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HomeMy WebLinkAboutAgenda Packet 02.04.2020N1�L11�llLS c��o� BOARD OF COUNTY COMMISSIONERS AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, February 4, 2020 6:00 PM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS District No. 5, Chair CATHY TOWNSEND District No. 1, Vice -Chair CHRIS DZADOVSKY District No. 2 SEAN MITCHELL District No. 3, Chair LINDA BARTZ District No. 4 FRANNIE HUTCHINSON Mission Statement To provide service, infrastructure and leadership necessary to advance a safe and sustainable community, maintain a high quality of life, and protect the natural environment for all our citizens Page 1 of 220 Regular Meeting Tuesday, February 4, 2020 6:00 PM WELCOME All meetings are televised. All meetings provided with wireless internet access for public convenience. Please turn off all cell phones and pagers prior to entering the commission chambers. Please mute the volume on all laptops and PDAs while in use in the commission chambers. GENERAL RULES AND PROCEDURES — Attached is the agenda, which will determine the order of business conducted at today's Board meeting. INVOCATION -PLEDGE — To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the Pledge of Allegiance. Participation is voluntary. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items are usually heard on the first Tuesdays at 6 p.m. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on the third Tuesday, which begins at 9 a.m., then public hearings will be heard at 9 a.m. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed rp for to the listed time. The Chair will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes, and must be pertinent to the agenda item being considered by the Board. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chair will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit comments to three minutes. Comments may pertain to any matter related to the Board's duties as the County's governing body. Comments in support or opposition to candidates for public office are not pertinent to the Board's duties. This includes any speaker identifying himself or herself as a candidate for public office. DECORUM — Please be respectful of others' opinions. MEETINGS — All Board meetings are open to the public and are held on the first Tuesdays of each month at 6 p.m. and on the third Tuesdays at 9 a.m., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Fort Pierce, Fla. 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TDD 772-462-1428 at least 48 hours prior to the meeting. 21Page Page 2 of 220 Regular Meeting Tuesday, February 4, 2020 6:00 PM 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENT (excluding Public Hearing Items) 5. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the informal meeting of September 10, 2019 B. Board of County Commissioners minutes for the meeting of January 14, 2020 C. Board of County Commissioners minutes for the informal meeting of January 21, 2020 6. PROCLAMATIONS APPROVAL There are no items scheduled. 7. PRESENTATIONS A. 2020 PSA Grant Program 8. CONSENT AGENDA A. WARRANTS 1. Warrant Lists 15-16 B. COUNTY ATTORNEY 31Page Page 3 of 220 Regular Meeting Tuesday, February 4, 2020 6:00 PM 1. Florida Department of Transportation Midway Road Project from West of South 25th Street to East of U.S. 1- County property portion of Parcel ID 3405-411-0003-000-5 - License Agreement and Resolution Staff recommends the Board authorize the Chair to execute the License Agreement and Resolution No. 2020-17 and direct staff to return the documents to the Florida Department of Transportation. 2. Florida Department of Transportation Midway Road Project from West of South 25th Street to East of U.S. 1- County property portion of Parcel ID 3403-502-0111-000-8 - White City Park - License Agreement and Resolution Staff recommends the Board authorize the Chair to execute the License Agreement and Resolution No. 2020-18 and direct staff to return the documents to the Florida Department of Transportation. 3. First Amendment to Settlement Agreement Including Impact Fee Credit Agreement - Riverland/Kennedy, LLC Staff recommends that the Board approve the first amendment and authorize the Chair to sign the first amendment. 4. Resolution No. 20-023 - A Resolution in Support of Florida Senator Debbie Mayfield and Representative Sirois" Legislation Entitled High Speed Passenger Rail Safety Act Staff recommends the Board approve the resolution and authorize the Chair to sign the resolution. Cat � : l�1►�i I_1► l :i���1�1:T�� Requesting Board approval to offer medical imaging services for SLC employees and dependents through CareHere. Staff recommends approval to enter into an agreement with CareHere and Diagnostic Radiology Center of the Treasure Coast to offer diagnostic services to our employees and dependents. 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 41Page Page 4 of 220 Regular Meeting Tuesday, February 4, 2020 6:00 PM 1. Public Hearing to Abandon a Portion of Whiteway Dairy Road in Section 18, Township 35 South, Range 40 East Staff recommends the Board accept the request from the applicant to continue the Public Hearing to March 3, 2020 at 6:00 p.m., or as soon thereafter as the item may be heard. B. PLANNING & DEVELOPMENT SERVICES Proposed Text Amendment to the Land Development Code, Section 3.01.03.Q. CN, Commercial Neighborhood to allow for Self -Storage Facilities Limited to Enclosed Storage as a Conditional Use - First Reading Staff recommends Board authorization to schedule the second Public Hearing for the Land Development Code Text Amendment for Self -Storage Limited to an Enclosed Facilities as an eligible Conditional Use within the CN, Commercial Neighborhood Zoning District Ordinance No. 2020-06 on March 3, 2020 at 6:00 P.M., or as soon thereafter as possible. 2. Comprehensive Plan Amendment Adoption Hearing - Flood Maps effective date to February 19, 2020 -Adoption Hearing Staff recommends Board approval for the adoption of Ordinance 2019-16 of the Comprehensive Plan Amendment updating the enclosed Flood Maps with an effective date of February 19, 2020. 3. Land Development Code Text Amendment: Update Flood Maps Effective Date -Adoption Hearing Staff recommends Board approval for the adoption of Ordinance No. 2019-17 amending the Land Development Code to update the Flood Insurance Rate Map to the effective date of February 19, 2020. 10. REGULAR AGENDA A. COUNTY ATTORNEY Clover Park - Amendment to Agreement with Hoar Program Management - ADD -ON Staff recommends that the Board approve an Addendum to the February 7, 2017 Contract with HPM authorizing a full time on -site inspectors during the month of February 2020 subject to fund review and approval of the documents by the County Attorney. S1Page Page 5 of 220 Regular Meeting Tuesday, February 4, 2020 6:00 PM 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold an Informal meeting on Tuesday, February 11, 2020 at gam in Conference Room 3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. County offices will be closed on Monday, February 17, 2020 in observance of Presidents' Day. C. The Board of County Commissioners will hold a Regular meeting on Tuesday, February 18, 2020 at 9am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 12. MOTION TO ADJOURN 61PagE Page 6 of 220 91ro LUCE 0 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Informal Meeting September 10, 2019 1. CALL TO ORDER - The meeting was called to order at 9:00 AM by District No. 3, Chair Linda Bartz. Recess at 10:25 AM. Reconvened at 10:46 AM. Recess for Lunch at 12:28 PM. Reconvened at 1:05 PM. Present Commissioner District 1 Chris Dzadovsky Commissioner District 2 Sean Mitchell Commissioner District 3 Linda Bartz Commissioner District 5 Cathy Townsend Commissioner District 4 Frannie Hutchinson Also Present Howard Tipton, County Administrator Daniel McIntyre, County Attorney Brittany Jones, Recording Secretary 2. DISCUSSION ITEMS A. 2020 State Legislative Priorities & Federal Quarterly Update Convened: 9:00 AM Adjourned: 1:57 PM This item was presented by Nicole Fogarty, Legislative Affairs Director. She introduced Greg Burns from Thorn Run Partners to provide an update on federal legislative priorities. Mr. Burns began with the Fort Pierce Beach construction project. He discussed funding options for the project and addressed Commissioner Hutchinson's question on FEMA natural disaster declaration of Hurricane Dorian. Next, Mr. Burns talked about the Everglades restoration program and the update to funding for the C-23 and C-24 canals as included in the Army Corp's budget. Commissioner Hutchinson asked for clarification on the funding. Mr. Burns said the specifics of Page 7 of 220 BOCC Informal Meeting Tuesday, September 10, 2019 9:00 AM the funding allocation is unclear at this time but offered to set up a conference call with the Army Corps South Florida Everglades Restoration Manager in Jacksonville to find out more information. Commissioner Hutchinson requested that call be set up. Then, Mr. Burns provided a brief update on other items that Thorn Run Partners has been working on, including a project Chair Bartz has requested. Next, John Ariale and Kenan Hale from Gray Robinson gave their update on federal legislative priorities. First, they spoke on gas tax revenue pilot programs, federal appropriations, maritime projects and status of Port infrastructure grant programs. They provided an update on two aviation projects: the FAA Tower and the runway expansion AIP application. Commissioner Dzadovsky had a question on the hours of operation for the FAA Tower. There was a discussion between staff and the Commissioners as it relates to the operation hours of Customs. Continuing on, the Legislative Affairs Director went over the 2020 State legislative priorities. She provided updates on the following items: • Qualified Targeted Industries (QTI) Tax Refund • St. Lucie Cultural Alliance • Economic Development Transportation Fund • Building and Code Regulation • Local Fuel Tax Indexing • Local Government Tax Referenda • Land Application of Biosolids • Treasure Coast International Airport Scrub -Jay Habitat • North Hutchinson Island Septic to Sewer Conversion Project • Ten Mile Oxbow and River Floodplain Restoration • Taylor Creek Restoration Dredging • Beach and Inlet Management Projects • Comprehensive Water Reform • Indian River Lagoon South -Comprehensive Everglades Restoration Project • Department of Environmental Protection - Beach Funding & Permitting • Basin Management Action Plans • Public Transportation Administration and Maintenance Facility • St. Lucie and Indian River County Boundary Line Change • Customary Use • Veterans Assistance Center • McNeil Multifamily Residential Project • State Library Funding • Indian River State College (IRSC) • Invasive Exotic Plant Research OF IFAS • Florida 4-H Programs. The Board asked clarifying questions on several of the items, and staff and the Legislative Affairs Director provided answers. There was particular discussion regarding funding priorities and 21Page Page 8 of 220 BOCC Informal Meeting Tuesday, September 10, 2019 9:00 AM matches for the North Hutchinson Island Septic to Sewer Conversion Project, the Ten Mile Oxbow and River Floodplain Restoration, and the Taylor Creek Dredging project. Commissioner Hutchinson reiterated that the projects were competing for the same State funds. In closing, the Board, staff and Legislative Affairs Director discussed the importance of adding supplemental funding for emergency beach renourishment to address the beach erosion from Hurricane Dorian. The Board also agreed that the Taylor Creek project was their priority. B. Blind Creek Beach Jeff Bremer, Assistant County Administrator, presented the Board an update on the Blind Creek oceanfront beach to bring up the possibility of formally recognizing the use of that beach as clothing optional because it has been used that way for some time. He provided some background of that beach: • 408 acres includes beachfront and intercoastal frontage. • It is the single largest contiguous parcel of public lands that the County has on South Hutchinson Island. • It is leased from the State Board of Trustees of the Internal Improvement Trust Fund and the South Florida Water Management District. • Land is currently leased to Mosquito Control. • Amenities include hiking, fishing, canoeing, single -lane boat launch, 3 parking areas, observation tower, 4 fishing/crabbing docks. • The St. Lucie County Operation and Management Plan guides the use of the property. • Blind Creek Beach is more heavily used than any other beach on South Hutchinson Island. Mr. Bremer indicated that Naturists (clothing -optional proponents) have been using the site for more than 20 years and began an effort to have the beach formally recognized as clothing optional in 2014. In 2014 the Tourist Development Council voted unanimously to support the designation of a clothing -optional beach in St. Lucie County and identified two potential areas for this, but no action was taken since then. Mr. Bremer's current investigation revealed that there were some major roadblocks to an official designation because the land is owned by the State. Mr. Bremer found that Blind Creek Beach is being heavily promoted by various sites as one of Florida's clothing -optional locations and is ostensibly well-known for being clothing -optional. Attempts to persuade the State to allow a clothing -optional beach on state lands was denied and a request for the State to turn over the land to the County was also denied. However, during 2019 the State's Lands attorneys suggested that the County could accomplish their goal through an ordinance that would recognize clothing -optional recreation activities at the defined area and that the County would also have to update its management plan. The County's Legal department prepared a draft ordinance for consideration and Mr. Bremer modified the management plan. Mr. Bremer sent the ordinance and updated management plan to Florida State Lands for review and they did not have a problem with either one. Mr. Bremer indicated Page 9 of 220 BOCC Informal Meeting Tuesday, September 10, 2019 9:00 AM that he would like the Board to consider an ordinance and change in management plan to designate Blind Creek Beach as clothing -optional. The Board and Staff discussed the potential boundaries of a clothing -optional section of beach, the economic impact, parking impact, usage impact, and cost impact of a formal designation. Prominent discussion points included: • Blind Creek Beach is a currently a passive park: there are no facilities, the parking lot is not paved, there are no restrooms • The need for restroom facilities • The need for signage • Possible need for a lifeguard • ADA compliance issues • Positive impacts from tourist spending • Potential funding sources • Asking the Naturists to fund or help fund the improvements. Mr. Bremer indicated that his next step would be to meet with the Naturists to talk about how they could partner so that he would have information when bringing the proposed ordinance to the Board for review. C. Humane Society Update This item was moved to the meeting on Sept 10, 2019 at 6 PM under the regular agenda. D. Parks Master Plan Ed Matthews, Director of Parks and Recreation, presented an informational update regarding the Parks and Recreation master plan. He handed out the resume of the consultant who helped put together the original parks 20-year master plan and gave an overview of the current parks master plan and MSTU: • The parks 20-year master plan was completed in 2001. • An MSTU was established in 2003 (sunsets 2023.) • MSTU projects are prioritized with the master plan as a framework. • MSTU funds were distributed to the cities and the county based on population. • Various park projects were accomplished in each of the cities and county with MSTU funds. 41Page Page 10 of 220 BOCC Informal Meeting Tuesday, September 10, 2019 9:00 AM Mr. Matthews said that he envisioned a new 10-year parks master plan with a 10-year MSTU. He then broke down the current MSTU-funded projects by entity: • City of Ft. Pierce $5,714,542 • St. Lucie Village $147,373 • City of Port St. Lucie $20,888,015 • St. Lucie County $26,787,882 Mr. Matthews indicated that his goal is to come to Board with a master plan that is viable and reflects the needs of the community and conveys a vision for the next 10 years. After that they could talk about extending the current MSTU beyond 2023 to fund those items in the new plan. The Board and staff discussed potential costs, potential funding, and the amount of funding to the County that the MSTU might raise and partnering with the cities to meet mutual needs. The County Administrator raised the possibility of using MSTU funds for operating costs to maintain the park facilities that are built. Commissioner Hutchinson asked whether the proposed entertainment district would be included in the new master plan, and Mr. Matthews replied that it would. He also said that he would like to develop a steering committee that would meet three or four times during the project and wanted the Board to suggest who should be on that committee. He also asked the Board if they would agree to holding a special informal session just on the topic of parks master plan. Facilities Discussion on Court Space Needs Daniel Rutherford, Facilities Director, presented information about a couple of space needs studies they have been working on in order to address challenges to Facilities' budget and maintenance needs. One of the studies was a space needs study of the downtown judicial area and the second one looked at under-utilized properties county -wide. The goal was to determine how the County could condense, consolidate, and reorganize departments to better utilize properties and to look at opportunities to lease, sell, or better utilize properties. He indicated that the Courthouse study is complete and the underutilized study is ongoing, Scotty Beaulieu, Facilities Manager, presented an overview of the downtown courthouse space study. The short-term goal was to maximize use of county -owned facilities on that campus while providing a comprehensive overview to 2030: • Maximize use of owned facilities and sites • Locate functions to improve communication and services • Improve quality of space for staff and public • Address existing deficiencies • Develop a phased implementation plan. S1Page Page 11 of 220 BOCC Informal Meeting Tuesday, September 10, 2019 9:00 AM Mr. Beaulieu identified stakeholders of that campus (19th Judicial Circuit, Clerk of Circuit Court, Criminal Justice, Facilities, Healthy Start, Law Library, Public Defender, Sheriff) and identified the buildings in the downtown judicial campus and how they are currently used. He specified that the space study did not include the State Attorney. Operational Observations from the space study included: • Lack of zones of separation for individuals in custody (they sometimes have to be transported through public and staff areas to get them to the courtroom) • Staff and Judges space are an issue • Some courtrooms lack direct in -custody access • Only 3 courtrooms are 1600 sq ft or larger, which is needed to accommodate a jury trial • There are accessibility issues • Current holding space is too small • Judicial parking is an issue • General parking will always be an issue downtown. Mr. Beaulieu reported that the space study concluded that there was approximately 16,000 square feet of surplus space on the property. However, he explained that it is a false number because the County has fragmented departments (e.g., Court Administration is located in St. Lucie West, the Public Defender doesn't house all of their staff on that campus). He suggested that if the County defragmented both of those operations the judicial campus would be beyond maximum capacity. Mr. Beaulieu remarked that it is cumbersome for Court Administration to be at St. Lucie West when all of their operations are downtown, and has looked into trying to locate them on the judicial campus, but they would have to move a lot of things around. Mr. Beaulieu mentioned that 14,000 of surplus space was showing in building C (Clerk of Court), but since the study was begun the Clerk of Court consolidated 4,000 sq ft from Building B into Building C, which leaves about 10,000 sq ft available in Building C and 6,000 sq ft. throughout the rest of the campus. However, he explained that number is hard to realistically quantify because not all of that space is usable space. Commissioner Townsend asked whether, given the purported available space, Court Administration could be moved downtown. Mr. Beaulieu replied that the study indicated that the Clerk of Court could consolidate their operations onto four floors, leaving one floor open for another use. Commissioner Townsend asked for clarification on whether the building used to house the Clerk of Court was a county -owned building, and Mr. Beaulieu replied that it was. The County Administrator explained that the county does not want to invest in a building/campus that is not future focused: operations on the campus are projected to grow 26.9% by 2030, so needs will outgrow the campus. 61Page Page 12 of 220 BOCC Informal Meeting Tuesday, September 10, 2019 9:00 AM Two options to address future needs were offered: • Remodel the existing campus (projected cost of $32 million). Some issues can be solved but it will still be outgrown it and won't solve all the problems. • Develop a new campus (projected cost of $142 million -not including land purchase). Staff and the Board discussed the pros and cons of the two options: • Commissioner Hutchinson stated that she was against building a new campus and thought the County would be better off trying to consolidate at existing locations. She suggested using some of the space at the new Tax Collector office in Tradition or in St. Lucie West. She also suggested that if the County had to build a new complex, it should consider property west of town off of Orange Ave. The County Administrator advised that the challenge with decentralizing is that you need a centralized campus for jury trials. He emphasized that the current judicial campus cannot accommodate future needs and that the County would be spending tens of millions of dollars to get a facility by 2030 that still would not meet future needs. He emphasized that no decision needed to be made immediately, but that everyone needed to start thinking about it. • Commissioner Townsend suggested selling the County's surplus properties to provide funding. She highlighted the waterfront property that could be sold to a developer who might put in apartments and put the property back on the tax rolls. • Commissioner Bartz said that she would like to see these options discussed in the strategic plan. • Commissioner Hutchinson commented that it would be helpful to see the entire space needs study that was done (not just the judicial complex) so that the Board has the big picture before they are asked to approve surplus properties for sale. F. Facilities Naming Policy & Fundraising/Sponsorship Facilities Naming Policy County Attorney Daniel McIntyre stated that the County has an existing naming policy that provides some criteria and an application form. He indicated that there has been some discussion of using a naming committee going forward and suggested amending the current resolution. He said staff could put that item on an agenda. Commissioner Hutchinson said that she prefers to have a committee to vet suggested names and that it would eliminate partiality. It was suggested to create an ad hoc committee that would meet as needed, and further to add naming to the historical commission duties. 7 1 PagE Page 13 of 220 BOCC Informal Meeting Tuesday, September 10, 2019 9:00 AM Fundraising & Sponsorships The County looks for ways in which public -private partnerships can provide donations, funding, and volunteer assistance to support and enhance County services. The County Attorney explained that the County does not have a policy on fundraising/sponsorships and that it would be a good idea to have one in order to have some regulations and oversight. He asked the Purchasing Department to see if there was a policy out there to use as a guide, and they found one from San Jose, CA. The County Attorney said he modified their policy to suit St. Lucy County and its framework. He further noted that if the Board adopts something like this policy the purchasing manual would be the appropriate place to put it. He suggested to put the draft policy on the Board's meeting agenda as a purchasing manual amendment for approval. The County Administrator cautioned that any time the County lends its symbol to a fundraising charity it implies that the County supports or approves of the organization and so accountability and transparency is needed. He commented that the draft policy looked good and he supports it. G. County Sponsored Relief Efforts for the Bahamas The County Administrator gave the Board a status report on St. Lucie County's efforts in Bahamas hurricane relief. He indicated that the County has been requested to provide help at the port and airport. He explained that Missionary Flights was coordinating much of the relief activity in partnership with the Salvation Army. Since the port is under construction and navigation is difficult, one experienced operator, McCulley Marine Services, was selected to operate the relief efforts coming out of the Port of Fort Pierce. Florida State Representative Toby Overdorf gave an update on actions from the State -level. He relayed that the State was waiting for authorization from the Federal government to do something. The State has provided MREs and water, but without federal authorization by law they cannot do anything more. He described the efforts in working with the Bahamian government to coordinate aid deliveries and described the volunteer shipments going out of the airport and port. Representative Overdorf pointed out that the County was still charging a tonnage fee for aid leaving the port. He asked that the Board consider waiving those fees for barges conveying humanitarian aid. Commissioner Dzadovsky said that he would support waiving the fees. Commissioner Townsend advised the Board Mr. McCulley was being paid to take items to the Bahamas and that is why she had requested that he pay the county for the use of the dockage. Mr. Overdorf shared that Mr. McCulley was charging an extremely reduced fee and so he was asking to waive the port fees for humanitarian reasons. Commissioner Townsend also said at they were asking people not to donate any more supplies because they still had a warehouse full. The County Attorney suggested to extend the emergency order and waive the port fees on a humanitarian basis and have the Board ratify it, or add it to the agenda for tonight's meeting to have the Board waive the fees. The County Administrator suggested to extend the emergency order to waive the fees and then put it on the meeting agenda for September 17tn 81Page Page 14 of 220 BOCC Informal Meeting Tuesday, September 10, 2019 9:00 AM It was also mentioned that currently the County is working with Mr. McCulley exclusively because of the port construction and will continue to work with him until the County transitions to Derektor. He anticipated an October transition date, but it depended on when the demolition of the packing house was completed. Mr. Stan Payne, Port & Airport Director, stated that he would like an exclusive use of the port berth for Mr. McCulley until the end of the month with a possible extension as needed because of the construction. The County Administrator indicated that he would include that in the emergency declaration. The County Administrator also mentioned that he got a call from an employee in Solid Waste who has family in the Bahamas and had requested some items: he would be working with him and sharing that information. Scotty Beaulieu, Facilities Manager, led a short discussion of County -owned tarps and water and whether the County would be able to donate some of it to the Bahamas. The Board and staff discussed whether it would be the right time, whether those supplies would it be needed now and whether they would be able to get the supplies to the people in the Bahamas. Mr. Beaulieu suggested surplussing the tarps and water to make it easier to donate them. The Board agreed that they would rather wait until they get through the end of hurricane season and then surplus the items, in case those items are needed by the County in the event of a hurricane. H. Update Regarding the Intersection of Okeechobee Road & Midway Road Kim Graham, County Engineer, updated the Board on the safety issues with the intersection of Midway Road and Okeechobee Road. She noted the potential for accidents at that intersection, gave a history of previous traffic studies, and outlined what improvements the County has made: • 2012 enhanced intersection signage • 2017 added short term safety improvements • 2018 installed lighting and illuminated pavement markings. Ms. Graham explained that crash data showed 23 accidents between 2014 and 2019, most of which were left turn and angle crashes. The County is continuing to work on improvements and created a task force with the Department of Transportation (DOT), sheriff, and their signal contractor to analyze options and come up with a plan for this intersection including: • Traffic Signal (FDOT) estimated $500,000 • Right Turn Lane Modifications (FDOT) estimated $500,000 - $1,000,000 • Removal of Pedestrian Bridge — County (possibly) estimated $1,500,000 - $2,000,000 • Additional Street Lighting Design — County? estimated $55,000 • Additional Street Lighting Construction — County estimated $500,000 • Rumble Strips on Midway (County) estimated $50,000. The Board and staff discussed the pedestrian bridge and whether the State or the County would have to pay to remove the bridge if warranted. They also discussed possible funding for street lighting. Commissioner Mitchell asked if the half -cent sales tax money could be used for the intersection improvements and the answer was no. The County Administrator reminded there was $300,000 in the proposed budget set aside for unpaved roads and that money could be used 91Page Page 15 of 220 BOCC Informal Meeting Tuesday, September 10, 2019 9:00 AM for this purpose. There was also a suggestion to ask FPL to help with funding and the Board agreed that they would like to pursue that option. Ms. Graham said she would work with Administration in drafting a letter to FPL to see if they would assist with the intersection costs. The Board directed Ms. Graham to contact FPL first to see if they would assist with funding intersection safety improvements before moving forward with the other proposed measures. The County Administrator also suggested that Ms. Graham wait and see what the State senator and local representative could accomplish in helping to get FDOT funding before moving forward. 3. ADJOURNMENT There being no further business to be brought before the Board, the meeting was adjourned. Please note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. 101Page Page 16 of 220 '�r c LUCE 11 L111(1 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting January 14, 2020 1. CALL TO ORDER Convened: 6:00 PM Adjourned: 7:06 PM The meeting was called to order at 06:00 PM by District No.5, Chair Cathy Townsend ,Present Commissioner District 1 Chris Dzadovsky Commissioner District 2 Sean Mitchell Commissioner District 3 Linda Bartz Commissioner District 5 Cathy Townsend Commissioner District 4 Frannie Hutchinson Also Present Howard Tipton, County Administrator Daniel McIntyre, County Attorney Alice Sennott, Recording Secretary 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENT (excluding Public Hearing Items) Chair Townsend opened the meeting for public comment at this time. The following people addressed the Board: • Aileen Loucks, 9300 Carlton Rd, made the Board aware that she was attacked by her neighbor's dog and the difficulty she has had getting Animal Control to respond to her complaint. Deputy Sheriff Major Hardy, who was present, told Ms. Loucks that he would speak with her about the situation outside of the meeting. Page 17 of 220 BOCC Regular Meeting Tuesday, January 14, 2020 6:00 PM • Kathy Dwonch-Schoe, 9338 Carlton Rd, commented on Ms. Loucks' dog attack and expressed concern about the way the dog ordinance is currently written. • Mark Donahue, with Derecktor Fort Pierce, submitted for the record a letter about Derecktor's progress to date on the construction of a megayacht repair and refit facility at the Port of Fort Pierce. He then read the letter into the record. There being no one further wanting to address the Board, Chair Townsend closed public comment. S. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of December 3, 2019 B. Board of County Commissioners minutes for the special 4-H event on December 5, 2019 A motion was made to approve the minutes from the Board of County Commissioners meeting on December 3, 2019 and the special 4-H event on December S, 2019. The motion was seconded and it passed unanimously. RESULT: APPROVE MOVER: Linda Bartz SECONDER: Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, AYES: Frannie Hutchinson NAYS: None 6. PROCLAMATIONS APPROVAL A. Resolution No. 20-004 - A Resolution Proclaiming January 2020 as "Human Trafficking Prevention Month" in St. Lucie County, Florida The deputy clerk read the proclamation into the record. A motion was made to adopt the resolution and it passed unanimously. Chair Townsend presented the proclamation to Jamie Bond, with Place of Hope and Human Trafficking Coalition; and Kelley Laurine, with Catch the Wave of Hope, who thanked the Board and accepted the proclamation with gratitude. 7. PRESENTATIONS There were no presentations. 21Page Page 18 of 220 BOCC Regular Meeting Tuesday, January 14, 2020 6:00 PM 8. CONSENT AGENDA Consent items 8.1-1.1 and 8.1-1.2 were pulled from the Consent Agenda for separate presentation and vote and moved to the regular agenda. Refer to Regular Agenda items 10.13.2 and 10.13.3 of the minutes for detail. A motion was made to adopt the consent agenda (minus items 8.1-1.1 and 8.H.2) and it passed unanimously. RESULT: ADOPT MOVER: Frannie Hutchinson SECONDER: Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None A. WARRANTS 1. Warrant Lists 11-12 Adopted by consent vote. B. AIR & SEA PORT 1. Treasure Coast International Airport- Lease Agreement Between St. Lucie County and U.S. Customs and Border Protection Adopted by consent vote. 2. Treasure Coast International Airport- Consent to Sublease Agreement between Fort Pierce FBO, LLC and Aviator Holdings of Florida. Adopted by consent vote. 3. Treasure Coast International Airport- Consent to Sublease Agreement between Fort Pierce FBO, LLC and Jetcraft Aerostructures, Inc. Adopted by consent vote. 4. Treasure Coast International Airport- Consent to Sublease Agreement between Fort Pierce FBO LLC., and Himalaya Aerospace LLC, C/O Choodamani Khanal Adopted by consent vote. 3 1 PagE Page 19 of 220 BOCC Regular Meeting Tuesday, January 14, 2020 6:00 PM 5. Treasure Coast International Airport- Consent to Ground Sublease Agreement between Fort Pierce FBO, LLC and MJ Faraci, Inc. Adopted by consent vote. 6. Treasure Coast International Airport- Consent to Ground Sublease Agreement between Fort Pierce FPO, LLC and Ricky W. Ott Adopted by consent vote. 7. Treasure Coast International Airport- Consent to Hangar Sublease Agreement between Fort Pierce FBO, LLC and Treasure Coast Aircraft Solutions, C/O Trev Echols Adopted by consent vote. 8. Treasure Coast International Airport- Consent to Hangar Sublease Agreement between Fort Pierce FBO LLC and Propellor Parts Market Adopted by consent vote.Adopted by consent vote. C. COUNTY ATTORNEY 1. Third Amendment to August 8, 2017 CDM Smith, Inc. Agreement C17-08-506 Adopted by consent vote. 2. Interlocal Agreement with City of Port St. Lucie - Midway Road Improvement Project - Selvitz Road to Glades Cut Off Road Adopted by consent vote. 3. Resolution No. 20-001 - Allowing Lincoln Park Main Street, a Not for Profit Organization, the Continued Use of Space at 725 Avenue D and North 8th Street, Fort Pierce, in Conjunction with its Jazz on Moore's Creek Events Adopted by consent vote. 4. Canvassing Board - Appointments for 2020 Election Cycle Adopted by consent vote. 41Page Page 20 of 220 BOCC Regular Meeting Tuesday, January 14, 2020 6:00 PM D. COMMUNITY SERVICES 1. Florida Commission for the Transportation Disadvantaged - Trip and Equipment Grant, Amendment Resolution SFY20 (G1A63) Adopted by consent vote. 2. Florida Commission for the Transportation Disadvantaged - Trip and Equipment Grant, Budget Resolution SFY20 (G1A63) Adopted by consent vote. 3. Federal Transit Administration (49 U.S.C. 5339) Grant for Buses and Bus Facilities Program Grant Acceptance & Budget Resolution for FFY19 Adopted by consent vote. 4. Federal Transit Administration (49 U.S.C. 5307) Grant for Urbanized Area Formula Funding Program for Capital and Operating Assistance - Grant Acceptance & Budget Resolution for FFY19. Adopted by consent vote. E. FACILITIES 1. Children's Home Society Sanitary Sewer Connection at 4520 Selvitz Road Adopted by consent vote. F. HUMAN RESOURCES 1. Inmate Medical Contract For Consulting/Professional Services With C. Cesario Medical Consulting, LLC Adopted by consent vote. G. PARKS & RECREATION 1. Waiver for 5th Annual Fort Pierce Job Fair Adopted by consent vote. 2. Waiver for the Early Learning Coalition's Family Fun Fair Adopted by consent vote. S1Page Page 21 of 220 BOCC Regular Meeting Tuesday, January 14, 2020 6:00 PM 3. Waiver for United Way Meet and Greet Adopted by consent vote. 4. Daktronics Extended Service Agreement - First Data Field (N.Y. Mets) Adopted by consent vote. 5. Busch Family Foundation Rodeo & Concert Fee Waiver Request Adopted by consent vote. H. PLANNING & DEVELOPMENT SERVICES PUBLIC WORKS 1. Sedona Offsite Roadway Turn Lane — Final Acceptance Adopted by consent vote. J. SOLID WASTE 1. Permission to Pay Final Invoice that Exceeded the Contract Amount Adopted by consent vote. 2. Bid Award-RFP#20-015 Analytical Laboratory Services Adopted by consent vote. 9. PUBLIC HEARINGS F-1 i0111►11C7e1iCOIR►1 VA 1. Ordinance No. 20-001- Amending the St. Lucie County Communications Rights -of -Way Ordinance Assistant County Attorney, Katherine Barbieri, presented this item along with Gary Resnick, the County's outside communications attorney. The Florida Advanced Wireless Infrastructure Deployment Act became effective July 1, 2018, codified at Section 337.401, Florida Statutes (the "Small Cell Statute"). The Board of County Commissioners adopted Ordinance No. 2018-002, to implement the Small Cell Statute in the County Code of Ordinances and also to amend the County's Cable Ordinance consistent with Florida law. The Small Cell Statute preempts, to large extent, the County's authority to regulate the placement of small wireless facilities in the public -rights -of -way, including setting forth time 61 Page 22 of 220 BOCC Regular Meeting Tuesday, January 14, 2020 6:00 PM frames, known as "shot clocks," to process applications for permits, and providing a limited bases to deny applications. In 2019, the Legislature passed CS/CS/CS/SB 1000 ("SB 1000"), which amends Section 337.401, effective July 1, 2019, including the Small Cell Statute, to further preempt local government authority and to extend shot clocks to applications for permits for all communications facilities in the public rights -of -way. SB 1000 also included the creation of a private cause of action in federal court to a party aggrieved by action of a local government that is preempted by the statute, and provides for the possible award by a court of costs and attorneys' fees to the prevailing party. The County's outside communications attorney, Gary Resnick, with significant input from County staff, prepared the proposed Ordinance to amend the County Code, and to allow for the County's exercise of its authority consistent with Section 337.401, as amended by SB 1000. The proposed Ordinance amends provisions of the County Code, including definitions, registration requirements, exemptions from permit requirements, application requirements and review procedures, construction methods and requirements for construction and permanent performance bonds, terms for use of County -owned utility poles and fees for use of County rights -of -way, and objective design standards addressing the location and design of communications facilities in the public rights -of -way. Staff recommended the Board adopt the proposed ordinance as drafted. Mr. Resnick noted that he received comments that day from attorneys representing Comcast and Verizon commenting on the proposed ordinance and suggested revisions. Mr. Resnick provided a copy of the email from the attorneys for Comcast. Commissioner Dzadovsky asked Mr. Resnick to explain to the public how the pre-emption at State and Federal levels takes some of the regulatory ability out of the County's hands. Mr. Resnick explained this to those present. He also noted that the County was preempted by Federal law from taking action based on perceived health effects of RF emissions. Chair Townsend opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Townsend closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: ADOPT MOVER: Hutchinson SECONDER: Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None 71 Page 23 of 220 BOCC Regular Meeting Tuesday, January 14, 2020 6:00 PM 2. 3. Ordinance - Including New Construction in PACE Program - Funding Agreement Amendment County Attorney Daniel McIntyre presented this item. In 2010, the County adopted Ordinance No. 10-025 forming the St. Lucie County Sustainability District for the purpose of accomplishing energy efficiency and renewable energy improvements (PACE) including paying the costs necessary and incidental thereto through non -ad valorem assessments. The County has entered into agreements with the Solar and Energy Loan Fund ("SELF") to serve as the County's agent in implementing the County's PACE program. The County's PACE as implemented only covers existing buildings - not new construction. Recently SELF inquired whether the County desired to extend the PACE program to new construction. County staff in conjunction with the County's special assessment bond counsel investigated whether allowing PACE to include new construction is consistent with state law and county ordinances. It appears that state law does not allow a PACE program to cover wind - resistance improvements for new construction. The County's ordinance, as currently constituted, does not allow the PACE program to cover new construction. A proposed ordinance which, if adopted, would allow the County's PACE program to finance energy improvements for new construction except for wind resistant improvements. The draft ordinance also modifies the maximum limit of the financing to delete the $50,000.00 limit. Also proposed is a draft Amendment to the Funding Agreement with Inland and SELF prepared by the County's Bond Counsel. The Amendment, if adopted, would delete language restricting the funding of PACE improvements to existing buildings. Staff recommended the Board approve the draft ordinance and the amendment to the funding agreement and authorize the Chair to sign the ordinance and amendment. Chair Townsend opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Townsend closed the public hearing. A motion was made to adopt the proposed ordinance and it passed unanimously. (The amendment to the funding agreement was voted on separately. See item 9.A.3) RESULT: ADOPT MOVER: Chris Dzadovsky SECONDER: Frannie Hutchinso Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, AYES: Frannie Hutchinson NAYS: None PACE Program - Funding Agreement Amendment This item is part of item 9.A.2. The amendment to the funding agreement was voted on separately from the ordinance. Chair Townsend opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Townsend closed the public hearing. 81Page Page 24 of 220 BOCC Regular Meeting Tuesday, January 14, 2020 6:00 PM A motion was made to approve the amendment to the funding agreement and it passed unanimously. RESULT: ADOPT MOVER: Sean Mitchell SECONDER: Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, AYES: Frannie Hutchinson NAYS: None B. PLANNING & DEVELOPMENT SERVICES 1. MasTec Ft. Pierce Paving and Fair Share Contribution Waiver Request Linda Pendarvis, Development Review Coordinator, advised the Board that the applicant (MasTec Ft. Pierce) had requested a continuance. Chair Townsend opened the hearing for public comment. There being no one wishing to address the Board, Chair Townsend closed the public hearing. A motion was made to continue the item to the Board's regular meeting on February 18, 2020. The motion was seconded and it passed unanimously. RESULT: CONTINUE MOVER: Chris Dzadovsky SECONDER: Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None 10. REGULAR AGENDA A. COUNTY ATTORNEY 1. FDEP Biosolids Rule County Attorney Daniel McIntyre presented this item. The Florida Department of Environmental Protection (FDEP) regulates biosolids. On October 29, 2019, the FDEP published notice that it would like to amend its biosolids rules. However, the FDEP's proposed rule amendments must be approved by the Environmental Regulation Commission (ERC) before the proposed amendments will become effective. The FDEP hopes to present its proposed biosolids rules to the ERC at a public meeting scheduled for January 28, 2020. St. Lucie County, Martin County, and Indian River previously submitted comments to the FDEP concerning the FDEP's proposed biosolids rules. All three counties have expressed their 91Page Page 25 of 220 BOCC Regular Meeting Tuesday, January 14, 2020 6:00 PM concern that the FDEP's proposed rules do not go far enough to protect water quality. Audubon Florida has expressed similar concerns. Given St. Lucie County's interest in the FDEP biosolids rules, the County's consultant (CDM Smith) was asked to review the proposed FDEP rule amendments and provide a written assessment for the County. Accordingly, CDM prepared a letter that contains several questions and comments about the FDEP proposals. On August 13, 2019, the Board of County Commissioners of St. Lucie County (Board) sent a letter to the FDEP, summarizing the Board's concerns about the FDEP's biosolids rules. Since the FDEP has not fully addressed the Board's concerns, David Dee, Esq., the County's special counsel, has prepared a draft letter that the Board should consider sending to the members of the ERC. The draft letter updates the comments that the Board sent to the FDEP in 2019. The draft letter also includes some of CDM's comments about a "Lower Cost Regulatory Alternative" that may be presented to the ERC. It is unclear whether the FDEP's proposed rule amendments will need to be submitted to the Florida Legislature for ratification pursuant to Section 120.541(3), Florida Statutes. If a rule will increase regulatory costs by an aggregate amount in excess of one million dollars within five years after the rule's adoption, the rule cannot take effect until it is ratified by the Legislature. In this case, the FDEP has estimated that the proposed biosolids rule will exceed the million -dollar threshold. However, Senator Mayfield has co -sponsored Committee Substitute for Senate Bill 712 (SB 712), which waives the requirement for legislative ratification if the FDEP biosolids rule is adopted "before the 2021 regular legislative session." It is too early to predict whether SB 712 will be enacted into law. Staff recommended that the Board authorize the Chair to sign the draft letter as prepared by the County's special counsel. Commissioner Dzadovsky commented on the history of biosolid opposition in St. Lucie County, thanking the various citizen groups in Tradition, Verano, the Reserve that worked to oppose the commercial biosolid composting efforts. He suggested that everyone continue to work to protect the quality of water, life, and the public health. Chair Townsend acknowledged that while she agreed with Commissioner Dzadovsky, she was concerned about infringing on the Right to Farm Act and farmer's rights. Commissioner Dazaovsky made a distinction between the Right to Farm Act and the biosolids issue and noted the difference between applying standard fertilizer and biosolid compost. Chair Townsend reiterated her concern about possibly infringing on the Right to Farm Act and wanted to make clear that she does not want to take away any of the farmers' rights. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Chris Dzadovsky SECONDER: Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None 10 1 Page 26 of 220 BOCC Regular Meeting Tuesday, January 14, 2020 6:00 PM B. PLANNING & DEVELOPMENT SERVICES 1. ti Major Adjustment to Major Site Plan for A-1 Roof Trusses' Expansion Kori Benton, Senior Planner, presented this item. The applicant, A-1 Roof Truss, requested a Major Adjustment to Major Site Plan to develop an additional 71,890 sq. ft. of manufacturing space and additional 4.53 +/- acres of land to their campus. A-1 Roof Trusses, a St. Lucie County Targeted Industry, is one of the longest -operating Truss manufacturing companies in Florida, currently operating a 110,070 sq. ft. facility. The expansion, slated to begin the first quarter 2020, represents a 181,960 sq. ft. build -out with support staging and loading areas. The 23.11-acre site is zoned IL (Industrial, Light) and designated IND (Industrial) by the Comprehensive Plan. The site is located at 4451 St. Lucie Blvd. Staff recommended approval of the requested major adjustment to an existing site plan subject to the conditions of approval contained within the staff report and resolution. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: ChrisDzadovsky SECONDER: Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None A-1 Roof Trusses, Ltd., Co. Incentives Package Resolution Sarah Smith, Economic Development Coordinator, and Pete Tesch, Economic Development Council, presented information about A-1 Roof Truss and the economic development incentives being recommended for them as a result of A-1's efforts to grow and expand their business in St. Lucie County. Mr. Tesch highlighted the jobs that will be created and the economic impact on the County from the expansion. CEO of A-1 Roof Truss, John Herring, addressed the Board and spoke a little about the local economic impact of his company and its proposed expansion. Mr. Tesch explained how the investment incentives work and the commissioners offered some general comments about the company and economic incentives. A motion was made to approve staff recommendation and it passed unanimously. RESULT: ADOPT MOVER: Chris Dzadovsky SECONDER: Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None 11 I Page 27 of 220 BOCC Regular Meeting Tuesday, January 14, 2020 6:00 PM 3. A-1 Roof Trusses Ltd, Co. Impact Fee Mitigation Agreement This item was discussed as part of item 10.B.2. A motion was made to approve staff recommendation and it passed unanimously. RESULT: ADOPT MOVER: Chris Dzadovsky SECONDER: Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None 11. ANNOUNCEMENTS A. County offices will be closed on Monday, January 20, 2020 in observance of Martin Luther King Day. B. The Board of County Commissioners will hold an Informal meeting on Tuesday, January 21, 2020 at 9am in Conference Room 3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. The Board of County Commissioners will hold a Regular meeting on Tuesday, January 28, 2020 at 9am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 12. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. Please note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. 121Page Page 28 of 220 91ro LUCE 0 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Informal Meeting January 21, 2020 1. CALL TO ORDER Convened: 9:01 AM Adjourned: 10:06 AM The meeting was called to order at 9:01 AM by District No. 5, Chair Cathy Townsend. ,Present Commissioner District 1 Chris Dzadovsky Commissioner District 2 Sean Mitchell Commissioner District 3 Linda Bartz Commissioner District 4 Frannie Hutchinson Commissioner District 5 Cathy Townsend Also Present Howard Tipton, County Administrator Daniel McIntyre, County Attorney Jeff Bremer, Assistant County Administrator Heather Young, Assistant County Attorney Alice Sennott, Recording Secretary 2. DISCUSSION ITEMS A. Federal Lobbyist Contract Renewals Nicole Fogarty, Legislative Affairs Director, explained that currently St. Lucie County has two federal consultant contracts which assist the county in representing four areas of concentration. The Gray Robinson Law Firm represents the Maritime and Aviation contracts and Thorn Run Partners represents the Health & Human Services and General Administration, as well as the Environmental and Natural Resources contracts. In November 2018 the Board approved these contracts with the direction to evaluate them after one year of performance. Staff requested the Board's direction on continuation of the contracts, in which that decision will be formally approved in January. Page 29 of 220 BOCC Informal Meeting Tuesday, January 21, 2020 9:00 AM The commissioners commented on the performance of the two firms and agreed that Thorn Run was under -performing in the Health & Human Services area. The Board agreed to renew the contracts of both firms for a year. They also agreed to keep Health and Human Services with Thorn Run for another year and to send them a strongly -worded letter letting them know that their firm is "on probation" to see if their performance improves. B. Update on County Legislative Grants Nicole Fogarty, Legislative Affairs Director, and Courtney Calderone, Legislative Affairs Grants Coordinator, presented the Board with an update on the legislative grants that they have successfully applied for and plan to pursue in the near future. Ms. Calderone described how the Legislative Affairs division plans to support the County in pursuing funding opportunities and the collaboration and teamwork involved with other departments. She then highlighted several of the grants that their department successfully applied for and were awarded, and reviewed several future grant funding opportunities that they are in the process of applying for or determining how to pursue. In particular, staff and Board discussed the DEO CDBG-MIT grant (federal funding to address eligible communities' disaster mitigation needs), the timeline, potential projects/programs that would fall under this grant, and the internal discussions that would need to take place to prioritize projects under this grant, and the internal path forward. The Legislative Affairs Director stated that the grant details had not yet been formally rolled out and so the grant did not have a deadline yet. Commissioner Bartz asked if the list of prioritized projects would come back to the Board for review before any final decisions were made, and the Legislative Affairs Director indicated that they would. C. Human Services Division Update Lauren Johnson, Human Services Coordinator, and Diana Wesloski, Community Services Director, provided an update to the Board on the functions of the Human Services Division of the Community Services Department. Ms. Johnson described the mission, goal, and objective of the Human Services Division, the background of their staff, and their mostly -grant -funded status. She elaborated on the types of services offered to citizens and on the Community Services Block Grant (CSBG) used to fund many of their programs. In closing, Ms. Johnson highlighted several cases where Human Services intervention produced a successful outcome of self-sufficiency for the client. Chairman Townsend commented that she would like to educate the community on the services that Human Services offers and suggested that a representative from Human Services join her for the next Coffee with the Chair. Page 30 of 220 BOCC Informal Meeting Tuesday, January 21, 2020 9:00 AM D. Retail Sale of Dogs and Cats Heather Young, Assistant County Attorney, requested direction from the Board on whether to bring an ordinance regulating the retail sale of dogs and cats forward for permission to advertise for public hearing. She explained that the County currently does not regulate the retail sale of dogs and cats other than through zoning under the Land Development Code. Although Section 828.29, Florida Statutes, establishes health requirements for the sale of dogs and cats, in recent years a number of jurisdictions have begun to prohibit or restrict such sales due to the health issues which have been associated with animals acquired from puppy and kitten mills. In June of 2019, Indian River County adopted an ordinance requiring an adoption model for any retail sales of dogs and cats. The Animal Shelter Standards Committee reviewed the issue and recommended the Board consider adoption of an ordinance to establish regulations regarding the health of dogs and cats sold by retail pet sellers and to further prohibit the retail sale of dogs and cats with exceptions for governmental agencies and non-profit shelter and rescue organizations. She noted the ordinance was not intended to prohibit the sale of dogs and cats by licensed breeders who would still be required to follow the health requirements for any animals sold. A proposed ordinance was provided to the Board for consideration. Ms. Michele Lazarow, a City Councilman from Hallendale Beach, FL, commented on the good quality of St. Lucie County's drafted ordinance and spoke about the problem of retail locations selling animals from out of state puppy/kitten mills. Commissioner Dzadovsky asked staff about issues with breeders who do not have stores and commented about the abundance of unlicensed breeding in District 1. Staff replied that the proposed ordinance does not address breeders, but that the sale of cats and dogs from breeders would still be required to conform to Florida statues. Commissioner Hutchinson emphasized the need to educate buyers about purchasing dogs and cats. Animal Safety Coordinator, Maria Valencia, gave an update on the status of a local dog breeder located in an Agricultural -zoned area who was the subject of multiple complaints, including a recent dog attack. Ms. Valencia stated that breeder was supposed to be moving off the property soon. The Board agreed to put the proposed ordinance on a future meeting agenda for permission to advertise. 3. ADJOURNMENT There being no further business to be brought before the Board, the meeting was adjourned. Please note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. 3 1 PagE Page 31 of 220 01/10/20 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #15- 04-JAN-2020 TO 10-APR-2020 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 570,655.85 679,486.78 001473 EMPA FY 20 2,196.29 0.00 001477 FCTD Disadvantaged Planning Grant 33.64 314.23 001479 Hurricane Loss Mitigation Program 0.00 329.71 001585 CSBG 2017 0.00 4,275.90 001591 CDBG Small Cities 5,679.15 0.00 001600 Section 112/MPO/FHWA Plan FY18/20 10,783.50 12,762.49 001605 Surface Transportation Block Grant 0.00 1,028.69 001606 metropolitan Planning/Sec. 5305d 0.00 1,122.24 001607 Continuum of Care Grant 0.00 359.03 001608 Continuum of Care Grant Chronic 0.00 359.03 001609 Continuum of Care Grant Family 0.00 269.28 001834 TCERDA 5,095.19 0.00 101 Transportation Trust Fund 70,561.40 150,902.73 101001 Transportation Trust interlocals 583.44 1,785.43 102 Unincorporated Services Fund 8,515.31 79,409.47 102001 Drainage Maintenance MSTU 36,681.94 24,421.43 107 Fine & Forfeiture Fund 54,085.34 238,459.12 107001 Fine & Forfeiture Fund -Wireless Sur 64,713.59 8,513.18 107002 Fine & Forfeiture Fund-E911 Surchar 0.00 6,463.21 107003 Fine & Forfeiture Fund-800 Mhz Oper 10,724.00 0.00 107006 F&F Fund -Court Related Technology 20,268.26 11,752.67 ill River Park I Fund 3,462.55 0.00 112 River Park II Fund 816.29 0.00 115 Sheraton Plaza Fund 585.66 0.00 120 The Grove Fund 239.97 0.00 122 Indian River Estates Fund 1,085.35 0.00 126 Southern Oak Estates Lighting 169.60 0.00 130 SLC Public Transit MSTU 657.13 2,902.74 130127 FTA FFY 2016-5339 1,450.00 0.00 130133 FFY18 5307 Operating and Capital As 0.00 2,978.86 130230 Transit Corridor Dev. Program - Lak 0.00 1,071.68 139 Palm Grove Fund 1,044.47 0.00 140 Airport Fund 2,899.44 17,751.21 140001 Port Fund 11,212.30 7,414.80 160 Plan Maintenance R_AD Fund 6,821.40 4,212.80 183 Ct Administrator-19th Judicial Cir 4,264.23 5,064.50 183006 Guardian Ad Litem Fund 24,151.64 0.00 184001 Artificial Reef Program 0.00 2,076.80 185019 SHIP 2018/2019 0.00 1,562.09 189116 St. Lucie HOME Consortium FY 2019 99.38 1,635.70 190 Sports Complex Fund 10,264.93 23,855.35 225 Taxable Capital Imp Rev Bond, 2019 3,500.00 0.00 310007 Impact Fees -Library "B" 2,137.20 0.00 318 County Capital -Transportation Bond 1,620.74 0.00 319 Infrastructure Surtax Capital 1,759.25 0.00 324100 EDA Airport Expansion MRO 120,718.10 0.00 324200 FDOT Airport Expansion MRO 399,342.68 0.00 107 Page 32 of 220 01110120 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #15- 04-JAN-2020 TO 10-APR-2020 FUND SUMMARY FUND TITLE 324205 FDOT-Airport Expansion MRO 324801 FIND -Fisherman's Wharf Bulkhead Des 363 Sports Complex Capital Project Fund 39016 Sabal Creek MSBU 401 Sanitary Landfill Fund 418 Golf Course Fund 471 Water & Sewer District Operations 478 Water & Sewer District R&R 491 Building Code Fund 505 Health Insurance Fund 505001 Risk Management Fund 505002 Health Insurance Administration 611 Tourist Development Trust-Adv Fund 625 Law Library 630 Medical Examiner Agency Fund 801 Bank Fund GRAND TOTAL: EXPENSES 88,523.10 61,575.00 4,171,824.04 18,518.50 464,583.54 43,279.12 404,840.82 33,376.70 15,256.25 126,405.95 19,082.77 0.00 9,095.88 1,277.65 13,194.11 61,398.68 6,991,111.32 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 116, 749.54 24,064.90 15,325.91 0.00 57,288.76 0.00 4,029.21 4,157.40 6,486.49 0.00 53, 540.91 0.00 1,574,184.27 Page 33 of 220 01/17/20 FZABWARR FUND TITLE 001 001473 001475 001585 001591 001600 001607 001608 001609 001610 001834 101 102 102001 104003 105 107 107001 107003 107005 107006 129 130 130129 130237 140 140001 160 170 183 183001 187 189116 190 310001 310002 310007 316001 319 363 401 418 471 491 505 505001 611 625 ST. LUCIE COUNTY - BOARD WARRANT LIST 416- 11-JAN-2020 TO 17-JAN-2020 FUND SUMMARY General Fund EMPA FY 20 Western Union Grant CSBG 2017 CDBG Small Cities Section 112/MPO/FHWA Plan FY18/20 Continuum of Care Grant Continuum of Care Grant Chronic Continuum of Care Grant Family EMPG FY 20 TCERDA Transportation Trust Fund Unincorporated Services Fund Drainage Maintenance MSTU Hurricane Frances Donations Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Legal Aid F&F Fund -Court Related Technology Parks MSTU Fund SLC Public Transit MSTU FFY16 5307 Transit Oper & Maint FCTD Trip & Equipment FY 2020 Airport Fund Port Fund Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Boating Improvement Projects St. Lucie HOME Consortium FY 2019 Sports Complex Fund Impact Fees -Library Impact Fees -Parks Impact Fees -Library "B" 5th Cent Fuel -Capital Infrastructure Surtax Capital Sports Complex Capital Project Fund Sanitary Landfill Fund Golf Course Fund Water & Sewer District Operations Building Code Fund Health Insurance Fund Risk Management Fund Tourist Development Trust-Adv Fund Law Library EXPENSES 5°95, 523. 11 7,952.34 261.63 7,002.2.0 10.00 755.47 5,281.00 4,203.00 3,527.00 2,495.15 4,720.44 131,513.83 4,838.68 22,188.67 965.44 424.93 132,687.23 18,160.22 3,573.49 10,013.33 31,957.59 4,700.00 1,374.31 44.99 42,460.49 5,494.41 19,201.14 16,339.19 14.63 1,862.59 740.00 46.00 472.46 37,811.85 881.84 25.50 421.87 1,380.00 4,577.75 54,655.02 320,215.61 3,994.26 36,583.58 2,534.58 5,432.52 14,596.00 5,427.98 265.68 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 796.80 0.00 0.00 0.00 oil Page 34 of 220 01/17/20 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #16- 11-JAN-2020 TO 17-JAN-2020 FUND SUMMARY FUND TITLE EXPENSES 630 Medical Examiner Agency Fund 3,717.40 801 Bank Fund 31,464.21 GRAND TOTAL: 1,604,790.61 PAGE 2 PAYROLL 0.00 0.00 796.80 92 Page 35 of 220 r Luc a- AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: JoAnn Riley, Property Acquisition Manager County Attorney 8.B.1. RES-2020-17 CONSENT AGENDA - COUNTY ATTORNEY DATE: 2/4/2020 *RESOLUTION ITEM - AGREEMENT QUASI-JUDICIAL ITEM? NO Florida Department of Transportation Midway Road Project from West of South 25th Street to East of U.S. 1 - County property portion of Parcel ID 3405-411-0003- 000-5 - License Agreement and Resolution On September 7, 2010, the Board of County Commissioners approved the Contract for Sale and Purchase from WMW, LLC to construct a pond site for the four-laning of Midway Road from South 25th Street to Selvitz Road. On December 1, 2015, the Board of County Commissioners approved a Donation of Property Agreement from the Florida Department of Transportation. On March 1, 2016, the Board of County Commissioners approved a License Agreement and Resolution No. 2016-34 from the Florida Department of Transportation to allow for sloping, grading, tying in, harmonizing and reconnecting existing features of the County property with an expiration date of May 2020. County staff received a request from the Florida Department of Transportation to extend the term of the License Agreement until completion of the project, but not later than the last day of April 2021. County staff has reviewed this request and has no objections. PREVIOUS ACTION: March 1, 2016 - Board of County Commissioners approved a License Agreement and Resolution No. 2016-34 from the Florida Department of Transportation to allow for sloping, grading, tying in, harmonizing and reconnecting existing features of the County property. Page 36 of 220 December 1, 2015 - Board of County Commissioners approved a Donation of Property Agreement from the Florida Department of Transportation. September 7, 2010 - Board of County Commissioners approved the Contract for Sale and Purchase from WMW, LLC to construct a pond site for the four-laning of Midway Road from South 25th Street to Selvitz Road. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board authorize the Chair to execute the License Agreement and Resolution No. 2020- 17 and direct staff to return the documents to the Florida Department of Transportation. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None wi�' Daniel McIntyre, County Attorney o n �_ Kimberly Graham, County Engineer Mark Satterlee, Deputy County Administrator Coordination/Signatures Date: January 24, 2020 Date: January 24, 2020 Date: January 29, 2020 Page 37 of 220 Florida Department of Transportation 3400 West Commercial Boulevard KEVIN J. THMAULT, P.E. Fort Lauderdale, FL 33309 SECRETARY ST. LUCIE COUNTY 2300 Virginia Avenue Fort Pierce, Florida 34982-5632 SUBJECT: LICENSE AGREEMENT: Item/Segment No.: 2314402 Federal Project ID: 8887-824-A State Road No.: 712 (Midway Road) County: St. Lucie Parcel No.: 907 Dear Property Owners: The Florida Department of Transportation (Department) is currently constructing the widening of the above referenced highway facility. You are receiving this letter in reference to the License Agreement between Florida Department of Transportation and St. Lucie County, a political subdivision of the State of Florida, dated March 1, 2016, the term of which is due to expire on May 2020. We would be very interested in renewing the Agreement until the completion of the project. Kindly confirm to us in writing whether you would also be agreeable to extending the term for such period. A copy of the original Agreement and a License Renewal is enclosed, which is considered an agreement between the Department and you, the owner of the property, to temporarily allow the Department to enter upon said property solely for the purpose of restoration. The restoration consists of sloping, grading, tying in, harmonizing and reconnecting existing features of the licensor's property with the highway improvements. As the current owner of the property, you are not conveying any interest in the property to the Department. This License allows the Department to enhance your property. It is considered a betterment of the property at the expense of the Department to create a more aesthetically pleasing finished road corridor. Should you wish not to have the Department enhance your property, the Department will simply void the License and no work will be completed. If you should decide to allow the Department to complete the restoration on the property, please sign the enclosed License and return it to our office in the enclosed envelope. If you have any questions, please feel free to contact me at (954) 777-4421. Sincerely, � Faith A. it Senior Right of Way Agent enclosures cc: Records Management Agent File Certified Mail No.: 7016 0600 0000 4330 7580 i J� Page 38 of 220 A r - �.. - =_ ��� .,. ,, . dway, Road Y � .1 Sl ice._.. r"�.-ter 411111� 42.0 1 f vim Parcel l nfo: 3405-41'1-0003-000-5 Page 39 of 220 A- 8G.- /' \ !� -iH, A 4 , 4S'-- K- —�- --t . -r 3,`9-82,25. 40-OC' LT, —12' JE F ORB 795.PC-.729 SEE FFD 5 /8 R /C '15 2856 " 5 DETAIL -A 330 Ql� 1 �4 5= ON I INF N 61046'17- E (S --A I L —lL N 89051'59" E (01) I p SURVEY CIR 712 (MIDWAYF? -GAD i-44—t*5 --.t. 33C-39.(4. 39.36' RT, c� D. Sla- IR/C "R- S 3435 ?77-24,E FX 1; :q INS I to, co .29 0.03" PT. 60,00' RT. z v 42 'v*iT, ."W _IN 8 20.32 -y' 39---1 .5g w 16-95- 328-59-97 $0.01 .Fes t, INE ."N LIP;'- 3Z7-26.8-7 sci. 14' PTX N 520!7'50" W 77.5V RT- I't Ls.4-N� 2 m 379� 4�,.25' '11 '21, w N N 01 101 527-29.50 SEE 104 0Y 98. C.3 • RT.57 f.Ia X el z I T Y 07 l0p.- S-, i r p 46 E . OR 1029. -1C. ? 35-01.21 30 '00' 34-87.26 ORB 3'05, 1 L) SEE 904 DETAIL-0-1 L I 34 IN 43.00' AGE I N 89L4;3L 7. 903 -- I 71 ! 1 /-- E Cl' F-P- 97"SiAT. 34-25.25 23,00' 45,3. ORB 305. k. 2292 Lu -�fa C, ' y c) o,4 T u -- i z !-,o 1,,.. 22 2 i�l .43 -LT ACCESS a IL-11L., F-SUT. 4,16,19 OQE! IO54. DC. 2774 50.09, N C-20 12 ' 54 A Si 00 33-75.69 V.E. 803 69 ' L T - it In 5 C2' 12'54 SEE --e. 00, 14 P -',A, :-stor, 3 1. Cl 5 6 Cl 0 ETAIL —,R 1.e�SA.fz4' F 4 8, 1 iN 790.00, -------- F'- MATCH L I heC SiA. 33-05.7C L, iNE I CST 62 SSEE SHEET t 2 WHITE C11Y SUB GIVTS'CN C Page 40 of 220 09-LA.11-07/18 This instrument prepared under the direction of - Elizabeth S. Quintana, EEs . District Four Assistant General Counsel Legal Description prepared by: Louis Cefolia, P.S.M.:(11-03-15] Parcel No. 907.1R Document prepared by: Item/Segment No. 2314402 Grace K. Abel (10-08-19) Section: 94530-2510 Florida Department of Transportation Managing District: 04 Right of Way Production Services C.R. No. 712 (Midway Road) 3400 W. Commercial Boulevard County: St. Lucie Fort Lauderdale, Florida 33309 LICENSE THIS LICENSE Made this day of ` , 20. , between ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose address is: 2300 Virginia Avenue, Fort Pierce, Florida 34982-5632, herein called licensor, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, herein called licensee. In consideration of the benefits accruing unto the licensor, the parties agree as follows: Licensor hereby grants to licensee a license to occupy and use, subject to all of the terms and conditions hereof, the following described premises: Parcel No. 907 Item/Segment No. 2314402 A portion of the Southeast One -Quarter (SE 1/4) of Section 5, Township 36 South, Range 40 East, St. Lucie County, Florida; said portion lying adjacent to the Westerly line of Parcel 101 and extending Westerly no more than 15.00 feet between Baseline of Survey Stations 33+04.54 and 35+45.33, as shown on the Florida Department of Transportation Right of Way Map for Item/Segment No. 2314402, Section 94530-2510. Moll] A portion of the Southeast One -Quarter (SE 1/4) of Section 5, Township 36 South, Range 40 East, St. Lucie County, Florida; said portion lying adjacent to the Westerly Existing Right of Way line of County Road 615 (S. 25th Street/N.W. St. James Drive) and extending Westerly no more than 15.00 feet between Baseline of Survey Stations 35+45.33 and 35+80.11, as shown of the Florida Department of Transportation Right of Way Map for Item/Segment No. 2314402, Section 94530-2510. The premises may be occupied and used by licensee solely for sloping, grading, tying in, harmonizing and reconnecting existing features of the licensor's property with the highway improvements which are to be constructed together with incidental purposes related thereto during the period beginning with the date first above written and continuing until completion of the transportation project, but not later than the last day of April 2021. Pagel of 4 Page 41 of 220 The making, execution and delivery of this agreement by licensor has been induced by no representations, statements, warranties, or agreements other than those contained herein. This agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof. IN WITNESS WHEREOF, the said licensor has signed and sealed these presents the day and year first above written. ATTEST: Print Name: Clerk (or Deputy Clerk) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney ST. LUCIE COUNTY, FLORIDA By Its Board of County Commissioners Print Name: Its Mayor Page 2 of 4 Page 42 of 220 09-LA.12-07/18 This instrument prepared under the direction of - Elizabeth S. Quintana, Esq. District Four Assistant General Counsel Legal Description prepared by: Louis Cefolia, P.S.M. (11-03-15) Parcel No. 907.1R Document prepared by: Item/Segment No. 2314402 Grace K. Abel (10-08-19) Section: 94530-2510 Florida Department of Transportation Managing District: 04 Right of Way Production Services C.R. No. 712 (Midway Road) 3400 W. Commercial Boulevard County: St. Lucie Fort Lauderdale, Florida 33309 RESOLUTION ON MOTION of County Commissioner . seconded by County Commissioner , the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve County Road No. 712 (Midway Road), Item/Segment No. 2314402, Section: 94530-2510, in St. Lucie County, Florida: and WHEREAS, it is necessary that certain lands now owned by St. Lucie County, Florida, be used temporarily by the State of Florida for the use and benefit of the State of Florida Department of Transportation: and WHEREAS, said use is in the best interest of the County: and WHEREAS, the State of Florida Department of Transportation has made application to said County to execute and deliver to the State of Florida Department of Transportation a license agreement, or agreements, in favor of the State of Florida, for the purpose of sloping, grading, tying in, harmonizing and reconnecting existing features of the licensor's property with the highway improvements which are to be constructed together with incidental purposes related thereto, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that the application of the State of Florida Department of Transportation for a license agreement or agreements are for transportation purposes which are in the public or community interest and for public welfare; that a license agreement or agreements, in favor of the State of Florida, in St. Lucie County, should be drawn and executed by this Board of County Commissioners. Consideration shall be $. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Fort Lauderdale, Florida 33309. Page 3 of 4 Page 43 of 220 STATE OF FLORIDA COUNTY OF ST. LUCIE I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of County Commissioners of St. Lucie County, Florida, at a meeting held on the day of .20 Print Name: Clerk Board of County Commissioners St. Lucie County, Florida Page 4 of 4 Page 44 of 220 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisitions Manager ITEM NO. RES-2016-34 DATE: 03/01/2016 *CONSENT AGENDA\COUNTY ATTORNEY SUBMITTED BY: Property Acquisition Division SUBJECT: Florida Department of Transportation Midway Road Project from west of South 25th Street to east of U.S. 1 - County property portion of Parcel ID 3405-411-0003-000-5 - License Agreement and Resolution BACKGROUND: The Florida Department of Transportation (FDOT) is designing and permitting improvements to Midway Road (C.R. 712) from west of South 25th Street to east of U.S. 1. The project is being designed in accordance with the Project Development and Environmental (PD&E) Study completed in 2009. Midway Road will be widened to a four -lane divide roadway with designated bike lanes, a 12-foot wide shared use path on the south side, and a six-foot wide sidewalk on the north side of the roadway. Furthermore, the project utilized a context sensitive design approach keeping existing connections to the side streets with designated turn lanes to the extent possible. Likewise, the signals at South 25th Street, Oleander Avenue, and U.S. 1 will be upgraded and a new signal at Sunrise Boulevard will be installed. Furthermore, native trees will be installed within the medians and decorative pedestrian and roadway lighting meeting FDOT lighting criteria will be installed adjacent to the shared use path and sidewalk. On December 1, 2015, the Board of County Commissioners donated 1,631 square feet of the County's pond site at the southwest corner of South 25th Street and Midway Road to FDOT. On February 17, 2016, County staff received a request from FDOT for a License Agreement and Resolution to allow for sloping, grading, tying in, harmonizing and reconnecting existing features of the County property. PREVIOUS ACTION: September 7, 2010 - Board of County Commissioners approved the Contract for Sale and Purchase from WMW, LLC to construct a pond site for the four-laning of Midway Road from South 25th Street to Selvitz Road. December 1, 2015 - Board of County Commissioners approved a Donation of Property Agreement from the Florida Department of Transportation. Page 45 of 220 FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board authorize the Chairman to execute the License Agreement and Resolution and authorize staff to record the documents in the Public Records of St. Lucie County. COMMISSION ACTION: RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Frannie Hutchinson, District No. 4 W AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson Coordination/Sknatures l Danie S. McIntyre, Co my ttorney 2/23/2016 I Updated: 2/22/2016 4:24 PM by JoAnn Riley Page 2 Page 46 of 220 09-L.11-12/97 This instrument prepared Parcel No. 907.1 under the direction of: .-,Item/Segment No. 2314402 Laurice C. Mayes, Esq. �/� Section: 94530-2510 Legal Description prepared by• Managing District: 04 Louis Cefolia, P.S.M. (01-16-14) C.R. No. 712 Document prepared by: County: St. Lucie Grace K. Abel (01-17-14) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 LICENSE This Agreement made the 1st day of march between ST. LUCIE COUNTY, a political subdivision of Florida, whose address is: 2300 Virginia Avenue, Fort 34982-5632, herein called licensor, and the STATE OF DEPARTMENT OF TRANSPORTATION, herein called licensee. , 201 6 , the State of Pierce, Florida FLORIDA In consideration of the benefits accruing unto the licensor, the parties agree as follows: Licensor hereby grants to licensee a license to occupy and use, subject to all of the terms and conditions hereof, the following described premises: Parcel No. 907 Item/Segment No. 2314402 Section: 94530-2510 A portion of the Southeast One -Quarter (SE 1/4) of. Section 5, Township 36 South, Range 40 East, St. Lucie County, Florida; said portion lying adjacent to the Westerly line of Parcel 101 and extending Westerly no more than 15.00 feet between Baseline of Survey Stations 33+04.54 and 35+45.33, as shown on the Florida Department of Transportation Right of Way Map for Item/Segment No. 2314402, Section 94530-2510. AND A portion of the Southeast One -Quarter (SE 1/4) of Section 5, Township 36 South, Range 40 East, St. Lucie County, Florida; said portion lying adjacent to the Westerly Existing Right of Way line of County Road 615 (S. 25th Street/N.W. St. James Drive) and extending Westerly no more than 15.00 feet between Baseline of Survey Stations 35+45.33 and 35+80.11, as shown of the Florida Department of Transportation Right of Way Map for Item/Segment No. 2314402, Section 94530-2510. The premises may be occupied and used by licensee solely for sloping, grading, tying in, harmonizing and reconnecting existing features of the licensor's property with the highway improvements which are to be constructed together with incidental purposes related thereto during the period beginning with the date first above written and continuing until completion of the transportation project, but not later than the last day of May 2020. Page 47 of 220 The making, execution and delivery of this agreement by licensor has been induced by no representations, statements, warranties, or agreements other than those contained herein. This agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof. IN WITNESS WHEREOF, the said licensor has signed and sealed these presents the day and year first above written. ATTEST: � Print Name: Met, 55G Urn Clerk (or Deputy Clerk) APPROVED AS T LEGAL SUFFICIENCY By: County Attorney ST. LUCIE COUNTY, FLORIDA By Its Board of County Commissioners By: Print Name: Johnson Its Chairperson (or Vice -Chairperson) Page 48 of 220 L.12-12/97 This instrument prepared under the direction of: L%• f 0K, Laurice C. Mayes, Esq. r Legal Description prepared by:, Louis Cefolia, P.S.M. (01-16-1A) Document prepared by: Grace K. Abel (01-17-14) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. 907.1 Item/Segment No. 2314402 Section: 94530-2510 Managing District: 04 C.R. No. 712 County: St. Lucie RE SOLUT 1 oW 2016-34 ON MOTION of Co.:nmissioner Tod Hydery , seconded by Commissioner Frannie Hutchinson , the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve County Road No. 712 (Midway Road), Item/Segment No. 2314402, Section: 94530-2510, in St. Lucie County, Florida: and WHEREAS, it is necessary that certain lands now owned by St. Lucie County, Florida, be used temporarily by the State of Florida for the use and benefit of the State of Florida Department of Transportation: and WHEREAS, said use is in the best interest of the County: and WHEREAS, the State of Florida Department of Transportation has made application to said County to execute and deliver to the State of Florida Department of Transportation a license agreement, or agreements, in favor of the State of Florida, for the purpose of sloping, grading, tying in, harmonizing and reconnecting existing features of the licensor's property with the highway improvements which are to be constructed together with incidental purposes related thereto, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that the application of the State of Florida Department of Transportation for a license agreement or agreements are for transportation purposes which are in the public or community interest and for public welfare; that a license agreement or agreements, in favor of the State of Florida, in St. Lucie County, should be drawn and executed by this Board of County Commissioners. Consideration shall be $ -0- BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Ft. Lauderdale, Florida 33309. STATE OF FLORIDA COUNTY OF ST. LUCIE I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of County Commissioners of St. Lucie County, Florida at a meeting held on the 1st day of March , 201 6 Print Name:2�+55� l )1 " k.r6'1 Clerk J Board of County Commissioners St. Lucie County, Florida Page 49 of 220 r Luc a- AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: County Attorney 8.B.2. RES-2020-18 CONSENT AGENDA - COUNTY ATTORNEY DATE: 2/4/2020 *RESOLUTION ITEM - AGREEMENT QUASI-JUDICIAL ITEM? NO SUBJECT: Florida Department of Transportation Midway Road Project from West of South 25th Street to East of U.S. 1 - County property portion of Parcel ID 3403-502-0111- 000-8 - White City Park - License Agreement and Resolution BACKGROUND: On December 1, 2015, the Board of County Commissioners approved a Purchase Agreement from the Florida Department of Transportation for the cost of relocating the restrooms, land and existing improvements at White City Park. The Board also approved a License Agreement and Resolution No. 2015-239 to allow solely for the purpose of restoration. The restoration consists of sloping, grading, tying in, harmonizing and reconnecting existing features of the County property with an expiration date of May 2020. County staff received a request from the Florida Department of Transportation to extend the term of the License Agreement until completion of the project, but not later than the last day of April 2021. County staff has reviewed this request and has no objections. PREVIOUS ACTION: December 1, 2015 - Board of County Commissioners approved a Purchase Agreement from the Florida Department of Transportation for the cost of relocating the restrooms, land and existing improvements at White City Park. The Board also approved a License Agreement and Resolution No. 2015-239 to allow solely for the purpose of restoration. The restoration consists of sloping, grading, tying in, harmonizing and reconnecting existing features of the County property with an expiration date of May 2020. FINANCIAL IMPACT: N/A Page 50 of 220 RECOMMENDATION: Staff recommends the Board authorize the Chair to execute the License Agreement and Resolution No. 2020- 18 and direct staff to return the documents to the Florida Department of Transportation. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Katrina Slay, Agenda Coordinator Daniel McIntyre, County Attorney C `u1m- Kimberly Graham, County Engineer Mark Satterlee, Deputy County Administrator Coordination/Signatures Date: January 23, 2020 Date: January 23, 2020 Date: January 24, 2020 Date: January 29, 2020 Page 51 of 220 FDOT Florida Department of Transportation RON DESANTIS 3400 West Commercial Boulevard KEVIN J. THIBAULT, E.E. GOVERNOR Fort Lauderdale, FL 33309 SECRETARY ST. LUCIE COUNTY 2300 Virginia Avenue Fort Pierce, Florida 34982-5632 SUBJECT: LICENSE AGREEMENT: Item/Segment No.: 2314402 Federal Project ID: 8887-824-A State Road No.: 712 (Midway Road) County: St. Lucie Parcel No.: 900 Dear Property Owners: The Florida Department of Transportation (Department) is currently constructing the widening of the above referenced highway facility. You are receiving this letter in reference to the License Agreement between Florida Department of Transportation and St. Lucie County, a political subdivision of the State of Florida, dated December 1, 2015, the term of which is due to expire on May 2020. We would be very interested in renewing the Agreement until the completion of the project. Kindly confirm to us in writing whether you would also be agreeable to extending the term for such period. A copy of the original Agreement and a License Renewal is enclosed, which is considered an agreement between the Department and you, the owner of the property, to temporarily allow the Department to enter upon said property solely for the purpose of restoration. The restoration consists of sloping, grading, tying in, harmonizing and reconnecting existing features of the licensor's property with the highway improvements. As the current owner of the property, you are not conveying any interest in the property to the Department. This License allows the Department to enhance your property. It is considered a betterment of the property at the expense of the Department to create a more aesthetically pleasing finished road corridor. Should you wish not to have the Department enhance your property, the Department will simply void the License and no work will be completed. If you should decide to allow the Department to complete the restoration on the property, please sign the enclosed License and return it to our office in the enclosed envelope. If you have any questions, please feel free to contact me at (954) 777-4421. Sincerely, 'de� Faith A. Blair Senior Right of Way Agent enclosures cc: Records Management Agent File Certified Mail No.: 7016 0600 0000 4330 7580 Page 52 of 220 q Basic Search Q Advanced Search (k Sales Search Leg Comparable Sales ® miew Search Resub Map - Tools - Help - ❑ Comparable Search ❑ 2016 Aerial Orthoimagery Click here for Leaal Disclaimer Page 53 of 220 ,C2-37 350-IL. 53 - la P1 STA . .3 . 52- - 28 . .'7 6 liso;� - 9 P U4 0, w 'R- -1. 04 4. 7-5 P18 23., L5 —()' 8 5" C8 S 880 4,G-,OCv- _ I I -T, 40.60, L,_ I IF ESMT. 40.00 Li— & 01 9'47 23'19 E 0' - ORB 2�7, FQ- 489 (NO CURVE) LT. ------L7� - — �4 1 t= --- , - T t 0 S 88..19. ORB 3 Z. PC-2582-- N ) 40.'0-'—L-T;- 19 - -kcg-. W.t 869 SURVEY -C--R —7,-, )-WLA--Y--R-O--A-D--) ------------ J- 347-83.68 12 M T 40.00' nT. 50-76, RT. 1 -f5 0" —7 6' T 350.91 . 9c) 8, 3'- " --s �Zll TI, 4 ;ps. j a r:, I. L S 010so-5 E' W 4 T) r� f) f�: I S 75 �.,, 'y 48. —7-8'IRT, 4�j T w F X, I-F, T M G 4 IS .,L 0 as 19, L14 s R1W LINE 164.94� *LAI 100 `51�53' RT 3 1.7 COR. -0 CEN7FR SEC, 3 4 -CTION LINE SE t 353-09 7,1, 66. 3 RT 11 NT I� LOT 62-1 -1- 12 53t F - SEE SHET ' FOR PARENTETRACT PARCEL 100 --------------------------- 124 -------- 814 — N 00052'54- E 1 pry. cs9c- S 15. 1 '34 W J. - 9 t W,- 5.61, 40 751, 139ID4- w Jn 0 RlW LINE CF. • 0- 75' S 89*39.04- E Lp 6z .355-R? 35 in pq ' n I? 14 13 3 12 C, C,r DETAIL "a- 977 NOT TO — SCALE ------------------------------- tn m 35,97 x 23.75 in c.' %7 I— - -.1 .-W . rc -,� ""M ..0 . 0.901 -- N —1 r— L-- rzm N 3 6�1 Page 54 of 220 09-LA.11-07/18 This instrument prepared under the direction of: Elizabeth S. Quintana, Esq. District Four Assistant General Counsel Legal Description prepared by: Louis Cefoli P.S.M. 11-03-15 Parcel No. 900.1R(10-08-19) Document prepared by: Item/Segment No. 2314402 Grace K. Abel G0-08-19) Section: 94530-2510 Florida Department of Transportation Managing District: 04 Right of Way Production Services C.R. No. 712 (Midway Road) 3400 W. Commercial Boulevard County: St. Lucie Fort Lauderdale, Florida 33309 LICENSE THIS LICENSE Made this day of 20 between ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose address is: 2300 Virginia Avenue, Fort Pierce, Florida 34982-5632, herein called licensor, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, herein called licensee. In consideration of the benefits accruing unto the licensor, the parties agree as follows: Licensor hereby grants to licensee a license to occupy and use, subject to all of the terms and conditions hereof, the following described premises: Parcel No. 900 Item/Segment No. 2314402 Portions of Lot 60 and Lot 62-1/2, WHITE CITY SUBDIVISION OF SECTIONS 3, 4, 5, 8, 9, AND 10, TOWNSHIP 36 S, RANGE 40 E, according to the plat thereof, as recorded in Plat Book 1, Page 23, of the Public Records of St. Lucie County, Florida, lying in Section 4, Township 36 South, Range 40 East, as shown on Sheet 5 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 2314402, Section 94530-2510, being more particularly described as follows: Commence at a found 4 inch by 4 inch concrete monument with an aluminum disk marking the North One - Quarter (N. 1/4) Corner of said Section 4; thence South 00114'02" East along the East line of the Northwest One -Quarter (N.W. 1/4) of said Section 4, a distance of 2,592.87 feet to a point on the Baseline of Survey of County. Road 712 (Midway Road) as shown on said Right of Way Map; thence North 89°39'04" West along said Baseline of Survey, a distance of 218.36 feet; thence North 88°19'17" West continuing along said Baseline of Survey of County Road 712 (Midway Road), a distance of 445.08 feet; thence South 01°40'43" West along a line at a right angle to the previously described course, a distance of 40.00 feet to the Southerly Existing Right of Way line of said County Road 712 (Midway Road) and the POINT OF BEGINNING; thence North 88° 19' 17" West along said Southerly Existing Right of Way line, a distance of 78.07 feet; thence South 75°44'37" East, a distance of 127.44 feet; thence South 88°09'04" East, a distance of 164.94 feet; thence South 01°40'43" West, a distance of 228.00 feet; thence South 88°09'04" East, a distance of 139.78 feet to a point on the Westerly line of the North Fork St. Lucie Page 1 of 4 Page 55 of 220 River; thence North 35°3 F38" East along said Westerly line of the North Fork St. Lucie River, a distance of 8.90 feet; thence North 01 °40'43" East, a distance of 222.35 feet; thence South 88°09'04" East, a distance of 175.17 feet to a point on the Westerly line of the North Fork St. Lucie River; thence North 08°48'25" East along said Westerly line of the North Fork St. Lucie River, a distance of 18.13 feet; thence North 88°09'04" West, a distance of 225.19 feet; thence South 01°50'56" West, a distance of 2.75 feet; thence North 88°09'04" West, a distance of 259.99 feet; thence North 75°44'37" West, a distance of 49.40 feet to the POINT OF BEGINNING. The premises may be occupied and used by licensee solely for sloping, grading, tying in, harmonizing and reconnecting existing features of the licensor's property with the highway improvements which are to be constructed together with incidental purposes related thereto during the period beginning with the date first above written and continuing until completion of the transportation project, but not later than the last day of April 2021. The making, execution and delivery of this agreement by licensor has been induced by no representations, statements, warranties, or agreements other than those contained herein. This agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof. IN WITNESS WHEREOF, the said licensor has signed and sealed these presents the day and year first above written. ATTEST: Print Name: Clerk (or Deputy Clerk) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney ST. LUCIE COUNTY, FLORIDA By Its Board of County Commissioners Print Name: Its Mayor Page 2 of 4 Page 56 of 220 09-LA.12-07/18 This instrument prepared under the direction of - Elizabeth S. Quintana, Esq. District Four Assistant General Counsel Legal Description prepared by: Louis Cefolia, P.S.M. (11-03-15) Parcel No. 900.1R(10-08-19) Document prepared by: Item/Segment No. 2314402 Grace K. Abel 10-08-19 Section: 94530-2510 Florida Department of Transportation Managing District: 04 Right of Way Production Services C.R. No. 712 (Midway Road) 3400 W. Commercial Boulevard County: St. Lucie Fort Lauderdale, Florida 33309 RESOLUTION ON MOTION of County Commissioner , seconded by County Commissioner , the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve County Road No. 712 (Midway Road), Item/Segment No. 2314402, Section: 94530-2510, in St. Lucie County, Florida: and WHEREAS, it is necessary that certain lands now owned by St. Lucie County, Florida, be used temporarily by the State of Florida for the use and benefit of the State of Florida Department of Transportation: and WHEREAS, said use is in the best interest of the County: and WHEREAS, the State of Florida Department of Transportation has made application to said County to execute and deliver to the State of Florida Department of Transportation a license agreement, or agreements, in favor of the State of Florida, for the purpose of sloping, grading, tying in, harmonizing and reconnecting existing features of the licensor's property with the highway improvements which are to be constructed together with incidental purposes related thereto, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that the application of the State of Florida Department of Transportation for a license agreement or agreements are for transportation purposes which are in the public or community interest and for public welfare; that a license agreement or agreements, in favor of the State of Florida, in St. Lucie County, should be drawn and executed by this Board of County Commissioners. Consideration shall be $. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Fort Lauderdale, Florida 33309. Page 3 of 4 Page 57 of 220 STATE OF FLORIDA COUNTY OF ST. LUCIE I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of County Commissioners of St. Lucie County, Florida, at a meeting held on the day of .20 Print Name: Clerk Board of County Commissioners St. Lucie County, Florida Page 4 of 4 Page 58 of 220 ITEM NO. RES-2015-239 LORI IDA­`�AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisitions Manager SUBMITTED BY: Property Acquisition Division DATE: 12/01/2015 *CONSENT AGENDA\COUNTY ATTORNEY SUBJECT: Florida Department of Transportation Midway Road Project from west of South 25th Street to east of U.S. 1 - Purchase Agreement for a portion of White City Park - Parcel ID 3403-502-0111-000-8 - County Deed and Resolution A - License Agreement and Resolution B BACKGROUND: The Florida Department of Transportation (FDOT) is designing and permitting improvements to Midway Road (C.R. 712) from west of South 25th Street to east of U.S. 1. The project is being designed in accordance with the Project Development and Environmental (PD&E) Study completed in 2009. Midway Road will be widened to a four -lane divide roadway with designated bike lanes, a 12-foot wide shared use path on the south side, and a six-foot wide sidewalk on the north side of the roadway. Furthermore, the project utilized a context sensitive design approach keeping existing connections to the side streets with designated turn lanes to the extent possible. Likewise, the signals at South 25th Street, Oleander Avenue, and U.S. 1 will be upgraded and a new signal at Sunrise Boulevard will be installed. Furthermore, native trees will be installed within the medians and decorative pedestrian and roadway lighting meeting FDOT lighting criteria will be installed adjacent to the shared use path and sidewalk. To accomplish this, FDOT needs a portion of the County's White City Park and Midway Road right-of-way. On April 1, 2014, the Board of County Commissioners denied the proposed Contract for Sale and Purchase from the Florida Department of Transportation in the amount of $125,000.00 and authorized staff to make a counter-offer in the amount of $279,550.00 based upon a review appraisal prepared by Deighan Consultants. FDOT has taken another look at their cost to cure for the project and the cost of relocating the restrooms. FDOT has presented the County with a revised Purchase Agreement in the amount of $753,826.00 for the cost to cure plus $28,000.00 for the land and improvements for a total amount of $781,826.00. Parks, Recreation and Facilities have reviewed and approved the cost to cure, land and improvement values in the Purchase Agreement. PREVIOUS ACTION: July 15, 1929 - Warranty Deed from Mr. and Mrs. Holden to St. Lucie County. Page 59 of 220 August 6, 1948 - Warranty Deed from Ms. Elsie Van Cleef to St. Lucie County. April 1, 2014 - Board of County Commissioners denied the proposed Contract for Sale and Purchase from the Florida Department of Transportation in the amount of $125,000.00 and authorized staff to make a counter-offer in the amount of $279,550.00. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the Purchase Agreement from the Florida Department of Transportation for a total amount of $781,826.00, authorize the Chairman to sign the Purchase Agreement and Addendum, Request for Taxpayer Identification Number, County Deed, Resolution A, License Agreement, Resolution B, and authorize staff to record the documents in the Public Records of St. Lucie County. COMMISSION ACTION: RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Tod Mowery, District No. 2 I SECONDER: Chris Dzadovsky, District No. 1, Vice -Chair LAYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson Coordination/Signatures Heather Young, Asst. County Attorney 1/20/2015 Updated: 11/24/2015 4:25 PM by Katrina Slay Page 2 Page 60 of 220 1�r E --- AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Daniel McIntyre, County Attorney SUBMITTED BY: County Attorney 8.B.3. 2019-47511 CONSENTAGENDA- COUNTY ATTORNEY DATE: 2/4/2020 *ACTION ITEM - AMENDMENT SUBJECT: First Amendment to Settlement Agreement Including Impact Fee Credit Agreement - Riverland/Kennedy, LLC BACKGROUND: The County and Riverland/Kennedy, LLC entered into a Settlement Agreement Including Impact Fee Credit Agreement dated February 12, 2008 (the "Agreement"). The Agreement established Credits for roads impact fees and parks impact fees. The Florida Legislature recently adopted Chapter No. 2019-165, Laws of Florida, which became effective on June 28, 2019, and which provides as follows with respect to impact fee credits: If a local government increases its impact fee rates, the holder of any impact fee credits, whether such credits are granted under s. 163.3180, s. 380.06, or otherwise, which were in existence before the increase, is entitle to the full benefit of the intensity of density prepaid by the credit balance as of the date it was first established. This subsection shall operate prospectively and not retrospectively. The County increased some if its roads impact fee rates effective November 1, 2019 (the "Roads Impact Fee Rate Increase") by virtue of Ordinance No. 19-012. which was adopted by the Board on July 2, 2019. The County and Riverland/Kennedy, LLC desire to document how the new Impact Fee Credit Law will be applied to the Credits in connection with the Roads Impact Fee Rate Increase and any future increases in roads impact fee rates or parks impact fee rates (including, without limitation, any annual increases in such rates based on changes in the Consumer Price Index). Attached is a proposed First Amendment to the February 12, 2008 Settlement Agreement prepared by Riverland/Kennedy, LLC. In response to the new impact fee credit law Riverland/Kennedy, LLC proposes (1) to Page 61 of 220 freeze the amount of Road Impact fees for any proposed "increase" authorized by the County's ordinance to the applicable fee that was in effect prior to the rate increase and (2) as to any impact fee decreases to apply the Impact Fee Credits against the decreased impact fee rate in lieu of the rate that was in effect prior to the rate decrease. Examples of the proposed use set out in Section 2c of the First Amendment. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the first amendment and authorize the Chair to sign the first amendment. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: January 23, 2020 Daniel McIntyre, County Attorney Date: January 24, 2020 Mark Satterlee, Deputy County Administrator W� Date: January 24, 2020 Leslie Olson, Planning & Development Services Director Page 62 of 220 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 3173427 OR BOOK 2942 PAGE 911, Recorded 02/27/2008 at 08:49 AM C08-02-660 SETTLEMENT AGREEMENT INCLUDING IMPACT FEE CREDIT AGREEMENT THIS Settlement Agreement Including Impact Fee Credit Agreement ("Agreement") is made and entered into as of this day of-" u , 2008, by and between ST. LUCIE COUNTY, FLORIDA, a political subdivision f the State of Florida, hereinafter referred to as "County" and Riverland/Kennedy, LLP, its successors and assigns. WITNESSETH: WHEREAS, Riverland/Kennedy, LLP (hereinafter referred to as the "Development Entity") is the original developer of the following approved Development of Regional Impact, as may be amended from time to time: Riverland/Kennedy (hereinafter the "Community"), which Community encompasses that land legally described on Exhibit "A" hereto; and WHEREAS, as part of the Community, the Development Entity (directly or through community development districts and/or special assessment districts) has constructed or caused to be constructed roads, funded or caused to be funded the construction of roads (via payments to the State of Florida and/or other appropriate governmental agencies), dedicated or caused to be dedicated rights -of -way to appropriate government agencies, and will be building or cause to be built additional public roads, will be funding or cause to be funded additional public roads, as detailed on Exhibits "13- 1" and "B-2" hereto (hereinafter the "Road Improvements"); and has dedicated or will be dedicating or cause to be dedicated certain lands for parks as detailed on Exhibit "C" hereto (hereinafter the "Park Improvements"); and WHEREAS, as part of the Community, the Development Entity (directly or through community development districts and/or special assessment districts) has constructed or caused to be constructed or will construct numerous roads which will operate as arterials or major collectors. These improvements will substantially enhance the transportation networks of the City of Port St. Lucie and St. Lucie County, as depicted on Exhibit "D" hereto. Such improvements are unique in that they represent a substantial enhancement of the network by adding to the transportation grid rather than merely adding capacity to existing roadways; and WHEREAS, the County has adopted its Roads Impact Fee Ordinance codified beginning at Section 1-17-25 as amended ("Roads Impact Fees"), and its Parks Impact Fee Ordinance codified beginning at Section 1-15-31 as amended ("Parks Impact Fees"), of the Code of Ordinances, County of St. Lucie, Florida (collectively, the "Impact Fee Ordinances"), and said Ordinances provide for impact fee credits for, inter alia, the construction, funding or dedication of certain public infrastructure; and WHEREAS, the County has adopted Ordinance No. 06-47, which allows the County to grant road impact fee credits for road improvements that benefit the impacted transportation system in the County; and Page 63 of 220 OR BOOK 2942 PAGE 912 WHEREAS, the County has determined that the Road Improvements and Park Improvements, as and when provided, are eligible for impact fee credits under the respective Impact Fee Ordinances; and the County has analyzed the Western Annexation Traffic Study and employed traffic engineers, and concluded that the internal roadway network for the Western Annexation Area will have 31 % excess capacity compared to the traffic impacts of the entities constructing said internal road network, including the Community; WHEREAS, the County and the Development Entity have agreed to enter into this Agreement, to memorialize the determination of credits which shall be applied as necessary to satisfy County impact fees for the dedication of land and/or construction (including payments to a governmental authority performing construction) of roads and parks, as detailed on Exhibits "B-1 ", "B-2", and "C" respectively, and the County acknowledges and agrees that the Development Entity should receive impact fee credits for said projects under the applicable impact fee ordinances; and WHEREAS, this Agreement resolves the issues related to the objections that the Development Entity has or may have had as to the primary validation action instituted by the County; and a separate agreement shall be entered withdrawing any objection to the validation, with each party bearing its own fees and costs, and with said agreement providing that if all or any portion of this Agreement is later determined to be void or invalid by a court of law (and the County agrees that it will not file such an action, nor solicit or encourage any third party to file such an action, nor assist in the filing or prosecution of such an action, and the County agrees that it will actively oppose and defend against any lawsuit seeking such a determination), that the Development Entity shall have the option of challenging the County's Impact Fee Ordinances, except as to the County's ability to collect impact fees from the Development Entity within the Community and within the boundaries of the City of Port St. Lucie, notwithstanding the purported existence of a conflict between the Impact Fee Ordinances of the County and the ordinances of the City of Port St. Lucie; NOW, THEREFORE, in consideration of the mutual covenants entered into between the parties hereto, to be made and performed, and in consideration of the benefits to accrue to each of the parties, it is agreed as follows: Section 1. Incorporation by Reference. The above recitals are true and correct and are made a part of this Agreement by reference. Section 2. Amount of Credit. A. The County agrees to grant Roads Impact Fee credits to the Development Entity in the amount of $13,742,500.00 for the payments made ($22,500,000.00) for the Road Improvements constructed or to be constructed as set forth on Exhibit "B-1" hereto, which amount is based upon 71.3 % of the cost to construct such improvements, except 48.3% as to the cost of the future interchange between Becker Road and Gatlin. The County further agrees that the Development Entity will be granted a Roads Impact Fee 2 Page 64 of 220 OR BOOK 2942 PAGE 913 credit in the amount of 31% of the cost of those projects listed on Exhibit `B-2" hereto per road link shown on Exhibit B-2 or any portion thereof, upon completion of the construction by the Development Entity or by any community development district or special assessment district which encompasses all or any portion of the Community or upon funding the construction through payments to the appropriate governmental agency, or donation of the right-of-way, as applicable (determined on a road segment by road segment basis as portions of such projects are developed) which amount is to be based upon the allocated cost of the Development Entity's agreed upon share of the cost to construct such improvements or dedicate road right-of-way, and 31% (representing the portion of the right-of-way deemed to be non -site related) of the value of the right-of-way listed on Exhibit B-2 hereto (to the extent said right-of-way is located within the property described on Exhibit A), as said value is determined as set forth herein. The amount of the credit to be received for non -site related right-of-way dedication relative to the projects listed on Exhibit B-2 is to be credited at the time of said dedication, with the amount of said credit being determined by either 120% of the most recent assessed value of the St. Lucie County Property Appraiser of such land immediately prior to such dedication (without regard to any homestead or agricultural exemption), or at the Development Entity's option and consistent with the provisions of the Impact Fee Ordinances, the appraised value of such property. The determination of cost of the Road Improvements for the credit due for the construction of Road Improvements shall be based upon the actual engineering and construction costs incurred to construct each such segment of the Road Improvements. The Development Entity shall be responsible for the submittal of the necessary documentation to establish the extent of credit due. i. If the developers of the Southern Grove, Western Grove and/or the Wilson Groves Developments of Regional Impact enter into an agreement with Development Entity to share the costs of one or more of the road segments listed on Exhibit `B-2" hereto, then the impact fee credit to be granted by the County will be allocated between the entities which have agreed to share in the costs based upon the respective percentages of the cost borne or otherwise funded by said entities (directly or through community development districts and/or special assessment districts). However, no credit shall be granted to the Southern Grove, Western Grove and/or the Wilson Groves Developments of Regional Impact unless those entities have entered into an agreement with the County for the provision of the improvements and the award of credits. By way of example, if road project A is listed on Exhibit `B-2" hereof (and thus impact fee credits would be 31% of the cost thereof), and 75% of the cost of that road project A is to be paid by Development Entity and 25% of the cost of that road project A is to be paid by the developers of the Southern Grove, Western Grove and/or the Wilson Groves Developments of Regional Impact, then Development Entity's share of the cost to construct such improvements is 75% of the cost of that road project A, and the impact fee credit to which Development Entity is entitled is 75% of the 31 % of the costs of road project A (upon execution of an agreement with the County, the other aforementioned developers shall be entitled to impact fee credit of the other 25% of the 31 % of the costs of road project A.) If an agreement is reached between Development Entity and the Southern Grove, Western Grove and/or the Wilson Groves Developments of Regional Impact setting forth the final apportionment of the road costs among said developers, 3 Page 65 of 220 OR BOOK 2942 PAGE 914 Development Entity will provide said agreement to the County. If the cost of a road segment listed on Exhibit `B-2" is not shared between Development Entity and the Southern Grove, Western Grove and/or the Wilson Groves Developments of Regional Impact, then Development Entity shall receive the impact fee credit attributable to the road segment that it paid for or otherwise funded (directly or through community development districts and/or special assessment districts). B. The County agrees to grant a Parks Impact Fee credit to Development Entity for the conveyance of land and related improvements for the 100 acre park set forth on Exhibit "C" hereto (which conveyance by Development Entity shall amount to 50 acres of the 100 acre park), to be credited at the time of said conveyance to the City, with the amount of said credit being determined by either 120% of the most recent assessed value of the St. Lucie County Property Appraiser of such land immediately prior to such conveyance, or at the Development Entity's option and consistent with the provisions of the Impact Fee Ordinances, the appraised value of such property. The credit due for actual improvements, if any, shall be in accordance with the provisions of the County's Parks Impact Fee Ordinance. Development Entity shall be responsible for the submittal of the necessary documentation to establish the extent of credit due. This provision shall not preclude Development Entity from seeking impact fee credits from the County for other public parks not referenced on Exhibit "C" under applicable County regulations. C. The listing of a project or land dedication on any of the exhibits hereto does not require the Development Entity to undertake said project or dedicate said property; further, if projects or properties listed on the exhibits hereto are completed or dedicated, but due to the Development Entity either having already satisfied the applicable impact fees, or the Development Entity electing to not seek impact fee credits for said project or property dedications, Development Entity is not prohibited from seeking impact fee credits from other governmental entities relative to said projects or properties. The schedule of projects listed on the exhibits hereto does not prohibit the Development Entity from constructing or funding other projects, or dedicating or conveying other lands, for which the Development Entity may seek impact fee credits under the applicable County regulations. Section 3. Limitation of Credit. The credits established by this Agreement ("Credits") are available solely to Roads Impact Fees and Parks Impact Fees of the County due from development on the properties described in Exhibit "A." Such Credits shall not be transferable to any other property in the County, except as provided in Section 4 of this Agreement. The Credits contemplated by this Agreement may only be applied against the categories of impact fees at issue, and shall not be transferable as a credit against other impact fees (i.e. excess roads impact fee credits may not be applied to parks impact fees). The Credits may be assigned by the Development Entity to any such other parties, as the Development Entity may determine, for credit against Impact Fees due under the respective Impact Fee 4 Page 66 of 220 OR BOOK 2942 PAGE 915 Ordinances imposed with respect to lands within the Community (and included within the properties described in Exhibit "A"). Section 4. Assignability of Credit. Any and all impact fee credits to which Development Entity is entitled may be freely assigned to any successors in title and interest to Development Entity, including any persons or entities that have previously purchased property from Development Entity within the Community and as described in Exhibit "A" ("Assignment") and further in the event that any of the improvements giving rise to such impact fee credits were, or in the future are, financed by a community development district or special assessment district either directly or through acquisition from Development Entity, said impact fee credits shall be granted by County directly to such community development district or special assessment district which geographic boundaries are within the area described in Exhibit "A" per written direction from Development Entity ("Direction"). If a community development district or special assessment district receives such a credit per this Agreement, then said community development district or special assessment district is, in turn, also entitled to freely assign said impact fee credits to any persons or entities which own property within the area described in Exhibit "A" hereto. Any Assignment or Direction is restricted to satisfy impact fees attributable to property physically located within the Community and as described in Exhibit "A." Such Assignment or Direction shall be by recordable written instrument. To the extent that any purchasers from the Development Entity have already paid the impact fees attributable to the purchaser's property and Development Entity has indemnified or otherwise agreed to reimburse said entities for the payment of any impact fees, the County shall refund the impact fees, with the party receiving the refund as determined by the Development Entity to either the Development Entity or the party that originally paid the impact fees. If the Development Entity has paid any impact fees relative to the Community, and thereafter becomes entitled to impact fee credit(s) pursuant to this Agreement, the County will reimburse to the Development Entity the impact fees paid (with said reimbursement being limited to the amount of the impact fee credit(s)). Before the Assignment or Direction referenced herein is effective, a copy of the Assignment or Direction shall be provided by the Development Entity to the County at the address set forth below: County Administrator County Attorney 2300 Virginia Avenue 2300 Virginia Avenue Fort Pierce, FL 34982 Fort Pierce, FL 34982 Section 5. Midway Road and Ran2eline Road As further consideration for this Agreement, Development Entity agrees to pay to the County $998,678.00 ("Road Contribution) which represents Development Entity's estimated proportionate share (as determined by the County) for the County's planned 5 Page 67 of 220 OR BOOK 2942 PAGE 916 improvements to Midway Road and Rangeline Road. Notwithstanding that Development Entity is entitled to the Roads Impact Fee Credits set forth in Section 2 of this Agreement, Development Entity agrees to pay road impact fees for each building permit applied for by Development Entity until it has applied for a sufficient number of building permits that the road impact fees paid by Development Entity equal the amount of the Road Contribution. Once Development Entity has paid road impact fees that equal the amount of the Road Contribution, Development Entity's obligation to pay the Road Contribution set forth in this Section 5 shall be satisfied and Development Entity shall be entitled to receive the Roads Impact Fee Credits set forth in Section 2. Section 6. Recordability of Agreement. This Agreement shall be recorded by the County in the public records of St. Lucie County. Section 7, Requirement for Annual Reports. In consideration of the issuance of the Impact Fee Credits provided for herein, the Development Entity agrees to provide the County a detailed written report on the use of the credit approved through this Agreement. The first of these reports for the year ending December 31, 2008 shall be due on January 31, 2009, and shall then be due by the 31st day of January ending each subsequent year. These reports shall be sent to the addresses set forth below: County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 [Signatures continued on following page] County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Signed, sealed and delivered in the presence of - [I* —IOARD OF COUNTY T. LUCIE CO , RIDA A ra s- Y Page 68 of 220 OR BOOK 2942 PAGE 917 [Signatures continued on following page] APPROVED AS TO FORM AND CORRECTNESS: County Attorney RIVERLAND/KENNEDY, LLP, a Florida limited liability partnership By: NL TO1�5jKNNEDYGROVES, a Flo limited liability By. \\�� John Carter, AICP Vice President By: ST. LUCIE ASSOCIATES IV, LLLP, a Florida limited liability limited partnership By: ST. LUCIE IV CORPO ON, a Florida corpor ak i' ener art r By: Larry Portno , Vice President 7 Page 69 of 220 OR BOOK 2942 PAGE 918 LEGAL DESCRIPTION The following is a legal description of the Riverland/Kennedy development site. TRACT 1 Being a parcel of land lying in Sections 18 and 19, Township 37 South, Range 39 East, St Lucie County, Florida, and being more particularly described as follows: Commence at the intersection of the North line of Section 30, Township 37 South, Range 39 East and the East right-of-way line of State Road 609 as shown on the Florida Department of Transportation right-of-way map dated November 5, 1964, and revised January 1965; thence along said East right-of-way line North 00'08'30" East a distance of 5,299.86 feet to the point of beginning; thence North 00'00'21" East along said East right-of-way a distance of 1,672.32 feet; thence South 89'50'39" East along a line that is parallel to and 23 feet Southerly of as measured at right angles of the North line of those lands described in .Official Records Book 477, Page 560, Public Records of St. Lucie County, Florida, a distance of 5,203.43 feet; thence South 00'04'29" West a distance of 2,985.64 feet; thence North 89'48'47" West a distance of 1,403.45 feet; thence North 00'10'23" East a distance of 1,316.04 feet; thence North 89'53'48" West a distance of 3,800.22 feet to the point of beginning. TRACT 2 Being a parcel of land lying in Section 16 and 17, Township 37 South, Range 39 East, St. Lucie County, Florida and being more particularly described as follows: Commence at the intersection of the North line of Section 30, Township 37 South, Range 39 East and the East right-of-way line of State Road 609, as shown on the Florida Department of Transportation right-of-way map dated 11/5/64 and revised January, 1965; thence along said East right-of-way line North 00'08'30" East a distance of 5299.86 feet; thence continue along said East right-of-way line North 00'0'21" East, a distance of 1695.32 feet; thence South 89`50'39" East along North line of those lands described in Official Record Book 477, Page 560; Public Records, St. Lucie County, Florida, a distance of 10415.79 feet; thence South 00'26'45" West, a distance of 23.00 feet to the Point of Beginning; thence South 89'50'39" East, along a line parallel with and 23.00 feet Southerly of, as measured at right angles, said North line, a distance of 325.77 feet; thence South 00'09'36" West, a distance of 346.66 feet; thence North 89'34'48" West, a distance of 327.49 feet; thence North 00'26'45" East, a distance of 345.16 feet, to the Point of Beginning. Page 70 of 220 OR BOOK 2942 PAGE 919 TRACT 3 Being a parcel of land lying in Sections 15, 16, 21 and 22, Township 37 South, Range 39 East, St. Lucie County, Florida and being more particularly described as follows: Commence at the intersection of the North line of Section 30, Township 37 South, Range 39 East and the East right-of-way line of State Road 609 as shown on the Florida Department of Transportation right-of-way map dated November 5, 1964 and revised January 1965; thence along said East right-of-way line North 00'08'30" East, a distance of 5,299.86 feet; thence continue along said East right-of-way Iine North 00'0'21" East a distance of 1,695.32 feet; thence South 89'50'39" East along the North line of those lands described in Official Records Book 477, Page 560, Public Records of St. Lucie County, Florida, a distance of 13,054.71 feet; thence South 00'08'07" West a distance of 23.00 feet, to the point of beginning; thence South 89'50'39" East along a line parallel with and 23.00 feet Southerly of said North line a distance of 2,786.05 feet; thence South 00'03'59" West a distance of 2,981.70 feet; thence North 89'52'17" West a distance of 2,789.64 feet; thence North 00'08'07" East a distance of 2,983.03 feet to the point of beginning. TRACT 4 Being a parcel of land lying in Sections 19, 20, 21, 22, Township 37 South, Range 39 East, St. Lucie County, Florida, and being more particularly described as follows: Commence at the intersection of the North line of Section 30, Township 37 South, Range 39 East and the East right-of-way line of State Road 609 as shown on the Florida Department of Transportation right-of-way map dated November 5, 1964 and revised January 1965; thence along said East right-of-way line North 00'08'30" East, a distance of 5,299.86 feet; thence continue along said East right-of-way line North 00'0'21" East, a distance of 1,695.32 feet; thence South 89'50'39" East along the North line of those lands described in Official Records Book 477, Page 560, Public Records of St. Lucie County, Florida, a distance of 15,942.73 feet to the Northeast corner of those lands described in Official Records Book 557, Page 676, Public Records of St. Lucie County, Florida; thence South 00°05'34" West, along the East line of those lands described in said Official Records Book 557, Page 676, a distance of 4,326.38 feet; thence North 89'49'45" West, a distance of 100.00 feet, to the point of beginning; thence South 00'03'59" West, a distance of 2,663.35 feet; thence North 89'51'58" West, a distance of 1,216.64 feet; thence North 46'07'25" West, a distance of 348.56 feet; thence North 89'51'58" West, a distance of 323.58 feet; thence South 45'44'22" West, a distance of 344.49 feet; thence North 89'51'58" West, a distance of 809.89 feet; thence North 89'49'36" West, a distance of 2,513.26 feet to the Southwest corner of said Section 21 and the Northeast corner of Alan Wilson Grove as recorded in Plat Book 12, Page 50, Public Records of St. Lucie County, Florida; thence North 89'51'07" West, along the South line of those lands described in said Official Records Book 477, Page 560, a distance of 2,644.43 feet; 5-2 Page 71 of 220 OR BOOK 2942 PAGE 920 thence North 89°53'37" West along said South line, a distance of 2,643.99 feet; thence North 89°45'07" West, along said South line, a distance of 496.49 feet; thence North 00°04'55" East, a distance of 1,362.59 feet; thence South 89`46'09" East, a distance of 3,175.72 feet; thence North 00"10'32" East, a distance of 1,309.15 feet; thence South 89°49'45" East, a distance of 7,967.68 feet to the point of beginning. TRACT 5 Being a parcel of land lying in Section 28, Township 37 South, Range 39 East, St. Lucie County, Florida, being more particularly described as follows: Commence at the intersection of the North line of Section 30, Township 37 South, Range 39 East and the East right-of-way line of State Road 609 as shown on the Florida Department of Transportation right-of-way map dated November 5, 1964 and revised January 1965; thence along said East right-of-way line, North 00'08'30' East, a distance of 5,299.86 feet; thence continue along said East right-of-way line North 00`0'21" East, a distance of 1,695.32 feet; thence South 89'50'39" East, along the North line of those lands described in Official Records Book 477, Page 560, Public Records of St. Lucie County, Florida, a distance of 15,942.73 feet; thence South 00°5'34" West along the East line of those lands described in Official Records Book 557, Page 676, Public Records of St. Lucie County, Florida, a distance of 7,589.65 feet; thence South 89'59'09" West, a distance of 98.50 feet to the point of beginning; thence South 00'0359" West, a distance of 20001.74 feet; thence North 89`51'37" West a distance of 2,600.04 feet; thence North 00°05'22" East, a distance of 1,994.75 feet; thence North 89`59'09" East, a distance of 2,599.23 feet to the point of beginning. TRACT 6 Being a parcel of land lying in Section 33, Township 37 South, Range 39 East, St. Lucie County, Florida, and being more particularly described as follows: Commence at the intersection of the North line of Section 30, Township 37 South, Range 39 East and the East right-of-way line of State Road 609 as shown on the Florida Department of Transportation right-of-way map dated November 5, 1964 and revised January 1965; thence, along said East right-of-way line, North 00°08'30" East, a distance of 5,299.86 feet; thence continue along said East right-of-way line North 00°0'21" East, a distance of 1,695.32 feet; thence South 89'50'39' East, along the North line of those lands described in Official Records Book 477, Page 560, Public Records of St. Lucie County, Florida, a distance of 15,942.73 feet; thence South 00-05'34" West, along the East line of those lands described in Official Records Book 477, Page 576, Public Records of St. Lucie County, Florida, a distance of 13,516.19 feet; thence North 89°47'44" West, a distance of 95.77 feet to the point of beginning, thence South 00°03'59 West, a distance of 2,637.63 feet; thence North 89°48'22" West, a distance of 2,616.79 feet; thence North 00"15'31" West, a distance of 669.74 feet; 5-3 Page 72 of 220 OR BOOK 2942 PAGE 921 thence North 78'38'37" West, a distance of 82.27 feet; thence North 00' 16'40" West, a distance of 632.00 feet; thence South 89'50'28" East, a distance of 147.25 feet; thence North 00"29'50" West, a distance of 1,320.48 feet; thence South 89"47'44" East, a distance of 2,570.80 feet to the point of beginning. TRACT 7 Being a parcel of land lying in Sections 15, 16, 17, 18, 19, 21, 22, 27, 28, 33 and 34, Township 37 South, Range 39 East, St. Lucie County, Florida and being more particularly described as follows: Commence at the intersection of the North line of Section 30, Township 37 South, Range 39 East and the East right-of-way line of State Road 609 as shown on the Florida Department of Transportation right-of-way map, dated November 5, 1964 and revised January 1965; thence, along said East right-of-way line, North 00'08'30" East, a distance of 5299.86 feet; thence continue North along said East right-of-way line, North 00'00'21" East, a distance of 1672.32 feet, to the Point of Beginning; thence continue North 00'00'21" East, a distance of 23.00 feet, to the Northwest corner of those lands described in Official Records Book 477, Page 560, Public Records of St. Lucie County, Florida; thence South 89"50'39" East, along the Northerly line, of said described lands, a distance of 15,942.73 feet, to the Northeast corner of those lands described in Official Records Book 557, Page 676, Public Records of St. Lucie County, Florida; thence South 00`05'34" West, along the East line of those lands described in said Official Records Book 557, Page 676, a distance of 17,341.95 feet, to the North right-of- way line of the South Florida Water Management District Canal C-23; thence North 89'54'26" West, along the North line, of said C-23 canal, a distance of 94.00 feet; thence North 00°03'59" East, a distance of 17,319.06 feet; thence North 89'50'39" West on a line parallel with and 23.00 feet Southerly of, as measured at right angles, to the North line of those lands described in said Official Records Book 477, Page 560, a distance of 15,840.71 feet to the Point of Beginning. TRACT 8 Being a parcel of land lying in Sections 16, 17, 19, 20 and 21, Township 37 South, Range 39 East, St. Lucie County, Florida, and being more particularly described as follows: Commence at the intersection of the North line of Section 30, Township 37 South, Range 39 East and the East right-of-way line of State Road 609, as shown on the Florida Department of Transportation right-of-way map dated November 5, 1964 and revised January 1965, said point being the Point of Beginning; thence along said East right-of-way line, North 00'08'30" East, a distance of 5299.86 feet; thence South 89°53'48" East, a distance of 3800.22 feet; thence South 00' 10'23" West, a distance of 1316.04 feet; thence South 89°48'47" East, a distance of 1403.45 feet; thence North 00`04'29" East, a distance of 2985.64 feet; thence Page 73 of 220 OR BOOK 2942 PAGE 922 South 89'50'39" East, along a line that is parallel with and 23 feet Southerly of, as measured at right angles, to the North line of those lands described in Official Records Book 477, Page 560, Public Records of St. Lucie County, Florida, a distance of 5212.19 feet: thence South 00'26'45" West, a distance 345.16 feet; thence South 89'34'48" East, a distance of 327.49 feet; thence North 00'09'36" East, a distance of 346.66 feet; thence South 89'50'39" East, along the aforesaid parallel line, a distance of 2313.27 feet; thence South 00'08'07" West, a distance of 2983.03 feet; thence South 89'52'17" East, a distance of 2789.64 feet; thence South 00'03'59" West, a distance of 1321.65 feet: thence North 89'49'45" West, a distance of 7967.68 feet; thence South 00' 10'32" West, a distance of 1309.15 feet; thence North 89'46'09" West, a distance of 3175.72 feet; thence South 00'04'55" West, a distance of 1362.59 feet to the South line of Section 19 and the South line of those lands described in the aforesaid Official Records Book 477, Page 560; thence North 89'45'07" West, along the aforesaid South line of Section 19, a distance of 2125.58 feet, to the South quarter corner, of said Section 19; thence North 89'59'37" West, along the said South line of said Section 19, a distance of 2574.08 feet to the Point of Beginning. TRACT 9 Being a parcel of land lying in Sections 28 and 33, Township 37 South, Range 39 East, St. Lucie County, Florida, and being more particularly described as follows: Commence at the intersection, of the North line of Section 30, Township 37 South, Range 39 East, and the East right-of-way line of State Road 609, as shown on the Florida Department of Transportation right-of-way map, dated November 5, 1964 and revised January 1965, thence along said East right-of-way line North 00°08'30" East, a distance of 5299.86 feet; thence continue North along said right-of-way North 00'0'21" East, a distance of 1695.32 feet, thence South 89'50'39" East, along the North line of those lands described in Official Records Book 477, Page 560, Public Records of St. Lucie County, Florida, a distance of 15,942.73 feet, to the Northeast corner, of those lands described in Official Records Book 577, Page 676, Public records of St. Lucie County, Florida; thence South 00'05'34" West, along the East line of those lands described in said Official Records Book 557, Page 676, a distance of 9591.65 feet; thence North 89'51'37" West, a distance of 97.58 feet, to the point of beginning; thence South 00'0359" West, a distance of 3924.43 feet; thence North 89'47'44" West, a distance of 2570.80 feet: thence South 00'29'50" East, a distance of 1320.48 feet; thence North 89'50'28" West, a distance of 147.25 feet; thence South 00' 16'40" East, a distance of 632.00 feet; thence South 78'38'37" East, a distance of 82.27 feet; thence South 00'15'31" East, a distance of 669.74 feet; thence South 89'48'22" East, a distance 2616.79 feet; thence South 00'03'59" West, a distance of 1188.32 feet, to the North right-of-way line, of the South Florida Water Management District Canal C-23; thence North 89'54'26" West, along said North right-of-way line, a distance of 2482.99 feet; thence North 00'21'02" East, a distance of 1158.72 feet; thence North 89'45'28" West, a distance of 2797.52 feet, to a point on the West line of said Section 33. Said line also being the East line of the Allan Wilson Grove, as 5-5 Page 74 of 220 OR BOOK 2942 PAGE 923 recorded in Plat Book 12, Page 50, Public Records of St. Lucie County, Florida; thence North 00'28'07" West, along said West line of Section 33, a distance of 3988.85 feet, to the Northwest corner of said Section 33, thence North 00'28'37" West, along the West line of Section 28, a distance of 5203.53 feet, to the Northwest corner of said Section 28; thence South 89'49'36" East, a distance of 2513.26 feet; thence South 00'04'40" East, a distance of 607.61 feet; thence North 89'59'09" East, a distance of 247.31 feet; thence South 00'05'22" West, a distance of 1994.75 feet; thence South 89'51'37" East, a distance of 2600.04 feet to the Point of Beginning. TRACT 10 Being a parcel of land lying in Section 28, Township 37 South, Range 39 East, St. Lucie County, Florida and being more particularly described as follows: Commence at the intersection, of the North line of Section 30, Township 37 South, Range 38 East and the East right-of-way line of State Road 609, as shown on the Florida Department of Transportation right-of-way map, dated November 5, 1964 and revised January 1965, thence along said East right-of-way line, North 00'08'30" East, a distance of 5299.86 feet; thence continuing North along said East right-of-way North 00'0'21" East, a distance of 1695.32 feet, thence South 89'50'39" East, along the North line of those lands described in Official Records Book 477, Page 560, Public Records of St. Lucie County, Florida, a distance of 15,942.73 feet, to the Northeast corner of those lands described in Official Records Book 557, Page 676, Public Records of St. Lucie County, Florida; thence South 00'05'34" West, along said East line, of said lands, a distance of 6989.66 feet; thence North 89'51'58" West, a distance of 98.78 feet, to the Point of Beginning; thence South 00'03'59" West, a distance of 600.24 feet; thence South 89'59'09" West, a distance of 2846.55 feet; thence North 00'04'40" West, a distance of 607.61 feet thence South 89'51'58" East, a distance of 809.89 feet; thence North 45'44'22" East, a distance of 344.49 feet; thence South 89'51'58" East, a distance of 323.58 feet; thence South 46'07'25" East, a distance of 348.56 feet; thence South 89'51'58" East, a distance of 1216.64 feet to the Point of Beginning. TRACT 11 Being a parcel of lands lying in Section 33, Township 37 South, Range 39 East, St. Lucie County, Florida, being more particularly described as follows: Commence at the intersection of the North line of Section 30, Township 37 South, Range 39 East and the East right-of-way line of State Road 609, as shown on the Florida Department of Transportation right-of-way map dated November 5, 1964 and revised January 1965; thence, along said East right-of-way line, North 00'08'30" East, a distance of 5299.86 feet; thence North 00'0'21" East, continuing along said East right-of-way line, a distance of 1695.32 feet, to the Northwest corner of those lands described in Official Records Book 477, Page 560, Public Records of St. Lucie County, Florida; thence South 89'50'39" East, along the North 5-6 Page 75 of 220 OR BOOK 2942 PAGE 924 line of those lands described in said Official Records Book 477, Page 560, a distance of 15,942.73 feet to the Northeast corner of those lands described in Official Records Book 557, Page 676, Public Records of St. Lucie County, Florida; thence South 00°05'34" West, along those lands described in said Official Records Book 557, Page 676, a distance of 17,341.95 feet, to the North line of the South Florida Water Management District Canal C-23; thence North 89'54'26" West, along said North line of C-23 canal, a distance of 2576.99 feet, to the Point of Beginning; thence continue North 89`54'26" West, along said North right-of-way line, a distance of 2780.87 feet to the West line of said Section 33 and the East line of the Allan Wilson Grove, as recorded in Plat Book 12, Page 50, Public Records of St. Lucie County, Florida; thence North 00"28'07" West, along said West line of Section 33, a distance of 1166.06 feet; thence South 89'45'28" East, a distance of 2797.52 feet; thence South 00°21'02" West, a distance of 1158.72 feet, to the Point of Beginning. OVERALL TRACTS The following is a sum total of the legal descriptions of the individual tracts listed above: Being a parcel of land lying in Sections 15, 16, 17, 18, 19, 20, 21, 22, 27, 28, 33 and 34, Township 37 South, Range 39 East, St. Lucie County, Florida and being more particularly described as follows: Begin at the intersection of the North line of Section 30, Township 37 South, Range 39 East and the East right-of-way Iine of State Road 609 as shown on the Florida Department of Transportation right-of-way map, dated November 5, 1964 and revised January 1965, thence, along said East right-of-way line, North 00°0739" East, a distance of 2649.52 feet; thence continue North along said East right-of-way line, through the following 2 courses, North 00°09'04" East, a distance of 2650.14 feet; thence North 00'00'42" West, a distance of 1695.52 feet, to the Northwest corner of those lands described in Official Records Book 477, Page 560, Public Records of St. Lucie County, Florida; thence South 89°51'42" East, along the Northerly line, of said described lands, a distance of 15,942.73 feet, to the Northeast corner of those lands described in Official Records Book 557, Page 676, Public Records of St. Lucie County, Florida; thence South 00004'31" West, along the East line of those lands described in said Official Records Book 557, Page 676, a distance of 17,342.11 feet, to the North right-of-way line, of the South Florida Water Management District Canal C-23; thence North 89°55'29" West, along the North line of said C-23 canal, a distance of 5361.56 feet; to the West line of said Section 33 and the East line of the Allan Wilson Grove, as recorded in Plat Book 12, Page 50, Public Records of St. Lucie County, Florida; thence North 00°28' 18" West, along said West line of said Section 33, a distance of 5151.78 feet, to the Northwest corner of said Section 33; thence North 00°28'58" West, along the West line of said Section 28, a distance of 5203.80 feet, to the Northwest corner of said Section 28 and the Northeast corner of said Alan Wilson Grove; thence North 89°51'l3" West, along the South line of said Section 20, a distance of 2644.45 feet to the South quarter corner, of Section 20; thence 5-7 Page 76 of 220 OR BOOK 2942 PAGE 925 continue North 89°53'42" West, along the South line of said Section 20, a distance of 2644.09 feet to the Southeast corner, of said Section 19; thence North 89°45' 15" West, along the South line of said Section 19, a distance of 2622.20 feet, to the South quarter corner of said Section 19; thence continue North 89°59'37" West, along the South line of said Section 19, a distance of 2573.92 feet to the East right of way line of Range Line Road (State Road 609) and the Point of Beginning. 5-8 Page 77 of 220 OR BOOK 2942 PAGE 926 Exhibit B-1 Roadway Improvements - Funded Riverland/Kennedy DRI Functional # Lanes Roadway From To Classification Future Interchange At 1-95 and ENV 3 Becker Road 1-95 Florida Turnpike U-PA 4 U-PA = Urban Primary Arterial U-COLL = Urban Collector NOTE: $22,500,000 have been funded to date for the above improvements Exhibit B-2 Shared Roadways Within DRIs Western Study Area Roadway From To Functional Classification # Lanes Becker Road N/S AB 1-95 U-PA 6 Becker Road Range Line Road N/S AB U-PA 4 Community Blvd _ E/W 1 Becker Road I N/S B Tradition Pkwy (Gatlin) Village Pkwy U-_PA U-PA 4 4 E/W 1 E/W 2 Range Line Road N/S A N/S B Village Pkwy U-PA U-COLL 2 2 E/W 3 Village Pkwy 1-95 western right-of-way U-PA 6 E/W 3 N/S A Village Pkwy U-PA 4 E/W 3 Range Line Road N/S A U-PA 2 N/S A Becker Road Crosstown Pkwy U-PA 1 4 N/S B Becker Road Paar Drive I U-COLL 2 N/S B Paar Drive E/W 1 U-PA 4 Paar Drive _ ;Village Pkwy 1-95 western right-of-way U-PA 6 Paar Drive N/S A Village Pkwy U-PA 4 Paar Drive Range Line Road N/S A U-PA 2 Tradition Pkwy (Gatlin) Range Line Rd N/S A U-PA 4 Village Parkway Becker Road E/W 1 U-PA 6 Village Parkway E/W 1 Tradition Pkwy (Gatlin) U-PA 8 Future Interchange At 1-95 and E/W 3 U-PA = Urban Primary Arterial U-COLL = Urban Collector NOTE: The road improvements noted in this table will be paid for by the 4 DRIs (Riverland/ Kennedy, Southern Grove, Western Grove & Wilson Grove) based on their proportionate impacts which will be determined by methodology analysis agreed to by the developers. NOTE: Approx. 248 Acres of ROW will be dedicated by Riverland/Kennedy for above Roadways. Exhibit C Park Improvements Riverland/Kennedy DRI Net Usable Acres Regional Park (1/2 of 100 acre park) 50 Page 78 of 220 OR BOOK 2942 PAGE 927 Page 79 of 220 OR BOOK 2942 PAGE 928 1 r) Q .,0/ Id W Z J W Z Page 80 of 220 OR BOOK 2942 PAGE 929 I VAN GR0,5 O GATLI N Page 81 of 220 OR BOOK 2942 PAGE 930 Page 82 of 220 OR BOOK 2942 PAGE 931 0 Q O w z J w 0 z R Page 83 of 220 OR BOOK 2942 PAGE 932 E/W 1 Page 84 of 220 OR BOOK 2942 PAGE 933 III Page 85 of 220 OR BOOK 2942 PAGE 934 ................................ Page 86 of 220 OR BOOK 2942 PAGE 935 Page 87 of 220 OR BOOK 2942 PAGE 936 Becker Rd Page 88 of 220 OR BOOK 2942 PAGE 937 Page 89 of 220 OR BOOK 2942 PAGE 938 E/W 3 C F �s I� I \ I \E/W 4 (Parr) — E/W 4 (Parr) I i I iu — Becker Rd ' ` 1 Becker Rd I Page 90 of 220 OR BOOK 2942 PAGE 939 Becker Rd Page 91 of 220 C08-02-660 FIRST AMENDMENT TO SETTLEMENT AGREEMENT INCLUDING IMPACT FEE CREDIT AGREEMENT THIS FIRST AMENDMENT (the "Amendment") is made and entered into as of the 1 st day of November, 2019, by and between St. Lucie County, Florida, a political subdivision of the State of Florida (the "County"), and Riverland/Kennedy, LLC, a Florida limited liability company formerly known as Riverland/Kennedy, LLP (the "Development Entity"). WITNESSETH: WHEREAS, the County and the Development Entity entered into that certain Settlement Agreement Including Impact Fee Credit Agreement dated as of February 12, 2008 (the "Agreement"). Unless otherwise defined herein, all initial capitalized terms used in this Amendment shall have the same meanings as given to them in the Agreement; and WHEREAS, the Agreement established Credits for roads impact fees and parks impact fees; and WHEREAS, Chapter No. 2019-165, Laws of Florida, which became effective on June 28, 2019, provides in relevant part as follows with respect to impact fee credits (the "Impact Fee Credit Law") and applies to the Credits: If a local government increases its impact fee rates, the holder of any impact fee credits, whether such credits are granted under s. 163.3180, s. 380.06, or otherwise, which were in existence before the increase, is entitled to the full benefit of the intensity or density prepaid by the credit balance as of the date it was first established. This subsection shall operate prospectively and not retrospectively. and WHEREAS, the County increased some of its roads impact fee rates effective November 1, 2019 (the "Roads Impact Fee Rate Increase") by virtue of Ordinance No. 19-012, which was adopted by the St. Lucie County Commission on July 2, 2019 (the "Ordinance"); and WHEREAS, the County and the Development Entity now desire to document how the Impact Fee Credit Law will be applied to the Credits in connection with the Roads Impact Fee Rate Increase and any future increases in roads impact fee rates or parks impact fee rates (including, without limitation, any annual increases in such rates based on changes in the Consumer Price Index). NOW, THEREFORE, in consideration of the mutual covenants entered into between the parties hereto, to be made and performed, and in consideration of the benefits to accrue to each of the parties, it is agreed as follows: Section 1. Incorporation by Reference. The above recitals are true and correct and are made a part of this Amendment by reference. sAATTYWGREEMNT\Riverland Kennedy, LLC - I to Impact Fee Settlement Agreement 1 Page 92 of 220 C08-02-660 Section 2. Application of Impact Fee Credit Law. The Impact Fee Credit Law will be applied to the Credits as follows in connection with the Roads Impact Fee Rate Increase and any future increases in roads impact fee rates or parks impact fee rates (including, without limitation, any annual increases in such rates based on changes in the Consumer Price Index): a. For purposes of this Section 2, the Credits existing as of the November 1, 2019 effective date of the Roads Impact Fee Rate Increase are hereinafter referred to as the "Existing Credits", and Credits which may be received under the Agreement in the future are hereinafter referred to as "Future Credits". The date that the Development Entity receives any amount of Credits is hereinafter referred to as a "Credits Receipt Date". b. When the Development Entity uses Credits: (i) as to any impact fee rates which are increased after the Credits Receipt Date for such Credits, the Credits will be applied against the applicable impact fee rate that was in effect and payable by the Development Entity prior to the rate increase, and (ii) as to any impact fee rates which are decreased after the Credits Receipt Date for such Credits, the Credits will be applied against the decreased impact fee rate in lieu of the rate that was in effect and payable by the Development Entity prior to the rate decrease. C. By way of example and for illustration purposes, pursuant to the Ordinance, the County has adjusted the roads impact fee rate of $5,068 per single family unit which was in effect prior to November 1, 2019, in part, as follows: (i) the rate for single family units less than 2,400 sf has been decreased to $5,015 per unit, (ii) the rate for single family units from 2,400 sf to 3,499 sf has been increased to $6,129 per unit, and (iii) the rate for single family units 3,500 sf and greater has been increased to $6,222 per unit. Based on the Impact Fee Credit Law, effective November 1, 2019, the Existing Credits shall be applied at the decreased rate of $5,015 per unit for single family units less than 2,400 sf (in lieu of the pre -November 1, 2019 rate of $5,068 per unit) and at the pre -November 1, 2019 rate of $5,068 per unit for single family units 2,400 and greater (in lieu of the increased rate of $6,129 for single family units from 2,400 sf to 3,499 sf and the increased rate of $6,222 per unit for single family units 3,500 sf and greater). d. By way of further example and for illustration purposes, if the Credit Receipt Date for Future Credits is November 1, 2020: (i) such Future Credits will be applied against the applicable impact fee rates that are in effect on November 1, 2020, notwithstanding that the Existing Credits are applied as set forth in subsection (c) above, and (ii) as to such Future Credits, the Impact Fee Credit Law shall only apply to increases in impact fee rates which become effective after the Credit Receipt Date. Section 3. Recordability of Amendment. This Amendment shall be recorded by the County in the Public Records of St. Lucie County. Section 4. Amendment. The terms and provisions of this Amendment are intended to and shall supersede any terms and provisions to the contrary contained in the Agreement. Except as specifically amended by this Amendment, the terms and provisions of the Agreement are hereby ratified and confirmed and shall remain in full force and effect. s: ATTYWGREEMNT\Riverland Kennedy, LLC - I to Impact Fee Settlement Agreement 2 Page 93 of 220 Cos-02-660 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Signed, sealed and delivered in the presence of - ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA LE Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney [Signatures continued on following page] sAATTYWGREEMNT\Riverland Kennedy, LLC - I to Impact Fee Settlement Agreement 3 Page 94 of 220 C08-02-660 RIVERLAND/KENNEDY, LLC, a Florida limited liability company Alan Fant, Vice President s:\ATTYWGREEMNT\Riverland Kennedy, LLC - I to Impact Fee Settlement Agreement 4 Page 95 of 220 r LucE AGENDA REQUEST 0 TO: Board of County Commissioners PRESENTED BY: Daniel McIntyre, County Attorney SUBMITTED BY: County Attorney 8.B.4. RES-2020-23 CONSENT AGENDA - COUNTY ATTORNEY DATE: 2/4/2020 *RESOLUTION ITEM - IN SUPPORT OF QUASI-JUDICIAL ITEM? NO SUBJECT: Resolution No. 20-023 - A Resolution in Support of Florida Senator Debbie Mayfield and Representative Sirois" Legislation Entitled High Speed Passenger Rail Safety Act BACKGROUND: It has been requested that this Board pass a resolution in support of Florida Senator Debbie Mayfield and Representative Sirois" legislation entitled High Speed Passenger Rail Safety Act. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the resolution and authorize the Chair to sign the resolution. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Page 96 of 220 Coordination/Signatures J� Date: January 28, 2020 Daniel McIntyre, County Attorney Date: January 28, 2020 Howard Tipton, County Administrator Page 97 of 220 RESOLUTION NO. 20-023 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY IN SUPPORT OF FLORIDA SENATOR DEBBIE MAYFIELD AND REPRESENTATIVE TYLOR SIROIS' LEGISLATION ENTITLED HIGH SPEED PASSENGER RAIL SAFETY ACT WHEREAS, the Florida Office of Public Policy and Government Oversight (OPPAGA) used funds set aside in the State Budget for fiscal year 2018/2019 to contract with CPCS Transcom, an international transportation and power infrastructure consulting group, to conduct a study of Florida passenger rail systems; and WHEREAS, CPCS released its findings in late 2018, which encompassed an inventory of all existing and future passenger rail systems in the state, the accident and incident reports of each and an overview of the jurisdictions that regulate passenger rail including federal, state, regional and local levels; and WHEREAS, the CPCS Passenger Rail Study identified a major issue in the state of Florida regarding the high rate of severe injuries and fatalities and high levels of trespassing incidents on railroad right of ways due to rail services operating in dense urban areas; and WHEREAS, the CPCS Passenger Rail Study identified gaps in regulations specific to higher -speed rail operations and noting there is a glaring absence of regulations governing higher speed rail systems operating between 80 and 125 mph including All Aboard Florida (Brightline/Virgin Trains); and WHEREAS, the CPCS Passenger Rail Study identified the need to clarify FDOT's mandate on oversight of passenger rail with respect to maintenance, safety, revitalization, and expansion as the department is given an explicit role to oversee rail planning and implementation" through the Passenger Rail Investment and Improvement Act of 2008; and WHEREAS, the CPCS Passenger Rail Study found the lack of resources for local governments for planning rail projects as evidenced by the municipalities which are financially and technically overburden by massive changes to their infrastructure including roadways and grade crossings; and WHEREAS, Brightline/Virgin Trains has experienced over 30 deaths on its rails in 2019 while going a maximum speed of 79 mph before the service reaches speeds up to 110 mph in St. Lucie County; and WHEREAS, St. Lucie County has 48 at -grade crossings on the FECR corridor, shared by Brightline/Virgin Trains, all of which will be impacted with the expansion of double tracking for the higher speed rail on its route to the Orlando airport; and Page 98 of 220 WHEREAS, the Federal Railroad Administration has approved the transport of hazardous materials on the FECR route including Liquefied Natural Gas; and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County Florida that: 1. The St. Lucie County Board of County Commissioners supports Florida Senator Debbie Mayfield and Florida Representative Tyler Sirois' legislation, the High Speed Rail Safety Senate Bill 676 and House Bill 465 now before the Florida House and Senate. 2. The St. Lucie County Board of County Commissioners encourages Governor DeSantis to address the high number of deaths on all forms of rail systems in Florida and direct the FL Department of Transportation to develop plans for reducing the number of deaths, accidents and derailments. 3. The St. Lucie County Board of County Commissioners encourages Governor DeSantis to direct FDOT to consider all other safety enhancements that will save the lives, the livelihoods and the tax dollars of all Florida residents. PASSED AND DULY ADOPTED this 4t" day February 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Page 99 of 220 EXHIBIT "H" _ N 0 0.45 0.9 0 8{J4 1,780 Milesy Feet V l{ 1 f, ate:, rr � I Ai--r A R E# OR ;je COURty N Railroad Crossing orida 4. Ownership t. Lucie Counter Crossing RR Crossings :e4n or.'etxArea � pity of Fort Piefce grossing RR Crossings _ Private Crossing FDDT Crossing RR t_ Lucie pillage Crossing Page 100 of 220 r Luc a- AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Mark Wishard, Human Resource & Risk Manager SUBMITTED BY: Human Resources & Risk Division 8.C.1. 2020-47517 CONSENT AGENDA - HUMAN RESOURCES DATE: 2/4/2020 *ACTION ITEM - BOARD APPROVAL SUBJECT: Requesting Board approval to offer medical imaging services for SLC employees and dependents through CareHere. BACKGROUND: CareHere will offer imaging services to our employees and their dependents at no cost to the employee for a trial period of one year. Diagnostic services will be provided by Diagnostic Radiology Center of the Treasure Coast in Ft. Pierce. The rate billed for all diagnostic services will be capped at 85% of the Medicare allowable rate. Through the use of CareHere for imaging services we anticipate a savings for our County medical plan and a savings for our employees. From 01/01/2018 through 09/30/2019 the Plan paid out $182,588.89 for imaging services. The new rate of 85% of Medicare allowable could have been a savings of $27,388.34. Staff anticipates a similar savings if approved. PREVIOUS ACTION: N/A FINANCIAL IMPACT: There is sufficient funding for this Agreement for diagnostic services in our health insurance plan. RECOMMENDATION: Staff recommends approval to enter into an agreement with CareHere and Diagnostic Radiology Center of the Treasure Coast to offer diagnostic services to our employees and dependents. COMMISSION ACTION: RESULT: MOVER: None Page 101 of 220 SECONDER: None AYES: None NAYS: None EXCUSED: None Douglas Baber, Interim Director Coordination/Signatures Date: January 23, 2020 Date: January 24, 2020 Daniel McIntyre, County Attorney Date: January 27, 2020 Howard Tipton, County Administrator Page 102 of 220 CareM�e,l Agreement For Diagnostic Imaging Services THIS AGREEMENT FOR DIAGNOSTIC IMAGING SERVICES, (the "Agreement") is made and entered into as of 2/1/20 by and between Diagnostic Radiology Center of the Treasure Coast Inc. (dba DRCTC) ("Center"), and CareHere, LLC a Limited Liability ("CareHere") RECITALS WHEREAS, CareHere has an obligation for the provision of certain medical services to the employees and dependents (together, employees and dependents are herein referred to as "Patients") of ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ("Client"); WHEREAS, CareHere and Client desire Center to provide, and Center is willing to provide, diagnostic imaging services to Patients on the terms and conditions set forth in the agreement; and WHEREAS, Center agrees that referrals for the services may come from either CareHere or a third party providing services to the Patients and the payer for the services will be Client. NOW, THEREFORE, in consideration of the foregoing and mutual covenants and agreements contained herein, and the parties hereby agree as follows: ARTICLE I- SERVICES 1.01 Services to be Rendered. Upon the request of CareHere or a third party providing services to the Patients where the Patient denotes their relationship with CareHere and Client pursuant to Section 1.02(b), Center shall provide Patients with diagnostic imaging services. All Services shall be provided in accordance with the Center's policies and procedures and during Center's operating hours. Center shall provide all personnel, equipment and supplies necessary to perform Services. All personnel shall be licensed and/or certified as may be required by state and federal law. Center shall arrange for independent contract physicians to provide the reading and interpretation of all test and procedures performed, which shall be included as a component of the Services, although Center shall not exercise any control or direction over physicians' performance of medical functions. a) Referrals by CareHere. When Patients are referred by CareHere, CareHere shall provide such referral to Center using a CareHere form or other method agreed to by CareHere and Center. b) Referrals by Third Party. When Patient are referred by a third party, Patient shall present a specific card, created by CareHere and Client, denoting the Patient's relationship with CareHere and Client. CareHere and Client reserve the right to adjust or modify the card upon written notice to Center. 1.02 Non -Exclusivity. Both CareHere and Center have the right to provide and receive the Services to or from other third party entities. Nothing in this Agreement shall require CareHere to exclusively utilize Center for the Services, nor shall Center be excluded from providing the Services to third parties, Page 103 of 220 CareM�e,l! ARTICLE II- COMPENSATION 2.01. Compensation of Services. For Services provided by Center pursuant to this Agreement, Client shall pay Center those fees set forth in Exhibit A. Client agrees to pay Center within thirty (30) days following receipt of a monthly invoice. Client agrees to pay Center interest on all delinquent amounts due at a rate of fifteen percent (15%) per annum or the maximum rate permitted by law whichever is less. In addition to payment of interest, in the event Client fails to pay amounts due, Center may immediately cease providing services under this Agreement. 2.02. Billing and Collections. Center shall bill Client for Services rendered under this Agreement on a monthly basis and provide a copy of such bill to CareHere. The monthly invoice provided by Center to Client shall identify the services performed by the Center hereunder during the proceeding billing period. The invoice shall include current CPT coding and/or HCPCS coding, current ICD 10 coding, revenue codes and detail, whichever is applicable and the appropriate fee in accordance with Exhibit A and whether the Patients were referred by CareHere or a third party. The parties hereto agree that CareHere shall be the only person or entity billed by Center for Services rendered, and that the CareHere shall be exclusively responsible for payment for all Services provided to the Patients. Center shall look solely to the CareHere for payment of Services rendered to Patients pursuant to this Agreement and CareHere agrees that CareHere shall be solely responsible for paying for Services rendered to Patients by Center. ARTICLE III- TERM AND TERMINATION 3.01. Term. The term of this Agreement shall be for the period of one (1) year commencing on the date first above written, and may be renewed for successive one (1) year periods, subject to termination in accordance with Section 3.02. 3.02. Termination. Either party may terminate this Agreement with or without cause, upon thirty (30) days' written notice to the other party. In the event of default by either party in the performance of its obligations hereunder, the other party may terminate this Agreement by giving thirty (30) days' written notice. The non - faulting party shall set forth in the notice required hereunder the facts underlying its claim that the other party is in default of this Agreement. If such default is remedied within twenty (20) days of the receipt of such notice, this Agreement shall remain in effect the remainder of its term, subject to future bases of termination, including subsequent defaults of this Agreement. 3.03. Discontinuance of Service. In the event that a specific service set forth in Exhibit A is no longer available for any reason at its locations, Center will notify CareHere in writing of such discontinuance and this Agreement will continue in full force and effect only with respect to all other services available at such locations and covered by this Agreement. Any discontinuance of service(s) pursuant to this Section shall not constitute a material breach of this Agreement. ARTICLE IV- RECORDS 4.01. Ownership of Records. All financial records, corporate records, patient records, medical files, written procedures and other such items created by the Center in connection with Services provided hereunder shall be and remain the property of the Center. Such records and files shall be stored by the Center for such a period of time as may be required by state and federal law. Until the expiration of four (4) years after furnishing of services under this Agreement, and any extension thereof, Center will make this Agreement and its books, documents and records available to the United States Secretary of Health and Human Services or to the Comptroller General or to their duly authorized representative, to the extent required by 42 U.S.C. 1395x (v) (1) and 42 C.F.R. 420, subpart D, if it is determined that such act and the implementing regulations apply to and affect this Agreement. If the Page 104 of 220 Carek*,ee,-,r,e,1 Center carries out the duties of this Agreement through a subcontract, the subcontract will, to the extent required by applicable law, contain provisions permitting access by the Secretary, the Comptroller General and their representatives to books, documents and records of the subcontractor. 4.02. Public Records: CareHere and Center shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by CareHere and Center in conjunction with this Contract. Specifically, CareHere and Center shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the Client in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the Client would provide the records and at a cost that does not exceed the cost provided in state law or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the Client all public records in possession of CareHere and Center upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Client in a format that is compatible with the information technology system of the Client. IF CAREHERE AND CENTER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CAREHERE AND CENTER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CLIENT'S CUSTODIAN OF PUBLIC RECORDS AT (772)462-1441, BELLAMYS@STLUCIECO.ORG, COUNTY ATTORNEY'S OFFICE 2300 VIRGINIA AVENUE, FORT PIERCE, FL 34982 4.03 Confidentiality of Records. All patient records and data related to Services rendered will be kept in the strictest confidence by Center and CareHere, except when disclosure of such information is required or permitted by any federal, state or local law, regulation or governmental order. 4.04 Proprietary Information. All proprietary information (in various media and forms), as reasonably determined by -the -party disclosing such information, shall remain the property of the disclosing party. Each party will hold such proprietary information of the other party in the strictest of confidence and will not, without written consent of the disclosing party disclose it or allow it to be disclosed, directly or indirectly, to any third party except as required by law. This provision shall survive any termination or expiration of this Agreement. 4.05 HIPAA Compliance. Both parties agree to comply with the applicable provisions of the Administrative Simplification section of the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. Section 1320d-1 through 8 ("HIPAA Statute"), and the regulations promulgated thereunder including without limitation the federal privacy regulations contained in 45 CFR part 142 ('Federal Security Regulations"), the federal security standards contained in 45 CFR Parts 160 and 162 ("Federal Transaction Set Regulations") (collectively, "HIPAA" ). The parties agree not to use or disclose any protected health information as defined in 45 CFR 164.504. Page 105 of 220 Car�! e� or individually identifiable health information, as defined in 42 U.S.C. Section 1320d (collectively "Protected Health Information"), concerning a patient other than as permitted by HIPAA and applicable State law, and the parties agree to implement appropriate safe guards to prevent the unauthorized use or disclosure of patient's Protected Health Information in accordance with HIPAA and State law. In addition, both parties shall negotiate in good faith regarding any modifications to this Agreement that either party believes be required pursuant to HIPAA. Each party shall make its internal practices, books and records relative to Human Services to the extent required for determining compliance with HIPAA. Notwithstanding the foregoing, no attorney -client, accountant -client, or other legal privilege shall be deemed waived by either party by virtue of this Section. ARTICLE V- GENERAL PROVISIONS 5.01. Independent Contractor. In the performance of the duties and obligations imposed by Center under this Agreement, it is mutually agreed that Center, acting through its own employees or subcontractors is, and at all time shall be, acting as an independent contractor engaged in the business of furnishing Services to Patients of CareHere. CareHere shall neither have norexercise control ordirection overthe methods by which Center and its employees or subcontractors shall perform their duties and obligations arising hereunder. This agreement is not, and shall not be considered, and employer -employee relationship, joint venture or partnership of any kind, and neither party shall represent to any third persons that any such relationship exists. 5.02. Insurance. During the term of this Agreement, Center shall maintain general and public liability insurance with liability limits of not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate, insuring against liability of Center and its employees, invitees and agents arising out of connection with Services provided to CareHere and its Patients. 5.03. Compliance with Laws/ Governing Law. The parties agree that each party will perform its obligations under this Agreement in accordance with applicable federal and state statutes as may be in effect from time to time. This Agreement shall in all respects be interpreted, enforced and governed by the laws of the State of Florida, Nineteenth Judicial Circuit. 5.04. Severability. The provisions of this Agreement shall be severable, and if any provision shall be prohibited by law, or invalid, or unenforceable in whole or in part for any reason, the remaining provisions shall remain in full force and effect. 5.05. No Waiver. The waiver by either party of a breach or violation of any provision of this Agreement shall not operate as or be construed to be a continuing waiver or a waiver of any subsequent breach of either the same or any other provision of this Agreement. 5.06. Notices. Any notice required hereunder shall be in writing and shall be deemed effective (i) four (4) days after deposit in_ the_ U.S. mail, with proper postage paid, when sent by registered or certified mail, return receipt requested; (ii) when sent after receipt of confirmation if sent by facsimile transmission; (iii) one (1) business day after deposit with a reputable overnight courier with all charges prepaid; or (iv) when delivered, if personally delivered, to either party at its address set forth below or at such other address as either party may designate in writing. 5.07. Entire Agreement: Amendment. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained herein and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, amendment or modification of this Agreement shall be binding unless executed in writing by the parties. Page 106 of 220 Careh�ve-,l 5.08. Captions: Gender and Number. All captions or headings contained in this Agreement are for convenience only and shall not be used for the interpretation of this Agreement. Whenever the context requires, the gender of all words shall include the masculine, feminine and neuter, and the number of all words shall include the singular and the plural. 5.09. Binding Agreement: Assignment. Neither party may assign any of its rights or delegate any of its duties under this Agreement without the express prior written consent of the other party; provided, however, that nothing herein shall prohibit Center from transferring any of its rights or obligations here under to another entity which it controls, is controlled by, or is under common control with Center. This Agreement shall be binding upon, and shall inure to the benefit of, the parties to it, their respective legal representatives, successors and assigns. 5.10. Participation in Federal and State Programs. CareHere represents that it is not debarred, suspended, excluded or otherwise ineligible to participate in any federal or state program. CareHere agrees to notify Center in writing within five (5) days should CareHere become debarred, suspended, excluded or otherwise ineligible to participate in any federal or state program, Center may terminate this Agreement immediately upon written notice to CareHere. IN WITNESS WHERE OF, the parties hereto have executed this Agreement on the day and year first written above. "CENTER" Diagnostic the Trdiology of�oVaoas7 By: Name: Title: i`ilaL)fs1��%G:f�i/1 /� n Address: Z � k�L ?2qe7V� Facsimile Number: "CAREHERE" CareHere; LLC. By: Name: 4 Title: 04 Address: PJYVA - =-W4 Facsimile Number - "CLIENT" (as it relates to its responsibilities under Article I and Article II) By: Name: Cathy Townsend Title: CHAIR Address: 2300 Virginia Avenue Fort Pierce, Florida 34982 Facsimile Number: Approved as to Form and Correctness: By: Title: County Attorney Page 107 of 220 C a r e��! Exhibit A Global Fee Schedule: Diagnostic Imaging These rates apply to Services for Patients referred to Center by CareHere Health Center providers. The rate for all services will be capped at 85% of the Medicare allowable rate. An example of this is provided below. 85% of Medicare Rates on all services. Rates based on current calendar year Medicare rates. Updated Medicare Fee Schedule to be sent to alovd@carehere.com per calendar year. CPT Description Medicare Allowable 85% of Medicare Allowable 70450 CT Head - WO $120.23 $102.20 74150 CT ABD - WO $155.66 $132.31 74170 CT ABD - W-WO $279.85 $239.87 72192 CT Pelvis - WO $155.66 $132.31 72194 CT Pelvis - W-WO $274.54 $233.36 74178 CTAbd/PeI - W-WO $372.99 $317.04 70490 CT Soft Tissue - WO $170.57 $144.98 71250 CT Chest - WO $164.79 $140.07 71260 CT Chest - W $203.41 $172.90 71270 CT Chest - W-WO $241.20 $205.02 Page 108 of 220 r Luc a- AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: County Attorney 9.A.1. 2020-47616 PUBLIC HEARINGS - COUNTY ATTORNEY DATE: 2/4/2020 *ACTION ITEM - ABANDONMENT SUBJECT: Public Hearing to Abandon a Portion of Whiteway Dairy Road in Section 18, Township 35 South, Range 40 East BACKGROUND: Guettler Holdings, LLC request to abandon Whiteway Dairy Road adjacent to their property located at 4401 Whiteway Dairy Road. Whiteway Dairy Road is an existing 30' right-of-way deeded to the County in 1927 for the purpose of a right- of-way and easement in and to said lands for public highway purposes. It is an unpaved roadway maintained by St. Lucie County and provides access to property adjacent to the roadway and connectivity and circulation between properties on Swain Road to Hartman Road. On October 22, 2019, the Board of County Commissioners approved Permission to Advertise a Public Hearing to be held on December 3, 2019 at 6:00 p.m., or as soon thereafter as the item may be heard. On November 14, 2019, a Notice of Public Hearing was advertised in the St. Lucie News Tribune. On December 3, 2019, the Board of County Commissioners approved continuing the Public Hearing to February 4, 2020 at 6:00 p.m., or as soon thereafter as the item may be heard. On January 14, 2020, County staff held a meeting with Guettler Holdings, LLC and Robert V. Schwerer, Esq. to discuss additional information regarding White Way Dairy Road. County staff received the attached letter from Robert V. Schwerer, Esq. on behalf of his client Guettler Holdings, LLC requesting a postponement of the Public Hearing to March 3, 2020 at 6:00 p.m., or as soon thereafter as the item may be heard, to allow County staff to review the information received. I21441L@0ll3eL4kliLein Page 109 of 220 October 22, 2019 - Board of County Commissioners approved Permission to Advertise a Public Hearing to be held on December 3, 2019 at 6:00 p.m., or as soon thereafter as the item may be heard. On December 3, 2019, the Board of County Commissioners approved continuing the Public Hearing to February 4, 2020 at 6:00 p.m., or as soon thereafter as the item may be heard. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board accept the request from the applicant to continue the Public Hearing to March 3, 2020 at 6:00 p.m., or as soon thereafter as the item may be heard. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures W'4�' Date: January 23, 2020 Daniel McIntyre, County Attorney Gf �s Date: January 24, 2020 Mark Satterlee, Deputy County Administrator Page 110 of 220 HAYSKAR, WALKER, SCHWERER, DUNDAS & McCAIN, P.A. ATTORNEYS AT LAW GARRISON M. DUNDAS STEPHEN G. HAYSKAR STEVEN R. McCAIN (1949-2016) ROBERT V. SCHWERER JAMES T. WALKER January 15, 2020 via email — mcindkstlucieco.org and U.S. Mail First Class Postage Prepaid Daniel S. McIntyre, County Attorney St. Lucie County Administration Annex 2300 Virginia Avenue Fort Pierce, FL 34982 RENAISSANCE FINANCIAL CENTER 130 SOUTH INDIAN RIVER DRIVE, SUITE 304 FORT PIERCE, FLORIDA 34950 TELEPHONE: (772) 461-2310 FAX (772) 461-6790 RE: Guettler Holdings, LLC Petition for Abandonment of 30' White Way Dairy Road Dear Dan: In view of the extremely short time frame for Staff to reconsider its analysis and recommendations relating to our Petition, it is thought that a postponement of this item from the February 2020 meeting of the BOCC is in order. Be advised that the applicant, Guettler Holdings, LLC, is in agreement with postponement. Please undertake the necessary action to secure a postponement of this item. Thank you for your continuing cooperation. ESQUIRE RVS:jas Attachment cc: Ben Guettler, Mgr. Guettler Holdings, LLC (via email) JoAnn Riley, County Property Acquisition Manager (via email) Page 111 of 220 Saint Lucie County Property Appraiser September 23, 2019 1:18,056 500 1,000 2,000 ft 225 450 900 m Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P. NRCan, Esri Japan, METI, Esri China [Hong Kong], Esri Korea, Esri [Thailand;, NGCC, {c} OpenStreetMap contributors, and [he GIS User Community, GPI Geospaiial, Inc. Page 112 of 220 -- Alp IR �� ,�► �, M Request for Abandonment Whiteway Dairy Rd 1 fk I y 6,�r Y,�•� � Ted. • . �0 ,-A r 4 N Abandonment Area ' Parcel 2418-421-0010-000-5 0 180 360eet Map prepared April 3, 2019 PagckeYiIIIflodvr22Gh s 493 nj BAST COAST OATTLE COMPANY 3IOHT-OF-WAY DEED To COUNTY OF ST. LUOIE THIS INDENTURE, Made this the second day of June, A. D. 1927, between The East Coast Cattle Company, a corporation. party of the first part, and the County of St. Lucie. in the State of Florida. party of the second part. Q. WITNE333TH: That the said party of the first part, for and in consideration of the sum of One Dollar ($1.00) and other valuable considerations to it in hand paid by the party of the second part, the receipt whereof is hereby acknowledged. has granted. bargained and sold, and by these presents does grant. bargain and sell to the said party of the second part, its suocessors and assigns. a right-of-way and easement THIRTY (30.0) feet wide in section 18 & 17 Township 3b South. of Range 40 last, in at. Lucia County, Florida. described as follows. to -wit: The South Thirty feet of the Borth Seventy Four and one half feet of the north seat quarter of the north east quarter of the south went quarter.'and - the South Thirty feet of the North Seventy Eight feet of the south east quarter . all in Sec. 18 - T. 36 S.. R. 40 E.. and - the South Thirty feet of the north Seventy Fight feet of the north west quarter of the south west quarter of section 17 - T. 36 S., R. 40 F.. oontalning in all 3.18 acres, more or less. This deed is made for the purpose of giving and granting to the party of the second -part, its successors. legal representatives and assigns, a right-of-way and easement in and to said lands for public highway purposes; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway the title to the same shall thereupon revert to and revert in the party of the first part, its successors or assigns. IH WITNESS WHEREOF, the said party of the first part has caused its name and seal to be set -, attested by its proper officers , Corp. seal) Signed, sealed and delty in the presence of: R. N. Loblegard W. B. HoMurtray STAT? OF Florida COUNTY OF St. Lucie this the day and year first above written. EAST COAST CATTLE CCUPANY BY-. C. F. Rauleraon (Seal) President. BY -, Louise Rauleraon (deal) Secretary I HEREBY CERTIFY. that on this day personally appeared before me, C. F. Rauleraon and Louise 8aulerson to me well known and by me known to be the President and Secretary, respeotivel%. of The Bast Coast Cattle Company. a corporation, and the persons who executed the foregoing instrument as such officers of said corporation, and they acknowledged to and before me that they executed the same as such officers of said corporation, for and on its behalf. for the uses and purposde therein expressed. I9 WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal at Fort Pierce said County and State, this End day of June, A. D. 1927. r-� A. B. MoMurtray (11 . P. Sal Notary Public Hy Commission expires De0. 140, 19E8. a LUCE L o Q TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Jodi Nentwick, Senior Planner Planning & Development Services 9.B.1. ORD-2020-6 PUBLIC HEARINGS - PLANNING & DEVELOPMENT SERVICES DATE: 2/4/2020 *ORDINANCE ITEM - LAND DEVELOPMENT CODE TEXT AMENDMENT QUASI-JUDICIAL ITEM? NO Proposed Text Amendment to the Land Development Code, Section 3.01.03.Q. CN, Commercial Neighborhood to allow for Self -Storage Facilities Limited to Enclosed Storage as a Conditional Use - First Reading The applicant, Jeremiah Baron & Co, Commercial Real Estate LLC, is requesting approval of a Text Amendment to the Land Development Code, Section 3.01.03.Q. CN, Commercial Neighborhood to allow for self -storage facilities limited to enclosed storage as a conditional use within the Commercial Neighborhood Zoning District. PREVIOUS ACTION: November 21, 2019 Planning and Zoning Commission Meeting, the Commission granted the request by the applicant to postpone review until the January 16, 2020 meeting. January 16, 2020 Planning and Zoning Commission Meeting, the Commission voted 7-1 in favor to recommend the proposed amendment. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board authorization to schedule the second Public Hearing for the Land Development Code Text Amendment for Self -Storage Limited to an Enclosed Facilities as an eligible Conditional Use within the Page 115 of 220 CN, Commercial Neighborhood Zoning District Ordinance No. 2020-06 on March 3, 2020 at 6:00 P.M., or as soon thereafter as possible. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures [REVIEWERS_APPROVERS_ONLY_SIG_VERT Page 116 of 220 Planning and Development Services Department Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Leslie Olson, AICP, Director Ben Balcer, Assistant Director FROM: Jodi Nentwick, Senior Planner DATE: January 20, 2020 SUBJECT: Text Amendment to the Land Development Code (Commercial Neighborhood) The applicant, Jeremiah Baron & Co., Commercial Real Estate, LLC, has filed a petition for a Text Amendment to the Land Development Code (LDC), to allow Self -Storage Enclosed Facility as a Conditional Use Permit and Minor Site Plan within the Commercial Neighborhood (CN) Zoning District. The proposed text amends Section 3.01.03.Q of the LDC to allow self -storage facilities, limited to enclosed storage, as an eligible conditional use within the CN Zoning District. The purpose of the CN Zoning District is to provide suitable, limited retail trade and service activities, intended to serve the population living in surrounding neighborhoods. BACKGROUND INFORMATION The amendment would allow petitions for this use to follow the Conditional Use (CU) process set forth in Section 11.07.00 of the LDC. The purpose of the CU process is to provide for uses that are generally compatible with the characteristics of a zoning district, but require individual review of their location, design, intensity, configuration, and public facility impact to determine the appropriateness of the use on a site and compatibility with adjacent uses. The Board of County Commissioners (BOCC), with review standards in the CU permit process, may further impose conditions, limitations and requirements to a CU permit as necessary to achieve the intent and purpose of the LDC and the St. Lucie County Comprehensive Plan. The CU process requires public hearings for review and recommendation before the Planning and Zoning Commission and final decision before the BOCC. Neighbors within 500 feet of the CU location will be notified by mail with a public hearing notice, in addition to a CU response form requesting written input. If more than fifty percent (50%) of notified property owners are not in favor, the CU will only be approved through a 4/5' vote of the BOCC. Additionally, a CU requires notice via posting of the property and a display advertisement in the local newspaper in accordance with LDC Section 11.00.03. ST. LUCIE WORK Page 117 of 220 TLDC-8201925592 LDC Text Amendment January 20, 2020 Page 2 Staff Analysis STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE LDC, Section 11.06.03 establishes the standards for reviewing a proposed text amendment. In reviewing an application for a text amendment, the Planning and Zoning Commission and the Board of County Commissioners shall consider: 1. Whether the proposed amendment is in conflict with any applicable portions of the St. Lucie County Comprehensive Plan and/or the Land Development Code; Compliance with Comprehensive Plan The proposed Text Amendment to the LDC is consistent with the Comprehensive Plan and is internally consistent with the remainder of the Land Development Code. The following specific goals, objectives and policies from the Comprehensive Plan support the proposed amendment: Goal 1.1: Ensure the highest quality living environment possible, though a mixture of land uses reflecting the needs and desires of the local residents and how they want their community to develop. The goal shall be implemented by strictly enforced building, zoning and development codes based on objectives and policies that will enhance St. Lucie County's natural and manmade resources while minimizing any damage or threat of degradation to the health, safety and welfare of the county's citizen, native wildlife and environment, through incompatible land uses. The amendment will allow the proposal of additional limited commercial activities to serve residents the surrounding residents, with the safeguards of the CU process. Objective 1.1.10: Commercial Areas. St. Lucie County shall provide for the establishment of commercial zoning districts where various types of commercial retail, including commercial uses for retail trade, office and service activities and general commercial uses for highway -orientated sales and services; light industrial services uses, and hotel uses may be permitted at intensities which are consistent and compatible with the surrounding community and the natural environment. Policy 1.1.10.2 — Require effective visual and light diffusion barriers between residential and non- residential uses. Standards and requirements for such barriers are to be included in the landscaping and screening regulations of the St. Lucie County Land Development Code. A development proposing a CU for an indoor self -storage facility shall prepare a development plan, which furthers these Comprehensive Plan policies. Comprehensive Plan Objectives and Policies provide further standards of review for site -specific proposals. Pursuant to LDC Section 3.01.03.Q.1. The purpose of the CN District is to provide and protect an environment suitable for limited retail trade and service activities covering a relatively small area, intended to serve the population living in surrounding neighborhoods. ST. LUCIE Page 118 of 220 TLDC-8201925592 LDC Text Amendment January 20, 2020 Page 3 Table 1, below, presents eligible uses in the CN: Permitted Uses: Conditional Uses: Beauty and barber services Car washes (self-service only) Membership organizations Day care adult and child Depository institutions Postal services Laundering and dry cleaning (self service) Retail trade: Gasoline services accessory to retail food stores, un-distilled alcoholic beverages accessory to retail sale of food Repair services includes electrical repair, shoe Telecommunication towers repair, jewelry repair Retail trade (each building shall be less than 6,000 square feet gross floor area) including eating places, food stores, sporting goods, household appliances, tobacco products, nurseries, lawn and garden, low THC medical marijuana dispensing facilities A self -storage facility is considered a less intensive, passive, use than permitted uses (i.e. sporting goods store, food store, and household appliance store) in the CN Zoning District. Self -storage involves the renting space for personal storage, which is different from other types of commercial property -related leasing warehousing. Self -storage is different than long-term portable storage units or warehousing, because it provides direct tenant access to individual units or designated storage spaces. Self -storage facilities do not involve multiple employees or extensive use of heavy equipment. Self -storage, centered on consumer use for household goods, cars, and boats, within fully enclosed structures may support access to needed services by residents. 2. Whether and the extent to which the proposed amendment is inconsistent with the existing and proposed land uses; The proposed Text Amendment to the LDC is not site specific but applies to the CN Zoning District. If approved, a CU for a self -storage facility must be approved by the BOCC. The CU process ensures any proposed self -storage facilities limited to enclosed storage will be reviewed in context to the surrounding neighborhood through review of the location, design, intensity, configuration, and public facility impact in order to determine the appropriateness of the use and its compatibility with adjacent uses. The amendment would enable pursuit of the use via a Planned Non -Residential Development (PNRD)/Conditional Use, with standards of review and development requirements in place as safeguards. A PNRD achieves non-residential land development of superior quality through the encouragement of flexibility and creativity in design options in accordance with LDC Section 7.02.00. 3. Whether there have been changed conditions that require an amendment; The applicant indicated a need to provide more storage availability within close proximately to surrounding residential neighborhoods, which ultimately reduces vehicle miles traveled. According to the Institute of Transportation Engineers (ITE), self -storage has one of the lowest trip generation rates of most common commercial and industrial land uses. ST. LUCIE Page 119 of 220 TLDC-8201925592 LDC Text Amendment January 20, 2020 Page 4 Within the CN Zoning District, general commercial areas are limited, therefore enabling the use as of CU provides an opportunity to support demanded neighborhood services, with oversight of context, scale, and operational specifics. 4. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency facilities; Site specific facility impacts, will be evaluated at the time of the CN and Site Plan application. All future development proposals for the use in the CN are required to adhere to Land Development Code Section 11.07.03 — Standards of Review of Conditional Uses Permits and Section 11.02.00 — Procedures for Site Plan Review. 5. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; Site specific environmental impacts will be addressed at the time of the Conditional Use application. CU proposals and associated development are required to adhere to current environmental resource protection standards. 6. Whether and the extent to which the proposed amendment would adversely affect the property values in the area; Site specific neighborhood impacts will be addressed at the time of CU and Site Plan application. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative effects of such patterns; Effects to development patterns will be addressed through site -specific CU and Site Plan applications. The proposed amendment is limited to enclosed self -storage, within the CN Zoning District, intended to serve the surrounding residential neighborhood. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this code; The proposed amendment adheres to the public interest and is in harmony with the purpose and intent of this Code and the Goals and Objectives of the Comprehensive Plan. Potential conflicts with public interests associated with a site -specific development will be addressed during the CU process. 9. Any other matters that may be deemed appropriate by the Planning and Zoning Commission or the Board of County Commissioners, in review and consideration of the propose amendment. The Planning and Zoning Commission and the Board of County may raise other matters regarding this proposed text amendment to the Land Development Code at the public hearing. ST. LUCIE Page 120 of 220 TLDC-8201925592 LDC Text Amendment January 20, 2020 Page 5 Analvsis Summarv: Based upon staff analysis contained in this memorandum, the proposed Text Amendment to the Land Development Code is consistent with Land Development Code and the St. Lucie County Comprehensive Plan. The proposed amendment allows amenities adjacent to residential areas, within properties zoned Commercial Neighborhood, while retaining safeguards in considering specific design, scale, context, buffering and operations to support compatibility. All future proposals for the use in the CN Zoning District are required to adhere to Land Development Code Section 7.10.24 — Community Architectural Standards. PUBLIC NOTICE: On January 24, 2020, this item was advertisement displayed in the local newspaper specifying the Board of County Commissioner's Pubic Hearing. PLANNING & ZONING COMMISSION: November 21, 2019 Planning and Zoning Commission Meeting, the Commission granted the request by the applicant to postpone review until the Janaury 16, 2020 meeting. Janaury 16, 2020 Planning and Zoning Commission Meetign, the Commission voted 7-1 in favor to recommend the proposed amendment. STAFF RECOMMENDATION Staff recommends the Board authorization to schedule the second Public for the Land Development Code Text for Self -Storage Enclosed Facility as an eligible Conditional Use with the CN, Commercial Neighborhood Zoning District Ordinance No. 2020-06 on March 3, 2020 at 6:00 P.M., or soon thereafter as possible. ST. LUCIE Page 121 of 220 ORDINANCE No. 2020-02 FILE NO.: TLDC-8201925592 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE, SECTION 3.01.03.Q. CN. COMMERCIAL NEIGHBORHOOD TO ALLOW SELF -STORAGE FACILITIES LIMITED TO ENCLOSED STORAGE AS A CONDITIONAL USE WITHIN THE COMMERCIAL NEIGHBORHOOD ZONING DISTRICT; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, (Board) based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. This Board is authorized by Section 125.01(1)(h), Florida Statutes, to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and, 3. This Board is authorized by Section 125.01(1)(t), Florida Statutes, to adopt ordinances and resolutions necessary for the exercise of its powers and to prescribe fines and penalties for the violations of ordinances in accordance with law. 4. On January 16, 2020, the Local Planning Agency/ Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing due notice in the St. Lucie News Tribune and recommended that the proposed ordinance be forwarded with a recommendation for approval. 5. On , 2020, this Board held the first public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 6. On , 2020, this Board held its second public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 7. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan, are internally consistent with the remainder of the Land Development Code and are in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. Page 1 Underline is for addition. Strikethreugh is for deletion. Page 122 of 220 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE ARE TO READ AS FOLLOWS: A. 3.01.03.Q. CN COMMERCIAL, NEIGHBORHOOD 7. Conditional Uses: a. Car washes (self service only) — subject to the provisions of Section 7.10.22 (999) b. Day care ;hg:- adult. (8322) — child. (8351) C. Postal service (4311) d. Retail trade: (1) Gasoline services — accessory to retail stores under SIC-5411. (999) (2) Unstilled alcoholic beverages accessory to retail of food. (5921- Except for liquor) e. Telecommunication towers — subject to the standards of Section 7.10.23. (999) f. Self -storage facility limited to enclosed storage, single -story in height, and intended to serve the population living in surrounding neighborhoods (999) PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This Ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. Page 2 Underline is for addition. Strikethreugh is for deletion. Page 123 of 220 PART F. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Cathy Townsend, Chair XXX Chris Dzadowsky, Vice Chair XXX Sean Mitchell, Commissioner XXX Linda Bartz, Commissioner XXX Frannie Hutchinson, Commissioner XXX PART H. CODIFICATION. Provisions of this Ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word 'ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this Ordinance may be renumbered or re -lettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. PASSED AND DULY ENACTED this day of 2020. Attest: Board of County Commissioners St. Lucie County, Florida Deputy Clerk By: Chair Approved As To Form and Correctness: By: County Attorney Page 3 Underline is for addition. Strikethreugh is for deletion. Page 124 of 220 3.01.03. - Zoning Districts. Q. CN COMMERCIAL, NEIGHBORHOOD. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for limited retail trade and service activities covering a relatively small area and that is intended to serve the population living in surrounding neighborhoods. The number in "( )" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses: a. Beauty and barber services. (723/724) b. Membership organizations subject to the provisions of Section 7.10.31. (86) c. Depository institutions. (60) d. Laundering and dry cleaning (self service). (7215) e. Real estate. (65) f. Repair services: (1) Electrical repair. (762) (2) Shoe repairs. (725) (3) Watch, clock, jewelry, and musical instrument repair. (7631) g. Retail trade (each building shall be less than 6,000 square feet gross floor area, all uses inclusive): (1) Antiques. (5932) (2) Apparel an accessories. (56) (3) Books and stationery. (5942/5943) (4) Cameras and photographic supplies. (5946) (5) Drugs and proprietary. (5912) (6) Eating places. (5812) (7) Florists. (5992) (8) Food stores. (54) (9) Gifts, novelties, and souvenirs. (5947) (10) Hobby, toy and game shops. (5945) (11) Household appliances. (572) (12) Jewelry. (5944) (13) Newspapers and magazines. (5994) (14) Optical goods. (5995) (15) Nurseries, lawn and garden supplies. (526) (16) Radios, TV's, consumer electronics and music supplies. (573) (17) Sporting goods and bicycles. (5941) (18) Tobacco products. (5993) Page 125 of 220 h. Video tape rental. (784) 1 Low THC and medical marijuana dispensing facility. The facility may not be located within five hundred (500) feet of the real property that comprises a public or private elementary school, middle school, or secondary school. 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking and Loading Requirements. Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses: a. Car washes (self service only) -subject to the provisions of Section 7.10.22. (999) b. Day care - adult. (8322) - child. (8351) c. Postal services. (4311) d. Retail trade: (1) Gasoline services - accessory to retail food stores under SIC-5411. (999) (2) Undistilled alcoholic beverages accessory to retail sale of food. (5921-Except for liquor) e. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. Drinking places (undistilled alcoholic beverages) accessory to an eating place. (999) b. One dwelling unit contained within the commercial building, for on -site security purposes. (999) Page 126 of 220 Commercial Neighborhood Zoning St Lucie County ��JT�Li3e+i4 Counry Map Date : 1 /24/2020 N \V E Page 127 of 220 real 1 6.8 1.9 .3 1 1.2 1.2 1 1.5 ' 2.6 1.7 1.2 1.7 G� � Il 1.3 1.1 1.1 1.9 Indrio,Rd / x Area St•t•ucie•81vd 14.4 G� y. 9.6 _ Juanita Ave 1.1 6 m o Y 1.2 Angle Rd r o N Area i0„i 9 Angle Rd CO, J G rip � Q x 1.7 1.5 Orange•Ave G L N Page 128 of 220 2.9 e � Ob r 0 o,FOe° 1.8 -Virginia-Ave tiu 3 U) 1.3 Edwards Rd Art a 4 2.6 4.5 1.6 Area 6 Area 5 Page 129 of 220 Area 7 t 4 � N v � c _ m N 6.2 10.1 m 1 Ej v 2.1 1.4 n. 2.1 MidwayRd 19 2.1 2 2 T 1.6 � L _W 2 3.4 Legend CN Zoning >= 1.0 ac CN Zoning < 1.0 ac Area S 1.9 All CN Zoning >= 1.0 ac labeled in acres Page 130 of 220 ST. LUCIE COUNTY Planning & Development Services Department Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 http://www.stiucieco.org/planning/planning.htm DEVELOPMENT APPLICATION A pre -application conference is recommended prior to main application submittal. Please contact the Planning Division to schedule an appointment. Submittal Tvne [check each that am3lies Site Plan Rezoning a ❑ Major Site Plan ❑ Rezoning (straight rezoning) / Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment 4 ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment ❑ Minor Adjustment to Minor Site Plan ❑ Minor Adjustment to PUD/PNRD/PMUD Planned Development ❑ Planned Town or Village (PTV) ❑ Planned Country Subdivision (PCS) ❑ Planned Retail Workplace (PRW) ❑ Prelim. Planned Unit Develop. (PUD) ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Final Planned Unit Develop. (PUD) ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Final Planned Non -Res. Develop. (PNRD) Conditional Use' Conditional Use ❑ Major Adjustment to a Conditional Use ❑ Minor Adjustment to a Conditional Use Variance 2 ❑ Administrative Variance ❑ Variance ❑ Variance to Coastal Setback Line 0j. Conditional Use 2. Variance 3. Rezoning / Zoning Atlas Amend 4. Comp. Plan Amendments 5. Class A Mobile Home Other ❑ Administrative Relief ❑ Class A Mobile Home 5 ❑ Developer Agreement (Submit per LDC 11.08.03) ❑ Power Generation Plants ❑ Extension to Development Order ❑ Historical Designation/Change 6 VLand Development Code Text Amendment' ❑ Plat ❑ Post Development Order Change ❑ Re -Submittal # 8 ❑ Shoreline Variance ❑ Stewardships — Sending/Receiving ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Transfer of Development Rights ❑ Waiver to LDC/Comp. Plan Requirements 9 ❑ Appeal of Decision by Administrative Official10 ❑ Eminent Domain Waiver" Application Supplement Packaaes 6. Historical Designation/Change LDC Text Amendment 8. Re- Submittal 9. Waiver to LDC/Comp. Plan Requirements 10. Appeal of Decision by Administrative Official 11. Eminent Domain Waiver Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Page 1 of 6 Revised May 6, 2013 Page 131 of 220 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division Application Type: Minor Site Plan Supplemental Application Package No.: (Please provide separate fee calculation worksheet for each application type) ❑ BASE REVIEW FEE: ❑ CONCURRENCY FEE: ❑ ERD REVIEW FEE: ❑ UTILITIES ❑ PER ACREAGE CHARGE: ❑ RESUBMITTAL FEE: (if applicable) ❑ OTHE SUBTOTAL OF BASIC FEES: $ 1,700 (A) $ 500 (B) $ 100 (C) $ 50 $ 10 (D) $ (E) $ 2360 ❑ PRE -APPLICATION MEETING FEE: (F) $(250 ) deduction Receipt No. of Payment: Date of Pre App: BALANCE OF FEES DUE: $ 2,110 SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code ❑ $950.00 — Methodology Meeting (H)(If Applicable) • Additional fees will be due if a 31 party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 31 party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies; i.e. Fire District and proof of payment will be required prior to project approval. Pre -Application Meeting Request licant Name (Printed) Signature of applicant (For office use only) INTAKE REVIEWER - SIGNATURE DATE VERIFIED BY - SIGNATURE DATE File #: Receipt #: Targeted Industry: Page 2 of 6 Revised March 15, 2016 Page 132 of 220 Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must include the following: ❑ Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) ❑ Aerial Photograph — property outlined (available from Property Appraiser's office ❑ Property Deed ❑ Legal description, in MS Word format, of subject property ❑ Property Tax Map — property outlined (electronic copy not required) ❑ Survey (2436) ❑ 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) ❑ Concurrency Deferral Affidavit; or ❑ Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: *00'Site Plan 24"x36" at a scale of 1"=50' (12 copies- folded, not rolled) Cam' Boundary Survey (24x36) — Signed and Sealed (12 originals) lbio' Topographic Survey (24x36) — Signed and Sealed (12 originals) V Landscape Plan — Signed and Sealed (12 originals) 01"Traffic Impact Report (TIR) (4 copies) if: o 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) �J' Environmental Impact Report (4 copies) if:(See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC"; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; o Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: ❑ Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06) ❑ Updated Traffic Analysis if applicable (4 copies) ❑ Approved Resolution or GM Order Final Plats only require 2 CDs (follow specifications above) & 4 copies of the following: ❑ Main Application and back up material ❑ Approved Site Plan and copy of approved Development Order ❑ Plat - Include extra copies of Plat for applicable conditions of approval (3 Original Mylars Needed for Recording) *Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it may invalidate the results of any hearing(s). Page 3 of 6 Revised March 15, 2016 Page 133 of 220 Project Information Project Name: Baron Island Stora Site address: n/a vacant land Parcel ID Number(s): 4502-212-0001-020-7 Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) 02 37 41 BEG AT INT WLY R/W A1A AND S LI OF N 856 FT OF GOVT LOTS 1 AND 2 RUN N 89 DEG 39MIN 32SECWALGSDSLI382FT, THN20DEG01 MIN 55 SEC E 312.53 FT, TH N 68 DEG 44MIN 58SEC E149FTTOWLYR/WAIA,THS21 DEG 15MIN 02SEC EALGSDWLYR/W 375.42 FT TO POB (1.93 AC) (OR 3551-1839) Property location — Section/Township/Range: 45/02N Property size — acres: 1.93 ac Future Land Use Designation: Zoning District: HMU Square footage: 84,139 Description of project: (Attach additional sheets if necessary) We are seeking approval through a Minor Site Amendment, Conditional Use and a text amendment to allow for single story storage units within the Commercial Neighborhood CN zoning district as a conditional use when utilized in proximity to a condominium. Type of construction (check all applicable boxes): L!­C mmercial Total Square Footage: Existing 0 ❑ Industrial Total Square Footage: Existing_ ❑ Residential No. of residential units: Existing No. of subdivided lots: Existing ❑ Other Please specify: Number and size of out parcels (if applicable): Page 4 of 6 Revised March 15, 2016 Proposed:_ 9� L %, Proposed: Proposed: Proposed: Page 134 of 220 SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information (Property Developer): Business Name: Jeremiah Baron & Co., Commercial Real Estate, LLC Name:Jeremiah Baron Address: 49 Flagler Ave, 3rd Floor Stuart, FL 34994 (Please use an address that can accept overnight packages) Phone:772-286-5744 Fax: 772-2 Email: ~1 Agent Information: Busine Name: Redtail D r Name: GGol 0 ,( d Al Address: 241 SW Fernleaf Trail, Port St. Lucie FL 34953 (Please use an address that can accept overnight Phone: packages) 4!MROXV ir, '� IKI � ., fcSl� LLC. Go+nr` - `} - Please note: both applicant and agent will receive all official correspondence on this project. Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. Property Owner Signature Mailing Address: Property Owner Name (Printed) Phone: 77-2 �8� - /�1 79 If more than one owner, please submit additional pages STATE OF �� , COUNTY OF The foregoing instrument was acknowledged before me this14- _day of 20 p who is personally known to me or who has produced as identification. Z v Commission Number (Seal) Page 5 of 6 Revised March 15, 2016 `✓ /4141VA) Type or Print Name of Notary � =EIUf =a* fNMMII *My P*k - Salt of Florida FF 964668 �11:1� A MY Comm, Expires Jun 22, 2020 Mm., Bonded thou 9h National Notary Assn Page 135 of 220 11.07.00. - CONDITIONAL USES 11.07.01. - General Provisions. A. Purpose. The purpose of this section is to provide for uses that are generally compatible with the use characteristics of a zoning district, but which require individual review of their location, design, intensity, configuration, and public facility impact in order to determine the appropriateness of the use on any particular site in the district and their compatibility with adjacent uses. Conditional uses may require the imposition of additional conditions to make the uses compatible in their specific contexts. B. Authority. The Board of County Commissioners may, in accordance with the procedures, standards, and limitations of this Code, grant conditional use permits for those uses enumerated in each of the zoning districts in Section 3.01.00 of this Code. C. Requirement for Four -Fifths Vote When Protest is Filed. In the case of a written protest against an application for a Conditional Use Permit, signed by the owners of fifty percent (50%) or more of the area within five hundred (500) feet of the property affected by the proposed action, such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. Publicly owned right-of-way, although included in calculating the distance of five hundred (500) feet referred to in the previous sentence, shall not be included in determining the total of the area lying within five hundred (500) feet of the property involved in such proposed permit application and the percentages referred to. 11.07.02. - Persons Entitled to Initiate Applications. An application for a conditional use may only be submitted by the owner or any other person having a contractual interest in the parcel of land proposed for conditional use. 11.07.03. - Standards for Review of Conditional Use Permits. A conditional use permit shall be granted only if the applicant demonstrates the following: A. Consistency With Local Code and Comprehensive Plan. The proposed conditional use is in compliance with all requirements, and is consistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County; and is in compliance with all additional standards imposed on it by the particular provisions of this Code authorizing such use. B. Effect on Adjacent Properties. The proposed conditional use will not have an undue adverse effect upon nearby property. The proposed conditional use is compatible with the existing or planned character of the neighborhood in which it would be located. All reasonable steps have been taken to minimize any adverse effect of the proposed conditional use on the immediate vicinity through building design, site design, landscaping, and screening. 4. The proposed conditional use will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. C. Adequacy of Public Facilities. The proposed conditional use will be served by adequate public facilities and services, including roads, police protection, fire protection, solid waste disposal, water, sewer, drainage structures, parks and mass transit. D. Adequacy of Fire Protection. The applicant for the proposed conditional use has obtained from the St. Lucie County - Fort Pierce Fire Prevention Bureau written confirmation, or has otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. Page 136 of 220 E. Environmental Impact. For developments required to provide an environmental impact report under Section 11.02.09(A)(5), the proposed conditional use will not contravene any applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc. (August 1982). 11.07.04. - Conditions on Conditional Use Permits. The Board of County Commissioners shall attach such conditions, limitations, and requirements to a conditional use permit as are necessary to effectuate the purposes of Section 11.07.01; to carry out the spirit and purpose of this Code and the St. Lucie County Comprehensive Plan; and to prevent or minimize adverse effects upon other property in the neighborhood, including but not limited to limitations on size, intensity of use, bulk and location, landscaping, lighting, the provision of adequate ingress and egress, duration of the permit, and hours of operation. Such conditions shall be set forth expressly in the resolution granting the conditional use permit. A. Traffic Control Devices. Whenever, as the result of traffic generated by a proposed conditional use, it is determined, based on the Manual on Uniform Traffic Control Devices, that there is a need to install traffic control devices (including traffic signals, signing, and pavement markings), the conditional use permit shall not be granted except upon the condition that the applicant be responsible for installing all said devices and signs, or making an equitable contribution toward such installation. B. Access Improvements. A conditional use permit shall not be granted except upon the condition that the applicant provide the access (ingress and egress) improvements determined to be necessary as a result of traffic generated by the development. C. Projects Requiring Other Regulatory Approval. For proposed conditional uses requiring any permit from the United States Army Corps of Engineers, the Florida Department of Environmental Regulation, the Florida Department of Natural Resources, or any other state or federal regulatory authority, the Board of County Commissioners shall not grant unconditionally a conditional use permit until it has received from such agency notice of either issuance of or intent to issue the required regulatory permit. 2. The Board of County Commissioners may grant a conditional use permit contingent upon receiving notice of either issuance of or intent to issue any required regulatory permit if it can make, on a tentative basis and subject to confirmation, the findings required in Section 11.07.03(E). A conditional use permit granted contingent upon receiving notice of either issuance of or intent to issue any required regulatory permit shall not preclude the Board of County Commissioners, after reviewing the regulatory permit application and other information, from revoking such contingent grant of a conditional use permit based solely upon an inability to confirm the findings required in Section 11.07.03(E) or from protesting the regulatory permit application. D. Reduction In Maximum Residential Density. The Board of County Commissioners shall require a reduction from the maximum residential density permitted in the zoning district in which a conditional use is to be located when such allowable maximum residential density: 1. Would impose an excessive burden, as determined by recognized engineering or other professional standards, on public facilities that would serve the proposed conditional use; or 2. Would contravene any applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc. (August, 1982). 11.07.05. - Application Procedures. Page 137 of 220 A. Pre -Application Conference. An application for conditional use is initiated by requesting in writing a pre -application conference with the Growth Management Director. The request shall include a description of the character, location and magnitude of the proposed conditional use, together with a proposed timetable for development. The purpose of this meeting is to acquaint the applicant with the requirements of this Code and the views and concerns of the County when positions are flexible. Within twenty (20) days of the request, the Growth Management Director shall schedule a pre - application conference with the applicant and other relevant County departments. B. Filing Application for Conditional Use Permit Filing. After the pre -application conference, an applicant for a conditional use permit shall submit an application to the Growth Management Director accompanied by a non-refundable fee as established from time to time by the Board of County Commissioners to defray the actual cost of processing the application. If, in accordance with Section 3.01.00, the specific conditional use applied for requires site plan approval, the applicant shall submit a site plan meeting the requirements of Section 11.03.00 of this Code. If, in accordance with Section 3.01.00, the specific conditional use applied for does not require site plan approval, the applicant shall submit a written statement of proposed use including, but not limited to, the nature of the use and the proposed improvements to the site. Conditional use applications shall include a site plan if the proposed use would be located in whole or in part in a one hundred (100) year floodplain or on North or South Hutchinson Island. Applications for conditional use approval shall include such other information or documentation as the Director deems necessary for the full and proper consideration and disposition of the application. Review by Growth Management Director. a. Within twenty (20) days after an application for conditional use approval is submitted, the Growth Management Director shall determine whether the application is complete. If the Director determines that the application is not complete, he shall send a written statement specifying the deficiencies to the applicant by mail. The Director shall take no further action on the application unless the deficiencies are remedied. b. Within thirty (30) days after the Growth Management Director determines that an application for conditional use permit is complete, the Director shall review the application, make a report, and notify the Planning and Zoning Commission that the application is ready to review. C. Hearing and Action by Planning and Zoning Commission. Hearing. Upon notification that the application for a conditional use permit is ready for review, the Planning and Zoning Commission shall place it on the next regularly scheduled agenda for public hearing in accordance with the provisions of Section 11.00.03. The public hearing held on the application for conditional use shall be in accordance with Section 11.00.04. Review. In reviewing the conditional use application, the Planning and Zoning Commission shall consider the report of the Growth Management Director; shall determine whether the proposed use meets the standards in Sections 11.07.03, 11.07.04, and 3.01.00 for conditional uses; and shall determine whether the proposed use meets all other provisions of this Code, the St. Lucie County Comprehensive Plan, and any other applicable County Ordinance. The Planning and Zoning Commission may recommend certain conditions be met before approval of the application. Recommendation. Within a reasonable time of the conclusion of the public hearing, not to exceed thirty (30) days, the Planning and Zoning Commission shall make a recommendation to approve, approve with conditions, or deny the application. D. Hearing and Action by Board of County Commissioners. Hearing. Upon notification of the recommendation of the Planning and Zoning Commission, the Board of County Commissioners shall place the conditional use application on the next regularly Page 138 of 220 scheduled agenda for a public hearing in accordance with the requirements of Section 11.00.03. The public hearing on the application shall be held in accordance with Section 11.00.04. Review. In reviewing the application, the Board of County Commissioners shall consider the report of the Growth Management Director and the recommendation of the Planning and Zoning Commission; shall determine whether the proposed use meets the standards in Sections 11.07.03, 11.07.04, and 3.01.00 for conditional uses; and shall determine whether the proposed use meets all other provisions of this Code, the St. Lucie County Comprehensive Plan, and any other applicable County Ordinance. The Board may require certain conditions be met before approval of the application. 3. Action. Within a reasonable time of the conclusion of the public hearing, not to exceed thirty (30) days, the Board of County Commissioners shall approve, approve with conditions, or deny the application for conditional use permit in accordance with Section 11.00.04(E). The decision on the application shall be by resolution setting forth the findings of the Board of County Commissioners and any condition, limitation, or requirement of such decision. 4. Notice of Action. Notification of the Board of County Commissioners' decision shall be mailed to all parties, and the decision shall be filed with the Office of the Growth Management Director in accordance with Section 11.00.04(F). E. Development and Adjustment of an Approved or Existing Conditional Use. Effect of Issuance of Conditional Use Permit. The issuance of a conditional use permit shall only constitute approval of the proposed use, and development of the use shall not be carried out until the applicant has secured all other permits and approvals required. Adjustments to an Approved or Existing Conditional Use. Adjustments to a conditional use may be permitted as follows: a. Minor Adjustments - The Growth Management Director shall authorize minor adjustments to a conditional use. Such minor adjustments shall be consistent with the intent and purpose of the St. Lucie County Comprehensive Plan, this Code, the conditional use as approved or existing, and shall be the minimum necessary. Such minor adjustments shall be limited to the following: 1. altering the bulk of any one (1) structure by not more than twenty-five percent (25%); or, 2 altering the location of any one (1) structure or group of structures by not more than ten (10) feet; or, 3. altering the location of any circulation element by not more than ten (10) feet; or, 4. altering the location of any open space by not more than ten (10) feet; or, 5. reducing the total amount of open space by not more than five percent (5%) or reducing the yard area or open space associated with any single structure by not more than five percent (5%); or, altering the location, type, or quality of landscaping elements; or, change in project name or ownership of the property. Notice of the authorization of such minor adjustments shall be provided to the Board of County Commissioners. b. Major Adjustments in Substantial Conformity. Any other adjustment to a conditional use shall be a major adjustment and shall be granted only upon application to and approval by the Board of County Commissioners, which shall grant approval for such other adjustment after a public hearing upon finding that any proposed change in the conditional use as approved or existing will be in substantial conformity with the original approval or the existing Page 139 of 220 conditional use. The Board of County Commissioners shall place the application for major adjustment on the agenda of a regularly scheduled meeting for a public hearing in accordance with the requirements of Section 11.00.03. The public hearing on the application shall be held in accordance with Section 11.00.04. If the Board of County Commissioners determines that the major adjustment is not in substantial conformity with the original approval or the existing conditional use, then it shall deny the application for adjustment. Such denial shall not preclude development of an approved conditional use. Inspections During Development of an Approved Conditional Use a. Inspections by Growth Management Director. Following approval of a conditional use, the Growth Management Director shall, at least annually until the completion of development, review all permits issued and construction undertaken and compare actual development with the approved conditional use and with the approved development schedule, if applicable. b. Action by Growth Management Director. If the Growth Management Director finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the approved conditional use, he shall notify the Board of County Commissioners of such fact and may, if he finds it necessary for the protection of the public health, safety, or welfare, take such necessary action to stop such non-compliance. C. Action by Board of County Commissioners. Within thirty (30) days following notification by the Growth Management Director, the Board of County Commissioners shall determine whether development of the conditional use is proceeding in accordance with the approved conditional use. If the Board of County Commissioners finds the development is not proceeding in accordance with the approved conditional use, it shall either revoke the permit or take the necessary action to compel compliance with the approved conditional use. 4. Inspections After Development. a. Inspection by Growth Management Director. Following completion of the development of a conditional use, the Growth Management Director shall review the development as completed and determine if it complies with the approved conditional use. b. Action by Growth Management Director. If the Growth Management Director finds that the development as completed fails in any respect to comply with the use as approved, he shall immediately notify the Board of County Commissioners of such fact. c. Action by Board of County Commissioners. Within thirty (30) days following notification by the Growth Management Director, the Board of County Commissioners shall determine whether the completed conditional use fails in any respect to follow the approved conditional use permit. If the Board of County Commissioners finds the completed conditional use fails in any respect to follow the approved conditional use, it shall either revoke the permit or take the necessary action to compel compliance with the conditional use. F. Extensions of Conditional Use Permits. The time limitations imposed on a conditional use permit by Section 11.07.05(I) may be extended by the Board of County Commissioners not more than one (1) time, and for not more than twenty-four (24) months, upon application by the applicant and after a public hearing held in accordance with Section 11.00.04. G. Existing Conditional Uses. A legally conforming use that exists on the effective date of this Code and that is permitted as a conditional use in a zoning district in Section 3.01.03 of this Code shall not be deemed a nonconforming use in that district, but shall without further action be considered a Page 140 of 220 conforming use. A use existing prior to its present classification by this Code as a conditional use may change in use or in lot area or may alter a structure only if the change or alteration conforms with the requirements of Sections 11.07.05(E) and 3.01.03 for conditional uses. Such change or alteration may be accomplished only pursuant to the standards and procedures established for the adjustment of a conditional use as set forth in Section 11.07.05(E). H. Revocation of Conditional Use Permit. In addition to any other penalty and remedy for violation of this Code, it shall be a condition of every conditional use approval that such approval may be revoked for: (1) Violation of any condition imposed upon such approval, and (2) Upon complaint and proof of adverse effect on adjacent properties. The permit may be revoked only after the Board of County Commissioners holds a public hearing in accordance with Section 11.00.04 unless the permittee consents to a revocation of the permit. If the permittee provides written consent to the revocation to the Growth Management Director, the Director shall revoke the permit and notify the Board of County Commissioners of the revocation. Expiration of Conditional Use Permit. A conditional use permit shall be valid for the purposes of securing a Building Permit or Certificate of Zoning Compliance for twelve (12) months from the date of approval. Unless a Building Permit or Certificate of Zoning Compliance is secured within twelve (12) months, and construction subsequently undertaken pursuant to such Building Permit, the conditional use permit shall automatically expire unless the permit is extended upon application to the Board of County Commissioners in accordance with Section 11.00.04. Limitations on Approval for Conditional Uses. A conditional use permit shall be deemed to authorize only the particular use for which it was issued and shall automatically expire and cease to be of any force or effect if such use shall, for any reason, be discontinued for a period of twelve (12) consecutive months. Page 141 of 220 Supplement 7 LDC Text Amendment Armlication Supplement Refer to Land Development Code (LDC) Section 11.06.00 for details 1. If you are requesting an amendment to the text of the LDC, the precise wording of any proposed amendment to the text shall be provided: Please see the attached Microsoft Word document, this application seeks to add the use" Storage" in Commercial Neighborhood, as a conditional use. 2. Please give a statement describing any changed conditions that would justify an amendment: Storage is often a use found in residential areas, and there are not any facilities nearby. This design is less impactful than many uses permitted in the zoning district. 3. Please give a statement describing why there is a need for the proposed amendment: The current uses (permitted and conditional) do not allow for a Storage facility. Many residents have expressed an Interest in having more storage available. By providing this in close proximity to residential development, you ultimately reduce vehicle miles traveled. 4. Please give a statement describing whether and how the proposed amendment conforms to the St. Lucie County Comprehensive Plan: The proposed text amendment conforms to the Goals, Objectives and Policies of the Comprehensive Plan. Specifically Goal 1.1 of the Future Land Use, as well as the Coastal Management Element. Ensure the highest quality living environment possible, through a mixture of land uses reflecting the needs and desires of the local residents and how they want their community to develop; and Balance Growth and Coastal Resources. 5. Please give a statement outlining the extent to which the proposed amendment: A) Is compatible with existing land uses; Storage is a natural component of residential uses that predominate the area. The storage units will an additional amenity for area residents. Storage units are low density, and provide a lower impact to the area than other types of commercial development. Revised: February 10, 2011 Page 142 of 220 Supplement 7 B) Affects the capacities of public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; (Would it exceed the capacity of the above public facilities?) This will not impact the capacity of any stated public facility including transportation, sewage, potable water, parks, schools, drainage, solid waste, mass transit or emergency medical facilities. C) Affects the natural environment; (If no adverse impacts are anticipated, please explain why.) This property has been previously cleared and is currently overgrown with exotics. Lighting will comply with best management practices for sea turtle protection. A Full tree survey will be conducted, however, heavy overgrowth and excessively heavy rains have made that task difficult. D) Will result in an orderly and logical development pattern; (Identify any negative effects.) Yes, the proposed site plan demonstrates this. 6. Please explain the applicant's interest in the subject amendment and how it affects their property; The Applicant has a contract to purchase the property if the proposed amendment is approved. 7. Please include such other information or documentation as the Planning & Development Services Director may deem necessary or appropriate to a full and proper consideration and disposition of this particular application. A preapplication meeting was held in the spring to first engage staff and explore the concept. Please Note: This LDC Text Amendment Application Supplement will not be considered complete without the Development Application, complete with notarized signatures of all persons applying for this amendment, or giving their consent to the filing of this application and supplement. Rebecca Grohall, Redtail DG Signed copy on file in Planning Applicant or Agent Name (Printed) Signature Page 2 of 2 Revised: February 10, 2011 Page 143 of 220 5T. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA Tuesday, February 4, 2020 NCTCE OF n P113P74G lai Ralrmi -41 I C I I I L LIIII OLWL I; PMFRT CMF lhn RI. Lwl4 O0pnly W.d dr pmppses k ,on3imr ft adaplkw M the rolnwnp M ud-m- ORAreANCE No. rLCN0 TW:E2�IOi7JO AN110111 xOF OF THE SUAREI OF CCOW COMYIMIONEAS RF 5T.4U1>E 000Hill. ROIlDA. AMENDING TnE IE%T OF YIIE LAw WIVELOPMENT COPE. SUCTION 7.Ul Cl a. CN. CO YMERCIGL WIl HNHHOOu TO MIT FRR SELF RTnWF FACILITIU3 LIMITED TO Fwugun STORAGE AS A CnhflnYCNAL dSE {yrtHIN'OE CN.COMMEPUl4L P1CIG40fikOOd eOHINE OI$ig16r PnOIR 04C IOH WhFLIET ING FROYISIOhS: PRW I"& FpI[ SLYEPA91L I TY; PRouicinn FnR APhlIOA BiLIT1rI PROs'IOING WE FIIINC WPH THE OE>MnT.NI OF STATE: FAOlIUI. eR EFFEGTIYE OATS; PINMIONO I'OR AEOP1IAN: AND pRgm1XG FOR GEWIGAIION. 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Flpwedrq$ 4 ndOA ttilkh Irma 4'K ajr% Inn Iesnn-0ow WI.OlwA ppoh wWh ire aped 1, x le u d. uxn ue N-Wt r.. tl snr S.T'tO V* xiNwdYp ndMals Iislryerg or Fig a hurlro wit rF Sanin n. i o pMb N N promOrg Wl W :wled in oPaavll, b [ras r>.ings 3ro- 114MLci T"AkiO drjipA •M'h; Lw'. nir-eA. d HwcoP1!•-'{ti?-a MY. LWILL 1mlhu mar be unhand hIn dalr i"ln a lam lh n dLsi NnN rKu Ong FICCOrr ,Amj]Ii 9 allmd the mxlrp lord W-I:rl III' SL Line W_nN III%paine•2r all nil lwi -adrA 011) hmrs pnw m inn mini Fig w..IWi a671 Bib cr- 0 0 P ni 167-172& BOAH OF 0OMTY =M6S ONEpm SI LLUE Cam. FL QRlpd W CANT WWMMRO, MR PUNISH DATE: Frlre AhAir, 21=" Page 144 of 220 LUCE L o Q TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Jodi Nentwick, Senior Planner Planning & Development Services 9.B.2. ORD-2020-4 PUBLIC HEARINGS - PLANNING & DEVELOPMENT SERVICES DATE: 2/4/2020 *ORDINANCE ITEM - FUTURE LAND USE MAP AMENDMENT QUASI-JUDICIAL ITEM? NO Comprehensive Plan Amendment Adoption Hearing - Flood Maps effective date to February 19, 2020 - Adoption Hearing On October 22, 2019, staff received permission to advertise a proposed ordinance for public hearing before the Local Planning Agency and two (2) hearings before the Board of County Commissioners. The Planning and Zoning Commission, acting as the Local Planning Agency at their November 21, 2019 meeting, voted unanimously to recommend the proposed amendment. On December 3, 2019, the Board recommended approval for the transmittal to Florida Department of Economics of the proposed Comprehensive Plan Amendment updating the Flood Maps with an effective date of February 19, 2020. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval for the adoption of Ordinance 2019-16 of the Comprehensive Plan Amendment updating the enclosed Flood Maps with an effective date of February 19, 2020. Page 145 of 220 COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures [REVIEWERS_APPROVERS_ONLY_SIG_VERT Page 146 of 220 Planning and Development Services Department 4 -- Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Leslie Olson, AICP, Director Ben Balcer, Assistant Director FROM: Jodi Nentwick, Senior Planner DATE: January 20, 2020 SUBJECT: Comprehensive Plan Map Amendment — Future Land Use Flood Insurance Rate Maps St. Lucie County initiated an amendment to the Comprehensive Plan Future Land Use Map Series (2018), concurrent with a Land Development Code Text Amendment, to update the Flood Insurance Rate Map (FIRM) with the February 19, 2020 effective date for the St. Lucie County, Florida and incorporated areas. Federal Emergency Management Agency (FEMA) notified St. Lucie County of Flood Insurance Study revisions with a new effective date of February 19, 2020. As a participating community within the National Flood Insurance Program (NFIP), we are required to update the Comprehensive Plan Future Land Use Map Series to reflect associated changes. The Geographic Information Systems (GIS) Department amended the affected maps utilizing data published by the Florida Geographic Data Library, attached for review. Background: The NFIP is a program managed by the FEMA and has three components: to provide flood insurance, to improve floodplain management and to develop maps of flood hazard zones. Participating community benefits; enables homeowners, business owners and renters to purchase federally backed flood insurance at a discounted rate. PUBLIC NOTICE: On January 24, 2020, this item was advertised in the local newspaper specifying the Board of County Commissioners' Public Hearing. I� II��Ir;iT►[K:�17r;iT►[KKI]u 1►I I i.XY[I]r;F The Planning & Zoning Commission, acting as the Local Planning Agency at their November 21, 2019 meeting, voted unanimously to recommend the proposed amendment to the Board of County Commissioners. FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) On January 10, 2020, staff received correspondence from DEO identifying no comment related to adverse impacts to important state resources and facilities within the Department's authorized scope of review. ST. LUCIE WORK Page 147 of 220 Future Land Use Flood Insurance Rate Maps Comprehensive Plan Amendment January 20, 2020 Page 2 However, the proposed Natural Resource within the Coastal High Hazard Areas Map (Map CST-4) does not reflect all the land within the Coastal High Hazard Area (CHHA). GIS revised the CST-4 map utilizing the Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model data as recommended by DEO and in accordance to Florida Statue 163.3178 (H) to include all the Coastal High Hazard Areas within St. Lucie County and incorporated areas. STAFF RECOMMENDATION Staff recommends the Board approve the adoption of Ordinance No. 2019-16 to the Comprehensive Plan Future Land Use Map Series (2018) updating the Flood Insurance Rate Map as submitted. S 1. LU V I E Page 148 of 220 ORDINANCE No. 2019-16 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE ADOPTED COMPREHENSIVE PLAN FUTURE LAND USE MAP SERIES ATLAS OF THE 2018 COMPREHENSIVE PLAN TO UPDATE THE FLOOD INSURANCE RATE MAP; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, (Board) based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. On January 9, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Comprehensive Plan. 2. The Board of County Commissioners of St. Lucie as the governing body of St. Lucie County having jurisdiction over this application pursuant to Chapter 163, Florida Statues, is authorized and empowered to consider amendments to the adopted Comprehensive Plan of St. Lucie County. 3. On November 21, 2019, the St. Lucie County Planning and Zoning acting as the Local Planning Agency held a public hearing, of which due notice was published in the St. Lucie News Tribune, and recommended approval of the proposed amendment to the Board of County Commissioners. 4. On December 2, 2019, the Board of County Commissioners of St. Lucie County, Florida held the first of two required public hearing, of which due notice was placed in the St. Lucie News Tribune and approved transmittal to the Department of Economic Opportunity Division of Community Planning. 5. On February 4, 2020, the Board of County Commissioners of St. Lucie County, Florida held a public hearing, of which due notice was placed in the St. Lucie News Tribune, and deemed the adoption of the amendments to the Comprehensive Plan NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: Page 1 Page 149 of 220 A. ADOPTION OF THE AMENDMENTS The Board of County Commissioners does hereby adopt the amendments to the Future Land Use Map Series to the St. Lucie County Comprehensive Plan, attached herein as Exhibit A. B. CHANGES TO THE COMPREHENSIVE PLAN The Board of County Commissioners does hereby states its intention to amend the St. Lucie County Comprehensive Plan to update the Future Land Use Flood Maps effective date to February 19, 2020. C. CONFLICTING PROVISIONS Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with the Ordinance are hereby superseded by this Ordinance to the extent of such conflict. D. SEVERABILITY If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provisions thereof shall be held to be inapplicable for any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. E. APPLICABILITY OF ORDINANCE This Ordinance shall be applicable as stated in Paragraph A and B. F. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of the Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. G. FILING WITH THE STATE LAND PLANNING AGENCY The Planning and Development Services Director shall send a certified copy of the Ordinance to the Department of Economic Opportunity, Community Planning and Development Programs, 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399-4120. H. EFFECTIVE DATE This Ordinance shall take effect thirty-one (31) days after the adoption. If the Ordinance is challenged within thirty (30) days after adoption, the Ordinance shall not be effective Page 2 Page 150 of 220 until the State Land Planning Agency or Administration Commission respectively issues a final order finding the adopted amendment in compliance in accordance with Section 163.3184(5), Florida Statues. I. ADOPTION. After motion and second, the vote on this ordinance was as follows: Cathy Townsend, Chair XXX Chris Dzadovsky, Vice Chair XXX Sean Mitchell, Commissioner XXX Linda Bartz, Commissioner XXX Frannie Hutchinson, Commissioner XXX PASSED AND DULY ENACTED this 41" day of February, 2020. Attest: Deputy Clerk Board of County Commissioners St. Lucie County, Florida By: Chair Approved As To Form and Correctness: By: County Attorney Page 3 Page 151 of 220 Map- FLU-5 Existing Flood Zones Map (2018 EAR) FLU-5 Indian Riv, To be replaced BFE4: .. .. .. _. .. .. .. .. .. .. BFE4 __ __ .- .. .. ._ .. .. .. .. .. .. _ _ .-BFE6 •• •• •• __ .. __ __ .. _- h _ BFE 11 !BFE 19 wo _ ___ •_ :.- ..•: •__ __ __• __ __ __- __.. 'BFE4" MD90 NO BFE 19 'BFE{. i 1I if L� .. .. .. .. .. .. .. .. .. .. BFE6 __ _. __ __ __ -• •• ••__ • ri Damn rvK 15 STLVc�F. BLYo OP -- BFE 15- --- --- ------•-- •- - _ :BFE BI -�L •_BFE• .. .. .. .. .. .. .. +y1�yNr-� BFE BFE4 BFE • :. :. .. - 8FE7• - n _ Bus OFE • oEcx c —BFF E 14 _ •BFE11. sT Sti ES SLVV J -BFE6 HF14 _E BFE6:_ \_ -••-- 1` P _ ""BFEe 0 41 8FE7._ - u Sr. Ll1CIE W£5T9Lv0i r BFE 1S •_---_•. -------------- 11 4,g PRIMAYLST<eLVV - �' . _ - - :--:.• OFF 6-7- BF.E10: �ronT ST-1unEawo BFE 18 ��.• Y• ••_BFE6 •- I BFE 1• ` fl Martin County St. Lucie County 2018 Comprehensive Plan Flood Zones Map Effective Date: W1512012 Legend ®County Boundary Flood Zone = AH = x Print Date: 7123/201 S = A - AO [] x-Shaded Source: FEMA 2017 = AE vE 0 2.25 4.5 Capin IG'rndano L Asoaiares. Inr. Page 152 of 220 Proposed Flood Zones Map INDIAN RIVER COM FLU-5a MARTIN COUNTY BFE6- - Source: Florida Geographic Data Library https://www.fgdl.org/ Effective: 2/16/2012 Updated: June 2018 Map: FLU-5a Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community St. Lucie County 2018 Comprehensive Plan Flood Zones Map NAME! _:_; County Boundary Flood Hazard Areas AH = X �A FAO Print Date: 11/5/2019 AE VE 1 0 N w E S Miles 3 5 Page 153 of 220 Proposed Flood Zones Map INDIAN RIVER COU1I FLU-5 MARTIN COUNTY Source: Florida Geographic Data Library https//www.fgdl.org/ Effective: 2/16/2012 Updated: June 2018 Map: FLU-5 r__ 6"Ih @N CO o NTY . Print Date: 11/5/2019 Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community St. Lucie County 2018 Comprehensive Plan Flood Zones -; County Boundary Major Roads F_] AE 0 VE Municipalities Flood Zones AH M X500 A -AO -X C N E 5 Miles 3 5 Page 154 of 220 Indian River Co Existing Natural Resources within Coastal High Hazard Areas Map CST-4 To be replaced �w ■ w, I�F.4\ k "r''�'�:Sxitt ` YiA.•�:, �L..1, .4. , -- .. .. __ 41 IN Y►f. it ••�� ,17'd'k� .�f� Ir+� a ': o. r:vu�7§a.�i f _�_ �-� • _ - Q'k __ .. :. C� -- __ __ <•y �', �) `<' �7 - .• � �u - - •,ST JAME89LVq'_ r•' V•}� '�j•i ;• [��T - tw wnwar Ro' ♦- ''F'x :. .. .. .. .,. .. +l.i• Il�� ��'.+ �ir i '�r, •jf 'sd`4_' .}�iri� -. �s - - .. • ��. �• IMA VISTA aLY1] it 4 +1 • L� I S' Q nRT ST. LIICIE OLY6 -- At Bi rv.e� �A FA �•� �' Martin County St. Lucie County Map: CST-4 2018 Comprehensive Plan Natural Resources within Coastal High Hazard Area Map Print Date: 7/24/2018 Source: St- Lucie County Legend County Boundary l:• �::,',� MurlclpaRies Parks and Preserves ® Wetland Coastal High Hazard Area Water 1k. N w E S Miles 0 2,25 4.5 C.M.. Goldarg E Asraciales. Inc. Page 155 of 220 Source: Florida Division of Emergency $t. Lucie County Management Sea, Lake, and Overland Surges from Hurricanes 2018 Comprehensive Plan (SLOSH) computerized storm surge model. Natural Resources Within https://maps.fIoridadisaster.org/data/ Coastal High Hazard Areas Map: CST-4 COu l Y F L O R 1 A Print Date: 1/8/2020 County Boundary Municipalities Parks and Preserves Wetlands Category 1 Storm Surge Zones N W E s ] Miles 5 Page 156 of 220 Ron DeSantis GOVERNOR The Honorable Cathy Townsend Chair, St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 34982 Dear Chair Townsend: - - - --.4) FLORIDA DEPARTIVIENTof ECONOMIC OPPORTUNITY January 10, 2020 Ken Lawson EXECUTIVE DIRECTOR The Department of Economic Opportunity ("Department") has reviewed St. Lucie County proposed comprehensive plan amendment (Amendment No. 19-01ESR), received on December 16, 2019, pursuant to the expedited state review process in Section 163.3184(2)(3), Florida Statutes (F.S.). We have identified no comment related to adverse impacts to important state resources and facilities within the Department's authorized scope of review. We are, however, providing a technical assistance comment consistent with Section 163.3168(3), F.S. The technical assistance comment will not form the basis of a challenge. It is offered either as a suggestion which can strengthen the County's comprehensive plan in order to foster a vibrant, healthy community or is technical in nature and designed to ensure consistency with the Community Planning Act in Chapter 163, Part II, F.S. The technical assistance comment is: The proposed Natural Resources within the Coastal High Hazard Areas Map (Map CST-4) does not reflect all the land within the Coastal High Hazard Area (CHHA). In response the amendment should be revised prior to adoption to update the proposed Map CST-4 to include all the CHHAs depicted in the current CHHA Map (Map CST-2), which is based on 2016-17 data provided by the Florida Division of Emergency Management. The County should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. For your assistance, we have enclosed the procedures for adoption and transmittal of the comprehensive plan amendment. In addition, the County is reminded that: • Section 163.3184(3)(b), F.S., authorizes other reviewing agencies to provide comments directly to the County. If the County receives reviewing agency comments and they are not resolved, these comments could form the basis for a challenge to the amendment after adoption. • The second public hearing, which shall be a hearing on whether to adopt one or more comprehensive plan amendments, must be held within 180 days of your receipt of agency comments or the amendment shall be deemed withdrawn unless extended by agreement with Florida Department of Economic Opportunity I Caldwell Building 1 107 E. Madison Street I Tallahassee, FL 32399 850.245.7105 1 www.FloridaJobs.orq www.twitter.com/FLDEO lwww.facebook.com/FLDEO An equal opportunity employer/program. Auxiliary aids and service are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Service at 711. Page 157 of 220 The Honorable Chair Townsend January 10, 2020 Page 2 of 2 notice to the Department and any affected party that provided comment on the amendment pursuant to Section 163.3184(3)(c)1., F.S. • The adopted amendment must be rendered to the Department. Under Section 163.3184(3)(c)2. and 4., F.S., the amendment effective date is 31 days after the Department notifies the County that the amendment package is complete or, if challenged, until it is found to be in compliance by the Department or the Administration Commission. If you have any questions concerning this review, please contact Ed Zeno, Planning Analyst, by telephone at (850) 717-8511 or by email at ed.zeno-gonzalez@deo.myflorida.com. S' c rely, i mes D. Stansbury, Chief Bureau of Community Planning and Growth J DS/ ez Enclosure(s): Procedures for Adoption cc: Thomas Lanahan, Executive Director, Treasure Coast Regional Planning Council Leslie Olson, AICP, Planning and Development Services Director, St. Lucie County Page 158 of 220 SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR EXPEDITED STATE REVIEW Section 163.3184(3), Florida Statutes NUMBER OF COPIES TO BE SUBMITTED: Please submit three complete copies of all comprehensive plan materials, of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format (PDF) to the State Land Planning Agency and one copy to each entity below that provided timely comments to the local government: the appropriate Regional Planning Council; Water Management District; Department of Transportation; Department of Environmental Protection; Department of State; the appropriate county (municipal amendments only); the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services (county plan amendments only); and the Department of Education (amendments relating to public schools); and for certain local governments, the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the adopted amendment: State Land Planning Agency identification number for adopted amendment package; Summary description of the adoption package, including any amendments proposed but not adopted; Identify if concurrency has been rescinded and indicate for which public facilities. (Transportation, schools, recreation and open space). Ordinance number and adoption date; Certification that the adopted amendment(s) has been submitted to all parties that provided timely comments to the local government; Name, title, address, telephone, FAX number and e-mail address of local government contact; Letter signed by the chief elected official or the person designated by the local government. Revised: June 2018 Page 1 Page 159 of 220 ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment package: In the case of text amendments, changes should be shown in strike-through/underline format. In the case of future land use map amendments, an adopted future land use map, in color format, clearly depicting the parcel, its future Land use designation, and its adopted designation. A copy of any data and analyses the local government deems appropriate. Note: If the local government is relying on previously submitted data and analysis, no additional data and analysis is required; Copy of the executed ordinance adopting the comprehensive plan amendment(s); Suggested effective date language for the adoption ordinance for expedited review: "The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If the amendment is timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance." List of additional changes made in the adopted amendment that the State Land Planning Agency did not previously review; List of findings of the local governing body, if any, that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment; Statement indicating the relationship of the additional changes not previously reviewed by the State Land Planning Agency in response to the comment letter from the State Land Planning Agency. Revised: June 2018 Page 2 Page 160 of 220 Planning & Zoning Commission Meeting Thursday, November 21, 2019 6:00 PM 9rc [LUCD � PLANNING & ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA Regular Meeting November 21, 2019 Convened: 6:00 PM Adjourned: 6:18 PM 1. CALL TO ORDER The meeting was called to order by Chair Mundt at 6:00 PM. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Present Board Member Billy O'Dell, Chair Craig Mundt, Board Member Ed Lounds, Board Member James A. Taylor, Board Member Bob Lowe, Vice -Chair William R. Smith, Board Member Valerie Slack, Board Member Ryan Binner, Ex-Officio Marty Sanders Board Member Lawrence "Beau" Slay 4. ANNOUNCEMENTS None. 5. DISCLOSURE(S) None. 6. MINUTES A. St. Lucie County Planning & Zoning Commission minutes for the meeting of October 17, 2019 Chair Mundt motioned to approve all sets of minutes and it passed unanimously. 11Page Page 161 of 220 Planning & Zoning Commission Meeting Thursday, November 21, 2019 6:00 PM RESULT: Approve MOVER: Board Member Ed Lounds SECONDER: Vice -Chair William R. Smith Billy O'Dell, Craig Mundt, James A. Taylor, Bob Lowe, William R. AYES: Smith, Valerie Slack, Ryan Binner NAYS: None EXCUSED: Lawrence "Beau" Slay 7. PUBLIC COMMENT None. 8. PUBLIC HEARINGS 9 Proposed Text Amendment to the Land Development Code, Section 3.01.03.Q. CN, Commercial Neighborhood to allow for Self -Storage Facilities Limited to Enclosed Storage as a Conditional Use Presented by Jodi Nentwick, Senior Planner. The applicant is requesting postponement for items 8A and 813 to January 16, 2020 in order to hold a community meeting with the residents to review the project and better understanding of what the project entails. QUESTIONS FOR STAFF: None. RESULT: POSTPONE MOVER: Board Member Bob Lowe SECONDER: Board Member James A. Taylor Craig Mundt, Ed Lounds, William R. Smith, Ryan Binner, Valerie AYES: Slack NAYS: None EXCUSED: Lawrence "Beau" Slay Assistant County Attorney, Heather Young stated that the public hearing needs to be opened because this items were advertised. Chair Mundt opened the hearing for discussion: none Items 8A and 8B were deferred to January 16, 2020. Baron Island Storage - Conditional Use Permit for a Self -Storage Facility Limited to Enclosed Storage in the CN, Commercial Neighborhood Zoning District - 9500 Block of S. Ocean Drive Presented by Jodi Nentwick, Senior Planner. The applicant is requesting postponement for items 8A and 813 to January 16, 2020 in order to hold a community meeting with the residents to review the project and better understanding of what the project entails. 21Page Page 162 of 220 Planning & Zoning Commission Meeting Thursday, November 21, 2019 6:00 PM C. QUESTIONS FOR STAFF: None. RESULT: POSTPONE MOVER: Board Member Bob Lowe SECONDER: Board Member James A. Taylor Craig Mundt, Ed Lounds, William R. Smith, Ryan Binner, Valerie AYES: Slack NAYS: None EXCUSED: Lawrence "Beau" Slay Assistant County Attorney, Heather Young stated that the public hearing needs to be opened because the items were advertised. Chair Mundt opened the hearing for discussion: none Items 8A and 813 were deferred to January 16, 2020. Local Planning Agency Hearing: Comprehensive Plan Amendment - Update Flood Maps with the effective date of February 19, 2020 Presented by Jodi Nentwick, Senior Planner. Presenting staff comments for the proposed comprehensive plan and Land Development Code text amendment to update the Flood Insurance Rate Maps with the February 19, 2020 effective date for the St. Lucie County unincorporated areas. Amending Comprehensive Plan Future Land Use Map Series to update the maps reflecting the changes in accordance to the revised Flood Study. Both items are a public hearing and require separate action. No comments on the proposed amendments have been received. Public notice was advertised in the St. Lucie County News Tribune on November 10, 2019. FEMA notified St. Lucie County of the Flood Insurance Study revisions with a new effective date of February 19, 2020. As a participating community within the National Flood Insurance Program (NFIP), St. Lucie County is required to update the maps to reflect the associated changes. On January 23, 2018, BOCC adopted the Floodplain Model Ordinance, meeting the NFIP requirements and implementing the enforcement mechanism of the Florida Building Code. The following maps have been identified as part of the amendment to the Comp. Plan: FLU- 5 Flood Map Zone, FLU-5A Flood Zones with BFE, and CST-4 Coastal High Hazard Areas. STAFF RECCOMENDATION: Staff recommends that the Planning & Zoning Commission forward a recommendation of approval to the St. Lucie County Board of County Commissioners for the proposed Comprehensive Land Use Map Series Atlas as submitted. 3 1 P a g. Page 163 of 220 Planning & Zoning Commission Meeting Thursday, November 21, 2019 6:00 PM A PUBLIC COMMENTS: None RESULT: Approve MOVER: Board Member Billy O'Dell SECONDER: Board Member Bob Lowe Craig Mundt, Ed Lounds, James A. Taylor, Bob Lowe, William R. AYES: Smith, Ryan Binner and Valerie Slack NAYS: None EXCUSED: Lawrence "Beau" Slay Land Development Code Text Amendment - Amending Section 6.05.00 Floodplain Management to update the Flood Insurance Rate Map to the effective date of February 19, 2020 Presented by Jodi Nentwick, Senior Planner. Amending Section 6.05.02.0 - Basis for Establishing Flood Hazard Areas to update the Flood Insurance Rate Map (FIRM) with the February 19, 2020 effective date for St. Lucie County including incorporated areas. The existing FIRM date is February 16, 2012; the updated FRIM date is February 19, 2020; the request is to revise the date to the new map. STAFF RECOMMENDATION: Staff recommends the Planning & Zoning Commission forward a recommendation of approval to the St. Lucie County Board of County Commissioners for the Land Development Code Text Amendment to update the Flood Insurance Rate Map with the February 19, 2020 effective date for St. Lucie County and incorporated areas. QUESTIONS FOR STAFF: Mr. Lowe: Has the flood zone areas increased? Jodi: Based on the analysis of the flood study it appears that many of the areas were removed from the flood area. Mr. Lounds: What does BFE refer to? Jodi: Base Floor Elevation. Mr. Lounds: Are we basically not changing anything except the date? Jodi: Some of the flood zone areas were removed from the original comprehensive plan adopted a year ago, it was part of their Atlas series. We took the information from the Florida Geographic Data Library provided by FEMA and adjusted the maps according to the FEMA flood study. Mr. Taylor: How often is this updated? Jodi: Based on the development of the area. PUBLIC COMMENTS: None 41Page Page 164 of 220 Planning & Zoning Commission Meeting Thursday, November 21, 2019 6:00 PM RESULT: APPROVE MOVER: Board Member James A. Taylor SECONDER: Board Member Valerie Slack AYES: Billy O'Dell, Craig Mundt, Ed Lounds, Bob Lowe, William R. Smith, Ryan Binner NAYS: None EXCUSED: Lawrence "Beau" Slay 9. WORKSHOPS None. 10. OTHER BUSINESS Chair Mundt gave the new Planning & Zoning Commission member an opportunity to introduce herself. Valerie Slack, appointed by Commissioner Dzadovsky. She is very happy to have the opportunity to serve on the St. Lucie County Planning & Zoning Commission. She is a licensed architect and she serves as an executive board member on the American Institute of Architects, Treasure Coast Chapter. She is a lead certified professional in building design and construction. Her firm is called Native Design Architecture; she practices in the City Fort Pierce and St. Lucie County. She is really glad to get to know all the members. Chair Mundt inquired about potential items to be heard at the December Planning & Zoning Meeting. Leslie Olson, PDS Director stated that there is a possibility one item, but if the Board would like to cancel the December meeting in honor of the holidays, there are no urgent items. Chair Mundt stated that the pending item can be deferred until the January Planning and Zoning Commission meeting. 11. ADJOURN There being no further business to be brought before the Board, the meeting was adjourned at 6:18 PM 51 Page 165 of 220 '�r c LUCE 11 L111(1 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting December 3, 2019 1. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 5, Chair Cathy Townsend ,Present Commissioner District 1 Chris Dzadovsky Commissioner District 2 Sean Mitchell Commissioner District 3 Linda Bartz Commissioner District 4 Frannie Hutchinson Commissioner District 5 Cathy Townsend Also Present Howard Tipton, County Administrator Daniel McIntyre, County Attorney Alice Sennott, Recording Secretary 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE Convened: 6:00 PM Adjourned: 6:48 PM 4. PUBLIC COMMENT (excluding Public Hearing Items) Chair Townsend opened the meeting for public comment at this time. There being no one wishing to address the Board, Chair Townsend closed public comment. Page 166 of 220 BOCC Regular Meeting Tuesday, December 3, 2019 6:00 PM S. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the regular meeting of November 19, 2019. A motion was made to approve the minutes for the regular meeting of November 19, 2019 and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, AYES: Frannie Hutchinson NAYS: None EXCUSED: None 6. PROCLAMATIONS APPROVAL There were no proclamations. 7. PRESENTATIONS There were no presentations. 8. CONSENT AGENDA Commissioner Bartz requested to pull item 8.B.1 from the consent agenda. Commissioner Bartz moved to approve the Consent Agenda minus item 8.B.1. Commissioner Mitchell seconded the motion and it carried unanimously. RESULT: ADOPT AS AMENDED MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 2 Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None EXCUSED: None A. WARRANTS 1. Warrant List 7 & 8 Adopted by consent vote 21Page Page 167 of 220 BOCC Regular Meeting Tuesday, December 3, 2019 6:00 PM B. ADMINISTRATION 1. Treasure Coast 2020 Tri-County Legislative Priorities This item was pulled from the consent agenda. C. COUNTY ATTORNEY 1. Resolution No. 19-262 - Facilities Use Agreement with WIRA Christmas Kids of St. Lucie County, Inc. for 2019 WPSL Christmas Kids Toy Drive Use of Logistics Center Adopted by consent vote 2. Permission to Advertise - Ordinance Amending Chapter 6 (Animals) by amending Section 6- 31 (Traveling Animal Shows) and Section 6-86 (Animal Shelter Inspections) Adopted by consent vote 3. Ordinance - Including New Construction in PACE Program - Funding Agreement Amendment Adopted by consent vote 4. Sunshine Kitchen Food Business Incubator - Facilities Use Agreement with Treasure Coast Sunshine Incubator Kitchen, L.L.C. Adopted by consent vote D. COMMUNITY SERVICES 1. Florida Commission for the Transportation Disadvantaged (FY 2019-20) Innovation and Service Development Grant Award (Direct Connect) Adopted by consent vote 2. Florida Commission for the Transportation Disadvantaged (FY 2019-20) Innovation and Service Development Grant Acceptance (Dialysis). Adopted by consent vote 3. Budget Resolution - FCTD SFY20 Direct Connect (Innovation and Service Dev. Grant) Adopted by consent vote 4. Budget Resolution - FCTD SFY20 Dialysis (Innovation and Service Dev. Grant) Adopted by consent vote 5. Budget Resolution - FDOT SFY20 Service Development Grant - New Bus Route - 25th St Adopted by consent vote 6. Budget Resolution - FDOT Service Development Grant - Microtransit Pilot Adopted by consent vote 3 1 PagE Page 168 of 220 BOCC Regular Meeting Tuesday, December 3, 2019 6:00 PM E. ENVIRONMENTAL RESOURCES 1. Teague Hammock Preserve Wetland Restoration Grant & Budget Resolution Adopted by consent vote 2. Becker Preserve Oxbow Restoration Grant & Budget Resolution Adopted by consent vote PUBLIC WORKS 1. Resolution No. 19-281 - Easy Street at US-1 Intersection Project Adopted by consent vote G. SOLID WASTE 1. Second Shift Request for Single Stream Operations Adopted by consent vote 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Resolution - Public Hearing to abandon a portion of Whiteway Dairy Road in Section 18, Township 35 South, Range 40 East JoAnn Riley, Property Acquisitions Manager, presented this item. Guettler Holdings, LLC requested to abandon Whiteway Dairy Road adjacent to their property located at 4401 Whiteway Dairy Road. Whiteway Dairy Road is an existing 30' right-of-way deeded to the County in 1927 for the purpose of a right of -way and easement in and to said lands for public highway purposes. It is an unpaved roadway maintained by St. Lucie County and provides access to property adjacent to the roadway and connectivity and circulation between properties on Swain Road to Hartman Road. County staff received an email from Robert V. Schwerer, Esq. on behalf of his client Guettler Holdings, LLC requesting a postponement of the Public Hearing to February 4, 2020 at 6:00 p.m., or as soon thereafter as the item may be heard. Staff recommended the Board accept the request to continue the Public Hearing to February 4, 2020 at 6:00 p.m., or as soon thereafter as the item may be heard. Chair Townsend opened the hearing for public comment at this time. The following person addressed the Board: Mohammad Hajjar, 45 Valencia Ave, Coral Gables, owns the adjacent property and asked why the applicant was seeking to effectively close that road. The Property Acquisition Manager replied that the applicant did not provide a reason and that the County was still investigating the request. Commissioner Dzadovsky suggested that Mr. Hajjar could meet with him to discuss the specifics. 41Page Page 169 of 220 BOCC Regular Meeting Tuesday, December 3, 2019 6:00 PM 0 There being no one further wishing to address the Board, Chair Townsend closed the public hearing. Commissioner Hutchinson noted that she would be abstaining from the vote because of a conflict. A motion was made to continue the public hearing to February 4, 2020 at 6:00 p.m. and it passed unanimously. RESULT: CONTINUE MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None ABSTAIN: Frannie Hutchinson Ordinance 19-015 - Update to Ordinance 10-024 - County Logo Assistant County Attorney Catherine Barbieri presented this item. Section 165.043 of the Florida Statutes allows counties to designate an official seal. Recently the Communications Division made slight alterations to the current County logo in an effort to make it more graphic design -friendly and ADA-compliant. The Communications Division will work with County departments to phase out the current logo from brochures, vehicles, uniforms, signage and other promotional items in an effort to reduce the costs of rebranding the entire County. Staff recommended that the Board update Ordinance 10-024 to reflect the revised County logo as the new official logo for St. Lucie County. Chair Townsend opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Townsend closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 1 Chris Dzadovsky Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None EXCUSED: None 51 Page 170 of 220 BOCC Regular Meeting Tuesday, December 3, 2019 6:00 PM B. PLANNING & DEVELOPMENT SERVICES 1. Kingsgate Center - Planned Non -Residential Development (PNRD) Amendment to the Official Zoning Atlas (Rezoning) from the RM-11 (Residential, Multiple -family —11 du/ac) to PNRD (Planned Non-residential Development) & Preliminary/Final PNRD Site Plan SW Corner of Orange Avenue & Kings Highway The applicant, BP — OK LLC, requested approval of a Zoning Atlas Amendment (Rezoning RM- 11 to PNRD) and a Preliminary/Final Site Plan for a Planned Non -Residential Development to develop a commercial subdivision. Phase 1 includes a 6,119 sq. ft. Super Convenience Market with Gasoline Pumps (Wawa). The subject 11.409-acre property is undeveloped and currently zoned RM-11 Residential, Multiple -family - 11, with a land use designation of MXD, Mixed -use Development — Orange Avenue / 195 Mixed Use Activity Area. The site is identified within a High Intensity area. Staff recommended approval with conditions. This item was Quasi -Judicial, and the Commissioners made the following disclosures: • Chair Townsend met with staff only. • Commissioner Hutchinson met with staff only. • Commissioner Dzadovsky met with staff only. • Commissioner Mitchell met with staff only. • Commissioner Bartz met with staff only. Chair Townsend opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Townsend closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 1 Chris Dzadovsky Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None EXCUSED: None 2. Comprehensive Plan Amendment Transmittal Hearing - Flood Maps effective date update to February 19, 2020 - Transmittal Hearing Jodi Nentwick, Senior Planner, presented this item. St. Lucie County is initiating an amendment to the Comprehensive Plan, Future Land Use Map Series Atlas, to update the Flood Insurance Rate Map (FIRM) date to February 19, 2020 for St. Lucie County and Incorporated Areas. Staff recommended Board approval for the transmittal to Florida 61Page Page 171 of 220 BOCC Regular Meeting Tuesday, December 3, 2019 6:00 PM 3. Department of Economics of the proposed Comprehensive Plan Amendment updating the enclosed Flood Maps with an effective date of February 19, 2020, with a second public hearing on February 4, 2020 at 6:00 PM. Chair Townsend opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Townsend closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 1 Chris Dzadovsky Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None EXCUSED: None Land Development Code Text Amendment: Update Flood Maps Effective Date - First Reading This item was discussed as part of item 9.13.2. Federal Emergency Management Agency (FEMA) notified St. Lucie County of Flood Insurance Study revisions with a new effective date of February 19, 2020. As a participating community with the National Flood Insurance Program (NFIP), the County is required to update the Floodplain Management within the St. Lucie County Land Development Code (LDC) to reflect associated changes. Staff recommended Board approval of the First Reading amending the Land Development Code to update the Flood Insurance Rate Map to the effective date of February 19, 2020. Chair Townsend opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Townsend closed the public hearing. A motion was made to approve the first reading and it passed unanimously. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: APPROVE 1ST READING Commissioner District 1 Chris Dzadovsky Commissioner District 4 Frannie Hutchinson Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson None None 71Page Page 172 of 220 BOCC Regular Meeting Tuesday, December 3, 2019 6:00 PM C. PUBLIC SAFETY 1. 2. St. Lucie County Certificate of Public Convenience and Necessity Application - Skytop Transportation Inc. This item was presented by Ron Parrish, Public Safety Director. Skytop Transportation, Inc. submitted an application for a Class F (Wheelchair) Certificate of Public Convenience and Necessity (CON). At its meeting on October 24, 2019, the Emergency Medical Services Advisory Council reviewed the application and determined the application was in compliance with the standards of review set forth in Section 18-54 of the St. Lucie County Code of Ordinances. Staff recommended the Board approve the application of Skytop Transportation, Inc. for a Class F Certificate of Convenience and Necessity. Chair Townsend opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Townsend closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 2 Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None EXCUSED: None St. Lucie County Certificate of Public Convenience and Necessity Application - Treasure Coast Transportation Services Ron Parrish, Public Safety Director, presented this item. Treasure Coast Transportation Services submitted an application for a Class F (Wheelchair) Certificate of Public Convenience and Necessity (CON). At its meeting on October 24, 2019, the Emergency Medical Services Advisory Council reviewed the application and determined the application was in compliance with the standards of review set forth in Section 18-54 of the St. Lucie County Code of Ordinances. Staff recommended the Board approve the application of Treasure Coast Transportation Services for a Class F Certificate of Public Convenience and Necessity. Chair Townsend opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Townsend closed the public hearing. gl Page 173 of 220 BOCC Regular Meeting Tuesday, December 3, 2019 6:00 PM 3. A motion was made to approve staff recommendation and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 3 Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None EXCUSED: None St. Lucie County Certificate of Public Convenience and Necessity Application - MCT Express, Inc DBA United Medical Transportation Ron Parrish, Public Safety Director, presented this item. MCT Express, Inc. DBA United Medical Transportation, submitted an application for a Class B (Nonemergency interfacility Medical calls) Certificate of Public Convenience and Necessity (CON). At its meeting on October 24, 2019, the Emergency Medical Services Advisory Council reviewed the application and determined the application was in compliance with the standards of review set forth in Section 18-54 of the St. Lucie County Code of Ordinances. Staff recommended the Board approve the application of MCT Express, Inc. DBA United Medical Transportation, for a Class B Certificate of Public Convenience and Necessity. Chair Townsend opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Townsend closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 1 Chris Dzadovsky Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None EXCUSED: None 91 Page 174 of 220 BOCC Regular Meeting Tuesday, December 3, 2019 6:00 PM 4. St. Lucie County Certificate of Public Convenience and Necessity Application - MCT Express, Inc DBA United Medical Transportation Ron Parrish, Public Safety Director, presented this item. MCT Express, Inc. DBA United Medical Transportation, submitted an application for a Class F (Wheelchair) Certificate of Public Convenience and Necessity (CON). At its meeting on October 24, 2019, the Emergency Medical Services Advisory Council reviewed the application and determined the application was in compliance with the standards of review set forth in Section 18-54 of the St. Lucie County Code of Ordinances. Staff recommended the Board approve the application of MCT Express, Inc. DBA United Medical Transportation, for a Class F Certificate of Public Convenience and Necessity. Chair Townsend opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Townsend closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: 10. REGULAR AGENDA There were no items scheduled. 11. ANNOUNCEMENTS ADOPT Commissioner District 2 Sean Mitchell Commissioner District 4 Frannie Hutchinson Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson None None A. The Board of County Commissioners will hold a Special 4H Event on Thursday, December 5, 2019 at 6pm at the Havert L. Fenn Center located at 2000 Virginia Avenue, Fort Pierce, FL. B. The Board of County Commissioners will hold an Informal meeting on Tuesday, December 10, 2019 at gam in Conference Room 3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. The Board of County Commissioners will hold a Regular meeting on Tuesday, December 17, 2019 at 9am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 101Page Page 175 of 220 BOCC Regular Meeting Tuesday, December 3, 2019 6:00 PM 12. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. Please note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. 11 I Page 176 of 220 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA Tuesday, February 4, 2D20 PIU11[L EF A Pauftil :ll ANOV C41 TO THE Ulm HEWI-'I NJ rL4RRF I Aw un: nW WIN ATU6 ha SI. LI'clo Guimtp kaid of Cwnit CamhMlwlri prop*" d onrltler the Ai84119/' nl the ralbwnp In nidlHAnra, OHDIMANRE No-, 'IE hf};TICG I'1D'D2?61C' AN DRCINANCE DF TAL uOpMD OF COUNTT' G11ONIRSIDHERS OF SI. LUCIE DDUIPFT, RUMDA, MEHurJG THE ADOPTER 00MPRMIENSI4E PLAN fllTRDE LAND USE MAP SLAILS AMA OF THE PRIR WMP161IENM PLAN T.D 11PDkTt THE FLOOD IP&ONANCE R MA HAP; PADPIDRIC FM CaRFLICTI% PRQTWms; PRNmIMG FOR SE4ERURITT; PROVMIILG FOIS JLFPLICARLR4; PPAYIDgR PDRFIlIN67JNNllf OEPARTLf HT 4P SLATE; PRO41DE1GF0a FILTI0 KITH THE Fa.01EPDA DIPADTNENT OF EDVUMIC CFOH P1W I ni RWIDING AN EFFECTIVE DAM; W41DING FOA ADOPTION AND PA04ION6 191E CODIPIWTIDK LFMAND SI I -rJ, Cwllr Dw1d el Ccule V m•'USy'a1s WRPasE:Sj Luuv{ uds 111tiIio^Dan mNmeN.lome �mpniiaih NFh - Fuure DO W Map "vaneshus al lio 20 H Conpr[hrrkla Pd1 b rpden he Rand IAgJmw ReN Map Li IRL4 m tImellrene dal6arFeM1Y 16, 2Un La SI. L uta QhJATJ. Rmtld a V h[a'poiMArms. LDOATIOk SL LWa Wd1Tr.nd:nn}i—p,.Y dSI. 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F Page 177 of 220 LUCE L o Q TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Jodi Nentwick, Senior Planner Planning & Development Services 9.B.3. ORD-2020-5 PUBLIC HEARINGS - PLANNING & DEVELOPMENT SERVICES DATE: 2/4/2020 *ORDINANCE ITEM - LAND DEVELOPMENT CODE TEXT AMENDMENT QUASI-JUDICIAL ITEM? NO Land Development Code Text Amendment: Update Flood Maps Effective Date - Adoption Hearing On October 22, 2019, staff received permission to advertise a proposed ordinance for public hearings before the Local Planning Agency and two (2) hearing before the Board of County Commissioners. The Planning and Zoning Commission, acting as the Local Planning Agency at their November 21, 2019 meeting, voted unanimously to recommend the proposed amendment. On December 3, 2019, the Board recommended approval of the First Reading amending the Land Development Code to update the Flood Insurance Rate Map the effective date of February 19, 2020. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval for the adoption of Ordinance No. 2019-17 amending the Land Development Code to update the Flood Insurance Rate Map to the effective date of February 19, 2020. COMMISSION ACTION: Page 178 of 220 RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures [REVIEWE RS_APPROVE RS_ONLY_SIG_VERT Page 179 of 220 Planning and Development Services Department Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Leslie Olson, AICP, Director Ben Balcer, Assistant Director FROM: Jodi Nentwick, Senior Planner DATE: January 20, 2020 SUBJECT: Land Development Code Text Amendment — Flood Insurance Rate Maps St. Lucie County initiated an amendment to the Land Development Code Text Amendment, Section 6.05.02.C. Basis for Establishing Flood Hazard Areas, concurrent with a Comprehensive Plan Future Land Use Map Series (2018), to update the Flood Insurance Rate Map (FIRM) with the February 19, 2020 effective date for St. Lucie County including incorporated areas. Federal Emergency Management Agency (FEMA) notified St. Lucie County of Flood Insurance Study revisions with a new effective date of February 19, 2020. As a participating community within the National Flood Insurance Program (NFIP), we are required to update the Floodplain Management within the St. Lucie County Land Development Code (LDC) to reflect associated changes. Floodplain management is intended to protect human life and health, minimize property damage, encourage appropriate construction practices to minimize future damage, protect individuals from unwittingly purchasing land subject to flood hazards, and reduce economic losses caused by flood damages. Background: On January 23, 2018, the Board of County Commissioners adopted the Floodplain Model Ordinance (18-001) meeting the NFIP requirements and implementing enforcement mechanism of the Florida Building Code (FBC). The Floodplain Administrator is tasked with evaluating development applications and enforcement of the local adopted standards of the Flood Management established for St. Lucie County. The NFIP, managed by the FEMA, has three core components: to provide flood insurance, improve floodplain management and develop flood hazard zone maps. Participating community benefits include enabling homeowners, business owners and renters to purchase federally backed flood insurance at a discounted rate. This insurance alternative, to disaster assistance, meeting the escalating costs of repairing flood damage to buildings and their contents. PUBLIC NOTICE: On January 24, 2020, this agenda item was advertisement in the local newspaper specifying the Board of County Commissioners' Public Hearing. ST. LUCIE 111 ORK Page 180 of 220 Land Development Code Text Amendment Flood Map Up January 20, 2020 Page 2 PLANNING & ZONING COMMISSION: The Planning & Zoning Commission at their November 21, 2019 meeting, voted unanimously to recommend the proposed amendment to the Board of County Commissioners. STAFF RECOMMENDATION Staff recommends the Board approve the Adoption of Ordinance No. 2019-17 to amend the Land Development Code to update the Flood Insurance Rate Map effective date as submitted. Page 181 of 220 ORDINANCE NO. 2019-17 FILE NO: TLDC-11201925636 AN ORDINANCE OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE, SECTION 6.05.00 — FLOODPLAIN MANAGEMENT TO UPDATE THE FLOOD INSURANCE RATE MAPS; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, Section 125.01, Florida Statutes, authorizes the Board of County Commissioners to establish programs providing for the health, safety and general welfare of the residents of St. Lucie County; and, WHEREAS, St. Lucie County participates in the National Flood Insurance Program and the St. Lucie County Board of County Commissioners desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and WHEREAS, the Federal Emergency Management Agency has revised and reissued the Flood Insurance Study for St. Lucie County, Florida and Incorporated Area, with an effective date of February 19, 2020; and WHEREAS, the St. Lucie County Board of County Commissioners has determined that it is in the public interest to amend the Land Development Code, Chapter VI — Resource Protection Standards, Section 6.05.00— Floodplain Management, to identifythe effective date of the revised Flood Insurance Study and Flood Insurance Rate Maps. 1. On January 9, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Comprehensive Plan. 2. The Board of County Commissioners as the governing body of St. Lucie County having jurisdiction over this application pursuant to Chapter 163, Florida Statues, is authorized and empowered to consider amendments to the adopted Comprehensive Plan of St. Lucie County. 3. On November 21, 2019, the St. Lucie County Planning and Zoning acting as the Local Planning Agency held a public hearing, of which due notice was published in the St. Lucie 1 Added language is underlined. Deleted language is stF el( thFeugk. Page 182 of 220 News Tribune, and recommended approval/denial of the proposed amendment to the Board of County Commissioners. 4. On December 3, 2019, the Board of County Commissioners of St. Lucie County, Florida held the first of two required public hearing, of which due notice was placed in the St. Lucie News Tribune and approved transmittal to the Department of Economic Opportunity division of Community Planning. 5. On February 4, 2020, the Board of County Commissioners of St. Lucie County, Florida held a public hearing, of which due notice was placed on the St. Lucie News Tribune, and deemed the adoption of the amendments to the Comprehensive Plan NOW, THEREFORE, BE IT ORDAINED by the St. Lucie County Board of County Commissioners that the following amendments is hereby adopted. PART A. CHAPTER VI — RESOURCE PROTECTION STANDARDS IS HEREBY AMENDED BY AMENDING SECTION 6.05.00 - FLOODPLAIN MANANEMENT AS FOLLOWS: Sec. 6-05.02.13 Basis for Establishing Flood Hazard Areas. The Flood Insurance Study for St. Lucie County, Florida and Incorporated Areas dated February 19, 2020 FebFwaFy 16, 2012, and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as part of this ordinance and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the Planning and Development Department located at 2300 Virginia Avenue, Fort Pierce, FL 34982. PART B. APPLICABILITY. For the purposes of jurisdictional applicability, this Ordinance shall apply in all unincorporated areas of St. Lucie County. This Ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after the effective date of this ordinance. PART C. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the St. Lucie County Board of County Commissioners that the provisions of the Ordinance shall become and be made a part of the St. Lucie County Land Development Code, and that the sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," "regulation," or such other appropriate word or phrase in order to accomplish such intentions. 2 Added language is underlined. Deleted language is StF GI( thFE)UgI4. Page 183 of 220 PART D. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of the District that the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. PART E FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This Ordinance shall take effect upon filing of a certified copy of this Ordinance with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Cathy Townsend XX Vice Chair Chris Dzadovksy XX Commissioner Sean Mitchell XX Commissioner Linda Bartz XX Commissioner Frannie Hutchinson XX PART I. CODIFICATION. Provisions of this Ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts E through J shall not be codified. 3 Added language is underlined. Deleted language is StF GI( thFeUgI4. Page 184 of 220 PASSED AND DULY ADOPTED this 4th day of February 4, 2020. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair 4 Added language is underlined. Deleted language is stF el( thFeugl4. APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 185 of 220 � gsRTJ Federal. Emergency Management Agency Washington, D.C. 20472 CERTIFIED MAIL IN REPLY REFER TO: RETURN RECEIPT REQUESTED 115-1 August 19, 20.19 The Honorable Linda Bartz Chairperson, St. Lucie County Board of Commissioners 2300 Virginia Avenue Fort Pierce, Florida 34982 Dear Ms. Bartz: Community: St. Lucie County, Florida (Unincorporated Areas) Community No.: I20285 Map Panels Affected: Sec FIRM Index On December 7, 2018, you were notified of proposed modified flood hazard determinations affecting the Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) report for St. Lucie County, Florida and Incorporated Areas. The statutory 90-day appeal period that was initiated on December 21, 2018, when the Department of Homeland Security's Federal Emergency Management Agency (F'EMA) published a notice of the proposed flood hazard determinations for your community in the TCPalm has elapsed. The flood hazard determinations for your community may include the addition of and/or modifications to Base Flood Elevations, base flood depths, Special Flood Hazard Areas (SF14As), zone designations, and regulatory floodways. SFHAs are the areas subject to inundation by the flood having a I -percent chance of being equaled or exceeded in any given year (base hood). FF.MA received no valid requests for changes in the proposed flood hazard determinations. Therefore, the determination of the Agency as to the flood hazard information for your community is considered final. FEIVIA will publish a notice of final flood hazard determinations in the Federal Register as soon as possible. The modified flood hazard determinations and revised map panels for your community will be effective as of February 19, 2020, and will revise the FIRM and FIS report that were in effect prior to that date. For insurance rating purposes, the community number and new suffix code for the panels being revised are indicated on the maps and must be used for all new policies and renewals. The modifications are pursuant to Section 206 of the Flood Disaster protection Act of 1973 (Public Law 93-234) and are in accordance with the National Flood .insurance Act of 1968, as amended (Title = of the Flousing and Urban Development Act of 1968, Public Law 90-448), 42 U.S.C. 4001-_4128, and 44 C1±R Part 65. Because of the modifications to the FERM and FIS report for your community made by this map revision, certain additional requirements must be met under Section f361 of the 1968 Act, as amended, within 6 months from the date of this letter. It must be emphasized that all the standards specified in Paragraph 60.3(d and e) of the National Flood Insurance Program (NFIP) regulations must be enacted in a legally enforceable document. This includes the adoption of the effective FIRM and FIS report to which the regulations apply and the modifications made by this map revision. Some of the standards should already have been enacted by your community. Any additional requirements can be met by taking one of the following actions: 3 l . Amending existing regulations to incorporate any additional requirements of Paragraph 60.3(d and e); Page 186 of 220 2. Adopting all the standards of Paragraph 60.3(d and e) into one new, comprehensive set of t regulations; or 3. Showing evidence that regulations have previously been adopted that meet or exceed the j zni[tttutttrt-rectr�it�rtte�zts ot' para,fraph 60,10 and + i - r Also, prior to February 19, 2020, your community is required, as a condition of continued eligibility in the NFIP, to adopt or show evidence of adoption of floodplain management regulations that meet the standards of Paragraph 60.3(d and e) of the NT- P regulations. These standards are the minimum requirements and do not supersede any State or local requirements of a more stringent nature. } Many States and Communities have adopted building co& based on the lnterna�i a oifes (I -Codes ; the model I -Codes (2009 and more recent editions) contain flood provisions that either meet or exceed the minimum requirements ofthe NFIP for buildings and structures. The tnodel codes also contain provisions, currently .found in an appendix to the International Building Code, that apply to other types of development and NFIP requirements. In these cases, communities should request review by the NFIP State Coordinator to ensure that local floodplain management regulations are coordinated (not duplicative or inconsistent) with the State or Local building code. FEMA's resource, Reducing Flood Losses through the International Code: Coordinating Building Codes and Floodplain Management .regulations, 41h Edition (2014) provides some guidance on this subject and is available at httl?s://www.fema.gov/media- librart/assetsldocument5/96634. Please note, any enclosed correspondence from the State Floodplain Manager is provided to assist States and communities in coordinating to meet State requirements. Its inclusion with this determination should not be construed as FEMA's specific endorsement of its contents. Communities that fail to enact the necessary floodplain management regulations will be suspended from participation in the NFIP and subject to the prohibitions contained in Section 202(a) of the 1973 Act as amended. A Consultation Coordination Officer (CCO) has been designated to assist your community with any difficulties you may be encountering in enacting the floodplain management regulations. The CCO will be the primary liaison behveen your community and FEMA. For information about your CCO, please contact: Mr. Jesse Munoz Director, Mitigation Division Federal Emergency Management Agency, Region N 3003 Chamblee Tucker Road Atlanta, Georgia 30341 (770)220-5200 To assist your community in maintaining the HRM, we have enclosed a Summary of Map Actions to document previous Letter of Map Change (LOMC) actions (i.e., Letters of Map Amendment [LOMAs], Letters of Map Revision [LOMRs]) that will be superseded when the revised F RM panels referenced above become effective. Information on LOMCs is presented in the following four categories- (1) LO-MCs for which results have been included on the revised FIRM panels; (2) LOMCs for which results could not be shown on the revised FIRM panels because of scale limitations or because the LOW issued had determined that the lots or structures involved were outside the SFHA as shown on the FIR'4I; (3) LOMCs for which results have not been included on the revised FIRM panels because the flood Page 187 of 220 hazard information on which the original determinations were based is being superseded by new flood hazard information, and (4) LOMCs issued for multiple lots or structures where the determination for one or more of the lots or structures cannot be revalidated through an administrative process like the LOMCs in Category 2 above. LOMCs in Category 2 will be revalidated through a single letter that reaffirms the validity of a previously issued 1-0MC; the letter will be sent to your community shortly before the effective date of the revised FIRM and will become effective I day after the revised FIRM becomes effective. For the LOMCs listed in Category 4, we will review the data previously submitted for the LOMA or LOMR request and issue a new determination for the affected properties after the revised FUUM becomes effective. The FUCM panels have been computer -generated. Once the FIRM and FIS report are printed and distributed, the digital files containing the flood hazard data for the entire county can be provided to your community for use in a computer mapping system. These files can be used in conjunction with other thematic data for floodplain management purposes, insurance purchase and rating requirements, and many other planning applications, Copies of the digital files or paper copies of the FIRM panels may be obtained by calling our FEMA Map Information eXchange (FMIX), toll free, at 1-877-FEIMA MAP (1-877-336-2627). In addition, your community maybe eligible for additional credits under our Community Rating System if you implement your activities using digital mapping files. For assistance with your floodplain ordinance, please contact the Florida Division of Emergency Management by email at floods.ordinance`uem.myflorida.com. For general assistance with floodplain management, contact Steve Martin, NrIP State Coordinator for Florida by telephone at (850) 413-9960 or by email at steve.martin a em.myflorida.com. If you have any questions regarding the necessary floodplain management rzreasures for your community or the NFIP in general, we urge you to call the Director, Mitigation Division of FFMA Region IV in Atlanta, Georgia, at (770) 220-5200 for assistance. If you have any questions concerning mapping issues in general or the enclosed SOMA, please call our FMIX at the toll free number shown above. Additional information and resources your community may fmd helpful regarding the NFIP and floodplain management, such as The National Flood Insurance Program Code of Federal Regulations, Answers to Questions About the National Flood Insurance Program, Use of Flood .insurance Study (FIS) Data as Available Data, Frequently Asked Questions Regarding the Effect that Revised Flood Hazards have on Existing Structures, and National Flood Insurance Program Elevation Certificate and .Instructions, can be found on our website at https://www.floodmaps.ferna.gov/lfd. Paper copies of these documents may also be obtained by calling our FMIX. Sincerely, Luis Rodriguez, P.E.'j?irectof—, Engineering and Modeling Division Federal Insurance and Mitigation Administration Enclosures: Final SOMA Adoption ofNFIP-Compliant Flood Ordinances with the FBC Page 188 of 220 cc: Community Map Repositozy Ms. Debra Zampetti, Permitting and Zoning Supervisor, St. Lucie County Page 189 of 220 SOMA-2 FINAL SUMMARY OF MAP ACTIONS Community: ST. LUCIF COUNTY Community No: 120285 To assist your community in maintaining the Flood Insurance Rate Map (FIRM), we have summarized below the effects of the enclosed revised FIRM panels(s) on previously issued Letter of Map Change (LOMC) actions (i_e., Letters of Map Revision (LOMRs), Letter of Map Revision based on Fill (LOMR-Fs), and Letters of Map Amendment (LOMAs)) that will be affected when the revised FIRM becomes effective an February 19, 2020. 1. LOMCs Incorporated The modifications effected by the LOMCs listed below will be reflected on the revised FI RM. In addition, these LOMCs will remain in effect until the revised FIRM becomes effective, LbRAC Case No, Date Issued Project Identifier Original genet Current panel CBR8 REMOVAL FOR FLORIDA 12111CO086J 12111CO086K LWAR 19-04-16520P 02J1512019 12111CO087J 12111CO087K 12111CC088J 12111C0088K 12111CO089J 12111CO089K 12111CO093J 12111CO093K 12111C0177J 12111CO177K 12111C0179J 12111C01713K 12111C0181J 12111C0181K 12111CO183J 12111CO153K 12111CO187J 12111CO187K 12111CO191J 12111CO191K 1211100102J 12111CO192K 12111C0193J 12111CO193K 12111C0194J 12111C0194K 12111CO281J 12111CO281K 12111CO282J 1211100282K 12111CO284J 12111CO284K 12111CO292J 12111CO292K 12111C0301J 12111CC301K 12111C0303J 12111C0303K 12111CO311J 12111CO311K 1211100312J 12111CG312K 2. LOMCs Not Incorporated The modifications effected by the LOMCs listed below will not be reflected on the revised FIRM panels or will not be reflected on the revised FIRM panels because of scale limitations or because the LOMC issued had determined that the lots) or structure(s) involved were outside the Special Flood Hazard Area, as shown on the FIRM. These LOMGs will remain in effect until the revised FIRM becomes effective. These LOMCs will be revalidated free of charge 1 day after the revised FIRM becomes effective through a single revalidation letter that reaffirms the validity of the previous LOMCs. Page I of 4 Page 190 of 220 FINAL SUMMARY OF MAP ACTIONS Community: ST, LUCIE COUNTY 2A. LOMCs on Revised Panels SOMA-2 Community No: 120285 LOMC Case No. Rate Project Identifier Original Current Issued Panel Panel LOMR-F 921-083 12116/1991 LOT 3, BLOCKs9, INDIAN RIVER 12111CO281F 12111CO281K ESTATES, UNIT B. 5908 BIRCH DRIVE LOT31, BLK56, UN IT8, INDIAN RIVER LOMA 92-04-219i3 07114/1992 ESTATES 12111CO281F' 12111CO281K LOT 3, BLOCK 23, iNDIAN R VER LOMR-F 941-032 11112/1993 ESTATES, UNIT 6AND LOT 4,BLOCK23• 12111CO281G 12111CO281K INDIAN RIVER ESTATES, UNIT 6, 54,14 SILVER OAK DRIVE LOMR-F 942-C62 02/23/1994 LOTS 1 AND 2, BLOCK 60, INDIAN RIVER 12*111CO281G 1211 1CO281 K ESTATES, UN78, 5612 SEAGRAPE DRIVE ;.OT42, BLOCK 19, RIVER PARK, UNIT LOMA R4973260 08/0711997 2,213OLIVE AVENUE 1211ECfl280F 12111CO279K LOT 35, BLOCK 52, -INDIAN RIVER LOMR-F R4-943-113 08/1611997 ESTATES, UNIT 7.5209SUNSET BLVD 12111CO281G 12111CO281K SEA BREEZE CONDOMINIUM LOMA 03-04-0960A 02/2112003 (ATLANTIC VIEW BEACH CLUB, PHASE 12111 CO089G 12111CO093K Ili) - 5049 NORTH SR A1A FOREST GROVE MIDDLE SCHOOL - 12111C01BSF 12111CO186J LOMR-F 04-04-2390A 02/19/2004 32015.251HSTREET 12111CO188F 12111CO188K RIVER VISTA REPLAT, BLOCK 6, LOT LOMA 05-04 4291A 08130/2005 15 — 3323 RIVER VISTA DRIVE 12111 C0405F 12111C0402K CORAL COVE BEACH, BLOCK 4, LOT LOMA 05-04-4242A 09/01/2006 32-2e5 BERMUDA BEACH DRIVE 12111CO181G 12111COIBIK WEST HAMMOCK V[LLAGE, LOMA 06-04-BB08A 04012006 HARBOUR RIDG17, PLAT 9, UNIT 10 — 12111 CO405F 12111C0402K 1472 N.W. SW1=ET9AY CIRCLE CARDINAL GLADES, BLOCK4, LOT 2- LOMA 07-04-6557A 11/13/2007 -4404ARECAPALMDRIVE 12111CO189F 12111CO189K INWAN RIVER ESTATES, UNIT 8, LOMA 08-04-4735A 0713112008 BLOCK64, LOT 19-5900 HICKORY 12111Co281G 12111CO281K DRIVE INDIAN RIVER ESTATES, UNIT SIX, -- LOMA 10-04-3008A 0411312010 BLOCK e, LOTS 32 9,33 — 6413 12111 CO28OF 12111CO277K PALMETTO DRIVE INDIAN RIVER ESTATES UNIT 9- BLOCK LOMA 12.04-4688A 05I2212012 86, LOTS 25 & 26-6003 SA,LI900 12111CO281J 12111CO281K DRIVE INDIAN RIVER ESTATES UNIT 6, BLOCK LOMA 12-04-4689A 06/21/2012 20, LOTS 39 & 40 — 5801 SILVER OAK 12111CO281J 12111GO281K DRIVE CORAL COVE BEACH SECTION 1, LOMA 12-04-7959A 09/18/2012 9LOCK4.LOT 34-261BERMUDA 12111CO181J 12111CO181K BEACH DRIVE Page 2 of 4 Page 191 of 220 SOMA-2 FINAL SUMMARY OF MAP ACTIONS Community: ST, L.UCIE COUNTY Community No: 120285 LOMC Case No, Date Project Identifier Original Current Issued Panel Panel OCEAN HARBOR CONUOMINIQM -- LOMA 13-04-0339A 10/1612012 5157, 5159, 5155, 5163 & 5151 NORTH 12111C0087J 1211100087K A1A Lot 13, Block 2423/34. Port St, Lucie LOMA 13-04-3912A 0312712013 Subdivision - 498 SW Copperfiald 12111C0405J 12111CO406K Avenue OCEAN RESORTS CO-OP, INC-, SHE LOMA 14-04-5647A 0512912014 NO.71 — 6330 FOURWINDS WAY 12111C0087J 12111COOBSK RIVERBEND, # OTS 1-6, 10-19. 23.45 & LOMR-F 14 04-6434A 08/26/2014 47 — NW WHEATON LANE & NW 12111 C0406J 12111 CO406K RACOLIFFE WAY MARINER VILLAGE, HARBOUR RIDGF LOMA 16-04-3441A 0412612016 PLAT NO, 4, UNIT 1 —12709 NW 12111 C0406J 12111C0406K MAR;NER COURT AVALON BEACH, P.U.D., BLOCK 2, LOMA 18-04-0915A 12/2012017 LOT 11 — 150 OCEAN ESTATES DR;VE 1211100087J 12111 C0087K 2B. LOMCs on Unrevised Panels LONIC Case Na. Date Project identifier Original Current Issued Panel Panel EAGLE'S RETREAT AT SAVANNA LOUR-F 04-04-A606A 03/23/2005 CLUB PRASE 2, LOTS 12 AND 13. 12111 CO283F 12111CO283J BLOCK 63 AND 19-29, BLOCK 52 PORTOFINO SHORES, PHASE 3, LOT LOMA 06-04-13Y21A 09/06/2006 342 — 6133 SPRING LAKE TERRACE 12111 CO07OF 12111G0070J SANDALWOOD ESTATES SUB DIV, LOMA 09-04-6160A 08/27/2009 BLOCK A, LOT 4-111 12111CO178F 12111C0178J SANDALWOOD DRIVE Celebration Pointe Subdivision, Various 12111C0159J 12111CO159J LOMA 19-04.1702A 01/11/2019 Lots 12111CO167J 12111CO167J LOMA 19-04-1704A 01/17/2019 Lot 48, Celebration Pointe Subdivision - 12111 C0159J 12111 C0159J Arrudement Avenue 12111CO167J 12111CO167J Lots 319-3521449.5171524-5311549-5651571 LOMA 19 04 1705A 01125l2019 582 Celebration Pointe - Gaiety Wayi 1C0167J 12111C0167J Cslebraoan 4r/Merriment Waylioviai CV1211 Gladness Ct Lot 353 - 360, Celebration Pointe Subdivision - 1819-1633 (odd) LOMA 19-04-1706A Oii2212019 Gaiety Way 12111CO167J 12111C0167J Lots 583-755, Celebration Pointe- LOMA 19-04-1707A 01129/2019 Celebration Dr, Gladness Ct., Party P1., 12111C0167J 12111CO167J Jovial Ct, Joyfu! Cr., Joyfui PI, 12111 C0186J 12111 C0186J Page 3 of 4 Page 192 of 220 SOMA-2 FINAL SUMMARY OF MAP ACTIONS Community; ST. LUCIE COUNTY Community No: 120285 3. 11-01VICs Superseded The modifications effected by the LOMCs listed below have not been reflected on the Final revised FIRM panels because they are being superseded by new or revised flood hazard information or the information available was not sufficient to make a determination. The reason each is being superseded is noted below_ These LOMCs will no longer be in effect when the revised FIRM becomes effective, LOMC Case No. Date Project Identifier Reason Determination Issued Will be Superseded LOTS 1 & 2 - OCEAN VIEtiI`d ESTATES LQMR-F 97-04-190A 121021199E 4 Ocean Pearl Condominium LOMR 11-04-4362P 07/26/2014, 4 Ocean Pea,] Condominium LOMR 12-04-1771P 02117/2012 Ocean Pearl ConcdOMOILm LONER 12-04-3107X 03/29/2012 4 24 N CAUSEUVAY DRWE LOtv1R 16-04-2206P 07126/2016 4 1. Insuf dent information available to make a determination. 2. Lowest Adjacent Grade and Lowest Finished Floor are below the proposed 3ase Flood Elevation. 3. Lowest Ground Elevation is below the proposed Base Flood Elevation. 4. Revised hydrologic and hydraulic analyses. 5. Revised topographic Prf€•,rrnation. 6. Superseded by another L.OMC. 4. LOMCs 7o Be Redetermined The LOMCs in Category 2 above will be revalidated through a single revalidation letter that reaffirms the validity of the determination in the previously issued LOMC. For LOMCs Issued for multiple lots or structures where the determination for one or more of the lots or structures is no longervelid, the: LOMC cannot be revalidated through this administrative process. Therefore, we will review the data previously submitted for the LOMC requests listed below and if appropriate issue a new determination for the affected properties after the effective date of the revised FIRM. LOW Case No. Date Project Identifier Original Current Issued Panel Panel t-OMA 12-0.0300A 11110/2€111 OCEAN PEARL CONDOINI N12'W -3320 12111C0089G 12111CO093K NORTH;iGHWAY,4':k Page 4 of 4 Page 193 of 220 DIVISION RICK SC071 Gcvernor STATE OF FLORIDA OF EMERGENCY MANAGEMENT URGENT ACTION MAY BE NEEDED! TO: Florida Communities Receiving FEMA LFDs for New Maps FROM: Steve Mar -tin, NFIP Coordinator/State Floodplain Manager Florida State Floodplain Management Office BRYAN W.KOON Director RE: Adoption of NFIP-Compliant Flood Ordinances Coordinated with the FBC The Federal Emergency Management Agency (FEMA) has established the effective date for the revised Flood Insurance Study and Flood Insurance Rate Maps (FIRMS) for your community through the issuance of a Letter of Final Determination (LFD). The letter advises affected communities that they must adopt or show evidence of adoption of a National Flood Insurance Program (NFIP)-compliant flood ordinance before the FIRMS become effective. Please note that since the 2010 edition, the Florida Building Code (FBC) has included requirements for buildings and structures in flood zones that satisfy the NFIP requirements for buildings and structures. All other NFIP requirements must be included in a community ordinance written specifically to work with the FBC, The Division of Emergency Management (DEM) has developed a FBC-coordinated State Model Floodplain Management Ordinance for use by communities. Communities that have adopted the State Model Floodplain Management Ordinance may have met this requirement if previously reviewed and approved by our office. In the next few days, the DEM State Floodplain Management Office will contact your community's designated Floodplain Administrator, There may be some action necessary even if your community already adopted the FBC-coordinated ordinance. And if your community has not yet adopted an FBC-coordinated ordinance, DEM offers free technical support to help you take this important step while meeting the schedule established by FEMA for adoption of the minimum required NFIP provisions, You may contact DEM at flo..ad,ordinancee-em.my_florida.com to obtain assistance with adopting a flood ordinance Lased on the State odel Floodplain Ordinance. Frequently Asked Questions, the model ordinance, Instructions and Notes for adopting the model ordinance, instructions for certain higher standards, and excerpts of the flood provisions of the 51h Edition Florida Building Code are online: lttp.!/www.floriddisalter.orglMiiigation/SFMPIIobr resources.htm. Vie welcome the opportunity to work with you to ensure that your community's flood ordinance is NFIP-compliant. If you have questions and wish to speak with our staff, please contact our helpline telephone number at: (850) 815-4556, SMI t V 1 S 14 td.,„A..O., 04 f2 7 17 5 Te€; 859-4 t3-�639 •Fax: 950-486-16Tfi �uTATE LO tSTIG5 RESPONSE CENTER 2555 Shumard Oak Uouiavard www,F dda!)isaster,org 2702 Directors Row 1_allahassco, FL 32399-2100 Orlando, FL 32809-5031 Page 194 of 220 Planning & Zoning Commission Meeting Thursday, November 21, 2019 6:00 PM 9rc [LUCD � PLANNING & ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA Regular Meeting November 21, 2019 Convened: 6:00 PM Adjourned: 6:18 PM 1. CALL TO ORDER The meeting was called to order by Chair Mundt at 6:00 PM. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Present Board Member Billy O'Dell, Chair Craig Mundt, Board Member Ed Lounds, Board Member James A. Taylor, Board Member Bob Lowe, Vice -Chair William R. Smith, Board Member Valerie Slack, Board Member Ryan Binner, Ex-Officio Marty Sanders Board Member Lawrence "Beau" Slay 4. ANNOUNCEMENTS None. 5. DISCLOSURE(S) None. 6. MINUTES A. St. Lucie County Planning & Zoning Commission minutes for the meeting of October 17, 2019 Chair Mundt motioned to approve all sets of minutes and it passed unanimously. 11Page Page 195 of 220 Planning & Zoning Commission Meeting Thursday, November 21, 2019 6:00 PM RESULT: Approve MOVER: Board Member Ed Lounds SECONDER: Vice -Chair William R. Smith Billy O'Dell, Craig Mundt, James A. Taylor, Bob Lowe, William R. AYES: Smith, Valerie Slack, Ryan Binner NAYS: None EXCUSED: Lawrence "Beau" Slay 7. PUBLIC COMMENT None. 8. PUBLIC HEARINGS 9 Proposed Text Amendment to the Land Development Code, Section 3.01.03.Q. CN, Commercial Neighborhood to allow for Self -Storage Facilities Limited to Enclosed Storage as a Conditional Use Presented by Jodi Nentwick, Senior Planner. The applicant is requesting postponement for items 8A and 813 to January 16, 2020 in order to hold a community meeting with the residents to review the project and better understanding of what the project entails. QUESTIONS FOR STAFF: None. RESULT: POSTPONE MOVER: Board Member Bob Lowe SECONDER: Board Member James A. Taylor Craig Mundt, Ed Lounds, William R. Smith, Ryan Binner, Valerie AYES: Slack NAYS: None EXCUSED: Lawrence "Beau" Slay Assistant County Attorney, Heather Young stated that the public hearing needs to be opened because this items were advertised. Chair Mundt opened the hearing for discussion: none Items 8A and 8B were deferred to January 16, 2020. Baron Island Storage - Conditional Use Permit for a Self -Storage Facility Limited to Enclosed Storage in the CN, Commercial Neighborhood Zoning District - 9500 Block of S. Ocean Drive Presented by Jodi Nentwick, Senior Planner. The applicant is requesting postponement for items 8A and 813 to January 16, 2020 in order to hold a community meeting with the residents to review the project and better understanding of what the project entails. 21Page Page 196 of 220 Planning & Zoning Commission Meeting Thursday, November 21, 2019 6:00 PM C. QUESTIONS FOR STAFF: None. RESULT: POSTPONE MOVER: Board Member Bob Lowe SECONDER: Board Member James A. Taylor Craig Mundt, Ed Lounds, William R. Smith, Ryan Binner, Valerie AYES: Slack NAYS: None EXCUSED: Lawrence "Beau" Slay Assistant County Attorney, Heather Young stated that the public hearing needs to be opened because the items were advertised. Chair Mundt opened the hearing for discussion: none Items 8A and 813 were deferred to January 16, 2020. Local Planning Agency Hearing: Comprehensive Plan Amendment - Update Flood Maps with the effective date of February 19, 2020 Presented by Jodi Nentwick, Senior Planner. Presenting staff comments for the proposed comprehensive plan and Land Development Code text amendment to update the Flood Insurance Rate Maps with the February 19, 2020 effective date for the St. Lucie County unincorporated areas. Amending Comprehensive Plan Future Land Use Map Series to update the maps reflecting the changes in accordance to the revised Flood Study. Both items are a public hearing and require separate action. No comments on the proposed amendments have been received. Public notice was advertised in the St. Lucie County News Tribune on November 10, 2019. FEMA notified St. Lucie County of the Flood Insurance Study revisions with a new effective date of February 19, 2020. As a participating community within the National Flood Insurance Program (NFIP), St. Lucie County is required to update the maps to reflect the associated changes. On January 23, 2018, BOCC adopted the Floodplain Model Ordinance, meeting the NFIP requirements and implementing the enforcement mechanism of the Florida Building Code. The following maps have been identified as part of the amendment to the Comp. Plan: FLU- 5 Flood Map Zone, FLU-5A Flood Zones with BFE, and CST-4 Coastal High Hazard Areas. STAFF RECCOMENDATION: Staff recommends that the Planning & Zoning Commission forward a recommendation of approval to the St. Lucie County Board of County Commissioners for the proposed Comprehensive Land Use Map Series Atlas as submitted. 3 1 P a g. Page 197 of 220 Planning & Zoning Commission Meeting Thursday, November 21, 2019 6:00 PM A PUBLIC COMMENTS: None RESULT: Approve MOVER: Board Member Billy O'Dell SECONDER: Board Member Bob Lowe Craig Mundt, Ed Lounds, James A. Taylor, Bob Lowe, William R. AYES: Smith, Ryan Binner and Valerie Slack NAYS: None EXCUSED: Lawrence "Beau" Slay Land Development Code Text Amendment - Amending Section 6.05.00 Floodplain Management to update the Flood Insurance Rate Map to the effective date of February 19, 2020 Presented by Jodi Nentwick, Senior Planner. Amending Section 6.05.02.0 - Basis for Establishing Flood Hazard Areas to update the Flood Insurance Rate Map (FIRM) with the February 19, 2020 effective date for St. Lucie County including incorporated areas. The existing FIRM date is February 16, 2012; the updated FRIM date is February 19, 2020; the request is to revise the date to the new map. STAFF RECOMMENDATION: Staff recommends the Planning & Zoning Commission forward a recommendation of approval to the St. Lucie County Board of County Commissioners for the Land Development Code Text Amendment to update the Flood Insurance Rate Map with the February 19, 2020 effective date for St. Lucie County and incorporated areas. QUESTIONS FOR STAFF: Mr. Lowe: Has the flood zone areas increased? Jodi: Based on the analysis of the flood study it appears that many of the areas were removed from the flood area. Mr. Lounds: What does BFE refer to? Jodi: Base Floor Elevation. Mr. Lounds: Are we basically not changing anything except the date? Jodi: Some of the flood zone areas were removed from the original comprehensive plan adopted a year ago, it was part of their Atlas series. We took the information from the Florida Geographic Data Library provided by FEMA and adjusted the maps according to the FEMA flood study. Mr. Taylor: How often is this updated? Jodi: Based on the development of the area. PUBLIC COMMENTS: None 41Page Page 198 of 220 Planning & Zoning Commission Meeting Thursday, November 21, 2019 6:00 PM RESULT: APPROVE MOVER: Board Member James A. Taylor SECONDER: Board Member Valerie Slack AYES: Billy O'Dell, Craig Mundt, Ed Lounds, Bob Lowe, William R. Smith, Ryan Binner NAYS: None EXCUSED: Lawrence "Beau" Slay 9. WORKSHOPS None. 10. OTHER BUSINESS Chair Mundt gave the new Planning & Zoning Commission member an opportunity to introduce herself. Valerie Slack, appointed by Commissioner Dzadovsky. She is very happy to have the opportunity to serve on the St. Lucie County Planning & Zoning Commission. She is a licensed architect and she serves as an executive board member on the American Institute of Architects, Treasure Coast Chapter. She is a lead certified professional in building design and construction. Her firm is called Native Design Architecture; she practices in the City Fort Pierce and St. Lucie County. She is really glad to get to know all the members. Chair Mundt inquired about potential items to be heard at the December Planning & Zoning Meeting. Leslie Olson, PDS Director stated that there is a possibility one item, but if the Board would like to cancel the December meeting in honor of the holidays, there are no urgent items. Chair Mundt stated that the pending item can be deferred until the January Planning and Zoning Commission meeting. 11. ADJOURN There being no further business to be brought before the Board, the meeting was adjourned at 6:18 PM 51 Page 199 of 220 '�r c LUCE 11 L111(1 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting December 3, 2019 1. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 5, Chair Cathy Townsend ,Present Commissioner District 1 Chris Dzadovsky Commissioner District 2 Sean Mitchell Commissioner District 3 Linda Bartz Commissioner District 4 Frannie Hutchinson Commissioner District 5 Cathy Townsend Also Present Howard Tipton, County Administrator Daniel McIntyre, County Attorney Alice Sennott, Recording Secretary 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE Convened: 6:00 PM Adjourned: 6:48 PM 4. PUBLIC COMMENT (excluding Public Hearing Items) Chair Townsend opened the meeting for public comment at this time. There being no one wishing to address the Board, Chair Townsend closed public comment. Page 200 of 220 BOCC Regular Meeting Tuesday, December 3, 2019 6:00 PM S. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the regular meeting of November 19, 2019. A motion was made to approve the minutes for the regular meeting of November 19, 2019 and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, AYES: Frannie Hutchinson NAYS: None EXCUSED: None 6. PROCLAMATIONS APPROVAL There were no proclamations. 7. PRESENTATIONS There were no presentations. 8. CONSENT AGENDA Commissioner Bartz requested to pull item 8.B.1 from the consent agenda. Commissioner Bartz moved to approve the Consent Agenda minus item 8.B.1. Commissioner Mitchell seconded the motion and it carried unanimously. RESULT: ADOPT AS AMENDED MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 2 Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None EXCUSED: None A. WARRANTS 1. Warrant List 7 & 8 Adopted by consent vote 21Page Page 201 of 220 BOCC Regular Meeting Tuesday, December 3, 2019 6:00 PM B. ADMINISTRATION 1. Treasure Coast 2020 Tri-County Legislative Priorities This item was pulled from the consent agenda. C. COUNTY ATTORNEY 1. Resolution No. 19-262 - Facilities Use Agreement with WIRA Christmas Kids of St. Lucie County, Inc. for 2019 WPSL Christmas Kids Toy Drive Use of Logistics Center Adopted by consent vote 2. Permission to Advertise - Ordinance Amending Chapter 6 (Animals) by amending Section 6- 31 (Traveling Animal Shows) and Section 6-86 (Animal Shelter Inspections) Adopted by consent vote 3. Ordinance - Including New Construction in PACE Program - Funding Agreement Amendment Adopted by consent vote 4. Sunshine Kitchen Food Business Incubator - Facilities Use Agreement with Treasure Coast Sunshine Incubator Kitchen, L.L.C. Adopted by consent vote D. COMMUNITY SERVICES 1. Florida Commission for the Transportation Disadvantaged (FY 2019-20) Innovation and Service Development Grant Award (Direct Connect) Adopted by consent vote 2. Florida Commission for the Transportation Disadvantaged (FY 2019-20) Innovation and Service Development Grant Acceptance (Dialysis). Adopted by consent vote 3. Budget Resolution - FCTD SFY20 Direct Connect (Innovation and Service Dev. Grant) Adopted by consent vote 4. Budget Resolution - FCTD SFY20 Dialysis (Innovation and Service Dev. Grant) Adopted by consent vote 5. Budget Resolution - FDOT SFY20 Service Development Grant - New Bus Route - 25th St Adopted by consent vote 6. Budget Resolution - FDOT Service Development Grant - Microtransit Pilot Adopted by consent vote 3 1 PagE Page 202 of 220 BOCC Regular Meeting Tuesday, December 3, 2019 6:00 PM E. ENVIRONMENTAL RESOURCES 1. Teague Hammock Preserve Wetland Restoration Grant & Budget Resolution Adopted by consent vote 2. Becker Preserve Oxbow Restoration Grant & Budget Resolution Adopted by consent vote PUBLIC WORKS 1. Resolution No. 19-281 - Easy Street at US-1 Intersection Project Adopted by consent vote G. SOLID WASTE 1. Second Shift Request for Single Stream Operations Adopted by consent vote 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Resolution - Public Hearing to abandon a portion of Whiteway Dairy Road in Section 18, Township 35 South, Range 40 East JoAnn Riley, Property Acquisitions Manager, presented this item. Guettler Holdings, LLC requested to abandon Whiteway Dairy Road adjacent to their property located at 4401 Whiteway Dairy Road. Whiteway Dairy Road is an existing 30' right-of-way deeded to the County in 1927 for the purpose of a right of -way and easement in and to said lands for public highway purposes. It is an unpaved roadway maintained by St. Lucie County and provides access to property adjacent to the roadway and connectivity and circulation between properties on Swain Road to Hartman Road. County staff received an email from Robert V. Schwerer, Esq. on behalf of his client Guettler Holdings, LLC requesting a postponement of the Public Hearing to February 4, 2020 at 6:00 p.m., or as soon thereafter as the item may be heard. Staff recommended the Board accept the request to continue the Public Hearing to February 4, 2020 at 6:00 p.m., or as soon thereafter as the item may be heard. Chair Townsend opened the hearing for public comment at this time. The following person addressed the Board: Mohammad Hajjar, 45 Valencia Ave, Coral Gables, owns the adjacent property and asked why the applicant was seeking to effectively close that road. The Property Acquisition Manager replied that the applicant did not provide a reason and that the County was still investigating the request. Commissioner Dzadovsky suggested that Mr. Hajjar could meet with him to discuss the specifics. 41Page Page 203 of 220 BOCC Regular Meeting Tuesday, December 3, 2019 6:00 PM 0 There being no one further wishing to address the Board, Chair Townsend closed the public hearing. Commissioner Hutchinson noted that she would be abstaining from the vote because of a conflict. A motion was made to continue the public hearing to February 4, 2020 at 6:00 p.m. and it passed unanimously. RESULT: CONTINUE MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None ABSTAIN: Frannie Hutchinson Ordinance 19-015 - Update to Ordinance 10-024 - County Logo Assistant County Attorney Catherine Barbieri presented this item. Section 165.043 of the Florida Statutes allows counties to designate an official seal. Recently the Communications Division made slight alterations to the current County logo in an effort to make it more graphic design -friendly and ADA-compliant. The Communications Division will work with County departments to phase out the current logo from brochures, vehicles, uniforms, signage and other promotional items in an effort to reduce the costs of rebranding the entire County. Staff recommended that the Board update Ordinance 10-024 to reflect the revised County logo as the new official logo for St. Lucie County. Chair Townsend opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Townsend closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 1 Chris Dzadovsky Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None EXCUSED: None 51 Page 204 of 220 BOCC Regular Meeting Tuesday, December 3, 2019 6:00 PM B. PLANNING & DEVELOPMENT SERVICES 1. Kingsgate Center - Planned Non -Residential Development (PNRD) Amendment to the Official Zoning Atlas (Rezoning) from the RM-11 (Residential, Multiple -family —11 du/ac) to PNRD (Planned Non-residential Development) & Preliminary/Final PNRD Site Plan SW Corner of Orange Avenue & Kings Highway The applicant, BP — OK LLC, requested approval of a Zoning Atlas Amendment (Rezoning RM- 11 to PNRD) and a Preliminary/Final Site Plan for a Planned Non -Residential Development to develop a commercial subdivision. Phase 1 includes a 6,119 sq. ft. Super Convenience Market with Gasoline Pumps (Wawa). The subject 11.409-acre property is undeveloped and currently zoned RM-11 Residential, Multiple -family - 11, with a land use designation of MXD, Mixed -use Development — Orange Avenue / 195 Mixed Use Activity Area. The site is identified within a High Intensity area. Staff recommended approval with conditions. This item was Quasi -Judicial, and the Commissioners made the following disclosures: • Chair Townsend met with staff only. • Commissioner Hutchinson met with staff only. • Commissioner Dzadovsky met with staff only. • Commissioner Mitchell met with staff only. • Commissioner Bartz met with staff only. Chair Townsend opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Townsend closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 1 Chris Dzadovsky Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None EXCUSED: None 2. Comprehensive Plan Amendment Transmittal Hearing - Flood Maps effective date update to February 19, 2020 - Transmittal Hearing Jodi Nentwick, Senior Planner, presented this item. St. Lucie County is initiating an amendment to the Comprehensive Plan, Future Land Use Map Series Atlas, to update the Flood Insurance Rate Map (FIRM) date to February 19, 2020 for St. Lucie County and Incorporated Areas. Staff recommended Board approval for the transmittal to Florida 61Page Page 205 of 220 BOCC Regular Meeting Tuesday, December 3, 2019 6:00 PM 3. Department of Economics of the proposed Comprehensive Plan Amendment updating the enclosed Flood Maps with an effective date of February 19, 2020, with a second public hearing on February 4, 2020 at 6:00 PM. Chair Townsend opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Townsend closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 1 Chris Dzadovsky Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None EXCUSED: None Land Development Code Text Amendment: Update Flood Maps Effective Date - First Reading This item was discussed as part of item 9.13.2. Federal Emergency Management Agency (FEMA) notified St. Lucie County of Flood Insurance Study revisions with a new effective date of February 19, 2020. As a participating community with the National Flood Insurance Program (NFIP), the County is required to update the Floodplain Management within the St. Lucie County Land Development Code (LDC) to reflect associated changes. Staff recommended Board approval of the First Reading amending the Land Development Code to update the Flood Insurance Rate Map to the effective date of February 19, 2020. Chair Townsend opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Townsend closed the public hearing. A motion was made to approve the first reading and it passed unanimously. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: APPROVE 1ST READING Commissioner District 1 Chris Dzadovsky Commissioner District 4 Frannie Hutchinson Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson None None 71Page Page 206 of 220 BOCC Regular Meeting Tuesday, December 3, 2019 6:00 PM C. PUBLIC SAFETY 1. 2. St. Lucie County Certificate of Public Convenience and Necessity Application - Skytop Transportation Inc. This item was presented by Ron Parrish, Public Safety Director. Skytop Transportation, Inc. submitted an application for a Class F (Wheelchair) Certificate of Public Convenience and Necessity (CON). At its meeting on October 24, 2019, the Emergency Medical Services Advisory Council reviewed the application and determined the application was in compliance with the standards of review set forth in Section 18-54 of the St. Lucie County Code of Ordinances. Staff recommended the Board approve the application of Skytop Transportation, Inc. for a Class F Certificate of Convenience and Necessity. Chair Townsend opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Townsend closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 2 Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None EXCUSED: None St. Lucie County Certificate of Public Convenience and Necessity Application - Treasure Coast Transportation Services Ron Parrish, Public Safety Director, presented this item. Treasure Coast Transportation Services submitted an application for a Class F (Wheelchair) Certificate of Public Convenience and Necessity (CON). At its meeting on October 24, 2019, the Emergency Medical Services Advisory Council reviewed the application and determined the application was in compliance with the standards of review set forth in Section 18-54 of the St. Lucie County Code of Ordinances. Staff recommended the Board approve the application of Treasure Coast Transportation Services for a Class F Certificate of Public Convenience and Necessity. Chair Townsend opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Townsend closed the public hearing. gl Page 207 of 220 BOCC Regular Meeting Tuesday, December 3, 2019 6:00 PM 3. A motion was made to approve staff recommendation and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 3 Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None EXCUSED: None St. Lucie County Certificate of Public Convenience and Necessity Application - MCT Express, Inc DBA United Medical Transportation Ron Parrish, Public Safety Director, presented this item. MCT Express, Inc. DBA United Medical Transportation, submitted an application for a Class B (Nonemergency interfacility Medical calls) Certificate of Public Convenience and Necessity (CON). At its meeting on October 24, 2019, the Emergency Medical Services Advisory Council reviewed the application and determined the application was in compliance with the standards of review set forth in Section 18-54 of the St. Lucie County Code of Ordinances. Staff recommended the Board approve the application of MCT Express, Inc. DBA United Medical Transportation, for a Class B Certificate of Public Convenience and Necessity. Chair Townsend opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Townsend closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: ADOPT MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 1 Chris Dzadovsky Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie AYES: Hutchinson NAYS: None EXCUSED: None 91 Page 208 of 220 BOCC Regular Meeting Tuesday, December 3, 2019 6:00 PM 4. St. Lucie County Certificate of Public Convenience and Necessity Application - MCT Express, Inc DBA United Medical Transportation Ron Parrish, Public Safety Director, presented this item. MCT Express, Inc. DBA United Medical Transportation, submitted an application for a Class F (Wheelchair) Certificate of Public Convenience and Necessity (CON). At its meeting on October 24, 2019, the Emergency Medical Services Advisory Council reviewed the application and determined the application was in compliance with the standards of review set forth in Section 18-54 of the St. Lucie County Code of Ordinances. Staff recommended the Board approve the application of MCT Express, Inc. DBA United Medical Transportation, for a Class F Certificate of Public Convenience and Necessity. Chair Townsend opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Townsend closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: 10. REGULAR AGENDA There were no items scheduled. 11. ANNOUNCEMENTS ADOPT Commissioner District 2 Sean Mitchell Commissioner District 4 Frannie Hutchinson Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson None None A. The Board of County Commissioners will hold a Special 4H Event on Thursday, December 5, 2019 at 6pm at the Havert L. Fenn Center located at 2000 Virginia Avenue, Fort Pierce, FL. B. The Board of County Commissioners will hold an Informal meeting on Tuesday, December 10, 2019 at gam in Conference Room 3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. The Board of County Commissioners will hold a Regular meeting on Tuesday, December 17, 2019 at 9am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 101Page Page 209 of 220 BOCC Regular Meeting Tuesday, December 3, 2019 6:00 PM 12. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. Please note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. 11 I Page 210 of 220 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA Tuesday, February 4, 2020 1kDTF£ OF A PPOF051D TEXT AA'.EXRMEIT TO TIE I A1h CEVFUCPYEM COPE The SL Luele tmniy 8aer1 /reposed le mnsldar lhu adV" ul the iulWwiqq urdn�: ONDINA XND. RLf p7, TUC.,1,01NMN AN DADIIEONCC nr TTi. RDA1D OF CDOMTY GOA1Ml55N1REH5 OF ST. LOFJB GOON TV. 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W lit:" PORLSX DATE Rift, Ja ryEi, 2D20 Page 211 of 220 r Luc a- AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Daniel McIntyre, County Attorney SUBMITTED BY: County Attorney 10.A.1. 2020-47683 REGULAR AGENDA - COUNTY ATTORNEY DATE: 2/4/2020 *ACTION ITEM - AMENDMENT SUBJECT: Clover Park - Amendment to Agreement with Hoar Program Management - ADD - ON BACKGROUND: The County advertised a Request for Qualifications (RFQ 16-049) seeking Development Manager/Program Manager Consulting Services relating to the Design, Development, Renovation and Construction of the St. Lucie County Sports Complex. The County selected Hoar Program Management ("HPM") and on February 7, 2017, entered into a Contract for Development Manager/Program Manager Consulting Services with HPM. On February 20, 2018, the County approved Addendum No. 1 to the February 7, 2017 Contract with HPM providing for additional design management and cost validation services. On April 2, 2019 the County approved Addendum No. 2 to the Contract with HPM. As the Construction of the Project enters its final phase, County staff believes that it is in the County's best interest to provide for an on -site full time Senior Field Coordinator from HPM for the month of February 2020 to ensure quality in construction. Attached is a copy of a proposal from HPM. The proposed cost for the full time inspector is $31,000.00. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Financial Impact will be $31,000 from Stadium Renovations Bond Account # 363-7210-563000-187-628. RECOMMENDATION: Staff recommends that the Board approve an Addendum to the February 7, 2017 Contract with HPM Page 212 of 220 authorizing a full time on -site inspectors during the month of February 2020 subject to fund review and approval of the documents by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: February 04, 2020 Edward Matthews, Parks & Recreation Director Z�� Date: February 04, 2020 Jennifer Hill, Office of Management & Budget Director l ?' Date: February 04, 2020 Daniel McIntyre, County Attorney Date: February 04, 2020 Jeffrey Bremer, Deputy County Administrator Page 213 of 220 i HOAR PROGRAM MANAGEMENT Tampa, FL 01 /27/2020 Mr. Ed Matthews Director of Parks and Rec St. Lucie County, FL Re: Additional Services — On Site Field Coordinator Ed, Thank you for allowing Hoar Program Management (HPM) the opportunity to partner with St. Lucie County on the renovation of the Mets Spring Training Facility. We have truly enjoyed having had the opportunity to support you and your team while through all phases of this project. As you're aware, the contractors progress is tracking behind as we approach Substantial Completion. There have been numerous meetings held to discuss and document this, and the contractor has acknowledged the challenges that they have ahead of them as they try to bring this project to Substantial Completion before the end of February. You and I have discussed that schedule is not one of the County's primary concerns with respect to this project, but you acknowledge that Quality Control is an ongoing concern as the Owner of the facility. Knowing that quality can often be sacrificed or treated as less of a priority than delivering on schedule for a contractor, we believe the County would be more comfortable if there was a full-time onsite representative watching over your investment. The current staffing model that SLC has procured from HPM allows for weekly site monitoring but not a full-time on -site presence. We do have this role within HPM, our Field Coordinators are placed onsite to monitor work in place and to ensure it is being installed within compliance of the contract documents and industry standards. We would recommend that you consider procuring this role for a one -month period (February 2020) in an effort to maintain assurance of quality in the end product. If the County finds value in this role and is agreeable, HPM could place a Senior Field Coordinator (Clayton Waters, resume attached) onsite for the month of February, at a cost to the County of $31,000. This would be a flat rate and would cover all housing, travel, meals and reimbursables for this individual. We feel that this may be an investment that you would want to consider in an effort to attain the quality you expect. I look forward to discussing this with you at our earliest possible convenience. If you are agreeable to this proposal, I understand that Robert Alfert, acting as the County's Outside Counsel, will prepare and submit a contract amendment to us for final execution. Thanks, Alan Butler Birmingham / Charlotte / Dallas / Houston / Huntsville / Mobile / Tampa Page 214 of 220 Clayton Waters Senior Field Coordinator CERTIFICATIONS OSHA 10-Hour Trained First Aid/CPR Certified RELEVANT EXPEPI ENCE Butler Town Center I Gainesville, Florida 300,000 SF mixed use development including new -to -market shops, restaurants, and entertainment options; 267-acre site. Celebration Pointe I Gainesville, Florida 225-acre mixed use development consisting of approximately 150,000 SF of retail, restaurant, entertainment, Regal Theater and two office buildings;120-room boutique luxury hotel; a 3-story parking deck; also includes 5-lane bridge spanning Interstate 7S to connect development with nearby amenities. Disney's Boardwalk Resort Renovation I Lake Buena Vista, Florida 196 guest rooms fully renovated to meet an aggressive schedule; renovating approximately 15 rooms per week over multiple "turns" to keep rooms in service; maintained uninterrupted guest experience throughout the duration of construction. Encompass Health Rehabilitation Hospital I Ocala, FI New 40-bed, 48,400 SF rehabilitation hospital; additional scope encompassed 10-bed addition a few years later. St. Francis Bartlett 3Rd Floor Buildout I Bartlett, Tennessee 21,000 SF interior build -out of 3rd floor shell space; 40 patient rooms. Encompass Health Rehabilitation Hospital I Montgomery, Alabama 50,000 SF of structural and foundation repairs to existing rehabilitation hospital. Encompass Health Rehabilitation Hospital I Littleton, Colorado New 40-bed, 48,700 SF rehabilitation hospital. hpmleadership.com 11.844.4HPM.LEAD`; Page 215 of 220 ADDENDUM NO. 3 TO THE AGREEMENT DATED FEBRUARY 7, 2017 BETWEEN ST. LUCIE COUNTY AND HOAR PROGRAM MANAGEMENT Project: RFQ No. 16-049 Development Manager / Program Manager Consulting Services Relating to the Design, Development, and Renovation of the St. Lucie County Sports Complex THIS ADDENDUM is effective for the month of February 2020, by and between ST. LUCIE COUNTY ("County"), and HOAR PROGRAM MANAGEMENT ("Consultant'). WITNESSETH: WHEREAS, by Agreement dated February 7, 2017, County and Consultant entered into an agreement for Consultant to provide Development Manager / Program Manager Consulting Services for the above -referenced project; and WHEREAS, under the Agreement, Consultant agreed to perform such additional services for the County as are contained in any additional scope of work established by the County in any addendum to the Agreement and accepted in writing by the Consultant; and WHEREAS, on February 20, 2018, this Board approved Addendum No. 1 to the Agreement, providing for additional design management and cost validation services, and for construction management and closeout; and WHEREAS, on April 2, 2019, this Board approved Addendum No. 2 to the Agreement, for extended services during the Contractor's preconstruction phase to develop the Guaranteed Maximum Price Proposal; and WHEREAS, the County recommends a full-time Senior Field Coordinator on -site every work day for the month of February 2020, during the final close-out and completion phase of the Project (as opposed to the current role of weekly site monitoring); and WHEREAS, Consultant has submitted a lump sum proposal for a full-time Senior Field Coordinator for February 2020 for $31,000.00 inclusive of all costs and fees (see Exhibit "A" Proposal); and Addendum No. 3 to Agreement dated February 7, 2017 Page 1 of 2 Page 216 of 220 WHEREAS, the County and Consultant desire to enter into this Addendum to the Agreement to provide compensation for such additional services rendered by the Consultant under the terms of said Agreement, during the period of February 2020. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the County and Consultant do hereby agree as follows: 1. Consultant shall be paid the additional amount of $31,000.00 for a full-time Senior Field Coordinator of February 2020: Full -Time, On -Site Senior Field Coordinator $31,000.00 2. Except as expressly modified in this Addendum, the Agreement and all prior Addenda will remain in full force and effect. IN WITNESS WHEREOF, the parties hereto by their duly authorized representatives, have executed this Addendum as of the day and year first above written. ATTEST: DEPUTY CLERK WITNESSES: (1) (2) BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY HOAR PROGRAM MANAGEMENT BY: PRINT NAME: JASON ABERNATHY Addendum No. 3 to Agreement dated February 7, 2017 Page 2 of 2 Page 217 of 220 Exhibit A HOAR PROGRAM MANAGEMENT Tampa, FL 01 /27/2020 Mr. Ed Matthews Director of Parks and Rec St. Lucie County, FL Re: Additional Services — On Site Field Coordinator Ed, Thank you for allowing Hoar Program Management (HPM) the opportunity to partner with St. Lucie County on the renovation of the Mets Spring Training Facility. We have truly enjoyed having had the opportunity to support you and your team while through all phases of this project. As you're aware, the contractors progress is tracking behind as we approach Substantial Completion. There have been numerous meetings held to discuss and document this, and the contractor has acknowledged the challenges that they have ahead of them as they try to bring this project to Substantial Completion before the end of February. You and I have discussed that schedule is not one of the County's primary concerns with respect to this project, but you acknowledge that Quality Control is an ongoing concern as the Owner of the facility. Knowing that quality can often be sacrificed or treated as less of a priority than delivering on schedule for a contractor, we believe the County would be more comfortable if there was a full-time onsite representative watching over your investment. The current staffing model that SLC has procured from HPM allows for weekly site monitoring but not a full-time on -site presence. We do have this role within HPM, our Field Coordinators are placed onsite to monitor work in place and to ensure it is being installed within compliance of the contract documents and industry standards. We would recommend that you consider procuring this role for a one -month period (February 2020) in an effort to maintain assurance of quality in the end product. If the County finds value in this role and is agreeable, HPM could place a Senior Field Coordinator (Clayton Waters, resume attached) onsite for the month of February, at a cost to the County of $31,000. This would be a flat rate and would cover all housing, travel, meals and reimbursables for this individual. We feel that this may be an investment that you would want to consider in an effort to attain the quality you expect. I look forward to discussing this with you at our earliest possible convenience. If you are agreeable to this proposal, I understand that Robert Alfert, acting as the County's Outside Counsel, will prepare and submit a contract amendment to us for final execution. Thanks, ot— Alan Butler Birmingham / Charlotte / Dallas / Houston / Huntsville / Mobile / Tampa Page 218 of 220 Clayton Watr. Senior Field Coordinator CERTIFICATIONS OSHA 10-Hour Trained First Aid/CPR Certified RELEVANT EXPEPI ENCE Butler Town Center ( Gainesville, Florida 300,000 SF mixed use development including new -to -market shops, restaurants, and entertainment options; 267-acre site. Celebration Pointe I Gainesville, Florida 225-acre mixed use development consisting of approximately 150,000 SF of retail, restaurant, entertainment, Regal Theater and two office buildings;120-room boutique luxury hotel; a 3-story parking deck; also includes 5-lane bridge spanning Interstate 75 to connect development with nearby amenities. Disney's Boardwalk Resort Renovation I Lake Buena Vista, Florida 196 guest rooms fully renovated to meet an aggressive schedule; renovating approximately15 rooms per week over multiple "turns" to keep rooms in service; maintained uninterrupted guest experience throughout the duration of construction. Encompass Health Rehabilitation Hospital I Ocala, FI New 40-bed, 48,400 SF rehabilitation hospital; additional scope encompassed 10-bed addition a few years later. St. Francis Bartlett 3Rd Floor Buildout I Bartlett, Tennessee 21,000 SF interior build -out of3rd floor shell space; 40 patient rooms. Encompass Health Rehabilitation Hospital I Montgomery, Alabama 50,000 SF of structural and foundation repairs to existing rehabilitation hospital. Encompass Health Rehabilitation Hospital I Littleton, Colorado New 40-bed, 48,700 SF rehabilitation hospital. hpmleadership.com 11.844.4HPM.LEADS Page 219 of 220 Mike Pitts Director of Field Operations CERTIFICATIONS QCI Training for Construction Site Stormwater Management OSHA 10 Hour � NPIn RELEVANT EXPERIENCE Mercedes-Benz I Vance Alabama 658,000-square-foot production and logistics facility. The designbuild project includes a structural steel frame, 32-foot clear height at the eaves and positions for 100 inbound truck docks and 100 outbound container docks. The University of Alabama I Tuscaloosa, Alabama Multi -year program management assignment of $2.2 billion million annual capital expenditure program. Includes educational facilities, athletic facilities, parking decks, dining facilities, residence halls and fraternity/sorority houses, as well as campus infrastructure updates Tyndall Federal Credit Union I Panama City, FL Program management services for reconstruction of a network of banking facilities damaged by Hurricane Michael. Responsibilities included cost estimating for repairs, renovations, demolition, and new construction of facilities, coordinating with insurance providers to ensure client was reimbursed in whole, and managing the reconstruction process for client. Albertville Parks and Recreation Development I Albertville, Alabama New 150-acre site multi -sport facilities: softball, baseball, tennis, soccer, playground, RV park, amphitheater, recreation center. Worked with the architect on budgeting and scheduling from the schematic stage, adjusting design plans and project scope to make the most of available funds. Homewood City Schools I Homewood, Alabama $55,000,000 bond program designated for schools including renovations and additions to 3 elementary schools, space planning/renovations/small addition at middle school, 95,000 SF addition and interior renovations and upgrades to high school, upgrades to system -wide HVAC automation system and upgrades to running track at the school system's stadium. hpmleadership.com 11.844.4HPM.LEADS Page 220 of 220