HomeMy WebLinkAbout07-148
RESOLUTION NO. 07-148
A RESOLUTION APPROVING A PROPOSED STIPULATED
SETTLEMENT AGREEMENT WITH THE STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
WHEREAS, the Board of County Commissioners has made the following
determinations:
1. On May 6, 2006, the Board adopted the Towns, Villages and Countryside (TVC)
Comprehensive Plan Element and Quail Meadows Plan Amendment to the St. Lucie County
Comprehensive Plan.
2. On July 17, 2006, the Department of Community Affairs (DCA) issued a
Statement of Intent and Notice of Intent finding the Amendment not in compliance.
3. Attached to this Resolution as Exhibit "A" is a copy of a proposed Settlement
Stipulation.
4. Approval of the proposed Settlement Agreement is in the best interest of the
citizens of St. Lucie County.
NOW, THEREFORE, be it resolved by the Board of County Commissioners of St.
Lucie County, Florida:
The Stipulated Settlement Agreement attached as Exhibit" A" is hereby approved and
the Chairman is authorized to sign the Stipulation.
After motion and second, the vote on this Resolution was as follows:
Chris Craft, Chair AYE
Joseph E. Smith, Vice Chair AYE
Doug Coward, Commissioner AYE
Paula A. Lewis, Commissioner AYE
Charles Grande, Commissioner AYE
PASSED AND DULY ADOPTED this 1st day of May, 2007.
BOARD OF COUNTY COMMISSION~S
ST. LU E COUNTY, PLORIDA
BY:
BY:
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
EDGAR A. BROWN, et aI., and
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioners
vs.
ST. LUCIE COUNTY,
Respondent,
and
QUAIL MEADOWS, LLC and
INDRIO ROAD DEVELOPMENT,
LLC,
Intervenors.
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Case Nos.: 06-2834GM
06-2845 GM
STIPULA TED SETTLEMENT AGREEMENT
THIS STIPULA TED SETTLEMENT AGREEMENT is entered into by and
between the Petitioners, DEPARTMENT OF COMMUNITY AFFAIRS, and EDGAR
A. BROWN, et aI.; Respondent, ST. LUCIE COUNTY; and Intervenors, QUAIL
MEADOWS, LLC and INDRIO ROAD DEVELOPMENT, LLC, as a complete and final
settlement of all claims raised in the above-styled proceeding.
EXHIBIT
Page 1 of 16
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RECIT ALS
WHEREAS, the State of Florida, Department of Community Affairs ("DCA" or
"Department"), is the state land planning agency and has the authority to administer and
enforce the Local Government Comprehensive Planning and Land Development
Regulation Act, Chapter 163, Part II, Florida Statutes; and
WHEREAS, St. Lucie County ("Local Government") is a local government with
the duty to adopt comprehensive plan amendments that are "in compliance;" and
WHEREAS, the Local Government adopted Comprehensive Plan Amendment 06-
1 (Plan Amendment) by Ordinance No. 06-19 on May 16, 2006; and
WHEREAS, the Plan Amendment adopted text amendments to the Future Land
Use, Transportation, Recreation and Open Space, Intergovernmental Coordination, and
Capital Improvement Elements of the Comprehensive Plan, adopted four future land-use
map amendments, and created the Towns, Villages and Countryside Element; and
WHEREAS, the Department issued its Statement of Intent and Notice of Intent
regarding the Plan Amendment on July 17,2006; and
WHEREAS, as set forth in the Statement of Intent, the Department contends that
the Amendment is not "in compliance because the new Towns, Villages and Countryside
Element and the future land-use map amendments are not supported by a demonstration
that potable water is available; the Capital Improvements Element does not include
transportation facilities needed to support the Towns, Villages and Countryside Element
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or the Quail Meadows Plan Amendment; and the Towns, Villages and Countryside
Element does not contain sufficient detail regarding income qualification criteria and
long-term maintenance of the workforce housing; and
WHEREAS, the Local Government disputes the allegations of the Statement of
Intent regarding the Plan Amendment; and
WHEREAS, Petitioners EDGAR A. BROWN; BARBRA LEIN BROWN;
JOSEPHINE BROWN, AS TRUSTEE; BROWN RANCH, INe.; FLORIDA
RESOURCES, LLC; BERNARD A. EGAN GROVES, INe.; RICHARD CARNELL,
AS TRUSTEE OF THE INDRIO LAND TRUST; SHAMROCK GROVES, LLP;
HORIZON TREE FARM, L.C.; VERNON SMITH; and CHRIS SMITH, (the "Brown
Petitioners") have filed a Petition challenging the Plan Amendment, which petition was
assigned DOAH Case Number 06-2834 GM; and
WHEREAS, Petitioner DEPARTMENT OF COMMUNITY AFFAIRS
("Department") has filed a Petition challenging the Plan Amendment, which petition was
assigned DOAH Case Number 06-2845 GM; and
WHEREAS, Case Nos. 06-2834 GM and 06-2845 GM have been consolidated for
all purposes (the "Pending Proceeding"); and
WHEREAS, QUAIL MEADOWS, LLC and INDRIO ROAD DEVELOPMENT,
LLC (collectively, "Intervenors"), have intervened in the Pending Proceeding and also
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dispute the allegations contained in the Statement of Intent and dispute the Department's
finding of not "in compliance"; and
WHEREAS, the parties have met and discussed settlement extensively and on
numerous occasions, and the Local Government has furnished additional data and
analysis in support of the Plan Amendment to the Department and to the other parties;
and
WHEREAS, the parties wish to avoid the expense, delay, and uncertainty of
lengthy litigation and to resolve the Pending Proceeding under the terms set forth in this
Agreement, and agree it is in their respective mutual best interests to do so;
NOW THEREFORE, in consideration of the mutual covenants and promises
contained in this Agreement, and in consideration of the benefits to accrue to each of the
parties, the receipt and sufficiency of which are hereby acknowledged, the parties hereby
represent and agree as follows:
GENERAL PROVISIONS
1. Definitions. As used in this agreement, capitalized terms defined in the
Recitals above shall have the meanings as stated therein, and the following words and
phrases shall have the following meanings:
a. Act: The Local Government Comprehensive Planning and Land
Development Regulation Act, as codified in Part II, Chapter 163, Florida Statutes.
b. Agreement: This stipulated settlement agreement.
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c. Comprehensive Plan Amendment or Plan Amendment:
Comprehensive plan amendment 06-1 adopted by the Local Government on May 16,
2006, as Ordinance No. 06-19.
d. DOAH: The Florida Division of Administrative Hearings.
e. In compliance or into compliance: The meaning set forth in Section
163 .3184( 1 )(b), Florida Statutes.
f. Notice: The notice of intent issued by the Department to find the
plan amendment not in compliance.
g. Petition: The petitions for administrative hearing and relief filed by
the Department and the Brown Petitioners in the Pending Proceeding.
h. Remedial Action: A remedial plan amendment, submission of
support document or other action described in this agreement as an action which must be
completed to bring resolution to the issues in the pending action and bring the plan
amendment into compliance.
1. Remedial Plan Amendment: An amendment to the plan or support
document, the need for which is identified in this agreement, including its exhibits, and
which the local government must adopt to complete all remedial actions. Remedial plan
amendments adopted pursuant to this Agreement must, in the opinion of the Department,
be consistent with and substantially similar in concept and content to the ones identified
in this Agreement or be otherwise acceptable to the Department. If the remedial
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amendments adopted by the County are accepted by the Department although not in the
same form as the remedial amendments attached to this Agreement as Attachment I to
Exhibit B, the other parties to this Agreement reserve the right to file a petition or
otherwise proceed with respect to issues arising out of any change made to the Remedial
Amendments after the execution of this Agreement, pursuant to Section 163.3184(9) and
(16), Florida Statutes.
J. Support Document: The studies, inventory maps, surveys, data,
inventories, listings or analyses used to develop and support the Plan Amendment or
Remedial Plan Amendment.
2. Department Powers. The Department is the state land planning agency and
has the power and duty to administer and enforce the Act and to determine whether the
Plan Amendment is in compliance.
3. Negotiation of Agreement. The Department issued its Notice of Intent to
find the Plan Amendment not in compliance. Petitioners filed a petition challenging the
consistency of the Plan Amendment, consolidated in the Pending Proceeding.
Subsequently, the parties conferred and agreed to resolve the issues in the Pending
Proceeding through this Agreement. It is the intent of the parties that this Agreement
shall resolve fully and finally all issues between the parties that were, or could have been,
raised in the Pending Proceeding.
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4. Dismissal. Ifthe Local Government completes the Remedial Actions
required by this Agreement, the Department will issue a cumulative Notice oflntent
addressing the Remedial Plan Amendment and the initial Plan Amendment. The
Department will file the cumulative Notice of Intent with DOAH. The parties will also
file a request to relinquish jurisdiction to the Department for dismissal of this proceeding
or for realignment of the parties, as appropriate under Section 163 .3184(16)(f), Florida
Statutes.
5. Description of Provisions alleged to be not in Compliance and Remedial
Actions; Legal Effect of Agreement. Exhibit A to this Agreement is a copy of the
Statement of Intent, which identifies the provisions of the Plan Amendment alleged to be
not in compliance. Exhibit B contains Remedial Actions needed for resolution of the
issues in the Pending Proceeding and compliance. Exhibits A and B are incorporated
into this Agreement by this reference. This Agreement constitutes a stipulation that if the
Remedial Actions are accomplished, the Plan Amendment will be in compliance.
6. Remedial Actions to be Considered for Adoption. The Local Government
agrees to consider for adoption by formal action of its governing body all Remedial
Actions described in Exhibit B, including the Remedial Amendments included as
Attachment I to Exhibit B, no later than the time period provided for in this Agreement.
7. Adoption or Approval of Remedial Plan Amendments. Within 60 days
after execution of this Agreement by the parties, the Local Government shall consider for
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adoption all Remedial Actions or Plan Amendments and amendments to the Support
Documents. This may be done at a single adoption hearing. Within 10 working days
after adoption of the Remedial Plan Amendment, the Local Government shall transmit 5
copies of the amendment to the Department as provided in Rule 9J-l1.011(5), Florida
Administrative Code. The Local Government also shall submit one copy to the regional
planning agency and to any other unit of local or state government that has filed a written
request with the governing body for a copy of the Remedial Plan Amendment and a copy
to the Brown Petitioners, to the Intervenors, and to any other party subsequently granted
intervenor status in this proceeding. The Remedial Plan Amendment shall be transmitted
to the Department along with a letter which describes the remedial action adopted for
each part of the plan amended, including references to specific portions and pages.
8. Acknowledgment. All parties to this Agreement acknowledge that the
"based upon" provisions in Section 163.3184(8), Florida Statutes, do not apply to the
Remedial Plan Amendment.
9. Review of Remedial Plan Amendments and Notice oflntent. Within 30
days after receipt of the adopted Remedial Plan Amendments and Support Documents,
the Department shall issue a cumulative Notice oflntent pursuant to Section 163.3184,
Florida Statutes, for the adopted amendments in accordance with this Agreement.
a. In Compliance: If the adopted Remedial Actions satisfy this
Agreement, the Department shall issue a cumulative Notice oflntent addressing both the
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Plan Amendment and the Remedial Plan Amendment as being in compliance. The
Department shall file this notice with DOAH and shall move to realign the parties or to
have this proceeding dismissed, as may be appropriate.
b. Not in Compliance: If the Remedial Actions do not satisfy this
Agreement, Petitioners and Intervenors reserve the right to proceed to hearing in this
matter.
10. Effect of Amendment. Adoption of any Remedial Plan Amendment shall
not be counted toward the frequency restrictions imposed upon plan amendments
pursuant to Section 163.3187(1), Florida Statutes.
11. Purpose of this Agreement; Not Establishing Precedent. The Parties enter
into this Agreement in a spirit of cooperation for the purpose of avoiding costly, lengthy
and unnecessary litigation and in recognition of the desire for the speedy and reasonable
resolution of disputes arising out of or related to the Plan Amendment. The acceptance
of proposals for purposes of this Agreement is part of a negotiated agreement affecting
many factual and legal issues and is not an endorsement of, and does not establish
precedent for, the use of these proposals in any other circumstances or by any other local
government.
12. Approval by Governing Body. This Agreement has been approved by the
Local Government's governing body at a public hearing advertised at least 10 days prior
to the hearing in a newspaper of general circulation in the manner prescribed for
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advertisements in Section 163 .3184( 16)( c), Florida Statutes. This Agreement has been
executed by the appropriate officer as provided in the Local Government's charter or
other regulations.
13. Changes in Law. Nothing in this Agreement shall be construed to relieve
either party from adhering to the law, and in the event of a change in any statute or
administrative regulation inconsistent with this agreement, the statute or regulation shall
take precedence and shall be deemed incorporated in this Agreement by reference.
14. Other Persons Unaffected. Nothing in this Agreement shall be deemed to
affect the rights of any person not a party to this Agreement. This Agreement is not
intended to benefit any third party.
15. Attorney Fees and Costs. Each party shall bear its own costs, including
attorney fees, incurred in connection with the above-captioned case and this Agreement.
16. Effective Date. This Agreement shall become effective as between the
Department and the Local Government immediately upon execution by the Department
and the Local Government. The Brown Petitioners and the Intervenors may also join in
this agreement.
17. Filing and Continuance. This Agreement shall be filed with DOAH by the
Department after execution by the parties. Upon the filing of this Agreement, the
administrative proceeding in this matter shall be stayed by the Administrative Law Judge
in accordance with Section 163 .3184( 16 )(b), Florida Statutes.
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18. Retention of Right to Final Hearing. The parties hereby retain the right to
have a final hearing in this proceeding in the event of a breach of this Agreement, and
nothing in this Agreement shall be deemed a waiver of such right. Any party to this
Agreement may move to have this matter set for hearing if it becomes apparent that any
other party whose action is required by this Agreement is not proceeding in good faith to
take that action.
19. Construction of Agreement. All parties to this Agreement are deemed to
have participated in its drafting. In the event of any ambiguity in the terms of this
Agreement, the parties agree that such ambiguity shall be construed without regard to
which of the parties drafted the provision in question.
20. Entire Agreement. This is the entire agreement between the parties and no
verbal or written assurance or promise is effective or binding unless included in this
document.
21. Governmental Discretion UnatTected. This Agreement is not intended to
bind the Local Government in the exercise of governmental discretion which is
exercisable in accordance with law only upon the giving of appropriate public notice and
required public hearings.
22. Multiple Originals; Counterparts. This Agreement may be executed in any
number of originals, all of which evidence one agreement, and only one of which need be
produced for any purpose. This Agreement may be executed in several counterparts,
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each of which shall be deemed to be an original and all of which together shall constitute
one Agreement.
23. Captions. The captions inserted in this Agreement are for the purpose of
convenience only and shall not be utilized to construe or interpret any provision of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their undersigned officials as duly authorized.
Date:
EDGAR A. BROWN
Date:
BARBARA LEIN BROWN
Date:
JOSEPHINE BROWN, as Trustee
BROWN RANCH, INC.
BY:
Date:
[Name]
[Title]
FLORIDA RESOURCES, LLC
BY:
Date:
[Name]
[Title]
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BERNARD A. EGAN GROVES, INC.
BY:
[Name]
[Title]
RICHARD CARNELL, as Trustee of
The Indrio Land Trust
Date:
Date:
Page 13 of 16
SHAMROCK GROVES, LLP
BY:
[Name]
[Title]
HORIZON TREE FARM, L.C.
BY:
[Name]
[Title]
VERNON SMITH
CHRIS SMITH
Date:
Date:
Date:
Date:
Page 14 of 16
DEPARTMENT OF COMMUNITY AFFAIRS
By:
Charles Gauthier, AICP, Director
Division of Community Planning
Approved as to Form and Legality:
Richard E. Shine
Assistant General Counsel
ST. LUCIE COUNTY
BY:
[Name]
[Title]
Approved as to Form and Legality:
Daniel S. McIntyre
County Attorney
Date:
Date:
Date:
Date:
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QUAIL MEADOWS LLC
BY:
[Name]
[Title]
INDRIO ROAD DEVELOPMENT, LLC
BY:
[Name]
[Title]
Date:
Date:
Page 160f 16
Exhibit A
STATE OF FLORIDA
DEPARTMENT OF COM:\'IUNITY AFFAIRS
IN RE: ST. LUCIE COl.;NTY
CorvlPREHE~SIVE PLAN A.J.\tlENDME:\TTS
ADOPTED BY ORDINANCE
~o. 06-019 on May 16,2006
Docket No.
DCA 06-1-NOI-5601-(A)-(N)
STATEMENT OF INTENT TO FIND
COMPREHENSIVE PLAN AMENDMENT
NOT IN COMPLIANCE
The Florida Department of Community Affairs hereby issues its Statement of Intent to
find the St. Lucie County Comprehensive Plan Amendments adopted by Ordinance Number 06-
019 on May 16, 2006 ("Plan Amendments") Not In Compliance based upon the Objections,
Recommendations, and Comments Report ("aRC Report") issued by the Department on
January 13, 2006, which is hereby incorporated by reference. The Department finds the Plan
Amendments not "in compliance" because they are not consistent with Chapter 163, Part II,
Florida Statutes (F.S.), the State Comprehensive Plan (Chapter 187, F.S.), the Treasure Coast
Strategic Regional Policy Plan, and Rule 9J-5, Florida Administrative Code (F.A.C.), for the
following reasons:
1. FUTURE LAND USE MAP (FLUM) AMENDMENTS
A. Inconsistent Provisions: The inconsistent provisions of the plan amendments
under this subject heading follow:
I. Section 163.3177(6)(a), F.S., requires that the future land use plan be based upon
the availability of water supplies and public facilities. The Plan Amendments include a new
comprehensive plan element called the uTo\\-TIS, Villages and Countryside Element" and
amendments to the future land use map which create additional demand for water. The data and
analysis provided with the Plan Amendments fails to demonstrate that adequate water supplies
Exhibit A
are m'ailable. The Plan Amendments would increase the total demand for potable \vater, and the
County has not demonstrated that it has available potable water supply to service the increased
demand for potable \vater. The data and analysis also do not demonstrate that adequate sewer
capacity \vill be available. The Plan Amendments do not adequately modify the Capital
Improvements Element to provide for needed capital facilities or facility enhancements to supply
the increased demand for water and sewer. The Plan Amendments do not identify a facility
provider for water and sewer services.
The Department specifically finds that the Plan Amendments are inconsistent with the
following rules and statutory provisions: Section 163.3177(1), (2), (3)(a), (3)(b), (6)(a), (6)(c),
and (8), F.S.; Section 163.3184(l)(b), F.S.; Rules 9J-5.005(2)(a), 9J-5.0055(l)(b), 9J-5.006(2)(a)
and (2)(b), 9J-5.006(3)(b)1. and (3)(b)4., 9J-5.006(3)(c)3., 9J-5.011(l)(e)1., 9J-5.011(l)(f), 9J-
5.016(4)(a), F.A.C.; Regional Goals 3.4 and 6.2 and Policies 3.4.1.2,6.2.2.2 and 6.2.2.4 of the
Treasure Coast Strategic Regional Policy Plan.
Recommended Remedial Action: The above inconsistency may be remedied by taking
the following actions:
1. St. Lucie County should demonstrate the necessary coordination of
changes in land use with an assured supply of potable water. The County should
also identify any needed water and sewer facility improvements to maintain the
adopted level of service standard for the short and long term planning time
frames. These improvements should be coordinated with the Water, Sewer, and
Capital Improvements Elements of the County's comprehensive plan, including
implementation through the 5 year schedule of capital improvements for any
Exhibit A
facilities needed during that time frame. The County should identify the water
and se\ver services provider for the Towns, Villages and Countryside area.
/ Section 163.3177(6)(a), F.S., requires that the future land use plan be based upon
the availability of public facilities and services. The Plan Amendments include future land use
,
map amendments which would increase demand on transportation facilities and services. The
Plan Amendments do not modify the Capital Improvements Element to provide for
transportation facility enhancements to accommodate the increased demand on transportation
facilities and services and maintain adopted level of service standards.
The Department specifically finds that the Plan Amendments are inconsistent with the
following rules and statutory provisions: Section 163.3161(3), 163.3177(1), (2), (3)(a), (3)(b),
(6)(a) and (6)(b), F.S.; Rule 9J-5.005(2), 9J-5.0055(1)(a) and (b); 9J-5.006(2) and (3), 9J-
5.019(2), (3), and (4), and 9J-l1.007(l), F.A.C.; Regional Goals 3.4 and 7.1 and Policies 3.4.1.2,
7.1.2.8 and 7.1.2.10.
Recommended Remedial Action: The above inconsistency may be remedied by taking
the following actions:
1. Amend the Capital Improvements Element to include a) the
transportation facility improvements needed to support the amendment; and b)
improvements necessary to maintain adopted level of service standards on roads
impacted by the Quail Meadows Plan Amendment.
3. Section 163.3177(6)(t), F.S. requires the prOVlSlon of adequate sites for future
housing, including housing for low-income, very low-income, and moderate-income families.
Exhibit A
The Towns, Villages and Countryside Element includes Policy 3.1.4.6., pertaining to workforce
housing, which addresses households at 80% to 120% of the area median income. The policy
lacks specific and measurable criteria to ensure implementation.
The Department specificalIy finds that the Plan Amendments are inconsistent with the
follo\ving rules and statutory provisions: Section 163.3177(1), F.S.; 163.3177(6)(f), F.S.; Rule
9J-5.005(6); Rule 9J-5.010 (3)(b) 1.,3. and 7., F.A.C; Rule 9J-5.010 (3)(c) 1.,2.,5., 7.,and 11.,
F.A.C.; Regional Goal 2.1 and Policy 2.1.1.5.
Recommended Remedial Action: The above inconsistency may be remedied by taking
the following actions:
1. Include specific and measurable criteria for the income qualification of
households prior to occupancy of workforce housing units. Require that
workforce housing units remain affordable over the long term by at.taching deed
restrictions that specify a period of affordability for workforce housing units.
II. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN
A. Inconsistent Provisions: The inconsistent provisions of the plan amendment under
this subject heading are as follows:
1. The adopted comprehensive plan amendment is inconsistent with the State
Comprehensive Plan goals and policies set forth in Section 187.201, F.S., including the
following provisions:
a. Goal (4) - Housing, Policies (b) I and 3, to ensure that the public and private
sectors increase the affordability and availability of housing for low- and moderate-income
persons;
Exhibit A
b. Goal (7) - Water Resources, Policies (b) 2, 5, 9, and 10, to ensure that new
development is compatible with local and regional water supplies;
c. Goal (IS) - Land Use, concerning land use and directing development to those
areas which have in place, or have agreements to provide, the land and water resources, fiscal
abilities, and sen.-ice capacity to accommodate growth in an envirorunentally acceptable manner;
and
d. Goal (17) - Public Facilities, Policies 1, 3-7, and 9, providing incentives for
developing land in a way that maximizes the use of public facilities, allocates the costs of new
public facilities based on the benefits received by existing and future residents, and develop
sound and cost effective techniques for financing public facilities.
e. Goal (19) - Transportation, Policies 2, 3, 9, and 13, direct and coordinate
transportation investments, coordinate state, regional and local transportation plans, and ensure
that the transportation system provides timely and efficient access to services, jobs, markets, and
attractions.
B. Recommended Remedial Action: These inconsistencies may be remedied by
taking the following actions:
Revise the plan amendment as described in the recommended remedial actions above.
CONCLUSIONS
1. The Plan Amendments are not consistent with the South Florida Strategic
Regional Policy Plan;
2. The Plan Amendments are not' consistent with the State Comprehensive Plan;
3. The Plan Amendments are not consistent with Chapter 9J-5, F.A.C.;
4. The Plan Amendments are not consistent with Chapter 163, Part II, F.S.;
Exhibit A
5. The Plan Amendments are not '"in compliance" as defined by Section
163.3184(1 )(b), F.S.; and
6. In order to bring the Plan Amendments into compliance, the County may
complete the remedial actions described above or adopt other remedial actions which eliminate
the inconsistencies.
Executed this /4.M.. day of July, 2006, in Tallahassee, Florida, by
(~ aerie J
~ I Director, ivision of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
EXHIBIT B
SCHEDULE OF REMEDIAL ACTIONS
St. Lucie County will undertake the following remedial actions:
POTABLE WATER AND SANITARY SEWER
1. St. Lucie County has previously submitted additional Support Documents, including data
and analysis, to demonstrate that potable water and sanitary sewer facilities will be
available to meet the demands of existing and proposed development. The Department
acknowledges the receipt and sufficiency of such data and analysis in support of the
Remedial Amendments as shown in Attachment I. The Documents included the
following:
a. Ft. Pierce Utility Authority's (FPUA) schedule of permitted, utilized and excess
capacity, the capital improvements schedule and a copy of the executed interlocal
agreement between St. Lucie County and FPUA, contained in the report titled
Response to Florida Department of Community Affairs 06-1 Comprehensive Plan
Amendments for the St. Lucie County Towns, Villages & Countryside (TVC)
Element, July 2006 (the "Response''). The information in the report was prepared
by St. Lucie County Utilities, Ft. Pierce Utility Authority, LBFH, Inc., St. Lucie
County Public Works, St. Lucie County Growth Management and the Treasure
Coast Regional Planning Council.
b. FPUA's adopted Master Plan, submitted to South Florida Water Management
(SFWMD) on January 22, 2007;
c. Surface Water Management Report & Supplementary Documents prepared by
LBFH, Inc., submitted to South Florida Water Management (SFWMD) on
January 22, 2007;
d. Documentation from St. Lucie County's current SFWMD application, submitted
to SFWMD on January 22, 2007;
e. Documentation from FPUA's current SFWMD application and updated
population and demand projections submitted to SFWMD on January 22, 2007;
f. Documentation of public meetings regarding the formation of a Special District or
municipal service taxing unit or benefit unit (MSTUIMSBU) and financing
options for the TVC area, submitted to SFWMD on January 22, 2007 and the
Department on February 6, 2006;
g. Documentation via email regarding the amount of State Revolving Funds (SRF)
used for FPUA capital improvements within the first 3 years.
2. St. Lucie County will adopt Remedial Amendments shown in Attachment I, Remedial
Plan Amendments, under the headings, "Proposed Water & Wastewater Amendments to
TVC Element," and "Proposed Water & Wastewater Amendments to Capital
Improvements Element."
TRANSPORTATION FACILITIES IMPROVEMENTS
3. St. Lucie County has previously submitted additional Support Documents, including data
and analysis, to demonstrate the impacts of anticipated development within the TVC land-use
classification upon transportation facilities. The Department acknowledges the receipt and
sufficiency of such data and analysis in support of the Remedial Amendments as shown in
Attachment I. The Documents included the following:
h. Copies of the Florida Department of Transportation adopted work plan for 1-95 in
District 4 dated January 21, 2007, submitted to the Department on February 6,
2007;
I. Two memoranda including additional transportation modeling by GMB
Engineers, Inc., dated February I, 2007, submitted to the Department on February
6, 2007;
J. Memorandum regarding financial feasibility by Treasure Coast Regional Planning
Council, dated February 6, 2007, submitted to the Department on February 6,
2007;
k. Memorandum regarding the Jobs to Housing Balance by TCRPC, dated February
21, 2007, submitted to FOOT and Department on February 21, 2007;
1. Copies of the Florida Department of Transportation adopted work plan for 1-95 in
District 4 dated March 6, 2007, submitted to the Department on March 8, 2007;
m. A memorandum including additional transportation modeling by GMB Engineers,
Inc., dated April 5, 2007.
4. St. Lucie County will adopt Remedial Amendments shown in Attachment I, Remedial
Plan Amendments, under the headings, "Proposed Transportation Amendments to TVC
Element," and "Proposed Transportation Amendments to Capital Improvements
Element."
WORKFORCE HOUSING
5. St. Lucie County will adopt Remedial Amendments shown in Attachment I, Remedial
Plan Amendments, under the heading, "Proposed Workforce Housing Changes to TVC
Element."
QUAIL MEADOWS LAND-USE MAP AMENDMENT
6. The County has already adopted a revised Capital Improvements Element that adds
certain improvements to the intersection of Kings Highway and Orange Avenue.
Remedial Amendments for 06-01, Docket No. 06-I-NOI-560I-(A)-(N)
April 6, 2007
Proposed Changes to TVC Element
[Proposed changes are indicated by strikethrough for deleted text and underline for added text.]
Fiscal Neutrality: A result wherein the net effect of tax revenue, impact fees and other
financial contributions received from new development added to the pubic spending for
infrastructure for the development is neutral so as not to negatively affect the current
fiscal budget.
*
*
*
*
*
*
Policy 3.1.2.4: Expedited review process. The County shall establish an expedited
process for rezoning and development review within six months of the adoption of the
TVC Element. Since the TVC Element provides incentives for large-scale settlement
plans, and does not provide incentives for piecemeal development, the expectation is
for an assemblage of coordinated development plans that may result in numerous
proiects meeting the threshold for Development of Regional Impact (DR!) review
process. The County will work with the Treasure Coast Regional Planning Council to
reduce Council's Development of Regional Impact fDRIj review process to ninety
days for projects that propose to build in accordance with an approved Special Area
Plan and the TVC Goals, Objectives and Policies. A development proposal that meets
the threshold for DRI review, but does not propose to build in accordance with an
approved Special Area Plan or in accordance with the TVC Goals, Objectives and
Policies, is not eligible for the TVC expedited review process.
*
*
*
*
*
*
Remedial Amendments for 06-01, Docket No. 06-I-NOl-5601-(A)-(N)
April 6, 2007
Proposed Water & Wastewater Amendments to TVC Element
[Proposed changes are indicated by strikethrough for deleted text and underline for added text.]
Policy 3.1.4.11: Provider of Potable Water and Sanitary Sewer. The County as retail provider
has a Bulk Utility Agreement with the Ft. Pierce Utility Authority (FPUA) to provide bulk utility
service within the North St. Lucie County Special Area Plan. Thereafter, the County and FPUA
shall iointly plan water supply and wastewater facilities to serve the area needs. The water supply
source to meet the additional demands of new development shall be the Floridan Aquifer or a
permitted alternative water supply source. Within t'Nelve months of adoption of the PIC, the
County shall establish and agreement with a competent entity as the provider of Potable Water and
Sanitary Se'Ner. In the event that over time, the provider is unable to satisfy the demand of the area,
the Count)' shall explore the surficial and intermediate aquifers as sources of potable water.
Policy 3.1.4.12: Construction of Infrastructure. The Ft. Pierce Utility Authoritv (FPUA) and St.
Lucie Countv or its designee shall plan, design, permit and construct a water, wastewater and
reclaimed water utility infrastructure (including water supply, treatment, storage, distribution,
collection, and disposal capacity) to support the potable water, sanitary sewer and irrigation needs
of the NSLC SAP at full build out and in accordance with the level of service established by the
County's comprehensive plan, as amended from time to time. This infrastructure shall be built to
FPUA and County standards, and as-built drawings shall be provided to FPUA and the County.
The FPUA and the County may conduct periodic inspections (the nature and frequency of which are
to be determined by FPUA and the County) both during and after construction to ensure that the
infrastructure is being properly constructed, operated and maintained. It is recognized by the
parties that said infrastructure may be constructed in phases commensurate with the creation of
demand by development.
Policy 3.1.4.13: Levels of Service Standards. In accordance with Section 163.3180 F.S., sanitarv
sewer, solid waste, drainage, potable water, parks and recreation, schools and transportation
facilities shall be provided to meet level of service standards for concurrency purposes.
Policy 3.1.4.14: Availability of Facilities, In accordance with Section 163.3180(2) F.S., sanitary
sewer, solid waste, drainage, adequate water supplies, and potable water facilities shall be in place
and available to serve new development no later than the issuance of a certificate of occupancy or
its functional equivalent. Prior to approval of a building permit or its functional equivalent, St.
Lucie County shall consult with the applicable water supplier to determine whether adequate water
supplies to serve the new development will be available no later than the anticipated date of
issuance by the County of a certificate of occupancy or its functional equivalent.
Policy 3,1,4.15: Fundin!! Public Facility Improvements. The North St. Lucie County (NSLC)
Special Area Plan (SAP) does not authorize approval of specific development plans or proposals.
Development plans or proposals may be approved within the NSLC SAP area if the necessary
public facility improvements are added to the County's Five-Year Capital Improvements Schedule
(or, in the case of transportation improvements subiect to Section 163.3180(l6)(b) or (1), Florida
Statutes, the Ten-Year Capital Improvements Schedule if applicable) supported by an executed
Developer Agreement, Interlocal Agreement or other financing source including one or more of the
financing tools and strategies outlined in Policy 3.1.9.16 guaranteeing adequate funding for the
improvements. The amended Capital Improvement Schedule shall specifY the responsible partv,
whether County, developer or otherwise, for funding the necessary public facilities and is subiect to
2
Remedial Amendments for 06-0 I, Docket No. 06-I-NOI-560 I-(A)-(N)
April 6, 2007
adjustment through the County's final site plan approval process and state and federal permitting
processes, to the extent such adjustment meets the Obiectives and Policies of the TVC.
*
*
*
*
*
*
*
Proposed Water & Wastewater Amendments to Capital Improvements Element
[Proposed changes are indicated by strikethrough for deleted text and underline for added text.]
Policy 11.1.1.31: Availability of Water Supply, The availability of water supply for the TVC has
been demonstrated through the Ft. Pierce Utility Authority Water and Wastewater Master Plan and
the St. Lucie County Water and Wastewater Master Plan provided as data and analysis in support of
the North St. Lucie County (NSLC) Special Area Plan (SAP) subiect to the SFWMD consumptive
use process. Table 11-14 identifies the proiected long-range water system and water treatment
facilities capacity. Table 11-14 shall be updated annually to reflect any scheduling, cost or funding
changes associated with development approvals. As the NSLC SAP is wholly located within the
boundaries of the SFWMD, any development will obtain all required consumptive water use
permits from the SFWMD prior to any withdrawals for development purposes.
Table 11-14
St Lucie County & Ft Pierce Utility Authority
Lone:-Rane:e Water System Capacity & Water Treatment Facilities Capacity
Capital Improvement Proiects
SLC & FPUA Water System Capacity Capital Improvement Projects
Date Water System Project Capacity Additional Cost Funding
Increase ERUs
07 - 2006 Current excess capacity 2.16 mgd 5,333 N/A N/A
09 - 2006 Permit #0081 062-176-WC Phase II 3.0 mgd 7,407 $ 10,650,000 SRF/CIC
[completed]
09 - 2007 Permit #0081 062-176-WC Phase III 4.0 mgd 9,876 $ 14,200,000 SRF/CIC
[completed]
2014 - 2025 RO Plant Expansion Phase IV 7.0 mgd 17,284 $ 24,850,000 FPUA *
2013 -2022 Holiday Pines WTF expansion 1,2 mgd 2,963 $ 7,500,000 Loan/SRF/DA
2017 - 2025 North County Water Treatment Facility 5.0 mgd 12,346 $ 24,000,000 Loan/SFR/DA
Total Increased Water System Capacity 22.36 mgd 55,209* . Exceeds projected growth in the TVC
for the NSLC SAP
SLC & FPUA Wastewater Plant Capacity Capital Improvement Projects
Date Water Reclamation Facility Capacity Additional Cost Funding
Increase ERUs
07 -2006 Current excess capacity 2.51 mgd 10,458 N/A N/A
05-2010 Mainland 5MGD WRF on-line 3,70 mgd 15,417 $ 47,800,000 SRF/CIC
2017-2025 North County Regional WWTP 1.5 mgd 3,704 $ 8,900,000 Loan/SRF/DA
Demand Mainland WRF expansion 20.00 mgd 83,333 $160,000,000 FPUA *
3
Remedial Amendments for 06-01, Docket No. 06-1-NOI-5601-(A)-(N)
April 6, 2007
Driven (max avail expand 30mgd)
Total Increased Water Reclamation Capacity
27.71 mgd
112,913*
. Exceeds projected growth in the TVC
for the NSLC SAP
* FPUA's Capital Budqet is funded by Capital Improvement Charqes (CIC), Contribution in Aid (CIA), State
Revolvinq Fund Loans (SRF), Grants, Workinq Capital. and Developer Aqreements (DA). Fundinq sources may
be supplemented by the financinq tools and strateqies outlined in Policy 3.1.9.16.
Policv 11.1.1.32. Table 11-15 identifies proposed facility improvements scheduled bv Ft. Pierce Public
Utilities Authority (FPUA) and the County to meet the capacity demands for growth in the service area,
including the North St. Lucie County Special Area Plan. The County will monitor and update this long-
term capital improvements schedule annually based on development approvals, FPUA updates to its
Water & Wastewater Master Plan and County updates to its Water and Wastewater Master Plan.
Committed and Planned revenue sources for St. Lucie County Utilities are shown in Table 11-15A.
Table 11-15
St. Lucie County & Ft. Pierce Utilitv Authoritv
Lone-Ranee Water Treatment Facilities & Water Reclamation Facilities
Capital Improvement Proiects
WATER TREATMENT FACILITIES
5-YR CIP
St. Lucie County Utilities Water System
5.Year Capital Improvement Projects
CIP Schedule Project Project Estimated Funding
Number Cost
2011 3634 Water Line Extensions to Central County $1,219,000 Developer
Agreements
2010 3641 Water Interconnect - Kings Highway/Picos Rd $50,000 Connection
Fees
2007 3600 HEW Water Plant Water Storage Tank Replacement $75,000 Connection
Fees
2010 3638 North Hutchinson Island 1 MG Tank $1,650,000 Connection
Fees
2007 36002 Bryn Mawr High Service Pumps $325,000 Connection
Fees
2011 1905 Water Mains $387,000 Developer
Agreements
Total St. Lucie County Utilities Water System 5.Year CIP: $3,706,000
FPUA Water System
5.Year Capital Improvement Projects
CIP Schedule Project Project Estimated Funding
Number Cost
4
Remedial Amendments for 06-0 I, Docket No. 06-I-NOI-560 I-(A)-(N)
April 6, 2007
2011 5-1 Orange Avenue WM Improvements $794,000 Capital
Budget
2011 5-2 Rock Road WM Improvements $668,000 Capital
Budget
2011 5-3 Kings Highway WM Improvements $2,560,000 Capital
Budget
2011 5-4 Taylor Dairy Rd. & St. Lucie Blvd. WM Improv. $1,270,000 Capital
Budget
2011 5-5 Keen Rd. WM Improvements $655,000 Capital
Budget
2011 5-6 Harmony Heights WM Improvements $1,500,000 Capital
Budget
2011 5-7 Sun land Gardens WM Improvements $832,000 Capital
Budget
2011 5-8 Jenkins Road and Peterson Road WM Improvements $1,820,000 Capital
Budget
2011 5-9 Jenkins Road WM Improvements $139,000 CIC
2011 5-10 Wal-Mart Distribution Center $353,000 Capital
Budget
2011 5-11 Selvitz Road WM Improvements $378,000 Capital
Budget
2011 5-12 Edwards Road WM Improvements $504,000 CIC/Cap.
Budget
2011 5-13 25th Street WM Improvements $378,000 CIC/Wrk
Capital
2011 5-14 Martin Luther King Jr. Blvd. and US-1 WM $1,890,000 Capital
Budget
2011 5-15 Indian River Drive WM Improvements $479,000 Capital
Budget
2011 5-18 Midway Rd. WM Improvements $895,000 CIC/Cap.
Budget
2011 5-19 US-1, Saeger Ave. and Easy Street WM Improv. $1,200,000 Capital
Budget
Total FPUA Water System 5-Year CIP: $16,315,000
CIP Schedule
Project
Number
WATER TREATMENT FACILITIES
10-YR CIP
St. Lucie County Utilities Water System
10- Year Capital Improvement Projects
Project
Estimated
Cost
Funding
2017
HA.1-5
Holiday Pines Distribution System Improvements
$123,000
County/DA *
5
Remedial Amendments for 06-01, Docket No. 06-I-NOI-560 I-(A)-(N)
April 6, 2007
2017 W6-5,6,7 Expand Holiday Pines WTP to 1.5MG, Install 2 $7,500,000 County/DA*
Floridian Wells and raw WM
2015 T A.1-2 Johnston Road Corridor WM Improvements $1,830,000 County/DA *
2015 TB.1 Dixie Highway 16" WM north from Indrio Rd. to $280,000 County/DA *
Harbor Branch Institute
2014 TB.2 Dixie Highway 16" WM south from Indrio Rd. to the $332,000 County/DA *
Town of St. Lucie Village
2013 TC.1 Turnpike Feeder Rd. WM Expansions $1,300,000 County/DA*
2013 TD.1 Kings Highway 16" WM Improvements $548,000 County/DA *
2013 TIC.1 Johnston Rd. Bulk Water Interconnect wi FPUA $500,000 County/DA*
2017 TW.1 North County Regional Water Treatment Facility 4-6 $24,000,000 County/DA *
mgd
Total St. Lucie County Utilities Water System 10.Year CIP: $36,413,000
FPUA Water System
10.Year Capital Improvement Projects
2017 1 0- 20 Kings Highway and St. Lucie Boulevard Water Main $1,010,000 FPUAI DA *
(WM) Improvements
2017 10-21 Jenkins Road WM Improvements $995,000 FPUAI DA *
2017 10-22 Angle Road and 37th Street WM Improvements $995,000 FPUAI DA *
2017 1 0- 23 Pruitt Research Center Road WM Improvements $315,000 FPUAlDA *
2017 10-24 Graham Road WM Improvements $655,000 FPUA/DA*
2017 10-25 Whiteway Dairy Road WM Improvements $364,000 FPUAlDA *
2017 10-26 Kirby Loop Road WM Improvements $269,000 FPUAlDA *
2017 10-27 Jenkins Road WM Improvements $655,000 FPUAlDA *
2017 10-28 Christenson Road and Devine Road WM $655,000 FPUAlDA *
Improvements
2017 10-29 Sunrise Blvd WM Improvements $403,000 FPUAlDA *
2017 10-30 Midway Road and Sunrise Blvd WM Improvements $554,000 FPUAlDA *
2017 1 0-31 Indian River Drive and Midway Road WM $1,700,000 FPUAlDA *
Improvements
Total FPUA Water System 10.Year CIP: $8,570,000
WATER TREATMENT FACILITIES
20-YR CIP
St. Lucie County Utilities Water System
20.Year Capital Improvement Projects
6
Remedial Amendments for 06-01, Docket No. 06-I-NOI-5601-(A)-(N)
April 6, 2007
2027 FA.2 Indrio Road and Kings Highway 16" WM $950,000 County/DA *
Improvements
2027 FC.1-9 Lakewood Park Area WM Improvements $2,700,000 County/DA *
2027 FIC.2 Bulk Water Interconnect with FPUA $560,000 County/DA *
2027 FB.1-4 North County Reclaimed Water System $3,550,000 County/DA *
Improvements
Total St. Lucie County Utilities Water System 20.Year CIP: $7,760,000
FPUA Water System
20-Year Capital Improvement Projects
2027 20-32 Florida Turnpike WM Improvements $4,284,000 FPUAlDA *
2027 20-33 Immokalee Road WM Improvements $832,000 FPUA/DA*
2027 20-34 St. Lucie Blvd Parallel WM Addition $679,000 FPUAlDA *
2027 20-35 Picos Road WM Improvements $168,000 FPUAlDA *
2027 20-36 Jenkins Road Parallel Water Main Addition $3,679,200 FPUAlDA*
2027 20-37 Floyd Johnson Road WM Improvements $681,000 FPUAlDA *
Total FPUA Water System 20.Year CIP: $10,323,200
WATER RECLAMATION FACILITIES
5.YR CIP
St. Lucie County Utilities Wastewater System
5- Year Capital Improvements Projects
CIP Project Project Project Estimated Funding
Number Cost
2011 300 North County Force Mains $600,000 Developer
Agreements
2011 3602-2 North County Lift Stations $260,000 Developer
Agreements
2007 3642 US 1 Force Main $1,800,000 Connection
Fees/Loan
2010 3636 North Hutchinson Island WWTP Expansion $5,100,000 C. F.lSRF
Loan
2010 3602-3 North Hutchinson Island Lift Stations $330,000 Developer
Agreements
2010 3639 North Hutchinson Island Force Mains $1,400,000 C.F.lDev.
Agreements
Total St. Lucie County Utilities Wastewater System 5.Year CIP: $9,490,000
FPUA Wastewater System
5-Year Capital Improvements Projects
7
Remedial Amendments for 06-0 I, Docket No. 06-I-NOJ-560 I-(A)-(N)
April 6, 2007
CIP Project Project Project Estimated Funding
Number Cost
2011 5-1 Orange Avenue FM Improvements $972,000 Capital
Budqet
2011 5-2 Rock Road FM Improvements $151,200 Capital
Budaet
2011 5-3 Jenkins Road FM Improvements (North) $226,800 SRF/CIC
2011 5-4 Moore's Creek FM Improvements $2,376,000 Capital
Budqet
2011 5-5 Jenkins Road FM Improvements $4,924,800 SRF/CIC
2011 5-6 Peterson Road FM Improvements $388,800 Capital
Budaet
2011 5-7 Glades Cut-off Road FM Improvements $172,800 Capital
Budqet
2011 5-8 Prosperity Drive FM Improvements $388,800 Capital
Budqet
2011 5-9 Selvitz Road and Edwards Road FM Improvements $1,749,600 SRF/Cap
Budqet
2011 5-10 25th Street FM Improvements $145,800 CIC/Wrk.
Capital
2011 5-11 Industrial Avenue 3 FM Improvements $151,200 Capital
Budqet
2011 5-12 St. Lucie Blvd. FM Improvements $21,600 Capital
Budaet
2011 5-13 US-1 FM Improvements $1,209,600 Capital
Budqet
2011 5-14 Seaway Drive FM Improvements $864,000 Capital
Budqet
2011 5-40 S Jenkins Avenue Master Repump Station $500,000 SRF/CIC
2011 5-41 Lift Station 41 Upgrade $50,000 Rates/Wrk
Capital
2011 5-42 Lift Station E (Repump) Upgrade $50,000 Rates/Wrk
Capital
2011 5-43 Lift Station 2 Upgrade $50,000 Rates/Wrk
Capital
2011 5-44 Lift Station 1 Upgrade $50,000 Rates/Wrk
Capital
2011 5-45 Lift Station 46 Upgrade $50,000 Rates/Wrk
Capital
2011 5-46 Lift Station F (Repump) Upgrade $50,000 Rates/Wrk
Capital
2011 5-47 Lift Station G (Repump) Upgrade $50,000 Rates/Wrk
Capital
Total FPUA Wastewater System 5-Year CIP: $14,593,000
8
Remedial Amendments for 06-01, Docket No. 06-I-NOI-5601-(A)-(N)
April 6, 2007
WATER RECLAMATION FACILITIES
10-YR CIP
St. Lucie County Utilities Wastewater System
10-Year CaDitallmprovements Proiects
2013 PS4-1 Construct Lakewood Park WWTP Pump Station $260,000 County/DA *
2013 TA.3 Indrio Road 16" FM west from Turnpike Feeder Rd. to $827,000 County/DA *
Johnston Rd.
2017 TAA Indrio Road 16" FM west from Johnston Rd. to 1-95 $213,000 County/DA *
Interchanae
2017 WW4-3 Construct North County Regional WWTP 1.5-3 mgd $8,900,000 County/DA*
2017 TD.1 Construct Trunk System (16" FM) from regional $443,000 County/DA *
WWTP
2019 PS7-2 Construct Pump Station 7-2 $260,000 County/DA*
2015 TH.1-2 Johnston Road Corridor FM Improvements $443,000 County/DA*
Total St. Lucie County Utilities Wastewater System 10.Year CIP: $1,134,600
FPUA Wastewater System
10-Year Capital Improvements Projects
2017 10-15 Rock Road Force Main (FM) Improvements $338,800 FPUAlDA *
2017 10- 16 Graham Road FM Improvements $550,800 FPUA/DA *
2017 10-17 Jenkins and Keen Road FM Improvements $1,231,200 FPUA/DA *
2017 10-18 Future Development on Jenkins Road FM $194,400 FPUAlDA *
2017 10-19 Selvitz Road FM Improvements $151,200 FPUAlDA *
2017 10-21 Midway Road and Oleander Avenue FM Improvements $1,576,800 FPUA/DA *
2017 10-48 Lift Station "49" Upgrade $50,000 FPUAlDA *
Total FPUA Wastewater System 10.Year CIP: $4,093,200
WATER RECLAMATION FACILITIES
20- YR CIP
St. Lucie County Utilities Wastewater System
20-Year Capital Improvements Projects
2027 FA.2 Indrio Road to US-116" FM. $532,000 County/DA*
2027 PS8-1 Construct Pump Station 8-1 $290,000 County/DA*
2027 FF.1 Dixie Highway FM north from Indrio Road to Harbor $188,000 County/DA *
Branch Institute
Total St. Lucie County Utilities Wastewater System 20-Year CIP: $1,010,000
9
Remedial Amendments for 06-01, Docket No. 06-I-NOI-5601-(A)-(N)
April 6, 2007
FPUA Wastewater System
20- Year Capital Improvements Projects
2027 20-22 Florida Turnpike FM Improvements $712,800 FPUA/DA *
2027 20-23 Angle Road FM Improvements $216,000 FPUAlDA*
2027 20-24 Immokalee Road/St. Lucie Blvd FM Improvements $1,134,000 FPUAlDA *
2027 20-25 San Diego Avenue FM Improvements $259,200 FPUAlDA *
2027 20-26 North 35th Street FM Improvements $86,400 FPUAlDA *
2027 20-27 Rock Road Parallel FM Addition $291,600 FPUAlDA *
2027 20-28 Orange Avenue Parallel 20" FM Addition $864,000 FPUA/DA *
2027 20-29 Jenkins Avenue Parallel 20" FM $864,000 FPUA/DA *
2027 20-30 Jenkins Road Parallel 24" FM Addition $3,412,800 FPUA/DA *
2027 20-31 Peters Road FM Improvements $184,000 FPUAlDA *
2027 20-32 US-1 Parallel 18" FM Addition $1,085,400 FPUAlDA *
2027 20-33 Edwards Road FM Improvements $403,000 FPUA/DA *
2027 20-34 Edwards Avenue Parallel 20" FM Addition $972,000 FPUA/DA *
2027 20-35 Selvitz Road Parallel 24" FM Addition $1,425,000 FPUA/DA *
2027 20-36 Prosperity Drive Parallel 30" FM Addition $702,000 FPUA/DA *
2027 20-37 Selvitz Road Parallel 8" FM Addition $79,200 FPUA/DA *
2027 20-38 Midway Road FM Improvements $1,004,400 FPUAlDA *
2027 20-39 Gator Trace Preserve FM Improvements $388,800 FPUA/DA *
2027 20-49 Lift Station "41" Upgrade $50,000 FPUA/DA *
2027 20-50 US-1 Master Repump Station Improvements $500,000 FPUA/DA *
2027 20-51 Lift Station "5" Upgrade $50,000 FPUAlDA *
2027 20-52 Lift Station "61" Upgrade $50,000 FPUAlDA *
2027 20-53 Lift Station "60" Upgrade $50,000 FPUAlDA*
2027 20-54 Lift Station "62" Upgrade $50,000 FPUAlDA *
2027 20-55 Lift Station "66" Upgrade $50,000 FPUA/DA *
Total FPUA Wastewater System 20.Year CIP: $14,884,600
* FPUA's Capital BudGet is funded by Capital Improvement CharGes (CIC), Contribution in Aid (CIA), State RevolvinG Fund
Loans (SRF), Grants, WorkinG Capital. and Developer AGreements (DA). Fundinq sources may be supplemented by the
financinG tools and strateGies outlined in Policy 3.1.9.16.
10
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Remedial Amendments for 06-01, Docket No. 06-I-NOI-560 I-(A)-(N)
April 6, 2007
Proposed Transportation Amendments to TVC Element
[Proposed changes are indicated by strikethrough for deleted text and underline for added text.]
Policy 3,1.9.16: Financine: Tools and Stratee:ies SlJeeial ,A..ssessment Distriet. Within 12 months
from the effective date of this policy, the County shall create a special taxing district and/or a
municipal services taxing or benefit unit (MSTU/MSBU) to fund capital improvement programs
within the NSLC SAP to the extent necessary beyond developer contributions in the form of impact
fees, proportionate fair share contributions, and other developer agreements. The potential for tffis
assessment shall be fully disclosed. The geographic boundaries of such special district and/or
MSTU/MSBU shall encompass not less than the entire area subiect to the TVC land use designation
as of the effective date of this policy; provided that such special district and/or MSTU/MSBU may
establish sub-districts as authorized by law. Such special district and/or MSTU/MSBU shall not
levy an assessment for the capital cost of a transportation improvement against any development
that has paid its proportionate fair-share contribution toward the same improvement pursuant to
Section 163.3180(12) or 163.3180(16), Florida Statutes; provided, however, that such development
may be assessed for maintenance of such improvements or pursuant to the agreement of the
owner(s) of such development. Development that contributes an amount in excess of the
proportionate share or proportionate fair share amount toward transportation improvements not
specifically identified for funding in the 5- Year Capital Improvements Schedule shall be reimbursed
for such excess amount as provided in the County's land development code. For long-range
transportation improvements and for acquiring links in the Flow Way System and Countryside
components, the County shall use a variety of financing tools and strategies, as necessary and
appropriate, to supplement such contributions from developers and the revenues produced by the
special taxing district and/or MSTU/MSBU. The obiective of the County is to achieve fiscal
neutrality. Policy 3.1.9.18 and Table 11-12A identifY funding for the five-year capital
improvements schedule for transportation facilities within the NSLC SAP. The County may
consider the establishment of special assessment districts vdthin Special '^Lrea Plans in order to
provide appropriate funding mechanisms for the regional transportation system, including links in
the Flow Way System and Countryside component. The special assessment district would be
required to be integrated and coordinated through the Capital Improvements Program and may build
on existing systems and strengthen existing partnerships.
Policy 3.1.9.17: Transportation Concurrency. Transportation infrastructure shall be in place or
committed through an appropriate capital improvements program and scheduled to be in place
within three years from the approval of the building permit or its functional equivalent that results
in traffic generation. The Capital Improvements Element shall specify the timeframe and
responsible party, whether the County, developer, or otherwise, for funding of such transportation
infrastructure. However, a proiect that meets the requirements of the TVC Element may, as
required by Section 163 .3180( 16), Florida Statutes, for transportation facilities or facility segments
specifically identified for funding in the 5-year schedule of capital improvements in the Capital
Improvements Element, choose to satisfy transportation concurrency requirements by contributing
or paying proportionate fair-share mitigation. For transportation facilities or facility segments not
specifically identified for funding in the 5-year schedule of capital improvements, the County may
at its discretion accept proportionate share or proportionate fair-share mitigation to satisfy
transportation concurrency as authorized in Section 163.3180(12) and Section 163.3180(16),
Florida Statutes. In all cases, mitigation for development impacts to facilities on the Strategic
Intermodal System made pursuant to Section 163 .3180( 16) shall require the concurrence of the
12
Remedial Amendments for 06-01, Docket No. 06-I-NOI-560 I-(A)-(N)
April 6, 2007
Florida Department of Transportation. Any development or development phase that has satisfied
transportation concurrency by paying or contributing a proportionate share or proportionate fair
share pursuant to this policy, computed in accordance with Section 163.3180(12)(e), F.S., shall be
deemed to have fully mitigated its impacts on transportation facilities. The County shall adopt an
ordinance containing the methodology for assessing proportionate fair share mitigation options. At
a minimum, such ordinance shall be consistent with the requirements of Sections 162.3180(12) and
163.3 I 80(16), Florida Statutes. :\n approved project that meets the requirements of the TVC
Element may, at the discretion of the County Commissioners, satisfy transportation concurrency by
paying to St. Lucie County a proportionate fair share contribution, provided sufficient funds are
available to pay for one or more improvements that will benefit the North S1. Lucie County future
Street Netv.ork. The proportionate fair share shall be calculated in accordance with the
methodology adopted by St. Lucie County. By December I, 2006, the County shall adopt an
ordinance containing the methodology for assessing proportionate fair share mitigatiofl optiOflS. f.t
a minimum this methodology shall be consistent 'Nith requirements of section 163.3 I 80(12) or (16).
Policv 3,1.9.18: Fundin!! Transportation Facility Improvements. Table 11-12A is a fiscal
analysis that shows the committed funding sources (first three years) and planned funding sources
(years four and five) for the estimated cost of transportation capital improvements included in the
five-year transportation improvements schedule for the NSLC SAP, pursuant to Policy I 1.1. I .30.
Proiects scheduled in years one through three include only state-federal roadway improvements and
are scheduled for funding by the Florida Department of Transportation. Table I I - I 2A shows the
amount of developer contributions, in the form of impact fees and/or proportionate fair-share
contributions proiected to be available for transportation improvements based on general market
demand analysis. Within 12 months from the effective date of this policy, the County shall create a
dependent special taxing district and/or a municipal services taxing or benefit unit (MSTUIMSBU)
within the NSLC SAP. The geographic boundaries of such special district and/or MSTUIMSBU
shall encompass not less than the entire area subject to the TVC land use designation as of the
effective date of this policy; provided that such special district and/or MSTU/MSBU may establish
sub-districts as authorized by law. The ability of the special taxing district and the MSTU to levy
taxes and lor special assessments will exceed the anticipated funding requirements, beyond
developer contributions, for transportation improvements in years four and five of the five-year
capital improvements schedule (Table 11- I 2A). The potential for assessment shall be fully
disclosed. The Board of County Commissioners has full authoritv to establish independent
community development districts pursuant to Chapter 190, Florida Statutes, as well dependent
special districts and/or municipal taxing or benefit units (MSTUIMSBUs) without referendum or
legislative approval, pursuant to Sections 125.01(l)(q) and 189.4041, Florida Statutes.
Transportation improvements funded or constructed by such special district and/or MSTUIMSBU
shall be consistent with the master transportation plan developed pursuant to Policy 3.1.9.23. Until
such special district and/or MSTU/MSBU is formed, the County shall issue development orders to
permit construction of not more than 1500 residential units and 80,000 square feet of commercial
uses within the TVC area of the NSLC SAP, unless (1 ) a community development district or other
special district, specific to a proposed development, is formed to fund and build the infrastructure
necessarv to maintain adopted level of service standards with the impacts of the proposed
development, or (2) proportionate fair-share contributions are received by the County, or (3)
funding is secured through enforceable developer agreements adequate to fund such necessary
infrastructure are received by the County.
13
Remedial Amendments for 06-0 I, Docket No. 06-I-NOI-560 I-(A)-(N)
April 6, 2007
Policy 3.1.9.19: Transportation Plannin!! Maps. The Metropolitan Planning Organization
(MPO) long range transportation planning maps have been amended to reflect the transportation
network identified on the North St. Lucie County Future Street Network Map (Figure 3-15). After
adoption of Special Area Plans, St. Lucie County will support amendments to the MPO long range
planning maps at the next opportunity to reflect future transportation networks.
Policy 3,1.9,20: Internal Capture Rate. Using mixed-use planning and compact urban form,
including commercial, office, industrial and institutional uses, contemplated herein, the internal
capture rate OCR) for vehicular trips should be maximized. Analysis of transportation impacts will
assume a 36.3% ICR, subject to adjustment upward or downward in the local development review
process, and will therefore provide an evaluation of which off-site transportation improvements are
required under this scenario.
Policy 3,1.9.21: Monitorin!! Transportation Impacts. Within two years of adoption of the TVC
Element, the County working in coni unction with the Treasure Coast Regional Planning Council
and Florida Department of Transportation, will establish a methodology and monitoring program to
track and evaluate internal trip capture within the TVC area, capacity on the internal TVC network,
and impacts to 1-95 and Indrio Road (SR-614). This program is intended both to document
transportation impacts as development in the TVC area proceeds and to help ensure timely
scheduling, funding and provisions of transportation improvements.
Policy 3.1.9.22: Jobs to Housin!! Ratio. The number of iobs per household within the North St.
Lucie County Special Area Plan shall exceed the regional average ratio. Within two years of
adoption of the TVC Element, the County working in conjunction with Treasure Coast Regional
Planning Council and Florida Department of Transportation, will establish a methodology and
monitoring program to document, at set intervals, that development within the plan area is yielding
this result,
Policy 3.1.9.23: Master Transportation Plan: Within two years from the effective date of this
policy, the County will establish a master transportation plan to direct funding for and to prioritize
building roadways identified in the Future Street Network (Figure 3-15) and other necessary
transportation improvements for the TVC area. The plan shall be evaluated annually to ensure
coordination with improvements planned within the County, within Indian River County, by the
Metropolitan Planning Organization, by the Florida Department of Transportation and by the
Turnpike Authority.
*
*
*
*
*
*
*
14
Remedial Amendments for 06-0 I, Docket No. 06-I-NOI-560 I-(A)-(N)
April 6, 2007
Proposed Transportation Amendments to Capital Improvements Element
[Proposed changes are indicated by strikethrough for deleted text and underline for added text.]
Policv 11.1.1.29 Table 11-11 identifies projected improvements necessary for long-term
transportation needs at full build-out in the North St. Lucie County Special Area Plan. The North St.
Lucie County (NSLC) Special Area Plan (SAP) does not authorize approval of specific
development plans or proposals. Development plans or proposals may be approved within the
NSLC SAP area if the transportation improvements necessary to comply with this plan are
supported by an executed proportionate fair-share agreement, Developer Agreement, Interlocal
Agreement or other financing source including one or more of the financing tools and strategies
outlined in Policy 3.1.9.16 guaranteeing adequate funding for the improvements. The necessary
improvement proiects shall be added to the 5- Year Transportation Capital Improvements Schedule
(Table 11-12) and/or the Long-Term Transportation Capital Improvements Program (Table 11-13)
at the next regularly scheduled Comprehensive Plan amendment cycle or CIE update. The amended
Capital Improvement Element shall specify the responsible partv, whether County, developer or
otherwise, for funding the necessary public facilities and is subject to adjustment through the
County's final site plan approval process and state and federal permitting processes, to the extent
such adiustment meets the Obiectives and Policies of the TVC.
IS
Remedial Amendments for 06-0], Docket No. 06- ]-NOI-560] -(A)-(N)
April 6, 2007
Table 11-11
Lonl!- Term Transportation Improvements Schedule
North St. Lucie County Special Area Plan
Existing + Committed Year 2030*
Roadway / Segment Network Minimum
Number of Lanes Number of Lanes
Interstate 95
Indian River County Line to SR 6] 4 (Indrio Road) 6 6
SR 614 (Indrio Road) to SR 68 (Orange Avenue) 6 6
CR 603 (Johnston Road)
25th St. SW to SR 614 (Indrio Road) 2 4
SR 614 (Indrio Road) to Immokolee Road 2 4
CR 607 (Emerson Avenue)
25th St. S W to SR 614 (I ndrio Road) 2 2
SR 614 (Indrio Road) to W Angle Road 2 2
SR 713 (Turnpike Feeder RdlKings Hwy)
US I to SR 614 (Indrio Road) 2 4
SR 614 (Indrio Road) to CR 608 (St. Lucie Blvd.) 2 4
CR 608 (St. Lucie Blvd.) to W. Angle Road 2 4
SR 614 (Indrio Road)
1-95 to CR 603 (Johnston Road) 2 4
CR 603 (Johnston Road) to CR 607 (Emerson A venue) 2 4
CR 607 (Emerson Avenue to SR 713 (N. Kings Hwy) 2 2
SR 7] 3 (N. Kings Hwy) to US 1 2 2
Immokolee Road
Emerson Avenue to SR 713 (N Kings Hwy) 2 4
SR 608 (St. Lucie Boulevard)
SR 713 (N Kings Hwy) to CR 611 (Keen Rd) 2 4
* Based on maximum build-out identified in Table 3-1 of the TVC Element.
Policv 11.1.1.30 Tables 11-12 and 11-13 identify the presently-estimated cost, schedule and proposed
funding sources for transportation improvements in the North St. Lucie County (NSLC) Special Area
Plan (SAP), based on general market demand analysis, to maintain promulgated level of service
standards. The NSLC SAP includes a large, mostly undeveloped geographic area and does not authorize
approval of specific development plans or proposals. Presently, no developments of town or village
scale are approved in the area. The County will amend these schedules and related fiscal assessment
annually pursuant to law based on the pace and extent of actual approved development orders in the area
as well as any changes to the estimated cost or funding sources. Committed and Planned revenue
sources are shown in Table 11-12A.
16
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Figure 3-15
NORTH ST. LUCIE COUNTY FUTURE STREET NETWORK PLAN - 2030
..
::'The map identifies the approximate location,' type and scale of the proposed street n~twork of the future
transportation network. The intent of this map is to show the general vicinity of major roads and inter-
sections. These locations are not precisely site specific. The proposed street network supports the trans-
portation concurrency strategy for the overall area. Not providing for this network will require a review
of the overall transportation network and concurrency strategy for the TVC area.
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erson Ave.
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Comprehensive Plan
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19
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- Proposed 4-1ane roads
Proposed by 2050
TVC Element
March 8,2007
Remedial Amendments for 06-01, Docket No. 06-I-NOI-560 I-(A)-(N)
April 6, 2007
*
*
*
*
*
*
*
Proposed Workforce Housing Changes to TVC Element
[Proposed changes are indicated by strikethrough for deleted text and underline for added text.]
Policy 3,1.4.8: Workforce Housinl! Qualification. Workforce housing shall be sold or rented
only to qualified households as defined by St. Lucie County's Division of Community Services,
Housing Department in accordance with the criteria utilized in the County's State Housing Initiative
Partnership (SHIP) program or Community Development Block Grant (CDBG).
Policv 3,1.4,9: Workforce Housinl! Affordabilitv. The affordability of workforce housing shall
be maintained for a period of at least 25 years utilizing documents. such as deed restrictions,
recorded in the public records of St. Lucie County describing the affordability requirements for each
workforce unit.
20