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Home My WebLink AboutAgenda Packet 08.06.2013COUNTY Lff ®E F L O R[ D A BOARD OF COUNTY COMMISSIONERS AGENDA ST LUCIE COUNTY BOCC Regular Meeting Tuesday, August, 6, 2013 6:00 PM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 COUNTY COMMISSION MEMBERS District No. 2, Chair TOD MOWERY District No. 4, Vice -Chair FRANNIE HUTCHINSON District No. 1 CHRIS DZADOVSKY District No. 3 PAULA A. LEWIS District No. 5 KIM JOHNSON 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 81612013 3: 05 PM BOCC Regular Meeting Tuesday, August 6, 2013 6:00 PM II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. MINUTES AND PROCLAMATIONS APPROVAL 1. Board of County Commissioners - BOCC Regular Meeting - Jul 16, 2013 9:00 AM 2. PROCLAMATION - Adoption of a resolution designating the week of August 4-10, 2013 as "International Assistance Dog Week" in St. Lucie County, Florida. V. PRESENTATIONS U.S. Army Corps of Engineers will present the Pre -Brief for the Dade County Shore Protection Project Scoping Meeting. VI. GENERAL PUBLIC COMMENT VII. CONSENT AGENDA A. WARRANTS 1. Warrant List No. 41 2. Warrant List No. 42 B. COUNTY ATTORNEY 1. PROCLAMATION - Proclaiming September 19, 2013 as "It Can Wait National Day of Action" in St. Lucie County. 2. A Resolution Amending Resolution No. 12-093 by deleting Precinct 90 (Beau Rivage) since the properties located within Precinct 90 are now located in Martin County, Florida Staff recommends that the Board adopt the draft Resolution and authorize the Chairman to sign the Resolution. 3. THIS ITEM PULLED PRIOR TO MEETING - Quit Claim Deed for a portion of Entrada Avenue to Florida Department of Transportation Staff recommends that the Board approve the Quit Claim Deed to Florida Department of Transportation, authorize the Chairman to sign the Resolution and Quit Claim Deed, and direct staff to 21Page BOCC Regular Meeting Tuesday, August 6, 2013 6:00 PM record the documents in the Public Records of St. Lucie County, Florida. 4. Brocksmith Road Maintenance Project - Phase 3 - Contract for Sale and Purchase of Perpetual Right -of -Way Easement - GH Modern AG International LLC - Portion of Parcel ID 2317-431- 0000-000-3 - Wothers - Portion of Parcel ID 2317-422-0010- 000-8 Staff recommends that the Board approve the Contracts for Sale and Purchase, authorize the Chairman to execute the Contracts and direct staff to close the transactions and record the documents in the Public Records of St. Lucie County, Florida. 5. Request Permission to initiate a Petition for Abandonment and advertise a Public Hearing to abandon a portion of a 10-foot Utility Easement - Palm Grove Subdivision, Lot 2, Block E Staff recommends that the Board authorize staff to initiate a Petition for Abandonment to abandon a portion of the Utility Easement and advertise a Public Hearing to be held on September 17, 2013 at 9:00 a.m. or as soon thereafter as possible. C. ADMINISTRATION There are no items scheduled. D. COMMUNITY SERVICES Invitation to Bid (ITB) No. 1-6 Board approval to award ITB No. 1 to One Construction, ITB Nos. 2 and 3 to A. Thomas Construction, and ITB Nos. 4, 5 and 6 to Gentile, LLC., funded under the Community Development Block Grant Disaster Recovery Enhancement Fund (CDBG DREF) and the HOME Investment Partnerships Program (HOME). E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. G. HUMAN RESOURCES Codification of the County Administrator's authority to approve various personnel and staffing actions Staff recommends Board approval of the attached Resolution codifying the County Administrator's authority to approve position re -classifications, temporary positions, salaries for 3 1 Page BOCC Regular Meeting Tuesday, August 6, 2013 6:00 PM reclassified positions and to approve corrections that are due to scriveners error. H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. I. OFFICE OF MANAGEMENT & BUDGET There are no items scheduled. J. PARKS, RECREATION, & FACILITIES There are no items scheduled. K. PLANNING AND DEVELOPMENT SERVICES Permission to Advertise - St. Lucie Commerce Center Development Agreement Grant permission to advertise the Development Agreement for public hearings on September 3 and September 17, 2013, or as soon thereafter as possible. L. PUBLIC SAFETY & COMMUNICATIONS There are no items scheduled. M. PUBLIC WORKS 1. 2013 Revised Uniform Extension Policy Board adoption of Resolution for the revision of Uniform Extension Policy within the St. Lucie County Water and Sewer District as outlined in the agenda memorandum and attached exhibit. 2. MSGS Holding, LLC Board approval of the conditional acceptance of the off -site improvements and Maintenance Agreement, authorize release of surety in the amount of $81,798.50, and authorization for the Chairman to sign documents as approved by the County Attorney. N. SHERIFF'S OFFICE Evidence and Vehicle Protective Storage Building Staff recommends approval of the Sheriff's request to construct a covered storage building and the transfer of Law Enforcement Impact Fees in the amount of $275,000. O. SUPERVISOR OF ELECTIONS 4 1 Page BOCC Regular Meeting Tuesday, August 6, 2013 6:00 PM There are no items scheduled. P. TRANSPORTATION PLANNING ORGANIZATION 1. Resolution - Approval of Transportation Disadvantaged Planning Grant Board approval of Budget Resolution in the amount of $24,923 to amend the County budget for receipt of Transportation Disadvantaged funds on behalf of the St. Lucie TPO. 2. Approval of Federal Metropolitan Planning Grant Fourth Authorization for FY 12/13 Board approval of Federal Metropolitan Planning Grant Fourth Authorization for $145,573 for FY 12/13 VIII. PUBLIC HEARINGS A. PLANNING AND DEVELOPMENT SERVICES 1. Conditional Use Permit Request - All Florida Truck Sales, Inc. for auto body repair services located approximately 1/2 mile south of Midway Road on the east side of US Highway No.1 - Quasi - Judicial Board adoption of a Resolution approving a Conditional Use Permit. 2. Conditional Use Permit - Sign With Me Christian Academy for a private elementary school (grades K-5) and pre-school programs located north of West Midway Road, between Christensen Road and Jorgensen Road - Quasi -Judicial Board adoption of a Resolution approving a Conditional Use Permit. 3. ORDINANCE - Comprehensive Plan text amendment to revise regulations related to residential development in areas designated AG-5 and AG-2.5 - Final Adoption Hearing - Legislative Public Hearing Board adoption of the amending Ordinance approving a text amendment to the Comprehensive Plan regarding residential development in AG-5 and AG-2.5 4. ORDINANCE - Land Development Code text amendment to revise regulations related to residential development in AG-5 and AG-2.5 - Final Adoption Hearing - Legislative Public Hearing Board adoption of the amending Ordinance approving text amendments to the Land Development Code regarding residential development in AG-5 and AG-2.5. 51Paa- BOCC Regular Meeting Tuesday, August 6, 2013 6:00 PM IX. REGULAR AGENDA A. COUNTY ATTORNEY 1. South 25th Street Right -of -Way - St. Lucie County vs. Long Term Finance and Development, LLC - Settlement Based on the discussion set out above, staff recommends that the Board approve the settlement proposal and authorize the County Attorney to enter into an appropriate Stipulated Final Judgment. 2. City of Port St. Lucie Proposed Annexation - Ordinance No. 13- 16 - Settlement Offer The County Attorney recommends that the Board accept the settlement proposal from the City. 61Page BOCC Regular Meeting Tuesday, August 6, 2013 6:00 PM X. ANNOUNCEMENTS 1. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, August 13, 2013 at 9:00 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 2. The Board of County Commissioners will hold a Budget Workshop on Tuesday, August 27, 2013 at 10:00 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 34982 3. The Board of County Commissioners will hold a Joint meeting on the Port Master Plan Presentation with the City of Fort Pierce on Thursday, August 29, 2013 at 2:00 p.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL 34982. 4. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, September 10, 2013 at 9:00 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 5. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Tuesday, September 10, 2013 at 6:00 p.m. in the County Commissioners Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL 34982. 6. The Board of County Commissioners will hold a Joint meeting with the Treasure Coast Education & Research Development Authority on Thursday, September 19, 2013 at 9:00 a.m. at the University of Florida / IFAS Center located at 2199 S. Rock Road, Fort Pierce, FL 34945 7. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 19, 2013 at 6:00 p.m. in the County Commissioners Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL 34982. 8. The Board of County Commissioners will hold a Budget Workshop on Tuesday, September 24, 2013 at 10:00 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 34982 XI. MOTION TO ADJOURN 7 1 Page 4.1 BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BOCC Regular Meeting July 16, 2013 Convened: 9:00 AM Adiourned: 10:20 AM I. CALL TO ORDER The meeting was called to order at 9:00 AM by District No. 2, Chair Tod Mowery Attendee Name Title Status Arrived Tod Mowery District No. 2, Chair Present Frannie District No. 4, Vice -Chair Present Hutchinson Chris Dzadovsky District No. 1 Present Paula A. Lewis District No. 3 Present Kim Johnson District No. 5 Present Faye Outlaw County Administrator Present Bob Bentkofsky Assistant County Administrator Present Heather Young Asst. County Attorney Katherine Asst. County Attorney _Present Present Barbieri County Attorney Present Daniel S. McIntyre Don West Public Works Director Present Laurie Waldie Utilities Services Division Director Present Beth Ryder Community Services Director Present Marie Gouin OMB Director Present James R. David Mosquito Control and Coastal Mgt. Serv. Present Director Mark Satterlee Planning & Dev Director Director of Human Resources Present Tara Raymore Karen L. Smith Environmental Resources Department _Present Present Director _I Edward I Parks & Recreation Director Present Generated 711812013 10:54 AM Packet Pg. 8 4.1 BOCC Regular Meeting Tuesday, July 16, 2013 9:00 AM atthews PMlly Phelan Recording Secretary Present II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. MINUTES AND PROCLAMATIONS APPROVAL RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson 1. Board of County Commissioners minutes for the meeting of Tuesday, July 02, 2013 2. Adoption of a resolution designating the month of July, 2013 as "Marine Debris Removal Month" in St. Lucie County, Florida. Captain Don Voss was present to accept the proclamation. He also talked about Marine Debris Removal and the upcoming Lionfish Safari and gave details on how to participate. V. PRESENTATIONS Board of County Commissioners NACO Award Recognition Justin Gattuso from the Solid Waste Department was present to accept a NACO award. He gave a presentation, "Fleetwatch- Eye on the Community" (filed with the Clerk). The program is a collaboration between Wastepro, the SLC Sherriff's office, the Port St. Lucie Police and the Fort Pierce Police and encompasses county, city and private workers who receive training by local law enforcement to spot and report suspicious or criminal activity while conducting their daily work activities. Ken Gioli, Natural Resource Extension Agent, was present to accept a NACO award. He talked about the Sea Turtle Friendly Beaches Campaign including the types of species that nest here and their protection status as well as explaining how lighting can be harmful to the turtles. In addition, he talked about their education efforts and personally thanked the following individuals for their efforts: • Karen Smith • Anita Neal • Susan Munyon 2 1 Pa g e Packet Pg. 9 4.1 BOCC Regular Meeting Tuesday, July 16, 2013 9:00 AM • Tracy Bryant • Monica Barrios • Daniel Williams • Jim David • Charlotte Birerly • Erik Gill • Mike Claus • Jill Moore • Marsha Cobb • Cindy Christy • Tiffany Brady • Bill Benton • Diane & Ben Goldberg • Jan Widmeyer • Leslie Vincent -Ryder VI. GENERAL PUBLIC COMMENT The following residents addressed the Board in opposition to the Seven50 plan: • John Moler,5217 NW Iredell St., Port St. Lucie, FL • Peter Bullock, 3120 N AlA, Fort Pierce, FL • Stephanie Austin, 6250 Arrowhead Ln, Vero Beach, FL • Phillis Frye, 275 Date Palm Road, Vero Beach, FL • Mary Burton, 5209 Silver Oak Dr., Fort Pierce, FL • Linda Otterson, 1450 SW Cellini Ave, Port St Lucie, FL • Matthew Rensen, 2833 SE Peru St., Port St. Lucie, FL • Leigh Lamson, 2412 SE Bordeaux Ct., Port St. Lucie, FL • Lamar Noterjacamo, 1725 81" Ave, SW, Vero Beach, FL Craig Mundt, North Hutchinson Island, Florida, addressed the Board regarding the water treatment plant. He thanked the Utilities Director and SLC Utilities Authority on behalf of the residents of North Hutchinson Island and discussed the positive changes to the proposed plan that were achieved with the collaborative efforts of those groups and the citizens. VII. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson A. WARRANTS 1. Warrant List No. 39 2. Warrant List No. 40 3 1 Pa g e Packet Pg. 10 4.1 BOCC Regular Meeting Tuesday, July 16, 2013 9:00 AM B. COUNTY ATTORNEY 1. Consent to Special Assessment - Collection and Disposal of Residential Solid Waste and Recyclable Materials: John C. and Patricia A. Stanton 2. Preliminary Assessment Resolution 3. Adoption of a resolution urging the Administration and Congress of the United States to preserve the current tax-exempt status of municipal bonds and reject any proposal that would reduce or eliminate the federal tax exemption on interest earned from tax- exempt municipal bonds. 4. Collective Bargaining Agreement - First Amendment to October 1, 2012 Agreement with Teamsters Local Union No. 769 5. RES-2013-026 Florida Development Finance Corporation / Approving Issuance of Revenue Bonds by Florida Development Finance Corporation for Renaissance Charter School, Inc. 6. Contract for Sale and Purchase - Jenkins Road Improvements - Malka Lina - 3550 South Jenkins Road - Pond site and Road right-of-way Parcel 2430-322-0004-000/4 (portion) 7. Permission to Advertise a Public Hearing to declare real property surplus property 8. Request for an Order pursuant to Article II, Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws, to demolish the Unsafe Structure at 4911 Deanna Lane, Fort Pierce. C. ADMINISTRATION There are no items scheduled. D. COMMUNITY SERVICES 1. State Housing Initiative Partnership (SHIP) Down Payment/Closing Cost Assistance Mortgage Satisfaction 2. Florida Housing Finance Corporation Foreclosure Counseling Program 3. Resolution - Delegation of Authority to Act as Certifying Officer for Environmental Review Records. E. COURT ADMINISTRATION There are no items scheduled. 4 1 Page Packet Pg. 11 4.1 BOCC Regular Meeting Tuesday, July 16, 2013 9:00 AM F. ENVIRONMENTAL RESOURCES There are no items scheduled. G. HUMAN RESOURCES 1. Corizon Inmate Health Care Invoice No. CZN000013000 H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. I. OFFICE OF MANAGEMENT & BUDGET 1. This Item was moved to the Regular Agenda. Commissioner Mowery requested that this item be pulled for discussion. It was moved to the Regular Agenda, see Item IX-B. J. PARKS, RECREATION, & FACILITIES 1. Request to advertise proposal for Fairwinds Golf Course Bunker Replacement (FEMA Project) 2. Waiver of Fenn Center Facility Rental Fees for the 6th Annual Back to School Expo 3. Request for County funding of FEMA project; Fairwinds Golf Course Bunker Replacement K. PLANNING AND DEVELOPMENT SERVICES 1. FDOT - 2010 Federal Functional Classification Map 2. Permission to Advertise - Text Amendment to the Land Development Code Amending Chapter 9 Pertaining to Authorized and Prohibited Signs L. PUBLIC SAFETY & COMMUNICATIONS There are no items scheduled. M. PUBLIC WORKS 1. Repair to tipping floor at Baling Facility. 2. Angle Road 900' West of Kings Highway Emergency Culvert Replacement N. SHERIFF'S OFFICE There are no items scheduled. 5 1 Pa g e Packet Pg. 12 4.1 BOCC Regular Meeting Tuesday, July 16, 2013 9:00 AM O. SUPERVISOR OF ELECTIONS There are no items scheduled. P. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. VIII. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Ordinance amending Chapter 2-5, "Building and Building Regulations" of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida by amending Section 2-5-9 "Procedure for Obtaining Certificate of Competency; amending Section 2-5- 12 "Same -Expiration", and adding Section 2-5-12(5); and Section 2-5-15 "Reciprocity"; providing for filing with the Department of State; providing an effective date; providing for adoption; and providing for codification. The Assistant County Attorney provided background on this item and reviewed the details of the proposed changes regarding the Certificate of Competency for Contractors. This item was approved by the Contractors Licensing Board and the three recommended changes were: • One of the three letters of recommendation may now be by a blood relative but all three letters must be notarized • If a contractor's license is not renewed within 5 years, the applicant must re -take the exam for their area of specialty • Reciprocity (accepting someone who has been approved by another municipality)- those contractors will have the same condition to re -take the examination if their license is not renewed within 5 years Staff recommended approval. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Frannie Hutchinson, District No. 4, Vice -Chair AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson 2. Code Enforcement Cases - Unsightly and Unsanitary Conditions causing serious threat to public safety. The Assistant County Attorney provided background on this item requesting authorization to abate unsanitary and unsightly conditions for the violations at the properties located at 3407 Ave O, Fort Pierce, FL and 2110 Jacobs Rd, Fort Pierce, FL for overgrowth of grass and weeds as well as boarding up the 6 1 Page Packet Pg. 13 4.1 BOCC Regular Meeting Tuesday, July 16, 2013 9:00 AM properties. Notice was provided and staff recommended approval. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson B. COMMUNITY SERVICES Resolution - County Owned Property Suitable for Affordable Housing Staff provided an inventory of the five properties owned by St. Lucie County suitable for affordable housing which is required to be updated every three years. Commissioner Dzadovsky asked if there was a way to set aside homes for veterans who have returned from service. Staff responded the grants that are funding those homes won't allow for that; however, they work very closely with Wayne Teegardin in Veterans Services to accommodate those who need help. Commissioner Dzadovsky appreciates that as no veteran should be homeless. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson IX. REGULAR AGENDA A. COUNTY ATTORNEY Midway Road Improvements - Four-Lanning of Midway Road from South 25th Street West to Selvitz Road - Mr. & Mrs. Raymond Harless - Parcel ID 3403-502-0174-000/7 The County Attorney provided background on this item and explained that this property needs to be acquired for the Midway Road widening. He discussed the details of the property and explained that the county submitted an offer to purchase. The county received a counteroffer and he explained the details of the counter including the proposed contingencies. From a staff perspective, the conditions are acceptable. He went over the best and worst case scenarios and the potential outcomes if they go to trial. He feels it's best to settle but asked the Board 7 1 Page IPacket Pg. 14 4.1 BOCC Regular Meeting Tuesday, July 16, 2013 9:00 AM to consider rejecting the settlement offer and countering with an offer not to exceed $213,500. Commissioner Dzadovsky agrees that they should give staff the opportunity to go back and negotiate something that is best for both the county and the homeowner. Commissioner Mowery concurred. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Frannie Hutchinson, District No. 4, Vice -Chair AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson B. OFFICE OF MANAGEMENT AND BUDGET Approval of proposed millage rates and dates for public hearings Commissioner Mowery requested that Item VII-I be pulled from the Consent Agenda for discussion. Commissioner Mowery stated that he is against the proposed raise of the Mosquito Control District millage rate. Commissioner Dzadovsky commented that this is the proposed millage rate and it will not be heard until September. This millage rate is a placeholder so that the trim notices can go out for public comment. The millage rate will not be set officially until September. Commissioner Hutchinson supports this item because it can always go down and if there is an increase; she would like the Board to consider bringing it back down again next year. Commissioner Dzadovsky commented that they can raise or lower the rates and it is their duty to maintain the revenue funds. He also pointed out there will be public hearings after the trim notices go out so the public can review what the effects may be to their tax bills. RESULT: ADOPTED [4 TO 11 MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES: Frannie Hutchinson, Chris Dzadovsky, Paula A. Lewis, Kim Johnson NAYS: Tod Mowery X. ANNOUNCEMENTS 8 1 Page IPacket Pg. 15 4.1 BOCC Regular Meeting Tuesday, July 16, 2013 9:00 AM Commissioner Dzadovsky thanked everyone from the Exchange Club for their participation in the Chili Cook -off. Commissioner Mowery thanked Commissioner Dzadovsky for his efforts. 1. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, August 13, 2013 at 9:00 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 2. The Board of County Commissioners will hold a Joint meeting with the City of Fort Pierce on Thursday, August 29, 2013 at 2:00 p.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL 34982. XI. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 9 1 Page IPacket Pg. 16 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney 4.2 ITEM NO. RES-2013- 131 DATE: 08/06/2013 *PROCLAMATIONS/PRESEN TATI O N S SUBJECT: PROCLAMATION - Adoption of a resolution designating the week of August 4-10, 2013 as "International Assistance Dog Week" in St. Lucie County, Florida. BACKGROUND: It has been requested that this Board proclaim the week of August 4-10, 2013 as "International Assistance Dog Week" in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: COMMISSION ACTION: Coordination/Signatures ani S. McIntyre, ou ty Attorney 7/24/2013 aye W. Outlaw, County Administrator 7/26/2013 Packet Pg. 17 4.2.a A RESOLUTION PROCLAIMING THE WEEK OF AUGUST 4-10, 2013 AS ""INTERNATIONAL ASSISTANCE DOG WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Assistance dogs transform the lives of their human partners with physical and mental disabilities. They serve as devoted companions, helpers, aides, best friends and close family members. Assistance dogs include service dogs, guide dogs, hearing alert dogs and alert/seizure response dogs. 2. Guide dogs assist people with vision loss, leading these individuals around physical obstacles and to destinations such as seating, crossing streets, entering or exiting doorways, elevators and stairways, etc. 3. Service dogs assist people with disabilities with walking, balance, dressing, o transferring from place to place, retrieving and carrying items, opening doors and drawers, pushing buttons, pulling wheelchairs and aiding with household chores such as putting in and removing clothes from the washer and dryer. N 4. Hearing alert dogs alert people with a hearing loss to the presence of specific N sounds such as doorbells, telephones, crying babies, sirens, another person, buzzing a timers or sensors, knocks at the door as well as smoke, fire and clock alarms. _ 5. Seizure alert/seizure response dogs alert or respond to medical conditions, such ° as heart attack stroke diabetes epilepsy, Panic attack, anxiety attack, Post -traumatic stress and seizures. 6. Medical alert/medical response dogs alert or respond to oncoming medical 7 conditions, such as heart attack, stroke, diabetes, epilepsy, panic attack, anxiety LU attack, post traumatic stress disorder. 7. International Assistance Dog Week, August 4-10, 2013, provides an opportunity M for us to raise awareness of the selfless way all types of assistance dogs assist A individuals with mitigating their disability -related limitations. N 8. St. Lucie County is joining forces with assistance dog partners, organizations, N and concerned citizens throughout St. Lucie County and America to raise awareness of assistance dogs and observe International Assistance Dog Week Y NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the week of August 4-10, 2013 as ° "INTERNATIONAL ASSISTANCE DOG WEEK" in St. Lucie County, Florida and 0 reaffirms St. Lucie County's commitment to respect, celebrate and recognize assistance dogs and their partners this week and throughout the year in our community. PASSED AND DULY ADOPTED this 6th day of August, 2013. w w a ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 18 7.A.1 07/12/13 FZABWARR FUND TITLE 001 001450 001451 001512 001519 001534 001538 001539 001544 001545 001547 001548 001549 001823 101 101001 101002 101003 101004 101006 102 102001 104003 105 107 107001 107002 107003 107006 129 130102 130104 130107 130113 130114 130210 140 140001 140370 150 160 183 183004 183006 185012 189102 189103 189105 ST. LUCIE COUNTY - BOARD WARRANT LIST #41- 06-JUL-2013 TO 12-JUL-2013 FUND SUMMARY General Fund FCTD Planning Grant FDEM Emergency Preparedness FY 13 Neighborhood Stabilization Program CDBG FY 2008 Disaster Recovery Metropolitan Planning/Section 5303 HUD Neighborhood Stab 3 Safe Routes to School Program CDBG Disaster Recov Enhanc Prog HUD Shelter Plus Care Grant 112 MPO FHWA Planning Grant Emergency Mgt Preparedness 2013 Community Services Block Grant 2013 INTACT Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Hurricane Frances Donations Library Special Grants Fund 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 Parks MSTU Fund FTA 5307-ARRA 2009 Capital Projects FTA 5317 New Freedom Enhanced Servi FTA 5311 Block Grant FTA 5307 FY2011 FTA 5307 FY 2013 FDOT Block Grant Airport Fund Port Fund Taylor Cree.k Dredging -Phase 2 Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP 2010-2011 Home Consortium 2009 Home Consortium FY 2010 HUD Housing Counseling Grant EXPENSES PAGE I PAYROLL 373,465.04 1,915.20 300.00 0.00 1,592.71 0.00 150.73 0.00 7.44 0.00 312.50 0.00 888.76 0.00 2,141.25 0.00 980.54 0.00 479.00 0.00 3,787.99 0.00 24.49 0.00 13,033.31 0.00 473.57 0.00 1,549.41 2,248.46 2,518.75 0.00 30,599.21 0.00 15,406.45 0.00 6,875,41 0.00 62,609.96 0.00 5,243.82 0.00 39,194.45 0.00 60.00 0.00 5,358.08 0.00 81,128.32 0.00 2,016.73 0.00 1.37 0.00 2,701.34 0.00 6,401.32 0.00 492.00 0.00 8,285.93 0.00 12,283.01 0.00 15,971.92 0.00 22,455.53 0.00 2,697.22 0.00 252,348.03 0.00 3,207.69 0.00 2,939.54 0.00 6,146.50 0.00 2.82 0.00 7,131.18 0.00 11,526.69 0.00 1,379.60 0.00 1,183.68 0.00 1.20 0.00 9.91 0.00 11,757.79 0.00 0.23 0.00 N H Z 105 Packet Pg. 19 7.A.1 07/12/13 FZABWARR FUND TITLE 189106 189203 190 215 216 310001 316 318 401 418 451 458 471 478 479 491 505 505001 505002 611 625 ST. LUCIE COUNTY - BOARD WARRANT LIST #41- 06-JUL-2013 TO 12-JUL-2013 FUND SUMMARY FY 2011 Home Consortium Hardest Hit fund Advisor Services Sports Complex Fund Sales Tax Revenue Bonds I&S Fund County Capital I&S Impact Fees -Library County Capital County Capital -Transportation Bond Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Health Insurance Administration Tourist Development Trust-Adv Fund Law Library GRAND TOTAL: EXPENSES PAGE 2 PAYROLL 21,734.70 0.00 1.17 0.00 18,825.87 0.00 182,665.03 0.00 1,202.00 0.00 29,102.04 0.00 2,211.13 0.00 3,590.00 0.00 45,900.28 0.00 4,656.91 0.00 12,436.33 0.00 4.86 0.00 336,521.33 0.00 8.84 0.00 4.46 0.00 1,493.81 0.00 226,331.51 796.80 646.65 0.00 6,359.92 0.00 1,952.07 0.00 5,650.00 0.00 1,920,421.33 4,960.46 106 Packet Pg. 20 07/19/13 FZABWARR FUND TITLE 001 001009 001450 001512 001519 001534 001538 001539 001544 001545 001546 001547 001549 001550 101 101001 101002 101003 101004 101006 102 102001 107 107001 107002 107003 107005 107006 115 118 121 129 130102 130109 130110 130113 140 140370 150 160 183 183004 185012 187 189105 189106 189203 190 ST. LUCIE COUNTY - BOARD WARRANT LIST #42- 13-JUL-2013 TO 19-JUL-2013 FUND SUMMARY General Fund Gen -One Time Funding FCTD Planning Grant Neighborhood Stabilization Program CDBG FY 2008 Disaster Recovery Metropolitan Planning/Section 5303 HUD Neighborhood Stab 3 Safe Routes to School Program CDBG Disaster Recov Enhanc Prag HUD Shelter Plus Care Grant HUD Shelter Plus Care Grant 112 MPO FHWA Planning Grant Community Services Block Grant 2013 HUD Shelter Plus Care Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU 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 Sheraton Plaza Fund Paradise Park Fund Blakely Subdivision Fund Parks MSTU Fund FTA 5307-ARRA 2009 Capital Projects FTA 5307 Capital and Operating FTA 5317 Enhanced Svcs for the Disa FTA 5307 FY2011 Airport Fund Taylor Creek Dredging -Phase 2 Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator- 19th Judicial Cir Ct Admin.- Teen Court FHFA SHIP 2010-2011 Boating Improvement Projects HUD Housing Counseling Grant FY 2011 Home Consortium Hardest Hit fund Advisor Services Sports Complex Fund EXPENSES 187,562.56 168,401.50 28.04 369.26 110.63 2,918.77 204.14 40.49 11,500.15 150.00 80.06 1,434.56 75.28 7.70 13,726.96 84.54 468,506.54 11,216.70 4, 920.83 200.00 6,909.85 25,686.97 132,965.79 14,429.26 73.49 2,466.30 9,157.25 6,598.56 635.22 879.80 89.02 21,099.00 1,607.04 1,129.95 47.43 151.79 12,532.88 16,095.00 16.48 14,768.25 3,613.49 1,662.32 16.21 962.50 5.05 107.74 12.05 31,979.13 PAGE 1 PAYROLL 492,174.29 0.00 285.80 922.19 1,497.10 1,296.10 2,401.46 529.94 1,966.15 0.00 1,082.77 7;086.73 1,034.85 103.74 36,312.42 1,237.61 42,005.81 12,440.64 16,214.99 0.00 59,085.11 14,672.54 164,842.71 970.78 970.79 0.00 0.00 9,038.13 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,085.83 11,291.18 0.00 228.48 3,110.46 3,242.00 3,183.42 216.56 0.00 70.36 1,468.26 166.37 20,340.89 Packet Pg. 21 7.A.2 07/19/13 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #42- 13-JUL-2013 TO 19-JUL-2013 FUND SUMMARY FUND TITLE 215 Sales Tax Revenue Bonds I&S Fund 310002 Impact Fees -Parks 316001 5th Cent Fuel -Capital 401 Sanitary Landfill Fund 418 Golf Course Fund 451 S. Hutchinson Utilities Fund 458 SH Util-Renewal & Replacement Fund 471 No County Utility District-Operatin 478 No Cty Util Dist -Renewal & Replace 479 No Cty Util Dist -Capital Facilities 491 Building Code Fund 505 Health Insurance Fund 505001 Property/Casualty Insurance Fund 505002 Health Insurance Administration 611 Tourist Development Trust-Adv Fund 615 Impact Fees Fund 801 Bank Fund GRAND TOTAL: EXPENSES 33,000.00 2,430.00 69,629.04 1,663,216.43 32,054.77 343.40 48.71 6,062.21 87.79 75.57 2,029.05 70,590.07 22,504.54 191.32 10,922.68 12,562.56 243,743.35 3,346,728.02 PAGE 2 IChVd12063aI 0.00 0.00 0.00 43,798.61 15,029.62 4,524.17 673.00 7, 110.36 1,215.76 1,027.95 19,974.23 0.00 2,275.53 2,630.12 1,800.76 0.00 0.00 1,013,636.57 Packet Pg. 22 TO: PRESENTED BY: SUBMITTED BY: SUBJECT: AGENDA REQUEST Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney 7.B.1 ITEM NO. RES-2013- 138 DATE: 08/06/2013 *CONSENT AGENDA\COUNTY ATTORNEY PROCLAMATION - Proclaiming September 19, 2013 as "It Can Wait National Day of Action" in St. Lucie County. BACKGROUND: Cathy McKenzie, Regional Director -Legislative & External Affairs with AT&T Florida has requested that this Board proclaim the September 19, 2013 as "It Can Wait National Day of Action" encouraging drivers to never text while driving in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: COMMISSION ACTION: Coordination/Signatures 4 ani S. McIntyre&`"ou,rity Attorney 7/31/2013 aye W. Outlaw, County Administrator 8/1/2013 Packet Pg. 23 7.B.1.a A RESOLUTION PROCLAIMING SEPTEMBER 19, 2013 AS "'IT CAN WAIT NATIONAL DAY OF ACTION" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. St. Lucie County Board of County Commissioners holds the health and safety of its teenagers and adults as a chief concern. 2. Through ItCanWait.com, Facebook, text -to -pledge, tweet -to -pledge and events, more than 1.3 million people have committed to never text and drive. 3. 98% of American commuters know sending a text or email while driving is not safe. 4. 49% of commuters text while behind the wheel. 5. 43% of commuters who text while driving reported the activity as being a habit. 6. A Virginia Tech study showed those who send text messages while driving are 23 times more likely to crash. 7. A driver that sends a text message while driving not only jeopardizes his or her safety, but also the safety of passengers, pedestrians, and other drivers. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim September 19, 2013 as 'SIT CAN WAIT NATIONAL DAY OF ACTION" in St. Lucie County and calls upon all citizens of St. Lucie County to never text and drive. PASSED AND DULY ADOPTED this 6tn day of August, 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTION: COUNTY ATTORNEY Packet Pg. 24 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney 7.B.2 ITEM NO. RES-2013- 132 DATE: 08/06/2013 *CONSENT AGENDA\COUNTY ATTORNEY SUBJECT: A Resolution Amending Resolution No. 12-093 by deleting Precinct 90 (Beau Rivage) since the properties located within Precinct 90 are now located in Martin County, Florida BACKGROUND: On May 15, 2012, the Board adopted Resolution No. 12-093 which amended the legal boundaries and polling places of certain precincts. The Florida Legislature recently adopted legislation that transferred properties located in the Beau Rivage Subdivision to Martin County. As a result of this transfer, the Supervisor of Elections has recommended that the Board delete Precinct 90 (Beau Rivage) from Resolution No. 12-093. Attached to this memorandum is a copy of a draft resolution that, if adopted, would delete Precinct 90. PREVIOUS ACTION: May 15, 2012, Resolution No. 12-093 was adopted. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board adopt the draft Resolution and authorize the Chairman to sign the Resolution. COMMISSION ACTION: Coordination/Signatures 4niQ( S. McIntyre,t-r,ty Attorney 7/25/2013 rage W. Outlaw, County Administrator 7/26/2013 Packet Pg. 25 7.B.2.a RESOLUTION A RESOLUTION AMENDING RESOLUTION NO. 12-093 BY DELETING PRECINCT 90 (BEAU RIVAGE) SINCE THE PROPERTIES LOCATED WITHIN PRECINCT 90 ARE NOW LOCATED IN MARTIN COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 101.001, Florida Statutes, authorizes the Board of County Commissioners, upon recommendation and approval of the St. Lucie County Supervisor of Elections, to alter or create voting precincts in the County. 2. On May 15, 2012, the Board adopted Resolution No. 12-093 based on the recommendation of the Supervisor of elections. 3. The Supervisor of Elections has recommended that the Board amend Resolution No. 12-093 to delete Precinct 90 (Beau Rivage) since the properties located within Precinct 90 are now located in Martin County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1. Election Precinct No. 90 as originally hereby created in Resolution No. 12- 093 to include the properties described in Section 1 of Chapter 2012-45, Laws of Florida known as Beau Rivage is hereby deleted from Resolution No. 12-093 because those properties are now located in Martin County, Florida. US Census Blocks for Precinct 90. STL 90 121113819005018 STL 90 121113819005019 STL 90 121113819005020 STL 90 121113819005021 STL 90 121113819005022 STL 90 121113819005023 STL 90 121113819005024 STL 90 121113819005024 STL 1 90 121113819005025 -1- Packet Pg. 26 7.B.2.a STL 90 121113819005026 STL 90 121113819005027 STL 90 121113819005028 STL 90 12111819005029 STL 90 12111819005030 STL 90 12111819005031 Section 2. Except as amended herein, the remaining terms and conditions shall remain in full force and effect. Section 3. This resolution shall take effect upon adoption. After motion and second, the vote on this Resolution was as follows: Chairman Tod Mowery XXX Vice Chair Frannie Hutchinson XXX Commissioner Chris Dzadovsky XXX Commissioner Paula A. Lewis XXX Commissioner Kim Johnson XXX PASSED AND DULY ADOPTED this ATTEST: day of 2013. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: -2- County Attorney Packet Pg. 27 ITEM NO. (ID # 1439) J DATE: 08/06/2013 COUNTY ` R I ID A AGENDA REQUEST *CONSENT AGENDA\COUNTY ATTORNEY TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisitions Manager SUBMITTED BY: Property Acquisition Division SUBJECT: Brocksmith Road Maintenance Project - Phase 3 - Contract for Sale and Purchase of Perpetual Right -of -Way Easement - GH Modern AG International LLC - Portion of Parcel ID 2317-431- 0000-000-3 - Wothers - Portion of Parcel ID 2317-422-0010-000- 8 BACKGROUND: Brocksmith Road is a 3.3 mile long rural road in western St. Lucie County that extends from Okeechobee Road to Orange Avenue. Public Works staff has completed Phase 1 of the maintenance improvement project by installing an asphalt chip seal surface treatment and guardrails on the southern 1.8 miles. On October 2, 2012, the Board of County Commissioners approved seven Contracts for Sale and Purchase of a 15' Perpetual Right -of -Way Easement for Phase 2. On June 4, 2013, the Board of County Commissioners approved four Contracts for Sale and Purchase of Perpetual Right -of -Way Easements in Phase 3. On June 18, 2013, the Board of County Commissioners approved two Contracts for Sale and Purchase of Perpetual Right -of -Way Easements in Phase 3. Phase 3 will also require the acquisition of a 15' Perpetual Right -of -Way Easement for right- of-way, drainage and utility purposes to install an asphalt chip seal surface treatment, installation of guardrails and relocation of existing power poles. The present right-of-way is insufficient to accomplish these tasks. Attached are two Contracts for Sale and Purchase of a 15' Perpetual Right -of -Way Easement based upon an independent appraisal prepared for the County by Fuller-Armfield-Wagner for your review and approval. The proposed contract prices are the same values established by Fuller-Armfield-Wagner. The approval of the Contracts will complete the acquisition of property necessary to complete the maintenance project. PREVIOUS ACTION: Packet Pg. 28 March 6, 2012 - Board of County Commissioners approved Resolution No. 12-035 recommending the improvement project. May 15, 2012 - Board of County Commissioners approved a proposal from Southeast Guardrail and Attenuators, Inc. For the necessary guardrail construction in Phase 1 and Phase 2. October 2, 2012 - Board of County Commissioners approved seven Contracts for Sale and Purchase of Perpetual Right -of -Way Easements for the north end of the project. June 4, 2013 - Board of County Commissioners approved four Contracts for Sale and Purchase of Perpetual Right -of -Way Easements in Phase 3. June 18, 2013 - Board of County Commissioners approved two Contracts for Sale and Purchase of Perpetual Right -of -Way Easement in Phase 3. FINANCIAL IMPACT: Funds will be made available in Transportation Trust Gas Tax Reserve Account No. 101003- 9910-599300-800. RECOMMENDATION: Staff recommends that the Board approve the Contracts for Sale and Purchase, authorize the Chairman to execute the Contracts and direct staff to close the transactions and record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: Coordination/Signatures ti 5—anigi S. McIntyre, ou ty Attorney 7/25/2013 Updated: 7/25/2013 3:15 PM by JoAnn Riley Page 2 Packet Pg. 29 7.B.4.a PROJECT NAME: Brocksmith Road PARCEL NAME: GH Modern AG International LLC - Portion of Parcel ID 2317-431-0000-000-3 CONTRACT FOR SALE AND PURCHASE PERPETUAL RIGHT-OF-WAY EASEMENT THIS AGREEMENT made this day of 2013, between GH MODERN AG INTERNATIONAL LLC, A FLORIDA LIMITED LIABILITY COMPANY, whose address is 5301 Deer Run Drive, Fort Pierce, Florida 34951, hereinafter referred to as SELLER and, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida, whose address is 2300Virginia Avenue, Fort Pierce, Florida 34982, hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, Seller agrees to sell and Purchaser agrees to purchase an Exclusive Perpetual 15' Right -of -Way Easement for right-of-way, drainage and utility purposes located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price is Six Thousand One Hundred and 00/100 ($6,100.00), determined to be the total of the following: 15-foot exclusive perpetual Right -of -Way Easement $3,000.00 Improvements $2,720.00 Cost to Cure 360.00 Total Value of Acquisition $6,080.00 [ ROUNDED ] $6,100.00 payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and proration as of the date of closing. EXPENSES. Purchaser shall pay for recording fees on the Exclusive Perpetual Right -of -Way Easement conveying the Exclusive Perpetual Right -of -Way Easement to Purchaser. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by Purchaser. 3. TITLE. Purchaser shall obtain, at the Purchaser's expense, a commitment for title insurance from a title company of Purchaser's choice, certified to a date not earlier than the date hereof, showing good and marketable title thereto to be vested in the Seller, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by Seller at or before closing. Should Purchaser find on examination of said title commitment that Seller's title is not good and marketable, Purchaser shall notify Seller or his attorney in writing specifying the defects and Seller agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days Packet Pg. 30 7.B.4.a from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to Purchaser and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at Purchaser's option and Purchaser's request, Seller shall deliver the title in its existing condition upon compliance by Purchaser with the terms of the contract, and in such event Seller shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. Seller agrees to convey a 15-foot Exclusive Perpetual Right -of -Way Easement to Purchaser to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. CLOSING. The closing shall be on or before August 16, 2013 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by Purchaser and Purchaser shall notify Seller in writing of same at least seven (7) days prior to closing. 7. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 8. DEFAULT. If Seller fails to perform hereunder without fault of the Purchaser, all monies paid hereunder shall be returned to the Purchaser upon demand but Purchasershall nottherebywaive any right or remedy he may have because of such default of Seller. If Purchaser fails to perform hereunder without fault of Seller, all monies paid hereunder may be retained by Seller as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 9. DEED RESTRICTIONS. Seller warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 10, ASSIGNMENT. This contract is freely assignable by the Purchaser, but no such assignment is binding upon Seller until an executed copy thereof is delivered to the Seller. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. Packet Pg. 31 7.B.4.a 11. DISBURSEMENT OF PROCEEDS. The Purchaser has elected to have the closing processed through the office of the Title Company issuing Title Insurance. The Title Company or Agent will accomplish disbursement so as to bring the transaction under Section 627.7841, Florida Statutes, to assure coverage of the period from the commitment to Exclusive Perpetual Right -of -Way Easement, recording, provided delivery of the Exclusive Perpetual Right - of -Way Easement and payment of the purchase price occur in the same day at the same time. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLER this 15+-1, day of D 2013. ess j j Print Name STATE OF FLORIDA COUNTY OF -S4, Luci e- GM MODERN AG INTERNATIONAL LLC, A FLORIDA LIMITED LIABILITY COMPANY By: It's: j CORPORATE SEAL ) The foregoing instrument was acknowledged before me this day of J 2013, by as a of GM MOOS N AG INTERNATIONAL LLC, who is personally known to me or who has produced a Drivers License issued within the last five years as identification. Notary Public JOANN MARIE R1LEY Commission # EE 846774 Print Name: Expires December 4, 2016 Banded Thm TMY Fain fnsurarc W-3M-7018 MyCommission Expires: Packet Pg. 32 7.B.4.a ATTEST: EXECUTED by PURCHASER this day of 2013. DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA By: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY Packet Pg. 33 7.B.4.a EXHIBIT "A" LEGAL DESCRIPTION LEGAL DESCRIPTION: RIGHT-OF-WAY EASEMENT AN EASEMENT FOR ROAD RIGHT OF WAY, DRAINAGE AND UTILITY PURPOSES OVER, UNDER AND ACROSS A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 15 FEET OF THE FOLLOWING DESCRIBED PARCEL OF LAND AS RECORDED IN OFFICIAL RECORD BOOK 3360 AT PAGE 984 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. "Commence at the Southwest corner of the Southeast 1/4ofSection 17,Township 35 South, Range 39 East, St. Lucie County, Florida, run N 89 degrees 53' 50" E, along the South line of said Section 17, a distance of 49.00 feet to the East right-of-way line of Brocksmith Road and the Point of Beginning; thence run N 00 degrees 21' 37" W, along the said East right-of-way line, a distance of 1297.72 feet; thence run N 89 degrees 38' 23" E, a distance of 2568,76 feet, to the West right-of-way line of North St. Lucie River Water Control District Canal No. 52; thence run S 00 degrees 11' 54" E, along the said West right-of-way line a distance of 1309.25 feet, to the South line of said Section 17; thence run S 89 degrees ST 50" W, along the said South line a distance of 2565.08 feet, to the East right-of-way of Brocksmith Road and the Point of Beginning. All lying and being in Section 17, Township 35 South, Range 39 East, St. Lucie County, Florida." SAID EASEMENT CONTAINING 19,466 SQUARE FEET MORE OR LESS. Prepared By: Ron Harris, PLS County Surveyor January 8, 2013 Brocksmith Road GH Modern AG International Parcel ID 2317-431-0000-000-3 Packet Pg. 34 7.B.4.a EXHIBIT "B" VALUATION OF ACQUISITION 15-foot exclusive perpetual Right-af-Way Easement Parent Parcel value per acre $7,000.00, apply 95% to the average per acre value = $6,650.00 per acre $6,650.00 x 0.446 = $2,965.90 ROUNDED = $3,000.00 Improvements Landscaping - North of driveway Landscaping - South of driveway Fence - North of driveway Tota I Cost to Cure Total Value of Acquisition $ 450.00 $1,200.00 1 070.00 $2,720.00 (ROUNDED] $3,000.00 $2,720.00 $ 360.00 $6,080.00 $6,100.00 Packet Pg. 35 7.B.4.b PROJECT NAME: Brocksmith Road PARCEL NAME: Wothers - Portion of Parcel ID 2317-422-0010-000-8 CONTRACT FOR SALE AND PURCHASE PERPETUAL RIGHT-OF-WAY EASEMENT THIS AGREEMENT made this day of 2013, between STEVE WOTHERS and EILEEN WOTHERS, husband and wife, whose address is 1820 South Brocksmith Road, Fort Pierce, Florida 34945, hereinafter referred to as SELLER and, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter referred to as PURCHASER, uponthe terms and conditions setforth herein, Seller agrees tosell and Purchaser agrees to purchasean Exclusive Perpetual 15' Right -of -Way Easement for right-of-way, drainage and utility purposes located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price is Seven Thousand Eight Hundred and 00/100 ($7,800.00), determined to be the total of the following: 15-foot exclusive perpetual Right -of -Way Easement $1,250.00 Improvements $5,890.00 Cost to Cure 650.00 Total Value of Acquisition $7,790.00 [ ROUNDED) $7,800.00 County will provide 12" x 20' HDPE culvert pipe and remove the large pine tree North r of the driveway. a� payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and proration o as of the date of closing. c 2. EXPENSES. E t Purchaser shall pay for recording fees on the Exclusive Perpetual Right -of -Way Easement conveying the Exclusive Perpetual Right -of -Way Easement to Purchaser. Processing fees, if any, for obtaining a release, Q partial release or subordination agreement upon any existing mortgage shall be borne by Purchaser. TITLE. Purchaser shall obtain, at the Purchaser's expense, a commitment for title insurance from a title company of Purchaser's choice, certified to a date not earlier than the date hereof, showing good and marketable title thereto to be vested in the Seller, free and clear of all liens and encumbrances except those herein Packet Pg. 36 7.B.4.b expressly set forth and those which shall bed ischarged by Seller at or before closing. Should Purchaser find on examination of said title commitment that Seller's title is not good and marketable, Purchaser shall notify Seller or his attorney in writing specifying the defects and Seller agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. if title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to Purchaser and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at Purchaser's option and Purchaser's request, Seller shall deliver the title in its existing condition upon compliance by Purchaser with the terms of the contract, and in such event Seller shall be released and relieved from any duty and obligations to make such title good and marketable. CONVEYANCE. Seller agrees to convey a 15-foot Exclusive Perpetual Right -of -Way Easement to Purchaser to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. CLOSING. The closing shall be on or before September 20 2013 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid. 6. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by Purchaser and Purchaser shall notify Seller in writing of same at least seven (7) days prior to closing. 7. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This contract embodies the M entire agreement of the parties and may not be altered or modified except by an instrument in writing r signed by the party against whom the enforcement of any alterations or modifications is sought. a� 8. DEFAULT. r 0 If Seller fails to perform hereunder without fault of the Purchaser, all monies paid hereunder shall be returned to the Purchaser upon demand but Purchaser shall not thereby waive any right or remedy he may °' E have because of such default of Seller. If Purchaser fails to perform hereunder without fault of Seller, all monies paid hereunder may be retained by Seller as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. Q 9. DEED RESTRICTIONS. Seller warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. Packet Pg. 37 7.B.4.b 10. ASSIGNMENT. This contract is freely assignable by the Purchaser, but no such assignment is binding upon Seller until an executed copy thereof is delivered to the Seller. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 11. DISBURSEMENT OF PROCEEDS. The Purchaser has elected to have the closing processed through the office of the Title Company issuing Title Insurance. The Title Company or Agent will accomplish disbursement so as to bring the transaction under Section 627.7841, Florida Statutes, to assure coverage of the period from the commitment to Exclusive Perpetual Right -of -Way Easement, recording, provided delivery of the Exclusive Perpetual Right - of -Way Easement and payment of the purchase price occur in the same day at the same time. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLERS this I Stk day of , 2013, Y k *igess STEVE WOTHERS €i �T Get "A U i Print Name i ness EILEEN WOTHERS J oA� rA e-` Print Name STATE OF FLORIDA COUNTY OF ST. LUCIE o The foregoing instrument was acknowledged before me this day of �v 5 c aD 2013, by STEVE WOTHERS and EILEEN WOTHERS who are personally known to me or who have produced t a Drivers License issued within the last five years as identification. Q Y' JOANN MARIE RILEY Notary Public .Commission # EE 846774 ro Expires December 4, 2016 29:= BWMTuriwr-W kwarmBn3a&7ois Print Name: MyCommission Expires: Packet Pg. 38 7.B.4.b ATTEST: EXECUTED by PURCHASER this day of 2013. DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS OF ST, LUCIE COUNTY, FLORIDA By: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY Packet Pg. 39 7.B.4.b EXHIBIT "A" LEGAL DESCRIPTION LEGAL DESCRIPTION: RIGHT OF WAY EASEMENT AN EASEMENT FOR ROAD RIGHT OF WAY, DRAINAGE AND UTILITY PURPOSES OVER, UNDER AND ACROSS A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 15 FEET OF THE FOLLOWING DESCRIBED PARCEL OF LAND AS RECORDED IN OFFICIAL RECORD BOOK 3449 AT PAGE 83 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. "From the Southwest corner of the Southeast 1/4 of Section 17, Township 35 South, Range 39 East, run North along the 1/4 section line 2420.0 feet; thence on a 90' angle run East 43.5 feet to the East right-of-way line for Brocksmith Road for the point of beginning; thence continue East 435.60 feet; thence on a 90* angle run North 200 feet; thence on a 90* angle run West 435.60 feet; thence on a 90* angle run South 200 feet to the Point of Beginning. All lying and being in St. Lucie County, Florida." SAID EASEMENT CONTAINING 3,000 SQUARE FEET MORE OR LESS. Prepared By: Ron Harris, PLS County Surveyor January 8, 2013 Brocksmith Road Steve and Eileen Wothers Parce( ID 2317-422-0010-000-8 Packet Pg. 40 7.B.4.b EXHIBIT "B" VALUATION OF ACQUISITION 15-foot exclusive perpetual Right -of -Way Easement Parent Parcel value per acre $19,000.00, apply 95%to the average per acre value = $18,050.00 per acre $18,050.00 x 0.06887 = $1,243.10 ROUNDED = $1,250.00 Improvements Cabbage Palms 2,500 */- square foot of sod Trees (inside proposed fence line) Fence - North of driveway Fence - South of driveway Total Cost to Cure Total Value of Acquisition $ 500.00 $ 500.00 $ 3, 200.00 $ 440.00 1 250.00 $5,890.00 [ROUNDED] $1,250.00 $ 5,890.00 $ 650.00 $7,790.00 $7,800.00 Packet Pg. 41 7.B.4.c a 0 z LU d a U Cn 0 0 A U m 0 L a c m E m O L Q. E d d .C� G O s .r E w 0 Co Packet Pg. 42 7.B.5 ITEM NO. (ID # 1471) TO: PRESENTED BY: SUBMITTED BY: DATE: 08/06/2013 AGENDA REQUEST Board of County Commissioners JoAnn Riley, Property Acquisitions Manager Property Acquisition Division *CONSENT AGENDA\COUNTY ATTORNEY SUBJECT: Request Permission to initiate a Petition for Abandonment and advertise a Public Hearing to abandon a portion of a 10-foot Utility Easement - Palm Grove Subdivision, Lot 2, Block E BACKGROUND: The Plat of Palm Grove Subdivision shows a 10-foot Utility Easement in the front of the properties on the Plat. The Utility Easement was dedicated for the use of all Utilities. The property owner of Lot 2, Block E built a house in 2001. Unfortunately, a small portion of the house was built over the Utility Easement. In order for the property owner to sell their house and give clear title a portion of the Utility Easement where the house is located needs to be abandoned. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board authorize staff to initiate a Petition for Abandonment to abandon a portion of the Utility Easement and advertise a Public Hearing to be held on September 17, 2013 at 9:00 a.m. or as soon thereafter as possible. COMMISSION ACTION: Packet Pg. 43 7.B.5 Coordination/Signatures ani S. Attorney 8/1/2013 aye W. 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(ID # 1440) AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Diana Wesloski, Housing Manager SUBMITTED BY: Housing Services Division SUBJECT: Invitation to Bid (ITB) No. 1-6 BACKGROUND: DATE: 08/06/2013 *CONSENT AGENDA\COMMUNITY SERVICES The Housing Division receives Federal and State grants that provide funding for low-income residents to assist with the rehabilitation or replacement of owner occupied homes. ITB Nos. 1-6 was issued to the ten contractors on the HOME pre -qualified contractors list. A mandatory pre -bid meeting was completed on July 1, 2013. Bids were due on July 15, 2013. Three responses were received. A. Thomas Construction was the low bidder on ITB's 1-6, however the CDBG Housing Assistance Plan (HAP) states that no contractor shall have more than two jobs under construction at one time without consent of the local government designated representative. In addition, A. Thomas has requested to receive only two projects that best reflect the capacity of his company. In the best interest of the program and homeowners, staff recommends that ITB's 1, 4, 5, and 6 be awarded to the next lowest responsive responsible bidders. The Federal Davis Bacon Act that establishes the requirement for paying the local prevailing wages on public works projects does not apply because housing residential rehabilitation property that contains seven or less units is exempt. All projects incorporate green, energy efficient products, including but not limited to, solar hot water heaters, 15 Seer or higher rated HVAC, double pane low E impact windows, and energy -rated appliances. The apprenticeship program parameters do not apply, as this project does not exceed $300,000. Local preference is not permitted with CDBG funds, although all three selected contractors are local. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Packet Pg. 52 Sufficient funding is available from the Community Development Block Grant Diaster Recovery Enhancement Fund (CDBG DREF) and HOME Investment Partnerships Program funds (189106-5420-583500-500, 189108-5420-583000-500, 001544-5420-549605-500) RECOMMENDATION: Board approval to award ITB No. 1 to One Construction, ITB Nos. 2 and 3 to A. Thomas Construction, and ITB Nos. 4, 5 and 6 to Gentile, LLC., funded under the Community Development Block Grant Disaster Recovery Enhancement Fund (CDBG DREF) and the HOME Investment Partnerships Program (HOME). COMMISSION ACTION: Coordination/Signatures yder, Community Servic re 7/26/2013 Uaniqk S. McIntyre, ou y Attorney 7/30/2013 Sob entkofs'Ky, AssistaTit County Admir,I,trato2013 Updated: 7/30/2013 2:22 PM by Bob Bentkofsky Page 2 Packet Pg. 53 7.D.a seuzogZ maxpuV: 7? `1�pnouis -uotlnaap!suoo .inoX joj nod xurq j -owil sigl Ir iWrdwoa ,Wijo �jpvdeo agl loaljaa pfnom sloofold oml asoq L -E# 91I puL, Z# 911 popume aq of lsanb;)i Xllnjlaadsaz pInom I `9- t S.I.I aoj aapp!q isamol oql sV `u.mouoD XvW ll wogM of mt,t i3 `aoaatd lao j IS W N Lit r,iunoD oion-I -IS uuoroogDApgptsuoajn L9ZS-S6S-ZZZ :00!if0 OV60C DPPOld ODJOld 4.10d S8ZE Xo8 'Od sowoyl nnaipuV 6S6tiSZtD9D ":)NI '1SNOD SVWOH1 'd ooz `sz Xinr Packet Pg. 54 7.D.b St. Lucie County Housing Rehabilitation ITB # 1-6 Bid Tab Bids Opened July 15, 2013 11:00am Contractor ITB #1 ITB #2 ITB #3 ITB #4 ITB #5 ITB #6 A. Thomas Const. $74,700.00 $76,700.00 $39,300.00 $32,840.00 $73,700.00 $44,800.00 Gentile, LLC $81,500.00 $78,500.00** $49,480.00 $44,680.00 $76,900.00 $47,938.00 One Construction $79,350.00 $79,350.00 $56,500.00 $79,350.00 $59,400.00 Sand Dollar JJ's Design *Did not submit a bid. **Math error (bid tab reflects corrected amount) Packet Pg. 55 ITEM NO. RES-2013- _ J i 137 DATE: 08/06/2013 COUNTY ` R I ID A AGENDA REQUEST *CONSENT AGENDA\HUMAN RESOURCES TO: Board of County Commissioners PRESENTED BY: Tara Raymore, Director of Human Resources SUBMITTED BY: Human Resources SUBJECT: Codification of the County Administrator's authority to approve various personnel and staffing actions BACKGROUND: This item is to clarify and consolidate the administrative personnel and staffing approvals previously granted by the Board over the course of time to the County Administrator. The Board's approvals have been given through various forums such as the employee handbook, budget process, agenda process, resolutions and the pay study dating back to 2005. Staff is recommending incorporating the prior approvals of the various administrative personnel and staffing actions into one resolution and to clarify the approvals related to re- classifications. Staff is also recommending the Board give the County Administrator authorization to create temporary positions in connection with succession planning. PREVIOUS ACTION: On August 9, 2005, the Board approved agenda item number C-9 authorizing the County Administrator to establish salaries up to the mid -point of the pay grade. On April 11, 2006, the Board approved the current Employee Handbook through resolution # 06-120 which amended resolution number 86-173. Section 1.05.01 authorizes the County Administrator to approve employment in positions within the authorized personnel budget. Section 1.05.02 authorizes the County Administrator to grant a 5% pay increase or the minimum of the pay grade to employees that are promoted to a higher pay grade and a 5% pay increase at the end of the probationary period. Section 1.05.03 authorizes the County Administrator to transfer employees within the same pay classification and to approve voluntary transfers to lower pay classifications. On February 23, 2010, the Board approved resolution number 10-044 authorizing the County Administrator to reduce the salary of senior level employees by a minimum of 5% when the employee is placed in a lower pay grade as a result of a reorganization or a staff reduction. Packet Pg. 56 On June 18, 2013, the Board approved agenda item number 1348 authorizing the County Administrator to approve position title changes and position description updates. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval of the attached Resolution codifying the County Administrator's authority to approve position re -classifications, temporary positions, salaries for reclassified positions and to approve corrections that are due to scriveners error. COMMISSION ACTION: Coordination/Signatures Ua'nigf S. McIntyre, ou y Attorney 7/31/2013 aye W. Outlaw, County Administrator 8/1/2013 Updated: 7/30/2013 1:28 PM by Bob Bentkofsky H Page 2 Packet Pg. 57 7.G.a RESOLUTION NO. 13-XX A RESOLUTION CODIFYING THE COUNTY ADMINISTRATOR'S AUTHORITY TO APPROVE VARIOUS PERSONNEL AND STAFFING ACTIONS. WHEREAS, the Board of County Commissioners for St. Lucie County, Florida (the "Board") has made the following determinations: 1. On August 9, 2005, the Board approved agenda item #C-9 authorizing the County Administrator to establish salaries up to the mid -point of the pay grade. 2. On April 11, 2006, the Board approved the current Employee Handbook through resolution #06-120 which amended resolution 86-173. Section 1.05.01 authorizes the County Administrator to approve employment in positions within the authorized personnel budget. Section 1.05.02 authorizes the County Administrator to grant a 5% pay increase or the minimum of the pay grade to employees that are promoted to a higher pay grade and a 5% pay increase at the end of the probationary period. Section 1.05.03 authorizes the County Administrator to transfer employees within the same pay classification and to approve voluntary transfers to lower pay classifications. 3. On February 23, 2010, the Board approved resolution #10-044 authorizing the County Administrator to reduce the salary of senior level employees by a minimum of 5% when the employee is placed in a lower pay grade as a result of a re -organization or a staff reduction. 4. On June 18, 2013, the Board approved agenda item #1348 authorizing the County Administrator to approve position title changes and position description updates. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Staff recommends Board approval of Resolution No. which, provides the following: 1. The Board does hereby delegate the authority to the County Administrator to approve the reclassification of existing positions when there is sufficient budget within the requesting department's current budget if applicable. 2. The Board does hereby delegate the authority to the County Administrator to establish temporary positions for use in succession planning when a transition plan is necessary due to turnover of key -1- Packet Pg. 58 7.G.a positions in the organization. The temporary positions will be created for no more than a 90 day period per key position identified and will be funded utilizing the current available budget of the department experiencing the turnover. 3. The Board does hereby delegate the authority to the County Administrator to establish salaries for reclassified employees up to the mid -point of the pay grade of the reclassified position and authorization to approve an end of probation increase for reclassified positions when appropriate. 4. The Board does hereby delegate the authority to the County Administrator to approve corrections that are necessary due to scriveners errors. 5. This resolution shall take effect on the date of its adoption. After motion and second, the vote on this resolution was as follows: Chair Tod Mowery XX Vice Chair Frannie Hutchinson XX Commissioner Chris Dzadovsky XX Commissioner Paula A. Lewis XX Commissioner Kim Johnson XX PASSED AND DULY ADOPTED this XX day of XX 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney -2- Packet Pg. 59 ITEM NO. (ID # 1441) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: Diana Waite, Senior Planner Planning Division DATE: 08/06/2013 *CONSENT AGENDA\PLANNING AND DEVELOPMENT SERVICES Permission to Advertise - St. Lucie Commerce Center Development Agreement The County has received a request from Lucie Rock, LLC to enter into a Development Agreement for the proposed industrial development to be known as St. Lucie Commerce Center. A draft copy of the proposed agreement is attached. Pursuant to State law and County ordinance, consideration of a Development Agreement requires two public hearings. If the Board grants permission to advertise, the public hearings will be scheduled on September 3 and September 17, 2013. The associated Major Site Plan that includes a 40 lot industrial subdivision is incorporated into the agreement by reference and will be scheduled for the Board's consideration and approval at the 1st public hearing for the Development Agreement. The subject 16.42 acre site was granted a 2004 future land use map amendment and subsequent changes in zoning for the purpose of creating an industrial and commercial development. During the following site plan review process, which began in 2005, the applicant was not able to commit to the required off -site improvements without a user of the property. To move the project forward without a user, the developer is proposing a phased site plan and associated Development Agreement that allows for the construction of off -site improvements based upon three phases of development. The project lands are recommended as a location for targeted industries in the County's October 2007 report entitled Strategic Economic Development For Targeted Industries. The Board's consideration of the proposed Development Agreement and Major Site Plan is the next step in the application process to allow for the anticipated industrial development of the subject lands. The Development Agreement provides: • a 10 year term; and • dedication of the right-of-way for North Rock Road and proposed Sunnyland Drive (nothing in the agreement would obligate the Board to fund or build the roads); and Packet Pg. 60 • incorporates a proposed Major Site Plan documents for a 40 lot industrial project to be known as St. Lucie Commerce Center; and • provides for the timing off- site roadway improvements to address the development impacts; and • provides for the construction of an intersection improvements at Rock Road and Orange Avenue prior to issuance of the first certificate of occupancy. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Grant permission to advertise the Development Agreement for public hearings on September 3 and September 17, 2013, or as soon thereafter as possible. COMMISSION ACTION: 7, za X41?1_01ZI-f M rk t rl e, P a ning & v irecto Coordination/Signatures 7/26/2013 Ua-niqf S. McIntyre, oup y Attorney 7/30/2013 ob aentkofsKy, AssistaTit County Admir,Ictrato2013 Updated: 7/24/2013 5:15 PM by Leslie Olson Page 2 Packet Pg. 61 7.K.a 3 Subject property - - 500 ft. notification area BCC-520134619 St. Lucie Commerce Center Aerial date: 2010 �QUEVT a A .prepared Packet Pg. 62 7.K.b BCC-520134619 Zoning St. Lucie Commerce Center AG-1 R H-5 AG-1"TFRST R 2 AG-1 G-1 95 m PUD oz r zPUB ♦IL ' ix Z r r G- FRST9TF 1 H G- 9stiwy 1 PUD AGGESS RD 1 KINGS CROSSINGCT �u( 1 1 1 G-1 1 � 1 1 IL I 1 X 1 z 1 1 1 1 1 COL'BOURN RD I PUD I IH CG AR-1 I L Subject property AG-1 -Agricultural (1 du/ac) IL - Industrial Light AR-1 -Agricultural Residential (1 du/ac) IX - Industrial Extraction CG - Commercial General PUD - Planned Unit Development + cy N 1 + 500 ft. notification area CO - Commercial Office RMH-5 - Residential Mobile Home I - Institutional RS-2 - Residential Single Family (2 du/ac) I - Industrial Heavy Map prepared July 22, 2013 Packet Pg. 63 7.K.c 1 This Instrument Prepared By: 2 3 W. Lee Dobbins, Esq. 4 Dean Mead Minton & Zwemer 5 1903 S. 25th Street 6 Suite 200 7 Fort Pierce FL 34947 8 9 DEVELOPMENT AGREEMENT 10 11 THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into this 12 day of , 2013, by and between the St. Lucie County (the "County") 13 Board of County Commissioners and Lucie Rock, LLC, a Florida limited liability 14 company ( the "Developer") for the purpose of establishing and binding the development 15 rights of the Developer for certain real property located within the unincorporated area of 16 St. Lucie County, Florida, as more particularly described in Exhibit "A", attached 17 hereto and incorporated herein by reference (the "Property"). This Agreement is also 18 entered into by the County and the Developer for the purpose of providing assurances to 19 the Developer that it may proceed with the development of the Property in accordance 20 with existing laws and policies subject to the conditions of this Agreement; and insuring 21 that this Agreement is in compliance with applicable provisions of Sections 163.3220 22 through 163.3243 Florida Statutes (2013), the St. Lucie County Comprehensive Plan, and 23 the St. Lucie County Land Development Code. 24 25 RECITALS Us 27 WHEREAS, the intent of the Florida Local Government Development 28 Agreement Act (the "Act") is explicitly stated in Section 163.3220, Florida Statutes, 29 which provides in pertinent part as follows: 30 31 (1) The Legislature finds and declares that: 32 (a) The lack of certainty in the approval of development can result 33 in a waste of economic and land resources, discourage sound capital 34 investment planning and financing, escalate the cost of housing and 35 development, and discourage commitment to comprehensive planning. 36 (b) Assurance to a developer that upon receipt of its development 37 permit it may proceed with existing laws and policies, subject to the 38 conditions of a development agreement, strengthens the public planning 39 process, encourages sound capital improvement planning and financing, 40 assists in assuring there are adequate capital facilities for the development, 41 encourages private participation in comprehensive planning, and reduces 42 the economic costs of development. 43 (2) In conformity with, in furtherance of, and to implement the Local 44 Government Comprehensive Planning and Land Development Regulation F0151748.15 Packet Pg. 64 7.K.c 1 Act and the Florida State Comprehensive Planning Act of 1972, it is the 2 intent of the Legislature to encourage a stronger commitment to 3 comprehensive and capital facilities planning, ensure the provision of 4 adequate public facilities for development, encourage the efficient use of 5 resources, and reduce the economic cost of development. 6 (3) This intent is effected by authorizing local governments to enter 7 into development agreements, subject to the procedures and requirements 8 of ss. 163.3220-163.3243. 9 (4) Sections 163.3220-163.3243 shall be regarded as supplemental and 10 additional to the powers conferred upon local governments by other laws 11 and shall not be regarded as in derogation of any powers now existing. 12 WHEREAS, Section 11.08.00 of the St. Lucie County Land Development Code 13 ("LDC") specifically empowers the County to enter into development agreements with 14 developers to facilitate the orderly development of real property in St. Lucie County; and 15 16 WHEREAS, Developer has submitted a major site plan application for an 17 industrial park subdivision to be known as "St. Lucie Commerce Center" that consists of 18 a phased development plan to allow flexibility in the selling of lots individually or in 19 groups for the purpose of attracting users for the industrial subdivision as depicted on the 20 approved Major Site Plan sheets and associated plans and documents, all incorporated 21 herein by reference, including the Major Site Plan, Phasing Plan and Landscape Plan 22 attached as Exhibit `B" (collectively referred to herein as the "Master Site Plan") 23 24 WHEREAS, the Property is currently zoned Light Industrial and Heavy 25 Industrial on the County's Official Zoning Atlas and is designated Mixed -Use 26 Development (MXD) under the Future Land Use Element of the St. Lucie County 27 Comprehensive Plan. 28 29 WHEREAS, concurrently with the approval of this Development Agreement, 30 Developer is seeking major site plan approval for the St. Lucie Commerce Center 31 industrial park subdivision pursuant to County Resolution (hereinafter 32 "Master Site Plan Approval"); and 33 34 WHEREAS, Developer owns the Property, which consists of an approximately 35 ninety-four (94) acre parcel located between Rock Road and Emerson Avenue; and 36 37 WHEREAS, the Property was recognized by the County as a site where 38 industrial and commercial development should be encouraged in the County's Proposed 39 Plan for Strategic Economic Development for Targeted Industries, dated December 2007; 40 and 41 42 WHEREAS, development of the Property as an industrial park, in accordance 43 with the foregoing plan, will encourage the relocation or expansion of targeted industries 44 in the County and will thereby benefit the County and its residents by helping the County F0151748.15 2 Packet Pg. 65 7.K.c I achieve its goals of diversifying the local tax base, creating high wage jobs and 2 expanding the County's industrial and commercial employment base; 4 WHEREAS, given the current economic climate, it may take several years to find 5 an appropriate user or users for the site; therefore, Developer is desirous of entering into- 6 this Development Agreement with the County to memorialize the parties' agreement 7 regarding Developer's development rights and obligations with regard to the Property for 8 a ten (10) year term; and 9 10 WHEREAS, it is in the best interests of the County and the citizens of the County 11 that the development of the Property be completed in a planned and orderly fashion in 12 such manner as to encourage the expansion or relocation of targeted industries to the 13 County; and 14 15 WHEREAS, Developer and the County have agreed upon terms and conditions 16 relating to the development of the Property, development rights, and benefits to the 17 County and the citizens of the County which are acceptable to the Developer and 18 acceptable to the County such that the Developer and the County have deemed it 19 appropriate that the terms and conditions of their agreement be reduced to written form; 20 and 21 22 WHEREAS, the benefits to the County as a result of entering into this Agreement 23 are unique to the particular circumstances of this Agreement; and 24 25 WHEREAS, the Act provides a means for the Developer and the County to 26 document the assurances sought by each and commitment to the terms and obligations of 27 this Agreement; and 28 29 WHEREAS, pursuant to the requirements of Section 163.3225, Florida Statutes 30 (2013), the County has held two public hearings with respect to this Agreement, those 31 being held on , 2013 and 2013, with 32 public notice provided for each hearing as required by law. 33 34 NOW THEREFORE, in consideration of the mutual covenants and conditions 35 set forth herein and other good and valuable consideration, the Developer and the County 36 enter into this Development Agreement and do hereby agree as follows: 37 38 1. Recitals. 39 40 The foregoing recitals are true, correct and incorporated herein by reference. 41 42 2. Legal Description and Owner of the Property. 43 44 An accurate legal description of the Property subject to the terms and conditions 45 of this Agreement is attached hereto as Exhibit "A", and incorporated herein by 46 reference. The current owner of legal and equitable title to the Property is Lucie Rock, F0151748.15 Packet Pg. 66 7.K.c 2 3 4 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 LLC, a Florida limited liability company. Lucie Rock, LLC hereby represents and warrants that it is the current owner of all legal and equitable title in the Property. 3. Effective Date and Duration of Agreement. Unless extended pursuant to the terms hereof, the duration of this Agreement shall be ten (10) years commencing with the effective date of this Agreement. The time for development authorized hereby shall supersede any timeframes for development set forth in the Master Site Plan Approval, including the expiration date of the Master Site Plan Approval and the Certificate of Capacity issued in connection therewith ("Certificate of Capacity"). The duration of this Agreement may be extended upon mutual consent of the County and the Developer following a public hearing as provided for in the Act. In the event the Florida Department of Economic Opportunity ("DEO") or any other interested party files a lawsuit or other legal proceeding challenging the validity of this Agreement, this Agreement shall not become effective until such time as a judgment is entered by a court of competent jurisdiction finding the Agreement valid and enforceable and such judgment becomes final and non -appealable. 4. Uses, Densities, Intensities and Height. The development uses permitted on the Property, including densities, intensities and height, shall be as follows: A. Uses Allowed: The development uses permitted on the Property shall be in accordance with the applicable zoning of the Property. Within the portion of the Property zoned Industrial Heavy (IH), permitted uses allowed within the IH zoning district shall be permitted. Within the portion of the Property zoned Industrial Light (IL), permitted uses allowed within the IL zoning district shall be permitted. Conditional uses allowed within the IL and IH zonings may be approved by'the County in accordance with the LDC. The development of the foregoing uses shall be subject to all applicable provisions of the current County Land Development Code and Comprehensive Plan. B. Density/Intensity Allowed: Pursuant to Ordinance No. 04-031 (the "Ordinance"), the land use designation of the Property was changed from RS (Residential, Suburban - 2 du/acre) to MXD - Orange Avenue (Mixed Use Development - Orange Avenue/I-95 Activity Area) (the "Land Use Amendment"). As part of the process of obtaining the Land Use Amendment, Declarant voluntarily limited the density and intensity of the development, to address comments from state land planning agency staff requesting that Declarant, as the applicant, demonstrate that development on the Property would be served by adequate public facilities, specifically transportation and utility facilities. The Ordinance amended the County's Future Land Use Map to add the following text (the "Percentage Limitations") limiting development on the Property: "Note: Future development shall be limited to the following land uses and ratios: IND (Industrial) 60%, COM (Commercial) 10%, and RES (Residential) 30%. The height of all buildings and structures shall be no more than 60 feet." The Percentage Limitations were based upon the following formula, set forth in the Traffic Statement and the Utility F0151748.15 4 Packet Pg. 67 7.K.c 2 3 4 5 6 7 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 Analysis provided to the state land planning agency and the County in response to the state land planning agency's comments: IND (Industrial) 60% x 94.34 ac x .50 coverage = 1,232,835 SF COM (Commercial) 10% x 94.34 ac x .50 coverage = 164,378 SF RES (Residential) 30% x 94.34 ac x .15 du/acre = 425 dwelling units The Property has all been zoned IL and IH, therefore there will be no residential development on the Property and any commercial development on the Property will be ancillary commercial uses permitted within the IL or IH zoning districts. Therefore, in accordance with the Percentage Limitations set forth in the Ordinance, the density and intensity of the development of the Property shall be limited to the following maximum: Industrial Development: No more than 1,232,835 square feet of building space C. Maximum Permitted Height: The maximum permitted height of all buildings and structures shall be no more than 60 feet, in accordance with the Ordinance. Future Land Use Mgp Designation. The future land use designation of the Property under the future land use element of the adopted St. Lucie County Comprehensive Plan is MXD - Orange Avenue (Mixed Use Development - Orange Avenue/I-95 Activity Area). 6. Zoning. Part of the property is zoned Industrial Heavy (IH) and part of the Property is zoned Industrial Light (IL), as more specifically shown on the County's zoning maps. 7. Master Site Plan and Landsca ep Plan. Attached hereto and incorporated herein as Exhibit "B" are a Major Site Plan, a Phasing Plan and a Landscape Plan, for St. Lucie Commerce Center depicting the proposed development, including roads, buffers, landscaping and storm water retention, as approved pursuant to County Resolution . Also incorporated herein by reference is any documentation submitted to the County by the Developer in support of the application for the foregoing site plan approval, including any traffic studies ("Application Materials"). Notwithstanding the provisions of St. Lucie County Land Development Code Section 11.02.06, providing that a site plan approval is only valid for a period of twenty-four (24) months, the parties hereto agree that the Master Site Plan Approval shall be valid for the duration of this Developer Agreement, as it may be amended. F0151748.15 Packet Pg. 68 7.K.c I A. Landscaping. 2 3 The Landscape Plan for St. Lucie Commerce Center is incorporated in the Master 4 Site Plan. Landscape buffers, street trees and tree mitigation will be provided in 5 accordance with the Landscape Plan, provided however, that in the event of any conflict 6 between the Landscape Plan incorporated into the Master Site Plan, and a landscape plan 7 incorporated into a site plan for any individual lot or lots approved by the County, the 8 Landscape Plan incorporated into the Master Site Plan shall be amended in accordance 9 with the LDC. The Developer acknowledges that all landscaping for any individual lot or 10 lots must be completed in accordance with the applicable provisions of the St. Lucie 11 County Land Development Code. 12 13 B. Berm. 14 15 At the time of construction of the first phase of development on the Property, 16 Developer shall construct the berm along the west boundary of the Property (the `Berm") 17 in accordance with the Master Site Plan. 18 19 8. Public Facility Adequacy. 20 21 A. On- Site Traffic Improvements. 22 23 Developer shall provide internal road improvements within St. Lucie Commerce 24 Center as depicted on the Master Site Plan. The parties understand and agree that all 25 roads located within St. Lucie Commerce Center will be designed and constructed at the 26 expense of Developer, subject to receipt of all required governmental approvals. The 27 parties further understand and agree that all sidewalks and roads located within St. Lucie 28 Commerce Center shall be owned and maintained by either the owner of the Property or 29 by a property owners association formed for the maintenance and operation of onsite 30 improvements. The foregoing notwithstanding, the internal road improvements may be 31 turned over to the County upon the mutual agreement of the County and Developer. 32 33 B. Off -Site Traffic Improvements. 34 35 Developer agrees to make the following contributions toward off -site traffic 36 improvements by providing payment to the County for the purpose of such improvements 37 or by constructing said improvements, within the timeframes set for herein: 38 39 i. Before issuance of a certificate of occupancy for any construction on the 40 Property, Developer shall (a) pave the unpaved section of Rock Road to a 41 width of 24 feet from the entrance of the first phase of development on the 42 Property to the paved section of Rock Road, (b) signalize the intersection 43 of Orange Avenue and Rock Road, (c) construct a 400 foot southbound to 44 eastbound left turn lane (on Rock Road) with appropriate tapers at the 45 same intersection, (d) construct a 265 foot eastbound to northbound left 46 turn lane (on Orange Avenue) with appropriate tapers at the same F0151748.15 r7 Packet Pg. 69 7.K.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 intersection, (e) provide a 6-foot wide painted median (on Orange Avenue) on the westbound approach to the same intersection, (f) construct 25 feet of pavement on the south side of the same intersection to allow adequate paved access to the south side of the intersection and (g) lengthen to 250 feet the westbound to northbound right turn lane (on Orange Avenue) with appropriate tapers at the same intersection, all in accordance with engineering plans to be approved by the County Engineer. The foregoing off -site traffic improvements shall be sufficient for the first 500,000 square feet of construction on the Property. ii. Before a certificate of occupancy is issued for any construction in excess of the first 500,000 square feet of construction on the Property, Developer shall lengthen the southbound to eastbound left turn lane (on Rock Road) at the intersection of Orange Avenue and Rock Road, from 400 feet to 800 feet in accordance with engineering plans to be approved by the County Engineer. The foregoing off -site traffic improvements shall be sufficient for the first 1,000,000 square feet of construction on the Property. iii. Before a certificate of occupancy is issued for any construction in excess of the first 1,000,000 square feet of construction on the Property, Developer shall provide for dual southbound to eastbound left turn lanes at the intersection of Orange Avenue and Rock Road (one lane to be a right turn, straight and left turn lane and the other lane to be a left turn only lane) and dual 880 foot receiving lanes on Orange Avenue with appropriate tapers, as depicted on attached Exhibit "D", in accordance with engineering plans to be approved by the County Engineer. The foregoing off -site traffic improvements shall be sufficient for 1,232,835 square feet of construction on the Property. iv. Developer shall not be required to make any improvements or proportionate share payments with respect to Emerson Avenue or Kings Highway. Developer shall not be required to make any improvements to Sunnyland Drive, except as set forth in Paragraph 8.0 below. For convenience, attached hereto as Exhibit "C" is a Schedule of Improvements setting forth the foregoing traffic improvements and attached hereto as Exhibit "D" are sketches depicting the foregoing traffic improvements. Those traffic improvements constructed by Developer pursuant to this Agreement which are located outside of the Property shall ultimately be dedicated to the County for its ownership and maintenance. Developer may be entitled to receive impact fee credits ftom the County for such off -site traffic improvements constructed or paid for by Developer, in accordance with Section 1- 17-33.1 of the County Code of Ordinances. Developer and the County shall enter into an impact fee credit agreement prior to Developer constructing or paying for such off -site traffic improvements. F0151748.15 7 Packet Pg. 70 7.K.c I Developer and the County acknowledge that additional right-of-way is needed 2 along Orange Avenue for construction of the dual receiving lanes referenced in Paragraph 3 8.B.iii above. In the event of the development of any property with frontage along the 4 section of Orange Avenue where such right-of-way is needed, the County shall require 5 the owner of such property to provide such right-of-way as a condition of their 6 development order. In the event that Developer must purchase any or all of such right-of- 7 way in order to provide the dual receiving lanes, then Developer shall be entitled to 8 receive impact fee credits from the County in accordance with Section 1-17-33.1 of the 9 County Code of Ordinances. 10 11 In the event that other owners of real property located north of Orange Avenue on 12 Rock Road desire to develop their property and to pay for or construct improvements to 13 Rock Road and/or the intersection of Rock Road and Orange Avenue in order to address 14 their traffic impacts, Developer agrees to cooperate with the County and the owner or 15 owners of such property to modify the planned improvements set forth herein, and to 16 share in the cost of such modified improvements, provided that (a) the cost of such 17 modified improvements to Developer shall not exceed the cost of Developer's obligations 18 under this Paragraph 8.13, and (b) modifying the planned improvements set forth herein 19 shall not require Developer to delay any phase of development of the Property. 20 21 Notwithstanding the provisions of St. Lucie County Land Development Code 22 Section 5.08.04, providing that a Certificate of Capacity is only valid for a period of three 23 Q) years and requiring a new concurrency test to be performed for any development that 24 begins three (3) years after the date of issuance of the Certificate of Capacity, the parties 25 hereto agree that the Certificate of Capacity shall be valid for the duration of this 26 Developer Agreement, as it may be amended. 27 28 C. Sunnyland Drive. 29 30 Sunnyland Drive, as shown on the Master Site Plan, is currently owned by the 31 Florida Department of Transportation ("FDOT"). Prior to the issuance of a certificate of 32 occupancy for any lot or lots in Phases D or F of the Phasing Plan attached hereto as part 33 of Exhibit "B" (the "Phasing Plan"), Developer shall improve that portion of Sunnyland 34 Drive needed to provide vehicular access to such lot or lots being developed. Prior to the 35 development of any lot or lots in Phases D or F, Developer shall enter into a road 36 improvement agreement with the County, obligating the Developer to improve that 37 portion of Sunnyland Drive to County standards as needed to provide vehicular access to 38 such lot or lots, at the Developer's sole cost and expense, in accordance with engineering 39 plans approved by the County Engineer. If Sunnyland Drive is still owned by FDOT, 40 then the County shall request that FDOT turn over Sunnyland Drive to the County upon 41 (a) approval of such engineering plans by the County Engineer, (b) approval of such road 42 improvement agreement by the Board of County Commissioners and (c) Developer 43 posting any bond or other security required by the County pursuant to such road 44 improvement agreement. Upon Sunnyland Drive being conveyed to the County, the 45 Developer shall improve that portion of Sunnyland Drive to County standards at 46 Developer's cost, in accordance with the foregoing road improvement agreement and F0151748.15 8 Packet Pg. 71 7.K.c I engineering plans. Notwithstanding any other provisions of this Agreement, if FDOT 2 conveys Sunnyland Drive to the County and the County accepts such conveyance, prior 3 to Developer entering into a road improvement agreement for Sunnyland Drive, 4 Developer shall not be required to make any improvements to Sunnyland Drive or bond 5 such improvements thereto, until Developer obtains site plan approval to develop a lot or 6 lots in Phase D or F and enters into a road improvement agreement with the County for 7 Sunnyland Drive. Developer shall not be required to improve Sunnyland Drive beyond 8 what is needed to provide access to the lots being developed and Developer shall not be 9 required to pave Sunnyland Drive west of its intersection with Goldmeier Drive. 10 Developer shall not be required to provide a paved connection to Emerson Avenue. 11 12 D. Utility Services. 13 14 The Developer will supply adequate public utility facilities and services to serve 15 St. Lucie Commerce Center concurrent with the impact creating the need for such 16 services, including, but not limited to, potable water distribution, wastewater collection 17 and solid waste disposal. The Developer must obtain all necessary governmental 18 approvals and permits prior to utilization of any potable water or wastewater collection 19 utility system constructed by Developer. 20 21 i. Potable Water Distribution. 22 23 Drinking water for St. Lucie Commerce Center will be supplied by Fort 24 Pierce Utility Authority, or its successors or assigns ("FPUA"). The Developer will 25 construct or cause to be constructed all necessary potable water service infrastructure 26 within St. Lucie Commerce Center. It is the intention of the Developer that upon 27 construction of such potable water service infrastructure, the infrastructure will be 28 ultimately owned and maintained by FPUA. Water service shall be available in adequate 29 volume prior to improvements being constructed in each particular phase of development. 30 31 ii. Wastewater Collection. 32 33 Wastewater collection and treatment services for St. Lucie Commerce 34 Center will be supplied by FPUA, or its successors or assigns. The Developer will 35 construct or cause to be constructed all wastewater collection infrastructure within St. 36 Lucie Commerce Center. It is the intention of the Developer that upon construction of 37 such wastewater collection infrastructure, the infrastructure will be ultimately owned and 38 maintained by FPUA. Wastewater collection service shall be available in adequate 39 capacity prior to construction of improvements in each particular phase of development. 40 41 iii. Solid Waste Disposal. 42 43 There will be no particular improvements or facilities required for solid 44 waste collection within St. Lucie Commerce Center. Dumpsters or other improvements 45 for solid waste collection shall be addressed pursuant to the site plan approvals for the 46 individual lots within St. Lucie Commerce Center. F0151748.15 9 Packet Pg. 72 7.K.c 2 iv. Capacity. In the event that there is insufficient water and/or 3 wastewater capacity for the proposed development of the Property at the time that 4 Developer requests service from FPUA or is successors or assigns, the expiration of this 5 Agreement, the Master Site Plan and the Certificate of Capacity, shall all be tolled until 6 such capacity becomes available. E. Stormwater Treatment Facilities. 10 The stormwater treatment facilities for St. Lucie Commerce Center will be 11 constructed as depicted on the Master Site Plan. All storm water runoff and drainage 12 system improvements within St. Lucie Commerce Center will be: (1) designed and 13 constructed to County standards; (2) treated to minimum South Florida Water 14 Management District water quality standards; (3) constructed or caused to be constructed 15 by the Developer; and (4) maintained by either the owner of the Property or by a property 16 owners association formed for the maintenance and operation of onsite improvements. 17 The County will not be responsible for any construction or maintenance costs associated 18 with the stormwater drainage system within the St. Lucie Commerce Center. The system 19 will be designed and constructed so that there will be no outflow onto adjacent properties 20 unless otherwise approved by regulatory authorities and will be designed to protect 21 adjacent surface waters by use of best management practices and other innovative 22 techniques. 23 24 F. Construction of Drainage Improvements. 25 26 Material from the excavation of any lakes, swales, drainage ditches or other 27 improvements to the Property may be extracted pursuant to Section 6.06.02 of the County 28 Land Development Code, without issuance of a mining permit by the County, provided 29 that such lakes, swales, drainage ditches or other improvements are constructed in 30 accordance with the Master Site Plan or the site plan for any phase of development or any 31 lot. Such excavated material may be used on the Property for fill, building pads, water 32 retention structures, berms, or other improvements, and may be used for road beds for the 33 construction of on -site or off -site road improvements required by this Agreement. 34 35 G. Adjustments to the Master Site Plan. 36 37 In the event that Developer desires to combine or reconfigure any lots, such that 38 (a) some internal roads (or portions thereof) are no longer needed for access, or (b) 39 internal storm water improvements, utility improvements, landscape buffers, street trees 40 or tree mitigation will be reconfigured, then Developer may apply for an amendment to 41 the Master Site Plan. Any amendment to the Phasing Plan shall be considered an 42 adjustment to the Master Site Plan for St. Lucie Commerce Center, and any such 43 adjustments to the Master Site Plan may be approved by the County in accordance with 44 the LDC. 45 F0151748.15 10 Packet Pg. 73 7.K.c I The Master Site Plan depicts a 9.13 acre Lake to be constructed along the west 2 boundary of the Property adjacent to the Berm (the "Lake") and a section of Sunnyland 3 Drive to be improved in the existing FDOT right-of-way. However, in the event that a 4 large portion of the Property is developed by a single user, it may be more efficient to 5 relocate Sunnyland Drive and/or to build some storm water retention within such single 6 user's;parcel and to reduce the size of the Lake. In the event that Developer desires to 7 relocate Sunnyland Drive and/or to reduce the size of the Lake and build some storm 8 water retention at another location within the Property, Developer shall apply for an 9 amendment to the Master Site Plan and the Phasing Plan. Such amendment to the Master 10 Site Plan and Phasing Plan may be approved by the County in accordance with the LDC. 11 Sunnyland Drive is a proposed County road and any altered realignment of Sunnyland 12 Drive will be reviewed by the County for consistency with County transportation plans 13 and to ensure that adequate thoroughfare traffic is accommodated. Notwithstanding any 14 reduction in the size of the Lake, the minimum distance between the right-of-way of 15 Emerson Avenue and the platted lots shall be no less than 275 feet, providing a buffer 16 between such lots and any future development west of Emerson Avenue. 17 18 H. Other Conditions of Site Plan Approval. 19 20 Unless otherwise provided in this Agreement, Developer shall comply with all 21 conditions of approval set forth in the Master Site Plan Approval (County Resolution 22 ), which conditions are incorporated herein by reference. 23 24 9. Phasing. 25 26 The Phasing Plan for the project is attached hereto as part of Exhibit "B". 27 Phases may be built in any order, provided however that all First Phase Improvements (as 28 defined hereinbelow) shall be built at the time of construction of the infrastructure 29 improvements for the first phase of development. Roads, utility infrastructure, storm 30 water improvements including the Lake, landscape buffers, street trees, and tree 31 mitigation shall be provided by phase according to the Phasing Plan. 32 33 Interim storm water conveyance and water quality treatment swales may be 34 constructed in lieu of final required storm water infrastructure until lot phasing 35 development necessitates the ultimate storm water infrastructure construction, including 36 the Lake and related littorals and upland buffers. For example, if the east side of the 37 Property is developed first, it may be more efficient to build swales directly to the outfall, 38 which will be removed or relocated later when the swales, pipes and other infrastructure 39 serving the future phases are constructed, provided such interim storm water conveyance 40 or water quality treatment improvements receive all required approvals from the South 41 Florida Water Management District, St. Lucie County Engineering Department and North 42 St. Lucie River Water Control District. 43 44 The following improvements are the "First Phase Improvements" which shall be 45 built at the time of construction of the infrastructure improvements for the first phase of 46 development (regardless of which phase is developed first): F0151748.15 I I Packet Pg. 74 7.K.c N 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 A. The lift station as depicted on the Master Site Plan, along with a gravity line from the first phase of development to the lift station, a force main from the lift station to FPUA's existing lines and a paved access road providing vehicular access to the lift station. B. The Berm, as defined in Paragraph 7.13 above, and depicted on the Site Plan. C. Improvements to the section of Rock Road located in Phase A, as depicted on the Master Site Plan. D. Improvements to any additional section of Rock Road and/or any section of Sunnyland Drive, necessary to provide paved vehicular access to the first phase of development on the Property. 10. Reservation or Dedication of Land. The Developer shall convey the following rights -of -way to St. Lucie County free and clear of any liens or encumbrances: 22 A. Thirty (30) feet of road right-of-way along the east side of Emerson 23 Avenue/Laid Back Way, as more specifically shown on the Master Site Plan. This right- 24 of -way will be dedicated to St. Lucie County within ninety (90) days after final approval 25 of the Master Site Plan. 26 27 B. Twenty (20) feet of road right-of-way along the west side of Rock Road, 28 within Phase A, as shown on the Master Site Plan.. This right-of-way will be dedicated to 29 St. Lucie County within ninety (90) days after final approval of the Master Site Plan. 30 31 C. Twenty (20) feet of road right-of-way along the west side of Rock Road, 32 within Phase B, as shown on the Master Site Plan. This right-of-way will be dedicated to 33 St. Lucie County concurrently with the conveyance of the right-of-way along Sunnyland 34 Drive to the County. 35 36 D. Ten (10) feet of road right-of-way along Sunnyland Drive (5 feet on the 37 north side of the road and 5 feet on the south side), as more specifically shown on the 38 Master Site Plan. This right-of-way will be dedicated to St. Lucie County when 39 Sunnyland Drive is conveyed to the County by FDOT, in accordance with Paragraph 8.0 40 above. 41 42 Developer may be entitled to receive impact fee credits for the dedication of the 43 foregoing rights -of -way in accordance with Section 7.05.03.I of the County Land 44 Development Code. 45 46 11. Environmental Resource Department Issues. F0151748.15 12 Packet Pg. 75 7.K.c 1 2 4 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 A. When the Developer applies for site plan approval for any phase of development on the Property, the Developer shall provide the County Environmental Resources Department with (i) an updated tree survey and mitigation table for such phase of development, if such phase of development contains native trees meeting the size requirements of LDR Section 6.00.05.13, Table 1, and (ii) an updated Environmental Impact Report for such phase of development, if required by LDR Section 11.02.09.A.5. B. Prior to approval of any phase of development containing the Lake (defined in Paragraph 8.G above) the Developer shall provide the County Environmental Resources Department with a Lake Area Monitoring and Management Plan. 12. Local Development Permits and Approvals. Alldevelopment permits approved or requiring approval by the County for development of the Property shall be issued by the County in accordance with County regulations, including but not limited to, the Comprehensive Plan, the LDC, and the County Code of Ordinances. The parties agree that such County regulations that are in existence and effect on the date of the execution of this Agreement will control and establish the density, intensity, bulk, height, setback, wetland mitigation and preservation requirements and the land uses and structures allowed to be developed on the Property under this Agreement. However, all applications for building permits shall comply with the building code in effect at the time of application. Notwithstanding anything to the contrary contained herein, the Master Site Plan Approval and Certificate of Capacity shall be vested and not expire so long as all applicable conditions of this Agreement and the associated Master Site Plan Approval are met, and a building permit is issued for the St. Lucie Commerce Center within the term of this Agreement and such building permit does not otherwise expire pursuant to the terms of Section 11.02.06 of the LDC. The local development permits required for the development of the Property are as follows: A. Surface water management permit(s) from the South Florida Water Management District ("SFWMD") with respect to all or any phase of the Property will be required prior to development of any lots within such phase. Consumptive use permits from SFWMD shall be required for any wells for landscaping irrigation. B. Permit(s) from the North St. Lucie River Water Control District with respect to all or any phase of the Property will be required prior to development of any lots within such phase. C. Subdivision plat approval(s) from St. Lucie County for all or any phase of the Property will be required prior to the conveyance or development of any lots within such phase. Final plat approval for such phase shall not be granted unless all required infrastructure for such phase has been installed or the Developer enters into a Subdivision Improvement Agreement with the County and provides required bond or other security, in accordance with Section 11.04.00 of the LDC. F0151748.15 13 Packet Pg. 76 7.K.c I D. Site plan approval(s) from St. Lucie County approving the development of 2 any lot or lots within the Property will be required prior to the development of such lot or 3 lots. Site plan approval may be filed and processed concurrently with subdivision plat 4 approval. Developer may also apply for County approval of major or minor site plans 5 concurrently with applying for approvals from the South Florida Water Management 6 District, North St. Lucie River Water Control District, or other agencies. In accordance 7 with LDC Section 11.02.08.A.6, the County shall process such applications for major or 8 minor site plans concurrently with such approvals from other agencies and shall not 9 require that Developer obtain approvals from other agencies prior to issuance of County 10 approvals for major or minor site plans. In accordance with LDC Section 11.02.08.A.6, 11 such County major or minor site plan approvals may be specifically conditioned with the 12 requirement that Developer shall obtain all necessary development permits and 13 construction authorizations from the appropriate State and Federal regulatory authorities, 14 including but not limited to: the United States Army Corps of Engineers, the Florida 15 Department of Environmental Protection, and the South Florida Water Management 16 District, prior to the issuance of any local building permits or authorizations to commence 17 development activities on the Property. 18 19 E. Conveyance of Sunnyland Drive from the Florida Department of 20 Transportation to St. Lucie County, and acceptance thereof by St. Lucie County (as more 21 specifically addressed in Paragraph 8.0 above), will be required prior to development of 22 any lots within the Property which require vehicular access from Sunnyland Drive. 23 24 F. Tree removal permit(s) from St. Lucie County will be required prior to 25 commencement of site construction. 26 27 G. Building permit(s) from St. Lucie County will be required prior to 28 commencement of building construction. 29 30 13. Responsibility for Local Development Permits. 31 32 All of the local development permits set forth in Paragraph 12 above shall be 33 obtained at the sole cost of the Developer and in the event that any such local 34 development permit required for development of the Property in accordance with this 35 Agreement is not received, no further development of the Property shall be allowed until 36 such time as the St. Lucie County Board of County Commissioners has reviewed the 37 matter and determined whether or not to terminate this Agreement or to modify it in a 38 manner consistent with the St. Lucie County Comprehensive Plan. 39 40 14. Consistency With Comprehensive Plan. 41 42 The County and Developer agree that the St. Lucie Commerce Center, as 43 contemplated by this Agreement and depicted on the attached Master Site Plan, is 44 consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive 45 Plan in effect at the time of the execution of this Agreement. 46 F0151748.15 14 Packet Pg. 77 7.K.c 15. Consistency with Land Development Code. 2 3 The County and Developer agree that the St. Lucie Commerce Center, as 4 contemplated by this Agreement and depicted on the attached Master Site Plan is 5 consistent with the St. Lucie County Land Development Code in effect at the time of the 6 execution of this Agreement, including, but not limited to, the applicable zoning district 7 use regulations set forth therein. 9 16. Compliance with Other Laws. 10 11 Failure of this Agreement to address a particular permit, condition, term or 12 restriction shall not relieve the Developer of the necessity of complying with the law 13 governing such permitting requirement, condition, term, or restriction, and any matter or 14 thing required to be done under existing ordinances of St. Lucie County shall not be 15 otherwise amended, modified, or waived unless such amendment, modification or waiver 16 is expressly provided for in this Agreement with specific reference to the code provision 17 so amended, modified or waived. 18 19 17. Remedies. 20 21 The Board may revoke this Agreement if the Board determines based upon 22 substantial and competent evidence, through its annual review of this Agreement, that 23 Developer has not complied in good faith with the terms and conditions of this 24 Agreement, including all amendments or extensions thereto. Prior to any revocation of 25 this Agreement, the Board shall hold two public hearings consistent with the 26 requirements of Section 11.08.02 of the LDC. At the public hearing(s), the Developer 27 will be given an opportunity to rebut the determination that the requirements of this 28 Agreement, or any amendments thereto have not been complied with. If the Board 29 determines that revocation of this Agreement is not necessary, the Board may amend the 30 terms of this Agreement to provide for any reasonable condition necessary to assure 31 compliance with the requirements of this Development Agreement, and any extensions or 32 amendments thereto. Either party may file an action for injunctive relief in the Circuit 33 Court for St. Lucie County to appeal the revocation or amendment of this Agreement. 34 The provisions requiring Board approval of any change in the Master Site Plan shall 35 survive the revocation of this Agreement. 36 37 If the Developer or the County fails to carry out any of its covenants herein 38 contained, the County and the Developer shall be entitled to all remedies available at law 39 or in equity including, without limitations, the remedy of prohibitive injunction. Either 40 parry may file an action for injunctive relief in the Circuit Court for St. Lucie County to 41 enforce the terms of this Agreement or to challenge compliance of this Agreement with 42 the provisions of the Act or Section 11.08.00 of the LDC. 43 44 None of these remedies shall be deemed exclusive of one another, or exclusive of 45 any other remedy which the Court having jurisdiction deems appropriate. Such remedies 46 shall be granted either singularly, or in combination, to the extent necessary to achieve F0151748.15 15 Packet Pg. 78 7.K.c I the intent of this Agreement. The Developer and the County agree that they shall 2 cooperate in good faith to carry out the intent of this Agreement. 3 4 18. Annual Review 8 In accordance with Section 11.08.08 of the LDC, the Board shall review the 9 development that is subject to this Agreement every twelve (12) months, commencing 10 twelve (12) months after the effective date of this Agreement. Every year during the term 11 of this Agreement, on or before the anniversary of the Effective Date of this Agreement, 12 the Developer shall provide the County with an annual report containing the following 13 information: 14 15 A. An identification of any changes in the plan of development as contained 16 in the Master Site Plan, or in any phasing for the reporting year and for the 17 next year. 18 19 B. If the Master Site Plan provided for phasing, a summary comparison of 20 development activity proposed and actually conducted for the year. 21 22 C. Identification of undeveloped tracts of land that have been sold to a 23 separate entity or Developer. 24 25 D. An assessment of the Developer's compliance with each condition of 26 approval set forth in this Agreement. 27 28 E. Identification of significant local, state and federal permits which have 29 been obtained or which are pending by agency, type of permit, permit 30 number and purpose of each. 31 32 F. Identification of the total square footage approved for construction within 33 the Property, and the amount of square footage remaining before the 34 1,232,835 square foot limitation set forth in Paragraph 4.13 above is 35 reached. 36 37 Prior to the County taking any action based upon the Developer's failure to 38 provide the annual report to the County, the County shall notify the Developer and be 39 given sixty (60) days to provide the annual report. Any information required of 40 Developer during an annual review shall be limited to that necessary to determine the 41 extent to which the Developer is proceeding in good faith to comply with the terms of 42 this Agreement. If the County finds on the basis of substantial competent evidence that 43 there has been a failure to comply with the terms of the Agreement, the County may 44 revoke or modify the terms of this Agreement in accordance with the procedures set forth 45 in Paragraph 17 above. 46 F0151748.15 16 Packet Pg. 79 7.K.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 19. General Provisions. A. It is the intent of the Developer and the County that this Agreement memorialize their understanding with respect to the future development of the Property and set forth how various issues with respect to such development will be addressed. The parties hereto shall cooperate in good faith to carry out the intent of this Agreement. B. Nothing herein is intended to preclude the County from exercising its proper police powers to protect the health, welfare, and safety of the public. C. This Agreement is hereby declared to be, and shall hereafter continue as, a covenant running with the title to the Property and shall be binding upon Developer and all successors in title to the Property. Accordingly, the Property shall hereafter be owned, held, transferred, sold, conveyed, demised, devised, assigned, leased, mortgaged, occupied, used and enjoyed subject to the benefits and burdens, as the case may be, of the terms, covenants and provisions set forth herein. Following the recordation of this Agreement, each person or entity who or which shall acquire any right, title, interest, claim or lien in, to, or upon any portion of the Property shall be deemed in all respects to have acquired such right, title, interest, claim or lien subject to the benefits and burdens established and created hereby to the same extent as if (i) such person or entity had agreed and consented to such Agreement by its joinder herein, or (ii) such Agreement had been specifically agreed and consented to in the instrument or instruments pursuant to which such right, title, interest, claim or lien was acquired, created, imposed or granted. D. Any notices required to be given or elected to be given by either of the parties pursuant to the terms of this Agreement shall be deemed effectively provided when placed in the United States Mail, certified return receipt requested, or placed in the hands of an overnight delivery service. As to the Developer: Lucie Rock, LLC Attn: Barry S. Goldmeier P.O. Box 279 Key Biscayne, FL 33149 With a Copy to: Dean, Mead, Minton and Zwemer Attn: W. Lee Dobbins P.O. BOX 2757 Fort Pierce, FL 34947 As to the County: St. Lucie County Board of County Commissioners F0151748.15 17 Packet Pg. 80 7.K.c I Attn: Chairperson 2 2300 Virginia Avenue 3 Ft. Pierce, Florida 34982-5652 4 5 With a copy to: St. Lucie County Attorneys' Office 6 Attn: County Attorney 7 2300 Virginia Avenue 8 Ft. Pierce, Florida 34982 9 10 E. This Agreement constitutes the complete and exclusive statement of 11 agreement between the parties with respect to the subject matter described 12 herein. This Agreement also supersedes all prior written and oral 13 statements; no representation, statement, condition, or warranty not 14 contained in this Agreement has any force or effect. 15 16 F. This Agreement and the rights of the parties hereunder are governed by, 17 interpreted, and enforced in accordance with the laws of the State of 18 Florida. Exclusive venue for any legal action brought to enforce or 19 interpret this Agreement shall be in the Circuit Court for the Nineteenth 20 Judicial Circuit, in and for St. Lucie County, Florida. 21 22 G. Common nouns and pronouns refer to the singular and plural. Any 23 reference to statutes or laws will include all amendments, modifications, 24 or replacements of the specific sections and provisions concerned. 25 26 H. All headings herein are inserted only for convenience and ease of 27 reference and are not to be considered in the construction or interpretation 28 of any provision of this Agreement. 29 30 I. If any provision of this Agreement is held to be illegal, invalid, or 31 unenforceable, such provision is fully severable. Upon such event, this 32 Agreement is to be construed and enforced as if such illegal, invalid, or 33 unenforceable provision had never comprised a part of this Agreement and 34 the remaining provisions of this Agreement will remain in full force and 35 effect. If any portion of this Agreement adopted pursuant to Chapter 163, 36 Florida Statutes, is held or declared to be void by a court of competent 37 jurisdiction, the Agreement shall be deemed to be and enforceable as a 38 home rule developer agreement in accordance with Florida law. 39 40 J. This Agreement is made solely and specifically among and for the benefit 41 of the parties hereto and their respective successors and assigns; no other 42 person has or will have any rights, interest, or claims hereunder or be 43 entitled to any benefits under or on account of this Agreement as a third 44 party beneficiary or otherwise. 45 F0151748.15 18 Packet Pg. 81 7.K.c 1 K. This Agreement may be executed in any number of counterparts, each of 2 which, when executed and delivered, shall constitute an original, and such 3 counterparts together shall constitute one and the same instrument. 4 Signature and acknowledgment pages, if any, may be detached from the 5 counterparts and attached to a single copy of this document to physically 6 form one document. 7 8 L. This Agreement shall be recorded in the Public Records of St. Lucie 9 County, Florida by the Developer within fourteen (14) days of its final 10 execution by the Chair of the County Commission. 11 12 M. This Agreement may be amended only by a subsequent written 13 instrument entered into and executed by the parties pursuant to the 14 procedures and requirements of the Act. 15 16 N. This Agreement may be amended or cancelled by mutual consent of the 17 parties. Prior to amending this Agreement, the Board shall hold two 18 public hearings consistent with the requirements of Section 11.08.02 of the 19 LDC. No further development permits that would result in the generation 20 of any additional required Level of Service impacts will be issued until a 21 Final Development Order has been issued. Any application for Final 22 Development Order, for a modification to a building, structure, or site 23 facility built or constructed in accord with the terms of this Agreement 24 shall be subject to any applicable St. Lucie County construction standard 25 or code in effect at the time the application is filed. All applications for 26 building permits shall comply with the building code in effect at the time 27 of application. 28 29 O. This Agreement shall be construed as the joint and equal work product of 30 the parties and shall not be construed more or less favorably on account of 31 its preparation. 32 33 P. This Agreement is a common law, as well as a statutory, agreement and 34 shall survive annexation of the Property by the City of Fort Pierce, 35 Florida. 36 37 38 ST. LUCIE COUNTY BOARD OF 39 COUNTY COMMISSIONERS 40 41 ATTEST: By: 42 Chairman 43 44 By: 45 Deputy Clerk 46 F0151748.15 19 Packet Pg. 82 7.K.c 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Approved as to correctness of form: County Attorney STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of 2013 by , as Chairperson of the ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, on behalf of the Board, who is personally known to me. (SEAL) F0151748.15 Print Name: Notary Public, State of Florida Commission No.: My Commission Expires: 20 Packet Pg. 83 7.K.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 Signed, sealed and delivered in the presence of: Print Name: Print Name: STATE OF FLORIDA COUNTY OF LUCIE ROCK, LLC, a Florida limited liability company By: Goldmeier (N.J.) Ltd., a Florida limited partnership, its sole member By: Goldmeier (N.J.) Corp., a Florida corporation, its General Partner UOIN Barry S. Goldmeier Vice President [CORPORATE SEAL] The foregoing instrument was acknowledged before me this day of 2013, by BARRY S. GOLDMEIER, as Vice President of Goldmeier (N.J.) Corp., a Florida corporation, as the General Partner of Goldmeier (N.J.) Ltd., a Florida limited partnership, as the sole member of Lucie Rock, LLC, a Florida limited liability company. Said person (check one) ❑ is personally known to me, ❑ produced a driver's license (issued by a state of the United States within the last five (5) years) as identification, or ❑ produced other identification, to wit: (SEAL) F0151748.15 Print Name: Notary Public, State of Florida Commission No.: My Commission Expires: 21 Packet Pg. 84 7.K.c I EXHIBIT "A" 2 3 LEGAL DESCRIPTION OF THE PROPERTY 4 5 6 PARCEL 1 7 THE SOUTH ONE-HALF OF THE SOUTHWEST ONE -QUARTER OF SECTION 2, 8 TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LESS 9 AND EXCEPT ALL RIGHTS -OF -WAY OF RECORD. 10 TOGETHER WITH: 11 PARCEL 2: 12 THAT PART OF THE NE 1/4 OF THE SW 1/4 OF SECTION 2, TOWNSHIP 35 13 SOUTH, RANGE 39 EAST, LYING SOUTHWESTERLY OF I-95 LESS AND 14 EXCEPT THE EAST 93 FEET AND THE SOUTH 60 FEET FOR ROAD AND 15 CANAL RIGHT-OF-WAY. ALL LYING AND BEING IN ST. LUCIE COUNTY, 16 FLORIDA. 17 TOGETHER WITH: 18 PARCEL 3: 19 FROM THE SOUTHEAST CORNER OF THE NW 1/4 OF THE SW 1/4 OF SECTION 20 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, RUN 21 NORTH 00008'13" WEST ALONG THE 1/4 1/4 SECTION LINE 60 FEET TO THE 22 POINT OF BEGINNING, THENCE CONTINUE NORTH 00-08'13"W 846.63 FEET 23 TO THE SOUTHERLY RIGHT-OF-WAY LINE FOR INTERSTATE 95 HIGHWAY; 24 THENCE RUN NORTH 60008'02" WEST ALONG SAID RIGHT-OF-WAY LINE 25 107.58 FEET; THENCE RUN NORTH 62°25'28" WEST 300.24 FEET; THENCE RUN 26 NORTH 60008'02" WEST 182.77 FEET; THENCE RUN SOUTH 00011'29" WEST 27 346.62 FEET; THENCE RUN SOUTH 60008'02" EAST 354.41 FEET; THENCE RUN 28 SOUTH 00008'13" EAST, 607.48 FEET; THENCE RUN NORTH 89°53'47" EAST, 210 29 FEET TO THE POINT OF BEGINNING. 30 BILLBOARD PARCEL: 31 BEING A PART OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 32 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, 33 BEING MORE FULLY DESCRIBED AS FOLLOWS: 34 COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF 35 THE SOUTHWEST 1/4, SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. F0151748.15 Packet Pg. 85 7.K.c 1 LUCIE COUNTY, FLORIDA THENCE N00°40'25"W ALONG THE 1/4 1/4 SECTION 2 LINE 904.94 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF INTERSTATE 3 HIGHWAY 95; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, 4 S60°50'22"E, 700.71 FEET TO THE POINT OF BEGINNING: THENCE S29°09'38"W, 5 125.00 FEET; THENCE S60°50'22"E, 125.00 FEET; THENCE N29°09'38"E, 125.00 6 FEET TO THE SAID SOUTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 7 95; THENCE N60°50'22"W ALONG SAID SOUTH RIGHT-OF-WAY LINE 125.00 8 FEET BACK TO THE POINT OF BEGINNING. 9 INGRESS/EGRESS EASEMENT: 10 BEING APART OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 11 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, 12 BEING MORE FULLY DESCRIBED AS FOLLOWS: 13 COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF 14 THE SOUTHWEST 1/4, SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. 15 LUCIE COUNTY, FLORIDA THENCE N00°40'25"W ALONG THE 1/4 1/4 16 SECTION LINE 904.94 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF 17 INTERSTATE HIGHWAY 95; THENCE ALONG SAID SOUTH RIGHT-OF-WAY 18 LINE S60050'22"E, 825.71 FEET TO THE POINT OF BEGINNING: THENCE 19 S29°09'38"W, 30.00 FEET; THENCE S60°50'22"E, 682.21 FEET TO THE WEST 20 RIGHT-OF-WAY LINE OF ROCK ROAD; THENCE ALONG THE SAID WEST 21 RIGHT-OF-WAY LINE OF ROCK ROAD N0004537"W, 34.61 FEET TO THE 22 SOUTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 95; THENCE 23 N60050'22"W ALONG THE SAID SOUTH RIGHT-OF-WAY LINE OF INTERSTATE 24 HIGHWAY 95 664.95 FEET BACK TO THE POINT OF BEGINNING. 25 F0151748.15 Packet Pg. 86 7.K.c 0A 9 F0151748.15 EXHIBIT "B" MASTER SITE PLAN Packet Pg. 87 C 0 J ._.... - ... ---� U131d aps JOfbW Xet s apuoN X4uno0 aion7 '�S U N I• ¢iy "g I04 / , I 1\ i i I I NMI pul yy� �C �Q¢ � � ° � QQoO Ti0 nyOb NNE-t4� UUUUU d 2 `� '21Py G m � � c` g�a .Rz•� 7 N 49$ a`c4 marnm 5 av� e1? a ,$o� E me dm� -0 mpLL jy °° 7 �3v » -0 m6LL �'° >°i°O a s: °o_ :E Bim m`mV E ps$ >° x a$ags -Ea 8 m,3°c LLc00ar.n °93c fill ° � O51 O C1 'M 8, 55"yy7'7 om's9 0-g s H I Ae ' $,°gg g e a ._. 9y 9 ° ;a aaa a €€ 4Y 4 Y 9 �.' 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(before a certificate of occupancy is issued for Lengthen the southbound to eastbound left turn lane (on any construction in excess of the first 500,000 square feet of construction on the Property, Rock Road) at the intersection of Orange Avenue and Developer shall make the following Rock Road, from 400 feet to 800 feet improvements): Provide for dual southbound to eastbound left turn lanes Greater than 1,000,000 S.F. at the intersection of Orange Avenue and Rock Road (one (before a certificate of occupancy is issued for lane to be a right turn, straight and left turn lane and the any construction in excess of the first 1,000,000 square feet of construction on the Property, e a Y lane) other lane to bleft turn only and dual 880 foot Developer shall make the following receiving lanes on Orange Avenue with appropriate improvements): tapers, as depicted on attached Exhibit "D". F0151748.15 Packet Pg. 93 7.K.c pil F0151748.15 EXHIBIT "D" SKETCH OF OFF -SITE TRAFFIC IMPROVEMENTS Packet Pg. 94 7.K.c Exhibit "D" I" o J. a o t, I . .e s • as F7 7N0o a _ kY b� Kp4 . ... OKti OQtn 10 U W •gyp' Z kS � £C 4 W Q s iU 3 G Ol 6-N . li ltlNVO� x ""�► U ,08 L. ,OS ,04f ra m - W ge F+i a' .. F .. FY V 81: Z -j .I' I W E Y age 1 of 3 Packet Pg. 95 Q 7.K.c d G E N ZAd E o 33 3' i F. 0 ; r ZO \ 0 Q FZW .wWOa. Zul �. x x r 30.: L zooAES YQ I, ' 00 of J F- �i u �•% U� �Z a� �I Z 0 m ' la _ d I � w W w J � A W i a C x 0 N — L \ a •� X JOM / $ C W�rT, L a UBL •094 3 G ..... E w sz I� I, E 0 U t Page 2 of 3' Packet Pg. 96 7.K.c `�n u a S o s a.l 4. t ta s s w WSO R it.b�.. Y: O¢� .ZOO ... '5i6 d S ~Z oI Q W n C I a r W W � Q Cl r/1 y tV W' $g 3 Q Z . _ iJ • 0 N All - i 3 - '� m �, s \ j4 h j s K b w W a I 3E I' a Pave 3 of 3' ^C W a Packet Pg. 97 7.M.1 ITEM NO. RES-2013- _ J i 133 DATE: 08/06/2013 COUNTY ` R I ID A AGENDA REQUEST *CONSENT AGENDA\PUBLIC WORKS TO: Board of County Commissioners PRESENTED BY: Laurie Waldie, Utilities Services Division Director SUBMITTED BY: Utilities Division SUBJECT: 2013 Revised Uniform Extension Policy BACKGROUND: The Uniform Extension Policy (UEP) for the St. Lucie County Water and Sewer District (District) establishes uniform policies and procedures for the provision of utility service by the District. These documents shall be reviewed and updated periodically by the District Board. Since the policies were revised in December, 2012, there were some updates and refinements that needed to be made. The Board approved these revisions effective February 1, 2013 with the request to discuss further with the St. Lucie County Chamber of Commerce's Government Affairs Committee (Chamber) representatives the one outstanding issue that the Chamber still had with this policy. After conversations and emails with the Chamber representatives we were able to reach agreement. Attached is a follow-up letter from the Chamber submitted to the District on the outstanding UEP policy. The Utility District appreciates the opportunity to work through the final issue with the Chamber representatives and is pleased we could reach consensus. Utility staff is recommending the following final revisions to the Uniform Extension Policy: Section 1.A.3 - Limited Refund Upon Denial of Zoning/Land Use Approvals (Clarified the language in regard to concerns with a possible Developer refund situation.) The page showing the revised section is attached. These adjustments have been made in consultation with the Utility consultant and County Attorney's office and will be reflected in the updated policy. Staff believes, and the Chamber concurs, that the concerns expressed have been addressed by the proposed changes to Section 1.A.3 of the Uniform Extension Policy. PREVIOUS ACTION: December 18, 2012 - BOCC approved Resolution 12-219 adopting the revisions to the Utility Packet Pg. 98 7.M.1 Service and Uniform Extension Policies for SLC Water & Sewer District with an effective date of February 1, 2013. October 23, 2012 - BOCC approved Resolution 12-173 adopting the revisions to the Utility Service and Uniform Extension Policies for SLC Water & Sewer District with an effective date of January 1, 2013. FINANCIAL IMPACT: N/A RECOMMENDATION: Board adoption of Resolution for the revision of Uniform Extension Policy within the St. Lucie County Water and Sewer District as outlined in the agenda memorandum and attached exhibit. COMMISSION ACTION: Coordination/Signatures 'P -V chae Powley, County Engi eer 7/24/2013 ia tre, i;SIMMCInt.ou t Attorne 7/24/2013 a eW. Outlaw Count Administrator 7 25 2013 /Y YY Y I / / i Updated: 7/24/2013 2:48 PM by Shane A. De Witt Page 2 Packet Pg. 99 7.M.1.a RESOLUTION A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SITTING AS THE COMMISSION OF THE ST. LUCIE COUNTY WATER AND SEWER DISTRICT, AUTHORIZING THE REVISIONS OF THE UNIFORM EXTENSION POLICY FOR CUSTOMERS WITHIN THE ST. LUCIE COUNTY WATER AND SEWER DISTRICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. c 0 A WHEREAS, pursuant to Ordinance No. 04-023, (the "District Ordinance") the a w St. Lucie County Board of County Commissioners ("Board") created the St. Lucie M County Water and Sewer District ("District") for the purpose of providing water, r 0 N wastewater, and reclaimed water service within the boundaries of the District; and w W WHEREAS, on October 23, 2012, in Resolution No. 12-173, the Board, sitting as the Commission of the St. Lucie County Water and Sewer District ("Commission") adopted the amended Uniform Utility Service and Extension Policies for the utility services furnished to the customers of the District with an effective date of January 1, 2013; and WHEREAS, on December 18, 2012, in Resolution No. 12-219, the Board, sitting as the Commission of the St. Lucie County Water and Sewer District ("Commission") adopted the amended sections of the Uniform Extension Policy for the utility services furnished to the customers of the District with an effective date of February 1, 2013; and WHEREAS, the Board, on the advise and recommendation of its utility staff and technical advisors has established the revision to the Uniform Extension Policy (Exhibit "1") for customers within the District and finds that such revisions are just and equitable and in the public interest. w&S District Revised UEP Resolution Packet Pg. 100 7.M.1.a NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, sitting as the Commission of the St. Lucie County Water and Sewer District: Section 1. ADOPTION OF 2013 REVISION TO THE UNIFORM EXTENSION POLICY FOR THE DISTRICT. The 2013 revision to the Uniform Extension Policy for customers within the St. Lucie County Water and Sewer District to c A be serviced by the District utility system is hereby adopted. a Section 2. SEVERABILITY. If any section, paragraph, sentence, clause, M phrase, or word of their Resolution is for any reason held by a court to be M T unconstitutional, inoperative, or void, such holding shall not affect the remainder of this N co w Resolution. Section 3. EFFECTIVE DATE. This Resolution shall become effective August 6, 2013 (the "Effective Date"). Section 4. ADOPTION. After motion and second, the vote on this Resolution was as follows: Chairman Tod Mowery Vice Chair Frannie Hutchinson Commissioner Chris Dzadovsky Commissioner Paula A. Lewis Commissioner Kim Johnson PASSED AND DULY ENACTED this 6th day of August, 2013. w&S District Revised UEP Resolution Packet Pg. 101 7.M.1.a ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONER ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney EXHIBIT "1" UNIFORM EXTENSION POLICY REVISION EFFECTIVE AUGUST 6, 2013 W&S District Revised UEP Resolution Packet Pg. 102 7.M.1.b ST. LUCIE Af COUNTY CHAMBER OF COMMERCE v ST. LUCIE COUNTY CHAMBER OF COMMERCE 2937 W Midway Road Fort Pierce, FL 34981 Phone: (772) 595-9999 Fax: (772) 595-9990 THE CHAMBER AT SEVEN GABLES HOUSE VISITOR CENTER 482 N. Indian River Drive Downtown Fort Pierce Phone: (772) 468-9152 www. STLUCIECHAMBER.ORG INFO(&STLUCIECHAMBER.ORG TOLL FREE -- 888 STLUCIE May 23, 2013 Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Commissioners: In December, 2012, the County held a public hearing for the adoption of Resolution 12-219 updating the Utility Service and Uniform Extension Policies with the St. Lucie County Water and Sewer District. As you may recall, the County excluded Item 3. Limited Refund Upon Denial of Zonina/Land Use Approvals, within the District Uniform Extension Policy from that resolution. Since that time, the Chamber's Governmental Affairs committee has been working with Laurie Waldie, Utility Director on revised language. On April 29, 2013, Ms. Waldie responded to our proposed changes to Item 3. The Chamber and the Utility Director have reached agreement on revised language as follows: New Revised Section 3: In the event that a Property Owner voluntarily requests to enter into an SDA with the District, and pays all of the applicable rates fees and charges due to the District pending a Development Approval, the District may enter into an SDA with an effective date as of the receipt by Property Owner of the Development Approval. If the Development Approval request is withdrawn, or Development Approval is denied by the St. Lucie County Board of County Commissioners (after all appeals periods have lapsed or if appealed all appeals have been denied), the SDA shall be terminated automatically and of no force and effect, and Property Owner shall request in writing that all fees previously paid to the District, for Capital improvements by and for the District only, by the Property Owner pursuant to the SDA, except the recording fee, the administrative review fees, and if applicable, any funds used to design, construct and inspect offsite facilities for the proposed development, providing the property owner directs the District to design, construct and inspect any offsite facilities related to the project, shall be refunded within ninety (90) days of receipt of written request by Property Owner. Reimbursable costs would be determined during the development of the SDA and referenced in Exhibit B Schedule of Fees. Under Special Packet Pg. 103 7.M.1.b May 23, 2013 Board of County Commissioners Page 2 Conditions in the SDA, if applicable, refund of Capital Connection Fees that may be required to be paid to a bulk supplier will be addressed. Under Special Conditions in the SDA, if applicable, requirements would be identified regarding any non-refundable capital requirements by Property Owner to service the project/property to be undertaken by the District prior to Development Approval. Existing SDA's that have received Development Approval and that are in compliance with the requirements of the Uniform Extension Policy, including payment of connection fees, guaranteed revenue fees and SDA renewal payments, as applicable, will not be required to pay retroactive connection fees. We appreciate the opportunity to work with Ms. Waldie on this important issue. If you have any questions, please feel free to contact us. Very truly yours, Jeff Emmeluth Chairman of the Board cc: Faye Outlaw, County Administrator Laurie Waldie, Utility Director Brad Currie, Divisional VP Government Affairs, Chamber Packet Pg. 104 7.M.1.c F.XHIRIT "1 " Uniform Extension Policy Final Revised Section 1.A: 1.A.3. Limited Refund Upon Denial of Zoning/Land Use Approvals In the event that a Property Owner voluntarily requests to enter into an SDA with the District, and pays all of the applicable rates, fees and charges due to the District pending a Development Approval, the District may enter into a SDA with an effective date as of the receipt by Property Owner of the Development approval. If the Development Approval request is withdrawn, or Development approval is denied by the St. Lucie County Board of County Commissioners (after all appeals periods have lapsed or if appealed, all appeals have been denied), the SDA shall be terminated automatically and of no force and effect, and Property Owner shall request in writing that all fees previously paid to the District, for Capital improvements by and for the District only, by the Property Owner pursuant to an SDA, except the recording fee, the administrative review fees, and if applicable, any funds used to design, construct and inspect offsite facilities for the proposed development, providing the Property Owner directs the District to design, construct and inspect any offsite facilities related to the project, shall be refunded within ninety (90) days of receipt of written request by Property Owner. Reimbursable costs would be determined during the development of the SDA and referenced in Exhibit B Schedule of Fees. Under Special Conditions in the SDA, if applicable, refund of Capital Connection Fees that may be required to be paid to a bulk supplier will be addressed. Under Special Conditions in the SDA, if applicable, requirements would be identified regarding any non-refundable capital requirements by Property Owner to service the project/property to be undertaken by the District prior to Development Approval. Existing SDA's that have received Development Approval and that are in compliance with the requirements of the Uniform Extension Policy, including payment of connection fees, guaranteed revenue fees and SDA renewal payment, as applicable, will not be required to pay retroactive connection fees. 8/06/2013 Packet Pg. 105 ITEM NO. (ID # 1397) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: Michael Powley, County Engineer Engineering MSGS Holding, LLC DATE: 08/06/2013 *CONSENT AGENDA\PUBLIC WORKS MSGS Holding, LLC, developer of St. Lucie Veterinary Clinic, was granted minor site plan approval on December 3, 2009 (GM Order 09-023). The project is located at the southeast corner of US Highway 1 and Dyer Road. As a condition of approval, the developer was required to improve Dyer Road along his property line to County standards. The improvements constructed include sidewalks, drainage swales and paving of Dyer Road within his frontage. Staff has monitored the construction throughout and find it acceptable. The developer's engineer has submitted a certification of completion and record drawings. The developer has executed the Maintenance Agreement. Staff has reviewed the written documentation and field verified the constructed improvements. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Board approval of the conditional acceptance of the off -site improvements and Maintenance Agreement, authorize release of surety in the amount of $81,798.50, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 106 Coordination/Signatures WchaeT Powley, County Engi eer 7/23/2013 t�a-niqf S. McIntyre, ouy y Attorney 7/24/2013 aye W. Outlaw, County Administrator 7/25/2013 Updated: 7/22/2013 2:32 PM by Linda Buchanan A Page 2 Packet Pg. 107 7.M.2.a MAINTENANCE AGREEMENT THIS AGREEMENT made and entered into this day of July, 2013, by and between MSGS HOLDING, LLC (the "Developer") and PAUL JACQUIN & SONS, INC. (the "Contractor") and ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida (the "County"). WITNESSETH: WHEREAS, the Developer intends to construct a portion of Dyer road together with concrete sidewalks and drainage improvements (the "Improvements") and convey ownership and maintenance responsibility to the County; and WHEREAS, as a condition for the acceptance of the Improvements by the County, the Developer has agreed to post security in a form acceptable to the County Attorney in the amount of fifteen percent (15%) of the approved cost of the Improvements for a period of at least one (1) year and thirty (30) days from the date of conditional acceptance of the Improvements by the County. NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: 1. SECURITY. The Developer agrees to provide the County with security in a form acceptable to the County Attorney, in the amount of Twelve thousand Two hundred Sixty-nine dollars and seventy eight cents ($12,269.78), representing fifteen percent (15%) of the cost of the Improvements as submitted by the Developer's engineer and approved by the County Engineer and as are more particularly set forth on those certain plans for construction improvements drawn by the Developer's engineers, Friscia Engineering, Inc. dated April 13, 2011. This amount shall be retained for a period of one (1) year and thirty (30) days from the date of conditional acceptance as described below to provide for maintenance of the Improvements to be dedicated to the public and to indemnify and save the County harmless from any and all costs necessary to repair or replace any part or portion of the Improvements occasioned by faulty engineering, workmanship, or materials. 2. SUPERVISION OF CONSTRUCTION. The Improvements shall be constructed under the supervision of the Developer's engineer in full compliance with the specifications and requirements of St. Lucie County, and when complete, Developer's engineer shall furnish the County Engineer with a certificate of satisfactory completion for approval. 3. CONDITIONAL ACCEPTANCE. Upon completion of the construction of the Improvements, the Developer's engineer shall certify that the Improvements have been constructed in accordance with applicable County requirements. When the improvements have been certified by the Developer's engineer, the County Engineer shall inspect the improvements and review the construction and supporting test/control data furnished by the Developer's 1 Packet Pg. 108 7.M.2.a engineer. If all required improvements are completed to the satisfaction of the County Engineer, the County Engineer shall confirm this in writing to the St. Lucie County Board of County Commissioners and recommend that the Improvements be conditionally accepted. 4. RELEASE OF SECURITY. One year from the date the Improvements are conditionally accepted by the Board of County Commissioners, the Developer shall contact the County Engineer for a joint inspection with the Developer's Engineer. If deficiencies appear, the Developer shall correct all deficiencies in an approved manner, except those damages that are not a result of design or construction deficiencies. If the required corrective action cannot be completed by the one year and 30 day expiration date, the County may so notice the Developer that the required security will not be released until all necessary corrective actions have been completed and approved by the County. When all corrections have been made, the County Engineer shall so inform the Board. The Board of County Commissioners shall then act on release of remaining development security, and final acceptance of the Improvements. 5. 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 Agreement, 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. 2 Packet Pg. 109 7.M.2.a (THE NEXT PAGE IS THE SIGNATURE PAGE) IN WITNESS WHEREOF, the parties have caused this agreement to be made and entered into the day and year first written. WITNESSES: I: • PRINT: TITLE: BY: PRINT: TITLE: ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 3 Packet Pg. 110 F�F�z I 1^ FNGIN�r- R"GG 459 N.W. Prima Vista Blvd. • Port St. Lucie, FL 349e3 , C772) 340-4990 a Fax (772) 340-7996 Emsl: frrsciaerg@comcestr et May 23, 2013 Patrick Dayan St. Lucie County Engineering Department 2300 Virginia Ave. Fort Pierce, FL 34982-5652 Re: St. Lucie Veterinary Hospital & Emergency Clinic SEC U.S. A & Dyer Road --- St. Lucie County As -Built Certification Dear Mr. Dayan: This letter is to certify that construction of the subject project has been completed in substantial conformance with the approved plans. We have inspected the construction of the project throughout its duration. An as -built survey is attached. The material test results were submitted earlier. The following deviations are noted: 1. An uncharted culvert was uncovered at the driveway east of the site on the south side of Dyer Road, The culvert was replaced and the Swale modified. 2. The sidewalk on the south side of Dyer Road was designed with a bend to avoid an existing wooden pole. The pole is no longer there and the sidewalk was constructed without the bend. 3. The culvert for the driveway on the north side of Dyer road on the west end was lowered. This resulted in adding a culvert with mitered end section at the northeast corner of the existing ditch inlet. If you h e any questions, please call. Sincere , Jo h T. Friscia, P.E. Attachments (2): 1. As -built Survey (2 copies) 2. As -built Survey (CD) cc: File 9-1179sle.doc (w/att) 7.M.2.a U) ti M Site Plans • Water & Wastewater System Design • Drainage Plans - Permitting Packet Pg. 111 ITEM NO. (ID # 1437) TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Toby Long, Director Sheriff's Office DATE: 08/06/2013 *CONSENT AGENDA\SHERIFF'S OFFICE Evidence and Vehicle Protective Storage Building In recent years there has been a growth in the volume of evidence and especially vehicles seized. Some of this evidence must be kept for years. The Sheriff currently has no ability to adequately protect large evidence and vehicles from the ravages of the weather. This has resulted in the Sheriff's Office incurring costs to repair and refurbish assets that were being held pending the outcome of court cases that can drag on for years. There is a need for covered storage to protect these items. The covered area will be approximately 27,000 square feet. The Sheriff intends to use inmate labor to reduce the cost of the project. The Sheriff's staff has been working with County staff on this project and the site plan has been submitted. It is expected that the building permit will be issued in four to six weeks. There are sufficient funds in the Law Enforcement Impact Fee Fund to cover the estimated $275,000 cost of the project. PREVIOUS ACTION: N/A FINANCIAL IMPACT: The current balance in the Law Enforcement Impact Fee fund is $1,096,945. Consequently there are suffcient funds to construct the proposed storage building. RECOMMENDATION: Staff recommends approval of the Sheriff's request to construct a covered storage building and the transfer of Law Enforcement Impact Fees in the amount of $275,000. COMMISSION ACTION: Packet Pg. 112 Coordination/Signatures 'i- �—. CII-Az" n J. cars, Sheriff 7/25/2013 Marie do D 7/29/2013 % r ianiQlS.y Attorney 7/30/2013 ob entkof y, As ista it ounty Admir,i rato/�/2013 Updated: 7/30/2013 2:24 PM by Bob Bentkofsky Page 2 Packet Pg. 113 7.N.a *beri#f KEN J. MASCARA Telephone: (772) 462-3200 • Fax: (772) 489-5851 4700 West Midway Road • Fort Pierce, Florida 34981 July 23, 201 Mr.. Todd Nlowery. Chairman St. Lucie County Board of County Commission 2:300 Virginia Ave[hue Fart; Pierce. FL 34982 Ref: Evidence and Vehicle- Protective sWrage Dear (chairman Mowery - In recent years there has been a growth in the volume of evidence and especially vehicles seized. Some of this evidence must be kept for years. The Sheriff currently has no ability to adequately protect large eti,gdenee and vehicles from the ravages of the weather. This has resulted in the Sheriffs Office incurring costs to repair and refurbish assets that were- being held. pending the outcome of court cases that can dreg on for sears. There is a legal. responsibility to prot.c:c°t, assets in the Sheriffs custody. There is a need for covered storage to protect these iteins. The covered area will be approximately 27,000 square feet. The Sheriff intends to use inrnate tabor to reduce the cost of the project. The Sheriffs staff has been working with County staff on this prniect and the site plan has been submitted. It is expected that the building permit will be issued in four to six weeks. The projected. cost fc,r the project is $275,000, there are sufficient fund~ in Law Enforcement Impact. Nees to eove.r the cost, of the project. Sincerely, I% n J. MaLara �herrff' of, Packet Pg. 114 TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Peter Buchwald, Executive Director Transportation Planning Organization 7.P.1 ITEM NO. RES-2013- 134 DATE: 08/06/2013 *CONSENT AGENDA\T RA N S PO RTATI O N PLANNING ORGANIZATION Resolution - Approval of Transportation Disadvantaged Planning Grant The St. Lucie Transportation Planning Organization (TPO) has received notification of funding for the Transportation Disadvantaged Planning Grant. The amount of funds to be received by the TPO are $24,923. Because the St. Lucie TPO account is within the budgetary system of the County, the County is required by Florida Statute Section 129.06(d) to amend the County budget by resolution for the receipt of the grant funds on behalf of the St. Lucie TPO. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Since these Grant funds were not anticipated in FY 13, funding is not appropriated in the FY 13 adopted budget. Therefore, a budget needs to be established to expend these funds. Matching funds are not required. Funds will be made available in the Transportation Disadvantaged Planning Grant fund (001454-1540-334491-100). RECOMMENDATION: Board approval of Budget Resolution in the amount of $24,923 to amend the County budget for receipt of Transportation Disadvantaged funds on behalf of the St. Lucie TPO. COMMISSION ACTION: Packet Pg. 115 7.P.1 Coordination/Signatures C,,AI,4 J,,� Marie do#1 Vl� 7/30/2013 r t�a-niqf S. McIntyre, ou y Attorney 7/30/2013 bob Yen tkof y, AAistafllt Admiui ratot/. ,/2013 Updated: 7/25/2013 8:51 AM by Shane A. De Witt Page 2 Packet Pg. 116 7.P.1.a RESOLUTION WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of a grant from the Transportation Commission in the amount of $24,923 for the Transportation Disadvantaged Planning Grant. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 6th day of August, 2013, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2012-2013, and the County's budget is hereby amended as follows: REVENUE 001454-1540-334491-100 Transportation Disadvantage Comm. $24,923 APPROPRIATIONS 001454-1540-599330-100 Project Reserves $24,923 After motion and second the vote on this resolution was as follows: Commissioner Tod Mowery, Chairman XXX r Commissioner Frannie Hutchinson, Vice Chair XXX r Commissioner Chris Dzadovsky XXX N Commissioner Paula Lewis XXX w Commissioner Kim Johnson XXX PASSED AND DULY ADOPTED THIS 6TH DAY OF AUGUST 2013. 0 ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA m BY: E t CHAIRMAN w r Q APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 117 7.P.1.b Fiorido Commission For tha July 2, 2013 Transportation Disadvantaged Mr. Peter Buchwald Rick Scott St. Lucie Metropolitan Planning Organization Governor 2300 Virginia Avenue David Darm Fort Pierce, Florida 34982 Chairperson Re: 2013-14 Planning Grant Agreement #AR279 (St. Lucie County) Mike Willingham Vice Chairman Dear Mr. Buchwald: Steven Holmes Executive Director Enclosed is your copy of the fully executed grant agreement for the above referenced project. Consider this letter to be your authorization to proceed and begin incurring project costs, effective the execution date of this agreement. Please also find attached a form letter that is to be completed as appropriate and forwarded to all subcontractors providing service funded by Transportation Disadvantaged Trust Fund moneys. Distribution of the letters to subcontractors should coincide with the execution date of the grant. Thank you for your continued support of the Transportation Disadvantaged Coordinated System. Please contact John Irvine at (850) 410-5712 if you have any questions concerning this project. Sincerely, T6�oetj Sheri Powers Area 5 Project Manager Enclosure: Executed Agreement Sample Subcontractor Letter cc: DOT Comptroller Elmer Melendez, Financial Services Manager 605 Suwannee Street, MS•49 w Tallahassee, FL 32399-0450 Phone: (850) 410.5700 w Toll Free: (800) 983.2435 r.) Fax: (850) 410-5752 www.dot.state.fl.uslctd Packet Pg. 118 7.P.1.c FMJJOB No(s). 43202911401 CONTRACT NO. AGREEMENT DATE ed613 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES: PLANNING This exhibit forms an integral part of that Grant Agreement, between the State of Florida, Commission for the Transportation Disadvantaged and _ St. Lucie Metropolitan Planning Organization dba St. Lucie TPO, 2300 Virginia Avenue, Fort Pierce, Florida 34982 I. PROJECT LOCATION: St. Lucie County II. PROJECT DESCRIPTION: This project provides for the accomplishment of the duties and responsibilities of the Metropolitan Planning Organization or Designated Official Planning Agency as set forth in Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, Commission policies and the Program Manual for Transportation Disadvantaged Planning Related Services as revised on May 14, 2013. The project period will begin on the date of this agreement and will end on the date indicated in Article 18.00 hereof. Specific required tasks are as follows: I. PROJECT LOCATION: II. PROJECT DESCRIPTION: This project provides for the accomplishment of the duties and responsibilities of the Metropolitan Planning Organization or Designated Official Planning Agency as set forth in Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, Commission policies and the Program Manual for Transportation Disadvantaged Planning Related Services as revised on May 14, 2013. The project period will begin on the date of this agreement and will end on the date indicated in Article 18.00 hereof. Specific required tasks are as follows: TASK 1: Weighted value= 17% Jointly develop and annually update the Transportation Disadvantaged Service Plan with the community transportation coordinator and the local coordinating board. Deliverable: Complete Transportation Disadvantaged Service Plan or annual updates. Due prior to the end of grant agreement period (June 30) and pursuant to the Commission's latest instructions for the Memorandum of Agreement and the Transportation Disadvantaged Service Plan, TASK 2: A. When necessary and in cooperation with the local coordinating community transportation coordinator, in conformity with Chapters Such recommendation shall be presented to the Commission by designee as needed TD Planning Grant Agreement Form Rev. 5/14/2013 Weighted value= 15% board, solicit and recommend a 287 and 427, Florida Statutes. Planning Agency staff or their Page 19 of 26 Packet Pg. 119 7.P.1.c OR B. Provide staff support to the local coordinating board in conducting an annual evaluation of the community transportation coordinator, including local developed standards as delineated in the adopted Transportation Disadvantaged Service Plan. Assist the Commission for the Transportation Disadvantaged in joint reviews of the community transportation coordinator. Deliverable: A. Planning Agency's CTC recommendation letter and signed resolution from the Planning Agency. B. LCB and Planning Agency selected CTC evaluation worksheets pursuant to the most recent version of the Commission's CTC Evaluation Workbook (at a minimum, addressing Competition, Cost -Effectiveness and Efficiency, and Level of Coordination). TASK 3: Weighted value= 401% Organize and provide staff support and related resources for at least four (4) local coordinating board meetings per year, holding one meeting during each quarter. LCB meetings will be held in accordance with the Commission's most recent Local Coordinating Board and Planning Agency Operating Guidelines and will include at least the following: Agendas for local coordinating board meetings. Where applicable, operator payments should be addressed as a standard agenda item for each meeting. 2. Official minutes of local coordinating board meetings and committee meetings (regardless of a quorum). A copy will be submitted along with the quarterly report to the Commission. Minutes will at least be in the form of a brief summary of basic points, discussions, decisions, and recommendations. Records of all meetings shall be kept for at least five years. 3. A current full and active membership of voting and non -voting members to the local coordinating board. Any time there is a change in the membership, provide the Commission with a current membership roster and mailing list of local coordinating board members. 4. A report of the LCB membership's attendance at the last 4 consecutive LCB meetings (not committee's). Provide staff support for committees of the local coordinating board. Provide public notice of local coordinating board meetings in accordance with the most recent Local Coordinating Board and Planning Agency Operating Guidelines. Provide program orientation and training for newly appointed local coordinating board members. Deliverable: LCB Meeting agendas; minutes; membership roster; attendance report; public notice of meetings; training announcement and agenda. TD Planning Grant Agreement Form Rev. 5/14/2013 Page 20 of 25 Packet Pg. 120 7.P.1.c TASK 4: Provide at least one public hearing annual Commission, as requested, in co -sponsorin g Deliverable: Public Hearing agenda and minutes of related hearing only. The agenda and minutes should be separate documents and should not be included in the local coordinating board meeting agenda and minutes, if held on the same day. Minutes may reflect "no comments received" if none were made. TASK 5: Weighted value=40/o Develop and annually update by-laws for local coordinating board approval. Deliverable: Copy of LCB approved By -Laws with date of update noted on cover page. TASK 6: Weighted value=4% Develop, annually update, and implement local coordinating board grievance procedures in accordance with the Commission's most recent Local Coordinating Board and Planning Agency Operating Guidelines. Procedures shall include a step within the local complaint and/or grievance procedure that advises a dissatisfied person about the Commission's Ombudsman Program. Deliverable: Copy of LCB approved Grievance Procedures with date of update noted on cover page. TASK 7: Weighted value=4% Review and comment on the Annual Operating Report for submittal to the local coordinating board, and forward comments/concerns to the Commission for the Transportation Disadvantaged. Deliverable: Cover Page of Annual Operating Report, signed by LCB Chair. TASK 8: Weighted value=4% Research and complete the Actual Expenditures Report for direct federal and local government transportation funds to the Commission for the Transportation Disadvantaged no later than September 15th. Complete the Actual Expenditure Report, using the Commission approved forms. Deliverable: Complete Actual Expenditure Report in accordance with the most recent Commission's instructions. TASK 9: Weighted value=4% Develop and provide the local coordinating board with quarterly progress reports of transportation disadvantaged planning accomplishments and planning contract deliverables as outlined in the planning grant agreement and any other activities related to the transportation disadvantaged program, including but not limited to, consultant contracts, special studies, and marketing efforts. TD Planning Grant Agreement Form Rev. 5/14/2013 Page 21 of 26 Packet Pg. 121 7.P.1.c Deliverable: Complete Quarterly Progress Reports submitted with invoices. TASK 10: Weighted value=4% Attend at least one Commission sponsored training, including but not limited to, the Commission's regional meetings, the Commission's annual training workshop, or other sponsored training. Deliverable: Documentation related to attendance at such event(s). 111. Special Considerations by Planning Agency: Not Applicable IV. S ecial Considerations by Commission: Not Applicable TD Planning Grant Agreement Form Rev. 5/14/2013 Page 22 of 26 Packet Pg. 122 7.P.1.d FM/30B No(s). 43202911401 CONTRACT NO. AGREEMENT DATE `uI EXHIBIT "B" PROJECT BUDGET AND CASHFLOW This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and St. Lucie Metropolitan Planning Organization dba St. Lucie TPO, 2300 Virginia Avenue, Fort Pierce, Florida 34982. I. PROJECT COST: Estimated Project Cost shall conform to those eligible Costs as indicated by Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, Commission policies, and the Program Manual for Transportation Disadvantaged Planning Related Services as revised on May 14, 2013. For the required services, compensation shall be the total maximum limiting amount of $ 24,923.00 for related planning services in St. Lucie County(ies) Task 1 17% $ 4,236.91 Task 2 15% $ 3,738.45 Task 3 40% $ 9,969.20 Task 4 4% $ 996.92 Task 5 4% $ 996.92 Task 6 4% $ 996.92 Task 7 4% $ 996.92 Task 8 4% $ 996.92 Task 9 4% $ 996.92 Task 10 4% $ 996.92 TOTAL: 100% $24,923.00 II. SOURCE OF FUNDS Commission for the Transportation Disadvantaged State Funds (100%) $24,923.00 Total Project Cost $24,923.00 III. CASH FLOW — Not applicable. Grantee will be paid based on satisfactory performance of each task detailed in Exhibit A. Jul Aug Sep Oct Nov Dec Jan Feb Mar FY 13/14 TD Planning Grant Agreement Form Rev. 5/14/2013 Apr May June Page 23 of 26 Packet Pg. 123 7.P.2 ITEM NO. (ID # 1442) TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Peter Buchwald, Executive Director Transportation Planning Organization Approval of Federal Metropolitan Authorization for FY 12/13 DATE: 08/06/2013 *CONSENT AGENDA\T RA N S PO RTATI O N PLANNING ORGANIZATION Planning Grant Fourth The St. Lucie Transportation Planning Organization (TPO) has been granted a fourth authorization of planning funds in the amount of $145,573. These funds were budgeted in the Unified Planning Work Program (UPWP) of the TPO for FY 12/13. PREVIOUS ACTION: August 7, 2012 - BOCC approval of the First Authorization of PL planning funds in the amount of $125,519 for FY 12/13 October 16, 2012 - BOCC approval of the Second Authorization of PL planning funds in the amount of $173,113 for FY 12/13 April 2, 2012 - BOCC approval of the Third Authorization of PL planning funds in the amount of $436,718 for FY 12/13 FINANCIAL IMPACT: Since these Grant funds were anticipated in FY 13, funding is currently appropriated in the FY 13 adopted budget. Matching funds are not required. Funds are available in the TPO Metropolitan Planning (PL) Grant fund 001547-1540-334491-100. RECOMMENDATION: Board approval of Federal Metropolitan Planning Grant Fourth Authorization for $145,573 for FY 12/13 COMMISSION ACTION: Packet Pg. 124 7.P.2 Coordination/Signatures C,,AI,4 J,,� Marie do#1 Vl� 7/30/2013 r t�a-niqf S. McIntyre, ou y Attorney 7/30/2013 bob Yen tkof y, AAistafllt Admiui ratot/. ,/2013 Updated: 7/25/2013 8:49 AM by Shane A. De Witt Page 2 Packet Pg. 125 7.P.2.a Florida beparhnent a, f Transpartadon RICK SC(Y f 3400 West Commercial Boulevard ANANTff PRASAD, P.E. QOVERNOR Fort Lauderdale, FL 33309 $ECOLTARY June 3, 2013 The Honorable JaAnn Faiella, Chairperson St. Lucie Transportation Planning Organization 466 SW Port St. Lucie Blvd, Suite 111 Port St. Lucie, FL 34953 SUBJECT: St. Lucie Transportation Planning Organization (TPO) FY 2012/"13 Unified Planning Work Program O"P) FM No. 423604-1-14-01; Contract No. A3115; F.A. Program No. PL-0311(49) Dear Ms. Faielia: The St. Lucie TPO is authorized to expend up to an additional $145,573 of Federal Metropolitan Planning (PL) Funds for the UPWP covering the time period from July 1, 2012 through June 30, 2013. This is the fourth and final authorization of PL funds budgeted for the FY 12113-13/14 UP WP. • 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, Gerry Iffy, P.E. Director of Transportation Development District Four GO/art cc: Peter Buchwald, TPO (via email) LeeAnn Jacobs, FHWA (via email) Yvonne Arens, FDOT (via email) Lac Calhoun, FDOT (via email) Nancy Ziegler, FDOT District Four (via. email) Jeff Weidner, FDOT District Four (via email) Antonette Adams, FDOT District Four (via email) Nikye Joseph, MOT District Four (via email) Arlene Tanis, FDOT District Four (via email) www.dot.state.fl.us Packet Pg. 126 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Jeffrey Johnson, Senior Planner SUBMITTED BY: Planning Division 8.A.1 ITEM NO. RES-2013- 135 DATE: 08/06/2013 *PUBLIC HEARINGS SUBJECT: Conditional Use Permit Request - All Florida Truck Sales, Inc. for auto body repair services located approximately 1/2 mile south of Midway Road on the east side of US Highway No.1 - Quasi - Judicial BACKGROUND: This Conditional Use Permit for All Florida Truck Sales Inc. was submitted on May 31, 2013 to allow for auto body repair services on a 3.39-acre parcel located approximately '/z mile south of Midway Road, on the east side of US Highway 1. The property received initial site plan approval from the County on October 14, 1986 for an automobile dealership with auto repair services for the project known as Moody Acura. This site plan was constructed as approved but is now vacant. The applicant is requesting to occupy the existing vacant service and repair of vehicles. All auto body and re conducted in five (5) existing service bays totaling 5,765 dust, smoke and odor impacts. Applicable County inspections are required to assure compliance with the hazardous materials. 11,150 s.f. building for the sales, pair services are required to be s.f. in order to reduce any noise, and State permits, licenses and storage, handling and disposal of The applicant conducted a neighborhood meeting on July 8, 2013. This informational meeting was attended by four area property owners without any objection. At the July 18, 2013 public hearing on this matter, the Planning and Zoning Commission unanimously recommended approval of the request to the Board of County Commissioners. There was no public comment. Staff recommends the Board adopt the attached Resolution approving a Conditional Use Permit. PREVIOUS ACTION: July 18, 2013 - Planning and Zoning Commission voted unanimously to forward a recommendation of approval to the Board of County Commissioners. FINANCIAL IMPACT: Packet Pg. 127 8.A.1 N/A RECOMMENDATION: Board adoption of a Resolution approving a Conditional Use Permit. COMMISSION ACTION: Coord i nation / Sig natures . -?" � , /" <,W/ c M rk t rl e, Plpdning 8CD v Directo 7/24/2013 ani i S. McInt re ou Attorney 7 25 2013Fa—ye W. Outlaw Count Administrator 7 25 2013 Y ,/t- Y Y I IY I I Updated: 7/29/2013 8:02 AM by Jeffrey Johnson Page 2 Packet Pg. 128 8.A.1.a Hearing Date: Tuesday August 6, 2013 Applicant All Florida Truck Sales, Inc. — Kenneth Oresky 18185 N. Highway 301 Citra, FL 32113 Agent Land Design South of Florida, Inc. - Brad Currie 501 SE PSL Boulevard PSL, FL 34984 Future Land Use COM, Commercial Existing Zoning CG, Commercial General Request Proposed conditional use permit for motor vehicle repair and auto body repair services as an accessory use to vehicle sales. Staff Jeffrey Johnson Senior Planner johnsonj@stlucieco.org (772) 462-1580 File Number CU 620134629 L 1 rNTY F LORI DA-446 All Florida Truck Sales, Inc. Conditional Use Permit Location: 5390 South US Highway No. 1 Project Description A Conditional Use Permit for All Florida Truck Sales, Inc. to conduct auto body repair services in conjunction with vehicle sales and repair services. The subject 3.39- acre property is located on the east side of South U.S. Highway No. 1, north of NSLRWMD Canal No. 18. The property consists of an existing 11,150 s.f. building that is vacant. All repair services will be conducted indoors. There are no exterior improvements proposed for the subject property, with the exception of some enhancements to landscaping and the parking lot. Notice Requirements Public hearing notice in accordance with Section 11.00.03 of the Land Development Code was placed in the St. Lucie News Tribune on July 25, 2013, letters were mailed to property owners within a 500 foot radius and a sign placed on the property. Recommendation The Planning and Zoning Commission met on July 18, 2013 and recommends unanimous approval of this request to the Board. There was no public comment. Staff recommends that the Board of County Commissioners adopt the Draft Resolution approving this request. Packet Pg. 129 8.A.1.b Resolution No. _ File No.: CU 620134629 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR AUTO BODY REPAIR SERVICES IN THE CG (COMMERCIAL GENERAL) ZONING DISTRICT FOR PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. 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: All Florida Truck Sales, Inc. presented a petition for a Conditional Use Permit to allow for auto body repair services in the CG (Commercial General) Zoning District for the property depicted on the attached map in Exhibit "A" and described in Part B below. 2. On October 14, 1986 via Resolution No. 86-226, the subject property received site plan approval from the St. Lucie County Board of County Commissioners for a 11,150 s.f auto dealership with repair services called Moody Acura Auto Agency. On July 18, 2013 the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property and recommended that the Board of County Commissioners approve the hereinafter described request for a Conditional Use Permit in the CG (Commercial General) Zoning District for the property described in Part B. 4. On August 6, 2013 this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. The proposed Conditional Use Permit, with the conditions therein, is consistent with the goals, objectives and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land Development Code. FINDINGS OF FACT Based on the evidence presented and also based upon the inclusion of the conditions of approval as set forth below in this resolution, the Board of County Commissioners finds as follows: August 6, 2013 File No.: CU 620134629 Page 1 Resolution No. XXXX Packet Pg. 130 8.A.1.b The proposed project is consistent with the goals, objectives and policies of the Future Land Use Element of the St. Lucie County Comprehensive Plan, and, subject to the conditions contained in this resolution, meets the technical requirements of the St. Lucie County Land Development Code. 2. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, and other matters affecting the public health, safety, and general welfare. All reasonable steps have been taken to minimize any adverse effect on the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 4. The proposed project is constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, having made the findings of fact set forth above, makes the following conclusions of law: A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a Conditional Use Permit to allow for the operation of auto body repair services in the CG (Commercial General) Zoning District, at the location described in Part B, and depicted on the map attached as Exhibit A, is hereby approved subject to the following conditions: 1. The hours of operation for auto body repairs shall be limited to Monday through Friday - 8:00 a.m. to 5:00 p.m., and Saturday — 8:00 a.m. to 1:00 p.m. 2. All vehicle repairs and service shall be conducted indoors. 3. Prior to the Issuance of a Certificate of Occupancy, the vehicular use areas shall be maintenance free of weeds and potholes. New pavement markings shall be provided. 4. Prior to the issuance of a Business Tax License, the applicant shall notify the St. Lucie County Solid Waste Division and coordinate the required storage and disposal of hazardous materials and waste, and pollution prevention measures in accordance with the requirements in the Florida Statutes. 5. Prior to the issuance of a Certificate of Occupancy, the applicant, successors or assigns shall maintain all required permits and licenses from the Department of Environmental Protection, the St. Lucie County Health Department and other applicable federal, state and local agencies. August 6, 2013 Resolution No. XXXX File No.: CU 620134629 Page 2 Packet Pg. 131 8.A.1.b 6. Prior to the issuance of a Certificate of Occupancy, all invasive exotic vegetation located within the project boundary shall be removed (LDC Section 7.09.05). 7. Prior to the issuance of a Certificate of Occupancy, the applicant shall install the required landscaping in order to be consistent with the October 2, 1986 approved Landscape Plan. 8. The County's issuance of development approval does not constitute compliance with any federal and state requirements. Applicable, federal and state approvals/permits are required prior to the commencement of any development activity (i.e. clearing, grading, removing structures, etc.). The responsibility for contacting federal and state agencies, procuring permits/approvals and compliance with applicable laws are the sole responsibility of the applicant. 9. Per Section 125.022, Florida Statutes, the issuance of development approval 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 undertakers actions that result in a violation of state or federal law. 10. Copies of all applicable state or federal permits/written approvals are required by the County prior to issuance of a Vegetation Removal Permit and any development activity. B. The subject property is described as follows: PARCEL 1: THE NORTH 73 FEET OF THE SOUTH 304 FEET OF THE SW 1/4 OF THE SW 1/4 OF THE SE 1/4, OF SECTION 3, TOWNSHIP 36 SOUTH, RANGE 40 EAST; AND PARCEL 2: THE SOUTH 231 FEET OF THE SW 1/4 OF THE SW 1/4 OF THE SE 1/4, OF SECTION 3, TOWNSHIP 36 SOUTH, RANGE 40 EAST. TAX ID NUMBER: 3403-433-0009-000-9 C. The approvals and authorizations granted by this Resolution are for the purpose of obtaining a Building Permit or Zoning Compliance from St. Lucie County. D. The approvals and authorizations granted by this Resolution shall expire on August 6, 2014, unless a Building Permit or Certificate of Zoning Compliance is obtained for the uses described in Part A above, or an extension has been granted in accordance with Section 11.07.05(F), St. Lucie County Land Development Code. August 6, 2013 File No.: CU 620134629 Page 3 Resolution No. XXXX Packet Pg. 132 8.A.1.b After motion and second, the vote on this Resolution was as follows: Tod Mowery, Chairman XXX Frannie Hutchinson, Vice -Chair XXX Chris Dzadovsky, Commissioner XXX Paula A. Lewis, Commissioner XXX Kim Johnson, Commissioner XXX PASSED AND DULY ADOPTED this 6th day of August, 2013. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA m ATTEST: Chairman APPROVED AS TO FORM AND CORRECTNESS: DEPUTY CLERK COUNTY ATTORNEY August 6, 2013 File No.: CU 620134629 Page 4 Resolution No. XXXX c 0 0 N d U U O m r c a� E c� Q Packet Pg. 133 8.A.1.b August 6, 2013 File No.: CU 620134629 Page 5 Exhibit A Site Location Map All Florida Truck Sales Midway Rd CU-620134629 L 0 C CO C CO U 7 m Smallwood Ave �I Subject Property Tropical"Isles Way N k Resolution No. XXXX Packet Pg. 134 8.A.1.c AGENDA REQUEST ITEM NO. DATE: REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT III -A 07/18/13 TO: PLANNING AND ZONING COMMISSION PRESENTED BY: Jeffrey Johnson SUBMITTED BY: Planning and Development Services Senior Planner Department, Planning Division SUBJECT: Conditional Use Permit Request — All Florida Truck Sales, Inc. for auto body repair located east of US Highway No. 1, north of the North St. Lucie River Water Management District Canal No. 18. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: NIA PREVIOUS ACTION: N/A RECOMMENDATION: Forward a recommendation of approval to the Board of County Commissioners for the attached Draft Resolution. County Attorney (X) �0 Coordination/Signatures County Surveyor Daniel S. McIntyre County Engineer (X) Michael Powley Originating Dept. (X ) �� a, � —� ark Sat r ee (X) /(�;/w Ron Harris ERD ( X ) Karen Smith Packet Pg. 135 8.A.1.c PLANNING AND ZONING COMMISSION Hearing Date: Thursday July 18, 2013 Applicant All Florida Truck Sales, Inc. — Kenneth Oresky 18185 N. Highway 301 Citra, FL 32113 Agent Land Design South of Florida, Inc. - Brad Currie 501 SE PSL Boulevard PSL, FL 34984 Future Land Use COM, Commercial Existing Zoning CG, Commercial General Reguesf Proposed conditional use permit for motor vehicle repair and auto body repair services as an accessory use to vehicle sales. staff Jeffrey Johnson Senior Planner johnsonj@stlucieco.org (772) 462-1580 File Number CU 620134629 AGENDA ITEM III -A All Florida Truck Sales, Inc. Conditional Use Permit Location: 5390 South US Highway No. 1 Project Description A Conditional Use Permit for All Florida Trick Sales, Inc. to conduct auto body repair services in conjunction with vehicle sales and repair services. The subject 3.39-acre property is located on the east side of South US High- way No. 1, north of NSLRWMD Canal No. 18, The property consists of an existing 11,150 s.f. building that is vacant. All repair services will be conducted indoors. There are no exterior improvements proposed for the subject property, with the exception of some enhancements to landscaping and the parking lot. Notice Requirements Public hearing notice in accordance with Section 11.00.03 of the Land Development Code was placed in the St. Lucie News Tribune on July 2, 2013, letters were mailed to property owners within a 500 foot radius and a sign placed on the property. Staff Recommendation Staff recommends that the proposed Conditional Use Permit (Draft Resolution) be forwarded to the Board of County Commissioners with a recommendation for approval. Packet Pg. 136 8.A.1.c Planning and Development Services Planning Division MEMORANDUM TO: Planning and Zoning Commission THROUGH: Mark Satterlee, AICP, Director Leslie Olson, Planning Manager vo�)' FROM: Jeffrey Johnson, Senior r4 DATE: July 18, 2013 SUBJECT: Conditional Use Permit Request - All Florida Truck Sales, Inc. for auto body repair located east of South US Highway No. 1, north of the North St. Lucie River Water Management District Canal No. 18. lTl1i t��jt�s� M=1L,I=101AaINis] Zvi F- I[*I,II Applicant: Agent for Applicant: Location: Parcel Id Number: Parcel Size: Existing Use: All Florida Truck Sales, Inc. - Kenneth Oresky Land Design South of Florida, Inc. - Brad Currie 5390 South US Highway No. 1, Fort Pierce, FL 3403-433-0009-000-9 3.39 acres Vacant Proposed Use(s): Auto Body Repair Wetlands: None Urban Service Boundary: Inside Packet Pg. 137 8.A.1.c Conditional Use Permit —CU 620134629 All Florida Truck Sales, Inc. July 18, 2013 Page 2 Existing Land Use and Zoning: Future Land Use Z ning Existing Land Use COM (Commercial) CG (Commercial General Vacant Surrounding Land Use and Zoning: Future Land Zoning Existing Land Use Use North COM CG (Commercial General) Vacant (Commercial) South COM CG (Commercial General) Coggin Acura (Commercial) Dealership East RM (Residential RM — 5 (Residential, Vacant Medium — 9 Multiple Family — 5) du/acre) West COM CG (Commercial General) Sunrise Ford Dealership (Commercial) BACKGROUND INFORMATION All Florida Truck Sales, Inc. is requesting a Conditional Use Permit to allow for auto body repair services on a 3.39 acre parcel located east of South US Highway No.1, north of the North St. Lucie River Water Management District Canal No. 18. The property received initial site plan approval from the County on October 14, 1986 for an automobile dealership with auto repair services for the project known as Moody Acura. The subject property is zoned CG, Commercial General and is designated COM, Commercial on the Future Land Use Map. Auto body repair services are allowed in the Commercial General Zoning District as a Conditional Use according to Section 3.01.03.S.7.i of the St. Lucie County Land Development Code. The applicant is requesting to occupy a vacant 11,150 s.f. building for the sales, service and repair of vehicles. As shown in the attached floor plan, five (5) service bays or 5,765 s.f. of the building will be utilized for auto body and repair service. The remaining portions of the building include a showroom, offices and storage areas. There are no exterior building improvements or additions. The applicant is scheduled to hold a neighborhood meeting on the subject property July 8, 2013. Staff will provide a summary of this meeting at the July 18, 2013 Planning and Zoning Commission meeting. Packet Pg. 138 8.A.1.c Conditional Use Permit — CU 620134629 All Florida Truck Sales, Inc. July 18, 2013 Page 3 STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE Section 11.07.03, Standards for Review of Conditional Use Permits establishes the criteria that shall be reviewed prior to the issuance of a Conditional Use Permit. The applicant shall demonstrate the following: A. CONSISTENCY WITH LAND DEVELOPMENT CODE AND COMPREHENSIVE PLAN Consistencv with Land Development Code Reaulations The proposed conditional use is not in conflict with any applicable portions of the St. Lucie County Land Development Code (LDC). There no exterior building improvements proposed. The applicant is proposing to enhance the landscaping and vehicle use areas on the property. In conjunction with the Conditional Use Permit, the applicant has filed a petition for a site plan adjustment with the Planning Division to demonstrate site compliance with the Land Development Code requirements (please see attached site plan). A condition of approval requires the applicant to remove nuisance vegetation on the property, install new landscaping that is consistent with the previous approved landscaping plan, and improve the appearance of the vehicle use area by eliminating potholes and providing new pavement markings. Compliance with Comprehensive Plan The proposed use will further the goals, objectives and policies of the Economic Development Element of the St. Lucie County Comprehensive Plan. More specifically the following: Objective 10.2.5: The County shall through economic development projects encourage diversification of the tax base to further support long-term investment in County quality of life. Policy 10.2.5.1. The County shall ensure support economic development activities that encourage growth in non-residential development resulting in the creation of long-term commercial and industrial targeted industry jobs together with comprehensive increases in assessed valuations and ad valorem tax receipts for non-residential development. B. EFFECT ON ADJACENT PROPERTIES The proposed conditional use should not have an undue adverse effect upon nearby properties. The existing 11,150 s.f. building is approximately 450 feet from the nearest single family residence in the Tropical Isles PUD single family residential development that lies to the south and east. This existing single family development is buffered by a 60 foot wide canal, including a six (6) foot high landscape berm and a treatment of existing mature live oak trees along the east property line. The applicant has agreed to limit the hours of operation for auto body repairs Monday through Friday, 8:00 a.m. to 5:00 p.m., and Saturday 8:00 a.m. to 1:00 p.m. All auto body repair Packet Pg. 139 8.A.1.c Conditional Use Permit — CU 620134629 All Florida "truck Sales, Inc. July 18, 2013 Page 4 services along with other vehicle service repairs are required to be conducted indoors to reduce or eliminate any visual, noise, dust and odor impacts. Conditions of approval are established to assure compliance with local and state agency regulations that are applicable to the storage, handling and disposal of hazardous materials. All permits and licenses are required to be obtained from the County's Solid Waste Division, the Department of Environmental Protection and other applicable outside agencies prior to the issuance of a Certificate of Occupancy. C. ADEQUACY OF PUBLIC FACILITIES The proposed use is not expected to create significant additional demands on any public facilities in this area. The subject property is located inside the urban service boundary where adequate public services are provided. Water/Wastewater The subject property is currently served by FPUA water. An on -site septic tank will be utilized for the disposal of waste. The applicant has coordinated the review of the existing tank with the County's Health Department and it has been deemed sufficient to handle the demand for the proposed use. Transportation System Ingress and egress currently exists adjacent to the north property line along South US Highway No. 1. The proposed use is anticipated to generate a similar number of vehicle trips when the site plan was approved for a similar use (Moody Acura Dealership) in 1986. Therefore, traffic concurrency has been met and no additional improvements are required to the existing roadways. D. ADEQUACY OF FIRE PROTECTION The applicant has coordinated the review of this proposed use with the St. Lucie County Fire District. Prior to the issuance of a Certificate of Occupancy, the Fire District is required to conduct an on -site inpection to ensure compliance with the Florida Fire Prevention Code and the Florida Life Safety Code. The closest Fire Station is less than one mile from the subject property and is located approximately'/ mile east of South US Highway No.1, on the north side of Midway Road. E. ENVIRONMENTAL IMPACT The Environmental Resources Department has reviewed the application and submitted the following report: Background The Environmental Resources Department (ERD) is in receipt of the May 31, 2013 Planning and Development Services Department, Planning Division date -stamped submittal. The applicant Packet Pg. 140 8.A.1.c Conditional Use Permit — CU 620134629 All Florida Truck Sales, Inc. July 18, 2013 Page 5 requests approval of a Conditional Use and Minor Adjustment to Minor Site Plan to allow for vehicle sales and repair services in the Commercial General (CG) zoning district. Environmental Resources staff has completed a site inspection and review. The 3.4-acre site has been developed to conduct commercial auto sales. Multiple native oak, cabbage palm, and pine trees were planted onsite to satisfy prior landscape requirements. The proposal will not result in any additional development footprint or buildings. Findings Existing site conditions are not consistent with the October 2, 1986 approved landscape plan. Specifically, all terminal parking islands should include one (1) native tree and a continuous native hedge shall be planted to screen existing vehicular use area (VUA) from the neighboring properties. Additionally, exotic species, including Brazilian pepper and carrotwood are present along all property lines. A condition of approval will require removal of all Florida Exotic Pest Plant Council Category I and II listed invasive species. The on -site native habitat will not be impacted as a result of the proposed Conditional Use and Minor Site Plan Adjustment. Conditions of Approval 1) Prior to issuance of Certificate of Occupancy, all invasive exotic vegetation located within the project boundary shall be removed (LDC Section 7.09.05). 2) Prior to issuance of Certificate of Occupancy, the applicant shall install the required landscaping in order to be consistent with the October 2, 1986 approved Landscape Plan. 3) The County's issuance of development approval does not constitute compliance with any federal and state requirements. Applicable, federal and state approvals/permits are required prior to the commencement of any development activity (i.e. clearing, grading, removing structures, etc.). The responsibility for contacting federal and state agencies, procuring permits/approvals and compliance with applicable laws are the sole responsibility of the applicant. 4) Per Florida Statute 125.022, the issuance of development approval 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. 5) Copies of all applicable state or federal permits/written approvals are required by the County prior to issuance of a Vegetation Removal Permit and any development activity. Packet Pg. 141 8.A.1.c Conditional Use Permit - CU 620134629 All Florida Truck Sales, Inc. July 18, 2013 Page 6 FINDINGS AND RECOMMENDATION The Development Review Committee (DRC) certified this project on June 20, 2013. Staff finds that, with the conditions of approval as drafted, this petition meets the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that the Planning and Zoning Commission forward a recommendation of approval for this petition to the Board of County Commissioners, subject to the conditions set forth in the Draft Resolution. Packet Pg. 142 8.A.1.c Conditional Use Permit — CU 620134629 All Florida Truck Sales, Inc. July 18, 2013 Page 7 Suggested motion to recommend approvalldenial of this requested conditional use. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION GRANTING APPROVAL TO THE PETITION OF ALL FLORIDA TRUCK SALES, INC. FOR A CONDITIONAL USE PERMIT TO ALLOW MOTOR VEHCILE AND AUTO BODY REPAIR SERVICES IN THE COMMERICAL GENERAL ZONING DISTRICT, BECAUSE... [LIST CONDITION(S)] MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION DENYING THE PETITION OF ALL FLORIDA TRUCK SALES, INC. FOR A CONDITIONAL USE PERMIT TO ALLOW MOTOR VEHCILE AND AUTO BODY REAPIR SERVICES IN THE COMMERCIAL GENERAL ZONING DISTRICT, BECAUSE... [CITE REASON(S) WHY - PLEASE BE SPECIFIC] Packet Pg. 143 8.A.1.c Environmental Resources Department Final Report TO: Jeffrey Johnson, Planning & Development Services Department THROUGH: Karen L. Smith, Environmental Resources Department Director FROM: Benjamin Balcer, Senior Environmental Planner Amy Griffin, Environmental Regulations and Lands Manager DATE: June 12, 2013 SUBJECT: All Florida Truck Sales CU 620134629 and SPMn 520134628 Background The Environmental Resources Department (ERD) is in receipt of the May 31, 2013 Planning and Development Services' date -stamped submittal. The applicant requests approval of a Conditional Use and Minor Adjustment to Minor Site Plan to allow for motor sales, vehicle repair and auto body repair services in the Commercial General (CG) zoning district. Environmental Resources staff has completed a site inspection and review. The 3.4-acre site has been developed to conduct commercial auto sales. Multiple native oak, cabbage palm, and pine trees were planted onsite to satisfy prior landscape requirements. The proposal will not result in any additional development footprint or buildings. Findings Existing site conditions are not consistent with the October 2, 1986 approved landscape plan. Specifically, all terminal parking islands should include one (1) native tree and a continuous native hedge shall be planted to screen existing vehicular use area (VUA) from the neighboring properties. Additionally, exotic species, including Brazilian pepper and carrotwood are present along all property lines. A condition of approval will require removal of all Florida Exotic Pest Plant Council Category I and II listed invasive species. The onsite native habitat will not be impacted as a result of the proposed Conditional Use and Minor Adjustment. Conditions of Approval 1) Prior to issuance of Certificate of Occupancy, all invasive exotic vegetation located within the project boundry shall be removed (LDC Section 7.09.05). 2) Prior to issuance of Certificate of Occupancy, the applicant shall install the required landscaping in order to be consistent with the October 2, 1986 approved Landscape Plan. Packet Pg. 144 8.A.1.c Environmental Resources Department All Florida Truck Sales CU & SPMn June 2013 3) The County's issuance of development approval does not constitute compliance with any federal and state requirements. Applicable, federal and state approvals/permits are required prior to the commencement of any development activity (i.e. clearing, grading, removing structures, etc.). The responsibility for contacting federal and state agencies, procuring permits/approvals and compliance with applicable laws are the sole responsibility of the applicant. 4) Per Florida Statute 125.022, the issuance of development approval 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. 5) Copies of all applicable state or federal permits/written approvals are required by the County prior to issuance of a Vegetation Removal Permit and any development activity. Please contact Ben Balcer at 772-462-2866 if you have any questions. CAOutlook Temp\All Florida Truck Sales CU and SPMn (2).docx Packet Pg. 145 8.A.1.c Resolution No. _ File No.: CU 620134629 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR AUTO BODY REPAIR SERVICES IN THE CG (COMMERCIAL GENERAL) ZONING DISTRICT FOR PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. 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: All Florida Truck Sales, Inc. presented a petition for a Conditional Use Permit to allow for auto body repair services in the CG (Commercial General) Zoning District for the property depicted on the attached map in Exhibit "A" and described in Part B below. 2. On October 14, 1986 via Resolution No. 86-226, the subject property received site plan approval from the St. Lucie County Board of County Commissioners for a 11,150 s.f auto dealership with repair services called Moody Acura Auto Agency. 3, On July 18, 2013 the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property and recommended that the Board of County Commissioners aw o_ve/deny the hereinafter described request for a Conditional Use Permit in the CG (Commercial General) Zoning District for the property described in Part B. 4. On , 2013 this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 5. The proposed Conditional Use Permit, with the conditions therein, is consistent with the goals, objectives and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land Development Code. FINDINGS OF FACT Based on the evidence presented and also based upon the inclusion of the conditions of approval as set forth below in this resolution, the Board of County Commissioners finds as follows: July 18, 2013 File No.: CU 620134629 Page 1 Resolution No. XXXX Packet Pg. 146 8.A.1.c 1. The proposed project is consistent with the goals, objectives and policies of the Future Land Use Element of the St. Lucie County Comprehensive Plan, and, subject to the conditions contained in this resolution, meets the technical requirements of the St. Lucie County Land Development Code. 2. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, and other matters affecting the public health, safety, and general welfare. 3. All reasonable steps have been taken to minimize any adverse effect on the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 4. The proposed project is constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, having made the findings of fact set forth above, makes the following conclusions of law. A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a Conditional Use Permit to allow for the operation of auto body repair services in the CG (Commercial General) Zoning District, at the location described in Part B, and depicted on the map attached as Exhibit A, is hereby approved subject to the following conditions: 1. The hours of operation for auto body repairs shall be limited to Monday through Friday - 8:00 a.m. to 5:00 p.m., and Saturday — 8:00 a.m. to 1:00 p.m. 2. All vehicle repairs and service shall be conducted indoors. 3. Prior to the Issuance of a Certificate of Occupancy, the vehicular use areas shall be maintenance free of weeds and potholes. New pavement markings shall be provided. 4. Prior to the issuance of a Business Tax License, the applicant shall notify the St. Lucie County Solid Waste Division and coordinate the required storage and disposal of hazardous materials and waste, and pollution prevention measures in accordance with the requirements in the Florida Statutes. 5. Prior to the issuance of a Certificate of Occupancy, the applicant, successors or assigns shall maintain all required permits and licenses from the Department of Environmental Protection, the St. Lucie County Health Department and other applicable federal, state and local agencies. July 18, 2013 Resolution No. XXXX File No.: CU 620134629 Page 2 Packet Pg. 147 8.A.1.c 6. Prior to the issuance of a Certificate of Occupancy, all invasive exotic vegetation located within the project boundary shall be removed (LDC Section 7.09.05). 7. Prior to the issuance of a Certificate of Occupancy, the applicant shall install the required landscaping in order to be consistent with the October 2, 1986 approved Landscape Plan. 8. The County's issuance of development approval does not constitute compliance with any federal and state requirements. Applicable, federal and state approvals/permits are required prior to the commencement of any development activity (i.e. clearing, grading, removing structures, etc.). The responsibility for contacting federal and state agencies, procuring permits/approvals and compliance with applicable laws are the sole responsibility of the applicant. 9. Per Florida Statute 125.022, the issuance of development approval 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 undertakers actions that result in a violation of state or federal law. 10. Copies of all applicable state or federal permits/written approvals are required by the County prior to issuance of a Vegetation Removal Permit and any development activity. B. The subject property is described as follows: PARCELI: THE NORTH 73 FEET OF THE SOUTH 304 FEET OF THE SW 1/4 OF THE SW 1/4 OF HE SE 114, OF SECTION 3, TOWNSHIP 36 SOUTH, RANGE 40 EAST; AND PARCEL 2: THE SOUTH 231 FEET OF THE SW 1/4 OF THE SW 1/4 OF THE SE 1/4, OF SECTION 3, TOWNSHIP 36 SOUTH, RANGE 40 EAST. TAX ID NUMBER: 3403-433-0009-000-9 C. The approvals and authorizations granted by this Resolution are for the purpose of obtaining a Building Permit or Zoning Compliance from St. Lucie County. D. The approvals and authorizations granted by this Resolution shall expire on 2014, unless a Building Permit or Certificate of Zoning Compliance is obtained for the uses described in Part A above, or an extension has been granted in accordance with Section 11.07.05(F), St, Lucie County Land Development Code. July 18, 2013 File No.: CU 620134629 Page 3 Resolution No, XXXX Packet Pg. 148 8.A.1.c After motion and second, the vote on this Resolution was as follows: Tod Mowery, Chairman XXX Frannie Hutchinson, Vice -Chair XXX Chris Dzadovsky, Commissioner XXX Paula A. Lewis, Commissioner XXX Kim Johnson, Commissioner XXX PASSED AND DULY ADOPTED this day of 2013. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA Will ATTEST: DEPUTY CLERK July 18, 2013 File No.: CU 620134629 Page 4 Chairman APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Resolution No. XXXX Packet Pg. 149 8.A.1.c Exhibit A Site Location Map Subject Propertl July 18, 2013 File No.: CU 620134629 Page 5 All Florida Truck Sales Midway Rd CU-620134629 V- 3 Smallwood Ave Resolution No. XXXX Packet Pg. 150 8.A.1.c C N C6 CO _ m % tow [V O LLN N „ tii! i I a 1 ` a o`can U Q I � �� Lagoon � I 0 L! � 3 a N d� N qqq a I Indian a ep�,�s Pxwy env snni3f `� a 1 ZB s�nsnN.astate 7 47SZ N _ IS 4Sz S St am g Pnla asat!y I rc o tee° I _ afil w -!A-t OA,B a PM9 eunl i5 Ynd m a,au, "0 y ?J PH -W.L'3 1 Pil /JieU +4z81 P21 eMl+!we6 G - in I...- eAV u6s,aw3- ..._ v Pa ua�su4or` CF i �'d0� ?fie ip+�y PH W R6N 1q5 Utia v a c `tea Ij 4G C m >_ a and uw4S (r m R w m° Pa aull e8uetl a PH WWI 'e H u ry y V L1 V y Pa AOH MPI I _..... F.a P..JS I q 3 I I Q m o V q U I I 1 po I I I I I � I I I II I ---------------------------- -------------------- ---------------------� ,Uuno� aagotr.�aaNp Packet Pg. 151 8.A.1.c LU O O N L J 1 J U M o :i O m mli coQQ o_ cu O L �! + a . • to '^ 1 •w , 0 I " 1 Z ♦ O I � r r N N 1S a8c S IVNVO MON ❑INMHISN 00 a M C N 1 z -J 1 E= E m CD �C w z 1 0 W LL LL U 1 1 LL (:' 1 Q U a� —a -a�� = c c 1 O 1 pp m Ul (A Q 1 0 2 0 �a N U 1 1 ¢ 1 m 0�_-o 0 Z) 1 cn z 1 a`> U Q 1 (OO o.RNN a�Off Elf Q U—a.ofcr-ce 4 AHMHJIH sn S 1 6 AVMHJIH sn S r ♦ I c� O to .• v CL U O C ° ° z O O U) Lo 1 1 M fn (n 1 1 Packet Pg. 152 8.A.1.c w i0 a d w cu Q J U0-1 N � vi O T m c LL � 0 A toui • - R — - - Cn CO 1p ♦ to • ♦ O I 1 � � 1 U = U N Q} 1S abE S 7VNbO M3N aV M2lISN a0 I. O 1 CD � N ' J C C n CO � 1 ¢ Z 1 � a fn N cu 1 2 O E Cfl 1 J () �, '(D 0 (n Ua�� U LL 1 0L—L :2Z) Q C)dxx l AVAAHOIH sn S 1 6 AVMHJIH sn S 1 ♦ ♦ I � I ♦ + cu I fl� o cu ~------- Liz Liz so c o C O U o U p � O Lo 1 Packet Pg. 153 8.A.1.c M O C CO � R w Q Kici �.CL fa Illtjtjtj �� N 1S a2�E S � _ �yN'd� M3N aWMb�SN CO Z Q N °: ¢ a CD ,w C 1 a'�t�'. Z k�r,� C)fV NN Cu o UAF Ik . '4 ;may 6 AH . YA—,JIH n S 4 AdMHOIH Sr S �lrl� &41 �t�I•g%i�;y `�'� - �r` � �w 1 i ; �Paarc 1 rr i;.ltr. n F c. rr iu.tcit.sE, ?ti itOW tJr t ritruutrinitiri� n .rZ w O (� v A ,¢ C U toi f O rL O Fa6fl� �. •� � � Fes" t` h U C �i', Q to LO w 1 1 Packet Pg. 154 8.A.1.c Conditional Use ST. LUCIE COUNTY Planning & Development Services Department Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 http://www.stlucieco.org/planning/plannina.htm DEVELOPMENT APPLICATION Prior to submittal, all applications require a pre -application conference. Please contact the Planning Division to schedule an appointm ent. Submittal Tvpe (check each that applies Site Plan Rezoning 3 ❑ Major Site Plan ❑ Rezoning (straight rezoning) ❑ Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment 4 ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment ❑ Minor Adjustment to Minor Site Plan ❑ Minor Adjustment to PUD/PNRD/PMUD Planned Development ❑ Planned Town or Village (PTV) ❑ Planned Country Subdivision (PCS) ❑ Planned Retail Workplace (PRW) ❑ Prelim. Planned Unit Develop. (PUD) ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Final Planned Unit Develop. (PUD) ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Final Planned Non -Res. Develop. (PNRD) Conditional Use' * Conditional Use ❑ Major Adjustment to a Conditional Use ❑ Minor Adjustment to a Conditional Use Variance 2 ❑ Administrative Variance ❑ Variance ❑ Variance to Coastal Setback Line Other ❑ Administrative Relief ❑ Class A Mobile Home 5 ❑ Developer Agreement (Submit per LDC 11.08.03) ❑ Power Generation Plants ❑ Extension to Development Order ❑ Historical Designation/Change 6 ❑ Land Development Code Text Amendment 7 ❑ Plat ❑ Post Development Order Change ❑ Re -Submittal # e ❑ Shoreline Variance ❑ Stewardships — Sending/Receivi ng ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Transfer of Development Rights ❑ Waiver to LDCIComp. Plan Requirements e ❑ Appeal of Decision by Administrative Official10 Application Supplement Packages 1. Conditional Use 5. Class A Mobile Home 9. Waiver to LDC/Comp. Plan 2. Variance 6. Historical Designation/Change Requirements 3. Rezoning / Zoning Atlas Amend. 7. LDC Text Amendment 10. Appeal of Decision by 4. Comp. Plan Amendments 8. Re- Submittal Administrative Official Refer to Fee Schedule for applicable fees. All required materials must be included at the time of su bmittal along with the appropriate non-refundable fee(s). Page 1 of 6 Revised November 27, 2012 Packet Pg. 155 8.A.1.c Conditional Use FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division Application Type: Conditional Use Supplemental Application Package No.: 1 (Please provide separate fee calculation worksheet for each application type) ❑ BASE REVIEW FEE: $ 1,500.00 (A) ❑ CONCURRENCYFEE: ❑ ERD REVIEW FEE: ❑ UTILITIES ❑ PER ACREAGE CHARGE: ❑ RESUBMITTAL FEE: (if applicable) ❑ OTHER SUBTOTAL OF BASIC FEES: ❑ PRE -APPLICATION MEETING FEE: (F) Receipt No. of Payment: Date of Pre App� May 9, 2013 $ 50.00 (B) $ 100.00 (C) $ 50.00 $ (D) $ (E) $ 1,700.00 $( 250.00 ) deduction BALANCE OF FEES DUE: $ 1, 450. 00 SEPARATE CHECK FOR TRAFFIC IMPACT STUDY -- Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code ❑ $950.00 — Methodology Meeting (H) (If Applicable) • Additional fees will be due if a 3rd 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 Planning Division. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies; i.e. Fire District and proof of payment will be required prior to project approval. Pre -Application Meeting Re est Kenneth Oresky, President of Port St. Lucie Investments, Inc. Applicant Name (Printed) �Aof applicant For office use only) INTAKE REVIEWER - SIGNATURE DATE VERIFIED BY - SIGNATURE DATE File Number: Receipt Number: Page 2 of 6 Revised November 27, 2012 Packet Pg. 156 8.A.1.c Conditional Use Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must include the following: ® Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) ® Aerial Photograph — property outlined (available from Property Appraiser's office ® Property Deed ® Legal description, in MS Word format, of subject property ® Property Tax Map — property outlined (electronic copy not required) ® Survey ® 2 CDs of all documents submitted -with files named according to the Required Naming List. (attached) ® Concurrency Deferral Affidavit; or ® Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: ❑ Site Plan 24"x36" at a scale of 1"=50' (12 copies- folded, not rolled) ❑ Boundary Survey — Signed and Sealed (12 originals) ❑ Topographic Survey — Signed and Sealed (12 originals) ❑ Landscape Plan — Signed and Sealed (12 originals) ❑ Traffic Impact Report (TIR) (4 copies) if: 0 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC S ection 11.02.09(4)) ❑ Environmental impact Report (4 copies) if:(See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC"; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; O Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: ❑ Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06) ❑ Updated Traffic Analysis if applicable (4 copies) ❑ Approved Resolution or GM Order Final Plats only require 2 CDs (follow specifications above) & 4 copies of the following: ❑ Main Application and back up material ❑ Approved Site Plan and copy of approved Development Order ❑ Plat - Include extra copies of Plat for applicable conditions of approval Four (4) Original Molars are due following final staff review., *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 November 27, 2D12 Packet Pg. 157 8.A.1.c Conditional Use Project Information Project Name: All Florida Truck Sales - Conditional Use Site address: East Side of U.S. Highway 1, South of Smallwood Ave.(5390 U.S. Highway 1) Parcel ID Number(s): 3403-433-0009-000-9 Legal Description: (Attach additional sheets if necessary — also must be provided in M S Word format on CD) 03 36 40 S 304 FT OF SW 1/4 OF SW 1/4 OF SE 1/4-LESS RD R/W- AND LESS S 40 FT .AND E 30 FT FOR CANAL Property location — Section/Township/Range: 03/36S/40E Property size —acres: 3.39 Square footage: 147, 668 Future Land Use Designation: commercial (COM) Zoning District: Commercial General (CG) Description of project: (Attach additional sheets if necessary) Requesting a Conditional Use approval to allow Motor Vehicle Repair Services -Body Repair Please refer to justification statement for additional information. Type of construction (check all applicable boxes): ® Commercial Total Square Footage: Existing 11, 15o s . f . ❑ Industrial Total Square Footage: Existing ❑ Residential No. of residential units: Existing No, of subdivided lots: Existing ❑ Other Please specify: Number and size of out parcels (if applicable): Page 4 of 6 Revised November 27, 2012 Proposed: Proposed: Proposed: Proposed: Packet Pg. 158 8.A.1.c Conditional Use 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): Agent Information: Land Design South of Business Name: Port St. Lucie Investments, I c. Business Name: Florida, Inc Name: Kenneth oresk Name: Bradley J. Currie Address:11338 Yellow Legs Landing Address:501 SE Port St. Lucie Boulevard Lake Worth, Florida 33467 Port St, Lucie, Florida 34984 (Please use an address that can accept overnight (Please use an address that can accept overnight packages) packages) Phone: 561 248-3424 Phone: 772-924-2602 Fax: Fax: 561-478-5012 Email: floridatrucks@ahoo.com Email: bcurrie®landdesignsouth.com Please note: both applicant and agent will receive all official correspondence on this project. Property Owner Information This application and any application supplement will not be considered complete without the notarized signature cf all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner, - - Property Owner Signalure Property Owner Name (printed) Mailing Address: Phone: If more than one owner, please submit additional pages STATE OF �� r"' c�<< ,COUNTY OF 1,�� The foregoing instrument was acknowledged before me this day of t "` 20 i by LZbtl1 U V sty'" who is personally known to me or who has produced v as identification, f JJ Signaturgi.Notary- Type or Print Name of Notary ` Commission Number (S al) JULIA LEE 1�QTARY PUBLIC, STATE OF FLORIDA MY COMM. EXP. JAN. 27, 2016 COMM. #EEN288 Page 5 of 6 BONDED BY WESTERN SURETY Revised November 27, 2012 Packet Pg. 159 8.A.1.c Conditional Use Required Document Nam inq List " All electronically submitted documents must be formatted and named according to the list below. If your submittal includes a document not on the list, the document name shall clearly reflect the content of the submitted document. Document Document Format Required Name on CD Aerial Photograph PDF Aerial. df Application PDF Application.pdf Approval Order PDF ApprovalOrder.pdf Architectural Elevations PDF ArchElev. df Boundary / Topographic Survey PDF BoundaryTopo.pdf Draina e / Stormwater Plan PDF Draina ePln. df Easements PDF Easements. df Environmental Impact Report PDF or Word EIR. df or EIR.doc Existing Condition Plan PDF Existin Cond. df Flood Plain PDF or Word Flood. df or Flood. Doc Landscape Plan PDF Landsca e. df Legal Description Word Le al.doc Lighting Plan PDF Lighting.pdf Mitigation Plan PDF Miti ation. df Mobile Home Plans PDF or Word MobileHome. df or MobileHome.doc Paving Plan PDF Paving.pdf Permit External PDF Permit. df Plat PDF Plat. df or Plat.doc Property Deed PDF Deed. df Site Plan PDF SitePlan. df Traffic Impact Report PDF or Word TIR. df or TIR.doc Tree Survey PDF Tree. df Turtle Protection PDF or Word Turtle. df or Turtle.doc Utility Plan PDF Utiliit . df Vegetation Removal Application PDF Ve etation. df Page 6 of 6 Revised November 27, 2012 Packet Pg. 160 8.A.1.c AGENT CONSENT FORM Project Name: All Florida Truck Sales BEFORE ME THIS DAY PERSONALLY APPEARED Kenneth Oreskv. President of Port St. Lucie Investments, Inc., WHO BEING DULY SWORN, DEPOSES AND SAYS THE FOLLOWING: I hereby give CONSENT to Land Design South / Bradley J. Currie, AICP to act on my behalf, to submit or have submitted this application and all required material and documents, and to attend and represent me at all meetings and public hearings pertaining to, Conditional Use and Minor Amendment to a Minor Site Plan Applications, for the project indicated above. Furthermore, I hereby give consent to the party designated above to agree to all terms and conditions which may arise as part of the approval of this application for the proposed use of an institutional development. FURTHER AFFIANT SAYETH NOT, The foregoing instrument was acknowledged before me this D2 r/ day of J +AMP , 20 i3 , by �QA1r1Q41t mrP� (Name of Person Acknowledging) who is personally known to me or who has roduced FL D L 0 i90 >015S (type of identification) as i tificatio d who did (did not) take an oath. suu (Si nature of Person Taking Acknowledgement) Off+ ra s Signature x� AWU17- (Name of Acknowledger Typed, Printed or Stamped) Owner's Name ( rint) (Title or Rank) (Serial Number, if any) Street Address City, State, Zip Code (Notary's Seal) JULIA LEE Telephone NOTARY PUBLIC, STATE OF FLORIDA p MY COMM. EXR JAN. 27, 2015 ComM. #EEEGNS3 t. , NDED By WESTERN SURETY Packet Pg. 161 8.A.1.c Site Add!— 5390 S US HWY l S;:l I'owvRm€g': 03 :36S :40E flap 1€ 34103S Zoning CG PROPERTY RECORD CARD Parcdll3 3403--433.0009-000-9 Account 38811 Use—kpc AUTO SALS C'itylCnty St Lucie County owner' Lester E Moody Virginia D Mood Addr i %Northem Trust PO Box 1354 Chicago IL 60690-1354 Date Price Code Mxd 4/10/1997 100 01 WD 411/1986 190950 00 CV E •.( 6)i'12I"Ill if tit3 y 03 36 40 S 304 FT OF SW 1/4 OF SW 114 OF SE 1/4-LESS RD R/W- AND, LESS S 40 FT AND E 30 FT FOR CANAL More... 1==t��elta:.az �431? I.;t.il 1,>,,;Ei xis�f §i€trill-ie,: Book/Paac 2012 Find: 946400 land Value: 531600,Acrei' 3.39 1077 / 0819 A>scss Yl', 946400 buiidinL Vidue. 414900 0497 10662 A a.C€vdh: 0 Finished Arm 11150 SgFt F..x2mpt l'tcY;thle: I'aaey: 19146.9 Vim Roulcover: TG - Tar & Gravel RootStruct BR - BarJst/Rigid I KtType. STRH - STORE HIGH YearBlt 1987 Frame Coale. Y_D - Commer D Fflyi-WL 1997 PrimeNVail: BS - CB Stucco Storvl lahL 0010 - I Story \€n.lJuits. I Sc� Wal l PG - Plate Glass RLdUcoms 0 Electric MX-MAXIMUM PrmintWall: DW- DWwalk Fu11IJath, 0 (lea["type FHA - FrcdHotAir ArgHUFI: 1/2Ilwh 0 IleatFuel: ELEC- Electric I'm Flors CU- Carpet 4:11C 100 ";'lleated 100 °oSprinkIed 0 It E':'I;F1 -.: iii !'ELL :'i Ei Et F:€F'31 €ii`itf5 1 ,mj 3,€Ii9i F(t'€f€cat; I.vi'o Y:S Q0, I7n€t5 Qual- Coed- yrlJlt- No US,: ype 141,C Nicasult: 1 2700-AUTO SALS XI -Sq Feet 147668.40625 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. BE Packet Pg. 162 8.A.1.c f JoAnne Holman, Clerk of ttW'Circuit Court - St. Lucie County Pile Number: ,1552574 OR BOOK M(:)77 PAGE. 081.9 RecordnC: '05-16-97 08:40 A.M. Prepared By and Return to: .r * Doc •As Fi M408 B. BROOM. JR.. Esq. * Doc Tax � : $ 0.70 0. 00 Gmw bw-% Tmue% Hoffman, k I n t Tax $ 0.00 Lipoff, Rom S Otnntet, P.M�( 615 East Las Olas Boulevar Suits 1500 Fort Lauderdale, Florida 3=1 Grantee's kknURattion No. Proporty AprXxtser•t ldantificatkxt No. J- e3 - 3 a c o 9 a o o THIS 1NA1;�N3TiiEEp4rsade` r WwOW the ft day d " , 1097, b LESTER E. MOODY and MRGINfA D. MOODY, His wwe, wtwse address 1t 320 Udo Ddva, Fw uderdale, Florida 33301 (the'Grarsor), to LESTER E. MOODY AS TRUSTEE OF THE LESTER E. MOODY REVOCABLE TRUST UNDER TRUST AGREEMENT DATED APRIL 21, 1993 as amended, as to a 1/2 Undirldod Inttf est and VIRGINIA D. MOODY As TRUSTEE OF THE VIRGIN1A D. MOODY REVOCABLE TRUST UNDER TRUST AGREEMENT DATED APRIL 21, 1993 as amended, as to a 1/2 Undhrlded Interest, whose address Is 320 Lido Drive, Fort Laudsrda)o, Florida 3=1 (tho 'Granloa'): (WhwN r rood hNSIA the learn '&*ntor and "CtrrnWa' kxkWe M I* pant" n VA kwauffwA ww the bWM 4pd rWsmn4 rvw and antgro of fnd,idU&%. and 110 MNOOOON and asdgfe of oorporatbns) wITNESSETH: _ rite Grantor _ and In txxtakfaration of the twat d $10.00 and aulef valuable considerations, r Is a allen, rwrilse, release, homey u ee, all 1 In nd irate Or1da (Ihe'Propatty`j. viz: Exhibit 7t; shad hwal6Vn-d-ff—i&d9 part h TOGETHER with a4 the tenernents, heredhaments and appurtenances thwoto belonging or In anyvdso appe"ntng. SUBJECT TO: 1. Zoning and/or restrldlons and prohlbttions Irnposed by governmental authority: 2. Condhiona, restrictions, reservations, Ilmhaikxta, declarations and easements of record; thts reference to said matters eflatl not operate to relmpose the same; and 3. Tax for 199T 3U uertt y TO HA D TO In E al of ev AND t G rtor hefeby with ea G as la iy selzrr S tared In tee slmpie; that It has goad a tawrtrt a o and said :that It hereby fully ants the tide to said land and will deferxl a Ia claims aft roons e. �- - PURSUANT to Florida Statutes 689.071(1 ). Grantee "I have tho power and atnthorhy to protect, conserve and to sell, and to lease, of to encumber, or otherwise to manage and dispose of the real property desctitwd hereln. Received By nnincg division MAY r, 1 21113 lude County Packet Pg. 163 8.A.1.c 0 cc.-C.) 1p REMIT f'A" ' PARCEL 1 i SThe North 73 reet or the South Spy feet or the 51d ub�eat to R1on 3, ToWnghip 36 South, Ram yp EasE/4 or the SW 1/�! aC the S lghts-of-Way over the following; I. The Meat 80 feet, for N a. The Fast a U.3. N 1. PARCEI. 2 D The South 3 36 south, feet of the 1/4 of jeaSubE, ev 40 a SH 4 1/�! of Se t1 n 3, Township is f- fo Pub 10 Road and Dra The west 80 feet is over: The Fast 30 feet, and The South 40 feet, or above traot. -DD ' - cc 0 Packet Pg. 164 8.A.1.c LAND Planning DESIGN Landscape Architecture Environmental Transportation SOUTHGraphic Design www.landdesignsouth.com PROJECT NARRATIVE AND COVER LETTER All Florida Truck Sales Conditional Use Application Motor Vehicle Repair Services — Body Repair May 31, 2013 REQUEST On behalf of the Petitioner, Land Design South of Florida, Inc. is requesting a conditional use (CU) approval for a 3.390 acre property located at 5390 South US Highway 1. The applicant is requesting a CU approval to allow a Motor Vehicle Repair Services — Body Repair in the Commercial, General (CG) zoning district. Concurrent with this request the applicant is proposing a Minor Adjustment to a Minor Site Plan. SITE CHARACTERISTICS & PROJECT HISTORY The subject property is located at 5390 South US Highway 1. The property is located on the east side of US 1 approximately 1/ mile south of Midway Road. The subject property is comprised of one parcel totaling 3.390 acres. The parcel is identified by parcel ID number 3403- 433-0009-000-9. The subject property has a Future Land Use designation of Commercial General (CG) and is located in the Commercial General (CG) Zoning District. The applicant is seeking to obtain approval of a Motor Vehicle Repair Service — Body Repair that will be associated with an Automotive Dealer and Automotive Rental, Repairs & Services. The property was previously used as an equipment rental facility. The subject property previously obtained site plan approval on October 14, 1986 as the Moody Acura Auto Agency. It would appear that this approval included auto sales and service, but no body repair. This request would include body repair as well as these uses. The property currently has an 11,150 square foot building constructed on the property. The building is surrounded by parking and storage area. To the north of the subject property is a vacant parcel. The properties to the north have a Future Land Use designation of CG and are located in the CG zoning district. The proposed conditional use of Motor Vehicle Repair Services — Body Repair will be compatible with the property to the north. To the west of the subject property is the 80-foot ROW for US 1. West of US 1 are various automobile related uses. The property to the west has a zoning designation of CG and aFuture Land Use designation CG. The proposed conditional use of Motor Vehicle Repair Services — Body Repair will be compatible with the property to the west. To the south of the subject property is the Coggin Acura dealership. The property is located in the CG zoning district. The future land use of the properties to the south is CG. There is no access proposed from the subject property to this property. The proposed conditional use of Motor Vehicle Repair Services — Body Repair will be compatible with the property to the south. To the east of the subject property is a vacant property. The property to the east is located in the RM-5 zoning district and a Future Land Use designation of RM. The applicant is not proposing access to the east. As a part of this application, the applicant is proposing an a tived By (8) foot wall or fence along the eastern property line. The proposed conditional use OWE 9R Mg Division 400 Columbia Drive, Suite 110 1 west Palm Beach I Florida 33409 1 (561) 478-8501 hi1(w 501 SE Port St, Lucie Boulevard I Port St. Lucie I Florida 34984 1 (772) 871-7778 St. Lucie Cojjnty Packet Pg. 165 8.A.1.c Vehicle Repair Services — Body Repair will be compatible with the property to the east. CONDITIONAL USE CRITERIA Section 11.07.00 of the St. Lucie County Land Development Regulations states the requirements for the City Council granting a Conditional Use. The following identifies how the proposal is consistent with this Section. 1. Describe the reason for the proposed Conditional Use or Adjustment. This conditional use is being requested allow body repair as a part of the automotive sales and service on the subject property. As identified in Section 3.01.03.S.7 of the St. Lucie County Land Development Code, Motor Vehicle Repair Services — Body Repair is allowed in the CG zoning district as a Conditional Use. 2. Is the proposed Conditional Use or Adjustment in conflict with any portion of the LDC or the St. Lucie County Comprehensive Plan? The proposed conditional use is not in conflict with any portion of the LDC or the St. Lucie County Comprehensive Plan. 3. What are the existing uses in the immediate area and how is the proposed Conditional Use or Adjustment compatible with the existing uses in the area? The existing uses in the area are a mix of automotive related uses. There is existing body repair being conducted to the south and west of the subject property. The proposed Motor Vehicle Repair Services — Body Repair will be compatible with the existing uses. As required, the applicant is proposing an eight (8) foot wall/fence along the eastern property line. 4. What conditions have changed in the immediate area that warrants consideration of this Conditional Use or Adjustment application? There have been no major changes in the area that warrant the consideration of this request. The request is being requested to allow an applicant to construct a Motor Vehicle Repair Services — Body Repair on the subject property. The subject property has been vacant for several years. The approval of this conditional use will make the property more marketable. 5. What are the anticipated impacts of the proposed Conditional Use or Adjustment on the existing and future public facilities in this area, such as roads, transit, water, sewer, drainage, parks, etc.? This proposal is not expected to generate additional impacts on the infrastructure in the area. There are no additions planned to the existing building. 6. What are the anticipated environmental impacts of the proposed Conditional Use or Adjustment? If no adverse impacts are anticipated, please explain why. The applicant is not proposing environmental impacts. The applicant will be required to remove the exotics that are currently located along the southern property tine. In addition, the applicant will install the required hedge on both side of the proposed wall/fence. 7, Please provide any additional information about size, hours, and seasons of operation; number of employees; number of car or truck trips; equipment utilized; anticipated duration of use; impacts of noise and light; access improvements; hazardous substances utilized; and any other issue that would assist in the evaluation of this application. All Florida Truck Sales — CU Application Page 2 of 3 May 31, 2013 Packet Pg. 166 8.A.1.c The proposed use will be operated consistent with other similar uses in the area. There are no expansions associated with this request. The number of trips generated will be similar to what was proposed when the site plan was originally approved. Based on the above justification and attached information, the Petitioner respectfully requests approval of this request. W:r20112u11,1 - Sunhell PropedyTOS DocumenlsVSodmhlal ❑ocumealsljusnrlwtloa Statemen02013-05-31_AII_Florida_Truck_Sales_CU_Juslifieafion_Statement_2011.1 ,doe All Florida Truck Sales — CU Application Page 3 of 3 May 31, 2013 Packet Pg. 167 8.A.1.c Supplement 1 Conditional Use Application Supplement Refer to St Lucie County Land Development Code (LDC) Section 11.07.00 for details Desired Conditional Use/Adjustment: Motor Vehicle Repair services -Body Repair Minor Adjustment J�J_ Major Adjustment Existing use of property: Vacant Commercial Building Is a change in �IngY souESg� Nepetition for Conditional Use? Is a change in F—re Land sought with the petition for Conditional Use? " YES ✓ NO Is a Site Plan Apn[pval appli ✓ n being filed concurrent with the Conditional Use Application? �_ YES N O If the Conditional Use applied for requires site plan approval, the applicant shall submit a site plan that meets the requirements of LDC Section 11.02.00. The following information you provide is very important in determining the outcome of your conditional use request. It is required by Section 11.07.00, LDC that appropriate findings are made to justify a Conditional Use approval. Please use additional pages, if necessary to justify your request. 1. Describe the reason for the proposed Conditional Use or Adjustment: Please see attached justification statement. 2. Is the proposed Conditional Use or Adjustment in conflict with any portion of the LDC or the St. Lucie County Comprehensive Plan? Please see attached justification statement. 3. What are the existing uses in the immediate area and how is the proposed Conditional Use or Adjustment compatible with the existing uses in the area? Please see attached justification statement. Page 1 of 2 Revised: May 27, 2010 Packet Pg. 168 8.A.1.c Supplement 1 4. What conditions have changed in the immediate area that warrants consideration of this Conditional Use or Adjustment application? Please see attached justification statement. 5. What are the anticipated impacts of the proposed Conditional Use or Adjustment on the existing and future public facilities in this area, such as roads, transit, water, sewer, drainage, parks, etc.? Please see attached justification statement. S. What are the anticipated environmental impacts of the proposed Conditional Use or Adjustment? If no adverse impacts are anticipated, please explain why. Please see attached justification statement. 7. Please provide any additional information about size, hours, and seasons of operation; number of employees; number of car or truck trips; equipment utilized; anticipated duration of use; impacts of noise and light; access improvements; hazardous substances utilized; and any other issue that would assist in the evaluation of this application. Please see attached justification statement. Applic nt or Agent Name (printed) Page 2 of 2 Revised: May 27, 2010 Signat e Packet Pg. 169 8.A.1.c LAND Land Design South of Florida, Inc. DESIGN 501 SF Port St. Lucie Blvd Port St. Lucie, FL 34984 SOUTH (772) 871-7778 - Fax (561) 478-5012 E-mail: bcurrie@landdesignsouth.com TRANSMITTAL To St. Lucie Count Planning Division 2300 Virginia Avenue Fort Pierce, FL 34982 Date 5/31 /2013 Job# 2011.1 Re: All Florida Truck Sales Conditional Use Submittal Enclosed are the following items via: I I U.S. Mail I I overnight Exp. I x I Courier FAX Prints Plans Other: Copy of letter Disks Other: Copies Date No. Description 1 1 Check 63-751/631 10872 in the amount of $1,450.00 12 2 Conditional Use Submittal Packages - Conditional Use Application and Supplement, Justification Statement, Survey, Certificate of Title, Concurrency Deferral Affidavit, Aerial, Property Tax Map and Info, Agent Consent Forms (Applicant & Owner & Minor Site Plan. 2 3 CD's Containing submittal materials These are transmitted as checked below: X For approval I I For your use I I As requested I I To keep on file Remarks: Released by: Signatu 1A ( Bradley J. Currie Print Name Received by: Signature Print Name Date: 5/3112013 Date. v Planning Division MAY 3 1 1013 If enclosures are not as noted, kindly notify us at once. St. Lucie County PA201 1\201 1.1 - Sunbelt Propert}ALDS Documents\Submittal Docnmenis\Transmittals12013-05-31 Conditional Use Submittal Transmittal 201 Ll.doc Packet Pg. 170 8.A.1.c 3.01.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 1. Miscellaneous business services: (1) Detective, guard and armored car services. (7381) (2) Security system services. (7382) (3) News syndicate. (7383) (4) Photofinishing laboratories. (7384) (5) Business services - misc. (7389) m. Personnel supply services. (736) n. Social services: (1) Individual and family social services. (832/839) (2) Job training and vocational rehabilitation services. (833) o. Travel agencies. (4724) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off Street Parking and Loading Requirements. Off-street parking and loading require- ments are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09,00. 7. Conditional Uses: a. Child care services. (835) b. Television and radio transmitting towers. (999) C. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 8. Accessory Uses. Accessory use are subject to the requirements of Section 8.00.00 and include the following: a. Eating and drinking places (undistilled alcoholic beverages as an accessory to a restaurant). b. Postal services. (43) C. Solar energy systems, subject to the requirements of Section 7.10.28. S. CG COMMERCIAL, GENERAL',. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for a wide variety of commercial uses intended to serve a population over a large market area, which do not impose undesirable noise, vibration, odor, dust, or offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with general commercial surroundings. The number in "( )" following St. Lucie County Land Development Code Supp. No. 3 3:24 Adopted August 1, 1990 Packet Pg. 171 8.A.1.c ZONING DISTRICTS 3.01.03 each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses: a. Adjustment/collection and credit reporting services. (732) b. Advertising. (731) C. Amphitheaters. (999) d. Amusements and recreation services - except stadiums, arenas, race tracks, amusement parks and bingo parlors. (79) C. Apparel and accessory stores. (56) f. Automobile dealers. (55) g. Automotive rental, repairs and serv. (except body repairs). (751, 753, 754) h. Beauty and barber services. (723/724) i. Building materials, hardware and garden supply. (52) j. Cleaning services. (7349) k. Commercial printing. (999) 1. Communications - except towers. (48) in. Computer programming, data processing and other computer serv. (737) n. Contract construction serv. (office and interior storage only), (15/16/17) o. Cultural activities and nature exhibitions. (999) p. Duplicating, mailing, commercial art/photo. and stenog. serv. (733) q. Eating places. (581) r. Educational services - except public schools. (82) S. Engineering, accounting, research, management and related services. (87) t. Equipment rental and leasing services. (735) U. Executive, legislative, and judicial functions. (91/92/93/94/95/96/97) V. Farm labor and management services. (076) W. Financial, insurance, and real estate. (60/6U62/63/64/65/67) X. Food stores. (54) y. Funeral and crematory services. (726) Z. Gasoline service stations. (5541) aa. General merchandise stores. (53) bb. Health services. (80) cc. Home furniture and furnishings. (57) St. Lucie County Land Development Code Supp, No. 3 3:25 Adopted August 1, 1990 Packet Pg. 172 8.A.1.c 3.01.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE dd. Landscape and horticultural services. (078) ee. Laundry, cleaning and garment services. (721) ff. Membership organizations - except for religious organizations as provided in Section 8.02.01(H) of this Code. (86) gg. Miscellaneous retail (see SIC Code Major Group 59): (1) Drug stores. (591) (2) Used merchandise stores. (593) (3) Sporting goods. (5941) (4) Book and stationary. (5942/5943) (5) Jewelry. (5944) (6) Hobby, toy and games. (5945) (7) Camera and photographic supplies. (5946) (8) Gifts, novelty and souvenir. (5947) (9) Luggage and leather goods. (5948) (10) Fabric and mill products. (5949) (11) Catalog, mail order and direct selling. (5961/5963) (12) Liquefied petroleum gas. (propane). (5984) (13) Florists. (5992) (14) Tobacco. (5993) (15) News dealers/newsstands. (5994) (16) Optical goods. (5995) (17) Misc. retail (See SIC Code for specific uses). (5999) hh. Miscellaneous personal services (see SIC Code Major Group 72): (1) Tax return services. (7291) (2) Misc. retail (See SIC Code for specific uses). (7299) ii. Miscellaneous business services (see SIC Code Major Group 73): (1) Detective, guard and armored car services. (7381) (2) Security system services. (7382) (3) News ,syndicate. (7383) (4) Photofinishing laboratories. (7384) (5) Business services - mist. (7389) jj. Mobile home dealers. (527) kk. Mobile food vendors (eating places, fruits and vegetables -retail). (999) 11. Motion pictures. (78) mm. Motor vehicle parking - commercial parking and vehicle storage. (752) St. Lucie County Land Development Code Supp. No. 3 3:26 Adopted August 1, 1990 Packet Pg. 173 8.A.1.c ZONING DISTRICTS 3.01.03 nn. Museums, galleries and gardens. (84) oo. Personnel supply services. (736) pp. Photo finishing services. (7384) qq. Photographic services. (722) rr. Postal services. (43) ss. Recreation facilities. (999) tt. Repair services. (76) uu. Retail trade -indoor display and sales only, except as provided in Section 7.00.00. (999) vv. Social services: (1) Individual and family social services. (832/839) (2) Child care services. (835) (3) Job training and vocational rehabilitation services. (833) ww. Travel agencies. (4724) xx. Veterinary services. (074) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off -Street Parking and Loading Requirements. Off-street parking and loading require- ments are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses: a. Adult establishments subject to requirements of Section 7.10.10. (999) b. Drinking places (alcoholic beverages) - free-standing. (5813) c. Disinfecting and pest control services. (7342) d. Amusement parks. (7996) C. Go-cart tracks, (7999) f. Hotels and motels. (701) g. Household goods warehousing and storage -mini -warehouses. (999) h. Marina - recreational boats only, (4493) i. Motor vehicle repair services - body repair. (753) j. Sporting and recreational camps. (7032) St. Lucie County Land Development Code Supp. No. 3 3:27 Adopted August 1, 1990 Packet Pg. 174 8.A.1.c 3.01.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE k. Retail trade: (1) Liquor stores. (592) 1. Stadiums, arenas, and race tracks. (794) in. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Drinking places (alcoholic beverages as an accessory use to a restaurant and/or civic, social, and fraternal organizations). b. One (1) single-family dwelling unit contained within the commercial building, or a detached single-family dwelling or mobile home, (for on -site security purposes). C. Retail trade: (1) Undistilled alcoholic beverages (accessory to retail sale of food). d. Solar energy systems, subject to the requirements of Section 7.10.28. T. IL INDUSTRIAL, LIGHT. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for light manufacturing, wholesale, and warehousing activities that do not impose undesirable noise, vibration, odor, dust, or other offensive effects on the surrounding are, together with such other uses as may be necessary to and compatible with light industrial surroundings. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2,00.00 of this Code. 2. Permitted Uses: a. Business services. (73) b. Communications - including telecommunication towers - subject to the standards of Section 7.10.23. (48) C. Construction services: (1) Building construction - general contractors. (15) (2) Other construction - general contractors. (16) (3) Construction - special trade contractors. (17) d. Engineering, architectural and surveying services. (871) e. Commercial fishing. (091) f. Laundry, cleaning and garment services. (721) g. Local and suburban transit. (41) h, Manufacturing: (1) Food and kindred products. (20) St. Lucie County Land Development Code Supp. No. 3 3:28 Adopted August 1, 1990 Packet Pg. 175 8.A.1.c Project Name Applicant: Public Hearing Body Public Hearing Date: Form 08-47 PLANNING & DEVELOPMENT SERVICES PLANNING DIVISION PUBLIC NOTICE SIGN CONTENT All Florida Truck Sales, Inc.- CUP All Florida Truck Sales, Inc. Planning and Zoning Commission July 18, 2013 This Sign must be installed by July 5, 2013 Required sign content: Heading: NOTICE OF PUBLIC HEARING Body: Petition of All Florida Truck Sales, Inc. for a Conditional Use Permit to allow for auto body repair services on the property located at 5390 South US Highway No. 1 in the CG (Commercial General) Zoning District. The meeting is to be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on, on Thursday, July 18, 2013 @ 6:00 p.m. or as soon thereafter as possible before the Planning and Zoning Commission. Copies of the petition are available at the front desk in the Planning and Development Services Department, County Administration Building, 2300 Virginia Avenue, Fort Pierce. If you have any questions please call the Planning Division at 772-462-2822. Packet Pg. 176 8.A.1.c BOARD OF COUNTY COMMISSIONERS Public Hearing Date: August 6, 2013 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue Ft Pierce, Florida 34982 Time: 6:00 PM Applicant All Florida Truck Sales, Inc. Agent Land Design South of Florida, Inc. - Bradley Currie Property Location 5390 South US Highway No. 1, Fort Pierce, FL Existing Zoning CG, Commercial General Future Land Use COM, Commercial Recommendation The Planning and Zoning Commission met on July 18, 2013 and recommends unanimous approval of this request to the Board. Staff recommends the Board adopt a Resolution approving the request . M�in'erN 9F—Tua 211, — — [VE]0134629 _ Q r ircciva•'S'es Wry N PUBLIC HEARING NOTICE TUESDAY, AUGUST 6, 2013 Conditional Use Permit CG RS- 1 111 r- MELTUN 3 oR sMALLYtOOD AVE SLiALlbVoOD AVE ,/ , RS-3 t r 3 � I CG R -5 RM-5 � , RS-3 1 , NSLR'M.10 CANALHO � 19 NSLRVN.IOGAN0.� h0-18 r + t � oLo:Nev wEsr-oa j + a , MAYGR-E:BMY-PL v" --- """ PUD ti wcomrce •ciai cercmi ® Subject property i. mac��eoaal F— y O PRU5O.3-PRRlaeensYniJtleatlnb1 500 it RMS- a,.ec1 I L ro11(Wtlorarea aa�!i'Ifi Z1, Famiov l3 Cwac� RS-1-Rasefantai SM81a Fympy Public Hearing Description, The St. Lucie County Board of County The applicant, All Florida Truck Sales, Commissioners has the power to review Inc. is requesting a Conditional Use and approve or disapprove any Permit to operate auto body repair applications within their area of services. The subject 3.39 acre responsibility, property is located on the east side of South US Highway No. 1, north of the All interested persons will be given an North St. Lucie River Water opportunity to be heard. Written Management District Canal No. 18 comments to the Board of County (5390 South US Highway No. 1, Fort Commissioners should be received by Pierce, FL). the Planning and Development Services Department (PDS), Planning Division at The property consists of an existing least 3 days prior to the scheduled 11,150 s.f. building that is currently hearing. Further details are available in vacant. All repair services will be the PDS Department, Planning Division - conducted indoors. There are no please contact: exterior improvements proposed for the subject property, with the exception Staff Jeffrey Johnson, Senior Planner of some enhancements to landscaping Phone 772-462-1580 and the parking lot. Email johnsonj@stlucieco.org Mail 2300 Virginia Avenue The Planning and Zoning Commission met on July 18, 2013 and recommends unanimous approval of this request to the Board. Fort Pierce, Florida 34982 Packet Pg. 177 8.A.1.c Public Hearing Date: July 18, 2013 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue Ft Pierce, Florida 34982 Time: 6:00 PM Applicant All Florida Truck Sales, Inc. Agent Land Design South of Florida, Inc. - Bradley Currie Property Location 5390 South US Highway No. 1, Fort Pierce, FL F_xistin4 Zoning CG, Commercial General Future Land Use COM, Commercial Staff Recommendation Forward a recommendation of approval to the Board of County Commissioners for a Draft Resolution approving a Conditional Use Permit for auto body repair services. i /d FbNaTiud Sa',ea A i PUBLIC HEARING NOTICE THURSDAY, JULY 18, 2013 Conditional Use Permit CG =RS� i MELTON ❑R t o �, sMlALLWOGn AVC S!AALL—A— z RS-3 ' CG � F a , Rs-3 F , A'St RTNMO CANALHO-59 NSERYlMD CAa,Al:NO- WLD-KC Zcning N CG • Comma. W General ® Subjectproperty 1-1 CG PUD- PWtlnad pni!Devaloarnant 500 ft notification area RM-5- Reabtlntal MUIUFem�i,(5 tlwaci L .. RS-9 - RasWanlml9in91a Famly (3 d Wac) Rsd - RaaManliil single Fama, (4 d Wacl Public Hearinq Description The applicant, All Florida Truck Sales, Inc. is requesting a Conditional Use Permit to operate auto body repair services. The subject 3.39 acre property is located on the east side of South US Highway No. 1, north of the North St. Lucie River Water Management District Canal No. 18 (5390 South US Highway No. 1, Fort Pierce, FL). The property consists of an existing 11,150 s.f. building that is currently vacant. All repair services will be conducted indoors. There are no exterior improvements proposed for the subject property, with the exception of some enhancements to landscaping and the parking lot. The St, Lucie County Planning and Zoning Commission has the power to review and recommend to the Board of County Commissioners for approval or disapproval, any applications within their area of responsibility. All interested persons will be given an opportunity to be heard. Written comments to the Planning and Zoning Commission should be received by the Planning and Development Services Department (PDS), Planning Division at least 3 days prior to the scheduled hearing. Further details are available in the PDS Department, Planning Division - please contact: Staff Jeffrey Johnson, Senior Planner Phone 772-462-1580 Email johnsonj@stiucieco.org Mail 2300 Virginia Avenue Fort Pierce, Florida 34982 Packet Pg. 178 8.A.1.c LEGAL DESCRIPTION: PARCEL 1: THE NORTH 73 FEET OF THE SOUTH 304 FEET OF THE SW 1/4 OF THE SW 1/4 OF HE SE 1/4, OF SECTION 3, TOWNSHIP 36 SOUTH, RANGE 40 EAST. PARCEL 2: THE SOUTH 231 FEET OF THE SW 1/4 OF THE SW 1/4 OF THE SE 1/4, OF SECTION 3, TOWNSHIP 36 SOUTH, RANGE 40 EAST. SITE ACERAGE: 3.39 ACRES PARCEL ID NUMBER: 3403-433-0009-000-9 Packet Pg. 179 8.A.1.c �D O �D Ln O w N 1* 41/1 m O 00 O O V m W 00 Co - 00 N m m_ m m t"m V m M O m 0 m r1 In LD m � m V N r-I N V m It Rl m 0 m m ID N al N al N m N m w N N N m 0 to N �D N" r, N N m N N N Vn u1 m- rV N rV N N N" N N N r r N N N w w w V w w w O m V w N w w m In w w w w w N LV n m w w w w w w w w W W 00 Co w W m m � m -1 m �t m tl m V m tr IT m o m <t m a o w m a� m O O m m m a"t m o m m m 'T m 't r m rl m m et m tt m v m a m v m v m v m v m v m IT m v m v m 1*v m m m It m m m m M M M %D M M M M m M M M M m m m m m m m m m m m m m m m m m m m m J LL J LL J LL J LL J LL J LL J LL J LL- J J LL J LL� J LL J LL Q Vr J LL J LL J LL J LL Z O J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL �L R w w w w w w w w w w w w N w Co w w w w w w w w w w w w w w w w w V V U U V u V L u U V V V V p V U U V V V V V U V U U1 Q1 Q/ US N N N N O N N N Q/ dl N a O N N fil a, a, N U1 O1 N w w w w 41 w w w a a a E a a a d ro E a a a r a s a C a a E n a a a a a a a a a a E a a a r t r r tf tf�; t t t `c t t E° t� r' t t r e t t t r t t t t tf t O O O O O cam_ ccam_ O p LL LL LL LL J U LL LL LL LLO LL D (/} d LLO LL C C LL C/1 LL LL LL LL LL LL LL LL LL LL LL LLO LL 9 •p ID O n 9 O m V -1 Vl r-I lD -4y > Y Y Y Y Y w w w T (j R w w Ol Cj V LL LL LL U n LL LL❑ 4 d # d d Q Q a' 3 > > f6 } f0 y1 Y d LL '6 a> a> wN�/1 N N N o v o o w o o N t > Q o o N r W r m 76 w w -^ y 3 w w 3" w w 3 w 33: w w w w 3 w 3 Q 3 O In O O w y 0 0 Q a 0 0 In u'1 m a T T} T} T T >. 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O O F co m O r mc 2 00 O r Ln e-i N O .-i LO m rl fn 00 4 00 O -1 CO N N N r-I N N M N V C LL LU a C m C O O u O C m E a E C O a E m c IJ a J m a c_ � J pap fa C � C C L C w � � V V V C C C O. 0 ' ❑_ 0 CQ 0 u '' LL uo u c E E N N N c V a y CmQ o Q E u a Y u m a E iv o F v a n o �- m v 1 0- a S J a o It O n d 1- 00 Ln fV 0 0 0 0 0 0 0 0 O O O O O P O 0 4 0 0 0 O a 0 0 d O 14 N m V Ln �D ry 0 M 0 m 0 m 0 m 0 m 0 m 0 M 0 00 0 00 0 00 0 w 0 w 0 w 0 w 0 m 0 Ln N Lh Lfl Lf Ln L! LY O O O O O O O O m M M M M m M m .-i N m Ln Ln n w v a s v v v v N Packet Pg. 181 8.A.1.c ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. The Applicant Proposes The Following Conditional Use: Regarding Property Located At: Currently Zoned: To allow for auto body repair services.. 5390 South US Highway No. 1 CG, Commercial General Please Return To: St. Lucie County, Planning & Development Services, Planning Division Planning Division — ATTN: Jeff Johnson 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: July 12, 2013 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 600 feet of the proposed Conditional Use. Name (Please Print): Address: Date, Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments. Project Name: CU 620134629 — All Florida_ Truck Sales, Inc.- Conditional Use Permit Form No. 07-26 Packet Pg. 182 8.A.1.c ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA July 18, 2013 NOTICE OF PROPOSED CONDITIONAL USE PERMIT The St. Lucie Counly Planning and Zoning Commission is scheduled to review and make recommendations regarding the following item petitioned by the applicant rot adoption by the Board of County Commissioners of St. Lucie County, Florida, by resolution. RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FORA CONDITIONAL USE PERMIT TO ALLOW FOR AUTO BODY REPAIR SERVICES ON CERTAIN PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. APPLICANT: All Florida "buck Sales, Inc. FILE NUMBER: CU 620134629 PURPOSE: A conditional use permit to allow for auto body repair services. LOCATION: 5390 South US Highway No. 1, Fort Pierce, FL PARCEL 1D NI791BER: 3403-433-0009-000-9 Midwa Rd ,Adl Florida Truck Sales,, ---- -- Y rT. CU-620134629 1 � f SrrjH od Ave i I Subject- - - Pfoperty b...- N Trotbcal Isles Way The Planning and Zoning Commission public hewing on this item will be held in the Commission Chambers. Roger Poitras Annex, 3rd Floor, St. Lucie County Adnunistralion Building, 2300 Virginia Avenue, Fort Pierce. Florida on Thursday. July 18, 2013 beginning at 6:00 p.m. or as Bonn thereafter as possible. All interested persons will he given an opportunity to be heard, Written comments received in advance of the public hearing will also be considered. Written comments to the Planning and Zoning Commission should be received by the Planning and Development Services Department - Pianning Division nt least 3 days prior to the scheduled hearing. The petition file is available for review at the Planning and Development Services Department offices located at 2300 Virginia Avenue, 2nd Moor, Fort Pierce, Florida, during regular business hours. Please call 7721462-2822 or TDD 7721462-1428 if you have any questions or require additional information. The St. Lucie County Planning and Zoning Commission has the power to review and recommend to the St. Lucie County Board of County Commissioners. for approval or disapproval, any applications within their area of responsibility. The proceedings of the Planning and Zoning Comnssion are electronically recorded. PURSUANTTO Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at a meefing or hearing. he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based Upon the request of any party to the proceeding. individuals testifying during a hearing will be sworn in. Any party to the proceeding will he granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a dale-eerlaln. Anyone with a disability requiring acconvrtndation to attend this meeting should contact the St. I-ucie County Community Risk Manger at least forty-eight(49) hours prior to the meeting at (772) 462-1546 or T.D.D. 7721462-142B. Any questions about this agenda may be referred to St. Lucie County Planning Division at (772) 462-2822. PLANNING AND ZONING COMMISSION/ LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA ISI BRITT REYNOLDS, CHAIR PUBLISH DATE: July 2, 2013 Packet Pg. 183 8.A.1.c uoi�ouodsuoil jrsao;nia5ulo�uawuon�u� BlnIJ0114nN adoH VCJWOld'AlNnoDji:)n vjS i f) O JC Nbld 311S bON1W N!DISgQ S31VS NDmi vcirdo13 llb NVI �eoae�aa�� o - a ° �E °y&� 6qs fk €3 = € o [y, 3� �{k 4 e s $A E%.6AN I-__________ ______________ ______________ u I II o .moo' I s I n, e -- liii 5 � o II I II 1ll II �i F eY 5 i 3� u I n oq u 8 F i AvMN'J�a 5n Ts�Y IM, Packet Pg. 184 1 8.A.1.c INOUN313U i I x a Packet Pg. 185 8.A.1.c wallaco Received By Planning Division JUL 8 2013 St. Lucie County St, LUCIS COUnty Attn: Planning & Development Services 2300 Virginia Ave. Fort Pierce, FL 34982 July 2, 2013 RE: All Florida Truck Sales — Conditional Use Application To Whom It May Concern: Wallace Lincoln has received a letter from Land Design South on behalf of an applicant seeking conditional use approval from St. Lucie County to sell and repair vehicles. The proposed address for this location is 5390 US Highway 1. Wallace Lincoln being an existing business in St. Lucie County that is within 500 feet of this proposed business would like to object to this rezoning because we feel it is an inappropriate use of that property. CEO/ President Wallace Lincoln s n11 111 � � pN �diPl�2C LINCOLN m HYunDRI xro] vo \ - Jeep Rw rw ` CHEVROLEr WALLACE AUTOMOTIVE GROUP 3801 SE Federal Highway, Stuart, FL 34997 HYUNDAI/VOLVO 772-283-6000 • CADILLAC 772-286-3555 • MAZDA 772-288-1999 • NISSAN 772-286-8000 CHRYSLER/JEEP/DODGE/RAM 772-220-3600 • LINCOLN 772-461-6060 • VOLKSWAGEN 772-219-0007 CHEVROLET 772-287-3232 Packet Pg. 186 8.A.1.c ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes The Following Conditional Use: Regarding Property Located At: Currently Zoned: To allow for auto body repair services.. 5390 South US Highway No. 1 CG, Commercial General Please Return To: St. Lucie County, Planning & Development Services, Planning Division Planning Division — ATTN: Jeff Johnson 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: July 2013 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE L'� I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name y� (Please Print). k o er- I T/% )9 �J E ! is Address: 2 -7 (9 1 .D w a_� tv 1:_�-S f %. Date: -j 6-3 Signed:t,, Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: ✓ A-i-x e d-- e e ">,ed 4 Av,) e S - ledm Project Name Form No. 07-26 Packet Pg. 187 8.A.1.c ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes The Following Conditional Use. - Regarding Property Located At: Currently Zoned: To allow for auto body repair services.. 5390 South US Highway No. 1 CG, Commercial General Please Return To: St. Lucie County, Planning & Development Services, Planning Division Planning Division — ATTN: Jeff Johnson 2300 Virginia Avenue, Ft_ Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: July 12, 2013 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 600 feet of the proposed Conditional Use. Name (Please Print): Address: Date: zzJ �L Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Project Name: CU 620134629 — All Florida Truck Sales, Inc.- Conditional Use Permit Form No. 07-26 Packet Pg. 188 8.A.1.c ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. The Applicant Proposes The Following Conditional Use: Regarding Property Located At: Currently Toned To allow for auto body repair services.. 5390 South US Highway No, 1 CG, Commercial General Please Return To. St. Lucie County, Planning & Development Services, Planning Division Planning Division — ATTN: Jeff Johnson 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1561 Please check only one of the three following statements and return by: July 12, 2013 1 AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL. USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): Address: 'k? c% / n Date: �� C' 1r j Signed: /Ioz - e_z Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: , Project Name: CU 620134629 — All Florida Truck Sales Inc.- Conditional Use Permit For No. 07-26. Q Packet Pg. 189 8.A.1.c ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. The Applicant Proposes The Following Conditional Use: Regarding Property Located At: Currently Zcned: To allow for auto body repair services.. 5390 South US Highway No. 1 CG, Commercial General Please Return To: St. Lucie County, Planning & Development Services, Planning Division Planning Division — ATTN: Jeff Johnson 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: July 12, 2013 I AM IN FAVOR OF THE PROPOSED CONDITIONAL. USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 600 feet of the proposed Conditional Use. Name (Please Print):` -- Address: - -` / t- - --Q_-� CL _ A'e .7 4- Date: r— Signed: &/Z Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Project Name: CU 620134629 — All Florida Truck Sales, Inc.- Conditional Use Permit Form No. 07-26 Packet Pg. 190 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Jeffrey Johnson, Senior Planner SUBMITTED BY: Planning Division 8.A.2 ITEM NO. RES-2013- 136 DATE: 08/06/2013 *PUBLIC HEARINGS SUBJECT: Conditional Use Permit - Sign With Me Christian Academy for a private elementary school (grades K-5) and pre-school programs located north of West Midway Road, between Christensen Road and Jorgensen Road - Quasi -Judicial BACKGROUND: This Conditional Use Permit for Sign with Me Christian Academy was submitted on May 30, 2013 to allow for a private elementary school (grades K - 5) along with pre-school programs on a 8.25 acre parcel located on the north side of West Midway Road, between Christensen Road and Jorgensen Road. The subject property is zoned I, Institutional and is designated P/F, Public Facilities on the Future Land Use Map. The applicant is requesting to occupy twelve classrooms that total 4,000 s.f. of building space in the east wing of an existing 12,951 s.f. place of worship. The educational services provided will operate between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, independent from other church related activities. There are no exterior improvements proposed. The applicant's traffic consultant, Engineering Design and Construction, Inc. has analyzed the existing and proposed traffic in the vicinity. Midway Road is currently operating at an acceptable C level of service and is scheduled to expand to four lanes in 2014 from 25' Street westward to Selvitz Road. The proposed traffic for the school is based on a maximum capacity of 87 students. Although turn lanes are not warranted at the present time, a condition of approval requires the applicant to submit a revised traffic study to the County in order to evaluate impacts and any need for improvements if the enrollment exceeds the maximum capacity threshold. At the July 18, 2013 public hearing on this matter, the Planning and Zoning Commission unanimously recommended approval of the request to the Board of County Commissioners. There was no public comment. Staff recommends that the Board adopt the attached Resolution approving a Conditional Use Permit. PREVIOUS ACTION: Packet Pg. 191 8.A.2 July 18, 2013 - Planning and Zoning Commission voted unanimously to forward a recommendation of approval to the Board of County Commissioners. FINANCIAL IMPACT: N/A RECOMMENDATION: Board adoption of a Resolution approving a Conditional Use Permit. COMMISSION ACTION: Coordination/Signatures 7"'0 /" xl��x Y M rk tl5rlre, P a ning & v Directo 7/26/2013 Lie/i S. McInt re ou Attorne 7 30 2013 ob entkofs Assist- it Count Admir,i. trato� 5. 2013 Y � Y Y / / Y� Y / / Updated: 7/31/2013 8:51 AM by Bob Bentkofsky Page 2 Packet Pg. 192 BOARD OF COUNTY COMMISSIONERS Hearing Date: Tuesday August 6, 2013 Applicant Sign With Me Christian Academy 10635 Pine Needle Dr. Fort Pierce, FL 34945 (772) 528-8308 Agent None. Future Land Use P/F - Public Facilities Existing Zonin_q Institutional Request Proposed conditional use permit for a private ele- mentary school (grades K- 5) and preschool pro- grams. Staff Jeffrey Johnson Senior Planner johnsonj@stlucieco.org (772) 462-1580 File Number CU 520134626 Sgn Wtlt Me Chnsliankademy CU-520134626 z Subjed Property rc U a � o: Midway Rd N' N Dan sa Rainbow Dr Lu Ln N A Sign With Me Christian Academy Conditional Use Permit CU-520134626 Sign With Me Christian Academy .�,;:• � ..-ATM~ ��+� ��::'�. r.�� C 4 4A yy3 � . 1Q � DANIELSST-.aw GRAY TWIG,LN` Subject property ^N Aerial date, 2010 I\ 500 ft notification area N Map preparetl May 31, 2013 Location: 3040 West Midway Road Protect Description Notice Requirements c A Conditional Use Permit for a Public hearing notice in accordance N private elementary school (grades K- with Section 11.00.03 of the Land W 5) and pre-school programs on a Development Code was placed in 8.25 acre parcel located north of the St. Lucie News Tribune on July L West Midway Road, between 25, 2013, letters were mailed to E Christensen Road and Jorgensen property owners within a 500 foot E Road (3040 West Midway Road). radius and a sign placed on the cn property. The proposed elementary school and o pre-school programs will be Recommendation a accessory to an existing church, The Planning and Zoning Midway Road Church of Christ and Commission met on July 18, 2013 E will occupy 12 classrooms totaling and recommends unanimous approximately 4,000 s.f. of building approval of this request to the r space. There are no proposed Board. There was no public Q exterior improvements to the subject comment. property. Staff recommends that the Board of County Commissioners adopt the Draft Resolution approving this request. Packet Pg. 193 8.A.2.b Resolution No. File No.: CU 520134626 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A PRIVATE ELEMENTARY SCHOOL (GRADES K-5) AND PRE-SCHOOL EDUCATION PROGRAMS IN THE I (INSTITUTIONAL) ZONING DISTRICT FOR PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. 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: 1. Sign With Me Christian Academy presented a petition for a Conditional Use Permit to allow for a private elementary school (grades K-5) and pre-school education programs, in the I (Institutional) Zoning District for the property depicted on the attached map in Exhibit "A" and described in Part B below. 2. On July 18, 2013 the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property and recommended that the Board of County Commissioners approve the hereinafter described request for a Conditional Use Permit in the I (Institutional) Zoning District for the property described in Part B. 3. On August 6, 2013 this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed Conditional Use Permit, with the conditions therein, is consistent with the goals, objectives and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land Development Code. FINDINGS OF FACT Based on the evidence presented and also based upon the inclusion of the conditions of approval as set forth below in this resolution, the Board of County Commissioners finds as follows: 1. The proposed project is consistent with the goals, objectives and policies of the Future Land Use Element of the St. Lucie County Comprehensive Plan, and, subject to the conditions contained in this resolution, meets the technical requirements of the St. Lucie County Land Development Code. August 6, 2013 Resolution No. XXXXX File No.: CU 520134626 Page 1 Packet Pg. 194 8.A.2.b 2. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, and other matters affecting the public health, safety, and general welfare. 3. All reasonable steps have been taken to minimize any adverse effect on the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 4. The proposed project is constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, having made the findings of fact set forth above, makes the following conclusions of law: A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a Conditional Use Permit to allow for a private elementary school and pre-school programs, in the I (Institutional) Zoning District, at the location described in Part B, and depicted on the map attached as Exhibit A, is hereby approved subject to the following conditions: 1. The elementary school shall be restricted to grades kindergarten through fifth grade. The total number of students enrolled in the elementary school and pre-school programs at any time, shall be limited to 87. If the total enrollment exceeds 87 students, an adjustment to the Conditional Use is required to evaluate traffic impacts and if any roadway improvements are warranted. 2. The hours of operation shall be from 7:00 a.m. to 5:30 p.m., Monday through Friday. 3. Within 180 days of Conditional Use approval, all invasive exotic vegetation located on the property shall be removed (LDC Section 7.09.05). 4. The County's issuance of development approval does not constitute compliance with any federal and state requirements. Applicable federal and state approvals/permits are required prior to the commencement of any development activity (i.e. clearing, grading, removing structures, etc.). The responsibility for contacting federal and state agencies, procuring permits/approvals and compliance with applicable laws are the sole responsibility of the applicant. 5. Per Section 125.022, Florida Statutes the issuance of development approval 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. August 6, 2013 File No.: CU 520134626 Page 2 Resolution No. XXXXX Packet Pg. 195 8.A.2.b 6. Copies of all applicable state or federal permits/written approvals are required by the County prior to issuance of a Vegetation Removal Permit and any development activity. B. The subject property is described as follows: TOWNSHIP 5, RANGE 36 SOUTH, SECTION 40 EAST, THE 320 FEET OF LOT 94 AND LOT 95 OF WHITE CITY SUBDIVISION AND THE EAST 166 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4. TAX ID NUMBER: 3405-133-0001-000-8 C. The Certificate of Capacity, attached as Exhibit B, shall be valid for the same period as this order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. D. The approvals and authorizations granted by this Resolution are for the purpose of obtaining a Building Permit or Zoning Compliance from St. Lucie County. E. The approvals and authorizations granted by this Resolution shall expire on August 6, 2014, unless a Building Permit or Certificate of Zoning Compliance is obtained for the uses described in Part A above, or an extension has been granted in accordance with Section 11.07.05(F), St. Lucie County Land Development Code. August 6, 2013 File No.: CU 520134626 Page 3 Resolution No. XXXXX Packet Pg. 196 8.A.2.b After motion and second, the vote on this Resolution was as follows: Tod Mowery, Chairman XXX Frannie Hutchinson, Vice -Chair XXX Chris Dzadovsky, Commissioner XXX Paula A. Lewis, Commissioner XXX Kim Johnson, Commissioner XXX PASSED AND DULY ADOPTED this 6th day of August, 2013. ATTEST: DEPUTY CLERK August 6, 2013 File No.: CU 520134626 Page 4 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA Chairman APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Q Resolution No. XXXXX Packet Pg. 197 8.A.2.b Exhibit A Site Location Map Sign With Me Christian Academy CU-520134626 i a� Subject Property � U � c � D `o U) C� Midway Rd L L O 7 N U) Dani Is St Rainbow Dr l I Lucy Ln N -- A August 6, 2013 File No.: CU 520134626 Page 5 Q Resolution No. XXXXX Packet Pg. 198 8.A.2.b August 6, 2013 File No.: CU 520134626 Page 6 Exhibit B Certificate of Capacity Resolution No. XXXXX Packet Pg. 199 8.A.2.c ITEM NO. III-B DATE: 07/18/13 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING (X) LEG. ( ) QUASWD (X) CONSENT ( ) TO: PLANNING AND ZONING COMMISSION PRESENTED BY: Jeffrey Johnson SUBMITTED BY: Planning and Development Services Senior Planner Department, Planning Division SUBJECT: Conditional Use Permit Request -- Sign With Me Christian Academy for a private elementary school (grades K-5) and pre-school programs located north of West Midway Road, between Christensen Road and Jorgensen Road. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: NIA PREVIOUS ACTION: NIA RECOMMENDATION: Forward a recommendation of approval to the Board of County Commissioners for attached Draft Resolution. County Attorney (X) Coordination/Signatures County Surveyor { X) Daniel S. McIntyre County Engineer ( X ) /4_�Id/a Michael Powley Originating Dept. ( X ) m Mark Satterlee Ron Harris ERD (X) OKI Karen Smith Packet Pg. 200 PLANNING AND ZONING COMMISSION Hearing Date: Thursday July 18, 2013 Applicant Sign With Me Christian Academy 10635 Pine Needle Dr. Fort Pierce, FL 34945 (772) 528-8308 AA ent None. Future Land Use PIF - Public Facilities Existing Zonin_q Institutional Request Proposed conditional use permit for a private elementary school (grades K-5) and pre- school programs. Staff Jeffrey Johnson Senior Planner johnsonj@stlucieco.org (772) 462-1580 File Number CU 520134626 $TV&Vi"ice z � Pr a ` ip wt a Y N 14d�ay Rd it=lr I S 1 aRyk. Cr , �LL • AGENDA ITEM III-B Sign With Me Christian Academy Conditional Use Permit Location: 3040 West Midway Road Project Description A Conditional Use Permit for a private elementary school (grades K-5) and pre-school programs on a 8.25 acre parcel located north of West Midway Road, between Christensen Road and Jorgensen Road (3040 West Midway Road). Notice Reauirements Public hearing notice in accordance with Section 11.00.03 of the Land Development Code was placed in the St. Lucie News Tribune on July 1, 2013, letters were mailed to property owners within a 500 foot radius and a sign The proposed elementary school placed on the property. and pre-school programs will be accessory to an existing church, Staff Recommendation Midway Road Church of Christ Staff recommends that the and will occupy 12 classrooms proposed Conditional Use totaling approximately 4,000 s.f. Permit (Draft Resolution) be of building space. There are no forwarded to the Board of proposed exterior improvements County Commissioners with a to the subject property. recommendation for approval subject to conditions. Packet Pg. 201 8.A.2.c Planning and Development Services Planning Division MEMORANDUM TO: Planning and Zoning Commission THROUGH: Mark Satterlee, AICP, Director Leslie Olson, Planning Manager FROM: Jeffrey Johnson, Senior Planner DATE: July 18, 2013 SUBJECT: Conditional Use Permit Request — Sign With Me Christian Academy for a private elementary school (grades K-5) and pre-school programs located north of West Midway Road, between Christensen Road and Jorgensen Road. ITEM NO: III-B GENERAL INFORMATION Applicant: Sign With Me Christian Academy Agent for Applicant: None Property Owner: Midway Road Church of Christ Location: 3040 West Midway Road, Fort Pierce, FL Parcel Id Number: 3405-133-0001-000-8 Parcel Size: 8.25 acres Existing Uses: Place of Worship Proposed Use(s): Elementary School (K-5) and Pre -School Programs Wetlands: None Urban Service Boundary: Inside Packet Pg. 202 8.A.2.c Conditional Use Permit — CU520134626 Sign With Me Christian Academy July 18, 2013 Page 2 Existing Land Use and Zoning: Future Land Use Zoning Existing Land Use P/F Public Facilities I Institutional Place of Worship Surrounding Land Use and Zoning: Future Land Use Zoning Existing Land Use North RS (Residential AR-1 (Agricultural Single Family Residences Suburban - 2 Residential - du/acre) 1 dulacre South RU (Residential CO (Commercial Vacant Urban — 5 du/ace) Office) and PUD (Planned Unit Develo ment East RS (Residential AR-1 (Agricultural Single Family Residences Suburban - 2 Residential — 1 du/acre) dulacre West RS (Residential AR-1 (Agricultural Commercial Offices and Suburban - 2 Residential — 1 Single Family Residences du/acre) du/acre) and CO (Commercial Office) BACKGROUND INFORMATION Sign With Me Christian Academy is requesting a Conditional Use Permit to allow for a private elementary school (grades K-5) along with pre-school programs on a 8.25 acre parcel located on the north side of West Midway Road, between Christensen Road and Jorgensen Road. The subject property is zoned I, Institutional and is designated P/F, Public Facilities on the Future Land Use Map. Educational services and facilities are allowed in the Institutional Zoning District as a Conditional Use according to Section 3.01.03.X.7.f of the St. Lucie County Land Development Code. The applicant is requesting to occupy approximately 4,000 square feet of building space classroom space located in the east wing of an existing 12,951 s.f. place of worship. The proposed elementary school and pre-school education programs will operate 7:00 a.m. to 5:30 p.m., Monday through Friday, independent from other church related activities. There are no exterior improvements proposed. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LDC Section 11.07,03, Standards for Review of Conditional Use Permits establishes the criteria that shall be reviewed prior to the issuance of a Conditional Use Permit. The applicant shall demonstrate the following: Packet Pg. 203 8.A.2.c Conditional Use Permit -- CU520134626 Sign With Me Christian Academy July 18, 2013 Page 3 A. CONSISTENCY WITH LAND DEVELOPMENT CODE AND COMPREHENSIVE PLAN Consistencv with Land Development Code Reaulations The proposed conditional use is not in conflict with any applicable portions of the St. Lucie County Land Development Code (LDC). There no exterior improvements proposed. Compliance with Comprehensive Plan The proposed educational facilities further the goals, objectives and policies of the St. Lucie County Comprehensive Plan Schools Facilities Element. Based on the occupancy required by Florida Building Code, the proposed school could enroll up to approximately 125 students which will contribute and have a positive impact to the level of education services and help ensure that overall capacity for schools is sufficient to support the residents in the County. B. EFFECT ON ADJACENT PROPERTIES The proposed conditional use should not have an undue adverse effect upon nearby properties. The majority of the educational activities will take place indoors within classrooms between the hours of 7:00 a.m. and 5:30 p.m., Monday through Friday. There is an existing fenced outdoor playground in the rear of the building that will be used for recreation purposes. This playground is located approximately 100 feet from the closest single family residence that lies to the east of the subject property. Mr. L, Duffy, the owner of this residence, has provided a letter of no objection for the proposed uses (see attached letter). C. ADEQUACY OF PUBLIC FACILITIES The proposed uses are not expected to create significant additional demands on any public facilities in this area. The subject property is located inside the urban service boundary where adequate public services are provided. WaterNVastewater The subject property is currently served by FPUA water and has an on -site septic tank to dispose waste. Transportation System The applicant's traffic consultant, Engineering Design and Construction, Inc. analyzed the existing and proposed traffic along the Midway Road corridor which serves as a major east/west corridor and a hurricane evacuation route. This section of Midway Road is currently operating at an acceptable C level of service and averages 13,500 daily trips. The a.m. peak hour and p.m. peak hour volumes are 1,132 and 1,200 respectively. Midway Road is scheduled to expand to four lanes from 25th Street westward to Selvitz Road with construction commencing in the first quarter of 2014. Packet Pg. 204 8.A.2.c Conditional Use Permit - CU520134626 Sign With Me Christian Academy July 18, 2013 Page 4 Based on the projected maximum total number of students, including the trips generated, the peak hour a.m. left turn movements will be 27 trips which is under the threshold of thirty movements which typically warrants the addition of a left turn lane. The peak a.m. right turn movement is 50 movements which is under the threshold of sixty movements which typically warrants the addition of a right turn lane. Therefore, concurrency has been met and the traffic volumes in and out of the proposed project do not warrant turn lanes. There is adequate parking on -site and the driveway is expected to operate acceptably. To be a good neighbor and reduce traffic congestion in the immediate area, the applicant has staggered the operation hours of their school to avoid traffic conflicts with the Liberty Baptist Church and Academy that is located approximately 113 mile to the west. The morning activity is off -set by an hour between the two facilities. School Hours of Operation Enrollment Sign With Me Christian Academy 7:00 a.m. to 5:30 p.m. 87 (pre K through 5) Liberty Baptist School 8:00 a.m. to 3:00 p.m. 400 re K-4 through 12 A condition of approval limits the total enrollment of pre-school and elementary students to 87. If the enrollment exceeds this amount, an adjustment to the Conditional Use Permit is required to be submitted to the Planning Division, along with a traffic report to review traffic impacts and any improvements that may be required. D. ADEQUACY OF FIRE PROTECTION The St. Lucie County Fire District has reviewed and coordinated the application with the Development Review Committee (DRC). The Fire District has conducted several on -site inspections to ensure compliance with the Florida Fire Prevention Code and the Florida Life Safety Code. E. ENVIRONMENTAL IMPACT The Environmental Resources Department has reviewed the application and submitted the following report: Background The Environmental Resources Department (ERD) is in receipt of the May 29, 2013 Planning and Development Services' date -stamped submittal. The applicant requests approval of a Conditional Use to operate a K-5 grade school with pre-school programs at an existing church. Environmental Resources staff has completed a site inspection and review. The 8.2-acre site currently consists of a church building, with associated accessory buildings and parking. Multiple native oak, cabbage palm, and pine trees are located on the parcel. The proposed Conditional Use will not result in any additional development footprint or buildings, Packet Pg. 205 8.A.2.c Conditional Use Permit — CU520134626 Sign With Me Christian Academy July 18, 2013 Page 5 Findings The on -site native habitat will not be impacted as a result of the proposed Conditional Use. Some exotics including Brazilian pepper are present along the eastern and northern property lines. A condition of approval will require removal of all Florida Exotic Pest Plant Council Category I and II listed invasive species. Conditions of Approval 1) Within 180 days of Conditional Use approval, all invasive exotic vegetation located within the Conditional Use area shall be removed (LDC Section 7.09.05). 2) The County's issuance of development approval does not constitute compliance with any federal and state requirements. Applicable, federal and state approvals/permits are required prior to the commencement of any development activity (i.e. clearing, grading, removing structures, etc.). The responsibility for contacting federal and state agencies, procuring permitslapprovals and compliance with applicable laws are the sole responsibility of the applicant. 3) Per Florida Statute 125.022, the issuance of development approval 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. 4) Copies of all applicable state or federal permits/written approvals are required by the County prior to issuance of a Vegetation Removal Permit and any development activity. FINDINGS AND RECOMMENDATION The Development Review Committee (DRC) certified this project on June 20, 2013. Staff finds that, with the conditions of approval as drafted, this petition meets the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that the Planning and Zoning Commission forward a recommendation of approval for this petition to the Board of County Commissioners, subject to the conditions set forth in the Draft Resolution. Packet Pg. 206 8.A.2.c Conditional Use Permit — CU520134626 Sign With Me Christian Academy July 18, 2013 Page 6 Suggested motion to recommend approval/denial of this requested conditional use. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION GRANTING APPROVAL TO THE PETITION OF SIGN WITH ME CHRISTIAN ACADEMY FOR A CONDITIONAL USE PERMIT TO ALLOW A PRIVATE ELEMENTARY SCHOOL (GRADES K- 5) AND PRE-SCHOOL PROGRAMS IN THE INSTITUTIONAL ZONING DISTRICT, BECAUSE... [LIST CONDITION(S)] MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION DENYING THE PETITION OF SIGN WITH ME CHRISTIAN ACADEMY FOR A CONDITIONAL USE PERMIT TO ALLOW A PRIVATE ELEMENTARY SCHOOL (GRADES K-5) AND PRE-SCHOOL EDUCATION PROGRAMS IN THE INSTITUTIONAL ZONING DISTRICT, BECAUSE... (CITE REASON(S) WHY - PLEASE BE SPECIFIC] Packet Pg. 207 8.A.2.c 7 Environmental Resources Department Final Report TO: Jeffrey Johnson, Planning & Development Services Department THROUGH: Karen L. Smith, Environmental Resources Department Director FROM: Benjamin Ba[cer, Senior Environmental Planner Amy Griffin, Environmental Regulations and Lands Manager DATE: June 10, 2013 SUBJECT: Sign With Me Christian Academy CU 520134626 Background The Environmental Resources Department (ERD) is in receipt of the May 29, 2013 Planning and Development Services' date -stamped submittal. The applicant requests approval of a Conditional Use to operate a K-5 grade school with pre-school programs at an existing church. Environmental Resources staff has completed a site inspection and review. The 8.2-acre site currently consists of a church building, with associated accessory buildings and parking. Multiple native oak, cabbage palm, and pine trees are located on the parcel. The proposed Conditional Use will not result in any additional development footprint or buildings. Findings The onsite native habitat will not be impacted as a result of the proposed Conditional Use. Some exotics including Brazilian pepper are present along the eastern and northern property lines. A condition of approval will require removal of all Florida Exotic Pest Plant Council Category I and 11 listed invasive species. Conditions of Approval 1) Within 180 days of Conditional Use approval, all invasive exotic vegetation located within the Conditional Use area shall be removed (LDC Section 7.09.05). 2) The County's issuance of development approval does not constitute compliance with any federal and state requirements. Applicable, federal and state approvals/permits are required prior to the commencement of any development activity (i.e. clearing, grading, removing structures, etc.). The responsibility for contacting federal and state agencies, procuring permits/approvals and compliance with applicable laws are the sole responsibility of the applicant. 3) Per Florida Statute 125.022, the issuance of development approval does not create any liability on the part of the county if the applicant fails to obtain requisite approvals or fulfill the Packet Pg. 208 8.A.2.c Environmental Resources Department Sign With Me Christian Academy CU June 2013 obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 4) Copies of all applicable state or federal permits/written approvals are required by the County prior to issuance of a Vegetation Removal Permit and any development activity. Please contact Ben Balcer at 772-462-2866 if you have any questions. C:IOutlook TennplSign With Me Christian Academy CU.docx Packet Pg. 209 8.A.2.c Resolution No. File No.: CU 520134626 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A PRIVATE ELEMENTARY SCHOOL (GRADES K-5) AMD PRE-SCHOOL EDUCATION PROGRAMS IN THE I (INSTITUTIONAL) ZONING DISTRICT FOR PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. 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: 1. Sign With Me Christian Academy presented a petition for a Conditional Use Permit to allow for a private elementary school (grades K-5) and pre-school education programs, in the I (Institutional) Zoning District for the property depicted on the attached map in Exhibit "A" and described in Part B below. 2. On July 18, 2013 the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property and recommended that the Board of County Commissioners approve/deny the hereinafter described request for a Conditional Use Permit in the I (Institutional) Zoning District for the property described in Part B. 3. On , 2013 this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed Conditional Use Permit, with the conditions therein, is consistent with the goals, objectives and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land Development Code. FINDINGS OF FACT Based on the evidence presented and also based upon the inclusion of the conditions of approval as set forth below in this resolution, the Board of County Commissioners finds as follows: 1. The proposed project is consistent with the goals, objectives and policies of the Future Land Use Element of the St. Lucie County Comprehensive Plan, and, subject to the conditions contained in this resolution, meets the technical requirements of the St. Lucie County Land Development Code. July 18, 2013 File No.: CU 520134626 Page 1 Resolution No. XXXXX Packet Pg. 210 8.A.2.c 2. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, and other matters affecting the public health, safety, and general welfare. 3. All reasonable steps have been taken to minimize any adverse effect on the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 4. The proposed project is constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, having made the findings of fact set forth above, makes the following conclusions of law: A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a Conditional Use Permit to allow for a private elementary school and pre-school programs, in the I (Institutional) Zoning District, at the location described in Part B, and depicted on the map attached as Exhibit A, is hereby approved subject to the following conditions- 1 . The elementary school shall be restricted to grades kindergarten through fifth grade. The total number of students enrolled in the elementary school and pre-school programs at any time, shall be limited to 87. if the total enrollment exceeds 87 students, an adjustment to the Conditional Use is required to evaluate traffic impacts and if any roadway improvements are warranted. 2. The hours of operation shall be from 7:00 a.m. to 5:30 p.m., Monday through Friday. 3. Within 180 days of Conditional Use approval, all invasive exotic vegetation located on the property shall be removed (LDC Section 7.09.05). 4. The County's issuance of development approval does not constitute compliance with any federal and state requirements. Applicable federal and state approvals/permits are required prior to the commencement of any development activity (i.e. clearing, grading, removing structures, etc.). The responsibility for contacting federal and state agencies, procuring permits/approvals and compliance with applicable laws are the sole responsibility of the applicant. 5. Per Florida Statute 125.022, the issuance of development approval 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. July 18, 2013 File No.: CU 520134626 Page 2 Resolution No. XXXXX Packet Pg. 211 8.A.2.c 6. Copies of all applicable state or federal permits/written approvals are required by the County prior to issuance of a Vegetation Removal Permit and any development activity. B. The subject property is described as follows: TOWNSHIP 5, RANGE 36 SOUTH, SECTION 40 EAST, THE 320 FEET OF LOT 94 AND LOT 95 OF WHITE CITY SUBDIVISION AND THE EAST 166 FEET OF THE SOUTHEAST 114 OF THE SOUTHWEST 114 OF THE SOUTHWEST 114. TAX ID NUMBER: 3405-133-0001-000-8 C. The Certificate of Capacity, attached as Exhibit B, shall be valid for the same period as this order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. D. The approvals and authorizations granted by this Resolution are for the purpose of obtaining a Building Permit or Zoning Compliance from St. Lucie County. E. The approvals and authorizations granted by this Resolution shall expire on 2014, unless a Building Permit or Certificate of Zoning Compliance is obtained for the uses described in Part A above, or an extension has been granted in accordance with Section 11.07.05(F), St. Lucie County Land Development Code. July 18, 2013 File No.: CU 520134626 Page 3 Packet Pg. 212 8.A.2.c After motion and second, the vote on this Resolution was as follows: Tod Mowery, Chairman XXX Frannie Hutchinson, Vice -Chair XXX Chris Dzadovsky, Commissioner XXX Paula A. Lewis, Commissioner XXX Kim Johnson, Commissioner XXX PASSED AND DULY ADOPTED this day of 2013. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA M ATTEST: DEPUTY CLERK July 18, 2013 File No.: CU 520134626 Page 4 Chairman APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Resolution No. XXXXX Packet Pg. 213 8.A.2.c Exhibit A Site Location Map Sign With Me Christian Academy CU-520134626 cif Subject N Property U) U c � O o Midway Rd'� ibls St July 18, 2013 File No.: CU 520134626 Page 5 Dr Resolution No. XXXXX Packet Pg. 214 I 8.A.2.c I E co N N 73--0 Co z � IQunoj aagogoaaNp V, Packet Pg. 215 8.A.2.c s— N 01 1S Hl9Z S � Q 1S H19Z S O N 0 m U o N Z T U a• v C. r� Q J I C p U U V j 7 7 0 O IL ■ ■■w .� it ice' ❑ .N co-,r ♦♦ co �♦ ♦ ♦ �EEEE co MI,N3SN�0210r ° U- li l- ♦ mwma�a� N O ,m d. ccU r Us zi- f f � a V b ■ • C N C N 0 V) O C a t°�� CN ■ ■ ❑ Nmcn ' ' O ■ m `° 0 U L� �= ■ U) 7-��zb 5 '�/� r�� V J ♦ z � c n *♦ ❑ E E E p rnrnEEEw A t/l ♦ LF Q Q O O O UUU-N a: N3SN31S12iH� �♦ z o G ¢ ¢ i U •IP • r a ■ ■ ■ ■ r . ■ • M s I cu Q Q cu O o m r Q ' LL — O .� L Q _ O U C H O — O ' (11 U-) 0: Or Packet Pg. 216 8.A.2.c -F I O ) L I I z � 1.S H19Z S 1S H19Z S cO M o J U N cli LL Q1 ro a d Q ry O U � z � o aH-N3SN30HEA (14 i3 M _ � cq ■ �/ �} r — ?iEu- 0'dINIJbIA fS E a U .v o U) 0 J,.]- Oyu»lqrw Uaww • F, F— • a2�-N3SN31SWH') *♦ LL M 10 E L L. 0— (1) L m O 4-0 cu CL 0 O n/ LL Q L � Q ++ O � U C W LL o LL U LO EL ■.. ■ ■ ab;rvNn� :. Packet Pg. 217 r El M .0 4-d (o CL 10 0 - CL 0 4-0 ii O C) Lo I Packet Pg. 218 8.A.2.c ST. LUCIE COUNTY Planning & Development Services Department Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 -- Fax: 772-462-1581 http://www.stiucieco.org/planning/planning.htm DEVELOPMENT APPLICATION Prior to submittal, all applications require a pre -application conference. Please contact the Planning Division to schedule an appointment. Submittal Tvpe rcheck each that aaalies Site Plan Rezoning' ❑ Major Site Plan © Rezoning (straight rezoning) ❑ Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment 4 ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Future band Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment ❑ Minor Adjustment to Minor Site Plan Other n Minor Adjustment to PUD/PNRD/PMUD ❑ Administrative Relief Planned Development E Class A Mobile Home s ❑ Planned Town or Village (PTV) ❑ Developer Agreement (Submit per LDC ❑ Planned Country Subdivision (PCS) 11.08.03) ❑ Planned Retail Workplace (PRW) ❑ Power Generation Plants ❑ Prelim. Planned Unit Develop. (PUD) ❑ Extension to Development Order ❑ Prelim. Planned Mixed Use Develop, (PMUD) ❑ Historical Designation/Change e ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Land Development Code Text Amendment' ❑ Final Planned Unit Develop. (PUD) ❑ Plat ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Post Development Order Change ❑ Final Planned Non -Res. Develop. (PNRD) ❑ Re -Submittal # a nditional Use ' El Shoreline Variance .0 Conditional Use © Stewardships — Sending/Receiving ❑ Major Adjustment to a Conditional Use ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Minor Adjustment to a Conditional Use ❑ Transfer of Development Rights Variance z ❑ Waiver to LDC/Comp. Plan Requirements e ❑ Administrative Variance ❑ Appeal of Decision by Administrative Official1° © Variance ❑ Eminent Domain Waiver" ❑ Variance to Coastal Setback Line Application Supplement Packages 1. Conditional Use 6. Historical Designation/Change 10. Appeal of Decision by 2. Variance 7. LDC Text Amendment Administrative Official 3, Rezoning I Zoning Atlas Amend, S. Re- Submittal 11. Eminent Domain Waiver 4. Comp. Plan Amendments 9. Waiver to LDC/Comp. Plan 5. Class A Mobile Home Requirements Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Page 1 of 6 Revised May 6, 2013 Received By Planning Division St. Lucie Packet Pg. 219 8.A.2.c FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planninq Division Application Type: Supplemental Application Package No.: (Please provide separate fee calculation worksheet for each application type) G BASE REVIEW FEE: $ (- (A) ❑ CONCURRENCY FEE: $ _ (B) ❑ ERD REVIEW FEE: $ JU (C) ❑ UTILITIES $ ❑ PER ACREAGE CHARGE: $ (D) o RESUBMITTAI_ FEE: (if applicable) $ (E) o OTHER $ SUBTOTAL OF BASIC FEES: $ ❑ PRE -APPLICATION MEETING FEE: (F) $() deduction Receipt No. of Payment: Date of Pre App: r BALANCE OF FEES DUE: $ SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code © $950.00 —Methodology Meeting (H) (If Applicable) • Additional fees will be due if a 31d party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from V party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies; i.e. Fire District and proof of payment will be required prior to project approval. Pre -Application Meeting Request Applicant Name (Frinted) ^ �ignature of applicant (For office use only) INTAKE REVIEWER - SIGNATURE DATE VERIFIED BY - SIGNATURE DATE File Number: Receipt Number: Page 2 of 5 Revised May 6. 2013 Packet Pg. 220 8.A.2.c 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. AI pplications must include the following: Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) ❑ Aerial Photograph -- property outlined (available from Property Appraiser's office >:L Property Deed Legal description, in MS Word format, of subject property ❑ Property Tax Map -- property outlined (electronic copy not required) ❑ Survey ❑ 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) ❑ Concurrency Deferral Affidavit; or ❑ Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: ❑ Site Plan 24"x36n at a scale of 1 "=50' (12 copies- folded, not rolled) ❑ Boundary Survey - Signed and Sealed (12 originals) 0 Topographic Survey - Signed and Sealed (12 originals) ❑ Landscape Plan -Signed and Sealed (12 originals) ❑ 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)) ❑ Environmental Impact Report (4 copies) if:(See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC"; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; o Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: ❑ Letter of justification - submitted at least 2 weeks prior to expiration. (LDC 11.02,06) ❑ Updated Traffic Analysis if applicable (4 copies) ❑ Approved Resolution or GM Order Final Plats only require 2 CDs (follow specifications above) & 4 copies of the following: ❑ Main Application and back up material ❑ Approved Site Plan and copy of approved Development Order ❑ Plat - Include extra copies of Plat for applicable conditions of approval Four 4 Original M lars are due following final staff review. *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 May 6, 2013 Packet Pg. 221 8.A.2.c Prolect Information Project Name: Site address: Parcel ID Number(s): Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) Property location — SectionfTownship/Range: Property size W- acres: Square footage. Future Land Use Designation: Zoning District: Description of project: (Attach additional sheets if necessary) Type of construction (check all applicable boxes): Commercial Total Square Footage: Existing Industrial Total Square Footage: Existing Residential No. of residential units: Existing No. of subdivided lots. Existing Other Please specify: Number and size of out parcels (if applicable). Page 4 of 6 Revised May 6, 2013 Proposed: Proposed: Proposed: Proposed:____ Packet Pg. 222 8.A.2.c 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): Anent Information: Business Name- _$A-Z- Business Name: CA -Name )ZA 5 iou� C. L� Name: Address: lo[n�6 ,OQE� P Address: � e�> �. � E1 -Sqs 4s (Please use an address that can accept overnight (Please use an address that can accept overnight packages) packages) Phone: ca, Q\� "%,9 C Phone: Fax: Fax: Email: �' ' Email: t Please note: both applicant and agent will receive all official correspondence on this project. Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner, Proper``i Owner Signaturre Mailing Address: 3() l_U a.i I12 �JGt! 04 rb. M l'-41-e/ Property Owner Name (Pnnted) Phone: 77)—''/'?SZ, 2- O Z. If more than one owner, please submit additional pages j{Ai !- ► J 10-4 -Cy rr � STATE OF r,r�° I,^:i! 7,,COUNTYOF The foregoing instrument was acknowledged before me this iday of 1 ::' -`, 20 r r by ` ' '� JJ ' ,{! i._.t�.:'o who is personally Known to me or who has�produced ie _ ._ 1 r DAWN B� Notary Public - Commission # EE Banded Through National Page 5 of 6 Revised May 6, 2013 as Identifica Ian. Type or Print Name or Notary ion Number DAWN MILONE _ .Notary Public . 5tate of f1 rida My Comm. ExpuFes Mar 22, 2011 Commission # EE 877571 Bonded Through H� rona' HeEary Assn. Packet Pg. 223 8.A.2.c Required Document List ---- �_ _ „Naming * All electronically submitted documents must be formatted and named according to the list below. If your submittal includes a document not on the list, the document name shall clearly reflect the content of the submitted document. " Document Document Format Required Name on CD Aerial Photograph PDF Aerial. df Application PDF Application.pdf Approval Order PDF AppravalOrder. df Architectural Elevations PDF ArchElev. df Boundary I Topographic Survey PDF Bounds Topo. pdf Drains e 1 Stormwater Plan PDF Drains ePln. df Easements PDF Easements.pdf Environmental Impact Report PDF or Word EIR.pdf or EIR.doc Existing Condition Plan PDF ExistingCond.pdf Flood Plain PDF or Word Flood.pdf or Flood. Doc Landscape Plan PDF Landscape.pdf Leg'al Description Word Le al.doc Lighting Plan PDF Lighting.pdf Mitigation Plan PDF Miti ation. df Mobile Home Plans PDF or Word MobileHome. df or MobileHome.doc Paving Plan PDF Paving.pdf Permit (External) PDF Permit.pdf Plat PDF Plat.pdf or Plat.doc Property Deed PDF Deed.pdf Site Plan PDF SitePlan.pdf Traffic Impact Report PDF or Word TIR.pdf or TIR.doc Tree Survey PDF Tree.pdf Turtle Protection PDF or Word Turtle. df or Turtle.doc Utility.Plan PDF Utilijty,pdf Vegetation Removal Application PDF Ve etation. df Page 6 of 6 Revised May 6, 2013 Packet Pg. 224 8.A.2.c Midway Road Church of Christ 3040 W. Midway Road 7721461-8147 Fort Pierce, FL 34981-4955 mrcc@,midwayroadcofc.fdn.com www.midwayroadcoc org May 25, 2013 TO WHOM IT MAY CONCERN I am writing this letter to advise that I am the owner of the property just east of Midway Road Church and will be residing on that property in the near future. I have no objection whatsoever to the operation of a school by Midway Road Church of Christ on their property. Signature Printed Name �- -DUrQ`1k0--? Addressc29qV Midway Road, Fort Pierce, FL 34981 Packet Pg. 225 8.A.2.c 4.' Midway Road Church of Christ 3040 W, Midway Road 7721461-8147 Fort Pierce, FL 34981-4955 mrcc@midwayroadcofc.fdn .corn www.midwa roadcoc.or May 26, 2013 St. Lucie County Planning And Development Services Dept. 2300 Virginia Avenue Fort pierce, FL 34982 RE: Midway Road Application for Conditional Use Dear Sir or Madam: This letter is written to offer further information with regard to our Application for Conditional Use. The preschool that plans to operate in twelve class rooms in the education wing of our facility will be open from 7:00 am to 5:30 pm Monday through Friday. The Church conducts its services from 9:30 am to 11:30 am and from 6.00 pm to 7:00 pm on Sunday and from 7 pm to 8 pm on Wednesday. Their hours of operation will not ever conflict with our use of the building. The property on which the school will be located has 90 marked parking spaces, 10 of which are designated for handicap parking. The operation of this school in our facility will be extremely beneficial to us in financial areas as well as helping us to accomplish what churches do by the very definition of the reason for their existence. Sincerely, T!7 Robert A. Hawley'fI Vice President Midway Road Churcof Christ, Inc. Packet Pg. 226 Midway Road Church of Christ 3040 W, Midway Road 7721461-8147 Fort Pierce, FL 34981-4955 mrcc@midwayroadcofc.fdn .corn www.midwa roadcoc.or May 26, 2013 St. Lucie County Planning And Development Services Dept. 2300 Virginia Avenue Fort pierce, FL 34982 RE: Midway Road Application for Conditional Use Dear Sir or Madam: This letter is written to offer further information with regard to our Application for Conditional Use. The preschool that plans to operate in twelve class rooms in the education wing of our facility will be open from 7:00 am to 5:30 pm Monday through Friday. The Church conducts its services from 9:30 am to 11:30 am and from 6.00 pm to 7:00 pm on Sunday and from 7 pm to 8 pm on Wednesday. Their hours of operation will not ever conflict with our use of the building. The property on which the school will be located has 90 marked parking spaces, 10 of which are designated for handicap parking. The operation of this school in our facility will be extremely beneficial to us in financial areas as well as helping us to accomplish what churches do by the very definition of the reason for their existence. Sincerely, T!7 Robert A. Hawley'fI Vice President Midway Road Churcof Christ, Inc. Packet Pg. 226 8.A.2.c Supplement 1 Conditional Use Application Supplement Refer to St Lucie County Land Development Code (LDC) Section 11.07.00 for details Desired Conditional Use / Adjustment: Minor Adjustment School Existing use of property: worship Service, Sunday School Major Adjustment Is a change in ng sough h the petition for Conditional Use? YES NO Is a change in F re Land sought with the petition for Conditional Use? YES ✓� NO Is a Site Plan Aporpval application being filed concurrent with the Conditional Use Application? _LJ_ YES NO If the Conditional Use applied for requires site plan approval, the applicant shall submit site plan that meets the requirements of LDC Section 11.02.00. The following information you provide is very important in determining the outcome of your conditional use request. It is required by Section 11.07.00, LDC that appropriate findings are made to justify a Conditional Use approval. Please use additional pages, if necessary to justify your request. 1. Describe the reason for the proposed Conditional Use or Adjustment: School 2. Is the proposed Conditional Use or Adjustment in conflict with any portion of the LDC or the St. Lucie County Comprehensive Plan? No 3. What are the existing uses in the immediate area and how is the proposed Conditional Use or Adjustment compatible with the existing uses in the area? Church and Sunday School Page 1 of 2 Revised: May 27, 2010 Packet Pg. 227 8.A.2.c Supplement 1 4. What conditions have changed in the immediate area that warrants consideration o' this Conditional Use or Adjustment application? None 5. What are the anticipated impacts of the proposed Conditional Use or Adjustment on the existing and future public facilities in this area, such as roads, transit, water, sewer, drainage, parks. etc.? None 6. What are the anticipated environmental impacts of the proposed Conditional Use or Adjustment? If no adverse impacts are anticipated, please explain why. None 7, Please provide any additional information about size, hours, and seasons of operation; number of employees; number of car or truck trips; equipment utilized; anticipated duration of use; impacts of noise and light; access improvements: hazardous substances utilized; and any other issue that would assist in the evaluation of this application. Robert Allen Hawley II Applicant or Agent Name (printed) Page 2 of 2 Revised: May 27, 2010 Employes - 10 Signature Packet Pg. 228 8.A.2.c ZONING DISTRICTS 3.01.03 b. Restaurants. (Including the sale of alcoholic beverages for on premises consump- tion only). (999) C. Solar energy system subject to the requirements of Section 7.10.28 (999) X. I INSTITUTIONAL. 1. Purpose. The purpose of this district is to provide and protect and environment suitable for institutional, public, and quasi -public uses, together with such other uses as may be compatible with institutional, public, and quasi -public surroundings. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses. a. Community residential homes subject to the provisions of Section 7.10.07. (999) b. Family day care homes. (999) C. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or the Department of Health and Rehabilitative Services {HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) d. Institutional residential homes. (999) e. Parks. (999) f. Police and fire protection. (9221,9224) g. Recreational activities. (999) h. Religious organizations. (866) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off -Street Parking and Loading Requirements. Off-street parking and loading require- ments are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses: a. Amphitheaters. (999) b. Cemeteries. (6553) C. Membership organizations. (86) d. Correctional institutions. (9223) e. Cultural activities and nature exhibitions. (999) St. Lucie County Land Development Code Supp. No. 3 3:39 Adopted August 1, 1990 Packet Pg. 229 8.A.2.c 3.01.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE I f. Educational services and facilities. (82) g. Executive, legislative, and judicial functions. (91, 92, 93, 94, 95, 96, 97) h. Fairgrounds. (999) i. Funeral and crematory services. (726) j. Theaters. (999) k. Medical and other health services. (80) 1. Postal service. (43) m. Residential care facilities for serious or habitual juvenile offenders. (999) n. Social services. (83) o, Sporting and recreational camps. (7032) p. Stadiums, arenas, race tracks. (794) q. Telecommunication towers _ subject to the standards of Section 7.10.23. (999) 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Drinking places (alcoholic beverages related to civic, social, and fraternal uses). (999) b. Restaurants. (Including the sale of alcoholic beverages for on -premises consump- tion only.) (999) C. Funeral and crematory services. (726) d. Heliport landing/takeoff pads. (999) e. Detached single-family dwelling unit or mobile home, for on -site security pur- poses. (999) f. Residence halls or dormitories. (999) g. Solar energy systems, subject to the requirements of Section 7.10.28. Y. RF RELIGIOUS FACILITIES. 1. Purpose. The purpose of this District is to provide and protect an environment suitable for the establishment and operation of churches, synagogues, temples, and similar uses. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses: a. Churches, synagogues, temples, and similar uses. (999) 3. Lot Size Requirements. Lot size requirements shall be. in accordance with Section 7.04.00. St. Lucie County Land Development Code Supp. No. 3 3:40 Adopted August 1, 1990 Packet Pg. 230 8.A.2.c Form 08-47 PLANNING & DEVELOPMENT SERVICES PLANNING DIVISION PUBLIC NOTICE SIGN CONTENT Project Name: Sign With Me Christian Academy - CUP Applicant: Sign With Me Christian Academy Public Hearing Body: Planning and Zoning Commission Public Hearing Date: July 18, 2013 This Sign must be installed by July 5, 2013 Required sign content: Heading: NOTICE OF PUBLIC HEARING Body: Petition of Sign With Me Christian Academy for a Conditional Use Permit to allow for a proposed private elementary school (grades K-5) and pre-school education programs that will be accessory to the existing principal church (Midway Road Church of Christ) use on the property located at 3040 West Midway Road in the I (Institutional) Zoning District. The meeting is to be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on, on Thursday, July 18, 2013 @ 6:00 p.m, or as soon thereafter as possible before the Planning and Zoning Commission. Copies of the petition are available at the front desk in the Planning and Development Services Department, County Administration Building, 2300 Virginia Avenue, Fort Pierce. If you have any questions please call the Planning Division at 772-462-2822. Packet Pg. 231 8.A.2.c BOARD OF COUNTY`COMMISSIONERS Public Hearing Date: August 6, 2013 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue Ft Pierce, Florida 34982 Time: 6:00 PM Applicant Sign With Me Christian Academy Agent None. Property Location 3040 West Midway Road Existing Zonin_g I (Institutional) Future Land Use PIF (Public Facilities) Recommendation The Planning and Zoning Commission met on July 18, 2013 and recommends unanimous approval of this request to the Board. Staff recommends the Board adopt a Resolution approving the request. Syn LSbh A'. CLL52C u 2 P:aSemy - I]+936 s� i Pmye ry ti,dry.Y Rd I ,V I K PUBLIC HEARING NOTICE TUESDAY, AUGUST 6, 2013 Conditional Use Permit I I y A -1 AR-1 w N o A 7 a. i z F JD CG I Co AR- PNRD Co C' CO N' M ID WAV R� CO CG RS-4 AR-1 CN I AR-1 ... DANIEt5,5T` GRAY IC lid RS 6-2 - D INB 1v GR h Zoning N ® Subject C . AR'KWI 11.€ P4RU. re N.n R Me € evC:pprtrtnl property AG I d P6n AR I Ag.:c l Re W L.111 d,?w) PJO ❑I Vn De p GG C Te Ge RS2 R ❑ lei5ng F y¢d cl 500 ft nolification area CM !a nn h ehb td R53 R ] l.15Ig F t;53 I� CO C me of— R54 R d lei 5 nge F..1, jd n,.acl 1 I cr € I Public Hearing Description The St. Lucie County Board of County The applicant, Sign With Me Christian Commissioners has the power to review Academy is requesting a Conditional and approve or disapprove any Use Permit for a private elementary applications within their area of school (grades K-5) and pre-school responsibility. programs on a 8.25 acre parcel located on the north side of West Midway All interested persons will be given an Road between Christensen Road and opportunity to be heard. Written Jorgensen Road. comments to the Board of County Commissioners should be received by The proposed education facilities will the Planning and Development Services be accessory to the existing church, Department (PDS), Planning Division at Midway Road Church of Christ and will least 3 days prior to the scheduled occupy 12 classrooms totaling hearing. Further details are available in approximately 4,000 square feet of the PDS Department, Planning Division - building space. There are no proposed please contact: exterior improvements to the property. Staff Jeffrey Johnson, Senior Planner Phone 772-462-1580 Email johnsonj@stlucieco.org Mail 2300 Virginia Avenue Fort Pierce, Florida 34982 Packet Pg. 232 PLANKING AND ZONING COMMISSION Public Hearing Date: July 18, 2013 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue Ft Pierce, Florida 34982 Time: 6:00 PM Applicant Sign With Me Christian Academy Agent None. Property Location 3040 West Midway Road Existing Zoning I (Institutional) Future Land Use PIF (Public Facilities) Staff Recommendation Forward a recommendation of approval to the Board of County Commissioners for Resolution No. 13-006 approving a Conditional Use Permit for a private elementary school and pre- school programs. Sgn551T1'a GD5201MIn ic65nAcatlemy 26 ` SuNjpq EE [ PEOParp i.., _ h PUBLIC HEARING NOTICE THURSDAY, JULY 18, 2013 Conditional Use Permit A-1 a ......A 1........`z n s F JD CG I I Co AR pNRt] Co G V_Co i'Y MIGYIAY R] CD 9RS-4 AR-1 F I I AR-1 _ .....CQ, R DAN IELS,ST Y TWIG IN RS 4 R R - N z RA1N ti'oR A n Zoning N j ®Subject property 4�1Agr . O1 PNRD ARA P a tl N n R 54e 1 I O e op nanE AR1 Agnc- R E�al,S Au ac. PVO ,£ -Pla V Oe i�D CG C IG nRS- -Re'—hi SIRF 1, 12 tlu'acl 500 ft notification area cw c° N oM n R5 R1, s^a Fa CD C ire a, pHce RSA 0.saenlalSnakF .�la hu acl I E .... Public Hearing Description The St. Lucie County Planning and The applicant, Sign With Me Christian Zoning Commission has the power to Academy is requesting a Conditional review and recommend to the Board of Use Permit for a private elementary County Commissioners for approval or school (grades K-5) and pre-school disapproval, any applications within their programs on a 8.25 acre parcel located area of responsibility. on the north side of West Midway Road between Christensen Road and All interested persons will be given an Jorgensen Road. opportunity to be heard. Written comments to the Planning and Zoning The proposed education facilities will Commission should be received by the be accessory to the existing church, Planning and Development Services Midway Road Church of Christ and will Department (PDS), Planning Division at occupy 12 classrooms totaling least 3 days prior to the scheduled approximately 4,000 square feet of hearing. Further details are available in building space. There are no proposed the PDS Department, Planning Division - exterior improvements to the property. please contact: Staff Jeffrey Johnson, Senior Planner Phone 772-462-1580 Email johnsonj@stlucieco.org Mail 2300 Virginia Avenue Fort Pierce, Florida 34982 Packet Pg. 233 8.A.2.c O � n to n W 3 .-i n n 0 ! m LD m W m a I U'1 I N .-i n m N m O N m L!I Ll LD m m LD CO M Lp r-L m Ql N 3 I OO a0 I I m l n b V 010 0 0 r1 O O Ln m m N I 0 m O r�l O m 0 0 m m rn oo Ln m 0 0 I M Lf1 L15 Lfl Ln Lf1 to c� q' Ln q -T Ln LI] Ln [r Ln m q• q N q N Ln — I N 00 ri 00 -I 00 ri CO ei 00 N g N 00 O .1 ri CO �c{t o0 ri 00 ri CO ri CO O LA ri m ri 00 ri 00 r-1 00 ri 00 e-F 00 n L" ri 00 N O ri W ri 00 ri m ri w M 00 ri 00 ri 00 ri f, LG CO ^'� ri 00 ri CO N CO M n ri W ri 00 CL r 4 v A 6et) A o�}) M amt A rn m Im m o LA m cats ;A rn rn ai m v m m m rn Mrrlm e rn? m a% M$m�mm�m��mMA ape m n m m m ern) co rn m o m ems rhm v m gy m�}} M e rn�}} M e rn} M rn m 2 + E i�i J J J J J J J + J J J J J J J J J J J J J J fj Q J J J J J J J J J J J J{ J J J J h LL LL LL LL LL LL LLLL LL LL LL LL LL LL LL LL LL LL LL LL LLId l a LL LL LL LL LL a L.4 LL LL m LL w LL LL LLLL LL LL LL � a a a v a a a C a u a a a a a w a a v a l m u u V 7 V V C u OJ a s al a a a u u u u V u L u L p V L O J V L V L V L N V L V L u L V L V L V L V L CO La.L L L L L J L L G J L L L L V V L a sIV L N aa a' 'a' a .. 2�, 0' a ii a n. a n a ua a 'a'aY a a aY a 'a a 'a C a a a n QI 'ya a 'ya s �, a a a a N +, a a] a a 'ay a 'ay a a a a aa a CL CL o V) m }p� a vY) - of l� L L L L L t L t t m L t L l t t X t' Y t L L ya L ` t t L L y2 I�L : t t 0 o 0 W 0 LL 0 LL 0 LL L� V 0 0C 0 d 0 0 0 0 4� 0 N.. 0 Ly 0 0 LL 0 N. m 0. 0 LIL 0 1i. o LL 0 LL 0 LL 0 Q. 0 LL 0 LL 0 U O CL 0 6L 0 LL 0 LL 0000 LL LL N. 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LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. The Applicant Proposes To allow for a private elementary school (grades K-5) and pre-school The Following programs as an accessory use to the existing church, Midway Road Church of Conditional Use: Christ. Regarding Property North of West Midway Road, between Christensen Road and Jorgensen Located At., Road. Currently Zoned: I (Institutional) Please Return To: St. Lucie County, Planning & Development Services, Planning Division Planning Division - ATTN: Jeff Johnson 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: July 12, 2013 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL_ USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): Address: Date: Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Project Name: CU 520134626 - Sign With Me Christian Academy Conditional Use Permit Form No. 07-26 Packet Pg. 235 8.A.2.c The planning and ZAwig C6minissfon public hcaring`on this item.'will be held in the Coiimission Chambers, Boger Poitras,Annex 3rd Floor, St. Luoic Comity_ AdminislratiQn 13ut]d11ig 230q Virginia Avenue Fort prerce Florida oti Thursday July 18, 2Qi $beginning at 6 d0 p.ii1 or as sport thereafter as possible:. All mterestel persons will be'givefi:ah opportitnityto be heard Written commeitts- recervediu;advaIlbeoftfiepubllcliearmgwdlalsobeconsidered Writtencortrlriehts tp the piannlag and Zoning Coinniissibn sho'.iild be reCei'v_ed.by tpe Plailning.,agd. i]eye lopmen{ Servtcd DepartmeoFofflccs loC'ated at 230.0 Vuginia''Avenue 2nd` F7gpCPortPibrOe,ftlar�d�a`;tdyu�nngregularbuslnesshoa Please call 772/4622822 the Sfi, Lucie County I?laitning and Zoning e3 ltiitssro{r has the power to review anti recoihiripnd to the`;S[ Luo}e Coulii. Board of County. Conllnissloner for approvalnrd!sappro ali_anyappllcaUonswtthintiteirarenofreat-* -bill' C The proeeelingS of'the ?again 'and Z6xung �onmilsrali are electronically recorded PIJRSC7Ai 1i TO Sec on 6.O1U5� Fiorid� :'rf & person t0 decides to a ai an dec3sloii pnade -by- the PlanIlin and Zomn CoIlunlsstop Pl?p y, g g 3 Vi Ith respe%40 any matter c9n .i er at a tneuing or 4eanng h$ 6r She will hoed C t0 aMord cif.;., e pt2 edylgs f+or such purpose;.he of she may need trs ensure dip# a t� V.erbattllhi�M 0# tlicproe iofs IS 1ii WlnClt CCrQ l lnClad. the Ie5Um0Ily �_ add evlderice}ipon wliigh thF appeallS fo beba¢c TJpon tiierequesiof any panto C li0iToceeHipg, tndtvtdgal� te�ttfyttg during };ieanng will 6e §Lvain in Any p4y. C fo lira pYoceedutg rv[ll be gantetl_ali pppo�tiitl�ry;to crass-Cxarlune Uy individual d fe§Uly*g origg a heating up�n requeai if haeomes pecessaly, ap tbilc hearing may Conttnned to mate Cedaity o- = nyone Write a dtsabrGty requiring acca'rtitYiodanan io attend this trleetwg•° r C atiauid cloth t 6 S,i Lucie Gaunt idCdiaunumty ;_Risk Manger at least faritr eight (4$} botEt prtoz tq the Aleetcn� at (772) 462 1546 or TD D V 172146� }42$ Any quc dons ditouii tlrts agenttA may f referreQ to Si Lpeie O Coilnty�l'lanbmg D1vlstin At {9r/2) 462 2822 r Q Pt AEG AlD 7AfIIeL; CiJS�T411 I ¢CALM AS T3VIlVG A w-S St. LCTCi13 CO0' 1r°F�.ORipA- /S/ gpjTT RBYIwTQLDSf CFiAIIi )I.'C}BLISH;DATI; Judi• I 1$ _ --�, s Packet Pg. 236 8.A.2.c .. ENGINEERING DESIGN $ CONSTRUCTION* INC. _ D TECHNICAL MEMORANDUM C TO: SIGN WITH ME CHRISTIAN ACADEMY FROM: RODERICK J. KENNEDY, P.E. SUBJECT: Traffic Analysis — Projected Peak Hour Movements DATE: 6-21-13 The Institute of Transportation Engineers (ITE) Trip Generation Reports (84h Edition) were used to project the additional trips that may be expected for the addition of the Daycare and Elementary School use to your facility. It is our understanding that you will be limiting the number of daycare children to a maximum of sixty-seven (67) students. Also the elementary school function of the facility will be limited in the 2013-2014 school year to a maximum twenty (20) students. These figures were used to develop the anticipated trips for both the A.M. and P.M. Peak Hours. ITE Land Use Codes • ITE Land Use Code 534 — Private K-8 • ITE Land Use Code 565 — Daycare Center 2013 Analysis Given this land use and the number of students the ITE Report provides the following equations where (T) is the number of trips and (x) is the number of students given to be sixty-seven (67) for Daycare and twenty (20) for Private K-8. A.M. Peak Hour Ln(T) = 0.77Ln(67) + 0.77 (Daycare) (T) = 0.90(20) + 3.01 (Private K-8) Solving these equations one finds the Peak Hour A.M. Trips = 77 trips P.M. Peak Hour Ln(T) = 0.79Ln(67) + 0.69 (Daycare) (T) = 0.61(20) — 4.70 (Private K-8) Solving these equations one finds the Peak Hour P.M. Trips = 63 trips By the year 2017 the Academy will remain offering service for a maximum of sixty-seven (67) daycare children and offer kindergarten through fifth grade elementary school services limiting the number of students to a maximum of ten (10) students per grade level. 2017 Analysis (Build -out) Given this land use and the number of students the ITE Report provides the following equations where (T) is the number of trips and (x) is the number of students given to be sixty-seven (67) for Daycare and twenty (60) for Private K-8. ENGINEERING DESIGN &CON_STRUCTION, INC CIVIL ENGINEERS SPECIALIZING IN LAND DEVELOPMENT 1934 Tucker Court, Fort Pierce, FL 34950 ph:(772) 462-2455 fx:(772) 462-2454 Packet Pg. 237 8.A.2.c A.M. Peak Hour Ln(T) = 0.77Ln(67) + 0.77 (Daycare) (T) = 0.90(60) + 3.01 (Private K-8) Solving these equations one finds the Peak Hour A.M. Trips = 113 trips P.M. Peak Hour Ln(T) = 0.79Ln(67) + 0.69 (Daycare) (T) = 0.61(60) — 4.70 (Private K-8) Solving these equations one finds the Peak Hour P.M. Trips = 88 trips Hours of Operation The hours of operation for Sign with Me Christian Academy will be 7:00 am to 5:30 pm. This will include after school care available to all students of the academy. According to Academy officials nearly all students take advantage of the after school program. The hours of operation for the school and daycare use of the facility will not be in conflict with the Church operations which will mainly consist of Sunday morning use or weekday evening uses. Approximately 0.35 miles to the west of Sign with Me Christian Academy is Liberty Baptist Church & Academy. The hours of operation for Liberty Academy are 8:00 am to 2:55 pm according to their website (http//www.Iibertyftpierce.com/academy). Therefore, the staggered afternoon release hours will not be in direct conflict with the Sign with Me Christian Academy. The morning activities are offset by one hour between the two facilities. Recommendations for Proposed Conditional Use Locating the facility on a map one will notice the facility is located to the west of the most immediate residential areas. We estimated from the location and surroundings that approximately 35% of the A.M. trips will come from the west (left turn) and approximately 65% of the A.M. trips will come from the east (right turn). Using these percentages and the conditional use application data of sixty-seven (67) daycare children and twenty (20) elementary students along with the trips generated by these additional users the peak hour A.M. left turn movements will be 27 trips which is under the threshold of thirty movements which typically warrants the addition of a turn lane, The peak hour A.M. right turn movements will be 50 movements which is under the threshold of sixty movements which typically warrants the addition of a turn lane. ��wlI111///. �� •�GE11$F X. R. J. Kd- -6dy, P E,Yr C218, W _ Date 1934 TuckqCo Ft. Pierce;-F (772) 462-�JSlONA��1 ��1j11II11�� Engineering Design & Construction, Inc. Sign With Me Christian Academy 13-100 June 5, 2013 Page 2 of 2 Packet Pg. 238 ST. LUCIE COUNTY 8.A.2.c CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. The Applicant Proposes To allow for a private elementary school (grades K-5) and pre-school The Following programs as an accessory use to the existing church, Midway Road Church of Conditional Use: Christ. Regarding Property ]North of West Midway Road, between Christensen Road and Jorgensen Located At: Road. C:urrently7oned: I (Institutional) Please Return To: St. Lucie County, Planning & Development Services, Planning Division Planning Division — ATTN: Jeff Johnson 2300 Virginia Avenue, Ft, Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: July 12, 2013 1 AM IN FAVOR OF THE PROPOSED CONDITIONAL_ USE U_ I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE 1 certify that, as of the date shown below, I am a property owner within 600 feet of the proposed Conditional Use. Name (Please Print): l�ru,-v AS Address: rC Q s7C Date: Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: 7. z,t / (�l nzAe et4aq�; c 51 �r_iv Project Name: CU 520134626 — Sign With Me Christian Academy Conditional Use Permit Form No. 07-26 Packet Pg. 239 8.A.2.c ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. The Applicant Proposes To allow for a private elementary school (grades K-5) and pre-school The Following programs as an accessory use to the existing church, Midway Road Church of Conditional Use: Christ. Regarding Property North of West Midway Road, between Christensen Road and Jorgensen Located At: Road. Currently Zoned: I (Institutional) Please Return To: St, Lucie County, Planning & Development Services, Planning Division Planning Division - ATTN: Jeff Johnson 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: July 12, 2013 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE 1 HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 600 feet of the proposed Conditional Use. Name (Please Print): Cl- fVr 't Address: .,,.. _s��`""`- �i►�4�- i1C 6Z� 7� t �(.,r Date: ''� I �dR �j Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Project Name: CU 620134626 — Sign With Me Christian Academy Conditional Use Permit Form No. 07-26 Packet Pg. 240 8.A.2.c ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. The Applicant Proposes To allow for a private elementary school (grades K-5) and pre-school The Following programs as an accessory use to the existing church, Midway Road Church of Conditional Use: Christ. Regarding Property North of West Midway Road, between Christensen Road and Jorgensen Located At: Road. Currently Zoned: I (Institutional) Please Return To: St. Lucie County, Planning & Development Services, Planning Division Planning Division — ATTN: Jeff Johnson 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: July 12, 2013 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): 'rwo Nickels LLC Address: 5911 Raintree Traii —Ft Pierce, FL 34982 Date: Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Project Name: CU 520134626 — Sign With Me Christian Academy Conditional Use Permit Form No. 07-26 Packet Pg. 241 8.A.2.c ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners, The Applicant Proposes To allow for a private elementary school (grades K-5) and pre-school The Following programs as an accessory use to the existing church, Midway Road Church of Conditional Use: Christ. Regarding Property North of West Midway Road, between Christensen Road and Jorgensen Located At: Road. Currently Zoned: I (Institutional) Please Return To. St. Lucie County, Planning & Development Services, Planning Division Planning Division — ATTN: Jeff Johnson 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: July 12, 2013 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE )Ocxxx� I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 600 feet of the proposed Conditional Use. Name (Please Print): Ma j tiw, /��r2C.sS 5 Address: Date: Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Project Name: CU 520134626 - Sian With Me Christian Academy Conditional Use Permit Form No. 07-26 Packet Pg. 242 8.A.3 ITEM NO. ORD-2013-36 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Britton Wilson, Senior Planner SUBMITTED BY: Planning Division DATE: 08/06/2013 *PUBLIC HEARINGS SUBJECT: ORDINANCE - Comprehensive Plan text amendment to revise regulations related to residential development in areas designated AG-5 and AG-2.5 - Final Adoption Hearing - Legislative Public Hearing BACKGROUND: This is the adoption hearing for a County -initiated text amendment to the Comprehensive Plan related to residential development of agricultural lands designated AG-5 and AG-2.5 on the County's Future Land Use Map. This item is being processed with a companion text amendment to the Land Development Code. These proposed amendments to the County's Comprehensive Plan and Land Development Code are the first step in revising the local regulations that govern residential development in the agricultural lands of St. Lucie County subsequent to the Board's acceptance of the Western Lands Study. These revisions are intended to clarify and simplify the calculation of open space and the process by which residential development is reviewed and permitted on land designated AG-5 or AG-2.5 on the Future Land Use Map and Zoning Atlas. Because some of the agricultural landowners have expressed concern over many of the development -related recommendations contained in the Western Lands Study, the currently proposed regulatory amendments focus only on the broader policies that govern how residential development is to occur and how open space in planned developments is defined. Staff will continue to coordinate with stakeholders to further define parameters for large- scale residential development that will result in a future phase of amendments. Staff will also be drafting Land Development Code amendments to assist with the establishment and expansion of agriculture -related business, creating development standards and a new list of uses that is appropriate to agricultural zoning. The draft ordinance included with this agenda item contains the revised policy language that staff recommends and is supported by the stakeholders in the Western Lands area. The proposed text amendments to the Comprehensive Plan delete the current Comprehensive Plan policy language requiring large percentages of open space, the location or definition of which is not clearly established. Packet Pg. 243 8.A.3 Please see the attached Planning and Zoning Commission agenda item for further analysis. The proposed text amendments to the Comprehensive Plan are located in the attached Draft Ordinance. PREVIOUS ACTION: Staff presented a Western Lands status update to the Board at the February 26, 2013 Informal Meeting. At the Informal meeting staff indicated that a number of meetings with representatives of the Western Lands property owners and stakeholders have occurred since the BOCC accepted the Western Lands Study: Vision and Plan on September 18, 2012. The purpose of the meetings was to develop a resolution to the open space issue that was one of the driving forces for the study. Several lawsuits and Bert Harris claims remain unresolved and the Board, staff and property owners/stakeholders agreed upon Plan acceptance to focus on resolving the open space issue prior to proceeding with other aspects of the plan. On April 18, 2013, the Planning and Zoning Commission reviewed the proposed amendments and unanimously voted to forward a recommendation of approval to the Board of County Commissioners. Mr. Charles Grande added the following comment to his motion: • A 1-acre lot minimum should be required in agricultural area to avoid the County having to provide water and wastewater services in these areas. Other members of the Planning and Zoning Commission did not share this concern and in staffs analysis this may be an unnecessary requirement that limits the vision of future development and overlaps with the oversight of other departments. Under the current Comprehensive Plan the County is not mandated to provide urban services outside the Urban Service Boundary so staff sees no potential liability to the County. This change was not included in the proposed ordinance. On May 21, 2013, the Board of County Commissioners reviewed the proposed amendments and unanimously voted to transmit the amendments to the State Department of Economic Opportunity for review and comment. On June 28, 2013, the State Department of Economic Opportunity provided a letter of no objection and no comment regarding the proposed amendments. FINANCIAL IMPACT: N/A RECOMMENDATION: Board adoption of the amending Ordinance approving a text amendment to the Comprehensive Plan regarding residential development in AG-5 and AG-2.5 COMMISSION ACTION: Updated: 7/23/2013 10:08 AM by Britton Wilson Page 2 Packet Pg. 244 8.A.3 Coordination/Signatures T-- M6fk t rl e, P a ning & v irecto 7/24/2013 ianiQf S. McIntyre, ouy y Attorney 7/24/2013 Updated: 7/23/2013 10:08 AM by Britton Wilson Page 3 Packet Pg. 245 ITEM NO. 8.A.3.a III-C i COUNTY F L D R 1 D A AGENDA REQUEST DATE: REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT 04/18/13 N N TO: PLANNING AND ZONING COMMISSION PRESENTED BY: Britton Wilson SUBMITTED BY: Planning and Development Services Senior Plann� Department — Planning Division SUBJECT: Comprehensive Plan text amendment to revise regulations related to residential development in areas designated AG-5 and AG-2.5. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: See attached memorandum. COORDINATION/SIGNATURES County Attorney (X) _ VC County Surveyor ( ) Daniel S. McIntyre County Engineer ( ) ERD ( ) Michael Powley Originating Dept. (X ) Mark Satterlee Ron Harris Karen Smith Packet Pg. 246 8.A.3.a a Pg COUNTY F L 0 R 1 D A Planning and Development Services Department Planning Division MEMORANDUM TO: Planning and Zoning Commission THROUGH: Mark Satterlee, AICP, Planning & Development Services Director Leslie Olson, Planning Manager FROM: Britton Wilson, Senior Plannefw&l�Y� Kara Wood, Planning Consultant DATE: April 18, 2013 SUBJECT: Comprehensive Plan text amendments related to residential development in areas designated AG-5 and AG-2.5. ITEM NO. III-C This is a County -initiated amendment to the Comprehensive Plan related to residential development of agricultural lands designated AG-5 and AG-2.5 on the County's Future Land Use Map. This item is associated with item III-D which is a text amendment to the Land Development Code updating the regulations pertaining to the proposed Comprehensive Plan text amendments. BACKGROUND: The proposed Comprehensive Plan amendments related to the development of agricultural land in St. Lucie County contained in the attached Ordinance has a long history, the understanding of which is critical to providing context to the subject application. Since this history spans many years and various points of view, it is inevitable that interpretations of the story will differ, but the best attempt is made to summarize the salient highlights of the progress of this issue. How residential development is permitted to occur on land designated AG-5 or AG-2.5 on the Future Land Use Map is outlined in the Future Land Use Element through establishing open space standards, which vary depending upon the size of land and number of lots being developed. The open space standards, specifically those outlined in Policies 1.1.2.2 and 1.1.2.3, lack clarity, as exemplified by the various ways the standards have been implemented, especially over the last six years. In 2006, an application was submitted to the County for development of Shinn Lakes, consisting of 76 lots on 382 acres with a change in zoning from AG-5 to PUD. The site plan associated with the application was designed according to one interpretation of Policies 1.1.2.2 and 1.1.2.3 which requires that 80% of the site be dedicated to open space. Because the open space definition in the Comprehensive Plan is unclear, the original site plan included open space within the yard areas of the private lots. When the Board of County Commissioners Packet Pg. 247 8.A.3.a Planning and Zoning Commission Western Lands Comprehensive Plan Amendments April 18, 2013 Page 2 interpretation on the implementation of this guiding language was then verified to County Planning staff in August 2007 through a memorandum from the County Administrator and the County Attorney. The determination that the 80% open space requirement be identified as common and outside of private lots was a departure from prior implementation of Policies 1.1.2.2 and 1.1.2.3 and E created significant consternation on the part of many private landowners — so significant that class action lawsuits and Bert Harris claims were filed in 2007 and 2012, all of which are still pending resolution based on the outcome of the subject amendments. Despite some attempts a from the landowners in June 2008 to propose Comprehensive Plan amendments that would x from their perspective solve the concerns outlined in the pending litigation, no compromise was I reached and a more thorough process was needed to resolve the differing points of view o between the County and the landowners that existed at the time. o Starting in early 2009, the County invested in a comprehensive study of the approximately 200,000 acres Western Lands in an attempt to fully understand the current nature of agriculture in this area as well as the potential implications of and impacts to the County if this land should N develop according to its full residential potential in future years. In May 2011 the Western Lands Study: Vision and Plan outlined the results of this two-year effort and included a host of p recommendations for amendments to the Comprehensive Plan, both in terms of future residential development of the area as well as strategies for supporting continued agricultural 21 uses. M Because some of the agricultural landowners have expressed concern over many of the development -related recommendations contained in the Western Lands report, the currently proposed regulatory amendments focus only on the broader policies that govern how residential development is to occur and how open space in planned developments is defined. Staff will continue to coordinate with stakeholders to further define parameters for large-scale residential development that will result in a future phase of amendments. Staff will also be drafting Land Development Code amendments to assist with the establishment and expansion of agriculture -related business, creating development standards and a new list of uses that is more appropriate to agricultural zoning than to urban areas. Staff presented a Western Lands status update to the Board at the February 26, 2013 Informal Meeting. At the Informal meeting staff indicated that a number of meetings with representatives of the Western Lands property owners and stakeholders have occurred since the BOCC accepted the Western Lands Study: Vision and Plan on September 18, 2012. The purpose of the meetings was to develop a resolution to the open space issue that was one of the driving forces for the study. Several lawsuits and Bert Harris claims remain unresolved and the Board, staff and property owners/stakeholders agreed upon Plan acceptance to focus on resolving the open space issue prior to proceeding with other aspects of the plan. The draft ordinance included with this agenda item contains the revised policy language that staff recommends and is supported by the stakeholders in the Western Lands area. The proposed amendments delete the current policy language requiring large percentages of open space, which has been the primary subject of great concern for the landowners. Currently 50% is required for development of eight units or less through a standard subdivision and 80% is required for development in excess of eight units through the PUD process, an amount significantly greater than the 35% open space required for PUDs in residential Future Land Use designations. Over the last few years that this has been an issue of debate, agricultural landowners have consistently requested to have the same open space development standards Packet Pg. 248 8.A.3.a Planning and Zoning Commission Western Lands Comprehensive Plan Amendments April 18, 2013 Page 3 that residential PUDs in the urban service area enjoy. Staff has considered this request taking into account the true effectiveness of the existing policy language while also balancing the fact that residential Future Land Use designations have fundamentally different functions than do agricultural designations. These functions, as identified in Policy 1.1.1.2, have been measured in the process of developing the new policy language contained in the draft ordinance. Staff's interpretation of the Comprehensive Plan policy language and the implementing Land 5 Development Code regulations on the same subject read in combination has been that this a) 80% required open space is intended to cluster development to reduce the cost of a infrastructure required to support the residential units and reduce public costs. From a practical x standpoint however, since developers pay the cost of their own roadways within the I development, clustering does little to reduce public infrastructure costs. In some ways these o burdensome open space requirements also tend to result in developments with such relatively small lot sizes that, although sited in agricultural areas, take on a suburban character and arguably detract from the value of developing a rural PUD. Because of these resulting effects of the current language, staff has no concern with granting the landowners desires for a 35% open space requirement for residential development as outlined in the revised Policy 1.1.2.3. N 0 Above a certain level of development however, staff believes that sprawling residential p development on agricultural lands does impact the County's ability to provide public services. To address large-scale residential development, staff recommends that language also be 21 included in Policy 1.1.2.3 that very generally addresses how these should be considered until such time as more specific policy language or Land Development Code regulations can be a crafted to address development standards. In light of this priority to protect the County from this potential infrastructure burden, staff recommends including language to address this scenario. E The existing language of Policy 1.1.2.3 is proposed to be deleted entirely and the new language is proposed to read as follows: E For any planned development Droiect within the AG-5 and AG-2.5 future land use categories, the PUD may encompass one or more non-contiguous properties. All of the properties that are included within the PUD shall be considered together for purposes of calculatina the maximum allowable densitv and shall be aoverned by a sinale authorizing resolution. Anv Dlanned development Droiect develoDed within the AG-5 and AG-2.5 future land use categories in excess of 400 units shall be required to employ innovative planning techniques to reduce the cost of providing public services to the proposed development. Such techniques may include, but are not limited to, using transfer of development rights to contain density in an area closer to the urban service boundary, providing for a mix of uses to reduce vehicle miles travelled on the public roadway system, and paving increased impact fees to the County to offset the cost of providing public services. The second paragraph is a subject of disagreement with at least one large landowner so that paragraph has been removed from the draft ordinance. Staff seeks further guidance from the Planning and Zoning Commission and the Board of County Commissioners on whether the County should regulate large planned developments in agricultural areas more stringently, specifically to address potential impacts of providing public services to residents so far from the urban service area. In staff's analysis, this proposed language provides sufficient flexibility to address development impacts through the PUD process in a variety of ways and does not limit landowners to the specific strategies provided in the policy language. The 400-unit threshold, at Packet Pg. 249 8.A.3.a Planning and Zoning Commission Western Lands Comprehensive Plan Amendments April 18, 2013 Page 4 5 dwelling units per acre, equates to 2,000 acres of agricultural land being converted to 0 residential use. From staff's point of view this is a vast change from the policies of 80% open U space currently governing agricultural PUDs. Staff is open to modifications of the proposed language and is solely interested in including some guiding comprehensive language that c addresses impacts to public infrastructure while providing flexibility to developers. as In addition to the revised open space requirements, the amendments to Policies 1.1.1.2 and 1.1.2.2 propose an increase in the number of lots that can be subdivided under AG-5 or AG-2.5 zoning without applying through the PUD process from eight to forty-five. This grants another a request from the landowners to which staff does not object and does not anticipate any x negative consequences or impacts. The open space requirement and the number of lots permitted for development under straight zoning are, in staff's view, the only salient items under consideration for amendment in the Comprehensive Plan. The remaining revisions are minor updates to the 2010 EAR -based amendments related to having completed the Western Lands Study. 0 N Compliance with the Comprehensive Plan: o The proposed amendments are not inconsistent with the St. Lucie County Comprehensive Plan p and do not alter existing policies on protection of environmental lands and requirements for any N impacts to public infrastructure. The proposed amendments further Objective 1.4.1 that calls for the creation of a sustainable plan for the County's western lands that will preserve and 21 conserve a functioning network of agriculture, open space, and natural areas while providing a economically viable options for agricultural landowners, now and in the future. E Compliance with State Statutes: Text amendments to the Comprehensive Plan are considered large-scale amendments and are E subject to review and comment by the State Department of Economic Opportunity (DEO) a division of Community Planning. The proposed amendments are not expected to impact any important state resources or regional infrastructure. Therefore there are no anticipated objections by state. 2 a Public Infrastructure Impacts: 0. o No significant impacts are anticipated since no increases in densities or intensities are L) associated with the proposed amendments. Staff recommendation includes additional c language to address large-scale residential development as discussed above. N E Public Notice: E Per Section 11.00.03 of the Land Development Code (LDC), an advertisement for the subject U amendments was posted in the St. Lucie News Tribune on April 4, 2013. .E 0 Analysis Summary: N Staff's analysis indicates that the proposed amendments are consistent with the St. Lucie Ga County Comprehensive Plan and the Land Development Code and will further Objective 1.4.1 a) S by creating a sustainable plan for the County's western lands. c Packet Pg. 250 8.A.3.a Planning and Zoning Commission Western Lands Comprehensive Plan Amendments April 18, 2013 Page 5 RECOMMENDATION: Staff recommends that the amending Ordinance be forwarded to the Board of County Commissioners with a recommendation for approval with the following paragraph added to Policy 1.1.2.3: Any planned development project developed within the AG-5 and AG-2.5 future land use categories in excess of 400 units shall be required to employ innovative planning techniques to reduce the cost of providing public services to the proposed development. Such techniques may include, but are not limited to, using transfer of development rights to contain density in an area closer to the urban service boundary, providing for a mix of uses to reduce vehicle miles travelled on the public roadway system, and paying increased impact fees to the County to offset the cost of providing public services. ATTACHMENTS: Draft Ordinance updating the Comprehensive Plan. Adopted Comprehensive Plan Policies Packet Pg. 251 8.A.3.a Planning and Zoning Commission Western Lands Comprehensive Plan Amendments April 18, 2013 Page 6 Suggested motion to recommend approval/denial of this request: MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE THE PROPOSED ORDINANCE AMENDING THE COMPREHENSIVE PLAN AS IT RELATES TO RESIDENTIAL DEVELOPMENT OF AGRICULTURAL LANDS BECAUSE ... [CITE REASON(S) WHY] MOTION TO DENY: /_\��:Z�Z�7►6y1�7�:�1►[ei�a��1►�[�7►1'��:�x•9�►��1�1�J:�1►[ei�:1�1�1:3�[� HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY /_1»09ITL/0 N11I'/_1ZI[a�_1►yi14ZI1111Zd:I4 COMPREHENSIVE PLAN AS IT RELATES TO RESIDENTIAL DEVELOPMENT OF AGRICULTURAL LANDS BECAUSE ... [CITE REASON(S) WHY] Packet Pg. 252 8.A.3.a 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 48 ORDINANCE FILE NO.: FLUMA - 320134609 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE COMPREHENSIVE PLAN TO RESOLVE THE RESIDENTIAL OPEN SPACE ISSUE IN THE AGRICULTURAL AREAS OF WESTERN ST. LUCIE COUNTY; REVISING POLICIES 1.1.1.2, 1.1.2.2., 1.1.2.3, 1.1.4.11, 1.1.7.1, 1.4.1.3, 1.4.1.5 AND 6.1.8.5; PROVIDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. 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: 1. St. Lucie County has initiated amendments to the text of the Comprehensive Plan to resolve the residential open space issue in the agricultural areas of western St. Lucie County consistent Chapter 163, Florida Statutes; and 2. The Board of County Commissioners of St. Lucie County as the governing body of St. Lucie County having jurisdiction over this application pursuant to Chapter 163, Florida Statutes, is authorized and empowered to consider amendments to the adopted Comprehensive Plan of St. Lucie County; and 3. On April 18, 2013, the St. Lucie County Planning and Zoning Commission/Local Planning Agency held a public hearing, of which due notice was published in the St. Lucie News Tribune, and recommended to the Board of County Commissioners that the petition for an amendment to the text of the Comprehensive Plan be approved; and 4. On , the Board of County Commissioners of St. Lucie County, Florida held the first of two required public hearing, of which due notice was placed in the St. Lucie News Tribune and approved transmittal to the Department of Economic Opportunity division of Community Planning; and 5. On , the Board of County Commissioners of St. Lucie County, Florida held a public hearing, of which due notice was placed in the St. Lucie News Tribune, and deemed the adoption of the amendments to the Comprehensive Plan to be in the best interests of the citizens and residents of the County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: Packet Pg. 253 8.A.3.a 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 48 49 50 51 File No.: FLUMA-320134609 Page 2 A. ADOPTION OF THE AMENDMENTS The Board of County Commissioners does hereby adopt the text amendments to the St. Lucie County Comprehensive Plan, attached here as Exhibit A. B. FINDING OF CONSISTENCY The Board of County Commissioners of St. Lucie County, Florida, specifically determines that the approval of this amendment to the adopted Comprehensive Plan Future Land Use Element is internally consistent with the goals, objectives and policies contained in the St. Lucie County Comprehensive Plan and provides for the recognition that impacts of this approval on the public facilities of St. Lucie County will not occur until such time as a Final Development Order for development on this property is issued. C. CHANGES TO THE COMPREHENSIVE PLAN The St. Lucie County Planning and Development Services Director is hereby authorized and directed to cause this change to be made to the text of the St. Lucie County Comprehensive Plan and to make notation of reference to the date of adoption of this Ordinance. D. CONFLICTING PROVISIONS Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this Ordinance to the extent of such conflict. E. SEVERABILITY If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstance. F. APPLICABILITY OF ORDINANCE This Ordinance shall be applicable as stated in Paragraphs A, B and C. G. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF ECONOMIC OPPORTUNITY The Planning and Development Services Director shall send a certified copy of this Ordinance to the Department of Economic Opportunity Bureau of Community Planning Caldwell Building 107 East Madison Street, MSC 160 Tallahassee, FL 32399. Packet Pg. 254 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 8.A.3.a File No.: FLUMA-320134609 Page 3 I. EFFECTIVE DATE This Ordinance shall take effect thirty-one (31) days after adoption. If the Ordinance is challenged within thirty (30) days after adoption, the Ordinance shall not be effective until the State Land Planning Agency or Administration Commission respectively issues a final order finding the adopted amendment in compliance in accordance with Section 163.3184(10), Florida Statutes. J. ADOPTION After motion and second, the vote on this Ordinance was as follows: Tod Mowery, Chairman XXX Frannie Hutchinson, Vice -Chair XXX Chris Dzadovsky, Commissioner XXX Paula Lewis, Commissioner XXX Kim Johnson, Commissioner XXX PASSED AND DULY ADOPTED this 2013. ATTEST Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney Packet Pg. 255 8.A.3.a 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 File No.: FLUMA-320134609 Page 4 Exhibit "A" Text Amendments to the Comprehensive Plan in strikethrou and underline format. Policy 1.1.1.2 — The County's land use categories shall be described as follows: A. Agricultural-5 (AG-5) The AG-5 land use designation is intended for those areas of the County outside of the planned urban service area which are associated with agricultural and agricultural -related activities. These areas are recognized for first being appropriate for the production of citrus, cash crops, or ranching activities. These areas are acknowledged as potentially suitable for limited residential development under the following criteria: • All residential development must be in accordance with applicable standards and restrictions as set forth in the Land Development Code. • All residential development proposals in excess of eig#t forty-five (45) units must be approved through the Planned Development (PD) process as provided in the Land Development Code. • Any activity other that crop or food product related production, including combinations of properties/uses, in excess of 200 acres should identify appropriate mechanisms for funding the operation and maintenance of necessary infrastructure. Any utility infrastructure shall be consistent with the Infrastructure Element. • Residential densities are set at a maximum of .20 units per gross acre (one (1) unit per 5 gross acres). B. Agricultural-2.5 (AG-2.5) The AG-2.5 land use designation is intended for those areas of the County outside of the planned urban service area which are associated with agricultural and agricultural -related activities. These areas are recognized for first being appropriate for the production of citrus, cash crops, or ranching activities. These areas are acknowledged as potentially suitable for limited residential development under the following criteria: • All residential development must be in accordance with applicable standards and restrictions as set forth in the Land Development Code. • All residential development proposals in excess of ekjht forty-five (45) must be approved through the Planned Development (PD) process as provided in the Land Development Code. • Any activity other that crop or food product related production, including combinations of properties/uses, in excess of 200 acres should identify appropriate mechanisms for funding the operation and maintenance of necessary infrastructure. Any utility infrastructure shall be consistent with the Infrastructure Element. • Residential densities are set at a maximum of .40 units per gross acre (one (1) unit per 2.5 gross acres). Packet Pg. 256 8.A.3.a 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 File No.: FLUMA-320134609 Page 5 Policy 1.1.2.2. — Any application or petition to divide a lot or parcel of record as of January 9, 1990, in the AG-2.5 or AG-5 future land use categories, into more than eight forty-five (45) lots, parcels or tracts, shall be approved only through the planned development process consistent with the other Goals, Objectives and Policies of this Plan, eXGept in these instances where +he If two or more lots, parcels or tracts or combinations of lots, parcels or tracts and portions of lots, parcels or tracts which are contiguous to other lots, parcels or tracts under single or common ownership interest and were of record on January 1, 1990, the lands involved shall be considered to be an undivided parcel for the purposes of this Policy, provided, however, that lots, parcels or tracts separated by an ingress/egress, access or roadway easement that was of record on January 1, 1990, but not specifically excluding any easement limited to utilities, drainage or other non -access purpose, shall not be considered an undivided parcel for the purpose of this Policy. Policy 1.1.2.3. — natural areas arrerdiRg to the felleWiRg criteria: For any planned development project within the AG-5 and AG-2.5 future land use categories, the PUD may encompass one or more non-contiguous properties. All of the properties that are included within the PUD shall be considered together for purposes of calculating the maximum allowable density and shall be governed by a single authorizing resolution. Packet Pg. 257 8.A.3.a File No.: FLUMA-320134609 Page 6 1 Any planned development project developed within the AG-5 and AG-2.5 future land use 2 categories in excess of 400 units shall be required to employ innovative planning techniques to 3 reduce the cost of providing public services to the proposed development. Such techniques may 4 include, but are not limited to, using transfer of development rights to cluster density in an area 5 closer to the urban service boundary, providing for a mix of uses to reduce vehicle miles 6 travelled on the public roadway system, and paying increased impact fees to the County to 7 offset the cost of providing public services. 8 9 Policy 1.1.4.11 - Calculate gross residential density on lands that lie above the mean high water 10 elevation and provide for the ability to transfer and/ F Gluster residential density from wetland 11 and other sensitive or unique environmental habitats to upland areas on contiguous property or 12 non-contiguous property. 13 14 Policy 1.1.7.1 - Continue to encourage the use of Gluster h^61ci^^ and planned development 15 techniques to conserve open space and environmentally sensitive areas, through the County's 16 Land Development Code which shall include: 17 a. Minimum acreage requirements necessary to support a viable mixed use community 18 providing sufficient design flexibility to allow innovation and creativity in all forms of 19 planned unit developments; 20 b. Minimum open space ratios of 35 percent in all planned developments and including 21 assurances that such areas will remain as open space to protect existing native habitat, 22 to provide for minimum setback needs from adjacent uses, and to provide active and 23 passive recreational as well as visual amenities; 24 c. Provisions ensuring the long term preservation of remaining open spaces; 25 d. A mixed use district combining residential, commercial, recreational, educational, and 26 other income producing uses providing significant functional and physical integration 27 among uses; 28 e. Minimum standards for the provision of on -site shopping, job opportunities and 29 internal trip capture; and, 30 f. Specific requirements to provide efficient, centralized infrastructure (potable water and 31 sanitary sewer). Include specific restrictions on the use of septic tanks, individual wells, 32 and package plants in planned unit developments. 33 g. Development consistent with the Towns, Villages and Countryside Element and the 34 Transfer of Development Rights Program outlined under Objective 11.1.7. 35 Policy 1.4.1.3 - Consider amending the Comprehensive Plan Land Development Code to be 36 Eensistentwith +�WesteFR Lands Study,Which mayOnslude—a allow the transfer of 37 development rights program among other planning and development tools, to be considered for 38 approval by the Board of County Commissioners. 39 40 Policy 1.4.1.5 - Consider including strategies in the Land Development Code for agricultural 41 lands tote -considered OR the-VVeSteFLand Study include targeting agricultural industries and 42 activities that 43 • support bio-fuel production, 44 • promote agri-tourism, eco-tourism, 45 • promote/support local food marketing and branding, and Packet Pg. 258 8.A.3.a 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 File No.: FLUMA-320134609 Page 7 • promote mass stormwater farming, storage and treatment;_. • promote inrontiyes fOr Glistered development, and • further habitat GE)Rseryati ran Policy 6.1.8.5 — €XGerms-P, Vided f„r Ir PeliGy 2 of the Future La,,d Use E!eRq"QAI1 lands within development sites proposed as conservation and open space areas shall be maintained held in GiRgle eWRership by a heMeG Rers aGGGGia+iGR OF „+her or++„ one or more legal entities approved by the County Attorney that will be responsible for the perpetual maintenance of the conservation or open space area. Except as provided for in Policy 1.1.2.3 of the Future Land Use Element, open space and conservation areas shall not include lands utilized to meet the minimum lot size requirements. Packet Pg. 259 8.A.3.a FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND POLICIES Goal 1.1: Ensure the highest quality living environment possible, through a mixture of land uses reflecting the needs and desires of the local residents and how they want their community to develop. The goal shall be implemented by strictly enforced building, zoning and development codes based on objectives and policies that will enhance St. Lucie County's natural and man-made resources while minimizing any damage or threat of degradation to the health, safety and welfare of the county's citizens, native wildlife and environment, through incompatible land uses. Objective 1.1.1: Maintain the Future Land Use Map land with the following use designations to portray the future development patterns of St. Lucie County. Policy 1.1.1.1 - The following land use designations/intensities, as indicated on the Future Land Use Maps are provided as the pattern for the future development of the area within unincorporated St. Lucie County. Land Use Category Residential Density Intensity (Max Height/ Max Lot Coverage by Structure) AG-5 Agriculture-5 1 du/5 acres (.2 du/1 acre) _ AG-2.5 Agriculture-2.5 1 du/2.5 acres 4 du/1 acre - RE Residential Estate 1 du/1 acre _ IRS Residential Suburban 2 du/1 acre _ RU Residential Urban 5 du/1 acre _ RM Residential Medium 9 du/1 acre _ RH Residential High 15 du/1 acre _ R/C Residential/Conservation 1 du/5 acres 2 du/1 acre - Cpub Conservation -Public 0 du' 20 ft/5 -10% COM Commercial 0 du' 60 ft/40-50% IND Industrial 0 du' 80 ft/40-50% P/F Public Facilities 0 du' 80 ft/40-50% T/U Transportation/Utilities 0 du 40 ft/40-50% MXD Mixed Use Development .2-15 du/acre 2 80 ft/40% - 50% H Historic 0 du 1 40 ft/40-50% SD Special District .2-15 du/acre 80 ft/40% - 50% TVC Towns, Villages, & Countryside Variable pursuant to special ares plan. See TVC Element Goals, Objectives, and Policies. 1-9 du/acre Notes: 1) Residential uses permitted only as accessory to primary permitted use. Refer to Zoning/Land De�lopment Code for special restrictions. 2) Maximum Densities subject to compliance with intensity plans for each mixed use area, as set forth in Policy 1.1.7.4 Policy 1.1.1.2 - The County's land use categories shall be described as follows: A. Agricultural-5 (AG-5) The AG-5 land use designation is intended for those areas of the County outside of the planned urban service area which are associated with agricultural and agricultural -related activities. These areas are recognized for first being appropriate for the production of citrus, cash crops, or ranching activities. These areas are acknowledged as potentially suitable for limited residential development under the C O E E O U C O N Ca a� c .E c IL c W E U a r r a St. Lucie County Comprehensive Plan Element 1-16 Future Land Use Packet Pg. 260 8.A.3.a following criteria: c a • All residential development must be in accordance with applicable standards and restrictions as a o set forth in the Land Development Code; U • All residential development proposals in excess of eight units must be approved through the a, Planned Development (PD) process as provided for in the Land Development Code; ° r • Any activity other than crop or food product related production, including combinations of a properties/uses, in excess of 200 acres should identify appropriate mechanisms for funding the operation and maintenance of necessary infrastructure. Any utility infrastructure shall be consistent with the Infrastructure Element. E a • Residential densities are set at a maximum of .20 units per gross acre (one unit per 5 gross R' acres). B. Agricultural-2.5 (AG-2.5) o The AG-2.5 land use designation is intended for those areas of the County outside of the planned .. urban service area which are associated with agricultural and agricultural -related activities. These areas are recognized for first being appropriate for the production of citrus, cash crops, or ranching A activities. These areas are acknowledged as potentially suitable for limited residential development N under the following criteria: • All residential development must be in accordance with applicable standards and restrictions as o set forth in the Land Development Code;21 y • All residential development proposals in excess of eight units must be approved through the Planned Development (PD) process as provided for in the Land Development Code; a • Any activity other than crop or food product related production, including combinations of r properties/uses, in excess of 200 acres should identify appropriate mechanisms for funding the E operation and maintenance of necessary infrastructure. Any utility infrastructure shall be consistent with the Infrastructure Element. E a • Residential densities are set at a maximum of .40 units per gross acre (one unit per 2.5 gross x acres). C. Residential Estate (RE) a The Residential Estate (RE) land use category is intended to act as a transitional area between the E agricultural areas and the more intense residential areas in the eastern portion of the County. This category is found predominantly along the western edge of the urban form, but is also appropriate for ) areas of special environmental concern such as along the North Fork of the St. Lucie River and the .o Indian River Lagoon. A E The RE designation is intended for large lot, single-family detached residential dwellings, at a density of c one unit per gross acre. These areas are not required to be served with central utilities, however when L) at all practical, service connections should be provided. c .E The RE designation is acknowledged as potentially suitable for limited residential development under N the following criteria: Ca a� c • All residential development must be in accordance with applicable standards and restrictions as set forth in the Land Development Code; • All residential development proposals in excess of eight units must be approved through the a Planned Development (PD) process as provided for in the Land Development Code; • Residential densities are set at a maximum of one unit per one gross acre. U r r a St. Lucie County Comprehensive Plan Element 1-17 Future Land Use Packet Pg. 261 8.A.3.a c Development Code. The purpose of the TVC land use designation is to accommodate future growth a within the Special Area Plan for North St. Lucie County in the existing, undeveloped rural areas with a a planning strategy that will ensure a settlement pattern that is sustainable, predictable, protects and o enhances the rural environment and improves the citizens' quality of life. The TVC requires a 0 sustainable settlement pattern characterized by a mix of uses, building types and income levels within a compact pedestrian friendly environment that accommodates multiple modes of transportation and o preserves open space. This land use category is appropriate for areas that have been analyzed in a c Special Area Plan, created with a high degree of citizen participation. E Objective 1.1.2 - Provide in the Land Development Code provisions for a compatible and coordinated land use pattern which establishes agriculture as the primary use outside of the urban service boundary and promotes a retention of agricultural activities, preserves natural resources and maintains native vegetative habitats and x allows new development in accordance with the Towns, Villages and Countryside Goals, Objectives and Policies for settlement outside of the urban service boundary within the Special Area Plan for North St. Lucie o County 0 Policy 1.1.2.1 - Require that new developments within the AG-5 and AG-2.5 future land use categories M not exceed the gross densities provided in Policy 1.1.1.1. 0 Policy 1.1.2.2 - Any application or petition to divide a lot or parcel of record as of January 9, 1990, in the o AG-2.5 or AG-5 future land use categories, into more than eight lots, parcels or tracts, shall be W approved only through the planned development process consistent with the other Goals, Objectives o and Polices of this Plan, except in those instances where the division of lot or parcel of record as of .y January 9, 1990, would result in individual parcels or tracts of 20 acres or more in size and no streets roads or other public or private infrastructure are required. a If two or more lots, parcels or tracts or combinations of lots parcels or tracts and portions of lots parcels or tracts which are contiguous to other lots parcels or tracts under single or common ownership interest E and were of record on January 1, 1990, the lands involved shall be considered to be an undivided a parcel for the purposes of this Policy, provided however, that lots, parcels or tracts separated by an E ingress/egress, access or roadway easement that was of record on January 1, 1990, but specifically X excluding any easement limited to utilities, drainage or other non -access purpose, shall not be considered an undivided parcel for the purpose of this Policy. Where any new street, road, or other public or private infrastructure is proposed within the PD it shall L be designed in a manner that provides for the grouping or concentrating of all development areas and o activities in order to minimize the cost of providing infrastructure and community services to these areas c) while maintaining a minimum of 80 percent Open Space (gross area). c Policy 1.1.2.3 - All future non-agricultural development within the AG-5 and AG-2.5 future land use categories will be required to preserve open space, which is to be defined to include, but not be limited E to, agricultural activities such as groves and range land as well as preservation of natural areas v according to the following criteria: a. Developments in excess of eight units or greater than 160 acres in gross area, whichever is io more restrictive must retain a minimum of 80 percent of the project site as open space. Ga b. Developments of eight units or less, or involving 160 acres or less in gross area, whichever is •�' more restrictive must retain a minimum of 50 percent of the project site as open space, provided that this paragraph shall not be applied to avoid the remainder of this policy through further a subdivision of land parcels as existed as to record on January 9, 1990. c as For any planned development project developed within the AG-5 and AG-2.5 future land use E U r r a St. Lucie County Comprehensive Plan 1-21 Future Land Use Element Packet Pg. 262 8.A.3.a c categories, a minimum of 35 percent of the gross project area shall be held in common ownership or i a. management control. Nothing in this Policy is intended to prevent these areas of required common o- open space from, at the discretion of and acceptance by the appropriate unit of local or state o government, being conveyed into public ownership or trust. For any agricultural PD equal to or less 0 than 160 acres in gross area or involving eight or less lots or parcels, whichever is more restrictive, the m, required common open space, may be held in either common or individual interest. o Policy 1.1.2.4 - Provide the means to manage growth within the agricultural land use categories through r c the orderly delivery of services concurrent with the impacts of development. It is anticipated that over c time portions of the agricultural land use categories will be converted to urban uses as services are a) provided. However, the physical extension of County provided central sewer and water services shall a only occur consistent with the other provisions of this Plan. x as E- Policy 1.1.2.5 - The County shall include in its Land Development Code a site assessment process to evaluate the potential conversion of existing or designated agricultural land uses to non-agricultural land uses in a rational and orderly manner. Such provision shall require as a condition to such 0 conversion that the Board of County Commissioners affirmatively find that the proposed non- M agricultural use: M a. is compatible with adjacent land uses; 0 o b. maintains the viability of continued agricultural uses on adjacent lands; W 0 c. contains soils suitable for urban use as defined by the St. Lucie County soil survey; d. is suitable with existing site -specific land characteristics;21 e. is consistent with comprehensive development plans; a f. will have available the necessary infrastructure concurrent with the anticipated demands for development; E g. will avoid the extension of the urban services boundary to create any enclaves, pockets, or finger areas; and, E a h. Could not be feasibly located on non-agricultural land. X E- Policy 1.1.2.6 - Provide adequate buffering and/or setbacks between agriculture and non-agricultural uses to protect such agricultural uses from adverse impacts associated with encroachment of non- a agricultural development or creation of nuisances by agricultural operations. Insure that Agricultural Best Management Practices are used. o 0 Policy 1.1.2.7 - Consistent with Objective 1.1.16 allow for eco-tourism uses within the Agricultural area. o Objective 1.1.3 - Review and amend, as required, the County's Land Development Code which support the N T implementation of the Future Land Use Element, and the other components of the St. Lucie County E Comprehensive Plan. Policy 1.1.3.1 - Adopt and/or amend existing Land Development Code to ensure that they contain the a� specific and detailed provisions necessary to implement the adopted Comprehensive Plan, and which i° as a minimum include the following: Gs a. Regulate the subdivision of land; a� b. Regulate the use of land, air, and water consistent with all elements of the St. Lucie County c 2 Comprehensive Plan, to ensure the compatibility of adjacent land uses and provide for a adequate open space; c. Protect those areas designated for conservation purposes or that contain other special r r a St. Lucie County Comprehensive Plan Element 1-22 Future Land Use Packet Pg. 263 8.A.3.a c FL Policy 1.1.4.8 - The County shall work with the FDOT to develop guidelines for Transit Oriented o- Development (TOD) by December 2012. o U Policy 1.1.4.9 - The County shall continue to support dense, compact development in the Jenkins Special Area Plan corridor which creates a viable road system and supporting multi -modal facilities, o and to create an innovative, mixed use neighborhood that increases the internal capture of trips and to c include walkable scale and bicycle facilities that increase the variety of modes of transportation used to E make internal trips built with adequate open space and recreational resources, and to protect natural resources. E a Policy 1.1.4.10 - Land Development Code amendments to implement recommendations in the Green x' Jobs and Innovation Corridor Charrette which will include an emphasis on green collar job creation, E- green energy, energy conservation, building standards, landscaping, public meeting places and o guidelines to develop the Research Park so that it will encompass the most current green technology available will be completed by December 2011. M Policy 1.1.4.11 - Calculate gross residential density on lands that lie above the mean high water M elevation and provide for the ability to transfer and/or cluster residential density from wetland and other N sensitive or unique environmental habitats to upland areas on contiguous property or non-contiguous o property. o Policy 1.1.4.12 - In any instance where either this Comprehensive Plan or the Land Development Code .y permits the transfer of density from a portion of a parcel of land to another portion of the same or adjacent parcel of land, the density transferred away shall not be replaced by transferring density from a the same or adjacent parcel of land. r c as Objective 1.1.5 - In coordination with the other elements of this plan, future development within the Urban E Service Area shall be directed to areas where urban and community services/facilities can be provided in the a most efficient and compact manner so as to discourage the proliferation of urban sprawl. E Policy 1.1.5.1 - Urban development activities shall be restricted to that area identified as the Urban w Service Area in the Future Land Use Map series or to special area plans adopted within the Towns, Villages and Countryside Element. Urban development activities are defined, for the purpose of this a Policy, as any residential development activity in excess of two units to the gross acre, any non- Q. agricultural commercial activity or any non- extractive/non-agriculturally related industrial activity. o U The Urban Service Area is not intended to be a static line of development. Using the 1990 urban c service boundary line as a base, an individual segment of this line may be extended or contracted only •2 once for a distance up to 1,500 feet from that which is indicated in the Future Land Use Map series •0 without necessitating an amendment to the Comprehensive Plan provided that the urban service area E lies contiguous to an existing residential commercial or industrial land use classification; the owner of I the contiguous property can ensure the provision of appropriate infrastructure and services, and the c resulting change does not detrimentally impact the established character of the area surrounding the 'E area to be included in the urban service boundary. St. Lucie County shall be responsible for maintaining N an updated map indicating the location of the 1990 Urban Service Boundary, including any alterations oa to it and once every two years include as a part of a Comprehensive Plan Amendment process, the latest Urban Service Area Map. Any modification of the Planned Urban Service Area Boundary beyond 1,500 feet will require a formal a amendment through the Comprehensive Plan amendment process. E Policy 1.1.5.2 - Prior to the issuance of any final development order within the Urban Service Area, the r r a St. Lucie County Comprehensive Plan 1-24 Future Land Use Element Packet Pg. 264 8.A.3.a Use Development (PMUD) zoning designations. Policy 1.1.7.1 - Continue to encourage the use of cluster housing and planned development techniques to conserve open space and environmentally sensitive areas, through the County's Land Development Code which shall include: a. Minimum acreage requirements necessary to support a viable mixed use community providing sufficient design flexibility to allow innovation and creativity in all forms of planned unit developments; b. Minimum open space ratios of 35 percent in all planned developments and including assurances that such areas will remain as open space to protect existing native habitat, to provide for minimum setback needs from adjacent uses, and to provide active and passive recreational as well as visual amenities; c. Provisions ensuring the long term preservation of remaining open spaces; d. A mixed use district combining residential, commercial, recreational, educational, and other income producing uses providing significant functional and physical integration among uses; e. Minimum standards for the provision of on -site shopping, job opportunities and internal trip capture; and, f. Specific requirements to provide efficient, centralized infrastructure (potable water and sanitary sewer). Include specific restrictions on the use of septic tanks, individual wells, and package plants in planned unit developments. g. Development consistent with the Towns, Villages and Countryside Element and the Transfer of Development Rights Program outlined under Objective 11.1.7. Policy 1.1.7.2 - Encourage the use of the Planned Mixed Use Development (PMUD) zoning designation which permits both residential and non-residential development within a single planned development. Policy 1.1.7.3 - Continue to support the mixed use activity areas as indicated in the following Sub -area Mixed Use Activity Area Plans as depicted by name in this Element. Policy 1.1.7.4 - The following use intensity definitions shall be used for the purpose of this plan for the Mixed Use activity areas: 1. High Intensity development areas may include the following types of land uses: Residential 5 to 15 du/acres Institutional 1.5 FAR * Professional Service/Office 1.5 FAR * General Commercial 1.0 FAR * Public Service/Utility .5 FAR * Industrial .5 FAR * * FAR = Floor Area Ratio 2. Medium Intensity development areas may include the following types of land uses: Residential 5 to 9 du/acres Institutional 1.0 FAR * Professional Service/Office 1.0 FAR * General Commercial .75 FAR * Public Service/Utility .25 FAR * Industrial .25 FAR * * FAR = Floor Area Ratio c ig a a E 0 U W 0 r c as E c as E a x as E- 0 O M M 0 N 0 O c a r c as E c as E a x as c cc a 0M E 0 U St. Lucie County Comprehensive Plan Element 1-27 Future Land Use Packet Pg. 265 8.A.3.a 2012. c a Policy 1.2.1.3 - Support efforts to provide fixed route transit throughout the County, including light rail 0- o service. U Policy 1.2.1.4 - Explore the financial feasibility for inclusion in the St. Lucie County budget of adopting N c streetscape and develop design standards to promote pedestrian activity in development and r redevelopment by December 2013. E Policy 1.2.1.5 - The County shall consider inclusion in the St. Lucie County budget yearly financially feasible improvements and coordinate with the St. Lucie TPO and MOT to implement the as E recommendations of the 2008 SLC Bicycle, Pedestrian, Greenways & Trails Study as it may be a amended when funding is available Policy 1.2.1.6 - Complete the study on innovative transportation funding practices that discourage o sprawl such as a mobility fee that charges all new developments with costs varying on location and vehicles miles traveled (VMT) per the Transportation Element by December 2011. W M Goal 1.3: Recognize and plan for unique areas within the unincorporated county. M Objective 1.3.1: Identify areas which have common internal characteristics and require planning as contiguous 0 o areas. The Indrio Road corridor, Treasure Coast Education, Research Development Authority (TCERDA), o western lands and other areas designated by the Board of County Commissioners are examples. v Policy 1.3.1.1 - Define the boundaries of appropriate planning areas. 0 Policy 1.3.1.2 - Prioritize the identified planning areas for order of consideration. c a r c as Policy 1.3.1.3 - Work with citizens of each area to identify issues and seek solutions which may include E changes to local levels of service, available public services including roadways, future land use and zoning. E Goal 1.4: Ensure through the Comprehensive Plan the development of energy efficient land use patterns and policies that reduce greenhouse gas emissions through innovative sustainable land planning tools which discourage urban sprawl, protect native habitat, reduce automobile use, and maintain open space. a Objective 1.4.1: Create a sustainable plan for the County's western lands that will preserve and conserve a Q. o functioning network of agriculture, open space, and natural areas while providing economically viable options L) for agricultural landowners, now and in the future based upon the Western Lands Study to be considered for c adoption by the Board of County Commissioners. N E Policy 1.4.1.1 - Explore techniques for preservation of agricultural and rural lands including additional E action steps in the Committee for a Sustainable Treasure Coast —Final Report. v a, c Policy 1.4.1.2 - Consider innovative partnerships between urban areas, local and regional 'o governmental entities, and rural landowners that take advantage of the services and benefits that rural N lands can provide to urban areas and the region as a whole. Examples might include compensating a rural landowners to support CERP, IRL South Plan, and research on biofuels. .E c Policy 1.4.1.3 — Consider amending the Comprehensive Plan to be consistent with the Western Lands f° Study, which may include a transfer of development rights program among other planning and a development tools, to be considered for approval by the Board of County Commissioners. E M U r r a St. Lucie County Comprehensive Plan 1-37 Future Land Use Element Packet Pg. 266 8.A.3.a c Policy 1.4.1.4 - The County shall continue to support economic development activities that encourage i a. biofuels production per the St. Lucie County Targeted Industry list. E Policy 1.4.1.5 - Strategies to be considered in the Western Land Study include targeting agricultural 0 industries and activities that • support bio-fuel production, 0 • promote agri-tourism, eco-tourism, • promote/support local food marketing and branding, E • promote mass stormwater farming, storage and treatment, • promote incentives for clustered development, and E a • further habitat conservation. x as Objective 1.4.2: Encourage green building standards in order to reduce greenhouse gas emissions. 0 0: Policy 1.4.2.1 - In accordance with Section 255.2575, F.S. the County will continue to construct all O future County buildings to meet the United States Green Building Council (USGBC) Leadership in W" Energy and Environmental Design (LEED) rating system or the Florida Green Building Coalition M standards. 0 N Policy 1.4.2.2 - The County shall encourage the use of the United States Green Building Council aw (USGBC) Leadership in Energy and Environmental Design (LEED) rating system or the Florida Green o Building Coalition standards for both residential and commercial properties. By December 2012, the w County shall explore incentives for use of green building standards in new development and >, redevelopment. a Policy 1.4.2.3 - Ensure the comprehensive plan and Land Development Code do not prevent the construction of electric substations within the County E c Policy 1.4.2.4 - Review Land Development Code and consider appropriate standards for use of alternate, renewable sources of energy including the use of solar panels except in environmentally a sensitive areas by 2012. Policy 1.4.2.5 - The County shall facilitate the creation of low interest loans through the Solar and Energy Loan Fund to residents and business owners to install energy efficiency and conservation a measures as well as renewable energy technology. E 0 U Policy 1.4.2.6 - The County shall develop specific energy conservation goals for the rehabilitation of r County buildings and facilities by December 2012. 2 0 2 Objective 1.4.3: Maintain St. Lucie County Greenprint and implement specific actions as part of the Florida E Green Building Council's Green Local Government certification, including: c U Policy 1.4.3.1 - Utilizing Florida Friendly Landscaping TM standards, Integrated Pest Management f principles, and Best Management Practices or similar/greater standard for all County owned and o maintained properties. N Ga Policy 1.4.3.2 - Requiring all County facilities to have recycling programs in place. c Policy 1.4.3.3 - Adopting Environmentally Preferred Purchasing policies to the extent feasible. a Policy 1.4.3.4 - Adopting green cleaning and green maintenance techniques such as those described c E by the Florida Department of Environmental Protection to the extent feasible. 0 r r a St. Lucie County Comprehensive Plan 1-38 Future Land Use Element Packet Pg. 267 8.A.3.a and eradicated at the time of development or redevelopment of a nonresidential use and residential site plan projects and, where appropriate, replaced with native or drought tolerant species that are adapted to existing soil and climatic conditions. Policy 6.1.8.2 - The County shall protect state and federal listed plant and animal populations and their native habitat, including intact canopy, understory and ground cover upon which these populations depend for survival. Protection mechanisms include: a. Assisting in the application of and compliance with Federal and State regulations; b. Consulting with appropriate Federal and State agencies during development reviews when listed species may be onsite; C. Establishing management programs with incentives for private landowners to protect or conserve habitats, such as reduced parking, landscaping, or credit for park and recreation impact fees; d. Using guidelines in the Land Development Code regarding conservation easements, cluster site planning and micro -siting of buildings; e. Assisting the state in developing an education program to promote the preservation of endangered and threatened species; and f. Proposed site clearing activities within the known range of listed species or where such species are expected to occur based upon habitat suitability and species ranges shall be surveyed by qualified environmental consultants and/or government ecologists prior to approval and commencement of such activities to determine whether or not populations of listed plant and animal species occur. Policy 6.1.8.3 - Lands acquired through the County's Environmentally Significant Lands Program for preservation shall be preserved and managed for natural habitat, listed plant and animal species and passive resource recreational needs of the public. Policy 6.1.8.4 - The Land Development Code shall include criteria which allow utilization of Transfer of Development Rights (TDRs) or other flexible methods of land development transfer that would direct development from unsuitable lands to those most suitable for active use. Policy 6.1.8.5 - Except as provided for in Policy 1.1.2.2 of the Future Land Use Element, all lands within development sites proposed as conservation and open space areas shall be held in single ownership by a homeowners' association or other entity approved by the County attorney that will be responsible for the perpetual maintenance of the conservation or open space area. Except as provided for in Policy 1.1.2.3 of the Future Land Use Element open space and conservation areas shall not include lands utilized to meet the minimum lot size requirements. Policy 6.1.8.6 - The County shall require the use of native or drought tolerant vegetation adapted to existing soil and climatic conditions in landscaping. Policy 6.1.8.7 - St. Lucie County shall review as part of each Evaluation and Appraisal Report of the Comprehensive Plan the existing criteria and standards St. Lucie County Comprehensive Plan 6-26 Conservation Element October 26, 2010 Packet Pg. 268 OBITUARIES SC « SCRIPPS TREASURE COAST NEWSPAPERS (( Thursday, April 4,2013 ((58 Annie Lawrence Fort Pierce Annie Bacon Lawrence, 69, died April 1, 2013, at Lawnwood Regional Med- ical Center, Fort Pierce. She was born in Bruns- wick, Ga., and lived in Fort Pierce for 47 years, com- ing from Brunswick. She was " employed as a laborer in the agricul- tural indus- try. She was a member of Neighbor- hood Bible Way Church. Survivors include her sons, Harry Lawrence Jr. of Fort Pierce, Joseph A. Lawrence of Port St. Lu- cie and Thornton L. Law- rence of Virginia Beach, Va.; brothers, Charles Ba- con, Frank Bacon, Keno Capers and Elijah Capers, all of Brunswick; sisters, Shirley Seymour of Mable- ton, Ga., and Debra Vereen of Brunswick; and one grandchild. She was preceded in death by her husband, Harry H. Lawrence Sr.; and son, Bruce L. Law- rence. Services: Visitation will be from 3 to 7 p.m. April 5 and from 9 a.m. to noon April 6 at Sarah's Memo- rial Chapel. A home go- ing celebration will be at 2 p.m. April 6 at Greater New Bethel Missionary Baptist Church. A burial will be in Riverview Me- morial Chapel. A guest book is available at www. sarahsmemorial.com. Linda Mosley Vero Beach Linda Joanne Walker Mosley, 57, died March 18, 2013. She was born in Fort Pierce and moved to Vero Beach in 1997 from Fort Pierce. Survivors include her sons, Bobby Mosley Jr. of Newport ElNews, Va., and Gus Gilmore III and By - ron Harvey Jr., both of Vero Beach; daughters, Y a s h i c a Mosley and Ketsha Mos- ley, both of Vero Beach, and Vel'tisha Curry of West Palm Beach; broth- ers, Willie J. Walker Jr. of Miami and Steven Walker and John L. Walker, both of Fort Pierce, Rudolph Walker of Port St. Lucie and Charles Walker of Gifford; sisters, Patrica Swann of Miami, Willie Mae Thomas of Fort My- ers and Thelma Brown of Fort Pierce; 23 grandchil- dren; and five great-grand- children. Services: Memorial services will be at 11 a.m. April 7 at Macedonia Seventh -day Adven- tist Church, Fort Pierce. Arrangements are by Hortense/Mills Memorial Funeral Home. Elizabeth Neun Hobe Sound Elizabeth Jane Neun, 86, died April 2, 2013. She was born in Pitts- burgh and lived in Hobe Sound. Survivors include her sons, Thomas Neun of Hobe Sound and Gary Neun of Kansas; sis- ters, Marie Tanner, Lou Howell and Nancy Jean Pfister; and three grand- children. She was preceded in death by her sister, Mae Belback; and brother, Burt Mullen. Memorial contributions may be made to Treasure Coast Hospice, 1201 S.E. Indian St., Stuart, FL 3499Z Services: Per her wish- es, cremation has taken place and no public ser- vices are scheduled at this time. Arrangements are by Treasure Coast Seawinds Funeral Home and Crema- tory, Stuart. A guest book is available at www.treasure coastseawinds.com. Sandra Rupanovic Port St. Lucie Sandra Rupanovic, 68, died March 31, 2013, at Kindred Hospital. She was born in Cleve- land and lived in Port St. Lucie. Before retiring, she was an office manager in the service finance in- dustry. She was a member of the Fort Lau- derdale Cor- vette Club. Survivors include her husband, David A. Rupa- novic of Port St. Lucie; son, Donald D. Rupanovic of Cleveland; daughter, Sherri Kelley of Port St. Lucie; five grandchildren, and one great-grandchild. She was preceded in death by her son, Gary Remy Jr. Services: Visitation will be from 5 and 7 p.m. April 5 in the Port St. Lucie Chapel of Martin Funeral Homes & Crematory. A guest book is available at www.heavencalled.com. Marie Starling Fort Pierce Marie "Ms. Casarena" Starling, 80, died March 28, 2013, at Lawnwood Regional Medical Center, Fort Pierce. She was born in Fort Pierce and lived there. She was an entrepre- neur and owner in the restaurant business. She was a �., member of Immanuel Full Gos- pel of Bap- tist Church, where she served on the Mother's Board and also a member of the former Fort Pierce Gospel Singers. Survivors include her sons, John Lee Cox of Lake Worth, James Henry Cox of Fort Lauderdale and Clayton Stephan Cox of Fort Pierce; daughters, Lestermarie Cox, Shir- ley Patterson and Linda Blanson, all of Fort Pierce; brother, John Lewis Mack of Rivera Beach; sisters, Mattie Lee Turner of Fort Pierce and Bernice Dan- ielson of Hyannis, Mass.; 18 grandchildren, 21 great- grandchildren; and one great -great-grandchild. She was preceded in death by her sons, Julius Cox and Terry Dexter Cox; daughter, Carrie Lou- ise Cox; brothers, Jimmy Lee Mack, O.C. Mack, Henry Lewis Mack, Rob- ert Lee Mack and Franklin Roosevelt Mack; sister, Rosa Hightower Cum- mings; and three grand- children. Services: Visitation will be from 3 to 7 p.m. April 5 at Stone Brothers Funeral Home. A funeral service will begin at 11 a.m. April 6 at Immanuel Full Gos- pel Baptist Church, Fort Pierce. Burial will follow in Pine Grove Cemetery. A guest book is available at www.stonebrothers funeralhome.com. Herbert Tillman Fort Pierce Herbert James Tillman, 50, died March 25, 2013, at VNA Hospice House of Vero Beach. He was born in Fort Pierce and lived in Vero Beach for 13 years, coming from his birthplace. He was a cook for Palm Garden Nursing Facility and Atlantic Health Cen- ter in Vero Beach. He was a member at Gates of Praise Church, Vero Beach. Survivors include his son, Artimus Tillman of Fort Pierce; daughters, Ebony Burks and Elisha Moorer, both of Green- ville, S.C., and Kelsey Tillman, Tamyiah Till- man and Jamyiah Till- man, all of Port St. Lucie; companion, Priscilla Ca- ble of Vero Beach; father, Eugene Tillman of Fort Pierce; mother, Ethel Ma- rie Washington of Port St. Lucie; brothers, Kenneth Tillman, Shawn Tillman, Clarence Glenn, Thomas Cronies and David Glen, all of Fort Pierce; sisters, Christine Collins of Fort Pierce, Deloris Durham, Cheryl Reid and Devora Tillman, all of Port St. Lucie; and seven grand- children. Services: Visitation will be from 3 to 7 p.m. April 5 and 9 to 10 a.m., April 6 at Sarah's Memorial Chapel. A celebration of life will be at 11 a.m. April 6 at House of God No.1. Burial will be in Pine Grove Cemetery. A guest book is available at www.sarahsmemorial. com. %William Walsh Port St. Lucie William Thomas Walsh, 80, died March 24, 2013, at Tiffany Hall Nursing and Rehabilitation Center. He was born in Harlem, N.Y., and lived in Port St. Lucie, coming from Long Island, N.Y. He served in the Army. He owned and operated a furniture store in Port St. Lucie. Survivors include his daughters, Leslie Bocker of Brightwaters, N.Y., and Stephanie Giglione of Selden, N.Y.; son, William Walsh of Tampa; seven grandchildren; and sister, Patricia. He was preceded in death by his wife, Mary. Memorial contribu- tions may be made to St. Lucie County Commu- nity Services, 437 N. Sev- enth St., Fort Pierce, FL 34950. Services: Arrangements are by Yates Funeral Home, Port St. Lucie. A guest book is available at www.yatesfuneralhome. com. Otis Ward Sr. Fort Pierce Otis Ward Sr., 52, died March 27, 2013, at Lawn - wood Regional Medical Center, Fort Pierce. He was born in Quincy and lived in Fort Pierce for 46 years, coming from his birthplace. He was employed as a laborer with the Road Construction Co. Survivors include his son, Otis Ward Jr. of Fort Pierce; stepson, Lavare- ous Loggins of Fort Pierce; stepdaughter, LaShara Loggins of Fort Pierce; bother, Arthur James Ward of Americus, Ga.; sisters, Dorothy Johnson of Fort Pierce, Shirley Brown, Vivian Lawrence and Annie Ward, all of Fort Pierce, and Bessie Bartley of Quincy, Edna Franklin of Graceville; and four grandchildren. He was preceded in death by his father, Ether James Ward; and brothers, Marvin Ward and Orie Johnson Jr. Services: Visitation will be from 3 to 7 p.m. April 5 and 9 to 11 a.m., April 6 at Sarah's Memorial Chapel. A celebration of life will be at noon April 6 at Zion Hope Missionary Baptist Church. Burial will be in Pine Grove Cemetery. A guest book is available at www.sarahsmemorial. com. % Marshal Wilcox Jr. Sewall's Point Marshal L. "Bud" Wil- cox Jr., 88, died March 26, 2013, at his home. He was born in New York City and lived in Sewall's ' Point for 25 years, coming from Norwalk, Conn. He re- ceived his master's degree from Rutgers University in New Brunswick, N.J. He was a Navy veteran. Before retiring, he was the treasurer for the New York & New Jersey Port of Authority. He served on the Martin County Board of Commissioners for eight years. He was a member of St. Mary's Episcopal Church. He was a member of Ro- tary International Emeri- tus, BPOE and Florida Aero Club; founder of Stu- art Corinthian Yacht Club; and served as a volunteer for many years in Martin County. Survivors include his wife, Joan Wilcox; daugh- ters, Marsha Ann Wilcox, Susan Savard, Lydia Hilton and Nancy Perry; brother, Thomas DeLouch Wilcox; and one grandson. Services: A memorial celebration will be at 11:30 a.m. April 11 at St. Mary's Episcopal Church, Stuart. Arrangements are by Mar- tin Funeral Home & Cre- matory/Stuart Chapel. A guest book is available at www.heavencalled.com. H AU MAN SU11Ufii, The Weekk 6u* to Ma 0ni Y(wr Monn SUNDAY 0 Scfipps Timum Coast Newsp ym 8.A.3.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 39 40 41 42 43 44 45 46 47 48 ORDINANCE FILE NO.: FLUMA - 320134609 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE COMPREHENSIVE PLAN TO RESOLVE THE RESIDENTIAL OPEN SPACE ISSUE IN THE AGRICULTURAL AREAS OF WESTERN ST. LUCIE COUNTY; REVISING POLICIES 1.1.1.2, 1.1.2.2., 1.1.2.3, 1.1.4.11, 1.1.7.1, 1.4.1.3, 1.4.1.5 AND 6.1.8.5; PROVIDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. 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: 1. St. Lucie County has initiated amendments to the text of the Comprehensive Plan to resolve the residential open space issue in the agricultural areas of western St. Lucie County consistent Chapter 163, Florida Statutes; and 2. The Board of County Commissioners of St. Lucie County as the governing body of St. Lucie County having jurisdiction over this application pursuant to Chapter 163, Florida Statutes, is authorized and empowered to consider amendments to the adopted Comprehensive Plan of St. Lucie County; and 3. On April 18, 2013, the St. Lucie County Planning and Zoning Commission/Local Planning Agency held a public hearing, of which due notice was published in the St. Lucie News Tribune, and recommended to the Board of County Commissioners that the petition for an amendment to the text of the Comprehensive Plan be approved; and 4. On May 21, 2013, the Board of County Commissioners of St. Lucie County, Florida held the first of two required public hearing, of which due notice was placed in the St. Lucie News Tribune and approved transmittal to the Department of Economic Opportunity division of Community Planning; and 5. On August 6, 2013, the Board of County Commissioners of St. Lucie County, Florida held a public hearing, of which due notice was placed in the St. Lucie News Tribune, and deemed the adoption of the amendments to the Comprehensive Plan to be in the best interests of the citizens and residents of the County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: Packet Pg. 270 8.A.3.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 39 40 41 42 43 44 45 46 47 48 49 50 51 File No.: FLUMA-320134609 Page 2 A. ADOPTION OF THE AMENDMENTS The Board of County Commissioners does hereby adopt the text amendments to the St. Lucie County Comprehensive Plan, attached here as Exhibit A. B. FINDING OF CONSISTENCY The Board of County Commissioners of St. Lucie County, Florida, specifically determines that the approval of this amendment to the adopted Comprehensive Plan Future Land Use Element is internally consistent with the goals, objectives and policies contained in the St. Lucie County Comprehensive Plan and provides for the recognition that impacts of this approval on the public facilities of St. Lucie County will not occur until such time as a Final Development Order for development on this property is issued. C. CHANGES TO THE COMPREHENSIVE PLAN The St. Lucie County Planning and Development Services Director is hereby authorized and directed to cause this change to be made to the text of the St. Lucie County Comprehensive Plan and to make notation of reference to the date of adoption of this Ordinance. D. CONFLICTING PROVISIONS Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this Ordinance to the extent of such conflict. E. SEVERABILITY If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstance. F. APPLICABILITY OF ORDINANCE This Ordinance shall be applicable as stated in Paragraphs A, B and C G. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF ECONOMIC OPPORTUNITY The Planning and Development Services Director shall send a certified copy of this Ordinance to the Department of Economic Opportunity Bureau of Community Planning Caldwell Building 107 East Madison Street, MSC 160 Tallahassee, FL 32399. Packet Pg. 271 8.A.3.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 39 40 41 File No.: FLUMA-320134609 Page 3 EFFECTIVE DATE This Ordinance shall take effect thirty-one (31) days after adoption. If the Ordinance is challenged within thirty (30) days after adoption, the Ordinance shall not be effective until the State Land Planning Agency or Administration Commission respectively issues a final order finding the adopted amendment in compliance in accordance with Section 163.3184(10), Florida Statutes. J. ADOPTION After motion and second, the vote on this Ordinance was as follows: Tod Mowery, Chairman XXX Frannie Hutchinson, Vice -Chair XXX Chris Dzadovsky, Commissioner XXX Paula Lewis, Commissioner XXX Kim Johnson, Commissioner XXX PASSED AND DULY ADOPTED this 6th day of August, 2013. ATTEST Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney Packet Pg. 272 8.A.3.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 39 40 41 42 43 44 45 46 File No.: FLUMA-320134609 Page 4 Exhibit "A" Text Amendments to the Comprehensive Plan in strikethrou and underline format. Policy 1.1.1.2 — The County's land use categories shall be described as follows: A. Agricultural-5 (AG-5) The AG-5 land use designation is intended for those areas of the County outside of the planned urban service area which are associated with agricultural and agricultural -related activities. These areas are recognized for first being appropriate for the production of citrus, cash crops, or ranching activities. These areas are acknowledged as potentially suitable for limited residential development under the following criteria: • All residential development must be in accordance with applicable standards and restrictions as set forth in the Land Development Code. • All residential development proposals in excess of eig#t forty-five (45) units must be approved through the Planned Development (PD) process as provided in the Land Development Code. • Any activity other that crop or food product related production, including combinations of properties/uses, in excess of 200 acres should identify appropriate mechanisms for funding the operation and maintenance of necessary infrastructure. Any utility infrastructure shall be consistent with the Infrastructure Element. • Residential densities are set at a maximum of .20 units per gross acre (one (1) unit per 5 gross acres). B. Agricultural-2.5 (AG-2.5) The AG-2.5 land use designation is intended for those areas of the County outside of the planned urban service area which are associated with agricultural and agricultural -related activities. These areas are recognized for first being appropriate for the production of citrus, cash crops, or ranching activities. These areas are acknowledged as potentially suitable for limited residential development under the following criteria: • All residential development must be in accordance with applicable standards and restrictions as set forth in the Land Development Code. • All residential development proposals in excess of ekjht forty-five (45) must be approved through the Planned Development (PD) process as provided in the Land Development Code. • Any activity other that crop or food product related production, including combinations of properties/uses, in excess of 200 acres should identify appropriate mechanisms for funding the operation and maintenance of necessary infrastructure. Any utility infrastructure shall be consistent with the Infrastructure Element. • Residential densities are set at a maximum of .40 units per gross acre (one (1) unit per 2.5 gross acres). Packet Pg. 273 8.A.3.b File No.: FLUMA-320134609 Page 5 1 Policy 1.1.2.2. — Any application or petition to divide a lot or parcel of record as of January 9, 2 1990, in the AG-2.5 or AG-5 future land use categories, into more than efg#t forty-five (45) lots, 3 parcels or tracts, shall be approved only through the planned development process consistent 4 with the other Goals, Objectives and Policies of this Plan, eXGept in these instances where the 5 6 7 aYe YelYI IlYerl 8 If two or more lots, parcels or tracts or combinations of lots, parcels or tracts and portions of 9 lots, parcels or tracts which are contiguous to other lots, parcels or tracts under single or 10 common ownership interest and were of record on January 1, 1990, the lands involved shall be 11 considered to be an undivided parcel for the purposes of this Policy, provided, however, that 12 lots, parcels or tracts separated by an ingress/egress, access or roadway easement that was of 13 record on January 1, 1990, but not specifically excluding any easement limited to utilities, 14 drainage or other non -access purpose, shall not be considered an undivided parcel for the 15 purpose of this Policy. 16 17 18 shall be deSigRed OR a rnaRRer that provides for the 9FOUP'Rg Or GGRGeRtratiRg of all developmeRt 19 20 21 Policy 1.1.2.3. — 22 23 24 natural areas assordinn to the folleWino criteria: 25 a. DeveleprneRtS OR eXGess of eight units, er greater thaR 160 aGres IR gress area, WhiGhever 26 27 b. Develepments ef eight YRitS er less, or involving 160 aGres er less on gross area, whiGhever 28 mere reStFiGtive must retain a miRimum ef 50 peFGent ef the PFE)j8Gt site as open spaGe, pFevided 29 that this paragraph shall Ret be applied to avoid the rerna'Rder ef this PGI'GY threugh further 30 subdivision of land narre�sexisted as Of FeGrrd on January Q 1990. 31 32 Gategerie , . . 1 Of 35 PerGeRt of the gress PFGjeGt area shall be preserved as open spa 33 34 these areas of required GOMmen open SPaGe frern, at the diSGretien of and aGGeP Ge by the 35 36 Itural PID equal to er less thaR 160 aGres IR gress area er 1RVGlViRg eight or less lets er 37 38 GGMFn lrl er iRdiyidual interest 39 For any planned development project within the AG-5 and AG-2.5 future land use categories, 40 the PUD may encompass one or more non-contiguous properties. All of the properties that are 41 included within the PUD shall be considered together for purposes of calculating the maximum 42 allowable density and shall be governed by a single authorizing resolution. Packet Pg. 274 8.A.3.b File No.: FLUMA-320134609 Page 6 1 Any planned development project developed within the AG-5 and AG-2.5 future land use 2 categories in excess of 400 units shall be required to employ proven innovative planning 3 techniques to reduce the cost of providing public services to the proposed development. Such 4 techniques may include, but are not limited to, providing for a mix of uses consistent with the 5 scope and scale of the development and paying appropriate impact fees or assessments to 6 offset the cost of providing public services. 7 8 Policy 1.1.4.11 - Calculate gross residential density on lands that lie above the mean high water 9 elevation and provide for the ability to transfer andIer Gluster residential density from wetland 10 and other sensitive or unique environmental habitats to upland areas on contiguous property or 11 non-contiguous property. 12 13 Policy 1.1.7.1 — Continue to encourage the use of GIUSteF h^61GiRg and planned development 14 techniques to conserve open space and environmentally sensitive areas, through the County's 15 Land Development Code which shall include: 16 a. Minimum acreage requirements necessary to support a viable mixed use community 17 providing sufficient design flexibility to allow innovation and creativity in all forms of 18 planned unit developments; 19 b. Minimum open space ratios of 35 percent in all planned developments and including 20 assurances that such areas will remain as open space to protect existing native habitat, 21 to provide for minimum setback needs from adjacent uses, and to provide active and 22 passive recreational as well as visual amenities; 23 c. Provisions ensuring the long term preservation of remaining open spaces; 24 d. A mixed use district combining residential, commercial, recreational, educational, and 25 other income producing uses providing significant functional and physical integration 26 among uses; 27 e. Minimum standards for the provision of on -site shopping, job opportunities and 28 internal trip capture; and, 29 f. Specific requirements to provide efficient, centralized infrastructure (potable water and 30 sanitary sewer). Include specific restrictions on the use of septic tanks, individual wells, 31 and package plants in planned unit developments. 32 g. Development consistent with the Towns, Villages and Countryside Element and the 33 Transfer of Development Rights Program outlined under Objective 11.1.7. 34 Policy 1.4.1.3 — Consider amending the OempreheRs%e PIaR Land Development Code to be 35 ee►}s+stept with +�esternLands Study, whinh�OR`+ de a allow the transfer of 36 development rights pFegFam among other planning and development tools, to be considered for 37 approval by the Board of County Commissioners. 38 39 Policy 1.4.1.5 — Consider including strategies in the Land Development Code for agricultural 40 lands tobe GGnsideFed in the Westem Land Study include targeting agricultural industries and 41 activities that 42 . support bio-fuel production, 43 • promote agri-tourism, eco-tourism, 44 • promote/support local food marketing and branding, and 45 • promote mass stormwater farming, storage and treatment,. Packet Pg. 275 8.A.3.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 File No.: FLUMA-320134609 Page 7 r�ersr_*r_r.�:n�nnr :r_rs�:r. Policy 6.1.8.5 - €XGerms-P, Vided f„r it PeliGy 2 of the Future La,,d Use =TeMeRt-,-QAI1 lands within development sites proposed as conservation and open space areas shall be maintained held in ciRgle E)WRership by a hGMeG Rers aSSGGiatir,n or ether or,+i+„ one or more legal entities approved by the County Attorney that will be responsible for the perpetual maintenance of the conservation or open space area. EXGept as provided f^r in Dr,lir„ 1.1.2.3 ^f i tiliZed W moo+ the MiRiM M let oiZ- roivi iirom-RtS Packet Pg. 276 8.A.4 ITEM NO. ORD-2013-37 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Britton Wilson, Senior Planner DATE: 08/06/2013 *PUBLIC HEARINGS SUBMITTED BY: Planning Division SUBJECT: ORDINANCE - Land Development Code text amendment to revise regulations related to residential development in AG-5 and AG- 2.5 - Final Adoption Hearing - Legislative Public Hearing BACKGROUND: This is the final adoption hearing for a County -initiated text amendment to the Land Development Code (LDC). These proposed amendments to the County's LDC and Comprehensive Plan are the first step in revising the local regulations that govern residential development in the agricultural lands of St. Lucie County subsequent to the Board's acceptance of the Western Lands Study. These revisions are intended to clarify and simplify the calculation of open space and the process by which residential development is reviewed and permitted on land designated AG-5 or AG-2.5 on the Future Land Use Map and Zoning Atlas. The draft ordinance included with this agenda item contains the revised code language that staff recommends and is supported by the stakeholders in the Western Lands area. The proposed text amendments to the LDC follow through with the proposed amendments to delete the current Comprehensive Plan policy language requiring large percentages of open space by deleting the associated LDC citations within the Open Space Standards that speak to PUDs proposed in any Agricultural Future Land Use Category. PREVIOUS ACTION: On February 26, 2013, staff presented a Western Lands status update at a Board of County Commissioners Informal Meeting. At this meeting, staff indicated that a number of meetings with representatives of the Western Lands property owners and stakeholders have occurred since the BOCC accepted the Western Lands Study: Vision and Plan on September 18, 2012. The purpose of these meetings was to develop a resolution to the open space issue that was one of the driving forces for the study. On April 18, 2013, the Planning and Zoning Commission reviewed the proposed amendments and unanimously voted to forward a recommendation of approval to the Board of County Commissioners. Mr. Charles Grande added the following two comments to his motion that did not pass: 1. In Section 7.01.03.I.1.a, "stormwater treatment areas" should be changed to "stormwater retention areas" so as to not confuse the inclusion of massive Packet Pg. 277 8.A.4 comprehensive treatment systems with residential retention systems that are included in open space areas. Staff has no objection to this so this change has been reflected in the revised ordinance. 2. A 1-acre lot minimum should be required in agricultural area to avoid the County having to provide water and wastewater services in these areas. Other members of the Planning and Zoning Commission did not share this concern and in staff's analysis this may be an unnecessary requirement that limits the vision of future development and overlaps with the oversight of other departments. Under the current Comprehensive Plan the County is not mandated to provide urban services outside the Urban Service Boundary so staff sees no potential liability to the County. This change was not included in the proposed ordinance. On May 21, 2013, the Board held the first of two required public hearings on the proposed text amendment to the Land Development Code. FINANCIAL IMPACT: N/A RECOMMENDATION: Board adoption of the amending Ordinance approving text amendments to the Land Development Code regarding residential development in AG-5 and AG-2.5. COMMISSION ACTION: Coordination/Signatures M�r]k t rl e, Platfning & t3 v irecto 7/24/2013 s �anio S. McIntyre,, 'out Attorney 7/24/2013 Updated: 7/24/2013 9:10 AM by Leslie Olson Page 2 Packet Pg. 278 ITEM NO. 8.A.4.a III-D GLINT a R I D A AGENDA REQUEST DATE: REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT 04/18/13 N N TO: PLANNING AND ZONING COMMISSION PRESENTED BY: Britton Wilson SUBMITTED BY: Planning and Development Services Senior Planne� Department — Planning Division SUBJECT: Land Development Code text amendment to revise regulations related to residential development in areas designated AG-5 and AG-2.5. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the amending Ordinance be forwarded to the Board of County Commissioners with a recommendation for approval. COORDINATION/SIGNATURES County Attorney (X) County Surveyor ( ) Daniel S. Mclntyre County Engineer ( ) ERD ( ) Michael Powley Originating Dept. (X ) Mark Satteriee Ron Harris Karen Smith Packet Pg. 279 8.A.4.a a CO UNTY=' F L 0 R 1 D A Planning and Development Services Department Planning Division MEMORANDUM TO: Planning and Zoning Commission THROUGH: Mark Satterlee, AICP, Planning & Development Services Director Leslie Olson, Planning Manager/ FROM: Britton DeWitt, Senior Planner / ?l Kara Wood, Planning Consultant DATE: April 18, 2013 SUBJECT: Land Development Code text amendment to revise regulations related to residential development in areas designated AG-5 and AG-2.5. ITEM NO. III-D This is a County -initiated text amendment to the Land Development Code (LDC) related to residential development of agricultural lands designated AG-5 and AG-2.5 on the County's Future Land Use Map. This item is associated with item III-C text amendments to the Comprehensive Plan. BACKGROUND: The proposed Land Development Code text amendments related to the development of agricultural land in St. Lucie County contained in the attached Ordinance has a long history, the understanding of which is critical to providing context to the subject application. Since this history spans many years and various points of view, it is inevitable that interpretations of the story will differ, but the best attempt is made to summarize the salient highlights of the progress of this issue. How residential development is permitted to occur on land designated AG-5 or AG-2.5 on the Future Land Use Map is outlined in the Future Land Use Element through establishing open space standards, which vary depending upon the size of land and number of lots being developed. The open space standards, specifically those outlined in Policies 1.1.2.2 and 1.1.2.3, lack clarity, as exemplified by the various ways the standards have been implemented, especially over the last six years. In 2006, an application was submitted to the County for development of Shinn Lakes, consisting of 76 lots on 382 acres with a change in zoning from AG-5 to PUD. The site plan associated with the application was designed according to one interpretation of Policies 1.1.2.2 and 1.1.2.3 which requires that 80% of the site be dedicated to open space. Because the open space definition in the Comprehensive Plan is unclear, the original site plan included open space within the yard areas of the private lots. When the Board of County Commissioners reviewed the application, the determination was made that open space allocation was to remain outside private yard areas and be included as common open space. This official Packet Pg. 280 8.A.4.a Planning and Zoning Commission Western Lands LDC Text Amendments April 18, 2013 Page 2 interpretation on the implementation of this guiding language was then verified to County Planning staff in August 2007 through a memorandum from the County Administrator and the County Attorney. The determination that the 80% open space requirement be identified as common and outside of private lots was a departure from prior implementation of Policies 1.1.2.2 and 1.1.2.3 and created significant consternation on the part of many private landowners — so significant that class action lawsuits and Bert Harris claims were filed in 2007 and 2012, all of which are still pending resolution based on the outcome of the subject amendments. Despite some attempts from the landowners in June 2008 to propose Comprehensive Plan amendments that would from their perspective solve the concerns outlined in the pending litigation, no compromise was reached and a more thorough process was needed to resolve the differing points of view between the County and the landowners that existed at the time. Starting in early 2009, the County invested in a comprehensive study of the approximately 200,000 acres Western Lands in an attempt to fully understand the current nature of agriculture in this area as well as the potential implications of and impacts to the County if this land should develop according to its full residential potential in future years. In May 2011 the Western Lands Study: Vision and Plan outlined the results of this two-year effort and included a host of recommendations for amendments to the Comprehensive Plan, both in terms of future residential development of the area as well as strategies for supporting continued agricultural uses. Because some of the agricultural landowners have expressed concern over many of the development -related recommendations contained in the Western Lands report, the currently proposed regulatory amendments focus only on the broader policies that govern how residential development is to occur and how open space in planned developments is defined. Staff will continue to coordinate with stakeholders to further define parameters for large-scale residential development that will result in a future phase of amendments. Staff will also be drafting Land Development Code amendments to assist with the establishment and expansion of agriculture -related business, creating development standards and a new list of uses that is more appropriate to agricultural zoning than to urban areas. Staff presented a Western Lands status update to the Board at the February 26, 2013 Informal Meeting. At the Informal meeting staff indicated that a number of meetings with representatives of the Western Lands property owners and stakeholders have occurred since the BOCC accepted the Western Lands Study: Vision and Plan on September 18, 2012. The purpose of the meetings was to develop a resolution to the open space issue that was one of the driving forces for the study. Several lawsuits and Bert Harris claims remain unresolved and the Board, staff and property owners/stakeholders agreed upon Plan acceptance to focus on resolving the open space issue prior to proceeding with other aspects of the plan. The draft ordinance included with this agenda item contains the revised code language that staff recommends and is supported by the stakeholders in the Western Lands area. The proposed text amendments to the LDC follow through with the proposed amendments to delete the current Comprehensive Plan policy language requiring large percentages of open space by deleting the associated LDC citations within the Open Space Standards that speak to PUDs proposed in any Agricultural Future Land Use Category. Packet Pg. 281 8.A.4.a Planning and Zoning Commission Western Lands LDC Text Amendments April 18, 2013 Page 3 STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for a text amendment to the Land Development Code, the Board of County Commissioners shall consider and make the following determinations: 1. Whether the proposed amendment is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed text amendment to the Land Development Code pertains to Section 7.01.03 — Standards and Requirements for Planning Unit Developments (PUD). It proposes to delete subsection 2 that speaks to the opens space requirements for proposed PUDs in any Agricultural Future Land Use Category. This proposed deletion is not in conflict with any applicable portions of the St. Lucie County Land Development Code. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; This text amendment to the Land Development Code is being proposed in concert with an amendment to the Comprehensive Plan (see item III-C). The proposed text amendments to the LDC follow through with the proposed amendments to delete the current Comprehensive Plan policy language requiring large percentages of open space by deleting the associated LDC citations within the Open Space Standards that speak to PUDs proposed in any Agricultural Future Land Use Category. If the proposed text amendment to the Comprehensive Plan is adopted, the proposed text amendment to the LDC will be consistent with all elements of the Comprehensive Plan. 3. Whether and the extent to which the proposed amendment is inconsistent with the existing and proposed land uses; The proposed text amendment to the Land Development Code to amend Section 7.01.03 is not inconsistent with any existing or proposed land uses. 4. Whether there have been changed conditions that require an amendment; The proposed text amendment is associated with proposed amendments to the Comprehensive Plan that propose to change Open Space requirements for PUDs proposed on lands designated AG-5 and AG-2.5 on the Future Land Use Map. If the proposed text amendment to the Comprehensive Plan is adopted, the proposed text amendment to the LDC will be requirement of a changed condition. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; No significant impacts are anticipated since no increases in densities or intensities are associated with the proposed amendments. Staff recommendation for the associated Comprehensive Plan text amendments includes additional language to address large-scale residential development as discussed in the III-C agenda item. Packet Pg. 282 8.A.4.a Planning and Zoning Commission Western Lands LDC Text Amendments April 18, 2013 Page 4 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; No amendments to the environmental standards are being proposed. Planned Unit Developments will still require site plan submittal and impacts to the natural environment would be addressed during site plan review. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative effects of such patterns; Staff's analysis indicates that the proposed text amendment to the Land Development Code to amend the requirements for open space standards would not result in in any negative effects on existing development patterns. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this code; The proposed amendment is not in conflict with the public interest and is in harmony with the purpose and intent of this code. Analysis Summary: Staff's analysis indicates that the proposed amendments are consistent with the St. Lucie County Comprehensive Plan and the Land Development Code and will further Objective 1.4.1 by creating a sustainable plan for the County's western lands. RECOMMENDATION: Staff recommends that the amending Ordinance be forwarded to the Board of County Commissioners with a recommendation for approval. ATTACHMENTS: • Draft Ordinance updating the Land Development Code • Adopted Land Development Code Sections Packet Pg. 283 8.A.4.a Planning and Zoning Commission Western Lands LDC Text Amendments April 18, 2013 Page 5 Suggested motion to recommend approval/denial of this request: MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE THE PROPOSED ORDINANCE AMENDING THE LAND DEVELOPMENT CODE AS IT PERTAINS TO RESIDENTIAL DEVELOPMENT OF AGRICULTURAL LANDS BECAUSE.... [CITE REASON(S) WHY — PLEASE BE SPECIFIC] u[4119[0Lrr0l9121101 l AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND II:/_�aI:I��M11111,1111,1y1211111100i111►11pZ6]0KKi1§101WMIKO]►TAI►VAI&�y[9]0I21:4yQ21►1'1 THE PROPOSED ORDINANCE AMENDING THE LAND DEVELOPMENT CODE AS IT PERTAINS TO RESIDENTIAL DEVELOPMENT OF AGRICULTURAL LANDS BECAUSE.... [CITE REASON(S) WHY — PLEASE BE SPECIFIC] Packet Pg. 284 8.A.4.a 1 2 ORDINANCE FILE NO.: TLDC - 320134610 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE TO RESOLVE THE RESIDENTIAL OPEN SPACE ISSUE IN THE AGRICULTURAL AREAS OF WESTERN ST. LUCIE COUNTY; REVISING SECTION 7.01.03 STANDARDS AND REQUIREMENTS. PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. This Board is authorized by Section 125.01(1)(h), Florida Statutes to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and, 2. This Board is authorized by Section 125.01(1)(t) to adopt ordinances and resolutions necessary for the exercise of its powers and to prescribe fines and penalties for the violations of ordinances in accordance with law. 3. On August 1, 1990 the Board of County Commissioners of St. Lucie County Florida adopted the St. Lucie County Land Development Code. 4. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-003 March 14, 1991 91-009 May 14, 1991 91-021 November 7, 1991 92-017 June 2, 1992 93-001 February 16, 1993 93-003 February 16, 1993 93-005 May 25, 1993 93-006 May 25, 1993 93-007 May 25, 1993 94-007 June 22, 1994 94-018 August 16, 1994 94-021 August 16, 1994 95-001 January 10, 1995 96-010 August 6, 1996 97-001 March 4, 1997 97-009 October 7, 1997 97-003 September 2, 1997 99-001 February 2, 1999 99-002 April 6, 1999 99-003 August 17, 1999 99-004 August 17, 1999 9-005 July 20, 1999 99-005 July 20, 1999 99-015 July 02, 1999 99-016 September 7, 1999 99-017 September 7, 1999 99-018 November 2, 1999 00-010 June 13, 2000 00-011 June 13, 2000 00-012 June 13, 2000 00-013 June 13, 2000 01-003 December 18, 2001 Packet Pg. 285 8.A.4.a 3 4 5 6 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 02-005 June 24, 2002 02-020 October 15, 2002 03-005 October 7, 2003 04-007 April 20, 2004 05-001 March 15, 2005 05-004 August 2, 2005 05-013 November 8, 2005 05-023 September 20, 2005 06-013 June 6, 2006 06-017 May 30, 2006 06-030 September 12, 2006 07-011 February 6, 2007 07-018 December 18, 2007 07-041 September 4, 2007 08-008 June 17, 2008 08-025 September 14, 2008 09-007 September 1, 2009 09-013 May 5, 2009 10-003 February 2, 2010 10-034 November 9, 2010 11-005 February 1, 2011 11-015 April 19, 2011 11-021 August 2, 2011 12-003 May 15, 2012 12-008 March 20, 2012 12-014 October 3, 2012 13-007 March 5, 2013 File No.: TLDC - 320134610 Page 2 02-009 March 5, 2002 02-029 October 15, 2002 04-002 January 20, 2004 04-033 December 7, 2005 05-003 August 2, 2005 05-007 January 18, 2005 05-016 August 16, 2005 06-005 April 18, 2006 06-022 July 18, 2006 06-018 May 30, 2006 06-047 December 5, 2006 07-015 May 1, 2007 07-032 November 6, 2007 08-004 March 11, 2008 08-012 September 12, 2008 09-003 January 20, 2009 09-012 May 19, 2009 09-025 October 6, 2009 10-026 September 7, 2010 10-036 December 21, 2010 11-012 August 2, 2011 11-017 June 21, 2011 12-002 March 20, 2012 12-004 February 7, 2012 12-010 February 14, 2012 12-013 December 4, 2012 5. On April 18, 2013, the Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 6. On , this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days in advance. 7. On , this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days in advance. 8. The proposed amendment to the St. Lucie County Land Development Code is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and is in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. Packet Pg. 286 8.A.4.a File No.: TLDC - 320134610 Page 3 1 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie 2 County, Florida: 3 4 A. The specific amendment to the St. Lucie County Land Development Code to read 5 as follows in underline format: 6 7 7.01.03. - Standards and Requirements. 8 Standards and requirements for a Planned Unit Development shall be as follows: 9 A. Minimum Size. A Planned Unit Development shall be a minimum of five (5) contiguous acres 10 of land under common ownership or control. Non-contiguous parcels can also be included in the 11 PUD aoolication for the Durnose of transferrina densitv into the developed area. 12 ... 13 I. Open Space Standards. 14 1. A Planned Unit Development that is proposed in any Agricultural, Residential, Conservation, 15 Special District or Mixed Use Future Land Use Category shall conform to the following open 16 space standards: 17 a. A minimum of thirty-five percent (35%) of the gross area of land to be committed to a Planned 18 Unit Development must be for use as common open space, which may include, parks, recreation 19 areas, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common open 20 space, common landscaping and planting areas, stormwater treatment areas, or other areas of 21 public purpose or use. Common open space may not include ether than street, road or drainage 22 rights -of -way, above ground utilities, eXGl ding stormwater treatment fadlitie and or parking 23 areas. 24 A minimum of fifteen percent (15%) of any existing native upland habitat on the property must be 25 preserved in its natural condition as part of the required thirty-five percent (35%) common open 26 space. For each acre of preserved native habitat above the required minimum fifteen percent 27 (15%) that is preserved in its original state, credit shall be given at a rate of one hundred fifty 28 percent (150%) per acre towards the remaining common open space requirement. 29 All areas to be dedicated for common open space shall be identified as part of the Preliminary 30 Development Plan for the Planned Unit Development. Areas that are floodways, lakes, wetlands, 31 and stormwater retention areas may be applied to satisfy the total common open space 32 requirement, subject to the requirement that fifteen percent (15%) of any existing native habitat 33 on the property must be included as part of the required thirty-five percent (35%) common open 34 space. As part of the Final Planned Unit Development submission process, the developer or 35 petitioner for the Planned Unit Development shall provide for one (1) of the following: 36 1. The advance dedication of all common open space to a public, or acceptable private, 37 agency that will, upon acceptance, agree to maintain the common open space and any 38 buildings, structures or improvements that have been placed on it. All such dedications or Packet Pg. 287 8.A.4.a 4 5 6 7 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 File No.: TLDC - 320134610 Page 4 conveyances shall be completed prior to the issuance of any building permits, including land clearing, for any portion of the Planned Unit Development; or 2. A phased conveyance of the land to a public or acceptable private agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. The schedule for the phased conveyance of any such lands to be used for common open space shall be a specific condition of approval for the Planned Unit Development. 3. The identification of restrictive easement or plat dedication that would serve to create a perpetual conservation or use restriction easement over those portions of the properties that are to be kept as open space meeting the requirements of this section. b. No parcel of land identified for use as a park or common open space shall be less than one (1) contiguous acre, and all such areas shall be physically part of the Planned Unit Development. c. Areas provided or reserved to meet any other environmental preservation or protection requirement of this code or other lawful regulatory authority may be counted towards the overall common open space requirement, provided that the common open space meets the requirements of this Code. eim ■_ _. _.. ffil IN .0% preserved r .0% .0 Packet Pg. 288 8.A.4.a 3 4 5 6 7 N. 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 File No.: TLDC - 320134610 Page 5 l ZEN_ ■_ ■_ K. Development Design. Planned Unit Developments in all Future Land Use Categories are required to design the project in a G'�,�a manner to avoid, to the extent reasonable. impacts to wetlands. native veaetative communities and protected species habitats. Packet Pg. 289 8.A.4.a File No.: TLDC - 320134610 Page 6 B. CONFLICTING PROVISIONS Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this Ordinance to the extent of such conflict. C. SEVERABILITY If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstance. D. APPLICABILITY OF ORDINANCE This Ordinance shall be applicable in the unincorporated area of St. Lucie County. E. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. F. EFFECTIVE DATE This ordinance shall take effect upon filing with the Department of State. G. ADOPTION After motion and second, the vote on this Ordinance was as follows: Tod Mowery, Chairman XXX Frannie Hutchinson, Vice -Chair XXX Chris Dzadovsky, Commissioner XXX Paula Lewis, Commissioner XXX Kim Johnson, Commissioner XXX PASSED AND DULY ADOPTED this 2013 Packet Pg. 290 8.A.4.a ATTEST: 3 4 5 6 Deputy Clerk 8 9 10 11 12 13 14 15 File No.: TLDC - 320134610 Page 7 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA xw Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Packet Pg. 291 Municode Page I of 7 8.A.4.a 7.01.03. - Standards and Requirements. Standards and requirements for a Planned Unit Development shall be as follows: A. Minimum Size. A Planned Unit Development shall be a minimum of five (5) contiguous acres of land under common ownership or control. B. Density. The maximum possible permitted density of a Planned Unit Development shall not exceed the density reflected in the Future Land Use Maps of the Comprehensive Plan. On North and South Hutchinson Island, the provisions of Section 3.01.03(AA)(8) shall govern. C• Area, Yard, and Height Requirements. Area, yard, and height requirements shall be determined at the time of Preliminary and Final Development Plan approval, except that for any structure on North or South Hutchinson Island that has not been occupied, constructed, or has not received a building permit, site plan or other County development approval as a permitted use prior to January 10, 1995 the requirements of Section 4.01.00, Hutchinson Island - Building Height Overlay Zone shall apply. D. Public Facilities. The Planned Unit Development shall be designed and located so there will be no net public cost for the provision of water lines, sewage lines, storm and surface drainage systems, and other utility systems. 2. The minimum size of all water mains used, or intended for use, in fire protection activities is six (6) inches. Actual water main requirements will be determined by the St. Lucie County -Ft. Pierce Fire Prevention Bureau. 3• The minimum size of all water mains used, or intended for use, in fire protection activities, that are located on a dead-end water main is eight (8) inches. Actual water main requirements will be determined by the St. Lucie County -Ft. Pierce Fire Prevention Bureau. The maximum number of fire hydrants that may be located on any dead end water main is one (1). 4. Fire hydrants shall be provided at a minimum spacing of one (1) every six hundred (600) feet unless otherwise approved by the St. Lucie County -Ft. Pierce Fire Prevention Bureau. E. Traffic and Pedestrian Circulation. 1 • Every dwelling unit, or other use permitted in the Planned Unit Development shall have access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 2. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movement and minimum hazards to vehicular or pedestrian traffic. Minor streets within the Planned Unit Development shall not be connected to streets outside the development so as to encourage their use by through traffic. 3• The proposed Planned Unit Development shall be designed so that it will not create traffic congestion on the arterial and collector roads surrounding the m E project, or such surrounding collector or arterial roads shall be improved so that they will not be adversely affected. r 4. Q Packet Pg. 292 http://library.municode.com/print.aspx?h=&clientID=14641&HTMRequest http%3a%2f%... 4/4/2013 Municode Page 2 of 7 8.A.4.a All non-residential land uses within the Planned Unit Development shall have direct access to a collector or arterial street without creating traffic hazards or congestion on any street. 5. Streets in a Planned Unit Development may be dedicated to public use or retained under private ownership. Said streets and associated improvements shall comply with all pertinent County regulations and ordinances, however, variations to the standard minimum right-of-way widths may be considered as part of the Planned Unit Development if it is shown to the satisfaction of the Board of County Commissioners, that the requested variation is consistent with the intent of the County's roadway construction standards and necessary for the design of the Planned Unit Development. 6. All roads and streets shall intersect at an approximate 5° angle of ninety (90) degrees unless circumstances acceptable to St. Lucie County indicate a need for a lesser angle of intersection. 7. Street jogs or centerline offsets between any local street or road with another local street or road, shall be no less than one hundred fifty (150) feet. 8. The intersection of any two (2) local roads or streets with a Major Collector or Arterial Roadway shall be separated by a minimum distance of six hundred sixty (660) feet, as measured from centerline to centerline. 9• Permanent dead-end streets shall not exceed one thousand (1,000) feet in length. Cul-de-sacs shall be provided at the end of all dead end roads or streets greater than five hundred one (501) feet in length. The length of a dead- end street shall be measured along the centerline of the street from its point of perpendicular intersection with the centerline of intersecting street to the end of the dead-end street or roadway. All cul-de-sacs shall have a minimum right-of- way diameter of one hundred (100) feet. If the dead end roadway is five hundred (500) feet or less in length, a "Y" or "T" type of turn around may be approved. If a dead end street is temporary in nature then a temporary cul-de-sac shall be required until the roadway is connected to another street or road. In the center of the cul-de-sac an unpaved island, surrounded by a curb, improved with grass and landscaping that will not interfere with sight distance, may be provided. Center islands shall have a diameter of not less than seventeen (17) feet, unless otherwise approved through the review of the Planned Unit Development. 10. All roadways, exclusive of interior parking and access aisles areas, regardless of ownership, shall be located a minimum of ten (10) feet from any exterior building walls, except for security gate houses or similar security structures located in a private street or road right-of-way. 11. Any pedestrian circulation system and its related walkways shall be insulated from the vehicular street system. This shall include, when deemed to be necessary by the Board of County Commissioners, pedestrian underpasses or overpasses in the vicinity of playgrounds and other recreation areas, local shopping areas, and other neighborhood uses which generate a considerable amount of pedestrian traffic. 12. Access points on all collector or arterial streets serving a Planned Unit Development shall be located and spaced so that traffic moving into and out of the arterial streets do not cause traffic congestion. Packet Pg. 293 http://library.municode.com/print.aspx?h &clientID=14641&HTMRequest http%3a%21%... 4/4/2013 Municode Page 3 of 7 8.A.4.a F. Parking and Loading. 1 • General Provisions. a. The number, type, and location of parking spaces shall be determined at the time of final Planned Unit Development plan approval. The determination of the number of spaces required shall be based on Section 7.06.01(F) of this Code. The number of parking spaces required by this section may be reduced based on substantial competent evidence that the reduced number of spaces is adequate for the proposed use or that parking may be shared by proximate uses that operate at different times or on different days. b• Reserved parking spaces may be provided, in lieu of paved spaces, subject to Section 7.06.02(C) of this Code. 2. Off Street Parking and Loading. Off-street parking and loading requirements are governed by Sections 7.06.02 and 7.06.03 of this Code, and the following standards: a. Off-street parking and loading areas shall be designed to provide travelways between adjacent uses while discouraging through traffic. b• Off-street parking and loading areas shall be screened from adjacent roads and pedestrian walkways with hedges, dense planting, or changes in grades or walls. 3. On Street Parking. In Planned Unit Developments, on street parking may be used so long as the road on which the on -street parking is proposed lies entirely within the limits of the defined Planned Unit Development and such parking would not contravene any other provision of this Code or the St. Lucie County Code of Ordinances. Where such on street parking and loading is used, it shall be consistent with the following design standards: a. The minimum size of a parking stall shall be as follows: parallel 8 feet x 23 feet angled 10 feet x 18 feet handicapped (parallel) 12 feet x 23 feet handicapped (angled) 12 feet x 18 feet b• Handicapped parking spaces shall be appropriately marked. C. Access for emergency fire vehicles shall be in accordance with NFPA standards. o• No more than fifteen (15) parking spaces shall be permitted in a continuous row without being interrupted by a minimum landscape area of three hundred sixty (360) square feet. G. Lighting. All lighting facilities shall be arranged in such a manner so as to prevent direct glare or hazardous interference of any kind to adjoining streets or properties. H • Landscaping and Natural Features. Native trees and vegetation and other natural features shall be preserved to the extent practicable. 2. All sensitive environmental vegetation, trees and areas shall be preserved to the extent practicable. 3. Landscaping for off-street parking and loading areas shall meet the minimum U requirements of Section 7.09.00 r 1. Q Packet Pg. 294 http://library.municode.com/print.aspx?h=&clientID=14641&HTMRequest http%3a%2f%... 4/4/2013 Municode Page 4 of 7 8.A.4.a Open Space Standards. A Planned Unit Development that is proposed in any Residential, Conservation, Special District or Mixed Use Future Land Use Category shall conform to the following open space standards: a• A minimum of thirty-five percent (35%) of the gross area of land to be committed to a Planned Unit Development must be for use as common open space, which may include, parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common open space, common landscaping and planting areas, or other areas of public purpose or use other than street, road or drainage rights -of -way, above ground utilities, excluding stormwater treatment facilities, and parking areas. A minimum of fifteen percent (15%) of any existing native upland habitat on the property must be preserved in its natural condition as part of the required thirty-five percent (35%) common open space. For each acre of preserved native habitat above the required minimum fifteen percent (15%) that is preserved in its original state, credit shall be given at a rate of one hundred fifty percent (150%) per acre towards the remaining common open space requirement. All areas to be dedicated for common open space shall be identified as part of the Preliminary Development Plan for the Planned Unit Development. Areas that are floodways, lakes, wetlands, and stormwater retention areas may be applied to satisfy the total common open space requirement, subject to the requirement that fifteen percent (15%) of any existing native habitat on the property must be included as part of the required thirty-five percent (35%) common open space. As part of the Final Planned Unit Development submission process, the developer or petitioner for the Planned Unit Development shall provide for one (1) of the following: 1 • The advance dedication of all common open space to a public, or acceptable private, agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. All such dedications or conveyances shall be completed prior to the issuance of any building permits, including land clearing, for any portion of the Planned Unit Development; or 2. A phased conveyance of the land to a public or acceptable private agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. The schedule for the phased conveyance of any such lands to be used for common open space shall be a specific condition of approval for the Planned Unit Development. b. No parcel of land identified for use as a park or common open space shall be less than one (1) contiguous acre, and all such areas shall be physically part of the Planned Unit Development. C. Areas provided or reserved to meet any other environmental preservation or protection requirement of this code or other lawful Packet Pg. 295 http://library.municode.com/print.aspx?h=&clientID=14641&HTMRequest http%3a%2f%... 4/4/2013 Municode Page 5 of 7 8.A.4.a 2. regulatory authority may be counted towards the overall common open space requirement, provided that the common open space meets the requirements of this Code. A Planned Unit Development that is proposed in any Agricultural Future Land Use Category shall conform to the following open space standards: a. For any Planned Unit Development, equal to or less than one hundred sixty (160) acres in gross area and involving eight (8) or less lots or parcels, a minimum of fifty percent (50%) of the gross land area to be committed to the planned unit development must be for use as open space, of which thirty-five percent (35%) of the gross land area is to be retained as common open space. For the purpose of this paragraph, open space, in an agricultural PUD, including the required common open space, may include, parks, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common recreation areas, common open space, common landscaping and planting areas, pastures and productive agricultural areas which may be held in either common interest, individual interest, or other areas of public purpose or use other than street, road or drainage rights -of -way, common parking areas and above ground utilities, excluding stormwater treatment facilities. For any Planned Unit Development, greater than one hundred sixty (160) acres in gross area or eight (8) divisions, a minimum of eighty percent (80%) of the gross land area to be committed to the planned unit development must be for use as open space, of which a minimum of thirty-five percent (35%) of the gross land area is to be retained as common open space which may include, parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common open space, common landscaping and planting areas, or other areas of public purpose or use other than street, road or drainage rights - of -way, above ground utilities, excluding stormwater treatment facilities, and parking areas. b• A minimum of fifty percent (50%) of any existing native upland habitat on the property, must be preserved in its natural condition as part of the required open space. For each acre of preserved native habitat above the required minimum fifty percent (50%) that is preserved in its original state, credit shall be given at a rate of one hundred fifty percent (150%) per acre towards the remaining open space requirement. C. All areas to be dedicated for open space shall be identified as part of the Preliminary Development Plan for the Planned Unit Development. Areas that are floodways, lakes, wetlands, and stormwater retention areas may be applied to satisfy the total open space requirement, subject to the requirement that fifty percent (50%) of any existing native habitat on the property must be included as part of the required eighty percent (80%) open space. As part of the Final Planned Unit Development submission process, the developer or petitioner for the Planned Unit Development shall provide for one (1) of the following: 1 The advance dedication of all open space to a public, or acceptable private, agency that will, upon acceptance, agree to maintain the open space and any buildings, structures or Packet Pg. 296 http://library.municode.com/print.aspx?h &clientID=14641&HTMRequest http%3a%2f%... 4/4/2013 Municode Page 6 of 7 8.A.4.a I:4 L improvements that have been placed on it. All such dedications or conveyances shall be completed prior to the issuance of any building permits, including land clearing, for any portion of the Planned Unit Development; or, 2. A phased conveyance of the land to a public or acceptable private agency that will, upon acceptance, agree to maintain the open space and any buildings, structures or improvements that have been placed on it. The schedule for the phased conveyance of any such lands to be used for open space shall be a specific condition of approval for the Planned Unit Development; or, :3. The identification of restrictive easement or plat dedication that would serve to create a perpetual conservation or use restriction easement over those portions of the properties that are to be kept as open space meeting the requirements of this section d• No parcel of land identified for use as a open space shall be less than one (1) contiguous acre, and all such areas shall be physically part of the Planned Unit Development. e• Areas provided or reserved to meet any other environmental preservation or protection requirement of this code or other lawful regulatory authority may be counted towards the overall open space requirement, provided that the open space meets the requirements of this Code. Setbacks from Agricultural Land. Planned Unit Developments adjacent to land used for agricultural purposes, or designated for agricultural use on the Future Land Use Map of the St. Lucie County Comprehensive Plan, shall provide setbacks from the agricultural land sufficient to protect the function and operation of those uses from the encroachment of Urban activities or uses. Clustering of Development. Planned Unit Developments in all Future Land Use Categories are required to design the project in a clustered manner. Planned Unit Developments in the Residential, Conservation, Special District or Mixed Use Future Land Use Categories are required to design the project in a clustered manner that will reduce the cost of required infrastructure, provide for large integrated common open space areas, and provide for reduced long term maintenance costs for the community. In the Agricultural Land Use Categories clustered development is intended to reduce the cost of required public infrastructure. Phasing. 1 A Planned Unit Development may be developed in more than one (1) stage or phase. 2. If a Final Development Site Plan approved by the Board of County Commissioners is to be developed in stages or phases, each successive phase shall be constructed and developed in a reasonably continuous fashion. No more than two (2) years shall elapse between the completion of any stage or phase, and the final stage or phase shall be completed within ten (10) years of the date of Final Development Site Plan approval. Extensions of the above requirements are subject to approval by the Board of County Commissioners. Unless otherwise amended by the Board of County Commissioners through the Packet Pg. 297 http://library.municode.com/print.aspx?h &clientID=14641&HTMRequest http%3a%21%... 4/4/2013 Municode Page 7 of 7 8.A.4.a Final Development Site Plan review process, the following sequence of development must be adhered to: a• One (1) or more major recreation facilities and other major amenities, planned to serve the entire development, shall be completed or adequate security posted prior to the issuance of building or mobile home permits of more than forty percent (40%), or other percentage as determined by the Board to be appropriate based on circumstances that include the size of the project and the proposed phasing schedule, of the total number of authorized dwelling units. Recreation facilities or facilities and other amenities planned to serve one (1) phase of a multi -phased development shall be completed or appropriate security posted prior to issuance of building or mobile home permits or the recording of any final plat within that phase. b. No commercial facility shall be permitted prior to the completion of at least forty percent (40%) of the total number of authorized dwelling units; and C. For Planned Unit Developments to be constructed in stages or phases, the net density of an individual stage or phase may vary from the approved Final Site Plan subject to the requirements in Section 11.02.05 Signs. 1 Signs within any Planned Unit Development, less than or equal to two hundred (200) acres in overall area, shall comply with the provisions of Chapter IX of this Code, provided however, that the Board of County Commissioners may condition approval of a Planned Unit Development upon compliance with more stringent sign regulations in order to ensure design consistency throughout the proposed development, to ensure compatibility with surrounding land uses, to ensure public safety and prevent public harm, and to ensure compliance with the St. Lucie County Comprehensive Plan. 2. Signs within any Planned Unit Development, greater than two hundred (200) acres in overall area may submit a general signage plan for the Planned Unit Development, as part of the Final Planned Unit Development Plan submissions. The general signage plan shall be based on the general dimension and size standards applicable to other similarly designated residential property; provided, however, that the Board of County Commissioners may condition approval of a Planned Unit Development upon compliance with more stringent sign regulations in order to ensure design consistency throughout the proposed development, to ensure compatibility with surrounding land uses, to ensure public safety and prevent public harm, and to ensure compliance with the St. Lucie County Comprehensive Plan. Packet Pg. 298 http://library.municode.com/print.aspx?h=&clientID=14641&HTMRequest http%3a%2f%... 4/4/2013 8.A.4.b 1 2 ORDINANCE FILE NO.: TLDC - 320134610 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE TO RESOLVE THE RESIDENTIAL OPEN SPACE ISSUE IN THE AGRICULTURAL AREAS OF WESTERN ST. LUCIE COUNTY; REVISING SECTION 7.01.03 STANDARDS AND REQUIREMENTS. PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. This Board is authorized by Section 125.01(1)(h), Florida Statutes to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and, 2. This Board is authorized by Section 125.01(1)(t) to adopt ordinances and resolutions necessary for the exercise of its powers and to prescribe fines and penalties for the violations of ordinances in accordance with law. 3. On August 1, 1990 the Board of County Commissioners of St. Lucie County Florida adopted the St. Lucie County Land Development Code. 4. On April 18, 2013, the Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 5. On May 21, 2013 this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days in advance. 6. On August 6, 2013, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days in advance. 7. The proposed amendment to the St. Lucie County Land Development Code is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and is in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. Packet Pg. 299 8.A.4.b 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 File No.: TLDC - 320134610 Page 2 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. The specific amendment to the St. Lucie County Land Development Code to read as follows in underline format: 7.01.03. - Standards and Requirements. Standards and requirements for a Planned Unit Development shall be as follows: A. Minimum Size. A Planned Unit Development shall be a minimum of five (5) contiguous acres of land under common ownership or control. Non-contiguous parcels can also be included in the PUD application for the purpose of transferring density into the developed area. I. Open Space Standards. 1. A Planned Unit Development that is proposed in any Agricultural, Residential, Conservation, Special District or Mixed Use Future Land Use Category shall conform to the following open space standards: a. A minimum of thirty-five percent (35%) of the gross area of land to be committed to a Planned Unit Development must be for use as common open space, which may include, parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common open space, common landscaping and planting areas, stormwater retention areas, or other areas of public purpose or use. Common open space may not include ether than street, road or drainage rights -of -way, above ground utilities, eXGlur ing stormwater treatmeRt faGilitie apA or parking areas. A minimum of fifteen percent (15%) of any existing native upland habitat on the property must be preserved in its natural condition as part of the required thirty-five percent (35%) common open space. For each acre of preserved native habitat above the required minimum fifteen percent (15%) that is preserved in its original state, credit shall be given at a rate of one hundred fifty percent (150%) per acre towards the remaining common open space requirement. All areas to be dedicated for common open space shall be identified as part of the Preliminary Development Plan for the Planned Unit Development. Areas that are floodways, lakes, wetlands, and stormwater retention areas may be applied to satisfy the total common open space requirement, subject to the requirement that fifteen percent (15%) of any existing native habitat on the property must be included as part of the required thirty-five percent (35%) common open space. As part of the Final Planned Unit Development submission process, the developer or petitioner for the Planned Unit Development shall provide for one (1) of the following: 1. The advance dedication of all common open space to a public, or acceptable private, agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. All such dedications or Packet Pg. 300 8.A.4.b 4 5 6 7 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 File No.: TLDC - 320134610 Page 3 conveyances shall be completed prior to the issuance of any building permits, including land clearing, for any portion of the Planned Unit Development; or 2. A phased conveyance of the land to a public or acceptable private agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. The schedule for the phased conveyance of any such lands to be used for common open space shall be a specific condition of approval for the Planned Unit Development. 3. The identification of restrictive easement or plat dedication that would serve to create a perpetual conservation or use restriction easement over those portions of the properties that are to be kept as open space meeting the requirements of this section. b. No parcel of land identified for use as a park or common open space shall be less than one (1) contiguous acre, and all such areas shall be physically part of the Planned Unit Development. c. Areas provided or reserved to meet any other environmental preservation or protection requirement of this code or other lawful regulatory authority may be counted towards the overall common open space requirement, provided that the common open space meets the requirements of this Code. eim ■_ _. _.. ffil IN .0% preserved r .0% .0 Packet Pg. 301 8.A.4.b 3 4 5 6 7 N. 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 File No.: TLDC - 320134610 Page 4 ZEN_ ■_ ■_ _ K. Development Design. Planned Unit Developments in all Future Land Use Categories are required to design the project in a G'�,�a manner to avoid, to the extent reasonable. impacts to wetlands. native veaetative communities and protected species habitats. Packet Pg. 302 8.A.4.b File No.: TLDC - 320134610 Page 5 B. CONFLICTING PROVISIONS Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this Ordinance to the extent of such conflict. C. SEVERABILITY If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstance. D. APPLICABILITY OF ORDINANCE This Ordinance shall be applicable in the unincorporated area of St. Lucie County. E. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. F. EFFECTIVE DATE This ordinance shall take effect upon filing with the Department of State. G. ADOPTION After motion and second, the vote on this Ordinance was as follows: Tod Mowery, Chairman XXX Frannie Hutchinson, Vice -Chair XXX Chris Dzadovsky, Commissioner XXX Paula Lewis, Commissioner XXX Kim Johnson, Commissioner XXX PASSED AND DULY ADOPTED this 6t" day of August, 2013 Packet Pg. 303 8.A.4.b ATTEST: 3 4 5 6 Deputy Clerk 8 9 10 11 12 13 14 15 File No.: TLDC - 320134610 Page 6 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA xw Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Packet Pg. 304 9.A.1 ITEM NO. (ID # 1325) 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: 08/06/2013 *REGULAR AGENDA SUBJECT: South 25th Street Right -of -Way - St. Lucie County vs. Long Term Finance and Development, LLC - Settlement BACKGROUND: In 2004, the County filed suit in eminent domain to acquire several parcels along South 25th in order to expand South 25th Street into its current configuration. All of the parcels were acquired including Parcel 100 on the northwest corner of South 25th and Midway Road. Parcel 100 is owned by Long Term Finance and Development, LLC ("Long Term Finance"). On October 26, 2004, the County entered into a Stipulated Order of Taking with Long Term Finance that allowed the County to acquire fee simple title to Parcel 100 under deposit of a good faith estimate of value by the County. On November 10, 2004 deposited the amount of $33,000.00 into the court registry. Since that time the County has been trying to achieve a final resolution of the value of Parcel 100. Settlement Proposal Recently, the principal of Long Term Finance proposed that the County and Long Term Finance settle the eminent domain case for $50,000.00 inclusive of fair market value of the property taken, severance damages, and all claims including attorney's fees and costs. Discussion After receiving the settlement proposal, staff contacted Daniel Fuller, MAI, the appraiser that performed the original review appraisal for the County and requested that he determine whether the proposed settlement amount is within an acceptable range of value for the property. Attached is a copy of a letter dated July 19, 2013 indicating that the proposed settlement is within an acceptable range of value. In addition as with any settlement offer, it is appropriate to look at the "best case - worst case" scenario if the settlement offer is not accepted. In the "best case" scenario the case would proceed to trial before a jury and a jury would accept the County's initial value of $33,000.00. Even in the best case scenario the County would be obligated to pay for the County's expert witness (appraisal and engineering) costs as well as costs and some attorney's fees incurred by Long Term Finance. It is likely that these cost (of the County and Long Term Finance) would exceed $25,000.00. In a "worst case" scenario, the jury would Packet Pg. 305 9.A.1 value the property at a number higher than $50,000.00. As with the "best case" scenario the County would be obligated to pay its expert witness costs as well as Long Term Finance's expert witness costs. In a worst case scenario the County would also have to pay increased attorneys fees amount because of the increase in value as well as pay interest on the amount over $33,000.00. It is likely that the amount would exceed $40,000.00. PREVIOUS ACTION: On November 10, 2004 deposited the amount of $33,000.00 into the court registry. Since that time the County has been trying to achieve a final resolution of the value of Parcel 100. FINANCIAL IMPACT: N/A RECOMMENDATION: Based on the discussion set out above, staff recommends that the Board approve the settlement proposal and authorize the County Attorney to enter into an appropriate Stipulated Final Judgment. COMMISSION ACTION: Coord i nation / Sig natures Danief S. McIntyre `ouT,ty Attorney 7/24/2013 Updated: 7/28/2013 12:54 PM by Shane A. De Witt Page 2 Packet Pg. 306 9.A.1.a Daniel D. Fuller, MAI, SRA 120 N. Second St. (772) 468-0787 State -Certified General Fort Pierce, FL 34950 1-800-273-7364 Real Estate Appraiser RZ567 FAW_app&ellsouth.net Fax (772) 468-1103 MEMO To: Daniel McIntyre, Esq., County Attorney From: Daniel Fuller, MAI Date: July 19, 2013 Re: SR 615 (NW corner Midway Rd. & S. 25th St.) Long Term Finance Mr. McIntyre, as requested, I re -read the appraisal completed by Daniel Deighan, MAI, as of September 20, 2004, for the partial acquisition of the referenced real estate, and my review assignment of the appraisal as of October 19, 2004, for the purpose of addressing the owner's request for compensation of $50,000 for the acquisition. While the appraiser concluded $33,000 as compensation, it appears the owner's > request for compensation of $50,000 is within the range of the data analyzed. 0 U m v J uO N M Packet Pg. 307 9.A.2 ITEM NO. (ID # 1467) 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: 08/06/2013 *REGULAR AGENDA SUBJECT: City of Port St. Lucie Proposed Annexation - Ordinance No. 13-16 - Settlement Offer BACKGROUND: In November 2012, the City of Port St. Lucie purchased approximately 3,100 acres in Western St. Lucie County known as the McCarty Ranch property to address the City's utility water supply needs in 2040. The existing uses of the property are vegetable crop farming, cattle grazing, a former coquina rock mine and conservation land. According to a City staff memorandum dated March 21, 2013 (copy attached, Exhibit 1) the City's future plans include water storage, a potable water treatment facility, a water recovery system and aquifer storage and recovery as well as recreational uses. The City filed a petition to voluntarily annex the McCarty Ranch parcel into the City. Pursuant to a Joint Planning Agreement between the County and the City, City staff notified County staff of the proposed annexation and the purposed adoption of City Ordinance No. 13-16, (copy attached, Exhibit 2). County staff responded to the notification of the proposed annexation in a letter dated April 19, 2013 from County Planning & Development Services Director Mark Satterlee, (copy attached, Exhibit 3). As indicated by Mr. Satterlee, County staff does not believe that the City's proposed annexation meets the requirements of state law. Specifically, County staff does not believe that the property is contiguous along a substantial part of its boundary. Rather, it is contiguous to the City only by a narrow strip of land extending eastward nearly a mile from the bulk of the parcel and touching the City limits along about 642 feet fronting on Rangeline Road. This amounts to less than 4% of the parcels overall north/south dimensions of 16,239 feet. In addition to the lack of contiguity, Mr. Satterlee also pointed out that the proposed annexation includes two long narrow appendages over a mile in length radiating out from the parcel which creates two large pockets of land surrounded by the City on three sides. From a County staff perspective this appears to be contrary to the definition of compactness in Florida law. On May 7, 2013, the Board initiated conflict resolution procedures provided by Chapter 164, Florida Statutes with the City by adopting Resolution No. 13-084, (copy attached, Exhibit 4). There are three stages to conflict resolution. The first stage is a conflict assessment meeting between the staffs of the governmental entities involved in the conflict process. The second stage is a joint public meeting between the governing bodies of the participating entities. The third and final stage is traditional mediation with an independent mediator. In this case, Packet Pg. 308 9.A.2 County and City staffs held a conflict assessment meeting on July 17. As a result of the July 17 conflict assessment meeting, City staff submitted some draft settlement language to County staff for consideration. A discussion of the draft settlement language is set out in the next section. The City has already adopted the proposed ordinance on first reading and, notwithstanding the fact that the conflict resolution process has not been completed, has scheduled a public hearing on Monday, August 12, 2013 to consider final adoption of the annexation ordinance. City's July 19, 2013 Settlement Offer: On July 19, 2013, the City Attorney sent a letter submitting proposed revisions to Section 4.1.1 of the Joint Planning Agreement that would govern future annexations by the City with particularity to annexations west of Rangeline Road. A copy of the July 19 letter with the draft revisions to the Joint Planning Agreement is attached as Exhibit 5. A summary of the proposed revisions follows: • The City expresses its intent not to involuntarily annex property in the future. • The City would notify County staff of a petition for voluntary annexation within 30 days of receipt of a petition. • The County would agree to provide any written comments it may have on the proposed annexation to the City at least 10 days prior to the first reading on the ordinance. • Any comments submitted by the County would be made part of the record. • In the event the County has objections to a proposed annexation, City staff and County staff shall meet within 10 days of the City's receipt of the written comments to discuss and consider the comments. • For the area west of Rangeline Road, the City will not increase the density or intensity of any land use designation or zoning over that which applied to the subject property under the County's comprehensive land use plan and zoning for a period of 5 years from approval of the petition for annexation except where used for providing utility by an existing utility. From a County staff perspective the City's proposed enhancements to the notification procedures in the Joint Planning Agreement are positive steps. Improved communication will almost certainly reduce the possibility of future conflict between the two entities. Although County staff is uncertain as to the enforceability of the proposed 5 year commitment not to increase density/intensity, the commitment is also a positive step. The County is in the process of reviewing its western lands strategy and could possibly coordinate these discussions with City staff. Those discussions could include the possible creation of a jobs/entertainment corridor in the future. The exception for utilities would allow an increase in intensity for the construction of infrastructure for the City utility system. Legal Analysis: Section §171.043, Florida Statutes, sets forth requirements for the annexation area, which must be demonstrated by the municipality. Specifically, §171.043(1), Florida Statutes, requires that the total area to be annexed must be contiguous to the municipality's boundaries at the time the annexation proceeding is begun and reasonably compact. For the purpose of annexation §171.031(11), Florida Statutes, defines the term "contiguous" to Updated: 8/1/2013 10:24 AM by Stephanie Bush Page 2 Packet Pg. 309 9.A.2 mean that: ....a substantial part of a boundary of the territory sought to be annexed by a municipality is co -terminus with part of the boundary of the municipality. The separation of the territory sought to be annexed from the annexing municipality by a publicly owned county park; a right-of-way for a highway, road, railroad, canal, or utility; or a body of water, watercourse, or other minor geographical division of a similar nature, running parallel with and between the territory sought be annexed and the annexing municipality, shall not prevent annexation under this act, provided the presence of such division does not, as a practical matter, prevent the territory sought to be annexed by the annexing municipality from becoming a unified whole with respect to municipal services or prevent there inhabitants from fully associating and trading with each other, socially and economically. However, nothing herein shall be construed to allow local rights -of -way, utility easements, railroad rights -of -way, or like entities to be annexed in a corridor fashion to gain contiguity;.... Florida courts have also interpreted the contiguity requirements for annexation to require, consistent with the statutory definition, that a substantial part of a boundary of the territory to be annexed should be co -terminus with a part of the boundary of the municipality. See City of Stanford v. Seminole County, 583 So, 2d 113, 115 (Fla. 5th DCA 1989) and County of Volusia v. City of Deltona, 925 So. 2d 340, 343-345 (Fla. 5th DCA 2006) (holding that §171.031(11) requires that a substantial portion of the boundary of the territory annex must be co -terminus with the City's boundary, finding that 350 feet out of more than 20,000 feet could not constitute a "substantial portion" under the statute and noting that the City was attempting "shoestring" annexation by using a narrow corridor to connect the municipality to an outlying non-contiguous area it desired to annex.) In the proposed annexation by the City of Port St. Lucie, it does not appear that the parcel sought to be annexed meets the statutory requirements for contiguity. The subject parcel is only co -terminus with current City of Port St. Lucie boundaries at a narrow 642 ft. section that begins a narrow corridor that extends for almost one mile in order to reach the bulk of the parcel to be annexed. Additionally there is another very narrow corridor of approximately 9,621 ft. That extends south from the bottom of the parcel along what appears to be an easement or possibly an access road to the St. Lucie County boundary line. In short, the maps provided depicting the parcel to be annexed into the City of St. Lucie represent "shoestring" annexation that does not appear to meet the statutory definition of contiguousness. If the City and the County cannot resolve their differences through the conflict resolution process, the County would be required to file a Petition for review by certiorari in the Circuit Court. The County would have the burden of showing that the adoption of the annexation ordinance was (a) not supported by any competent substantiated evidence or (b) did not comply with the essential requirements of law or (c) did not afford the County procedural due process. Although there are a number of prior court decisions concerning annexations each of these cases has its own unique set of facts. In this case a unique fact exists in that the City recently acquired the 3,100 acres that it proposes to annex. The City's ownership of the parcel may have the effect of reducing the impact of the County's arguments on contiguity and compactness. From a mathematical perspective, the odds of reversing a municipal action on certiorari review are difficult for a variety of reasons including the great judicial deference typically afforded by the Courts to the actions of government. Nonetheless, where, as here, an annexation violates the statute, certiorari is necessary and Updated: 8/1/2013 10:24 AM by Stephanie Bush Page 3 Packet Pg. 310 9.A.2 proper. An important factor for the Board to consider is that the statute governing annexations provides that the prevailing party in an annexation dispute is entitled to reimbursement of attorney's fees. Depending on whether the City determines to use outside counsel that amount could easily exceed $50,000. In order to bring a certiorari challenge to the action, the County would need to demonstrate its standing, i.e., demonstrate that the annexation causes material harm to the County. The failure to do so can preclude the ability for certiorari review. See City of Auburndale v. Town of Polk City, 898 So. 2d 1101 (Fla. 2d DCA 2005). PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: The County Attorney recommends that the Board accept the settlement proposal from the City. COMMISSION ACTION: Coordination/Signatures Tani S. McIntyry Attorney 8/1/2013 Talye W. Outlaw, County Administrator `8/1/2013 Updated: 8/1/2013 10:24 AM by Stephanie Bush Page 4 Packet Pg. 311 9.A.2.a ITEM # 7(B) pORiS1`� Cityof Port St. Lucie OPlanning and Zoning Department Memorandum RLRIgP TO: PLANNING AND ZONING BOARD - MEETING OF APRIL 2, 2013 FROM: BRIDGET KEAN, PRINCIPAL PLANNER Pjk- RE: P13 - 011 -APPLICATION FOR VOLUNTARY ANNEXATION CITY OF PORT ST. LUCIE MCCARTY RANCH DATE: MARCH 21, 2013 a BACKGROUND: n 0 0. The City of Port St. Lucie is seeking voluntary annexation for 3,090.17 acres of city- a owned land generally located west of Range Line Road and south of Glades Cut -Off Road. The property, known as McCarty Ranch, consists of eleven contiguous parcels. J The land was purchased by the City in November 2012 for utility purposes. A former limerock mining operation is located on the southwest portion of the property. Portions co of the property are leased for pepper and tomato farming and cattle grazing. The site 0 also contains undeveloped woodland pastures, pine flatwoods, various wetland c systems, and manmade canal and ditch systems. Y U A conservation easement in favor of the Florida Department of Environmental Protection exists over approximately 84 acres of land. It is generally located to the east of the former limestone quarry. Active mining had stopped prior to the City acquiring the property. State law requires the permit holder to complete reclamation activities through re -vegetation within three years of the final cessation of mining operations. x w The former limestone quarry consists mainly of open water and will be used for water y storage. Future plans include the construction of a city -owned potable water treatment E facility, a water recovery system, aquifer storage and recovery, and conservation land. In addition, the property will be considered for recreational uses associated with the lake and natural features. For the present time, the City will continue to lease the property Q for cattle grazing and tenant farming. Page 1 of 7 P13-11 City of Port St. Lucie McCarty Ranch Annexation EXHIBIT t a D Packet Pg. 312 9.A.2.a ITEM # 7(B) The property was part of a previous request for voluntary annexation the City received in 2009 for a project known as the Treasure Coast Intermodal Campus. The former owner, Bay Hill Holdings, LLC, in association with Kennedy Groves, Inc. and Mabel Groves, LLLP/Southern Fruit Groves, LLP, petitioned the city for voluntary annexation for 7,139 acres located west of Range Line, south of Glades Cut -Off Road and north of the C-23 Canal. At that time, the proposal was to construct a heavy industrial intermodal inland logistics center that would combine warehousing with cargo distribution, transfer, and rail support to serve Florida seaports. The request for voluntary annexation was denied by the City Council on April 11, 2011. Page 2 of 7 P13-11 City of Port St. Lucie McCarty Ranch Annexation co V_ 0 a 0 r U co r r r t K LU r-� C N E t V a� a� Q Packet Pg. 313 9.A.2.a ITEM # 7(B) OWNER/APPLICANT., City of Port St. Lucie (owner and applicant) LOCATION: The property is generally located west of Range Line Road and east of Glades Cut -Off Road. LEGAL DESCRIPTION: The property is legally described as being in the northeast quadrant of Township 37 South, Range 38 East, in St. Lucie County, Florida. The complete legal description is included with the application packet. SIZE: 3,090.17 acres, more or less. EXISTING ZONING: Approximately 1,000 acres are zoned St. Lucie County Industrial Extraction (IX), approximately 198 acres are zoned St. Lucie County Utilities (U), and the remaining acreage is zoned St. Lucie County Agricultural - 5 (AG - 5). It allows one dwelling unit per five (5) gross acres. EXISTING USE: The existing uses are vegetable crop farming, cattle grazing, a former coquina rock mine, and conservation land. SURROUNDING USES: The property is bound by property zoned agricultural to the north, south, and west. To the east, the property is adjacent to the residential fly -in community known as Treasure Coast Airpark in St. Lucie County and the Riverland Kennedy DRI in Port St. Lucie, FUTURE LAND USE DESIGNATION: The existing land use designation for the property is St. Lucie County AG-5 (Agricultural — one unit per five acres). PROPOSED PROJECT: Future plans include water storage, potable water treatment facility, a water recovery system, and aquifer storage and recovery as well as recreational uses. J US TI FI CA TIO NIMI TI GA TI O N: FLORIDA STATUTES: The submittal packet includes a letter from the City Attorney's Office that states that the proposed annexation conforms fully to the legal requirements for voluntary annexation set forth in Section 171.044, Florida Statutes. The criteria established in Florida Statutes Chapter 171.044 for voluntary annexation are as follows: Page 3 of 7 P13-11 City of Port St. Lucie McCarty Ranch Annexation Q Packet Pg. 314 9.A.2.a ITEM # 7(8) • All of the owners of the property must join in the petition requesting the annexation; and • The property must be in the unincorporated area of the county; and • The property must be contiguous to the city's existing municipal boundaries; and • The property must be reasonably compact in shape; and • The annexation must not result in the creation of enclaves. Legal notice for the annexation ordinance has been legally published in a newspaper of general circulation once a week for two consecutive weeks prior to the second reading and has been posted on the subject property with a sign. The county has been notified not fewer than 10 days prior to publishing the Ordinance notice. A copy of the notice was sent by the Office of the City Clerk to the St. Lucie County Commissioners via certified mail. CITY OF PORT ST. LUCIE COMPREHENSIVE PLAN: Objective 1.1.9 and policies 1.1.9.1 through 1.1.9.9 of the 2012 Comprehensive Plan provide the criteria for the review of annexation proposals. Policy: 1.1. 9,1: The City may encourage voluntary annexation of enclaves. Staff Evaluation: This policy pertains to the St. Lucie County enclave parcels located east of Inte Mate �5 )and is not applicable to this app{ication. =Policyl,2: In ker to evaluate a proposed annexation request, the City may owing factors: 1. Adequacy of governmental services for both existing and proposed land uses within the annexation territory including: a. The ability to provide needed public services and facilities including the sufficiency of revenue sources for those services. b. Demonstration that provision of public services may not negatively impact provision of public services within existing areas of the City. 2. The proposed annexation boundary is anmronriate in relation to axigtina _city 3. 2. 3. The proposed annexation promotes a balance of housing for persons and families of all income levels. The amount of existing vacant land within the City that is available for similar types of development to the proposed annexation. Page 4 of 7 P13-11 City of Port St. Lucie McCarty Ranch Annexation Q Packet Pg. 315 9.A.2.b ORDINANCE 13 - 16 WHEREAS, therefore, the City Council has determined that the petition of annexation bears the signatures of all owners of property in the area proposed to be annexed; and WHEREAS, prior to the date on which this Ordinance was adopted, the proposed annexation of the Property was noticed once a week for two consecutive weeks in the St. Lucie News Tribune, a newspaper published in Port St. Lucie (or St. Lucie County), which notice designated the number of this Ordinance, a brief, general description of the Property, a map clearly showing the _. — ____ -Property-,- and _a -statement _that-a_complete-legal-description-of-the-Property and __-- this Ordinance could be obtained from the Office of the City Clerk; and WHEREAS, not fewer than 10 days prior to publishing the Ordinance notice, a copy of the notice was sent by the Office of the City Clerk to the St. Lucie County Commissioners via certified mail; and WHEREAS, the City Council has determined that the annexation of the Property into the municipal boundaries of the City would be in the best interest of the City and the future residents of the Property; and NOW, THEREFORE, THE CITY OF PORT ST. LUCIE HEREBY ORDAINS: Section 1. The City Council of the City of Port St. Lucie, Florida, hereby finds that the foregoing recitals are true and correct and are incorporated herein as findings of fact as if set forth herein verbatim. Section 2. The City Council hereby accepts the voluntary petition for annexation of the Property dated March 6, 2013 as described in Exhibit "A", and depicted in Exhibit "B", both attached hereto and made a part hereof. Page 3 of 5 EXHIBIT P13-11 City of Port St. Lucie McCarty Ranch Annexation ID D Packet Pg. 316 9.A.2.b ORDINANCE 13 - 16 Section 3. The Property is hereby annexed into and incorporated within the municipal limits of the City of Port St. Lucie, Florida, and shall hereafter be considered as a part of the City of Port St. Lucie, Florida. Section 4. This Ordinance shall, within seven (7) days after its adoption, be filed as a revision with the Clerk of Circuit Court of St. Lucie County, Florida, and with the Department of State, and with the Chief Administrative Officer of St. Lucie County. Section 5. The municipal boundary lines, having been altered through ---annexation-shall be revised-- -an d-shall-be-f i led-a"-revi sio n -of -the-City Charter --- with the Department of State within thirty (30) days of the adoption of this Ordinance. A copy of such revision shall be submitted to the Office of Economic and Demographic Research along with a statement specifying the population census effect and the affected land area. Section 6. This Ordinance shall become effective immediately after its final adoption. Page 4 of 5 P13-11 City of Port St. Lucie McCarty Ranch Annexation Packet Pg. 317 9.A.2.b ORDINANCE 13 - 16 PASSED AND APPROVED by the City Council of the City of Port St. Lucie, Florida, this day , 2013. ATTEST; Karen A. Phillips, City Clerk CITY COUNCIL CITY OF PORT ST. LUCIE, FLORIDA JoAnn M. Faiella, Mayor APPROVED AS TO FORM: Roger G. Orr, City Attorney Page 5 of 5 P13-11 City of Port St. Lucie McCarty Ranch Annexation Packet Pg. 318 9.A.2.b OR 13-16 Exhibit "A" McCarty Ranch Annexation Submittal Parcel ID Numbers and Legal Description Parcel ID Numbers: 1. 4202-444-0040-00018; 2. 4211-244-0001-000/7; 3. 4223-111-0001-00015; 4. 4210-444-00 31-000/7 ; 5. 4222-221-0015-000/1; 6. 4214-332-0001-000/6; 7_ 4224-333-0010-000/6; 8. 4228-112-0015-00014; 9. 422 3-133-0001-00013; 10. 4216-444-0010-000/2; and 11. 4228-121-0002-000/8 Legal Description: Parcel A: That portion of the East one-half (%) of Section 11, Township 37 South, Range 38 East, lying and situate South of the "Glades Cut -Off Road" and the right of way of the Florida East Coast Railroad, St. Lucie County, Florida. Parcel B: That portion of the Southeast one -quarter (%) of the Southeast one -quarter (%) of Section 2, "Township 37 South, Range 38 East, lying and situate South of the "Glades Cut-off Road" and the right of way of the Florida East Coast Railroad, St. Lucie County, Florida. Parcel C: The North one-half (Y2) of the Northeast one -quarter (NE '4) of Section 14, Township 37 South, Range 38 East, St. Lucie County, Florida. Parcel D: A parcel lying in Sections 28 and 33, Township 37 South, Range 38 East, St. Lucie County, Florida, described as follows: From the Southeast corner of Section 33, run North 290.74 feet to the North right of way of Canal C-23; then run West along the right of way of Canal C-23 1,295.39 feet to the Point of Beginning; then continue West along said right of way of Canal C-23, 150 feet; then North 0032'44" West 10,260.18 feet to the North line of Section 28; then run Easterly along said North line of Section 28 150 feet; then run South 0032'44" East 10,260.05 feet to the Point of Beginning. Page 1 of 3 Packet Pg. 319 9.A.2.b Parcel E: A parcel lying in Section 28, Township 37 South, Range 38 East, St. Lucie County, Florida, described as follows: Commencing at the Northeast corner of Section 28, Township 37 South, Range 38 East, run Westerly along the North Section fine 1,406.62 feet, more or less, to the Point of Beginning; thence continue Westerly along the North Section line 1,791.06 feet, more or less; thence run Southerly 662.29 feet, more or less; thence run Easterly 1,791.04 feet, more or less; thence run Northerly 661.93 feet, more or less to the Point of Beginning. Parcel F: All that part of the Southeast one -quarter ('/4), of the Southeast one -quarter (%) of Section 16, Township 37 South, Range 38 East, St. Lucie County, Florida, lying South and East of the Southerly boundary of the Easterly right of way of the Florida East Coast Railway; And A parcel lying -and -being-in Section 2.1; --Township 37 South; Range 38 East- described - as follows: From the Northeast corner of Section 21, run Westerly along the North line of Section 21 327.40 feet to the Easterly right of way line of the Florida East Coast Railway; thence run Southwesterly along said right of way 4,271.80 feet; then run South 01 °55'5z' East 2,286.09 feet to the South line of Section 21; then run Easterly along said South line 3,256.48 feet to the Southeast corner of said Section 21; then run North 01055'52" West along the East line of said Section 5,347.15 feet to the Point of Beginning. Parcel G: All of Section 22, Township 37 South, Range 38 East, St. Lucie County, Florida Parcel H: All of that part of Section 15, Township 37 South, Range 38 East, lying and being Southerly of the Easterly right of way of the Florida East Coast Railway, St. Lucie County, Florida. Parcel I: All of Section 23, Township 37 South, Range 38 East, St. Lucie County, Florida, less and except that parcel conveyed to John M. McCarty, Jr. and Cynthia P. McCarty at O.R. Book 540, page 1744, which parcel is described as follows: The East three -fourths (%) of the South five -eighths (518), less the East 330 feet and the South 165 feet of Section 23, Township 37 South, Range 38 East, St. Lucie County, Florida. Parcel J: All of Section 14, Township 37 South, Range 38 East, St. Lucie County, Florida, less and except the North one-half ('/2) of the Northeast one -quarter (%4) of said Section 14, Page 2 of 3 Q Packet Pg. 320 9.A.2.b Parcel K: All of that part of the West one-half ('/2) of Section 11 lying South and Easterly of the Florida East Coast Railway right of way, Township 37 South, Range 38 East, St. Lucie County, Florida. Parcel L: The South 642.74 feet of Section 24, Township 37 South, Range 38 East, St. Lucie County, Florida. Parcel M: The East three -fourths (%) of the South five -eighths (5/8), less the East 330 feet and the South 165 feet of Section 23, Township 37 South, Range 38 East, St. Lucie County, Florida Parcel N: That portion of the Southeastone-quarter-..(%) of the. Southeast. one-quarter--(Y4)-Lying Southerly and Easterly of the "Glades Cut -Off Road" and the right of way for the Florida East Coast Railroad, in Section 10, Township 37 South, Range 38 East, St. Lucie County, Florida. Containing 3090.17 acres, more or less Page 3 of 3 Q Packet Pg. 321 OR 13-16 Exhibit "B" 9.A.2.b SITE LOCATION SUBJECT, PROPERTY S QORTSrANNEXATION DA - 3 12 2013 �� `� CITY OF PORT ST. LUCIE APPucAnou NUMBER: CITY OF PSL - MCCARTY RANCH P13-011 PLANNING & ZONING DEPT. CAM FILE NAME: MCCARTY RANCH �onro" Prepared by: P13-0�11M r M.I.S. DEPARTMENT PZ 2012.DWC SCALE: 1 —2600 Packet Pg. 322 9.A.2.b EXHIBIT APPLICATION FOR ANNEXATION CITY OF PORT ST. LUCIE FOR OFFICE USE ONLY Planning & Zoning Department 121 SW Port St. Lucie Boulevard Planning Dept Port St. Lucie, Florida 34984 Fee (Nonrefundable)$ (772) 871-5212 FAX (772) 871-5124 Receipt # Refer to "Fee Schedule" for application fee. Make checks payable to the 'City of Port St. Lucie.' Fee is nonrefundable unless application is withdrawn prior to advertising for the Planning and Zoning Board meeting. All items on this application should be addressed, otherwise it can not be processed. Attach proof of ownership; two copies of deed. Please type or print clearly in BLACK ink. PRIMARY CONTACT EMAIL ADDRESS: drhodenOcityofpsl.com telephone # 772-873-6427 PROPERTY OWNER Name: City of Port St. Lucie Address: 121 SW Port St. Lucie Blvd. Port St. Lucie FL 34984 Telephone No.: Fax No.: IF PROPERTY IS iN MULTIPLE OR CORPORATE OWNERSHIP, PLEASE PROVIDE ONE CONTACT PERSON. Name: Address; Telephone No.: Fax No.: AGENT OF OWNER (if any) Name: Address: Telephone No.: PROPERTY INFORMATION Fax Boundary Description See Attached (attach map) Property Tax I.D. Number See Attached Current Land Use AG-5 Proposed Land Use Utility and other uses (tbd) Current Zoning AG - 5 and IX Acreage of Property 13,100 n¢fir^rihr? nrnnnnari ilea of fha lanri- +' a ure of Owner Hand Print Name Date *Ail owners must sign a petition/s for annexation. Corporation signatures must be accompanied with an approved resolution authorizing the individual to sign such applications. NOTE: Signature on this application acknowledges that a certificate of concurrency for adequate public facilities as needed to service this project has not yet been determined. Adequacy of public facility services is not guaranteed at this stage in the development review process. Adequacy for public facilities is determined through certification of concurrency and the issuance of final local development orders as may be necessary for this project to be determined based on the application material submitted. H:\PASHAREo1APPLCT"NNEXATION (0&21111) in T L 0 a 4- 0 CN co s X w C d E t cC w a Packet Pg. 323 9.A.2.b APPLICATION FOR ANNEXATION INTO THE CITY ADDRESS A LETTER TO THE DIRECTOR OF PLANNING AND ZONING, AND INCLUDE THE FOLLOWING INFORMATION: 1. Legal description, parcel I.D. number, and acreage of property; 2. Copy of deed and authorization by owners; 3. Intended use of the property; 4. Copy of a survey; 5. General location map; 6. Current County future land use designation — include County Land Use Map; 7. Current County zoning classification — include County Zoning Map; 8.. List of unique or environmentally sensitive features; 9. Description of provision of public utilities — sewer, water, drainage; 10. Fee: (See "Fee Schedule"). 11. Provide a legal opinion that the annexation request is incompliance with Florida Statutes Chapter 171. 12. Electronic copy of the text legal description (MS Word format). 13. A statement specifying the population census effect and the affected land area. Annexation will require adoption of an ordinance and public hearings for Planning & Zoning Board and City Council. NOTE: A separate Land Use and Zoning Amendment Application is required prior to application for development permits within the City. ture of Owner Hand Print Name Date H:1PZISHAREDIAPPLICATIONS/ANNEXATIONCHECKLIST -- Revised 7JI412011 12:01 PM Q Packet Pg. 324 9.A.2.b INTEROFFICE MEMORANDUM TO: Daniel Holbrook, AICP, Planning. & Zoning Director FROM: Jesus Merejo, Utility Systems Director SUBJECT: McCarty Ranch -- Annexation Submittal DATE: March 8, 2013 This following is offered with regards to the proposed McCarty Ranch annexation. General Project Description: On behalf of the City, the Utility Systems Dept. is seeking to voluntarily annex into the City, the somewhat triangular shaped ±3,107- acre McCarty Ranch property that abuts the City's limits at Rangeline Road (County Road 609) on the east and is bounded on the west by Glades Cut -Off Road (County Road 709). Current property uses are agricultural including both vegetable crops and cattle grazing on pasture land, natural woodlands, and a former coquina rock mine. The required application forms are attached as Exhibit A. Parcel ID Numbers and Legal Description: The property consists of eleven Parcel ID Numbers as noted in the attached Exhibit B that also includes the property's legal description. Intended Use: Approximately 25 contiguous acres are intended to be used for the construction and operation of a future City -owned cyclic potable water treatment, storage, and recovery system. A conservation easement exists in favor of the Florida Dept. of Environmental Protection over another ±84 acres. Based on current discussions involving the possibility of future uses such as preservation and conservation, nature education facilities, recreation facilities, as well as, continuing the current tenant farming operations, it is very likely that several other City departments will share responsibilities for the remainder of the property. Current Land Use and Zoning Designations: The current St. Lucie County Future Land Use designation on the petition property is AG-5, Agriculture. The property carries two St. Lucie County zoning designations with approximately 1,000 acres noted as IX, Industrial Extraction and the remaining ±2,000 acres is AG-5, Agriculture. Applications wiiI be forwarded to your office at a later date requesting amendments to. the City's Comprehensive Plan, zoning, and land use designations that will allow for compliance with the twelve-month submittal timeframe. Unique or Environmentally Sensitive Features: The property is relatively flat with elevations ranging between 25-28 feet NGVD. Florida East Coast Railroad: Active railroad tracks exist along the western side of the property, parallel to Glades Cut -Off Road. CITY OF PORT ST. LucIE • UTILITY SYSTEMS DEPARTMENT Packet Pg. 325 9.A.2.b Daniel Holbrook March 8, 2013 Page 2 Power Line Easement: An overhead electrical power transmission line easement covers approximately 170 acres of the property. It is generally located along the western side of the property and for the most part, is parallel to the Glades Cut -Off Road. Conservation Easement: The location of the above referenced f84-acre conservation easement is noted on the survey. It is generally located in the south central part of the property near the eastern limits of the former coquina mining pit. Plant Life — Including Endangered Species: The dominant vegetative cover on the property is outlined in the Ecological Assessment Report prepared by Ardaman & Associates. Inc. that is attached as Exhibit F. The report indicates one state -endangered plant, a giant air plant or Tillandsia utriculata, is known to exist on the property at the southern edge of a pine flatwoods located east of a power line easement. The report also indicates numerous invasive plants exist on the property. Animals — Including Endangered Species: Grazing cattle, feral (wild) hogs, and white tailed deer are known to exist on the property. According to the Ecological Assessment Report, evidence was found for the existence of endangered species such as American alligators, a gopher tortoise, and Florida Sandhill cranes. The report states that the property also includes favorable habitat for several other species; however, it is important to note that no bald eagle nests are documented to exist on the property Public Utilities and Drainage: Upon development, water and wastewater services will be provided by the Port St. Lucie Utility Systems Dept. With respect to drainage, upon development, the property will comply with all applicable rules and regulations of the Florida Dept. of Environmental Protection, South Florida Water - Management District, the Army Corps of Engineers, and the City FEMA Flood Zones:_ Portions of the property lie within zones 12111-C-0250-3, 12111-C-0375-J, 12111-C-0400-3, and 12111-C-0275-J, all of which are "non printed map panels" according to the FEMA website. They are in Zone X and are considered to be outside the 500 Year Flood Zone, 'thus there are no minimum flood elevations to be complied with other than local regulations. After annexation, any development and/or future construction on the property will comply with all applicable provisions of the City's Flood Protection Regulations. Fee Schedule: Per our conversation on March 5, 2013, the Utility is paying Planning & Zoning fees based on 25 acres ($4,240.00). 2 a Packet Pg. 326 9.A.2.b Daniel Holbrook March 8, 2013 Page 3 Legal Opinion: In the attached Legal Opinion, Assistant City Attorney, Azlina Goldstein Siegel, wrote, "it is our opinion that the voluntary annexation of the McCarty Ranch Property by the City would comply with the legal requirements and legal standards set forth in Chapter 171 of the Florida Statutes." The Legal Opinion is attached as Exhibit I. Electronic copy of the legal description text: Donna Rhoden transmitted the legal description and Parcel ID numbers in MS Word format to Bridget Kean via email on March 5, 2013. Population Data: Employees of the current tenant farming operation occupy two homes that are located on the property near the designated crop areas. If you have questions or need additional information regarding the above outline, please let me know. /dr Exhibits: A - Application for Annexation signed by the Interim City Manager B - Parcel ID Numbers and Legal Description C - Recorded Deed D - Survey E - General Location Map F - Ecological Assessment Report G - Flood Zone Map H - Fee Schedule I - Legal Opinion Copied without attachments to: Jeff Bremer, Interim City Manager Dan Kleman, Special Asst. to the City Manager Roger Orr, City Attorney Azlina Goldstein -Siegel, Asst. City Attorney Brad Macek, Asst. Utility Systems Director Danny Segui, Deputy Utility Systems Director Laney Southerly, PE, Utility Engineering Mgr. Donna Rhoden, Utility Safety & Public Affairs Mgr. 3 Packet Pg. 327 9.A.2.b Port St. Lucie News — Display Ad - Proof of publication to Lorraine Prussing at LorrainePA.,cityofpsl.eom Phone: 772-871-7380 - FAX: 772-871-5124 - City of PSL Planning and Zoning, 121 SW Pt St. Lucie Blvd., Pt St. Lucie, FL 34984 - NO less than page ad Headline: 18 point LOCAL SECTION Include City Logo. tQORrSl > ,e m NOTICE OF ANNEXATION Ftow", A Public Hearing will be conducted before the City of Port St. Lucie City Council at a meeting beginning at 7:00 p.m. or as closely thereafter as business permits on May 13, 2013 in the City of Port St. Lucie Council Chambers at City Hall, Building A, 121 SW Port St. Lucie Blvd., corner of Airoso and Port St, Lucie Blvd., Port St. Lucie, Florida, on the following proposed ordinance: ORDINANCE No. 13-16, an ordinance annexing certain land, approximately 3,090,17 acres, plus or minus, situated in St. Lucie County, Florida, providing for conditions of annexation, providing for an effective date. The property is generally located west of Range Line Road and south of Glades Cut -Off Road. The property is legally described as being in the northeast quadrant of Township 37 South, Range 38 East, in St. Lucie County, Florida, as shown on the following map (P13-011). The complete legal description and a copy of the ordinance are available in the Plaiuung and Zoning Department and the City Clerk's Office between the hours of 8:00 a.m. and 5:00 p.m. at the address listed above. SUBJECT, PROPERTY In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding should contact the City Clerk's Office at 772-871-5157. Q Packet Pg. 328 9.A.2.b NOTICE: No stenographic record by a certified court reporter will be made of the foregoing meeting. Accordingly, any person who may seek to appeal any decision involving the matters noticed herein will be responsible for making a verbatim record of the testimony and evidence at said meeting upon which any appeal is to be based. Planning and Zoning Department PUBLISH: April 22 and April 29 Q Packet Pg. 329 9.A.2.c BOARD OF COUNTY COMMISSIONERS April 19, 2013 PLANNING & DEVELOPMENT SERVICES DEPARTMENT Email Version - Original to follow via US Mail Daniel Holbrook, AICP Director of Planning and Zoning City of Port St. Lucie 121 SW Port St. Lucie Boulevard Port St. Lucie, Florida 34984 RE: PSL Annexation - Ordinance No. 13-16 Dear Mr. Holbrook: Planning Division Thank you for providing County staff with the opportunity to provide comments on proposed Ordinance No. 13-16. From a County staff perspective, it does not appear that the City's action meets the requirements of Section 171.044, Voluntary Annexation, Florida Statutes, to annex the property into the City. The proposed annexation is not consistent with the following portions of Florida Statutes: • Contiguity — According to the material presented, the subject 3,100 +/- acre parcel measures roughly 3 miles north and south (or over 15,000 feet). However, the property is not contiguous along a substantial part of its boundary. Rather, it is contiguous to the City only by a narrow strip of land extending eastward nearly a mile from the bulk of the parcel and touching the City limits along about 650 feet fronting on Range Line Road. This amounts to about 4% of the parcel's overall north/south dimension. Otherwise, the vast and substantial majority of the property lies a mile further west of Range Line Road and the western city limits in this area. This appears to be contrary to Chapter 171.031(11) which defines contiguity as follows: y 11) "Contiguous" means that a substantial part of a boundary of the territory sought to be annexed by a municipality is coterminous with a part of the boundary of the municipality..." • Compactness — In addition to lack of contiguity, the parcel includes two long, narrow appendages over a mile in length radiating out from the parcel. This appears to create two large pockets of land surrounded by the City on three sides. This appears to be contrary to the definition of compactness found in Chapter 171.031(12). CHRIS DZADOVSKY, District No. 1. TOD MOWERY, District No. 2 PAULA A. LEWIS, District No, 3 FRANNIE HUTCHINSON, District No. 4 KIM JOHNSON, District No. 5 County Administrator— Faye. W. Outlaw, MPA, ICMA-CM Website: www.stlucieco.F ov 2300 Virginia Avenue - Fort Pierce, FL. 34982 .5652 Phone( 72)462-2822 FAX )772)462-1581 w 0) L 0 a 0 U M X LU E w a EXHIBIT N d a a Packet Pg. 330 9.A.2.c Daniel Holbrook, AiCP Phi Annexation -Ordinance No, 13-16 April 19, 2013 Page 2 Based upon the preceding analysis, County staff objects to the proposed annexation as it does not appear consistent with Florida Statutes. Sincerely, Mark Satterlee, AICP, Director Planning & Development Services Copy to: County Administrator County Attorney attachments Q Packet Pg. 331 9.A.2.d RESOLUTION NO. 13-084 A RESOLUTION INITIATING CONFLICT RESOLUTION PROCEDURES PROVIDED BY SECTION 164.1052, FLORIDA STATUTES (2012) PERTAINING TO THE DISPUTE OVER THE CITY OF PORT ST. LUCIE'S PROPOSED ANNEXATION OF THE McCARTY RANCH PROPERTY BY ADOPTING CITY ORDINANCE NO. 13-16. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The City of Port St. Lucie, Florida (City), has advertised a certain ordinance (identified as City Ordinance 13-16), hereinafter referred to as the "City's Proposed Annexation" where the City proposes to annex certain property; and, 2. The County delivered its notice of objections to the City's Proposed Annexation on April 19, 2013, in accordance with the Joint Planning Agreement, which objections were not accepted by the City. 3. The County believes that the City's proposed annexation Is contrary to the a interests of the County and its residences and businesses. The County also believes °' that the voluntary annexation provisions of Section 171.044, Florida Statutes, provides J that only owners of property contiguous to a municipality and reasonably compact may w petition a municipality to voluntarily annex into the municipality. The County also Cn believes that the City's property that is the subject of the request for voluntary o annexation is not contiguous to the City's municipal boundaries, Is not reasonably a compact, and would create pockets and de facto enclaves in violation of State law. ° Accordingly, the County believes that since the City owned property is not contiguous v or reasonably compact, the City, as property owner, did not have the right to petition for voluntary annexation under Section 171.044, Florida Statutes, and therefore, the City, as municipal governing body, did not have the right to consider and approve the request for voluntary annexation. 4. It is the intention of the Board to initiate conflict resolution procedures s provided by Chapter 164, Florida Statutes, prior to initiating court proceedings or w prosecuting action on a previously filed court proceeding to resolve the conflict. y a� 5. As a result of the conflict set out above, the Board believes that it is in the E best interest of the citizens of St. Lucie County to initiate the conflict resolution procedures provided by the Florida Governmental Conflict Resolution Act between the a County and the City. EXHIBIT iv a D Packet Pg. 332 9.A.2.d NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of St. Lucie County, Florida, as follows: 1. The Board expresses its intent to initiate the conflict resolution procedures provided by the Florida Conflict Resolution Act to resolve the conflict between the County and the City as to the City's proposed annexation. 2. Within five (5) days after the adoption of this Resolution, the County Administrator is directed to send a letter and a certified copy of this Resolution to the chief administrator of the City by certified mail, return receipt requested. 3. This Resolution shall become effective upon adoption. After motion and second, the vote on this Resolution was as follows: Chairman Tod Mowery AYE Vice Chair Frannie Hutchinson AYE Commissioner Chris Dzadovsky AYE Commissioner Paula A. Lewis AYE Commissioner Kim Johnson AYE PASSED AND DULY ADOPTED this 7th day of May 2013. A E . D P4IF{erk>. BOARD OF COUNTY COMMISSIONERS ST. 1,7CIE CQUN , FLORIDA BY: (� ly!iiA� Chairman 11 APPROVED AS TO FORM AND BY: County/Attorney Q Packet Pg. 333 .07/19/2013 15:56 772-344-4298 CITY ATTY PSL 9.A.2.e PAGE 01/ FAX CITY OF PORT ST. LUCIE CITY ATTORNEY'S OFFICE 121 SW Port St_ Lucie Boulevard Port St_ Lucie, Florida 34984-5099 Phone: 1.772.871.5256 Fax: 1.772.344.4298 TO: Dan McIntyre. County Attorney FROM: Roger G. Orr City Attorney FAX #: 462,1440 DATE: 07.19.13 RE: I McCarty Ranch Annexation U PAGES: 03 (including cover sheet) COMMENTS: The information eontainad in this facsimile message is information protected by attomeycl ent and/or the attorneytwork product privifege. It is Intended oNy for the use of the Individual named above and the prlvI"s are not waived by virtue of this having been sent by facsimile. If the person actually rocaiving this facsimile or any other reader of the facsimile is not the named recipient or the emp" or agent responsible to deliver it to the named recipient, any use, dissemination, distribvtign, or copying of the communication is strictly prohibited. If you have received t}hs communication In error, please immediately notify ut by telaphona and return the 069inel meSSW to us at the address below via U.S. Postal Service. EXHIBIT D L a� Packet Pg. 334 - 07/19/2013 15:56 772-344-4298 CITY ATTY PSL 9.A.2.e PAGE 02/03 /E40RT y; >° <� v rn �[QR10` CITY OF PORT ►ST. L UCIE CITY A TTORNEY July 19, 2013 VIA FACSIMILE 462.1440 and E-MAIL Daniel S. McIntyre County Attorney 2300 Virginia Avenue Fort Pierce. FL 34982 Re: McCarty Ranch Annexation Dear Dan: This is a follow up on the conflict assessment meeting of July 17, 2013, to discuss the McCarty Ranch Annexation under consideration by the City of Port St. Lucie. At the conclusion N of the conflict assessment meeting it was agreed that the City would submit revisions to the 0. Joint Planning Agreement that currently exists between the City of Port St. Lucie and St. Lucie 0 County in an effort to address the issues raised at the conflict assessment meeting. At the core of it, the City is submitting a revision to Section 4.1.1 of the Joint Planning Agreement that would govern future annexations by the City with particularity to annexations west of Rangeline Road. Attached to this letter is a draft of the amended Section 4.1.1, which we are submitting for Cn County consideration. L 0 It is our understanding that if this amended Section 4.1.1 meets with County approval it o_ would be submitted to the County Commission for consideration at its' meeting of August 6, 0 2013. If acceptable to the County Commission, it will then be presented to the City Council at its' meeting of August 12. 2013. along with the second reading on the annexation of the v McCarty Ranch. It is further our understanding that if this revision to Section 4.1.1 meets with County approval that the County will withdraw any objections to the City's annexation of the McCarty Ranch as proposed, LO Please advise if any comments or concerns at your earliest convenience. s X Sincerely, w d E t Ro er rr w Cit At orney a RGO/dmf attach. c Jeff Bremer, Interim City Manager HrnpfnrrrMy r.n.t Prexalron rrrl raarr,in.WA n-A.mfy -qr to mCnlrre 0?"9 T�-dm. 121 SW Port St Lucie Boulevard • Port 5t, Lucie, Florida 34984-5099.772/871-5294 • Fax: 7721344-4298 • TOD: 7721873-6339 Packet Pg. 335 9.A.2.e 07/19/2013 15:56 772-344-4298 CITY ATTY PSL PAGE 03/03 4.1.1. The_City has, to date never involuntarily annexed any Property into the City nor does it have any plans or intentions to do co in the future. However, from 4irna rn flr ^ 0— h a.. -- - - the County A nistr t r 'd the County Attorney notice of the petition within thirty (30) L days of rewipt thereof. —The County agreesto provid"ny written menu it may have on the r se annex i t the City Managgr and—Cityand—City Attorney --at least ten 0 10) clays prior to the first Madingf the annexglion ordinsince, Any comments submitted for consideration will be made a part of the record prior to final approval of the E annexation. In the event the CountCountv has Obiections to a pronosed annexation, City staff and County staff shall meet within ten (10) days of the City' s receipt of the written commentsto discuss arLd consider the same. For the area west of Ranaeline Road he c City will not increase the density or intensity of any Land use desianation or zoning over that which apglie4 to thoL subiect ro ert u er the C nt 's comprehensiye land use x Ian and zo pin for ri of five 5 ears fgLlQwing approval of the petition for = annexation into the City of Port St Lucie except where used for providing utility services a b an exit Vn it a 0 J a J ARV rGMMSI; w • L 0 a 0 U H dnn�:a'uT�lr7r�5.;,y.,,„;. 1.4V ngnwc uM!10[ah`jr un 17�OM'iaC !Kimlw dr.'(11 SfY.1 1,1 ;0 tf rtr,�nlyM w.ih T,fQ.1�•14e+ Q Packet Pg. 336