HomeMy WebLinkAbout2008-001 New Horizons of the Treasure Coast. ~
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RIF 08-001
Associated with SLC Project Number: SPMJ 120081381.
A ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST.
LUCIE COUNTY, FLORIDA AND NEW HORIZONS OF THE
TREASURE COAST, INC., IN CONSIDERATION FOR THE
CONVEYANCE OF A PORTION OF RIGHT OF WAY FOR
THE FUTURE WIDENING OF WEST MIDWAY ROAD, IN
UNINCORPORATED ST. LUCIE COUNTY.
THIS AGREEMENT is made and entered into as of this 10th day of June, 2008, by and between ST.
LUCIE COUNTY, FLORIDA, a politicai subdivision of the State of Florida, hereinafter referred to as "St.
Lucie County" and NEW HORIZONS OF THE TREASURE COAST, INC., a Florida Non-Profit
Corporation, hereinafter referred to as "New Horizons."
WITNESSETH
WHEREAS, "New Horizons" owns certain real property located along the north side of West Midway
Road, west of Selvitz Road, that has been identified by St. Lucie County as being needed for the
future widening of West Midway Road; and,
WHEREAS, On August 21, 2001, "New Horizons" received approval, through Resolution 01-126, for
a Conditional Use Permit authorizing the operation of a mental heath facility in the Institutional Zoning
District, subject to certain limiting conditions (refer to Exhibit C); and,
WHEREAS, "New Horizons" has submitted an application for a Major Adjustment to an existing
Conditional Use to permit the development of a new Children's Crisis Unit at the existing New
Horizons facility along West Midway Road, on property described in the attached Exhibit "A," and,
WHEREAS, Condition Number 2 of Resolution 01-126, requires that before additional buildings or
other site modifications are made to the property described in Exhibit "A" are approved by the County,
"New Horizons" of the Treasure Coast is to convey to the County the south 40 feet of the parcel
described in Exhibit "A" below, for future road right-of-way purposes of West Midway Road; and,
WHEREAS, St. Lucie County has adopted a"Roads Impact Fee Ordinance" which imposes impact
.
fees relating to public transportation facilities; and,
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3307353 02/Obl2009 at 08:58 AM
OR BOOK 3057 PAGE 1090 - 1105 Doc Type: AGR
RECORDING: $137.50
Roadlmpact Fee Credit-June 10, 2008
Fina
RIF 08-001 I
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WHEREAS, Section 1-17-33.1(c) of the Code of Ordinances of St. Lucie County provides for credits
for the provision of non-site related right-of-way dedications on those roadways that are a part of the
County's Roads Impact Fee Eligibility network; and,
WHEREAS, West Midway Road is part of St. Lucie County's Roads Impact Fee Eligibility network;
and,
WHEREAS, This Board does hereby determine that the right-of-way dedication is a non-site related
right-of-way dedication and that it is to the benefit of the County and public at large; and,
WHEREAS, based on the provisions of Section 1-17-33:1(c) of the Code of Ordinances of St. Lucie
County, the value of the dedicated right-of-way for the future widening of West Midway Road, is
computed as follows:
New Horizons of the Treasure Coast, Inc.
Impact Fee Credit Computation Table
General Parent Parcel Data
Parcel ID
Assessed Value (2007)
Parcel Size
Assessed value/ acre
Assessed value/ sf
3406-501-0020-000/9
$ 593,400 (land only)
9.05 acres
394,392 square feet
$ 65,540
$ 1.50
West Midway Road ROW 13,068 sf 0.3 ac
area of conveyance
value of conveyance $ 23,594
(at 120% value computation)
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WHEREAS, "New Horizons" and "St. Lucie County" are desirous of establishing the amount of credit
that "New Horizons" shall be entitled to for the value of the dedicated right-of-way for the fufiure
widening of West Midway Road; and,
WHEREAS, based upon the provisions of Section 1-17-33.1(b) (3) of the code of ordinances of St.
Lucie County, no credit shall exceed the amount due for the road impact fee; and,
Road Impact Fee Credit - June 10, 2008
Final
RIF 08-001
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NOW, THEREFORE, in consideration of the mutual covenants entered into be to be made and
performed, and in consideration of the benefits to accrue to agreed as follows:
Section 1 Incorporation by Reference.
The above recitals are true and correct and made a part of this Agreement by reference.
Section 2 Amount of Credit.
"New Horizons" is entitled to a credit against Road Impact Fees in the amount of Twenty Three
Thousand, Five Hundred and Ninety Four ($ 23,594 ) dollars under the criteria set forth in Section 1-
17-33.1(c)(6) of the Code of Ordinances of St Lucie County for the dedication of certain right-of-way
associated with the expansion of West Midway Road.
Section 3 Limitation of Credit.
The credit established by this Agreement is limited solely to the property legally described in the
attached Exhibit "A", and is not transferable to any other property owned by "New Horizons" in St.
Lucie County. The credit may only be applied against Road Impact Fees and shall not be
transferable as a credit against other impact fees imposed for purposes other than roads.
The credit established by this Agreement represents the maximum values associated with the
dedication of certain right-of-way associated with the expansion of West Midway Road. This credit
may be drawn down through the issuance of any one, or more, building permit(s) requiring the
payment of a Road Impact Fee, up to the value of the credit. In the event that any application for
building permit results in a Road Impact Fee in excess of the cited credit value, the applicant for said
building permit shall be responsible for any fees due above the original or remainder credit value.
Section 4 Assignability of Credit.
"New Horizons" may assign all or part of the credit described in Section 2 above to its successors in
title and interest to the property described in Section 3 above. Such assignment shall be by
recordable written instrument. Before the assignment is effective, a copy of the assignment shall be
provided by "New Horizons" to St. Lucie County, at the address set forth below and the original
assignment shall be recorded in the public records of St. Lucie County:
Road Impact Fee Credit - June 10, 2008
Final
RIF 08-001
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County Administrator
2300 Virginia Avenue
Fort Pierce, Florida 34982
with copy to:
County Attorney
2300 Virginia Avenue
Ft. Pierce, Florida 34982
Section 5 Recordability of Agreement.
This Agreement shall be recorded by "St. Lucie County" in the public records of St. Lucie County,
and shall be binding upon "New Horizons" and any successors in interest and title to the property
described in Section 3 above.
Section 6 Termination of Agreement.
This agreement shall be effective until all of the Road impact Fee credits authorized under Section 3
have been consumed through the issuance of a building permit, or similar development approval.
IN WITNESS WHEREOF, the parties hereto have executed this of the day and year first above
written.
Signed, sealed and delivered in the presence of:
~~ ~"~rt F~;ti ~° ard of County Commissioners
Attest: ~w~; r~~~ ~r ~~ rs'~ ~'',~~ Lucie County, Florida
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UTY CLERK * ~: ~~ .:i~A~ ,~.~~ s,~. -~, f (~ CHAIRMA
ve s to Form and C ectness:
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COUNT ATT N
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Road Impact Fee Credit - June 10, 2008
Final
RIF OS-001
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FOR: NEW HORIZONS OF THE TREASURE COAST, INC.,
BY: ~ , Cda~`~~
BY: ~~~~~ ~ ~~'~~ /~~~
Name:
Title: ~~
*********~***,~~****~~***~~******,~~*~*****~,~
ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF
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BEFORE ME, the undersigned authority personally appeare ~. and is authorized to
sign and execute the above Agreement and that the repr entations above stated are true and
correct to the best of his knowledge, information, and belief.
SWORN TO AND SUBSCRIBED before me this ~~~~ day of , 20~.
~~~~~ '~
Notary Public
State of orida at Large
My Commission Expires: ,,a1`~°'~~~~ Nancy Swanson
:k :; Commission # DD408424
'~a'~. .~,`~ Expires May 1, 2~9
~' iP„~. ~`~ ea~dearroyFau~-~nwranr.e~xw, eoo~3es~7ota
Road Impact Fee Credit-June 10, 2008
Final
RIF OS-001
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EXHIBIT A
Legal Description
LOT 13 OF THE NORTHEAST ONE-QUARTER OF, MODEL
LAND COMPANY'S SUBDIVISION OF SECTION 6,
TOWNSHIP 36, RANGE 40 EAST, ACCORDING TO THE MAP
OR PLAT THEREOF AS RECORDED IN PLAT BOOK 4,
PAGE 34, PUBLIC RECORDS OF ST. LUCIE COUNTY,
FLORIDA; EXCEPTING THEREFROM, ALL RIGHTS OF WAY
FOR DRAINAGE CANALS AND PUBLIC ROADS.
Parcel ID Number: 3406-501-0020-000/9
Road Impact Fee Credit - June 10, 2008
Final
RIF 08-001
Page 6
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EXHIBIT B
Project Location Map
FPUAJFRIPA
POUtlER
GENERATION SITE-
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Ft. Plerce
0 Main
Post
'~ office~. . St I.ucie Ca.
a ~ShaiRsD~t
~est Midway Road ~`;;~
r:;,.-~ ~ ~ ,~,%~~.~~~ ~,E:s~~. ~~~<
Legend
~ City Limits
New Horizons of Foft Pie~Ce
the Treasure Coast
9 Port St. Lucie
~t~~~';'~:i s
Nev~r Horizons of ~
~~
the Treasure Coast
Road Impact Fee Credit-June 10, 2008
Final
RIF 08-001
Page 7
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EXHIBIT C
Resolution 01-126,
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Road Impact Fee Credit-June 10, 2008
Final
RIF 08-001
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RESOLUTION Q1-126
FILE NO.: CU-01-003/CU-99-009
A RESOLUTION FOR A COl~DITIONAL USE
PERIUIlT TO ALLOW MENTAL HEALTH
FAClLlTIES (MEDICAL AND OTHER HEALTH
SERVlCES) !N THE I (INSTITUTIONAL) ZONING
~lSTRICT FOR PROPERTY LOCATED IN ST.
LUCIE COUNTY, FLORIDA.
WHE EAS, the Board of Gounty Commissioners of St. Lucie Gounty, Florida, based on the
testim ny antl evidence, including; but rtot limited to the staff repvrt, has made the follawing ,
dete inations:
1. New Horizans of the Treasure Coast, presented a petitton for a Conditiona!
Use Permit to a11ow for an expansion of the existing administrative office
operationsforthe New Horizons mentai health facilities (medical andother
heaith services) in the I(Institu~iona!) Zoning 6istrict far the property
described in Part 8 6elow:
2, On Ju1y 26, 2001, the St. Lucie County Planning and Zoning Comrnission ~-n ~.,
held a public hearing ort the petition, afterpu~lishing no#ice at least 10 days Q~ z
priorto the hearing and not~fying by maii all owners of propertywithin 500feet ~
?
of the subject property, and recommended that the Board of Caunty_ ~,
~,, ~ a
Commissioners approvethe hereinafterdescribect requestfora Conditional ~ ro ~
Use Permit in the !(Institutional) Zoning Districtforthe properry described in ~•~ ~
Part B below. ~
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3. On August 21, 2001, this Board held a public hearing on the peti#ian, after a~
publishing a notice of such heaeing and no#ifying by mai! all owners of ~
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property within 500 feet of the subject property. ~ o~'s
-.~
4. The proposed Condifional Use is consistent with the goais, objectives; and o~
policiesof the St. Lucie County Gomprehensive P(an and has satisfied the ~-+
requirements of Section 1 i.07.03 of ttte St. Lucie Gounty Land Development ~~
Code. ~ ~
5. The proposed project wiil not have an undue adverse effect on adjacent mc
°
property, the characterof the neighborhood, trafFic condi#ions, parldng, utility ~
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facilities, or other matters affecting the public health, safety and general ~,,
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welfare. ,
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File N: CU-Oi-004 Resotution 01-126
August2 1,2001 Page1 m
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Road Impact Fee Credik - June 10, 2008 RIF 08-001
Final
Page 9
The proposed project wifl, be senriced by adequate public facilities
and services.
A Certificate of' Capacity, a copy of which is attached to this
resolution, was granted bythe CommunityDevelopment Directoron
August 21, 20d1.
NOW,
BE IT' RESOLVED by the Board of County Commissioners of St. Lucie
Fiorida:
A. Pursuanf to Section 11.07.03 of the St. Lucie County Lantl Development
Code, a Conditionat Use Permit for New Horizons of the Treasure Goast to
allow far the expansion of certain adminisirative support operations for the
existing New Horizons of the Treasure Coast Mental Health Facilities in the
I(Institutional) Zoning District isgran#ed forthe properlydescribed in Park B
below, subject to the #oilowing condifior-:
i. The use ofi the subject proper[y shaif be limited to office space use only for
the operaUOns of New Harizons of the Treasure Coast.
2. Prior to any Sppi'~cation for any addifionai buildings or other sRe modificalions
on this property, other then interior renovations to the existing home, New
Norizons of the Treasure Coast, its successar and assigns shall convey to
the County, tha south 40 feet of the parGal tlescribed in Part B below, for
future road right-of-way purposes of West Midway Road. AII dedications
shall be in a manner and form acceptabte to the St. Lucia Courrty Attomey.
3. No newor improved driveway connections to Wesf Midway Road shall be
permitted from the properly described in Part S below, until the above
referenced right-of-way dedications have been completed.
4. Prior fo the issuance of any Gertificate of Occupancy or Use Authorization
forthis new administrative o~ce faciliiy, ihe rehabilita#ed home, the chain link
fence iequired under Condition Number 3 of Resolution 95-009, shalf be
retocated to the eastem side of the par~cel described in Part B below.
B. The properry on which this Conditional Use Permit is being granted is
described as follows:
Model Land Company Subdivision of Section 6, Township 36 South, Range 40
East, Lot 13 in the Northeast 1/4, less a Strtp of Land for Road Right-of-way on
the South 63.7 Feet on the West End a~d 54.03 Feet on #he East End, St. Lucie
County, Fiorida.
~raX io#e 3aos-5o1-0020-ooo~s)
File No : CU-01-004
Au9ust 21, 2001
Reso~~tior- o~-12s
Page 2
Road Impact Fee Credit - June 10, 2008
Final
RIF 08-001
Page 10
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$6
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40
{Location: 4500 West Midway Road)
After
C. This Condifional Use Permit approvai shall expire on August 21, 2002,
unless a zoning compliance is obtained or an ejctension is granted m
accordance with Section 11.02.06(B)(3), Sf. Lucie County Land
Development Code.
D. The Conditional Use Permit approval granted under this Resolution is
specifically conditioned to the requirement that the petitioner, New
Horizons of the Treasure Coast, including any successors in interest,
shall obtain all necessary permits and authorizations from the
appropriate Local, State, and Federal regulatary authorities priortothe
issuance of any local building permi#s or authorizations to commence
devefopment activities on the property described in Part B.
E. The Certificate of Capacity, a copy of which is attached to this
resotution, shall remain valid forthe 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) o# the St:
Lucie County Land Development Code, a new certificate of capacity
shall be required.
F. The St. Lucie County Community Development 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 no#ation of reference to the date of adoption of this resolutian.
and secontl, #he vote on this resolution was as foltows:
Chairwoman Frannie Hutchinson AYE
Vice-Chairman Doug, Coward AYE
Cammissioner Paula A. Lewis AYE'
Commissianer John D. Bruhn AYE
Commissioner Cliff Bames AYE
1
Resolution 01-126
Page 3
Road Impact Fee Credit-June 10, 2008
Final
File No~: GU-01-004
August 27, 2001
RIF OB-001
Page 11
St Lucie County
Certificate of Capaeity
Date 10/24/2001 Certificate No. 667
This ocument certifies fhat concurrency will be met and that adequate public facility
capa ity exists to maiatain the standards far Ieveis of service as adopted in the St Lucie
Cou Comprehensive Plan fors
1, Ty e of development CONDITIONAL USE
Nu ber of units' 1 Number of square feet
2. Pr perty legai description ~ Tax ID no.
3406- 01-002Q-000/9 `
4500 ST 11~WAY ROAD
NEW ORIZON OF TI~ TREASURE COAS
3. A~proval; Building ., Resolution No. 01-126 Letter ?or~ao1
4, Su ject to the foilowing condi#ions for concurrency:
~wn rs name
NEW ORIZON OF THE fiREASURE COAST
45U0 ST MIDWAY ROAD
R'T P CE FL 34981
6. Ge i~cate Expiration Date 8/21/2002
This ertificate of Capacity is transfierable oniy to subsequent owners of the same
parc 1, and is subject to #he same #erms, conditions and expiration date listed herein.
The piration date can be extended onfy under the same terrns and conditions as the
unde ying development orderissued with this ce~tificafe, or #or subsequent
deve[ pment order{s) issued for the same property, use and size as described herein.
l ~
Sign ~ ~~ Date:10J2612001
Community Development Director
St Lucie County, Florida
October 26, 2001
Page 1 of 1
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Road Impact Fee Credit-June 10, 2008
Final
RIF 08-001
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!D ANQ DULY ADOPTED "fhis 21~` Day of Augusf 2(30i.
r'"
~, ~
' ~ BOARD OF COUNTI( COMMISSIONERS
-`' ST. LUCIE COUNTY, FLORIDA
.. - . '~ _ .
BY ,
air an
Deputy
File No. CU-01-004
August 1, 2001
Road Impact Fee Credit - June 10, 2008
Final
ApPROVED AS TO FQRM
AND CORRECTNESS:
~~ ~ ~
Couniy A ey
Resolution 01-126
Page 4
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RIF 08-001
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Road Impact Fee Credit-June 10, 2008
Final
EXH I B IT D
Description of
Area of Dedication
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RIF 08-001
Page 14
DESCRIPTION
SEING A PORTION OF LAND LYING IN LOT 13 OF THE NE 1/4 OF MOREL LAND
COMPANY'S SUBDIVISION OF SECTIQN 6 TOWNSHIP 36 SOUTH RANGE 40 EAST
AS RECORDED.IN PLAT BOOK 4 PAGE 34 OF THE PUBLIC RECORDS OF ST.
LUCIE COUNTY, FL.ORIDA AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENGING AT THE SOUTHEAST CORNER OF SAID SECTf4N 6, THENCE
S89'58'10°W ALONG THE SOUTH LINE OF SAID SECTION 6, A DISTANCE OF
990.12 FEET TO A POINT; THENCE DERARTING SAID SOUTH UNE, N00'07'41"W,
A DISTANCE OF 112.53 FEET TO THE POINT OF BEGINNING;
THENCE S89'54'46"W ALONG THE SOUTH LINE OF SAID LOT 13, A DISTANCE
OF 330.02 FEET T0 A POINT ON THE WEST LINE OF SAID lOT 13; THENCE
N00'07'14°W ALONG SAID WEST LINE, A DISTANCE OF 40.OQ FEET; THENCE
N89'54'46°E A DISTANCE OF 330,02 FEET TO A POINT ON THE EAST UNE OF
SAID LOT 13; THENCE S00'07'41"E ALQNG SAID EAST LINE, A DISTANCE OF
40.00 FEET T0 THE POINT OF BEGINNING
CONTAINWG 0.30 ACRES, MORE OR LESS.
~ ~8 Sheet 1 of 2
DESC IPTION F~~B:os-4,2 s&o ~ULPEPPER Sc TERPENING, 1NC
Of R~w DWG. CDNSULTINl3 ENGINEERS ~ LAND~~ SURVEYORS
RIGHT-OF-WAY
Date: 04-07-2008 2980 SOUTH 25th STItEET
FORT PIERCE, FLORIDl~ 34981
Prepared Far PHONE 772-4G43537 FAX 772-4G49497
NEW HORIZONS - PHASE II re~n: RD www•tt-eng.com
STA7II OF FLORiDA CERIYF1CA170N No. LB 4286
Road Impact Fee Credit - June 10, 2008
Final
RIF 08-001
Page 15
SKETCH TO ACCQMPANY
DESCRIPTION
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THIS IS NOT A SURVEY
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Sheet 2 of 2
SKETCH OF DESCRIPTION F~~e:os-4,z S&o, ~~~PEPPER & TERPENiNG, INC
Of. ~ R-W DWG. CONSIILTING ENOINEERS ~ LAND SURYEYORS
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