives approval through the Board of County Commissioners. RECOMMENDATION Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that the Planning and Zoning Commission forward a recommendation of approval to the Board of County Commissioners. Page 9 June 17, 2010 Subject: Lucie Rock, LLC File No.: RZ 120104035 Suggested motion to recommend approval/denial of this requested change in zoning. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF LUCIE ROCK, LLC FOR A CHANGE IN ZONING FROM THE AG-1 (AGRICULTURAL - 1) ZONING DISTRICT TO THE IL (INDUSTRIAL, LIGHT) ZONING DISTRICT, BECAUSE..... [CITE REASON WHY -PLEASE BE SPECIFIC]. MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF LUCIE ROCK, LLC FOR A CHANGE IN ZONING FROM THE AG-1 (AGRICULTURAL - 1) ZONING DISTRICT TO THE IL (INDUSTRIAL, LIGHT) ZONING DISTRICT, BECAUSE..... [CITE REASON WHY -PLEASE BE SPECIFIC]. CQU NTY f L O R I D A Environmental Resources Department Final Report TO: Diana Waite, Planning & Development Services Department THROUGH: Karen Smith, Environmental Resources Department Director FROM: Yvette Alger, Sr. Environmental Planner Amy Griffin, Environmental Regulation and Land Division Manager DATE: June 1, 2010 SUBJECT: Lucie Rock, LLC Rezoning Application Background The applicant requests a re-zoning from Agricultural, one (1) dwelling unit per acre (AG- 1) to Industrial, Light (IL), with the intent to incorporate the site into the St. Lucie Commerce Center (formerly known as Lucie Rock), which is currently proposed east of the site. The 16-acre site is located west of I-95 and north of Orange Avenue. The site and adjacent lands to the east are located within the Orange Avenue - I-95 Mixed Use Activity Future Land Use Area, within which the Comprehensive Plan (Figure 1-7f and Policy 1.1.7.4) allows for a variety of uses, including industrial. The proposed project site consists primarily of abandoned citrus groves, with scattered young laurel oaks, slash pines, cabbage palms, and Brazilian pepper (Category 1 invasive exotic): no native habitat exists on-site. The site's north and west perimeters contain numerous mature slash pines, with areas of native saw palmetto understory vegetation. The subject parcel is not located within 500 feet of any Aquatic Preserve or other specially designated aquatic habitat or a Category I wetland. as required per Comprehensive Plan Policy 1.1.11.3. The application states that the St. Lucie Commerce Center site plan is being modified to include a vegetative buffer and retention lake along the western boundary of the subject parcel, to transition between the proposed industrial uses and the Residential Suburban (RS) future land use to the west. Findings ERD finds no significant environmental impacts associated with the proposed rezoning, based on the lack of existing native habitat on-site, the absence of impacts to adjacent Environmental Resources Department Final Report St. Lucie Commerce West Rezoning June 2, 2010 wetlands and aquatic habitats, and the industrial and institutional zoning of lands to the north, south, and east. The Environmental Resources Department (ERD) will conduct further review through the site plan and/or building permit review process. Recommendations Staff supports the recommendation of approval of the Lucie Rock, LLC Rezoning application. Please contact Yvette Alger (Sr. Environmental Planner) at 772-462-2866 if you have any questions. -2- '~ C o u NT y F L O R I D A Environmental Resources Department Companion Report TO: Planning and Zoning Commissioners THROUGH: Karen Smith, Environmental Resources Department Director( FROM: Yvette Alger, Sr. Environmental Planner Amy Griffin, Environmental Regulation and Land Division Manager DATE: June 1, 2010 SUBJECT: Lucie Rock, LLC -Change in Zoning from the AG-1 (Agricultural - 1 du/ac) Zoning District to the IL (Industrial, Light) Zoning District. Background The Planning & Development Services Department requested Environmental Resources Department (ERD) input on the applicant's request for rezoning approval. Findings ERD findings are presented in the ERD Final Report, which has been included in the agenda packet. Recommendations ERD supports approval of the requested rezoning application. 'gnature 1 RESOLUTION No. 10-105 2 FILE NO.: RZ 120104035 3 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF 6 ST. LUCIE COUNTY GRANTING A CHANGE IN ZONING FROM THE 7 AG-1 (AGRICULTURAL - 1 DU/ACRE) ZONING DISTRICT TO THE IL s (INDUSTRIAL, LIGHT) ZONING DISTRICT FOR A PARCEL LOCATED IN 9 ST. LUCIE COUNTY, FLORIDA. to 11 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on 12 the testimony and evidence, including, but not limited to the staff report, has made the 13 following determinations: 14 15 1. Lucie Rock, LLC requested an Amendment to the Official Zoning Atlas to 16 Change the Zoning from the AG-1 (Agricultural -1 du/ac) Zoning District to the 17 IL (Industrial, Light) Zoning District fora 16.42 acre parcel, depicted on the la attached maps as Exhibit "A" and described below. 19 20 2. On June 17, 2010, the St. Lucie County Planning and Zoning Commission held 21 a public hearing on the petition, after publishing notice at least 10 days prior to 22 the hearing and notifying by mail all owners of property within 500 feet of the 23 subject property, and recommended that the Board of County Commissioners 24 a change in zoning from the AG - 1 (Agricultural - 1 du/ac) Zoning 25 District to the IL (Industrial, Light) Zoning District. 26 27 3. On , 2010, this Board held a public hearing on the petition, after 2s publishing notice at least 10 days prior to the hearing and notifying by mail all 2 9 owners of property within 500 feet of the subject property. 30 31 4. The proposed change in zoning has satisfied the requirements of Section 3 2 11.06.03 of the St. Lucie County Land Development Code and is consistent with 33 the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. 34 3 5 5. The proposed change in zoning is consistent with the existing and proposed use 36 of property in the surrounding area. 37 3 s 6. A Concurrence Deferral Affidavit, a copy which is attached to this Resolution, was 39 signed by the applicant on January 8, 2010. 40 41 2010 Subject: Lucie Rock, LLC Page 1 Resolution No. 10-105 1 2 3 4 5 6 7 s 9 to 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 2s 29 30 31 32 33 34 35 36 37 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed Change in the Zoning District from the AG - 1 (Agricultural - 1 du/ac) Zoning District to the IL (Industrial, Light) Zoning District for that property depicted on the attached maps as Exhibit "A" and described as follows: A parcel of land being a portion of the Southwest one-quarter, of the Southwest one-quarter, of Section 2, Township 35 South, Range 39 East, St. Lucie Couth, Florida, less and except all rights of way of record, being more particularly described as follows: Commence at the Southwest corner of said Section 2, thence North 89°50'20" East, a distance of 98.50 feet; thence North 00°12'39" East, a distance of 80.00 feet, to the intersection of the North right of way line, of the North St. Lucie Water Management District Canal No. 44, (a 80.00 foot wide right of way) and the East right of way line of Emerson Avenue (a 50.00 foot wide right of way) and the Point of Beginning of the following described parcel: Thence North 00°12'39" East, a distance of 1241.03 feet; thence North 89°50'57" East, a distance of 574.94 feet; thence South 00°04'25" West, a distance of 1240.91 feet; thence South 89°50'20" West, a distance of 577.92 feet, to the Point of Beginning. Said Parcel containing 16.422 acres, more or less. Parcel I D#: 2302-331-0001-0007 Location: Approximately 1/2 mile north of Orange Avenue, on the southeast corner of the FDOT Access Road and the Laidback Way rights-of-way. B. The Planning and Development Services Director is hereby authorized and directed to cause the change to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. Page 2 2010 Subject: Lucie Rock, LLC Resolution No. 10-105 1 2 3 4 5 6 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 After motion and second, the vote on this resolution was as follows: Chairman Charles Grande XXX Vice-Chairman Doug Coward XXX Commissioner Chris Craft XXX Commissioner Paula Lewis XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED This _ Day of , 2010. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY ATTEST: Chairman APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk 2010 Page 3 County Attorney Subject: Lucie Rock, LLC Resolution No. 10-105 EXHIBIT A A petition of Lucie Rock, LLC for a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the IL (Industrial, Light) Zoning District. RMH,S AG_1 RS-2 PUD 0 Y 0 AG-1 Z PUD IX ~Nr , ~~Srgr - - - - ~/ I ~ AG_1 IH FRs ~ I yh y I ~ i ccESS;RD ~ PUD ; ~ I ' i ~ ~ I 500 ft ~ ~ 1 I I 1 ~ ~ , AG-1 IL , IH I I ~ , I IX i ~ ~ , '~, ~ ~~ + , , i i ~ GOL•BOURN~RD PUD I POL•LO VE ~Z I A Fp i s ~ 9J' ~ ~ 9~~ 9y ' ~ O ~' >-~ `~ PUD ~ ~ m ' I : Y IH ~ ~ ~ ~ ~~,p(i F y ~` kQ ~~ ~, P~~~~ ~ I AR-1 cv' zi ~ sE 'P r ~ i AG-t -Agricultural (1 tlu/ac) Subject property AR-1 -Agricultural Residential IX -Industrial Eatrection (1 du/ac) PUD-Planned Unit Development R~~~~~~~ N *a~++~+r..:..~ rf ZPJa~ ~~ _ _ l -Institutional RMH-5 -Residential Mobile Home ~ ° *°'+ I\ notification area IH -Industrial Heevy ~ ~ 500 ft RS-2 -Residential Single Family (2 du/ac) - _ - ^^\ \ . IL -Industrial Light r ` + Map prepareo June 3. 2010 ,2010 Page 4 Subject: Lucie Rock, LLC Resolution No. 10-105 St. Lucie County Concurrency Deferral Affidavit 1, Lucie Rock, LLC, residing or doing business at 250 CatnloninAvenue, Suite 702, Coral Gables, FL, 3313, Plrorte: (30S} =161-2330 have applied for a Re~orrirrg from St. Lucie County, Florida, for the following project: St. Lucie Commerce Center Yi'est Reaor~e. 1 do hereby affirm that in connection with my application for the above project, I have e]ected to defer t11e certificate of capacity and reservation of capacity in public facilities for the above property until a later time, but no later than the application for a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie County can make no guarantee that adequate public facilities will be available when I apply for the final development order. I further acknow]edge that according to Section x.08.41 of the St. Lucie County Land Development Code, no final development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject property. Signed: - Date: ~ ~ ~'~ ppli t STAT>; Or FLORIDA COUNTY Or ~ //,, The foregoing instrument was acknowledged before me this ~ day of ~~ 20~ V , by ~"7~,~(S~ ~~~~"A~ ~P. who t~ersanally known tom nr who has produced ,-. as identification- 1 1~ ,~ Signature of Notary Notary Commission Number 4' , c 1 u l Type or Print Name of NOTARY PUBLIC - STATE OF FL~~A "''•,, Crystal R. Mueller (Seal) =Commission ~DD652377 =~ ~ expires: MAR. 19, 2011 -.. ,., .. B ONDED'I'HAU p7'L1NrlC bi, :DING Co., SNC. U ~ ~ M w ~-; o ~ ~ O i ~ e o ~ w~ I c N ~ z~ u ° ~~ ~I i c /. 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N Q C = J Q Q Q ~ ~ G P ~ D SS a ~ QP m a a o ~=N S, P~O O~ a a :~ S S ~ ~ S~ ~ ~~ P P d ~ o O ~ y ~ ~ ~ 1 ~ ~ ~~ ~ r ~ ~6, 1 1 (~ `~s 1 ~ ~~ Q 1.1 °~ I ; ~ J ~ / ~ ~; I _-- ~ o vl;. ~ I ~ ~Z O ~ ~ / c ~ ~ ~L ( ~' ' - i '~` ~ ~ II ° ~ M c PS N e ~ `> 7 ~/\ ~ _ ~ ' a '~ i ~ I ' v; i ~ Q i I i I d- I ~ a a2~.~i~02i~N ~ --- -- _._ _ _ _ -- - CQ2~>~1~02~;N a ~ ~ ~ _ ~ ~ ~ ~ ~ ,~~ o ~ ~ ~~ ? L\L I = m a i o X ~ o D ~ ~ I U ¢ ~n J ~ ~ _~ M J ~ Q o • ~ U c ~ m O • ~ °' ~ ~ E .~ N a~ ~ - ~~ N ~ 1 ~:_.~~,o r ^, 1 W 1 N --- (0 ~ C6~~~~~ ~ V 1 -p ~ C c ~ a~ ~~~ ~ x_-a~ ~ 3 J ~ a ~ ~a ~iesaol ~ ~ ~ ~ ~ • ;~~i ~ o ~~~~~ ~ `----------- w ~ Q o J ~ J ~~ Q~ ~~ SAP ` ~ c a ~ c a o ~ - a~ i~ Q U O `~ ~ . w Q O C U ~ ~ CS ~ p O 7 ~ ~ O ~ ~ o- ~ f~i ~ 6~ ~ 1 1 1 1 1 ~ 1 ExhibitA Lucie Rook, LLC change in Future Land lJse Designation from RS (Residential, Suburban) to MXD (Mixed lJse-Orange Avenu~l-95 Activity_Area) . ~ I ~~ ~ ~ ~ I I ~ \~~ ~ ~ ~~ N.S.I.R.D.D. Conoi No. a} I S R N ~. 9 ~~ r \~ 9s on s ~:i I ~~i ~ I V ~ ~ \ V O 3 N Z I N. S.L. W.IA.D. Con 1 N 4 Reliel Conoi ol0o~tn Rootl I Z U O K S *NOt@: Futur@ d@v@IOpm@nt Sh~lll b@ limit@d to th@ PA 03-006 followin Imnd us@s and ra~t~os: IND (Industrial) 60%, ~,s~»~ ~OM Gomm@roial) 10%, and RES (~@Sd@ntlal) 3O%• Map prepared Febr ary 2 2004 This pattern indicates Th@ h@ight of all building and struotur@s shall b@ no Map reased Ckloher t2, 2004 subject parcel more thorn 60 f@@t. ~-~~•w •~--°°pe-•~ ~ ,~ N •Deanna Givens From: Chris Newman Sent: Thursday, June 03, 2010 3:41 PM To: Deanna Givens; Katherine Smith Subject: RE: Bankrupcy and foreclosures Neither From: Deanna Givens Sent: Thursday, June 03, 2010 3:29 PM To: Katherine Smith; Chris Newman Subject: Bankrupcy and foreclosures Can you please check for bankruptcy and foreclosures for tax ID # 230233100010007 Lucie Rock, LLc. Thanks Deanna Givens Planning Technician Planning & Development Ser~~ces Gi~~ensd~)stluciccti~.or~ 772-462-6426 `':~.ase Nate' Fi~orida has von broad public records lai+..~ t/~est wri~,en eo3rmunica'ions to cr from Gouniy o`Ac+a1s regarding County bus+ness are public :accrds a.~ailabi2 to the public and media upcn ieque~t. !, :~, the polic;d of S':. Lucie County that a(I Gcun!y receres sha'i be cper for persona: inspection, examinatior, any or c.t}pyir~y. Tourer al cemn-:unications w1H ~e suF+;ec=. ,o ,~a..h!ic=disclosure unless an exemption applies io the communication. !f you recei<<eC this emair i.? error. please notify the sonde; by reply e.-mail and ceiete aI matenak from afi computers. ~a:e ti;~te Honda has t,e~, broad public rec..ras ia~,~s. ~vlost ~hritfen communications to or from County ~*!icia!s regarding county business are pr~r}~u; records a~•.iiable to the },ublie and media upon request. It is the po;icy of St_ Lucie Count~~ that aG County rtce-~s sha!I be c+~er fo~ persona; irapection, examination and r r ~ ^opyinp. Your e-mail communications ~~.=ill be subject to pu'oli;. disclosure unless an exemption appEias io t;i~ can,munication, if ;tou re~:.ei~~eQ this cmai': in error. pirase notif} the sender b}r reply e-mail and cefete aIi materials tram all computers. Print Form ST. LUCIE COUNTY GROWTH MANAGEMENT 2340 Virginia Avenuc, Ft. Picrcc, FL 34982 O1Ticc: 77?-462-2822 - Fay: 772-~6?-181 www.stl ucieco.eov/erowth DEVELOPMENT APPLICATION Prior to submittal, all applications require apre-application conference. Please contact the Growth Management Department to schedule an appointment. Submittal Tvae check each that appfiesl Site Plan ^ Major Site Plan ^ Minor Site Plan ^ Major Adjustment to Major Site Plan ^ Major Adjustment to Minor Site Plan ^ Major Adjustment to PUD/PNRD/PMUD ^ Minor Adjustment to Major Site Plan ^ Minor Adjustment to Minor Site Plan ^ Minor Adjustment to PUDlPNRD/PMUD Planned Development ^ Planned Town or Village (PTV) ^ Planned Country Subdivision (PCS) ^ Planned Retail Workplace (PRV1/) ^ Prelim. Planned Unit Develop. (PUD) ^ Prelim. Planned Mixed Use Develop. (PMUD) ^ Prelim. Planned Non-Res. Develop. (PNRD) ^ Final Planned Unit Develop. (PUD} ^ Final Planned Mixed Use Develop. (PMUD) ^ Final Planned Non-Res. Develop. (PNRD) Conditional Use' ^ Conditional Use ^ Major Adjustment to a Conditional Use ^ Minor Adjustment to a Conditional Use Variance 2 ^ Administrative Variance ^ Variance ^ Variance to Flood Damage Prevention ^ Variance to Coastal Setback Line Rezoning a ~ Rezoning (straight rezoning) ^ Rezoning (includes PUD/PNRD/PMUD) ~ Rezoning with Plan Amendment Comprehensive Plan Amendment a ^ Future Land Use Map Change ^ Comprehensive Plan Text Amendment Other ^ Administrative Relief ^ Class A Mobile Home s ^ Developer Agreement {submit per I_oc ~ 1.~8.os} ^ Power Generation Plants ^ Extension to Development Order ^ Historical Designation/Change t; ^ Land Development Code Text Amendment' ^ Plat ^ Post Development Order Change ^ Re-Submittal # e ^ Stewardships -Sending/Receiving ^ Telecom Tawer (Submit per LDC 7.10.23) ^ Transfer of Development Rights ^ Waiver to LDC/Comp. Plan Requirements e Application Sunr~lement Packages 1. Conditional Use 4. Comp. Plan Amendments 7. t.DC Text Amendment 2. Variance 5, Class A Mobile Home 8. Re-Submittal 3. Rezoning /Zoning Atlas Amend. 6. Historical DesignationlChange 9. Waiver to LDC/Comp. Flan Requirements Refer to Fee Schedule for applicable fees. All required materials must be included at the time of suhmittal along with the appropriate non- refundable fee{s). Page 1 of G Revised July 14, 2U09 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS -GROWTH MANAGEMENT Application Type: Rezoning Supplemental Application Package No.: 3 (Please provide separate fee calculation worksheet for each application type) ^ BASE REVIEW FEE: ^ CONCURRENCY FEE: ^ ERD REVIEW FEE: ^ PER ACREAGE CHARGE: ^ RESUBMITTAL FEE: (if applicable) ^ OTHER SUBTOTAL OF BASIC FEES: ~ N/A (A) $ NIA (B) $ NIA (~) $ N/A (D) $ N/A (E) ~ N/A ~ NIA PRE-APPL1CATlON MEETING FEE: (F) $( )deduction Receipt No. of Payment: Date of Pre App: BALANCE OF FEES DUE: $ SEPARATE CHECK FOR TRAFFIC IMPACT STUDY -Ordinance No. 06-047; amending Chapter 5.1'1.01 of the St. Lucie County Land Development Code ^ $950.00 -Methodology Meeting (G) (lf Applicable) • Additional fees will be due if a 3`d party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3'~ party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Growth Management. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies; ie. Fire District and proof of payment will be required prior to projec# approval. Pre-Ap ication Me/eti/ng Request Lu~r~ ~4c E L.~~ - 3y try S . Go~~ci~r2 i (/ Applicant Name (Printed) Signature of applicant INTAKE REVIEWER -SIGNATURE DATE VERIFIED BY -SIGNATURE DATE File Number: Receipt Number. _ (For office use only) Page 2 of 6 Revised July 14, 2009 Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must include the following: D Application, completed in black ink, with property owner signatures} and notary seal (1 original and 9 copies) L Aerial Photograph -property outlined {available from Property Appraiser's office fO Property Deed Legal description, in MS Word format, of subject property O Property Tax Map -property outlined (electronic copy not required) Survey ~ 2 CDs of all documents submitted -with files named according to the Required Naming List. {attached) D Concurrency Deferral Affidavit; or Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Developmen# Applications must also include: Site Plan 24"x36" at a scale of 1"=50' (10 copies- folded, not rolled) ^ Boundary Survey -Signed and Sealed (10 originals) ^ Topographic Survey -Signed and Sealed (10 originals) Landscape Plan -Signed and Sealed {10 originals) Traffic Impact Report (TIR) (4 copies) if: 0 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09{4}} Environmental Impact Report (4 copies} if: (See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC"; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; o Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: ^ Letter of justification -submitted at least 2 weeks prior to expiration. (LDC 11.02.06} Updated Traffic Analysis if applicable (4 copies) ~i Approved Resolution or GM Order *Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it will invalidate the results of any hearing(s). Page 3 of 6 Revised July 14, 2009 Project Information Project Name: St. Lucie Commerce Center West Rezone Site address: SE Corner of Laid Back Way (aka Emerson Avenue) and Sunnyland Drive (aka Access Road) Parcel (D Number(s): 2302-331-OOOi-004-7 _, ~--- ~~ya~ ~~~~~ rNuur ~. ~r~uacn aaainonat sneers tr necessary -also must be provided in MS Word format on CD) A parcel of land being a portion of the Sauthwestnne-quarter, of the Southwest one-quarter, of SeGion Z, Township 35 South, Range 39 East, St. Lucie Couth, Florida, less and except all rights of way of record, being more particularly described as follows: Description: Commence at the Southwest comer of said Section 2, Ihence North 89°50'20' East, a distance of 98.50 feet; thence North QO°12`39' East, a distance of 80.00 feet, to the intersection of the North right of way line, of the North St_ Lucie Water Management District Canal No. 44, (a 80.00 foot wide right of way) and the Easi right of way line of Emerson Avenue (a 50.00 foot wide right of way) and the Point of Beginning of the fallowing described parcel: Thence North 00°12'39" East, a distance of 1241.03 feet; thence North 89°50'57' East, a distance of 574.94 feet; thence South 00°04'25' West, a dis- tance of 1240.91 feet; thence Souih 89°50'20° West, a distance of 577.92 feet, to the Point of Beginning. Said Parcel containing 16.422 acres, more or less. Property location - SectionlTownship/Range: Property size -acres: 16.42 Square footage: 715,255.2 Future Land Use Designation: MXD -Orange Ayenuel1-95-Medium Intensity Zoning District: AG-1 (existing) (Agricultural -1 dulacre) Description of project: The proposed application is to rezone the remaining 16.4 acres of the overall 94 acre St.Lucie Commerce Center MXD Land Use parcel to Light Industrial to facilitate the development of a job producing industrial, business, and commerce park. ~HUaan aaaaionat sneers tt necessary) Type of construction (check all applicable boxes): Commercial © Industrial ^ Residential ~7 Other Total Square Footage: Existing Proposed:, Total Square Footage: Existing Proposed: No. of residential units: Existing Proposed: No. of subdivided lots: Existing Please specify: Proposed:, Number and size of out parcels (if applicable): Page 4 of t3 Revised July 14, 2009 SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request addi#ional information to ensure a complete review of this project. ACKNOWLEDGMENTS At~alicant Information iProgerty Deveioaer): Name: Luce Rc~ LLL Address:. 25o C~-f-,at~utp. fie. s~,rrE X02 rte, ~~s >=~ 3 3 13 ~ ~. Phone: 305- 1-~G t- 2~d Fax: ~S ~l - 23~ Email; ~arr~, C1ctc4van~iw~rr~w.c~-~+~ Agent Information: Name: __J-~et, a C~oz2o C~po~~ Address: Z~ 5.e, L ~}L•1.~Surj'~ 310 S7~r~T . FL 3'{~ ~{- Phone: 7~2 - 221-Z t ZU Fax: _ ~'IZ- 22f - 01 SS Email: I<nG~li ~hatcjesro,,.CpMI Please indicate one individual to receive all official correspondence on this project. Name: ~ 1~~7~(.I 'Phone: _~~2- ZZI- 212$ Address: _?~~tn 5.~. ~~17t~a(.r ~ sI11i~ 3!0 s~v~ >+~ ~ ~~~ use an address that can Alternate Phone: _??2-~F-85- ti'] 1 ~ Email Address: ~na~4-~I i r~_ ~ ~~ estar~. r~n~ Property Owner Jnformation This application and any application supplement will not be considered compete without the notarized signature ofi all roe owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. rope caner gnature ailing Address: ropetty Her ame n e Phone: ~~_~ - g~c~_ ~ 5 ~~ if more than one owner, please submit additional pages STATE OF ~~~f 1 C~ ~ COUNTY OF ~ G + ~C~ ,- The foregoing instrument was acknowledged before me this ~~day of I(~ , 20~_ by `t (~iCt~l~ ~ L ~"~(~~T~ 1(~~t~?( who is arson ~r Hawn to me or who has produced as identification. .~ gnature o tary ype or r nt ame a atary Commission Number Seal NOTP.RYPUALFC-STAIBOT~'IZORIDA ~ ~ .Crystal R. Mueller Page 5 of 8 -' ~`j,,` CGmmissioD #DD652377 Revised July 14, 2009 .~ " =' Lxpires: MAR. 19 2011 BONDED THRU AI'IAN'r1C S`v .DING CO., INC. Re uired Document Namin List 'All electronically submitted documents must be formatted and named according to the list below. If your submittal includes a document not on the list, the document name shall clearly reflect the content of the submitted document. Document Document Format Re uired Name on CD Aerial Photo rah PDF Aerial. df A lication PDF A lication. df A royal Order PDF A rovalOrder. df Architectural Elevations PDF ArchEiev. df Bounda / To o ra hic Surve PDF Bounda To o. df Draina e / Stormwater Plan PDF Draina ePln. df Easements PDF Easements. df Environmental im act Re ort PDF or Ward EIR. df or EIR.doc Existin Condition Plan PDF Existin Cond. df Flood Plain PDF or Word Flood. df or Flood. Doc Landsca a Plan PDF Landsca e. df Le al Descri tion Word Le al.doc Li htin Plan PDF Li htin df Miti anon Plan PDF Miti anon. df Mobile Home Plans PDF or Word MobileHome. df or MobileHome.doc Pavin Plan PDF Pavin df Permit External PDF Permit, df Plat PDF Plat. df or Plat.doc Pro ert Deed PDF Deed. df Site Plan PDF SitePlan. df Traffic [m act Re ort PDF or Word TIR. df or T1R.doc Tree Surve PDF Tree. df Turtle Protection PDF or Word Turtle. df or Turtte.doc Utiliit Plan PDF Utiliit , df Ve etation Removal A lication PDF Ve etation. df Page 6 of 6 Revised July 14, 2009 Supplement 3 Rezoning/Amendment to the Official Zoning Atlas Application Supplement Refer to St Lucie County Land Development Code (LDC} Section 11.06.00 for details Current Zoning: AG-1 Current Future Land Use: MXD Proposed Zoning: IL Acreage of the area to be rezoned: 16.42 1. If you are requesting an amendment to the Official Zoning Atlas of St. Lucie County, state whether the proposed amendment is in conflict with any portions of the LDC. Response: The request is not in conflict with the LDC. On October 18, 2004, the Board of County Commissioners, via Ordinance 04-031, amended the Future Land Use Map designation of the subject property from RS (Residential Suburban) to MXD -Orange Avenue/1-95 Activity Area {Medium Intensity). The proposed rezoning is being requested to make the zoning classification compatible and consistent with the adopted MXD -Orange Avenue/1-95 Activity Area future land use designation. According to Section 11.09.02 (A), Table 11-1 and Table 1-3 of the Future Land Use Data and Analysis, the proposed IL (Industrial, Light) zoning is permitted within the MXD future land use designation. In addition, this parcel is part of the overall St. Lucie Commerce Center site, the rest of which has been recently rezoned to IH and IL (in December 2007), with IL zoning being more appropriate for the Medium Intensity MXD designation area, as a transition to residential land uses to the west. 2. Please give a statement describing any changed conditions that would justify a rezoning: Response: As noted above the adjacent portion of the proposed Commerce Center (on the east boundary) has been recently rezoned to Industrial, consistent with its Future Land Use and this request is a logical extension of that Industrial zoning. To the south of the subject property is the St Lucie County Correctional Facility. The surrounding parcel to the north is IX zoning (Industrial, Extraction) with an active mining operation. The subject property is located within an area under transition from rural agricultural into a more urban environment. /n fact, within the vicinity of the subject property many of the surrounding properties are zoned for industrial, institutional, or commercial uses. 3. Please state why there is a need for the proposed rezoning: Response: The need for the proposed zoning is to complete the Industrial zoning for the entire St. Lucie Commerce Center site which was the subject of the original approved MXD Land Use Amendment that will enable the applicant to develop a 94 acre business park that could provide much needed jobs and tax base diversification for St. Lucie County in an appropriate location. In fact, this property is shown in the County's Proposed Plan for Strategic Economic Development for Targeted Industries as a recommended location for industrial development. This property was previously designated as a Future Phase on fhe original Commerce Center rezoning and site plan applications, and was the subject of the Lago Del Sol site plan application. Staff has indicated they believe that industrial development of this property is more appropriate. roiabz~3~z 4. Please state whether and how the proposed rezoning is consistent with the St. Lucie County Comprehensive Plan: Response: According to Table 1-3, of the St. Lucie County Comprehensive Plan, the IL (industrial Light) zoning designation is compatible with the MXD (Mixed Use) land use designation. The subject property is also located adjacent to and within the 1-95 interchange area, as well as adjacent to the St. Lucie County Correctional Facility, and as determined in the Land Use Amendment process, is suitable for industrial development. 5. Please give a statement outlining the extent to which the proposed amendment: A) Is compatible with existing land uses; Response: The subject property is adjacent to fhe St Lucie County Correctional Facility to the south, is bordered byroad right-of-way and a canal to the west, and a mining pit zoned IX (industrial, Extraction} to the north. Also as noted it is adjacent to the St. Lucie Commerce Center Light Industrial zoning to fhe east. The uses permitted within the IX (Industrial Extraction) zoning district are industrial in nature and we are of the opinion that it is compatible with the industrial uses permitted in the IL (Industrial Light) zoning district. The medium intensity MXD land use and Light industrial zoning are a lower intensity transition to currently vacant future residential land uses further to the west of the site, west of Emerson Avenue and NSLRWCD Cana! #41. At our last DRC meeting, County staff recommended that industrial use would be more compatible with surrounding uses than the proposed Lago Del Sol apartments. B) Affects the capacities of public facilities, including but not limited to transportation, sewage, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical service; Response: As part of the Comprehensive Plan amendment process, the County determined that there would be no impacts from the overall St. Lucie Commerce Center site with the increased intensity/density associated with the MXD (Mixed Use -Orange Avenue/I-95 Activity Area}. The established maximum thresholds of the St. Lucie Commerce Center are not increased by this parcels rezoning but are actually being reduced as no residential uses will be included. There are no negative public facilities impacts anticipated in this area. The public water and sewer services are available along Rock Road and are provided by FPUA (Fort Pierce Utilities Authority). The sife is also situated within the NSLWCD (North St. Lucie Water Control District) and as such is serviced by fhe District. The project is also within the Urban Service Area. C) Affects the natural environment; (If no adverse impacts expected, please state why.) Response: No negative impacts are anticipated as a result of the requested change in zoning. The subject property is currently a vacant citrus grove, with no native vegetation located on the site. F010G273v2 D) Will result in an orderly and logical development pattern; Response: The proposed rezoning will result in an orderly and logical development pattern. The Light Industrial designation is consistent with the step down intensity of the MXD Land Use designation with medium intensity uses transitioning from Heavy Industrial on the eastern end of the Commerce Center, toward residential future land uses west across the Emerson Ave. and Cana! R.O. W.'s. The site is entirely bordered on the south by the existing St. Lucie County Correctional Facility. As noted above, several sites in the immediate vicinity are zoned for IX (Industrial Extraction) uses. The subject area east of Emerson Avenue and north of Orange Avenue is currently in transition from arural/agricultural environment to a more intense urban environment This pattern is consistent with the trend in the area towards non-residential and industrial uses. Furthermore, this property is shown on the County's Proposed Plan for Strategic Economic Development for Targeted Industries as a recommended location for industrial development. E) Wiil adversely affect the property values in the area; Response: The proposed rezoning should not adversely affect property values in the area. The Sf. Lucie County Correctional Facility encompasses a large percentage of the adjacent properties and it will not be affected by this proposal. The northern property is the mining operation site, which is almost entirely lake and therefore would also not be adversely affected. A successful, well-planned business park should not detract from adjacent property values, and actually may increase values of current and future commercial and mixed-use parcels in the area by promoting a positive business environment. The potential to live in proximity to employment, conserving time and energy cost will also have a positive affect on prospective residents of the residential properties to the west of the project. 6. Please explain the applicant's interest in the subject property; Response: The applicant is the owner of the subject property, as well as the owner of the adjacent St. Lucie Commerce Center property. 7. Please include such other information or documentation that may be deemed necessary or appropriate to a full and proper consideration and disposition of this particular application. Response: As noted the proposed parcel is part of the overall 34 acre St. Lucie Commerce Center site. This 16.4-acre parcel was previously submitted for a Residential PUD - Lago De! Sol, but based on staff comments and discussions with all Commissioners it was determined to be better suited for Light Industrial use. The current St Lucie Commerce Center site plan is being modified and will be resubmitted to include this parcel with a vegetative buffer and retention lake along the western boundary to further transition the Industrial uses from future residential uses west of the Emerson Avenue and NSLRWCD Canal #41 R.O. W.'s. Also, no increased intensity is proposed with this rezoning so the maximum square footages of non-residential uses for the Commerce Park will not change, only the residential potential will be deleted. Updated F0106273v2 Future Land Use and Zoning maps are also included to depict the latest Land Use and Zoning changes in the area. Please Note: This Rezoning Application Supplement will not be considered complete without the Development Application, complete with notarized signatures of all landowners, giving their consent to the filing of this application and supplement. 1 11 ~t-i u E?N ~'- f~hTa L I . pplicant a , ge Name (Printed} Signature Page 1 of 2 Revised: June 79, 2008 Supplement 3 Page 2 of 2 Revised: June 19, 2008 P0106273v2 Existing Zoning Map .» ~`\ '>~b/~ ^ ~~ £ ~ / ..,~~ 9S _~ = Yr ~ AG_ ~ AG-1 ~..~.~-. Orange Rd. .- _~ _ Picos Prepared by: SITE .~~- Rd ~~ IL ~IL IH ~. AR-1 I RE-1 ~~ AG-1 ~- ~~.: F~- :t~~-f_ >.~-: r_ c ~r - ~ ~ _ < i ~~{ ` Y I VI a r :S ~' ?` ~ V, : .~ r .''~ k Y w .:~ ~r~_=-;: Legend ,~, ~4 ,~, ~. ~~, ~.5 ~-- ~: ^ ~-, ^ a ^ ~~ ~. ~ ~ ~ u ~ ~ Location Map E. ;_ Site - . - _~ Prepared by: ^ Proposed Zoning Map ^ ~' .e- ~` Picos Rd Prepared by: ~G,\ ~-b~~ AG-1 ~; !~ _~:. _ Orcnge Rd. -3 ~9S _ ~~ _ . .~~4 _ IL IL IL IH AR-1 I RE-1 SITE ~ j .~: - ~~; ~::. s4 t- Or ~ !!! _ ~ :_ - ~• . (k ~ ' ~~ ~ i ~ ,~, : ~~ r y ~~ Y ~,` ~- i f' . Legend ~, ~~ ~, ~., ~,.~, ~zs ^ ~-: ^ ~ ~. ~--, ~: ^ ^ f63 ^ Oi~ ~' ~6~ i ~ .._. a,..~ .. ~ ~ rare _~_ a ~s Property Appraiser Ma Saint Lucie County, Florida Property Appraiser's -Internet Mapping Print Service \_i ~ ~ a~~ 230233100010007 Lucie Rock lLC T8D -8000 Purchased: =166100 -Nov 14 2002 Prepared by: M Le ends +~ irtterstates 7'dl Roads --- Major Roads o~~p Subdivision Condo ® 20; AGr@S i~ c~.;::.. Q Parcels ImprYC! Sales ~'W Land Sales Map Gompited On: Il~l2ptU 3:35:13 PM 3etl'Furst CFA Pro ,~ A raiser 3.01.01 ST. LUCIE COUNTY LAND DEVELOPMENT CODE B. Conditional Uses. No structure or land shall be constructed, built, remodeled, recon- structed, used, or occupied as a conditional use under this Code except as approved under the procedures and requirements of Section 11.07.00, and the standards of Section 11.07.03. C. Accessory Uses and Structures. Accessory structures and uses are permitted in any zoning district in connection with any principal lawfully existing permitted use within such district, or in connection with any existing conditional use within such district, subject to the requirements of Section 11.07.00, provided that all accessory structures or uses shall meet the requirements for the zoning district in which the structure or use is located, as provided in Section 3.01.01, and all other requirements of this section. D. Transportation and Utility Rights-of--Way. Transportation and utility rights-of--way and the linear portion of transportation facilities, e.g., pipes, poles lines, wires, cables, conduits, pavement rails, drainage and other similar equipment and accessories in connection herewith, shall be permitted in all zoning districts and shall comply, as applicable, with the resource protection and development standards for vegetation protection, protection of environmentally sensitive lands, protection of habitat for endangered and threatened species, flood damage prevention and stormwater management. Prior to any local certification of consistency for those utility rights-of--way subject to review and approval under F.S. Ch. 403, Part. II, a conditional use review, in accordance with the provisions of Section 11.07.03, shall be required. 3.01.02. Administrative Use Regulations for Permitted and Conditional Uses. A. For the purposes of clarifying and detailing the intent and purpose of the uses of the Zoning Districts in F.S. §§ 3.01.03(A) through 3.01.03(HH), the Growth Management Director shall utilize the Standard Industrial Classification (SIC) Manual (1987 ed.), prepared by the Executive Office of the President, Office of Management and Budget. B. Whenever a use is not specifically listed in Sections 3.01.03(A) through 3.01.03(HH) the Growth Management Director shall make a determination as to whether the proposed use is of the same general type as identified in the Standard Industrial Classification Manual (1987 ed.), prepared by the Executive Office of the President, Office of Management and Budget. However, this Section does not authorize including a use in a zoning district in which such use is not listed when such use is specifically listed in another zoning district. 3.01.03. Zoning Districts. A. AG-1 AGRICULTURAL - 1. Purpose. The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one (1) dwelling unit per gross acre. The St. Lucie County Land Development Code 3:4 Adopted May 19, 2009 ZONING DISTRICTS 3.01.03 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. Agricultural production -crops. (O1) b. Agricultural production -livestock and animal specialties. (02) c. Agricultural services. (07) d. Family day care homes. (999) e. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) 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) £ Fishing, hunting and trapping. (09 g. Forestry. (08) h. Kennels. (0752) i. Research Facilities, Non-commercial. (8733) j. Riding stables. (7999) k. 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 and Loading Requirements. Off-street parking and loading require- ments are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses. a. Agricultural labor housing. (999) b. Aircraft storage and equipment maintenance. (4581) c. Airports and flying, landing, and takeoff fields. (4581) d. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) e. Farm products warehousing and storage. (4221/4222) f. Gasoline service stations. (5541) g. Industrial wastewater disposal. (999) St. Lucie County Land Development Code 3:5 Adopted May 19, 2009 3.01.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE h. Manufacturing: (1) Agricultural chemicals. (287) (2) Food and kindred products. (20) (3) Lumber and wood products, except furniture. (24) i. Mining and quarrying of nonmetallic minerals, except fuels. (14) j. Retail trade: (1) Farm equipment and related accessories. (999) (2) Apparel and accessory stores. (56) k. Sewage disposal subject to the requirements of Section 7.10.13. (999) 1. Telecommunication Towers -subject to the standards of Section 7.10.23. (999) m. Camps -sporting and recreational. (7032) 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Mobile homes subject to the requirements of Section 7.10.05. b. Retail trade and wholesale trade -subordinate to the primary authorized use or activity. c. Guest house subject to the requirements of Section 7.10.04. (999) B. AG-2.5 AGRIC ULT URAL - 2.5. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one (1) dwelling unit per two and one-half (2.5) gross acres. 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. Agricultural production -crops. (O1) b. Agricultural production -livestock and animal specialties. (02) c. Agricultural services. (07) d. Family day care homes. (999) e. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) 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) St. Lucie County Land Development Code 3:6 Adopted May 19, 2009 ZONING DISTRICTS 3.01.03 c. Disinfecting and pest control services. (7342) d. Amusement parks. (7996) e. Go-cart tracks. (7999) f. Hotels and motels. (701) g. Household goods warehousing and storage-mini-warehouses. (999) h. Marina -recreational boats only. (4493) i. Motor vehicle repair services -body repair. (753) j. Sporting and recreational camps. (7032) k. Retail trade: (1) Liquor stores. (592) 1. Stadiums, arenas, and race tracks. (794) m. Telecommunication towers -subject to the standards of Section 7.10.23. (999) 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Drinking places (alcoholic beverages as an accessory use to a restaurant and/or civic, social, and fraternal organizations). b. One (1) single-family dwelling unit contained within the commercial building, or a detached single-family dwelling or mobile home, (for on-site security purposes). c. Retail trade: (1) Undistilled alcoholic beverages (accessory to retail sale of food). T IL INDUSTRIAL, LIGHT. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for light manufacturing, wholesale, and warehousing activities that do not impose undesirable noise, vibration, odor, dust, or other offensive effects on the surrounding are, together with such other uses as may be necessary to and compatible with light industrial 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 defimed in Section 2.00.00 of this Code. 2. Permitted Uses: a. Business services. (73) b. Communications -including telecommunication towers -subject to the standards of Section 7.10.23. (48) c. Construction services: (1) Building construction -general contractors. (15) (2) Other construction -general contractors. (16) St. Lucie County Land Development Code 3:27 Adopted May 19, 2009 3.01.03 ST LUCIE COUNTY LAND DEVELOPMENT CODE (3) Construction -special trade contractors. (17) d. Engineering, architectural and surveying services. (871) e. Commercial fishing. (091) f. Laundry, cleaning and garment services. (721) g. Local and suburban transit. (41) h. Manufacturing: (1) Food and kindred products. (20) (2) Tobacco products. (21) (3) Textile mill products. 1,22) (4) Apparel and other finished products. (23) (5) Furniture and fixtures. (25) (6) Printing, publishing and allied industries. (27) (7) Drugs. (283) (8) Leather and leather products. (31) (9) Glass: (a) Flat glass. (321) (b) Glass and glassware -pressed or blown. (322) (c) Glass products -made of purchased glass. (323) (10) Fabricated metal prod. -except machinery and transport. equip.: (a) Metal cans and shipping containers. (341) (b) Cutlery, handtools and general hardware. (342) (c) Heating equipment, except electric and warm air, and plumbing fixtures. (343) (d) Fabricated structural metal products. (344) (e) Coating, engraving and allied services. (347) (f) Miscellaneous fabricated metal products: (1) Wire products. (3495) (2) Misc. fabricated wire products. (3496) (3) Metal foil and leaf. (3497) (4) Fabricated metal products -NEC. (3499) (11) IndustriaUcommercial machinery and computer equipment: (a) Metalworking machinery and equipment. (354) (b) Special industry machinery, except metalworking machinery. (355) (c) General industrial machinery and equipment. (356) (d) Computers and office equipment. (357) St. Lucie County Land Development Code 3;28 Adopted May 19, 2009 ZONING DISTRICTS 3.01.03 (12) Electronic and other electrical equipment and components, except computer equipment: (a) Household appliances. (363) (,b) Electric lighting and wiring equipment. (364) (c) Household audio and video equipment. (365) (d) Communications equipment. (366) (e) Electronic components and accessories. (367) (f) Misc. electrical machinery equipment and supplies. (369) (13) Measuring, analyzing and controlling instruments. (38) (14) Phot ographic, medical and optical goods. (38) (15) Watches and clocks. (38) (16) Misc . manufacturing industries: (a) Jewelry, silverware, and platedware. (391) (b) Musical instruments and parts. (393) (c) Dolls, toys, games and sporting goods. (394) (d) Pens, pencils, and other office and artists' materials. (395) (e) Costume jewelry, costume novelties, and notions. (396) (f) Brooms and brushes. (3991) (g) Signs and advertising displays. (3993) (h) Morticians goods. (3995) (i) Manufacturing industries, NEC. (3999) (17) Plastic products -fabrication, molding, cutting, extrusion, and injection processing. (308) i. Marinas. (4493) j. Millwork and structural wood members. (243) k. Motion pictures. (78) 1. Motor freight transportation and warehousing. (42) m. Repair services: (1) Automotive and automotive parking. (75) (2) Electrical. (762) (3) Watch, clock and jewelry repair. (763) (,4) Reupholstery and furniture repair. (764) (5) Misc. repairs and services. (769) n. Retail trade: (1) Lumber and other building materials. (521) (2) Paint, glass and wallpaper. (523) St. Lucie County Land Development Code 3.29 Adopted May 19, .2009 3.01.03 ST LUCIE COUNTY LAND DEVELOPMENT CODE (3) Hardware. (525) (4) Nurseries, lawn and garden supplies. (526) (5) Mobile home dealers. (527) (6) Automotive/boat/RV/motorcycle dealers. (55) (7) Gasoline service. (55) (8) Furniture and furnishings. (57) o. Research, development, and testing services. (873) p. Ship, boat building and repairing -less than forty-five (45) ft. (373) q. Sorting, grading and packaging services -citrus/vegetables. (0723) r. Vocational Sehools. (824) s. Wholesale trade -durable goods: (1) Motor vehicle and automotive equipment. (5011 (2) Furniture and home furnishings.(502) (3) Lumber and other building materials. (503) (4) Professional and commercial equipment/supplies. (504) (5) Metals and minerals except petroleum. (505) (6) Electrical goods. (506) (7) Hardware, plumbing and heating equipment, and supplies. (507) (8) Machinery, equipment, and supplies. (508) (9) Misc. durable goods: (a) Sporting and recreational goods. (5091) (b) Toys and hobby goods. (5092) (c) Jewelry, watches, precious stones and metals. (5094) (d) Durable goods NEC. (5099) t. Wholesale trade -nondurable goods: (1) Paper and paper products. (511) (2) Drugs. (512) (3) Dry goods and apparel. (513) (4) Groceries and related products. (514) (5) Farm products -raw materials. (515) (6) Chemicals, and allied products. (516) (7) Beer, wine, and distilled alcoholic beverages. (518) (8) Misc. nondurable goods: (a) Farm supplies. (5191) (,b) Books, periodicals and newspapers. (5192) St. Lucie County Land Development Code 3:30 Adopted May_19,-2009 ZONING DISTRICTS 3.01.03 (c) Flowers, nursery stock and florists' supplies. (5193) (d) Tobacco/tobacco products. (5194) (e) Paints, varnishes and supplies. (5198) (f) Nondurable goods, NEC. (5199) u. Mobile food vendors. (999) v. Single family detached dwelling units provided that the single family dwelling unit is located on an existing lot or parcel or record, as further defined in this Code, that was existing on or before August 1, 1990. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Offstreet Parking and Loading Requirements. Offstreet parking and loading require- ments are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses: a. Airports, landing and takeoff fields -general aviation. (4581) b. Manufacturing: (1) Cut stone and stone products. (328) (2) Motorcycles, bicycles, and parts. (375) (3) Wood containers, wood buildings and mobile homes. (244/245) c. Ship, boat building and repairing (excluding ship or boat salvaging) -forty-five (45) to one hundred fifty (150) ft. (373) d. Wholesale: (1) Petroleum bulk stations and terminals. e. Scrap and waste materials -subject to the provisions of Section 7.10.12.A. 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. Co-generation facilities. (999) b. Fueling facilities. (999) c. Industrial wastewater disposal. (999) d. One detached single-family dwelling or mobile home for on-site security purposes per property. (999) e. Retail trade accessory to the primary manufacturing or wholesaling use. (999) St. Lucie County Land Development Code 3:31 Adopted May 19, 2009 AFFIDAVIT COMPLIANCE WITH POSTING OF NOTICE REDUIREMENTS STATE OF ~ I o r' i ~- ~ ) COUNTY OF S Lu ~-i e. ) _ ~ v vI ~- u O Z Z O ,being first duly sworn deposes and states: 1. I am the owner or the agent for Lu~~ ~ Pwa~ PLC (insert owner's name) for the following petition: Rz i 2 01 X 4 0 3 5 (insert petition number). 2. I hereby certify that I have complied with the notice requirements set forth in Section 11.00.03.E of the St. Lucie County Land Development Code for the ~r~~ 1,Q a in /z o ~ ~ D (insert date) public hearing to be conducted by the t'iahv-Iv~ ~-Zon~hg LorewuCle~ r 6GL {insert entity name} On the above-referenced 9 petition. The required sign was printed and posted to the specfications listed on the Sign Content and Sign Requirements forms provided by St Lucie County Planning Division on 5-~ (date). The following required documentation is attached: A. Dated Photo {Close up) B. Dated Photo (Distant) ~ w) Further affiant sayeth not. COUNTY OF The foregoing instrument was acknowledged before me .this a.`~ day of `tea 20oL, by ~1' ~.~' Said person (Check one) / is personalty known #o me, produced a driver's license (issued by a state of the United States within the last five (5) years as identificatlan, or produced other identification, to wit NOTARY PUBLIC-STATE OF FLORIDA •'"""'•- Sarah Baker ~~~ ~` Co~nmissioa T DD567287 i Public, State of -.,,,, ,,,.~ Fa~pires: SEP. 18, ZO10 Typed or Printed Name of Notary too;;DAD rti U ATL4~71C DONDIyG CD., vvc, Commission No.: y-Gomm fission-expires: ~o~ os-aa (Name of Affiant) ~ r ~. ~! .. ~ __ ,Y 'a .,~. ~, ! ,i° y ~.~, ,> "~ #~ ~~ ~ .~ ~y.~. ..~ S f '1v~:. ,~ ~-r ~ ~ " _: ~ ~ .. 0., ,+/ /, -~" .~ a~ r f FI ~ •~ f. _ ~:.5:,~:>f. ~::-~. ~~ 1. S ~ ~:~.^e'e:::. :~ ^ , .,,.e - \,a - - r'. 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N N N N N N N .--1 rt Q Q John Doe 2300 Virginia Avenue Fort Pierce, FL 34982 Public Hearing Date: June 17, 2010 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue Ft Pierce, Florida 34982 Time: 6:00 PM Applicant Lucie Rock, LLC Property Location Approximately 1/2 mile north of Orange Avenue, on the south- east corner of the FDOT Access Road and the Laidback Way rights-of-way. Zoning AG-1 (Agricultural-1 du/acre) Future Land Use MXD (Mixed Use Development) a ', N ° ' St Lucie Blvd L a ~\ ~ ;. ~ Subject Ar°perry ~ / m .... '~~ __- 9 ~O% P ¢ Otan a Ave T a ~ P _ N Y d OXeeGho~e~ ~, ;_Edwards R_d_ PUBLIC HEARING NOTICE Lucie Rock, LLC RZ 120104035 RZ-120104035 zoi n9 L ucie Rock. LLC i2My_5 AG~1 RS-2 - - PUD ° AG-1 ' ~ -- _ -r~_PUD egs I x i /NT , _~_ - -_ ~. ~ .~ Tgre~y I - - ~ AG-1 IH ~ ' i i r ea rt ~ E j i AG-1 IL ~ IH I I Ix e ~ , -- -- E ---- ---~- - ~ COL'B~PJRMRFr ~ :. PUD I J ~LL:,1 JE 1..-. i I .. S: , s 1 ~ ' Y '' SOS- ~~ ~ i PUD ° • _ Y H ~ ~ ~ , R y ` I r I i~. ~ r _: w~ na 1. r ~~ Subject property wR w u ~ni R ~ae ,ne i ~ o-ai e.? s i av!ec GuD p a ~ -~ o ~ - F N . 1- tro Po ,. : ~a p. a R41h Resi Mu0 E HOB. ~ '• -. ` \ n°Mcaeon area iH 0 sl Neer' - ~ 500 tt Ra - eai]e ( 5 gle Fam'. i., 1 n~.e:~ _ ""- . - - ~ 1'. e 1 L~c~l Nap prep 3 .~?0 N Public Hearing Description Petition of Lucie Rock, LLC for a Change in Zoning from the AG-1 (Agricultural-1 du/acre) Zoning Dis- trict to the IL (Industrial, Light) Zoning District. Staff Recommendation Forward to the Board of County Com- missioners with a recommendation for Board adoption of Resolution No. 10- 103 granting approval. The St. Lucie County Planning and Zoning Commission has the power to review and recommend to the St. Lucie County Board of County Commissioners, for approval or disapproval, any applications within their area of responsibility. All interested persons will be given an op- portunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Planning and Zoning Commission should be received by the Planning and Development Services Department - Plan- ning Division at least 3 days prior to the scheduled hearing. Further details are available in the Planning Division-please contact: Staff Diana Waite, AICP Tel. 772-462-1577 Email waited@stlucieco.org Mail 2300 Virginia Avenue Fort Pierce, Florida 34982 Legal Description: A parcel of land being a portion of the Southwest one-quarter, of the Southwest one-quarter, of Section 2, Township 35 South, Range 39 East, St. Lucie Couth, Florida, less and except all rights of way of record, being more particularly described as fol- lows: Commence at the Southwest corner of said Section 2, thence North 89°50'20" East, a distance of 98.50 feet; thence North 00° 12'39" East, a distance of 80.00 feet, to the intersection of the North right of way line, of the North St. Lucie Water Manage- ment District Canal No. 44, (a 80.00 foot wide right of way) and the East right of way line of Emerson Avenue (a 50.00 foot wide right of way) and the Point of Beginning of the following described parcel: Thence North 00°12'39" East, a distance of 1241.03 feet; thence North 89°50'57" East, a distance of 574.94 feet; thence South 00°04'25" West, a distance of 1240.91 feet; thence South 89°50'20" West, a distance of 577.92 feet, to the Point of Beginning. Said Parcel containing 16.422 acres, more or less. W Z Q cW L C w 3 Z Z ca °' G ~ = J y 0 m ~ 10 a J O co to J ej N C N_ N ~ ~ ~ C ~ ~a.~ N Z ~ o .a C N w. U ~ ~ U t4 U Q to ~ N t`7 O M qr ~ K N N m N E ~C Z ~ C 0 7 ` Z ~ 4i _O -~ to N p Q C ~ U c w_ m ^ Q m i~ ,.~ r a iwe4 ~ O ro ~, ~;,; N A ~ ` .. '~' '~ p " r '+-' t0 ~ C ~ O d ^ ~ m :.J Ie 4 /1\ ~ W N ~~ ~ y ~ C Q O ti U a N a M ~ ~ C/! ~ O p ~~v+ ~ v ~ n tiE N ~ ~~ r y ~ ~ ~ ~ ~y I~~ ~ W a-L FI ~ H Obituar FORT PIERCE orange groves in Florida. ~I~i18Ti1 Zeed"1, Survivors include 7~` his wife, Mary Hays William Zeedyk, 96, died Zeedyk of Vero Beach; MaY31, 2010, at Royal Palm stepdaughter, Patricia Skilled Nursing in Vero Hays of Fort Pierce; and Beach. stepson, Philip Hays of He was a resident of ~ankakee,Ill. r. the Treasure He was preceded in i Coast for 54 death by his sisters, Violet years, com~ HoHrnan and Myrtle Hock; ~] ing from Pat and brothers, Everett and arson. N.J. Russell7eedYk. Before SERVICES: Funeral retirement, services will be private. he was a Arrangements are by quality controller (or Aycock Funeral Home, Corns Wright AiraaR in Fort Pierce. A guest Woodbridge, N.J book may be signed a[ He was an owner of aycock-hillcrestmm. Snyder: Support grows '~ for immigration law BY JIM TURNER transport them. jim twner~alscnppe-coin Snyder would prefer a STUART -State Rep. bill that is focused on law William Snyder, Rstuart, enforcement rather Utah says a-mails and cells to his the human smuggling legislative office has been aspects of Arizona's law. "strongly to overwhelm- And he wouldn't want ingly" in support of his Florida to requim officers proposal for Florida to mfr to ask people for identifin- ror certainaspects of neat Lion without muse, nor for toversial irmnigmuat law the state to focus on any enacted earlier Utis year in single group Arizona. "We have ConsUmliorral They're sayittgwha[the rights in Uds mun[ry [hat average ]awahidingAmeri~ we must be careful not [o ran says, we'm a naton of trample on," Stryder said law, no other developed Bobby Rodriguez, Chief nation would allow some Executive Otricer of the thing like Utis [o occur," Iatin Chamber of Com- said Snyder, who rlta¢s the rrtenzd'the'IteasureCmsC House Criminal and Civll said members ate split how Justice Committee. the Arizona enforcement is An unscientific poll on [o be enacted, but added TCPalm.com showed a9 there is a general concern percent of the more Utah Utat the law appears [o be 1,300 respondents backed focused primarlly on the Snyder A similar Bunsen- Mexican mmmuniry tinelonlinepoll attracted g3 "I think it's unfair that percent support they're focusing on [hat But not everyone has community I think that been supportive.Apoll inn- has racial overtones and ducted by Naplesnews.mm they should be looking at had ¢ percent of Ute mote illegal immigration as a than 6,000 rotes opposed to whole," said Rodriguez, Florida enacting an immi- who added Unat he backs gra[ion bill similar to the efforts to halt and deport one in Arizona. illegal immigrants Also, blogger and South "Ifeel ihateveryhody that Florida politkalmmmenm~ is illegal in this country for Joy-AnnReidlistedSny- should definitely go bark [o der as her No. 1"(jerks) of their country and do it the the week"forhismmments rdgh[way,''he said last week. Martin Sweet, assistant "If Ute rep has his way, professor of political sci- our already overworked ante at Florida AUantc cops will have little time UnivetsiTy'sHonors College to do anything other titan in Jupiter, isn't sate the bill play ICE agents an the side, will have as much traction harassing brown tourists in Fla'idaas in Ari2nna due and business [revelers all to its potential impact on day long;'Reidwmte lobar kocal enforcement duties. Reid Report 'Theface of illegalimmi- The Arizona law, signed graton in Florida is differ- th April, makes it a state entthan inAriwrta sod we crone to he in the United have not been plagued with Stale without proper docu [he violent crime that has mentation anddirects kxal sueptover Arizona;'Sweet police [o detain or arrest said. "It's a sound bite for individuals they suspect of the stump -and almost being illegal immigrants. everyone Ls against illegal Civll-right groups have immigatan, bu[mostfo]ks fdedlawsuits and te]]shave want our total pohre force been made for economic to concentrate on issues boycotts of the state. that imperIl our safety - ThebIDaLsotargetsUtose not [o serve as puppets for who bite illegal inmtg-ant an inmherentfederalinuni- laborers or knowingly gretlon bureaucracy" Congressional delegation at odds over federal stimulus job creation BY JIM TURNER .LYIti~'-.r- Meanwhile Jim Horn, do that by lowering taxes iim.mrnertascriDD=.com ^m"""""m'^"'""'~"" aPalm City businessman, on businesses and injecting With the 5787 billion fed- Rted Ne CendOllaK said that m slaw company costly new regulations Unat anal stimulus effort more mmletlt to aJeslata. outsotucingmToreigt man- put American businesses than a year old, the two tries, he would impose a 30 at a disadvantage to foreign House Republicans who perren[ [ax on the money mmpeUtors." represent the Treasure Congress, Hastings boasts that goes overseas. Also, He woWd also want the Coast say the government of having requested fed- the nation should offer nation to keep NASA's has done little to noth- anal funding for almost 2oD long-term investment tax manned Oight program ing to create new jobs for local projects, from water credit. operational by Dosing the Americans. treatment plants [o law "Long-term planning is downtimebetween the end Democrats' efforts enforcement facilities to what our world compe[i- of the Shuttle ptog[am and through the stimulus, street repairs and school tors are doing, where our star[ of the Constellation along with the Cap and mnstvction. politicians vote to their program. Trade National Fnergy Tax Meanwhile, Rooney is short-term campaign con- His Democrat cha]- and health care reform, pushing the Economic Free tributors' best interest," lenger Shannon Roberts, a have been job killers, dour Act that would eluni~ Horn said. Cape Canaveral city com- said U. S. Aep. Bill Posey Hate the capital gains [ax "Foreign countries missione; also a staunch R~Rockledge, whose dis- and inheritance tax, repeal laugh at how fmlish our backer of NASA, wants to trill includes Indian River the stimulus, cut payroll politicians are and how hear first from those busi- County taxes andreduce thefederel [hey have given their nesses, entepreneurs, and U.S. Rep. Tam Rooney, mrpora[e income tax rate own nation's best inter professional and nonprofit R-Tequesta, added that -which currently ranges est away for campaign organizations. "we can't tax, borrow or from 15 percent to 35 per- mntnbutlons." Conditonsforjob gowth spend our way out (ol) [his cent- to 12.5 percent. Posey like Rooney, favors should be created, as well as recession." "The federal government eliminating the inheritanre specific job opportunities The region's lone Demo needs to get off the backs tax and cuts to the capital provided, in sorb areas as: ¢at in the House, U.S. Rep and out of the wallets of gains tax rate, paymlltaxes, aerospace, aviation, agri- P,lcee Hastings, I}Mitamar, small business owners, so taxes on dividends and the culture, defense, education, disagreed, sayingthatat the they can grow and create corporate fax rate. energX entenairuneat,erni- I list, Ne stimulus has saved jobs;' Rmney said. "We need to restore an moment, health rate, home essential teaching, law The two Democrats hop- environment where bust- ]and security, msearch and ~. enfortementandfire-rescue ing to unsea[ROOney in the nesses are encouraged to development, new tedmolo ~', jobs, as have small business 16th Congressional District expand, retool, andhire new gies, tourism, andtranspor- 'i tax relief programs, the say the government should wortcers," Posey said. "We ration," she. said. expansion of the first-time be ettmutaging small busi~ homebuyer tax credit, and nesses to grow Utmugh taz , . c ,, s c • ~ N c I i Cash for Clunkers. credits and breaks. "Amidst the noise of the Ed Tautiva, a civics Thank you grumbling media machine, teacher from Greenacres, you don't oRen hear about would call for a summit to Fo r yo u r s u p p o rt. ~, Congress' positive efforts rebuild the manufacturing ''~ in job creation and eco- base of the United Sia[es, (7721403-4506 1101 SE moan Street Snrart I nomic development," said would end tax breaks for 'TREASURE COAST ~ Hastings, whose district companies that send jobs ~-__.._- ~ indudes portions of Martin overseas, and says that t[ 0 5 F) c E and St. Lucie mun[ies. any future deal soar as the Eitherway Hastingsjoins North American Free Trade Discover Tile Dl~ereOCe... ~ Posey and Rooney -along Agreement should only be '.. with [heir congressional approved if each country AaronsHearingCare.Com I challengers - in saying has equal standards for the gowrnment nn do bet employment The MIf. AeeOlNallat I ter And they know how it "I willchallenge anytmde f~ne~ NOaMef AN O/Nee! should lte done. deal that does not include En hrt ft. Eaeelet As House Republican language that supports fairft Iii leaders recen[lY enacted a wages, workers' rights and zs. yin d..perrmo• t ng twNng ad:. '~ ban on all earmarks for the environmental standards," p ~ ~ ~' p O O remainder of the current T2u[iva said. O v Anon H riamn.Aun D«,ordAUmae 1349A NW St. Lucie West Blvd. fTIMUWf JOf CREATION EeonornYb.NFe LsenaetlmNAlt tl~s Impact of tM atlmrtkrs an Jobs by cornparilg tYlo rwmtisrs: elmlterplgnwrtuaWMea and an eetYFlate of YrlnE tAOas aaploymenR nunbara would MYe IDOkad @a NdUtree bean rottalmlEhts. m a spat r+latasd on Jan. T3. fem. the praaltad :-olab~ IYYrEC here's k (bw Pst-ntEe1 ana 2.d rrtlion •FIST,IDbel hepht i251Mibn jobs sallea tr ateatetl. • Maanaouwhllt AdtAeas: 7 D6 mlf Gn jDbs sexed a orated. •MODI~seoxlmy.obm: 7.58 nlfonjobs saeetl a'r7eeted. A Guupla ot'caYwL: Th®eeetlrieles alE Ig9eea m eclximic models tiatvery sorrievJlal fiom studytastWy antl not eYelyAE bays tlleNee talA'SpDeable m meavxe Ilow the ECDrlpry tApld t18Ye fated' In 1tle ebBL71CY 018 95neie. Aazx'OIrIg b a tleipreperetl by the YltYfe Horse, these had been ptteNvejdb gmwRl e7 txlyae ttlarM dUt1+A lhatpeTioO - Novaitber 2(p8. %dlrimci ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA June 17, 2010 NOTICE OF PROPOSED ZONING DISTRICT CHANGE rlre R rJrcY wunty Pannnrp .ne Z•ane CammY•an a •cn.auaa b a. •ne nro rs••.Il.ne.lan..q.aag an 2dlmMng teen PF V brna q 2n..oYlrymar •eopnan Irvine eowa ea•nw eae•nmarr.n m n Luel• Lan^ir, Fbra•, M Y•plullon. RFSauiwN Na. io-ias A RESDLUnox a rrlE eagD of muNTV IxnarlssroNFgs of ST ILCIE COUNTY fAANTING A CNAMGE NI ZOMMG FRDY ME AG-1 (AGNCIIITUML - 1 DWACI[11 ZOMNJG DaTRIR TO TIE A IINDU5IR4L, 11G1In ZOMMG DaIAICf FOP A IMRCEL LEN;IITFD IN ST LUpE mUNIY, FLOgIM. 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Land Use & Zoning RU (Residential Urban 5du/ac) RS-3 (Residential, Single Family-3du/ac) Staff Recommendation Board adoption of Resolution No. 10-031 granting approval, as outlined in the Agenda memorandum. Previous Action On June 17, 2010 Planning & Zoning voted 8-0 to recom- mend approval to the BOCC. Project Staff Kristin Tetsworth Senior Planner 772-462-6455 Email: tetsworthk@stlucieco.org Juan Venegas Rezoning AGENDA ITEM No. VII-K Location: West side of Dame Road, Approximately 1/4 mile North of Edwards Road. Project Description Recommended Board Action This petition from Juan Venegas for a change Board adoption of Resolution No. 10-031 in zoning from the RS-3 (Residential, Single granting approval of a rezoning request Family-3du/ac) to the AR-1 (Agricultural, from RS-3 to AR-1 as outlined as outlined Residential) Zoning for 2 acres of land is nec- in the Agenda memorandum. essary to accommodate the proposed single family home and housing for 2 horses. Background The Code Compliance Division cited the peti- tioner in 2009 for operating a business from the property and keeping a horse in the RS-3 Zoning District. He was also cited for having an accessory structure (horse barn) without a primary structure. He has since removed the commercial vehicle from his property. On June 17, 2010, the Planning & Zoning Commission voted unanimously to forward the petition to the BOCC with a recommendation for approval. Subsequent to this rezoning, the owner, must apply for a building permit to con- struct ahouse and move the horse barn 100 feet from each property line to comply with the requirements of the AR-1 Zoning District. Planning and Development -~ _ - ~ Services Department i • MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Director Kara Wood, Planning Manager ~J FROM: Kristin Tetsworth, Senior Planne~ DATE: July 20, 2010 ''JJ SUBJECT: Rezoning Request- Juan Venegas. ITEM NO. VII-K Background: Juan Venegas has petitioned St. Lucie County for an Amendment to the Official Zoning Atlas to change the zoning from the RS-3 (Residential, Single family - 3 du/acre) Zoning District to the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District The Code Compliance Division cited the petitioner on February 16, 2009, (Case #61648) for operating a business from the property, parking commercial vehicles on the property and keeping two horses in the RS-3 (Residential, Single family - 3 du/ acre) Zoning District where these are not allowed. Mr. Venegas was also cited for having an accessory structure (horse barn) without a primary residential structure. He has since removed the commercial vehicle from his property. Subsequent to the re-zoning, the owner must apply for a building permit to construct a house and move the horse barn 100 feet from each property line to comply with the requirements of the AR-1 Zoning District. Staff has determined that the change in zoning is consistent with the existing uses of property in the area. The current development trend throughout the area is residential single family homes on lots that exceed the minimum size provided for in the zoning designation. The requested AR-1 classification will more closely reflect the character and nature of the neighborhood as it has been developed over time. Changing the zoning from the RS-3 to a lower density will not have any perceived negative effect on the surrounding properties based on the current development pattern of single family homes on parcels of differing sizes. This request is consistent with the existing pattern of development in this vicinity and will result in an orderly and logical development pattern. Previous Action: This petition was presented to the Planning & Zoning Commission on May 20, 2010. The item was continued to June 17, 2010 to allow additional time for staff to meet with the applicant to ensure that the requirements to satisfy the standards of the requested zoning district were clear to the applicant. Rezoning Request- Juan Venegas July 20, 2010 Page 2 There were no comments from the public in objection to the requested action. The Planning Division has not received any phone calls, emails or letters in opposition to the request. The applicant submitted a petition of signatures from the neighborhood expressing support to allow Mr. Venegas to keep his horses on the property. The Planning 8~ Zoning Commission voted unanimously to forward this petition to the Board of County Commissioners with a recommendation for approval and to adopt Draft Resolution 10- 031 granting the Amendment to the Official Zoning Atlas to change the zoning from the RS-3 Zoning District to the AR-1 Zoning District. Recommendation: Board adoption of Resolution No.10-031 granting approval of a rezoning request from RS-3 to AR-1 as outlined in this agenda memorandum. C ta C1 NT Y !: [. O R I D A Environmental Resources Department Companion Report TO: Board of County Commissioners THROUGH: Karen Smith, Environmental Resources Department Director FROM: Yvette Alger, Senior Environmental Planner DATE: July 7, 2010 SUBJECT: Petition of Juan Venegas for an amendment to the Official Zoning Atlas to change the zoning from the RS-3 (Residential, Single family - 3 du/acre) Zoning District to the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District. Background The Planning & Development Services Department requested Environmental Resources Department (ERD) input on the applicant's request for rezoning approval. Findings ERD findings are presented in the ERD Final Report, which has been included in the agenda packet. Recommendation ERD supports approval of the requested amendment to the Official Zoning Atlas. Signature 1 2 3 4 5 6 7 s 9 to 11 12 13 14 is 16 17 is 19 20 21 22 23 24 25 26 27 2s 29 30 31 32 33 34 35 36 37 3s 39 40 41 42 43 44 45 46 47 RESOLUTION NO. 10-031 FILE NO.: RZ 1220094025 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING APPROVAL FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS TO CHANGE THE ZONING FROM THE RS-3 (RESIDENTIAL, SINGLE FAMILY - 3 DU/ACRE) ZONING DISTRICT TO THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1 DU/ACRE) ZONING DISTRICT FOR CERTAIN PROPERTY SITUATE IN ST. LUCIE COUNTY, FLORIDA. 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: 1. Juan Venegas, presented a petition for a change in zoning from the RS-3 (Residential, Single Family - 3 du/acre) Zoning District to the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District for certain property situate in St. Lucie County, Florida, as described in Part A below and depicted on the attached map as "Exhibit A." 2. On May 20, 2010, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and continued the petition to the June 17, 2010 public hearing. 3. On June 17, 2010, the St. Lucie County Planning and Zoning Commission held the continued public hearing on the petition, and recommended that the Board of County Commissioners approve the hereafter described request for an amendment to the Official Zoning Atlas to change the zoning from the RS-3 (Residential, Single Family - 3 du/acre) Zoning District to the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District. 4. On July 20, 2010, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 5. The proposed change in zoning is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. 6. The proposed change in zoning is consistent with the existing and proposed uses in the surrounding area. July 20, 2010 File No. RZ 1220094025 Resolution No. 10-031 Page 1 1 2 3 4 5 6 s 9 10 11 12 13 14 15 16 17 la NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed amendment to the Official Zoning Atlas to change the zoning from the RS-3 (Residential, Single Family - 3 du/acre) Zoning District to the AR-1 (Agricultural, Residential -1 du/acre) Zoning District for the property owned by Juan Venegas and described below is hereby approved. Legal Description: Being at the Southwest corner of the Northwest 1/4 of the Northeast 1/4 of Section 30, Township 35 South, Range 40 East, thence run North 339 feet; thence East 235 feet; thence North 495.5 feet for the Point of Beginning of the tract herein described; thence continue North parallel to the center of McNeil Road 241.5 feet; thence East 395 feet; thence South 241.5 feet; thence West 395 feet to the Point of Beginning. LESS AND EXCEPTING right - of -way for public roads and drainage canals. Said lands situate lying and being in St. Lucie County, Florida. Location: West side of Dame Road, approximately %4 mile north of Edwards Road, St. Lucie County, Florida. Parcel I D#: 2430-122-0007-000/1 B. The St. Lucie County Planning & Development Services Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Atlas of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this Resolution. C. A Concurrencv Deferral Affidavit, a copy which is attached to this Resolution as Exhibit "B," was signed by the applicant on October 19, 2009. D. A copy of this Resolution shall be mailed, return receipt requested to the owner and agent of record as identified on the application. E. This Resolution shall be recorded in the Public Records. July 20, 2010 File No. RZ 1220094025 Resolution No. 10-031 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 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 After motion and second, the vote on this resolution was as follows: Commissioner Charles Grande, Chairman XXX Commissioner Doug Coward, Vice Chair XXX Commissioner Paula A. Lewis XXX Commissioner Chris Dzadovsky XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED This 20th Day of July, 2010. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk July 20, 2010 File No. RZ 1220094025 County Attorney Draft Resolution No. 10-031 Page 3 2 3 4 EXHIBIT A Site Location Map July 20, 2010 File No. RZ 1220094025 Draft Resolution No. 10-031 Page 4 1 St. Lucie County 2 Planning and Zoning Commission/ Local Planning Agency 3 Roger Poitras Annex, Commission Chambers, 3~d Floor 4 May 20, 2010 Meeting 5 6:00 p.m. 6 In the event of a conflict between these written minutes and a compact disc recording, 7 the compact disc shall control. 8 9 I. CALL TO ORDER 10 Chairman Mundt called the meeting to order at 6:00 p.m. 11 A. Pledge of Allegiance 12 B. Roll Call 13 Craig Mundt ..................................... Chairman 14 Britt Reynolds .................................. Vice-Chairman 15 Pamela Hammer .............................. Commission Member 16 Edward Lounds ................................ Commission Member 17 Stephanie Morgan ............................ Commission Member 18 Tod Mowery ..................................... Commission Member 19 Barry Schrader ................................. Commission Member 20 Brad Culverhouse ............................ Commission Member 21 Susan Caron .................................... Commission Member 22 Kathryn Hensley ............................... Ex-Officio Member 23 24 Members Absent 25 None. 26 Staff Present 27 Heather Young ................................. Assistant County Attorney 28 Heather Lueke .................................. Assistant County Attorney 29 Mark Satterlee .................................. Planning and Development Services Director 30 Kristin Tetsworth .............................. Senior Planner 31 Diana Waite ..................................... Senior Planner 32 Robin Meyer ..................................... Building and Code Regulations Manager 33 Michelle Hylton ................................. Recording Secretary 34 Dawn Milone .................................... Recording Secretary 35 36 C. Announcements • Page 4 of 6 96 Ms. Caron suggested the city of Fort Pierce be notified. Ms. Lueke stated that during the 97 moratorium period the County would like to coordinate with the two cities to have standard 98 regulations for the whole county. 99 Mr. Lounds asked if there are restrictions placed on pain clinics. Would they retroactively affect 100 the existing pain clinics? Ms. Lueke stated no. 101 Mr. Mowery motioned approval of staff recommendation. 102 Mrs. Hammer seconded. The motion carried unanimously. 103 D. Juan Venegas Rezoning: RZ 10220094025 104 Petition of Juan Venegas for an amendment to the Official Zoning Atlas from the RS - 3 105 (Residential, Single -Family - 3 du/acre) Zoning District to the AR - 1 (Agricultural, 106 Residential - 1 dulacre) Zoning District. Staff comments and presentation by Kristin 107 Tetsworth. 108 Ms. Tetsworth presented the petition. 109 Mr. Mowery stated concerns regarding the location of the horse barn and that the applicant 110 understands the impacts of the rezoning. 111 Ms. Caron stated concerns regarding the code violation and the difficulty imposed on the 112 applicant. 113 Mr. Satterlee stated they informed Mr. Venegas that based on Code requirements he would 114 have to move his horses, or the alternative was to apply for rezoning to a district that would 115 allow him to keep his horses, however, he would also have to have it as a residence. 116 The Commission continued to discuss the Code violation, the impacts of the proposed 117 rezoning on the existing structure, and the requirement of the applicant to build a house. 118 Chairman Mundt opened the public hearing. 119 No one spoke. 120 Chairman Mundt closed the public hearing. 121 Mr. Schrader reiterated the Commission's concerns about the applicant's understanding of his 122 petition. 123 Ms. Morgan motioned to continue the item to the June 17 meeting. 124 Mr. Mowery seconded. The motion carried unanimously. Planning and Zoning Commission May 20, 2010 Minutes 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 St. Lucie County Planning and Zoning Commission/ Local Planning Agency Roger Poitras Annex, Commission Chambers, 3~d Floor June 17, 2010 Meeting 6:00 p.m. In the event of a conflict between these written minutes and a compact disc recording, the compact disc shall control. I. CALL TO ORDER Chairman Mundt called the meeting to order at 6;05 p.m. A. Pledge of Allegiance B. Roll Call Craig Mundt ............................. ........ Chairman Britt Reynolds .......................... ........ Vice-Chairman Pamela Hammer ...................... ........Commission Member Edward Lounds ........................ ........Commission' Member Stephanie Morgan .................... ........ Commission Member Tod Mowery ............................. ........ Commission Member Brad Culverhouse (arrived at 6:40)... Commission Member Susan Caron ............................ ........Commission Member Members Absent Barry Schrader .................................Commission Member Kathryn Hensley ............................... Ex-Officio Member Staff Present Heather Young .................................Assistant County Attorney Mark Satterlee .................................. Planning and Development Services Director Michael Brillhart ................................ Business and Concurrency Manager Kristin Tetsworth .............................. Senior Planner Diana Waite ..................................... Senior Planner Jeff Johnson ..................................... Senior Planner Michael Powley ................................ County Engineer Yvette Alger ..................................... Senior Environmental Planner Michelle Hylton ................................. Recording Secretary 37 C. Announcements DRAFT 38 None. 3g D. Disclosures Page 2 of 11 40 Mr. Lounds disclosed that he discussed a consultant on the Waterway Resources item. Mr. 41 Reynolds, Ms. Morgan, and Mr. Mowery all disclosed the same. 42 Ms. Young stated the Commission was provided with copies of the Voting Conflict Memoranda 43 for Mrs. Hammer and Ms. Caron from the previous meeting. 44 Mr. Mundt disclosed he also spoke with the engineer from MCZ Centrum Citrus Farms and 45 with the agent for Johnson and Johnson Citrus. He also stated he met with staff regarding all 46 the items on the agenda. 47 II. MINUTES 48 Review the minutes from the May 20, 2010 meeting for approval. 49 Ms. Hammer noted her corrections to the minutes. 50 Mrs. Hammer motioned for approval of the minutes as amended. 51 Mr. Mowery seconded. The motion carried 7-0. 52 Mr. Satterlee stated there are two public hearings regarding mines, one of which will be 53 requesting a continuance. He stated there has been a lot of recent public input and Waterway 54 Resources would like to take more time to talk to the public, but may benefit from the public 55 input during the public hearing for MCZ Centrum Citrus Farms. 56 III. PUBLIC HEARINGS 57 A. Juan Venegas Rezoning: RZ 10220094025 continued from May 20, 2010 58 meeting 59 Petition of Juan Venegas for an amendment to the Official Zoning Atlas from the RS - 3 60 (Residential, Single -Family - 3 du/acre) Zoning District to the AR - 1 (Agricultural, 61 Residential - 1 du/acre) Zoning District. Staff comments and presentation by Kristin 62 Tetsworth. 63 Ms. Tetsworth presented the petition. 64 Mr. Mowery asked whether the horses would be reviewed as a stable or an accessory use. 65 Ms. Tetsworth stated the applicant would be building a single family home and move the 66 existing barn to be within the area it needs to be. 67 Chairman Mundt opened the public hearing. Planning and Zoning Commission June 17, 2010 Minuses DRAFT Page 3 of 11 - 68 No one spoke. 69 Chairman Mundt closed the public hearing. 70 Ms. Caron stated her concern that the applicant is doing what staff wants him to rather than 71 what he wants, and asked if there was a more appropriate zoning that he could have without 72 building a home on the property. 73 Ms. Tetsworth stated the future land use requires the use to be residential and staff feels 74 confident that this is the best recommendation for all parties. 75 Mrs. Hammer stated her concern that the applicant will want to run a landscaping business 76 from the property, which will not be fair to the adjoining property owners. 77 Ms. Tetsworth stated the landscaping business would be a Conditional Use that the applicant 78 would have to come back before the Commission and the Board of County Commissioners to 79 request that use. 80 Mr. Mundt stated he brought those issues up earlier in the week. 81 Mr. Mowery stated everyone had the same concerns but he feels staff has worked diligently 82 with the applicant and he is still willing to go forward. 83 Mr. Mowery made the motion: 84 After considering the testimony presented during the public hearing, including 85 staff comments, and the standards of review as set forth in Section 11.06.03, St. 86 Lucie County Land Development Code, I hereby move that the Planning and 87 Zoning Commission recommend that the St. Lucie County Board of County 88 Commissioners adopt a resolution granting approval to the application of 89 Juan Venegas for an amendment to the Official Zoning Atlas to change the zoning 90 from the RS-3 (Residential, Single Family - 3 du/ Acre) Zoning District to the AR-1 91 (Agricultural, Residential - 1 du /Acre) Zoning District ,because the petition is 92 consistent with the County's Comprehensive Plan, compatible with the existing 93 and proposed land uses, and the site is capable of handling the impacts of the 94 proposed zoning uses. 95 Ms. Caron seconded. The motion carried 7-0. 96 B. Lucie Rock, LLC: RZ 120104035 97 Petition of Lucie Rock, LLC for an amendment to the Official Zoning Atlas from the AG - 98 1 (Agricultural - 1 du/acre) Zoning District to the IL (Industrial, Light) Zoning District. 99 Staff comments and presentation by Diana Waite. Planning and Zoning Commission June 17, 2010 minutes BOARD OF COUNTY COMMISSIONERS John Doe 2300 Virginia Avenue Fort Pierce, FL 34982 Public Hearing Date: July 20, 2010 Location: BOCC Chambers SLC Admin Annex, 2300 Virginia Avenue, Ft Pierce, Florida 34982 Time: 6:00 PM Applicant Juan Venegas Property Location West side of Dame Road 1 /4 mile north of Edwards Road Zonin RS-3 (Residential, Single Family -3 du/acre) Future Land Use RU (Residential Urban -5du / acre) Staff Recommendation Board adoption of Resolution No. 10-031 granting approval. PUBLIC HEARING NOTICE Juan Venegas RZ1220094025 T HAP,P.INE5557' a S'-3 _ ~-{~ ~ R -3 I~~~' ~ J R -3 I I ~~ HgPPINESSSi NSLROD•CANAL NO~~a ~~ ~RDD'OANAL-NO-3a \ ' I \ RS~3 RS-3 ~ ~ RS-3 ----Rf--- i '_ E3 i i i ~~~ soo 2 -- ~ / // o RS-3 t ----. E A E S RD a J QO t ~ {{R-1 Ry , ~. R4 \~ ~ R2 RS-$ ) I I ' ` E3 Subject Property StL I County ZOnlnq F2. Vlerce ionlnq __ AR1 A kultural ReiCenlial (1 oWac) E3 Resioent a151rgkF mily (3 oulacj e t 500 tt. notifira-on area I I trt l- nal R1 Smgle Family L D nsity (< OWac) ~~ ~ - RS 3 R iCenlul Singk Family (3 aulx) 0.2 Smgle Fam ly I t eGiale Dare ly (5 4Wx) !..'.-:! Ft Pierce Clry Llmlts RA Meaum Densry R aentwl (tD awac) Project Location: West side of Dame Road, Approximately 114 mile North of Ed- wards Road. Public Hearing Descriation Juan Venegas petition for a change in zon- ing from the RS-3 (Residential, Single Fam- ily-3du/acre) to the AR-1 (Agricultural, Residential) Zoning District for 2 acres of land on the west side of Dame Road north of Edwards Road to accommodate the pro- posed single family home and barn for 2 horses. Background The Code Compliance Division had cited the petitioner on February 16, 2009 in Case #61848 for operating a business from the property and keeping a horse in the RS -3 Zoning District. He was also cited for having an accessory structure without a primary structure. He has since removed all commercial vehicles from his property. On March 4, 2010, the Development Re- view Committee certified the application to move forward to the next step in the devel- opment review process. This rezoning would permit the petitioner to apply for a building permit to construct a house and horse barn 100 feet from the property line. The St. Lucie County Board of County Commissioners has the power to review and grant any applications within their area of responsibility. The Board of County Commissioners strongly encourages your input and com- ment at the public hearing. You may also mail or email written comments in advance of the public hearing for inclusion in the official record regarding this proceeding. Further details are available in the Plan- ning and Development Services Depart- ment-please contact: Staff Kristin Tetsworth Tel. 772-462-6455 Email tetsworthk~stlucieco.org Mail 2300 Virginia Avenue Fort Pierce, Florida 34982 Legal Description: Being at the Southwest corner of the Northwest 1/4 of the Northeast 1/4 of Section 30, Township 35 South, Range 40 East, thence run North 339 feet; thence East 235 feet; thence North 495.5 feet for the Point of Beginning of the tract herein described; thence continue North parallel to the center of McNeil Road 241.5 feet; thence East 395 feet; thence South 241.5 feet; thence West 395 feet to the Point of Beginning. LESS AND EXCEPTING right - of -way for public roads and drainage canals. Said lands situate lying and being in St. Lucie County, Florida. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA July 20, 2010 NOTICE OF PROPOSED ZONING DISTRICT CHANGE The St. Lucie County Board of County Commissioners proposes to consider the adoption of the following by resolution: RESOLUTION N0.10-031 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING APPROVAL FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS TO CHANGE THE ZONING FROM THE RS-3 (RESIDENTIAL, SINGLE FAMILY - 3 DU/ACRE) ZONING DISTRICT TO THE AR-1(AGRICULTURAL, RESIDENTIAL -1 DU/ACRE) ZONING DISTRICT FOR CERTAIN PROPERTY SITUATE IN ST. LUCIE COUNTY, FLORIDA. APPLICANT: Juan Venegas FILE NUMBER: RZ 1220094025 LEGAL DESCRIPTION: Being at the Southwest corner of the Northwest 1/4 of the Northeast 1/4 of Section 30, Township 35 South, Range 40 East, thence run North 339 feet; thence East 235 feet; thence North 495.5 feet for the Paint of Beginning of the tract herein described, thence continue North parallel to the center of McNeil Road 241.5 feet, thence East 395 feet; thence South 241.51eet; thence West 395 feet to the Point of Beginning. LESS AND EXCEPTING right - of -way for public roads and drainage canals. Said lands situate lying and being in St. Lucie County, Florida. LOCATION: West side of Dame Road, approximately 1/4 mile north of Edwards Road. PURPOSE: An amendment to the Official Zoning Atlas to change the zoning from the RS - 3 (Residential, Single -Family 3 du/acre) Zoning District to the AR - 1 (Agricultural, Residential - 1 du/acre) Zoning District. _. ___ _ _ Jwn Vengpa PZ-/32DOB~U25 The PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Tuesday, July 20, 2010, beginning at 6:00 p.m. or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Board of County Commissioners should be received by the Planning and Development Services Department - Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Planning and Development Services Department offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida, during regular business hours. Please call 7721462- 2822 or TDD 772/462-1428 if you have any questions or require additional information. The St. Lucie County Board of County Commissioners has the power to review and grant any applications within their area of responsibility. The proceedings of the Board of County Commissioners are electronically recorded. PURSUANT TO Section 286 0105 Florida Statutes. it a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at a meeting or hearing. he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued from time to time as may be necessary to adate-certain. Anyone wish a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Risk Manager at least forty-eight (48) hours prior to the meeting at (772)462-1546 or T.D.D. (772)462-1428. Any questions about this agenda may be referred to St. Lucie County Planning Division at (772) 462-2822. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ CHARLES GRANDE, CHAIRMAN PUBLISH DATE: July 7, 2010 ITEM NO. •III-A , ~ w ~ ~ DATE: 6/17110 • ~ . ~ AGENDA REQUEST REGULAR ( ) PUBLIC HEARING (X ) LEG. ( ) QUASI-JD (X ) CONSENT ( ) TO: Planning and Zoning Commission PRESENTED BY: Kristin Tetsworth SUBMITTED BY: Planning & Development Services Department Senior Planner SUBJECT: Petition of Juan Venegas for an amendment to the Official Zoning Atlas to change the zoning for land from the RS-3 (Residential, Single family - 3 du/ acre) Zoning District to the AR-1 (Agricultural, Residential - 1 du /acre) Zoning District. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: May 20, 2010 Continued to a date certain. RECOMMENDATION: Forward to the Board of County Commissioners a recommendation for Board adoption of Resolution No.10-031 granting approval as outlined in the agenda memorandum. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER Coordination/Signatures County (X ) Attorney Daniel S. McIntyre County Surveyor (X) ~` ~~ ~1 Ron Harris County (X) Engineer ~~y Mic ael Powley ERD (X) Y~ ~tl~2 ~ Karen Smith A1~c Originating (X ) Dept. ~` ~ hr5 Mark Satterlee COUI~ITY F L O R I D A J Planning and Development Services Department SUPPLEMENTAL MEMO TO: Planning and Zoning Commission THROUGH: Mark Satterlee, AICP, Planning & Development Services Director Kara Wood, Planning Manager ~'~'{nl FROM: Kristin Tetsworth, Senior Planner' DATE: June 17, 2010 SUBJECT: Petition of Juan Venegas for an amendment to the Official Zoning Atlas to change the zoning from the RS-3 (Residential, Single family - 3 du/acre) Zoning District to the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District. ITEM NO. III-A BACKGROUND: This petition was presented to the Planning & Zoning Commission on May 20, 2010. The Item was continued to June 17, 2010 to allow additional time for staff to meet with the applicant to ensure that the requirements to satisfy the standards of the requested zoning district are clear. FINDINGS: Section 7.10.03(6) of the SLC Land Development Code provides the setbacks that are required for the location of the barn that will house the horses. In the AR-1 district, animals other than household domestic pets may be kept provided they are not housed within one hundred (100) feet from any property line. It has been determined that the subject property is of sufficient size, width and depth to accommodate a single family house and a barn. The applicant understands that a house must be constructed and the existing barn will have to be moved or reconstructed at least 100 feet from the property lines. RECOMMENDATION: Staff recommends that this Commission forward a recommendation of approval to the Board of County Commissioners and to adopt Draft Resolution No. 10-031 granting the Amendment to the Official Zoning Atlas. Suggested motion to recommend approval/denial of this requested. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION GRANTING APPROVAL TO THE APPLICATION OF JUAN VENEGAS FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS TO CHANGE THE ZONING FROM THE RS-3 (RESIDENTIAL, SINGLE FAMILY - 3 DU/ ACRE) ZONING DISTRICT TO THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1 DU /ACRE) ZONING DISTRICT ,BECAUSE.... [CITE REASON WHY -PLEASE BE SPECIFIC] MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY AND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF JUAN VENEGAS FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS TO CHANGE THE ZONING FROM THE RS-3 (RESIDENTIAL, SINGLE FAMILY - 3 DU/ACRE) ZONING DISTRICT TO THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1 DU /ACRE) ZONING DISTRICT, BECAUSE .... [CITE REASON WHY -PLEASE BE SPECIFIC] 7.10.03 ANIMALS IN RESIDENTIAL DISTRICTS A. Except as provided in this Section, no animals shall be kept in any residential district except those animals generally recognized as household domestic pets, such as dogs, cats, caged birds, etc. In any residential district, no more than a total of three (3) dogs and/or cats four (4) months or older shall be allowed for each dwelling unit. B. In the AR-1 district, animals other than household domestic pets may be kept provided they are not housed within one hundred (100) feet of any property line. C. In the RE-1 and RE-2 districts, horses may be kept provided that: 1. The property is at least two (2) acres; 2. No more than two (2) horses are kept; 3. The horses are for the private and personal use of the resident and his family; and, 4. The horses are to be stabled at least one hundred and fifty (150) feet from any residence under separate ownership and three hundred (300) feet from the edge of the right-of-way of any street. 1 St. Lucie County 2 Planning and Zoning Commission/ Local Planning Agency 3 Roger Poitras Annex, Commission Chambers, 3~d Floor 4 May 20, 2010 Meeting 5 6:00 p.m. 6 In the event of a conflict between these written minutes and a compact disc recording, 7 the compact disc shall control. 8 9 I. CALL TO ORDER 10 Chairman Mundt called the meeting to order at 6:00 p.m. 11 A. Pledge of Allegiance 12 B. Roll Call 13 Craig Mundt ..................................... Chairman 14 Britt Reynolds .................................. Vice-Chairman 15 Pamela Hammer .............................. Commission Member 16 Edward Lounds ................................ Commission Member 17 Stephanie Morgan ............................ Commission Member 18 Tod Mowery ..................................... Commission Member 19 Barry Schrader ................................. Commission Member 20 Brad Culverhouse ............................ Commission Member 21 Susan Caron .................................... Commission Member 22 Kathryn Hensley ............................... Ex-Officio Member 23 24 Members Absent 25 None. 26 Staff Present 27 Heather Young ................................. Assistant County Attorney 28 Heather Lueke .................................. Assistant County Attorney 29 Mark Satterlee .................................. Planning and Development Services Director 30 Kristin Tetsworth .............................. Senior Planner 31 Diana Waite ..................................... Senior Planner 32 Robin Meyer ..................................... Building and Code Regulations Manager 33 Michelle Hylton ................................. Recording Secretary 34 Dawn Milone .................................... Recording Secretary 35 36 C. Announcements DRAFT 37 38 39 40 41 42 43 44 45 46 47 48 None. Page2of6 D. Disclosures Mrs. Hammer asked Ms. Young whether she should recuse herself for an item since she has a business relationship with the engineer on the project. Ms. Young advised her to recuse herself if she felt uncomfortable with the situation. II. MINUTES Review the minutes from the April 15, 2010 meeting for approval. Ms. Hammer noted her changes to the minutes. Mr. Schrader motioned for approval of the minutes as amended. Ms. Caron seconded. The motion carried unanimously. 49 III. PUBLIC HEARING 50 A. Ordinance No. 10-010: County Attorney -continued from the February 18, 51 2010 meeting. 52 Petition of the County Attorney of draft Ordinance No. 10-010 which, if adopted, would 53 require that advance notice of expert documents and expert testimony that is proposed 54 to be introduced at a public hearing be filed with the County's Growth Management 55 Director at least ten days before the public hearing. Staff comments and presentation by 56 the County Attorney's Office. 57 Ms. Young stated since the February 18 public hearing, staff has been looking at the 58 ordinance, and at this time, staff's recommendation is to cancel the public hearing, and re- 59 advertise if the ordinance will go forth. 60 Mr. Schrader motioned for the cancellation of the public hearing. 61 Mr. Lounds seconded. The motion carried unanimously. 62 C. North County Regional Water and Wastewater Treatment Plants Rezoning: RZ 63 920094011 -continued from the January 21, 2010 Meeting. 64 Petition of St. Lucie County Utilities fora change in zoning from the AR - 1 65 (Agricultural, Residential - 1 du/acre) Zoning District to the U (Utilities) Zoning District 66 to accommodate the proposed North County Regional Water and Wastewater Treatment 67 Plants. Planning and Zoning Commission April 15, 2010 Minutes DRAFT Page 3 •of 6 68 Chairman Mundt stated staff has requested to continue this item to the August 19 meeting. 69 Chairman Mundt opened the public hearing. 70 No one spoke. 71 Chairman Mundt closed the public hearing. 72 Mrs. Hammer motioned for continuation of the item to August 19, 2010. 73 Ms. Morgan seconded. The motion carried unanimously. 74 B. Ordinance No. 10-021 -Pain Management Clinics 75 County staff is directed to analyze the effects of pain management clinics in the County, 76 to analyze the criteria for such additional standards under the zoning and land 77 development regulations in connection with the issuance of any development permits, 78 business licenses, or approvals for the location of pain management clinics within the 79 unincorporated St. Lucie County. Staff comments and presentation by the County 80 Attorney's Office. 81 Ms. Lueke presented the petition. 82 Chairman Mundt opened the public hearing. 83 No one spoke. 84 Chairman Mundt closed the public hearing. 85 The commission discussed the moratorium that the County will use to find actions they can 86 take to prevent the abuse of pain management clinics. 87 Mr. Schrader asked if there have been any requests for pain clinics to date. Ms. Lueke stated 88 there are currently nine existing in St. Lucie County, eight of which are in the cities, one in the 89 unincorporated county. 90 Mr. Schrader asked how staff was notified of this. Ms. Lueke stated it was initiated by the 91 Sheriff because there has been an apparent trend of the clinics migrating north. 92 Ms. Caron stated the public should know we are specifically talking about clinics that target 93 prescription drugs and narcotics. 94 Mr. Mundt asked if the cities were looking into similar ordinances. Ms. Lueke stated Port St. 95 Lucie is. Planning and Zoning Commission April 15, 2010 Minutes DRAFT Page 4 of 6 96 Ms. Caron suggested the city of Fort Pierce be notified. Ms. Lueke stated that during the 97 moratorium period the County would like to coordinate with the two cities to have standard 98 regulations for the whole county. 99 Mr. Lounds asked if there are restrictions placed on pain clinics, would they retroactively affect 100 the existing pain clinics. Ms. Lueke stated no. 101 Mr. Mowery motioned approval of staff recommendation. 102 Mrs. Hammer seconded. The motion carried unanimously. 103 D. Juan Venegas Rezoning: RZ 10220094025 104 Petition of Juan Venegas for an amendment to the Official Zoning Atlas from the RS - 3 105 (Residential, Single -Family - 3 du/acre) Zoning District to the AR - 1 (Agricultural, 106 Residential - 1 du/acre) Zoning District. Staff comments and presentation by Kristin 107 Tetsworth. 108 Ms. Tetsworth presented the petition. 109 Mr. Mowery stated concerns regarding the location of the horse barn and that the applicant 110 understands the impacts of the rezoning. 111 Ms. Caron stated concerns regarding the code violation and the difficulty imposed on the 112 applicant. 113 Mr. Satterlee stated they informed Mr. Venegas that based on Code requirements he would 114 have to move his horses, or the alternative was to apply for rezoning to a district that would 115 allow him to keep his horses, however, he would also have to have it as a residence. 116 The Commission continued to discuss the Code violation, the impacts of the proposed 117 rezoning on the existing structure, and the requirement of the applicant to build a house. 118 Chairman Mundt opened the public hearing. 119 No one spoke. 120 Chairman Mundt closed the public hearing. 121 Mr. Schrader reiterated the Commission's concerns about the applicant's understanding of his 122 petition. 123 Ms. Morgan motioned to continue the item to the June 17 meeting. 124 Mr. Mowery seconded. The motion carried unanimously. P/anning and Zoning Commission April 15, 2010 Minutes DRAFT Page 5• of 6 . 125 E. SR 70 Borrow Pit @ Adams Ranch: CU 120104031 126 Petition of Peter W. Harrison for a Conditional Use Permit to allow for a sand mining 127 operation in the AG - 5 (Agricultural - 1 du/5 acres) Zoning District. Staff comments and 128 presentation by Diana Waite. 129 Ms. Waite presented the petition. 130 Ms. Caron stated she has a lease on neighboring property with Adams Ranch, and asked Ms. 131 Young if this is an issue. Ms. Young recommended Ms. Caron recuse herself. 132 Chairman Mundt called the applicant for their presentation. 133 Daniel Rutherford, of Engineering Design and Construction, representing the applicant 134 highlighted areas of potential community benefit. 135 Chairman Mundt opened the public hearing. 136 No one spoke. 137 Chairman Mundt closed the public hearing. 138 Mr. Lounds asked whether the mining of this site would be enough to complete the project. Mr. 139 Rutherford stated they could with a maximum depth of twenty feet, and there is no hardpan on 140 this site. 141 Mr. Lounds made the motion: 142 After considering the testimony presented during the public hearing, 143 including staff comments, and the standards of review as set forth in 144 Section 11.07.03, St. Lucie County Land Development Code, I hereby move 145 that the Planning and Zoning Commission recommend that the St. Lucie 146 County Board of County Commissioners grant approval to the application 147 of Peter Harrison for a Conditional Use Permit to allow for a sand mining 148 operation in the AG-5 (Agricultural - 1 unit per 5 acres) Zoning District, 149 because of all the testimony and statements made, the environmental 150 awareness that the Adams family has, and I think it would be well suited for 151 this area. 152 Mr. Reynolds seconded. The motion carried unanimously. 153 IV. OTHER BUSINESS Planning and Zoning Commission April 15, 2010 Minutes DRAFT Page 6 of 6 154 A. Chapter 11 Workshop -Staff requests review and input from the Planning and 155 Zoning Commission for recommended changes to the remaining sections of 156 Chapter 11. 157 The Commission discussed their comments and recommended changes with Robin Meyer, 158 Building and Code Regulations Manager. 159 B. Planning and Development Services Director Comments. 160 Mr. Satterlee extended thanks to Mr. Meyer and Ms. Milone for their work on the Land 161 Development Code changes. 162 C. Other business at the discretion of the Planning and Zoning Board Members. 163 The Commission extended their thanks to Ms. Milone for her service to the Commission. 164 Mr. Mundt asked the Commission how they would feel about more concise minutes, and if they 165 wish to make corrections in advance of the meeting. The Commission assented. 166 Mr. Satterlee stated the Board of County Commissioners might prefer more detailed minutes 167 so he will look into it. 168 V. ADJOURN 169 There being no further business, the meeting adjourned at 8:00. Planning and Zoning Commission April 15, 2010 Minutes ITEM NO. MI-D ~ , - - DATE: 5120110 • • . -- AGENDA REQUEST REGULAR ( ) PUBLIC HEARING (X ) LEG. ( ) QUASI-JD (X ) CONSENT ( ) TO: Planning and Zoning Commission PRESENTED BY: Kristin Tetsworth ~r SUBMITTED BY: Planning & Development Services Department Senior Planner SUBJECT: Petition of Juan Venegas for an amendment to the Official Zoning Atlas to change the zoning for land from the RS-3 (Residential, Single family - 3 du/ acre) Zoning District to the AR-1 (Agricultural, Residential - 1 du /acre) Zoning District. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Forward to the Board of County Commissioners a recommendation for Board adoption of Resolution No.10-031 granting approval as outlined in the agenda memorandum. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER Coordination/Signatures County ( ) County Surveyor ( ) ~ / Attorney ~ ~ ~~/`7 Daniel S. McIntyre Ron Harris County ( ) ~,~~ Engineer Michael Powley ERD ( ) aren Smith Originating (X ) Dept. Mark Satterlee PLANNING AND ZONNG COMMISSION Hearing Date: May 20, 2010 GM File Number RZ 1220094025 Applicant Juan Venegas Property Location West side of Dame Road, Approximately 1/4 mile North of Edwards Road. Land Use & Zoning RU (Residential Urban 5du/1 ac) RS-3 (Residential, Single Fam- ily-3du/1 ac) Staff Recommendation Forward to the Board of County Commissioners a rec- ommendation for Board adop- tion of Resolution No. 10-031 granting approval, as outlined in the agenda memorandum. Proiect Staff Kristin Tetsworth Planner 772-462-6455 Juan Venegas Rezoning 0 AGENDA ITEM No. III-D Location: West side of Dame Road, Approximately 1/4 mile North of Edwards Road. Project Description Juan Venegas petition for a change in zoning from the RS-3 (Residential, Single Family- 3du/1ac) to the AR-1 (Agricultural, Residential) Zoning for 2 acres of land on the west side of Dame Road north of Edwards Road is necessary to accommodate the proposed single family home and housing for 2 horses. Staff Recommendation Forward to the Board of County Commis- sioners arecommendation for Board adop- tion of Resolution No. 10-031 granting approval. Further details are available in the Planning 8 Development Services Department please contact: Background This request stems from the Code Compliance Division having cited the petitioner in 2009 for operating a business from the property and keep- ing ahorse in the RS-3 Zoning District. He was also cited for having an accessory structure (horse barn) without a primary structure. He has since removed the commercial vehicle from his property. On March 4, 2009, the Development Review Committee certified the application to move for- ward to the next step in the development review process. This reioning would permit the owner, Juan Venegas to apply for a building permit to construct a house and move the horse barn 100 feet from the property line on this site. Staff Kristin Tetsworth tel. 772-462- 6455 Email tetswortht@stlucieco.org Mail 2300 Virginia Avenue Fort Pierce, Florida 34982 The St. Lucie County Planning and Zoning Commission has the power to review and rec- ommend to the St. Lucie County Board of County Commissioners, for approval or disap- proval, any applications within their area of re- sponsibility. Anyone with a disability requiring accommoda- tion to attend this meeting may contact the SLC Community Risk Manager at least 48 hours in advance at 772.462.1546 or TDD 772.462.1428 Planning and Development Services ~ ~ ~ = - Department • -- STAFF REPORT TO: Planning and Zoning Commission THROUGH: Mark Satterlee, AICP, Planning & Development Services Direct Kara Wood, Planning Manager FROM: Kristin Tetsworth, Senior Planner~/~~ DATE: May 20, 2010 SUBJECT: Petition of Juan Venegas for an amendment to the Official Zoning Atlas to change the zoning from the RS-3 (Residential, Single family - 3 du/acre) Zoning District to the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District. ITEM NO. GENERAL INFORMATION: Applicant: Juan Venegas 772-370-5931 Property Owner: Juan Venegas Requested Action: Amend the Official Zoning Atlas to change the zoning from the RS-3 (Residential, Single family - 3 du/acre) Zoning District to the AR-1 (Agricultural, Residential - 1 du/acre) Purpose: Location: Future Land Use: Current Use: Parcel ID #: Change the existing zoning on the property to allow the property owner to house two horses. West side of Dame Road, approximately'/4 mile north of Edwards Road. RU (Residential, Urban - 5du/acre) Vacant, 2 horses & barn, parked commercial vehicle. 2430-122-0007-000/1 Parcel Size: 2.09 Acres Concurrency: Deferral Certificate File Date: December 2, 2009 Existing Zoning Future Land Use To the north: Residential, Single Family - Residential Urban - 3du/acre 5 du/acre To the south: Residential, Single Family - Residential Urban - 3du/acre 5 du/acre To the east: Residential, Single Family - Residential Urban - 3du/acre 5 du/acre To the west: Residential, Single Family - Residential Urban - 3du/acre 5 du/acre City of Ft. Pierce City of Ft. Pierce To the south west: Residential, Single Family - Residential 4du/acre 6.5 du/acre City of Ft. Pierce Cit of Ft. Pierce The proposed zoning district complies with the Zoning Consistency Matrix found in the LDC Section 11.09.02 and Future Land Use Table 1-3 of the Comprehensive Plan. BACKGROUND INFORMATION: The Code Compliance Division cited the petitioner on February 16, 2009 in Case #61648 for operating a business from the property, parking commercial vehicles on the property and keeping 2 horses in the RS-3 (Residential, Single family - 3du/ acre) Zoning District. Mr. Venegas was also cited for having an accessory structure (horse barn) without a primary structure. He has since removed the commercial vehicle from his property. The Planning & Development Services Department received an application on December 2, 2009 for an amendment to the Official Zoning Atlas for this property which is owned by Juan Venegas. In the application, Mr. Venegas stated that he wants to be able to keep the 2 horses on his property. He provided a neighborhood petition dated November 11, 2009. This petition contained the signatures of 16 neighbors that support Mr. Venegas' desire to keep the 2 horses on his property. The Planning Division requested that a Neighborhood Meeting be held, however, a determination was made to accept the petition in lieu of a meeting. The initial Development Review Committee (DRC) recommendation was to revise the application to request the rezoning to the RE-2 (Residential Estate 2 du/acre) Zoning District which would allow keeping the 2 horses, instead of the AR-1 Zoning District. The RE-2 Zoning District would preclude the petitioner from applying for the operation of a landscaping business on this property in the future, which is a conditional use in the AR-1 Zoning District. The applicant refused to change his application. Therefore, staff performed a comparative analysis of the RE-2 and AR-1 Zoning Districts with the setback requirements from Section 7.10.03 for animal housing. Those setbacks were graphically placed on maps of the petitioner's 2-acre property. Please see the attached graphic scenarios. As a result, staff determined that the RE-2 Zoning District will not allow the location of a horse barn due to setback requirements of 300 feet from any road right of way and 150 feet from neighboring houses. The AR-1 Zoning District setbacks will allow a horse barn in the central area of the property. Therefore, staff withdrew the recommendation to change the application and supported the petitioner's request for the change to AR-1 Zoning District. On March 4, 2010, the Development Review Committee (DRC) certified the application to move forward to the next step in the development review process for the change from the RS-3 (Residential, Single family - 3 du/ acre) Zoning District to AR-1 (Agricultural, Residential - 1 du/acre) Zoning District. ********************************** STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for the proposed rezoning, the Board of County Commissioners shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed Amendment to the Official Zoning Atlas to change the zoning to AR-1 (Agricultural/ Residential, 1 du/acre) Zoning District is consistent with the St. Lucie County Land Development Code; and the underlying Future Land Use for the subject property which is RU (Residential Urban - 5du/acre.) According to Section 11.09.02, Table 11-1, Land Use Category/Zoning District Compatibility Chart, the proposed the AR-1 Zoning District is considered compatible with the Residential Urban - 5du/acre) land use designation. However, a residential primary structure is still required to be built on the parcel. The proposed Amendment is required as a result of the Code Enforcement action in order for it to be consistent with all applicable provisions of the LDC as well as the stated purpose and intent of the Zoning District. Although conditions of approval are not allowed to be imposed upon a re-zoning pursuant to Florida Statutes, the Code Enforcement Board has imposed a condition that a building permit for the single family residence shall be obtained within 90 days of the potential approval of this zoning district change by the BOCC. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed Amendment to the Official Zoning Atlas to change the zoning to AR-1 is consistent with the St. Lucie County Future Land Use Map and designation as established in the Comprehensive Plan. The subject property has a Future Land Use Classification of RU (Residential Urban- 5du/acre) which provides for residential development as the primary use. Objective 1.1.8 of the St. Lucie County Comprehensive Plan establishes that the investment owners make in residential property, and their quality of life in single family neighborhoods, shall be protected from the encroachment of commercial and/or other inappropriate land uses through consistent and predictable applications of the LDC. Therefore, the proposed Amendment is consistent with the purposes, goals, objectives and policies of the Comprehensive Plan. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed Amendment to the Official Zoning Atlas to change the zoning is consistent with the current existing uses of the property in the area. Currently, the surrounding properties to the north, south, east and west are residential single family homes that have been individually built over time on a variety of parcel sizes, the majority of which are over 1 acre in size, despite the RS-3 Zoning classification. The property to the west and southwest is within the City Limits of Ft. Pierce, however the City Zoning district is comparable to the SLC designation. Only one other property to the east is zoned AR -1 (Agricultural Residential 1 unit/ac). The proposed zoning change has been determined to be compatible with the adjacent properties and uses currently in the existing landscape as defined in the LDC. 4. Whether there have been changed conditions that require an amendment; The current development trend throughout the area is a greater emphasis on residential single family homes in this area that exceed the allowable size provided for in the existing zoning designation. The requested AR-1 classification, will more closely reflect the landscape as it has been developed and built over time. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The subject site is located within the Urban Service Area boundary however only a well and septic tank will be required to support the single family home. Drainage will be handled at the time of Building permits being issued for the single family home. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; No significant environmental issues associated with this petition have been identified beyond compliance with LDC requirements. The subject property was historically left vacant. The property owner will still be required to comply with the normal Vegetation Removal permit at the time Building permits are issued for the single family home and a tree mitigation plan may be required. There are no desirable upland habitats on the property. Please refer to the Companion Report and Final Report prepared by the Environmental Resources Department for a more detailed discussion. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative effects of such patterns; The proposed Amendment to the Official Zoning Atlas to change the zoning from the previous residential district to a lower density will not have any perceived negative effect on the surrounding properties based on the current development pattern of random single family homes on various parcels of differing sizes. This request is consistent with the existing pattern of development in this vicinity and will result in an orderly and logical development pattern. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed Amendment to the Official Zoning Atlas to change the zoning from the previous residential district has not been found to be in conflict with the public interest and has been determined to be in harmony with the purpose and intent of the St. Lucie County Land Development Code. Further, it is in response to the Code Enforcement action currently in process. The Planning and Zoning Commission may raise other matters regarding this proposed Amendment to the Official Zoning Atlas. SUMMARY: Overall, Staff is in support of the proposed Amendment to the Official Zoning Atlas to change the zoning from the RS-3 (Residential, Single family - 3 du/acre) Zoning District to the AR-1 (Agricultural, Residential - 1 du/acre). STAFF RECOMMENDATION: Staff has reviewed this petition and determined that the request conforms to the standards of review for a re-zoning as set forth in Section 11.06.03 of the St. Lucie County Land Development Code. Staff recommends that this Commission forward a recommendation of approval to the Board of County Commissioners, and further recommend Board adoption of Draft Resolution No. 10-031 to approve the requested Amendment to the Official Zoning Atlas. Approved by: PLAf~NIN MANAGER PLANNIN & DEVELOPMENT SERVICES, PLANNING DIVISION Suggested motion to recommend approval/denial of this requested. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION GRANTING APPROVAL TO THE APPLICATION OF JUAN VENEGAS FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS TO CHANGE THE ZONING FROM THE RS-3 (RESIDENTIAL, SINGLE FAMILY - 3 DU/ ACRE) ZONING DISTRICT TO THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1 DU /ACRE) ZONING DISTRICT ,BECAUSE.... [CITE REASON WHY -PLEASE BE SPECIFIC] MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY AND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF JUAN VENEGAS FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS TO CHANGE THE ZONING FROM THE RS-3 (RESIDENTIAL, SINGLE FAMILY - 3 DU/ACRE) ZONING DISTRICT TO THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1 DU /ACRE) ZONING DISTRICT, BECAUSE .... [CITE REASON WHY -PLEASE BE SPECIFIC] ~ ~ C~ U NT Y '` F L O R I D A Environmental Resources Department Companion Report TO: Planning and Zoning Commissioners THROUGH: Karen Smith, Environmental Resources De artment Director<~~~~ p FROM: Yvette Alger, Environmental Resources Department Amy Mott, Environmental Regulations Division Manager~,~1., DATE: April 26, 2010 11~~ SUBJECT: Petition of Juan Venegas for an amendment to the Official Zoning Atlas to change the zoning from the RS-3 (Residential, Single family - 3 du/acre) Zoning District to the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District. Background The Planning 8 Development Services Department requested Environmental Resources Department (ERD) input on the applicant's request for rezoning approval. Findings ERD findings are presented in the ERD Final Report, which has been included in the agenda packet. Recommendations ERD supports approval of the requested amendment to the Official Zoning Atlas. gnature C0CINTY . F L O R I D A Environmental Resources Department Final Report TO: Larry Szynkowski, Growth Management Department THROUGH: Karen Smith, Environmental Resources Department Director~':.J FROM: Yvette Alger, Environmental Resources Department Amy Mott, Environmental Regulations Division Manager DATE: December 15, 2009 SUBJECT: Juan Venegas Rezoning Application Background This 2.09-acre site is located on Dame Road, north of Edwards Road and west of Selvitz Road. The site is presently zoned Residential, Single-family-3 (RS-3), which allows for a maximum density of three (3) dwelling units per acre. The site is predominately horse pasture with scattered native and non-native trees; no native habitat exists on-site. The applicant proposes to rezone the parcel to Agricultural, Residential-1 (AR-1), which is intended to provide 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 (Section 3.01.03.E). Findings The proposed rezoning is not anticipated to result in adverse environmental impacts. If in the future, subdivision or other site development activities are proposed, the Environmental Resources Department will conduct further review through the site plan or building permit review process. Recommendations Staff supports the recommendation of approval of the Juan Venegas Rezoning application. 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 zl 2z 23 24 25 26 27 2s 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 RESOLUTION NO. 10-031 FILE NO.: RZ 1220094025 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING APPROVAL FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS TO CHANGE THE ZONING FROM THE RS-3 (RESIDENTIAL, SINGLE FAMILY - 3 DU/ACRE) ZONING DISTRICT TO THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1 DU/ACRE) ZONING DISTRICT FOR CERTAIN PROPERTY SITUATE IN ST. LUCIE COUNTY, FLORIDA. 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: 1. Juan Venegas, presented a petition for a change in zoning from the RS-3 (Residential, Single Family - 3 du/acre) Zoning District to the AR-1 (Agricultural, Residential - 1du/acre) Zoning District for certain property situate in St. Lucie County, Florida, as described in Part A below and depicted on the attached map as "Exhibit A." 2. On May 20, 2010, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve the hereafter described request for an amendment to the Official Zoning Atlas to change the zoning from the RS-3 (Residential, Single Family - 3 du/acre) Zoning District to the AR-1 (Agricultural, Residential - 1du/acre) Zoning District. 3. On June 15, 2010, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed change in zoning is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. 5. The proposed change in zoning is consistent with the existing and proposed uses in the surrounding area. June 15, 2010 Resolution No. 10-031 File No. RZ 1220094025 Page 1 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 zo zl 22 23 24 25 26 z~ za 29 30 31 32 33 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed amendment to the Official Zoning Atlas to change the zoning from the RS-3 (Residential, Single Family - 3 du/acre) Zoning District to the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District for the property owned by Juan Venegas and described below is hereby approved. Legal Description: Being at the Southwest corner of the Northwest 1/4 of the Northeast 1/4 of Section 30, Township 35 South, Range 40 East, thence run North 339 feet; thence East 235 feet; thence North 495.5 feet for the Point of Beginning of the tract herein described; thence continue North parallel to the center of McNeil Road 241.5 feet; thence East 395 feet; thence South 241.5 feet; thence West 395 feet to the Point of Beginning. LESS AND EXCEPTING right-of-wayfor public roads and drainage canals. Said lands situate lying and being in St. Lucie County, Florida. Location: West side of Dame Road, approximately %4 mile north of Edwards Road, St. Lucie County, Florida. Parcel ID#: 2430-122-0007-000/1 B. The St. Lucie County Planning & Development Services Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Atlas of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this Resolution. C. A Concurrence Deferral Affidavit, a copy which is attached to this Resolution as Exhibit "B," was signed by the applicant on October 19, 2009. D. A copy of this Resolution shall be mailed, return receipt requested to the owner and agent of record as identified on the application. E. This Resolution shall be recorded in the Public Records. June 15, 2010 File No. RZ 1220094025 Resolution No. 10-031 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 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 After motion and second, the vote on this resolution was as follows: Commissioner Charles Grande, Chairman XXX Commissioner Doug Coward, Vice Chair XXX Commissioner Paula A. Lewis XXX Commissioner Chris Dzadovsky XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED This 15th Day of June 2010. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney June 15, 2010 File No. RZ 1220094025 Draft Resolution No. 10-031 Page 3 i Z~ >, .~ o ~ ` ~ ~ ~~ ~, ~ ~ ~ ~ ~ ~ q L y ~ ~ R •~F~ C ~'+, ~ n N a ~ ~ ~ ~ YATES RD ~ ~ ~ ~ ~ ~.. 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EXHIBIT " ~" St. Lucie County Concurrency Deferral Affidavit ` ~ ~ residin or doing business at ~L LG /y1l~l-. h City State Zip Phone have applied fora ~ ~ from St. Lucie County, Florida, Type of Dev ent Order for the following project: of I do hereby affirm that in connection with my application for the above project, I have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later time, but no later than the application for a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie County can make no guarantee that adequate public facilities will be available when I apply for the final development order. I further acknowledge that according to Section 5.08.01 of the St. Lucie County Land Development Code, no final development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject property. f Signed: - ~ ~~ _ ~ .- ~_~,,.~.~ Date: ;~ r , ~ r~ /"' c'1 1:.~' Applicant STATE OF FLORIDA COUNTY OF ~ • I~rtt ~`~ q The foregoing instrument was acknowledged before me this ~ day of NO ut/Y~ ~20 d 1 , by ~ V~ Y1eq Q S' who is personally known to me or who has produced ~L~ VSaa''~~ ~~ ~ -3~'1 ~ ~ as identification. r~,~l~~ V Si nature of Notary ~~ ~ ~', ~'3 ~ Commission Number Page 1 of 1 -Revised: April 1, 2008 (.tea-{-R-i 2 Er~•~' Co c.L~e~-~ Type or Print Name of Notary (Seal) `oai~ %i%~c BEAlA1Z GOYCOCHEA _„; ~_ MY COMMISSION N DD 691439 - ~ ~;: EXPIRES: July 2, 2011 I~ 4f, ;~`~': Bon800 Thro Notary Public tlndeiwriteis-- - Deanna Givens From: Chris Newman Sent: Wednesday, March 03, 2010 8:58 AM To: Deanna Givens Subject: RE: Banruptcy and foreclosure -Venegas Neither for this one, too. From: Deanna Givens Sent: Wednesday, March 03, 2010 8:49 AM To: Chris Newman Subject: Banruptcy and foreclosure -Venegas Can you please check for bankruptcy and foreclosure for Juan Venegas, parcel ID# 243012200070001. Thank you Deanna Givens Planning Technician Growth Management (:i~•cnsdr~sdneicco.o~~~ 772-462.6426 P'sase Note; Florida has very broad public records Iaws_ Mosi written communications to or from County otficiais regarding Goimty business are public records a~•ailable tc the public and media upon request. it is the policy of St. Lucie County that all County records sha(I be open for personai irspection~ examination and or copying- Your e-mail communications ~mili be subject to public disclosure unless an exemption applies to the communication. if you received this emai! in error. please notify the sender by repl}~ e-mail and delete all materials frnm aN computers. Please Note: Florida has very broad public records la,vs. Most ti;~ritter, communications to or from County o;'icials regarding County business are public retards availab]e to the public and media upon request. it is the policy o. St. Lucie County that ail County records shall be open for personai inspection, examinatian and or copying. Your e-mail Communications vdii! be subject to public disclosure unless an exemption applies to the communication. if }ou received this emai: it error, please notify the sender by reply e-mail ar~d delete all materials from aIi computers. SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. Name: ..~ toca ~. ~~ e. v~ ~~~~ ~. Address:. Q /Gj n.r ,`.U /J S ~ ~..~ Phone: ~ ~ ~- 3 ~ ~ ~- S9 3 s~ Fax: Email: Please indicate one individual to Name: 3MENT3 Agent Information: Name: Address: Phone: Fax: Email: official correspondence on this Phone: Address: Alternate Phone: Email Address: use an address that can Property. Owner Information This application and any application supplement will not be considered complete without the notarized signature of afl property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. %" ~ ~ , rope wne Mailing Address: ~Vt-~~ .,2~'e1c, roperty caner ame not Phone: - If more than one owner, please submit additional pages STATE OF N ~ ~~~ a r4 ,COUNTY OF S-~ • ~ ~~ `e- The foregoing instrument was acknowledged before me this o'ZO day of NO~'e~?~20 Oq by ~UA~ Vt?YIe~A S who is personally known to me or who has produced v I~L~~ VS'Z~• 4aa •"1I-3'4"7. O as identification. (,.v G~ ~e~t-K i2 CSI (s~ olnc~~ ignature o otary ype or not ame o otary ~ b~'1 l ~3~ Commission Number (Seal) ~„~ti• BEA1RlZ~OY000HEA Page 5 of 6 ~ MY COMMISSION # DD 691439 Revised July 14, 2009 EXPIRES: Juty 2, 2011 _ ,~~' BonaeuTlruNoWyPwicunaewiaaa .t ~y~ Project Name: ~J Site address: I.J Proiectlnformation !/~ N~ ~'` '~Z orv~~ Parcel ID Number(s): zy3v- ~2 Z ~ o~~- oaf Legal Description: (Attach additional sheets if necessary -also must be provided in MS Word format on CD) ~.~~ a-~ he ~v h~~ rho ~~ e W l/~i df he IU~ 1 /u 6~ ~e~~~~ 30,~a~v~.s f1~ ~ a~ ~~~~h, ~cw~~,~ e ll~ ~a.~f ~~~ cc rum ~1~r~ t3~9 ¢~e2~• ~he~.ce ~~f 23~ ~~~f ~he~rce IJo` y ~ ~5 ~ 5 ~ e~ ~ ~Ui ~he ~ofn 6~ e -nvt~n c~ -f 'he race ~. ~ o~~SCr; ~eot • -~'h ice Coy. -1-~ ~cce ~`~h ~ ~~ ~ ~ t~rr,~ ~(el ~o ~"k G2w~-e~ v~ ~1,CIUe~~ `~.a~ ~u1.5~ ¢e~ Then.~e ~~.~~ ~~~~f` -~-~.ence so~-Fh ~u(.5 t~~~f; -fhehce (~ s -~ -~o ~h b- - - . Property location - ction/To nshio/Ranoe: Property size -acres: ~ ~ g Square footage: Future Land Use Designation: Zoning District: ~~ - ~~ '~ Description of project: Rezoning ~~m R s-3 ~ ~R-x , so we wocsld be a ~lac,~ed~ ~ h a ve larc~~ An,,n~a~s C~na~scS~ on -~copec-}~, One/ -~. ha~,.e. (Attach additional sheets if necessary) Type of construction (check all applicable boxes): D Commercial Total Square Footage: Existing Proposed: © Industrial Total Square Footage: Existing Proposed: p Residential No. of residential units: Existing Proposed: No. of subdivided lots: Existing Proposed: Other Please specify: Number and size of out parcels (if applicable): Page 4 of 6 Revised July 14, 2009 St. Lucie County Concurrency Deferral Affidavit I, ~ L+~Z Y1 t1 z.v+`.~~ . , res_ idinssor doing business at ~p ~~ /~?>,~'S Name Street City ~ : State ~ Zip Phone have applied fora from St. Lucie County, Florida, Type of Dev ent Order for the following project: I do hereby affirm that in connection with my application for the above project, I have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later time, but no later than the application for a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie County can make no guarantee that adequate public facilities will be available when I apply for the final development order. I further acknowledge that according to Section 5.08.01 of the St. Lucie County Land Development Code, no final development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject property. Signed: ~"~,®~ ~i~~1 Date: ~ C ~~ `7 / C~ U` Applicant STATE OF FLORIDA COUNTY OF Jfi • k.l~ ~`~ The foregoing instrument was acknowledged before me this ~ day of N~V~I(1l~ ~20~ by - ~~~ y'eh~ as who is personally known to me or who has produced ~L~ y~a'~'°~ •7 ~ '~~ ~ ~ as identification. / Si afore of Notary ~'~ ~ ~' ~ ~ 3 ~ Commission Number Page 1 of 1 Revised: April 1, 2008 (tea-~-21z ~~ t,o c.,l~-e~ Type or Print Name of Notary (Seal) •tr'.~ :ryq:•, BEATRIZ GOYCOCHEA .= MY COMMISSION # DD 691439 -•. :, EXPIRES: July 2 2011 ,'~~ R(,.:~`F` BOntlad ThN NOmry PubYc U~dnwnters Supplement 3 Rezoning/Amendment to the Official Zoning Atlas Aaalication Supplement Refer to St Lucie County Land Development Code (LDC) Section 11.06.00 for details z;-------~- Current Zoning: - ~ Current Future Land Use: - Proposed Zoning: - s Acreage of the area to be rezoned: ~ /~ 1. If you are requesting an amendment to the Official Zoning Atlas of St. Lucie County, 2. Please give a statement describing any changed conditions that would justify a rP~nnina~ 3. Please state why there is a need for the proposed rezoning: `T`he 1Gc~c~ ~(`G~ ~~~11 a~~ early C1Cc:~rec~ GnG~ u.~ ~ ~h ~`ln(S~S C'~~ C~~(~~~~'.; ~~Y~- i~~e~ ~\n~2 C~)cce:~~ 7~~~~~~G -~S-~ ~~cses o:, ~e \a~,d. 4. Please state whether and how the proposed rezoning is._consistent with the St. Lucie County Comprehensive Plan: 12 ~rn..~P C~ ~~-~. C~ t r 5. Please give a statement outlining the extent to which the proposed amendment: A) Is compatible with existing land uses; -the c e c~c e. o~~e r \ ~ nG~ ~'Se~ ~n ~~ a~ e ~n e S~ ~ ~ ;N \ ~.~ ~ ~ ~~ ~ Same ac e a Page 1 of 2 Revised: June 19, 2008 state whether the proposed amendment is in conflict with any portions of the LDC. Supplement 3 B) Affects the capacities of public facilities, including but not limited to transportation, sewage, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical service; ~e~e. 6. Please explain the applicant's nterest in the subject property; t' Q 0.0~u 1 +1 G` n.nl ~ ~ Cants 7. Please include-such other information or documentation that may be deemed necessary or appropriate to a full and proper consideration and disposition of this particular application. R R-1 ~-`+JC comes a~1 ~e-~,~=toc, w t-~ s~~~a~res -~;,r~ ~~~~ ~ ~ Y~~ ~re_~rn~S S~.t t:l c~ '~'ln Ct ~ '~ eu t ~ K~c ~1d +(10~" ~(1 G~>JC~ GZ ~G~tb~M~ `'-'~ ,~ ~ ..., _ Please Note: This Rezoning Application Supplement will not be considered complete without the Development Application, complete with notarized signatures of all land owners, giving their consent to the filing of this application and supplement. rl V o- ~ l l ~/~ ~_q o. ~ Applicant or Agent Name (Printed) ignature Page 2 of 2 Revised: June 19, 2008 `c1 n c SeS . C) Affects the natural environment; (If no adverse impacts expected, please state why.) O~,\" (~ ~rn c~ x t rv~u ~, ~ ~ o hocses wo ~d Ise o ~ D) Will result in an orderly and logical development pattern; ueS E) Will adversely affect the property values in the area; This Document Prepared By and Return to: St. Lucie Title Services, Inc. BOO .Virginia Avenue, Suite 47 &ort Pierce, FL 34982 CH 130X #160 Parcel iD Nurober: 2430-122-0007-000/ 1 V6~arranty Deed This Indenture, Made this 7th day of October , 2004 A.D., Between Raymond L. Harless and Pamela G. Harless, husband and wife of dw County of St. Luoie , .State of Florida ,grantors, and Juan Venegas whnae eaaress is: 3019 Midas Lane, Fort Pierce, FL 34982 of the County of 8t. Lucie , State of Florida ,grantee. W itnesseth that the GRANTORS, for and in comideration of the sum of _ --TEN DOLLARS ($10) ----------------------- DOLLARS, and othu good and valuable considuation to GRANTORS in hand paid by GRANTEE, the receipt whereof is hueby aclmowledged,-have granted, bargained end sold to the said GRANTEE and GRANTI~S hcvs, successors and assigns forever, the following described laod, situate, lying and being in the County of S t . Lllcle State of Florida [o wtt: .Being at_the Southwest corner of the NW 1/4 of the NE 1/9 of Section 30, Township 35 South, Range 40 East, thence run North 339 feet; .thence East 235 feet; thence North 495.5 feet for the Point of Beginning of the tract herein d®scribed; thence continue North parallel to the center of McNeil Road 241.5 feet; thence East 395 feet; thence South 241.5 feet; thence West 395 feet to the Point of Beginning. LESS AND EXCEPTING right-of-way for public roads and drainage canals. Said lands situate lying and being in St. Lucie County, Florida. The property herein conveyed DOES NOT constitute the HOMESTEAD property of the Grantor. The Grantor's HOMESTEAD address is 3171 W. Midway Rd., Fort Pierce, FL 34981. Said property is vacant and unimproved land. and the grantors do hueby fully wamnt the title to said land, and wilt defend the same against lawful claims of all persons whomsoever. In Witness Whereof, the grantors have hereunto set thew hands and seals the .day and year first above written. Signed ea and delivered in our presence: ~\('~}~/J o [/p //// Print ~: ! ~ 1~" Ra toed L. Harless Wi tneS 8~ ddress: 3171 W. Midway Rd., Fort Pie ce, FL 34981 i (Seal) Printed Name: Pamela Harless W1tneSS P.O. Address: 3171 W. Midway Rd., Fort Pierce, FL 34981 STATE OF Florida COUNTY OF St. Lucie The foregoing instrument was acknowledged before me this 7th day of October. , 2004 by Raymond L. Harless and Pamela G. Harless who are personally known to me or who have produced their Florida driver S ~ CenSe 'ks identificati~ ~~! neL'~.~ ^FJJtABETHMOiiAN Printe ame: ;'~~~ '~` M~'~COMNISSIONYDD265106 - r t:l(PIRES: March &, Zoos Notary ublic ~'%1;q~`= aanmem.noaynucu,~a,,,.,s„, MyCommission~ fires: - 4439 a~cwvuc~,ar~ Law G•awaaed byO niap4y Syauma, tee. loot p6r)761-5551 Fwn FLWD-1 TAX PRORATION AGREEMENT The undersigned hereby acknowledges and agrees to the following Taxes aze, of necessity, an estimate and aze based on the previous year's taxes or best calculated figure based on Irnowledge at the time of closing. The below signed parties agree, that in the event the. current real estate taxes vary in amount from the figures used in making the hud closing statement prorations, then a new proration and a correct and proper adjustment will be made upon demand, said adjustment shall be entirely between the parties. Dated: October 7, 2004 ~an Venegas oifd L. Hatless ~,, ' Pamela G. Harkss Section 3.01.03 Zoning District Use Regulations 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(8). 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. rsss> 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. rsss> c. Single-family detached dwellings. ~sssf 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 ro~z~ b. Family residential homes located within a radius of one thousand (1000) feet of another such family residential home. rsss> c. Industrial wastewater disposal. csss~ d. Kennels -completely enclosed. co~sz> e. Landscaping & horticultural services ro~e> f. Retail: (1) Fruits and Vegetables. tsa3~ t;`g: ~ Riding stables. pass) Veterinary services. toy<> i Telecommunication towers -subject to the standards of Section 7.10.23 csss> Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the following: Adopted August 1, 1990 101 Revised Through 08/01!00 Section 3.01.03 Zoning District Use Regulations " ~ a. Agriculture (farms and ranches accessory to single-family detached dwelling). ~o,ro2y Ob. Animals, subject to the requirements of Section 7.10.03. cs9ei c. Guest house subject to the requirements of Section 7.10.04. ~~~ d. Mobile Home subject to the requirements of Section 7.10.05. ~~> e. Retail and wholesale trade -subordinate to the primary authorized use or activity. Adopted August 1, 1990 102 Revised Through 08/01/00 ~` ~~ S ~~I ~~~ ~~ 1~~ ~~9 7---~°-~-~---~-c~-~~'__--add-r~~'S---- ~~2-~ S ~~12~_~`-ce-`'~ _- _-~1_._~-FT-...` ----- - - ---------------------- ------... ------- --- __ __..---- - - _ _ --- __ __- ___ __ _ - - ___ r __ _ __ l ~o ~v __ _ '~6/f~ - _ _ -- - _ _ -_ --- - _ _ _. ~ ~~ ~~ ~ ~ i __ ~" i ~. • y ~ fc~-~ f~~l'~s e _ 3//S -- - ;~ 191 F ~ c~ __ _ _ -- - -- ~- -- 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(8). 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. Permitted Uses a. Family day care homes. c~> 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. csssl 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 corn b. Family residential homes located within a radius of one thousand (1000) feet of another such family residential home. csss> c. Industrial wastewater disposal. csss, d. Kennels -completely enclosed. co~sz~ e. Landscaping & horticultural services co~e~ f. Retail: (1) Fruits and Vegetables. cs<sJ g. Riding stables. c~999~ h. Veterinary services. co~4i i Telecommunication towers -subject to the standards of Section 7.10.23 csss) 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). co,io2~ b. Animals, subject to the requirements of Section 7.10.03. cs9sl c. Guest house subject to the requirements of Section 7.10.04. csss d. Mobile Home subject to the requirements of Section 7.10.05. csss> e. Retail and wholesale trade -subordinate to the primary authorized use or activity. St. Lucie County Land Development Code Adopted August 1, 1990 3 - 11 Revised Through 05/15/04 0 •L W V ~ r ~ ~ Q ~ 2:1 ~Wb'a Z~ 0 A~e N ` ~ ~ N ii55 = a~ ~ ~~ ~ W '~(~ a ~ ~ °. a 0 0 y--------o ---------ti ~ i i i ~ ~ i ~ N ~ i i i i ~ ~ ' ' o O ~ ~ ~ i i ~ ~ ~ ~ i ti O~ ~ i ~~ i i ~ N ~ i ~ i i ~ ~ ~ ~ ~ ~ N ~ ~ tQ i ~ ~ ~ i i y ~ ~ i ~ _ E ~ r a~ ~ ~ ~ ~ ti L.__.._.._. I ~, a ~x ~ ~ ~ LIJ O a __________________~ o ~_ ~o ~ Y ` O ~ ~ d _~ Q 'd 7 ~ 7 U .Q ~ ~ r r ~ ~ Q~ C/1 Q Q ~ ~ ~ ~ RS-3 RESIDENTIAL, SINGLE-FAMILY - 3 Purpose The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum density of three (3) dwelling units per gross acre, together with such other uses as may be necessary for and compatible with low density residential surroundings. The number in "Q" following each identified use corresponds to the SIC code reference described in Section 3.01.02(8). 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. Permitted Uses a. Family day care homes. cs9e) 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. c9~~ c. Single-family detached dwellings. c~s9~ 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with 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 Family residential homes located within a radius of one thousand (1000) feet of another such family residential home. ,999 Telecommunication towers -subject to the standards of Section 7.10.23 csee~ 7. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00. St. Lucie County Land Development Code Adopted August 1, 1990 3 - 15 Revised Through 05/15/04 zQ o •L o y M ^~ W ~ ~ U ~ ~ N ' °~ ~~ a w ~ ~ ~ a ~ w ~~ o U ~ Q o o `^-~` N ~ ~ LL d?j 3Wb'd w.+ N O X u, W ~ ~ o N ~ Io O ~ z n` T A I'~ Q ~ (C 0 ~ iQ ~ N ~ ~V I ~ ~ o U +-' L N ~ ~ ~ ,~ ~ ~ ~ ~ .` ~ 1 ~ J -a "a N ~ z ~ ~ ~ ~ ~ E E z o ~ ~ 0 0 ~ w ~ ~ ~ ~ M N ~ Y = U ~ ~ ~ ~ ~ ~ d2! 113N~W ~' ~' ~ a .~' N o -~ ~ a ~~ U ~ ~ N N "d ~ ~ ~ I I I ~~., BOARD OF COUNTY COMMISSIONERS Notice of Violation St. Lucie County Code Compliance Division `~{ PUBLIC WORKS DEPARTMENT 2/1612009 JUAN VENEGAS 3019 MIDAS LANE FT PIERCE, FL 34982 Case number: 61848 1. Pursuant to Article III of Chapter 1-2 of the Code of Ordinances of Saint Lucie County, Florida, you are hereby notified that the following violations appear to exist on the property described below: LOT NEXT TO 3091 DAME RD FT PIERCE, FL 34981 Tax ID number:243012200070001 Legal description: Please see attached Violation description: Please see attached 2.The violation must be corrected by:3/2/2009 3. Failure to correct the violation may result in the scheduling of a public hearing before the St_ Lucie County Code Enforcement Board. The Board is empowered to levy a fine not to exceed $250.00 per day for each day the violation continues past the date set for compliance. A fine not to exceed $500.00 per day may be levied for a repeat violation. The fine(s) may become a lien upon the real or personal property of the violator. The Board may impose additional fines to cover costs incured in enforcing the rn~iac 4. When you have corrected the violation(s) or should you require any additional information regarding thi tice, please contact the St. Lucie County Code Compliance Division at (772) 462-1571. ~~ ~ ~~ D ielle Williams Code Compliance Phone:(772) 462-1553 Fax:(772) 462-2522 If you need assistance in complying with a Code Enforcement Violation due to age, health, financial burden, etc., we may be able to help through our Community Service Department with groups such as the N' Team. You may reach the Community Service Department at (772) 462 -1777. Atencion: Documento importante con respecto a sus derechos y responsabilidades. Si usted no comprende ingles consiga traduccion inmediatamente. 2300 Virginia Avenue, Ft Pierce, FL 34982 Public Works: (772) 462-1571 FAX (772) 462-5214 ~~ Violations found on case 61848 Ordinance 3.01.03 (I) SLC LDC RS-3 RESIDENTIAL, SINGLE-FAMILY Finding PLEASE CEASE RUNNING A BUSINESS FROM THE PROPERTY. ALSO, THE HORSE IS NOT PERMITTED IN RESIDENTIAL ZONING. Ordinance 8.00.03 (F) SLC LDC Particular Permitted Accessory Structures Finding PLEASE REMOVE ANY ACCESSORY STRUCTURES FROM THE PROPERTY. THEY ARE NOT ALLOWED WITHOUT A PRIMARY STRUCTURE. Monday, February I6, 2009 Page I ojl Property Appraiser - St.Luf ie County, FL r ` ~ i Juan Venegas Record: 1 of 1 Property Identification Site Address: TBD Sec/Town/Range: 30 :35S :40E Map ID: 24/30N Zoning: RS-3 Ownership and Mailing Owner: Juan Venegas Address: 3019 Midas Ln Fort Pierce FL 34982-6272 Sales Information Date P rice Code Deed 10/7/2004 218000 00 WD 7/12/1995 30000 01 WD 6/1/1986 27900 00 CV No Sketch ~Talable N~ Ir~~ Exterior Features View: - RoofCover. - RootStruct: - ExtType: - YearBlt: Frame: - Grade: - EffYrBlt: PrimeVJall: - SioryHght: - No.Units: SecWall: - Interior Features BedRooms Electric: - PrmintWali - FuIlBath: HeatType: - AvgHt/FL 1/2Bath: HeatFuel: - Prm.Flors - %A/C: %Heated: %Sprinkled: Special Features and Yard Items Land Information Type Y/S Qty. Units Qual. Cond. YrBlt. No. Land Use Type P~1easure Deptn 1 0000-Vac Res 563 -Acres 2.09 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED Page 1 of 1 PROPERTY RECORD CARD «Prev Next» Spec.Assmnt Taxes Exemptions permits Home Print ParcellD: 2430-122-0007-000-1 ,~LtiCJE ~'GG Account #: 32759 ~,~ _~ ~ ~ ~ ~.~~ Land Use: Vac Res City/Cnty: ST. LUCIE COUNTY ~~, ~~ l Legal Descriptions 30 35 40 FROM SW COR OF NW 1/4 OF NE 1/4 RUN N 339 FT, TH E 235 FT, TH N 495.5 FT FOR POB, TH CONTN More... Assessment 2008 Final Total Land and Building Book/Page 2008 Final: 104500 Land Value: 104500 Acres: 2 2075 / 0369 Assessed: 104500 Building Value: 0 0965 / 1815 Ag.Credit: 0 Finished Area: 0 SgFt 0503 / 1935 Exempt: 0 Taxable: 104500 Taxes: 1990.87 BUILDING INFORMATION http://www.paslc.org/prc.asp?prclid=243012200070001 2/16/2009 r'~ s...A ti ~ ~ v~~. .., ,~. . s.- Form 08-47 PLANNING AND DEVELOPMENT SERVICES PLANNING DIVISION PUBLIC NOTICE SIGN CONTENT Project Name: Applicant/Agent: Juan Venegas Rezoning Juan Venegas RZ 1220094025 Public Hearing Body Public Hearing Date: Planning and Zoning Commission May 20, 2010 Board of County Commissioners June 15, 2010 This Sign must be installed before April 30, 2010. Required sign content: Heading: NOTICE OF PUBLIC HEARING Body: Petition of Juan Venegas for an amendment to the Official Zoning Atlas from the RS - 3 (Residential, Single Family - 3 du/acre) Zoning District to the AR -1 (Agricultural, Residential - 1 du/acre) Zoning District. The meeting is to be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida, on May 20, 2010, 2010@ 6:00 p.m. or as soon thereafter as possible before the Planning and Zoning Commission and on June 15, 2010 @ 6:00 p.m. or as soon thereafter as possible before the Board of County Commissioners. Copies of the petition are available at the front desk in the Planning Division, County Administration Building, 2300 Virginia Avenue, Fort Pierce. If you have any questions please call the Planning Division at 772-462-2822. AFFIDAVIT COMPLIANCE WITH POSTING OF NOTICE REQUIREMENTS STATE OF ~ (~Id ) COUNTY OF ~ .t~~l~ ) • ~'' ,being first duly sworn deposes and states: 1. I am the owner or the agent ~ ~ ~ (insert owner's name) for the following petition: ` ~ / (insert petition number). 2. I hereby certify that I have complied with the notice requirements set forth in Se n 11 00.03.E of the St. Lucie County Land Development Code for the • ~ (insert date) public hearing to be conducted by the v ~ (insert entity name) on the above-referenced petition. The r uired sig was printed and posted to the specifications listed on the Sign Content and i Requirements forms provided by St Lucie County Planning Divison on ~~~v~~u7~tiate). The following required documentation is attached: A. Dated Photo (Close up) ~- B. Dated Photo (Distant) Further affiant sayeth not. STATE OF ~1~ tC+ ) COUNTY OF . ~ Le c ~~~ ) ,cam ~'~ (Name of Affiant) / The fore oing instrument was acknowledged before me this ~ ~ ~ day of 20fv~ , by ~ ca ~ Said person (Check one) is personally known to me, ~ produced a driver's license (issued by a state of the United States within the last five (5) years as identification, or produced other identification, to wit Typed or Printed Name of Notary Commission No.: ~~ $72 My Commission expires:N'~~;~ MICHELLE D. f{yLTON ,~*1 !~ :°. • . ,~~ MY CDMMISSIDN gDpg40472 EXPIRES: NOV 23, 2012 an4~ Bonded throu9ft 1stState Insurance ~~ ~~~~ ~. ~-~ V ~~ ~+~t~E'~1. 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M M ~y N O v m a Planning & Development Services Department PLANNINGAND ZONING COMMISSION PUBLIC HEARING NOTICE Juan Venegas Rezoning John Doe 2300 Virginia Avenue Fort Pierce, FL 34982 Public Hearing Date: May 20, 2010 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue Ft Pierce, Florida 34982 Time: 6:00 PM Applicant Juan Venegas Agent N/A Property Location West side of Dame Road 1/4 mile north of Edwards Road Zoning RS-3 (Residential, Single Fam- ily -3 du/1ac) Future Land Use RU (Residential Urban -5du /1ac) Staff Recommendation Forward to the Board of County Com- missioners a recommendation for Board adoption of Resolution No. 10- 031 granting approval. Oran a Ave N ~ A ~ ~ ; - Sub,ed Pr~VertY VV inia Ave \ Y ' ~ - D m I E ~ ~ ~ ~ ~~ °It= \c. Edwar d ~y ; a ~ N , m ~ oh y / ~ GJ y rv VI " N e + O~ ~Midwa Rtl ' S-3 " ~ i~T - 0 ~~~, - H!'PPIFIES SST RS~3 Rg_3 ~ ~ t R$-3 , - -.- -{~}- -- ~ - soo n. i t ' ~ , RS-3 ; _ ~ A E S RD a z v ~ i ' AR-1 R1 R4 ~' 'a~ R2 i E3 RS-~ I ~ I I _____ ®SUblect DfOpeny St. L k Ctwnly Z Ing FL PN Z g N - - AR t AgrcWttaal R stleM'al (1 tlWac) E3 - R tl 1 I S-ogle F ly (3 tlu/ ) - , t500h nOIIflCal on area I-I ItW 1 R1~S gl F - L D - - RS 3 R sitlential S gle Family (3 tlWac) R1 ~ S gl F N Inl med b (Dens ty (5 tlWa<)~ ~Ft Ple rce Ciry Llmlts __- Ra-Memum DereryRes~tlernal(totlwaq Location: West side of Dame Road, Approximately 114 mile North of Edwards Road. Public Hearing Description The St. Lucie County Planning and Zoning Juan Venegas petition for a change in zoo- Commission has the power to review and ing from the RS-3 (Residential, Single Fam- recommend to the St. Lucie County Board ily-3du/1ac) to the AR-1 (Agricultural, of County Commissioners, for approval or Residential) Zoning District for 2 acres of disapproval, any applications within their land on the west side of Dame Road north area of responsibility. of Edwards Road to accommodate the pro- posed single family home and barn for 2 All interested persons will be given an op- horses. portunity to be heard. Written comments received in advance of the public hearing Background will also be considered. Written comments The Code Compliance Division had cited to the Planning and Zoning Commission the petitioner on February 16, 2009 in should be received by the Planning 8~ De- Case #61848 for operating a business from velopment Services Department -Planning the property and keeping a horse in the RS Division at least 3 days prior to the sched- -3 Zoning District. He was also cited for uled hearing. Further details are available having an accessory structure without a in the Planning Division-please contact: primary structure. He has since removed all commercial vehicles from his property. Staff Kristin Tetsworth Phone 772-462 6455 On March 4, 2009, the Development Re- Email tetsworthk'~~ :~ . ~ - view Committee certified the application to Mail Planning 8 Development Services move forward to the next step in the Bevel- Planning Division opment review process. This rezoning 2300 Virginia Avenue would permit the petitioner to apply fora Fort Pierce, Florida 34982 building permit to construct a house and horse barn 100 feet from the property line . _ :_ _ .~ ~: ,. _.u .C,_.., 1_..;'~C•r _~ ._,.,, ._ <.. ii ,Ja: _: ~., ~ v.:C « .wit v...v.f :~1'~. "., - v~~.. ._ ._ ... ..... ., __.,5. .. ., LESS AND EXCEPTING right - of -way for public roads and drainage canals. Said lands situate lying and being in St. Lucie County, Florida. d C H ~ Z ~ W '`L C r W H Q Z Z ~ Q = J C ~_ ._ O O L V m C `0 a J O to to ~ a Ql C 0 IV L t0 C to a~ tl Z ~' C a C 0) ~ U ~ ~ ~ U Q cn D r Sit o 3 N r ° x otf N N m z a E o ~ -p to N p Q ~ cn U f~w1 ~ ~+ 7 0 r ~ ~ - ~ ~ ~ a N ~ ~ '~ M 0 'vJ L' w -j O •~ ~ ~~ - z ~ a B10 • SCRIPPS TREASURE CDAST NEWSPAPERS • FRIDAY, APRIL 30. 2010 • Sl Parking ticket offenders could face boot BY JEM TURNER avoid paying [heir padchLg "We have 23 cars that ate downtown parking space to iimturner~scripps coin tickets by driving a differ- heotable and we re probably 5250 for a vehicle illegally STUART - As the city en[ roc going to have few more," being parked in a handi~ seeks to recoup 551,990 in "lt has come [o our attm- said Sgt. Marty Jacobsen, capped zone, three indi- outstanding parking fees, Sion that perking violamrs spokesman for [he Stuart viduals -whom Jacobsen police now can clamp a have been using multiple Police DeparVnent called "parking violation metallic hoot to anyvehirle vehicles that they own or, in Once on, thebmtremains sociopaths"-accounted ownedbyaperson withfive some cese,are purchasing in place for three days, for 59,982 worth of those unpaid hclrets. anew vehicle to avid pay- unless the offender pays unpaid tickets. Previously, the Doo[, ing the parking violations thefine ands 5100 removal Jacobsen noted fines ran which prevents a vehicle [ha[they have obtained;' fee, before [he vehicle is be doubled after t0 days from moving forward or according to paperwork cowed. and the names of irLdividu- backward, could only be Chief Edward Morley pre As of Wednesday, police als with three outstanding placed on a vehicle for rented to the City Commis reported theta were 2,180 tickets ate sent to the score which ^ve or more tick- Sion on Monday outstanding unpaid pazk- Division of Motor Vehicles ets have been issued and Tile boot, a Rhino vehicle ing tickets in the city at a so they cazi [ renew theirrar rernaln unpaid. immobilizes, is only placed collective value of 551,990. or driws's licetue. Anaddi- The reason, according m on a rice of a vehicle with With ticketsrangingfrnm bona] 15 percent adminis~ city paperwork, B that some five unpaid tickets since 525 for a vehicle remaining tration fee is added to the people have found ways to 2005. beyond three hours in a cost by the DMV VOLUNTEER OPPORTUNITIES DATED RESSB amNManlan MarIM Raley For lxN of aauM Eeoayrtwm/ Eanl6ll Martku VduNeer Team A4uarkyn Mteryrtter to assist RecWament DnMf needed. B65 punt[ Mtoucn tank. Also S.E. Momerey Commons Blvd., reeding, monitarbg saRV2ter Stuart, l6 nWra/rRek, mmugn awana-Ages 1B+. 62O Seamy Mb L (7M) 287-7467; tai Dr. Fart Reree. rymlt@v.e0u; Savardpcancer.org. (772)d65-3777. N.aRn car LN. N.akn car: vdumeers to nab set uD, take ATTRACTIONS Gown epMNrlml, man water Burt Rgndq Mwwm stations, M}armatim nodns, and Igtkuta For mm aeM coordinate tames. Ages 15+. ilNatrt Vdllmeers nee08tl Eastport Plaza, across hifm Pon for ~dayS.Sl~s APPy: S[. Lucre Clvic Center, May 1. vduntees@bilt.olt u5.1 rt (TT2) 398-2920 a#. 398. mdamwvn Road, Jupiter (561) GwNlan ad LNwm 7439965. pregnm: VOwrlteer traldrlg Florida OeaanoaraWlk Ages 19+. Sea N.w tlaversay Couhl cNlawr: BNd., Suite 600, Port St Lucie, 9 PIIUC IMUCatian. FlOritla m. May a. Reserwtion (772) OcearwgraMlc Sodey, 89D 6717225; 8uardwudMem.org N-E. Oman Bhd., Stuart. amlNwnlan MaeNq 872)225-0505 eb.1W; Ecawya]wms EanINN: ROnOaocgrbgrapltic.org. VdUmeers to assist start wim 1NatNeota 9otaealcN stood, Dudk programs. assitt Cardona: 210 SMIIrn11 Road, visitors, Help wRn anwal C2 e. FM Perce, 9 a.m.-noon, Ages t6+. Sr. Luce County Mledrcs0ays. (772)164-4612; MarkM Center, 420 Seaway MxnWebotikaMgerdeM.o15. Drive, Fort Recce, 70 a.m ~4 D.m., May 4_ (772)463x3271; ryancLDSi.edu. ANINULB All-pan Rgew: Footer homes sougm tor' anRnals. Appy. allpetrescue.rAm. DomlaN'a Gt Rgeua LaaWN: Feedin8. socahzatim, roster na„es. Pam CRy (772) 781-5592; OOminosnouse.org. NumauN aspeNb o/ n LueN counb: SneMr nab. on~see atlaptlan events. f 772) 46T~OG81 en. 224. Business owners accused of enslaving Filipino workers BY MN7EAEL UFORGU goverrunent. Palm Beam Eros[ As owners of Quality Already fighting aloes- Staffing Services Corp., suit filed by the Florida Manuel and Baldonado Attorney General's Office, pressed about 39 Filipino two Boca Raton business nationals into slavery in owners accused of press- South Florida, forced them ulg Filipino workers into to sleep on kitchen and slavery now are feting fed garage floors, fed them cot erel criminal charges, Pros- ten vegetable and chicken ecutors said in documents innards and threatened unsealed today to have them deported, A federal grand jury in according to documents West Palm Beach las[week filed by Assistant U.S. indicted Sophia Manuel Attorney Shaniek M. and Alfonso Baldonado Maynard. Jr. on four counts of otga- Manuel and Baldonado nixing a forced labor planned for and committed conspiracy, organizing a the crimes between June document servitude con- 2006 and February 2008, spiracy commining visa when 13 workers ran away fraud and submitting false from the operation, pros- written statements to the ecumrs said ST. IUCIE COUNII' PLANNING AND 10NING COMMISSION PUBLIC HEARING AGENDA , May 20, 2010 NOTICE OF PROPOSED TONING DISTRICT CHANGE Tea H. L[tla caal4l FNMM aN 2MM C4mm1vIM 1[NM[tlN Y rniq FM IsW[ rvwm[aWIwR M[MM wa IaIwIM Nam /MNN1W N tN N/Ikw1 Nr Neplap q Na awn n CaalaY twMalvlMn at a. LM[ Cway. FMM[. N IvNMSn. RE{BLUnMI Ro. roan A RE{aurlal a tRE aOAW M wuan raMMISMINUS BE sr. WuE COwrT 6RMnRC AN/ W YAt f OR AN AMEIgME11r i01NE On1GAL 20NIM6 A1LM TO LNMGE TNF ZOaM6 FIIOM 1ME RS] tRE{eEltnAl. SIa6lF FMIIIY - 1 W/IA6RE1 ZOaR6 n{iRItT /n THE 8141 IA6NgILmRAI, REMOEATIN - , atulAnxl 2aM116 p{iRICT fOR CERTAw pROPERIY {Ilwn IN {T. WOE COIIIIIY, Rp11M. 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M. or a soon 1MnaMr a Inaabk_ M 'marMtl Nrvm wit M pion an pppanunq b a Mad. WrMm c«mwa rxneea w Nnrce of we Now MaYNip wal tlap a comaww. wrma cammems b w. Rambp am mnkq comminion moub N rare'nwtl q we PNnn[p a olwbpnem Servius DepvlnMnt ~ %mM9 D"Nbn m fast ] MYS prw to tlu unedlk nrdM. TM Nakm tik s aaYMe for raww at ew PNranp Owtlion cake Ipuwtl at 2300 Virginia Awnw, 2' Fb«, Furl Pwce, RoMa.4unM rpWrnanvs Murs. PWSe aM n2N62-2e22 or TpD n2/162-112e a yes Nve uy' pustbm or npwe aeaNpal momuopn. ine SL Luce Camry PkmiM aM 2onip Commssbn Ms Me powr to rw.ww uq raromm[ntl n 1M Sc. luck County BwN n Lounry L9mmksbners, t« apwowl «3waawn. [q appkNm Mnm m« aru n ,ala«nmNy 1M w«wtlm n tM PlvrwN mtl ZeraM LommianN art a1 4rodu4y ncorNtl. w -mr ro a.mm xw nos n.ml. oar... n a prwn 3acbn w appnl aq 4edNm nude q tM PNmbp ama Z«wq LomrllNabn win rnpMtpa+ry comes c«nbwN tl a Ineetnp or ManM, M or me wal wk rx«e n me IRpwMnas. 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Foster the next generation of readers. ~~ y~Ne (Isn't the next generation of readers cute?) They may be cute, but they have to be tough. The next generation of readers must thrive in an increasingly competitive world. Local teachers know that newspapers can be a valuable tool in their students' preparedness, and they use Scripps Treasure Coast Newspapers as part of their classroom curriculum. Individuals and local business partners provide the newspaper at no cost to the teachers or schools.Through Newspapers m Education, you can help, too. We're looking for Adopt-A-Class sponsors for the to spongors`. following St. Lucie County schools and organizations. (Shown in red.) Allapattah Flats K-8 School Fort Pierce Central High School Momingside Elementary School St. Lucie West K-8 Marie Butt Attil Desaf, MD Samos Piowaty St. Lucie West Centennial High School ARC of St. Lucie County Fort Pierce Magnet School Por[ St. Lucie Women St. Lucie Elementary School Bayshore Elementary School Fon Pierce Westwood High School of the Moose 1236 Treasure Coast High Sclyool Anonymous Defivitcly Different Homc Repairs, Ra Mae Roback In memory nj Geraldine Brown Boys & Girls Clubs of St. Lucie County In memory of Lnri Attison ,Singer Northport K-6 ViOage Gran Elementary School CA. Moots K-B School Garden City Elementary School Oak Hammock K-8 Tamara Williamson Dale Cassens School Gulfsrream Goodwill Pace Center for Gvls Weatherbee Elementary Selaoo] Dan McCarty Middle School Indian Hills School Palm Pointe K-8 - Trediuon Port Pierce Exchange Club St. Lames Academy Indian River State College Anonymous West Gate K-8 Pilot Club of Fort Pierce John Carmll High School Parkway Elementary School White Ciry Elementary School Data House Lakewood Park Elcmcntaty School Sacgwn & Sons Constracrinn Windmill Point Elementary School Delaware Avenue School Seacoast National Bank Pon St. Lucie High School Port Pierce Elks t 520. Eckerd Intensive Halfway House Lawnwood Elementary School Project Rock South In memory of Robert Kennuiy Eckerd Leadership Group Lincoln Park Academy Quan Townsend Headstan Fairlawn Elementary School Manatce Academy K-8 Rivets Edge Elementary School Rilbum Bail Bonds Estate, Trust $ Elder Law Pirm Samuel Gaines Academy K-8 Fx. Swat Elementary School Mariposa Elementary School Savmna Ridge Elementary School F'loresta Elementary School Port St. Lucir. Elks 2658 SouNern Oaks Middle School Special Thanks ... ForestGrove Middle School Reta M. Johnson, In memory Southport Middle school SFttl ~ T Taylor Caek Optical of Miclraet P. McMahon I ~aE~ ~"!$t Adopt-A-Class in the local school of yoltr choice or make a donation of any amount. ~.. ~,. Adopt by mad, Adopt online through www.tcnie.com, Adopt by phone: Call Jessica Polzin, NIE Coordinator at 772-461-2050 x4758 "'"°'"'""" Send completed form to: Jessica Polxin, Scripps Treasure Coast NewspaperslNlE, P.O. Box 9009, Stuart FL 349959009 ~" [lame ^ pmaw uq mr cprdbEukon wnwre a is mtlct m..dm--and tat me Craw. Q r „w, b nmrb -. Aadreaa ^ I wane tike m adopt a sass k the ralawrg scnoa. a1p"r"u1°~~ city Slate_Zip Code ^ I wwienl mein ~~~ to w in hones o/ ~ya Pnax Email ^ Please cmar9e my credo cab. CC N-. Ems. Kristin Tetsworth From: Kristin Tetsworth Sent: Friday, April 30, 2010 11:53 AM To: 'lowell sasser' Subject: RE: re 10-031 Goodmorning Mr. Sasser, We are in receipt of your comments. Thank you for participating in the development review process of St. Lucie County. In regards to your concerns over the frontage requirements, in the AR-1 zoning district, the minimum road frontage requirement is 30 feet in width. It is also 30 feet for the current district of RS-3. The lot width requirement for the new district he is applying for is 150 feet in width. The existing zoning district of RS-3 only requires the lot to be 75 feet in width. The parcel owned by Mr. Venegas is 241.5 feet in width and is 360 feet deep. Therefore, he is in compliance with both his existing zoning district as well as the district he has applied for. Please feel free to contact me with any other questions you may have. K~r!sti,v~. -retsworty .S°Vi.l,C4' PLG~wv~,e~r St. ~uc%~ Ce. l~~av~w~ v~,a~ ~ Dwoi.OPw~.ewt Sew%ces ~20o v~, ~%w%a Avev~,ue fit. Pi2E~C°, ~L~r%da 34~~':t y;~~.~-6~.~-4 ss tetsworthl2C?stLuc%eco. ov From: lowell sasser [mailto:lowe11001@msn.com] Sent: Friday, April 30, 2010 11:14 AM To: Kristin Tetsworth Subject: re 10-031 It would be prudent to advise Juan Venegas that he needs 200 foot frontage for compliance. He should be further advised his property is in jeopardy of being annexed tomorrow by the city of Ft. Pierce. If he encounters little opposition now he may find trouble with residents who detect odors and encounter the dreaded horse fly. He and the county will need to police the situation closely. Old adage: be careful what you want. Lowell Sasser 3124 McNeil Rd Ft Pierce, FL 34981 C o u ~T y F E. O R [ D A ITEM NO. VII-K DATE: 7120/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING (X) LEG. ( ) QUASI-JD (X) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Planning and Development Services Department SUBJECT: Rezoning Request- Juan Venegas. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PRESENTED BY: Kristin Tetsworth Senior Planner PREVIOUS ACTION: June 17, 2020 the Planning and Zoning Commission voted 8-0 to recommend approval. RECOMMENDATION: Board adoption of Resolution No.10-031 granting approval of a rezoning request from RS-3 to AR-1 as outlined in the agenda memorandum. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Comm. Coward Absent CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures ~~~~ ~~ County Attorney (X) n ,~ County Surveyor (X) ot;.,/~' Dan I S. McIntyre I~~.-+~r y . ~ County Engineer (X) '~~~ Michael Powley Originating Dept. (X ) Mark Satterlee Purchasing ( ) Ron Harris •< ERD (X ) ren Smith OMB ( ) Marie Gouin Melissa Simberlund - f - i • AGENDA REQUEST CONSENT ( ) TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: BOARD OF COUNTY COMMISSIONERS Planning and Development Services Department ITEM NO. VII-L DATE: 7/20/10 REGULAR ( ) PUBLIC HEARING (X ) LEG. ( ) QUASI-JD (X ) PRESENTED BY: Diana Waite~~'~' Senior Planner Conditional Use Permit approval for a sand mining operation to be known as SR 70 Borrow Pit at Adams Ranch. See attached memorandum. N/A May 20, 2010 -Planning and Zoning Commission recommended the Board approve this petition. RECOMMENDATION: Board approval of Resolution No.10-103 granting a Conditional Use Permit for a sand mining operation, as outlined in the agenda memorandum. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Comm. Faye W. Outlaw, MPA Coward Absent County Administrator Coordination/Signatures X ~ Count Surve or County Attorney ( ) / y y Daniel S. McIntyre County Engineer (X) ~~y~ ERD Michael Powley Originating Dept. (X) OMB Mark Satterlee Purchasing ( ) Melissa Simberlund (X) ~~~~ Ron Harris (X) en Smith Marie Gouin BOARD OF COUNTY COMMISSION Conditional Use Permit For a Mining Operation in AG-5 Zoning 0 AGENDA ITEM No. VII-L Hearing Date: July 20, 2010 GM File Number CU 120104031 Applicant Peter Harrison, VP Adams Ranch, Inc. P.O. Box 12909 Fort Pierce, FL 34979-2909 772-461-6321 Property Location North side of State Road 70, approximately 3 miles west of Summerlin Road. Land Use & Zoning Both are AG-5 (Agricultural-1 unit per 5 acres) Staff Recommendation Adopt Resolution No.10-103 granting approval, as outlined in the staff memorandum. Previous Action May 20, 2010- Planning & Zoning Commission unani- mously recommended ap- proval of the Conditional Use Permit. Project Staff Diana Waite, AICP Senior Planner 772-462-1577 waited@stlucieco.org Orange Ave Subject property '.. . mad ~" F ~ ~"~`° i a < '~ - ~, n r-3 N ~ a m ~~ _ . a A CU-120104031 Peter W. Harrison - SR 70 Borrow Pit at Adams Ranch ~+ T ~ tr j ' ~ 4 ' s I rt ` '~ . , ~, ~ • ..• r ~` A~ ' m~ -~, s t ~'~ r; ~ I ~ ` '' ~ > ' '~ ~ ~ ` tom` ao. 3 °r ~ ., ~ 1 ~ ~~~ ~`~ ~~ BED ~ ~ ~ ~. _ rs,r ~•~ r ~ ~t ,fit o ~ g.~i~ 'r~ ^~ r - ~ /:~'~ a -. I • ~-_-_.~__~- Conddional Use boundary Parcel boundaries N :500 ft. notification area M.p yr eparetl April XI, 2010 Location: North side of State Road 70, approximately 3 miles west of Summer- lin Road. Project Description Recommended Action Peter Harrison is requesting a Conditional Adopt Resolution No.10-103 granting Use Permit to allow for the removal of sand approval, as outlined in the staff memo- for use as fill material for a portion of the randum. State Road (SR) 70 widening project. The proposed conditional use can be authorized Notice Requirements under the provisions of SLC Land Develop- Public hearing notice was placed in merit Code (LDC) Section 3.01.03(C)(7)(i), the St. Lucie News Tribune, letters Mining and quarrying of nonmetallic minerals, sent to property owners within 500 except fuels. The conditional use boundary feet of the subject property, and a sign contains 32.37 acres. placed on the property. The application indicates that the fill materi- als will be moved offsite to a section of the Public Input Received: SR70 roadway construction project in close A letter in support of the petition was proximity to the borrow pit site. In conjunction received from the adjacent property with the application for a conditional use per- owner. No other responses were re- mit, the applicant has also applied for Amin- ceived. ing permit through the St. Lucie County Engi- neering Division. All activities authorized by the mining permit must be consistent with the Further details are found in the at- approved Conditional Use Permit. tached memorandum and staff re- port. Planning and Development Services _. ~ Planning Division ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Direct~i' Kara Wood, Planning Manager FROM: Diana Waite, AICP, Senior Planner ~~-u% DATE: July 20, 2010 SUBJECT: Conditional Use Permit approval for a sand mining operation to be known as SR 70 Borrow Pit at Adams Ranch. ITEM NO. VII-L Background: The subject petition is proposed to allow a 32.37 acre mining operation within AG-5 (Agricultural - 1 unit per 5 acres) Zoning. The proposed mining operation may be authorized upon the Board's approval of a Conditional Use Permit pursuant to SLC Land Development Code (LDC) Section 3.01.03(C)(7)(i), Mining and quarrying of nonmetallic minerals, except fuels. The location of the proposed mining operation is .approximately 600 feet north of State Road (SR) 70 and 3 miles west of Summerlin Road. The site and the surrounding lands are agricultural with existing natural areas that will serve as a buffer between SR 70 and the mining operations. The closest single- family home is located approximately 1,300 feet north of the proposed conditional use boundary. The owner of the single-family home has submitted a letter stating they are in favor of the proposed mining operation. The proposed conditional use boundary contains 32.37 acres encompassing the mining area and haul road that provides access from SR 70. The mining area consists of a 19 acre borrow pit that will provide fill material for a portion of the State Road 70 construction in close proximity to the mining site. The mining area will not include a staging or stockpile area, scale house, parking or accessory buildings typically associated with mining operations. The existing SR 70 staging area will provide employee parking and all fill material will be used for the widening of SR 70, therefore no scale will be required. At the May 20, 2010 public hearing on this matter, the St. Lucie County Planning and Zoning Commission recommended approval of the requested Change in Zoning by a vote of 7 to 0 (Ms. Caron and Ms. Hammer recused from voting). In conjunction with the application for a Conditional Use Permit, the applicant has applied for a Mining Permit, which is scheduled for your consideration following this item. A recommended condition of approval for the Conditional Use Permit is that prior to any mining activities occurring on the property a Mining Permit be obtained. All activities authorized by the Mining Permit must be consistent with the approved Conditional Use Permit, or a modification to the Conditional Use Permit is required. Page 2 July 20, 2010 Subject: SR 70 Borrow Pit at Adams Ranch Staff has determined that the proposed Conditional Use Permit meets the County's Land Development Code standards of review for a Conditional Use Permit as set forth in Section 11.07.03. On May 20, 2010, the Planning 8 Zoning Commission unanimously recommended approval of the petition, subject to the conditions set forth in Draft Resolution No.10-103. Recommendation Board approval of Resolution No.10-103 granting a Conditional Use Permit for a sand mining operation, as outlined in this agenda memorandum. C ~ (..I NT Y F L O R I D A Environmental Resources Department Companion Report TO: Board of County Commissioners THROUGH: Karen Smith, Environmental Resources Department Director FROM: Yvette Alger, Senior Environmental Planner DATE: July 1, 2010 SUBJECT: Petition of Peter Harrison for Conditional Use Permit Approval for a sand mining operation to be known as SR 70 Borrow Pit at Adams Ranch. Background The Planning & Development Services Department requested Environmental Resources Department (ERD) input on the applicant's request for Conditional Use Permit approval. Findings ERD findings are presented in the ERD Final Report, which has been included in the agenda packet. Recommendations ERD supports approval of the requested Conditional Use Permit. S nature Cou NTy F L O R I D A , Environmental Resources Department Final Report TO: Diana Waite, Planning and Development Services Department THROUGH: Karen Smith, Environmental Resources Department Director FROM: Yvette Alger, Sr. Environmental Planner Amy Griffin, Environmental Regulation and Land Division Manager DATE: June 1, 2010 SUBJECT: SR70 Borrow Pit at Adams Ranch Conditional Use (CU 120104031) Background The Environmental Resources Department (ERD) is in receipt of the March 19, 2010 Planning & Development Services' date-stamped resubmittal. Staff completed a site visit in December 2009 and performed an initial review. The applicant is requesting approval of a 32.37-acre Conditional Use to allow for a proposed 19-acre mine within an 827.71-acre site. The project site contains a mix of active sod farms, wetlands, pasture with scattered cabbage palms and live oaks, agricultural canals/ditches, and pine flatwoods. The site is bounded by Okeechobee Road to the south, with additional Adams Ranch sod and pasture lands to the north, east, and west. The property is a bona-fide agricultural operation. Findings On December 22, 2009, the South Florida Water Management District provided apre- application wetland determination, identifying four wetlands within the vicinity of the proposed mining lake. The Conditional Use boundary, which encompasses all areas of proposed mining activities, has been sited at least 200 feet from these wetlands, in adherence to Comprehensive Plan Policy 8.1.7.5. Another potential wetland area was identified at the northeast corner of the intersection between the haul road and Okeechobee Road. This area was addressed in the resubmittal, with no impacts proposed and 200' buffers provided from all mining activities. A jurisdictional determination by applicable agencies is required as a condition of approval. The proposed mining footprint has been sited primarily within existing active sod and pasture lands and configured to avoid impacts to much of the existing native vegetation. Adjacent pine flatwoods and wetlands have been avoided, while 31 cabbage palms and a 0.22-acre palmetto prairie would be impacted by the current proposal. The applicant Environmental Resources Department Final Report SR70 Borrow Pit at Adams Ranch Conditional Use June 1, 2010 proposes to mitigate for impacts to native trees and vegetation through planting of approximately 1,000 saw palmettos within the reclaimed lake's upland buffer and relocation of impacted cabbage palms into the CR68 right-of-way. The applicant submitted a revised Environmental Impact Report (EIR), which includes the results of the 2010 caracara surveys and concludes that no adverse impacts to caracara are likely to result from the proposed mining activities. The applicant has forwarded the survey results to the US Fish and Wildlife Service (FWS) for their review. A condition of approval requires that FWS approval be provided prior to issuance of a Vegetation Removal Permit or Exemption (Comprehensive Plan Policy 8.1.12.5). The proposed mining activities have been set-back approximately 900 feet from Okeechobee Road. Existing vegetation, including pine flatwoods and wetland areas, will screen the proposed mining operations from the adjacent roadway. Therefore, additional landscaping along Okeechobee Road is not required. Conditions of Approval 1) Prior to Mining Permit approval, the applicant shall provide the Environmental Resources Department with a Tree Mitigation Plan, Reclamation Plan, and Lake Area Monitoring and Management Plan approved by the County and all other affected agencies. The mitigation plan shall outline proposed cabbage palm relocation and maintenance methods. The applicant shall be responsible for the costs of relocation and subsequent maintenance (Land Development Code [LDCJ Section 6.00.05.D.3.a.2). Mitigation, reclamation, and initial monitoring and management costs shall be included in the Mining Permit bonds (LDC Sections 11.05.11.C and D). 2) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have obtained and provided the Environmental Resources Department with all required federal and state permits and approvals, including but not limited to the Environmental Resource Permit, South Florida Water Management District Water Use Permit, US Fish and Wildlife Service approval, and St. Lucie County mining permit. If federal or state agency compliance requires modification to the mining plans or implementation of conservation measures, the applicant will promptly modify the plans and submit to St. Lucie County for review and approval. The County's development approval shall not prevent compliance with any federal or state agency requirements. 3) Prior to release of the Pre-Mining bond, all invasive exotic vegetation located within the Conditional Use area shall be removed (LDC Section 7.09.05). 4) Prior to issuance of a Vegetation Removal Permit or Exemption, if more than one year or nesting season has elapsed since the most recent listed species surveys were conducted in accordance with appropriate state and/or federal protocols, updated surveys shall be required for the crested caracara, as well as any other listed species for which the state or federal government have required updated surveys. Surreys should be conducted in accordance with appropriate state and/or federal protocols, and documentation of survey methods and results shall be -2- Environmental Resources Department Final Report SR70 Borrow Pit at Adams Ranch Conditional Use June 1, 2010 provided to the Environmental Resources Department, as well as the appropriate state and/or federal agencies. In the event that the applicant obtains written documentation from the US Fish and Wildlife Service for federally-listed species or the Florida Fish and Wildlife Conservation Commission for state-listed species, indicating that updated surveys will not be required for this project, this condition of approval will be considered addressed. 5) Within 90 days of Mining Permit approval or prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the applicant shall provide the required Environmental Resources Department-approved Lake Area Monitoring and Management Plan with an attached affidavit, and a cashier's check, payable to the Clerk of the Court for the appropriate recording fees, to the County Attorney for review and approval. Recommendations Staff supports the recommendation of approval of the SR70 Borrow Pit at Adams Ranch Conditional Use application. Please contact Yvette Alger (Sr. Environmental Planner) at 772-462-2866 if you have any questions. -3- Resolution No. 10-103 File No.: CU 120104031 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A SAND MINING OPERATION IN THE AG-5 (AGRICULTURAL - 1 DU/5 ACRES) ZONING DISTRICT FOR PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. 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: Peter Harrison presented a petition for a Conditional Use Permit to allow for the operation of a Class I Mining Operation to be known as SR 70 Borrow Pit at Adams Ranch, in the AG-5 (Agricultural - 1 du/5 acre) Zoning District for the property depicted on the attached map in Exhibit "A" and described in Part B below. 2. On May 20, 2010, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve the hereinafter described request for a Conditional Use Permit Approval in the AG-5 (Agricultural, 1 du/5 acres) Zoning District for the property described in Part B. 3. On July 20, 2010, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed Conditional Use Permit, with the conditions therein, is consistent with the goals, objectives and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land Development Code. 5. With the proposed conditions, the project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 6. The applicant has received a Certificate of Capacity, a copy of which is attached to this order as Exhibit "B", as required under Chapter V, St. Lucie County Land Development Code. July 20, 2010 Resolution No. 10-103 File No.: CU 120104031 Page 1 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 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a Conditional Use Permit to allow for the operation of a sand mine, to be known as SR 70 Borrow Pit at Adams Ranch, in the AG-5 (Agricultural - 1 du/5 acre) Zoning District, at the location described in Part B, and depicted on the map attached as Exhibit A, is hereby approved subject to the following conditions: 1. The mining activities on the property described in Part B shall consist of the surveyed limits of the borrow pit area and the haul road to service the mining activity, as generally depicted on the drawings prepared by Engineering, Design and Construction Inc. dated February 4, 2010 and date stamped received by the St. Lucie County Planning and Development Services Director on July 8, 2010. 2. Prior to commencing any operation of the mining efforts on the property, the applicant shall be required to obtain an approved mining permit from St. Lucie County that is consistent with this development order and Section 6.06.00 and 11.05.11 of the Land Development Code. 3. The hours of operation for this mining operation will be 7:00 AM to 7:00 PM, Monday through Saturday. No additional hours of mining operation will be permitted unless the Board of County Commissioners approves a revised Conditional Use Permit. 4. There shall be no blasting permitted within the mining operation. 5. Access to the mining site shall only be from State Road 70 along the approved haul road. 6. No mining truck shall be allowed to utilize Carlton Road. 7. Prior to Mining Permit approval, the applicant shall provide the Environmental Resources Department with a Tree Mitigation Plan, Reclamation Plan, and Lake Area Monitoring and Management Plan approved by the County and all other affected agencies. The mitigation plan shall outline proposed cabbage palm relocation and maintenance methods. The applicant shall be responsible for the costs of relocation and subsequent maintenance (Land Development Code [LDC] Section 6.00.05.D.3.a.2). Mitigation, reclamation, and initial monitoring and management costs shall be included in the Mining Permit bonds (LDC Sections 11.05.11.C and D). 8. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have obtained and provided the Environmental Resources Department July 20, 2010 Resolution No. 10-103 File No.: CU 120104031 Page 2 with all required federal and state permits and approvals, including but not limited to the Environmental Resource Permit, South Florida Water Management District Water Use Permit, US Fish and Wildlife Service approval, and St. Lucie County mining permit. If federal or state agency compliance requires modification to the mining plans or implementation of conservation measures, the applicant will promptly modify the plans and submit to St. Lucie County for review and approval. The County's development approval shall not prevent compliance with any federal or state agency requirements 9. Prior to release of the Pre-Mining bond, all invasive exotic vegetation located within the Conditional Use area shall be removed (LDC Section 7.09.05). 10. Prior to issuance of a Vegetation Removal Permit or Exemption, if more than one year or nesting season has elapsed since the most recent listed species surveys were conducted in accordance with appropriate state and/or federal protocols, updated surveys shall be required for the crested caracara, as well as any other listed species for which the state or federal government have required updated surveys. Surveys should be conducted in accordance with appropriate state and/or federal protocols, and documentation of survey methods and results shall be provided to the Environmental Resources Department, as well as the appropriate state and/or federal agencies. In the event that the applicant obtains written documentation from the US Fish and Wildlife Service for federally-listed species or the Florida Fish and Wildlife Conservation Commission for state-listed species, indicating that updated surveys will not be required for this project, this condition of approval will be considered addressed. 11. Within 90 days of Mining Permit approval or prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the applicant shall provide the required Environmental Resources Department-approved Lake Area Monitoring and Management Plan with an attached affidavit, and a cashier's check, payable to the Clerk of the Court for the appropriate recording fees, to the County Attorney for review and approval. B. The subject property is described as follows: A PARCEL OF LAND LYING IN SECTIONS 1 AND 2. TOWNSHIP 36 SOUTH, RANGE 37 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 2, RUN N00°31'36"E ALONG THE EAST LINE OF SAID SECTION 2, A DISTANCE OF 1667.87 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. July 20, 2010 File No.: CU 120104031 Resolution No. 10-103 Page 3 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 RUN THENCE S82°11'59"W A DISTANCE OF 1132.18 FEET; THENCE N48°33'10"W A DISTANCE OF 298.30 FEET; THENCE N03°33'10"W A DISTANCE OF 258.16 FEET; THENCE S85°25'45"W A DISTANCE OF 349.37 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 133.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°56'01" A DISTANCE OF 57.88 FEET TO THE POINT OF TANGENCY; THENCE S60°29'44"W A DISTANCE OF 391.00 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 167.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°56'01" A DISTANCE OF 72.67 FEET TO THE POINT OF TANGENCY; THENCE S85°25'45"W A DISTANCE OF 165.43 FEET; THENCE S04°34'15"E A DISTANCE OF 1466.21 FEET; THENCE TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SR-70; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE S69°02'37"W A DISTANCE OF 2.97 FEET; THENCE S20°57'23"E A DISTANCE OF 5.00 FEET; THENCE S69°02'37"W A DISTANCE OF 50.62 FEET; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE OF SR-70 RUN N04°34'15"W A DISTANCE OF 1520.13 FEET; THENCE N85°25'45"E A DISTANCE OF 215.43 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 133.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°56'01" A DISTANCE OF 57.88 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE N60°29'44"E A DISTANCE OF 391.00 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 167.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL OF 24°56'01" A DISTANCE OF 72.67 FEET TO THE POINT OF TANGENCY; THENCE N85°25'45"E A DISTANCE OF 349.97 FEET; N03°33'10"W A DISTANCE OF 186.76 FEET; THENCE N47°22'16"W A DISTANCE OF 192.34 FEET; THENCE S90°00'00"W A DISTANCE OF 54.08 FEET; THENCE N03°33'10"W A DISTANCE OF 36.89 FEET; THENCE N86°26'50"E A DISTANCE OF 12.75 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 135.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°38'10" A DISTANCE OF 58.05 FEET TO THE POINT OF TANGENCY; THENCE N61 °48'40"E A DISTANCE OF 190.53 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 165.00 FEET; THENCE NORTHEASTERLY ALONG THE July 20, 2010 File No.: CU 120104031 Page 4 Resolution No. 10-103 ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20°00'41" A DISTANCE OF 57.63 FEET TO THE POINT OF TANGENCY; THENCE N81°49'21"E A DISTANCE OF 264.09 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 190.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49°37'29" A DISTANCE OF 164.56 FEET TO THE POINT OF TANGENCY; THENCE S48°33'10"E A DISTANCE OF 301.57 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 100.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49°26'11" A DISTANCE OF 86.28 FEET TO THE POINT OF TANGENCY; THENCE N82°00'39"E A DISTANCE OF 841.87 FEET; THENCE S08°10'39"E A DISTANCE OF 655.22 FEET; THENCE S82°11'59"W A DISTANCE OF 368.31 FEET TO THE POINT OF BEGINNING. CONTAINING 32.371 ACRES MORE OR LESS. Parcel ID: Part of Parcels 3102-111-0001-0000 and 3101-211-0001-0004 C. The approvals and authorizations granted by this Resolution are for the purpose of obtaining a Building Permit or Zoning Compliance from St. Lucie County. D. The approvals and authorizations granted by this Resolution shall expire on July 20, 2011, unless a Building Permit or Certificate of Zoning Compliance for is obtained for the uses described in Part A above, or an extension has been granted in accordance with Section 11.07.05(F), St. Lucie County Land Development Code. E. The Certificate of Capacity, a copy of which is attached to this resolution, shall remain valid for the period of Conditional Use approval. Should the Conditional Use approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, a new certificate of capacity shall be required. F. The St. Lucie County Planning and Development Services Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make the notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman Charles Grande XXX July 20, 2010 File No.: CU 120104031 Resolution No. 10-103 Page 5 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 Vice-Chairman Doug Coward XXX Commissioner Paula Lewis XXX Commissioner Chris Dzadovsky XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED this 20th day of July 2010. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: DEPUTY CLERK July 20, 2010 File No.: CU 120104031 COUNTY ATTORNEY Page 6 Resolution No. 10-103 I Exhibit A A petition of Peter W. Harrison (SR 70 Borrow Pit at Adams Ranch) for a Conditional Use Permit to allow a sand mining operation in the AG-5 (Agricultural-1 du/5 acres) Zoning District 11 ------------I~------~ I ~ i ~ ~ ~ 1, AG-5 , 11 ~ ' I ~ I ~ ~ ~ ~ ~ not included ~ ~ ' 1 1 i 1 ~ ~ ~ i 1 t 1 ~ i ~ ~~ R~ ~~ N~6 U K E ~~ O. ' AG-5 ~ ? AG-5 ~~ i w f i ~ ®Conditional Use boundary _ ~; ,x ® Parcel boundaries St. Lucie County Zoning ; ~ N ~ . AG-5 -Agricultural (1 du/5 ac) A ~ ' 500 ft. notification area r Mao prepared Apdi 20, 2Dt^u July 20, 2010 File No.: CU 120104031 Resolution No. 10-103 Page 7 EXHIBIT ° ~ ° St Lucie County Certificate of Capacity Date 6/29/2010 Certificate No. 2861 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Conditional Use Permit for SR 70 Borrow Pit Number of units 0 Number of square feet 2. Property legal description & Tax ID no. Part of 310211100010000 and 310121100010004 3 miles west of Summerlin Rd and 600 N SR 70 3. Approval: Building Resolution No. 10-103 Letter 4. Subject to the following conditions for concurrency: See Resolution Owner's name Peter Harrison VP, Adams Ranch Inc Address PO Box 12909 Fort Pierce FL 34979-2909 6. Certificate Expiration Date 7/20/2011 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Si ned '~--i~G~ Date: 7/8/2010 g Planning and Development Services Director St Lucie County, Florida Thursday, July 08, 2010 Page 1 of 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 St. Lucie County Planning and Zoning Commission/ Local Planning Agency Roger Poitras Annex, Commission Chambers, 3'd Floor May 20, 2010 Meeting 6:00 p.m. In the event of a conflict between these written minutes and a compact disc recording, the compact disc shall control. I. CALL TO ORDER Chairman Mundt called the meeting to order at 6:00 p.m. A. Pledge of Allegiance B. Roll Call Craig Mundt ..................................... Chairman Britt Reynolds .................................. Vice-Chairman Pamela Hammer .............................. Commission Member Edward Lounds ................................ Commission Member Stephanie Morgan ............................ Commission Member Tod Mowery ..................................... Commission Member Barry Schrader ................................. Commission Member Brad Culverhouse ............................ Commission Member Susan Caron .................................... Commission Member Kathryn Hensley ............................... Ex-Officio Member Members Absent None. Staff Present Heather Young ................................. Assistant County Attorney Heather Lueke .................................. Assistant County Attorney Mark Satterlee .................................. Planning and Development Services Director Kristin Tetsworth .............................. Senior Planner Diana Waite ..................................... Senior Planner Robin Meyer..... ................................ Building and Code Regulations Manager Michelle Hylton ................................. Recording Secretary Dawn Milone .................................... Recording Secretary 36 C. Announcements Page 5 of 6 125 Mrs. Hammer and Ms. Caron recused themselves from the Commission. 126 E. SR 70 Borrow Pit C Adams Ranch: CU 120104031 127 Petition of Peter W. Harrison for a Conditional Use Permit to allow for a sand mining 128 operation in the AG - 5 (Agricultural - 1 du/5 acres) Zoning District. Staff comments and 129 presentation by Diana Waite. 130 Ms. Waite presented the petition. 131 Ms. Caron stated she has a lease on neighboring property with Adams Ranch, and asked Ms. 132 Young if this is an issue. Ms. Young recommended Ms. Caron recuse herself. 133 Chairman Mundt called the applicant for their presentation. 134 Daniel Rutherford, of Engineering Design and Construction, representing the applicant 135 highlighted areas of potential community benefit. 136 Chairman Mundt opened the public hearing. 137 No one spoke. 138 Chairman Mundt closed the public hearing. 139 Mr. Lounds asked whether the mining of this site would be enough to complete the project. Mr. 140 Rutherford stated they could with a maximum depth of twenty feet, and there is no hardpan on 141 this site. 142 Mr. Lounds made the motion: 143 After considering the testimony presented during the public hearing, 144 including staff comments, and the standards of review as set forth in 145 Section 11.07.03, St. Lucie County Land Development Code, I hereby move 146 that the Planning and Zoning Commission recommend that the St. Lucie 147 County Board of County Commissioners grant approval to the application 148 of Peter Harrison for a Conditional Use Permit to allow for a sand mining 149 operation in the AG-5 (Agricultural - 1 unit per 5 acres) Zoning District, 150 because of all the testimony and statements made, the environmental 151 awareness that the Adams family has, and I think it would be well suited for 152 this area. 153 Mr. Reynolds seconded. The motion carried unanimously. 154 Mrs. Hammer and Mrs. Caron rejoined the meeting. Planning and Zoning Commission May 20, 2010 Minutes PUBLIC HEARING NOTICE SR 70 Borrow Pit @ Adams Ranch C U 120104031 John Doe 2300 Virginia Avenue Fort Pierce, FL 34982 Public Hearing Date: July 20, 2010 Location: BOCC Chambers SLC Admin Annex, 2300 Virginia Avenue, Ft Pierce, Florida 34982 Time: 6:00 PM Applicant Peter W. Harrison, VP Adams Ranch, Inc. P.O. Box 12909 Fort Pierce, FL 34979-2909 Property Location On the north side of State Road 70 approx. 3 miles west of Summerlin Road. Zonin AG-5 (Agricultural-1 du/5 acre) Future Land Use AG-5 (Agricultural-1 du/5 acre) CU-120104031 zon'^° Peter W. Harrison - SR 70 Borrow Pit at Adams Ranch ,l i ~~ -- , i -I---------- ------ -__ __ -_ °~ ~~ ~ ~ ~~ ~ AGS ~ t~ ' ' ~; ~~ ~ I ~ - -~ ' ~- ~~~ I -- i ~_ ~~ ~~! ~ EEC"pOEE~~ i ~ r-z~ ..l i oY- ~ j ° _I I ~~--,--~~; ' ~ ~ _ i ~ T'AG'S ~ AG-5 i _~ _ r 0~ ~Subjectproperty St. Lucie County Zoning ~~fK~'~""7,~~= N ' ' 500 ft. notification area AG-S-Agricultural (t du/5 ac) - - - ~ Mai rre^.arz0 Jan i.a~r 1i, ^^. t p Project Location: On the north side of State Road 70 approx. 3 miles west of Sum- merlin Road. Public Hearing Description Petition of Peter W. Harrison fora Condi- tional Use Permit for the SR 70 Borrow Pit at Adams Ranch to allow a sand mining operation in the AG-5 (Agricultural-1 du/ 5 acre) Zoning District. The conditional use contains 32.37 acres. Background The application indicates that the fill materi- als will be moved offsite to a section of the SR70 roadway construction project in close proximity to the borrow pit site. In conjunc- tion with the application for a conditional use permit, the applicant has also applied for a mining permit through the St. Lucie County Engineering Division. Staff Recommendation Board adoption of Resolution No. 10-103 granting approval to the petition of Peter W. Harrison. The St. Lucie County Board of County Commissioners has the power to re- view and grant any applications within their area of responsibility. The Board of County Commissioners strongly encourages your input and com- ment at the public hearing. You may also mail or email written comments in advance of the public hearing for inclusion in the official record regarding this proceeding. Further details are available in the Plan- ning and Development Services Depart- ment-please contact: Staff Diana Waite, AICP Tel. 772-462-1577 Email waited@stlucieca.ora Mail 2300 Virginia Avenue Fort Pierce, Florida 34982 Legal Description: A PARCEL OF LAND LYING IN SECTIONS 1 AND 2, TOWNSHIP 36 SOUTH, RANGE 37 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 2, RUN N00°31'36"E ALONG THE EAST LINE OF SAID SECTION 2, A DISTANCE OF 1667.87 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. RUN THENCE S82°11'59"W A DISTANCE OF 1132.18 FEET; THENCE N48°33'10"W A DIS- TANCE OF 298.30 FEET; THENCE N03°33'10"W A DISTANCE OF 258.16 FEET; THENCE S85° 25'45"W A DISTANCE OF 349.37 FEET TO THE POINT OF CURVATURE OF A CURVE CON- CAVE TO THE SOUTHEAST HAVING A RADIUS OF 133.00 FEET; THENCE SOUTHWEST- ERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°56'01" A DIS- TANCE OF 57.88 FEET TO THE POINT OF TANGENCY; THENCE S60°29'44"W A DISTANCE OF 391.00 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH- WEST HAVING A RADIUS OF 167.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°56'01" A DISTANCE OF 72.67 FEET TO THE POINT OF TANGENCY; THENCE S85°25'45"W A DISTANCE OF 182.79 FEET; THENCE N04°34'15"W A DISTANCE OF 34.00 FEET; THENCE N85°25'45"E A DISTANCE OF 182.79 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAV- ING ARADIUS OF 133.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°56'01" A DISTANCE OF 57.88 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE N60°29'44"E A DISTANCE OF 391.00 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 167.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL OF 24°56'01" A DISTANCE OF 72.67 FEET TO THE POINT OF TAN- GENCY; THENCE N85°25'45"E A DISTANCE OF 349.97 FEET; N03°33'10"W A DISTANCE OF 186.76 FEET; THENCE N47°22'16"W A DISTANCE OF 192.34 FEET; THENCE S90°00'00"W A DISTANCE OF 54.08 FEET; THENCE N03°33'10"W A DISTANCE OF 36.89 FEET; THENCE N86°26'50"E A DISTANCE OF 12.75 FEET TO THE POINT OF CURVATURE OF A CURVE CON- CAVE TO THE NORTHWEST HAVING A RADIUS OF 135.00 FEET; THENCE NORTHEAST- ERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°38'10" A DIS- TANCE OF 58.05 FEET TO THE POINT OF TANGENCY; THENCE N61 °48'40"E A DISTANCE OF 190.53 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH- EAST HAVING A RADIUS OF 165.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20°00'41" A DISTANCE OF 57.63 FEET TO THE POINT OF TANGENCY; THENCE N81 °49'21 "E A DISTANCE OF 264.09 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 190.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49°37'29' A DISTANCE OF 164.56 FEET TO THE POINT OF TAN- GENCY; THENCE S48°33'10"E A DISTANCE OF 301.57 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 100.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49° 26'11" A DISTANCE OF 86.28 FEET TO THE POINT OF TANGENCY; THENCE N82°00'39"E A DISTANCE OF 841.87 FEET; THENCE S08°10'39"E A DISTANCE OF 655.22 FEET; THENCE S82°11'59"W A DISTANCE OF 368.31 FEET TO THE POINT OF BEGINNING. CONTAINING 32.371 ACRES MORE OR LESS. Parcel I D: Part of Parcels #3102-111-0001-0000 and #3101-211-0001-0004 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four-fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes The Following To allow a sand mining operation in the AG - 5 (Agricultural - 1 du/5 Conditional Use: acre) Zoning District. Regarding Property On the north side of State Road 70 approx. 3 miles west of Summerlin Located At: Road Currently Zoned: AG - 5 (Agricultural - 1 du/ 5 acres) Please Return To: St. Lucie County, Planning & Development Services, Planning Division Planning Division - ATTN: Deanna Givens 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: July 16, 2010 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): Address: Date: Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Project Name/ID: CU 120104031 - SR 70 Borrow Pit @ Adams Ranch Form No. 07-26 I CPA LM.L`OM CIAS SI FLED SL 'UE RL)AY, JULY fi, 21:0 - SUNIPP< iREASUPE CGASI NEWSPAPERS B7 C NOMEOF MONCE OF MOiItE Oi ' 7MInCE OF N MEN111671YRION ADMNi7MM1N AOIa1NlrNFilpN JIDMMi77YnBN NOME Or.SYF MOr1CE OF i1lE C V THE CIRCUIT tl h Apo 19 NOTICED TEM. ~y 6. 00. 800955P)] XE5. 0.Ll PPIOP. - C couAT FOq 2. n al a DDI - ENS, ENLUM Ly T $T. LUCE C C f 5 natl P ,]1 B ANCES, ANC COJVtt F.DRIDA L C h F da . nav'nq q 6 6 5 'OGME NTS. IF " C PPOBnTE OIV 50 P 6 0 h de,rendi Euge 8 d ANY THE PPC~ - O File No. atl0 a p wM1 cn s ap ensr tleceden: s 3>1] Cnoappk Dr ve pro ne procaeq-I CEE05 TG BE AP SE1010CP,3f106M fM P 0. R )00 F N fik thN' Pan 5 L FbiW ng.. o PLIED A$ FAP A5 C d L H P F 31951 T d' th .4952 n BE TO iHF C IN RE' ESTATE Oi aM WIT Ih 3 MOniNf Pu I' J 29, ul PAYMENT 0 i a THEPE SA 5. BPO 1 M1 pe I AF EF i E DATE Ntorn f na 6100 COSTS AND THE ~ ° ~ D E U P A f K A M pe D. 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FL, IMTrU0FMEEi~16 ^OSIGE BF NB:7INL NOpQ OFNHfNIi s ,q _ y Salt Sm ace 3 950 ielepn one I E urwm eUY g e n 'gh, 11)11 fi2~ 165, o ina ST LUCIE COUNTY BOARD OF COUNT' COMMISSIONE 5 oaoa ~ d 7 PUBLIC HEARING AGENDA b'tl Pu a9uw 1a: JuIY 20. 3010 rs M I ]2 62 3]29 For d d sMl TM J j e e.1Y ' ma 1 the turw M M e by p?ecn ming m tn sM 12005 5 ~ p O V ~ a e . ru NOTICE OF PROPOSED CONDITIONAL USE PERMIT de Coumy Asa P°In ~GN' only. Al ron ' P° II 6J0.99S 9J] I - Fbnda Pe d ~ ~ ~ The $.Luce CDUY Boero MCOUn Lommks arms pr IC v rv opoeeap ..^bem al.naee .e ~ ; ~ J N N ~O n m n1 aer ma adopt pr. a ma ro low nq Dv rsq ~tpn: q a ow Me e: a~- m ^r- ` tr DUUb a tq N to ~ PW en'. J ly 6, 13.11. RESOLUTON N0. 10-103 aDe nos nwC INV. o~ M1e Wr ro ert O p p y : 18. 1010 ously cni:ifiezi drafty man ,m: In< A A RESOLUTION OF THE BOARD OF [OUNT COMMISSION- 21 W663 9 ERS OF ST. LUCIE COUNTY GNANTING A CVNDITONAL USE sa-tl le. rots n N mr re ~ C b cen ed u ne [k 5 is zu -II PERMIT TO ALLOW FOfl A SAND MINING OPERATION IN THE we ad ell lron n r V ij x a G-5 IAGflpCULTUPAL - 1 DD, S ACRES) 20NING DISTRICT 51. facie County is. T .OR THE POPEfl TY LOCATED N ST. IUCIE COUNTY Cdl a Th P ^Y B C N , ecl , FLOPIDA. 20[0. ~ d h. e. A. P CANT: Pater W. Harr con ~ L I b W ~ E sly ~._ iTt~n}) o 1 T C~ ('~ ~ N ~ III FILE NUMBEq: CU 1201040J1 Prgpe ap r m\ $eP Storage. 51 L m i C ~~`~~~~ E C ~ syu~ss Q ur e ou v PuUksn: JULY 6. 2pt0 I, LOCAIIDN'. Tna Proposed minin6 area is bcmeC apProvimalelY , s St P 2161111 6(10 f t rm t tl >0 C 3 il f 5 CT l Z ~ LL . Y ~ I ea no o a e oa an m ummo. ., es weN o rn Pupicn: Juh 6, 2010 RoaC ' sJl) I Q , 16K15 LEGAL NOTICE _ y..a ` ~ L PURPOSE: A Lpnd;POne! Use Permit 1o show IDr the mmoval M IN THE COUNtt L WL Publ,r Aucuon will bell 11LW cantl 1o De u1,l,zetl oz filt mxeriN 1°r tn¢ 5111 Rpatl )D c u C„) ~ 1 pna uc- COURT OF THE 19TH [ion projocl. T nelq e' TowMestersll ~ CI UD C RC V ~ R ~ , ~ J I AL I UI LEGAL DESCRIPTION: A PARCEL Of LAND LYING !N SEC- IN AN FOP. C1 PSL T°winpl~l~ }} r,~ eL2~LE 5 l t 1 1325 O Q~ Q V U - 1u,age o a .E Si. W'JE CDUM1'TY, TIONS t qN0 2 TOWNSHIP 36 SOUTH. MNGE ]) EAST, $T. SW B,ISmgre Slren;,l FLOPIpA ' Q VV ~ L JCIE COUNTY, FIOPIDA. BEING MORE PANTICULARIY DE- Po:l Sr. Lu<i n,~ J F SCRIBED AS FOIIOWS: CASE H0: C ' l ~ ' k - I 562009CC00101i Fulr,dl 3'913 qn COMMENCING AT THE SOUTHEAST CORNER OF $Alp SEC- v 9. _010, ali, j d ~ f ir r . j TION 1, RUN N00'31'3E'E ALONG THE EAST UNE OF SAID VIi LAS OF flCSE- 10.00 am. pu~suenl'j I SECTION 2, A DISTANCE OF t66).HT FEET TO THE POINT OF w00U PAOPf RT to Flo ritla 51el u; ei a T BEGINNING OF RIE HEREIN DESCPiBED PgHCEL. )13.>6 IDr unpeid~l OWkEflS FSSOCIA~ ewiy and norape. ~j 18 FEE - TDN. NL. [ 1 HUN THEN[E 58)'1 t'Sn-W P. OST CE OF 1132 ~ C . THENCE N48`3i tC'W A D STANCE OF Z98.J FEET Raintiq, ' ^ ' 199s NI554N ' ' A d i THENCE N03 3J 10'W A DSTANCE OF [5816 fEE f; v THENCE 566'2545'W A DISTANCE OF 3 ]FEET TO THE .SCOTT 0V10ANE5. IN65D1650SG>15e1 it POINT OF CURVATURE Of A CUR E CONCAVE TO THE ILFentlm¢ t99900DGE I r O A SOUTHEAST HAV NG A flAD US OF 33.W FEET: THENCE tB1GP15G1 %89011]1 '.. UTN WESTER 5 V N TH fl 'D ALO 0 L G E A C Of SAID LUPVF 1999 BUICK THROUGH A CENTRAL ANGLE OF 24`56'01' 0. DISTANCE NOTICE OF SAIF 1GIHPSZL15H55]SRJ OF 5].89 FEET TO THE POINT OF TANGENCY; THENCE PURSUANT TO I'll + P . ' ' I(7 ~ ~ v TEP. 15 560 29 14 W A p15TANCE OF 391.00 FEET TO iHF PDINT CHA OF CURVATURE OF A CURVE CONCAVE TO THE NOflTH- Terms of sale a, ej { ~' x ~ C WEST HAVING P RADIUS OF 16).00 FEET; THENCE SOUTH- NOTICE IS HEPEBY ra wish betla ccep eC~~l ESTERLV ALONG THE ARC OF SAID CURVE THROUG4 A GIVEN • ' r O pursuant to a l CENTRAL ANGLE OF 2456'01' A DISTANCE OF >2.6] FEET Final JuCpmenl of 5ellm reset vex Inel' S N F^IY W N C I TO THE POINT OF TANGENCY; THENCE 585'25'45'W A Foreclgsu re tlalld ngM of final dC Altl DISTANCE OF 1654 FEET: THENCE 504'31'15'E A D1S~ fi l t ~ E es are sa nal. N I TANCE OF 14fi6.Z1 EET: THENCE TO A POINT ON THE a 16. 201 C. and k 'elu nda will De' a t NOflTHf PLV flIGHT~OF-N'AY NE OF SP-]0. THENCE enlerzD in Case Nc metle. 5sid aNpmo- ALONG SAID NOP L A V RI ' • AY LINE 569 ME I G HT~O F-W 562009CCD01043, of OZ'3]'W A DISTANCE OF 29) FEET; THENCE 520`5]'23'E A ne G,cui1 Court of bile will Ue so nl D STAVCf OF 5 OG fEET; THENCE 569'O2'3)'W' A D S lgh J G,. 'e w,tnl N TnNCE Of 50.62 FEET; THENCE LEAVING SAID NORTHFPLV 'n S. - of g - III ' " r FIGHT OF-WAY L NE OF SR-)0 RVN NOi 3a t5 W A OIS C Fl d . TANCE OF 1520.13 FEE is THENCE N85'IS'45'F DIS M1 Pu n J 16 2011 ~ f. ~ a Z ~ z . TANCE OF 21543 FEET TO THE POINT OF CURVATURE 0 re - V LAS Of A CURVE CONCAVE TO THE NORTHWEST HAVING A BAD'- ROSEW 000 Pfl OP. Z1Nfi04 II US OF 13300 FEET; THENCE NOfITMEAST"cflLV ALONG THE ERTY OWNERS AS- NOTICE OF M (Z ' AAC DF SAID CURVE THROUGH A CENTRAL ANGLE OF 2 SOLIA 0 NC . $HER FFSSACE Of ' SB-OT A gSTANCE OF 5) 88 FEET TO THE POINT Of TPN ' ; y . ~ pz ntf SCOTT PERSCVAL ' I GEVCY Of SAID CURVE' THENCE N60.19'4a'E A DISTANCE C \'IOANE D FpOPEP'Y ~I O L~ Z - e f / Of 391 00 FEET TO THE POINT OF CURVATURE OF A wtwVll ` t dam d N r CURVE CONCAVE TO THE SOUTHEAST HAVING A PAD US t ngn.n Dv ti NOTICE IS HEfl E6 Tl j pF lfi> 00 FEET THENCE NORTHEASTERLY ALON T L ~ A , : . XE G ARC OF SAIp LIIflVE THROUGH A CENTPAI Oi 21'5601' A de' 1 n. I -I GIVER THAT PL'P-'I j ' N O O DISTANCE Of )1 6) FEET TO THE POINT OF TANGENCY 1e t n h h SUA i TO A WgIT I THENCE N65'25 R'E A DIS1jANCE OF 349 9' FEET; N03' p doe h, n 0. EXECLTIOn IS I ' I C `^ V 3310 W A DISTANCE OF 86.]6 FEET THENCE NI]' Dly SUED 0 THE 115' 22'16'W A DISTANCE OF 19234 FEET THENCE 590` s C 1 VJ ~ ~ 3 ~ I 0000'W A DISTANCE 0 54.06 FEET THENCE NOJi3'10'W Rouen 2 E 5. OA OL AP IL. 21110 O STANCE OF 3689 FEET THENCE NBfi'2650'E A 05 e F P N THE COUNTY I FL 3195c 5 COUTT GF BAG I~ ~ _ ` i TANCE Of 1Z.T5 FEET TO HE DINT Of CUFIVATpgE OF A CURVE CONCAVE TC THE NORTHWESt HAV NG A RAD 5 C un F W RO COUNTY (- ) O Of 135 00 FEET: T EN CE NOfl THEASTENLY ALONG THE 55G 1.00 FLORID N THE V ANC OF SAID CUflVE TMPOUGH A CENTRAL ANGLE Of 1 rn 201n tl Y I CAJSE WHfftEIN I f, ?8'lC A DSrANLE OF 56-M FEET TO THE PO NT Of TAN J ZO 0 - TERRY'S AJTO SUP ' ` ' C ~ CEN Y ENCE N61 1810 E A DISTANCE OF 190 3 FEET y p P'Y M1C. IS TMEI TO THE PO N' OF CURVATURE OF A CURYF CONUVE TO 1 ~ T E SOUTHEAST HqV NG A flADIUS DF 1650 Ff ET' ~ A ni F AM1' 0'" ' c ~ L ~wE ` w, O ~ - 0 R MAPD F T2PAT 'I i THE CE NORTHERS TE NLY ALONG THE APC OF S D CURVE T ROUGH A CENTRAL ANGLE Of 10.0011" A Ds f Irc y. RICK 0.dA FIT2PAT TA CE Of 5> 63 FEET TO THE POINT OF TANGENCY' n n op P CK C $iCMS 6; iHEN~E NB a ' A D F T T ' V/ /^'~ VJ d It STANCE O 9 E 261.09 FEE OT E Ly o I ne GPAPHICS IS THE i POI-, Of CURVATURE Of A CURVE CONCAVE i0 THE date M :ne s pen DFFEnDAhT Bf LNG ! ! NIeM ^ ~ G O . , SOUTHWEST HAVING A RADIUS OF 190.00 FEE i; THENCE duns muss file a CASE NUMBER.I i T T AAveaeilp . iY ~ O A 50 U HEAS ERLY ALONG THE ARC Of SAID CUflVE skim wisnin fiC Mys COCE Ci-1 P96119; ~, f THROUGH A CENTRAL ANGLE OF 49.3>'29' A DISTANCE (], - ~ ~ O OF 16456 FEET TO THE POINT Of TANGENCY; THENCE after 1ne sale. the IN THE SAID COURTI i S48`3310'E A D ST NCE Of 301.5) FEET TO THE POINT 1 Ilow y D Detl I, KEN J. MASCAR0. ' I LG fy OF CURVATURE OF CURVE CONCAVE TO THE NOR H pope I nM1 AS SMEq IFF Of ST EAST HAVING A RADIUS OF 100 00 FEET' HENCE SOUTH ` r ~ . s LUCIE COUnTY EASTERLY ALONG HE ARC Of SAID CURVE THROUGH A m FL ORIOA HgVE v ~ g , CENTRAL ANGLE OF 9'2611- A DSTANCE OF 8628 FEET LEVIED UPON All'. ` ' R TO THE POINT Of TANGENCY; THENCE N82 0039 E A DIS t0, 8 3 ], THE P GHT T TLF,. LANCE OF 841 B] FEET THENCE 508' 0 9'E A DIST N O ~ ~ ; 1 3 A VE OF fi55.3) FEET; THENCE SB)' 11'S9'W A DISTANCE OF VILLAS OF WINO AND IN TEflE51 OFD P T ` ~} 61 ~ U I OIN , acwrd- THE OEFFNOANT,I ~ 1 366.31 FEET TO THE P0'NT OF BEGINNING. MLL Iny Ic me Plal gICHAPO FITZPAT-'I CONTAINING 32.311 ACRES M110RE OR LE55. [M1araol reco,tlec .n PICK 0.'BFA FITZPAT.I III ~~ C ~ d Plel BngA 1l Pages R LK CUSTOMS k i UBL C HEARING iI h Co 8, Bn tnrougn BC ill GRAPH C5 N Ah0 ~ O ~ Cn R gerP A .3'd Fbo 5. Cn ry M YuD' fl ds M i0 TMF POLLON'ING B ,Id y 2300 Y B A F P' FI - tl T J h ZO 1010 beg Ting fi0C p.m. o ST. LUC E Coun1Y, OESCP BED PER ' fie. poan Ponde. $DM1AL PROPEq Y i01MT: aa~~ 11 L ~ ~ W'. d pe .1 D g - f M be hoperry stlp 9 11 666 SW V a 1996 MERCEDES 1 '' p L 7 ur I 1 tl u. W h 0 d f C Are. P . 5-. L ie, DOOR -BLACK IN C F l b dry P Apo U p S.vices Depsnmenl Plenty nil D' ~ IaasT3 days prip• F 3195 COLOR I al ~ C n redulad near ng TVe pent o fi nlabk for revew YIN W D 8 G A J r+ O Fps V ~ ~Mre Plennrng anC Oeveiopmem Service Oepenmem pK o to WTEp al 1o en Palm 3ESTA3t lJ?0 ,I wbaC al 2300 Mrrpinia Avenue, Pnd FWr, Fpn Pien:e, Fl°ride, Beacn, F W a, Mrs regular Duarnezs noun. eazeu ])2r4fi22822 TDD 18;n day ul iuly AND AT PUBLIC AUC~ as y N ~ , / ,>a/ in2 - u nave errs canton C ~+ ZO10. LION TC BE HFLDII ~}IF 1 GF ~ D W OF' THE 6TH DAY OF ~ JOSEPH E SMRN AUGUST, 2010, AT Th 5 L - C Boam M County C ne p k M N THE HOUR OF 800 ' y ' ~ ~ er e 1 ~ d re prant any sop ice m area Mre- Cir i'C n 0.M DR AS 90Ok I ~ O a pu . ~ h $L Lurie Cwmv IHEPEAFi ER A5 I I I ' Tn - f h B f C ~ - O ~ ) . q g s e asra o h C mms are Br: s Te,vwa STebon P095 BCE, Al THE h ~ PURSUANT T05 - 286.005 F n4pury prL EAST ENO OF THE ; " ~J O. i l M t-d TT UI 1 j 0 5 Bo fC pryC paM p~ y tl DV FIpST F OOR OF P f h P i • ~ nomry or t e a ^ THE ST. .LLIF d 0 y n 1 tl i lift. COUNTY' COUfli F M1 d ~ ~ ~ / \ ~ v - W Dos ee P e - pCKFP KPIVOKb HOUSE ADDITION t.~ T d f ~~ p- ' - V 6 h 0 pp S OLOFF PA. 218 SOUTH SECOND., C n h De D etl. Up h I T parry N p 1818 Auirral an Ave STREET h' $T L'J I /5 ~~ fy ~ . 'tl k h~ 90 -erg n p 116 p?Y Souse Suite 100 Clf CDU TY FORT $~$ V ~ y , . t 1n p, tlwtl C N G du 'rp ~p po K I' ~~PN Bexn FL PIEL CEQ F.EFIDA~gI I ~('~q'F 1 ~ l g ~ fm scot a. -T-LOE, SA E i0 THE HIGH '^"'Y~^° - ~ ESOwPE FST ANO REST 910.0 T bsaibc, i ~~ ~J ~ N f-1 t A V ~ ~h g acro of FW. B BN°. YiBBF OEP FOfl CASX IN'. 1 86E'03Liy` el ny anou d co a St Lu< CountY Comma ry R' H C ALL T X E M - ' ~ anNe. n aeM f M 9 11401 Vwurs PRO. to Me m 9 P s flIGHi. TITIf AND 111Me MUSIC in 'I D>1k6215a6 o'TD:J N16)lal6 Any quMwne abp nia ' n ' . sty DcaD lil es: r. INTEREST 0[ THE diaFried genes may De referred b Bs. Lucie County Ppnniny Div,sicn as to tn< OE FENpAMT. gICH- ' .Wwr4KN191 (»21162 2622. R wirf. pia- 0.gD fITZPA iPICK " r9iA FITZPAigICK f;M N„Naz9 I NYti A pA! ' D es c, N . BOARD OF COUNTY COMMISSIONEgS am N~~.Ff M1 sT ucE COUkrv. FLORIDA ea .m.oo e'sTOMS 6 ~~~~ .5. CHARLES GFIANJE, CHAIRMAN D~ h rrepu nq - GR4P C5. IM1 AND e TC E Ar ORESAD )t 61'sh. JUV6 2610 MDZn - PENSDN0.L PFOP- Tr Class M 5'190 ....~ -.,. ~...~ ~ .... .,. Planyour weekend dining out '' now. • ~' /~ l ~TI ^ ~^ x ~:,, a~ a Find a great restaurant now at Treasurecoastdi n i ng.com, the premier source for dining information on the Treasure Coast. Make your selection by type of cuisine, area; or restaurant name. I Get a scaleable road map I cf your dining destination. You can also leave comments. write a review, and even rank your favorite place. Try Treasurecoastdining.com for yourself today, and bring your weekend plans with you. treasurecl~~ 1 ~;~~dining, -Brought to gad by TCf'ALM.co>K~.. ~m FORM 8B MEMORANDUM OF .VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER .LOCAL PU6LIC OFFICERS LAS NAME-F1RSTNAME-MIDDLE yAME f E/ OF 90ARD; COUNCIL, COMMISSION, OR COMMITTEE ,t/iW,vcd2ow od ~/ Araa~~ ~~Ic MAILINGADDR SS r ~ THE BOARD, COUNCIL, OMMLSSION, AUTHORITY OR COMMn'TE N WHICH I SERVE IS A UNR OF: C 7~f~ COUNTY QCnYCOUNTY OOTHER LOCAL AGENCY ~~. ~ C / ~~ ~ ~ /G JL ~E OF POLITICAL 31/aDIVISION: C s ~ L DATE ON WHICH VOTE OCCURRED O/t.r) uG lL z ~ ^0 ~ h/e MY POSITION IS: Q ELECTIVE APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, dty, or other bcel level of government on an appointed or elected board, council, commission, authority, or Committee. It applies equaNy to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a Conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay dose attention to the instructions on this form before completing the reverse side and filing the farm. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, munidpal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also k prohibited from knowingly voting on a mea- sure which inures to the spedal gain or bss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the spedal private gain or loss of a relative; or to the special private gain or loss of a businesc assodate. Commissioners of community redevelopment agendas under Sec. 163.356 or 183.357, F.S., and officers of independent apeclal tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative' includes only the officers father, mother, son, daughter, husband, wrfe, brother, sister, father-in-law, mother-in-law, son-in-Taw, and daughter-in-law. A 'business assodate' means any pen3on or entity engaged in or cartying on a business enterprise with the officer as a partner, joint venturer, Coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the forth in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may pattidpate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: - You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) ~ u u-~~ JIJN 0 3 2010 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publidy at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT 8Y DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. - You must complete the forth and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must tie read publicly at the next meeting alter the form is tiled. DISCLOSURE OF LOCAL OFFICER'S INTEREST t, '~1 ~/Y1lfQ- /Yrz/lJrl1!-/" , hereby disclose that on ~Q y oZ0 • 20 /o (a) A measure came or will Dome before my agenry which (check one) _ inured to my special private gain or loss; ' / / D inured to the special gain or toss of my business associate, ~~ V t f I~UG ~DQ-/~ ~ ~l rIG~D/'S _ inured to the spedal pain or loss of my relative, _ inured to the special gain or loss of . by whom 1 am retained; or _ inured to the special gain or loss of .which is the parent organization or subsidiary of a prinapal which has retained me. (b) The measure before my agency and the nature of my wnflicting interest in the measure is as follows: ~. S~`1D 8erro~~f~. Q_ ~da,-ti,r21~,n>1h_~___t^ -.~ _I aDtD~031 Yi~~'l ou n~ QP,~t,r lJ. ~-4aLrf-LSon! -~n r c~ Conal.~-fit alU~ Ltse ~m ~-~ -I•n al I oc.~ ~'Dr a. Snt~ rntntt1~ Gpa<tRhcrJ 1N~-h~. tab-S CA6~lucl~tt.rQt-Idtc/3acr~s~ Z o u I Pf 6 t~ istr~c:~-. ~ p . _ ~ c.t 6-/- /C~ Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 510,000. CE FORM 88 - EFF. 112000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS tJ1 T NAME-FNtaT NAME-~A~DLE NAME NMiE OF 80~1RD. CpUNC1L. C01a~MBS10N. nY. oR CONMNTiEE AMILING ADOR S8 ~5bd dr',O ~~/. THE ppINCS, 3810N. OR COAartIT1EE w ICH I eErivE Is~uNrroF: H Cm COUNTS I ~ ,, ^Cm ~COtMtrY ^oT-+ER LOG1L AGENCY t, [ FL3 ~ ~S I S'{ , L ~ - NAME of POLIrIG1L ION: OATE ON WHICH VOTE OCCURR D ~e ' ~"" E ~y ~a '^ / /` oC(J DIY POBrr10N IS: ^ ELECTIVE APPOa~rTNE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, oily, or other local level ~ govenrnent on an appointed or elected board, ooundl, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies vrho are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibiMies under the law when faced with voting on a m~sure in which you have a conflict of interest will vary groatiy depending on whether you hold an elective or appointive position. For this reason, .please pay done attention to the instructions on this form before completing the revense side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES .~ A person holding elective or appointive county, municipal, or other bcal public ot6oe MUST ABSTAIN from voting on a measure which inures fo his or her specal private gain or bas. Each elected or appoleted local oAicar-also is Prohibited from knowingly voting on a mea- sure MAriCh inures to the special gain or bas of a principal (other than a government agency) by vNlorn he or she is retained (inducting the parent organization or wbsidiary of a corporate principal by which he or she is rctsined); to the spedsl private gain or bas of a rctative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agenaes under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a onesCre, one-vote basis are not prohibited from voting in that capaaty. For purposes of th~~ldw. a'rclative''indudes only the officers father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-lavr, son-iMaw, and daughter-in-law. A 'business assoaate' means any person or entity engaged in or carrying on a business enterprise with the ottioer as a partner, joke venturer, coowr-er of property, or corporate shareholder (where the shams of the oorptxation arc rw! listed on any national or regional atodc exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disdose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorpaale the form in the minutes. APPOINTED OFFICERS: AfUwugh you moat abstain howl voting in the siuabons described above, you otherwise may participate in these matoers. However, you moat dhcbae the nature of the conflict bebre making any attempt to influence the decision, whether ore~r or in writing and whether made by you or st your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE INEITING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A Dopy of the form must be provided imrtrndialely to the other members of the agency. • The forth must be read publicly at the neat meeting aRer the form fs bbd. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT 8Y DISCUSSION AT THE MEETING: • You must disclose orally the nature of your oonlGct in the measure before participating. . • You mutt compote the form and 61e ft within 15 days after the vote occurs wQh the person responsibb for racoNing the minutes of the meeting, who must inoorporabe the form in the minutes. A copy of the form must be provided immediately to the other members of the agency. and the form must be read publicly at the next meetNrg after the brtn is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST !, C ~.~ SCLn L . C Aem -J , hereby disCbse that on M ~-O 20 ~O (a) A measure came or will Dome before my agerwy which (check one) inured to my special private gain or loss; ~ inured to the special gain or loss of my business associate, 1--l~nS ~n~ _ inured to the special gain or loss of my relative, _ inured to the special gain or loss of , by whom 1 am retained; or _ inured to the special gain or loss of .which is the parent organization or subsidiary of a prinapal which has retained mB. (b) The moaaure before my agenry and the nature of my conflicting interest in the measure is as fdbwa: ~ , ,~.~ ~ n ~ o~aD-~ Ply ~ A ;arvrns i2 : C~. i ao io~.o3 I Y~~-t~-Ibnl o~ ~e~er W.i~lur'r~sor.1 -~'vr a C~n~.-(tflaa.r ~,(,Se_-~ef'M-t a-o a., l l oc~ ~ar ~. Sarr! m. n t tn.g o.p e.r a~ I o rJ I N ~ Ab S L I~ n c..u.l~, ra.l c~ u ~ 5 ~cfz.ES~ ~. o s.l l f1~ r; D l t:+r I ~f Date Filed signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY RE(2UIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOIMNG: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 610,001). ~ CE FORM tIB - EFF. 1/2000 PAGE 2 ITEM NO. III-E, . ~ ~ - - DATE: 5/20/10 . . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING (X ) LEG. ( ) QUASI-JD (X ) CONSENT ( ) TO: Planning and Zoning Commission PRESENTED BY: Diana Waite ~,L SUBMITTED BY: Planning and Development Services Senior Planner Department, Planning Division SUBJECT: Petition of Peter Harrison for Conditional Use Permit Approval for a sand mining operation to be known as SR 70 Borrow Pit at Adams Ranch. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Forward this petition to the Board of County Commissioners with a recommendation for Board adoption of Resolution No.10-103 granting approval, as outlined in the attached memorandum. CoordinationlSianatures County Attorney (X) ~~~ County Surveyor Daniel S. McIntyre County Engineer (X) ~~I Michael Powley Originating Dept. (X) Mark Satterlee ERD Ron Harris (X) ren Smith PLANNINGAND ZONNG COMMISSION Conditional Use Permit For a Mining Operation in AG-5 Zoning 0 AGENDA ITEM No. III-E Hearing Date: May 20, 2010 GM File Number CU 120104031 Applicant ,Peter Harrison, VP Adams Ranch, Inc. P.O. Box 12909 Fort Pierce, FL 34979-2909 X772-461-6321 Property Location North side of State Road 70, I, approximately 3 miles west of Summerlin Road. Land Use & Zoning Both are AG-5 (Agricultural-1 unit per 5 acres) Staff Recommendation Forward this petition to the Board of County Commission- ers with a recommendation for Board adoption of Resolution No.10-103 granting approval, as outlined in the staff memoran- dum. Previous Action None Proiect Staff Diana Waite, AICP Senior Planner 772-462-1577 waited@stlucieco.org Orange Ave I, ~',~ `, 0.d ~'° < ~~ ~ -- '~ I, ; ~ I _ ~n / ~N a "^ n p ~_ N CU-120104031 Peter W. Harrison - SR 70 Borrow Pit at Adams Ranch ~~ r" . ~ ~; ' $ vY 1S ~ ~J': ~. ~ ~'_~ '~ r ~ I . _ s .- - : ~~ .•= - ~ , ~ ~ a +~ e z ~~ ' ~ ~ - i ® Conditional Use boundary N Parcel boundaries 500 ft. notification area M,,,,.,,,,,n~,:o,m,o Location: North side of State Road 70, approximately 3 miles west of Summer- lin Road. Project Description Recommended Action Peter Harrison is requesting a Conditional Forward this petition to the Board of Use Permit to allow for the removal of sand County Commissioners with a recom- for use as fill material for a portion of the mendation for Board adoption of Reso- State Road (SR) 70 widening project. The lution No.10-103 granting approval, as proposed conditional use can be authorized outlined in the staff memorandum. under the provisions of SLC Land Develop- ment Code (LDC) Section 3.01.03(C)(7)(i), Notice Requirements Mining and quarrying of nonmetallic minerals, except fuels. The conditional use boundary Public hearing notice was placed in contains 32.37 acres. the St. Lucie News Tribune, letters sent to property owners within 500 The application indicates that the fill materi- feet of the subject property, and a sign als will be moved offsite to a section of the Placed on the property. SR70 roadway construction project in close Public Input Received: proximity to the borrow pit site. In conjunction with the application for a conditional use per- A letter in support for the petition was mit, the applicant has also applied for amin- received from the adjacent property ing permit through the St. Lucie County Engi- owner. veering Division. All activities authorized by the mining permit must be consistent with the Further details are found in the at- approved Conditional Use Permit. tached memorandum and staff re- port. _ Planning and Development Services .. ~ ~ r Department ~ ~ MEMORANDUM TO: Planning and Zoning Commission THROUGH: Mark Satterlee, Direc~ Kara Wood, Planning Manager FROM: Diana Waite, Senior Planner i~% l Planning Division DATE: May 20, 2010 SUBJECT: Petition of Peter Harrison for Conditional Use Permit Approval for a sand mining operation to be known as SR 70 Borrow Pit at Adams Ranch. ITEM NO. III-E GENERAL INFORMATION: Applicant: Adams Ranch Inc. Contact Person: Peter Harrison, VP Phone: 772-461-6321 Requested A Conditional Use Permit to allow for the mining of sand in the AG-5 (Agricultural - Action: 1 unit per 5 acres) Zoning District. Purpose: The purpose of the requested Conditional Use Permit is to allow for the removal of sand that will be utilized as fill material for a portion of the State Road (SR) 70 construction project. The conditional use can be authorized under the provisions of SLC Land Development Code (LDC) Section 3.01.03(C)(7)(i), Mining and quarrying of nonmetallic minerals, except fuels. Location: The mining area is located approximately 600 feet north of SR 70 and 3 miles west of Summerlin Road. Tax Ids: Part of parcel #3102-111-0001-0000 and #3101-211-0001-0004 Size: 32.37 total conditional use boundary acres 19 acres to be mined 2+ acre unimproved haul road Page 2 May 20, 2010 Subject: SR 70 Borrow Pit at Adams Ranch File No.: CU 120104031 Fire/EMS Protection: Station #11 (3501 Shinn Blvd), is located approximately 9 miles east. Existing Conditions: Existing Land Use and Zoning: Future Land Use Zonin Existin Land Use AG-5 (Agricultural - 1 unit per 5 acres max.) AG-5 (Agricultural - 1 unit per 5 acres) Pasture lands and sod farm Surroundin Land Use and Zoning: Future Land Use Zonin Existin Land Use North AG-5 (Agricultural - 1 AG-5 (Agricultural - 1 unit Pasture lands unit er 5 acres er 5 acres South AG-5 (Agricultural - 1 AG-5 (Agricultural - 1 unit Agriculture, the unit per 5 acres) per 5 acres) applicant's ownership extends to SR 70. East AG-5 (Agricultural - 1 AG-5 (Agricultural - 1 unit Pasture lands unit per 5 acres) per 5 acres) West AG-5 (Agricultural - 1 AG-5 (Agricultural - 1 unit Pasture lands unit per 5 acres) per 5 acres BACKGROUND INFORMATION The proposed mining operations will provide fill for the construction related to the widening of a segment of State Road 70 in close proximity to the mining site. The haul road is for mining operations only and in no way approved for development within the conditional use boundary or the adjacent Adams Ranch. The conditional use boundary contains 32.37 acres encompassing the mining area and haul road. The mining area consists of 19 acres to be mined in one phase. The project does not include a staging or stockpile area, a scale house, parking or accessory buildings. The applicant indicates that the existing SR 70 staging area will provide employee parking and all dirt will be used for the widening of SR 70, therefore no scale will be required. View to the west along the proposed haul rd. Proposed mining area (cleared area). View to the S-SW Page 3 May 20, 2010 Subject: SR 70 Borrow Pit at Adams Ranch File No.: CU 120104031 The distance between the conditional use boundary and the parcel boundaries are indicated below. Direction Proposed Setbacks from the Conditional Use Bounda Eastern pro a line 2431 feet Western propert line 3192 feet Northern propert line 152 feet Southern propert line 600 feet The St Lucie County mining permits may vary in length from 5 years (Class I) to 20 years (Class II). The applicant has submitted an application for a Class I mining permit that is currently under review. The proposed mining material is for a specific phase of SR 70 construction that will require 470,000 cubic yards of sand. The proposed mining site is in close proximity to the SR70 section requiring the fill material. The draft resolution contains a condition of approval requiring the issuance of the required mining permit prior to the commencement of any mining operations. CONSISTENCY WITH THE ST. LUCIE COUNTY COMPREHENSIVE PLAN In reviewing this application the following goals, objectives, and policies of the St. Lucie County Comprehensive Plan were identified as the primary components applicable to this petition: 1. The subject parcel and surrounding parcels are designated AG-5 on the Future Land Use Map. The parcel's AG-5 Zoning District is consistent with this designation as indicated on the Land Use Designation//Zoning Compatibility Matrix (Table 1-3) of the Future Land Use Element. 2. Future Land Use Objective 1.1.2: Provide in the land development regulations provisions for a compatible and coordinated land use pattern which establishes agriculture as the primary use outside of the urban service boundary and promotes retention of agricultural activities, preserves natural resources and maintains native vegetative habitats. The proposed mining activities are not expected to be detrimental to the protection of the adjacent agricultural activities and natural resources. Part of the mining site has been used for sod farming and the mining operations have been located to avoid impacts to the sites natural resources. 3. Future Land Use Policy 1.1.9.11: Enforce Section 6.06.00 of the County's land development regulations which requires that extraction activities for natural resources be permitted only where compatible with existing and proposed land uses. All operations must be in accordance with all applicable regulatory permitting requirements. Land Development Code Section 6.06.00 provides for the issuance of a mining permit subject to specified restrictions, regulations and conditions. This section provides specific setback requirements from roadways and buffering of commercial and residential uses within 200 feet. The proposed conditional use is not located within 200 feet of these uses. The closest residential home is located 725 feet north of the conditional use boundary. A condition of approval requires issuance of a mining permit prior to the issuance of any mining operations. 4. Future Land Use Policy 1.1.9.12: Enforce Section 6.06.00 of the County's land development regulations which require that areclamation/restoration plan be part of the required application for an extractive use permit. Page 4 May 20, 2010 Subject: SR 70 Borrow Pit at Adams Ranch File No.: CU 120104031 A reclamation plan was submitted as part of the mining permit application and is currently being reviewed by County staff. The reclamation plan proposal will be finalized prior to forwarding any request for a mining permit to the Board of County Commissioners. A condition of approval for the conditional use permit is recommended to require that prior to commencing any operation of the mining efforts on the property, the applicant obtain an approved mining permit from St. Lucie County that is consistent with the Conditional Use Permit and Section 6.06.00 and 11.05.11 of the Land Development Code. 5. Conservation Policy 8.1.7.5: At a minimum mining shall not be permitted in the following environmentally sensitive areas: a. The North and South Savannas; b. Atlantic Coastal Ridge; c. Within any identified environmentally sensitive area or within two hundred (200) feet of such an area; d. Coastal High Hazard Area; e. Hutchinson Island; or f. Environmentally sensitive areas as defined under Objective 8.1.12. Mining operations will only occur outside of the above environmentally sensitive areas. The mining cells have been located to maintain 200-foot wide buffers around all wetlands. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for the proposed conditional use, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed conditional use is in conflict with any applicable portions of the St. Lucie County Land Development Code and the Comprehensive Plan; The proposed conditional use is not in conflict with any applicable portions of the St. Lucie County Comprehensive Plan or Land Development Code (LDC). The property is within an AG-5 Zoning District and Future Land Use Designation. LDC Section 3.01.03(C)(7)(i), AG-5 (Agricultural - 1 unit per 5 acres), allows for mining and quarrying of nonmetallic minerals as a conditional use, subject to Board of County Commission approval. The applicant provided a cultural resource survey of the borrow pit area. The assessment included an archival review, a pedestrian survey, and subsun`ace testing. No archaeological material was located and the author of the survey concluded that the site has a low to moderate probability for containing prehistoric resources. 2. Whether and the extent to which the proposed conditional use would have an adverse impact on nearby properties; Provided that the mining operations are conducted in accordance with the proposed conditions of approval, and all applicable laws and best management practices, this conditional use is not anticipated to have any negative effects upon any adjacent lands or interests. Page 5 May 20, 2010 Subject: SR 70 Borrow Pit at Adams Ranch File No.: CU 120104031 The proposed mine is located within a rural agricultural area with surrounding lands predominately agricultural. At its closest point, the proposed mining site is located about 600 feet north of the SR 70 right-of-way. Existing vegetation, including pine flatwoods and wetland areas, should serve as an effective buffer between the adjacent roadway and proposed mining operations. The closest parcel with asingle-family residence is located 152 feet to the north, with the single-family home located approximately 725 feet north of the conditional use boundary. The remaining land uses are classified as agricultural or grazing land. The application indicates that the operation will require 10 employees and the hours of operation will be limited to Monday through Saturday between the hours of lam and 7pm. The applicant has also indicated that the proposed mining operation will not use blasting. As such, a recommended condition of approval for this conditional use permit is that no blasting be associated with the mining operation and that the hours of operation be limited to the specified hours. 3. Whether and the extent to which the proposed conditional use would be served by adequate public facilities and services, including roads, police protection, solid waste disposal, water, sewer, drainage structures, parks, and mass transit; The proposed mining operation is not expected to create significant additional demands on any public facilities in this area. The subject property is located outside the urban service boundary with limited public services. No buildings will be constructed and the trips generated by the mining activities are for the purpose of improving the adjacent roadway which will result in an approved level of service. A Concurrency Test has been conducted and a Certificate of Capacity can be granted for the project. Water and Wastewater No on-site water or wastewater service will be provided. Adequate Fire Protection The St. Lucie County Fire District staff has reviewed and approved the proposed conditional use. Transportation System Access to the mining area will be from SR 70, along an existing access drive to a point approximately one-quarter mile north where the road will connect to a 24 feet wide stabilized haul road that will extend to the mining site. SR 70 is currently under construction to widen the road to a four lane divided highway. No additional offsite improvements are required. The haul road is located within an existing FPL easement and private drive. This project will serve heavy truck traffic volumes associated with the existing SR70/Okeechobee Road construction improvements. The maintenance of traffic issues should be handled through SR70 improvements. 4. Whether and the extent to which the proposed conditional use would result in significant adverse impacts on the natural environment; The project is not expected to result in significant adverse impacts on the natural environment. The Environmental Resources Department report states, "adjacent pine flatwoods and wetlands have been avoided, while 31 cabbage palms and a 0.22-acre palmetto prairie would be impacted by the current proposal. The applicant proposes to mitigate for impacts to native trees and vegetation Page 6 May 20, 2010 Subject: SR 70 Borrow Pit at Adams Ranch File No.: CU 120104031 through planting of approximately 1,000 saw palmettos within the reclaimed lake's upland buffer and relocation of impacted cabbage palms into the SR70 right-of-way." Review of the project's impact on water quality and quantity is under review by the County's Public Works Department and the South Florida Water Management District. Compliance with all local, state and regional water quality and water use requirements are expected to protect the surface and ground waters from any adverse impacts. COMMENTS The conditional use will allow a mining operation to provide fill material required for the widening of SR 70. The application indicates that the fill will be moved offsite to a section of the roadway construction in close proximity to the borrow pit site. The hauling from this mining site is not expected to affect any local roads. In conjunction with the application for a conditional use permit, the applicant has also applied for a mining permit through the St. Lucie County Engineering Division. A recommended condition of approval of this application is that prior to any mining activities occurring on the property, a Mining Permit, meeting the requirements of LDC Section 11.05.11 be obtained. All activities authorized by the mining permit must be consistent with the approved Conditional Use Permit, or a modification to the conditional use permit is required. RECOMMENDATION Staff finds that, with the proposed conditions, this petition meets the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that the Planning and Zoning Commission forward this petition to the Board of County Commissioners with a recommendation of Board adoption of Resolution No. 10-103, granting approval as outlined in this agenda memorandum. If you have any questions on this matter, please contact this office Page 7 May 20, 2010 Subject: SR 70 Borrow Pit at Adams Ranch File No.: CU 120104031 Suggested motion to recommend approval/denial of this requested conditional use. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF PETER HARRISON FOR A CONDITIONAL USE PERMIT TO ALLOW FOR A SAND MINING OPERATION IN THE AG-5 (AGRICULTURAL - 1 UNIT PER 5 ACRES) ZONING DISTRICT, BECAUSE... [LIST CONDITION(S)] MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF PETER HARRISON FOR A CONDITIONAL USE PERMIT TO ALLOW A SAND MINING OPERATION IN THE AG-5 (AGRICULTURAL - 1 UNIT PER 5 ACRES) ZONING DISTRICT, BECAUSE... [CITE REASON(S) WHY -PLEASE BE SPECIFIC] ~~ ,-;~=~ Environmental Resources ~ Department • ~ ' Companion Report TO: Planning and Zoning Commissioners THROUGH: Karen Smith, Environmental Resources Department Director~'~ FROM: Yvette Alger, Environmental Resources Department Amy Mott, Environmental Regulations Division Manager DATE: May 3, 2010 SUBJECT: Petition of Peter Harrison for Conditional Use Permit Approval for a sand mining operation to be known as SR 70 Borrow Pit at Adams Ranch. Back_ round The Planning & Development Services Department requested Environmental Resources Department (ERD) input on the applicant's request for Conditional Use Permit approval. Findings ERD findings are presented in the ERD Final Report, which has been included in the agenda packet. Recommendations ERD supports approval of the requested Conditional Use Permit. S ature COC.[ NTY F L O R I D A Environmental Resources Department Final Report TO: Diana Waite, Planning and Development Services Department THROUGH: Karen Smith, Environmental Resources Department Director FROM: Yvette Alger, Environmental Resources Department Amy Griffin, Regulations and Lands Division Manager DATE: May 4, 2010 SUBJECT: SR70 Borrow Pit at Adams Ranch Conditional Use (CU 120104031) Background The Environmental Resources Department (ERD) is in receipt of the March 19, 2010 Planning & Development Services' date-stamped resubmittal. Staff completed a site visit in December 2009 and performed an initial review. The applicant is requesting approval of a 32.37-acre Conditional Use to allow for a proposed 19-acre mine within an 827.71-acre site. The project site contains a mix of active sod farms, wetlands, pasture with scattered cabbage palms and live oaks, agricultural canals/ditches, and pine flatwoods. The site is bounded by Okeechobee Road to the south, with additional Adams Ranch sod and pasture lands to the north, east, and west. The property is a bona-fide agricultural operation. Findings On December 22, 2009, the South Florida Water Management District provided apre- application wetland determination, identifying four wetlands within the vicinity of the proposed mining lake. The Conditional Use boundary, which encompasses all areas of proposed mining activities, has been sited at least 200 feet from these wetlands, in adherence to Comprehensive Plan Policy 8.1.7.5. Another potential wetland area was identified at the northeast corner of the intersection between the haul road and Okeechobee Road. This area was addressed in the resubmittal, with no impacts proposed and 200' buffers provided from all mining activities. A jurisdictional determination by applicable agencies is required as a condition of approval. The proposed mining footprint has been sited primarily within existing active sod and pasture lands and configured to avoid impacts to much of the existing native vegetation. Adjacent pine flatwoods and wetlands have been avoided, while 31 cabbage palms and a 0.22-acre palmetto prairie would be impacted by the current proposal. The applicant Environmental Resources Department Final Report SR70 Borrow Pit at Adams Ranch Conditional Use May 4, 2010 proposes to mitigate for impacts to native trees and vegetation through planting of approximately 1,000 saw palmettos within the reclaimed lake's upland buffer and relocation of impacted cabbage palms into the SR70 right-of-way. The applicant submitted a revised Environmental Impact Report (EIR), which includes the results of the 2010 caracara surveys and concludes that no adverse impacts to caracara are likely to result from the proposed mining activities. The applicant has forwarded the survey results to the US Fish and Wildlife Service (FWS) for their review. A condition of approval requires that FWS approval be provided prior to issuance of a Vegetation Removal Permit or Exemption (Comprehensive Plan Policy 8.1.12.5). The proposed mining activities have been set-back approximately 900 feet from Okeechobee Road. Existing vegetation, including pine flatwoods and wetland areas, will screen the proposed mining operations from the adjacent roadway. Therefore, additional landscaping along Okeechobee Road is not required. Conditions of Approval 1) Prior to Mining Permit approval, the applicant shall provide the Environmental Resources Department with a Tree Mitigation Plan, Reclamation Plan, and Lake Area Monitoring and Management Plan approved by the County and all other affected agencies. The mitigation plan shall outline proposed cabbage palm relocation and maintenance methods. The applicant shall be responsible for the costs of relocation and subsequent maintenance (Land Development Code [LDC] Section 6.00.05.D.3.a.2). Mitigation, reclamation, and initial monitoring and management costs shall be included in the Mining Permit bonds (LDC Sections 11.05.11.C and D). 2) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have obtained and provided the Environmental Resources Department with all required federal and state permits and approvals, including but not limited to the Environmental Resource Permit, South Florida Water Management District Water Use Permit, US Fish and Wildlife Service approval, and St. Lucie County mining permit. If federal or state agency compliance requires modification to the mining plans or implementation of conservation measures, the applicant will promptly modify the plans and submit to St. Lucie County for review and approval. The County's development approval shall not prevent compliance with any federal or state agency requirements. 3) Prior to release of the Pre-Mining bond, all invasive exotic vegetation located within the Conditional Use area shall be removed (LDC Section 7.09.05). 4) Prior to issuance of a Vegetation Removal Permit or Exemption, if more than one year or nesting season has elapsed since the most recent listed species surveys were conducted in accordance with appropriate state and/or federal protocols, updated surveys shall be required for the crested caracara, as well as any other listed species for which the state or federal government have required updated surveys. Surveys should be conducted in accordance with appropriate state and/or federal protocols, and documentation of survey methods and resu-ts shall be -2- Environmental Resources Department Final Report SR70 Borrow Pit at Adams Ranch Conditional Use May 4, 2010 provided to the Environmental Resources Department, as well as the appropriate state and/or federal agencies. In the event that the applicant obtains written documentation from the US Fish and Wildlife Service for federally-listed species or the Florida Fish and Wildlife Conservation Commission for state-listed species, indicating that updated surveys will not be required for this project, this condition of approval will be considered addressed. 5) Within 90 days of Mining Permit approval or prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the applicant shall provide the required Environmental Resources Department-approved Lake Area Monitoring and Management Plan with an attached affidavit, and a cashier's check, payable to the Clerk of the Court for the appropriate recording fees, to the County Attorney for review and approval. Recommendations Staff supports the recommendation of approval of the SR70 Borrow Pit at Adams Ranch Conditional Use application. Please contact Yvette Alger (Sr. Environmental Planner) at 772-462-2866 if you have any questions. -3- Resolution No. 10-103 File No.: CU 120104031 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A SAND MINING OPERATION IN THE AG-5 (AGRICULTURAL - 1 DU/5 ACRES) ZONING DISTRICT FOR PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. 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: 1. Peter Harrison presented a petition for a Conditional Use Permit to allow for the operation of a Class I Mining Operation to be known as SR 70 Borrow Pit at Adams Ranch, in the AG-5 (Agricultural - 1 du/5 acre) Zoning District for the property depicted on the attached map in Exhibit "A" and described in Part B below. 2. On May 20, 2010, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners (approve or deny) the hereinafter described request for a Conditional Use Permit Approval in the AG-5 (Agricultural, 1 du/5 acres) Zoning District for the property described in Part B. 3. On , 2010, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed Conditional Use Permit, with the conditions therein, is consistent with the goals, objectives and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land Development Code. 5. With the proposed conditions, the project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 6. The applicant has received a Certificate of Capacity, a copy of which is attached to this order as Exhibit "B", as required under Chapter V, St. Lucie County Land Development Code. XXX, 2010 Resolution No. 10-103 File No.: CU 120104031 Page 1 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a Conditional Use Permit to allow for the operation of a sand mine, to be known as SR 70 Borrow Pit at Adams Ranch, in the AG-5 (Agricultural - 1 du/5 acre) Zoning District, at the location described in Part B, and depicted on the map attached as Exhibit A, is hereby approved subject to the following conditions: 1. The mining activities on the property described in Part B shall consist of the surveyed limits of the borrow pit area and the haul road to service the mining activity, as generally depicted on the drawings prepared by Engineering, Design and Construction Inc. dated - , 2010, subsequently revised through _ , 2010, and date stamped received by the St. Lucie County Growth Management Director on , 2010. 2. Prior to commencing any operation of the mining efforts on the property, the applicant shall be required to obtain an approved mining permit from St. Lucie County that is consistent with this development order and Section 6.06.00 and 11.05.11 of the Land Development Code. 3. The hours of operation for this mining operation will be 7:00 AM to 7:00 PM, Monday through Saturday. No additional hours of mining operation will be permitted unless the Board of County Commissioners approves a revised Conditional Use Permit. 4. There shall be no blasting permitted within the mining operation. 5. Access to the mining site shall only be from State Road 70 along the approved haul road. 6. No mining truck shall be allowed to utilize Carlton Road. 7. Prior to Mining Permit approval, the applicant shall provide the Environmental Resources Department with a Tree Mitigation Plan, Reclamation Plan, and Lake Area Monitoring and Management Plan approved by the County and all other affected agencies. The mitigation plan shall outline proposed cabbage palm relocation and maintenance methods. The applicant shall be responsible for the costs of relocation and subsequent maintenance (Land Development Code [LDC) Section 6.00.05.D.3.a.2). Mitigation, reclamation, ~ and initial monitoring and management costs shall be included in the Mining Permit bonds (LDC Sections 11.05.11.C and D). XXX, 2010 Resolution No. 10-103 File No.: CU 120104031 Page 2 8. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have obtained and provided the Environmental Resources Department with all required federal and state permits and approvals, including but not limited to the Environmental Resource Permit, South Florida Water Management District Water Use Permit, US Fish and Wildlife Service approval, and St. Lucie County mining permit. If federal or state agency compliance requires modification to the mining plans or implementation of conservation measures, the applicant will promptly modify the plans and submit to St. Lucie County for review and approval. The County's development approval shall not prevent compliance with any federal or state agency requirements 9. Prior to release of the Pre-Mining bond, all invasive exotic vegetation located within the Conditional Use area shall be removed (LDC Section 7.09.05). 10. Prior to issuance of a Vegetation Removal Permit or Exemption, if more than one year or nesting season has elapsed since the most recent listed species surveys were conducted in accordance with appropriate state and/or federal protocols, updated surveys shall be required for the crested caracara, as well as any other listed species for which the state or federal government have required updated surveys. Surveys should be conducted in accordance with appropriate state and/or federal protocols, and documentation of survey methods and results shall be provided to the Environmental Resources Department, as well as the appropriate state and/or federal agencies. In the event that the applicant obtains written documentation from the US Fish and Wildlife Service for federally-listed species or the Florida Fish and Wildlife Conservation Commission for state-listed species, indicating that updated surveys will not be required for this project, this condition of approval will be considered addressed. 11. Within 90 days of Mining Permit approval or prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the applicant shall provide the required Environmental Resources Department-approved Lake Area Monitoring and Management Plan with an attached affidavit, and a cashier's check, payable to the Clerk of the Court for the appropriate recording fees, to the County Attorney for review and approval. B. The subject property is described as follows: A PARCEL OF LAND LYING IN SECTIONS 1 AND 2. TOWNSHIP 36 SOUTH, RANGE 37 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 2, RUN N00°31'36"E ALONG THE EAST LINE OF SAID SECTION 2, A xxx, 2010 File No.: CU 120104031 Resolution No. 10-103 Page 3 DISTANCE OF 1667.87 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. RUN THENCE S82°11'59"W A DISTANCE OF 1132.18 FEET; THENCE N48°33'10"W A DISTANCE OF 298.30 FEET; THENCE N03°33'10"W A DISTANCE OF 258.16 FEET; THENCE S85°25'45"W A DISTANCE OF 349.37 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 133.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°56'01" A DISTANCE OF 57.88 FEET TO THE POINT OF TANGENCY; THENCE S60°29'44"W A DISTANCE OF 391.00 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 167.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°56'01" A DISTANCE OF 72.67 FEET TO THE POINT OF TANGENCY; THENCE S85°25'45"W A DISTANCE OF 165.43 FEET; THENCE S04°34'15"E A DISTANCE OF 1466.21 FEET; THENCE TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SR-70; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE S69°02'37"W A DISTANCE OF 2.97 FEET; THENCE S20°57'23"E A DISTANCE OF 5.00 FEET; THENCE S69°02'37"W A DISTANCE OF 50.62 FEET; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE OF SR-70 RUN N04°34'15"W A DISTANCE OF 1520.13 FEET; THENCE N85°25'45"E A DISTANCE OF 215.43 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 133.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°56'01" A DISTANCE OF 57.88 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE N60°29'44"E A DISTANCE OF 391.00 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 167.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL OF 24°56'01" A DISTANCE OF 72.67 FEET TO THE POINT OF TANGENCY; THENCE N85°25'45"E A DISTANCE OF 349.97 FEET; N03°33'10"W A DISTANCE OF 186.76 FEET; THENCE N47°22'16"W A DISTANCE OF 192.34 FEET; THENCE S90°00'00"W A DISTANCE OF 54.08 FEET; THENCE N03°33'10"W A DISTANCE OF 36.89 FEET; THENCE N86°26'50"E A DISTANCE OF 12.75 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 135.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°38'10" A DISTANCE OF 58.05 FEET TO THE POINT OF TANGENCY; THENCE N61°48'40"E A DISTANCE OF 190.53 FEET TO THE POINT OF XXX, 2010 File No.: CU 120104031 Resolution No. 10-103 Page 4 CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 165.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20°00'41" A DISTANCE OF 57.63 FEET TO THE POINT OF TANGENCY; THENCE N81 °49'21 "E A DISTANCE OF 264.09 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 190.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49°37'29" A DISTANCE OF 164.56 FEET TO THE POINT OF TANGENCY; THENCE S48°33'10"E A DISTANCE OF 301.57 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 100.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49°26'11" A DISTANCE OF 86.28 FEET TO THE POINT OF TANGENCY; THENCE N82°00'39"E A DISTANCE OF 841.87 FEET; THENCE S08°10'39"E A DISTANCE OF 655.22 FEET; THENCE S82°11'59"W A DISTANCE OF 368.31 FEET TO THE POINT OF BEGINNING. CONTAINING 32.371 ACRES MORE OR LESS. Parcel ID: Part of Parcels #3102-111-0001-0000 and #3101-211-0001-0004 C. The approvals and authorizations granted by this Resolution are for the purpose of obtaining a Building Permit or Zoning Compliance from St. Lucie County. D. The approvals and authorizations granted by this Resolution shall expire on 2011, unless a Building Permit or Certificate of Zoning Compliance for is obtained for the uses described in Part A above, or an extension has been granted in accordance with Section 11.07.05(F), St. Lucie County Land Development Code. E. The Certificate of Capacity, a copy of which is attached to this resolution, shall remain valid for the period of Conditional Use approval. Should the Conditional Use approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, a new certificate of capacity shall be required. F. The St. Lucie County Planning and Development Services Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make the notation of reference to the date of adoption of this resolution. XXX, 2010 Resolution No. 10-103 File No.: CU 120104031 Page 5 After motion and second, the vote on this resolution was as follows: Chairman Charles Grande XXX Vice-Chairman Doug Coward XXX Commissioner Chris Craft XXX Commissioner Paula Lewis XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED this day of 2010. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: DEPUTY CLERK XXX, 2010 File No.: CU 120104031 COUNTY ATTORNEY Page 6 Resolution No. 10-103 C O .= r- tn a ~ M ~ o .L v O w ~ x o /L/~ ~ ~ ~ ~ i' ~~i~ '', ~ o E ~ .. 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Nvld ONINIW i ~~z-y4~y~:w,oua J „,,,, LW>d3d 3Sf1lVNOLLI0N00 0 ~~ ~, OS4-C l3'372131d ~1~ """' N LL lanooa~aru+cel Q ~ lld M02R108 6r ~ n '~NI'NOLL0f1M1SN00'!: ~ ~.~~~ N'JIS30•JNIil33NION3 3 ~ OLOV02131V1S ~~~~~ ' !' ~ ~ ~ Y ~ ~~c sc ~.~ _ ~ ~ ~ ~ @ ~ ~ ~ rg ~ 1 Y4Y 44 w ~ ~ ~ ~ Ee6M ggSS a `a ee. ea ~~~~ d $ ~~~•~~$~~ b ~ ~ ~ N ~ eZ ~ 8~ <~o g ~~ I' \ gg ~ « e ii \`~ ~,, ~~ `i1 ,~~,, ~ ~, ~ 3 ~I ~~~ r ~ R ,_~ ~_ ~~ e 3 ~ ~'~ t i \ `~;\ 1 _ I s ~, ~~~ ~~ ~- -~ / ivy y! ~ :\' l Deanna Givens From: Chris Newman Sent: Tuesday, April 27, 2010 4:37 PM To: Deanna Givens Subject: RE: SR 70 Borrow Pit -Bankruptcy and Foreclosures Neither Thanks From: Deanna Givens Sent: Tuesday, April 27, 2010 4:05 PM To: Chris Newman Subject: SR 70 Borrow Pit -Bankruptcy and Foreclosures Can you please tell me if SR 70 Borrow Pit @ Adams Ranch has any bankruptcy and foreclosures, below are the Parcel ID #'s. 310121100010004 310211100010000 Thanks Deanna Givens Plaiuung Technician Planni~-g & Development Services Grvcnsd mstlncicco.or~ 772-462-6426 Please Note: Florida has very broad public records laves. 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 chat all County records shat! be oper. for personal inspection. examination and ; or copying. 1`our e-mail cornmunicatlons will be subject to public disclosure unless an exemption applies to the communication, If you recei~,•ed this email in error. please notify the sander by reply e-mail and aelete all materials from all computers. Please Note: Florida r~~as very broad public records laws. Most written communications to or from County officials regarding County business are public records av~ailabie to the public and media upor, request. It is the policy of Si. Lucie County that all County records shalt be open far personal inspection. examination and or copying. Your e-mail communications vdill 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-mat! and delete all materials from all computers. Print form i ST. LUCIE COUNTY GROVYTH MANAGEMENT 2301) Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 Fax.:772-462-1581 ti~~i'~~.stlucit.t+~ gut,/gro~ith DEVELOPMENT APPLICATION Prior #o submittal, all applications require apre-application conference. Please contact the Growth Management Department to schedule an appointment. Submittal Tvpe [check each that applies] Site Plan ^ Major Site Plan Minor Site Plan ~~; Major Adjustment to Major Site Plan ~~ Major Adjustment to Minor Site Plan Major Adjustment to PUD/PNRD/PMUD Minor Adjustment to Major Site Plan ^ Minor Adjustment to Minor Site Plan Minor Adjustment to PUDIPNRD/PMUD Planned Development ^ Planned Town or Village (PTV} ^ Planned Country Subdivision {PCS} ^ Planned Retail Workplace (PRW) ^ Prelim. Planned Unit Develop. {PUD} Prelim. Planned Mixed Use Develop. (PMUD) ^ Prelim. Planned Non-Res. Develop. {PNRD) -, Final Planned Unit Develop. {PUD} ^ Finai Planned Mixed Use Develop. (PMUD) ^ Final Planned Non-Res. Develop. (PNRD} Conditional Use' o Conditional Use ^ Major Adjustment to a Conditional Use ^ Minor Adjustment to a Conditional Use Variance z ^ Administrative Variance ^ Variance ^ Variance to Flood Damage Prevention ^ Variance to Coastal Setback Line Rezoning a ^ Rezoning (straight rezoning) ^ Rezoning (includes PUDIPNRD/PMUD) ^ Rezoning with Plan Amendment Comprehensive Plan Amendment" ~! Future Land Use Map Change Comprehensive Plan Text Amendment Other Administrative Relief ^ Class A Mobile Home s ^ Developer Agreement (submit per LDC 11.os.os> ^ Power Generation Plants ^ Extension to Development Order ^ Historical Designation/Changes ~:.~ Land Development Code Text Amendment' ^ Plat ^ Post Development Order Change ^ Re-Submittal # s C~ Stewardships - SendinglReceiving Telecom Tower (Submit per LDC 7.10.23} ~~ Transfer of Development Rights J Waiver to LDC1Comp. Plan Requirements s Aonlication Sunolement Packages 1. Conditional Use 4. Comp. Plan Amendments 7. LDC Text Amendment 2. Variance 5. Class A Mobile Home 8. Re- Submittal 3. Rezoning /Zoning Atlas Amend. 6. Historical Designation/Change 9. Waiver to LDCIComp. Plan Requirements Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non- refundable fee(s). Page 1 of 6 Revised Jufy 14, 20Q9 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS -GROWTH MANAGEMENT Application Type; Conditional Use Supplemental Application Package No.: ~ (Please provide separate fee calculation worksheet for each application type) BASE REVIEW FEE: CONCURRENCY FEE: p ERD REVIEW FEE: p PER ACREAGE CHARGE: CD RESUBMITTAL FEE: (if applicable) p OTHER SUBTOTAL OF BASIC FEES: CD PRE-APPLICATION MEETING FEE: (F) Receipt No. of Payment: 98107 Date of Pre App: 12-3-09 BALANCE OF FEES DUE: $ 2,000.00 (A) $ 50.00 (B) $ 100.00 {C) $ 310.00 {D) $ (E) $~ $ ~ : ~ ~( 250.00 )deduction $ 2,210.00 SEPARATE CHECK FOR TRAFFIC IMPACT STUDY -Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code $950.00 -Methodology Meeting {G) (If Applicable) -- -- - • Additional fees will be due if a 3~d party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3~d party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Growth Management. Refer to "Public Proceduresu. • Other fees may be applicable by other external reviewing agencies; ie. Fire District and proof of payment will be required prior to project approval. P~-Application Meeting Request ~. ~ Peter W. Harrison, Vice President ~ t~, ~ _ _ ~~~ ai`; ~~ ` , ; ~-~ ~;,~_ Applicant Name (Printed) Signature of applicant INTAKE REVIEWER -SIGNATURE VERIFIED BY -SIGNATURE File Number: DATE DATE Receipt Number: or office use only) Page 2 of 6 Revised July 14, 2009 Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must include the following: Application, completed in black ink, with property owner signature{s) and notary seal (1 original and 9 copies) ~ Aerial Photograph -property outlined (available from Property Appraiser's office Property Deed Lega! description, in MS Word format, of subject property Property Tax Map -property outlined (electronic copy not required} Survey 2 CDs of all documents submitted -with files named according to the Required Naming List. (attached) D Concurrency Deferral Affidavit; or Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: p Site Plan 24x36" at a scale of 1n=50' (10 copies- folded, not rolled) D Boundary Survey -Signed and Sealed (10 originals) Topographic Survey -Signed and Sealed (10 originals) Landscape Plan -Signed and Sealed (10 originals) Traffic Impact Report (TIR) (4 copies) if: 0 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) ~ Environmental Impact Report {4 copies) if: (See LDC Section 11.02.09(5)} o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified an the "Native Habitat Inventory for SLC"; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; o Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: Letter of justification -submitted at least 2 weeks prior to expiration. (LDC 11.02.06) Updated Traffic Analysis if applicable (4 copies) D Approved Resolution or GM Order *Please note: Oniy a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it will invalidate the results of any hearing(s). Page 3 of 6 Revised July 14. 2009 Proiect Information Project Name: SR-70 Borrow Pit at Adams Ranch Site address: Sections 1 & 2, Township 36S, Range 37E Parcel ID Number(s): 3102-111-0001-000-0 and 3101-211-0001-000-4 Legal Description: (Attach additional sheets if necessary -also must be provided in MS Word format on CD} See attached sheets. Property location - Section~Townshlp~ttange: ~ ~ ~ ~ sb5 r art Property size -acres: 827.71 Square footage: Future Land Use Designation: AG-5 Zoning District: AG-5 Description of project: Extraction of 470,000 cubic yards of sand for suitable fill for the construction of SR-70. (Attach additional sheets It necessary] Type of construction (check all applicable boxes}: C3 Commercial Total Square Footage: Existing Proposed: Industrial Total Square Footage: Existing Proposed: p Residential No. of residential units: Existing Proposed: No. of subdivided lots: Existing Proposed: Q O#her Please Specify: Borrow Pit Operation. Number and size of out parcels (if applicable): Page 4 of 6 Revised July 14, 2009 SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approva( to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information tPoopertY Developed: Name: Peter W. Harrison, Vice President Address: P.O. Box 12909 Fort Pierce, FL 34979-2909 Phone: 772-46 ~ -632 ~ Fax: Email: PeterH@adarnsranch.com Please indicate one individual to recei~ Name: Roderick J. Kennedy, P.E. Address: 1934 Tucker Court Fort Pierce, FL 34950-3954 Anent Information: Name: Roderick J. Kennedy, P.E. Address: 1934 Tucker Court Fort Pierce, FL 34950-3954 Phone: 772-462-2455 FBX: 772-462-2454 Email: rodkennedy@edc-inc.com official correspondence on this project. Phone: 772-462-2455 Alternate Phone: 772-201-0197 Email AddreSS: rodkennedy@edc-inc.com lease use an address that can accept overnight packages Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. ~ ~~ ~~ ~~ ~~~ ., t ~t•._ Peter W. Harrison, Vice President roperty wner ;gnature roperty wner ame rinte ) Mailing Address: P.O. Box 12909 Phone: 772-461-6321 1f more than one owner, please submit additional pages Fort Pierce, FL 34979-2909 STATE OF ~ ii~2t~ t._ ,COUNTY OF ! c~ ~ _ ~~~ ,fJ The foregoing instrument was acknowled ed before me this day of t ~' ~ ` -'I 20 C r by ~t'';f~~ ~~` i T~ 1`~t:~'rl who is personally known to me or who has produced ~~~-- as identification. , nature o otary ~Type~or rmt ame o otary ~.~~~~ - Commission Number (Seal) 2~,~,°~r ''.~~~';"I ~~t-.;"v1~~f Page5of6 ~ tir~~ct.w~urs{~~;-E,a~;sae?~ Revised Jul 14, 2009 + ' ~xNrrtr=;~:r.:~;us~Z,.3:1;+; ~~F~~" Y I•xcxl.3.NO7 Alit F; '`loll L~~50:'dntt,~ST;k, t,; R uin~d Document Namin List All electronically submitted documents must be formatted and named according to the list below. If your submittal includes a document not on the list, the document name shall clearly reflect the content of the submitted document. " Document Document Format Re wired Name on CD Aerial Photo rah PDF Aerial. df A lication PDF A lication. df A rovalOrder PDF A rovalOrder. df Architectural Elevations PDF ArchElev. df Bounda / To o ra hic Surve PDF Bounda To o. df Draina e / Stormwater Plan PDF Draina ePln. df Easements PDF Easements. df Environmental Im act Re ort PDF or Word EIR. df or EIR.doc Existin Condition Plan PDF Existin Cond. df Flood Plain PDF or Word Flood. df or Flood. Doc Landsca a Plan PDF Landsca e. df Le al Descri lion Word L al.doc Li htin Plan PDF Li htin df Miti ation Plan PDF Miti ation. df Mobile Home Plans PDF or Word MobileHome. df or MobileHome.doc Pavin Plan PDF Pavin df Permit External PDF Permit. df Plat PDF Plat. df or Plat.doc Pro ert Deed PDF Deed. df Site Plan PDF SitePlan. df Traffic Im act Re ort PDF or Word TIR. df or TIR.doc Tree Surve PDF Tree. df Turtle Protection PDF or Word Turtle. df or Turtle.doc Utiliit Plan PDF Utilii df Ve elation Removal A lication PDF Ve elation. df Page 6 of 6 Revised July 14, 2009 A Reconnaissance Cultural Resource Survey of the Adams Ranch Borrow Parcel, St. Lucie County, Florida By Robert S. Carr, M.S. Joseph F. Mankowski, M.A. Archaeological and Historical Conservancy 4800 SW 64~' Avenue Suite 107 Davie, FL 33314 (954) 792-9776 archlgcl@bellsouth.net for Adams Ranch Corporation AHC Technical Report # 915 January, 2010 2009.95 CONSULTANT SUMMARY In December 2009, the Archaeological & Historical Conservancy, Inc. (AHC) conducted a reconnaissance cultural resource survey for the Adams Ranch Corporation of the Adams Ranch Borrow parcel. The ± 20-acre parcel is located just north of Okeechobee Road (SR-70) and seventeen miles west of Ft. Pierce, St. Lucie County, Florida. The parcel was surveyed to locate and assess any sites of archaeological and/or historical significance. This assessment was conducted to fulfill historic and cultural resource requirements for St. Lucie County. The fieldwork and archival review conform to the specifications set forth in Chapter IA- 46, Florida Administrative Code. The project parcel is located within Sections 1 and 2 in Township 36S, Range 37E (Figure 1). Historically this parcel was characterized by pine flatwoods and wetland marshes. The parcel currently is being used as a sod farm. There are no standing structures on the parcel. This reconnaissance cultural resource assessment included an archival review, a pedestrian survey, and subsurface testing. No recorded sites occur within the parcel. A total of six 50-cm square shovel tests were excavated across the parcel. All shovel tests were negative for prehistoric archaeological material. Overall the parcel is characterized as having a low to moderate probability for containing prehistoric resources. It is the consultant's opinion that no archaeological or historic sites considered eligible for listing on the National Register of Historic Places occur on the subject parcel. METHODOLOGY Archival Review Prior to conducting fieldwork in the project parcel, relevant archives and literature were reviewed. This included, but was not limited to, studying the previous archaeological reports for sites in the project area, reviewing information from the Master Site File in Tallahassee concerning nearby sites, and examining USGS maps of the project area. A review of the Labins database of land surveys also was conducted. In addition, color and black and white aerial photographs from the project area, which could aid in revealing anthropogenic changes to the topography were interpreted. A site search was completed to determine whether any previously recorded sites occur within and adjacent to the project parcel. Research Design This reconnaissance cultural resource survey of the Adams Ranch Borrow parcel incorporated the use of certain predictive archaeological site models. These models postulate that elevated oak /cabbage palm hammocks and scrub areas adjacent to lowland/wetland areas are high probability areas for being associated with archaeological sites. It was determined that overall, the project parcel had a low to moderate probability for containing archaeological sites, because it encompasses what was historically a wetlands marsh. Fieldwork The subject parcel, specifically the proposed borrow area and any other areas that might be subject to ground disturbing activities, were assessed by pedestrian survey and subsurface testing. Six 50-cm square shovel tests were placed judgmentally across portions of the parcel (Fig. 2). All shovel test profiles were closely inspected. Sediments from the shovel tests were sifted using a '/4 inch screen. All archaeological material encountered was documented and collected. Investigations within the parcel determined there are no standing structures on the parcel. Collections No collections were made during this assessment. 2 RESULTS AND CONCLUSIONS A reconnaissance cultural resource survey of the Adams Ranch Borrow parcel was completed which resulted in no prehistoric sites or archaeological resources being found. A total of six shovel tests were dug judgmentally across the parcel. All shovel tests were negative. The project parcel was determined to be of low to medium probability for archaeological sites. No structures occur on the parcel. It is the consultant's opinion that no archaeological or historic sites considered eligible for listing on the National Register of Historic Places occur on the subject parcel. Although an effort was made to document sites on the subject parcel with negative results, there is a small potential of archaeological features or artifacts occurring. Should subsequent ground disturbing activities reveal this, the consultant archaeologist and relevant agencies should be notified and efforts should be made to document these resources. If human remains are uncovered then the provisions for Florida Statute 872.05, the Unmarked Human Graves Act, will apply. 3 N = Location of proposed lake TOWNSHIP 365, R,4NGE 37E, SECTIONS 1 and 2 0 1/S 1/4 1/2 Mile approx. USGS Maps: North of Bluefield 1970 and St. Johns Marsh South 1970 0 .2 .9 .8 IGn. approx. 4 ~ sw,o, ~w xnuw o mouo lld MOil2109 _~ drw~6 K„ ~"q, .- 'ts OL OtlOM 31tl1S ~nl,f ,,;"_., ~ ~~ ,..o owvw~ xro 0 0 n W Q N O m N II o U ° m = i;i Q a ~ N 0 \ 5 ~,I 1 \ ~ ^I ^~~ \ 1 \ N N I \ H N I \ Q U W \ t0 N h ~ ~ \ \ <_~ I ~ \ = N Z N ~ ~ nl ` ~ N ~Q I CC V 21 \\ ~~ ~ \\ N \ N > O ~ y w O\ ~\ acs «v o6\. ~Z< o=a \ o o d \. m~ oon ~'\ 0 \ \ W Nd w 2 =XW \S F w ~ \ ~c~pa \NZd a~ \ '~ N v n ti~no \\ aW d N \ ~ I o~ N < I ~ ~ o~ I \ N O I O \\ \` \\ ~~ `` n ~ ~ I I I 3.01.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE n. Outdoor shooting ranges, providing site plan approval is obtained according to the provisions of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of this Code. 8. Accessory Uses: Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Mobile homes subject to the requirements of Section 7.10.05. b. Retail trade and wholesale trade -subordinate to the primary authorized use or activity. c. Guest house subject to the requirements of Section 7.10.04. (999) C. AG-5 AGRICULTURAL - 5. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one (1) dwelling unit per five (5) gross acres. 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. Agricultural production -crops. (O1) b. Agricultural production -livestock and animal specialties. (02) c. Agricultural services. (07) d. Family day care homes. (999) e. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) 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) f. Fishing, hunting and trapping. (09) g. Forestry.l08) h. Kennels. (0752) i. Research Facilities, Noncommercial. (8733) j. Riding stables. (7999) k. Single-family detached dwellings. (999) 1. Telecommunication towers -subject to the standards of Section 7.10.23. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. St. Lucie County Land Development Code 3:g Adopted May 19, 2009 0 0 0 °o o°o N N N O ~ If1 01 Q1 Q1 L!1 O lD C 1~ n n C V1 ~--~ rn m rn m m m a a c v a a a a m IV m m m m m m m d M J J J J J J J H LL LL LL LL LL LL LL t u f0 G1 CG v v v a~ a~ a~ E u u u u u u v v a~ a~ a~ N a a a a i a a ,., (.) LL LL LL LL LL O ~ ~ ~ C OJ N O1 N ~ ~ O O ~, ~ O 01 Q1 ~ Y ~ O ~--I ~--I '-1 O ~ N 'i ~ ~ O ~p m m O ~ [L ~~ 0 0 0 n rn 0 Q N d G d N a-i d W 10 C LL ~ ~ W U ~ 'i 3 ~' o a a~ a~ w E .o c J ~ E N ~ ry N d C ~ (D 3 Q~ ~ o ~ O Q m d E m c LL ei ~ C C ~ 3 ~ 0 O N N Q) J Y N 0 ~C C U C U 7, ~ ~ C ~ ~ ~ ~ ~ C G1 U ~ J 7 i 1 ~ Y f0 J ~ ~ ~ ~ O ~ ~ U Y U LL ~ h ~ N ~ ~ ~ , 61 L C cC f0 u u y y ~ ~ ~ ~ O Q Q Q d ~' 2' N N m N lD Q1 0 0 0 O O O O O O O ~ .~ ri ~ O O O O O O O O O O O ri ~ c-I ++ N M ~ - ~ a ~ ~ m m y a o m _u o «~ v o fl- co ~ ~ ~ a ~ on ~ a m m N Q m Q m PUBLIC HEARING NOTICE SR 70 Borrow Pit @ Adams Ranch C U 120104031 John Doe 2300 Virginia Avenue Fort Pierce, FL 34982 Public Hearing Date: May 20, 2010 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue Ft Pierce, Florida 34982 Time: 6:00 PM AppllCant Peter W. Harrison, VP Adams Ranch, Inc. P.O. Box 12909 Fort Pierce, FL 34979-2909 Property Location On the north side of State Road 70 approx. 3 miles west of Sum- merlin Road. Zoning AG-5 (Agricultural-1 du/5 acre) Future Land Use AG-5 (Agricultural-1 du/5 acre) CU-'120104031 z°"'"4 Peter W. Harrison - SR 70 Borrow Pit at Adams Ranch ~ i •~ --- I -------- ---- i,, ~ -- III ._-- 1 ._.....- t- ~ "~--, AG~S ~ ~ ' I - ~ ; ter-; i ~~ '`'' ~ ~ ~ ~~ ~ ~ `~ ~y~0 ~ ~ - ~ , o ~~ Z ~~ ~, ~.~ AG~S I !~ I ~c ~ AG-5 I ~~--yy Sub ect ro ert ILA 1 P P Y St. Lucie County Zoning s~ .~ N ,,,r,~~;Q~"~~-; 500 ft. notification area AG-5 -Agricultural (1 du'S ac) bkp kepere0.l=nuary 25. 2010 Public Hearing Description Petition of Peter W. Harrison fora Condi- tional Use Permit for the SR 70 Borrow Pit at Adams Ranch to allow a sand mining operation in the AG-5 (Agricultural-1 du/ 5 acre) Zoning District. The conditional use contains 32.37 acres. Background The application indicates that the fill materi- als will be moved offsite to a section of the SR70 roadway construction project in close proximity to the borrow pit site. In conjunc- tion with the application for a conditional use permit, the applicant has also applied for a mining permit through the St. Lucie County Engineering Division. Staff Recommendation Forward this petition to the Board of County Commissioners with a recommendation for Board adoption of Resolution No.10-103 granting approval, as outlined in the staff memorandum. The St. Lucie County Planning and Zoning Commission has the power to review and recommend to the St. Lucie County Board of County Commissioners, for approval or disapproval, any applications within their area of responsibility. All interested persons will be given an op- portunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Planning and Zoning Commission should be received by the Planning & De- velopment Services -Planning Division at least 3 days prior to the scheduled hear- ing. Further details are available in the Planning Division-please contact: Staff Diana Waite, AICP Tel. 772-462-1577 Email waited@stiucieca,org Mail 2300 Virginia Avenue Fort Pierce, Florida 34982 LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTIONS 1 AND 2. TOWNSHIP 36 SOUTH, RANGE 37 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 2, RUN N00°31'36"E ALONG THE EAST LINE OF SAID SECTION 2, A DISTANCE OF 1667.87 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. RUN THENCE S82°11'59"W A DISTANCE OF 1132.18 FEET; THENCE N48°33'10"W A DISTANCE OF 298.30 FEET; THENCE N03°33'10"W A DISTANCE OF 258.16 FEET; THENCE S85°25'45"W A DISTANCE OF 349.37 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 133.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°56'01" A DISTANCE OF 57.88 FEET TO THE POINT OF TANGENCY; THENCE S60°29'44"W A DISTANCE OF 391.00 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 167.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°56'01 " A DISTANCE OF 72.67 FEET TO THE POINT OF TANGENCY; THENCE S85°25'45"W A DISTANCE OF 165.43 FEET; THENCE S04°34'15"E A DISTANCE OF 1466.21 FEET; THENCE TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SR-70; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE S69°02'37"W A DISTANCE OF 2.97 FEET; THENCE S20°57'23"E A DISTANCE OF 5.00 FEET; THENCE S69°02'37"W A DISTANCE OF 50.62 FEET; THENCE LEAVING SAID NORTHERLY RIGHT-OF- WAY LINE OF SR-70 RUN N04°34'15"W A DISTANCE OF 1520.13 FEET; THENCE N85°25'45"E A DISTANCE OF 215.43 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 133.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°56'01" A DISTANCE OF 57.88 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE N60°29'44"E A DISTANCE OF 391.00 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 167.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL OF 24°56'01" A DISTANCE OF 72.67 FEET TO THE POINT OF TANGENCY; THENCE N85°25'45"E A DISTANCE OF 349.97 FEET; N03°33'10"W A DISTANCE OF 186.76 FEET; THENCE N47°22'16"W A DISTANCE OF 192.34 FEET; THENCE S90°00'00"W A DISTANCE OF 54.08 FEET; THENCE N03°33'10"W A DISTANCE OF 36.89 FEET; THENCE N86°26'50"E A DISTANCE OF 12.75 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 135.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°38'10" A DISTANCE OF 58.05 FEET TO THE POINT OF TANGENCY; THENCE N61°48'40"E A DISTANCE OF 190.53 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 165.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20°00'41 " A DISTANCE OF 57.63 FEET TO THE POINT OF TANGENCY; THENCE N81°49'21"E A DISTANCE OF 264.09 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 190.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49°37'29" A DISTANCE OF 164.56 FEET TO THE POINT OF TANGENCY; THENCE S48°33'10"E A DISTANCE OF 301.57 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 100.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49°26'11" A DISTANCE OF 86.28 FEET TO THE POINT OF TANGENCY; THENCE N82°00'39"E A DISTANCE OF 841.87 FEET; THENCE S08°10'39"E A DISTANCE OF 655.22 FEET; THENCE S82°11'59"W A DISTANCE OF 368.31 FEET TO THE POINT OF BEGINNING. CONTAINING 32.371 ACRES MORE OR LESS. ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four-fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes The Following To allow a sand mining operation in the AG - 5 (Agricultural - i du/5 Conditional Use: acre) Zoning District. Regarding Property On the north side of State Road 70 approx. 3 miles west of Summerlin Located At: Road Currently Zoned: AG - 5 (Agricultural - 1 du/ 5 acres) Please Return To: St. Lucie County, Planning & Development Services, Planning Division Planning Division - ATTN: Deanna Givens 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: May 17, 2010 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE 1 HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): Address: Date: Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Project Name/ID: CU 120104031 - SR 70 Borrow Pit @ Adams Ranch Form No. 07-26 ~ai'~G~ ~F ME€t~G i rtC~--m~~n r~ortc~ ~~ _ ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA May 20, 2010 NOTICE OF PROPOSED CONDITIONAL USE PERMIT The St. Lucie County Planning and Zoning Commission is sched uledto review and make recommendations regardingthefollowine item petitioned bythe applicantfor adoption bythe Board of Courr ty Commissioners of St. Lucie County, Florida, by resolution. RESOLUTION N0. 10-103 A RESOLUTION OF THE BOARD OF COUNTY COMMISSION- ERS OF ST. LUCIE COUNTY GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A SAND MINING OPERATION IN THE AG-5 (AGRICULTURAL - 1 DU/5 ACRES) ZONING DISTRICT FOR THE PROPERTY LOCATED IN ST LUCIE COUNTY, FLORIDA. APPLICANT: Peter W. Harrison FILE NUMBER: CU 120104031 LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SEC TIONS 1 AND 2. ,TOWNSHIP 36 SOUTH, RANGE 37 EAST, ST LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY ,DE SCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SEC- TION 2, RUN N00°31'36"E ALONG THE EAST LINE OF SAID SECTION 2, A DISTANCE OF 1667.87 FEET TO, THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL RUN THENCE S82°11'59"W A DISTANCE OF 1132.18 FEET; THENCE N48°33'10"W A DISTANCE OF 2,98,30 FEET; THENCE N03°33'10"W A DISTANCE OF 258.16 FEET; THENCE S85°25'45"W A DISTANCE OF 349.37 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 133.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°56'01" A DISTANCE OF 57.88 FEET TO THE POINT OF TANGENCY; THENCE 860°29'44"W A DISTANCE OF 391.00 FEET TO THE.POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH- WEST HAVING A RADIUS OF 167.00 FEET; THENCE SOUTH- .. WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A ' CENTRAL ANGLE OF 24°56'01" A DISTANCE OF 72.67 FEET TO THE POINT OF TANGENCY; THENCE 885°25'45"W A DISTANCE OF 165.43 FEET;. THENCE 804°34'15"E A DIS- TANCE OF 1466.21 FEET; THENCE TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SR-70; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE S69° 02'37"W A DISTANCE OF 2.97 FEET; THENCE 820°57'23"E A DISTANCE OF 5.00 FEET; THENCE S69°02'37"W A DIS- TANCE OF 50.62 FEET; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE OF SR-70 RUN N04°34'15"W' A DIS- TANCE OF 1520.13 FEET; THENCE N85°25'45"E A DIS- TANCE OF 215.43 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAYING A RADI- US OF 133.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24° 56'01" A DISTANCE OF 57.88 FEET TO THE POINT OF TAN- ~ GENCY OF SAID CURVE; THENCE N60°29'44"E A DISTANCE OF 391.00 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 167.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL OF 24°56'01" A DISTANCE OF 72.67 FEET TO THE POINT OF TANGENCY; THENCE N85°25'45"E A DISTANCE OF 349.97 FEET; N03° 33'10"N/ A DISTANCE OF 186.76 FEET; THENCE N47° 22'16"W A DISTANCE OF 192.34 FEET; THENCE S90° 00'00"W A DISTANCE OF 54.08 FEET; THENCE N03°33'10"W A DISTANCE OF 36.89 FEET; THENCE N86°26'50"E A DIS- TANCE OF 12.75 FEAT TO THE POINT OF CURVATURE OF A I CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 135.00 FEET; THENCE NORTHEASTERLY ALONG THE. ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°' 38'10" A DISTANCE OF 58.05 FEET TO THE POINT OF TAN- GENCY; THENCE N61°48'40"E A DISTANCE OF 190.53 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 165.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20° 00'41" A DIS- TANCE OF 57.63 FEET TO THE POINT OF TANGENCY; THENCE N81°49'21"E A DISTANCE OF 264.09 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 190.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49°37'29" A DISTANCE OF 164.56 FEET TO THE POINT 'OF TANGENCY; THENCE S48°33'10"E A DISTANCE OF 301.57 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH- EAST HAVING A RADIUS OF 100.00 FEET; THENCE SOUTH- EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49° 26'11" A DISTANCE OF 86.28 FEET TO THE POINT OF TANGENCY; THENCE N82°00'39"E A DIS- TANCE OF 841.87 FEET; THENCE S08°10'39"E A DISTANCE OF 655.22 FEET; THENCE 882° 11'59"W A DISTANCE OR 368.31 FEET TO THE POINT OF BEGINNING. CONTAINING 32.371 ACRES MORE OR LESS SL THURSDAY, MAY 6, 2010 SCRIPPS TREASUflE COAST NEWSPAPERS 67 I '? PURPOSE: A Conditional Use Permit to allow for the removal of sand to be utilized as fill material for the State Road 70 construc- tion project. The Planning and Zoning Commission PUBLIC,HEARING on this item will be held in the Commission Chambers, Roger Poitras An- nex, 3rd Floor, St. Lucie County Administration Building, 2300 Vir- ginia Avenue, Fort Pierce, Florida on Thursday, May 20, 2010 be- ginning at 6:00 P, M. or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to tfie Planning and Zon- ing Commission should be received by the Planning and Develop- ment Services -Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Planning and Development Services offices located at 2300 Vir- ginia Avencie, 2nd Floor, Fort Pierce, Florida, during regular busi-. Hess hours. Please call 772!462-2822 or TDD 772/462-1428 if you have any questions or require additional information. The St Lucie County Planning and Zoning Commission has the! power to review and recommend to the St: Lucie County Board of, County Commissioners, for approval or disapproval, any applica-. lions within their area of responsibility: The proceedings of the Planning and Zoning Commission are electronically recorded. PURSUANT TO Section 286.0.105, Flori- da Statutes, if a person decides td appeal any< decision made by -the Planning and Zoning Commission with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to en- sure that a verbatim record of the proceedings is made which re- cord includes the testimony and evidence upon which ~he appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine. any individual testifying during a hearing upon request. If it be- comes necessary, a public hearing nay be continued to a date- certain. Anyone with a disability requiring accommodation fo attend this meeting should contact the St. Lucie County Community Risk Manger at least forty-eight (46) hours prior to the meeting at (772) 462-1546 or T, D.D. 772/462-1428. Any questions about this agen- da may be referred to St. Lucie County Planning Division at (772) 462-2822, PLANNING AND ZONING COMMISSION/ LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA /S/ CRAIG MUNDT, CHAIRMAN Publish: May 6, 2010 2140713 LOCATION: The proposed mining area is located approximately 600 feet north of State Road 70 and 3 mites west of S,ummerlin Road. ~M1'Ir. & Mrs. Martin. (Buddy) Adams 27~OQ Okeechobee Rd., Fort Pierce-, FL. 34945 April ~~, ~U I U St. Lucie C'aunty :Planning &. Caning Department St, Lucie Lount~r Irngineerng Department ~~UO Virginia ~~~°e. Fort Picrc~, i"I,. ~~9132 Ite: Adams ~anc1~, State Road 7d, Barrow Pit PermiltHg Dear Sirs frr Madame., .As ~~~~u are: a~~are, I am the c7wner of a 4Q acre parcel cif land that is Ic~c:ated just north taf the proposed Adams Ranch horro~i° pit. Please accept. this letter as evidence of my support and ap rp ~vul of the Adrzm.s IZrzr2clz horrn~~ pit prc~ect, which l understand is naw being permitted by fit. Lucie County. This project wiil ha~e many beneficial results for the bath the agricultural and natural res©urct features of'the area that surrounds my land and home. T also wish to stave that i' have no al~iection to the noise= or any c~thr-r i~~iues, th~~t rna c~xusc~d h~.~ diesel pump that .are used. fur fhis project. Also, I cam ,~•r~trsf~ed with a 1.2"berm that will be installed as a part: ofthe civil. engineering of this project anything taller is unnecessary for our needs. Please call. zne if I can answer any other questions ar be of assistance regarding this eery worthy project. Yours. Truly, lVtartin I•. (Buddy] Aclanls Owner Parcel. # 3 l 0~-l. > l -~{~U 1-~f}~-2 ~ . .~ _ • • AGENDA REQUEST ITEM NO. VII- nn DATE: 7/20/10 REGULAR ( ) PUBLIC HEARING (X ) LEG. ( ) QUASI-JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Public Works/Engineering Division SUBJECT: Adams Ranch State Road 70 Borrow Pit BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PRESENTED BY: Michael Powley, P.E. County Engineer ~vE~ PREVIOUS ACTION: June 22, 2010 -Board approved permission to schedule a public hearing. RECOMMENDATION: Board approval of the mining permit application for Adams Ranch State Road 70 Borrow Pit subject to the approved plans and the General and Special Conditions. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Comm. Coward Absent CONCURRENCE: ~~ ~ ~~ Faye W. Outlaw, MPA County Administrator Coordinatioin/Signatures lJ Environmental (x) ~ yy` ' County Attorney (x) ~• Daniel McIntyre Resources Director Karen Smith Originating Dept. (x) ~• County Engineer (x) ~ ~1 '~'~ Don~Id W~ est Michael Powley Planning & Dev. ~_~T/~~~" Services Dir. (x) ~`" Mark Satterlee Adams Ranch mine PH.ag Engineering Division ...'T~ e • ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director h~ - FROM: Michael Powley, County Engineer /"VIA DATE: July 20, 2010 SUBJECT: Adams Ranch State Road 70 Borrow Pit ITEM NO. VII- M Background: The proposed Adams Ranch State Road 70 Borrow Pit is located approximately six miles east of Bluefield Road on the north side of Okeechobee Road. The mine is situated in a 32.4 acre parcel inside a much larger parent tract. Correspondence to all of the property owners within a one mile radius of the mine has been sent advising of the proposed construction (Attachment A) and the Notice has been advertised in the Fort Pierce Tribune (Attachment B). This application is for a Class I mining permit valid for a period of six years. Mines of this type are not rock mines and do not process the excavated materials significantly. Rather, only sand will be mined, and it will only be used on the widening of the adjacent State Road 70 widening project. No truck traffic beyond the construction limits is approved. This sand mine will be constructed in the dry. Two bonds will be required as security. The first is the Pre-mining bond which is intended to revegetate the land if removal occurs but mining does not. It is set in the amount of $124,582. A Performance bond will also be held by St. Lucie County. It is intended to rehabitate the land upon completion of activities. It includes removal of all accessory equipment as well as revegetation of the lake and land. It is set at $102,461. All of the General and Special Conditions are presented on the attached draft mining permit and engineering plans (Attachment C). These conditions are very similar to previous permit applications. Also attached is the Environmental Resources Department Companion Report (Attachment D). Recommendation: Board approval of the mining permit application for Adams Ranch State Road 70 Borrow Pit subject to the approved plans and the General and Special Conditions. aOARD OF COUNTY COMMISSIONERS sT. CO ~u UN c~E TY F L O R I D A June 29, 2010 PU[3LIC WORKS DEPARTMENT In compliance with the provisions of the St. Lucie County Land Development Code, you are hereby advised that Adams Ranch State Road 70 Borrow Pit (Adams Ranch, Inc.) at 26003 Orange Avenue, Fort Pierce, FL 34945, has petitioned the Board of County Commissioners to review and approve a mining permit application. A location map is attached to this correspondence. It is for the following described property. MINING AREA Adams Ranch State Road 70 Borrow Pit: A PARCEL OF LAND LYING IN SECTIONS 1 AND 2, TOWNSHIP 36 SOUTH, RANGE 37 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 2, RUN N00°31'36"E ALONG THE EAST LINE OF SAID SECTION 2, A DISTANCE OF 1667.87 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. RUN THENCE S82°11'S9"W A DISTANCE OF 1132.18 FEET; THENCE N48°33'10"W A DISTANCE OF 298.30 FEET; THENCE N03°33'10"W A DISTANCE OF 258.16 FEET; THENCE S85°25'45"W A DISTANCE OF 349.37 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 133.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°56'01" A DISTANCE OF 57.88 FEET TO THE POINT OF TANGENCY; THENCE S60°29'44"W A DISTANCE OF 391.00 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 167.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°56'01" A DISTANCE OF 72.67 FEET TO THE POINT OF TANGENCY; THENCE S85°25'45"W A DISTANCE OF 165.43 FEET; THENCE S04°34'15"E A DISTANCE OF 1466.21 FEET; THENCE TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SR-70; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE S69°02'37"W A DISTANCE OF 2.97 FEET; THENCE S20°57'23"E A DISTANCE OF 5.00 FEET; THENCE S69°02'37"W A DISTANCE OF 50.62 FEET; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE OF SR-70 RUN N04°34'15"VV A DISTANCE OF 1520.13 FEET; THENCE N85°25'45"E A DISTANCE OF 215.43 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 133.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°56'01" A DISTANCE OF 57.88 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE N60°29'44"E A DISTANCE OF 391.00 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 167.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL OF 24°56'01' A DISTANCE OF 72.67 FEET TO THE POINT OF TANGENCY; THENCE N85°25'45"E A DISTANCE OF 349.97 FEET; N03°33'10"W A DISTANCE OF 186.76 FEET; THENCE N47°22'16"W A DISTANCE OF 192.34 FEET; THENCE S90°00'00"W A DISTANCE OF 54.08 FEET; THENCE N03°33'10"W A DISTANCE OF 36.89 FEET; THENCE N86°26'50"E A DISTANCE OF 12.75 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 135.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°38'10" A DISTANCE OF 58.05 FEET TO THE POINT OF TANGENCY; THENCE N61 °48'40"E A DISTANCE OF 190.53 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 165.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20°00'41" A DISTANCE OF 57.63 FEET TO THE POINT OF TANGENCY; THENCE N81°49'21'E A DISTANCE OF 264.09 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 190.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49°37'29" A DISTANCE OF 164.56 FEET TO THE POINT OF TANGENCY; THENCE S48°33'10"E A DISTANCE OF 301.57 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 100.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49°26'11" A DISTANCE OF 86.28 FEET TO THE POINT OF TANGENCY: THENCE N82°00'39"E A DISTANCE OF 841.87 FEET; CHRIS DZADOVSKY, Disrricr No. 1 • DOUG COWARD, Disrricr No. 2 PAULA A. LEWIS, Disrricr No. 3 • CHARLES GRANDE, Disrricr No. 4 CHRIS CRAFT, Disrricr No. 5 2300 Virginia Avenue Ft. Pierce, FL 34982 Public Worlss: (772) 462-1485 FAX (772) 462-2362 Division of Engineering: (772) 462-1707 FAX 462-2362 • Division of Rood & [3ridge: (772) 462-2511 FAX 462-2363 www.sTlucieco.org Attachment A lof3 THENCE S08°10'39"E A DISTANCE OF 655.22 FEET; THENCE S82°11'59"W A DISTANCE OF 368.31 FEET TO THE POINT OF BEGINNING. CONTAINING 32.371 ACRES MORE OR LESS. A public hearing on the petition will be held at 6:00 P.M. (or as soon thereafter as possible) on Tuesday, July 20, 2010, in the St. Lucie County Administration Building, 3rd Floor Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at said hearing. Written comments received in advance of the public hearing will also be considered. If you have any questions, please contact Michael Powley, P.E., County Engineer, at 772-462-1707. Sincerely, ST. LUCIE COUNTY J 'V ' Michael Powley, P.E. County Engineer Attachment A 2 of 3 ~: ' ~ ~ 3 a--+ U J C~_ G W 0 ^~ I..L 0 O N G ~~~ 3S P~££ ~ ~ ~l.` a ;1 P21 uew~eH a 1 'o E' ~., W F--- Ply sul~ua~ 'o ~ ~; a Ac 3 ~o ~' P21 uu!4S 'Torino CJG ~,,e ~, 4 -.;t. r ---~-~I `, PM9 a~awljse~--_-~ ~~aNa s~ AA's P21 aul~ P21 leue~ ~apeaH `:~ ~~ --- -- ~~ ~;~~_P21 6u!PIoH IeaPl i ~~ - --- ~ Pa Peaug ~~~`~ --=_"~~_ •~ Ji ~': ;; cl An ~y 1 ` `;: ~, ,o';~, m~ `, -_~y:'. uC~ mm `;', O':. ~, Qo N ~ Q ~ a I.L pb uo;I~e~ s m c A s~a~~ ~ ` e~ ~, ~ ~ ~:: ~~ g~ifit.c~'g ~ ~ j~' i% ~asl~~~~8 `vB~~L 9g ~3 ~ ~~~~ e~°t tf ~~j ~~ ffi a \~\l { gE ~rr ^.~ta ffi~~7 E,EE ~~ ~, ' o~~~ ~e8 ~~~po~~ ~,, Attachment~A ~ f ~pse3 ~~°' 3 of 3 ~s ~~ NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of St. Lucie County will at 6:00 P.M. (or as soon thereafter as possible), on Tuesday, July 20, 2010, in the St. Lucie County Administration Building, 3rd Floor Annex, 2300 Virginia Avenue, Fort Pierce, Florida, hold a public hearing on the petition of Adams Ranch State Road 70 Borrow Pit, at 26003 Orange Avenue, Ft. Pierce, Florida, 34945 to grant a mining permit on the following described land in St. Lucie County, Florida, to wit: MINING AREA Adams Ranch State Road 70 Borrow Pit: A PARCEL OF LAND LYING IN SECTIONS 1 AND 2, TOWNSHIP 36 SOUTH, RANGE 37 EA5T, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 2, RUN N00°31'36"E ALONG THE EAST LINE OF SAID SECTION 2, A DISTANCE OF 1667.87 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. RUN THENCE S82°11'59"W A DISTANCE OF 1132.18 FEET; THENCE N48°33'10"W A DISTANCE OF 298.30 FEET; THENCE N03°33'10"W A DISTANCE OF 258.16 FEET; THENCE S85°25'45"W A DISTANCE OF 349.37 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 133.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°56'01" A DISTANCE OF 57.88 FEET TO THE POINT OF TANGENCY; THENCE S60°29'44"W A DISTANCE OF 391.00 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 167.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°56'01" A DISTANCE OF 72.67 FEET TO THE POINT OF TANGENCY; THENCE S85°25'45"W A DISTANCE OF 165.43 FEET; THENCE S04°34'15"E A DISTANCE OF 1466.21 FEET; THENCE TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SR-70; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE S69°02'37"W A DISTANCE OF 2.97 FEET; THENCE S20°57'23"E A DISTANCE OF 5.00 FEET; THENCE S69°02'37"W A DISTANCE OF 50.62 FEET; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE OF SR-70 RUN N04°34'15"W A DISTANCE OF 1520.13 FEET; THENCE N85°25'45"E A DISTANCE OF 215.43 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 133.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°56'01" A DISTANCE OF 57.88 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE N60°29'44"E A DISTANCE OF 391.00 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 167.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL OF 24°56'01" A DISTANCE OF 72.67 FEET TO THE POINT OF TANGENCY; THENCE N85°25'45"E A DISTANCE OF 349.97 FEET; N03°33'10"W A DISTANCE OF 186.76 FEET; THENCE N47°22'16"W A DISTANCE OF 192.34 FEET; THENCE S90°00'00"W A DISTANCE OF 54.08 FEET; THENCE N03°33'10"W A DISTANCE OF 36.89 FEET; THENCE N86°26'50"E A DISTANCE OF 12.75 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 135.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°38'10" A DISTANCE OF 58.05 FEET TO THE POINT OF TANGENCY; THENCE N61°48'40"E A DISTANCE OF 190.53 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 165.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20°00'41" A DISTANCE OF 57.63 FEET TO THE POINT OF TANGENCY; THENCE N81°49'21"E A DISTANCE OF 264.09 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 190.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49°37'29" A DISTANCE OF 164.56 FEET TO THE POINT OF TANGENCY; THENCE S48°33'10"E A DISTANCE OF 301.57 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 100.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49°26'11" A DISTANCE OF 86.28 FEET TO THE POINT OF TANGENCY: THENCE N82°00'39"E A DISTANCE OF 841.87 FEET; THENCE S08°10'39"E A DISTANCE OF 655.22 FEET; THENCE S82°11'59"W A DISTANCE OF 368.31 FEET TO THE POINT OF BEGINNING. CONTAINING 32.371 ACRES MORE OR LESS. Attachment B 1 oft The required mining plan is on file in the County Engineering Division, Room 229, 2nd Floor Annex, St. Lucie County Administration Building, and 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at said hearing. Written comments received in advance of the public hearing will also be considered. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY Charles Grande, Chairman PUBLISH: July 4, 2010 PROOF AND BILL: Board of County Commissioners, St. Lucie County Attachment B 2 of 2 MINING PERMIT Pursuant and subject to the provisions of Sections 6.06.00 and 11.05.11 of the St. Lucie County Land Development Code, a Class I Mining Permit is hereby issued to the Adams Ranch State Road 70 Borrow Pit, to mine sand from the following described land in St. Lucie County, Florida. LEGAL DESCRIPTION LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTIONS 1 AND 2, TOWNSHIP 36 SOi1~'H, RANGE 37 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED'AS;FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 2, RUN NOQ°3l'36"E ALONG THE EAST LINE OF SAID SECTION 2, A DISTANCE OF 1667.87 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. RUN THENCE S82°11'59"W A DISTANCE OF 1132.18 FEET; T~IEIJCE N48°33'10"W A DISTANCE OF 298.30 FEET; THENCE N03°33'10"W ADISTANCE OF 258~~6 FEET; THENCE S85°25'45"W A DISTANCE OF 349.37 FEET TO THE PO1~1T OF CURVATURE'(SF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 133.Ot3'FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL AI~IGLE`QF~24°56'01"ADISTANCE OF 57.88 FEET TO THE POINT OF TANGENCY; THENCE S60°29'44"W A DIS"I'Ah1CE OF 391:00 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTI~WEST>HAVING A RADIUS OF 167.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC !OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°56'01"ADISTANCE OF 72.b7 FEET TO THE POINT OF `TANGENCY; THENCE S85°25'45"W A DISTANCE OF 165.43, i?E~T; THENCE S04°34' 15"E ~.A DISTANCE OF 1466.21 FEET; THENCE TO A POINT ON THE NORTHE~IY RIGHT-OF-WAY LINE{~E SR-70; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE S69°(32.'.37 W :.DISTANCE OF.2.97 FEET; THENCE S20°5723"E A DISTANCE OF 5.00 FEET,.:TI~NCE S69aQ~'37"W A ~.I'.~~TA~3CE OF 50.62 FEET; THENCE LEAVING SAID NORTHER~~I~`~t=rT-~'-t~F:-?JAY ~L_ OF SR-70 ~itUN N04°34'15"W A DISTANCE OF 1520.13 FEET; THENCE`~85°25'45"E a~DLSTANCE~~~E 215.43 FEET TO THE POINT OF CURVATURE OF A CURVE CONCH TO THE NORT~EST HA'Y!fNf~%A RADIUS OF 133.00 FEET; THENCE NORTHEASTERLY ALONG~THE.ARC OF SAID CURVE TI-IItOUGH A CENTRAL ANGLE OF 24°56'01"ADISTANCE OF 57.88 FEET'£~;THE POINT OF'TANGENCY OF SAID CURVE; THENCE N60°29'44"E A DISTANCE OF 391.00 FEET `Ff3. THE POINT'?OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS. OF 167.fl0 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH ~4 CENTRAL OF 24°56'01"ADISTANCE OF 72.67 FEET TO THE POINT OF TANGENCY; THENCE N$5°25'45"E A DISTANCE OF 349.97 FEET; N03°33'10"W A DISTANCE OF 186.76 FEET; THENCE N~t7°22'16"W A DISTANCE OF 192.34 FEET; THENCE S90°00'00"W A DISTANCE OF 54.08 FEET; THENCE N03°33'10"W A DISTANCE OF 36.89 FEET; THENCE N86°26'50"E A DISTANCE OF 12.75 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 135.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°38'10"ADISTANCE OF 58.05 FEET TO THE POINT OF TANGENCY; THENCE N61°48'40"E A DISTANCE OF 190.53 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 165.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20°00'41"ADISTANCE OF 57.63 FEET TO THE POINT OF TANGENCY; THENCE N81°49'21"E A DISTANCE OF 264.09 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 190.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF Attachment C lof6 49°37'29" A DISTANCE OF 164.56 FEET TO THE POINT OF TANGENCY; THENCE S48°33'10"E A DISTANCE OF 301.57 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 100.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49°26'11" A DISTANCE OF 86.28 FEET TO THE POINT OF TANGENCY: THENCE N82°00'39"E A DISTANCE OF 841.87 FEET; THENCE SO8°10'39"E A DISTANCE OF 655.22 FEET; THENCE S82°11'59"W A DISTANCE OF 368.31 FEET TO THE POINT OF BEGINNING. CONTAINING 32.371 ACRES MORE OR LESS. According to the mining plan on file in the County Engineer's office and approved by the Boazd of County Commissioners on July 20, 2010, this permit is subject to Conditional Use Permit Resolution No. 10-103, pazagraphs 1 through 11 of the General Conditions and pazagraphs 1 through 25 of the Special Conditions. GENERAL CONDITIONS: 1. The terms, conditions, requirements, limitations, and restrictions set forth herein are "Permit Conditions" and as such aze binding upon the permittee and enforceable. The pennittee is hereby placed on notice that the County will review this permit periodically and may initiate enforcement action for any violation of the "Permit Conditions" by the permittee, its agents, employees, servants, or representatives. 2. This Class I permit is valid only for six years and only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this permit may constitute grounds for revocation and enforcement action by the County. 3. The issuance of this permit does not convey any vested rights or any exclusive privileges. Nor does it authorize any injury to public or private property or any invasion of personal rights, nor any infringement of federal, state, or local laws, or regulations. This permit does not constitute a waiver of or approval of any other County permit that may be required for other aspects of the total project which aze not addressed in the permit. 4. This permit conveys no title to land or water, does not constitute County recognition or acknowledgement of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the state. 5. This permit does not relieve the permittee from liability for harm or injury to human health or welfaze, animal, plant, or aquatic life, or property and penalties therefore caused by the construction or operation of this permitted source, nor does it allow the permittee to cause pollution in contravention of Florida Statutes and County rules, unless specifically authorized by an order from the County. 6. The pennittee shall at all times properly operate and maintain the facility (and related appurtenances) that are installed or used by the permittee to achieve compliance with Attachment C 2of6 the condition of this permit. This provision includes the operation of backup or auxiliary facilities or similaz systems necessary to achieve compliance with the conditions of the permit. 7. The permittee, by accepting this permit, specifically agrees to allow authorized County personnel, upon presentation of credentials or other documents as may be required by law, access to the premises, at reasonable times, where the permitted activity is located or conducted for the purpose of: a. Having access to and copying any records that must be kept under the conditions of the permit; b. Inspecting the facility, equipment practices, or operations regulated or required under this permit; and c. Sampling or monitoring any substances or pazameters at any location reasonably necessary to assure compliance with this permit. Reasonable time may depend on the nature of the concern being investigated. 8. If, for any reason, the permittee does not comply with or will be unable to comply with any conditions or limitations specified in this permit, the permittee shall immediately notify and provide the County with the following information. a. A description of a case ofnon-compliance; and b. The period of non-compliance, including exact dates and times; or, if not corrected, the anticipated time the non-compliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the non- compliance. c. Proof in a form acceptable to the County Engineer, as applicable, that all of the appropriate regulatory agencies have been properly notified of the non- compliance. d. The permittee shall be responsible for any and all damages, which may result and may be subject to enforcement action by the County for penalties or revocation of this permit. 9. This permit applies only to the land described in the permit and is transferable to a purchaser of the land only upon County approval. The permittee shall be liable for any non-compliance of the permitted activity until the County approves the transfer. No County approval shall be required for a lessee or licensee to operate the mine, provided that title to the land is not conveyed. 10. All permits and addendums along with plans must remain on job site during the entire period of construction or operation. Attachment C 3 of 6 11. When requested by the County, the permittee shall within a reasonable time furnish any information required by law, which is needed to determine compliance with the permit. If the permittee becomes aware that relevant facts were not submitted or were incorrect in the permit application or in any report to the County, such facts or information shall be submitted or correct promptly. SPECIAL CONDITIONS: 1) Within 90 days of Mining Permit approval or prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the applicant shall provide a revised Lake Area Monitoring and Management Plan, incorporating the following revisions: a. The Lake Area Management Plan's (LAMP) Monitoring Section includes a pazagraph discussing long-term maintenance of the reclamation azeas. Please move this pazagraph into the "Maintenance" Section of the LAMP (Section 4) and clazify that: 1) in the event future development involving impacts to reclamation azeas is ever proposed, these azeas would need to be mitigated at a 1:1 ratio; and 2) any portion of the reclamation azea which has been counted toward state/federal mining project mitigation, would require replacement either at 1:1 per the County or at a ratio designated by the jurisdictional state/federal agency, whichever is greater. b. Revise the Introduction and Reclamation Plan Discussion sections of the Lake Area Management Plan to refer to the appropriate sheets of the Construction Plans and Specifications, wherein the Reclamation Plans are provided. 2) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have obtained and provided the Environmental Resources Department with all required federal and state permits and approvals, including but not limited to the Environmental Resource Permit, South Florida Water Management District Water Use Permit, US Fish and Wildlife Service approval, and St. Lucie County mining permit. If federal or state agency compliance requires modification to the mining plans or implementation of conservation measures, the applicant will promptly modify the plans and submit to St. Lucie County for review and approval. The County's development approval shall not prevent compliance with any federal or state agency requirements. 3) Prior to release of the Pre-Mining bond, all invasive exotic vegetation located within the Conditional Use azea shall be removed (LDC Section 7.09.05). 4) Before any mining activities may begin, bonds must be in place for: a. Pre-mining The pre-mining vegetation restoration bond in the amount of $124,582 will be held until the horizontal limits of the mining azea (per the performance bond) aze defined through clearing and grubbing operations. Upon written request to, and approval by the County Engineer, it will be returned. b. Performance The performance bond in the amount of $102,461 is to rehabilitate the land upon completion of the mining activities. This includes the removal of all Attachment C 4of6 mining equipment and revegetation of the land and lake. All or a portion of the bond may be released prior to conclusion of the five-yeaz monitoring period, upon approval by the County Engineer and the ERD Director. 5) Hours of operation (including related activities such as loading, stockpiling, processing, etc.): 7:00 a.m. to 7:00 p.m., Monday through Saturday. 6) No operations on holidays (as observed by St. Lucie County), or Sundays. 7) No dewatering shall occur without a South Florida Water Management District (SFWMD) permit submitted to the County Engineer and receipt verified. 8) Blasting is not approved as pazt of this permit. 9) All equipment, machinery and structures, which aze accessory to mining, shall be properly removed from the site at the expiration of the permit. 10) Stockpiled material and haul roads shall be periodically watered down during dry and/or windy conditions to minimize migration of sand, dust, or air contaminants to surrounding properties. 11) Violations of the mining permit or mining plan aze subject to permit revocation by the Boazd of County Commissioners and/or subject to a fine of $250 per violation and an additional $100 per day for each day that the violation is not brought into compliance. 12) Adherence to all noise and vibration ordinances that were in effect at the time of approval is required. The noise and vibration conditions may be modified if noise complaints aze received. 13) Prior to the commencement of any mining-related operations, approval from all other regulatory agencies shall be submitted to and acknowledged by the County Engineer. 14) Pursuant to Section 378.501 or 378.801 Florida Statutes as applicable, the mine operator must notify the Executive Director of the Florida Depaztment of Environmental Protection, Bureau of Mine Reclamation, Innovation Pazk, 2051 East Dirac Dr., Tallahassee, Florida, 32310, (850) 488-8217 before any new surface azea is disturbed. 15) Annual updates shall include but not be limited to an estimated output (incremental and cumulative) and a graphical representation in both horizontal and vertical limits of how much azea has been mined. 16) As part of the reclamation phase, the permittee shall provide the County Engineer with an as-built survey which includes, but is not limited to, water depths, setbacks, and cross- sections (200 feet minimum). The survey shall be performed and certified by a Professional Land Surveyor registered in the State of Florida. The property lines shall be monumented. 17) Water consumption shall not exceed three million (3,000,000) gallons per day. Attachment C Sof6 18) The applicant shall protect all wetlands from construction or related activities occurring outside of the 200-foot wetland protection area through implementation of Best Management Practices, as appropriate. 19) The cumulative results of all monitoring wells shall be provided on the appropriate basis (weekly or monthly). 20) The destination of all material shall be the Florida Department of Transportation's State Road 70 (Okeechobee Road) project. 21) All mining activity shall be inside of the conditional use boundary. This includes the recharge ditch, berms and Swale, access road, etc. 22) No coquina mining or extensive processing will be permitted. 23) All bonds shall have no expiration date, and only be released with BOCC approval. 24) Dewatering pumps shall utilize only electric power. Diesel back-up pumps are acceptable. 25) Permittee shall be required to record the approved mining permit in the Public Records of St. Lucie County within 90 days of approval. Copies shall be provided to the County Attorney and the County Engineer. DATED THIS 20th of July, 2010 ST. LUCIE COUNTY ENGINEERING DIVISION County Engineer Attachment C 6of6 ~~ C o u NT y F L O R I D A -~- Environmental Resources Department Companion Report TO: Board of County Commissioners THROUGH: Karen Smith, Environmental Resources Department Directo~ FROM: Yvette Alger, Senior Environmental Planner DATE: July 1, 2010 SUBJECT: Adams Ranch State Road 70 Borrow Pit -Mining Permit Backs round The Engineering Department requested Environmental Resources Department (ERD) input on the applicant's request for Mining Permit approval. Findings ERD findings are presented in the ERD Final Report, which has been included in the agenda packet. Recommendations ERD supports approval of the requested Mining Permit. Signature Attachment D 1 of 4 Environmental Resources Department Final Report TO: Mike Powley, County Engineer THROUGH: Karen Smith, Environmental Resources Department Director FROM: Yvette Alger, Senior Environmental Planner DATE: June 29, 2010 SUBJECT: SR 70 Borrow Pit at Adams Ranch Mining Permit Background The Environmental Resources Department (ERD) is in receipt of the June 16, 2010 Engineering date-stamped resubmittal. The applicant is requesting approval of a 32.37- acre Conditional Use to allow for a proposed 19-acre mine within an 827.71-acre site. The project site contains a mix of active sod farms, wetlands, pasture with scattered cabbage palms and live oaks, agricultural canals/ditches, and pine flatwoods. The site is bounded by Okeechobee Road to the south, with additional Adams Ranch sod and pasture lands to the north, east, and west. The property is a bona-fide agricultural operation. Findings On December 22, 2009, the South Florida Water Management District provided apre- application wetland determination, identifying four wetlands within the vicinity of the proposed mining lake. The Conditional Use boundary, which encompasses all areas of proposed mining activities, has been sited at least 200 feet from these wetlands, in adherence to Comprehensive Plan Policy 8.1.7.5. Another potential wetland area was identified at the northeast comer of the intersection between the haul road and Okeechobee Road. This area was addressed in the resubmittal, with no impacts proposed and 200' buffers provided from all mining activities. A jurisdictional determination by applicable agencies is required as a condition of approval. The proposed mining footprint has been sited primarily within existing active sod and pasture lands and configured to avoid impacts to much of the existing native vegetation. Adjacent pine flatwoods and wetlands have been avoided, while 31 cabbage palms and a 0.22-acre palmetto prairie would be impacted by the current proposal. The applicant proposes to mitigate for impacts to native trees and vegetation through planting of Attachment D 2 of 4 Environmental Resources Department Final Report SR 70 Borrow Pit at Adams Ranch Mining Permit June 29, 2010 approximately 1,000 saw palmettos within the reclaimed lake's upland buffer and relocation of impacted cabbage palms into the CR68 right-of-way. The applicant submitted a revised Environmental Impact Report (EIR), which includes the results of the 2010 caracara surveys and concludes that no adverse impacts to caracara are likely to result from the proposed mining activities. The applicant has forwarded the survey results to the US Fish and Wildlife Service (FWS) for their review. A condition of approval requires that FWS approval be provided prior to issuance of a Vegetation Removal Permit or Exemption (Comprehensive Plan Policy 8.1.12.5). The proposed mining activities have been set-back approximately 900 feet from Okeechobee Road. Existing vegetation, including pine flatwoods and wetland areas, will screen the proposed mining operations from the adjacent roadway. Therefore, additional landscaping along Okeechobee Road is not required. Recommendation Staff supports the recommendation of approval of the SR70 Borrow Pit at Adams Ranch Mining Permit application with conditions as outlined below. Conditions of Aaaroval 1) Within 90 days of Mining Permit approval or prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the applicant shall provide a revised Lake Area Monitoring and Management Plan, incorporating the following revisions: a. The Lake Area Management Plan's (LAMP) Monitoring Section includes a paragraph discussing long-term maintenance of the reclamation areas. Please move this paragraph into the "Maintenance° Section of the LAMP (Section 4) and clarify that: 1) in the event future development involving impacts to reclamation areas is ever proposed, these areas would need to be mitigated at a 1:1 ratio; and 2) any portion of the reclamation area which has been counted toward state/federal mining project mitigation, would require replacement either at 1:1 per the County or at a ratio designated by the jurisdictional state/federal agency, whichever is greater. b. Revise the Introduction and Reclamation Plan Discussion sections of the Lake Area Management Plan to refer to the appropriate sheets of the Construction Plans and Specifications, wherein the Reclamation Plans are provided. 2) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have obtained and provided the Environmental Resources Department with all required federal and state permits and approvals, including but not limited to the Environmental Resource Permit, South Florida Water Management District Water Use Permit, US Fish and Wildlife Service approval, and St. Lucie County mining permit. If federal or state agency compliance requires modification to the mining plans or implementation of conservation measures, the applicant will promptly modify C:\Documents and Settings\SafikhaniD\Local Settings\Temporary Internet Files\Content.Outlook\CXQ7D4H8\AdamsRanchMiningPermit June10_finalrpt (2).doc Attachment D 3 of 4 Environmental Resources Department Final Report SR 70 Borrow Pit at Adams Ranch Mining Permit June 29, 2010 the plans and submit to St. Lucie County for review and approval. The County's development approval shall not prevent compliance with any federal or state agency requirements. 3) Prior to release of the Pre-Mining bond, all invasive exotic vegetation located within the Conditional Use area shall be removed (LDC Section 7.09.05). Please contact Yvette Alger at 772-462-2866 if you have any questions. C:\Documents and Settings\SafikhaniD\Local Settings\Temporary Internet Files\Content.0utlook\CXQ7D4H8WdamsRanchMiningPerrnit_June10_finalrpt (2).doc Attachment D 4of4 Missv Stiadle From: Missy Stiadle Sent: Tuesday, July 20, 2010 12:05 PM To: Barbara Felton; Carol Bishop; Charlene Furtado; Charline Burgess; Chris Craft; Chris Dzadovsky; Customer Service; Daniel McIntyre; Doug Coward; Erick Gill; Eva O'Donnell; Faye W. Outlaw; Millie Feliciano; Michelle Hylton; Janet Pentz; Jerome Adams; Joe Cimino; Kara Wood; Kristin Tetsworth; Lee Ann Lowery; Liz Martin; Mark Satterlee; Michael Brillhart; Mike Claus; Missy Stiadle; Nelson A Azcuenaga; Paula Lewis; Robin Meyer; Shane DeWitt; Terri Ann Palumbo Cc: Missy Stiadle; Janet Pentz Subject: PULLED AGENDA ITEM FOR 07/20/10 Attachments: Bocc Agenda 07-20-10.doc PLEASE NOTE ITEM N0. VIII WAS PULLED FROM THE 0712012010 BOCC AGENDA. I have attached an updated agenda. Thank you VIII. PULLED PRIOR TO MEETING MANAGEMENT 8r BUDGET Approval of proposed millage rates and dates for public hearings Missy Stiadle Executive Assistant to the County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 (772) 462-1156 (772) 462-2131 stiadlem@stlucieco.org (COUNTY ~ t O 1t : b A Please Note: Florida has very broad public records Saws. 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. ITEM NO. IX DATE: 07/20/10 AGENDA REQUEST REGULAR (X ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY~ Charlotte Lombar ~ SUBMITTED BY: Planning 8 Development ServiceslTourism Tourism Coordinator SUBJECT: TDC Capital Funding for National Navy UDT-SEAL Museum BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 362-5210-546200-500 PREVIOUS ACTION: Board approval for staff to determine grant agreement to fund the National Navy UDT-SEAL Museum expansion project. RECOMMENDATION: Board consideration to enter into a grant agreement with the National Navy UDT- SEAL Museum to allocate future TDC capital funds generated from the 33% of the fifth cent Tourist Development Tax in an amount not to exceed $470,000 including interest to fund the museum's expansion project. COMM' ItSSION ACTION: `~ `1 A~ OVED ( ) DENIED (~) ~ER Approved 4.0 Comm. coward Absent CONCURRENCE: ~_ Faye W. Outlaw, MPA County Administrator Coordination/Signatures ~~ County Attorney ( ) OMB Director r~ Katln.•.~.rr ~~j,~,{(~rytl' Budget Analyst . Dan McIntyre sr •E~. ( ) ` . /1 /~ Marie Gouin Patty Marston Originating Dept. ( ) ~ ERD ( ) ark S terlee/ Charlotte Lombard n/a Planning ~ Development Services MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, Planning & Development Services Director FRAM: Charlotte Lombarc~~ Planning & Development Services/Tourism DATE: July 20, 2010 SUBJECT: TDC Capital Funding for National Navy UDT-SEAL Museum ITEM NO. IX Background: On May 25, 2010, the Board unanimously directed staff to work with the National Navy UDT-SEAL Museum to determine a proposed recommendation to allocate future funds for the museum's 8,500 square foot expansion project. Staff proposes a five-year grant 5-year agreement that would allocate future TDC capital funds from the 33% of the fifth cent tourist development tax in the amount not to exceed $470,000 including interest. The term of the agreement would commence on September 1, 2010 and the County would pay in regular monthly payments to the museum over the five year term in accordance with the amortization table. After the first year of the term, the County would have the opportunity to prepay the principal amount in whole or in part to save on interest costs. Construction for the museum expansion project will begin on or before April 30, 2011 and will be completed on or before March 1, 2012. Construction and landscaping plans will be reviewed and approved by the County before construction begins. Construction will comply with the County's Local Preference Ordinance 09-005 and comply with green technology and building standards to the maximum extent possible. Recommendation Board consideration to enter into a grant agreement with the National Navy UDT-SEAL Museum to allocate future TDC capital funds generated from the 33% of the fifth cent Tourist Development Tax in an amount not to exceed $470,000 including interest to fund the museum's expansion project. 5'h Draft 7/15/10 2010 NATIONAL NAVY UDT-SEAL MUSEUM GRANT AGREEMENT (Tourist Development) THIS GRANT AGREEMENT("Agreement"),betweenST. LUCIE COUNTY, apolitical subdivision of the State of Florida, hereinafter called the"County" and UDT-SEAL MUSEUM ASSOCIATION, INC., a Florida not for profit corporation qualified under 501(c)(3) of the Internal Revenue Code, or its successors and assigns, hereinafter called the "Recipient" (hereinafter, County and Recipient may be individually referred to ns a "Party" or collectively as the "Parties"). WHEREAS, the Recipient had forty thousand (40,000} local, state, national and international visitors to the NATIONAL NAVY UDT-SEAL MUSEUM last year; and WHEREAS, the Recipient is the operator of the NATIONAL NAVY UDT-SEAL MUSEUM located in St. Lucie County, Florida, which is planning approximatelx a 8,400 square foot expansion; and WHEREAS, the Recipient has requested that the County assist in funding the MUSEUM expansion by allocating four hundred thousand and 0/100 ($400,000.00) dollars from the monies generated from 33% of the Fifth Cent Tourist Development Tax; and WHEREAS, the County does not currently have the funds available to fully fund the proposed expansion but is willing to pledge future monies to the Recipient from the 33% of the Fifth Cent Tourist Development Tax for up to five (5) years to fund a maximum of $400,000, plus interest; and WHEREAS, the Recipient is willing to finance the construction of the expansion by obtaining a loan from a financial institution for the monies needed to construct the expansion; and WHEREAS, the County is not pledging any revenue source other than 33% of the Fifth Cent Tourist Development Tax. IN CONSIDERATION of the mutual benefits received by each Party, the Parties mutually agree as follows: 5:\ATTY\A6REEMNT\UDT-Seal Museum.wpd -1- 1. The County has agreed to disperse to the Recipient an amount not to exceed four hundred seven thousand and 00/100 dollars ($4970,000.00) plus including interest at a rate not to exceed 6.5% ("Grant") from the Fifth Cent Tourist Development Tax over a period of 5 years for construction of a 8,400 square-foot building addition (the "Project'. The sole source for the County's grant is 33% of the Fifth Cent Tourist Development Tnx. The County makes no representation or guaranty that the allocation of the County's Fifth Cent Tourist Development Tax will generate a specific amount. at- In no event shall the recipient be able to compel the County to levy an nd-valorem tax. In no event shall the recipient be able to compel the County to disperse any other Tourist Development Tax monies 2. The Project Manager for the County is Charlotte Lombard, who may be reached by telephone nt (772) 462-1539. The Project Manager for the Recipient is Capt. Michael R. Howard, USN Ret., who may be reached by telephone at (772) 595-5845. 3. The Grant shall only be used by the Recipient for the construction of the Project in accordance with the St. Lucie County Tourist Development Council Capital Grants Program 2009/2010 Handbook and Recipient's Application, copies of which are attached hereto and incorporated herein ns Exhibits "A" and "B" respectively. To the extent there is a conflict between the Handbook and this Agreement. this Agreement shall prevail. With the consent of the County the Recipient may modify the application because of ~hysicnl financial or legal circumstances. Independent of the Grant Agreement, the Recipient agrees to obtain a loan to fund the expansion. The County shall not be obligated to sign or co-sign the note. 4. The procedures for disbursing payments pursuant to the Grant are set forth below ns follows: a. In accordance with the terms set out above, the County agrees to pay to the Recipient nn amount not to exceed $4970,000 Alas including interest at a rate not to exceed 6.5% sub jest to receipt of sufficient funds from the Fifth Cent Tourist Development Tax. The County agrees to pay these monies in dte monthly payments sub'ect to receipt of sufficient funds from the Fifth Cent Tourist Development Tnx) for five (5) years beginning on October 1, 2010 and continuing on the first daX ~ of each succeeding ~ month over the five year term in accordance with the amortization table attached as Exhibit "C". After the first year of the term. the County shall have the right to prepay the principal amount in whole or in part. b. The Parties agree that the Recipient shall begin construction on or before April 30. 2011 and shall comRlete construction of the Project on or before March 1, S:\ATTY\A6REEMNT\UDT-Seal Museum.wpd -2- 2012. Parties agree that if at anytime before a certificate of occupancy is issued the construction is halted, payment of the monies will cease. c. The parties agree that the construction and landscaping~lans for the Project must be reviewed and approved by the County before construction begins which approval shall not be unreasonably withheld. The Recipient agrees to contract with a licensed contractor to construct the Project. The contract between the Recipient and the contractor shall include provisions requiring the contractor to: (a) provide a public construction bond consistent with Section 255.05 Florida Statutes (2009); (b) general liability insurance with limits of at least 1 000 000/2 000.000 naming the County and the State of Florida ns additional named insureds' (c) comply with applicable federal, state and local rules and rec,~ulations' and (d) comps with green technology and building standards to the maximum exten~ossible. The Parties agree that the County will be notified upon completion of the Project and provided an opportunity to perform an on-site inspection. ere-eht~ d The County will establish a reserve fund from the proceeds of 33% of the Fifth Cent Tourist Development Tnx in the amount of $25 000 00 upon the commencement of the term The reserve funds would be used in the event of a revenue shortfall and shall be replenished and maintained at the $25,000 for the five (5) year term or such time as the Recipient's loan is satisfied from the 33% of the Fifth Cent Tourist Development Tax. 5. The term of this Agreement shall be for five (5) year commencing on September 1, 2010. The term of this Agreement may be extended upon the mutual written consent of the Parties. Consent is hereby assumed if the principal amount of $400,000 has not been paid to the Recipient by the end of the five (5) year term. 6. The Recipient shall notify the County in writing within ten (10) days of any modifications to the Note obtained for the construction of the Project. 7. The Recipient shall hove internal controls adequate to safeguard the Grant funds. Recipient shall submit an uncertified audit of all receipts and disbursements of Grant funds within sixty (60) days following the termination of this Agreement. 8. The Recipient grants to the County the right until the expiration of three (3) years after the last expenditure of Grant funds under this Agreement, to audit the use of the Grant funds. Upon demand, the County shall be provided with access and the right to examine any books, documents, papers, and records of the Recipient involving transactions 5:\ATTY\A6REEMNT\UOT-Seal Museum.wpd -3- related to the use of Grant funds. All required records shall be maintained by Recipient until the earlier of the following to occur: (a) an audit is completed and all questions arising therefrom are resolved or the County has notified the Recipient in writing; or (b) until the expiration of three (3) years after the last expenditure of Grant funds. 9. Recipient responsibilities shall include the following: n. Maintenance -Upon completion the Recipient shall maintain the Project in accordance with the standards of maintenance for other similar local facilities in accordance with applicable health standards including the roof and exterior walls as well as major equipment including air conditioning, electrical and plumbing. Project facilities and improvements shall be kept reasonably safe and in reasonable repair by Recipient to prevent undue deterioration and to encourage public use. b. Handicapped Accessibility -The Project will comply with handicapped accessibility in compliance with applicable federal, state and local Inws, rules and requirements. c. General Accessibility - As n specific condition of this Agreement. the Project must be accessible to the public consistent with the Facilities Use Agreement between the parties.y Tuesdnv through Sundav from 10:00 a.m. to 4:00 p.m_ or ns may be modified from time to time but not less than five (5) days per week, fifty-two (52) weeks per year, upon the payment of an entrance or membership fee on anon-exclusive basis without discrimination. ed. On-Site Signage - Signage shall be erected by Recipient to acknowledge that Tourist Development Tax dollars were used in part to construct the Project. The Recipient shall submit the proposed Signage to the County for approval before construction. Approval by the County shall not be unreasonably withheld. The sign shall be compatible with the general decor of the premises. If not acceptable, the Recipient shall resubmit and erect Signage acceptable to the County. fie. Recipient shall sign a restrictive covenant acceptable to the County Attorney in recordable form, the terms of which shall require that: (1) pursuant to Section 125.0104, Florida Statutes, the Grant funds be utilized to build, ;and improve to S:\ATT'Y\A6REEMNT\UDT-Seal Museum.wpd -4- n NATIONAL NAVY UDT-SEAL MUSEUM open to the public operated by snot-for-profit organization; and (2) if the Recipient dissolves or becomes inactive for a period of six (6) months or more or sells, transfers or assigns Recipient's interest in and to the MUSEUM to an individual, another profit or not-for-profit organization or otherwise and such sale, transfer or assignment is not first approved by the County, then title in and to the improvements constructed in, on or about the MUSEUM shall automatically revert to the County (title to the real property underlying the MUSEUM is currently vested in the State of Florida). , 10. The Recipient shall make available all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Recipient in conjunction with this Agreement. 11. Recipientngrees to pay on behalf of, protect, defend, reimburse, indemnifyand hold harmless the St. Lucie County Board of County Commissioners, its officials, agents, employees, elected officers, and representatives and each of them, collectively and for the purposes of this Paragraph 10 only, the County at all times from and against any and alf claims, liability, expenses, losses, costs, fines, recoveries and damages, including attorney's fees, resulting from the Recipient's receipt and expenditure of the Grant funds or causes of action of every kind and character against the County, including but not limited to, damage to property or the environment or bodily injury (including death, specifically arising out of or ns a result of or incident to or in connection with Recipient's performance under this Agreement or the condition of the MUSEUM ns n result of actions taken or omissions by Recipient pursuant to this Agreement; provided, however, that Recipient shall not be responsible to County for any claims, liability, expenses, losses, costs, fines, recoveries and damages, including costs and attorney's fees, resulting out of bodily injury or damages to property which Recipient can establish ns being attributable to the sere negligence of County, its respective agents, servants, employees or officers. Recipient further agrees to pay on behalf of, indemnifyand hold harmless the County for any fines, citations, court judgments, insurance claims, restoration costs or other liabilities specifically resulting from the Recipient's activities in, on or about the Project, whether or not the Recipient was negligent or even knowledgeable of any events precipitating such a fine, citation, insurance claim, restoration cost or other liability. The Recipient hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 5:\ATTY\A6REEMNT\UDT-Seal Museum.wpd -5- 12. The Recipient agrees to comply with all local, state and federal laws, rules and regulations including but not limited to Americans with Disability Act and Ordinance No. 09- 005 "Local Preference." 13. All uture publications, media productions and exhibit graphics ~°eleted-fia concerningthis Pro~ectand this Agreement shall include the following statement: "Sponsored in port by St. Lucie County Tourist Development Council." 14. The County may terminate this Agreement on thirty (30) days notice if the Recipient fails to obtain nn adequate construction loan by January 1 2011. Either Party may terminate this Agreement with cause upon the delivery of t19+-r#y{38j nine 90 days' prior written notice to the other Party and failure of that party to cure the alleged default within ninety (90) days the Recipient shall reimburse the County for: (a) all unexpended Grant funds as of the effective date of the termination; and (b) Grant funds expended in conflict with Recipient's application notwithstanding the time of disbursement. 15. Any notice shall be in writing and sent registered or certified mail, return receipt requested, postage and charges prepaid, and addressed to the Parties nt the following addresses: To the County: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue, Third Floor Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue, Third Floor Fort Pierce, Florida 34982 To the Recipient: UDT-SEAL Museum Association, Inc. 3300 N. Highway AlA Fort Pierce, Florida 34949 With n copy to: Notice shall be deemed received on the date set forth on the return receipt. If any notice is returned because n Party refused to accept delivery thereof, then notice shall be deemed received on the date the notice was refused by such Party as evidenced by said return receipt. 16. No amendment, modification or waiver of any term or condition contained in this Agreement shall be valid or of festive unless in writing, properly authorized, executed by both Parties and delivered. No waiver of any breach or condition of this Agreement shall be 5:\ATTY\A6REEMNT\UDT-Seal Museum.wpd -6_ deemed to be n waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms of contract modification, Recipient agrees to use said forms. 17. Except as otherwise provided, this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and/or assigns (only if permitted by the terms hereof). 18. .The Recipient, however, shall not assign this Agreement to any other person or firm without first obtaining County's written approval. In addition, the Recipient shall not have the right to assign any or all of its rights and interests under this Agreement to any subsidiary or parent company, or any successor to its business through merger, consolidation, voluntary sale, or transfer of substantially all of its assets without the express written consent of the County. For purposes of this paragraph, a transfer of substantially of its assets shall mean more than fifty percent (50%) of the proprietary interest in the business entity transfer, other than between themselves, their immediate families or their heirs, such proprietary interest to another person, firm, partnership, corporation or business entity. Any attempt to effect an assignment without the County's prior written consent shall be deemed a default subject to the remedies provided herein. 19. This Agreement embodies the whole understanding and agreement of the Parties with respect to the subject matter of this Agreement. There are no promises, terms, conditions, or obligations other than those contained in this Agreement. This Agreement shall supersede all previous communications, representations or agreements between the Parties, either verbal or written. 20. In the event of a dispute between the Parties in connection with this Agreement, the Parties agree to submit the disputed issue or issues to a mediator for non- binding mediation prior to filing n lawsuit. The Parties shall agree on a mediator chosen from n list of certified mediators available from the Clerk of Court for St. Lucie County, Florida. The fee of the mediator shall be shared equally by the Parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible ns evidence in any subsequent proceeding concerning the disputed issue. 21. All interpretations of this Agreement shall be governed by the Inws of the State of Florida. In the event it is necessary for either Party to initiate legal action regarding this Agreement: (a) for any claims arising under state law, venue shall be vested in the Nineteenth Judicial Circuit, in and for St. Lucie County, Florida; and (b) for any claims 5~\ATTY\A6REEMNT\UDT-Seal Museum.wpd -7- arising under federal law, venue shall be vested in the U.S. District Court for the Southern District of Florida and each party shall be responsible for their own expenses and costs, notwithstanding any other provisions herein. IN WITNESS WHEREOF, the Parties have caused the execution by their duly authorized officials as of the day and year set forth below the signature of the last of the Parties to execute this Agreement. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney UDT-SEAL MUSEUM ASSOCIATION, INC. WITNESSES: BY: Title Date: 5~\ATTY\A6REEMNT\UDT-Seal Museum.wpd -~-