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HomeMy WebLinkAboutAgenda Packet 02.16.2017 Generated 2/10/2017 12:02 PM PLANNING & ZONING COMMISSION AGENDA ST. LUCIE COUNTY P & Z Regular Meeting Thursday, February 16, 2017 6:00 PM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS Chairman WILLIAM O'DELL Board Member EDWARD LOUNDS Board Member WILLIAM SMITH At-Large Board Member BOBBY HOPKINS At-Large Board Member JAMES TAYLOR Vice Chairman JAMES CLASBY Board Member CRAIG MUNDT Board Member KARA WOOD At-Large Board Member ROBERT LOWE Ex-Officio Board Member MARTY SANDERS P & Z Regular Meeting Thursday, February 16, 2017 6:00 PM 2 | P a g e WELCOME  Please turn off all cellular phones and pagers prior to entering the Commission Chambers.  Please note that the Planning and Zoning Commission/Local Planning Agency serves in an advisory capacity to the St. Lucie County Board of County Commissioners and has the power to review and make recommendations to the Board, for approval or disapproval, on any applications within their area of responsibility.  The Planning and Zoning Commission strongly encourages your input and comment at the public hearing. Please limit comments to three minutes if possible and be respectful of others’ opinions.  For public convenience, all meetings are televised and are provided with wireless internet access. P & Z Regular Meeting Thursday, February 16, 2017 6:00 PM 3 | P a g e 1. CALL TO ORDER A. Pledge of Allegiance B. Roll Call C. Announcements D. Disclosure(s) 2. MINUTES A. St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday, January 19, 2017 3. PUBLIC COMMENT 4. PUBLIC HEARINGS A. Ordinance - Proposed Text Amendment to the Land Development Code, Orchid Beach Resort Staff recommends the Planning and Zoning Commission accept the request to withdraw the Text Amendment to the Land Development Code for Orchid Beach Resort. B. Resolution - Preliminary/Final Planned Non Residential Development (PNRD) Site Plan Staff recommends the Planning and Zoning Commission accept the request to withdraw the Preliminary/Final Planned Non Residential Development (PNRD) Site Plan petition. C. Ordinance - Agricultural Labor Housing / Farmworker Housing Text Amendment Staff recommends that the petition be forwarded to the Board of County Commissioners with a recommendation of approval. D. Ordinance - Amending Article III of Chapter 24 (Fire/EMS Protection Impact Fees) Staff recommends that the Local Planning Agency/Planning and Zoning Commission forward the proposed ordinance to the Board of County Commissioners with a recommendation of adoption. 5. WORKSHOPS A. There are no items scheduled. P & Z Regular Meeting Thursday, February 16, 2017 6:00 PM 4 | P a g e 6. OTHER BUSINESS A. There are no scheduled items. 7. ADJOURN NOTICE: All proceedings before the Planning and Zoning Commission / Local Planning Agency of St. Lucie County, Florida, are electronically recorded. If a person decides to appeal any recommendation made by the Planning and Zoning Commission / Local Planning Agency with respect to any matter considered at such meeting or hearing, he 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, by hiring their own court reporter at their own expense, to create a record that includes the testimony and evidence upon which the appeal is based. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk Manager at least forty-eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772) 462-1428. Any questions about this agenda may be referred to St. Lucie County Planning Division at (772) 462-2822. Generated 2/2/2017 3:54 PM ST. LUCIE COUNTY PLANNING & ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA P & Z Regular Meeting January 19, 2017 Convened: 6:00 PM Adjourned: 7:48 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by Interim Chair Bobby Hopkins A. Pledge of Allegiance Attendee Name Title Status Arrived Bobby Hopkins Interim Chair Present Craig Mundt Board Member Present Edward Lounds Board Member Absent William O'Dell Board Member Present William Smith Board Member Present Kara Wood Board Member Present James Clasby At-Large Board Member Present Robert Lowe At-Large Board Member Present James Taylor At-Large Board Member Present Marty Sanders Ex-Officio Board Member Absent C. Election of Officials Nomination for Chair: Ms. Wood nominated Mr. Clasby & Mr. Mundt nominated Mr. O'Dell By written ballot it was 5 to 3 in favor of Mr. O'Dell as 2017 Chair of P & Z Commission Nomination for Vice Chair: James Clasby Unanimous for Mr. Clasby to be 2017 Vice Chair of P & Z Commission 2.A Packet Pg. 5 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 1 9 , 2 0 1 7 6 : 0 0 P M ( M I N U T E S ) P & Z Regular Meeting Thursday, January 19, 2017 6:00 PM 2 | P a g e D. Announcements None i. Welcome New Members E. Disclosure(s) Mr. Lowe stated he spoke with a couple of staff members regarding agenda item 4D Postponement on the placement of medical dispensary facilities. 2. MINUTES A. St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday, November 17, 2016 RESULT: ACCEPTED [UNANIMOUS] MOVER: Robert Lowe, At-Large Board Member SECONDER: William Smith, Board Member AYES: Hopkins, Mundt, O'Dell, Smith, Wood, Clasby, Lowe, Taylor ABSENT: Edward Lounds 3. PUBLIC COMMENT None 4. PUBLIC HEARINGS A. Resolution - Rocket Fuel 4 Corp Conditional Use Permit for Retail Sale of Undistilled Alcoholic Beverages Linda Pendarvis with the Planning Department stated this petition is the request of Mr. Henry Isquierdo for a Conditional Use permit to allow the retail trade of undistilled alcoholic beverages as accessory to the food store. Public Notice was provided in accordance with Section 11.00.03 of the Land Development Code and on January 4, 2017 an ad was placed in the St. Lucie News Tribune and 21 letters were mailed to adjacent property owners within 500 feet of the subject property. January 6, 2017 the applicant posted a sign on the subject property. To date one conditional use response form in favor was returned to the Planning Department. The subject property is located at 7301 Indrio Road the southwest corner of Indrio Road and Kings Highway. The property is zoned Commercial, Neighborhood with a towns, villages and countryside designated future land use. In 1999, the County amended the commercial neighborhood zoning district and made the retail sale of undistilled alcoholic beverages a conditional use as an accessory use to the food store. 2.A Packet Pg. 6 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 1 9 , 2 0 1 7 6 : 0 0 P M ( M I N U T E S ) P & Z Regular Meeting Thursday, January 19, 2017 6:00 PM 3 | P a g e With the 1999 amendment to the Commercial Neighborhood zoning district, the retail sale of undistilled alcoholic beverages became a conditional use, if the use is discontinued for 12 consecutive months the conditional use permit would become null and void and a new conditional use permit would need to be approved. Staff recommends that the Planning and Zoning Commission forward a recommendation of approval to the Board of County Commissioners. The Commission discussed briefly and made a motion to approve. Public Hearing open No one spoke Public Hearing close RESULT: APPROVED [UNANIMOUS] MOVER: Craig Mundt, Board Member SECONDER: Robert Lowe, At-Large Board Member AYES: Hopkins, Mundt, O'Dell, Smith, Wood, Clasby, Lowe, Taylor ABSENT: Edward Lounds B. Resolution - Rocket Fuel 4 Corp Conditional Use Permit for Gasoline Services Linda Pendarvis stated the applicant, Rocket Fuel 4 Corp., is requesting a conditional use permit to allow the continued operation of the retail sale of gasoline services as an accessory use to the existing convenience food store within the CN (Commercial, Neighborhood) zoning district. The subject property is located at the southwest corner of Indrio Road and Kings Highway (7301 Indrio Road). The retail sale of gasoline requires a conditional use permit in the underlying CN zoning district as per Land Development Code, Section 3.01.03(Q)(7)(d)(1). The commission had no questions and proceeded with a motion to approve. Public Hearing open No one spoke Public Hearing close RESULT: APPROVED [UNANIMOUS] MOVER: William Smith, Board Member SECONDER: James Clasby, At-Large Board Member AYES: Hopkins, Mundt, O'Dell, Smith, Wood, Clasby, Lowe, Taylor ABSENT: Edward Lounds C. Ordinance - Agricultural Labor Housing / Farmworker Housing Text Amendment Linda Pendarvis stated this is the petition of Margiric Farms, LLC represented by Mr. Kenneth G. Oertel and is a request for a text amendment that will create supplemental standards for Agricultural Labor Housing for Section 7.10.08 Rural and Farmworker Housing that is currently “reserved” in the Land Development Code. The Land Development Code currently designates Agricultural Labor Housing as a conditional use in the Agricultural 5, Agricultural 2.5 and 2.A Packet Pg. 7 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 1 9 , 2 0 1 7 6 : 0 0 P M ( M I N U T E S ) P & Z Regular Meeting Thursday, January 19, 2017 6:00 PM 4 | P a g e Agricultural 1 zoning districts. Through this text amendment, staff would also like to reword Section 7.10.08 language to be consistent with the zoning district. Agricultural Labor Housing must be licensed by the Department of Health as a Migrant Labor Camp; the health department would make regular inspections. As a condition of approval under the conditional use permit, the facility operator will be required to provide copies to the Planning Department. The Florida Department of Health have certain requirements that will be part of the review process under the supplemental standards: water and wastewater requirements. The minimum of 50 square feet of floor space for each occupant and a minimum of 100 square feet of floor space per person for overall living quarters. All living quarters shall be equipped with heat producing devices to maintain a certain room temperature and hot water also to be maintained at a certain temperature. Annual listings of farmworker housing facilities are provided to the Fire Department for inspections. These are just a few of the requirements imposed on migrant labor camps and that are monitored biannually by the Florida Department of Health. All proposed Agricultural Labor Housing developments will be reviewed under a site specific application under the Conditional Use Standards of Review process along with these supplemental standards. A conditional use application requires two public meetings: one before the planning and zoning commission and one before the Board of County Commissioners. Conditions may be attached to the Conditional Use permit as seen necessary to carry out the spirit and purpose of the Land Development Code and the St. Lucie County Comprehensive Plan. The proposed supplemental standards will provide the criteria to submit a Conditional Use Permit Application for further site specific review. Staff recommends that this petition be forwarded to the Board of County Commissioners with a recommendation for approval. The commission had a detailed discussion regarding the ordinance. There were too many questions regarding each section that it was determined that staff needed to re-write the ordinance, taking in consideration all of the issues that were brought up and bring it back to the Planning & Zoning Commission before moving forward to the Board of County Commission. The motion was to continue this item to February 16, 2017. Public Hearing open No one spoke Public Hearing close RESULT: TABLED (CONTINUED) [UNANIMOUS] Next: 2/16/2017 6:00 PM MOVER: Kara Wood, Board Member SECONDER: Craig Mundt, Board Member AYES: Hopkins, Mundt, O'Dell, Smith, Wood, Clasby, Lowe, Taylor ABSENT: Edward Lounds D. Postponement on the Placement of Medical Marijuana Dispensary Facilities 2.A Packet Pg. 8 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 1 9 , 2 0 1 7 6 : 0 0 P M ( M I N U T E S ) P & Z Regular Meeting Thursday, January 19, 2017 6:00 PM 5 | P a g e Katherine Barbieri, Assistant County Attorney stated that pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida Statutes, St. Lucie County possesses the police powers to enact ordinances in order to protect the health, safety, and welfare of the County's citizens. The St. Lucie County Board of County Commissioners determines that it is in the best interest of its residents, businesses and visitors to enact sufficient zoning regulations to ensure their health, safety and welfare. Medical marijuana dispensing facilities are a new and unique use which is not currently addressed by the County Land Development Code or Code of Ordinances. A temporary postponement on the acceptance of applications for, the processing of and the issuance of development permits, development orders or any other official action of St. Lucie County permitting or having the effect of permitting new medical marijuana dispensing facilities will allow time to review, study, hold public hearings and prepare and adopt an amendment or amendments to the Land Development Code and Code of Ordinances to address this new and unique use. On November 15, 2016, the Board of County Commissioners (BOCC) authorized Permission to Advertise for the Postponement on the Placement of Medical Marijuana Dispensary facilities for public hearing before the local Planning Agency and two public hearings before the BOCC. The proposed ordinance states in Section 2A: For twelve (12) months following the adoption of this ordinance, or until an amendment to the Land Development Code is approved or denied, whichever occurs first, no application for any permit or development order for a medical marijuana dispensing facility shall be accepted, nor shall any permit or development order be approved for a medical dispensing facility. Staff is recommending that the Planning and Zoning Commission forward this agenda item to the BOCC with a recommendation of approval that we postpone any development right now on review activity on medical marijuana dispensaries until we enact some regulations. Public Hearing open Michael Patterson, 1409 Temporary Drive, Melbourne, FL 32940 stated he was the CEO of US Cannabis Pharmaceutical Research and Development. He applauds staff for bringing pro-active debating in zoning areas of the county to be used for medical marijuana businesses; consider the following: Consider limiting your marijuana zoning ordinance moratorium from 12 months to 6 months. With the Florida Dept. Of Health preparing to release the new operational rules which will include zoning information, in May 2017; a 6 month moratorium will enable the county to look over the Florida Dept. Of Health zoning requirements prior to finalizing the St. Lucie County zoning ordinances on medical marijuana businesses. The concern with keeping the 12 month time frame on the moratorium is two-fold. If the Florida Dept. Of Health follows the pattern of most other states; when it releases the rules and regulations for the medical marijuana program, it will begin the application process to apply for a license within 2 to 3 months at the release of the rules. In order to apply for a license to grow, produce or sell medical marijuana in Florida; you must have local zoning approval to apply. If you do not have local zoning approval; your application is rejected. If St. Lucie County keeps a 12 month moratorium on zoning it could possibly not allow anyone to apply for a license in St. Lucie County for medical marijuana business within the time frame required by the state. 2.A Packet Pg. 9 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 1 9 , 2 0 1 7 6 : 0 0 P M ( M I N U T E S ) P & Z Regular Meeting Thursday, January 19, 2017 6:00 PM 6 | P a g e Public Hearing close The commission discussed Mr. Patterson's comments regarding the 12 month and 6 month moratorium and questioned staff of their reasoning. The commission motioned to recommend a 6 month moratorium. RESULT: APPROVE [UNANIMOUS] MOVER: Craig Mundt, Board Member SECONDER: Kara Wood, Board Member AYES: Hopkins, Mundt, O'Dell, Wood, Clasby, Lowe, Taylor ABSENT: Edward Lounds, William Smith 5. WORKSHOPS A. There are no items scheduled. 6. OTHER BUSINESS A. Approval of the 2017 Planning & Zoning Commission Meeting Schedule. RESULT: ACCEPTED [UNANIMOUS] MOVER: Craig Mundt, Board Member SECONDER: James Clasby, At-Large Board Member AYES: Hopkins, Mundt, O'Dell, Wood, Clasby, Lowe, Taylor ABSENT: Edward Lounds, William Smith 7. ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. 2.A Packet Pg. 10 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 1 9 , 2 0 1 7 6 : 0 0 P M ( M I N U T E S ) ITEM NO. (ID # 3687) DATE: 02/16/2017 AGENDA REQUEST * LEGISLATIVE BACKGROUND: The applicant, Orchid Beach Resort, LLC has filed three concurrent petitions in support of a proposed commercial resort development on North Hutchinson Island. The petitions include a text amendment to the Land Development Code and Preliminary and Final Planned Non-residential Development (PNRD) site plans. The proposed text amendment expands upon Section 7.10.32, which speaks to the length of stay requirements for owners of condominium-hotel units, by allowing for additional length of stay options. Expanding upon the length of stay options provides for flexibility with market demand changes, which diversifies the community’s tourism draw. It furthers the intent of the length of stay provisions by allowing for this flexibility only when a significant majority of the rooms available are not condo-hotel. Based upon staff analysis contained in the attached memorandum, the proposed text amendment to the Land Development Code is internally consistent with the Land Development Code and the St. Lucie County Comprehensive Plan. The proposed amendments diversify the community’s tourism draw, which furthers Comprehensive Plan Goal 10.4 that calls for expanding the tourism sector of St. Lucie County's economy. Please see the attached staff report for detailed analysis. Please see the attached Draft Ordinance providing the precise wording of the proposed amendments to the text of the Land Development Code. PREVIOUS ACTION: April 7, 2015 - Board of County Commissioners adopted regulations establishing the Commercial Resort (CR) zoning district and associated development standards. September 15, 2016, Planning and Zoning Commission at the request of the applicant's agent continued the item to a date certain February 16, 2017. TO: St. Lucie County Planning & Zoning Commission PRESENTED BY: Britton Wilson, Comprehensive Planning Coordinator SUBMITTED BY: Planning Division SUBJECT: Ordinance - Proposed Text Amendment to the Land Development Code, Orchid Beach Resort 4.A Packet Pg. 11 Updated: 2/8/2017 12:29 PM by Jeffrey Johnson Page 2 February 2, 2017 - The applicant's agent submitted a request to withdraw the project applications. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Planning and Zoning Commission accept the request to withdraw the Text Amendment to the Land Development Code for Orchid Beach Resort. COMMISSION ACTION: Coordination/Signatures 4.A Packet Pg. 12 4.A.a Packet Pg. 13 At t a c h m e n t 4 . A . a : W i t h d r a w L e t t e r ( 3 6 8 7 : O r c h i d B e a c h T L D C ) 4.A.a Packet Pg. 14 At t a c h m e n t 4 . A . a : W i t h d r a w L e t t e r ( 3 6 8 7 : O r c h i d B e a c h T L D C ) Planning and Development Services Department M E M O R A N D U M TO: Planning and Zoning Commission THROUGH: Leslie Olson, AICP, Planning & Development Services Director Bonnie C. Landry, AICP, Planning Manager FROM: Britton Wilson, AICP, Comprehensive Planning Coordinator DATE: September 15, 2016 SUBJECT: Text Amendment to the Land Development Code – Orchid Beach Resort The applicant, Orchid Beach, LLC has filed three concurrent petitions in support of a proposed commercial resort development on North Hutchinson Island. The petitions include a text amendment to the Land Development Code and Preliminary and Final Planned Non-residential Development (PNRD) site plans. Background The proposed Land Development Code (LDC) text amendment updates Section 7.10.32. - Supplemental Standards for Condominium Hotel Unit Uses, which only pertains to zoning districts that permit the use of condominium hotel units. A Condominium Hotel Unit is defined by the LDC as: “A hotel unit that may be individually owned, but whose annual occupancy by the unit owner shall be limited and is intended to be available for short- term occupancy when not occupied by the unit owner, as more specifically set forth in the Supplemental Standards found in 7.10.32.” Condominium hotel units may be utilized in any zoning district permitting the use of hotel/motel or resort units subject to the following categories of Supplemental Standards for Condominium Hotel Unit Uses: A) Declaration of Condominium, B) Owner's Association, C) Management of Condominium Hotel, D) Reporting and Inspection, and E) Length of Stay. The proposed text amendment amends subsection E) Length of Stay, by creating a fourth measure to guide limitations of stay by the condominium hotel unit owners, in that if only 35% of the total hotel rooms are condominium hotel units the length of stay limit is 30 consecutive days and no more than 180 total days in a calendar year. However, the Board may grant an exemption to the length of stay requirements for up to 5% of the total. Below is the proposed draft amendment to Section 7.10.32.E, where new language is underlined. E. Length of Stay: For each condominium hotel unit, the owner of the unit is authorized to stay in the unit for no longer than the applicable length of stay limit, as set forth below. At all other times, each unit shall be used for short term occupancy purposes only. It is the intent of this section that the owner of the unit shall not be eligible to claim the unit as his or her homestead for the purposes of qualifying for the homestead ad-valorem real property tax exemption. The length of stay limit shall be determined as follows: 1. If more than seventy-five percent (75%) of the units in the Hotel, Motel or Resort are condo- hotel units, then the length of stay limit is fifty-six (56) days per calendar year, fourteen (14) 4.A.b Packet Pg. 15 At t a c h m e n t 4 . A . b : S t a f f R e p o r t - T L D C ( 3 6 8 7 : O r c h i d B e a c h T L D C ) Planning & Zoning Commission Petition: Orchid Beach LLC, TLDC October 20, 2016 Page 2 of 4 days per quarter (i.e. the owner of a condo-hotel unit may not stay in his or her unit for more than fifty-six (56) days per calendar year, or more than fourteen (14) days per quarter, and at all other times the unit shall be available to the public for short term occupancy purposes only). 2. If more than fifty percent (50%) of the units, but no more than seventy-five percent (75%) of the units in the hotel, motel or resort are condo-hotel units, then the length of stay limit is thirty (30) consecutive days and no more than ninety (90) total days per calendar year (a unit owner may not stay in his or her unit longer than thirty (30) consecutive days, and no more than ninety (90) total days in any calendar year. At all other times the unit shall be available to the public for short term occupancy purposes only). 3. If no more than fifty percent (50%) of the units in the hotel, motel or resort are condo-hotel units, then the length of stay limit is thirty (30) consecutive days and no more than one hundred eighty (180) total days in any calendar year (a unit owner may not stay in his or her unit longer than thirty (30) consecutive days and no more than one hundred eighty (180) total days in any calendar year. At all other times the unit shall be available to the public for short term occupancy purposes only). 4. If no more than 35% of the units in the Hotel, Motel or Resort are condo-hotel units, then the length of stay limit is 30 consecutive days and no more than 180 total days in a calendar year (A unit owner may not stay in his or her unit longer than 30 consecutive days, and no more than 180 total days in any calendar year. At all other times the unit shall be available to the public for short term occupancy purposes only.) Upon approval by the County Commission through the site plan approval process, up to 5% of the total units may be exempted from the length of stay requirements. However, this does not exempt the owner from mandatory participation in the requirement to make the unit available to the public for short term occupancy purposes when not occupied. 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 Comprehensive Plan and/or the Land Development Code; The proposed text amendment to the Land Development Code, is consistent with the Comprehensive Plan and is internally consistent with the remainder of the Land Development Code. The amendment expands upon the length of stay requirements by providing for additional flexibility with market demand changes. Allowing for additional length of stay options diversifies the community’s tourism draw, which furthers Comprehensive Plan Goal 10.4 that calls for expanding the tourism sector of St. Lucie County's economy. The proposed amendment also furthers the intent of the “Length of Stay” subsection by allowing for flexibility only when a significant proportion of the rooms (65%) are not condo-hotel units. This servers to ensure availability of hotel rooms at peak periods, when many condo-hotel owners may be visiting. 2. Whether and the extent to which the proposed amendment is inconsistent with the existing and proposed land uses; The proposed text amendment to the Land Development Code is not site specific but creates an additional length of stay option for owners of condo-hotel units located on property zoned for hotel/motel or resort uses. 4.A.b Packet Pg. 16 At t a c h m e n t 4 . A . b : S t a f f R e p o r t - T L D C ( 3 6 8 7 : O r c h i d B e a c h T L D C ) Planning & Zoning Commission Petition: Orchid Beach LLC, TLDC October 20, 2016 Page 3 of 4 4. Whether there have been changed conditions that require an amendment; As stated by the applicant, market conditions have changed since the original regulations were adopted and current trends necessitate a seasonal approach to residency by broadening the length of stay requirements. 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; Site specific facility impacts will be addressed at the time of site plan application. All development is required to adhere to current Level of Service (LOS) and concurrency standards. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; Site specific environmental impacts will be addressed at the time of site plan application. All development is required to adhere to current environmental resource protection standards. 7. Whether and the extent to which the proposed amendment would adversely affect the property values in the area; Providing for a broader range of regulatory flexibility aimed at accommodating fluctuations of market demands allows for long-term stability of a condominium-hotel establishment. Successful establishment of a diversified economy provides a long-term benefit to neighborhood desirability and property values. 8. 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; Site specific effects of a proposed change to existing development patterns will be addressed at the time of site plan application. Proposed developments are required to adhere to current Comprehensive Plan policies and Land Development Code review standards. 9. 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 in keeping with the public interest by providing for diversity of the local economic tax base in the expansion of regulatory flexibility, which is intended to support and promote tourism, entertainment, civic and convention related activities. 10. Any other matters that may be deemed appropriate by the Planning and Zoning Commission or the Board of County Commissioners, in review and consideration of the proposed amendment. The Planning and Zoning Commission and the Board of County Commissioners may raise other matters regarding this proposed text amendment to the Land Development Code at the public hearing. Analysis Summary: Based upon staff analysis contained in this memorandum, the proposed text amendment to the Land Development Code is internally consistent with the Land Development Code and the St. Lucie County Comprehensive Plan. The proposed amendments diversify the community’s tourism draw, which furthers Comprehensive Plan Goal 10.4 that calls for expanding the tourism sector of St. Lucie County's economy. Staff Recommendation: 4.A.b Packet Pg. 17 At t a c h m e n t 4 . A . b : S t a f f R e p o r t - T L D C ( 3 6 8 7 : O r c h i d B e a c h T L D C ) Planning & Zoning Commission Petition: Orchid Beach LLC, TLDC October 20, 2016 Page 4 of 4 Staff recommends that the proposed Text Amendment to the Land Development Code be forwarded to the Board of County Commissioners with a recommendation for approval. 4.A.b Packet Pg. 18 At t a c h m e n t 4 . A . b : S t a f f R e p o r t - T L D C ( 3 6 8 7 : O r c h i d B e a c h T L D C ) Ordinance No. File No.: TLDC-720165040 Page 1 Underline is for Addition Strike Through is for Deletion ORDINANCE 1 FILE NO.: TLDC-720165040 2 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. 3 LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND 4 DEVELOPMENT CODE, SECTION 7.10.32 SUPPLEMENTAL STANDARDS 5 FOR CONDOMINIUM HOTEL UNIT USE LENGTH OF STAY; PROVIDING FOR 6 CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING 7 FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF 8 STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; 9 AND PROVIDING FOR CODIFICATION. 10 11 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, (Board) based on 12 the testimony and evidence, including but not limited to the staff report, has made the following 13 determinations: 14 15 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, 16 adopted the St. Lucie County Land Development Code. 17 18 2. This Board is authorized by Section 125.01(1)(h), Florida Statutes, to establish, coordinate 19 and enforce zoning and such business regulations as are necessary for the protection of 20 the public; and, 21 22 3. This Board is authorized by 125.01(1)(t), Florida Statutes, to adopt ordinances and 23 resolutions necessary for the exercise of its powers and to prescribe fines and penalties 24 for the violations of ordinances in accordance with law. 25 26 4. Lucie County Planning and Development Services staff has performed the required land 27 use analysis for this application, which can be found in the Planning and Development 28 Services memorandum dated September 15, 2016, entitled “Text Amendment to the Land 29 Development Code – Orchid Beach Resort.” 30 31 5. On _____________, the Local Planning Agency/ Planning and Zoning Commission held a 32 public hearing on the proposed ordinance after publishing due notice in the St. Lucie News 33 Tribune and recommended that the proposed ordinance be forwarded with a 34 recommendation for approval. 35 36 6. On ______________, this Board held its first public hearing on the proposed ordinance, 37 after publishing due notice in the St. Lucie News Tribune. 38 39 7. On _______________, this Board held its second public hearing on the proposed 40 ordinance, after publishing due notice in the St. Lucie News Tribune. 41 42 8. The proposed amendments to the St. Lucie County Land Development Code are 43 consistent with the general purpose, goals, objectives and standards of the St. Lucie 44 County Comprehensive Plan, are internally consistent with the remainder of the Land 45 4.A.c Packet Pg. 19 At t a c h m e n t 4 . A . c : D r a f t O r d i n a n c e ( 3 6 8 7 : O r c h i d B e a c h T L D C ) Ordinance No. File No.: TLDC-720165040 Page 2 Underline is for Addition Strike Through is for Deletion Development Code and are in the best interest of the health safety and public welfare of 1 the citizens of St. Lucie County, Florida. 2 3 4 5 6 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, 7 Florida: 8 9 PART A. 10 11 THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE 12 ARE TO READ AS FOLLOWS: 13 14 7.10.32. - Supplemental Standards for Condominium Hotel Unit Uses. 15 Condominium hotel units may be utilized in any zoning district permitting the use of hotel/motel or 16 resort units subject to the following use standards: 17 A. Declaration of Condominium: A declaration of condominium and/or other documents satisfactory 18 to the County Attorney will be recorded in the public records to: 19 1. Provide for the long term maintenance and operation of the condominium hotel and it's 20 amenities as a hotel in accordance with the terms and requirements of this chapter, any 21 permits or approvals issued for the condominium hotel and Florida Statutes, 22 2. Provide for the enforcement of the length of stay limitations set forth in paragraph E below, 23 and 24 3. Provide notice to future purchasers of the County's right to enforce the foregoing length of 25 stay limitation and the terms and requirements of this chapter and any permits or approvals 26 issued for the condo-hotel. 27 Approval of the site plan for a project containing condominium hotel units may be conditioned 28 upon the property owner recording such declaration of condominium and/or other documents 29 satisfactory to the County Attorney prior to issuance of a building permit for the project. 30 B. Owner's Association: A condominium association, or equivalent, shall be established to govern, 31 maintain and operate the condo-hotel, its amenities and services including, but not limited to, 32 housekeeping for all public areas (including lobby and hallways) and guest rooms, the front desk, 33 concierge services, banquet/ballroom facilities, restaurants, spas, pools and any other amenities 34 or services, as a hotel in accordance with the terms and requirements of the declaration of condo 35 and any permits or approvals issued for the condo-hotel. 36 C. Management of Condominium Hotel: The declaration of condominium shall require the condo 37 association to hire a single qualified professional management entity to maintain and operate the 38 condo-hotel. The management entity shall offer short term rental services to all owners of the 39 condo-hotel units. 40 Regardless of whether a unit owner utilizes the management entity to rent the unit, all persons 41 renting units shall be required to check-in and check-out through the front desk reservation 42 system operated by the management entity, and the management entity shall handle all room 43 service, maid service and room maintenance for the individual units. 44 4.A.c Packet Pg. 20 At t a c h m e n t 4 . A . c : D r a f t O r d i n a n c e ( 3 6 8 7 : O r c h i d B e a c h T L D C ) Ordinance No. File No.: TLDC-720165040 Page 3 Underline is for Addition Strike Through is for Deletion D. Reporting and Inspection: Starting on the one-year anniversary of the issuance of the certificate 1 of occupancy, or equivalent, for the condominium hotel, and annually thereafter for the next four 2 (4) years (five (5) years total reporting period), the condominium association shall deliver to the 3 Planning and Development Services Director an affidavit confirming that the condominium hotel 4 is being operated and maintained in substantial compliance with the terms of (i) the declaration 5 of condo and/or other documents required by paragraph (a) above, and (ii) any permits or 6 approvals issued for the condominium hotel. Thereafter, the condo association shall provide such 7 an affidavit upon the request of the Planning and Development Services Director. 8 E. Length of Stay: For each condominium hotel unit, the owner of the unit is authorized to stay in the 9 unit for no longer than the applicable length of stay limit, as set forth below. At all other times, 10 each unit shall be used for short term occupancy purposes only. It is the intent of this section that 11 the owner of the unit shall not be eligible to claim the unit as his or her homestead for the purposes 12 of qualifying for the homestead ad-valorem real property tax exemption. The length of stay limit 13 shall be determined as follows: 14 1. If more than seventy-five percent (75%) of the units in the Hotel, Motel or Resort are condo-15 hotel units, then the length of stay limit is fifty-six (56) days per calendar year, fourteen (14) 16 days per quarter (i.e. the owner of a condo-hotel unit may not stay in his or her unit for more 17 than fifty-six (56) days per calendar year, or more than fourteen (14) days per quarter, and 18 at all other times the unit shall be available to the public for short term occupancy purposes 19 only). 20 2. If more than fifty percent (50%) of the units, but no more than seventy-five percent (75%) of 21 the units in the hotel, motel or resort are condo-hotel units, then the length of stay limit is 22 thirty (30) consecutive days and no more than ninety (90) total days per calendar year (a unit 23 owner may not stay in his or her unit longer than thirty (30) consecutive days, and no more 24 than ninety (90) total days in any calendar year. At all other times the unit shall be available 25 to the public for short term occupancy purposes only). 26 3. If no more than fifty percent (50%) of the units in the hotel, motel or resort are condo-hotel 27 units, then the length of stay limit is thirty (30) consecutive days and no more than one 28 hundred eighty (180) total days in any calendar year (a unit owner may not stay in his or her 29 unit longer than thirty (30) consecutive days and no more than one hundred eighty (180) 30 total days in any calendar year. At all other times the unit shall be available to the public for 31 short term occupancy purposes only). 32 4. If no more than 35% of the units in the Hotel, Motel or Resort are condo-hotel units, then the 33 length of stay limit is 30 consecutive days and no more than 180 total days in a calendar year 34 (A unit owner may not stay in his or her unit longer than 30 consecutive days, and no more 35 than 180 total days in any calendar year. At all other times the unit shall be available to the 36 public for short term occupancy purposes only.) Upon approval by the County Commission 37 through the site plan approval process, up to 5% of the total units may be exempted from the 38 length of stay requirements. However, this does not exempt the owner from mandatory 39 participation in the requirement to make the unit available to the public for short term 40 occupancy purposes when not occupied. 41 42 PART B. CONFLICTING PROVISIONS. 43 44 Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, 45 County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby 46 superseded by this ordinance to the extent of such conflict. 47 48 4.A.c Packet Pg. 21 At t a c h m e n t 4 . A . c : D r a f t O r d i n a n c e ( 3 6 8 7 : O r c h i d B e a c h T L D C ) Ordinance No. File No.: TLDC-720165040 Page 4 Underline is for Addition Strike Through is for Deletion 1 PART C. SEVERABILITY. 2 3 If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative, 4 or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any 5 provision thereof shall be held to be inapplicable to any person, property, or circumstance, such 6 holding shall not affect its applicability to any other person, property, or circumstance. 7 8 9 PART D. APPLICABILITY OF ORDINANCE. 10 11 This ordinance shall be applicable in the unincorporated area of St. Lucie County. 12 13 14 PART E. FILING WITH THE DEPARTMENT OF STATE. 15 16 The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of 17 Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. 18 19 20 PART F. EFFECTIVE DATE. 21 22 This ordinance shall take effect upon filing with the Department of State. 23 24 25 PART G. ADOPTION. 26 27 After motion and second, the vote on this ordinance was as follows: 28 29 Kim Johnson, Chair XXX 30 Chris Dzadovsky, Vice-Chair XXX 31 Tod Mowery, Commissioner XXX 32 Frannie Hutchinson, Commissioner XXX 33 Paula Lewis, Commissioner XXX 34 35 PART H. CODIFICATION. 36 37 Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, 38 and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the 39 sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, 40 however, that Parts B through H shall not be codified. 41 42 4.A.c Packet Pg. 22 At t a c h m e n t 4 . A . c : D r a f t O r d i n a n c e ( 3 6 8 7 : O r c h i d B e a c h T L D C ) Ordinance No. File No.: TLDC-720165040 Page 5 Underline is for Addition Strike Through is for Deletion 1 PASSED AND DULY ENACTED this __ day of ___________. 2 3 4 5 Attest: Board of County Commissioners 6 St. Lucie County, Florida 7 8 9 10 By: 11 Deputy Clerk Chair 12 13 14 15 16 Approved As To Form and 17 Correctness: 18 19 20 21 By: 22 County Attorney 23 24 25 26 4.A.c Packet Pg. 23 At t a c h m e n t 4 . A . c : D r a f t O r d i n a n c e ( 3 6 8 7 : O r c h i d B e a c h T L D C ) Project Information Project Name: Orchid Beach Resort Site address: 2600 N AlA, Fort Pierce, FL 34949 I ParceilD Number(s): 1425-701-0206-000-4 Legal Description: (Attach additional sheets if necessary -also must be provided in MS Word format on CD) See attached. Property location -SectionlTownship/Range: _2_5_1_3_4_S_I_4_0_E ______ _ Property size -acres: 11.78 Square footage: 512,933.941 Future Land Use Designation: _c_o_m_m_e_r_c_i _a_l ___________ _ Zoning District: Commercial Resort Description of project: (Attach additional sheets if necessary) See attached project justification letter. Type of construction (check all applicable boxes): ~ Commercial Total Square Footage: Existing Proposed: 37, 614 SF o Industrial Total Square Footage: Existing Proposed: 1&1 Residential No. of residential units: Existing Proposed: 9 units No. of subdivided lots: Existing Proposed: o Other Please specify: Number and size of out parcels (if applicable): ___________________ _ Page 4 of6 Revised March 15, 2016 4.A.d Packet Pg. 26 At t a c h m e n t 4 . A . d : A p p l i c a t i o n O r c h i d B e a c h T L D C ( 3 6 8 7 : O r c h i d B e a c h T L D 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 Aeelicant Information {Proeertll Develoeer}: Agent Information: Business Name: Business Name: Cotleur & Hearing Name: Orchid Beach LLC Name: Daniel T. Sorrow Address: 277 Royal Poincianca Way, #156 Address: 1934 Commerce Lane, Suite 1 Palm Beach, FL 33480 Jupiter, FL 33458 (Please use an address that can accept overnight (Please use an address that can accept overnight packages) packages) Phone: (561) 833-5500 Phone: ( 561) 747-6336 xl12 Fax: Fax: Email: george@heatoncompanies.com Email: dsorrow@cotleur-hearing.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 of all eroeertll 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. SEE ATTACHED OWNER AUTHORIZATION LETTER Property Owner Signature Mailing Address: ____________ _ Property Owner Name (Printed) Phone: _______________ __ If more than one owner, please submit additional pages STATE OF ______ , COUNTY OF _______ __ The foregoing instrument was acknowledged before me this _____ day of _____ , 20 ___ _ by __________________ who is personally known to me or who has produced ____________________ as identification. Signature of Notary Type or Print Name of Notary ____________ Commission Number (Seal) Page 50f6 Revised March 15, 2016 4.A.d Packet Pg. 27 At t a c h m e n t 4 . A . d : A p p l i c a t i o n O r c h i d B e a c h T L D C ( 3 6 8 7 : O r c h i d B e a c h T L D C ) Supplement 7 LDC Text Amendment Application Supplement Refer to Land Development Code (LDC) Section 11.06.00 for details 1. If you are requesting an amendment to the text of the LDC, the precise wording of any proposed amendment to the text shall be provided: If no more than fifty percent (50%) of the units in the hotel. motel, or resort are condo-hotel units, five percent (5%) of the total number of un~ts may be exempted from the length of stay l~m~t. 2. Please give a statement describing any changed conditions that would justify an amendment: Market conditions have changed since the original ordinance was approved and current trends necessitate a seasonal approach to residency without length of stay requirements. 3. Please give a statement describing why there is a need for the proposed amendment: The proposed amendment would provide necessary flexjbility in the length of stay limits that are placed on condo-hotel owners, thereby increas~ng market demand. 4. Please give a statement describing whether and how the proposed amendment conforms to the St. Lucie County Comprehensive Plan: The proposed amendment will only apply to land use designations that permit the use of condominium hotel units. The amendment will allow for greater flexibility and will promote seasonal tourism development in the County. 5. Please give a statement outlining the extent to which the proposed amendment: A) Is compatible with existing land uses; The proposed amendment will only apply to zoning districts that permit the use of condominium hotel units. Therefore, the amendment is compatible with existing land uses. Page 1 of 2 Revised: February 10, 2011 4.A.d Packet Pg. 28 At t a c h m e n t 4 . A . d : A p p l i c a t i o n O r c h i d B e a c h T L D C ( 3 6 8 7 : O r c h i d B e a c h T L D C ) Supplement 7 8) Affects the capacities of public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; (Would it exceed the capacity of the above public facilities?) The proposed amendment will not affect capacities of public facilities because it does not change the number of people but the length of stay . The number of residents is the same. C) Affects the natural environment; (If no adverse impacts are anticipated, please explain why.) No adverse impacts are anticipated because the length of stay of the owner does not impact the burden or stress on the environment. D) Will result in an orderly and logical development pattern; (Identify any negative effects.) The proposed amendment will allow for greater flexibility in land uses within the applicable zoning districts which incorporate condo-hotel :Qrovisionli? 6. please explain the applicant's interest in the subject ,amendment and how it affects their property; The applicant requests to add a small number of detached units to the property that would be exempt from the length of stay limits. 7. Please include such other information or documentation as the Planning & Development Services Director may deem necessary or appropriate to a full and proper consideration and disposition of this particular application. Please Note: This LDC Text Amendment Application Supplement will not be considered complete without the Development Application, complete with notarized Signatures of all persons applying for this amendment, or giving their consent to the filing of this application and supplement. ~\~ To SoIlJLO~ Applicant or Agent Name (Printed) Page 2 of2 Revised: February 10, 201 1 /·14 ·/fo Signature 4.A.d Packet Pg. 29 At t a c h m e n t 4 . A . d : A p p l i c a t i o n O r c h i d B e a c h T L D C ( 3 6 8 7 : O r c h i d B e a c h T L D C ) Landscape Architects I Land Planners I Environmental Consultants 1934 Commerce Lane  Suite 1  Jupiter, Florida  33458  Ph 561.747.6336  Fax 561.747.1377  www.cotleurhearing.com  Lic # LC26000535 Orchid Beach Resort Justification Statement July 12, 2016 Project Summary The subject property is an 11.78 acre site located on Hutchinson Island at the northeast corner of the intersection of North Highway A1A and Shorewinds Drive. The applicant, Orchid Beach LLC, intends to purchase the subject property and is seeking Major Site Plan approval. Additionally, the applicant is seeking a Text Amendment to the Land Development Code to allow for 5% of the total number of condo-hotel units to be exempt from the length of stay requirements. The Future Land Use designation of the subject parcel is Commercial. The zoning designation of the parcel is Commercial Resort (CR). The property is located on the beach and is bordered to the north by a condominium building. Residential and commercial development are located to the west of the property. The property is bordered to the south by vacant land and a motel. The applicant is seeking approval to develop a ten-story hotel with 160 rooms, 50 condominiums, and 9 detached units. The hotel includes a variety of amenities such as a pool, venue space, and beach access. Additionally, the development incorporates a 3,132 SF market and 6,385 SF restaurant. Parking is provided on-site by a surface lot as well as a two-story parking deck. The applicant is proposing to provide parking along Shorewinds Drive which can also serve a public benefit to the community. Justification The St. Lucie County Land Development Code establishes the purpose for the Commercial Resort district as follows: The purpose of this district is to provide and protect an environment suitable for the development and operation of resorts that are intended to serve both resident and nonresident populations, over a large market area. This district is not intended for general application, but should be generally limited to only those areas of the County that have been specifically determined by the County Commission to be suitable for resorts that promote convention, entertainment, civic and related activities, or that combine multi-activity centers or venues, intended to promote economic development, broaden the tax base, protect and leverage public investment with private investment, 4.A.d Packet Pg. 32 At t a c h m e n t 4 . A . d : A p p l i c a t i o n O r c h i d B e a c h T L D C ( 3 6 8 7 : O r c h i d B e a c h T L D C ) ensure land use compatibility with existing residential areas, ensure good pedestrian movement systems, and provide exceptional design quality. The proposed development is aligned with this purpose. The resort features a variety of amenities that will provide entertainment and promote tourism in the County. The design of the site facilitates a coastal experience that will be attractive to tourists. The detached condo units will feature the Key West vernacular which will further add to the coastal resort atmosphere. The resort will provide necessary hotel space for Hutchinson Island. The proposed restaurant will provide an attractive waterfront dining experience to the residents of St. Lucie County. The retail market will give the residents of Hutchinson Island more options for purchasing goods. Overall, the development will provide the public with shopping, dining, and leisure opportunities within a coastal resort style atmosphere. Amenities Developments in the CR Zoning District must provide one (1) signature amenity and five (5) secondary amenities to be consistent with the Code. The Code defines the two types of amenities as follows: 2. Signature Amenity: Any resort property containing rental units intended for short-term occupancy on any parcel of land zoned CR (Commercial Resort) must provide for signature amenities. Signature amenities are amenities, attractions and/or geographically significant attributes that a permitted use in the CR Zoning District is required to provide access to in order to be considered a resort hotel consistent with the intent of the CR Zoning District. Uses considered to be signature amenities include, but are not necessarily limited to the following examples: • Beach: Beach and ocean frontage (beach access with no frontage does not apply.); • River: Frontage/access onto estuarine and non-estuarine waters of sufficient size and quality to support public use or activities; • Boating: Marina or dock facilities (fuel facilities optional); • Spa: Spa/health/wellness facilities; • Golf: Golf course(s) and related golf amenities • Tennis or Other Sports: Tennis or other court or field-based sport facilities of size and quality to support tournament competition; • Dude Ranch: Working ranch with equestrian facilities; and • All-inclusiveness. • Anchor Attribute: An anchor attribute is a collection of secondary recreation/leisure/entertainment experiences, as described below, which share a common theme. To be identified as an anchor attribute, a minimum of five (5) recreation/leisure/entertainment experiences linking to a common theme must 4.A.d Packet Pg. 33 At t a c h m e n t 4 . A . d : A p p l i c a t i o n O r c h i d B e a c h T L D C ( 3 6 8 7 : O r c h i d B e a c h T L D C ) be provided. Examples include but are not limited to: couples, family, educational, or tropical. 3. Secondary Recreation/Leisure/Entertainment Experiences: A secondary recreation/leisure/entertainment experience is a secondary amenity that adds to the resort experience. While such secondary amenities are not considered primary resort features, they are important in creating the appropriate atmosphere and providing a range of activities for guests to participate in. The proposed development provides beach frontage as its signature amenity. Additionally, the development provides a variety of secondary amenities including the swimming pool, spa, venue area, public beach access, restaurant, and market. The combination of these amenities will create an attractive resort experience that is consistent with the intent of the CR Zoning District. Parking The parking requirements for St. Lucie County are provided by the Institution of Transportation Engineers Parking Generation (ITE). The ITE parking requirement for hotels is 0.9 spaces per room. The proposed hotel contains 210 rooms in total (160 rooms and 50 condos). Therefore, the required number of spaces for the hotel is 189. The required parking for a quality restaurant is 16.4 spaces per 1,000 SF. The proposed restaurant is 6,385 SF. Therefore, the required parking for the restaurant is 105 spaces. The required parking for a convenience market located in an urban area is 3.11 spaces per 1,000 SF. The proposed market is 3,504 SF, so the required parking for the market is 10 spaces. Based on these calculations, the total required number of parking spaces for the site is 302 spaces. The proposed site plan provides 338 spaces which exceeds the required number of spaces; therefore, parking on the site is adequate. Landscaping The Land Development Code lists specific requirements for landscaping in the CR Zoning District including (a) buffering and screening; (b) responsive to local context and character; and (c) use of native and drought resistant plants. The proposed landscape plan exceeds the minimum qualifications established by the Code. The plan incorporates lush semi-tropical landscaping that is designed to enhance the coastal resort experience for the users. Conclusion The proposed development is consistent with the applicable requirements of the Land Development Code. The proposed plan incorporates a variety of amenities that will provide 4.A.d Packet Pg. 34 At t a c h m e n t 4 . A . d : A p p l i c a t i o n O r c h i d B e a c h T L D C ( 3 6 8 7 : O r c h i d B e a c h T L D C ) opportunities for entertainment and leisure. The design of the site emphasizes a coastal resort style experience that will attract tourists to the area. Please feel free to contact this office with any questions you may have. Sincerely yours, Cotleur & Hearing Daniel T. Sorrow, AICP, RLA, LEED AP BD+C Project Manager 4.A.d Packet Pg. 35 At t a c h m e n t 4 . A . d : A p p l i c a t i o n O r c h i d B e a c h T L D C ( 3 6 8 7 : O r c h i d B e a c h T L D C ) 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 TEXT AMENDMENT TO THE LAND DEVELOPMENT CODE BECAUSE…. [CITE REASON(S) WHY – PLEASE BE SPECIFIC] MOTION TO DENY: 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 DENY APPROVAL OF THE PROPOSED TEXT AMENDMENT TO THE LAND DEVELOPMENT CODE BECAUSE…. [CITE REASON(S) WHY – PLEASE BE SPECIFIC] 4.A.e Packet Pg. 36 At t a c h m e n t 4 . A . e : S u g g e s t e d M o t i o n ( 3 6 8 7 : O r c h i d B e a c h T L D C ) Form 11-05 P&Z Display Ad-No Map ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA September 15, 2016 NOTICE OF A PROPOSED TEXT AMENDMENT TO THE LAND DEVELOPMENT CODE The St. Lucie County Planning and Zoning Commission is scheduled to review and make recommendations regarding the following item petitioned by the applicant for adoption by the Board of County Commissioners of St. Lucie County, Florida, by ordinance: ORDINANCE AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE, SECTION 7.10.32 SUPPLEMENTAL STANDARDS FOR CONDOMINIUM HOTEL UNIT USE LENGTH OF STAY; 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. APPLICANT: Orchid Beach, LLC FILE NUMBER: TLDC-720165040 PURPOSE: The applicant, Orchid Beach, LLC has filed a text amendment to the Land Development Code that proposes to expand upon the existing length of stay requirements for owners of condominium-hotel units. The Planning and Zoning Commission PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County on Thursday, September 15, 2016 beginning at 6:00 pm or as soon thereafter as possible. All interested persons will be 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 - Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Planning and Development Services Department – Planning Offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida, during regular business hours. Please call (772) 462-2822 or TDD (772) 462-1428 if you have any questions or require additional information about this petition. 4.A.f Packet Pg. 37 At t a c h m e n t 4 . A . f : T r i b u n e A d O r c h i d B e a c h T L D C ( 3 6 8 7 : O r c h i d B e a c h T L D C ) Form 11-05 P&Z Display Ad-No Map 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 Commission are electronically recorded. PURSUANT TO 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 meeting 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 be 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 date certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk Manager at least forty-eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772) 62-1428. PLANNING AND ZONING COMMISSION/ LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA /S/ STEPHANIE MORGAN, CHAIRMAN PUBLISH DATE: Thursday, September 1, 2016 18 pt type for heading No smaller than 2 column inches wide by 10 inches long Send Proof to: St. Lucie County Planning and Development Services Department 2300 Virginia Avenue Fort Pierce, FL 34982 Phone - (772) 462-2822 Fax - (772) 462-1581 Send Bill to: St. Lucie County Planning and Development Services Department 2300 Virginia Avenue Fort Pierce, FL 34982 Phone - (772) 462-2822 Fax - (772) 462-1581 4.A.f Packet Pg. 38 At t a c h m e n t 4 . A . f : T r i b u n e A d O r c h i d B e a c h T L D C ( 3 6 8 7 : O r c h i d B e a c h T L D C ) Page 1 7.10.32. - Supplemental Standards for Condominium Hotel Unit Uses. Condominium hotel units may be utilized in any zoning district permitting the use of hotel/motel or resort units subject to the following use standards: A. Declaration of Condominium: A declaration of condominium and/or other documents satisfactory to the County Attorney will be recorded in the public records to: 1. Provide for the long term maintenance and operation of the condominium hotel and it's amenities as a hotel in accordance with the terms and requirements of this chapter, any permits or approvals issued for the condominium hotel and Florida Statutes, 2. Provide for the enforcement of the length of stay limitations set forth in paragraph E below, and 3. Provide notice to future purchasers of the County's right to enforce the foregoing length of stay limitation and the terms and requirements of this chapter and any permits or approvals issued for the condo-hotel. Approval of the site plan for a project containing condominium hotel units may be conditioned upon the property owner recording such declaration of condominium and/or other documents satisfactory to the County Attorney prior to issuance of a building permit for the project. B. Owner's Association: A condominium association, or equivalent, shall be established to govern, maintain and operate the condo-hotel, its amenities and services including, but not limited to, housekeeping for all public areas (including lobby and hallways) and guest rooms, the front desk, concierge services, banquet/ballroom facilities, restaurants, spas, pools and any other amenities or services, as a hotel in accordance with the terms and requirements of the declaration of condo and any permits or approvals issued for the condo-hotel. C. Management of Condominium Hotel: The declaration of condominium shall require the condo association to hire a single qualified professional management entity to maintain and operate the condo-hotel. The management entity shall offer short term rental services to all owners of the condo-hotel units. Regardless of whether a unit owner utilizes the management entity to rent the unit, all persons renting units shall be required to check-in and check-out through the front desk reservation system operated by the management entity, and the management entity shall handle all room service, maid service and room maintenance for the individual units. D. Reporting and Inspection: Starting on the one-year anniversary of the issuance of the certificate of occupancy, or equivalent, for the condominium hotel, and annually thereafter for the next four (4) years (five (5) years total reporting period), the condominium association shall deliver to the Planning and Development Services Director an affidavit confirming that the condominium hotel is being operated and maintained in substantial compliance with the terms of (i) the declaration of condo and/or other documents required by paragraph (a) above, and (ii) any permits or approvals issued for the condominium hotel. Thereafter, the condo association shall provide such an affidavit upon the request of the Planning and Development Services Director. E. Length of Stay: For each condominium hotel unit, the owner of the unit is authorized to stay in the unit for no longer than the applicable length of stay limit, as set forth below. At all other times, each unit shall be used for short term occupancy purposes only. It is the intent of this section that the owner of the unit shall not be eligible to claim the unit as his or her homestead for the purposes of qualifying for the homestead ad-valorem real property tax exemption. The length of stay limit shall be determined as follows: 1. If more than seventy-five percent (75%) of the units in the Hotel, Motel or Resort are condo- hotel units, then the length of stay limit is fifty-six (56) days per calendar year, fourteen (14) days per quarter (i.e. the owner of a condo-hotel unit may not stay in his or her unit for more than fifty-six (56) days per calendar year, or more than fourteen (14) days per quarter, and 4.A.g Packet Pg. 39 At t a c h m e n t 4 . A . g : L D C 7 . 1 0 . 3 2 S u p p l e m e n t a l S t a n d a r d s f o r C o n d o m i n i u m H o t e l U n i t U s e s ( 3 6 8 7 : O r c h i d B e a c h T L D C ) Page 2 at all other times the unit shall be available to the public for short term occupancy purposes only). 2. If more than fifty percent (50%) of the units, but no more than seventy-five percent (75%) of the units in the hotel, motel or resort are condo-hotel units, then the length of stay limit is thirty (30) consecutive days and no more than ninety (90) total days per calendar year (a unit owner may not stay in his or her unit longer than thirty (30) consecutive days, and no more than ninety (90) total days in any calendar year. At all other times the unit shall be available to the public for short term occupancy purposes only). 3. If no more than fifty percent (50%) of the units in the hotel, motel or resort are condo-hotel units, then the length of stay limit is thirty (30) consecutive days and no more than one hundred eighty (180) total days in any calendar year (a unit owner may not stay in his or her unit longer than thirty (30) consecutive days and no more than one hundred eighty (180) total days in any calendar year. At all other times the unit shall be available to the public for short term occupancy purposes only). (Ord. No. 15-002, Pt. A, 4-7-2015) 4.A.g Packet Pg. 40 At t a c h m e n t 4 . A . g : L D C 7 . 1 0 . 3 2 S u p p l e m e n t a l S t a n d a r d s f o r C o n d o m i n i u m H o t e l U n i t U s e s ( 3 6 8 7 : O r c h i d B e a c h T L D C ) ITEM NO. (ID # 3766) DATE: 02/16/2017 AGENDA REQUEST * QUASI-JUDICIAL BACKGROUND: Orchid Beach, LLC is requesting Preliminary/Final Planned Non-Residential Development (PNRD) Site Plan approval for a Commercial Resort on an approximately 12 acre parcel of land located on North Hutchinson Island at the northeast intersection of Shorewinds Drive and Highway A1A. The subject vacant property is zoned CR (Commercial Resort) which is consistent with the COM (Commercial) future land use and is within the Hutchinson Island Zoning Overlay District which restricts the maximum building height to 125 feet. St. Lucie County Utilities will provide water and wastewater service for this project. Project Details The proposed Resort consists of the following uses: Hotel 135 hotel rooms/60 condominium hotel units Conference/Meeting Rooms 8,515 s.f. Spa 1,836 s.f. Fitness Facility 1,202 s.f. Restaurant/Bar 6,192 s.f. Outdoor Swimming Pool Outdoor Venue Area Parking Garage (2-Story) 201 spaces Detached Condominium Hotel Units 9 units Restaurant (Quality) 8,785 s.f. Retail Market 3,806 s.f. * A total of 69 condominium hotel units are proposed. The Board of County Commissioners through the site plan review process, may approve up to five (5) percent or a maximum of (10) condominium hotel units that are not restricted to length of stay as per proposed applicant initiated LDC Text Amendment. The applicant has identified that the nine (9) detached condominium hotel units would be exempt from TO: St. Lucie County Planning & Zoning Commission PRESENTED BY: Jeffrey Johnson, Senior Planner SUBMITTED BY: Planning Division SUBJECT: Resolution - Preliminary/Final Planned Non Residential Development (PNRD) Site Plan 4.B Packet Pg. 41 Updated: 2/8/2017 12:25 PM by Jeffrey Johnson Page 2 the length of stay requirement which requires a unit owner to not stay in his or her unit longer than 30 consecutive days and no more than 180 total days in any calendar year. Please see attached staff report for a detailed analysis. PREVIOUS ACTION: November 3, 2015 - The Board of County Commissioners through Ordinance No. 15-011 and Resolution No. 15-187, approved an Amendment to the Future Land Use Map from RM (Residential, Medium - 9 du/acre) to COM (Commercial) and an Amendment to the Official Zoning Atlas from HIRD (Hutchinson Island Residential District) to CR (Commercial Resort), respectively. September 15, 2016 - The Planning and Zoning Commission, at the request of the applicant's agent continued the item to date certain February 16, 2017. February 2, 2017 - The applicant's agent submitted a request to withdraw the project applications. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Planning and Zoning Commission accept the request to withdraw the Preliminary/Final Planned Non Residential Development (PNRD) Site Plan petition. COMMISSION ACTION: 4.B Packet Pg. 42 Updated: 2/8/2017 12:25 PM by Jeffrey Johnson Page 3 Coordination/Signatures 4.B Packet Pg. 43 4.B.a Packet Pg. 44 At t a c h m e n t 4 . B . a : W i t h d r a w L e t t e r ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.a Packet Pg. 45 At t a c h m e n t 4 . B . a : W i t h d r a w L e t t e r ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) Planning and Development Services Planning Division M E M O R A N D U M TO: Planning and Zoning Commission THROUGH: Leslie Olson, AICP, Director Bonnie C. Landry, AICP, Planning Manager FROM: Jeffrey Johnson, Senior Planner DATE: September 15, 2016 SUBJECT: Orchid Beach Resort - Preliminary and Final Planned Non Residential Development (PNRD) Site Plan GENERAL INFORMATION: Applicant/Property Owner: Orchid Beach, LLC Agent for Applicant: Cotleur and Hearing – Daniel Sorrow Location: 2600 North Highway A1A, Fort Pierce, FL 34989 Size of Development: 11.93 acres Tax Identification Number: 1425-701-0206-000-4 Zoning: CR (Commercial, Resort) Zoning Overlay: Hutchinson Island – Building Height Future Land Use: COM (Commercial) Wetlands: None 4.B.b Packet Pg. 46 At t a c h m e n t 4 . B . b : S t a f f R e p o r t ( P l a n n i n g a n d Z o n i n g C o m m i s s i o n ) ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) Orchid Beach Resort Preliminary/Final PNRD Site Plan PNRD 720165039 September 15, 2016 Page 2 Utilities: St. Lucie County Utilities Urban Services Boundary: Inside Adjacent Land Use/Zoning: Future Land Use Zoning Existing Use(s) North RM (Residential Medium – 9 du/acre) HIRD (Hutchinson Island Residential District) Aquanique Ocean Club Condominium South RU (Residential Urban – 5 du/acre) HIRD (Hutchinson Island Residential District) and RS-4 (Residential, Single Family – 4) Fort Pierce Shores Unit 3 – Vacant, German American Motel and Multi-Family Residences East N/A N/A Atlantic Ocean West RM (Residential Medium – 9 du/acre) and RU (Residential Urban – 5 du/acre) HIRD (Hutchinson Island Residential District) and CN (Commercial, Neighborhood) Cumberland Farms Convenience Store/Fueling Station and Coral Cove Beach Condominium BACKGROUND: Orchid Beach, LLC is requesting Preliminary/Final Planned Non Residential Development (PNRD) Site Plan approval for a Commercial Resort on an approximately 12 acre parcel of land located on North Hutchinson Island at the northeast intersection of Shorewinds Drive and Highway A1A. The subject vacant property is zoned CR (Commercial Resort) which is consistent with the COM (Commercial) future land use and is within the Hutchinson Island Zoning Overlay District which restricts the maximum building height to 125 feet. St. Lucie County Utilities will provide water and wastewater service for this project. Project Details The proposed Resort consists of the following uses: Hotel 135 hotel rooms/60 condominium hotel units Conference/Meeting Rooms 8,515 s.f. Spa 1,836 s.f. Fitness Facility 1,202 s.f. Restaurant/Bar 6,192 s.f. Outdoor Swimming Pool 4.B.b Packet Pg. 47 At t a c h m e n t 4 . B . b : S t a f f R e p o r t ( P l a n n i n g a n d Z o n i n g C o m m i s s i o n ) ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) Orchid Beach Resort Preliminary/Final PNRD Site Plan PNRD 720165039 September 15, 2016 Page 3 Outdoor Venue Area Parking Garage (2-Story) 201 spaces Detached Condominium Hotel Units 9 units Restaurant (Quality) 8,785 s.f. Retail Market 3,806 s.f. * A total of 69 condominium hotel units are proposed. The Board of County Commissioners through the site plan review process, may approve up to five (5) percent (or a maximum of 10 condominium hotel units) that are not restricted to length of stay as per proposed applicant initiated LDC Text Amendment. The applicant has identified that the nine (9) detached condominium hotel units would be exempt from the length of stay requirement which requires a unit owner to not stay in his or her unit longer than 30 consecutive days and no more than 180 total days in any calendar year. Neighborhood Meeting The applicant held a neighborhood meeting with approximately 30 residents located within a 500 foot radius of the proposed project on September 1, 2016. In general, the design of the buildings and uses were well received and welcomed as much needed amenities on the Island. A handful of residents expressed concerns in regard to the proposed on-street parking spaces adjacent to Shorewinds Drive. The residents felt the supply of on-street parking could invite an increased number of visitors that will access the beach which in turn may require the need for additional beach maintenance. There is an existing 10’ x 35’ foot wide beach access easement (as recorded in ORB 62, Page 506) which is unimproved on the property to the south that has is currently accessed by the public. While the access starts on the adjacent property to the south, the survey shows the path meanders into the Orchid Beach Resort property. The applicant has agreed, per request of staff, to relocate the public access fully onto the Resort property as a public access amenity. PRELIMINARY/FINAL PNRD SITE PLAN STANDARDS OF REVIEW AS SET FORTH IN LDC, SECTION 11.02.07 Land Development Code, Section 11.02.07 establishes the standards of review for site plans. Site plan approval shall be granted only if the applicant demonstrates compliance with the following criteria. The Planning and Zoning Commission may recommend conditions and safeguards necessary to mitigate impacts and to ensure compatibility of the proposed use with the surrounding area. 4.B.b Packet Pg. 48 At t a c h m e n t 4 . B . b : S t a f f R e p o r t ( P l a n n i n g a n d Z o n i n g C o m m i s s i o n ) ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) Orchid Beach Resort Preliminary/Final PNRD Site Plan PNRD 720165039 September 15, 2016 Page 4 A. Consistency with Local Ordinances and Comprehensive Plan. Consistency with CR (Commercial Resort) Zoning District Requirements, The purpose of the CR (Commercial Resort) district as per LDC, Section 3.01.03 – Zoning Districts, is to provide and protect an environment suitable for the development and operation of resorts that are intended to serve both resident and nonresident populations, over a large market area. This district is not intended for general application, but should be generally limited to only those areas of the County that have been specifically determined by the County Commission to be suitable for resorts that promote convention, entertainment, civic and related activities, or that combine multi-family centers or venues, intended to promote economic development, broaden the tax base, protect and leverage public investment with private investment, ensure land use compatibility with existing residential areas, ensure good pedestrian movement systems, and provide exceptional design quality. Land Use Compatibility, Minimum Parcel Size and Unified Control The subject property is zoned CR, Commercial Resort zoning which is consistent with the COM future land use and complies with the minimum five (5) acre parcel size for the development of a commercial resort with hotel and condominium units. A Commercial Resort is a permitted use in the CR zoning district and requires it to be developed through the Planned Development process as per LDC, Section 3.01.03 – Zoning Districts (Commercial Resort). The subject approximately 12 acre parcel is unified as a single parcel under common ownership. Requirements for Site Plan Review/Approval The Planned Development process is intended to achieve non-residential land development of superior quality through the encouragement of flexibility and creativity in design options that: 1. Permit creative approaches to the development of non-residential land reflecting changes in the technology of land development; 2. Allow for the efficient use of land, which can result in smaller networks of utilities and street and thereby lower development costs; 3. Allow design options that encourage an environment of stable character, compatibility with surrounding land uses; and 4. Permit the enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities, and the preservation of recreation areas and open space. 4.B.b Packet Pg. 49 At t a c h m e n t 4 . B . b : S t a f f R e p o r t ( P l a n n i n g a n d Z o n i n g C o m m i s s i o n ) ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) Orchid Beach Resort Preliminary/Final PNRD Site Plan PNRD 720165039 September 15, 2016 Page 5 Dimensional Requirements - Building Spacing and Setbacks The project has been designed with the 10-story hotel/condominium building and two- story parking garage positioned near the front of the property so as not to impact ocean views from the residents in the adjacent condominium to the north and to provide an aesthetically pleasing visual impact at the corner of the street intersection. The minimum dimensional yard or building setback requirements in the CR, Commercial Resort Zoning District shall be in accordance with LDC, Section 7.04.01, Table 7-10 as noted below, however the Board of County Commissioners shall determine the dimensional requirements (setbacks and building spacing) for the project at the time of final site plan approval. Minimum Dimensional Requirements CR Zoning District Minimum Front Yard Minimum Rear Yard Minimum Side Yard Min. Street Side Yard CR Zoning District 25 ft.* 20 ft.* 10 ft.* 20 ft.* *For three (3) or more dwelling units, motel, or hotel uses, use the building spacing formula identified in LDC, Section 7.04.03 – Building Spacing. The applicant has provided building spacing/setback calculations for the project (see attached Building Setback and Spacing Exhibit) as required per LDC, Section 7.04.03 – Building Spacing. These calculations take into account the building heights and lengths in order to determine the minimum building setbacks and building spacing. In the table below, the minimum required building setbacks for the project have been identified by applying these calculations. It is determined that dimensional relief is needed for the front yard (hotel), interior side yard (garage), and street side yard (detached condominium hotel units and the hotel). Staff recommends the Board of County Commissioners grant relief and approve the minimum building setbacks established in the site data table for the project and the building layouts (spacing) as shown and provided in the Building Setback and Spacing Exhibit. This building arrangement on the property lessens impacts on the natural environment, provides a unified project, and compatibility with the surrounding buildings and land uses. 4.B.b Packet Pg. 50 At t a c h m e n t 4 . B . b : S t a f f R e p o r t ( P l a n n i n g a n d Z o n i n g C o m m i s s i o n ) ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) Orchid Beach Resort Preliminary/Final PNRD Site Plan PNRD 720165039 September 15, 2016 Page 6 Minimum Dimensional Requirements Orchid Beach Resort PNRD Minimum Front Yard Minimum Rear Yard Minimum Side Yard Min. Street Side Yard Required Orchid Beach PNRD 125 ft. (hotel) 30 ft. (market) 41 ft. (garage) 38 ft. (restaurant) 29 ft. (condos) 74 ft. (garage) 21 ft. (market) 47 ft. (restaurant) 100 ft. (hotel) 39 ft. (condos) Provided Orchid Beach PNRD 121 ft. (hotel) 54 ft. (market) 69 ft. (garage) 436 ft. (restaurant) 391 ft. (condos) 59 ft. (garage) 39 ft. (market) 48 ft. (restaurant) 96 ft. (hotel) 22 ft. (condos) Density The density of the proposed development is 18.6 hotel/condominium units/acre (minus lands below the mean high water line), which is less than 36 units/acre allowed. The proposed building coverage is 18%, less than the 50% maximum lot coverage by buildings required by the LDC for commercial projects. Requirement for Resort Amenities The proposed Commercial Resort is a full-service facility that provides access to or offers a range of amenities and recreation facilities that emphasize a leisure experience in a vacation-oriented setting. As per LDC requirements, services for business meetings, conferences or conventions have been provided along with on-site management services that are available 24 hours a day/7 days a week. The proposed resort development complies with the following minimum required amenities as listed below. Minimum Required Resort Amenities Provided Amenities Number of Rooms or Other Accommodations (25 rooms) 135 Hotel Rooms and 69 Condominium Hotel Units One (1) Signature Amenity Two (2) - Beach and Spa Five (5) Secondary Recreation, Leisure, Entertainment Experiences Six (6) - Meeting/Conference Facilities, Bar, Fitness Facility, Swimming Pool, Retail Shop, and Outdoor Venue Area, One (1) Full-Service Food and Beverage Outlet Two (2) - Restaurant/Bar 4.B.b Packet Pg. 51 At t a c h m e n t 4 . B . b : S t a f f R e p o r t ( P l a n n i n g a n d Z o n i n g C o m m i s s i o n ) ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) Orchid Beach Resort Preliminary/Final PNRD Site Plan PNRD 720165039 September 15, 2016 Page 7 In addition, and as a public benefit, the applicant has provided 38 off-street parking spaces for the general public adjacent to Shorewinds Drive, a vehicular turn-around and a five (5) foot wide sidewalk within a public beach access easement. Vehicular Access Vehicular site access for the hotel and condominiums have been provided adjacent to Highway A1A and Shorewinds Drive. The applicant is requesting and staff recommends that the Board of County approve a waiver from LDC, Section 7.05.05 – Use of Residential Property for Access, which limits vehicular site access for ingress/egress to arterials or major collector roadways. Shorewinds Drive is a residential or local street with access to nearby neighborhoods to the south. The access will not materially adversely affect the properties to the south as it is aligned with Tamarind Drive and represents a safe and efficient movement of local traffic. To mitigate traffic impacts away from the adjacent residential uses, the applicant has provided a turn-around at the end of Shorewinds Drive for traffic to turn around and park into the back-in angled off-street parking spaces. The northern most, ingress/egress that primarily serves the free-standing restaurant and retail market adjacent to Highway A1A is 10 feet from the side property line. LDC, Section 7.05.06(C)(2)(c) – Driveways, requires that nonresidential driveways be located a minimum of 25 feet from the side property line. The applicant is requesting and staff recommends that the Board of County Commissioners grant relief from this dimensional requirement. The proposed driveway is approximately 300 feet from the driveway located on the adjacent property to the north and should not have any negative impact or create any hazard to public safety. Although there is no minimum landscape buffer required by the LDC between the proposed project and the Aquanique Ocean Club Condominium, the applicant has mitigated any adverse vehicular impacts by providing a continuous 8-foot high masonry wall within a 10-foot wide landscape buffer along the entire length of the driveway. Parking The applicant is requesting and staff recommends that the Board of County Commissioners grant a reduction in the number of parking stall spaces that are required for the project as per LDC, Section 7.06.02 – Parking Performance Standards. In accordance with LDC, Section 7.02.03(E)(1)(a) – Parking, “the number, type and location of parking spaces shall be determined at the time of Final PNRD plan approval. The number of parking spaces required by this section may be reduced 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”. The applicant’s traffic consultant, Susan O’Rourke, P.E, Inc. performed the analysis (see attached) and the County’s traffic consultant concurs that the 309 4.B.b Packet Pg. 52 At t a c h m e n t 4 . B . b : S t a f f R e p o r t ( P l a n n i n g a n d Z o n i n g C o m m i s s i o n ) ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) Orchid Beach Resort Preliminary/Final PNRD Site Plan PNRD 720165039 September 15, 2016 Page 8 parking spaces provided for the project (271 on-site and 38 on-street parking spaces along Shorewinds Drive) exceed the maximum projected parking demand of 303 vehicles. Understanding that there is a potential for the general public (non-resort guests or customers) to utilize the 38 on-street parking spaces, the project will need to be monitored following buildout to ensure that an overflow of parking does not impact adjacent residential streets south of Shorewinds Drive. Based on input provided by the applicant, shuttle service to and from the project will likely be provided, which could lessen the project’s parking demand and avoid impacting the adjacent residential area south of the project. The applicant is requesting and staff recommends that the Board of County Commissioners grant a reduction in the width of parking stalls (from 10 feet to 9 feet) in the parking garage as required per LDC, Section 7.06.03. Research conducted by staff concludes that a nine (9) foot wide standard parking space is the industry standard for most jurisdictions throughout the nation and provides for adequate room and maneuvering in and out of the space. The reduction in parking stall width should not have any negative impact on adjacent properties or create a hazard to public safety and creates efficiency within the design of the parking garage. Architectural Design The overall site plan recognizes the intersection of Highway A1A and Atlantic Beach Boulevard (where Hwy A1A, coming from the east turns north) by orienting the main building and ‘entry feature’ toward the intersection. The architect has taken care in the design of the building elevation (and entry feature and landscaping) from the perspective of traffic approaching the intersection and view of the resort from the east, which is critical. The main resort building presents an elegant modern elevation in a curved plan with balconies off the rooms providing an articulated pattern that accentuates the building’s verticality. The transition between the lower and upper stories is treated as a playful sculptured element. The resort entry is located at the apex of the curve which faces south and west towards the Fort Pierce Inlet and Indian River Lagoon and, as noted above, makes for a graceful presentation to traffic arriving from the mainland. The ‘beachside’ market, restaurant and villas provide more of a pedestrian scale and character in the fashion of Seaside and Windsor (Vero Beach). Design elements include sloping roofs, balconies and verandas, shutters, overhanging eaves- similar to features found in the American South and the Caribbean. The architecture meets and exceeds the intent of LDC, Section 3.01.03.11.3.h. – Architectural Design Standards. 4.B.b Packet Pg. 53 At t a c h m e n t 4 . B . b : S t a f f R e p o r t ( P l a n n i n g a n d Z o n i n g C o m m i s s i o n ) ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) Orchid Beach Resort Preliminary/Final PNRD Site Plan PNRD 720165039 September 15, 2016 Page 9 Open Space (Common Public and Recreation) The proposed project exceeds the minimum 35% open space requirement as noted in LDC, Section 7.02.03(H) – Open Space Standards, by providing by provding over 59% percent of the property in landscaped areas (2.65 acres) and dune preservation areas (4.40 acres). Signage The applicant is in the process of preparing a sign package to address the proposed exterior signage which will be in keeping with the Resort’s character, architecture and amenities. This signage will be scaled appropriately with the surrounding area and will be reviewed by staff and the Board of County Commissioners prior to final action. St. Lucie County Comprehensive Plan The CR (Commercial Resort) zoning designation is consistent with the Future Land Use Designation of COM as per Comprehensive Plan Table 1-3, Land Use Designation/ Zoning Compatibility Chart. The subject property is located on North Hutchinson Island and is identified as an area suitable for expanding the area's tourism draw through a commercial resort type development. This would further Comprehensive Plan Goal 10.4 that calls for expanding the tourism sector of St. Lucie County's economy. At the time of site plan development, the project will be encouraged to participate in the Florida Green Lodging Program, per Policy 10.4.1.4. B. Effect on Nearby Properties. With careful site planning and design, the petitioner has mitigated any adverse impacts the proposed development may have on adjacent properties. The two (2) loading zones and trash corrals are placed in locations (in the parking garage and the rear of the property) that will be shielded from view of the right-of-way and adjacent properties via buildings and the eight (8) foot high masonry wall. Conditions of approval are established to mitigate any noise and restrict the hours for the delivery of goods and services, the use of the outdoor swimming pool and spa, and outdoor entertainment music and venues. C. Adequacy of Public Facilities The proposed development is designed and located so there is no net public cost for the provision of water lines, sewage lines, storm and surface drainage systems, and other 4.B.b Packet Pg. 54 At t a c h m e n t 4 . B . b : S t a f f R e p o r t ( P l a n n i n g a n d Z o n i n g C o m m i s s i o n ) ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) Orchid Beach Resort Preliminary/Final PNRD Site Plan PNRD 720165039 September 15, 2016 Page 10 utility systems in order to ensure compatibility with surrounding land uses and compliance with the St. Lucie County Comprehensive Plan. Water and Wastewater Water and wastewater will be provided by St. Lucie County Utilities. A standard developer agreement will be required to reserve additional capacity prior to certificate of occupancy. A total of 105 equivalent residential connections (ERCs) have been reserved. Traffic The traffic impact study provided by Susan O’Rourke, P.E., Inc. and reviewed by the County’s Traffic Consultant is estimates 2,812 net new external daily trips, 243 net new external AM peak hour trips (118 inbound) / 125 outbound) and 225 net new external PM peak hour trips (126 inbound / 99 outbound). The traffic analysis indicates that all roadways and intersections within the project study area are projected to operate at an acceptable level of service upon buildout of the project (year 2021) and no off-site improvements are required. Access to the project site will be provided via one full access connection on Shorewinds Drive, one full access connection along SR A1A, and one right-in/right-out access connection along SR A1A. Coordination between the applicant and the Florida Department of Transportation is ongoing related to specific access connection locations along SR A1A. It is anticipated that striping modifications along the project’s SR A1A frontage will be necessary to accommodate the proposed access. D. Adequacy of Fire Protection The St. Lucie County Fire District, Fire Prevention Bureau reviewed the proposed site plan in accordance with the provisions of the State Fire Code. The development is required to connect to central water services that are necessary for domestic fire protection services. The hotel, restaurant and the retail market will be installed with fire sprinklers. The closest fire station (Station #9) is approximately ¾ mile north of the proposed development at 3395 North Highway A1A. E. Adequacy of School Facilities There are no school concurrency or capacity issues associated with this commercial development. 4.B.b Packet Pg. 55 At t a c h m e n t 4 . B . b : S t a f f R e p o r t ( P l a n n i n g a n d Z o n i n g C o m m i s s i o n ) ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) Orchid Beach Resort Preliminary/Final PNRD Site Plan PNRD 720165039 September 15, 2016 Page 11 F. Environmental Impact. Environmental Resources Department Final Report on the subject application includes the following information and analysis: The applicant proposes to remove all exotic species found onsite and restore the 3.88- acres of the coastal scrub area found onsite. The total native upland habitat to be restored and preserved in perpetuity under a Conservation Easement is equivalent to 86% of the existing native habitat found onsite. This preserve area will include portions of both the front and rear dune, which will be maintained by the Orchid Beach Property Owners Association in accordance with the ERD approved Preserve Area Monitoring and Management Plan (PAMMP). The applicant has proposed two (2) elevated dune crossovers and has provided a 5-foot wide access easement on the southern boundary of the site to provide the public access to the beach through the utilization of an existing at grade dune crossover. The proposed plan will not impact any native vegetation that requires tree mitigation. The applicant has proposed to relocate and utilize the 49 native cabbage palm tree found onsite, to meet a portion of the landscaping requirements. A landscape plan, dated August 30, 2016 and drawn by Cotleur & Hearing, has been reviewed and found consistent with Land Development Code 7.09.00. Additionally, the applicant has provided an 8ft. tall masonry wall and landscaping between their proposed development and the condominium to the north. Listed species impacts include gopher tortoises and commensal species. A condition of site plan approval requires a gopher tortoise survey prior to issuance of a vegetation removal permit of exemption. Prior to the initiation of any site development work, a Florida Fish and Wildlife Conservation Commission (FWC) permit to relocate any impacted gopher tortoise will be required. Additionally, the applicant has prepared and will implement a Sea Turtle Protection Plan. Impacts to sea turtles are not anticipated given the protection measures, including lighting requirements, laid out in the submitted plan. RECOMMENDATION Forward a recommendation of approval for the Board of County Commissioners to adopt a Resolution granting Preliminary and Final Planned Non Residential Development Site Plan approval for the Orchid Beach Resort with conditions as outlined in this agenda memorandum. 4.B.b Packet Pg. 56 At t a c h m e n t 4 . B . b : S t a f f R e p o r t ( P l a n n i n g a n d Z o n i n g C o m m i s s i o n ) ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) Orchid Beach Resort Preliminary/Final PNRD Site Plan PNRD 720165039 September 15, 2016 Page 12 Suggested motion to recommend this requested Preliminary/Final PNRD Site Plan. 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 11.02.07, 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 PRELIMINARY AND FINAL PLANNED NON RESIDENTIAL DEVELOPMENT SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOW AS ORCHID BEACH RESORT PNRD, BECAUSE... (CITE REASONS WHY – PLEASE BE SPECIFIC) 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 11.02.07, 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 DENY THE PRELIMINARY AND FINAL PLANNED NON RESIDENTIAL DEVELOPMENT SITE PLAN FOR THE PROJECT TO BE KNOW AS ORCHID BEACH RESORT PNRD, BECAUSE... (CITE REASONS WHY – PLEASE BE SPECIFIC) 4.B.b Packet Pg. 57 At t a c h m e n t 4 . B . b : S t a f f R e p o r t ( P l a n n i n g a n d Z o n i n g C o m m i s s i o n ) ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) September 15, 2016 PNRD 720165039 Resolution 2106-XXX Page 1 RESOLUTION 2016-XXX 1 PNRD 720165039 2 3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. 4 LUCIE COUNTY, FLORIDA GRANTING PRELIMINARY AND FINAL 5 PLANNED NON RESIDENTIAL DEVELOPMENT SITE PLAN APPROVAL 6 FOR A PROJECT KNOWN AS ORCHID BEACH RESORT ON CERTAIN 7 LAND IN ST. LUCIE COUNTY, FLORIDA. 8 9 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida based on the 10 testimony and evidence, including but not limited to the staff report, has made the following 11 determinations: 12 13 1. Orchid Beach, LLC petitioned for a Preliminary/Final Planned Non Residential 14 Development (PNRD) Site Plan for a commercial resort consisting of 135 hotel rooms, 69 15 condominium units, a free-standing restaurant (8,785 s.f.) and a free-standing retail 16 market (3,806 s.f.) on a +/- 11.9 acre property legally described in Part “B” below and 17 depicted on the attached map as “Exhibit A”. 18 19 2. On November 3, 2015, the Board of County Commissioners through Ordinance No. 15-20 011 and Resolution No. 15-187, approved an Amendment to the Future Land Use Map 21 from RM (Residential, Medium – 9 du/acre) to COM (Commercial) and an Amendment to 22 the Official Zoning Atlas from HIRD (Hutchinson Island Residential District) to CR 23 (Commercial Resort), respectively. 24 25 3. On September 15, 2016, the St. Lucie County Planning and Zoning Commission held a 26 public hearing on the petition, of which due notice was published in the St. Lucie News 27 Tribune and recommended that the Board of County Commissioners approve/deny the 28 Preliminary/Final PNRD Site Plan. 29 30 4. On ____________, 2016 this Board held a public hearing on the petition after publishing 31 a notice of such hearing and notifying by mail all owners of property within 500 feet of 32 the subject property. 33 34 5. The St. Lucie County Development Review Committee has reviewed the 35 Preliminary/Final PNRD Site Plan for the project and found it meet all technical 36 requirements and to be consistent with the Future Land Use Map of the St. Lucie County 37 Comprehensive Plan. 38 39 4.B.c Packet Pg. 58 At t a c h m e n t 4 . B . c : R e s o l u t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) September 15, 2016 PNRD 720165039 Resolution 2106-XXX Page 2 6. The project is consistent with the general purpose, goals, objectives, and standards of the 1 St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan and 2 the St. Lucie County Code of Ordinances. 3 4 7. The project will not have an undue adverse effect on adjacent property, the character of 5 the neighborhood, traffic conditions, parking, utility facilities or other matters affecting 6 the public health, safety and general welfare. 7 8 8. All reasonable steps have been taken to minimize any adverse effect of the project on the 9 immediate vicinity through building design, site design, landscaping and screening. 10 11 9. The project will be constructed, arranged and operated so as not to interfere with the 12 development and use of neighboring property, in accordance with applicable district 13 regulations. 14 15 10. St. Lucie County Planning and Development Services Department – Planning Division 16 staff has performed the required development analysis for this petition, which can be 17 found in the Planning and Development Services memorandum dated September 15, 18 2016 entitled “Preliminary/Final Planned Non Residential Development (PNRD) Site Plan 19 – Orchid Beach Resort”. 20 21 11. The Board of County Commissioners granted a waiver from LDC, Section 7.05.05 – Use of 22 Residential Property for Access, to allow for vehicular ingress/egress for the project 23 adjacent to Shorewinds Drive. 24 25 12. The Board of County Commissioners granted dimensional relief for the following items 26 identified on the PNRD Preliminary/Final Site Plan: 27 28 a. A reduction in the parking stall width (from 10 feet to 9 feet) for the stalls 29 located within the parking garage as required in LDC, Section 7.02.03(E) – 30 Parking; 31 b. A 15 foot encroachment into the minimum 25 foot setback for a driveway to be 32 located 10 feet from the side property line as required by LDC, Section 33 7.05.06(C)(2)(c) – Driveway;. 34 c. A reduction in the total number of required parking spaces as per LDC, Section 35 7.02.03(E)(1)(a) required from the project based on evidence provided by Susan 36 O’Rourke, P.E., Inc. in a memo dated September 2, 2016 which establishes 303 37 parking spaces as the minimum of amount of required parking for the project. 38 4.B.c Packet Pg. 59 At t a c h m e n t 4 . B . c : R e s o l u t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) September 15, 2016 PNRD 720165039 Resolution 2106-XXX Page 3 d. In the minimum yard (setbacks) and the minimum spacing of buildings as 1 required per LDC, Section 7.04.03 – Building Spacing. The minimum building 2 setbacks for the project are identified on Site Plan in the site data and the 3 minimum spacing provided between buildings is shown on the Building Setback 4 and Spacing Exhibit. 5 6 13. The project will be served potable water and wastewater services by St. Lucie County 7 Utilities. 8 9 14. The applicant has applied for and received a Certificate of Capacity, a copy of which is 10 attached to this order, as required under Chapter V, St. Lucie County Land Development 11 Code. 12 13 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, 14 Florida: 15 16 A. Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code, the 17 Preliminary/Final PNRD Site Plan for the project known as Orchid Beach Resort is hereby 18 approved as shown on the site plan drawings and landscape plan for the project 19 prepared by Cotleur and Hearing dated ___________ and the architectural drawings 20 prepared by Randall Stofft Architects dated ___________, date stamped received by the 21 St. Lucie County Planning and Development Services Department on ___________, 22 subject to the following conditions: 23 24 Planning and Development Services Department – Planning Division 25 26 1. Prior to the issuance of any certificate of occupancy, the six (6) foot high 27 masonry wall adjacent to the north property line shall be constructed in its 28 entirety. 29 30 2. Prior to the issuance of the first certificate of occupancy for the detached 31 condominium hotel units, the six (6) foot high masonry wall that surrounds the 32 detached condominium units shall be constructed in its entirety. 33 34 3. Prior the issuance of the first certificate of occupancy for the detached 35 condominium hotel units, vertical construction of the hotel/condominium 36 building shall be substantially complete. 37 38 4. Prior to the issuance of any certificate of occupancy for the project, all perimeter 39 4.B.c Packet Pg. 60 At t a c h m e n t 4 . B . c : R e s o l u t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) September 15, 2016 PNRD 720165039 Resolution 2106-XXX Page 4 landscape buffers shall be installed in accordance with the approved landscape 1 plan. 2 3 5. Prior to the issuance of the first building permit, the Declaration of 4 Condominium or other documents shall be reviewed by the County’s Attorney’s 5 Office and recorded. 6 7 6. All live outdoor entertainment, music and venues shall be restricted to the hours 8 of 7:00 a.m. to 10:00 p.m. 9 10 7. The hours of the outdoor swimming pool and spa shall be restricted to the hours 11 of 7:00 a.m. to 10:00 p.m. 12 13 8. The hours for commercial truck deliveries of goods and services shall be 14 restricted to the hours of 7:00 a.m. to 10:00 p.m. 15 16 9. Prior to the certificate of occupancy for the hotel/condominium building, all on-17 street parking improvements shall be completed, including the construction of 18 the Shorewinds Drive turn around, and sidewalk within the beach access 19 easement. 20 21 10. Prior to the certificate of occupancy for the hotel/condominium, the outdoor 22 swimming pool and spa, sculpture/design element and 3’ tall wall feature at the 23 southwest corner of the property as depicted on the approved site plan shall be 24 completed in its entirety. 25 26 11. The nine (9) detached condominiums shall be the only condominium units that 27 are exempt from the length of stay limitations as per LDC, Section 7.10.32(e) – 28 Supplemental Standards for Condominium Hotel Unit Uses (Length of Stay). 29 30 12. In accordance with Comprehensive Plan Policy 10.4.1.4 the County strongly 31 encourages the new hotel to participate in the Florida Green Lodging Program. 32 33 13. The developer shall receive road impact fee credits up to 150 hotel units that 34 were previously developed on the property. The developer may enter into a 35 Road Impact Fee Credit Agreement for the development costs associated with 36 the off-site improvements adjacent to Shorewinds Drive. 37 38 14. The design of common outdoor areas for the swimming pool/spa and venue 39 space are critical amenities for the marketing of the project and may change 40 4.B.c Packet Pg. 61 At t a c h m e n t 4 . B . c : R e s o l u t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) September 15, 2016 PNRD 720165039 Resolution 2106-XXX Page 5 during the construction. There is a high expectation of superior design and 1 quality by the developer and the County, and that minor deviations remain in 2 substantial conformity (in terms of size of the swimming pool/spa and area) with 3 the approved site plan. The PDS Director shall review and approve any minor 4 changes to the design of the pool and patio areas. 5 6 15. Prior to a final decision of the Board of County Commission, the applicant shall 7 prepare an exterior lighting plan and a sign package to address the proposed 8 exterior signage which shall be in keeping with the character of the resort’s 9 architecture, character and amenities as well as compliance with Sea Turtle 10 Protection standards. 11 12 16. Prior to a final decision of the Board of County Commission, the applicant shall 13 provide detail (elevations) of the masonry walls as provided on the site plan. 14 15 17. Parking demand for the project will need to be monitored closely to ensure 16 there is adequate supply available. If at any time, demand exceeds supply, the 17 owner(s) of the property will need to provide valet parking, shuttle service to 18 and from the project, employee ride share incentives and other alternatives to 19 lessen the demand. 20 21 18. The interior style and design of the hotel rooms and condominium units shall 22 provide a decorative theme with color schemes and furnishings that are 23 consistent that are derived from a master template or pallet of choices. No 24 owner furnishings or color pallets are permitted in the condominium hotel units 25 26 19. The exterior windows for the hotel/condominium building and the detached 27 condominiums shall constructed with high impact hurricane glass and windows 28 to prevent shuttering during the hurricane season. 29 30 Public Works, Engineering Division 31 32 20. No development permits shall be issued by the County until a complete set of 33 sealed constructible final engineering plans, supporting calculations and survey 34 data for all on-site works and off-site improvements are submitted to the County 35 and approved by the Public Works Department, St. Lucie County Utilities 36 Department, Environmental Resources Department , Planning and Development 37 Services Department, St. Lucie County Fire District and any other agency or 38 County Department that may be determined by the Director of Planning and 39 Development Services to be necessarily involved in the review and approval of 40 4.B.c Packet Pg. 62 At t a c h m e n t 4 . B . c : R e s o l u t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) September 15, 2016 PNRD 720165039 Resolution 2106-XXX Page 6 the constructible final engineering plans for the on-site work and off-site 1 improvements. The determination of whether or not plans submitted by the 2 applicant constitute a complete set of constructible plans shall be made by the 3 departments involved in the plan review. 4 5 21. Prior to a final decision of the Board of County Commissioners, the applicant 6 shall provide signed and sealed conceptual drainage and utility plans prepared 7 by a licensed engineer. 8 9 22. Prior to the issuance of a St. Lucie County right-of-way permit, the applicant shall 10 execute a Road Improvement Agreement with St. Lucie for the public 11 improvements to be constructed within the right-of-way. The applicant is required 12 to submit a surety for the proposed public improvements. The amount of surety 13 shall be 115% of the engineer’s estimate of probable cost. The amount of surety 14 shall be approved by the County Engineer and the form of surety shall be 15 approved by the County Attorney. 16 17 Environmental Resources Department 18 19 23. Prior to issuance of a Vegetation Removal Permit or Exemption, whichever 20 comes first, the developer shall provide an executed Conservation Easement, 21 approved Preserve Area Monitoring and Management Plan (PAMMP), Dune 22 Restoration Plan and Sea Turtle Protection Plan (STPP) with an attached 23 affidavit and cashier's check (payable to the Clerk of the Court for recording fees) 24 to the County Attorney. A copy of a standard Conservation Easement can be 25 found on the St. Lucie County Environmental Resources Department website at: 26 http://www.stlucieco.gov/pdfs/Conservation_Easement_Form.pdf. 27 28 24. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall 29 include the following information within the Declaration of Condominium 30 documents: 31 32 a. Restrictions on any encroachment into the preserve areas, as well as 33 restrictions on vegetation removal outside the building pad areas. 34 [Comprehensive Plan Policy 8.1.8.5] 35 b. References to the Preserve Area Management Plan (PAMMP) and Sea 36 Turtle Protection Plan (STPP). 37 c. Disclosure regarding the Coastal Barrier Resource Area (COBRA) zone 38 designation for this property. 39 4.B.c Packet Pg. 63 At t a c h m e n t 4 . B . c : R e s o l u t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) September 15, 2016 PNRD 720165039 Resolution 2106-XXX Page 7 d. Mechanism for perpetual financial responsibility of the Condominium 1 Owners’ Association for future dune maintenance. 2 3 25. Prior to the issuance of a Vegetation Removal Permit or Exemption, the developer 4 shall provide the Environmental Resources Department with a copy of an 5 informational brochure relating to sea turtle nesting and the importance of 6 keeping window shades closed and beach furniture removed at night during 7 nesting season. This brochure shall be distributed to all hotel guests during sea 8 turtle nesting season, which is March 1st through November 15th. 9 10 26. Prior to the issuance of a Vegetation Removal Permit or Exemption, the developer 11 shall provide the Environmental Resources Department with a copy of a static 12 window cling, that shall be placed on all ocean facing windows within the hotel 13 and condominium units during sea turtle nesting season, which is March 1st 14 through November 15th. 15 16 27. Prior to the issuance of a Certificate of Occupancy, all seaward and shore-17 perpendicular facing windows and doors shall be fitted with tinted glass or film 18 with a visible light transmittance value of forty-five (45) percent or less. A 19 registered Florida architect or engineer shall conduct a nighttime survey with all of 20 the beachfront lighting turned on and provide a report of the inspection to the 21 Environmental Resources Department as outlined in the approved Sea Turtle 22 Protection Plan. If any violations of the sea turtle lighting code are identified a 23 Certificate of Occupancy shall not be issued until all violations have been 24 corrected. 25 26 28. Prior to the issuance of a Certificate of Occupancy, informational sea turtle signage 27 shall be installed on each dune crossover. 28 29 29. The issuance of County development permit does not in any way create any rights 30 on the part of the applicant to obtain a permit from a state or federal agency and 31 does not create any liability on the part of the County if the applicant fails to 32 obtain requisite approvals or fulfill the obligations imposed by a state or federal 33 agency or undertakes actions that result in a violation of state or federal law. 34 35 30. All other applicable State or Federal permits must be obtained before 36 commencement of the development. 37 38 31. Prior to issuance of a Vegetation Removal Permit or Exemption, listed species 39 surveys including but not limited to gopher tortoise surveys shall be updated as 40 4.B.c Packet Pg. 64 At t a c h m e n t 4 . B . c : R e s o l u t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) September 15, 2016 PNRD 720165039 Resolution 2106-XXX Page 8 required per state and/or federal survey protocol. Should any listed species be 1 found as a result of these updated surveys appropriate permits from state and 2 federal agencies shall be required. 3 4 32. Prior to issuance of a Vegetation Removal Permit or Exemption, the developers, 5 their successor or assigns, shall conduct a pre-construction meeting with 6 construction personnel and Environmental Resources Department staff, 7 addressing vegetation protection measures. 8 9 B. The property on which this Preliminary/Final PNRD Site Plan approval is being granted is 10 described as follows: 11 12 THE SOUTH 500 FEET OF CORAL COVE BEACH, SECTION ONE, LYING EASTERLY OF THE 13 EAST RIGHT OF WAY LINE OF STATE ROAD A1A; SAID SOUTH 500 FEET BEING ALSO 14 DESCRIBED AS TRACTS C, D, E, F, AND THAT PART OF TRACT G LYING SOUTH OF A LINE 15 PARALLEL WITH AND 500 FEET NORTH OF THE SOUTH LINE OF TRACT C, CORAL COVE 16 BEACH, SECTION ONE AS PER THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 11, 17 PAGES 30A AND 30B, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. 18 19 TOGETHER WITH LANDS LYING EASTERLY OF THE ABOVE PARCEL: 20 21 A PARCEL OF LAND LYING IN SECTION 25, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. 22 LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 23 24 BEGINNING AT THE SOUTHEAST CORNER OF THE PLAT OF CORAL COVE BEACH, SECTION 25 ONE, AS RECORDED IN PLAT BOOK 11, PAGES 30A AND 30B, OF THE PUBLIC RECORDS OF 26 ST LUCIE COUNTY, FLORIDA; THENCE NORTH 17º03’09” WEST ALONG THE EAST LIMITS 27 OF SAID PLAT, A DISTANCE OF 531.29 FEET; THENCE SOUTH 87º17’28” EAST, A 28 DISTANCE OF 416.21 FEET TO A POINT ON THE MEAN HIGH WATER LINE OF THE 29 ATLANTIC OCEAN AS LOCATED DECEMBER 6, 2013; THENCE SOUTH 15º26’33” WEST A 30 DISTANCE OF 46.03 FEET; THENCE SOUTH 04º12’53” EAST A DISTANCE OF 46.28 FEET; 31 THENCE SOUTH 06º36’07” EAST, A DISTANCE OF 44.36 FEET; THENCE SOUTH 12º51’15” 32 EAST, A DISTANCE OF 43.52 FEET; THENCE SOUTH 10º55’28” EAST, A DISTANCE OF 44.36 33 FEET; THENCE SOUTH 16º33’15” EAST, A DISTANCE OF 45.64 FEET; THENCE SOUTH 34 31º04’53” EAST, A DISTANCE OF 45.79 FEET; THENCE SOUTH 36º27’02” EAST, A 35 DISTANCE OF 43.53 FEET; THENCE SOUTH 31º07’02” EAST, A DISTANCE OF 45.90 FEET; 36 THENCE SOUTH 16º49’38” EAST A DISTANCE OF 44.69 FEET; THENCE SOUTH 14º07’38” 37 EAST, A DISTANCE OF 42.79 FEET, THENCE SOUTH 24º49’52” EAST, A DISTANCE OF 49.85 38 FEET, THENCE LEAVING SAID MEAN HIGH WATER LINE, RUN NORTH 87º17’28” WEST, A 39 DISTANCE OF 405.30 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 11.93 40 4.B.c Packet Pg. 65 At t a c h m e n t 4 . B . c : R e s o l u t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) September 15, 2016 PNRD 720165039 Resolution 2106-XXX Page 9 ACRES MORE OR LESS. 1 2 PARCEL ID NUMBER: 1425-701-0206-000-4 3 LOCATION: 2600 NORTH HIGHWAY A1A, 4 5 C. The approvals granted and authorizations granted by this Resolution for the purposes of 6 obtaining building permits shall expire on ___________, 2018, unless an extension is 7 granted in accordance with the provisions of Section 11.02.06(B)(3), of the St. Lucie County 8 Land Development Code or a Major Adjustment to the Preliminary/Final PNRD Site Plan is 9 granted. 10 11 D. Any modification to the approved Preliminary/Final PNRD Site Plan legally described in Part 12 B shall be in accordance with Section 11.02.05, St. Lucie County Land Development Code. 13 Any modification that is considered a Major Adjustment shall be granted only with approval 14 by the Board of County Commissioners after a public hearing. 15 16 E. The developer is advised as part of this site plan approval that the developer or any 17 successor in interest shall obtain all applicable development permits and construction 18 authorizations from the appropriate state and federal and local regulatory agencies 19 including, but not limited to, the United States Army Corps of Engineers, the Florida 20 Department of Environmental Protection, the South Florida Water Management District, 21 and the St. Lucie County Environmental Resources and Building Departments prior to the 22 commencement of any development activities on the property described in Part B. Issuance 23 of this approval by the County does not in any way create any rights on the part of the 24 developer to obtain a permit from a state or federal agency and does not create any liability 25 on the part of the County for issuance of this permit if the developer fails to obtain requisite 26 approvals or fulfill the obligations imposed by a state or federal agency or undertake actions 27 that may result in a violation of state or federal law. 28 29 F. The conditions set forth in Part A are an integral non-severable part of the site plan approval 30 granted by this Resolution. If any condition set forth in Part A is determined to be invalid or 31 unenforceable for any reason and the developer declines to comply voluntarily with that 32 condition, the site plan approval granted by this Resolution shall become null and void. 33 34 G. The Certificate of Capacity, attached as Exhibit B, shall be valid for the same period as this 35 Resolution. If this order expires or otherwise terminates, the Certificate of Capacity shall 36 automatically terminate. 37 38 H. This Resolution shall be recorded in the Public Records of St. Lucie County. 39 40 4.B.c Packet Pg. 66 At t a c h m e n t 4 . B . c : R e s o l u t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) September 15, 2016 PNRD 720165039 Resolution 2106-XXX Page 10 I. ADOPTION 1 2 After a motion and second, the vote on this resolution was as follows: 3 4 Kim Johnson, Chairman XXX 5 6 Chris Dzadovsky, Vice Chair XXX 7 8 Tod Mowery, Commissioner XXX 9 10 Frannie Hutchinson, Commissioner XXX 11 12 Paula Lewis, Commissioner XXX 13 14 PASSED AND DULY ADOPTED this ___ day of ____, 2016. 15 16 BOARD OF COUNTY COMMISSIONERS 17 ST. LUCIE COUNTY, FLOIRDA 18 19 20 21 22 BY 23 Chairman 24 25 ATTEST: APPROVED AS TO FORM 26 AND CORRECTNESS: 27 28 29 30 31 ______________ _____________________ 32 33 DEPUTY CLERK COUNTY ATTORNEY 34 35 36 4.B.c Packet Pg. 67 At t a c h m e n t 4 . B . c : R e s o l u t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) September 15, 2016 PNRD 720165039 Resolution 2106-XXX Page 11 EXHIBIT A 1 LOCATION MAP 2 3 4 5 4.B.c Packet Pg. 68 At t a c h m e n t 4 . B . c : R e s o l u t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) September 15, 2016 PNRD 720165039 Resolution 2106-XXX Page 12 EXHIBIT B 1 CERTIFICATE OF CAPACITY 2 4.B.c Packet Pg. 69 At t a c h m e n t 4 . B . c : R e s o l u t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.d Packet Pg. 70 At t a c h m e n t 4 . B . d : P r e l i m i n a r y / F i n a l P N R D S I t e P l a n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 18'10'20.9' R5'60°' LANDSCAPE AREA 7.8' EXISTING SIDEWALK OR C H I D B E A C H R E S O R T 16-0701 DESIGNED DRAWN APPROVED JOB NUMBER REVISIONS DATE DS SK DS St . L u c i e C o u n t y , F l o r i d a August 31, 2016 3:44:50 p.m. Drawing: ORCHID BEACH SP.DWG by agreement in writing with the architect. Immediately report any discrepancies to the architect. SHEET COTLEUR & HEARING, INC. These drawings are the property of the architect and are not to be used for extensions or on other projects except OF 1 08-30-16 Landscape Architects Land Planners Environmental Consultants www.cotleurhearing.com 1934 Commerce Lane Suite 1 Jupiter, Florida 33458 561.747.6336 · Fax 747.1377 Landscape Architects Land Planners Environmental Consultants www.cotleurhearing.com 1934 Commerce Lane Suite 1 Jupiter, Florida 33458 561.747.6336 · Fax 747.1377 Landscape Architects Land Planners Environmental Consultants www.cotleurhearing.com 1934 Commerce Lane Suite 1 Jupiter, Florida 33458 561.747.6336 · Fax 747.1377 Landscape Architects Land Planners Environmental Consultants www.cotleurhearing.com 1934 Commerce Lane Suite 1 Jupiter, Florida 33458 561.747.6336 · Fax 747.1377 Lic# LC26000535 SITE DETAILS North 80' Scale: 1" = 40'-0" 0'20'40'120'160' 1 STANDARD & HANDICAP PARKING LAYOUT NOT TO SCALE 4"W. PAINTED (BLUE) STRIPES. HANDICAP MARKINGS HANDICAP PARKING SIGNAS PER ADA REQUIREMENTS EDGE OF PAVEMENT 10'-0" 4"4"4" 6" 4"4" STANDARD 18 ' - 0 " 5'-0" SIDEWALK RAMP 4" DIAGONAL BLUE STRIPES PER FDOT INDEX 12'-0" 4" AS PER CODE. 6" 5'-0" 4" TYPE 'D' CURB TYP. HANDICAP RAMP TYPICAL NOT TO SCALE TYPE: MATERIAL: COLOR: FINISH: MADRAX ORION (ORN-LB-2-IG-G) STEEL ROUND TUBING GREY STAINLESS STEEL PARKING SPACE 2'-0" WHEEL STOP TRASH RECEPTACLE NOT TO SCALE BIKE RACK NOT TO SCALE TYPE: MATERIAL: COLOR: FINISH: BELSON 34 GALLON (PSFT34) GALVANIZED STEEL SILVER TEXTURED POLYESTER POWDER-COAT TYPICAL DUNE CROSSOVER DETAIL NOT TO SCALE STREET LIGHT DETAIL NOT TO SCALE PEDESTRIAN LIGHT DETAIL NOT TO SCALE ANGLED BACK-IN PARKING DETAIL NOT TO SCALE FWC NOTES: - WILDLIFE LIGHTING CERTIFICATION NUMBER: 2008-001 - MAXIMUM MOUNTING HEIGHT OF 12 FT. - BEACH SIDE SHIELDS AND/OR LOUVERS TO BE USED ON ANY FIXTURE WITHIN LINE OF SIGHT OF THE BEACH - REQUIRED OPTIONS: RDO-RED ORANGE LED 4.B.d Packet Pg. 71 At t a c h m e n t 4 . B . d : P r e l i m i n a r y / F i n a l P N R D S I t e P l a n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.e Packet Pg. 72 At t a c h m e n t 4 . B . e : L a n d s c a p e P l a n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.e Packet Pg. 73 At t a c h m e n t 4 . B . e : L a n d s c a p e P l a n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 09 . 1 5 . 1 6 -DRC SUBMITTAL LT/CL P & Z C O M M I S S I O N -ARCHITECT REV.LT/CL -ARCHITECT REV.FP/LT -DRC RE-SUBMITTAL FP/LT -DRC REVISIONS FP/LT SITE PLAN 1" = 30'-0" SITE PLAN1 +/- 120 PARKING SPACES PROVIDED AT GARAGE LEVEL +/- 146 PROVIDED @ LOBBY LEVEL TOTAL: +/- 266 PARKING SPACES PROVIDED Y: \ D e l r a y P r o j e c t s \ P R E L I M I N A R Y \ 2 0 1 6 \ O R C H I D B E A C H R E S O R T \ B a s e D r a w i n g s \ H O T E L \ S H E E T F I L E S \ A 1 0 0 S I T E P L A N . d w g , 9 / 7 / 2 0 1 6 4 : 3 7 : 0 1 P M 4. B . f Pa c k e t P g . 7 4 Attachment4.B.f: Architectural Drawings and Floor Plans (3766 : Orchid Beach Resort - Preliminary/Final PNRD Site Plan) 09 . 1 5 . 1 6 -DRC SUBMITTAL LT/CL P & Z C O M M I S S I O N -ARCHITECT REV.LT/CL -ARCHITECT REV.FP/LT -DRC RE-SUBMITTAL FP/LT -DRC REVISIONS FP/LT GARAGE PARKING 1/16"=1'-0" GARAGE PARKING PLAN1 117 PARKING SPACES PROVIDED AT GARAGE LEVEL 6 OF WHICH ARE HANDICAP SPACES 10 MOTORCYCLE PARKING SPACES PROVIDED AT GARAGE LEVEL 6 BICYCLE PARKING SPACES PROVIDED AT GARAGE LEVEL 66 PARKING SPACES PROVIDED AT LOBBY LEVEL ABOVE TOTAL PARKING: 183 PARKING SPACES PROVIDED 10 MOTORCYCLE PARKING SPACES PROVIDED 6 BICYCLE PARKING SPACES PROVIDED Y: \ D e l r a y P r o j e c t s \ P R E L I M I N A R Y \ 2 0 1 6 \ O R C H I D B E A C H R E S O R T \ B a s e D r a w i n g s \ H O T E L \ S H E E T F I L E S \ A 2 0 0 - G a r a g e p a r k i n g . d w g , 9 / 7 / 2 0 1 6 4 : 3 6 : 3 0 P M 4. B . f Pa c k e t P g . 7 5 Attachment4.B.f: Architectural Drawings and Floor Plans (3766 : Orchid Beach Resort - Preliminary/Final PNRD Site Plan) 09 . 1 5 . 1 6 -DRC SUBMITTAL LT/CL P & Z C O M M I S S I O N -ARCHITECT REV.LT/CL -ARCHITECT REV.FP/LT -DRC RE-SUBMITTAL FP/LT -DRC REVISIONS FP/LT MARKET PLAN & FRONT ELEVATION 1/8"=1'-0" MARKET FLOOR PLAN1 1/8"=1'-0" MARKET FRONT ELEVATION1 Y: \ D e l r a y P r o j e c t s \ P R E L I M I N A R Y \ 2 0 1 6 \ O R C H I D B E A C H R E S O R T \ B a s e D r a w i n g s \ M A R K E T \ S h e e t F i l e s \ A 2 0 0 - M a r k e t F l o o r P l a n . d w g , 9 / 7 / 2 0 1 6 4 : 3 9 : 1 3 P M 4. B . f Pa c k e t P g . 7 6 Attachment4.B.f: Architectural Drawings and Floor Plans (3766 : Orchid Beach Resort - Preliminary/Final PNRD Site Plan) 09 . 1 5 . 1 6 -DRC SUBMITTAL LT/CL P & Z C O M M I S S I O N -ARCHITECT REV.LT/CL -ARCHITECT REV.FP/LT -DRC RE-SUBMITTAL FP/LT -DRC REVISIONS FP/LT LOBBY LEVEL GARAGE PARKING PLAN 1/16" = 1'-0" LOBBY LEVEL GARAGE PARKING PLAN1 Y: \ D e l r a y P r o j e c t s \ P R E L I M I N A R Y \ 2 0 1 6 \ O R C H I D B E A C H R E S O R T \ B a s e D r a w i n g s \ H O T E L \ S H E E T F I L E S \ A 2 0 1 H O T E L L E V E L P A R K I N G . d w g , 9 / 7 / 2 0 1 6 4 : 3 6 : 0 3 P M 4. B . f Pa c k e t P g . 7 7 Attachment4.B.f: Architectural Drawings and Floor Plans (3766 : Orchid Beach Resort - Preliminary/Final PNRD Site Plan) 09 . 1 5 . 1 6 -DRC SUBMITTAL LT/CL P & Z C O M M I S S I O N -ARCHITECT REV.LT/CL -ARCHITECT REV.FP/LT -DRC RE-SUBMITTAL FP/LT -DRC REVISIONS FP/LT 1ST FLOOR LOBBY PLAN 3/32"=1'-0" HOTEL LOBBY PLAN1 Y: \ D e l r a y P r o j e c t s \ P R E L I M I N A R Y \ 2 0 1 6 \ O R C H I D B E A C H R E S O R T \ B a s e D r a w i n g s \ H O T E L \ S H E E T F I L E S \ A 2 0 2 - L o b b y . d w g , 9 / 7 / 2 0 1 6 4 : 3 5 : 4 0 P M 4. B . f Pa c k e t P g . 7 8 Attachment4.B.f: Architectural Drawings and Floor Plans (3766 : Orchid Beach Resort - Preliminary/Final PNRD Site Plan) 09 . 1 5 . 1 6 -DRC SUBMITTAL LT/CL P & Z C O M M I S S I O N -ARCHITECT REV.LT/CL -ARCHITECT REV.FP/LT -DRC RE-SUBMITTAL FP/LT -DRC REVISIONS FP/LT HOTEL FLOOR 2 3/32"=1'-0" HOTEL FLOOR PLAN LEVEL 21 Y: \ D e l r a y P r o j e c t s \ P R E L I M I N A R Y \ 2 0 1 6 \ O R C H I D B E A C H R E S O R T \ B a s e D r a w i n g s \ H O T E L \ S H E E T F I L E S \ A 2 0 3 - F l o o r 2 . d w g , 9 / 7 / 2 0 1 6 4 : 3 5 : 2 1 P M 4. B . f Pa c k e t P g . 7 9 Attachment4.B.f: Architectural Drawings and Floor Plans (3766 : Orchid Beach Resort - Preliminary/Final PNRD Site Plan) 09 . 1 5 . 1 6 -DRC SUBMITTAL LT/CL P & Z C O M M I S S I O N -ARCHITECT REV.LT/CL -ARCHITECT REV.FP/LT -DRC RE-SUBMITTAL FP/LT -DRC REVISIONS FP/LT HOTEL FLOORS 3 & 4 3/32"=1'-0" HOTEL FLOOR PLAN LEVEL 3 & 41 Y: \ D e l r a y P r o j e c t s \ P R E L I M I N A R Y \ 2 0 1 6 \ O R C H I D B E A C H R E S O R T \ B a s e D r a w i n g s \ H O T E L \ S H E E T F I L E S \ A 2 0 4 - F l o o r 3 - 4 . d w g , 9 / 7 / 2 0 1 6 4 : 3 5 : 0 1 P M 4. B . f Pa c k e t P g . 8 0 Attachment4.B.f: Architectural Drawings and Floor Plans (3766 : Orchid Beach Resort - Preliminary/Final PNRD Site Plan) 09 . 1 5 . 1 6 -DRC SUBMITTAL LT/CL P & Z C O M M I S S I O N -ARCHITECT REV.LT/CL -ARCHITECT REV.FP/LT -DRC RE-SUBMITTAL FP/LT -DRC REVISIONS FP/LT HOTEL FLOOR 5 3/32"=1'-0" HOTEL FLOOR PLAN LEVEL 51 Y: \ D e l r a y P r o j e c t s \ P R E L I M I N A R Y \ 2 0 1 6 \ O R C H I D B E A C H R E S O R T \ B a s e D r a w i n g s \ H O T E L \ S H E E T F I L E S \ A 2 0 5 - F l o o r 5 . d w g , 9 / 7 / 2 0 1 6 4 : 3 4 : 3 7 P M 4. B . f Pa c k e t P g . 8 1 Attachment4.B.f: Architectural Drawings and Floor Plans (3766 : Orchid Beach Resort - Preliminary/Final PNRD Site Plan) 09 . 1 5 . 1 6 -DRC SUBMITTAL LT/CL P & Z C O M M I S S I O N -ARCHITECT REV.LT/CL -ARCHITECT REV.FP/LT -DRC RE-SUBMITTAL FP/LT -DRC REVISIONS FP/LT CONDOMINIUM FLOORS 6-10 3/32"=1'-0" CONDOMINIUM FLOOR PLAN LEVEL 6 -101 Y: \ D e l r a y P r o j e c t s \ P R E L I M I N A R Y \ 2 0 1 6 \ O R C H I D B E A C H R E S O R T \ B a s e D r a w i n g s \ H O T E L \ S H E E T F I L E S \ A 2 0 6 - F l o o r 6 - 1 0 . d w g , 9 / 7 / 2 0 1 6 4 : 3 4 : 1 3 P M 4. B . f Pa c k e t P g . 8 2 Attachment4.B.f: Architectural Drawings and Floor Plans (3766 : Orchid Beach Resort - Preliminary/Final PNRD Site Plan) 09 . 1 5 . 1 6 -DRC SUBMITTAL LT/CL P & Z C O M M I S S I O N -ARCHITECT REV.LT/CL -ARCHITECT REV.FP/LT -DRC RE-SUBMITTAL FP/LT -DRC REVISIONS FP/LT 3D CONCEPTUAL EXTERIOR ELEVATIONS N.T.S. FRONT 3D ELEVATION1 N.T.S. REAR 3D ELEVATION2 Y: \ D e l r a y P r o j e c t s \ P R E L I M I N A R Y \ 2 0 1 6 \ O R C H I D B E A C H R E S O R T \ B a s e D r a w i n g s \ H O T E L \ S H E E T F I L E S \ A 3 0 0 E X T E R I O R E L E V A T I O N S . d w g , 9 / 7 / 2 0 1 6 4 : 3 3 : 4 5 P M 4. B . f Pa c k e t P g . 8 3 Attachment4.B.f: Architectural Drawings and Floor Plans (3766 : Orchid Beach Resort - Preliminary/Final PNRD Site Plan) 09 . 1 5 . 1 6 -DRC SUBMITTAL LT/CL P & Z C O M M I S S I O N -ARCHITECT REV.LT/CL -ARCHITECT REV.FP/LT -DRC RE-SUBMITTAL FP/LT -DRC REVISIONS FP/LT EXTERIOR ELEVATIONS 1/16"=1'-0" EXTERIOR ELEVATION1 1/16" = 1'-0" EXTERIOR ELEVATION1 1/16"=1'-0" EXTERIOR ELEVATION3 Y: \ D e l r a y P r o j e c t s \ P R E L I M I N A R Y \ 2 0 1 6 \ O R C H I D B E A C H R E S O R T \ B a s e D r a w i n g s \ H O T E L \ S H E E T F I L E S \ A 3 0 0 E X T E R I O R E L E V A T I O N S . d w g , 9 / 7 / 2 0 1 6 4 : 4 2 : 4 0 P M 4. B . f Pa c k e t P g . 8 4 Attachment4.B.f: Architectural Drawings and Floor Plans (3766 : Orchid Beach Resort - Preliminary/Final PNRD Site Plan) 09 . 1 5 . 1 6 -DRC SUBMITTAL LT/CL P & Z C O M M I S S I O N -ARCHITECT REV.LT/CL -ARCHITECT REV.FP/LT -DRC RE-SUBMITTAL FP/LT -DRC REVISIONS FP/LT EXTERIOR ELEVATIONS 1/16"=1'-0" EXTERIOR ELEVATION4 1/16" = 1'-0" BUILDING SECTION "A"A 1/16"=1'-0" EXTERIOR ELEVATION5 1/16" = 1'-0" BUILDING SECTION "B"B Y: \ D e l r a y P r o j e c t s \ P R E L I M I N A R Y \ 2 0 1 6 \ O R C H I D B E A C H R E S O R T \ B a s e D r a w i n g s \ H O T E L \ S H E E T F I L E S \ A 3 0 0 E X T E R I O R E L E V A T I O N S . d w g , 9 / 7 / 2 0 1 6 4 : 4 2 : 1 9 P M 4. B . f Pa c k e t P g . 8 5 Attachment4.B.f: Architectural Drawings and Floor Plans (3766 : Orchid Beach Resort - Preliminary/Final PNRD Site Plan) 09 . 1 5 . 1 6 -DRC SUBMITTAL LT/CL P & Z C O M M I S S I O N -ARCHITECT REV.LT/CL -ARCHITECT REV.FP/LT -DRC RE-SUBMITTAL FP/LT -DRC REVISIONS FP/LT SIGNAGE 1/4"=1'-0" CONCEPTUAL DIMENSIONED SIGNAGE2 N.T.S. CONCEPTUAL RENDERED SIGNAGE 1 1/2" = 1'-0" CONCEPTUAL DIMENSIONED SECTION3 Y: \ D e l r a y P r o j e c t s \ P R E L I M I N A R Y \ 2 0 1 6 \ O R C H I D B E A C H R E S O R T \ B a s e D r a w i n g s \ H O T E L \ S H E E T F I L E S \ A 4 0 0 - S I G N A G E . d w g , 9 / 7 / 2 0 1 6 4 : 3 2 : 2 7 P M 4. B . f Pa c k e t P g . 8 6 Attachment4.B.f: Architectural Drawings and Floor Plans (3766 : Orchid Beach Resort - Preliminary/Final PNRD Site Plan) 09 . 1 5 . 1 6 -DRC SUBMITTAL LT/CL P & Z C O M M I S S I O N -ARCHITECT REV.LT/CL -ARCHITECT REV.FP/LT -DRC RE-SUBMITTAL FP/LT -DRC REVISIONS FP/LT COVER SHEET ORCHID BEACH RESORT Y: \ D e l r a y P r o j e c t s \ P R E L I M I N A R Y \ 2 0 1 6 \ O R C H I D B E A C H R E S O R T \ B a s e D r a w i n g s \ H O T E L \ S H E E T F I L E S \ C S . d w g , 9 / 7 / 2 0 1 6 4 : 3 7 : 2 6 P M 4. B . f Pa c k e t P g . 8 7 Attachment4.B.f: Architectural Drawings and Floor Plans (3766 : Orchid Beach Resort - Preliminary/Final PNRD Site Plan) A201 FLOOR PLAN 3/16"=1'-0" FLOOR PLAN1 RE S T A U R A N T 09 . 1 5 . 1 6 -DRC SUBMITTAL LT/CL P & Z C O M M I S S I O N -ARCHITECT REV.LT/CL -ARCHITECT REV.FP/LT -DRC RE-SUBMITTAL FP/LT -DRC REVISIONS FP/LT RESTAURANT Y: \ D e l r a y P r o j e c t s \ P R E L I M I N A R Y \ 2 0 1 6 \ O R C H I D B E A C H R E S O R T \ B a s e D r a w i n g s \ R E S T A U R A N T \ M o d e l R e s t _ F P 0 1 . d w g , 9 / 7 / 2 0 1 6 4 : 4 1 : 0 5 P M 4.B.f Packet Pg. 88 At t a c h m e n t 4 . B . f : A r c h i t e c t u r a l D r a w i n g s a n d F l o o r P l a n s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 09 . 1 5 . 1 6 -DRC SUBMITTAL LT/CL P & Z C O M M I S S I O N -ARCHITECT REV.LT/CL -ARCHITECT REV.FP/LT -DRC RE-SUBMITTAL FP/LT -DRC REVISIONS FP/LT A301 FRONT ELEVATION 1/4"=1'-0" FRONT ELEVATION1 VI L L A S VILLAS Y: \ D e l r a y P r o j e c t s \ P R E L I M I N A R Y \ 2 0 1 6 \ O R C H I D B E A C H R E S O R T \ B a s e D r a w i n g s \ R E S I D E N T I A L \ O r c h i d _ R _ E l e v . d w g , 9 / 7 / 2 0 1 6 4 : 3 9 : 5 6 P M 4.B.f Packet Pg. 89 At t a c h m e n t 4 . B . f : A r c h i t e c t u r a l D r a w i n g s a n d F l o o r P l a n s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) ELEVATIONS 3/16"=1'-0" REAR ELEVATION1 3/16"=1'-0" SIDE ELEVATION2 RESTAURANT 09 . 1 5 . 1 6 -DRC SUBMITTAL LT/CL P & Z C O M M I S S I O N -ARCHITECT REV.LT/CL -ARCHITECT REV.FP/LT -DRC RE-SUBMITTAL FP/LT -DRC REVISIONS FP/LT A301 Y: \ D e l r a y P r o j e c t s \ P R E L I M I N A R Y \ 2 0 1 6 \ O R C H I D B E A C H R E S O R T \ B a s e D r a w i n g s \ R E S T A U R A N T \ O r c h i d _ R e s t _ E l e v . d w g , 9 / 7 / 2 0 1 6 4 : 4 1 : 3 6 P M 4.B.f Packet Pg. 90 At t a c h m e n t 4 . B . f : A r c h i t e c t u r a l D r a w i n g s a n d F l o o r P l a n s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 09 . 1 5 . 1 6 -DRC SUBMITTAL LT/CL P & Z C O M M I S S I O N -ARCHITECT REV.LT/CL -ARCHITECT REV.FP/LT -DRC RE-SUBMITTAL FP/LT -DRC REVISIONS FP/LT A202 UPPER LEVEL FLOOR PLAN 1/4"=1'-0" UPPER LEVEL FLOOR PLAN1 VI L L A S VILLAS Y: \ D e l r a y P r o j e c t s \ P R E L I M I N A R Y \ 2 0 1 6 \ O R C H I D B E A C H R E S O R T \ B a s e D r a w i n g s \ R E S I D E N T I A L \ O r q u i d _ R _ F P 0 1 . d w g , 9 / 7 / 2 0 1 6 4 : 4 0 : 2 2 P M 4.B.f Packet Pg. 91 At t a c h m e n t 4 . B . f : A r c h i t e c t u r a l D r a w i n g s a n d F l o o r P l a n s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) S87°17'28"E 5 9 2 . 2 6 ' ( C ) N 1 7 ° 0 3 ' 0 9 " W 5 3 1 . 2 9 ' ( C ) N87°17'28"W (C) 7 3 5 . 2 4 ' ( P ) ( C ) N0 0 ° 0 9 ' 2 0 " E 5 0 0 . 5 0 ' ( C ) ROYAL PALM WAY (PLAT) SHOREWINDS DRIVE (POSTED ) ST A T E R O A D A - 1 A CL 2600 NORTH A.1.AFORT PIERCE, FLORIDACONTAINING 7.53 ACRES CONTAINING 4.40 ACRES A T L A N T I C O C E A N N 1 6 ° 5 4 ' 3 2 " W 5 3 1 . 2 9 ' ( D ) N00°09'20"E56.35' (C) N89°55'53"E 554.33'(C) N 1 7 ° 0 3 ' 0 9 " W 7 7 . 7 5 ' ( C ) 1. 0 0 ' 2 . 0 0 ' 3 . 0 0 ' 4. 0 0 ' 5 . 0 0 ' 6. 0 0 ' 7 . 0 0 ' 8 . 0 0 ' 8 . 0 0 ' 8. 0 0 ' 9.0 0 ' 7.0 0 ' 8. 0 0 ' 9 . 0 0 ' 9. 0 0 ' 8. 0 0 ' 7. 0 0 ' 6. 0 0 ' 5 . 0 0 ' 4. 0 0 ' 3. 0 0 ' 2. 0 0 ' 1. 0 0 ' 1 . 0 0 ' 2. 0 0 ' 3 . 0 0 ' 4. 0 0 ' 6. 0 0 ' 7. 0 0 ' 7.0 0 ' 7. 0 0 ' 1. 0 0 ' 2. 0 0 ' 3. 0 0 ' 4. 0 0 ' 5. 0 0 ' 8. 0 0 ' 9. 0 0 ' 8. 0 0 ' 7. 0 0 ' 7.0 0 ' 7. 0 0 ' 7. 0 0 ' 8.0 0 ' 8. 0 0 ' 6. 0 0 ' 3. 0 0 ' 2 . 0 0 ' 1 . 0 0 ' 1. 0 0 ' 2. 0 0 ' 4. 0 0 ' 5. 0 0 ' 6. 0 0 ' 7. 0 0 ' 8.0 0 ' 8.00' 8 . 0 0 ' 8. 0 0 ' 1 . 0 0 ' 2. 0 0 ' 4. 0 0 ' 5. 0 0 ' 6. 0 0 ' 7. 0 0 ' 8. 0 0 ' 8.00 ' 8.0 0 ' 8.00 ' 1 1 . 0 0 ' 1 0 . 0 0 ' 11.00' 10 . 0 0 ' 11 . 0 0 ' 7. 0 0 ' 8. 0 0 ' 9. 0 0 ' 10. 0 0 ' 10.0 0 ' 10 . 0 0 ' 11. 0 0 ' 1 1 . 0 0 ' 1 0 . 0 0 ' 9. 0 0 ' 8. 0 0 ' 7. 0 0 ' 7.00'7. 0 0 ' 6. 0 0 ' 8.00' 7.00' 6.00' 8.00' 7.00' 8.00'7.00' 7.00' 9. 0 0 ' 9 . 0 0 ' 10 . 0 0 ' 10 . 0 0 ' 9. 0 0 ' 8. 0 0 ' 7. 0 0 ' 7.00 ' 8.00' 9.00' 9.00'8.00' 7.0 0 ' 7.00' 6.00' 6.00' 7.00' 8.00' 7.00' 8.00' 8.00' 8. 0 0 ' 8.00 ' 8.00' 7.00' 8.00' 8.00' 7.0 0 ' 7. 0 0 ' 7. 0 0 ' 7.0 0 ' 7.00 ' 8.0 0 ' 8.00' 9.00' 9.00' 8.00' 9.00' 10.00' 10.00 ' 7.00 ' 7. 0 0 ' 7. 0 0 ' 7.0 0 ' 6. 0 0 ' 6.00' 7.00' 7. 0 0 ' 8.0 0 ' 8.0 0 ' 7.00' 6.00' 5.00' 5. 0 0 ' 6.00' 7.00' 8.00' 6.00' 7.00'8.00'9.00' 5.00 ' 6.00' 7.00' 8.00 ' 9.00' 9.00' 9.00' 9.0 0 ' 8. 0 0 ' 7.0 0 ' 6.00' 5.00' 5.00' 6.00' 9.0 0 ' 8.0 0 ' 7.0 0 ' 6. 0 0 ' 5. 0 0 ' 5.0 0 ' 4.0 0 ' 5.0 0 ' 5.00' 5.00' 4 . 0 0 ' 5.00' 5.00' 5.00' 6.00' 6. 0 0 ' 6.00' 7.00' 6.00' 6.00' 4. 0 0 ' 4. 0 0 ' 0. 0 0 ' 0. 0 0 ' 0 . 0 0 ' 0 . 0 0 ' 0 . 0 0 ' 0. 0 0 ' 0. 0 0 ' 0. 5 2 ' 0. 5 2 ' 0 . 5 2 ' 0 . 5 2 ' 0. 5 2 ' 0 . 5 2 ' 5. 3 4 ' 5. 3 4 ' 5. 3 4 ' 5. 3 4 ' 5. 3 4 ' 5.34 ' 5.34' 5.34' 5.34' S 1 8 ° 1 8 ' 1 8 " E 2 7 6 . 7 6 ' S 1 9 ° 2 8 ' 5 2 " E 2 6 0 . 9 8 ' SAND BEACH DUNE GRASS 50% EXOTIC 50% COSTAL STRAND EXOTICS TYPE: BOUNDARY SURVEY PROJECT# 13-047 DATE: 12/06/13 F.B. 194 PG. 59 DRAWN BY: JEK CHECKED BY: C.H.B. SCALE: 1:50 PLAT OF SURVEY FOR: BYDESCRIPTIONDATENO. REVISIONS ST. LUCIE COUNTY, FLORIDA LEGEND & ABBREVIATIONS: (SYMBOLS NOT SCALEABLE FOR SIZE) S D TREE LEGEND CERTIFIED TO: 1.PHILLIP G. RUFFIN 2.RUFFIN PROPERTIES, LLC, A KANSAS LIMITED LIABILITY COMPANY 3.REDUS ONE, LLC 4.DEAN, MEAD, MINTON & ZWEMER 5.FIRST AMERICAN TITLE INSURANCE COMPANY RUFFIN PROPERTIES, LLC. CHARLES H. BLANCHARD P.S.M. #5755 AND MAPPER NAMED BELOW. ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND THE CHBREVISE DESCRIPTION12-12-131. CHBADD PARTIAL TOPO07-13-162. CHBREVISE PER DRC COMMENTS08-15-163. 1717 INDIAN RIVER BLVD, SUITE 201 VERO BEACH, FL. 32960 LB#6905 PHONE: 772-794-1213, FAX: 772-794-1096 EMAIL: INFO@MLS-LB6905.COM   LEGAL DESCRIPTION (BY SURVEYOR) Report of Survey: ·TYPE OF SURVEY: BOUNDARY & TOPOGRAPHIC ·THIS SURVEY PERFORMED BY: MERIDIAN LAND SURVEYORS - LB #6905 1717 INDIAN RIVER BLVD. SUITE 201 VERO BEACH, FLORIDA, 32960 ·PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: CHARLES H. BLANCHARD P.S.M. #5755 ·THE EXPECTED USE OF THE LAND, AS CLASSIFIED IN THE MINIMUM TECHNICAL STANDARDS (5J-17, FLORIDA ADMINISTRATIVE CODE) IS COMMERCIAL/HIGH RISK. THE MINIMUM RELATIVE ACCURACY FOR THIS TYPE OF BOUNDARY SURVEY IS 1 FOOT IN 10,000. THE MEASUREMENT AND CALCULATION OF A CLOSED GEOMETRIC FIGURE WAS FOUND TO BE IN EXCESS OF THIS ACCURACY REQUIREMENT. ·THIS SURVEY MEETS ALL APPLICABLE REQUIREMENTS OF THE FLORIDA MINIMUM TECHNICAL STANDARDS AS CONTAINED IN 5J-17, FLORIDA ADMINISTRATIVE CODE. ·ELEVATIONS AND DIMENSIONS SHOWN HEREON ARE MEASURED IN FEET AND DECIMAL PARTS THEREOF. ·THE LAST DATE OF FIELD WORK WAS: 08/15/16 ·THE BEARING BASE FOR THIS SURVEY IS A GRID BEARING OF N87°17'28"W ALONG THE SOUTH LINE OF TRACT "C" AS MONUMENTED RELATIVE TO THE FLORIDA EAST MERCATOR PROJECTION. ·THIS SURVEY DOES NOT CERTIFY TO THE EXISTENCE OR LOCATION OF ANY UNDERGROUND IMPROVEMENTS: UTILITIES, FOUNDATIONS, OR ENCROACHMENTS, EXCEPT AS SHOWN. ·NO INSTRUMENTS OF RECORD REGARDING EASEMENTS, RIGHT-OF WAYS, OR OWNERSHIP WERE SUPPLIED TO THIS SURVEYOR, EXCEPT AS SHOWN. ·NO TITLE OPINION OR GUARANTEE IS EXPRESSED OR IMPLIED. ·LEGAL DESCRIPTION IS AS PROVIDED BY THE CLIENT. ·UNLESS OTHERWISE INDICATED, FOUND MONUMENTATION IS UNIDENTIFIED. ·THE ELEVATIONS SHOWN HEREON ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM (NAVD '88) OF 1988. THE BENCHMARK IS DNR MONUMENT DESIGNATED '94-77-A28. ELEV.=2.72' (NAVD 1988) ·THE CONVERSION FACTOR FROM NAVD 1988 TO NGVD 1929 IS +1.43'. THIS WAS DETERMINED USING CORPSCON FOR WINDOWS VERSION 5.11.08. ·THE PARCEL OF LAND SHOWN HEREON APPEARS TO LIE IN FLOOD ZONES "VE", "A0" AND "X" PER FLOOD INSURANCE RATE MAP #1211C0181 J, DATED FEBRUARY 16, 2012. COMMUNITY PANEL 120285. ·THE HORIZONTAL COORDINATES SHOWN HEREON ARE BASED ON THE STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE (901), NAD 83. (NGS ADJUSTMENT OF 1990). ·ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. SPTADD TOPO AND CONTOURS08-24-163. T:\Working Files\2013 JOBS\13-047_CORAL COVE\13-047-TOPO_REV3_W-CONTOUR_1_1_9695.dwg, Layout1, 8/30/2016 11:22:16 AM 4. B . g Pa c k e t P g . 9 2 Attachment4.B.g: Boundary and Topographic Survey (3766 : Orchid Beach Resort - Preliminary/Final PNRD Site Plan) 4.B.h Packet Pg. 93 At t a c h m e n t 4 . B . h : B u l d i n g S e t b a c k a n d S p a c i n g E x h i b i t ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.i Packet Pg. 94 At t a c h m e n t 4 . B . i : M a p S e t ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.i Packet Pg. 95 At t a c h m e n t 4 . B . i : M a p S e t ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.i Packet Pg. 96 At t a c h m e n t 4 . B . i : M a p S e t ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.i Packet Pg. 97 At t a c h m e n t 4 . B . i : M a p S e t ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 98 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 99 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 100 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 101 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 102 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 103 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 104 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 105 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 106 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 107 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 108 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 109 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 110 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 111 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 112 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 113 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 114 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 115 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 116 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 117 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 118 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 119 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 120 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 121 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 122 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 123 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 124 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 125 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 126 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 127 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 128 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 129 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 130 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 131 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 132 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 133 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 134 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 135 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 136 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 137 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 138 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 139 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 140 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 141 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 142 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.j Packet Pg. 143 At t a c h m e n t 4 . B . j : T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.k Packet Pg. 144 At t a c h m e n t 4 . B . k : R e q u i r e d P a r k i n g A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.k Packet Pg. 145 At t a c h m e n t 4 . B . k : R e q u i r e d P a r k i n g A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) kimley-horn.com 445 24th Street, Suite 200, Vero Beach, Florida 32960 772 794 4100 To: Jeffrey Johnson Senior Planner St. Lucie County Planning and Development Services From: Nicholas J. Mora, P.E. Kimley-Horn and Associates, Inc. Date: August 29, 2016 Re: North Beach Resort Final Review of Traffic Analysis Kimley-Horn has reviewed the initial Traffic Impact Study (dated July 14, 2016) and the supplemental analyses (dated August 10, 2016, August 16, 2016, and August 25, 2016) prepared by Susan E. O’Rourke, P.E., Inc. related to the above-mentioned project. The subject development, which will include up to 135 hotel rooms, 69 condominium residential dwelling units, 3,806 square feet of convenience store space and 8,785 square feet of high turnover sit-down restaurant space, is expected to generate 2,812 net new external daily trips, 243 net new external AM peak hour trips (118 inbound / 125 outbound), and 225 net new external PM peak hour trips (126 inbound / 99 outbound). The traffic analysis indicates that all roadways and intersections within the project study area are projected to operate acceptably upon buildout of the project (year 2021) and no offsite improvements are required. Access to the project site will be provided via one full access connection on Shorewinds Drive, one full access connection along SR A1A, and one right-in/right-out access connection along SR A1A. Coordination between the applicant and the Florida Department of Transportation is ongoing related to the specific access connection locations along SR A1A. It is anticipated that striping modifications along the project’s SR A1A frontage will be necessary to accommodate the proposed access. We have no further comments for the applicant at this time and have concluded that the traffic study for the subject development meets the traffic concurrency requirements within the St. Lucie County Land Development Code. Thank you for the opportunity to assist St. Lucie County in reviewing this project. Please contact us if you have any questions or need additional information. 4.B.l Packet Pg. 146 At t a c h m e n t 4 . B . l : T r a f f i c C o n s u l t a n t R e v i e w o f T r a f f i c A n a l y s i s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) kimley-horn.com 445 24th Street, Suite 200, Vero Beach, Florida 32960 772 794 4100 To: Jeffrey Johnson Senior Planner St. Lucie County Planning and Development Services From: Nicholas J. Mora, P.E. Kimley-Horn and Associates, Inc. Date: September 6, 2016 Re: North Beach Resort Review of Parking Analysis Kimley-Horn has reviewed the initial Parking Analysis (dated August 31, 2016) and the revised Parking Analysis (dated September 2, 2016) prepared by Susan E. O’Rourke, P.E., Inc. related to the above-mentioned project. The subject project, which will include up to 135 hotel rooms, 69 condominium residential dwelling units, 3,806 square feet of convenience store space and 8,785 square feet of high turnover sit-down restaurant space, is projected to experience the following maximum parking demands (calculated by the applicant using rates obtained from the Institute of Transportation Engineers’ Parking Generation Manual):  12:00am to 8:00am – 203 vehicles  8:00am to 6:00pm – 235 vehicles  6:00pm to 12:00am – 303 vehicles There are 311 parking spaces being provided for the project (271 on-site parking spaces and 40 on- street parking spaces along Shorewinds Drive). These 311 parking spaces exceed the above noted maximum projected parking demand of 303 vehicles. Understanding that there is the potential for the general public (non-resort guests or customers) to utilize the 40 on-street parking spaces along Shorewinds Drive, we recommend that parking characteristics in the vicinity of the project be monitored following buildout of the project to ensure that a parking capacity deficiency does not impact the adjacent residential streets south of Shorewinds Drive. Based on input provided by the applicant, shuttle services to and from the project will likely be provided, which could lessen the project’s parking demand and avoid impacting the adjacent residential area south of the project. We have no further comments for the applicant at this time. Thank you for the opportunity to assist St. Lucie County in reviewing this project. Please contact us if you have any questions or need additional information. 4.B.m Packet Pg. 147 At t a c h m e n t 4 . B . m : T r a f f i c C o n s u l t a n t R e v i e w o f R e q u i r e d P a r k i n g ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.n Packet Pg. 148 At t a c h m e n t 4 . B . n : F i r e D i s t r i c t A p p r o v a l ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) Environmental resources Memorandum TO: Jeffrey Johnson, Planning & Development Services Department THROUGH: Amy Griffin, Environmental Resources Director FROM: Benjamin Balcer, Senior Environmental Planner DATE: September 2, 2016 SUBJECT: Orchid Beach Resort Final Report PNRD 720165039 TLDC 720165040 Background The Environmental Resources Department (ERD) is in receipt of the September 2, 2016 emailed resubmittal. The applicant is seeking preliminary and final Planned Non-Residential Development (PNRD) approval to develop a ten (10) story hotel with 135 rooms, 60 condominiums, and 9 detached residential units. The hotel proposes to include amenities such as a pool, venue space and beach access. Additionally, the development incorporates a 3,132 sq. ft. market and 6,385 sq. ft. restaurant. The majority of the onsite parking will be provided by a surface lot, as well as a two-story parking deck. The applicant is also seeking a Text Amendment to the Land Development Code to allow for 5% of the total number of condo-hotel units to be exempt from the length of stay requirements. The Future Land Use designation of the subject parcel is Commercial (COM), with a zoning designation of Commercial Resort (CR). The property is bordered to the north by a condominium building, North Highway A1A to the west, and vacant land and a motel to the south. The property is located on North Hutchinson Island, at the northeast corner of the intersection of North Highway A1A and Shorewinds Drive. The subject property is 11.9 acres and consists of 6.5 acres of disturbed lands, 4.5 acres of coastal scrub, and 0.9 acres of beach. The subject property has been partially developed in the past with a hotel building and as a result, the western two-thirds of the property is mostly cleared and has been maintained by mowing. The eastern portion of the property remains vegetated with native coastal strand vegetation, however there is a significant amount of non-native Brazilian pepper, Australian pine, carrotwood and Hawaiian scaevola. The encroachment of these exotic species can be attributed to the lack of habitat management. Findings The applicant proposes to remove all exotic species found onsite and restore the 3.88-acres of the coastal scrub area found onsite. The total native upland habitat to be restored and preserved in perpetuity under a Conservation Easement is equivalent to 86% of the existing native habitat found onsite. This preserve area will include portions of both the front and rear dune, which will be maintained by the Orchid Beach Property Owners Association in accordance with the ERD approved Preserve Area Monitoring and Management Plan. The applicant has proposed two (2) elevated dune crossovers and has provided a 5-foot wide access easement on the southern boundary of the site to provide the public access to the beach through the utilization of an existing at grade dune crossover. The proposed plan will not impact any native vegetation that requires tree mitigation. The applicant has proposed to relocate and utilize the 49 native cabbage palm tree found onsite, to meet a portion of the landscaping requirements. A landscape plan, dated August 30, 2016 and drawn by Cotleur & Hearing, has been reviewed and found consistent with Land Development Code 7.09.00. Additionally, the applicant has provided a 6ft. tall masonry wall and landscaping between their proposed development and the condominium to the north. 4.B.o Packet Pg. 149 At t a c h m e n t 4 . B . o : E R D F i n a l R e p o r t ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) Listed species impacts include gopher tortoises and commensal species. A condition of site plan approval requires a gopher tortoise survey prior to issuance of a vegetation removal permit of exemption. Prior to the initiation of any site development work, a Florida Fish and Wildlife Conservation Commission (FWC) permit to relocate any impacted gopher tortoise will be required. Additionally, the applicant has prepared and will implement a Sea Turtle Protection Plan. Impacts to sea turtles are not anticipated given the protection measures, including lighting requirements, laid out in the submitted plan. Recommendation ERD recommends approval of the proposed preliminary and final Planned Non-Residential Development with the conditions as outlined below. Conditions of Approval Subject to resolution of the findings listed above, the following is a partial list of conditions of approval: 1) Prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the developer shall provide an executed Conservation Easement, approved Preserve Area Monitoring and Management Plan (PAMMP), Dune Restoration Plan and Sea Turtle Protection Plan (STPP) with an attached affidavit and cashier's check (payable to the Clerk of the Court for recording fees) to the County Attorney. A copy of a standard Conservation Easement can be found on the St. Lucie County Environmental Resources Department website at: http://www.stlucieco.gov/pdfs/Conservation_Easement_Form.pdf. 2) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall include the following information within the Declaration of Condominium documents: a. Restrictions on any encroachment into the preserve areas, as well as restrictions on vegetation removal outside the building pad areas. [Comprehensive Plan Policy 8.1.8.5] b. References to the Preserve Area Management Plan (PAMMP) and Sea Turtle Protection Plan (STPP). c. Disclosure regarding the COBRA zone designation for this property. d. Mechanism for perpetual financial responsibility of the Condominium Owners’ Association for future dune maintenance. 3) Prior to the issuance of a Vegetation Removal Permit or Exemption, the developer shall provide the Environmental Resources Department with a copy of an informational brochure relating to sea turtle nesting and the importance of keeping window shades closed and beach furniture removed at night during nesting season. This brochure shall be distributed to all hotel guests during sea turtle nesting season, which is March 1st through November 15th. 4) Prior to the issuance of a Vegetation Removal Permit or Exemption, the developer shall provide the Environmental Resources Department with a copy of a static window cling, that shall be placed on all ocean facing windows within the hotel and condominium units during sea turtle nesting season, which is March 1st through November 15th. 5) Prior to the issuance of a Certificate of Occupancy, all seaward and shore-perpendicular facing windows and doors shall be fitted with tinted glass or film with a visible light transmittance value of forty-five (45) percent or less. A registered Florida architect or engineer shall conduct a nighttime survey with all of the beachfront lighting turned on and provide a report of the inspection to the Environmental Resources Department as outlined in the approved Sea Turtle Protection Plan. If any violations of the sea turtle lighting code are identified a Certificate of Occupancy shall not be issued until all violations have been corrected. 4.B.o Packet Pg. 150 At t a c h m e n t 4 . B . o : E R D F i n a l R e p o r t ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 6) Prior to the issuance of a Certificate of Occupancy, informational sea turtle signage shall be installed on each dune crossover. 7) The issuance of County development permit does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 8) All other applicable State or Federal permits must be obtained before commencement of the development. 9) Prior to issuance of a Vegetation Removal Permit or Exemption, listed species surveys including but not limited to gopher tortoise surveys shall be updated as required per state and/or federal survey protocol. Should any listed species be found as a result of these updated surveys appropriate permits from state and federal agencies shall be required. 10) Prior to issuance of a Vegetation Removal Permit or Exemption, the developers, their successor or assigns, shall conduct a pre-construction meeting with construction personnel and Environmental Resources Department staff, addressing vegetation protection measures. 4.B.o Packet Pg. 151 At t a c h m e n t 4 . B . o : E R D F i n a l R e p o r t ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) Natural Resource Management, Wetland, and Environmental Permitting Services 601 HERITAGE DRIVE, SUITE 124 • JUPITER, FL 33458 • PHONE (561) 623-5475 • FAX (561) 623-5481 ORCHID BEACH RESORT ENVIRONMENTAL IMPACT REPORT Prepared for: HEATON COMPANIES Prepared by: EW CONSULTANTS, INC. July 2016 4.B.p Packet Pg. 152 At t a c h m e n t 4 . B . p : E I R ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) ORCHID BEACH RESORT Environmental Impact Report St. Lucie County, FL E W C O N S U L T A N T S, I N C. 1 INTRODUCTION This document provides an Environmental Impact Report (EIR) for an 11.9 acre parcel located on North Hutchinson Island in northeastern St. Lucie County. The property is in Section 25, Township 43 South, Range 40 East. The site is bounded on the east by the Atlantic Ocean, on the west by SR A1A, on the north by a condominium development, and on the south by Shorewinds Drive. Location maps and an aerial photograph are included as Figures 1 through 3. This report includes an inventory of the vegetative communities present and an assessment of the potential impacts to natural resources. PROPERTY DESCRIPTION The subject property is currently undeveloped and partially vegetated with habitat typical of the barrier island system found along the central and southern Florida Atlantic coast. The property has been partially developed in the past with a hotel building and as a result, the western two- thirds of the property is mostly cleared and appears to be maintained through mowing. There are scattered clumps of trees and shrubs within this area. The eastern portion of the property remains vegetated with some vegetation typical of a coastal strand habitat, however there is a significant amount of non-native vegetation such as Brazilian pepper, Australian pine, carrotwood, and dense stands of beach naupaka. Historical aerials dating back to the 1950’s depict the property as almost completely cleared during that timeframe, so the level of exotic encroachment is likely a result of this historical disturbance, as well as lack of habitat management. VEGETATIVE COVER AND HABITAT ANALYSIS The following is a summary of the land cover types found on the property. These classifications were mapped based on the Florida Land Use Cover and Forms Classification System (FLUCFCS) developed by the Florida Department of Transportation. Field reconnaissance, hand held GPS, and aerial photograph interpretation were employed in the mapping of the cover types on the subject property. A FLUCFCS map is included as Figure 4. There are currently three land cover types identified within the property boundaries. They include: Coastal Scrub (322), Beaches (710), and Disturbed Area (740). The cover types observed on the property are described below: # 322 - Coastal Scrub (4.5 acres) This habitat occurs between the western disturbed portion of the property and the beach to the east. The coastal scrub can be separated into two distinct eastern and western portions based on the structure and species of vegetation within these areas. The assemblage of vegetation within the western portion of the coastal scrub consists of a combination of native and exotic invasive species. Native species include seagrape, cabbage palms, coin vine, nicker bean, smilax vine, Spanish bayonet and saw palmetto. Exotic species include Brazilian pepper, Australian pine and 4.B.p Packet Pg. 153 At t a c h m e n t 4 . B . p : E I R ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) ORCHID BEACH RESORT Environmental Impact Report St. Lucie County, FL E W C O N S U L T A N T S, I N C. 2 beach naupaka. The proportional coverage of native plant species to exotic species varies with some areas being dominated by exotic species and other areas by native species. Overall, exotic plant species contribute to approximately fifty to sixty percent of vegetation coverage. The structure of the vegetation in the western portion is taller with a predominantly closed canopy. The eastern portion of the coastal scrub has a higher proportion of native species to exotic species. Native vegetation species within this area includes seaoats, seashore dropseed, coin vine, silver-leaf croton, seapurslane, Spanish bayonet and seagrape. Exotic and invasive species include beach naupaka. The structure of the vegetation in this eastern portion is shorter and sparser with areas of exposed soil. # 710 - Beaches (0.9 acres) This habitat does not contain any vegetation due to the affects of consistent wave and tidal action. Land cover consists of exposed sand, shell and rock to varying extents. #740 - Disturbed Area (6.5 acres) This portion of the property is located west of the coastal scrub, adjacent to Highway A1A and Shorewinds Drive. The vegetation within this portion of the property is comprised of a combination of native and invasive exotic species and does not represent any one intact native community. Native vegetation consists of sabal palms, seagrape, saltbush, coin vine and beach sunflower; Exotic invasive vegetation includes Brazilian pepper, Australian pine, carrot wood and beach naupaka. Ground cover generally consists of a variety of mowed grasses including seashore paspalum and crabwitch grass; ruderal weeds such as shrubby false buttonweed and exposed soils. The plant assemblage as well as distinctive alterations in topography within this area gives positive indication of previous development activities. SOIL DESCRIPTION Two soil types are found on the site according to the Soils Survey of St. Lucie County, Florida, and are described below (Figure 4). #9 – Beaches This soil category typically consists of very rapidly permeable sand. The water table ranges from 0 to 6 feet or more, but is highly variable depending on the physical and environmental conditions of the surrounding area. Most beaches have no vegetation, but inland edges are sometimes sparsely covered with moonvine, railroad vine, sea oats and seashore bermudagrass. #10 – Canaveral fine sand, 0 to 5 percent slopes 4.B.p Packet Pg. 154 At t a c h m e n t 4 . B . p : E I R ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) ORCHID BEACH RESORT Environmental Impact Report St. Lucie County, FL E W C O N S U L T A N T S, I N C. 3 This soil is usually found on low dune-like ridges and side slopes bordering depressional areas. The water table is typically between 10 and 40 inches from the surface for 2 to 6 months most years and within 60 inches the remainder of the year. Rainfall is rapidly absorbed and little is retained within in the soil. In most areas, typical natural vegetation is cabbage palms, scattered saw palmetto, magnolia, bay and scattered slash pine. The understory consists of inkberry and pineland threeawn. POTENTIAL ENVIRONMENTAL IMPACTS During field reconnaissance, observations were made for the potential presence of listed species and other wildlife. A population of gopher tortoises was observed during the site assessment. Gopher tortoise burrows were found throughout the disturbed area, with a few burrows also found in the Coastal Scrub area. Ghost crabs and their burrows in the foredune and land crabs and their burrows in the coastal scrub were observed. Common grackle and northern cardinal were the only bird species observed on the property during the assessment. While not observed on the site, the dune and coastal scrub are potential nesting and foraging habitat for the Florida beach mouse, a state and federally threatened listed species. The beach area also provided nesting habitat for four species of sea turtles. The table below summarizes potential for occurrence of protected wildlife species on the site. Common Name Latin Name Status Likelihood of Occurrence* Potential On-Site Habitat Beach mouse Peromyscus polionotus niveiventris Threatened – state and federal L, R Primary dune – nesting & foraging Gopher tortoise Gopherus Polyphemus Threatened-state H,R Disturbed area, coastal scrub Loggerhead sea turtle Caretta caretta Threatened – state and federal H, T Beach – nesting Green sea turtle Chelonia mydas Endangered – state and federal H, T Beach – nesting Leatherback sea turtle Dermochelys coriacea Endangered - state and federal H, T Beach – nesting Hawksbill sea turtle Eretmochelys imbricata Endangered - state and federal L, T Beach – nesting Piping plover Charadrius melodus Threatened – state and federal M, T Beach – nesting & foraging American oystercatcher Haematopus palliatus Species of special concern – state M, T Beach – nesting & foraging Brown pelican Pelecanus occidentalis Species of special concern - state H, T Beach – foraging Black skimmer Rynchops niger Species of special concern - state M,T Beach – nesting & foraging Least tern Sterna antillarum Threatened - state M,T Beach – nesting & foraging *H – High, M – Medium, L– Low, R – Resident; T – Transitory 4.B.p Packet Pg. 155 At t a c h m e n t 4 . B . p : E I R ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) ORCHID BEACH RESORT Environmental Impact Report St. Lucie County, FL E W C O N S U L T A N T S, I N C. 4 Gopher tortoises found within proposed development areas will be relocated to a permitted recipient area in accordance with Florida Fish and Wildlife Conservation Commission (FWC) regulations. No impacts to any other listed species mentioned above are anticipated provided that standard protection measures are implemented before, throughout, and after the completion of the construction phase. Protection measures will be outlined in the Preserve Area Monitoring and Maintenance Plan and the Sea Turtle Protection Plan which will provide adequate protection measures during sea turtle nesting. The only other potential resident listed species which may utilize the site is the southeastern beach mouse. According to the U.S. Fish & Wildlife’s Multi-Species Recovery Plan for this species, populations were documented at Pepper Beach County Park and the Fort Pierce Inlet State Recreation Area in the early 1990’s. The plan goes on to state, “No beach mice were found during recent surveys in St. Lucie County; it is possible that this species is extirpated there.” In addition, it has been found that the beach mouse utilizes the beach and primary dune for burrowing and foraging. In Indian River County, it has been documented that the mouse inhabits dunes one to three meters in width and dominated by sea oats and panicum grasses; they do not occur in areas where woody vegetation is greater than two meters in height according to the multi-species recovery plan. On-site vegetation west of the primary dune is typically higher than two meters. AVOIDANCE, MINIMIZATION AND MITIGATION DISCUSSION WETLAND AREAS There are no State or Federal jurisdictional wetland areas found on this property. UPLAND AREAS The project site consists of approximately 4.5 acres of disturbed coastal scrub area. Of this area, approximately 3.9 acres of coastal scrub will be restored and preserved east of the development area in the dune preservation zone. The coastal scrub consists of front dune and back dune habitat and will be restored as such, with appropriate plant species determined by ground elevations and surrounding native species and conditions. In general, the coastal scrub exists from the eastern toe of slope of the primary dune to the CCCL line. These areas will be will be re-vegetated with appropriate coastal scrub species. The nuisance and exotic species will be removed and maintenance plan will be implemented to control exotic and nuisance species in the long term. Further details of the restoration, maintenance and monitoring will be included in the PAMMP. 4.B.p Packet Pg. 156 At t a c h m e n t 4 . B . p : E I R ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) ORCHID BEACH RESORT Environmental Impact Report St. Lucie County, FL E W C O N S U L T A N T S, I N C. 5 CONCLUSION The Orchid Beach Resort project as proposed includes construction of a hotel, a restaurant and several residential structures. Also included are associated access roads, parking, stormwater areas and dune crossovers. The proposed site plan also includes a dune preservation zone of approximately 3.9 acres. This zone will be important to the survival and proliferation of species which are dependent upon the beach and dune habitats of south Florida. In addition, development of the site is concentrated along the SR A1A frontage where the land has been previously disturbed. The population of gopher tortoises found within proposed development areas on the site will be relocated to a permitted off-site recipient area in accordance with FWC rules and regulations. A formal 100% survey of the property will be conducted prior to application for the relocation permit to determine the exact number of burrows and tortoises. The gopher tortoises located within proposed preservation areas will remain in place if it is determined that restoration activities will not impact them. While minor impacts are proposed to native upland vegetation that falls west of the CCCL, the mitigating efforts including dune restoration, dune preservation, implementation of a Sea Turtle Protection Plan and a Preserve Area Maintenance and Monitoring Plan will adequately offset such impacts. 4.B.p Packet Pg. 157 At t a c h m e n t 4 . B . p : E I R ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) ORCHID BEACH RESORT Environmental Impact Report St. Lucie County, FL E W C O N S U L T A N T S, I N C. 6 APPENDIX A Maps and Figures: Figure 1: Location Map Figure 2: Quad Map Figure 3: Aerial Photograph Figure 4: FLUCFCS Map Attachment: USDA Soils Report 4.B.p Packet Pg. 158 At t a c h m e n t 4 . B . p : E I R ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 601 Heritage Drive, Suite 124 Jupiter, Florida 33458561-623-5475 Fax 561-623-5481www.ewconsultants.com ORCHID BEACH RESORTLOCATION MAPEW Consultants, Inc.DATE: JULY 2016 FIGURE 1 0 1,000 FeetLEGEND- SITE (11.9+/- AC) 4.B.p Packet Pg. 159 At t a c h m e n t 4 . B . p : E I R ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 601 Heritage Drive, Suite 124 Jupiter, Florida 33458 561-623-5475 Fax 561-623-5481 www.ewconsultants.com FIGURE EW Consultants, Inc. QUAD 2 JULY 2016 ORCHID BEACH RESORT SHOREWINDS DRA-1-A N O R T H A - 1 - A ATLANTIC OCEAN USGS QUAD MAP "FORT PIERCE", SECTION 25, TOWNSHIP 43 SOUTH, RANGE 40 EAST, FORT PIERCE, SAINTLUCIE COUNTY, FLORIDA, LATITUDE 27°29'09" LONGITUDE -80°17'50" LEGEND - SITE (11.9± AC) A T L A N T I C B E A C H B L V D 4.B.p Packet Pg. 160 At t a c h m e n t 4 . B . p : E I R ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 601 Heritage Drive, Suite 124 Jupiter, Florida 33458 561-623-5475 Fax 561-623-5481 www.ewconsultants.com FIGURE EW Consultants, Inc. AERIAL 3 JULY 2016 ORCHID BEACH RESORT SHOREWINDS DRA-1-A NO R T H A - 1 - A ATLANTIC OCEAN ST. LUCIE COUNTY AERIAL DATED 2014 4.B.p Packet Pg. 161 At t a c h m e n t 4 . B . p : E I R ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 740 740 740 322 322 710 710 322 SHOREWINDS DRA-1-A NO R T H A - 1 - A ATLANTIC OCEAN GOOGLE EARTH IMAGERY DATED 2016 FIGUREEW Consultants, Inc. 601 Heritage Drive, Suite 124 Jupiter, Florida 33458 561-623-5475 Fax 561-623-5481 www.ewconsultants.com 4 JULY 2016 ORCHID BEACH RESORT FLUCFCS MAP LEGEND 322 - COASTAL SCRUB (4.5± AC) 710 - BEACHES (0.9± AC) 740 - DISTURBED LANDS (6.5± AC) TOTAL (11.9± AC) 4.B.p Packet Pg. 162 At t a c h m e n t 4 . B . p : E I R ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) Soil Map—St. Lucie County, Florida (ORCHID BEACH RESORT) Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 7/14/2016 Page 1 of 3 30 4 0 3 3 0 30 4 0 3 7 0 30 4 0 4 1 0 30 4 0 4 5 0 30 4 0 4 9 0 30 4 0 5 3 0 30 4 0 5 7 0 30 4 0 3 3 0 30 4 0 3 7 0 30 4 0 4 1 0 30 4 0 4 5 0 30 4 0 4 9 0 30 4 0 5 3 0 30 4 0 5 7 0 569250 569290 569330 569370 569410 569450 569490 569530 569570 569610 569650 569250 569290 569330 569370 569410 569450 569490 569530 569570 569610 569650 27° 29' 13'' N 80 ° 1 7 ' 5 6 ' ' W 27° 29' 13'' N 80 ° 1 7 ' 4 1 ' ' W 27° 29' 4'' N 80 ° 1 7 ' 5 6 ' ' W 27° 29' 4'' N 80 ° 1 7 ' 4 1 ' ' W N Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 17N WGS84 0 50 100 200 300Feet 0 25 50 100 150Meters Map Scale: 1:1,910 if printed on A landscape (11" x 8.5") sheet. 4.B.p Packet Pg. 163 At t a c h m e n t 4 . B . p : E I R ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: http://websoilsurvey.nrcs.usda.gov Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: St. Lucie County, Florida Survey Area Data: Version 8, Nov 19, 2015 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Dec 15, 2010—Mar 13, 2011 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Soil Map—St. Lucie County, Florida (ORCHID BEACH RESORT) Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 7/14/2016 Page 2 of 3 4.B.p Packet Pg. 164 At t a c h m e n t 4 . B . p : E I R ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) Map Unit Legend St. Lucie County, Florida (FL111) Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 9 Beaches 1.2 10.2% 10 Canaveral fine sand, 0 to 5 percent slopes 10.4 86.8% 100 Waters of the Atlantic Ocean 0.4 3.1% Totals for Area of Interest 11.9 100.0% Soil Map—St. Lucie County, Florida ORCHID BEACH RESORT Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 7/14/2016 Page 3 of 3 4.B.p Packet Pg. 165 At t a c h m e n t 4 . B . p : E I R ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) EW Consultants, Inc. Natural Resource Management, Wetland, and Environmental Permitting Services 601 Heritage Drive, Suite 124 •Jupiter, FL 33458 • 561-623-5475 • Fax 561-623-5481 www.ewconsultants.com ORCHID BEACH RESORT PRESERVE AREA MONITORING AND MAINTENANCE PLAN Prepared by: EW Consultants, Inc. © EW Consultants, Inc. August 2016 4.B.q Packet Pg. 166 At t a c h m e n t 4 . B . q : P A M M P ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) ORCHID BEACH RESORT PRESERVE AREA MANAGEMENT AND MAINTENANCE PLAN 601 Heritage Drive, Suite 124 • Jupiter, FL 33458 • 561-623-5475 • Fax 561-623-5481 www.ewconsultants.com I. INTRODUCTION The Orchid Beach project site consists of approximately 11.9 acres of land located on North Hutchinson Island, east of State Road A1A in Section 25, Township 43 South, Range 40 East, St Lucie County, Florida. The site is bounded on the east by the Atlantic Ocean, on the west by State Road A1A, on the north by a condominium development, and on the south by Shorewinds Drive. Location maps and an aerial photograph are included as Figures 1 through 3. This Preserve Area Management and Monitoring Plan (PAMMP) has been prepared for the proposed dune preservation area on the site. The plan addressed the delineation of the preserve area, prohibited activities, and monitoring and maintenance for the preserve area. II. EXISTING SITE CONDITIONS Existing communities located within the project site include Coastal Scrub, Disturbed Areas and Beach. Vegetative species of each community have been described in the Environmental Impact Report (EIR) previously prepared for the project. A total of 4.5 acres of Coastal Scrub, 6.5 acres of Disturbed Area and 0.9 acres of beach area exist on the site. III. DELINEATION AND DESCRIPTION OF PRESERVE AREA For purposes of this PAMMP, the preserve area is shown on the Master Site Plan for Orchid Beach as prepared by Cotleur & Hearing (Figure 4). . For the purpose of planning and conveyance of information within this PAMMP, the coastal scrub area has been separated into two distinct portions based on the structure, plant species assemblages and topography within these areas. The eastern portion of the coastal scrub will be referred to as the ‘front dune’, and the western portion as the ‘back dune’. The front dune consists of mostly herbaceous plant species such as sea oats and is of higher elevation then the back dune. The back dune consists primarily of taller woody vegetation such as sea grape and is typically lower in elevation than the front dune. Collectively, the front and rear dune areas to be preserved are herein referred to as the preserve, preserve area or dune preservation zone. Total native upland habitat to be restored and preserved will be 3.9 acres which is equivalent to 86% of the existing native habitat. The preserve will include portions of both the front and back dunes. Exotic plant species within the back dune area contribute to approximately fifty to sixty percent of vegetation coverage. The front dune has significantly less coverage of exotic species and as such will not require as much restoration. See Figures 5 and 6 for front and back dune planting plans. A proposed 20 foot wide beach access easement will traverse through the coastal scrub area along the northern property boundary. This easement is included within the preserve area and PAMMP. A preexisting walkway traversing through the coastal scrub area is located near the southern 4.B.q Packet Pg. 167 At t a c h m e n t 4 . B . q : P A M M P ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) ORCHID BEACH RESORT PRESERVE AREA MANAGEMENT AND MAINTENANCE PLAN 601 Heritage Drive, Suite 124 • Jupiter, FL 33458 • 561-623-5475 • Fax 561-623-5481 www.ewconsultants.com property boundary which provides public access to the beach. This walkway is located within the proposed preserve area and is expected to remain as an access path. Two elevated boardwalks are proposed to be installed within the preserve area to provide residents and visitors of the development with access to the beach. The preserve area exceeds the 25% native plant community requirements of Section 6.02.01D of the St. Lucie County Land Development Regulations. The applicant is proposing preservation of 86% of existing coastal scrub (front and back dune) communities. The enhanced dune preservation zone will be placed in conservation easement in favor of St. Lucie County to be preserved in perpetuity. Figure 7 depicts the conservation easement area. IV. SURVEY REQUIREMENTS The preserve area shall be surveyed and staked based on the approved Final Site Plan for the Orchid Beach project. No plant material shall be removed from the Preserve Area to facilitate surveying, fencing, or soil boring without prior permission from the St. Lucie County Environmental Resources Division. A. Barricading Requirements The Applicant will ensure that the Preserve Area is protected with physical barriers during all clearing and construction activities in accordance with the following guidelines. 1. Preserve area signs shall be in place and accepted by St. Lucie County ERD staff prior to issuance of Certificate of Occupancy. 2. Barricades (not including turbidity screens) will be high visibility orange safety fence with a final height of at least 4 feet above the ground. Barricades shall not be attached to vegetation. 3. All barricades and turbidity screens will be upright and maintained intact for the duration of construction. 4. Where areas are proposed for clearing (i.e. building envelope, utilities, drainage, road right-of-way, etc.) the bright orange barricades must be offset at least 10 feet outside the Preserve Area or placed at the dripline of the canopy trees, whichever is greater. 5. All native vegetation (not approved for removal as part of development plans) shall be retained in their undisturbed state and will be barricaded at or outside the drip line of the trees. 6. Cut or fill will meet existing grade without encroaching into the Preserve Area. 4.B.q Packet Pg. 168 At t a c h m e n t 4 . B . q : P A M M P ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) ORCHID BEACH RESORT PRESERVE AREA MANAGEMENT AND MAINTENANCE PLAN 601 Heritage Drive, Suite 124 • Jupiter, FL 33458 • 561-623-5475 • Fax 561-623-5481 www.ewconsultants.com 7. In the event that any protective barricades are removed or altered and land clearing or construction work is being conducted on-site, all work at the site will be stopped until the barriers are restored and any necessary corrective actions taken to repair or replant of any vegetation removed or damaged as a result of encroachments. 8. Additional measures, such as split rail fence, will be installed following construction activities to provide continuous protection of the preserve area (Figure 8). 9. The preserve area will be posted with signage marked “Preserve Area” (Figure 9). 10. Two Sea Turtle Protection signs will be placed at the front of the dune cross-overs (Figure 8 and 10). 11. Split-rail fencing will be placed along the western side of the dune preservation zone to ensure that residents utilize the dune cross-overs to access the beach (Figure 8). B. Prohibited Activities Prohibited activities in the preserve area includes, but are not limited to: construction or placing of building materials on or above the ground; dumping or placing soil or other substances such as garbage, rash, and cuttings; removal or destruction of native trees, shrubs or other native vegetation, except within the 20-foot access easement; any planting within the preserve area except as provide for by permit; excavation, dredging or removal of soil materials; diking or fencing; vehicular traffic including recreational vehicles and off road vehicle use; any unauthorized pedestrian or motorized use within the conservation easement areas shall be punishable by applicable Federal, State, and County regulations; permanent irrigation, trimming, pruning or fertilization; and any other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife conservation and preservation. To best protect listed sea turtle species, a copy of the Sea Turtle Protection Plan will be attached to the Property Owners Association documents. No hazardous material other than fuel for refueling on-site heavy equipment will be stored on-site during the construction phases. On-site fuel tanks will not be located within 25-feet of any preserve area and shall be removed upon completion of construction work. Development activities, such as the construction of building pads for associated structures, swales, or culverts for surface water management will not alter the hydrology of adjacent preserve areas, nor should any activities increase non-point source pollution in the preserves. 4.B.q Packet Pg. 169 At t a c h m e n t 4 . B . q : P A M M P ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) ORCHID BEACH RESORT PRESERVE AREA MANAGEMENT AND MAINTENANCE PLAN 601 Heritage Drive, Suite 124 • Jupiter, FL 33458 • 561-623-5475 • Fax 561-623-5481 www.ewconsultants.com V. RESTORATION, MANAGEMENT & MAINTENANCE ACTIVITIES Except for approved restoration, management and maintenance activities, the preserve area will be left undisturbed. All maintenance of the preserve area will be in accordance with this PAMMP. Maintenance and management activities will be performed by or under the supervision of a qualified environmental professional. The Orchid Beach Property Owners Association shall accept responsibility for perpetual maintenance and management of the preserve area and shall agree to take action against owners or guests as necessary to enforce the conditions of the conservation easement, environmental resource permits and all other conditions of this PAMMP. The following activities shall be allowed within the preserve areas with prior written approval from St. Lucie County:  Exotic plant removal and exotic plant maintenance activities  Supplemental planting of native vegetation as necessary  Removal of dead, diseased or safety hazard plant material A. Exotic Species Exotic vegetation in the preserve area shall be removed by the least ecologically damaging method available. Such methods include roller chopping, hand pulling, hand spading, chainsaw and/or treatment with appropriate herbicide. No debris, such as plant clippings or wood scraps, shall be left in the preserve area. All exotic species will be removed or treated prior to issuance of a Certificate of Occupancy. Exotic and invasive species will continually be treated in perpetuity, as necessary. B. Restoration Area Grading The dune restoration areas shall be graded where necessary to meet the dune restoration height criteria outlined in Land Development Code Section 6.02.01.F. The criteria is as follows: All restored dunes, unless otherwise approved by the State, shall have the maximum height elevation specified below: a. One (1) foot greater than the minimum required flood elevation for the subject parcel of land; or b. Equal to the height of the adjacent dune. In no case shall the restored dune be less than eight (8) feet in elevation above mean sea level, i.e., the nineteen (19) year hourly average of heights as defined by the Florida Department of Environmental Protection in Chapter 16B-33, Florida Administrative Code, unless otherwise approved by the State. 4.B.q Packet Pg. 170 At t a c h m e n t 4 . B . q : P A M M P ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) ORCHID BEACH RESORT PRESERVE AREA MANAGEMENT AND MAINTENANCE PLAN 601 Heritage Drive, Suite 124 • Jupiter, FL 33458 • 561-623-5475 • Fax 561-623-5481 www.ewconsultants.com C. Supplemental Planting Any revegetation which may be necessary as a result of exotic vegetation removal or site construction activities shall consist of native plant species indicative of the existing adjacent plant communities (Figures 5-7). This will ensure that the preserve area maintain indigenous plant associations. Supplemental planting plans shall be submitted to St. Lucie County for approval prior to implementation, which will include species listed in Figures 5 and 6. D. Removal of Plant Material No native plant material shall be removed from the preserve area, except for in the 20- foot access easement, where only herbaceous plants will be allowed. Dead or diseased plant material may be removed from the dune preservation zone only upon a written finding by St. Lucie County that the material creates a safety hazard to buildings within the fall zone of the material or if the material does not add to the continued health of the preserve area. Supplemental planting may be required for any removed plant material. VI. MISCELLANEOUS PROVISIONS AND RESTRICTIONS A. Dust During construction, dust annoyance to adjacent property owners and the preserve area shall be eliminated via application of water or other approved means. B. Noise Noise resulting from the project site construction shall not exceed the noise levels and other requirements stated in St. Lucie County Ordinances. C. Periodic Cleanup/Basic Site Restoration During construction, all accumulated debris and cleared vegetation will be removed from the project site on a regular basis, and as ordered by the Environmental Consultant and/or Project Engineer. NO construction debris or cleared vegetation shall be moved or stored within the preserve areas. D. Water Quality Turbidity curtains and erosion control structures will be installed around all Preserve Areas to prevent siltation and encroachment of turbid waters. All turbidity curtains and erosion control structures installed will be inspected by the Engineer and Environmental Consultant prior to construction activities. Additionally, the number, verbiage, and location of signs and fences will be accepted by SLC ERD staff prior to 4.B.q Packet Pg. 171 At t a c h m e n t 4 . B . q : P A M M P ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) ORCHID BEACH RESORT PRESERVE AREA MANAGEMENT AND MAINTENANCE PLAN 601 Heritage Drive, Suite 124 • Jupiter, FL 33458 • 561-623-5475 • Fax 561-623-5481 www.ewconsultants.com the issuance of a certificate of occupancy (Figures 8-10). In accordance with the State NPDES stormwater permitting program, the project engineer will be required to develop a Stormwater Pollution Prevention Plan (SWPPP) for implementation during project construction and submit a Notice of Intent (NOI) to DEP. E. Chemical, Fuel and Other Hazardous Materials All chemicals, fuel, and other hazardous materials used on site during construction activities, whether herbicide, pesticide, solvent, or reactant of other classification, will be required to have Environmental Protection Agency (EPA) or Housing and Urban Development (HUD) approval. The handling, use, storage, and disposal of such materials, containers or residues shall be in strict conformance with the manufacturer and/or suppliers instructions. NO chemicals, fuel, or other hazardous materials will be stored within the preserve area. A hazardous substance cleanup kit will be kept on-site during construction activities. NO chemicals, fuel, or other hazardous materials will be stored within 25 feet of the preserve area. F. Construction Equipment No heavy equipment or construction equipment shall be stored, cleaned, repaired, or fueled within 25 feet of a preserve area. G. Access Easement This PAMMP recognizes that a 20-foot wide beach and dune access easement is included within the northern end of the dune preservation zone as shown on Figure 7 and the project final site plan. The access easement will be maintained by the POA for future necessary dune maintenance and/or restoration. The access easement may be planted in herbaceous material only and will be maintained free of any woody vegetation. VII. MONITORING AND MAINTENANCE PLAN The proposed preserve area on the project site will be monitored annually for a five year period. The preserve area will be placed in a conservation easement in favor of St. Lucie County and maintained by the POA in perpetuity. A time-zero monitoring report will be completed prior to first certificate of occupancy. Monitoring will be conducted annually and annual reports documenting the results of the annual monitoring events will be prepared to convey the conditions within the preserve area. The reports will include vegetation analysis, wildlife observations, panoramic photographs and a summary of the findings. 4.B.q Packet Pg. 172 At t a c h m e n t 4 . B . q : P A M M P ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) ORCHID BEACH RESORT PRESERVE AREA MANAGEMENT AND MAINTENANCE PLAN 601 Heritage Drive, Suite 124 • Jupiter, FL 33458 • 561-623-5475 • Fax 561-623-5481 www.ewconsultants.com A. Monitoring Set-up Two monitoring transects, each with four monitoring quadrats will be established within the preserve area (Figure 11). Each monitoring quadrat will be marked within the center of the quadrat with a PVC pipe. Species presence and percent cover will be documented within twenty-five feet of each quadrat marker for a total of approximately 2,000 square feet of monitored area per quadrat and 16,000 square feet of monitored area overall. Each quadrat markers will also serve as the locations for photo-point monitoring stations. B. Panoramic and Quadrat Photographs During each monitoring event, a panoramic photograph of will be taken from both ends of each transect. A single photograph will also be taken at each sampling quadrat. The photographs will provide additional documentation of the conditions within the preserve area. C. Wildlife Observations Presence of wildlife (birds, mammals, amphibians and reptiles) will be conducted during each monitoring event. Wildlife utilization will be determined by sighting, scat, calls, nests, burrows, tracks, etc. A species list of observed wildlife from each of the monitoring events will be compiled and included in the annual reports. D. Exotic Plant Species Exotic and nuisance plant species found within the preserve area will be treated or removed and maintained in perpetuity. Routine maintenance will be performed on at least a semi-annual basis or more frequently depending on conditions during each monitoring event or review of the preserve area. The preserve area will be maintained with < 5% of listed exotic vegetation as defined by the Exotic Pest Plant Council (Table 1). 4.B.q Packet Pg. 173 At t a c h m e n t 4 . B . q : P A M M P ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) ORCHID BEACH RESORT PRESERVE AREA MANAGEMENT AND MAINTENANCE PLAN 601 Heritage Drive, Suite 124 • Jupiter, FL 33458 • 561-623-5475 • Fax 561-623-5481 www.ewconsultants.com LIST OF FIGURES 1. Location Map 2. Quad Map 3. Aerial 4. Site Plan 5. Front Dune Planting Plan 6. Back Dune Planting Plan 7. Dune Preservation Area 8. Preserve Fence & Sign Map 9. Preserve Sign Details 10. Sea Turtle Sign Details 11. Monitoring Plan ATTACHMENT 1. Florida Exotic Pest Plant Council Category I Invasive Exotic Species (2015) 4.B.q Packet Pg. 174 At t a c h m e n t 4 . B . q : P A M M P ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 601 Heritage Drive, Suite 124 Jupiter, Florida 33458561-623-5475 Fax 561-623-5481www.ewconsultants.com ORCHID BEACH RESORTLOCATION MAPEW Consultants, Inc.DATE: AUG 2016 FIGURE 1 0 1,000 FeetLEGEND - SITE (11.9+/- AC) 4.B.q Packet Pg. 175 At t a c h m e n t 4 . B . q : P A M M P ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 601 Heritage Drive, Suite 124 Jupiter, Florida 33458 561-623-5475 Fax 561-623-5481 www.ewconsultants.com FIGURE EW Consultants, Inc. QUAD 2 AUG 2016 ORCHID BEACH RESORT SHOREWINDS DR A-1-A N O R T H A - 1 - A ATLANTIC OCEAN USGS 2015 QUAD MAP "FORT PIERCE", SECTION 25, TOWNSHIP 43 SOUTH, RANGE 40 EAST, FORT PIERCE, SAINT LUCIE COUNTY, FORT PIERCE, FLORIDA, LATITUDE 27°29'09" LONGITUDE -80°17'50" LEGEND - SITE (11.9± AC) A T L A N T I C B E A C H B L V D 4.B.q Packet Pg. 176 At t a c h m e n t 4 . B . q : P A M M P ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 601 Heritage Drive, Suite 124 Jupiter, Florida 33458 561-623-5475 Fax 561-623-5481 www.ewconsultants.com FIGURE EW Consultants, Inc. AERIAL 3 AUG 2016 ORCHID BEACH RESORT SHOREWINDS DRA-1-A NO R T H A - 1 - A ATLANTIC OCEAN DOT AERIAL DATED 2016 4.B.q Packet Pg. 177 At t a c h m e n t 4 . B . q : P A M M P ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) S87°17'28"E 577.91'(C N87°17'28"W (C) 735.24'(P)(C N0 0 ° 0 9 ' 2 0 " E 5 0 0 . 5 0 ' ( C ) SHOREWINDS DRIVE ST A T E R O A D A - 1 A AT L A N T I C OC E A N AeccDbNoteLabel (AeccLand100) AeccDbNoteLabel (AeccLand100) LO A D I N G 2 4 5 6 7 8 2 STORYPARKING DECK.(201 SPACES) BEACH WALK BEACH WALK 6 5 6 6 GATE DECORATIVEPAVERS, TYP. DETECTABLEWARNING, TYP. OVERHEADULILITYWIRES COASTAL CONSTRUCTIONCONTROL LINE(P.B. 19, PG.8-8G) COASTAL CONSTRUCTIONCONTROL LINE(P.B. 26, PG. 26A-26I) VISITORCALLBOX COLUMN 6' TALL MASONARY WALL WITHOUT CAP COQUINACONCRETE 10 10 10 10 HOTEL(135 ROOMS +60 CONDOMINIUMS) RESTAURANT OPEN AREA/VENUE SPACEPOOL CABANAS DUNE PRESERVATION ZONE SCULPTURE/DESIGN ELEMENT PARCELBOUNDARY PARCELBOUNDARY PARCELBOUNDARYBACK-IN 60 DEGREEANGLE PARKING STOP SIGN &STOP BAR, TYP. ENTRY SIGN 10 PORTE COCHERE SPA OUTDOORDINING 3' TALL WALLW/O CAP TRASH CORRAL 12' X 30'LOADINGZONE BACK-IN 60 DEGREEANGLE PARKING POOLPOOL POOL POOL POOL POOL POOLPOOL POOL 9 OUTDOORBAR 24 36 16 1 3 8' TALL MASONARYWALL WITHOUT CAP MARKET 10' LANDSCAPE BUFFER 20' R20' 16' 2' OVERHANG 10' 26' 12'5' 16' 2' OVERHANG 26' 26' 10' 2' OVERHANG 16' 6' SW 12'12' 20' 12' 26' 16' 10' 15' LANDSCAPEBUFFER R45' 26' 18'10'20.9' 7.8' EXISTING SIDEWALK R20'R20'R5' 5' 15' LANDSCAPEBUFFER 141' SB 6' SW R45' 26' 18'10' 16' 6' SW 6' SW 26' 26' 2' OVERHANG 10' 16' 6' SW 12' 12' 22' 262.7' 2' OVERHANG 120.7'SB 22'22.3' 10', TYP. 6' SW 21' DRIVEWAYS,TYP. R20' EXISTING NATURALDUNE CROSSOVER 7.8' 5' SW15' LANDSCAPEBUFFER R10' 12' 12' 20' BEACHACCESS EASEMENT20'CURB-CUT RESTAURANTOUTDOORSEATING LANDSCAPE AREA 16' X 73'LOADINGZONE(MARKET &HOTEL) TRASHCORRAL 6' CROSSWALK R10' 12' 5' PEDESTRIANCONNECTION VEHICULARTURN-AROUND STREETLIGHT,TYP. PARKINGLOT LIGHT,TYP. PARKINGLOT LIGHT,TYP. PEDESTRIANLIGHT,TYP. 6' BOARDWALK BOARDWALK (8) BICYCLESPACES 5' PUBLIC ACCESS EASEMENT 16.6' 60°' LANDSCAPE AREA 7.8' EXISTINGSIDEWALK 12' RELOCATEDPOWER POLE 5 6' 6' 6' 22.6' 6' 20' 15'15' 15' 18'18' 6'SW 6' SW 7.7' LANDSCAPE AREA 6 6 SITE DATA LEGAL DESCRIPTION THE SOUTH 500 FEET OF CORAL COVE BEACH, SECTION ONE, LYING EASTERLY OF THE EAST RIGHT OF WAY LINE OF STATEROAD A1A; SAID SOUTH 500 FEET BEING ALSO DESCRIBED AS TRACTS C, D, E, F AND THAT PART OF TRACT G LYING SOUTHOF A LINE PARALLEL WITH AND 500 FEET NORTH OF THE SOUTH LINE OF TRACT C, CORAL COVE BEACH, SECTION ONE ASPER THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 11, PAGES 30A AND 30B, OF THE PUBLIC RECORDS OF ST LUCIECOUNTY, FLORIDA. TOGETHER WITH LANDS LYING EASTERLY OF THE ABOVE PARCEL: A PARCEL OF LAND LYING IN SECTION 25, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEINGMORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEAST CORNER OF THE PLAT OF CORAL COVE BEACH, SECTION ONE, AS RECORDED IN PLAT BOOK11, PAGES 30A AND 30B, OF THE PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA; THENCE NORTH 17°03'09" WEST ALONGTHE EAST LIMITS OF SAID PLAT, A DISTANCE OF 531.29 FEET; THENCE SOUTH 87°17'28" EAST, A DISTANCE OF 416.21 FEETTO A POINT ON THE MEAN HIGH WATER LINE OF THE ATLANTIC OCEAN AS LOCATED DECEMBER 6, 2013; THENCE SOUTH15°26'33" WEST A DISTANCE OF 46.03 FEET; THENCE SOUTH 04°12'53" EAST A DISTANCE OF 46.28 FEET; THENCE SOUTHO6°36'07" EAST, A DISTANCE OF 44.36 FEET; THENCE SOUTH 12°51'15" EAST, A DISTANCE OF 43.52 FEET; THENCE SOUTH10°55'28" EAST, A DISTANCE OF 44.36 FEET; THENCE SOUTH 16° 33' 15" EAST, A DISTANCE OF 45.64 FEET; THENCE SOUTH31°04'53" EAST, A DISTANCE OF 45.79 FEET; THENCE SOUTH 36°27'02" EAST, A DISTANCE OF 43.53 FEET; THENCE SOUTH31°07'02" EAST, A DISTANCE OF 45.90 FEET; THENCE SOUTH 16°49'38" EAST, A DISTANCE OF 44.69 FEET; THENCE SOUTH14°07'38" EAST, A DISTANCE OF 42.79 FEET, THENCE SOUTH 24°49'52" EAST, A DISTANCE OF 49.85 FEET. THENCE LEAVINGSAID MEAN HIGH WATER LINE, RUN NORTH 87°17'28" WEST, A DISTANCE OF 405.30 FEET TO THE POINT OF BEGINNING.SAID PARCEL CONTAINS 11.93 ACRES MORE OR LESS. LOCATION MAP Not to Scale North SITE HWY A 1 A HW Y A 1 A FT. PIERCE INLETSTATE PARKMANGROVEISLAND SHOREWINDS DRIVE APPLICANT:ORCHID BEACH, LLC277 ROYAL POINCIANA WAY, SUITE 156PALM BEACH, FL 33480561.833.5500CONTACTS: GEORGE HEATON LANDSCAPE ARCHITECT/PLANNER:COTLEUR & HEARING, INC.1934 COMMERCE LANE, SUITE 1JUPITER, FL 33458561.747.6336CONTACT: DAN SORROW ENGINEER:SCHULKE, BITTLE, & STODDARD1717 INDIAN RIVER BLVD. SUITE 201VERO BEACH, FL 32960772.770.32960CONTACT: JOSEPH SCHULKE SURVEYOR:MERIDIAN1717 INDIAN RIVER BLVD, SUITE 201VERO BEACH, FL 32690772.794.1213 PROJECT TEAM ARCHITECT:RANDALL STOFFT ARCHITECTS42 NORTH SWINTON AVENUEDELRAY BEACH, FL 33444561.243.0799CONTACT: RANDALL STOFFT, AIA TRAFFIC ENGINEER:SUSAN E. O'ROURKE, P.E., INC.969 SE FEDERAL HIGHWAY, SUITE 402STUART, FL 34994772.781.7918CONTACT: SUSAN E. O'ROURKE, P.E. ENVIRONMENTALEW CONSULTANTS, INC.601 HERITAGE DRIVE, SUITE 108JUPITER, FLORIDA 33458561.623.5475CONTACT: MARY LINDGREN LEGEND UE: UTILITY EASEMENTSB: SETBACKSW: CONCRETE SIDEWALKTYP: TYPICAL STREET LIGHT/ PARKING PEDESTRIAN LIGHT OR C H I D B E A C H R E S O R T 16-0701 DESIGNEDDRAWNAPPROVEDJOB NUMBER REVISIONSDATE DSSKDS St . L u c i e C o u n t y , F l o r i d a August 31, 2016 3:44:50 p.m. Drawing: ORCHID BEACH SP.DWG by agreement in writing with the architect. Immediatelyreport any discrepancies to the architect. SHEET COTLEUR & HEARING, INC.These drawings are the property of the architect and arenot to be used for extensions or on other projects except OF 1 07-15-16 Landscape ArchitectsLand PlannersEnvironmental Consultants www.cotleurhearing.com 1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377 Landscape ArchitectsLand PlannersEnvironmental Consultants www.cotleurhearing.com 1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377 Landscape ArchitectsLand PlannersEnvironmental Consultants www.cotleurhearing.com 1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377 Landscape ArchitectsLand PlannersEnvironmental Consultants www.cotleurhearing.com 1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377 Lic# LC26000535 PRELIMINARY AND FINAL PNRD SITE PLAN North 80' Scale: 1" = 40'-0" 0' 20' 40' 120' 160' 1 08-31-16 4. B . q Pa c k e t P g . 1 7 8 Attachment4.B.q: PAMMP (3766 : Orchid Beach Resort - Preliminary/Final PNRD Site Plan) WIDTH VARIES OCEAN-WARD LIMIT OF DUNE REVEGETATION AREA ATLANTIC OCEAN 25' FRONTAL DUNE (3' o.c., liner) Paspalum vaginatum Seashore paspalum grass Sesuvium portulacastrum Sea Purslane Helianthus debilis Dune sunflower Panicum amarum Coastal panic grass Uniola paniculata Sea oats (3' o.c., bare root) Spartina Patens Saltmeadow cordgrass (3' o.c., 1 gal) Ipomoea pes-caprae Railroad vine *NOTE: ·To be planted in a random mosaic pattern. ·Quantity of plants will be determined by size of restoration area and spacing (o.c.) of selected plants. ·Referenced species may be substituted with other appropriate native species based on availability. ·Location of plants may be field adjusted as need be. 601 Heritage Drive, Suite 124 Jupiter, Florida 33458 561-623-5475 Fax 561-623-5481 www.ewconsultants.com FIGURE EW Consultants, Inc. FRONTAL DUNE PLANTING PLAN 5 AUG 2016 ORCHID BEACH RESORT TYPICAL FRONTAL DUNE PLANTING PLAN 4.B.q Packet Pg. 179 At t a c h m e n t 4 . B . q : P A M M P ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) BACK DUNE WIDTH VARIES *NOTE: ·To be planted in a random mosaic pattern. ·Quantity of plants will be determined by size of restoration area and spacing (o.c.) of selected plants. ·Referenced species may be substituted with other appropriate native species based on availability. ·Location of plants may be field adjusted as need be. BACKDUNE (3' o.c., liner) Distichlis spicata Saltgrass Panicum amarum Panic grass Ernodea littoralis Beach creeper (6' o.c., 1gal) Serenoa repens Saw palmetto Suriana maritima Bay cedar (10' o.c., 1gal) Chrysobalanus icaco Coco plum (10' o.c., 3 gal) Coccoloba uvifera Sea grape 601 Heritage Drive, Suite 124 Jupiter, Florida 33458 561-623-5475 Fax 561-623-5481 www.ewconsultants.com FIGURE EW Consultants, Inc. BACK DUNE (STRAND) PLANTING PLAN 6 AUG 2016 ORCHID BEACH RESORT TYPICAL BACK DUNE (STRAND) PLANTING PLAN 4.B.q Packet Pg. 180 At t a c h m e n t 4 . B . q : P A M M P ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) LOA D I N G 2 4 5 6 7 8 2 STORYPARKING DECK. (201 SPACES) BEACH WALK BEACH WALK 6 6 5 6 GATE DECORATIVEPAVERS, TYP. CONCRETEPOWER POLE OVERHEADULILITYWIRES COASTAL CONSTRUCTIONCONTROL LINE(P.B. 19, PG.8-8G) COASTAL CONSTRUCTIONCONTROL LINE(P.B. 26, PG. 26A-26I) VISITORCALLBOX COLUMN 6' TALL AND 8"THICK MASONARY WALL WITHOUT CAP COQUINACONCRETE 10 10 10 10 60°' SCULPTURE/DESIGN ELEMENT PARCELBOUNDARY PARCELBOUNDARY PARCELBOUNDARY BACK-IN 60 DEGREEANGLE PARKING STOP SIGN &STOP BAR, TYP. ENTRY SIGN 10 PORTE COCHERE 6 OUTDOORDINING 8" THICK WALLW/O CAP BACK-IN 60 DEGREEANGLE PARKING POOLPOOL POOL POOL POOL POOL POOLPOOL POOL 9 OUTDOORBAR 24 36 16 6 1 3 6' TALL AND 8"THICK MASONARYWALL WITHOUT CAP 10' LANDSCAPE BUFFER 20' R20' 16' 2' OVERHANG 12'5' 16' 2' OVERHANG 26' 26' 10' 2' OVERHANG 16' 6' SW 12'12' 20' 12' 26' 16' 10' 15' LANDSCAPEBUFFER R45' 26' 18'10'20.9' 7.8' EXISTING SIDEWALK R20'R20'R5' 5' 15' LANDSCAPEBUFFER 141.7' 6' SW R45' 26' 18'10' 16' 6' SW 6' SW 26' 26' 2' OVERHANG 10' 16' 6' SW 12' 12' 22.3' 262.1' 2' OVERHANG 120.1' 22'22.3' 10', TYP. 6' SW 16.6' 21' DRIVEWAYS,TYP. R20' DUNE CROSSOVER 7.8' 5' SW15' LANDSCAPEBUFFER R10' 12' 12' LANDSCAPE AREA 16' X 73'LOADINGZONE TRASHCORRAL 6' CROSSWALK R10' 12' 5' PEDESTRIANCONNECTION VEHICULARTURN-AROUND STREETLIGHT,TYP.PARKINGLOT LIGHT,TYP. PARKINGLOT LIGHT,TYP. PEDESTRIANLIGHT,TYP. 6' BIKEPARKING DUNE CROSSOVER RESTAURANTOUTDOORSEATING 5 SERVICEAREA 12' X 30'LOADINGZONE 10' 26' 20' BEACHACCESS EASEMENT20'CURB-CUT BOARDWALK BOARDWALK DUNE PRESERVATION ZONE (3.9± AC) SHOREWINDS DR NO R T H A - 1 - A ATLANTIC OCEAN DOT AERIALS DATED 2016 FIGUREEW Consultants, Inc. 601 Heritage Drive, Suite 124 Jupiter, Florida 33458 561-623-5475 Fax 561-623-5481 www.ewconsultants.com 7 AUG 2016 ORCHID BEACH RESORT DUNE PRESERVATION ZONELEGEND - DUNE PRESERVATION ZONE (3.9± AC) 4.B.q Packet Pg. 181 At t a c h m e n t 4 . B . q : P A M M P ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) LOA D I N G 2 4 5 6 7 8 2 STORYPARKING DECK. (201 SPACES) BEACH WALK BEACH WALK 6 6 5 6 GATE DECORATIVEPAVERS, TYP. CONCRETEPOWER POLE OVERHEADULILITYWIRES COASTAL CONSTRUCTIONCONTROL LINE(P.B. 19, PG.8-8G) COASTAL CONSTRUCTIONCONTROL LINE(P.B. 26, PG. 26A-26I) VISITORCALLBOX COLUMN 6' TALL AND 8"THICK MASONARY WALL WITHOUT CAP COQUINACONCRETE 10 10 10 10 60°' SCULPTURE/DESIGN ELEMENT PARCELBOUNDARY PARCELBOUNDARY PARCELBOUNDARY BACK-IN 60 DEGREEANGLE PARKING STOP SIGN &STOP BAR, TYP. ENTRY SIGN 10 PORTE COCHERE 6 OUTDOORDINING 8" THICK WALLW/O CAP BACK-IN 60 DEGREEANGLE PARKING POOLPOOL POOL POOL POOL POOL POOLPOOL POOL 9 OUTDOORBAR 24 36 16 6 1 3 6' TALL AND 8"THICK MASONARYWALL WITHOUT CAP 10' LANDSCAPE BUFFER 20' R20' 16' 2' OVERHANG 12'5' 16' 2' OVERHANG 26' 26' 10' 2' OVERHANG 16' 6' SW 12'12' 20' 12' 26' 16' 10' 15' LANDSCAPEBUFFER R45' 26' 18'10'20.9' 7.8' EXISTING SIDEWALK R20'R20'R5' 5' 15' LANDSCAPEBUFFER 141.7' 6' SW R45' 26' 18'10' 16' 6' SW 6' SW 26' 26' 2' OVERHANG 10' 16' 6' SW 12' 12' 22.3' 262.1' 2' OVERHANG 120.1' 22'22.3' 10', TYP. 6' SW 16.6' 21' DRIVEWAYS,TYP. R20' DUNE CROSSOVER 7.8' 5' SW15' LANDSCAPEBUFFER R10' 12' 12' LANDSCAPE AREA 16' X 73'LOADINGZONE TRASHCORRAL 6' CROSSWALK R10' 12' 5' PEDESTRIANCONNECTION VEHICULARTURN-AROUND STREETLIGHT,TYP.PARKINGLOT LIGHT,TYP. PARKINGLOT LIGHT,TYP. PEDESTRIANLIGHT,TYP. 6' BIKEPARKING DUNE CROSSOVER RESTAURANTOUTDOORSEATING 5 SERVICEAREA 12' X 30'LOADINGZONE 10' 26' 20' BEACHACCESS EASEMENT20'CURB-CUT BOARDWALK BOARDWALK DUNE PRESERVATION ZONE (3.9± AC) SHOREWINDS DR NO R T H A - 1 - A ATLANTIC OCEAN FIGUREEW Consultants, Inc. 601 Heritage Drive, Suite 124 Jupiter, Florida 33458 561-623-5475 Fax 561-623-5481 www.ewconsultants.com 8 AUG 2016 ORCHID BEACH RESORT PRESERVE SIGN LOCATIONS LEGEND - DUNE PRESERVATION ZONE (3.9± AC) - PRESERVE AREA SIGN (11) - SEA TURTLE EDUCATION SIGN (2) - SPLIT RAIL FENCE LOCATION SPLIT RAIL FENCE LOCATION 4.B.q Packet Pg. 182 At t a c h m e n t 4 . B . q : P A M M P ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) -PRESERVE AREA- THIS AREA IS A PROTECTED PRESERVE AREA FOR NATIVE VEGETATION AND WILDLIFE. NO ALTERATIONS TO THIS AREA ARE ALLOWED WITHOUT PRIOR PERMISSION FROM ST. LUCIE COUNTY (772) 462-2526 NO DUMPING ALLOWED 14' 11' 601 Heritage Drive, Suite 124 Jupiter, Florida 33458 561-623-5475 Fax 561-623-5481 www.ewconsultants.com FIGURE EW Consultants, Inc. PRESERVE SIGN DETAILS 9 AUG 2016 ORCHID BEACH RESORT 4X4 WOODEN POST 4.B.q Packet Pg. 183 At t a c h m e n t 4 . B . q : P A M M P ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) HELP PROTECT ST. LUCIE COUNTY'S SEA TURTLES SEA TURTLE NESTING/HATCHING SEASON MARCH 1 - NOVEMBER 15 DO NOT INTERFERE WITH NESTING FEMALES, EGGS OR HATCHLINGS LEAVE NESTS, MARKERS, SIGNS AND PROTECTIVE SCREENS UNDISTURBED SHIELD OR TURN OFF ALL LIGHTS THAT SHINE ON THE BEACH OR ARE VISIBLE FROM THE BEACH. THIS INCLUDES CAR HEADLIGHTS, FISHING LAMPS, FLASHBULBS AND FLASHLIGHTS CAMPFIRES, HORSEBACK RIDING AND MOTORIZED VEHICLES ARE PROHIBITED Remove all beach furniture at night during nesting season KEEP PETS OFF THE BEACH 14' 11' 601 Heritage Drive, Suite 124 Jupiter, Florida 33458 561-623-5475 Fax 561-623-5481 www.ewconsultants.com FIGURE EW Consultants, Inc. SEA TURTLE SIGN DETAILS 10 AUG 2016 ORCHID BEACH RESORT 4X4 WOODEN POST 4.B.q Packet Pg. 184 At t a c h m e n t 4 . B . q : P A M M P ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) LOA D I N G 2 4 5 6 7 8 2 STORYPARKING DECK. (201 SPACES) BEACH WALK BEACH WALK 6 6 5 6 10 10 10 10 10 6 POOLPOOL POOL POOL POOL POOL POOLPOOL POOL 9 24 36 16 6 1 3 5 DUNE PRESERVATION ZONE (3.9± AC) X X X X T1 S1 S2 S3 S4 T2 X X X X S1 S2 S3 S4 SHOREWINDS DR NO R T H A - 1 - A ATLANTIC OCEAN FIGUREEW Consultants, Inc. 601 Heritage Drive, Suite 124 Jupiter, Florida 33458 561-623-5475 Fax 561-623-5481 www.ewconsultants.com 11 AUG 2016 ORCHID BEACH RESORT MONITORING MAP LEGEND - DUNE PRESERVATION ZONE (3.9± AC) - MONITORING TRANSECT (2) WITH STATIONS (8) - MONITORING PHOTO STATION WITH DIRECTION XT1S1 4.B.q Packet Pg. 185 At t a c h m e n t 4 . B . q : P A M M P ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) FLEPPC 2015 List of Invasive Plant Species 1Does not include Ficus microcarpa subsp. fuyuensis, which is sold as “Green Island Ficus” 2 Chinese privet is a FLDACS Noxious Weed except for the cultivar ‘Variegatum’ FLEPPC Gov. Regional Scientific Name Common Name Category List Distribution Abrus precatorius rosary pea I N C, S Acacia auriculiformis earleaf acacia I C, S Albizia julibrissin mimosa, silk tree I N, C Albizia lebbeck woman’s tongue I C, S Ardisia crenata (A. crenulata misapplied) coral ardisia I N N, C, S Ardisia elliptica (A. humilis misapplied) shoebutton ardisia I N C, S Asparagus aethiopicus (A. sprengeri; asparagus-fern I N, C, S A. densiflorus misapplied) Bauhinia variegata orchid tree I C, S Bischofia javanica bishopwood I C, S Calophyllum antillanum Santa Maria, mast wood, Antilles calophyllum I S (C. calaba misapplied) Casuarina equisetifolia Australian-pine, beach sheoak I P, N N, C, S Casuarina glauca suckering Australian-pine, gray sheoak I P, N C, S Cinnamomum camphora camphor tree I N, C, S Colocasia esculenta wild taro I N, C, S Colubrina asiatica lather leaf I N S Cupaniopsis anacardioides carrotwood I N C, S Deparia petersenii Japanese false spleenwort I N, C Dioscorea alata winged yam I N N, C, S Dioscorea bulbifera air-potato I N N, C, S Dolichandra unguis-cati cat’s claw vine I N, C, S (=Macfadyena unguis-cati) Eichhornia crassipes water-hyacinth I P N, C, S Eugenia uniflora Surinam cherry I C, S Ficus microcarpa (F. nitida and laurel fig I C, S F. retusa var. nitida misapplied)1 Hydrilla verticillata hydrilla I P, U N, C, S Hygrophila polysperma green hygro I P, U N, C, S Hymenachne amplexicaulis West Indian marsh grass I N, C, S Imperata cylindrica (I. brasiliensis misapplied) cogon grass I N, U N, C, S Ipomoea aquatica water-spinach I P, U C Jasminum dichotomum Gold Coast jasmine I C, S Jasminum fluminense Brazilian jasmine I C, S Lantana camara (= L. strigocamara) lantana, shrub verbena I N, C, S Ligustrum lucidum glossy privet I N, C Ligustrum sinense Chinese privet, hedge privet I N2 N, C, S Lonicera japonica Japanese honeysuckle I N, C, S Ludwigia hexapetala Uruguay waterprimrose 1 N, C Ludwigia peruviana Peruvian primrosewillow I N, C, S Lumnitzera racemosa kripa; white-flowered mangrove; black mangrove I S Luziola subintegra Tropical American water grass I S Lygodium japonicum Japanese climbing fern I N N, C, S Purpose of the List: To focus attention on — 4the adverse effects of exotic pest plants on Florida’s biodiversity and native plant communities, 4the habitat losses in natural areas from exotic pest plant infestations, 4the impacts on endangered species via habitat loss and alteration, 4the need for pest plant management, 4the socio-economic impacts of these plants (e.g., increased wildfires or flooding in certain areas), 4changes in the severity of different pest plant infestations over time, 4providing information to help managers set priorities for research and control programs. Florida Exotic Pest Plant Council’s 2015 List of Invasive Plant Species CATEGORY I Invasive exotics that are altering native plant communities by displacing native species, changing community structures or ecological functions, or hybridizing with natives. This definition does not rely on the economic severity or geographic range of the problem, but on the documented ecological damage caused. FLEPPC List Definitions: Exotic – a species introduced to Florida, purposefully or accidentally, from a natural range outside of Florida. Native – a species whose natural range includes Florida. Naturalized exotic – an exotic that sustains itself outside cultivation (it is still exotic; it has not “become” native). Invasive exotic – an exotic that not only has naturalized, but is expanding on its own in Florida native plant communities. Abbreviations: Government List (Gov. List): P = Prohibited aquatic plant by the Florida Department of Agriculture and Consumer Services N = Noxious weed listed by Florida Department of Agriculture & Consumer Services U = Noxious weed listed by U.S. Department of Agriculture. Regional Distribution: N = north, C = central, S = south, referring to each species’ current distribution in general regions of Florida (not its potential range in the state). Please refer to the map below. 4.B.q Packet Pg. 186 At t a c h m e n t 4 . B . q : P A M M P ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) Lygodium microphyllum Old World climbing fern I N, U C, S Macfadyena unguis-cati (see Dolichandra unguis-cati) Manilkara zapota sapodilla I S Melaleuca quinquenervia melaleuca, paper bark I P, N, U C, S Melinis repens (= Rhynchelytrum repens) Natal grass I N, C, S Mimosa pigra catclaw mimosa I P, N, U C, S Nandina domestica nandina, heavenly bamboo I N, C Nephrolepis brownii (= N. multiflora) Asian sword fern I C, S Nephrolepis cordifolia sword fern I N, C, S Neyraudia reynaudiana Burma reed, cane grass I N S Nymphoides cristata crested floating heart I N C, S Paederia cruddasiana sewer vine, onion vine I N S Paederia foetida skunk vine I N N, C, S Panicum repens torpedo grass I N, C, S Pennisetum purpureum Napier grass, elephant grass I N, C, S Phymatosorus scolopendria serpent fern, wart fern I S Pistia stratiotes water-lettuce I P N, C, S Psidium cattleianum (= P. littorale) strawberry guava I C, S Psidium guajava guava I C, S Pueraria montana var. lobata (= P. lobata) kudzu I N N, C, S Rhodomyrtus tomentosa downy rose-myrtle I N C, S Rhynchelytrum repens (See Melinis repens) Ruellia simplex1 Mexican petunia I N, C, S Salvinia minima water spangles I N, C, S Sapium sebiferum (= Triadica sebifera) popcorn tree, Chinese tallow tree I N N, C, S Scaevola taccada scaevola, half-flower, beach naupaka I N C, S (= Scaevola sericea, S. frutescens) Schefflera actinophylla schefflera, Queensland umbrella tree I C, S (= Brassaia actinophylla) Schinus terebinthifolius Brazilian-pepper I P, N N, C, S Scleria lacustris Wright’s nutrush I C, S Senna pendula var. glabrata climbing cassia, Christmas cassia, I C, S (= Cassia coluteoides) Christmas senna Solanum tampicense (= S. houstonii) wetland nightshade, aquatic soda apple I N, U C, S Solanum viarum tropical soda apple I N, U N, C, S Sporobolus jacquemontii* West Indian dropseed I C, S (= S. indicus var. pyramidalis) Syngonium podophyllum arrowhead vine I N, C, S Syzygium cumini jambolan-plum, Java-plum I C, S Tectaria incisa incised halberd fern I S Thespesia populnea seaside mahoe I C, S Tradescantia fluminensis small-leaf spiderwort I N, C Urena lobata Caesar’s weed I N, C, S Urochloa mutica (= Brachiaria mutica) Para grass I C, S Vitex rotundifolia* beach vitex I N CATEGORY II Invasive exotics that have increased in abundance or frequency but have not yet altered Florida plant communities to the extent shown by Category I species. These species may become ranked Category I if ecological damage is demonstrated. FLEPPC Gov. Regional Scientific Name Common Name Category List Distribution Adenanthera pavonina red sandalwood II S Agave sisalana sisal hemp II C, S Aleurites fordii (= Vernicia fordii) tung oil tree II N, C Alstonia macrophylla devil tree II S Alternanthera philoxeroides alligator weed II P N, C, S Antigonon leptopus coral vine II N, C, S Ardisia japonica Japanese ardisia II N Aristolochia littoralis calico flower II N, C, S New Category I Listings: Sporobolus jacquemontii (West Indian dropseed) This weedy grass, a native of the West Indies and tropical America, was introduced into Florida in the early 1900s. In the 1980s-1990s, it was becoming noticeable, especially in pastures where it crowds out forage grasses. It is not palatable for cattle and is very difficult to control. In recent years, this weed has been advancing into natural areas such as palmetto prairies and open flatwoods. West Indian dropseed is a close relative of, and very similar in appearance to, smut grass, Sporobolus indicus, leading to confusion with identification. The seedheads of both grasses can be affected by a smut fungus that leaves the seeds black and unfertile. Both grasses have spike-like seedheads. West Indian dropseed is taller, usually about 3-4 feet tall, with spreading seedhead branches. Smut grass is usually 1-2 feet tall with a tight cylindrical spike. Both species are very weedy, but West Indian dropseed is the one that has started invading native habitats. David Hall Vitex rotundifolia (Beach vitex) Beach vitex is a deciduous shrub that can grow to 1.5 m (5’). The nodal rooting system can extend 10m (34’) with stems that can extend over 6m (20’) from the main taproot. Young stems are green with fleshy tips that become larger in diameter, brown, and woody with age. Vitex has simple aromatic leaves that are sometimes palmately trifoliate. Leaves are 2-6.5 cm long and 1-4.5 cm wide. The flower is purple in color and appears in late spring to early summer. Vitex can be found on dunes, vacant lots, and along public right-of-ways. Rick O’Connor, Florida Sea Grant/ University of Florida New Category II Listings: Crassocephalum crepidioides (redflower ragleaf) Crassocephalum crepidioides is a member of the Aster family native to tropical Africa. This erect herb has a soft stem with lobed leaves and red flowers, with high seed production of more than 4000 per plant. Seeds are dispersed by the wind. First found FLEPPC 2015 List of Invasive Plant Species FLEPPC Gov. Regional Scientific Name Common Name Category List Distribution 1Many names are applied to this species in Florida because of a complicated taxonomic and nomenclatural history. Plants cultivated in Florida, all representing the same invasive species, have in the past been referred to as Ruellia brittoniana, R. tweediana, R. caerulea, and R. simplex.*Added to the FLEPPC List of Invasive Plant Species in 2015 Changes to the 2015 List: 4.B.q Packet Pg. 187 At t a c h m e n t 4 . B . q : P A M M P ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) Asystasia gangetica Ganges primrose II C, S Begonia cucullata wax begonia II N, C, S Blechum pyramidatum (see Ruellia blechum) Broussonetia papyrifera paper mulberry II N, C, S Bruguiera gymnorrhiza large-leaved mangrove II S Callisia fragrans inch plant, spironema II C, S Casuarina cunninghamiana river sheoak, Australian-pine II P C, S Cecropia palmata trumpet tree II S Cestrum diurnum day jessamine II C, S Chamaedorea seifrizii bamboo palm II S Clematis terniflora Japanese clematis II N, C Cocos nucifera coconut palm II S Crassocephalum crepidioides* redflower ragleaf, Okinawa spinach II C, S Cryptostegia madagascariensis rubber vine II C, S Cyperus involucratus umbrella plant II C, S (C. alternifolius misapplied) Cyperus prolifer dwarf papyrus II C, S Dactyloctenium aegyptium Durban crowfoot grass II N, C, S Dalbergia sissoo Indian rosewood, sissoo II C, S Elaeagnus pungens silverthorn, thorny olive II N, C Elaeagnus umbellata silverberry, autumn olive II N Epipremnum pinnatum cv. Aureum pothos II C, S Eulophia graminea Chinese crown orchid II S Ficus altissima false banyan, council tree II S Flacourtia indica governor’s plum II S Hemarthria altissima limpo grass II C, S Heteropterys brachiata* red wing II S Hibiscus tiliaceus (See Talipariti tiliaceum) Hyparrhenia rufa jaragua II N, C, S Ipomoea carnea ssp. fistulosa (= I. fistulosa) shrub morning-glory II P C, S Kalanchoe pinnata (= Bryophyllum pinnatum) life plant II C, S Koelreuteria elegans ssp. formosana flamegold tree II C, S (= K. formosana; K. paniculata misapplied) Landoltia punctata (= Spirodela punctata) spotted duckweed II N, C, S Leucaena leucocephala lead tree II N N, C, S Limnophila sessiliflora Asian marshweed II P, U N, C, S Livistona chinensis Chinese fan palm II C, S Macroptilium lathyroides phasey bean II N, C, S Melaleuca viminalis (= Callistemon viminalis) bottlebrush, weeping bottlebrush II C, S Melia azedarach Chinaberry II N, C, S Melinis minutiflora molasses grass II C,S Merremia tuberosa wood-rose II C, S Mikania micrantha mile-a-minute vine II N, U S Momordica charantia balsam apple, balsam pear II N, C, S Murraya paniculata orange-jessamine II S Myriophyllum spicatum Eurasian water-milfoil II P N, C, S Panicum maximum (= Urochloa maxima, Guinea grass II N, C, S Megathyrsus maximus) Passiflora biflora two-flowered passion vine II S Pennisetum setaceum green fountain grass II S Phoenix reclinata Senegal date palm II C, S Phyllostachys aurea golden bamboo II N, C Pittosporum pentandrum Philippine pittosporum, Taiwanese cheesewood II S Praxelis clematidea* praxelis II C Pteris vittata Chinese brake fern II N, C, S Ptychosperma elegans solitaire palm II S Rhoeo spathacea (see Tradescantia spathacea) FLEPPC 2015 List of Invasive Plant Species FLEPPC Gov. Regional Scientific Name Common Name Category List Distribution in the US in 1997 in Miami-Dade County, redflower ragleaf was documented in the panhandle in Escambia County in 2012. Patricia L. Howell Heteropterys brachiata (red wing) Heteropterys brachiata or “redwing” is a liana (woody vine) in the Malpighiaceae family. It is native to Mexico, Central America and South America. Redwing seedlings dominate the understory of hardwood hammocks, and older plants twine up into the canopy where their flowers and fruits are present, but out of reach, in winter months. The fruits of redwing are deep red, wind-dispersed samaras; hence the name “redwing.” Jennifer Possley, Fairchild Tropical Botanic Garden Praxelis clematidea (Praxelis) Praxelis clematidea is an Aster with lavender colored flowers from South America. Its short life cycle and propensity to be moved by vehicles contribute to its recent invasion in Central Florida. Look for young, light green plants with irregularly toothed leaves that soon flower, and then develop tough stems and bases. Flowers are a series of florets produced in heads, each producing a single, bristle-topped seed that is seated on a conical receptacle. This key character is easy to see because the phyllaries fall to reveal the receptacle when the head is in fruit. Colette Jacono Spermacoce verticillata (scrubby false buttonweed) A common weed of disturbed sites for over 80 years, Spermacoce verticillata is advancing into natural areas, especially in southern Florida. A member of the coffee family, Rubiaceae, plants are best known for their nearly woody, multiple branched structure, opposite, stalkless leaves often clustered in a whorl; and axillary, cylindrical heads of densely packed flowers. Distinguish this species from our natives by its tubular white flowers that are no longer than 1mm and fruits that are less than 1.5mm long. Colette Jacono *Added to the FLEPPC List of Invasive Plant Species in 2015 4.B.q Packet Pg. 188 At t a c h m e n t 4 . B . q : P A M M P ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) Richardia grandiflora large flower Mexican clover II N, C, S Ricinus communis castor bean II N, C, S Rotala rotundifolia roundleaf toothcup, dwarf Rotala, redweed II S Ruellia blechum (= Blechum brownei) green shrimp plant, Browne’s blechum II N, C, S Sansevieria hyacinthoides bowstring hemp II C, S Sesbania punicea purple sesban, rattlebox II N, C, S Solanum diphyllum two-leaf nightshade II N, C, S Solanum torvum susumber, turkey berry II N, U N, C, S Spermacoce verticillata* shrubby false buttonweed II C, S Sphagneticola trilobata (= Wedelia trilobata) wedelia II N, C, S Stachytarpheta cayennensis (= S. urticifolia) nettle-leaf porterweed II S Syagrus romanzoffiana queen palm II C, S (= Arecastrum romanzoffianum) Syzygium jambos Malabar plum, rose-apple II N, C, S Talipariti tiliaceum (= Hibiscus tiliaceus) mahoe, sea hibiscus II C, S Terminalia catappa tropical-almond II C, S Terminalia muelleri Australian-almond II C, S Tradescantia spathacea oyster plant II S (= Rhoeo spathacea, Rhoeo discolor) Tribulus cistoides puncture vine, burr-nut II N, C, S Vitex trifolia simple-leaf chaste tree II C, S Washingtonia robusta Washington fan palm II C, S Wedelia (see Sphagneticola above) Wisteria sinensis Chinese wisteria II N, C Xanthosoma sagittifolium malanga, elephant ear II N, C, S Citation example: FLEPPC. 2015. List of Invasive Plant Species. Florida Exotic Pest Plant Council. http://www.fleppc.org/list/list.htm The 2015 list was prepared by the FLEPPC Plant List Committee: Stephen H. Brown, UF/IFAS Lee County Extension, Parks and Recreation Division, 3410 Palm Beach Blvd., Fort Myers, FL 33916, (239) 533-7513, brownsh@ufl.edu Janice Duquesnel, Florida Park Service, Florida Department of Environmental Protection, 77200 Overseas Highway, Islamorada, FL 33063, (305) 664-8455, Janice.Duquesnel@dep.state.fl.us David W. Hall, Private Consulting Botanist and Author, 3666 NW 13th Place, Gainesville, FL 32605, (352) 375-1370 Roger L. Hammer, Retired Naturalist and Author, 17360 Avocado Drive, Homestead, FL 33030, kaskazi44@comcast.net Patricia L. Howell, Chair (2012-present), Broward County Parks, Natural Resource and Land Management Section, 950 NW. 38th St., Oakland Park, FL 33309, (954) 357-8137, phowell@broward.org Colette C. Jacono, Florida Museum of Natural History, PO Box 110575, Gainesville, FL 32611, (352) 318-2931, colettej@ufl.edu Kenneth A. Langeland, Professor Emeritus, University of Florida/IFAS, Center for Aquatic and Invasive Plants, 7922 NW. 71st Street, Gainesville, FL 32653, (352) 214-8918, gator8@ufl.edu Chris Lockhart, Habitat Specialists, Inc., P. O. Box 243116, Boynton Beach, FL 33424,(561) 738-1179, chris@lockharts.org Jean McCollom, Natural Ecosystems, 985 Sanctuary Road, Naples, FL 34120, (239) 304-1847, jeanm@naples.net Gil Nelson, Florida State University/iDigBio, 157 Leonard’s Dr., Thomasville, GA 31792, gnelson@bio.fsu.edu Jimi L. Sadle, Everglades National Park, 40001 State Road 9336, Homestead, FL 33034, (305) 242,7806, Jimi_Sadle@nps.gov Jessica Spencer, US Army Corp of Engineers, 701 San Marco Boulevard, Jacksonville, FL 32207, (904) 232-1696, Jessica.E.Spencer@usace.army.mil Arthur Stiles, Florida Park Service, Florida Department of Environmental Protection, 4620 State Park Lane, Panama City, FL 32408, (850) 233-5110, arthurstiles@dep.state.fl.us Daniel B. Ward, Department of Botany, University of Florida, 220 Bartram Hall, Gainesville, FL 32611 Richard P. Wunderlin, Institute for Systematic Botany, Department of Cell Biology, Microbiology & Molecular Biology, University of South Florida, 4202 E. Fowler Ave., ISA 2015, Tampa, FL 33620, (813) 974-2359, rwunder@usf.edu The Early Detection and Distribution Mapping System (EDDMapS) holds records of reported sighting of invasive species in Florida. Most records are from local, state, and federal parks and preserves; a few records document infestations in regularly disturbed public lands such as highways or utility rights-of-way. Natural area managers, veteran observers of Florida’s natural landscapes, and others submit these records, with many supported further by voucher specimens housed in local or regional herbaria for future reference and verification. New and updated observations can be submitted online at EDDMapS [www. eddmaps.org/florida/]. All reports are verified by an expert. This database, along with other plant data resources such as the University of South Florida’s Atlas of Florida Vascular Plants [www.plantatlas.usf.edu], the Florida Natural Areas Inventory database [www.fnai.org], and The Institute for Regional Conservation Floristic Inventory of South Florida database [www. regionalconservation.org], provides important basic supporting information for the FLEPPC List of Invasive Plant Species. Greater success and accuracy in searching for plant information is likely if you search by scientific name rather than common name. Common names often vary in cultivation and across regions. FLEPPC 2015 List of Invasive Plant Specieswww.fleppc.org The FLEPPC List of Invasive Plant Species is not a regulatory list. Only those plants listed as Federal Noxious Weeds, Florida Noxious Weeds, Florida Prohibited Aquatic Plants, or in local ordinances are regulated by law. FLEPPC encourages use of the Invasive Species List for prioritizing and implementing management efforts in natural areas, for educating lay audiences about environmental issues, and for supporting voluntary invasive plant removal programs. For more information on using the FLEPPC List of Invasive Plant Species, see Proper Uses of FLEPPC Invasive Plant Lists at www.fleppc.org/list/list.htm Use of the FLEPPC List NOTE: Not all exotic plants brought into Florida become pest plants in natural areas. The FLEPPC List of Invasive Plant Species represents only about 11% of more than 1,400 exotic species that have been introduced into Florida and have subsequently established outside of cultivation. Most escaped exotics usually present only minor problems in highly disturbed areas (such as road-sides). And there are other exotics cultivated in Florida that are “well-behaved” — that is, they don’t escape cultivation at all. FLEPPC Gov. Regional Scientific Name Common Name Category List Distribution *Added to the FLEPPC List of Invasive Plant Species in 2015 4.B.q Packet Pg. 189 At t a c h m e n t 4 . B . q : P A M M P ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) EW Consultants, Inc. Natural Resource Management, Wetland, and Environmental Permitting Services 601 Heritage Drive, Suite 124 • Jupiter, FL 33458 • 561-623-5475 • Fax 561-623-5481 www.ewconsultants.com ORCHID BEACH RESORT SEA TURTLE PROTECTION PLAN Prepared for: HEATON COMPANIES Prepared by: EW CONSULTANTS, INC. August 2016 © 2016 EW Consultants, Inc. 4.B.r Packet Pg. 190 At t a c h m e n t 4 . B . r : S e a T u r t l e P r o t e c t i o n P l a n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) EW Consultants, Inc. Natural Resource Management, Wetland, and Environmental Permitting Services 601 Heritage Drive, Suite 124 • Jupiter, FL 33458 • 561-623-5475 • Fax 561-623-5481 www.ewconsultants.com INTRODUCTION The Orchid Beach project site consists of approximately 11.9 acres of land located on North Hutchinson Island, east of State Road A1A in Section 25, Township 43 South, Range 40 East, St Lucie County, Florida. The site is bounded on the east by the Atlantic Ocean, on the west by State Road A1A, on the north by a condominium development, and on the south by Shorewinds Drive. Location maps and an aerial photograph are included as Figures 1 through 3. The property includes a portion of beach where sea turtle nesting activities have been documented during regular sea turtle nesting seasons (March 1 through November 15). INTENT This sea turtle protection plan (STPP) has been prepared to fulfill the requirements of the Florida Department of Environmental Protection (FDEP) and Florida Fish and Wildlife Conservation Commission (FWC) under the authority of Chapter 62B of the Florida Administrative Code, and the St. Lucie County, Florida, Sea Turtle Protection ordinance (St. Lucie County Code of Ordinance Section 6.04.02). The intent of this STPP is to ensure that the proposed project does not adversely impact sea turtles, their habitat, or nesting behavior. These criteria will be achieved by preventing and reducing beachfront lighting and other man-made hazards to sea turtles such as beach-dune stabilization and restoration activities, mechanical beach cleaning, and other coastal activities (per St. Lucie County Code, Section 6.04.02 and Chapter 62B F.A.C requirements). IMPLEMENTATION The Property Owners’ Association, or other equivalent organization, once established, will be responsible for the enforcement of the requirements set forth in this STPP. A site plan for all proposed structures which could potentially impact marine turtle nesting will be submitted showing the lighting type and locations, as defined in this STPP, to the appropriate agencies. Construction-related activities which may affect sea turtles and their habitat will be conducted to the maximum extent possible during the non-nesting sea turtle season (November 16 – February 28) pursuant to St. Lucie County Land Development Code Section 6.04.02 and Chapter 62B F.A.C. Construction activities occurring during the sea turtle nesting season (March 1 to November 15) will be conducted during daylight hours only (sunrise to sunset), will follow the protective and mitigating measures listed below in paragraph C.(6), and according to the St. Lucie County Land Development Code Section 6.04.02 and Chapter 62B F.A.C. No construction activity will be conducted eastward of the western edge of the primary dune (foredune) between March 1 and November 15. 4.B.r Packet Pg. 191 At t a c h m e n t 4 . B . r : S e a T u r t l e P r o t e c t i o n P l a n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) EW Consultants, Inc. Natural Resource Management, Wetland, and Environmental Permitting Services 601 Heritage Drive, Suite 124 • Jupiter, FL 33458 • 561-623-5475 • Fax 561-623-5481 www.ewconsultants.com GENERAL INFORMATION (1) Identification of person(s) having a legal or equitable interest in the subject property: Heaton Companies (2) Legal description of the subject property: Included on the Site Plan. (3) Name of the general contractor for the project: To be determined. (4) Assurance that the applicant has written authority to act as agent for person(s) with legal or equitable interest in the subject property: To be determined. (5) Description of the proposed development and intended land use: The Orchid Beach Resort project as proposed includes construction of a hotel, a restaurant and several residential structures. Also included are associated access roads, parking, pool area and dune crossovers. The proposed site plan also includes a dune preservation zone of approximately 3.7 acres. Please refer to the proposed site plan as submitted in the development application. All development and construction activities will be conducted in accordance with Chapter 62B F.A.C. and the requirements of Section 6.04.02 of St. Lucie County Land Development Code. (6) Scaled map of the site with a north arrow: Please refer to the proposed site plan submitted as part of the development application. LIGHTING INFORMATION In order to minimize potential impacts caused by the project to adult and hatchling sea turtles during the nesting season, the following lighting standards will be implemented on the project site during the construction phase and applied to the final lighting plan for the proposed project. All site development activities within the proposed project will comply with the standards of section 6.04.02 I and Chapter 62B F.A.C., as applicable. (1) The location, number and positioning of proposed floodlights, spotlights and other fixtures discharging high intensity lighting from incandescent, fluorescent, mercury vapor or high pressure sodium lamps: The project does not propose the use of any floodlights, spotlights and other fixtures discharging high intensity lighting from incandescent, fluorescent, mercury vapor or high pressure sodium lamps. If temporary nighttime security lighting is deemed necessary for construction activities which occur during the sea turtle nesting season, light fixtures will be limited to the 4.B.r Packet Pg. 192 At t a c h m e n t 4 . B . r : S e a T u r t l e P r o t e c t i o n P l a n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) EW Consultants, Inc. Natural Resource Management, Wetland, and Environmental Permitting Services 601 Heritage Drive, Suite 124 • Jupiter, FL 33458 • 561-623-5475 • Fax 561-623-5481 www.ewconsultants.com fewest number of lights necessary to provide adequate security. All light fixtures will be positioned such that light is not visible from the beach. The final lighting plan will be compliant with Section 6.04.02 of the St. Lucie County Land Development Code and Chapter 62B F.A.C. (2) Intensity of the light source emanating from the fixtures identified in Section 6.04.02(F)(1)(b)(1): No such fixtures are proposed. If required, the lights will not be mounted more than 15 feet above the ground and will use low pressure sodium vapor or yellow “bug” type bulbs. In addition, the lights will only illuminate the subject property and will not illuminate areas seaward of the western toe of the primary dune. The final lighting plan will be compliant with Section 6.04.02 of the St. Lucie County Land Development Code and Chapter 62B F.A.C. (3) Location, number, positioning, and type of all other artificial light sources including, but not limited to, those used on balconies, walkways, recreational areas, roadways, parking lots, dune crossovers, decks, boardwalks and signs: The attached list of light fixtures is an example of approved units by the FWC or labeled “wildlife friendly” due to their design. They minimize detrimental light output by employing low intensity light bulbs, colors (wavelength) that are the least disruptive to sea turtles, and shields to shine light away from the beach. The specification sheets for these light fixtures are included in the Appendix. These light fixtures can be substituted with appropriate light fixtures with similar design and performance, depending on availability. The location and number of lights to be installed will be based on the design and performance of the light fixtures and as specified by the light manufacturer. The final lighting plan will be compliant with Section 6.04.02 of the St. Lucie County Land Development Code and Chapter 62B F.A.C. (4) Protective/mitigating measures to minimize lighting impacts on sea turtles, including measures to prevent direct illumination of areas seaward of the primary dune: During nesting season (March 1 – November 15), permanently installed light fixtures will be subject to the following standards:  No artificial light source shall directly illuminate areas seaward of the primary dune where it may deter adult female sea turtles from nesting or disorient hatchlings. Controlled Use, Design and Positioning of High Intensity Lighting:  The use of high intensity lighting for decorative and accent purposes, such as that emanating from spotlights or floodlights, is prohibited.  The use of high intensity lights for safety and security purposes shall be limited to the minimum number required to achieve their functional role(s). 4.B.r Packet Pg. 193 At t a c h m e n t 4 . B . r : S e a T u r t l e P r o t e c t i o n P l a n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) EW Consultants, Inc. Natural Resource Management, Wetland, and Environmental Permitting Services 601 Heritage Drive, Suite 124 • Jupiter, FL 33458 • 561-623-5475 • Fax 561-623-5481 www.ewconsultants.com  Fixtures containing high intensity lights shall be designed and/or positioned such that they do not cause direct illumination of areas seaward of the primary dune and the source of light is not directly visible from the beach. Design and Positioning of Low Intensity Lighting:  Wall mounted fixtures, landscape lighting and other sources of low intensity lighting shall be designed and/or positioned such that light does not directly illuminate areas seaward of the primary dune.  All low intensity lights on balconies shall be shielded from the beach.  Low intensity lighting shall be used in parking lots within line of sight of the beach. Such lighting shall be: 1. Set on a base which raises the source of light no higher than forty-eight (48") inches off the ground. 2. Positioned and/or shielded such that the source of light is not visible from the beach.  Tinted glass or any window film applied to window glass which meets the shading criteria for tinted glass, shall be installed on all windows of single and multi-story structures within line of sight of the beach.  Design of Vehicular Circulation Improvements and Parking Areas: 1. Parking lots and roadways, including any paved or unpaved area upon which motorized vehicles will operate, will be designed and/or positioned such that vehicular headlights do not cast light toward the beach. 2. Vehicular lighting will be shielded from the beach through the use of hedges, dune vegetation and/or other ground-level barriers.  Lighting For Pedestrian Traffic: 1. Beach access points, dune crossovers, beach walkways, piers or any other structure on or seaward of the primary dune designed for pedestrian traffic will use the minimum amount of light necessary to ensure safety. 2. Pedestrian lighting will be of low intensity and recessed or shielded so that the source of light is not directly visible from the beach. Beachfront Lighting Approval: Prior to the issuance of a Certificate of Occupancy, compliance with the beachfront lighting standards set out in the Sea Turtle Protection Plan (STPP) will be reviewed as follows:  Upon completion of the development activities, a registered Florida architect or professional engineer will conduct a site inspection which includes a night survey with all beachfront lighting turned on.  The inspector will prepare and report the inspection findings in writing to the St. Lucie County Growth Management Director identifying: 1. The date and time of initial inspection. 2. The extent of compliance with this section. 3. All areas of potential and observed non-compliance with this section. 4. Any action(s) taken to remedy observed non- compliance, if applicable. 5. The date(s) and time(s) of remedial inspection(s), if applicable. 4.B.r Packet Pg. 194 At t a c h m e n t 4 . B . r : S e a T u r t l e P r o t e c t i o n P l a n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) EW Consultants, Inc. Natural Resource Management, Wetland, and Environmental Permitting Services 601 Heritage Drive, Suite 124 • Jupiter, FL 33458 • 561-623-5475 • Fax 561-623-5481 www.ewconsultants.com  The inspector will sign and seal the inspection report which includes a certification that: 1. The beachfront lighting has been constructed in substantial accordance with the Sea Turtle Protection Plan (STPP). 2. The beachfront lighting does not illuminate areas seaward of the primary dune at the time of the night inspection. 3. The beachfront light sources are not directly visible from the beach at the time of the night inspection. Determination of compliance with the beachfront lighting standards set out in the STPP does not relieve the applicant from complying with all other applicable conditions set out in this Section or from mitigating against subsequent negative impacts to sea turtles, their nests or eggs resulting from the approved activity. DEVELOPMENT INFORMATION In order to minimize potential impacts caused by the proposed project to adult and hatchling sea turtles during the nesting season, the following development standards will be implemented on the project site during the construction phase and will be applied to the final development plan for the proposed project. All site development activities within the project site will comply with the standards of Chapter 62B F.A.C and St. Lucie County (Section 6.04.02 I) Land Development Code requirements. (1) Schedule of proposed development periods: No schedule has been established to date. Construction operations will be limited, to the greatest extent feasible, to non-nesting sea turtle season (November 16 through the end of February). Should construction operations occur during sea turtle nesting season, they shall be conducted during daylight hours whenever possible. (2) Number of linear feet of shoreline seaward of the primary dune upon which development will occur: No development is proposed seaward of the primary dune. Dune crossovers will be constructed during the non-nesting sea turtle season (November 16 through the end of February) and designed to facilitate beach access while limiting potential impacts to habitat and wildlife activities. Trash receptacles will be placed on the crossover to limit the amount of littering on the beach. Permanent sea turtle information and educational signs will be installed and maintained by the applicant at the entrance of the dune crossover (please refer to the Appendix for an illustration of the proposed sea turtle informational signs). 4.B.r Packet Pg. 195 At t a c h m e n t 4 . B . r : S e a T u r t l e P r o t e c t i o n P l a n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) EW Consultants, Inc. Natural Resource Management, Wetland, and Environmental Permitting Services 601 Heritage Drive, Suite 124 • Jupiter, FL 33458 • 561-623-5475 • Fax 561-623-5481 www.ewconsultants.com (3) The number and type of vehicles anticipated during development, the type of equipment and materials to be used seaward of the primary dune, and the location of beach access points to be used in moving equipment and materials to and from the development site: The site plan has been designed such that all building development will occur landward of the western toe of the primary dune. No impacts seaward of the primary dune are proposed according to the site plan. Dune crossover impacts will be limited to the efforts necessary to install the dune crossovers and the replanting of native dune vegetation. (4) The location, number, positioning, and type of temporary nighttime security lights. No temporary construction nighttime lighting is proposed for this project during sea turtle nesting season. (5) The location, number, positioning, and type of nighttime construction lights and the extent of areas seaward of the primary dune to be illuminated: No temporary construction nighttime lighting is proposed for this project during sea turtle nesting season. (6) Protective/mitigating measures to minimize development impacts on sea turtles: In addition to the standards set forth in this STPP for lighting requirements, orange barricade fencing (snow fences) will be installed on the development site at the landward edge of the primary dune to prevent vehicles from disturbing the dune. Silt fences will also be installed along the landward edge of the primary dune, seaward of the orange barricade, to prevent nesting adult sea turtles and sea turtle hatchlings from entering the development site. Regular surveys will be conducted by a qualified environmental scientist or biologist to ensure that the integrity of the fencing is maintained throughout the duration of the construction phase. Prior to any vegetation removal or native plant installation on the primary dune, a survey will be undertaken to ensure that the proposed efforts will not impact nesting sea turtles, sea turtle hatchlings, or sea turtle nests. 4.B.r Packet Pg. 196 At t a c h m e n t 4 . B . r : S e a T u r t l e P r o t e c t i o n P l a n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) HELP PROTECT ST. LUCIE COUNTY'S SEA TURTLES SEA TURTLE NESTING/HATCHING SEASON MARCH 1 - NOVEMBER 15 DO NOT INTERFERE WITH NESTING FEMALES, EGGS OR HATCHLINGS LEAVE NESTS, MARKERS, SIGNS AND PROTECTIVE SCREENS UNDISTURBED SHIELD OR TURN OFF ALL LIGHTS THAT SHINE ON THE BEACH OR ARE VISIBLE FROM THE BEACH. THIS INCLUDES CAR HEADLIGHTS, FISHING LAMPS, FLASHBULBS AND FLASHLIGHTS CAMPFIRES, HORSEBACK RIDING AND MOTORIZED VEHICLES ARE PROHIBITED KEEP PETS OFF THE BEACH 14' 11' 601 Heritage Drive, Suite 124 Jupiter, Florida 33458 561-623-5475 Fax 561-623-5481 www.ewconsultants.com FIGURE EW Consultants, Inc. SEA TURTLE SIGN DETAILS 10 AUG 2016 ORCHID BEACH RESORT 4X4 WOODEN POST 4.B.r Packet Pg. 197 At t a c h m e n t 4 . B . r : S e a T u r t l e P r o t e c t i o n P l a n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) Page - 1 - of 4 FWC APPROVED SEA TURTLE LIGHTING GUIDELINES ACCEPTABLE FIXTURES All exterior fixtures on the seaward and the shore perpendicular sides of the building (and on the landward side of the building if they are visible from the beach) should be well shielded, full cut-off, downward directed type fixtures. All exterior fixtures on the landward side of the building should be downward directed only. ACCEPTABLE LAMPS / BULBS AND OTHER LIGHT SOURCES Long wave length lights, e.g. those that produce light that measures greater than 580 nanometers on a spectroscope, are necessary for all construction visible from and adjacent to marine turtle nesting beaches. Bright white light, such as metal halide, halogen, fluorescent, mercury vapor and incandescent lamps will not be approved. Filters are unreliable and not allowed. Limited use of shorter wavelength lights may be approved in areas where direct and indirect light or glow could not possibly be visible from the beach upon approval by FWC. ACCEPTABLE LAMPS • Low Pressure Sodium (LPS) 18w, 35w • Amber or Red LED (true red or true amber, diodes, NOT filters) • Turtle Safe Lighting, Inc (TSL) coated, compact fluorescent (CF) lamps (maximum 13 watts) (Filter sleeves and dichroic filters are not allowed) • True red neon • Other lighting sources that produce light of 580 nm or longer ***** FWC approved lighting may be found at http://www.myfwc.com ***** STATEMENT ABOUT POOL LIGHTS ON LIGHTING PLAN The plan shall reflect that the interior swimming pool and pool deck lights shall be turned off while the pool is closed during sea turtle nesting season (May 1st – October 31st). The use of an automatic timer is acceptable. This may be specified in the notes section on the drawing and should be included in the FDEP Permit Conditions. STATEMENT ABOUT TURTLE GLASS ON LIGHTING PLAN The plan shall reflect that tinted glass or film with a visible light transmittance value of forty-five (45) percent or less shall be applied to all windows and doors within line of sight of the beach. This includes the seaward and shore-perpendicular sides of the structure. This may be specified in the notes section on the Lighting Plan architectural drawing and should be included in the FDEP Permit Conditions. TIMERS Timers may be used only for in-pool and pool deck lights when the pool is closed. THE FOLLOWING ARE NOT ALLOWED ● Private balcony lights ● Up lights ● Tree strap downlights ● Decorative lighting, not necessary for human safety or security ● Pond lights ● Dune walkover lighting ● Fountain lights on beach or shore perpendicular side of structure 4. B . r Pa c k e t P g . 1 9 8 Attachment4.B.r: Sea Turtle Protection Plan (3766 : Orchid Beach Resort - Preliminary/Final PNRD Site Plan) Page - 2 - of 4 EXAMPLES OF TURTLE FRIENDLY FIXTURES FIXTURE LAMP & WATTAGE MOUNTING TYPE & HEIGHT LOCATION COMMENTS Ceiling Mount Cylinder (with interior black baffles) Amber /red LED 13w (maximum) TSL coated CF Ceiling Surface if located on shore perpendicular or beach side of structure allow on ground floor only Interior Black Baffles Wall Mount Cylinder Down Light (with interior black baffles) Amber /red LED 13w (maximum) TSL coated CF Wall Mount Downward Directed 8 ft from floor If located on shore perpendicular or beach side of structure allow on first habitable floor only Interior Black Baffles Recessed Ceiling Canister Amber/red LED 13w (maximum) TSL coated CF For covered driveway entry on landward side of commercial or multi-family structures only: Halogen lamp PAR spot lamps LED lamps Recessed Ceiling If located on shore perpendicular or beach side of structure allow on ground floor only Interior black baffles Hex cell (honeycomb) louver 4. B . r Pa c k e t P g . 1 9 9 Attachment4.B.r: Sea Turtle Protection Plan (3766 : Orchid Beach Resort - Preliminary/Final PNRD Site Plan) Page - 3 - of 4 FIXTURE LAMP & WATTAGE MOUNTING TYPE & HEIGHT LOCATION COMMENTS Recessed Step Lights (louvered or downward directed) Amber/ red LED 13w (maximum) TSL coated CF Wall Mount Maximum height 12 inches Ground Floor and Second level, and pool Deck If on perimeter of pool deck, must be mounted directed away from beach. Bollard (with downward directed louvers) 18w LPS Amber/ red LED 13w (maximum) TSL coated CF Maximum height 42 in Parking areas, commercial walkway, landscape, pathway and pool Deck 180° to 270° beach side shields on any fixture on perimeter of pool deck or immediately adjacent to beach. High Intensity Full Cut Off Pole Lights 18-35 w LPS (if twin head, maximum of 36w total) Pole - maximum height 12 feet Parking Area Landward side of structure only. Beach Side shields for any fixture within line of sight of beach. 4. B . r Pa c k e t P g . 2 0 0 Attachment4.B.r: Sea Turtle Protection Plan (3766 : Orchid Beach Resort - Preliminary/Final PNRD Site Plan) Page - 4 - of 4 FIXTURE LAMP & WATTAGE MOUNTING TYPE & HEIGHT LOCATION COMMENTS Paver Lights Amber or Red LED In Ground mount Parking areas, driveways, pathways, pool decks Garage Lighting (Phoenix) 35w LPS Garage Ceiling Garage If a parking garage is not fully enclosed with solid walls, without windows, so that the interior is not visible from any section of beach, only LPS lamps shall be used. Additional shields may be necessary if parking is above ground level. Channel / Rope Lighting Amber or Red LED NOT colored plastic tubing with white lights No White LED Must be mounted recessed under steps, bar, etc. and directed down to assure that light source or reflected light is not visible from beach Pool deck, steps, pool bars. Water Feature Lighting Amber LED Light must be downward directed Landward side of structure only if fully shielded from beach. 4. B . r Pa c k e t P g . 2 0 1 Attachment4.B.r: Sea Turtle Protection Plan (3766 : Orchid Beach Resort - Preliminary/Final PNRD Site Plan) 4.B.s Packet Pg. 202 At t a c h m e n t 4 . B . s : P u b l i c N o t i f i c a t i o n s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.s Packet Pg. 203 At t a c h m e n t 4 . B . s : P u b l i c N o t i f i c a t i o n s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.s Packet Pg. 204 At t a c h m e n t 4 . B . s : P u b l i c N o t i f i c a t i o n s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.s Packet Pg. 205 At t a c h m e n t 4 . B . s : P u b l i c N o t i f i c a t i o n s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.s Packet Pg. 206 At t a c h m e n t 4 . B . s : P u b l i c N o t i f i c a t i o n s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.s Packet Pg. 207 At t a c h m e n t 4 . B . s : P u b l i c N o t i f i c a t i o n s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.s Packet Pg. 208 At t a c h m e n t 4 . B . s : P u b l i c N o t i f i c a t i o n s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.s Packet Pg. 209 At t a c h m e n t 4 . B . s : P u b l i c N o t i f i c a t i o n s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.s Packet Pg. 210 At t a c h m e n t 4 . B . s : P u b l i c N o t i f i c a t i o n s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.s Packet Pg. 211 At t a c h m e n t 4 . B . s : P u b l i c N o t i f i c a t i o n s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.s Packet Pg. 212 At t a c h m e n t 4 . B . s : P u b l i c N o t i f i c a t i o n s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.s Packet Pg. 213 At t a c h m e n t 4 . B . s : P u b l i c N o t i f i c a t i o n s ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.t Packet Pg. 214 At t a c h m e n t 4 . B . t : D e v e l o p m e n t A p p l i c a t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.t Packet Pg. 215 At t a c h m e n t 4 . B . t : D e v e l o p m e n t A p p l i c a t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.t Packet Pg. 216 At t a c h m e n t 4 . B . t : D e v e l o p m e n t A p p l i c a t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.t Packet Pg. 217 At t a c h m e n t 4 . B . t : D e v e l o p m e n t A p p l i c a t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.t Packet Pg. 218 At t a c h m e n t 4 . B . t : D e v e l o p m e n t A p p l i c a t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.t Packet Pg. 219 At t a c h m e n t 4 . B . t : D e v e l o p m e n t A p p l i c a t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.t Packet Pg. 220 At t a c h m e n t 4 . B . t : D e v e l o p m e n t A p p l i c a t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.t Packet Pg. 221 At t a c h m e n t 4 . B . t : D e v e l o p m e n t A p p l i c a t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.t Packet Pg. 222 At t a c h m e n t 4 . B . t : D e v e l o p m e n t A p p l i c a t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.t Packet Pg. 223 At t a c h m e n t 4 . B . t : D e v e l o p m e n t A p p l i c a t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.t Packet Pg. 224 At t a c h m e n t 4 . B . t : D e v e l o p m e n t A p p l i c a t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.t Packet Pg. 225 At t a c h m e n t 4 . B . t : D e v e l o p m e n t A p p l i c a t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.t Packet Pg. 226 At t a c h m e n t 4 . B . t : D e v e l o p m e n t A p p l i c a t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.t Packet Pg. 227 At t a c h m e n t 4 . B . t : D e v e l o p m e n t A p p l i c a t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.t Packet Pg. 228 At t a c h m e n t 4 . B . t : D e v e l o p m e n t A p p l i c a t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.t Packet Pg. 229 At t a c h m e n t 4 . B . t : D e v e l o p m e n t A p p l i c a t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.t Packet Pg. 230 At t a c h m e n t 4 . B . t : D e v e l o p m e n t A p p l i c a t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.t Packet Pg. 231 At t a c h m e n t 4 . B . t : D e v e l o p m e n t A p p l i c a t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.t Packet Pg. 232 At t a c h m e n t 4 . B . t : D e v e l o p m e n t A p p l i c a t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.t Packet Pg. 233 At t a c h m e n t 4 . B . t : D e v e l o p m e n t A p p l i c a t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.t Packet Pg. 234 At t a c h m e n t 4 . B . t : D e v e l o p m e n t A p p l i c a t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.t Packet Pg. 235 At t a c h m e n t 4 . B . t : D e v e l o p m e n t A p p l i c a t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) 4.B.t Packet Pg. 236 At t a c h m e n t 4 . B . t : D e v e l o p m e n t A p p l i c a t i o n ( 3 7 6 6 : O r c h i d B e a c h R e s o r t - P r e l i m i n a r y / F i n a l P N R D S i t e P l a n ) ITEM NO. (ID # 4135) DATE: 02/16/2017 AGENDA REQUEST *PUBLIC HEARINGS LEGISLATIVE BACKGROUND: The Planning and Zoning Commission at their January 19, 2017 public hearing meeting continued this item to a date certain, February 16, 2017. The Commission's discussion regarding the proposed text amendment included clarification of proposed language and recommendations of removing language that was duplicated in other sections of the Land Development Code, as well as requirements that would ultimately be reviewed by other agencies. The concerns of the Commission are addressed in the attached document titled Memorandum Continued. This is a petition submitted by Kenneth G. Oertel on behalf of Margiric Farms, LLC to request a Text Amendment to the Land Development Code (LDC) that will create supplemental standards for Agricultural Labor Housing for Section 7.10.08 Rural and Farmworker Housing. "Agricultural Labor Housing" is listed as a Conditional Use in the adopted Agricultural, 5 (AG-5) zoning district. The 1990 adopted Supplemental Standards section of the Land Development Code reserved Section 7.10.08 Rural and Farmworker Housing for future implementation of supplemental standards for Agricultural Housing. To date, the Section remains empty. Margiric Farms is proposing a Conditional Use application for Agricultural Labor Housing in the Agricultural 1 Zoning District. Prior to submitting the Conditional Use application they felt it in their best interest to ask the Board of County Commissioners to establish supplemental standards for Agricultural Labor Housing. PREVIOUS ACTION: On January 19, 2017, the Planning and Zoning Commission continued this item to a date certain, February 16, 2017. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the petition be forwarded to the Board of County Commissioners with a TO: St. Lucie County Planning & Zoning Commission PRESENTED BY: Linda Pendarvis, Planner SUBMITTED BY: Planning Division SUBJECT: Ordinance - Agricultural Labor Housing / Farmworker Housing Text Amendment 4.C Packet Pg. 237 Updated: 2/10/2017 11:14 AM by Sarah Smith Page 2 recommendation of approval. COMMISSION ACTION: Coordination/Signatures 4.C Packet Pg. 238 Planning and Development Services Department Planning Division M E M O R A N D U M TO: Planning and Zoning Commission THROUGH: Leslie Olson, AICP, Planning & Development Services Director Bonnie C. Landry, AICP, Planning Manager FROM: Linda Pendarvis, Comprehensive Planning Coordinator DATE: February 16, 2017 SUBJECT: Text Amendment to the Land Development Code – Section 7.10.08 Rural and Farmworker Housing On January 19, 2017, the public hearing on this item was continued to February 16, 2017 to allow staff time to address comments by the Commission. The request included clarifying language and removing redundant language that would be addressed in accordance with other sections of the Land Development Code or by federal and state agencies. Staff has updated the January 19th Draft Ordinance with strikethrough and underline based upon input from the Planning and Zoning Commission member’s comments and included this in the February 16 agenda packet. The following are the questions raised by the Planning and Zoning Commission and staff’s response: 1. What landscaping requirements will be imposed for a large agricultural use? LDC Section 7.09.00 Landscaping and Screening. Response: Each site will be reviewed under a site specific application through the Conditional Use process. Possible landscaping requirements may include landscape screening along the road right-of-way and vehicular use areas. 2. A complete boundary survey may be very costly for large tracts of agricultural land. LDC Section 11.02.09. – Submittals for Minor and Major Site Plans. Response: Boundary survey requirements have been removed from the draft amendment since the requirements are part of the existing site plan and conditional use process. The County Surveyor has the authority to allow for site specific surveys if the development is restricted to a specific area of a large tract of land. 4.C.a Packet Pg. 239 At t a c h m e n t 4 . C . a : M a r g a r i c F a r m s - P a n d Z M e m o 2 - 1 6 - 1 7 ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) Planning and Zoning Commission Margiric Farm LLC February 16, 2017 Page 2 3. Consistent reference to Agricultural Labor Housing vs Farmworker Housing. Response: Staff corrected the ordinance language to strikethrough farmworker and replace with agricultural labor. 4. Lack of definition for caretakers’ residences. The Florida Administrative Code 64E-14.021 Responsibility of Operator and Owners and 64E-14.022 Supervision requires daily inspections be performed of the facility. Response: Corrected the wording to allow for “a” caretaker’s residence as accessory to the agricultural labor housing site. A caretaker’s residence provides for an operator to be housed on site separate from the agricultural laborers. 5. E-Standards. 1. No Agricultural labor camp shall be located within one mile of another Agricultural Labor Camp within Unincorporated St. Lucie County. Why one mile apart? Response: This language was in the applicant’s original submittal. Based upon direction of this Board, the distance requirement has been removed. 6. E-Standards. 3. No on-site farm labor housing shall exceed in land area three (3) percent of the gross acreage of the agricultural operation, or twenty (20) acres, whichever is less. Off- site farm labor housing for laborers shall have a land area of not less than five (5) acres. Is the 3 percent an arbitrary number? Response: This language was included in order to prevent an overabundance of agricultural labor housing that may result in abandoned structures or nonconforming uses if or when an agricultural use is no longer viable. Duplexes and multifamily structures are not permitted uses in the Agricultural zoning districts. 7. E-Standards. 4. A minimum of 2,000 square feet of open space and recreation area shall be provided for each dwelling unit. Response: This language was in the applicant’s original submittal. The Florida Administrative Code Chapter 64E-14, Migrant Labor Camps, does not provide a definition or square footage for open space. Therefore, this minimum standard for open space has been removed. 8. E-Standards. 7. No farmworker housing structure shall be used as a permanent residence. Define permanent residence. Response: A residence constructed for the use as Agricultural Labor Housing may not necessarily be in compliance with other sections of the Land Development Code. The additional underline language is suggested. “No agricultural labor house 4.C.a Packet Pg. 240 At t a c h m e n t 4 . C . a : M a r g a r i c F a r m s - P a n d Z M e m o 2 - 1 6 - 1 7 ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) Planning and Zoning Commission Margiric Farm LLC February 16, 2017 Page 3 structure licensed by the Department of Health as a migrant labor camp shall be used as a residence for a period of more than six months by a single occupant or family.” 9. E-Standards. 10. Each structure shall provide adequate space and facilities for food storage, cooking, cleaning, bathing, laundry and toilet areas. What is adequate space? Response: These requirements are addressed through the Florida Department of Health. This language has been removed. 10. E-Standards. 11. If required by Fire Code and Florida Building Code or rules of the Florida Department of Health, fire suppression methods shall be installed in each structure used for farmworker housing. Response: This requirement is satisfied through the St. Lucie County Building Department review. Therefore this language has been removed. 11. E-Standards. 12. The maximum number of dwelling units shall not exceed one unit per gross acre. LDC Section 3.01.03. – Zoning Districts. Response: Agricultural Labor Housing is a Conditional Use in the AG-5, AG-2.5 and AG-1 Zoning Districts. The intent of E-12 will allow a greater density than what would be permitted by the AG-5 and AG-2.5 zoning district without requesting a rezoning to AG-1. 12. G-Site Plan. 5. Actual yard dimensions for each dwelling unit lot. Response: This language was in the original submittal but has been removed as requested by this Board. 13. G-Site Plan. 6. The floor plan showing the square footage and dimensions of all rooms and the list of the maximum number of person who may occupy the structures. Building code issue and is not required for other site plan review process? Response: This requirement is satisfied through the St. Lucie County Building Department review therefore this language has been removed. 14. G-Site Plan. 10. Location of onsite garbage dumpster(s) meeting the provision of Land Development Code Section 7.09.04 (F). Why repeat an existing code requirement? LDC 7.09.04. – General Landscaping Requirements. Response: This language has been removed. 4.C.a Packet Pg. 241 At t a c h m e n t 4 . C . a : M a r g a r i c F a r m s - P a n d Z M e m o 2 - 1 6 - 1 7 ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) Planning and Zoning Commission Margiric Farm LLC February 16, 2017 Page 4 15. G-Site Plan. 11. The plan shall identify and label all common areas as defined in Florida Administrative Code 64E.14.002. At least one of these areas shall be large enough to allow outdoor recreational activities, such as badminton or soccer. The Department of Health Chapter 64E-14, Florida Administrative Code for migrant labor camps define common areas as: 64E.14.002 Definitions (2) “Common areas” - That portion of a migrant labor camp or residential migrant housing not included within private living quarters and where migrant labor camp or residential migrant housing residents generally congregate. Response: The last sentence that references recreational area and activities has been removed. 16. H-Design standards; required facilities The Conditional Use process addresses these standards, why repeat the language? LDC Section 11.07.03. – Standards for Review of Conditional Use Permits. Response: Section 11.07.03, Standards of Review for Conditional Use Permits, addresses these standards since all Agricultural Labor Housing must be reviewed as a conditional use; therefore, this language has been removed. RECOMMENDATION: Staff recommends that the proposed text amendment to the Land Development Code be forwarded to the Board of County Commissioners with a recommendation for approval. 4.C.a Packet Pg. 242 At t a c h m e n t 4 . C . a : M a r g a r i c F a r m s - P a n d Z M e m o 2 - 1 6 - 1 7 ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) Planning and Zoning Commission Margiric Farm LLC February 16, 2017 Page 5 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 GRANT APPROVAL TO THE TEXT AMENDMENT TO THE LAND DEVELOPMENT CODE BY AMENDING DEFINITIONS AND CREATING SECTION 7.10.08 AGRICULTURAL LABOR HOUSING, 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 DENY THE TEXT AMENDMENT TO THE LAND DEVELOPMENT CODE BY AMENDING DEFINITIONS AND CREATING SECTION 7.10.08 AGRICULTURAL LABOR HOUSING, BECAUSE... [CITE REASON(S) WHY - PLEASE BE SPECIFIC] 4.C.a Packet Pg. 243 At t a c h m e n t 4 . C . a : M a r g a r i c F a r m s - P a n d Z M e m o 2 - 1 6 - 1 7 ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) Ordinance No. 17-XXX File No.: TLDC 620165027 Page 1 Strikethrough = code being removed Underline = new code added ORDINANCE 17-XX FILE NO.: TLDC 620165027 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE BY AMENDING SECTION 2.00.00 DEFINITIONS TO CREATE A DEFINITION OF “AGRICULTURAL LABOR HOUSING”: CREATING SECTION 7.10.08 AGRICULTURAL LABOR HOUSING FARMWORKER HOUSING TO ESTABLISH SUPLEMENTAL STANDARDS FOR FARMWORKER HOUSING; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, (Board) based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. On January 19, 2017, the Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing due notice in the St. Lucie News Tribune and recommended that the proposed ordinance be forwarded with a recommendation for approval. 3. On XXX, this Board held its first public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 4. On XXX, this Board held its second public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 5. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. 4.C.b Packet Pg. 244 At t a c h m e n t 4 . C . b : D r a f t O r d i n a n c e L D C f a r m w o r k e r h o u s i n g _ j a n _ p z ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) Ordinance No. 17-XXX File No.: TLDC 620165027 Page 2 Strikethrough = code being removed Underline = new code added The St. Lucie County Land Development Code is hereby amended to by amending Section 2.00.00 (Definitions) to add the following definition: 2.00.00 DEFINITIONS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Agricultural labor housing: Any person employed in hand labor operations in planting, cultivation, or harvesting agricultural crops. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PART A. The St. Lucie County Land Development Code is hereby amended to create Section 7.10.08 Rural and Farmworker Housing to read as follows: 7.10.08 AGRICULTURAL LABOR RURAL AND FARMWORKER HOUSING A. Purpose. The purpose of this section is to recognize and provide temporary housing for farm laborers working at agricultural operations in St. Lucie County in the AG-1, AG-2.5, and AG-5 Zoning Districts. Agricultural Labor Housing is permitted as a Conditional Use subject to Section 11.07.00 and the requirements of this Section. It is the intent of these standards to meet the particular needs of the farm labor industry through design standards while protecting the health, safety and general welfare of the farm laborers and the general public. It is further the intent of this section that such housing will be used exclusively for agricultural housing purposes. Farmworker housing is encouraged to be clustered. Agricultural labor housing shall be subject to the Florida Building Code. B. Housing types. These standards apply to the following housing types as agricultural labor housing, either as principal buildings or accessory buildings in the AG-1, AG-2.5 and AG-5 Zoning Districts: 1. Duplexes. 2. Multiple-family dwellings. C. Accessory uses. In addition to uses and structures that are accessory and incidental to farm labor housing uses, the following specific accessory uses may be located on the property as an accessory use: 1. Caretakers' residences. 4.C.b Packet Pg. 245 At t a c h m e n t 4 . C . b : D r a f t O r d i n a n c e L D C f a r m w o r k e r h o u s i n g _ j a n _ p z ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) Ordinance No. 17-XXX File No.: TLDC 620165027 Page 3 Strikethrough = code being removed Underline = new code added D. Conditional Use. No Agricultural Labor Housing shall be constructed until a request for Conditional Use has been approved by the Board of County Commissioners. E. Standards 1. No agricultural labor camp shall be located within one mile of another agricultural labor camp within unincorporated St. Lucie County. 2. Agricultural labor housing shall be set back a minimum of 100 feet measured from the front property line and all public or private right of way lines. 3. No on-site farm labor housing shall exceed in land area three (3) percent of the gross acreage of the agricultural operation, or twenty (20) acres, whichever is less. Off-site farm labor housing shall have a land area of not less than five (5) acres. 4. A minimum of 2,000 square feet of open space and recreation area shall be provided for each dwelling unit. 5. Certification of compliance of structures built under this section with the Florida Department of Health, pursuant to Chapter 64E-14, F.A.C. (Florida Administrative Code), as a migrant labor camp shall be required. The St. Lucie County Planning and Development Services Director shall be copied on the written notice of intent to the Department of Health required in FAC 64E-14.0003. 6. The owner of an Agricultural Labor Housing development shall provide copies of the Florida Department of Health biannual inspections to the Planning and Development Services Director to be filed with the Conditional Use Permit. 7. No agricultural labor housing structure shall be used as a permanent residence. 8. In the event of a change of ownership of an agricultural labor housing development, the new owner shall submit an application for a minor adjustment to the Conditional Use Permit within ninety (90) days of the date the change in ownership is recorded in the public records of St. Lucie County. 9. Agricultural labor housing shall comply with landscaping requirements in accordance with Section 7.09.00 of the County Land Development Code. 10. Each structure shall provide adequate space and facilities for food storage, cooking, cleaning, bathing, laundry and toilet areas. 11. If required by Fire Code and Florida Building Code or rules of the Florida Department of Health, fire suppression methods shall be installed in each structure used for farmworker housing. 12. The maximum number of dwelling units shall not exceed one unit per gross acre. 4.C.b Packet Pg. 246 At t a c h m e n t 4 . C . b : D r a f t O r d i n a n c e L D C f a r m w o r k e r h o u s i n g _ j a n _ p z ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) Ordinance No. 17-XXX File No.: TLDC 620165027 Page 4 Strikethrough = code being removed Underline = new code added 13. The minimum setbacks for structures from property lines shall be consistent with the zoning district. Agricultural labor housing sites that utilize a portion of a parcel or larger project shall provide an overall boundary survey of the entire parcel or project area with the five acres housing site delineated. Any existing or proposed non-farmworker housing buildings on the overall parcel shall be shown along with the distance between the proposed housing and other existing or proposed structures. G. Site plan Every conditional use application for Agricultural Labor Housing must include a site plan consistent with Section 11.02.04, including the following additional information: 1. The site plan shall include a statement that the units shall solely be occupied by individuals on a temporary basis who are employed in active on-site agricultural operations or agricultural operations located on other properties leased by the owner or under the same ownership as the subject project site. 2. A map indicating the location and distance of both off-site agricultural operations at which the laborers will be working and the housing shall be provided. 3. The area and dimensions of the land to be devoted to the housing development. 4. The layout of building sites and type of proposed structures. 5. Actual yard dimensions for each dwelling unit lot. 6. The floor plan showing the square footage and dimensions of all rooms and the list of the maximum number of persons who may occupy the structure. 7. Location, size and type of utilities. 8. Environmental Impact Report, conforming to Section 11.02.09(A)(5) of the Land Development Code. 9. Traffic Impact Report or Study, as needed or required by Land Development Code Section 11.02.04. 10. Location of an onsite garbage dumpster(s) meeting the provision of Land Development Code Section 7.09.04 (F). 11. The plan shall identify and label all common areas as defined in FAC 64-E-14.002. At least one of these areas shall be a level turf field of dimensional proportion to allow outdoor recreational activities, such as badminton or soccer. 4.C.b Packet Pg. 247 At t a c h m e n t 4 . C . b : D r a f t O r d i n a n c e L D C f a r m w o r k e r h o u s i n g _ j a n _ p z ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) Ordinance No. 17-XXX File No.: TLDC 620165027 Page 5 Strikethrough = code being removed Underline = new code added 12. The site plan shall include the following statement: Notice of Conveyance. Wherever an interest in real property within an area covered by an approved conditional use for agricultural labor housing is sold, the seller shall attach to the instrument of sale, a notice directing the buyer's attention to such approval (including any amendment) and the area of the lot of record used as a basis for the farm worker housing. The notice shall also generally apprise the buyer of the development rights, requirements, and remedies provided under such approval, under this Code. Such notice shall be on a form approved by the Planning and Development Services Director. H. Design standards; required facilities 1. The proposed development will not have an undue adverse effect upon nearby properties and character of the neighborhood. 2. Steps shall be taken to minimize any adverse effect on the immediate vicinity through building design, site design, landscaping and screening. 3. Adequate public facilities and services for potable water, solid waste disposal, an approved sanitary sewage disposal system, including roads, police protection, fire protection and electric power must be located in each dwelling unit. 4. At least five percent of the units (but not less than one unit) must be constructed as fully accessible units to persons with disabilities, in accordance with the Fair Housing Act. PART C. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY. If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. 4.C.b Packet Pg. 248 At t a c h m e n t 4 . C . b : D r a f t O r d i n a n c e L D C f a r m w o r k e r h o u s i n g _ j a n _ p z ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) Ordinance No. 17-XXX File No.: TLDC 620165027 Page 6 Strikethrough = code being removed Underline = new code added PART F. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART G. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART H. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chris Dzadovsky, Chair XXX Tod Mowery, Vice-Chair XXX Frannie Hutchinson, Commissioner XXX Linda Bartz, Commissioner XXX Cathy Townsend, Commissioner XXX PART I. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts C through I shall not be codified. PASSED AND DULY ENACTED this xx day of xx, 2017. Attest: Board of County Commissioners St. Lucie County, Florida _______________________ By: ___________________________ Deputy Clerk Chairman Approved As To Form and Correctness: By: ___________________________ County Attorney 4.C.b Packet Pg. 249 At t a c h m e n t 4 . C . b : D r a f t O r d i n a n c e L D C f a r m w o r k e r h o u s i n g _ j a n _ p z ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) Planning and Development Services Department Planning Division M E M O R A N D U M TO: Planning and Zoning Commission THROUGH: Leslie Olson, AICP, Planning & Development Services Director Bonnie C. Landry, AICP, Planning Manager FROM: Linda Pendarvis, Comprehensive Planning Coordinator DATE: January 19, 2017 SUBJECT: Text Amendment to the Land Development Code – Section 7.10.08 Rural and Farmworker Housing This is a petition submitted by Kenneth G. Oertel on behalf of Margiric Farms, LLC to request a Text Amendment to the Land Development Code (LDC) that will create supplemental standards for Agricultural Labor Housing/Farmworker Housing for Section 7.10.08 Rural and Farmworker Housing. Background: The 1990 adopted Land Development Code reserved Section 7.10.08 for future implementation of supplemental standards for Farmworker Housing. Margiric Farms is proposing a Conditional Use application for Agricultural Labor Housing in the Agricultural 5 Zoning District. Prior to submitting the Conditional Use application they felt it in their best interest to establish supplemental standards for Agricultural Labor Housing/Farmworker Housing. The review standards are summarized below. 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 Planning and Zoning Commission and 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 Comprehensive Plan and/or the Land Development Code; The proposed text amendment to the Land Development Code is consistent with the Comprehensive Plan and is internally consistent with the remainder of the Land Development Code. The amendment creates supplemental standards for Farmworker Housing as a 4.C.c Packet Pg. 250 At t a c h m e n t 4 . C . c : P a n d Z M e m o r a n d u m 1 - 1 9 - 1 7 ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) Planning and Zoning Commission Margiric Farm LLC January 19, 2017 Page 2 Conditional Use within the Agricultural 5 (AG-5), Agricultural 2.5 (AG2.5), and Agricultural 1(AG- 1) Zoning Districts. The purpose of these districts is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to be compatible with productive agricultural surroundings. The following Comprehensive Plan Policies pertaining to farmworker housing support the proposed code amendment: Objective 3.1.1: The County shall ensure the creation and/or preservation of affordable housing for all current and anticipated future residents of the jurisdiction, and households with special housing needs including rural and farmworker housing, workforce housing as well as adequate site and distribution of housing for very-low-income, low-income and moderate-income households. Policy 3.2.2.4: Rural and farm worker housing locational criteria shall be reviewed for incorporation into the Land Development Code within one year according to these general guidelines: A. Rural and farm worker housing should be located near collectors and arterials leading to work sites, shopping and social services; B. It is recognized that rural and farm worker housing often will be dependent on onsite sanitary sewer and potable water supplies. Land Development Code pertaining to farmworker housing: Section 3.01.03: Agricultural labor housing is listed under Conditional Uses within the AG-1 (Agricultural-1), AG-2.5 (Agricultural-2.5) and AG-5 (Agricultural-5) Zoning Districts. 2. Whether and the extent to which the proposed amendment is inconsistent with the existing and proposed land uses; The proposed text amendment to the Land Development Code is not site specific but applies to the County at large and if approved, a Conditional Use Application and Site Plan must be approved by the Board of County Commissioners. The Conditional Use process ensures that any proposed farmworker housing will be reviewed in context to the surrounding neighborhood through review of the location, design, intensity, configuration, and public facility impact in order to determine the appropriateness of the use and their compatibility with adjacent uses. Conditional uses may require the imposition of additional conditions to make the uses compatible in their specific contexts. Furthermore, the Conditional Use process incorporates an extensive public input process by requiring a survey to be sent to all neighbors within 500 feet and be heard at two public hearings - one before the Planning and Zoning Commission and one before the Board of County Commissioners. 3. Whether there have been changed conditions that require an amendment; Section 7.10.08 Rural and Farmworker Housing is currently reserved in the County’s Land Development Code but lacks text. The proposed amendment will provide supplemental standards for farmworker housing that was reserved for future implementation and the applicant proposing the amendment . 4.C.c Packet Pg. 251 At t a c h m e n t 4 . C . c : P a n d Z M e m o r a n d u m 1 - 1 9 - 1 7 ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) Planning and Zoning Commission Margiric Farm LLC January 19, 2017 Page 3 4. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; Site specific facility impacts will be addressed at the time of the Conditional Use and Site Plan application. All development is required to adhere to Land Development Code Section 11.07.03 - Standards of Review of Conditional Use Permits and Section 11.02.00 Procedure for Site Plan Review. 5. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; Site specific environmental impacts will be addressed at the time of the Conditional Use application. All development is required to adhere to current environmental resource protection standards. 6. Whether and the extent to which the proposed amendment would adversely affect the property values in the area; Site specific neighborhood impacts will be addressed at the time of Conditional Use and Site Plan application. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative effects of such patterns; Site specific effects of a proposed change to existing development patterns will be addressed at the time of Conditional Use and Site Plan application. The proposed amendment is limited to agriculturally classified land and is specifically geared towards supporting the operations of agricultural uses. 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 in keeping with the public interest and is in harmony with the purpose and intent of this code by furthering Comprehensive Plan policies that speak to special housing needs for farmworkers. The proposed amendment identifies guidelines to process a conditional use request for Agricultural Labor Housing where currently none exists. Any potential conflict with public interests associated with a site-specific request can be addressed through the associated Conditional Use and Site Plan process. 9. Any other matters that may be deemed appropriate by the Planning and Zoning Commission or the Board of County Commissioners, in review and consideration of the proposed amendment. The Planning and Zoning Commission and the Board of County Commissioners may raise other matters regarding the proposed amendment to the text of the Land Development Code. 4.C.c Packet Pg. 252 At t a c h m e n t 4 . C . c : P a n d Z M e m o r a n d u m 1 - 1 9 - 1 7 ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) Planning and Zoning Commission Margiric Farm LLC January 19, 2017 Page 4 Analysis Summary: Based upon staff analysis contained in this memorandum, the proposed text amendment to the Land Development Code is internally consistent with the Land Development Code and the St. Lucie County Comprehensive Plan. The proposed amendments have the potential to support agricultural operations to provide housing for farmworkers, which furthers Comprehensive Plan Objective 3.1.1 and Policy 3.2.2.4. Recommendation: Staff recommends that the proposed text amendment to the Land Development Code be forwarded to the Board of County Commissioners with a recommendation for approval. 4.C.c Packet Pg. 253 At t a c h m e n t 4 . C . c : P a n d Z M e m o r a n d u m 1 - 1 9 - 1 7 ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) Planning and Zoning Commission Margiric Farm LLC January 19, 2017 Page 5 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 GRANT APPROVAL TO THE TEXT AMENDMENT TO THE LAND DEVELOPMENT CODE BY AMENDING DEFINITIONS AND CREATING SECTION 7.10.08 FARMWORKER HOUSING, 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 DENY THE TEXT AMENDMENT TO THE LAND DEVELOPMENT CODE BY AMENDING DEFINITIONS AND CREATING SECTION 7.10.08 FARMWORKER HOUSING, BECAUSE... [CITE REASON(S) WHY - PLEASE BE SPECIFIC] 4.C.c Packet Pg. 254 At t a c h m e n t 4 . C . c : P a n d Z M e m o r a n d u m 1 - 1 9 - 1 7 ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) Ordinance No. 17-XXX File No.: TLDC 620165027 Page 1 Strikethrough = code being removed Underline = new code added ORDINANCE 17-XX FILE NO.: TLDC 620165027 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE BY AMENDING SECTION 2.00.00 DEFINITIONS TO CREATE A DEFINITION OF “AGRICULTURAL LABOR HOUSING”: CREATING SECTION 7.10.08 AGRICULTURAL LABOR HOUSING FARMWORKER HOUSING TO ESTABLISH SUPLEMENTAL STANDARDS FOR FARMWORKER HOUSING; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, (Board) based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. On January 19, 2017, the Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing due notice in the St. Lucie News Tribune and recommended that the proposed ordinance be forwarded with a recommendation for approval. 3. On XXX, this Board held its first public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 4. On XXX, this Board held its second public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 5. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. 4.C.d Packet Pg. 255 At t a c h m e n t 4 . C . d : O r d i n a n c e 1 - 1 9 - 1 7 ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) Ordinance No. 17-XXX File No.: TLDC 620165027 Page 2 Strikethrough = code being removed Underline = new code added The St. Lucie County Land Development Code is hereby amended to by amending Section 2.00.00 (Definitions) to add the following definition: 2.00.00 DEFINITIONS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Agricultural labor housing: Any person employed in hand labor operations in planting, cultivation, or harvesting agricultural crops. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PART A. The St. Lucie County Land Development Code is hereby amended to create Section 7.10.08 Rural and Farmworker Housing to read as follows: 7.10.08 AGRICULTURAL LABOR RURAL AND FARMWORKER HOUSING A. Purpose. The purpose of this section is to recognize and provide temporary housing for farm laborers working at agricultural operations in St. Lucie County in the AG-1, AG-2.5, and AG-5 Zoning Districts. Agricultural Labor Housing is permitted as a Conditional Use subject to Section 11.07.00 and the requirements of this Section. It is the intent of these standards to meet the particular needs of the farm labor industry through design standards while protecting the health, safety and general welfare of the farm laborers and the general public. It is further the intent of this section that such housing will be used exclusively for agricultural housing purposes. Farmworker housing is encouraged to be clustered. Agricultural labor housing shall be subject to the Florida Building Code. B. Housing types. These standards apply to the following housing types as agricultural labor housing, either as principal buildings or accessory buildings in the AG-1, AG-2.5 and AG-5 Zoning Districts: 1. Duplexes. 2. Multiple-family dwellings. C. Accessory uses. In addition to uses and structures that are accessory and incidental to farm labor housing uses, the following specific accessory uses may be located on the property as an accessory use: 1. Caretakers' residences. 4.C.d Packet Pg. 256 At t a c h m e n t 4 . C . d : O r d i n a n c e 1 - 1 9 - 1 7 ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) Ordinance No. 17-XXX File No.: TLDC 620165027 Page 3 Strikethrough = code being removed Underline = new code added D. Conditional Use. No Agricultural Labor Housing shall be constructed until a request for Conditional Use has been approved by the Board of County Commissioners. E. Standards 1. No agricultural labor camp shall be located within one mile of another agricultural labor camp within unincorporated St. Lucie County. 2. Agricultural labor housing shall be set back a minimum of 100 feet measured from the front property line and all public or private right of way lines. 3. No on-site farm labor housing shall exceed in land area three (3) percent of the gross acreage of the agricultural operation, or twenty (20) acres, whichever is less. Off-site farm labor housing shall have a land area of not less than five (5) acres. 4. A minimum of 2,000 square feet of open space and recreation area shall be provided for each dwelling unit. 5. Certification of compliance of structures built under this section with the Florida Department of Health, pursuant to Chapter 64E-14, F.A.C. (Florida Administrative Code), as a migrant labor camp shall be required. The St. Lucie County Planning and Development Services Director shall be copied on the written notice of intent to the Department of Health required in FAC 64E-14.0003. 6. The owner of an Agricultural Labor Housing development shall provide copies of the Florida Department of Health biannual inspections to the Planning and Development Services Director to be filed with the Conditional Use Permit. 7. No agricultural labor housing structure shall be used as a permanent residence. 8. In the event of a change of ownership of an agricultural labor housing development, the new owner shall submit an application for a minor adjustment to the Conditional Use Permit within ninety (90) days of the date the change in ownership is recorded in the public records of St. Lucie County. 9. Agricultural labor housing shall comply with landscaping requirements in accordance with Section 7.09.00 of the County Land Development Code. 10. Each structure shall provide adequate space and facilities for food storage, cooking, cleaning, bathing, laundry and toilet areas. 11. If required by Fire Code and Florida Building Code or rules of the Florida Department of Health, fire suppression methods shall be installed in each structure used for farmworker housing. 12. The maximum number of dwelling units shall not exceed one unit per gross acre. 4.C.d Packet Pg. 257 At t a c h m e n t 4 . C . d : O r d i n a n c e 1 - 1 9 - 1 7 ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) Ordinance No. 17-XXX File No.: TLDC 620165027 Page 4 Strikethrough = code being removed Underline = new code added 13. The minimum setbacks for structures from property lines shall be consistent with the zoning district. Agricultural labor housing sites that utilize a portion of a parcel or larger project shall provide an overall boundary survey of the entire parcel or project area with the five acres housing site delineated. Any existing or proposed non-farmworker housing buildings on the overall parcel shall be shown along with the distance between the proposed housing and other existing or proposed structures. G. Site plan Every conditional use application for Agricultural Labor Housing must include a site plan consistent with Section 11.02.04, including the following additional information: 1. The site plan shall include a statement that the units shall solely be occupied by individuals on a temporary basis who are employed in active on-site agricultural operations or agricultural operations located on other properties leased by the owner or under the same ownership as the subject project site. 2. A map indicating the location and distance of both off-site agricultural operations at which the laborers will be working and the housing shall be provided. 3. The area and dimensions of the land to be devoted to the housing development. 4. The layout of building sites and type of proposed structures. 5. Actual yard dimensions for each dwelling unit lot. 6. The floor plan showing the square footage and dimensions of all rooms and the list of the maximum number of persons who may occupy the structure. 7. Location, size and type of utilities. 8. Environmental Impact Report, conforming to Section 11.02.09(A)(5) of the Land Development Code. 9. Traffic Impact Report or Study, as needed or required by Land Development Code Section 11.02.04. 10. Location of an onsite garbage dumpster(s) meeting the provision of Land Development Code Section 7.09.04 (F). 11. The plan shall identify and label all common areas as defined in FAC 64-E-14.002. At least one of these areas shall be a level turf field of dimensional proportion to allow outdoor recreational activities, such as badminton or soccer. 4.C.d Packet Pg. 258 At t a c h m e n t 4 . C . d : O r d i n a n c e 1 - 1 9 - 1 7 ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) Ordinance No. 17-XXX File No.: TLDC 620165027 Page 5 Strikethrough = code being removed Underline = new code added 12. The site plan shall include the following statement: Notice of Conveyance. Wherever an interest in real property within an area covered by an approved conditional use for agricultural labor housing is sold, the seller shall attach to the instrument of sale, a notice directing the buyer's attention to such approval (including any amendment) and the area of the lot of record used as a basis for the farm worker housing. The notice shall also generally apprise the buyer of the development rights, requirements, and remedies provided under such approval, under this Code. Such notice shall be on a form approved by the Planning and Development Services Director. H. Design standards; required facilities 1. The proposed development will not have an undue adverse effect upon nearby properties and character of the neighborhood. 2. Steps shall be taken to minimize any adverse effect on the immediate vicinity through building design, site design, landscaping and screening. 3. Adequate public facilities and services for potable water, solid waste disposal, an approved sanitary sewage disposal system, including roads, police protection, fire protection and electric power must be located in each dwelling unit. 4. At least five percent of the units (but not less than one unit) must be constructed as fully accessible units to persons with disabilities, in accordance with the Fair Housing Act. PART C. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY. If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. 4.C.d Packet Pg. 259 At t a c h m e n t 4 . C . d : O r d i n a n c e 1 - 1 9 - 1 7 ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) Ordinance No. 17-XXX File No.: TLDC 620165027 Page 6 Strikethrough = code being removed Underline = new code added PART F. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART G. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART H. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chris Dzadovsky, Chair XXX Todd Mowery, Vice-Chair XXX Frannie Hutchinson, Commissioner XXX Linda Bartz, Commissioner XXX Cathy Townsend, Commissioner XXX PART I. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts C through I shall not be codified. PASSED AND DULY ENACTED this xx day of xx, 2017. Attest: Board of County Commissioners St. Lucie County, Florida _______________________ By: ___________________________ Deputy Clerk Chairman Approved As To Form and Correctness: By: ___________________________ County Attorney 4.C.d Packet Pg. 260 At t a c h m e n t 4 . C . d : O r d i n a n c e 1 - 1 9 - 1 7 ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) 4.C.e Packet Pg. 261 At t a c h m e n t 4 . C . e : A p p l i c a t i o n ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) 4.C.e Packet Pg. 262 At t a c h m e n t 4 . C . e : A p p l i c a t i o n ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) 4.C.e Packet Pg. 263 At t a c h m e n t 4 . C . e : A p p l i c a t i o n ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) 4.C.e Packet Pg. 264 At t a c h m e n t 4 . C . e : A p p l i c a t i o n ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) 4.C.e Packet Pg. 265 At t a c h m e n t 4 . C . e : A p p l i c a t i o n ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) 4.C.e Packet Pg. 266 At t a c h m e n t 4 . C . e : A p p l i c a t i o n ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) 4.C.e Packet Pg. 267 At t a c h m e n t 4 . C . e : A p p l i c a t i o n ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) 4.C.e Packet Pg. 268 At t a c h m e n t 4 . C . e : A p p l i c a t i o n ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) 4.C.e Packet Pg. 269 At t a c h m e n t 4 . C . e : A p p l i c a t i o n ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) 4.C.e Packet Pg. 270 At t a c h m e n t 4 . C . e : A p p l i c a t i o n ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) 4.C.e Packet Pg. 271 At t a c h m e n t 4 . C . e : A p p l i c a t i o n ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) CHAPTER 64E-14 CAMPS 64E-14.001 Migrant Farmworker Housing ‒ General 64E-14.002 Definitions 64E-14.003 Construction Procedures, Variances 64E-14.004 Standards, Permits, Inspections, Violations, Complaints and Retaliation 64E-14.005 Application and Variance Fees 64E-14.006 Sites 64E-14.007 Buildings and Structures 64E-14.008 Water Supply 64E-14.009 Garbage and Refuse Disposal 64E-14.0095 Pesticide Use, Storage and Disposal 64E-14.010 Vermin Control 64E-14.011 Heating 64E-14.012 Lighting 64E-14.013 Sewage and Liquid Waste Disposal 64E-14.014 Plumbing 64E-14.015 Personal Hygiene Facilities 64E-14.016 Field Sanitation Facilities 64E-14.017 Food Service Facilities 64E-14.018 Sleeping Facilities, Beds and Bedding 64E-14.019 Fire Protection 64E-14.020 Citations, Fines 64E-14.021 Responsibility of Operator and Owners 64E-14.022 Supervision 64E-14.023 Enforcement 64E-14.024 Animal Health and Safety 64E-14.001 Migrant Farmworker Housing - General. It is the intent of this chapter to prescribe minimum sanitation requirements to protect the health and safety of the persons residing in migrant labor housing and to reduce the number of migrant farmworkers exposed to unsanitary conditions both in migrant labor housing and in the workplace. These rules provide minimum sanitation and health standards relating to construction, operation, and maintenance of migrant labor camps and residential migrant housing. This rule is applicable to mobile homes, private residential rentals, rooming houses, barracks, and housing authority projects for farmworkers when these facilities constitute a migrant labor camp or residential migrant housing. Rulemaking Authority 381.006(5), 381.0086 FS. Law Implemented 381.0081 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.51, Amended 8-6-92, 11-17-94, Formerly 10D-25.051. 64E-14.002 Definitions. As used in this chapter, the following meanings shall apply: (1) “Barracks” – A large building used for temporary occupancy and synonymous with the term dormitory. (2) “Common areas” – That portion of a migrant labor camp or residential migrant housing not included within private living quarters and where migrant labor camp or residential migrant housing residents generally congregate. (3) “Department” – For the purpose of this rule, the term “Department” has the same meaning as the definition that appears in Section 381.008(2), F.S. (4) “Family” – Includes spouse, children, stepchildren, foster children, parents, stepparents, fosterparents, brothers and sisters. (5) “Field” – A cultivated expanse of land, especially one devoted to a particular crop. For example, a farm producing, wheat, rice, corn, soybeans, barley, beans, rye, sorghum, cotton, tobacco, potatoes, sugar crops, hay, peanuts, mint, hops, tomatoes, strawberries, and other such crops. 4.C.f Packet Pg. 272 At t a c h m e n t 4 . C . f : 6 4 E - 1 4 , F l o r i d a A d m i n i s t r a t i v e C o d e ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) (6) “Garbage disposal” – For the purpose of this rule, the term “Garbage disposal” has the same meaning as the definition that appears in Section 381.008(12), F.S. (7) “Group toilets” – A room providing a suite of water closets or toilets and lavatories. (8) “Hand-labor operations” – Agricultural activities or agricultural operations performed by hand or with hand tools. Hand labor operations also include activities or operations performed in conjunction with hand labor in the field. Examples of “hand labor operations” are the hand-cultivation, hand-weeding, hand-planting and hand-harvesting of vegetables, nuts, fruits, seedlings, or other crops, including mushrooms, plant (nursery) farms, sod farms, and the hand packing of produce into containers, whether done on the ground, on a moving machine or in a temporary packing shed located in the field. “Hand-labor” does not include such activities as logging operations, the care or feeding of livestock, or hand-labor operations in permanent structures (e.g., canning facilities or packing houses), or the operation of a machine, such as a picker or tractor. (9) “Hand tools” – any hand-held implement used in agriculture by manual laborers to prepare and plant field crops for harvest. (10) “Incident of employment” – Something that is contingent upon or related to being employed. For the purpose of this rule, this term shall also mean the same as condition of employment. Examples include housing provided by farm labor contractors or growers for the migrant and seasonal farmworkers they employ or that are employed by any other farm labor contractors. (11) “Lighting” – For the purpose of this rule, the term “Lighting” has the same meaning as the definition that appears in Section 381.008(10), F.S. (12) “Major Deficiency” – Non compliance of a standard or numerous violations of the standards of this chapter which solely or collectively cause an imminent threat to public health or cause a high risk of injury. Examples of major deficiencies are untreated sewage on the ground, unsafe or deteriorated housing, contaminated water supply, holes in floors extending completely through the original designed exterior, unsafe stairs and flooring posing a risk of persons falling, unsafe ceiling with risk of imminent collapse, ceiling or roof leaks, gas leaks, exposed or cross connection of electrical wires, boarded windows where the 10 percent window area requirement is not met, boarded doorways providing egress or ingress. (13) “Migrant farmworker” – A person who is or has been employed in hand-labor operations in planting, cultivating, or harvesting agriculture crops within the last 12 months and who has changed residence for purposes of employment in agriculture within the last 12 months. (14) “Migrant labor camp” – For the purpose of this rule, the term “Migrant labor camp” has the same meaning as the definition that appears in Section 381.008(5), F.S. (15) “Personal hygiene facilities” – For the purpose of this rule, the term “Personal hygiene facilities” has the same meaning as the definition that appears in Section 381.008(9), F.S. (16) “Potable water” – Water which is satisfactory for drinking, food preparation, bathing, and meets drinking water standards of Rule 62-550, 62-555, 62-560, or 64E-8, F.A.C. (17) “Private living quarters” – A building or portion of a building, dormitory or barracks, including its bathroom facilities, or a similar type of sleeping and bathroom area, which is a home, residence, or a sleeping place for a resident of a migrant labor camp or residential migrant housing. (18) “Residential migrant housing” – For the purpose of this rule, the term “Residential migrant housing” has the same meaning as the definition that appears in Section 381.008(8), F.S. (19) “Seasonal farmworker” – A person who, within the last 12 months, is or has been employed where a minimum of 50 percent of their time in that position involves hand-labor operations and who has not changed residence for the purpose of employment in agriculture. This term includes seasonal workers employed in alternative positions not related to hand-labor operations once the harvesting season has ended. For example, the term seasonal worker includes persons employed operating a machine, such as a picker or tractor, during periods when the hand-labor operations have ended for the season. (20) “Sewage disposal” – For the purpose of this rule, the term “Sewage disposal” has the same meaning as the definition that appears in Section 381.008(11), F.S. The standards by which a facility is “approved” for “satisfactory treatment and disposal of human excreta and liquid waste” are found in Chapter 64E-6 or Chapter 62-600, F.A.C. All facilities shall be constructed and maintained in compliance with the requirements established in these chapters, as appropriate, before receiving a permit. (21) “Single Family Residence” – A structure that is designed and built to house only one family rather than several unrelated persons (such as barracks) or multiple families (such as rooming houses). (22) “Structure” – For the purpose of this chapter, the term shall mean any building or municipality approved housing which offers protection from the elements for migrant and seasonal farmworkers and includes family residential units, multi-family units, 4.C.f Packet Pg. 273 At t a c h m e n t 4 . C . f : 6 4 E - 1 4 , F l o r i d a A d m i n i s t r a t i v e C o d e ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) barracks, and rooming houses. (23) “Substantially renovated” – Migrant farmworker housing which has been remodeled or enlarged to comply with current local building, plumbing, electrical, or fire safety codes and the water supply and sewage disposal sections of this chapter. This does not apply to cosmetic repairs or routine maintenance. (24) “Vermin” – Any of various small animals or insects that are destructive, or injurious to health, such as cockroaches or rats. (25) “Water closet” – A room or booth containing a toilet and often a washbowl or basin. Rulemaking Authority 381.006, 381.0086 FS. Law Implemented 381.008 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.52, Amended 8-6-92, 11-17-94, Formerly 10D-25.052, Amended 4-25-99, 9-12-99, 9-30-08. 64E-14.003 Construction Procedures, Variances. (1) Notice of Construction. Any and each person who is planning to construct, enlarge, remodel and occupy, or use a migrant labor camp or residential migrant housing or to convert a property for use or occupancy as a migrant labor camp or residential migrant housing shall give notice in writing of intent to do so to the department at least 45 days before the date of beginning such construction, enlargement or renovation. The notice shall give the location of the property within that county, a proposed construction plan, enlargement or renovation drawn to scale for the department to determine compliance with all rules and the name and mailing address of the person giving the notice. The plan shall include the location and description of the type of water supply and sewage disposal systems if the facility is not planned for connection to municipal systems. (2) Variances. A person may apply for a permanent, structural variance from specific standard(s) by filing an application for such a variance with the Department of Health. The variance request shall be in writing and it must: (a) Clearly specify the standard(s) from which the variance is desired; (b) Provide adequate justification that the variance is necessary to obtain a beneficial use of an existing facility, and to prevent a practical difficulty or unnecessary hardship; and (c) Clearly set forth the specific alternative measures that the owner or operator has taken to protect the health and safety of occupants and adequately show that such alternative measures have achieved the same result as the standard from which the variance is sought. (3) Each request for a variance shall be accompanied with a check for $100, made payable to the Bureau of Community Environmental Health, and it shall be sent to the local County Health Department for the county in which the variance is requested. (4) Within 30 days after receipt of the variance application, the department shall review the application and request from the applicant submission of all additional information necessary for the department to make a determination on the variance request. The department shall, in writing, grant or deny the variance within (90) days of receipt of the variance application, or within 90 days of receipt of all additional information necessary to complete the application when a request for additional information has been made by the department in accordance with this section. Failure of the department to grant or deny the variance within 90 days, shall constitute harmless error, and shall not provide the basis for an argument that the variance was, in fact, granted. (5) For the purpose of the rule, this subsection has the same meaning as Section 381.0086(6), F.S. Rulemaking Authority 381.006, 381.0086 FS. Law Implemented 381.0083, 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D- 25.53, Amended 8-6-92, 11-17-94, Formerly 10D-25.053, Amended 9-12-99, 9-30-08. 64E-14.004 Standards, Permits, Inspections, Violations, Complaints and Retaliation. (1) Standards. Before any person establishes, operates, or allows occupancy of a migrant labor camp or residential migrant housing, the operator shall ensure that the camp or housing complies with the minimum standards of construction, sanitation, and, equipment established in Sections 381.008 through 381.00897, F.S. the rules of this chapter, and the Occupational Safety and Health Act of 1970, 29 U.S.C. s. 655, or the Housing and Urban Development (HUD) Chapter 10 Housing Quality Standards as referenced in the Housing Choice Voucher Program Guidebook 7420.10G effective as of April 2001. The Occupational Safety and Health Administration’s (OSHA) standards for Temporary Labor Camps in 29 U.S.C. s. 655, and HUD’s Chapter 10 Housing Quality Standards in the Housing Choice Voucher Program Guidebook 7420.10G, are herein adopted and incorporated by reference. A copy of the OSHA Standards can be obtained at http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9791 or U.S. Government Printing Office, 732 N. Capital Street, Washington, DC 20401. A copy of the Chapter 10 HUD Housing Quality Standards referenced in the Housing Choice Voucher Program Guidebook can be obtained at the U.S. Department of Housing and Urban Development Office 4.C.f Packet Pg. 274 At t a c h m e n t 4 . C . f : 6 4 E - 1 4 , F l o r i d a A d m i n i s t r a t i v e C o d e ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) located at Brickell Plaza 909 S. E. 1st Ave., Room #500, Miami, Florida 33313 or at http://www.doh.state.fl.us/environment/community/migrant-labor/index.html. Any housing that is furnished as a condition of employment so as to subject it to the requirements of OSHA shall only be inspected under the OSHA standards. This applies to migrant labor camps as that term is defined in subsection 64E-14.002(14), F.A.C. The HUD standards are applicable only to housing authority projects funded to house migrant and seasonal farmworkers. Mobile Home Parks that have 5 or more seasonal or migrant farmworkers as occupants of the park will be issued a revised Mobile Home/RV Park and Residential Migrant Housing Permit. (2) Application for Permits. (a) All applications for a permit to operate a migrant labor camp or residential migrant housing shall be filed with the department at least 30 days prior to the date of operation on DH Form 4082, Application For A Migrant Labor Camp Permit, Sept. 98, incorporated herein by reference. DH Form 4082 is available at county health departments located in each county or at http://www.doh.state.fl.us/environment/community/migrant-labor/index.html. Completed applications required in this subsection shall be submitted to the county health department where the farmworker housing is located and shall be accompanied by the fee specified in Rule 64E-14.005, F.A.C. (b) In the event of a change of ownership of a migrant labor camp or residential migrant housing, the new owner shall file DH Form 4082 with the department at least 15 days before the change of ownership occurs and pay the application fee amount designated in Rules 64E-14.005(1)-(3), F.A.C. (3) Permit. Prior to the issuance of a permit, the department shall perform an initial inspection to determine whether the proposed migrant labor camp or residential migrant housing operation conforms to the minimum standards established in (1) of this rule. The department shall issue a permit for operation of the migrant labor camp or residential migrant housing upon all violations being successfully corrected after the initial inspection. The department will accept a recent (within three months) satisfactory federal sanitation inspection report, form HUD 9822, as a substitute for a pre-occupancy inspection of housing authority projects. A permit shall be required and must be obtained annually for each such migrant labor camp or residential migrant housing. Permits shall expire on September 30 next after the date of issuance and shall not be transferable. (4) Inspections. (a) Migrant labor camps and residential migrant housing occupied 6 weeks or more during a quarter shall be inspected at least twice quarterly during periods of occupancy. Migrant labor camps and residential migrant housing occupied less than 6 weeks during the quarter shall be inspected at least once during the quarter within that 6 week period. Proper documentation must be provided from the owner, operator or person in charge, clearly indicating the period of occupancy. Such documentation may include letters, memos, applications, or inspection forms. (b) HUD Housing Authorities shall only be inspected twice annually. (c) Migrant farmworker occupied mobile homes in a mobile home park meeting the 5 or more seasonal or migrant farmworker requirement, will be inspected and required to meet the migrant program standards when issued a revised Mobile Home/RV Park and Residential Migrant Housing Permit. Inspections shall be conducted using inspection form DOH 4060, effective 01/05, Migrant Labor Camp or Residential Migrant Housing Inspection Report, herein incorporated by reference, in accordance with this paragraph. The form may be obtained at the county health departments located in each county or at http://www.doh.state.fl.us/environment/community/migrant-labor/index.html. Department personnel shall conduct inspections at reasonable hours and in accordance with Section 381.0088, F.S. (d) Field sanitation facilities inspections as defined in Rule 64E-14.016, F.A.C., shall be made at random in the normal course of staff activities. (5) Violations. (a) When a major deficiency as defined in subsection 64E-14.002(12), F.A.C., is reported to housing permittees or supervisors, a maximum of 48 hours shall be given to make corrections or provision for corrections that meet the requirements of this chapter. The permittees or supervisors must submit proof (i.e., receipt, estimates or cost analysis sheet, etc.,) to the department’s staff at the time of the reinspection to show that the major deficiency has been corrected or is in the process of being corrected within the 48 hours timeframe allotted by this rule. The documents presented to the department’s staff must come from companies or persons licensed to provide the required services (i.e., licensed septic tank contractors, licensed plumbers, contractors licensed in building trades and other professions). If the department grants the permittee a time extension to correct the violation, the permittee must provide documentation showing that provisions have been made to correct the major deficiency within 48 hours from the issuance of the extension issued by the county health department staff. The documentation must include a start and completion date by which 4.C.f Packet Pg. 275 At t a c h m e n t 4 . C . f : 6 4 E - 1 4 , F l o r i d a A d m i n i s t r a t i v e C o d e ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) the major deficiency will be corrected. The major violation must be corrected on or by the date indicated in the documentation, otherwise, the department will issue a citation with a fine. Three or more violations which constitute major deficiencies as defined in subsection 64E-14.002(12), F.A.C., cited during an inspection shall be cause for the department to seek legal remedy in accordance with Rule 64E-14.023, F.A.C. (b) Continual or repeat violations of the same inspection items related to migrant farmworker housing are cause for the issuance of a citation imposing a fine. A continual or repeat violation is a violation that occurs 3 or more times during a permit year. (6) Complaints. Any person may file a complaint when they believe that any occupied migrant labor camp or residential migrant housing is in violation of any housing standard contained herein. Such complaint may be made to a county health department or to the Bureau of Community Environmental Health. Upon receipt of the complaint, county health department staff shall inspect the housing identified to determine if a violation does exist. Should the complaint allege a major deficiency at the migrant labor camp or residential migrant housing, the inspection shall be made as soon as practicable. All other complaints will result in a notification to the owner and operator advising them of the complaint and that the alleged violation must be remedied within 3 business days. The department shall conduct an inspection as soon as practicable following such three day period to confirm that the violations have been corrected. When the alleged violations have been corrected, the complainant and the owner and operator shall be notified in writing within 15 working days of the outcome of the complaint and the closure of the complaint process. Upon request of the complainant, the department shall conduct the inspection so as to protect the confidentiality of the complainant. (7) Retaliation Prohibited. Migrant labor camp and residential migrant housing residents and occupants who make complaints in good faith about housing and sanitary conditions shall not be retaliated against by the owner or operator. Examples of conduct for which an owner or operator may not retaliate are stated in 381.00895, Florida Statutes. Rulemaking Authority 381.006, 381.0086 FS. Law Implemented 381.0081, 381.0082, 381.0083, 381.00893 FS. History–New 1-1-77, Amended 10- 7-84, Formerly 10D-25.54, Amended 8-6-92, 11-17-94, Formerly 10D-25.054, Amended 6-23-98, 9-12-99, 9-30-08. 64E-14.005 Application and Variance Fees. The following application fees for migrant labor camp and residential migrant housing operations shall be assessed annually, with the exception of those facilities meeting the criteria in subsection (4) of this section: (1) Camps or housing with facilities for 5 to 50 occupants: $125. (2) Camps or housing with facilities for 51 to 100 occupants: $225. (3) Camps or housing with facilities for 101 or more occupants: $500. (4) Migrant labor camps and residential migrant housing, which have been newly constructed and those which have been substantially renovated are exempt from the annual application fee required in this rule for the next annual permit after the renovation or construction occurred. The owner or operator of a mobile home/RV park as defined in Chapter 513, F.S., that is also regulated as migrant farmworker housing, shall only be required to pay a single park fee, unless there have been major deficiencies or uncorrected deficiencies cited by the department, or administrative action taken within the past year regarding the requirements for migrant labor camps and residential migrant housing set forth in Chapter 381, F.S., in which case the applicant shall pay the fee required in Section 381.0084, F.S. (5) Permitted migrant labor camps and residential migrant housing are exempt from the application fee when the following three conditions have been met during the inspection year: (a) Had no uncorrected violations after reinspection by the department: (b) Had no pending administrative complaint or citation final orders; (c) Had no major deficiencies cited by the department. (6) Each $100 fee collected for requests for variances shall be deposited to a unique revenue code and shall be used solely for the enhancement of the Migrant Labor Camp and Residential Migrant Housing Program. Rulemaking Authority 381.006(5), 381.0086 FS. Law Implemented 381.0084 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.55, Amended 8-6-92, 11-17-94, Formerly 10D-25.055, Amended 6-23-98, 9-12-99, 9-30-08. 64E-14.006 Sites. (1) All sites shall be well drained, free from standing water, and maintained to inhibit the breeding of mosquitoes. Natural sinkholes, swamps, pools, or other surface collections of water are not allowed within 200 feet of the periphery of the outermost building, unless such quiescent water surfaces can and will be subjected to mosquito control measures. A government created 4.C.f Packet Pg. 276 At t a c h m e n t 4 . C . f : 6 4 E - 1 4 , F l o r i d a A d m i n i s t r a t i v e C o d e ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) surface water diversion pool built within 200 feet of the outermost shelter after the origination of the housing shall not disqualify the housing from meeting this location standard. (2) Structures in which food is prepared or served and where sleeping quarters are located shall be more than 500 feet from any area where livestock is kept. (3) All shelter sites shall be adequate in size to permit locating of buildings so as to minimize the hazards of fire. (4) Roads – Roads shall be designed and maintained to accommodate in a safe manner the vehicles accessing the facilities. Rulemaking Authority 381.006, 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.57, Amended 8-6-92, 11-17-94, Formerly 10D-25.057, Amended 9-30-08. 64E-14.007 Buildings and Structures. (1) Buildings and structures of migrant labor camps and residential migrant housing shall be weather-tight and shall provide protection from the elements. Steps, porches, hallways and other means of egress shall be sturdy and safe. At least one-half of the floor area of private living quarters shall have a minimum ceiling height of seven feet, except for manufactured trailers which must have a minimum ceiling height of six and one-half feet. All private living quarters of migrant labor camps and residential migrant housing constructed, enlarged, or renovated after September 1, 1992 shall have ceiling heights of seven feet or more. Floors used in private living quarters shall be constructed of wood, concrete or other comparable material. Wooden floors shall be of tight durable construction with a cleanable finish. Floor coverings shall be easily cleanable and maintained in good condition, free from obvious soiling. (2) Buildings and structures in all migrant labor camps and residential migrant housing shall have the corresponding utility connections for equipment required by this rule during occupancy. The owner or operator responsible for the building or structure shall ensure that all required heating, cooking, and water heating equipment is provided. The owner or operator is responsible for ensuring that the equipment is installed in accordance with state and local ordinances, codes, and regulations governing such installations. (3) Every room used for sleeping purposes in private living quarters shall provide a minimum of 50 square feet of floor space for each occupant. In a room where workers cook, live, and sleep, a minimum of 100 square feet of floor space per person shall be provided. (4) The floors, roofs, and exterior walls, and ceilings of all buildings and structures shall be sound and in good repair. Wooden exteriors of shelters shall either be constructed of decay resistant wood, painted with a lead-free paint, or covered with another type of protective coating. (5) Rooms used for sleeping purposes and common areas in private living quarters shall have at least one window opening directly to the outside. The minimum total window area of a migrant labor camp or residential migrant housing shall equal ten per cent of the floor area of each room. In addition, at least one-half of each window shall be constructed so that it can be easily opened for ventilating the room except where department approved mechanical ventilation is provided. In computing total window area and openable window area, jalousie doors may be counted. (6) Facilities established as migrant labor camps prior to 1980 which were in compliance with the U.S. Department of Labor, Employment Training Administration's standards of 20 C.F.R., Section 620, shall be deemed in compliance with the space requirement. Rulemaking Authority 381.006, 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.58, Amended 8-6-92, 11-17-94, Formerly 10D-25.058, Amended 9-30-08. 64E-14.008 Water Supply. (1) An approved or permitted supply of potable water under pressure that conforms with the requirements of Chapter 62-550, 62-555, and 62-560, F.A.C., or Chapter 64E-8, F.A.C., shall be available at all times during occupancy in each migrant labor camp and residential migrant housing for drinking, culinary, bathing, dishwashing, and laundry purposes. (2) The water supply shall be capable of providing at least 50 gallons per person per day. (3) Adequate facilities for providing hot water at a minimum 110 degrees Fahrenheit for bathing and dishwashing purposes shall be available at all times during periods of occupancy. Rulemaking Authority 381.006(5), 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.59, 4.C.f Packet Pg. 277 At t a c h m e n t 4 . C . f : 6 4 E - 1 4 , F l o r i d a A d m i n i s t r a t i v e C o d e ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) Amended 8-6-92, 11-17-94, Formerly 10D-25.059. 64E-14.009 Garbage and Refuse Disposal. (1) Garbage shall be retained in cleanable, watertight receptacles of impervious material which are provided with tight fitting covers suitable to protect the contents from flies, insects, rodents and other animals. Receptacles shall be provided in sufficient quantity to store garbage from all buildings and housing units. (2) Garbage containers shall be kept clean and shall be emptied on a regular basis, but not less than twice weekly. (3) Provisions shall be made for disposing of the garbage, kitchen wastes and other refuse in accordance with Chapter 62-701, F.A.C., and local codes, as applicable. Rulemaking Authority 381.006, 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.60, Amended 8-6-92, 11-17-94, Formerly 10D-25.060, Amended 9-30-08. 64E-14.0095 Pesticide Use, Storage and Disposal. (1) All empty pesticide containers shall be securely placed in a plastic bag and properly disposed into a garbage receptacle or in accordance with EPA pesticide disposal guidelines found at: http://www.epa.gov/pesticides/regulating/disposal.htm, or disposed of according to the label on the product. Empty pesticide containers must not be reused to store any other substance other than the same kind of pesticide that originally came in the container. (2) All common household pesticides, such as roach spray, chlorine bleach, kitchen and bathroom disinfectants, rat poison, insect and wasp sprays, repellents, baits, flea and tick shampoos, dips for pets and any other pesticide products applied in the migrant housing unit must be used according to the distributor or manufacturer’s label on the product. All pesticide containers shall contain their original product and the containers shall be properly labeled. Pesticide containers found with products other than the original contents shall be discarded immediately. (3) Containers containing common household pesticides used within migrant and seasonal farmworker housing units must be properly stored in a safe place, such as in a closet or cabinet away from food and other consumable items. In housing units where children reside, the common household pesticides must be stored out of the reach of children in a locked cabinet or closet away from children. Toxic chemicals must be stored out of the reach of children and in a locked area if children are residing in the home. (4) Farming tools shall not be stored in the migrant and seasonal farmworker housing units. Rulemaking Authority 381.006, 381.0086(1) FS. Law Implemented 381.0086(1) FS. History–New 9-30-08. 64E-14.010 Vermin Control. Effective measures shall be taken to prevent infestation by and harborage of vermin. All migrant and seasonal farmworker housing units shall be free of all vermin and maintained in a vermin free and vermin proof condition. All outside openings shall be effectively sealed or screened with a 16 mesh screen or equivalent in order to prevent entry of insects, rodents, or other vermin. If evidence shows that an infestation of vermin is found in the housing units, the owner or operator of the housing unit will be required to hire a licensed or certified exterminator to exterminate the vermin found in the housing unit. The owner or operator shall inform the migrant or seasonal farmworkers by posting a notice in the camp or housing unit to which it applies of any indoor application of pesticides prior to the application. When a licensed or certified exterminator applies pesticides in the home unit, the owner or operator shall obtain from the licensed or certified exterminator information about the potential risks and safety precautions that must be taken. The owner or operator shall share the information with the farmworkers and other household occupants. The owner or operator shall provide proof to the county health department official at the next inspection that the housing unit was exterminated by a certified exterminator, with a receipt for the extermination service rendered. Failure by the owner or operator to provide proof to the department that measures taken to control vermin in the housing unit are department approved, shall constitute a violation of this chapter. Rulemaking Authority 381.006, 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.61, Amended 8-6-92, 11-17-94, Formerly 10D-25.061, Amended 9-30-08. 64E-14.011 Heating. (1) All private living quarters, and bathrooms of migrant labor camps and residential migrant housing shall be equipped with 4.C.f Packet Pg. 278 At t a c h m e n t 4 . C . f : 6 4 E - 1 4 , F l o r i d a A d m i n i s t r a t i v e C o d e ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) heat producing devices to maintain a room temperature of 68 degrees Fahrenheit. (2) Heating appliances, other than electrical, shall be provided with a flue pipe or vent connected to the appliance and discharging to the outside air. Cooking facilities shall not be considered heating equipment. (3) Automatically operated heat producing equipment shall be provided with controls to cut off the fuel supply upon the failure or interruption of flame or ignition or whenever a predetermined safe temperature or pressure is exceeded. All steam and hot water systems shall be provided with safety devices designed to prevent hazardous pressures and excessive temperatures. Rulemaking Authority 381.006(5), 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.62, Amended 8-6-92, 11-17-94, Formerly 10D-25.062. 64E-14.012 Lighting. Each private living quarter in a migrant labor camp or residential migrant housing shall be provided with at least one ceiling or wall type light fixture capable of providing 30 foot candles of light at a point 30 inches from the floor and at least one separate double electric wall outlet. Interior areas in which people congregate, laundry rooms, shower rooms and toilet rooms shall be provided with a minimum of one ceiling or wall type fixture capable of providing at least 20 foot candles of light at a point 30 inches from the floor. Electric wiring shall be installed in accordance with the provisions of city or county electrical codes. Light bulbs shall be furnished in all facilities. Rulemaking Authority 381.006(5), 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.63, Amended 8-6-92, 11-17-94, Formerly 10D-25.063. 64E-14.013 Sewage and Liquid Waste Disposal. (1) Approved facilities shall be provided and maintained in all migrant labor camps and residential migrant housing for the satisfactory disposal and treatment of excreta and liquid waste. (2) Such facilities shall be constructed and maintained in compliance with Chapter 64E-6 or Chapter 62-600, F.A.C. Rulemaking Authority 381.006, 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.64, Amended 8-6-92, Repromulgated 11-17-94, Formerly 10D-25.064, Amended 9-30-08. 64E-14.014 Plumbing. All plumbing in migrant labor camps and residential migrant housing shall be in compliance with provisions of local plumbing codes. Rulemaking Authority 381.006(5), 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.65, Amended 8-6-92, Repromulgated 11-17-94, Formerly 10D-25.065. 64E-14.015 Personal Hygiene Facilities. (1) Personal Hygiene Facilities Requirements for Migrant Labor Camps and Residential Migrant Housing Ratio Chart of Number of Facilities to Number of People. Constructed Prior Constructed/Renovated (or facilities permitted for the first time) September 1, 1992 After September 1, 1992 Toilets Male Female Male Female 1:15 1:20 1:12 1:8 Up to 84 Up to 64 Above 84 Above 64 1:15 1:12 Urinals 1:25 1:20 Up to 160 Above 160 1:40 Showers or Baths 1:20 1:20 1:15 1:15 Handwash 1:20 1:20 1:6 1:6 4.C.f Packet Pg. 279 At t a c h m e n t 4 . C . f : 6 4 E - 1 4 , F l o r i d a A d m i n i s t r a t i v e C o d e ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) Drinking Fountain None 1:50 Laundry 1:25 Families 1:30 Farmworkers (Note: Drinking water fountain ratio pertains to dormitories and barracks only) (2) A toilet, hand washing, and bathing facility shall be located within 200 feet of each sleeping area of a migrant labor camp. (3) Where toilet rooms are shared, such as in multi-family housing units and barracks, toilet facilities shall be provided for each sex. These rooms shall be distinctly marked “Men” and “Women” by signs printed in English and in the native language of the persons occupying the camp. If the facilities for each sex are in the same building, they shall be separated by a solid wall or partition extending from the floor to the roof or ceiling. All group toilet rooms in migrant labor camps and residential migrant housing shall be constructed with privacy partitions between each water closet to block the occupants from view. All privacy partitions for toilets shall have doors. All toilet facilities shall be equipped with a self closing entrance door and maintained in good repair, cleaned with a disinfectant and provided with toilet paper and a garbage receptacle. (4) Each individual family unit shall contain at least one flush toilet, bathing facility and hand washing unit. If there are minor children in the family, there must be private bathing and toilet facilities provided within the individual living quarters of the family. (5) Toilet rooms in individual family units shall be so located that no individual is required to pass through a sleeping area, other than their own, in order to use toilet facilities. Adequate lighting shall be provided in all toilet rooms. Toilet rooms shall be ventilated to the outside when there is no window. No flush toilet fixture or urinal shall be located in a sleeping room. (6) The floors of hand washing, bathing and laundry facilities in migrant labor camps and residential migrant housing shall be of smooth but non-skid finish, impervious to moisture, and sloped to drain. (7) A laundry facility shall consist of a two compartment stationary tub or an electric washer and dryer. Except as provided elsewhere in this rule, there must be at least one laundry facility provided at each migrant labor camp and residential migrant housing establishment. In the event the laundry facility is not located on the premises of residential migrant housing establishments, the owner or operator of the residential migrant housing must either install a laundry facility on the premises or provide transportation to the laundry facility for the migrant or seasonal farmworkers occupying the permitted residential migrant housing. The owner or operator must provide transportation to the laundry facility at least twice a week for the migrant or seasonal farmworkers. (8) A separate laundry basket shall be provided by the owner or operator for farmworkers to separate the workers’ soiled clothing worn in the fields from other clothing worn in the home. The laundry basket must be labeled in the native language of the majority of the farmworkers and in English (for example, Spanish and English, Haitian Creole and English, Vietnamese and English) as: “Dirty Field Clothing, Wash Separately”. The owners and operators shall obtain a copy of the United States Environmental Protection Agency’s mini booklet entitled “Steps to Protect Yourself from Pesticides” at http://www.cdc.gov/nasd/docs/d000701-d000800/d000732/d000732.html or from the county health department to distribute to the migrant and seasonal farmworkers. The booklet contains educational material in Spanish, English and Haitian Creole, explaining the precautionary measures that must be taken to prevent pesticide poisoning in the home as well as explaining the importance of separating soiled field clothing from other clothing worn in the home. The booklets provided must be in the native language of the migrant and seasonal farmworkers. The owners or operators shall obtain a list of contact information for the migrant and seasonal farmworkers directing them where to seek medical attention and where to report a poisoning incident. The list shall be displayed in a conspicuous place in a common area in the migrant labor camp or residential migrant housing units for the health official to view during the inspections. (9) Floor drains properly trapped shall be provided in all shower baths and shower rooms to remove waste water and facilitate cleaning. The walls and partitions of shower rooms shall be smooth and impervious to moisture. A hose bib equipped to prevent backflow is required in each communal shower area. Soap and single service hand drying facilities shall be provided at communal personal hygiene facilities. Rulemaking Authority 381.006, 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.66, Amended 8-6-92, 11-17-94, Formerly 10D-25.066, Amended 9-30-08. 64E-14.016 Field Sanitation Facilities. Field Sanitation Facilities Requirements Number of persons Toilets Hand Washing Units Drinking Water 5-10 1 1 Yes 4.C.f Packet Pg. 280 At t a c h m e n t 4 . C . f : 6 4 E - 1 4 , F l o r i d a A d m i n i s t r a t i v e C o d e ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) (1) Where 5 to 10 hand-laboring farmworkers are employed in one location at one time, a field sanitation facility, consisting of 1 toilet facility and 1 hand washing unit shall be provided. The toilet and hand washing unit shall be located adjacent to each other. The facility shall be located within a one-quarter-mile walk of any hand-laborer's place of work in the field. Where it is not feasible to locate facilities as required above due to terrain, the facilities shall be located at the point of closest vehicular access. (2) Field toilet facilities shall be constructed and maintained in accordance with provisions of Rule 64E-6.0101, F.A.C., emptied at least weekly, and provide a minimum storage capacity of 50 gallons per unit. Waste from all field toilet facilities shall be disposed by a method approved by the county health department. The department shall approve portable water flushed units when determined appropriate for a particular situation. Toilet facilities shall have a screened ventilation opening and self-closing doors that can be closed and latched from the inside and shall be constructed to ensure privacy. (3) Field hand washing units shall be convenient and supplied with potable water in portable containers and shall be provided with soap or other cleanser and single use hand-drying towels. A waste container shall be provided for the used towels, and the wastewater from the hand washing unit shall not cause a sanitary nuisance. (4) Drinking water shall be potable and provided in containers constructed of smooth, impervious, corrosion resistant material Hydrocoolers or water coolers constructed as such are acceptable for use. Potable water containers shall be maintained by sanitary methods. The interiors of potable water containers shall be cleaned and sanitized at least daily. The containers shall be marked with the words “Drinking Water”, in English and in the native language of the majority of the workers. Single service cups shall be provided unless bottled water is provided or water is dispensed from a fountain equipped with an angled, protected jet outlet. Ice used for cooling drinking water shall be made from potable water. The water shall be suitably cool and in sufficient amounts, taking into account the air temperature, humidity and the nature of the work performed, to meet the needs of all employees. County health department staff, during the normal course of their work, shall take water samples at random to ensure the potability of the drinking water. (5) The owners, operators, crewleaders, or primary persons in charge shall ensure that sanitary facilities are available (handwashing receptacles, soap, water, etc.) to allow for washing of hands after working in the fields and before drinking, eating or smoking tobacco. Farmworkers shall be reminded not to eat unwashed produce from the field or use pesticide containers or other items from the field for food or drinking containers to prevent accidental ingestion of pesticide residues. Rulemaking Authority 381.006, 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.67, Amended 8-6-92, 11-17-94, Formerly 10D-25.067, Amended 9-12-99, 9-30-08. 64E-14.017 Food Service Facilities. (1) In each individual family unit, there shall be provided a range, a sink supplied with hot and cold water under pressure, and a refrigerator-freezer capable of maintaining temperatures at or below 41 degrees Fahrenheit for the refrigerator and at or below 0 degrees Fahrenheit for the freezer. (2) In structures without a central mess, cooking facilities shall be provided for use by all occupants. Ranges, refrigerator- freezers, and sinks supplied with hot and cold water under pressure shall be provided in a ratio of one to 10 persons or fraction thereof. Provision shall be made for safe storage and refrigeration of food. Commissaries operated for the use of the occupants of the housing and not permitted by the Department of Business and Professional Regulation shall be inspected by department staff. (3) In facilities where there is a central mess servicing a dining room or mess hall, the central mess shall be operated and equipped in compliance with Chapter 64E-11, F.A.C. A separate permit for operation of the central mess in the migrant labor camp shall be required. (4) Field kitchens shall be inspected and shall comply with Chapter 64E-11, F.A.C. (5) Field kitchens, dining rooms, mess halls for migrant labor camps and other areas where food is prepared or served shall be protected with screening of not less than 16 mesh. All screen doors shall be self closing and open outward. Rulemaking Authority 381.006, 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.68, Amended 8-6-92, 11-17-94, Formerly 10D-25.068, Amended 9-30-08. 64E-14.018 Sleeping Facilities, Beds and Bedding. (1) Sleeping facilities shall be available to each migrant labor camp and residential migrant housing occupant. Barracks type facilities which are designed or operated for both sexes shall contain separate sleeping facilities for each sex. Sleeping facilities shall consist of beds, or, cots or bunks complete with mattresses. The operator shall monitor the sleeping facilities to ensure the areas are 4.C.f Packet Pg. 281 At t a c h m e n t 4 . C . f : 6 4 E - 1 4 , F l o r i d a A d m i n i s t r a t i v e C o d e ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) clean and that bedding is clean and free from rips and holes. All mattresses must either be replaced or cleaned when soiled or include a clean protective mattress covering made of a material, such as cloth. The covering shall also be smooth and easily cleanable. The covering must be designed to remain intact and protect the mattress from getting soiled. Bed coverings shall be kept clean and in good repair. The owners and operators of the migrant labor camps or residential migrant housing will be responsible for ensuring the protective mattress covers remain intact over the mattresses in use during the periods of occupancy. (2) Weekly inspection of beds and bedding by the operator shall be made to ensure control of vermin. When vermin are found or reported, effective extermination measures shall be undertaken immediately. (3) Every bed, cot or bunk in migrant labor camps and residential migrant housing covered by this chapter shall be elevated from the floor. There shall be a clear ceiling height of not less than 36 inches above any mattress and there shall be a clear space of not less than 27 inches between the top of the lower mattress and the bottom of the upper bunk of a double deck bed in facilities regulated under this chapter. Triple deck facilities shall be prohibited. Single beds or bunks shall be provided for each of the occupants in barracks facilities. (4) Single beds, cots or bunks shall be spaced not less than 36 inches laterally or end to end and double-deck facilities shall be spaced not less than 36 inches laterally or end to end. A minimum of four feet of clear aisle space shall be provided in all barracks type facilities. Rulemaking Authority 381.006, 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.69, Amended 8-6-92, 11-17-94, Formerly 10D-25.069, Amended 9-30-08. 64E-14.019 Fire Protection. County health department staff shall provide the local fire jurisdiction a copy of the annual listing and location of permitted migrant farmworker housing facilities for proper inspection by the local fire jurisdiction. Rulemaking Authority 381.006(5), 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.70, Amended 8-6-92, 11-17-94, Formerly 10D-25.070, Amended 9-12-99. 64E-14.020 Citations, Fines. (1) Citations shall describe the particular nature of the violation, including a specific reference to the provisions of statute or rule allegedly violated. Each day the violation exists without being corrected constitutes a separate violation for which a citation may be issued. The citation shall be issued to the owner, supervisor, or operator of the migrant farmworker housing or to the responsible person for remedying the field sanitation facilities’ violation including the crew leader, the harvesting company, or the property owner and when a responsible person cannot be identified, any of the above may be cited. The fines imposed by a citation issued by the department may not exceed $500 for each violation. (2) Field Sanitation Citation Fines. (a) No soap, hand drying towels, or waste container for towel disposal. $50.00 (b) Toilet facilities are not screened or self-closing and do not ensure privacy. $75.00 (c) Hand washing facilities not available or not located adjacent to the toilet. Facilities not located within a quarter mile walking distance from farmworkers. $100.00 (d) Water containers improperly constructed or not marked in English and the native language of the majority of the workers. Single service cups not provided and ice not from an approved source. $100.00 (e) Waste water from hand washing facility causes a sanitary nuisance. The amount of drinking water available is not sufficient to prevent dehydration or disease. Toilet facilities do not provide a minimum 50 gallon storage capacity. $250.00 (f) Sewage from toilet facilities is not properly disposed or toilet and drinking water facilities are not provided. First Offense $250.00 Additional Offenses $500.00. (3) To have the amount of the imposed fine reduced up to one-half, the citation recipient must submit physical proof to the department’s county health department director, administrator, or other authorized staff that the violation was corrected within 48 hours from the time of the citation. In determining whether to reduce or waive the fine, the department shall give due consideration to such factors as the gravity of the violation, the good faith in correcting the violation demonstrated by the person who has allegedly committed the violation, and the person’s history of previous violations, including violations for which enforcement actions were taken under this section or other provisions of state law. (4) The citation recipient may request an administrative hearing within 21 days of the date of receipt of the citation by following 4.C.f Packet Pg. 282 At t a c h m e n t 4 . C . f : 6 4 E - 1 4 , F l o r i d a A d m i n i s t r a t i v e C o d e ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) procedures listed on the citation DOH Form 4084. Rulemaking Authority 381.006, 381.0086 FS. Law Implemented 381.0086, 381.0087 FS. History–New 1-1-77, Amended 10-7-84, Formerly10D- 25.71, Amended 8-6-92, 11-17-94, Formerly 10D-25.071, Amended 9-12-99, 9-30-08. 64E-14.021 Responsibility of Operator and Owners. (1) The operator and owner shall be responsible for complying with all statutory requirements and rules issued thereunder relating to migrant labor camps and residential migrant housing. Migrant housing owners or operators who have established rules for access and visitation shall provide a copy of those rules to the county health department. The county health department shall maintain on file a copy of the access and visitation rules provided by the housing management. (2) The entire premises of a migrant labor camp and residential migrant housing shall be free from rubbish, waste paper, garbage and other litter. When migrant farmworker housing is closed for the season, all garbage, litter and debris shall be removed from the site. (3) The owner, operator or his agent shall inspect daily or provide a competent individual to inspect daily the grounds and common-use areas including toilets, showers, laundries, mess halls, dormitories, kitchens or any facilities relating to the operation of the facility and ensure that each is maintained in a clean, satisfactory operating condition and kept in good repair. Rulemaking Authority 381.006, 381.0086 FS. Law Implemented 381.0086, 381.0087 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D- 25.72, Amended 8-6-92, 11-17-94, Formerly 10D-25.072, Amended 9-12-99, 9-30-08. 64E-14.022 Supervision. Facilities occupied by 50 or more persons shall be supervised by a resident supervisor who may be the operator or the operator's agent or employee. All persons designated as camp supervisors shall be jointly responsible with the camp operator for the maintenance of the facility. The name, telephone number, address or instructions on how to locate the operator and supervisor shall be kept posted in a prominent and conspicuous location in the camp at all times. A telephone easily accessible to all occupants of the facility shall be maintained during periods of operation. Operable pay phones will meet this requirement. Rulemaking Authority 381.006(5), 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.73, Amended 8-6-92, 11-17-94, Formerly 10D-25.073. 64E-14.023 Enforcement. (1) Civil and Criminal Remedies. Any person who constructs, maintains, or operates a migrant labor camp or residential migrant housing without first obtaining a permit or who maintains or operates a facility after revocation of the permit is subject to the remedies and penalties described in Section 381.0012, 775.082, 775.083(1), (2), 381.0061, 381.0081(1)-(5) or 381.0087, F.S. This includes a third degree felony offense for operating migrant housing without a permit and in violation of the provisions of Personal Hygiene Facilities, Lighting, Sewage Disposal, or Garbage Disposal sections of this chapter. Migrant farmworker housing properties owned or operated by persons convicted of a third degree felony for non-compliance with the provisions listed in the previous sentence are subject to seizure by the department. Operators of migrant labor camps and residential migrant housing convicted of a misdemeanor for violation of this chapter or issued cease and desist orders through civil injunctive processes for violations of this chapter may have the permits revoked by the department. The department shall notify the operator in writing when such action is taken. Cease and desist complaints shall be filed simultaneously when a county public health unit director or administrator declares that a violation of this rule constitutes an immediate threat to the occupant’s or public’s health. (2) Any person who interferes with, hinders, or opposes any employee of the department in the discharge of his or her duties pursuant to the provisions of Chapter 381, 386, 513, or 514, F.S., or who impersonates an employee of the department, is guilty of a misdemeanor of the second degree, punishable as provided in Section 775.082 or 775.083, F.S. Rulemaking Authority 381.008-381.0086 FS. Law Implemented 381.0012, 381.0025, 381.0061, 381.0087 FS. History–New 1-1-77, Amended 10-7- 84, Formerly 10D-25.74, Amended 8-6-92, 11-17-94, Formerly 10D-25.074, Amended 9-30-08. 64E-14.024 Animal Health and Safety. 4.C.f Packet Pg. 283 At t a c h m e n t 4 . C . f : 6 4 E - 1 4 , F l o r i d a A d m i n i s t r a t i v e C o d e ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) (1) Animals requiring rabies vaccination under Section 828.30, F.S., must be vaccinated for rabies and their vaccinations must be current at the time of inspection. Proof of a current vaccination certificate shall be kept by the owner/operator of migrant labor camps or residential migrant housing and shall be made available to the department upon department request. (2) All animals must be kept free from disease and in good health or under treatment by a licensed veterinarian. (3) Aggressive, venomous, or potentially dangerous animals are not allowed in migrant labor camps or residential migrant housing units. Rulemaking Authority 381.006, 381.0086(1) FS. Law Implemented 381.0086(1) FS. History–New 9-30-08. 4.C.f Packet Pg. 284 At t a c h m e n t 4 . C . f : 6 4 E - 1 4 , F l o r i d a A d m i n i s t r a t i v e C o d e ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) Page 1 11.07.00. - CONDITIONAL USES 11.07.01. - General Provisions. A. Purpose. The purpose of this section is to provide for uses that are generally compatible with the use characteristics of a zoning district, but which require individual review of their location, design, intensity, configuration, and public facility impact in order to determine the appropriateness of the use on any particular site in the district and their compatibility with adjacent uses. Conditional uses may require the imposition of additional conditions to make the uses compatible in their specific contexts. B. Authority. The Board of County Commissioners may, in accordance with the procedures, standards, and limitations of this Code, grant conditional use permits for those uses enumerated in each of the zoning districts in Section 3.01.00 of this Code. C. Requirement for Four-Fifths Vote When Protest is Filed. In the case of a written protest against an application for a Conditional Use Permit, signed by the owners of fifty percent (50%) or more of the area within five hundred (500) feet of the property affected by the proposed action, such Conditional Use Permit shall not be approved except by the favorable vote of four-fifths (4/5) of all of the Board of County Commissioners. Publicly owned right-of-way, although included in calculating the distance of five hundred (500) feet referred to in the previous sentence, shall not be included in determining the total of the area lying within five hundred (500) feet of the property involved in such proposed permit application and the percentages referred to. 11.07.02. - Persons Entitled to Initiate Applications. An application for a conditional use may only be submitted by the owner or any other person having a contractual interest in the parcel of land proposed for conditional use. 11.07.03. - Standards for Review of Conditional Use Permits. A conditional use permit shall be granted only if the applicant demonstrates the following: A. Consistency With Local Code and Comprehensive Plan. The proposed conditional use is in compliance with all requirements, and is consistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County; and is in compliance with all additional standards imposed on it by the particular provisions of this Code authorizing such use. B. Effect on Adjacent Properties. 1. The proposed conditional use will not have an undue adverse effect upon nearby property. 2. The proposed conditional use is compatible with the existing or planned character of the neighborhood in which it would be located. 3. All reasonable steps have been taken to minimize any adverse effect of the proposed conditional use on the immediate vicinity through building design, site design, landscaping, and screening. 4. The proposed conditional use will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. C. Adequacy of Public Facilities. The proposed conditional use will be served by adequate public facilities and services, including roads, police protection, fire protection, solid waste disposal, water, sewer, drainage structures, parks and mass transit. D. Adequacy of Fire Protection. The applicant for the proposed conditional use has obtained from the St. Lucie County - Fort Pierce Fire Prevention Bureau written confirmation, or has otherwise demonstrated 4.C.g Packet Pg. 285 At t a c h m e n t 4 . C . g : C o n d i t i o n a l U s e C o d e ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) Page 2 by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. E. Environmental Impact. For developments required to provide an environmental impact report under Section 11.02.09(A)(5), the proposed conditional use will not contravene any applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc. (August 1982). 11.07.04. - Conditions on Conditional Use Permits. The Board of County Commissioners shall attach such conditions, limitations, and requirements to a conditional use permit as are necessary to effectuate the purposes of Section 11.07.01; to carry out the spirit and purpose of this Code and the St. Lucie County Comprehensive Plan; and to prevent or minimize adverse effects upon other property in the neighborhood, including but not limited to limitations on size, intensity of use, bulk and location, landscaping, lighting, the provision of adequate ingress and egress, duration of the permit, and hours of operation. Such conditions shall be set forth expressly in the resolution granting the conditional use permit. A. Traffic Control Devices. Whenever, as the result of traffic generated by a proposed conditional use, it is determined, based on the Manual on Uniform Traffic Control Devices, that there is a need to install traffic control devices (including traffic signals, signing, and pavement markings), the conditional use permit shall not be granted except upon the condition that the applicant be responsible for installing all said devices and signs, or making an equitable contribution toward such installation. B. Access Improvements. A conditional use permit shall not be granted except upon the condition that the applicant provide the access (ingress and egress) improvements determined to be necessary as a result of traffic generated by the development. C. Projects Requiring Other Regulatory Approval. 1. For proposed conditional uses requiring any permit from the United States Army Corps of Engineers, the Florida Department of Environmental Regulation, the Florida Department of Natural Resources, or any other state or federal regulatory authority, the Board of County Commissioners shall not grant unconditionally a conditional use permit until it has received from such agency notice of either issuance of or intent to issue the required regulatory permit. 2. The Board of County Commissioners may grant a conditional use permit contingent upon receiving notice of either issuance of or intent to issue any required regulatory permit if it can make, on a tentative basis and subject to confirmation, the findings required in Section 11.07.03(E). A conditional use permit granted contingent upon receiving notice of either issuance of or intent to issue any required regulatory permit shall not preclude the Board of County Commissioners, after reviewing the regulatory permit application and other information, from revoking such contingent grant of a conditional use permit based solely upon an inability to confirm the findings required in Section 11.07.03(E) or from protesting the regulatory permit application. D. Reduction In Maximum Residential Density. The Board of County Commissioners shall require a reduction from the maximum residential density permitted in the zoning district in which a conditional use is to be located when such allowable maximum residential density: 1. Would impose an excessive burden, as determined by recognized engineering or other professional standards, on public facilities that would serve the proposed conditional use; or 2. Would contravene any applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc. (August, 1982). 4.C.g Packet Pg. 286 At t a c h m e n t 4 . C . g : C o n d i t i o n a l U s e C o d e ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) Page 3 11.07.05. - Application Procedures. A. Pre-Application Conference. An application for conditional use is initiated by requesting in writing a pre-application conference with the Growth Management Director. The request shall include a description of the character, location and magnitude of the proposed conditional use, together with a proposed timetable for development. The purpose of this meeting is to acquaint the applicant with the requirements of this Code and the views and concerns of the County when positions are flexible. Within twenty (20) days of the request, the Growth Management Director shall schedule a pre-application conference with the applicant and other relevant County departments. B. Filing Application for Conditional Use Permit. 1. Filing. After the pre-application conference, an applicant for a conditional use permit shall submit an application to the Growth Management Director accompanied by a non-refundable fee as established from time to time by the Board of County Commissioners to defray the actual cost of processing the application. If, in accordance with Section 3.01.00, the specific conditional use applied for requires site plan approval, the applicant shall submit a site plan meeting the requirements of Section 11.03.00 of this Code. If, in accordance with Section 3.01.00, the specific conditional use applied for does not require site plan approval, the applicant shall submit a written statement of proposed use including, but not limited to, the nature of the use and the proposed improvements to the site. Conditional use applications shall include a site plan if the proposed use would be located in whole or in part in a one hundred (100) year floodplain or on North or South Hutchinson Island. Applications for conditional use approval shall include such other information or documentation as the Director deems necessary for the full and proper consideration and disposition of the application. 2. Review by Growth Management Director. a. Within twenty (20) days after an application for conditional use approval is submitted, the Growth Management Director shall determine whether the application is complete. If the Director determines that the application is not complete, he shall send a written statement specifying the deficiencies to the applicant by mail. The Director shall take no further action on the application unless the deficiencies are remedied. b. Within thirty (30) days after the Growth Management Director determines that an application for conditional use permit is complete, the Director shall review the application, make a report, and notify the Planning and Zoning Commission that the application is ready to review. C. Hearing and Action by Planning and Zoning Commission. 1. Hearing. Upon notification that the application for a conditional use permit is ready for review, the Planning and Zoning Commission shall place it on the next regularly scheduled agenda for public hearing in accordance with the provisions of Section 11.00.03. The public hearing held on the application for conditional use shall be in accordance with Section 11.00.04. 2. Review. In reviewing the conditional use application, the Planning and Zoning Commission shall consider the report of the Growth Management Director; shall determine whether the proposed use meets the standards in Sections 11.07.03, 11.07.04, and 3.01.00 for conditional uses; and shall determine whether the proposed use meets all other provisions of this Code, the St. Lucie County Comprehensive Plan, and any other applicable County Ordinance. The Planning and Zoning Commission may recommend certain conditions be met before approval of the application. 3. Recommendation. Within a reasonable time of the conclusion of the public hearing, not to exceed thirty (30) days, the Planning and Zoning Commission shall make a recommendation to approve, approve with conditions, or deny the application. D. Hearing and Action by Board of County Commissioners. 4.C.g Packet Pg. 287 At t a c h m e n t 4 . C . g : C o n d i t i o n a l U s e C o d e ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) Page 4 1. Hearing. Upon notification of the recommendation of the Planning and Zoning Commission, the Board of County Commissioners shall place the conditional use application on the next regularly scheduled agenda for a public hearing in accordance with the requirements of Section 11.00.03. The public hearing on the application shall be held in accordance with Section 11.00.04. 2. Review. In reviewing the application, the Board of County Commissioners shall consider the report of the Growth Management Director and the recommendation of the Planning and Zoning Commission; shall determine whether the proposed use meets the standards in Sections 11.07.03, 11.07.04, and 3.01.00 for conditional uses; and shall determine whether the proposed use meets all other provisions of this Code, the St. Lucie County Comprehensive Plan, and any other applicable County Ordinance. The Board may require certain conditions be met before approval of the application. 3. Action. Within a reasonable time of the conclusion of the public hearing, not to exceed thirty (30) days, the Board of County Commissioners shall approve, approve with conditions, or deny the application for conditional use permit in accordance with Section 11.00.04(E). The decision on the application shall be by resolution setting forth the findings of the Board of County Commissioners and any condition, limitation, or requirement of such decision. 4. Notice of Action. Notification of the Board of County Commissioners' decision shall be mailed to all parties, and the decision shall be filed with the Office of the Growth Management Director in accordance with Section 11.00.04(F). E. Development and Adjustment of an Approved or Existing Conditional Use. 1. Effect of Issuance of Conditional Use Permit. The issuance of a conditional use permit shall only constitute approval of the proposed use, and development of the use shall not be carried out until the applicant has secured all other permits and approvals required. 2. Adjustments to an Approved or Existing Conditional Use. Adjustments to a conditional use may be permitted as follows: a. Minor Adjustments - The Growth Management Director shall authorize minor adjustments to a conditional use. Such minor adjustments shall be consistent with the intent and purpose of the St. Lucie County Comprehensive Plan, this Code, the conditional use as approved or existing, and shall be the minimum necessary. Such minor adjustments shall be limited to the following: 1. altering the bulk of any one (1) structure by not more than twenty-five percent (25%); or, 2 altering the location of any one (1) structure or group of structures by not more than ten (10) feet; or, 3. altering the location of any circulation element by not more than ten (10) feet; or, 4. altering the location of any open space by not more than ten (10) feet; or, 5. reducing the total amount of open space by not more than five percent (5%) or reducing the yard area or open space associated with any single structure by not more than five percent (5%); or, 6. altering the location, type, or quality of landscaping elements; or, 7. change in project name or ownership of the property. Notice of the authorization of such minor adjustments shall be provided to the Board of County Commissioners. b. Major Adjustments in Substantial Conformity. 1. Any other adjustment to a conditional use shall be a major adjustment and shall be granted only upon application to and approval by the Board of County Commissioners, 4.C.g Packet Pg. 288 At t a c h m e n t 4 . C . g : C o n d i t i o n a l U s e C o d e ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) Page 5 which shall grant approval for such other adjustment after a public hearing upon finding that any proposed change in the conditional use as approved or existing will be in substantial conformity with the original approval or the existing conditional use. The Board of County Commissioners shall place the application for major adjustment on the agenda of a regularly scheduled meeting for a public hearing in accordance with the requirements of Section 11.00.03. The public hearing on the application shall be held in accordance with Section 11.00.04. 2. If the Board of County Commissioners determines that the major adjustment is not in substantial conformity with the original approval or the existing conditional use, then it shall deny the application for adjustment. Such denial shall not preclude development of an approved conditional use. 3. Inspections During Development of an Approved Conditional Use a. Inspections by Growth Management Director. Following approval of a conditional use, the Growth Management Director shall, at least annually until the completion of development, review all permits issued and construction undertaken and compare actual development with the approved conditional use and with the approved development schedule, if applicable. b. Action by Growth Management Director. If the Growth Management Director finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the approved conditional use, he shall notify the Board of County Commissioners of such fact and may, if he finds it necessary for the protection of the public health, safety, or welfare, take such necessary action to stop such non-compliance. c. Action by Board of County Commissioners. Within thirty (30) days following notification by the Growth Management Director, the Board of County Commissioners shall determine whether development of the conditional use is proceeding in accordance with the approved conditional use. If the Board of County Commissioners finds the development is not proceeding in accordance with the approved conditional use, it shall either revoke the permit or take the necessary action to compel compliance with the approved conditional use. 4. Inspections After Development. a. Inspection by Growth Management Director. Following completion of the development of a conditional use, the Growth Management Director shall review the development as completed and determine if it complies with the approved conditional use. b. Action by Growth Management Director. If the Growth Management Director finds that the development as completed fails in any respect to comply with the use as approved, he shall immediately notify the Board of County Commissioners of such fact. c. Action by Board of County Commissioners. Within thirty (30) days following notification by the Growth Management Director, the Board of County Commissioners shall determine whether the completed conditional use fails in any respect to follow the approved conditional use permit. If the Board of County Commissioners finds the completed conditional use fails in any respect to follow the approved conditional use, it shall either revoke the permit or take the necessary action to compel compliance with the conditional use. F. Extensions of Conditional Use Permits. The time limitations imposed on a conditional use permit by Section 11.07.05(I) may be extended by the Board of County Commissioners not more than one (1) time, and for not more than twenty-four (24) months, upon application by the applicant and after a public hearing held in accordance with Section 11.00.04. 4.C.g Packet Pg. 289 At t a c h m e n t 4 . C . g : C o n d i t i o n a l U s e C o d e ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) Page 6 G. Existing Conditional Uses. A legally conforming use that exists on the effective date of this Code and that is permitted as a conditional use in a zoning district in Section 3.01.03 of this Code shall not be deemed a nonconforming use in that district, but shall without further action be considered a conforming use. A use existing prior to its present classification by this Code as a conditional use may change in use or in lot area or may alter a structure only if the change or alteration conforms with the requirements of Sections 11.07.05(E) and 3.01.03 for conditional uses. Such change or alteration may be accomplished only pursuant to the standards and procedures established for the adjustment of a conditional use as set forth in Section 11.07.05(E). H. Revocation of Conditional Use Permit. In addition to any other penalty and remedy for violation of this Code, it shall be a condition of every conditional use approval that such approval may be revoked for: (1) Violation of any condition imposed upon such approval, and (2) Upon complaint and proof of adverse effect on adjacent properties. The permit may be revoked only after the Board of County Commissioners holds a public hearing in accordance with Section 11.00.04 unless the permittee consents to a revocation of the permit. If the permittee provides written consent to the revocation to the Growth Management Director, the Director shall revoke the permit and notify the Board of County Commissioners of the revocation. I. Expiration of Conditional Use Permit. A conditional use permit shall be valid for the purposes of securing a Building Permit or Certificate of Zoning Compliance for twelve (12) months from the date of approval. Unless a Building Permit or Certificate of Zoning Compliance is secured within twelve (12) months, and construction subsequently undertaken pursuant to such Building Permit, the conditional use permit shall automatically expire unless the permit is extended upon application to the Board of County Commissioners in accordance with Section 11.00.04. J. Limitations on Approval for Conditional Uses. A conditional use permit shall be deemed to authorize only the particular use for which it was issued and shall automatically expire and cease to be of any force or effect if such use shall, for any reason, be discontinued for a period of twelve (12) consecutive months. 4.C.g Packet Pg. 290 At t a c h m e n t 4 . C . g : C o n d i t i o n a l U s e C o d e ( 4 1 3 5 : F a r m w o r k e r H o u s i n g L D C T e x t A m e n d m e n t ) ITEM NO. (ID # 4147) DATE: 02/16/2017 AGENDA REQUEST *PUBLIC HEARINGS BACKGROUND: Attached is a copy of a draft Ordinance which, if adopted, would amend Article III of Chapter 24 (Fire/EMS Protection Impact Fee) of the St. Lucie County Code and Compiled Laws by amending Section 24-55 Computation of the Amount of Fire/EMS Protection Impact Fees, to provide for changes in the amount of the impact fee based on an October 4, 2016 study performed by Dr. James C. Nicholas. A copy of Dr. Nicholas' report Is attached. Notice of the February 16, 2017 public hearing was published in The News Tribune on February 6, 2017. PREVIOUS ACTION: The St. Lucie County Fire District entered into an agreement with Dr. James C. Nichols to conduct a technical study concerning amendment of the existing Fire/EMS Protection impact fees. On October 4, 2016, Dr. Nicholas issued his report. On October 19, 2016, the Fire Board of Commissioners of the St. Lucie County Fire District adopted SLCFD Resolution No. 628-16 recommending that the Board of County Commissioners take actions necessary to amend the Fire/EMS Protection impact fee. A copy of the resolution is attached. On November 15, 2016, the Board of County Commissioners granted permission to advertise the proposed ordinance for public hearing. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Local Planning Agency/Planning and Zoning Commission forward the proposed ordinance to the Board of County Commissioners with a recommendation of adoption. COMMISSION ACTION: TO: St. Lucie County Planning & Zoning Commission PRESENTED BY: Heather Young, Asst. County Attorney SUBMITTED BY: County Attorney SUBJECT: Ordinance - Amending Article III of Chapter 24 (Fire/EMS Protection Impact Fees) 4.D Packet Pg. 291 Updated: 2/7/2017 12:57 PM by Heather Young Page 2 Coordination/Signatures 4.D Packet Pg. 292 -1- ORDINANCE NO. 17-XXX AN ORDINANCE AMENDING ARTICLE III, CHAPTER 24, FIRE/EMS PROTECTION IMPACT FEE, ST. LUCIE COUNTY CODE AND COMPILED LAWS BY AMENDING SECTION 24-55, COMPUTATION OF THE AMOUNT OF FIRE/EMS PROTECTION IMPACT FEE TO INCREASE THE FEE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND THE DEPARTMENT OF REVENUE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: 1. The St. Lucie County Comprehensive Plan establishes that land development shall not be permitted unless adequate capital facilities exist or are assured; and 2. The St. Lucie County Comprehensive Plan establishes that and development shall bear a proportionate share of the cost of the provision of the new or expanded capital facilities required by such development; and 3. Policy 11.1.2.4 of the St. Lucie County Comprehensive Plan and recognizes the obligation of future development in the community to be responsible for paying 100% of its capital facility/improvement impacts; and 4. The Florida Legislature through the enactment of Sections 163.31801, 163.3202(3) and 191.006, Florida Statutes, has sought to encourage local governments to enact impact fees and land development regulations; and 5. The St. Lucie County Fire District has requested the Board of County Commissioners to adopt a Fire/EMS Protection Impact Fee to be paid by new development and to be earmarked for Fire/EMS Protection Capital Improvements; and 6. The St. Lucie County Fire District has determined the property tax revenue generated by new development has not been adequate to support the Fire/EMS Protection Facilities necessary to ensure that current Fire/EMS facilities levels of service can be provided concurrent with the occupancy of the new development; and 7. On __________________ _____, 2017, the Local Planning Agency/St. Lucie County Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing two notices in the News Tribune at least ten (10) days prior to the hearing and 4.D.a Packet Pg. 293 At t a c h m e n t 4 . D . a : O r d i n a n c e - F i r e / E M S P r o t e c t i o n I m p a c t F e e ( 4 1 4 7 : O r d i n a n c e - A m e n d i n g A r t i c l e I I I o f C h a p t e r 2 4 ( F i r e / E M S P r o t e c t i o n -2- recommended that the proposed ordinance be adopted as drafted; and 8. On ___________________ ____, 2017, this Board held its first public hearing on the proposed ordinance after publishing a notice of such hearing in the News Tribune on __________________ ____, 2017; and 9. On ___________________ ____, 2017, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the News Tribune on __________________ ____, 2017. 10. The Board of County Commissioners has reviewed and accepted a Technical Memorandum on an Update of Fire/EMS Protection Impact Fee for St. Lucie County, dated October 4, 2016, prepared by James C. Nicholas. 11. The proposed amendments to the Fire/EMS Protection Impact Fee are onsistent 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. NOW, THEREFORE, be it ordained by the Board of County Commissioners of St. Lucie County, Florida: PART A. ARTICLE III “FIRE/EMS PROTECTION IMPACT FEE” OF CHAPTER 24 (IMPACT FEES) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS AMENDED AS FOLLOWS: ARTICLE III FIRE/EMS PROTECTION IMPACT FEE Section 24-55. Computation of the Amount of Fire/EMS Protection Impact Fees. A. At the option of the feepayer, the amount of the fee may be determined by the following fee schedule: FIRE/EMS PROTECTION IMPACT FEE COUNTYWIDE ASSESSMENT LAND USE TYPE UNIT OF MEASURE IMPACT FEE Fee as of Fee as of 02/01/06 05/01/17 RESIDENTIAL Single Family PER UNIT $478 $617 4.D.a Packet Pg. 294 At t a c h m e n t 4 . D . a : O r d i n a n c e - F i r e / E M S P r o t e c t i o n I m p a c t F e e ( 4 1 4 7 : O r d i n a n c e - A m e n d i n g A r t i c l e I I I o f C h a p t e r 2 4 ( F i r e / E M S P r o t e c t i o n -3- LAND USE TYPE UNIT OF MEASURE IMPACT FEE Fee as of Fee as of 02/01/06 05/01/17 Mobile Home/RV (MHP/RV Park Only) PER UNIT $ 97 $267 Multi-Family (All Types) 1 & 2 Story PER UNIT $ 97 $402 Multi-Family 3+ Stories PER UNIT $223 $724 Hotel/Motel PER ROOM $223 $639 Bed & Breakfast (Does not include the primary residence. Single family unit fee must also be assessed For the residential portion of use) PER ROOM $223 $639 All other residential PER UNIT $478 $617 OFFICE & FINANCIAL Medical Office PER 1000 FT2 $282 $618 Other Office PER 1000 FT2 $282 $618 RETAIL TRADE Under 100,000 FT2 PER 1000 FT2 $443 $496 100,000-499,000 FT2 PER 1000 FT2 $443 $496 500,000 FT2 and over PER 1000 FT2 $443 $496 GASOLINE SERVICES Service Station PER 1000 FT2 $1,465 $319 INDUSTRIAL Warehouse PER 1000 FT2 $ 64 $ 50 Truck Terminal PER 1000 FT2 $ 64 $ 70 General Industrial PER 1000 FT2 $ 64 $ 70 INSTITUTIONAL School-Elementary PER 1000 FT2 $426 $537 School-Middle/High PER 1000 FT2 $426 $537 Day Care Center PER 1000 FT2 $426 $537 Fraternal Organization PER 1000 FT2 $426 $537 Hospital PER 1000 FT2 $426 $537 Nursing Home PER BED $1,055 $ 0 Library PER 1000 FT2 $426 $537 4.D.a Packet Pg. 295 At t a c h m e n t 4 . D . a : O r d i n a n c e - F i r e / E M S P r o t e c t i o n I m p a c t F e e ( 4 1 4 7 : O r d i n a n c e - A m e n d i n g A r t i c l e I I I o f C h a p t e r 2 4 ( F i r e / E M S P r o t e c t i o n -4- LAND USE TYPE UNIT OF MEASURE IMPACT FEE Fee as of Fee as of 02/01/06 05/01/17 RECREATIONAL Park (City/County/State) Public PER ACRE $ 40 $510 Recreation Facility – All Types PER 1000 FT2 $ 40 $510 Golf Course PER ACRE $ 40 $510 Movie Theater PER 1000 FT2 $443 $510 NOTE: The fee schedule shown in this Table is subject to annual revision based upon the provisions of Section 1-7.9-17 24-66 of this Article. If the type of development activity for which a building permit, electrical permit for a mobile home park or recreational vehicle park is applied for is not specified on the above fee schedule, the County Administrator shall use the fee applicable to the most nearly comparable type of land use on the above fee schedule. B. If the person applying for the issuance of a building permit or electrical permit for a mobile home park or recreational vehicle park may, at his option, submit evidence to the County Administrator indicating that the fees set out in Paragraph A above are not appropriate for his particular development. Based upon convincing and competent evidence, the County Administrator may adjust the fee to that appropriate for the particular development. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County. County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affects its applicability to any other person, property or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County’s jurisdiction, including the incorporated area even in the absence of Interlocal agreements with the affected 4.D.a Packet Pg. 296 At t a c h m e n t 4 . D . a : O r d i n a n c e - F i r e / E M S P r o t e c t i o n I m p a c t F e e ( 4 1 4 7 : O r d i n a n c e - A m e n d i n g A r t i c l e I I I o f C h a p t e r 2 4 ( F i r e / E M S P r o t e c t i o n -5- municipalities. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART F. EFFECTIVE DATE; TERMINATION. This ordinance shall take effect July 1, 2017. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Commissioner Chris Dzadovsky, Chairman XX Commissioner Tod Mowery, Vice Chairman XX Commissioner Linda Bartz XX Commissioner Frannie Hutchinson XX Commissioner Cathy Townsend XX PART I. CODIFICATION. Provisions of this ordinance shall be incorporated in the County Code and the word “ordinance” may be changed to “section”, “article” or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B to I shall not be codified. PASSED AND DULY ADOPTED this ______ day of _______________________ 2017. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA __________________________ BY: ________________________________ Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: ________________________________ County Attorney 4.D.a Packet Pg. 297 At t a c h m e n t 4 . D . a : O r d i n a n c e - F i r e / E M S P r o t e c t i o n I m p a c t F e e ( 4 1 4 7 : O r d i n a n c e - A m e n d i n g A r t i c l e I I I o f C h a p t e r 2 4 ( F i r e / E M S P r o t e c t i o n 4.D.b Packet Pg. 298 At t a c h m e n t 4 . D . b : F i r e D i s t r i c t . I m p a c t F e e s R e s o l u t i o n ( 4 1 4 7 : O r d i n a n c e - A m e n d i n g A r t i c l e I I I o f C h a p t e r 2 4 ( F i r e / E M S P r o t e c t i o n I m p a c t F e e s ) ) 4.D.b Packet Pg. 299 At t a c h m e n t 4 . D . b : F i r e D i s t r i c t . I m p a c t F e e s R e s o l u t i o n ( 4 1 4 7 : O r d i n a n c e - A m e n d i n g A r t i c l e I I I o f C h a p t e r 2 4 ( F i r e / E M S P r o t e c t i o n I m p a c t F e e s ) ) 4.D.b Packet Pg. 300 At t a c h m e n t 4 . D . b : F i r e D i s t r i c t . I m p a c t F e e s R e s o l u t i o n ( 4 1 4 7 : O r d i n a n c e - A m e n d i n g A r t i c l e I I I o f C h a p t e r 2 4 ( F i r e / E M S P r o t e c t i o n I m p a c t F e e s ) ) 4.D.b Packet Pg. 301 At t a c h m e n t 4 . D . b : F i r e D i s t r i c t . I m p a c t F e e s R e s o l u t i o n ( 4 1 4 7 : O r d i n a n c e - A m e n d i n g A r t i c l e I I I o f C h a p t e r 2 4 ( F i r e / E M S P r o t e c t i o n I m p a c t F e e s ) ) 4.D.b Packet Pg. 302 At t a c h m e n t 4 . D . b : F i r e D i s t r i c t . I m p a c t F e e s R e s o l u t i o n ( 4 1 4 7 : O r d i n a n c e - A m e n d i n g A r t i c l e I I I o f C h a p t e r 2 4 ( F i r e / E M S P r o t e c t i o n I m p a c t F e e s ) ) 4.D.b Packet Pg. 303 At t a c h m e n t 4 . D . b : F i r e D i s t r i c t . I m p a c t F e e s R e s o l u t i o n ( 4 1 4 7 : O r d i n a n c e - A m e n d i n g A r t i c l e I I I o f C h a p t e r 2 4 ( F i r e / E M S P r o t e c t i o n I m p a c t F e e s ) ) 4.D.b Packet Pg. 304 At t a c h m e n t 4 . D . b : F i r e D i s t r i c t . I m p a c t F e e s R e s o l u t i o n ( 4 1 4 7 : O r d i n a n c e - A m e n d i n g A r t i c l e I I I o f C h a p t e r 2 4 ( F i r e / E M S P r o t e c t i o n I m p a c t F e e s ) ) 4.D.b Packet Pg. 305 At t a c h m e n t 4 . D . b : F i r e D i s t r i c t . I m p a c t F e e s R e s o l u t i o n ( 4 1 4 7 : O r d i n a n c e - A m e n d i n g A r t i c l e I I I o f C h a p t e r 2 4 ( F i r e / E M S P r o t e c t i o n I m p a c t F e e s ) ) 4.D.b Packet Pg. 306 At t a c h m e n t 4 . D . b : F i r e D i s t r i c t . I m p a c t F e e s R e s o l u t i o n ( 4 1 4 7 : O r d i n a n c e - A m e n d i n g A r t i c l e I I I o f C h a p t e r 2 4 ( F i r e / E M S P r o t e c t i o n I m p a c t F e e s ) ) Update of the St. Lucie County Fire and Rescue Impact Fee Prepared for the St. Lucie County Fire District go James C. Nicholas October 4, 2016 4.D.c Packet Pg. 307 At t a c h m e n t 4 . D . c : D r . J a m e s N i c h o l a s F i r e / E M S P r o t e c t i o n I m p a c t F e e R e p o r t ( 4 1 4 7 : O r d i n a n c e - A m e n d i n g A r t i c l e I I I o f C h a p t e r 2 4 ( F i r e / E M S St Lucie County has been collecting fire & emergency medical impact fees since 2000. These fees were last updated in 2005. These fire and ems fees have been annually adjusted by the Consumers' Price Index to Keep them current. The growth of the County population and calls for service are shown in Table VI -1. The calls by 1,000 population has also increased, reflecting aging of the population in addition to the evolution of the public's expectations. In St. Lucie County fire and rescue services are provided by a special district, the St. Lucie County Fire District. This taxing district provides service to both the unincorporated and incorporated areas of the County. TABLE VI -1 GROWTH OF CALLS FOR SERVICE ST LUCIE COUNTY YEAR POPULATION CALLS FOR SERVICE CALLS PER 1,000 POPULATION 1992 159.302 16,709 104.9 1993 163,831 18,259 111.5 1994 167,833 18,916 112.7 1995 172,212 20,394 118.4 1996 176,272 20,753 117.7 1997 180,338 21,877 121.3 1998 184,242 23,013 124.9 1999 188,327 23,965 127.3 2000 192,695 27,365 142.0 2001 198,253 27,844 140.4 2002 203,360 28,620 140.7 2003 211,898 30,423 143.6 20D4 226,210 34,580 152.9 2005 240,039 34,115 142.1 2006 259,315 34,991 134.9 2007 271,961 36,116 132.8 2008 276,585 36,992 133.7 2009 272,864 38,192 140.0 2010 272,782 38,432 140.9 2011 279,696 38,652 138.2 2012 280,356 40,758 145.4 2013 281,151 43,458 154.6 302,918 45,721 150.9M2014 313,077 48,042 153.4 2 4.D.c Packet Pg. 308 At t a c h m e n t 4 . D . c : D r . J a m e s N i c h o l a s F i r e / E M S P r o t e c t i o n I m p a c t F e e R e p o r t ( 4 1 4 7 : O r d i n a n c e - A m e n d i n g A r t i c l e I I I o f C h a p t e r 2 4 ( F i r e / E M S Table IV -2 sets out the firelrescue parameters used in establishing the nexus between growth and the need for additional fire and erns facilities. Table VI -3 3 shows the fire and ems needs and costs by land use type. The impact cost of fire/rescue protection is determined based upon the expected calls for service per unit per year. These call generation rates are based upon a statistical review of fire/rescue calls and are set ouf in St Lucie County Fire/EMS Calls for Service Study," June 2016. TABLE VI -2 FIREIRESCUE CALLS FOR SERVICE ST LUCIE COUNTY SOURCE OF FIRE/RESCUE CALLS: LAND USE CALLS PER UNIT Single Family Detached 0.2946 Multi -Family 1 & 2 Story 0.1920 Multi -Family 3 + Stories 0.3458 Mobile Home 0,1272 Hotef/Motel per 1,000 FTZ 0.3052 Retail per 1,000 FTZ 0.2367 Office per 1,000 F7 0.2948 Storage per 1,000 FTZ 0.0240 Industry per 1,000 FTZ 0.0336 Service Station per 1,000 FP 0.1520 Parks & Recreation per 1,000 FT 0.2435 Instructional per 1,000 FTZ 0.2563 Nursing Home1ACLF 0.0000 SOURCE: St Lucie County Fire District, St Lucie County Property Appraiser, Bureau of the Census, American Community Survey, and Univ. of Florida, GeoPlan Center. 3 4.D.c Packet Pg. 309 At t a c h m e n t 4 . D . c : D r . J a m e s N i c h o l a s F i r e / E M S P r o t e c t i o n I m p a c t F e e R e p o r t ( 4 1 4 7 : O r d i n a n c e - A m e n d i n g A r t i c l e I I I o f C h a p t e r 2 4 ( F i r e / E M S Table VI -3 FIREIRESCUE PARAMETERS 5T LUCIE COUNTY FIRE DISTRICT INVENTORY OF FACILITIES: No. UNIT COST CAPITAL VALUE Administrative Building 1 7,245,900 7,245,900 Stations 17 2,500,000 42,500,000 Land - Reserve Commerce Park" 1 270,000 270,000 Land - Rhode Island 1 1,900,000 1,900,000 Land - Other Stations *" 14 1,085,000 15,190,000 Training Fire Station 1 1,500,000 1,500,000 Engines 19 572,000 10,868,000 Rescues 26 311,000 8,086,000 Quints 8 872,000 6,976,000 Ladders 1 1,150,000 1,150,000 Brush Trucks 14 120,000 1,680,000 Squad Trucks 2 600,000 1,200,000 Cascade Truck 1 450,000 450,000 ARFF Unit 1 1,000,000 1,000,000 Marine Unit 1 40,000 40,000 Command Bus 1 200,000 200,000 Battalion Trucks 4 40,000 160,000 FTO Trucks 5 40,000 200,000 Fire Prevention Truck 8 40,000 320,000 Training Trucks 3 40,000 120,000 Administration Vehicles 12 40,000 480,000 Logistics Van 1 25,000 25,000 Bucket Truck 1 150,000 150,000 IT/Sho /Maint 7 40,000 280,000 Tankers 4 270,000 1,080,000 Fire/Rescue Capital Investments 103,070,900 Population Served 294,511 Total Capital Cost Per Capita 349.97 Total Calls for Service 48,042 Total Capital Cost Per Call 2,145 Outstanding Debt 2,426,108 Citizen's Equity- 100,644,792 Population Served 294,511 Net Capital Cost per Capita 341.74 Total Calls for Service 48,042 Net Ca ital Cost per Call 2,094.93 SOURCE: St. Lucie County Fire District, March 2016. Appraisals of land by Mahoney & Associates, April 2009. Estimated based on appraisals of other District land. NOTE: Capital cost per call is used to establish the Fire/Rescue impact fee. 4.D.c Packet Pg. 310 At t a c h m e n t 4 . D . c : D r . J a m e s N i c h o l a s F i r e / E M S P r o t e c t i o n I m p a c t F e e R e p o r t ( 4 1 4 7 : O r d i n a n c e - A m e n d i n g A r t i c l e I I I o f C h a p t e r 2 4 ( F i r e / E M S TABLE VI -4 FIRE PROTECTION NEEDS AND COSTS BY LAND USE TYPE ST LUCIE COUNTY FIRE DISTRICT LAND USE TYPE (UNIT) CALLS FOR SERVICE COST PER UNIT CREDITS NET COST Sing] Family 0.2946 632.13 14.88 617.25 Mobile Horne/Rec. Vehicle 0.1272 273.01 6.43 266.58 Multi -Family 1 & 2 Story 0.1920 419.92 9.70 402.23 Multi -Family 3 + Stones 0.3458 741.91 17.46 724.45 Hotel/Motel - Room 0.3052 654.89 15.42 639.48 Bed & Breakfast - Room 0.3052 654.89 15.42$639.48 All Other Residential 0.2946 63213 14.88 617.25 OFFICE AND FINANCIAL PER 1,000 FT2: General Office 0.2948 632.49 14.89 617.60 Medical Office 0.2948 632.49 14.89 617.60 RETAIL PER 1,000 FT2: Under 100,000 FT2 0.2367 507.87 11.95 495.91 100,000-499,999 FT 0.2367 507.87 11.95 495.91 500,000 & Over 0.2367 507.87 11.95 495.91 GASOLINE SERVICES: Service Station per 1,000 FTz 0.1520 326.18 7.68 316.50 INDUSTRIAL PER 1,000 FT2: Warehouse 0.0240 51.45 1.21 50.24 Truck Terminal 0.0336 72.05 1.70 70.35 General Industrial 0.0336 72.05 1.70 70.35 INSTITUTIONAL: School - Elem. Per 1,000 FT2 0.2563 549.92 12.94 536.98 School - Middle/High Per 1,000 FT2 0.2563 549.92 12.94 536,98 Day Care Per 1,000 FT2 0.2563 549.92 12.94 536.98 Fraternal Or . Per 1,000 FT2 0.2563 549.92 12.94 536.98 Hospital Per 1,000 FT 0.2563 549.92 12.94 536.98 Nursing Home 0.0000 0.00 0.00 0.00 Library Per 1,000 FT2 0.2563 549.92 12.94 536.98 RECREATIONAL: Park Public Per Acre 0.2435 522.39 12.30 510.10 Recreation Facility all Per 1,000 FT2 0.2435 522.39 12.30 510.10 Golf Course Per Acre 0.2435 522.39 12.30 510.10 Movie Theatres per 1,000 FT 0.2435 522.39 12.30 510.10 4.D.c Packet Pg. 311 At t a c h m e n t 4 . D . c : D r . J a m e s N i c h o l a s F i r e / E M S P r o t e c t i o n I m p a c t F e e R e p o r t ( 4 1 4 7 : O r d i n a n c e - A m e n d i n g A r t i c l e I I I o f C h a p t e r 2 4 ( F i r e / E M S TABLE V1-5 CHANGES IN FIREIE;MS IMPACT FEES ST LUCIE COUNTY LAND USE TYPE (UNIT) Existing Fee Revised Fee Change Single Famil 565 6171 9.2% Mobile Home/Rec. Vehicle 116 267 129.8% Multi -Family 1 & 2 Story 115 402 249.8% Multi -Family 3 + Stories 115 724 530.0% Hotel/Motel - Room 264 639 142.2% Bed & Breakfast - Room 265 639 141.3% All Other Residential 565 617 920/. OFFICE AND FINANCIAL PER 1,000 FTI: General Office 334 618[:::84.9°/fl Medical Office 334 618 84.9% RETAIL PER 1,000 FTI: Under 100,000 FT' 524 496 5.4% 100,000-499,999 FT2 524 496 5.4% 500,000 & Over 524 1 496 5.4% GASOLINE SERVICES: Service Station er 1,000 FT2 1,735 319 81.6% INDUSTRIAL PER 1,000 FT2: Warehouse 75 50 33.00/. Truck Terminal 75 70 6.2% General Industrial 75 70 6.2% INSTITUTIONAL: School - Elem. Per 1,000 FTI 504 537 6.5% School - Middle/High Per 1,000 FT2 504 537 6.5% Day Care Per 1,000 FTI 504 537 6.5% Fraternal Org. Per 1,000 FTI 504 537 6.5% Hospital Per 1,000 FT2 504 537 6.5% Nursing Home Per Bed 1,250 0 100% Library Per 1,000 FTI 504 537 6.5% RECREATIONAL: Park Public Per Acre 48 510 962.7% Recreation Facility all Per 1,000 FT2 48 510 962.7% Golf Course Per Acre 48 510 962.7% Movie Theatres Per 1,000 FTI 525 510 2.8% 4.D.c Packet Pg. 312 At t a c h m e n t 4 . D . c : D r . J a m e s N i c h o l a s F i r e / E M S P r o t e c t i o n I m p a c t F e e R e p o r t ( 4 1 4 7 : O r d i n a n c e - A m e n d i n g A r t i c l e I I I o f C h a p t e r 2 4 ( F i r e / E M S TABLE Vi -5 OTHER FIREIEMS IMPACT FFFS Alachua Count 152 Brevard Count 93 Citrus Count 393 Collier County 1,200 Miami/Dade Count 704 Hillsborough Count 49 Indian River Count 278 Lake Count 390 Lee Count 524 Levy Count 53 Manatee Count 304 Martin Count 355 Oran a Count 167 Palm Beach Count 528 St Johns County 657 St Lucie Count(Existing) 565 Sarasota Count 339 Seminole Count 472 Sumter Count 397 Average 385 Median 355 St Lucie Revised 617 SOYRCE: Duncan & Associates, www.impactfees.com. 4.D.c Packet Pg. 313 At t a c h m e n t 4 . D . c : D r . J a m e s N i c h o l a s F i r e / E M S P r o t e c t i o n I m p a c t F e e R e p o r t ( 4 1 4 7 : O r d i n a n c e - A m e n d i n g A r t i c l e I I I o f C h a p t e r 2 4 ( F i r e / E M S 4.D.d Packet Pg. 314 At t a c h m e n t 4 . D . d : A D 2 - 6 - 1 7 ( 4 1 4 7 : O r d i n a n c e - A m e n d i n g A r t i c l e I I I o f C h a p t e r 2 4 ( F i r e / E M S P r o t e c t i o n I m p a c t F e e s ) )