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Agenda Packet 04.05.2016
T. ® I I COUNTY F LORI D A BOARD OF COUNTY COMMISSIONERS AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, April 5, 2016 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, Chairman KIM JOHNSON District No. 1, Vice -Chairman CHRIS DZADOVSKY District No. 2 TOD MOWERY District No. 3 PAULA A. LEWIS 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 Generated 411120161:36 PM Regular Meeting Tuesday, April 5, 2016 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 may be heard on the first Tuesday at 6:00 P.M. or as soon thereafter as possible and on a third Tuesday at 9:00 A.M. or as soon thereafter as possible, these time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allocated at the beginning of each meeting for the general public comment. Please limit comments to three minutes. DECORUM — Please be respectful of others' opinions. MEETINGS — All Board meetings are open to the public and are held on the first and third Tuesdays of each month; the first Tuesday at 6:00 P.M. and the third Tuesday at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the Safety & Risk Manager at (772) 462-1783 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. 2 1 P a g E Regular Meeting Tuesday, April 5, 2016 6:00 PM 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of Tuesday, March 15, 2016 B. Amended Minutes of December 1, 2015 6:OOPM 5. PROCLAMATIONS APPROVAL A. Resolution - Adoption of a resolution proclaiming the Month of April 2016 as "Guardian ad Litem Month" in St. Lucie County, Florida. B. Resolution - Adoption of a resolution proclaiming April 7, 2016 as "National Day of Service Recognition" in St. Lucie County, Florida. C. Resolution - Adoption of a resolution celebrating the 25th Anniversary of Children's Home Society of Florida's Treasure Coast Division in St. Lucie County, Florida. D. Resolution - Adoption of a resolution proclaiming the Month of April 2016 as "National Autism Awareness Month" in St. Lucie County, Florida. E. Resolution proclaiming April 2016 as "CHILD ABUSE PREVENTION MONTH" in St. Lucie County, Florida. 6. PUBLIC COMMENT (excluding Public Hearing items) 7. PRESENTATIONS A. Earth Day - Sandra Bogan, Education and Outreach Coordinator 8. CONSENT AGENDA A. WARRANTS 1. Warrant Lists 23 - 25 3 1 P a g e Regular Meeting Tuesday, April 5, 2016 6:00 PM B. ADMINISTRATION C. COUNTY ATTORNEY 1. Reimbursment Agreement with Iglesia Biblica De Fort Pierce, Inc. Staff recommends that the Board approve the Agreement with Iglesia Biblica De Fort Pierce, Inc. and authorize the Chairman to sign the Agreement. 2. All Aboard Florida - Payment of Legal Defense Invoices through All Aboard Legal Defense Fund Staff recommends that the Board authorize payment of the attached invoice from the special fund the Board created pertaining to All Aboard Florida (AAF). 3. Resolution and Lease Agreement between St. Lucie County and Beach Club Colony on the Ocean, Inc. Staff recommends that the Board approve the Lease Agreement with Beach Club Colony on the Ocean, Inc. and adopt the Resolution, authorize the Chairman to sign the Lease Agreement and Resolution and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 4. Resolution - Warranty Deed of Donation for right-of-way on Mariah Circle, North 38th Street and North 39th Street Staff recommends that the Board accept the Warranty Deed of Donation from We Brothers Enterprise Inc., authorize the Chairman to sign the Resolution and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 5. Request from Finance Director for BOCC Record Destruction Staff recommends the Board approve the destruction of the records as requested. D. COMMUNITY SERVICES There are no items scheduled. E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES 1. SUN Trail - East Coast Greenway Letter of Support Staff recommends Board acceptance of the "Letter of Support" for SUN Trail funding. G. HUMAN RESOURCES There are no items scheduled. 4 1 P a g e Regular Meeting Tuesday, April 5, 2016 6:00 PM H. INFORMATION TECHNOLOGY There are no items scheduled. I. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. J. OFFICE OF MANAGEMENT & BUDGET There are no items scheduled. K. PARKS, RECREATION & FACILITIES 1. Bucket Truck Purchase Staff recommends Board approval of the purchase of an Overcenter Aerial Device Bucket Truck in the amount of $160,000.00, for tree trimming throughout the County. 2. Waiver of Skate Park Facility Daily Rental Fees - Future 6 Helping Hand Fund Inc. Staff recommends Board approval to waive $958.50 in daily rental fees for Future 6 Helping Hand Fund Inc. L. PLANNING & DEVELOPMENT SERVICES There are no items scheduled. M. PUBLIC SAFETY There are no items scheduled. N. PUBLIC WORKS 1. Midway Road Widening (Selvitz Road to S. 25th Street) - Change Order No. 2 to contract with Dickerson Florida, Inc. Staff recommends Board approval of Change Order No. 2 to the contract with Dickerson Florida, Inc., in the amount of $65,000.00 for Midway Road Widening (Selvitz Road to 25th Street). O. SHERIFF'S OFFICE 1. Authorization to submit an electronic application for the 2016 State Criminal Alien Assistance Program (SCAAP) Grant. Staff recommends that the Board approve the St. Lucie County Sheriff's Office submission of the electronic application for the 2016 State Criminal Alien Assistance (SCAAP) Program Grant. 2. Authorization to submit the electronic application for the 2016 Port Security Grant 5 1 P a g e Regular Meeting Tuesday, April 5, 2016 6:00 PM Staff recommends that the Board approve the St. Lucie County Sheriff's Office submission of the electronic application for the 2016 Port Security Grant offered by the U. S. Department of Homeland Security. P. SOLID WASTE There are no items scheduled. Q. SUPERVISOR OF ELECTIONS There are no items scheduled. R. TRANSPORTATION PLANNING ORGANIZATION 1. Federal Metropolitan Planning (PL) Final Authorization of Funding for FY 2015/2016 Staff recommends Board approval of Federal Metropolitan Planning (PL) funds final authorization for FY15/16 in the amount of $362,295.00 on behalf of the St. Lucie TPO. S. UTILITIES There are no items scheduled. 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Ordinance - Extending Effective Date of Ordinance No. 15-05 Staff recommends the Board of adopt the proposed ordinance further extending the effective date of Ordinance No. 15-05 to July 1, 2016. 10. REGULAR AGENDA A. COUNTY ATTORNEY 1. Resolution - Supporting the Repeal of Certain Special Acts Regarding Fishing, Spearfishing and Skin Diving Staff recommends that the Board adopt the resolution as drafted and authorize the Chairman to sign the resolution. B. PLANNING & DEVELOPMENT SERVICES 1. The Atlantic - Major Site Plan Staff recommends Board adoption of a Resolution granting Major Site Plan approval with conditions identified in the staff report. 6 1 P a g e Regular Meeting Tuesday, April 5, 2016 6:00 PM 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Regular Board meeting on April 19, 2016 at 9 a.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. The Board of County Commissioners monthly Informal Board meeting has been moved from April 12 at 9a.m. to April 19, 2016 at 1p.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. The Board of County Commissioner and the City of Fort Pierce will hold a Joint Meeting regarding The Port of Fort Pierce on Thursday, April 21, 2016 at 2p.m. in the County Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. The Oxbow Eco-Center will be holding its 12th Annual Earth Day Festival on April 23, 2016 from 10am through 3pm at 5400 NE St James Dr, Port St. Lucie, FL 34983. This is a free event with the goal of reinforcing awareness, knowledge and stewardship of natural resources. Visit www.oxboweco.com or call (772) 785-5833 for more information. E. The Master Gardener Spring into Gardening Festival will be held on Saturday, May 14th from 8:00 a.m. to 2:00 p.m. at the Extension office, 8400 Picos Road, Fort Pierce. Call 772-462-1660 or http://stlucie.ifas.ufl.edu for additional information. 12. MOTION TO ADJOURN 7 1 P a g e 4.A S■TkaL■(di 1 E COUNTY F L o R r D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting March 15, 2016 Convened: 9:00 AM Adjourned: 9:43 AM 1. CALL TO ORDER The meeting was called to order at 9:00 AM by District No. 5, Chairman Kim Johnson Attendee Name V District No. 5, Chairman District No. 1, Vice -Chairman Arrived Present 9:00 AM Kim Johnson Chris Dzadovsky Present Present Present Present 9:00 AM 9:00 AM 9:00 AM 9:00 AM Tod Mowery District No. 2 Paula A. Lewis District No. 3 Frannie Hutchinson District No. 4 Howard Tipton Administrator Present 9:00 AM Heather Young Asst. County Attorney Present 9:00 AM Laurie Waldie Utility Director Present 9:00 AM Beth Ryder Community Services Director Present 9:00 AM Asheley Hepburn Director, Office of Management & Budget Present 9:00 AM Leslie Olson Director, Planning & Development Services Present 9:00 AM Ceretha Leon Human Resources Director Present 9:00 AM Shai Francis Director Present 9:00 AM John Wiatrak Airport Manager Present 9:00 AM Ron Parrish Public Safety Director Present 9:00 AM Joseph E. Smith Clerk of Circuit Court Present 9:00 AM Melissa Upton Clerk to the Board Present 9:00 AM 2. INVOCATION Generated 311812016 3:18 PM Packet Pg. 8 4.A Regular Meeting Tuesday, March 15, 2016 9:00 AM 3. :i 5. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. Board of County Commissioners minutes for the meeting of Tuesday, March 01, 2016 RESULT: ACCEPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Paula A. Lewis, District No. 3 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson PROCLAMATIONS APPROVAL A. Resolution proclaiming the week of March 20-26, 2016 as "Florida Surveyors & Mappers Week" in St. Lucie County, Florida. Tom Kiernan accepted the resolution on behalf of the Florida Surveying and Mapping Society. He thanked the Board for their recognition. Mr. Kiernan also expressed his appreciation of the County Surveyor, who will be retiring this year. He thanked him for preserving the county's values and quality of life. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Paula A. Lewis, District No. 3 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson B. Resolution proclaiming the month of March 2016 as "American Red Cross Month" in St. Lucie County, Florida. Judy Nash, the Disaster Action Team Captain for the St. Lucie County Red Cross office accepted the resolution. Ms. Nash was accompanied by Members of the Disaster Action Team. The group responds to emergencies and provides services to those affected in St. Lucie County. She indicated that the group responded to 50 house fires in 2015. She thanked the Board for their recognition and reminded the county that the Red Cross is here to help. Commissioner Dzadovsky asked how members of the community can become volunteers with the Red Cross. Ms. Nash answered that the volunteer process can begin online at Redcross.org or volunteers may contact the St. Lucie County office on Midway Road directly. She said the group offers training and works with the sheriff's office and emergency management services to respond when needed. Chairman Johnson commented that the Red Cross does a great job for victims in St. Lucie County. a w z E U- O J O a a Q 2 1 P a g e Packet Pg. 9 Regular Meeting Tuesday, March 15, 2016 9:00 AM 4.A RESULT: ADOPTED [UNANIMOUS] MOVER: Paula A. Lewis, District No. 3 SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson C. Resolution proclaiming the Week of April 10-16, 2016 as "Crime Victims' Rights Week" in St. Lucie County, Florida. Major David Thompson from the St. Lucie County Sheriff's Office accepted the resolution along with Debra Butler, President of Guardians for New Futures and Chair of the 19th Judicial Circuit Victims' Rights Coalition. w Ms. Butler thanked the Board on behalf of the coalition and the sheriff's office for their support. She encouraged all members of the community to become involved with the coalition. She Z spoke about an upcoming poker run event to raise funds for victims. o Major Thompson thanked the Board for their recognition. He addressed the long term 0 emotional harm that victims of crime endure. He said the community is very fortunate to have o this coalition and the victim's advocates at the sheriff's office to provide their services. He a thanked the Board and members of the public for their support of the organization and victims Q in the community. RESULT: ADOPTED [UNANIMOUS] MOVER: Paula A. Lewis, District No. 3 SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson D. Resolution acknowledging the United Veteran's of St. Lucie County, Inc. for the outstanding efforts and coordination for the submission of the grant and subsequent award of four new service vehicles to promote enhanced service to veterans in St. Lucie County, Florida. Dan Depagnier, Chair of the United Veterans of St. Lucie County Inc accepted the resolution along with Vice -Chair, Roy Brewer. Mr. Brewer thanked Commissioner Lewis for her encouragement to pursue this grant. He declared the total amount of the grant equaled $285,320. He thanked the following people for their help with the grant; Nancy Wiseman of FDOT, Jane Petrowski of FDOT, Corine Williams, and Donna Carlsen. He said that Ms. Carlson provided valuable information for getting the project off the ground. Mr. Brewer also thanked his wife and the veterans of St. Lucie County for their support. He commented that the vehicles are the most outstanding in the state of Florida and he asked the Board to consider adding drivers to the program to assist with transport of the veterans. Mr. Brewer concluded that he was proud of the work he is able to do for others in the community. Mr. Depagnier thanked the Board on behalf of the 40,000 area veterans. He thanked Mr. Brewer for the time and effort put into the project. He spoke about the Medal of Honor recipient who broke ground for the Gold Star Families Memorial, and how he accepted his award on behalf of those who lost their lives to protect him. Mr. Depagnier said he is accepting the resolution on behalf of Donna Marie Carlsen-Deyoung, who was a very important part of this project. 3 1 P a g e Packet Pg. 10 Regular Meeting Tuesday, March 15, 2016 9:00 AM 4.A Chairman Johnson thanked Mr. Brewer and Mr. Depagnier for being champions for veterans in the community. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Frannie Hutchinson, District No. 4 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson 6. PUBLIC COMMENT (excluding Public Hearing items) 7. PRESENTATIONS Non -Agenda Item - WPSL Christmas Kids of SLC This item was moved after Item 8. Consent Agenda by Chairman Johnson. Carol Wyatt for WPSL Christmas Kids of St. Lucie County spoke about the 70th year of the program, which provides toys during the holidays. They have also taken part in a summer program for 20 years. She indicated the focus of the summer program is a water safety and swimming program in the county. The program enables children to know what to do to save themselves once they have fallen into water. She thanked the county for running the program, Jennifer and Mercedes with the Aquatics team and the program's volunteers. Ms. Wyatt said that there is currently enough money to put 100 children through the water safety program and volunteers will be working at events to make sure they are able to keep raising funds. Another representative thanked Carol, and indicated how important the water safety program is for the children of the community. Chairman Johnson asked how people can contribute to the program. Ms. Wyatt clarified that the Christmas Kids are part of a separate program and that anyone can contact the radio station directly to help either program. 2015 Wells Fargo Credit Card Revenue Sharing Program - Joseph E. Smith, St Lucie County Clerk of Court Joseph E. Smith, the St. Lucie County Clerk of Court began his presentation with an update on the Clerk's Office. He informed the Board of the independent internal audit partnership with RSM to maximize resources and effectiveness. The internal audit committee worked with RSM to conduct a broad, entity -wide assessment. The primary goal was to find risk within a government entity. This includes risk associated with the following categories; financial, compliance, public perception, strategic and performance/operational. On March 11th the Risk - Based Internal Audit Plan was presented for fiscal year 2016, and was approved by the Internal Audit Advisory Committee. Clerk Smith indicated that 2 audits will be conducted this year and the results will be shared with the Board. Clerk Smith also updated the Board on the Comprehensive Annual Financial Report (CAFR) and the Popular Annual Financial Report (PAFR), also known as "Dollars & Sense: Your Practical Guide to County Finances". The award -winning reports give the public a recap of county a w z E U_ O J Q O a a Q 4 1 P a g e Packet Pg. 11 Regular Meeting Tuesday, March 15, 2016 9:00 AM 4.A finances during the previous year. He stated that these reports are usually received by the end of March, however the reports for fiscal year 2015 will not be produced until late April or May. Clerk Smith informed the Board that the State of Florida has delayed the financial data associated with the Florida Retirement System. All counties are affected by this delay and the reports will be presented as soon as the information is available. Clerk Smith noted that the 2014 Dollars and Sense guide is still winning awards, including the Treasure Coast Advertising Foundation's Gold ADDY. Clerk Smith presented the Wells Fargo Credit Card Revenue Sharing Program. He explained that since 2011 the Clerk's Office of St. Lucie County has used Wells Fargo's credit card rebate sharing program. This program allows the Clerk's Office to generate new revenue for tax payers while decreasing operating costs. He explained that the program works in the same way cash back rewards programs on personal credit cards do. The team of professionals at the Clerk's Office reached out to county vendors and encouraged them to accept payment by credit cards instead of checks. Wells Fargo provides the county with a check for the revenue and rewards generated throughout the year. Clerk Smith informed the Board that in 2013 and 2014, this program generated approximately $153,000 each year. He explained that in 2015 the contract with Wells Fargo was renegotiated for a higher rate of return, increasing the revenue share by 33% to 1.8%. To date, the program has made $742,267 for taxpayers and cut the Clerk's printing and mailing costs by $750,000 since 2011. Clerk Smith presented the Board with a check for $201,268.60, generated by the program in 2015. The Internal Auditor provided the commissioners with copies of the risk assessment plan. Clerk Smith thanked the County Administrator, the commissioners and staff for their cooperation and input regarding the upcoming internal audit projects. 8. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Tod Mowery, District No. 2 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson A. WARRANTS 1. Warrant Lists 21 & 22 B. ADMINISTRATION 1. 2016 Federal Legislative Agenda C. COUNTY ATTORNEY 1. Resolution A, B, C and D - Subordination of County Utility Interests - State Project No. 94003-2502 - SR 713 - Kings Highway - Parcel 104.8, Parcel 110.3, Parcel 122.3R and Parcel 123.2R w z w O J a O W a a Q 5 1 Packet Pg. 12 4.A Regular Meeting Tuesday, March 15, 2016 9:00 AM 2. Resolution - Amendment to the Investment Policy 3. Interlocal Agreement with the City of Port St. Lucie for Water Service to Property at 9001 Midway Road 4. Hangar Sublease Assignment - Topper Holdings, LLC to Planemarketing, LLC D. COMMUNITY SERVICES 1. Annual State Aid to Libraries Grant U) 2. Annual State Aid to Libraries Grant Acceptance-FY16 LU z 3. Award of Invitation to Bid (ITB) No. 15 U- O E. COURT ADMINISTRATION Q There are no items scheduled. W IL a F. ENVIRONMENTAL RESOURCES a There are no items scheduled. G. HUMAN RESOURCES 1. Corizon Inmate Health Care 2015-2016 2. Corizon HIV Meds Oct 2015 thru Jan 2016 H. INFORMATION TECHNOLOGY There are no items scheduled. I. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. J. OFFICE OF MANAGEMENT & BUDGET 1. Resolution - Energy Efficiency (FP&L) 2015 2. Resolution - SLC, Capital Imp. Revenue Bonds, Series 2016 (Jail Security System) 3. Resolution - SLC, Equipment Lease/Purchase Agreement (800 MHz Radio System Upgrade) 4. Request for Proposal (RFP) No. 15-071, Appraisal Services K. PARKS, RECREATION & FACILITIES 6 1 P a g e Packet Pg. 13 4.A Regular Meeting Tuesday, March 15, 2016 9:00 AM 1. WPSL Christmas Kids of SLC Chairman Johnson allowed representatives present for this under Item 7. Presentations . 2. Authorization for four additional Jail Maintenance Specialist positions 3. Golf Cart Lease Bid 15-059 L. PLANNING & DEVELOPMENT SERVICES 1. Acceptance of the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) for the Microsurface Runway 14/32 at the St. Lucie County W International Airport :3 z_ M. PUBLIC SAFETY U- O There are no items scheduled. J O N. PUBLIC WORKS a a Q 1. The Crossing, A Network of Community Churches, Inc. Q 2. North 2nd Street Change Order No. 8 with Mancil's Tractor Service, Inc. o 3. North 2nd Street Change Order No. 9 with Mancil's Tractor Service, Inc. O. SHERIFF'S OFFICE 1. Resolution - Authorization to Accept the 2016 Edward Byrne Memorial Justice Assistance JAG Countywide Grant (2016-JAGD-STLU-3-H3-052) 410ITi%1r►1l0 There are no items scheduled. Q. SUPERVISOR OF ELECTIONS There are no items scheduled. �:7e�►��1�I:i�e�i[�I►i]we�►li•I1►[��I:Z�1e�►1f�_��[�PI There are no items scheduled. S. UTILITIES There are no items scheduled. 9. PUBLIC HEARINGS 7 1 P a g e Packet Pg. 14 Regular Meeting Tuesday, March 15, 2016 9:00 AM 4.A There are no items scheduled. 10. REGULAR AGENDA There are no items scheduled. 11. ANNOUNCEMENTS Non -Agenda Item - County Administrator All Aboard Florida Update The County Administrator spoke about an article published recently regarding quiet zones related to the All Aboard Florida train. He wanted to inform the Board and public of the sequence of events necessary to address the safety enhancements that allow trains to pass through crossings without blowing their horn, also known as quiet zones. He said that the first step is to receive the final plans for construction of those intersections, which has not happened yet. He explained that as soon as these plans are received, the Regional Planning Council will host a meeting with area governments to discuss the project. Commissioner Dzadovsky expressed negative feedback regarding the possibility that the county would be legally responsible for any accidents that happen at these crossings. The County Administrator answered that this liability issue, as well as the topic of safety at the crossings are the main concerns for discussion with the Regional Planning Council and the Federal Railway Administration. A. The Board of County Commissioners will hold a Special Informal Erosion District meeting on April 5, 2016 at 1p.m. to discuss the Fort Pierce Shore Protection Project and General Reevaluation Report in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. The Board of County Commissioners will hold a Regular Board meeting on April 5, 2016 at 6 p.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. The Board of County Commissioners will hold a Regular Board meeting on April 19, 2016 at 9 a.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. The Board of County Commissioners monthly Informal Board meeting has been moved from April 12 at 9a.m. to April 19, 2016 at 1p.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. E. The Board of County Commissioner and the City of Fort Pierce will hold a Joint Meeting regarding The Port of Fort Pierce on Thursday, April 21, 2016 at 2p.m. in the County Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. U) w z w 0 J a 0 a a Q 8 1 P a g e IPacket Pg. 15 4.A Regular Meeting Tuesday, March 15, 2016 9:00 AM 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. a w z E U- O J Q O W a a Q 9 1 P a g e Packet Pg. 16 4.B S■T40L■U1A 1 E COUNTY F L 0 R r D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting ***AMENDED MINUTES*** December 1, 2015 1. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 5, Chair Kim Johnson F W Z 9 U- 0 J i 0 Convened: 6:00 PM a Adjourned: 7:41 PM Q Attendee Name Title Status Kim Johnson District No. 5, Chair Present Chris Dzadovsky District No. 1, Vice -Chair Present Arrived 6:00 PM 6:00 PM 6:00 PM Tod Mowery District No. 2 Present Paula A. Lewis District No. 3 Present 6:00 PM Frannie Hutchinson District No. 4 Present 6:00 PM Howard Tipton Administrator Present 6:00 PM Bob Adolphe Deputy County Administrator Present 6:00 PM Mark Satterlee Deputy Administrator Present 6:00 PM Daniel S. McIntyre County Attorney Present 6:00 PM Heather Young Asst. County Attorney Present 6:00 PM Katherine Barbieri Asst. County Attorney Present 6:00 PM Don West Public Works Director Present 6:00 PM Laurie Waldie Utility Director Present 6:00 PM Beth Ryder Community Services Director Present 6:00 PM Leslie Olson Planning Manager Present 6:00 PM Ceretha Leon Human Resources Director Present _6:00 PM Angela Riggins Clerk to the Board Present 6:00 PM 2. INVOCATION Generated 312312016 2:05 PM Packet Pg. 17 4.13 Regular Meeting Tuesday, December 1, 2015 6:00 PM 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF THE MINUTES The Minutes were voted on individually. A. Board of County Commissioners minutes for the meeting of Tuesday, November 03, 2015 RESULT: ACCEPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Chris Dzadovsky, District No. 1, Vice -Chair AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson B. Board of County Commissioners minutes for the meeting of Wednesday, November 04, 2015 RESULT: ACCEPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Paula A. Lewis, District No. 3 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson 5. PROCLAMATIONS APPROVAL RESULT: ADOPTED [UNANIMOUS] MOVER: Paula A. Lewis, District No. 3 SECONDER: Tod Mowery, District No. 2 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson Resolution proclaiming December 13, 2015 as "Feast of Santa Lucia Day" in St. Lucie County, Florida, and the 450th Anniversary year of the area first being named St. Lucie. Commissioner Johnson presented the proclamation to TA Wyner and characters of both Menendez and Queen Isabella. Ms. Wyner provided background information on the Feast of Santa Lucia. She announced on December 13th a celebration will be held at Sunshine Kitchen located on Kings Highway and Pruitt Research Road, also on December 12th the Inlet State Park will co -host a celebration of culture diversity for the community. She thanked the Board for the proclamation and acknowledgement. 6. PUBLIC COMMENT (excluding Public Hearing items) Pamela Hammer, PGA Village was present with Janet Dearing - Ms. Hammer on behave of PGA Village thanked the Board and their staff for the handling of the situation with Compost USA. She apologized to the Board for the threatening emails, calls, and letters that were received from the community in regards to this situation. She stated the community would like the Board to consider a moratorium on all bio solid composting in the county until contact can be 2 1 P a g e Packet Pg. 18 Regular Meeting Tuesday, December 1, 2015 6:00 PM 4.6 made with surrounding counties that have more extensive ordinances and more extensive things in their comp land and development code about bio solid to see how they handle bio solid composts. Horace Webb, PGA Village - Thanked the Board for giving citizen the opportunity to voice their opinion. He encouraged the Board to adopt some rules that will allow staff to look at applications for land use changes that will result in major changes and make an effort to notify residents that will be affected. Charles Grande, Hutchinson Island - Thanked the Board for what transpired with the withdrawal of the application for the Compost site. John Arena, Fort Pierce - spoke about water heaters that were removed by the Manatee Center. He stated trees provide oxygen for our vehicles to breathe and enhance our lives by making our communities look good. He spoke about how his new neighbors cutting down a tree near his house that he appreciated looking at on his way home. Roland O'Brien, 21 Villa Del Norte, Fort Pierce, FL - spoke about how life was in the past before discussing current life situations. 7. PRESENTATIONS This item was moved ahead of item 6 during the meeting. Cooperative Extension: Annual Christmas Remembrance — Sue Munyan and the 4-H Clubs will make their annual Christmas Remembrance Presentation to the Board. Representatives from the following 4-H clubs presented gifts to the Commissioners and provided update on their yearly civic activities and accomplishments: - Main Attraction - Show Stoppers - Beef Builders - Happy Hams - Hog Huggers - Clover - Southern Swine - Paws-n-Claws - Feathers-n-Fur - Rocking Horse - Spurs-n-Stuff - Jitters and Critters - Wee Bock Warriors - Rooters - Turn-n-Burn - Goofy Grapefruit w z 2 w 0 J a 0 a IL a 3 1 Packet Pg. 19 Regular Meeting Tuesday, December 1, 2015 6:00 PM 4.13 - Porkers - Star Bright - Research Coast Florida Junior Association of Science - Midnight Riders St. Lucie County 4-H Extension Agent Sue Munyan addressed the Board regarding the 4-H Clubs, she spoke about the "Where are They Now" 4-H segments suggested by Commissioner Dzadovsky last year. She stated four reflection promotions have been taped and aired on SLCTV since October. She thanked Commissioner Hutchinson and 3 other 4-H alumni for sharing their CO stories on TV. She thanked Commissioner Dzadovsky for the idea, also Mike and Shane from SLCTV. She also thanked all the 4-H volunteer leaders for their amazing impact on 4-H'ers past and present. o J Commissioner Johnson thanked the 4-H'ers for a job well done. He asked for a round of o applause for Ms. Munyan and for the parents of the 4-H'ers. a a Commissioner Hutchinson thanked the 4-H'ers for a job well done and congratulated them on Q their progress. a - Commissioner Lewis stated she has enjoyed the 4-H presentations every year. She commented on the growth of the 4-H Club and she thanked them for the time they put in and the gifts that were brought in. Commissioner Dzadovsky commented on the poise and the character of the 4-H'ers who made comments during the meeting. He stated how grateful he was of all participants and their parents. Commissioner Mowery congratulated the participants for an amazing night. He asked the participants to give themselves a round of applause and thanked them for the gifts. The Board recessed at 6:49 P.M. for a short break and reconvened at 6:54 P.M. 8. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Chris Dzadovsky, District No. 1, Vice -Chair AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson Non -Agenda Item Commissioner Dzadovsky asked for ratification of Charles Grande to the Planning and Zoning Board. Motioned by Commissioner Mowery, seconded by Commissioner Lewis, motion passed unanimously. 4 1 P a g e Packet Pg. 20 Regular Meeting Tuesday, December 1, 2015 6:00 PM 4.13 A. WARRANTS There are no items scheduled. B. ADMINISTRATION Grant Contract With Economic Development Council C. COUNTY ATTORNEY i» w 1. Lowe's Home Center, Inc. - Settlement Agreement :3 z 2 2. Permission to advertise an Ordinance affecting the use of land in St. Lucie County, U_ Florida, relating to Signs. 0 Q 3. Resolution - Authorizing the County Administrator or Designee to Waive Provisions Of 0 the Comprehensive Plan or The Land Development Code as To Category III Wetlands a Q 4. Fort Pierce Utilities Authority Easement - Parkland MSBU - Parcels 3409-803-0001-000-6 and 3409-703-0151-000-5 0 5. Fort Pierce Utilities Authority Easement - Indian Hills Recreation Area Stormwater Improvements - Parcels 2422-141-0001-010-6 and 2422-112-0002-000-0 6. Revocable License Agreement - Hidden River Estates - Phillips - 756 SE River Court - Parcel ID 3427-701-0042-000-8 7. Revocable License Agreement - NAG Properties, LLC - 1121 DiGiorgio Road - Force Main across County Ditch 8. After the Fact Revocable License Agreement - Indian River Estates - Whitty - 5611 Seagrape Drive - Parcel ID 3402-609-0019-000-8 9. 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 - County Deed and Resolution 10. 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 11. Resolution - Renaming a portion of Koblegard Road to Spanish Lakes Boulevard in Section 16, Township 34 South, Range 39 East 12. -Equipment Lease Agreement with Banc of America Public Capital Corp. ("BOA") -Escrow Agreement with BOA and Deutsche Bank National Trust Company -Implementation Services Authorization Form with FPL Services, LLC 5 1 P a g e Packet Pg. 21 4.13 Regular Meeting Tuesday, December 1, 2015 6:00 PM D. COMMUNITY SERVICES 1. Resolution - FY15 HOME Funding Allocation 2. Award of Invitation to Bid (ITB) No. 12 and 14 E. COURT ADMINISTRATION There are no items scheduled. i» w F. ENVIRONMENTAL RESOURCES z 2 1. Resolution - Creation of a Greenways & Trails Task Force U- O J 2. Budget Resolution - Department of Environmental Protection (DEP) Coastal Partnership Initiative (CPI) Grant - CM617 O W a a 3. Resolution - Grant Acceptance for Department of Environmental Protection (DEP) Q Coastal Partnership Initiative (CPI) - CM617 g G. HUMAN RESOURCES Commissioner Dzadovsky would like for staff to look at the HIV Meds cost and try to reduce the cost. He also stated maybe the Board could partner with other counties or even the State to lower costs. Discussion among the Board and County Administrator in regards to progress that has already been made with HIV Meds. Commissioner Hutchinson asked the Board to ratify her appointment of Robert Mucklow to the CBC. Motion was carried by Commissioner Dzadovsky, seconded by Commissioner Mowery, motion carried unanimously. Corizon HIV Meds July 2015 thru Sept 2015 H. INFORMATION TECHNOLOGY There are no items scheduled. I. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. J. OFFICE OF MANAGEMENT & BUDGET There are no items scheduled. K. PARKS, RECREATION & FACILITIES There are no items scheduled. 6 1 P a g e Packet Pg. 22 4.13 Regular Meeting Tuesday, December 1, 2015 6:00 PM L. PLANNING & DEVELOPMENT SERVICES Road Impact Fee Update Study Work Authorization 1 M. PUBLIC SAFETY Approval of the FY 15-16 Emergency Medical Services Grant Application (State of Florida, Department of Health, Bureau of Emergency Medical Services) N. PUBLIC WORKS LU 1. Mid Florida Credit Union — Final Acceptance Z 2 U_ 2. Riverbend PUD —Third Amendment to Subdivision Improvement Agreement 0 Q 3. Award of Bid No. 15-072 - Subdivision No. 3 Indian River Estates Mowing and 0 Maintenance Services a a Q O. SHERIFF'S OFFICE There are no items scheduled. 41 DATi4e .110 There are no items scheduled. Q. SUPERVISOR OF ELECTIONS There are no items scheduled. :��:7e�►��1�I:i�e�i[�I►i]we�►li•I1►[��I:Z�1e�►1f�_��[�PI There are no items scheduled. S. UTILITIES Permission to Advertise Public Hearing - To Amend Connection Fees for the St. Lucie County Water & Sewer District (North County) 9. PUBLIC HEARINGS RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson A. PLANNING & DEVELOPMENT SERVICES 7 1 P a g e Packet Pg. 23 Regular Meeting Tuesday, December 1, 2015 6:00 PM 4.13 Resolution - Rezoning for Blanton, from RS-2 to AR-1 Staff gave a presentation to present a petition on behave of Forest Blanton to rezone a 5.52 acre parcel located on Palmetto Avenue from RS-2 (Residential, Single-family - 2 du/acre) to AR-1 (Agricultural, Residential - 1 du/acre). Forest Blanton was present for questioning should there be any. 10. REGULAR AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chair SECONDER: Tod Mowery, District No. 2 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson A. PLANNING & DEVELOPMENT SERVICES Acceptance of Withdrawal of Compost USA This item being Quasi Judicial Board members disclosed they had all spoken with staff Commissioner Dzadovsky asked staff once the withdrawal is completed how would this issue be handled should the applicant decide to come back. What would be the process? Staff responded once the withdrawal is completed the applicant would have a two year waiting period, then restart the process from the beginning. Commissioner Hutchinson motioned to cancel the public hearing for this item which was to be held December 4, 2015 at 6:00 PM, seconded by Commissioner Dzadovsky, motion carried unanimously. 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Special Meeting on Thursday, December 3, 2015 at 6:00 pm in the County Commission Chamber of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, Florida to consider Compost USA's request for a Conditional Use Permit for a Biosolids Composting Facility. B. The Board of County Commissioners will hold an Informal Board meeting on December 8, 2015 at 3 p.m. 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 Special Meeting on Tuesday, December 8, 2015 at 6:00 pm in the County Commission Chamber of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, Florida to consider an amendment to the Official Zoning Atlas and a Conditional Use Permit for a Specialty Hospital. 6 w z 2 U_ O J Q O a IL Q 8 1 P a g e Packet Pg. 24 4.B Regular Meeting Tuesday, December 1, 2015 6:00 PM D. The Board of County Commissioners will hold a Regular Board meeting on December 15, 2015 at 9 a.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. E. County offices will be closed on Thursday, December 24, 2015 and Friday, December 25, 2015 to observe Christmas F. County offices will be closed on Friday, January 1, 2016 to observe New Year's Day. w 12. MOTION TO ADJOURN z There being no further business to be brought before the Board, the meeting was adjourned. p J a 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. a a a 9 1 Packet Pg. 25 5.A ITEM NO. RES-2016-49 COUNTY �. F L Q R I D A - TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: DATE: 04/05/2016 AGENDA REQUEST *PROCLAMATIONS APPROVAL Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney Resolution - Adoption of a resolution proclaiming the Month of April 2016 as "Guardian ad Litem Month" in St. Lucie County, Florida. It has been requested that this Board proclaim the month of April 2016 as "Guardian ad Litem Month" in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination Signatures anie S. McIntyre, X nty ttorney 3/9/2016 Packet Pg. 26 5.A.a RESOLUTION A RESOLUTION PROCLAIMING THE MONTH OF APRIL 2016 AS "GUARDIAN AD LITEM MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The County of St. Lucie prides itself on giving back to the community, contributing to the quality of life among our citizens. 2. April has been designated National Child Abuse Prevention Month. 3. April 10th through April 16t" has been designated as national volunteer appreciation week. 4. The Guardian ad Litem Program is a partnership of volunteers and staff who advocate forthe best interest of abused, abandoned and neglected children within ourcommunity. 5. There are approximately 536 children in St. Lucie County involved inthecourt system through no fault of their own. 6. There are approximately 124 abused, abandoned or neglected children in St. Lucie County currently waiting for a volunteer Guardian ad Litem to be their voice. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of April 2016 as "GUARDIAN AD LITEM MONTH" in St. Lucie County, Florida. 2. This Board urges all residents of St. Lucie County to give of their time to make a difference in the lives of most vulnerable children by volunteering with the Guardian ad Litem Program. PASSED AND DULY ADOPTED this 5t" day of April 2016. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY U O W (L co 0 N U) w W Packet Pg. 27 5.B ITEM NO. RES-2016-50 COUNTY �. F L Q R I D A - TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: DATE: 04/05/2016 AGENDA REQUEST *PROCLAMATIONS APPROVAL Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney Resolution - Adoption of a resolution proclaiming April 7, 2016 as "National Day of Service Recognition" in St. Lucie County, Florida. It has been requested that this Board proclaim April 7, 2016 as "National Day of Service Recognition" in St. Lucie County, Florida to honor St. Lucie County volunteers. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination Signatures anie . McIntyre, Co my ttorney 3/21/2016 Packet Pg. 28 5.B.a RESOLUTION A RESOLUTION PROCLAIMING APRIL 7, 2016 AS "NATIONAL DAY OF SERVICE RECOGNITION" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Participants who volunteer through the County, and other programs like AmeriCorps, Senior Corps, and others address the most pressing challenges facing our communities and nation, from educating students forjobs of the 21st century and supporting veterans and military families to providing health services and helping communities recover from natural disasters. 2. Volunteers of the Big Brothers, Big Sisters AmericaCorps Reads Program gave back to our community last year a total of 9,942 hours, which translates to a value of $229,362. 3. In addition to County volunteers, AmeriCorps and Senior Corps participants served in more than 60,000 locations across the country, including St. Lucie County, bolstering the civic, neighborhood, and faith -based organizations that are so vital to our county's economic and social well-being. 4. More than 22 national service participants of all ages and backgrounds serve in St. Lucie County, providing vital support to county residents and improving the quality of life in our county. 5. National service participants increase the impact of the organizations they serve, both through their direct service and by managing millions of additional volunteers. 6. National service represents a unique public -private partnership that invests in community solutions and leverages non-federal resources to strengthen community impact and increase the return on taxpayer dollars; including our community. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim April 7, 2016 as "NATIONAL DAY OF SERVICE RECOGNITION" in St. Lucie County, Florida and encourages residents to recognize the positive impact of volunteering and national service in our county and thank those who serve; and to find ways to give back to their communities. PASSED AND DULY ADOPTED this 5th day of April 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA =Jl Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: TS County Attorney Packet Pg. 29 5.0 ITEM NO. RES-2016-51 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney DATE: 04/05/2016 *PROCLAMATIONS APPROVAL SUBJECT: Resolution - Adoption of a resolution celebrating the 25th Anniversary of Children's Home Society of Florida's Treasure Coast Division in St. Lucie County, Florida. BACKGROUND: It has been requested that this Board proclaim the month of April 2016 as "Children's Home Society Treasure Coast Division 25th Anniversary Month" in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination Signatures Danie S. McIntyre, C my ttorney 3/22/2016 Packet Pg. 30 5.C.a RESOLUTION A RESOLUTION CELEBRATING THE 25T" ANNIVERSARY OF CHILDREN'S HOME SOCIETY OF FLORIDA'S TREASURE COAST DIVISION IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has made the following determinations: 1. Children's Home Society created the Treasure Coast Division to serve the children and families of Florida's 19t" Judicial Circuit in 1991. 2 2. Children's Home Society, Treasure Coast Division, currently serves over 11,000 children and Q families annually in Indian River, Martin, Okeechobee, and St. Lucie Counties. 3. Children's Home Society of Florida, Treasure Coast Division, collaborates with community LO a partners to ensure that children and families are safe, healthy, and prepared for life. 4. Children's Home Society of Florida, Treasure Coast Division, operates eight different c programs serving children and youth from birth to age 23, as well as providing assistance to create strong, stable families. 5. Children's Home Society of Florida, Treasure Coast Division, offers services including aD adoptions, foster care case management, shelter for runaway youth and foryouth who have o aged out of foster care, family crisis support services, life skills and pregnancy prevention, o: elementary truancy prevention, and the Child Protection Team a 6. Children's HomeSocietyof Florida, Treasure Coast Division, works to breakthe generational cycle of child abuse in families, protect children from harm, and heal children who have c been hurt. `" vn w W NOW,THEREFORE, BE ITRESOLVED bythe Board of County Commissioners of St. LucieCounty, >% Florida that this Board does hereby proclaim the month of April 2016 as "Children's Home Society 41 Treasure Coast Division 25t" Anniversary Month" in St. Lucie County, Florida. In honorof this event, c this Board is grateful for the support of community agencies who work together to stop the cycle E of abuse and neglect of children throughout the Treasure Coast. C T PASSED AND DULY ADOPTED this 5t" day of April 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 31 5.D ITEM NO. RES-2016-52 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 04/05/2016 *PROCLAMATIONS APPROVAL Resolution - Adoption of a resolution proclaiming the Month of April 2016 as "National Autism Awareness Month" in St. Lucie County, Florida. It has been requested that this Board proclaim the month of April 2016 as "National Autism Awareness Month" in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination Signatures anie 5. McIntyre, C my ttorney 3/22/2016 Packet Pg. 32 5.D.a RESOLUTION A RESOLUTION PROCLAIMING THE MONTH OF APRIL 2016 AS "NATIONAL AUTISM AWARENESS MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. April is NationalAutism Awareness Month, during which the contributions of Americans with Autism Spectrum Disorderare recognized and citizens are encouraged to ensure equal opportunity in the workforce and the community for these residents. One in 68 young people are born with Autism Spectrum Disorder each year, with the highest number in the male community. There has been an increase of 30% during the last two years, resulting in more and more young people and their families seeking counseling, education, social skills and more. 2. Helping People Succeed, a 501(c)(3) non-profit organization, is coordinating a series of programs and services for students and young people with Autism Spectrum Disorder, providing guidance and counseling for elementary, middle and high school students and assisting their parents in counseling, education and support skills to broaden their life experiences. Helping People Succeed began its Autism Spectrum after -school programs more than five years ago, offering expanded social skills, education, art programs and more for varied students, and is now emphasizing newtransition program that would bring these students into the adult world through college, employment and other criteria. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. Helping People Succeed, its board members, staff members and participants bring the significance of National Autism Awareness Month to area residents in an effort to demonstrate the value of working with these families and children to expand their lifestyles, including a transition service from school to adult life that would develop independent living, employment and social skills. 2. This Board proclaims the month ofApril 2016as "NATIONALAUTISM AWARENESS MONTH" in St. Lucie County, Florida commending Helping People Succeed for its significant workwith Autism Spectrum Disorder to benefit children and young adults in expanding their lifestyles and accommodating a variety of tasks in social training, education, employment, advocacy and independent living. PASSED AND DULY ADOPTED this 7T" day of April 2015. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney U O W a N 0 N vn w W Packet Pg. 33 5.E ITEM NO. RES-2016-57 LIr OUNT �. F L Q R[ D A TO: PRESENTED BY: SUBMITTED BY: SUBJECT: DATE: 04/05/2016 AGENDA REQUEST *PROCLAMATIONS APPROVAL Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney Resolution proclaiming April 2016 as "CHILD ABUSE PREVENTION MONTH" in St. Lucie County, Florida. BACKGROUND: It has been requested that this Board proclaim the month of April, 2016 as "CHILD ABUSE PREVENTION MONTH" in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination/Signatures • Heather Young, Asst. County Attorney 3/30/2016 Packet Pg. 34 5.E.a RESOLUTION A RESOLUTION PROCLAIMING APRIL 2016 AS "CHILD ABUSE PREVENTION MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Florida's future prosperity depends on nurturing the healthy development of overfour million children currently living, growing, and learning within our many diverse communities. 2. Research shows that safe and nurturing relationships and stimulatingandstable environments improve brain development and child well-being, while neglectful or abusive experiences and unstable or stressful environments increase the odds of poor childhood outcomes. 3. The abuse and neglect of children can cause severe, costly and lifelong problems, including physical and mental health problems, school failure and criminal behavior, which affect all of society. 4. Research also shows that parents and caregivers who have social networks and know how to seek help in times of trouble are more resilient and better able to provide safe environments and nurturing experiences for their children. 5. Individuals, businesses, schools, and faith -based and community organizations must make children a top priority and take action to support the physical, social, emotional, and educational development and competency of all children. 6. During the month of April, Prevent Child Abuse Florida, in collaboration with the Governor's Office of Adoption and Child Protection, the Florida Department of Children and Families and the Ounce of Prevention Fund of Florida, will implement Pinwheels for Prevention, a statewide campaign promoting awareness of healthy child development, positive parenting practices, and the types of concrete support families need within their communities. NOW,THEREFORE, BE ITRESOLVED bythe Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim April 2016 as "CHILD ABUSE PREVENTION MONTH" in St. Lucie County, Florida and urge all residents to engage in activities whose purpose is to strengthen families and communities to provide the optimal environment for healthy child development. PASSED AND DULY ADOPTED this 5t" day of April 2016. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 35 8.A.1 03/11/16 FZABWARR FUND TITLE 001 001460 001462 001512 001550 001560 001563 001570 001571 001572 001573 001574 001575 001577 001826 101 101001 101002 101003 101004 102 102001 102114 104003 105202 107 107001 107002 107003 107006 115 118 121 129 130 130113 130114 130117 140 140001 160 183 . 183001 183004 183006 184001 184222 185015 ST. LUCIE COUNTY - BOARD WARRANT LIST #23- 05-MAR-2016 TO 11-MAR-2016 FUND SUMMARY General Fund FCTD Planning Grant Chase Settlement Grant Neighborhood Stabilization Program HUD Shelter Plus Care Section 112/MPO/FHWA/Planning HUD CDBG FY 2013 EMPG FY16 Safe Routes to School HUD Shelter Plus Chronic HUD Shelter Plus Care Grant CSBG 2016 Metropolitan Planning / Sec 5305d Lagoon Life Education Program SAFER St Lucie Disaster Education Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Citrus & Saeger Strmwtr Treatment Hurricane Frances Donations State Aid to Libraries FY 2015 Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Sheraton Plaza Fund Paradise Park Fund Blakely Subdivision Fund Parks MSTU Fund SLC Public Transit MSTU FTA 5307 FY2011 FTA 5307 FY 2013 FTA 5316 2014 JARC Grant Airport Fund Port Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund Artificial Reef Program Ft Pierce Shore Protection Project FHFC SHIP 2014-2015 EXPENSES 435,998.31 0.00 3, 120.00 0.00 2,724.00 811.73 345.42 91.00 0.00 2,191.00 62.00 2,883.00 27,323.55 0.00 0.00 25,771.83 0.00 23,366.93 6,637.72 9, 076.98 2, 109.60 6, 031.90 3, 872.00 860.00 4,019.20 78,665.39 0.00 61.00 4,298.75 4,242.10 599.67 835.25 83.91 536.26 1,416.72 3, 950.00 0.00 1,348.38 8,354.11 310.30 2,631.35 13,610.59 600.00 990.00 587.31 0.00 44,673.00 498.59 PAGE PAYROLL 541,306.23 501.31 0.00 250.12 66.68 8,812.58 2, 430.15 0.00 2,259.07 316.73 316.73 3, 921. 90 1,158.73 1,348.19 1,600.00 36,940.12 Z 1,381.60 42,114.27 14,565.83 Q 20,567.03 �- 72,493.04 N 9,062.23 7, 680.36 N 0.00 0.00 y 151,028.26 J 1, 060.03 M 1, 060.03 0.00 M 8,703.88 0.00 0 0.00 M 0.00 C 0.00 3 E 2,194.08 0 0.00 1,360.80 V 0.00 11,605.48 0.00 6, 524.14 4, 897.48 0.00 3,275.73 0.00 1, 645.60 0.00 487.43 Packet Pg. 36 8.A.1 03/11/16 FZABWARR FUND TITLE 185016 189110 189111 189203 190 310001 310006 316 39013 401 418 451 458 471 476 479 491 505 505001 505002 611 625 655 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #23- 05-MAR-2016 TO 11--MAR-2016 FUND SUMMARY FHFC SHIP 2015-2016 Home Consortium 2014 Horne Consortium FY 2015 Hardest Hit fund Advisor Services Sports Complex Fund Impact Fees -Library Impact Fees -Transportation County Capital Parkland MSBU Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Water & Sewer District Operations Water & Sewer District R&R Water & Sewer Dist. -Cap Facilities Building Code Fund Health Insurance Fund Risk Management Fund Health Insurance Administration Tourist Development Trust-Adv Fund Law Library Insurance Agency Fund Bank Fund GRAND TOTAL EXPENSES 504.07 240.64 218.65 0.00 17,533.58 4,650.20 56,076.75 65,442.50 22,569.50 194,985.53 3,002.00 54,230.45 0.00 209,471.94 0.00 0.00 0.00 228,960.39 707, 829. 00 0.00 3,733.88 3,900.67 76,964.24 17,972.24 2,394,075.08 PAGE 2 PAYROLL 97.30 1,112.72 0.00 350.28 25,588.60 0.00 0.00 0.00 0.00 107,597.35 18,287.29 8,999.22 1,011.18 9,729.38 1,735,09 4, 987.43 30,381.01 0.00 2,727.61 2, 840.47 3, 809.05 0.00 0.00 0.00 1,182,189.82 Packet Pg. 37 8.A.1 03/18/16 FZABWARR FUND TITLE 001 001459 001460 001462 001550 001560 001563 001570 001571 001572 001573 001574 101 101002 101003 101004 102 102001 102813 104003 105202 107 107001 107003 107006 129 130 130114 130116 140 140001 140376 160 183 183001 183004 183006 184001 165015 189110 190 310001 320 362 401 418 451 458 ST. LUCIE COUNTY - BOARD WARRANT LIST #24- 12-MAR-2016 TO 18-MAR-2016 FUND SUMMARY General Fund EMPA FY16 FCTD Planning Grant Chase Settlement Grant HUD Shelter Plus Care Section 112/MPO/FHWA/Planning HUD CDBG FY 2013 EMPG FY16 Safe Routes to School HUD Shelter Plus Chronic HUD Shelter Plus Care Grant CSBG 2016 Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU White City Drainage Citrus & Saeger Hurricane Frances Donations State Aid to Libraries FY 2015 Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Parks MSTU Fund SLC Public Transit MSTU FTA 5307 FY 2013 FTA 5312 VTCLI-II FY14 Airport Fund Port Fund FDOT New Port Ent 2nd street Imp Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund Artificial Reef Program FHFC SHIP 2014-2015 Home Consortium 2014 Sports Complex Fund Impact Fees -Library Jail Security Upgrade Sports Complex Improv Fund Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund EXPENSES 340,416.01 507.48 16,57 771.00 6,224.00 20,217.35 6.79 1,677.00 155.42 10,669.20 9, 959. 98 354 . 06-- 966.53 24,319.57 43,487.54 38,054.65 7,224.41 33,433.50 529.02 78.34 3,140.34 35,304.26 4,527.79 217.34 11,805.75 912.54 150.00 4,320.00 667.57 2,389.97 630.01 126,463.17 2,257.39 5,335.49 300.00 3,013.07 16,313.66 3.97 764.00 11.56 73,307.54 11,268.17 11,260.27 6,300.00 942,740.96 13,088.14 31,520.60 2,732.79 PAGE PAYROLL 89.06 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 Z z 0.00 0.00 0.00 `n 0.00 Ln N 0.00 M 0.00 N 0.00 y 0.00 0.00 c 0 . 0 0 0.00 L 0.00 is 0.00 0.00 c 0.00 0.00 0 0.00 r_ 0.00 E 0.00 c 0.00 v 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 259.84 0.00 0.00 0.00 Packet Pg. 38 8.A.1 03/18/16 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #24- 12-MAR--2016 TO 18--MAR--2016 FUND SUMMARY FUND TITLE EXPENSES 471 Water & Sewer District Operations 21,211.39 478 Water & Sewer District R&R 13,079.36 479 Water & Sewer Dist. -Cap Facilities 441.70 491 Building Code Fund 1,831.93 505 Health Insurance Fund 870,934.34 505001 Risk Management Fund 3,565.97 611 Tourist Development Trust-Adv Fund 27,029.97 650 Agency Fund 49,304.87 801 Bank Fund 30,754.10 GRAND TOTAL: 2,667,260.28 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 796.80 0.00 0.00 0.00 0.00 1,145.70 N H Z a Ln N M N r J C M L L M M C� CG G ♦O� V Packet Pg. 39 8.A.1 03/24/16 FZABWARR FUND TITLE 001 001460 001512 001538 001550 001560 001563 001571 001572 001573 001574 001575 001577 001826 101 101001 101002 101003 101004 102 102001 102114 107 107001 107002 107003 107005 107006 130 130114 130115 130117 130118 130119 130121 130222 130219 130220 130221 140 140001 160 182 183 183001 183004 184001 185015 ST. LUCIE COUNTY - BOARD WARRANT LIST #25- 19-MAR-2016 TO 24-MAR-2016 FUND SUMMARY General Fund FCTD Planning Grant Neighborhood Stabilization Program HUD Neighborhood Stab 3 HUD Shelter Plus Care Section 112/MPO/FHWA/Planning HUD CDBG FY 2013 Safe Routes to School HUD Shelter Plus Chronic HUD Shelter Plus Care Grant CSBG 2016 Metropolitan Planning / Sec 5305d Lagoon Life Education Program SAFER St Lucie Disaster Education Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Citrus & Saeger Strmwtr Treatment Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Legal Aid F&F Fund -Court Related Technology SLC Public Transit MSTU FTA 5307 FY 2013 FTA 5309 VTCLI-II FY14 FTA 5316 2014 JARC Grant FTA 5317 FY13/14 New Freedom FTA 5307 FY13 FTA 5307 FY 2014 FTA 5339 FY 2013 Capital FDOT Lakewood Pk Reg Bus Rte FCTD Trip & Equip FY 2016 FDOT Service Development Grant Airport Fund Port Fund Plan Maintenance RAD Fund Environmental Land Acquisition Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Artificial Reef Program FHFC SHIP 2014-2015 EXPENSES 223,362.81 0.00 0.00 0.00 0.00 463.40 20,142.26 697.00 69.84 0.00 300.00 0.00 0.00 0.00 0.00 0.00 18,277.92 0.00 1,638.11 4,357.81 7,740.00 0.00 62,676.36 7,442.00 15,010.89 4,350.52 9,434.25 19,349.76 141,511.76 0.00 0.00 943.02 4,420.19 45,762.56 113,934.12 2, 567.78 5, 956.67 45,607.82 1,223.20 27,137.91 148.80 12,278.69 1,452.98 1,527.94 100.00 798.00 0.00 562.26 PAGE PAYROLL 537,760.42 784.71 189.58 77.98 66.68 10,018.86 2,925.01 1,816.44 333.40 366.74 3,865.90 611.68 1,333.61 1,600.00 37,851.68 1,381.60 45,206.47 15,172.00 16,557.86 64,472,12 10,098.87 4,016.26 117,038.60 1,060.03 41,349.18 0.00 0.00 8,703.88 2, 194 .08 680.40 680.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 11, 546.40 3,177.61 2, 946.47 0.00 4,897.48 0.00 3,275,73 1,645.60 627.97 F H Z Packet Pg. 40 8.A.1 03/24/16 FZABWARR FUND TITLE 188 189110 189203 190 216 310001 382 401 418 451 458 471 478 479 491 505 505001 505002 611 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #25- 19-MAR-2016 TO 24-MAR-2016 FUND SUMMARY Bluefield Ranch Improvements Home Consortium 2014 Hardest Hit fund Advisor Services Sports Complex Fund County Capital I&S Impact Fees -Library Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Water & Sewer District Operations Water & Sewer District R&R Water & Sewer Dist. -Cap Facilities Building Code Fund Health Insurance Fund Risk Management Fund Health Insurance Administration Tourist Development Trust-Adv Fund Law Library Bank Fund GRAND TOTAL EXPENSES 2.09 262.26 95.70 12,313.67 1,202.00 3,963.97 190.88 156,327.82 22,578.72 246.•53 0.00 31,226.55 1,291.20 0.00 174.80 54,849.48 21,194.25 0.00 830.30 10,741.93 20,022.30 1,138,761.08 PAGE 2 PAYROLL 0.00 678.78 228.68 28,495.19 0.00 0.00 0.00 100,385.04 18,922.95 6, 124.14 1,091.23 9, 184.90 1,684.49 1,519.83 30,048.53 0.00 2,727.82 2,870.27 3,842.30 0.00 0.00 1,164,135.85 Packet Pg. 41 8.C.1 ITEM NO. (ID # 3435) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 04/05/2016 *CONSENT AGENDA\COUNTY ATTORNEY Reimbursment Agreement with Iglesia Biblica De Fort Pierce, Inc. In 2008, the County accepted the donation of a thirty foot (30') permanent easement from the Covenant Reformed Presbyterian Church of Fort Pierce, Florida, Inc. The County constructed a gravity wall within the donated easement. The current owner of the property adjacent to the easement is Iglesia Biblica De Fort Pierce, Inc. ("Owner"). The Owner claims that the gravity wall has adversely affected the Owner's ability to access its property. For purposes of settling the issue County staff has agreed that the County should consider reimbursing the Owner for a portion of the cost of improvements needed to provide driveway access to the Owner's property. Attached is a copy of a proposed agreement which, if approved, would require the County to reimburse the Owner in an amount not to exceed $10,823.25. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the Agreement with Iglesia Biblica De Fort Pierce, Inc. and authorize the Chairman to sign the Agreement. COMMISSION ACTION: Packet Pg. 42 8.C.1 Coordination/Signatures Heather Young, Asst. County Attorney 3/16%2016 Updated: 3/10/2016 11:48 AM by Stephanie Bush Page 2 Packet Pg. 43 8.C.1.a AGREEMENT THIS AGREEMENT is entered into this day of , 2016, by and between IGLESIA BIBLICA DE FORT PIERCE, INC., hereinafter referred to as "Owner" and ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County". WHEREAS, pursuant to Resolution Number 08-126 (the "Resolution"), the County accepted the donation of a thirty foot (30') permanent easement from the Covenant Reformed Presbyterian Church of Fort Pierce, Florida, Inc. ("Church"); and WHEREAS, the County constructed a gravity wall within the donated easement; and WHEREAS, the Church conveyed the property adjacent to the easement to the Owner; and WHEREAS, the Owner claims that the County's improvements within the easement have adversely affected the Owners ability to access its property; and WHEREAS, the Owner obtained a Proposal (#P1527) from Heritage Contracting Services, Inc. to provide driveway access to the property ("Improvements"), a copy of which is attached as Exhibit "A"; and WHEREAS, the Owner has requested that the County consider reimbursing the Owner for a portion of the cost of providing driveway access; and WHEREAS, the County has agreed to reimburse the Owner for the cost of the following improvements upon receipt of a paid invoice from Heritage Contracting Services, Inc.: *All contract cutting and removal of the existing retaining wall, curb and handrail .......... $4,500.00 *Cut and repair DOT guardrail per plan....................................................................................$5,069.25 *1/3 of cost to provide fill dirt to support new driveway (compact per plan).....................$1,254.00 WHEREAS, subject to the terms and conditions of this Agreement, Owner is willing to undertake construction of the Improvements set out in Exhibit "A" in accordance with the terms of a County issued driveway permit which the Owner or its Contractor must obtain. NOW, THEREFORE, in consideration of the intent and desire of the parties and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1 S:/ATTY/AGRRMNT/Merino—Iglesia Biblica De Fort Pierce, Inc. Packet Pg. 44 8.C.1.a 1. COMPLETION OF REQUIRED IMPROVEMENTS Owner shall cause the Improvements to be completed within twelve (12) months after the date of this Agreement. Prior to constructing the Improvements the Owner or Contractor shall obtain a driveway permit from the County. 2. SUPERVISION OF CONSTRUCTION The Improvements shall be constructed under the supervision of the Owner's engineer in full compliance with the specifications and requirements of St. Lucie County. When the Improvements are complete, the County Engineer shall be furnished with a Certificate of Completion, signed and sealed by a Florida licensed engineer, "Record Drawings", signed and sealed by a Florida licensed surveyor, and all supporting geotechnical test reports. 3. COUNTY REIMBURSEMENT TO OWNER: RELEASE BY OWNER Upon completion of construction of the Improvements, the Project's engineer shall certify that the Improvements have been constructed in accordance with the regulations set forth in the Land Development Code ("LDC"). When the Improvements have been certified by the Project's engineer, the County Engineer shall inspect the Improvements and review the construction and supporting data furnished by the Project's engineer. Once the Improvements are completed to the reasonable satisfaction of the County Engineer, the County shall reimburse the Owner in an amount not to exceed $10,823.25. Owner's deposit of the reimbursement funds from the County shall constitute Owner's release of the County from any and all liens against the County resulting from the County's construction of a gravity wall handrail and other improvements adjacent to Owner's property. 4. INTERPRETATION: VENUE This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in Federal Court. S. BINDING EFFECT This Agreement shall be binding upon, and inure to the benefit of, the parties hereto, their successors and assigns. S:/ATTY/AGRRMNT/Merino—Iglesia Biblica De Fort Pierce, Inc. Packet Pg. 45 8.C.1.a 6. NO THIRD PARTY BENEFICIARIES This Agreement is for the sole benefit of the parties hereto, their respective successors and permitted assigns, and no other party or entity shall be entitled to rely upon or receive any benefit from this Agreement or to constitute a third party beneficiary hereunder. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement in counterparts each of which shall be treated as an original upon the terms and conditions above stated. WITNESSES: (1) (2) WITNESSES: (1) (2) BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA COUNTY ADMINISTRATOR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY IGLESIA BIBLICA DE FORT PIERCE, INC. 3 S:/ATTY/AGRRMNT/Merino—Iglesia Biblica De Fort Pierce, Inc. Packet Pg. 46 8.C.2 ITEM NO. (ID # 3450) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney DATE 04/05/2016 *CONSENT AGENDA\COUNTY ATTORNEY All Aboard Florida - Payment of Legal Defense Invoices through All Aboard Legal Defense Fund The County has retained the firm of Oertel, Fernandez, Bryant & Atkinson (the "Firm") to review the Draft Environmental Impact Statement ("DEIS") submitted by All Aboard Florida ("AAF") to the Federal Railroad Administration ("FRA") and provide advice as to how to proceed. Attached is Invoice 14672 dated February 29, 2016 for professional services related to All Aboard Florida: Administrative and Civil Litigation Options. Staff is requesting that the Board authorize payment of the invoice from the special fund the Board created to fund the review of the AAF project. PREVIOUS ACTION: The Board has approved prior payments from the specified fund on July 7, 2015, September 15, 2015, October 6, 2015, October 20, 2015, December 15, 2015, February 9, 2016 and March 1, 2016. FINANCIAL IMPACT: Sufficient funds are available in account string #001-1900-531000-1935 (Professional Services). RECOMMENDATION: Staff recommends that the Board authorize payment of the attached invoice from the special fund the Board created pertaining to All Aboard Florida (AAF). COMMISSION ACTION: Packet Pg. 47 8.C.2 Coordination/Signatures Danie 5. McIntyre, County ttorney 3/22/2016 Updated: 3/22/2016 4:52 PM by Carol Bishop Page 2 Packet Pg. 48 8.C.2.a Oertel, Fernandez, Bryant & Atkinson P.A. Post Office Box 1110 Tallahassee, Florida 32302-1110 FID# 59-2009476 Telephone (850) 521-0700 Facsimile (850) 521-0720 Daniel McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982 February 29, 2016 Invoice # 14672 Client # 3919-001 FOR PROFESSIONAL SERVICES RENDERED MAR 212016 Re: All Aboard Florida; Administrative an Civil Litigation Options PROFESSIONAL SERVICES COUNTYATTORNEY DATE LAWYER DESCRIPTION Feb-01-16 SJF Monitor WMD issues; team conference call TPA Work on district permitting issues; call with Segundo Fernandez Feb-02-16 SJF Review WMD / ERP documents TPA Review permit files Feb-03-16 SJF Prepare for meeting with county team and experts; Meeting with SFWMD; work on AAF / ERP issues TPA Review memoranda received on district permits; calls with Segundo Fernandez; call with Andy Woodward; emails Feb-04-16 SJF Meeting with SFWMD on AAF / ERP stormwater issues, return to Tallahassee Feb-05-16 SJF Review RAI Timeline on ERP, Riiska email, Creech emails TPA Review SFWMD permit issues Feb-08-16 SJF Bush / McIntyre emails GJ TPA Work on letter to district��' HOURS AMOUNT 1.20 $330.00 1.20 $330.00 2.00 $550.00 0.30 $82.50 6.00 $1,650.00 0.80 $220.00 6.00 $1,650.00 1.40 $385.00 0.60 $165.00 0.30 $82.50 1.00 $275.00 a� 0 c a� c a� 0 J 4- 0 c m E a `o U- 0 Q Q 0 LO v N ti a 0 c N U ao r c a� E 0 Q Packet Pg. 49 Matter: 3919-001 Feb-09-16 TPA Review district permitting issues; call and email with Andy Woodruff; calls and email with Susan Martin at SFWMD; work on edits to letter to district Feb-10-16 SJF Bush email; work on talking points re: county strategies TPA Call and emails with Susan Martin at SFWMD on meetings Feb-11-16 SJF Email P. Dayan re: WMD meeting TPA Review district permitting issues Feb-12-16 SJF Phone call with P. Dayan and D. McIntyre TPA Call with Andy Woodruff on meeting with SFWMD on permit issues; review documents Feb-15-16 TPA Review memo from Andy Woodward; review WMD issues Feb-16-16 TPA Review water management district permitting issues; review Andy Woodruff memorandum Feb-17-16 SJF Work on WMD issues; monitor meeting with staff TPA Call with Patrick Dayan on meeting with SFWMD Feb-19-16 SJF Email P. Dayan; email McIntyre Feb-22-16 SJF Email McIntyre, review Ron West notes on WMD meeting TPA Work on letter to SFWMD on permit application Feb-24-16 SJF Review McIntyre / Griffin emails re: AAF mitigation TPA Review SFWMD permitting issues / 90-day clock Total Hours Total Fees SUMMARY OF PROFESSIONAL SERVICES Lawyer Hours Amount Segundo J. Fernandez 20.30 $5,582.50 8.C.2.a 1.80 $495.00 0.50 $137.50 0.50 $137.50 0.30 $82.50 0.40 $110.00 0.00 $0.00 0.60 $165.00 0.50 $137.50 0.40 $110.00 0.80 $220.00 1.40 $385.00 0.60 $165.00 0.60 $165.00 0.50 $137.50 0.60 $165.00 0.30 $82.50 30.60 i8,415.00 Packet Pg. 50 Matter: 3919-001 Timothy P. Atkinson 10.30 $2,832.50 8.C.2.a COSTS ADVANCED Feb-19-16 Telephone - February 2016 1.43 Feb-29-16 Copies - February 2016 - 7 @ 0.25 1.75 Consulting Services - Passarella & 5,195.63 Associates, Inc. Total Costs Advanced $5,198.81 Current Charges Interest Due $0.00 Previous Payments $3,319.45 Credit Memos $0.00 Previous Balance Total Balance Due N'1 Rw 7 RR:71 $2,894.22 $16,508.03 Packet Pg. 51 ASSAR.ELLA'—�--'-' -1 I,,,�« & A s s o c. I AT E S'K- 13620 Metropolis Avenue Suite 200 Fort Myers, FL 33912 239-274-0067 In Account With Oertel, Fernandez, Bryant & Atkinson, P.A 2060 Delta Way Tallahassee, FL 32303 All Aboard Florida Review Project #150FB2330 (invoice 7) March 11, 2016 For services rendered in connection with the All Aboard Florida Review project per Professional Services Agreement dated March 12, 2015, Professional services through February 29,2016 Administrative Assistant 11 02/02/2016 SFWMD permit extension application documents; files from Martin County; assembled binders of information for SFWMD meeting 02/03/2016 Assembled binders of information for SFWMD meeting 02/04/2016 Scheduled conference call with SFWMD staff Conmy and Stone 02/09/2016 Researched SFWMD permit files as needed by Project Manager for meeting with SFWMD 02/15/2016 Memo re: meeting with SFWMD; e-mailed draft memo to Atkinson Administrative Assistant III 02/1512016 Memo to Atkinson re: SFWMD meeting AutoCAQ IV/GIS Analyst 02/03/2016 Research mile post locations Senior Ecologist III - Office 02101/2016 Communication with project team re: SFWMD permit review 02/02/2016 SFWMD permit review 02/03/2016 SFWMD permit review 02/04/2016 Meeting with team and SFWMD in West Palm Beach re: permitting issues 02/05/2016 Preparation for meeting with SFWMD technical staff 02108/2016 Communication with Fernandez and Atkins re: SFWMD permit review status; review SFWMD ERP application 02/09/2016 SFWMD application review;communication with Conmy, Segundo and Riiska re: meeting with SFWMD 02/10/2016 Meeting with SFWMD staff and All Aboard in West Palm re, SFWMD permit application 02/11/2016 SFWMD application review 02/12/2016 Communication with Atkinson re: SFWMD meeting Professional Services Due This Invoice: Oertel, Fernandez, Bryant & Atkinson, P.A s )q ? � I Billed Hours Rate Amount 3,00 55.00 165.00 2,00 5&00 110.00 0,50 55.00 27.60 3,50 55,00 192,50 215 56.00 123,75 0,50 8&00 32.50 1.00 110.00 110,00 3.25 180.00 586,00 7,25 180.00 1,305,00 9.00 180.00 1,620.00 11,00 IKOO 1,980.00 0,50 180.00 90,00 1,25 180,00 22&00 7.00 180,00 1,260.00 11,50 180.00 2,070,00 lk 2.50 180,00 460.00 015 1180.00 45,00 Task subtotal 10,39125 Total 10,39116 $110,3911.26 Invoice date 03/11/2016 Packet Pg. 52 8.C.2.a Mar- 15, 2016 15:11:31 OERTEL. FERNANDEZ BRYANT & ATKINSON Account Summary 391901: TransTotals for Print: Totals For 391901: Grand Total: Included transaction type(s) Fax, Copy, Disb, Print, Time, Phone. Page 1 of 1 Date Range From 211 /2016 0:00 To 2/29/2016 23:59 Gross Charges Net Charges 1,75 1,75 1,75 1 75 1.75 1,75 Q Packet Pg. 53 8.C.3 ITEM NO. RES-2016-53 TO: PRESENTED BY: SUBMITTED BY: ci miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners JoAnn Riley, Property Acquisitions Manager Property Acquisition Division DATE: 04/05/2016 *CONSENT AGENDA\COUNTY ATTORNEY Resolution and Lease Agreement between St. Lucie County and Beach Club Colony on the Ocean, Inc. Beach Club Colony on the Ocean, Inc. has been leasing the old Wastewater Treatment Plant location in their subdivision since March of 2004. Beach Club Colony has requested to add a dog park to the leased site. At their sole expense they will be installing a fence and gates. The dog park will not be open when County employees are inspecting the lift station. PREVIOUS ACTION: March 2, 2004 - Board of County Commissioners approved Resolution No. 04-72 granting permission to Beach Club Colony on the Ocean, Inc. to use the old Wastewater Treatment Plant for recreational activities. August 11, 2009 - Board of County Commissioners approved the First Amendment to the March 2004 Lease Agreement for an additional period of five years. FINANCIAL IMPACT: N/A Staff recommends that the Board approve the Lease Agreement with Beach Club Colony on the Ocean, Inc. and adopt the Resolution, authorize the Chairman to sign the Lease Agreement and Resolution and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 14ca ►] "i1► f-1--[9P►I_Ts"191 F Packet Pg. 54 8.C.3 Coordination/Signatures ' 'ianie/S. McIntyre, C my ttorney 3/23/2016 updated:3/23/2016 10:56AM byJoAnn Riley Page 2 Packet Pg. 55 LOCATION OF LEASED PROPERTY /'L4�?f�l �GINZ/1-i/I'Lbf'eY 8.C.3.a 5 Plat of Survey in 2111-37-41 PB 7PG 13 Bay Tree Tr-PB 32PG 1 Sublect Beach Club Colony Condo Building B PB 223PG 2335 \\ Beach Club Colony Condo Building A \ B 11 PG 798 1 If Beach Vent rue Out at Indian River Inln S c -.A VA rPBy17PG14 � —AV Indian River Lagoon Venture Out at Indian River Inc (Sec D PB-17PG 4 ` �I 1:.�I Atlantis II I by the Sea, a Condominium PB 376PG 412 OCEANRISE CONDOMINIUM PB PG HUTCHINSON ISLAND CLUB PB PG b,Colony Section 1 Holiday Out at S -t Q,", . ' I A \ ---\ IP6,14PG4 Atlantic ocean OCEANIA SOUTH CONDOMINIUM II ISLAND CREST CONDO. ��/ X \ PB PGA 1>1 QLFIMER $1. Lucie Cpunly makes no warranty, reWesenlalun or 9uaranly es to the, , ,a__0V'ONg'LIF 0'0Z -U45 -06cnsmnpentioneedThe ede, et ely - the daaIdreany L.ndW with-k miaothe implied anhes ame,d..abihly end flneas bra particularpurpxe St. Lucie Countyhall assume no liability tor'i_Any errors omissions, er inaccurecl- the Miles iI—ation Wovitled regardless of how -used', er 2. Any deck,.. made ur seliun taken ur nd taken by any gerapn m reliance upon any infirmalwn ar dots furnished hereunder Packet Pg. 56 8.C.3.b LEASE AGREEMENT THIS LEASE is made and entered into this _ _ day of 2016, by and between St. Lucie County (the "County") a political subdivision of the State of Florida, and Beach Club Colony on the Ocean, Inc. (the "Lessee"), a Florida non-profit organization. WHEREAS, the County is the owner of certain real property located at the site of the old wastewater treatment plant in Beach Club Colony; and WHEREAS, Lessee is interested in utilizing the property for recreational activities; and WHEREAS, Lessee and the County desire to enter into an agreement to make the subject property available to Lessee for recreational activities; and WHEREAS, the Site is not currently needed for County operations. ARTICLE 1 1.01 Term. The County, hereby leases to the Lessee for a term of twenty-five (25) years, the Site described in Article 2.01 below for recreational use of the Site noted herein, hereafter called the "Site". 1.02 Project Manag . The Project Manager for the County is Laurie Waldie or designee at (772) 462-1150. The Project Manager for the Lessee is _Bch 6 1—) 0 V I at ? -7 Z, r .13 7 j ARTICLE 2 G (A4\ yo k 3N n J M e go r'om c$sr. r) r 2.01 Site Description. A sketch and description of the area of the old wastewater treatment plant in Beach Club Colony (the "Site") showing the location for the Site leased to the Lessee under this Lease is attached hereto and made a part hereof as Exhibit "A". ARTICLE 3 3.01 Lessee Responsibility. The Lessee or its subcontractors are independent contractors and are not employees or agents of the County. Nothing in this Lease shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Lessee, its employees, agents, members, officers, subcontractors, or assigns, during or after the performance of this Lease. ARTICLE 4 4.01 Cornoensation. Lessee shall pay an annual rental of ten ($10.00) dollars to the County for lease of the Site described above in Article 3.01. 4.02 Trash Removal. Lessee shall ensure that all trash and garbage is properly placed in trash containers prior to leaving the Site. Lessee shall ensure there are adequate receptacles and bags for removal of canine fecal matter, 5:\ATTY\AGREEMNT1EEASE/9eachCiubColony 16 --1— Packet Pg. 57 8.C.3.b ARTICLE 5 5.01 County Approval, The Lessee agrees that it will obtain prior written approval from the County in all of the following matters. A. Changes from originally approved specifications, signage, and graphics. B. Equipment Lessee plans to install requiring any modifications to the Site including but not limited to the fence and location of the gate. Further, it is understood by the Lessee that should any of the above items be disapproved, Lessee will offer alternative solutions. The County shall be allowed sixty (60) days to reach a decision in any of the above matters and failure to do so within such period shall constitute approval. 5.02 County Approval of Change. The County reserves the right with stated just cause to require the Lessee to change within a stated time any and all items contained in Article 5 of this Lease it deems in need of change, despite previous approval of same. 5.03 Permitted Uses/Conditions. Lessee shall have the right to use and occupy the Site for recreational activities including but not limited to a dog park. Lessees shall be permitted at their sole expense to fence the property. If Lessee fences the property, Lessee shall provide a drive thru gate at the location approved by the County Project Manager. The gate shall be a minimum of sixteen (16) feet wide (at least two (2) eight (8) foot sections. 5.04 Quality of Lessee's Services. A. The Lessee shall control the conduct, demeanor, and appearance of its officers, members, volunteers, employees, agents, representatives, guests, and upon an objection of the County concerning the conduct, demeanor, or appearance of any such person, Lessee shall immediately take all necessary steps to correct the cause of such objections. B. Lessee shall take good care of the Site, shall use the same in a careful manner and shall, at its own cost and expense, keep and maintain the same in constant good and substantial condition and repair, and upon the expiration of this Lease, or its termination in any manner, shall deliver said Site to the County in no worse condition than the same was at the commencement of this Lease, loss by fire or other casualty and ordinary wear and tear only exceptions. C. Lessee agrees to close the park upon the County Project Managers notification that the County requires the park closed. D. Lessee agrees that all dogs must be on a leash when the County or its representative is on Site. 5.05 Scope of Lease. The Lessee underthis Lease shall only use the Site for recreational activities including but not limited to a dog park. ARTICLE 6 6.01 Assignment, Subletting and Successors in Interest. Lessee shall not sublease the Site in whole or any part, or assign this Lease to any other persons or firm without first obtaining the County Administrator or his designee's written approval. It is covenanted and agreed that all covenants, conditions, agreements and undertakings contained in this lease shall extend to and be binding on any respective successors, assignees or sublease accepted by the County. 5;%ATTY\AGREEMNT\LEASE/BeachClufaColony 16 —2— Packet Pg. 58 8.C.3.b ARTICLE 7 7.01 Alcoholic Beverages. Lessee shall not sell, give, or otherwise distribute any alcoholic beverages on County property. ARTICLE 8 8.01 Structures and Improvements. A. Lessee shall be solely responsible for costs and liabilities associated with the design, maintenance, use, repair and operations of the Site. B. Lessee shall not construct or place or cause to be constructed or placed, any structure or other improvements at the Site without the express written approval of the County Administrator or his designee. C. It shall be the responsibility of the Lessee to obtain and pay for any local, state, or federal permits or permissions required to construct or place any structures on the Site. D. The County agrees that Lessee may be permitted at their sole expense to fence the property. If Lessee fences the property, Lessee shall provide a drive thru gate at the location approved by the County Contract Manager. The gate shall be a minimum of sixteen (16) feet wide (at least two (2) eight (8) foot sections). E. Lessee agrees to close the park at any time the County requests for maintenance/repair of the lift station. 8.02 Equipment Installed„b„y Lessee. A. All equipment, furnishing, signing, and advertising installed by the Lessee shall be in keeping with the appropriate standards of decor at the facilities and must be approved by the County prior to installation. The Lessee shall not install, remove, or replace improvements that the County may approve from time to time, Lessee shall provide to the County a certified statement by an independent Certified Public Accountant setting forth the cost of such improvements and the date upon which the installation of such improvements was completed. B. Lessee agrees that all improvements provided shall meet the requirements of all applicable building, fire, pollution, and other related codes. C. Lessee shall not alter or modify any portion the Site, the leased premises or the improvements constructed therein without first obtaining written approval from the County. D. Lessee shall not sell, convey, mortgage, pledge, or otherwise dispose of any of the equipment or furnishings installed on the leased premises without prior written consent of the County, 8.03 Ownership of Improvements/Equipment. It is the intention of the parties to this Lease that all fixtures, furnishings, equipment, structures or improvements provided by Lessee shall at the termination of the Lease become the property of the County. At the option of the County, Lessee agrees to execute and deliver a bill of sale conveying any improvements/equipment to the County within thirty (30) days from the termination of this Lease. Prior to the installation of any such equipment, structures or improvements, the Lessee shall provide the County with an invoice or other documentation of the cost of the equipment, structures or improvements along with the manufacturer's or contractor's estimated useful life for the equipment, structures or improvement. S:\ATTY\AGREEMNT\LEASE/Sea{hClubColony 16 —3— Packet Pg. 59 8.C.3.b ARTICLE 9 9.01 Maintenance Responsibilities of Lessee. Appearance of the Site: Lessee shall, at its sole cost and expense, keep and maintain the Site in a first-class condition during the term of this Lease and any extensions thereof. Lessee shall be responsible for the maintenance of all equipment, furnishings, structures, improvements, and fixtures used or useful at the Site. Lessee shall be responsible for the removal of all trash from the Site. Lessee shall be responsible for all ground maintenance including, but not limited to, mowing. 9.02 Damages. A. Lessee shall repair all damage to the leased or non -leased portions of the Site caused bythe Lessee, its employees, members, officers, agents, guests or independent contractors. B. Lessee agrees to be responsible for all damage caused by the dogs including but not limited to any injury to a dog. ARTICLE 10 10.01 Quiet En'o ment of Leased Property. Subject to the right of early termination, the County covenants and agrees that so long as no default exists in the performance of Lessee's covenants and agreements contained herein, Lessee shall peaceably and quietly hold and enjoy the lease Site and all parts thereof free from eviction or disturbance by the County or any persons claiming under, by or through the County. ARTICLE 11 11.01 Indemnification. To the extent of the insurance coverage set out in Article 15, Lessee agrees to indemnify and save the County (and its directors, officers, employees and agents) harmless from any liability, losses, damages, judgments, liens, expenses and costs (including, without limitation, reasonable attorneys' fees) sustained or incurred in connection with any claims, demands, suits, actions or proceedings made or brought against any such party as a result of any negligent act or omission of Lessee (or its directors, officers, employees and agents) in the performance of its obligations under this Agreement. For the purpose of this section, the term "County" shall be deemed to include the Board of County Commissioners and its agents, employees and affiliates. The Lessee hereby acknowledges that payments made under this Lease includes consideration for the indemnification provided herein. The indemnifications contained herein shall survive the expiration or termination of the Lease. ARTICLE 12 12.01 Liabilityfor Damage r Injury. The County shall not be liable for any damage or injury that may be or sustained by any part or personson the leased Site or connected in any way with the Lessee's operation of the Site other than damage or injury caused solely by the negligence of the County. ARTICLE 13 13.01 Damage or Destruction of Premises. If the leased Site is partially damaged, but not rendered unusable for the purposes of this Lease, the same shall be repaired with due diligence by the Lessee at its cost and expense. S:\ATTY\AGREEMNT\LEASE/BeachClubColony lb --4— Packet Pg. 60 8.C.3.b ARTICLE 14 14.01 Ingress and Egress. Subject to the rules, regulations, statutes, and ordinances governing the use of the Site, Lessee, his agents, members, officers, servants, patrons and invitees, and his suppliers of service and furnisher of materials, shall have the right of ingress and egress to and from the Site. ARTICLE 15 15.01 Insurance. The Lessee shall maintain the following insurance during the term of this Lease: The Lessee shall produce and keep in full force and effect at all times, Public Liability Coverage insurance, Comprehensive General Liability including contractual liability covering the indemnification provision agreement contained in this Lease Agreement. Coverage shall provide a combined minimum limit of One Million and 0/100 dollars ($1,000,000.00) per occurrence/$3,000,000 aggregate for bodily injury and property damage, and a certificate of such policies of insurance and all renewals thereof shall promptly be delivered to and held by the County. The County shall be an additional insured on the Lessee's policy of insurance. Proof of insurance must be provided to the County prior to any use of the Site by the Lessee. ARTICLE 16 16.01 Termination by County. A. The County may terminate this Lease without notice upon the occurrence of any of the following events. 1. Institution of proceedings in voluntary bankruptcy by the Lessee. 2. Institution of proceedings in involuntary bankruptcy against the Lessee if such proceedings continue for a period ninety (90) days. 3. Assignment by Lessee for the benefit of creditors. 4. Abandonment by Lessee of, and discontinuance of operations hereunder. 5. Failure to maintain required insurance B. The County shall have the right to terminate this Lease after thirty (30) days written notice sent by registered or certified mail to the Lessee, of the occurrence of one or more of the following, unless the same shall have been corrected within such period. 1. Nonperformance of any covenant of this Lease and failure of the Lessee to remedy such breach. 2. The conduct of any business or the merchandising of any product or service not specifically authorized herein. 3. Determination by County that Lessees activities on Site are causing or may cause an environmental disturbance. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 16.02 Termination by Lessee. Lessee shall have the right upon thirty (30) calendar days written notice to the County to terminate this Lease at any time after the occurrence of one or more of the following events: S:\ATTY�AGREEMNT\LEASE/BeachClubColony 16 —5— Packet Pg. 61 8.C.3.b A. Issuance by any court of competent jurisdiction of any injunction substantially restricting the use of the Site for commercial purposes, and the remaining in force of said injunction for more than ninety (90) calendar days. B. A breach by the County of any of the terms, covenants, or conditions contained in this Lease and the failure of the County to remedy such breach for sixty (60) calendar days after receipt of written notice sent by registered or certified mail from the Lessee of the existence of such breach. 16.03 Termination without Cause. Either party may terminate this Lease without cause upon thirty (30) days prior written notice to the other party. ARTICLE 17 17.01 Non -Discrimination. A. That Lessee for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that: 1. No person on the grounds of race, color, national origin, or sex shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 2. That in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, national origin, or sex shall be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination. 3. That the Lessee shall use the Site in compliance with all other requirements imposed by or pursuant to Title 45, code of Federal Regulations, Article 80, Nondiscrimination under programs receiving Federal Assistance. B. That in the event of breach of any of the above nondiscrimination covenants, the County shall have the right to terminate the concession and to re-enter and repossess the Site thereon and hold the same as if said concession had never been made or issued. C. Lessee shall not discriminate against any employees or applicants for employment to be employed in the performance of the contract with respect to hiring, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of age, sex, or physical handicap (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin, or ancestry. ARTICLE 18 18.01 Rules and Regulations. The Lessee will observe, obey and comply with all rules and regulations adopted by the County and all laws, ordinances and/or rules and regulations of other governmental units and agencies having lawful jurisdiction, which may be applicable to Lessee's operations under this Lease. ARTICLE 19 19.01 Payment of Obligations. Lessee shall pay all taxes and other costs lawfully assessed against its leasehold interest in the leased Site, its improvements and its operations under the Lease provided, however, that Lessee shall not be deemed to be in default of its obligations under this Lease for failure to pay such taxes pending the outcome of any legal proceedings instituted to determine the validity of such taxes. S:\ATfY\AGREEMNT\LEASE/BeachClubColony 16 —6— Packet Pg. 62 8.C.3.b ARTICLE 20 20.02 Public Records. The Contractor 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 the Contractor in conjunction with this Contract. Specifically, the Contractor shall: (a) 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 the Contractor in conjunction with this Contract. (b) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (c) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in state law or as otherwise provided by law. (d) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (e) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the contractor 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 County in a format that is compatible with the information technology system of the County. ARTICLE 21 21.01 Inspection by„ County. The County may make periodic inspections of all of the leased premises and equipment to determine if such are being maintained in a neat and orderly condition. The Lessee shall be required to make any improvements in cleaning or maintenance methods required by the County. Such periodic inspections may also be made to determine whether the Lessee is operating in compliance with the terms and provisions of this Lease. ARTICLE 22 _ p Additions by the County. The County shall have the absolute right, without . 1 Site Re airs,_Alterationsond , limitations to make any repairs, alterations, and additions to any structures and facilities at the Site, including any facilities which may be leased under this Lease, free from any and all liability to the Lessee for loss of business or damages of any nature whatsoever. ARTICLE 23 23.01 Termination of Contract. The Lessee, within seventy-two (72) hours following the termination of this Lease, shall forthwith remove all of its personal property not acquired by the County under the terms of this Lease. Personal property as defined herein shall not include any fixtures, equipment and improvements permanently affixed. Any personal property of Lessee not removed in accordance with this Article may be removed by the County for storage at the cost of Lessee or shall constitute a gratuitous transfer of title thereof to the County for whatever disposition is deemed to be in the best interest of the County. The County shall not be liable to Lessee for the safekeeping of Lessee's personal property. Upon termination of this lease and the removal of all personal property by Lessee shall restore the Site to a neat, clean, and habitable condition. 5:\ATTY\AGREEMNT\LEASE/BeachClubColony 16 —7— Packet Pg. 63 8.C.3.b ARTICLE 24 24.10 Indulgence Not, Waiver. The indulgence of either party with regard to any breach or failure to perform any provision of this Lease shall not be deemed to constitute a waiver of the provision of any portion of this Lease at either the time the breach or failure occurs or anytime throughout the term of this Lease. ARTICLE 25 25.01 Notices. Any notices submitted or required by this Lease shall be sent by registered or certified mail and addressed to the parties as follows: To the County: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With a copy to: Utilities St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 With a copy to. - St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 To the Lessee: Beach Club Colony On the Ocean, Inc. Box 6028 Jensen Beach, FL 34957 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. ARTICLE 26 26.01 Interpretation; Venue. This Lease constitutes the entire agreement between the parties with respect to subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Lease maybe amended only by written document, properly authorized, executed and deliverable by both parties hereto. This Lease shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Lease, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. Waiver of any breach shall not constitute waiver of any other breach invalidation of any portion of this Lease shall not automatically invalidate the entire Lease. ARTICLE 27 27.01 Conflict Of Interest. The Lessee represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes and as may be amended from time to time. The Lessee further represents that no person having any interest shall be employed for said performance. S:BATTY\AGREEMNT\LEASE/BeachClubColony 16 —8— Packet Pg. 64 8.C.3.b The Lessee shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance that may influence or appear to influence the Lessee's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective Business association, interest or circumstance, the nature of Work that the Lessee may undertake and request an opinion of the County whether the association, interest or circumstance would, In the opinion of the County, constitute a conflict of interest if entered by the Lessee. The County agrees to notify the Lessee of its opinion by certified mail within thirty (30) days of receipt of notification by the Lessee. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Lessee, the County shall so state in the notification and the Lessee shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the under the terms of this Lease. ARTICLE 28 28.01 Mediation. in the event of a dispute between the parties in connection with this Lease, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed by their appropriate officials, of the date first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN WITNESSES: r S:IAMT ACRE€MNT\LEA,SE/S�ichClubColony ,6 —9— APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY BEACH CLUB COLONY ON THE OCEAN, INC. Print: T306 Drive - Title: f� 1 S "Cle r) r Packet Pg. 65 8.C.3.c RESOLUTION 16-XXX A RESOLUTION ALLOWING THE BEACH CLUB COLONY ON THE OCEAN, INC., A NOT FOR PROFIT CORPORATION, THE USE OF SPACE AT THE OLD WASTEWATER TREATMENT PLANT IN BEACH CLUB COLONY FOR RECREATIONAL ACTIVITIES; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, The Beach Club Colony on the Ocean, Inc., a not for profit organization (the "Colony"), has requested the use of space at the old wastewater treatment plant in Beach Club Colony (the "Site") for the operation of recreational activities; and WHEREAS, Section 125.38, Florida Statutes requires that any not for profit organization wishing to use any real or personal property that may be owned by any county or this state or by its board of county commissioners, for public or community interest and welfare, may apply to the Board of County Commissioners for a conveyance or lease of such property; and WHEREAS, Section 125.38 further states that if it is determined by the Board of County Commissioners that such property is required for such use and is not needed for County purposes, the Board can allow the use of such property; and WHEREAS, the Colony and the County desire to make the subject Site available to the Colony for the operation of recreational activities. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida 1. The Board does hereby grant permission to Colony to use the Site for the operation of recreational activities. A sketch and description showing the location of the Site leased to the Colony is attached hereto and made a part hereof as Exhibit "A." 2. The term of this use shall begin retroactively from March 1, 2014 and continue for a term of twenty-five (25) years, unless otherwise terminated. ATTEST: After motion and second, the vote on this resolution was as follows: Commissioner Kim Johnson, Chairman XXX Commissioner Chris Dzadovsky, Vice Chairman XXX Commissioner Tod Mowery XXX Commissioner Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this day of 2016. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Packet Pg. 66 8.C.3.d RESOLUTION NO, 04-72 A RESOLUTION ALLOWING THE BEACH CLUB COLONY ON THE OCEAN, INC., A NOT FOR PROFIT CORPORATION, THE USE OF THE OLD WASTEWATER TREATMENT PLANT IN BEACH CLUB COLONY FOR RECREATIONAL ACTIVITIES; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Beach Club Colony on the Ocean, Inc., a not for profit organization (the "Beach Club"), has requested the use of site of the old wastewater treatment plant in Beach Club Colony for recreational activities; and WHEREAS, Section 125.38, Florida Statutes requires that any not for profit organization wishing to use any real or personal property that may be owned by any county or this state or by its board of county commissioners, for public or community interest and welfare, may apply to the Board of County Commissioners for a conveyance or lease of such property; and WHEREAS, Section 125.38 further states that if it is determined by the Board of County Commissioners that such property is required for such use and is not needed for county purposes, the Board can allow the use of such property; and WHEREAS, Lessee and the County desire to make the subject property available to Lessee for recreational activities. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, 1, The Board does hereby grant permission to use the site of the old wastewater treatment plant in Beach Club Colony for recreational activities. A sketch and description showing the location for the Site leased to Beach Club are attached hereto and made a part hereof as Exhibit "A". 2. The term of this use shall be for a five-year period, with a renewal for two (2) additional periods of five (5) years with Board of County Commissioners approval, unless otherwise terminated, 1 Packet Pg. 67 8.C.3.d 3. The Board further determines that there shall be an annual rental fee of ten ($10.00) dollars per year to the County for lease of the Site. After motion and second, the vote on this resolution was as follows: Chairman Paula A. Lewis AYE Vice Chairman John D. Bruhn AYE Commissioner Frannie Hutchinson AYE Commissioner Doug Coward AYE Commissioner Cliff Barnes AYE PASSED AND DULY ADOPTED this 2nd day of March 2004. '''L''° �'"•. BOARD OF COUNTY COMMISSIONERS ..151 a� ST, LUCIE COUNTY, FLORIDA Al 1. r .. .� BY+ V Chairman APPROVED AS TO FORM AND CORRECTNESS: r BY: County Attorney N ti 0 M 0 0 U c E d d M Q J C R N ti 0 6 z c 0 0 m M U ao r c E t Q 2 Packet Pg. 68 8.C.3.d EXHIBIT "A" TRACT (A) WEST OF LOT (12) LESS EAST 20 FEET BEACH CLUB COLONY, 5T. LUCIE COUNTY, JENSEN BEACH, FLORIDA G: \ATTY \RE SOLTN 12004104-72.wpd Packet Pg. 69 8.C.3.d 'b�5:06 ft. a-4 V \�1 IC�I t7 � 5.' H Q U7 r-i di II r7 va raV) (1 4 U) �-q Packet Pg. 70 %I QON q 8.C.3.d LEASE AGREEMENT THIS LEASE is made and entered into this 2nd day of March, 2004, by and between St. Lucie County (the "County") a political subdivision of the State of Florida, and Beach Club Colony on the Ocean, Inc_ (the "Lessee"), a Florida non-profit organization. WHEREAS, the County is the owner of certain real property located at the site of the old wastewater treatment plant in Beach Club Colony, and WHEREAS, Lessee is interested in utilizing the property for recreational activities; WHEREAS, Lessee and the County desire to enter into an agreement to make the subject property available to Lessee for recreational activities, and WHEREAS, the property is not currently needed for County operations. ARTICLE 1 1.01 TerM. The County, hereby leases to the Lessee for a term of five (5) years, the Site described in Article 3.01 below for recreational use of the Site noted herein, hereafter called the "Site". 1.02 Pro ject Manager The Project Manager for the County is the Utilities Director at (772) 452-1150. The Project Manager for the Lessee is JoAnn Pantano at (772) 229-3482. ARTICLE 2 2.01 Option to Renew. Provided that there has been no default of the Lease Agreement (the "Lease") by Lessee, Lessee may, by written notice to and with the approval of the Board of County Commissioners, at least two (2) months before the end of the current term, renew this Lease f or two (2) additional periods of five (5) years, upon such terms and conditions as the parties may agree. Such periods shall run consecutively so as to make this Lease continuous in its operation from the beginning to its termination, a period of fifteen (15) years. In the event that the parties do not agree on terms before the expiration of this Lease, Lessee shall have no further rights under this Lease. ARTICLE 3 3.01 Sitepescription. A sketch and description of the area of the old wastewater treatment plant in Beach Club Colony (the "Site") showing the location for the Site leased to the Lessee under this Lease is attached hereto and made a part hereof as Exhibit "A". _1_ Packet Pg. 71 I 8.C.3.d I ARTICLE 4 4.01 Lessee Responsibility. The Lessee or its subcontractors are independent contractors and are not employees or agents of the County. Nothing in this Lease shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Lessee, its employees, agents, members, officers, subcontractors, or assigns, during or after the performance of this Lease. ARTICLE 5 5.01 Compensation. Lessee shall pay an annual rental often ($10.00) dollars to the County for lease of the Site described above in Article 3.01. 5.02 Trash Removal. Lessee shall ensure that all trash and garbage is properly placed in trash containers prior to leaving the Site. 5.03 Reports and Records. The Lessee shall maintain during the term of this Lease all reports and records customarily used in this type of operation and such records as are necessary to document its activities pursuant to this Lease. All required records shall be available to the County Administrator or his designee and the County auditors at a reasonable location in St. Lucie County, Florida for a period of five (5) years after the end of any lease year. The form of all such records and reports shall be subject to the approval of the County prior to commencement of operations, and subsequent recommendations for changes, additions, or deletions. ARTICLE 6 6.01 County Approval_ The Lessee agrees that it will obtain prior written approval from the County in all of the following matters. A. Changes from originally approved specifications, signage, and graphics. D. Equipment Lessee plans to install requiring any modifications to the Site. Farther, it is understood by the Lessee that should any of the above items be disapproved, Lessee will offer alternative solutions. The County shall be allowed sixty (60) days to reach a decision in any of the above matters and failure to do so within such period shall constitute approval. 6.02 County Approval of Change- The County reserves the right with stated ,just cause to require the Lessee to change within a stated time any and all'items contained in Article 6 of this Lease it deems in need of change, despite previous approval of some. -2- Packet Pg. 72 8.C.3.d 6.03 Permitted_ Uses/Conditions. Lessee shall have the right to use and occupy the Site for recreational activities 6.04 Quality of Lge§,sme-'sServices A. The Lessee shall control the conduct, demeanor, and appearance of its off icers, members, volunteers, employees, agents, representatives, customers and patrons, and upon an objection of the County concerning the conduct, demeanor, or appearance of any such person, Lessee shall immediately take all necessary steps to correct the cause of such objections. 8. Lessee shall take good care of the Site, shall use the same in a careful manner and shall, at its own cost and expense, keep and maintain the same in constant good and substantial condition and repair, and upon the expiration of this Lease, or its termination in any manner, shall deliver said Site to the County in no worse condition than the some was at the commencement of this Lease, loss by f ire or other casualty and ordinary wear and tear only exceptions. 6.05 Sco g o Lease. The Lessee under this Lease shall only use the Site for recreational N activities. Cn LU ARTICLE 7 W 7.01 Assignment. Sublettina and Successors in Interest. Lessee shall not sublease the N ti M Site in whole or any part, or assign this Lease to any other persons or firm without first 9 obtaining the County Administrator or his designee's written approval. It is covenanted and agreed that all covenants, conditions, agreements and undertakings contained in this lease shall extend to and be binding on any respective E successors, assignees or sublease accepted by the County. Q ARTICLE 8 a� J 8.01 Alcoholic__BeveraaeE. Lessee shall not sell, give, or otherwise distribute any alcoholic beverages on County property, ti ARTICLE 9 0 9.01 Structures and Improvements_ 6 r- A. Lessee shall be solely responsible for costs and liabilities associated with the 0 design, maintenance, use, repair and operations of the Site, o a� B. Lessee shall not construct or place or cause to be constructed or placed, any structure or other improvements at the Site without the express written M approval of the County Administrator or his designee. a� E _3_ Q Packet Pg. 73 I 8.C.3.d I C. It shall be the responsibility of the Lessee to obtain and pay for any local, state, or federal permits or permissions required to construct or place any structures on the Site. 9.02 Eguipment installed by Lessee, A. All equipment, furnishing, signing, and advertising installed by the Lessee shall be in keeping with the appropriate standards of decor at the facilities and must be approved by the County prior to installation. The Lessee shall not install, remove, or replace improvements that the County may approve from time to time, Lessee shall provide to the County a certified statement by an independent Certified public Accountant setting forth the cost of such improvements and the date upon which the installation of such improvements was completed. R. Lessee agrees that all improvements provided shall meet the requirements of all applicable building, fire, pollution, and other related codes. C.." Lessee shall not alter or modify any portion the Site, the leased premises or the improvements constructed therein without f irst obtaining written approval from the County. D. Lessee shall not sell, convey, mortgage, pledge, or otherwise dispose of any of the equipment or furnishings installed on the leased premises without prior written consent of the County. 9.03 Ownership s_improvements/Equfpment. It is the intention of the parties to this Lease that all fixtures, furnishings, equipment or improvements provided by Lessee shall at the termination of the Lease become the property of the County. At the option of the County, Lessee agrees to execute and deliver a bill of sale conveying any improvements/equipment to the County within thirty (30) days from the termination of this Lease. prior to the installation of any such equipment or improvements, the Lessee shall provide the County with an invoice or other documentation of the cost of the equipment or improvements along with the manufacturer's or contractor's estimated useful life for the equipment or improvement. ARTICLE 10 10.01 Maintenance Responsibilities of Lessee. Appearance of the Site: Lessee shall, at its sole cost and expense, keep and maintain the Site in a first-class condition during the term of this Lease and any extensions thereof. Lessee shall be responsible for the maintenance of all equipment, furnishings, improvements, and fixtures used or useful at the Site. Lessee shall be responsible for the removal of all trash from the Site. Lessee shall be responsible for all ground maintenance including, but not limited to, mowing. Packet Pg. 74 I 8.C.3.d I 10.02 Damooes. Lessee shall repair all damage to the leased or non leased portions of the Site caused by the Lessee, its employees, members, officers, agents, guests or independent contractors. ARTICLE 11 11.01 Quiet En'o meet of Leased Pro e . Subject to the right of early termination, the County covenants and agrees that so long as no default exists in the performance of Lessee's covenants and agreements contained herein, Lessee shall peaceably and quietly hold and enjoy the lease Site and all parts thereof free from eviction or disturbance by the County or any persons claiming under, by or through the County, ARTICLE 12 12.01 Indemnification. To the extent of the insurance coverage set out in Article 16, Lessee agrees to indemnify and save the County (and its directors, officers, employees and agents) harmless from any liability, losses, damages, judgments, liens, expenses and costs (including, without limitation, reasonable attorneys' fees) sustained or incurred in connection with any claims, demands, suits, actions or proceedings made or brought against any such party as a result of any negligent act or omission of Lessee (or its directors, officers, employees and agents) in the performance of its obligations under this Agreement. For the purpose of this section, the term "County" shall be deemed to include the Board of County Commissioners and its agents, employees and affiliates. The Lessee hereby acknowledges that payments made under this Lease includes consideration for the indemnification provided herein. The indemnif ications contained herein shall survive the expiration or termination of the Lease. ARTICLE 13 13.01 Liability for Damage or Injury. The County shall not be liable for any damage or injury that may be sustained by any party or persons on the leased Site or connected in any way with the Lessee's operation of the Site other than damage or injury caused solely by the negligence of the County. ARTICLE 14 14.01 Damage _or Destruction of Premises. If the leased Site is partially damaged, but not rendered unusable for the purposes of this Lease, the some shall be repaired with due diligence by the Lessee at its cost and expense. ARTICLE 15 15.01 Ingress and E rgss Subject to the rules, regulations, statutes, and ordinances governing the use of the Site, Lessee, his agents, members, officers, servants, patrons and _5_ Packet Pg. 75 L I 8.C.3.d I invitees, and his suppliers of service and furnisher of materials, shall have the right of ingress and egress to and from the Site. ARTICLE 16 16,01 Insurance, The Lessee shall maintain the following insurance during the term of this Lease: The Lessee shall produce and keep in full force and effect at all times, Public Liability Coverage insurance, Comprehensive General Liability including contractual liability covering the indemnification provision agreement contained in this Lease Agreement. Coverage shall provide a combined minimum limit of One Million and 0/100 dollars ($1,000,000.00) per occurrence/$ 3,000,000 aggregate for bodily injury and property damage, and a certificate of such policies of insurance and all renewals thereof shall promptly be delivered to and held by the County. The County shall be an additional insured on the Lessee's policy of insurance. Proof of insurance must be provided to the County prior to any use of the Site by the Lessee. ARTICLE 17 17.01 Termination by County. A. The County may terminate this Lease without notice upon the occurrence of any of the following events. 1. Institution of proceedings in voluntary bankruptcy by the Lessee. 2. Institution of proceedings in involuntary bankruptcy against the Lessee if such proceedings continue for a period ninety (90) days. 3. Assignment by Lessee for the benefit of creditors. 4. Abandonment by Lessee of, and discontinuance of operations hereunder 5. Failure to maintain required insurance a. The County shall have the right to terminate this Lease after thirty (30) days written notice sent by registered or certified mail to the Lessee, of the occurrence of one or more of the following, unless the same shall have been corrected within such period. 1. Nonperformance of any covenant of this Lease and failure of the Lessee to remedy such breach. 2. The conduct of any business or the merchandising of any product or service not specifically authorized herein. 3, Determination by -County that Lessees activities on Site are causing or may cause an environmental disturbance. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. -6- Packet Pg. 76 I 8.C.3.d I 17,02 Termination by Lessee. lessee shall have the right upon thirty (30) calendar days written notice to the County to terminate this Lease at any time after the occurrence of one or more of the following events: A. Issuance by any court of competent jurisdiction of any injunction substantially restricting the, use of the Site for commercial purposes, and the remaining in force of said injunction for more than ninety (90) calendar days. 8. A breach by the County of any of the terms, covenants, or conditions contained in this Lease and the failure of the County to remedy such breach for sixty (60) calendar days after receipt of written notice sent by registered or certified mail from the Lessee of the existence of such breach. 17.03 Termination without Cause. Either party may terminate this Lease without cause upon thirty (30) days prior written notice to the other party. ARTICLE 18 18.01 Non -Discrimination. A. That Lessee for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that. 1. No person on the grounds of race, color, national origin, or sex shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 2. That in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, national origin, or sex shall be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination. 3. That the Lessee shall use the Site in compliance with all other requirements imposed by or pursuant to Title 45, code of Federal Regulations, Article 80, Nondiscrimination under programs receiving Federal Assistance. 8. That in the event of breach of any of the above nondiscrimination covenants, the County shall have the right to terminate the concession and to re-enter and repossess the Site thereon and hold the some as if said concession had never been made or issued. C. Lessee shall not discriminate against any employees or applicants for employment to be employed in the performance of the contract with respect to hiring, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of age, sex, or physical handicap (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin, or ancestry. _7_ Packet Pg. 77 L I 8.C.3.d I ARTICLE 19 19.01 Rules and, Regulations, The Lessee will observe, obey and comply with all rules and regulations adopted by the County and all laws, ordinances and/or rules and regulations of other governmental units and agencies having lawful jurisdiction, which may be applicable to Lessee's operations under this Lease. ARTICLE 20 20.01 Payment of Obliaatigns. Lessee shall pay all taxes and other costs lawfully assessed against its leasehold interest in the leased Site, its improvements and its operations under the Lease provided, however, that Lessee shall not be deemed to be in default of its obligations under this Lease for failure to pay such taxes pending the outcome of any legal proceedings instituted to determine the validity of such taxes. ARTICLE 21 21.01 Availability of Lessee's Records. Lessee shall make available to the County's Auditors anytime from Monday through Friday. inclusive, between the hours of 9:00 a.m. and 5:00 p.m. all records and other pertinent information relating to Lessee's Operations as may be required for audit purposes hereunder, as determined by the County. ARTICLE 22 22.01 InsKction _Count. The County may make periodic inspections of all of the leased premises and equipment to determine if such are being maintained in a neat and orderly condition. The Lessee shall be required to make any improvements in cleaning or maintenance methods required by the County. Such periodic inspections may also be made to determine whether the Lessee is operating in with the terms and provisions of this Lease. ARTICLE 23 23.01 Site Repairs, Alterations and Additions by the County, The County shall have the absolute right, without limitations to make any repairs, alterations, and additions to any structures and facilities at the Site, including any facilities which maybe leased under this Lease, free from any and all liability to the Lessee for loss of business or damages of any nature whatsoever. ARTICLE 24 24.01 Termination of Contract. The Lessee, within seventy-two (72) hours following the termination of this Lease, shall forthwith remove all of its personal property not acquired by the County under the terms of this Lease. Personal property as defined herein shall not Packet Pg. 78 8.C.3.d include any fixtures, equipment and improvements permanently affixed. Any personal property of lessee not removed in accordance with this Article may be removed by the County for storage at the cost of Lessee or shall constitute a gratuitous transfer of title thereof to the County for whatever disposition is deemed to be in the best interest of the County. The County shall not be liable to Lessee for the safekeeping of Lessee's personal property. Upon termination of this lease and the removal of all personal property by Lessee shall restore the Site to a neat, clean, and habitable condition. ARTICLE 25 25.10 Indulgence Not Waiver. The indulgence of either party with regard to any breach or failure to perform any provision of this Lease shall not be deemed to constitute a waiver of the provision of any portion of this Lease at either the time the breach or failure occurs or anytime throughout the term of this Lease. ARTICLE 26 26.01 Notices Any notices submitted or required by this Lease shall be sent by registered or certified mail and addressed to the parties as follows: To the County: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With a copy to: Parks and Recreation St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 To the lessee: Beach Club Colony On the Ocean, Inc. Box 6028 Jensen Reach, FL 34957 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. ARTICLE 27 27.01 Interpretation; Venue, This Lease constitutes the entire agreement between the parties with respect to subject matter hereof and supersedes all prior verbal or written Packet Pg. 79 1 8.C.3.d agreements between the parties with respect thereto. This Lease may be amended only by written document, properly authorized, executed and deliverable by both parties hereto. This Lease shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Lease, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the 5outhern District of Florida for any claims which are justiciable in federal court. Waiver of any breach shall not constitute waiver of any other breach invalidation of any portion of this Lease shall not automatically invalidate the entire Lease. ARTICLE 28 28.01 ATTOR EKa FEES AND CO5T5. In the event of any dispute concerning the terms and conditions of this Lease or in the event of any action by any party to this Lease to judicially interpret or enforce this Lease or any provision hereof, or in any dispute arising in any manner from this Lease, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. The liability of the Lessee and its surety or sureties for such fees and costs is joint and several. ARTICLE 29 29.Di CON LILT OE INTEREST. The Lessee represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conf list in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes (2002) and as may be amended from time to time. The Lessee further represents that no person having any interest shall be employed for said performance. The Lessee shall promptly notify the County in writing by certified mail of all potential conf licts of interest prohibited by existing state law for any prospective business association, interest or other circumstance that may influence or appear to influence the Lessee's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of Work that the Lessee may undertake and request an opinion of the County whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered by the Lessee. The County agrees to notify the Lessee of its opinion by certif ied mail within thirty (30) days of receipt of notification by the Lessee. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Lessee, the County shall so state in the notification and the Lessee shall, at his/her option, enter into said association, interest or circumstance and it SIM Packet Pg. 80 1 8.C.3.d shelf be deemed not in conflict of interest with respect to services provided to the County by the under the terms of this Lease. ARTICLE 30 30.01 MEDIATION. In the event of a dispute between the parties in connection with this Lease, the parties agree to submit the disputed issue or issues to a mediator for non binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certif ied mediators available f rom the Clerk of Court f or 5t. Lucie County. The f ee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed by their appropriate officials, of the date first above written. ATTEST: ` .� 1�, tin ' •� iYF •=±i�A i e�� � f4 DEPUTY C K,. WITNESSES: 64S al<6k Balm BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, IFLORIDA BY: CHAIRMAN BEACH CLUB COLONY ON THE OCEAN, INC. ✓l, ! K "., J�rC N b Print�! Pi�� Title Tres (4a40� 17IPuC4 elf1 (oln Packet Pg. 81 1 I 8.C.3.d I EXHIBIT "A" TRACT (A) WEST OF LOT (12) LESS EAST 20 FEET BEACH CLUB COLONY, ST, LUCIE COUNTY, JEN5EN BEACH, FLORIDA G: \ A TTY \RE50LTN\Z004\04-72.wpd 3 Packet Pg. 82 I 8.C.3.d I ' �5 Ob ft. Q Packet Pg. 83 . 8.C.3.e Coy}-o3-0'1, FIRST AMENDMENT TO MARCH 2, 2004 LEASE AGREEMENT THIS FIRST AMENDMENT dated this ,1 day of 4, 2009, by and between St. Luce County (the "County") and Beach Club Colony orYthe Ocean, Inc. (the "Lessee"), a Florida non-profit organization. WHEREAS, the County and the Lessee entered into a Lease Agreement on March 2, 2004, covering the site of the old wastewater treatment plant in Beach Club Colony; and. WHEREAS, the parties desire to extend the term of the Lease Agreement an additional period of five (5) years as allowed in the Lease Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Paragraph 1.01 TerM is amended to read as follows: 1.01 Term. The County hereby leases to the Lessee for a term of ten (10) years effective March 2, 2004, the Site described in Article 3,01 below for recreational use of the Site noted, herein, hereafter called the "Site". 2. Paragraph 2.01 Option to Renew is amended to read as follows: 2.01 Option to Renew. Provided that there has been no default of the Lease Agreement (the "Lease") by Lessee, Lessee may, by written notice to and with the approval of the Board of County Commissioners, at least two (2) months before the end of the current term, renew this Lease for one (1) additional period of five (5) years, upon such terms and conditions as the parties may agree. Such periods shall run consecutively so as to make this Lease continuous in its operation from the beginning to its termination, a period of fifteen (15) years. In the event that the parties do not agree on terms before the expiration of this Lease, Lessee shall have no further rights under this Lease. 5AATTY\AGREEMNT\LEA5E\8eoch Club Colony IA,wpd Page 1 of 2 Packet Pg. 84 T 8.C.3.e 3. Except as amended herein, the remaining terms and conditions of the March 2, 2004 Lease Agreement shall remain in full farce and effect. 4. This First Amendment shall be effective as of March 1, 2009. ATTEST: CAN I E � -r, BSI � 5AATTYIAGREEMNTILEA5E\Beach Club Colony 3A.wpd BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPROVED AS TO FORM AND County A BEACH CLUB COLMY ON THE OCEAN, INC. Print Name: -off Title: as-, �rP'7 ,.,,, C G O x Page 2 of 2 Packet Pg. 85 8.C.4 ITEM NO. RES-2016-54 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners JoAnn Riley, Property Acquisitions Manager Property Acquisition Division DATE: 04/05/2016 *CONSENT AGENDA\COUNTY ATTORNEY Resolution - Warranty Deed of Donation for right-of-way on Mariah Circle, North 38th Street and North 39th Street On June 18, 2014, the Planning and Development Services Director approved PDS 14-031 for a Minor Site Plan known as We Brothers Enterprise Inc. Condition four and five required We Brothers Enterprise Inc. to convey to the County the required road right-of-way for Mariah Circle (10 feet), North 38th Street (5 feet) and North 39th Street (5 feet). We have attached the Warranty Deed for your review and acceptance. PREVIOUS ACTION: June 18, 2014 - Planning and Development Services Director approved PDS 14-031 approving a Minor Site Plan to be known as We Brothers Enterprise Inc. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board accept the Warranty Deed of Donation from We Brothers Enterprise Inc., authorize the Chairman to sign the Resolution and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: Packet Pg. 86 8.C.4 Coordination/Signatures ' 'ianiie/S. McIntyre, C my ttorney 3/22/2016 updated: 3/22/2016 11:49 AM by Janet LiCausi A Page 2 Packet Pg. 87 9r. �+++� LOCATION OF RIGHT OF WAY DONATION 8.C.4.a t Z 90 DISCLAIMER st. wne C—lymaa<ea rw wazramy. ropreaenlaeun w p—My ae mtne —1,rl. aep—re— y timeliness, or W a"oF geoaata mfo—iio„ promaed herein 0 0.00750.015 0 03 f,.P49 21' The reader shprdd real rety on the Cale praridetl herein for any reason, St. Lucie County esplxd y disclaims any repro seM9hoaa and warranties, rnGuding. wrhoul Ilmaaliort. Ne implied ranlies of merchanlabillty aid fitness Im & pBrricular purpose- St. I,ude COanty Nall assume na Ilandq tor, r. Any errors, emissions, or maccuncies in me �' -'�" inlamatian provided regartlkss of how ceusetl, or 2.Any decision matle or ecUon taken or not taken by anV person in reliance upon any i�lamaliu� w dale ywnished nereuntler. Packet Pg. 88 8.C.4.b ` JOSEPH E. SMITH, CLERK OF THE CIRCUIT F—JRT SAINT LUCIE COUNTY FILE # 3969742 05n5f2014 at 01:58 PM ORD OR OWK 3646 PAGE 2582 •2585 Doc TYPO RECORDING: M-50 P DS 14-031 2 MNSP 3201"742 3 4 AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES DIRECTOR OF 5 ST. LUCIE COUNTY GRANTING APPROVAL FOR A MINOR SITE PLAN TO BE 6 KNOWN AS WE BROTHERS ENT., INC. 7 8 WHEREAS, the St. Lucie County Planning & Development Services Director has reviewed the 9 request for a Minor Site Plan submitted by Abraham Chabab, Inc. on behalf of We Brothers Ent., 10 Inc. and made the following determinations: 11 12 1. We Brothers Ent., Inc. requested a Minor Site Plan for a 6,969 square foot building and 3 three (3) storage containers (each 320 square feet in size) to be known as We Brothers Ent., 14 Inc. The subject 0.99 acre property is located at 3805 Miriah Circle and lies in the Jenkins 15 Road Overlay Zoning District. The Future Land Use is IND (Industrial) and the underlying 16 Zoning District is IL (Industrial Light). i7 18 2. The Development Review Committee has reviewed the Minor Site Plan for the proposed 19 project pursuant to Section 11,02.03 and found it to meet technical requirements of Section 20 11.02.07 of the Land Development Code and to be consistent with the general purpose, 21 goals, objectives, and standards of the St. Lucie County Comprehensive Plan. 22 23 3. Planning staff has performed a detailed analysis of the project and determined it to be 24 consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The 25 analysis is found in the Planning and Development Services Department Memorandum 26 entitled We Brothers Ent., Inc. - Minor Site Plan dated June 13, 2014. 27 28 4. The project will not have an undue adverse effect on adjacent property, the characterof the 29 neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public 30 health, safety, and general welfare. 31 32 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project 33 on the immediate vicinity through building design, site design, landscaping, and screening. 34 35 6. The project will be constructed, arranged, and operated so as not to interfere with the 36 development and use of neighboring property, in accordance with applicable district 37 regulations. 38 39 7. The property is to be served by Fort Pierce Utilities Authority water and a private septic 40 system. 41 42 8. The applicant has applied for and received a Certificate of Capacity, a copy of which is 43 attached to this order as Exhibit A, as required under Chapter V, St. Lucie County Land 44 Development Code. 45 4b NOW, THEREFORE, BE IT ORDERED: File No.: MNSP 920134671 PDS Order 14-031 June 18, 2014, 2014 Page: 1 Packet Pg. 89 8.C.4.b 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2B 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the Minor Site Plan to be known as We Brothers Ent., Inc. is hereby approved as shown on the Minor Site Plan drawings prepared by Abraham Chabab, Inc. dated June 9, 2014 and received by the St. Lucie County Planning & Development Services Department on June 16, 2014 for the property described in Paragraph B subject to the following conditions-- 1 . All manufacturing activities shall occur within the enclosed principal structure. 2. There shall be no outdoor storage of materials or equipment on the property, with the exception of vehicles and trailers that are currently licensed and operable. 3. Storage containers shall not be stacked on the property. Any additional storage units to be placed on the property require an adjustment to the Site Plan. 4. Within 90 days after receiving Site Plan approval, the applicant shall convey the required road right of way for Madah Circle(10 feet). Manner and form of conveyance shall be acceptable to the County Attorney. The sketch and legal description shall be prepared by a Florida licensed surveyor and mapper. Pursuant to Chapter 7.05.03 of the St. Lucie County Land Development Code, the applicant may be granted credits against road impact fees. 5. Within 90 days after receiving I Site Plan approval, the applicant shall convey the required road right of way easement for North 38th Street (5 feet) and 'North 391" Street (5 feet). Manner and form of conveyance shall be acceptable to the County Attorney. The sketch and legal description shall be prepared by a Florida licensed surveyor and mapper. B. The property on which this Minor Site Plan approval is being granted is described as follows SITE LEGAL DESCRIPTION: All of Lots 1, 2, 3, 4, 21 and 22, Block 2, Westwood, according to the map or plat thereof as recorded in Plat Book 6, Page 17, of the Public Records of St. Lucie County, Florida. SITE ACERAGE: 0.99 acres (more or less) TAX IDENTIFICATION NUMBERS AND ADDRESS Tax ID#'s: 2408-601-0022-000-3 and 2408-601-0023-000-0 Address: 3805 Miriah Circle C. The approvals granted by this administrative order shall expire on June 18, 2016 unless building permits are issued or an extension is granted in accordance with the provisions of Section 11,02.06 of the St. Lucie County Land Development Code. D. The developer is advised as part of this Minor Site Plan approval for We Brothers Ent., Inc., including any successors in interest, the developer shall obtain all applicable development permits and construction authorizations from the appropriate State and Federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, File No.: MNSP 920134671 POS Order 14-031 June 18, 2014, 2014 Page: 2 Packet Pg. 90 8.C.4.b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 the Florida Department of Environmental Protection, and South Florida Water Management District, and the St. Lucie County Environmental Resources and Building Departments prior to the commencement of any development activities on the property described in Part B. Issuance of this permit by the County does not in any way create any rights on the part of the developer to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of this permit if the developer fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertake actions that may result in a violation of state or federal law. E. A copy of this Order shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Planning & Development Services Director and mailed, return receipt requested to the developer and agent of record as identified on the site plan applications. F. The Certificate of Capacity, attached as Exhibit A, shall be valid for the same period as this order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. G. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective this 18th day of June, 2014. File No.: MNSP 920134671 June 18, 2014, 2014 PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Mark Safterree, AICP APPROVED AS TO FORM AND CORRECTNESS: BY PDS Order 14-031 Page: 3 Packet Pg. 91 8.C.4.c This Instrument Prepared by and Return to: Community Land Title Corporation 2400 S.E. Midport Road, Suite 214 Port St. Lucie, FL 34952 0306575C Property Appraisers Parcel Identification (Folio) Numbers: Warranty Deed SPACE: ABOVE 7HIS LINL FOR RGC'OR13IN6 OAT A THIS WARRANTY DEED, made and executed the day of , 2016 by WE BROTHERS ENTERPRISE, INC, a Florida Corporation, whose post office address is: 3805 Mariah, Circle, Fort Pierce, FL 34947, herein called the grantor, to St. Lucie County, a Political Subdivision of the State of Florida, whose post office address is: 2300 Virginia Avenue, Fort Pierce, FL 34982, hereinafter called the Grantee: (Wherever used herein the lerms "glYtnior" and "grantee" mehsde all the parfic.s 10 lhis imrmmenl and the heirs, legal represcututives and assigns of individuals, and the successors and as.ogns ofc'orpomfions) W I T N E S S E T H: That the grantor, for and in consideration of the sum of TEN AND 00/10fl'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in ST. LUCIE County, State of Florida, viz: SEE ATTACHED EXHIBIT "A" Subject to easement, restrictions, and reservations of record and to taxes for the year 2006 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining TO HAVE AND TO HOLD, the same in fee simple forever. AND, the grantor hereby covenants with said grantee that the grantors are lawfully seized of said land in fee simple; that the grantors have good and lawful authority to sell and convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all parties whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2005. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written Signed, sealed and delivered in the presence of: WE BROTHERS ENTERPRISE, INC, a Florida Corporation By Witness 41 Signature , President Printed Witness#1 Witness 42 Signature Printed Witness 92 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2016, by , President of, WE BROTHERS ENTERPRISE, INC, a Florida Corporation who is personally known to me or who has produced as identification and who did not take an oath. SEAL Notary Signature Printed Notary Name My Commission Expires: Packet Pg. 92 8.C.4.c EXHIBIT "A" Legal Description: Mariah Circle, North 381h Street and North 391h Street R/W A parcel of land lying within Section 8, T-35-S, R-40-E, St. Lucie County, Florida and also being a portion of Westwood Subdivision as recorded in Plat Book 6, page 17 of the public records of St. Lucie County Florida. Said parcel being more particularly described as follows: The North 10-feet of the Lot 1, Block 2 of Westwood Subdivision as recorded in Plat Book 6 at page 17; less the East 5-feet thereof; and Together with the East 5-feet of Lots 1, 2, 3 and 4, Block 2 of Westwood Subdivision as recorded in Plat Book 6, at page 17; and Together with the West 5-feet of Lots 21 and 22, Block 2 of Westwood Subdivision as recorded in Plat Book 6, at page 17. Said parcels containing 2,421.6 square feet more or less. Ron Harris County Surveyor Draft Prepared: January 5, 2016 Packet Pg. 93 8.C.4.d Florida, that: RESOLUTION NO. 2016-xx A RESOLUTION ACCEPTING A WARRANTY DEED OF DONATION FOR RIGHT-OF-WAY ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing Warranty Deed of Donation from We Brothers Enterprise Inc. on Mariah Circle, North 38t" Street and North 391" Street is duly accepted on behalf of St. Lucie County this 5th day of April, 2016. Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Packet Pg. 94 TO: SUBMITTED BY: AGENDA REQUEST Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney 8.C.5 ITEM NO. (ID # 3470) DATE: 04/05/2016 *CONSENT AGENDA\COUNTY ATTORNEY Request from Finance Director for BOCC Record Destruction BACKGROUND: Attached is a memorandum from Shai Francis, Finance Director, with attachments, requesting approval to destroy Board of County Commissioners records in accordance with State of Florida retention guidelines. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the destruction of the records as requested. COMMISSION ACTION: Coordination/Signatures a Heather Young, Asst. County Attorney 3/31/2016 Packet Pg. 95 8.C.5.a "�QIFMYL�D MAR 2 3 2016 COUNTYATTORNEY CLERK OF THE CIRCUIT COURT FINANCE DEPARTMENT INTEROFFICE MEMORANDUM To: Dan McIntyre, County Attorney From: Shai Francis, Finance Director -�2-- Date: March 22, 2016 Subject: BOCC Record Destruction Attached is a list of Board of County Commissioner's records to be destroyed in accordance with state of Florida retention guidelines. We appreciate your assistance in placing these items on the agenda for Board approval as required by Florida Statute 28.31. Thank you in advance for your assistance in this matter. a a� Packet Pg. 96 Files to be Destroyed by Finance Department April 2016 Retention Schedule State Required Name of Record/Contents From Item Number of Years to Destruction Item FY/CY* To FY/CY* Number Boxes Hold Date Inventory: Agency Property FY09/10 - Equipment/Machinery (1) Capital Fixed Assets Disposition Forms, Inventory Records GS1-SL (2) JE's, Balancing Reports, Other - SCANNED 2009 2010 40 1 5 10/1/2015 Disbursement Records: Detail FY09/10 LANDFILL GS1-SL Journal Entries and Reconciliations 2009 2010 1 340 1 5 1 10/1/2015 Disbursement Records: Detail FY09/10 WEBTPA Self -Insurance GS1-5L Correspondence 2009 2010 340 1 5 10/1/2015 Disbursement Records Detail GS1-SL AP - Warrant List 2009 2010 340 1 5 10/1/2015 Disbursement Records Detail GS1-SL Purchasing Card Process 2009 2010 340 1 5 10/1/2015 Disbursement Records Detail GS1-SL Purchasing Card Process 2009 2010 340 1 5 10/1/2015 Disbursement Records: Detail FY07/08 Sales Tax Reports GS1-SL JE's, Reconciliations, Filing Confirmations, Resort Tax, Electronic Filing 2007 2008 340 1 5 10/1/2013 Disbursement Recor s: Detail FY09/10 Sales Tax Reports GS1-SL JE's, Reconciliations, Filing Confirmations, Resort Tax, Electronic Filing 2009 2010 340 1 1 5 10/1/2015 GS1-SL BOCC Vouchers- Direct Deposit 2009 2010 340 5 5 10/1/2015 GS1-SL BOCC Vouchers- 10/1/09-9/30/10 2009 2010 340 26 5 10/1/2015 BOCC Wire Payments W0000581-W0000685 Web TPA10/1/09- GS1-SL 09/30/10 H5000555-H5000655 2009 2010 340 1 5 10/1/2015 GS1-SL Bank Statements -Recons. Agency Funds 2009 2010 85 1 5 10/1/2015 GS1-SL Journal Entries J2900005-J2903060 2008 2010 340 1 5 10/1/2015 GS1-SL Interest Allocations10/1/08-9/30/10 2008 2010 365 1 5 10/1/2015 Bank Statements -Recons. 09/10 Clerk: A/P, GS1-SL Operating/Payroll/Childcard/Med Flex/Fam. Sup, 2009 2010 85 1 5 10/1/2015 GS1-SL Bank Statements 2009 2010 85 1 5 10/1/2015 GS1-SL Jou rna I Entries J 2105190-J2105402 2009 2010 340 7 5 10/1/2015 GS1-SL Utilities Cash Receipts #1904- 2274 2009 2010 365 3 5 10/1/2015 GS1-SL Receipts Revenues 2009 2010 365 14 5 10/1/2015 GS1-SL Grants Recipient Capital Grants 2000, MPO, Comm Dev, Port 2000 1 2000 348 1 15 10/1/2015 GS1-SL Insurance -Retirees 2009 2010 365 2 5 10/1/2015 Capital Improvement Contracts ESC/FCT Proj. #310035 N Savannas GS1-SL Opt. for Sale and Purchase 1995 2000 64 3 15 10/1/2015 GS1-SL VAB Petitions/ PAO Evidence 2010 2010 91 1 5 10/1/2015 Inventory: Agency Property FY08/09 Inventory (1) Service Garage (2) Golf Course and other GS1-SL (3) And supporting documents 2008 2009 40 1 5 10/1/2014 Tax Deed Sale Records: Detail FY09-11 #09-742thru #11-339 GS11 Tax Deed Overbids, Sales Records & Correspondence CY/2009 CY/2011 74 1 4 10/1/2015 w U h�l • w U 1�1 • Q Packet Pg. 97 Files to be Destroyed by Finance Department April 2016 Schedule Item State Required Name of Record/Contents From FY/CY* To FY/CY* Item Number Number of Boxes Retention Yearsto Void Destruction Date GS11 Tax Deed Sale Records: Detail 5/1/2010thru 1/1/2011 #10-345 thru #11-25 Tax Deed Tax Deed Overbids, Sales Records & Correspondence CY/2010 CY/2011 74 1 4 1 10/1/2015 GS11 Tax Deed Sale Records: Detail 1/1/2011thru 3/1/2011 #11-26 thru #11-92 Tax Deed Tax Deed Overbids, Sales Records & Correspondence CY/2010 CY/20111 74 1 4 10/1/2015 GS11 Tax Deed Sale Records: Detail 3/1/2011thru 6/1/2011 #11-93 thru #11-140 Tax Deed Tax Deed Overbids, Sales Records & Correspondence CY/2010 CY/2011 74 1 4 10/1/2015 GS11 Tax Deed Sale Records: Detail 6/1/2011thru 8/1/2011 #11-141 thru #11-188 Tax Deed Tax Deed Overbids, Sales Records & Correspondence CY/2010 CY/2011 74 1 4 10/1/2015 GS11 Tax Deed Sale Records: Detail 8/1/2011thru 9/1/2011 #11-189 thru #11-228 Tax Deed Tax Deed Overbids, Sales Records & Correspondence CY/2010 CY/2011 74 1 4 10/1/2015 GS11 Tax Deed Sale Records: Detail 9/1/2011thru 9/30/2011 #11-229 thru #11-269 Tax Deed Tax Deed Overbids, Sales Records & Correspondence CY/2010 CY/2011 74 1 4 10/1/2015 GS11 Special Magistrate Recomeneded/Final Decisions V-215 thru V-1224 1222thru 1223 CY/2009 CY/2009 91 1 5 10/1/2015 Q • T c cv L U- t E O L O E C� G U 00 c a� E t v c� Q Packet Pg. 98 8.F.1 ITEM NO. (ID # 3455) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: 4113IX4is BACKGROUND: Charles Barrowclough, Lands Coordinator Environmental Resources DATE: 04/05/2016 SUN Trail - East Coast Greenway Letter of Support *CONSENT AGENDA\ENVIRONMENTAL RESOURCES The 2014 Florida Legislature authorized this SUN Trail funding through Shared -Use Non -motorized (SUN) Trail through 335.065(4), FS. An information file prepared by FDOT appears at: <http://www.dot.state.fl.us/planning/systems/SUNTrail/SUN Trail Overview 11.4.15.pdf>. The Office of Greenways (OGT) and Trails (FDEP) and Florida Department of Transportation (FDOT) are in the process of determining the next Regional Trail and Individual Trails to be funded through the SUN Trail Program. The annually re -occurring fund is to be divided into 3 Categories with 1/3 of the $25M going to each category in the Florida Department of Transportation (FDOT), 5- year work plan ($40M+): 1. Coast to Coast Trail 2. Regional Trail 3. Individual Trails The Coast to Coast Trail was predetermined to be funded under the program. The next Regional Trail to be funded will be determined by the Florida Greenways & Trails Council (FGTC) in Tallahassee on March 31st. The East Coast Greenway-Southeast Trail is one of the contenders (Indian River County - Miami - Dade). ERD Staff, in advance of the March 31st meeting requested a letter of support from the BOCC, however due to the short notice the item could not be scheduled for the regular agenda before the meeting. Following determination of the next Regional Trail, FDOT will solicit applications for the Individual Trails program. This could fund the completion of the East Coast Greenway in St Lucie County. If the East Coast Greenway Southeast Region Trail is not selected as the next Regional Trail the letter of support submitted to FDOT for the Individual Trail category. As required by the program criteria this application will be submitted by our TPO to the FDOT District Office. Packet Pg. 99 8.F.1 PREVIOUS ACTION: On July 24, 2001, the County adopted the St. Lucie County Greenways, Trails and Bikeways Preliminary Master Plan with Resolution No. 01-123. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board acceptance of the "Letter of Support" for SUN Trail funding. COMMISSION ACTION: Coordination/Signatures Amy Griffin ental Resources Division Direct 3/29/2016 (l Heather Young, Asst. County Attorney a3/30/2016 Updated: 3/29/2016 9:20 AM by Katrina Slay Page 2 Packet Pg. 100 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Kim JOHNSON CHAIRMAN DISTRICT 5 CHRIS DZADOVSKY VICE-CHAIRMAN DISTRICT 1 TOD MOWERY DISTRICT 2 PAUL.A A. LEWIS DISTRICT 3 FRANNIE HUTCHINSON DISTRICT 4 HOWARD TIPTON COUNTY ADMINISTRATOR DAN MCINTYRE COUNTY ATTORNEY MAILING ADDRESS 2300 VIRGINIA AVENUE FORT PIERCE, FL 34982 PHONE (772) 462-1408 TDD (772) 462-1428 FAX (772) 462-2131 E-MAIL ALFREDAS@STLUCIECO.ORG WEBSITE WWW.STLUCIECO.ORG March 28, 2016 Ms. Christine Small, Southeast Regional Coordinator Florida Office of Greenways and Trails Division of Recreation and Parks Florida Department of Environmental Protection Christine.smalf2dep,state.fl.us Re: SUN Trail Funding Support Dear Ms. Small: This letter is in support of the East Coast Greenway Southeast Region selection as a six -county Shared -Use Nonmotorized (SUN) Trail authorized by 2014 Trail Legislation; 335.065(4), FS. The region includes Indian River, St. Lucie, Martin, Palm Beach, Broward and Miami -Dade counties. St Lucie County (SLC) has a long, established history of leadership and strong public support for creating a comprehensive greenways and trails system connecting communities through alternate mobility opportunities. The East Coast Greenway (ECG) represents the "backbone" of the County's trail system connecting our communities to our neighboring Counties. Furthermore it is the County's mission to provide service, infrastructure and leadership necessary to advance a comprehensive network of greenways and trails that provide health, walkability, and passive recreation, a sustainable community, maintain a high quality of life, promote eco-tourism, and protect the natural environment for all our citizens. On July 24, 2001, the County adopted the St. Lucie County Greenways, Trails and Bikeways Preliminary Master Plan with Resolution No. 01-123, demonstrating a commitment to providing for the health, walkability and passive recreation in the County. Recently, SLC established a Greenways & Trails Taskforce made up of area agencies, local governments and trail and health advocates to ensure the proper implementation of the Master Plan, as well in association with our partners in the City of Ft Pierce and the City of Pt St Lucie several sections of the EGC (approx. 3 miles) have recently been completed and have been submitted to the East Coast Greenway Alliance for designation. r L 0 a a In z D LO LO M cu z r L 0 a a 4- 0 a� d J U U 0 ca is u: 00 c E R Q Packet Pg. 101 8.F.1.a Therefore, St Lucie County is committed in major efforts to satisfy the possible criteria for eligibility and selection of regional SUN Trail funding, at the same time we understand that across the six -county East Coast Greenway Southeast Region some entities are ready to satisfy some criteria ahead of others. Nonetheless, we are part of the working group comprised of government agencies and other nonprofits that will collaborate to achieve program -readiness for the entire six -county system by 2020. St Lucie County will endeavor to work with FDOT to ensure the ongoing operations and maintenance of the East Coast Greenway — Southeast Trail as trail maintenance is already provided for in the County's Environmental Resource Department operating budget. Please advise how we can further assist with this nomination. Sincerely. Kim Johnson, Chairman St Lucie County Board of County Commissioners Cc: Board of County Commissioners County Administrator County Attorney Environmental Resources Division Director r L 0 Q Q U) L Z /D/^ v! LO LO v M Packet Pg. 102 8.K.1 ITEM NO. (ID # 3433) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: DATE: 04/05/2016 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES Edward Matthews, Parks, Recreation & Facilities Director Parks, Recreation, & Facilities Bucket Truck Purchase The Parks and Special Facilities' current bucket truck is over 16 years old. This type of bucket truck typically provides 20 years of maximum useful life expectancy with regular moderate use. This particular bucket truck experiences heavy daily use and has served the County through four hurricanes and several tropical storms. For the past year the bucket truck has experienced frequent serious mechanical issues and has been in the shop over a dozen times. This has resulted in the vehicle being unavailable to the tree crew for an estimated 45 days with repair costs over $15,000. Replacement of the vehicle will help insure the continued ability to trim trees at all County properties. This bucket truck is used to trim trees at the County Administration Building, Tradition Field, St. Lucie County Courthouses, Public Defenders Office, State Attorney's Office, Health Department, Annex Buildings, Navy Seal Museum, Lincoln Park Community Center, Aquarium, Museum, Savannas Recreational Area, Fairgrounds, all county parks along with all other county facilities. PREVIOUS ACTION: Purchase of the existing bucket truck 16 years ago in 2000. FINANCIAL IMPACT: Sufficent funding is avaialble for the purchase of a Bucket Truck at $160,000, under the MSTU account 129-9910-599300-800. RECOMMENDATION: Staff recommends Board approval of the purchase of an Overcenter Aerial Device Bucket Truck in the amount of $160,000.00, for tree trimming throughout the County. COMMISSION ACTION: Packet Pg. 103 8.K.1 Coordination/Signatures ' 'ianiie/S. McIntyre, C my ttorney 3/9/2016 Updated: 3/22/2016 S:04 PM by Mark Satterlee A Page 2 Packet Pg. 104 8.K.1.a Department: park, Recreations, & Facilities IM1:8MK91:7;1111kiI1XIILVJI COUNTY F >L Q R I D A TO: Howard Tipton, County Administrator THROUGH: Asheley Hepburn, Management & Budget Director Mark Satterlee, Deputy County Administrator N FROM; Edward Matthews Department Director DATE: 3/4/2016 L Tree Crew Bucket Truck Replacement SUBJECT: Request to Purchase Capital - Y V 3 m Explanation: M The Parks and Special Facilities Division Tree Crew's current bucket truck is over 16 years old. These bucket trucks are often given a 20 year maximum useful life expectancy with regular moderate use. This particular bucket truck experiences heavy daily use and has served the County through four hurricanes and several tropical storms. For the past year our bucket truck p has been experiencing frequent serious mechanical issues and has been in the shop over a dozen times making it unavailable E to the tree crew for an estimated 45 days with repair costs over $15,000. Therefore it is the recommended that we purchase an Overcenter Aerial Device Bucket Truck for tree trimming throughout the Courtly. (Available on GSA Contract). Truck specification requirements include but are not limited to; 60' boom with 125' lower i boom articulation; 25T upper boom articulation. H If we do not replace this piece of equipment the ability to trim trees at all County properties is uncertain. This bucket truck is y uitimalely responsible for providing the tree crew with the ability to trim trees at, The County Administration Building, Tradition �[ Field, SLC Courthouses, Public Defenders Office, State Attorney's Office, Health Department, Annex Buildings, Navy Seal Museum, Lincoln Park Community Center, Aquarium, Museum, Savannas Recreational Area, Fairgrounds, all Parks and other m remaining County Facilities. is r Funding is available to purchase this truck from MSTU Fund 129. Y ao We thank you in advance for your consideration. Funds available in Account # 129 7215-564000 700 c� a Approved Not Approved El 1:1 Asheley A. Hepburn, Management & Budget Director Mark Satterlee, Deputy County Administrator Howard Tipton, County Administrator Packet Pg. 105 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2015-16 REQUEST DATE: The Parks and Special Facilities Division Tree Crews current bucket truck is over t6 years old. 'These bucket trucks are often given a 20 year maximum useful life expectancy with regular moderate use. This particular bucket truck experiences heavy daily use and has served the County through four hurricanes and several tropical storms. For the past year our bucket truck has been experiencing frequent serious mechanical issues and has been in the shop over a dozen times making it unavailable to the tree crew for an estimated 45 days with repair costs over S15,000. Therefore it is the recommended that we purchase an Overcenter Aerial Device Bucket Truck for tree trimming throughout the County. (Available on GSA Contract). Truck specification requirements include but are not limited to; 60' boom with 1250 lower boom articulation; 2500 upper boom articulation. If we do not replace this piece of equipment the abi lity to trine trees at all County properties is uncertain. This bucket truck is ultimately responsible for providing the tree crew with the ability to trim trees at, The County Administration Building, Tradition Field, SLC COIn"thOUSeS, Public Defenders Office, State Attorney's Office, Health Department. Annex Buildings, Navy Seal Museum, Lincoln Park Community Center, Aquarium, Museum, Savannas Recreational Area, Fairgrounds.. all Parks and other remaining County Facilities. Funding is available to purchase this truck from MSTU Fund 129. Q UIPMENT REQ#: EQ16-059 JACCOUNT#: 129-7215-564000-700 11 Packet Pg. 106 8.K.2 ITEM NO. (ID # 3443) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners DATE: 04/05/2016 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES Willie Redden, Regional Parks and Stadium Manager Regional Parks & Stadiums Division Waiver of Skate Park Facility Daily Rental Fees - Future 6 Helping Hand Fund Inc. Founded in 2012, Future 6 Helping Hand Fund Inc., is a private, 501(c)(3) non-profit organization dedicated to action sports programs for underprivileged and youth a risk children in St. Lucie County and surrounding communities. The organization provides free camps for kids ages 5 - 17 to learn and excel in surfing, skateboarding, wakeboarding, and self-defense. In an email, dated June 5, 2015, Future 6 requested a waiver of the facility rental fee of $605 to utilize the Skate Park on August 29, 2015, 8:00 A.M - 5:00 P.M, for its event "Lawnwood Core Jam". The total fee to rent the Skate Park, including personnel cost was $645.00. Future 6 teamed with Popcorn Skate to organize this skateboard competition to benefit their charity. In an email, dated March 15, 2016, the organization requested a waiver of fees for 25 kids to utilize the Skate Park on 4/30, 5/8, 6/25, 7/30, 8/27 and 9124 from 3:00 to 7:00pm. Future 6 will be required to provide insurance and a background check listing of all adults associated with the activity. In accordance with section 2C of the St. Lucie County Facility Use Rules and Procedures, rental fees cannot be waived unless approved by the Board of County Commissioners. Approval of the waiver is at the sole discretion of the Board of County Commissioners. PREVIOUS ACTION: The total amount of daily rental fees waived for this group at the Skate Park in prior and current fiscal years is $00. FINANCIAL IMPACT: Packet Pg. 107 8.K.2 If the fee waiver is approved, the County would forgo $159.75 in daily rental fees, once a month, totaling $958.50 for six months RECOMMENDATION: Staff recommends Board approval to waive $958.50 in daily rental fees for Future 6 Helping Hand Fund Inc. COMMISSION ACTION: Coordination/Signatures Edward Matthews, Parks, RZrea ion &WFaiti-e�sDirector 3121-�12016 iDanie, S. McIntyre, C �,tytorney 3/23/2016 updated: 3/21/2016 6:06 PM by Asheley Hepburn Page 2 Packet Pg. 108 8.K.2.a One of the guiding principles of our mission is to represent an all -encompassing alternative sports resource center. While our primary focus is to directly benefit children in our community, we believe that it takes a village to instill lasting impressions on the children we serve. The best way we have found to accomplish this task is to involve our peers in a way that imparts their individual passions into the communal goal of giving kids direct access to role models that they can identify with. When kids see an adult thoroughly engaged in an activity that follows their own interests, inspiration follows. Part of the mission of Future 6 is to not only capture the interest of children in need, but also adults in need. Many adults who want to volunteer don't, because of lack of self -identification in mainstream altruistic institutions. By providing an opportunity to volunteer time and knowledge over a wide variety of alternative sports and other activities, we hope to establish the idea that every person has within them to do something great while having a blast doing it. South Florida living is synonymous with outdoor sports. In a region dominated by sunshine and beautiful beaches it is small wonder that athletic pursuits are a way of life for many residents. With numerous state and local parks, beaches, and a mostly concrete landscape, South Florida has become a national leader in alternative sports. Future 6 Helping Hand Fund, a federally established 501(c) (03), is an idea born out of love for the thrill of alternative sports. The Future 6 organization is creating a community based safety net for at risk youth and kids with special needs who could benefit from strong mentorship and introduction to alternative athletic based programs. Founded in 2012, Future 6 (F6) has a robust record of local events and activities with support from small businesses and close community involvement. With the support from many local residents of Central Florida, Treasure Coast, South Florida and beyond, the events are largely organized and executed on a purely volunteer basis. Our programs serve as a conduit to lifelong engagement in community, physical health and mental stability. Packet Pg. 109 8.K.2.a Roll Models Skateboarding is specifically designed for underprivileged and at risk children. This program is a major benefit to its participants as it teaches one of the world's largest outdoor and fun activities, skateboarding. Confidence, excellent source of releasing stress, creating individuality, building cardio and strength, goal setting, and sociability are all major benefits of this program. Skateboarding is even proven to help with child depression. We are currently seeking a partnership with either a privately or publicly owned and managed facility to host this monthly program. Skateboarding has gained in such popularity, that more participants under the age of 18 ride skateboards (10.6 million) than played baseball (8.2 million). Skateboarding and skateparks have begun to be viewed and used in a variety of new ways to compliment academic lessons in schools, including new non-traditional physical education skateboarding programs that are used to encourage youth to have better attendance, self-discipline and confidence. This was understood to bring participants in for muscle & bone strengthening, balance and the positive impacts it can have on youth in teaching them mutual respect, social networking, artistic expression and an appreciation of the environment. The sheer number of skateboarders at 10.8 million is something special. That's roughly 3% of Americans! Of that population, 40% encompass 6-12 year olds and 30% 13-17 year olds. That's 70% of America's skateboard population under the age of 18! Future 6 aims to lead pathways to encourage kids to become or stay engaged in skateboarding by providing the necessary equipment, safety gear, mentorship, and developing partnerships with facilities both privately and government owned. Packet Pg. 110 8.K.2.a Future 6 has one simple need from Saint Lucie County, a facility that will allow us to provide basic skateboard lessons for up to 25 kids, once a month (to start). Through this grass roots program and limiting its numbers, we would gain the ability to expand the program's availability in 2017 furthering our outreach. Our surf program began in 2013 in Palm Beach County with 8 participants. We ended 2015 with an average of 43 monthly and amazing little surfers, that's over a 400% in 3 seasons. Following the same plan, we can succeed in Ft. Pierce. Teamed with Popcorn Skateboards, Future 6 was able to pack the skatepark as full as it has ever been, according to skate park locals, for a competition and benefit in August, 2015 when nobody knew who we were. By simply offering an outlet, kids from 5-17 flooded their age divisions for trophies, smiles, new friends, and a day of extraordinary "community unity". We have proven we have the marketing ability to bring kids in. We need to provide that same energy to troubled youth and redirect their focus to something that instills goals, and high fives never get old. It takes tireless years of fundraising to accomplish an inventory of complete skateboards, helmets, insurance, food and water sponsors, and CPR/1st Aid training/certifications for our volunteer team to service the demographics we aim for. All we need is place to perform. Future 6 hosted Roll Models in Orlando, FI in 2012 and 2013 with Metro Skateboard Academy and impacted over 350 children's lives over 2 years. As our mission states, the reward is as massive to our volunteer team as it is to our kids as we get to witness the greatest detail of any child in any sport, progression. Provided by F6: - Up to 25 complete skateboards - Safety gear including helmets with CPSC/ASTM Certification - General Liability to match facility requirements - Healthy snacks/hydration - First Aid trained/CPR Certified volunteer staff - Academic goal setting outreach - Local small business partnerships - Basic skateboard instruction once a month April -September What we need from SLC/Lawnwood: - Access the facility at no charge April -September, 3pm-7pm Packet Pg. 111 8.N.1 ITEM NO. (ID # 3335) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Michael Powley, County Engineer Engineering DATE: 04/05/2016 *CONSENT AGENDA\PUBLIC WORKS Midway Road Widening (Selvitz Road to S. 25th Street) - Change Order No. 2 to contract with Dickerson Florida, Inc. The County is currently improving Midway Road from Selvitz Road to 25th Street. As part of the construction, Fort Pierce Utilities Authority (FPUA) is also relocating and extending its utilities. County staff and FPUA staff have discussed the coordination of FPUA's utility relocation with the County's construction project manager. An interlocal agreement was created and executed and is attached. As this roadway is serviced by both Port St. Lucie Utilities (PSLU) and FPUA, a significant coordination effort is required. Both utilities are using our construction as an opportunity to improve and modify their infrastructure. Further, the two utilities share a potable water interconnect currently located on the southwest corner of the intersection of Midway Road and 251" Street. Both utilities wish to relocate their interconnect to the County -owned parcel of land along Midway Road. A change order modification to Dickerson's contract is necessary to assist FPUA in that effort. Attached is a Change Order form increasing Dickerson's contract by $65,000. It is important to note that FPUA's agreement does not specify an upper limit. Instead, the contribution towards our construction management costs (ten percent of construction value) are capped at $30,000. This implies a maximum construction value of $300,000. We are still well short of this figure. PREVIOUS ACTION: March 31, 2009 - County Administrator approved the Third Amendment for a time extension only. August 11, 2009 - Board approval of the Fourth Amendment with H.W. Lochner, Inc. in the amount of $226,490.35 and authorization for the Chair to sign documents as approved by the County Attorney. August 19, 2010 - County Administrator approved the Fifth Amendment for a time extension only. January 18, 2012 - County Administrator approved the Sixth Amendment for a time extension only. Packet Pg. 112 8.N.1 September 25, 2012 - County Administrator approved the Seventh Amendment for a time extension only. May 7, 2013 - Board approval of the Eighth Amendment to the Agreement (C06-04-174) with H.W. Lochner, Inc. in the amount of $228,873.92 for Midway Road (Selvitz Road to 25th Street). November 11, 2013 - Board approved the Interlocal Agreement with FPUA. September 2, 2014 - Board approval of the Locally Funded Agreement and Memorandum of Agreement with FDOT for W. Midway Road from Glades Cut-off Road to Selvitz Road PD&E Study and Resolution. October 7, 2014 - Board approved award of Bid No. 14-023 to the lowest responsive and responsible bidder, Dickerson Florida, Inc., in the amount of $15,797,303.38 for Midway Road Widening (Selvitz Road to 25th Street), Work Authorization No. 81 with Dunkelberger Engineering and Testing for Geotechnical services in the amount of $556,000 and Work Authorization No. 12 with Culpepper & Terpening for Construction Management services in the amount of $2,179,818.20. July 15, 2015 - County Administrator executed Work Authorization No. 29 in the amount of $49,990. October 20, 2015 - Board approved the First Amendment to Work Authorization No. 29 (C07-07-454) with Ardaman & Associates, Inc. in the amount not to exceed $415,965.00 for Midway Road Widening (Selvitz Road to 25th Street). FINANCIAL IMPACT: Funds are available in County Capital Transportation Bond 318-4115-563000-4118. RECOMMENDATION: Staff recommends Board approval of Change Order No. 2 to the contract with Dickerson Florida, Inc., in the amount of $65,000.00 for Midway Road Widening (Selvitz Road to 25th Street). COMMISSION ACTION: updated: 3/29/2016 2:02 PM by Linda Buchanan C Page 2 Packet Pg. 113 8.N.1 Coordination/Signatures n We t, Public Works Directo 016 4anieA. McIntyre, C my ttorney 3/23/2016 updated: 3/29/2016 2:02 PM by Linda Buchanan C Page 3 Packet Pg. 114 CHANGE ORDER 8.N.1.a ST. LUCIE COUNTY PROJECT: CHANGE ORDER NUMBER: No. 02 (name, address) County Road 712 (Midway Road) INITIATION DATE: March 3, 2016 Widening Ft. Pierce, Florida CONSULTANT'S PROJECT NO.: TO (Contractor): Dickerson Florida, Inc. ST. LUCIE COUNTY P.O. Box 910 CONTRACT NO: C14-10-509 Ft. Pierce, Florida 34954 CONTRACT DATE October 7, 2014 You are directed to make the following changes in this contract: (Additional sheet attached as Exhibit A - Yes -No-) Additional time- Part I Project Excluding Landscaping and Contract Increase (See attached Exhibit "A") The original (Contract Sum) was $ 15,797,303.38 Net change by previous authorized Change orders $ The (Contract Sum) prior to this Change order $ 15,797,303.38 The (Contract Sum) will be (increased, deGFeased or unehanged) by this Change Order $ 65,000.00 The new (Contract Sum) including this Change order will be $ 15,862,303.38 The Contract Time will be (increased, deereased OF unehanged) by ( 8 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: Substantial: July 21, 2016 Final: October 24, 2016 Funds Available: Account Number The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time of performance caused directly and indirectly from the Chanqe Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and the Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. CONTRACTOR: Dickerson Florida, Inc Contractor: P.O. Box 910, Ft. Pierce, Florida 34954 Address By: Date: ST. LUCIE COUNTY ENGINEERING By: Date: ATTEST: DEPUTY CLERK APPROVED: Public Works Department St. Lucie County Department: 2300 Virginia Avenue, Ft. Pierce, Florida 34982 Address By: Date: AUTHORIZED: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By: Chairman Date: Approved as to Form and Correctness: County Attorney Packet Pg. 115 6"01 8.N.1.b Fort Pierce Utilities Authority "Committed to Quality' 206 South Sixth Street (34950) Post Office Box 3191 Fort Pierce, Florida 34948-3191 (772)466-1600 Department: 66 - Water/WW Engineerin Board Meeting Date: 01/19/2016 Item Type: Re ular A enda Subject: Midwav Road Interconnect Relocation Recommendation: Board Submission Form 1/13/2016 POA 14-20: Approve aj use of contingency in the amount of $190,000, to fund FY 2016 Midway Road Widening Project (25th Street to Turnpike) costs not incurred in FY 2015 and additional costs to relocate the potable water interconnect with Port St. Lucie, and b) additional funding, payable to St. Lucie County, in an amount not to exceed $65,000, to relocate the interconnection. Reviewed By Attorney: Yes Funds Available From: No Funds Needed X Budgeted X Contingency Approvals: System Director: PERKINS, TIMOTHY E. Jan 12 2016 12:08PM Director of Finance: PENICK, NINA B. Jan 12 2016 _2:53PM Director of Utilities: LINDSTROM, CLAYTON W. Jan 12 2016 4:07PM Gl a U- z c as E U a r r Q Packet Pg. 116 8.N.1.b MEMORANDUM TO: Clayton W. Lindstrom, P.E., Director of Utilities THROUGH: Timothy E. Perkins, P.E., Director of W & WW Systems FROM: Valerie A. Schulte, P.E., Supervising Engineer DATE: January 13, 2016 SUBJECT: Midway Road Interconnect Relocation RECOMMENDATION: POA 14-20: Approve a) use of contingency in the amount of $190,000, to fund FY 2016 Midway Road Widening Project (25th Street to Turnpike) costs not incurred in FY 2015 and additional costs to relocate the potable water interconnect with Port St. Lucie, and b) additional funding, payable to St. Lucie County, in an amount not to exceed $65,000, to relocate the interconnection. SUMMARY/SUPPORTING INFORMATION The potable water interconnect with the City of Port St. Lucie is currently located on the southwest corner of 25th Street and Midway Road and must be relocated as part of the FDOT Midway Road widening project. It was first believed to require only a slight adjustment to the west in the same general vicinity, however the FDOT needs additional land in this area thereby making this location no longer feasible. Staff has located a better site further west for the relocated interconnect facility and is requesting to construct it utilizing the roadway contractor through the existing Interlocal agreement with St. Lucie County. The Interlocal Agreement allows for additions such as this with no amendments required. A portion of the utility work that is required for the Midway Road widening project is approved LO to be completed utilizing the roadway contractor through the existing Interlocal agreement M with St. Lucie County. Staff has no control over the scheduling of this work. Only a small portion of the budgeted work was performed in FY 2015 and the majority of the work must be completed in FY 2016. Therefore staff is requesting approval for the use of contingency to fund U- completion of the utility work at $110,000, the interconnect relocation at $65,000 and, staff r time and overhead of $15,000 for a total of $190,000. The total project cost, which includes z this amount, costs incurred through FY 2015, and the original FY 2016 budget, is projected to be $519,000. E t r r Q Page 1 of 2 Packet Pg. 117 8.N.1.b ALTERNATIVES [IF ANY]: Do not approve. This is not recommended because there is already a bid and awarded contract in place to perform the utility work and a good price has been provided to perform the relocation of the Interconnect. ATTACHMENTS: Budget Transfer Request Page 2 of 2 ,� a U- r Z C E L V fC r r Q Packet Pg. 118 8.N.1.b - Fort Pierce Utilities Authority "Committed to Quality" f_ 206 S outh Sixth Street (34950) rY Post Office Box 3191 ® Fort Pierce, Florida 3494&3191 (772)46&160D From Department Dept. No.: 66 To Department Dept. No.: 66 Budget Transfer Request - WATERAA(VV ENGINEERING Date 12-16-2015 this form shall be used to request transfers between projects. To request anew project number, please prepare a 3ost-budgeted Project/Budget Request Form. Requisition pending transfer? ❑V Yes ❑ No Requisition No. 19252 From To Account No. Description. Amount Account No. Description Amount CONTINGENCY $125,000 634316628 MI DWAY RD-TURNPIKE TO 25TH ST $125,000 CONTINGENCY $65,000 634616628 M I DWAY RD-TU RN PI KE TO 25TH ST $65,000 From Amount $190,000 To Amount $190,000 Comments: THIS PROJECT DID NOT GET STARTED LASTYEAR AND THE REPLACEMENT OF THE INTERCONNECT WILL BE ADDED TO THE WORK SCOPE AS A SHARED COST WITH PSL. APPROVALS From - Department Head C, schulte (11812016) From - Director If Different Dept. To - Department Head If Different Dept. To - Director > $10,000 Director of Utilities Capital Utility Accountant- Plant O&M Utility Accountant - GA2 Gl a LL z c as E U r Q \1 BET A1P CN ET\1 N FO RM EDIDAT M3GT020_66_3463.1 FM Packet Pg. 119 8.N.1.c C-t 3- 11- z4-53 INN �.RLOCAL AGREEMENT RELOCATION OF UTILITIES ALONG MIDWAY ROAD THIS AGREEMENT dated this J day of I �i�' 20 II - , by and between Fort Pierce Utilities Authority, a Florida municipal corporation, hereinafter referred to as the "FPUA" and ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County". WHEREAS, the FPUA has requested that the County include the FPUA's utility relocation as part of the County's project; and, WHEREAS, the County has agreed to include the FPUA's proposed utility relocation as part of the County's project subject to the terms of this Agreement, including reimbursement. NOW, THEREFORE, IT IS AGREED as follows: 1. General. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida Interlocal Cooperation Act. 2. Project Construction. The County agrees to construct the project, including the FPUA's utility relocation, contingent upon the County acquiring all the necessary strips and/or parcels of land required to construct the project and relocations within the proposed new right-of-way. If the County is not successful in acquiring all strips and/or parcels, both parties will be responsible for redesigning their portions of the project. The County further agrees the City of Port Saint Lucie's existing easement at SW corner of South 25th Street and Midway Road will need to be expanded to accommodate the relocation of the PSLUSD/FPUA interconnect, and said easement will be provided for in a separate executed agreement, mutually agreed to by all parties. 3. Utility Relocation Plans Prepared by FPUA. The plans, drawings, and specifications for the FPUA's utility relocation prepared by the FPUA shall be subject to the review and approval of the County within ten (10) business days from receipt of plans. Specifications for construction shall be in compliance with St. Lucie County, FPUA Construction Standards and Specifications, State of Florida Department of Transportation Standards and Specifications and all other appropriate regulatory standards. The FPUA agrees to provide a reproducible copy of the approved utility relocation plans and specifications to the County. Similarly, the County will provide the FPUA with 60%, 90% and 100% Project Design Drawing releases in an electronic AutoCAD format. 4. Contract Award. The County intends to bid the construction of the project, including the FPUA's utility relocation, and award the bid to a single contractor who is the lowest responsible bidder as determined by the County in accordance with the JOSEPH E. SMITH. CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY c # G Jy- _ .. ,r 11 __ 'Pt SOOK Packet Pg. 120 8.N.1.c County's bid documents. The County agrees to include the FPUA's utility relocation as a separate bid alternate in the County's bid documents so that the cost of the FPUA's relocation will be separately identified. The County agrees that the award of the contract for the bid alternate for the FPUA's utility relocation is subject to the approval of FPUA. The FPUA shall provide written notification to the County within ten (10) days after receipt of the price of the bid alternate from the lowest responsible bidder of the FPUA's decision regarding whether the price for the bid alternate is acceptable to the FPUA. If the bid alternate is not acceptable to the FPUA, then the FPUA will be responsible for retaining a contractor to perform the utility relocation within the time frame established by the County's construction engineering consultant as part of the overall project schedule. If the FPUA's utilities are not relocated within the time established by the County's construction engineering consultant, then the FPUA will be responsible for delay damages incurred by the County's Contractor. 5. Contract Administration. In the event of bid award and approval of the contract including the utility relocation, the parties agree that the County shall be the contracting agency and shall be responsible for administration of the contract. FPUA agrees to reimburse the County for the cost of constructing the FPUA's utility relocation. Additional expenditures for the utility relocation shall be subject to approval by the County and the FPUA. In processing requests for reimbursements, the County shall forward copies to FPUA of all invoices received from the County's contractor in sufficient detail for audit purposes. The FPUA shall reimburse the County within 30 days of receipt of incremental requests for reimbursement which reimbursement shall include an additional ten percent (10%) not to exceed thirty thousand dollars ($30,000.00) to reimburse the county for contracted construction engineering services, and final request for reimbursement upon receipt of all Invoicing, Approved Utility As-builts, Assignment of Warranty for said Utility Work, and a Bill of Sale consistent with the invoiced quantities and as-builts. 6. Contract Inspection. The parties agree that the County shall perform the construction inspection of the project to determine whether the Contractor has properly constructed the project in accordance with the approved plans. The parties agree that the FPUA shall be notified of all dates and times of all utility inspections and shall be present for said inspection, and that the FPUA may perform incremental inspections as deemed necessary, and shall report to the County and/or their agents any observed deficiencies as work progresses. The parties agree that the County shall provide all utility -related construction inspection reports and shop drawings to the FPUA. The FPUA and the County shall provide a representative with authority to authorize field changes. The parties agree that any field changes to the utility relocation plans shall be subject to the approval of the FPUA and the County within forty-eight (48) hours from the date that written notice of any proposed change is received. For the purpose of this Agreement, construction inspection shall include resident project services, contract administration, engineering services during construction, utility coordination, and certification by all appropriate agencies. Packet Pg. 121 8.N.1.c 7. Amendment. This Agreement may only be amended by a written document signed by both parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. 8. Notices. All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier services, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, addressed to: As to the COUNTY: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 As to the FPUA: Fort Pierce Utilities Authority P.O. Box 3191 Fort Pierce, FL 34948 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With a copy to: R.N. Koblegard, III P.O. Box 3191 Fort Pierce, FL 34948 Or to such other address as any party may designate by notice complying the terms of this Section. Each notice shall be deemed delivered: (a) on the date delivered if by personal delivery or (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 9. Filing; Effective Date. This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. Packet Pg. 122 8.N.1.c IN WITNESS WHEREOF: The parties hereto have caused the execution hereof by their duly authorized officials on the dates stated below BOARD OF COUNTY COMMISSIONERS FORT CE UTILITIES J THORITY BY: M l Chairman U��-501-s (FPUA Seal) APPROVED AS TO FORM AND CORRECTNESS::/ BY: � /// /e�� FPUA Attorney Packet Pg. 123 8.0.1 ITEM NO. (ID # 3434) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Toby Long, Director Sheriff's Office DATE: 04/05/2016 *CONSENT AGENDA\SHERIFF'S OFFICE Authorization to submit an electronic application for the 2016 State Criminal Alien Assistance Program (SCAAP) Grant. The St. Lucie County Sheriff's Office is requesting permission to submit an electronic grant application for the U.S. Department of Justice (DOJ), Bureau of Justice Assistance (BJA) 2016 State Criminal Alien Assistance Program (SCAAP) Grant. This grant is a retroactive reimbursement grant awarded to localities that incarcerate undocumented criminal aliens. The actual award amount is based on the number of inmates which fit into this category. Based on last year's data the estimated award amount of this grant is $50,098. The actual award amount will be determined by the U.S. Department of Justice. PREVIOUS ACTION: N/A FINANCIAL IMPACT: The actual amount of the grant will not be known until the award is granted. If awarded, there is no match requirement. A grant fund will be established upon approval by the Granting Agency. RECOMMENDATION: Staff recommends that the Board approve the St. Lucie County Sheriff's Office submission of the electronic application for the 2016 State Criminal Alien Assistance (SCAAP) Program Grant. COMMISSION ACTION: Packet Pg. 124 8.0.1 Coordination/Signatures n J. M s ara, Sheriff 3/22/2016 anie SW're,,t, orney 3/23/2016 Updated: 3/22/2016 2:45 PM by Katrina Slay Page 2 Packet Pg. 125 8.0.1.a Charmayne Davis From: owner-bvp-list@ojp.usdoj.gov on behalf of SCAAP <SCAAP@usdoj.gov> Sent: Wednesday, March 02, 2016 3:14 PM Subject: State Criminal Alien Assistance Program (SCAAP) FY 2016 Application Announcement Dear SCAAP Participant, The Bureau of Justice Assistance (BJA) is pleased to announce the release date of the FY 2016 State Criminal Alien Assistance (SCAAP) Program and to provide updates to the SCAAP Guidance. BJA administers SCAAP in conjunction with the Bureau of Immigration and Customs Enforcement (ICE) and Citizenship and Immigration Services, Department of Homeland Security (DHS). SCAAP provides federal payments to states and localities that incurred correctional officer salary costs for incarcerating undocumented criminal aliens. Opening Date and Deadline The OJP Grants Management System (GMS) will open on Wednesday, March 2, 2016 to accept the Fiscal Year 2016 SCAAP applications. All applications must be submitted electronically at https://grants.oip.usdoi.gov by 6:00 p.m. (e.d.t.) on April 13, 2016. Extensions or exceptions to this deadline cannot be granted. Because of the volume and complexities involved in verification of all submitted inmate data and the fact that BJA transmits this file to DHS immediately after the close of the solicitation, it is not possible for additional applicant data to be reviewed and sent to DHS after the deadline. How to Apply Enter your user name and password at the GMS site https://grants.oip.usdoi.gov. Once you have logged in, go to the Funding Opportunities link on the left hand side of the screen. Search for all Bureau of Justice Assistance grants. Locate the SCAAP solicitation after the search is complete and click on the Apply Online button. For assistance with the user name and password, please contact the GMS Helpdesk at 1-888-549-9901, option 3. For assistance with the SCAAP application please email scaap(dwsdoi.gov or call 202-353-0421 or 202-353-4411. Reporting Period The FY 2016 reporting period for inmate and salary cost data is July 1, 2014 - June 30, 2015. Salary Costs Salary cost data must be actual dollar amounts paid for correctional officers salaries during the reporting period. Correctional officer salary costs may include premium pay for specialized service, shift differential pay, and fixed -pay increases for time in service. It may also include overtime required by negotiated contract, statute, or regulation such as union agreements, contractual obligations, and required post staffing minimums. This figure should not include benefits. Total All Inmate Days The "total all inmate days" is the cumulative number of incarceration or detention days attributable to all inmates housed in the jurisdiction's facilities during the reporting period. It includes all inmates, regardless of their status, citizenship, Packet Pg. 126 8.0.1.a disposition, or length of stay, including inmates held at contract facilities. A jurisdiction can use the sum of all nightly, facility head counts for the 365 days in the reporting period. Links SCAAP Website: https://www.boa.gov/ProgramDetails.aspx?Program ID=86 SCAAP FY 2016 Guidelines: https://www.boa.gov/Funding/16SCAAP Guidelines.pdf Sincerely, SCAAP Program Team Packet Pg. 127 8.0.2 ITEM NO. (ID # 3449) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: ci inirrT- BACKGROUND: Toby Long, Director Sheriff's Office DATE: 04/05/2016 *CONSENT AGENDA\SHERIFF'S OFFICE Authorization to submit the electronic application for the 2016 Port Security Grant The St. Lucie County Sheriff's Office is requesting authorization to submit an electronic application for the U.S. Department of Homeland Security (DHS) 2016 Port Security Grant (PSGP). This grant in the amount of $250,000 will be used to enhance the security of the Port of Ft. Pierce through the Port Security Regional Enhancement Project. Funding through the DHS Port Security Grant is provided to state, local, and private sector partners to increase port -wide management, enhance awareness; training and exercised; and further capabilities to prevent, detect, respond to, and recover from attacks involving improvised explosive devices (IEDs) and other non -conventional weapons. There is a 25% inkind and/or cash match required. PREVIOUS ACTION: N/A FINANCIAL IMPACT: A grant fund will be established upon approval of the award. The 25% match requirement is included in the Sheriff's Office budget RECOMMENDATION: Staff recommends that the Board approve the St. Lucie County Sheriff's Office submission of the electronic application for the 2016 Port Security Grant offered by the U. S. Department of Homeland Security. 1:arG ►PA I -krAIRVI[GP►ViTs"IQ_LT; Packet Pg. 128 8.0.2 Coordination/Signatures n J. M s ara, Sheriff 3/22/2016 anie SW're,,t, orney 3/23/2016 Updated: 3/22/2016 2:45 PM by Katrina Slay Page 2 Packet Pg. 129 Homeland Security Fiscal Year 2016 Port Security Grant Program Overview As appropriated by the Department of Homeland Security Appropriations Act, 2016 (Pub. L. No. 114-113); and as authorized by Section 102 of the Maritime Transportation Security Act of 2002, as amended, (Pub. L. No. 107-295) (46 U.S.C. § 70107); the Port Security Grant Program (PSGP) is one of the Department of Homeland Security's (DHS) grant programs that directly support maritime transportation infrastructure security activities. The PSGP is one tool in the comprehensive set of measures authorized by Congress and implemented by the Administration to strengthen the Nation's critical infrastructure against risks associated with potential terrorist attacks. The FY 2016 PSGP provides funds for transportation infrastructure security activities to implement Area Maritime Security Plans and facility security plans among port authorities, facility operators, and state and local government agencies required to provide port security services. The FY 2016 PSGP plays an important role in the implementation of the National Preparedness System by supporting the building, sustainment, and delivery of core capabilities essential to achieving the National Preparedness Goal (the Goal) of a secure and resilient Nation. The FY 2016 PSGP's allowable costs support efforts to build and sustain core capabilities across the prevention, protection, mitigation, response, and recovery mission areas. Funding In FY 2016, the total amount of funds under this grant program is $100,000,000. The FY 2016 PSGP is focused on supporting increased port -wide maritime security risk management; enhancing maritime domain awareness; supporting maritime security training and exercises; and maintaining or reestablishing maritime security mitigation protocols that support port recovery and resiliency capabilities. PSGP investments must address U.S. Coast Guard (USCG) and Area Maritime Security Committee (AMSC) identified vulnerabilities in port security. FY 2016 PSGP Fact Sheet Packet Pg. 130 8.0.2.a Eligibility The following entities are encouraged to participate in the FY 2016 PSGP: Owners or operators of Federally -regulated terminals, facilities, U.S. inspected passenger vessels or ferries as defined in the Maritime Transportation Security Act (MTSA) and Title 33 of the Code of Federal Regulations (C.F.R.) Parts 101, 104, 105, and 106. Members of an AMSC, per 33 C.F.R. Part 103, who are recognized as such by the USCG Captain of the Port (COTP), and are required to provide port security services. Specifically, eligible applicants include port authorities, port police, local law enforcement agencies, port and local fire departments, and facility fire brigades that have jurisdictional authority to respond to incidents in the port. Certain ferry systems are eligible for FY 2016 Transit Security Grant Program (TSGP) funds. However, any ferry system receiving funds under the FY 2016 TSGP is not eligible to participate under the FY 2016 PSGP. Likewise, any ferry system participating in the PSGP is not eligible for funding under the TSGP. Funding Guidelines The FY 2016 PSGP focuses on enhancing Maritime Domain Awareness (MDA); port resilience and recovery capabilities; training and exercises; cybersecurity; enhancing Improvised Explosive Device (IED) and Chemical, Biological, Radiological, Nuclear, Explosive (CBRNE) prevention, protection, mitigation, response, and recovery capabilities; and Transportation Worker Identification Credential (TWIC) Implementation. A maximum of five percent (5%) of PSGP funds awarded may be retainable by recipients for Management and Administration (M&A) associated with the grant award. The period of performance for the PSGP is thirty-six (36) months. Application Process and Evaluation Criteria The Federal Emergency Management Agency (FEMA) conducts an initial review of all FY 2016 PSGP applications for completeness. Field -level reviews are conducted by the respective COTP in coordination with the Director of the U.S. Department of Transportation's Maritime Administration's Gateway Office and appropriate personnel from the AMSC, as identified by the COTP. Field review project scores and prioritized lists are submitted to FEMA for the national review process. The National Review Panel (NRP) convenes with subject matter experts from DHS and other Federal partners to identify a final, prioritized list of eligible projects for funding. The NRP conducts an initial review of the prioritized project listings for each port area submitted by the USCG's COTP to ensure that the proposed projects accomplish intended risk mitigation goals. The NRP validates and normalizes the Field Review COTP Project Priority List and provides a master list of prioritized projects by port area to FEMA. A risk -based algorithm is applied to the NRP's validation and prioritized lists for each port area in all groups. FEMA evaluates and validates the 2 FY 2016 PSGP Fact Sheet Packet Pg. 131 8.0.2.a consolidated and ranked project list resulting from the application of the algorithm and submits the recommendations to the Secretary of Homeland Security for final approval. PSGP Program Resources There are a variety of resources available to address programmatic, technical, and financial questions, which can assist with the PSGP. The FY 2016 PSGP Notice of Funding Opportunity is located online at: http://www;fema.gov/ rg ants as well as on http://www.grants.goov. For additional program -specific information, please contact the Centralized Scheduling and Information Desk (CSID) help line at (800) 368-6498 or AskCSID@dhs.gov. CSID hours of operation are from 9:00 a.m. to 5:00 p.m. EDT, Monday through Friday. For financial -related questions, including pre- and post -award budget administration and technical assistance, applicants may contact the DHS/FEMA Grant Programs Directorate Call Center at (866) 927-5646 or via e-mail to ASK-GMD@dhs.gov FY 2016 PSGP Fact Sheet Packet Pg. 132 8.R.1 ITEM NO. (ID # 3413) DATE: 04/05/2016 AGENDA REQUEST *CONSENT AGENDA\TRANSPORTATION PLANNING ORGANIZATION TO: Board of County Commissioners PRESENTED BY: Peter Buchwald, Executive Director SUBMITTED BY: Transportation Planning Organization SUBJECT: Federal Metropolitan Planning (PL) Final Authorization of Funding for FY 2015/2016 BACKGROUND: The St. Lucie Transportation Planning Organization (TPO) has received notification of funding from Florida Department of Transportation for the final authorization of Federal Metropolitan Planning (PL) funds in the amount of $362,295. These funds were budgeted in the second year of the Unified Planning Work Program (UPWP) for FY 2015/2016. PREVIOUS ACTION: July 15, 2014 - BOCC approval of the first authorization of PL funds for FY14/15 in the amount of $195,543. September 2, 2014 - BOCC approval of the second authorization of PL funds for FY14/15 in the amount of $86,691. February 2, 2015 - BOCC approval of the third authorization of PL funds for FY14/15 in the amount of $385,356. April 7, 2015 - BOCC approval of the fourth authorization of PL funds for FY14/15 in the amount of $101,410. July 21, 2015 - BOCC approval of the first authorization of PL funds for FY15/16 in the amount of $199,800. October 20, 2015 - BOCC approval of the second authorization of PL funds for FY15/16 in the amount of $85,905. FINANCIAL IMPACT: Since these Grant funds were anticipated in FY 16, funding is currently appropriated in the FY 16 adopted budget. Matching funds are not required. Funds are available in the TPO Metropolitan Planning (PL) grant fund (001560-1540-331130-100). RECOMMENDATION: Packet Pg. 133 8.R.1 Staff recommends Board approval of Federal Metropolitan Planning (PL) funds final authorization for FY15/16 in the amount of $362,295.00 on behalf of the St. Lucie TPO. COMMISSION ACTION: Coordination Signatures ZDanieOYS.Mcikntyre,��'nty ttorney 3/1/2016 Updated: 3/10/2016 11:16 AM by Katrina Slay Page 2 Packet Pg. 134 ue1!lodoa1aw leaapad : £6b£) 9l,0Z-560Z (-ld) uoileziaoylmy leuld ue1!iodogeW ieaapad :e•l,-N-81uewt4oe11V M W d r+ d FDOT L oL Florida Department of Transportation RICK SCOTT 3400 West Commercial Boulevard ANANTH PRASAD, P.E. GOVERNOR Fort Lauderdale, FL 33309 SECRETARY February 24, 2016 Ms. Kathryn Hensley, Chair St. Lucie Transportation Planning Organization Coco Vista Centre 466 SW Port St. Lucie Blvd, Suite 111 Port St. Lucie, FL 34953 SUBJECT: St. Lucie Transportation Planning Organization (TPO) FY 2014/2015 -- 2015/2016 Unified Planning Work Program (UPWP) FM No. 423604-2-14-01; Contract No. A5115; F.A. Program No. P1,0311 (52) Dear Ms. Hensley: The St. Lucie TPO is hereby notified of this third and final authorization to expend $362,295.00 of Federal Metropolitan Planning (PL) funds for the period from July 1, 2015 through June 30, 2016. This is the final authorization of PL funds budgeted for the 2015/2016 Fiscal Year of the UPWP. The total amount of funds authorized under this UPWP contract is $1,417,000.00. This authorization is subject to: ■ Provision of the required matching amounts by the TPO and the State ■ Compliance with any conditions placed on individual UPWP tasks ■ Provision of all required documentation with requisitions. Please contact Arlene Tanis at 954-777-4651 if you have questions or need additional information. Sincerely, lc�tffler-Novello, P.E. Director of Transportation Development District Four SM/yk cc: Peter Buchwald, St. Lucie TPO Antonette Adams, FDOT District Four Steve Braun, FDOT District Four Lee Calhoun, FDOT Central Office Amie Goddeau, FDOT District Four Nikye Joseph, FDOT District Four Sean Santalla, FDOT Central. Office Stacie Blizzard, FHWA www.dot.state.fl.us 9.A.1 ITEM NO. ORD-2016-5 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Heather Young, Asst. County Attorney County Attorney DATE: 04/05/2016 *PUBLIC HEARINGS\COUNTY ATTORNEY Ordinance - Extending Effective Date of Ordinance No. 15-05 Attached to this agenda item is a copy of the proposed ordinance which would further extend the effective date of Ordinance No. 15-05 from April 1, 2016 to June 1, 2016. The proposed extension will allow additional time for the City of Fort Pierce and the City of Port St. Lucie to adopt related amendments to their respective alarm ordinances. PREVIOUS ACTION: On May 19, 2015, the Board adopted Ordinance No. 15-05 which amended the alarm ordinance to provide for third party administration of permitting and false alarm collection. On September 15, 2015, the Board adopted Ordinance No. 15-013 which provided for a false alarm appeal process and extended the effective date of Ordinance No. 15-05 to April 1, 2016 in order to provide additional time for the cities to adopt related amendments to their respective ordinances. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board of adopt the proposed ordinance further extending the effective date of Ordinance No. 15-05 to July 1, 2016. COMMISSION ACTION: Packet Pg. 136 9.A.1 Coordination/Signatures Danie S. McIntyre, county ttorney 3/21/2016 Updated: 3/24/2016 8:43 AM by Heather Young Page 2 Packet Pg. 137 9.A.1.a C�]:T11�I_ji•L�i,L��•I�7S:�:1:1 AN ORDINANCE AMENDING CHAPTER 18, ARTICLE IV, (ALARM SYSTEMS), OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY EXTENDING THE EFFECTIVE DATE OF ORDINANCE NO. 15-05, AS AMENDED, TO JUNE 1, 2016; PROVIDING FOR SEVERABILITY; 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, has made the following determinations: 1. On November 17, 1982, the Board adopted Ordinance No. 87-44 which created Chapter 1-2.5, "Alarm Systems", of the St. Lucie County Code of Ordinances and Compiled Laws, to establish standards and regulate intrusion, holdup, and other emergency signals from alarm users which require law enforcement and fire/rescue response or investigation. 2. On August 24, 1999, the Board adopted Ordinance No. 99-10 which amended Chapter 1-2.5 to clarify and strengthen the regulation of alarm systems in the County in order to better serve the residents of the County through more efficient use of law enforcement and fire/rescue services. 3. On August 12, 2014, the Board adopted Ordinance No. 14-020 which amended and recodified the St. Lucie County Code of Ordinances, including the recodification of Chapter 1-2.5 as Article IV (Alarm Systems) of Chapter 18, (Emergency Management and Emergency Services). 4. On May 19, 2015, the Board adopted Ordinance No. 15-05 which further amended Article VI of Chapter 40 of the St. Lucie County Code of Ordinances to ensure consistency with the requirements of state law and to provide for a more efficient means of processing alarm system permit applications and collecting false alarm charges effective October 1, 2015. 5. On September 15, 2015, the Board adopted Ordinance No. 15-013 which further amended Article VI of Chapter 40 of the County Code of Ordinances to provide for appeal of a false alarm determination and fine and extend the effective date of from October 1, 2015 to April 1, 2016 in order to allow the additional time for the local municipalities to complete adoption of similar amendments to their respective alarm system ordinance. 1 Underlined passages are added. St r --- e1g passages are deleted. Packet Pg. 138 9.A.1.a 6. In order to further allow additional time for the local municipalities to complete adoption amendments to their respective alarm system ordinances, it is necessary to further amend Ordinance No. 15-05 to extend the effective date from April 1, 2016 to June 1, 2016. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, as follows: PART A. Part M (Effective Date) of Ordinance No. 15-05 is amended to read as follows: PART M. EFFECTIVE DATE. Ordinance No. 15-05 shall take effect on April 1 June 1, 2016. PART B. 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 C. 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 D. EFFECTIVE DATE. This Ordinance shall take effect on April 5, 2016. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Kim Johnson, Chairman XX Chris Dzadovsky, Vice Chairman XX Commissioner Tod Mowery XX Commissioner Paula A. Lewis XX Commissioner Frannie Hutchinson XX PART F. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. 2 Underlined passages are added. Str --- E1g passages are deleted. Packet Pg. 139 9.A.1.a PASSED AND DULY ADOPTED this XX day of XX, 2016. ATTEST: Deputy Clerk 3 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Underlined passages are added. Str --- E1g passages are deleted. Packet Pg. 140 10.A.1 ITEM NO. RES-2016-55 TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney DATE: 04/05/2016 *REGULAR AGENDA\COUNTY ATTORNEY Resolution - Supporting the Repeal of Certain Special Acts Regarding Fishing, Spearfishing and Skin Diving Attached is a letter with enclosures dated November 1, 2012 and a letter with enclosures dated July 12, 2013 from Quilla Miralia, Esq., Assistant General Counsel for the Florida Fish and Wildlife Conservation Commission ("FWC"). The FWC is requesting that the Board adopt a resolution asking the FWC to repeal certain special acts referenced in the letter. FWC staff believes that the existing state laws and regulations are adequate to conserve and protect marine fisheries in the state. Also attached is a draft resolution which, if adopted, would support the repeal of the special acts set out in the memorandum. The Board previously discussed this issue at the March 8, 2016 informal meeting. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board adopt the resolution as drafted and authorize the Chairman to sign the resolution. COMMISSION ACTION: Packet Pg. 141 10.A.1 Coordination/Signatures Danie S. McIntyre, county ttorney 3/21/2016 Updated: 3/14/2016 11:40 AM by Stephanie Bush Page 2 Packet Pg. 142 10.A.1.a Florida Fish and Wildlife Conservation Commission Commissioners Kenneth W. Wright Chairman Winter Park Kathy Barco Vice Chairman lacksonviNe Ronald M. Bergeron Fort Lauderdale Richard A. Corbett Tampa Allese P. "Liesa" Priddy Immokalee Charies W. Roberts III Tallahassee Brian S. Yablonski Tallahassee Executive stalf Nick Wiley Executive Director Greg Holder Assistant Executive Director Karen Ventimiglia Chief of Staff Legal Office: Bud Vielhauer General Counsel (850)487-1764 (850)487-1790 FAX Managing fish and wildlife resources for their long-term well-being and the benefit of people. 620 South Meridian Street Tallahassee, Florida 323994600 Voice: (850) 488-4676 Hearing/speech-im palred: (800) 955-8771(T) (800) 955-8770 (V) MyFWC.com November 1, 2012 Daniel S. McIntyre St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 Dear Mr. McIntyre, COUNT 4' ATTORNEY I am writing because the Florida Fish and Wildlife Conservation Commission is attempting to review Special Acts of Local Application that became rules of the Commission in 1983 by act of the legislature in Chapter 83-134, Laws of Florida. These Acts relate to fishing activities and, for the most part, prohibit certain activities specific to an area. Several of these acts apply to your county, which I have attached. When practicable, the Commission attempts to regulate species and gear on a statewide level in order to maintain consistency and fairness. While the Commission has exclusive Constitutional authority to regulate fishing, except for the limited ability of a local government to regulate hunting and fishing from its property for health and safety purposes, the Commission has followed the practice of only modifying or repealing these special acts of local application upon request by a County via resolution asking the Commission to do so. However, the Commission and many of its stakeholders have an interest in ensuring that these Special Acts continue to meet the needs of the citizens of the State and its resources. I would appreciate if you could take a critical look at the attached Special Acts and, if necessary, take a request for revision or repeal to your County Commission. The Commission is likely to take action to update these rules in the near future, and so is requesting input now. Please feel free to contact me with any questions you may have. I anticipate there will be many, particularly in regards to comparisons between the old Special Acts and current statewide regulation. I look forward to hearing from you. Sincerely, Quilla Miralia Assistant General Counsel Enclosure r t � V Packet Pg. 143 10.A.1.a ST. LUCIE COUNTY CH. 8187 (1919). CH. I I i 18 (1925). CH. 31234 (1955). CH. 57-1791, CH. 68-102. CH. 8187 (1919). An act prohibiting the taking and catching of fish with haul seine or drag net in the salt and fresh waters of St. Lucie County, Florida; prohibiting the use of said haul seines or drag nets in said waters; prohibiting the sale or shipment or the possession for sale or shipment of any fish caught or taken with a haul seine or drag net in violation of this act, and providing penalties for the violation of this act, and providing for the seizure and destruction of haul seines and drag nets used in violation of this act. Section 1. It shall be unlawful for any person, firm or corporation to take or catch any fish with a haul seine or drag net in any of the salt or fresh waters of the county of St. Lucie in the State of Florida. Section 2. It shall be unlawful for any person, firm or corporation to use, set, put, float, drag, haul or maintain any haul seine, or drag net in any of the waters described in section I of this act. Section 3. it shall be unlawful for any person, firm or corporation to sell or ship or have in their possession for sale or shipment any fish caught or taken with a haul seine or drag net from the waters described in section I of this act. Section 4. It shall be unlawful for any person, firm or corporation to ship or transport or to receive for shipment or transportation any fish taken or caught with a haul seine or drag net from the waters described in section I of this act. Section 5. Any person, firm or corporation violating any of the provisions of this act shall be punished as prescribed and provided for in the general law for punishment of misdemeanors. Section 6. Any haul seine or drag net set, put, floated, dragged, hauled, found or maintained in or upon any of the waters in section I of this act is hereby declared to be and is a public nuisance and may be abated according to law. Editor's Note: This act became a rule per L.1983 ch. 134. CH. I1118 (1925). An act to prevent net and trap fishing in the fresh and salt water canals in St. Lucie County, Florida, and to prohibit fishing with nets or traps within one hundred yards of any bridge, dock or pier in St. Lucie County. Packet Pg. 144 10.A.1.a Section 1. It shall be unlawful for any person, firm or corporation to set, fish or cause to be fished in the fresh and salt water canals in St. Lucie County, Florida, any seine, gill net or any other kind of net for the purpose of taking or catching any fresh or salt water fish. Section 2. It is unlawful for any person, firm or corporation to set, fish or place in the water within one hundred yards of any bridge, dock or pier in St. Lucie County any net or trap except common dip nets, cast nets, bait nets or seines not over fifty feet long used only for the catching of bait. Violation of this act shall constitute a misdemeanor. Section 3. Anyone found guilty of violating any of the provisions of this act shall be deemed guilty of a misdemeanor and shall be fined as provided by law. Editor's Note: Chgd. by L.1963 ch. 1866. This act became a rule per L.1983 ch. 134. CH. 31234 (1955). An act to prohibit the use of all drag seines, bank nets, stop nets, or fish nets of any kind in the waters of Fabers Cove in St. Lucie County, Florida; providing this act to become effective when ratified at a referendum herein provided for. Section 1. It shall be unlawful to use any drag seines, bank nets, stop nets, or fish nets of any kind in the waters of Fabers Cove in St. Lucie County, Florida. Section 2. Whoever shall violate any of the provisions of this act shall, upon conviction thereof, be deemed guilty of a misdemeanor and punished as provided by law. Editor's Note: This act gained voter approval on November 6, 1956, This act became a rule per L.1983 ch. 134. CH. 57-1791, An act defining "spear fishing" and "salt water fish" and prohibiting spear fishing and skin diving in certain areas in St. Lucie County, Florida, and providing punishment for the violation of this act. Section 1. In construing this act, the following words, terms and phrases shall have the meanings ascribed to them in this section, unless the context clearly indicates otherwise: (1) "Salt water fish" shall include all classes of pisces, shell fish, sponges and crustacea indigenous to salt water. (2) "Spear fishing" shall constitute the taking, capturing, killing, maiming, worrying or pursuing, or attempting to take, capture, kill, maim, worry or pursue all salt water fish by thrusting, throwing, jabbing, shooting, or projecting any spear, projectile, dart, arrow, gig, grain, harpoon, snatch -hook, or other implement. Section 2. No person shall at any time engage in spear fishing or skin diving in or within one thousand feet of Faber Cove in St. Lucie County, Florida, or in or within one thousand feet of the area in St. Lucie County, Florida, the boundaries of which are described as follows: Beginning at the intersection of state road no. 5 and Seaway Drive in the City of Fort Pierce; thence easterly along Seaway Drive and across the south bridge to the shore of the Atlantic Packet Pg. 145 10.A.1.a Ocean; thence northeasterly to the south side of the south jetty; thence easterly along the south side of the south jetty to the east end thereof, thence northeasterly to the last end of the north jetty; thence westerly along the north side of the north jetty to the shore of the Atlantic Ocean; thence northwesterly along the shore to a point where state road no. A -I -A if extended east would intersect the shoreline; thence westerly and southwesterly along state road no. A - I -A across Little Jim Bridge, North Beach causeway and the North bridge to state road no. 5; thence southeasterly along state road no. 5 to the point of beginning; provided, however, that spear fishing shall be permitted along the north side of the north jetty. Section 3. No salt water fish taken by means of spear fishing shall be sold, offered for sale, or purchased by any person, firm or corporation in St. Lucie County, Florida. Section 4. Violation of this act shall constitute a misdemeanor and shall be punished in accordance with law. Editor's Note: This act became a rule per L.1983 ch. 134, CH. 68-102. Section 1. As used in this act the following words shall mean: (1) SAVANNAHS the low or flooded parts of Sections 6, 7, 8, 17, 20, 28 and 29, in township 34 south, range 40 east; Sections 22, 23, 26, 35 and 36 in township 35 south, range 40 east; Sections 1, 2, 11, 12, and 13 in township 36 south, range 40 east; Sections 18, 19, 29, 30, 31 and 32, township 36 south, range 41 east and Sections 4, 5, 8 and 9 in township 37 south, range 41 east in St. Lucie County, Florida, excepting, however, the waters of the Indian River. (2) AIRBOAT any boat, sled, skiff or swamp boat pushed, pulled, or propelled by air power generated by a nondetachable motor of more than 10 horsepower. Section 2. It is unlawful for any person, except a law enforcement or conservation officer when on duty, to operate an airboat in the Savannahs in St. Lucie County, Florida. Section 3. Any person violating the provisions of this act is guilty of a misdemeanor, and upon conviction shall be punished according to law. Editor's Note: Chgd. by L.1979 ch, 560, See Brevard County ch. 5973 (1909), which act also applies to St. Lucie County. Packet Pg. 146 10.A.1.a BREVARD COUNTY CH. 5973 (1909). CH. 25705 (1949). CH. 25706 (1949). CH. 28927 (1953). CH. 30601 (1955). CH. 61-1913. CH. 63-774. CH. 63-910. CH. 65-1281. CH. 67-1 139. CH. 67-1153, CH. 75-336. CH. 79-429. CH. 80-483. CH. 87-437, CH. 94-419. CH. 5973 (1909). An act to prohibit the catching and taking of fish with haul seines or drag nets, and to prohibit the use of haul seines or drag nets in all of the salt and fresh waters of the counties of Brevard, St. Lucie, Palm Beach and Dade, situated within twenty miles west of the Atlantic coast, and north of the waters of Biscayne Bay, and to fix the penalty for the violation thereof, and to provide for the seizure and destruction of all haul seines and drag nets used in violation of this act. Section 1. It shall be unlawful for any person, firm or corporation to take or catch any fish with haul seines or drag nets in any or all of the salt or fresh waters of the counties of Brevard, St. Lucie, Palm Beach and Dade, situated within twenty miles west of the Atlantic coast and north of Biscayne Bay, in Dade County. Section 2. It shall be unlawful for any person, firm or corporation to use, set, put, float, drag or maintain any haul seine or drag net in any of the waters described in section I of this act. Section 3. Any person, firm or corporation violating any of the provisions of sections I and 2 of this act shall be punished by a fine of not less than fifty dollars and not to exceed five hundred dollars, or by imprisonment in the county jail for not less than one month and not to exceed six months, or by both such fine and imprisonment. Section 4. Any haul seine or drag net, set, put, floated, had, found or maintained in or upon any of the waters described in section 1 of this act is hereby declared to be and is a public nuisance, and may be abated and summarily destroyed by any person, and it is hereby made t he duty of each and every sheriff and game warden of Brevard, St. Lucie, Palm Beach and Dade Counties to seize, and remove, and forthwith destroy the same; and no action for damages shall lie or be maintained against any person for or on account of any such seizure and destruction. Packet Pg. 147 10.A.1.a Editor's Note: This act became a rule per L.1983 ch. 134. CH. 25705 (1949). An act regulating and controlling fishing from or on any and all public bridges in county commissioners district number two, in Brevard County, Florida, which are traversed by any vehicular traffic and prohibiting the throwing or leaving foul or dead fish on any of such bridges; to provide for the enforcement of this act and providing penalties and punishment for violation thereof, and to provide for a referendum. Section 1. That from and after the effective date of this act, the board of county commissioners of Brevard County, Florida, shall have the right and power to regulate and control fishing from or on any public bridge in commissioner's district number 2, Brevard County, Florida, which is a link and a part of any highway in said county, and which is traversed by any vehicular traffic and to that end said board of county commissioners shall have the right, power and authority to designate what portion of any bridge can be used for the purpose of fishing off said bridge, which regulation shall be by an appropriate resolution, duly adopted by said board of county commissioners and notice thereof posted on, at or near said bridge, informing the general public as to what portion of said bridge can be used for fishing, which said resolution shall also provide for the manner, means, tackle, line or equipment to be used while fishing off said bridge. Section 2. That from and after the effective date of this act, it shall be unlawful for any person, or persons, to fish in any kind or manner from or on any and all bridges in commissioner's district number 2, Brevard County, Florida, which are links and parts of any highway in said district, which are traversed by vehicular traffic, except such bridges as are now or may hereafter be provided with walkways or passageways for pedestrians, separated by proper and adequate barriers from that portion of such bridges used by vehicular traffic, except in the manner as fixed and provided by the resolution to be adopted by the board of county commissioners of Brevard County, Florida. Section 3. That from and after the effective date of this act, it shall be unlawful for any person, or persons, to throw foul or dead fish on and leave the same upon any public bridge in commissioner's district number 2, Brevard County, Florida, which is a link and a part of any highway in said district and which is traversed by any vehicular traffic. Section 4. In the event the board of county commissioners shall fail to pass the necessary resolution to put this law into effect, it shall then be mandatory on said board to adopt such resolution provided a petition is filed with said board, signed by at least ten per cent of the qualified electors who are freeholders and reside within said commissioner's district number 2, requesting said board to call a special election to be held in said district on a date fixed by said board, which date can be on the same dates that any primary, general or other special election is held in said district, which said special elections shall be conducted in the same manner as by law, provided for holding special elections in the State of Florida. And if a majority of the votes cast in said special elections shall be in favor of this act becoming effective, then it shall be the duty of the said board of county commissioners to adopt its resolution as provided herein. All qualified electors who, on said date, are qualified to vote in any primary, general or special election, shall be qualified to vote in said special election. Packet Pg. 148 10.A.1.a Section 5. Any person, or persons, violating any of the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not to exceed $100.00, or by imprisonment in the county jail of Brevard County, Florida, for a term not to exceed 60 days, or by both such fine and imprisonment in the discretion of the court. Section 6. Before any action is taken by the board of county commissioners of Brevard County regarding state maintained bridges under the provisions of this act, such board shall secure the approval of the state road department. Section 7. This act shall become a law immediately upon its passage and its approval by the governor, or become a law without such approval and shall take effect immediately after the board of county commissioners of Brevard County, Florida, has adopted an appropriate resolution, naming the bridge, or bridges, on which fishing shall be regulated or prohibited; the manner and method in which fishing shall be regulated, which said resolution shall specifically name the bridge on which fishing is prohibited and the bridge on which the throwing or leaving foul or dead fish is prohibited by this act. Notice of the adoption of such resolution by said board of county commissioners shall be posted on, at or near said bridge Where fishing therefrom is regulated or controlled and the throwing or leaving foul or dead fish thereon is prohibited. Editor's Note: This act became a rule per L,1983 ch. 134. CH. 25706 (1949). An act relating to the taking of shrimp in Brevard County, Florida; providing that shrimp may be taken during closed season for personal use only; providing for method of taking; and repealing conflicting laws. Section 1. It is unlawful to take shrimp from the salt waters of Brevard County during the closed season; provided, however, the taking shall be by dip net or hand net only. Provided further, such shrimp shall be taken for personal use only. Editor's Note: This act became a rule per L.1983 ch. 134. CH. 28927 (1953). An act prohibiting the taking of fish from certain salt waters in Brevard County, Florida, with any seine, gill net, pocket net, or other kind of net, except cast net or bait net, and providing for a penalty. Section 1. It shall be unlawful and punishable as a misdemeanor for any person to take fish from the following named salt waters in Brevard County, Florida, to -wit: That portion of the Port Canaveral barge canal which lies between the west and east shores of Merritt Island; the waters lying within the diked area of Port Canaveral, and the waters of the ship channel from the turning basin of Port Canaveral to the waters of the Atlantic Ocean with any seine, gill net, pocket net, or any other kind of net, except a cast net or bait net not exceeding fifty foot in length. Editor's Note: This act became a rule per L.1983 ch. 134. Packet Pg. 149 10.A.1.a CH. 30601 (1955). An act making it unlawful, and a misdemeanor punishable by fine or imprisonment in the county jail of Brevard County, Florida, or both, for any person or persons guilty of setting, laying out or drifting any net commonly used to take fish in Sebastian Inlet or within one mile of said inlet in Brevard County, Florida; providing exception of cast nets when thrown by hand, and bait seines for catching baits as now authorized by law; repealing all laws and parts of laws in conflict herewith, and providing an effective date of this act. Section 1. It shall be unlawful for any person or persons to set, lay out or drift any net commonly used to catch fish in Sebastian Inlet in Brevard County, Florida. Section 2. It shall be unlawful for any person or persons to set, lay out or drift any net commonly used to catch fish within one mile measured from the center running east to west of Sebastian Inlet in Brevard County, Florida. Section 3. The prohibited area referred to in sections one and two of this act may be designated or defined with posts, signs or markers by the board of commissioners of Sebastian Inlet district, but failure to do so shall be no excuse or defense to any prosecution hereunder. Section 4. Any police officer of Brevard County, Florida, and any officer of the Board of Conservation and the Game and Fresh Water Fish Commission of the State of Florida are hereby expressly authorized to enforce the provisions of this act. Section 5. Cast nets, when thrown by hand, and bait seines for catching bait authorized to have not to exceed three -fourths inch mesh and not more than eighty feet long, are hereby expressly excepted and exempted from all of the provisions of this act. Section 6. Anyone violating the provisions of this act shall be guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars or imprisoned in the county jail of Brevard County, Florida, not more than six months, or both fine and imprisonment in the discretion of the court. Editor's Note: This act became a rule per L.1983 ch. 134. CH. 61-1913. An act relating to Brevard County; prohibiting spearing of fish from motor boats; providing a penalty and an effective date. Section 1. It shall be unlawful for any person or persons to take or attempt to take any fishes by spearing, harpooning or by the use of any gig, spear, sharpened rod or other pointed projectile, in the waters of Brevard County, when such instrument is used from a boat powered by one or more engines or motors or from any other floating conveyance so propelled. Section 2. It shall also be unlawful for anyone to aid, abet, or assist in the taking or attempted taking of fishes by such methods as those prohibited in section 1. Packet Pg. 150 10.A.1.a Section 3. Nothing in this act shall be construed as affecting or prohibiting the spearing of fishes, when such gigging or spearing is accomplished without the aid of a boat powered by one or more engines or motors. Section 4. Any person, firm or corporation violating the provisions of this act shall be guilty of a misdemeanor. Editor's Note: This act became a rule per L,1983 ch. 134. CH. 63-774. An act relating to fishing in the Sebastian River; making unlawful the taking of fish by certain specified means, providing exception; providing effective date. Section 1. It is unlawful for any person, persons, firm or corporation to place, net, fish or cause to be fished, with any net or nets in the Sebastian River or any of its tributaries, or to possess any nets or net in or upon the Sebastian River or any of its tributaries, west of a point sixteen hundred feet west of the Florida East Coast Railway Bridge, except that it shall be permissible to use a common cast net for the purpose of catching salt water fish. Editor's Note: This act became a rule per L.1983 ch, 134. This act also applies to Indian River County. CH. 63-910. An act relating to the prohibition of commercial seining in Sebastian Inlet lying within Indian River and Brevard Counties; providing an effective date. Section 1. It is unlawful for any person to set, lay out or drift any net commonly used to catch fish in Sebastian Inlet in Indian River and Brevard Counties. Section 2. It is unlawful for any person to set, lay out or drift any net used to catch fish in waters lying within Indian River or Brevard Counties less than one mile from the intersection of the Indian River-Brevard County line with the center line of the right of way of highway A I A as designated by state road department project #88070-3501. Section 3. The prohibited area referred to in sections I and 2 of this act may be designated or defined with posts, signs or markers by the board of commissioners of Sebastian Inlet district, but failure to do so shall be no excuse or defense to any prosecution hereunder. Section 4. Any police officer of Indian River or Brevard County, and any officer of the Board of Conservation and the Game and Fresh Water Fish Commission of the state are expressly authorized to enforce the provisions of this act. Section 5. Cast nets, when thrown by hand, and bait seines for catching bait, authorized to have mesh not to exceed three -fourths inch stretch and in length, not more than eighty feet, are hereby expressly excepted and exempted from all of the provisions of this act. Packet Pg. 151 10.A.1.a Section 6. Any violation of this act shall constitute a misdemeanor. Editor's Note; This act became a rule per L.1983 ch. 134. CH. 65-1281. An act relating to Brevard County, spearfishing and skin diving; authorizing the board of county commissioners of Brevard County to adopt, promulgate and enforce rules and regulations concerning spearfishing and skin diving in the area within one thousand (1,000) yards of artificial reefs in the Atlantic Ocean within the jurisdiction of Brevard County; providing the method of procedure; Providing that violation of any rules or regulations is a misdemeanor; providing an effective date. Section 1. For the purpose of promoting the health, safety, morals and general welfare of the residents of Brevard County, the board of county commissioners is authorized to adopt, promulgate and enforce rules and regulations concerning spearfishing and skin diving in the waters of the Atlantic Ocean within one thousand (1,000) yards of any artificial reef now placed in the Atlantic Ocean or to be placed in the Atlantic Ocean within three (3) miles of the Brevard County coast line. Section 2. The board of county commissioners is authorized to establish by resolution rules and regulations concerning skin diving and spearfishing within one thousand (1,000) yards of artificial reefs, including prohibition of all skin diving and spearfishing in any such area. However, no such regulation or rule shall be effective until after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days notice shall be given by publication in a newspaper of general circulation published in Brevard County. The notice shall contain the time and place of the hearing and shall generally inform the reader of the proposed action. At the hearing all persons interested shall be heard for or against the rule or regulation and shall receive the consideration of the board of county commissioners. The hearing may be continued from time to time until final rules or regulations are adopted. Section 3. The violation of any rule or regulation adopted under this act is a misdemeanor and shall be punishable as provided by law. Editor's Note: This act became a rule per L 1983 ch. 134. CH. 67-1139, An act relating to Brevard County; authorizing the board of county commissioners to adopt rules and regulations governing the seining of fish in artificially -created canals dedicated for public use or owned by any public agency or body; exempting municipalities unless adopted by governing board; providing that violation is a misdemeanor; providing for an effective date. Section 1. Grant of power. For the purpose of promoting the health, safety, morals and general welfare of the community, the board of county commissioners of Brevard County is hereby authorized and empowered to adopt rules and regulations governing the taking or catching of fish by means of seines or drag nets in the waters of any artificially -created canals dedicated for public use or owned by any public agency or body; provided that such Packet Pg. 152 10.A.1.a regulations shall be effective within the corporate limits of any municipality only upon the resolution of the governing body thereof. Section 2. Penalty. Any person, firm, corporation or other group or body who should violate any of the rules and regulations promulgated under the authority of this act shall be guilty of a misdemeanor. Editor's Note: This act became a rule per L,1983 ch. 134. CH. 67-1153, An act relating to Brevard and Indian River counties, surfboard riding and water skiing; prohibiting surfboard riding and water skiing in or near the Sebastian Inlet; making violation a misdemeanor; providing an effective date. Section 1. It is unlawful for any person to engage in surfboard riding or water skiing or to assist another person to engage in water skiing in or within two hundred (200) feet of the Sebastian Inlet. Section 2. Violation of this act shall constitute a misdemeanor punishable as such. CH. 75-336. An act relating to Brevard County, Florida; relating to oyster and clam conservation; regulating the taking and transportation of oysters and clams from the waters of Brevard County; placing limits on the taking and transportation of oysters and clams from the waters of Brevard County for personal consumption; providing exceptions; providing that violation is a misdemeanor; providing an effective date. Section 1. Except as provided in Section 2 of this act, for the purpose of rehabilitating and conserving oyster and clam cultures in Brevard County, no person, firm or corporation, within a twenty-four (24) hour period, shall take, possess, ship, transport or otherwise carry by public or private carrier, vehicle or water vessel, within or without the limits of Brevard County, whether over the land, on water, or in the air, oysters or clams in excess of two (2) bushels, measured in the shell, per person or four (4) bushels per public or private carrier, vehicle or water vessel regardless of the number of persons within such private or public carrier, vehicle or water vessel, for personal consumption during open season designated by law for taking oysters or clams. Section 2. Section I of this act shall not apply to a certified wholesale or retail dealer or those employed by such wholesale or retail dealer or persons serving such wholesale or retail dealer in the transportation of oysters and clams taken lawfully and in lawful amounts, by any means, directly to a licensed, certified wholesale or retail dealer or shucking house within Brevard County, Section I of this act shall not apply to the removal and transportation, by any means, of oysters and clams lawfully taken and transported from an authorized and bona fide oyster or clam lease by the holder of such lease or his authorized agent. Section 3. Any person, firm or corporation violating any of the provisions of this act shall be deemed guilty of a criminal offense and misdemeanor within the meaning of s. 775.08, Florida Statutes, and shall be punished as provided by law. Packet Pg. 153 10.A.1.a Section 4. This act shall take effect July 1, 1975, CH. 79-429. An act relating to Brevard County; prohibiting the taking or attempting to take, except by specified nets or hook and line, of fish in manmade residential saltwater canals during certain periods; providing penalties; providing an effective date. Section 1. It shall be unlawful for any person to take or attempt to take fish, except by hook and line or cast nets of six feet or less, within any manmade residential saltwater canal located in Brevard County between the hours of 1 1 p.m. and 7 a.m. Section 2. The violation of the provisions of section i is declared to be a misdemeanor within the meaning of 775.08(2), Florida Statutes, and shall be punishable as provided by law. Editor's Note: This act became a rule per L.1983 ch, 134. CH. 80-483. An act relating to the City of Cocoa Beach, City of Satellite Beach, and Town of Melbourne Beach, Brevard County; authorizing the enactment of ordinances prohibiting the taking of fish within any manmade saltwater, residential canal with certain exceptions. Section 1. The City of Cocoa Beach, City of Satellite Beach, and Town of Melbourne Beach are authorized to enact ordinances prohibiting the taking of fish from any manmade saltwater residential canal within their municipal boundaries by any means other than hook and line or cast net thrown by hand. Editor's Note: This act became a rule per L.1983 ch. 134. CH. 87-437. An act relating to Brevard County; prohibiting the taking or attempting to take, except by specified nets or hook and line, offish in certain man-made residential saltwater canals, lakes, and lagoons; providing penalties; providing an effective date. Section 11. It shall be unlawful for any person to take or attempt to take fish, except by hook and line or cast net thrown by hand, within the manmade residential saltwater canal located in Brevard County known as the "Grand Canal" or any manmade residential lake, lagoon, or canal connecting with said "Grand Canal" located between State Road 404 and State Road 3. Section 2. The violation of the provisions of section I is declared to be a criminal offense and a misdemeanor within the meaning of s. 775.08(2), Florida Statutes, and shall be punishable as provided by law. Packet Pg. 154 10.A.1.a CH. 94-419. An act relating to Brevard County; prohibiting persons from harvesting clams in certain areas of the county without a license; providing resident and nonresident license fees and a license period; prescribing eligibility for the issuance of licenses; providing for a late fee; requiring the production of a valid license upon demand; requiring display of license numbers upon vessels used; providing for the disposition of fees; prohibiting the shipping, transporting, or carrying of certain numbers of clams; providing exceptions; providing a criminal penalty; providing for civil penalties for specified violations, including fines, suspension or revocation of licenses, and forfeiture of gear and equipment; providing an effective date and an expiration date. Section 1. A person, firm, or corporation may not harvest clams of the genus Mercenaria from the saltwaters of Brevard County without a valid clam license issued by the Department of Environmental Protection and a valid saltwater products license bearing an RS endorsement. Section 2. (1) The Department of Environmental Protection shall issue a resident or nonresident clam license during a 61-day period beginning June 1 of each year, except that in 1994 the 61-day period shall begin on the effective date of this act. The term of the license begins on July 1 of the purchase year and ends on June 30 of the third succeeding year. The fee for a resident license is $300, and the fee for a nonresident license is $1,200. The license is valid only for the individual licensee to whom it is issued. The nonresident license must be readily distinguishable from the resident license. (2) Only persons who are bona fide permanent residents of this state and firms and corporations that are organized under the laws of this state are eligible for the resident license. A person, firm, or corporation that has had its license to harvest shellfish in this state or any other state suspended or revoked is ineligible for either a resident or nonresident clam license for the duration of that suspension or revocation. Proof of eligibility must be by means of an affidavit sworn to by the applicant and additional documentation that shows, to the satisfaction of the Department of Environmental Protection, that the applicant is a natural person permanently residing in this state or is a firm or corporation organized under the laws of this state. (3) A license may be purchased after the annual 61-day license issuance period upon the payment of an additional $1,200 late fee to the department. (4) Beginning June 1, 1996, no new clam licenses shall be issued by the Department of Environmental Protection until the total number of active and renewed clam licenses for Brevard County falls below 500 for the previous license year, In any year thereafter, the department may issue such additional new licenses to bring the total number of licenses issued for Brevard County up to a maximum of 500. (5) Any clam licenses not renewed within 6 months after their expiration date are not eligible for renewal until additional new licenses also become available. (6) Beginning with the 1996-1997 license year, the Department of Environmental Protection shall hold, on a semiannual basis, a required educational seminar of up to 4 hours, but not less than 2 hours, regarding harvesting, health standards, and any other issues appropriate to Packet Pg. 155 10.A.1.a the health of the clam resources and the clamming industry. Proof of attendance at one such seminar per year is required before any clam license may be renewed for the 1996-1997 license year or subsequent license years. Section 3. Each person, firm, or corporation that holds a resident or nonresident clam license must produce such license, along with a valid saltwater products license bearing an RS endorsement, upon demand of any law enforcement officer, within a reasonable period of time after the demand is made. Section 4. (1) The license required by this act may be issued in the form of an endorsement on the licensee's saltwater products license card. Each person, firm, or corporation that obtains a license under this act must prominently display the license number upon any vessel used, in numbers that are at least 8 inches in height and I inch in width and in such manner that the permit number is readily identifiable from both the air and the water. Only one vessel displaying a given number may be used at any time. (2) Any vessel used for harvesting clams in Brevard County shall have on board a portable or U.S. Coast Guard -approved marine sanitation device having a holding tank and any thru valve shut and fixed in a closed position. (3) All license holders harvesting clams by swimming at or below the surface of the water and using an underwater breathing apparatus must be certified divers. A person harvesting clams in such a manner may not use more than 150 feet of air hose and must have a diver down flag floating as close by as practical. Section 5. The proceeds from the collection of license fees or civil penalties under this act, including any late fees, are to be deposited in the Marine Biological Research Trust Fund of the Department of Environmental Protection and, less reasonable administrative and educational costs, must be appropriated for the testing and reclassification of shellfish - harvesting waters in Brevard County. A portion of the proceeds, not less than 40 percent, must be used to mark those open and closed waters of Brevard County until all such waters are so marked. An additional portion of the proceeds, not to exceed $200,000, may be used as matching funds for the construction of boat -launching facilities in various areas of benefit to and in coordination with the Brevard County clamming industry. The amount of the matching funds may not exceed 25 percent of the total projected costs of the launching facilities. Section (. (1) A person, firm, or corporation may not ship, transport, or otherwise carry by public or private carrier, vehicle, or vessel, within the limits of Brevard County, whether over the land, on water, or in the air, clams in numbers greater than those allowed by rules of the Marine Fisheries Commission. (2) Subsection (1) does not prohibit a certified wholesale or retail dealer, or any person who is employed by such wholesale or retail dealer or is serving such wholesale or retail dealer, from transporting clams, taken lawfully and in lawful amounts, directly to a licensed, certified wholesale or retail dealer or shucking house. This act does not prohibit the removal and transportation of clams lawfully taken from an authorized clam lease by the leaseholder or his authorized agent. Packet Pg. 156 10.A.1.a Section 7. Except for section 11, this act does not apply to a natural person possessing or harvesting clams in noncommercial quantities during open season designated by law or regulation. Section 8. This act shall not apply to any aquaculture operations licensed pursuant to chapter 370, Florida Statutes. Section 9. Any person, firm, or corporation that violates any of the provisions of this act is guilty of a misdemeanor of the second degree, punishable as provided in section 775.082 or section 775.083, Florida Statutes. Section tQ. (1) In addition to being subject to the other penalties provided in this act, a person, firm, or corporation that commits a major violation is subject to the following civil penalties: (a) For a first major violation within a 7-year period, a civil penalty equal to the wholesale value of the illegal clams and suspension of the clam license for 90 days. (b) For a second major violation within a 7-year period, a civil penalty of $5,000 and suspension of the clam license for 12 months. (c) For a third or subsequent major violation within a 7-year period, a civil penalty of $5,000, lifetime revocation of the clam license, and forfeiture of all gear and equipment used in the violation. (2) During any period of license suspension or revocation under this section, the licensee may not fish from any vessel that is harvesting clams. (3) The Department of Environmental Protection may bring a civil action to enforce the civil penalties prescribed in this section. (4) As used in this section, the term "major violation" includes: {a) The possession of more than one bushel of undersized clams; (b) The harvesting of clams more than 114 mile inside the boundaries of any closed area and at least 24 hours after that area has been closed; or (c) The sale of clams harvested from any waters or leases that have not been tested and are not open at the time of the harvest. Section 11. It is unlawful for any person to harvest clams in Brevard County, whether such harvesting is for private use, commercial sale, or relaying, from any submerged land that is within 75 feet of a shoreline of the Indian River or the Banana River which abuts property that is used for residential purposes or within 75 feet of any canal bank. Section 12. This act shall expire July 1, 2001. Editor's Note: Chgd. by L.1996 ch. 463, L.1998 ch. 486. Packet Pg. 157 10.A.1.b 4- 0 July 12, 2013 a a� a� Florida Fish Dan McIntire and Wildlife St. Lucie County Attorney L Conservation Commission 2300 Virginia Avenue JUL 18 2013 Q Fort Pierce, FL 34982 3 0UNTYA cn Commissioners Richard A. Corbett O Chairman Dear Mr. McIntire: Tampa O uJ Brian S. Yablonski d Vice Chairman As you know from our previous communications, the Florida Fish and Wildlife Tallahassee Conservation Commission (Commission) is reviewing special acts of local application 'UQ Fort Lauderdale Lauderda eald M. eron that became rules of the Commission in 1983 by an act of the legislature in Chapter 83-cm c Aliese P. "Liesa" Priddy 134. Attached is a memo describing the acts that are specific to your county as compared v Im rd Rivard Bo Rivard to current rules relating to the same subjects or species. This document has been created Panama City in order to assist your county's review of the special acts. M r Charles W. Roberts III N Tallahassee Kenneth W. Wright Since many of the acts are duplicative or contrary to more current and more transparent Winter Park regulation, the Commission is doing this review in order to determine which special acts should be repealed or amended and made formal rules of the Commission in Title 68, 3 Nick Wiley e staff Florida Administrative Code. v Nick Executive Director L Greg Holder Please feel free to call or email me if you have any questions about the special acts, the a Assistant Executive Director Karen Ventimiglia memo, the process, or fishing regulation in general. Chief of Staff r uJ Thank you so much for your help with this project. a Legal Office Bud Vielhauer General Counsel Sincerely, (850) 487-1764 (850) 487-1790 Quilla Miralia FAX Assistant General Counsel � O L 4- L Managing fish and wildlife l �i resources for their long-term%/ J well-being and the benefit of people. 620 South Meridian Street. (� Tallahassee, Florida 32399-1600 r a) Voice: (850) 488-4676y� `� U Hearing/speech-impaired: (800) 955-8771(T) Q (800) 955-8770 (V) MyFWC.com r ��Q Packet Pg. 158 10.A.1.b SUMMARY OF SPECIAL ACTS OF LOCAL APPLICATION ST. LUCIE COUNTY ST. LUCIE COUNTY CH. 8187 (1919) — prohibits any person, firm, or corporation from using, setting, putting, floating, dragging, hauling or maintaining any haul seine or drag net or taking or catching fish with a haul seine or drag net in any salt or fresh waters of St. Lucie County. The act prohibits selling, shipping, transporting, or receiving for shipment or transportation any fish taken or caught with a haul seine or drag net from St. Lucie waters. Comparison with general provisions: Chapter 8187 is duplicative of the gear restrictions and specifications as set out for marine fisheries in chapter 6813-4 and rules relating to freshwater fish in chapter 68A-23 of the Florida Administrative Code. Marine Rules: Rule 68B-4.0081(2)(a) prohibits the use or placement of any gill or entangling nets of any size in any State waters. Any net, other than a cast net, landing or dip net, jelly fish paired trawl, or calico scallop otter trawl with a mesh size greater than two inches stretched mesh is also prohibited. Id. R. 68B-4.0081(2)(d). With regard to nearshore and inshore Florida waters, rule 68B-4.0081(3)(a), prohibits fishing, setting, or placing in the water nets with a mesh area greater than five hundred square feet. Rule 68B-4.0083(1)(a) offers further protection of marine fish by requiring that any unwanted food fish caught with seines or nets be immediately released and returned alive to the water from which they are taken. The carriage of certain seines and nets is also regulated. The transport aboard any vessel of any seine containing more than 500 square feet of mesh area or any net, other than a cast net, with a mesh size greater than two inches stretched mesh is prohibited, unless traveling from where the vessel is regularly docked to waters where the use of the gear is legal and back to the regular docking site or to a licensed wholesale dealer where the catch is to be sold. Id. 6813- 4.0082(1). Freshwater Rules: Chapter 68A-23 of the Florida Administrative Code covers rules relating to freshwater fish. Game fish may be taken only by hook and line or rod and reel. Id. R. 68A-23.002(2). The use or possession of nets or seines is prohibited upon the fresh waters of the state, unless specifically permitted by the rules or under permit issued by the executive director. Id. R. 68A-23.002(7). Certain exceptions to the seine and net prohibition are specifically mentioned in the rules. A Packet Pg. 159 10.A.1.b minnow seine having a mesh size not greater than one inch stretched and not to exceed 20 feet in length and four feet in depth may be used to take nongame fish less than eight inches and golden shiners (Notemigonus chrysoleucas) of any size. Also, nongame fish of any size may be taken by cast nets of any mesh size in the South region. Id. R. 68A-23.002(6). Persons licensed to harvest game and nongame fish from private ponds to be used for commercial aquaculture purposes may also use seines, traps, and nets. Id. R. 68A-23.002(10). The final exception explicit in the rules allows owners of any pond less than 10 acres in size located entirely within the property of the owner, and having no surface water connections to public waters may use seines and nets to take game or nongame fish for non-commercial purposes. Id. R. 68A- 23.002(11). Section 68A-23.009 of the Florida Administrative Code regulates the sale and transportation of fresh water fish. Any person transporting game fish above the legal possession limits must have documentation that the fish have been acquired legally and are being legally transported. CH. 11118 (1925) — prohibits any person, firm, or corporation from setting, fishing, or causing to be fished any seine, gill net, or any other kind of net in fresh and salt water canals of St. Lucie County. The act prohibits setting, fishing, or placing in the water any net or trap, except common dip nets, cast nets, bait nets or seines not over fifty feet long used only for catching bait, within one hundred yards of any bridge, dock, or pier in St. Lucie County. Comparison with general provisions: Chapter 11118 is duplicative of the gear restrictions and specifications as set out for marine fisheries in chapter 68B-4 and rules relating to freshwater fish in chapter 68A-23 of the Florida Administrative Code. See the above chapter 8187 comparison with general provisions regarding the use of haul seines and drag nets in salt and fresh waters. Rule 68B-4.0081(2)(a) of the Florida Administrative Code as well as Article X, section 16 of the Florida Constitution prohibit the use of gill nets or entangling nets in any Florida waters. Salt water fish traps are prohibited, unless specifically listed in rule 68B-4.020 of the Florida Administrative Code. This special act is a significant expansion of current rules in that it prohibits seines and crab traps, which can currently be used as specified in Chapters 68B-4 and 68B-45 (Blue crab). Pin fish traps are also used for bait fishing. These gears are often used by the public off of private docks, which this appears to prohibit. Unlike chapter 11118, the general provisions do not mention gear restrictions based on proximity to docks or piers and mention limited restrictions concerning bridges. However, some of these areas would likely fall within the category or inshore and nearshore waters. With regard to nearshore and inshore Florida waters, rule 68B-4.0081(3)(a), Florida Administrative Code, prohibits fishing, setting, or placing in the water nets with a mesh area greater than five hundred square feet. Cast nets are restricted to a stretched length of fourteen feet within nearshore and inshore Florida waters. Id. R. 68B-4.0081(4)(b). Packet Pg. 160 10.A.1.b As to bridges, rule 68B-4.0083(3), Florida Administrative Code, prohibits attaching a frame net, trawl net, trap net or similar device to any state road bridge or associated structure situated over any saltwater body or to use more than one such device while fishing from a state road bridge or associated structure. Like chapter 11118, there are exceptions for hand-held nets including cast nets and landing or dip nets. Gear restrictions for canals are regulated under the general restrictions for salt and fresh water In addition, rule 68B-4.0083(4) of the Florida Administrative Code specifically prohibits obstructing a canal by placing or setting therein any screen, net, seine, rack, wire or other device, or to set any of those type of devices in a manner that prevents the free passage of fish, CH. 31234 (1955) — prohibits the use of any drag seines, bank nets, stop nets, or fish nets of any kind in the waters of Faber Cove in St. Lucie County. Comparison with general provisions: As mentioned above in the chapter 8187 and 11118 comparisons with general provisions, the use of nets in marine waters is extensively covered in the gear restrictions and specifications in chapter 6813-4. CH. 57-1791— prohibits any person from engaging in spearfishing or skin diving at any time within one thousand feet of Faber Cove in St. Lucie County or within one thousand feet of an area described using roads, bridges, and jetties as points of reference which generally seems to be the area bounded by North Beach Causeway Drive and Seaway Drive in the area of Fort Pierce. The act also prohibits selling, purchasing, or offering for sale in St. Lucie County any fish taken by spearfishing. Comparison with general provisions: The prohibition on purchase and sale of speared fish is a substantial deviation from current rules. The goals of chapter 57-1791 are likely met by the rules set out in chapter 686-20 of the Florida Administrative Code which cover spearing. Spearfishing is more broadly defined under chapter 57-1791 than under chapter 68B-20.002(5) of the Florida Administrative Code. Under chapter 57-1791 spearfishing encompasses the taking of salt water fish by projecting any spear, projectile, dart, arrow, gig, grain, harpoon, snatch -hook, or other implement. The definition under chapter 57-1791 more closely approximates the definition of spearing under rule 6813- 20.002(6), which involves taking fish by bow hunting, gigging, spearfishing, or by any device used to capture a fish by piercing its body. The definition of spearfishing under rule 686- 20.002(5) describes the instrumentality used to take fish (propelled spear or lance), but additionally requires that the instrument be operated by a person swimming at or below the surface of the water. Under section 6813-20.003 of the Florida Administrative Code, spearfishing is permitted in all salt waters and salt water tributaries of Florida, except as provided in rules 68B-20.003(2)(a-e). Spearfishing is prohibited within 100 yards of all public bathing beaches, within 100 yards of all Packet Pg. 161 10.A.1.b commercial or public fishing piers, and within 100 yards of any portion of any bridge where public fishing is legal. Spearfishing is prohibited within 100 feet of the unsubmerged portion of any jetty, except along the last 500 yards of any jetty that extends more than 1,500 yards from the shoreline. Spearfishing is also prohibited in or on any body of water under the jurisdiction of the Division of Recreation and Park of the Department of Environmental Protection. Some portions of the areas listed in chapter 57-1791 are likely covered by the prohibitions on spearing in rule 6813-20.003. Since skin diving bears no relation to the harvest of fish in chapter 57-1791, there are no relevant rules of general application of the Florida Fish and Wildlife Conservation Commission that correspond. Packet Pg. 162 10.A.1.c RESOLUTION NO. 16-XXX A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, SUPPORTING THE REPEAL OF SPECIAL ACTS/RULES CHAPTER 8187 (1919), CHAPTER 11118 (1925), CHAPTER 31234 (1955) AND CHAPTER 57-1791 REGARDING FISHING, SPEARFISHING AND SKIN DIVING IN ST. LUCIE COUNTY, FLORIDA. REQUESTING THAT THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION REPEAL CHAPTER 8187 (1919), CHAPTER 11118 (1925), CHAPTER 31234 (1955) AND CHAPTER 57- 1791; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Florida Legislature is empowered to enact special acts of local application ("special act" which by definition apply only to specific counties, etc. in Florida; and WHEREAS, the Florida Legislature enacted the special acts, regarding fishing, spearfishing and skin diving in St. Lucie County, Florida; and WHEREAS, in 1983, the Florida Legislature enacted a special act designated as Chapter 83- 134 which created the Marine Fisheries Commission and which also repealed a number is special acts including the special acts referenced above and provided that the repealed special acts would become rules of the Marine Fisheries Commission; and WHEREAS, Chapter 8187 (1919) prohibits any person, firm, or corporation from using, setting, putting, floating, dragging, hauling or maintaining any haul seine or drag net or taking or catching fish with a haul seine or drag net in any salt or fresh waters of St. Lucie County. The act prohibits selling, shipping, transporting, or receiving for shipment or transportation any fish taken or caught with a haul seine or drag net from St. Lucie waters; and WHEREAS, Chapter 11118 (1925) prohibits any person, firm, or corporation from setting, fishing, or causing to be fished any seine, gill net, or any other kind of net in fresh and salt water canals of St. Lucie County. The act prohibits setting, fishing, or placing in the water any net or trap, except common dip nets, cast nets, bait nets or seines not over fifty feet long used only for catching bait, within one hundred yards of any bridge, dock, or pier in St. Lucie County; and WHEREAS, Chapter 31234 (1955) prohibits the use of any drag seines, bank nets, stop nets, or fish nets of any kind in the waters of Faber Cove in St. Lucie County; and WHEREAS, Chapter 57-1791 prohibits any person from engaging in spearfishing or skin 6 diving at any time within one thousand feet of Faber Cove in St. Lucie County or within one Q thousand feet of an area described using roads, bridges, and jetties as points of reference which r generally seems to be the area bounded by North Beach Causeway Drive and Seaway Drive in the E 1 � r a Packet Pg. 163 10.A.1.c area of Fort Pierce. The act also prohibits selling, purchasing, or offering for sale in St. Lucie County as fish taken by spearfishing; and WHEREAS, the Marine Fisheries Commission is now called the Florida Fish and Wildlife Conservation Commission (FWC) and is the successor organization of the Marine Fisheries Commission and as such has the authority to repeal the special acts referenced above; and WHEREAS, the special acts referenced above continue to exist today as rules of FWC but are antiquated rules that appear to serve no public purpose or provide any public benefit to the residents of St. Lucie County, Florida. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: 1. The above Recitals are hereby incorporated herein and specifically made a part of this Resolution. 2. The Board, hereby supports the repeal of: Chapter 8187 (1919) Chapter 11118 (1925) Chapter 31234 (1955) Chapter 57-1791 3. The Board requests that the Florida Fish and Wildlife Conservation Commission repeal the special acts and/or rules referenced above. 4. This Resolution shall become effective immediately upon its adoption. After a motion and second, the vote on this Resolution was as follows: Chairman Kim Johnson XXX Vice Chairman Chris Dzadovsky XXX Commissioner Tod Mowery XXX Commissioner Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this day of April, 2016. 2 a Packet Pg. 164 10.A.1.c r_r11IMS BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney d 0 E a Packet Pg. 165 10.A.1.d Result of Repealing Special Act of Local Application - St. Lucie County (CH. 57-1791) Florida Fish and Wildlife Conservation Commission (FWC) Summary of CH 57-1791: An act defining "spear fishing" and "salt water fish" and prohibiting spear fishing and skin diving in certain areas in St. Lucie County, Florida, and providing punishment for the violation of this act. Result of Reoeal: The area spearfishing and skin diving are prohibited in this special act is included in the area shaded in red. The yellow shaded areas are areas that will remain no-spearfishing areas per the FWC's statewide spearfishing rule, chapter 6813-20, Florida Administrative Code (FAC). Specific to the current area, this will include the areas within 100 yards surrounding all major bridges (because fishing is allowed from these bridges), fishing piers, and public beaches, and the areas within 100 feet of the unsubmerged portions of the inlet jetties, as well as all of the area within the boundaries of Fort Pierce Inlet State Park. The FWC believes that the goals of Ch. 57-1791 are achieved by the statewide spearfishing regulations in chapter 6813, FAC and the repeal of this special act will result in greater consistency with statewide regulations. re R IDI NYC Boundaries of Special Act Ch 57-1791 No spearfishing Area from Special Act Ch 57-1791 (includes 1,000 ft buffer) Existing Statewide No Spearfishing Areas Mafr�9ai, within 100 yards from public bathing beaches, fishing piers, or any part of rib I , a bridge where fishing is allowed spa_ within 100feetoftheunsubmerged portion of anyjetty state parks MAA— /E =r_ e F it srriGrt !nda A"', m a ,0 r d ' JIM a ISLAND yAUSEWAY r COON r' ISLAND p� r r77 r r � i ♦ r ♦ ..''�♦ r+ram re e C) • �' r� AIA IA USE WAY ISLAND \�.rr 0 250 500 1,000 Yards r Q O c m E t U 2 r Q Packet Pg. 166 10.B.1 ITEM NO. RES-2016-56 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Jeffrey Johnson, Senior Planner Planning Division The Atlantic - Major Site Plan DATE: 04/05/2016 *REGULAR AGENDA\PLANNING & DEVELOPMENT SERVICES The applicant, Brian O'Connell, Esq. is requesting Major Site Plan approval for a 102 unit multi -family residential condominium development consisting of four (4) buildings with recreational amenities (swimming pool, gym and tennis court) on 22.2 acres of land located on South Hutchinson Island, located approximately 3/4 mile south of Frederick Douglas Memorial Park on both sides of Highway A-1-A. The subject property is zoned HIRD, Hutchinson Island Residential District which is consistent with the RU, Residential Urban (5 du/acre) zoning district and R/C, Residential Conservation (0.20 du/acre) future land use. Water and wastewater service will be provided by Fort Pierce Utilities Authority and St. Lucie County Utilities, respectively. GENERAL INFORMATION Applicant/Property Owner: Brian O'Connell, Esq. Location: South Hutchinson Island (3/4 mile south of Frederick Douglas Memorial Park) Type of Development: Residential Condominium - 102 units Density: 4.6 du/acre Size of Development: 22.2 acres Tax Identification Numbers: 2529-231-0002-000-4 and 2529-231-0001-000-7 Zoning District: HIRD, Hutchinson Island Residential District Overly Zoning District: Hutchinson Island - Building Height Overlay Zone B Packet Pg. 167 10.B.1 Future Land Use: Wetlands: Uplands: Beaches and Dunes: Utilities: Urban Services Boundary: Drainage District: Adjacent Land Use/Zoning/Uses: RU, Residential Urban - 5 dwelling units per acre and R/C, R/C, Residential Conservation - 0.20 dwelling units per acre 12.6 acres 3.7 acres 5.9 acres Fort Pierce Utilities Authority Water and St. Lucie County Utilities Wastewater Inside South Florida Water Management District Direction Future Land Use Zoning Existing Use(s) North RU, Residential Urban - HIRD, Hutchinson Island Hutchinson Sands 5 du/acre Residential District Condominium (84 units) - unbuilt South RU, Residential Urban - HIRD, Hutchinson Island Sunset Beach PUD 5 du/acre and R/C, Residential District (44 Single Family Residential Residential Lots) - Conservation 0.20 d/u unbuilt acre East N/A N/A Atlantic Ocean West RU, Residential Urban - HIRD, Hutchinson Island Wetlands 5 du/acre and R/C, Residential District Residential Conservation 0.20 d/u acre LAND DEVELOPMENT CODE STANDARDS OF REVIEW FOR MAJOR SITE PLANS Land Development Code (LDC) Section 11.02.07 establishes the standards of review for site plans. Site plan approval shall be granted only if the applicant demonstrates compliance with the following criteria. The Board of County Commissioners may adopt conditions, limitations and safeguards as deemed necessary to mitigate any impacts the proposed development may have on adjacent uses and to ensure compatibility with the surrounding area. A. Consistency with Local Ordinances and Comprehensive Plan. The site plan complies with the minimum zoning district requirements in the HIRD, Hutchinson Updated: 3/24/2016 3:19 PM by Jeffrey Johnson Page 2 Packet Pg. 168 10.B.1 Island Residential District zoning district. The overall density for the project is 4.6 du/acre, less than the maximum 5 du/acre allowed. The four (4) buildings are proposed to be constructed at 35 feet in height, which is the maximum building height allowed in the zoning overlay and comply with the minimum required spacing between multi -family buildings as per LDC, Section 7.04.03 - Building Spacing Formula. The applicant has provided 162 parking spaces, which exceeds the 125 spaces required for the project by the LDC. The residential project furthers the following goals, objectives and policies of the Housing Element of the Comprehensive Plan by providing a supply of housing. Policy 3.1.1.1: To provide sufficient land to meet the future needs, the Future Land Use Map shall provide future land use designations that allow a variety of housing types and densities. Goal 3.2: To provide an adequate mix of safe and sanitary housing that meets the needs of existing and future St. Lucie County residents. B. Effect on Nearby Properties. The applicant has mitigated potential adverse impacts the proposed development may have on the adjacent properties to the north and south by providing a 50-foot wide upland buffer planted areas. The 35-foot height of the proposed 3-4-story buildings is compatible with the maximum building height allowed on the adjacent properties. Stabilized access driveways have been provided that extend the north -south driveways to the property line. A condition of approval states that the stabilized drives may only be used during an emergency. The applicant is required to comply with the requirements in LDC, Section 7.07 to address stormwater management on the subject property and any adverse impacts on adjacent properties. A conceptual drainage plan has been provided, and a condition of approval requires that on -site engineering and drainage plans be finalized and approved by the Public Works Department, Water Quality Division prior to issuance of a building permit. It shall be the responsibility of the property owner to obtain the required stormwater permits from the State and County prior to any development activity. C. Adequacy of Public Facilities Water and Sewer Water and wastewater service will be provided by Fort Pierce Utilities Authority and St. Lucie County Utilities, respectively. Utility Service Agreements and the necessary permitting will be required with both agencies. Traffis The traffic statement provided by the applicant's engineer identifies a total of 593 trips per day generated by the proposed development with A-1A operating at an acceptable level of service "C". The results of the statement indicate that the traffic impacts of the project will not decrease the Updated: 3/24/2016 3:19 PM by Jeffrey Johnson Page 3 Packet Pg. 169 10.B.1 level of service of any link on the St. Lucie County roadway network, and no capacity related roadway improvements are required. The Florida Department of Transportation (FDOT) has approved the request of the applicant for a full access connection which will provide a northbound and southbound turn lanes. No transportation concurrency issues associated with this development have been identified. The applicant will be required to pay applicable County road impact fees. D. Adequacy of Fire Protection The St. Lucie County Fire District, Fire Prevention Bureau reviewed and approved the proposed project in accordance with the provisions of the State Fire Code. The closest fire station (Station #8) is approximately 6 miles south from the from the project and is located at 7583 South Ocean Drive. E. Adequacy of School Facilities The St. Lucie County School Board has reviewed the proposed residential condominium development and has no school concurrency or capacity issues. F. Environmental Impact. Environmental Resources Department Final Report on the subject application includes the following information and analysis: Background The site consists of 12.60-acres of Category I mangrove wetlands, 6.24-acres of disturbed coastal dune and strand, and 3.35-acres of beach. The uplands onsite are highly disturbed with evidence of overwash and uprooted trees resulting from storm events. Uplands are primarily vegetated with Australian pine, Brazilian pepper, buttonwood, sea grape, seaside daisy, sea oats, and seashore salt grass. Wetland jurisdictional determinations were conducted by the Florida Department of Environmental Protection (FDEP) and the Army Corps of Engineers (ACOE). Two (2) mangrove wetlands onsite were claimed, totaling 12.6-acres (W-1 located east of A1A totaling 12.48-acres and W-2 located west of A1A totaling 0.12-acres). Per Comprehensive Plan Policy 6.1.14.6, these wetlands are considered Category I due to their hydrologic connectivity; therefore, any impacts require a waiver from the Board of County Commissioners. Findings The project will impact 1.21-acres of Category I mangrove wetlands and 0.86-acres of the required 50 foot upland buffer (56,181 square feet or 1.29-acres), primarily associated with the entrance road. Mitigation for these impacts will be provided through onsite wetland enhancement and purchase of credits at an approved mitigation bank. Flushing culverts are proposed along the entrance drive to maintain hydrologic connectivity and ecological function of the onsite wetlands. Staff encouraged the applicant to work with neighboring developers to create a shared access to Updated: 3/24/2016 3:19 PM by Jeffrey Johnson Page 4 Packet Pg. 170 10.B.1 reduce wetland impacts throughout the development review process; however an agreement between the applicant and the adjacent property owner of the Hutchinson Sands condominium project was not successfully reached. The Hutchinson Sands Major Site Plan was approved by the BOCC in 2008 via Resolution No. 08-017 and consist of 84 condominium residential dwelling units. There are no conditions of approval in the Hutchinson Sands Resolution, nor is there a County code requirement that requires shared access to minimize environmental impacts. The remaining 11.39-acres of wetlands will be preserved via a conservation easement, restored and maintained in perpetuity per the approved Preserve Area Monitoring and Management Plan. A total of 2.99-acres of native upland habitat will be restored and preserved. This includes 1.39- acres of coastal strand, 1.17-acres of coastal dune, and 0.43-acres of upland buffer mitigation area. All onsite preserve areas will be placed under a conservation easement and maintained in perpetuity consistent with the approved Preserve Area Monitoring and Maintenance Plan dated February 2016. The proposed development will not impact any vegetation meeting the mitigation thresholds outlined in Land Development Code 6.00.05.D; therefore no individual tree mitigation is required. No evidence of listed species were observed during the preliminary site inspection. A Sea Turtle Protection Plan dated January 2016 has been reviewed and approved by the Environmental Resources Department. A Landscape Plan prepared by Boggs Planning & Landscape Architecture dated 1/6/16 has been reviewed and approved by the Environmental Resources Department. Conditions of Approval Subject to resolution of the findings listed above, the following is a list of conditions of approval: 1) Prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the applicant shall provide an executed Conservation Easement, approved Preserve Area Monitoring and Management Plan (PAMMP) and Sea Turtle Protection Plan (STPP) with an attached affidavit and cashier's check (payable to the Clerk of the Court for recording fees) to the County Attorney. The applicant shall also provide a digital shapefile of the conservation easement to the County. A copy of a standard Conservation Easement can be found on the St. Lucie County ERD website at: <http://www.stlucieco.gov/pdfs/Conservation Easement Form.pdf>. 2) Prior to issuance of a Vegetation Removal Permit of Exemption, the applicant shall provide a detailed Dune Restoration Plan, including proposed height, slope, grain size, restoration schedules and methods and restrictions on the dune preservation area including details regarding the dune crossover. 3) Prior to the issuance of a Certificate of Occupancy, a registered Florida architect or engineer shall conduct a nighttime survey with all of the beachfront lighting turned on and provide a report of the inspection to the Environmental Resources Department as outlined in the approved Sea Turtle Protection Plan. If any violations of the sea turtle lighting code are identified, a Certificate of Occupancy shall not be issued until all violations have been Updated: 3/24/2016 3:19 PM by Jeffrey Johnson Page 5 Packet Pg. 171 10.B.1 corrected. 4) Prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the developer, successor or assignee shall provide proof of an escrow account or account held in reserve acceptable to the County Attorney, for the cost of total dune reconstruction and perpetual dune maintenance per the approved Preserve Area Mitigation, Monitoring, and Maintenance Plan. 5) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall include the following information within the Property Owners' Association documents: a. Restrictions on any encroachment into the preserve areas, as well as restrictions on vegetation removal outside the building pad areas. b. References to the Preserve Area Monitoring and Management Plan and Sea Turtle Protection Plan. C. Disclosure regarding the COBRA zone designation for this property. d. Mechanism for perpetual financial responsibility of the Property Owners' Association for future dune maintenance. 6) Prior to issuance and a Vegetation Removal Permit or Exemption, an updated wetland jurisdictional determination and/or permit shall be submitted from Army Corps of Engineers. If the location of the Army Corps of Engineers jurisdictional wetland line creates any inconsistency with the approved site plan, an adjustment to the site plan will be required. 7) Within 90 days of site plan approval all invasive exotic vegetation shall be removed. 8) Prior to issuance of a Vegetation Removal Permit or Exemption, listed species surveys including but not limited to gopher tortoise surveys shall be updated as required per state and/or federal survey protocol. Should any listed species be found as a result of these updated surveys, appropriate permits from state and federal agencies shall be required. 9) Prior to issuance of a Vegetation Removal Permit or Exemption, the developers, their successor or assigns, shall conduct a pre -construction meeting with construction personnel and Environmental Resources Department staff, addressing vegetation and water quality protection measures. 10) The issuance of County development permit does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 11) All other applicable state or federal permits, including but not limited to Florida Department of Environmental Protection and Army Corps of Engineers permits, must be obtained before commencement of the development. Updated: 3/24/2016 3:19 PM by Jeffrey Johnson Page 6 Packet Pg. 172 10.B.1 12) Prior to the issuance of the first certificate of occupancy, the property owner shall coordinate the alignment and connection of the 26-foot wide stabilized emergency access driveways as depicted on the site plan drawings with the property owners to the north and south. A cross -access agreement with both adjacent property owners shall be recorded identifying that the driveway shall be pervious in nature, shall be kept clear of any obstructions and shall be utilized only for emergencies. 13) Prior to the issuance of the certificate of occupancy for the second residential condominium building, the following recreational amenities (gym, swimming pool and tennis court) shall be constructed with a certificate of occupancy or completion issued by the County's Building Department in accordance with the approved site plan. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board adoption of a Resolution granting Major Site Plan approval with conditions identified in the staff report. COMMISSION ACTION: Coordination/Signatures L li I , Director Planning & Development Services 3/15/2016 aanieYS.MclIntyrLe,Atorney C 3/21/2016 Updated: 3/24/2016 3:19 PM by Jeffrey Johnson Page 7 Packet Pg. 173 I 10.B.1.a I BOARD OF COUNTY COMMISSIONERS Sao-r-o -- Meeting Date: Tuesday April 5, 2016 Applicant Brian O'Connell, Esq. 515 North Flagler Drive, Ste 2000 West Palm Beach, FL 33401 Agent Ladyko Design Group, LLC Richard Ladyko, P.E. 4400 Belle Grove Drive Fort Pierce, FL 34981 Future Land Use RU (Residential Urban - 5 du/ acre) and R/C (Residential Conservation) Zoning HIRD (Hutchinson Island Residential District) Request Major Site Plan approval for a 102 unit multi -family residential condominium project Staff Jeffrey Johnson Senior Planner JohnsonJ@stlucieco.org (772) 462-1580 File Number MJSP 1020104163 N A �o N N ,d erg. 'O �. Anacostla PI O Subject property -- Wdw_ay_Rd The Atlantic Major Site Plan Project Description The applicant, Brian O'Connell, Esq. is requesting Major Site Plan approval for a 102 unit multi -family residential condo development consisting of four (4) buildings with recreational amenities (swimming pool, gym and tennis court) on 22.2 acres of land located on South Hutchinson Island, approximately 3/4 mile south of Frederick Douglas Memorial Park on both sides of Highway A-1A. The subject property is zoned HIRD (Hutchinson Island Residential District) which is consistent with the RU (Residential Urban - 5 du/acre) and R/C (Residential Conservation - .20 du/acre) future land use. Water and wastewater service will be provided by Fort Pierce Utilities Authority and St. Lucie County Utilities, respectively. Notice Requirements None. Recommendation Staff recommends that the Board adopt a Resolution granting Major Site Plan approval with conditions outlined in the staff report. U U O m E E U W 0 L a is m 0 r E a Packet Pg. 174 10.B.1.a 2 r r Q r r N W w U U O Co E E u aD 0 L- a. a+ a Packet Pg. 175 10.B.l.b �o Midway Rd I Packet Pg. 176 1 10.B.1.b Q Packet Pg. 177 10.B.1.b Q Packet Pg. 178 10.B.1.b CD 0 to � cn `m' n T 0 CD 0 W C) n n � C ;u 0 C n C C � D z m Q p o cn D L � fD ( fD s1 �, � r N C0 C 4I 7 0 � D O o r °' �' v 0 c r+ o n— C� rn C. w n � v - I `V 0 W --F N Ul � o r N rn � �Z m Packet Pg. 179 10.B.1.c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION NO. 16-XXX File Number: MJSP1020104163 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR MAJOR SITE PLAN APPROVAL CONSISTING OF 102 RESIDENTIAL CONDOMINUM DEWELLING UNITS FOR A PROJECT TO BE KNOWN AS THE ATLANTIC ON 22.2 ACRES OF PROPERTY IN ST. LUCIE COUNTY. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: SITE PLAN 1) Brian O'Connell, Esq. presented a petition for a Major Site Plan to be known as The Atlantic consisting of 102 residential condominium dwelling units on 22.2 acres with recreational amenities (swimming pool, gym and a tennis court) for the subject property described in Part A. 2) On April 5, 2016, this Board held a public meeting on the petition. 3) The St. Lucie County Development Review Committee has reviewed the Major Site Plan for the project and found it to meet all technical requirements and to be consistent with the Future Land Use Map of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part B of this Resolution. 4) The proposed project is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan and the Code of Ordinances of St. Lucie County. 5) The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities or other matters affecting the public health, safety and general welfare. 6) All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 7) The proposed project 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. April 5, 2016 Page 1 Resolution No. 16-XXX File No.: MJSP 1020104163 Packet Pg. 180 10.B.1.c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 8) The proposed project will be served by Fort Pierce Utilities Authority for potable water and St. Lucie County Utilities for wastewater. WETLAND WAIVER 9) Brian O'Connell, Esg has requested, as part of their proposed site plan, a waiver from the Comprehensive Plan Policies 6.1.14.5 and 6.1.14.6 to allow 1.21 acres of Category 1 mangrove wetland impacts and 0.86 acres of wetland buffer impacts (as depicted on the site plan). 10) After consideration of the testimony presented during the April 5, 2016 public meeting, including staff comments and the standards of review for granting a waiver as set out in Policy 6.1.14.2.d, St. Lucie County Comprehensive Plan, the Board of County Commissioners has made the following determination: a. The requested waiver for Category 1 wetland impacts and upland buffer impacts as depicted on the attached site plan meets the standards of review as set forth in Policy 6.1.14.2.d of the St. Lucie County Comprehensive Plan. b. The waiver granted will not impair other property or improvements in the neighborhood. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. c. The waiver granted is the minimum necessary to allow for construction of the access roadway without impacting existing other surface waters and reasonable use of the site. d. The applicant has provided 0.43 acres of upland buffer area to compensate for the reduction in wetland buffer impacts, thereby meeting the general spirit and intent of the St. Lucie County Land Development Code and Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St Lucie County, Florida: A. The property on which the Major Site Plan is being granted is described as follows: Parcel 1 The North 469.42 Feet of Government Lot 2, Section 29, Township 35 South, Range 41 East, St. Lucie County, Florida, together with a non-exclusive easement for Ingress and Egress over the following; From the N.W. corner of Government Lot 2, Section 29, Township 35 South, Range 41 East, run South along the West line of April 5, 2016 Resolution No. 16-XXX Page 2 File No.: MJSP 1020104163 Packet Pg. 181 10.B.1.c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 said Government Lot 2, a distance of 469.42 Feet to the Point of Beginning; thence continue South 121 feet to the easterly right-of-way line of State Road A-1-A, thence run Southeasterly along said right-of-way, 122.51 Feet, thence run North 227.81 Feet; thence run West 60.00 Feet to the Point of Beginning. Said land contains 10.55 Acres, more or less. ParrrPl 9 The South 469.42 Feet of the North 938.84 Feet of Government Lot 2, Section 29, Township 35 South, Range 41 East, St. Lucie County, Florida. Excepting the right- of-way of State Road A-1-A, subject to a non-exclusive easement for Ingress and Egress over the following; From the N.W. corner of Government Lot 2, Section 29, Township 35 South, Range 41 East, run South along the West line of said Government Lot 2, a distance of 469.42 Feet to the Point of Beginning; thence continue South 121 Feet to the Easterly right-of-way of State Road A-1-A; thence run Southeasterly along said right-of-way 122.51 Feet; thence run North 227.81 Feet; thence run West 60.00 Feet to the Point of Beginning, and that part of said Government Lot 2, Section 29, Township 35 South, Range 41 East, lying west of State Road A-1A, less the South 100 feet thereof. Said land contains 11.64 acres, more or less. (Including lands on the West side of State Road A-1-A). Parcel ID Numbers: 2529-231-0002-000-4 and 2529-231-0001-000-7 B. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code, the Major Site Plan for the project known as The Atlantic is hereby approved as shown on the site plan drawings for the project prepared by Ladyko Design Group, LLC dated January 25, 2016, and date stamped received by the St. Lucie County Planning & Development Services Department on , 2016, subject to the following conditions: 1) Prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, an executed Conservation Easement, approved Preserve Area Monitoring and Management Plan (PAMMP) and Sea Turtle Protection Plan (STPP) with an attached affidavit and cashier's check (payable to the Clerk of the Court for recording fees) to the County Attorney. The applicant shall also provide a digital shapefile of the conservation easement to the County. A copy of a standard Conservation Easement can be found on the St. Lucie County ERD website at: www.stlucieco.gov/pdfs/Conservation Easement Form.pdf. 2) Prior to issuance of a Vegetation Removal Permit of Exemption, the applicant shall provide a detailed Dune Restoration Plan, including proposed height, slope, grain size, restoration schedules and methods and restrictions on the dune preservation area including details regarding the dune crossover. April 5, 2016 Page 3 Resolution No. 16-XXX File No.: MJSP 1020104163 Packet Pg. 182 10.B.1.c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 3) Prior to the issuance of a Certificate of Occupancy, a registered Florida architect or engineer shall conduct a nighttime survey with all of the beachfront lighting turned on and provide a report of the inspection to the Environmental Resources Department as outlined in the approved Sea Turtle Protection Plan. If any violations of the sea turtle lighting code are identified a Certificate of Occupancy shall not be issued until all violations have been corrected. 4) Prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the developer, successor or assignee shall provide proof of an escrow account or account held in reserve acceptable to the County Attorney, for the cost of total dune reconstruction and perpetual dune maintenance per the approved Preserve Area Mitigation, Monitoring, and Maintenance Plan. 5) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall include the following information within the Property Owners' Association documents: a. Restrictions on any encroachment into the preserve areas, as well as restrictions on vegetation removal outside the building pad areas. b. References to the Preserve Area Monitoring and Management Plan and Sea Turtle Protection Plan. C. Disclosure regarding the COBRA zone designation for this property. d. Mechanism for perpetual financial responsibility of the Property Owners' Association for future dune maintenance. 6) Prior to issuance and a Vegetation Removal Permit or Exemption, an updated wetland jurisdictional determination and/or permit shall be submitted from Army Corps of Engineers. If the location of the Army Corps of Engineers jurisdictional wetland line creates any inconsistency with the approved site plan an adjustment to the site plan will be required. 7) Within 90 days of site plan approval all invasive exotic vegetation shall be removed. 8) Prior to issuance of a Vegetation Removal Permit or Exemption, listed species surveys including but not limited to gopher tortoise surveys shall be updated as required per state and/or federal survey protocol. Should any listed species be found as a result of these updated surveys appropriate permits from state and federal agencies shall be required. 9) Prior to issuance of a Vegetation Removal Permit or Exemption, the developers, their successor or assigns, shall conduct a pre -construction meeting with construction personnel and Environmental Resources Department staff, addressing vegetation and water quality protection measures. April 5, 2016 Page 4 Resolution No. 16-XXX File No.: MJSP 1020104163 Packet Pg. 183 10.B.1.c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 10) The issuance of County development permit does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 11) All other applicable state or federal permits, including but not limited to Florida Department of Environmental Protection and Army Corps of Engineers permits, must be obtained before commencement of the development. 12) Prior to the issuance of the first certificate of occupancy, the property owner shall coordinate the alignment and connection of the 26-foot wide stabilized emergency access driveways as depicted on the site plan drawings with the property owners to the north and south and enter. A cross -access agreement with both adjacent property owners shall be recorded identifying that the driveway shall be pervious in nature, shall be kept clear of any obstructions and shall be utilized only for emergencies. 13) Prior to the issuance of the certificate of occupancy for the second residential condominium building, the following recreational amenities (gym, swimming pool and tennis court) shall be constructed with a certificate of occupancy or completion issued by the County's Building Department in accordance with the approved site plan. C. The approvals and authorizations granted by this Resolution shall expire on April 5, 2018 unless a building permit is secured or a site plan extension is granted in accordance with Section 11.02.06(B)(2), St. Lucie County Land Development Code. D. The property owner, including any successors in interest, shall obtain all applicable development permits and construction authorizations from the appropriate State and Federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, and the St. Lucie County Environmental Resources and Building Departments prior to the commencement of any development activities on the property described in Part A. Issuance of this permit by the County does not in any way create any rights on the part of the developer to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of this permit if the developer fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertake actions that may result in a violation of state or federal law. E. The conditions set forth in Part B are an integral non -severable part of the site plan approval granted by this Resolution. If any condition set forth in Part B is April 5, 2016 Resolution No. 16-XXX Page 5 File No.: MJSP 1020104163 Packet Pg. 184 10.B.1.c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. F. A Certificate of Capacity, a copy of which is attached hereto as Exhibit B and made a part hereof the Resolution, was granted by the Planning & Development Services Department Director on 2016. G. A recorded copy of this Resolution shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Planning & Development Services Department Director. H. ADOPTION After motion and second, the vote on this resolution was as follows: Kim Johnson, Chairman Chris Dzadovsky, Vice -Chairman Tod Mowery, Commissioner Frannie Hutchinson, Commissioner Paula Lewis, Commissioner PASSED AND DULY ADOPTED this 5th day of April, 2016. DEPUTY CLERK April 5, 2016 Page 6 XXX XXX XXX XXX XXX BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA 01 Chairman APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Resolution No. 16-XXX File No.: MJSP 1020104163 Packet Pg. 185 10.B.1.c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 April 5, 2016 Page 7 EXHIBIT "A" LOCATION MAP ct property :rvatlon Public nson Island rntial District !u Resolution No. 16-XXX File No.: MJSP 1020104163 Packet Pg. 186 10.B.1.c 2 3 April 5, 2016 Page 8 EXHIBIT B CERTIFICATE OF CAPACITY r a Resolution No. 16-XXX File No.: MJSP 1020104163 Packet Pg. 187 10.B.1.d LOCATION MAP N.T.S. THE ArrLA NTIC A MAJOR SITE PLAN LOCATED IN SECTION 29, TOWNSHIP 35 SOUTH, RANGE 41 EAST, ST. LUCIE COUNTY, FLORIDA PREPARED FOR: SOUT1111ALL, INC & MILLHESS, INC. PROJECT TEAM OWNER/APPLICANT: ENGINEER/AGENT: SURVEYOR: ENVIRONMENTAL CONSULTANT Southhall Inc. & Millhess, Inc. Mr. Brian O'Connell - President 515 North Flagler Drive, Suite 2000 West Palm Beach, Fl. 33401 Phone: 561-832-5900 Fax: 561-820-0389 Ladyko Design Group, LLC Richard M. Ladyko, P.E. - President 4400 Belle Grove Drive Fort Pierce, FL 34981 Phone: (772) 530-8261 Fax: (772) 464-1383 FL P.E. Reg. 434288 Laventure & Associates, Inc. Mr. Richard C. Laventure, P.L.S. 774 Midway Road Fort Pierce, FL 34981 Phone: 772-398-6430 Fax: 772-398-6426 FL P.L.S. Reg. 5209 EW Consultants, Inc. Ms. Mary Lindgren 601 Heritage Drive, Suite 124 Jupiter, FL 33458 Phone: 561-623-5475 dyko 521-1sign roup, LLC INDEX TO SHEETS SHEET NO. DESCRIPTION 1 COVER SHEET 2 MAJOR SITE PLAN 3 CONCEPTUAL DRAINAGE & UTILITY PLAN 4 SITE LIGHTING PLAN & DETAILS 5 SITE DETAILS 6 SITE DETAILS FILE NAME: THE ATLANTIC COVER.dwg 4400 BELLE GROVE DRIVE FORT PIERCE, FLORIDA 34981 PHONE 772-530-8261 FAX 772-464-1383 'STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS AUTHORIZATION 928610 THE ATLANTIC SITE PLAN DRAWINGS RICHARD M. LADYKO, P.E. FL. REG. NO. 34288 09-001 SHEET 1 OF 6 Packet Pg. 188 10.B.1.e Packet Pg. 189 10.B.1.f Packet Pg. 190 10.B.1.g Packet Pg. 191 10.B.1.h 100.00' rn 0 0 O BUILDING 2 & 3 BUILDING I & 4 PARKING LAYOUT PARKING LAYOUT 31 SPACES (1 HNDCP) 23 SPACES (1 HNDCP) TYPICAL UNDERSTORY PARKING LAYOUT RR�EN�a uN�� GP S-(0 N\GH 3' 3� RGd��ouO G 3�S�OS' H�GN NORTH PROPERTY LINE REQUIRED SETBACK TO PROPERTY LINE EQUATION SB=LpI + 2(Height)/4 SB= 133.88 + 2(35')/4 SB=133.88 + 70/4 SB= 50.97' CODE SB= 55.0' ACTUAL GARP�OR��33 UN13S 3�S 55 N1GN SETBACK BETWEEN BUILDINGS #1&2 EQUATION SB=La+Lb+2(ha+hb)/4 SB=100.00+100.00+ 2(35+35)/4 S6=200.00 + 140/4 SB= 85.00' CODE SB= 89.04' ACTUAL �00 RAGS �3 3� 35 SOUTH PROPERTY LINE REQUIRED SETBACK TO PROPERTY �00 00 LINE EQUATION SB=LpI + 2(Height)/4 SB=133.41 + 2(35')/4 SB=133.41 + 70/4 S6= 50.85' (CODE) SB= 51.23' (ACTUAL) 133.41 <�p0' N00• MIN. PAVEMENT EL. BASE 1' MIN. OVERLAP "DRAINFIELD MIRAFI 140N ROCK" FILTER MATERIAL OR EQUAL 15" PERFORATED R.C.P. PIPE BOTTOM OF TRENCH 8, _ 0" NOTE: NO FILTER MATERIAL ON TRENCH BOTTOM TOP TRENCH EL. BOTTOM PIPE EL. EXFILTRATION TRENCH TYPICAL NOTE: PERFORATED PIPE SHALL CONSIST OF 10 - 1.0 IN2/FT OPENINGS STAGGERED 2/3/2/3. SETBACK BETWEEN BUILDINGS #2&3 EQUATION SB=La+Lb+2(ha+hb)/4 SB=100.00+100.00+2(35+35)/4 X. SB=200.00 + 140/4 SB= 85.00' CODE SB= 114.95' ACTUAL RPG� � _\tl In, of 5' H\GN 4 ,I.50 GE E4E 33 U�135 G �R 35,' H,Gµ SETBACK BETWEEN BUILDINGS #3&4 EQUATION SB=La+Lb+2(ha+hb)/4 SB=100.00+ 100.00+(35+ 35)/4 SB=200.00 + 140/4 SB= 85.00' CODE SB= 90.00' ACTUAL s � G NIB G�5� r11GH BUILDING SETBACK/SEPARATION CALCULATIONS NOTES: 1. BUILDING HEIGHT SHALL NOT EXCEED 35 FEET AS MEASURED FROM LOWEST HORIZONTAL MEMBER ELEVATION AS ESTABLISHED BY F.D.E.P. BEACHES AND SHORES DIVISION. (ELEVATION 15.50 FT. N.A.V.D. 1988)* * as of 6/12/06, THE LOWEST HORIZONTAL MEMBER ELEVATION MAY VARY FROM TIME TO TIME. WETLAND AREA FDOT TYPE GUARDRAIL - CONTINUOUS HEDGE BU WETLAND PRESERVE TRAVEL AISLE TYPE "D" - CURB VALLEY CURB 29; MIN. 2% MIN. GUARDRAIL PER F.D.O.T INDEX 400 W W-BEAM AND TYPE II END TREATMENT / 1 3 MAX. PARKING STALL I WALK 12" ` 2" BRICK PAVERS jL 2" SAND BASE 4 LIMEROCK BASE 12" STABILIZED SUBGRADE (LBR 40 (MIN)) COMPACTED TO 98% OF MAX. DENSITY AS PER AASHTO T-180 TENSAR BX-1100, MINIMUM OVERLAP 18" EACH DIRECTION TYPICAL DRIVE AISLE 12" WATER MAIN MHWL (0.52) DECORATIVE POOL FENCE DETAIL FINISHED MAXIMUM TRENCH WIDTH GRADE 2 x PIPE DEPTH + W w PLACE AND COMPACT z IN 6" LIFTS i OZ W o as PIPE O.D. + 24 IN. \` U z < MAX. WIDTH ? 0 a x U w ` 2 QLd x � INVERT i v' 1/2 PIPE "O.D." HAND PLACED LOWER QUADRANT TO BE SELECT MATERIAL SHAPED TO RECEIVE PIPE BELL AND BARREL NOTES: 1. THE CONTRACTOR SHALL COMPLY WITH REQUIREMENTS OF THE FLORIDA TRENCH SAFETY ACT. 2. INITIAL BACKFILL SHALL BE HAND PLACED TO 12" ABOVE THE PIPE. BACKFILL SHALL BE MECHANICALLY TAMPED TO A MINIMUM OF THE FOLLOWING REQUIREMENTS. 3. REMAINING BACKFILL SHALL BE COMPACTED AS FOLLOWS; 98% PER ASSHTO T-180 UNDER ROADWAYS 95% PER AASHTO T-180 OUTSIDE ROADWAYS 95% PER AASHTO T-180 BENEATH SUBGRADE TYPICAL TRENCH SECTION - R E V I SI0N S- BY DATE REVISIONS PER ST. LUCIE COUNTY D.R.C. RML 4-15-10 REVISIONS PER ST. LUCIE COUNTY D.R.C. RML 11-15-11 REVISIONS PER ST. LUCIE COUNTY D.R.C. RML 11 28 1 REVISIONS PER ST. LUCIE COUNTY D.R.C. RML 2 10 15 REVISIONS PER ST. LUCIE COUNTY D.R.C. RML 4 16 15 REVISIONS PER ST. LUCIE COUNTY D.R.C. RML 1 22 16 • 20' WIDE ROAD C. 2' TYPE �11F" CURB (TYP) NOTES 1. TOP PORTION OF FTP 25 & 26 SHALL HAVE A REFLECTIVE BLUE BACKGROUND WITH WHITE REFLECTIVE SYMBOL AND BORDER, 2. BOTTOM PORTION SHALL HAVE A REFLECTIVE WHITE BACKGROUNG WITH BLACK OPAQUE LEGEND AND BORDER. 3. FTP 25 & 26 MAY BE FABRICATED ON ONE PANEL OR TWO. 1 1/2" R 4. FTP 25 IS FOR AREAS WHERE SPACE IS LIMITED. 1 1/2' R m 1/2' 1 PARKING BY a m "C" PARKING BY 1.5 9 ll 1" SERIES ° 1.5 SERIES DISABLED 15 .C" DISABLED N g PERMIT = /2 PERMIT 1.5 8 ONLY ° ONLY 15 e $250 FINE $250 FINE ' 7' WETLAND VALK PRESERVE PEDESTR AN/BICYCLE RAILING PER F.D.O.T INDEX #862 ............... 1 2 MAX. \ 4" I.Q. MAIN �y 4" FORCE MAIN 1. 2" ASPHALTIC CONCRETE SURFACE COURSE SUPERPAV, TRAFFIC C, FC-9.5 2. 8" COQUINA BASE (LBR 100)* 3. 12" STABILIZED SUBRADE (LBR 40)* 4. TENSAR BX-1100, MIN. OVERLAP 18" EACH DIRECTION 5. ROADWAY EMBANKMENT* * COMPACTED TO 98% MAX. DRY DENSITY PER AASHTO T-180 TYP. ENTRANCE ROAD SECTION COMPUTER FII F RFF FIELD BK. PG. MHWL (0.52') 12" CONCRETE CAP ELEVATION VARIES f4.5' NAVD TURF LINE mj_L 3'-0" R 0 I tO 5/8" DIA X 10' LG. TIE ROD ® 6'-0" C/C FILTER FABRIC 12 GAUGE ALUMINUM OR SEWALL GRADE VINYL SHEETING NOTES 1. FINAL DESIGN OF RETAINING WALL TO BE DETERMINED PRIOR TO CONSTRUCTION. ONLY MATERIALS TO BE USED SHALL BE NO. 12 GAUGE ALUMINUM OR VINYL. FINAL DESIGN SHALL INCLUDE ALL ALL STRUCTURAL CALCULATIONS. ALL FASTENERS SHALL BE STAINLESS STEEL. RETAINING WALL SECTION GROUND ELEVATION 12" CONCRETE CAP 12 GAUGE ALUMINUM OR SEWALL GRADE VINYL SHEETING ELEVATION VARIES f4.5' NAVD 6'- -I VARIES " ALUMINUM 8" BUTT PILING X 12' LG. @6'-0" C/C RETAINING WALL 4400 BELLE GROVE DRIVE dyko FT. PIERCE, FL. 349S1 VaI PHONE: 772-530-8261 slgn FAX: 772-464-13B3 roue, LLC enginpod225@aol.com ENGINEERS, PLANNERS & CONSTRUCTION MANAGERS STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO. 29610 FTP 25 FTP 26 5' SIDEWALK PARKING SPACE DETAIL N.T.S. TOP BAFFLE CONST. SECTION C.A.F INV ELEV. CONST, HALF) SECTION 24" C.A.P. II ADA RAMP WITH 5'x2' DETECTABLE WARNING SURFACE PER DOT INDEX 304 CONCRETE RUBBLE RIP -RAP MIRAFI 50OX FABRIC SECTION A -A PLAN VIEW SPREADER SWALE TOP ELEV. STORM MANHOLE/EXFILTRATION TRENCH DETAIL BY DATE DESIGNED RML 6-30-09 CALCS. DRAWN RML 6-30-09 DETAILED CHECKED RML APPROVED THE ATLANTIC SITE PLAN DETAILS SINGLE WHITE 6" STRIPE mz4I2 W;i :7IrI:►1:7r7�11A1rjlli>��I�d�■:�x ► • ::. DATE: 6/30/09 HORIZ. VERT. SCALE: NONE SCALE: NONE JOB NO. 09-001 SHEET 5 OF 6 Packet Pg. 192 10.B.1.i 5 3/4" z N N A 2 1 /4" 2 1 /4" I 14- m- N t 2"1 2"-1 N � 0 Do TYPE "E" GRATES ARE CASTED IN TWO SECTIONS TYPE INLET DIMENSION MAX. SIZE R.C.P. A B C D E C 2'-0" 3'-1" 2'-4" 3'-0" 11" 18"/24" E S-O" 4'-6" 3'-4" 4'-4" V-5" 24"/42" aoI FOR 2'; r2 1/2" NOTE: {1} 2004MSTANDARDS INDORE EX NO. 232N SEE T PLAN 1 1/2" 1"� A 5 3/4" GRATE 1 1/2" GENERAL NOTES BEVELED EDGES: ALL EXPOSED CORNERS AND EDGES TO BE CHAMFERED 3/4" FOUNDATION MATERIAL: WHERE MATERIAL UNSATISFACTORY FOR FOUNDATION IS ENCOUNTERED AT FLOW LINE, OMIT FLOOR AND CARRY WALLS DOWN TO SATISFACTORY FOUNDATION. BACKFILL TO FLOW LINE WITH CLEAN SAND. GRATES: CAST IRON GRATES TO BE U.S.F. NO. 6212 IN ACCORDANCE WITH FLA. D.O.T. SPECS. FOR TRAFFIC BEARING GRATES. SEE GENERAL NOTES SECTION TYPE "C" & "E" INLETS N.T.S. RIM EL. PER PLAN 22-1/4" 1-1/2" eeee e ee eee o 0 2 9 0 0 9 e e e e e e M e e STOR2 9 9 o 0 0 0 0 e e e e e e e e e e I� " " I_ 32�I _I U.S.F. #125 RING & COVER N.T.S. *REF U.S.F. #170E 43 0 0 0 0 0 0 31 0000 O O O O O O O Q O O O O OOC=O 0 35 3/4 GRATE 1 /2" 0 X 2 1/2" LG. / GALVANIZED BOLTS 4 �6 TO 9 5 7/8 2" R 24 5/16 31 17 3/4 1 1 /4 4 - 7/8" DIA. ANCHOR HOLES 6 NOTES: 1- MATERIAL: ASTM-A48 CLASS 30B GRAY IRON. 2- FRAME WT. 195 LBS. APP. 3- GRATE WT: 215 LBS. APP. 4- HOOD WT. 125 LBS. APP. YC2 U.S FOUNDRY 5130-6168 HOOD & GRATE N.T.S. DIMENSIONS AND QUANTITIES See General Note No. J. See Sheet 5 Of 6 For 3" Slab Quantities Values shown for estimating pipe quantities and are for information only. D X A 8 C E F G N ■ M N 5 j ' CONCRETE SLAB (CY J 0 SODDING { SO. YDS. J Single Double Triple Quad. Single Double Triple Quad. Single Double Triple Quad. Pie Pie Pie Pie Pipe Pipe Pipe Pipe Pipe Pipe Pipe Pipe 1:2 Slope 15PI2 -7 1.92 2.18 4.10 2.0p 51 1.22 2.9 12.37' " 2'-10 1.97 2.74' 4.T1' 2.56' 6 !.4! 'V[ 24" 3'-5" 2.06, 3.85' 5.91, T56 7 l.73 15,75' " 4 3 2.15 4.95 7.10 8 2.00 36" 5'-1" 2.25' 6.08, 8.33' 5.56' 9 2.24 3.4` ' ' 21.92' 6 0 2,34 6.56 !0 2.45 48" 6'-9" 2,43' 8,33' 10.76' 7.56 11' 2.65' 7 -8 2.52 9.44 11.96 8.56 12 2.83 ' 81 6 2.62' 10.56 l3.18 9.56 14 3.00 4.4' T72 9 2 2.71 I1.68 l4.39 ID.56 15 3.18 4.4' !0' O 2.80' IS.sO I1.56 16' 3.30 4.4' 1.4 Slope 15" 2'-7 2.27' 4.09' 6.36` 4.03, 8 1.22' 4.0' " 2 !0 2.35 5.12 5.03 9 1.41' g L 6.42' � 6.25' Dimensions permitted to allow use of B'standard pipe lengths. OlO.4O' 010.10' Dimensions permitted to allow use of !2'standard pipe lengths. DO Concrete slab shall be deepened to farm bridge across crown of pipe. See section below. 24 r 3'-5 2.53' 7.18 9.71' 7.03'o I!` 1.73' r 1 0.85 4'-3 2.70' 9.25' 11.95 9.03' 13 2.00 J61, 5'-1" 2.67' 11.3! 14.18 I1.03 15` 2.24 11 6'-0 3.05, 13.37' 16.42 13.03 17' 2.45 " 6'-9" 3.22' 15.43` 18.65 15.03 19, 2.65 " 7'-811 3.39' 17.49' 20.88 17.03 21' 2.83 601, 81-6" 3,56' 19.55' 23.11 19.03' 23, 3.00 " 9'-2 3.73' 21.62 25.35' 21.03 25' 3.18 9.58` 18.75' 27.32` 37.08' l.54' 2.88 5.54 8.18 10.84 49 59 69 80 72" 10' 0 3.9!' 23.68 2T.59 23.03 2T 3.3D 4.0' 10.16 2OJ6 30.16 40.16 1.58 3.54 6.6! 9.87 l3.13 52 63 74 85 Sod 1' Beveled Or Round Corners ----I -- - - \ I Concrete Slab, 3" Or Thick, I. 6x - Reinforced With WWF 6x6-W1.4xW1.4 � s' Sao, TOP VIEW -SINGLE PIPE Geh/epe yar/e Loc. Ref. a/Notes Naee A 3" Or 5" 0 s. /& C Deepen Around Outside Edge Of Pipe For 5g Slab Concrete o PIAe Connector \ Saddle L� 2' Not Less Thor? No Plpe Joint Permitted �4 Bares Unless A roved B the En fneer y� E Paid For As Pipe Culvert F ( Pipe To Be Included Under Unit Price For Mitered End Section) SECTION Sod l' Beveled Or Round Corners - - - _ � - ---_� - - - - 1-1 I / � I ---------- Side Ditch Grade J 5'Sod )e: 1.4 Miter. To g Pipe For Pipes 18" And Smaller. 1.2 For Pipes 24" And Larger. 1:2 Miter: To g Pipe For Pipes 18" And Smaller. 1:1 For Pipes 24" And Larger. Concrete Slab, 3" Orx Thick, Sod----, 6 Reinforced Wlth WWF x6-W1.4xWI.4 TOP VIEW -MULTIPLE PIPE NOTE: See sheet 6 for details and notes. MITERED END SECTION FOR CONCRETE PIPE - F.D.O.T. INDEX #272 - 8" BRICK OR NON -REINFORCED CONCRETE OR 6" REINFORCED CONCRETE ONE CAGE #4 0 12" CTRS. BOTH WAYS IN CENTER 1/3 0 CONCRETE WALL COMPUTER FII F RFF_ FIELD BK./PG. W it 7 9" CTRS. >`0 OVIM YYATS STORM MANHOLE 12" R PAVEMENT SECTION 1 1 /2'R BASE R N SUBGRADE #4 BARS CONT. NOTE: ALL CURBS TO BE SAWCUT 0 5' INTERVALS. HEADER CURB NOTE: CONCRETE SHALL BE 3000 P.S.I. 24" 1 1 /2"R A b' A ' R AP. A b n � ° .'A a A' ° a', ° NOTE: ALL CURBS TO BE SAWCUT 0 5' INTERVALS. VALLEY CURB NOTE: CONCRETE SHALL BE 3000 P.S.I. N.T.S. SEE PLANS (0 #8 BARS BOTH WAYS #8 BARS M THICKNESS 2'-0" OF WALL #6 0 6" CTRS. 1 1/2" OPTIONAL KEY BOTH WAYS NOTE: CAST IRON LID TO BE U.S.F. NO. 125 MANHOLE TOP ( TYPE 7- T ) ( DOT 201 ) STORM MANHOLE LID 4400 BELLE GROVE DRIVE Vadyko FT. PIERCE, FL. 34981 PHONE: 772-530-8261 eslgn FAX: 772-464-1383 coup, LLC enginpod225@aol.com ENGINEERS, PLANNERS & CONSTRUCTION MANAGERS STATE OF FLORIDA CERTIFICATE OF AUTFORIZATION NO. 28610 BY DATE DESIGNED RML 6-30-09 CALCS. DRAWN RML 6-30-09 DETAILED CHECKED RML APPROVED 6" PAVEMENT SECTION - 2" R' 00 . BASE �• SUBGRADE D. TYPE "D" CURB NOTE: CONCRETE SHALL BE 3000 P.S.I. 3„ R 2" R o I 3/4" R � z = N � n 2'-0" * NOTE: WHEN USED ON HIGH SIDE OF ROADWAYS, THE CROSS SLOPE OF THE GUTTER SHALL MATCH THE CROSS SLOPE OF THE ADJACENT PAVEMENT AND THE THICKNESS OF THE LIP SHALL BE 6", UNLESS OTHERWISE SHOWN ON PLANS. TYPE "F" CURB VARIES NOTE: CONCRETE SHALL BE 3000 P.S.I. 1 1/2" CHAMFER SIDEWALK PAVEMENT SECTION NOTE: PLEASE REFER TO F.D.O.T. INDEX #310 FOR SIDEWALK CONSTRUCTION VARIES 4" 2" FIBERM�SH 0 2" 1.5 LB C.Y. 2% TYPICAL d v v' v v57 COMPACTED SUBGRADE - 95% MAX. DENSITY PER AASHTO T-991 1 /4" 1 /8„ -1/2" v o o p N, p P v. , 1 4 R a 1 4 R ' j 1/4"R v V V 1/2" PRE -MOLDED EXPANSION JOINT MATERIAL TYPE "A" TYPE "B" TYPE "C" SIDEWALK JOINTS TABLE OF SIDEWALK JOINTS TYPE LOCATION „A" AT P.C. AND P.T. OF CURVES AND AT JUNCTION OF EXISTING AND NEW SIDEWALKS. "B" 5'-0" CENTER TO CENTER ON NEW SIDEWALKS. WHERE NEW SIDEWALK ABUTS CONCRETE CURBS, DRIVEWAYS AND SIMILAR STRUCTURES SIDEWALK CONSTRUCTION SIDEWALK CONSTRUCTION DETAILS N.T.S. THE ATLANTIC SITE PLAN DETAILS DATE: 6/30/09 HORIZ. SCALE: NONE VERT. SCALE: NONE JOB No. 09-001 SHEET 6 OF 6 Packet Pg. 193 x�F o'�tm�'�x `RRx Z1 "44vN-mmop;� ben Z �8�zq ^a99O eyx z goo=t� �m��mp=m�o Wp m eC� so 4 S�nmF= X x N Cx qm gM m Ci gqq ' 8 / o z y?8 = I �4 H m m o O i ¢n / 590.]6' a laaaelK� a„.e» 9 p,96yS ��tly, 'T)S trt. ae me. r— zno) a - .d R 5 lz C TM9 � kA Zj- m yr� (n :atcs�� 3$v €$i:9 A �"a ez "- �`e ' �ave�'¢�SFU§��� m o 68�o $ �aadVIX-AAA z n g os n :6 E$ Fag 9oaFz F� R" qmq oo4"a �'a o D iz D F $>� ks..a= r R a� gym•:^k>; go to $bs� y A 4 • ' u - pie kZ eo @ x a n F� n xy RR 2 Aid 8F;_f :e 8 10.B.1.j I Ad Packet Pg. 194 1 Landscape Requirements: Vehicular Use Area along Property Lines 95 Linear ft. along north property line 80 Linear ft. along south property line 175 / 30 = 6 Trees Required Interior Vehicular Use Area: 55,757 square feet total Vehicular Use Area 55,757 / 18 = 3,098 square ft. required Landscape Area 3,098 / 180 = 17 Trees Required Total Landscape Area Required = 3,098 Square Ft. Total Trees Required = 23 PLANT SCHEDULE TREES BOTANICAUCOMMON CONT CAL 51ZE QTY BUR Bursera simaruba / Gumbo Limbo G5 gal 3" DBH 1 4-1 G' HT 8 COU Coccooba uvifera / Sea Grape G5 gal 3" DBH 14'-1 G' HT G Standard COP Cocos nucifera / Coconut Palm B * B 12'- 1 8' CT GO COE Conocarpus erectus / Green Buttonwood G5 gal 3" DBH 1 4'- 1 G' HT 13 Standard 5P Sabal palmetto / Cabbage Palm B * B 1 2'-1 8' CT 55 SHRUBS BOTANICAUCOMMON CONT QTY CHR Chrysobalanus icaco / Red Tipped Cocoplum 7 gal GO 48" HT, Full Preliminary Plant List for common areas and buildings Quantities and final design provided prior to BOCC action. TREES BOTANICAUCOMMON CONT QTY BOU Bougainvillea glabra / Purple Bougainvillea 25 gal 12 CAM Ilex vomitoria / Yaupon Holly 3 gal 1200 CHR Chrysobalanus icaco / Red Tipped Cocoplum 3 gal 420 3G" OA, Full COC Coccoloba uvifera / 5ea Grape 15 Gal 125 3G" OA, Full COS Conocarpus erectus / Silver Buttonwood G5 gal 40 FIM Iva imbricata / Beach Elder I gal 400 Full 1`5E Forestiera segregata / Florida Privet 3 gal 200 24" OA, Full 5P13 5partina bakeni / Sand Cord Grass 3 gal 80 Upland Buffer Plant Mix Landscape Architect will field site the plant material to create a natural plant arrangement based on final field conditions. BOTANICAUCOMMON CONT QTY Uniola paniculata / Sea Oats I gal I ,G08 30" OC Ernodea Iittoralis / Beach Creeper I gal 1 , 185 24" OC Ipomea pes-caprae / Railroad Vine I gal 351 3G" OC Coccoloba uvifera / Sea Grape 3 Gal 200 iCrawels Argusa gnapholodes / Sea Lavender 3 Gal 40 3G" OC Landscape Notes: 1. All plants shall conform to established nursery grades and standards, to be Florida No. 1 or better, and shall be free ofdisease sand insects at the time of installation. 2. Trees shall be a minimum of (12) feet in height and have a caliper of two and one-half (2 Yz) inches at four and one half (4 Yz) feet above the ground when installed. 3. All required trees, except palms, shall have a minimum of five (5) feet of clear trunk and a minimum five (5) foot canopy spread at the time of planting. 4. All palm trees shall have a minimum clear trunk of ten (10) feet when installed. Three palm trees are equal to one shade tree having a mature canopy spread of fifteen (15) feet. 5. Shrubs shall be a minimum of twenty-four (24) inches in height above grade immediately after planting. 25% of all shrubs shall be Florida native. 6. Groundcovers, other than grass, shall be planted in a manner as to present a finished appearance and reasonably complete coverage within four (4) months after planting. 7. Turf grass shall be installed using solid sod and shall be either Bahia or St. Augustine sod. 8. All landscape areas other than sod will be provided a mulch cover of at least three (3) inches. Cypress mulch shall not be used. 9. All landscaping within vehicular use areas shall be protected by a six inch non -mountable curb 10. All existing native vegetation found on the site and is not in direct conflict with the proposed building or parking areas shall be left undisturbed. A suitable protective barrier, constructed of metal, wood, safety fencing, or other durable material will be placed around the staked out locations of existing native vegetation. 11. No fill materials, construction materials, concrete, paint, chemicals, or other foreign materials shall be stored, deposited, or disposed of within any areas that have been staked or fenced off as being undisturbed native vegetation areas. 12. Existing understory shall be maintained in areas of undisturbed native vegetation. 13. All Category 1 exotic plant species will be eradicated from the site. 14. Conspicuous, durable barricades will be erected around each individual tree or areas of vegetation that are to be preserved. In the event that any protective barricades are removed or altered and land clearing or construction work is being conducted on the site, all work at the site will be stopped until the barriers are restored and any necessary corrective actions taken to repair or replant any vegetation removed or damaged as a result of these encroachments. 15. All landscaped areas shall be provided with 100% irrigation coverage. COME RE R FIELD BK./PG. RESOLUTION NO. 07— 247 AS RECORDED IN ST. LUCIE COUNTY, FLORIDA W� 0 n CV O AjAr If PLANNING -I- LANDSCAPE ARCHITECTURE 100 AVENUE A SUITE 2E FORT PIERCE, FLORIDA 34950 P A R C E L I SP 2 SP PROPOSED COE BULKHEAD 2 5' CONCRETE SIDEWALK P A R C E L 2 — REVISIONS — BY DATE Revised based upon DRC comments (12-10-15) DMH 1-6-16 � 50 E18 vN�� 12 cr\ '0 ,O O O O,\ O CIO 5P 2-1 COP 2 :5 T. 0 C IY .D .P ' A 50 3Ar VN\ 5P 5 COE 2 5P 5 PROPOSED BULKHEAD I 5' CONCRETE a cc 2 12 26 FT. WIDE STABILIZED EMERGENCY ACCESS � 50 E18 vN�� 12 cr\ '0 ,O O O O,\ O CIO 5P 2-1 COP 2 :5 T. 0 C IY .D .P ' A 50 3Ar VN\ 5P 5 COE 2 5P 5 PROPOSED BULKHEAD I 5' CONCRETE a cc 2 12 26 FT. WIDE STABILIZED EMERGENCY ACCESS BY DATE DRAWN DMH 11-5-15 CHECKED GB 11-9-15 APPROVED 2 2 C -150 IL3Ar -o� 3 2 SP 4 8 E�o� SNP i:im UPLAND BUFFER RANTED AREA 0. 4 ACRES �7 PRESE ZONE C( 51 Ia VN\1C QP UPLAND BUFFE PLANTED AREA .133 ACRES 20' DE DUNE CC S AREA BUR CHR 4 30 Vol 2 0 O Area t be planted with herbace U5 native grasses, 1.0 Sea Oats LNTIC DSCAPE PLAN TION LINE MAY V.D. 1988 1 J o V cn 0 DATE: 11-09-15 HORIZ. SCALE: 1 "=60' VERT. SCALE: N\A JOB No. SHEET 1 OF 1 Packet Pg. 195 10.B.1.1 7 ENVIRONMENTAL RESOURCES DEPARTMENT FINAL REPORT TO: Jeffrey Johnson, Planning & Services Department THROUGH: Amy Griffin, Environmental Resources Director FROM: Jennifer McGee, Senior Environmental Planner DATE: February 12, 2016 SUBJECT: The Atlantic Major Site Plan MJSP 1020104163 Background The 22.19-acre project site is located on South Hutchinson Island approximately 3/4 mile south of Frederick Douglas Memorial Park. The applicant proposes to construct 102 multi- family units in four buildings, with associated community recreational areas, parking and landscaping. The site consists of 12.60-acres of Category I mangrove wetlands, 6.24-acres of disturbed coastal dune and strand, and 3.35-acres of beach. The uplands onsite are highly disturbed with evidence of overwash and uprooted trees resulting from storm events. Uplands are primarily vegetated with Australian pine, Brazilian pepper, buttonwood, seagrape, seaside daisy, sea oats, and seashore saltgrass. Wetland jurisdictional determinations were conducted by the Florida Department of Environmental Protection (FDEP) and the Army Corps of Engineers (ACOE). Two (2) mangrove wetlands onsite were claimed, totaling 12.6-acres (W-1 located east of A1A totaling 12.48-acres and W-2 located west of A1A totaling 0.12-acres). Per Comprehensive Plan Policy 6.1.14.6, these wetlands are considered Category I due to their hydrologic connectivity; therefore, any impacts require a waiver from the Board of County Commissioners. Findings The project will impact 1.21-acres of Category I mangrove wetlands and 0.86-acres of the required 50 foot upland buffer (56,181 square feet or 1.29-acres), primarily associated with the entrance road. Mitigation for these impacts will be provided through onsite wetland enhancement and purchase of credits at an approved mitigation bank. Flushing culverts are proposed along the entrance drive to maintain hydrologic connectivity and ecological function of the onsite wetlands. Staff encouraged the applicant to work with neighboring developers to create a shared access to reduce wetland impacts throughout the development review process; however an agreement between the applicant and the adjacent property owners was not able to be reached. The remaining 11.39-acres of Packet Pg. 196 10.B.1.1 wetlands will be preserved via a conservation easement, restored and maintained in perpetuity per the approved Preserve Area Monitoring and Management Plan. A total of 2.99-acres of native upland habitat will be restored and preserved. This includes 1.39-acres of coastal strand, 1.17-acres of coastal dune, and 0.43-acres of upland buffer mitigation area. All onsite preserve areas will be placed under a conservation easement and maintained in perpetuity consistent with the approved Preserve Area Monitoring and Maintenance Plan dated February 2016. The proposed development will not impact any vegetation meeting the mitigation thresholds outlined in Land Development Code 6.00.05.D; therefore no individual tree mitigation is required. No evidence of listed species were observed during the preliminary site inspection. A Sea Turtle Protection Plan dated January 2016 has been reviewed and approved by the Environmental Resources Department. A Landscape Plan prepared by Boggs Planning & Landscape Architecture dated 1/6/16 has been reviewed and approved by the Environmental Resources Department. Conditions of Approval 1) Prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, an executed Conservation Easement, approved Preserve Area Monitoring and Management Plan (PAMMP) and Sea Turtle Protection Plan (STPP) with an attached affidavit and cashier's check (payable to the Clerk of the Court for recording fees) to the County Attorney. The applicant shall also provide a digital shapefile of the conservation easement to the County. A copy of a standard Conservation Easement can be found on the St. Lucie County Environmental Resources Department website at: http://www.stlucieco.gov/pdfs/Conservation Easement Form.pdf. 2) Prior to issuance of a Vegetation Removal Permit of Exemption, the applicant shall provide a detailed Dune Restoration Plan, including proposed height, slope, grain size, restoration schedules and methods and restrictions on the dune preservation area including details regarding the dune crossover. 3) Prior to the issuance of a Certificate of Occupancy, a registered Florida architect or engineer shall conduct a nighttime survey with all of the beachfront lighting turned on and provide a report of the inspection to the Environmental Resources Department as outlined in the approved Sea Turtle Protection Plan. If any violations of the sea turtle lighting code are identified a Certificate of Occupancy shall not be issued until all violations have been corrected. 4) Prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the developer, successor or assignee shall provide proof of an escrow account or account held in reserve acceptable to the County Attorney, for the cost of total dune reconstruction and perpetual dune maintenance per the approved Preserve Area Mitigation, Monitoring, and Maintenance Plan. 5) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall include the following information within the Property Owners' Association documents: 2 Packet Pg. 197 10.B.1.1 a. Restrictions on any encroachment into the preserve areas, as well as restrictions on vegetation removal outside the building pad areas. b. References to the Preserve Area Monitoring and Management Plan and Sea Turtle Protection Plan. c. Disclosure regarding the COBRA zone designation for this property. d. Mechanism for perpetual financial responsibility of the Property Owners' Association for future dune maintenance. 6) Prior to issuance and a Vegetation Removal Permit or Exemption, an updated wetland jurisdictional determination and/or permit shall be submitted from Army Corps of Engineers. If the location of the Army Corps of Engineers jurisdictional wetland line creates any inconsistency with the approved site plan an adjustment to the site plan will be required. 7) Within 90 days of site plan approval all invasive exotic vegetation shall be removed 8) Prior to issuance of a Vegetation Removal Permit or Exemption, listed species surveys including but not limited to gopher tortoise surveys shall be updated as required per state and/or federal survey protocol. Should any listed species be found as a result of these updated surveys appropriate permits from state and federal agencies shall be required. 9) Prior to issuance of a Vegetation Removal Permit or Exemption, the developers, their successor or assigns, shall conduct a pre -construction meeting with construction personnel and Environmental Resources Department staff, addressing vegetation and water quality protection measures. 10)The issuance of County development permit does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 11)AII other applicable state or federal permits, including but not limited to Florida Department of Environmental Protection and Army Corps of Engineers permits, must be obtained before commencement of the development. Please contact Jennifer McGee at 772-462-3862 if you have any questions regarding the details of these requirements. 3 Packet Pg. 198 10.B.1.m EW CONSULTANTS, INC. NATURAL RESOURCE MANAGEMENT, WETLAND, AND ENVIRONMENTAL PERMITTING SERVICES TO: Jennifer Evans St. Lucie County, Environmental Resource Department FROM: Mary Lindgren EW Consultants, Inc. DATE: February 3, 2016 SUBJECT: The Atlantic - Environmental Impact Report Amendment This memo is to provide an update and amendment to the previously provided Environmental Impact Report (EIR) for this project. The EIR was prepared by a previous consultant and was most recently updated in January 2015. We have reviewed the EIR and find it to accurately reflect current site conditions with the exception of the wetland jurisdiction boundary. We updated the wetland jurisdiction line in September, 2015 and have met with Department of Environmental Protection (DEP) staff to confirm the updated boundary. DEP staff confirmed the boundary and issued a Non -binding Jurisdictional Wetland Determination in October, 2015. A copy of the DEP determination is attached. The project will result in impacts to 1.21 acres of wetland. We will be starting the permitting process with DEP and the U.S. Army Corps of Engineers (COE) in the near future and will present a detailed mitigation plan as part of that process. It is anticipated that a small amount of credit will be generated by the wetland enhancement work that may be used to mitigate for wetland impacts. Any remaining mitigation requirement will be purchased at a permitted mitigation bank with available saltwater credits and with a service area that includes this project. Please consider this memo and attachment an amendment to the EIR for the project. A copy of the previously prepared EIR is also attached. Attachments 1. DEP October 2015 Wetland JD 2. January 2015 EIR 601 HERITAGE DRIVE, SUITE 124 • JUPITER, FL 33458 • 561-623-5475 • FAx 561-623-5481 WWW. EWCONSULTANTS.COM Packet Pg. 199 as pePart 140 Florida Department of o Environmental Protection ina SOUTHEAST DISTRICT OFFICE L 3301 GUN CLUB ROAD, MSC 7210-1 WEST PALM BEACH, FL 33406 `ryPntal p' 561-681-6600 October 19, 2015 Southhall-Milhess, Inc c/o Brian O'Connell, Esquire 515 N Flagler Drive, 20th Floor West Palm Beach, FL 33401 Sent via email: boconnellkciklinlubltz.com RE: Non -binding Jurisdictional Wetland Determination File Name: Southhall-Milhess, Inc File No.: 56-0338143-001 Parcel Numbers: 2529-231.0002-000-4:2; 2529-231-0001-000-7 Dear Mr. O'Connell: Rick S 10.B.1.m Governor Carlos Lopez-Cantera Lt. Governor Jonathan P. Steverson Secretary On September 16, 2015, the Department received your request that a non -binding jurisdictional determination be performed on two (total 22.2 acre) vacant undeveloped parcels. The site is located within mangrove wetlands contiguous to and tidally influenced with the Indian River, Jensen Beach to Jupiter Inlet Aquatic Preserve, Outstanding Florida Water, Class II Waters, adjacent to two vacant parcels along Highway AIA, South Hutchinson Island, at Parcel ID 2529- 231.0002-000-4:2; 2529-231-0001-000-7, Ft. Pierce (Section 29 Township 35 South, Range 41 East), in St. Lucie County (Latitude N 27' 24' 19.00", Longitude W 80' 16' 04.00"). An aerial photographic review of the subject site as well as a site visit was conducted by Department staff on October 5, 2015. Based on this information, all or part of the area lies within the lines of our current wetland jurisdiction as defined in Florida Administrative Code (F.A.C.), Rule 62-340. Any work in these wetlands, including clearing, filling, and single-family home construction, will require authorization from DEP. Department staff is available to assist you in determining the level of authorization needed and what steps are involved. Copies of the Joint Application for the authorization can be found at http://www.dep.state.fl.us/water/wetlands/eip/fonns.htm. Please be advised that this correspondence is an informal pre -application jurisdictional determination and does not in any way bind the Department or its employees, nor does it convey any legal rights, expressed or implied. Persons obtaining this informal pre -application jurisdictional determination are not entitled to rely upon it for purposes of compliance with provisions of law or Department rules. A binding jurisdictional can be obtained by petitioning the Department for a jurisdictional declaratory statement pursuant to FAC Rule 62-340.300 or by applying for an environmental resource permit. www. dep. state. fl. us Packet Pg. 200 10.B.1.m File Name: Southhall-Milhess, Inc File No.: 56-0338143-001 Page 2 of 3 A copy of this letter also has been sent to the U.S. Army Corps of Engineers (USACOE) for review. The USACOE may require a separate authorization. Please contact them at the Palm Beach Gardens Regulatory Field Office at (561) 472-3530, (561) 472-3504 if you have any questions about the USACOE review. Failure to obtain authorization prior to construction could subject you to enforcement action by that agency. You are hereby advised that authorizations also may be required by other federal, state, and local entities. This authorization does not relieve you from the requirements to obtain all other required permits and authorizations. Thank you for applying to the Submerged Lands and Environmental Resource Permit Program. If you have any questions regarding this matter, please contact Cindy Lott at the letterhead address or at (772) 681-467-5560 or by email at cynthia.lottndep.state. fl.us. Executed in Palm Beach County, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Monica Sovacool Environmental Manager Submerged Lands and Environmental Resource Program Enclosures: Site location Map and Wetland Delineation Exhibits, 5 pages Copies furnished to: Cindy Lott, FDEP/SED/ERP/Permitting, cynthia.lottndep.state. fl.us Irene Arpayoglou, FDEP/SED/ERP/C&E, irene.arpayo lg oukdep.state.fl.us USACOE- Palm Beach Gardens, FDEP-SP(cusace.army.mil Mary Lindgren, EW Consultants, Inc., mind rgrengewc;onsvttants.com CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this determination, including all copies, was mailed before the close of business on October 19, 2015 , to the above listed persons. Packet Pg. 201 10.B.1.m File Name: Southhall-Milhess, Inc File No.: 56-0338143-001 Page 3 of 3 FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to 120.52(9), Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. 10/19/2015 Clerk Date Oculus: ERP/Permitting Authorization/ERP 338143/Permit Final/Formal Determinations-FD/001 Packet Pg. 202 110.B.1.m I Causeway f auk as Island 68 Sg�'I'IaY Dr 9 0 12 R Hutchinson Island cr+ O rn ;ro Q 1 of 5 QD Ff f �tAAii V 0 1p Q -A C 2015 HERE ©AND 0 2015 Microsoft Corporation LEGEND ® - SITE (22.2+/- AC) o 4,000 Feet THE ATLANTIC LOCATION MAP CONSULTANTS. INC. EW CONSULTANTS, INC. AUG 2015 601 HERITAGE DRIVE, SUITE 124 FIGURE JUPITER, FLORIDA 33458 561.623.5475 FAX 561.623.5481 WWW.EWCONSULTANTS.COM Packet Pg. 203 10.B.1.m 4, '� Y�f^J :��'::.:�" � �qmi rin::..:" �• - ti: � M���e . ���=ax: tptmn .t , �.■��. ! E 2 of 5 �.. _. y,•_�..w �dsncf r.. �... H E ATLANTIC 33 OCEAN „wk�...:R -Vhr 12 I ;i�cti t •' ,�..�. � verb �' �w+ �? ,J{ 1 •� •S `5 T'" �ti'ti\ ! i Z _ ^ / d Ste Fbf. s J _, k ,! y INDI-AN 9:L RIVER 7 . � ?lttk6kVs � J 27 - r.� -i 46 •5 ITEY.S t USGS QUAD MAP "FORT PIERCE", SECTION 29, TOWNSHIP 35 SOUTH, RANGE 41 EAST, = i w FORT PIERCE, ST LUCIE COUNTY, FLORIDA, LATITUDE 27'24'19" LONGITUDE—8016,04" 0 4000 LEGEND ' SCALE IN FEET - SITE (22.1 ± AC) THE ATLANTIC QUAD MAP Dr =L EW CONSULTANTS, INC. AUG 2015 601 HERITAGE DRIVE, SUITE 124 FIGURE JUPITER, FLORIDA 33458 561-623-5475 FAx 561-623-5481 W W W. EWCONSULTANTS.COM Packet Pg. 204 10.B.1.m W W W W W W W W W . W W W L-31 W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W WL-30 W W W W W W W W W W W W W W L-29 W W W W W W W W W W W W W W L-28 W W W W W W W W W W W W W W L-27 L-26 W W W W W W W W W W W W W W W L-25 W W W W W W W W W W W W W W W W W W W W W W W W W . W W W W W W WL-24 W W W W W W W W W W W W W W W WL-23 W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W WL-22 L-21 W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W L_20 W W L-19 W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W L18 . W W W W W W W W W W . W W W W W W W W WL-17 W W W W W W W W W W W W W W W W W W W W W .. W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W .. W W W W >�L-13 W WL-1 W W W W W W W W W W W W W W W W W WL-12 W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W WL 11 W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W L-10 W W W L-09 W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W L-08 W W . W W W W W W W . W W W W W W W W W L( W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W U W W W W W W W W W W... W W W W W W W W W W W . W W W L-O3 �y{y W W W W W W W W W W W WL-3 --3 W W W W W W W WL-42 WL SW W W W W W W W W W W W W W W W W L-02 WL-41 W W W W W W W W W W W W W W _ L-40 JLd H w ST LUCIE COUNTY AERIALS DATED 2014 0 200 LEGEND SCALE IN FEET' 3 WWWWW - WETLAND AREA (12.6± AC) 0 Q d H 4of5 THE ATLANTIC WETLAND MAP �EW CONSULTANTS, INC. Packet Pg. 206 1 10.B.1.m 5 of 5 WL-01 N27 24.232 W80 15.997 WL-02 N27 24.236 W80 16.000 WL-03 N27 24.245 W80 16.006 WL-04 N27 24.255 W80 16.007 WL-05 N27 24.258 W80 16.008 WL-06 N27 24.259 W80 16.008 WL-07 N27 24.263 W80 16.012 WL-08 N27 24.269 W80 16.017 WL-09 N27 24.279 W80 16.025 WL-10 N27 24.282 W80 16.025 WL-11 N27 24.286 W80 16.025 WL-12 N27 24.294 W80 16.025 WL-13 N27 24.300 W80 16.029 WL-14 N27 24.297 W80 16.034 WL-15 N27 24.300 W80 16.037 WL-16 N27 24.309 W80 16.040 WL-17 N27 24.310 W80 16.035 WL-18 N27 24.313 W80 16.033 WL-19 N27 24.323 W80 16.037 WL-20 N27 24.325 W80 16.041 WL-21 N27 24.330 W80 16.042 WL-22 N27 24.331 W80 16.044 WL-23 N27 24.338 W80 16.043 WL-24 N27 24.341 W80 16.044 WL-25 N27 24.346 W80 16.048 WL-26 N27 24.350 W80 16.056 WL-27 N27 24.353 W80 16.055 WL-28 N27 24.357 W80 16.053 WL-29 N27 24.362 W80 16.057 WL-30 N27 24.368 W80 16.056 WL-31 N27 24.381 W80 16.057 WL-32 N27 24.386 W80 16.062 WL-33 N27 24.234 W80 16.105 WL-34 N27 24.234 W80 16.107 WL-35 N27 24.235 W80 16.110 WL-36 N27 24.240 W80 16.114 WL-37 N27 24.241 W80 16.114 WL-38 N27 24.242 W80 16.115 WL-39 N27 24.241 W80 16.115 WL-40 N27 24.233 W80 16.137 WL-41 N27 24.234 W80 16.136 WL-42 N27 24.238 W80 16.137 THE ATLANTIC WETLAND POINTS EW CONSULTANTS, INC. Packet Pg. 207 1 10.B.1.m THE ATLANTIC SOUTH HUTCHINSON ISLAND PROJECT SITE St. Lucie County, Florida Environmental Impact Report —4ppha - Revised January 2015 Prepared for: Brian M. O'Connell, Esq. c/o Ladyko Design Group, LLC 4400 Belle Grove Drive Ft. Pierce, Fl. 34981 (772) 530-8261 Prepared by: Hobe Sound Environmental Consultants, Inc. 9512 SE Duncan Street Hobe Sound, FL 33455 (772) 545-3676 Cell: (772) 260-0857 E-Mail: bobhsenv@gmail.com (L L 0 a F- T r O N U) W r L 0 Q N� Y V Q E a� E a 0 L c w E m 0 r a+ C m E 0 r a Packet Pg. 208 10.B.1.m TABLE OF CONTENTS Section Description PalZe 1.00 INTRODUCTION ............................................... 1 2.00 AGENCY CONTACTS ........................................... 1 3.00 METHODOLOGY .............................................. 5 3.01 Gopher Tortoise and Other Burrow Commensals .................. 5 3.01.1 Objective ......................................... 5 3.01.2 Methodology ....................................... 5 3.02 Protected Species/Wildlife Survey .............................. 7 3.02.1 Objective ......................................... 7 3.02.2 Methodology ....................................... 8 3.03.2.1 Pedestrian Transects ........................ 8 3.03 Vegetation Survey ......................................... 8 3.03.1 Objective ......................................... 8 3.03.2 Methodology ....................................... 8 3.04 Jurisdictional Wetlands..... .................................. 9 3.04.1 Objective ......................................... 9 3.04.2 Methodology ....................................... 9 3.05 Soils ......................................... 10 3.05.1 Objective ......................................... 10 3.05.2 Methodology ....................................... 10 4.00 RESULTS .................................... I.... 10 4.01 Gopher Tortoise and Other Burrow Commensals .................. 10 4.02 Protected Species/Wildlife Survey ............................. 11 4.02.1 Protected Fauna ..................................... 11 4.02.1.1 Wood Stork Determination Key ................. 14 4.0201.2 Eastern Indigo snake Determination Key.......... 17 4.02.2 Protected Flora ..................................... 18 4.03 Vegetation(FLUCFCS)...................................... 18 4.03.1 General .......................................... 18 4.03.2 Vegetation Designations .............................. 19 4.03.2.1 Mangrove Swamp (612)....................... 19 4.03.2.2 Beaches(710) ............................... 19 4.03.2.4 Sand Other than Beaches (720)................. 19 4.03.3 Exotic Vegetation ................................... 19 4.03.4 Native Upland Habitat ..................... I ......... 22 4.03.5 Vegetation Protection ................................ 22 4.04 Jurisdictional Wetlands ...................................... 22 4.05 Vegetation and Wildlife Impacts ............................... 24 HSE #13-019.04 -i- January 2015 Packet Pg. 209 10.B.1.m 4.05.1 Vegetation Impacts .................................. 24 4.05.2 Wildlife Impacts .................................... 36 4.06 Soil and Water Conservation Plan .............................. 36 4.07 Plant and Animal Survey ..................................... 38 4.08 Surface Water Management Plan ............................... 38 4.09 Archaeological/Historical Resources ............................ 39 5.00 EXECUTIVE SUMMARY .......................................... 39 LIST OF FIGURES Figure # Description Page 1 of 16 Vicinity Map .......................... I ............. .. 2 2 of 16 Location Map .......................................... 3 3 of 16 2012 Aerial Photograph ......................................... 4 4 of 16 Pedestrian Transect Location Map ................................. 6 5 of 16 Wood Stork Rookeries .......................................... 13 6 of 16 Vegetation (FLUCFCS Map) ..................................... 20 7 of 16 Exotic Coverage Map .......................................... 21 8 of 16 Wetland Location Map .......................................... 23 9 of 16 Wetland Impact Map .......................................... 25 10 of 16 50' Buffer and 25" Setback Map .................................. 26 11 of 16 Alternative Site Plan`A'........................................ 27 12 of 16 Alternative Site Plan`B......................................... 28 13 of 17 Alternative Site Plan`C......................................... 29 14 of 16 Proposed Site Plan .......................................... 30 15 of 16 Upland Impact Map .......................................... 33 16 of 16 Proposed Site Plan/FLUCFCS Overlay Map ......................... 35 17 of 16 Soils Map .......................................... 37 LIST OF TABLES Table # Description Page 1 Wildlife Observed During Protected Species Survey .................. 12 LIST OF APPENDICES Appendix Description Page A Agency Permits .................................. I ....... A-1 B Correspondence with USFWS.................................... B-1 C Protected Species Potentially Found in St. Lucie County ............... C-1 D Site Photographs ................... I...................... D-1 E UMAM Sheets ........................... I.............. E-1 HSE #13-019.04 January 2015 Packet Pg. 210 10.B.1.m LIST OF ATTACHMENTS Attachment Description Page A Environmental Assessment .................. _ ................. A-1 a+ a HSE #13-019.04 -iii- January 2015 Packet Pg. 211 10.B.1.m ENVIRONMENTAL IMPACT REPORT THE ATLANTIC SOUTH HUTCHINSON ISLAND ST. LUCIE COUNTY, FLORIDA 1.00 INTRODUCTION The following Environmental Impact Report for The Atlantic project site was prepared by Hobe Sound Environmental Consultants, Inc. (HSE). The project site consists of approximately 22.056 acres of land located east of State Road A-1-A (SR-AlA) and approximately 0.134 acres of adjacent land located on the west side of SR-AlA for a total assessment area of 22.19± acres. The subject parcels are located approximately 0.5 miles south of Blue Heron Boulevard, South Hutchinson Island ( Latitude: 27°24'18.129", Longitude:-80°16'04.586"). The site is situated in Section 29, Township 35S, Range 41E in St. Lucie County, Florida (Figures 1, 2 and 3 of 17). The purpose of this report is to provide the methodologies and findings of a scientific environmental assessment and associated impacts of construction on The Atlantic project site. This report addresses the following environmental issues: protected species, wildlife, vegetative communities, wetlands, soils, and topography. The Environmental Impact Report is based on a Environmental Assessment conducted by Hobe Sound Environmental Consultants Inc. in June 2013 and included as Attachment A. 2.00 AGENCY CONTACTS Robert Weigt (HSE) contacted, and is coordinating with, the following state and federal agencies: U.S. Fish and Wildlife Service (FWS), Florida Fish and Wildlife Conservation Commission (FFWCC), U.S. Army Corps of Engineers (COE), the State Historic Preservation Officer (SHPO) and the Florida Natural Areas Inventory (FNAI). Responses from these agencies are included in Appendix A. As more responses become available they will be forwarded to St. Lucie County Environmental Resources Department (ERD). HSE 13-019.04 EIR Page 1 of 40 January 2015 Packet Pg. 212 10.B.1.m NOTASURVEY a� - w O i N d�k0 4400 HELLEGROVEDRIVE Fr. PIERCE, FL.34981 P110NE: 772-530-8261 FAX: 772-464-1383 oup, LLC enginpod225Qaol.com p U ENGINEERS, PLANNERS & CONSTRUCTION MANAGERS STAn OFROMACEMFICATEOFANIIORI MONSIS610 4 pW�2 ai F C] � U H 3 SOURCE: DELORME STREET ATLAS USA, 2014 PLUS C7 } 3 3 ST LUCIE COUNTY SEC. TWP. R. HSE JOB NO.: I FLORIDA 29 35S 41E HSE 13-019.04 LATITUDE: 27024'18.129" LONGITUDE:-80016'04.586" ++, ° o THE ATLANTIC x ENVIRONMENTAL IMPACT REPORT (EIR) VICINITY MAP SCALE = NTS I& NORTH N 270 24' 18-1 2412 W8011 16""586" PARCEL to US: 252923100020004, 25292311 DRAWING NAME: DATE: FIGURE: 01- VICINITY.DWG 1 30 JANUARY 2015 1 1 OF 17 DESIGNED BY: FRP I DRAWN BY: FRP I CHECKED BY:RLIA HHobe Sound Environmental Consultants Inc. S 9512 SE Duncan Street Hobe Sound, FL. 33455 E(772) 545-3676, E-mail: bobbsenv@gmail.com Packet Pg. 213 10.B.1.m NOTASURVEY 4480 HELLE GRO VE DRIVE dyko FT. PIERCE, FL 34981 PHONE: 77237"Ml sign PA%:772d6-"- oup, LLC C°=E P°d225Qa°Lmm ENGINEERS, PLANNERS & CONSTRUCTION MANAGERS srnrc ornowoucr,nnncnrc ornurnoxvnnoeruai4 SCALE = NTS NORTH SOURCE: DELORME STREET ATLAS, 2014 PLUS PARCEL ID #S: 252923100020004, 252923100010007 ST LUCIE COUNTY SEC. TWP. R. HSE JOB NO.: DRAWING NAME: DATE REVISED: FIGURE: FLORIDA 29 35S 41E HSE 13-019.04 102-LOCATION.DWGI 30 JANUARY 2015 2 OF 17 LATITUDE: 27124'18.129" 1 LONGITUDE:-80°16'04.586" DESIGNED BY: FRP DRAWN BY: FRP I CHECKED BY:RLW THE ATLANTIC H Hobe Sound Environmental Consultants Inc. 9512 SE Duncan Street ENVIRONMENTAL IMPACT REPORT (EIR) S Hobe Sound, FL. 33455 LOCATION MAP E (772) 545-3676, E-mail: bobhsenv@gmail.com Packet Pg. 214 10.B.1.m J NOT A SURVEY y 0' 100' 200' 400' 800' 1111 OEUE GROVE DRIVE dyko FT. PIERCE, FL 36981 PHONE. 772-00-8761 FAX: 772464-1383 S1 oupLLC eogInpod225@,oI.ccm , j ENGINEERS, PLANNERS & CONSTRUCTION MANAGERS SCALE 1 " - 200' SIAIL OP FIARIMRRTIFIGiE OFAUf110AlSAT10Y F1M10 NORTH SOURCE: 2012 AERIAL PHOTOGRAPH, FDTO, ST. LUCIE COUNTY, FLOREDA PARCEL ED #S: 252923100020004, 252923100010007 ST LUCIE COUNTY SEC. TWP. R. HSE JOB NO.: DRAWING NAME: DATE REVISED: FIGURE: FLORIDA 29 35S 41E HSE 13-019.04 3 - 2012 AERIAL.DWC 30 JANUARY 2015 3 OF 17 LATITUDE: 27°24'18.129" LONGITUDE:-80°16'04.586" DESIGNED BY: FRP DRAWN BY: FRP CHECKED BY:RLW THE ATLANTIC H Hobe Sound Environmental Consultants Inc. 9512 SE Duncan Street ENVIRONMENTAL INIPACT REPORT (EIR) S Robe Sound, FL. 33455 2012 AERIAL PHOTOGRAPH E (772) 545-3676, E-mail: bobbsenv@gmail.com Packet Pg. 215 10.B.1.m 3.00 METHODOLOGY 3.01 Gopher Tortoise and Other Burrow Commensals 3.01.1 Objective Conduct a systematic survey to locate gopher tortoises (Gopherus polyphemus), Florida mouse (Podomys floridanus), eastern indigo snake (Drymarchon corais couperi), and Florida gopher frogs (Rana areolata) that may be present within the study area. 3.01.2 Methodology Biologists followed the survey protocol as recommended in Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large-scale Development in Florida; Non -game Wildlife Program, Technical Report #4, Florida Game and Fresh Water Fish Commission, now known as FFWCC, Tallahassee, Florida, December 1987, and the Gopher Tortoise Permitting Guidelines, FFWCC, Tallahassee, Florida April 2008m revised in 2013. • Biologists conducted parallel transects 10 meters (± 32 feet) apart (Figure 4 of 17); • Biologists conducted serpentine search patterns between the parallel transects; • All gopher tortoise burrows located were flagged as potentially occupied, if appropriate; • All gopher tortoise burrows located were assigned an identification number and recorded, if appropriate; • Biologists field located all gopher tortoise burrows on an aerial photograph, if appropriate; HSE 13-019.04 EIR Page 5 of 40 January 2015 Packet Pg. 216 10.B.1.m NOTASURVEY 0' 100' 200' 400' 800' 4400 BELLE GROVE DRIVE dyko FT. PIERCE, FL 34981 PHONE: 772-33D•6161 slgn F.:772464-1393 OUP, LLC e.0npod225Qaaal.cam ENGINEERS, PLANNERS & CONSTRUCTION MANAGERS srwrc orn.ov w aanncr[ ornvaoa¢nnovru4,1 SCALE • 1 " - 200' NORTH � ' f R i1.l i� 7 LEGEND PEDESTRIAN TRANSECTS SOURCE: 2012 AERLIL PHOTOGRAPH, FDOT, ST LUC1E COUNTY, FL. PARCEL ID NS: 252923100020004, 252923100010007 ST LUCIE COUNTY SEC. TWP. R. HSE JOB NO.: DRAWING NAIVE: DATE REVISED: FIGURE: 29 35S 41E FLORIDA HSE 13-019.04 04 - PED XECT.DWG 30 JANUARY 2015 4 OF 17 LATITUDE: 27°24'18.129" LONGITUDE:-80°16'04.586" DESIGNED BY: FRP DRAWN BY: FRP CHECKED BY:RLW THE ATLANTIC H Hobe Sound Environmental Consultants Inc. 9512 SE Duncan Street ENVIRONMENTAL IMPACT REPORT (EIR) S Hobe Sound, FL. 33455 PEDESTRIAN TRANSECT MAP .1.. E(772) 545-3676, E-mail: bobhsenv@gmail.com a+ a Packet Pg. 217 10.B.1.m • Additional data and notes were collected by biologists for the occurrence of the eastern indigo snake, Florida gopher frog, and the Florida mouse. 3.02 Protected Species/Wildlife Survey 3.02.1 Objective Conduct a systematic survey for flora and fauna that may occur on -site and note the presence of any protected species, listed in Florida's Endangered and Threatened Species, updated January 2013, FFWCC. The state lists of animals are maintained by the FFWCC and categorized as endangered, threatened and of special concern, and constitutes Florida Administrative Code Rules 68A-27.003 (endangered and threatened) and 68A-27.005 (species of special concern). The state lists of plants are categorized into endangered, threatened, and commercially exploited, and are maintained by the Florida Department of Agriculture and Consumer Services (FDACS). The state plant lists are statutorily designated via the Preservation of Native Flora of Florida Act (Title XXXV, Chapter 581, 581.185-187, Florida Statutes). The federal agencies that share the authority to list species as Endangered and Threatened are the National Oceanic and Atmospheric Administration -National Marine Fisheries Service (NOAA-NMFS) and the FWS. The NOAA-NMFS is responsible for listing most marine species. The federal list of plants and animals is administered by the FWS and is published in 50 CFR 17.11 (animals) and 50 CFR 17.12 (plants). The list is categorized into endangered species (E), threatened species (T), or endangered or threatened for similarity of appearance (E or T S/A). HSE 13-019.04 EIR Page 7 of 40 January 2015 Packet Pg. 218 10.B.1.m 3.02.2 Methodology Following are the methodologies biologists used to conduct the wildlife/protected species surveys. 3.02.2.1 Pedestrian Transects • Biologists conducted pedestrian transects on 18 September 2013 (Figure 4 of 17); • The transects meandered through areas of suitable habitat; • Biologists recorded and noted sightings, tracks, scat, tree markings, nests, cavities, and burrows. 3.03 Vegetation Survey (FLUCFCS) 3.03.1 Objective To map vegetation on -site according to The Florida Land Use Cover and Forms Classification System: A Technical Report (FLUCFCS). 3.03.2 Methodology Biologists used the following methodology to map vegetation found on the project site. • Biologists used The Florida Land Use Cover and Forms 1 Classification System: A Technical Report (FLUCFCS), January 1999 (Third Edition), State of Florida Department of Administration, Division of State Planning, Bureau of Comprehensive Planning; • Biologists based vegetative community descriptions on field surveys, Soil Conservation Service (SCS) soil maps, and aerial photograph interpretations; HSE 13-019.04 EIR Page 8 of 40 January 2015 Packet Pg. 219 10.B.1.m • Numerical community designations were carried to Level H and Level III, according to FLUCFCS. 3.04 Jurisdictional Wetlands 3.04.1 Objective To identify and locate State of Florida (FDEP) and Federal (COE) jurisdictional wetlands that may occur on the project site. 3.04.2 Methodology Biologists used the following methodologies to locate State of Florida and Federal jurisdictional wetlands on -site. • Biologists delineated wetlands according to Florida Administrative Code (FAC) 62-340, as appropriate; • Biologists delineated wetlands according to the COE Wetland Delineation Manual, January 1987, Technical Report Y-87-1, as appropriate; • Biologists flagged the wetlands with consecutively numbered flagged tape marked "Wetland Delineation", if appropriate; • Biologists completed COE wetland delineation data sheets, if appropriate. • Biologists used the Uniform Mitigation Assessment Method (UMAM), Chapter 62-345, SFWMD to assess the viability of on - site wetlands. HSE 13-019.04 EIR Page 9 of 40 January 2015 Packet Pg. 220 10.B.1.m 3.05 Soils 3.05.1 Objective To identify project soil types according to the United States Department of Agriculture, Soil Conservation Service. 3.05.2 Methodology Biologists used the following methodology to identify soil types found on the project site. • Soils were mapped utilizing the United States Department of Agriculture (USDA), Natural Resources Conservation Service (MRCS), Web Soil Survey 2.2, soils lying within St. Lucie County, Florida. 4.00 RESULTS 4.01 Gopher Tortoise and Other Burrow Commensals Biologists reviewed the subject parcel for the occurrence of suitable species specific habitats. Based on existing site conditions and following FFWCC survey protocol, no on - site suitable habitat currently exists for supporting populations of the gopher tortoise, Florida gopher frog, Florida mouse or southeastern beach mouse (Peromyscus polionotus niveiventris). Although historically a limited amount of southeastern beach mouse suitable habitat potentially existed along the parcels eastern property boundary, this area was severely impacted by 2004 hurricanes and no longer provides southeastern beach mouse habitat. Furthermore, the southeastern beach mouse is believed to be extirpated in this area, according to USFWS (Appendix B). There is, however, suitable habitat for the eastern indigo snake. HSE 13-019.04 EIR Page 10 of 40 January 2015 Packet Pg. 221 10.B.1.m 4.02 Protected Species/Wildtife Survey 4.02.1 Protected Fauna Wildlife species observed on -site during the protected species/wildlife survey are listed in Table 1. The only listed species observed on -site by biologists during the survey were the tri-colored heron (Egretta tricolor) and the brown pelican (Pelecanus occidentalis). The tri-colored heron and the brown pelican are listed as SSC (species of special concern) by the FFWCC. No avian rookeries, or colonial roosting sites were located on the subject parcel. The site is within 18.5 miles of two (2) known wood stork (Mycteria americana) nesting rookeries (Figure 5 of 17). As such, the USFWS and FFWCC consider the subject parcel within the core foraging range of wood storks residing in the rookeries. The on -site mangrove wetlands do provide roosting and foraging habitat for the wood storks. No wood storks were observed during the site surveys. The wood stork is designated as endangered (E) by the State of Florida and the USFWS. The wood stork is protected under regulations set forth in the Rules Related to Endangered and Threatened Species, Chapter 68A-27 FAC and federally protected under the Endangered Species Act of 1973. Any impacts to wood stork habitat must be justified and mitigated for to the satisfaction of the USFWS. The Wood Stork Key for South Florida dated 25 January 2010 and updated 18 May 2010, was utilized to ascertain whether the project would have an affect on the species. Please refer to Section 4.02.1.1 below for the results. The southeastern beach mouse was not observed on -site. According to correspondence with the USFWS, the southeastern beach mouse is thought to be extirpated in St. Lucie County (SLC) (Appendix B). Historically however, suitable HSE 13-019.04 EIR Page 11 of 40 January 2015 Packet Pg. 222 10.B.1.m Table 1. Wildlife Observed on The Atlantic Parcel Project Site During the Protected Species Survey (2013). A. Birds Common Name Scientific Name Protected Species State Federal Mourning dove Zenaida macroura --- --- Tri-colored heron Egretta tricolor SSC --- Northern cardinal Cardinalis cardinals --- --- Belted Kingfisher Ceryle alcyon --- --- Brown Pelican Pelecanus occidentalis SSC --- B. Mammals Common Name Scientific Name Protected Species State Federal Raccoon Procyon lotor --- --- Marsh Rabbit Sylvilagus palustris --- --- C. Reptiles Common Name Scientific Name Protected Species State Federal Green Anole Anolis carolinensis --- --- Brown Anole Anolis sagrei --- --- Six-lined racerunner Cnemidophorus sexlineatus --- --- a+ a HSE 13-019.04 EIR Page 12 of 40 January 2015 Packet Pg. 223 10.B.1.m NOT A SURVEY 4I I* BE GROVE DRIVE FT.%]ERCE, FL 34981S1 *Xko ign OUP, LLC PHONE: 17T.8-8261 FAX: 772-464-1383 en g1npodW@2a1.com ENGINEERS, PLANNERS & CONSTRUCTION MANAGERS —r OF"Loan. nRFI —TE OFAMIO ,nO.V—d *r■,,4 L i `L E �• ti.. . r'y • '"� "' ` .. NORTH FORK ROOKERY �:9.5 MILES ! 4 �.r _ 1. ," ■ •' SEWALL'S POINT _• • ...=. , } ROOKERY _ • _ • Oil *15.5 MILES d RJR' �_�• ' MAR T 11,-A ' _ � � _ �~ , J _ r �i ..•r .nrrw:r ���. r.r.�r.'�r' �rlrr .,..'. aW� r _ r • ;k ' r�lw �. i r• �, ! •� • � PIS r" �4 ` .:L— -- .' r -wi • i -r'+ # � w•• � r�h6 P>srA- L M - 4r w r � r � ti • NORTH Wood Stork Nesting Colonies and Gore Foraging Areas Active Within 200 2013 in Florida- 6 Ott0weg A40 Ede in FL 2044-2011(MFESO G16P0141 rrVOOLs atWd +n (SA 2004-2012 (NFESO Q;.90i 4) F i✓'f5`t ies f3 v4 rfi Si� 20VA.2010 (1 -Thai) 6M2014) r-am*ng area ow1vel'2Oo4-2013 (NPMO r/l 010 "Not1 twwTers3 miles ` Central buret 15 miles agM0 bluffer 16.6 c§le . i iorida cour leg Famging buffer mdias Central ooslnties: 15 miles South counbes: 18.6 miles BEACH OFFICE PARCEL ED 4S: 252923100020004. 25297,3100010007 1 UCIE DATE REVISED: I ST L FLORIDALINTY S29 35S 41E HSE 13 0 9 03 I05 - OOD STORK.DWG I 0 JANUA.RY 2015 I FIGURE: OF I LATITUDE- 27°24'18.129" 1 LONGITUDE:-80°16'04.586" DESIGNED BY: FRP I DRAWN BY.- FRP I CHECKED BY: RLW THE ATLANTIC H Hobe Sound Environmental Consultants Inc. ENVIRONMENTAL IMPACT REPORT lR 9512 SE Duncan Street S Hobe Sound, FL. 33455 WOOD STORK ROOKERY LOCATION MAP E (772) 545-3676, E-mail: bobhsenv@gmail.com Packet Pg. 224 10.B.1.m habitat could have existed within the coastal dune habitat. There is habitat on-stie, however, for the eastern indigo snake (EIS). The EIS Determination Key was utilized in Section 4.02.1.2 below to determine the likelihood of the development having an adverse affect on this species. The eastern portion of the project site provides nesting habitat for sea turtles, including green (Chelonia mydas), leatherback (Dermochelys coriacea), hawksbill (Eretmochelys imbricata), Kemp's ridley (Lepidochelys kempii) and loggerhead (Caretta caretta) sea turtle species. A Sea Turtle Protection Plan (STPP) will be required by FDEP and St. Lucie County (SLC). According to the St. Lucie County Land Development Code, Section 6.04.02(E), a Sea Turtle Protection Plan (STPP) is required for: 1. All coastal development within jurisdictional boundaries (area between SR- A1A and the Atlantic Ocean) involving the installation of permanently mounted fixtures; 2. All coastal development conducted during the nesting season (March 1 through November 15) seaward of the primary dune or at night within jurisdictional boundaries, including site development, beach -dune preservation, stabilization, and restoration projects, and mechanical beach cleaning. This project and the required STPP must comply with the St. Lucie County Land Development Code, Section 6.04.02, Sea Turtle Protection th St. Lucie County Land Development Code (SLCLDC), Section 6.04.02(E). Protected species that potentially occur in SLC and their likelihood of occurrence within the project site are listed in Appendix C. 4.02.1.1 Wood Stork Key for South Florida A. Project within 0.76 km (0.47 mile)2 of an active colony site' .................................................................................."may affece" Project impacts Suitable Foraging Habitat (SFH) at a location greater than 0.76 km (0.47 mile) from a colony site.........................................."go to B" HSE 13-019.04 EIR Page 14 of 40 January 2015 Packet Pg. 225 10.B.1.m Project does not affect SFH....................................................... "no effect.'" B. Project impact to SFH is less than 0.20 hectare (one-half acres)' ....................................................................................................... "" NLAA' Project impact to SFH is greater in scope than 0.20 hectare (one-half acre).................................................................................................. go to C C. Project impacts to SFH not within the CFA (29.9 km, 18.6 miles) of a colonysite..........................................................................................go to D Project impacts to SFH within the CFA of a colony site....................go to E D. Project impacts to SFH have been avoided and minimized to the extent practicable, and compensation (Service approved mitigation bank or as provided in accordance with Mitigation Rule 33 CFR Part6 332) for unavoidable impacts is proposed in accordance with the CWA section 404(b)(1) guidelines and habitat compensation replaces the foraging value matching the hydroperiod' of the wetlands affected and provides foraging value similar to, or higher than, that of impacted wetlands. See Appendix 3 for a detailed discussion of the hydroperiod foraging values, an example, and further guidance .................................................................................. NLAA' Project not as above.................................................................. "may affect' E. Project provides SFH compensation in accordance with the CWA section 404)b)(1) guidelines and is not contrary to the HMG; habitat compensation is within the appropriate CFA or within the service area of the Service -approved mitigation bank; and habitat compensation replaces foraging value, consisting of wetland enhancement or restoration matching the hydroperiod of the wetland affected, and provides foraging value similar to, or higher than, that of impacted wetlands. See Enclosure 3 for detailed discussion of the hydroperiod foraging values, as example, and further guidance.............................................................................................. NLAA' Project not as above...................................................................... "may affect„ ' With an outcome of "no effect" or "NLAA" as outlined i th s key, and the project has less than 20.L1 hectares (50 acres) of wetlnan impacts, the requirements of section 7 of the Act are fulfilled for the wood stork and no further action is required. For projects with greater than 20.2 hectares (50 acres) of wetland impacts, written concurrence of NLAA from the Service is necessary. ' Within the secondary zone (the average distance from the border of a colony to the limits of the secondary zone is 0.76 km (2,500 feet, or 0.47 mi). HSE 13-019.04 EIR Page 15 of 40 January 2015 Packet Pg. 226 10.B.1.m HSE 13-019.04 EIR 'An active colony is defined as a colony that is currently being used for nesting by wood storks or has historically over the last 10 years been used for nesting by wood storks. Consultation may be concluded informally or formally depending on project impacts. ' Suitable foraging habitat (SFH) are wetland that typically have shallow -open water areas that are relatively calm and having a permanent or seasonal water depth between 5 to 38 cm (2 to 15 inches) deep. Other shallow non -wetland water bodies are also SFH. SFH supports and concentrates, or is capable of supporting and concentrating small fish, frogs, and other aquatic prey. Examples of SFH include, but are not limited to freshwater marshes, small ponds, shallow, seasonally flooded roadside or agricultural ditches, seasonally flooded pastures, narrow tidal creek or shallow tidal pools, managed impoundments, and depressions in cypress heads and swamp sloughs. 6 On an individual basis, SFH impacts to wetlands less than 0.20 hectares (one- half acre) generally will not have a measurable effect on wood storks, although we request that the Corps require mitgation for these losses when appropriate. Weed storks are a wide ranging species, and individually, habitat change form impacts to SFH less than one-half acre are not likely to adversely affect wood storks. However, collectively they may have an effect and therefore regular monitoring and reporting of these effects are important. ' Several researchers ((Fleming et al. 1994; Ceilley and Bortone 2000) believe that the short hydroperiod wetlands provide a more important pre -nesting foraging food source and a greater early nestling survivor value for wood storks than the foraging base (grams of fish per square meter) that short hydroperiod wetlands provide. Although the short hydroperiod wetlands may provide less fish, these prey bases historically were more extensive and met the foraging needs of the pre -nesting storks and the early -age nestlings. Nest productivity may suffer as a result of the loss of short hydroperiod wetlands. We believe that most wetland fill and excavation impacts permitted in south Florida are in short hydroperiod wetlands. Therefore, we believe that it is especially important that impacts to these shore hydroperiod wetlands within CFAs are avoided, minimized, and compensated fro by enhancement/restoration of short hydroperiod wetlands. s For this Key, the Service requires an analysis of foraging prey base losses and enhancements from the proposed action as shown in t e examples in Appendix 3 for projects with greater that 2.02 hectares (5 acres) of wetland impacts. For projects with less that 2.02 hectares (5 acres) of wetland impacts, an idividula foraging prey base analysis is not necessary although type for type wetland compensation is still a requirement of the Key. The project, as presented, is not likely to adversely affect (NLAA) the wood stork or its habitat as long as the area being impacted is mitigated for and replaces the function and value as foraging habitat of the wetland being impacted. This is proposed to occur via the purchase of credits in Bear Point Page 16 of 40 January 2015 a Packet Pg. 227 10.B.1.m Mitigation Bank, which is within the same core foraging area as the project site. 4.02.1.2 Eastern Indigo Snake Determination Key HSE biologists applied an Eastern Indigo Snake Determination key as follows, as per USFWS memo dated 25 January 2010 and updated January 5 2012. A. Project is not located in open water or salt marsh .......................... go to B Project is located solely in open water.........................................."no effect" B. Permit will be conditioned for use of the Service's Standard Protection Measures for the Eastern Indigo Snake during site preparation and Project const.....................................................................................................go to C Permit will not be conditioned as above for the eastern indigo snake, or it is not known whether an applicant intends to use these measures and consultation with the Service is requested..................................."may affect" C. There are gopher tortoise burrows, holes, cavities, or other refugia where a Snake could be buried or trapped and injured during project activities...............................................................................................go to D There are no gopher tortoise burrows, holes, cavities, or other refugia where a snake could be buried or trapped and injured during project activities............................................................................................."NLAA" D. The project will impact less than 25 acres of xeric habitat supporting less than 25 active and inactive gopher tortoise burrows .............................go to E The project will impact more than 25 acres of xeric habitat or more than 25 active and inactive gopher tortoise burrows and consultation with the Service is requested.................................................................................."may affect„ E. Any permit will be conditioned such that all gopher tortoise burrows, active and inactive, will be evacuated prior to site manipulation in the vicinity of the burrow. If an indigo snake is encountered, the snake must be allowed to vacate the area prior to additional site manipulation in the vicinity. Any permit will also be conditioned such that holes, cavities, and snake refugia other than gopher tortoise burrow will be inspected each morning before planned site manipulation of a particular area, and, if occupied by an indigo snake, no work will commence until the snake has vacated the vicinity of proposed Packet Pg. 228 10.B.1.m work................................................................................................... "NLAA, Permit will not be conditioned as outlined above and consultation with the Service is requested....................................................................."may affect, The proposed project will "not likely to adversely affect" (NLAA) the eastern indigo snake as conditioned, with an indigo snake protection plan. Prior to site development, the Applicant will prepare an Eastern Indigo Snake Protection Plan and coordinate same with staff members of the FWS and FFWCC 4.02.2 Protected Flora During the pedestrian survey, biologists did not observe any endangered or threatened species of plants listed by the Florida Department of Agriculture (FDA). State and Federally listed flora that potentially exist in St. Lucie County and their likelihood of occurrence with in the project site boundaries are listed in Appendix C. 4.03 Vegetation (FLUCFCS 4.03.1 General Vegetation associations present on -site were mapped using Levels II and III of FLUCFCS. The classifications used represent the closest facsimile possible to the natural community present. The FLUCFCS map is depicted in Figure 6 of 17. Classifications depicted on the map are briefly described below. Appendix D contains photographs of the various FLUCFCS designations located within the boundaries of the project site. HSE 13-019.04 EIR Page 18 of 40 January 2015 Packet Pg. 229 10.B.1.m HSE 13-019.04 EIR 4.03.2 Vegetation Designations 4.03.2.1 612 - Mangrove Swamp (+/-12.92 acres) The majority of the subject parcels are dominated by tidal mangrove swamp communities. Hydrology within the 612 areas is influenced by the adjacent Indian River Lagoon. The dominant vegetation is red mangrove (Rhizophora mangle), black mangrove (Avicennia germinans) and white mangrove (Laguncularia racemosa). 4.03.2.2 710 - Beaches (+/- 3.346 acres) This area is located between the 720 (sand other than beaches) and the Atlantic Ocean. Wind, wave, and tidal forces have a significant influence over this area and its' delineation is constantly changing. This area supports habitat for nesting sea turtles 4.03.2.3 720 - Sand Other Than Beaches (+/-5.924 acres) This area is located between the mangrove swamp (612) and Beach (710). Historically, this area would include the raised dune habitat west of the beach. As with the beach habitat, this communities' structure and delineation is greatly influenced by severe storm events. Evidence of past (2004 & 2005) hurricane impacts within this area are represented by fallen/up-rooted trees, beach sand encroachment and dune erosion. Vegetation is comprised of Australian pine (Casuarina equisetifolia), Brazilian pepper (Schinus terebinthifolius), button wood (Conocarpus erectus), seagrape (Coccoloba uvifera), seaside daisy (Borrichia frutescens), sea oats (Uniola paniculata), and seashore saltgrass (Distichlis spicata). 4.03.3 Exotic Vegetation Exotic vegetation infestation is limited to the property boundaries adjacent to SR-AlA and the transitional area between the beach and eastern edge of the mangrove wetlands. Dominant exotic species are Brazilian pepper and Australian pine. Estimated percent -coverage and approximate locations for exotic species are depicted on Figure 7 of 17. Page 19 of 40 r a January 2015 Packet Pg. 230 10.B.1.m NOT ASURVEY 0' 100' 200' 400' 800' 4400 BELLE GROVE DRIVE W ykoFT. PIERCE, FL. 34981 PHONE: 772-5304261 ign FAX:772464.1383 OUP, LLC e.ginpod225a@.A.m ENGINEERS, PLANNERS & CONSTRUCTION MANAGERS SCALE 1 t1 - 200' srw2car noun�cunnureorwvnlonv.�navnu,o NORTH LEGEND 612 - MANGROVE SWAMP (f12.92 ACRES) 710 - BEACHES (f3.346 ACRES) 720 - SAND OTHER THAN BEACHES (d5.924 ACRES) SOURCE: I'LORIDA LAND USE COVER AND FORMS CLASSIFICATION SYSTEM, FDOT, GEOGRAPHIC BLIPPING SECTION,1999; FDOT 2012 AERIAL PHOTOGRAPH PARCEL M #S: 252923100020004, 252923100010007 ST LUCIE COUNTY SEC. TWP. R. HSE JOB NO.: DRAWING NAME: DATE REVISED: FIGURE: FLORIDA 29 1 35S 41E HSE 13-019.03 06 - FLUCFCS.DWG 30 JANUARY 2015 6 OF 17 LATITUDE: 27°24'18.129" LONGITUDE:-80116'04.586" DESIGNED BY: FRP DRAWN BY: MS CHECKED BY: RLW THE ATLANTIC H Hobe Sound Environmental Consultants Inc. 9512 SE Duncan Street ENVIRONMENTAL IMPACT REPORT (EIR) S Hobe Sound, FL. 33455 FLVCFCS (VEGETATION) MAP 1 01 E(772) 545-3676, E-mail: bobbsenv@gmail.com a+ a Packet Pg. 231 10.B.1.m NOT A SURVEY 0' 100' 200' 400' 800' 4400 BELLE GROVE DRIVE dxko FT. PIERCE, FL 34991 PHONE: GROVE DRIVE 8761 slgn FAX: 772464-1383 oup, LLC englnpod375Qaal.mm ENGINEERS, PLANNERS & CONSTRUCTION MANAGERS semen SCALE 1 �' — 200 0FM0WMCEW1nCAn0Fe owuna4. NORTH SOURCE: 2012 AERIAL PHOTOGRAPH, FDOT PARCEL 10D MS: 252923100020004, 252923100010007 ST LUCIE COUNTY SEC. TWP. R. HSE JOB NO.: DRAWING NAME: DATE REVISED: FIGURE: FLORIDA 29 35S 41E HSE 13-019.03 07 - EXOTICS.DWG 30 JANUARY 2015 7 OF 17 LATITUDE: 27°24'18.129" LONGITUDE:-80°16'04.586" DESIGNED BY: FRP DRAWN BY: FRP CHECKED BY: RLW THE ATLANTIC H Hobe Sound Environmental Consultants Inc. ENVIRONMENTAL IMPACT REPORT IR 9512 SE Duncan Street S .Hobe Sound, FL, 33455 EXOTIC VEGETATION MAP E (772) 545-3676, E-mail: bobhsenv@gmail.com Packet Pg. 232 10.B.1.m 4.03.4 Native Upland Habitat The only native upland habitat located within the boundaries of the project site is the coastal dune, which has been severely altered by the hurricane activity of 2004 and 2005 and is dominated by Australian pine, beach naupaka and Brazilian pepper. The subject parcel is dominated by mangrove swamp. 4.03.5 Vegetation Protection St. Lucie County Land Development Code (SLCLDC) 16 September 2014, Section 6.00.05 (D), requires that any native tree 6-12 inches in diameter at breast height (DBH), depending on species, except cabbage palms which shall have a minimum clear trunk of ten (10) feet, shall be preserved and protected. Mitigation is required for the loss of any healthy native tree as described above. l The Atlantic will comply with SLCLDC Section 6.02.00, Vegetation Protection and Preservation. All coastal construction in relation to the ti proposed project will be permitted through FDEP. All authorization and permits from FDEP, Bureau of Beaches and Coastal Systems, will be forwarded to the ERD staff upon receipt. All construction will be in accordance with applicable State and County design standards. 4.04 Jurisdictional Wetlands It is HSE's professional opinion that there are two (2) State (FDEP) and Federal (COE) jurisdictional wetlands located on the project site (Figure 8 of 17). Wetland A is approximately 12.804 acres in size and is located east of SR A 1 A and HSE 13-019.04 EIR Page 22 of 40 January 2015 Packet Pg. 233 10.B.1.m NOT A SURVEY 0f 100' 200' 400' 800' 4400 BELLE GROVE DRIVE V kO Fr. PIERCE, FL 34981 .L PHONE: 772-530A261 S`Ign FAX: 772464.1383 OUP, LLC enCl,p4d225Q201 ENGINEERS, Q0PLANNERS & CONSTRUCTION MANAGERS �ar�o�no� SCALE: 111 = 2001 NORTH SOURCE:2012 AERIAL PHOTOGRAPH, FDOT. BOUNDARY SOURCE: LADYICO DESIGN GROUP PARCEL ID NS: 252923100020004, 252923100010007 ST LUCIE COUNTY SEC. TWP. R. HSE JOB NO.: DRAWING NAME: DATE REVISED: FIGURE: FLORIDA 29 1 35S I 41E HSE 13-019.03 08 - WETLAND.DWG 30 JANUARY 2015 8 OF 17 LATITUDE: 27°24'18.129" LONGITUDE:-80016'04.586" DESIGNED BY: FRP DRAWN BY: MS CHECKED BY: RLW THE ATLANTIC H Hobe Sound Environmental Consultants Inc. 9512 SE Duncan Street ENVIRONMENTAL IMPACT REPORT (EIR) S Hobe Sound, FL. 33455 WETLAND LOCATION MAP E (772) 545-3676, E-mail: bobhsenv@gmail.com a+ a Packet Pg. 234 10.B.1.m Wetland B is approximately 0.116 acres and is located west of SR AIA. Both wetlands are dominated by mangrove species, but do contain Brazilian pepper along the edges and Australian pine along the interior mosquito ditch spoil piles. Ms. Samantha Rice of the COE conducted an on -site wetland jurisdictional determination on 25 June 2009. The COE approved wetland locations may be found in Appendix A. FDEP will, most likely, not conduct a field visit prior to ERP application submittal. 4.05 Vegetation and Wildlife Impacts 4.05.1 Vegetation Impacts A total of f 1.59 acres of Category 1 mangrove wetlands are proposed to be impacted by the development (Figure 9 of 17). This impact is necessary to allow reasonable use of the property and will require a variance from the SLC BOCC, as it entails greater than 1% (12.31%) of the wetlands on -site. Wetland impacts are also necessary in order to abide by the required FDEP Beaches and Coastal Systems (FDEP BCS) 25' setback from the CCCL. There is no feasible way to develop the property as an economically viable project without unavoidably impacting the wetlands and the 50 foot (50') upland buffer while maintaining a 25 foot (25') buffer zone west of the coastal construction control line (CCCL) (Figure 10 of 17). Alternative site plan "A" impacted to f5.07 acres of wetlands (Figure 11 of 17). The Applicant then went through a series of alternative site plans to further reduce wetland impacts. Alternative site plan `B" impacted ±2.14 acres of wetlands (Figure 12 of 17). Alternative site plan "C" impacted ±1.71 acres of wetlands (Figure 13 of 17).The proposed site plan will unavoidably impact t 1.59 acres of wetlands (Figure 14 of 17). The shared access roadway was moved from the HSE 13-019.04 EIR Page 24 of 40 January 2015 Packet Pg. 235 10.B.1.m NOT A SURVEY 0' 100' 200' 400' 800' 4 d400 BELLE GROVE DRIVE yko FT. PIERCE, FL. 34981 PHONE: 772-00-8261 SIg❑ FAX: 172464-1383 oup, LLC eug1.pod225@-L— ENGINEERS, PLANNERS & CONSTRUCTION MANAGERS SCALE 1 f _ 200 SfATL Oift—tIl CCR RCAT 0FAVD10=%T10N-0 SCALE: NORTH -�awmr nnrva� ' I � \ � �, •\' \ \�.W \\ j t \� \ 1 1 \•\ \\3 I —Perm _ VlE 1 l "x 1.59 ACRES WETLAND WACT WY SOURCE: LADYKO DESIGN GROUP, HSE PARCEL ID 4S: 252923100020004, 252923100010007 ST LUCIE COUNTY SEC' TWP. R. HSE JOB NO.: DRAWING NAME: DATE REVISED: FIGURE: FLORIDA 29 35S 41E HSE 13-019.03 09 - WET IMP.DWG 30 JANUARY 2015 9 OF 17 LATITUDE: 27°24'18.129" LONGITUDE:-80°16'04.586" DESIGNED BY: FRP DRAWN BY: FRP CHECKED BY: RLW THE ATLANTIC IH Hobe Sound Environmental Consultants Inc. 9512 SE Duncan Street ENVIRONMENTAL IMPACT REPORT (EIR) S Hobe Sound, FL. 33455 WETLAND IMPACT MAP E (772) 545-3676, E-mail: bobhsenv@gmail.com Packet Pg. 236 10.B.1.m s c o G a pI0 • M oaoop \ •� r'i o� O 0 ' r ••k ti t •O T C I? y L7 In by to �I W o c wry w N C it z I A O O Cn w kn a N W �e P C ao enFL Q o w *� a i W N A O bo \ VI en �'y ~ W C Q e m g y p r^ Z 0 .$ o eF w o `2 biA ♦o \.. F. ryay.j � •\�` \ � F � A F a W fS N N d �SI3 P _ < V a h 9 02 z8 d C zQ i' in Fay we�rf� o F' a01 o x O =1 V WaW p� g � z U Ey � W a po W 0 a A P. Im in z17: zy _ q w Z � �' o A '^ F- a w z z qq O F � C F in z w Packet Pg. 237 10.B.1.m NOT A SURVEY dyko 440E BELLE GROVE DRIVE FT. PIERCE, FL 34981 PHONE: 772.530-8261 Sign FAX_'172464-1383 OUP, LLC ENGINEERS, PLANNERS & CONSTRUCTION STATL Of'ILOW W CEPTIPIUTE 9ngi.P96225QA91.mm MANAGERS 0l A1R110A1LilOY.11010 NORTH 19 20 A9 WSC16m H R. 100L OOU,IY, RL,OOA Wl_ o 1 \— P R C E L 1 +r,' +" a� elp +P° 11� PAR CAL 2 Q a SEA90ML N wLl[R LM WY 2 RLJ..Sit' MAMA 110E �1� �' IUlY0. tYED O f 5.09 ACRES OF WETLAND IMPACT SOURCE: LADYKO DESIGN GROUP PARCEL ED NS: 252923100020004, 252923100010007 ST LUCIE COUNTY SEC. I TWP. I R. HSE JOB NO.: DRAWING NAME: DATE REVISED: FIGURE: FLORIDA 29 35S 41E HSE 13-019.03 11 - ALT SITE I.DWG 30 JANUARY 2015 11 OF 17 LATITUDE: 27°24'18.129" LONGITUDE:-80°16'04.586" DESIGNED BY: FRP DRAWN BY: MS CHECKED BY: RLW THE ATLANTIC H Hobe Sound Environmental Consultants Inc. 9512 SE Duncan Street ENVIRONMENTAL IMPACT REPORT (EIR) S Hobe Sound, FL. 33455 ALTERNATIVE SITE PLAN 'A' E_ (772) 545-3676, E-mail: bobhsenv®gmail.com Q Packet Pg. 238 10.B.1.m J NOTASURVEY 0' 100' 200' 400' 800' ~ d ko 4400 BELLE GROVE DRIVE F.T. PIERCE, FL 34981 PHONE: 772-530-8261 sign FA%:772-4641383 n oup, LLC cub opod225Qaolrom j ENGINEERS, PLANNERS & CONSTRUCTION MANAGERS SCALE: 1 91_2001 nwlc ovnnuoaccxn"can: ornvnionv moxms�o NORTH SOURCE: LADYRODESIGN GROUP PARCEL XD #S: 252923100020004, 252923100010007 ST LUCIE COUNTY SEC. TWP. R. HSE JOB NO.: DRAWING NAME: DATE REVISED: FIGURE: FLORIDA 29 35S 41E USE 13-019.03 12 - ALT SITE B.DWG 30 JANUARY 2015 12 OF 17 LATITUDE: 27°24'18.129" LONGITUDE:-80°16'04.586" DESIGNED BY: FRP DRAWN BY: MS CHECKED BY: RLW THE ATLANTIC H Hobe Sound Environmental Consultants Inc. 9512 SE Duncan Street ENVIRONMENTAL IMPACT REPORT (EIR) s Hobe Sound, FL. 33455 .ALTERNATIVE SITE FLAN 'B' E (772) 545-3676, E-mail: bobbsenv@gmail.com Packet Pg. 239 10.B.1.m 3 NOT A SURVEY y 0' 100' 200' 400' 800' V d ko 4400 BELLE FT. E GROPE DRIVE PIERCE, FL 34987 .L PRONE: 772f70-8261 Sign FAX: 772464-1383 OUP, LLC C°gf.p. 2S@-I... j ENGINEERS, PLANNERS & CONSTRUCTION MANAGERS SCALE. 1" - 200' SPATL OPFlAx10ACCRTIPIGTE OPAMIOWATIOYYL610 NORTH a yr, r WIN— IM M`W�MA4GROVE Y), WETLAND SWAMP -•. \\ `V LL` j i • � � '' � '�. f• Ala f �, i•��lr`_.-w": �1-FN,.`tl.�/'+H.. ' SY"�:iyY� 1" 1•., KPARCEL 2t1•`7� Me r � 1 SOURCE: LADYKO DESIGN GROUP PARCEL ID NS: 252923100020004, 252923100010007 ST LUCIE COUNTY SEC. TWP. R. HSE JOB NO.: DRAWING NAME: DATE REVISED: FIGURE: FLORIDA 29 35S 41E HSE 13-019.03 13 - ALT SITE C.DWG 30 JANUARY 2015 13 OF 17 LATITUDE: 27°24'18.129" LONGITUDE:-80016'04.586" DESIGNED BY: FRP DRAWN BY: FRP CHECKED BY: RLW THE ATLANTIC H Hobe Sound Environmental Consultants Inc. 9512 SE Duncan Street ENVIRONMENTAL IMPACT REPORT (EIR) S Hobe Sound, FL. 33455 ALTERNATIVE SITE PLAN 'C' E (772) 545-3676, E-mail: bobhsenv@gmail.com C 0 V R a d F- "2 r O N U) W 0 N� V 0 C LL m 0 E R a+ a Packet Pg. 240 10.B.1.m O s 000 0 � o ° Y U y d t REa Efl Cr V %`Jy d i. a W � W i` G fill, a Q g R a o kkn n Cm m p ai N m O II .a sk 0 4 a O r1 N D p 4Q r v5ai \ ! . _ • • C z W 3 a W kn t w V] ra °" ,n 5 p E7! _. 3 \ �! � � 4 Q W N A M 5 Is1 N V Vi > Ca a��^� 5q " • �° C7 e p 2 Ct 0. Mull � G a w z $� g� O O w 'v`o z o 9 ! d'e w W_ O W a d C" ttl z U OwO c g EO a39j v, a O 5 z � vrmv 8� a 0 z V 1 0 1 1 r i aWW m 'tmC a k i \ Q u I w� 0 o d � F � � � z a 9 a A N a a w a a 5 a 10 z w W Packet Pg. 241 10.B.1.m parcel to the north to its new location, because the applicant was unable to reach an agreement with the parcels owners. Parking spaces are at a minimum, required by County code. Separation between buildings is also at a minimum, as are all setbacks. The project provides a minimal recreation building as well as a pool and deck as amenities for the residents. In Florida, a condominium project is not saleable without a pool facility, even on the ocean. The project site currently does not support a native upland buffer around the wetland. It is bounded by State Road A 1 A to the west, wetland to the north and south and disturbed dune/strand to the east, consisting of up to 75% exotic vegetation, mostly Australian pine, beach naupaka and Brazilian pepper. The Applicant proposes to install a bulkhead adjacent to the wetland on the development side (east) of the wetland and leave the other sides as they currently exist. According to the statewide Environmental Resource Permit Information Manual , 2014, 10.2.7 (a), "Where an applicant elects not to utilize buffers of the above -described dimensions, buffers of different dimensions, or other measures may be proposed to provide the required reasonable assurance" that secondary impacts to the wetland will not occur. As previously discussed, the Applicant has minimized impacts as much as feasible to still have an economically viable project. Parking spaces have been minimized and building separation is at a minimum. Mitigation for wetland impacts will consist of a combination of enhancement of the remaining on -site wetlands (±11.33 acres or 87.7 %) through exotic removal and replanting as necessary, as well as the purchase of credits in the Bear Point Mitigation Bank and/or restoration/enhancement of HSE 13-019.04 EIR Page 31 of 40 January 2015 Packet Pg. 242 10.B.1.m wetland habitat for SLCMCD and/or the purchase of additional wetlands to be conveyed to SLC. As soon as mitigation has been finalized it will be forwarded to SLC ERD for review. All wetlands remaining on -site will be placed in a conservation easement dedicated to SLC and/or the Florida Department of Environmental Protection to be preserved and maintained in perpetuity. Due to the acreage of impact of a Category 1 wetland, additional mitigation will be provided over and above that which is necessary to offset Uniform Mitigation Assessment Methodology (UMAM) scores. Please refer to Appendix E for UMAM sheets and debit and credit calculations. Approximately 3.35 acres of upland area, dominated by exotic vegetation, will also be impacted by development (Figure 15 of 17). This area consists of remnant strand or back dune which has been impacted by exotic vegetation, mostly Australian pine, beach naupaka and Brazilian pepper, and by severe storm events, including the hurricanes of 2004 and 2005. Exotic vegetation encroachment in this area is the highest on the site and ranges from 50-75%. Mitigation will consist of removal of the exotic vegetation, re - contouring of the dune, as necessary, and re -vegetation of the dune/strand area with appropriate native vegetation. The Atlantic project proposes to improve sea turtle habitat by restoring the dune system, thus providing more habitat for nest excavation. Re - vegetation of the dune will take place between November and March, outside of the peak sea turtle nesting season. The Applicant plans to make every effort to continue the upkeep of a healthy dune/strand system which, in times of storm events will protect the development and also help supply some of the sand needed to re -build an eroded beach system. Dune building is also one technique that will partially restore the natural beach system (Darovec et al, 1975), and is much preferable to beach renourishment, since the latter seems HSE 13-019.04 EIR Page 32 of 40 January 2015 Packet Pg. 243 10.B.1.m Packet Pg. 244 10.B.1.m to create a never ending cycle (Witherington, 1999). The Atlantic. project has included in its site plan both strand and dune restoration. This will further insure the protection of the development by providing a greater area (dune and strand) for dissipation of storm event waves. By protecting the development, the beach, if eroded, will then be allowed to build back naturally over time with no interference from man. Although the beach may provide less habitat for nesting in the short term in the case of a large storm event, it will, in the long run, continue to provide a natural beach on which to nest without the downside of renourishment, including compaction and escarpments. However, if at any time an escarpment forms along the dune system that is higher than 18 inches for 100 feet or more, it will be raked down until a natural dune slope is reached prior to April 30, which would allow sea turtles easy accessibility (USFWS, 2007). If the dune is again eroded in a large storm event, it will be re -built and re- planted with native salt tolerant vegetation. In such a case, a permit will need to be obtained from the State for further dune restoration, and any necessary changes in size and/or elevation, as well as approval of additional off -site sand, if needed, will be made at that time by the governing agency. This will create a safer environment for nesting sea turtles, as they have been known to become entangled in Australian pine roots, especially when the trees are uprooted, which many of them presently are. A copy of The Atlantic. site plan is shown of Figure 14 of 17. The minimum first floor elevation for the project will be 2' above flood elevation as determined by FDEP. The site plan overlaid on the proposed FLUCFCS Map is provided on Figure 16 of 17. The proposed 1.59± acre wetland impacts will be mitigated for through the purchase of mitigation credits in the Bear Point Mitigation Bank HSE 13-019.04 EIR Page 34 of 40 January 2015 Packet Pg. 245 10.B.1.m n o a s 00 U o u W ^ E T 3^ F^ U b � M H aC ti. o O � � U�COD _ -H O C7 u C M O a ` n N a OA v � O E h J 88 O =I �. v Cn Cn w :' c �; M in w. _1 � a w N x > kn a. k r FI M g A W Nru A O 0 a, VV��9 Z' 3�• r`7 Q' W L W yo z U .�a 0•y �o i WA U U' r�- m w OP wo W ao a � w 0 >y.r C \ dry ~ ;fie ti, 3 �i� o z0 Q O z fit •v.. ,�Y = U pis c4 5 + z° o w a Packet Pg. 246 10.B.1.m as well as through the enhancement of the remaining on -site wetlands (f 11..33 acres) and/or restoration/enhancement of wetland through SLCMCD, and/or the purchase of additional wetlands to be conveyed to SLC. As soon as mitigation is finalized through BPMB, SLC ERD will be notified. 4.05.2 Wildlife Impacts Temporary impacts to wildlife are anticipated to occur with the development of The Atlantic. No gopher tortoise burrows were located on - site. The eastern indigo snake was not observed on -site during the environmental survey and but sustainable habitat for this species does exist on -site. Please refer to Section 4.01.2.2 above for the EIS determination key. The project, as proposed, is not expected to adversely affect the eastern indigo snake. The southeastern beach mouse is believed to be extirpated in this area of St. Lucie County according to the FWS (Appendix B). The proposed upland impacts have been addressed in 4.05.1 above. 4.06 Soil and Water Conservation Plan The project soil map units are shown on the SCS Soil map (Figure 17 of 17) there are three (3) main soils found on site, they are; Beaches (09), Canaveral fine sand, 0 to 5% slopes (10) and Kesso-Terra Ceia complex, tidal (35). Soil erosion, sediment loss and water quality will be maintained during construction activities via installation of sediment barriers along the edge of the construction line and installation of 3 dry detention ponds prior to site clearing and construction. Construction barriers around all preservation areas will be conspicuous, durable barricades consisting of 48" high visibility day-glo fencing. Silt fencing will be placed along the perimeter of all preservation areas. Adjacent properties and HSE 13-019.04 EIR Page 36 of 40 January 2015 Packet Pg. 247 10.B.1.m 5 NOT ASURVEY 0' 300' 600' 900, 1200' IT Wyko 4400 DELLSGROVEDRIVEF r. PIERCE, FL 34991 PHONE: 772.530-8261 ign FAX: 772464-1383 OUP, LLC "pod225@-I... D ENGINEERS, PLANNERS & CONSTRUCTION MANAGERS SCALE 1" - 600' srar�arn.owa, a8nnc.,rzorAomoaan2�avnu�a NORTH SOURCE: SOIL SURVEY OF ST. LUCEI COUNTY AREA, FLORIDA, WEB SOIL SURVEY ST LUCIE COUNTY SEC. TWP. R. HSE JOB NO.: FLORIDA 29 1 35S 41E HSE 13-019.03 LATITUDE: 27°24'18.129" LONGITUDE:-80°16'04.586" THE ATLANTIC ENVIRONMENTAL E%1PACT REPORT (EIR) SCS SOILS MAP LEGEND 9- BEACHES 10- CANAVERAL FINE SAND, 0 TO 5 % SLOPES 35- KESSON-TERRA CEIA COMPLEX, TIDAL .1, NRCS, SCS PARCEL ID #S: 252923100020004, 252923100010007 DRAWING NAME: DATE REVISED: FIGURE: 17 - SOILS.DWG 30 JANUARY 2015 17 OF 17 DESIGNED BY: FRP DRAWN BY: FRP CHECKED BY: RLW HHobe Sound Environmental Consultants Inc. S 9512 SE Duncan Street Hobe Sound, FL. 33455 E(772) 545-3676, E-mail: bobhsenv@gmail.com Packet Pg. 248 10.B.1.m preserved uplands will not be affected with soil erosion or sediment loss. Best Management Practices (BMP's) will be followed during construction. 4.07 Plant and Animal Survey The only protected species observed on -site were the tri-colored heron and the brown pelican. No nests were located on -site. The eastern perimeter of the site contains nesting habitat for sea turtles. A Sea Turtle Protection Plan has previously been prepared for this project site. Protected species that potentially occur in St. Lucie County and may occur within the project site limits are listed in Appendix C. Biologists did not observe any endangered or threatened species of plants listed by the Florida Department of Agriculture (FDA). 4.08 Surface Water Management Plan The proposed Stormwater Management System will consist of exfiltration trenches. During construction, erosion and sediment will be controlled according to FAC 17-25.05(7). Runoff will be routed through temporary basins and turbidity screens, where necessary, to prevent violations of State water quality standards. Temporary material and operations to attain the required pollution controls include, but are not limited to, temporary seeding, filter blankets, chemicals, temporary dikes and ditches. Fiber mats, mulch, and sod. All pollution prevention procedures, material, equipment and other related items will be maintained in an approved condition until completion. Post construction water quality on -site will improve with the construction of the approved Surface water Management System. HSE 13-019.04 EIR Page 38 of 40 January 2015 Packet Pg. 249 10.B.1.m 4.09 Archaeological/Historical Resources Robert Weigt contacted SHPO and requested that they review their files for any known historical and/or archaeological sites that may occur within the boundaries of the project site. The SHPO office issued a clearance letter on 30 September 2009 (Appendix A). 5.00 EXECUTIVE SUMMARY • The Atlantic project contains consists of approximately 22.19 acres of land located east (20.056 acres) and west (0.134 acres) of SR A 1 A on South Hutchinson Island. • No habitat for gopher tortoise, Florida mouse or southeastern beach mouse exists on - site. • The only listed species observed on -site during the site review were the tri-colored heron and the brown pelican, listed as a species of special concern by the State of Florida. • The site is within 18.6 miles of two (2) known wood stork rookeries. The wood stork key was utilized to determine that no adverse impacts to this species are expected to occur with the project as proposed. • Although the southeastern beach mouse may have inhabited this area historically, this species is believed to be extirpated in St. Lucie County. • The easternmost portion of the site provides nesting habitat for listed sea turtle species, including green, leatherback, hawksbill, Kemp's ridley and loggerhead. • A Sea Turtle Protection Plan has previously been provided to SLC for long term protection of sea turtles and continued protection on the dune. • A FDEP approved dune restoration plan will provide additional nesting habitat for sea turtles. • An Eastern Indigo Protection Plan will be coordinated with USFWS. The EIS Determination Key was utilized and the project, as proposed, is not expected to adversely affect this species. HSE 13-019.04 EIR Page 39 of 40 January 2015 Packet Pg. 250 10.B.1.m • No protected flora was located on the project site. • Exotic vegetation is limited to the property boundaries adjacent to SR-AlA and the transitional area between the beach and eastern edge of the mangrove wetlands. Dominant exotic species are Brazilian pepper and Australian pine. • The project site includes f5.52 acres of upland habitat, consisted of a disturbed front and back dune area dominated by Australian pine, beach naupaka and Brazilian pepper. • Approximately 3.35 acres of uplands are proposed for impact. • The project site includes ±12.92 acres of Category I mangrove wetlands. The project will impact more than 1 % of category 1 wetlands ( 12.3 %, t1.59 acres) and will need the approval of the St. Lucie County Board of County Commissioners. • Mitigation for wetland impacts includes enhancement of remaining on -site wetlands, purchase of mitigation credits in the Bear Point Mitigation Bank as well as through the enhancement of the remaining on -site wetlands and/or restoration/enhancement of wetland through SLCMCD, and/or the purchase of additional wetlands to be conveyed to SLC. Mitigation will exceed what is necessary to offset debits caused by wetland impacts. All remaining on -site wetlands will be placed in conservation easement dedicated to SLC and/or FDEP to be maintained and protected in perpetuity. A stormwater management plan (BMP's) will be employed during all construction activities. All endangered species will be coordinated during permitting with US Fish and Wildlife Service, US Environmental Protection Agency, National Marine Fishery Service, US Army Corps Of Engineers, Florida Department of Environmental Protection, Florida Fish And Wildlife Conservation Commission and St. Lucie County. a+ a HSE 13-019.04 EIR Page 40 of 40 January 2015 Packet Pg. 251 10.B.1.m HSE 13-019.04 APPENDIX: A AGENCY CONTACTS -A- January 2015 a+ a Packet Pg. 252 FROM : FL ARCHEOLOGICAL SERVICES FAX NO. : 904-388-291.9 Nov. 0 2009 09:17AM P2 10.B.1.m s i FLORIDA DEPARTMENT OP STATE )(Curt S. Browning' Secretary of State DI45I0N OF 1- ISTORICAL RESOURCES Mr. Robert Johnson Florida Archaeological Services, Inc. 4250 Melrose Avenue Jacksonville, Florida 32210 September 30, 2009 Re; DHR Project File No.: 2009-05045 / Received by DHR: August 28, 2009 A Cultural Resource 4ssessntent Survey of tho Atlantic Estates Development Tract, St. Lucie County, Florida - Dear Mr. Johnson: Our office received and reviewed the above referenced survey report in accordance with Section 106 of the National Historic Preservation Act of 1966 (Public Law 89-665), as amended in 1992, and 36 C.F.R., Part 800. Protection of Historic Properties, and Chapters 267 and 373, Florida Statutes, for assessment of possible adverse impact to cultural resources (any prehistoric or historic district, site, building, Structure, or object) listed, or eligible for listing, in the National Register of Historic Places (NRHP). hi August 2009, Florida Archaeological Services, Inc. (FAS) conducted an archaeological and historical Phase I survey of the proposed Atlantic Estates parcel, also known as the Millhess & Southall Tract, on behalf of Casey, Ciklin, Lubitz, .Martens & O'Connell. FAS identified no cultural resources within the project area during the investigation. FAS determined that the proposed development will have no effect on cultural resources listed, or eligible for listing, on the NRIW. FAS recommends no further investigation of the parcel. Based on the information provided, our office concurs with these determinations and finds the submitted report complete and sufficient in accordance with Chapter IA-46, Florida Administrative Code. For any questions concerning our comments, please contact Rudy Westerman, Historic Preservationist, by electronic mail'at rjwesterman@dos-state.fl.us, or by'phone at (850) 245-6335.'We appreciate your continued interest in protecting Florlda's historic properties. Sincerely, Laura A, Kammerer Deputy State 1istoric Preservation Officer For Review and Compliance 500 S. Brenough Street . Tallahassee, FL 32399.0280 . htip://www.ilheritage.cora d DIrettox's Office CI Archaeological Research ® Histe$c Creservatlun (M) 245-6300.1VAXt 245-6436 030) 245-6444 • VAX: 24M53 (850) U54333 • FAX 243.6437 a Packet Pg. 253 10.B.1.m oP�ssi� nrrAjFrr 4 9 O 2 O N y �qd rti '9 rloN G _ • „• Florida Fish Ms. Doreen J. Buffa and Wildlife R. L. Weight Environmental Consultants, Inc. 8985 S.E. Bridge Road Conservation Suite A Commission Hobe Sound, FL 33455 Commissioners Dear Ms. Buffa: Rodney Barreto Chair This letter is in response to your request for listed species occurrence Miami records for your project (#09-012), located in St. Lucie County, Florida. No Kathy Barco records of listed species occurrence or critical habitats from the Florida Vice -Chair Jacksonville Fish and Wildlife Conservation Commission database were located within Ronald M. Bergeron the project area. Enclosed are 8.5 x 11 maps showing Florida managed Fort Lauderdale areas, biodiversity hotspots, priority wetlands for listed species, SHCA's for Richard A. Corbett the Southeastern beach mouse, and land cover for the project area. Tampa Dwight Stephenson This letter and/or attachments should not be considered as a review or an Delray Beach assessment of the impact upon threatened or endangered species of the Wright Kenneth W.Park Winter Park ro ect site. It provides FWC's most current data regarding the location of project p g g Brian S. Yablonskl listed species and their associated habitats. Tallahassee Our fish and wildlife location data represents only those occurrences recorded by FWC staff and other affiliated researchers. Please note that Executive Staff our database does not necessarily contain records of all listed species that Kenneth D. Haddad may occur in a given area. Also, data on certain species, such as gopher Executive Director tortoises, are not entered into our database on a site -specific basis. Nick Wiley Therefore, one should not assume that an absence of occurrences in Assistant Executive Director our database indicates that species of significance do not occur in the Karen Ventimiglia area. Deputy Chief of Staff The Florida Natural Areas Inventory (FNAI) maintains a separate database of listed plant and wildlife species, please contact FNAI directly for specific information on the location of element occurrences within the project area. Fish and Wildlife Because FNAI is funded to provide information to public agencies only, you Research Institute Information Science may be required to pay a fee for this information. County -wide listed And Management species information can be located at their website (http: / /www.fhai.oLg). (850) 488-0558 (850) 410-5269 Please credit the Florida Fish and Wildlife Conservation Commission in FAX any publication or presentation of these data. If you have any questions or further requests, please contact me at (850) 488-0588 or gisreguestsla�,myfwc. com. Managing fish and wildlife resources for their long- term well-being and the benefit of people. 620 South Meridian Street Tallahassee, Florida 32399.1600 Voice: (850) 488.4676 Hearing/speech Impaired: (800) 955.8771(T) (800) 955-8770 (V) MyFVJC.com Sincerely, Jan Stearns Staff Assistant js 2009_5341 Enclosures a Packet Pg. 254 10.B.1.m Florida Land Cover - 2003 Project #09-012 ® Project Site Major Roads County Boundary Miles Coastal Strand Cattail Marsh Tidal Flat 0 0.05 0.1 Sand/Beach Shrub Swamp Open Water Xerlc Oak Scrub Bay Swamp Shrub and Brushland Sand Pine Scrub Cypress Swamp Grassland Sandhill Cypress/Pine/Cabbage Palm Bare Soil/Clearcut Dry Prairie Mixed Wetland Forest Improved Pasture Mixed Pine -Hardwood Forest Hardwood Swamp Unimproved Pasture Hardwood Hammocks and Forest Hydric Hammock Other Agriculture Pinelands Bottomland Hardwood Forest Citrus Cabbage Palm -Live Oak Hammock Salt Marsh Exotic Plants Tropical Hardwood Hammock Mangrove Swamp High and Low Impact Urban Freshwater Marsh and Wet Prairie Scrub Mangrove Extractive Sawgrass Marsh 2009_5341 a Packet Pg. 255 10.B.1.m Biodiversity Hotspots Project #09-012 Biodiversity Hotspots Major Roads = 3 - 4 Focal Species Overlap ® Project Site E05 - 6 Focal Species Overlap County Boundary = 7 -13 Focal Species Overlap 1� Miles 0 0.05 0.1 0.15 0.2 2009_5341 Packet Pg. 256 10.B.1.m Strategic Habitat Conservation Areas Project #09-012 0� Strategic Habitat Conservation Area Major Roads ® Project Site County Boundary Miles 0 0.05 0.1 0.15 0.2 2009_5341 Packet Pg. 257 10.B.1.m Florida Managed Areas Project #09-012 N \ 00 F9 Middle Cove 2 Florida Managed Areas Miles ---- Major Roads 0 0.05 0.1 0.15 0.2 Project Site County Boundary 2009 5341 1 to r O N W O O. 4) r t� cv CL E C N E C O C W Q Packet Pg. 258 1/14/2015 FNAI Biodiversity Matrix 10.B.1.nl 1018 Thomasville Road Tallahassee, ssee Florida Natural Areas Inventory Tallahassee, FL 32303 850-224-8207 850-681-9364fax Biodiversity Matrix Query Results w Anai.org UNOFFICIAL REPORT Created 1/14/2015 Ft R 1 UA (Contact the FNAI Data Services Coordinator at 850.224.8207 for *'9 rX1 , e,0'5 information on an official Standard Data Report) I NV€NTORY NOTE: The Biodiversity Matrix includes only rare species and natural communities tracked by FNAI. Report for 2 Matrix Units: 67126 , 67127 lahn Brooks Park hM14 Fradomk Douglas, L49=rial Park Mwid9a: Caves' Y$r14 4�`•5i. Li1C1E; t • � T�'r�:' 3 �c��. n r �r J^., 75 7:�t1'i.i 15-.1.2-A •2 `i 7 .)'3:1 :1 r : :I K �o impaundm8 A 5 F Blind Creak Natural Area Matrix Unit ID: 67126 0 Documented Elements Found 0 Documented -Historic Elements Found 5 Likely Elements Found Descriptions DOCUMENTED -There is a documented occurrence in the FNAI database of the species or community within this Matrix Unit. DOCUMENTED -HISTORIC - There is a documented occurrence in the FNAI database of the species or community within this Matrix Unit; however the occurrence has not been observed/reported within the last twenty years. LIKELY - The species or community is known to occur in this vicinity, and is considered likely within this Matrix Unit because: 1. documented occurrence overlaps this and adjacent Matrix Units, but the documentation isn't precise enough to indicate which of those Units the species or community is actually located in; or 2. there is a documented occurrence in the vicinity and there is suitable habitat for that species or community within this Matrix Unit. POTENTIAL - This Matrix Unit lies within the known or predicted range of the species or community Lbased on expert knowledge and environmental ables such as climate, soils, topography, and cover. Scientific and Common Names Global State Federal State Rank Rank Status Listing Caretta caretta G3 S3 LE, LT FT Loggerhead Chelonia mvdas http://data.labins.orglmapping/FNAI_BioMatrix/GridSearch.cfm?sel id=67126,67127&extent=767250.25,381351,76,768859.6875,384570.46875 1/3 Packet Pg. 259 1/14/2015 FNAI Biodiversity Matrix G3 S2 Matrix Unit ID: 67127 I 0 Documented Elements Found 1 Documented -Historic Element Found LE N LE LT FE N FE N Scientific and Common Names Global State Federal State Rank Rank Status Listing Okenia hypogaea G3? S2 N LE Burrowing Four-o'clock 4 LlKely mernents rounci Scientific and Common Names Global State Federal State Rank Rank Status Listing Caretta caretta Loggerhead G3 S3 LE, LT FT Chelonia mvdas G3 S2 LE FE Green Turtle Coastal strand G3 S2 N N Dermochelvs coriacea Leatherback G2 S2 LE FE Matrix Unit IDs: 67126 , 67127 27 Potential Elements Common to Any of the 2 Matrix Units Scientific and Common Names Global State Federal Rank Rank Status Acipenser oxyrinchus oxyrinchus G3T3 S1 PS: LE, LT Atlantic Sturgeon ' Aphelocoma coerulescens Florida Scrub -Jay G2 S2 LT Chamaesyce cumulicola G2 S2 N Sand -dune Spurge Charadrlus melodus G3 S2 LT Piping Plover Cladonia perforata G1 S1 LE Perforate Reindeer Lichen Coelorachis tuberculosa G3 S3 N Piedmont Jointgrass Conradina grandiflora G3 S3 N Large -flowered Rosemary Ctenogobius stigmaturus G2 S2 N Spottail Goby Drvmarchon couperi Eastern Indigo Snake G3 S3 LT Eretmochelys Imbricata Hawksbill G3 S1 LE Forestiera segregata var. pinetorum Florida Pinewood Privet G4T2 S2 N Glandularia maritima Coastal Vervaln G3 S3 N http://data.labins.org/mapping/FNAI_BioM atrix/GridSearcKcfm?sel_id=67126,67127&extent=767250.25,381351,75,768859.6875,384570.46875 State Listing SSC FT LE FT LE LT LT N FT FE N LE 10.B.1.m r a 213 Packet Pg. 260 Matrix Unit IDs: 67126 , 67127 27 Potential Elements Common to Any of the 2 Matrix Units Scientific and Common Names Global State Federal Rank Rank Status Acipenser oxyrinchus oxyrinchus G3T3 S1 PS: LE, LT Atlantic Sturgeon ' Aphelocoma coerulescens Florida Scrub -Jay G2 S2 LT Chamaesyce cumulicola G2 S2 N Sand -dune Spurge Charadrlus melodus G3 S2 LT Piping Plover Cladonia perforata G1 S1 LE Perforate Reindeer Lichen Coelorachis tuberculosa G3 S3 N Piedmont Jointgrass Conradina grandiflora G3 S3 N Large -flowered Rosemary Ctenogobius stigmaturus G2 S2 N Spottail Goby Drvmarchon couperi Eastern Indigo Snake G3 S3 LT Eretmochelys Imbricata Hawksbill G3 S1 LE Forestiera segregata var. pinetorum Florida Pinewood Privet G4T2 S2 N Glandularia maritima Coastal Vervaln G3 S3 N http://data.labins.org/mapping/FNAI_BioM atrix/GridSearcKcfm?sel_id=67126,67127&extent=767250.25,381351,75,768859.6875,384570.46875 State Listing SSC FT LE FT LE LT LT N FT FE N LE 10.B.1.m r a 213 Packet Pg. 260 State Listing SSC FT LE FT LE LT LT N FT FE N LE 10.B.1.m r a 213 Packet Pg. 260 1/14/2015 Gopherus Polyphemus Gopher Tortoise Halophlla iohnsonii Johnson's Seagrass Lechea cernua Nodding Pinweed Lechea divaricata Pine Pinweed Linum carters var. smallii Small's Flax Peromyscus Polionotus niveiventris Southeastern Beach Mouse Pituophis melanoleucus mugitus Florida Pine Snake Polygala smallii Tiny Poiygala Rivulus marmoratus Mangrove Rivulus Rostrhamus sociabills plumbeus Snail Kite Sceloporus woodi Florida Scrub Lizard Schizachyrlum niveum Scrub Bluestem Setophaga discolor paludicola Florida Prairie Warbler Tephrosia angustissima var. curtissii Coastal Hoary -pea Trichechus manatus Manatee FNAI Biodiversity Matrix G3 S3 C ST G2 S2 LT N G3 S3 N LT G2 S2 N LE G2T2 S2 N LE GST1 S1 LT FT G4T3 S3 N SSC G1 S1 LE LE G4G5 S3 SC SSC G4G5T2 S2 LE FE G3 S3 N N GiG2 S1S2 N LE G5T3 S3 N N G1T1 S1 N LE G2 S2 LE FE Disclaimer The data maintained by the Florida Natural Areas Inventory represent the single most comprehensive source of information available on the locations of rare species and other significant ecological resources statewide. However, the data are not always based on comprehensive or site -specific field surveys. Therefore, this information should not be regarded as a final statement on the biological resources of the site being considered, nor should it be substituted for on -site surveys. FNAI shall not be held liable for the accuracy and completeness of these data, or opinions or conclusions drawn from these data. FNAI is not inviting reliance on these data. Inventory data are designed for the purposes of conservation planning and scientific research and are not intended for use as the primary criteria for regulatory decisions. Unofficial Report These results are considered unofficial. FNAI offers a Standard Data Request option for those needing certifiable data. 1O.B.1.m a+ a httpJ/data.labins.orglmappingIFNAI SioMatrix/GridSearch.cfm?sel_id=67126,67127&extent=767250.25,381351.75,768859.6875,3W70.46875 3/3 Packet Pg. 261 10.B.1.m a rie w Q 19 z Q �a a Packet Pg. 262 10.B.1.m v K t11'„Q'eJl � m tl y. y :9uj ti w 2. -• ti yaC E^. 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U) cn c rnn ou U) 0_2 p pain o c> I-C— .Jc C) ca w C . o Packet Pg. 263 10.B.1.m by DEPARTMENT OF THE ARMY O�I/<'%� JACKSONVILLE DISTRICT CORPS OF ENGINEERS _ 4400 PGA BOULEVARD, SUITE 600 PALM BEACH GARDENS, FLORIDA 33410 REPLY TO ATTENTION OF Palm Beach Gardens Regulatory Section ('N SAJ-2009-02290 ;JD -SLR) JURISDICTIONAL VERIFICATION R.L. Weight Environmental Consultants, Inc. c/o Doreen J. Buffa, Vice President 8985 S.E. Bridge Road, Suite A Hobe Sound, Florida 33455 Dear Ms. Buffa: Reference is made to information submitted -to the U.S. Army Corps of Engineers (Corps) regarding the potential extent of Federal jurisdiction at the Millhess and Shouthall Parcels, in Section 29, Township 35 south, Range 41 east, Ft. Pierce, St. Lucie County, Florida. The evaluation of this jurisdictional determination involved many factors and may have included a field visit, review of aerial photographs, geological quad sheets, county soils maps, and site specific information provided by you. A copy of the approved jurisdictional determination form and any information used by our office to support our decision is enclosed_ A Department of the Army permit will be required for any areas identified within that information as waters of the United States. Instructions for Objecting to an Approved Jurisdictional Determination: Enclosed you will find a Notification of Appeal Process fact sheet and Request for Appeal (RFA) form. If you object to this determination, you may request an administrative appeal under Corps' regulations at 33 CFR Part 331. If you request to appeal this determination, you must submit a completed RFA form to the South Atlantic Division Office at the following address: Mr. Michael F. Bell South Atlantic Division O.S. Army Corps of Engineers CESAD-CM-CO-R, Room 9M15 60 Forsyth St., SW. Atlanta, Georgia 30303-8801. Mr. Bell can be reached by telephone number at 404-562-5137, or by facsimile at 404-562-5138. Packet Pg. 264 10.B.1.m -2- In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR Part 331.5, and that it has been received by the Division office within 60 days of the date of the RFA. - Should you decide to submit an RFA form, it must be received at the above address by The determination shown on the enclosed information represents the upland/wetland boundary for purposes of determining the Corps jurisdictional line. As depicted on the enclosed drawing, it has been determined you have waters of the United States onsite, which are subject to regulation by the Corps, and/or you have wetlands onsite which are considered to be isolated, and thus not subjected to regulation by the Corps. Please be advised that the jurisdictional determination shown is based on the Corps of Engineers Wetlands Delineation Manual (1987) or current regional supplement, and is valid for a period no longer than 5 years from the date of this letter unless new information warrants a revision of the determination before the expiration date. If, after the 5-year period, the Corps has not specifically revalidated this jurisdictional determination, it shall automatically expire. Any reliance upon this jurisdictional determination beyond the expiration date may lead to possible violation of current Federal laws and/or regulations. You may request revalidation of the jurisdictional determination prior to the expiration date. Any revalidation or updating will be considered under the method of jurisdictional determination and other applicable regulations in use at the time of the request. Additionally, this determination has been based on information provided by you or your agent; should we determine that the information was incomplete or erroneous this delineation would be invalid. This determination has been conducted to identify the limits of the Corps Clean Water Act jurisdiction for the particular site identified in this request_ This determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985, as amended. If you or your tenant are U.S. Department of Agriculture (USDA) program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service prior to starting work. Packet Pg. 265 10.B.1.m -3- You are cautioned that work performed below the mean high water line or ordinary high water line in waters of the United States, or the discharge of dredged or fill material into adjacent wetlands, without a Department of the Army permit could subject you to enforcement action. Receipt of a permit from the Department of Environmental Protection or the Water Management District does not obviate the requirement for obtaining a Department of the Army permit for the work described above prior to commencing work. The Corps Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to take a few minutes to visit the following link and complete our automated Customer Service Survey: http://regulatory.ueacesurvey.com/. Your input is appreciated - favorable or otherwise. Thank you for your cooperation with our permit program. If you have any questions concerning this matter please contact Samantha L. Rice by mail at the letterhead address, by electronic mail at Samantha. L. Rice@ usace.army.mil, or by telephone at 561- 472-3530. Sincerely, David S. Hobbie s� Chief, Regulatory Division Enclosures Packet Pg. 266 10.B.1.m NOTIFICATION OF' ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Millhess and Shouthall Parcels File Number: SAJ-2009-02290 Date: 6/25/09 Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter of erinission A PROFFERED PERMIT (Standard Permit or Letter of ennission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information maybe found at littp://usace.airiiy.miVinet/fiulctions/c,�f/cecwo/rep or Corps regulations at 33 CFR Part.331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT.- Ifyou received a Standard Permit, you may sign the permit document and return it to the district engineer for f nal authorization. If you received a Letter of Pennission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section H of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT.- If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permisslon. (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the fora to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT.• You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 (lays of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. co rn to 0 N co w 0 0. d cc a E c d E c 0 c w m 6 r c m E z c� Q Packet Pg. 267 10.B.1.m SECTION Il - REQUEST FOR APPEAL or OBJECTIONS .TO AN INITIAL PROFFERED PERMIT . REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is Minuted to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may rovide additional information to clarify the location of information that is already in the administrative record. POINT OF .CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may process you may contact: also contact: Project Manager as noted in letter Michael F. Bell 404-562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to paitici ate in all site investigations. Date: Telephone number: Signature of appellant or agent. a Packet Pg. 268 I 10.B.l.m I MM" ASUILVEY 2,3 E. Ili F,l NORTH SCALE. N 7S S i d H 66D 66A , "If N2724.16.762" Ilk " ' W800 16.03".4499' v, cl 6 . 4 ub 707 16- 63C 0 m 142 zo 13 ...... ..... . .... ...... p G.1 A r Uj Op is so LL: DELORME STREET ATLAS 11.13A. IST, LUCIE, COUNTY SEC. TWIT. R. RIM JOB No.: DRAWING NAME: DATE: FIGURE: SI 2-9 75;;SF 41 El FLORIDA 09-012.00 0 1 - VICINFITMAP.MG 01 MAY 20119 1 OF !LATITUDE: N27'24'16.162" LONGITUDE: W08001610.3A99" DESIGNED BV: ItLW DRAWN BV: RLW CI IECKED BV:, MLLHESS AND SOUTHALL R. L.WERGT 90 E, HVIRONMENTAL ASSESSMENT (EA) ENVIRONMENTAL CONSULTANTS, IN1C. 89195 S.E. BRIDGE ROAD, SUITE A, 110RE SOUND, Fl, 3,3455 PROJECT VICINITY MAP I Packet Pg. 269 1 14 NOT A SUMT-l' 77— O Li r- E7 CCA- LE., NTS N GIR-!T al, I W U r- to 17J (A =18 r N27c24.16'.762" 16,03"L-449' LA tVu to SOURCE- DIELORAM STRUITAIIAMM. --f. LUCEE COUNTY SEC. TWP. R. RLAl JOB 1140.- DRAWD�,'G NAlkM- DATE: FIGURZ — --s; — F LORMA IIR r 09— 012.09 Jj MA--e OF 9 LATITUDE: N27' 74'16.762LONGITUDE: DESIGNED BY: RLVil D Rk'WHI DV: RL V UE, C [CC, D I'l V: i. PALML HE SO AdfiD SGUTIr I ALL H V: 1 W(EIG T V, ENVYR0,11IRLE, N7t.kL A'S'SP-2-Sr-� RNT fE.z,) CONGIJILT�UiTG, MC. RM S.E. i3'sRM-QU; ROAD, SUT.'CE, f—, HO-B 11 Z C,9TECT 4.U,,C.4TKIC-1 1-1 MIAU-7- 1!."HGIBE: (772.) `;16-6255 !"JQ�: (77-1) 54.6-2316 E-TKAIL rhi-C-37wA) Packet Pg. 270 NOT A SLIRWY 000 2LJ 1 -1 400' 8001 �� il-- a 0 1:1 'v SCA-LE: V = 7-00, NORUH OL u R 10, L 005 67 R8 06 iJa p 5 tv u .1. r� 0 SOURCE: ST. LUCIE COUNTY SEC. TWP. R. RIM Jolt NO.: DRAWING NAME: DATE: FIGURE: FLORIDA 29 35S 41E R 09-012.00 03 - 2005 Ar,.It]Al,,DWG Of MAY 2009 30F9 R, LATrruD E: N27* 24'l 6.762" LONGITUDE: W0110116'03.499" DESIGNED BY: RLW DRAWN BY: AM V CHECKED BY: tj -DSOUTIIALL [WILLIKESS AN R. L. WEIGT Et NVIRONME NTAL ASSESSMENI'(EA) E, NVIROMWE NTAL CONSULTANTS. AT-1C. 11985 S.F. 11RIDGE ROAWSUITRA, 11011ESOUND, V1, 334S5 9,005 AEMAL PHOTOGRAPH PIRM& (772) 546.62F6 FAX: (772) 546-2316 F-MAll, v)Nvony(( I Packet Pg. 271 1 ol 100, 200, 400' 8001 0 L3 C4 r= ri .4 P_ 00 SCALE. 11 NORTH - if d td �J k 8 in f ray .12 �P \,,\ _;erg. Uj O H zo ic)URC u = p R ]OM NICATM RV RMV NOT REVIEWED BY OF VDKP OR USACOr PERSONNEL IN 411 DEP Nl-.LWII.I.I[A%,LrrtWAi.juRii)i&?ic)KAi.i)FTFitt4iNA7riom 'YORS AND MAPPERS N SM LUCIE "01MTY SEC- RIM JOB NO.: DRAWING NANTE: DATE: FiGul1r, o FLORIDA �Wp- 09-012.00 87. Mn-ArIll 13MA110.441AVAIM. 01 MAY2009 10179 29 � 51-7, Ai o LATITUDE: N27-24116.762" LONGITUDE: W089116'03.499" DESIGNEDIMRM DRAWNDY: "LiB Cr I ECKED M, AULLHESS AND SOU THALL R. L. "VVI UCT P;fdVIRONMEJ,ITAL ASSESqR,ZEHT (EA.), SNY MON ME DzITAL CONSULTANTS, iNC. RDRS S.E. BRIDGE ROAD, SUITE. A, HOTIESOU-M, FL 33455 III AVETLAIIID DE, LINE TION MAMHONE: (772) ri,16-6255 FAX: 5,16-2316 ri-NIAlf, I Packet Pg. 272 1 10.B.1.m APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION 1: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 7/6/09 B. DISTRICT OFFICE, FILE NAME, AND NUMBER:Jacltsonville District, Palm Beach Gardens Section, Millhess and Shoutitall Parcels, SAJ-7009-02290 (JD -SLR) C. PROJECr LOCATION AND BACKGROUND INFORMATION: State: Florida County/parish/borough: St. Lucie City: Ft. Pierce Center coordinates of site (]at/long in degree decimal format): Lat. 27.40490 N, Long. -80.2674 o W. Universal Transverse Mercator: Name of nearest waterbody: Atlantic Ocean Name of nearest Traditional Navigable Water (TN W) Into which the aquatic resource flows: Atlantic Ocean Name of watershed or Hydrologic Unit Code (HUC): ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. [] Check if other sites (e.g., offsite ntitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Detennination. Date: 0 Field Determination. Datc(s): 6/25/09 SECTION If: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. Thcre Are no "navigable waters oft/ie U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ❑ Waters subject to the ebb and flow of the tide. - ❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters ofthe U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [RequiredJ 1. Waters of the U.S. S a. indicate presence of waters of U.S. in review area (check all that apply)- t Fa 41 ❑ TNWs, including territorial seas c ® Wetlands adjacent to TNWs aD E ❑ Relatively permanent waters- (RPWs) that flow directly or indirectly into TNWs o 0 Non-RPWs that flow directly or indirectly into TNWs 0 ❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs u.l �] Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ❑ Impoundments of jurisdictional waters . ❑ Isolated (interstate or intrastate) waters, including isolated wetlands m 0 b. identify (estimate) size of waters of the U.S. in the review area: r Non -wetland waters: linear feet: width (ft) andior acres. Wetlands: 13.01 acres. E t c. Limits (boundaries) of jurisdiction based on: Established by mean (average) ltigli waters. Elevation of established OHWM (if known): Q 2. Non -regulated waters/wetlands (cheelc if applicable):' ❑ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: . 1 Boxes checked below shall be supported by completing the approprinte sections in Section 111 below. ' For purposes of this form, an RP W is defined as a tributary that is not a TNW and that typically flows year-round or has continuous now at least "scusunally" (erg•• typically 3 months). ' Supporting documentation is presented In Section III.F. Packet Pg. 273 10.B.1.m SECTION iiI: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section Iii.A.1 and Section III.D.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections li I.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. I. TNW Identify TNW: Atlantic Ocean and Indian River Lagoon. Summarize rationale supporting determination: The Atlantic Ocean and Indian River Lagoon is a TNW by definition. Wetland A flows to the Indian River Lagoon via a man-made excavated ditch (RPW) . Wetland B flows to the Indian River Lagoon through surface flow and via a man-made excavated ditch (RPW). 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": Wetland A and Bare adjacent to a TNW (Indian River Lagoon and Atlantic Ocean). B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapauos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that Is not perennial (and its adjacent wetlands If any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine If the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section 11I.11.1 for the tributary, Section 111.13.2 for any onsite wetlands, and Section II1.113 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section M.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (Q General Area Conditions: Watershed size: Picktist Drainage area: Pick List Average annual rainfall: inches Average annual snowfall: inches (Ill Physical Characteristics: (a) Relationship with TNW: ® Tributary flows directly into TNW. El Tributary flows through Pick List tributaries before entering TNW. Project waters are Pick List river miles from TNW. Project waters are Pick List river miles from RPW. Project waters are Pick List aerial (straight) miles from TNW. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: ° Note that the instructional Guidebook contains additional information regarding swalos, ditches, washes, and erosional features generally and in the arid West. r a Packet Pg. 274 10.B.1.m Identify flow rotate to TNW5: Man made ditch flows directly into the Monterrey Waterway. Length of ditch is approimately 325 feet. . Tributary stream order, if known: (b) General Tributary Characteristics (check all that apply). Tributary is: ❑ Natural ❑ Artificial (man-made). Explain: Ditch is man made and was most likely excavated within uplands and is draining wetland E.. ❑ Manipulated (than -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pick List. Primary tributary substrate composition (check all that apply): ❑ Silts ❑ Sands ❑ Concrete ❑ Cobblcs ❑ Gravel ❑ Muck ❑ Bedrock ❑ Vegetation. Type/% cover: ❑ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: Pick List Tributary gradient (approximate average slope): % (c) Elm Tributary provides for: Pick List Estimate average number of flow events in review area/year: Pick List Describe flow regime; Other information on duration and volume: Surface flow is: Pick List. Characteristics: Subsurface flow: Pick Gist. Explain findings: ❑ Dye (or other) test perforated: Tributary has (check all that apply): ❑ Bed and banks ❑ OHWM6 (check all indicators that apply): E ❑ clear, natural line impressed on the bank ❑ the presence of litter and debris ❑ changes in the character of soil ❑ destruction of terrestrial vegetation ❑ shelving ❑ the presence of wrack line ❑ vegetation matted down, bent, or absent ❑ sediment sorting E ❑ leaf litter disturbed or washed away ❑ scour p ❑ sediment deposition ❑ multiple observed or predicted flow events ❑ water staining ❑ abrupt change in plant community W ❑ other(list); ❑ Discontinuous OHWM.' Explain: E If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply); m 0 ❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by: r ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine she11 or debris deposits (foreshore) m ❑ physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges tts ❑ other (list): r Q (iii) Chemical Characteristics: 5 flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TN W. 6A nutural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e g., where the stream temporarily flows underground, or where the OFI WM has been removed by development or agricultural practices). Where there is a break in the 011WM that is unrelated to the wnterbody's flow regime (e.g„ flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow abovo and below the break. 'Ibid. Packet Pg. 275 10.B.1.m Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if Imown: a+ a Packet Pg. 276 10.B.1.m (iv) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian corridor. Characteristics (type, average width): ❑ Wetland fringe. Characteristics: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: amphibians, small birds and mammals. 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland duality. Explain: Project wetlands cross or serve as stale boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Pick List. Explain: Surface flow is: Pick List Characteristics: Subsurface flow: Pick List. Explain findings; ❑ Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by berm/banier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: 'Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Wate is clear, and has been stained from tannins in the leaf fall . Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): ❑ Vegetation type/percent cover. Explain: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if airy) All wetland(s) being considered in the cumulative analysis: Pick List Approximately { ) acres in total are being considered in the cumulative analysis. r a Packet Pg. 277 10.B.1.m For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: There are no biological, chemical or physical functions being performed by the wetland on the nearest Water of the U.S.. C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary Itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological Integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency or the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all Its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or Indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ❑ TNWs: linear feet width (ft), Or, acres. ®: Wetlands adjacent to TNWs: 13.01 acres. RPWs that flow directly or indirectly into TNWs. ❑ Tributaries ofTNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: ® Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: r a Packet Pg. 278 10.B.1.m Provide estimates for jurisdictional waters in the review area (check all that apply): ® Tributary waters: 400+/- linear feet 8-10 width (fl). ❑ Othcr non -wetland waters: acres. Identify type(s) of waters: 3. Non-RPWs8 that flow directly or indirectly into TNWs. El Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ❑ Tributary waters: linear feet width (ft). El Other non -wetland waters: acres. Identify type(s) of waters: IL a� r 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. 2 ® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. G ❑ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section iII.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: 2 c Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section 111.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly Q abutting an RPW: H Provide acreage estimates for jurisdictional wetlands in the review area: 13.01acres. T to 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. N ❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this W conclusion is provided at Section III.C. W r Provide acreage estimates for jurisdictional wetlands in the review area: acres. `p m 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and to with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this E conclusion is provided at Section I1i.C. — Provide estimates for jurisdictional wetlands in the review area: acres. y E 7. Impoundments of jurisdictional waters? 0 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. [] Demonstrate that impoundment was created fi•om "waters of the U.S.," or EJ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or W Demonstrate that water is isolated with a nexus to commerce (see B below). r m ISOLATED f INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, c DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):'o ❑ which are or could be used by interstate or foreign travelers for recreational or other purposes. E ❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ❑ which are or could be used for industrial purposes by industries in interstate commerce. r ❑ Interstate isolated waters. Explain: Q ❑ Other factors. Explain: `See Footnote # 3. To complete the analysis refer to the key in Section 111.D.6 of the instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA liQ for review consistent with the process described in the Corps/EPA Menrowndum Regarding CWA Act Juilsdiellon FblloWng Rapanos, Packet Pg. 279 10.B.1.m Identity water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters; linear feet width (R). ❑ Other non -wetland waters: acres. Identify types) of waters: ❑ We acres. F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY)- [] If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps oCEngineers c Wetland Delineation Manual and/or appropriate Regional Supplements. f° ❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. a aD ❑ Prior to the Jan 2001 Suprcmc Court decision in "SWANCC," the review area would have been regulated based solel on the "Migratory Bird Rule" (MBR). 2 L ❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain; G ❑ Other: (explain, if not covered above): R 2 Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MDR L) factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ❑ Non -wetland waters (i.e., rivers, streams): linear feet width (ft). Q ❑ Lakes/ponds: acres. Other non -wetland waters: acres. List type of aquatic resource: H Cl Wetlands: acres. T Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such W a finding is required for jurisdiction (check all that apply): o ❑ Non -wetland waters (i.e., rivers, streams): linear feet, width (ft). N ❑ Lakes/ponds: acres. to W ❑ Other non -wetland waters: acres. List type of aquatic resource: ❑ Wetlands: acres. v r L O Q SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reAdewed for JD (check all that apply - checked items shall be included in case file and, where checked v and requested, appropriately reference sources below): Q' E Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ❑ Data sheets prepared/submitted by or on behalf of the applicant/consultant. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. E ❑ Data sheets prepared by the Corps: a ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. w ❑ USGS 8 and 12 digit HUC maps. E ❑ U.S. Geological Survey map(s). Cite scale & quad name: ❑ USDA Natural Resources Conservation Service Soil Survey. Citation: pp ❑ National wetlands inventory map(s). Cite name: o ❑ State/Local wetland inventory map(s): r ❑ FEMA/FIRM maps: m ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) E ® Photographs: ® Aerial (Name & Date): or ® Other (Name & Date):6/25/09 site photos. ❑ Previous determination(s). File no. and date of response letter: Q ❑ Applicable/supporting case law: ❑ Applicable/supporting scientific literature: ❑ Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: Packet Pg. 280 10.B.1.m APPENDIX: B Correspondence from USFWS HSE 13-019.04 January 2015 ci Y Y a r T r O N W r L 0 a m U 0 Q. E c a� E c 0 L W a+ a Packet Pg. 281 10.B.1.m Range of southeastern beach mouse.txt From: Annie_ Dziergowski@fws.gov Sent: Friday, December 14, 2007 2:41 PM To: freda@rlwenv.com Subject: Range of southeastern beach mouse Freda, Per our conversation the current range of the southeastern beach occurs in Volusia, Brevard, and Indian River Counties. The northern range is at Smyrna Dunes Park in Volusia County south of Ponce Inlet. The next known location for southeastern beach mouse is Canaveral National Seashore, Merritt Island National Wildlife Refuge/Kennedy Space Center, and Cape Canaveral Air Force Station in Brevard County. We are currently looking at reintroducing beach mice at Archie Carr National Wildlife Refuge/Sebastian Inlet State Park north of the inlet. The only other known locations of southeastern beach mice south of Sebastian Inlet is Sebastian Inlet State Park and Pelican Island National Wildlife Refuge in Indian River County. Areas south of Indian River County into St. Lucie and Martin Counties are within the beach mouse's historic range but are now thought to be extirpated. The multi -species recovery plan for South Florida documents the last known capture of southeastern beach mice in St. Lucie County was in 1988. In 1997, a survey was conducted in St. Lucie County but no beach mice were captured. Let me know if you have any other questions. Annie ********************************************* Annie Dziergowski Fish and Wildlife Biologist U.S. Fish and Wildlife Service 6620 Southpoint Drive S., Suite 310 Jacksonville, FL 32216 Phone: (904) 232-2580 ext. 116 Fax: (904) 232-2404 Email: annie_dziergowski@fws.gov www.fws.gov/northflorida Page 1 Packet Pg. 282 10.B.1.m HSE 13-019.04 APPENDIX: C Protected Species Potentially Found in St. Lucie County -C- January 2015 a+ a Packet Pg. 283 10.B.1.m w w i� s� r`y r ®. U N bC A .d � 4 O z d b y 0 q A o U z [�] 0 V C a u 0 z z w 0 $Q 0 N H A Q Z z U �T. z G] b U ° 0 U c U y U U U U U U U N p C C A � ❑ � C Orrd p Orrd Ev� O O Sv� O R O D y y y ti n CO) q y c q c z ¢00 ¢cq E 0 ¢°A 00 Cl o. 6 ° Id 0 � o ° o ° Co O OA U y hq [L y •� y to oA ... N N U 7 U . b •O N by OD U O y •� •� .O p O � C •� 0 ' y C •� .n . 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E a Packet Pg. 286 10.B.1.m MW 2 R. ° a °O Q O. ° 6a ° P. ° 0. ° G ° & ° N G U C U O ❑ G U O q U O G C`ai 'A O C y G U 'e O C U O s U r O V� U a d V P. .N,. 2 a, ..N a� .'. a b0 ;p CO Z 00 00 p b0 p W p 00 „p b0 ;p b0 p G ca ' .� ❑ ca 'G s q 'C G ca 'C .❑ q ca 'C .G ❑ ca '� .� C N '� q ca q ca a> z N •O A .O A A .O A .❑ A y N U N N U N U N U N U N N U U N N N AO p G O G O O❑ O C O G O C O G G o C O z O O p O p O p O z O p O z G 1 G m q q ca G ca q at G ca ❑ ca C ca T T T T T T T T O G O C O G O G O C O C O ❑ O ❑ z z y z z z z z z z F w w w F w w w w z z w z z z z z tl 0 �•. •�. 01 O tl tl C V C titl41p b tl O 2. •n U m O U SL U A a O to _ C m D O N ON ❑ cd x 3 0 a a 00 q C m a > '� > > to �y ❑ is A ? 4 w z 7 W [- F 0 w F a1 U cn Packet Pg. 287 10.B.1.m HSE 13-019.04 APPENDIX: D Site Photographs -D- January 2015 a+ a Packet Pg. 288 10.B.1.m u H � 0 ME b Cd in > 10eq tn w�a t �'•I.^--.. Cl N w f` z z � L W � w oho o 06, kn VI en ' � 5 O MM Ms.? : Q 0 5 U z o ! `> > C4 U _U 3 U x F rA F O O O Z i4 a Packet Pg. 289 10.B.1.m G YSt+ ",i �i � ,1� ❑ 7 yp � O U yM E •.F j W � F. _L 41 ,.�.7�•L _.r •••��� d N jD - d F 3 W 'Y w O c A z z w " W O rw WCw (� C7 "•7; d � rz H e in o • d >+ r M F .t ,� d z � F d A d W z A M W N H Ih z w d o a a 'R �7 Z in. d _ w 3 F F" C4 V x a a 94 O F a Packet Pg. 290 10.B.1.m SOURCE: PHOTOGRAPHS BY HSE S 5 BETWEEN BACK DUNE/STRAND AND MANGROVE SWAMP BEHIND TOP OF DUNE NATIVE SPECIES, DOMINATED BY AUSTRALIAN PINE SOURCE: HSE SITE VISIT ST. LUCIE COUNTY SEC. T". R. HSE JOB NO.: FLORIDA 29 35S 41E HSE 13-019.02 LATITUDE: 27°24118.129" 1 LONGITUDE:-80°16'04.586" THE ATLANTIC ENVIRONMENTAL IMPACT REPORT (EIR) SITE PHOTOGRAPHS PHOTOGRAPH #06: BACK DUNE/STRAND AREA, NOTE DEPAUPERATE UNDERSTORY AND BEACH NAUPAKA IN MANGROVE SWAMP PHOTOGRAPH #10: BACK DUNE/STRAND AREA DOMINATED BY AUSTRALIAN PINE, NOTE BEACH NAUPAKA IN BACKGROUND PARCEL ID #S: 252923100020004, 252923100010007 DRAWING NAME: DATE: APPENDIX D FIGURE: APP D -03 PHOTO.DWG 30 JANUARY 2015 3 OF 4 DESIGNED BY: FRP DRAWN BY: FRP CHECKED BY:RLW HKobe Sound Environmental Consultants Inc. S 9512 SE Duncan Street Hobe Sound, FL. 33455 E(772) 545-3676, E-mail: bobbsenv@gmail.com Packet Pg. 291 10.B.1.m SOURCE: PHOTOGRAPHS BY HSE S a (FLUCFCS 612) PHOTOGRAPH #15: BRAZILAIN PEPPER AND AUSTRALIAN tl ,fir �..^'�r �v',"•-_ '-�:.`;f+�,�' _ ��...r f�`rt ._ ". nr-.,f1S`K' ''.Writ•,' `•' -� '-, �" ,ter i ' __ �. ; PHOTOGRAPH #12: AUSTRALIAN PINE AND BRAZILIAN PEPPER WITHIN MANGROVE SWAMP NAUPAKA ALONG EDGE iY PHOTOGRAPH 416: BEACH (FLUCFCS 710) AND BACK PINE ALONG SR AlA DUNE/STRAND AREA (FLUCFCS 720) DOMINATED BY AUSTRALIAN SOURCE: HSE SITE VISIT PINE PARCEL ID #S: 252923100020004, 252923100010007 ST. LUCIE COUNTY SEC. TWP. R. HSE JOB NO.: DRAWING NAME: DATE: APPENDIX D FLORIDA 29 35S 41E HSE 13-019.02 APP D -04 PHOTO.DWG 30 JANUARY 2015 FIGURE:4 OF 4 LATITUDE: 27°24'18.129" LONGITUDE:-80116'04.586" DESIGNED BY: RLW DRAWN BY: CKH CHECKED BY:RLW THE ATLANTIC H Hobe Sound Environmental Consultants Inc. 9512 SE Duncan Street ENVIRONMENTAL IMPACT REPORT (EIR) S Hobe Sound, FL. 33455 SITE PHOTOGRAPHS Ej (772) 545-3676, E-mail: bobhsenY@gmail.com Packet Pg. 292 10.B.1.m HSE 13-019.04 APPENDIX: E UMAM Sheets -E- January 2015 a+ a Packet Pg. 293 10.B.1.m APPENDIX E THE ATLANTIC STATE MITIGATION CREDIT CALCULATIONS Impact Area (Wetland A) Impact Size = 1.59 acres Existing UMAM Score = 0.73 w/Project UMAM Score = 0.00 Delta = w/Project UMAM - Existing UMAM = 0.00 - 0.73 = - 0.73 Functional Loss (FL) = Delta x Impact Acres = -0.73 x 1.59 = 1.161 Proposed State Mitigation On -site (Wetland A): Wetland Size =11.33 acres Existing UMAM Score = 0.73 w/Project UMAM Score = 0.77 Uplift (Delta) = UMAM w/mitigation - UMAM existing = 0.77 - 0.73 = 0.04 Time lag (t-factor) = 3 years = 1.07 Risk Factor = 1 Relative Functional Gain (RFG) = Delta/(t-factor x risk) = 0.04/(1.07 x 1) = 0.037 On -site Credit = RFG x Mitigation Acres = 0.037 x 11.33 On -site (Wetland B): Wetland Size = 0.134 acres Existing UMAM Score = 0.73 w/Project UMAM Score = 0.77 Uplift (Delta) = UMAM w/mitigation - UMAM existing = 0.77 - 0.73 = 0.04 Time lag (t-factor) = 3 years = 1.07 Risk Factor = 1 Relative Functional Gain (RFG) = Delta/(t-factor x risk) = 0.04/(1.07 x 1) = 0.037 Off -site Credit = RFG x Mitigation Acres = 0.037 x 0.134 = 0.005 Total Mitigation Credit = On -site Mitigation Credits Wetland A + On -site Mitigation Credits Wetland B = 0.4 + 0.005 = 0.425 Total Mitigation Credit FL - RFG = -1.161 + 0.425 = -0.74 credits needed to offset debits JANUARY 2015 RVSD L:\HSE\2013UOBS\HSE13-019 ATLANTIC ESTATES LADYKO\04 EIR REV 2015\UMAMA\UMAMA STATE MIT, Packet Pg. 294 10.B.1.m PART I — Qualitative Description (See Section 62-345.400, F.A.C.) Site/Project Name Application Number Assessment Area Name or Number The Atlantic, Hutchinson Island Wetland B (west of A-1-A) p FLUCCs code Further classification (optional) Impact or Mitigation Site? Assessment Area Size 612 Mitigation 0.134 ac. Basin/Watershed Name/Number Affected Waterbody (Class) Special Classification (I.e.OFW. AP, other Iocallstatelfederal designation of Importance) North Hutchinson Island p Geographic relationship to and hydrologic connection with wetlands, other surface water, uplands Hydrologically connected to the Indian River Lagoon aquatic preserve. Assessment area description Tidal mangrove wetlands Significant nearby features Uniqueness (considering the relative rarity in relation to the regional landscape.) Indian River Lagoon Aquatic Preserve Tidal, mangrove wetlands, designated as Class I waters (SLCLDC). Functions Mitigation for previous permit/other historic use Provides wildlife habitat, stormwater protection, nutrient N/A exchange. Anticipated Wildlife Utilization Based on Literature Review (List of species Anticipated Utilization by Listed Species (List species, their legal that are representative of the assessment area and reasonably expected to classification (E, T, SSC), type of use, and intensity of use of the be found ) assessment area) Avian wading species ie: wood stork, little blue heron, white Avian wading species ie: wood stork, little blue heron, ibis. Small mammals: racoons, opossum, Reptiles: red & white ibis. Atlantic sea turtles (coastline) yellow rat snake, atlantic species of sea turtles (coastal beach areas). at Observed Evidence of Wildlife Utilization (List species directly observed, or other signs such as tracks, droppings, casings, nests, etc.): Avian: Tricolored heron, northern cardinal, belted kingfisher. Mammals: raccoon, marsh rabbit. Reptiles: green anole, brown anole, six -lined racerunner. Additional relevant factors: Tidal mangrove wetlands hydrologically connected to the Indian River Lagoon Aquatic Preserve. Assessment conducted by: Assessment date(s): Freda Posin (Hobe Sound Environmental Consultants Inc.) 6-27-13 Form 62-345.900(1), F.A.C. [effective date 02-04-2004] r a Packet Pg. 295 10.B.1.m PART II — Quantification of Assessment Area (impact or mitigation) (See Sections 62-345.500 and .600, F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Atlantic Estates Wetland B p Impact or Mitigation Assessment conducted by: Assessment date: Mitigation Freda Posin (HSE) 6-27-13 Scoring Guidance The scoring of each indicator is based on what would be suitable for the type of wetland or surface water assessed Optimal 10) Moderate(7) Minimal (4) Not Present (0) Condition is less than Condition is optimal and fully optimal, but sufficient to Minimal level of support of Condition is insufficient to supports wetland/surface maintain most wetland/surface water provide wetland/surface water functions wetland/surface functions water functions waterfunctions 5Location and Land Landscape Support /o pres or current with 7 7 Without: No adjacent development other than A-1 A, surrounding land use is natural native habitats. -there is exotic ( Australian pine, Brazilian pepper) vegetation infestation adjacent to A-1-A and eastern coastal areas. With: No significant change. Without: The dominant habitat type is tidal mangrove swamp (612). Tidal exchange occurs between the on -site wetlands and the Indian River Lagoon. This tidal exchange .500(6)(b)WaterEnvironment has been enhanced by culvert connections and mechanical pumping within the (n/a for uplands) adjacent mosquito control impoundments. With: No significant change /o pres or current with 7 7 .500(6)(c)Community structure Without: Canopy and ground cover is consistent with an mangrove wetland system. There is exotic ( Australian pine, Brazilian pepper) vegetation infestation adjacent to A-1-A and along mosquito control berms. 1. Vegetation and/or 2. Benthic Community With: All exotics removed from site and kept below 5% in perpetuity. Parcel is protected by a conservation easement. Vegetation appropriate for habitat type. /o pres or current with _J 8 9 I Score = sum of above scores/30 (if If preservation as mitigation, uplands, divide by 20) current Preservation adjustment factor = r w/o res with Adjusted mitigation delta = 0.73 0.77 If mitigation Delta = [with -current] Time lag (t-factor) = 1.07 (3 years) 0.04 Risk factor = 1 Form 62-345.900(2), F.A.C. [effective date 02-04-2004] For impact assessment areas FL = delta x acres = For mitigation assessment areas RFG = delta/(t-factor x risk) = 0.037 0.037 x 0.134=0.005 credits a Packet Pg. 296 10.B.1.m PART I — Qualitative Description (See Section 62-345.400, F.A.C.) Site/Project Name Application Number Assessment Area Name or Number The Atlantic, South Hutchinson Island Wetland A (east of A-1-A) p FLUCCs code Further classification (optional) Impact or Mitigation Site? Assessment Area Size 612 Mitigation 11.33 ac. Basin/Watershed Name/Number I Affected Waterbody (Class) Special Classification Q.e.oFw, AP, other locallstatelfederal designation of importance) North Hutchinson Island 13 Geographic relationship to and hydrologic connection with wetlands, other surface water, uplands Hydrologically connected to the Indian River Lagon aquatic preserve. Assessment area description Tidal mangrove wetlands Significant nearby features Uniqueness (considering the relative rarity in relation to the regional landscape.) Indian River Lagoon Aquatic Preserve Tidal, mangrove wetlands, designated as Class I waters (SLCLDC). Functions Mitigation for previous permit/other historic use Provides wildlife habitat, stormwater protection, nutrient N/A exchange. Anticipated Wildlife Utilization Based on Literature Review (List of species Anticipated Utilization by Listed Species (List species, their legal that are representative of the assessment area and reasonably expected to classification (E, T, SSC), type of use, and intensity of use of the be found ) assessment area) Avian wading species ie: wood stork, little blue heron, white Avian wading species ie: wood stork, little blue heron, ibis. Small mammals: racoons, opossum, Reptiles: red & white ibis. Atlantic sea turtles (coastline) yellow rat snake, atlantic species of sea turtles (coastal beach areas). p Observed Evidence of Wildlife Utilization (List species directly observed, or other signs such as tracks, droppings, casings, nests, etc.): Avian: Tricolored heron, northern cardinal, belted kingfisher. Mammals: raccoon, marsh rabbit. Reptiles: green anole, brown anole, six -lined racerunner. Additional relevant factors: Tidal mangrove wetlands hydrologically connected to the Indian River Lagoon Aquatic Preserve. Assessment conducted by: Assessment date(s): Freda Posin (Hobe Sound Environmental Consultants Inc.) 6-27-13 Form 62-345.900(l), F.A.C. [effective date 02-04-2004) r a Packet Pg. 297 10.B.1.m PART II - Quantification of Assessment Area (impact or mitigation) (See Sections 62-345.500 and .600, F.A.C.) Site/Project Name Application Number Assessment Area Name or Number The Atlantic South Hutchinson Island Wetland A p impact or Mitigation Assessment conducted by: Assessment date: Mitigation Freda Posin (HSE) 6-27-13 Scoring Guidance The scoring of each indicator is based on what would be suitable for the type of wetland or surface water assessed Optimal (10) Moderate(7) Minimal (4) Not Present (0) Condition is less than Condition is optimal and fully optimal, but sufficient to Minimal level of support of Condition is insufficient to supports wetland/surface maintain most wetland/surface water provide wetland/surface water functions wetland/surface functions water functions waterfunctions 5Location and Land Landscape Support /o pres or current with 7 7 Without: No adjacent development other than A-1 A, surrounding land use is natural native habitats. There is exotic ( Australian pine, Brazilian pepper) vegetation infestation adjacent to A-1-A and eastern coastal areas. With: Development adjacent to wetland. Exotics removed from remainder of surrounding habitats and kept below 5% in perpetuity. Mangrove wetland put in conservation easement dedicated to SLC. Without: The dominant habitat type is tidal mangrove swamp (612). Tidal exchange occurs between the on -site wetlands and the Indian River Lagoon. This tidal exchange .500(6)(b)WaterEnvironment has been enhanced by culvert connections and mechanical pumping within the (n/a for uplands) adjacent mosquito control impoundments. With: Insignificant change /o pres or current with 7 7 .500(6) (c) Community structure Without: Canopy and ground cover is consistent with an mangrove wetland system. There is exotic ( Australian pine, Brazilian pepper) vegetation infestation adjacent to A-1-A and eastern coastal areas. 1. Vegetation and/or 2. Benthic Community With: Exotics will be removed and kept below 5% in perpetuity. with 1l E 9 Score = sum of above scores/30 (if If preservation as mitigation, uplands, divide by 20) current Preservation adjustment factor = r w/o res with Adjusted mitigation delta = 0.73 0.77 If mitigation Delta = [with -current] Time lag (t-factor) = 1.07 (3 years) 0.77-0.73 = 0.04 Risk factor = 1 Form 62-345.900(2), F.A.C. [effective date 02-04-2004] For impact assessment areas FL = delta x acres = For mitigation assessment areas RFG = delta/(t-factor x risk) = 0.037 0.037 x 11.33 = 0.42 credits a Packet Pg. 298 10.B.1.m PART I — Qualitative Description (See Section 62-345.400, F.A.C.) Site/Project Name Application Number Assessment Area Name or Number The Atlantic, Hutchinson Island Wetland A (east of A-1-A) p FLUCCs code Further classification (optional) Impact or Mitigation Site? Assessment Area Size 612 Impact 1.59 ac. Basin/Watershed Name/Number Affected Waterbody (Class) Special Classlflcatlon Q.e.OFW, AP, other local stale/federal designation of importance) North Hutchinson Island p Geographic relationship to and hydrologic connection with wetlands, other surface water, uplands Hydrologically connected to the Indian River Lagoon aquatic preserve. Assessment area description Tidal mangrove wetlands Significant nearby features Uniqueness (considering the relative rarity in relation to the regional landscape.) Indian River Lagoon Aquatic Preserve Tidal, mangrove wetlands, designated as Class I waters (SLCLDC). Functions Mitigation for previous permit/other historic use Provides wildlife habitat, stormwater protection, nutrient N/A exchange. Anticipated Wildlife Utilization Based on Literature Review (List of species Anticipated Utilization by Listed Species (List species, their legal that are representative of the assessment area and reasonably expected to classification (E, T, SSC), type of use, and intensity of use of the be found ) assessment area) Avian wading species ie: wood stork, little blue heron, white Avian wading species ie: wood stork, little blue heron, ibis. Small mammals: racoons, opossum, Reptiles: red & white ibis. Atlantic sea turtles (coastline) yellow rat snake, atlantic species of sea turtles (coastal beach areas). p Observed Evidence of Wildlife Utilization (List species directly observed, or other signs such as tracks, droppings, casings, nests, etc.): Avian: Tricolored heron, northern cardinal, belted kingfisher. Mammals: raccoon, marsh rabbit. Reptiles: green anole, brown anole, six -lined racerunner. Additional relevant factors: Tidal mangrove wetlands hydrologically connected to the Indian River Lagoon Aquatic Preserve. Assessment conducted by: Assessment date(s): Freda Posin (Hobe Sound Environmental Consultants Inc.) 6-27-13 Form 62-345.900(1), F.A.C. [effective date 02-04-20041 r a Packet Pg. 299 10.B.1.m PART II — Quantification of Assessment Area (impact or mitigation) (See Sections 62-345.500 and .600, F.A.C.) Site/Project Name Application Number Assessment Area Name or Number The Atlantic Wetland A Impact or Mitigation Assessment conducted by: Assessment date: Impact Freda Posin (HSE) 6-27-13 Scoring Guidance The scoring of each indicator is based on what would be suitable for the type of wetland or surface water assessed Optimal (10) Moderate(7) Minimal (4) Not Present (0) Condition is less than Condition is optimal and fully optimal, but sufficient to Minimal level of support of Condition is insufficient to supports wetland/surface maintain most wetland/surface water provide wetland/surface water functions wetland/surface functions water functions waterfunctions Without: No adjacent development other than A-1 A, surrounding land use is natural native habitats. There is exotic ( Australian pine, Brazilian pepper) vegetation infestation .500(6)(a) Location and adjacent to A-1-A and eastern coastal areas. Landscape Support pres or current with / 1 1 V Without: The dominant habitat type is tidal mangrove swamp (612). Tidal exchange occurs between the on -site wetlands and the Indian River Lagoon. This tidal exchange .500(6)(b)WaterEnvironment has been enhanced by culvert connections and mechanical pumping within the (n/a for uplands) adjacent mosquito control impoundments, to pres or current with 7 N .500(6)(c)Community structure Without: Canopy and ground cover is consistent with an mangrove wetland system. There is exotic ( Australian pine, Brazilian pepper) vegetation infestation adjacent to A-1-A and eastern coastal areas. 1. Vegetation and/or 2. Benthic Community b pres or current with I I 0 Score = sum of above scores/30 (if If preservation as mitigation, uplands, divide by 20) current Preservation adjustment factor = r w/o Fes with Adjusted mitigation delta = 0.73 0 If mitigation Delta = [with -current] Time lag (t-factor) _ -0.73 Risk factor = Form 62-345.900(2), F.A.C. [effective date 02-04-20041 For impact assessment areas FL = delta x acres = -0.73 x 1.59=-1.161 For mitigation assessment areas RFG = delta/(t-factor x risk) = Packet Pg. 300 10.B.1.n EW CONSULTANTS, INC. NATURAL RESOURCE MANAGEMENT, WETLAND, AND ENVIRONMENTAL PERMITTING SERVICES THE ATLANTIC PRESERVE AREA MONITORING AND MAINTENANCE PLAN Prepared by: EW Consultants, Inc. 00 0 r C d E t V © EW Consultants, Inc. Q December 2015 (revised February 2016) 601 HERITAGE DRIVE, SUITE 124 -JUPITER, FL 33458 - 561-623-5475 - FAX 561-623-5481 WWW. EWCONSULTANTS. COM Packet Pg. 301 10.B.1.n THE ATLANTIC PRESERvE AREA MANAGEMENT AND MAINTENANCE PLAN I. INTRODUCTION The Atlantic project site consists of approximately 22.06 acres of land located east of State Road AlA and approximately 0.13 acres of land located west of State Road AlA, for a total area of approximately 22.19 acres. The site is located west of the Atlantic Ocean, and east of the Indian River in Section 29, Township 35 South, Range 41 East, St Lucie County, Florida (Figures 1 and 2). This Preserve Area Management and Monitoring Plan (PAMMP) has been prepared for the proposed upland and wetland preservation areas on the site. The plan addressed the delineation of the preserve area, prohibited activities, and monitoring and maintenance for the preserve areas. II. EXISTING SITE CONDITIONS Existing communities located within the project site include mangrove swamp, disturbed coastal dune and beach. Vegetative species of each community have been described in the Environmental Impact Report (EIR) previously prepared for the project. A total of 12.6 acres of mangrove swamp, 6.24 acres of disturbed coastal dune and strand, and 3.35 acres of beach exist on the site. III. DELINEATION OF PRESERVE AREAS For purposes of this PAMMP, preserve areas are shown on the Master Site Plan for The Atlantic prepared by Ladyko Design Group, LLC (Figure 4). Currently, the total native habitat on -site consists of 5.87 acres of disturbed coastal dune. The project proposes to enhance 1.39 acres of coastal strand in the area that was highly disturbed by the hurricanes of 2004 and 2005, as well as to restore 1.17 acres of coastal dune. Total native upland habitat to be restored and preserved will be 2.56 acres or 41%, plus an additional 0.43 acres of upland buffer that will be incorporated into the site plan. See Figures 5 and 6 for strand and dune planting plans. The upland buffer areas will be planted with native vegetation typical of coastal communities as detailed on the project landscape plans. Only non -woody vegetation shall be planted within the 20' wide dune access area. The project site also contains 12.6 acres of mangrove swamp. The project proposes to enhance L and preserve 11.39 acres, or 90%, of mangrove swamp through exotic removal and supplemental a planting where necessary. See Figure 7 for mangrove enhancement plan. A small amount of credit will be generated by the wetland enhancement work that may be used to mitigate for o0 wetland impacts. Any remaining mitigation requirement will be purchased at a permitted mitigation bank with available saltwater credits and with a service area that includes this project. E The wetland and upland preservation exceeds the 25% native plant community requirements of Section 6.02.011) of the St. Lucie County Land Development Regulations. The applicant is a proposing 41 % of coastal strand/dune upland and 90% of mangrove swamp wetland communities. Enhanced and preserved uplands and wetlands east and west of SR AlA will be placed in 601 HERITAGE DRIVE, SUITE 124 - JUPITER, FL 33458 • 561-623-5475 • FAx 561-623-5481 WWW.EWCONSULTANTS.COM Packet Pg. 302 10.B.1.n THE ATLANTIC PRESERvE AREA MANAGEMENT AND MAINTENANCE PLAN conservation easement in favor of St. Lucie County to be preserved in perpetuity. Figure 8 depicts the conservation easement areas. IV. SURVEY REQUIREMENTS All preserve areas shall be surveyed and staked based on the approved Master Site Plan for the Atlantic project. No plant material shall be removed from the Preserve Areas to facilitate surveying, fencing, or soil boring without prior permission from the St. Lucie County Environmental Resources Division. A. Barricading Requirements The Applicant will ensure that all Preserve Areas are protected with physical barriers during all clearing and construction activities in accordance with the following guidelines. 1. Preserve area signs shall be in place and accepted by St. Lucie County ERD staff prior to issuance of Certificate of Occupancy. 2. Barricades (not including turbidity screens) will be high visibility orange safety fence with a final height of at least 4 feet above the ground. Barricades shall not be attached to vegetation. 3. All barricades and turbidity screens will be upright and maintained intact for the duration of construction. 4. Where areas are proposed for clearing (i.e. building envelope, utilities, drainage, road right-of-way, etc.) the bright orange barricades must be offset at least 10 feet outside the Preserve Area or placed at the dripline of the canopy trees, whichever is greater. 5. All native vegetation (not approved for removal as part of development plans) shall be retained in their undisturbed state and will be barricaded at or outside the drip line of the trees. 6. Cut or fill will meet existing grade without encroaching into the Preserve Areas. 7. In the event that any protective barricades are removed or altered and land o0 clearing or construction work is being conducted on -site, all work at the site will be stopped until the barriers are restored and any necessary corrective actions taken to repair or replant of any vegetation removed or damaged as a result of z encroachments. a 8. Additional measures, such as split rail fence and rope/bollards, will be installed following construction activities to provide continuous protection of upland and wetland preserve areas (Figure 9). 601 HERITAGE DRIVE, SUITE 124 - JUPITER, FL 33458 • 561-623-5475 • FAx 561-623-5481 WWW.EWCONSULTANTS.COM Packet Pg. 303 10.B.1.n THE ATLANTIC PRESERvE AREA MANAGEMENT AND MAINTENANCE PLAN 9. Preserve areas will be posted with signage marked "Preserve Area" (Figure 10). 10. Two Sea Turtle Protection signs will be placed at the front of the dune cross-overs (Figures 9 and 11). 11. Ropes and bollards will be placed along the dune line to ensure that residents utilize the dune cross-overs to access the beach (Figure 9). B. Prohibited Activities Prohibited activities in the Preserve Areas include, but are not limited to: construction or placing of building materials on or above the ground; dumping or placing soil or other substances such as garbage, rash, and cuttings; removal or destruction of native trees, shrubs or other native vegetation; any planting within the preserve areas except as provide for by permit; excavation, dredging or removal of soil materials; diking or fencing; vehicular traffic including recreational vehicles and off road vehicle use; any unauthorized pedestrian or motorized use within the conservation easement areas shall be punishable by applicable Federal, State, and County regulations; permanent irrigation, trimming, pruning or fertilization; and any other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife conservation and preservation. To best protect listed sea turtle species, a copy of the Sea Turtle Protection Plan will be attached to the Property Owners Association documents. No hazardous material other than fuel for refueling on -site heavy equipment will be stored on -site during the construction phases. On -site fuel tanks will not be located within 25-feet of any Preserve Area and shall be removed upon completion of construction work. Development activities, such as the construction of building pads for associated structures, swales, or culverts for surface water management will not alter the hydrology of adjacent preserve areas, nor should any activities increase non -point source pollution in the preserves. Best Management Practices (BMP's), as well as Florida Yards and Neighborhood Program Handbook will be included in POA documents to prevent residents from polluting preserve areas. V. RESTORATION, MANAGEMENT & MAINTENANCE ACTIVITIES Except for approved restoration, management and maintenance activities, Preserve Areas will be left o0 undisturbed. All maintenance of Preserve Areas will be in accordance with this PAMMP. Maintenance and management activities will be performed by or under the supervision of a qualified environmental professional. The Atlantic Property Owners Association shall accept responsibility E z for perpetual maintenance and management of the Preserve Areas and shall agree to take action against owners as necessary to enforce the conditions of the conservation easement, environmental a resource permits and all other conditions of this PAMMP. The following activities shall be allowed within the Preserve Areas with prior written approval from St. Lucie County: 601 HERITAGE DRIVE, SUITE 124 - JUPITER, FL 33458 • 561-623-5475 • FAx 561-623-5481 WWW.EWCONSULTANTS.COM Packet Pg. 304 10.B.1.n THE ATLANTIC PRESERvE AREA MANAGEMENT AND MAINTENANCE PLAN • Exotic plant removal and exotic plant maintenance activities • Supplemental planting of native vegetation as necessary • Removal of dead, diseased or safety hazard plant material • Installation and maintenance of culverts for increased tidal flushing A. Exotic Species Exotic vegetation in the Preserve Areas shall be removed by the least ecologically damaging method available. Such methods include roller chopping, hand pulling, hand spading, chainsaw and/or treatment with appropriate herbicide. No debris, such as plant clippings or wood scraps, shall be left in the Preserve Areas. All exotic species will be removed or treated prior to issuance of a Certificate of Occupancy. Exotic and invasive species will continually be treated in perpetuity, as necessary. B. Restoration Area Grading The dune restoration areas shall be graded where necessary to meet the dune restoration height criteria outlined in Land Development Code Section 6.02.01.17. The criteria is as follows: All restored dunes, unless otherwise approved by the State, shall have the maximum height elevation specified below: a. One (])foot greater than the minimum required flood elevation for the subject parcel of land; or b. Equal to the height of the adjacent dune. In no case shall the restored dune be less than eight (8) feet in elevation above mean sea level, i.e., the nineteen (19) year hourly average of heights as defined by the Florida Department of Environmental Protection in Chapter 16B-33, Florida Administrative Code, unless otherwise approved by the State. C. Supplemental Planting Any revegetation which may be necessary as a result of exotic vegetation removal or a` site construction activities shall consist of native plant species indicative of the existing c adjacent plant communities (Figures 5-7). This will ensure that the Preserve Areas m maintain indigenous plant associations. Supplemental planting plans shall be submitted o to St. Lucie County for approval prior to implementation, which will include species listed in Figures 5-7. z D. Removal of Plant Material a No native plant material shall be removed from the Preserve Areas. Dead or diseased plant material may be removed only upon a written finding by St. Lucie County that the 601 HERITAGE DRIVE, SUITE 124 • JUPITER, FL 33458 • 561-623-5475 • FAx 561-623-5481 WWW.EWCONSULTANTS.COM Packet Pg. 305 10.B.1.n THE ATLANTIC PRESERvE AREA MANAGEMENT AND MAINTENANCE PLAN material creates a safety hazard to buildings within the fall zone of the material or if the material does not add to the continued health of the Preserve Area. Supplemental planting may be required for any removed plant material. VI. MISCELLANEOUS PROVISIONS AND RESTRICTIONS A. Dust During construction, dust annoyance to adjacent property owners and Preserve Areas shall be eliminated via application of water or other approved means. B. Noise Noise resulting from the project site construction shall not exceed the noise levels and other requirements stated in St. Lucie County Ordinances. C. Periodic Cleanup/Basic Site Restoration During construction, all accumulated debris and cleared vegetation will be removed from the project site on a regular basis, and as ordered by the Environmental Consultant and/or Project Engineer. NO construction debris or cleared vegetation shall be moved or stored within the Preserve Areas. D. Water Quality Turbidity curtains and erosion control structures will be installed around all Preserve Areas to prevent siltation and encroachment of turbid waters. All turbidity curtains and erosion control structures installed will be inspected by the Engineer and Environmental Consultant prior to construction activities. Additionally, the number, verbiage, and location of signs and fences will be accepted by SLC ERD staff prior to the issuance of a certificate of occupancy (Figures 9-11). In accordance with the State NPDES stormwater permitting program, the project engineer will be required to develop a Stormwater Pollution Prevention Plan (SWPPP) for implementation during project construction and submit a Notice of Intent (NOI) to DER E. Chemical, Fuel and Other Hazardous Materials 00 All chemicals, fuel, and other hazardous materials used on site during construction activities, whether herbicide, pesticide, solvent, or reactant of other classification, will be required to have Environmental Protection Agency (EPA) or Housing and Urban z Development (HUD) approval. The handling, use, storage, and disposal of such materials, containers or residues shall be in strict conformance with the manufacturer a and/or suppliers instructions. NO chemicals, fuel, or other hazardous materials will be stored within the Preserve Areas. A hazardous substance cleanup kit will be kept on- 601 HERITAGE DRIVE, SUITE 124 - JUPITER, FL 33458 • 561-623-5475 • FAx 561-623-5481 WWW.EWCONSULTANTS.COM Packet Pg. 306 10.B.1.n THE ATLANTIC PRESERvE AREA MANAGEMENT AND MAINTENANCE PLAN site during construction activities. NO chemicals, fuel, or other hazardous materials will be stored within 25 feet of the Preserve Areas. F. Construction Equipment No heavy equipment or construction equipment shall be stored, cleaned, repaired, or fueled within 25 feet of a Preserve Area. VII. MONITORING AND MAINTENANCE PLAN The proposed Preserve Areas on the project site will be monitored annually for a five year period. The preserve areas east and west of SR AlA will be placed in a conservation easement in favor of St. Lucie County and maintained by the POA in perpetuity. A time -zero monitoring report will be completed prior to construction. Monitoring will be conducted annually and annual reports documenting the results of the annual monitoring events will be prepared to document the conditions with the Preserve Areas. The reports will include vegetation analysis, wildlife observations, panoramic photographs, hydrology observations and a summary of the findings. A. Monitoring Set-up Four monitoring transects will be established within the Preserve Areas (Figure 12). The beginning of each transect will be marked with PVC pipe filled with concrete or equivalent. These monuments will also serve as the panoramic photograph locations. A compass bearing from the monuments will be established for each transect and recorded. The transect locations will also be field -located with a handheld GPS unit and the coordinates will be recorded. B. Panoramic and Quadrat Photographs During each monitoring event, a color panoramic photograph of each transect will be taken. A single photograph will also be taken at each sampling quadrat. The photographs will provide physical documentation of the conditions within the preserve L areas. Photographs of the annual monitoring events will be included in each of the a annual reports. 00 C. Wildlife Observations c as A qualitative study of wildlife utilization (birds, mammals, amphibians and reptiles) E will be conducted during each monitoring event. Wildlife utilization will be determined by sighting, scat, calls, nests, burrows, tracks, etc. A species list of a observed wildlife from each of the monitoring events will be compiled and included in the annual reports. 601 HERITAGE DRIVE, SUITE 124 - JUPITER, FL 33458 • 561-623-5475 • FAx 561-623-5481 WWW.EWCONSULTANTS.COM Packet Pg. 307 10.B.1.n THE ATLANTIC PRESERvE AREA MANAGEMENT AND MAINTENANCE PLAN D. Fish and Aquatic Macroinvertebrate Sampling Qualitative sampling for the presence of fish and macroinvertebrates will be conducted by biologists during each monitoring event and a species list will be compiled. Fish and macroinvertebrates may be collected with cast nets, seines, dipnet, and/or dredge depending upon site conditions at the time of sampling. E. Hydrology One water level monitoring well data logger will be installed in the wetland (Figure 12). The data logger will be installed on a 3" PVC pipe. Elevation of the data logger will be located by professional survey and referenced to NAVD. One rain gaage data logger will be installed within the wetland to record daily rainfall on the site. The rain gauge data logger will be installed on a 4" PVC pipe. Data stored in the data loggers will be downloaded to a computer during each monitoring event and the data will be graphed. F. Exotic Plant Species Exotic and nuisance plant species found within the Preserve Areas will be treated or removed and maintained in perpetuity. Routine maintenance will be performed on an as -needed basis depending on conditions during each monitoring event or review of the Preserve Areas. The Preserve Areas will be maintained with < 5% of listed exotic vegetation as defined by the Exotic Pest Plant Council (Table 1). Maintenance will be conducted in perpetuity and will run with the land. a 601 HERITAGE DRIVE, SUITE 124 - JUPITER, FL 33458 • 561-623-5475 • FAx 561-623-5481 WWW.EWCONSULTANTS.COM Packet Pg. 308 10.B.1.n THE ATLANTIC PRESERvE AREA MANAGEMENT AND MAINTENANCE PLAN LIST OF FIGURES 1. Location Map 2. Quad Map 3. Aerial 4. Site Plan 5. Back Dune Strand Planting Plan 6. Frontal Dune Planting Plan 7. Mangrove Enhancement Plan 8. Conservation Easement Areas 9. Preserve Fence & Sign Map 10. Preserve Sign Details 11. Sea Turtle Sign Details 12. Monitoring Plan TART F 1. Florida Exotic Pest Plant Council Category I Invasive Exotic Species (2015) a 601 HERITAGE DRIVE, SUITE 124 - JUPITER, FL 33458 • 561-623-5475 • FAx 561-623-5481 WWW.EWCONSULTANTS.COM Packet Pg. 309 I 10.B.1.n I Dr 9 0 Causeway a f auks as Island a. L O .C� C 68 k r c c� r s Hutchinson Island a F- ° 42 o ❑ fn ^ W W QD �I f may}' 0 Q ' ��• -A C 2015 HERE © AND 0 2015 Microssooft Corporation LEGEND ® - SITE (22.2+/- AC) o 4,000 Feet THE ATLANTIC LOCATION MAP CONSULTANTS. INC. EW CONSULTANTS, INC. JAN 2016 601 HERITAGE DRIVE, SUITE 124 FIGURE JUPITER, FLORIDA 33458 561.623.5475 FAX 561.623.5481 1 WWW.EWCONSULTANTS.COM m 0 E a a Packet Pg. 310 10.B.1.n 4, '� Y�f^J :��'::.:�" � �qmi rin::..:" �• - ti: � M���e . ���=ax: tp rF � �. �.. _. y,•_�..w �dsncf r.. �... H E ATLANTIC 33 OCEAN -Vhr 12 I ;i�cti t •' ,�..�. � verb �' �w+ �? `5 T'" ^ / d aft, Porm.. IN vl� INDI-AN � 9:L RIVER 7 y- . � ?lttk6kVs � .-1�:� - ••��� C7 II - 7Q " - J 27 - r.�� •� -i 46 •� 5 . SITEY.S •. t , USGS QUAD MAP "FORT PIERCE", SECTION 29, TOWNSHIP 35 SOUTH, RANGE 41 EAST, = i w FORT PIERCE, ST LUCIE COUNTY, FLORIDA, LATITUDE 27'24'19" LONGITUDE—8016,04" 0 4000 LEGEND ' SCALE IN FEET - SITE (22.2± AC) THE ATLANTIC QUAD MAP Df =L EW CONSULTANTS, INC. JAN 2016 601 HERITAGE DRIVE, SUITE 124 FIGURE JUPITER, FLORIDA 33458 561-623-5475 FAx 561-623-5481 W W W. EWCONSULTANTS.COM Q Packet Pg. 311 }����3�� Fw` 10.B.1.n Packet Pg. 313 10.B.1.n TYPICAL BACK DUNE (STRAND) PLANTING PLAN BACKDUNE (3' o.c., liner) Distichlis spicata Saltgrass Panicum amarum Panic grass Ernodea littoralis Beach creeper (6' o.c., 1gal) Serenoa repens Saw palmetto Suriana maritima Bay cedar (10' o.c., 1gal) Chrysobalanus icaco Coco plum (10' o.c., 3 gal) Coccoloba uvifera Sea grape BACK DUNE WIDTH VARIES *NOTE: • To be planted in a random mosaic pattern. • Quantity of plants will be determined by size of restoration area and spacing (o.c.) of selected plants. • Referenced species may be substituted with other appropriate native species based on availability. • Location of plants may be field adjusted as need be. THE ATLANTIC QI BACK DUNE (STRAND) PLANTING PLAN I EW CONSULTANTS, INC. JAN 2016 601 HERITAGE DRIVE, SUITE 124 FIGURE JUPITER, FLORIDA 33458 561-623-5475 FAx 561-623-5481 WWW.EWCONSULTANTS.COM Q Packet Pg. 314 10.B.1.n TYPICAL FRONTAL DUNE PLANTING PLAN 25' FRONTAL DUNE (3' o.c., liner) Paspalum vaginatum Seashore paspalum grass Sesuvium portulacastrum Sea Purslane Helianthus debilis Dune sunflower Panicum amarum Coastal panic grass Uniola paniculata Sea oats (3' o.c., bare root) Spartina Patens Saltmeadow cordgrass (3' o.c., 1 gal) Ipomoea pes-caprae Railroad vine ATLANTIC OCEAN OCEAN -WARD LIMIT OF DUNE REVEGETATION AREA *NOTE: • Uniola paniculata Sea oats to be planted on 3' o.c. along entire frontal dune with other species interspersed throughout. • To be planted in a random mosaic pattern. • Quantity of plants will be determined by size of restoration area and spacing (o.c.) of selected plants. • Referenced species may be substituted with other appropriate native species based on availability. • Location of plants may be field adjusted as need be. THE ATLANTIC FRONTAL DUNE PLANTING PLAN EW CONSULTANTS, INC. JAN 2016 601 HERITAGE DRIVE, SUITE 124 FIGURE JUPITER, FLORIDA 33458 561-623-5475 FAx 561-623-5481 WWW.EWCONSULTANTS.COM Q Packet Pg. 315 10.B.1.n TYPICAL MANGROVE ENHANCEMENT PLAN NOTE: REMOVE EXOTIC VEGETATION WIDTH VARIES Red mangrove (Rhizophora mangle BARE ROOT SEEDLINGS, THREE -LEAF STAGE MINIMUM, TO BE PLANTED T OC BACKFILL, IF NECESSARY, WITH IMPROVED SOIL TO EXISTING GRADE MANGROVE EW CONSULTANTS, INC. Packet Pg. 316 1 10.B.1.n !n Q w ofQ U HUTCHINSON SANDS 39 29 RESOLUTION NO. 07-247 AS RECORDED IN ST. LUCIE COUNTY, FLORIDA LO .c� to 04 ch LLI ci t } t } t } +++#*} } *+**}*} } ++++}*} } ++*}}*# ++ n cu * } + # + * + * } * } + * + * } * } + + + C *}+t}+*t}+#t+P°+C+;t*Yy.++}++++t+}#++tt+++t+}+'O +t*}+* t+ *++* +* t+ *++* ++ t+ *+** #+ +t cu W W LEGEND + *+ + MANGROVE CONSERVATION AREA 11.39± AC THE ATLANTIC + +* +* — ( ) CONSERVATION EASEMENT — DUNE CONSERVATION AREA (2.56± AC) AREAS y 200 � EW CONSULTANTS, INC. JAN 201'. Q FIGURE SCALE IN FEET n-:.,'ell Packet Pg. 317 10.B.1.n HUTCHINSON SANDS 90 29 RESOLUTION NO. 07-247 AS RECORDED IN ST. LUCIE COUNTY, FLORIDA VP 00* r++++++++rt++++++t+++tt+++tt+t+r++ + `k \,`' + • �� + + + ++ +++ +r++++ t ++ r++ tt t +++r+r t++ ++ + ++ + +r++++ ++ t + LEGEND ++++rr++t — MANGROVE CONSERVATION AREA (11.39± AC) 0— DUNE CONSERVATION AREA (2.56± AC) x — PRESERVE SIGN (23) — SEA TURTLE EDUCATION SIGN (2) ----- SPLIT RAIL FENCE LOCATION 01 200 1 BOLLARD & ROPE LOCATION SCALE IN FEET PLIT RAIL FENCE LOCATION LLARD & ROPE LOCATION THE ATLANTIC PRESERVE FENCE AND SIGNAGE MAP EW CONSULTANTS, INC. Packet Pg. 318 1 10.B.1.n iN -PRESERVE AREA - THIS AREA IS A PROTECTED PRESERVE AREA FOR NATIVE VEGETATION AND WILDLIFE. NO ALTERATIONS TO THIS AREA ARE ALLOWED WITHOUT PRIOR PERMISSION FROM ST. LUCIE COUNTY (772) 462-2526 NO DUMPING ALLOWED THE ATLANTIC 14' 4X4 WOODEN POSTI PRESERVE SIGN DETAIL EW CONSULTANTS, INC. JAN 2016 601 HERITAGE DRIVE, SUITE 124 FIGURE JUPITER, FLORIDA 33458 561-623-5475 FAx 561-623-5481 rj O WWW.EWCONSULTANTS.COM 1 r 0 a Q Packet Pg. 319 10.B.1.n 11 HELP PROTECT ST. LUCIE COUNTY'S SEA TURTLES SEA TURTLE NESTING/HATCHING SEASON MARCH 1 - NOVEMBER 15 DO NOT INTERFERE WITH NESTING FEMALES, EGGS OR HATCHLINGS LEAVE NESTS, MARKERS, SIGNS AND PROTECTIVE SCREENS UNDISTURBED SHIELD OR TURN OFF ALL LIGHTS THAT SHINE ON THE BEACH OR ARE VISIBLE FROM THE BEACH. THIS INCLUDES CAR HEADLIGHTS, FISHING LAMPS, FLASHBULBS AND FLASHLIGHTS CAMPFIRES, HORSEBACK RIDING AND MOTORIZED VEHICLES ARE PROHIBITED KEEP PETS OFF THE BEACH 14' 4X4 WOODEN POST THE ATLANTIC I SEA TURTLE SIGN DETAILS I EW CONSULTANTS, INC. JAN 2016 601 HERITAGE DRIVE, SUITE 124 FIGURE JUPITER, FLORIDA 33458 561-623-5475 FAx 561-623-5481 rj rj WWW.EWCONSULTANTS.COM 1 1 a `0 r C cC a t H co 42 0 N ch W w Q Packet Pg. 320 10.B.1.n Q 0 Z x 0 Z 0 2 HUTCHINSON SANDS 90 29 RESOLUTION NO. 07-247 AS RECORDED IN ST. LUCIE COUNTY, FLORIDA k Wm' _ \\\\\\ ++•+++t'++T+t++t++'*+'+t++i.ff. - A T 1 +t ++ t+ ++ + ++ t+ t ++ +t + + +t+++t+++++++++++ +t+++t ++t+++tt++++t+B e+Cag+C++tt+++ ++4+}+++ ++++tt+++++t+++tt++++t+++++t++++tt+++++t++ l( 0 `k + + ++ + 1 + +++rr4?iz+c+�'(T6�S j5 LEGEND - MANGROVE CONSERVATION AREA (11.39± AC) - DUNE CONSERVATION AREA (2 56± AC) T2 S X -MONITORING TRANSECT WITH STATIONS (7) <__ - MONITORING PHOTO STATION WITH DIRECTION a - WATER LEVEL RECORDER o zoo 1 1 THE ATLANTIC MONITORING PLAN EW CONSULTANTS, INC. e - RAIN GAUGE SCALE IN FEET Packet Pg. 321 1 Florida Exotic Pest Plant Cou nci l's 2015 List of Invasive Plant Species Purpose of the List: To focus attention on — / the adverse effects of exotic pest plants on Florida's biodiversity and native plant communities, / the habitat losses in natural areas from exotic pest plant infestations, / the impacts on endangered species via habitat loss and alteration, / the need for pest plant management, / the socio-economic impacts of these plants (e.g., increased wildfires or flooding in certain areas), / changes in the severity of different pest plant infestations over time, / providing information to help managers set priorities for research and control programs. CATEGORY I Invasive exotics that are altering native plant communities by displacing native species, changing community structures or ecological functions, or hybridizing with natives. This definition does not rely on the economic severity or geographic range of the problem, but on the documented ecological damage caused. FLEPPC Scientific Name Common Name Category Abrus precatorius rosary pea I Acacia auriculiformis earleaf acacia I Albizia julibrissin mimosa, silk tree I Albizia lebbech woman's tongue I Ardisia crenata (A. crenulata misapplied) coral ardisia I Ardisia elliptica (A. humilis misapplied) shoebutton ardisia I Asparagus aethiopicus (A. sprengeri; asparagus -fern I A. densiflorus misapplied) Bauhinia variegata orchid tree I Bischofia javanica bishopwood I Calophyllum antillanum Santa Maria, mast wood, Antilles calophyllum I (C. calaba misapplied) Casuarina equisetifolia Australian -pine, beach sheoak I Casuarina glauca suckering Australian -pine, gray sheoak I Cinnamomum camphora camphor tree I Colocasia esculenta wild taro I Colubrina asiatica lather leaf I Cupaniopsis anacardioides carrotwood I Deparia petersenii Japanese false spleenwort I Dioscorea alata winged yam I Dioscorea bulbifera air -potato I Dolichandra unguis-cati cat's claw vine I (=Macfadyena unguis-cari) Eichhornia crassipes water -hyacinth I Eugenia uniflora Surinam cherry I Ficus microcarpa (F. nitida and laurel fig I F. retusa var. nitida misapplied)' Hydrilla verticillata hydrilla I Hygrophila polysperma green hygro I Hymenachne amplexicaulis West Indian marsh grass I Imperata cylindrica (I. brasilier& misapplied) cogon grass I Ipomoea aquatica water -spinach I Jasminum dichotomum Gold Coast jasmine I Jasminum fluminense Brazilian jasmine I Lantana Camara (= L. strigocamara) lantana, shrub verbena I Ligustrum lucidum glossy privet I Ligustrum sinense Chinese privet, hedge privet I Lonicera japonica Japanese honeysuckle I Ludwigia hexapetala Uruguay waterprimrose 1 Ludwigia peruviana Peruvian primrosewillow I Lumnitzera racemosa kripa; white -flowered mangrove; black mangrove I Luziola subintegra Tropical American water grass I Lygodium japonicum Japanese climbing fern I 'Does not include Ficus microcarpa subsp. fuyuensis, which is sold as "Green Island Ficus" P Chinese privet is a FLDACS Noxious Weed except for the cultivar'Variegatum' Gov. Regional List Distribution N C, S C, S N, C C, S N N,C,S N C, S N,C,S C, S C, S S P, N N, C, S P, N C, S N,C,S N,C,S N S N C, S N, C N N,C,S N N,C,S N,C,S P N,C,S C, S C, S P, U P. U N, U P, U 01 N N,C,S N,C,S N,C,S N,C,S C C, S C, S N,C,S N, C N,C,S N,C,S N, C N,C,S S S N,C,S 10.B.1.n FLEPPC List Definitions: Exotic — a species introduce( to Florida, purposefully or accidentally, from a natural range outside of Florida. Native — a species whose natural range includes Florida a- Naturalized exotic — an exot 0 in that sustains itself outside `o cultivation (it is still exotic; it g has not "become" native). Invasive exotic — an exotic that not only has naturalized, Q but is expanding on its own in Florida native plant communities. to T to Abbreviations: Government List (Gov. List): Cn W P = Prohibited aquatic plant r by the Florida Department of a Agriculture and Consumer Services N = Noxious weed listed by Florida Department of Agriculture £t Consumer Services U = Noxious weed listed by U.S. Department of Agricultur Regional Distribution: N = north, C = central, L S = south, referring to each Q species' current distribution it general regions of Florida (no] its potential range in the statE a` Please refer to the map belo%A c m C C d E L v north Q central south Packet Pg. 322 FLEPPC 2015 List of Invasive Plant Species FLEPPC Gov. Changes to the Scientific Name Common Name Category List Di 2015 List: Lygodium microphyllum Old World climbing fern I N, U C, S Macfadyena unguis-cats (see Dolichandra unguis-cats) New Category I Listings: Manilkara zapota sapodilla I S Sporobolus jacquemondi Melaleuca quinquenervia melaleuca, paper bark I P, N, U C, S (West Indian dropseed) Melinis repens (= Rhynchelytrum repens) Natal grass I N, C, S This weedy grass, a native of the Mimosa pigra catclaw mimosa I P, N, U C, S West Indies and tropical America, Nandina domestica nandina, heavenly bamboo I N, C was introduced into Florida in the early Nephrolepis brownii (= N. multiflora) Asian sword fem I C, S 1900s. In the 1980s-1990s, It was Nephrolepis cordifolia sword fern I N, C, S becoming noticeable, especially in Neyraudia reynaudiana Burma reed, cane grass I N S d pastures where it crowds out forage Nymphoides cristata crested floating heart I N C, S +�+ grasses. It is not palatable for cattle Paederia cruddasiana sewer vine, onion vine I N S CIOL and is very difficult to control. In recent Paederia foetida skunk vine I N N, C, S years, this weed has been advancing Panicum repens torpedo grass I N, C, S into natural areas such as palmetto Pennisetum purpureum Napier grass, elephant grass I N, C, S ' prairies and open flatwoods. West Phymatosorus scolopendria serpent fern, wart fern I S Indian dropseed is a close relative Pistia stratiotes water -lettuce I P N, C, S of, and very similar in appearance Psidium cattleianum (= P. littorale) strawberry guava I C, S *' Q to, smut grass, Sporobolus m indicus, leading to confusion with Psidium guajava guava I C, S t identification. The seedheads of both Pueraria montana var. lobata (= P. lobata) kudzu I N N, C, S grasses can be affected by a smut Rhodomyrtus tomentosa downy rose -myrtle I N C' S to u? fungus that leaves the seeds black and Rhynchelytrum repens (See Melinis repens) co unfertile. Both grasses have spike -like Ruellia simplex' Mexican petunia I N, C, S O c� seedheads. West Indian dropseed is Salvinia minima water spangles I N, c, s W taller, usually about 3-4 feet tall, with Sapium sebiferum (= Triadica sebifera) popcorn tree, Chinese tallow tree I N N, C, S IY spreading seedhead branches. Smut Scaevola taccada scaevola, half -flower, beach naupaka I N C, S grass is usually 1-2 feet tall with a (= Scaevola sericea, S.frutescens) a M tight cylindrical spike. Both species Schefflera actinophylla schefflera, Queensland umbrella tree I C, S d are very weedy, but West Indian (= Brassaia actinophylla) N V dropseed is the one that has started Schinus terebinthifolius Brazilian -pepper I P, N N, C, S C M invading native habitats. Scleria lacustris Wright's nutrush I C, S C m Senna pendula var. glabrata climbing cassia, Christmas cassia, I C, S David Hall (= Cassia coluteoides) Christmas senna Vitex rotundifolia Solanum tampicense (= S. houstonii) wetland nightshade, aquatic soda apple I N, U C, S (Beach vitex) Solanum viarum tropical soda apple I N, U N, C, S Beach vitex is a deciduous shrub that S orobolus ac uemontii* p j q West Indian dropseed p I C, S M � can grow to 1.5 m (5'). The nodal (= S. indicus var. pyramidalis) L rooting system can extend 10m (34') Syngonium podophyllum arrowhead vine I N, C, S 0 with stems that can extend over 6m Syzygium cumini jambolan-plum, Java -plum I C, S C (20') from the main taproot. Young Tectaria incisa incised halberd fern I S 2 stems are green with fleshy tips that Thespesia populnea seaside mahoe I C, S to become larger in diameter, brown, Tradescantia flummensis small -leaf spiderwort I N, C L Q and woody with age. Vitex has simple Urena lobata Caesar's weed I N, C, S aromatic leaves that are sometimes Urochloa mutica (= Brachiaria mutica) Para grass I C, S palmately trifoliate. Leaves are 2-6.5 Vitex rotundifolia* beach vitex I N L cm long and 1-4.5 cm wide. The a flower is purple in color and appears in CATEGORY II c late spring to early summer. Vitex can Invasive exotics that have increased in abundance or frequency but have not yet altered Florida plant communities to the T-: be found on dunes, vacant lots, and extent shown by Category I species. These species may become ranked Category I if ecological damage is demonstrated. m along public right-of-ways. FLEPPC Gov. Regional Rick O'Connor, Florida Sea Grant/ Scientific Name Common Name Category List Distribution m University of Florida Adenanthera pavonina red sandalwood II S t Agave sisalana sisal hemp II C, S v New Category II Listings: r Aleurites fordii (= Vernicia fordii) tung oil tree II N, C Q Crassocephalum crepidioides Alstonia macrophylla devil tree II S (redflower ragleaf) Alternanthera philoxeroides alligator weed II P N, C, S Crassocephalum crepidioides is a Antigonon leptopus coral vine n N, C, S member of the Aster family native to Ardisia japonica Japanese ardisia II N tropical Africa. This erect herb has a soft stem with lobed leaves and red Aristolochia littoralis calico flower II N, C, S flowers, with high seed production of 'Many names are applied to this species in Florida because of a complicated taxonomic and nomenclatural history. Plants cultivated in Florida, all more than 4000 per plant. Seeds are representing the same invasive species, have in the past been referred to as Ruellia brittoniana, R. tweediana, R. caerulea, and R. simplex. *Added to the FLEPPC List of Invasive Plant Species in 2015 dispersed by the wind. First found FLEPPC 2015 List of Invasive Plant Species Packet Pg. 323 FLEPPC Gov. Regional Scientific Name Common Name Category List Distribution Asystasia gangetica Ganges primrose II C, S Begonia cucullata wax begonia II N, C, S Blechum pyramidatum (see Ruellia blechum) Broussonetia papyrifera paper mulberry II N, C, S Bruguiera gymnorrhiza large -leaved mangrove II S Callisia fragrans inch plant, spironema II C, S Casuarina cunninghamiana river sheoak, Australian -pine II P C, S Cecropia palmata trumpet tree II S Cestrum diumum day jessamine II C, S Chamaedorea seifrizii bamboo palm II S Clematis terniflora Japanese clematis II N, C Cocos nucifera coconut palm II S Crassocephalum crepidioides* redflower ragleaf, Okinawa spinach II C, S Cryptostegia madagascariensis rubber vine II C, S Cyperus involucratus umbrella plant II C, S (C. alternifolius misapplied) Cyperus prolifer dwarf papyrus II C, S Dactyloctenium aegyptium Durban crowfoot grass II N, C, S Dalbergia sissoo Indian rosewood, sissoo II C, S Elaeagnus pungens silverthorn, thorny olive II N, C Elaeagnus umbellata silverberry, autumn olive II N Epipremnum pinnatum cv. Aureum pothos II C, S Eulophia graminea Chinese crown orchid II S Ficus altissima false banyan, council tree II S Flacourtia indica governor's plum II S Hemarthria altissima limpo grass II C, S Heteropterys brachiata* red wing II S Hibiscus tiliaceus (See Taliparid tiliaceum) Hyparrhenia rufa jaragua II N, C, S Ipomoea carnea ssp. fistulosa (= I. fistulosa) shrub morning-glory II P C, S Kalanchoe pinnata (= Bryophyllum pinnatum) life plant II C, S Koelreuteria elegans ssp. formosana flamegold tree II C, S (= K. formosana; K. paniculata misapplied) Landoltia punctata (= Spirodela punctata) spotted duckweed II N, C, S Leucaena leucocephala lead tree II N N, C, S Limnophila sessiliflora Asian marshweed II P, U N, C, S Livistona chinensis Chinese fan palm II C, S Macroptilium lathyroides phasey bean II N, C, S Melaleuca viminalis (= Callistemon viminalis) bottlebrush, weeping bottlebrush II C, S Melia azedarach Chinaberry II N, C, S Melinis minutiflora molasses grass II C,S Merremia tuberosa wood -rose II C, S Mihania micrantha mile -a -minute vine II N, U S Momordica charantia balsam apple, balsam pear II N, C, S Murraya paniculata orange -jessamine II S Myriophyllum spicatum Eurasian water-milfoil II P N, C, S Panicum maximum (= Urochloa maxima, Guinea grass II N, C, S Megathyrsus maximus) Passiflora biflora two -flowered passion vine II S Pennisetum setaceum green fountain grass II S Phoenix reclinata Senegal date palm II C, S Phyllostachys aurea golden bamboo II N, C Pittosporum pentandrum Philippine pittosporum, Taiwanese cheesewood II S Praxelis clematidea* praxelis II C Pteris vittata Chinese brake fern II N, C, S Ptychosperma elegans solitaire palm II S Rhoeo spathacea (see Tradescantlaspathacea) *Added to the FLEPPC List of Invasive Plant Species in 2015 FLEPPC 2015 List of Invasive Plant Species in the US in 1997 in Mia 10.B.1.n County, redflower ragle documented in the panhandle in Escambia County in 2012. Patricia L. Howell Heteropterys brachiata (red wing) Heteropterys brachiata or "redwing" is a liana (woody vine) in the Malpighiaceae family. It is r- native to Mexico, Central America a and South America. Redwing a) seedlings dominate the understory vn of hardwood hammocks, and older `o plants twine up into the canopy 7 where their flowers and fruits are , present, but out of reach, in winter .9 months. The fruits of redwing are deep red, wind -dispersed samaras "redwing." Q hence the name Jennifer Possley, Fairchild Tropic& � Botanic Garden Praxelis clematidea to (Praxelis) c Praxelis clematidea is an Aster with lavender colored flowers frorr Cn w South America. Its short life cycle S and propensity to be moved by r_ vehicles contribute to its recent a invasion in Central Florida. Look d for young, light green plants with r_ irregularly toothed leaves that c soon flower, and then develop tough stems and bases. Flowers co are a series of florets produced in heads, each producing a single, bristle -topped seed that is seated c° tm on a conical receptacle. This key S character is easy to see because o the phyllaries fall to reveal the c receptacle when the head is in frui 2 Colette Jacono 9 Spermacoce verticillata Q (scrubby false buttonweed) 4) A common weed of disturbed site,, N for over 80 years, Spermacoce L verticillata is advancing into naturE IL areas, especially in southern Florida. A member of the coffee m family, Rubiaceae, plants are best o known for their nearly woody, multiple branched structure, opposite, stalkless leaves often t clustered in a whorl; and axillary, M cylindrical heads of densely packer Q flowers. Distinguish this species from our natives by its tubular white flowers that are no longer than 1 mm and fruits that are less than 1.5mm long. Colette Jacono Packet Pg. 324 Use of the FLEPPC List The FLEPPC List of Invasive Plant Species is not a regulatory list. Only those plants listed as Federal Noxious Weeds, Florida Noxious Weeds, Florida Prohibited Aquatic Plants, or in local ordinances are regulated by law. FLEPPC encourages use of the Invasive Species List for prioritizing and implementing management efforts in natural areas, for educating lay audiences about environmental issues, and for supporting voluntary invasive plant removal programs. For more information on using the FLEPPC List of Invasive Plant Species, see Proper Uses of FLEPPC Invasive Plant Lists at www.fleppc.org/list/list.htm NOTE: Not all exotic plants brought into Florida become pest plants in natural areas. The FLEPPC List of Invasive Plant Species represents only about 11 % of more than 1,400 exotic species that have been introduced into Florida and have subsequently established outside of cultivation. Most escaped exotics usually present only minor problems in highly disturbed areas (such as road -sides). And there are other exotics cultivated in Florida that are "well-behaved" — that is, they don't escape cultivation at all. www.fleppc.org FLEPPC Gov. 10.B.1.n Scientific Name Common Name Category List Richardia grandiflora large flower Mexican clover II N, C, S Ricinus communis castor bean II N, C, S Rotala rotundifolia roundleaf toothcup, dwarf Rotala, redweed II S Ruellia blechum (= Blechum brownei) green shrimp plant, Browne's blechum II N, C, S Sansevieria hyacinthoides bowstring hemp II C, S Sesbania punicea purple sesban, rattlebox II N, C, S Solanum diphyllum two -leaf nightshade II N, C, S Solanum torvum susumber, turkey berry II N, U N, C, S Spermacoce verticillata* shrubby false buttonweed II C, S d Sphagrwhcola trilobata (= Wedelia trilobata) wedelia II N, C, S a) Stachytarpheta cayennensis (= S. unicifolia) nettle -leaf porterweed II S 0) Syagrus romanzoffiana queen palm II C, S L 0 (= Arecastrum romanzoffianum) Syzygium jambos Malabar plum, rose -apple II N, C, S Talipariti tiliaceum (= Hibiscus tiliaceus) mahoe, sea hibiscus II C, S .2 Terminalia catappa tropical -almond II C, S M Terminalia muelleri Australian -almond II C, S Q Tradescantia spathacea oyster plant II S (= Rhoeo spathacea, Rhoeo discolor) 1— Tribulus cistoides puncture vine, burr -nut II N, C, S �p Vitex trifolia simple -leaf chaste tree II C, S t[1 ' to Washingtonia robusta Washington fan palm II C, S p Wedelia (see Sphagneticola above) N� Wisteria sinensis Chinese wisteria II N, C LLI Xanthosoma sagittifolium malanga, elephant ear II N, C, S c M IL Citation example: N FLEPPC. 2015. List of Invasive Plant Species. Florida Exotic Pest Plant Council. http://www.fleppc.org/list/list.htm V C The 2015 list was prepared by the FLEPPC Plant List Committee: M Stephen H. Brown, UFAFAS Lee County Extension, Parks and Recreation Division, 3410 Palm Beach Blvd., Fort Myers, FL C 33916, (239) 533-7513, brownsh@ufl.edu M Janice Duquesnel, Florida Park Service, Florida Department of Environmental Protection, 77200 Overseas Highway, Islamorada, FL 33063, (305) 664-8455, Janice.Duquesnel@dep.state.fl.us David W. Hall, Private Consulting Botanist and Author, 3666 NW 13th Place, Gainesville, FL 32605, (352) 375-1370 tC Roger L. Hammer, Retired Naturalist and Author, 17360 Avocado Drive, Homestead, FL 33030, kaskazi44@comcast.net C Patricia L. Howell, Chair (2012-present), Broward County Parks, Natural Resource and Land Management Section, 950 NW. O 38th St., Oakland Park, FL 33309, (954) 357-8137, phowell@broward.org = Colette C. Jacono, Florida Museum of Natural History, PO Box 110575, Gainesville, FL 32611, (352) 318-2931, colettej@ufl.edu C Kenneth A. Langeland, Professor Emeritus, University of Florida/IFAS, Center for Aquatic and Invasive Plants, 7922 NW. 71st Street, 2 Gainesville, FL 32653, (352) 214-8918, gator8@ufl.edu M Chris Lockhart, Habitat Specialists, Inc., P. O. Box 243116, Boynton Beach, FL 33424,(561) 738-1179, Chris@lockharts.org L Q Jean McCollom, Natural Ecosystems, 985 Sanctuary Road, Naples, FL 34120, (239) 304-1847, jeanm@naples.net d Gil Nelson, Florida State University/iDigBio, 157 Leonard's Dr., Thomasville, GA 31792, gnelson@bio.fsu.edu Jimi L. Sadle, Everglades National Park, 40001 State Road 9336, Homestead, FL 33034, (305) 242,7806, Jimi_Sadle@nps.gov y Jessica Spencer, US Army Corp of Engineers, 701 San Marco Boulevard, Jacksonville, FL 32207, (904) 232-1696, i Jessica.E.Spencer@usace.army.mil a Arthur Stiles, Florida Park Service, Florida Department of Environmental Protection, 4620 State Park Lane, Panama City, FL 32408, (850) 233-5110, arthurstiles@dep.state.fl.us m Daniel B. Ward, Department of Botany, University of Florida, 220 Bartram Hall, Gainesville, FL 32611 Richard P. Wunderlin, Institute for Systematic Botany, Department of Cell Biology, Microbiology & Molecular Biology, University of w South Florida, 4202 E. Fowler Ave., ISA 2015, Tampa, FL 33620, (813) 974-2359, rwunder@usLedu = d The Early Detection and Distribution Mapping System (EDDMapS) holds records of reported sighting of invasive species in E Florida. Most records are from local, state, and federal parks and preserves; a few records document infestations in regularly 0 disturbed public lands such as highways or utility rights -of -way. Natural area managers, veteran observers of Florida's natural landscapes, and others submit these records, with many supported further by voucher specimens housed in local or regional Q herbaria for future reference and verification. New and updated observations can be submitted online at EDDMapS [www. eddmaps.org/florida/l. All reports are verified by an expert. This database, along with other plant data resources such as the University of South Florida's Atlas of Florida Vascular Plants [www.plantatlas.usf.edu], the Florida Natural Areas Inventory database [www.fnai.org], and The Institute for Regional Conservation Floristic Inventory of South Florida database twww. regionalconservation.org], provides important basic supporting information for the FLEPPC List of Invasive Plant Species. Greater success and accuracy in searching for plant information is likely if you search by scientific name rather than common name. Common names often vary in cultivation and across regions. *Added to the FLEPPC List of Invasive Plant Species in 2015 FLEPPC 2015 List of Invasive Plant Species Packet Pg. 325 10.B.1.o THE ATLANTIC Ire St. Lucie County SEA TURTLE PROTECTION PLAN 1{ Prepared for Southhall-Millhess, Inc. 515 North Flagler Drive Suite 2000 West Palm Beach, Florida 33401 Prepared By Ladyko Design Group, LLC 4400 Belle Grove Drive Ft. Pierce, FL 34981 (P) 772-530-8261 (F) 772-464-13 83 January 2015 Revised January 2016 1 Packet Pg. 326 10.B.1.o TABLE OF CONTENTS Section Description Page 1.00 INTRODUCTION..................................................................................... 3 2.00 PROPERTY OWNERSHIP.......................................................................3 3.00 LEGAL DESCRIPTION...........................................................................4 4.00 LIGHTING INFORMATION................................................................... 4 4.01 SLCLDC Section 6.04.02(1).......................................................5 4.02 Outdoor Sources..........................................................................8 4.03 Indoor Sources.............................................................................9 5.00 DEVELOPMENT INFORMATION 5.01 Construction Schedule................................................................. 9 5.02 Shore -Line Impacts (Beach)......................................................10 5.03 Construction Materials Seaward of Dune Line (Beach) ...........10 5.04 Temporary Lighting/Construction Lighting Seaward of Dune Line (Beach).................................................10 5.05 Marine Turtle Protective Measures...........................................10 5.06 Record Keeping & Maintenance ............................................... I I LIST OF FIGURES* Fire# Description Page 1 of 4 Location Map...........................................................................................12 2 of 4 Proposed Site Plan...................................................................................13 3 of 4 Sea Turtle Information Sign Data........................................................14 2 Packet Pg. 327 10.B.1.o SEA TURTLE PROTECTION PLAN THE ATLANTIC 1.0 INTRODUCTION The following Sea Turtle Protection Plan (STPP) for The Atlantic project site is provided in compliance with section 6.04.02 of the St. Lucie County Land Development Code (LDC), and the rules and regulations regarding development activity on a barrier island where sea turtles are known to habitat as set forth by the Florida Fish and Wildlife Conservation Commission (FFWCC), Florida Department of Environmental Protection (FDEP) and the South Florida Water Management District (SFWMD). The project site consists of approximately 22.19 acres of land located east and west of State Road A I A (S.R. A-1-A), and south of St. Lucie County's Frederick Douglas Park on South Hutchinson Island (Figures 1 and 2 of 4). The project site is located in Section 29 Township 35 South, Range 41 East, St. Lucie County, Florida. The purpose of this Sea Turtle Protection Plan is to protect sea turtles from disruption of "sea finding" due to adjacent light pollution during nesting and hatching season which occurs from March 1 through November 15. Location of the proposed project is consistent with adjacent structures located north and south of the project site, and west of the 1988 Coastal Construction Control Line (CCCL). 2.0 PROPERTY OWNERSHIP The property is owned by SOUTHHALL-MILLHESS, INC. having its principal place of business at 515 North Flagler Drive, Suite 2000, West Palm Beach, Florida 33401. 3 Packet Pg. 328 10.B.1.o 3.0 LEGAL DESCRIPTION The legal description(s) for The Atlantic project site, as depicted on the Site Plan prepared by Ladyko Design Group, LLC. (LDG, LLC is as follows: Parcel ID #2529-231-0002-00014 & 2529-231-0001-00017 The North 469.42 feet of Government Lot 2 of Section 29, Township 35 South, Range 41 East, St. Lucie County, Florida, together with a non-exclusive easement for ingress and egress over the following; from the NW corner of Government Lot 2, Section 29, Township 35 South, Range 41 East, run south along the west line of Said Government Lot 2, a distance of 469.42 feet to the Point of Beginning, thence continue South 12 1. 00 feet to the easterly right-of-way of State Road A-1-A, thence run southeasterly along said right-of-way 122.51 feet, thence run north 227.81 feet, thence run 60.00 feet to the Point of Beginning. The south 469.42 feet of the north 938.84 feet of Government Lot 2 of Section 29, Township 35 South, Range 41 East, St. Lucie County, Florida; excepting the right- of-way of State Road A-1-A, subject to a non-exclusive easement for ingress and egress of the following; from the NW corner of Government Lot 2, Section 29, Township 35 South, Range 41 East, run south along the west line of said Government Lot 2, a distance of 469.42 feet to the Point of Beginning, thence continue south 121 -00 feet to the easterly right-of-way of State Road A-1-A, thence run southeasterly along said right-of-way 122.51 feet, thence run north 227.81 feet, thence run west 60.00 feet to the Point of Beginning. 4.00 LIGHTING INFORMATION The following lighting plan will be employed by The Atlantic to reduce any impacts to marine turtles. Please refer to the lighting plan and details to be submitted under separate cover. Installation of all exterior lighting will lighting will adhere to guidelines as set forth in Information Form to Access and Reduce Impacts to Marine Turtles, published by the FDEP and Understanding, Assessing and Resolving Light -Pollution Problems on Sea Turtle Nesting Beaches, FMRI Technical Report #TR-3, published and revised by the FFWCC, 2014. 0 Packet Pg. 329 10.B.1.o The roadways and common areas shall have the correct lighting sources provided by the Developer. Residents purchasing, building or moving into the multi -family units within the development, as well as the Property Owner's Association, will be notified of the strict lighting requirements, required by St. Lucie County and the Florida Department of Environmental Protection (FDEP), such that the entire project site will stay consistent with this Sea Turtle Protection Plan. 4.01 SLCLDC Section 6.04.02(1) All lighting required for the coastal development activities specified in Section 6.04.02(E)(1)(a), installed after December 1, 1986, shall comply with the following standards, as applicable, and shall be incorporated into a Sea Turtle Protection Plan (STPP) General Prohibition No artificial public or private light source shall directly or indirectly illuminate areas seaward of the primary dune where it may deter adult female sea turtles from nesting or disorient hatchlings 2. Permanent Lighting The installation of permanent lighting should reflect the standards and mitigative measures published in the current state of the art manual pertaining to coastal lighting and sea turtle conservation_ 3. Reference Availability The Community Development Director shall have copies of the current state -of- the -art manuals available for review. As design and/or performance standards are developed or upgraded and become available, the Community Development Director may provide additional reference. 4. Controlled Use, Desim and Positioning of High Intensity Lig1hfing a. The use of high intensity lighting for decorative and accent purposes, such as emanating from spotlights or floodlights, is prohibited. Packet Pg. 330 10.B.1.o b. The use of high intensity lighting for safety and security purposes shall be limited to the minimum number required to achieve their functional role(s). c. Fixtures containing high intensity lights shall be designed and/or positioned such that they do not cause direct or indirect illumination of areas seaward of the primary dune and the source of light is not directly visible from the beach. 5. Design and Positioning of Low Intensity Lighting a. Wall -mount fixtures, landscape lighting and other sources of low intensity lighting shall be designed and/or positioned such that light does not directly or indirectly illwninate areas seaward of the primary dune. b. Balcony lighting is prohibited above the second level, (with the ground level being level one) on the beach and shore perpendicular side of the structure c. Low intensity lighting shall be used in parking lots within line of sight of the beach. Such lighting shall be: 1. Set on a base which raises the source of the light no higher than 42 inches off of the ground. 2. Positioned and/or shielded such that the source of the light is not visible directly or indirectly from the beach. 6_ Installation of Tinted Glass or Window Tint The plan shall reflect that tinted glass or film with a visible light transmittance value of forty-five (45) percent or less shall be applied to all windows and doors within the line of sight of the beach. This includes the seaward and shore perpendicular side of the structure. 7. Desijzn of Vehicular Circulation Im rovements and Parkin Areas: a. Parking lots and roadways, including any paved or unpaved area upon which motorized vehicles will operate, should be designed and/or positioned such that vehicle headlights do not cast light towards the beach. b. Vehicular lighting shall be shielded from the beach through the use of hedges, dune vegetation and/or other ground level barriers. 0 Packet Pg. 331 10.B.1.o 8. Lighting for Pedestrian Traffic: a. Beach access points, dune crossovers, beach walkways, piers or any other structure on or seaward of the primary dune designed for pedestrian traffic shall use the minimum amount of light necessary to ensure safety. b. Pedestrian lighting shall be of low intensity and recessed or shielded so that the source of the light is not directly visible from the beach. 9. Beachfront L4zliting Approval: Prior to the issuance of a Certificate of Occupancy, compliance with the beachfront lighting standards set out in the Sea Turtle Protection Plan (STPP) shall be approved as follows; a. Upon completion of the development activities, a registered Florida architect or engineer shall conduct a site inspection which shall include a night survey with all of the beachfront lighting turned on. b. The inspector shall prepare and report the inspection findings in writing to the Community Development Director identifying; l . The date and time of initial inspection. 2. The extent of compliance with this section. 3. All areas of potential and observed non-compliance with this Section 4. Any action(s) taken to remedy observed non-compliance, if applicable 5. The date(s) and time(s) of remedial inspections, if applicable c. The inspector shall sign and seal the inspection report which includes a certification that: 1. The beachfront lighting has been constructed in substantial accordance with the Sea Turtle Protection Plan (STPP). 2. The beachfront lighting does not illuminate areas seaward of the primary dune at the time of night inspection. 3. The beachfront light sources are not directly visible from the beach at the time of the night inspection. 7 Packet Pg. 332 10.B.1.o 10. Approval Not Exclusive Determination of compliance with the beachfront lighting standards set out in the STPP shall not relieve person(s) from complying with all other applicable conditions set forth in this Section or from mitigating against subsequent negative impacts to sea turtles, their nests or eggs resulting from the approved activity 4.02 Outdoor Sources In order to provide protection to nesting sea turtles and hatchlings, the following exterior lighting standards shall be utilized: All exterior light fixtures shall be designed and positioned so that: The point source of light or any reflective surface of the light fixture is not directly visible (shielded) from the beach. 2. Areas seaward of the frontal dune are not directly or indirectly illuminated, and 3. Areas seaward of the frontal dune are not cumulatively illuminated. 0 All exterior lighting within the project area shall be completely shielded downlight fixtures or recessed fixtures having low wattage (i.e., 35 watts or less) bulbs and non -reflective interior surfaces. • Up -lights are prohibited in all areas of the project area. • Lamps/bulbs on shore and shore perpendicular side of structure, and on landward side of structure, if visible from any section of beach, shall be 570 nanometers or longer and be shielded from visibility from the beach. • All fixtures shall be mounted as low in elevation as possible through the use of low -mounted wall fixtures, low bollards and ground level fixtures. Exterior lights used expressly for safety or security purposes shall be limited to the minimum number and configuration required to achieve their functional roles. • Only low intensity lighting shall be used in parking areas within the line -of - sight of the beach and positioned or shielded so that the light cast downward and the source of the light or any reflective surface of the light fixture is not visible from the beach and does not directly or indirectly illuminate the beach. Packet Pg. 333 10.B.1.o In general, shielded low pressure sodium vapor lamps and fixtures shall be used to provide security lighting within the parking lot and access areas. Placement of fixtures will not allow any illumination on the nesting beach, either through direct or reflective illumination. Security lighting during construction shall be limited in number, shielded and low -mounted. Security lighting will not be directed towards the beach. Best Available Technology (BAT) will be employed. 4.03 Indoor Sources In order to provide protection to nesting sea turtles and hatchlings, the following interior lighting standards shall be utilized within homes facing the Atlantic Ocean.: • Lights shall be turned off in rooms that are not in use. • Window treatments (e.g.; blinds, curtains) shall be used to shield interior lights form the beach. • Moveable lamps shall be placed away from windows that are visible from the beach. • Windows will be tinted so that light passing from inside to outside is substantially reduced, tinted windows/treatment will reduce visible light from the inside to 45% or less (transmittance less than or equal to 45%). • Best Available Technology (BAT) will be employed by the project_ 5.00 DEVELOPMENT INFORMATION 5.01 Construction Schedule Coastal Development shall be limited to the maximum extent possible to the non - nesting season (November 16 through February 29). Coastal Development occurring during any portion of the nesting season (March 1 through November 15) shall be conducted during daylight hours 5.02 Share -Line Impacts (Beach) No construction will occur seaward of the 1988 CCCL; except for one (1) raised dune cross -over structure for pedestrian access to the beach (Figure 3 of 4). I Packet Pg. 334 10.B.1.o 5.03 Construction Materials Seaward of the Dune Line Beach No construction vehicles or construction will occur seaward of the dune line. 5.04 Temporary Lighting/Construction Liehfing Seaward of Dune Line Beach No temporary construction lighting is anticipated for this project. If temporary lighting is required during the nesting season; it shall be restricted to the minimal amount necessary and shall incorporate all of the standards in Section 4.01 of this Sea Turtle Protection Plan. 5.05 Marine Turtle Protective Measures • All private single family homes must obtain an approved lighting plan through FDEP prior to the installation of any lighting on any part of the private lot. This applies to all lots for the project, including lots on the Westside of S.R. A-1-A. • No infrastructure or public area lighting may be installed without prior approval from FDEP. This includes temporary construction lighting. • Four -foot (4') high day -glow fencing will be installed at the site along the 1988 CCCL to prevent access of equipment and personnel. • A permanent marine turtle information sign (Figure 4 of 4) will be posted along the dune crossover structure (Figure 3 of 4). • There will be no direct or indirect lighting on the beach. All lighting will be shielded, low mounted and low -wattage. • No trash or debris will be allowed from the construction site onto the beach or dune area. • Proper window treatments will be employed by the Applicant. • Development activity shall be limited to the maximum extent possible to the non -nesting seasons. • Development activities proposed landward of the CCCL during nesting season (March I to November 15) shall be conducted during daylight hours whenever possible. • No development activities are proposed seaward of the CCCL, except for one (1) raised dune cross -over structure for pedestrian access to the beach. + No nighttime construction is proposed for the project site that would require any protective/mitigative measures regarding light impacts_ • Through the nesting seasons, any exterior lights visible from the beach shall be turned off between sunset and sunrise. 10 Packet Pg. 335 10.B.1.o Residents shall be educated regarding sea turtles nesting and lighting requirements. Best Available Technology (BAT) will be employed at all times. 5.06 Record Keenine & Maintenance Daily Nesting Surveys shall be conducted in accordance with all Federal, State and St. Lucie County Land Development Code, Section 6.04.02(G)(6)(e). Daily Records shall include the following information and shall be provided to the St. Lucie County Growth Management Director by the person(s) identified in Section 6.04.02(F)(1)(a)(1) of the St. Lucie County Land Development Code upon completion of the Development Activities, or at the end of the Sea Turtle Nesting Season, whichever comes first. • Date of the Preliminary Site Survey. • Date(s) of the Daily Nesting Survey. • Date(s) of the Exclusion Fence Monitoring. • The Observed Nesting Activity within the Development Area. • The Number of Nests Relocated. • The Number of Eggs per Nest Relocated. • The Nest Relocation Area(s). • The Hatch Success if Required. • The Effectiveness of the Exclusion Fence(s). • The Name(s) of the Permitted Agent of the State performing the Monitoring Program. If Nests are known to be present during a Preliminary Site Survey and cannot be located or removed to a safe habitat, development shall be delayed for sixty (60) days or until all potentially affected nests have hatched. A Permitted Agent of the State shall conduct Daily Nesting Surveys of the development area seaward of the primary dune, and shall cage sea turtle nests or relocated the nests to a safe habitat, beginning with the Preliminary Site Survey pr the Nesting Season, as applicable, until one (1) of the following occurs; • Exclusion Fences, if permitted by the FDEP, are erected pursuant to Section 6.04.02(G)(6)(f) of the St. Lucie County Land Development Code. • Development Activities are completed. The Nesting Season has ended. 11 Packet Pg. 336 MM I 10.B.1.o I HELP PROTECT ST. LUCIE COUNTY'S SEA TURTLES SFA TURTLE NFSTINGIMTCHING SEASON MARCH I - NOVEMBER 15 DO NOT INTERFERE WTH NESTING FEMALES, EGGS OR HATCHUNGS LEAVE NESTS, MARKERS, SIGNS AND PROTECTIVE SCREENS UNDISTIARBED SHIELD OR TURN OFF ALL LIGHTS THAT SHINE ON THE BEACH OR ARE VISIBLE FROM THE BEACH_ THIS INCU IDES CAR HEADllGMAS HTG, FfSHING LA, FLISHBULBS AND FLAS}1UGHT5 Ig KEEP PETS OFF CF THE BEACH CAMPFIRES AND MOTORIZED VEMCLES ARE PROHI9ITEO ST. L U TY 4'k4-Xff PRESSURE TREATED TIMBER POST 4400 BEL]_E OF OVF- DRIVE Ff. PIERCE, Vadyko HONE: 772-530-8261 esign coup, LLC FAX- M-464-1383 CnA. Nm 28610aoLcom C.A. No. 2861D ENGINEERS, PLANNERS & CONSTRUCTION MANAGERS 12'I HELP PROTECT ST. LUCIE COUNTY'S SEA TURTLES SEA TURTLE NESTING/HATCHING SEASON MARCH 1 - NOVEMBER 15 DO NOT INTERFERE WITH NESTING FEMALES, EGGS OR HATCHLINGS LEAVE NESTS, MARKERS, SIGNS AND PROTECTIVE SCREENS UNDISTURBED SHIELD OR TURN OFF ALL LIGHTS THAT SHINE ON THE BEACH OR ARE VISIBLE FROM THE BEACH. THIS INCLUDES CAR HEADLIGHTS, FISHING LAMPS, FLASHBULBS AND FLASHLIGHTS KEEP PETS OFF OF THE BEACH CAMPFIRES AND MOTORIZED VEHICLES ARE PROHIBITED THE HARRASSMENT OR DISTURBANCE OF A SEA TURTLE, ITS NEST OR EGGS IS A FEDERAL OFFENSE, PUNISHABLE BY UP TO 1 YEAR IN JAIL, A FINE OR BOTH. "fam- ENVIRONMENTAL RESOURCES DIVISION 2300 VI RGI NIA AVENU Ff. PIERCE, FLORIDA 34982 (P) 772-462-2526 (F) 772fi62-1684 FIGURE 181, THE ATLANTIC SEA TURTLE PROTECTION PLAN SEA TURTLE PROTECTION SIGN Packet Pg. 339 10.B.1.p TRAFFIC IMPACT STATEMENT For THE ATLANTIC at St. Lucie County Prepared for SOUTHHALL-MILLHESS, I -NC. 515 North Flagler Drive Suite 2000 West Palm Beach, Florida 33401 Prepared By Ladyko Design Group, LLC 4400 Belle Grove Drive Ft. Pierce, FL 34981 August 2015 Packet Pg. 340 10.B.1.p TABLE OF CONTENTS Pr(}ject Description .............. Location Map ....................... Study Methodology} ............. Existing Conditions .............. Trip Generation .................... 'trip Distribution .................. Capacity Analysis ................ coneluslon ............................ References....... ...... ............... Appendix A .......................... ............................ 3 ............................ 3 ..........I ................. G ............................ h ............................ 8 .......................... 10 12 r Q Packet Pg. 341 10.B.1.p PROJECT DESCRIPTION The proposed residential dcvc1opment known as T[ IF' A-F ANTIC is located on the cast side of State Road A-1-A approNimatch- 3/4 mile sou#.h of Frederick Douglas Dark (lice Figure No. 1, Location 'Mall). The property is approximately 221.19 acres in size and is proposed to consist of 102 Multi Family Low Rise Townhomes and is located in Section 29, Township 35 South, Range 41 ]:ast, St, Lucie Comm, Florida. The a711strrtcti011 Of the project is anticipated to commence in 2016 and be completed wirluta a rear of commencement. This report has been prepared to studs' the traffic generated by the proposed development, In developing the scope and methodolog of the report, data from the lnstitutc of 'I'ransportatic}n F'ngineers Trip Generation illanual, 9th Edition, St. Lucie Urban Area Metropolitan Ph) 1-1,.1ifig Organization, ball 2014 'Traffic Counts and Level of Service Report, and the Horida Department of Transportation were used to determine the appropriate traffic values_ Packet Pg. 342 10.B.1.p STUDY METHODOLOGY SECTION A: DEFINITION OF STUDY AREA The stuCIV area, as defined by the St. Lucie Covint� Laced Development Cade Section 11.f)? U9.913 shall be a 2 mile radius of the site .which includes all major roadways and intersections within the zone of influcncc. The s€uclt area was reviewed .with St. l.ucir Counti Planning Staff and -will not require the stud~- of anv major inrersections. SECTION B: INVENTORY OF EXISTING FACILITIES Roadways: State Road A -I -A SR 1-] A is classified as a State two-way <Atterial Unintci-rupted flow roadway. 1'hc portion of SR .A-1-;1, .vhieli is located witliin the study area, is primarily a 2-lane undivided rural roadway with right and left tarn lanes both north and south of the subject property. All of the travel lanes are 12' in width, including the right and left tzrrn lanes located along the roadway. The existing SK right-of-way for this section of roadway is 100' in xvidth. SR .A-1-A is maint:cmcd by the Florida Department of Transportation. SlZ A-"I-;x currcntlr operates at I,()S B.The LOS is based on the slnnual ,lverage Daily -Traffic volumes as estabbshcd in the "St. Lucie Urban Area Metropolitan Planning Organization Fall, 2014 Traffic Counts" and applied to the 2013 I'DOT Generalized Daily, Level of Service, "fable 3, Uriinterrupted Flow Highmva�, Rural Development_ EXISTING TRAFFIC CONDITIONS Tlic :lnnua] .lverage Daily "Traffic volumes for the roadways located witluici the study area were obtained from the "St. Lucie Urban .Area Metropolitan Planning Organization ball, 2014 'Traffic Counts" send are tirbulared as follows: L.OS((;) Available. Roadwa Link Capacity AADT Ca acitA Sit A-1-.1 South of 14,300 7,055 7,245 1�111, Plant SR A -I -A North of hPL 14,300 3,413 10,887 Plant P �l Peak ;Available. Roadwav Li,lk Capacity DL;ec"Olral Capacity SR A-1-;1 South of 920 387 579 1`11. Plant SlZ :1 1-a1 North of ITL 600 327 333 Plant Packet Pg. 344 10.B.1.p '1 abic 3 :i a F- to U2 to N U) W C d E N r R r N T v E v m LL r Q �.r W 0 r Y E V a r r a Packet Pg. 345 10.B.1.p Table #-7 :i a U2 to N U) W C d E N r R r N T v E v m LL r Q �.r W 0 r Y E V a r r a Packet Pg. 346 10.B.1.p TRIP GENERATION 'I'he "1Trip (kneration for the proposed l HP Townhotlle &N-clopnlCnt was developed by utilizing the irlstitlitc cif J'ransPortatic�ra I_;i ginccrs Trip Generation \[anual 9th I;diti��n. 1'hc Project will consist of 102 11lulti Family Residential om',anllome units and be nnal`-zed as such. In developing the Trip Generation Rates, ITE Codc 2.30 "Residential Condonnirniuin; Tcnvnhouse" N,k'as used as stated 'RI)tAc for the -\DT volunic generations. !I-ahle I has been Provided to depict the Trip Generation Rates for this clevc1oPtrs m as follows: TRIP GENERATION Table. I Average Daily Traffic Land Use l nits Rate VUlrlrl]e Residential Condo (ITI-; 230) 102 5.81 trips/D.U. 593 vpd PM Peak Hour Land Use I'III ts Rate Volume Residential Condo (ITE 230) 102 0.52 trips/D.U. 53 vph 6 ",'t,in-36vi)h 33"`0 Out --- 17 vph TRIP DISTRIBUTION 1 he distribution of trips to and from the site was based on the majority of traffic ccm>ing from the south. ;1 sutnnl,lry of the major trip assignments are estimated as follows: PM beak Hour Roadwat• Link Percentage AADT Tri is Directional `Drips SR -A- I -A SOUth 50°'0 297 .•p,l 27 vpll SR A-1-A -orth 50",il 296 ,,Pd 26 .-ph Packet Pg. 347 440(t BETLL OROVI- I `RINT adyko 530 �26l esign viroup, FAX Ti •16-1 ll,? 3 LLC ENG. I NE I:RS, PI AN -NJ; R-q 6- CONS TRUC-11-01N NJAN M) F.16 FIGURE THE ATLANTIC TRIP DISTRIBUTION BY PERCENT 2 I Packet Pg. 348 10.B.1.p CAPACITY ANALYSIS Link Analysis The 'Drip Assignment volumes calculated for this project were added to the existing volunics and prey iouslti. committed trips assigned to etch rmdw iv link with.irt the defined studN- area. 'Fo determine. the link Level of Service, "fable 4-1 and Table 4-7 of the Florida Department of Transportation, 2009 Qualitt /J evel of Service l lamlboolc was used for both the Pre-Dcvelopmeiit (i-'Aisting atzd Comn-iitted Traffic) and Post-DevelopMent C(Alditiotts. In accordance with St_ Lucie Counh- Stanchtrds, the roa(lway° were evaluated using the criteria of Lcvel of Semce "D" for daily coriditions and Level of Service " i?" for peak hour directional conditions. The following is a 5utnmat-V of the results: Average Daily Traffic Volumes Volume;1.OS N, olumc/LOS Roadw,,ly Link C a )acity Pre- 1)evelopment Post-Developmcm SR A-1-A South of 14,300 7,055/C 7,352/ C FPL Plant SR A- I - A North of 1-PL 14,300 3,413/(: 3,709/C Plant PM Peak Hour Directional Volumes LOS(F) Voluirte/LOS V olume/1,{)S Roadw,m- Link Ca_ i�city lire-llcvclo tncnt Post-DcN (:IoI tnent SR.;1-1-A South of 920 3 9 7 / C, 414/C FP1. Plant SR ;1-1 \ North of FPI, 700 327/C, 353/<; Platlt c m a d CO `o c m Q m z t— to u2 co 0 N w tY c m E d m m Q. E m L Q. r t� 6 T t= d E z a Packet Pg. 349 i I. C,Rt AT D KWL dyko f ,, FRCE. Fl i4l,Sl PHONT: T,72 30 � 'hl VF4400ril esign 1172 4('4 1�s3 ,AXroup, LLC CA \11.)8610 i -N, " I N 1: 1 - 1Z,' , P I -A N N E R S ft G 0 N -S I JZ 1. I Cr I0 N MANAGE RS FIGURE THE ATLANTIC 3 DISTRIBUTION BY VOLUME (P.M. PEAK) I Packet Pg. 350 1 10.B.1.p CONCLUSION The results of the report prepared for the proposed The Atlantic residentiat to\vnliouse/condominium development indicate that the traffic impacts of the project will new decrease the capacity of any roadway link on the roadway network of St. Lucie County. and the F.D.O.T. to an unacceptable level within the study area and no capacity. related roadway improvements would be required. In keeping with the standard requires of the Florida Department of Transportation it is recommended that a left =n lane southbound into the project be constructed along with a right turn deceleration ]aric northbound with the improvements to the project. Submitted By r I ichard Ivl. 1.ady1,o, P.1 President Florida Registration No. 34288 Packet Pg. 351 10.B.1.p REFERENCES l . F.D.O.T. — St. LUCie County Pall 2014 Traffic Counts 2_ State of Florida Del)artment of Transportation, Quality/Level ol' Service Hitncibook, 20I i. 3. 1nstILLlte of -Transportation Engineers, Trip Gencration Manual, 9"' Edition. Packet Pg. 352 10.B.1.p APPENDIX A TRAFFIC DATA :i a U2 to N co W C d E N r R r N T v E v m LL r Q �.r W 0 r Y E V a r r a Packet Pg. 353 10.B.1.p Ceidenwal FD%jvi Ricl. I`Ivlu Dept of TjyjIl.S�lofAt(Itioli tie o.tf I IDO Nl etir ( (' wreiar 81hr1. .1111 RONO] 1) hvrr Laudcri€ale. FI- 33:09 — _ S606.11 er 1'. 2015 THIS PRE -APPLICATION LETTER IS V4LID UNTIL - SEPTEMBER 17, 2016 -- _- -� i-- _---� ! HIS LETTER IS NOT A PERMIT APPROVAL Rich. rd Ladyf,o — Ladyko Dps6n Grn1lf; L! C 440b Belle , rmvr Delis Fart 'iefCe- F;LSnOa 33,ICK 1 Dear 1.1r. Lrijy' RF September 17. 2015 - Pre at l €ir, ;lion f',lelinll for Category B Driveway S! Lucie ;Gun1 - ;o[ vJthin the city Iinlits. i Furali SR Al A Ser, r g4r5r; f:1F - 10 65 Access Class - 4 PGsled Scee'd - 51 nlp;1 SIS - IK Request: Full access connection on the east side of SR A1A located approximately 1950 feet south of Anacostia Place. SITE SPECIFIC INFORMATION - — AP Aleicantcl a"' Prop Address: tV 0' ner Southllall & MThe Atlantic - li�llh th � seInnc Drive, Fort Pierce, FL 33401 Parcel Size: 21.99 Acres !,tax Sq fl 102 DU - Proposed Li; Residential WE APPROVE YOUR REQUEST this decisi, n Is based 0c1 your presentation of the facts, site plan and Swvey - please see lhe' conditions and comments belov" . you may rhoosr.'o re':iew Ihi von, ept further L'rith the District Access I':lanagement Review! Corllmittee (Al}:IRC). Conditions: - A minimum driveway length of 40 feet, as rneasured from the ultimate right-of-way line to the first conflict point shall be provided. If a guard gate is installed a minimum driveway length of 100 feet is required. A right turn Iane is required and must include space for bicycle lane. A tell turn lane is required to access the proposed driveway. Both turn lanes shall meet the minimum FDOT design standards. Approval of the access permit shall be conditional on the location of the driveway on the adjacent property to the south (Sunset Beach, Sect. 94050 MP 13.134 - Pre•App Letter dated December 11. 2014). Comments: None. • Drainage mdI garcn is required for any impacts within FDOT richl-of-,,�ay (i e increased runoff or reduction of existing storage) A Storm VW1IF-'' POVU1i0n Pff,"vCl ,ion FICA nhUst be s:lbrilltted vliti1 the �ppljCahcn for n1Cre tllacre arh 011e Of "CliSIL120 area- as defined by lh.� FlcnrJ partn,en! of Envirnnrnenta! Protect!e=r (F-DEP)- • The applicant shall donate the right -of w.1ay to the Department if right-of-vmy dedication is required to implement Ilse improvemenls, • All drive+:ays t]nl appro:crf in this letter !nest be f!.Illy ren).')ved end the area restored eti,! • Dimensions bcen dnvevvpys are rneasured from the !scar edge of ra:ernent to near ed c of pal;ecnent and fete inedia!1 openings are measured fre311 ce;l',',Ore to cenlerline unless otherwise indicates Thar flusposc� of tits PI.�:'-AL'WIICatf011 letter :s to doCLlmer,i the conceptual review: of the approxiinate location of driveway(s) to the Stale for per be Gnhitte Hichway system anti to note rega'red nllprove!11er1ts if anv. This !Eller lt su'd wrlth any further revie��s �1nct rnilting. Th4 Departrlhents pers^nrcl shall reviei'J permit plans fr.,r C0110i2nce vritshah lfhiS Ieiter ,as well ',-is current Depai-Oneol standards and!cr specifications. Filial desgn MLISt corlsider the existing road,yay profile and any irnpacts to the exis'.ing drainage system Note, this letter does not guarantee permit approval. Tho permit may be denied based on tfle re'vj2wr of the snbrnitled engineer;ng plans. Pe aware that ,111y aplhro-ed r11e,72,n )p-minus mFy be modificd (or closed) ire [he fulurc --iI the :o':e discretiorl of the Department For ricfht-of-way d rllr :itEGIF ,E l iil'Cf!]t:it CS C, F 1GS ,i h:S-dot state,fi.,l$; fl sf e 1?I!t lh C;ICI. On Si%t(,;'ifd2 P&Mil Ne1VS SCf01i down to DIStIICt S� r ll d,) 111 to ',rjldlt,on ' 1.1formation and Examples and ctioose R:gnl of -:ray Donatio11s11Dedicat;011s. Please contccl Ce•rs,; Soso ?.E. al the District Permits Gfllce 15:it ally �auesti _ Fax cns regardi;ul permits -Tel f 9 4- ; y 4203 �? j „t r St ± 0: E M,Dil a;.VSa S1)Sa`�dof, s1:1e-fi t1s t � 5lncereiv. Dalila Fernandes PIE, Llisirtct Traffic Access f%-imager ll-5� 1Y.(Iti1t-at:hl(. J. LIS Packet Pg. 354 10.B.1.p FY �,F �:. 0 a 21 i UI U1 C W In -i Ut -A Sll -f to fn 0 U1 Crl In VI U1 UI VI U1 N UI UI U1 lfl (n UI UI Z -i -I -i -; 'a A A A A p A A A O Z 2 A C C C C c c C C C D A D D ➢ '� D " D D -b D D A C rn Z Ut (n n n n n n n n n n 3 3 3 3 3 n n n y D n A D D= O 2 m m m m m m m m rn rn rn m m vl m U1 MIT !n to N UI Ut Vl U ut � Z p A m OQ � _ ~L `L i2 m w m � O ❑ ❑ O O O O O Q G p O 2 ❑ ❑ G m rn m m' m r < l r ._ A A O A c C C r~ c c c ❑ O 0 LA U) y N O 0 C3 OC S 2 S 2 2 1 S Y CA O w W m W a E m a C C C < < ❑ $ O ❑ O ❑ O m 3 �, ro 3 n n n .. w n <n N x x ul m n D z cn O m I„ z O c w o 0 I O V O C A 1 m G 3 m z in m m m r r D A G n z n r ,. v rn r to m x x ➢2 ➢ 3 z a T 3 m n x z 7 N G m G n = 9 O 0 A n C z m rCn v _ p p ❑ "` X m m { Q A m D z -a 3 Qr❑ 11ajA amZUD t� m n n m < 7- n A A rl In Xr^ O 2 i n❑ A m p m -A _ r O Om 3- <P Cz 2 0m ❑O in W m ❑o CmrO mron U=❑o OSx m p O oA mm too oD C o O A r r A A mp❑ _❑ ❑ 2r CG O A A X a O A F o A y �� D [11 m 3 O U -A > Z ❑[ m D rn O o 0 D D � ❑ o c rn < o m Z Y A cQn C n n r� A C •� 3 rn � -t m D b c D in m ❑ � s S N O O A m { ➢ O < m O (n ➢ n 3 t In U r C j k ➢ b C O S m D mOY { rn p D � m m <, + W m m ., C iFl O A sA. p!❑ r[�R m rn G C W C 10 ❑ < W C7 O ❑ O � A 7� is is i P W A m ut n O w W A A A N r V W V '� � _ ~ a+ �' W v f. a+ to N •• n O Q, V O O o O o O a O o o v m V W W N Q N W O O o O 0 O 0 4 0 V .D V .D W �^' W I'' l0 A O A CT O ,D O O O o C] A A a O o O O ,o ,D CO O] p i n o 0, QO N Uo, c1 Orni N o0 In VI m 0 '� 7C p 0 0 o a o i ji A h Co A A W W V r O = W Lfl J' A A Co N V1 w i m v 3 v � r n o n n n n n n n n n n n n n n n n o rn p; n n n n❑ Co m p Q V O O V lJl V 0o W m 1 A In A A 1p Sll V V � V V V i0 p� p� A A A i0 V N OI in tJ4 W �D W Vl W Vl W V1 A .p V Vl A Co Q. Co 0 W 0 vD N � In 1, I- A O r] f!J A A O � '.A Vi CO }➢ V O Co W P lD N Vt VS O (� N >•-` V1 VI W VI O " tJ *' W lJ N y M u F+ A P VI Vt A W W ���PP W W O� F' VF V N A A A ro v 3 V n n In In n n r, In In n n n n In In n n n a rn o n n n In a m 0 m 4 0 V �D In A O1 m v Qv IT V V tb 0f+ b Vs ni A T A rn L.n V O V O G1 O rn O a+ W C �l A CO �D N A A 41 m A W do W V V O� to W V W V Vl iU Cl� V W (l'i V in W Q� d.� P n d M n `� '"' Packet Pg. 355 10.B.1.p Generalized Annual Average Daily Volumes for Florida's TABLE 3 Rural Undeveloped Areas and Developed Areas Less Than 5,000 Population' 12/18/12 >, r.Ilkr r STATE SIGNALIZED ARTF;RIALS FREEWAYS Lanes Median B C D E Lanes B C D E 2 Undivided # 12,900 14,200 ** 4 28,800 43,000 52,300 60,000 4 Divided * 29,300 30,400 #* 6 43,000 64,000 78,300 92,500 6 Divided * 45,200 45,800 ** 8 57,500 85,400 104,400 123,500 Non -State Signalized Roadway Adjustments Freeway Adjustments (Alter ton'esponding state V011lmej Auxiliary Lanes by the indicated percent.) Present in Both Directions Non -State Signah2ed Roadways - 10% t 20,000 Median & Turn Lane Adjustments Exclusive Adjustment UNINTERRUPTED FLOW HIGHWAYS Lanes Median Lr-lLaues Right Lanes Factors Rural Undeveloped 2 Divided Yes No +5% Lanes Median B C D E 2 Undivided No % _5 Multi Undivided Yes No -5°/a 2 Undivided 4,700 8,400 14,300 28,600 Multi Undivided No Na -25% 4 Divided 25,700 40,300 51,000 57,900 yes +5% 6 Divided 38,800 60,400 76,700 86,800 Developed Areas One -Way Facility Adjustment Lanes Median B C D E Multiply the corresponding two -directional 2 Undivided 8,700 16,400 23,100 31,500 volumes in this table by 0.6 4 Divided 25,900 40,700 52,400 59,600 6 Divided 38,800 61,000 78,400 89,500 Passing Lane Adjustments After LOS B-D volumes in proportion to the passing lane length to DIC.YCLE MOD Ez the highway segment length (Multiply motorized vehicle volumes shown below by number of directional roadway lanes to determine mu -vary troximum service volurnea.) Uninterrupted Flow highway Adjustments Lanes Median Exclusive left lanes Adjustment factors Rum] Undeveloped 2 Divided Yes +5% Paved Multi Uudivided Yes -5% Shoulder/Bicycle Multi Undivided No -25% Lane Coverage B C D E - 0-49% * 1,300 2,000 3,200 glcd a }two y ayyanaual aYer9 Cda11y Yn1umR of levers °f orksm[ Ss -labia ser�evs�creaanc¢oaiset-fortliie•eWoian�tirllu50-$4/ 1,000 2,100 3,200 10,600 psitantronendum_t.d uabus�rerag�enwf] 01j85-100/ 2,600 3,900 18,500 >18,500 be usai{or ino�(q"spcctCrc-p 18a`nm� apphcarnns `t}e t 3hFe a nd iicnying enmpurermctdcl5should Developed Areas rnoFbe.ttsed�orcorridgrarinterscenondcs�gn�vhcnmarercfine¢;Secbevgeraex�sc Paved fxtculaaans are based onpl�inlhg appin:ebuas ofnc� N3ghway�apaertStMenpalpnd ut, and ati af.Seevu;cMannal tv`7_,' .�- Shoulder/Bicycle sth`�'iansi€Co .; Level for hrcyte,and Lane Coverage R C D E °f7ervn:e the prdeskran mvde5 u3 this tablc�c baser onnwn3 r _ ofN5lTrdedveluctesrn°tnium6�otbcycM sri 15ntb¢faclit}' 0-49% 2 300 4,900 15,600 * Cm®°heaet�ievrilrasmgiahk m�td value a Its r 50-84% ° 1,700 4,500 13,300 18,* 00 85-100/a 5,900 18,500 >18,500 NolappGcfiblcfurthatievelorstrvneleticrgede,]°ytbeaut°mobsfemodq r vbtaates g�r�aler lliarr�fcf of source D �etorrte F bteeus8'tntas'eeteorS'es�acrfcshave PEDESTRIAN MODE2 1r bienacaehed For the 61eyel Rnwdt, ii tleti el uFsm rcc 1e71 t fi7ade (hrahSdrrtg F)�s hat (Multiply motorized vehicle volumes shown below by number of r� r -echse�ablc becaase tltes rs r(a maxrmarr=vctndc volume threshp fdasiog;ah IE. €opal directional madway fans to determine too -way nuodmurn service yatve defau]Ls; � . volumes.) - Sidewalk Coverage B C D E , r< }scarce 0-49% * * 2,700 9,2D0 50-94% * 1,500 8,400 14,900 El°`idsnoPartmmt°fTimcewtana° k , SyatesrsFtanr,mgonae 85-1000/0 3600 10200 16700 >19200 , ,,, , wrytr�°tstate il.a5lalgnnm'vlsys{emslsiirllpsldefaulk"shim ti. ,e 2012 FDOT Q€JALITY/LEVEt, OF SERVICE HANDBOOK TABLES Packet Pg. 356 10.B.1.q T. L f E COUNTY F L O R 1 D A Site Plan Name: The Atlantic Development Review Committee Site Plan Sign -Off Sheet Site Plan Number: MJSP-1020104163 Division: Saint Lucie County Fire District DRC Member: Captain Debbie Knupp Phone #: 772-621-3322 Review Date: 2/29/16 have reviewed the above referenced site plan and determined the following: Site Plan Approved F_x1 Site Plan Approved with Conditions: F-I (List all conditions in full format on how you wish for them to be listed in the development order) Site Plan Rejected (give reasons): ❑ Required revisions or reasons for rejection (attach additional sheets if necessary): Packet Pg. 357 10.13 Residential Projects Site Plan Overlay Access Routes (Distances between acces routes are approximate) Hutchinson Sands (84 condominium units; ® The Atlantic (102 condominium units) M a Sunset Beach PUD (44 single family lots) m N O W C M d H Co Atlantic Ocean N y\\ CO) _. W a\ � \;b O Indian River Lagoon '\ec / 8=4 T 0 250 500 1,000 Feet ^ - ROGD W=TAND SVPMv NGROvc m. \ \'f � \l \ \ ` � • l: 1 Site plans for each development project was _ • - _ \ ` r geo-referenced and overlaid with parcel data. f , Map Date: March 14, 2016 �, Packet Pg. 358 10.B.1.s JONAIHANA BERKnwRZ NEd P CHERUSIN GARY J COHAN' FRED( COHEN. PA GREGORY R COHEN PA BERNARPA CONKe)['][—I KYLE 5 FELTY GARY A ISAACS P A ' 90UGtAS P LAMBERT• ALFRED G MORICI, PA UAviO B NORRIS PA T-MOTHY P O NEILL PETER R RAY, PA. KYLE SILVERMAN' ROGER C STAMON' JAME5 5 ME PMAN_ PA •'• BRENT G WOIMER, PA '•8oa�d C•�Pia.d R.o E4.m ...Band C.al.d B--1. bho. — A T T O R N E Y S A T L A W October 20, 2015 Ms. Leslie Olson, AICP Director St. Lucie County Planning & Development Services Department 2300 Virginia Avenue Ft. Pierce, Florida 34982 Dear Ms. Olson: I represent two entities, Millhess, Inc. and Southall, Inc., which collectively own property located in St. Lucie County, South Hutchison Island. Many years ago, a former member of the County Commission had suggested that we engage in a joint access road together with the adjacent property owner to the north of us which is commonly known as Hutchinson Sands (the Garten Property). Over the course of time, I on behalf of my client, attempted to negotiate with the Front Street LLC, Indiantown Land, Inc., LITE Avenue, LLC and Aspen, LLC ownership and met with representatives of Mr. Garten both his attorneys and a consultant ("Garten Group") for the purpose of addressing the joint access between our properties. I made numerous efforts to negotiate with the Garten Group for the purpose of bringing closure to the joint access issue. After numerous attempts to try to put into place an agreement between my clients and the Garten Group, it was abundantly clear to me that no such agreement that would be reasonable to my clients would ever be achieved. Based upon that conclusion, I advised my clients that the only way we would ever achieve access to our Property on a reasonable cost basis would be to have our own access and not have a shared access with the Garten Group. A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS 712 U S HIGHWAY ONE • SUITE 400 • PO BOX 13146 • NORTH PALM BEACH, FLORIDA 3340 TELEPHONE. (561) 844 3600 • FACSIMILE. (561) B42 4104 Packet Pg. 359 10.B.1.s I have been practicing law 47 years and I can assure you that the efforts I made to achieve a joint access with the Garten Group were reasonable and fair and resulted in me having no success whatsoever. I am convinced that any effort to try to achieve a reasonable and fair access arrangement with the Garten Group is going to be a futile effort. I hope and trust that you understand and appreciate that there is no way for us to have access to the Property but to secure access strictly on our awn. Very trul r , J red C. Co n Packet Pg. 360 10.B.1.t Brian M. O'Connell 515 N. Flagler Drive - 20ei Floor West Palm Beach, FL 33401 Phone: (561)832-5900 Fax: (561)8334209 Email: boconnell@cascyciklin.com October 1, 2010 Front Street, LLC. c/o Mr. Herbert Garters Fedder & Garten 36 South Charles Street Suite 2300 Baltimore, Maryland 21201 Re: Atlantic Estates — South Hutchinson Island, St. Lucie County Joint Access Easement and Cost Sharing Dear Mr. Garten: As the owner of the property immediately adjacent to your Hutchinson Sands project, please be advised that we are currently processing an application for Site Plan approval through St. Lucie County. It has come to our attention, that in accordance with your Resolution of Approval from the St. Lucie County Board of County Commissioners, Resolution No. 08-017, access to our property is to be made available -through the access road from S.R. A-1-A as indicated on your approved site plan. As we process our application through the Growth Management Department of St. Lucie County, the Department has asked for the appropriate documents allowing access to our properties. Through this letter, we are seeking a proposal from you as to the terms and conditions for the joint use and construction of the entrance from S.R. A -I -A to the development areas of our respective projects. Enclosed please find the latest version of our proposed site plan. The enclosed version has been modified from the version originally submitted for application as a result of St. Lucie County's first round of comments. We have also been in contact with a number of the other state and federal agencies involved in the permitting of the project and have incorporated a number of their comments and current requirements into the enclosed version. s: HAWPOOCSOM0 Hutchinson IslandU.etter to Herbert Garten.dmX10/1M1=:07A6 PM OCT 2 5 2010 Packet Pg. 361 Fmnt street, LLC. c/o Mr. Herbert Garten October I, 20I0 Page 2 If you have any additional questions or comments with regard to these matters, please do not hesitate to contact me at (56I)832-5900. Sincerely, SOUTHALL AND MIL , Brian M. O'Connell, President BMO:sl Encl. cc: Richard M. Ladyko, P.E. 10.B.1.t Packet Pg. 362 4�? 1 s r V\. "--Q 10.B.1.0 ST. LUCIE COUNTY GROWTH MANAGEMENT 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 -- Fax: 772-462-1581 www.stlucieco.gov/ re owth DEVELOPMENT APPLICATION Prior to submittal, all applications require a pre -application conference. Please contact the Growth Management Department to schedule an appointment. Submittal Type (check each that applies] Site Plan o Major Site Plan ❑ Minor Site Plan ❑ Major Adjustment to Major Site Plan ❑ Major Adjustment to Minor Site Plan ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Minor Adjustment to Major Site Plan ❑ Minor Adjustment to Minor Site Plan ❑ Minor Adjustment to PUD/PNRD/PMUD Planned Development ❑ Planned Town or Village (PTV) ❑ Planned Country Subdivision (PCS) ❑ Planned Retail Workplace (PRW) o Prelim. Planned Unit Develop. (PUD) ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Final Planned Unit Develop. (PUD) ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Final Planned Non -Res. Develop. (PNRD) Conditional Use' ❑ Conditional Use ❑ Major Adjustment to a Conditional Use ❑ Minor Adjustment to a Conditional Use Variance 2 ❑ Administrative Variance ❑ Variance ❑ Variance to Flood Damage Prevention ❑ Variance to Coastal Setback Line Rezoning 3 ❑ Rezoning (straight rezoning) ❑ Rezoning (includes PUDIPNRD/PMUD) ❑ Rezoning with Plan Amendment Comprehensive Plan Amendment 4 ❑ Future Land Use Map Change ❑ Comprehensive Plan Text Amendment Other ❑ Administrative Relief ❑ Class A Mobile Home ❑ Developer Agreement (Submit per LDC 11.08.03) ❑ Power Generation Plants ❑ Extension to Development Order ❑ Historical Designation/Change 6 ❑ Land Development Code Text Amendment 7 ❑ Plat ❑ Post Development Order Change ❑ Re -Submittal # 8 ❑ Stewardships — Sending/Receiving ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Transfer of Development Rights ❑ Waiver to LDC/Comp. Plan Requirements 8 Application SunDlement Packaoes 1. Conditional Use 4. Comp. Plan Amendments 7. LDC Text Amendment 2. Variance 5. Class A Mobile Home B. Re- Submittal 3. Rezoning / Zoning Atlas Amend. 6. Historical Designation/Change 9. Waiver to LDC/Comp. Plan Requirements Refer to Fee Schedule for applicable fees. r 00 0 a� E U a r r Q All required materials must be included at the time of submittal along with the appropriate non- refundable fee(s). Page 1 of 6 MAR v Ga�4 Revised July 14, 2009 Packet Pg. 363 10.B.1.0 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — GROWTH MANAGEMENT Application Type: Supplemental Application Package No.: (Please provide separate fee calculation worksheet for each application type) El BASE REVIEW FEE: 0 CONCURRENCY FEE: p ERD REVIEW FEE: p PER ACREAGE CHARGE: ❑ RESUBMITTAL FEE: (if applicable) ❑ OTHER SUBTOTAL OF BASIC FEES: p PRE -APPLICATION MEETING FEE: (F) Receipt No. of Payment: Date of Pre App: BALANCE OF FEES DUE: $5,400.00 (A) 400.00 (B) 150.00 (C) 205.54 $ (D) NIA $ (E) NIA 6,155.54 $ 500.00 $( ) deduction It 5,655.54 SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code ❑ $950.00 — Methodology Meeting (G) (If Applicable) • Additional fees will be due if a 3`d party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3`d party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Growth Management. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies; ie. Fire District and proof of payment will be required prior to project approval. Pre -Application Meeting Request Brian O'Connell Applicant Name (Printed) Signature of applicant INTAKE REVIEWER - SIGNATURE DATE VERIFIED BY - SIGNATURE DATE File Number: Page 2 of 6 Revised July 14, 2009 Receipt Number: For office use only) Packet Pg. 364 10.B.1.0 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: 2) Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 9 copies) Aerial Photograph — property outlined (available from Property Appraiser's office Property Deed CI Legal description, in MS Word format, of subject property Property Tax Map — property outlined (electronic copy not required) L7 Survey 0 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) Concurrency Deferral Affidavit; or 0 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: I1 Site Plan 24"x36" at a scale of 1 "=50' (10 copies- folded, not rolled) El Boundary Survey— Signed and Sealed (10 originals) El Topographic Survey— Signed and Sealed (10 originals) S Landscape Plan —Signed and Sealed (10 originals) 0 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)) 0 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) 13 Updated Traffic Analysis if applicable (4 copies) © Approved Resolution or GM Order *Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it will invalidate the results of any hearing(s). Page 3 of 6 Revised July 14, 2009 Packet Pg. 365 10.B.1.0 Project Information Project Name: Atlantic Estates, P.U.D. Site address: South Ocean Drive, South Hutchinson Island, St. Lucie County, Florida Parcel ID Number(s): 2529-231-0002-0004 and 2529-231-0001-0007 Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) SEE ATTAHCED Prnnarfu Inca+inn—'Zarfinn/TrnAmchin/Pnnnc- Property size — acres:20.554 Future Land Use Designation: RU & RC Zoning District- H.I.R.D. (South) Description of project: Square footage:895,332.2 Proposed project will consist of 102 Multi -Family Units in four (4) Buildings located on the East side of S.R. A-1-A. (Attach additional sheets if necessary) Type of construction (check all applicable boxes): 0 Commercial Total Square Footage: Existing Proposed: Industrial El Residential 0 Other Total Square Footage: Existing Proposed: No. of residential units: Existing 0 Proposed: No. of subdivided lots: Existing Please specify: Number and size of out parcels (if applicable): N/A Page 4 of 6 Revised July 14, 2009 Proposed: 102 M.F. Units Packet Pg. 366 10.B.1.0 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): Name: Brian O'Connell, Esq. Address: 515 North Flagler Drive Suite 1800 West Palm Beach, Florida 33401 Phone: 561-832-5900 Fax: 561-820-0389 Email: boconnell@caseyciklin.com Please indicate one individual to receive Name: Richard M. Ladyko, P.E. - President Address: 4400 Belle Grove Dive Fort Pierce, Florida 34981 Agent Information: Name. Ladyko Design Group, LLC Address: 4400 Belle Grove Drive Fort Pierce, Florida 34981 Phone: 772-530-8261 Fax: 772-464-1383 Email: enginpod225@aol.com official correspondence on this project. Phone: 772-530-8261 Alternate Phone: 772-464-1383 Email Address: enginpod225@aol.com (Please use an address that can accept 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. Brian O'Connell Property Owner Signature Property Owner Name ante Mailing Address: 515 North Flagler Drive Ste. 1800 Phone: 561-832-5900 If more than one owner, please submit additional pages West Palm Beach, Florida 33401 STATE OF I _, COUNTY OF P,44Ai A f-hc/ The foregoing instrument was acknowledged before me this day of JAM U�12-y, 20 I 0 by lg 4l,-N ill. D 1 G o)1 A�h k who is personally known to me or who has produced A1116 as identification. Signature of Notary Commission Number Page 5 of 6 Revised July 14, 2009 a 14 O ti`��c •:.� Type or Print Name of Notary � •' lsV C4MMi �' � �'r �� " � SeF;em6P�saZ:a► Zlil pop iOWP Packet P . 367 I 10.B.1.0 St. Lucie County Concurrency Deferral Affidavit I, 9, l-41 / 0 f �,y,Vr L& , residing or doing business at 515 /vnORi FL�� Na a Street City Stat ip Phone have applied for a /�Eu PU D 4 lzvvoefrom St. Lucie County, Florida, Type of Devel ment Order for the following project: Te: &s'r,4rC s /'I)• Name of Proposed Development I do hereby affirm that in connection with my application for the above project, I have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later time, but no later than the application for a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie County can make no guarantee that adequate public facilities will be available when I apply for the final development order. I further acknowledge that according to Section 5.08.01 of the St. Lucie County Land Development Code, no final development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject property. Signed: J Date: J-��- ao /0 Applicant STATE OF FLORIDA COUNTY OF P&Za,16 The foregoing instrument was acknowledged before me this 224 Lb day of ShAA90� , 20, by Ae M A)M • 0'C Q/(i 1 i Ekk who is personally known tome or who has produced A� `/�- identification. Signature of Notary Type or Print Name of Notary Commission N Page 1 of 1 Revised: April 1, 2008 Packet Pg. 368 10.B.1.v EXHIBIT E MAM.Al::7:►►YMi7 D! 01111 to 42 r O N N W d d Q Packet Pg. 369 10.B.1.v `Ellis ili+lri,!€wo• ur", 1srF j;.;rl•cl 111 90 a" ix €3.i �il�s � '•.�J'¢ _.,...,.,, ..-.._� � M 6f yy yy /.rT yRq ikj3p,l MR rgmry 220 T;-vOh !a>,nri Sirek7 9`` i i ?rF€lrFi tl SlIFdCER B. C11-l,irr a -ad i:IilNESTINP S. GILbEw1r, 14 WAO, .as Cu an umli.v= Ied sent-nylf € trts vgl'; and T�AKTY. ILBERT` OkiJi>tITIZ, also 'Known are AARTTN "IIFkwf HORt]O,:111 and NAIANE lit?Ri? I TZ , 11i s 'Wife., as to One - fourth i e r e,,� if! 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The North 469,42 feet c.f Cover€mvnt Lot 2, Sr cti bn 29, I�,nsl i '35' vu h, #pane 41 Easr-, 'St. Lur Att County, �:� �,€ �i7£;,r� F iarz€l�, tflg�i,l:�r �i.T�a ra nracr--exclsxsiv� ease�€�nc sczr irsgrr�s� s..•uCfC irv,Er+l r.kr and egrvss ove2" the loll.nwine,: Proza Che NW cori'L:f of W-4v-m— sklz €�x "',C:1kL Lot 2, Sec: t imi. 29 F ° ownsh i,p i 5 Scmtb, Itange 41 kart , z i;€z Sit: rr South along; the t e4A line af. saW €�vermnent Lot 2, a distance - of 69.42 feet tra thve poil1t of F]:,ginnigg; t.htnce continxAc ^ P1-o0 South121 feet to tits Ea>tnr3y 1t1�1 0 5t�3C £ €k€€i AIA llwrtcc, So"r1heiastarly al. ut�g said R rW 122+ Sl fe£; ; thence, rim 1 €irt.cc] North 227.81 feet; thou c Tini best AFC) brt:t to tb€ point rJ 4',' 0?% lkilA .x .tE i.lF3f filF' IiOil !li '..€''ii `:.cr;it, .Fi':£i vill llf3F•:,d f ,F �.Tmv :ly.if€JA Eli[' I,:W,' ii f•£-14M „I :F!I t.i i3,r;F� S� f'F.'il,ifl``'x x'{ • xx x [[ [ y�i:t131;Ff S?3;F f0t ;3r 111.14 .it, .i.% €lk.iJl'"I Il'tltt !fi'j. Iil[Ift fill �ttrr�� S:f.4lit 11 1t:is lix i<€€st3: aet fr:lt4,Z //C �.,,C i �,# I F i? :tinC Y� IG i _ �� Zl]er_ a ST , LUCK: ....----- - -_... .....�.�.....,.._ --- - I fii•rYl :'i° i:V-.Vii•iE�7• ilr<=2 Err; il,i+ :1.i1' li:firs• a€€;'. .F' vrllii-r•] llt�l,x?n:ti€fis7€ iFr Ir}.r• ��#,ifi.e,•{1�cI�f1lcl,>�. fiiras:€:,€Ili R H Gll.ki qnd f N.4ed ff C'�iS 'Eizl :Ii1:s ,.V z'S3 CsT1 [i;i �''i ask-fe1~-`5t, lil'I %Sai$ Sz'i:.:= f•'1 I'3 •11Rfflobwyt"�R i•ii:;€V:3i iIll' IirI 3i, ;5£F4Fs1 it'fl! .[:.ill At2; F, K It, 33;; €it_=I _ 4F.;' k'Sl ['t1{I'ii€t.• •;kk4il' �j =k�^' i� xf•,4y S1SS IF.I{!L# .Iml 5l.LEi.' 11'%I ',JU £ ,Ff4r Et!!S .� lVi l�sFi:,{i3»iir;x r:.l]I rl�% •-L:r .. .. - �/r �� ��ii F:fA L5€sl}ii1 Packet Pg. 370 10.B.1.v 'xf' Sl. °'t•I'v.1 .€ €at, ,.. ' I'U'':i a'.<i ilY r' ly .a 'v {: s'{-�I ;, F . = l �1L 3fC i €� € y�,,.'. ��•�, C1 Ti �3 s'#, ti z is �. is x 53'-I `z ci`.11:.t`S::'i€j'��iii;,P1�,"Ey':¢.' j.� r»s'•s GUAR'x11ts I ` DEFT � r` at R TMIS I EM), vxeLuted this E12Rday MORGE 14ORMITZ a€-€d M N£:Sk R. OIl RERT, as ia,4j 6 . 0, pax sun and cr8tate of u:MD .alw[`t IRRY MOROWITZ, 0 sniwz€lr, ixart_F•a a the irLr p�irt, VF: MYLTAI-Ess, INC. , a Di*;trict cf col.uz b=a it.i�a€z, who" Vz)Sc affico a{idress .i"'3 €Ju ''aa, rain. kick, i , Lsnx ,,€}fit, } panty eat t.ita: second Part, � I%vy=alL issr, --17:r em ...FM3y5 I`tas;t said par' f-es of Li ,-. first part, far ano- in c'oil S i €ir ra c i.onl of rh(� :� of 3 x .0* and 0thI -r goo€ I any vaIoabI e voltsldurat..iw'.r' i.n ba-11d pain by cite party it chp second part, the receipt ftereof is Bent -by hereby grant, harg,ain, sell, re€nLse, release and € otjV�fy € aLo t b(r party Of the se --On. I Fart. forever, the fall —wing, property 5LC€s,M in St. Lucie County, vlfrrida AN UNDIVIDED ONE -QUARTER INTEREST IN ANDT'Cl. lbe North 469.42 feet Of GrWtc rnrKKent i,sat 2, Se€<tioa 299 To;,-nshi.p 35 �otstht Raogg,, 41 St- Lu=.Je-; County, Florida, w e:the-r with 'I noF -exc olive easemclir f:)r ;ngr',ss ciad ogress over the ; ollcwing, From the N'd € orrwr crC I.nt 2, %eQtiail 2�i, iOWuShi.P 3.) gOUrh, R-111190, 41 East, min SYuth alc:ig the nest 11 rina of saict Gov--&- nr Lot 2, cti!3roiwc, of 469,42 feet to t!w pc#i.nt of beg!rtrsing; thenc:c- c sot i.zitac `sezti: 121. [e€ t to tine Talker, y jai ui St�c t , Rcas3 e=TES; tlzencQ rux j sc;t thrAa Cearl.y a icrke, said RjW 172,51 C ct; ncctnce ruii i4orth 22i.8I feet; thence rwt WQ5t 6,5 ft,ot to the point of be- inniag. 'roGMIER with all ap-�urtenances the-reunLo bel_nngza�p c r in ary wl se apper t-sa i.zi 1 Itg . TO iaAVI,' AND TO HOLD € he aloe to the raid party cf the second iwa t C , i t € her r rtM card ass inns , ;-,z a full anci ample Iawlnf-r as the same war possessiod or enjoyed by t-he Varties of th& first P-ort, IN WMPT;:;4 WHEREOF, t)qe sNid par(ios csf c;;c first part have, i;oreuntL3 �,vt Cite_i= han€ls and sl-aia the clay and year First above 4_ we tt-en. S ig:�ed , and deli oviL Y in th-e presence c)f. •tad �� STATC OF FLORIDA, fy "T, LUC:? L•' Ci trNTY , ...Iq{SPAL Sp cer a. Gilbert i HEREBY Ci,RTIF'k rhat calf z.his :fay, la; tare uw, sn officer ;.Iuly rauLhvri�ed in the State and Couiity uforegai.6 tc�- Ldi e .;zknuwleclpr {wst , porgonally appenrect i' ORGE - HOROWI` Z Ond 5PF-NLEk B. CI -Lk, RT, 'Lis (%aardians of the person anz! €rsstat:(- '14 ALFRED !riFrEHY lii3WWIIZ, a inor, to me knw.zr--to be-'tha- persons jes-rib,J i.n ally who rx eutt%Cl the f ores zest rc4:aerai , and they kwkn -le ged i�efcr€ :FF€ thrai'- t'hu C:if L.'i:tE'f the sY o)w. UYT7 ES S my hand y=nz€ a4a.l in the SC acl,� ...r.€i Ctw(%Ly afn- ".'M'"'fa--j--L-�N 5,. � n � i 33 �{��f���� 1 U ♦i uF . . . !i Z7 - sling R°XWiress P 't.�c'lay� r,c�tate €rS k'1(srl_ F €I t{�, at Lar�r' r Packet Pg. 371 J+AY 5Qjt IAX 'Z V, I I Packet Pg. 372 10.B.1.v i���a �tial.,yx•ikz ;.aa sa::.-,. WrtfI4 "3 G=ft£iki. tN'vfyat i.1r a €:trnh AREL! , n. E'+rOU, sat W € gkh:�AtE`LY IJI liU HIS INDENTURE, hale this 2701 dj . ,f August �jg7ti, 1>ecwer-11 SPENCER B, GliBERT anj Eilhiliti" IN2 S. C',I1,99K, his wife, as to aii u€ ,,i Lvided ❑rte-half Interest, and HAR.TY GLLBERT HURCUT'iV , calsQ known as tVIR`I'IN GILBERT Ii0ROWITZ, and NADINE HOROWII-Z, his wife, .as to aarx undivided one-ftaurtli i€ateresL, of the Cuurty at St. Lucie, State of Florida, grantor, and SC11J'FHALL, TIC., a tllstric:t Col.timbia corporation, ulioav post o ficL oddre,%s is WITNESSETii, Chat said grantor, for rtrvd in of the sum of `i`eu and Fitt/ 100 T'rialla rs , and caller goad and valuable cvnji - deratLons to sni€i grancoe paid by said grafitee, the r�ctipt W:=ere❑f is hr-reby ra6cnowte4 ed, tams graated, bargained and scald to the said gTantei-, aad grantee's heirs and assigns, ffn,ever, the foll€:wi.ng descfibtd land, sttu4zte, lyisar, and being in. cat, Lascie cwnty, Florida, to -Wit: The South 469.42 feet of the North 9.38.84 feet of (;Ovv-€r--ertt Lot Z, Section ?9, TcDff2ship 35 5"th, Range 41 East., excepting (be right of way of state Road AIA, subjeec Lo an non-exclusive easeRlezac for ingre;xs and egress over Lhe fol)€swi€ag, From the W, corner of Govornzt,nt i,sat 2, Section 29, `Vownshi.p 35 Sovth, Itenge 41 Fait, rui,. Sox irh 41.ong the Vest 144ne of said Gcuverntnent Lot 2, a distance u: 4W42 ?eer to the point of begtncaing; then€�e� continue South 12i Feet to the Easterly R/ld of State Road AZA; thence run ,Southeasterly along said R%ld 172.51 feet; thence run North 227,81 to -et: thencc nna test 60 feet to rtae "oinc of beginning' ANJ)' That part of said Govermment Lot- 2, Section 293 Tomiship 35 Suuth, lunge 41 Ras-"_, lying West of State React AIA, less the South 100 feet thereof. :cs!� and excepting rights of way for public roads. .All t-Qgethet with .all riparian £mood littoral rights tF€orvut'tto appertaining. SubjeeL to AIA right oaf xa g €only. Sobjet't to 7-otiing reprr.t.c:tions of reccrvd €acz 3 design€atc!6 R-4 (Multiple dwelling pi?nsitring hot (.'15' T:c€tel,s ana/or aparr rents or related f ar�i.li- ties), and nobject .taa.excepkion-; aril r e servat,ioDs of record reserved co tfe internal ltaaprcvewent Find of the SC>Ce of Florida. and sold grantor does hereby .fully warrant time t tie to said land, and witx defend the 83tn� Against Lhe llwful of all persutta Whomsoever. IN WITNEt ;`% WREAI:O , Gr,antPr lsas her-euaatQ set ,grant.ar'.9 hand and seal t ;c dray and yaar first aEEave written. Signed, sealed and 41el ivered = / SpVrr ex 8. {II s tsert Gi IYtez-t 1�` v '�" /&"> u z azja tiara c 1 urt Horowirz Packet Pg. 373 10.B.1.v STATE OF FLORIDA COUNTY OF 37. LUCIE I HEtiEBy CE rIFY Lnac on thji ; day before mv, ora Officer duty qualified to take aeknowledgmentN, persoaaI!y appeared SPENCER B, Gli.ii'EgT and ER 4S'rjNE 5, GILBERTi Iai-s wife, as Lv an .andl- vided one-half inLerosL, and XARTY GILBERT HOROWIT2, also kTio"'M a- MARTIN GILBVRT HORWI` Z,, and NADIN.E HOR(MITZ, nts wife, as to an undivided one-fourth i.nLerest, Lu vie kn<)wo co be the persona described in and wta7 OXOCu'tV6 the foregoing instrument and aiknowledEed before we that they exec:jttd the same. WITNESS my hand and officiol Beal in rho, County ood State last 4foresaid this day of U1llUA 1. SAY � �VR iw1 t}° Fug iG,•. caac of F�sSriL3c7 at Large . my COMMI.esioa Expire-,; i ! V A14LI fjr_CrOROED ..;: 'ail �f!r31 as "2120 Packet Pg. 374 CUA T) [.ANS' DIA—'.<Li '11419 t3EMs Ursa utcd thus ..=- do y Of _� � 1,470, by i;t•ORGR HRK(A41? and SPEN Ek B3 GLL,HFAT, �s Cuardians of the pelsoll aaJ esc to of AL3'i.M Jr-FFKRY HORNI'fZ, e mincsr, part:;-e.s oC the first part, to 'i'MMAM., INC., a iitstKUL ,)f Columbia curpo tr3s1, whrasi:-' post of. irc address i-s :srty of the secc:nd part, wlllatwSe,,'k;TH' that said Psrfrties of tite First ianrt, fray and i11 ccrn i&,rat iaari of 01a si-xn al ,$ 1 ,00 end Ott 7k-r �ood arsd va ivaP>lt-. ctta ideraciox�s in hand paid by the party of the aecond part, the te, r:ipt € hereof i.- hereby a;.knowl4cigt�ai, hereby 8vaa tt bargrain, sc:li, r•esc3ise, relea-se and convoy sanxo the party of the secomj part forever, the: f❑l).owiatgt property siruate in Sc. Lucie CoviTnty, M UNDIVIDED ONE -QUARTER MEREST IN AND TO: The Sutsth 469.42 feet of the North 938. 4 feet of overiu ent Lot 2, Secrion 29, 'Tuwnsbip 35 Smith, Range 41 Eag t, excepting the rLght of way of State Road AIA, suhje� t to a € Ase ent for ingress and egress over the fvllcrwing,: Fran t'he Zh4 darner ol; Government Lot 2, Seer.ion 29, Township 35 Savch, Range 41 mast, run Souch aloTrg Cho West line of said 0,0,4 rrunent Lot 2, a disLance of 40.4Z feet Cu the pvir�t of begio ing; thence eontinue South 121 feet to the Easterly R W, t,f. State Kcad AIA; thence tun Sots--heasterly along said R/W 122.51 feet; the:nce run Nort4 227.81 feet; thence run West 6G feet tc the isrsiult of beginning" AND, that +yypart; of said Government Lett '2, 5ecleloa 29, '�ow°'[�li �..p .?S South, Pwnge 41, Fri wi i" 3 l y .t i— iik:'at of 4Latc: Road A'A, Ies thv South L II feet theresf, i..'"q asid erxceptiaFg rielstS of way for Pa iblic roads+ All tIagetber with all ri nrlan a;zd ii t.taral rights t iaes� c;ti[ €r np}��rC3ita ss Sobj ec t to A i :s .-ight. ail: way only, Subject to zoning rc:atc-i, Aons of record now deli natcci R-4 (ndIti.tsle dwcMing pernsi hint hot€ l , motels analor apartments oc related facili- ties-)' an:i subject to excepcion:, and reservations of record reserved to the Internal Improvement ent fund *f thi, state of Florida - Together with all appurtenances th€reunto belonging or in any wise-werraini.ng, TO Pi.AAIL AND TO t OUD the same to t~t,e F�aLd party of the second !),art, i rs heirs and in €a full and ample mannt-r as the same wa s pcasses:srsl or enjoyed by the parties of the fire- pact. M WITNESS WHERFO , the said parties of rh€ first part have herc:ant,o Set their hands and seals cho day and year first above ew2117 10.B.1.v Packet Pg. 375 10.B.1.v wxiCten. signed, sealed and delivered ill the ro5ence of: C owtz Cad beet STATE flip' FLORIDA ST, LUCIE C(3tNTY I litRuy Ck. ';VIFY that: on this slay, bOO-K ,e, On € ffice € fty auihGritcd iiT€ the State and C€annty aforesaiJ ti) take Ackxi - Iedj�ments, personally appeared GEORC H(IR(MITZ and VEKC R fir. 01LBERl', 5 (.aardians of the rr4,:rsun and estate of Ai,MD 1FFFERY OROWITZ, a min0f, tO WW 'KnOwn to bp the persons desc;ribcd in and whe xacvf ci the furagninV; Wstrume6t, and tkey ackncywledged h,�fore me that the'; exc.e+at€d the wiliNESS MY hand and seal in the State rt and Craw tty €afetx e paid r this �YiAj Eat isatary uhlic, State f Florida aL Lki2ge' My commjss,J an expires-. f+toRl4f- I11 /fg I Packet Pg. 376