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HomeMy WebLinkAboutAgenda Packet 01-18-05 '-' ""'" BOARD OF COUNTY COMMI"IONBR, ADDIIION, AGBNDA JANUARY '8, 2004 REGULAR AGENDA RAt ADMINISTRATION Resolution No. 05-040 - Extension of the Maturity Date of the County's Improvement Revenue Note, Series 2004 (Land Acquisition) - Consider staff recommendation to approve Resolution No. 05-040-as drafted. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the 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 Community Services Manager at (jT2) 462- 1m or TDD (jT2) 462-1428 at least forty-eight (48) hours prior to the meeting. '-' "wi ,ANUARY II, 2005 ..00 PM BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS - These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asbs anyone wishing to speab to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will asb for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speabing clearly into the microphone. If you have bacbup material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional worbshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these worbshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS www.co.st-Iucie.fl.us '-' F.annle HU'chlnson, Chal.man Doug Cowa.eI, Vice Chal.man 'oseph E. Sml'h Paula A. Lewb Ch... C.a" D....lct NO.4 D....lct NO.2 Db..lct No. I Db..lct No. I Db..lct NO.5 'anua., II, 2005 ..00 P.M. Invoca'lon Pleelge of Allegiance I. MINUTES Approve the minutes of the meeting held on January 11, 2005. 2. PROCLAMATIONS/PRESENTATIONS Reading of the announcements by the County Administrator Ie GENERAL PUBLIC COMMENT 4. CONSENT AGENDA ~~~L:-~~ìkf:'¡'~::V~-:- ì-~(r:~jii r _~ JfJJ"-.ri =_ ~ 'f ì[T':i::: _::-~'i;i2ljiõiiT 1 -~i~_T'Ìfr:inILiIìIf.';' PUBLIC HEARINGS ~~ICWORK' Grey Twig Lane M.S.B.U. - Second Public Hearing - Portable Water Improvements - PSL Utilities - Consider staff recommendation that the Board adopt Resolution No. 05-007 to levy a non-ad valorem special assessment on the Grey Twig Lane M.S.B.U.; approve the attached preliminary assessment roll; approve funding the project through the In-House Revolving Loan Fund, and authorize staff to proceed with . /onstruction of the project. ~. ~UBLIC WORKS Environmental Resources Division - Consider Draft Ordinance 05-007 (formally bnown as 04-008), amending j). .¢....t;I:te-$( Lucie County Land Development Code by amending Chapter 6.00.00 Vegetation Protection and 1// ¡1VI Preservation to provide for a series of general amendments updating, clarifying, and amending the County's -/ Vegetation Protection and Preservation Standards and regulations; and amending Section 11.05.06 Vegetation Removal Permits to provide for clarification of the procedures in regard to the issuance of a Vegetation Removal Permit. Consider staff recommendation to approve Draft Ordinance No. 05-007. ~~ GROWTH MANAGEMENT Consider Draft Resolution 05-009 approving the petition of Covenant Investment Properties, LLC (Laura R. Sivalia, Agent), Change in Zoning from the CN (Commercial Neighborhood) Zoning District to the CO (Commercial Office) Zoning District for property located a 1205 West Midway Road, (South side of West Midway Road between Sunrise Blvd and the North Forb of the St. Lucie River). - Consider staff recommendation to approve Draft Resolution 05-009. Re.ul.. A.encl. '-' "wi ,.nu.., II, 2005 P..eTwo SDV GROWTH MANAGEMENT V _ Application of Lennar Homes, Inc. for Preliminary Planned Unit Development approval for the project bnown as Bent Creeb - Consider staff recommendation to approve Draft Resolution 04-221 which would grant Preliminary PUD approval to the Bent Creeb project as amended. J GROWTH MANAGEMENT Consider Draft Resolution 05-008 granting Preliminary and Final Planned Unit Development Approval and Change in Zoning from the RS-3 (Residential, Single-Family - 3 du/acre) and RM-5 (Residential, Multiple- Family - 5 du/acre) Zoning Districts to the PUD (Planned Unit Development - Celebration POinte) Zoning District for the project to be bnown as Celebration Pointe - PUD, for property located at the southwest corner of the intersection of North Jenbins Road and Peterson Road. - Consider staff recommendation to approve Draft Resolution 05-008 approving Preliminary and Final Planned Unit Development Approval and a Change in Zoning from the RS-3 (Residential, Single-Family - 3 du/acre) and RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning Districts to the PUD (Planned Unit Development - Celebration POinte) Zoning District and the conditions contained therein. END OF PUBLIC HEARINGS . ....'iïi..¡¡¡¡"õii' j¡¡¡ ¡¡¡¡ii, ;"f'i'ij ]Jìiii¡¡ i . 1 ïn¡,¡¡'fw""'~'~: 'j ¡,iji¡iiuD1n'iJi¡ii:T¡:]¡¡ii¡¡¡¡¡¡¡ijìii\iííiííi,¡¡ ~. PUBLIC WORKS Labewood Parb Stormwater Design of Capital Improvements - Consider staff recommendation to approve to negotiate with Hazen & Sawyer Engineers for a proposal to provide design and permitting of Phase 1, 2, & 3 for capital improvements to Labewood Parb Stormwater. 7. AIRPORT St. Lucie County International Airport Part 150 Study Group Recommendation - Consider staff recommendation to approve the recommendation of the Airport Part 150 Study Group for inclusion in the St. Lucie County International Airport Part 150 Noise Study Update. I. GROWTH MANAGEMENT Staff to provide a report of the meeting held on Friday, January 14, 2005 between Waterstone Development and the affected residents. -...o!!\Ii,,:l;I...íiiíJ¡¡_....~;;;:·ûr:ëi'"' \ilijiiiìrl;c u~iií¡íij ··¡~:;;¡¡:i¡..¡:~1 i'::~'~¿1'e:,:,- CONSENT AGENDA -~f~íTIr¡v':.::~-~c·:l~~:_ù~~' n"'" fiu ifì1d]':'_ :::~:":"_':i\-~ =-:~ìví7r+ r:.:::::nv ':~fjf ::-_-~'=_~. I. WARRANTS Approve warrant list No. 16 2. COUNTY AnORNEY A. Lennard Road MSBU - Permanent Drainage Easement - Pattie Joyce Kane ID# 3414-501-0604-000/2 - Resolution 05-034 - Accepting Permanent Drainage Easement - Consider staff recommendation to accept the Permanent Drainage Easement, authorize the Chairman to sign Resolution 05-034 and direct staff to record the document in the Public Records of St. Lucie County, Florida. B. Resolution No. 05-035 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-036 Extending the State of Emergency for Hurricane Jeanne - Consider staff recommendation to approve Resolution No. 05-035, 05-036 and authorize the Chairman to sign the Resolutions. Ie AIRPORT A. Award Bid 05-008 to Commercial Fence Contractors, Inc. for Fencing at the St. Lucie County International Airport - Consider staff recommendation to award bid 05-008 to Commercial Fence Contractors, Inc. in the amount of $123,957.92 for security fencing at the St. Lucie County International Airport. B. Award Bid 05-008 to install perimeter fencing at the St. Lucie County International Airport - Consider staff recommendation to award bid 05-008 for the installation of fencing to Commercial Fence Contractors, Inc. at the St. Lucie County International Airport in the amount of $159,322.92 4. SHERIFF'S DEPARTMENT Permission to apply for Florida Department of Law Enforcement/Florida Alcohol Testing Program - Intoxilyzer 8000 - Phase III grant - Consider staff recommendation to approve the Sheriff's Office request to apply for the F.D.L.E., Intoxilyzer 8000 Phase grant program and Authorize the Chairperson to sign the required grant applications documents. s. GROWTH MANAGEMENT Request of Pacbers of Indian River, for final plat approval for the project to be bnown as Pacbers of Indian River Replat one. This project is located on 15.25 acres of land at the western terminus of Environment Drive, in the IH (Industrial, Heavy) Zoning District. The project consists of 2 industrial lots - Consider staff recommendation to approve the final plat of Pacbers of Indian River and authorize its final execution. 6. INFORMATION TECHNOLOGY Approval of an additional Analyst position, Job Code 547, Pay Grade 20, to be jointly funded by the Mosquito Control District and Public Worbs/Code Compliance Division for the remainder of FY2004-05 to provide part- time Mosquito Control District analyst support of state-mandated reporting data and part-time Public Worbs/Code Compliance analyst support for implementation and maintenance of the new Public Worbs/Code Compliance permitting system. In FV2005-06, the Analyst will be fully funded by IT. - Consider staff recommendation to approve an additional Analyst position PS05-080 in support the Mosquito Control District and the Public Worbs/Code Compliance division in the amount of $43,000 from the date of hire through September 30, 2005. Consent A.encla ,anua., II, 2005 Pa.eTwo '-" ....., 7. ADMINISTRATION/MEDIA RELATIONS Replacement of existing audio recording devices for BOCC - Consider staff recommendation to approve replacement equipment for digital audio recording and archiving, approve Budget Amendment #05-119 and EQ05-279, EQ 05-280, EQ-05-281. .. CENTRAL SERVICES A. Amendment No. 1 to Contract No. C04-04-323 - Centex Rooney Schenbel Shultz Design/Builders, L.C. - Rocb Road Jail Expansion Project - Consider staff recommendation to approve Amendment No.1 to Contract No. C04-04-323, to increase the Direct Owner Purchase Program By $500,000.00 from the original amount of $3,000,000.00 to a new total of $3,500,000.00, and authorize the Chair to sign as prepared by the County Attorney. There will be no increase in cost to the project. B. Change Order No. 8 to Contract No. C03-06-452 - Administration Building Addition/Barth Construction, Inc. - Consider staff recommendation to approve Change Order No. 8 to Contract No. C03-06-452, Barth Construction, to increase the contract sum in the amount of $3,858.00, and authorize the Chairman to sign the Contract Change Order as prepared by the County Attorney. .. PUBLIC WORKS A. Jenbins Road Emergency Repair - Repair of water/sewer line caused by a subcontractor in County right-of-way - Consider staff recommendation to authorize staff to proceed with Jenbins Road Emergency Repairs in the amount of $50,000.00 and authorize the Chairman to sign. B. Approval of Worb Authorization #3 with Kimley-Horn & Associates for the preparation of Bid Documents for improvements at the Intersection of US 1 & Indrio Road, and permission to advertise for Bids. - Consider staff recommendation to approve the Worb Authorization #3 with Kimley-Horn & Associates, Inc. for preparation of Bid Documents for improvements at the intersection of US 1 & Indrio Road in the amount of $2,999.00, authorize the Chairman to sign the Worb Authorization, and grant permission to advertise for bids for this project. - ---::¡¡¡¡ 'i¡';¡ii:==:iíiiì¡~·¡·¡¡'¡;;':"" :::-1:" : : Fï:¡¡¡¡;¡;;:::i·fjl.:¡¡¡¡¡Fiïiii;jf;:¡¡'¡f¡¡:¡¡'¡ii~::: ¡¡¡J>j¡¡'¡¡"iif'" . ANNOUNCEMENTS ,ANUARY II, 2005 - ~;T ~ 1"-'iTi'; i. ~;.; T' r-:1-:ñT-~iV<""'¡jif-;'-' ~; ;';:"·'"'"'·_:"~~-_fiÍirv iiT, 'c.: ~- 1'+:';; r~" i7';;~;l'::z:,~. ;~~-·'-'-;:'(·:ì-::~1îï':'- '-tf~· 1. The Conservation Alliance "Party in the Parb" has been rescheduled to Saturday, January 22, 2005, from 10:00 a.m. to 4:00 p.m. at the Fort Pierce Inlet State Parb. 2. The Cultural Affairs Council will be sponsoring a bus daytrip to the Zora Neal Hurston Festival in Eatonville Florida on Friday, January 28th and again on Saturday, January 29th. For details and reservations, please contact Vicbi Straeffer of the Cultural Affairs office at 462-1767. 3. The Board of County Commissioners will hold a worbshop to discuss growth issues with Indian River County on Monday, January 31, 2005 from 9:00 a.m. to 11:00 a.m. at the Richardson Center, located at the Indian River Community College Mueller Campus, 6155 College Lane, Vero Beach. 4. The St. Lucie County Historical Museum at 414 Seaway Drive in Ft. Pierce will host an opening for the Livingston "Castro" Roberts art exhibit on February 4, 2005 from 5:30 p.m. to 8:00 p.m. Roberts was one of the original Indian River School of Landscape painters, popularly bnown as the Highwaymen. The reception will immediately follow the dedication ceremony of a grave-top mosaic by local artist Anita Prentice at Roberts' tomb in the Pine Grove Cemetery, which will tabe place at 4 pm on Feb. 4. For more information, contact Vicbi Straeffer of the Cultural Affairs office at 462-1767. 5. The Board of County Commissioners will hold a Strategic Planning Session on February 17, 2005 from 8:00 a.m. to 5:00 p.m. at the IRCC/FAU St. Lucie West Campus in the Schreiber Center, 500 NW California Blvd., Port St. Lucie. 6. The Board of County Commissioners will hold a Worbshop to discuss the findings of the Final Presentation of the Criminal Justice System Assessment on Thursday, February 24, 2005 from 1:30 p.m. to 5:00 p.m. in Conference Room #3. 7. The 40th Annual St. Lucie County Fair will begin on Friday, February 25, 2005 and run through Sunday, March 6, 2005 at the St. Lucie County Fairgrounds. 8. The opening day for spring training home games for the New Yorb Mets at the Tradition Field will be on March 3rd at 7:10 p.m. versus the St. Louis Cardinals. \..; ..., St. Lucie Count, E.o.ion Cont.ol Di.t.ict _·"'~7~~^-"'=·~~M""';;;;~_~_~~~""~;;~:;~;~~;;;;:;;;~;;;;;-~-:;_r.~:;;;-~;øm_i_~~' F.annle Hu.chlnson, Chal.man Ch.b C.a", Vice Chal.man 'oseph E. Sml'h Dou. Cowa.cI Paula A. Lewb Db..lct NO.4 Dbttlct NO.5 Dlst.lct No. I D....lct NO.2 Db..lct NO.1 AGENDA ,anua., II, 2005 I. GENERAL PUBLIC COMMENT CONSENT AGENDA I. PUBLIC WORKS EROSION 1710 A. Budget Resolution No. 05-001 supporting Amendment No. 2 to Project Agreement No. 2 to Project Agreement No. 04SL1 (Fort Pierce Shore Protection Project) with the Florida Department of Environmental Protection (C04-01-013) - Consider staff recommendation to approve Budget Resolution No. 05-001 supporting Amendment No. 2 to Project Agreement 04S11 (Fort Pierce Shore Protection Project) (C04-01-013) with the Florida Department of Environmental Protection and authorize the Chairman to execute said Budget Resolution. B. Budget Resolution No. 05-002 supporting Amendment No. 04S12 (South St. Lucie County Beach Restoration Project) with the Florida Department of Environmental Protection - Consider staff recommendation to approve Budget Resolution No. 05-002 supporting Project Agreement 04S12 (South St. Lucie County Beach Restoration Project) with the Florida Department of Environmental Protection and authorize the Chairman to execute said Budget Resolution. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action tal:1en by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings Is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the 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 Community Services Manager at (561) 462-1m or TDD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. 80ARD OF COUNTY COMMISSIONERS www.co.st-Iucie.fl.us '-" F.annle HU'chlnson, Chal.man Doug Cowa.cI, Vice Chal.man 'oseph E. Sml'h Paula A. Lew" Ch... C.a" D....lct NO.4 D....lct NO.2 D....lct No. I D....lct No. I D....lct NO.5 'anua., II, 2005 ..00 P.M. Invoca'lon Pleclge of Alle,lance ~?J A~i.y~6 2. I. 4. ::s ~~~(~ j) MINUTES Approve the minutes of the meeting held on January 11, 2005. PROCLAMATIONs/PRESENTATIONS Reading of the announcements by the County Administrator GENERAL PUBLIC COMMENT CON'ENTAGENDA 12 ~O~Qn~1£~:S .,,-- ,~--~--,,----~,- PUBLIC HEARINGS "....^~.^.......... . '-"''''--''-~'''~''''",^",".....~ i':''<Y''')li0l1;PP''''''t:."""?~*,·,,,+-)~~·· PUBLIC WORKS Grey Twig Lane M.S.B.U. - Second Public Hearing - Portable Water Improvements - PSL Utilities - Consider staff recommendation that the Board adopt Resolution No. 05-007 to levy a non-ad valorem special assessment on the Grey Twig Lane M.S.B.U.; approve the attached preliminary assessment roll; approve funding the project through the In-House Revolving Loan Fund, and authorize staff to proceed with construction of the project. 5B~ PUBLIC WORKS ,(I~e \,\~b ,(\ \¡ÿ\~ ~ \~~~nVironmental Resources Division - Consider Draft Ordinance 05-007 (formally bnown as 04-008), amending VI, \AI .W"'" the St. Lucie County Land Development Code by amending Chapter 6.00.00 Vegetation Protection and W Preservation to provide for a series of general amendments updating, clarifying, and amending the County's r (f'rt-' Vegetation Protection and Preservation Standards and regulations; and amending Section 11.05.06 Vegetation \.'; Removal Permits to provide for clarification of the procedures in regard to the issuance of a Vegetation Removal Permit. Consider staff recommendation to approve Draft Ordinance No. 05-007. 5C.~ l'-A Qj ~~~? '\j GROWTH MANAGEMENT Consider Draft Resolution 05-009 approving the petition of Covenant Investment Properties, LLC (Laura R. Sivalia, Agent), Change in Zoning from the CN (Commercial Neighborhood) Zoning District to the CO (Commercial Office) Zoning District for property located a 1205 West Midway Road, (South side of West Midway Road between Sunrise Blvd and the North Forb of the St. Lucie River). - Consider staff recommendation to approve Draft Resolution 05-009. Re,ula. A.encla 'anua., '1, 2005 Pa.eTwo GROWTH MANAGEMENT Mot úYI}O fJfP,(/J(¿ 511~(eW}111t1C11;hthú1,1 i l\ C;Jd¡h'Ull ~ú Ci:dJJrC11o.J ;fe'I\S (('Clot rnt-a (fCdrd Jv 5~l-r:¡-, Application of Lennar Homes, Inc. for Preliminary Planned Unit Development approval for the project bnown as Bent Creeb - Consider staff recommendation to approve Draft Resolution 04-221 which would grant Preliminary PUD approval to the Bent Creeb project as amended. 5D. ~~ð ~\(//û f) I) ~~~ .j~J ~~~Ò '-' "wi GROWTH MANAGEMENT Consider Draft Resolution 05-008 granting Preliminary and Final Planned Unit Development Approval and Change in Zoning from the RS-3 (Residential, Single-Family - 3 du/acre) and RM-5 (Residential, Multiple- Family - 5 du/acre) Zoning Districts to the PUD (Planned Unit Development - Celebration POinte) Zoning District for the project to be bnown as Celebration Pointe - PUD, for property located at the southwest corner of the intersection of North Jenbins Road and Peterson Road. - Consider staff recommendation to approve Draft Resolution 05-008 approving Preliminary and Final Planned Unit Development Approval and a Change in Zoning from the RS-3 (Residential, Single-Family - 3 du/acre) and RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning Districts to the PUD (Planned Unit Development - Celebration Pointe) Zoning District and the conditions contained therein. END OF PUBLIC HEARINGS PUBLIC WORKS Labewood Parb Storm water Design of Capital Improvements - Consider staff recommendation to approve to negotiate with Hazen & Sawyer Engineers for a proposal to provide design and permitting of Phase 1, 2, & 3 for capital improvements to Labewood Parb Storm water. 7. ; AIRPORT L:.\I 0fì í j , A - '5- G) ,,~t-~¿ -->Túlt (eC61fVtt11ehcAt'1- 'ù)/l 1\?Frw<:d(. - f ~~c/ d St. Lucie County International Airport Part 150 Study Group Recommendation - Consider staff j recommendation to approve the recommendation of the Airport Part 150 Study Group for inclusion in the St. Lucie County International Airport Part 150 Noise Study Update. I. GROWTH MANAGEMENT Staff to provide a report of the meeting held on Friday, January 14, 2005 between Waterstone Development and the affected residents. .~.... CONSENT AGENDA I. WARRANTS Approve warrant list No. 16 2. COUNTY AnORNEY A. Lennard Road MSBU - Permanent Drainage Easement - Pattie Joyce Kane ID# 3414-501-0604-000/2 - Resolution 05-034 - Accepting Permanent Drainage Easement - Consider staff recommendation to accept the Permanent Drainage Easement, authorize the Chairman to sign Resolution 05-034 and direct staff to record the document in the Public Records of St. Lucie County, Florida. B. Resolution No. 05-035 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-036 Extending the State of Emergency for Hurricane Jeanne - Consider staff recommendation to approve Resolution No. 05-035, 05-036 and authorize the Chairman to sign the Resolutions. I. AIRPORT A. Award Bid 05-008 to Commercial Fence Contractors, Inc. for Fencing at the St. Lucie County International Airport - Consider staff recommendation to award bid 05-008 to Commercial Fence Contractors, Inc. in the amount of $123,957.92 for security fencing at the St. Lucie County International Airport. B. Award Bid 05-008 to install perimeter fencing at the St. Lucie County International Airport - Consider staff recommendation to award bid 05-008 for the installation of fencing to Commercial Fence Contractors, Inc. at the St. Lucie County International Airport in the amount of $159,322.92 4. SHERIFF'S DEPARTMENT Permission to apply for Florida Department of Law Enforcement/Florida Alcohol Testing Program -Intoxilyzer 8000 - Phase III grant - Consider staff recommendation to approve the Sheriff's Office request to apply for the F.D.L.E., Intoxilyzer 8000 Phase grant program and Authorize the Chairperson to sign the required grant applications documents. 5. GROWTH MANAGEMENT Request of Pacbers of Indian River, for final plat approval for the project to be bnown as Pacbers of Indian River Replat one. This project is located on 15.25 acres of land at the western terminus of Environment Drive, in the IH (Industrial, Heavy) Zoning District. The project consists of 2 industrial lots - Consider staff recommendation to approve the final plat of Pacbers of Indian River and authorize its final execution. .. INFORMATION TECHNOLOGY Approval of an additional Analyst position, Job Code 547, Pay Grade 20, to be jointly funded by the Mosquito Control District and Public Worbs/Code Compliance Division for the remainder of FV2004-05 to provide part- time Mosquito Control District analyst support of state-mandated reporting data and part-time Public Worbs/Code Compliance analyst support for implementation and maintenance of the new Public Worbs/Code Compliance permitting system. In FV2005-06, the Analyst will be fully funded by IT. - Consider staff recommendation to approve an additional Analyst position PS05-080 in support the Mosquito Control District and the Public Worbs/Code Compliance division in the amount of $43,000 from the date of hire through September 30, 2005. Consent A.encla ,anua., II, 2005 Pa,elwo '-' -....I 7. ADMINISTRATION/MEDIA RELATIONS Replacement of existing audio recording devices for BOCC - Consider staff recommendation to approve replacement equipment for digital audio recording and archiving, approve Budget Amendment #05-119 and E005-279, EO 05-280, EO-05-281. I. CENTRAL SERVICES A. Amendment No.1 to Contract No. C04-04-323 - Centex Rooney Schenbel Shultz Design/Builders, L.C. - Rocb Road Jail Expansion Project - Consider staff recommendation to approve Amendment No.1 to Contract No. C04-04-323, to increase the Direct Owner Purchase Program By $500,000.00 from the original amount of $3,000,000.00 to a new total of $3,500,000.00, and authorize the Chair to sign as prepared by the County Attorney. There will be no increase in cost to the project. B. Change Order No. 8 to Contract No. C03-06-452 - Administration Building Addition/Barth Construction, Inc. - Consider staff recommendation to approve Change Order No. 8 to Contract No. C03-06-452, Barth Construction, to increase the contract sum in the amount of $3,858.00, and authorize the Chairman to sign the Contract Change Order as prepared by the County Attorney. 9. PUBLIC WORKS A. Jenbins Road Emergency Repair - Repair of water/sewer line caused by a subcontractor in County right-of-way - Consider staff recommendation to authorize staff to proceed with Jenbins Road Emergency Repairs in the amount of $50,000.00 and authorize the Chairman to sign. B. Approval of Worb Authorization #3 with Kimley-Horn & Associates for the preparation of Bid Documents for improvements at the Intersection of US 1 & Indrio Road, and permission to advertise for Bids. - Consider staff recommendation to approve the Worb Authorization #3 with Kimley-Horn & Associates, Inc. for preparation of Bid Documents for improvements at the intersection of US 1 & Indrio Road in the amount of $2,999.00, authorize the Chairman to sign the Worb Authorization, and grant permission to advertise for bids for this project. ~~. ANNOUNCEMENTS ,ANUARY II, 2005 1. The Conservation Alliance "Party in the Parb" has been rescheduled to Saturday, January 22, 2005, from 10:00 a.m. to 4:00 p.m. at the Fort Pierce Inlet State Parb. 2. The Cultural Affairs Council will be sponsoring a bus daytrip to the Zora Neal Hurston Festival in Eatonville Florida on Friday, January 28th and again on Saturday, January 29th. For details and reservations, please contact Vicbi Straeffer of the Cultural Affairs office at 462-1767. 3. The Board of County Commissioners will hold a worbshop to discuss growth issues with Indian River County on Monday, January 31, 2005 from 9:00 a.m. to 11:00 a.m. at the Richardson Center, located at the Indian River Community College Mueller Campus, 6155 College Lane, Vero Beach. 4. The St. Lucie County Historical Museum at 414 Seaway Drive in Ft. Pierce will host an opening for the Livingston "Castro" Roberts art exhibit on February 4, 2005 from 5:30 p.m. to 8:00 p.m. Roberts was one of the original Indian River School of Landscape painters, popularly bnown as the Highwaymen. The reception will immediately follow the dedication ceremony of a grave-top mosaic by local artist Anita Prentice at Roberts' tomb in the Pine Grove Cemetery, which will tabe place at 4 pm on Feb. 4. For more information, contact Vicbi Straeffer of the Cultural Affairs office at 462-1767. 5. The Board of County Commissioners will hold a Strategic Planning Session on February 17, 2005 from 8:00 a.m. to 5:00 p.m. at the IRCC/FAU St. Lucie West Campus in the Schreiber Center, 500 NW California Blvd., Port St. Lucie. 6. The Board of County Commissioners will hold a Worbshop to discuss the findings of the Final Presentation of the Criminal Justice System Assessment on Thursday, February 24, 2005 from 1:30 p.m. to 5:00 p.m. in Conference Room #3. 7. The 4dh Annual St. Lucie County Fair will begin on Friday, February 25, 2005 and run through Sunday, March 6, 2005 at the St. Lucie County Fairgrounds. 8. The opening day for spring training home games for the New Vorb Mets at the Tradition Field will be on March 3rd at 7:10 p.m. versus the St. Louis Cardinals. St. Lucie Count, E.o.ion Cont.ol Di.t.ict F.annle HU'chlnson, Chal.man Ch... C.af', Vice Chal.man 'oseph E. Sml'h Dou, Cowa.cI Paula A. Lew" D....lct NO.4 D....lct NO.5 D....lct No. I D....lc. NO.2 D....lct No. I AGENDA ,anua., II, 2005 I. GENERAL PUBLIC COMMENT CONSENT AGENDA I. PUBLIC WORKS EROSION 1710 A. Budget Resolution No. 05-001 supporting Amendment No. 2 to Project Agreement No. 2 to Project Agreement No. 04Sl1 (Fort Pierce Shore Protection Project) with the Florida Department of Environmental Protection (C04-01-013) - Consider staff recommendation to approve Budget Resolution No. 05-001 supporting Amendment No. 2 to Project Agreement 04S11 (Fort Pierce Shore Protection Project) (C04-01-013) with the Florida Department of Environmental Protection and authorize the Chairman to execute said Budget Resolution. B. Budget Resolution No. 05-002 supporting Amendment No. 04SL2 (South St. Lucie County Beach Restoration Project) with the Florida Department of Environmental Protection - Consider staff recommendation to approve Budget Resolution No. 05-002 supporting Project Agreement 04S12 (South St. Lucie County Beach Restoration Project) with the Florida Department of Environmental Protection and authorize the Chairman to execute said Budget Resolution. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action toben by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine ony individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1m or TDD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. '-' .....,¡ BOARD OF COUNIY COMMI"IONBR' ADDIIION, AGENDA JANUARY '8, 2004 REGULAR AGENDA RAt ¡,JJ flçf j) ADMINISTRATION Resolution No. 05-040 - Extension of the Maturity Date of the County's Improvement Revenue Note, Series 2004 (Land Acquisition> - Consider staff recommendation to approve Resolution No. 05-040-as drafted. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the 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 Community Services Manager at (772) 462- 1m or TDD (jT2) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS www.co.st-Iucie.fl.us .. '-' Frannie Hutchin.on, Chairman Doug Cowa.cI, Vice Chai.man Jo.eph E. Smith Paula A. Lewis Chris Craft District No.4 District NO.2 District No. I Dbtrict No. I District NO.5 Reading of the announcements by the County Administrator January t8, 2005 6,00 P.M. Invocation Pledge of Allegiance "'I. MINUTES --', A 5 - (/ Approve the minutes of the meeting held on January 11, 2005. ~f PROCLAMATIONs/PRESENTATIONS I. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA as-D '/5A. .. "'!1'í¡' :ih:i' n~i¡¡¡¡i:' Ivm.üllli í'"," , j j :¡¡¡¡¡¡ii¡~;¡¡¡¡~' ¡'j 'u'~¡¡¡'[nr ¡¡¡¡lil" iii¡Ff Y Tii' ~ ,ii '1 ¡¡;¡¡,' [1: Î ff~itIr...-' PUBLIC HEARINGS PUBLIC WORKS Grey Twig Lane M.S.B.U. - Second Public Hearing - Portable Water Improvements - PSL Utilities - Consider ^ I . 0 staff recommendation that the Board adopt Resolution No. 05-007 to levy a non-ad valorem special 4. J assessment on the Grey Twig Lane M.S.B.U.; approve the attached preliminary assessment roll; approve funding the project through the In-House Revolving Loan Fund, and authorize staff to proceed with construction of the project. t ~ fì'v PI!~K' M ~ t.f ~~ P'6 50<W.M Environmental Resource~ion - Consider Draft Ordinance 05-007 (formally bnown as 04-008), amending the St. Lucie County Land Development Code by amending Chapter 6.00.00 Vegetation Protection and Preservation to provide for a series of general amendments updating, clarifying, and amending the County's Vegetation Protection and Preservation Standards and regulations; and amending Section 11.05.06 Vegetation Removal Permits to provide for clarification of the procedures in regard to the issuance of a Vegetation Removal Permit. Consider staff recommendation to approve Draft Ordinance No. 05-007. JSB. ~l\-I i SC. ~s·ò GROWTH MANAGEMENT Consider Draft Resolution 05-009 approving the petition of Covenant Investment Properties, LLC (Laura R. Sivalia, Agent), Change in Zoning from the CN (Commercial Neighborhood) Zoning District to the CO (Commercial Office) Zoning District for property located a 1205 West Midway Road, (South side of West Midway Road between Sunrise Blvd and the North Forb of the St. Lucie River). - Consider staff recommendation to approve Draft Resolution 05-009. Regula. Agencla '-' "'wJI 'anua." II, 2005 / .J-- Page Two " /, 1'(¥{iUZ-tPÞJ () 17..J-· ,. /I 'd Vl /)11..&,~:; .ufO GROWTH MANAGEMEN~O ,~.,)L{:~/ ,!D¡I::-¡:;rL~/Pxdíiv; (/ ,/ /:- I I -}(:;>. C1 U WfJ(..[k' r.rc' /::ç;L / II m /, //, /1 ,w.- (I,'" "~ ~' I/M.~ /'1 ,\:.fß¿:'/t/ I¿j./!/[(;.... "'7 ' " Application of Lennar Homes, Inc. for Preliminary Planned Unit Development appro,l,)ol1ör the project Rndw;" as Bent CreeR - Consider staff recommendation to approve Draft Resolution ~1 which would grant Preliminary PUD approval to the Bent Creeb project as amended. n / GROWTH MANAGEMENT .. ~.. ~~ f\ P fr- , '. (' . . 1,.Ju£~0 ...(~.' JUr! fj ~ M W1~~{~}..-ac.v £,W.J~ dlðCu.,v-I r' jll;t~vt<. ~ ~~¡;lJ(},- Consider Draft Resolution 05-008 granting Preliminary and Final Planned Unit Development Approva arid Change in Zoning from the RS-3 (Residential, Single-Family - 3 du/acre) and RM-5 (Residential, Multiple- Family - 5 du/acre) Zoning Districts to the PUD (Planned Unit Development - Celebration POinte) Zoning District for the project to be bnown as Celebration Pointe - PUD, for property located at the southwest corner of the intersection of North Jenbins Road and Peterson Road. - Consider staff recommendation to approve Draft Resolution 05-008 approving Preliminary and Final Planned Unit Development Approval and a Change in Zoning from the RS-3 (Residential, Single-Family - 3 du/acre) and RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning Districts to the PUD (Planned Unit Development - Celebration POinte) Zoning District and the conditions contained therein. v'SD. {t5-V SE. g"... ( , .~'"" .' vi END OF PUBLIC HEARINGS , --~" n 'rr "~:.i~,-ïtlj.-~ lnJ4r .ri"if~ . ",:-'. r(~;r:';;ri'7 J~lJ¡l'íT-~ ::=::-Tl:i:~~ -ú"¡¡íìir'.= (,0\ ::-:.ïlil .. .¡ 6. PUBLIC WORKS A ( Labewood Parb Storm water Design of Capital Improvements - Consider staff recommendation to approve to .J !{) negotiate with Hazen & Sawyer Engineers for a proposal to provide design and permitting of Phase 1, 2, & 3 for capital improvements to Labewood ParR Stormwater. /,. N\J4 ..II. ~·5·D AIRPORT ~ I c.t (p·,OD St. Lucie County International Airport Part 150 Study Group Recommendation - Consider staff recommendation to approve the recommendation of the Airport Part 150 Study Group for inclusion in the St.' . Lucie County International Airport Part 150 Noise Study Update. GROWTH MANAGEMENT \ ) I ¡ ~// Staff to provide a report of the meeting held on Friday, January 14, 2005 between Waterstone Development and the affected residents. I ,/k" ;\/o\,t'Jtir,l", ' I 'f l ¡ I z;tc I ï -~~~ :..:,1 :.1 p"'" '\V';/~ ~~¥ f V,_I__ J ¡ ! I f,f! r, ...·'f /" . (: .' ,- ·~1· "/-:>, ._,-' 'Ii", i ,." }tl ¡f I, -, . r "./ ,t.."<J . - -' .~.. ' . i)1! (. :;'¡,:,': ' £w;.~f'»: : I 1,'\" \ I { ,. L Æ~' " ... /11-cF Þ ( I...,,~"'f " ~." ," f '~ V ,I ( . ...... e-lr toc k (tÜ ~ ~c~;;~ iA~i~ f -- .,¡¡ I '.4Ff/t uH'¿--,'· ~ ,j; If',r.! ,', {~ ,,' tf j /.... !' ,v! .~ ',; '...{ {.'-i t., ¡ r / 5DC/ -"""'!'..i¡"¡¡" ¡¡'¡'hi;¡~'¡i¡;¡;rn¡¡.øi¡lif· iÛf';¡ki¡' i'¡i¡är]ì;'i.;'_·_~,i"......¡...:,~ CONSENT AGENDA - -1j=: :h:1r:f'lr,~,,~~[_~,., ", -~~¡' - '[fir "-'T''=~'f_''- ~ v~:-"";:jìiì··~._JT._·J~t~~_::~ '-~T.iliM'~_.í_{l r'O .ï~J'r· _".~__::. Vi. WARRANTS Approve warrant list No. 16 2. COUNTY AnORNEY ,/ A. Lennard Road MSBU - Permanent Drainage Easement - Pattie Joyce Kane ID# 3414-501-0604-000/2 - Resolution 05-034 - Accepting Permanent Drainage Easement - Consider staff recommendation to accept the Permanent Drainage Easement, authorize the Chairman to sign Resolution 05-034 and direct staff to record the document in the Public Records of St. Lucie County, Florida. " B. Resolution No. 05-035 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-036 Extending the State of Emergency for Hurricane Jeanne - Consider staff recommendation to approve Resolution No. 05-035, 05-036 and authorize the Chairman to sign the Resolutions. I. AIRPORT . A. Award Bid 05-008 to Commercial Fence Contractors, Inc. for Fencing at the St. Lucie County International Airport - Consider staff recommendation to award bid 05-008 to Commercial Fence Contractors, Inc. in the amount of $123,957.92 for security fencing at the St. Lucie County International Airport. ,! B. Award Bid 05-008 to install perimeter fencing at the St. Lucie County International Airport - Consider staff recommendation to award bid 05-008 for the installation of fencing to Commercial Fence Contractors, Inc. at the St. Lucie County International Airport in the amount of $159,322.92 /4. SHERIFF'S DEPARTMENT Permission to apply for Florida Department of Law Enforcement/Florida Alcohol Testing Program - Intoxilyzer 8000 - Phase III grant - Consider staff recommendation to approve the Sheriff's Office request to apply for the F.D.L.E., Intoxilyzer 8000 Phase grant program and Authorize the Chairperson to sign the required grant applications documents. - s. GROWTH MANAGEMENT Request of Pacbers of Indian River, for final plat approval for the project to be bnown as Paci:?ers of Indian River Replat one. This project is located on 15.25 acres of land at the western terminus of Environment Drive, in the IH (Industrial, Heavy) Zoning District. The project consists of 2 industrial lots - Consider staff recommendation to approve the final plat of Pacbers of Indian River and authorize its final execution. v 6. INFORMATION TECHNOLOGY Approval of an additional Analyst position, Job Code 547, Pay Grade 20, to be jOintly funded by the Mosquito Control District and Public Worbs/Code Compliance Division for the remainder of FY2004-05 to provide part- time Mosquito Control District analyst support of state-mandated reporting data and part-time Public Worbs/Code Compliance analyst support for implementation and maintenance of the new Public Worbs/Code Compliance permitting system. In FY2005-06, the Analyst will be fully funded by IT. - Consider staff recommendation to approve an additional Analyst position PS05-080 in support the Mosquito Control District and the Public Worbs/Code Compliance division in the amount of $43,000 from the date of hire through September 30, 2005. Consent Agenda ,anua., t8, 2005 Page Two '-' ~ '·7. ADMINISTRATION/MEDIA RELATIONS Replacement of existing audio recording devices for BOCC - Consider staff recommendation to approve replacement equipment for digital audio recording and archiving, approve Budget Amendment #05-119 and E005-279, EO 05-280, EO-05-281. 8. CENTRAL SERVICES J A. Amendment No.1 to Contract No. C04-04-323 - Centex Rooney SchenRel Shultz Design/Builders, L.C. - ROCR Road Jail Expansion Project - Consider staff recommendation to approve Amendment No.1 to Contract No. C04-04-323, to increase the Direct Owner Purchase Program By $500,000.00 from the original amount of $3,000,000.00 to a new total of $3,500,000.00, and authorize the Chair to sign as prepared by the County Attorney. There will be no increase in cost to the project. ,/ B. Change Order No. 8 to Contract No. C03-06-452 - Administration Building Addition/Barth Construction, Inc. - Consider staff recommendation to approve Change Order No. 8 to Contract No. C03-06-452, Barth Construction, to increase the contract sum in the amount of $3,858.00, and authorize the Chairman to sign the Contract Change Order as prepared by the County Attorney. 9. PUBLIC WORKS vA. Jenbins Road Emergency Repair - Repair of water/sewer line caused by a subcontractor in County right-of-way - Consider staff recommendation to authorize staff to proceed with JenRins Road Emergency Repairs in the amount of $50,000.00 and authorize the Chairman to sign. 'v' B. Approval of WorR Authorization #3 with Kimley-Horn & Associates for the preparation of Bid Documents for improvements at the Intersection of US 1 & Indrio Road, and permission to advertise for Bids. - Consider staff recommendation to approve the WorR Authorization #3 with Kimley-Horn & Associates, Inc. for preparation of Bid Documents for improvements at the intersection of US 1 & Indrio Road in the amount of $2,999.00, authorize the Chairman to sign the WorR Authorization, and grant permission to advertise for bids for this project. ~ .., BOARD OF COUNTY COMMI"IONER, ADDITION' AGENDA JANUARY 18, 2004 REGULAR AGENDA IRAt ADMINISTRATION ps-o Resolution No. 05-040 - Extension of the Maturity Date of the County's Improvement Revenue Note, Series 2004 (Land Acquisition) - Consider staff recommendation to approve Resolution No. OS-040-as drafted. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (TT2) 462- 1m or TDD (TT2) 462-1428 at least forty-eight (48) hours prior to the meeting. <4 I ,.¡¡j1'¡.)ilÍ1'~ 'Qji¡f'''I'":' 'F¡ ii' íin1i ¡ ¡ r' :n í'iìil¡ìi"'Y~f,· ¡il'·' 111" II, Luci., C.....IW' E.otlol: C' ..1,' litl.ict, -... 'ifin í' i$ii'j" r-" ~ u rh J 'í\¡U¡ú¡i!ljf'ì1iOii Iii 1 '"' I~;r il 111 '~' I"· iilOOIUlíilF, F.annle Hlltchln.on, Chal.man Chrlt C.aft, Vice Chairman 'o.eph E. Smith Doug Cowa.cI Paula A. Lewl. Dltltlct NO.4 Dltltlct NO.5 Dltltlct No. I Dltltlct No. :z Dltltlct No. I AGENDA ,anua." 18, 2005 I. GENERAL PUBLIC COMMENT A 5 ~"' 1: .i 4 "V CONSENT AGENDA I. PUBLIC WORKS EROSION 1'110 J A. Budget Resolution No. 05-001 supporting Amendment No. 2 to Project Agreement No. 2 to Project Agreement No. 04Sl1 (Fort Pierce Shore Protection Project) with the Florida Department of Environmental Protection (C04-01-013) - Consider staff recommendation to approve Budget Resolution No. 05-001 supporting Amendment No. 2 to Project Agreement 04S11 (Fort Pierce Shore Protection Project) (C04-01-013) with the Florida Department of Environmental Protection and authorize the Chairman to execute said Budget Resolution. J B. Budget Resolution No. 05-002 supporting Amendment No. 04S12 (South St. Lucie County Beach Restoration Project) with the Florida Department of Environmental Protection - Consider staff recommendation to approve Budget Resolution No. 05-002 supporting Project Agreement 04S12 (South St. Lucie County Beach Restoration Project) with the Florida Department of Environmental Protection and authorize the Chairman to execute said Budget Resolution, NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the 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 Community Services Manager at (561) 462-1m or TDD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. -~:1iitÌÆ1¡~J~::' ::'. .~r~J;.~ J~:1', .lfiï~.:'~_.l ' _= __=.i_~.~'l~TfH~·~~~~iï."" _ ~~;; I -t4ì~:.~_~~~, ANNOUNCEMENTS JANUARY la, 2005 - ~~ .-- 'j"f~'1i'Íf r~'r':::¡¡(__.,[ï0'~ii-_ J ·i'irø.t'¡;;IT" TÏI'iT- "fill nrth~ ~ ~-¡;~ii.illJ"¡' lW'ij¡lÍik:ÀÍìÜ'1ilì:~ Í',:;::-;-_c.~-~... 1. The Conservation Alliance "Party in the Par!:?" has been rescheduled to Saturday, January 22, 2005, from 10:00 a.m. to 4:00 p.m. at the Fort Pierce Inlet State Parb. 2. The Cultural Affairs Council will be sponsoring a bus daytrip to the Zora Neal Hurston Festival in Eatonville Florida on Friday, January 28th and again on Saturday, January 29th. For details and reservations, please contact Vicbi Straeffer of the Cultural Affairs office at 462-1767. 3. The Board of County Commissioners will hold a worbshop to discuss growth issues with Indian River County on Monday, January 31, 2005 from 9:00 a.m. to 11:00 a.m. at the Richardson Center, located at the Indian River Community College Mueller Campus, 6155 College Lane, Vero Beach. 4. The St. Lucie County Historical Museum at 414 Seaway Drive in Ft. Pierce will host an opening for the Livingston "Castro" Roberts art exhibit on February 4, 2005 from 5:30 p.m. to 8:00 p.m. Roberts was one of the original Indian River School of Landscape painters, popularly !:?nown as the Highwaymen. The reception will immediately follow the dedication ceremony of a grave-top mosaic by local artist Anita Prentice at Roberts' tomb in the Pine Grove Cemetery, which will tabe place at 4 pm on Feb. 4. For more information, contact Vicbi Straeffer of the Cultural Affairs office at 462-1767. 5. The Board of County Commissioners will hold a Strategic Planning Session on February 17, 2005 from 8:00 a.m. to 5:00 p.m. at the IRCC/FAU St. Lucie West Campus in the Schreiber Center, 500 NW California Blvd., Port St. Lucie. 6. The Board of County Commissioners will hold a Worbshop to discuss the findings of the Final Presentation of the Criminal Justice System Assessment on Thursday, February 24, 2005 from 1:30 p.m. to 5:00 p.m. in Conference Room #3. 7. The 4dh Annual St. Lucie County Fair will begin on Friday, February 25, 2005 and run through Sunday, March 6, 2005 at the St. Lucie County Fairgrounds. 8. The opening day for spring training home games for the New Yor!:? Mets at the Tradition Field will be on March 3rd at 7:10 p.m. versus the St. Louis Cardinals. '-' ..., BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 11,2004 Tape: 1-2 Convened: 9:00 a.m. Adjourned: II :()) a.m. ('oll1lllissioners Present: ('hairperson, Fr,lnllie Ilulchinson, Doug Cow:ml, .Iosl' 111 Sllllth. ('hris ('ran, Paula A. Lewis (ahsent) Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Pete Keogh, Parks & Rec. Director, Don West, Public Works Director, Mike Bowers, Utilities Director, Marie Gouin, M & B Director, Ed Parker, Purchasing Director, Mike Pawley, County Engineer, Paul Phillips, Airport Director, Roger Shinn, Central Services Director, Ed Cox, Growth Management Director, Millie D. Feliciano, Deputy Clerk I. MINIITI':S(I-()2-J.) It was moved by Com. Coward, seconded by Com. Smith, to approve the minutes o 'the meeting held January 4,2005, and; upon roll call, motion catTied unanimously. 2. PROCLAMA TIONS/PRESENT A TrONS A. The County Administrator read upcoming events and scheduled meetings. 3. GENERAL PUBLIC COMMENTS Ms. Susie Caron, 8500 Indrio Road resident, addressed the Board regarding the motion and direction given at the previous meeting in reference to the Waterstone Developmenl in her area. Ms. Caron stated Ihey h,ld not followed ßoa I'd d i recl ion where I hey were i nst ructed not to work olllhe sOlllh sidr orllll' properly lilll·. She ill () ' J1L'd Ihl' l~oa '(1 Orall ilIL-I',;1I 1IIIIkh herlll constructed hclweell the properties thaI had to he rCll10ved hy nOOll loday. The County Administrator advised the Board of the Code Enforcement action taken at the job site. The developer had been cited and will have to appear before the Coele Enforcement Board next month regarding the violations. Ms. Caron requested the job site be shut down and stated they are presently constructing the placing of water pipes at the south end of the property. The County Administrator ane! the Code Enforcement Manager could not veri fy this action at this time. ('¡'III. ('mv;m sl;IIl'l1 ii'iIHIl'l'd wmk was l·l)lllillllill/'. ollllll~ sOlllh side o 'tlle propL'rly lille, hL' did IlOt havL';1 prob IL'Il I iSSlIil\g a slop work onkr I'm tile elllin: project. lie does believe there was some good 1:lilh dOlle, bul ;11 the same time there have heen SOllle good poillts made hy Ms. Caron and was his reason lor moving lorward with a slup work order. Com. Cralt seconded ,'or disclIssion. lie expressed his cOllccrn with the developer IlOt heing aware or a marketing stralegy heing lIsed tor lhe devL'lopment and IS also Ilot ;Iware '-' ""'" orwhat is going on with the contractor and this would his reason lor his second on the stop work order. Com. Coward clarified his comments as not being a motion. Com. Smith expressed his lack of confidence in this developer and stated he concurred with the stop work order. Com. Craft the moved to place a full stop work order on the project, seconded by Com. Smith until the I xll1 of Janu;Iry and to ;lIso noti fy the developer to attend the meeting on J:lIlll:lry 1:-:, 2()()) to discuss the project, the stop work order ;Ind the revised site pl:lI1, :IIHI; Ilpon roll call, !1lotiou carried unaninlOusly. Ms. Ilclen [)ul~lis, resident :Iddressed the Board regarding the J to 5 hour wait I()r permits in our huilding ;Ind I.oning department. The allached CO!1llllents were read into the record hy Ms. [)uJ~lis. The Code Enforcement Manager addressed Ms. DuÜlÎs' comments and stated our Information Technology is working on a computer glitch that seems to be the problem with the delays in the per!1lit issuing process. Ill' also stated they arc working on the added personnel request. Mr. Craig Mundt, North Beach Association, addressed the Board regarding the abandoned property known as PV Martins. He asked the Board take action in requiring the property owner to clean up the building and do the improvements on the property. The County Administrator advised Mr. Mundt that he would contact the new property owner and would get back to him on the response. Mr. .Ierr Furst, Property Appraiser, addressed the Board regarding the impact Ices. He questioned some oflhe areas sees the county is moving tnwards regarding impact Ices and suggested belore the county patch meals every idea that comes belore them as an impact fee, it may be time at some point to re-visit this whole issue and see what things we see in the community that really impact the public bodies that we should really have a fee. Mr. John Arena, Ft. Pierce, addressed the Board and related his experience with Hurricane Frances. Mr. Randy Ben'y , Aero Acres, and member of the Treasure Coast Builders Association, addressed the Board regarding the permittÌ1~gprocess and suggested the Board consider dividing the building offices so they concentrate on what they do best which is pennitting and zoning. He also asked the Board to consider raising the salaries of the employees so the county may have the opportunity to recruit experienced and ( uali fled people. The County Administrator advised Mr. Berry of the sal;lry survey and once they receive the study, the s;tlarics would he adjusted as of April I SI. Mr. (ìcorge (unintelligible last name) representing Kolticr Signature Ilollles, addressed the Board in support ol'the Code Enl'orcclllcnt, Building and Zoning Dcpartlllcnts and cOllllllcnded their cfforts however, he l'ell thcy had limited resources and asked thc Board to approve any requests the department may have. The County Administrator stated they are working on the new system and once it's up and funning they expect things would run more smoothly. Ms. Gail Kavanagh, Treasure Coast Buildcrs Association addressed the Board rc!,',arding the permits and the bui Id i ng department and submitted the attnc hed letter \\ 1 t 11 I1I..'r comments. 2 '-' 'WI Mr. Clwrks (ìrande, Ilutcl1inson Island, addressed the Board regarding the placement or townhouses ;lIld single I;!lnily homes in ruture developnwnts. If this infoll11ation is related uptì'ont it would have eliminated the prescnt situation. 4. CONSENT AGENDA (1-3300) It was moved by Com. Coward, seconded by Com. Craft to approve the Consent Agenda with item C-1 J B pulled, and; upon roll call, motion carried unanimously. Com. Hutchinson requested the cap for the Dori Slosberg Mini-Grants be raised from $10,000 to $25,000. The County Attorney suggested sending a letter to those awarded the grants and in(ollning them of the increase in the cap. It was moved by Com. Cran, seconded by Com. Coward, to approve the increase In the cap as requested by Com. Hutchinson, and; upon roll call, motion carried unanimously. I. WARRANT LIST The Board approved Warrant List No. 15. 2. COUNTY ATTORNEY A. The Board approved Resolution No. 05-004 extending the State of Emergency for Hurricane Frances and Resolution No. 05-005 extending the State of Emergency for Hurricane Jeanne. B. Record Destruction- The Board approved the destruction of records as requested hy the rinance Department. 3. PARKS AN ) RI~(,RI~ATION A. Approv;II or Work Authorization No. () - Thc Board ;ipprovcd Work Authori/,ation No. () with Hazen & Sawyer and approved to move $14,300 li'om other contractural services account to O!T BlIi Idings Consulting Engineering (Capital Account) as required for tracking purposes. ß. St. Lucie County <.\:Iltennial Celebration Entertainmcnt Contract- The Board approved the cont.ract with Mark Chesnutt in the amount of $25,000 as drafted by the County Attorney and authorized the Chairman to sign. C. Termination of the Civic Center Change Fund- The Board approved thc term i nation 0 f the $800.00 change fund at the Ci vi c Center. D. Revised Capital Equipment Purchase EQ02-149- The Board approved modifying EQ05-149 to reflect the purchase ofa portable aquatic lift and 10 ¡Ilcrease the purchase amount lì'ol11 $4,000.00 to $4,<)95.00. 4. INVI':STrvll':N'I' I,'()I{ '1'1 II': 1"1 'I'lJ {l~ Central Services- Contract Change Order No.1 to Contract No. C04-02-()<) I Hennis Construction Company- The Board approved Change Order No. J to Contract No. C04- 02-091 Hennis Corporation Inc., to increase the contract sum an additional $1. 025.00 and contract time an additional 72 days for the completion date of January 31. 2()()5 and authorized the Chairman to sign the Change Order. The Board approved the final payment and release 0 f retainage in the amount of $14,052 to Hennis Construction for the Concession/Restroom project. 01/07/05 F7.A.BWARR FUND 001 001142 001157 001160 001165 001168 001286 001293 001294 001814 101 101002 101003 101006 102 102001 104003 105 107 107001 JO'/OO~ '003 140 140127 140324 160 170 183 183001 183002 183003 183004 185004 185005 185204 216 310002 315 316 382 401 418 121 411 448 ð . t:¡ 458 461 471 178 179 181 491 ')0') ',()'d)() I 611 625 '-' ST. LUCIE COUNTY - BOARD , ...., WARRANT LIST #15- 01-JAN-2005 TO 07-JAN-2005 FUND SUMMARY TITLE General Fund FTA Section 5303 Grant FY01/02 CSBG Grant FY04 Section 112/MPO/Planning FY 04/05 CSBG Grant FY05 Urban Mobile Irrigation Lab 04/05 FDCA/EMPA 2004 TDC Planning Grant FY 05 FDCA/EMPA 2005 Floridian Aquifer Well Monitoring N Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Hurricane Frances Donations Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fllnd-Wireless Sur Fine' l\t. J,'ortciturc Funcl-l';911 Surcllùr Fine & Forfeiture Fund-800 Mhz Oper SLC Public Transit MSTU Port & Airport Fund FAA BCA 9L/27R/Rehab. 14/32 FDOT/Design Runway Rehab-AL642 Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Arbitration/Mediat Ct Admin.-County Teen Court Ct Admin.- Teen Court FHFA SHIP FY03/04 FHFA SHIP FY04/05 FHFA SHIP 99/00 County Capital I&S Impact Fees-Parks County Building Fund County Capital Environmental Land Capital Fund Sanitary Landfill Fund Golf Courne Fund II.E.W. Ul:ilit.i.(~u 1.'lIne! North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund NHI Uti1 - Capital Facilities Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Airport Utilities District Building Code Fund T!c'dl th Tll::llr;lIIC(' "'111111 l'I') J(~ll Y/('.l::U,tLLy JII::ULdIJCl: ¡.'und 'l'ouriut Dc:vcloplllcnl 'l'rw..:l-Adv Fund Law Library GRAND TOTAL: EXPENSES 2,608,772.89 109.85 1,743.33 1,440.90 295.34 391.24 2,897.77 235.66 397.75 391.25 47,960.71 3,389,027.98 1,370,009.47 47,523.48 46,804.95 1,521.34 321.42 710.97 5,483,706.21 7.77..78 313.51 53.77 389.38 45,044.25 149,910.53 16,656.72 22,016.02 439.06 4,295.13 331.86 300.00 580.00 1,010.24 4.60 656.31 4.60- 15,520.24 9,606.75 157,156.49 109,485.00 3,398,074.15 323,785.84 11,867.99 66.33 4,940.27 33.64 100.99 26,192.26 72.10 6,466.19 200,715.27 17.39 2,680.75 1,017.21 17,097.79 I H'" Hon. ',I) 635.11 4,802.51 819.96 17,723,495.22 PAGE 1 PAYROLL 4,056.02 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 '" 'J'/lj. \'/ 0.00 0.00 0.00 10,035.39 ~ '-" ...., 5. COMMUNITY SI~RVICES A. Florid;1 ('ollllllission ('or the Transportation Disadvantaged Rural Area Capital I:quipment Support Grant Amendment # I. The Board authori¡,ed the Chairman signing the Florida Commission for the Transportation Disadvantaged Rural Area Capital Equipment Support Grant Amendment # I-Contract AN939. B. Florida Commission for the Transportation Disadvantaged Rural Area Capital Equipment Support Grant Amendment # 1.- The Board authorized the Chairman to sign the Florida Commission tar the Transportation Disadvantaged Rural Area Capital Equipment Support Grant Amendment # 1- Contract ANN08. G. PUBLIC WORKS A. Code Division- The Board approved the request for 8 new positions to be added to the Code Compliance Division, position numbers 05-071 through 05-IIG in order to provide services for the immediate need and to mcctthc continuing growth in Sl. Lucie County. B. Requcst of Robert Tierney through agent Randy Mosby- The Hoard approved thc cxemption fì'om thc rcquiremcnts or Section 11.0 I.Ot) (A)( 5) and that no environmental impact report be requi red lor the project to be know as First Replat of Jana Park SID. C. Road and Bridge Division- The Board accepted the Prima Blvd., Extension and Release of Maintenance Bond. D. Solid Waste Division- CDM Amendment to 5 Year Professional Services Agreement- The Board approved the Decemher I R. 2004 proposal li'om CDM for engineering services to assist Sl. Lucie ('Ollnty with annual water quality monitoring, analysis, ;lIld report for hoth the (ìlades RO;ld LlI1dlill and F;lirwinds Cìoll'<'ourse. annual aerial survey and linancial responsibility update, Glades Road Land/ill annual Leachate collection pipes survey and evaluation, Title V reporting ;lI1d continuing consulting services for a total annual amount of $21 ().()5().()() ;Ind approved this change in scope for the Cìl;ldes Road I "lIllllill Annual Perlnit ('ompliancc isslles. E. Solid Waste Division CDM Proposal Land/ill Gas Collection Wells Deactivation- The Board approved the December I g, 2004 proposal I'rom CI1M for engineering services rcl,lted to the deactivatioll oj' nOIl- perltml1ing 1;lI1dlill gas collection wells /t)r a lump sum oj'$35,400.(JO. F. Solid Waste Division- Southern Waste Services, LLC- The Board approved the Non-Exclusive Commercial Solid Waste and Recyclable Material Collection Service Agreements for southern Waste Systems, LLC and authorized the Chairman to execute. G. Solid Waste Division- Time Clock- The Board approved an upgrade to the time clock system with a purchase/i'OlTI Timeco for EQ# 05-277 in the amount of$2, 151.00 inclucling shipping for an upgradcd hiomctric lillll' rlod: iIlHII':()// O,')-:7X fì)f onl' nl'\\! hiomclrir linll' rlor\.; 11¡llll' ¡IIIIOIIIII 01' ~2.,') 1:1 illCllldillg shipping. H. ProICssional Service Agrecment with Glatting Jackson Kcrcher Anglin Lopez Rinehart, Inc. - The Board approved the Professional Services Agreement with Glatting Jackson and designate the need to hire Glatting Jackson results from a valid public emergency. 4 '-" ....., 7. AIRPORT A. Master Drainage Plan & Modification Scope of Work with PBS&J- The Board approved Work Authorization No.6 for $194,372 with PBS&.r for the Master Drainage Plan Modification for Basin A at St. Lucie County International Airport. B. Approval of Change Order No. I for the Airfield Lighting Upgrade Project at the St. Lucie County International Airport- The Board approved Change Order No. I. 8. PURCHASING A. Bid # 05-001-Enhance Swale Maintenance Contract- The Board approved ;Iwarding the hid to the second lowest hidder, All Terrain I ~arllllllovillg. B. Bid # 05-004- Purchase and installation of Live Streaming Vidco of SLCTV and Video On-Demand- The Board approved awarding Bid # 05-004 to the sole responsible and responsive bidder, V2Net (D.CO) for a total cost of $18,876.00. C. Pemlission to advertise an RFP for a Golf Course Designer for the Fairwinds Golf Course Expansion- The Board approved advertising for an RFP. I). /\pprO\';tI or Bid WaivLT alld ¡{ali Ijc;llioll 01' Hl11l:rgellcy Plln'h;lses 1"1"0111 1111 rricalle Fr;llIces/.I e;lIllle- The Board ;Ipproved I) r;1 (i Iyi 111,', the ('ollnty /\dministr;llor's order clTedive September l, 2()()4 at ):()() P,I11. ;IIHI SeplL'l11ber 24, 2()()4 at ():()() a.I11.2) ;Ipproved the w;liver o 'se;tled bids ;IS;I result ol'declared emergency, 3) ratifying the ('ollnty Administrator's list of emcrgency purchase orders, credit card purchases, and authorized the Chairman to sign the contracts as prepared by the County Attorney. E. First Extension to Contract COl-12-I80 with Sierra International Machinery, LLC for maintenance services for the baler and conveyor system- The Board approved the first extension to the contract and authorized the Chairman to sign the extension as prepared by the County Attomey. F. Second Extension to Contract C98-12-1 R5 with Severn Trent-A vatar Utility Services for operation maintenance and management services for St. Lucie County water, wastewater and reclaimed water facilities- The Board approved the second extension to the contract and ;llIthorizcd the Chairman to sign the extension as prepared hy the ( 'olllll y A Ilol'l1ey. G. Fourth Amendment to Contract No. CO 1-12-253 with Florida Tire Recycling, Inc. for waste tire processing- The Board approved the fourth amendment to the contract and authorized the Chairman to sign as prepared by the County Attorney. H. First Amendment to Contract No. C04-1 0-499 with Wileo Construction, Inc., and Contract C04-1 0-560 with Summerlin Seven Se;ls, Inc., fur removal of old debris and replace structures to original condition- The Board approved the first amendment to the contract and authorized the Chairman to sign as prepared by the County Attorney. 5 '-øf ..."", I. Permission to advertise a RFP for Continuing Professional Surveying Services- The Board approved advertising for RFP for Continuing Professional Surveying Services. J. Bid # 04-099- South Hutchinson Island Water Reclamation Facility Repair & Painting- The Board approved awarding Bid # 04-099 to the lowest responsible and responsive bidder, West Florida Maintenance, IIlC., !(n';1 lol;lIcosl or.');/I (),27S.()() :lIHI :llIlllOril'.ed I ill' ('il;lirrll:111 [0 sigll Ihe cOIl[r:lcl as prcparcd hy the ('Ollll[y Atlomey. (), PARKS RI:FERI:NDUM 1.;l\vlI\vood ,'ooth:dl SI:\(lilllll I ,ighlill)!,/I'iggyhack olTorlhe ('ily or.l:IC/.;sOIIVillc's contract with Musco Lighting Thc Board approved piggybacking ofTorthe City or Jacksonville's contract with Musco Lighting in the amount of$281,188.00 for materials, labor, and installation of the Lawnwood Football Stadium lighting and also approved the contract bctwccn Musco Lighting and St. Lucic County as drafted by the County Atlomcy :1I1d authorií".cd thc Chairlll:1Il to sign. I n. ADMINISTRATION A. Planning and Zoning Commission Appointment- The Board approved rati fying Com. Smith's appointment of Mr. Rusty Aikens to the Planning & Zoning Commission. H. TOllrislI1 I kVcloplllCI11 ('olllH.:il AppoillllllCIl(- Tile HO:lrd <lpprovcd r;¡liryillg ('om. Smith's <lppuilltmcnt ur Mr. Simmic Burncs [0 [lIc Tourist I kvclopmcllt Council. C. Puhlic Art & Design Committee Appoilltlllcnt- The 130:ml :Ipprovcd ratifying Com. Smith's appointment orMr. Jallles D. (jihsonlo the Public Art & Design Committee. D. TEA-21 Funding submission of projects to Congressman Alcee Hastings- The Board approved submitting the following projects to Congressman Hastings to be considered for TEA-21 funding. I. Widcning of Midway Road li'OIll S. 251h Strcclto U.S. I 2. Widening of U.S. 1 from Midway Road to Edwards Road 3. Widening of West Virgiriia Drive from Floresta to U.S. 1 4. Widening of (J.S, 1 frolll Edwards Road to Virgini:1 A vellllC .'). Wi(il'llill!'. ol( >kl'l'chohL'l: l~o:ld li'OIII .kllklllS l~o:\(llo 1'lorld;1 TlIrJlpl!'l' (). Citrus A vCllue/Delaware Realignmcnt with U.S. I 7. Or:lIlgc AVl'llul' rcconstructioll from Kings Ilighw:,y 10 Okœchohcl: ('oullty lilll' S. Fœdcr Rouls to .I oh Trallsi t Project (Acqu i si tion 0 r 24 t r:lllsi t husl:s ItJr ncw transit routcs (). Silk:walk/hicyck: paths 011 Peachtree Blvd.. and Emerson ^v\,;nllc 10. Okcechobcc Road Pedestrian Bridge Transportation cnl1anccm0nt II. Extension to taxiway at St. Lucie County Airport E. Change Order NO.8 for Ahrens Companies- The Board approved Change Order NO.8 in the amount of $10,040.45 to provide additional clectrical servicc at the Fairgrounds Arena. II. MANAGEMENT AND BUDGET A. Approval 0 f Budget Amendment # 04-1 17 transferri ng fund i Ilg to cover Cìcncra I rund pu rchasc orders t h:11 were ro lied ovcr rrom Ii sc:tI Yl': 1' .1()(). Thl' HO:lrd :Ippn)vl:d l~ud!',l'l :\11Il'IHII1ll'11111 (I.¡ 117 6 '-' ,..., H. I }ori Sloshcrg Milli-( ìrant Awards- This ilelll W;IS pulled. 12. UTILlTII~S A. Route 4 I ()" Water Main and I 6" Force Main Extension- The Board approved the Work Authorization with Masteller & Moler Tnc., for engineering services related to the Route 4 project for the extension or a ] (¡" water main and I 6" force main through the proposed Waterstone/Emerson Estates project in the amount 01'$2] C>,950.00. B. Holiday Pines Water Treatment Plant- Work Authorization Concentrate Disposal Relocation Permitting Phase I - The Board approved the Work Authorization with Camp, Dresser & McKee for engineering services related to the Holiday Pines Water Treatment Plant concentrate disposal relocation permitting-Phase I in the of $1 (),4RO.OO. C. Holiday Pines Water Treatment Plant- Work Authorization Disinfection System Conversion - The Board approved a Work Authori/',ation with Camp Dresser & McKee Tnc., for engineering services related to design, permitting and construction site visits lor the disinfection system conversion at thc Holiday Pines W;¡ter Treatment Plant in the amount of$14,480.00. D. Holiday Pines Water Treatment Plant Expansion- Work Authorization- Preliminary Engineering Analysis- The Board approved the Work Authorization with Camp, Dresser and McKee, Inc., for engineering services related to the Holiday Pines Water Treatment Plant expansion preliminary engineering analysis in the amount of $36,490.00. REGULAR AGENDA :'i.A Pl JBLlC WORKS (2-12(¡) Engineering Division- Indian River Estates Street Lighting District- Public Hearing to add additional lighting- stall recommends the Board approve Resolution No. 05-006 amending the Indian River Estates Street Lighting District for the addition of one light. It was moved by Com. Coward, seconded by Com. Crall, to approve Resolution No. 05- ()()(¡, and; upon roll c;1I1, !11otion carried unanimously. 6. COUNTY ATTORNEY (2-348) Proposal for Consulting Services- Emergency Shelter Impact Fees- Consider staff recommendation to approve the Proposal and authorize the Chairman to sign. It was moved by Com. Craft, seconded by Com. Smith to approve staff recommendation and approve the proposal ;Iuthorizing [he Chairman to sign, and; upon roll call, motion carried unanimously. 7. PUBLIC WORKS 1~llgineering )ivisioll- IIHli;1I1 River I }rive Shorelille Res!ur;lIioll (1IIIITll·;lIll' .k;llllll' I }alll:lge) Work /\lllhori/',allollllllhL' ('o;lsl;tll':llgilleL'I'illg l'Olltr;ll'I witll T;I}'lo Engineering- Consider stall recommendation to approve the Work Authorization for the continuation of coastal engineering in the amount of$26,920.00 and authorize the Chaimlan to sign. It was moved by Com. Coward, seconded by Com. Smith, to approve the Work Authorization for the continuation of coastal engineering in the amount of $26,920.00, and; upon roll call, motion carried unanimously. 7 '-' ..."", My name is Helcn Dufais. I have been employed by an Aluminum Company for the last 10 years. I prepare, submit, and pick up building permits. As you can imagine, we are very busy. I am here to plead with YOll to grant the Bldg. Dept. the funds they are requesting. i am sure you are mvare of the long, long waiting lines in that Jl:pl., 3,- 4, & 5 hour waits are the nonn. 1 noticed in my hours and hours of waiting in line every day that many home owners that want to do their own re-roofing come to the Bldg. Dept. completely unprepared. They have no clue what is expected (ì'om them. Forms need to be filled out, signed, and notarized. N.O.C., engineering, and product approval sometimes. Consequently, when they finaIly make it to the window, the girls have to assist them with tilling out the forms and notarizÍng them. If they need a N.O.C., they have to get that certified at the clerk of courts office or sometimes somebody from the clerks office is in room 101, and they can go there. If that happens they have to go back in line. What a waste of time. T have a few suggestions: 1) Place a list of what people need in the Newspapers. 2) Rc-open room 101 just for owner-builders and roof permits. r f that is not possible, have at least I window or even a table with one person to help '-" .." these homeowners with their paperwork. Think about it, contractors don't have time to stand in line for hours, so they are now hiring people such as me to stand in line evel)' day. They are paid by the hour, so the cost is added to the cost of the permit which alone can run into hundreds of dollars. Finally, I again plead with you. Grant the Building Dept. the funds to improve this situation. Also keep in mind the hard working staff at that dept. they are the hardest working people I have ever met. With all the stress and pressure they are under (slow, computers and disgruntled customers), they are always patient and pleasant and ready to assist. So I ask you respeçtf4~ly to give a raise to every one of them. They greatly d,,~orvc it. i'J.tank you for giving me this opportunity to presef\~ n?-Y ideas. Dcnnis Buford President Rick Hope First Vice Presiclent Joe Staniewicz SecolHl Vice Pcesidl'ltt Jeff Dougherty '¡re:tsllcec Stephcn Shields Senel:try VeI'n "'Hllson 11I1I1H'dl"I<' 1'"" I'I('S¡d"1I1 Gail Kavanagh ':xeCIlI1\'e Vice Pcesiclelll 772/'Í(.'Í·1!122 SI 1.11t It' 77ll.U(, tlllJ. :;, 1,111 II) J\ 1.111111 77112H7·77(),) 1\(;111111 772/S62·1!212 11,,11;111 1{IV('f 772/'Í(,I-'Í05'Í F:tx @)NAHB '-" Building A Better Tomorrow. ...., MARTIN· ST. LUCIE 'INDIAN RlV£R T R I ~ ^ S l J R I': C () ^ S T B l J I L ) I ~ R S ^ S S () (' I ^ï ï () N .J:lJluary 10. 2005 Board of County Commissioners St. Lucie County 2300 Virginia Ave. Ft. Pierce, Florida 34982 Re: St. Lucie County Building Department Dear Commissioners, Treasure Coast Builders Association would like to express the l"eL:lings olïts more than 1100 member firms about the ddays experienced in submitting plans to the Building Department as well as all other aspects of the Building Department process. We understand the recent hurricanes plus the unusual amount of construction activity has slowed down the services of the department. We also fccl that the "enterprise fund" by which thc department is financed by should be well endowed at this time. We feel whatever steps are necessary to speed up the performance of the department should be undertaken as soon as possible. Please consider any and all suggestions that might improve the current system. Sinccrely. ,:0(:1 ¿ ~fO~4-4>él'V Cìail Kavanagh. Executive Viœ President Treasure Coast Buikkrs Association (¡5()() South Federall-lighway · Port SI. Lucie, Florida ]41)52 1~-lI1ai I: in '()(lI\ /'l'aSlIlù·oaslha.l'IHll nœ Wl'hsill': www.lrl.aslln.·l.!)asl harol1l "-" ...." 8. ADMINISTRATION (2-833) Legislative Funding/Community Budget Issue Request (CBIR) Authorize the County Administrator to submit the six CBIR requests as follows: I) Emergency Operations center/specialnœds shelter 2) Hazard Mitigation grant program funding 3) Treasure Coast Regional Biosolids management facility 4) Indian River Drive Restoration Project Phase 2 5) South 26th St. Wastewater Collection System Ú) Orange Avenue widening-Kings Highway to Okeechobee County It was moved by Com. Coward, seconded by Com. Craft to approve the submission orthe six CBIR requests, and; upon roll call, motion carried unanimously. 9. CULTURAL AFFAIRS Cultural Affairs Council Vacancy- Consider staff recommendation to select one appointee from the candidates submitted. Upon tally of the votes Mr. Oscar Bravo was appointed to the position. l INA( ìl~N()A() Tlte ('utlllly Adlllillislr;¡lor ;¡dvised lite Board lhat slalTwil1 he visiting tlte Sk;lll'I()WII facility during certain hours to measure noise levels. I-Ie advised the Board he had spoke with Mr. Stewart, owner of the facility and stated he expressed iì-ustration and was having discussions with the Fire Department. The County Administrator stated he would contact the Fire District to find out why the Fire District is having discussions with Mr. Stewart and bring the information back to the Board. There being no further business to be brought before the Board, the meeting was adjoumed. Chainnan Clerk orCircuit Court 8 ~ '-' '....,/ ITEM NO. RAt AGENDA REQUEST DATE: January 18, 2005 REGULAR [XX] ADDITION PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Ro bert O. Freeman I Esq. Bond Counsel SUBJECT: Resolution No. 05-040 - Extension of the Maturity Date of the County's Improvement Revenue Note, Series 2004 (Land Acquisition) BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve Resolution No. 05-040 as drafted. Approved 5-0 CONCURRENCE: ¿¿ . /Douglas Anderson County Administrator COMMISSION ACTION: [~APPROVED [ ] DENIED [ ] OTHER: County Attorney: ;1(:/ V Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for Copy only, if applicable) Eff. 5/96 SSQUlRE ~DER5 '-' LEGAL COUNSEL WORLDWIDE SQUlRE~ANDERS & DEMPSEY L.L.P. MEMORANDUM To: Chairman and Members of the Board of County Commissioners of St. Lucie County, Florida From: Robert O. Freeman Date: January 14,2005 Re: Proposed Resolution to Extend Maturity Date for Improvement Revenue Note For Land Acquisition The attached Resolution 05-040 simply allows for the modification of loan documents to extend the maturity date for the Improvement Revenue Note, Series 2004 (Land Acquisition), dated May 5, 2004, authorizing the County's $10,000,000 line of credit for acquisition ofland for the research and education center. The Financial Advisor has recommended the extension to allow for consideration of consolidation of requirements of other environmentally sensitive land borrowings. ~ .ì . '-' 'wi RESOLUTION NO. 05-040 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, PROVIDING FOR THE EXTENSION OF THE MATURITY DATE OF THE COUNTY'S IMPROVEMENT REVENUE NOTE, SERIES 2004 (LAND ACQUISITION), DATED MAY 5, 2005; AUTHORIZING FURTHER ACTION IN CONNECTION THEREWITH, INCLUDING AMENDMENT OF THE LOAN AGREEMENT BETWEEN THE COUNTY AND SUNTRUST BANK; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Authority for this Resolution. This resolution is adopted pursuant to the provisions of Chapter 125, Part I, Florida Statutes, as amended, Ordinance No. 87-77 of the Board, as amended, and other applicable provisions oflaw (the "Act"). Section 2. Findings. It is hereby found, declared, and determined by the Board of County Commissioners (the "Board") ofSt. Lucie County, Florida (the "County"), as follows: (A) The County, pursuant to Resolution No. 04-134, adopted by the Board on April 13, 2004, entered into a Loan Agreement with Sun Trust Bank (the "Bank"), dated May 5, 2004 (the "Loan Agreement"). Pursuant to the Loan Agreement, the Bank loaned funds to the County in the fonn of a line of credit in an amount not to exceed $10,000,000 (the "Loan"), to acquire land for a new research and education center within the County and the County delivered a promissory note ("Note") to the Bank as evidence thereof. (B) The Board finds it necessary and desirable and in the best interest of the health, safety and welfare of the inhabitants of the County to extend the maturity of the Note to June 1, 2005, and the Bank has agreed such extension. Section 3. Amendments to Loan Agreement. (A) The maturity date of the Loan is hereby amended to be June 1,2005. (B) All references to the maturity date of February 1, 2005 in the Loan Agreement and the Note are hereby amended to be June 1,2005. Section 4. Remaining Provisions Unaffected. The remaining provisions of the Loan Agreement and the Note shall remain in full force and effect. .. , , .. 1 \wf "wi Section 5. Severability. If anyone or more of the covenants, agreements, or provisions of this resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall' for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions hereof, and in no way affect the validity of al1 other provisions of the Loan Agreement or this resolution. Section 6. Effective Date. This resolution shal1 take effect immediately upon its adoption. Passed and Adopted this 18th day of January, 2005, at a regular meeting duly called and held, ST. LUCIE COUNTY, FLORIDA (SEAL) By: Chair, Board of County Commissioners ATTEST: By: Clerk of the Circuit Court, Ex-officio Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: County Attorney 2 y AGENDA REQUEST '*'" ITEM NO. SA DATE: January 18, 2005 REGULAR [ ] PUBLIC HEARING [XX] CONSENT [ ] SUBMITTED BY(DEPT): ENGINEERING DEPT PRESENTED BY: ~:þ I Michael P=E. County Engineer TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Grey Twig Lane M.S.B.U. - Second Public Hearing Potable Water Improvements - PSL Utilities BACKGROUND: See attached memorandum FUNDS AVAIL. (State type & No. of transaction or N/A): N/A PREVIOUS ACTION: August 14, 2001 - Board accepted the petition and granted permission to advertise the Initial Public Hearing. September 18, 2001 - Initial Public Hearing held. Board created MSBU and authorized County Engineer to proceed with project. December 14, 2004 - Board granted permission to advertise second public hearing RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 05-007 to levy a non-ad valorem special assessment on the Grey Twig Lane Municipal Services Benefit Unit; approve the attached preliminary assessment roll; approve funding the project through the In-House Revolving Loan Fund, and authorize staff to proceed with construction of the project. Approved 5-0 CONCURRENCE: / ¿ M. Ande;;'n County Administrator COMMISSION ACTION: [}1. APPROVED [] DENIED [ ] OTHER: CoordinationfSianatures [x]Mgt. & BUdget~ fhhl q [x ]Co. Eng MV P [ ]Purchasing ~ r~ [x]MSBU Coor [x]County Attorney CO~ISSION REVIEW: January 18, 2~ ENGINEERING MEMORANDUM TO: FROM: DATE: SUBJECT: Board of County Commissioners Michael Powley, County Engineer MVP January 3, 2005 Grey Twig Lane M.S.B.U. - Potable Water Improvements ( PSL) Second Public Hearing BACKGROUND In 2001, residents on Grey Twig Lane submitted petitions to St. Lucie County to create a special assessment district for the purpose of providing a public water/fire protection distribution system. On June 28, 2001, an informal meeting was held with the residents to explain the MSBU process, preliminary design, and to provide the residents with a rough estimate of the project cost. On September 18, 2001, the St. Lucie County Board of County Commissioners created the Grey Twig Lane Municipal Services Benefit Unit (the "Grey Twig Lane MSBU) and authorized the design, permitting and bidding of the Project. Due to a higher construction cost than initially proposed (construct improvements within the paved travelway to preserve oak trees located within the grassed swale area), county staff held two additional informational meetings (October 3, 2002 and March 19, 2003) to discuss the project cost and design, and to determine if there was adequate support to continue with the project. Fifty-two (52%) of the residents still supported the project, therefore, staff proceeded with the final design, permitting and bidding process. The project design and permitting is complete, and bids have been received. The assessment amount is ten (10%) percent higher than the previous amount discussed. However, with an average 25% increase in construction costs over the past year, staff feels the bid amount is reasonable. A ten (10%) contingency is included in the cost, and if not utilized, the final assessment amount will be adjusted accordingly. The subject assessment amount reflects funding the project through the County's In-House Revolving Loan Program to lower financing costs. Additionally, the County would resurface the paved roadway at no cost to the residents. On November 18th, the property owners were notified by mail of their tentative assessment and that the Second Informal Meeting would be held on December 2nd to discuss the project. County staff and PSL Utilities representatives were on hand to discuss the construction design, preservation of the oak trees, the method of assessment and tentative project cost. The method of assessment for this project is based upon the "Equivalent Residential Connection" (ERC) method, which means an equal charge per residential connection. The total project cost is $170,991.20. The total assessment amount levied is $224,112.00, including interest, tax collector fees and allowances for early payment discounts. If prepaid, the discounted assessment amount per ERC is $7,434.40. The Project would be financed through the County's In-house Revolving Loan Fund for a period of ten (10) years. The assessment will be billed, beginning with the 2005 property tax roll. '-' "wi RECOMMENDATION Staff recommends that the Board adopt Resolution No. 05-007 to levy a non-ad valorem special assessment on the Grey Twig Lane Municipal Services Benefit Unit; approve the attached preliminary assessment roll; approve funding the project through the In-House Revolving Loan Fund, and authorize staff to proceed with construction of the project. Attachments (1) resolution cc: Staff Concurring Tax Collector Property Appraiser '-" ....." RESOLUTION NO. 05-007 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA; DETERMINING THAT THE PROPOSED SPECIAL ASSESSMENTS FOR THE GREY TWIG LANE MUNICIPAL SERVICES BENEFIT UNIT TO FUND THE COST OF A PROJECT TO PROVIDE POTABLE WATER IMPROVEMENTS TO PROPERTIES WITHIN THE GREY TWIG LANE MUNICIPAL SERVICES BENEFIT UNIT ARE JUST AND RIGHT; APPROVING AND CONFIRMING THE PRELIMINARY ASSESSMENT ROLL BASED ON THE EQUIVALENT RESIDENTIAL CONNECTION METHOD OF ASSESSMENT; LEVYING A NON-AD VALOREM SPECIAL ASSESSMENT ON THE REAL PROPERTY WITHIN THE GREY TWIG LANE MUNICIPAL SERVICES BENEFIT UNIT BASED ON THE APPROVED ROLL; AUTHORIZING COLLECTION OF THE SPECIAL ASSESSMENT BY THE UNIFORM METHOD OF COLLECTION; AUTHORIZING THE COUNTY DIRECTOR OF ENGINEERING TO PROCEED WITH THE PROJECT AND PROVIDING AN EFFECTIVE DATE WHEREAS, on September 18, 2001, based on the petition of seventy-four (74%) percent of the landowners pursuant to Chapter 1-13.5 of the St. Lucie County Code of Ordinances (the "Code"), the Board of County Commissioners for St. Lucie County (the "Board") adopted Resolution No. 01-204 which created the Grey Twig Lane Municipal Services Benefit Unit (the "Grey Twig Lane MSBU") to levy non-ad valorem special assessments based on the equivalent residential connection method of assessment to fund the cost of a project to provide potable water improvements to properties within the boundaries of the Grey Twig Lane MSBU in unincorporated St. Lucie County, Florida (the "Project"), and authorized the St. Lucie County Director of Engineering (the "County Engineer") to proceed with the Project pursuant to the procedures set forth in Section 1- 13.5 of the Code; and WHEREAS, on January 18, 2005 pursuant to Chapter 1-13.5 of the Code and Chapter 125 and Section 197.3632, Florida Statutes, the Board held a duly noticed and advertised second public hearing to consider propriety and advisability of the Project and to act as an equalizing board to consider the comments of affected land owners and other interested persons concerning the preliminary assessment roll for the Grey Twig Lane MSBU, proof of publication of the public hearing is attached as Exhibit "A"; and WHEREAS, after considering the comments of all interested persons, the Board has determined that the special assessments as set forth on the preliminary assessment roll for the Grey Twig Lane MSBU, attached hereto as Exhibit "B", are just and equitable. -1- '-' "wi NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: The boundaries of the Grey Twig Lane MSBU which include the real property to be specially assessed to fund the cost of the Project is hereby approved as shown on the attached Exhibit "C". Section 2: The Project to be funded by a non-ad valorem special assessment levied by the Grey Twig Lane MSBU is to provide potable water improvements to properties within the Grey Twig Lane MSBU in unincorporated St. Lucie County, Florida. Section 3: The method of assessment for the potable water improvements shall be based on the equivalent residential connection method of assessment such that each property within the Grey Twig Lane MSBU shall share equally in the cost of the potable water improvements and that the amount of the assessment does not exceed the benefit to the properties derived from the improvements. Section 4: The preliminary assessment roll (Exhibit "B") for the Grey Twig Lane MSBU is hereby approved and confirmed and the assessment shall stand as a lien against the benefitted properties until satisfied. Section 5: A non-ad valorem special assessment (the "Special Assessment") in the total estimated amount of $224,112.00 which includes interest, tax collector fees and allowances for early payment discount, to fund the Project as shown on the plans and specifications prepared by the County is hereby levied on the real property within the Grey Twig Lane MSBU (Exhibit "C") in the amounts set forth on the preliminary assessment roll attached as Exhibit "B". Section 6: The Special Assessment shall be collected by the uniform method of collection pursuant to Sections 197.3632 and 197.3635, Florida Statutes, as authorized by Chapter 1-13.5 of the Code beginning in November 2005 for a period of ten (10) years. Section 7: The County Engineer is authorized to continue with the Project. Section 8: Upon the completion of Project, the County Engineer shall report the actual cost to the Board, and the Board shall confirm a final assessment roll with such adjustments as may be necessary in accordance with the provisions of Chapter 1-13.5 of the Code. -2- '-' "'wII Section 9. This Resolution shall be effective upon adoption. After motion and second, the vote on this Resolution was as follows: Chair Frannie Hutchinson XXX Vice Chairman Doug Coward XXX Commissioner Paula Lewis XXX Commissioner Joseph Smith XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED this 18th day of January, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: . County Attorney -3- .. '-' EXHIBIT "A" PROOF OF PUBLICATION -4- 'wi ... :J aI IJ ::II! . W ¡o z !: :5 !!! C) ~ ~ > W II:: C) ..J ..J o J!I II:: c I- GI Z E W GI ::II! > IJ e IJ Q. ~ .5 IJ .. c( .¥J ~ ~ c( GI Z :is i ~ ¡¡¡ Q. II:: Q. 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I\) _ U8:-1, '" c.. - _ '" ð 162.5 è5. 152.61 ,- _ -;- :.. 135.12 (4/J-00/4 (,"f/J-OOO/i 2. )\3,- ;~ [ - -, -: a -OOO/IJ a g,-OOO/7J~ ~ - - ~ .~ i8 I ~ : 162.5 ::, 157.94 1 128.31 Õ -1.f2.54 ... (4/4-0004 : .: (1/~.-OOO3~ IQ -- ~ _-,~ ~' - ,-",-: ~ l5 -OOO/IJg .' gj.{JOO/4Jo ., N '" I o 162.5 . è5 .50 ,. "':R.IO .... IJ3:!1S { 4/4 . . - 1&3.28 , - I gàxJs- ..s. J. r - -, f F~ ': 't,' ~ 't ooo/Bl' .¡Q(4t4!oooZg 'J2~.'~ ~ ,__ ~ ./. ~~ ~~ ..a.~_ ~X __. ~ ~~ _ 195.12 f ,',~ ,. ': ~- ~~". ~ .~ . '" ~ ~ III '. p,.... . ~2J ..~ ·z CIO"'IJI t· .. ¡¡;'~ .11 (T1 ,,-,' :.- 0 v- n~ -oIJ:' 121' Ö: "_ ~Qo~~ !'~ "t.\ ". _ ·31 r = ~ ~ ~ I. .. 1 GO\ . ~S.!...< I _ I' 0, 14.Ut ~~~;;; M 119~:7JNZ ->c- ~.i"'" NCD I'§-,f ';21J ~~;..g ¡;¡ f If' ., i ' -~ . 111- ~ ~~.t:Z c 14Q.QJ _ - , 0 _ ~::: : 0 II C ~...... ð -,.;¡ I ð G;ð . ~..,. .......... ~ p " VI I C 'I' . 1111 ''''60 J21 ~ 50 196.J3 '" 12t.5;t . to ï - - -. to) .. I 11'1_ I .. '1+i.22 - - - - . j. I ''''' to) :s: 01 r ... ø. to> _125.50 0 :---- '~ t.- I 't '1211.01 - -- ~I ,-' ¡;¡I , 1125:1: X--ço \11 .J" }j 1 DRIVE' .. . , . . .- 330 126.86 -6- 11518 244.015 ..... ~ - ~§ ¡;>§ "- '= a " - "' ( I I .245 " )15 -- .280 ..... ~ ~~ { - \ I ... J ~ ~§ ð ( I I 1 "- I I 111 \ -- _/ .net ,"' . . . : o' . . 150 ÒäIliO_ ~..... t..¡ '0;: ~ ~ g~ o. 1'0' 0 In ." : ,0 I t..¡'" c: '" ~. 8 I 1160 8:~ ~ ~ -1150 : 95 . I ,- ~:l h ;[ ... 8~ ~ 1 .r f-- . I '. .f'--'- : ·'&0' 1- : ¡: I: I I I I :I I I I I :I I~ "6 I~ '" /.150 f: I I L L . ~ ~o: ~ f 1': r- . ~. I I» .. I o· ../49 f80' f I ... IQnl~ - I I I _ I GO . !" ;;3 I. oø is ÌD ... - .... o U. '" . . U' . .. ,. ~ ""'" ITEM NO. 58 DATE: January 18, 2005 AGENDA REQUEST REGULAR { } PUBLIC HEARING {X} CONSENT { } TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Environmental Resources Division Amy Mott, Env. Regulations Supervisor SUBJECT: Consider Draft Ordinance 05-007 (formerly known as Draft Ordinance 04-008), amending the St. Lucie County Land· Development Code by amending Chapter 6.00.00 Vegetation Protection and Preservation to provide for a series of general amendments updating, clarifying, and amending the County's Vegetation Protection and Preservation Standards and regulations; and amending Section 11.05.06 Vegetation Removal Permits to provide for clarification of the procedures in regard to the issuance of a Vegetation Removal Permit. BACKGROUND: On March 16, 2004, the Board directed staff to reauthorize the Environmental Advisory Committee via Resolution 04-020 to advise the Board on Environmental matters. On April 21, 2004 the Environmental Advisory Committee met for the first time to consider amendments to Chapter 6.00.00 Vegetation Protection and Preservation and 11.05.06 Vegetation Removal Permits of the St. Lucie County Land Development Code. The EAC and several members of the development community have met seven times to consider changes to these sections of the Land Development Code. The changes are presented in the underline/strikeout method. The final proposed changes were presented to the Planning and Zoning Board on October 20, 2004. The Planning and Zoning Board voted 5-1 to recommend approval of the proposed changes to the Board of County Commissioners. On December 21, 2004 the Board held the first of two required public hearings to discuss this matter. Please see the attached memorandum for a complete listing of proposed changes. FUNDS AVAILABLE: NA PREVIOUS ACTION: NA RECOMMENDATION: Staff recommends that the Board approve Draft Ordinance 05-007 (formerly known as Draft Ordinance 04-008). - -------_.--- --- COMMISSION ACTION: (~ APPROVEº__lJ-º~NIED_ ( ) OTHER Motion to approve Draft Ordinance No. 05-007 with two specific amendments, the Ag exemption which is 60003 D2 moving the 3 ye~rs to 4 DO NDERSON and also adding the language outlined by the County Attorney regardmg the COUNTY ADMIN ISTRA TOR variance waiver procedure, and on page 13, 3BIA to add to additIOnal flexibility language to read "or 50 acres whichever is less". Vote 4-1 County Attorney ~ç~mm. Hutchinson - No) Mgt. & Budget ( ) Purchasing ( ) Originating Dept. (X) ~, Growth Management (X) ~~4'~ (/--¡-- · _..1 ,. ~ PUBLIC WORKS DEPARTMENT ENVIRONMENTAL RESOURCES DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Environmental Resources Division DATE: January 11, 2005 RE: Draft Ordinance 05-007 (formerly known as Draft Ordinance 04-008) 2nd Public Hearing This is the second public hearing of Draft Ordinance 05-007 (formerly known as Draft Ordinance 05- 007) before the St. Lucie County Board of County Commissioners. Attached is Draft Ordinance 05-007 (formerly known as Draft Ordinance 05-007), showing all of the revisions in an underline/strikeout method. The Environmental Resources Division has worked closely with the Environmental Advisory Committee and fully supports these recommended changes. We feel that these revisions make the chapter much easier to read and understand and will not be open to different interpretations like the previous version. The addition of a variety of mitigation .compliance methods will allow a developer to select a method most suitable to their particular site, while still providing a balance or compensation for the impacts to the trees and other native vegetation. If any of the SOCC members should have any questions prior to the January 18th meeting, please contact ERD staff at 462-2526. Thank you for your thorough review of this ordinance. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 1 ~ ...., ORDINANCE NO. 05-007 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING CHAPTER 6.00.00 VEGETATION PROTECTION AND PRESERVATION TO PROVIDE FOR A SERIES OF GENERAL AMENDMENTS UPDATING, CLARIFYING AND AMENDING THE/COUNTY'S VEGETATION PROTECTION AND PRESE;RVJ\'110N STANDARDS AND REGULATIONS; ......t\NO·...........·.·AME;NpING SECTION 11.05.06 VEGETATION REM()VAL PERMIT§"T() PROVIDE FOR A CLARIFICATION OFTHE PROCEDl.JRES1", REGARD TO THE ISSUANCE OF AVE;GETATION REM()VAI.. PERMIT; PROVIDING CONFLICTING PROVISIONS; PROVIDING FOR SEVERAI3ILITY;PROVIDING FOR APPLICABILITY; PROVIDING·iFOR .FII..IN~VVITH THE DEPARTMENT OF STATE; PROVI[)ING F9R.t\NEffECTIVE . DATE; PROVIDING FOR ADOPTIONANDPROYID1NG FOR CODIFICATION WHEREAS, the Board of County CommìssiÒhersçf§t.i.Luciè County, Florida, has made the following determinations: . 1. On August 1 ,1990,the. Bo~rd ofCoLJnty ComqÜssioners of Sf. Lucie County, Florida, adoRtêcfthe Sf. LUcie CountyÇand DeveloRment Code. ^. .." ,.,.".,,, ~ 2. The Board of County Commissioners has adoRted certain amendments to the Sf. Lucie County Land Development Code, through the following Ordinances Ordinance #05-007 Draft #2 ..... 91~003~. 91~021 ~ 93-00 1 ~ 93-005 ~ 93-007 - 94-018 - 95-001 - 97-001 - 97-003 - 99-002 - 99~004 - . 99-015 - . 99-017 - 00-010 - 00-012 - 01 ~003 - 02-009 - 02~029 - 04-002- March 14, 1991 November 7, 1991 February 16, 1993 May 25, 1993 May 25, 1993 August 16, 1994 January 10, 1995 March 4,1997 SeRtember 2, 1997 April 6, 1999 . August 17,1999 July 20, 1999 September 7, 1999 June 13, 2000 June 13, 2000 December 18, 2001 March 5, 2002 October 15, 2002 January 20, 2004 91-009 - 92-017 - 93-003 - 93-006 - 94-007 - 94-021 - 96-010 - 97-009 - 99-001 - 99-03 - 99-005 - 99-016 - 99-018 - 00-011 - 00-013 - 02-005 - 02-020 - 03-005 - May 14, 1991 June 2, 1992 February 16, 1993 May 25, 1993 June 22, 1994 August 16, 1994 August 6, 1996 October 7, 1997 February 2, 1999 August 17, 1999 July 20, 1999 July 02, 1999 November 2,1999 June 13, 2000 June 13, 2000 June 24, 2002 October 15, 2002 October 7,2003 Last printed 1/12/2005 11:12 AM___________ __________ ___________ Underline is for addition Strike Thr~l gh is Jor deletion Page 1 PRINT DATE: 12/14/04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 '-' .."" 3. On April, 15, 2004, August 19, 2004, and 0 ctober 28, 2004 the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least ten (10) days prior to the hearing and recommended that the proposed ordinance be approved. 4. On December 2 1, 2004, this Board held its first public hearing 0 n t he proposed ordinance, after publishing a notice of such hearing in the P rt St. Lucie News and the Tribune on December 11, 2004. 5. On January 18, 2005, this Board held its second p ordinance, after publishing a notice of such heari the Tribune on January 3, 2005. 6. The proposed amendments to the St. Lu . consistent with the general purpose, Lucie County Comprehensive Plan an and public welfare of the citizens of St. ring on the proposed St. Lucie News and ent Code are of the St. h safety NOW, THEREFORE, BE IT ORDAI County, Florida: PART A. THE SPECIFIC AMEN TO READ AS FOL" LAND DEVELOPMENT CODE CHAPTER VI OTECTION STANDARDS 6.00.00 PROTECTION AND PRESERVATION 6.00.01 It is the intent of the Bo of County Commissioners to provide for the health, safety, and welfare of the residents of and visitors to St. Lucie County by establishing an administrative review process which encourages preservation of native habitat, and lom:l-term sustainabilitv of our urban forest in accordance with the St. Lucie County Comprehensive Plan and beneficial land and forest management practices by minimizing the unnecessary removal of valuable existing vegetation in advance of approved land development within t he unincorporated area 0 f S t. Lucie County. H earthy veaetation r educes a ir and noise pollution. provides for the production of oxvaen and seauesterinQ of carbon dioxide. provides enerQv-savina shade and coolinQ. furnishes habitat for wildlife. enhances aesthetics and property values. and is an important contributor to community imaQe. pride. and Qualitv of life. In addition, it is the intent of -------------------------------- Underline is for addition StAke Tl:1r.eygl:1 is for deletion Ordinance #04-Q08c Draft #2 Page 2 PRINT DATE: 12/14/04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 '-" ....., the Board to prevent such destructive land development practices as speculative grubbing veaetation removal and clear cutting of land without a site plan or vegetation management and mitiaation plan. 6.00.02 RELATIONSHIP TO OTHER SECTIONS OF THIS CODE A. The provisions of the following Sections shall supersede the provisions of this Section to the extent of conflict. A. 1. Mangrove Protection, Section 6.01.00; 2. Environmentally Sensitive Lands, Section 6.02.00. 3. Wetland Protection 6.02.03 4. Coastal Area Protection 6.02.01 5. Shoreline Protection 6.02.02 6. Habitat of Endan ered and Threatened S eciØ' >6. 6.00.03 NOTICE OF VEGETATION REMOVA No person shall on any lot or parcel of land or portion thereof without first obtaining a Works Director, or his designee GeGe. The completed in conformance with Se be defined as native vegetation. T 'on Removal application shall be otected vegetation shall include oval a roval include: 1. 2. B. entities, including all departments of St. Lucie requirements of this Section. Public entities, s under Section 11.12.00 of this Code; or C. ion may be suspended or waived by the Public Works Director, or his iod of emergency officially declared by the Board of County D. The followina a ities shall reauire no official notification to the Public Works Director. or his desianee: 1. Preserve and Parks Manaaement Activities. Veaetation removal activities associated with an adoDted manaaement Dlan for aovernment maintained Darks. recreation areas. wildlife manaaement areas. conservation areas and Dreserves. The DurDose of the veaetation removal activitv shall be to Drotect and Dreserve the natural values and functions of the ecoloaical communities Dresent. such as. clearina for firebreaks. conductina Drescribed burns. or construction of fences. ----------Ün~rt~ë~for~dffioo---------- Strike Thr:eygl'l is for deletion Ordinance #04-00Bc Draft #2 . Page 3 PRINT DATE: 12/14/04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 '-' 4j O~/ 2. 3. 6.00.05(D). A. The removal activities: necessary for the following 1. etation necessa for a path not to exceed four r view necessary to conduct a surveyor site e development plans or vegetation inv~ntories; .;C~ tJN,t4. ¿~ Iá- ¿.&sj.-- ~ intended to result in the eventual death of the vegetation, mowing of yards or la·:ms, or any other landscaping or gardoning activity '",hich is commonly recognized as routine maintenance, roplacoment or relandsca :Jing. Gª-. The removal or altemtion of any protected native vegetation in an existing utility easement~ drainaae easement. storm water manaaement tract or facility. or right-of-way provided such work is done by or under the control of the operating unit of local. state. or federal aovernment. utility ----------Ün~rl~ë~fur~dWoo---------- StFike TRFeI;lQA is for deletion Ordinance #04-008c Draft #2 Page 4 PRINT DATE: 12/14/04 1 2 3 4 Q. 5 6 7 é.,. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ~.Q. 28 29 30 31 32 33 Gº. 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 L. '-' ......, company and that unit of local, state. or federal aovernment or utilitv company has obtained all necessary licenses or permits to provide ~ service through the easement. The removal er alteratien of any protected vegetation fer tho purpose of maintaining existing access to a site. The reme'/al or alteration of any protecte8 vogetation undertaken by a la'nful operating and bon3 fide commercial nursery, tree farm, agrisulturnl oporntion, r-anch, or similar oporation, pre'Jidod that tl:lo. removal er alteratie~ is pe~ormed on laRd oWFled or lal,iM!ly eccupied by the person conductlFlg the aÐove operation and 16 performed pursuant to t~,~;:o.,.J~.,eFation. When removal or . . .. '-""':~Y:':~¡%' .... sDme land within either: The removal of destroyed or dam of this chapter peril to life pr alleviate the tation, excopt mangro'.'o or dune '.'oget3tion or , upon any detached single family residential lot rea of one (1) acre or less. This exemption is, however, subject to I exempt any person from the landscaping requirements set Code; 2. ot be construed to allow the removal or alteration of any protected egetation Removal Permit on any exempted lot or parcel of land by its e subdivider intends in good faith to construct a residential unit or units rcel of land prior to its sale. Advertisement or listing the lot or parcel of land for sale wit a residential unit shall create a presumption that the subdivider does not intend to construct such a unit and that the intent is for a subsequent purchaser to develop the lot or parcel. 3. No protected native veQetation tFee twenty-four inches (24"), or greater, dbh shall be removed from any residential parcel (including those in the AG-5, AG-2.5, AG-1, AR-1, RE-1, and RlC zoning districts), regardless of parcel size, except for bona fido agrisultural uses, without an approved Vegetation Removal Permit and an approved mitigation plan. except that the The Public Works Director, or his designee may waive reduce the requirements for mitigation on -------------------------------- Underline is for addition StFike Tl1mugl1 is for deletion Ordinance #04-008c Draft #2 Page 5 PRINT DATE: 12/14/04 1 2 3 4 H. 5 6 7 t 8 9 10 Jg. 11 12 13 6.00.05 14 15 16 A. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 <. '-' "WI individual residential lots ~ acre or less where a protected tree 24" dbh or greater must be removed in order to provide for the reasonable use of the property. Vegetation removal or required by law, erdinanse, or the Javlful exercise of some othor public or governmental authority. Mining activities undertaken pursuant to a valid mining pormit issueE! under Section 11.05.11 of this Code. The removal or alteration of any non protested -native vegetation, CRITERIA PERMIT CRITERI/\ FOR ISSUANCE REMOVAL OF NAT The Public Works Director, or his designee, Development Director.. shall issue a Veget has been submitted to the Public Works DI sufficient evidence demonstrating that at least on application signee, and is a ompanied by ing criteria has been satisfied: 1. a. The proposed remo':al or ûltoratien ef J')retocted vegetation is not to be porformed pursuant to the operation of a tree farm, commercial nursery, agricultural operation, ranch or similar operation; and. b ª. The proposed removal er alteration ef protected native vegetation is the minimum nocessary to allow for the construction of the intended use or improvemont; and, ----------~~rl~ë~fur~drnoo---------- Strike Ttu=gygll is for deletion . Ordiñance #04-008c Draft #2 Page 6 PRINT DATE: 12/14/04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 B. 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 C. 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 ( '-' ..."", c b. The ap~lisant has pro':ided the Pl:lblis 'Narks Director, or his dosignee, a sl:lrvey of the pro~erty ol:ltlining the areas of pro~osed ·..egotation removal or alteration insluding the location of all trees as outlined in Sestion 11.0õ.Oê(2)(A)( '1 ). G. Q. The applicant has ~ro'/ideel tl:1e Public 'l'Jorks Direstor, or his designee a written plan to control erosion ·....hish may be expecteel to ocsl:lr as a result of the pro :)osed ':e€ etation alteration or removal. The orosion control plan must be appro'/ed by the Publis Works Director, or his designee prior to the paragraph. ð. , pedestrian routes. etation shall be limited by the to accomplish the purpose of g e of approval to portions of a lot or y which removal shall take place. Such limitation ached to the Vegetation Removal Permit. If t or parcel of land, the extent of such limitation site development plans. The application for onsistency with the requirements of Section tandar s for vegetation protection shall be applied to any area of be preserved under the terms of an approved Notice of Vegetation 1. suitable protective barrier, constructed of meta', wood, safety fencing or material, shall be placed and maintained around the perimeter of the protect area to form a continuous unbroken boundary. around individual protected trees. or Qroups of protected veQetation. or other protected areas. as follows: a. N. a minimum distance of six (€i) feet or more from all specios of mangro'Jes; or At a minimum distance of twenty-five (25) feet from all jurisdictional wetlands: or b. At a minimum distance of ten (10) feet from all reauired shoreline buffer zones as reauired in Sections 6.02.01 and 6.02.02. ----------Un~rl~ë~fur~dffioo---------- StFike Tt:1FÐblgt:1 is for deletion Ordinance #04-008c Draft #2 Page 7 PRINT DATE: 12/14/04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 i.. \..f ...., Ð,- c. At a minimum distance of either ten (10) feet from the edae of aroups or areas of protected veaetation or from the radius of the dripline from all protected hardwood trees, whichever is greater; or Er. At a minimum distance ef either ten (10) feet er the radius of the eripline trem 311 protested senifer tmes. whishe'ler is ¡ reater; or Q. As otherwise provided in special conditions attached to a Notice of Vegetation Removal Pefmit. pretected tree is the le'Nest. 2. 3. e removed or altered and clearing activities are area ide preserve under the issued Vegetation Removal orks Director, or his designee is authorized to direct t hat a III and tion work at the site be stopped until the barriers are restored and actions taken to repair or replant any vegetation removed or . e encroachments. ion preservation area shall be maintained in its natural state so as not nd oxygen content of the soil and üpSet impair its natural function. 5. ges or excavation of anv sort may be made within the vegetation rea that require trenching or cutting of roots, except in compliance with the terms 0 pecial conditions in an approved Vegetation Removal Permit. Ditching for unåergrouml irrigation and utility lines within '.'e ¡ etation protection areas shall be Elone in a W3Y that plant roet systems are pr-otesteEl to the ¡ reatest extent f)o&sible. !f underaround utilities must be routed throuah a protected root zone area. tunnelina under the roots shall be reauired. Irriaation shall be installed outside of the dripline of all protected trees. These modifications shall be based upon the suggested standards in the latest edition of the "Tree Protection Manual for Builders and Developers" published by the Division of -------------------------------- Underline is for addition Strike TI'lF9Y!lA is for deletion Ordinance #04-008c Draft #2 Page 8 PRINT DATE: 12/14/04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 D. 45 46 47 48 49 50 51 52 53 " '-' 'wi Forestry of the Florida Department of Agriculture and Consumer Services, or a similarly recognized reference manual. 6. No soil shall be removed from within a vegetation preservation area. 7. No fill material, construction material, concrete, paint, chemicals, or other foreign materials shall be stored, deposited or disposed of within a vegetation preservation area. 8. No signs, permits, wires, or other attachments, other than ose of protective and non- damaging nature, shall be affixed or attached to protecte tation. 9. If landscaping is to be installed within a vegetatio protective barriers or designations, installatio mashinery and hand labor unless use of Ii ht methodolo is a roved b the Public Wo 10. Any equipment, including passenger repaired within designated vegetatio 11. 12. 13. Pri9r to the removal and!or grubbing of native vegetation f-or the f)LJrpose of implementing a final deyelopment order, the removal plan mLJst demonstrate that reasonable efforts have boen made to mioro site impervious surfaoos t9 protect sush \'egetatien. Any nati':e tree or vegetation at least 12 8 inches in diameter at breast height (D.Q.H.), (except for or native palms ·....hioh shall have with a minimum slear truck of ten (10) foet shall be presorved and pr9teoted in accordanoe with Section ê.OQ.05(C), unless the treo is determined to be a safety hazard, prevents the reas9nable develof)ment of the site, is causing damage t9 strLJctures or ----------Un~rl~ë~furã~rnoo---------- Strike Tl1mygl1 is for deletion Ordinance #04-008c Draft #2 Page 9 PRINT DATE: 12/14/04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 '-" 'wII more desiraBle trees aroune it, is intestee with eisease or is infesteGf with insests. The applicant for vegetation remo'lal permit shall eeme"strate why the tree is a hazard, eiseased, infestod, ¡nfeEtee er why it is net praGtically feasiBle ts de'Jelop the ¡:Iarcel witho~t removing the tree. Tho Publis Works Direstor, er his desi€ nee, shall determine the a¡:lpre¡:lriateness of any sush claim. When a-native veaetation tree at least 12 8 ¡"Ghes, (exøept fer incluGfing native palms whish shall ha':e With a minimum slear trlJsk sf ten (10) feet), is sons¡deres tÐ be healthy meeting tRis the mitioation size thresholds in Table 1 below and the Publis \^Ierks Dirostor, or his designee has been approved for its removal based on meeting one or more the above standards, the Vegetation Removal Permit shall only be issued after an acce mitigation plan has been reviewed and approved by the Public Works Director, or his . Prior to the issuance of any zoning compliance, certificate of capacity or oth . ed authorization for the commencement of the permitted development activity, t nt tFee& veaetation shall be preserved, relocated, or planted, or the appropriate mi II be paid to the County. Onl native ve etation shall be allowed to meet ired m ·on. The re lacement veaetation shall be the same species as th~~~¡~}ch was remové'd~¡W,Î~I.ess proven to be impractical. in which case. an alternative nativ~~t~éêjes. approved bv the 'RtI!I!~ Works Director. or his desi nee shall be used. The uali ,;"'·size of the re lacement ftf's, shall meet the minimum landsca ere uirements set forth tion 7.09.0 ,&11' .L PECIES NAME ¡àxodium distichum Quercus laurifolia Quercus vir iniana Pinus elliotii var. densa MITIGATION SIZE 12" 12" 12" 12" 12" 12" 12" 12" 9" 9" 9" 9" 9" 9" ----------Ün~~~ã~for~dffioo---------- Strike Tf:1fal:lgl:1 is for deletion Ordinance #04-008c Draft #2 Page 10 PRINT DATE: 12/14/04 '-' ..., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 POP ASH RED BAY RED CEDAR RED MAPLE RED MULBERRY SAND PINE SCRUB HICKORY SEAGRAPE SWEET BAY WAX MYRTLE BUTTONWOOD CHAPMAN OAK CORALBEAN GRA Y1WIG HERCULES-CLUB INKWOOD IRONWOOD LANCEWOOD LOBLOLLY BAY MYRSINE MYRTLE OAK PARADISE TREE Fraxinus caroliniana Persea borbonia Juni erus silicicola Acer rubrum Morus rubra Pinus clausa Ca a floridana 10' c.t. 2. IJIGA TION OS Calclí"~¡fi Re uired Miti ation here mitiaation is reauired to compensate for the loss of native veaetation. meetina the minimum size thresholds outlined in Table 1. the replacement veaetation shall be calculated at a ratio of two inches D.B.H. replacement per one inch D.B.H. removed (2:1). (For examDle. removal of a 12" Slash Pine results is 24" reauired mitiaation) 2. Palm tree mitiaation shall be calculated at a ratio of one palm tree preservedlrelocated/planted per one palm tree removed (1: 1 ). Palm trees shall not be counted towards mitiaation of non-palm sDecies. (For examDle. removal of one Cabbaae Palm with a clear trunk measurina ----------Ün~rl~ë~~r~drnoo---------- Strike TI'IFÐY¡¡I'I is for deletion Ordinance #04-008c Draft #2 Page 11 PRINT DATE: 12/14/04 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 \..; 'WI 1 2 3 4 5 ten foot 0 r areater results in reauired mitiaation of 0 ne Cabbaae Palm with a clear trunk measurina ten feet or areater.) b. Calculatina Mitiaation Credit TABLE 2. a. Methods Of Mitiaationl Credit Ratios 6 7 8 9 10 11 On-site preservation On or off site planting 1:1 Table 2. b. Methods Of Mitigation On-site preservation 3. a. or his 3. The amount of mitiaation shall be planted on the development site usina the followina credit ratios. Table 3 DBH of planted native tree Ratio of credits granted towards required mitigation ----------Ün~rl~ë~for~dffioo---------- Str~ke Tl¡rÐ~gl¡ is for deletion Ordinance #04-008c Draft #2 Page 12 PRINT DATE: 12/14/04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 '-" ....." 10.5" - 1 0.5 plus" 1 :2 5"-10" 1 :1.5 2.5" - 4.5" 1 :1 {For example. if a 12" tree is planted. then 24 inches of credit are QrantedJ The reDlantinQ desiQn shall allow for adeauate root and crown develoDment. If this is demonstrated to the satisfaction of the Public Works Director. or his desianee. the develoDment site does not have thê!:caDacity to hold all of the reauired mitiQation. then: b. 1:. measure less than 15% of a The habitat Dreservation area shall be Dlatted in its entirety as arate tract or tracts. f. The habitat Dreservation area must be covered by a Conservation Easement dedicated to. or made in favor of. the County. 9. The habitat Dreserve area shall have "Preserve Area Manaqement and Monitorinq Plan" aDD roved by the County in order to ensure the continued. adeauate. a nd a DDroDriate manaqement of the site a nd the continued Drotection of the site from adverse imDacts. The Preserve Area Manaqement Plan shall be recorded in the public laRd records of the County and shall at a minimum identify the area covered by the Dlan. ----------Un~rl~e~fur~drnoo---------- Strike Thmygh is for deletion Ordinance #04-008c Draft #2 Page 13 PRINT DATE: 12/14/04 '-' ...." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 its ownershiD. and assianment of manaaement and maintenance responsibility. h. If the preserve area is identified in either the St. Lucie County Native Habitat Inventorv or the St. Lucie County Greenway's and Trails Master Plan. then all or portions of the above outlined auidelines may be waived with the approval of the County Commission. i. If the area proposed for preservation d~~~.... not aualify as hiah auality native habitat. a ~estorati~n plan m~y be,,~~!~itted includina 100% exotic removal. a. plantl~a plan Incorporatl~.2!lpODY: sub-can~py. and around cover.specles. Ninety percent sU~~!~!lt~ wIll be reaUlred of the plant matenals and shall be uara te ·¡t"as\¡y·· art of the "Preserve Area Mana ement and Monitorin P , preserves threl::lgh on site '3roteGtieA or releGation '.viii Gaunt towards any required palm tree mitigation requirement at a rntio of ene palm tree preserved/relocated is equal to one palm tree removed. The follolt:ing miti€ atien crec:lits shall apply to all other tree species: a. all native traes p::owetÐd on site that are in excess of the miniml::lm requirements of Section 7.g9.03(E) will count as a credit toward the requires miti€ ation of any protecteel trees that may be remeved as '33rt af the vegetation removal permit. Fer each inGh af a tree € reater than 3 inches D.B.H. that is '3reserved through on ----------Ün~rl~ë~fur~d~oo---------- Str:ike TRrellgll is for deletion Ordinance #04-008c Draft #2 Page 14 PRINT DATE: 12/14/04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 E. 47 48 49 50 51 52 53 '-' "",; site protection a sredit of one incf:! preserved for one inch removed will be granted towards any required mitigatien. b. all native trees r-aJesated on site, that exceeel the minimum reEluirements of Sestion 7.09.03(E), '""ill count as creGit towards the requires mitigation of any pretested troes that may be removed as part of the vegetatien removal permit. Fer each insh of tree greater than 3 inshes D.S.H. relocated on site, a credit of one inch relocated for one inch removed 'NiII be granted to\t:ards any roquired mitigation. anellabor; or 6. opment Order/Permit requiring the mitigation of his cOdè, erty owner shall submit to an inspection of the eserved materials 18 months after the issuance of a certificate of authorization as may be granted by the Public Works Director, or nty. If it is determined that the plantedlrelocated/ preserved isea otherwise not in compliance with the provisions of this Code pprove mitigation plan, the property owner shall be provided notice rrect any observed deficiencies and replace all noncompliant trees ilure to maintain all required mitigation shall be grounds for referral to ent Board for appropriate enforcement actions. The Public Works esignee is authorized to include within the building permit fee, adequate ver the costs of enforcing the requirements of this section. SUPPLEMENTAL REQUIREMENTS The Cemmunity Development Director Public Works Director. or his desiQnee may impose supplemental requirements as a special condition of a Vegetation Removal Permit when necessary to carry out the intent of this Section. These supplemental standards shall be based upon the suggested standards in the latest edition of the "Tree Protection Manual for Builders and Developers" published by the Division of Forestry of the Florida Department of Agriculture and Consumer Services, or a similarly recognized reference manual. ----------ünd~~é~fur~dffioo---------- StFike Threl:lgh is for deletion Ordinance #04-008c Draft #2 Page 15 PRINT DATE: 12/14/04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 '-' ....., ******************************* B. 11.05.06 NOTICE OF V A. GENER/\L PERMIT NOTICE OF 1. '1MY> vegetation from or on any úêie County without first obtaining Ic Works Director, or his designee of this Coae. 2. getation Removal Pefmit shall make written or his designee using forms provided by the , a8 preliminary Vegetation Removal with all site plans submitted in accordance with Section 11.02.00, "\'> shall be in substantial conformity with the this SI1#!gp, and Section 6.00.00 of this Code. A preliminary vegetation s not rèsult in an authorization to commence any vegetation removal or is intended to generally identify the communities on the proposed development site. Prior to the f any vegetation removal or alteration activities a formal Notice of oval Pefmit is required. 1. The application form shall be accurately completed, signed by the land owner or his agent and notarized. or in the case of electronic Dermittina. an electronic verification has been received. If the application is submitted by an agent, it shall include a notarized statement clearly indicating that the land owner has delegated full authority to the agent to apply for the permit and that the owner accepts any special conditions which may be imposed by the Public Works Director, or his designee pursuant to this Code. ----------ünd~~ë~furã~ffioo---------- Strike Thr.ough is for deletion Ordinance #04-008c Draft #2 Page .16 PRINT DATE: 12/14/04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 C. 44 45 46 47 48 49 50 51 52 53 - ------ '-' .~ 2. Each application for a Notice of Vegetation Removal PemHt shall be accompanied by a: a. Vegetation inventory which shows: 1. The approximate location, extent and general type of all vegetation on the subject lot or parcel of land, including common 9f and scientific names of the major groups of vegetation; 2. All protected vegetation proposed for eitherr moval or preservation; 2. The proposed buildings, structures, d . drawn to scale; and s, and other improvements 3. roject site, superimposed ill be impacted by the tion, relocation. or veQetation, that as of proposed irr,"p/"ovement and nt areas shall be shown on the nt, improvement areas shall include s, as identified in Section 11.02.10 5. at the application include such on of this Section. 5. 7. pplicatl shall be deemed to extend permission to the Public Works signee or his designee to inspect the subject site for purposes of lication. IONS FOR VEGETATION REMOVAL PERMITS 1. The Pu Works Director, or his designee shall review each Notice of Vegetation Removal PemHt Application and render a determination of completeness within two (2) working days of submission. If the application is determined incomplete, it shall be returned to the applicant with an identification of the areas in which a deficiency exists. Any application determined to be incomplete must be returned to the Public Works Director, or his designee within thirty (30) days of the date of notification of incompleteness. Any application not returned within that time shall be subject to the payment of a new application fee. ----------Ün~rl~e~for~dWoo---------- 8tfike nU:ÐIIgt:1 is for deletion Ordinance #04-Q.08c Draft #2 . Page 17 PRINT DATE: 12/14/04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 '-' """'" 2. Within twenty (20) days after an a pplication has been determined to be complete, the Public Works Director, or his designee, shall review the application and approve, approve with conditions or deny the application, based on the standards set forth in Section 6.00.05 of this Code. If no decision is issued within thirty (30) days from the initial date of submission of the application, the application shall be deemed to have been approved in accordance with the information provided in the application. D. PROCEDURES FOR ISSUANCE OF NOTICE OF VEGETATION REMOVAL PERMITS E. The Public Works Director, or his designee shall condu development site and upon determination of complia 6.00.00 of this code, shall issue an application appr Notice of Vegetation Removal Pef:mi.t shall be is his designee has verified compliance with the A Notice of Vegetation Removal P&fmit may nspection of the proposed the provisions of Section '. No Public Works Director, or tion 6.00.00 of this code. 2. Once issued, a Notice of Vegetation upon the subject site. 1. A Notice of Vegetation R valid for the term of the with the Final Developmen Final Development Order shall be d shall be renewed, as necessary, 2. inal Development Order shall may be renewed for a second st for al must be made in writing to the prior to the expiration of the peFFRit. aDDroval. If ee determines that site conditions have changed f the initial permit as a result of natural growth of ricane, tornado, flooding, fire, or other act of ation and full review. The determination of the r, or his e regarding the necessity for reapplication and within ten (10) working days of receipt of a written request for mination is not made within that period of time, the permit shall be s proved above, a Notice of Vegetation Removal P&fmit shall expire if the work authorized by the permit is not commenced within ~ after the date of the permit. 4. as provided above, a Notice of Vegetation Removal P&fmit shall expire void if authorized removal work, once commenced, is suspended, d, or abandoned for a period equal to or greater than ~ twelve (12) 5. If a Notice of Vegetation Removal P&fmit expires or becomes void after work has commenced, a new permit must be obtained before work is resumed. Any new application for a Notice of Vegetation Removal PeFffiit must comply with a II applicable standards in effect that the time of reapplication. F. VIOLATIONS ----------und~~ë~forã~rnoo---------- StFike TI:1F9ygl1 is for deletion Ordinance #04-008c Draft #2 Page 18 PRINT DATE: 12/14/04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 .' '-" '-' 1. If the Public Works Director, or his designee determines that any land development activity violates the terms or conditions of an issued Notice of Vegetation Removal PeFmit or the provisions of this Code, the Director may issue a Stop Work Order on the development site in question and process the violation for appropriate review and enforcement in accordance with Section 11.13.03 of this Code. 2. If the Public Works Director, or his designee determines that any land development activity violates the terms or conditions of an issued Notice of Vegetation Removal PeFmit, or was conducted in the absence of a require e of Vegetation Removal PeFmit, the Public Works Director, or his designee ct that remedial mitigation through new plantings relocations or prossr\'(]tien b for as follows: a. b. all meet the minimum landscape blic Works Director, or his designee ter than that setforth in Section 'rcumstances; c. o of four (4) inches D.B.H. per _each palm tree that is removed ent s at a ratio of GAe two palm t ree§ each palm removed. d. rovide adequate space for root and crown being developed is not appropriate for on-site mitigation, the igate oft site on public lands in the County in the following btain written permission from the appropriate public entity to implement the necessary replanting plan. The developer shall provide all necessary services to implement the replanting plan, including but not limited to funding, plant materials and labor; or 2. Contribute $200 per inch DBH required for mitigation to the County to be used at the County's discretion for either the acquisition and maintenance 0 f publicly 0 wned environmentally unique lands, 0 r to be used for relocating or replanting native trees on public lands. Any such work shall be performed by a qualified professional. ----------Ün~rl~ë~forã~ffioo---------- Strike TI:1Fe\ ! h is for deletion Ordinance #04-008c Draft #2 Page 19 PRINT DATE: 12/14/04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 .. .. '-" """'" g. In the event that the Public Works Director, or his designee is unable to determine the D.B.H. of trees removed through the improper land clearing activity, the Public Works Director, or his designee shall request that the developer provide documentation verifying the number, type and size of all trees removed. If the developer cannot provide this information, or if this information is determined by the Public Works Director, or his designee to be incomplete, the Public Works Director, or his designee may develop an estimate of the number, type and sizes 0 f the trees removed. I n determining this estimate, the Public Works Director, or his designee shall use any and a vailable historical date and data of record for the property including, but n ited to, recent aerial and ground photography of the site; site plan ey data on file or that is otherwise available to the County, and any ible information that can be used to provide an accurate represe e property before it was improperly cleared. Ve etation re rior a roval shall be resumed to have been in ood 'ñditiôn. In th nt that the developer disputes or otherwise does not a h the estimate mined by the Public Works Director, or his design eveloper may appe determination to the County Administrator. I vent that the developer ot agree to the decision of the County istrator, developer ppeal that determination to the Board missioners cons ent with the procedures described in Section ) of this Code. G. by the public Works Director, or his mit to an inspection of the e approval of the mitigation lanted or preserved trees and e not in compliance with the onglna oved mitigation plan, the property nd directed to correct any observed deficiencies rees within 60 days. Failure to maintain all nds for referral to the Code Enforcement Board . s. ragraph (F)(2)(g) above, any final action by the Public Works appealed to the Board of Adjustment, in accordance with the 's Code. *********************** PART B. Special acts of the a 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 ----------Un~rl~ë~fur~dWoo---------- Strike TRFÐl:IgR is for deletion Ordinance #04-008c Draft #2 Page 20 PRINT DATE: 12/14/04 ... '-" -...,,¡I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ordinance or any provision thereof shall beheld to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a cert' Bureau of Administrative Code and Laws, Department Florida 32304. Y of this ordinance to the e Capitol, Tallahassee, PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with t PART G. ADOPTION. After motion and second, the vote on xxx XXX XXX Provis Code, a word, and t intention; prov hall b corporated in the St. Lucie County Land Development e" may be changed to" section", II article", or other appropriate rdinance may be renumbered or relettered to accomplish such at parts B through H shall not be codified. PASSED AND DULY day of ,2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ----------ünd~~ë~for~dffioo---------- Strike TI'1FeY!j1:1 is for deletion Ordinance #04-008c Draft #2 . Page 21 PRINT DATE: 12/14/04 ~ ..... '-' ....,.¡ 1 2 3 4 Deputy Clerk 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 OR04-0008c(H) BY: Chairman ----------Un~rt~ã~for~drnoo---------- Slfike Tf:lFGl:Igh is for deletion Ordinance #04-008c Draft #2 Page 22 PRINT DATE: 12/14/04 · \we ~ St. Lucie County Planning and Zoning Commission Local Planning Agency REGULAR MEETING MINUTES October 28, 2004 Commission Chambers,3rd Floor, Roger Poitras Annex 6:00 P.M. MEMBERS PRESENT: Mr. Knapp, Mr. Lounds, Mr. Akins, Mr. Trias, Ms. Hammer, Mr. Hearn. MEMBERS ABSENT: Ms. Morgan, Mr. Grande, Mr. McCurdy, and Ms. Hensley. OTHERS PRESENT: Mr. David Kelly, Planning Manager; Ms. Cyndi Snay, Planner III; Mr. Hank Flores, Planner ill; Ms. Heather Young, Assistant County Attorney; Ms. Katherine McKenzie-Smith, Assistant County Attorney; Amy Mott and Vanessa Bessie, St. Lucie County Environmental Resources Division, Ms. Dawn Gilmore, Planning Technician; Ms. Faith Simpson, Administrative Secretary. Since both the Chairman and Vice Chairman of the Planning and Zoning Commission / Local Planning Agency were absent a new temporary chair needed to be elected. Mr. Lounds made a motion for Mr. Hearn to be the temporary Chairman for the evening. Motion seconded by Mr. Akins. Upon a vote, the motion was unanimously approved (with a vote of 6-0). CALL TO ORDER: Chairman Hearn called to order the meeting of the S1. Lucie County Planning and Zoning Commission / Local Planning Agency at 6:07 P.M. PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS / DISCLOSURES: Chairman Hearn gave a brief presentation 0 n the procedures and w hat to expect for tonight's meeting. The Planning and Zoning Commission/Local Planning Agency is an agency that makes recommendations to the Board of County Commissioners on land use matters. P&Z / LPA Regular Meeting October 28, 2004 Page 1 of 21 .. ~ ..., These recommendations are made after consideration of staff recommendation and information gathered at a public hearing, such as those we will hold tonight. The meeting will progress in the following manner: . The Chair will call each item. · Staff will make a brief presentation on the facts of the request. · The petitioner will explain his or her request to the Board. · Members of the public will be allowed to present information regarding the request. · The public portion of the meeting will be closed and the Board will discuss the request. Further public comment will not be accepted unless the Board has specific questions. · The Board will vote on its recommendation after its discussion. For legal reasons, the motion may be chosen and read from a script provided by staff. Motions both for and against are provided to the Board members. . The recommendation is then forwarded to the Board of County Commissioners for their consideration and vote, usually within the next month. The Planning and Zoning Commission/Local Planning Agency acts only in an advisory capacity for the Board of County Commissioners and actions taken are recommendations only. Interested parties will also have the opportunity to speak at a public hearing in front of the. Board of County Commissioners who will ultimately have the final decision. There were no announcements or discussion. P&Z / LPA Regular Meeting October 28, 2004 Page 2 of 21 · . ~ '-' ...", A2enda Item 1: Stan lev Klein - File No. CU-04-011 Mr. Flores gave staff comments regarding the petition as follows: This was a n Application 0 f Stanley Klein, for a Conditional Use P ennit to allow the operation of Landscaping & Horticultural Services (Commercial Plant Nursery) in the AR-I (Agricultural, Residential - 1 du/acre) Zoning District for 2.26 acres of property located on the West side of Oleander Avenue, directly south of 6001 Oleander Avenue and north of 6007 Oleander Avenue. Landscaping and Horticultural Services are allowed as conditional uses in the AR-I Zoning District subject to conditional use approval by the Board of County Commissioners. The subject property is vacant at this time. Provided that the proposed conditional use, the operation of a commercial plant nursery (landscaping and horticultural services), is done in accordance with applicable laws and best management practices, this activity is not anticipated to have any negative effects upon any adjacent lands or interests. The Location of the property is on the West side of Oleander Avenue, directly south of 6007 Oleander A venue and north of 6009 Oleander A venue. The property's Zoning District is AR-I (Agricultural, Residential- 1 du/acre). The property's Future Land Use is RU (Residential Urban). The property's Parcel Size is 2.26 acres. The property's Proposed Use is Landscaping & Horticultural Services (Commercial Plant Nursery) The property's Surrounding Zoning are AR-I (Agricultural, Residential- 1 du/acre) to the west, north, and south. RS-2 (Residential, Single-Family - 2 du/acre) to the east across Oleander Avenue. The general existing use surrounding the property is vacant and residential. Staff finds that this petition meets the standards of review as set forth in the Land Development Code and is not in conflict with the Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval, subject to 5 limiting conditions: 1. The applicant must retain a minimum 20-foot buffer along all property lines so as to not encroach on adjacent residential properties. Said 20-foot buffer shall have an 8-foot wall as required between residential and non- residential uses. P&Z / LP A Regular Meeting October 28, 2004 Page 3 of 21 , . . '-' '..J 2. The applicant may obtain letters of release from the adjacent property owners to support a waiver from the Board of County Commissioners of the 8-foot fence requirement between residential and non-residential uses along this property line. 3. The applicant must obtain a waiver of the 8-foot fence requirement from the Board 0 f County Commissioners 0 r provide for the fence a long the property lines. 4. The removal of any native vegetation shall require a Vegetation Removal Permit issued by the Environmental Resources Division. 5. Only plant material grown on-site may be sold. Adjacent neighbors have submitted a petition indicating their support of a waiver from the 8-foot wall requirement (Exhibit A). Mr. Kelly stated that in the AR-I Zoning District, the intent wasn't to establish your retail operation it was to establish the ability to grow plants on site, and of course, they would have to be sold. But to bring others on site and open a either wholesale or retail outlet would generate considerably more traffic than if with just what's grown on site. Chair Hearn asked for clarification of the Residential Estate - I Zoning District versus the Residential Estate - 2 District. Mr. Kelly stated that in the Residential Estate I District landscaping and horticultural services were conditional uses, they were not in the Residential Estate 2 District. Mr. Klein gave testimony that he resided in Port St. Lucie, he wanted to plant some trees on the property and put a house there some day when he retired. He didn't want to have any traffic or potted plants; he would grow some palm trees in the ground and in three or four years sell them. After he had some palm trees in the ground, seedlings and he was told he needed to get permission for what he was doing. Mr. Lounds asked him ifhe was okay with these five conditions. Mr. Klein responded that he was okay with them. He had already received letters from his neighbors that they would prefer to see the palm trees than an eight foot fence. Mr. Knapp question staff if he were to sell that property later, would that zoning stay for the new owner who would be entitled to more of a nursery operation than what Mr. Klein was looking to do. Mr. Kelly responcled that the conditional use would go with the land, the new owner would have the ability to continue with the operation, but he would be bound by the same conditions. P&Z / LPA Regular Meeting October 28, 2004 Page 4 of 21 · "'" '-' ..",; Chair Hearn opened the public hearing. Sheila Morocco who lived directly across the street trom the Klein property stated that she was real pleased with his operation and it's been no problem. The trees were beautiful and she's happy he's there. Donna Rhodes who lived in Fort Pierce and travels that road 4-5 times per day and over the last seven years saw nothing but snarls, weed, whatever; now there was a beautiful view at looking at trees and they're all enjoying the view going down the street now. Chair Hearn closed the public hearing. Ms. Hammer stated, after considering the testimony presented during the public hearing including staff comments as revised and the standards of review as set forth in Section 11.07.03 St. Lucie County Land Development code, I hereby move that the Local Planning Agency recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Stanley Klein for a Conditional Use Permit to allow for the operation of a Landscaping and Horticultural Services (Commercial Plant Nursery) business in the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District because it will be an enhancement to that area as per testimony of the neighbors and will not be a blight on the community. Mr. Akins seconded. Upon a roll call vote the Motion approved with a (6-0) vote (with Mr. Grande, Ms. Morgan, and Mr. McCurdy absent), and forwarded to the Board of County Commissioners with a recommendation of approval. P&Z / LP A Regular Meeting October 28, 2004 Page 5 of21 , ,. , ~ -.,, Aeenda Item 2: Armortec Concrete Plant - File No. CU-04-013 Mr. Flores gave staff comments regarding the petition as follows: This was an Application of Annortec Concrete Plant, for a Conditional Use Pennit to allow the operation of a concrete manufacturing facility in the ill (Industrial, Heavy) Zoning District for 3.61 acres of property located at Lot 5 of the Midway Industrial Park. The applicant has applied for the requested conditional use in order to operate a concrete block manufacturing facility from the subject property. This activity is allowed as a conditional uses in the ill Zoning District subject to the approval of the Board of County Commissioners. Application of Annortec Concrete Plant, for a Conditional Use Pennit to allow the operation of a concrete manufacturing facility in the ill (Industrial, Heavy) Zoning District. The Location of the property is Lot 5 of Midway Industrial Park, Phase I. The Zoning District of the property is ill (Industrial, Heavy). The Future Land Use of the property is IND (Industrial) to the north, south, east, and west. The property's Parcel Size is 3.61 acres. The property's Proposed Use is Concrete Block Manufacturing Facility. The property's Surrounding Zoning is ill (Industrial, Heavy) to the west, east, and south across Orange Avenue. The general existing use surrounding the property is vacant and industrial. Staff finds that this petition meets the standards of review as set forth in the Land Development Code and is not in conflict with the Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. He explained that on the site plan there was a label for future Jenkins Road Extension, right now it's paved to a certain point and not paved beyond that. There was no time frame on that as there wasn't any funding in place at the moment. Chair Hearn opened the public hearing. P&Z / LPA Regular Meeting Octobe.r 28, 2004 Page 6 of 21 -- . '-' ."", Jason Litterick, Gentile, Holloway, ü'Mahoney & Associates representing the applicant Annortec Concrete stated t hey agreed with staff s comments and hoped that everyone was okay with it. John Ferrick didn't want to say anything for or against, he was curious where they were going to get their materials ITom; were they going to batch their own concrete or have somebody bring it in to them, and were there going to be a bunch of trucks coming in and out of there. Ken McAllister, Armortec responded that it was a concrete batching facility, raw materials. They would be doing the same thing as their Matt Stone. It was also the same product being used for the FEMA projects, such as at the Indian River Project. Basically concrete block operation, wet/dry cast. There would be a lot of trucks, aggregate sand and cement. The vast majority of their product would be Armortec Erosion Control for channels, lakes, rivers, streams; they also made standard building blocks like Rinker. Mr. Lounds asked what kind of traffic they anticipated daily. Mr. McAllister stated that they were looking at 3-5 trucks for raw materials and probably depending on the job, like the FEMA job would take about 10-15 trucks per day, just to handle that one job. It would vary depending on the time of year and the projects. Most of that traffic would be in the morning and off and on during the day. For the FEMA job most of the traffic would go out right down Midway straight out to the Indian River Project. But the raw materials would come in by truck off of 1-95. Mr. Knapp asked if there was a turning 1 ane 0 n Midway Road where the trucks were going to come in and out. Mr. Kelly responded that there was an eastbound left turn lane; there wasn't a westbound right turn. Mr. Knapp asked ifthere were plans for the County to put in a turning lane. Mr. Kelly stated that there was a whole project to look at the design of that roadway and at the current time, there weren't any plans for a right turn lane independent ofthe greater project. Mr. Lounds asked if there was going to be a traffic light put up across from Rinker to help control the flow; there was good business in the area, also a good place for an industrial park, but the more traffic added to the park and other areas, those turn lanes would become important. Chair Hearn closed the public hearing. Mr. Lounds stated, after considering the testimony presented during the public hearing including staff comments as revised and the standards of review as set forth P&Z / LP A Regular Meeting October 28, 2004 Page 7 of 21 · J'~ .to ~ ttJ in Section 11.07.03 St. Lucie County Land Development Code, I hereby move that the Local Planning Agency recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Armortec Concrete Plant for a Conditional Use Permit to allow for the operation of a Concrete Manufacturing Facility in the IH (Industrial, Heavy) Zoning District because I think this is a good location for this plant, I think it is well placed in the area. I do make a comment on my motion that the County Commissioners be aware of our comments concerning the turning lanes on Midway Road, not to penalize Armortec, but to let them know that we feel like as this industrial park increases, that is going to be a particular need. Mr. Trias seconded. Upon a roll call vote the Motion approved with a (6-0) vote (with Mr. Grande, Ms. Morgan, and Mr. McCurdy absent), and forwarded to the Board of County Commissioners with a recommendation of approval. P&Z / LP A Regular Meeting October 28, 2004 Page 8 of 21 I.' ~ .. '-" "wi A2enda Item 3: South 25th Street LLC (Oak Alley) - File No. RZ-04-022/PUD-04- 019 Mr. Kelly gave staff comments as follows: The application was for South 25th Street LLC., for Preliminary Planned Unit Development approval for the project known as Oak Alley and for a Change in Zoning from the AR-l (Agricultural, Residential - 1 duJacre) Zoning District to the PUD (planned Unit Development - Oak Alley) Zoning District. The Location ofthe property was on the West side of South 25th Street, immediately north of Canal No. 102/Devine Road, south of the Palm Lake Gardens PUD. The Zoning Designation of the property is AR-l (Agricultural, Residential- 1 duJacre). The Proposed Zoning ofthe property is POO (Planned Unit Development - Oak Alley). The Land Use Designation ofthe or property is RS (Residential Sub-Urban). The property's Parcel Size is 70.56 acres. The Proposed Use for the property is 57 detached, single-family unit residential subdivision (gross density of .84 duJacre) with a 2.13 acre (3% of gross land area) non- residential component (max. 15,000 square feet of building) to be developed as Planned Development project. The Surrounding Zoning of the property are POO (Planned Unit Development - Palm Lakes), I (institutional) and AR-l (Agricultural, Residential- 1 duJacre) to the north; AR-l (Agricultural, Residential- I duJacre) to the south; RF (Religious Facilities), I (Institutional) and AR-l (Agricultural, Residential- 1 duJacre) to the east; AR-I (Agricultural, Residential- I duJacre) to the west. The Surrounding Land Uses are RS (Residential Suburban and PF (Public Facilities) to the north; RS (Residential Suburban) to the south, east and west. Bordering the project site to the north is the Palm Lake Garden residential community, the Bible Baptist Church of Ft Pierce, Happy Hearts School! Pre-School and the Spiritual Path Center. Along the properties south parcel line, lies a 100-foot FP&L easement that runs the entire length of the south property line. South of the subject parcel is NFSLRWCD Canal No. 102, and Devine Road. The areas south of Devine Road are predominately single- family residential on variable sized lots and parcels. To the east lies South 25th Street, and east of that are the Winding Creek SID, and the Faith Baptist Church of Ft. Pierce. To the west of the site is Christensen Road, which has a few large lot residential tracts located along its frontage. Mr. Trias asked where exactly was the non-residential component. P&Z / LP A Regular Meeting October 28, 2004 Page 9 of 21 · I '; ~ ..., Chair Hearn asked staff if the residential density of the property included the property that was going to be used for commercial purposes. Staff responded yes with just over two acres being the commercial property. Chair Hearn opened the public hearing. Bill Blazak, Senior Project Manager for Culpepper & Terpening, presented Oak Alley for a preliminary Planned Unit Development approval. He introduced the project development team - Haze Henderson with Houston Cuozzo Group, Paul Izzo, EW Consultants, environmental consultant, and Bobby Klein with Klein and Dobbs. Mr. Blazak went through the PowerPoint presentation. (See Attached Exhibit B). Oak Alley would be developed at 40% of what was otherwise pennitted by the County. The Oak Alley development density was consistent with the current zoning density 0 n the property. The master site plan and drainage was to canal the structure it goes through and some of the surrounding areas. The Oak Alley site was not in the hundred year floodplain. The outfall would be in the North St. Lucie Water Controlled District Canal 102. Post development runoff would not exceed pre-development rates. There was one wet area, a non-jurisdictional area along the north property line that would be improved to the point where it no longer represented a local hazard. Long tenn maintenance would be the responsibility of the Oak Alley property owners association. Concurrency reviews, schools, they anticipated 21 new students, off-site school bus access and pickup with a weather shelter and that same pickup would also serve a purpose for public transportation in the future would be provided. The developer to pay the school district a sum of $490/unit to address the long tenn capital needs not covered by impact fees and other ad valorem a ssessments. Roadways, within the four lane of south 25th Street to begin in 2005, no adverse effect on level of service capacity were expected. Roadway designs would provide for north bound left turn into the residential portion of the site and the non-residential area would be limited to right in, right out. No access was proposed to either Divine Road or Christensen Road except for emergency vehicle use only, which would be FP&L and the fire through the FP&L easement. There was one residential driveway connection on Christensen that would occur with this for a single lot that would be established. Utilities, water and sewer service would be provided by Fort Pierce Utility and the community was subject to future annexation in the City of Fort Pierce. No special requirements for the development of this project had been requested. They had contracted with Florida Archaeological Services for phase 0 ne review 0 f t he property. No archaeological sites were observed and the one house on the property had been detennined by Florida Archaeological Services not to qualify for historical designation. The structure would be removed from the property. The hurricane set them back, as soon as they receive the official report, they would forward it to the County. Ms. Hammer asked the applicant to explain a little more about the house that would have the driveway from Christensen Road, would it connect through a pedestrian walkway. She also asked why on the plans the sidewalk was only on one side of the top cul-de-sac, P&Z / LP A Regular Meeting October 28, 2004 Page 10 of 21 '-' """ it looked like the sidewalk was only on one side of the street it didn't go all the way around. Mr. Blazak responded that there was an existing home there now with one driveway. When they create the lake they're going to create a lot there, there would be one driveway connection there on that one lone lot, and it would not interconnect with the roadway system into the project. He also stated that there would be pedestrian trails throughout the whole entire length of the project along the FP&L Easement. Mr. Blazak said that it was only on one side of the street. He stated that on their corrected plan the sidewalk was on both sides of the street except at the entrance road because none of the homes or residence driveways backed-up to the entrance road. Chair Hearn asked the petitioner to make the corrected site plan available to the City of Fort Pierce for review before it would be presented to the Board of County Commissioners and they agreed to do so. Mr. Blazak said they had a public meeting and had noticed all the surrounding property owners within a 1,000 ft of the project and met with them and provided the same infonnation to them with handouts and answered their questions one on one. There were eight residents that showed up, they were concerned about the flooding, trees, and wanted the cows to stay, they were told the cows couldn't stay. Generally it was accepted as a nice project. Mr. Hearn asked if the Conservation Easement was going to be open to the public. Mr. Blazak responded no, that there would be specific guidelines for those 40 ft buffers between the homes so that they could not be removed as well. Ms. Hammer suggested that it be made very clear when someone bought the lot that the people couldn't just go in and clear the lots. On Page 3 of the staff report, Item B where it talked about coming out of the development, how far down did you have to go in order to make that u-turn? Mr. Blazak responded that the u-turn was at Divine Road, about 500 ft. Ms. Hammer suggested that the developer have discussions with FP&L regarding their lines as they were putting together a package about what went wrong and what they needed to do and changes and were submitting it to the Utilities Commission at the State level. She asked about t he size of the homes, square footage, price range, a nd would there be a fair share contribution from the developer for improvements to 25th Street. Mr. Blazak responded that the homes would be 2,500 - 3,000 sq. ft., with a house sitting on a lot the price would be $400-500K; and they had no plans to contribute to the improvements of 25th Street. P&Z / LP A Regular Meeting October 28, 2004 Page 11 of 21 · . . '-' .., Mr. Blazak said there was a concurrency approval from Mr. Marty Sanders of the school board, he was in agreement with the contribution of $490/unit. He also stated that 25th Street would be widened to four lanes in 2005. Chair Hearn asked Mr. Blazak to explain the tenninology, building envelope. Mr. Blazak explained that a building envelope was the area in which you could build a home in. He also stated that it was a gated community. Mr. Knapp asked if it was going to be a deed restricted community where there was going to be deed restrictions for the homeowners on what they could do. Mr. Blazak said that there would be strict architectural guidelines to ensure that the whole project and the uniqueness of the environment would be maintained. That the theme of the homes, the Florida vernacular with the soft roofs and everything else that carried through that to compliment what existed there today. There would be strict guidelines for building. Chair Hearn stated that this was a public hearing if anyone wanted to speak for or against the proj ect. John Ferrick, read into the record a letter from North Fork Property Owners (Exhibit C). For himself he was in agreement with the project. John Owens, owned property directly east of the project and had questions regarding drainage, standards on house, what was going to be done with the u-turn. Ms. Hammer asked if it was this project where the wetlands were going to be corrected so that they would hold one and one-halftime the amount of water. Mr. Blazak said yes, they had stated earlier that the runoff wouldn't change the post or pre because they were going to create storage in there. Billy Johnson, owned all the land to the west of the property on the other side and another piece that is to the south, almost to the middle, spoke in agreement ofthe project. Chair Hearn closed the public hearing Mr. Lounds stated 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 application of South 25th Street LLC, for a Change in Zoning from AR-1 Zoning District to the PUD (Planned Unit Development - Oak Alley) Zoning District including all the proposed conditions and recommendations from staff. Motion seconded by Mr. Trias. P&Z / LP A Regular Meeting October 28, 2004 Page 12 of 21 · ., . '-' "wi Upon a roll call v ote the motion was approved by a vote 0 f 6 -0 (with Mr. Grande, Ms. Morgan, and Mr. McCurdy absent) and forwarded to the Board of County Commissioners with a recommendation of approval. There was a two minute recess. Chair Hearn polled the board to see if anyone objected to hearing Agenda Item 5 next. Motion by Ms. Hammer to hear Agenda Item 5 next. Seconded by Mr. Lounds. All were in favor. P&Z / LP A Regular Meeting October 28, 2004 Page 13 of 21 · ' II .. ~ ...., A2enda Item 5: Sin2le Familv Homes in RMH-5 Zonin2 District - Ordinance 04- 033 Katherine McKenzie Smith, Assistant County Attorney - What the ordinance would do is allow an RMH-5 Zoning which is Residential Mobile Home Zoning District in the Land Development Code it would allow single-family detached dwellings to be a p ennitted use. Chair Hearn asked if there were any questions for staff. Ms. Hammer asked if this was to place a mobile home back if it was destroyed or fell apart, were they going to put these little miniature things elsewhere as pennitted use or just as a replacement. Mr. Kelly said he understood it to allow the replacement as she indicated, but not only replacement of those that were damaged in the stonn, but over a long period of time replacement of any or all mobile homes in the RMH-5 District. His concern in the RMH- 5 District the minimum lot size was really consistent with single-family homes in their areas. The minimum lot size was 75 ft of width, there were mobile home parks zoned RMH-5 that had much smaller lots, not many cases the older parks and they had been Grandfathered in and he had a concern for trying to place conventionally real structures on 30, 40, 50 ft wide lots in those parks. He felt there needed to be additional staff discussion about it before it got to the County Commission and possibly put some wording in it. Chair Hearn preferred having a concrete block structure or stick house replacing the mobile homes t hat already existed, because he would rather have a solid built quality home in place of that mobile home. Mr. Trias stated that his concern was that the building would be very small and probably not very valuable and whether or not that's an enhancement for the community. Some of those parks were not going to be mobile home parks anymore and they were going to be redeveloped as something else. He felt that if they encouraged the small scale infill, then they were not allowing for that transition to happen. Mr. Kelly said that damaged mobile homes could be replaced, but they had to be newer mobile homes that met code and more likely to withstand the events that they had seen in the recent past. Ms. Young said it was her opinion that if a mobile home was to be replaced with a concrete block home, even if the lot, even if the mobile home park was created at a time when perhaps the dimensional requirements were less, that with the new structure you would be changing that use on the property; the current setbacks would then apply. If the lot would not accommodate the requirements of Section 7.10 for RMH-5, then a home could not be placed there; however, another mobile home could be placed there. P&Z / LP A Regular Meeting October 28, 2004 Page 14 of 21 , . j }. '-' "'wtI The separation requirements in an RMH-5 were not great, it was how wide did it have to be in order for the fire department to get through between the different structures. Joe Cissio, Plans Examiner II, St. Lucie County Building Department felt that the issue may should be addressed also with the fire department because there was going to be a certain separation required through the fire department between structure to structure requirements. Mr. Knapp stated he had some reservation voting for this. He understood there was a hurricane and people had things damaged and the people in mobile homes knew that that was possible. He had heard that a lot of the newer mobile homes that were purchased recently met codes and had not sustained as much damage as a lot of the older mobile homes. He was not going in and try to pass something to help a few people out here that could be evidently a long term problem from the mobile homes and the houses in the same community and there wasn't setbacks established and the regulations on how it was going to work. Chair Hearn said he would have a difficult time supporting this particular item without having specific lot sizes and setbacks and all that kind of stuff. Ms. Young read the setback requirements, ifit's a 10,000 sq ft lot size, 75 ft lot width, 30 ft roof, 25 ft setback, 15 ft rear setback, 10ft side and 20 ft on the side comer. Those were the same dimensions as found in the setback in RS-3, RS-2, Residential Estate 2, it's the same lot width as RS-3 and RS-4. Chair Hearn asked if on a nonconforming lot, if a structure was over 50% damaged that structure could not be replaced. Ms. McKenzie-Smith responded that was generally true, but if there was a federally declared disaster, then the federal statutes might allow replacement of a structure, even though it's nonconforming. Mr. Akins said that it was his understanding that the city had taken the position that any nonconforming areas over on the beach, if they were more than 50% damaged, they were not going to allow replacement. Mr. Trias said the replacement would have to meet current codes. Mr. Akins asked if this 0 rdinance would allow for the option to rep lace an infill with either a permanent structure or a mobile home? Ms. McKenzie-Smith responded yes, but if they added the language "on conforming lots of record" then it would have that caveat. Chair Hearn opened the public hearing. P&Z I LP A Regular Meeting October 28, 2004 Page 15 of 21 ( ( ., 'i' ~ ""'" Jean Brennan stated she lived in Green Acres Subdivision. She wanted to replace her mobile home with a modular home or a CBS home. Mr. Cissio described the differences between a modular home and mobile home; a modular home was constructed under the Florida Building Code, it met all the criteria, 130 mile per hour wind zone that would be at 1-95 or east. A mobile home was governed under HOO, it's under the Department of Motor Vehicles and it would be a wind zone 2 home, only meet 100 mph wind speed. The older mobile homes had no wind speed criteria to them at all. Chair Hearn closed the public hearing. Mr. Lounds stated that he felt like Mr. Akin, now was an opportunity for to send a message to the County Commission that they did not want to have more mobile homes of the types that were in the past. Ms. Hammer said that in a conversation with Commissioner Lewis she had attended a meeting with a Mr. Wynne, and his testimony was that he could replace the mobile home with a cement block stucco structure at the same price as replacing it with a mobile home. If you could have a small cement block stucco home built for close to the price of a mobile home, then she would support going to a cement block stucco home, because it would be safer next time the County got hit. Ms. Hammer I move that we recommend approval with and please attach our concerns of this ordinance, changing No.2 Permitted Uses Subsection C to Single- Family Detached Dwellings on conforming lots. Mr. Lounds seconded for purpose of discussion. Mr. Lounds asked what the motion and that change of pennitted use C did to what staff was trying to get to. Mr. Kelly replied that it didn't; it completely answered the concerns that he had brought up, if it was the intention to go to other lots, he thought the Board could deal with that. Legal staff was comfortable with the motion. Ms. McKenzie-Smith stated that mobile homes were heavily regulated by the federal government, and was recognized as a legitimate housing fonn and could not be completely gotten rid of; they had to meet the standards within the wind district. Upon roll call the motion was approved with a 4-2 vote (with Mr. Akins, Mr. Knapp against; Ms. Morgan, Mr. Grande, and Mr. McCurdy were absent). P&Z / LP A Regular Meeting October 28, 2004 Page 16 of21 ... If ~ / '-' ....., Ae:enda Item 4: Vee:etation Protection & Preservation - Ordinance 04-008 Amy Mott and Vanessa Bessie with St. Lucie County Environmental Resources Division were present to represent the division. Ms. Mott provided staffs comments, and summarized revisions made (Exhibit D). She also stated that once the ordinance was approved they wanted to make sure that they were in communication with the Property Appraiser's Office and when a person came in for their property tax exemption for agriculture, they were going to have the infonnation to hand out to them, as well as the infonnation would be on their web site. If there is a hazard on a property staff goes out to the property to verify what the hazard is, whether it could be pruned back to eliminate the hazard, they would recommend that before allowing removal. If it's a type of insect like carpenter ant or something that doesn't actually kill the tree, it's something that is on the outside of the tree, they would recommend an insecticide method to cure the problem at that point. If it was truly hazard, diseased, they would allow it to come out and there would not be a fee on that. If they failed to get the Notice of Vegetation Removal, staff could tell by the condition of the trunk, if it had a big hole in the center of the trunk, the stump that's left, any remaining debris that were left, neighbors, if nothing was left, staff could neighbors what was going on and what they thought about it. Most people had photographs of their property. I f they found that somebody had taken advantage of the code and they had evidence of that, they would be taken to Code Enforcement Board and pursued as if they had cut down a healthy native tree. This ordinance affected everyone, Residential, Non-Residential, no matter what size the property was. This was strictly for the impacted, insect infested, diseased, hazardous trees. When they visited a property it gave them the opportunity to educate the owner about why natives were important, why non-natives were destructive as well as. It also gave them a chance to see if there was any wetland, Gopher Tortoises, any other endangered species or any other issues that might come up. If a pepper tree was removed and there was Gopher Tortoise burrows underneath of it, you would have violated State regulations. If pepper trees were removed in a wetland you would have violated State regulations. It also allowed staff to inform the owner of other agency regulations that were out there and the proper procedures that they would have to take. She went over the example sheets that was handed out (Exhibit E). Chair Hearn opened the public hearing. Bob Bangert who served on the Environmental Advisory Committee spoke in favor of the ordinance. A copy of their Minutes of their meeting held September 22, 2004 was provided (Exhibit F). P&Z / LP A Regular Meeting October 28, 2004 Page 17 of21 ~. .. ... ., ~ ~ A letter dated October 26, 2004 from Gail Kavanagh, Executive Vice President of Treasure Coast Builders Association was placed into the record as a request for delay in any decisions made (Exhibit G). Chair Hearn closed the public hearing. Mr. Trias stated 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 Ordinance No. 04-008. Motion seconded by Mr. Akins. Upon roll call the motion was approved with a 5-1 vote (with Mr. Lounds against; Ms. Morgan, Mr. Grande, and Mr. McCurdy were absent). P&Z / LP A Regular Meeting October 28, 2004 Page 18 of 21 ... J' . II '-' ...""" OTHER BUSINESS / DISCUSSION: Ms. Hammer discussed the next year's meeting schedule and a workshop in Miami scheduled for January 27-29 that was being presented by the local government commission and Penn State, it was supposed to be a smart growth workshop, multi- disciplinary audience of local officials, county, city, staff, landscape architects, developers, builders, planners, transportation, etc. see (Exhibit H). She wanted to know if the County would be willing to pay their registration. She wanted the schedule to be worked out to so that it did not conflict with the Treasure Coast Regional Planning Council's meeting on the North County Charrette. She also wanted the packets sooner in order to work on them as soon as she got them. Mr. Stevenson said that the County had in the past paid for travel for P & Z members, and he would look into it. He also stated that he was aware of the aggressive schedule to finish the Charrette by September, 2005. They were to provide the staff with a calendar for all of those meetings and events but he had not seen it yet. He would be able to provide that infonnation to the Board once they had a better idea exactly how many meetings and what schedule Treasure Coast was proposing. Staff would shorten the agenda and if they saw that there was going to be a particularly controversial long hearing, they would request a separate meeting for that. They had also discussed that maybe after the first of the year, moving the P & Z's regular meeting back to the fourth Thursday of every month. The reason being that would allow staff to not have two night meetings in a week that might run late. Chair Hearn said that when he read staff's he read the same infonnation in two or three different places. Mr. Stevenson agreed, they were looking at additional staff very quickly which would help in getting the packets 0 ut early and enable revision 0 f t he staff reports and their fonnats. Chair Hearn said he would like to know what was coming up at the next meeting also. Mr. Stevenson replied that they would probably have a two month projection available, also later on online. It would be subject to change. To clarify the next Special County Commission Meeting is scheduled for November 15, not 18 as previously stated. Chair Hearn said he hoped before changing the Land Development Code to accommodate the North County Charrette, they would clearly define what their objectives were. The recommendation came out that we would give developers three credits for density transfers for everyone they bought. That would be increasing the population in the County tremendously, and he was not sure that's where they should go with this thing. P&Z / LP A Regular Meeting October 28, 2004 Page 19 of 21 ~ The next scheduled meeting will be November 18, 2004. No other business or discussion. P&Z / LP A Regular Meeting October 28, 2004 Page 20 of 21 t\ . ~ ... "-'J - ~ "" .... . ~ '-' ...., ADJOURNMENT: Mr. Lounds made the Motion to Adjourn the meeting, seconded by Mr. Trias. The meeting was adjourned at 10:15 p.m. Respectfully submitted: Approved by: Bill Hearn, Acting Chairman Faith Simpson, Secretary P&Z / LPA Regular Meeting October 28;2004 Page 21 of 21 6- .,. '-' To: Submitted By: - ....,¡, ITEM NO. 5C Agenda Request Meeting Date: 01/18/05 Consent Regular Public Hearing Leg. [ ] [ ] [ ] [ X ] Quasi-JD [ X ] Board of County Commissioners Community Development ~:ZedB~) - c£ Growth Management Difector SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TJON: Consider Draft Resolution 05-009 approving the petition of Covenant Investment Properties, LLC (Laura R. Slvalla, Agent), Change in Zoning from the CN (Commercial Neighborhood) Zoning District to the CO (Commercial Office) Zoning District for property located at 1205 West Midway Road, (south side of West Midway Road between Sunrise Blvd and the North Fork of the St. Lucie River). (File No.: RZ-04-049). Covenant Investment Properties, LLC (Laura R. Sivalla, Agent ) has applied for a change in zoning from the CN (Commercial Neighborhood) Zoning District to the CO (Commercial Office) Zoning District, for a 0.29-acre tract of land located on at 1205 West Midway Road, (south side of West Midway Road between Sunrise Blvd and the North Fork of the St. Lucie River). The applicant has indicated that the purpose of this change in zoning is to allow for a bookkeeping, tax, and financial service business in an existing building. The permitted uses in the CO (Commercial Office) zoning district are not expected to negatively impact the existing uses in the surrounding area or place additional demands on public services in the area. N/A At the January 6, 2005 public hearing, the Planning and Zoning Commission, by a vote of 7-0, with two members absent (Mr. Lounds and Mr. Knapp), recommended approval of the applicant's request for a change in zoning, as amended. Staff recommends approval of Draft Resolution 05-009. COMMISSION ACTION: ŒJ APPROVED D DENIED c=J OTHER Approved 5-0 ZRRENCE: ~ ¡. uglas M. Anderson County Administrator County Attorney 'ue ~:s- Finance.: ~ Environ. Resources; \ . Coordination/ Signatures Mgt. & Budget: Fire Dept: Utility: Purchasing: Public Works: Other: '. '-' ...." BOARD OF COUNTY COMMISSIONER REVIEW: 01/18/05 RZ-04-049 COMMUNITY DEVELOPMENT DEPARTMENT (Planning Division) MEMORANDUM TO: Board of County Commissioners FROM: Community Development Director DATE: January 11, 2005 SUBJECT: Consider Draft Resolution 05-009 approving the petition of Covenant Investment Properties, LLC (Laura R. Sivalia, Agent) for a Change in Zoning from the CN (Commercial Neighborhood) Zoning District to the CO (Commercial Office) Zoning District. LOCATION: 1205 West Midway Road, (south side of West Midway Road between Sunrise Blvd and the North Fork of the St. Lucie River). (File No.: RZ-04-049). EXISTING ZONING: CN (Commercial Neighborhood) PROPOSED ZONING: CO (Commercial Office) FUTURE LAND USE: RU (Residential Urban) PARCEL SIZE: PROPOSED USE: 0.29 acres The purpose of the requested change in zoning is to allow for bookkeeping, tax, and financial service business in an existing building. PERMITTED USES: Section 3.01.03(R), CO (Commercial. Office) identifies the designated uses, which are permitted by right, permitted as accessory uses, or permitted through the conditional use process in the "CO" (Commercial Office) Zoning District. Any use designated as a "Conditional Use" is required to undergo further review and approval before that use may be commenced on the property. Any use not identified in the zoning district regulations is considered to be a prohibited use in that district (see Attachment "AA"). SURROUNDING ZONING: The subject property is surrounded by various non- residential zonings fronting on Midway Road between U.S. 1 and Magnolia Avenue. These zonings include CN (Commercial Neighborhood), CO )Commercial Office), I .- ..... '-' ....,¡ January 11, 2005 Page 2 Petition: Covenant Investment Properties File No.: RZ-04-049 SURROUNDING LAND USES: (Institutional), and CG (Commercial General) closer to U.S. 1. There are primarily residential zonings further to the north and south away from the Midway Road frontage. The existing uses in this area along the West Midway Road frontage are commercial to the north and east, residential to the south and the North Fork of the St. Lucie River and a County park (White City Park) to the west. The surrounding properties to the south, east and northeast are designated with an RU (Residential Urban) future land use designation; the properties located to the west and northwest are designated with a RS (Residential Suburban) future land use designation. fiRE/EMS PROTECTION: Station #6 (350 E. Midway Road), is located approximately 1 mile to the east. UTILITY SERVICE: On site wells will provide water service. On site sewer will be provided through a septic tank system. The subject property is located within the Ft. Pierce Utilities Authority retail service area. TRANSPORTATION IMPACTS RIGHT-Of-WAY ADEQUACY: The existing right-of-way width for West Midway Road is 100 feet. SCHEDULED IMPROVEMENTS: St. Lucie County is currently conducting a PD&E Study for the segment of West Midway Road from 25th Street, east to US Highway One. Construction is not yet scheduled. TYPE Of CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. **************************************** STANDARDS Of REVIEW AS SET fORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Board of County Commissioners shall consider and make the following determinations: . . '-' ..",¡ January 11, 2005 Page 3 Petition: Covenant Investment Properties File No.: RZ-04-049 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed change in zoning is consistent with the St. Lucie County Land Development Code. The underlying land use for the subject property is Residential Urban (RU). Section 11.09.02, Table 11.1, Land Use CateaorvlZonina District Compatibility Chart, provides that the proposed CO (Commercial Office) Zoning District could be considered compatible with the Residential Urban (RU) land use designation if other land use compatibility issues are satisfied. In 1999, via Ordinance 99-015, the County Commission amended the list of permitted uses in the CN (Commercial Neighborhood) Zoning District to limit the uses permitted in this district to essentially only limited retail. Office uses, as a general rule, are not allowed in the CN (Commercial Neighborhood) Zoning District. The petitioner is seeking to obtain a new zoning compliance for a new office type business at the subject location. However, to do so it is necessary to amend the zoning designation on this site to CO (Commercial Office). The CO (Commercial Office) Zoning District is considered to be a conforming zoning district to the RU (Residential Urban) Land Use District. According to Section 3.01.03(R) of the St. Lucie County Land Development Regulations the purpose of the CO Zoning District is to provide and protect an environment suitable for selected office and commercial uses, together with such other uses as may be necessary to and compatible with commercial office surroundings. The surrounding area has an urbanized residential character with interspersed commercial neighborhood uses supporting the existing residential uses. There is an existing park facility (White City Park) and the North Fork of the St. Lucie River located to the west of the subject property on Midway Road. Therefore, the CO (Commercial Office) Zoning District would be compatible with the existing development pattern of the proposed area. 2. Whether the proposf!d amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The subject property is located within an area designated as RU (Residential Urban) on the Future Land Use Map. The Future Land Use Element, Data & Analysis, defines the RU (Residential, Urban) area as the predominant land use category in the County. This residential land use category provides for a maximum density of 5 du/acre. According to the Future Land Use Element, Data & Analysis, Table 1.6, Land Use Desianation/Zonina District Compatibilitv Chart, the RU (Residential Urban) Land Use designation could be considered compatible with the proposed CO (Commercial Office) Zoning District if other criteria are met. Staff has determined that the petition is consistent with those criteria. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; '-' "wi January 11 2005 Page 4 Petition: Covenant Investment Properties File No.: RZ-04-049 The CO (Commercial Office) Zoning District is consistent with the existing residential character of the surrounding area. 4. Whether there have been changed conditions that require an amendment; The purpose of the requested change in zoning is to allow for the operation of a financial service building on the subject property. The subject property was originally zoned Zone B-1 which allowed limited commercial office uses. When the County revised its Comprehensive Plan and Zoning regulations in the early 1980's, the subject property was changed to the CN (Commercial Neighborhood) zoning, which limited the permitted uses. In 1999, via Ordinance 99-015, the County Commission amended the list of permitted uses in the CN (Commercial Neighborhood) Zoning District to further limit the uses permitted in this district to essentially only those of limited retail. Office uses, as a general rule, are not allowed in the CN (Commercial Neighborhood) Zoning District. The applicant proposes to open a financial service business within the existing structure. To do so, requires a change in zoning to the CO zoning district. 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; The intended use for this property is not expected to create significant additional demands on the public facilities in this area. The intent of the applicant is to open a financial service office within the existing building on the subject property. No building expansion is planned at this time. The operation of the proposed building as an office will utilize the same amount of water usage as is currently being consumed. The proposed additional use will not result in an increased amount of traffic on West Midway Road. If in the future, if the property owner proposes to redevelop the property or expand the existing building, then additional review will be required to determine the impacts on the infrastructure within the surrounding area. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. The applicant will be required to comply with all federal, state, and local environmental regulations. The site does not contain any known unique or threatened habitat. Any future redevelopment activities will be required to undergo further review and approval to determine the impact on the natural environment. '-" "wi January 11, 2005 Page 5 Petition: Covenant Investment Properties File No.: RZ-04-049 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; The proposed change in zoning would result in an orderly and logical development pattern for the surrounding area. The surrounding parcels of property are designated for residential uses with a maximum density of 5 du/acre with commercial and office uses adjacent to Midway Road. The uses allowed within the proposed CO (Commercial Office) Zoning District are not anticipated to negatively impact the surrounding area of those properties located within the CN (Commercial Neighborhood) zoning district. 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 would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. The purpose of allowing commercial and office uses within residential areas is to provide for the opportunity for limited retail and services, which support the residential areas. The proposed office may provide a benefit to the surrounding area. COMMENTS The petitioner, Covenant Investment Properties, LLC (Laura R. Sivalia, Agent), has requested this change in zoning from the CN (Commercial Neighborhood) Zoning District to the CO (Commercial, Office) Zoning District for property located on the south side of West Midway Road between Sunrise Blvd and the North Fork of the St. Lucie River. The purpose of the requested change in zoning is to allow for bookkeeping, tax, and financial service business in an existing building. The subject property is in an area designated by the County's Comprehensive Plan as being compatible with or for the CO (Commercial Office) Zoning District. Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Attached is a copy of Draft Resolution 05-009 approving the petition of Covenant Investment Properties, LLC (Laura R. Sivalia, Agent), for a Change in Zoning from the CN (Commercial Neighborhood) Zoning District to the CO (Commercial Office) Zoning District. Staff recommends approval of Draft Resolution 05-009. If you have any questions on this matter, please let us know. ~ '-'" January 11 , 2005 Page 6 Petition: Covenant Investment Properties File No.: RZ-04-049 SUBMITTED: ~~0 Edward Cox Growth Management Director DPK G :\wp\rezoning\covenant.rezoning.bccrpt.doc cc: County Administrator County Attorney Community Development Director Public Works Director Laura Sivalia File 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ~ "wi RESOLUTION 05-009 FILE NO.: RZ-04-Ð49 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE CN (COMMERCIAL NEIGHBORHOOD) ZONING DISTRICT TO THE CO (COMMERCIAL OFFICE) ZONING DISTRICT OF CERTAIN PROPERTY IN ST. lUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence including, but not limited to the staff report, has made the following determinations: 1. Covenant Investment Properties, LLC (Laura R. Sivalia, Agent) presented a petition for a change in zoning from the CN (Commercial Neighborhood) zoning district to the CO (Commercial Office) zoning district for the property described in Part A below. 2. On January 6, 2005, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve the hereafter described request for a change in zoning from the CN (Commercial Neighborhood) zoning district to the CO (Commercial Office) zoning district for the property described in Part A below. 3. On January 18, 2005, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed change in zoning is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. 5. The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed change in the zoning district classification for that property described File No.: RZ-Q4-049 April 20, 2004 Resolution OS.QOX Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 B. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 '-' '-' as follows and as depicted on the maps in Exhibit A: WHITE CITY BLK 57 LOTS 9, 10, 11 AND 12 AND N Y2 OF V AC ALLEY ON S (0.29 AC)(OR 1320-2981) Location 1205 West Midway Road, Ft. Pierce owned by Covenant Investment Properties, LLC (Laura R. Sivalia, Agent), is hereby changed from the CN (Commercial Neighborhood) zoning district to the CO (Commercial Office) zoning district. The St. Lucie County Community Development Director is hereby authorized and directed to cause the change to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson xxx Vice-Chairman Doug Coward xxx Commissioner Paula Lewis xxx Commissioner Joseph E. Smith xxx Commissioner Chris Craft xxx PASSED AND DULY ADOPTED This 18th day of January 2005. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman File No.: RZ-Q4-049 April 20, 2004 Resolution OS-DOX Page 2 '-' ...., 1 ATTEST: 2 3 4 5 6 7 Deputy Clerk 8 9 APPROVED AS TO FORM AND CORRECTNESS: County Attorney File No.: RZ-Q4-049 April 20, 2004 Resolution OS-DOX Page 3 '-' 1 2 3 4 5 6 7 8 9 Exhibit A 10 11 Map Series File No.: RZ-04-049 April 20. 2004 ...., Resolution OS-ooX Page 4 '-' ...., AGENDA ITEM 5: COVENANT INVESTMENT PROPERTIES. LLC - FILE #RZ-04- 049 Mr. David Kelly gave staff's comments that Covenant Investment Properties with Laura L. Sivalia, Agent had requested a rezoning from the existing CN (Commercial Neighborhood) to CO (Commercial Office) for a parcel at 1205 Midway Road. The parcel size was 0.29 acre and was located on the south side of Midway Road, just a couple of parcels west of where Sunrise crosses. This was the old Fiddlesticks Gift Shop which was a Commercial Neighborhood use. The intent was to place a bookkeeping, tax, and financial service business in that existing structure. Staff had reviewed the petition, determined that it confon11ed to the standards of review as set forth in the codes. It is not in conflict with the Comprehensive Plan and recommended that you forwarded it to the Board of.. (Jounty Commissioners with a recommendation of approval. Mr. Hearn stated that they had reviewed a similarpètitionseveral yearsägø and they had a discussion that it seemed appropriate to have th~st~pe of business as part oft~eSommercial Neighborhood Zoning District without going throughitþis proce~&and expense to the petitioner. He wanted to see that happen sometime in the near fl.1tµr~; itdidn't seem practical to have the public go through the process and expense of a petition like . s. Mr. Kelly responded that staff had consi d wanted to create some kind of a limited commercial zoning that had bothAAd CO in it Which would keep them from flipping back and forth. He also stated thathe wolll to discuss the changes with any board member who wanted to at a later date. Laura Sivalia, 4700 Sunrise Boulevard, Fort Pierce, the petitioner stated that she just purchased the building and inorc.ier.to opefte her busines~she needed to go through with the zoning change. She was surprise<l~þ~t s change tþëzoning as she felt that her type of business supported the surrounding c() lie portion of the hearing. Chairman McCurdy opened Seeing no one else, Chairmån McCurdy closed the public portion of the hearing. Mr. Hearn - After considering the testimony presented during the public hearing, including staff's commentSan,d standårds of review set forth in Section 11.06.03 of St. Lucie County Land Developmenti(3ode I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Covenant Investment Properties, LLC (Laura Sivalia, Agent) for a Change in Zoning from the CN (Commercial, Neighborhood) Zoning District to the CO (Commercial, Office) Zoning District because it seems like a very appropriate business and will fit in perfectly in that neighborhood. Motion seconded by Mr. Grande. Upon a roll call vote the motion passed unanimously. P & Z Meeting January 6,2005 Page 9 \.I~~~': PU8UC HEAlUNG AGENDA J.nu.ry 18. 2005 TO WHOM IT MAY CONCERN: ....., NOTICE is hereby given· in Iccordlnce with. Sec- tion 11.00.03 of the St. Lucio County lend Oovo~ opment Code and in accord.nee with the provi- liønl of the 51. Lucie County Comprehensive Pion. thl! tho following oppliconts hovo roquostod thl' the St. Lucie County BOlrd of County Com- missioners considers the following requests: ~~~T~~~~~E~¿~~~O~~d~;'t\~r. aSi~~r:Y:~71/~~ du/oero) and RM·5 (Re.idontial. Mu~iple·Family . 5 du/eere) Zoning Oistricts to the PUD (Plenned Unit Development - Celebrltion Pointe) Zoning District for the following described property: THE NORTH 3/4 OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SECTION 18. TOWNSHIP 35 SOUTH. RANGE 40 EAST. LESS AND EXCEPT THE WEST 40 fEET fOR ROAD RIGHT·OF·WAY AND LESS AND EXCEPT ROAD AND CANAL RIGHTS·Of·WAY. TOGETHER WITH THE SOUTHWEST 1/4 Of THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, LESS WEST 40 fEET. fOR ROAD RIGHT Of WAY AND LESS THE CA· NAL RIGHT OF WAY. TOGETHER WITH THE SOUTHEAST 1M OF SOUTHWEST OF NORTHWEST 1/4, LESS CANAL RIGHT OF WAY AND THE SOUTHWEST 1/4 Of SOUTHEAST OF NORTHWEST 1/4, LESS THE EAST 40 FEET AND LESS CANAL RIGHT OF WAY, AND THE NORTH 3/4 OF THE NORTHEAST 1/4 OF NORTH· WEST 1/4 OF SOUTHWEST 1/4 AND THE NORTH 3/4 OF THE NORTHWEST 1/4 OF THE NORTH· EAST 1/4 OF THE SOUTHWEST 1/4, LESS THE NORTH 30 FEET OF THE EAST 5 FEET, TOGETHER WITH THE SOUTH 1/4 OF NORTHWESTI /4 OF NORTH· EAST 1/4 OF SOUTHWEST 1/4 AND THE SOUTH 1/40F NORTHEAST 1/4 OF NORTHWEST 1/4 OF SOUTHWEST 1/4 AND THE SOUTHWEST 1/4 OF THE NORTHEAST OF THE SOUTHWEST 1/4, LESS 330.52 FEET. AND LESS THE TRACT 143 FEET. X 207.28 FEET. AND THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, LESS SOUTH 330.52 FEET. AND LESS THE ROAD RIGHT OF WAY, TOGETHER WITH THE EAST 1/2 OF NORTHEAST 1/4 OF SOUTH· WEST 1/4 AND NORTHWEST 1/4 OF THE SOUTH· EAST 1/4L YING WEST OF CANAL 29, LESS ROAO RIGHT OF WAY. TOGETHER WITH THE SOUTH 330.52 FEET OF SOUTHWEST 1/4 OF NORTHEAST 1/4 OF SOUTHWEST 1/4 LESS NORTH 97.32 FEET, OF THE WEST 143 FEET. OF THE EAST 163 FEET ANO THE SOUTH 330.52 FEET OF THE SOUTHEAST 1/4 OF THE NORTH· WEST 1/4 Of THE SOUTHWEST 1/4 AND THE NORTH 1/4 OF NORTHEAST 1/4 OF THE SOUTH· WEST 1/4 OF SOUTHWEST 1/4 AND THE NORTH 1/4 OF THE NORTHWEST 1/4 OF THE SOUTH· EAST 1/4 OF THE SOUTHWEST 1/4, LESS THE ROAD RIGHT OF WAY, ALL LYING IN SECTION 18, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. - ? Location:Southllst corner of the intersection of North Jenkins Roed end Peterson ROld. COVENANT INVESTMENT PROPERTIES, LLC for I ~~~;tS:o;~o~~i'i~:nr~~mD~~~ie~~o (~~:ë'Jrf~~: mmerciøt. Office) Zoning District for the following deseribed property: WHITE CITY BLK 57 LOTS 9, 10, 11 AND 12 AND N OF VAC Al.LEY ON S 10.29 ACI (OR 1320-2981) Loeltion:l205 MidwIY ROH, Fort PilrCfl THIS PUBLIC HEARING will be held in the Com· mission Chamber., Roger Poitra. Annex. 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue. Fort Pierce. Ftorida on Jan- uary 18, 2005, beginning et 6:00 P.M. or el soon thereafter IS possible. PURSUANT TO Section 286.0105. Florida Stetutes, if a person decides to appeal Iny decision made by a board. agency. or commiSSion with respect to any mltter considered It I meeting or helring, he will need a record of the proceedings. and that, for such purposes, he mlV need to ensure that a verbatim record of the proceeding. I. made. which record includes the testimony and evidence upon whieh the appeal il to be b.sed. BOARD OF COUNTY COMMISSIONERS / ST. LUCIE COUNTY. FLORIDA . . n, Chairman - ~ ..""., BOARD OF COUNTY COMMISSIONERS '.'.~'. ·=r····'.··~··eJ·······e··· '1····1::·· ....",..~.....,.. COUNTY ~, F LOR I D A . , 0-'" GROWTH MANAGEMENT December 29, 2004 In accordance with the St. Lucie County Land Development Code, you are hereby advised that Covenant Investment Properties, UC, has petitioned St. Lucie County for Change in Zoning from the CN (Commercial, Neighborhood) Zoning District to the CO (Commercial, Office) Zoning District for the following described property: Location: 1205 Midway Road, Fort Pierce, FL. THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The second public hearing on the petition will be held at 6:00 P.M., or as soon thereafter as possible, on January 18,2005, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. AIl interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the Board of County Commissioners are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he 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 Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above-described par;;el, please forward this notice to the new owner. Please call (772) 462-2822 if you have any questions, anct refer to: File Number: RZ-04-049. Sincerely, '-iT: LU~O~/UNTY COMMISSIONERS ~~utchinson, Chairman ~ JOSEPH E, SMITH, District No.1· DOUG COWARD, District NO.2. PAULA A. LEWIS, District No. J . FRANNIE HUTCHINSON, District No.4. CHRIS CRAFT, District No, 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 · Planning: (772) 462-2822 · GISlTechnical Services: (772) 462-1553 Economic Development: (772) 462-1550 · Fax: (772) 462-1581 Tourist Development: (772) 462-1529 · Fox: (772) 462-2132 www.co.st-Iucie.fl.us ..... - '-' ,..., ~ ~ ~ (¡,) ~ ~ ~ ~ (¡,) (¡,) ~ (¡,) (¡,) ~~ ~ ~ ~ ~ ~ (¡,) ~ (¡,) ~ (¡,) ~ ~ (¡,) (¡,) ~ (¡,) ~ (¡,) ~ (¡,) (¡,) ~ (¡,) (¡,) "'U .þ. .þ. .þ. .þ. .þ. .þ. .þ. .þ. .þ. .þ. .þ. .þ. .þ. .þ. .þ. .þ. Q ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ ~~ ~ 0 ~ ~ ~ ~ ~ ~ ~ 0 ~ ~ ~ ~ ~ 0 0 ~ 0 0 0 ~ ~ 0 ~ .þ. .þ. .þ. .þ. .þ. .þ. .þ. .þ. .þ. .þ. 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I\.) .J:,. ...... ...... o ~~ 0< ""CD 0; ""::I cø- :; êfi rn 3 CD ::I - -g a 'C CD ;::¡. ii" rn r- r- n - U -.J -.J U) (l) ts...: (l)C) §-:E ~ ~ a.. .~ ~ -coo c: > I (l) .- ~ EC/)O - 'N ~a::a:: > co E~ -co C:.....J ro c: (l) > o U '-" z~. ~ N 11 ::¡ >. ë :> o U ... Q) > ä: c: ro 'õ .E lleo~ ~u'lIS . U I.....::> tl-::¡ co <D Á¡Un08 aaqo4:Jaa~o ...., A ~) rit'i ~ .~ ~ 'q ~ p~ ....,. U.¡' 'V o o C\ ci C\ .... Q) .c E Q) u Q) Q > o Z 'tJ Q) .... co a. Q) .... a. a. >. ë :> o U c: 1: ro ~ ~ ó 'wi A petition of Covenant Investment Properties LLC., Laura R. Sivalia, Mgr., for a Rezoning from CN (Commercial Neighborhood) to CO (Commercial Office). \ I '~ l \91" JO Augusta St ¡"/ >.....:.:...:. - (') - '< - "C \\~~ ëD I '" '" Q) ~ ~ f .!!! Charlotta St õ c: -g C) ra ffi I--- ~.~ ::E Q) '" o§ I--- I \.~ ::3 C/) Midway Rd -g ~ ffi Q) '" ~ .¡: c: ::3 C/) 1st St ) - / 2nd St 2nd St D~I <Co '- ",' rk DJ 3rd St ~ ,3rdSt I I <C 0 == :)- r''''- ~d Q) ~ E Fleetwood Ln ë¡j r--- a. '" È ü .J h I-- Kingswood Ln ~ .-;0; - RZ 04-049 5è ~~ a,~\"""'_ N ~ Subject parcel GIS _.........;,;;._.___  Map prepared December 20, 2004 Covenant Investment Properties LLC Zoning Laura R. Sivalia, Mgr. \ I I ~~t., l RS-3 nC' '" (9......0 Augusta St RS .;j 7- I - - - () - '< r- 'C - m ~0: '" '" ~ ~ (1) <t: , .!!! Chartotta St õ ~: c ~ Il C) RS-4 !'O ffi - ~ Q '" "c I c ;:] ? ¡,N C/) CN I tR-1 ,\"&. CN Midway Rd ~ ~ ffi CN CN Q C N CN '" ~ "¡;: c ;:] C/) RS 3 ( 1st St 0' ':I -. ~ - "" -u / 2nd St 2nd St R -3 G~ RS-B - G~ RS-3 ü 3rd St RS-2 r3rdßt -- ~ I r ~-~ Q ~ 0 --/ Enders Rd := ~ Q Fleetwood Ln I E ë;j ~ J '" Q. È Ü RS-3 oc ':I ~ J 1 ì> Kingswood Ln ~ RZ 04-049 X- ~~ a,~ N GIS . _=----:.:~)=.. A ~ Subject parcel Map prepared December 20,2004 Cove~nt Investment Pro~rties LLC Land Use Laura R. Sivalia, Mgr. \ I I ~ RS 1 C~ (!II" ;() Augusta 5t RJ 7- nu .- I - - - () - '< - "0 ~--- .-- I CD '" '" Q) ~ ~ CD , ~~~ .!!1 Charlotta 5t ë5 C ~ C) CD ã5 - "'~ ~ Q) '" '" )1 QU 'C - 1''''' C ,.... ::J '7 en IRS _\'&' Midway Rd '0 > ~ ã5 ?fi- Q) '" 0 'C RLJ C c I ,.., , ~ ,..,. ::J ~\ en ....., c¿, \.. ~ 1st 5t c 1 ,..., , r-- ,..., II 2nd 5t 2nd 5t RU G~ RU f- !!! RS [~~]~ 3rd 5t [3rd.~t , I r\v Q) ~ 0 :::: .J Enders Rd Q) ............. ~ E Fleetwood Ln « I ~ i"""'ooo... - J '" - .~ ü RU E:'I I ~ r> Kingswood Ln .J t--- RZ 04-049 x-,,;(~ a,~, N GIS ,4':'.::;'=. A ~ Subject parcel Map prepared December 20, 2004 - Covenant Investment Pro~rties LLC Laura R. Sivalia, Mgr. RZ 04-049 X.Åuc:-u:- ¿;;'''1'''~" GIS -=ê.~,-~'=~ N A ~ Subject parcel Map prepared December 20, 2004 ~-- - '-' ~ PLANNING & ZONING COMMISSION REVIEW: 01/06/05 RZ-04-049 GROWTH MANAGEMENT DEPARTMENT (Planning Division) MEMORANDUM TO: Planning and Zoning Commission FROM: Planning Manager þ('t'\~ DATE: December 28,2004 SUBJECT: Application of Covenant Investment Properties, LLC (Laura R. Sivalia, Agent) for a Change in Zoning from the CN (Commercial, Neighborhood) Zoning District to the CO (Commercial, Office) Zoning District. LOCATION: 1205 Midway Road EXISTING ZONING: CN (Commercial, Neighborhood) PROPOSED ZONING: CO (Commercial, Office) RU (Residential Urban) FUTURE LAND USE: PARCEL SIZE: 0.29 acre PROPOSED USE: The purpose of the requested change in zoning is to allow for a bookkeeping, tax, and financial service business. PERMITTED USES: Section 3.01.02(8), CO (Commercial. Office) identifies the designated uses, which are permitted by right, permitted as an accessory use, or permitted through the conditional use process in the CO (Commercial, Office) Zoning District. Any use designated as a "Conditional Use" is required to undergo further review and approval before that use may be commenced on the property. Any use not identified in the zoning district regulations is considered to be a prohibited use in that district. SURROUNDING ZONING: The subject property is surrounded by various non- residential zonings fronting on Midway Road between U.S. 1 and Magnolia Avenue. These zonings include CN (Commercial, Neighborhood), CO (Commercia', Office), I (Institutional), and CG (Commercial, General) closer to U.S. 1. There are primarily residential zonings further to the north and south with the exception of the Midway Road frontage. - '-' ..., January 6, 2005 Page 2 Petition: Covenant Investment Properties, LLC. File RZ-04-049 SURROUNDING LAND USES: The existing uses in this area are primarily residential with interspersed commercial uses to the east and west along Midway Road and residential further to the north and south. The surrounding properties have RU (Residential Urban) and RS (Residential Suburban) future land use designations. fiRE/EMS PROTECTION: The Midway Road fire station is located approximately 1 mile to the east. UTILITY SERVICE: The site is currently served by a well and septic tank. The subject property is located within the Fort Pierce Utilities service area. TRANSPORTATION IMPACTS RIGHT-Of-WAY ADEQUACY: The existing right-of-way width for Midway Road varies from 66 to 86 feet in this area. SCHEDULED IMPROVEMENTS: Midway Road is the subject of an ongoing PD & E study to design its ultimate configuration. TYPE Of CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. **************************************** STANDARDS Of REVIEW AS SET fORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations; 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed zoning district is consistent with the St. Lucie County Land Development Code. The underlying land use for the subject property is RU (Residential Urban). According to Section 11.09.02, Table 11.1, Land Use Cateaorv/Zonina District Compatibilitv Chart, the proposed CO (Commercial, Office) Zoning District is considered compatible with the RU (Residential Urban) future land use designation. - '-" ...., January 6, 2005 Page 3 Petition: Covenant Investment Properties, LLC. File RZ-04-049 2. Whether the proposed amendment is consistent with all elements of the 51. Lucie County Comprehensive Plan; According to the Future Land Use Element, Data & Analysis, Table 1.3, Land Use Desianation/Zonina District Compatibility Chart, the RU (Residential Urban) Land Use designation is considered compatible with the proposed CO (Commercial, Office) Zoning District. Further, Objective 1.1.8 of the Future Land Use Element provides for protection of single-family neighborhoods from the encroachment of commercial and/or other inappropriate land uses. The permitted uses within the CO (Commercial, Office) Zoning District are not expected to negatively impact the surrounding residential neighborhoods. CO (Commercial, Office) zoning at this location will not encroach into or negatively impact the single family neighborhood. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; Staff is of the opinion that the parcel is appropriate for either CO or CN permitted uses. The Midway Road frontage in this area has already experienced substantial conversion from residential to non-residential uses. The non-residential zoning along Midway Road has been in place for many years and is the result of the history of the area. 4. Whether there have been changed conditions that require an amendment; Conditions have not changed to require an amendment. The applicant proposes to operate a business in an existing structure. 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; The permitted uses allowed in CO (Commercial, Office) zoning are not expected to create significant additional demands on the public facilities in this area. The operation of a bookkeeping, tax, and financial service business at this location will use approximately the same amount of water as is currently being consumed. The proposed use is not expected to result in a significantly increased amount of traffic on Midway Road. The previous owner was already operating a more intense use on the property. If, in the future, the property owner proposes to redevelop the property or expand the existing building, additional review will be required to determine the impacts on the infrastructure within the surrounding area. '-' "wi January 6, 2005 Page 4 Petition: Covenant Investment Properties, LLC. File RZ-04-049 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. The parcel has been cleared and currently contains a single story commercial building. The site does not contain any known unique or threatened habitat. Any future redevelopment activities will be required to undergo further review and approval to determine the impact on the natural environment. At that time, the applicant/property owner would be required to comply with all federal, state, and local environmental regulations. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; The proposed change in zoning would result in an orderly and logical development pattern for the surrounding area. The surrounding parcels of property are zoned for residential uses with a maximum density of 3 dwelling units per acre or with commercial and office uses adjacent to Midway Road. As the CO (Commercial, Office) Zoning District allows for select office and commercial uses, it is acceptable within the existing development pattern. 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 would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. The purpose of allowing commercial uses adjacent residential areas is to provide for the opportunity for select office and commercial uses, which support the residential areas. '-' .""" January 6, 2005 Page 5 Petition: Covenant Investment Properties, LLC. File RZ-04-049 COMMENTS The petitioner, Covenant Investment Properties, LLC (Laura R. Sivalia, Agent), has requested this change in zoning from the CN (Commercial, Neighborhood) Zoning District to the CO (Commercial, Office) Zoning District for property located at 1205 Midway Road. The stated purpose of this change in zoning is to allow a bookkeeping, tax, and financial service business on the property. The subject property is in an area designated within the Comprehensive Plan as being compatible with or for the CO (Commercial, Office) Zoning District. Staff has reviewed this petition and determined that it conforms to the Standards of Review as set forth in the St. Lucie County Land Development Code and is not in conflict with the Goals, Objectives, and Policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. Please contact this office if you have any questions on this matter. Dpkldvg cc: Laura R. Sivalia File '-' 'wi Suggested motion to recommend approval/denial of this requested change in zoning. MOTION TO APPROVE (APPLICANT'S REQUEST): AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING , INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, 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 APPLICATION OF COVENANT INVESTMENT PROPERTIES, LLC (LAURA R. SIV ALIA, AGENT), FOR A CHANGE IN ZONING FROM THE CN (COMMERCIAL, NEIGHBORHOOD) ZONING DISTRICT TO THE CO (COMMERCIAL, OFFICE) ZONING DISTRICT, BECAUSE..... [CITE REASON 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 11.06.03, 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 APPLICATION OF COVENANT INVESTMENT PROPERTIES, LLC (LAURA R. SIV ALIA, AGENT), FOR A CHANGE IN ZONING FROM THE CN (COMMERCIAL, NEIGHBORHOOD) ZONING DISTRICT TO THE CO (COMMERCIAL, OFFICE) ZONING DISTRICT, BECAUSE..... [CITE REASON WHY - PLEASE BE SPECIFIC]. ~ ...." «(; Section 3.01.03 Zoning Distrid Use Regulations a. CN COMMERCIAL. NEIGHBORHOOD 1. Purpose The purpose of this district is to provide and protect an environment suitable for limited retail trade and service activities covering a relatively small area and that is intended to serve the population living in surrounding neighborhoods. The number in -0- following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses ( a. Beauty and barber services. (72317241 b. Civic, social and fratemal associations (16411 c. Depository institutions (801 d. Laundering and drycleaning (self-service). (7215) e. Real estate (15) f. Repair services: (1' Electrical repair. (7121 (2) Shoe repairs (7251 (3) Watch, clock, jewelry, and musical instrument repair. (71311 g. Retail trade (each building shall be less than 6,000 square feet gross floor area, all U&c& inclusive): (1) Antiques ~) (2) Apparel and accessories. (5e) (3) Books and stationery. (5142/S8Q) (4) Cameras and photographic supplies. (5141) (5) . Drugs and proprietary. (5112) ~6) Eating places (5112) (7) Florists. (5112) (8) Food stores (54) (9) Gifts, novelties, 8(1d souvenirs..(5I47) (10) Hobby, toy and game shops (5145) (11) Household a~lIances (5721 (12) JØWelry. (51441 (13) Newspapers and magazines. (5114) (14) Optlé:al goods. (5115) (15) Nurseries,lmyn and garden supplies. (521) (16) Radios, TVs, consumer electronics and music supplies (573) (17) Sporting goods and bicycles. (5141) (18) Tobacco products. (5113) h. Video tape rental (714) --' 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations ,.. Dimensional requirements shall be in accordance with Section 7.04.00. , .....August 1.1990 114 Revised Through 08101/00 '-' ..""" Section 3.01.03 Zoning District Use Regulations 5. Off-street Parking and Loading Requirements Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses a. Car Washes (Self Service Only) - subject to the provisions of Section 7.10.22. (999) b. Day care - adult (11322) - child (11351) c. Postal services. (43") d. Retail trade: (1) Gasoline services - accessory to retail food stores under S/C-5411. (999) (2) Undistilled alcoholic beverages accessory to retail sale of food. (5921 . Except for liquor) e. Telecommunication towers - subject to the standards of Section 7.10.23 (999) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. b. Drinking places (undistilled alcoholic beverages) accessory to an eating place. (999) One dwelling unit contained within the commercial building, for on-site security purposes. (999) Adopted August 1, 1990 115 Revised Through 08101/00 10·····.:·,~\ :::.::: .., .'. . (( \( '-' ...", ,.- ( Section 3.01.03 Zoning District Use Regulations R. co COMMERCIAL. OFFICE 1 . Purpose The purpose of this district is to provide and protect an environment suitable for selected office and commercial uses, together with such other uses as may be necessary to and compatible with commercial office surroundings. The number in "0" following each identified use corresponds to the SIC code reference described in Section 3.01.02(8). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Adjustment/collection & credit reporting services (732) b. Advertising (731) c. Communications - except towers (48) d. Computer programming, data processing and other computer related services (737) e. Contract construction services - office only (15.16.17) f. Duplicating, mailing, commercial arVphotography and stenographic services (733) g. Engineering, accounting, research, management & related services (87) h. Executive, legislative, and judicial functions (91.92.93.94.95.96.97) i. Finance, insurance, and real estate services (60.61.62.63.64.65.67) j. Health services - except nursing homes and hospitals (80) k. Membership organizations. except religious organizations (86) I. Miscellaneous business services: (1) Detective, guard and armored car services (7381) (2) Security system services (7382) (3) News syndicate (7383) (4) Photofinishing laboratories (7384) (5) Business Services - misc. (7389) m. Personnel supply services (736) n. Social services: (1) Individual & family social services (832/839) (2) Job training and vocational rehabilitation services (833) o. Travel agencies (4724) 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking and Loading Requirements ¡. Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. Adopted August 1. 1990 116 Revised Through 08101/00 '-' ...", Section 3.01.03 Zoning District Use Regulations 7. Conditional Uses ( a. Child care services (835) b. Television and radio transmitting towers (999) c. Telecommunication towers - subject to the standards of Section 7.10.23 (999) 8. Accessory Uses Accessory use are subject to the requirements of Section 8.00.00 and include the following: a. Eating and drinking places (undistilled alcoholic beverages as an accessory to a restaurant). b. Postal services. (43) f .. Adopted August 1, 1990 117 Revised Through 08101/00 '-' """" BOARD OF COUNTY COMMISSIONERS ~.. '=r'.... ..~. ·····eJ····~··· .,. ····E··········,·:··,~'~·/~····,>"'· COUNTY') , F LOR I D A ."".,' GROWTH MANAGEMENT December 22, 2004 In accordance with the St. Lucie County Land Development Code, you are hereby advised that Covenant Investment Properties, LLC, has petitioned St. Lucie County for Change in Zoning from the CN (Commercial, Neighborhood) Zoning District to the CO (Commercial, Office) Zoning District for the following described property: Location: 1205 Midway Road, Fort Pierce, FL. THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The fIrst public hearing on the petition will be held at 6:00 P.Jt.I., or as soon thereafter as possible, on January 6, 2005, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. Ail interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Planning and Zoning Commission at least 3 days prior to a scheduled hearing. County policy discourages communication with individual Planning and Zoning Commissioners and County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the Planning and Zoning Commission are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he 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 Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 or T.D,D. (772) 462-1428. If you no longer own property adjacent to the above-described pa:cd, please forward this notice to the new owner. Please call (772) 462-2822 if you have any questions, and rr:fer to: File Number: RZ-04-049. Sincerely, ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION n /". ~---v"-. "''V\.. CC...,-,--rL ('1-tLL Q ~n McCurdy, Chairman \ .~ JOSEPH E. SMITH, District NO.1· DOUG COWARD, District No.2· PAULA A. LEWIS, District No. J . FRANNIE HUTCHINSON, District No.4. CHRIS CRAFT, District NO.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce. FL 34982-5652 Administration: (772) 462-1590 · Planning: (772) 462-2822 · GISfTechnical Services: (772) 462-1553 Economic Development: (772) 462-1550 · Fax: (772) 462-1581 Tourist Development: (772) 462-1529 · Fax: (772) 462-2132 www.co.st-Iucie.fl.us ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION SPECIAL PUBLIC HEARING AGENDA January 6, 2005 TO WHOM IT MAY CONCERN: NOTICE is hereby given in accordance with Sec- tion 11.00.03 of the St. Lucie County Land Devel- opment Code and in accordance with the provi- sions of the St. Lucie County Comprehensive Plan, that the following applicants have requested that the St. Lucie County Planning and Zoning Commission consider their following requests: » COVENANT INVESTMENT PROPERTIES, LLC for a / Change in Zoning from the CN (Commercial, Neighborhood) Zoning District to the CO (Co- mmercial, Office) Zoning District for the following described property: WHITE CITY BLK 57 LOTS 9, 10, 11 AND 12 AND N ~ OF VAC ALLEY ON S (0.29 AC) (OR 1320-2981) Location: 1205 Midway Road, Fort Pierce FRANK W. LAGANA & SANDRA F. LAGANA, for a Change in Zoning from the IX (Industrial, Extrac- tion) Zoning District to the RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning District for the following described property: ST. LUCIE GARDENS 23 3640, BLK 2 N ~ OF LOT 8 (5.00 AC) (MAP 34123N) (OR 399-67) Location: East side of the northern terminus of Lennard Road approximately y. mile north of Pri- ma Vista Blvd. . LENNAR COMMUNITIES for a Change in Zoning from the RM-5 (Residential, Multiple-Family 5 du/acre) and PUD (Planned Unit Development _ Silver Oaks Townhomes) Zoning Districts to the PUD (Planned Unit Development) Zoning District for the following described proPerty: TRACTS 1 THROUGH 16, BOTH INCLUSIVE, OF BLOCK 4, ST. LUCIE GARDENS. SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGES 35 AND 36, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORI- DA; LESS COUNTY ROAD AND DRAINAGE EASE- MENTS ALONG THE NORTH AND WEST BOUNDARIES THEREOF, LESS EASEMENTS ON PLAT ALONG THE EAST AND SOUTH BOUNDA- RIES. CONTAINS 155.761 AC, MORE OR LESS, INCLUDING ASSUMED 15' ACCESS EASEMENTS CONTAINS 153.975 AC, MORE OR LESS, EX- CLUDING ASSUMED 15' ACCESS EASEMENTS. Location: Southwest corner of Tilton Road and Shana's Trail THIS PUBLIC HEARING will be held in the Com- mission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Jan- uary 6, 2005, beginning at 6:00 P.M. or as soon thereafter as possible. PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by a board, agency, or commission with respect to any matter considered at a meeting or hearing, he will need a record of the proceedings, and that, for such purposes, he 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. PLANNING AND ZONING COMMISSION I LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA 151 .McCurdy, Ch'licmall-_ ~H_DATE: December 22, 20()4":"? 877032 ·,L '- '-' -...; ITEM NO. 5D Agenda Request Meeting Date: 01/18/OS- Consent Regular Public Hearing ego [ ] [ ] [ ] [X] Quasi-JD [X] SUBJECT: fdl- Gro Application of Lennar Homes, Inc., for Preliminary Planned Unit Development approval for the project known as Bent Creek. To: Submitted By: Board of County Commissioners Community Development BACKGROUND: Lennar Homes, Inc., has applied for Preliminary Planned Unit Development approval for a project known as Bent Creek located on. the west side of Hartman Road,.north of White Way Dairy Road, South of Orange Avenue and adjacent to 5-Mile Creek. FUNDS AVAILABLE: N/A PREVIOUS ACTION: At the October 21, 2004 meeting, the Planning and Zoning Commission by a vote of 5 to 3 recommended denial of this petition with Planning and Zoning Commissioners Lounds, Morgan, and McCurdy dissenting and Akins absent. At its November 15, 2004 meeting, the Board of County Commissioners approved a small scale plan amendment to allow residential uses on the northern portion of the property. At its November 15, 2004 meeting, the Board of County Commissioners continued the hearing to January 18. 2005 to allow time for the developer to respond to issues raised at that time. RECOMMENDATION: Staff recommend approval of Draft Resolution 05-010 which would grant Preliminary PÜD approval to the Bent Creek project. COMMISSION ACTION: [j] APPROVED c=J OTHER Approved 5-0 ~ Motion to Draft Resolution No. 04-221 as amended to include the all weather - shelter, the crossing on Peterson on Peterson Road, the FPUA loop system, 1/ Signatures the roundabouts, the dedication of the park to the County when asked, the voluntary agreements with the School Board, the Fire District and North St. Lucie River. VVUI uý ~ttorney ~ Mgt. & Budget: FInance.: . .. Fire Dept: Environ. Resources; ~ Utility: .../ D DENIED ENCE: o las M. Anderson County Administrator Purchasing: Public Works: Other: '-' .. ...., BOARD OF COUNTY COMMISSIONERS REVIEW: 1/18/05 File Number: PUD-04-003 and RZ-04-004 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners / I Growth Management Director ,Ai- ~ ee:-- January 11 , 2005 FROM: DATE: SUBJECT: Application öf Lenn8r Homes, Inc., for Preliminary Planned Unit Development approval for the project known as Bent Creek. LOCATION: West side of Hartman Road, north of White Way Dairy Road, South of Orange Avenue and adjacent to 5-Mile Creek ZONING DESIGNATION: RS-3 (Residential, Single-family - 3 du/acre), IL (Industrial Light), and CG (Commercial General) PROPOSED ZONING: PUD (Planned Unit Development - Bent Creek) LAND USE DESIGNATION: RM (Residential Medium) PARCEL SIZE: 268.9 acres PROPOSED USE: 692 detached, single-family unit residential subdivision (gross density of 2.57 du/acre) with 339 units located on 65' x 135' , lots and 353 units located on 52' x 125' lots. SURROUNDING ZONING: CG (Commercial, General) to the north, RS-3 (Residential, Single-family- 3 du/acre) to the south, east and west SURROUNDING LAND USES: COM (Commercial) to the north; RM (Residential Medium) to the south and west and RU (Residential Urban) to the east. Bordering the project site to the north are vacant commercial lands, single-family residential on various tracts to the south, and west, Sandalwood Estates residential development to the east. FIRE/EMS PROTECTION: Station #1 (2400 Rhode Island) is located approximately three miles to the southeast. UTILITY SERVICE: Ft. Pierce Utility Authority will provide water and sewer to the subject property '-' "-" January 11,2005 Page 2 Petition: Bent Creek, PUD File: PUD-04-003 and RZ-04-004 TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The right-of-way width for Orange Avenue is 80 feet. The right-of-way width for Peterson Road is 15 feet The right-of-way width for Hartman Road is 70 feet. SCHEDULED IMPROVEMENTS: Orange Avenue is currently being widened by the Florida Department of Transportation from a two-lane undivided facility to a 4-lane divided facility. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity. *********************************** STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the County Commission shall consider tbe following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The applicant is requesting a Preliminary PUD (Planned Unit Development - Bent Creek) approval for the entire 269± acre tract of land to be developed as the Bent Creek PUD. The proposed change in zoning has been determined to not be in conflict with any applicable provision of the St. Lucie County Land Development Code. According to Section 7.01.01 of the LDC, the purpose of the Planned Unit Development (PUD) zoning district is to achieve residential land development of superior quality through the encouragement of flexibility and creativity in design options that: A. Permit creative approaches to the development of residential land reflecting changes in the technology of land development; . The applicant's proposed design includes a detached, single-family residential development with 692 lots. The applicant's proposed design has incorporated the existing land features in order to preserve the environmentally sensitive area along 5-Mile Creek. In addition, the site design incorporates a number of stormwater '-' "wi January 11 , 2005 Page 3 Petition: Bent Creek, PUD File: PUD-04-003 and RZ-04-004 compensation lake features which will handle ari overflow of water during a major storm event. To the west of 5-Mile Creek, the petitioner's site design incorporates a 31.2-acre tract of land that is to be utilized as a 21.52 acre lake system and stormwater compensation system. Of the 268.9 acres, a total of 94.1 acres are required to be preserved in order to meet the minimum 35% open space requirement of the St. Lucie County Land Development Code. The applicant has met the 35% open space requirement through the preservation of 94.81 acres (49.4 acres within the lake areas, 3.01 acres within the recreation area and 42.4 acres within the areas surrounding the lakes, and perimeter buffering). B. Allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; The project is designed with a roadway system that connects to Peterson Road which is to be improved by the developer from its intersection with Hartman Road to the western boundary of this project. Three separate areas of the project are accessed via Peterson Road at two roundabouts. A third roundabout will be constructed by the developer at the intersection of Hartman Road and Peterson Road. There is an additional access road from Orange Avenue to the north which will connect the proposed residential project to the proposed Orange Avenue Commercial project. Fort Pierce Utility Authority will be providing water and sewer to the subject property. The applicant has provided verification from FPUA that sufficient capacity is available to meet the demands of this project. The applicant, as part of the infrastructure improvements, will be required to extend the water and sewer lines into the subject site. The applicant is currently working with the St. Lucie County Fire District to finalize an agreement for the siting of a fire station. The applicant and the Fire District have worked out an agreement to pay ao additional $154.00 per unit above and beyond the current Impact Fees collected by the County. C. Allow design options that encourage an environment of stable character, compatible with surrounding land uses; and, Bordering the project site to the north are vacant commercial lands, single-family residential on various tracts to the south,and west, Sandalwood Estates residential development to the east. Based upon the current development patterns, the proposed residential project is consistent with the existing development patterns in the area. D. Permit the enhàncement of neighborhoods through the preservation of natural features, the provision of underground utilities and the provision of recreation and open space. ~ ..." January 11, 2005 Page 4 Petition: Bent Creek, PUD File: PUD-04-003 and RZ-04-004 The applicant's proposed design has incorporated the existing land features in order to preserve the environmentally sensitive area along 5-Mile Creek. In addition, the site design in'corporates a number of stormwatercompensation lake features which will handle an overflow of water during a major storm event. To the west of 5.Mile Creek, the petitioner's site design incorporates a 31.2-acre tract of land that is to be utilized as a 21.52 acre lake system and stormwater compensation. The proposed site design will not result ï'n significant adverse impacts on the natural environment. Previously, the site was cleared and utilized as a tomato field/farm. In addition, the subject property has been impacted by Brazilian Pepper (impacting 75% of the entire site). No wildlife was found on the site. Of the 268.9 acres, atotal of 94.1 acres is required to be preserved in order to meet the minimum 35% open space requirement of the St. Lucie County, Land Development Code The application for Preliminary Planned Unit Development (PUD) approval has been reviewed for consistency with the provisions of the St. Lucie County Land Development Code and has been determined to meet all applicable standards of review. 2. Whether the proposed amendment is consistent with all elements of the 51. Lucie County Comprehensive Plan; The applicant has demonstrated that the proposed PUD (Planned Unit Development) amendment is consistent with all elements of the St. Lucie County Comprehensive Plan. Policy 1.1.1.1 allows for residential development within the RM (Residential Medium) Future Land Use classification at a maximum density of 9 du/acre. The proposed project has aRM (Residential Medium) FLU designation. Based upon this designation, the entire site could be permitted a maximum of 2,420 duo The proposed project was designed with a density of 692units (2.57 dulacre), which is'consistent with the existing Future Land Use designations. Policy 1.1.4.2 requires that new development be designed and planned in a manner which does not place an unanticipated economic burden upon the services and facilities of St. Lucie County. Fort Pierce Utility Authority has provided verification that sufficient capacity is available to meet the water demands of the project. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; This proposed change in zoning and the accompanying Planned Unit Development site plan is consistent with the existing and proposed uses within the area. Bordering the project site to the north are vacant commercial lands, single-family residential on various tracts to the south, and west, Sandalwood Estates residential development to the east. '-' 'WI January 11, 2005 Page 5 Petition: Bent Creek, PUD File: PUD-04-003 and RZ-04-004 4. Whether there have been changed conditions that require an amendment; There are no changes that would require an amendment. However, the applicant has selected a development option that requires a changë in zoning to the PUD (Planned Unit Development) zoning designation. This zoning designation includes a requirement for a specific site plan. If the County grants approval to the requested change, there is a specific acknowledgement and agreement by all parties to the development plans for the property. 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 exc:eed 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; The applicant is proposing a 692-unit detached, single-family residential project. This development will be required to extend the infrastructure for water and sewer lines into the subject property. The project is designed with a roadway system that relies on an improved Peterson Road for access. Peterson Road will connect with Hartman Road and be constructed, by the developer, to the western Boundary of this project. A secondary access is Orange Avenue, connecting the proposed project with the commercial project to the north (Orange Avenue Commercial). The applicant submitted a Traffic Impaèt Report (TIR) which looked at all the collector, major arterials, and minor arterials within a 2 mile radius of the site. The TIR indicates that the proposed project will generate approximately 6,341 daily trips. A total of 511 AM peak hour trips are expected to be generated by the proposed development with 128 trips going into the development and 383 trips leaving the development.. A total of 633 PM peak hour trips are expected to be generated by the development with 405 trips entering the development and 228 trips leaving the development. This TIR was based on the applicant's request for 722 dwelling units. The TIR was riot redone for the applicants current request for 692 units because the change in unit numbers is only a minor decrease.' The applicant's TIR also provided details on the trip distribution from the site onto the existing roadway network. Twenty-five percent of the site traffic is expected to utilize the Orange Avenue exit; 25% of the site traffic is expected to travel north on Hartman Road to access Orange Avenue and 40% of the traffic is e~pected to travel south on Hartman Road to access Virginia Avenue. The eventual connection of Peterson to Jenkins will modify this distribution. This modification should serVe to further spread the project's traffic over the network. None of the roadway segments within the project impact area will experience a Level of Service (LOS) of less than LOS Cwith the existing traffic, plus the expected trips from the proposed Bent Creek project. Neither condition, AADT or Peak Hour, will cause any of the effected segments to have a lower level of service designation applied tott)em. '-' "wi January 11, 2005 Page 6 Petition: Bent Creek, PUD File: PUD-04-003 and RZ-04-004 The subject property is located within the Fort Pierce Utility Authority's service delivery area. The applicant has provided verification from FPUA that service is available to meet the demands of this project. The applicant will be required to extend the lines into the project as a condition of approval. Staff has considered the possibility of opening a new no'rth south roadway to connect Okeechobee Road at the McNeil Road alignment to Peterson Road at the western boundary of this project along a portion of the Swain Road alignment. The developer has provided an easement along the western portion of the proposed park for this purpose. Staff recommends that the developer dedicate the 10' by approximately 600' designated as ari easement to the County for future Right-of-Way. The Bent Creek PUD will be served by adequate school facilities. A 692 unit, detached single-family residential subdivision is expected to generate 249 (.36 students per unit) new students. The Bent Creek PUD is located in School Choice Zone '1. Student assignments from this community will be made consistent with applicable St.. Lucie County Board Of Education standards and regulations. The Bent Creek PUD will be subject to the County's Educational Impact Fee Ordinance. In addition, the applicant has agreed to pay an additional $490.00 per unit to the school board to address the issue of acquisition of land. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The upland areas on the property have been affected by previous clearing activities associated with the ongoing agricultural uses on the property. Brazilian pepper and Australian pine are the dominant canopy vegetation on the site and encompass approximately 75% of the ¡'forested" upland vegetation. The overall onsite impacts will include the removal of 86 tOtal inches of Laurel Oak on the site. The off-site natural resources affected by the proposed development are minimal. The applicant has provided a site design and designed the stormwater plans for the property to include a 31.2-acre area, consisting of a 21.32 acre lake. Of the 268.9 acres, à total of 94.1 acres is required to be preserved in order to meet the minimum 35% open space requirement of theSt. Lucie County Land Development Code. The applicant has met the 35% open space requirement through the preservation of 97.1 acres. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; The subject site is designated with a RM (Residential Medium) which permits a maximum density of 9 du/acre allows for the development of a Planned Unit Development. This Future Land Use designation allows for the development of up to 2,420 residential units. In this instance, the development plans for the Bent Creek PUD call for a density of 692 units or 2.57du/acre. Bord~ring the project site to the north are vacant commercial lands, single-family residential '-' "wi January 11 , 2005 Page 7 Petition: Bent Creek, PUD File: PUD-04-003 and RZ-04-004 on various tracts to the south, and west, Sandalwood Estates residential development to the east. The Celebration Pointe and Whispering Oaks projects are proposed to the west. The proposed development is consistent with the surrounding area and woulctcontinue a logical development pattern for this area. ' . 8. Whether the proposed amendment would be in confliçt with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The petitioner, Lennar Homes, Inc., is seeking approval for a Change in Zoning from the RS-3 (Residential, Single~family - 3 du/acre), CG (Commercial General) and IL (Industrial Light) Zoning Districts to,the PUD (Planned Unit Development - Bent Creek) Zoning District for the 692-unit, detached, single-family residential development to be known as Bent Creek PUD. The Bent Creek development is located on a 268.9-acre parcel of land located on the west side of Hartman Road at the northwest corner of the intersection of Hartman Road and White Way Dairy Road. Staff has determined that the Preliminary Planned Unit Development Plan for the Bent Creek PUD is compatible with the existing and proposed uses in ·the area. This petition meets the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan~ Staff is recommending that th.e Commission adopt Resolution 05-01 0, including the following seven limiting conditions, which grants Preliminary Development Plan Approval for the project known as Bent Creek.: 1. The developer, or his assigns, shall be required to construct Peterson Road from its intersection with Hàrtman Road to the western project boundary. This construction shall include roundabouts at Hartman Road and at two entrances into the Bent Creek project. All construction plans shall be approved by the St, Lucie County Public Works Department. 2. Prior to issuance of a building permit for the construction on Hartman and Peterson Roads, the applicant shall be required to submit construction/engineering drawings for the Hartman and Peterson Road enhancements to the St. Lucie County Engineer for review and approval. 3. Prior to issuance of a building permit for any lot located in Parcel "B", lying north of Peterson Road (Canal No. 35) and east of Five Mile Cree.k, the proposed connector road from Orange Avenue into the project site shall be constructed. 4. Prior to recording of the first plats for any portion Qf the property, the developer, or his assigns, shall have completed the execution of a final utility service agreement with Ft. Pierce Utility Authority, indicating all developer obligations, including schedules, associated with servicing this site. · . ~ "wi January 11 , 2005 Page 8 Petition: Bent Creek, PUD File: PUD-04-003 and RZ-04-004 5. The applicant shall convey the 10' by 600' easement shown on the site plan to the County for future Swain Road construction. 6. Prior to recording of the first plats for any portion of the. property, the developer, or his assigns, shall submit a letter from the St. Lucie County School Board indicating that they have satisfied the St. Lucie County School Board. 7. Prior to recording of the first plats for any portion of the property, the developer or his assigns shall provide a monitoring and maintenance agreement for canal 29 (Five Mile Creek) and Canals 5 and 35 within the project boundaries. Such agreement shall be acceptable to the North St. Lucie Water Control District. Please· contact this office if you have any questions on this matter. Attachment DPK Projects/Bent Creek/bcc.stafCrpt.doc cc: Don Cuozzo, Houston Cuozzo Group Rett Waldman, Lennar Homes, Inc. County Administrator County Attorney PLiblic Works Director Environmental Resource Manager 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 \..f "wi RESOLUTION 05-010 File Number: PUD-04-o03 and RZ-04-o04 A RESOLUTION GRANTING PRELIMINARY DEVELOPMENT PLAN APPROVAL FOR A PROJECT KNOWN AS BENTCREEK. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has maqe the following determinations: 1. Lennar Homes, Inc. presented a petition for a Preliminary Planned Unit Development Plan for a 692-unit residential subdivision to be known as Bentcreek - PUD. 2. On October 21, 2004, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition of BJK, Inc., after publishing a notice of such hearing in the Tribune and the Port St. Lucie News and notifying by mail all property owners within 500 feet of the property boundaries. 3. On November 15, 2004, this Board held a public hearing on the petition of Lennar Homes, Inc., for Preliminary Planned Unit Dévelopment approval for the project known as Bentcreek - PUD after publishing a notice of such hearing in· the Tribune and notifying by mail all property owners within 500 feet of the subject property. At that hearing, this Board made specific suggestions concerning the development. 4. On January 18, 2005, this Board continued that hearing to consider the developers response to suggestions made at the November 18 hearing. 5. The Development Review Committee has reviewed -the Preliminary Planned Unit Development site plan for the proposed project and found it to meet all technical requirements and to .be consistent with the future land use maps of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this Resolution. . 6. The proposed project is consistent with the general purpose, goals, objectives and standards of the Sf. Lucie County Land Development Code, the S1. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 7. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities or other matters affecting the public health, safety and general welfare. 8. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and scre~ning. File No..: PUD-04-003 and RZ-04-004 November 15, 2004 Resolution 05-010 Page 1 , . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 . 39 40 41 42 43 44 45 46 47 48 49 ~ "-" 9. The proposed project will be constructed, arranged and operated so"as not to interfere with the development and use of neighboring property, in accordance with appticable district regulations. 10. The proposed project will be served by. adequate public facilities and services. 11. The applicant has demonstrated that water supply; evacuation facilities and emergency access are satisfactory to provide adequate fire protection. 12. A Concurrency Deferral Affidavit" a copy of which is attached to this Resolution, was granted by the Growth Management Director on January 18, 2005. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05(B) of the St. LucièCounty Land Development Code, the Preliminary Planned Unit Development Plan for the project to be kriown as Bentcreek- PUD, and is hereby, approved as shown on the site plan drawings for the project prepared by Houston Cuozzo Group, revised on January 10, 2005, and date stamped received by the St. Lucie County Growth Management Department on January 11, 2005, subject to the following conditions: 1. The developer, or his assigns, shall be required to construct Peterson Road from its intersection with Hartman Road to the western project boundary. This construction shall include roundabouts at Hartman Road and at two entrances into the Bent Creek project. All construction plans shall be approved by the St, Lucie County Public Works Department. 2. Prior to issuance of a building permit for the construction on Hartman and Peterson Roads, the applicant shall be required to submit construction/engineering drawings . for the Hartman and Peterson Road enhancements to the St. Lucie County Engineer for review and approval. 3. Prior to issuance of a building permit for any lot located in Parcel ''8'', lying north of Peterson Road (Canal No. 35) and east of Five Mile' Creek, the proposed connector road from Orange Avenue into the project site shall be constructed. 4. Prior to recording of the first plats for any portion of the property, the developer, or his assigns, shall have completed the execution of a final utility service agreement with Ft. Pierce Utility Authority, indicating all developer obligations, including schedules, associated with servicing this site. 5. The applicant shall convey the 10' by 600' easement shown on the site plan to the County for future Swain Road construction. 6. Prior to recording of the first plats for any portion of the property, the developer, or his assigns, shall submit a letter from the St. Lucie County School Board File No.: PUD-04-003 and RZ-04-004 November 15, 2004 Resolution 05-010 Page 2 1 2 3 4 5 6 7 8 9 B. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 '-' ..." indicating that they have satisfied the St. Lucie County School Board. 7. Prior to recording of the first plats for any portion of the property, the developer or his assigns shall provide a monitoring and maintenance agreement for canal 29 (Five Mile Creek) and Canals 5 and 35 within the project boundaries. Such agreement shall be acceptable to the North St. Lucie Water Control District. The property on which this site plan approval is being granted is described below. LEGAL DESCRIPTION PARCEL 1 A fLYING IN THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 71 COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7; THENCE SOUTH 89°42'05" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST . QUARTER (SE 1/4) OF SECTION 7, A DISTANCE OF 1006.95 FEET TO THE EAST LINE OF THE WEST HALF 0N 1/2) OF THE WEST HALF 0N 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7; THENCE SOUTH 00°02'10" EAST ALONG SAID EAST LINE, A DISTANCE OF 49.07 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF ORANGE AVENUE (STATE ROAD NO. 68), AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP, STATE PROJECT NO. 94070- 2505 (UNRECORDED), MAP AS PREPARED BY BETSY LINDSAY, INC" DATED 07/03/02, SAID RIGHT- OF-WAY LINE BEING PARALLEL WITH AND 49.07 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7; THENCE SOUTH 00°02'10" EAST ALONG THE SAID EAST LINE, A DISTANCE OF 1000.01 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00°02'10" EAST ALONG THE SAID EAST LINE OF THE WEST HALF (W 1/2) OF THE WEST HALF 0N 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7, AND ALONG THE EAST LINE OF THE WEST HALF 0N 1/2) OF THE WEST HALF 0N 1/2) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7; A DISTANCE OF 1555.81 FEET TO THE NORTH RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 5, AS DESCRIBED BY DEED RECORDED IN CHANCERY ORDER BOOK 3, PAGE 4, PUBLIC RECORDS OF ST. LUCIE COUNTY, SAID LINE BEING PARALLEL WITH AND 46.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7; THENCE SOUTH 89°44'36" WEST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 1642;36 FEET TO THE EAST RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 29, AS DESCRIBED BY DEED RECORDED IN CHANCERY ORDER BOOK 3, PAGE 4, PUBLIC RECORDS OF ST. LUCIE COUNTY, SAID LINE BEING PARALLEL WITH AND 51.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7; THENCE NORTH 00°17'48" EAST ALONG SAID RIGHT-OF- WAY LINE, A DISTANCE OF 2197.90 FEET; THENCE NORTH 89°42'43" EAST, A DISTANCE OF 285.12 FEET; THENCE SOUTH 00°13'49" WEST, A DISTANCE OF 919.04 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH WEST QUARTER (NW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7; THENCE NORTH 89°43'21" EAST ALONG SAID SECTIONAL LINE, A DISTANCE OF 168.59 FEET; THENCE NORTH 00°11'49" EAST, A DISTANCE OF 275.94 FEET; THENCE NORTH 89°42'05" EAST, A DISTANCE OF 1179.02 FEET TO THE POINT OF BEGINNING. CONTAINING 61.62 ACRES, MORE ORLESS. PARCEL 2A (LYING IN THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 7) COMMENCE AT THE SAID NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7; THENCE SOUTH 89°42'05" WEST ALONG THE NORTH LINE OF THE SOUTH HALF (S 1/2) OF SAID SECTION 7, A DISTANCE OF 3346.98 FEET TO THE WEST LINE OF THE EAST HALF (E 1/2) OF THE EAST HALF (E 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 7; THENCE File No.: PUD-04-003 and RZ-04-004 November 15, 2004 Resolution 05-010 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 1. 60 '-' . ....., SOUTH 00°15'12" WEST ALONG SAID WEST LINE, A DISTANCE OF 406.65 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00°15'12" WEST ALONG THE SAID WEST LINE OF THE EAST HALF (E 1/2) OF THE EAST HALF (E 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 7, A DISTANCE OF 1579.80 FEET TO THE NORTH LINE OF THE EAST HALF (E 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 7; THENCE SOUTH 89°46'36" WEST ALONG SAID NORTH LINE, A DISTANCE OF 330.13 FEET TO THE WEST LINE OF SAID EAST HALF (E 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 7; THENCE SOUTH 00°13'54" WEST ALONG SAID WEST LINE, A DISTANCE OF 616.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 35, AS DESCRIBED BY DEED RECORDED IN CHANCERY ORDER BOOK 3, PAGE 4, PUBLIC RECORDS OF NORTH ST. LUCIE COUNTY, SAID NORTH LINE BEING A LINE PARALLEL WITH AND 46.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 7; THENCE NORTH 89°48'06" EAST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 938.70 FEET TO THE WEST RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 29, AS SHOWN ON THEIR "INFORMATION MAP" DATED MAY 1991 (UNRECORDED) AND AVAILABLE AT 2721 SOUTH JENKINS ROAD, FT. PIERCE, FLORDA 34961, SAID RIGHT-OF-WAY LINE BEING PARALLEL WITH AND 51.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO THE EAST LINE OF THE SOUTHWEST QUARTER (SW1/4) OF SAID SECTION 7; THENCE NORTH 00°17'48" EÂST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 1278.84 FEET TO THE END OF SAID RiGHT~OF- WAY, AS SHOWN BY MAP AND TO THE SOUTHERLY END OF THE WEST RIGHT-OF-WAY LINE OF SAID CANAL NO. 29, AS DESCRIBED BY DEED RECORDED IN CHANCERY ORDER BOOK 3, PAGE 4, SAID LINE BEING 51.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO THE SAID EAST LINE OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 7; THENCE NORTH 00°17'48" EAST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE 01= 917.92 FEET; THENCE SOUTH 89°43'35" WEST, A mSTANCE OF 610.47 FEET TO THE POINT OF BEGINNING. CONTAINING 35.40 ACRES, MORE OR LESS. PARCEL 3A (LYING IN THE NORTHWEST QUARTER (NW 1/4) OF SECTION 18) COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 18; THENCE SOUTH 89°44'36" WEST ALONG THE NORTH LINE OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 18, A DISTANCE OF 2709.21 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 18; THENCE SOUTH 89°48'06" WEST ALONG THE NORTH LINE OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 18, A DISTANCE OF 659.77 FEET TO THE WEST LINE OF THE EAST HALF (E 1/2) OF THE EAST HALF (E 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 18; THENCE SOUTH 00°08'55" WEST ALONG SAID WEST LINE, A DISTANCE OF 61.00 FEET TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF PETERSON ROAD (A 15.0Ö FOOT RIGHT-OF-WAY), AS DESCRIBED BY DEED REéoRDED IN DEED BOOK 75, PAGE 531, PUBLIC RECORDS OF ST. LUCIE COUNTY, SAID LINE BEING PARALLEL WITH AND 61.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO THE SAID NORTH LINE OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 18, AND SAID POINT OF INTERSECTION BEING THE POINT OF BEGINNING; THENCE SOUTH 00°08'55" WEST ALONG SAID WEST LINE OF THE EAST HALF (E 1/2) OFTHE EAST HALF (E 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 18, A DISTANCE OF 2564.69 FEET TO THE NORTH RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER_ WATER CONTROL DISTRICT CANAL NO. 36, AS DESCRIBED BY DEED RECORDED IN DEED BOOK 41, PAGE 499, PUBLIC RECORDS OF ST. LUCIE COUNTY, SAID RIGHT-OF-WAY LINE BEING PARALLEL WITH AND 44.50 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF THE SAID NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 18; THENCE NORTH 89°13'42" EAST ALONG SAID RIGHT-OF-WAY LiNE, A DISTANCE OF 576.35 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 29 (FIVE MILE CREEK) (A 128.00 FOOT RIGHT-OF-WAY) AS DESCRIBED BY DEED RECORDED IN DEED BÖOK 41, PAGE 499, PUBLIC RECORDS OF SAID ST. LUCIE COUNTY; THENCE TRAVERSING THE WESTERLY RIGHT-OF-WAY LINE OF SAID CANAL NO. 29 BY THE FOLLOWING FIVE (5) COURSES: NORTH 12°38'44" WEST, A DISTANCE OF 656.28 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 641.10 FEET; File No.: PUD-04-003 and RZ-04-004 November 15, 2004 Resolution 05-010 Page 4 1 2. 2 3 3. 4 5 6 4. 7 8 5. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 1. 41 42 2. 43 44 3. 45 46 4. 47 48 5. 49 50 51 52' 53 54 55 56 57 58 59 60 ~ "wi NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 25°59'05", AN ARC DISTANCE OF 290.75 FEET TO A POINT OF TANGENCY WITH A LINE NORTH 13°20'20" EAST ALONG SAID LINE, A DISTANCE OF 652.24 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 508:62 FEET; NORTHEASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 13°05'42", AN ARC DISTANCE OF 116.25 FEET TO A POINT OF TANGENCY WITH A LINE NORTH 00°14'38" EAST ALONG SAID LINE, A DiStANCE OF 880.54 FEET TO THE SAID SOUTH RIGHT-OF-WAY LINE OF PETERSON ROAD. THENCE DEPARTING SAID CANAL NO. 29 RIGHT-OF-WAY LINE, SOUTH 89°48'06" WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 595.66 FEET TO THE POINT OF BEGINNING. CONTAINING 31.185 ACRES, MORE OR LESS. PARCEL 4A (LYING IN THE NORTH HALF (N 1/2) OF SECTION 18) COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 18; THENCE SOUTH 01°19'48" WEST ALONG THE EAST LINE OF THE NORTHEAST QUARTER (NE 1/4) SAID SECTION 18, A DISTANCE OF 1650.41 FEET TO THE NORTH LINE OF THE SOUTH HALF (S 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 18; THENCE SOUTH 89°25'25" WEST ALONG SAID NORTH LINE, A DISTANCE OF 25.01 FEET TO THE WEST RIGHT-OF-WAY LINE OF HARTMAN ROAD, AS DESCRIBED BY DEED RECORDED IN OFFICIAL RECORD BOOK 71, PAGE 126, PUBLIC RECORDS OF ST. LUCIE COUNTY; THENCE NORTH 01°19'48" EAST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 180.00 FEET TO A POINT IN THE NORTH LINE OF THAT PARCEL OF LAND OWNED BY ELMER O. SMITH AND DESCRIBED BY DEED RECORDED IN OFFICIAL RECORD BOOK 55, PAGE 366, PUBLIC RECORDS OF SAID ST. LUCIE COUNTY, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST RIGHT-OF-WAY LINE OF HARTMAN ROAD, NORTH 01°19'48" EAST, A DISTANCE OF 1409.53 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF PETERSON ROAD (A 15.00 FOOT RIGHT-OF-WAY), AS DESCRIBED BY DEED RECORDED IN DEED BOOK 75, PAGE 531, PUBLIC RECORDS OF SAID ST. LUCIE COUNTY, SAID LINE BEING PARALLEL WITH AND 61.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 18; THENCE SOUTH 89°44'36" WEST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 2619.64 FEET TO THE EAST RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 29 (FIVE MILE CREEK) (A 128.00 FOOT RIGHT-OF-WAY); THENCE TRAVERSING THE EASTERLY RIGHT-OF-WAY LINE OF SAID CANAL NO. 29, BY THE FOLLOWING FIVE (5) COURSES: SOUTH 00°14'38" WEST, A DISTANCE OF 881.60 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 636.62 FEET; SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 13°05'42", AN ARC DISTANCE OF 145.50 FEET TO A POINT OF TANGENCY WITH A LINE SOUTH 13°20'20" WEST ALONG SAID LINE, A DISTANCE OF 652.24 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 513.10 FEET; SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 25°59'05", AN ARC DISTANCE OF 232.70 FEET TO A POINT OF TANGENCY WITH A LINE SOUTH 12°38'44" EAST ALONG SAID LINE, A DISTANCE OF 679.62 FEET TO THE NORTH RIGHT-OF- WAY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO.6, AS DESCRIBED BY DEED RECORDED IN DEED BOOK 41, PAGE 499, PUBLIC RECORDS OF ST. LUCIE COUNTY, SAID RIGHT-OF-WAY LINE BEING PARALLEL WITH AND 48.00 FEET NORTH OF, AS MEASURED AT . RIGHT ANGLES TO THE SOUTH LINE OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 18; THENCE DEPARTING SAID CANAL NO. 29 RIGHT-OF-WAY LINE, NORTH 89°13'42" EAST ALONG SAID CANAL NO.6 RIGHT-OF-WAY LINE, A DISTANCE OF 614.37 FEET TO THE EAST END OF SAID DEEDED RIGHT-OF-WAY AND THE BEGINNING OF THE NORTH RIGHT-OF-WAY LINE OF CANAL NO. 6, AS SHOWN ON SAID NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT "INFORMATION MAP", SAID RIGHT-OF-WAY LINE BEING PARALLEL WITH AND 48.00 FEET NORTH OF, AS MËASURED AT RIGHT ANGLES TO THE SAID SOUTH LINE OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 18; THENCE CONTINUE NORTH 89°13'42" EAST ALONG SAID MAP RIGHT-OF-WAY LINE, A DISTANCE File No.: PUD-04-003 and RZ-04-004 November 15, 2004 Resolution 05-010 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 C. 24 25 26 27 28 29 D. 30 31 32 33 34 35 36 37 '-' ...., OF 665.24 FEET TO THE EAST END OF SAID MAP RIGHT-OF-WAY LINE AND BEGINNING OF THE NORTH RIGHT-OF-WAY LINE OF SAID CANAL NO.6, AS DESCRIBED BY DEED RECORDED IN CHANCERY ORDER BOOK 3, PAGE 4, PUBLIC RECORDS OF SAID ST. LUCIE COUNTY, SAID LINE BEING A LINE PARALLEL WITH AND 48.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO THE SAID SOUTH LINE OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 18; THENCE NORTH 89°13'42" EAST ALONG SAID DEEDED RIGHT-OF-WAY LINE, A DISTANCE OF 665.25 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 18; THENCE NORTH 01°03'25" EAST ALONG SAID EAST LINE AND ALONG THE EAST LINE OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SËCTION 18, A DISTANCE OF 944.35 FEET TO THE NORTH LINE OF THE SOUTH HALF (S 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 18; THENCE NORTH 89°25'25" EAST ALONG SAID NORTH LINE, A DISTANCE OF 494.66 FEET TO THE WEST LINE OF THE SAID ELMER O. SMITH PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 55, PAGE 366; THENCE NORTH 01°19'48" EAST ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 180.00 FEET TO THE NORTH LINE OF SAID PARCEL; THENCE NORTH 89°25'25" EAST ALONG SAID NORTH LINE, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING. CONTAINING 140.574 ACRES, MORE OR LESS. This preliminary Planned Unit Development Site Plan approval shall expire on November 15, 2006, unless an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code or Final Planned Unit . Development Approval has been granted. The Preliminary Planned Unit Development Site Plan/General Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Bentcreek - PUD. including any successors in interest, shall obtain all necessary development permits and construction authorizations form the appropriate State and Federal regulatory authorities, including but not limited to; the United Stated Army Corp of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence developmentaqtivities on the property described in Part B. File No.: PUD-04-003 and RZ-04-004 November 15, 2004 Resolution 05-010 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 '-' ....,¡ E. The conditions set forth in Part A are an integral nonseverable part of the site plan approval granted by this Resolution. If any condition set forth in Section A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. F. A copy of this Resolution shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Growth Management Department. After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson xxx Vice-Chairman Doug Coward xxx XXX Commissioner Joseph E. Smith Commissioner Paula Lewis XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED this 18TH day of January, 2005. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST APPROVED AS TO FORM AND CORRECTNESS File No.: PUD-04-003 and RZ-04-004 November 15, 2004 Resolution 05-010 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 '-' Deputy Clerk G:\projects\BOCCagendaO 1 .08.05.BentCreek. Resolution.doc File No.: PUD-04-003 and RZ-04-004 November 15, 2004 ....." . County Attorney Resolution 05-010 Page 8 " '-' '....I 5.E GROWTH MANAGEMENT (1-1307) Application of Lennar Homes, Inc., for Preliminary Planned Unit Development approval for a project to be known as Bent Creek- Consider staff recommendation to adopt Resolution No. 04-221 including eight limiting conditions, which grant Preliminary Development Plan approval for the project known as Bent Creek. The Planning Manager addressed the Board and stated there fOllr several changes staff recommended. The developer agreed to (a) to eliminate several lots and designate the area as an open space. park recreation area. The developer also gave valid reasons why the other 3 were not practical. Staf[recommends (a) be included. The eight limiting conditions were read and recommended approval by staff. Com. Hutchinson questioned the lack of connection from Peterson to Jenkins and this has bccn her isslIC since day one on this projecl. Whcre is the public use orthe park which is in "~ middle oflhc (.~nlllmllnily. Mr. }on CIIO/.l'.O addrcssl:d Ihe projel.:1 and thc Bomd's qucstions. Mr. Mike LaCoursiere. Engincer for the project, addressed the storm water qucstion. He stated nonc would be going into the park. pÜrcel A will be going into canal # 5 and parcel B will also discharge into canal # 5. P<lrcel C will discharge into the lake and then the lake will discharge into the canal once again. Com. Coward advised the Board he hadcorrespondenee with Phil Guettler this afternoon. This project was denied by the P & Z Board 5 to 3. One of the main concerns was the broader road network. This project is proposing the abandonment of Peterson Road. Com. Coward stated his m.ain issue is Peterson Road. A better concept is needed as to how these parcels will fit together and what the regional road network will be. . Simply building a gated community across the existing right of ways and closing them down is not good planning. Mr. RcU Waldman. LCllnar Homcs addresscd the Board regarding the agrccmcnt to maintain the drainage calwls hy the Water District. They arc prescntly negotiating this agrecl11cnl. Com. Hutchinson addressed the meeting she had with the District and the District's letter. Com. Cow¡:lrd stated there are outstanding issues that need to be addressed before he could consider voting on this issue. The network of roads must be considered and he does not agree with the abandonment of Peterson Road. Com. Barnes stated he felt it was not ~lÌr to ask the public to maintain a portion of the open space requirement. (·om. Barnes and ('01\1. ('lIw:ml hoth suggcsted Ihc developcr comc hack with tilL' iSSUL~S . t . t . . , . . I . . . ~ .. . t _ . _. . ... . .. ..... I. ~ .......:.:.......... '-' ....", Ms. Clauersby, Sandalwood resident, addressed the Board regarding the project. Her main concern was thatthcy do not want Pctcrson Road paved. Shc fears the road would become a racc track <I1ltl ,111 arca whcrc people wi II mcct to drink as they havc donc in the past. It was moved by Com. Sames, seconded by Corn. Coward to continue this hearing on January 18,2005 at 6:00 p.m. or as soon thereafter as possible, and; upon roll calÍ, Illotion carried unanimously. 5.G GROWTH MANAGEMENT (2-0517) Consider the application of Gary Smiegel, Smiegel Partners, IX, LLC, for preliminary I'll ) approva I It)r t hL" pro,it'd known as Or:lI1gc A vell\le COl11l11crcial-No :Ict iOIl rcquired Rcsolution 04-222 granting PrcliJninary Developmcnt Plan approval for as Project Known as Or,lI1gc AVL'I1\1L' ('ol11l11crcial has hecll withdrawll. The Board accepted the withdrawal of this petition. 5.11 GROWTH MAN^(ìEMENT (2-058R) Consider DV A 04-002 approving the rcqucst·orGary Smic~el, Smiegel Partner IX, Ltd., lor a Development Agrecment regarding a project known as Orange A venue Commercial Development for property located on the south of Orange A venue, approximately 340 feet west of the intersection of Sandalwood Drive and Orange A venue- Consider staff recommendation to approve the Development Agreement DV A 04-002 for the project known as Orange A venue Commercial Development. The County Attorney advised the Board the developer has requested in section IS, to specify the types of penn its to be County, State and Federal and this is consistent with our understanding and does not have a problem at a staff level to incorporate being more spcei lie. Il was moved by Cum.' Barnes, SCCOIllll:d by Com. ßruhn, to approve DV ^ 04-002, and; upon roll call, motion carried unanimously. 5.1 GROWTH MANAGEMENT (2-1838) Consider Draft Ordinance 04-003 amending the St. Lucie County Land Development Code by creating Section 3.01.03(EE) Cpub, Conservation-Public, Zoning District and by amending Section 7.04.01, Table 7-10 to provide for minimum lot standards for this new zoning district. Thisis the first of two public hearings and no action is required of the Board. The second Public Hearing will be held on December 7,2004 at 6:00 p.m. or as soon thereafter as possible. The Planning Manager addressed recommended changes requested by the P& Z Board. No action n:l uired. 5..1 GROWTH MANAGEMENT (2-2147) - '-' """'" Agenda Request Item Number: Meeting Date: 5E Nov. 15,2004 Consent Regular Public Hearing L [ ] [ ] [ ] [X ] Quasi-JD [ X ] SUBJECT: Application of Lennar Homes, Inc., for Preliminary Planned unit development Approval for the project known as Bent Creek. To: Submitted By: Board of County Commissioners· Growth Management BACKGROUND: Lenriar Homes, Inc., has applied for Preliminary Planned Unit Development approval for a project known as Bent Creek located on the west side of Hartman Road, north of White Way Dairy Road, south of Orange Avenue and east of Five mile Creek. FUNDS AVAILABLE: PREVIOUS ACTION: N/A At the October 21, 2004 public hearing, the Planning and Zoning Commission by a vote of 5-3, (Mr. Lounds Mr. McCurdy and Mrs. Morgan voting against and one member absent Mr. Akins). recommended denial of the project. At its November 9, 2004 meeting the Board held the first of two hearings on this matter. RECOMMENDATION: Adopt resolution 04-221, including eight limiting conditions, which grants Preliminary Development Plan Approval for the project known as Bent Creek. COMMISSION ACTION: c=J APPROVED c=J OTHER CONCURRENCE: D DENIED Douglas M. Anderson County Administrator Coordination/ Signatures County Attorney Finance.: Environ. Resources;~ ~ Engineering: !k Mgt. & Budget: Fire Dept: Utility: Road & Bridge: Creek Purchasing: Public Works: Other: , \w ....", BOARD OF COUNTY COMMISSIONERS REVIEW: 11/15/04 File Number: PUD-04-003 and RZ-04-004 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM FROM: Board of County Commissioners l' /J Assistant Growth Management Director ;r-- November 10, 2004 TO: DATE: SUBJECT: Application of LennarHomes, Inc., for Preliminary Planned Unit Development approval for the project known as Bent Creek. LOCATION: West side of Hartman Road, north of White Way Dairy Road, South of Orange Avenue and east of 5-Mile Creek ZONING DESIGNATION: RS-3 (Residential, Single-fami!y - 3 du/acre), IL (Industrial Light), and CG (Commercial General) PROPOSED ZONING: PUD (Planned Unit Development - Bent Creek) LAND USE DESIGNATION: RM (Residential Medium) PARCEL SIZE: 268.9 acres PROPOSED USE: 722 detached, single-famiiy unit residential subdivision (gross density of 2.69 du/acre) with 351 units located on 65' x 135' lots and 371 units located on 52' x 125' lots. SURROUNDING ZONING: CG (Commercial, General) to the north, RS-3 (Residential, Single-family - 3 du/acre) to the south, east and west COM (Commercial) to the north; AM (Residential Medium) to the south and west and RU (Residential Urban) to the east. SURROUNDING LAND USES: Bordering the project site to the north are vacant commercial lands, single-family residential on various tracts to the south, and west, Sandalwood Estates residential development to thè east. FIRE/EMS PROTECTION·: Station #1 (2400 Rhode Island) is located approximately three miles to the southeast. UTILITY SERVICE: Ft. Pierce Utility Authority will provide water and sewer to the subject property .... "WI November 10, 2004 Page 2 Petition: Bent Creek, PUD File: PUD-04-003 and RZ-04-004 TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The right-of-way width for Orange Avenue is 80 feet. The right-of-way width for Peterson Road is 15 feet. The right-of-way width for Hartman Road is 70 feet. . SCHEDULED IMPROVEMENTS: Orange Avenue is currently being widened by the Florida Department of Transportation from a two-lane undivided facility to a 4-lane divided facility. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity. *********************************** STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the County Commission shall consider the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The applicant is requesting à. Preliminary PUD (Planned Unit Development - Bent Creek) approval for the entire 269±acre tract of land to be developed as the Bent Creek PUD. The proposed change in zoning has been determined to not be in conflict with any applicable provision of the St. Lucie County Land Development Code. According to Section 7.01.01 of the LDC, the purpose of the Planned Unit Development (PUD) zoning district is to achieve residential land development of superior quality through the encouragement of flexibility and creativity in design options that: A. Permit creative approaches to the development of residential/and reflecting changes in the technology of land development; The applicant's proposed design includes a detached, single-family residential development with 722 lots, with a breakdown as follows: ............. -- - --- '-' ....." November 1 0, 2004 Page 3 Petition: Bent Creek, PUD File: PUD-04-003 and RZ-04-004 Lot Size # of units Price Range 65' x 1'35' 351 $250,000 - $300,000 52' x 125' 371 $200,000 - $250,000 The applicant's proposed design has incorporated the existing land features in order to preserve the environmentally sensitive area along 5-Mile Creek, in addition, the site design incorporates a number of stormwater compensation lake features which will handle an overflow of water during a major storm event. To the west of 5-Milè Creek, the petitioner's site design incorporates a 31.2-acre tract of land that is to be utilized as a 21.52 acre lake system and stormwater compensation system with a public park facility. .. Of 1he 268.9 acres, a total of 94.1 acres are required to be preserved in order to meet the minimum 35% open space requirement of the 8t. Lucie County Land Development Code. The applicant has met the 35% open space requirement through the preservation of 94.5acres (49.4 acres within the lake areas, 3.01 acres within the recreation area and 42.4 acres within the areas surrounding the lakes, and perimeter buffering). B. Allow for the efficient use of/and, which can result in smaller networks of utilities and streets and thereby lower development costs; The project is designed with a roadway network system internally connecting the entire project.. The primary access point into the development is from Hartman Road. There is an additional access road from Orange Avenue to the north which will connect the proposed residential project to the proposed Orange Avenue Commercial project. The applicant will be providing turn lanes into the project from the Hartman Road. Fort Pierce Utility Authoritywill be providing water and sewer to the subject property. The applicant has provided verification from FPUA that sufficient capacity is available to meet the demands of this project. The applicant as part of the infrastructure improvements will be required to extend the water and sewer lines into the subject site. The applicant is currently working with the St. Lucie County Fire District to finalize an agreement for the siting of fire station. The applicant and the Fire District have worked out an agreement to pay an additional $165.00 per unit above and beyond the current Impact Fees collected by the County. C. Allow design options that encourage an environment òf stable character,compatible with surrounding land uses; and, Bordering the project site to the north are vacant commercial lands, single-family residential on various tracts to the south, and west, Sandalwood Estates residential development to the east. Based upon the current development patterns, the proposed residential project is consistent with the existing development patterns in the area. -- ~- - ~ ,., November 10, 2004 Page 4 Petition: Bent Creek, PUD File: PUD-04-00á and RZ-04-004 D. Permit the enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities and the provision of recreation and open space. The applicant's proposed design has incorporated the existing land features in order to preserve the environmentally sensitive area along 5-Mile Creek, in addition, the site design incorporates a number of stormwater compensation lake features which will remove handle an overflow of water during a major storm event. To the west of 5-Mile Creek, the petitioner's site design incorporates a 31 .2-acre tract of land that is to be utilized as a 21.52 acre lake system and stormwater compensation system with a public park facility. The proposed site design will not result in significant adverse impacts on the natural environment. Previously, the site was cleared and utilized as a tomato field/farm. In addition, the subject property has been impacted by Brazilian Pepper (impacting 75% of the entire site). No wildlife was found on the site.· Of the 268.9 acres, a total of 94.1 acres is required to be preserved in order to meet the minimum 35% open space requirement of the St. Lucie County Land Development Code The application for Preliminary Planned Unit Development (PUD) approval has been reviewed for consistency with the provisions 'of the St. Lucie County Land Development Code and has been determined to meet all applicable standards of review. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The applicant has demonstrated that the proposed PUD (Planned Unit Development) amendment is consistent with all elements of the St. Lucie County Comprehensive Plan. Policy 1.1.1.1 allows for residential development within the RM (Residential Medium) Future Land Use classification at a maximum density of 9 du/acre. The proposed project has aRM (Residential Medium) FLU designation. Based upon this, the entire site could be permitted a maximum of 2,420 duo The proposed project was designed with a density of 722 units (2.69 dulacre), which is consistent with the existing Future Land Use designations. Policy 1.1.4.2 requires that new development be designed and planned in a manner, which does not place an unanticipated economic burden upon the services and facilities of St. Lucie County. The subject property is located in the Ft. Pierce Utility Authorif{ designated service area. Sewer and water lines were previously installed along South 28 Street in the vicinity of the subject property. Fort Pierce Utility Authority has provided verification that sufficient capacity is available to meet the water demands of the project. '-' "wi November 10, 2004 Page 5 Petition: Bent Creek, PUD File: PUD-04-003 and RZ-04-004 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; This proposed change in zoning and the accompanying Planned Unit Development site plan is consistent with the existing and propbsed uses within the area. Bordering the project site to the north are vacant commercial lands, single-family residential on various tracts to the south, and west, Sandalwood Estates residential development to the east. 4. Whether there have been changed c~nditions that require an amendment; There are no changes that would require an amendment. However, the applicant has selected a development option that requires a change in zoning to the PUD (Planned Unit Development) zoning designation. This zoning designation includes a requirement for a specific site plan. If the County grants approval to the requested change, there is a specific acknowledgement and agreement by all parties to thè development plans for the property. 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;' The applicant is proposing a 722-unit detached, single-family residential project. This development will be required to extend the infrastructure for water and sewer lines into the subject property. The project is designed with a roadway system with the primary ingress/egress being located on Hartman Road and a secondary access being located on Orange Avenue, connecting the proposed project with the commercial project to the north (Orange Avenue Commercial). The applicant submitted a Traffic Impact Report (TIR) which looked at all the collector, major arterials, and minor arterials within a 2 mile radius of the site. The TIR indicates that the proposed project will generate approximately 6,341 daily trips. A total of 511 AM peak hour trips are expected to be generated by the proposed development with 128 trips going into the development and 383 trips leaving the development. A total of 633 PM peak hour trips are expected to be generated by the development with 405 trips entering the development and 228 trips leaving the development. The applicant's TIR also provided details on the trip distribution from the site onto the existing roadway network. 25% of the site traffic is expected to utilize the Orange Avenue exit; 25% of the site traffic is expected to travel north on Hartman Road to access Orange Avenue and 40% of the traffic is expected to travel south on Hartman Road to access Virginia Avenue. None of the roadway segments within the project impact area will experience a LOS of less than LOS C with the existing traffic, plus the expected trips from the proposed Bent Creek project. Neither condition, AADTor Peak Hour, will cause any of the effected segments to '-' , "wi November 10, 2004 Page 6 Petition: Bent Creek, PUD File: PUD-04-003 and RZ-04-004 have a lower level of service designation applied to them. The subject property is located within the Fort Pierce Utility Authority's service delivery area. The applicant has provided verification from FPUA that service is available to meet the demands of this project. The applicant will be required to extend the lines into the project as a condition of approval. The Bent Creek PUD will be served by adequate school facilities. A 722 unit, detached single-family residential subdivision is expected to generate 260 (.36 students per unit) new students. The Bent Creek PUD is located in School Choice Zone 1. Student assignments from this community will be made consistent with applicable St. Lucie County Board Of Education standards and regulations. The Bent Creek PUD will be subject to the County's Educational Impact Fee Ordinance. In addition, the applicant has agreed to pay an additional $490.00 per unit to the school board to address the issue of acquisition of land. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The upland areas on the property have been affected by previous clearing activities associated with the ongoing agricultural uses on the property. Brazilian pepper and Australian pine are the dominant canopy vegetation on the site and encompass approximately 75% of the "forested" upland vegetation. The overall onsite impacts will include the removal of 86 total inches of Laurel Oak on the site. The off-site natural resources affected by the proposed development are minimal. The applicant has provided a site design and designed the stormwater plans for the property to include a 31 .2-acre area, consisting of a 21.32 acre lake. The applicant has indicated a willingness to dedicate this property to the County as a public park. This area will give a public connection to the 5-Mile Creek and can begin the process of connecting this system to other systems within the County. Of the 268.9 acres, a total of 94.1 acres is required to be preserved in order to meet the minimum 35% open space requirement of the St. Lucie County Land Development Code. The applicant has met the 35% open space requirement through the preservation of 94.5 acres. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; The subject site is designated with a RM (Residential Medium) which permits a maximum density of 9 du/acre Future Land Use Map designations, allows for the development of a Planned Unit Development. This Future Land Use designation allows for the development of up to 2,420 residential units. In this instance, the development plans for the Bent Creek PUD call for a density of 722 units or 2.69 du/acre. Bordering the project site to the north are vacant commercial lands, single-family residential on various tracts to the south, and west, Sandalwood Estates residential development to the east. '-' ...., November 10, 2004 Page 7 Petition: Bent Creek, PUD File: PUD-04-003 and RZ-04-004 The proposed development is consistent with the surrounding area and would continue a logical development pattern for this area. . 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 would not be in conflict with the public ·interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The petitioner, Lennar Homes, Inc., is seeking approval for a Change in Zoning from the RS-3 (Residential, Singte-family - 3 du/acre), CG (Commercial General) and IL (Industrial Light) Zoning Districts to the PUD (Planned Unit Development - Bent Creek) Zoning District for the 722-unit, detached, single-family residential development to be known as Bent Creek PUD. The Bent Creek development is located on a 268.9-acre parcel of land located on the west side of Hartman Road at the northwest corner of the intersection of Hartman Road and White Way Dairy Road. During the site plan review process of this petition, staff recommended a number of changes to the site plan which included the following: a) Eliminate lots 234 through 247 (patio lot area - east of canal #29) and designate this area as an open space park/recreation area. b) Eliminate lots 92, 91, 113 and 114 (patio lot area west of canal #29) and in place provide for a mid-block connecting roadway. c) Relocate the roadway - connecting the areas east and west of canal #29 to the next street north. d) Eliminate or modify the area around lot 107 (south of canal 35) to provide a minimum 30-foot wide pedestrian access route to the community park site west of Five-Mile Creek. This will provide for a direct route of connection between the community clubhouse and the park site. The developer has agreed to modification a) above which will increase both the amount and percentage of open space. The developer has provided valid reasons for not making requested modifications b), c), and d). Staff recommends that modification a) be incorporated intoJhe site designprior to Final PUD approval Staff has determined that the Preliminary Planned Unit Development Plan for the Bent Creek PUD is compatible with the existing and proposed uses in the area. This petition meets the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff is recommending that the Commission adopt resolution 04-221, including the following eight limiting conditions, which grants Preliminary Development Plan Approval for the project known as Bent Creek.: 1. The developer, or his assigns, shall be required to construct right turn lanes at the entrance into -the project. '-" ...., November 10, 2004 Page 8 Petition: Bent Creek, PUD File: PUD-04-003 and RZ-04-004 2. No building permit shall be permitted to be' issued for those residential lots (Lots 75 - 107) lying east of Canal No. 29 (known as File Mile Creek) until such time as a revision to the food maps depicting the proposed lots being outside of the floodway has been approved by the Federal Emergency Management Agency (FEMA). 3. Prior to issuance of a building permit for any lot located in Parcel "B", lying north of Canal No. 35, the proposed connector road from Orange Avenue into the project site shall be constructed. 4. Prior to recording of the first plats for any portion of the property, the developer, or his assigns, shall have completed the execution of a final utility service agreement with Ft. Pierce Utility Authority, indicating all developer obligations, including schedules, associated . with servicing this site. 5. The applicant shall convey the 31.2 acre public park parcel to the County in a manner acceptable to the St. Lucie County Attorney. 6. Prior to issuance of a building permit for the construction on Hartman Road, the applicant shall be required to submit construction/engineering drawings for the Hartman Road enhancements to the St. Lucie County Engineer for review and approval. 7. It shall be the responsibility of the developer, to submit a park site plan (indicating all proposed amenities) for the proposed Park for review and approval by the Board of County Commissioners. 8. Prior to recording of the first plats for any portion of the property, the developer, or his assigns, shall submit a letter from the St. Lucie County School Board indicating that they have satisfied the St. Lucie County School Board. Please contact this office if you have any questions on this matter. Attachment DPK Projects/Bent Creek/bcc.stafCrpt.doc cc: Don Cuozzo, Houston Cuozzo Group Rett Waldman, Lennar Homes, Inc. County Administrator County Attorney Public Works Director Environmental Resource Manager ~ ......, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 RESOLUTION 04-221 File Number: PUD-04-003 and RZ-04-D04 A RESOLUTION GRANTING PRELIMINARY DEVELOPMENT PLAN APPROVAL FOR A PROJECT KNOWN AS BENTCREEK. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: . 1. Lennar Homes, Inc. presented a petition for a Preliminary Planned Unit DeveÎopment Plan for a 772-unit residentfal subdivision to be known as Bentcreek- PUD. 2. On October 21, 200·4, the St. Lucie Countý Planning and Zoning Commission held a public hearing on the petition of Lennar Homes, Inc., after publishing a notice of such hearing in the Tribune and the Port St. Lucie News and notifying by mail all property owners within 500 feet of the property boundaries. 3. On November 15, 2004, this Board held a public hearing on the petition of Lennar Homes, Inc., for Preliminary Planned Unit Development approval for the project known as Bentcreek - PUD after publishing a notice of such hearing in the Tribune and notifying by mail all property owners within 500 feet of the subject property. 4. The Development Review Committee has reviewed the Preliminary Planned Unit Development site plan for the proposed project and found it to meet all technical requirements and to be consistent with the futur·e land use maps of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this· Resolution. 5. The proposed project is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances ofSt. Lucie County. 6. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utiljty facilities or other matters affecting the public health, safety and general welfare; 7. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 8. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 9. The proposed project will be served by adequate public facilities and services. . File No.: PUD-04-003 and RZ-04-004 November 15, 2004 Resolution 04-021 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 .39 40 41 42 43 44 45 46 47 48 49 '-' 'wi 10. The applicant has demonstrated that water supply; evacuation facilities and emergency access are satisfactory to provide adequate fire protection. 11. A Concurrency Deferral Affidavit" a copy of which is attached to this Resolution, was granted by the Growth Management Director on November 15, 2004. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code, the Preliminary Planned Unit Development Plan for the project to be known as Bentcreek'" PUD, and is hereby, approved as shown on the site plan drawings for the project prepared by Houston Cuozzo Group, revised on July 11, 2004; and date stamped received by the St. Lucie County Growth Management Department on October 19, 2004, subject to· the following conditions: 1. The developer, or his assigns, shall be required to construct right turn lanes at the project entrance into the project. 2. No building permit shall be permitted to be issued for those residential lots (Lots 75 - 107) Iyipg east of Canal No. 29 (known as File Mile Creek) until such time as a revision to the food maps depicting the proposed lots being outside of the floodway has been ^ approved by the Federal Emergency Management Agency (FEMA). 3. Prior to issuance of â building permit for any lot located in Parcel "B", lying north of Canal No. 35, the proposed connector road from Orange Avenue into the project site shall be constructed. 4. Prior to recording of the first plats for any portion of the property, the developer, or his assigns, shall have completed the execution of a final utility service agreement with Ft. Pierce Utility Authority, indicating all developer obligations, including schedules, associated with servicing this site. 5. The applicant shall convey the 31.2 acre public park parcel to the County in a manner acceptable to the St. Lucie County Attorney. 6. Prior to issuance of a building permit for the construction on Hartman Road, the applicant shall be required to submit construction/engineering drawings for the Hartman Road enhancements to the St. Lucie County Engineer for review and approval. 7. It shall be the responsibility of the developer, to submit a park site plan (indicating all proposed amenities) for the proposed Park for review and approval by the Board of County Commissioners. 8. Prior to recording of the first plats for any portion of the property, the developer, or his assigns, shall submit a letter from the St. Lucie County School Board indicating that they File No.: PUD-04-003 and RZ-04-004 November 15, 2004 Resolution 04-021 Page 2 1 2 3 4 5 B. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 \.r' "wi have satisfied the St. Lucie County School Board. The property on which this site plan approval is being granted is described below. LEGAL DESCRIPTION PARCEL 1A fLYING IN THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 71 COMMENCE AT THE ~ORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7; THENCE SOUTH 89°42'05" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE 1/4) OF SECTION 7, A DISTANCE OF 1006.95 FEET TO THE EAST LINE OF THE WEST HALF (W 1/2) OF THE WEST HALF (W 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7; THENCE SOUTH 00°02'10" EAST ALONG SAID EAST LINE, A DISTANCE OF 49.07 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF ORANGE AVENUE (STATE ROAD NO. 68), AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP, STATE PROJECT NO. 94070- 2505 (UNRECORDED), MAP AS PREPARED BY BETSY LINDSAY, INC., DATED 07/03/Q2, SAID RIGHT- OF-WAY LINE BEING PARALLEL WITH AND 49.07 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7; THENCE SOUTH 00°02'10" EAST ALONG THE SAID EAST LINE, A DISTANCE OF 1000.01 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00°02'10" EAST ALONG THE SAID EAST LINE OF THE WEST HALF (W 1/2) OF THE WEST HALF (W 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7, AND ALONG THE EAST LINE OF THE WEST HALF (W 1/2) OF THE WEST HALF (W 1/2) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7; A DISTANCE OF 1555.81 FEET TO THE NORTH RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 5, AS DESCRIBED BY DEED RECORDED IN CHANCERY ORDER BOOK 3, PAGE 4, PUBLIC RECORDS OF ST. LUCIE COUNTY, SAID LINE BEING PARALLEL WITH AND 46.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7; THENCE SOUTH 89°44'36" WEST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 1642.36 FEET TO THE EAST RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 29, AS DESCRIBED BY DEED RECORDED IN CHANCERY ORDER BOOK 3, PAGE 4, PUBLIC RECORDS OF ST. LUCIE COUNTY, SAID LINE BEING PARALLEL WITH AND 51.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7; THENCE NORTH 00°17'48" EAST ALONG SAID RIGHT-OF- WAY LINE, A DISTANCE OF 2197.90 FEET; THENCE NORTH 89°42'43" EAST, A DISTANCE OF 285.12 FEET; THENCE SOUtH 00°13'49" WEST, A DISTANCE OF 919.04 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH WEST QUARTER (NW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7; THENCE NORTH 89°43'21" EAST ALONG SAID SECTIONAL LINE, A DISTANCE OF 168.59 FEET; THENCE NORTH 00°11'49" EAST, A DISTANCE OF 275.94 FEET; THENCE NORTH 89°42'05" EAST, A DISTANCE OF 1179.02 FEET TO THE POINT OF BEGINNING. CONTAINING 61.62 ACRES, MORE OR LESS. PARCEL 2A (LYING IN THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 7) COMMENCE AT THE SAID NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7; THENCE SOUTH 89°42'05" WEST ALONG THE NORTH LINE OF THE SOUTH HALF (S 1/2) OF SAID SECTION 7, A DISTANCE OF 3346.98 FEET TO THE WEST LINE OF THE EAST HALF (E 1/2) OF THE EAST HALF (E 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 7; THENCE SOUTH 00°15'12" WEST ALONG SAID WEST LINE, A DISTANCE OF 406.65 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00°15'12" WEST ALONG THE SAID WEST LINE OF THE EAST HALF (E 1/2) OF THE EAST HALF (E 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 7, A DISTANCE OF 1579.80 FEET TO THE NORTH LINE OF THE EAST HALF (E 1/2) OF THE SOUTHWEST QU~RTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHWEST File No.: PUD-04-003 and RZ-04-004 November 15, 2004 Resolution 04-021 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20. 21 22 23 24 25 26 27 28 29 30. 31 32 33 34 35 36 37 38 39 40. 41 42 43 44 45 46 47 48 49 50. 51 52 53 54 1. 55 56 2. 57 58 3. 59 60. '-' ...." QUARTER (SW 1/4) Of SAID SECTION 7; THENCE SOUTH 89°46'36" WEST ALONG SAID NORTH LINE, A DISTANCE Of 330.13 fEET TO THE WEST LINE Of SAID EAST HALf (E 1/2) Of THE SOUTHWEST QUARTER (SW 1/4) Of THE SOUTHEAST QUARTER (SE 1/4) Of THE SOUTHWEST QUARTER (SW 1/4) Of SAID SECTION 7; THENCE SOUTH 00°13'54" WEST ALONG SAID WEST LINE, A DISTANCE Of 616.00 fEET TO THE NORTH RIGHT-Of-WAY LINE Of ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 35. AS DESCRIBED BY DEED RECORDED IN CHANCERY ORDER" BOOK 3, PAGE 4, PUBLIC RECORDS Of NORTH ST. LUCIE COUNTY, SAID NORTH LINE BEING A LINE PARALLEL WITH AND 46.00 fEET NORTH Of, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF THE SOUTHWEST QUARTER (SW 1/4) Of SAID SECTION 7; THENCE NORTH 89°48'06" EAST ALONG SAID RIGHT-Of-WAY LINE, A DISTANCE Of 938.70 fEET TO THE WEST RIGHT-Of-WAY LINE Of NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 29, AS SHOWN ON THEIR "INfORMATION MAP" DATED MAY 1991 (UNRECORDED) AND AVAILABLE AT 2721 SOUTH JENKINS ROAD, fT. PIERCE, fLORDA 34961, SAID RIGHT-Of-WAY LINE BEING PARALLEL WITH AND 51.00 fEET WEST Of, AS MEASURED AT RIGHT ANGLES TO THE EAST LINE OF THE SOUTHWEST QUARTER (SW 1/4) Of SAID SECTION 7; THENCE NORTH 00°17'48" EAST ALONG SAID RIGHT-Of-WAY LINE, A DISTANCE Of 1278.84 fEET TO THE END Of SAID RIGHT-Of- WAY, AS SHOWN BY MAP AND TO THE SOUTHERLY END OF' THE WEST RIGHT-Of-WAY LINE Of SAID CANAL NO. 29, AS DESCRIBED BY DEED RECORDED IN CHANCERY ORDER BOOK 3, PAGE 4, SAID LINE BEING 51.00 fEET WEST Of, AS MEASURED AT RIGHT ANGLES TO THE SAID EAST LINE Of THE SOUTHWEST QUARTER (SW 1/4) Of SECTION 7; THENCE NORTH 00°17'48" EAST ALONG SAID RIGHT-Of-WAY LINE, A DISTANCE Of 917.92 fEET; THENCE SOUTH 89°43'35" WÈST, A DISTANCE Of 610.47 fEET TO THE POINT Of BEGINNI NG. CONTAINING 35.40 ACRES, MORE OR LESS. PARCEL 3A (LYING IN THE NORTHWEST QUARTER (NW 1/4) Of SECTION 18) COMMENCE AT THE NORTHEAST CORNER Of SAID SECTION 18; THENCE SOUTH 89°44'36" WEST ALONG THE NORTH LINE Of THE NORTHEAST QUARTER (NE 1/4) Of SAID SECTION 18, A DISTANCE Of 2709.21 fEET TO THE NORTHWEST CORNER Of THE NORTHEAST QUARTER (NE 1/4) Of SAID SECTION 18; THENCE SOUTH 89°48'06" WEST ALONG THE NORTH LINE Of THE NORTHWEST QUARTER (NW 1/4) Of SAID SECTION 18, A DISTANCE Of 659.77 fEET TO THE WEST LINE Of THE EAST HALF (E 1/2) OF THE EAST HALF (E 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 18; THENCE SOUTH 00°08'55" WEST ALONG SAID WEST LINE, A DISTANCE Of 61.00 fEET TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF PETERSON ROAD (A 15.00 fOOT RIGHT-Of-WAY), AS DESCRIBED" BY DEED RECORDED IN DEED BOOK 75, PAGE 531, PUBLIC RECORDS OF ST. LUCIE COUNTY, SAID LINE BEING PARALLEL WITH AND 61.00 fEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO THE SAID NORTH LINE OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 18, AND SAID POINT OF INTERSECTION BEING THE POINT Of BEGINNING; THENCE SOUTH.00008'55" WEST ALONG SAID WEST LINE OF THE EAST HALF (E 1/2) OF THE EAST HALF (E 1/2) Of THE NORTHWEST QUARTER (NW 1/4) Of SAID SECTION 18, A DISTANCE Of 2564.69 fEET TO THE NORTH RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 36, AS DESCRIBED BY DEED RECORDED IN DEED BOOK 41, PAGE 499, PUBLIC RECORDS OF ST. LUCIE COUNTY, SAID RIGHT-OF-WAY LINE BEING PARALLEL WITH AND 44.50 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF THE SAID NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 18; THENCE NORTH 89°13'42" EAST ALONG SAID RIGHT-Of-WAY LINE, A DISTANCE OF 576.35 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 29 (FIVE MI.LE CREEK) (A 128.00 FOOT RIGHT-OF-WAY) AS DESCRIBED BY DEED RECORDED IN DEED BOOK 41, PAGE 499, PUBLIC RECORDS OF SAID ST. LUCIE COUNTY; THENCE TRAVERSING THE WESTERLY RIGHT-OF-WAY LINE OF SAID CANAL NO. 29 BY THE FOLLOWING FIVE (5) COURSES: NORTH 12°38'44" WEST, A DISTANCE OF 656.28 FEET TO A POiNT Of CURVATURE WITH A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 641.10 FEET; NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 25°59'05", AN ARC DISTANCE OF 290.75 FEET TO A POINT OF TANGENCY WITH A LINE NORTH 13°20'20" EAST ALONG SAID LINE, A DISTANCE OF 652.24 F"EET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 508.62 FEET; File No.: PUD-04-003 and HZ-04-004 November 15, 2004 Resolution 04-021 Page 4 1 4. 2 3 5. 4 5 6 7 8 '9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 1. 36 37 2. 38 39 3. 40 41 4. 42 43 5. 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 '-' ~ NORTHEASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 13°05'42", AN ARC DISTANCE OF 116.25 FEET TO A POINT OF TANGENCY WITH A LlNÈ NORTH 00°14'38" EAST ALONG SAID LINE, A DISTANCE OF 880.54 FEET TO THE SAID SOUTH RIGHT-OF-WAY LINE OF PETERSON ROAD. THENCE DEPARTING SAID CANAL NO. 29 RIGHT-OF-WAY LINE, SOUTH 89°48'06" WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 595.66 FEET TOTHE POINT OF BEGINNING. CONTAINING 31.185 ACRES, MORE OR LESS. PARCEL 4A iL YING IN THE NORTH HALF iN 1/2) OF SECTION 18) COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 18; THENCE SOUTH 01°19'48" WEST ALONG THE EAST LINE OF THE NORTHEAST QUARTER (NE 1/4) SAID SECTION 18, A DISTANCE OF 1650.41 FEET TO THE NORTH LINE OF THE SOUTH HALF (S 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 18; THENCE SOUTH 89°25'25" WEST ALONG SAID NORTH LINE, A DISTANCE OF 25.01 FEET TO THE WEST RIGHT-OF-WAY LINE OF HARTMAN ROAD, AS DESCRIBED BY DEED RECORDED IN OFFICIAL RECORD BOOK 71, PAGE 126, PUBLIC RECORDS OF ST. LUCIE COL¡NTY; THENCE NORTH 01°19'48" EAST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 180.00 FEET TO A POINT IN THE NORTH LINE OF THAT PARCEL OF LAND OWNED BY ELMER O. SMITH AND DESCRIBED BY DEED RECORDED IN OFFICIAL RECORD BOOK 55, PAGE 366; PUBLIC RECORDS OF SAID ST. LUCIE COUNTY, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST RIGHT-OF-WAY LINE OF HARTMAN ROAD, NORTH 01 °1 9'48" EAST, A DISTANCE OF 1409.53 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF PETERSON ROAD (A 15.00 FOOT RIGHT-OF-WAY), AS DESCRIBED BY DEED RECORDED IN DEED BOOK 75, PAGE 531, PUBLIC RECORDS OF SAID S1. LUCIE COUNTY, SAID LINE BEING PARALLEL WITHAND 61.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 18; THENCE SOUTH 89°44'36" WEST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 2619.64 FEET TO THE EAST RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 29 (FIVE MILE CREEK) (A 128.00 FOOT RIGHT-OF-WAY); THENCE TRAVERSING THE EASTERLY RIGHT-OF-WAY LINE OF SAID CANAL NO. 29, BY THE FOLLOWING FIVE (5) COURSES: SOUTH 00°14'38" WEST, A DISTANCE OF 881.60 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 636.62 FEET; SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 13°05'42", AN ARC DISTANCE OF 145.50 FEET TO A POINT OF TANGENCY WITH A LINE SOUTH 13,°20'20" WEST ALONG SAID LINE, A DISTANCE OF 652.24 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 513.10 FEET; SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 25°59'05", AN ARC DISTANCE OF 232.70 FEET TO A POINT OF TANGENCY WITH A LINE SOUTH 12°38'44" EAST ALONG SAID LINE, A DISTANCE,OF 679.62 FEET TO THE NORTH RIGHT-OF- WAY LINE OF NORTH ST. lUCIE RIVER WATER CONTROL DISTRICT CANAL NO.6, AS DESCRIBED BY DEED RECORDED IN DEED BOOK 41, PAGE 499, PUBLIC RECORDS OF ST. LUCIE COUNTY, SAID RIGHT-OF-WAY LINE BEING PARALLEL WITH AND 48.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 18; THENCE DEPARTING SAID CANAL NO. 29 RIGHT-OF-WAY LINE, NORTH 89°1.3'42" EAST ALONG SAID CANAL NO.6 RIGHT-OF-WAY LINE, A DISTANCE OF 614.37 FEET TO THE EAST END OF SAID DEEDED RIGHT-OF-WAY AND THE BEGINNING OF THE NORTH RIGHT-OF-WAY LINE OF CANAL NO. 6, AS SHOWN ON SAID NORTH ST. LUCIE RIVER WATER CONTROL DISTRJCT "INFORMATION MAP", SAID RIGHT-OF-WAY LINE BEING PARALLEL WITH AND 48.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO THE SAID SOUTH LINE OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 18; THENCE CONTINUE NORTH 89°13'42" EAST ALONG SAID MAP RIGHT-OF-WAY LINE, A DISTANCE OF 665.24 FEET TO THE EAST END OF SAID MAP RIGHT-OF-WAY LINE AND BEGINNING OF THE NORTH RIGHT-OF-WAY LINE OF SAID CANAL NO.6, AS DESCRIBED BY DEED RECORDED IN CHANCERY ORDER BOOK 3, PAGE 4, PUBLIC RECORDS OF SAID ST. LUCIE COUNTY, SAID LINE BEING A LINE PARALLEL WITH AND 48.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO THE SAID SOUTH LINE OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 18; THENCE NORTH File No.: PUD-04-003 and RZ-04-004 November 15, 2004 Resolution 04-021 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 C. 19 20 21 22 23 24 D. 25 26 27 28 29 30 31 32 33 34 35 E. 36 37 38 39 40 41 42 F. 43 44 '-" "'-'II 89°13'42" EAST ALONG SAID DEEDED RIGHT-OF-WAY LINE, A DISTANCE OF 665.25 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER(SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 18; THENCE NORTH 01°03'25" EAST ALONG SAID EAST LINE AND ALONG THE EAST LINE OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 18, A DISTANCE OF 944.35 FEET TO THE NORTH LINE OF THE SOUTH HALF (S 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 18; THENCE NORTH 89°25'25" EAST ALONG SAID NORTH LINE, A DISTANCE OF 494.66 FEET TO THE WEST LINE OF THE SAID ELMER O. SMITH PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 55, PAGE 366; THENCE NORTH 01°19'48" EAST ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 180.00 FEET TO THE NORTH LINE OF SAID PARCEL; THENCE NORTH 89°25'25" EAST ALONG SAID NORTH LINE, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING. CONTAINING 140.574 ACRES, MORE OR LESS. This preliminary Planned Unit Development Site Plan approval shall expire on November 15, 2006, unless an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code or Final Planned Unit Development Approval has been granted. The Preliminary Planned Unit Development Site Plan/General Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Bentcreek - PUD. including any successors in interest, shall obtain· all necessary development permits and construction authorizations fOrm the appropriate State and Federal regulatory authorities, including but not limited to; the United Stated Army Corp of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. The conditions set forth in Part A are an integral nonseverable part of the site plan approval granted by this Resolution. If any condition set forth in Sectipn A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. A copy of this Resolution shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Growth Management Department. File No.: PUD-04~003 and RZ-04-004 November 15, 2004 Resolution 04-021 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 '-" ....,,; After motion and second, the vote on this resolution wàs as follows: Chairman Paula Lewis XXX Vice-Chairman John Bruhn XXX Commissioner Cliff Barnes XXX Commissioner Frannie Hutchinson XXX Commrssioner Doug Coward XXX PASSED AND DULY ADOPTED this 15TH day òf November, 2004. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST APPROVED AS TO FORM AND CORRECTNESS Deputy Clerk County Attorney H:\projects\ Creekside - PUD,\approvals\BCC\ Creekside - PUD,.Resolution.doc File No.: PUD-04-003 and RZ-04-004 November 15. 2004 Resolution 04-021 Page 7 \w "wi ~~ - ~--...~ ~t. BOARD OF. COUNTY COMMISSIONERS ··~·=r·.···~···'eJ··· ···e· ·IE···~ ". ..... COUNTY'. F lOR I D A ..0'." - ~ COMMUNITY DEVELOPMENT DIRECTOR October II, 2004 In accordance with the St. Lucie County Land DevelopmentCode, you are hereby advised that Lennar Homes, Inc., has petitioned St. Lucie County for a Change in Zoning from the RS-3 (Residential, Single- Family - 3 dulacre), CG (Commercial, General), and IL (Industrial, Light) Zoning Districts to the POO (Planned Unit Development - Bent Creek) Zoning District for the following described property Location: Northwest corner of the intersection of Peterson Road and Hartman Road. THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The fIrst public hearing on the petition will be held oJ 6:00 P.M., or as soon thereafter as possible, on . October 21, 2004, County Commissioner's Chambers, St. Lucie County AdministraJion Building Annex, 2300 Virginia Avenue, Fort Piirce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Planning and Zoning Commission at least 3 days prior to a scheduled hearing. " . County policy discourages communication with individual Planning and Zoning Commission and County Commission on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the Planning and Zoning Commission are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he 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 proceedil1g· 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 Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call (772) 462-1960 if you have any questions, and refer to: File Number: PUD-04-003. Sincerely, ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION ~~c..~/~ Carson McCurdy, Chainnan - ·0 JOHN D. ßP.UHN, Disrrict No.1· DOUG COWARD, District NO.2· PAULA A. LEWIS, District No. J . FP.ANNIE HUTCHINSON. Disttict NO.4. CLIFF ßAP.NES. District NO.5 County Administrotor . Douglos M. Anderson 2300 Virginia Avenue · Fort Pierce. FL 34982-5652 Administration: (772) 462-1590 · Planning: (772) 462-2822 · GIS/Technical Services: (772) 462-1553 Economic Development: (772) 462-1550 · Fax: (772) 462-1581 Tourist/Convention: (772) 462-1529 · Fax: (772) 462-2132 www.co.st-Iucie.fl.us '-' """" Petition RZ-04-004 & PUD-04-003 Lennar Homes, Inc. for a Change in Zoning from RS-3, CG and IL to PUD :~ CG 4~1 IH OJvIL IlL IlL I CG I CG IÞ~~ ~ . r-r. r.t"! co .At S-3 (G 'I,,;\, CG CG CG I- S~ +. CG CG CGl IL S- I -3 S rr:: S RS 3 F ~ S 31 ~/,,</<;'T - ---L...!3s:i - RS ¡;;-;: -'- - !/>:'<",,/ I>. ,.\< .. = .....L"U í-3"" RS-3 RS-3 RS-3 I I I 1<:':\ \ ',"/ :-/>", ~ ~ RS-3 /,».:>"',/. ,<,,< IL - S- RS-3 <><>/,/,.>., ",', '.>: _ RS-3 I '<>',x,,,' y'"", ,....,:.":' - _ 1</:\":<~;~\':::2:,;~«'»'/'. 'i: /> t.;;',:,: - R -'>RS-3 1<>/: :~'.~.~.... I:, '.. .... I,' , /.",,\> RS-3 '.'... ..,.. I' . .../':<,', _ ~ " "\/::-'. '."",<:~ > :..> - fF ---, S-3 :::;;-;.\> ',.' . .;>:. .:;,;. ;,> ( = -~ RS-3 RS-3 :><:;:/,<>;\'/:, :::>'>::/ - RS-3 1M ~I <)' ;; :>'< >6ê;'B: . ' ,', .. ~ ..,.<::<'.....,..~.("". :",.. .,,/,;:':::.;' \ I - RS-~ ¡:. 7""'<';'>:.',1: >": '> >< "".. r-- =~'3 .. ~,;i8;)' !,;> , '. ... ,tl. f- - - r- RS-3 , .... ... .,.'«'" f- - - - ;'.,;':::<'><..0": ,/" ". .',/ :3",< :=.):=:( - AS~ Z,;3·:'~'>,\)·,',<.\<"..:, .,.:",. ..,...../"..' :" ...,,;' ',>.'. '( '1'- .M~-;'I· ;'., :" I· ,. ...., '··~~z'·: >:,: I . 1(., .. . . ;.<:~'<-. l"~"'"", .', I,',">'" '~,'«> .." l:',,:>"(~)':: :.: .' ' :<:>.::)" <':<~ ~(~~;> ' ,~<, ,~S:,,;,;;;\;~,:-}:::.~,:.:~;,::>,,:<,,> <:::<.,< < 1,'<., . ....<: ,>.;:/; .^,«: ::<'<? < " ,:;<:<'.,',.'<' ' )~::,>:\/:' :,:::'.::~::.: .:<":;';:.'< < I~-;' >;~,~;~:;L/: ...,~ ' ,'~ < >,:>C }~":>:;;': ~ AS-3 .:, '."~{j fI,:·· ',., .'.,,' ,'. ':., . ...., ."'<'..,.<.- :.,./..' ';:/, ',.; , . ,.:\.; , I " '-,<'., ',. < ' -.J '. ,~:' ,,', ' .;;: -:"', --==:J (~/~¿: ,'~::<I y,:,',:...,. ;/,' ",,·.z ':,:,':~.' ,>:, rc ,:<,,'~~;.':">'<>' Lc I,'.':""'» '<,' :</~':>"v>:. IY;'::·" ;'::>~,::': ''<>: ,:.,:.<~:(:),;:' ::';\'>,:~ ':~,> >:,' """'<:~"',< <" ,',;':'::>8. .~>, ;':'~ ' " >"" ".". . /.''< ,'< -::: ..:', ' ,'<\: '., . .<.:';'<> '.>, ,'( >'. .... ': , ........ RS-3 RS-3 RS-3 RS-3 - ~-- ~RS-31 RS-3 r RS-3 RS-3 s-~ .. ~-:: r- R~_k R -~ I RS-3~S 3 . RM-S nv R~f RM-S I RMlsRM-S HUVV N W+E 5 ...2:.f;,"'~~f-'~~'·~ .....:... .~N~...__" ... .J ...._.o.<>_,<~~~ I ~ ¡~ '" . f -,-·f :.:;:,.;¡.... ~ ",;:.':'~~ ," . ',.'...... ,,.., ~~-~," ....r-~....rti :x~~~1'oi -.:: '\;.., . bi ~1.J Î ~·~'V· ! '.~ 2 ~ . 'd I . f'" '. t..·- f,·· I' . . . 1'- :, ',,',,"',,'4,_, cc-=' , ~ ~ ~:' . S ~ ~f .. ,. ft ~ ~ s:"....,Ja ~.... ~.~ ~...~ ,,~~ ~ Q r l...: í" . I ~ . ~F £;,1 r" ~ ;~~ ~ ... ~~ ·~...t ~~~~ iu./ --::t'\ ~t'\~ ¡, ¡. ~~ . ~ .t=!l I " ,-.~~,., - '-' "wi Section 3.01.03 Zoning District Use Regulations I. RS-3 RESIDENTIAL. SINGLE-FAMILY - 3 1. Purpose The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum density of three (3) dwelling units per gross acre, together with such other uses as may be necessary for and compatible with low density residential surroundings. The number in "0" following each identified use corresponds to the SIC code reference described in Section 3.01.02(8). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Family day care homes. (999) b. Family residential homes provided that such homes shall not be located within a radius of one thousand (1000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) c. Single-family detached dwellings. (999) 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 14. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking Requirements Off-street parking requirements shall be in accordance with Section 7.06.00. 6. Conditional Uses a. Family residential homes located within a radius of one thousand (1000) feet of another such family residential home. (999) b. Telecommunication towers - subject to the standards of Section 7.10.23 (999) 7. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00. Adopted August 1, 1990 106 Revised Through 08/01/00 - '-' '" CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.00.00 GENERAL PROVISIONS 7.00.01 PURPOSE The purpose of this Chapter is to provide development design and improvement standards applicable to development activity in the unincorporated area of the County. 7.01.00 PLANNED UNIT DEVELOPMENT 7.01.01 PURPOSE The Planned Unit Development (PUD) District is intended to achieve residential land development of superior quality through the encouragement of flexibility and creativity in design options that: A. permit creative approaches to the development of residential land reflecting changes in the technology of land development; B. allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower d~velopment cDsts; C. allow design options that encourage an environment of stable character, compatible with surrounding land uses; and D. permit the enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities, and the provision of recreation areas and open space. 7.01.02 AUTHORIZED USES A. PERMITTED USES Any permitted, conditional or accessory use in the Agricultural-1 (AG-1); Agricultural-2.5 (AG-2.5); Agricultural-5 (AG-S); Residentiat/Conservation in the Agricultural-1 (AG-1 ); Agricultural-2.5 (AG-2.5); Agricultural-S (AG-5); Residential/Conservation (RG); Residential, Estate-1 (RE-1); Residential, Estate-2 (RE-2); Residential, Single-Family-2 (RS-2); Residential, Single-Family-3 (RS-3); Residential, Single-Family-4 (RS-4); Residential, Multiple-Family-5 (RM~5); Residential, Mobile Home- S (RMH-5); Residential, Multiple-Family-7 (RM-7); Residential, Multiple-Family-9 (RM-9); Residential, Multiple-Family-11 (RM-11); and Residential, Multiple-Family-15 (RM-15 )zoning districts of this Code may be permitted in a Planned Unit Development District subject to complying with the residential densities described in Section 7.01.03(B). Adopted August'. '990 375 Revised Through 08/0'/00 - '-' ..."", Section 7.01.00 Planned Unit Development B. NONRESIDENTIAL DEVELOPMENT USES Uses of the types permitted in the Commercial, Neighborhood (CN) District are also permitted up to an amount not to exceed three (3) percent of the gross area of the Planned Unit Development or ten (10) acres, whichever is less. In addition, playgrounds, public and non-public parks, golf courses, country clubs, bicycle paths, racquet sports facilities, riding stables, marinas, clubhouses, and lodges may be permitted in a Planned Unit Development District. . 7.01.03 STANDARDS AND REQUIREMENTS Standards and requirements for a Planned Unit Development shall be as follows: A. MINIMUM SIZE A Planned Unit Development shall be à minimum of five (5) contiguous acres of land under common ownership or control. B. DENSITY The maximum possible permitted density of a Planned Unit Development shall not exceed the density reflected in the Future Land Use Maps of the Comprehensive Plan. On North and South Hutchinson Island, the provisions of Section 3.01.03(AA)(B) shall govern. C. AREA, YARD, AND HEJGHT REQUIREMENTS Area, yard, and height requirements shall be determined at the time of Preliminary and Final Development Plan approval, except that for ahy structure on North or South Hutchinson Island that has not been occupied, constructed, or has not received a building permit, site plan or other County development approval as a permitted use prior to January 10, 1995 the requirements of Section 4.01.00, Hutchinson Island - Building Height Overlay Zone shall apply. D. PUBLIC FACILITIES 1. The Planned Unit Development shall be designed and located so there will be no net public cost for the provision of water lines, sewage lines, storm and surface drainage systems,. and other utility systems. 2. The minimum size of all water mains used, or intended for use, in fire protection activities is six (6") inches. Actual water main requirements will be determined by the St. Lucie County- Ft. Pierce Fire Prevention Bureau. 3. The minimum size of all water mains used,or intended for use, in fire protection activities, that are located on a dead-end water main is eight (8") inches. Actual water main requirements will be determined by the S1. Lucie County-Ft. Pierce Fire Prevention Bureau. Adopted August 1. 1990 376 Revised Through 08/01/00 '-" 'wtJI Section 7.01.00 Planned Unit Development The maximum number of fire hydrants that may be located on any dead end water main is one (1). 4. Fire hydrants shall be provided at a minimum spacing of one every six hundred (600) feet unless otherwise approved by the St. Lucie County-Ft. Pierce Fire Prevention Bureau. E. TRAFFIC AND PEDESTRIAN CIRCULATION 1. Every dwelling unit, or other use permitted in the Planned Unit Development shall have access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 2. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movement and minimum hazards to vehicular or pedestrian traffic. Minor streets within the Planned Unit Development shall not be connected to streets outside the development so as to encourage their use by through traffic. 3. The proposed Planned Unit Development shall be designed so that it will not create traffic congestion on the arterial and collector roads surrounding the project, or such surrounding collector or arterial roads shall be improved so that they will not be adversely affected. 4. All non-residential land uses within the Planned Unit Development shall have direct access to a collector or arterial street without creating traffic hazar.ds or congestion on any street. 5. . Streets in a P'taAned Unit Development may' be dedicated to public use or retained under private ownership. Said streets and associated improvements shall comply with all pertinent County regulations and ordinances, however, variations to the standard minimum right-of- way widths may be considered as part of the Planned Unit Development if it is shown to the satisfaction of the Board of County Commissioners, that the requested variation is consistent with the intent of the County's roadway construction standards and necessary for the design of the Planned Unit Development. 6. All roads and streets shall intersect at an approximate ±5° angle of ninety degrees (90°) unless circumstances acceptable to St. Lucie County indicate a need for a lesser angle of intersection. 7. Street jogs or centerline offsets between any local street or road with'another local street or road, shall be no less than one hundred fifty feet (150). 8. The intersection of any two local roads or streets with a Major Collector or Arterial Roadway shall be separated by a minimum distance of six hundred sixty feet (660), 'as measured from centerline to centerline. 9. Permanent dead-end streets shall not exceed one thous,and feet (1000) in length. Cul-de-sacs shall be provided at the end of all dead end roads or streets greater than five Adopted August 1, 1990 377 Revised Through 08/01/0D / '-" """'" Section 7.01.00 Planned Unit Development hundred and one (501) feet in length. The length of a dead-end street shall be measured along the centerline of the street from the its point of perpendicular intersection with the centerline of intersecting street to the end of the dead-end street or roadway. All cul-de-sacs shall have a minimum right-of-way diameter of one hundred (100) feet. If the dead end roadway is five hundred (500) feet or less in length, a 'ry" or "r type of turn around may be approved. . If a dead end street is temporary in nature then a temporary cul-de-sac shall be required until the roadway is connected to another street or road. In the center of the cul-de-sac an unpaved island, surrounded by a curb, improved with grass and landscaping that will not interfere with sight distance, may be provided. Center islands shall have a diameter of not lèss than seventeen (17) feet, unless otherwise approved through the review of the Planned Unit Development. 10. All roadways, exclusive of interior parking and access aisles areas, regardless of ownership, shall be located a minimum of ten (10) feet from any exterior building walls, except for security gate houses or similar security structures located in a private street or road right-of- way. 11 . Any pedestrian circulation system ànd its related walkways shall be insulated from the vehicular street system. This shall include, when deemed to be necessary by the Board of County Comtnissioners, pedestrian underpasses or overp¡¡Isses in the vicinity of playgrounds and other recreation areas, local' shopping areas, and' other neighborhood uses which generate a considerable amount of pedestrian traffic. 12. Access'points on all collector or arterial streets serving a Planned Unit Development shall be located and spaced so that traffic moving into and out of the arterial streets do not cause traffic congestion. F. PARKING AND LOADING 1 . General Provisions a. The number, type, and location of parking spaces shalt be determined at the time of final Planned Unit Development plan approval. The determinationofthe number of spaces required shall be based on Section 7.06.01 (F) of this Code. The number of parking spaces required by this section may be reduced based on substantial competent. evidence that the reduced number of spaces is adequate for the proposed use or that parking may be shared by proximate uses that operate at different times or on different days. b. Reserved parking spaces may be provided, in lieu of paved spaces, subject to Section 7.06.02(C) of this Code. Adopted August 1. 1 990 378 Revised Through 08/01/00 '-' ..." Section 7 .01.00 Planned Unit Development 2. Off Street Parking and Loading Off-street parking and loading requirements are governed by Sections 7.06.02 and 7.06.03 of this Code, and the following standards: a. Off-street parking and loading areas shall be designed to provide travelways between adjacent uses while discouraging through traffic. b. Off-street parking and loading areas shall be screened from adjacent roads and pedestrian walkways with hedges, dense planting, or changes in grades or walls. 3. On Street Parking In Planned Unit Developments, on street parking may be used so long as the road on which the on-street parking is proposed lies entirely within the limits of the defined Planned Unit Development and such parking would not contravene any other provision of this Code or the S1. Lucie County Code of Ordinances. Where such on street parking and loading is used, it shall be consistent with the following design standards: a. The minimum size of a parking stall shall be as follows: parallel angled handicapped(parallel) h'åndicapped(angled) 8 feet . X 23 feet 10 feet X 18 feet 12 feet X 23 feet 12 feet· X 18 feet b. Handicapped parking spaces shall be appropriately marked. c. Access for emergency fire vehicles shall be in accordance with NFPA standards. d. No more than fifteen (15) parking spaces shall be permitted in a continuous row without being interrupted by a minimum landscape area of 360 square feet. G. LIGHTING All lighting facilities shall be arranged in such a manner so as to prevent direct glare or hazardous interference of any kind to adjoining streetsor properties. H. LANDSCAPING AND NATURAL FEATURES 1, Native trees and vegetation and other natural features shall be preserved to the extent practicable. 2, AIl sensitive environmental vegetation, trees and areas shall be preserved to the extent practicable. Adopted August 1, 1990 379 Revised Through 08/01/00 ~ 'wi Section 7.01.00 Planned Unit Development 3. Landscaping for off-street parking and loading areas shall meet the minimum requirements of Section 7.09.00. I. OPEN SPACE STANDARDS 1. A minimum of thirty-five (35) percent of the gross area of land to be committed to a Planned Unit Development must be for use as common open space, which may include, parks. recreation areas, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common open space, common landscaping and planting areas, or other areas of public purpose& or use other than street, road or drainage rights-of-way, above ground utilities, excluding stormwater treatment facilities, and parking areas. A minimum of 15 percent of any existing native upland habitat on the property, must be preserved in its natural condition as part of the required 35 percent common open space, For each acre of preserved native habitat above the required minimum 15 percent that is preserved in its original state, credit shall be given at a rate of 150 percent per acre towards the remaining common open space requirement. All areas to be dedicated for common open space shall be identified as part of the Preliminary Development Plan for the Planned Unit Development. Areas that are floodways, lakes, wetlands, and stormwater retention areas may be applied to satisfy the total common open space requirement. subject to the requirement that 15% of any existing native habitat on the property must be included as part of the required 35% common open space. As part of the Fi(1al Planned Unit Development submission process¡ the developer or petitioner for the Planned Unit Development shall pròvide for one. of the followihg: a. The advance dedication of all common open space to a public, or acceptable private, agency that will, upon acceptance, agree to maintain the common open space and any buildin-gs, structures or improvements that have been placed on it. All such dedications or conveyances shall be completed prior to the issuance of any building permits, including land clearing, for any portion of the Planned Unit Development ;or, b. A phased conveyance of the land to a public or acceptable private agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. The schedule for the phased conveyance of any such lands to be used for common open space shall be a specific condition of approval for the Planned Unit Development. 2. No parcel of land identified for use as a park or common open space shall be less than one (1) contiguous acre, and all such areas shall be physically part of the Planned UnitDevel- opment. - 3. Areas provided or reserved to meet any other environmental preservation or protection requirements of this code or other lawful regufatory authority may be counted towards the overall common open space requirement, provided that the common open space meets the .Adopted August 1, 1990 380 Revised Through 08/01/00 ~ 'wi Section 1.01.00 Planned Unit Development requirements of this Code. J. SETBACKS FROM AGRICULTURAL LAND Planned Unit Developments adjacent to land used for agricultural purposes, or designated for agricultural use on the Future Land Use Map of the St. Lucie County Comprehensive Plan, shall provide setbacks from the agricultural land sufficient to protect the function and operation of those uses from the encroachment of Urban activities or uses. K. PHASING 1. A Planned Unit Development may be developed in more than one stage or phase. 2. If a Final Development Site Plan approved by the Board of County Commissioners is to be developed in stages or phases. each successive phase shall be constructed and developed in a reasonably continuous fashiDn. No more than fwo (2) years shall elapse between the completion of any stage or phase. and the final stage or phase shall be completed within ten (10) years of the date of Final Development Site Plan approval. Extensions of the above requirements are subject to approval by the Board of County Commissioners. Unless otherwise amended by the Board of County Commissioners through the Final Development Site Plan review process, the following šequence of development must be adhered to: a. One or more major recreation facilities and other major amenities, planned to serve the entire development, shall be completed or adequate security posted prior to the . . issuance of building or mobile home permits qf more t~an forty (40) percen't, or othe'r percentage as determined by the Board to be appropriate based on circumstances that include the size of the project and the proposed phasing schedule. of the total number of authorized dwelling units. Recreation facilities or facilities and other amenities planned to serve one (1) phase of a multi-phased development shall be completed or appropriate security posted prior to issuance of building or mobile home permits or the recording of any final plat within that phase. b. No commercial facility shall be permitted prior to the completion of at least forty (40) percent of the total number of authorized dwelling units; and, c. For Planned Unit Developments to be constructed in stages or phases, the net density of an individual stage or phase may vary from the approved Final Site Plan subject to the requirements in Section 11.02.05. Adopted August " 1990 381 Revised Through 08/01/00 '-' ..""", AGENDA ITEMS 3 THRU6 WERE PRESENTED AND DISCUSSED AS A GROUP, SEPARATE VOTES WERE TAKEN FOR EACH ITEM. Mr. Kelly suggested that since the next four agenda items were closely related the applicant would make one presentation to explain where they were, how they related, and what land swaps had been made. This would make the hearings go much faster. Chairman McCurdy questioned if the applicant was present. Staff presented their comments as follows: Aeenda Item 3: Lennar Homes - File No. PA-04-006 This is the application of Lennar Homes, Inc., for a Change in Future Land Use Designation fromRM (Residential Medium) to COM (Commercial). The property's Location is on the NW corner of the intersection of Peterson Road and Hartman Road. The current Future Land Use Designation is RM (Residential Medium). The property's Proposed Future Land Use Designation is COM (Commercial). The property's Existing Zoning is IL (Industrial, Light). The property's Proposed Zoning is PNRD (Planned Non-Residential- Orange Avenue Commercial). The property's Parcel Size is 6.62 acres. The property's Proposed Use is Commercial subdivision. The property's Surrounding Zoning Designation abuts CG (Commercial General) zoning to the north, RS-3 (Residential, Single-family - 3 du/acre) to the south, east and west. The property's Surrounding Land Use Designations abuts COM (Commercial) land use to the north, RM (Residential Medium) to the south and west, RU (Residential Urban) to the east. The property's Surrounding Existing Land Uses abutting the subject property are: vacant commercial lands to the north, vacant residential land to the south, vacant residential and the Sandlewood residential subdivision to the east, and vacant residential to the west. The subject property is within the Ft. Pierce Utility Authority (FPUA) service area and as such will be required to ent~r into an annexation agreement with FPUA. P & Z Meeting OCTOBER 21, 2004 Page 11 '-' ...., Aeenda Item 4: Lennar Homes - File No. RZ-04-004 & PUD-04-003 The subject application of Lennar Homes, Inc. for Preliminary Planned Unit Development approval for the project known as Bent Creek and for a Change in Zoning from the RS-3 (Residential, Single-family...,.3 du/acre), IL (Industrial Light), and CG (Commercial General) Zoning Districts to the PUD (Planned Unit Development - Bent Creek) Zoning District. The Location of the proper was on the West side of Hartman Road, north of White Way Dairy" Road, South of Orange A venue and east of 5-Mile Creek. The Zoning Designation is RS-3 (Residential, Single-family - 3 du/acre), IL (Industrial Light), and CG (Commercial General). The property's Proposed Zoning is PUD (Planned Unit Development - Bent Creek). The property's Land Use Designation is RM (Residential Medium). The property's Parcel Size is 268.9 acres. The property's Proposed Use is 722 detached, single-family unit residential subdivision (gross density of 2.69 du/acre) with 351 units located on 65' x 135' lots and 371 units located on 52' x 125' lôts. The Surrounding Zoning is CG (Commercial, General) to the north, RS-3 (Residential, Single- family - 3 du/acre) to the south, east and west. The Surrounding Land Uses are COM (Commercial) to the north; RM (Residential Medium) to the south and west and RU (Residential Urban) to thè east. Bordering the project site tothe north are vacant commercial lands, single-family residential on various tracts to the south, and west, Sandalwood Estates residential development to the ea~t. P & Z Meeting OCTOBER 21, 2004 Page 12 '-' ...." Al!enda Item 5: Garv Smie:iel. Smie:iel Partners IX. Ltd. - File No. PA-04-005 The subject application of Gary Smigiel, Smigiel Partners IX, Ltd., for a Change in Future Land Use Designation from COM (Commercial) to RM (Residential Medium). The Location of the property was on the South side of Orange A venue, approximately 340 feet west of the intersection of Sandalwood Drive and Orange A venue. The Current Future Land Use Designation is COM (Commercial). The Proposed Future Land Use Designation is RM (Residential Medium). The Existing Zoning is CG (CoInmercial General). The Proposed Zoning is PUD (Planned Unit Development - Bent Creek). The Parcel Size of the property is 8.25 acres. The Proposed Use of the property is residential subdivision. The Surrounding Zoning Designation of the subject property abuts CG (Commercial General) Zoning to the north, RS-3 (Residential, Single-family - 3 du/acre) to the south, east and west. The Surrounding Land Use Designations are the subject property abuts COM (Commercial) land use to the north, RM (Residential Medium) to thesóuth, east and west. The Surrounding Existing Land Uses abutting the subject property are: vacant commercial lands to the north, vacant residential land to the south, single family residences of varying tracts of land to the east and vacant residential to the west. The subject property is within the Ft. Pierce Utility Authority (FPUA) service area and as such will be required to enter into an annexation agreement with FPUA. P & Z Meeting OCTOBER 21, 2004 Page 13 '-' ...., Al!enda Item 6: Garv Smil!iel. Smil!iel Partners IX. Ltd. - File No. RZ-04-009/PUD-04-007 This is the application of Gary Smigiel, Smigiel Partners, IX, LLC, for Preliminary Planned Unit Development approval for the project known as Orange A venue Commercial and a Change in Zoning from the CO (Commercial General), RS-3 (Residential, Single-family -3 duJacre) and IT.. (Industrial Light) Zoning Districts to the PNRD (planned Non-Residential Development - Orange Avenue Commercial) Zoning District. The Location of the property is on the South side of Orange A venue, approximately 340 feet west of the intersection of Sandlewood Drive and Orange A venue.· The Zoning Designation of the property are CO (Commercial General), RS-3 (Residential, Single- family - 3 du/acre) and IT.. (Industrial Light). . The Proposed Zoning of the property is PNRD (Planned Non-Residential Development - Orange Avenue Commercial). The Land Use Designation for the property is COM (Commercial). The Parcel Size of the property is 34.13 acres. The Proposed Use of the property is 330,000 square feet of commercial use. The Surrounding Zoning of the property are CO (Commercial General) and IT.. (Industrial Light) to the north east, and west, RS:-3 (Residential, Single-family - 3 duJacre) to the south, southeast and southwest of the subject property. The Surrounding Land Uses of the property are COM (Commercial) and IND (Industrial) to the north, COM (Commercial) and RU (Residential Urban) tothe east; COM (Commercial) and RM (Residential Medium) to the west and RM (Residential Medium) to the south. To the north is Orange A venue, across from Orange A venue is vacant commercial and industrial lands; to the east is the Skate Town facility and then Sandalwood Estates residentíal subdivision; to the south is vacant residentially zoned property, to the west is single-family residences with varying lot sizes and vacant commercially zoned property. Mr. Don Cuozzo, representing both Lennar's (Bent Creek) proposal and Smigiel's (Orange A venue Commercial) proposal made a PowerPoint presentation which is attached as Exhibit B and spoke at length about the project. Mr. Kelly stated that the purpose for the requested change was to balance off the properties that were being processed through a development project and the proposed use of land parcel would be part of a PNRD for commercial development. Approval of the petition was required to allow the applicant to seek a change in zoning for the subject property fröm IT.., RS-3 and CG to the PNRD Zoning District. Staff finds the applicant's requests· consistent with the Land Development Code and Comprehensive Plan. Staff recommends approval. P & Z Meeting OCTOBER 21, 2004 Page 14 ~ '...I Mr. Trias said that he wanted to see the layout of the PUD; he felt that one presentation would be sufficient, and then hold the four public hearings. Chair McCurdy asked the Board if it was okay for them to have one presentation. They unanimously agreed. Mr. Hearn asked staff what constituted a small area amendment and what took pläce to make it happen. Mr. Kelly explained less than 10 acres constituted the small area amendment and it was subject to a really much lesser review by DCA and the State. The process was like a rezoning. Mr. Grande questioned that on the first application it indicated an existing zoning of Industrial Light. Mr. Kelly said that there was an Industrial Light parcel that was inconsistent with the comp plan because it was in a residential area. Mr. Cuozzo introduced himself and his team as follows: Don Cuozzo of Houston Cuozzo Group, Michael LaCoursiere, Civil Engineer/Surveyor of Schorah & Associates, Rett Waldman of Lennar, and Toby Overdorf, Environmental Consultant of Crossroads Environmental, Inc. Mr. Lounds asked if the bridge at Peterson Road was going to be replaced and if so, who would replace it. ' Mr. Cuozzo answered that they the County had not asked ~hem to and they were not building Peterson Road. They were taking an Abandonment Request to the County to abandon the road right-of-way there. Mr. Kelly went through the four items A, B C and D. The first item asked to eliminate Lots 234- 247 in the Patio Lot area east of Canal 29 and designate the area as open space for park and recreation; staff believed that that was an area that made sense to do that. Item B suggested that they eliminated Lots 91, 92, 113 and 114 in generally the same area and in place provide for a mid block connecting roadway; after they gave on the open space they said they didn't really want to do that'and staff didn't think it was as important as the other and staff withdrew that request in the spirit of cooperation. Item C relocated the roadway connecting the areas east and west of Canal 29 to the next street to the north. To explain the bridge situation, lifts situation, staff felt that 'the traffic flow would have been better, but given the practical matters there including the bridge and the lift station and the need for an additional lift station, staff would not insist on-that one. Item D was to eliminate or modify the area around Lot 107 south the canal to provide a minimum 30 ft. wide pedestrian access through to the community park west of Five Mile Creek. P & Z Meeting OCTOBER 21, 2004 Page 15 \.,f ....., Staff's response there was oops, because they would go through the parcel with the trail or Whatever it was called and ran into the creek with no bridge and it didn't help them very much so they wouldn't insist on that either. Mr. Cuozzo said that the park~ould not be open to the public as it was to be a gated community. Mr. Hearn asked why there was no left turn lane required into the project. Mr. Kelly answered that there was a median there and there was no turning movement possible. Mr. Michael LaCoursiere stated that they were currently designing the right and left turn. Chairman McCurdy questioned the traffic on Hartman, how big of an impact this was going to be. Mr. LaCoursiere stated that the traffic reports submitted to staff by the consultant Finder Troutman Consulting demonstrated that there was enough, that the tUrn lanes would be satisfactory to handle the flow coming in off of Hartman with the relief coming in off of Orange Avenue. That was why there was a requirement to provide that connector through the Smigiel Commercial parcel to the north, so that traffic would come from two directions. No signalization was necessary. Mr. Lounds questioned why they were not utilizing Peterson Road at all. Mr. LaCoursiere stated that besides being unimproved, Peterson Road was limited to a 15 ft. width from Hartman all the way through the property and there was no way to make it function at this point. So the idea was to eliminate that, also it created some intersection problems at Hartman Road. Peterson on the east side of Hartman Road was farther north that the Peterson alignment on the west side of Hartman Road ànd it created some configuration problems Mr. Trias stated that he felt that staff gave up too easily in some of the requests that they had, as far as connections and the better layout for the grid and he preferred to incorporate some of those changes and perhaps some others. He also felt that the reason why it was going to Hartman Road was because they wanted to make a gated community and they wanted to have basically one entrance. He didn't think that it was ready to be approved. He thought it could be enhanced significantly with some of the changes that staff mentioned and some others and he would prefer to see a better project. Mr. Kelly explained that the two plan amendments requests did not have plans because they were· the plan amendments and they related only to that. swap of a residential piece for a commercial piece and that's the entire detail of that. He also stated that the applicant had chosen rather than a detailed site plan to work with a Developer's Agreement that would specify what could be developed on the parcel. Mr. Cuozzo reminded the Board that they were independent. The only thing that's not independent was the land use changes. The plans depended on the land use changes, so those P & Z Meeting OCTOBER 21, 2004 Page 16 '-' ..., were together. The Smigiel plan to be fair to Lennar and Bent Creek was not part of theirs, they were not doing that and the only reason they were brought forward at this time was to show the Board how they were integrated. Lennar had done their market analysis and detennined that a gated community would work in that area. It was a corporate decision made not to do an interconnected community to the extent that Mr. Trias would appreciate. He further stated that on the commercial pieces they didn't have a user right now. There. was a Developer's Agreement that would outline the things that were important to people that were going to get developed there; how much square footage, what was our percentage coverage, what our setbacks were, where our landscape buffers were and so that they have a little bit more flexibility. It would be a lot easier to tell a prospective client that the property was already zoned for this. Mr. Grande asked if the goal was to wind up with the projected split between commercial as a PNRD and a residential as a PUD what was it that the Board could do on the commercial side that didn't say they approved PNRD, but they wouldn't see the plan and the plan never came back to the Board. From his perspective the land on Orange Avenue was exactly the right place to have a commercial portion, he was a little skeptical about, approving a PNRD without a plan. Mr. Cuozzo responded that was where the developer's agreement came into play. Mr. Kelly reiterated that the responsibility of the Board was to detennine that the location was appropriate for the use. The Board really looked at zoning issues than design issues under the County's codes. Mr. Hearn asked about a piece of land that ran north and south off Orange A venue that was not part of the plan. Mr. Cuozzo said that was correct, it belonged to a lady who would not sell. She had a residential structure on commercially designated land. Mr. Knapp asked about the emergency entrance on the western part of the property. Mr. Cuozzo said that the Fire Marshal requested it. Capt. Emerson, Fire District, Fire Marshal's Office stated that portion of the project was requested to have an emergency access point only, because it was an island onto itself. There was no way to get to it other than to access it by the bridge that they proposed to build. Mr. Knapp asked if the only entrance from Orange Avenue was going to be the entrance on the 34 acres, was it going to be the only other access, and was there any reason why that owner didn't want to do any other kind of mixed usage on this with some town homes, 52 ft. lots and houses. He also asked why they hadn'tput in some multi-family to open it up. Mr. Cuozzo responded that that was correct. That was what Lennar's market indicated was a product type that would sell in the area and it was not an unusual product type in Florida. The P & Z Meeting OCTOBER 21,2004 Page 17 '-' ~ lots were not large, but they were certainly the size of lots that created a product type that was affordable. Ms. Hensley asked about the impact of the 260 kids on the school system from the Bent Creek PUD and were they working diligently with the school Board's facilities department. Mr. Cuozzo stated that they had numerous conversations with the school Board and they hadn't heard any other requests from the school system. Mr. Trias asked if it was contiguous to the City of Fort Pierce and if it was why it wasn't being processed through the city and annexed. . Mr. Cuozzo reSponded that there was a portion of it along Hartman that had a portion of it connected to the city, but there were a number of pieces that separated it. There was one small portion connected to the city. The County told them that it was not eligible for annexation because of it only having the one connection to the city and it would create enclave. Lennar Homes agreed along with the city manager that they would hold off on their proceeding with the annexation until the final plat was recorded. At that time it would be up to the City of . Ft. Pierce and the County to work out their annexation procedure. Mr. Knapp asked what were the price, point and size. Mr. Cuozzo answered that the 52's by 125's were $200-$250K, 65 by 135 was $250-$300K, and the square footage would probably range from 2200 to 2700. There would probably be between eight and thirteen different home sites selections for potential homeowners to choose from. Mr. K,elly stated that their options were to recommend for the commercial land use, recommend denial of the proposed PNRD, but they could take that denial to the commission with this Board's recommendation of denial and still take the plan to the commission. Mr. Hearn said that he was very uncomfortable with the amount of dwelling units on this piece of property. Regarding the PNRDs, he felt they were setting aside land for drainage lakes that were retention ponds that were required and the roads that were going on there. They were still getting their dwelling units that they had before they started crammed on a lot smaller space and he was not comfortable with that jdea. He thought it had South Florida written all over it and didn't like that. He favored the re-zonings, liked the idea of the commercial along Orange Avenue and the residential behind it, but couldn't support the amount of dwelling units on this property. Chairman McCurdy opened the Public Hearing on Agenda Item 3, Lennar Homes File PA-04- 006 for a Change in Future Land Use Designation from RM to COM. Chairman McCurdy closed the Public Hearing. P & Z Meeting OCTOBER 21, 2004 Page 18 '-' ....., Mr. Lounds stated after considering this testimony presented during the public hearing including staff comments, I hereby move that the Local Planning Agency, of St. Lucie County recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Lennar Homes for a Change in Future LandUse Designation fromRM (Residential Medium) to COM (Commercial) because I think it fits the use of the property on Orange A venue. Mr. Hearn seconded the motion. Upon a vote the motion was approved (with a vote of 8-0) Mr. Akins was absent, and forwarded to the Board of County Commissioners with a recommendation of approval. Chairman McCurdy opened the Public Hearing on Agenda Item 4, Lennar Homes, File RZ-04-004 & PUD-04-003 for the preliminary PUD for the project known as Bent Creek and for a Change in Zoning from RS-3, IL and CG Zoning Districts to the PUD Zoning District. Chairman McCurdy closed the Public Hearing. Mr. Grande stated, after considering the testimony presented during the public hearing including staff comments, I hereby move that the Local Planning Agency, of St. Lucie County recommend that the S1. Lucie County Board of County Commissioners deny the application of Lennar Homes for a change in zoning from RS-3, IL and CG Zoning Districts to the PUD Zoning District because it is inconsistent with our understanding of the Comprehensive Plans and the best use of the land. Mr. Trias seconded. Upon a roll call vote the motion to deny was approved with a vote of (5-3) (with Mr. Lounds, Ms. Morgan and Chairman McCurdy voting against); Mr. Akins was absent, and to forward to the Board of County Commissioners with a recommendation of denial. Chairman McCurdy opened the Public Hearing on Agenda Item 5, Gary Smigiel, Smigiel Partners IX, Ltd., File No. PA-04-oo5 for change in future land use designation from COM to RM. Chairman McCurdy closed the Public Hearing~ Ms. Hammer asked how many units per acre were permitted under the RM· Land Use Designation. Mr. Kelly responded nine. Ms. Morgan stated, after considering the testimony presented during the public hearing including staff comments, I hereby move that the Local Planning Agency recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Gary Smigiel, Smigiel Partners IX Ltd. for a Change in Future Land Use Designation from COM (Commercial) to RM (Residential Medium) because it is consistent with the surrounding area. P & Z Meeting OCTOBER 21, 2004 Page 19 ~ ..." ~r.Loundsseconded. Upon a roll call vote the ~otion approved with a (6-2) vote (with ~r. Grande and ~s. Hammer voting against), Mr. Akins was absent, and forwarded to the Board of County Commissioners with a recommendation of approval. Chairman McCurdy opened the Public Hearing on Agenda Item 6, Gary Smigiel, Smigiel Partners IX, Ltd. (Orange Avenue Commercial PNRD) RZ-04-009/PUD-04-007. Chairman McCurdy closed the Public Hearing. ~r. Grande stated, after considering the ~estimony presented during the public hearing including staff comments, I hereby move that the Local Planning Agency recommend that the S1. Lucie County Board of·· County Commissioners deny the application of Gary Smigiel, Smigiel Partner IX Ltd. for Preliminary PUD approval for the project known as Orange A venue Commercial and a Change in Zoning from the CG, RS-3, and IL Zoning Districts to PNRD Zoning District because the proposed new zoning is inconsistent with the comprehensive plan and the surrounding area. ~r. Trias seconded. Upon a roll call vote the ~otion to deny was approved with a (5-3) vote (with Mr. Lounds, ~s. Morgan, and Chairman ~cCurdy voting against), Mr. Akins was absent, and forwarded to the Board of County Commissioners with a recommendation of denial. P & Z Meeting OCTOBER 21, 2004 Page 20 - I ' I ¡ I ì ~ ..." PLANNING AND ZONING COMMISSION REVIEW: 10/21/04 File Number: PUD-04-003 and RZ-04-004 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: FROM: . Planning and ZOnin~~?J"miSSion Planning Manager ~ \- , I October 15, 2004 DATE: SUBJECT: Application of Lenn8r Homes, Inc., for Preliminary Planned Unit Development approval for the project known as Bent Creek and for a Change in Zoning from the RS-3 (Residential, Single-family- 3 du/acre), IL (Industrial Light), and CG (Commercial General) Zoning Districts to the PUD (Planned Unit Development - Bent Creek) Zoning District. LOCATION: West side of Hartman Road, north of White Way Dairy Road, South of Orange Avenue and east of 5-Mile Creek ZONING DESIGNATION: RS-3 (Residential, Single-family - 3 du/acre), IL(lndustrial Light), and CG (Commercial General) PUD (Planned Unit Development - Be'nt Creek) PROPOSED ZONING: LAND USE DESIGNATION: RM (Residential Medium) PARCEL SIZE: 268.9 acres PROPOSED USE: 722 detached, single-family unit residential subdivision (gross density of 2.69 du/acre) with 351 units located on 65' x 135' lots and 371 units located on 52' x 125' lots. SURROUNDING ZONING: CG (Commercial, General) to the north, RS-3 (Residential, Single-family- 3 du/acre) to the south, east and west SURROUNDING LAND USES: . COM (Commercial) to the north; RM (Residential Medium) to the south and west and RU (Residential Urban) to the east. Bordering the project site to the north are vacant commercial lands, single-family residential on various tracts to the south, and west, Sandalwood Estates·residential development to the east. FIRE/EMS PROTECTION: Station #1 (2400 Rhode Island) is located approximately three miles to the southeast. - I I / ~ ..., October 15, 2004 Page 2 Petition: Bent Creek, PUD File: PUD-04-003 and RZ-04-004 UTILITY SERVICE: Ft. Pierce Utility Authority will provide water and sewer to the subject property TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The right-of-way width for Orange Avenue is 80 feet. The right-of-way width for Peterson Road is 15 feet. The right-of-way width for Hartman Road is 70 feet. SCHEDULED IMPROVEMENTS: Orange Avenue currently under roadway widening project through Florida Department of Transportation from a two-lane undivided facility to a 4-lane divided facility. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity. *********************************** STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The applicant is requesting a Preliminary PUD (Planned Unit Development - Bent Creek) approval for the entire 269±acre tract of land to be developed as the Bent Creek PUD. The proposed change in zoning has been determined to not be in conflict with any applicable provision of the St. Lucie County Land Development Code. According to Section 7.01.01 of the LDC, the purpose of the Planned Unit Development (PUD) zoning district is to achieve residential land development of superior quality through the encouragement of flexibility and creativity in design options that: A. Permit creative approaches to the development of residential land reflecting changes in the technology of land development; - '--' 'wi October 15, 2004 Page 3 Petition: Bent Creek, PUD File: PUD-04-003 and RZ-04-004 The applicant's proposed design includes a detached, single-family residential development with 722 lots, with a breakdown as follows: Lot Size # of units Price Rance 65' x 135' 351 $250,000 - $300,000 52' x 125' 371 $200,000 - $250,000 The applicant's proposed design has incorporated the existing land features in order to preserve the environmentally sensitive area along 5-Mile Creek, in addition, the site design incorporates a number of stormwater compensation lake features which will handle an overflow of water during a major storm event. To the west of 5-Mile Creek, the petitionèr's site design incorporates a 31.2-acre tract of land that is to be utilized as a 21.52 acre Jake system and stormwater compensation system with a public park facility. Of the 268.9 acres, a total of 94.1 acres are required to be preserved in order to meet the minimum 35% open space requirement of the St. Lucie County L,.and Development Code. The applicant has met the 35% open space requirement through the preservation of 94.5acres (49.4 acres within the lake areas, 3.01 acres within the recreation area and 42.4 acres within the areas surrounding the lakes, and perimeter buffering). B. Allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; The project is designed with a roadway network system internally connecting the entire project. The primary access point into the development is from Hartman Road. There is an additional access road from Orange Avenue to the north which will connect the proposed residential project to the proposed Orange Avenue Commercial project. The applicant will be providing turn lanes into the project from the Hartman Road. Fort Pierce Utility Authority will be providing water and sewer to the subject property. The applicant has provided verification from FPUA that sufficient capacity is available to meet the demands of this project. The applicant as part of the infrastructure improvements will be required to extend the water and sewer lines into the subject site. . The applicant is currently working with the St. Lucie County Fire District to finalize an agreement for the siting of fire station. The applicant and the Fire District have worked out an agreement to pay an additional $165.00 per unit above and beyond the current Impact Fees collected by the County. C. Allow design options that encourage an environment of stable character, compatible with surrounding land uses; and, -. ...... -- 'w ....,I October 15, 2004 Page 4 Petition: Bent Creek, PUD File: PUD-04-003 and RZ-04-004 Bordering the project site ,to the north are vacant 'commercial lands, single-family residential on various tracts to the south, and west, Sandalwood Estates residential development to the east. Based upon the current development patterns, the proposed residential project is consistent with the existing development patterns in the area. D. Permit the enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities and the provision of recreation and open space. The applicant's proposed design has incorporated the existing land features in order to preserve the environmentally sensitive area along 5-Mile Creek, in addition, the site design incorporates a number of stormwater compensation lake features which will remove handle an overflow of water during a major storm event. To the west of 5-Mile Creek, the petitioner's site design incorporates a 31.2-acre tract of land that is to be utilized as a 21.52 acre lake system and stormwater compensation system with a public park facility. The proposed site design will not result in significant adverse impacts on the natural environment. Previously, the site was cleared and utilized as a tomato field/farm. In addition, the subject property has been impacted by Brazilian Pepper (impacting 75% of the entire site). No wildlife was found on the site. Of the 268.9 acres, a total of 94.1 acres is required to be preserved in order to meet the minimum 35% open space requirement of the St. Lucie County Land Development Code The application for .Preliminary Planned Unit Development (PUD) approval has been reviewed for consisténcy with· the provisions of the St. Lucie County Land Development Code and has been determined to meet all applicable standards of review. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The applicant has demonstrated that the proposed PUD (Planned Unit Development) amendment is consistent with all elements of the St. Lucie County Comprehensive Plan. Policy 1.1.1.1 allows for residential development within the RM (Residential Medium) Future Land Use classification at a maximum density of 9 du/acre. The proposed project has aRM (Residential Medium) FLU designation. Based upon this, the entire site would be permitted a maximum of 2,420 duo The proposed project was designed with a density of 722 units (2.69 du/acre), which is consistent with the existing Future Land Use designations. Policy 1.1.4.2 requires that new development be designed and planned in a manner, which does not place an unanticipated economic burden upon the services and facilities of St. Lucie County. The subject property is located in the Ft. Pierce Utility Authority designated '-' "wi October 15, 2004 Page 5 Petition: Bent Creek, PUD File: PUD-04-003 and RZ-04-004 service area. Sewer and water lines were previously installed along South 2Sh Street in the vicinity of the subject property. Fort Pierce Utility Authority has provided verification that sufficient capacity is available to meet the water demands of the project. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; . This proposed change in zoning and the accompanying Planned Unit Development site plan is consistent with the existing and proposed uses within the area. Bordering the project site to the north are vacant commercial lands, single-family residential on various tracts to the south, and west, Sandalwood Estates residential development to the east. 4. Whether there have been changed conditions that require an amendment; There are no changes that would require an amendment. However, the applicant has selected a development option that requires a change in zoning to the PUD (Planned Unit Development) zoning designation. This zoning designation includes a requirement for a specific site plan. If the County grants approval to the requested change, there is a specific acknowledgement and agreement by all parties to the development plans for the property. 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 capaèity 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; The applicant is proposing a 722-unit detached, single-family residential project. This development will be required to extend the infrastructure for water and sewer lines into the subject property. The project is designed with a roadway system with the primary ingress/egress being located on Hartman Road and a secondary access being located on Orange Avenue, connecting the proposed project with the commercial project to the north (Orange Avenue Commercial). The applicant submitted ,a Traffic Impact Report (TIR) which looked at all the collector, major arterials, and minor arterials within a 2 mile radius of the site. The TIR indicates that the proposed project will generate approximately 6,341 daily trips. A total of 511 AM peak hour trips are expected to be generated by the proposed development with 128 trips going into the development and 383 trips leaving the development. A total of 633 PM peak hour trips are expe'cted to be generated by the development with 405 trips entering the development and 228 trips leaving the development. The applicant's TIR also provided details on the trip distribution from the site onto the existing roadway network. 25% of the site traffic is expected to utilize the Orange Avenue exit; 25% of the site traffic is expected to travel north on Hartman Road to access Orange '-' ...., October 15, 2004 Page 6 Petition: Bent Creek, PUD File: PUD-04-003 and RZ-04-004 Avenue and 40% of the traffic is expected to travel south on Hartman Road to access Virginia Avenue. None of the roadway segments within the project impact area will experience a LOS of less than LOS C with the existing traffic, plus the expected trips from the proposed Bent Creek project. Neither condition, AADT or Peak Hour, will cause any of the effected segments to have a lower level of service designation applied to them. The subject property is located within the Fort Pierce Utility Authority's service delivery area. The applicant has provided verification from FPUA that service is available to meet the demands of this project. The applicant will be required to extend the lines into the project as a condition of approval. The Bent Creek PUD will be served by adequate school facilities. A 722 unit, detached single~family residential subdivision is expected to generate 260 (.36 students per unit) new students. The Bent Creek PUD is located in School Choice Zone 1. Student assignments from this community will be made consistent with applicable St. Lucie County Board Of Education standards and regulations. The Bent Creek PUD will be subject to the County's . Educational Impact Fee Ordinance. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The upland areas on the property have been affected by previous clearing activities associated with the ongoing agricultural uses on the property. Brazilian pepper and Australian pine are the dominant canopy vegetation on the site and encompass approximately 75% of the "forested" upland vegetation. The overall onsite impacts will include the removal of 86 total inches of Laurel Oak on the site. The off-site natural resou rces affected by the proposed development are minimal. The applicant has provided a site design and designed the stormwater plans for the property to include a 31.2-acre area, consisting of a 21.32 acre lake. The applicant has indicated a willingness to dedJcate this property to the County as a public park. This area will give a public connection to the 5-Mile Creek and can begin the process. of connecting this system to other systems within the County. Of the 268.9 acres, a total of 94.1 acres is required to be preserved in order to meet the minimum 35% open space requirement of the St. LùcieCounty Land Development Code. The applicant has met the 35% open space requirement through the preservation of 94.5 acres. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; The subject site is designated with a RM (Residential Medium) which permits a maximum density of 9 du/acre Future Land Use Map designations, allows for the development of a '-' ...., October 15, 2004 Page 7 Petition: Bent Creek, PUD File: PUD-04-003 and RZ-04-004 Planned Unit Development. This Future Land Use designation allows for the development of up to 2,420 residential units. In this instance, the development plans for the Bent Creek PUD call for a density of 722 units or 2.69 du/acre. . Bordering the project site to the north are vacant commercial lands, single-family residential on various tracts to the south, and west, Sandalwood Estates residential development to the east. . . The proposed development is consistent with the surrounding area and would continue a logical development pattern for this area. 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 would not be in conflict with the public interest and is in harmony . with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The petitioner, Lennar Homes, Inc., is seeking approval for a Change in Zoning from the RS-3 (Residential, Single-family - 3 du/acre), CG (Commercial General) and IL (Industrial Light) Zoning Districts to the PUD (Planned Unit Development - Bent Creek) Zoning District for the 722-unit, detached, single-family residential development to be known as Bent Creek PUD. The Bent Creek development is located on a 268.9-acre parcel of land located on the west side of Hartman Road at . the northwest corner of the intersection of Hartman Road and White Way Dairy Road. During the site plan review process of this petition, staff recommended a number of changes to the site plan which included the following: a) ElilTlinate lots 234 through 247 (patio lot area - east of canal #29) and designate this area as an open space park/recreation area. b) Eliminate lots 92, 91, 113 and 114 (patio lot area west of canal #29) and in place provide for a mid-block connecting roadway. c) Relocate the roadway - connecting the areas east and west of canal #29 to the next street north. d) Eliminate or modify the area around lot 107 (south of canal 35) to provide a minimum 30-foot wide pedestrian access route to the community park site west of Five-Mile Creek. This will provide for a direct route of connection between the community clubhouse and the park site. The developer has disagreed with Staff and has not made the requested modifications. Staff would continue to recommend that these site plan modifications be incorporated into the site design. Staff recognizes that the project meets the county's minimum technical requirements but believes that these changes improve the project design. If the Board is in agreement with Staff would make the requested changes as part of a recommended condition of appro val. Staff has determined that the requested change in zoning designation and the Preliminary Planned Unit Development Plan for the Bent Creek PUD is compatibJe with the existing and proposed uses in "-' 'wi October 15, 2004 Page 8 Petition: Bent Creek, PUD File: PUD-04-003 and RZ-04-004 the area. This petition meets the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff is recom. mending that this petition be forwarded to the Board of County :l0m is si0f!r it. h a recommendation of approval, subject to the following conditions: . w 1. The developer, or his assigns, shall be required to construct right1urn lane; at he project entrance into the project. / 2. No building permit shall be permitted to be issued for those residential lots (Lots 75 _ 107) lying east of Canal No. 29 (known as. File Mile Creek) until such time as a revision to the food {naps depicting the proposèd lots being outside of the floodway has been approved by the Federal Emergency Management Agency (FEMA). 3. Prior to issuance of a building permit for any lot located in Parcel "B", lying north of Canal No. 35, the proposed connector road from Orange Avenue into the project site shall be constructed. 4. Prior to recording of the first plats for any portion of the property, the developer, or his assigns, shall have completed the execution of a final utility service agreement with Ft. Pierce Utility Authority, indicating all developer obligations, including schedules, associated with servicing this site. 5. The applicant shall convey the 31.2 acre public park parcel to the County in a manner acceptable to the St. Lucie County Attorney. 6. Prior to issuance of a building permit for the construction on Hartman Road, the applicant shall be required to submit construction/engineering drawings for the Hartman Road enhancements to the St. Lucie County Engineer for review and approval. 7. It shall be the responsibility of the developer, to submit a park site plan (indicating all proposed amenities) for the proposed Park for review and approval by the Board of County Commissioners. 8. Prior to recording of the first plats for any portion of the property, the developer, or his assigns, shall submit a letter from the St. Lucie County School Board indicating that they have satisfied the St. Lucie County School B.oard for school siting. Please contact this office if you have any questions on this matter. Attachment DPKlcs Projects/Bent Creek/pz/Bent Creek.pz.stafCrpt.doc cc: Don Cuozzo, Houston Cuozzo Group '-' ....., October 15, 2004 Page 9 Petition: Bent Creek, PUD File: PUD-04-003 and RZ-04-004 Rett Waldman, Lennar Homes, Inc. County Administrator County Attorney Public Works Director Ënvironmental Resource Manager '-" ...., AGENDA ITEM 3: Lennar Homes - Chan!!e in Future Land Use - P A-04-006 Mr. Kelly suggested that since the next four agenda items were closely related the applicant would make one presentation to explain where they were, how they related, and what land swaps had been made. This would make the hearings go much faster. Chairman McCurdy questioned if the applicant was present. Mr. Don Cuozzo, representing both Lennar's (Bent Creek) proposal and Smigiel's (Orange Avenue Commercial) proposal made a PowerPointpresentation which is attached as Exhibit A and spoke at length about the project. Mr. Kelly stated that the purpose for the requested change was to balance off the properties that were being processed through a development project and the proposed use of land parcel would be part of a PNRD for commercial development. Approval of the petition was required to allow the applicant to seek a change in zoning for the subject property from IL, RS-3 and CG to the PNRD Zoning District. Staff finds the applicant's requests consist~nt with the Land Development Code and Comprehensive Plan. Staff recommends approval. Mr. Trias said that he wanted to see the layout of the PUD, he felt that one presentation would be sufficient, then hold the four public hearings. Chair McCurdy asked the board if it was okay for them to have one presentation. They unanimously agreed. Mr. Hearn asked staff what constituted a small area amendment and what took place to make it happen. Mr. Kelly explained less than 10 acres constituted the small area amendment and it was subject to a really much lesser review by DCA and the State. The process was like a rezoning. Mr. Grande questioned that on the first application it indicated an existing zoning of Industrial Light. Mr. Kelly said that there was an Industrial Light parcel that was inconsistent with the comp plan because it was in a residential area. Mr. Cuozzo introduced himself and his team as follows: Don Cuozzo of Houston Cuozzo Group, Michael LaCoursiere, Civil Engineer/Surveyor of Schorah & Associates, Rett Waldman of Lennar, and Toby Overdorf, ,Environmental Consultant of Crossroads Environmental, Inc. Mr. Lounds asked if the bridge at Peterson Road was going to be replaced and if so, who would replace it. Mr. Cuozzo answered that they the County had not asked them to and they were not building Peterson Road. They were taking an Abandonment Request to the County to abandon the road right-of-way there. P & Z Meeting OCTOBER 21, 2004 Page 6 '-' "wi Mr. Kelly went through the four items A, B C and D. The first item asked to eliminate Lots 234- 247 in the Patio Lot area east of Canal 29 and designate the area as open space for park and recreation; staff believed that that was an area that made sense to do that. Item B suggested that they eliminated Lots 91, 92, 113 and 114 in generally the same area and in place provide for a mid block connecting roadway; after they gave on the open space they said they didn't really want to do that and staff didn't think it was as important as the other and staff withdrew that request in the spirit of cooperation. Item C relocated the roadway connecting the areas east and west of Canal 29 to the next street to the north. To explain the bridge situation, lifts situation, staff felt that the traffic flow would have been better, but given the practical matters there including the bridge and the lift station and the need for an additional lift station, staff would not insist on that one. Item D was to eliminate, or modify the area around Lot 107 south the canal to provide a minimum 30 ft. wide pedestrian access through to the community park west of Five Mile Creek. Staff s response there was oops, because they would go through the parcel with the trail or whatever it was called and ran into the creek with no bridge and it didn't help them very much so they wouldn't insist on that either. Mr. Cuozzo said thatthe park would not be open to the public as it was to be a gated community. Mr. Hearn asked why there was no left turn lane required into the project. Mr. Kelly answered that there was a median there and there was no turning movement possible. Mr. Michael LaCoursiere stated that they were currently designing the right and left turn. Chairman McCurdy questioned the traffic on Hartman, how big of an impact this was going to be. Mr. LaCoursiere stated that the traffic reports submitted to staff by the consultant Finder Troutman Consulting demonstrated that there was enough, that the turn lanes would be satisfactory to handle the flow coming in off of Hartman with the relief coming in off of Orange A venue. That was why there was a requirement to provide that connector through,the Smigiel Commercial parcel to the north, sò that traffic would come from two directions. No signalization was necessary. Mr. Lounds questioned why they were not utilizing Peterson Road at all. Mr. LaCoursiere stated that besides being unimproved, Peterson Road was limited to a 15 ft. width from Hartman all the way through the property and there was no way to make it function at this point. So the idea was to eliminate that, also it created some intersection problems at Hartman Road. Peterson on the east side of Hartman Road was farther north that the Peterson alignment on the west side of Hartman Road and it created some configuration problems P & Z Meeting OCTOBER 21,2004 Page 7 ~ "wi Mr. Trias stated that he felt that staff gave up too easily in some of the requests that they had, as far as connections and the better layout for the grid and he preferred to incorporate some of those changes and perhaps some others. He also felt that the reason why it was going to Hartman Road was because they wanted to make a gated community and they wanted to have basically one entrance. He didn't think that it was ready to be approved. He thought it could be enhanced significantly with some of the changes that staff mentioned and some others and he would prefer to see a hetter project. Mr. Kelly explained that the two plan amendmént requests did not have plans because they were the plan amendments and they related only to that swap of a residential piece for a commercial piece and that's the entire detail of that. He also stated that the applicant had chosen rather than a detailed site plan to work with a Developer's Agreement which would specify what could be developed on the parcel. Mr. Cuozzo reminded the board that they were independent. The only thing that's not independent was the land use changes. The plans depended on the land use changes, so those were together. The Smigiel plan to be fair to Lennar and Bent Creek was not part of theirs, they were not doing that and the only reason they were brought forward at this time was to show the board how they were integrated. Lennar had done their market analysis and determined that a gated community would work in that area. It was a corporate decision made not to do a interconnected community to the extent that Mr. Trias would appreciate. He further stated that on the commercial pieces they didn't have a user right now. There was a Developer's Agreement that would outline the things that were important to people that were going to get developed there; how much square footage, what was our percentage coverage, what our setbacks w~re, where our landscape buffers were and so that they have a little bit more flexibility. It would be a lot easier to tell a prospective client that the property was already zoned for this. Mr. Grande asked if the goal was to wind up with the projected split between commercial as a PNRD and a residential as a PUD what was it that the board could do· on the commercial side that didn't say they approved PNRD, but they wouldn't see the plan and the plan never came back to the board. From his perspective the land on Orange Avenue was exactly the right place to have a commercial portion, he was a little skeptical about, approving aPNRD without a plan. Mr. Cuozzo responded that was where the developer's agreement came into play. Mr. Kelly reiterated that the responsibility of the board was to determine that the location was appropriate for the use. The board really looked at zoning issues than design issues under the County's codes. Mr. Hearn asked about a piece of land that ran north and south off Orange Avenue that was not part of the plan. Mr. Cuozzo said that was correct, it belonged .to a lady who would not sell. She had a residential structure on commercially designated land. P & Z Meeting OCTOBER 21, 2004 Page 8 '-" ..., Mr. Knapp asked about the emergency entrance on the western part of the property. Mr. Cuozzo said that the Fire Marshal requested it. Capt. Emerson, Fire District, Fire Marshal's Office stated that portion of thè' project was requested to have an emergency access point only, because it was an island onto itself. There was no way to get to it other than to access it by the bridge that they proposed to build. . Mr. Knapp asked if the only entrance from Orange Avenue was going to be the entrance on the 34 acres, was it going to be the only other access, and was there any reason why that owner didn't want to do any other kind of mixed usage on this with some townhomes, 52 ft. lots and houses. He also asked why they hadn't put in some multi-family to open it up. Mr. Cuozzo responded that that was correct. That was what Lennar's market indicated was a product type that would sell in the area and it was not an unusual product type in Florida. The lots were not large, but they were certainly the size of lots that created a product type that was affordable. Ms. Hensley asked about the impact of the 260 kids on the school system from the Bent Creek PUD and were they working diligently with the school board's facilities department. Mr. Cuozzo stated that they had numerous conversations with the school board and they hadn't heard any other requests from the school system. Mr. Trias asked if it was contiguous to the City of Fort Pierce and if it was, why wasn't it being processed through the city and annexed. Mr. Cuozzo responded that there was a portion of it along Hartman that had a portion of it connected to the city, but there were a number of pieces that separated it. There was aIle small portion connected to the city. The County told them that it was not eligible for annexation because of it only having the one connection to the city and it would create enclave. Lennar Homes agreed along with the city manager that they would hold off on their proceeding with the annexation until the final plat was recorded. At that time it would be up to the City of Ft. Pierce and the County to work out their annexation procedure. Mr. Knapp asked what were the price, point and size. Mr. Cuozzo answered thatthe52's by 125's were $200-$250K, 65 by 135 was $250-$300K, and the square footage would probably range from 2200 to 2700. There would probably be between eight and thirteen different home sites selections for potential homeowners to choose from. Mr. Kelly stated that their options were to recommend for the commercial land use, recommend denial of the proposed PNRD, but they could take that denial to the commission with this board's recommendation of denial and still take the plan to the commission. . P & Z Meeting OCTOBER 21, 2004 Page 9 '-' ...., Mr. Hearn said that he was very uncomfortable with the amount of dwelling units on this piece of property. Regarding the PNRDs, he felt they were setting aside land for drainage lakes that were retention ponds that were required and the roads that were going on there. They were still getting their dwelling units that they had before they started crammed on a lot smaller space and he was not comfortable with that idea. He thought it had South Florida written all over it and didn't like that. He favored the re-zonings, liked the idea of the commercial along Orange Avenue and the residential behind it, but couldn't support the amount of dwelling units on this property. Chairman McCurdy opened the Public Hearing on Agenda Item 3, Lennar Homes File P A-04- 006 for a Change in Future Land Use Designation from RM to COM. Seeing no one, Chairman McCurdy closed the Public Hearing. and Chairman McCurdy opened the Public Hearing on Agenda Item 4, Lennar Homes, File RZ-04-004 & PUD-04-003 for the preliminary PUD for the project known as Bent Creek and for a Change in Zoning from RS-3, IL and CG Zoning Districts to the PUD Zoning District. Seeing no one, Chairman McCurdy closed the Public Hearing. P & Z Meeting OCTOBER 21, 2004 Page 10 '-' "wi Chairman McCurdy opened the Public Hearing on Agenda Item 5, Gary Smigiel, Smigiel Partners IX, Ltd. for change in future land use designation from COM to RM. Seeing no one, Chairman McCurdy closed the Public Hearing. Ms. Hammer asked how many units per acre was permitted under the RM Land Use Designation. Mr. Kelly responded nine. Chairman McCurdy opened the Public Hearing on Agenda Item 6, Gary Smigiel, Smigiel Partners IX,Ltd. (Orange Avenue Commercial PNRD) RZ-04-009/PUD-04-007. Seeing no one, Chairman McCurdy closed the Public Hearing. 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I 'it:± ·m·.· I ~i I ~ ,I I !Ih-'''H-li ' " Ø" ~ \\\ j .' :. 11 . . ~~' \, i I:~ ' :: ~! ! I' \ l\ ~'. \ \ .. I: H4 I 't.. ~ õ¡ ~ ~ .. ~ ~ II \' :f'I"..w.)\\' ,,)I~ 1:* "!...\,¡,¡~" II \V..-. IT:.'!J\.'·· --.:--= --- --- _n_ ------- -- ' , I I \~ It ~ ~ 0, e J1! ~~ "\ \..;. ·~--)ffo. ~E-'I IJ;:¡lr,f.. I. 'EVIÐ'iF ~;1 :," il~. '~I'~ § ~ ¡;¡ ~ ~ , \1 ~\ ...1>-<_ ... .... ~ : J ~_ ___~.", 1\ &E ¿[.l-~._ ~NdÐ~J.'J~IJ~~~Ð:·j~ ~J'I (;~ .'j "I-..c&'~~~ N.5.L..K...~ (...._I...u. . ...::>~~..\o..._ .......... ..... J::::::==::=: ~ 1'"LU:'tII. _....:..~ __--L .IT[ ..~ - I'LU_-' ..~o.crr -...... ~-~ c....MI!N'tUll!_~MAL ~"_~'TI,AtI,L Bent Creek St. Lucie County Preliminary PUD Site Plan Florida -= ~ ~ 21!:'J c: ~;¡~ ÌL1 = ä¡p QQ I!¡;~>~ â .ii'~ § .. ¡s '-' ,..., Section 3.01.03 Zoning District Use Regulations I. RS-3 RESIDENTIAL. SINGLE-FAMILY - 3 1 . Purpose The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum density of three (3) dwelling units per gross acre, together with such other uses as may be necessary for and compatible with low density residential surroundings. The number in "0" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Family day care homes. (999) b. Family residential homes provided that such homes shall not be located within a radius of one thousand (1000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) c. Single-family detached dwellings. (999) 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 14. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking Requirements . Off-street parking requirements shall be in accordance with Section 7.06.00. 6. Conditional Uses a. Family residential homes located within a radius of one thousand (1000) feet of another such family residential home. (999) b. Telecommunication towers - subject to the standards of Section 7.10.23 (999) 7. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00. Adopted August 1, 1990 106 Revised Through 08/01/00 ~ 'wi Section 3.01.03 Zoning District Use Regulations S. CG COMMERCIAL. GENERAL 1. Purpose The purpose of this district is to provide and protect an environment suitable for a wide variety of commercial uses intended to serve a population over a large market area, which do not impose undesirable noise, vibration, odor. dust, or offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with general commercial surroundings. The number in "0" following each identified use corresponds to the SIC code reference described in Section 3.01.02{B}. Thè number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. AdjustmenUcollection & credit reporting services (732) b. Advertising (731) c. Amphitheaters (999) d. Amusements & recreation services - exèept stadiums, arenas, race tracks, amusement parks and bingo parlors (79) . e. Apparel & accessory stores (56) f. Automobile dealers (55) g. Automotive rental, repairs & servo {except body repairs} (751.753.754) h. Beauty and barber services (723/724) i. Building materials, hardware and garden supply (52) j. Cleaning services 7349) k. Commercial printing (999) I. Communications - except towers (48) m. Computer programming, data processing & other computer servo (737) n. Contract construction servo {office & interior storage only} (15/16117) o. Cultural activities and nature exhibitions (999) p. Duplicating, mailing, commercial art/photo. & stenog. servo (733) q. Eating places (581) r. Educational services - except public schools (82) S. Engineering, accounting, research, management & related services (87) t. Equipment rental and leasing services (735) U. Executive, legislative, and judicial functions (91/92/93194/95196/97) V. Farm labor and management services (076) W. Financial, insurance, and real estate (60161/62/63164/65/67) X. Food stores (54) y. Funeral and crematory services (726) Z. Gasoline service stations (5541) aa. General merchandise stores (53) bb. Health services (80) J.c. Home furniture and furnishings (57) d. Landscape & horticultural services (078) e. Laundry, cleaning and garment services (721) ff. Membership organizations - except for religious organizations as provided in Section 8.02.01 {H} of this code (86) gg. Miscellaneous retail {see SIC Code Major Group 59}: {1} Drug stores (591) Adopted August 1, 1990 118 Revised Through 08101/00 '-' 'wtI Section 3.01.03 Zoning District Use Regulations (2) Used merchandise stores (593) (3) Sporting goods (5941) (4) Book & stationary (5942/5943) (5) Jewelry (5944) (6) Hobby, toy and games (5945) (7) Camera & photographic supplies (5946) (8) Gifts, novelty and souvenir (5947) (9) Luggage & leather goods (5948) (10) Fabric and mill products (5949) (11) Catalog; mail order and diract selling (5961/5963) (12) Liquified petroleum gas (propane) (5984) (13) Florists (5992) ( 14 ) Tobacco (5993) (15) News dealers/newsstands (5994) (16) Optical goods (5995) (17) Misc. retail (See SIC Code for specific uses) (5999) hh. Miscellaneous personal services (see SIC Code Major Group 72): (1) Tax return services (7291) (2) Misc. retail (See SIC Còde for specific uses) (7299) ii. Miscellaneous business services (see SIC Code Major Group 73): (1) Detective, guard and armored car services (7381) (2) Security system services (7382) (3) News syndicate (7383) (4) Photofinishing laboratories (7384) (5) Business services - misc. (7389) jj. Mobile home dealers (527) kk. Mobile food vendors (eating places, fruits & vegetables-retail) (999) II. Motion pictures (78) mm. Motor vehicle parking - commercial parking & vehicle storage. (752) nn. Museums, galleries and gardens (84) 00. Personnel supply services (736) pp. Photo finishing services (7384) qq. Photographic services (722) rr. Postal services (43) ss. Recreation facilities (999) tt. Repair services (76) uu. Retail trade-indoor display and sales only, except as provided in Section 7.00.00. (999) W. Social services: (1) Individual & family social services (8321839) (2) Child care services (835) (3) Job training and vocational rehabilitation services (833) ww. Travel agencies (4724) xx. Veterinary services (074) 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. Adopted August 1, 1990 119 Revised Through 08/01/00 - '-' ,.., Section 3.01.03 Zoning District Use Regulations 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section !-04.00. 5. Off-street Parking and Loading Requirements Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses a. Adult establishments subject to requirements of Sec. 7.10.10. (999) b. Drinking places (alcoholic beverages) - free-standing. (5813) c. Disinfecting & pest control services. (7342 d. Amusement parks. (7996) e. Go-cart tracks. (7999) f. Hotels & motels. (701) g. Household goo~s warehou~ ar:.d storage-míni-Wárehouses (999) 0 ^-.l../..j./ h. Manna - rec,t:ðtlonðllR5ãtSonly:(4493) i. Motor vehicle repair services - body repair. (753) j. Sporting and recreational camps. (7032) k. Retail trade: (1) Liquor stores. (592) k. Stadiums, ar.enas, and race tracks. (794) I. Telecommunication towers - subject to the standards of Section 7.10.23 (999) 8. Accessory Uses Accessory uses are subject to the requireme~ts of Section 8.00.00, and include the following: a. Drinking places (alcoholic beverages as an accessory use to a restaurant and/or civic, social, and fraternal orga~izations). b. One single-family" dwelling unit contained within the commercial building, or a detached single-family dwelling or mobile home, (for on-site security purposes). c. Retail trade: (1) Undistilled alcoholic beverages (accessory to retail sale of food). Adopted August 1. 1990 120 Revised Through 08/01/00 '-' "wi 1. Purpose Section 3.01.03 Zoning District Use Regulations T. !!:... The purpose of this district is to provide and protect an environment suitable for light manufacturing, wholesale, and warehousing activities that do not impose undesirable noise, vibration, odor, dust, or other offensive effects on the surrounding are, together with such other uses as may be necessary to and compatible with light industrial surroundings. The number in "0" following each identified use corresponds to the SIC code reference described in Section 3~01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. . Business services (73) b. Communications - including telecommunication towers - subject to the standards of Section 7.10.23 (46) c. Construction services: (1) Building çonstruction - general contractors (15) (2) Other construction - general contractors (16) (3) Construction - special trade contractors (17) d. Engineering, architectural and surveying services (671) e. Commercial fishing (091) f. Laundry, cleaning & garment services (721) g. Local & suburban transit (41) h. Manufacturing: (1) Food and kindred products (20) (2) Tobacco product$ (21) (3) Textile mill products (22) (4) Apparel & other finished products (23) (5) Furniture & fixtures (25) (6) Printing, publishing and allied industries (27) (7) Drugs (263) (8) Leather & leather products (31) (9) Glass: (a) Flat glass (321) (b) Glass & glassware - pressed or blown (322) (c) Glass products - made of purchased glass (323) (10) Fabricated metal prod. - except machinery & transport. equip.: (a) Metal cans & shipping containers (341) (b) Cutlery, handtools & general hardware (342) (c) Heating equipment, except electric and warm air, and plumbing fixtures (343) (d) Fabricated structural metal products (34<1) (e) Coating, engraving & allied services (347) (f) Miscellaneous fabricated metal products _ (1) Wire products (3495) (2) Misc. fabricated wire products (3496) (3) Metal foil & leaf (3497) (4) Fabricated metal products. NEe; (3499) (11) Industrial/commercial machinery & computer equipment: (a) Metalworking machinery & equipment (354) Adopted August 1. 1990 121 Revised Through 08/01/00 '-' ...., Section 3.01.03 Zoning District Use Regulations (b) Special industry machinery, except metalworking machinery (355) (c) General industrial machinery & equipment (356) (d) Computers & office equipment (357) (12) Electronic & other electrical equipment and components, except computer equipment: (a) Household appliances (363) (b) Electric lighting & wiring equipment (364) (c) Household audio & video equipment (365) (d) Communications, equipment (366) (e) Electronic components & accessories (367) (f) Misc. electrical machinery equipment & supplies (369) (13) Measuring, analyzing and controlling instruments (38) (14) Photographic, medical and optical goods (38) (15) Watches & clocks (38) (16) Misc. manufacturing industries: (a) Jewelry, silverware, and platedware. (391) (b) Musical instruments and parts. (393) (c) Dolls, toys, games & sporting goods (394) (d) Pens, pencils, & other office & artists' materials. (395) (e) Costume jewelry, costume novelties, and notions. (396) (f) Brooms and brushes. (3991) (g) Signs and advertising displays. (3993) (h) Morticians goods. (3995) (i) Manufacturing industries, NEC. (3999) (17) Plastic products - fabrication, molding, cutting, extrusion, and injection processing. (308) i. Marinas (4493) j. Millwork and structural wood members. (243) k. Motion pictures (78) I. Motor freight transportation & warehousing. (42) m. Repair services: (1) Automotive & autOmotive parking (75) (2) Electrical (762) . (3) Watch; clock & jewe1ry repair (763) (4) Reupholstery & furniture repair (764) (5) Misc. repairs & services (769) n. Retail trade: (1) Lumber & other building materials (521) (2) Paint, glass & wallpaper (523) (3) Hardware (525) (4) Nurseries, lawn & garden supplies (526) (5) Mobile home dealers (527) (6) Automotive/boatlRV/motorcycle dealers (55) (7) Gasoline service (55) (8) Furniture & furnishings (57) o. Research, development, and testing services. (873) p. Ship, boat building & repairing - less than forty-five (45) ft. (373) q. Sorting, grading & packaging services - citrus/vegetables (0723) r. Vocational Schools (824) s. Wholesale trade - durable goods: Adopted August 1, 1990 122 Revised Through 08/01/00 ~ ....., Section 3.01.03 Zoning District Use Regulations (1) Motor vehicle and automotive equipment. (501) (2) Furniture and hòme furnishings.(502) (3) Lumber and other building materials. (503) (4) Professional & commercial equipmenVsupplies. (504) (5) Metals & minerals except petroleum, (505) (6) Electrical goods. (506) (7) Hardware, plumbing and heating equipment, and supplies. (507) (8)· Machinery, equipment, and supplies. (508) (9) Misc. durable goods: (a) Sporting and recreational goods (5091) (b) Toys & hobby goods (5092) (c) Jewelry, watches, precious stones & metals. (5094) (d) Durable goods NEC (5099) t. Wholesale trade - nondurable goods: (1) Paper anp paper products. (511) (2) Drugs (512) (3) Dry goods and apparel. (513) (4) Groceries and related products. (514) (5) Farm products - raw materials. (515) (6) Chemicals, and allied products. (516) (7) Beer, wine, and distilled alcoholic beverages. (518) (8) Misc. nondurable goods: (a) Farm supplies (5191) (b) Books, periodicals & newspapers (5192) (c) Flowers, nursery stock & florists' supplies (5193) (d) Tobacco/tobacco products (5194) (e) Paint~, varnishes & supplies (5198) (f) Nondurable goods, NEC (5199) u. Mobile food vendors (999) v. Single family detached dwelling units provided that the single family dwelling unit is located on an existing lot or parcel or record, as further defined in this code, that was existing on or before August 1, 1990. (999) 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Offstreet Parking and Loading Requirements Offstreet parking and loading requirements..are subject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. Adopted August 1, 1990 123 Revised Through 08/01/00 '-' ...., Section 3.01.03 Zoning District Use Regulations 7. CondWonalUses a. Airports, landing and takeoff fields - general aviation (4581) b.. Manufacturing: (1) Cut stone and stone products. (328) (2) Motorcycles, bicycles, and parts. (375) (3) Wood containers, wood buildings and mobile homes. (244/245) c. Ship, boat building & repairing (excluding ship or boat salvaging) - Forty-five (45) to one- hundred fifty (150) ft (373) d. Wholesale:". (1) Petroleum bulk stations and terminals. e. Scrap and waste materials - subject to the provisions of Section 7.10.12.A. 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. Co-generation facilities. (999) b. Fueling facilities. (999) c. Industrial wastewater disposal. (999) d. One detached single-family dwelling or mobile home for on-site security purposes per property. (999) e. Retail trade accessory to the primary manufacturing or wholesaling use. (999) Adopted August 1, 1990 124 Revised Through 08/01/00 T1}e Stua.rt News lU/ö/ZUUq q:¿l. PAUl:. ,£,1.> n.1.lSut.l'G^ ST. LutE COUNTY PLANNNõ AND ZDNtMõ COMMISSION PUBLIC tEARNi AGENM 0dI:Jber 21. 2004 '-' ...., TO 'MOM IT MAY CONCERN: NOTICE is hereby given iuccontlnœ with Sedion 11.00.03 of \he 51 Lucie County Lard DIMIlDpmert Codlllrd in8C1X11'd8nœ with the proviliona of the 51. LucieCouIly Co""l'IIhen- live PIIn. thIt the following IJIplíClI'b heve nll Uelllld thetthe 51. Lucie County PIInling Ind loling ComlTialion col1lidera the follclwing requeù: Lanl..r Homes 1111:.. for I Chengl in FutUI'II Lard U8I C....IìCllion from RM IRlllidel'li.l. MIcIiurrt 10 COM lCommercilO lor the following dllcribed property. LEGAL DESCRIPI10N - IfMŒL 'c-Z'I A PMŒl OF LAND lYING 1M Å POfmOM OF M SOUTHEA.'n' QUAInER IS! 114) OF SEC'TIOI't 7, TOWNSHIP 3& SOImt RANGE 40 EAST, ST. LUCIE COUNTY, FLOAIDJ\. SAID PARŒl BEING r.ÐRE PARTICUlARLY DESCRIIEDAS FOLLOWS: COMaÐClNG AT TIE NORTt£AST CORtER OFTt£ sourt£AST QUARTIR lSE 1141 OF SAIDSEÇTION 7: TIENCE SOurH ....2·05· WEST ALONG TIE NORTH UtE OF Tt£ SOUTH- EAST QUARTER lSE 1141 OF SAID SECTION 7,A DISTANCE OF 1342.80 FEET; Tt£NCE SOUTH 00 ·1)'1'WWEST ALONG ~WEST liNE Of THE WEST HAlf rH'l2) Of THE WEST HALF IW 112) OF THE NORTl-EAST QUARTER INE 114) OF THE SOUTHEAST QUARTER ISE 1141 OF SAID SECTION 7, A DISTANCE OF 1048.09 ÆET TO THE POINT OF BEGINNING; MNCE CONTINUE SOUTH 00· 01'50· WEST ALONG SAID UN£. A DISTANCE OF 276.24 FEÐ; TIiENCE SOUTH .·43'21' WEST, A DISTANCE OF 337.11 FEET; nENCE NORTH 00' 05...... EAST. A asTANCE OF 278. 12 FEET; Tl£NCE NORTH II' 42'D&·EAST, A DISTANCE OF338.B7 FEET TO THE AFOREMENTIONED f'OINT OF BEGINNING. CONTAINING 2. 14 ACRES. MORE OR lEss. LEGAL DESCRIPI10N -lfMŒL "E-I'1 A PARŒl OF LAND lYING IN A PORTION OF THE SOUTHEAST QUAA1I:R IS! 114) OF SECTION 7, TOWNSHIP 35 SOVTH. RANGE 40 EAST, ST. lUClE COUNTY, FlORIDA. SAID PARCEL BEING r.ÐRE PARTICU1ARLY DESCRIBED AS FOLLOWS: COMaÐClNG AT TIE NORTKAST CORtER OFTt£ sourt£AST QUARTIR (SE 114) OF SAID SEÇTION 7; Tl£NCE SOUTH ....2·05· WEST ALONG TIE NORTH UtE OFTt£ SOUTH- EAST QUARTER (SE 1141 OF SAID SECTION 7. A DISTANCE OF 13'2.60 FEET; TtÐIŒ SOUTH 00·01'50" WEST. A DISTANcE OF 682.67 FEET TO 11£ POINT OF BEGINNING; 11£NCE CONIlt«Æ SOUTH 00· 01'W WEST. A DISTANCE OF 386.42 FEET; Jt£NCE SOUTH.· U'06" MST. A IXSTANŒ OF 33f.B7 ÆET; MNCE NORTH 00 '06'48" EAST. A DISTANCE OF 381.49 rEET; Tt£NCE NORTH 89" 42'43" EAST ALONG 'ߌ SOlI'rM UNE OF nE NORTH HALF (N 1121 OF nE NORTHWEST QUARTER (NW 1141 OF THE SOUTHEAST QUARTER (SE 114) OF SAJDSECTION 7, A DISTANCE OF 336.U.FEÐTOll£ AFCJREMEN1IONED POINT OFBEGINNR>. . CONTAINING 2.99 ACRES. MORE OR lEss. LEGAL DESCRIPIlON - IfMŒL'E-n A PARCEL OF lAIIID lYING IN A POfmON OF TtÆ SOUTHEAST OUAA1I:R (SE 114) OF SECTION 7, TOWNSHIP 36 S01JTH, RAI\IGE 40 EAST, ST. LUCIE COVNTY,1'tOftIDA. SAID PARCEL BEING r.ÐRE fMTICU1ARLY DESCRIBED AS FOLLOWS: COMt.£NCING AT Tt£ NORTHEAST CORNER OF Tt£ SOUTt£AST QUARTER ISE 1141 OF SAID SECTION 7; Tt£NCE SOUTH.· 42'06' WEST AlONG THE NOR~ liNE OF T1£ SOUTt£AST CUARTER (SE '''' Of SAID SECTION 7. A DISTANCE Of 187&25 FEET; Tt£NCE SOUTH 00·06'48' WEST. A DISTANCE OF 882.81 Fær TO THE POINT OF IIEGINNWG; Tt£NCE CONnNlE SOUTH 00' 05'49" WEST. A DISTANCE OF 381.49 FEET; TtÐIŒ SOUTH.·U'05"WE'ST, A DfSTANŒ OF5OUO FEET; T1£NŒ IIIORTJiOO· "·WEAST. A DIS- TANCE OF 388.58 FEET; Tl£NCE NORTH 89·42'..3· EAST ALONG THE SOUTH LINE OF THE NORTH HALF IN 112) OF floE IIIORTHWEST QUARTER INW 114) Of THE SOUTHEAST QUARTER lSE 1141 OF SAID SECTION 7, A DISTANCE OF 504.83 FEETTO 'THE AFOREMENTIONED POINT OF BEGINNING. CONTAINING U8ACRES, MORE OR lEss. LEGAL DESCRIPI10N - (fMŒL 'E~ A P~l OF LAND lYING 1M A PCImON OF M SOUTHEAST QUARTet IS! 114) OF SECTION 7, 'TOWNSHIP 36 SO\mt RANGE 4O!AS'T, ST, LUCIE COUNTY, 1'lORmÞ. SAID 7'~l BEING r.ÐRE PARTICULARLY DESCRIlEDAS FOLLOWS: - COMt.£NCING AT Tt£ NORTHEAST CORNER Of Tt£ SOUTt£AST QUARTER ISE 1141 OF SAID SECTION 7; Tt£NCE SOUTH 88·41'05" WEST AlONG THE NORTH liNE OF THE sourt£AST Q~TER (SE 1141 OF SAI) SECTION 7, A DISTANCE OF 1001.15 FEET: Tt£NCE SOUTH 00·02'10" EAST ALONG 11£ EAST LINE OF THE WEST HALf Wi 1121 OF n£ WEST HAlF IW 112) OF 11iE NORTHEAST QUARTER INE 114) OF TIE SOUTI-EAST QUARTER (SE 114) OF SAID SECTION 7, A DISTANCE OF 862.72 ÆET TO T": POINT OF BEGINNING; 'llENCE CONT1NUE ~ DO· 02'10" EAST AlONG SAID UNE. A DISTANCE OF 38&.3& FEFT'; MNœ SOUTH 88·42'06' WEST, A DISTANCE OF 336.86 FEET; 'THENCE N~ DO' 01'&0" EAST ALONG THE WEST LINE OF 'lIE WEST HALF IW 112) OF 'lIE WEST HALF rN 112) OF M NORTH EAST QUAR'IB IHE 1f4 OF1HE SOUTH£AST QUARTER (SE 114) OF SAID SECTION 7, A DISTANCE OF _.42 ÆET; THENCE NORTH.' 42'43" EAST ALONG THE SOUTH LINE OF THE NORTH HALF IN 112) OF THE NORniWEST CUARlER (NW 1(4) OF THE SOUTHEAST QUARTER (SE 1141 OF SAID SEC110N 7. A DISTANCE OF 338.U FEET TO THE AFOREMEN11ONED POINT OF BEGINNING. CONTAINING 2.99 ACRES. MORE OR lEss. lDCIIion: Nolthwell comer of tilt i ltInIIdon of IWr8OI1 Road.nd HaItmIn Road. Lemar Homeslne., lor. ChellQI in loft!1J from U. RS-3IRllllid....I. Singll-f.nily - 31i1/1cre). CG (Commerci.1 G_rIIQ and ILllndutari.l. Liglt) loning a.rilU to the PUD (Pllnned Ulit DaveIopmeN - Bant C.-¡ Zori 1 I:liItrict lon_following dlacribld Plqlelty: fMCEL 1A (LYING IN Tt£ sourtEAST QUMTER (SE 1141 OF SAID SECTION 71 COMMENCE AT TIE NORTt£AST CORNER OFTF£ SOUTI£AST COOTER ISE 1141 OF SAID SECTlON 1; Tt£NCE SOUTH 11·42'05' WEST ALONG Tt£ NORTH UtE OF SAID SOlJrH- EAST QUARTER IS! 1141 OF SECTION 7. A DISTANCE OF 1008.15 FEfT TO 'TIE fAST UNE OF 'n£ MST HAlF (Vi 112) OF M WEST HALF IW 112) OFM NORTHEAST QU~ INE 114) OFTI£ SOUTHEAST QUARTER lSE 114) OF SAID SECTION 7: THENCE SOUTH 00· 02'10" ~ ALONG SAID EAST UNE. A DISTANCE OF 48.07 fEET TO A POINT OF INTERSEC- TION WITH THE SOUTHERLY liGHT' -OF-WAV LJlE OF ORANGE AVENUE !STATE ROAD NO. .. AS SHOWN ON M STATE OF flORIDA DEPARTMENT OF TRANSPORTAT1ON RIGHT'· OF-WAY MAP, STATE PROJECT NO. 94070-2&05IUNRECORŒD~AP AS PREPARED BY BETSY L~..'!t INC.. CATED 0711J:W2, SAID RIGHT.(]f.WAV UNE BEING PARAllEl WITH AND 48.07 ÆI:T SC>\1m OF. Þð MEASURED A'T R10HT ANGlES 1uM HOImIUNE OF M SOUntéAIfT QUAMtR IS! 114) OF SAID SECTION 7; 'THENŒ SOUTH 00· or,o' ~ AlONG'T!iE SAID EAST llJE, A DISTANCE OF 10lIO.01 FEET TO "fHf POINT Of 8éGlItN~ THEItŒ>tamNUE SOUÐ1 ÐD· 02"0' EAST ALONG THE SAID EASt lINE Of THE WEST HALF!W 112) OF THE WEST HALF Wi 112) OF THE NORTHEAST QUNITER INE 114) OF TtE SOUTHEAST QUARTER ISE 114) OF SAID SECTION 7. AND ALONG TtE EAST UNE OF Tt£ WEST HALF IW 1121 OF THE WEST HALF IW 1121 OF THE SOUTIEAST QUARTER (SE 1141 OF THE SOUTHEAST QUARTER ISE 1/4) OF SAID SECT10N 7; A DISTANCE OF IIi&&.8'1 FEET TO Tt£ NORTH RIGHT-OF-WAY UNE OF NORTH ST. LUCIE RIVER WATER CON11IOL DISTRICT CANAL NO. 5, AS DESCRIBED BY DEEO RECORDED IN CHANCERY ORDER BOOK 3. PAGE 4. PUBLIC RECORDS OF ST. LUCIE COUNTY, SAlO LINE BEING PARALLEL WITH AND 41.00 FEET I\IOfIT1 OF. AS MWURED AT RIGHT ANGLES TO'THE SOUTH LINE OF THE SOUTŒAST QUARTER ISE 1/4) OF SAID SECIION 7; THENCE SOU11f 88·44'38" WEST AlONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 1842.36 FEET TO TtE EAST RIGHT -OF- WAY LINE OF NORTH ST. LUC£ RIVER WATER CONmOl DlS'm1CT CANAL NO. 29. M ŒSCRIIED BY ŒED RECORDED IN CHANCERY OADER BOOK 3, PAGE 4. PUBLIC RECORDS OF ST. LUCIE COUNTY, SAID UNE BEING PARALlB. WITH AND 11.00 FEET EAST OF. AS MEASURED AT RIGHT ANGlES TO n£ VÆST LINE OF SAD SOU11£ASTQUNITER (5£ 1141 OF SAID SECT10N 7; TtENŒ NORn! 00 ' 17'" EAST ALONG SAID RIGHT -OFWAY UN£. A DISTANCE OF 2117.10 ÆET; 'T1iENŒ NORTH .. 42'43" EAST. A DISTANCE OF 285.12 FæT; MNCE SOUTH 00'13'" WEST, A DISTANCE OF .1..04 FEET TO A POINT ON THE SOUTH UNE OF THE NORTH WEST QUARTER (NW 114) OF THE SOUTHEAST QUARTER (SE 1/41 OF SAID SECTION 7; Tt£NŒ NORTH æ· 43'21' EAST ALONG SAID SECIIONAL UNE. A DISTANCE OF 188.51 FEET; DENCE NORTH 00· "'41' EAST. A DISTANCE OF 215.M FEET: THENCE NORTH" 42'DI· EAST. A DISTANCE OF 1178.02 FEET TO THE POINT OF BEGINNING. CONTAINING 81.112ACRES. MORE OR lESS, FMCEL 2A ILYlNG IN Tt£ SOUTHNEST CUtlRTER ISW 1141 OF SAID SECTION 71 COMt.£NCE AT Tt£ SAID NORTt£AST CORNER OF Tt£ SOUTt£AST QlWITER ISE 1141 OF SAID SECTION 7; Tt£NCE SOUTH 88· 4:lOW WEST ALONG ~ ttalmil.IKE OF WE Souni HAlF (S 112) OF SAID SECT10N 7. A DISTANCE OF33C&.98 ~ TO TJfE \\ØT LINE OFTHE EAST HAlF IE 1121 OF THE EAST HAlF IE 112) OFTJfE SOUTHWEST QUNITER ISW 114) OF SAID SECTION 7; 1MENCE SO\ffif 00· 15' 12" WEST AlONG SAID WEST UNE, A DISTANCE OF 401.65 FEET TO TIlE POINT OF BEGlNNlNG; THENCE CONTINUE SOlTlTi DO' 1S'12" WEST ALONG ntE SAID WEST LINE OF THE EAST HAl1= 'E 112) OFntE EAST HAlF IE 112) OF THE SOUTHWEST QUARTER ISW 114) OF SAID SECTION 7, A OISTANŒ OF 1578.80 FEET TO TIlE NORTH UNE OF 'THE EAST HALF IE 112) OF 'THE SOUTHWEST QUARTER SW 114) OFntE SOU1HEAST OUMTBI IS! 114) 01= 'THE SOU'nM/EST QUARTER ISW 1141 OF SAID SECTION 7; Tt£NCE SOUTH.· 4B'3I' WEST ALONG SAID NORTH LlN£, A DlSTAIIICE OF 33Ø.13 ÆET TO DE Wl:ST UNE OF SAID WT HALF If 112) OF DE SOUTH- WfST QUARTER (SW 1141 OF THE SOUTHEAST QUARTER (SE 114) OF THE SOUTHWEST QUARlER ISW 1141 OF SAID SECTION 7; THENCE SOUTH 00' 13'14" WEST ALONG SAID WEST LINE. A DISTANCE Of '18.00 FEET TO THE NORTH RIGHT-OF-WAY UNE OF ST, LUCIE RIVER WATER CONmOL DlS'm1CT CANAL NO. 35. AS DESCRIBEO BY DEED RECORDED IN CHANCERY ORDER BOOK 3. PAGE 4. PUBUC RECORDS OF NORTH ST. LUCIE COUNTY, SAI) NORTH LINE BEING A UNE PARALLEL WI'TH AND 48.00 FEÐ NOR114 OF. AS MEASURED AT RIGHT ANG1.ES TO 1}£ SOU'TH UNE OF THE SOUTHWEST QVMJER 1M 114) OF SAID SECTION 7: 1}ÐJŒ JtotID ... 48'06" EAST AI.DNG SAID RIGHT-of-WAY LIm, A D!$- TANeI! OF 1138.10 FEET TO M WEST RIGHT' .Of-WAY LINE OF NORTH ST. LUCIE RMR WATER CONTROL OISTRICfCANAL NO. 29. M SHOWN ON THEIR 'INFORMATION MAP" DAT· ED MAY 1.1 (UNtECORDEQ AND AVAIAIIlE AT 2721 SOUTH JENJaNS ROAD, FT. PERCE. FlORM 3411f1I, SAID RIGHT-OF-WAY LINE BEING PARAtlR WITH Arm 51.00 RH WEST Of. M MEASURED AT RIGHT ANGLES TO THE EAST LINE OF THE SounMEST QUARTER (SW 1141 OF SAID SECTION 7; THENCE NORTH 00' 17'48' £AST ALONG SAID RlGHT'- · T~e ðtuart News IVI tJl ¿VV':! ':!: ¿.L t'^UJ:. ."., n.QSll '-r 4^ OF-WAY LINE;' A DISTANCE Of 1278... fEET TO TI£ END OF SAID RlGIíT-oF·WAY, AS SHOWN BY MAP AND TO lHE SOUTIiERLY END Of lHE WEST RIGHT·Of-WAY LINE Of SAID CANAL NO. 28, AS DESCRIBED BY DEED RECORDED IN ,. 'ICERY ORDER BOOK 3, PAGe 4, SAID LINE BEING 61.00 FEET WE~ '1F, AS WASURED AT RIGHT ANGLES TO THE SAID EAST LINE Of THE SOUTHWEST QUARTER ISW 1/4) oL. AlON 7; THENCE NORTH 00" 17'48' EAST ALONG SAID RIGH' flAY LINE. A DISTANCE Of 917 92 FEET- THENCE SOUTH" O'."\\BT. A DlST'ANCE OF 810.47 FEET Tb'W"PòIN1' OF 8EGINNING....., . , CONrAINING 3UOACRES, MORE OR LESS. PARCEL ~(LYlNG INn£ NORTHNEST QUARii:R INW1141 OFSECT1ON 181 COMft£NCE AT Tt£ NORTt£AST CORNER Of SAID SECTION 1..8¡!t£NCE SOUTH 89" 44 '36" WEST ALONG Tt£ NORTH LIE OFTt£ r«>RTt£AST QUARmI (toE 1J41 OF SAID SEC. TION 18, A DISTANCE OF 2709.21 ÆET TO THE NORTHWEST \M'ItER OF THE NORTt£AST QUARTER ItoE 1141 OF SAID SECTION 18; THENCE SOUTH 89" 48'ÐØ" werr AlONG M NORTH LftE Of THE NORTHWEST QUARTEJ1INW 1141 OF SAID SEcnoN 18. A DISTANCE OF8&I.n FEET TO THE WEST UNEOFTHE EAST HAlliE 1121 OFlHE EAST HAll (E 1/21 OF TtI! NORT1fNEST QUARTER (NW 114) OF SAID SECTION 18: THENCE SOUTH 00" 08'&6' WEST ALONG SAID WEST UNE.. A DlST'ANCE OF 81.00 FEET TO A POINT OF INTERSECTION WITH THE SOUTIi RlGHT.()f-WAY UNE OF ÆTERSON ROAD A 15.00 FOOT RIGHT -of·WAy)' AS DESClBED BY DEED RECORDED IN CEED BOOK 75, PAGE 531, PUBLIC RECORDS OF ST. LUCE COUNlY. SAID UNE BEING PARALLEL wrrn AND 81.00 FEET SOUTH OF. AS MEASURED AT RIGHT ANGlES TO DiE SAID NORTH LINE Of lHE NORTHWEST QUARTER INW 1141 OF SAID SECTION 18, AND SAID POINT OF INTERSECnOIII BEING THE POINT OF BEGINNING; THENCE SOUnf 00" 08'66' WEST ALOHG SAID WEST LINE OF THE EAST HALF IE 112) OF TI£ EAST HALf IE 1121 OF THE NORTHWEST QUARTER fNW 1141 OF SAID SECTION 18. A DISTANCE OF 25M.. FEET TO THE NORTH RIGHT-OF-WAY UNE OF NORTH ST. LUCIE RIVER WA'TY CONTROL DISTRICT CANAl.. NO.3&. AS DESCRIBED BY DEED RECORŒD IN ŒED BOOK 41, PAGE -. PUBLIC RECORDS OF ST. LUCIE COUNTY, SAID RIGHT. ;~~~L~~T~=~~~~2~:S~':==GDJr~_~~;'DAA61~~~~~~~~~Mt~~~~~~i~FR= WATER CON11IOL DIS1IIlcr CANAL NO, 29 IFIVE MIIJ: CREEK) A 121.00 FOOT RlGHT-oF·WAy! AS DESCRIBED BY DEED RECORDED IN CEED BOOK 41, PAGE 481, PUBLIC RECORDS OF SAID ST. LUCIE COUNTY; Tt£NŒTRAVERSlNG THE WESRRLY RIGHT -oF·WAY UNE OF SAID CANAL NO. 29 BYTHE FOUDWING FIVE IS) COURSES: UIORTH12 " 38'44' WEST. A IJSTANCE Of 86S.28 FEET TO AI'OINT OFClIWATUŒ WITH A CUM; CONCAVE TO TI£ EAST AND ~VINGARADIJS OF"'.10fEET; 1r«JRTt£RLY AI..OJIG Tt£ ARC OF SAIO CUM:, TtftOOOH ACENrRALANGLE OF 25 "5I'05",ANARC IJSTANCE OF 290.75 FEET TO A POINT OFTAlGENCY WITH A LINE 1 NORTH 13" 20'2Ð" EAST ALONG SAlt) l1Nf.. A DtSTANŒ OF 8&2.24 'FEET TO A POINT OF CURVA1UÆ WITH A CURVE CONCAVE TO TNE NOImIWEST AND HAVING A RADIUS OF 50&82 FEET; 4. NORTt£ASTERLY AND NORTHERLY ALONG Tt£ ARC OF SAÐ CURVE, TtftOUGH A CEtnRAL ANGLE OF 13 " 05'42", AN ARC DISTANCE OF 1 16.25 ÆET TO A POINT OfTANGEN- CY¥fmtA LIE 6. r«JRTH 00 ",. '38' EAST ALONG SAID LIE, A DISTANCE Of 8IO.M FEET TO TI£ SAID SOUTH RIGHI" -Of WAY LINE OF ÆTERSON ROAD. Tt£NCE DEPARTING SAID CANAL NO. 28 RIGHI" .{)f~Y UNE, SOUTH 89 "48'08" WEST ALONG SAID SOUTH RIGHr-oF-WAY LINE, A DISTANCE OF 69U6 FEET TO 'nœ' POIJIlT' OF BEGINNNG. CONTAINING 31.1.ACRES, MORE OR LESS. PMCEL4A ILYlNG INTt£ NORTH HALF IN 1121 OFSECTÐN 181 COMMENCE AT Tt£ NORTHEAST CORNER OFSAJDSECT1ON 18;TI£NCE SOUTH 01 " 1r41l"WEST ALONG'M!EAST't1tÆOFTHENOR'IHEAST QUARTER (N'E 1I4}SAlDS!CI1ON 18. A DIST~ OF '1150.4' fEET TOTHE NOImi lINE OF Tl£sount IW.F IS 112) Of THE M:mHEAST QUAlmft (NE 114) Of THE SOlJT}£ASJ' CUNmR ISE 1.44) OF THE ~ QUARTER (NE 114) OF SAID SECTION 18; Tt£NCE SOUTH. 0 26'26" WEST ALONG SAID NORTH LINE. A DISTANCE OF 26.01 FEET TO THE WEST RIGHT-OF-WAY UNEi)f HARTMAN ROAD, AS DESCRIBED BY DEED RECORDED IN OFFICIAL RECORD BOOK 71, PAGE 128, PUBLIC RECORDS OF ST'. WCIE COUN1Y; THENCE NORTH 01" 19'48" EAST ALONG SAID WEST'RIGHT·OF-WAY LINE. A DISTANCE OF 180.00 FEET TO A POINT IN THE NORTH LINE OF THAT PARCel Of lAND OWNED BY ELMER O. SMITH ANO ŒSCRIIED BY DEED RE· CORDED IN 0FF1CIAL RECORD BOOK 66, PAGE 3M, FUIUC R£CORDS OF SAID ST. LUCIE COUNTY. SAID POINT BEING Tt£ POINT OF BEGINNING; THENCE CONTINUE AlONG SAID WEST RIGHI" -oFWAY LH OF HARTMAN ROAD. NORTH 01 " 19'48" EAST. A DISTANCE OF 1409.53 FEET TO THE SOUTH RIGHT-oF·WAY LINE OF PEn:RSON ROAD (A l!>oOO FOOT RIGHT-oF·WAY!, /IS DESCRIBED BY DEED RECORDED IN DEED BOOK 76, PAGE 531. PUBLIC RECORDS OF SAID ST. LUCIE COUNTY. SAID LINE BeING PARALLEL WITH AND 61.00 FEET SOUTH OF, /IS MEASURED AT RIGHT ANGLES TO Tt£ NORTH UNE OF Tt£ NORTHEAST QUARTER (NE 1141 OF SAID SECTION 18; 1}£NCE SOUTH .0 44'38' WEST ALONG SAID RlGHT-OF·WAY LINE, A DISTANCE OF 2619.&4 FEET TO THE EAST RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DlmrCT CANAl. NO. 29 IFIVE....LE CREÐC) A 128.00 fOOTRIGHr .a:-wAy!; TJENCE TRAVERSING THE EASTBlL Y RIGHT-OF-WAY UNE OF SAID CANAL NO. 29, BY lHE FOllOWING AVE 161 COURSES: 1. SOUTH ÒO " 14'38' WEST, A DISTANCE OF 881.80 ÆET TO A POINT OF ClIWATUŒ WITH A CUM; CONCAVE TO Tt£ NORTHWEST AND HAVING A RADIUS Of 638.82 ÆET; 1SOUTt£RLY AN> SOUTtt'VESTERLY ALONG Tt£ ARC OF SAID CURVE. TtftOUGH A CENTRAL ANGLE OF 13 0 «16'42", AN ARC DISTANCE OF 14UO FEET TO A POINT OFTANGEN- CYVtfTHA LINE 3.S0urH 13" 20'20" WEST ALONG SAID LINE. A DISTANCE OF 852.24 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 513.10 ÆET; 4.SOUTt£RLY AlONG Tt£ ARC OF SAID CUM:, TtftOOOH A CENrRAL AtGLE OF25" 51'05", AN ARC DISTANCE OF232.1O ÆEr TOA POINT OF TANGENCY WIJ1i A LINE 5.S0UTH 12" 38'44' EAST' ALONG SAID UNE. A DISTANCE OF 879,82 FEET TO THE NORTH RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRlcr CANAl. NO.6, AS DESCRIBED BY DEED RECORDED IN DEED BOOK 41, PAGE 4119, PUBLIC RECORDS Of ST. LUCIE COUNTY, SAID RIGHT -OF·WAY UNE BEING PARALlEL WITH AND 48.00 FEET NORTH OF, AS MEASURED AT RIGtfT ANGIJ:S TO THE SOUTH UNE OF mE NORTt£AST OUAR11:R INE 114) OF SAID SECnON 18; Tl£NCE ŒPARTING SAID CANAL NO. 21 RIGHI" -oFWAY UNE, NORTH ." 13'42" WT ALONG SAID CANAl.. NO.6 RIGHT -Of WAY \.lIE. A 1JS1ANCE OF 614.37 FEET TO 1HE. fAST END OF SAID DEEDED RIGHT-OF-WAY AND THE BEGINMNG OF THE NORTH RIGHT-OF-WAY LINE OF CANAL NO.1\. AS SHOWN ON SAID NORTH ST. LUCE RIVER WA'TER CONTROL DlST1IICT "INFORMATION MAP". SAID RIGHT.()f-WAY UNE IEING PARALLEL wrrn AND 48.00 fEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO THE SAID SOUTH LH OF TI£ NORTHEAST QUARTER (NE 1141 OF SECTION 18; THENCE CONTINUE NORTH.· 13'42" EAST ALONG SAID MAP RIGHT-oF·WAY LINE. A DISTANCE OF 666.24 FEET TO THE EAST END OF SAID MAP RIGHT -oF·WAY UNE AND IEGINNING OF THE NORTH RIGHT-oF·WAY LINE OF SAID CANAL NO. 8. AS DESCRIBED BY DEED RECORDED IN OIANCERY ORDER BOOK 3. PAGE 4, PUBLIC RECORDS OF SAID ST. LUCIE COUN1Y, SAID LINE BEING A LINE PARAL1EL WITH AND 48.00 FEET NOImi OF, ÞS MEASURED AT RIGIiT ANGLES TO Tt£ SAID SOUTH LINE OFlHE NORTHEAST QUARTER NE 1141 OF SECT10N 1~ 1MENCE NORTH." 13'tz" EAST ALONG SAID DEEDED RlGHT-oF.WAY LINE, A DISTANCE OF 866.26 FEET TO Tt£ EAST UNE Of THE SOUTHWEST QUARTER (SW 114) OF THE SOUTHEMT QUARTER ISE 1J41 Of THE NORTHEAST QUARTER (NE 114) Of SAID SECTION ~il.'!~g NORTH 01" 03'26" EAST AlONG SAID EAST LINE AND ALONG THE EAST UNI! OFM NOR'TH\WST QUARTER INW 1141 OF'nœ' SOU'TtEAST OUAII'IER (Sf 1M) OFM Nun IntA':ll QUAR· TER fNE 1141 OF SAID SECTION 18. A DISTANCE OF ....36 FEET TO THE NORTH UNE OF THE SOUTH HALF IS 1121 OF THE NORTHEAST QUARTER INE 1141 OF THE SOUTHEAST QUARtER (SE 1141 OF'M NORTHEAST QUARTER (HE 1141 OF seCOON 18; TIÐIŒ NORTH 89" 26'2&' EAST ALONG SAID NORTH LINE, A DISTANCE OF ".88 FEET TO 'THE MST LINE OF Tt£ SAID ELMER O. SMITH PARCEL DESCRIBED IN OFACIAl RECORD BOOK &&. PAGE 38e; THENCE NOIffij 01 " 19'48" EAST ALONG THE WEST LINE OF SAID PARCEL. A DISTANCE OF 180.00 fEET TO TI£ NJRTH utE OF SAID PARCEL; Tt£NCE NORTH. -26'26" EAST ALONG SAID NOfI'TM LINE. A DlST'AIIICE OF 160.00 FEET 'TC 'THE POINT OF BEGIN· NING. CONTAINING 140.'74 ACRES, MORE OR LEss. Loedolt Noll","" comer of the irDnlClion of.....non Road.nd Hamren Ro.d THESE SPECIAl. PUBLIC HEARINGS will be held In !hi Commlllion Chambe.... Roger Poltr.. Annø.. 3rd Floor, S1. Lucie Coumv Admlnlltrallon Building. 2300 Virginia AYlnu8, Fon Pi.rce, FIoridll on Oc:tgber 21, 2004. beginning It 6:00 P.M. or IS MX1111herufter as poaible. PURSUANT TO Sdon 28s.o105, Aoridl StItut"" if a p.non decide. to IJIPIII.ny decilÍon made ~ I boa"', 19'1IC¥. or COITITÌllÍon willi relpld to Iny miller OONidered lit I meet· ing or huring. he will nlld _ record of the proc:eedinga. .nd the.. for Iud1 purpolll, h. may nlld 10 eftlUra hI a Ylfbetim record of Ihe prOceedinga is made, which record includes 1118 lllllirnony and Wiclel1Cl upon which 1h811p118111 i. III be biRd. . P!ANNNG AND 2DNIG cot.'IIIISSION / LOCAL PlANNING AGENCY, ST. LUCE COUNTY, FLORIM ISI Canon Mc:Cu rdy, Chai mIIn l'ublistt OCTOIER 11, 2004 797888 240780100530000 '-' """'" 240780100340001 240742200020005 Aikens, Nancy A Anderson, Willie 0 Arnold, Juli 304 Rosewood Dr 301 Deerwood Lane 7101 S Indian River Drive Fort Pierce, FL 34947 Fort Pierce. FL 34947 Fort Pierce, FL 34982 240780100310000 240780100490009 240780100090007 Baker, Chrystal Barber, Gerrit Baumker (LF EST), Rose E 2025 SE Mandrake Cir Barber, Arletha Baumker (TR), Port St Lucie; FL 34986 . 309 Rosewood Dr 105 Sandalwood Dr Ft Pierce, FL 34947 Fort Pierce, FL 34947-3425 240731200140004 240731200150001 240780100030005· Beltran, Margaret A Bonilla, Martin C Breda, WilliamF 151 U Vista Court Bonilla, Beverly A Mitola, Karen E Fort Pierce, FL 34947 149 U Vista Ct 205 Sandalwood Dr Fort Pierce, FL 34947-1318 Fort Pierce, FL 34947-3452 . - 240780100380009 241723200100002 240780100510006 Busbin, Kathy P Central Church Of Christ Inc Clasby, David 2741 Navajo Ave PO Box 3728 Clasby, Tama Fort Pierce, FL 34946-6715 Fort Pierce, FL 34948-3728 310 Rosewood Dr . Fort Pierce, FL 34947-3424 240731200090006 241760300010004 241723200030000 Clausen (LF EST), Warren W Cook, Patricia L Curnette, Johnny L Clausen (LF EST), Phyllis M 801 S 40th Ct Curnette, Lucy P . Stewart, Marsha Fort Pierce, FL 34947-6322 1200 Hartman Rd 131 U Vista Ct Fort Pierce, FL 34947-4417 Fort Pierce, FL 34947-1318 241722200010005 240741100020001 240780100440004 Dickson, Young D Donnini Enterprises Inc, Dowis, Glenda D Dickson, Estelle S 9250-H Alternate AlA PO Box 2752 800 Hartman Rd Lake Park, FL 33403 Fort Pierce, FL 34954-2752 Fort Pierce, FL 34947-4402 241723100020000 241760300040005 241814400010009 First Christian Church Ft Pierce F, Gamez, Jose L Gard, James W 1210 Hartman Rd Degamez, Aurelia M Gard, Tuoi Thi Fort Pierce, FL 34947-4417 809 S 40th Ct 1301 Hartman Rd Fort Pierce, FL 34947-6322 Fort Pierce, FL 34947-4416 240731200030004 240780100180003 240731200160008 Gardner, Robert A Gil, Antonio Gilbert, Thomas B 110 U Vista Ct Gil, Delia Gilbert, Aileen E Fort Pierce, FL 34947-1317 1704 A vienda Ave 143 U Vista Ct Fort Pierce, FL 34946-5522 Fort Pierce, FL 34947-1318 240833300010008 241723200011007 240780100170006 Gottardo III, Paul Griffin, J C Grimsley, Marvin E 720 Hartman Rd Griffin, Bernice 0 Grimsley, Lasonja T Fort Pierce, FL 34947-3404 8260 8th St 618 Dundas Ct Vera Beach, FL 32968-9617 Fort Pierce, FL 34950-3118 240780100420000 241722200060000 241842100100005 Guadarrama, Benita Guettler, Jeffrey M Guettler, Peter F Serrano, Bertha Guettler, Carol M Guettler, Faye A 304 Deerwood Ln 818 Hartman Rd 4401 White Way Dairy Rd Fort Pierce, FL 34947-3430 Fort Pierce, FL 34947-4402 Fort Pierce, FL 34947-4407 '-' ..., 240780100070003 240780100190000 240780100290003 Hart, Roderick G Hayes, Richard A Hayes, Robert I Hart, Tonya R Hayes, Colleen S Hayes, Carol 0 1440 N Lawnwood Cir 87 Pinewood Lri 201 Rosewood Dr Fort Pierce, FL 34950 Fort Pierce, FL 34947 Fort Pierce, FL 34947-3423 241841200020008 240780100280006 240780100120001 Hazellief, Irvin Hester, John W Hinkle, Richard L %Gary Hazelief 204 Sandalwood Dr Hinkle, Debra S 4305 Whiteway Dairy Rd Fort Pierce, FL 34947 91 Sandalwood Dr Fort Pierce, FL 34947 Fort Pierce, FL 34947-3425 240780100210007 240731200040001 240780100270009 Humphreys, Christopher Iola Y Bergen Revocable Trust Johnson, Sandra K Humphreys, Darlene 4725 N Palma Cir N 3306 Sunrise Blv 88 Pinewood Ln West Palm Beach, FL 33415-7445 Fort Pierce, FL 34982 Fort Pierce, FL 34947-3428 240780100400006 241722200050003 240741200020004 Johnson, Anthony Johnson, Odell Kel-Jo Enterprises Inc, Johnson, Patrice M Johnson, Hattie M 4301 Orange Ave 308 Deer Wood Ln 263 Columbia Ave Fort Pierce, FL 34947-3420 Fort Pierce, FL 34947 Rochester, NY 14608-2604 241841200010001 240780100390006 240780100130008 Kitzi, Mary Knappman (TR), John W Kuchta, Linda M 4301 White Way Dairy Rd Knappman (TR), Tanya M Kuchta, Richard A Fort Pierce, FL 34947-4419 975 Oak St 89 Sandalwood Dr Merritt Island, FL 32953 Fort Pierce, FL 34947-3425 240780100520003 240780100260002 240780100050009 Lange, James E Laviolette, Pierre McGee, Rue L Lange, Lita K 84 Pinewood Ln McGee, Diane M 306 Rosewood Dr Fort Pierce, FL 34947-3428 201 Sandalwood Dr Fort Pierce, FL 34947-3424 Fort Pierce, FL 34947-3452 241814100040001 241821200010007 241814100050008 Meany, Carolyn A Merritt, James A Messina, Frank A 1201 Hartman Rd 5125 Peterson Rd Messina, Carmela B Fort Pierce, FL 34947-4418 Fort Pierce, FL 34947-1312 601 S Ocean Dr Fort Pierce, FL 34949 240780100460008 241824200010000 240780100040002 Minor, Randall L Mishoe, Connie C Mitola, Karen E % First Amer Title Insur Co 1605 Cody Ln 205 Sandalwood Dr 109 North Second St Fort Pierce, FL 34945-1120 Fort Pierce, FL 34947-3452 Fort Pierce, FL 34947 240731200090109 241723300010009 240780100150002 Myers, Richard L Noelke, Margaret J O'Brien, Victoria L Myers, Paula D 1300 Hartman Rd 85 Sandalwood Dr 162 U Vista Ct Fort Pierce, FL 34947-4406 Fort Pierce, FL 34947 -3425 Fort Pierce, FL 34947-1317 240731200080009 240780100 n 0004 241814100030004 Paget, Jane Parrott, Sara J Permuy, Benito M 184 U Vista Ct 1198 Dunbrooke Ln Permuy, Cynthia L Fort Pierce, FL 34947-1317 Dunwoody, GA 30338-3224 1105 Hartman Rd Fort Pierce, FL 34947-4403 240780100140005 ~ ~24172220oo30oo9 240731200080102 Peterkin, Darrick Porter, Christopher Potter, Bruce Peterkin, Angela 115 U Vista Ct Potter, Carolyn 3824 Banyan Grove Ln #101 Fort Pierce, FL 34947-1318 810 Hartman Rd Virginia Beach. V A 23462 Fort Pierce, FL 34947-4402 240780100160009 240780100320007 241760300030008 Purkiss, Vaughn Ready, LamQnte R Richardson, John J Purkiss, Lorene 215 Deerwoòd Ln Richardson, Marjo 88 Sandalwood Dr Fort Pierce, FL 34947 807 S 40 Ct Fort Pierce, FL 34947 Fort Pierce, FL 34947 240731200170005 240780100100007 241822100010005 Robertson, Darren Robinson, George Ru-Mar Inc, Robertson, Alana 103 Sandalwood Dr Carlton (EST), Reuben W 139 U Vista Ct Fort Pierce, FL 34947-3425 Carlton, Anne H Fort Pierce, FL 34947-1318 160 Lamont Rd Fort Pierce, FL 34947-1538 240780100060006 240780100470005 241814100010000 Slater, Darin T Slater. Edwãtd W Spikes, Richard Pryor, Nicole L Slater, Judy L Spikes, Angela III Sandalwood Dr 305 Rosewood Dr 1101 Hartman Rd Fort Pierce, FL 34947-3425 Fort Pierce, FL 34947-3453 Fort Pierce, FL 34947-4514 240713100030009 240741300050008 240780100430007 Stamm Jr, John H Stuart, Harry A Tela, Frances J PO Box 514 Stuart, Jerri H 4673 Rio Poco Ct Fort Pierce, FL 34954-0514 1720 Cody Ln Naples, FL 34109 Fort Pierce, FL 34945-4119 240780100200000 240780100330004 240780100360005 Thomas, Todd E Thomas, Michael J Tierney III, John S Thomas, Debra S Thomas, Cynthia Tierney, Teresa 89 Pinewood Ln 216 Deerwood Ln 303 Deerwood Ln Fort Pierce, FL 34947-3427 Fort Pierce, FL 34947 Fort Pierèe, FL 34947-3429 240724400010002 240731200020007 240731200010000 Turner (TR)(EST), Esther N Uhl, William H Uhl, William H %David Turner 5000 Orange Ave Uhl, Elizabeth M 4301 Redwood Dr Fort Pierce, FL 34947 5115 Orange Ave Fort Pierce, FL 34951 Fort Pierce. FL 34947-1305 240731200050008 241823400010005 241760200010001 Vaandering, Edward Vanderlugt. Mary Veal, Jacklyn M 3967 Carambola Cir 1009 S Header Canal Rd 4001 Melissa Ter Coconut Creek, FL 33066 Fort Pierce, FL 34945-4604 Fort Pierce, FL 34947-6332 240780100480002 241722200040006 240780100620006 Walker, Steve Webb, BobbyH Wheeler,Ondrey Walker, Regenia Webb, Joan ~ 200 Rosewood Dr 307 Rosewood Dr 812 Hartman Rd Fort Pierce, FL 34950 Ft. Pierce, FL 34947 Fort Pierce, FL 34947-4402 240780100450001 240780100300003 241723200010006 Whisner, Rose T Whisner Jr, Kenneth E Wilhoite, Cindy L Whisner Sr, Kenneth E Whisner, Deanna J 1100 Hartman Rd 298 Deerwood Ln 210 Deerwood Ln Fort Pierce, FL 3494 7 ~4404 Fort Pierce, FL 34947-3430 Fort Pierce, FL 34947-3430 240780100410003 Willems, Don Willems, Joan 701 Hartman Rd Ft Pierce, FL 34947-3403 '-'241760300020001 Willems, Theodore N Willems, Shirley A 805 S 40th Ct Fort Pierce, FL 34947-6322 ~240780100370002 Williams, Stacey Williams, Teresa A 3105 Tropic Blvd Fort Pierce, FL 34946 '-" ..."", CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS·' 7.00.00 GENERAL PROVISIONS 7.00.01 PURPOSE The purpose of this Chapter is to provide development design and improvement standards applicable to development activity in the unincorporated area of the County. 7.01.00 PLANNED UNIT DEVELOPMENT 7.01.01 PURPOSE The Planned Unit Development (PUD) District is intended to achieve residential land development of superior quality through the encouragement of flexibility and creativity in design options that: A. permit creative approaches to the development of residential land reflecting changes in the technology of land development; B. allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower d.evelopment cDsts; C. allow design options that encourage an environment of stable character, compatible with surrounding land uses; and D. permit the enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities, and the provision of recreation areas and open space. 7.01.02 AUTHORIZED USES A. PERMITTED USES Any permitted. conditiQnal or accessory use in the Agricultural-1 (AG-1); Agricultural-2.5 (AG-2.5); Agricultural-5 (AG-5); Residential/Conservation in the Agricultural-1 (AG-1 ); Agricultural-2.5 (AG-2.5); Agricultural-5 (AG-5); Residential/Conservation (RC); Residential, Estate-1 (RE-1); Residential, Estate-2 (RE-2); Residential, Single-Family-2 (RS-2); Residential, Single-Family-3 (RS-3); Residential, Single-Famify-4 (RS-4);Residential, Multiple-Family-5 (RM-5); Residential, Mobife Home- 5 (RMH-5); Residential, Multiple-Family-7 (RM-7); Residential, Multiple-Family-9 (RM-9); Residential, Multiple-Family-11 (RM-11); and Residential, Multiple-Family-1 5 (RM-15) zoning districts of this Code may be permitted in a Planned Unit Development District subject to complying with the residential densities described in Section 7.01.03(B). Adopted August 1, 1990 375 Revised Through 06/01100 '-' ...., Section 7.01.00 Planned Unit Development B. NONRESIDENTIAL DEVELOPMENT USES Uses of the types permitted in the Commercial, Neighborhood (CN) District are also permitted up to an amount not to exceed three (3) percent of the gross area of the Planned Unit Development or ten (10) acres, whichever is less. In addition, playgrounds, public and non-public parks, golf courses, country clubs, bicycle paths, racquet sports facilities, riding stables, marinas. clubhouses, and lodges may be permitted in a Planned Unit Development District. 7.01.03 STANDARDS AND REQUIREMENTS Standards and requirements for a Planned Unit Development shall be as follows: A. MINIMUM SIZE A Planned Unit Development shall be a minimum of five (5) contiguous acres of land under common ownership or control. B. DENSITY The maximum possible permitted density of a Planned Unit Development shall not exceed the density reflected in the Future Land Use Maps of the Comprehensive Plan. On North and South Hutchinson Island, the provisions of Section 3.01.03(AA)(8) shall govern. C. AREA, YARD, AND HEJGHT REQUIREMENTS . . Area, yard, and height requirements shall be determined at the time of Preliminary and Final Development Plan approval, except that for any structure on North or South Hutchinson Island that has not been occupied, constructed, or has not received a building permit, site plan or other County development approval asa permitted use prior to January 10, 1995 the requirements of Section 4.01.00, Hutchinson Island - Building Height Overlay Zone shall apply. D. PUBLIC FACILITIES 1. The Planned Unit Development shall be desIgned and located so there will be no net public cost for the provision of water lines, sewage lines, storm and surface drainage systems, and other utility systems. 2. The minimum size of all water mains used, or intended for use, in fire protection activities is six (6") inches. Actual water main requirements will be determined by the St. Lucie County- Ft. Pierce Fire Prevention Bureau. 3. The minimum size of all water mains used, or intended for use, in tire protection activities, that are located on a dead-end water main is eight (8") inches. Actual water main requirements will be determined by the St. Lucie County-Ft. Pierce FirePrevention Bureau. Adopted August 1. 1990 376 Revised Through 08/01/00 -- - ~ .., Section 7.01.00 Planned Unit Development The maximum number of fire hydrants that may be located on any. dead end water main is one (1). 4. Fire hydrants shall be provided at a minimum spacing of one every six hundred (600) feet unless otherwise approved by the St. Lucie County-Ft. Pierce Fire Prevention Bureau. E. TRAFFIC AND PEDESTRIAN CIRCULATION 1. ,Every dwelling unit, or other use permitted in the Planned Unit Development shall have access to a public street either directly or through an approved private róad, a pedestrian way, or other area dedicated to public or private use. 2. Principal vehicular access points shall be designed to permit smooth traffiè flow with controlled turning movement and minimum hazards to vehicular or pedestrian traffic. Minor streets within the Planned Unit Development shall not be connected to streets outside the development so as to encourage their use by through traffic. 3. The proposed Planned Unit Development shall be designed so that it will not create traffic congestion on the arterial and collector roads surrounding the project. or such surrounding collector or arterial roads shall be improved so that they will not be adversely affected. 4. All non-residential land uses within the Planned Unit Development shall have direct access to a collector or arterial street without creating traffic hazards or congestion on any street. 5. . Streets in a P1aAned Unit Development mày~be- dedicated to public use or retained under private ownership. Said streets and associated improvements shall comply with all pertinent County regulations and ordinances, however, variations to the standard minimum right-of- way widths may be considered as part of the Planned Unit Development if it is shown to the satisfaction of the Board of County Commissioners, that the requested variation is consistent with the intent of the County's roadway construction standards and necessary for the design of the Planned Unit Development. 6. All roads and streets shall intersect at an approximate ±5° angle of ninety degrees (90°) unless circumstances acceptable to St. Lucie County indicate a need for a lesser angle of intersection. 7. Street jogs or centerline offsets between any local street or road with another local street or road, shall be no less than one hundred fifty feet (150). 8. The intersection of any two local roads or streets with a Major Collector or Arterial Roadway shall be separated by a minimum distance of six hundred sixty feet (660), as measured from centerline to centerline. 9. Permanent dead-end streets shall not exceed one thousand feet (1000) in length. Cur-de-sacs shall be provided at the end of all dead end roads or streets greater than five Adopted August 1,1990 377 Revised Through 08/01/00 .-- '-' ..." Section 7.01.00 Planned Unit Development hundred and one (501) feet in length. The length of a dead-end street shall be measured along the centerline of the street from the its point of perpendicular intersection with the centerline of intersecting street to the end of the dead-end street or roadway. All cul-de-sacs shall have a minimum right-of-way diameter of one hundred (100) feet. If the dead end roadway is five hundred (500) feet or less in length, a ''Y'' or 'T' type of turn around may be approved. If a dead end street is temporary in nature then a temporary cul-de-sac shall be required until the roadway is connected to another street or road. In the center of the cul-de-sac an unpaved island, surrounded by a curb, improved with grass and landscaping that will not interfere with sight distance, may be provided. Center islands shall have a diameter of noUess than seventeen (17) feet, unless otherwise approved through the review of the Planned Unit Development. 10. All roadways, exclusive of interior parking and access aisles areas, regardless of ownership, shall be located a minimum of ten (10) feet from any exterior building walls, except for security gate houses or similar security structures located in a private street or road right-of- way. 11 . Any pedestrian circulation system and its related walkways shall be insulated from the vehicular street system. This shall include, when deemed to be necessary by the Board of County Com(Tlissioners, pedestrian underpasses or overpqsses in tf1e vicinity of playgrounds andóther recreation areas, local' shopping areas, and'other neighbOfhood uses which generate a considerable amount of pedestrian traffic. 12. Access'points on all collector or arterial streets serving a Planned Unit Development shall be located and spaced so that traffic moving into and out of the arterial streets do not cause traffic congestion. F. PARKING AND LOADING 1 . General Provisions a. The number, type, and ,location of parking spaces shall be determined at the time of final Planned Unit Development plan approval. The determination of the number of spaces required shall be based on Section 7.06.01 (F) of this Code. The number of parking spaces required by this section may be reduced based on substantial competent evidence that the reduced number of spaces is adequatß for the proposed use or that parking may be shared by proximate uses that operate at different times or on different days. b. Reserved parking spaces may be provided, in lieu of paved spaces, subject to Section 7.06.02(C) of this Code. Adopted August 1. 1990 378 Revised Through DB/D1/DD -------- -- -- '-' ....., Section 7.01.00 Planned Unit Development 2. Off Street Parking and Loading Off-street parking and loading requirements are governed by Sections 7.06.02 and 7.06.03 of this èode. and the following standards: a. Off-street parking and loading areas shall be designed to provide travelways between adjacent uses while discouraging through traffic. b. Off-street parking and loading areas shall be screened from adjacent roads and pedestrian walkways with hedges, dense planting, or changes in grades or walls. 3. On Street Parking In Planned Unit Developments, on street parking may be used so long as the road on which the on-street parking is proposed lies entirely within the limits of the defined Planned Unit Development and such parking would not contravene any other provision of this Code or the S1. Lucie County Code of Ordinances. Where such on street parking and loading is used, it shall be consistent with the following design standards: a. The minimum size of a parking stall shall be as follows: parallel angled handicapped{parallel) håndicapped(angled) 8 feet . X 23 feet 10 feet X 18 feet 12 feet X 23 feet 12 feet· X 18 feet b. Handicapped parking spaces shall be appropriately marked. c. Access for emergency fire vehicles shall be in accordance with NFPA standards. d. No more than fifteen.(15) parking spaces shall be permitted in a continuous row without being interrupted by a minimum landscape area of 360 square feet. G. LIGHTING All lighting facilities shall be arranged in such a manner SD as to prevent direct glare or hazardous interference of any kind to adjoining streets or properties. H. LANDSCAPING AND NATURAL FEATURES 1 . Native trees and vegetation and other natural features shall be preserved to the extent practicable. 2. All sensitive environmental vegetation, trees and areas shall be preserved to the extent practicable. Adopted August 1, 1990 379 Revised Through 08/01/00 '-' ....., Sectiòn 7.01.00 Planned Unit Development 3. Landscaping for off-street parking and loading areas shall meet the minimum requirements of Section 7.09.00. I. OPEN SPACE STANDARDS 1. A minimum of thirty-five (35) percent of the gross area of land to be committed to a Planned Unit Development must be for use as common open space, which may include, parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common open space, common landscaping and planting areas, or other areaS' of public purposee or use other than street, road or drainage rights-of-way, above ground utilities, excluding stormwater treatment facilities, and parking areas. A minimum of 15 percent of any existing native upland habitat on the property, must be preserved in its natural condition as part of the required 35 percent common open space, For each acre of preserved native habitat ¡;¡bove the required minimum 15 percent that is preserved in its originalstate, credit shall be given at a rate of 150 percent per acre towards the remaining common open space requirement. All areas to be dedicated for common open space shall be identified as part of the Preliminary Development Plan for the Planned Unit Development. Areas that are fJoodways, lakes, wetlands, and stormwater retention areas may be applied to satisfy the total common open space requirement, subject to the requirement that 15% of any existing native habitat on the property must be included as part of the required 35% common open space. As part of the Final Planned Unit Development submission process, the developer or petitioner for the Planned Unit Development shall provide for one. of the following: a. The advance dedication of all common open space to a public, or acceptable private, agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. All such dedications or conveyances shall be completed prior to the issuance of any building permits, including land clearing, for any portion of the Planned Unit Development ;or, b. A phased conveyance of the land to a public or acceptable private agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. The schedule for the phased conveyance of any such lands to be used for common open space shall be a specific condition of approval for the Planned. Unit Development. 2. No parcel of land identified for use as a park or common open space shall be less than one (1) contiguous acre, and all such areas shall be physically part of the Planned Unit Devel- opment. 3. Areas provided or reserved to meet any other environmental preservation or protection requiremente of this code or other lawful regulatory authority may be counted towards the overall common open space requirement, provided that the common open space meets the. Adopted August 1, 1990 380 Revised Through 08/01/00 w -..",I Section 7.01.00 Planned Unit Development requirements of this Code. J. SETBACKS FROM AGRICULTURAL LAND Planned Unit Developments adjacent to land used for agricultural purposes, or designated for agricultural use on the Future Land Use Map of the St. Lucie County Comprehensive Plan, shall provide setbacks from the agricultural land sufficient to protect the function and operation of those uses from the encroachment of Urban activities or uses. K. PHASING 1. A Plànned Unit Development may be developed in more than one stage or phase. 2. If a Final Development Site Plan approved by the Board of County Commissioners is to be developed in stages or phases, each successive phase shall be constructed and developed' in a reasonably continuous fashion. No more than two (2) years shall elapse between the completion of any stage or phase, and the final stage or phase shall be completed within ten (10) years of the date of Final Development Site Plan approval. Extensions of the above requirements are subject to approval by the Board of County Commissioners. Unless otherwise amended by the Board of County Commissioners through the Final Development Site Plan review process, the following sequence of development must be adhered to: a. One or more major recreation facilities and other major amenities, planned to serve the entire development, shall be completed or adequate security posted prior to the . issuance of building or mobilê home permits qf more t~an forty' (40) percent, or other percentage as determined by the Board to be appropriate based on circumstances that includ~ the size of the project and the proposed phasing schedule, of the total number of authorized dwelling units. Recreation facilities or facilities and other amenities planned to serve one (1) phase of a multi-phased development shall be completed or appropriate security posted prior to issuance of building or mobile home permits or the recording of any final plat within that phase. b. No commercial facility shall be permitted prior to the completion of at least forty (40) percent of the total number of authorized dwelling units; and, c. For Planned Unit Developments to be constructed in stages or phases, the net density of an individual stage or phase may vary from the appmved Final Site Plan subject to the requirements in Section 11.02.05. Adopted August 1, 1990 381 Revised Through OB/01/00 Petition~Z-04-004 & PU[J!ù4-003 Lennar Homes, Inc. for a Change in Zoning from RS-3, CG and IL to PUD bG¡CG~ CG 111 IH O~IL IlL IL CG I CG_IÞ~~ r-r. ccl~s~ ( G -lj( r CG CG CG - S 3 CG CG rcGl IL I~ ~S >-/m~} AS-3 RiR S3 -3 '/ AS-3 AS;:;-:: - ><,ç - -R; =3'" AS-3 AS-3 - - I ~ AS-3 >, S- AS-3 IL - I >\c - AS-3 - - A '-"AS-3 ~-~ ¡::)( /?', 'í,'> :< ~ AS-3 I ,>;> ";'< :< ,» x, y. AS-3 AS-3 / )/ ,,'x;,' x:' ',",2.> <: ..R= e--. S-3 >~)( " . ~-~ AS-3. AS-3 >v ') '<>" ",/ >-- AS-3 ~- /,;;,<, '/', ;, " ill - AS- '0» )( «<:>;< >,/ ó', " "" -- y ,-- - Ash AS-3 . >< ';">i;< ~»>/)3(':~,>,~,>':<>< ,/ - i--i-- _ ,'<,,' ></' L e: '~;?'»',?,,» :<:> i-- i-- _ FSFl y' '/< i-- i-- _ ,<, >'.' >/ ., , . ,<::~/», v-K- AS-3 /. . ,>.. ,;\/ / ;<, ,'-'., > '" ',; ..> /<. :::< AS-3 AS-3 " :0~;, >,' " <",:" ,x,' :'"':,, ','><, > <, ''< ,; ;:~< ><, )'- '. 7,."" ' .,. ", .. ,,'\? x; » >' .'. c.,<, r " . ' AS-3 AS-3 S-:( ~~ I~-" AS-3 )( < _ .J .'., , .", ',,, ',. " "", -'.' >.,.. '>, '.,:'./', , . ."," "/,:',/ .. '/" '.,' , '0//., ><,'x .' ,>, >', ,'\, .,> /" J I AS-3 "";'y ~ I AS-3 , ,>, y ( r- R~_b A Š~ AS-3 ;Is 3 AM-S nv' A4~ \\ AM SAM-S . r AM-S N W+E S '-' .'wI BOARD OF COUNTY COMMISSIONERS ··"?'~'·=r'··'·.<··~''''eJ·'·';Yt:'' ",.,.,...1::.... "."""."">'.:",". ""..""" Cou NTY '~ F lOR I D A - 0_, COMMUNITY DEVELOPMENT DIRECTOR October 11, 2004 In accordance with the 5t. Lucie County Land Development Code, you are hereby .advised that Lennar Homes, Inc., has petitioned S1. Lucie County for a Change in Zoning from the RS-3 (Residential, Single- Family - 3 dulacre), CG (Commercial, General), and II.. (Industrial, Light) Zoning Districts to the PUD (Planned Unit Development - Bent Creek) Zoning District for the following described property Location: Northwest corner of the intersection of Peterson Road and Hartman Road. THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The fIrst public hearing on the petition will be held oJ 6:00 P.M., or as soon thereafter as possible, on October 21, 2004, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Planning and Zoning Commission at least 3 days prior to a scheduled hearing. County policy discourages communication with individual Planning and Zoning Commission and County Commission on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the Planning and Zoning Commission are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he 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 bècomes 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 Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call (772) 462-1960 if you have any questions, and refer to: File Number: PUD-04-003. Sincerely; ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION ~ ,^^-<"~ I ~ Carson McCurdy, Chainnan 0 JOHN D. ßRUHN, District NO.1· DOUG COWARD. District No..2 . PAULA A. LEWIS. District No. J . mANNIE HUTCHINSON. District No.4. CLIFF ßARNES. District NO.5 County Administrotor - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce. FL 34982-5652 Administration: (772) 462-1590 · Planning: (772) 462-2822 · GISlfechnical SeNices: (772) 462-1553 Economic Development: (772) 462-1550 · Fax: (772)462-1581 Tourist/Convention: (772) 462-1529 · Fax: (772) 462-2132 www.co.st-Iucie.fl.us - ~ '-' ~ . ....,.¡ ITEM NO. SE Agenda Request Date: 01/18/05 Consent Regular Public Hearing Leg. [ ] [ ] [ ] [ X ] Quasi-J D [ X ] To: Submitted By: Board of County Commissioners Growth Management Presented By ~G Growth Management Director Consider Draft Resolution 05-008 granting Preliminary and Final Planned Unit Development Approval and a Change in Zoning from the RS-3 (Residential, Single- Family - 3 du/acre) and RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning Districts to the PUD (Planned Unit Development - Celebration Pointe) Zoning District for the project to be known as Celebration Pointe - PUD, for property located at the southwest corner of the intersection of North Jenkins Road and Peterson Road. SUBJECT: BACKGROUND: The petitioner, United Homes International, Inc., has requested Preliminary and Final Planned Unit Development Approval and a Change in Zoning from the RS-3 (Residential, Single-Family - 3 du/acre) and RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning Districts to the PUD (Planned Unit Development - Celebration Pointe) Zoning District on property located at the southwest corner of the intersection of North Jenkins Road and Peterson Road to allow for the development of a 755 residential unit project consisting of 318 single-family residential lots, 292 single story villas, and 145 two-story townhouses FUNDS AVAILABLE: N/A PREVIOUS ACTION: At the November 18, 2004, meeting the St. Lucie County Planning and Zoning Commission, by a vote of 6 to 1 (Mr. Hearn) with two members (Mr. Trias and Ms. Morgan) absent, recommended approval of the requested Preliminary and Final Planned Unit Development Approval and a Change in Zoning to the PUD (Planned Unit Development - Celebration Pointe) Zoning District. RECOMMENDATION: Staff recommends approval of Draft Resolution 05-008 approving Preliminary and Final Planned Unit Development Approval and a Change in Zoning from the RS-3 (Residential, Single-Family - 3 du/acre) and RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning Districts to the PUD (Planned Unit Development - Celebration Pointe) Zoning District and the conditions contained therein. -.-- CURRENCE: COMMISSION ACTION: 00 APPROVED c:=J OTHER Approved 5-0 n DENIED Douglas M. Anderson County Administrator County Attorney Originating Dept.: Finance: ~. Coordination! Signatures Mgt. & Budget: ~ Other: Purchasing: Other: Motion to approve Resolution No. 05-008, to include the additional requests made and obligations the Board asked from the developer regarding Swain and Peterson Roads having minimum standards in place for not only the roadway but also for the pedestrian system (reflecting the agreement where the developer stated they would financially contribute to Peterson Road and at the minimum, the construction for Peterson and Swain would not only be the roadway, but the pedestrian system also). '-' ..- 'WI Commission Review: January 18, 2005 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Growth Management Director DATE: January 12, 2005 SUBJECT: Application of United Homes International, Inc., for Preliminary and Final Planned Unit Development Approval, and a Change in Zoning from the RS-3 (Residential, Single-Family - 3 du/acre) and RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning Districts to the PUD (Planned Unit Development - Celebration Pointe) Zoning District. LOCATION: Southeast corner of the intersection of North Jenkins Road and Peterson Road. EXISTING ZONING: RS-3 (Residential, Single-Family - 3 du/acre) and RM-5 (Residential, Multiple-Family - 5 du/acre) PROPOSED ZONING: PUD (Planned Unit Development - Celebration Pointe) CURRENT FUTURE LAND USE: RM (Residential Medium) PARCEL SIZE: 147.14 acres PROPOSED USE: Total of 755 dwelling units: 318 single-family residential lots; 292 single story villas; and, 145 two-story townhouses PROPOSED DENSITY: 5.12 dwelling units per acre SURROUNDING ZONING: RS-3 (Residential, Single-Family - 3 du/acre) to the north and east. RM-5 (Residential, Multiple-Family - 5 du/acre) to the south and east. AR-1 (Agricultural, Residential - 1 du/acre) to the west. SURROUNDING LAND USES: The general existing land uses surrounding the property are residential, some agricultural, and vacant. Bent Creek, a proposed 722-lot single-family residential development is located to the east and northeast of the subject property. Borland SID is a proposed 6-lot single-family residential '-ø; ...,¡ January 12, 2004 Page 2 Subject: United Homes International, Inc. File No.: RZ-04-015/PUD-04-016 development located to the north and east of the subject property. Whispering Oaks - PUD is a proposed 376 unit residential development comprised of 128 single-family lots and 248 multiple-family units. The Future Land Use Classification of the surrounding area is RM (Residential Medium). FIRE/EMS PROTECTION: Station #7 (4900 Ft. Pierce Boulevard), is located approximately 4.5 miles to the east. UTILITY SERVICE: The subject property is in the Ft. Pierce Utilities Authority service area. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for Jenkins Road is 80 feet. The applicant is donating an additional 20 feet of right-of- way along the western boundary of the subject property. The existing right-of-way width for White Way Dairy Road is 30 feet. The existing right-of-way width for Swain Road is 50 feet. SCHEDULED IMPROVEMENTS: None at this time. Jenkins Road is proposed for widening in the future. An application to abandon White Way Dairy Road has been proposed, but has not been submitted to St. Lucie County. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity. ************************************************************************* STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed change in zoning and petition for Preliminary and Final Planned Unit Development is consistent with the St. Lucie County Land Development Code. If the subject property were to be developed at the maximum density allowable by the Future Land Use Classification of RM (Residential Medium) - 9 '-' ....., January 12, 2004 Page 3 Subject: United Homes International, Inc. File No.: RZ-04-015/PUD-04-016 dwelling units per acre of the subject property, 1,324 units might be possible. The site plan that is submitted as a part of this rezoning to PUD is consistent with the provisions of the Land Development Code. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed Celebration Pointe - PUD is consistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County. Policy 1.1.1.1 of the St. Lucie County Comprehensive Plan establishes maximum residential densities of RM (Residential Medium) - 9 dwelling units per acre. The proposed project is to be developed with a maximum residential density of 5.12 units per acre; therefore, the proposed project is consistent with this policy. Policy 8.1.3.1 of the Conservation Element states that the County's land development regulations shall include the use of programs to protect or maintain the floodplain and shall continue to strictly enforce regulations that direct development away from the floodplains and provide upland buffers along the floodplain. The proposed project has clustered residences away from the floodplain and onto the upland portions of the site. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed change in zoning to PUD for the purpose of allowing the construction of a single-family residential development is consistent with the proposed land uses in the area. The gross density of the proposed PUD development is 5.12 du/acre, which is consistent with the proposed future land use designation of the subject property. 4. Whether there have been changed conditions that require an amendment; There have not been changes that would require an amendment. The petitioned parcel is designated with a Future Land Use Classification of RM (Residential Medium) - 9 dwelling units per acre. The site is located within the Urban Service Boundary of St. Lucie County. Water and sewer services would be provided by the Ft. Pierce Utilities Authority. 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; The proposed site plan, which is tied to this rezoning is not expected to create additional demands on any public facilities in this area. The subject property is ~ ....,¡ January 12, 2004 Page 4 Subject: United Homes International, Inc. File No.: RZ-04-015/PUD-04-016 6. located within the Urban Service Boundary of St. Lucie County. Water and sewer service is planned to be provided by the Ft. Pierce Utility Authority. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed change in zoning and development of this site as a residential planned unit development is not expected to result in any negative environmental impact. As part of the planned unit development review process an environmental impact report has been submitted for review. The 148 acre property is currently characterized as improved pasture located on the site of a former citrus grove. All native upland habitat was removed many years ago. Staff will be recommending to the Board of County Commissioners that as a condition of approval, the applicant receive approval of their Environmental Resource Permit (ERP) currently under review by the South Florida Water Management District (SFWMD) and Army Corps of Engineers (ACOE). Six depressional wetland areas, totaling 2.96 acres, were identified on the property, all of which have been hydrated directly by the uncontrolled flow from an artesian well or indirectly as the result of saturation of adjacent soils from a flowing well. As part of the Environmental Resource Permit issued by SFWMD, it will be required that the artesian wells be properly plugged and abandoned. Given the minimal wetland values and functions provided by these wetlands and the inevitable loss of the wetlands from plugging of the wells (whether the project proceeds or not), and the benefits to the regional surface and groundwater resources from elimination of artesian flow, these wetlands do not represent a significant cumulative impact within the drainage basin. Mitigation, which will be satisfied by way of the purchase of 1.67 credits at the Bluefield Ranch Mitigation Bank, will be required for the two wetlands on site that were considered jurisdictional by the SFWMD. Mitigation of 1.11 credits at the Bluefield Ranch Mitigation Bank will be required for all six wetlands as they all qualified to be identified as jurisdictional wetlands by the ACOE. As stated, no native upland habitats exist on the site, however, scattered laurel oaks and cabbage palms that meet the minimum mitigation threshold required in the Vegetation Protection section of the Land Development Code exist. Twenty- three trees totaling 601 inches and 102 Cabbage Palms will be preserved. Eight trees totaling 121 inches and 168 Cabbage Palms will be removed from the project. Trees identified for preservation will be protected throughout the construction process by safety fencing to be placed at the driplines of the protected trees. A landscape buffer, measuring a minimum of twenty feet wide, will surround the entire perimeter of the project and be planted with 774 shade trees, 29 flowering trees, and 49 palms. And finally, per Conservation Policy 8.1.2.5 of the St. Lucie County Comprehensive Plan, a vegetated and functional littoral zone shall be established as part of the surface water management system of upland water bodies occurring on the development. '-" ....,¡ January 12, 2004 Page 5 Subject: United Homes International, Inc. File No.: RZ-04-015/PUD-04-016 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; An orderly and logical development pattern will result with this change in zoning. The subject property is within the Urban Service Boundary of St. Lucie County and adequate facilities to service the proposed project are available. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment is not in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The applicant, United Homes International, Inc., is proposing a residential development totaling 755 dwelling units. Single-family lots comprise 318 units, single-story villas comprise 292 units, and two-story townhouses comprise 145 units. This project is to be known as Celebration Pointe - PUD. As a Planned Unit Development, the applicant may propose the clustering of residential units away from environmentally sensitive areas of the property. Section 7.01.03(1) of the St. Lucie County Land Development Code requires that 35% of the site must consist of open space, a minimum of 15% of which must be native upland habitat preserved in its natural condition. There is no native upland habitat remaining on the parcel. The proposed planned development maintains 36.35% (53.50 acres) of the project area in total open space - 31.62 in landscape area/open space/recreation space and 21.88 acres in lakes. The remainder of the project consists of those areas designated for residential development (buildings, roadway, driveways, and sidewalks). Adjacent property owners have proposed abandoning White Way Dairy Road, which intersects with Swain Road. At the writing of this report, an application for abandonment had not been submitted. The applicant is proposing to improve Swain Road, a 50-foot wide right-of-way, with a curb and gutter section of roadway. Discussions have also taken place with Lennar Homes, developer of Bent Creek, and the applicant about the possibility of donating additional right-of- way along the western property line of the Bent Creek project in order to continue Swain Road to the north to connect with Peterson Road for future access. In the meantime, the applicant has proposed allowing the six adjacent property owners to have legal access to Jenkins Road through their development. The roadways in Celebration Pointe are proposed to remain private, but no gates are planned, which would impede traffic through the development. At the November 18, 2004, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 6 to 1 (Mr. Hearn) with two members (Mr. Trias and Ms. Morgan) absent, recommended approval of the requested change in zoning to the PUD (Planned Unit Development - Celebration Pointe) Zoning District. ..... -.......- ----~-- '-' ~ January 12, 2004 Page 6 Subject: United Homes International, Inc. File No.: RZ-04-015/PUD-04-016 Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that the Board approve the petition for preliminary and final planned development site plan approval for the project to be known as Celebration Pointe - PUD (Planned Unit Development). Attached is a copy of Draft Resolution 05-008, which, if approved, would grant preliminary and final planned development site plan approval and a change in zoning from the RS-3 (Residential, Single-Family - 3 du/acre) and RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning Districts to the PUD (Planned Unit Development - Celebration Pointe) Zoning District, subject to the following conditions: 1. No two adjoining homes shall have the same front architectural elevation. 2. Prior to Final Plat approval for this project, the developers, their successors and assigns, shall have entered into an enforceable utility service agreement with Ft. Pierce Utilities Authority to ensure the provision of water and sewer services. This agreement shall be in a form consistent with Ft. Pierce Utilities Authority regulations regarding utility service extensions and service provisions. 3. The irrigation system within this project shall be designed to accept reuse water from the Ft. Pierce Utilities Authority as the preferred method of irrigation. 4. Prior to the issuance of any land clearing permits for the Celebration Pointe development, the developers shall clearly delineate all areas to be preserved and/or protected. Delineation shall be either the placing of silt fencing, safety fencing or similar type of materials. Flagging shall not be used except as a guide for the installation of the fencing materials. All land clearing activities shall be in accordance to the specific conditions/standards outlined in the Land Clearing Permit. Please let me know if you have any questions. SUBMITTED: Edward Cox Growth Management Director hf cc: Gregory L. Boggs, ASLA File '-' ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION 05-008 FILE NO.: RZ-04-o15/PUD-04-016 A RESOLUTION GRANTING PRELIMINARY AND FINAL PLANNED DEVELOPMENT SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS CELEBRATION POINTE - A PLANNED UNIT DEVELOPMENT, AND A CHANGE IN ZONING FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: CHANGE IN ZONING 1. United Homes International. Inc.. presented a petition for a change in zoning from the RS- 3 (Residential, Single-Family - 3 du/acre) and RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning Districts to the PUD (Planned Unit Development - Celebration Pointe) Zoning District for certain property in St. Lucie County, Florida depicted on the attached maps as Exhibit "A" and described in Part "B" below. 2. On November 18, 2004, the St. Lucie County Planning and Zoning Commission held a public hearing, of which due notice was published and mailed to all property owners within 500 feet at least 10 days prior to the hearing and recommended to this Board that the requested change in zoning from the RS-3 (Residential, Single-Family - 3 du/acre) and RM-5 (Residential, Multiple-Family- 5 du/acre) Zoning Districts to the PUD (Planned Unit Development - Celebration Pointe) Zoning District be granted. 3. On January 18, 2005, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property and granted final approval to the property described below. 4. The proposed change in zoning is consistent with the St. Lucie County Comprehensive Plan and meets the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. SITE PLAN 6. The petitioner is proposing the development of 755 units consisting of 318 single-family lots, 292 single-story villas, and 145 two-story townhouses for property located at the Southeast corner of the intersection of North Jenkins Road and Peterson Road. File No.: RZ-04-005/PUD-04-004 January 18, 2005 Resolution 05-008 Page 1 '-' ""'" 1 7. The Development Review Committee has reviewed the site plan for the proposed project 2 and found it to meet minimum technical requirements. 3 4 8. On November 18, 2004, the St. Lucie County Planning and Zoning Commission held a 5 public hearing, of which due public notice was published and mailed to all property owners 6 within 500 feet at least 10 days prior to the hearing, and recommended to this Board that 7 Preliminary Development Plan approval for the project to be known as Celebration Pointe 8 be granted. 9 10 9. On January 18, 2005, this Board held a public hearing on the petition, after publishing a 11 notice of such hearing and notifying by mail all owners of property within 500 feet of the 12 subject property, and granted Preliminary and Final Development Site Plan approval for 13 the property described below. 14 15 10. The proposed project is consistent with the general purpose, goals, objectives, and 16 standards of the St. Lucie County Land Development Code, the St. Lucie County 17 Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 18 19 11. The proposed project will not have an undue adverse effect on adjacent property, the 20 character of the neighborhood, traffic conditions, parking, utility facilities, or other matters 21 affecting the public health, safety, and general welfare. 22 23 12. All reasonable steps have been taken to minimize any adverse effect of the proposed 24 project on the immediate vicinity through building design, site design, landscaping, and 25 screening. 26 27 13. The proposed project will be constructed, arranged, and operated so as not to interfere 28 with the development and use of neighboring property, in accordance with applicable 29 district regulations. 30 31 14. The proposed project will be served by adequate public facilities and services. 32 33 34 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie 35 County, Florida: 36 37 38 CHANGE IN ZONING 39 40 41 A. The property on which this Preliminary and Final Planned Unit Development is being 42 granted is described as follows: 43 44 THE NORTH 3/4 OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 35 45 SOUTH, RANGE 40 EAST, LESS AND EXCEPT THE WEST 40 FEET FOR ROAD RIGHT-OF- 46 WAY AND LESS AND EXCEPT ROAD AND CANAL RIGHTS-OF-WAY. File No.: RZ-04-005/PUD-04-004 January 18, 2005 Resolution 05-008 Page 2 '-' 'w1I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 TOGETHER WITH THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, LESS WEST 40 FEET, FOR ROAD RIGHT OF WAY AND LESS THE CANAL RIGHT OF WAY, TOGETHER WITH THE SOUTHEAST 1/4 OF SOUTHWEST OF NORTHWEST 1/4, LESS CANAL RIGHT OF WAY AND THE SOUTHWEST 1/4 OF SOUTHEAST 1/4 OF NORTHWEST 1/4, LESS THE EAST 40 FEET AND LESS CANAL RIGHT OF WAY, AND THE NORTH 3/4 OF THE NORTHEAST 1/4 OF NORTHWEST 1/4 OF SOUTHWEST 1/4 AND THE NORTH 3/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, LESS THE NORTH 30 FEET OF THE EAST 5 FEET, TOGETHER WITH THE SOUTH 1/4 OF NORTHWEST 1/4 OF NORTHEAST 1/4 OF SOUTHWEST 1/4 AND THE SOUTH 1/4 OF NORTHEAST 1/4 OF NORTHWEST 1/4 OF SOUTHWEST 1/4 AND THE SOUTHWEST 1/4 OF THE NORTHEAST OF THE SOUTHWEST 1/4, LESS 330.52 FEET, AND LESS THE TRACT 143 FEET, X 207.28 FEET, AND THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, LESS SOUTH 330.52 FEET, AND LESS THE ROAD RIGHT OF WAY, TOGETHER WITH THE EAST 1/2 OF NORTHEAST 1/4 OF SOUTHWEST 1/4 AND NORTHWEST 1/4 OF THE SOUTHEAST 1/4 LYING WEST OF CANAL 29, LESS ROAD RIGHT OF WAY. TOGETHER WITH THE SOUTH 330.52 FEET OF SOUTHWEST 1/4 OF NORTHEAST 1/4 OF SOUTHWEST 1/4, LESS NORTH 97.32 FEET, OF THE WEST 143 FEET, OF THE EAST 163 FEET AND THE SOUTH 330.52 FEET OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND THE NORTH 1/4 OF NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SOUTHWEST 1/4 AND THE NORTH 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, LESS THE ROAD RIGHT OF WAY, ALL LYING IN SECTION 18, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. (Location: Southeast corner of the intersection of North Jenkins Road and Peterson Road) File No.: RZ-04-005/PUD-04-004 January 18, 2005 Resolution 05-008 Page 3 '-' ...., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 SITE PLAN B. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Final Site Plan for the project to be known as Celebration Pointe - A Planned Unit Development, is hereby approved as shown on the site plan drawings for the project prepared by Thomas Lucido & Associates, Inc., dated August 31, 2004, and date stamped received by the St. Lucie County Growth Management Director on October 15, 2004, for the property described in Part "B" below, subject to the following conditions: 1. No two adjoining homes shall have the same front architectural elevation. 2. Prior to Final Plat approval for this project, the developers, their successors and assigns, shall have entered into an enforceable utility service agreement with Ft. Pierce Utilities Authority to ensure the provision of water and sewer services. This agreement shall be in a form consistent with Ft. Pierce Utilities Authority regulations regarding utility service extensions and service provisions. 3. The irrigation system within this project shall be designed to accept reuse water from the Ft. Pierce Utilities Authority as the preferred method of irrigation. 4. Prior to the issuance of any land clearing permits for the Celebration Pointe development the developers, their successors and assigns, shall clearly delineate all areas to be preserved and/or protected. Delineation shall be either the placing of silt fencing, safety fencing or similar type of materials. Flagging shall not be used except as a guide for the installation of the fencing materials. All land clearing activities shall be in accordance to the specific conditions/standards outlined in the Land Clearing Permit. 5. Prior to the Issuance of any land clearing permits for the Celebration Pointe development the developers, their successors and assigns, Environmental Resource Permit (ERP) currently under review by South Florida Water Management District and Army Corps of Engineers shall be required to be approved. GENERAL C. This Preliminary and Final Planned Unit Development Site Plan approval shall expire on January 18, 2007, unless final plat approval is granted or an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code. D. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Growth Management Director on January 18, 2005. File No.: RZ-04-005/PUD-04-004 January 18, 2005 Resolution 05-008 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 '-' ....,¡ After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson xxx Vice-Chairman Doug Coward xxx Commissioner Paula A. Lewis xxx Commissioner Joseph E. Smith xxx Commissioner Chris Craft xxx PASSED AND DULY ADOPTED this 18th Day of January 2005. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney hf H:\WORD\Petitions\BCC\Finished2005\CelebrationPointe.PD\CelebrationPointeRES. wpd File No.: RZ-04-005/PUD-04-004 January 18. 2005 Resolution 05-008 Page 5 \wi ...,.¡ 1 2 3 4 5 Exhibit "A" 6 7 8 9 Certificate of Capacity 10 11 12 13 14 15 16 17 18 File No.: RZ-04-005/PUD-04-004 January 18, 2005 Resolution 05-008 Page 6 '-' ....., 1 2 3 4 5 Exhibit "8" 6 7 Location Maps and Site Plan Graphics 8 9 10 11 12 13 14 15 16 17 18 File No.: RZ-04-005/PUD-04-004 January 18, 2005 Resolution 05-008 Page 8 ~~:.,=.: PUBlIC HEARING AGENDA January 18, 2005 TO WHOM IT MAY CONCERN: ~ NOTICE is hereby given in Iccordanc. with. Sec- tion I I .00.03 of the 51. Lucie County LInd Covll- opment Code and in Iceordenee with the provi- lidns of the St. Lucie County Comprehensive Plen, thl1 the following Ipplielnl1 havl requested that the St. Lucie County Board of County Com- missioners considers the following requests: -- 7 ~~~Z~~:E~~~~~~%~nt~[, ~i~~re~:~ilyZ~n:i du/eere) and RM-5 (Residential, Multiple-Flmily - 5 dulacre) Zoning Districts to the PUD IPlanned Unit Development - Celebration Pointe) Zoning District for the following dascribed property: THE NORTH 3/4 OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 35 SOUTH, RANGE 40 EAST, LESS AND EXCEPT THE WEST 40 FEET FOR ROAD RIGHT-OF-WAY AND LESS AND EXCEPT ROAD AND CANAL RIGHTS-OF·WA Y. TOGETHER WITH THE SOUTHWEST 114 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, -LESS WEST 40 FEET, FOR ROAD RIGHT OF WAY AND LESS THE CA- NALRIGHTOFWAY, TOGETHER WITH THE SOUTHEAST 1/4 OF SOUTHWEST OF NORTHWEST 1/4. LESS CANAL RIGHT OF WAY AND THE SOUTHWEST 114 OF SOUTHEAST ~~~~~~~~~JAr4ÁlaW Jr~¡~~TA~ Fi~~ NORTH 3/4 OF THE NORTHEAST 1/4 OF NORTH- WEST 1/4 OF SOUTHWEST 1/4 AND THE NORTH 3/4 OF THE NORTHWEST 1/4 OF THE NORTH- EAST 1/4 OF THE SOUTHWEST 1/4, LESS THE NORTH 30 FEET OF THE EAST 5 FEET, TOGETHER WITH THE SOUTH 114 OF NORTHWEST1 /4 OF NORTH· EAST 1/4 OF SOUTHWEST 1/4 AND THE SOUTH 1/40F NORTHEAST 1/4 OF NORTHWEST 114 OF SOUTHWEST 1/4 AND THE SOUTHWEST 1/4 OF THE NORTHEAST OF THE SOUTHWEST 1/4, LESS 330.52 FEET, AND LESS THE TRACT 143 FEET, X 207.28 FEET, AND THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, LESS SOUTH 330.52 FEET, AND LESS THE ROAD RIGHT OF WAY, TOGETHER WITH THE EAST 112 OF NORTHEAST 114 OF SOUTH- WEST 1/4 AND NORTHWEST 114 OF THE SOUTH- EAST 1/4L YING WEST OF CANAL 29, LESS ROAD RIGHT OF WAY. TOGETHER WITH THE SOUTH 330.52 FEET OF SOUTHWEST 114 OF NORTHEAST 1/4 OF SOUTHWEST 1/4 LESS NORTH 97.32 FEET, OF THE WEST 143 FEET, OF THE EAST 163 FEET AND THE SOUTH 330.52 FEET OF THE SOUTHEAST 114 OF THE NORTH· WEST 1/4 OF THE SOUTHWEST 1/4 AND THE NORTH 1/4 OF NORTHEAST 114 OF THE SOUTH· WEST 1/4 OF SOUTHWEST 1/4 AND THE NORTH 114 OF THE NORTHWEST 114 OF THE SOUTH· EAST 114 OF THE SOUTHWEST 114, LESS THE ROAORIGHTOFWAY, ALL LYING IN SECTION 18, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. Location:Southeut corner· of the intersection of North Jenkins RaId and Peterson RaId. COVENANT INVESTMENT PROPERTIES, LLC for I ~~r;hV:o;~o~~ïiZ~n r~~mDi~~~ie~~o (~~:r~rrt~: mmercial, Office) Zoning District for the following described property: WHITE CITY BLK 57 LOTS 9, 10. 11 AND 12 AND N OF VAC ALLEY ON S (0.29 ACI (OR 1320-2981) Locltion: 1205 Midway Ro"', Fort Pilrce THIS PUBLIC HEARING will be hlld in tha Com- mission Chambers. Roger Poitras Annex. 3rd Floor. St. Lucie County Administration Building. 2300 Virginia Avenue. Fort Pierce. Florid. on J.n- uary IB, 2005, beginning 11 6:00 P.M. or as lOOn thereafter al pollible. PURSUANT TO Section 286.0105, Florida SlItutes. if a person decidu to appell any decision mlde bV a board, agency. or commislion with respect to any miner conSidered It I meeting or he.ring. he will need I record of the proceedings, and that. for such purpoles, he may need to ensure that a verbatim record of the proceedings is made. which record includes the teltimony end evidence upon which the appell is to be based. '-' ...., ~I BOARD OF COUNTY COMMISSIONERS ~=r·.~eJ l:1J:: ~. .... " COUNTY :~ F LOR I D A, .,.:....., . GROWTH MANAGEMENT December 29, 2004 In accordance with the St. Lucie County Land Development Code, you are hereby advised that United Homes Int'l, Inc., has petitioned St. Lucie County for a Change in Zoning from the RS-3 (Residential, Single-Family - 3 du/acre) and RM-5 (Residential, Multiple-Family - 5du/acre) Zoning Districts to the POO (Planned Unit Development - Celebration Pointe) Zoning District for the following described property: Location: Southeast corner of the intersection of North Jenkins Road and Peterson Road. THE PROPERTY'S LEGAL DESCRIPTION IS A VAIl ,ABLE UPON REQUEST The second public hearing on the petition will be held at 6:00 P.L""J., or as soon thereafter as possible, on January 18, 2005, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fol1 Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing. County policy discourages communication with individual County Commission on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the Board of County Commissioners are elec.trcniçally recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he 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 pany 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 heanng may be continued to a date-certain. Anyone with a disability requiring accommodation to attend thi~ meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above-described pared, please forward this notice to the new owner. Please call (772) 462-1582 if you have any questions, and refer to: File Number: PUD-04-016/RZ- 04-015. Sincerely, 1LUCIE COUNTY}JOARD OF COUN¡TY COMMISSIONERS ~ ~~ 1"Rb Fr nnie Hutchinson, Chairman JOSEPH E. SMITH, DistricT NO.1· DOUG COWAP.D, DisTricT NO.2. PAULA A. LEWIS, DisTricT No. J . mANNIE HUTCHINSON, DistricT No.4. CHRIS CRAFT, DistricT No.5 County AdminisTroTor - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 · Planning: (772) 462-2822 . GISfTechnical Services: (772) 462-1553 Economic Development: (772) 462-1550 . Fax: (772) 462-1581 Tourist Development: (772) 462-1529 · Fax: (772) 462-2132 www.co.st-Iucie.fl.us '-" ..." 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Q) .0 E Q) > o Z '0 ~ co c.. ~ c.. c.. co ~ .?;o 0:: :> o U 0:: t <tI :E ~ ù A Petition of United Homes International, Inc. for a Cha~e in Zoning from the RS-3 (Residential, Single-Family-3 du/acre) Zoning District to the PUD (Planned Unit Development-Celebration Pointe) Zoning District. RJ¡....L n I L - I-- I-- I-- I-- l- I I _;..[J f-- - - ~ :-c I--- r- r-- "- I J---- I-- '-- I-- - 'Y \ - - -- ~ \C~~ ~\ \ \ \ \ \ \ . ; .~ L-. ~- ~.K»VY~ J ~ §~'X~w )<~/X><xxx~ I- XX'XY~Xx~~~x x~xNY ~ >9<x~X0<~: ~x~x)(~ ~ 'X 'Xx;o;:£~){ ~ ;xX ><)<)<xxx~x')¡,'X~ ~YXxx ~K...)Xt< Xx 'X'Xxxxx2<xx~ ~ ~ 0x'X£xxxx~~ ~ >0J<x 'x?s/~x~x~~V'¡ E b £~'XXX)(~x~ ~'><x hV ~~~~~~ ~I « ~ ,x xx~~x.~ - x x v x ~ ~e Q) x x ~ ')( x X 'liX X X ~' Ë ~02><~'X X 0x)¿ x x x J< XXX XX b( X\. X X v X ~I~\ b ~ ~ x x x x >1. X ~ '.JJ ;<.. )p/ v v X X X X X xxx Y Il< 'x: ~ ~~y/ =:¡ kX~ ~ x X')<')<b('X x x x -# x f0< ><x 'Xx Yx~~><x..W)<)<x. v v ')~ = . xX'X~~^'0 X \)(-ìK' IV _ ~ Ix: >Ç><) ~ 0 X)Q: H ~ xxx'X'X)( '»If '/ = Ix:Xx>Ç><) ~ £X XX0x~ )( x ~rx ~")o,J y 'X X X ~ txXx'>9<x C*- V 'Xx0x>ÇxX)<{h >Q<~~~x v ~</XXX) ~ 'XX'X x 'v 'Xxx x). .) ¡ )j ~ '()()()( ~ 'Xx ~ xXxxx)< >< :;<:1< 'X.)<l<x y'Xx'Xx~'><x). Y< ~xx >< ~~><x - _ x x ~ f ^ =-= v~ '><xx x "X)f(~ 0£x ~ f-- ~:X% 0x =c 0)<)</xx ~'V<)X ~ ,,~~ f-- I I r- I i , = '5< I I x x. ry<)< k'Xyx ~~ 'X'Xx W¡c \ ~, ~ I-- I--- ~ ~ = f-----.: L-- _I.- ..., I Grãham Rd I-- I--~ ~ xx'>/. xx X xx 'X x 'X)('><I)' PUD 04-016 & RZ 04-015 51:.- Á~ ~". GIS =-.;,>~ Map prepared November 1, 2004 N  ~ Subject parcels ~ Ft. Pierce City Limits Zoning ~ """" United Homes International, Inc. ,11 - =m IL - RS .. - -- :;= 1-1--- L- '1ñ '-U ~ ~ RS-3 RS-3 I-- - - ~ II RS:C f--- "'-I f--- IL \ \C~~ , L . \ { ,... ,.., , 'ù'·, , AC.¡., \ I ^ I" ... .. '1' - G'-? \R- RC .') 1= - [ - CÕ "'? ..- Graham "Rd AG- RS-2 U') a> Q) 19 f!! Q) L Ë ~~~)(.xxJ AR-1 XX >< ~r ~ v'>()< :xv 0h K~-Z f-n »(Y<x .... >< >< X ~ Xv & xXx 'X x x ~ )<~ ./~ 'X X '>( '>( LC 'XXXXXXx.. l ~ 'N0x: C) 'X 'X 'X Kf)<xX ) x:XXX/) PUD 04-016 & RZ 04-015 .. RS-2 ~.2 u I I I Ir- I I I ___ ,",v· A:; RS-2 ~ Subject parcels ~ Ft. Pierce City Limits . F . ~ ~ '/ ~ ~-~ L- ~. ~- , ~ ~~ ~R~ 5 . ~ rxx0/x rl~ wØY$; ,?'"vx ~~t5< > ~ ¡., x x ~ 'x >< >0< x x x:>t. ')( 'X 'x f'.: "'!II!! X X x X&\t~><'}(x~~ )« h~X Iii £x xx£x x :>0<, ,>Ç'X X ')( ')( )1( x 'X )c xxx x x 'xxXxxx'x xxxX'x ~~x'Xxxxx~)c ~~~~~~»~~ x'><'>0< X X ~VV<x"~~."Xx)(-)<y y ~V"I ~ )( ~)(.h )( )( )( xX~..£x)l 'J.'ìX)(V><. ~ x X X X)<)<..)4V )()()()(..;><' ~ ~><x ~ RM-11 . x .~'x~'x'x ~ )()( :;..;¿; X 'x V'x x )( x x 11 '>( '>( X 'k'x :x 'x )( X :_)()()( "" x Xx ~ X x'X\.)< x WI: ~)<..£0A / Þ<J<Y )< -Fxx-.?,l..)<x): x><xxxxx )<x'}(X)( xxxx '\ W »~~ ~w<>({x~~x ~~ 'x ')( ')( X '><x'}('X'><x'>( x)cx.)!.M~ CG Y£..£ IÍIIIiIIIi _ ~X'x'}( «v)<x ~ ~~ ~><x\ ~ ~~vsx. - -:- ~ XJ<xx.;><x'X) ~ ')( >;¿>L.)<xXx ~xxxx \.. W< /'\r 1 CO N-Nx)< ~ 52'VV< ~ 0N ~ - ~ RS-3 " ..£x~ 0xmDÞ ~ x,><)( x'X,>< ,.'" '" ~ xx)<[ AR.1 ] CG k III 5è.Å~ a,~,. GIS __'-'___ N  Map prepared November 1 , 2004 : Land Use R ----, 1= ~ ......... ,-- RU . MXD ~ ,.. United Homes International, Inc. MXD I I Iii I I l I. n I I I I RIJ I L- I - FU - C j¡:ãñam Rd '--~ nil -nU Ii) 0) Q) iií in Q¡ Ë ~x;xoc X X '>'1 X X)<)< RU x ~ >vvx .,« y y )( )( IX ~ ^ )(~ 1)1 ./rv>\.. X>0< )<-x "I /rJ< xxx') rr .X x )é v v X XI--'-- Ii) 0) ~ Subject parcels ~ Ft. Pierce City Limits r~ Inll\ , ~u 1--.C ~ x xx ;¿<;'>. 'x: ~~ PUD 04-016 & RZ 04-015 - Rig L- L...-- =lJ=r= ~f- ::.u:J = C - RM RM L - I ~ - - Ii. - . BVI ~- ~~ )( xXUõxxxx yy~xx~ ~~~%~ .. ,;x"x"~",,x,,"Y"x>Y\ . '\)<,?<N)< .;xxXx~Xx'><x'\õ!x~~ vvx xXX')\c:'X'XxX ~ IXXXX ~X)</<, v Ìì¡ xx'Xvv~v X\¿\!'x yc~ ~'>tV ~v I"" :J RH J<vxNx'><-xX)f)<xV0"'"\I'~ :x: "'" ~ X :i( X Vx'xJ<x x x y s.. )< X X x x ;þ(~;~(~~ ~~~~ COM ~ ~ 'Xx X X x &ßxYxx..) ')~ .. ~ V YxY'XV~~Vh">F.)(, ill' ~ '" 7x)(yYxx?:?;x.. ~'XYx'X~x)( ~~:x:\2 CO~ ~«)( x _ V0 ~ ~~~ 'X..... '" \«xx tll ~_~)<)(~Þ<)<~ £ '\.. W COIq:: -- ~~'X rv~")(] v'O(')()l0 r'\.. ~ I- RM II L- , >0/ 0><r ~~ 0X'xx 0N ~ ') ') - - FM J 5è~~&'~ GIS Ä~,,-'= N A Map prepared November 1, 2004 '-' ...,,¡ United Homes International, Inc. PUD 04-016 & RZ 04-015 ~ Subject parcels Ft. Pierce City Limits 5è.£HØ# ~~ GIS, .d.;;;o--' Map prepared November 1, 2004 ~ '-" ...., AGENDA ITEM 6: United Homes Int'l. Inc. (Celebration Pointe) - File No. PUD-04- 016/RZ-04-015 Mr. Hank Flores gave staffs comments as follows: The applicant, United Homes International, is proposing a residential development totaling 755 dwelling units. Single-family lots comprise 318 units, single-story villas comprise 292 units, and two-story townhouses comprise 145 units. The proposed planned development maintains 36.35% (53.50 acres) of the project area in total open space - 31.62 in landscape area/open space/recreation space and 21.88 acres in lakes. The remainder of the project consists of those areas designated for residential development (buildings, roadway, driveways, and sidewalks). As a part of the proposed project, the applicant is proposing the abandonment of Swain Road. This action is in conjunction with a proposed application for the abandonment for the White Way Dairy Road right-of-way. At the writing of this report, this application had not been submitted. If these rights-of-way are approved for abandonment, six properties along Swain Road would then have no access to county road right-of-way and would, therefore, be rendered non- conforming lots of record. The applicant proposes to provide access for these property owners through their project and to improve Swain Road through the construction of a curb and gutter section of roadway. Staff would recommend that Swain Road not be approved for abandonment, even if White Way Dairy Road is approved, in order to allow these 6 lots to continue to have positive, legal access. Staff has determined that the proposed zoning designation and the Preliminary Planned Unit Development site plan are compatible with the existing and proposed uses in the area. This petition meets the standards of review as set forth in the Land Development Code and is not in conflict with the Comprehensive Plan. Staff recommends that you forward this petition to the Planning and Zoning Commission of County Commissioners with a recommendation of approval. Conditions may be forwarded to the Planning and Zoning Commission of County Commissioners for their consideration as a part of final approval. Mr. Grande recalled an application going by in very recent weeks possibly using White Way Dairy Road as a southern walking exit to get from the developed portion to a park portion that they were considering donating to the County and that property was immediately to the east of this, he would assume that if there was an abandonment of that right-of-way, would that also affect the right-of-way for that same road to the east. Mr. Kelly said that the project was called Bent Creek. On Monday night the County Commission continued consideration of Bent Creek for 60 days in order to explore connection of Peterson Road. Staff had also talked to this developer and let him know that there was concern for an overall grid pattern within the area. The developer was proposing to provide the right-of-way for Peterson Road essentially to his property, but to allow it to continue to what would have been a park. This developer was proposing to abandon the roadway and the Commission really was P & Z Meeting November 18,2004 Page 21 'w' ..",., interested in keeping Peterson all the way through. Staff would be working with all of them to try to look at the overall connections in the area. Mr. Grande echoed the County Commission's recommendation for increasing the grid capability in the area and he believed that would translate logically to a recommendation that neither Peterson nor White Way Dairy be abandoned. Mr. Hearn asked staff about the 1.67 credits at the Bluefield Ranch Mitigation Bank; what was the size of those credits, if there was a size to them? The other part of that question was what do these credits cost? Mr. Kelly responded that those were questions that would be more appropriate to the Environmental Resource Division and they were not present. Mr. Hearn asked staff to get that information available for the Planning & Zoning Commission at the next meeting. He also wanted to know the cost of the amount of tree removal that was going to have to be done there. Ms. Young responded that she could answer a portion of the question just to give a little bit of information. With regard to the Mitigation Bank, it's not one credit equal five acres or that type of division. It's the amount of improvement, enhancement to the site as a result of the activities that were taking place and the permitting agency whether it would be the Department of Environmental Protection (DEP) or South Florida, whoever was involved with the credit allocation determined how many credits based on the amount of enhancement to the site from a mitigation activity. So it's not a per acre equals so many credits type thing. It was how many credits were going to be assessed based on the enhancement of the site. That's the number of allowable credits in the ban1e Those were usually determined based on fair market. Bob Rains, Attorney with the Law Firm of Gunster, Yoakley in Stuart represented the applicant. He distributed a brochure and renderings (Exhibit B). They had received and reviewed the staff report and were pleased to state that they agreed with the conclusions and recommendations in the staff report. They were doing a PUD because they needed to cluster the units which would be a benefit to them. There were a number of benefits that were being provided to St. Lucie County in return for the ability to cluster the units. The first one was a mutual benefit because the clustering was going to allow the developer to cluster the units away from the environmentally sensitive areas. Another benefit would be provided through the PUD was the applicant was donating 20 feet along the western boundary of its property for the future widening of Jenkins Road. Also, in respect to Jenkins Road the applicant was going to be sizing its lakes to accommodate the runoff and provide water quality treatment for the future widening of the east half of Jenkins Road which would prevent the County from having to purchase property to accommodate that runoff and treatment at a later date. The applicant had also agreed to donate 45 feet along its northern boundary for the future widening of Peterson Road. They were also going to be creating some water management tracts, the applicant had agreed to create a 250 feet water management area for the Five Mile Creek area. Unlike the straight zoning where they didn't have to have any buffer requirements around the perimeter, the applicant had created 20- 25 feet varying perimeter buffers around the property that would include berms, fencing and P & Z Meeting November 18,2004 Page 22 'W "wi landscaping that would not be required under the straight zoning category. They would be providing open space requirement that again would not be required under the straight zoning. Due to the fact that they could cluster the development they would be able to provide some workforce housing. The single-storey villas would be going for around $150K, the town homes would be going from $170-$180K, these again were obviously just estimates at this time, but this was to give the Planning and Zoning Commission some idea, and the single-family dwellings would probably range somewhere from $200-$275K. In the staff report it stated that they were proposing to abandon Swain, it was his understanding that they were not proposing to abandon Swain and wanted to clarify that for the record. They met with approximately 20 residents out of the 50 certified notices using the mailings that the County used to provide notices to the meeting this past Tuesday night to find out about the project and express their concerns. They had agreed based on the comments they heard at the meeting regarding the northern boundary of the property to build a berm along that northern boundary and to try to plant some plantings on top of that berm to help buffer, as an addition to the buffers, they were going to provide, but that was a request and they wanted to try to accommodate the neighbors. They would continue to meet with the neighbors throughout the process. Mr. Greg Boggs with Lucido and Associates went over the renditions in the packet they had distributed. At this point it was not a gated community. There were 33 trees on the property and they would preserve 23. They would be back planting probably thousands of trees after the landscape was finished. They would be improving Swain, paving, curbing, and guttering. The project was loaded accessed off of Jenkins. They never thought of using White Way Dairy as their front door. Mr. John Donahue with LBFH, 2222 Colonial Road, stated that they had already designed the lakes to take into account the drainage and water quality treatment for the frontage of the property on Jenkins Road for the future widening. Mr. Lounds stated that what they brought to the table compared to what the Planning & Zoning Commission saw a month ago from the folks north of it, it seemed as if the developer had put a lot more planning and thought into the project; the fact that they were going to allow the County to use or the State Road Department or whoever, some of their lakes for retention area on Jenkins Road and some of the other considerations were rewarding. Silvio Cardoso, President, United Homes, 7975 NW 154th Street, Miami Lakes, Florida, stated that they had met with Mr. Trias and a lot of things on the plan were recommendations from him. Tony Maharris, Principal of United Homes stated they had not talked to Lennar Homes their next door neighbor. Their project was independent and stood by itself. They would be pleased to talk if there was a commonality that could help, they would be open to any conversation with them. P & Z Meeting November 18, 2004 Page 23 '-'" ..., Ms. Hammer requested staff to have the reports broken down by service, such as school district, fire district, traffic, etc. She also asked if the lakes would be maintained by the homeowners association. Mr. Maharris responded that all their projects had homeowner's associations that took care of everything on site. Chairman McCurdy opened the public portion of the hearing. Connie Mishoe and husband Monty Mishoe, of 1401 Swain Road stated they owned the property that was approximately 10 acres with a communications tower on it. They had a concern, so they were not in agreement to everything that was proposed. They didn't want to see White Way Dairy Road closed as they owned the tower property and had two tractors and some equipment on there and if they had to go through the residential area, it would create quite a potential problem. Mr. Hearn asked the applicant if they would be comfortable with White Way Dairy not being abandoned. Mr. Cardoso stated that whatever the wish was of this Planning and Zoning Commission and the County Commissioners was fine with them. If White Way Dairy Road was abandoned, there was an access from their site. John Odom who resides at 1611 S Jenkins Road stated he had gone to the meeting and was impressed with what they had. He had a couple concerns. I wondered if they could eliminate their south entrance. He owned approximately 40% of the land across from their development on Jenkins Road, four parcels and soon to have a fifth one. He would lose quite a bit of land when the County, State or whoever was going to take the land, about 20 feet to widen the road to four lanes. He didn't want one of their entrances to be in front of his property. He agreed that they needed two entrances, he didn't want them both to be on Jenkins Road, that was putting a lot of traffic on Jenkins Road. Bryan Tolson who resides at 1705 Swain Road stated he lived in one of the three houses in the middle of the development. The 30 acre park was once his cow pasture up to three years ago. He had a 25 foot buffer around his home and it was landscaped very nice, the developer agreed to put up a wall around his property to kind of isolate him a little bit from some ofthe stuff that's going on. It would also be a nice hurricane barrier. On the preliminary drawings he saw the other night, they had this wall exactly on the property line, so he would have an 11 foot wall right down beside his house across the back and up Bill's, so he would be in a big box. He was asking the developer, if they could move that wall back just a little bit, and put some of the shrubs on his side instead of everything on the other side. He also stated that the developer had agreed to hook up the three houses with underground utilities at their expense since they would take out the overhead powerlines which would put them in the situation of having underground utilities also. P & Z Meeting November 18,2004 Page 24 ~ "wi Mr. Cardoso responded that they would. Pat Langel stated he lived at 990 S Jenkins Road which placed him in the upper left hand corner of the property. He attended the meeting with the developer and had some concerns about the buffer, and saw they addressed it as far as the berm. His question was what size berm. He was also concerned about the traffic problem with the increased density. Mr. Cardoso responded that they had a 25 foot landscaping buffer, whatever that allowed them to go up as high as berm and it met the codes of the County, they would put it as high as they could. John Langel who has lived at 820 S Jenkins Road 45 years and was on the north perimeter and adjacent to the development also echoed his concern about the increased traffic. He wanted to know if they could delay the start of the project until Jenkins Road was made into a four lane road. Seeing no one else, Chairman McCurdy closed the public portion of the hearing. Mr. Hearn asked the developer a hypothetical question, if the County were to require a lump sum donation in order to approve this project, did he feel that the real estate prices that they were charging could stand an additional $6K per unit added to it without him losing a lot of sleep over it or a lot of customers. Mr. Maharris responded that it would be extremely difficult to put that additional burden on some of the homeowners. They were trying to build affordable housing or workforce housing. They had been trying to do that for many years and it had been very difficult. Currently the impact fees that they were paying for their projects in other areas, including this area were substantial and that burden had also been put on the homeowners. Mr. Hearn appreciated what was said, but wanted them to understand his posltlon. The development was going to have an impact both financially and to the public facilities, the roads and so forth. As Planning and Zoning Commission members they had to try to address those concerns and if the developer charged an additional $6K dollars, they would have a $4.5M donation to the County that would go a long way to helping with the improvement of the facilities that their development was going to have an impact on. Mr. Grande requested to get the projected traffic from the development in the packet. K. Hart Pinder with Pinder Troutman Consulting at West Palm Beach stated they had conducted a traffic analysis and Scott Herring had reviewed it and approved it. As far as Jenkins Road was concerned, they looked at the traffic both north and south of the proposed driveways, the latest data from the County showed it about 5,200 trips per day on Jenkins Road. The project north of the entrance land about 2,200 a day and south about 3,300 so the total in the south would be about 8500 trips a day when the project was entirely built out. The existing capacity was 8600. Based on the current standards that the County had adopted and the projections of traffic, it would be below the adopted level of service standard at the build out of the project. P & Z Meeting November 18,2004 Page 25 '-' ...." Mr. Kelly said that the County's system was that simply the guy that broke it, fixed it. Mr. Lounds questioned Mr. Boggs if they abandoned White Way Dairy Road, where would be their back entrance or emergency entrance to the property. Mr. Boggs responded that it would be off of Peterson. Mr. Lounds - After considering the testimony presented during the public hearing, including staff's comments and standards of review set forth in Section 11.06.03 of 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 do grant approval to the application of United Homes Int'l for a Change in Zoning from the RS-3 (Residential, Single-Family 3 du/acre) and RM-5 (Residential, Multiple-Family _ 5 du/acre) Zoning Districts to the PUD (Planned Unit Development) Zoning District as presented to us. I think that the development is well planned and also in the motion I make considerations that the developers join with the other developers and consider the road issues of Swain Road to Orange Avenue and the impaction of Peterson Road. I don't feel like there is enough roadway considerations for this and also it would resolve the issue of White Way Dairy Road. Motion seconded by Mr. Akins. Upon a roll call vote the motion passed (with a vote of 6-1 with Mr. Hearn voting against). Mr. Grande commented that this is a little tough because this is one case where I really would have liked to have had direct input from Ramon as a member of the panel. Ms. Hammer wanted her comments included that I think that for a gift of 184 more units, that there should be some benefit to the community in exchange for the 184 units and I'll leave it up to the County Commission to determine what that benefit will be. Mr. Hearn voted against because I don't think there's any benefit to the community that's going to override the impact that it is going to have on the community. P & Z Meeting November 18,2004 Page 26 ~ '-" DEPARTMENT OF PUBLIC WORKS Environmental Resources Division MEMORANDUM TO: Hank Flores, Development Review Planner FROM: Amy Mott, Environmental Regulations Supervisor DATE: November 8, 2004 RE: Celebration Pointe - PUD .............................................................................., 1) A condition of approval shall be approval of the Environmental Resource Permit (ERP) currently under review by South Florida Water Management District and Army Corps of Engineers. Summary of Environmental Review for Celebration Pointe PUD The 148 acre property is currently characterized as improved pasture located on the site of a former citrus grove. Six depressional wetland areas, totaling 2.96 acres were identified on the property, all of which have been hydrated directly by the uncontrolled flow from an artesian well or indirectly as the result of saturation of adjacent soils from a flowing well. As part of the Environmental Resource Permit issued by SFWMD, it will be required that the artesian wells be properly plugged and abandoned. Given the minimal wetland values and functions provided by these wetlands and the inevitable loss of the wetlands from plugging of the wells (whether the project proceeds or not), and the benefits to the regional surface and groundwater resources from elimination of artesian flow, these wetlands do not represent a significant cumulative impact within the drainage basin. Mitigation, which will be satisfied by way of the purchase of 1.67 credits at the Bluefield Ranch Mitigation Bank, will be required for the two wetlands on site that were considered jurisdictional by the SFWMD. And mitigation, of 1.11 credits at the Bluefield Ranch Mitigation Bank, will be required for all six wetlands as they all qualified as jurisdictional by the ACOE. No native upland habitats occur on site, however scattered laurel oaks and cabbage palms exist that meet the minimum mitigation threshold in the Vegetation Protection section of the SLC Land Development Code. Twenty three trees, totaling 601 inches, and 102 Cabbage Palms will be preserved. Eight trees, totaling 121 inches, and 168 Cabbage Palms will be removed from the project. Trees identified for preservation will be protected throughout the construction process by safety fencing to be placed at the driplines of the protected trees. A landscape buffer, measuring a minimum of twenty feet wide, will surround the entire perimeter of the project and be planted with 774 shade trees, 29 flowering trees, and 49 palms. And finally, per Conservation Policy 8.1 .2.5: requires a vegetated and functional littoral zone to be established as part of the surface water management system of upland water bodies occurring on development sites. C:\TEMPlCELEBRATION POINTE PUD3.DOC '-' ""'" Planning and Zoning Commission Review: 11/18/04 File Number RZ-04-015 MEMORANDUM GROWTH MANAGEMENT DEPARTMENT TO: FROM: Planning and Zoning ~rl~. om ission Planning Manager ~V DATE: November 10, 2004 SUBJECT: Application of United Homes International, Inc., for Preliminary Planned Development Site Plan Approval, and a Change in Zoning from the RS-3 (Residential, Single-Family - 3 du/acre) and RM-5 Residential, Multiple- Family - 5 du/acre) Zoning Districts to the PUD (Planned Unit Development - Celebration Pointe) Zoning District. LOCATION: Southeast corner of the intersection of North Jenkins Road and Peterson Road. EXISTING ZONING: RS-3 (Residential, Single-Family - 3 du/acre) and RM-5 (Residential, Multiple-Family - 5 du/acre) PROPOSED ZONING: PUD (Planned Unit Development - Celebration Pointe) CURRENT FUTURE LAND USE: RM (Residential Medium) PARCEL SIZE: 147.14 acres PROPOSED USE: Total of 755 dwelling units: 318 single-family residential lots; 292 single story villas; and, 145 two-story townhouses PROPOSED DENSITY: 5.12 dwelling units per acre SURROUNDING ZONING: RS-3 (Residential, Single-Family - 3 du/acre) to the north and east. RM-5 (Residential, Multiple-Family - 5 du/acre) to the south and east. AR-1 (Agricultural, Residential - 1 du/acre) to the west. SURROUNDING LAND USES: The general existing land uses surrounding the property are residential, some agricultural, and vacant. Bent Creek, a proposed 722-lot single-family residential development id located to the east and northeast of the subject property. '-' """ November 1 0, 2004 Page 2 Subject: United Homes International, Inc. File No.: RZ-04-015 Borland SID is a proposed 6-lot single-family residential development located to the north and east of the subject property. Whispering Oaks - PUD is a proposed unit 376 unit residential development comprised of 128 single- family lots and 248 multiple-family units. The Future Land Use Classification of the surrounding area is RM (Residential Medium). FIRE/EMS PROTECTION: Station #7 (4900 Ft. Pierce Boulevard), is located approximately 4.5 to the east. UTILITY SERVICE: The subject property is in the Ft. Pierce Utilities Authority service area. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for Jenkins Road is 80 feet. The applicant is donating an additional 20 feet of right-of- way along the western boundary of the subject property. The existing right-of-way width for White Way Dairy Road is 30 feet. The existing right-of-way width for Swain Road is 50 feet. SCHEDULED IMPROVEMENTS: None at this time. Jenkins Road is proposed for widening in the future. An application to abandon White Way Dairy Road has been proposed, but has not been submitted to St. Lucie County. The applicant of Celebration Pointe is also proposing to abandon Swain Road. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity. ************************************************************************* STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed change in zoning and petition for preliminary Planned Unit Development is consistent with the St. Lucie County Land Development Code. If w 'w November 10, 2004 Page 3 Subject: United Homes International, Inc. File No.: RZ-04-015 the subject property were to be developed at the maximum density allowable by the Future Land Use Classification of RM (Residential Medium) - 9 dwelling units per acre of the subject property, 1,324 units might be possible. The site plan that is submitted as a part of this rezoning to PUD is consistent with the provisions of the Land Development Code. 2. Whether the proposed amendment is consistent with all elements of the 51. Lucie County Comprehensive Plan; The proposed Celebration Pointe - PUD is consistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County. Policy 1 .1.1.1 of the St. Lucie County Comprehensive Plan establishes maximum residential densities of RM (Residential Medium) - 9 dwelling units per acre. The proposed project is to be developed with a maximum residential density of 5.12 units per acre; therefore, the proposed project is consistent with this policy. Policy 8.1.3.1 of the Conservation Element states that the County's land development regulations shall include the use of programs to protect or maintain the floodplain and shall continue to strictly enforce regulations that direct development away from the floodplains and provide upland buffers along the floodplain. The proposed project has clustered residences away from the floodplain and onto the upland portions of the site. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed change in zoning to PUD for the purpose of allowing the construction of a single-family residential development is consistent with the proposed land uses in the area. The gross density of the proposed PUD development is 5.12 du/acre, which is consistent with the proposed future land use designation of the subject property. 4. Whether there have been changed conditions that require an amendment; There have not been changes that would require an amendment. The petitioned parcel is designated with a Future Land Use Classification of RM (Residential Medium) - 9 dwelling units per acre. The site is located within the Urban Service Boundary of St. Lucie County. Water and sewer services would be provided by the Ft. Pierce Utilities Authority. 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; '-' "'" November 1 0, 2004 Page 4 Subject: United Homes International, Inc. File No.: RZ-04-015 The proposed site plan, which is tied to this rezoning is not expected to create additional demands on any public facilities in this area. The subject property is located within the Urban Service Boundary of St. Lucie County. Water and sewer service is planned to be provided by the Ft. Pierce Utility Authority. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed change in zoning and development of this site as a residential planned unit development is not expected to result in any negative environmental impact. As part of the planned unit development review process an environmental impact report has been submitted for review. The 148 acre property is currently characterized as improved pasture located on the site of a former citrus grove. All native upland Habitat was removed many years ago. Staff will be recommending to the Board of County Commissioners that as a condition of approval, the applicant receive approval of their Environmental Resource Permit (ERP) currently under review by the South Florida Water Management District (SFWMD) and Army Corps of Engineers (ACOE). Six depressional wetland areas, totaling 2.96 acres, were identified on the property, all of which have been hydrated directly by the uncontrolled flow from an artesian well or indirectly as the result of saturation of adjacent soils from a flowing well. As part of the Environmental Resource Permit issued by SFWMD, it will be required that the artesian wells be properly plugged and abandoned. Given the minimal wetland values and functions provided by these wetlands and the inevitable loss of the wetlands from plugging of the wells (whether the project proceeds or not), and the benefits to the regional surface and groundwater resources from elimination of artesian flow, these wetlands do not represent a significant cumulative impact within the drainage basin. Mitigation, which will be satisfied by way of the purchase of 1.67 credits at the Bluefield Ranch Mitigation Bank, will be required for the two wetlands on site that were considered jurisdictional by the SFWMD. . Mitigation of 1.11 credits at the Bluefield Ranch Mitigation Bank will be required for all six wetlands as they all qualified to be identified as jurisdictional wetlands by the ACOE. As stated, no native upland habitats exist on the site, however, scattered laurel oaks and cabbage palms that meet the minimum mitigation threshold required in the Vegetation Protection section of the Land Development Code exist. Twenty- three trees totaling 601 inches and 102 Cabbage Palms will be preserved. Eight trees totaling 121 inches and 168 Cabbage Palms will be removed from the project. Trees identified for preservation will be protected throughout the construction process by safety fencing to be placed at the driplines of the protected trees. A landscape buffer, measuring a minimum of twenty feet wide, will surround the entire perimeter of the project and be planted with 774 shade trees, 29 flowering trees, and 49 palms. And finally, per Conservation Policy 8.1.2.5 of the St. Lucie County Comprehensive Plan, a vegetated and functional littoral zone shall be '-' ....,; November 10, 2004 Page 5 Subject: United Homes International, Inc. File No.: RZ-04-015 established as part of the surface water management system of upland water bodies occurring on the development. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; An orderly and logical development pattern will result with this change in zoning. The subject property is within the Urban Service Boundary of St. Lucie County and adequate facilities to service the proposed project are available. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment is not in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The applicant, United Homes International, is proposing a residential development totaling 755 dwelling units. Single-family lots comprise 318 units, single-story villas comprise 292 units, and two-story townhouses comprise 145 units. This project is to be known as Celebration Pointe - PUD. As a Planned Unit Development, the applicant may propose the clustering of residential units away from environmentally sensitive areas of the property. Section 7.01.03(1) of the St. Lucie County Land Development Code requires that 35% of the site must consist of open space, a minimum of 15% of which must be native upland habitat preserved in its natural condition. There is no native upland habitat remaining on the parcel. The proposed planned development maintains 36.35% (53.50 acres) of the project area in total open space - 31.62 in landscape area/open space/recreation space and 21.88 acres in lakes. The remainder of the project consists of those areas designated for residential development (buildings, roadway, driveways, and sidewalks). As a part of the proposed project, the applicant is proposing the abandonment of Swain Road. This action is in conjunction with a proposed application for the abandonment for the White Way Dairy Road right-of-way. At the writing of this report, this application had not been submitted. If these rights-of-way are approved for abandonment, six properties along Swain Road would then have no access to county road right-of-way and would, therefore, be rendered non-conforming lots of record. The applicant proposes to provide access for these property owners through their project and to improve Swain Road through the construction of a curb and gutter section of roadway. Staff would recommend that Swain Road not be approved for abandonment, even if White Way Dairy Road is approved, in order to allow these 6 lots to continue to have positive, legal access. Staff has determined that the proposed zoning designation and the Preliminary Planned Unit Development site plan are compatible with the existing and proposed uses in the area. This petition meets the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the \w 'wi November 10,2004 Page 6 Subject: United Homes International, Inc. File No.: RZ-04-015 Board of County Commissioners with a recommendation of approval. Conditions may be forwarded to the Board of County Commissioners for their consideration as a part of final approval. Please contact this office if you have any questions on this matter. Attachment hf cc: Greg Boggs, ASLA File '-' ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA November 18, 2004 TO WHOM IT MAY CONCERN: NOTICE is hereby given in accordance with Sec- tion 11.00.03 of the SI. Lucie County Land Devel- opment Code and in accordance with the provi- sions of the St. Lucie County Comprehensive Plan, that the fol/owing applicant has requested that the SI. Lucie County Planning and Zoning Commission considers the fol/owing requests: UNITED HOMES INT'lINC., for a Change in Zon· ing from the RS-3 (Residential, Single-Family _ 3 du/acre) Zoning District to the PUD (Planned Unit District - Celebration Pointe) Zoning District for the fol/owing described property: THE NORTH 3/4 OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 35 SOUTH, RANGE 40 EAST, LESS AND EXCEPT THE WEST 40 FEET FOR ROAD RIGHT-OF-WAY AND LESS AND EXCEPT ROAD AND CANAL RIGHTS-OF-WAY. TOGETHER WITH THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4. LESS WEST 40 FEET, FOR ROAD .RIGHT OF WAY AND LESS THE CA- NAL RIGHT OF WAY, TOGETHER WITH THE SOUTHEAST 1/4 OF SOUTHWEST OF NORTHWEST 1/4, LESS CANAL RIGHT OF WAY AND THE SOUTHWEST 1/4 OF SOUTHEAST 1/4 OF NORTHWEST 1/4, LESS THE EAST 40 FEET AND LESS CANAL RIGHT OF WAY, AND THE NORTH 3/4 OF THE NORTHEAST 1/4 OF NORTH- WEST 1/4 OF SOUTHWEST 1/4 AND THE NORTH 3/4 OF THE NORTHWEST 1/4 OF THE NORTH- EAST 1/4 OF THE SOUTHWEST 1/4, LESS THE NORTH 30 FEET OF THE EAST 5 FEET, TOGETHER WITH THE SOUTH 1/4 OF NORTHWEST 1/4 OF NORTH- EAST 1/4 OF SOUTHWEST 1/4 AND THE SOUTH 1/4 OF NORTHEAST 1/4 OF NORTHWEST 1/4 OF SOUTHWEST 1/4 AND THE SOUTHWEST 1/4 OF THE NORTHEAST OF THE SOUTHWEST 1/4, LESS 330.52 FEET, AND LESS THE TRACT 143 FEET, X 207.28 FEET, AND THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, LESS SOUTH 330.52 FEET, AND LESS THE ROAD RIGHT OF WAY, TOGETHER WITH THE EAST 1/2 OF NORTHEAST 1/4 OF SOUTH- WEST 1/4 AND NORTHWEST 1/4 OF THE SOUTH- EAST 1/4 LYING WEST OF CANAL 29, LESS ROAD RIGHT OF WAY. TOGETHER WITH THE SOUTH 330.52 FEET OF SOUTHWEST 1/4 OF NORTHEAST 1/4 OF SOUTHWEST 1/4, lESS NORTH 97.32 FEET, OF THE WEST 143 FEET, OF THE EAST 163 FEET AND THE SOUTH 330.52 FEET OF THE SOUTHEAST 1/4 OF THE NORTH- WEST 1/4 OF THE SOUTHWEST 1/4 AND THE NORTH 1/4 OF NORTHEAST 1/4 OF THE SOUTH- WEST 1/4 OF SOUTHWEST 1/4 AND THE NORTH 1/4 OF THE NORTHWEST 1/4 OF THE SOUTH- EAST 1/4 OF THE SOUTHWEST 1/4, LESS THE ROAD RIGHT OF WAY, ALL LYING IN SECTION 18, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA Location: Southeast corner of the intersection of North Jenkins Road and Peterson Road. THIS PUBLIC HEARING will be held in the Com- mission Chambers, Roger Poitras Annex, 3rd Floor, SI. Lucie County Administration Building. 2300 Virginia Avenue, Fort Pierce, Florida on No- vember 18, 2004, beginning at 6:00 P.M. or as soon thereafter as possible. PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by a board, agency, or commission with respect to any maner consIdered at a meeting or hearing. he will need a record of the proceedings, and that, for such purposes, he 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. PLANNING AND ZONING COMMISSION / LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA IS/ Carson McCurdy, Chairman Pub: November 8, 2004 823743 \wi î I' . '. \< \. ~> ~.~I \ .. . . . " ì·~ '-' ...., 7.01.00 PLANNED UNIT DEVELOPMENT 7.01.01 PURPOSE The Planned Unit Development (PUD) District is intended to achieve residential land development of superior quality through the encouragement of flexibility and creativity in design options that: A. permit creative approaches to the development of residential land reflecting changes in the technology of land development; B. allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; c. allow design options that encourage an environment of stable character, compatible with sur- rounding land uses; and D. permit the enhancement of neighborhoods through the preservation of natural features, the pro- vision of underground utilities, and the provision of recreation areas and open space. 7.01.02 AUTHORIZED USES A. PERMITTED USES Any permitted, conditional or accessory use in the Agricultural-1 (AG-1); Agricultural-2.5 (AG-2.5); Agricultural-5 (AG-5); Residential/Conservation in the Agricultural-1 (AG-1); Agricultural-2.5 (AG- 2.5); Agricultural-5 (AG-5); Residential/Conservation (RC); Residential, Estate-1 (RE-1); Residential, Estate-2 (RE-2); Residential, Single-Family-2 (RS-2); Residential, Single-Family-3 (RS-3); Residential, Single-Family-4 (RS-4); Residential, Multiple-Family-5 (RM-5); Residential, Mobile Home-5 (RMH-5); Residential, Multiple-Family-7 (RM-7); Residential, Multiple-Family-9 (RM-9); Residential, Multiple-Family-11 (RM-11); and Residential, Multiple-Family-15 (RM-15) zoning districts of this Code may be permitted in a Planned Unit Development District subject to complying with the .residential densities described in Section 7.01.03(B). B. NONRESIDENTIAL DEVELOPMENT USES Uses of the types permitted in the Commercial, Neighborhood (CN) District are also permitted up to an amount not to exceed three (3) percent of the gross area of the Planned Unit Development or ten (10) acres, whichever is less. In addition, playgrounds, public and non-public parks, golf courses, country clubs, bicycle paths, racquet sports facilities, riding stables, marinas, clubhouses, and lodges may be permitted in a Planned Unit Development District. 7.01.03 STANDARDS AND REQUIREMENTS Standards and requirements for a Planned Unit Development shall be as follows: A. MINIMUM SIZE A Planned Unit Development shall be a minimum of five (5) contiguous acres of land under common ownership or control. B. DENSITY 51. Lucie County Land Development Code Adopted August 1, 1990 7-3 Revised Through 05I15J04 ~ ,..., The maximum possible permitted density of a Planned Unit Development shall not exceed the density reflected in the Future Land Use Maps of the Comprehensive Plan. On North and South Hutchinson Island, the provisions of Section 3.01.03(AA)(S) shall govern. C. AREA, YARD, AND HEIGHT REQUIREMENTS Area, yard, and height requirements shall be determined at the time of Preliminary and Final Development Plan approval, except that for any structure on North or South Hutchinson Island that has not been occupied, constructed, or has not received a building permit, site plan or other County development approval as a permitted use prior to January 10, 1995 the requirements of Section 4.01.00, Hutchinson Island - Building Height Overlay Zone shall apply. D. PUBLIC FACILITIES 1. The Planned Unit Development shall be designed and located so there will be no net public cost for the provision of water lines, sewage lines, storm and surface drainage systems, and other utility systems. 2. The minimum size of all water mains used, or intended for use, in fire protection activities is six (6N) inches. Actual water main requirements will be determined by the St. Lucie County-Ft. Pierce Fire Prevention Bureau. 3. The minimum size of all water mains used, or intended for use, in fire protection activities, that are located on a dead-end water main is eight (S") inches. Actual water main requirements will be determined by the St. Lucie County-Ft. Pierce Fire Prevention Bureau. The maximum number of fire hydrants that may be located on any dead end water main is one (1). 4. Fire hydrants shall be provided at a minimum spacing of one every six hundred (600) feet unless otherwise approved by the St. Lucie County-Ft. Pierce Fire Prevention Bureau. E. TRAFFIC AND PEDESTRIAN CIRCULATION 1. Every dwelling unit, or other use permitted in the Planned Unit Development shall have access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to pubiic or private use. 2. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movement and minimum hazards to vehicular or pedestrian traffic. Minor streets within the Planned Unit Development shall not be connected to streets outside the development so as to encourage their use by through traffic. 3. The proposed Planned Unit Development shall be designed so that it will not create traffic congestion on the arterial and collector roads surrounding the project, or such surrounding collector or arterial roads shall be improved so that they will not be adversely affected. 4. All non-residential land uses within the Planned Unit Development shall have direct access to a collector or arterial street wi~hout creating traffic hazards or congestion on any street. SI. Lucie county Land Development Code Adopted August 1, 1990 7-4 RlIVislld Through 05115104 ~ \.f w 5. Streets in a Planned Unit Development may be dedicated to public use or retained under private ownership. Said streets and associated improvements shall comply with all pertinent County regulations and ordinances, however, variations to the standard minimum right-of-way widths may be considered as part of the Planned Unit Development if it is shown to the satisfaction of the Board of County Commissioners, that the requested variation is consistent with the intent of the County's roadway construction standards and necessary for the design of the Planned Unit Development. 6. All roads and streets shall intersect at an approximate ±5° angle of ninety degrees (900) unless circumstances acceptable to St. Lucie County indicate a need for a lesser angle of intersection. 7. Street jogs or centerline offsets between any local street or road with another local street or road, shall be no less than one hundred fifty feet (150). 8. The intersection of any two local roads or streets with a Major Collector or Arterial Roadway shall be separated by a minimum distance of six hundred sixty feet (660), as measured from centerline to centerline. 9. Permanent dead-end streets shall not exceed one thousand feet (1000) in length. Cul-de-sacs shall be provided at the end of all dead end roads or streets greater than five hundred and one (501) feet in length. The length of a dead-end street shall be measured along the centerline of the street from the its point of perpendicular intersection with the centerline of intersecting street to the end of the dead-end street or roadway. All cul-de-sacs shall have a minimum right-of-way diameter of one hundred (100) feet. If the dead end roadway is five hundred (500) feet or less in length, a ·V· or "T" type of turn around may be approved. If a dead end street is temporary in nature then a temporary cul-de-sac shall be required until the roadway is connected to another street or road. In the center of the cul-de-sac an unpaved island, surrounded by a curb, improved with grass and landscaping that will not interfere with sight distance, may be provided. Center islands shall have a diameter of not less than seventeen (17) feet, unless otherwise approved through the review of the Planned Unit Development. 10. All roadways, exclusive of interior parking and access aisles areas, regardless of ownership, shall be located a minimum of ten (10) feet from any exterior building walls, except for security gate houses or similar security structures located in a private street or road right-of-way. 11 . Any pedestrian circulation system and its related walkways shall be insulated from the vehicular street system. This shall include, when deemed to be necessary by the Board of County Commissioners, pedestrian underpasses or overpasses in the vicinity of playgrounds and other recreation areas, local shopping areas, and other neighborhood uses which generate a considerable amount of pedestrian traffic. SL lucie County Land Development Code AdapIN August 1, 1990 7-5 Revised Through 05115104 '-' ,...., 12. Access points on all collector or arterial streets serving a Planned Unit Development shall be located and spaced so that traffic moving into and out of the arterial streets do not cause traffic congestion. F. PARKING AND LOADING 1. General Provisions a. The number, type, and location of parking spaces shall be determined at the time of final Planned Unit Development plan approval. The determination of the number of spaces required shall be based on Section 7.06.01 (F) of this Code. The number of parking spaces required by this section may be reduced based on substantial competent evidence that the reduced number of spaces is adequate for the proposed use or that parking may be shared by proximate uses that operate at different times or on different days. b. Reserved parking spaces may be provided, in lieu of paved spaces, subject to Section 7.06.02(C) of this Code. 2. Off Street Parking and Loading Off-street parking and loading requirements are governed by Sections 7.06.02 and 7.06.03 of this Code, and the following standards: a. Off-street parking and loading areas shall be designed to provide travelways between adjacent uses while discouraging through traffic. b. Off-street parking and loading areas shall be screened from adjacent roads and pedestrian walkways with hedges, dense planting, or changes in grades or walls. 3. On Street Parking In Planned Unit Developments, on street parking may be used so long as the road on which the on-street parking is proposed lies entirely within the limits of the defined Planned Unit Development and such parking would not contravene any other provision of this Code or the St. Lucie County Code of Ordinances. Where such on street parking and loading is used, it shall be consistent with the following design standards: a. The minimum size of a parking stall shall be as follows: parallel angled handicapped(parallel) handicapped(angled) 8 feet X 23 feet 10 feet X 18 feet 12 feet X 23 feet 12 feet X 18 feet b. Handicapped parking spaces shall be appropriately marked. c. Access for emergency fire vehicles shall be in accordance with NFPA standards. St. lucie County Land Development Code AdapIId August 1, 1990 7-6 Revised Through 05115104 '-" ....., d. No more than fifteen (15) parking spaces shall be permitted in a continuous row without being interrupted by a minimum landscape area of 360 square feet. G. LIGHTING All lighting facilities shall be arranged in such a manner so as to prevent direct glare or hazardous interference of any kind to adjoining streets or properties. H. LANDSCAPING AND NATURAL FEATURES 1. Native trees and vegetation and other natural features shall be preserved to the extent practicable. 2. All sensitive environmental vegetation, trees and areas shall be preserved to the extent practicable. 3. Landscaping for off-street parking and loading areas shall meet the minimum requirements of Section 7.09.00. I. OPEN SPACE STANDARDS 1. A Planned Unit Development that is proposed in any. Residential, Conservation, Special District or Mixed Use Future Land Use Category shall conform to the following open space standards: a A minimum of thirty~five (35) percent of the gross area of land to be committed to a Planned Unit Development must be for use as common open space, which may include, parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common open space, common landscaping and planting areas, or other areas of public purposes or use other than street, road or drainage rights-of-way, above ground utilities, excluding stormwater treatment facilities, and parking areas. A minimum of 15 percent of any existing native upland habitat on the property must be preserved in its natural condition as part of the required 35 percent common open space. For each acre of preserved native habitat above the required minimum 15 percent that is preserved in its original state, credit shall be given at a rate of 150 percent per acre towards the remaining common open space requirement. All areas to be dedicated for common open space shall be identified as part of the Preliminary Development Plan for the Planned Unit Development. Areas that are floodways, lakes, wetlands, and stormwater retention areas may be applied to satisfy the total common open space requirement, subject to the requirement that 15% of any existing native habitat on the property must be included as part of the required 35% common open space. As part of the Final Planned Unit Development submission process, the developer or petitioner for the Planned Unit Development shall provide for one of the following: Sllucle County Land Development Code Adopted August 1, 1990 7-7 Revised Through 05115104 '-'" ..." 1 . The advance dedication of all common open space to a public, or acceptable private, agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. All such dedications or conveyances shall be completed prior to the issuance of any building permits, including land clearing, for any portion of the Planned Unit Development ;or, 2. A phased conveyance of the land to a public or acceptable private agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. The schedule for the phased conveyance of any such lands to be used for common open space shall be a specific condition of approval for the Planned Unit Development. b. No parcel of land identified for use as a park or common open space shall be less than one (1) contiguous acre, and all such areas shall be physically part of the Planned Unit Development. c. Areas provided or reserved to meet any other environmental preservation or protection requirement of this code or other lawful regulatory authority may be counted towards the overall common open space requirement, provided that the common open space meets the requirements of this Code. 2. A Planned Unit Development that is proposed in any Agricultural Future Land Use Category shall conform to the following open space standards: a. For any Planned Unit Development, equal to or less than 160 acres in gross area and involving eight (8) or less lots or parcels, a minimum of 50% of the gross land area to be committed to the planned unit development must be for use as open space, of which 35% of the gross land area is to be retained as common open space. For the purpose of this paragraph, open space, in an agricultural PUD, including the required common open space, may include, parks, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common recreation areas, common open space, common landscaping and planting areas, pastures and productive agricultural areas which may be held in either common interest, individual interest, or other areas of public purpose or use other than street, road or drainage rights-of-way, common parking areas and above ground utilities, excluding stormwater treatment facilities. For any Planned Unit Development, greater 160 acres in gross area or eight (8) divisions, a minimum of 80% of the gross land area to be committed to the planned unit development must be for use as open space, of which a minimum of 35% of the gross land area is to be retained as common open space which may include, parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swim- ming beaches, common open space, common landscaping and planting areas,or other areas of public purpose or use other than street, road or drainage rights-of-way, above ground utilities, excluding stormwater treatment facilities, and parking areas. Sl LuåI CcuIIy UncI Development Code AdapIId AI9IIt 1. 19110 7-8 Revised Through 05115104 ~ ...., b. A minimum of fifty (50) percent of any existing native upland habitat on the property, must be preserved in its natural condition as part of the required open space. For each acre of preserved native habitat above the required minimum 50 percent that is preserved in its original state, credit shall be given at a rate of 150 percent per acre towards the remaining open space requirement. c. All areas to be dedicated for open space shall be identified as part of the Preliminary Development Plan for the Planned Unit Development. Areas that are floodways, lakes, wetlands, and stormwater retention areas may be applied to satisfy the total open space requirement, subject to the requirement that 50% of any existing native habitat on the property must be included as part of the required 80% open space. As part of the Final Planned Unit Development submission process, the developer or petitioner for the Planned Unit Development shall provide for one of the following: 1 . The advance dedication of all open space to a public, or acceptable private, agency that will, upon acceptance, agree to maintain the open space and any buildings, structures or improvements that have been placed on it. All such dedications or conveyances shall be completed prior to the issuance of any building permits, including land clearing, for any portion of the Planned Unit Development; or, 2. A phased conveyance of the land to a public or acceptable private agency that will, upon acceptance, agree to maintain the open space and any buildings, structures or improvements that have been placed on it. The schedule for the phased conveyance of any such lands to be used for open space shall be a specific condition of approval for the Planned Unit Development; or, 3. The identification of restrictive easement or plat dedication that would serve to create a perpetual conservation or use restriction easement over those portions of the properties that are to be kept as open space meeting the requirements of this section d. No parcel of land identified for use as a open space shall be less than one (1) contiguous acre, and all such areas shall be physically part of the Planned Unit Development. e. Areas provided or reserved to meet any other environmental preservation or protection requirement of this code or other lawful regulatory authority may be counted towards the overall open space requirement, provided that the open space meets the requirements of this Code. J. SETBACKS FROM AGRICULTURAL LAND Planned Unit Developments adjacent to land used for agricultural purposes, or designated for agricultural use on the Future Land Use Map of the St. Lucie County Comprehensive Plan, shall provide setbacks from the agricultural land sufficient to protect the function and operation of those uses from the encroachment of Urban activities or uses. SI. lucie CounIy Land DeveloplTlllnl Code AdapIId August " 1990 7-9 Revised Through 05I15J04 '-' ...., K. CLUSTERING OF DEVELOPMENT Planned Unit Developments in all Future Land Use Categories are required to design the project in a clustered manner. Planned Unit Developments in the Residential, Conservation, Special District or Mixed Use Future Land Use Categories are required to design the project in a clustered manner that will reduce the cost of required infrastructure, provide for large intergrated common open space areas, and provide for reduced long term maintenance costs for the community. In the Agricultural Land Use Categories clustered development is intended to reduce the cost of required public infrastructure. L. PHASING 1. A Planned Unit Development may be developed in more than one stage or phase. 2. If a Final Development Site Plan approved by the Board of County Commissioners is to be developed in stages or phases, each successive phase shall be constructed and developed in a reasonably continuous fashion. No more than two (2) years shall elapse between the completion of any stage or phase, and the final stage or phase shall be completed within ten (10) years of the date of Final Development Site Plan approval. Extensions of the above requirements are subject to approval by the Board of County Commissioners. Unless otherwise amended by the Board of County Commissioners through the Final Development Site Plan review process, the following sequence of development must be adhered to: a. One or more major recreation facilities and other major amenities, planned to serve the entire development, shall be completed or adequate security posted prior to the issuance of building or mobile home permits of more than forty (40) percent, or other percentage as determined by the Board to be appropriate based on circumstances that include the size of the project and the proposed phasing schedule, of the total number of authorized dwelling units. Recreation facilities or facilities and other amenities planned to serve one (1) phase of a multi-phased development shall be completed or appropriate security posted prior to issuance of building or mobile home permits or the recording of any final plat within that phase. b. No commercial facility shall be permitted prior to the completion of at least forty (40) percent of the total number of authorized dwelling units; and, c. For Planned Unit Developments to be constructed in stages or phases, the net density of an individual stage or phase may vary from the approved Final Site Plan subject to the requirements in Section 11.02.05. M. SIGNS 1. Signs within any Planned Unit Development, less than or equal to 200 acres in overall area, shall comply with the provisions of Chapter 9 of this code, provided however, that the Board 51. Lucie Counly Land Development Code Adopted AugUlt 1, 1990 7 - 10 Revised Through 05115104 - '-' ~ of County Commissioners may condition approval of a Planned Unit Development upon compliance with more stringent sign regulations in order to ensure design consistency throughout the proposed development, to ensure compatibility with surrounding land uses, to ensure public safety and prevent public harm, and to ensure compliance with the St. Lucie County Comprehensive Plan. 2. Signs within any Planned Unit Development, greater than 200 acres in overall area may submit a general signage plan for the Planned Unit Development, as part of the Final Planned Unit Development Plan submissions. The general signage plan shall be based on the general dimension and size standards applicable to other similarly designated residential property; provided, however, that the Board of County Commissioners may condition approval of a Planned Unit Development upon compliance with more stringent sign regulations in order to ensure design consistency throughout the proposed development, to ensure compatibility with surrounding land uses, to ensure public safety and prevent public harm, and to ensure compliance with the St. Lucie County Comprehensive Plan. sa. lucie CoII1Iy Land Developmenl Code AdDpIId Au UIt 1. 1990 7 - 11 Revised Through 05I15J04 ...---- ... .... '-" ...., Suggested motion to recommend approval/denial of this requested change in zoning. 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 11.06.03, 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 APPLICATION OF UNITED HOMES INTERNATIONAL, INC., FOR A CHANGE IN ZONING FROM THE RS-3 (RESIDENTIAL, SINGLE-FAMILY - 3 DU/ACRE) AND RM-5 (RESIDENTIAL, MULTIPLE-FAMILY - 5 DU/ACRE) ZONING DISTRICTS TO THE PUD (PLANNED UNIT DEVELOPMENT - CELEBRATION POINTE) ZONING DISTRICT, BECAUSE .... [CITE REASON[S] 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 11.06.03, 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 APPLICATION OF UNITED HOMES INTERNATIONAL, INC., FOR A CHANGE IN ZONING FROM THE RS-3 (RESIDENTIAL, SINGLE-FAMILY - 3 DU/ACRE) AND RM-5 (RESIDENTIAL, MUL TIPLE- FAMILY - 5 DUlACRE) ZONING DISTRICTS TO THE PUD (PLANNED UNIT DEVELOPMENT - CELEBRATION POINTE) ZONING DISTRICT, BECAUSE.... [CITE REASON[S] WHY - PLEASE BE SPECIFIC]. ..... '-' November 5, 2004 ..." BOARD OF COUNTY COMMISSIONERS COMMUNITY DEVELOPMENT DIRECTOR In accordance with the S1. Lucie County Land Development Code, you are hereby advised that United Homes Int'l, Inc., has petitioned S1. Lucie County for a Change in Zoning from the RS-3 (Residential, Single-Family - 3 du/acre) Zoning District to the PUD (Planned Unit Development - Celebration Pointe) Zoning District for the following described property: Location: Southeast corner ofthe intersection ofNOI-th Jenkins Road and Peterson Road. THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The first public hearing on the petition will be held at 6:00 P.M., or ll!ì soon thereafter as possible, on November 18,2004, County Commissioner's Chambers, St. Lucie County Administration BuDding Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Planning and Zoning Commission at least 3 days prior to a scheduled hearing. County policy discourages communication with individual Planning and Zoning Commission and County Commission on any case outside of the scheduled public hearing( s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the Planning and Zoning Commission are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission. with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he 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-celia in. Anyone with a disability requiring accommodation to attend this meeting should contact the S1. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call (772) 462-1582 if you have any questions, and refer to: File Number: PUD-04-016/RZ- 04-015. Sincerely, ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION COì '~~~~l~ Carson McCurdy, Chairman a . JOHN D. ßRUHN, DisTriCT No.1' DOUG COWARD, DistricT NO.2' PAULA A. LEWI5, DistricT No. J . FRANNIE HUTCHIN50N, DistricT NO.4' CLIFF DARNE5, Districr No 5 County AdministroTor - Douglos M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 · Planning: (772) 462-2822 · GISfTechnical SeNices: (772) 462-1553 Economic Development: (772) 462-1550 · Fax: (772) 462-1581 Tourist/Convention: (772) 462-1529 · Fax: (772) 462-2132 www.co.st-Iucie.fl.us ... '-' ~ ... Celebration Pointe PUD Benefits (1) Open Space The PUD requires the Applicant to set aside 35% of the property for open space that development under straight zoning would not require. (2) Buffer Perimeter The Applicant is providing a landscape buffer, measuring a minimum of 20 feet around the perimeter of the entire project, which would not be required under straight zoning. (3) Jenkins Road Donation The Applicant is donating 20 feet along the western boundary of its property for future widening of Jenkins Road. (4) Jenkins Road Runoff The Applicant is sizing its lakes to accommodate the runoff and provide water quality treatment for the future widening of the east half of Jenkins Road, adjacent to the subject property, which will prevent the County from having to purchase lands for those purposes. The Applicant will also coordinate with the County Engineering Department for the provision of stub-outs required for accommodating the runoff. (5) Peterson Road Donation The Applicant has agreed to donate 45 feet along its northern boundary for the future widening of Peterson Road. (6) Water Management Areas for Five Mile Creek The Applicant has agreed to create a 250-foot water management area, with meandering pathways and three gazebos, for Five Mile Creek and has coordinated with the adjacent developer on linking the Five Mile Creek water management areas for both projects. (7) Swain Road The Applicant is improving Swain Road, to County standards, along the frontage of its property as a first link for the proposed future connection of Okeechobee Road to Peterson Road. Stuart 203617.1 -- 'w 'w( (8) Maintenance of Drainage Canal The Applicant has agreed that the homeowners association for the development will maintain the drainage canal fÌom North St. Lucie River Water Control District. (9) School Bus Shelters The Applicant is providing 10- by 20-foot gazebos for school bus stop shelters at each entrance ofthe project along Jenkins Road for the protection ofthe school children. (10) Work Force Housing As part of the project, the Applicant is providing work force housing in the fonn of 2- story town homes, which are estimated to be priced between $170,000-$190,000, and single-story villas priced between $150,000-$180,000. Page 2 of2 Stuart 203617.1 t ....., ITEM NO...2 DATE: January 18, 2005 AGENDA REQUEST REGULAR: (X) PUBLIC HEARING: ( ) CONSENT: ( ) SUBMITTED BY (DEPT): PUBLIC WORKS - ADMIN PRESENTED BY: (~~~* .W~ Public Works Director TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Lakewood Park Stormwater Design of Capital Improvements BACKGROUND: As a result of damages that occurred during Hurricane Frances and Jeanne, two (2) of the water control structures in the Lakewood Park subdivision must be replaced. This presents an opportunity to revisit the control of permitted discharge of stormwater from lakewood Park. In recent conversations with SFWMD, we have discussed the concept of installing operational water control structures. This would provide greater flexibility in controlling water levels in the internal canal and lake system. Other issues that should be considered include capital improvements to provide a higher level of flood protection for Lakewood Park. FUNDS AVAILABLE: Funds are currently available in the Transportation Trust Capital Budget 101002- 41121-563000-425047 in the amount of $31,800.00, and funds in the amount of $138,500 will be made available in account 101003-41131-560000-425047 Local Option. $60,000 from the Seminole Canal account will be reallocated for this project. PREVIOUS ACTION: 06/11/96: Approval of contract with Hazen & Sawyer in the amount of $47,765.00 for analysis and design of internal improvements to the Lakewood Park Stormwater System. 11/08/00: Approval of contract with Hazen & Sawyer in the amount of $17,100 for evaluation of the FPFWCD Canal System improvements to increase discharge from Lakewood Park. 03/27/01: Approval of WA #3 with Hazen & Sawyer in the amount of $4,770.00 for surveying related to evaluation of FPFWCD Canals. 10/21/03: Approval of WA #4 with Hazen & Sawyer in the amount of $19,900 for lakewood Pak Permit Modification for Eastwood Canal. 11/24/03: BOCC Workshop to discuss Stormwater Issues within lakewood Park. 07/27/04 W.A. #9 with Hazen & Sawyer for a lake Enhancement Strategy Plan in the amount of $21,500.00. RECOMMENDATION: Public Works Staff is recommending Board approval to negotiate with Hazen & Sawyer Engineers for a proposal to provide conceptual design and permitting of Phase 1, 2 & 3 for capital improvements to lakewood Park stormwater, and final construction drawings for operational water control structures. l' ~ .4 " '-' ..""" ~PPROVED o OTHER: o DENIED CE: COMMISSION ACTION: Approved 5-0 Do sAnderson County Administrator Review and A~~aIS . 181 County Attorney: ~ 181 Purchasing: ~(J 181 Management and Budget: 181 Finance: \..Of ~ o Parks & Recreation: o Environmental lands: o Other Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. .. to \ ~ .....,¡ PUBLIC WORKS DEPARTMENT ADMINISTRATION MEMORANDUM TO: Board of County Commissioners Don West, Public Works Dlrector~'\ \' January 18,2005 FROM: DATE: RE: Lakewood Park Stormwater Design of Capital Improvements ************************************************************************************************************ BACKGROUND: As a result of damages that occurred during Hurricane Frances and Jeanne, two (2) of the water control structures in the Lakewood Park subdivision must be replaced. This presents an opportunity to revisit the control of permitted discharge of stormwater from Lakewood Park. In recent conversations with SFWMD, we have discussed the concept of installing operational water control structures. This would provide greater flexibility in controlling water levels in the internal canal and lake system. Other issues that should be considered include capital improvements to provide a higher level of flood protection for Lakewood Park, see attached excerpts from previous studies. In November of 2003, the County held a workshop with the residents of Lakewood Park to discuss stormwater issues. Based upon previous studies by Hazen & Sawyer Engineers, several projects were identified that could improve the level of flood protection for Lakewood Park. These projects were laid out in a potential three phase process: » Phase 1 includes internal improvements that would help to convey stormwater runoff from the streets and roadside swales, to the canal system. » Phase 2 includes downstream improvements that would help to convey stormwater through the FPFWCD canal system. This would involve replacement of several large culvert pipes that are in the FPFWCD canals. » Phase 3 includes primary water control structure replacement with operable control gates. All of the above improvements will require preparation of design plans and permit "approvals. This process will take about 12-18 months to complete. In the last twelve months, SFWMD has been working with the residents of Lakewood Park to develop a management plan for the artesian wells within the subdivision. The County is assisting with the development of a lake management plan, to improve the water quality in the internal lakes. Based upon prévious studies performed by Hazen & Sawyer Engineers, the estimated - , -. '-' "wi costs of the identified capital improvements are listed below: Phase 1 Internal Stormwater Improvements Phase 2 Downstream Canal Improvements Phase 3 Primary Water Control Structures Engineering Design & Permitting MSBU Administrative Costs Total Estimated Cost $ 496,000 $1,235,000 $ 500,000 $ 250,000 $ 744,000 $3,225,000 Additionally, to implement the capital improvements to increase the allowable discharge of stormwater, the residents of Lakewood Park would have to agree to pay a user fee to the FPFWCD. Based upon recent conversations with the FPFWCD Staff, the user fee is currently $8 per year per single family residence. This would be an ongoing annual fee. The stormwater user fees would have to be collected by either the County or the Lakewood Park Property Owners Association. An Interlocal Agreement between the County and the FPFWCD, would allow the County to collect the user fees to be paid to the Drainage District. A Municipal Service Benefit Unit (MSBU) could be established to provide the funding for the capital improvements. Based upon a benefit unit containing 3,700 property owners, the cost to each property owner would be approximately $875.00. This assessment would be a one time charge that could be paid over a 10 year time period. This would equate to about $130.00 per year per property owner, including administrative costs and interest charges. Stormwater MSTU revenue and grants could be used to reduce this assessment cost. However, the stormwater user fee (paid to FPFWCD) would be paid in addition to the capital improvement cost. This would result in a net cost to each property owner of about $138.00 per year. Currently, Hazen & Sawyer Engineers is working to prepare a lake enhancement strategy plan, to improve water quality in the internal lake system with Lakewood Park. The Lakes are currently owned and maintained by the Lakewood Park Property Owner's Association. Funds to implement capital improvements to improve the water quality in the lakes could be added to the assessment costs, if desired by the Lakewood Park Property Owner's Association. Based upon the above information, Public Works Staff is recommending that we proceed with design and permitting of final plans, for operational water control structures, and conceptual permits for Phases 1 2 & 3. Public Works Staff would proceed with negotiations with FPFWCD to establish an agreement for collection of the user fees. County Staff will work with the Lakewood Park Property Owners Association to pursue a petition for Stormwater Capital improvements through an MSBU. RECOMMENDATION: Public Works Staff is recommending Board approval to negotiate with Hazen & Sawyer Engineers for a proposal to provide conceptual design and permitting of Phase 1, 2 & 3 for capital improvements to Lakewood Park stormwater, and final construction drawings for operational water control structures. I ' . --.-.~~' ..5...;=:- ~ .. ..-/~ ",-.1', {_ I \ ' ,... .. \to. ~ ~s't _~.ft?. ~~ ~ \~~~ nD1i 1'· t~ëU! ¡GEliDY HEon~aJ; ~ HO· C-~B " ~--, " it ;"'H";:: ;">:"jj:,;,.- \ '-';"';L ¡ , :-,',:";;-:':, : '<';1-:. - :~, .~ ß ,- it if; ;:1>":::"{1 "'-''¡ "'-f,:,',',';}' '~~>-i;'i;; "'":....,..... . .. I ' .-1. :S- ,. '-' AGENDA REQUEST I-.....M NO. C-2B DATE: JUNE 11, 1996 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 PRESENTED BY: ~~~~t0p~ County Engl.neer TO: BOARD OF COUNTY COMMISSIONERS , SUBJECT: Lakewood Park Drainage Plan - Engineering Contract Proposal BACKGROUND: Staff has negotiated a contract with Hazen and Sawyer to provide professional engineering services for the evaluation, conceptual design, and pre- permitting of drainage improvements for the Lakewood Park subdivision for the amount of $47,765. This contract will be Amendment No.2 to the Stormwater Management Program Contract and will be Phase I of a three phase proposal. The cost and scope of services for Phases II and III will depend on the findings from the hydrologic/hydraulic analyses performed in Phase I. These services may include finalization of design plans and cost estimates, final permitting, and assistance' during construction. Basèd on the results of Phase I, the costs will be differentiated as to County and MSBU (property owner) responsibility. FUNDS AVAIL. (State type & No. of transaction or N/A): $50,000 has been appropriated for the Lakewood Park Drainage Plan in the 1995/1996 CIP Budget from the Local Option Gas Tax. Funds are available in 101003-41134-599300- 425046. PREVIOUS ACTION: None RECOMMENDATION: Staff is recommending approval of the proposed Scope of Services from Hazen ' and Sawyer for Phase I of the Lakewood Park Drainage Plan in the amount of . $47,765; and authorize contract execution by the Chairman. Staff requests approval of the proposed project budget as outlined in the attached memorandum. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] OTHER: [ ] DENIED County Attorney: Originating Dept.: Thomas R.L. Kindred County Administrator Review and AÞÞi;¡SV . Management and Budget: Public Works Director: j¿lJ_ Purchasing: Sr. Accounting Clerk: 'ßf'tM * ...~ .~;. - 1~·. COMÃ.6SION REVIEW: ~ 11, 1~ ENGINEERING MEMORANDUM NO. 96-258 TO: FROM: Board of County Commissioners County Engineer~f~ June 3, 1996 DATE: SUBJECT: Lakewood Park Drainage Plan - Engineering Contract Proposal BACKGROUND: , Staff has negotiated a contract with Hazen and Sawyer to provide professional engineering services for the evaluation, conceptual design, and pre-permitting of drainage improvements for the Lakewood Park subdivision for the amount of $47,765. This contract will be Amendment No. 2 to the Stormwater Management Program Contract and will be Phase I of a three phase proposal. The Scope of Services for Phase I includes: Review of previous stormwater management modelling to determine if full allowable discharge to the FPFWCD is being utilized. Survey of various locations within the subdivision to verify/calibrate previously collected as-built survey data. Hydrologic/hydraulic computer modelling of the stormwater management system based on calibrated as-built survey data. Evaluate system modifications needed to make full use of the currently permitted discharge rate. Determination as to whether· discharge rates in excess of currently permitted rates will be necessary, and if so, negotiate with FPFWCD for acceptance of these greater rates. Provide alternative drainage levels of service, along with costs, and assist the County in presenting options to residents. Develop conceptual level plans for drainage improvements, along with construction costs which will be differentiated as to County responsibility and MSBU resposibility. The cost and scope of services for Phases II and III will depend on the findings from Phase I. These services may include: Final design plans and construction documents. Final cost estimates. Prepare permit modifications to the SFWMD and FPFWCD as necessary to implement improvements. Provide assistance during bidding and construction as necessary. --, .;. .. """':~.t., '-' ...." The total project budget is to be established as follows: Engineering Services Reimbursables Reserve Total: $46,265 1,500 2.235 $50,000 RECOMMENDATION: Staff is recommending approval of the proposed Scope of Services from Hazen and Sawyer for Phase I of the Lakewood Park Drainage Plan in the amount of , $47,765; and authorize contract execution by the Chairman. Staff requests approval of the proposed project budget as outlined above. ~ ...."" <0 (J) <ò ~ 0> V I: CD " .~ > C) ò 0 0 '" ~ > u 0 " Ü <U ~ 0 ~ '" r- r- ¿ U C Z ~ 0 ~ '" CD In ~ --' 0 '" (.) <J) 4! <U <Ò ~ <I> ,.: 00 ItÌ aì '" > CD '" '" M r- E ..0 I: .. a < <J> <J> <I> <J> <I> M " .. ... .J: ~ <J> I: '" ~ 0 0 " :I: .;> " '" > ~ v (.) .>= M ;;:: i;; '" ;,¡. I'll CD 'is a. .= C) Ò <0 0 CD ...... M 0 '" " <U 10 0 0 In '" eo w E '" 0 0 CD C Z '" 0 0 r- eo c ~ 0 10 --:. C) .¡¡¡ <U ItÌ M ItÌ M ~ .¡ ~ .D .; .J: ~ " .. .. GI ...... '" 0 '" M ... .E (.) 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Scinta". 01["'[0 ......""'" .... ....- MlAWI - tfCUY'MXX) - BOCA RATON - n. PI:RŒ - RAlDGH - NE'l1R BY ... III 'I' -~ .-.----- . . ¡. . .. ~, Q -----,.---, , ~ ! f !i l~-: (' !L 1 i ---L.__'-..__", ~..__._-_.> II='CRm IIIR. M' ~ JiiE DRAINAGE IIf£A BCUI)MY So.. [I] A FI..Oœ IIf£A , , 0---- - ¡; -ilJ ~j i. , i ~ ! I it! I.· · ¡ I ¡: __==:-- ¡~~_.., -l.:.-- } .l~-- L· ì ! -,¡.~~ --< 800 300 0 800' 1'-eoo'-O' L I.."¡ I SCALE CONTRACT, CLIENTS PROJECT: .... ..- CCMIIY I.MIIIOCID ... DATt: '"~''' - CAD REFERENC£: ORAlNWAP SURFACE WATER ORAItAGE STUDY LAIC£Y«XI) PARK SIINSION DRAItAGE NÐS - - SHŒT:_ OF_ 1·... ENGINEERS PROJECT: 4280 OfIA.WHG: c-. ~ "wi BOARD OF COUNTY COMMISSIONERS PUBLIC WORKS DEPARTMENT March 26, 1998 Robert Fitzpatrick Lakewood Park Property Owners' Association, President 7508 Jennings Way Ft. Pierce, FL 34951 RE: Stormwater Management System Improvements Dear Mr. Fitzpatrick: This leUer is intended to summarize the status of potential improvements to the County maintained portion of the stormwater management system within Lakewood Park. On March 25, 1997, County staff met with the Lakewood Park Property Owners' Association Board of Directors to discuss potential improvements to the s,ubdivision's stormwater management system. At that meeting we discussed the options for funding stormwater improvements; these options being to wait until funds are made available under the County's new stormwater program, or to pursue the County's Municipal Service Benefit Unit (MSBU) program. The County has targeted Lakewood Park for enhanced maintenance of the stormwater system this year with funds from the stormwater program, however, there are no plans for capital improvements, Le., structural improvements to the conveyance system. Funding for capital improvements to upgrade the stormwater management system will be the responsibility of the property owners within the subdivision by forming an MSBU (with the County's assistance). As we discussed previously with the Board of Directors, for any significant capital improvements to the drainage system, the Fort Pierce Farms Water Control District (District) will require increased service fees for properties within the subdivision to account for the additional discharge of stormwater into the District's canal system. --. The stormwater system is currently permitted by the District to discharge 1 inch of stormwater runoff over a 24-hour period, Le., a volume of water equivalent to 1 inch of stormwater runoff from rainfall over the entire area of the subdivision. The District's main canal for recieving water (Canal No.1, which flows east into Taylor Creek) was designed to convey 2.6 inches of runoff from its drainage area in a 24-hour period. District representatives have affirmed that the District is willing to permit up to 2.6 inches of runoff from Lakewood Park provided that the canals directly downstream from the subdivision be improved to carry the 2.6 inches of runoff, and that reasonable service fees be paid by Lakewood Park property owners to the District to cover the costs of capital improvements JOHN D. ßRUHN, Distrier NO.1. KEN SATTLER, District NO.2· PAULA A. LEWIS, District No 3 . GARY CHARLES, District NO.4. CUFF ßARNES, District No.5 County Administrotor - Douglos M. Anderson 2300 Virginia Avenue · Ft. Pierce, FL 34982 Public Worl~s: (561) 462-1485 · FAX (561) 462-2362 Division of Engineering: (561) 462-1707 Fox 462-2362 · Division of Rood & ßridge: (561) 462-2511 FAX 462-2363 Division of Solid Waste: (561) 462-1768 FAX 462-6987 · TDD (561) 462-1428 ~ 'r' 'WI Robert Fitzpatrick Page 3 March 26, 1998 Please call me at 462-1485 if you have any questions regarding the subdivision's stormwater system and potential improvements. If you have any questions regarding the County's MSBU program, please contact our MSBU Coordinator, Becky Padrick, at 462- 1707. Also, we would like to be informed if there is any consensus among the members of the Property Owners' Association as to whether they would like tó pursue an MSBU for stormwater improvements and if they would be willing to pay the increased service fees to the Fort Pierce Farms Water Control District. /J . )~ Co-)/~ E. Raw ns Collerain, P.E. Public' orks Director cc: Board of County Commissioners Doug Anderson, County Administrator Don West, P. E., County Engineer Mike Bowers, Road and Bridge Manager Mike Wrock, Engineer Intern Becky Padrick, MSBU Coordinator Rob Taylor,P.E., Hazen and Sawyer Dick Hellstrom, P.E., Fort Pierce Farms Water Control District - Chief Engineer '-' AGENDA REQUEST ,,----..-.... ill Œ œ Œ n ~f ri r"r,: o ~. --------, i!,:· . (i H ¡ 1 NOV I 5 AÌ'.'¡ ! ; ~i ) ¡ ~ .-.- ~ ¡ I ... .- ._...J ! TO: BOARD OF COUNTY oMmfSsl!QN€gS~: :-; _. SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 "'" ITEM NO.' t-2A DATE: November 8, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: ~~~.f. ~ (Donald B. We¿t, P.E. County Engineer SUBJECT: Work Authorization NO.1 with Hazen & Sawyer Engineers, Inc., for the evaluation of Ft. Pierce Farms Canal System to handle additional discharge from Lakewood Park. BACKGROUND: The Lakewood Park Property Owners' Association has requested help from St. Lucie County to explore the possibility of increasing stormwater discharges from Lakewood Park Subdivision into the Ft. Pierce Farms Canal System. (See attached letter dated February 16,2000.) The Lakewood Park Subdivision is currently designed and permitted to discharge a maximum of 1" per day of stormwater runoff from the entire neighborhood. This discharge limitation d.ates back to a 1945 agreement between the original landowners of Lakewood Park and the Ft. Pierce Farms Water Control District. Ft. Pierce Farms has indicated that the 1945 agreement would have to be amended and the user fees would have to be increased to allow the increased discharge. Several areas within Lakewood Park are floodprone, primarily during extreme rainfall events, and would benefit from the increased discharge capability. The attached letter from Ft. Pierce Farms, dated April 17, 2000, outlines the procedure required to establish whether or not the Lakewood Park discharge could be increased to the desired 2.6" per day. The applicant, Lakewood Park Property Owners' Association, must perform a hydraulic analysis of the Ft. Pierce Farms Canal System and demonstrate that the additional discharge from Lakewood Park will not impact the downstream users. Based upon the modeling, if there are impacts, then improvements to the canals must occur to offset the impacts. This may involve widening canals or replacing and upsizing large culvert pipes in the canal system. The attached engineering proposal (Work Authorization NO.1 with Hazen & Sawyer Engineers), outlines the work that is necessary to perform the modeling analysis. The contract includes: surveying, modeling, evaluation of the canal system, preparation of a cost estimate for any required improvements, and coordination with Ft. Pierce Farms Water Control District and South Florida Water Management District. If improvements to the Ft. Pierce Farms Water Control District Canal System are required, it is likely that engineering design plans and permits will be required to accomplish the necessary canal improvements. ..."" Completion of this canal modeling will give us a total picture of the costs involved in increasing the Lakewood Park stormwater discharge. In 1996, Hazen & Sawyer analyzed the internal stormwater system within Lakewood Park, and determined that $380,000 in improvements would be required to modify the internal neighborhood system to handle the additional discharge. '-'" FUNDS AVAIL.: 330-4114-563003-3803; 330-4114-563005-3803- Lakewood Park Fund/Capital Proj ects. PREVIOUS ACTION: 1996 Study, Hazen & Sawyer Engineers, Inc. 2000 Study, Hazen & Sawyer Engineers, Inc. RECOMMENDATION: Engineering Saff recommends approval of Work Authorization No.1 with Hazen & Sawyer Engineers, Inc., in the amount of $17, 1 00 for evaluatiQn of the Ft. Pierce Farms Water Control District Canal System and signature by the Chairman. . þc] APPROVED [ ] OTHER: [ ] DENIED u as Anderson ounty Administrator COMMISSION ACTION: [x]County Attorney J)r [x]Originating Dept. Public Works Ll~ Coordination/SiQnatures [x]Mgt. & BUdget#- '"1J1~ [x]Co. Eng~ \N . . [x]Revenue Coord. ßftr\ [ ]Other [ ]Finance (check for copy only, if applicable) fpfwcd/lwph&swa.ag ~ "'" ...., HAzEN AND SAWYER St. Lucie County Public Works Department Fort Pierce Farms Water Control District Canals No.3, 4, and 5 Drainage Capacity Analysis November 2003 Prepared By: Hazen and Sawyer, P .C. 1905 S. 25th Street Suite 103 Fort Pierce, FL 34950 FtP:40363R005.doc ....,,~-',.~.~....~.~, ·II\-,",..~ -j"~=:_,j-'-" I. ~~rì:=:" ¡I'"; -- ~l-¡--T :1 i /1 , a · l·, . : ; .,fl', / .)( , C) C) ct ~ (') ". 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"'" """ / / ./ÎI x-- L- I!._ .;.......;-.,.. ,_ ...._ '\. ,~ . /. -.", IlAzENAND SAWYER i---J ¡ [ L i. r--t-~-l i !. .\i '. _ .~--=-~ . (¡J "".- (» .~ . J: "~.' 3··, ~x. ...... ~ ...$'.... '.- .~'I.' \ \ -{- \,j 'F' f! :::J::;;-':'. .-_ ! ~ ~ jn ¡ j--: ¡ '--- ._- -~ ! .... . . , . ~' ~V~f fj '. ~ft.. Ii ~) ~. fll~"i I ~ t ! 0\...../· I t j ¡t t I .~='"'...;=:- t:. ......--.-~--r'"" ',\-~. ; ~ ... ,,::. c ~ . ¡ .I-L · I I · ., . :¡-.. ¡, " " .' ~ · . .~ i l.~ f '-'---'-... .. -~--- r~ '. It ~ ...-" " J-- - ." .......- (. / '. I I ..- ·1·' ~:. . ¡ [I' ··-·-w ~-1~1 xJc: ... . ----- - . ..-- , . ~ i "J 6>~" r.. -~...~.:., ,: i! ~ ! J ¿ : I; . , I ..... I \.0 I,! ¡. ............... BASIN BOUNDARY Environmental Engineers & Scientists MARDI EXECUTIVE CENTER 1905 SOUTH 25TH STREET FORT PIERCE, FL. 34947 (561) 489-0066 IIUVI\L <:!. I T ~ "'r i ~ ~ "ì ....,..... ~, r/ .,/ /":,,-, t ¡ : ./' ;"Ii ? 'i:--..~::::7-----.. ~7"" iì \ '\s\ 1 J I \ I ;' !\ .~ ! I í-'-...: J "c,',-,:".fJ¡, - 1("1. 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IJ" (1,<LJ~:;h. ·~l'~f~DC;;ff~7 \\~(( ~,à/£~;~;~:~~<~~,.~-.~~ ;~~f~fi.. a .. ~ ~"i. r) j: !-f I j.·\··-"I~":!·_· ...- L l:~.r+¡J.·~~_..,. :': I~i"¡ ;, ~~~::.'R~~'·' :._-:-_.:s~:-~..~:fL....::..~:::::...: . ,. '.' . 'I ! r-, '" '. . 0_. .. --. .·c·' r' ;.; .. ... ....\ ,. < ·;fru "'''''... ~~~/~- .... -_. c;,:=~~· /.~l;~:r~j· i) j'-J"''''-:::f ~\;;:~.=:/r~::~·-JJ~/·; .; ',:'~. 'f;,'.~: ¡ :;þ.:~~~T~ ~.:~:r:. ~~<::~/:{tr;t~::-·~ x~ ro _..--:-:,~r---,( I I ,. ~'í"" ,/'-...>J'..':'" ,1·q;;fi:,':J¡;,~.:·,·;..JiI/:-~b-·)·i.~ ,.-.-~,<,--' .~. ~/ ,<.~~ ~-- ._~~,~' \,~, I \._. :)? /~,:>~;) ;'" 't,- .,'; ~~.;~,jj}-~;:_; ~._,\.-$~~ç;i;~~~" . ~ " . .--', -"! .' j , " .. , r~ ..... (-;~ h ---:f...- ..__. ~_ ..""- __ )( ~ z E ST. LUCIE COUNTY LAKEWOOD PARK 11=20001-01 2000 1000 0 (.- -J. · ..( - -- 2000' I DISCHARGE CANAL NETWORK '" ""'" HAzEN AND SAWYER INTRODUCTION In the 1950's, the Lakewood Park subdivision in northern S1. Lucie County was developed, and discharged stormwater directly to the furthest upstream (northern-most) reaches of Fort Pierce Farms Water Control District (FPFWCD) Canals No.3, 4, and 5. In 1988, S1. Lucie County approved the Lakewood Park Municipal Service Benefit Unit (MSBU) and performed paving and drainage improvements in the subdivision. At that time, FPFWCD and South Florida Water Management District (SFWMD) required control structures to be installed in FPFWCD Canal Nos. 3, 4, and 5. These structures separated FPFWCD Canal Nos. 3, 4, and 5 from their northern reaches. For the purpose of this analysis, the separated northern reach of Canal No. 3 is referred to as Eastwood Canal, the separated northern reach of Canal NO.4 is referred to as Kings Highway Canal, and the separated northern reach of Canal NO.5 is referred to as Seminole Canal. These canals are now under County jurisdiction. These primary control structures restricted discharge from the subdivision where it had previously been unrestricted, and caused an increase in nuisance flooding and in the duration of standing water in swales after storm events. The effect of the control structures was compounded by an artificially high water table within Lakewood Park, caused by over 20 lakes (with dedicated control structures) fed year-round by artesian spring wells. The canals, drainage areas, and control structures are shown on Figure 1. In 1991, a permit modification was approved to lower the permitted control elevations in Kings Highway and Seminole Canals by one (1) f1. to 16.0 f1. NGVD and 17.0 f1. NGVD, respectively. At the time of this analysis, a permit application has been submitted to lower the permitted control elevation in Eastwood Canal by one (1) ft. to 17.0 f1. NGVD. With the exception of Lakewood Park and Spanish Lakes County Club Village (SLCCV), much of FPFWCD Canals No.3, 4 and 5 contributing areas land use is agricultural. However, site work has begun for Portofino Shores, a 185.9 ac. subdivision permitted by SFWMD to discharge to Eastwood Canal. An additional· subdivision, Emerson Estates, is currently proposed to discharge to FPFWCD Canal NO.5. . In 1996, Hazen and Sawyer, P.C. conducted a capacity study of drainage basins within the Lakewood Park subdivision. This study recommended a number of modifications to the drainage system within Lakewood Park to remove internal flow constrictions. These recommendations also included improvements to the primary control structures to reduce external flow constrictions. However, the potential impact of the primary control structure improvements on FPFWCD Canals No.3, 4, and 5 was not considered in the 1996 analysis and is required for FPFWCD permitting. The purpose of the current analysis is to address the potential impact of primary control structure improvements on Canals 3, 4, and 5, and to assess the potential effect of the improvements on the Lakewood Park subdivision. DIRECTIVES The modifications proposed in the 1996 analysis would increase the discharge rate from the Lakewood Park subdivision. The analysis in this report was requested by S1. Lucie County to evaluate: 1) The performance of the Lakewood Park internal drainage system if improvements are limited to the referenced primary control structures. FtP:40363R005.doc Page 1 of 17 ~ \wi ...." HAzEN AND SAWYER prevent roadway flooding during the 1 0 year, 72 hour storm event, unless they include an increase in surface storage within the subdivision. . It is noted that the original (1988) SFWMD permit mentions that "design of the surface water management system is extremely dependent on the assumptions for stage-storage. Therefore, should actual storage be less than assumed, modification of the permit may be required to provide for additional storage within the system." Due to the proposed improvements' emphasis on flow capacity at lower stages, the capacity of the FPFWCD canal system to accommodate the proposed improvements is generally adequate, with the exception of one or two culverts on each canal. Slight decreases in peak discharge could further reduce the need for downstream culvert replacement. For example, a 2.0-inch per acre per day discharge from the Eastwood Canal would not require supplementation of the Indrio Road culvert. Design of the proposed control structures is sensitive to the constructed 10 year, 72 hour tailwater conditions in FPFWCD Canal No.1, which assumes a simultaneous peak with the Lakewood Park discharge. The tailwater used for the analysis is conservative from the perspective of Lakewood Park and is expected to allow the proposed improvements to perform well under tailwater conditions that may be experienced as downstream areas are developed. However, minor modifications to the proposed design may be necessary for permitting. COSTS Estimated proposed improvement costs include construction, 10% engineering, and a 30% contingency. Proposed improvement costs are shown below. Eastwood Canal! FPFWCD Canal No.3: Remove and replace control structure and culvert Supplement Indrio Road culvert with 2x42-inch DIP Oack and bore installation) Replace 4th crossing upstream of Canal No.1 with 6 x 9-ft. box culvert $ 181;000 $ 332,000 $ 135,000 Subtotal Eastwood Canal. .................................................. $ 648,000 Kings Highway Canal! FPFWCD Canal No.4: Modify control structure Replace Immokalee Road Crossing with 7 x 11-ft. box culvert $ 65,000 $ 220,000 Subtotal Kings Highway Canal............................................ $ 285,000 FtP:40363R005.doc Page 15 of 17 * HAzEN AND SAWYER '-' "wi Seminole Canal / FPFWCD Canal NO.5: Remove and replace control structure Supplement Indrio Road culvert with 2x30-inch DIP Uack and bore installation) $ 75,000 $ 227,000 Subtotal Seminole CanaL.................................................. $ 302,000 Internal system improvements (recommended in 1996) * 1996 dollars: 2003 dollars (assuming 4% annual increase): $ 378,000 $ 496,000 Subtotal Internal System Improvements.............................. $ 496,000 $ 1,731,000 Total Improvement Costs................................................... * Internal system improvement costs do not include Drainage Area No.4, which discharges to FPFWCD Canal NO.6. CONCLUSIONS AND RECOMMENDATIONS The proposed improvements to the Lakewood Park control structures and FPFWCD Canals are predicted to moderately improve flood protection in Lakewood Park. Benefits from the proposed improvements are expected to substantially improve flood protection during minor storm events. Structure flooding in Lakewood Park has not been documented, and improvements to internal pipe components in conjunction with the proposed improvements are expected to yield moderate to substantial benefits. Lakewood Park has a typical level of impervious surface (i.e. roads and sidewalks), a typical restriction on stormwater discharge (from FPFWCD), but a lake system utilized for non- stormwater purposes. The proposed improvements will substantially improve system performance during minor storm events, but it is unlikely that any level of physical improvements will prevent roadway flooding during the 10 year, 72 hour storm event, without the addition of storage in the subdivision. It is recommended that improvements to the control structures and FPFWCD Canals be pursued in conjunction with the previously recommended internal pipe improvements and reduction in lake weir control elevations. The total cost of the recommended improvements is estimated at $1,731,000. External funding opportunities for the proposed improvements are unlikely without the addition of storage to the regional surface water management system. External funding sources may also be compromised by continued operation of the artesian well system, which is viewed by regulatory agencies as an undesirable use of groundwater resources (and would not be allowed in a modern surface water management system). However, it is possible that external funding could be acquired for a comprehensive regional solution that increases the net storage in the regional surface water management system. FtP:40363R005.doc Page 16 of 17 * - .1 ~ ..""" ITEM NO. C 2f DATE: 10/07/03 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: ( X ) PRESENTED BY: SUBMITTED BY (DEPT): PUBLIC WORKS - ADMIN ~~~t·~ Public Works Director SUBJECT: Lakewood ParkStormwater Permit Modification. Engineering Design Contract with Hazen & Sawyer Engineers. BACKGROUND: The Eastwood Canal in northwest St. Lucie County receives stormwater discharge from the Lakewood Park subdivision, Spanish Lakes County Club Village, and a new development, Portofino Shores. The Eastwood Canal discharges stormwater through its control structure to the Fort Pierce Farms Water Control District (FPFWCD) Canal No.3. Residents of Lakewood Park have raised concerns over the increased discharge from the Portofino Shores Development and possible impacts to the Lakewood Park and Eastwo·od Canal stormwater system. At the request of County Staff, Hazen & Sawyer Engineers has performed a hydraulic modeling analysis of the Eastwood Canal stormwater system. The system was modeled to evaluate any impacts that may result from the additional discharge generated by the new Portofino Shores Development. Based upon the design storm event (10 year, 24 hour rainfall) of 6.S" in 24 hours, the impacts are minimal. A meeting was held with representatives of SFWMD, FPFWCD, Portofino Shores, and County Staff to discuss the modeling results. Both Water Management Districts agreed to work with the County to permit a modification to the Eastwood Canal water control structure. This will insure that there are no adverse impacts to the Eastwood Canal system and the level of flood protection for the Lakewood Park subdivision is maintained. The attached engineering proposal from Hazen & Sawyer Engineers outlines the work required to prepare the necessary permit application, engineering design drawings and hydraulic modeling to secure a permit modification for the Eastwood Canal water control structure. The construction will be completed in the field by the Portofino Shores Developer, once the County obtains the necessary permits. FUNDS AVAILABLE: Funds will be made available in 101003-41131-S6300S-42S047-Transportation Trust Local Option Culvert Replacements. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the attached Work Authorization No.4 in the amount of $19,900.00, with Hazen & Sawyer Engineers & Scientists, Inc. for the Lakewood Park Permit Modification, and signature by the Chairman. ~ , 181 Ori,ginating ÐePt~(Pub. WkS.~ ~ 181 County Attorney: '~/;Ý' f)d1.t.o 181 Management and Budget: · Purchasing: Î ËrÁ.,P 0 Parks & Recreation: 0 Envlronmentallan"': 181 Finance: 00 0 Other . O'k m~fc:... ' Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561)-462-1428 at least forty-eight (48) hours prior to the meeting. .I l '-' COMMISSION ACTION: o APPROVED o OTHER: o DENIED Review and Approvals w CONCURRENCE: Douglas Anderson County Administrator UOjJÎJ¡)1{¡ FtP:40363R004.doc '-' "wi St. Lucie County Public Works Department Fort Pierce Farms Water Control District Canal No.3 I Lakewood Park Drainage Capacity Analysis Background and Methodology August 2003 Prepared By: Hazen and Sawyer, P.C. 1905 S. 25th Street Suite 103 Fort Pierce, FL 34950 '-" ""'" Introduction In northwest S1. Lucie County, the Fort Pierce Farms Water Control District (FPFWCD) Canal No.3 receives stormwater discharge from the Lakewood Park subdivision, Spanish Lakes Country Club Village (SLCCV), and adjacent agricultural or undeveloped lands. Stormwater discharge into FPFWCD Canal No.3 from developed areas is primarily controlled by the Lakewood Park control structure upstream of FPFWCD Canal No.3. S1. Lucie County's Eastwood Canal conveys stormwater from most developments in the area to the Lakewood Park control structure. A hydrologic/hydraulic model was developed for the Eastwood Canal, Lakewood Park control structure, and FPFWCD Canal NO.3. The model incorporated a previously developed model of eastern Lakewood Park's secondary drainage system. Additional contributing areas were modeled as single stage-storage nodes or as static inputs to the canal system. The discharge canal network is shown in Figure 1. The Lakewood Park control structure is shown in Figure 3. Model Scenarios Simulations were performed for the 10 Year, 24 Hour storm event with a total rainfall of 6.5 inches. This is the design event for FPFWCD. Simulations were performed to represent the following scenarios: . Existing Conditions · Proposed Conditions (including Portofino Shores, a development proposed to discharge to the Eastwood Canal) · Existing Conditions with a modified Lakewood Park control structure · Proposed Conditions (as described above) with a modified Lakewood Park control structure Kev Modell nputs Keymodel input parameters / assumptions include the following: Contributinq Areas Lakewood Park contributing area: SLCCV contributing area: 385 Ac. 324 Ac. Contributinq Flows Proposed Portofino Shores development to Eastwood Canal: Existing Portofino Shores parcel to Eastwood Canal: Area downstream of Lakewood Park control structure: (2.6-inches/day, distributed over 11 nodes) 10.3 cfs No input 120 cfs FtP:40363R004.doc Page 1 of 3 ~ L '-' MEMORANDUM Donald B. West, P.E. July 25, 2003 !~r~ ft~ iil Scenarios Model simulations were performed for the FPFWCD Canal No.3 and Lakewood Park subdivision drainage system, to represent the following scenarios: Existing Conditions Replacement/Modification of Control Structure only Each model simulation was performed with and without stormwater discharge from the planned Portofino Shores subdivision, to assess the specific impact of potential additional discharges from Portofino Shores. Results Table 1 shows peak flows and daily volumes discharged at the Lakewood Park Control Structures for each scenario. Due to timing of discharges and storage in this system (Lakewood Park and SLCCV), only part of the additional peak flow from Portofino Shores is realized at the control structure. Table 1: Selected Maximum Flows Exist. Exist. Condo Modification of Modification of Conditions* with Portofino C.S. ** C.S. with Portofino Q max at C.S. (cfs) 82.6 85.4 97.9 101.0 ~ Eq. Vol. (in/day) 1.18 0.84 1.28 1.10 * Existíng conditions assumes no stormwater input from the undeveloped Portofino parcel. Bleeder notch widened from 1.8-ft to 4-ft. This modification is constrained by control structure characteristics which prevent additional modification without full structure replacement. ** Table 2 shows peak stages at selected nodes. The impact of Portofino Shores on this parameter is slight under existing conditions, but more significant under the bleeder modification scenario which allow more flow to pass the Control Structure In addition, the with the Portofino input, the proposed bleeder modification appears to maintain the existing level of service upstream of the Control Structure. However, under this scenario, there is some impact to peak stages in FPFWCD Canal No.3. (0.1 to 0.4 - feet) downstream of the Control Structure Page 2 of 3 FtP:40363L006.doc 6. ~ .., MEMORANDUM Donald B. West, P.E. July 25, 2003 iC~~t~ ).t .t¡ Exist. Condo Modification of Exist. with Modification of C.S. with Conditions Portofino C.S. Portofino Stage Stage Stage Stage Node (ft NGVD) (ft NGVD) (ft NGVD) (ft NGVD) SLCCV 1 22.31 22.41 22.23 22.34 SLCCV 2 22.19 22.27 22.16 22.21 Eastwood Canal (at 22.80 22.83 22.77 22.80 SLCCV) Eastwood Canal (at 22.82 22.86 22.78 22.82 Portofino) C.S. 22.79 22.82 22.75 22.78 Indrio Up 18.26 18.34 18.56 18.62 Indrio Down 18.14 18.22 18.35 18.38 41h Crossina Up 18.04 18.10 18.17 18.20 4th Crossina Down 17.75 17.79 17.72 17.83 3rô Crossina Up 17.65 17.69 17.62 17.72 3rd Crossina Down 17.56 17.59 17.52 17.61 2nd Crossing Up 17.43 17.46 17.38 17 .48 200 Crossina Down 17.23 17.24 17.16 17.25 151 Crossina Up 17.04 17.04 17.04 17.05 151 Crossina Down 17.01 17.01 17.01 17.02 Canal 1 17.00 17.00 17.00 17.00 Table 2: Selected Nodes The current weighted allowable discharge for Lakewood Park and SLCCV is 1.73"/day. Adding in Portofino Shores (with its allowable discharge of 2.6"/day) raises the weighted rate to 1.91"/day. Thus, the system discharge could potentially be increased by approximately 75% over that achieved by the proposed outfall structure modification. In addition to requiring that the entire control structure be replaced, our initial modeling indicates that this increase would also necessitate significant upgrades to the FPFWCD system downstream. As noted in previous reports to the County, upgrades to the Lakewood Park and FPFWCD canal systems alone will only have limited benefits to the Lakewood Park Area. To realize full benefits in that basin, the internal (secondary) system modifications which were previously proposed would need to be implemented. Page 3 of 3 FtP:40363L006.doc '-' """ PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Dan McIntyre, County Attorney Don West, Public Works Director ?f~' SUBJECT: Lakewood Park Drainage MSBU FROM: DA TE: August 21, 2003 ****************************************************************** The Lakewood Park Property Owner's Association is considering the creation of an MSBU for drainage maintenance fees that would be paid annually to the Ft. Pierce Farms Water Control District. Collection of the $8.00 fee from each Property Owner would allow Lakewood Park to increase their drainage outfall into the FPFWCD Canal System. The Property Owner's Association is interested in using the attached ballot form to determine the degree of support for the improved drainage in Lakewood Park. I am requesting your review of the ballot form to determine if the county could use the results of the voting to suffice as a petition to create an MSBU. A ballot form will be mailed to'each Property Owner by the Property Owner's Association. Thanks for your help! DBW/sm c: Becky Padrick, MSBU Coordinator Julie Orben, LWP Property Owners Association *- Explanåti.on: Lakewood Park Property Owners are aware of or have experienced flooding in Lakewood Park after heavy rains. There are three canals( Eastwood, Kings Hwy., & Seminole) used for Lakewood Park drainage. Each canal is permitted to discharge 1 "inch of water per 24 hours into Fort Pierce Farms Water Control District canal system. Discharging a total of 2" of water per 24 hours will help to alleviate future flooding in Lakewood Park. If Fort Pierce Farms Water Control District will permit Lakewood Park to discharge an additional inch per 24 hours, the fee would be approximately $8.00 per lot per year. Note: If you are already assessed an $8.00 fee on your St. Lucie County tax bill under Non-Ad Valorem Assessments located on the lower portion of your tax bill, you will not be charged twice for your property(s) as the canal your property drains to is already discharging 2" of water. However, it is important for you to vote in order to allow an additional inch to be discharge from all three canals. Fort Pierce Farms Water Control District canals have a limited water capacity. With the many new developments being built in the area it is important for Lakewood Park to reserve water discharge space before it is allocated to future developments. Lakewood Park Property Owners Association Board of Directors will propose to St. Lucie County Tax Collector to collect this fee on théir annual St. Lucie tax bill. Upon the approval of Fort Pierce Farms Water Control District, Lakewood Park Board of Directors will need to act on this approval immediately by accepting it and to inform St. Lucie Tax Collector. In order to do this, property owners must return their ballot prior to Fort Pierce Farms Water Control District approval and prior to the day before the Lakewood Park Annual Meeting held on November 19,2003. Ballots must be received on or before November 17,2003 to be counted. Two- Thirds of prop- erly executed ballots must be received for approval. Ballots can be returned to the Lakewood Park Property Owners Office, mailed individually or mailed with annual maintenance fee payment. - - - -,- - - - - - - - - - - - - - - - - - - - - - - - - -- 2003 -2004 Lakewood Park Official ~ Approve Drainage Fee Ballot ~ Disapprove Print Name Lakewood Park Property Owners Association to accept the proposed request to Ft. Pierce Farms Water Control District for an additional inch of water discharge at the rate of @$7.70 per lot per year and to be billed through St. Lucie Tax Collectors an- nual tax billing. Address Customer ID # # located on invoice Signature BALLOTS MUST BE SIGNED ., PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Don West, Public Works Directo~lJ:I. SUBJECT: Meeting with SFWMD and Lakewood Park Property Owner's Association to discuss Artesian Well Closures. DA TE: May 19, 2004 ............................................................................... On May 17, 2004 Commissioner John Bruhn and Staff met with SFWMD and the Lakewood Park Property Owner's Association to discuss the closures of artesian wells in the lakewood Park Subdivision. The attached petitions from the Lakewood Part residents were presented to Mr. Henry Dean, the Executive Director ofSFWMD. Over the past 2 weeks, SFWMD staffhas pcrfonned extensive field surveying of the Lake and canal system within Lakewood Park, at the request of the County. Mr. Scott Burns, Director of SFWMD Water Use Division, shared the results of the field analysis and survey by the District. The attached list of summary points and exhibits was provided by Mr. Bums. Several actions were discussed and agreed upon at the meeting: >- SFWMD agreed to require phased closure ofthe artesian wells over a 3-year period. >- LWP will be required to close at least 9 of the 27 wells during the first year. Closure of the wells will require plugging the well casing with grout material to the full depth of the well. SFWMD will assist with technical specifications for cost effective methods of plugging the wells. >- SFWMD agreed to contribute 50% of the cost for well closure, estimated at $30,000. St. Lucie County agreed to recommend a contribution of up to 50% of the cost (for consideration by the BOCC) not to exceed $30,000. >- A seasonal-based management plan will be developed for the operation ofthe artesian wells that are to remain open during the first 2 years of the closure schedule. This plan will be developed by SFWMD staff, to be implemented by the L WP Property Owner's Association. > St. Lucie County agreed to pursue design, pennitting, and construction of operable water control '-" ...." structures to be placed on the 3 large canals that drain the L WP subdivision. The County would be responsible to operate the water control structures. This modification would provide flexibility to maintain higher water levels in the canals and lakes during the dry season, and would provide for better flood protection during the rainy season. }> St. Lucie County would assist L WP with the development of a plan for improving lake management with environmental enhancements such as aeration, filtration, and aquatic vegetation. }> L WP Property Owners Association would be responsible for implementation of the Lake Management enhancements, and for operation of the wells over the 3-year schedule. Implementation of lake enhancements will be subject to the availability of funding by the LWP Property Owner's Association. ~ All of the actions are subject to final approval by the SFWMD Governing Board and by the St. Lucie County Board of County Commissioners. Please call me if you have any questions or need additional information. c: Douglas Anderson, County Adnùnistrator Ray Wazny, Assistant County AdnùnistTator Jim David, Mosquito Control Manager Michael Powley, County Engineer Linette Trabulsy, Public Infonnation Officer "wi ITEM NO.t.S DATE: July 27,2004 AGENDA REQUEST SUBMITTED BY (DEPT): PUBLIC WORKS - ADMIN REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: ( X ) PRESENTED BY: ~%~~,~~ ( Don West T Public Works Director TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Lake Enhancement Strategy Plan for Lakewood Park Subdivision. Work Authorization No.9 with Hazen and Sawyer Engineers. BACKGROUND: In November of 2003, South Florida Water Management District (SFWMD) ordered the Lakewood Park Property Owner's Association to shut off the artesian wells that pump water into the 25 lakes within the subdivision. In April of 2004, County representatives met with the Lakewood Park POA to discuss the effects of the closure of the wells on the internal lake system. At the meeting, the County was presented with petitions (copy attached) requesting: 1) That the artesian wells not be capped. 2) That the State pay for closure of the wells, if they have to be capped. After the wells were turned off, several of the lakes experienced severe drawdown, as much as five to six feet. The lakes located adjacent to canals experienced the most severe drawdown. The-residents of Lakewood Park expressed concern over lake water levels and water quality degradation in the lakes. On May 17, 2004, Commissioner John Bruhn and Staff met with SFWMD and the Lakewood Park Subdivision. The attached May 19 memorandum outlines the results of this meeting. At the May 17th meeting, several strategies were discussed that would help to lessen the impacts from the closure of the wells, and improve the overall health and aesthetics of the lakes. The county agreed to provide assistance to the Lakewood Park POA with the development of a plan for improving lake management with environmental enhancements, to improve water quality in the lakes. The attached proposal from Hazen & Sawyer Engineers provides for the engineering services required to develop a lake enhancement strategy. County Staff will work with the Lakewood Park POA to formulate a committee to assist in development of the lake enhancement plan. Implementation of the plan will require the participation and commitment of the POA, as they are the owners of the subdivision lake system. FUNDS AVAILABLE: Funds will be made available in 101002-41121-563005-425047, Transportation Trust Constitutional Culvert Replacement. PREVIOUS ACTION: 06/11/96: Approval of contract with Hazen & Sawyer in the amount of $47,765.00 for analysis and design of internal improvements to the Lakewood Park Stormwater System. '-' ...", 11/08/00: Approval of contract with ,",azen & Sawyer in the amount of $17,100 for evaluation ofthe FPFWCD Canal System improvements to increase discharge from lakewood Park. 03/27/01: Approval of WA #3 with Hazen & Sawyer in the amount of $4,770.00 for surveying related to evaluation of FPFWCD Canals. 10/21/03: Approval of WA #4 with Hazen & Sawyer in the amount of $19,900 for Lakewood Pak Permit Modification for Eastwood Canal. 11/24/03: BOCC Workshop to discuss Stormwater Issues within lakewood Park. RECOMMENDATION: Staff recommends approval of the attached Work Authorization No.9 in the amount of $21,500.00, with Hazen & Sawyer Engineers & Scientists, Inc. for a Lake Management Plan for the Lakewood Park Subdivision, and authorization for Signature by the Chairman. COMMISSION ACTION: CONCURRENCE: o APPROVED o OTHER: o DENIED . Douglas Anderson County Administrator 181 Originating Dept: (Pub. Wks.) 181 Purchasing: Ql/.J 181 Finance: ~.Y Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (56 t) 462- t 777 or TDD (56 t) 462- t 428 at least forty-eight (48) hours prior to the meeting. Review andI"A~o~~_IS 181 County Attorney: V<J 181 Management and BUdget:ÚLJ m(!!r o Parks & Recreation: 0 Environmental Lands: o Other -- - '-' "wi AGENDA REQUEST ITEM NO. R-7 DATE: January 18,2005 REGULAR [ X ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: St. Lucie County INTERNATIONAL AIRPtJ on Florida's Treasure Coast TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport Paul A. Phillips SUBJECT: St. Lucie County International Airport Part 150 Study Group Recommendations BACKGROUND: The Federal Aviation Administration (FAA) established the Part 150 rules and regulations to deal with aircraft noise and its impact on surrounding communities. The regulations require the development of noise exposure maps and noise compatibility programs to be developed in consultation with state officials, public planning agencies, aeronautical users of the airport, and interested citizens. Since public participation is integral to the successful development of the Part 150 noise study update, the Board appointed an Airport Part 150 Study Group to provide input to the noise consultant preparing the Part 150 Noise Study Update. This agenda item provides for a presentation of the recommendations for the Part 150 Noise Study for inclusion in the report to the FAA and FDOT. Since the S1. Lucie Village Alderman meeting is scheduled for the same night (January 18), staff recommends that the Board conduct a public hearing on February 1, 2005 to approve the recommendations of the Airport Part 150 Study Group for inclusion in the final St. Lucie County International Airport Part 150 Noise Study Update. FUNDS AVAILABLE IN ACCT#: N/ A PREVIOUS ACTION: In March 2003, the Board approved the function of the Study Group. ,,' RECOMMENDA nON: Staff recommends that the Board schedule a second hearing on February 1, 2005 to consider adoption ofthe recommendations ofthe Airport Part 150 Study Group for inclusion in the St. Lucie County International Airport Part 150 Noise Study Update. Reviews & Approvals County Attorney: Originating Dept: Finance:(Check fì OMB Other: y, if applicable) Purchasing Other: Second hearing to be held on 2/1105 at 6:00 p.m. or as soon thereafter as possible. ........ .\wf ~ I EXCEI,LE"·(·E January 7, 2005 Mr. Richard Himmel, Chair, And Members of the St. Lucie International Airport Part 150 Study Group Re: St. Lucie County International Airport Part 150 Study Update Board of County Commission Meeting. Dear Committee Member: I would like to invite you to attend the St. Lucie County Commission Workshop for the Part 150 Study Update. The workshop is scheduled for Tuesday, January 18, 2005 at 6:00 p.m. in the County Commission Chambers. As each of you have dedicated so much time and effort, I hope that you will come and share your thoughts with the Commission as they consider the recommendations of the group. Once the County Commission approves the study recommendations, it will be finalized and submitted to the Federal Aviation Administration for review and approval. I look forward to seeing you next week. Should you have any questions prior to the meeting, please do not hesitate to contact me at 561-616-5779. Sincerely, Diane Bryant Carter Senior Aviation Planner Cc: Paul Phillips Barbara Churchill Lisa Waters .., c: c» E tn tn c» tn tn <C c» ~ C') 10 G) ~ c: '"C c: o·ë: c. 0 o..-:J ._ .!:: ~ ~ U) « ..- '"C .~ -"'~E co .c: .., r:: C') en E .2 == c» ~u. tIJ 0 r:: ..,.- 0 .... tn 0 G>caZ 1:00 -Oil) ~c»~ r::"'~ ::s ~ ca o~a. o(þ~ .~ .= <C g..-LL ...JO'"C · C c: êi) u. ca '-' ..."", >,~,...... ''*-........'§~ c:w.;;;;: (^"~ r~~ '-.J~ rti ~ ~ ... c: ::s Oil) og N '+- ... 0= """" -c~ ~ cu C'a::s Ot: aJ~ '-' ...., CU~ .!!! ð 01- z~ ~.... Q.C e(CU _E resU) cU) OCU ._ U) eftU) CUe( ~D' ...,c U).- resC 0'- u~ CUI- 1...... ::s.c U)D' res: CULl. .=c2$ c . œ u o u = c (I ~ ~ .+. 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'-" ...", CI) t: ~ ~bQ) U)c::~ (1)qsCl) ::s t: a q: 01/17/05 FZABWARR FUND 001 001142 001146 001160 001165 001168 001170 001293 001294 001814 101 101001 101002 101003 101006 102 102001 105 107 107001 107002 107003 115 118 140 140001 140326 140333 160 170 183 183001 183002 183003 183004 183006 184203 184205 184805 185005 310003 315 316 316001 382 401 '-' ST. LUCIE COUNTY - BOARD WARRANT LIST #16- 08-JAN-2005 TO 14-JAN-2005 FUND SUMMARY TITLE IJ. (7 General Fund FTA Section 5303 Grant FY01/02 FTA USC Section 5307 FY03 Section 112/MPO/Planning FY 04/05 CSBG Grant FY05 Urban Mobile Irrigation Lab 04/05 Cert FY 04 Grant TDC Planning Grant FY 05 FDCA/EMPA 2005 Floridian Aquifer Well Monitoring N Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper Sheraton Plaza Fund Paradise Park Fund Parks MSTU Fund SLC Public Transit MSTU Port & Airport Fund Port Fund FDOT Rehabilitate Airfield Lighting Rehab Airfield Pavement Markings Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Arbitration/Mediat Ct Admin.-County Teen Court Ct Admin.- Teen Court Guardian Ad Litem Fund Ft. Pierce Beach Restoration FDEP Fort pierce Shore Protection P FIND Shoreline Stabilization for N FHFA SHIP FY04/05 Impact Fees-Public Buildings County Building Fund County Capital Transportation Capital Environmental Land Capital Fund Sanitary Landfill Fund ;' 3C EXPENSES 483,304.81 35.29 13,480.00 580.10 113.85 97.72 6,000.00 64.82 474.90 100.36 96,534.11 514.39 145,716.48 50,844.62 12,888.29 12,168.36 2,324.39 1,940.32 60,091.81 5,069.60 11,039.52 12,709.58 466.53 653.12 131,493.10 160.80 19,224.63 725.81 3,685.90 7,535.00 3,710.72 376.34 6,139.62 170.94 100.00 150.00 222.13 461. 89 1,679.59 6,464.62 1,679.59 160.82 6,510.86 278.55 223,117.82 3,300.00 639.44 129,443.62 "wi PAGE PAYROLL 543,744.50 468.66 0.00 3,618.73 1,530.46 1,312.01 0.00 881. 05 0.00 1,312.01 123,382.90 0.00 0.00 0.00 0.00 56,833.58 4,443.17 1,673.23 100,741.48 914.81 2,254.80 0.00 0.00 0.00 0.00 2,078.32 10,171.95 0.00 0.00 0.00 2,852.80 4,919.52 0.00 0.00 0.00 0.00 3,049.23 0.00 0.00 0.00 0.00 2,200.91 0.00 0.00 0.00 0.00 0.00 59,753.29 1 " 01/17/05 FZABWARR FUND 418 421 441 448 449 451 458 461 471 478 479 481 491 505 505001 611 625 630 665 w ST. LUCIE COUNTY - BOARD ...., WARRANT LIST #16- 08-JAN-2005 TO 14-JAN-2005 FUND SUMMARY TITLE Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund NHI Util - Capital Facilities Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Airport Utilities District Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Tax Deed Overbid Agency Fund SLC Art in Public Places Trust Fund GRAND TOTAL: EXPENSES 50,358.89 21. 59 70,073.18 11. 64 30.57 41,483.50 2,682.45 1,348,561.01 2,276.44 6.18 929.74 1,436.84 10,223.38 267,099.70 78,151.53 11,286.55 2,094.75 3,095.77 44,750.00 3,399,218.47 PAGE PAYROLL 26,283.05 288.03 3,836.31 153.92 402.27 1,714.35 294.56 11,528.66 4,246.17 81. 30 368.19 462.91 52,852.73 3,179.56 2,038.71 4,008.58 0.00 0.00 0.00 1,039,876.71 2 ".~- -.I ITEM NO. 8 COUNTY ADMINISTRATION MEMORANDUM 05-06 TO: FROM: Board of County Commissioners Ray Wazny, Assistant County Administrator It.»-- DATE: January 14,2005 RE: Waterstone (Emerson Estates) On January 14, 2005 County staff met with the developer of Waterstone and adjacent property owners in an attempt to resolve outstanding concerns. A summary of the outstanding issues are noted below: · A berm height of 50 feet and 200 feet in width was requested. The current developer plans to provide for a perimeter berm between 4 feet to 12 feet high. The height proposed by the developer will vary depending on separation between the property line and homes to be constructed. · In addition to the buildings the developer has agreed to move to provide additional separation between new homes and the adjacent property line, a request was made to move one additional building. · A request was made to move approximately 12 homes from the south of the developer's property line to County owned park land north of the Waterstone development. · A request was made to deed restrict the Waterstone development so that no rental units are permitted. · A request was made to repair a private driveway that may have been flooded because of the development of Waterstone. The Developer agreed to overlay the damaged area of the driveway. · A request was made to repair a grassy area on property adjacent to the development because it may have been damaged by water outfall from the development. · A request was made to explain why the original phasing plan was not being followed. · Drainage at the southeast outfall weir may cause additional erosion. Adjacent property owners asked that the developer address the potential erosion. The Waterstone developer has been asked to address these issues at the January 18, 2005 Board of County Commissioners meeting. RL W/jc-05-06 C: Douglas M. Anderson Dan Mcintyre, County Attorney Ed Cox, Growth Management Director Randy Stevenson, Asst. Growth Management Director David Kelly, Planning Manager Dennis Grim, Code Compliance Manager Chris LeStrange, Stormwater Engineer Suzie Caron Mr. & Mrs. Frank Stewart Mr. & Mrs. Macomber Larkin Wright, Fort Macaulay Dev. Consultants Jeff Cadieu, Fort Macaulay Dev. Consultants Timothy C. Jelux, P.E., Fort Macaulay / ,. .. ~ ...,.¡ " Agenda Item #8 WATERSTONEPROJECT APPROVED 5-0 Motion to approve in concept the overall plan include some modifications as stated, the minimum height on the fence of 14ft., the trees to be substantial in size, minimum 12 ft., the 500ft. set back from property line for all construction with the exception of one outfall station to the southeast corner and also giving the County Administrator to initiate a stop work order independent of the Board should any violations occur of items discussed; Mr. Evans stated he wished to submit the landscaping plan for review from the architect to staff and if the Board does not agree it can be changed, otherwise he agrees with all requested by the Board. COMMISSION ACTION: (X) Approved ( ) Other: ( ) Denied NCE: ... '-" "wi AGENDA REQUEST ITEM C2A DATE: January 18,2005 REGULAR [ J PUBLIC HEARING Leg. [ J Quasi-JD [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: COMMISSION ACTION: tx;¡ APPROVED t J OTHER Approved 5-0 2£/ (x] County AttomeY:L ( JOriginating Dept:_ Daniel S. McIntyre County Attorney Lennard Road MSBU Pennanent Drainage Easement Pattie Joyce Kane Parcel ill # 3414-501-0604-000/2 Resolution 05-034 - Accepting Pennanent Drainage Easement. See attached memorandum N/A October 7, 2003- Accepted Road Right-of-Way and Pennanent Easement from Mr. & Mrs. Lagana December 14, 2004- Accepted Road Right of Way and Pennanent Easement from Mr. & Mrs. Roddy Staff recommends that the Board accept the Pennanent Drainage Easement, authorize the Chainnan to sign Resolution 05-034 and direct staff to record the document in the Public Records of St. Lucie County, Florida. [ ] DENIED NCE: Dou las M. Anderson County Administrator Review and Approvals ( J Road and Bridge: (xJ Engineering: /'vi..;p (xJ Public Works:~ ( ]Purchasing: "" ~ ""'" JI'. PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Daniel McIntyre, County Attorney DATE: January 18,2005 SUBJECT: Lennard Road MSBU Permanent Drainage Easement Pattie Kane Parcel # 3414-501-0604-000/2 Background: The Board of County Commissioner has approved the North Lennard Road, MSBU Project. The Lennard Road corridor has been long recognized as a key part of a larger transportation program designed to provide capacity/circulatory and relief to U.S. #1. The location of this corridor is to the western edge of the Savanna State Preserve using. certain existing public right-of-ways in the area. By staying to the west edges of the State Lands, the County has been able to keep environmental impacts to the absolute minimum necessary to construct this roadway. A Permanent Drainage Easement has been donated by Ms. Kane for a Permanent Drainage Easement needed for this project. A map locating the Project is attached to the memorandum along with a copy of the Permanent Drainage Easement for your review. Recommendation: / Cone lusion: Staff recommends that the Board accept the Permanent Drainage Easement, authorize the Chairman to sign Resolution 05-034 and direct staff to record the document in the Public Records of St. Lucie County, Florida. ~ ! 1 ....., /. ; o :0 r--" i~ " :}'~. " ~ ;,¡ :í u !. C :1 :5 ~~i ~~~ ~\ ';¡ ( " 11:1 rŠ ¡(jt .f : IH~i H wt ~i >- !iiI! ;;~ o lI;'~ hf z if-if :1' fÇf· ¡ ::; ¥:iiI Îf¡ b'v'1'i Ol~ ., ., , 'ì~ ~ ;!¡fr' .::. II I ~ ~ I '-' I vi :i ~. N _ . .~. :;1 ~ 'iìo>_ Ii: i :J <IJ V1 :1 S? o e:: o ~ z z W ....J o w V1 o Cl. o e:: Cl. I 1/~1 { J , ! ¡~ ¡ i ri. ;':[1 ~41¡·f~ I :; ¡ ¡ c ! ¡ S' ~ B il I ~in y'. <¡ i !W 10: ;:: a. z a. -' :;¡..... 0t If·/ ~ ...., This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 PROJECT NAME: Lennard Road MSBU TAX ill No. 3414-501-0604-000/2 PERMANENT DRAINAGE EASEMENT KNOW ALL .MEN BY THESE PRESENTS that the undersigned, PATTIE JOYCE KANE, "GRANTOR", whose m ailing address is 11 00 Tilton Road, F t. Pierce, F L34952, for and in consideration of the sum of One and 00/1 00 Dollars ($1.00), to them in hand paid the receipt of which is hereby acknowledged, does hereby convey and grant to ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, "GRANTEE", whose mailing address is 2300 Virginia Avenue, Ft. Pierce, FL 34982, for the use and benefit of the general public the privilege and easement for the installation, maintenance, operåtion, repair, replacement, or renewal of drainage facilities in, under, upon, along, over, and across the following described land in St. Lucie County, Florida, to-wit: SEE EXHIBIT "A" AND "A-I" ATTACHED TO HAVE AND TO HOLD the same unto the GRANTEE, its successors and assigned forever. Access to the above strip ofland over the adjoining lands of the GRANTORS is hereby granted. the GRANTEE may remove, cut or trim trees, bushes, and saplings growing upon or extending over said strip of land so far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement, or renewal of any of the above mentioned utilities or improvements. The GRANTORS reserve the use of said strip of land for any use not inconsistent herewith, but no buildings or structures shall be erected or placed on said strip of land by GRANTORS. The rights herein granted may be assigned in whole or in part. The undersigned hereby covenant and warrant that they own the said land and have the right to grant this easement. IN ·WITNESS ,\,HEREOF, the undersigned Grantors have hereunto set their hands and seals this~7~ day of (j6'CêM.ß&-!¿_ ,2004. '" 'w "wi Signed, sealed, and delivered In our presence é J:J .~ r~ PATTIEJOYC~- - STATE OF FLORIDA) COUNTY OF ST. LUCIE) :::-:-... The foregoing instrument was acknowledged before me this;L,}!!:- day of .L:eŒl1d.s~ 2004, by PATTIE JOYCE KANE, who produced fJêl<~o,JAI....L." ¡!p~a) (type of identification) and who did take an oath. WITNESS my hand and official seal, this..2Ji-~ay of Ì)6C&I'1&-~ , A.D., 2004. -~~~ Signature of Notary PublIc ~Y"r\. T Eiaine Kledzik !' \: . My Commission D01411 03 .,:.: ~ nnted or Stamped My Commission Expires: '., . Dec.21. 2004 4:42PM ('" PEPPER & TERPENING No. 7429 P. 3 200 , I SCAlf IN fEn SKETCH TO ACCOMPANY DESCRIPTION THIS IS NOT A SURVEY ~ LEGEND PSE = PERMANENT SLOPE EASEMENT Ó = DELTA R - RADIUS L = ARC LENGTH PG = PAGE P8 - PLAT BOOK POB = POINT OF BEGINNING POC = POINT OF COMMENC.EMENT PLS . PROFESSIONAl LAND SURVEYOR R\W = RIGHT-OF-WAY Il "" C(NTt:RUNE ± = PLUS OR MINUS sC .fl = SQUARE fEET THE NORTH LINE OF THE SOUTH 1/2 OF SECllON 23 IS ASSUMED TO BEAR N89'S9'21"W AND ALL OTHER BEARINGS SHOWN HEREON ARE RELA llVE THERETO. NOO'OO'39"E 10.00' RECUIRED R/W-- EXISTING R/W z [II _10 oul . IÞ o _ ON . ~ POB NOO'OO'39"E SOO'OO·.39'"W 65.00' 10.00' DETAIL (NOT TO SCALE) gJ ....co pol gt.q, .~ PROPOSED CENTI:RUNE . fT1 STATION .3.33+01.27 N89'59'21"W 962.75' POC FOUND 4")(4" CM SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (1/4) SECTION 23. TOWNSHIP 36 SOUTH, RANGE 40 EAST SIL VER OAK DRIVE - - J\ -= (100' \'tiDE RjW) NOO'09'09"W .~ ~V 2621.67' STATION 323+38.52 RE\1S1ON No. 1 - REMOva> 10' SLOPE EASEMENT - 8CS - 12/20;04 SKETCH OF DESCRIPTION OF DRAINAGE EASMENT "819B" Prepared For ST. LUCIE COUNTY. FLORIDA EXHIBIT I r II I II I I II 1 I . " ~ A-I EXISTING R/W LOT 12 LOT 13 NOO'OO'39"E 65.00' 11819B" DRAINAGE EASEMENT 10'x10' (SEE DETAIL) -- -- -- LOT 14- BLOCK 2 SECTION 23 LUCIE GARDENS (PB. 1, PG. 35) 8 ~~I 118·N +OJ -I[) ~ ::¡ct=' ~ Cú 580' g Z LESS & EXCEPT ""' ~ 1:::\0 ., ~(§ NOR1l-I UNE Of 1l-IE SOU1l-I 1/2 ~ ~ I ~ ~ I Of SECTION 23. TO'M'jSHIP 365, RANG( 40E ~~I ~ wi ..J 0 ~I ~ ~~. ~ o '-' ..Y o ~ ST. 25.00' I ~ FOUND 1/2" IR I ~NOR1WNEST CORNER OF THE I I SOUTHEAST QUARTER OF I SECTION 23 &: ~ LENNARD Sheet 2 of 2 File: 0084HC.dwg Date: 12/15/04 Ct=~~~.~ CONSUL TING ENGINEERS & LANO SURVEYORS 2980 SOUìt1 25th 51REET fORT PIERCE, FlORIDA 34981 (772) ~+-3537 Tech: BCS .. Dee, 21, 2004 4:42PM r PEPPER & TERPENING No, 7429 p, 2 '-" ...., DESCRIPTION EXHIBIT I .. .. :z; ,^<f D 1\ :¡ A 10' x 10' Drainage Easement, lying in Lot 14, Block 2, plot of ST. LUCIE GARDENS, Less and Except the Southerly 580.00 feet, of the Easterly 150.00 feet, of sold Lot 14, Block 2, os recorded in Plot Book " Page 35 of the Publìc Records, of SL Lucie County, Florida, and lying in the North 1/2 of Section 23, Township 36 South, Ronge 40 East and being more particularly described os follows: For 0 point of reference, commence at a found 4"x4" concrete monument (unnumbered) marking the Southwest corner, of the Southeast ~ of said Section 23; thence NOO'09'09"W along the West line of the Southeast 14, of said Section 23, a distance of 2621.67 feet to 0 point lying 25.00 feet South of a found W' iron pipe (unnumbered) marking the Northwest corner of the Southeast 14 of said Section 23 and an intersection with the centerline for Lennard Rood at centerline station 323+38.52; thence N89'S9'21"W, parallel with the North line of the South one-half (1/2) of said Section 23, 0 distance of 962.75 feet. to centerline station 333+01.27; thence North 00'00'39" East, 0 distance of 65.00 feet to the Northerly right-of-way line of Lennard Rood also known os Tilton Road (on 80 foot wide right-of-way) and the Point of Beginning of the following described easement. Thence North 89'59'21" West, along the North right-at-way line of said Lennard Road, a distance of 1 0.00 feet; thence North 00'00'39" East, a distance of 1 0.00 feet; thence South 89'59'21" East, parallel with the North right-of-way line of said Lennard Road, 0 distance of 10.00 feet; thence South 00"00'39" West, a distance of 10.00 feet returning to the Narth right-of-way line at sold Lennard Road and the point of beginning. Said easement contains 100 square feet, more or less. ~.~ 1:Z2!~ Sheet 1 of 2 REVISION No. I - REIoAO'ÆD 10' SlOPE EASEMENT - ses - 12/20/04 SKETCH OF DESCRIPTION OF DRAINAGE EASEMENT "8198" PrepQrsd For ST. LUCIE COUNTY1 FLORIDA File: 0084HC.dwg Dote: 12/15/04 ~~~LPEPPER~ TERPENING,INC. CONSUL l1NG ENGINEERS &: LAND SURVEYORS 2980 SOUTH 25th STRf:C1 fORT PiERCE, flORIO... 34961 (772.) 46-4-3537 Tech: BCS .. ~/. "-' ....., AGENDA REQUEST ITEM NO. C2B DATE: January 18, 2005 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 05-035 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-036 Extending the State of Emergency for Hurricane Jeanne BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve Resolution No. 05- 035 and Resolution No. 05-036 and authorize the Chairman to sign the Resolutions. [~APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: ~nderson County Administrator COMMISSION ACTION: County Attorney: J} Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 , '-' """'" INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 05-040 DATE: January 11, 2004 SUBJECT: Resolution No. 05-035 Extending the State of Emergency for Hurricane Frances; Resolution No. 05-036 Extending the State of Emergency for Hurricane Jeanne ************************************************************************** BACKGROUND: Attached are the following documents: 1. Draft Resolution No. 05-035 extending the state of emergency for Hurricane Frances until January 27, 2005 at 4:00 p.m. 2. Draft Resolution No. 05-036 extending the state of emergency for Hurricane Jeanne until January 28, 2005 at 7:00 a.m. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve Resolution No. 05-035 and Resolution No. 05-036 as drafted. DSM/ caf Attachments '-' ...., RESOLUTION NO. 05-035 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY (HURRICANE FRANCES) WHEREAS, the Board of County Commissioners has made the following determinations: 1. The Board has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The County's Public Safety Director declared a state of emergency on September 1, 2004, at 4:00 p.m. due to Hurricane Frances. 3. The effect of Hurricane Frances has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4. In order to respond to such emergency, upon this extension, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 5. Such declaration is extended for seven (7) days until January 27, 2005 at 4:00 p.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 6. This Extension of the Declaration of Emergency shall become effective January 20, 2005 at 4:00 p.m. After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Paula A. Lewis Commissioner Joseph E. Smith Commissioner Chris Craft xxx xxx xxx xxx xxx '-' ..",,¿ PASSED AND DULY ADOPTED this 18th day of January, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY '-' "wi RESOLUTION NO. 05-036 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY (HURRICANE JEANNE) WHEREAS, the Board of County Commissioners has made the following determinations: 1. The Board has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The County's Public Safety Director declared a state of emergency on September 24, 2004, at 7:00 a.m. due to Hurricane Jeanne. 3. The effect of Hurricane Jeanne has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4. In order to respond to such emergency, upon this extension, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 5. Such declaration is extended for seven (7) days until January 28, 2005 at 7:00 a.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 6. This Extension of the Declaration of Emergency shall become effective January 21,2005 at 7:00 a.m. After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Paula A. Lewis Commissioner Joseph E. Smith Commissioner Chris Craft XXX XXX xxx xxx xxx '-' "wi PASSED AND DULY ADOPTED this 18th day of January, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ·~ - - . ~ - 4- .... 'wt "wi AGENDA REQUEST ITEM NO. C-3-A DATE: January 18,2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] St. Lucie County INTERNATIONAL AIJ on Florida's Treasure COB TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport PRESENTED BY: Paul A. Phillips SUBJECT: Award Bid 05-008 to Commercial Fence Contractors, Inc. for Fencing at the 81. Lucie County International Airport BACKGROUND: Bids were opened December 6,2004 for fencing and gates Phase II for the St. Lucie County International Airport. Two (2) bids were received as indicated on the attached bid tabulations sheet. Commercial Fence Contractors Inc. of Orlando, Florida was the low bid for $385,151.94. Attached is the Airport's Engineers recommendation to award the contract to the low bidder, Commercial Fence Contractors Inc. This will be accomplished in two contracts to comply with the Florida Department of Transportation (FOOT) grant program. The Board of County Commissioners on September 28, 2004 accepted a Florida Department of Transportation (FOOT) Joint Participation Agreement (JPA 412400) grant in the amount of $152,000.00 with matching funds of $38,000.00 making the project total $190,000.00 for the installation and design of perimeter fencing to secure the airport. October 19, 2004 the Board approved the design work for this project to Kimley-Horn. This agenda item is a request to award bid 05-008 to Commercial Fence Contractors in the amount of$123,957.92 to install the security fencing at the St. Lucie County International Airport. The FDOT funds of $99,166.33 and local matching funds of $24,791.59 make the project total of$123,957.92. FUNDS A V AILABLEIN ACCT#: Funding in the amount of$ 123,957.92 is available in the Airport Improvements OfT Buildings Account (140337-4220-563000-48005) PREVIOUS ACTION: NfA RECOMMENDATION: Staff recommends that the Board of County Commissioners award bid 05-008 to Commercial Fence Contractors, Inc. in the amount of$123,957.92 for security fencing at the St. Lucie County International Airport. W,APPROVED [ ]DENIED [ ]OTHER: CONCURRENCE: Approved 5-0 4 J 4/ Reviews & Approvals .Þ/ ß County Attorney: . i OMB ~ f{\~Purchasing ð'/ Originating Dept'~ Other: Other: Finance:(Check nopy'only, if applicable) COMMISSION ACTION: -- "".- ....... '-" '-" St. Lucie County INTERNATIONAL A/J on ¡::foÌ"idà"s Îreàsùre Coast MEMORANDUM DATE: January 10,2005 TO: Board Of County Commissioners FROM: Paul A. Phillips SUBJECT: Security Fencing - Award Bid Number 05-008 - Agenda Item No. C-3-A Bids were opened December 6, 2004 for fencing and gates Phase II for the St. Lucie County International Airport. Two (2) bids were received. Commercial Fence Contractors Inc. of Orlando, Florida was the low bid for $385,151.94. The Airport's Engineers recommendation is to award the contract to the low bidder, Commercial Fence Contractors Inc. This will be accomplished in two contracts to comply with the Florida Department of Transportation (FDOT) grant program. The airport continues to fence the airport to secure the property. The past five years the Board has approved fencing projects at St. Lucie County International Airport to enhance safety. The Board of County Commissioners on September 28, 2004 accepted a Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA 412400) grant in the amount of $152,000.00 with matching funds of $38,000.00 making the project total $190,000.00 for the installation and design of perimeter fencing to secure the airport. October 19, 2004 the Board approved the design work for this project to Kimley-Horn. The agenda item C-3-A is a request to award bid 05-008 to Commercial Fence Contractors in the amount of $123,957.92 to install perimeter fencing to secure the airport. The FDOT funds of $99,166.33 and local matching funds of $24,791.59 make the project total of$123,957.92. The bid tabulation sheet from St. Lucie County Purchasing is attached and shows Commercial Fence Contractors, Inc. as the low bidder. Attached you will also find a copy of a letter from David. R. Bardt, Engineer for Kimley-Horn who has reviewed the bids and found the bids in order and recommends Commercial Fence is awarded the contract. Staff Recommends award Bid 05-008 to Commercial Fence Contractors, Inc. to install Fencing at the St. Lucie County International Airport - .... PURCHASING DEPARTMENT ED PARKER, DIRECTOR ~ BOARD OF COUNTY COMMISSIONERS TABULATION SHEET - BID #05-008 SECURITY FENCING AND GATES: PHASE II ST. LUCIE COUNTY AIRPORT OPENED: 12/6/2004 VENDOR BASE BID TOTAL BASE BID AND ADD AL TERNATES 1A, 2A, 3A, AND 4A COMMERCIAL FENCE CONTRACTORS, INC. $ 222,322.92 $ 385,151.94 ORLANDO, FL 352-347 -8584 SMITH INDUSTRIES, INC. $ 226,722.00 $ 399,964.00 D/B/A SMITH FENCE COMPANY CLEARWA TER, FL FAX: 727-573-2075 NUMBER OF COMPANIES NOTIFIED": 979 NUMBER OF BID DOCUMENTS DISTRIBUTED": 27 NUMBER OF BIDS RECEIVED: 2 . PER DEMANDSTAR.COM JOSEPH E SMITH, District NO.1. DOUG COWARD, District NO.2. PAULA A. LEWIS, District No.3. FRANNIE HUTHINSON, District NO.4. CHRIS CRAFT, District NO.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TDD (772) 462-1428 " -. ...... '-' ....., ~=~ Kimley-Horn and Associates, Inc. January 5,2005 Mr. Paul Phillips Airport Director St. Lucie County International Airport 3000 Curtis King Blvd. Ft. Pierce, FL 34946 Re: Security Fencing and Gates: Phase II Bid No. 05-008 Dear Paul: We have reviewed the bids received on December 16,2004 for the Security Fencing and Gate; Phase II project. We find the bids to be in order and recommend a contract award to Commercial Fence Contractors, Inc of Orlando, Florida for a contract amount of$123,957.92. This includes alternate lA, item D-701-5.4 from the base bid and one 72" culvert from item D-701-5.1 from the base bid. Should you have any questions, please do not hesitate to contact me. Very truly yours, ~-HORN AND AS~OCIATES. INC. \ ~,_)--m~ David R. Bardt, P.E. Vice President H:\044 721 005\fdotrecommendaward.doc ~/ '-' ..."" AGENDA REQUEST ITEM NO. C-3-B DATE: January 18,2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] St. Lucie County INTERNATIONAL AI. on F1òrlCJals Treasure Coast TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Airport Paul A. Phillips SUBJECT: Award Bid 05-008 to install perimeter fencing at the S1. Lucie County International Airport BACKGROUND: Bids were opened December 6,2004 for fencing and gates Phase II for the St. Lucie County International Airport. Two (2) bids were received as indicated on the attached bid tabulation sheet. Commercial Fence Contractors Inc. of Orlando, Florida was the low bid for $385,151.94. Attached is the Airport's Engineers recommendation to award the contract to the low bidder, Commercial Fence Contractors Inc. This will be accomplished in two contracts to comply with the Federal Aviation Administration (FAA) and Florida Department of Transportation (FDOT) grant programs. The past five years the Board has approved fencing projects at St. Lucie County International Airport to secure airport land. The airport has secured 80% of the property with fencing. This installation will assist in the continuation of securing the airport. The local match is $3,948.00 and Grounds Maintenance Funds in the amount of $1,426.92, the Florida Department of Transportation (FDOT) Joint Participation Grant Agreement (JP A 412401) is for $3,948.00 and the FAA (3-12-0023-024-2004) will fund $150,000.00 making the project total $159,322.92. FUNDS AVAILABLE IN ACCT#: Funds for this project funds are available in the amount of $150,000.00 in 140129-4220-563000-48005, $7,896.00 in 140338-4220-563000-48005, and $1,426.92 in 140-4220-546300-400, totaling an available amount of$159,322.92 in Airport funds. PREVIOUS ACTION: N/ A RECOMMENDATION: Staff recommends that the Board of County Commissioners award bid 05-008 for the installation of fencing to Commercial Fence Contractors, Inc. at the St. Lucie County International Airport in the amount of$159,322.92 COMMISSION ACTION: C0:ZCURRE E: WPPROVED [ ]DENIED Approved 5-0 [ ]OTHER: -- Reviews & Approvals ()x, ""'MI r ~/-,0 County Attorney:S' OMB ~ II \~ Purchasing ~ / Originating Dept: . I./ì ~/ Other: Other: Finance:(Check fo py 0 y, if applicable) þ. . '-' ...,¡ St. Lucie County INTERNATIONAL A Óf+rF'JÔr'f(!!j'¡#j's MEMORANDUM DATE: January 10,2005 TO: Board of County Commissioners FROM: Paul A. Phillips SUBJECT: Security Fencing - Award Bid Number 05-008 - Agenda Item C-3-B Bids were opened December 6, 2004 for fencing and gates Phase II for the St. Lucie County International Airport. Two (2) bids were received. Commercial Fence Contractors Inc. of Orlando, Florida was the low bid for $385,151.94. The Airport's Engineers recommendation is to award the contract to the low bidder, Commercial Fence Contractors Inc. This will be accomplished in two contracts to comply with the Federal Aviation Administration (FAA) and Florida Department of Transportation (FDOT) grant programs. The airport continues to secure the airport property with fencing. The past five years the Board has approved fencing projects at St. Lucie County International Airport to secure airport land. The airport has secured 80% of the property with fencing. This installation will assist in the continuation of securing the airport. The local match is $3,948.00 and Grounds Maintenance Funds in the amount of$1 ,426.92, the Florida Department of Transportation (FDOT) Joint Participation Grant Agreement (JPA 412401) is for $3,948.00 and the FAA (3-12-0023-024-2004) will fund $150,000.00 making the project total $159,322.92. Staff recommends that the Board of County Commissioners award bid 05-008 for the installation of fencing to Commercial Fence Contractors, Inc. at the St. Lucie County International Airport in the amount of$159,322.92 The bid tabulation sheet from St. Lucie County Purchasing Department is attached and shows Commercial Fence Contractors, Inc. as the low bidder. Attached you will also find a copy of a letter dated December 22, 2004 from David R. Bardt, P. E., Vice President of Kimley-Horn and S1. Lucie County International Airport's Consultant on this project. Mr. Bardt has reviewed the bids received for this fencing project and recommends an award to Commercial Fence Contractors, Inc. ~,...." BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT ED PARKER, DIRECTOR TABULATION SHEET - BID #05-008 SECURITY FENCING AND GATES: PHASE II ST. LUCIE COUNTY AIRPORT OPENED: 12/6/2004 VENDOR BASE BID TOTAL BASE BID AND ADD AL TERNATES 1A, 2A, 3A, AND 4A COMMERCIAL FENCE CONTRACTORS, INC. $ 222,322.92 $ 385,151.94 ORLANDO, FL 352-347 ·8584 SMITH INDUSTRIES, INC. $ 226,722.00 $ 399,964.00 D/B/A SMITH FENCE COMPANY CLEARWATER, FL FAX: 727-573-2075 NUMBER OF COMPANIES NOTIFIED": 979 NUMBER OF BID DOCUMENTS DISTRIBUTED": 27 NUMBER OF BIDS RECEIVED: 2 . PER DEMANDSTAR.COM . JOSEPH E. SMITH, District No.1. DOUG COWARD, District NO.2. PAULA A. LEWIS, District NO.3. FRANNIE HUTHINSON, District No.4. CHRIS CRAFT, District No 5 County Administrator - Douglas M. Anderson - ~=~ ......-..r:' ... ..... ~ .....,¡ Kimley-Horn and Associates, Inc. - - ---~~ :~':. ~ V~::: D .- DEC 2 7 ·;u~~ ~ .."i ~.i:·o~:·n ~ ~'""\_ I USHs' Gc,UN,........· FLORIDA .t--,,:,.~,:,,:,">1~....--.,.,.:--'J~ December 22, 2004 Mr. Paul Phillips Airport Director St. Lucie County International Airport 3000 Curtis King Blvd. Ft. Pierce, FL 34946 Re: Security Fencing and Gates: Phase II Bid No. 05-008 FAA Grant No. 3-12-0023-024-2004 FDOT Grant No. 412401-1-94-01 Dear Paul: We have reviewed the bids received on December 16, 2004 for the Security Fencing and Gate; Phase II project. We find the bids to be in order and recommend an award to Commercial Fence Contractors, Inc of Orlando, Florida for a base contract amount of$159,322.92. This includes all base bid items except items D-701-5.1 and D-701-5.4 which are the culvert crossings. It is our recommendation that these not be included in this contract. Should you have any questions, please do not hesitate to contact me. Very truly yours. KIMLEY-HORN AND ASSOCIATES. INC. ~c David R. Bardt. P .E. Vice President H:\044 721 005\faarecommendaward.doc . TEL 561 845 0665 FAX 561 863 8175 . 4431 Embarcadero Drive West Palm Beach, Florida 33407 - - -- ....., '-' AGENDA REOUEST~ ITEM NO. C-4 DATE: January 18, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: St. Lucie County Sheriff's Office PRESENTED BY: Sheriff's Office SUBJECT: Permission to apply for Florida Department of Law EnforcementfFlorida Alcohol Testing Program - Intoxilyzer 8000 - Phase m grant. BACKGROUND: The breath test instrumentation currently being used in Florida is approaching fourteen (14) years in age and is fast becoming obsolete. The new instrument that has been approved by the FDLE Alcohol Testing Program is the Intoxilyzer 8000 (See Chapter 11D-8, Florida Administrative Code). To assist law enforcement agencies with the replacement of old out-dated equipment, the Florida Alcohol Testing Program and the Florida Department of Law Enforcement set up a special funding initiative which will cover 100% percent of the replacement cost. FUNDS AVAILABLE: Funding is available in the Sheriff's Office General Fund Account. This grant is 100% reimbursable with 25% Matching Funds being provided by the Florida Department of Law Enforcement, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. PREVIOUS ACTION: NONE RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Sheriff's Office request to apply for the F.D.L.E., Intoxilyzer 8000 Phase m grant program and Authorize the Chairperson to sign the required grant application documents. (2 original copies). COMMISSION ACTION: [X] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONÇU;21 _ Douglas Anderson County Administrator County Attorney: y Review and Approvals Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eft. 5/96 '-' AGENDA REOUEST'-' ITEM NO. C-4 DATE: January 18, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: St. Lucie County Sheriff's Offlce PRESENTED BY: Sheriff's Office SUBJECT: Permission to apply for Florida Department of Law Enforcement/FIorida Alcohol Testing Program - Intoxilyzer 8000 - Phase m grant. BACKGROUND: The breath test instrumentation currently being used in Florida is approaching fourteen (14) years in age and is fast becoming obsolete. The new instrument that has been approved by the FDLE Alcohol Testing Program is the Intoxilyzer 8000 (See Chapter 11D-8, Florida Administrative Code). To assist law enforcement agencies with the replacement of old out-dated equipment, the Florida Alcohol Testing Program and the Florida Department of Law Enforcement set up a special funding initiative which wiD cover 100% percent of the replacement cost. FUNDS A V AILABLE: Funding is available in the Sheriff's Office General Fund Account. This grant is 100% reimbursable with 25% Matching Funds being provided by the Florida Department of Law Enforcement, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. PREVIOUS ACTION: NONE RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Sheriff's Office request to apply for the F.D.L.E., Intoxilyzer 8000 Phase m grant program and Authorize the Chairperson to sign the required grant application documents. (2 original copies). COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: CONCURRENCE: Douglas Anderson County Administrator Review and ApDrovals County Attorney: Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 plication for Funding Assistance Floñda Department of Law Enforcement Edward B me Memorial State and Local Law Enforcement Assistance Fonnula Grant Pro ram Please read instructions before completing this application. · The term "Departmenf', unless otherwise stated, refers to the Department of Law Enforcement · The term "OCJG" refers to the omce of Criminal Justice Grants. · The term "subgrant recipient" or ·subgrantee" refers to the governing body of a city, county, state agency, or an Indian Tribe that performs criminal justice functions as determined by the U.S. Secretary of the Interior. · The term "implementing agencý' is a subordinate agency of a city, county, state agency, or Indian Tribe, or an agency under the direction of an elected official (for example, Sheriff or Clerk of the Court). It may also be an entity eligible to be a subgrantee (ex. City of Live Oak) · Instructions are incorporated in this document by reference. A. Subgrant Data 1. This section to be completed by Subgrantee 2. This section to be completed b) OCJG Continuation of Previous Subgrant? _ Yes ~ No Project 10 # I progra~ Area #: CFDA #: 16.579 If Yes, enter CJ Contract # of Previous Subgrant 2002- I SFY 2003 CJ Contract ." SFY 2005 CJ Contract ." 2003- CJ - - - - - 2005- CJ- - - - - ----- ----- B. Applicant Information 1. Subarant Recipient (Subgrantee) Name of Subgrant Recipient (Unit of Government): Sl Lucie County Board of County Commissioners County: Sl Lucie Name of Chief Elected Official! State Agency Head: Frannie Hutchinson Title: Chairperson Address: 2300 Virginia Avenue Area Code! Phone # 772...cø2-1451 City, County, State, Zip Code: Fort Pierce, Sl Lucie, Florida 34982 SUNCOM ." 259-1777 E-mail Address: HUTCHINF@Stlucieco.gov Area Code! Fax # 772-462-2131 2. Chief Financial Officer of Subarant Recipient (Subarantee) Name of Chief Financial Officer: Chñstiann Hartley County: Sl Lucie Title: Finance Director Address: 2300 Virginia Avenue Area Code! Phone # 772-462-1406 City, County, State, Zip Code: Fort Pierce, Sl Lucie, Florida 34982 SUNCOM # 259-1476 E-mail Address: chrish@co.st-lucie.fI.us Area Code I Fax # 772...cø2-1614 3. Implementing Agency Name of Implementing Agency. Sl Lucie County Sheriff's Office Name of Chief Executive Official! State Agency Head! Subgrantee representative County: Sl Lucie (if a subordinate agency of the subgrant recipient): Ken J. Mascara Title: Sheriff Address: 4700 W. Midway Road Area Code I Phone # 772...cø2-73oo City, County, State, Zip Code: Fort Pierce, Sl Lucie, Florida 34981 SUNCOM ." E-mail Address: kmascara@stluclesheriff.com Area Code I Fax # 772-489-5851 FDLE B~ Fonnula Grant Appllcatlon Package Intoxllyz8t' 8000 - Phase III Grant Appllcatlon O:::J,.,. ., pplication for Funding Assistan Florida Department of Law Enforcement Edward B me Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram 4. Project Director Name of Project Director: William R. Simon County: St Lucie (Implementing Agency Employee) Title: Grant Programs Administrator Address: 4700 W. Midway Road Area Code I Phone # 772-462-3359 City, County, State, Zip Code: Fort Pierce, Sl Lucie, Florida 34981 SUNCOM # E-mail Address: wsimon@stluciesheriff.com Area Code I Fax # 772-462-3275 5. Contact Person Name of Contact Person: (if other than Project Director) SAME AS PROJECT DIRECTOR County Title: Address: Area Code I Phone # City, County, State, Zip Code: SUN COM # E-mail Address: Area Code I Fax # 6. Person Responsible For Financial ReDOrtina lif known) Name: William R. Simon County: St Lucie Title: Grant Programs Administrator Address: 4700 W. Midway Road Area Code I Phone # 772-462-3359 City, County, State, Zip Code: Fort Pierce, Sl Lucie, Florida 34981 SUNCOM # E-mail Address: wslmon@stluciesherlff.com Area Code I Fax # 772-462-3275 7. Person ResDOnsible For Programmatic Performance Reporting (if known) Name: : William R. Simon County: Sl Lucie Title: Grant Programs Administrator Address: 4700 W. Midway Road Area Code I Phone # 772-462-3359 City, County, State, Zip Code: : Fort Pierce, Sl Lucie, Florida 34981 SUNCOM ## E-mail Address: wslmon@stluciesherlff.com Area Code I Fax # 772-462-3275 8. Service Provider Contact Person Name: N/A County Title: Address: Area Code I Phone # City, County, State, Zip Code: SUNCOM ## E-mail Address: Area Code I Fax # FDLE Byrne Fonnu/a Grant Application Package Intoxilyzer 8000 - Phase III Grant Application C,.no ? pplication for Funding Assistance Florida Department of Law Enforcement Edward B me Memorial State and Local Law Enforcement Assistance Fonnula Grant Pro ram C. Administrative Data 1. Project Title: Intoxilyzer 8000 - Phase 3 - Circuit 19th . 2. Identify the year of the project (1, 2, 3, etc.) 1 3. Project period I Start 02101105 I End: 07/31105 D. Fiscal Data Remit Warrant to: (This may only be either the individual listed in 82 (Subgrantee CFO) or a designee in their office. If 82 is selected, do not reenter the contact information. This is only needed for designee. 82 ~ OR DESIGNEE Name: Title: Address: City, State, Zip Phone Number: 2. Is the subgrantee participating in the State of Florida Comptroller's Office electronic transfer Droaram? (Reimbursement cannot be remitted to any entity other than the 8ubgrantee.) Yes X No 3. Frequency of Fiscal Reporting: Monthly_ Quarterly L- 4. Subgrant Recipient FEID #: 59-6000835 5. State Agency SAMAS #: 6. Project Generated Income (PGI): Will the project earn PGI? (See Section G, Item 9.) Yes_ No...,! 7. Cash Advance: Will you request an advance? Yes_ Amount No ~ If yes, a letter of request must be submitted with the application or prior to submission of the first claim for reimbursement. Amount requested must be justified and accepted by FDLE. FDLE Byrne Formula Grant Application Package Intoxllyzer BOOO - Phase III Glilnt Application DOnG '2 pplication for Funding Assistan e Florida Department of Law Enforcement Edward B me Memorial State and Local Law Enforcement Assistance Fonnula Grant Pro ram E. Project Narrative 1. Problem Identification: Briefly describe the specific problem to be addressed with subgrant funds in terms of Problem Description, Problem Significance and Needs Assessment. The Florida Department of Law Enforcement (FDLE) has statutory authority to approve methods of analysis for breath alcohol testing for use in investigations involving driving under the influence (Florida Statute 316), commercial motor vehicles (Florida Statute 322) and boating under the influence (Florida Statute 327). Specifically, the Alcohol Testing Program has the authority to approve breath test instrumentation for evidentiary use within Florida. The breath test instrumentation currently being used in Florida is approaching fourteen (14) years in age and is fast becoming obsolete. There is newer technology available which would provide a better-suited evidentiary breath test instrument to all criminal justice agencies for the purposes of facilitating a breath alcohol test. The new instrument that has been approved by the FDLE Alcohol Testing Program is the Intoxilyzer 8000 (See Chapter 11 D-8, Florida Administrative Code). The use of the Intoxilyzer 8000 will bring the breath alcohol testing methodology and instrumentation used within the state to the forefront of technology. At a minimum, the new instrumentation will offer the ability to measure the alcohol concentration of a person's breath specifically for alcohol, it will offer a "mobile" breath test for use by criminal justice agencies involved in boating under the influence investigations, and it will allow a networking capability, through the use of computers, so the Alcohol Testing Program may better monitor each instrument individually and maintain statistics necessary to successfully evaluate breath alcohol testing within the state. Some of the breath test instrumentation currently being used (Intoxilyzer 5000) in Florida is approaching fourteen (14) years of age. Over 60% of the breath test instruments being used are over 11 years in age. Within the next couple of years, the manufacturer of the current breath test instrumentation may cease production of parts necessary to repair these instruments and they will no longer be available for use. Currently, there are two "types" of Intoxilyzer 5000 instruments and three "types" of software used in the breath test instrumentation. Use of the Intoxilyzer 8000 would bring statewide consistency to breath alcohol testing and have available one type of instrument and one type of software. The Intoxilyzer 8000 will provide the criminal justice agencies in Florida with breath test instrumentation that is of the most advanced technology and of the highest scientific reliability. FDLE Byrne Fonnula Grant Application Package Intoxilyzer BODO - Phase III Grant App1lcatlon 05,.,0 If pplication for Funding Assistanc Florida Department of Law Enforcement Edward B me Memorial State and Local Law Enforcement Assistance Fonnula Grant Pro ram Improved instrumentation will offer the following: · The ability to specifically quantitate alcohol; · A "mobile" evidentiary breath test for use by criminal justice agencies involved in boating under the influence investigations or in DU I checkpoints; · Networking capability so that the Alcohol Testing Program can begin maintaining statistics necessary to successfully evaluate breath alcohol testing in the State. Such information will be loaded into a central database at FDLE. This will allow FDLE to determine the number of breath tests performed and the average breath test result in Florida. This information will facilitate Alcohol Testing Program planning and provide information for policy makers at the state, county or agency level. FDLE Byrne Formula Grant AppllcatJon Package Intoxllyzer 8000 - Phase III Grant Application Do"o. J:; pplication for Funding Assistanc Florida Department of Law Enforcement Edward B me Memorial State and Local Law Enforcement Assistance Fonnula Grant Pro ram 2. Project Description: Briefly describe proposed project activities. This section should address the basic points of who, what, when, where, and how. It is the goal of the Alcohol Testing Program to bring the breath alcohol testing methodology and instrumentation used within the state to the forefront of technology. At a minimum, the new instrumentation will offer the ability to measure the alcohol concentration of a person's breath specifically for alcohol. The instrumentation will offer a "mobile" breath test for use by criminal justice agencies involved in boating under the influence investigations as well as allowing a networking capability through the use of computers. This capability will allow the Alcohol Testing Program to better monitor each instrument individualty and maintain statistics necessary to successfully evaluate breath alcohol testing within the state. Information will be loaded into a central database at FDLE, which will provide extensive networking capability throughout the state. Information including, but not limited to, the subject, the case, the number of breath tests a particular agency performs within a given period, and the breath alcohol result can be obtained from the database. This will allow FDLE to determine the number of breath tests performed and the average breath test result in Florida. This information will facilitate Alcohol Testing Program planning and provide information for policy makers at the state, county or agency level. The St. Lucie County Sheriff's Office will purchase and distribute 11ntoxilyzer 8000 and 1 Printer, which will be used to print data obtained by the Intoxilyzer 8000. Distribution of the equipment will be as follows: (Please list each agency that will receive equipment and how many of each.) Aaencv Number of Intoxilvzer 8000s Number of Printers Martin County Sheriff's Office 1 1 TOTAL Numbers 1 1 FDLE Byrne Formula Grant Application Paclulge Intoxllyzer BOOO - Phase III Grant ApplIcation CI:t"A ~ pplication for Funding Assistan e Florida Department of Law Enforcement Edward B me Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram Program Objectives and Performance Measures: a. The Objectives and Measures for this program have been pre-established. b. You will need to include the numerical accomplishments for the measures. Enter the total number for the grant period in column 3. For example, if 5 instruments will be purchased, enter 5 in column 3. a. List the number and title of the Program Area to be addressed. 22 (#) CUI Enforcement and Prosecution (Title) b. Uniform Obiectives: Enter the total number for the grant period in column 3. For example, if instruments will be purchased, enter 5 in column 3. .. 022 ~·DUI·Enf()rcement and ProseCution Purchase a specified number of evidentiary breath test instruments. 022.06 Part 1 - During this reporting period, how many evidentiary breath test instruments did you purchase? Purchase a specified number of computer I printer I software packages. 022.07 Part 1 - During this reporting period, how many computer I printer I software acka es did ou urchase? Distribute a specified number of evidentiary breath test instruments to criminal justice breath test facilities in Florida. 022.08 Part 1 - During this reporting period, how many evidentiary breath test instruments did you distribute? List the number by location in the narrative ortion of the re ort. Distribute a specified number of computer I printer I software packages to criminal justice breath test facilities in Florida. 022.09 Part 1 - During this reporting period, how many computer I printer I software packages did you distribute? List the number by location in the narrative ortion of the re ort. FDLE Byrne Fonnula Grant Application Package Intoxllyzer '000 - Phase III Grant Applcatlon Dal"t47 pplication for Funding Assista Florida Department of Law Enforcement Edward B me Memorial State and Local Law Enforcement Assistance Fonnula Grant Pro ram 4. Activity Implementation Schedule. Complete the Activity Implementation Schedule showing when activities in the Program Description will commence and how the project will progress. This chart benchmarks planned activities, both administrative and programmatic. An "X" has been inserted for reports with mandatory due dates for all projects. Place an additional "X" to indicate times applicable to your project, as illustrated for quarterly program reports. Make a detailed listing of key activities under the heading "Programmatic Activities." Your Quarterly Performance Reports will be reviewed against this schedule. Subgrant Period (Beginning Date - Ending Date) Administrative Activities ACTIVITY Oct Nov Dec Jan Feb Mar ADr May Jun Jul Aua Sep Submit Financial Reimbursement Requests Submit Financial Closeout Package X Submit Quarterly Program Reports X X Submit Quarterly PGI Reports (If applicable) Programmatic Activities (Continue on a second page if necessary.) Be sure to include activities mentioned in the Project Description ACTIVITY Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Order Intoxilyzer 8000 instrument(s) X Order printer(s) X Receive Intoxilyzer 8000 instrument(s) X Receive printer(s) X Distribute Intoxilyzer(s) X Distribute printer(s) X FDLE Byrne Fonnula Grant Application Paclcage Intoxllyzer 8000 - Phase III Grant Appllcatlon Oa"'ð$l '" -Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Fonnula Grant Proaram a. The Project Budget Schedule includes five Budget Categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay, and Indirect Costs) and Total Project Costs. Only Expense or Operating Capital Outlay may be used for this program. b. Enter the amount of federal, matching, and total funds by budget category that you will use to support project activities. Enter dollar amounts only in applicable categories based on totals from the Budget Narrative and leave others blank. Total Match must be 25 percent of the Total Budget. c. Show all figures rounded to the next highest dollar; do not include cents. (Example $4,505.25 as $4,506). Type or Print Dollar Amounts Only in Applicable Categories and Leave Others Blank. Budget Category Federal Match Total Contractual Services Salaries And Benefits Expenses 281 94 375 Operating Capital Outlay 4,481 1,494 5,975 Indirect Costs Totals 4,762 1,588 6,350 FDLE Byrne Formula Grant Application Package Intoxllyzer BOOO - Phase III Grant Application Da"'ðO ~ ...., Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Fonnula Grant Proaram 2. Bud et Narrative a. The Project Budget Narrative may reflect costs in only the two appropriate budget categories (Expenses or Operating Capital Outlay (OCO». The Total Project Costs should be included. b. Reimbursements will only be made for items clearly identified in the budget narrative. c. Costs must not be allocated or included as a cost to any other federally financed program. Continue on additional a es if necessa . Please respond to the following five items before providing the details of the Budget Narrative. 1. Source of match must be cash and represent no less than 25% of the project's cost. a. Identify your specific source(s) of matching funds. Match will be provided by the Florida Department of Law Enforcement. b. Is match available at the start of the grant period? Yes. . 2. If Salaries and Benefits are included in the budget as Actual Costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the initial year? N/A No: Yes: If no, please explain. If yes, please list number and title of position and type of benefits. 3. Indicate the OCO threshold established by the subgrantee. $750 4. If Indirect Cost is included in your budget please indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. N/A ~nl ~ A_ ~nrm"':a t:r:ant Annlll':atlnn P:al'k...... Intnvlhnør Rnntt _ Ph:ac.. III t:r:ant A n..'¡":atlnn \w' ."", Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Fonnula Grant Program 5. If the budget includes services based on unit costs, be sure to provide a definition and cost for each service as part of the budget narrative for contractual services. Provide the following information. a. What is the basis for the unit costs? Bid for equipment obtained by FDLE on behalf of applicant. Provider will be CMI, INC. · Unit cost is $5975 for the following package of equipment. Each package includes: CMllntoxilyzer 8000 (#002480FL); internal printer; modem; badge reader; mobile gas delivery system; Scott V.08 gas cylinder; 3 rolls of printer paper; 100 mouthpieces; and a two year limited factory warranty. · Unit cost for each external printer is $375. b. How recently was the basis established or updated? February 2004 Salaries and Benefits: None Contractual Services: None Expenses: 1 @ $375/printer = .J 375.00 (This is to be filled in only if the printers will be not carried as OCO. If printers are considered aco, Expenses will be NtA.) Operatina Capital Outlay (OCO): 11ntoxilyzer 8000 package @ $5975/ package = J 5.975.00 Indirect Costs: None TOTAL BUDGET: $ 6,350.00 1=011= Aurn.. t:nnrN.1a r::ranf IJnnlll'lItInn P:orlr_ Intnvlhn_ AIInII_ Ph.... '" r::,.", ... n,.¡/,...tlnn '-' ...." Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram G. Conditions of Acceptance and Agreement Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 16 of this section. 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth In the current edition of the U.S. Department of Justice, OffIce of Justice Programs (OJP) Financial Guide and 8yme Program Guidance Document as well as Florida laws and regulations Including the Florida Administrative Code Chapter 11D-9, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles of allowability and standards for selected cost items set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMS Circular A-87, "Cost Principles for State. Local and Indian Tribal Governments", or OMS Circular A-21, "Cost Principles for Educaüonal Institutions ". b. All procedures employed in the use of federal funds for any procurement shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or OMS Circular A-110 and Florida law to be eligible for reimbursement. 3. Reports a. Project Performance Reports (1) Reporting Time Frames: The subgrant recipient shall submit Quarterly Project Performance Reports to OCJG by February 1, May 1, August 1, and within forty-five (45) days after the subgranttermination date. In addition, if the subgrant award period is extended beyond the "originar' project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate and timely may result in sanctions, as specified in item 16 of Section G, performance of Agreement Provisions. (2) Report Contents: Performance reports must include both required sections, the quantitative response (in response to specific objectives and measures) and the qualitative narrative. The narrative must reflect on accomplishments for the quarter, incorporate specific items specified for inclusion in performance measures, and also identify problems with project implementation and address actions being taken to resolve the problems. b. Financial Reports (1) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Financial Claim Report to the OCJG. Monthly Financial Claim Reports (1-11) are due thirty-one (31) days after the end of the reporting period. Quarterly Financial Claim Reports (1-3) are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Financial Claim Reports shall be submitted. A final Financial Claim Report and a Criminal Justice Contract (Financial) Closeout Package shall be submitted to OCJG within forty-five (45) days of the subgrant termination period. Such claim shall be distinctly identified as ''finar'. (2) All claims for reimbursement of subgrant recipient costs shall be submitted on the Financial Claim Report Forms prescribed and provided by the Office of Criminal Justice Grants. A subgrant recipient shall submit either monthly or quarterly claims in order to report current project costs. Reports are to be submitted even when no reimbursement is being requested. (3) All claims for reimbursement shall be submitted in sufficient detail for proper pre-audit and post-audit. FDLE Byrne Formula Grant Application Package Intoxllyzer .000 - Phase III Grant Application '-' Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram ,."" (4) Before the "final" claim will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (5) The subgrant recipient shall submit Quarterly Project Generated Ihcome Reports to OCJG by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date covering subgrant project generated income and expenditures during the previous quarter. (See Item 10, Program Income.) c. Other Reports The subgrant recipient shall submit other reports as may be reasonably required by OCJG. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall estabfl6h fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by OCJG. b. All contractual expenditures and cost accounting of funds shall conform to OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and federal Office of Management and Budgefs (OMB) Circulars A-21, A-87, and A-110, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. 5. Payment Contingent on Appropriation The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or priorto the termination date of the subgrant recipienfs project are eligible for reimbursement 7. Advance Funding Advance funding may be authorized for up to twenty-five (25) percent of the federal award for each project according to Section 216.181 (16)(b), Florida Statutes, the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. Advance funding shall be provided to a subgrant recipient upon a written request to the Department justifying the need for such funds. This request, including the justification, shall be either enclosed with the subgrant application or submitted to the Department prior to the first request for reimbursement. Justification should address a 30160/90-day need for cash based on the budgeted activities for the period. 8. Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program funds. 9. Travel and Training a. All travel reimbursement for out-of-state or out-of-grant-specifled work area shall be based upon written approval of the Department prior to commencement of actual travel. Subgrant recipients shall obtain written approvaf from the Department for reimbursement of training costs and related travel priorto commencement of training, if the specific training was not listed in the approved budget. Subgrant recipients shall obtain written approval from the Department for reimbursement of travel costs for field trips that were not listed in the approved project description and budget. b. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Florida Statutes. c. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida statutes. FDLE Byrne Formula Grant Application Package Intoxllyzer 8000 - Phase III Grant Appncatlon '-" ...,; Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Fonnula Grant Proaram 10. Program Income (also known as Project Generated Income) Program income means the gross income earned by the subgrant recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide and U.S. Department of Justice Common Rule for State and Local Governments (reference 31 CFR Part 206- Management of Federal Agency Receipts, Disbursements, and Operation ofThe Cash Management Improvement Fund). 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when their rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contracfs compliance with requirements found in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and in applicable state statutes. The Departmenfs approval of the subgrant recipient agreement does not constitute approval of consultant contracts. 12. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during iIs useful life or request Department disposition. b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-11 O. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMS Circular A-11 O. 14. Copyright The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership INith support funded under this grant agreement. 15. Audit a. Subgrant recipients that expend $300,000 or more in a year in Federal awards shall have a single or program- specific audit conducted for that year. The audit shall be performed in accordance with the federal OMS Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in The Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of Sections 11.45 and 215.97, Florida Statutes, and Chapters 10.550 and 10.600, Rules of the Florida Auditor General. b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and managemenfs written response to all findings, both audit report and managem ent letter findings. Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the FDLE Byrne Fonnula Grant Application Package Intoxllyzer '000 - Phase III Grant Application '-' ..., Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Fonnula Grant Proaram audit report in instances of noncompliance with federal laws and regulations. e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. f. Subgrant recipients that expend less than $300,000 in Federal awards during a fiscal year are exemptfrom the audit requirements of OBM Circular A-133 for that fiscal year. In this case, written notification, which can be in the form of the ·Certification of Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or notification of non-applicability should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 16. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipienfs consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 17. Commencement of Project a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the subgrant recipient shall send a letter to OCJG indicating steps to initiate the project, reason for delay and request a revised project starting date. b. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the subgrant recipient shall send another letter to OCJG, again explaining the reason for delay and request another revised project starting date. c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall. at its discretion. unilaterally terminate this agreement and re-obligate subgrantfunds to other Department approVed projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written amendment to this agreement. 18. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) ifsuch failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy. acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes. and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either ofthem, the subgrant recipient shall not be deemed in default, unless: FDLE Byrne Formula Grant Application Package Intoxllyzw BOOO - Phase 11/ Grant ApplIcation '-' Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram """" (1) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient faDed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any fanure to perform was occasioned by one or more said causes, the delivery schedule shan be revised accordingly. 19. Extension of a Contraçt for Contractual Services Extension of a contract for contractual services between the subgrant recipient and a contractor (which includes all project budget categories) shall be in writing for a period not to exceed six (6) months and is subject to the same terms and conditions set forth in the initial contract. Only one extension of the contract shall be acceptable, unless failure to complete the contract is due to events beyond the control of the contractor. 20. Written Approval of Changes In this Approved Agreement Subgrant recipients shall obtain approval from the Department for major substantive changes. These include, but are not limited to: a. Changes in project activities, target populations, service providers, implementation schedules, designs or research plans set forth in the approved agreement; b. Budget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget item; or, c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the Department. Transfers do not allow for increasing the quantitative number of items documented in any approved budget item, i.e., increasing the quantity of equipment items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits category.) d. Under no circumstances can transfers of funds increase the total bUdgeted award. 21. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Departmenfs decision. b. If the subgrant recipient appeals the Departmenfs decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Departmenfs clerk (agency clerk). The subgrant recipienfs right to appeal the Departmenfs decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Rule 28-1 06.1 04, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. 22. Conferences and Inspec::tlon of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Access To Records a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, docu ments, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. FDLE Byrne Formula Grant ApplkatJon Package Intoxllyzer 8000 - Phase 11/ Grant Appncatlon '-" Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Fonnula Grant Proaram ..., b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the subgrant recipient or Its contractor in conjunction with this agreement. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 25. Signature Authority Both the Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative who sign Section I. Signature Page, have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source and the ADP JUstification forms. The Project Director has authority to submit requests for approval of specific travel, Financial and Performance Reports, with the exception of the Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for himlher, the chief officer or elected official must submit to the department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the OCJG must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of Chapter 435, Florida Statutes shall apply. a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions ofthe central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to Chapter 435, F.S., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be fimitedto, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency. When fingerprinting is required, the fingerprints ofthe employee or applicantfor employmentshaB be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency. to the United States Department of Justice for processing. The employing agency shall reimburse the FDLE Byrne Fomrula Grant AppllcaUon Package Intoxllyzer 8000 - Phase III Grant Application \.f Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Fonnula Grant Prooram -....I Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug Court Projects a. A Drug Court Project funded by the Byrne Formula Grant Program must contain the 10 keyelementsouUined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program Office, program guidelines "Defining Drug Courts: The Key Components", January 1997. This document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700. b. To ensure more effective management and evaluation of drug court programs, the subgrant recipient agrees that drug court programs funded with this award shall collect and maintain follow-up data on criminal recidivism and drug use relapse of program participation. The data collected must be available to U.S. DOJ and FDLE upon request. 30. Overtime for Law Enforcement Personnel Priorto obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components ofthe criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System a. The purpose of the federal regulation published in 28 CFR Part 23 - CriminallnteUigence Systems Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968, 42 U. S. C. 3701, et seq., as amended, use those funds in conformance with the privacy and constitutional rights of individuals. b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth in 28 CFR Part 23 _ Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this agreement. c. This certification is a material representation offact upon which reliance was placed when this agreement was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds. The Department's approval of the subgrant recipient agreement does not constitute approval of the subgrant- funded development or operation of a criminal intelligence system. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP's Financial Guide is required from all projects that are involved with confidential funds from either Federal or matching funds. The signed certification must be submitted at the time of grant application. 33. Equal Employment Opportunity (EEO) a. No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuantto Title VI ofthe Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non-Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H. b. The subgrant recipient and a the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968, as amended and that they have or have not formulated, implemented and maintained a current EEO Program. Submission ofthis certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the FDLE Byrne Fonnula Grant ApplIcation Package IntoxHyzer 8000 - Phase HI Grant Application \-f Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program "wi subgrant recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss offederal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Information). c. Any subgrant recipient or implementing agency receMng a single grant award for $500,000 or more OR an aggregate of grant awards for $1,000,000 or more during any 18 month period in federal funds, must have approval of its EEO Plan by the U.S. DOJ, Office for Civil Rights (OCR). The subgrantee shan submnits EEO Plan to FDLE, for submittal to the U.S. DOJ, OCR for approval. The submission shall be in both paper copy and electronic format. If the U.S. DOJ, OCR has approved an agency's EEO Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a copy of its approval letter from the OCR. However, if the EEO Plan approval is more than two years old, an updated Plan must be submitted. d. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient offunds, the recipient will forward a copy of the finding to the OfficeforCMI Rights, Office of Justice Programs. 34. Americans with Disabilities Act Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Trtle II), public accommodations (Title III), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section 27 4A( e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 36. National Environmental Policy Act (NEPA) a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as tong as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 1 OO-year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the subgrantee, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded program or activity. FDLE Byrne Formula Grant Application Package Intoxltyzer 8000 - Phase In Grant Application ~ Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Fonnula Grant Proaram ....,; 37. Non~rocurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85.510, Participant's Responsibilities). These procedures require the subgrant recipient to certify ~ shaft not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United States Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. The undersigned certifies, to the best of his or her knowledge and belief, that (1) No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. (2) If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shaD complete and submit the standard form, Disclosure of Lobbvina Activities, according to its instructions. (3) The undersigned shall require that the language of this certification be included in award documen1s for aU subgrant awards at all tiers and that all subgrant recipien1s shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 38 of Section G, Conditions of Acceptance and Agreement, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. "Pay -to-Stay" Funds from this award may not be used to operate a "pay-to-stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to-stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 41. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessmentJimpact statemen1s as required under the National Environmental Policy Act a. General Requirement: The subgrantee agrees to comply with Federal, State, and local environ mental, health and safety laws and regulations applicable to the investigation and closure of clan destine methamphetamine laboratories and the removal and disposal ofthe chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. FDLE Byrne Fomrula Grant Application Package Intoxllyzer 8000 - Phase 11/ Grant AppRcatJon '-' Application for Funding Assistance Floñda Department of Law Enforcement Edward Byrne Memoñal State and Local Law Enforcement Assistance Fonnula Grant Program ....., b. Specific Requirements: The subgrantee understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipmen~ and waste form a seized laboratory's operations are placed or come to rest. Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it win (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrantee understands that it may implementthese protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. 1. Provide medical screening of personnel assigned or to be assigned by the subgrantee to the seizure or closure if of clandestine methamphetamine laboratories; 2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrantee to either the seizure or closure of clandestine methamphetamine laboratories; 3. As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; 4. Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; 5. Employ qualified disposal contractors to remove all chemicats and associated glassware, equipmen~ and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; 6. Dispose of the chemicals, equipmen~ and contaminated materials and wastes removed from the sites of seized laboratories at property licensed disposal facilities or, when allowable, property licensed recycling facilities; 7. Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately above in order to ensure proper compliance; 8. Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that ant residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and 9. Included among the personnel involved in seizing of clandestine methamphetamine laboratories, or have immediate access to, qualified personnel who can respond to the potential health needs of any offender(s)' children or other children present or living at the seized laboratory site. Response actions should include, at a minimum and as necessary, taking children into protective custody, immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations or health care. FDLE Byrne Formula Grant Application Package Intoxllyzer 8000 - Phase III Gnlnt Application .W' Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial state and Local Law Enforcement Assistance Fonnula Grant Proaram ...., SUBGRANTEE CERTIF/CA TION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) . . . (Select one of the following): . X-Meets Act Criteria _Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Subgrant Recipient meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Subgrant Recipient. . . (Select one of the following): -LHas a Current EEO Plan _Does Not Have a Current EEO Plan Has included a copy of the current approval letter from the US DOJ I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Signature of Subgrantee Authorized Official Type Name: Frannie Hutchinson Title: Chairperson Subgrant Recipient: Sl Lucie County Board of County Commissioners Date: FDLE Byrne Fonnula Grant Application Paclulge Intoxllyzer .000 - Phase III Grant AppllcliltJon ~ Application for Funding Assistance Florida Department of Law Enforcement Edward B me Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram IMPLEMENTING AGENCY CERTIFICA TION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that this Implementing Agency. . .(Select one of the following): -!...Meets Act Criteria _Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Implementing Agency meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Implementing Agency. . . (Select one of the following): x Has a Current EEO Plan Does Not Have a Current EEO Plan Is Included in the EEO Plan of the Subgrant Recipient. Has included a copy of the current approval letter from the US DOJ I further affirm that if the Implementing Agency meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Signature of Implementing Agency Authorized Official Type Name: Ken J. Mascara Name of Subgrant Recipient: St Lucie County Board of County Commissioners Name of Implementing Agency: St. Lucie County Sheriff's Office Title: Sheriff Date: FDLE Byrne Fonnula Grant Application Package Intoxl/yzer BODO - Phase HI Grant Application 'wi Application for Funding Assistance Florida Department of Law Enforcement Edward B me Memorial State and Local Law Enforcement Assistance Fonnula Grant Pro ram H. In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. Signature: Typed Name and Title: Clavton H. Wilder. Community Proaram Administrator Date: ":'::.".,:c.":;"-':"':'-~~:""""_'.-::,,"":"'":,:::_~Ubg~,~i~~;_,-.;:~,,~--;:,;_/;;:~'i;\J,;'r::;:,:'~;::""~:!':_;:.::;:':>-<"':_,- - .", .~Orfzing 0tftciaI of Governmental Unit <.,., '., iòn Chairman. Mayor. or Deslgríated Represen Typed Name of Subgrant Recipient: Sl Lucie County Board of County Commissioners Signature: Typed Name and Title: Frannie Hutchinson, Chairperson Date: :::",':',<::,'::.0,; e >lmplemfÌntino "'c .. ' rQi' Desrg~ .-" .. ,e:"C":_'-L ~'~'::'-:,,'c,,;;' '<c" 'f':',"';'" "::'.';:y:,: .~.-': Typed Name of Implementing Agency: Sl Lucie County Sheriffs Office Signature: Typed Name and Title: Ken J. Mascara. Sheriff Date: FDLE Byrne Fonnula Grant Application Package Intoxllyzer 8000 - Phase III Grant ApplJcatlon ... ,. \.- To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: ~ APPROVED CJ OTHER Approved 5-0 County Attorney Originating Dept.: Finance: '-' "wi Agenda Request Item Number Date: C-5i.': 01/18/05 Consent Regular Public Hearing Leg. [ ] [ X ] [ ] [ ] Quasi-JD [ ç /) Presented By ~~ Growth Management Director Request of The Packers of Indian River, for final plat approval for the project to be known as Packers of Indian River Replat One. This project is located on 15.25 acres of land at the western terminus of Environment Drive, in the IH (Industrial, Heavy) Zoning District. The project consists of 2 industrial lots. Board of County Commissioners Growth Management The Packers of Indian River, has submitted the final plat for the project to be known as Packers of Indian River Replat One located on 15.25 acres of land at the western terminus of Environment Drive. N/A On January 3, 2005, through GM Order 05-001, the St. Lucie County Growth Management Director granted minor site plan approval for the project to be known as Packers of Indian River Replat One. Approve the final plat of Packers of Indian River and authorize its final execution. D DENIED ~URRENCE' ~. Douglas M. Anderson County Administrator Jr Coordination! Signatures Mgt. & Budget: Other: \J1'J Purchasing: Other: ,.~- -- '-' "wi Commission Review: January 18, 2004 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM To: Board of County Commissioners From: Growth Management Director Date: January 12, 2004 Subject: Petition of The Packers of Indian River, for final plat approval for the project to be known as Packers of Indian River Replat One. On January 3, 2005, through GM Order 05-001, the St. Lucie County Growth Management Director granted minor site plan approval for the project to be known as Packers of Indian River Replat One. The project is located on 15.25 acres of land at the western terminus of Environment Drive, in the IH (Industrial, Heavy) Zoning District. The project consists of 2 industrial lots. The associated final plat for this subdivision was received in the office of the Growth Management Director on December 30,2004. It has been determined that this plat meets all applicable provisions of the St. Lucie County Land Development Code and Chapter 177, Florida Statutes. In accordance with the provisions of Section 11.03.03(0) of the St. Lucie County Land Development Code, this office is requesting that the Board approve the plat for the subdivision to be known as Packers of Indian River Replat One. Please contact this office if you have any questions on this matter. SUBMITTED: ~.~ Edward Cox Growth Management Director cc: Mike Owen, PSM - Culpepper & Terpening, Inc. Ron Harris, County Surveyor File \ "'- .' ~ 5~ Q.~ ~ :z:. 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In i !ÍR ,II 0 I ~jl wt 2 Is; d i I ~ ~ ~ I I I ...~ ~: ~ .Z< Z <-CI SCI¡ O ø:I&IO OCl~ ~ø:sa. f&.0 . ~ g~~ < prn5 . , .o<u ...... U . ~ 1&11&1 I&IZ- -ou r_' g 3 þooIoo ~ Eo- P:= .:9~ Eo-ø..m mc: . P:= ~gr; ~ ~ ~~8 >- g~~ 1-4 1&1 ~ u P:= t!¡ - ::3 ~sa.1%I op ø.. Z .~ 1&1 < §Cli: 1-4 0 ~ f&. f""'\ rn ø.. 0 I-4Ð . Z 1:':11&1< ø..i::: 1-4 53 sa. CI rnoz r.... ~N< þooIoo 0 ... o Eo- 5 ... .~ rn ... 1&1 f&.t!¡ rl"\ Zo< V.i 0 Eo- ø.. P:= 5:9 øi r....' 1&Ig,,1:':I þooIoo rn 1&1 ~ ~ zc:o ~ -<0 U t!I 1%1 zt!I < >=~~ ~ ~1%Iø.. ~. _c .. I~ ~ !I ~ . " ~ -- " / / - - - - ~~- .o----:ct.IS- - - .L-- " _ 5" M£.. _ --~-/ " ,L.-- -~ __ / --~-----=-~----~.. ._-. 1'__- - -, 7' 11""""_"... ' L- "..-..- -s - ~- - .- - .4' -;.;-~=-;.~ ~ ';,,~ / -- I; ~"/-- - I "~ / / II / / .1'/ .1'/ /" ; r 2 I.. ¡'It J.~ I r . I , I r I I I : I : . I I I I I I I I I I I I I I I I I .I". - ! I I . I :1, I:. I~ I' I ; I I I III I I §i I I I I II ,I II I I I .en" 1.00"'" I I .. I i I I I I . I i I I =, I §l I I I i I I I -.- ~ 1M ~n. .:, ;.: :1..... .. .1 I šli Ii !I ':, I llil ' . ( ~ - I. "I· ,III III I -I _I I: II I. III!I'. I 1111' III d 1111:-11111 ·~I: ~ ....11"111. ·.1, ~ ~~~!m!!!!!!:b::~:~~.: .I. !ill !>!í lu . , ~I-' '- . - ~- ~ '-- -j..,.~~;a:~- I. ~~I ~~ b ~g !¡I¡lei ~i!¡i~i i~I~I~r, .....-. .. "". '-' AGENDA REQUEST ......, ITEM NO. C-6 DATE: January 18, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Dennis Wetzel SUBMITTED BY(DEPT): Information Technology SUBJECT: Approval of an additional Analyst position, Job Code 547, Pay Grade 20, to be jointly funded by the Mosquito Control District and Public Works/Code Compliance Division for the remainder of FY2004-05 to provide part-time Mosquito Control District analyst support of state- mandated reporting data and part-time Public Works/ Code Compliance analyst support for implementation and maintenance of the new Public Works/Code Compliance permitting system. In FY2005-06, the Analyst will be fully funded by IT. BACKGROUND: The Mosquito Control District has requested part-time analyst support from Information Technology for the balance of FY04-05 due to the retirement of the individual in Mosquito Control who was able to handle those functions in addition to his assigned job responsibilities. Also, the Public Works/Code Compliance Division is in need of a part-time analyst to provide implementation and maintenance support of their new permitting system. Information Technology does not presently have available analyst resources or funding to provide the requested analyst in their FY04-05 budget. The Mosquito Control District and Public Works/Code Compliance Division have funding available to fund the position in their FY05 approved budgets. FUNDS AVAIL: No budget impact. Funds are available in Mosquito Control District Account #145-6230-513100-600, Salaries - Temporary Employees, for 50% of the funding and in Public Works Account 102-2415-512000-200, Salaries, for 25% and Account 491-2415-512000-200, Salaries, for 25%. PREVIOUS ACTION: N/ A RECOMMENDATION: Recommend the Board of County Commissioners approved an additional Analyst position PS05-080 in support the Mosquito Control District and the Public Works/Code Compliance division in the amount of $43,000 from the date of hire through September 30, 2005. COMMISSION ACTION: ~ APPROVED [] DENIED [ ] OTHER: Approved 5-0 CONCURREblCE: ~~eßon County Administrator County Attorney: Originating Dept: Ou ~ Review and ADDrovals Management & BUdget:~9 Purchasing: Other:I!Æ~ --. "" ~ '-' ...., g,.....',>"..:.,""........,..,,,,/'.~,,,'......:,'""..-..:,,',-'''.,,,,., "····-··,···~~··,·····¡·-''''/.··'·:··,,:.;·~''-'~e INFORMATION TECHNOLOGY ~'Jl~b~!@~~'4"' ~"~' ., COUNTY . FLORIDA ...."......, ....,....- .,., ".', ..... -' ..,........,...., ..........,...." MEMORANDUM """'o~,*;;,:d""·~,-~·~#:£:W:l' ¡ I¡.¡\i~\-¡'~lþ/q%_.;·\_'i~"'i·:'..'~-"·.,.'~)."'~~';¡.;;MM"'.;¡".1J;¡¡.~,,."'··,. TO: FROM: Ray Wazny, Assistant County Administrator Dennis Wetzel, Director ç~ January 12, 2005 DATE: RE: Position request (Analyst) Please reference the attached consent agenda item C-6 submitted for the 1/18/05 SOCC meeting. The background information leading to this position request is as follows: 1. The key staff person at Mosquito Control is retiring and as a result Jim David has requested additional support from the LT. Dept. for the rest of FY05 that was not budgeted. He needs 50% of an Analyst position. This position will also need to be carried into the FY06 budget. 2. The new Permits software called City View is only the first module of a series of modules purchased from Municipal Inc. to be implemented. This project requires the technical skills of an Analyst position to support the Public Works Permit area. This support was not budgeted in FY05. The LT. Dept. has recommended Code Enforcement fund 50% of the Analyst position. There is no budget impact to fund this position. The funds are available in FY05. Please indicate your consideration and approval of the above recommendation by signature below. unty Administrator Date: I If ;j¿J 5 / ...,- .""",... ... w ~ JOB CODE: 547 PAY GRADE: 20 SALARY RANGE: $39,184.50 . $60,822.74 STARTING SALARY: $39,184.50 (Upon successful completion of 6 months probation, add 5% to starting salary.) POSITION: ANALYST MAJOR FUNCTION: Analyzes user specifications and requirements. Evaluates and tailors existing or proposed systems or procedures. This position reports to an Analyst Supervisor or the Manager. KNOWLEDGE, ABILITIES AND SKILLS NEEDED IN ORDER TO PERFORM THE ESSENTIAL JOB FUNCTIONS: Abilities to include: Operating systems, database engines, object oriented/client server Programming and report writing tools. Knowledge of: SQL Server, MS Access, Unix, Windows, Novell, Oracle, PUSQL, Pro C, Visual Basic, Oracle Forms, Infomaker, Crystal Reports, PowerBuilder, and Windows-based products. ESSENTIAL JOB FUNCTIONS: Adapts existing or proposed systems or procedures to follow requirements in departmental function. Conducts interviews, gathers and analyzes data to determine feasibility and criteria for improvements. Coordination of system updates and replacement. Coordination of and provision of training in system use and access. Performs related work as requested or assigned. ESSENTIAL PHYSICAL SKILLS: Use of both hands and fingers with dexterity. May be called upon to lift objects greater than 30 pounds. Occasional walking and standing. Vision must be good enough to be able to read instruction manuals. Must have good command of English language and be able to hear normal telephone conversations. Good hand/eye coordination. WORK HAZARDS: Extensive use of computer monitor which may have effect on vision. SAFETY EQUIPMENT USED OR NEEDED: None. EDUCATION: AA or AS degree in Computer Science or related field. EXPERIENCE: Three years of relevant experience or an equivalent combination of technical training and experience. LICENSE, CERTIFICATION OR REGISTRATION: A valid Florida driver=s license is required with a good driving record. .,. ....... ...... en 0:: w Zit') 00 _0 en~ en~ -0 :EOit') :ENo 00::0 O<CN > w .. ...>~ Z ...J ~ ::)<CC'CI 00::;, O~C LL.LL.C'CI 00::' o .. CLL.W O::I-~ ðenc mW<c >:)c ...Gz zWw :)o::C) oz<c 00 wE -en 00 3a. ...: en > C> o ...I o Z :I: () W I- Z o ~ ::E a:: frcn z- _C> Q) U .c. "0= _ cOO - ....:::1 OQ)Wa.. t:£;~Q) o >.,£g .c. Cl..o en - Cl.Q)_"O ~ E m æ .5 +f E t5 Q) t: 0 'C: Eco-- Cl. 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U en "0 c :::I U. ~ z ::::) o o ~ o co 9 It) o cn o Q. 8 w It: Z o ¡::: fñ o 11. ~~ ~ '-' AGENDA REQUEST '..I ITEM NO. 7 DATE: January 18, 2005 REGULAR ] PUBLIC HEARING CONSENT [ X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: ADMINISTRATION/MEDIA PRESENTED BY: SHANE DEWITT SUBJECT: Replacement of existing audio recording devices for BOCC BACKGROUND: For the purchase of new digital audio software and computer hardware in order to record, archive and store meeting minutes. With this updated technology, staff will be able to archive, store and produce minutes more efficiently as well as cut down on the cost of tape duplication. See attached memo. FUNDS WILL BE MADE AVAILABLE IN: 001-1225-564000-100,001-1225-56800-100 Media Relations 102-15101-568000-100 Growth Management PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board approve the purchase of replacement equipment for digital audio recording and archiving, approve Budget Amendment #05-119 and EQ05-279, EQ05-280, EQ05-281 COMMISSION ACTION: [}Cj APPROVED [] DENIED [ ] OTHER: Approved 5-0 NCE: o glas M. Anderson County Administrator County Attomey:xx Coordination/Signatures Management & Budget: ~ Purchasing: Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable)~. H:\AGENDAS\AUDIO RECORD. DOC /-~ '-' "wi ~f" ~~~;i<)_; ""'" ~é'^¿C "'" C< , ~;~ ~ ~ ~ ~4;¡';' ~ iV" ìttr_ ~ ~'" ", illf¡ ~~=~'" , ~ ~, J ¡ ; t v "'" ~ J ( t ~ : ¡¡:~" J " ' Co~~~~~g !,~~~,E~!:1m,u~ìly ~, ~ MEDIA RELATIONS To: From: Date: Subject: . Board of County Commissioners Shane DeWitt, Technical Operations Manager, SLCTV January 12,2005 Background for Digital Audio Recording Equipment SoniClear MeetingPro Gov is a Microsoft Windows program that works with the built-in soundcard for easy capture and processing of voice content. The recording process is simple, with built-in controls for setting record volume and volume level display. SoniClear works with all Major Windows sound cards, including professional-grade cards, and supports multiple card devices for signal input and output. The recording and note taking features in MeetingPro Gov help to reduce time spent reviewing handwritten notes and searching through tapes. Meeting minutes are produced faster and meeting research is much more efficient. MeetingPro Gov uses the existing infrastructure of computers and networks, saving money on recording equipment, tape duplication and tape storage. The total amount for equipment will be $7,942.00. The monies for this equipment will come from two sources. The Growth Management Department will purchase three(3) software licenses and transcription pedals at a cost of $3,135.00 from account # 102- 15101-564000-100 This software will be used in Conference Room 3, Growth Management Conference Room and an extra copy for Growth Management. The remaining balance will be made available from General Fund Contingency 001-9910- 599100-800 in the amount of $4,807.00. This money will be moved into Media Relations Machinery & Equipment account 001-1225-56400-100 and Capital Software 001-1225-568000-100. This portion will pay for an additional copy of the software and transcription pedal for the SOCC and two(2) Howard computers specifically equipped with larger hard drives and back-up drives for recording audio. One will be permanently placed in the Chambers while the other will be placed in Conference Room 3. 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VENDOR #3 VENDOR #2 VENDOR #1 UNIT PRICE UNIT PRICE UNIT PRICE TOTAL PRICE 3 ea. $ 895.00 $2,685.00 3 Foot Pedal $ 150.00 $ 450.00 Pro osal No. 852 #3 #2 #1 $ 3,135.00 VENDO VENDOR REPRESENTATIVE: #1 #2 #3 REQUESTING PERSON DEPARTMENT HEAD OR AUTHORIZED PERSON ONLY - '-' ...",; INTERNAL REQUISITION AUTHORIZATION For Warehouse Orders and Other Quotations DEPARTMENT: Administration-Media Relations FUND: 001-1225-564000-100 DATA INPUT PAGE CLERK 1 REQUISITION NUMBER REQUISITION 01/18/05 DATE DELIVER TO: Shane DeWitt-Technical Operations Manager. SLCTV REMARKS: This is to purchase one licensed COpy of SoniClear MeetingPro Gov software as part of new digital audio eauipment for recording. storing and archiving meetina minutes. VENDORS: #1 NUMBER NAME ADDRESS Advanced Media Systems PO Box 14123 Greenville, SC. 29610 SOLE SOURCE #2 NUMBER NAME ADDRESS EMERGENCY PURCHASE #3 NUMBER NAME ADDRESS ITEM QUANTITY UM DESCRIPTION NO VENDOR #3 UNIT PRICE VENDOR #2 UNIT PRICE VENDOR #1 UNIT PRICE TOTAL PRICE 1 SoniClear Meetin9Pro Gov 1 SoniClear USB Transcription Foot Pedal for Computer $ 895.00 $ 150.00 PRICES ESTABLISHED BY: VENDOR TOTALS $1045.00 VENDOR REPRESENTATIVE #1 #2 #3 Shane DeWitt-Technical Operations Manaaer. SLCTV REQUESTING PERSON DEPARTMENT HEAD OR AUTHORIZED PERSON ONLY H:lIntemal ReqslINTERNAL REQ-RecordingAudio2.WPD '-' ....", INTERNAL REQUISITION AUTHORIZATION For Warehouse Orders and Other Quotations DEPARTMENT: Administration-Media Relations FUND: 001-1225-564000-100 DATA INPUT PAGE CLERK 1 REQUISITION NUMBER REQUISITION 01/18/05 DATE DELIVER TO: Shane DeWitt-Technical Operations Manaaer. SLCTV REMARKS: This is to purchase two computers as part of new diaital audio eQuipment for recordina. storina and archivina meetlna minutes. #1 VENDORS: NUMBER NAME ADDRESS Howard Computers 580 Eastview Drive Laurel, MS 39440 SOLE SOURCE #2 NUMBER NAME ADDRESS EMERGENCY PURCHASE #3 NUMBER NAME ADDRESS ITEM QUANTITY UM DESCRIPTION NO VENDOR #3 UNIT PRICE VENDOR #2 UNIT PRICE VENDOR #1 UNIT PRICE TOTAL PRICE 2 Howard Desktop Havoc 01 wI Dual 120gb Hard Drives $ 3762.00 PRICES ESTABLISHED BY: VENDOR TOTALS $3762.00 VENDOR REPRESENTATIVE #1 #2 #3 Shane DeWitt-Technical Operations Manaaer. SLCTV REQUESTING PERSON DEPARTMENT HEAD OR AUTHORIZED PERSON ONLY H:\Intemal Reqs\INTERNAL REQ-RecordingAudio.wPD - 5ì:;"Á~ ~~ 1~rie8T~ffœœ~f._k '~'--...-;.::;¡.. Phone: (772) 462-1681 Fax: (772) 462-1443 ~ARD OF COUNTY "wi COMMISSIONERS ST. LUCIE COUNTY 2300 VIRGINIA AVENUE FORT PIERCE, FL. 34982 IT Quote Date Quote # 11/2/2004 436 Name/Address COUNTY ADMINISTRATION W.O.# 51092 REQUESTOR Shane DeWitt Description Total Howard Desktop Havoc 01 wi Dual 120gb Hard Drives, MS Windows XP, MS 1,881.00) Office Pro 2003 (X2 VENDOR INFORMATION: Howard Computers 580 Eastview Drive Laurel, MS 39440 The goods and/or services as quoted hereon have been requested in the I Total quantity and quality stated. Quotes are valid for 30 days unless . otherwise stated. $1,881.00 I AUTHORIZED SIGNATURE -3 - - Easy, affordable digital recording software that makes government more efficient and responsive. Advanced Digital Recording Features Record Use Windows laptop desktop computers to record m e e tin gs , he arin g s . preséntations. .andtraining sessions. Digitally records to the computer disk drivé,with automátic VolceBoost processing for cleanersound. Organize While recording, one click adds agenda items or notes. The note-taking features make locating important meeting points easy. Transcribe Speed up the process of creating written meeting mInutes. Playback any section. by simply clicking on a note. Use thé VirtualFoot Pedal or optional USBfoot pedal for hands-free transcribing. Archive Archive recordings for electronic review. Digital archives can be stored on hard drive, network drive, COROM or posted to web server for Internet access by staff and the public. Product Information MeetingPro Gov Digital Recording with Advanced Note Taking and Publishing Features Capture and manage important meeting information with digital accuracy. MeetingPro Gov makes meetings more efficient and effective: Improve Communication Use existing computers and networks to move information to everyone who needs it. Important meeting recordings are readily accessible from COROM, LAN, Intranet, or the Internet. Increase Efficiency All interested parties can retrieve essential meeting information faster and more accurately, while saving filing time and storage space. Produce meeting minutes faster, and spend less time searching handwritten notes or audio/video tapes. Insure Accountability MeetingPro Gov enhances management of actions required after meetings. Action items, project specifications, and commitments can be tracked directly to the source. Digitally record, manage, publish and archive important meeting proceedings. Government Meetings, Board Meetings, Hearings, Project Management Meetings, Interviews, Seminars, Training Sessions Windows-based Software MeetingPro Gov runs on any Windows desktop or laptop computer (Windows XP, 2000, NT, ME, or 98, 200mHz or faster processor). Recordings can be distributed electronically on COROM, over the local area network, and through any web server for Internet access. "MeetingPro provided an excellent way for our Burglar Alarm Task Force to use the web to keep citizens informed about these important meetings. " Clifford Eng Assistant General Manager Information Technology Agency City of Los Angeles "Meetingpro has made it much easier to produce accurate minutes of discussions from our City Council meetings. I love it!" Marjorie Wahlsten City Clerk La Canada Flintridge, CA Trio Systems LLC 936 E. Green St Suite 105, Pasadena, CA 911 06 . 626/584-9706 Voice . 626/584-0364 Fax . info@triosystems.com . www.soniclear.com SoniClear is a registered trademark of Trio Systems LLC. MeetingPro is a trademark of Trio Systems LLC. MP3 software and patents are licensed by Thomson Multimedia. Commercial distribution of MP3 files requires a separate license, see www.mp3Iicensing.com for details. All other trademarks are the property of their respective owners. !oIt ¡ l. "~ SoniClear Products Page 1 of 1 '-' ....., ~:~~~:..~~<?~j,~,~,r:~,~,), ,'" Home Products Applications Purchase Support Compan .-.Y^' ~"''''' "-="M"'~ W. Wo"H>W'-'^ ~'W~ Y ^^~">- y =w. "^VV^,,,,," ~ VW~^W,""'^'''^''' "'~ "...w.y>-Wo"'''' ..,"w""w, "==........,..........,,,....,-.,. ""~.."<""""'"" """'~~""...,.--- =,..,,.., t How SoniClear Works SoniClear is a Microsoft Windows program that works with the built-in soundcard for easy capture and processing of voice content. The recording process is simple, with built-in controls for setting record volume and volume level display. SoniClear works with all Major Windows sound cards, including professional-grade cards, and supports multiple card devices for signal input and output. P rod acts Overview RecorderPro 4 MeetingPro 4 Additional Information Audio recorded in SoniClear can be processed into WAY, MP3, and Java AU formats. By selecting the VoiceBoost option, the sophisticated digital signal processing in SoniClear will process voice content for enhanced signal strength and clarity. Technicallnformatiol .. How SoniClear Works VoiceBoost Processinc General Features · Compatible with Windows 95/98/ME/NT/2000IXP · Simple tape recorder style user interface. · Record voice from microphone or line inputs. · Supports all major Windows soundcards · Automatic USB device detection and selection · Supports multiple sound cards · Select input and output card devices separately · Built-in recording level controls and level meters · Automatic Voice Boost DSP voice optimization · Output to WAY, MP3, AU and AIFF format Quick Links Purchase RecorderPrc RecorderPro literaturE RecorderPro Manual RecorderPro Free Tria VoiceBoost Optimization Automatic VoiceBoost signal enhancement ensures the maximum clarity of the voice on every recording. With VoiceBoost your recordings will sound strong and intelligible, even when played back on low-fidelity computer speakers. View the VoiceBoost Page for more information. http://www.soniclear.comlProductsHowSoni Clear W orks.html 10/19/2004 w ...., ADVANCED) media systems .. Proposal Date Proposal # 10/18/2004 852 P.O. Box 14123 Greenville, SC 29610 phone:864-246-7747 fax:864-246-9991 email:advancedmediasystems@charter.net Name I Address County of St. Lucie 2300 Virginia Ave. Ft. Pierce, FL 34982 Project Meeting Pro Recording Softwar Description Qty Rate Total SoniClear Meeting Pro Gov 3 895.00 2,685.00T SoniClear USB Transcription Foot Pedal For Computer 3 150.00 450.00T Please feel free to call with any questions. Subtotal $3,135.00 Sales Tax (0.0%) $0.00 Signature Total $3,135.00 ~ ....,; . PRICE QUOTE Trio Systems LLC Quotation For: St. Lucie County Shane De Witt 2300 Virginia Ave. Ft. Pierce, FL 34982 936 E. Green St. Suite 105 Pasadena, CA 91106-2945 626/584-9706 626/584-0364 Fax support@triosystems.com http://www.soniclear.com Quotation Date: Valid through: October 15,2004 November 30, 2004 Qt)' Item U nit Price Total 3 Meetingpro Gov $995.00 $2,985.00 Multiple License Ouantitv Discount (10%) -298.50 3 USB Foot Pedal 150.00 450.00 Subtotal 3,136.50 California Sales Tax t NA Shiooing and Handling ¡ Included Total $3,136.50 T Sales tax on California orders only. ~Orders ship via UPS Ground within 2 business days. Expedited shipping is available on request for an additional charge. MeetingPro software license includes one year of technical support, including telephone support and software updates. After the first year, support and update service can be renewed for 25% of the original purchase price. Training via teleconference is available for $100 per hour, plus conferencing costs. Payment due upon receipt. Make checks payable to Trio Systems LLC. 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BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: OMB for Media & Growth Management PREPARED DATE: 1/10/2005 AGENDA DATE: 1/18/2005 001-1225-564000-100 001-1225-568000-1 00 102-15101-568000-100 FROM: 001-9910-599100-800 102-15101-564000-100 $4,807 $3,135 CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: $751,805 $4,807 $746,998 DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: ~~ I BA05-119 '-' ...., FISCAL YEAR 2004-2005 FUNDS APPROVED FROM CONTINGENCY GENERAL FUND AMOUNT REMAINING: $780,305 ACCOUNT # DEPARTMENT ITEM 001-9910-599100-800 Approved Budget Contingency BA05-106 BA05-104 BA05-107 BA05-108 BA05-109 BA05-110 Proposed action: BA05-115 BA05-119 Commissioners' Budget Amendment FY05 Feasibility Study for Parks & Rec Building at Lawnwood To purchase Commissioners and Administration Portraits To purchase furniture for Walton Road Annex To purchase carpet for Commissioners To allocate funds for appraisals for the Harbor Branch Shrimp Property Total used: Balance Available Consulting Services - Emergency Shelter Impact Fees To purchase Software and Computers for Recording System Balance Available After Proposed Action: AMOUNT $1,000,000 $19,118 $12,000 $2,107 $170,000 $11,270 $5,200 $219,695 $780,305 $28,500 $4,807 $746,998 ,- eve '-' AGENDA REQUEST "wi ITEM NO. c-8a DATE: Jan. 18,2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ROGERA SHINN DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES ... SUBJECT: AMENDMENT NO. II TQ CONTRACT NO. C04-04-323 ~' CENTEX ROONEY SCHENKEL SHULTZ DESIGN/BUILDERS, L.C. ROCK ROAD JAIL EXPANSION PROJECT BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 315-2330-562000-26003 (Buildings) 310003-2330-562000-26003 (Buildings) PREVIOUS ACTION: On December 7,2004, Item No. c-7c, the Board of County Commissioners approved Change Order No.1 to Contract #C04-04-323 to increase contract time. ~ RECOMMENDATION: Staff recommends the Board of County Commissioners approve Am.endment No. II to Contract No. C04-04-323, to increase the Direct Owner Purchase Program by $500,000.00 from the original amount of $3,000,000.00 toa new total of $3,500,000.00, and authorize the Chair to sign this Amendment as prepared by the Attorney. .. ~. ___n'._...._..__.. ._~____ MISSION ACTION: &c1 APPROVED [] DENIED fl OTHER: . Approved 5-0 Mgt. & Budget: Other: o Änderson ÇO~~f:::;9:::ii~t;; ¡Û Other: "!è",,_,'" """,,,'1- ,. Y '~~~in:tin·g De;t:(~ Finance: (Check for Copy only, if Applicable) Coordination/Signatures Eft. 1/97 H:\AGENDA\AGENDA-12 CENTEX CO-2.DOC - W' "wi ,/ MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: ROGER A. SHINN, DIRCTOR DATE: JANUARY 18,2005 SUBJECT: AMENDMENT NO. II TO CONTRACT NO. C04-04-323 CENTEX ROONEY SCHENKEL SHULTZ DESIGN/BUILDERS, L.C. ROCK ROAD JAIL EXPANSION PROJECT ****************************************************************************** BACKGROUND: On April 27, 2004, St. Lucie County entered into Contract No. C04-04- 323 with Centex Rooney Schenkel Schultz, L.C. for design and construction of the Rock Road Jail Expansion project. The Revised Owner Direct Material Purchasing, Section E, states: St. Lucie County will set aside approximately $3 million dollars internally to cover owner direct purchase orders. As the project progresses, cost have exceeded the original $3 million dollars totaling $3,351,555.77. To cover additional expenses expected from this project, staff is requesting to amend C04-04-323 for the Direct Owner Purchase Program to be increased by $500,000.00 from the original amount of $3,000,000.00 to a new total of $3,500,000.00. This Amendment No. II will not change the actual contract amount (firm fixed price) of $18,955,000.00, these additional funds are available and will be moved from the existing Centex Rooney Schenkel Schultz purchase order, thereby decreasing the purchase order to $15,455,000.00. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Amendment No. II to Contract No. C04-04-323, to increase the Direct Owner Purchase Program by $500,000.00 from the original amount of $3,000,000.00 to a new total of $3,500,000.00, and authorize the Chair to sign this Amendment as prepared by the Attorney. 11/07/2005 15:48 FAX 17724290886 ,.".. CENTEX ROCK RD JAIL 141 002 ~ .., '" " I:ENTEX RODNEY SCHENKEL SHULTZ DF..sIGNIBUJIl)E~ L.o. ecc ( Q 068 P.o. Box 1779 FI. Pjert:e, Florida 34945 Phone: 112-429-0658 Fax: 77¡-429-0886 January 7,2005 Roger Shinn St. Lucie County 2300 Virginia Ave. Ft. Pierce, Florida 34982 Re: Rack :Road Jail Expansion Subj: Request to Inl:Te~e Direct Owner Purchase Encumbrance Dear Mr. Shinn: We are requesting that the account established for the Direct Owner Purchase Program be increased by $500,000.00 from the original amount of $3,000,000.00 to a new total of $3,500,000.00. To date requisitions have been issued for tllL~ Program totaling $3,35 I ,555.77. These additio)'lal funds will be required to cover Purchase Ordas being issued in excess of the original $3,000,000.00 amount and any furore Requisitions expected from the Project. If you have any questions, please contact me. Sincerely, CENTEX ROONEY/SCHENKEL SHULTZ DESIGN/BUlLDEltS, L.C. Æ~44-- John McNary Project Manager cc: Centex Rooney Construction Co. : Traci Register St. Lucie County: leII)' Parenteau ~/ . .~ AGENDA REQUEST "wi ITEM NO. c-8b DATE: Jan 18,2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: CHANGE ORDER NO.8 TO CONTRACT NO. C03-06-452 ADMINISTRATION BUILDING ADDITION/BARTH CONSTRUCTION, INC. BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 310003-1930-562000-16008 (Buildings) PREVIOUS ACTION: On December 7,2004, Item No. c-7b, the Board of County Commissioners approved Change Order No. 7 to Contract No. C03-06-452/Barth Construction, Inc. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order No.8 to Contract No. C03-06-452, Barth Construction, to increase the contact sum in the amount of $3,858.00, and authorize the Chair to sign the Contract Change Order as prepared by the Attorney. Mgt. & Budget: C~NCE: ~ Doug Anderson County Administrator Puco",,'", M"., $I r MISSION ACTION: DC! APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: ~ Originating Dept: a~ Finance: (Check for Copy only, if Applicable) Coordination/Signatures Other: Other: Eff. 1/97 H:\AGENDA\AGENDA 13-BARTH co-a.DOC 'r '-' ,..., MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: DON MCLAM, ASSISTANT DIRECTOR DATE: JANUARY 18,2005 SUBJECT: CHANGE ORDER NO.8 TO CONTRACT NO. C03-06-452 ADMINISTRATION BUILDING ADDITIONIBARTH CONSTRUCTION, INC. ****************************************************************************** BACKGROUND: On June 24, 2003, the Board of County Commissioners approved Contract No. C03-06-452 with Barth Construction for the Administration Building Addition. As the project nears completion the following items are needed: · Purchase and installation of one floor box in the second floor conference room. Cost: $853.00 · The irrigation located on the south side of the parking lot must be relocated further south, approximately 3' to 4'. Cost: $1,424.00 · Installation of an additional wall in Conference Room #1. Cost: $1,581.00 Staff is requesting approval of Change Order No.8 to Contract No. C03-06-452, Barth Construction, to increase the contract sum in the amount of $3,858.00 for the purchase and installation of one floor box, relocation of irrigation and installation of additional wall. (Please see attached proposals) RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order No.8 to Contract No. C03-06-452, Barth Construction, to increase the contract sum in the amount of $3,858.00, and authorize the Chair to sign the Contract Change Order as prepared by the Attorney. '-' "a~t! ...., General Contractor CGC007847 November 26, 2004 Paul Dritenbas Edlund, Dritenbas, Binkley Architects & Associates ,65 Royal Palm Pointe Vero Beach, FI 32960 Re: St. Lucie County Administration Addition Proposal Request # 29 Additional Floor Box Paul, l.. We are submitting herewith our costs for the Additional Floor Box in the amount of, Eight Hundred Fifty Three and 00/100 Dollars {$853.00) and a time extension of 0 days. 1) The scope is limited bsupply and install one floor box in the second floor conference room. Includes chipping up of slab and conduit back to electrical panel. Should you require any additional information, please feel free to contact me. Sincerely, Approved by: Architect Approved by: Owner Date: Date: Cc: Ken Hall, SLC Central Services The daily General Conditions Amount is determined as follows; 1717 Indian River Boulevard * Suite 202A * Vero Beach, Florida 32960 Phone: (561) 778-3072 * Fax: (561) 770-3017 E-mail: inforw,bmthconstru(,'tion.com * Internet: www.barthconstruction.com F:\Projects\SLC Admin. Addition\Proposal Requests\#29 additional floor box.doc '. , '-' ~I_~!n!. ...." General Contractor CGC007847 December 9, 2004 Paul Dritenbas Edlund, Dritenbas, Binkley Architects & Associates 65 Royal Palm Pointe Vero Beach, FI32960 Re: St. Lucie County Administration Addition Proposal Request # 30- Relocate Irrigation Paul, We are submitting herewith our costs for the Relocation of Irrigation in the amount of, One Thousand Four Hundred Twenty Four and 00/100 Dollars ($1,424.00) and a time extension of 0 days. 1) The irrigation located on the South side of the parking lot is currently located under the proposed concrete curb gutter and must be relocated further South approx 3' to 4 '.This line was not discovered until the site subcontractor started to excavate for the gutter. Should you require any additional information, please feel free to contact me. Sincerely, ~lf Bartli Construction Inc. Approved by: Approved by: Architect Owner Date: Date: Cc: Ken Hall, SLC Central Services 1717 Indian River Boulevard * Suite 202A * Vero Beach, Florida 32960 Phone: (561) 778-3072 * Fax: (561) 770-3017 E-mail: inf()(¡j2.!?~uthconstruçtion.com * Internet: www.barthconstruction.com F:\Projects\SLC Admin. Addition\Proposal Requests\#29 additional floor box.doc .,. .--'- -. '-' THU 17: 04 FAX 561:...77030~.!. BARTH CONSTR. INC. ~ -+~~ EDLUND raJOOl ~~~.. I'!!!!t!. CGCO07847 General Contractor December 9. 2004 Paul DritenbaS Edlund, Drltenbas, Bink,ley Architects & Associates 65 Royal Palm Pointe Vera Beach. F' 32960 Re: $1. Lucie County Administration Addition Proposal Request # 31-Addltlonal Wall in Community Development "'j Paùl, we are submitting herewith our costs for the Additional Wall in the amount of, One Thousand Fi,.-e Hundred Eighty One and 00/100 Dollars ($1,581.00) and a time extension of 0 days. 1) The wall was installed in Conference Room #1 in the Community DevelQpment area of the 2nø Floor. Should you require any additional information, please feel free to contact me. Sincerely. ~'~>R ;l-- .Barth Ccmlilruction Inc. A~,~d~' ~ IIf EM ~";/ Appruved by: O_lter Date: Dnte: Cc: Ken Ho1l1 SLC Ccntr31 Services 1717 Indian R ¡ver Boulevard * Suile Z02A · Vera Beach, Florida 32960 Phone: (561) 778·3072 * fax: (561) 770-3017 F.-mail: j~~r¡"~·I·~~;1¡J!l!.:~)}~:;.\rt!~.\ ~tJ..'l.£q!n · Inlcrnet: WWW.bDrthcnnSlruction.com F:\Pro.iecrs\.Six Admin. Addìtinn'¡PropClsnl Rcqu~!õts\#30 relocate irrigHlion line.doc , ~ . ~ .....t n..1·'? þu 'P n 1 ; CHANGE ORDER ST. LUCIE COUNTY PROJECT: (name, address) Administration Building Addition ~ ~ CHANGE ORDER NUMBER: 8 INITIATION DATE: January 10, 2905 You are directed to make the fOlloWin.g C~. es in this Contract: (Additional sheet attached as Exhibit A Yes No) ',. CONSULTANT'S PROJECT NO.: N/A ST. LUCIE COUNTY CONTRACT NO: C03-06-452 CONTRACT DATE: June 24, 2003 TO (Contractor): Barth Construction, Inc. 1717 Indian River Blvd. Vero Beach, Fl. 32960 Purchase and installation of one floor box in the second floor conference room. Relocation of irrigation. Installation of an additional wall in conference room #1. The original (Contract Sum) (Guaranteed Maximum Cost) was .......................... Net change by previous authorized Change orders ..................................... The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was ....... The (Contract Sum) (Guaranteed Maximum Cost) will be<{irlcreaseQD(<BU~ ~~ (g~~~~~C~~~~)e (g~~~~nt~~d 'M~~i~~;"; 'é~~t . 'i~~i~d¡~9 'Ú~i~' è'h'~~g~' å'rd'~r' ~'ill' b~' The Contract Time will be ~~ (J!lIICCIlæi2K unchan e by The Date of Substantial Completion as of the date of this Change Order therefore is: $J.,625,000.00 $ 176,936.00 $1.,801,936.00 $ 3,858.00 $¡, 8051794.00 (-0 Days February 2, 2005 Funds Available: Account Number 310003-1930-~f\?OOO-1 f\OOR The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope oftheentirework as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Address Approved: Central Services St. Lucie County Department 2300 Virginia Ave.,Ft. Pierce,FI. Address Recommended: Architect/Engineer By Date Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 By Agreed To: Barth Construction, Inc. Contractor ~{L2-¥Qbd. ,Vero ~ Date Bch. ,Fl. By Date Approved as to Form and Correctness County Attorney Date WHITE - VENDOR GOLDENROD - FINANCE GREEN - PURCHASING PINK - DEPARTMENT ..-- ,1IIf'C ...... - '-' AGENDA REQUEST .."" ITEM NO. C-9a DATE: January 18, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS Michael Powl y, P.E. County Engineer SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Jenkins Road Emergency Repair - Repair of water/sewer line caused by a subcontractor in County right-of-way. BACKGROUND: See attached memorandum. FUNDS AVAIL. Funds will be made available in 101-4114-546240-4913 Transportation Trust-Capital Projects-Grants & Other . PREVIOUS ACTION: n/a RECOMMENDATION: Staff recommends Board authorize staff to proceed with Jenkins Road Emergency Repairs in the amount of $50,000 waive the formal bidding process. COMMISSION ACTION: E: D(] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Dou las M. Anderson County Administrator [,¡Co"oly AItomey Y [x]Originating Dept. Public Work~ [ ]Finance Jenkins Road emergency repair.ag Coordlnation/Sianatures [x]Mgt. & BUdgetJJjtV ;f)fJt~ [x]Co. Eng~"\Ì\ . [x]Fiscal Coord. []Other - -~ ~ '-' ....., DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer DATE: January 18, 2005 SUBJECT: Jenkins Road Emergency Repair - Repair of water/sewer line caused by a subcontractor in County right-of-way. BACKGROUND During construction of Treasure Cay Properties, Jenkins Road (between Okeechobee Road and Tedder Road) was undermined. Staff is requesting authorization for our contractor, Johnson-Davis, to perform the emergency roadway repairs in the amount of $50,000. Funds will be provided by the Letter of Credit from Treasure Cay Properties. ,.. '-' ....., ITEM NO. c. crb DATE: January 18, 2005 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY DIVISION: ROAD & BRIDGE DIVISION PRESENTED BY: '1 (--'J \; >~ .'-. \.-J. Scott Herring, P.E. Road & Bridge Manager SUBJECT: Approval of Work Authorization #3 with Kimley-Horn & Associates for the preparation of Bid Documents for improvements at the Intersection of US 1 & Indrio Road, and permission to advertise for Bids. BACKGROUND: On May 22, 2001, the Board approved a Work Authorization with Kimley-Horn & Associates, Inc., to design the intersection improvements at US 1 & Indrio Road. Staff has negotiated an agreement with Kimley-Horn & Associates to assist with preparation of the Bid Documents for this intersection improvement at a cost of $2000.00 FUNDS AVAILABLE: Funds will be made available in 101006-41167-563005-440017 Transportation Trust Impact Fees -Traffic Signals PREVIOUS ACTION: 5/22/01 - Approval of Design Work Authorization Item # C-2c RECOMMENDATION: Staff recommends that the Board approve Work Authorization #3 with Kimley-Horn & Associates, Inc. for preparation of Bid Documents for improvements at the intersection of US 1 & Indrio Road in the amount of $2,000.00, authorize the Chairman to sign the Work Authorization, and grant permission to advertise for bids for this project. COMMISSION ACTION: ~ APPROVED[ ] DENIED [ ] OTHER Approved 5-0 E: Douglas Anderson County Administrator [x] County Attorney [x] County EnQineer ~/ Coordination Signatures [x] Mgt. & Budget _~ rnfY(1 UProject. Man. ¡,¡ p'I1'~0\5i'~ P// [x] Dept Revenue Coord~ US1@lndrio.doc - ~ ""'" WORK AUTHORIZATION NO.3 Engineering Services Roadway and Intersection Design C03-09-644 Indrio Road/US 1 Intersection Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Kimley-Horn and Associates, Inc. (the "Engineer") dated September 9, 2003, the Engineer agrees to provide the Scope of Services described in Exhibit "A" and for the Compensation described in Exhibit "B". All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit "C". IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ENGINEER BY: a e: dE:f"F- 15· /VItia,s om and Associates, Inc. t )Ii.' h~ / / Date: - '-' ...., Exhibit A Scope of Services Task 1 - Section 300 Preparation We will itemize the construction components included in the roadway improvements and signalization construction and compile them in the Section 300 format. The document will contain itemized pay items, measurements and quantities. In addition, the pay items will be detailed as to the inclusions and specifications congruent with the St. Lucie County format. We will coordinate with the County Engineering and Traffic Operations to ensure a comprehensive document. K:\P ROPOSAL \KHA \5l1ucle40. doc ~ .. '-' ~ Exhibit B Compensation We will provide the services described in Task 1 for a lump sum amount of $2,000 inclusive of expenses. KIPROPOSAL IKHA\stluae40 .doc .-:y '-' """'" Exhibit C Schedule Document preparation is expected to take approximate1y two weeks from the time that notice to proceed is given. K:"PROPOSAl\KHA \stlucie<&O .doc: ~ I~" ., II· ... I' .' c.." . 1"11 ' ...,' . ...., ,,"'~ ·.,i t Æ: ',.,: r '::::: :4'::::' :,.: : A,:: ,'.: :-- - :4:' - '-:í' é ", .,.",;~j'di.ß" .;: ,,1Ii,'..". ... . ,.1, JI'I)II' ~ 'V' .., ----~ "._'~. ,.,:'~:::~ F.annle Hu.chlnson, Chaltman Ch.l. C.., Vice Chairman 'oseph E. Sml'h Doug Cowa.cI Paula A. Lewl. D....ld No. 4 D....ld No.1 D....ld No. I D....ld No.2 D....lcl No. I AGENDA ,anua., II, 2001 I. GENERAL PUBLIC COMMENT CONSENT AGENDA I. PUBLIC WORKS EROSION 1'110 A. Budget Resolution No. 05-001 supporting Amendment No. 2 to Project Agreement No. 2 to Project Agreement No. 04SL1 (Fort Pierce Shore Protection Project) with the Florida Department of Environmental Protection (C04-01-013) - Consider staff recommendation to approve Budget Resolution No. 05-001 supporting Amendment No. 2 to Project Agreement 04S11 (Fort Pierce Shore Protection Project) (C04-01-013) with the Florida Department of Environmental Protection and authorize the Chairman to execute said Budget Resolution. B. Budget Resolution No. 05-002 supporting Amendment No. 04SL2 (South St. Lucie County Beach Restoration Project) with the Florida Department of Environmental Protection - Consider staff recommendation to approve Budget Resolution No. 05-002 supporting Project Agreement 04S12 (South St. Lucie County Beach Restoration Project) with the Florida Department of Environmental Protection and authorize the Chairman to execute said Budget Resolution. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings Is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the 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 Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-elght (48) hours prior to the meeting. .. "';",-;:J.. ~ AGENDA REQUEST """" ITEM NO. 2A DATE: January 18, 2005 . ......~ ~. REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710 PRESENTED BY: ~L!~~j~I'Úl Richard A. Bouchard, P. E. Erosion District Manager TO: ST. LUCIE COUNTY EROSION DISTRICT SUBJECT: Budget Resolution No. 05-001 supporting Amendment NO.2 to Project Agreement No. 04SL 1 with the Florida Department of Environmental Protection (C04-01-013). BACKGROUND: The Florida Beach Erosion Control Program (FBECP) is administered through FDEP and presently provides approximately $30 million annually to assist eligible local governments with their beach erosion control projects. This particular Project Agreement (Ft. Pierce Shore Protection Project --04SL 1) was approved by the Board on January 13, 2004 and allocated state funds of $974,000 for beach and coastal related activities along Ft. Pierce Beach. On March 9, 2004 the Board approved Amendment No.1 to this agreement increasing the grant amount to $1.3 million ($650,000 from the State and $650,000 from the County) for the non-federal costs of renourishing Fort Pierce Beach in the spring of 2004. On January 11, 2004 the Board approved Amendment No. 2 to this agreement increasing the grant amount to $1.662 million ($831,000 from the State and $831,000 from the County) for the non-federal costs of an emergency renourishment of Fort Pierce Beach during the spring of 2005. The attached budget resolution (#05-001) supports the second amendment to this agreement. FUNDS: Budget Resolution No. 05-001 supporting Amendment NO.2 to Project Agreement No. 04SL 1 with the Florida Department of Environmental Protection (C04-01-0 13). PREVIOUS ACTION: January 13, 2004: Board approved FDEP Project Agreement 04SL 1 in the amount of $974,000. March 9, 2004: Board approved Amendment No.1 in the amount of $650,000. January 11,2005: Board approved Amendment NO.2 in the amount of $831,000. RECOMMENDATION: Staff recommends Erosion District Board approval of Budget Resolution No. 05- 001 supporting Amendment No. 2 to Project Agreement 04SL 1 (C04-01-013) with the Florida Department of Environmental Protection and execution of said Budget Resolution by the Chairperson. [,¡ APPROVED [ ] DENIED rl OTHER: Approved 5-0 COMMISSION ACTION: (x]County Attorney [,]O','O,Uo, Depl. P"bl~ wo...~ . j)/ [x]Mgt. & Budget [x]Fiscal Control Coordinator_ ~r¡ ~ [ ]Finance Department (Grants) (x]Erosion District ~ '" """'" RESOLUTION NO. 05-001 WHEREAS, subsequent to the adoption of the St. Lucie County Erosion District's Budget, certain funds not anticipated at the time of the budget have become available from the Florida Department of Environmental Protection Fort Pierce Shore Protection Project in the amount of $831,000 as additional funding towards the initial grant agreement.. WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County Erosion District to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Erosion District of St. Lucie County, Florida, in meeting assembled this 18th day of January, 2005, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2004-2005, and the Erosion District's budget is hereby amended as follows: REVENUES 184205-3710-334391-3630 FI Dept of Environmental Prot $831,000 APPROPRIATIONS 184205-3710-563000-3630 Improvement OfT Buildings $831,000 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chairperson Commissioner Chris Craft, Vice Chairperson Commissioner Joseph E. Smith Commissioner Doug Coward Commissioner Paula A. Lewis xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 18th DAY OF JANUARY, 2005. ATTEST: EROSION DISTRICT ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ....... '" AGENDA REQUEST "wi ITEM NO. 2B DATE: January 18, 2005 SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: ~tl ,-¿l (~~~!\~~ Richard A. Bouchard, P.E. Erosion District Manager TO: ST. LUCIE COUNTY EROSION DISTRICT SUBJECT: Budget Resolution No. 05-002 supporting Project Agreement No. 04SL2 with the Florida Department of Environmental Protection. BACKGROUND: The Florida Beach Erosion Control Program (FBECP) is administered through FDEP and presently provides approximately $30 million annually to assist eligible local governments with their beach erosion control projects. This particular Project Agreement (South St. Lucie County Beach Restoration Project--04SL2) provides for $308,400 in State funds towards the feasibility phase of South Hutchinson Beach project. On January 11 2004 the Board approved Project Agreement 04SL2 with the Florida Department of Environmental Protection Amendment in the amount of $616,800 ($308,400 from the State and $308,400 from the County) for the feasibility phase elements of this project. The attached budget resolution (#05-002) supports this new grant agreement. FUNDS: Budget Resolution No. 05-002 supporting Project Agreement No. 04SL2 with the Florida Department of Environmental Protection. PREVIOUS ACTION: Southern St. Lucie County shoreline designated as critically eroding by the State (FDEP). Southern shoreline receives favorable Reconnaissance level study from the USACOE. May 25, 2004: Board approved the feasibility cost sharing agreement with the U.S. Army Corps of Engineers. January 11, 2005: Board approved Project Agreement 04SL 1 with the Florida Department of Environmental Protection. RECOMMENDATION: Staff recommends Erosion District Board approval of Budget Resolution No. 05- 002 supporting Project Agreement 04SL2 with the Florida Department of Environmental Protection and execution of said Budget Resolution by the Chairperson. COMMISSION ACTION: [,t APPROVED [ ] DENIED [-J OTHER: A d 5 0 pprove - CONCURRENCE: ou las Anderson County Administrator [x]County Attorney [x]Originating Dept. Public work~ fr [x]Mgt. & Budget [x]Fiscal Control Coordinator_£ P, \,,\ [ ]Finance Department (Grants) [x]Erosion District . ,..- '-" ..."" "", RESOLUTION NO. 05-002 WHEREAS, subsequent to the adoption of the St. Lucie County Erosion District's Budget, certain funds not anticipated at the time of the budget have become available from the Florida Department of Environmental Protection providing funding for coastal related activities associated with South St. Lucie County Beach Project in the amount of $308,400. WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County Erosion District to adopt a resolution to appropriate and expend such funds. .. NOW, THEREFORE, BE IT RESOLVED by the Erosion District of St. Lucie County, Florida, in meeting assembled this 18th day of January, 2005, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2004-2005, and the Erosion District's budget is hereby amended as follows: REVENUES 184206-3710-334391-36203 FI Dept of Environmental Prot $308,400 APPROPRIATIONS 184206-3710-563000-36203 Improvement OfT Buildings $308,400 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chairperson Commissioner Chris Craft, Vice Chairperson Commissioner Joseph E. Smith Commissioner Doug Coward Commissioner Paula A. Lewis xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 18th DAY OF JANUARY, 2005. ATTEST: EROSION DISTRICT ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY