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HomeMy WebLinkAbout2010-01-05 SL2623 Coastal Telecom Towers Paving Waver BOCC Agenda Packet (Item # VII-C) x~~~ Growth Management Department ~ ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Growth Management Direct Mike Powley, P.E., County Engineer Mph FROM: Linda Pend a ~r ` DATE: January 5, 2010 SUBJECT: Paving waiver request for PJ Development, LLC from the paving requirements of Section 7.05.07 of the St. Lucie County Land Development Code for the access roads (Russakis Road and Russos Road). ITEM NO. VII-C 1`he applicant is requesting a continuance for this item to allow for meetings with the individual Board members to discuss the request for a paving waiver and the fair share contribution. The accompanying Agenda Item VII-B is the application for a Conditional Use Permit to allow the construction and operation of a 130-foot monopole telecommunication tower and wireless communication equipment compound. Staff recommends the public hearing for PJ Development LLC be continued until February 2, 2010 at 6PM or soon thereafter. January 5, 2010 Page 1 of 1 File No.: CU 720081507 Prepared by: Linda Pendarvis Sarah Smith From: Tom Mackiewicz [TMackiewicz@pjdevl.com] Sent: Wednesday, December 30, 2009 9:30 AM To: Linda Pendarvis; Robin Meyer Cc: Sarah Smith; Paul A. Scott Subject: SL2623 Coastal Telecommunication Towers, Continuance request. Importance: High Please find this email as official request for continuance of the scheduled January 5, 2010 Board of County Commission meeting for the above subject project, in order to setup meetings with individual Board members to discuss the request for a paving waiver and the fare share contribution.We also request to continue the joint application for a Conditional Use Permit. Thank you, Tom Tom Mackiewicz PJ Development, LLC tmackiewicz@pjdevl.com O - 772-692-4474 F - 772-692-4475 M -772-201-1852 1 ITEM NO. VII-C _ ~,r,Q~-, . , ~ DATE: 01/05/10 • . . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING (X ) LEG. ( ) QUASI-JD (X ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Linda Pend, arvis, Planner SUBMITTED BY: Growth Management Department Q,c.P,~-~ SUBJECT: Paving waiver request for PJ Development, LLC from the paving requirements of Section 7.05.07 of the St. Lucie County Land Development Code for the access roads (Russakis Road and Russos Road). BACKGROUND: See the attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board adoption of Resolution No.10-003 approving the paving waiver request as outlined in the agenda memorandum. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Coordination/Sienatures County Attorney ( ) County Surveyor ( ) Daniel S. McIntyre Ron Harris County Engineer ( ) ERD ( ) Michael Powley vy~~~ ~~Karen Smith Originating Dept. ( ) Mark Sattertee I I ~ • ~ • I I . • , BOARD OF COUNTY COMMISSIONERS. BOCC Hearing Date: PJ Development, LLC 0 AGENDA ITEM No. January 5, 2010 Waiver from the Paving VII-C Tuesday @ 6:00 PM Requirements for the Access Road GM File Number & CU 720081507 $ Rs-a m AG-1 Applicant PJ Development, LLC rower site CITRiSrPARICBL 7341 Westport Place #A W ~ Rlls II-~ > LAKELAND BLVD West Palm Beach, FL 33413 Z 772-692-4474 W W Property Owner 5~rt Coastal Land Partners, Inc. Ac-~ Z AG-1 Rs-a 1975 Sansburys Way #114 West Palm Beach, FL 33411 a U O Prope?fir Location ~ LL DEL9ND,QV.E Russakis Road 2,800' S. of County line •N ~ Legend N Future Land Use & Zoning ~ ®Leased area A RE (Residential, Estate) ®Parent parcels I\ ~ 500 ft. notification area N AG-1 (Agricultural-1 du/ac) SLCZoning AG-t -Agricultural (t du/ec) RS-0- ResWenfial SMgle Famiy (4 dWac) Previous Acfion Location: East side of Russakis Road, approximately 2,800 feet south of N/A the St. Lucie County and Indian River County boundary line. Staff Recommendation Board adoption of Resolution No. project Description: Notice Requirements: Public hearing 10-003 approving the paving PJ Development, LLC petitioned fora notice was sent to the adjacent property waiver request as outlined in the waiver from the paving requirements of owners within 500 feet of the subject agenda memorandum. Section 7.05.07 of the St. Lucie County property (see map above), published in Land Development Code for the access the local newspaper and posted on the roads (Russakis Road and Russos site. Road) for the Conditional Use Permit for the project to be known as SL2623 Further details are available in the Coastal Telecommunication Tower. The Growth Management Department- tandem proposed Conditional Use Permit Please contact: application which the Board will be asked Subject property ~ ~ ~ . ~ to consider will allow the construction Staff: Linda Pendarvis, Planner _ ~ ai and operation of a 130-foot monopole o, ~ g; \ telecommunication tower and wireless Tel. 772.462.1562 xl w!,~a~e R ! communication equipment compound in ~ , i the AG-1 (Agricultural-1 du/ac) Zoning E-mail pendarvisl@stlucieco.org ~ 9I District. ~I Address: 2300 Virginia Avenue ! .E H $I Background: Fort Pierce, FL 34982 ~ I ~ x ~~sr Lune eaa PJ Development, LLC is leasing eighty- one hundred (90'X90') square feet of Anyone with a disability requiring ac- _ _,~Re ~ ---'~°^'°-AVe land area within a 20 acre parcel fora commodation to attend this meeting x \ wireless communication tower and equip- may contact the SLC Risk Manager at ~~a N ment compound. least 48 hours in advance at ore~e ,A 772.462.1546 or TDD 772.462.1428 ~ ~ ~ Growth Management Department • ~ ~ MEMORANDUM mT"-"~°"""°"`~k&52flL`Yr~*F:ra5~3.uYt:X'~i4LK~2+ #~t:'.:::i TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Growth Management Director~~ Mike Powley, P.E., County Engineer JVIVp FROM: Linda Pendarvis, Planner DATE: January 5, 2010 SUBJECT: Paving waiver request for PJ Development, LLC from the paving requirements of Section 7.05.07 of the St. Lucie County Land Development Code for the access roads (Russakis Road and Russos Road). ITEM NO. VII-C Background: PJ Development, LLC has submitted tandem applications for a Conditional Use Permit (File Number CU720081507) fora 130-foot monopole telecommunication tower and wireless communication equipment compound. The proposed project is located in the AG-1 (Agricultural - 1 du/ac) zoning district. PJ Development, LLC leased eighty-one hundred (90'X90') square feet of land area within a 20 acre parcel for the wireless communication tower and equipment compound. The proposed tower and equipment will be in a 3,900 (65'X60') square foot fenced in area situated within the leased area. The applicant is seeking a waiver from the following provisions of the Land Development Code (Exhibit A). Section 7.05.07 -Paving Requirements for Roads that Access Developments Requiring Site Plan Approval that Utilize Unpaved Public and Private Roads for Access (Exhibit B) Section 7.05.07(8) (2), of the St. Lucie County Land Development Code, states that the paving requirements and provisions shall be waived by the Board of County Commissioners, following a public hearing, if the Board determines: 7. That the road paving is not essential to provide adequate access to the proposed development and through the surrounding area, or 2. That the road will be paved as part of the County's five-year road program or an approved municipal service taxing or benefit unit, or January 5, 2010 Page 1 of 3 File No.: CU 720081507 Prepared by: Linda Pendarvis 3. That the access road does not have adequate right-of way in which to construct the necessary paving improvements in accordance with County standards. Section 7.05.07(8)(2) further states that if paving requirements are waived, the Board may attach conditions deemed necessary to minimize the impacts of the road on the surrounding area including, but not limited to, payment of the development's fair share of the paving cost. The developer shall be required to pay fair share of paving costs for the unpaved public or private road providing access to the development prior to issuance of final record plat approval pursuant to the procedures set out in Section 11.03.00. A Fair Share Analysis dated September 22, 2008 was prepared by Engineering Design & Construction, Inc. (Exhibit C) to determine an equitable means of distributing cost associated with the Russakis Road and Russos Road improvements and determining a fair share cost for the proposed project. The prepared analysis indicated the access route to be from Emerson Avenue, west on Russos Road to Russakis Road and continuing north on Russakis Road to the proposed site. The applicant is requesting that the Board grant relief from the requirements of Section 7.05.07 of the St. Lucie County Land Development Code (LDC), which requires that unpaved access roads to developments requiring site plan approval, be paved to County road design and construction standard specifications. A copy of Section 7.05.07 of the LDC is attached. The County Engineer has determined that the proposed telecommunication tower compound is a small traffic generator as set out in Section 7.05.07. As such, the developer is required to make a fair share contribution of the cost of paving Russakis Road and Russos Road as determined by the Board of County Commissioners prior to site plan approval. The estimated cost to pave Russakis Road and Russos Road from the northern property line of the subject property to Emerson Avenue is approximately $1.507 million. The applicant's estimated Fair Share Contribution calculation for the paving of Russakis Road and Russos Road is $111,684. The calculation is based on information developed by the applicant's engineer and approved by the County Engineer. Pursuant to the Land Development Code, the County Engineer is recommending that the funds be held in escrow by the County for 10 years and only be used for the design and construction of Russakis Road and Russos Road accessing the subject property. Any funds not expended or encumbered by the end of the calendar quarter immediately following ten years from the date the funds were submitted to the County shall, upon application of the fee payer, be returned with interest to be determined based upon the average rate of return to the County for the time the funds were held. Any required submission of escrow funds shall include an escrow agreement acceptable to the County Attorney. Staff has reviewed the request for relief from the provisions of Section 7.05.07 and believes that all situations involving such relief should be looked at on a case-by-case basis. In reviewing the request, the County Engineer supports the waiver request from paving requirements for Russakis Road and Russos Road, conditioned upon the applicant paying the required fair share contribution for the paving of Russakis Road and Russos Road pursuant to Section 7.05.07. January 5, 2010 Page 2 of 3 File No.: CU 720081507 Prepared by: Linda Pendarvis If paving requirements are waived, the Board may attach conditions, as deemed necessary to minimize the impacts of the road on the surrounding area including, but not limited to, payment by the developer of the applicant's fair share of paving costs for the unpaved access road. As such, should the Board grant the requested waiver, staff recommends the following condition: Within 60 days of the approval of the Conditional Use Permit Site Plan, known as SL2623 Coastal Telecommunication Tower and approved under Resolution No. 10- 002, the applicant, PJ Development, LLC, the property owner, his successor or assigns, shall submit a fair share contribution in the amount of $111,684. as approved by the County Engineer. Recommendation: Board adoption of Resolution No. 10-003 approving the paving waiver request as outlined in this agenda memorandum. Attachments: Draft Resolution No. 10-003 Letter requesting waiver LDC Section 7.05.07 Applicant's Engineer Fair Share Analysis January 5, 2010 Page 3 of 3 File No.: CU 720081507 Prepared by: Linda Pendarvis 1 RESOLUTION NO.10-003 2 (File No.: CU 720081507) 3 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 5 OF ST. LUCIE COUNTY GRANTING A WAIVER WITH 6 CONDITIONS FROM THE REQUIREMENTS OF SECTION 7.05.07 7 OF THE LAND DEVELOPMENT CODE REQUIRING PAVED s ACCESS TO NEW DEVELOPMENT 9 10 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, 11 based on the testimony and evidence, including but not limited to the staff report, 12 has made the following determinations: 13 14 1. PJ Development, LLC has applied for a request for a waiver from the 15 requirement of paving the access roads being Russakis Road and Russos 16 Road and paying a fair share contribution pursuant to Section 7.05.07, of the 17 Land Development Code. 18 19 2. PJ Development, LLC has also petitioned for a Conditional Use Permit to 20 allow for the construction and operation of a 130-foot monopole 21 telecommunication tower and wireless communication equipment compound 22 for the project to be known as SL2623 Coastal Telecommunication Tower on 23 20 acres of land located along the east side of Russakis Road, 24 approximately 2,800 feet south of the County line inthe AG-1 (Agricultural -1 25 du/ac) Zoning District. 26 27 3. On January 5, 2010, this Board held a public hearing after publishing a public 28 notice of such hearing in the St. Lucie News Tribune at least 10 days prior to 29 the hearing and notifying by mail all owners of property within 500 feet of the 30 subject property. 31 32 4. In accordance with the provisions of Section 7.05.07 B.4, the applicant is 33 required to provide a fair share contribution toward the cost of paving 34 Russakis Road and Russos Road. 35 36 5. The County Engineer recommends that the Board grant the paving waiver 37 request on condition that the developer contributes a fair share amount to 38 pave Russakis Road and Russos Road. The estimated cost to pave 39 Russakis Road and Russos Road, from the northern property line of the 40 subject property, south and east to Emerson Avenue is $1.507 million. The January 5, 2010 Resolution No. 10-003 Page 1 of 5 File No.: CU: 720081507 1 Engineering Division analysis for the appropriate fair share contribution for 2 the project SL2623 Coastal Telecommunication Tower is $111,684. 3 4 6. The proposed development is a small traffic attractor/generator as defined in 5 Section 7.05.07 B.4.a. of the Land Development Code. The funds shall be 6 held in escrow by the County for ten (10) years to only be used for the design 7 and construction of Russakis Road and Russos Road accessing the 8 development. Any funds not expended or encumbered by the end of the 9 calendar quarter immediately following ten (10) years from the date the funds 10 were submitted to the County shall, upon application of the fee payer, be 11 returned with interest to be determined based upon the average rate of 12 return to the County for the time the funds were held. Any required 13 submission of escrow funds shall include an escrow agreement acceptable 14 to the County Attorney. 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 17 COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: 18 19 A. Pursuant to Section 7.05.07 of the Land Development Code, the requested 20 waiver to pave Russakis Road and Russos Road providing access to the 21 property for the Conditional Use Permit and accompanying site plan for the 22 project to be known as SL2623 Coastal Telecommunication Tower, is hereby 23 granted/denied on the property described as follows: 24 25 THE NORTH 687.06 FEET OF THE NW 1/4 OF THE SE 1/4 OF SECTION 26 3, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, 27 FLORIDA LESS THE WEST 5 FEET AND THE EAST 50 FEET OF THE 28 WEST 60 FEET FOR ROAD AND CANAL RIGHT OF WAY. PARCEL 29 CONTAINS 20. ACRES MORE OR LESS. 30 Property ID#:1303-421-0001-000/3 31 32 (Location: East side of Russakis Road, approximately 2,800 feet south of 33 the St. Lucie County and Indian River County boundary line.) 34 35 B The approval granted herein for the requested waiver is subject to the 36 following conditions: 37 38 1. Within 90 days of the approval of the Conditional Use Permit, 39 known as SL2623 Coastal Telecommunication Tower and 40 approved under Resolution No. 10-002, the applicant, PJ 41 Development, LLC, the property owner, his successor or 42 assigns, shall submit a fair share contribution in the amount of 43 $111,684. as approved by the County Engineer. January 5, 2010 Resolution No. 10-003 Page 2 of 5 File No.: CU: 720081507 1 2. To reduce the financial burden of the calculated Fair Share 2 Contribution the developer may chose to separate the one 3 acre parcel from the 20 acre parent tract and obtain a separate 4 tax identification number for the one acre parcel. This may be 5 accomplished utilizing the following two available options: (1) b lot split; (2) subdivision plat. 7 8 If the developer chooses to divide the property then a revised 9 Fair Share Calculation should be submitted to the County 10 Engineer for his review and approval. 11 12 C. A copy of this Resolution shall be attached to the SL2623 Coastal 13 Telecommunication Tower Conditional Use Permit and site plan drawings 14 date stamped by the Growth Management Department on October 28, 2009, 15 which shall be placed on file with the St. Lucie County Growth Management 16 Director. 17 18 D. The conditions set forth in Part B are an integral non severable part of the 19 paving waiver approval granted by this Resolution. If any condition set forth 20 in Part B is determined to be invalid or unenforceable for any reason and the 21 developer declines to comply voluntarily with that condition, the waiver 22 granted by this Resolution shall become null and void. 23 24 E. The Growth Management Director is hereby authorized and directed to 25 cause the notation of this Resolution to be made on the Official Zoning Map 26 of St. Lucie County, Florida, and to make notation of reference to the date of 27 adoption of this Resolution. 28 29 F. A copy of this resolution shall be mailed, return receipt requested to the 30 property owner and petitioner of record. This Resolution shall be recorded in 31 the Public Records of St. Lucie County. The recording of this Resolution 32 does not authorize the commencement ofany on-site development activities 33 without obtaining such further development permits as may be required. All 34 applicable conditions of approval as set forth above, and all applicable code 35 requirements must be met to the satisfaction of the County before final site 36 construction permits are issued. 37 38 39 40 41 42 43 January 5, 2010 Resolution No. 10-003 Page 3 of 5 File No.: CU: 720081507 1 After motion and second, the vote on this resolution was as follows: 2 3 Charles Grande, Chairman XXX 4 5 Doug Coward, Vice Chairman XXX 6 7 Commissioner Chris Dzadovsky XXX 8 9 Commissioner Paula Lewis XXX 10 11 Commissioner Chris Craft XXX 12 13 14 15 16 17 18 PASSED AND DULY ADOPTED this 5t" day of January, 2010. 19 2Q BOARD OF COUNTY COMMISSIONERS 21 ST. LUCIE COUNTY, FLORIDA 22 23 24 BY 2g Chairman 26 27 28 ATTEST: APPROVED AS TO FORM AND 29 CORRECTNESS: 30 31 32 33 DEPUTY CLERK COUNTY ATTORNEY 34 35 ' 36 37 38 39 40 41 42 43 44 January 5, 2010 Resolution No. 10-003 Page•4 of 5 File No.: CU: 720081507 1 2 3 4 5 6 7 8 9 10 11 12 13 14 EXHIBIT "A" 15 16 • Area subject to waiver from paving 17 requirements of Section 7.05.07 LDC 18 19 20 21 22 23 24 25 January 5, 2010 Resolution No. 10-003 Page 5 of 5 File No.: CU: 720081507 J Y• m / r ~y~~ ~ ~ ~Q Z ~ Z, V• ~ ~ c o ~ ~ ~ v~ ~nb~NOSb~W3 w ~ ~ U 4:. ~ (0 p ~ :i+ CL. ~ ~ ~ V N C ~ _ J a. ~ ~Q~ G1 ~r• N ~ ~ ~ ~ V~~ J ~Q Q ~ r r r r r r r a r r r r r r r r r¦ r r r r r r; r I~ `~i ~ 4 ~ ~ ~ I ~ ~ i • r • r ~ ¦ ~ ¦ ~ ¦ ~ ¦ ~ ¦ ~ ¦ ~ ~ ~ ~ ~ ¦ ¦ ~ ~ L ¦ ¦ m ~ ¦ ¦ 3 ~ ~ ¦ ~ Q ~ ¦ ¦ ~ ¦ ¦ ¦ ¦ ~ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ~ a2l~Sl~It/SSf12i 1 'ON lbNb~ OWM~d~ Qa`SI~bSSfl~l ~ i 4 ~ ?r • r r r r a r r r r r r r r r r r r¦ r r r r r r M M 1 PJ DEVELOPMENT, LLC ~ TREASVRE COAST OFFICE CORPORATE HEADQVARTERs 356 Alicc Avet~~ie 7341 Westpo~~E Place StudE~t, Flc?ric{d 31.996 West Pdlm Beach, Florida 33413 July 15th, 2009 Mrs. Linda A. Pendarvis St Lucie County Growth Management Department 2300 Virginia Avenue Ft Pierce, Florida 34982-5652 Re: Coastal Telecommunications Tower SL2623 Fair Share Property ID 1303-421-0001-000-3 Dear Linda; This letter is confirming our meeting of July 14, 2009 in reference to the "Fair Share" for the subject project. The key points of our discussion were; ? PJ Development has leased Three Thousand 03,000) scj-ft of property on a Twenty 020.15) acre tract. 0877,298 scj-ft) ? The total percentage of development for this project 03,000 sq-ft) relative to the entire tract is 0.341 ? The maximum number of vehicular traffic or trips, once the Telecommunications Towers is fully developed, will be 0.13 trips per day or 4 trips per month. ? This property is serviced by Russakis Road, which is a dirt road; paving of this road is NOT on the Counties 30 year plan. St Lucie County tracks fair share payments by Property ID Number and does not have the ability or method to track fair share payments for leased parcels within larger tracts. PJ Development has contracted with EDC to conduct the Fair Share Analysis. The first ~ one Dated September 22, 2008 used the 3,000 scj-ft [ease parcel as d basis for the Telephone 772-692-4474 ~ Facsimile 772-692-4475 Page 1. of 2 PJ DEVELOPMENT, LLC " ' TREASVRE COAST OFFICE CORPORATE HEADOVARTERS 356 Alice Avenue 7341 Westpoi'E P~dce Stu~~•t, Flc~rid~ 3499b West Palm Beach, Florida 33413 final recommendation. This study recommended the "road frontage" method and a contribution of $ 3,146.00. A second study, performed at the request of St Lucie County, using the entire 20 acre parcel was conducted. This study also recommended using the "road frontage" method at a contribution of $111,684. As we further discussed, it is unlikely Russakis Road will be paved in the next 10 years. Should this be the case, the funds would be returned to P)D with interest. Being forced to pay such an exorbitant amount would prove to be a hardship and would effectively kill this project. Due to the uniqueness of this project, considering the minute traffic impact as well as the size of the project, 03,000 sq-ft, or 0.341 ~ of the parcel) we are requesting one ofthe following; ? St Lucie County waive the fair share contribution ? P1D be allowed to make a fair share contribution based on the initial study date September 22, 2008 of $3,146 Please proceed to move this project through the planning and zoning board and then to the St Lucie County Board of County Commissioners. Sincerely, Pau[ A. Scott Managing Partner Cc: Robin Meyer, Assistant Director of Growth management Michael Powley, County Engineer Ron Harris, County Suweyor Kristin Tetsworth, Planning Manager Current Planning Telephone 772-6924474 W Facsimile 772-692-4475 Page 2 of 2 7.05.00. TRANSPORTATION SYSTEMS -Page 1 of 4 ~.r~r 7.05.07. Provisions for Access to New Development Activities. A. Generally. All new road and street construction, public or private, shall be paved according to standard county specifications. B. Paving Requirements for Roads that Access Developments Requiring Site Plan Approval that Utilize Unpaved Public and Private Roads for Access. The following paving requirements shall apply to developments requiring site plan approval that utilize unpaved public or private roads and roadways for access: 1. Access Roads. Provisions for the paving of unpaved access roads that access the development shall be required as specified below under general requirements. County road design and construction standard specifications shall apply to all paving improvements. 2. Waiver. a. Paving requirements and provisions shall be waived by the Board of County Commissioners, following a public hearing, if the Board determines: (1) That the road paving is not essential to provide adequate access to the proposed development and through the surrounding area, or (2) That the road will be paved as part of the County's five-year road program or an approved municipal service taxing or benefit unit, or (3) That the access road does not have adequate right-of-way in which to construct the necessary paving improvements in accordance with County standards. b. If paving requirements are waived, the Board may attach conditions deemed necessary to minimize the impacts of the road on the surrounding area including, but not limited to, payment by the developer of the development's fair share of paving costs for the unpaved public or private road providing access to the development prior to issuance of final record plat approval pursuant to the procedures set out in Section 11.03.00. 3. Scenic and Historic Roads. Paving requirements and provisions for developments utilizing unpaved scenic or historic routes, as designated by the Board of County Commissioners, shall be addressed on a case-by-case basis. The requirements specified below under general requirements shall apply. Paving requirements and provisions shall be waived by the Board of County Commissioners if the Board determines: a. That the scenic or historic value or significance of the road would be adversely impacted by road paving. b. That road paving is not essential to provide adequate access to the particular development and through the surrounding area, and c. That the preservation of scenic or historic values outweighs the impacts of permitting a particular use to develop without paved access. If paving requirements are waived, the Board may attach any conditions deemed necessary to minimize impacts on the road and surrounding area. 4. General Requirements. Paving requirements are established to ensure that adequate road improvements are provided to adequately serve the development. County road design and construction standards shall apply to all paving improvements. Mixture http://library8.municode.com/default-test/DocView/14641 /1 /52/58 9/1 /2009 7.05.00. TRANSPORTATION SYSTEMS Page 2 of 4 of residential and non-residential traffic shall be avoided where possible. Persons applying for plat approval of developments utilizing access roads shall, as part of their application, include the appropriate provision for paving, as specified below. The County Engineer shall determine the estimated average daily traffic of the development in accordance with accepted standards and good traffic engineering practice. a. Small Traffic Attractors/Generators. Developments determined to be small traffic attractors/generators, defined as developments generating less than one hundred (100) average daily trips, shall provide for road paving as follows: (1) Access road frontage: For the paving of a road(s) accessing the development, the applicant shall submit funds in the amount of the development's fair share of paving costs as determined by the Board of County Commissioners prior to the issuance of final plat approval. The fair share contribution shall be determined and prorated according to front footage or by such other lawful and equitable method as the Board may prescribe. Said funds shall be held by the County for a period not to exceed ten (10) years to be used for the paving of the road(s) accessing the development. Any funds not expended or encumbered by the end of the calendar quarter immediately following ten (10) years from the date the funds were submitted to the County shall, upon application of the feepayer, be returned to him with interest to be determined based upon the average rate of return to the County for the time period the funds were held. The road segment to be funded and later paved shall include all of the development's frontage on the road. Any required submission of escrow funds shall include an escrow agreement acceptable to the County Attorney. Such agreement shall include provisions necessary to accomplish and facilitate future road paving. (2) Paving option: In lieu of submitting funds for paving under subsection 4(a)(1) above, the developer may propose to pave or arrange for paving the development's access road frontage notwithstanding requirements for roads designated on the Thoroughfare Network Right-of- Way Protection Plan, if such paving would connect to a paved public road. If such a paving option is utilized, no final plat approval shall be issued for all or any portion of the development until all paving has been completed, and improvements are inspected and approved by the County. At the option of the Board of County Commissioners, the developer may furnish the County security in the amount of one hundred fifteen percent (115%) of the estimated cost of providing the paving improvement at the time of final plat approval. The County Engineer shall approve the amount of security to be furnished. (3) Multi-phase projects: For purposes of determining if a multi-phase development is a small traffic attractor/ generator, the total number of project trips shall be compared to the small traffic project definition criteria. (4) Cumulative effect: No final plat approval shall be issued for any development utilizing access on an unpaved public or private road that exceeds two hundred (200) average daily trips as determined by the County Engineer until the road accessing the development is paved from the development's access point(s) to a paved public road. For the purpose of this Code and determination of this cumulative effect, all http://library8.municode.com/default-test/DocView/14641/1/52/58 9/1/2009 7.05.00. TRANSPORTATION SYSTEMS Page 3 of 4 access roads in the unincorporated County are assumed to have a zero (0) average daily trip count as of the effective date of the ordinance. Provisions specified below under subsection 4.b(2) and (3) shall apply. The County Engineer's decision may be appealed to the Board of County Commissioners. In considering the cumulative effect of small traffic attracting/generating developments on a road(s) or on an area, the Board of County Commissioners may determine the need for a municipal service taxing or benefit unit or assessment for road paving purposes in developed or developing areas, and may impose such an assessment. b. Large Traffic Attractors/Generators. Developments determined to be larger traffic attractors/ generators, defined as developments generating one hundred (100) or more average daily trips, shall provide for road paving as follows: (1) Access road frontage to access point(s): The unpaved public or private road accessing the development shall be paved from the development's access point(s) to a paved public road. The design of the connection shall be in accordance with County design standards. Said paving shall be completed, and improvements inspected and approved by the County, prior to the issuance of final plat approval. At the option of the Board of County Commissioners, the developer may furnish the County security in the amount of one hundred fifteen (115) of the estimated cost of providing the paving improvement at the time of final plat approval. The County Engineer shall approve the amount of security to be furnished. (2) Developer Agreements/MSBU Options: In considering the effect of large traffic attracting/generating developments on a road(s) or on an area, the Board of County Commissioners may enter into a development agreement with the developer pursuant to Section 11.08.00 to ensure the refund of monies expended by the developer on the paving of the unpaved access road pursuant to subsection 4.b(4), above the developer's fair share contribution as monies are made available by other development that uses the unpaved road as access to a paved public road. The Board may also create a municipal service taxing or benefit unit or assessment for road paving purposes in developed or developing areas, and may impose such an assessment. (3) Remaining access road frontage: For the paving of portions of a development's access road frontage not covered in the above paving requirement subsection 4(b)(1), the developer shall submit funds in the amount of the development's fair share of paving costs prior to the issuance of final plat approval. Said funds shall be held by the County for a period not to exceed ten (10) years to be used for the paving of the road accessing the development. Any funds not expended or encumbered by the end of the calendar quarter immediately following ten (10) years from the date the funds were submitted to the County shall, upon application of the feepayer, be returned to him with interest to be determined based upon the average rate of return to the County for the time period the funds were held. The road segment to be funded and later paved shall include all of the development's frontage on the road. Any required submission of escrow funds shall include an escrow agreement acceptable to the County Attorney. Such agreement shall include provisions necessary to accomplish and facilitate future road paving. (4) Paving option: In lieu of submitting funds for paving specified under subsection 4(b)(3) above, the developer may propose to pave or arrange http://library8.municode.com/default-test/DocView/14641 /1 /52/5 8 9/1 /2009 7.05.00. TRANSPORTATION SYSTEMS Page 4 of 4 for paving the development's remaining access road frontage, notwithstanding requirements for roads designated on the Thoroughfare Plan, if such paving connects to a paved public road. If such a paving option is utilized, no final plat approval shall be issued for all or any portion of the development until said paving is completed, and improvements are inspected and approved by the County. At the option of the Board of County Commissioners, the developer may furnish the County security in the amount of one hundred fifteen percent (115%) of the estimated cost of providing the paving improvements at the time of final plat approval. The County Engineer shall approve the amount of security to be furnished. http://library8.municode.com/default-test/DocView/14641/1/52/58 9/1/2009 FAIR SHARE ANALYSIS For RUSSAKIS ROAD PJ Development, LLC i' ""i 3 - >Y ;2 f F i; ~ ~ R E F ( _~X{ ~ __~y `1. Prepared By: Engineering Design & Construction, Inc. 1934 Tucker Court Ft. Pierce, FL 34950 ~~IY~ September 22, 2008 1 ;co~f~ I~a~a~~r~~n# EXECUTIVE SUMMARY The objective of this report is to determine an equitable means of distributing costs associated with the Russakis Road & Russos Road improvements and thereby determining the fair share cost for the Communications Tower in an easement on private property. The costs must be fairly distributed to all of those properties that would receive a benefit from the road improvements. The report is necessitated by the St. Lucie County's Land Development Regulations which require the improvement of adjacent roadways for the development of properties. Three methods were used for the fair share analysis: trip generation, road frontage, and number of driveways. The trip generation method of assigning improvement burdens is based upon zoning. It assumed that all parcels are developed to the full potential with the current zoning. A residential trip generation rate is assumed at 9.57 trips per unit. The fair proportionate share using the trip generation method for the subject property would be $162,960. The road frontage method of analysis simply estimates the total frontage of each parcel and then multiplies that number by a cost per linear foot for the road improvement. This method assumes only those properties with road frontage will receive a benefit. Based on this analysis, the fair share contribution required for the subject property would be $111,684. The number of driveways method assigns fair share based on number of driveways allowed along the parcel. This analysis assumes that the County's Land Development Regulations would govern the number of driveways, one per 60 feet. Based on this assumption, a total number of possible driveways was determined. This number was then applied to the total cost of the roadway improvements and a fair share for each parcel was determined. Based on this analysis, the fair share contribution required for the subject property would be $123,894. A recommendation of basing the fair share contributions for the Road Improvements is provided. That recommendation states that the road frontage generation analysis is the most equitable means of distributing the improvement costs. The road frontage generation analysis accounts for those properties which will use and benefit from the road improvements. The estimate includes an evenly distributed cost burden, regardless of arbitrary functions, and is based on the developable potential of those properties. ENGINEERING DESIGN & CONSTRUCTION I N C CIVIL ENGINEERS SPECIALf21NG IN LAND DEVELOPMENT 1934 Tucker Court, Fort Pierce, FL 34950 ph:(772) 462-2455 fx:(772) 462-2454 Page 1 of 1 Introduction The following analysis has been based upon information provided by the St. Lucie County Engineer and his staff. A detailed description of the analysis is provided in the paragraphs below and within the enclosed spreadsheets. The intent of this analysis is to determine a fair monetary contribution needed from property owners to improve Russakis Road &Russos Road to current County standards. Affected Properties Within Exhibit #1, the affected properties are delineated. For the purposes of this analysis, "affected properties" are those properties that will derive a benefit from the paving of Russakis Road to the northern property line of the subject parcel and Russos Road from Russakis Road to Emerson Avenue. Exhibit #1 provides a distinct reference number for each parcel, chosen arbitrarily, and the number of acres each parcel comprises. Additionally, the zoning designation is provided for each of the parcels. All parcels within the analysis area are zoned AG-1. Construction Cost Estimate Exhibit #2 provides a detailed construction cost estimate for the proposed improvements. The estimate is based upon the County's standard road section. This cross section is provided within Exhibit #3. The length of the roadway was assumed to be from the Emerson Avenue right-of-way, along Russos Road to Russakis Road, then north along Russakis Road to the northern-most property corner of the subject property. Other assumptions include the following: • Mobilization equals 4% of the construction costs • 24" RCP required to facilitate drainage along roadway • Required right-of-way acquired for construction (assumed 70' ROW needed) Analysis -Trip Generation To determine the fair share for each of the affected properties, it was necessary to determine the number of trips each property would generate. As shown within Exhibit #4, each parcel is detailed with the associated parcel number (refer to Exhibit #1 to identify the parcels) and their perspective zoning and acreages. The estimated density was determined by the number of residential units allowed per acre. Within the St. Lucie County Land Development Regulations (LDR), AG-1 zoning can provide ane (1) residential unit per acre. Therefore, each residentially zoned property is defined in number of residential units. The residential trip generation was determined using the Institute of Transportation Engineers Trip Generation Manual 7t" Edition rate of 9.57 trips per residential unit. ENGINEERING DESIGN & CONSTRUCTION I N C CIVIL ENGINEERS SPECIALIZING IN LAND DEVELOPMENT 1934 Tucker Court, Fort Pierce, FL 34950 ph:(772} 462-2455 (x:(772) 462-2454 Page 1 of 2 The total estimated roadway cost was then divided by the number of total trips for the area to determine the cost per residential unit. Each parcel's equivalent unit was multiplied by the cost per unit to determine the estimated assessment. Analysis -Road Frontage The road frontage for each parcel is delineated within Exhibit #5. The total footage was divided by the total estimated cost for the roadway to determine a cost per linear foot. This cost, per linear foot, was then applied to each of the parcels and is provided as the Estimated Assessment. Analysis - Number of Driveways The parcels were assumed to have a driveway connection for every 60 feet of roadway frontage. This assumption is based upon the St. Lucie County Land Development Regulations; the minimum roadway frontage for this zoning is 60 feet. Therefore, Exhibit #6 shows the road frontage for each parcel and the number of driveways assumed based upon the above two criteria. Exhibit #7 shows the parcels and their respectively assumed number of driveways. The total number of assumed driveways was divided by the total estimated roadway costs. This number was then applied to each parcel and is provided as the Estimated Assessment. Recommendation The communications tower being constructed within an easement on AG-1 property makes this analysis very unique. If one were to envision-this area at build-out with 184 homes and all of the traffic generated daily by them, it is reasonable to think that the miniscule amount of traffic generated by the construction of the communications tower would not even be a consideration. At the direction of SLC, the entire 20.14 acres must be considered since there is not a method to calculate a portion of property being considered for development. Considering the three methods presented and the associated costs, the road frontage method and the associated $111,684 would be fair and equitable to this development. We recommend this method be used as the basis for fair share assessments. w/attachments cc: PJ Development, LLC, Client ENGINEERING DESIGN & CONSTRUCTION I N C CIVIL ENGINEERS SPECIALIZING IN LAND DEVELOPMENT 1934 Tucker Court, Fort Pierce, FL 34950 ph:(772) 462-2455 fx:(772) 462-2454 Page 2 of 2 Exhibit #1 ENGINEERING DESIGN & CONSTRUCTION I N C CIVIL ENGINEERS SPECIALIZING IN LAND DEVELOPMENT 1934 Tucker Court, Fort Pierce, FL 34950 ph:(772) 462-2455 fx:(772) 462-2454 u.. uw' valao~d urmoo glom •ls acoa~m~ wuric~0m-aroo w n orvoa'm azn ~ 494Z-d9b•ZLL ~~l 3'Jtl321~tl A1213d021d ~ 9542-Z9PZLL~euoyd J 4Ntl'JNINOZ a ~s;, 0964E 1d'3Ja31d'li a N LL lanO~a3N~n14E8L Q „ ~ m ~ ~ SISAl1INH 321tlHS ~ g 'DNI `NOLL~nZi1SN0~'8 x ~ ~ ~ o N'JIS30 °JNR133NI~JN3 ~ aldd adoa sl~essna , a o ~ W u~y I I ' I I I ~ . I I j II ~ II I -i I I -y III I~_. II I _ ------J~-----------------------------~~=~~i_~fl~=ri°sa--= -----r------r------------ ----r--~-- - - I I I I II ~~~s f-,a I I I I I I =3a l I l I I I ' 4~~ I I I ~ - 'I I I I I I~ I I , I I I I_` I # ~ i fir- I I I 'I col I'' I ~1 I 1 ;o~ L' w I ~I I I hI I~ ~ I i i I: ;g --j°~ ~ •I ~ I I 1 ~I I II} ~ j ~ I 'I j j I~~~~ I I C I . ~ ~ .I ' vac ~ 3 Q, ~ ~ - - 6 'A il~;~ .F I ~~b I I dap l ~I I ~ i _ a •----------~----==------_--L--=----=~--~---~----------_- -T-----~ - T ~ - I ~b~ I ` ~ ~ I I I ~I I 'I ~ ~ I !~I i I I ;I j 1 I ~I , I I ~ 'I I. I ;I I I I I~ I _f I Exhibit #2 ENGINEERING DESIGN & CONSTRUCTION I N C CIVIL ENGINEERS SPECIALIZING IN LAND DEVELOPMENT 1934 Tucker Court, Fort Pierce, FL 34950 ph:(772) 462-2455 fx:(772) 462-2454 CONSTRUCTION COST ESTIMATE Client: PJ Development LLC Date: September 17, 2006 Project Name: Russaki Road Communicat EDC Project 08.254 Estimated Lenslth of Improvement= 5,315 LF t5 I IMA 1 tU SITE WORK UNIT QUANTITY UNIT PRICE CONTRACT Property Acquisition AC 2.40 30,000.00 72,000.00 Mobilization LS 1 49,260.00 49,260.00 Miscellaneous Erosion Control LS 1 4,000.00 4,000.00 Rough 8 Fine Grade SY 41,339 0.30 12,401.67 Sodding (Right-of-way) SY 18,307 1.65 30,206.92 Construction Layout and Record LS 1 24,500.00 24,500.00 Density Testing LS 1 7,500.00 7,500.00 SITE WORK SUB TOTAL 799,Sfi8.58 t5 I IMA I tU ROADWAY UNIT QUANTITY UNIT PRICE CONTRACT 3/4" Type S-3 Asphalt SY 20,079 7.10 142,560.11 1-1/4" Type S-1 Asphalt (Lift 1) SY 20,079 12.10 242,954.56 8" Base Rock SY 22,441 11.75 263,683.06 12" Stabilized Sub-Grade SY 24,803 2.25 55,807.50 4" Thick Concrete Sidewalk SY 2,953 40.50 119,587.50 Stop Sign & Bar Ea 2 450.00 900.00 Other Striping LS 1 11,000.00 11,000.00 Driveway Repair Ea 16 750.00 12,000.00 MOT (Complete} LS 1 8,400.00 8,400.00 ROADWAY SUB TOTAL 656,892.72 t51 IMA I tU DRAINAGE UNIT QUANTITY UNIT PRICE CONTRACT 24" RCP LF 600 41.00 24,600.00 Type C Inlet Ea 2 2,200.00 4,400.00 Canal Crossing LS 1 225,000.00 225,000.00 DRAINAGE SUB TOTAL 254,000.00 SUB TOTAL ~ 1,570,761.31 15% Contingency 196,614.20 TOTAL 1,507,375.50 Does Not Include: ' Landscapin~l * Lighting ' Electrical and other Conduit * Engineering Costs * Project Signs { :t4.... ...i . - + . ..:o:.:oao~;.r.>::y:,.::..}...::.x:.w:!...k-.'r.U....x..:fi•:;.:.!;{?!t=w.'•,.y>y1....L..:;.x _.}.4..;n.,...~~....: .~'?:.n •.`~.,S.Q.. ...Q'r •.~q.v-•. r....s.. :•.....h :y;•\x3\O:i..v.Cin~.}},~. C:VIL ~N.~t.N'rlM~2S Sp~G.Is~I~lZ,3„~,.~,.~€t~ ~L.ANQ..k~~lf~.~..C3#~tw9Etd'T Exhibit #3 ENGINEERING DESIGN & CONSTRUCTION I N C CIVIL ENGINEERS SPECIAL121NG IN LAND DEVELOPMENT 1934 Tucker Court, Fort Pierce, FL 34950 ph:(772) 462-2455 fx:(772) 462-2454 R ~n~. ~ vaiaoid uNnoo aiam •Gs °':w~~ _ ~ bSbZ-Z94-ZLL:xBJ - m ~ 5542-Z9tYZGL:auoyd J N01103S SS02101tlO1d.LL ~ - m ~ e 1v 0564E ld'3Jii31d'.Li Q >3~~ N O lanooaa~oruoes~ ,,,,,p~,~,~„ SISA'ItlNtl321tlHS211tld 'DNI'N011011211SNOD'8 ° N'JIS30'JNR133NIJN3 ~ Ob~021 SIHt/SSfRI ~:~r$ O °o Oy f%J ~ H W ~ Y~ ~Sxw W J J Z ~~~g ~~v~im M ~ N M ya 1 ~ . . 0 W N 4- g Z O ZW~ 3 U ? p ~ b w p 2 U~p J Q ( r ~an° N~~ ~ N N m3 i °wW o2 O gj N o~ o N 0 Exhibit #4 ENGINEERING DESIGN & CONSTRUCTION I N C CIVIL ENGINEERS SPECIALIZING IN LAND DEVELOPMENT 1934 Tucker Court, Fort Pierce, FL 34950 ph:(772) 462-2455 fx:(772) 462-2454 ~°n v i-- _ is c ~ cfl ~ z ~ to F' ~ c'`N'~d'~NMd'croQD00~f~Gd~~~t' M -111~J M 00 !0 ~ CO `c}' ~ ~ O t~ f~ ~ ~ Lid d_ e~^ ~ ~ ~ ~ cfd r W Q EiY ~ ~ C+1 ~ ~ ~ ~ - ~ U 1= ~ W ~ p, o ~ 3 fl. H ~rONMM~~~~~MM~N'~d'~ ~ y W Z r ~ c.l ~ V ~ ~ ~ J m Z H ~ ~ ~~rv ~ 4 r M ~ ~ f~ 1.f) ~ ~ r tt r' r ~ tf) ap o~D N Zvi N r M r C7 N r W ~ ai ~ ~ ~ 1-- ~ a~ t; U ~ .,a s"r ~ r~ M O r~ O O N ~ ti ~ tt ~ ;L N~M~.~~~j~jOrrd:Mr(O~oD N ~V11 ~ N N r N 4f ~ ~ 1J1 SiT J v d ~ O ~ syY aZ o L rNc'7sFtACOf~oO~~ir--eN.-~~~~ ~ ~~'t? n. ~ ~ w~ - ~ ~ ~ r~ a tU ~ o w ,a h- ci3 t9 > c U ti.l Exhibit #5 ENGINEERING DESIGN & CONSTRUCTION I N C CIVIL ENGINEERS SPECIAI_121NG IN LAND DEVELOPMENT 1934 Tucker Court, Fort Pierce, FL 34950 ph:(772) 462-2455 fx:(772) 462-2454 t~ ~ err - w Cd ~ ~ ! M O ~ ew ~ d 4f ~ MOONrONrI~OM00~rN M ..1~ ill I~- r A~= q~g, M O M~ r O M C O N S r yg ~ ~ 7 . 00 N ti ~ ~ a0 O O O N r ~ N r ti r. . ~ I~ (V N r O f~ [Y In O O i'.x,' +7 ®fA (fl N N r O O M N N tf') r~ O~ d' O ~pul O O ~ ~ SEA Ef}tf} ~fAEAEi}~ b4EF}~6f1~~tf} e- ~LL7 U l~ ~ Ef} ~ ~"r ~ ~ ~;L3~v 3 ~ m 'a of ~ ~ co J N 4 O ~ w+ ® ~ :417 ~ n' ~ r~ M N~ r O N~ O N n O~ M O ~ ,2+ 'O V C C I~OMMNOOONi~tnMN0000 O mil"'' O V' Cp d' r to ~ N f~ r M N N h- ~ ~ ` r e- r r ~ 'Q ~ U ~ LL U ~ y w O w w a, ~ a U ~ l` O M rep 'cf l~ ~ ~ tt) to M t~ it - l6 r~MO oDOONrOtirO~LS') d' ~_4`ii fA pj N r M 'd' C07 f~ N"1 tly ~ ~1' M r N N ~ N ~.,ls^i ~ ~7 ~ -a o U rNM~~(~I~OOO~~~~rr~ ~ wL.i ~ ~ ~ n. s... O d ~ ~ ~ ~ ~ bU ~ ~ ~ nti til ~ ~r u.~~~ Exhibit #6 ENGINEERING DESIGN & CONSTRUCTION I N C CIVIL ENGINEERS SPECIALIZING IN LAND DEVELOPMENT 1934 Tucker Court, Fort Pierce, FL 34950 ph:(772) 462-2455 fx:(772) 462-2454 to r, ~p p~ 311 t~l i~ e1; ' M ,d. ~d 'O O ~3. ~ p m ® ~f~tA~~O(flM~O)N~MrON ~ r r ~ ~ =~1'~P'c}'~NOf~~sl'N~I~~~jN M ~,JF~1 C . ~ CO t0 O tf') O ~p t0 O CO ~ f ~ ~ fA1 ~'`~rOQONNOMOrOO~~r O ~i+ 41tf?r``(4NN`-OOOMNNLL~rMO~~A O p I6 M M ,~~,6HHHGF}~EI}4}fR~fF}(fl~~6f}~~bo} r ~ U ~ W ~ ~ 4~ W > ~ u i 3~A ~ 'O ~ ~ O N o a 3 ~ ~ .o w ~ °4 E vG ~ ; rfON NNOOOM~N~nNM~~to ~ r w ~ ~ c~ ,t~ .fl z ~ ~ C J Z rOMl~p~prCpN~ON(M`,Op~j~O ~ O C f~OMC7N tnoONf~tf)MNOOOO O ~••~S"} ~ O ~O~I'rrrln'V'NI~rMrNr,-~N ~ ~ L ~ J LL ~ T-. ~ O ~ 1,41 tl} mZ O ~~Cs V ~ rNMd'InO~OOOrNMd'1nf0I- {J%.- ~ ` rrrrrrr 0. ti ~ ~ ~ O LLI t7 ~ ~ ~ ,..1 I- 7 ~m W Exhibit #7 ENGINEERING DESIGN & CONSTRUCTION I N C CIVIL ENGINEERS SPECIALIZING IN LAND DEVELOPMENT 1934 Tucker Court, Fort Pierce, FL 34950 ph:(772) 462-2455 fx:(772) 462-2454