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Agenda Packet 01-20-04
\r. . ~ "will AGENDA REQUEST ITEM NO. c.:?& DATE: January 20, 2004 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 04-39 - Proclaiming January 24,2004 as "The Agricultural and Labor Program, Inc. Day" in S1. Lucie County, Florida. BACKGROUND: Ms. Iris Rivera, Health Services Specialist for the Agricultural and Labor Program, Inc., has requested that this Board proclaim January 24, 2004 as the Agricultural and Labor Program Inc. Day in S1. Lucie County, in honor of their 35th Anniversary. The attached Resolution No. 04-39 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends tbat the Board adopt the attached Resolution No. 04-39 as drafted. ~,APPROVED [] DENIED r ] OTHER: Approved 5-0 J COMMISSION ACTION: - Do Anderson County Administrator County Attorney: ßr Review and Approvals Management & Budget Purchasing : Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 ~ "*" Agenda Request Item Number: Meeting Date: ~'A- Jan. 20,2004 Consent Regular Public Hearing Leg. [ X] [ [ ] [ X ] Quasi-JD [ To: Subm itted By: Board of County Commissioners Community Development SUBJECT: Consider Draft Ordinance 04-001, Amending the St. Lucie County Land Devel By Creating Section 1Q.01.10, Administrative Variances To Any Required imensional Requirement of this Code to Accomplish the Goals, Objectives and Policies of the Comprehensive Plan and this Code At the Boards meeting of January 6, 2004, the Board held the first of two required public hearings on draft ordinance 04-001. Draft Ordinance 04-001 proposes to create a new section in our Land Development Code whereby additional authority to grant administrative variances would be given to the Community Development Director when owing to special conditions, the literal enforcement of the dimensional provisions of this Code would Impose a condition whereby greater harm to the existing natural environment would be caused than might otherwise be achieved through the granting of limited relief from any such minimum dimensional standard, subject to the standards and procedures set forth in this section. Following the discussion on his item, the Board agreed to delay the second hearing on this matter until a future date, which was not established, in order to allow time for the County's Environmental Advisory Committee to review the proposal and determine if it indeed was something that the County should pursue. The Environmental Resource Manager has reported that the Environmental Advisory Committee is inactive. A companion Committee, the Vegetation Advisory Committee Is also inactive. In fact In both cases, the effective term of the Committees has lapsed and prior to any reconstitution of these Committees, it will be necessary for the Board to approve a new Resolution reauthorizing one or both of these Committees. It would be staffs' recommendation that if the Board is desirous of reappointing the Environmental Advisory Committee, we combine the functions and duties of both the Environmental Advisory Committee and the Vegetation Advisory Committee Into one general- purpose Environmental Advisory Committee. BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: N/A N/A Assuming that the Board is desirous of reauthorizing the Environmental Advisory Committee, staff will need to present to you, at your next meeting, a formal reauthorization resolution, a defined scope of the committees function and duties and a suggested committee structure that serves as a generalist environmental advisory function. The Board did not set a date for the formal second reading of Draft Ordinance 04-001. In order to provide adequate time to allow for the reconstitution of the Environmental Advisory Committee and for the COmmittee to review this Draft Ordinance, staff recommends that the Board announce 1hat the second public hearing on Draft Ordinance 04-001 will be held on April 6, 2004 at 7:00 PM or soon thereafter as possible. COMMISSION ACTION: [jJ APPROVED CJ OTHER D DENIED Approved 5-0 URRENCE: uglas M. Anderson County Administrator County Attorney Originating Dept.: Finance: Ji- Coordinationl Signatures Mgt. & Budget: Other: Purchasing: Other: (agend768a) '-' '....,/ Agenda Request Item Number. Meeting Date: 5·''3 Jan. 20, 2004 Consent Regular Public Hearing Leg. [ X ] [ ] [ ] [ X ] Quasi-JD [ To: Submitted By: Board of County Commissioners Community Development SUBJECT: Consider Draft Ordinance 04-002, amending the St. Lucie ounty Land Development Code by amending section 7.10.13 Sewage and Sept ge Treatment Facilities in Agricultural Zoning Districts to provide for municipal a nexation of a facility site. BACKGROUND: Attached is a copy of Draft Ordinance 04-002, which proposes to amend the County's current regulations that address Sewage and Septage Treatment facilities in agricultural zoning districts. In sum, these regulations do not prevent a municipal authority from annexation land and proceeding with the development of a sewage or septage treatment facility on that land where the land will retain the County's agricultural zoning designation, until the zoning and land use have been changed in accord with Chapter 163, Florida Statutes, by the annexing municipality. These regulations simply require that the County be included as a consenting partner In the application of the conditional use permit. The reasoning behind this recommend change is that in order to avoid unnecessary multi-jurisdictional conflicts that can rise out of inadequate communication between two separate political entities, where one side can be played off against the other, consensus agreement to the appropriateness of the location and addressing of any site development impacts would be required. FUNDS AVAILABLE: PREVIOUS ACTION: N/A On December 18, 2003, the Planning and Zoning Commission! Local Planning Agency for St. Lucie County held a public hearing on this matter. At the conclusion of that hearing, the Board voted5-1 to recommend that the County Commission approve Draft Ordinance 04-002. The reasons for supporting this proposed amendment, as cited by the' members of the Planning and Zoning Commission! Local Planning Agency, was that it provided an opportunity for residents in the unincorporated areas of the County to have an effective voice in matters that may effect them as adjoining property owners when the decision making process is being done by a separate entity other then the County Comm~sion. RECOMMENDATION: This is the second of two required public hearings on this matter. At the Boards first meeting on this Item, January 6, 2004, there were no specific directions given regarding any potential amendments to this document. Staff recommends that the Board approve Draft Ordinance 04-002, as drafted. COMMISSION ACTION: Coordination/ Signatures Mgt. & Budget: Other: RENCE: [X] APPROVED CJ OTHER D DENIED Approved 5-0 ouglas M. Anderson County Administrator County Attorney ~. Originating Dept.: Finance: Purchasing: Other: (agend767a) '-' 'wi Agenda Request Item Number: Meeting Date: 5·c Jan. 20, 2004 Consent Regular Public Hearing Leg. [ ] [ ] [ ] [X ] Quasi-JD [ X ] To: Submitted By: Board of County Comm.issioners Community Development ... , ~<\ . Prel~)etl B ) I V {, Development Dire or SUBJECT: Consider Draft Resolution 04-005 granting approval to the petition of Jack Ke pton, for a major adjustment to an existing Planned Mixed Use Development Plan t allow the construction of an additional 4,511 square foot educational facility (Harbor Bra ch Leaming Garden Montessori School) for a 2.47 acre parcel of land located within the 20.7 acre Harbor Branch Oceanographic Institution - Visitor's Center located within the PMUD (Planned Mixed Use Development) Zoning District (File No.: RZ-03-028 and PUD-03-o17) BACKGROUND: Jack Kempton, Harbor Branch Montessori School, has submitted a Final Planned Unit development site plan for a 2.47-acre tract of land within a 20.76-acre land tract within the Harbor Branch Oceanographic Institute. The applicant has Indicated that the facility will be utilized for a Montessori School with a maximum of 140 students. The hours of operation are proposed to be from 7:30 am to 5:30 pm. The overall Master Plan for the Harbor Branch Oceanographic Institute identified the proposed area for InstitutionaVEducational uses. To date within the 20.76 acre site there is a 4,063 square foot visitor's center. The proposed Site Plan is consistent with the existing and proposed land uses in the area, and with the previously approved Preliminary Development Plan for the Harbor Branch Oceanographic Institute. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: N/A N/A Staff recommends approval of Draft Resolution 04-005 approving the petitioner's request for final Planned Mixed Use Development for a 4,511 square foot Montessori School. ,subject to the limiting conditions contained therein. CURRENCE: COMMISSION ACTION: [X] APPROVED' o OTHER D DENIED . . Approved 5-0 .-- - Douglas M. Anderson County Administrator Coordination! Signatures County Attorney Finance.: Environ. Resources; ~ Mgt. & Budget: Fire Dept: Utility: Purchasing: Public Works: Other: '-' .....,¡ Agenda Request Item Number: Meetina Date: 5D Consent Regular Public Hearing Leg. [ ] [ ] [ ] [X] Quasi-JD [ X] To: Submitted By: Board of County Commissioners Community Development Presented By Development Director SUBJECT: Consider Draft Resolution 04-008, approving the request of Joseph Miller for a change in zoning from AG-5 (Agricultural - 1 dwelling unit/5 acres) to PUD (Planned Unit Development - Carlton Country Estates) and granting Preliminary and Final Planned Unit Development approval for the project to be known as Carlton Country Estates. (File No.: RZ-03-004 and PUD-03-003) BACKGROUND: Joseph Miller has submitted a Preliminary and final PUD (Planned Unit Development) site plan for a parcel on the east side of Ideal Holding Road approximately .75 acres south of Okeechobee Road. The plan provides for 24 lots on 151 acres (6.29 unit per acre). The plan also provides about 15% common open space and over 80% open space overall. The proposed plan has been granted variances for the length of its roads and the reduction in common open space The proposed subdivision is consistent with both the Comprehensive Plan and the Land Development Code. FUNDS AVAILABLE: N/A PREVIOUS ACTION: April 3, 2003 Board of Adjustment approval of two Variances. December 18 2003 Planning and Zoning Commission recommendation of approval. RECOMMENDATION: Staff recommends approval of Draft Resolution 04-008 which grants rezoning and preliminary and final site plan approval to Carlton Country Estates a 24-unit single-family residential subdivision on 151 acres, subject to the included conditions. [X] APPROVED c::J OTHER D DENIED Approved 5-0 RRENCE: COMMISSION ACTION: Coordinationl Signatures County Attorney Finance.: Environ. Resources; ~ Mgt. & Budget: Fire Dept: Utility: Purchasing: Public Works: Other: '-' To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: 00 APPROVED o OTHER County Attomey Originating Dept.: Finance: ...,,¡ Agenda Request Item Number Date: Consent Regular Public Hearing. Leg. [ ] Board of County Commissioners Community Development 5-& 01120/04 [ ] [ ] [ x ] Quasi-JD [ x ] Consider the petition of Roger Medema for ·a12-month extension fro the date of expiration contained within Resolution 02-025, Preliminary Planned Development Site Plan Approval for the project known as Palm Breezes Club - PUD for property located on the north side of Orange Avenue, approximately 1,800 feet east of the Florida Turnpike - Draft Resolution 04-007. Petition of Roger Medema to consider Draft Resolution 04-007, which would grant a 12- month extension of the Palm Breezes Club Preliminary Planned Development Site Plan. Without such an extension, the site plan will expire. The reason cited for the extension is that developer of the project has been working to finalize the Final PUD for the project. N/A On January 15, 2002, the Board of County Commissioners, through Resolution 02- 025, granted Preliminary Planned Development Site Plan approval for the project known as Palm Breezes Club. On November 25, 2001, the Planning and Zoning Commission recommended approval of the Preliminary PUD. Staff recommends approval of Draft Resolution 04-007 for a 12-month extension of the . Palm Breezes Club Planned Development Site Plan approval. D DENIED Approved 5-0 Douglas M. Anderson COunty Administrator J'< Coordination! Signatures Mg!. & Budget: Other: Purchasing: Other: '-' ..".¡ Agenda Request Item Number: Meeting Date: G Jan 20, 2004 Consent Regular Public Hearing Leg. [ ] [ ] [ x ] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners Community Development BACKGROUND: Gemm¡mity Dev lop nt Director Florida Strategic Intermodal (SIS) System - consid~ recommendation at the Board authorize staff to prepare a formal Resolution of objection to the current draft f the Florida Strategic Intermodal (SIS) System and that the SIS system be amended to i elude certain facilities in St. Lucie County. In 2003, the Florida Legislature passed Committee Substitute for Senate Bill 676. This bill provided for a wide range of transportation-related changes at the State level, including provisions that created the Florida Strategic Intermodal (SIS) System. It appears that the State is seeking to develop a limited statewide transportation system (of all types) that would be the primary focus of all future State funding resources. It Is assumed that this would mean that State expenditures on all other roadways or transportation systems would then be significantly reduced. Since the SIS appears to be the replacement designation for The Florida Intrastate Highway System, if a transportation facility is not part of that system, it would probably not be considered to be eligible for future State support, construction or other funding. On January 21, 2004, the Florida Department of Transportation will be holding one of several statewide public hearings for the purpose of soliciting comments on the Florida Strategic Intermodal (SIS) System. Since there appears to be a push on the part of the State to redirect its future funding priorities to the SIS system, If the St. Lucie community wishes to continue to be a involved partner in the development of a coordinated transportation system that will serve to improve the economic diversity and health of our community, the Board of County Commissioners will need to send a resolution or letter of objection to the State Indicating that that at very least we would like to see the the following facilities considered for Inclusion in the SIS; the Port, Airport, FEC Rail Facilities and SR 70. SUBJECT: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: N/A N/A Staff recommends that the Board authorize staff to prepare a formal Resolution of objection to the current draft of the Florida Strategic Intermodal (SIS) System and that the SIS system be amended to include the above cited facilities. We further recommend that the Board formally reserve the right to object further should any changes to the SIS be determined by the Board to have a negative effect on the economic development opportunities of the St. Lucie community. [X] APPROVED c=:J OTHER D DENIED Approved 5-0 ENCE: COMMISSION ACTION: u as M. Anderson C nty Administrator County Attorney Originating Dept.: Finance: Coordination! Signatures Mgt. & Budget: Other: Purchasing: Other: (agend766) .."" ITEM NO. c-2A DATE: January 20, 2004 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. County Engineer SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: Amendment NO.1 to Work Authorization No. 12 (COO-1 0-112) with Kimley-Horn and Associates, Inc. for Roadway and Intersection Design at Edwards Road and Selvitz Road- Condemnation of MacAdie Property BACKGROUND: On June 15, 1999, St. Lucie County entered into an agreement with Kimley-Horn and Associates to provide design and permitting services for Edwards Road and Selvitz Road Intersection Improvements. The project includes expansion of the intersection to include turn-lanes and stormwatertreatment. Construction is funded in the Capital Improvement Program approved by the Board in 2002. On October 14, 2003, Work Authorization 12 was issued to develop a boundary survey of the proposed right-of-way acquisition area from the MacAdie property. The attached Exhibit liB" to Work Authorization No. 12 is amended to include the additional fees for surveying services as it relates to the proposed condemnation of the MacAdie property in the amount of $4,680. FUNDS AVAilABLE: Funds will be made available in 1 01 002-4112~563003-4114 Transportation Trust-Constitutional. PREVIOUS ACTION: 6/15/99- Board approved the work authorization with Kimley-Horn for design of intersection improvements at Edwards Road and Selvitz Road. 2/20/01 - Board approved the work authorization with Kimley.Horn for retention pond analysis. 9/18/01 - Board approved the work authorization with Kimley-Horn for additional survey and engineering for the development of legal sketches and description associated with the pmd improvements. 2/12/02 - Board approved t~e purchase of the retention pond site. 3/15/02 - Board approved thè work authorization with KimleyHorn for a boundary survey of the retention pond. 4/15/03 - Board approved the work authorization with Kim ley-Horn for surveying, design of stormwater conveyance system and swale improvements, and the preparation of sketch and legal descriptions. 10/14/03 - Board approved WA 12 with Kimley-Horn and Associates for property boundary surveys. RECOMMENDATION: Staff recommends the Board approve Amendment No.1 to Work Authorization NO.12 (COO-10-112) with Kimley- Horn and Associates, Inc., in the amount of $4,680, for additional survey cost rei d to the condemnation of the MacAdie property, and authorize the Chairmen to sign. COMMISSION ACTION: IJC APPROVED I ] OTHER [ ] DENIED Approved 5-0 ~ [x] County Attorney [x] Originating Dept Public Works Edwards Selvitz wa12amend#1 r. adk Dou a Anderson Coun Administrator Coordination Si~natur~ ~ ot.A [x] Mgt. & Budget "Æ.O V71 . [x) Revenue Coor. £A:,"'\ [x] Co. Surveyor ~ -:g;z: [) Other .., :M '-" ...." ITEM NO. C-2B DATE: January 20, 2004 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY CÒMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: Approval of the First Amendment to Work Authorization No. I (Contract COO-l 0-1 06) with Inwood Consulting Engineers, Inc. for the boundary survey for the partial parcel that is being acquired at Weatherbee Road and US 1 in the amount of $2,854. BACKGROUND: The intersection of Weatherbee Road and US 1 needs improvements. The addition of dedicated turn lanes will reduce bottlenecks currently being experienced. These improvements require the acquisition of the property on the northwest comer. J On June 15, 1999 a Work Authorization was approved with Inwood Consulting Engineers, Inc. for the design, permitting, and signalization at the intersection of Weatherbee Road and US 1. On November 12,2002 a Work Authorization was approved for additional survey and design work to identify property for RfW acquisition. FUNDS AVAILABLE: Funds will be made available in Fund No.1 0 1 006-4116-563005-4407 and 101006-4116-563021-4407 (Transportation Trust / Impact Fees). PREVIOUS ACTION: On June 15, 1999 the Board approved the Work Authorization for the design, pennitting, and signalization at the intersection of amount of $38,995. On November 12,2002 the Board approved the Work Authorization for additional survey and design work to identify property for R!W acquisition in the amount of$33,045. RECOMMENDATION: Staff recommends the Board approve the First Amendment to Work Authorization No.1 (Contract COO-l 0-1 06) with Inwood Consulting Engineers, Inc. for the boundary survey for the partial parcel that is being acquired at Weatherbee Road and US 1 in the amount of $2,854. [x] County Attomey [x] Originating t. Public Works [x] Finance (Check for copy on y, if applicable) fÎI tJP ifl -'\ \' --- Dou Anderson County Administrator [x] Mgt. & Budget u.o,' m )1\~ [x] Purchasing [x] Project. Man. 1"1 Ii . [x] Department Rev. Coor. COMMISSION ACTION: IX APPROVED [] DENIED [] OTHER Approved 5-0 ~ f) &// ßAM '-' 'trrttI AGENDA REQUEST ITEM NO. C-3A DATE: January 20, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUN1Y COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road - Right-af-Way Purchase & Temporary Easement Clyde and Mary Barker - Tax I.D. No. 2428-233-0003-000/7 - Parcels 111 & 725 BACKGROUND: Please see attached memorandum FUNDS A V AILABLE: Funds are avai lable in 101006-4116-561007-4108 (Transportation Trust/Impact R/W) and 101006-4116-561002-4108 (Transportation Trust/Impact Abstract/Title) PREVIOUS ACTION: September 12, 2000 - Board of County Commissioners approved Joint Participation Agreement with FDOT to reimburse, design and construct the South 25th Street widening. RECOMMENDATION: Staff recommends that the Board approve the Contract for Sale and Purchase with Clyde and Mary Barker in the amount of SEVEN1Y THREE THOUSAND and 00/100 DOLLARS ($73,000.00) as shown on the attached map, authorize the Chairman to execute the Contract and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. ~ APPROVED ,..~ [ ] OTHER: [ ] DENIED Approved 5-0 COMMISSION ACTION: [XX] County Attorney: JX/ Review and Approvals [XX] Public Works Direct~r:~ [XX] ERD: [XX] County Engineer: [XX] Originating Dept.: f~ [ ]OMB: Finance: (Check for Copy only, if applicable) Eff. 5/96 G: \ACQ\ WP\J oAnn \25th Street\ Barker\Agenda Request .wpd '-" '."",/ AGENDA REQUEST ITEM NO. C-3S DATE: January 20, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road - Temporary Easement Napolitano - Tax I.D. No. 3405-114-0002-000/6 - Parcel 705 BACKGROUND: Please see attached memorandum FUNDS A V AILABLE: Funds are avai lable in 101006-4116-561007-4108 (Transportation Trust /Impact R/W) and 101006-4116-561002-4108 (Transportation Trust/Impact Abstract/Title) PREVIOUS ACTION: September 12,2000 - Board of County Commissioners approved Joint Participation Agreement with FDOT to reimburse, design and construct the South 25th Street widening. RECOMMENDATION: Staff recommends that the Board approve the Purchase Agreement with Mr. Napolitano in the amount of ONE HUNDRED and no/100 DOLLARS ($100.00) as shown on the attached sketch and legal description, authorize the Chairman to execute the Purchase Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. LX. APPROVED [ ] DENIED rTOTHER: A d5 0 pprove - COMMISSION ACTION: . [XX] County Attorney: ~/ Review and Approvals [XX] Public Works Directo~ [ ] Road & Bridge: [XX] County Engineer: Mvþ [XX] Originating Dept.: :ff'#J.- [ ]OMB: Finance: (Check for Copy only, if applicable) Eff. 5/96 G:\ACQ\WP\JoAnn\25th Street\Napolitano\Agenda Request.wpd "'-' AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ...", ITEM NO. 3~ Date: January 20, 2004 Regular [ ] Public Hearing [ ] Consent [ X ] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Resolution No. 04-37, - Approving Proposed Membership Apportionment Plan for St. Lucie Metropolitan Planning Organization BACKGROUND: See C.A. No. 04-69 FUNDS A V AIL. (State type & No. of transaction or N/A): N/A RECOMMENDA nON: Staff recommends that the Board of County Commissioners adopt Resolution No. 04-37, as drafted. COMMISSION ACTION: /XI APPROVED [] DENIED [ ] OTHER: Approved 5-0 '<;O,YOJrAttõtney,-" £. q~¡~~~~ÌJ1~g2J?:~t..~~ \J Finance (Check for Copy only, if applicable): Coo rd ioa tion/Si2na tu res . Mgt & Budget: ~Q~e.rJ(1~Y5 ~ ---0-- ( I CE: Douglas M. Anderson County Administrator P"~h~;'g 4- ~r: , ~.,/ pev· ~ .., AGENDA REQUEST ITEM NO. C-.3D DATE: January 20, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Picos Road - Right-of-Way Dunn Brothers, Inc. - Tax I.D. No. 2314-131-0000-000/3 (part of) BACKGROUND: Please see attached memorandum FUNDS A V AILABLE: N/ A PREVIOUS ACTION: August 14, 2001- Board of County Commissioners approved a Contract for Sale and Purchase for Picos Road Right-of-Way and Retention Pond. RECOMMENDATION: Staff recommends that the Board accept the Quit-Claim Deed from Dunn Brothers, Inc., authorize the Chairman to sign Resolution 04-38 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. I1C APPROVED r r OTHER: [<] DENIED Approved 5-0 COMMISSION ACTION: Dou ~s nderson County Administrator [XX] County Attorney: .:K. Review and Approvals [XX] Public Works Director:~ [ ] Road & Bridge: [XX] County Engineer: MVÞ . [XX] Originating Dept.: f rvJ.. [ ] OMB: Finance: (Check for Copy only, if applicable) Eff. 5/96 G:\ACQ\WP\DON\PICOS RD\Agenda Request.wpd ~ ...." AGENDA REQUEST ITEM NO. C.JE DA TE : January 20, 2004 REGULAR ( ] PUBLIC HEARING. ( ] CONSENT (XX] TO: BOARD OF COUN1Y' COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road - Temporary Construction Easements Palm Lake Gardens Owners' Association, Inc. Tax I.D. No. 2432-800-0001-000/6 - Parcel 731 - Resolution No. 04-40 Shadle - Tax I.D. No. 2432-411-0001-000/2 - Parcel 732 - Resolution No. 04-41 Harris - Tax I.D. No. 2428-323-0003-000/3 - Parcel 734 - Resolution No. 04-42 BACKGROUND: Please see attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: September 12, 2000 - Board of County Commissioners approved Joint Participation Agreement with FDOT to reimburse, design and construct the South 25th Street widening. October 14, 2003 - Board of County Commissioners approved the Purchase Agreements for Temporary Construction Easements. RECOMMENDA TION: Staff recommends that the Board accept the Temporary Construction Easements, authorize the Chairman to sign Resolution Nos. 04-40,04-41, and 04-42 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: ]C APPROVED [1 OTHER: ( ] DENIED Approved 5-0 ./ é,as Anderson County Administrator [XX] Originating Dept.: :fty..~ Review and Approvals (XX] Pobl;, W~'" D;''''''~' [ ] Road & Bridge: [XX] County Engineer:-MYÞ [XX] County Attorney: fl/ [ ]OMB: Finance: (Check for Copy only, if applicable) Eft. 5/96 G:\ACQ\WP\JoAnn\25th Street\Agenda Request Accept Temporary Construction Easements.wpd ~ AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMmED BY(DEPT): County Attorney SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: ~,APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [X] Coun!)' Atto,..y' X [x] Originating Dept: j rr-t- ...", ITEM No3 ::f,. DATE: January 20, 2004 PUBLIC HEARING [ ] CONSENT [XX] PRESENTED BY: Daniel S. McIntyre County Attorney Environmentally Significant Land Program North Fork of the St. Lucie River Rhona S. Fromberg and Joseph L. Pallant Parcel I.D. #3409-703-0125-000/4 and 3409-703-0151-000/5 , Please see attached background memorandum. Funds are available in account 382-3915-561000-310026 On May 22, 2001, the Board budgeted funds to proceed with due diligence on those parcels on the priority list where there are willing sellers along the North Fork of the St. Lucie River. This property, although not on the priority list, is contiguous to other acquired parcels on the North Fork and would be used as a buffer to the trails. Staff recommends that the Board approve the Contract for Sale and Purchase for $36,000.00, authorize the Chairman to execute the Contract for Sale and Purchase and direct staff to proceed with the closing and record the documents in the Public Records of St. Lucie County, Florida. --- Douglas . Anderson County Administrator Review and Approvals [x] Management & Budget [x] Community Development [ ] Engineering: [ ] Public Works:_ I' '" ...., . r1;):r':~~',~~1:~:,:" " JANUARY 20, 2004 6:00 PM BOARD OF COUNTY COMMISSIONERS MEETING 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 7:00 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 asks anyone wishing to speak to come forward¡ one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is 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 7:00 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 workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the 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-lucie.fl.us Paula A. Lewis, Chairman John D. Bruhn, Vice Chairman Doug Coward Frannie Hutchinson Cliff Barnes District No. 3 District No. 1 District No.2 District No. 4 District No. 5 January 20, 2004 6:00 P.M. INVOCA TION PLEDGE OF ALLEGIANCE 1. MINUTES . Approve the minutes of the meeting held on January 13, 2004 2. PROCLAMA TIONS/PRESENT A TIONS A. Judges Presentation of Article V Revision 7 jB. Resolution No. 04-39 - Proclaiming January 24, 2004 as "THE AGRICULTURAL AND LABOR PROGRAM, INC. DA Y" in St. Lucie County, Florida. - Consider staff recommendation to adopt Resolution No. 04·39 as drafted. J. Reading of the announcements by the County Administrator 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA -- ----- -- --- PUBLIC HEARINGS s. COMMUNITY DEVELOPMENT JA. Ordinance No. 04-001 - Amending the St. Lucie County Land Development Code by creating Section 10.01.10, Administrative Variances to any required dimensional required of this Code to accomplish the goals, objectives and policies of the Comprehensive Plan and this Code. Consider staff recommendation that the Board announce the second public hearing on Draft Ordinance 04- 001 will be held on April 6, 2004 at 7:00 PM or soon thereafter as possible. B. Ordinance No. 04-002, amending the St. Lucie County Land Development Code by amending section 7.10.13 Sewage and Septage Treatment Facilities in Agricultural Zoning Districts to provide for municipal annexation of a facility site. - Consider staff recommendation to approve Draft Ordinance 04-002, as drafted. .1\'-'/ ro I-t, J 0 rt£. /.:/..."ry''?) ,ur" 6JL ~ '- 0, /D. ~. '-'" "" Regular Agenda January 20, 2004 Page Two Resolution No. 04-005 granting approval to the petition of Jack Kempton, for a major adjustment to an existing Planned Mixed Use Development Plan to allow the construction of an additional 4,511 square foot educational facility (Harbor Branch Learning Garden Montessori School) for a 2.47 acre parcel of land located within the 20.76 acre Harbor Branch Oceanographic institution - Visitor's Center located within the PMUD (Planned Mixed Use Development) Zoning District. - Consider staff recommendation to approve Resolution No. 04-005 approving the petitioner's request for final PMUD for a 4,511 square foot Montessori School subject to the limiting conditions contained therein. Resolution 04-008, approving of Joseph Miller for a change in zoning from AG-5 (Agricultural - 1 dwelling unit/5 acres) to PUD (Planned Unit Development - Carlton Country Estates) and granting Preliminary and Final Planned Unit Development approval for the project to be known as Carlton Country Estates. Consider staff recommendation to approve Draft Resolution 04-008, which grants rezoning and preliminary and final site plan approval to Carlton Country Estates a 24- unit single-family residential subdivision on 1 51 acres, subject to the included conditions. Petition of Roger Medema for a 12-month extension from the date of expiration contained within Resolution 02-025, Preliminary Planned Development Site Plan Approval for the project known as Palm Breezes Club - PUD for property located on the north side of Orange Avenue, approximately 1,800 feet east of the Florida Turnpike - Draft Resolution 04-007. - Consider staff recommendation to approve Resolution 04-007 for a 12-month extension of the Palm Breezes Club Planned Development Site Plan approval. END OF PUBLIC HEARINGS -------- ----- ---------- -- (6. COMMUNITY DEVELOPMENT Florida Strategic Intermodal (SIS) System - Consider staff recommendation to authorize staff to prepare a formal Resolution of objection to the current draft of the Florida Strategic Intermodal (SIS) System and that the SIS system be amended to include certain facilities in St. Lucie County. Staff also recommends the .Board formally reserve the right to object further, should any changes to the SIS be determined by the Board to have a negative effect on the economic development opportunities of the St. Lucie community. '-' ....., CONSENT AGENDA January 20, 2004 t. WARRANTS LISTS Approve warrants list No. t 8 2. PUBLIC WORKS A. Amendment No. t to Work Authorization No. t 2 (COO- t 0- t t 2) with Kimley -Horn and Associates, Inc. for Roadway and Intersection Design at Edwards Road and Selvitz Road - Condemnation of MacAdie Property - Consider staff recommendation to approve Amendment No. 1 in the amount of $4,680. for additional survey cost related to the condemnation of the MacAdie property, and authorize the Chairman to sign. B. First Amendment to Work Authorization No.1 (Contract COO-1 0-1 06) with Inwood Consulting Engineers, Inc. for the boundary survey for the partial parcel that is being acquired at Weatherbee Road and US 1 in the amount of $2,854. - Consider staff recommendation to approve the First Amendment to Work Authorization No.1 COO-1 0-106 in the amount of $2,854. 3. COUNTY ATTORNEY A. South 25th Street Roadway Widening - Midway Road to Edwards Road - Right of Way Purchase & Temporary Easement - Clyde and Mary Barker - Tax J.D. No. 2428-233-0003-000/7 - Parcels 111 & 725 - Consider staff recommendation to approve the Contract for Sale and Purchase with Clyde and Mary Barker in the amount of Seventy Three Thousand and 00/1 00 Dollars ($ 73,000.00), authorize the Chairman to execute the Contract and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. B. South 25th Street Roadway Widening - Midway Road to Edwards Road - Temporary Easement - Napolitano - Tax J.D. No. 3405-114-0002-000/6 - Parcel 705 - Consider staff recommendation to approve the Purchase Agreement with Mr. Napolitano in the amount of One Hundred and 00/100 Dollars ($100.00), authorize the Chairman to execute the Purchase Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. C. Resolution No. 04-37 - Approving proposed Membership Apportionment Plan for St. Lucie Metropolitan Planning Organization - Consider staff recommendation to adopt Resolution No. 04- 37, as drafted. D. Picos Road - Right-of-Way - Dunn Brothers, Inc. - Tax J.D. No. 2314-131-0000-000/3 (part of) - Consider staff recommendation to accept the Quit-Claim Deed from Dunn Brothers, Inc., authorize the Chairman to sign Resolution No. 04-38 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. E. South 25th Street Roadway Widening - Midway Road to Edwards Road - Temporary Construction Easements - Palm Lake Gardens Owners' Association, Inc. - Tax J.D. No. 2432- 800-0001-000/6 - Parcel 73 t - Resolution No. 04-40 - Shadle - Tax J.D. No. 2432-411- 0001-000/2 - Parcel 732 - Resolution No. 04-41 - Harris - Tax J.D. No. 2428-323-0003- 000/3 - Parcel 734 - Resolution No. 04-42 - Consider staff recommendation to accept the Temporary Construction Easements, authorize the Chairman to sign Resolution Nos. 04-40, 04- 41, and 04-42 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. F. Environmentally Significant Land Program - North Fork of the St. Lucie River - Rhona S. Fromberg and Joseph L. Pallant - Parcel J.D. #3409-703-0125-000/4 and 3409-703-0151- 000/5 - Consider staff recommendation to approve the Contract for Sale and Purchase, authorize the Chairman to execute the Contract and direct staff to proceed with the closing and recording of the documents in the Public Records of St. Lucie County, Florida. )~ ~d~ Page 1 of 1 J Mf&sy Stiadle - Additional Announcement for 1/20/04 Meeting ,. From: To: Date: Subject: Heather Young Anderson, Douglas; Stiadle, Missy 1/20/2004 1:53 PM Additional Announcement for 1/20/04 Meeting The following is an additional announcement for tonight's meeting. If you need any more information, please let me know. Thanks..... On January 28, 2004, the St. Lucie County Historical Commission will hold a public meeting on the proposed Historic Preservation Ordinance beginning at 7:00 p.m. in the White City Elementary School Media Center located at 905 West 2nd Street in White City. If anyone has any questions, they should contact Diana Waite in the Community Development Department at 462-1577. file:/ /C: \Documents%20and%20Settings\Administrator\Local%20Settings\ Temp \G W} 000... 1/20/2004 ., ,. -, PUBLIC MEETING NOTICE PROPOSED ST. LUCIE COUNTY HISTORICAL PRESERVATION ORDINANCE On Wednesday, January 28, 2004, the St. Lucie County Historical Commission will hold a public meeting in the Media Center of the Historic White City Elementary School located at 905 West 2nd Street, Fort Pierce, Florida. The meeting will begin at 7:00 pm. The purpose of the meeting is to present and discuss the proposed St. Lucie County Historical Preservation Ordinance that promotes the protection and enhancement of St. Lucie County cultural resources through the establishment of a St. Lucie County Register of Historic Places. Anyone interested in attending is welcomed. Any questions please call Diana Waite, Planner III at 772-462-1577. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TOO (772) 462-1428 at least forty-eight hours prior to the meeting. '-' ...., ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS -- ANNOUNCEMENTS JANUARY 20, 2004 A. The North County Charrette will take place from February 7, 2004 through February 13, 2004 with the primary public input session of the charrette occurring on Saturday, February 7, 2004 from 1 0:00 AM until 4:00 PM at the Lakewood Park Elementary School. The Public is also invited to a presentation of the charrette report on Friday, February 13, 2004 from 7:00 PM until 9:00 PM at the Lakewood Park Elementary School. B. The Board of County Commissioners w» hold a Strategic Planning Session on February 1 9, 2004 from 8:00 AM to 5:00 PM. ~ ß·413[:hl1lt/1 ~ NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken 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- t 777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. · " '--' ...., JANUARY 20, 2004 6:00 PM BOARD OF COUNTY COMMISSIONERS MEETING 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 7:00 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 asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is 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 7:00 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 workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours priorto the meeting. '-' BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.f1.us Paula A. Lewis, Chairman John D. Bruhn, Vice Chairman Doug Coward Frannie Hutchinson Cliff Barnes District No. 3 District No. 1 District No. 2 District No. 4 District No. 5 January 20, 2004 6:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held on January 13, 2004 2. PROCLAMATIONS/PRESENTATIONS A. Judges Presentation of Article V Revision 7 B. Resolution No. 04-39 - Proclaiming January 24,2004 as "THE AGRICULTURAL AND LABOR PROGRAM, INC. DAY" in St. Lucie County, Florida. - Consider staff recommendation to adopt Resolution No. 04-39 as drafted. C. Reading of the announcements by the County Administrator 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA -- -- --- PUBLIC HEARINGS 5. COMMUNITY DEVELOPMENT A. Ordinance No. 04-001 - Amending the St. Lucie County Land Development Code by creating Section 10.01.10, Administrative Variances to any required dimensional required of this Code to accomplish the goals, objectives and policies of the Comprehensive Plan and this Code. Consider staff recommendation that the Board announce the second public hearing on Draft Ordinance 04- 001 will be held on April 6, 2004 at 7:00 PM or soon thereafter as possible. B. Ordinance No. 04-002, amending the St. Lucie County Land Development Code by amending section 7.10.13 Sewage and Septage Treatment Facilities in Agricultural Zoning Districts to provide for municipal annexation of a facility site. - Consider staff recommendation to approve Draft Ordinance 04-002, as drafted. '-' Regular Agenda January 20, 2004 Page Two """" C. Resolution No. 04-005 granting approval to the petition of Jack Kempton, for a major adjustment to an existing Planned Mixed Use Development Plan to allow the construction of an additional 4,511 square foot educational facility (Harbor Branch Learning Garden Montessori School) for a 2.47 acre parcel of land located within the 20.76 acre Harbor Branch Oceanographic institution - Visitor's Center located within the PMUD (Planned Mixed Use Development) Zoning District. - Consider staff recommendation to approve Resolution No. 04-005 approving the petitioner's request for final PMUD for a 4,511 square foot Montessori School subject to the limiting conditions contained therein. D. Resolution 04-008, approving of Joseph Miller for a change in zoning from AG-5 (Agricultural - 1 dwelling unit/5 acres) to PUD (Planned Unit Development - Carlton Country Estates) and granting Preliminary and Final Planned Unit Development approval for the project to be known as Carlton Country Estates. Consider staff recommendation to approve Draft Resolution 04-008, which grants rezoning and preliminary and final site plan approval to Carlton Country Estates a 24- unit single-family residential subdivision on 1 51 acres, subject to the included conditions. E. Petition of Roger Medema for a 12-month extension from the date of expiration contained within Resolution 02-025, Preliminary Planned Development Site Plan Approval for the project known as Palm Breezes Club - PUD for property located on the north side of Orange Avenue, approximately 1,800 feet east of the Florida Turnpike - Draft Resolution 04-007. - Consider staff recommendation to approve Resolution 04-007 for a 12-month extension of the Palm Breezes Club Planned Development Site Plan approval. END OF PUBLIC HEARINGS -- ,-- -- ------ -- ------ 6. COMMUNITY DEVELOPMENT Florida Strategic Intermodal (SIS) System - Consider staff recommendation to authorize staff to prepare a formal Resolution of objection to the current draft of the Florida Strategic Intermodal (SIS) System and that the SIS system be amended to include certain facilities in St. Lucie County. Staff also recommends the .Board formally reserve the right to object further, should any changes to the SIS be determined by the Board to have a negative effect on the economic development opportunities of the St. Lucie community. '-' ...., , . CONSENT AGENDA January 20, 2004 1. WARRANTS LISTS Approve warrants list No. 18 2. PUBLIC WORKS A. Amendment No. 1 to Work Authorization No. 12 (COO-1 0-112) with Kimley -Horn and Associates, Inc. for Roadway and Intersection Design at Edwards Road and Selvitz Road - Condemnation of MacAdie Property - Consider staff recommendation to approve Amendment No. 1 in the amount of $4,680. for additional survey cost related to the condemnation of the MacAdie property, and authorize the Chairman to sign. B. First Amendment to Work Authorization No. 1 (Contract COO-1 0-1 06) with Inwood Consulting Engineers, Inc. for the boundary survey for the partial parcel that is being acquired at Weatherbee Road and US 1 in the amount of $2,854. - Consider staff recommendation to approve the First Amendment to Work Authorization No.1 COO-1 0-1 06 in the amount of $2,854. 3. COUNTY ATTORNEY A. South 25th Street Roadway Widening - Midway Road to Edwards Road - Right of Way Purchase & Temporary Easement - Clyde and Mary Barker - Tax J.D. No. 2428-233-0003-000/7 - Parcels 111 & 725 - Consider staff recommendation to approve the Contract for Sale and Purchase with Clyde and Mary Barker in the amount of Seventy Three Thousand and 00/100 Dollars ($ 73,000.00), authorize the Chairman to execute the Contract and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. B. South 25th Street Roadway Widening - Midway Road to Edwards Road - Temporary Easement- Napolitano - Tax J.D. No. 3405-114-0002-000/6 - Parcel 705 - Consider staff recommendation to approve the Purchase Agreement with Mr. Napolitano in the amount of One Hundred and 00/100 Dollars ($100.00), authorize the Chairman to execute the Purchase Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. C. Resolution No. 04-37 - Approving proposed Membership Apportionment Plan for St. Lucie Metropolitan Planning Organization - Consider staff recommendation to adopt Resolution No. 04- 37, as drafted. D. Picos Road - Right-of-Way - Dunn Brothers, Inc. - Tax J.D. No. 2314-131-0000-000/3 (part of) - Consider staff recommendation to accept the Quit-Claim Deed from Dunn Brothers, Inc., authorize the Chairman to sign Resolution No. 04-38 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. E. South 25th Street Roadway Widening - Midway Road to Edwards Road - Temporary Construction Easements - Palm Lake Gardens Owners' Association, Inc. - Tax J.D. No. 2432- 800-0001-000/6 - Parcel 731 - Resolution No. 04-40 - Shadle - Tax J.D. No. 2432-411- 0001-000/2 - Parcel 732 - Resolution No. 04-41 - Harris - Tax J.D. No. 2428-323-0003- 000/3 - Parcel 734 - Resolution No. 04-42 - Consider staff recommendation to accept the Temporary Construction Easements, authorize the Chairman to sign Resolution Nos. 04-40, 04- 41, and 04-42 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. F. Environmentally Significant Land Program - North Fork of the St. Lucie River - Rhona S. Fromberg and Joseph L. Pallant - Parcel J.D. #3409-703-0125-000/4 and 3409-703-0151- 000/5 - Consider staff recommendation to approve the Contract for Sale and Purchase, authorize the Chairman to execute the Contract and direct staff to proceed with the closing and recording of the documents in the Public Records of St. Lucie County, Florida. "'" """ ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS -- ANNOUNCEMENTS JANUARY 20, 2004 A. The North County Charrette will take place from February 7, 2004 through February 13, 2004 with the primary public input session of the charrette occurring on Saturday, February 7, 2004 from 10:00 AM until 4:00 PM at the lakewood Park Elementary School. The Public is also invited to a presentation of the charrette report on Friday, February 13, 2004 from 7:00 PM until 9:00 PM at the lakewood Park Elementary School. B. The Board of County Commissioners will hold a Strategic Planning Session on February 19, 2004 from 8:00 AM to 5:00 PM. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken 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 (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ~ ....." BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 13,2004 Tape: 1-2 Convened: 9:00 a.m. Adjourned: 10:45 a.m. Commissioners Present: Chainnan, Paula A. Lewis, Doug Coward, Cliff Barnes, Frannie Hutchinson, John D. Bruhn, absent Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Dennis Murphy, Community Development Director, Paul Phillips, Airport Director, Roger Shinn, Central Services Director, Dennis Wetzel, IT Director, Don West, Public Works Director, Paul Hiott, Veterans Services Director, Marie Gouin, M & B Director, Jack Southard, Public Safety Director, Pete Keogh, Parks and Rec. Director, Leo Cordeiro, Solid Waste Manager, Millie Delgado-Feliciano, Deputy Clerk I. MINUTES (1-024) It was moved by Com. Hutchinson, seconded by Com. Barnes, to approve the minutes of the meeting held December 19, 2003 and January 6,2004; and, upon roll call, motion carried unanimously. 2. PROCLAMATIONS A. Ms. Rebecca Rizio, of Safe Space Shelter, made a presentation to the Code Compliance Division in appreciation for all the gifts donated to the six families sponsored by the Code Compliance Division this Christmas. ß. Captain Jim Barncs, U,S. Navy Retired, made a presentation and gave all update on the Navy Seals Muscum. C. The County Administrator read upcoming events and scheduled meetings. 3. GENERAL PUBLIC COMMENTS (1-036) Mr. Charles Grande, Hutchinson Island resident, addressed an article in the newspaper concerning city's interest in Hutchinson Island and the boundaries for service in the area. Mr. Grande stated he believed the city's only interest was for annexation purposes and reminded the Board that the residents paid for the water plant not the city and it should not have anything to do with FPUA. The County Administrator stated the South Hutchinson Island south proposed the county take over the line and the water main north of the power plant belongs to FPUA. He was not sure if the residents of Hutchinson [sland had signed annexation agreements. Mr. Grande advised the County Administrator that the developer had signed annexation agreements but then sold the property and the new residents did not sign such an agreement. 4. CONSENT AGENDA( 1-572) It was moved by Com. Coward, seconded by Com, Bamcs, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. WARRANTS LIST 1 '-" 'wi The Board approved Warrant List No. 17. 2. COUNTY ATTORNEY A. Permission to file suit against Jay R. Jill to require the removal of junk, trash and debris at 3402 Avenue R.- The Board granted permission to allow the County Attorney to file suit against Jay R. Hill to require the removal of junk, trash and debris at 3402 Avenue R. B. Partial Release of Lien for St. Lucie County Code Enforcement Board Order Imposing Fine/Lien in Case No. 96010070 dated May 1, 1996 and Case No. 96030052 dated June 5, 1996- The Board approved the Chairman signing the Partial release oflien. C. Consent to Merger of Florida Recycling Services with Capital Environmental Resources, Inc.,- The Board approved the merger and authorized the County Administrator to write a letter acknowledging the Board's consent. D. Eckel's Lawn & Tree Service- The Board approved terminating of contract # CO 1-10-080 with Eckers Lawn & Tree Service and authorized the Purchasing Department to go out for bids on the work. E. Indrio North Savannas- The Board approved the Work Authorization Number 12 and authorized the Chairman to sign the work authorization. F. Emerson Estates- The Board approved the proposed Subdivision Improvement Agreement with 256 Emerson Avenue, L.L.C., and Port Richey Village fnvestments, LLC for Emerson Estates and authorized the Chairman to sign the agreement, subject to the execution of a Devclopcr Watcr and Wastewater Service Agreement for thc project. 3. PUBLIC WORKS A. Road & Bridge- The Board approved accepting the roads for maintenance in Midway Industrial Park Subdivision and waiver of the Maintenance Bond requirement. B. Equipment Request EQ04-232- The Board approved the emergency purchase of a new ice machine to fill Equipment Request EQ04-232 for an amount not to exceed $6,000 for the Road and Bridge Department. C. Road and Bridge- Equipment Request EQ04-213 and Budget Amendment BA04-112 for the purchase of a van for the Traffic Operation Unit.- The Board approved the Equipment Request and the ßudgd Amcndmcnt and the purchase 0 r the van in the amount 0 r $1 H,851.00 /i'om the Florida Sheriff's Association, using available funds from the JPA Grant 101215. D. Solid Waste Division- Revised Equipment Request- The Board approved the revised equipment request # EEQ04-197 allocating additional funds for the purchase of 4-800 Mega Hertz Radios, Equipment Request # EQ04-198 and Equipment Request # EQ04-199 allocating funds for the purchase of two Gator Utility Vehicles. E. Building and Zoning Division- The Board approved the request for an extcnsion for the rcmoval or repair of unsafe structure at 2205 Elizabeth Avenue, Ft. Pierce- The Board approved the requested 2 '-' "'wII extension until June 1, 2004 for the removal or repair of the unsafe structure at 2205 Elizabeth Avenue. F. Building and Zoning Division- The Board approved the request to accept the Improvement Agreement and post bond in the sum of $77,071.00 for AI's Motor Home & Trailer Sales Inc.,. 4. VETERANS SERVICES Equipmcnt Rcqucst # 04-229 for the purchase of a 15 passenger van and Budget Amendment # 04-121 for an interest free loan from the BOCC General Fund Contingency- The Board approved the Equipment Request and the Budget Amendment and the agreement with the United Veterans of St. L~lcie County. 5. PARKS AND RECREATION A. Amendment of Contract # C03-1l-723 to Ace Electrical Service, Inc., -Fairgrounds Lighting Phase 11- Capital Project No. 03-084- The Board approved amending the contract; increased it by $2,094.00 and authorized the Chairman to sign the amendment as drafted by the County Attorney. B. Addition to Fairgrounds Rental Fees and approval of Resolution No.04-33- The Board approved Resolution No. 04-33 adding the Equestrian Arena at $2,000/day and the Outdoor Arena at $500./day to the Fairgrounds rental rates. C. Amendment to Equipment Request # EEQ04-140& Budget Amendment BA04-118 (South County Stadium Ticket Booths) - The Board approved amending Equipment Request EQ04-140 and Budget Amendment BA04-18 in order to proceed with the purchase of 2 portable ticket booths for South County Football/Soccer Stadium. D. Award of Bid # 04-010- Purchase of one 90 Horse Power Tractor (Equipment Request # EQ04-090- The Board approved purchasing the tractor from Sunrise Tractor and Equipment Inc., at a cost of $39,117.16. E. Request for Higher Purchase Limit for Callaway Golf and Taylor Made Golf, Inc.,- The Board approved raising the purchase limit to $25,000 for Callaway Golf and Taylor Made Golflnc., for FY03-04. F. Award of Bid #04-009- To Seebreeze Janitorial to clean Thomas.J. White Stadium- The Board approved and awarded the contract to Seebreeze Janitorial and authorized the Chairman to sign it as drafted by the County Attorney. G. Purchase of infield tarp for the Main Field at Thomas 1. White Stadium( EQ 04-234 and Budget Amendment 04-122- The Board approved to procure the tarp, and Budget Amendment in the amount of $4,730. (). MANAGEMENT AND BUDGET 3 ,-". ""-II Usage of Govemment Day Funds- The Board approved utilizing the 1994 Govemment Day funds for the County's Annual Picnic and approved the Check Request to disburse funds. 7. PURCHASING A. Pennission to Authorize payment to 1 st Fire and Security for Supervisor of Elections Security and Fire Alann System in the amount or $31,980.- The Board authorized the Purchasing Department to waive the bidding and contract procedure cur an after the fact purchase order and authorized the payment to the 1 st Fire & Security in the amount of $31 ,980. B. Permission to advertise Invitation for Bid for Installation of Bleachers at South County Stadium- The Board approved the request for permission to advertise Invitation for Bid for installation of Bleachers at South County Stadium. C. First Amcndment to Contract No. C03-04-294 with Dickerson Florida Inc.,- The Board approved the first amendment to Contract C03-04- 294 with Dickerson, Florida, Inc., and authorized the Chaimlan to sign the amendment as prepared by the County Attomey. D. First Amendment to Contract No. C03-04295 with Ranger Construction Industries Inc.,- The Board approved the first amendment to contract C03-04-295 with Ranger Construction Industries Inc., and authorized the Chairman to sign the amendment as prepared by the County Attomey. E. Permission to adveliise Invitation for Bid for Waste Collection and Recycling at County Facilities- The Board approved the request for permission to advertise Invitation for Bid for Waste Collection and Recycling at County Facilities. 8. ADMINISTRATION New Editing Workstations for Media Relations- The Board approved Budget Amendment # 04-123 and Equipment Request # 04-233 in the amount of$9,500 from Operating Supplies to Machinery and Equipment for the purchase of two editing stations. 9. UTILITIES Change Order with Speegle Construction II, Inc. - The Board approved the Change Ordcr with Speegle Construction II, Inc., for the installation ofajib cmne foundation at he North Hutchinson Island WWTP in the amount of $8,141.34. 4 '-' '....,I 10. COMMUNITY DEVELOPMENT A. Request to approve Equipment Request # EQ4-215 for two Dell Laptop computers- The Board approved EQ04-215. B. Approval of Budget Amendments BA04-124 and BA04-125 to transfer budgeted funds into the appropriate accounts. The Board approved EQ04-230 and EQ04-231 for the purchase of additional software licenses and support for the permitting software system. C. Request of Brandon Capital Corporation Inc., for final plat approval li)r Plwsl: I( orllw project known as Thl: Sands- PUD - The Board approved Phase II or the I1nal plat ofthe Sands PUD and authorized its tinal execution. D. Resolution No. 04-004 approving the request of Atlantic Truss Company, Ltd., for Major Site Plan Approve for the project to be known as Atlantic Truss Company- The Board approved draft Resolution 04-004 subject to the one condition. II. GRANTS A. Grant Application for the Museums for America Grant- The Board approved the County Administrator or the Culturnl ArCnirs Director to sign the application and assurances for the Museums for America Grant. B. Request for Board Approval to apply for a Florida Department of State Cultural support grant in the amount of$67,000 to further Cultural Programming- The Board authorized staff to submit a grant application to the Florida Department of State in the amount of $67,000 Cor Cultural Programming. C. Request for Board Approval to submit a grant application to the National Recreation and Park Association and the United States Tennis Association for up to $5,000 to pay a temporary tennis specialist who will assist in coordinating Junior Team Tennis Tournaments during the summer 2004- The Board authorized the County Administrator to submit the grant application to the NRP AlUST A. 12. CENTRAL SERVICES Changc Ordcr No.2 10 Contract No. C02-0705G I wilh Norment Sccurity Group, Inc., Rock Road .Jail ScclIrity Systcm Upgrude- The Board upproved Chunge Onlol' No.2 to the Contructto increase the contract sum by $44,122.07 and extended the contract time 100 days for a completion date of April 22, 2004 and authorized the Chairman to sign the Change Order as prepared by the County Attorney. 13. SHERIFF Approval granting request for $221,863 from Detention Impact fees to purchase a new jail Management System- The total cost ofthe Jail System is $294,000 he has secured a grant for $72,137- The Board approved the request. 5 '-l ...." 14. PARKS REFERENDUM Work Authorization for GIatting Jackson, Inc. to develop the Lakewood Park Florida Communities Trust Management Plan- The Board approved using the services of Glatting Jackson, Inc., to develop a Management Plan, through a Work Authorization as prepared by the County Attorney in an amount of not to exceed $25,000 and authorized the Chairman to sign. REGULAR AGENDA 5. NO PUBLIC HEARINGS SCHEDULED 6. PARKS AND RECREATION (1-706) Ordinance No. 03-37 amending Section 1-15 Article II Parks and Recreation of the Code of Ordinances and Compiled Laws by providing for Twenty-four hour access to all beaches and parks- Consider staff recommendation based on the Recreation Advisory Board's recommcndation, that Ordinance No. 03-37 Section 1-15 Article II of the Code of Ordinances not bc amended to provide for 24 hour access to any beaches or parks. Com. Barnes suggested having one park open on North Hutchinson Island and one on South Hutchinson Island. Com. Lewis expressed her concems when the turtle nesting season opens and the general public being in the area at that time. Com. Barnes stated that he was aware of the fact that the eggs were mostly disturbed by Raeoons and not people. Com. Coward stated he concurred and felt there should be select areas which ca be opened and asked this be reviewed further. The Parks and Recreation Director stated he would like the Park Rangers to patrol the areas and would be happy to return next week with recommendations on which suggested sites. It was the consensus ofthe Board to direct staff to bring this back next week with recommendations. 7. PURCHASING (1-147) Notice of Appeal- St. Lucie County Request for Proposals 03-101 (Mulching Services)- Consider staff recommendation to uphold the Purchasing Director's decision. Mr. Trimeyer, attorney for Consolidated Resource Inc. referenced their protest letter and pointed out what they felt were problems with the selection process. Mr. Trimeyer stated they felt there were two procedural errors made by BP Technologies and did not meet the initial requirements of the RFP. The Purchasing Director advised the Board that he would follow up on the issue of the potential savings was an ultimate part of his recommendation, on that the county would save residents money because of the difference in the proposals. Till: Solid WlIsll: Mllllllgl:r lIddrcsscd COI11. CowtII'd's qucstion onlhc glls conll'tlcl which BP Tech did not complete. 6 '-' -....I Mr. Richard Schroeder, BP Technologies addressed the Board's question on the gas contract. He stated the landfill and his company both mutually agreed to end that contract, it was not by default. It was moved by Com. Coward, seconded by Com. Barnes, to approve staff recommendation; and, upon roll call, motion carried unanimously. 8. ADMINISTRATION (1-1841) A. Cultural Affairs- St. Lucie County Historical Museum Mission Statement and Strategic Plan- Consider staff recommendation to approve the SLCHM Mission Statement and Strategic Plan. It was moved by Com. Hutchinson, seconded by Com. Barnes, to accept the Mission Statement and the Strategic Plan; and, upon roll call, motion carried unanimously. B. Treasure Coast Opera Society- Consider staff recommendation to consider the TCOS request for financial assistance. Com. Coward suggested doubling the grant funding to the Cultural Affairs Council to assist with these types of requests. At this time they are only receiving $20,000. He suggested taking an additional $20,000 from contingency. Com. ßarncs concurnxl and statcd the Cultural Affairs Council would determine how to distribute the additional funds. It was movcd by Com. Coward, seconded by Com. Barnes, to allocate $20,000 in additional funding from contingency to the Cultural Affairs Council for their mini-grant program; and, upon roll call, motion carried unanimously. C. Bi-Weekly Committee Reports- The Board provided updates. 9. COUNTY ATTORNEY (1-2846) Interlocal Agreement; Bulk Service Agreement with Fort Pierce Utilities Authority and the City ofFt. Pierce- Consider staff recommendation to approve the form of the lnterlocal Agreement, Bulk Services Agreement and map, direct staff to attempt to conclude negotiations with the FPUA and the City ofFt. Pierce based on the form of the agreements and map and authorize the Chairman to sign the agreements upon successful conclusion of the negotiations. The County Attorney addressed the agreement and the map and advised the Board of the rollowing: Tlw Landfill and llw TropicHl1l1l1rCII hils hcen excluded. With rcgllrd to thc White City arca, Citrus A vcnuc, Olcander this has hccn includcd duc to thc fact thc UA has substantial lines in the area and wants to continue providing retail service in this area. The Indian River Estates has been identified as a county service area however, it is a potential issue with the city of Ft. Pierce. He believes the Utility Authority is willing to sell bulk water to the county without annexation. The city mayor may not be willing to do this. They have consistently requested that this area be provided with retail service by the Utilities Authority with a 15 year deferment on it for annexation and have agreed through the UA to contribute substantial dollars in order to lower the annual assessment. 7 '-~ ~ The Board is aware that they have previously entered into a conceptual agreement with the City of Port 5t. Lucie for water through a bulk service agreement. It is his understanding that last evening the city of Port 51. Lucie terminated the bulk service agreement. With regard to the Hutchinson Island service area, the original map showed it as being in the county service area, below the city limits, The UA pointed out that in the 201 facilities plan, the county does serve sewer in that area, they only agreed to transfer the water line south of the power plant, not north of the plant. The UA wishes to continue to provide water to those north of the plant. Mr. Koblegard, attomey for FPUA addressed the Board and advised them their plan is to present this agreement to their Board and hopefully they can present it to the City Commission once his Board approves it. He believes the VA will be pleased with the present agreement that is before the BCC today. Com. Coward asked if there were any substantial changes in the proposal as opposed to what was discussed in the prior workshop in November. Mr. Koblegard stated the box had changed but not a substantial amount. Exhibit 4 has changed, again not substantially over the original agreement, only a multitude of minor changes. Mr. BilJ Theiss, FPUA, addressed the question on South Hutchinson Island service area. He stated that 201 area 17 south ofthe power plant would be tumed over to the county at somc timc, howcver it was not defined in the resolution. County staff and the FPUA worked out to go ahead and make that turnover south of the plant. They want to tum that over and go from retail situation to bulk rate which would make it much lower. The County Attorney stated there was nothing on annexation in the interlocal. The agreement with the city had annexation issues through it. We deleted them per Board direction because the Board does not want to acknowledge or necessarily contest annexation. This was intended to be a service area agreement not intended to support the city's existing annexation policy or oppose it. It's intended to be a bulk service agreement that identifies retail service areas. The County Administrator commented on a possible future partnership with the city of Ft. Pierce. Com. Lewis read the small print on the maps. It was moved by Com. Barnes, seconded by Com, Coward to approve the form of the interlocal agreement, Bulk Services Agreement and map and directed staff to attempt to conclude negotiations with the FPUA and the City ofFt. Pierce and authorized the Chairn1an to sign the agreements upon conclusion of the negotiations and continue on to phase 2; and, upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Courts 8 , '-" .¡ AGENDA REQUEST ITEM NO. c.:?& DATE: January 20, 2004 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 04-39 - Proclaiming January 24,2004 as "The Agricultural and Labor Program, Inc. Day" in St. Lucie County, Florida. BACKGROUND: Ms. Iris Rivera, Health Services Specialist for the Agricultural and Labor Program, Inc., has requested that this Board proclaim January 24,2004 as the Agricultural and Labor Program Inc. Day in St. Lucie County, in honor of their 35th Anniversary. The attached Resolution No. 04-39 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 04-39 as drafted. COMMISSION ACTION: .. ~o APPROVED [] DENIED r ] OTHER: Approved 5-0 - Do sAnderson County Administrator County Attorney: ßr Review and Approvals Management & Budget Purchasing : Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 s ~ "....J RESOLUTION NO. 04-39 A RESOLUTION PROCLAIMING JANUARY 24, 2004, AS "THE AGRICULTURAL AND LABOR PROGRAM, INC. , DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Agricultural and Labor Program, Inc. (ALPI) is a private, non-profit community based organization chartered by the State of Florida to provide assistance and services to the migrant and seasonal farm worker population, the rural and disenfranchised throughout the State. 2. The ALPI is based on five underlying principles that guide all its activities: (1) Involvement of People; (2) Emphasis on long-term accomplish rather than promises; (3) Assurance of economic viability; (4) Emphasis on self-help; and (5) A sound integrated total systems approach. 3. Services in the State of Florida have included but not limited to Education, employment & Training, Food and Nutrition, Health/Medical, Low Income Home Energy Assistance Program/Elderly Home Emergency Assistance Program (LIHEAP/EHEAP), Housing, Head Start, and Subsidized Child Care. 4. In St. Lucie County specific services have included our involvement in the local Regional Advisory Council, LIHEAP/EHEAP, and more importantly, the services to over 11,000 Head Start children. 5. January 24, 2004 marks the 35th Anniversary of ALPI providing "A Constant Flow of Community Services". '-' ....., NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim January 24, 2004, as "THE AGRICULTURAL AND LABOR PROGRAM, INC., DAY" in St. Lucie County, Florida. 2. This Board congratulates the Agricultural and Labor Program, Inc. On its 35th Anniversary. PASSED AND DULY ADOPTED this 20th day of January, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ,'- I' '-' ....; Fax To: Connie (St. Lucie County) From: IRivera Fax: 462-1440 Date: January 13, 2004 Phone: 462-1682 Pages: 2 Re: Resolution CC: file o Urgent o For Review o PIe... Comment o P..... Reply o PI.... Recycle -Comments: Thank you for your coope this back by Tuesday January 20, 2004 Thursday, January 22, 2004 Thß}œ h1 advaro>for}<U~rm~¡fR JYl ~)~eat~~:;~:~ ~-C;L:st~ IPòPL . --- . ~ -- --------- --'~._.._=----------- -.-------- _....,......._- --""--'--..".---", -~-~---... -.---------------'"*"-_.,.......~ --"'--_.~, --.-.--- -,-.-....-------.--. ---""------_........,------,~~ _~___·_~~.~~__^_'·o._.__,<..~,_."___".,,~____...~__ 100~ IdlV ----.-T£9 99t 199 xvii 9£:61 tO/U/I0 ,/ '-' IN HONOR OF THE 35m ANNIVERSARY OF THE AGRICULTURAL AND LABOR PROGRAM, INC. WHEREAS, The Agricultural and Labor Program, Inc. (ALPI) is a private, non-profit, community based organization chartered by the State of Florida to provide assistance and services to the migrant and seasonal farmworker population, the rural poor and disenfranchised throughout the State; and WHEREAS, The ALPI is based on five underlying principles that guide all its activities: (1) Involvement of People; (2) Emphasis on long-term accomplish rather than promises; (3) Assurance of economic viability; (4) Emphasis on self-help; and (5) A sound integrated total systems approach; and WHEREAS, services in the State of Florida have included but not limited to: Education, Employment & Training, Food and Nutrition, Health/Medical, LIHEAP/EHEAP, Housing, Head Start, and Subsidized Child Care; and WHEREAS, in S t. Lucie County specific services have included our involvement in the local Regional Advisory Council, LlliEAP/EHEAP, and more importantly, the services to over 11,000 Head Start children. WHEREAS, January 24,2004 marks the 35th Anniversary of ALPI providing "A Constant Flow of Community Services"; NOW, THEREFORE, We theCommissionersofSt.LucieCounty,byvirtue of the authority vested in me as Commissioner ofSt. Lucie County, do hereby proclaim January 24, 2004 as: THE AGRICULTURAL AND LABOR PROGRAM, INC., DAY In Florida in recognition and appreciation of the services provided by this agency. ~OO III IdlY tt£8 99t 199 XVii 9£: n tO/£lno- ,.., '-I BOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR DOUGLAS M. ANDERSON January 16,2004 Deloris Johnson, CEO Agriculture and Labor Program, Inc. (ALP I) 7301 Lynchburg Road Winter Haven, Florida 33881 Dear Ms. Johnson: The St. Lucie County Board of County Commissioners wishes to congratulate the Agriculture and Labor Program, Inc. (ALPI) on their 35th Anniversary of providing "A Constant Flow of Community Services." The Agricultural and Labor Program, Inc. (ALPI) is a private, non-profit, community based organization chartered by the State of Florida to provide assistance and services to the migrant and seasonal farm workers population, the rural poor and disenfranchised throughout the State The ALP I is based on five underlying principles that guide all its activities: (1) Involvement of people; (2) Emphasis on long-term accomplish rather than promises; (3) Assurance of economic viability; (4) Emphasis on self-help; and (5) A sound integrated total systems approach; and services in the State of Florida have included but not limited to: Education, Employment & Training, Food and Nutrition, Health/Medical, LIHEAPÆHEAP, Housing, Head Start, and Subsidized Child Care. In St. Lucie County specific services have included involvement in the local Regional Advisory Council, LIHEAPÆHEAP, and more iJ;nportantly, the services to over 11,000 Head Start children. Once again, congratulatiòns from the Board of County Commissioners of St. Lucie County. Sincerely, ¿~s¡¿~ Chairman, Board of County Commissioners St. Lucie County JOHN D. DRUHN. Disrricr No.1· DOUG COWARD. Disrricr NO.2· PAULA A. LEWIS. Disrricr No. J . FRANNIE HUTCHINSON. Disrricr NO.4. CLIFF DARNES. Disrricr No.5 Counry Adminisrroror - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce. FL 34982-5652 · Phone (772) 462-1450 . TOD (772) 462-1428 FAX (772) 462-1648 · email: dougo@co.st-Iucie.fl.us web site: www.co.st-Iucie.fl.us ,/ -' Agenda Request Item Number: Meetlna Date: ~'A- Jan. 20,2004 Consent Regular Public Hearing Leg. [ X] r J [ J [ X ] Quasi.JD [ To: Submitted By: Board of County Commissioners Community Development SUBJ ECT: Consider Draft Ordinance 04-001, Amending the St. Lucie County Land Devel ment Code By Creating Section 1~.01.10, Administrative Variances To Any Required ¡mensiona! Requirement of this Code to Accomplish the Goals, Objectives and Policies of the Comprehensive Plan and this Code At the Boards meeting of Januaty 6, 2004, the Board held the first of two required public hearings on draft ordinance 04-001. Draft Ordinance 04-001 proposes to create a new section In our Land Development Code whereby additional authority to grant administrative variances would be given to the Community Development DIrector when owing to special conditions, the literal enforcement of the dimensional provisions of thIs Code would Impose a condition whereby greater harm to the existing natural environment would be caused than might otherwise be achieved through the granting of limited relief from any such minimum dimensional standard, subject to the standards and procedures set forth In this section. Following the discussion on hIs Item, the Board agreed to delay the second hearing on this matter until a future date, which was not established, In order to allow time for the County's Environmental Advisory Committee to review the proposal and detenTIlne if It Indeed was something that the County should pursue. The Environmental Resource Manager has reported that the Environmental Advisory Committee Is Inactive. A companion Committee, the Vegetation Advisory Committee Is also Inactive. In fact In both cases, the effective term of the Committees has lapsed and prIor to any reconstitution of these Committees, It will be necessary for the Board to approve a new Resolution reauthorizing one or both of these Committees. It would be staffs' recommendation that if the Board Is desirous of reappointing the Environmental Advisory Committee, we combine the functions and dutIes of both the Environmental Advisory Committee and the Vegetallon Advisory Committee Into one general- purpose Environmental Advisory Committee. NlA BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: N/A Assuming that the Board is desirous of reauthorizing the Environmental Advisory Committee, staff will need to present to you, at your next meeting, a formal reauthorization resolution, a defined scope of the committees function and duties and a suggested committee structure that serves a.s a generalist environmental advisory function. The Board did not set a date for the formal second reading of Draft Ordinance 04-001. tn order to provide adequate time to allow for the reconstitution of the Environmental Advisory Committee and for the Committee to review this Draft Ordinance, staff recommends that the Board announce "that the second public hearing on Draft Ordinance 04-001 will be held on April 6, 2004 at 7:00 PM or soon thereafter as possible. COMMISSION ACTION: [jJ APPROVED c=J OTHER o DENIED Approved 5-0 URRENCE: uglas M. Anderson County Administrator County Attorney Originating Dept.: Finance: ;Jk.. Coordination! Signatures Mgt. & Budget: Other: Purchasing: Other: (agend768a) ~ ~' . .-< 'r To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [][] APPROVED c=J OTHER ...".¡ Agenda Request Item Number: Meeting Date: ~'k Jan. 20, 2004 Consent Regular Public Hearing Leg. [ X] [ [ ] [ X ] Quasi-JD [ Board of County Commissioners Community Development Consider Draft Ordinance 04-001, Amending the St. Lucie County Land Devel ment Code By Creating Section 1Q.01.10, Administrative Variances To Any Required imensional Requirement of this Code to Accomplish the Goals, Objectives and Policies of the Comprehensive Plan and this Code At the Boards meeting of January 6, 2004, the Board held the first of two required public hearings on draft ordinance 04-001. Draft Ordinance 04-001 proposes to create a new section in our Land Development Code whereby additional authority to grant administrative variances would be given to the COmmunity Development Director when owing to special conditions, the literal enforcement of the dimensional provisions of this Code would impose a condition whereby greater harm to the existing natural environment would be caused than might otherwise be achieved through the granting of limited relief from any such minimum dimensional standard, subject to the standards and procedures set forth in this section. Following the discussion on his item, the Board agreed to delay the second hearing on this matter until a future date, which was not established, In order to allow time for the County's Environmental Advisory COmmittee to review the proposal and determine if it indeed was something that the County should pursue. The Environmental Resource Manager has reported that the Environmental Advisory Committee is inactive. A companion Committee, the Vegetation Advisory Committee Is also Inactive. In fact In both cases, the effective term of the Committees has lapSed and prior to any reconstitution of these Committees, it will be necessary for the Board to approve a new Resolution reauthorizing one or both of these Committees. It would be staffs' recommendation that if the Board is desirous of reappointing the Environmental Advisory COmmittee, we combine the functions and duties of both the Environmental Advisory Committee and the Vegetation Advisory Committee into one general- purpose Environmental Advisory Committee. N/A N/A Assuming that the Board is desirous of reauthorizing the Environmental Advisory Committee, staff will need to present to you, at your next meeting, a formal reauthorization resolution, a defined scope of the committees function and duties and a suggested committee structure that serves as a generalist environmental advisory function. The Board did not set a date for the formal second reading of Draft Ordinance 04-001. In order to provide adequate time to allow for the reconstitution of the Environmental Advisory Committee and for the Committee to review this Draft Ordinance, staff recommends that the Board announce 1hat the second public hearing on Draft Ordinance 04-001 will be held on April 6, 2004 at 7:00 PM or soon thereafter as possible. URRENCE: D DENIED Approved 5-0 uglas M. Anderson County Administrator County Attorney Originating Dept.: Finance: JI.. Coordination! Signatures Mgt. & Budget: Other: Purchasing: Other: (agend768a) \w; 'wi COMMISSION REVIEW: January 20, 2003 COMMUNITY DEVELOPMENT DEPARTMENT (Administration> MEMORANDUM TO: County Commission FROM: Community Development Director DATE: January 14, 2004 SUBJECT: Consider Draft Ordinance 04-001, Amending the St. Lucie County Land Development Code By Creating Section 10.01.10, Administrative Variances To Any Required Dimensional Requirement of this Code to Accomplish the Goals, Objectives and Policies of the Comprehensive Plan and this Code At the Boards meeting of January 6, 2004, the Board held the first of two required public hearings on draft ordinance 04-001. Draft Ordinance 04-001 proposes to create a new section in our Land Development Code whereby additional authority to grant administrative variances would be given to the Community Development Director when owing to special conditions, the literal enforcement of the dimensional provisions of this Code would impose a condition whereby greater harm to the existing natural environment would be caused than might otherwise be achieved through the granting of limited relief from any such minimum dimensional standard, subject to the standards and procedures set forth in this section. In short, these amendments allow the County to grant relief from our various setbacks when it can be demonstrated that doing so would provide for less environmental damage than if the rule in question were strictly applied. Following the discussion on his item, the Board agreed to delay the second hearing on this matter until a future date, which was not established, in order to allow time for the County's Environmental Advisory Committee to review the proposal and determine if it indeed was something that the County should pursue. Because there was some uncertainty as to when this group could be reassembled, since it has been some time since the Committee has met, staff was asked to look into its status and report back to the Board. The Environmental Resource Manager has reported that the Environmental Advisory Committee is inactive. A companion Committee, the Vegetation Advisory Committee is also inactive. In fact in both cases, the effective term of the Committees has lapsed and prior to any reconstitution of these Committees, it will be necessary for the Board to approve a new Resolution reauthorizing one or both of these Committees. It would be staffs' recommendation that if the Board is desirous of reappointing the Environmental Advisory Committee, we combine the functions and duties of both the Environmental Advisory Committee and the Vegetation Advisory Committee into one general-purpose Environmental Advisory Committee. Assuming that the Board is desirous of reauthorizing the Environmental Advisory Committee, staff will need to present to you at your- next meting a formal reauthorization resolution, a defined scope of the committees duties and a suggested committee structure that serves as a ~ 'wi January 14, 2004 Page 2 Subject: Draft Ordinance 04-001, Amending the St. Lucie County Land Development Code By Creating Section 10.01.10, Administrative Variances To Any Required Dimensional Requirement of this Code to Accomplish the Goals, Objectives and Policies of the Comprehensive Plan and this Code generalist environmental advisory function. The Board will then be asked to appoint the members to the Committee consistent with standard County practices and procedures. There is one other item remaining from the Boards meeting of January 6, 2004. The Board did not set a date for the formal second reading of Draft Ordinance 04-001. In order to provide adequate time to allow for the reconstitution of the Environmental Advisory Committee and for the Committee to review this Draft Ordinance, staff recommends that the Board announce that the second public hearing on Draft Ordinance 04-001 will be held on April 6, 2004 at 7:00 PM or soon thereafter as possible. If you have any questions, please let us know. DJM/ OR_04-OO1_MEM03(h) cc: County Administrator County Attomey Planning Manager Environmental Resource Manager '-' "'" COMMUNITY DEVELOPMENT DEPARTMENT (Administration) MEMORANDUM TO: Planning and Zoning Commission! Local Planning Agency FROM: Community Development Director DATE: December 11, 2003 SUBJECT: Consider Draft Ordinance 04-001, Amending the St. Lucie County Land De\(elopment Code By Creating Section 10.01.10, Administrative Variances To Any Required Dimensional Requirement of this Code To Accomplish the Goals, Objectives and Policies of the Comprehensive Plan And This Code Attached is a copy of Draft Ordinance 04-001 which would propose to create a new section in our Land Development Code whereby additional authority to grant administrative variances would be given to the Community Development Director when owing to special conditions, the literal enforcement of the dimensional provisions of this Code would impose a condition whereby greater harm to the existing natural environment would be caused than might otherwise be achieved through the granting of limited relief from any such minimum dimensional standard, subject to the standards and procedures set forth in this section. In short, these amendments allow the County to grant relief from our various setbacks when it can be demonstrated that doing so would provide for less environmental damage than if the rule in question were strictly applied. It is the belief of the County that by creating a process where flexibility can be applied, we will wind up with better projects and impacts on the natural system will be minimized. It needs to be noted that in establishing this process, the Community Development Director is required to receive comment and recommendations from the following other Departments before any final decision is rendered; Public Works Director, County Engineer, Building Official, Fire Marshal, Environmental Resource Manager and any other appropriate County or State official relevant to the review of the application at hand. The maximum administrative variance that may be granted is 50% of the minimum requirements. Anything requested that is greater than this must be reviewed by either the Board of Adjustment or-the Board of County Commissioners, as may otherwise be required. Staff recommends that you forward this matter to the Board of County Commissioners with a recommendation of approval. If you have any questions, please let us know. DJM/ OR_04-o01_MEM01 (h) cc: County Attomey Planning Manager . . . ~ 'wi ORDINANCE NO. 04-001 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY CREATING SECTION 10.01.10, ADMINISTRATIVE VARIANCES TO ANY REQUIRED DIMENSIONAL REQUIREMENT OF THIS CODE TO ACCOMPUSH THE GOALS, OBJECTIVES AND POUCIES OF THE COMPREHENSIVE PLAN AND THIS CODE; PROVIDING CONFUCTING PROVISIONS; PROVIDING FOR SEVERABIUTY; PROVIDING FOR APPUCABIUTY; PROVIDING FOR FIUNG WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances 91-003 - March 14,1991 91-009 - May 14,1991 91-021 - November 7, 1991 92-017 - June 2, 1992 93-001 - February 16, 1993 93-003 - February 16,1993 93-005 - May 25,1993 93-006 - May 25, 1993 93-007 - May 25, 1993 94-007 - June 22, 1994 94-018 - August 16, 1994 94-021 - August 16, 1994 95-001 - January 10, 1995 96-010 - August 6,1996 97-001 - March 4,1997 . 97-009- October 7, 1997 97-003 - September 2, 1997 99-001 - February 2, 1999 99-002 - April 6, 1999 99-03 - August 17, 1999 99-004 - August 17, 1999 99-005 - July 20,1999 -------------------------------- Undertine is for addition StAke Thr:eUfJR Is for deletion Ordinance #04-001 a Draft #1 Page 1 PRINT DATE: 12/05103 · . . '-' 99-015 - 99-017 - 00-010 - 00-012 - 01-003 - 02-009 - 02-029 - July 20, 1999 September 7, 1999 June 13, 2000 June 13, 2000 December 18, 2001 March 5, 2002 October 15,2002 99-016 - 99-018 - 00-011 - 00-013 - 02-005 - 02-020 - 03-005 - "'" July 02, 1999 November 2, 1999 June 13, 2000 June 13, 2000 June 24, 2002 October 15, 2002 October 7, 2003 3. On December 18, 2003, 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 10 days prior to the hearing and recommended that the proposed ordinance be approved. 4. On January 6, 2004, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on December 26, 2003. 5. On January20, 2004, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on January 9,2004. 6. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO READ AS FOLLOWS, INCLUDE: -------------------------------- Ordinance #04-001 a Draft #1 Underline Is for addition Str:ike Threug :¡ is for deletion Page 2 PRINT DATE: 12/05103 '-" ~ ----~AAAA~A~A~AA~~******* CHAPTER X . 10.00.00 HARDSHIP REUEF 10.01.10 ADMINISTRA nVE VARIANCES TO ANY REQUIRED DIMENSIONAL REQUIREMENT OF THIS CODE A. GENERAL 1 PURPOSE The purpose of this section is to provide a mechanism when. owinQ to special conditions, the literal enforcement of the dimensional provisions of this Code would impose a condition whereby Qreater harm to the existinQ natural environment would be caused than miQht otherwise be achieved throuQh the QrantinQ òf limited relief from any such minimum dimensional standard. subiect to the standards and procedures set forth in this section 2. AUTHORITY Except as provided for in Section 10.00.00, the Community Development Director may grant administrative variances from the dimensional requirements of this Code. in accordance with the standards and procedures set forth in this section, where any such administrative variance is determined throuQh specific findinQs of fact to be necessary to accomplish the identified Goals, Obiectives and Policies of the County's Comprehensive Plan and this Code. - 3. . INInA TION A written petition for a administrative variance is to be initiated by the owner of, or any person havinQ contractual interest in, the property for which relief is SOUQht. -------------------------------- Underline Is for addition StFike ThFGygR is for deletion Ordinance #04-001 a Draft #1 Page 3 PRINT DATE: 12/05103 '-' ...., B. LIMITATIONS ON THE GRANTING OF ADMINISTRA TIVE VARIANCES 1 Administrative variances shall not be Qranted that would: fL Grant relief in excess of 50.01% of the minimum cited dimensional standard. ~ Permit the use of land or a structure contrary to the use provisions of Section 3.01.00; f:.. Permit a variance from the provisions of Section 4.01.00 that would authorize any buildin9 to have a heiQht in excess of one hundred and twenty (120%) percent of the maxim\Jm permitted by the particular zone in which it is located or to be in excess of one hundred and twenty five (125) feet. whichever is less. 2. No administrative variance from the any dimensional reQuirement of this code, other than those administrative variances Qranted for or in con junction with a Final Development Order as described under Section 11.02.00. shall be valid for a period lonQer than twelve (12) months unless a buildinQ permit is issued. An administrative variance issued for. or in, con junction with a Final Development Order as described under Section 11.02.00 shall expire upon the termination of that Final Development Order unless the Final Development Order is extended or otherwise determined to be compliant with the provisions of this Code. C. STANDARDS FOR GRANTING ADMINISTRATIVE VARIANCES The Community Development Director shall not Qrant an administrative variance unless. in each case, he makes specific findinQs of fact baSed directly upon the particular evidence presented. supported throuQh writte.n conclusions that: . . -. . L The variance reauested arises from a condition that is uniaue and peculiar to the land, structures and buildinQs involved; that the particular physical surroundinQs, the shape, or topoQraphical condition of the specific property involved, would result in Qreater harm to the existinQ natural environment. if -------------------------------- Undertine is for addition StFike TRFÐ\ gR is for deletion Ordinance #04-001 a Draft #1 Page 4 PRINT DATE: 12/05103 ~ '" the provisions of this Code are literally enforced: that it is a condition that is not ordinarily found in the same zoninQ district. and the condition is created by the reQulations of this Code: 2. The QrantinQ of the variance will not impair or in jure other property or improvements in the neiQhborhood in which the sub ject property is located, nor impair an adeQuate supply of light or air to ad jacent property, substantially increase the conQestion in the public streets. increase the danQer of fire, floodinQ, create a hazard to air naviQation. endanQer the public safety. or substantially diminish or impair property values within the neighborhood: -ª.:... The variance Qranted is the minimum reasonable variance that will make possible the reasonable use of the land. buildinQ or structures: and ~ The variance desired will not be opposed to the Qeneral spirit and intent of this Code or the St. Lucie County Comprehensive Plan. !L PROCEDURES FOR APPLICATION 1 APPLICA TION An application for an administrative variance shall be filed with the Community Development Director. accompanied by a non-refundable fee, as established from time to time by the Board of County Commissioners to defray the actual cost of processing the application. The application shall be in such form and shall contain such information and documentation as shall be prescribed from time to time by the Director and shall contain at least the following: a. Name and address of applicant: !2:.. LeQal description, street address. and lot number and subdivision name. if any, of the property which is the sub iect of the application: c. The size of the sub iect property: -------------------------------- Underline is for addition StFike ThFeygh Is for deletion Ordinance #04-001 a Draft #1 Page 5 PRINT DATE: 12/05103 '-'" ..."", fl The variance sOUQht and the Section of this Code from which a variance is requested; ~ The purpose for the requested variance and a statement of the intended development of property if the variance is Qranted; L. A statement of the potential harm to the natural environment that would occur by-a literal application of this Code; a statement settinQ forth reasons why this condition is unique to the applicant. a statement of why the variance will not be materially detrimental or in iurious to other property or improvements in the neiQhborhood in which the sub iect property is located; a statement of why the variance will not increase traffic, the danQer of fire. or impair property values in the neiQhborhood; a statement of why the proposed variance is the minimum variance that will make possible a reasonable use of the land. buildinQ, and structures; and a statement explaininQ how the proposed variance is consistent with the Qeneral spirit and intent of this Code and the St. Lucie County Comprehensive Plan. ~ If the variance is sOUQht to erect or increase the heiQht of any structure. to permit the Qrowth of any tree, or to use property in the Airport Zones established in Section 4.00.00.the application shall be accompanied by a written determination from the Federal Aviation Administration (FAA Form 7460) as to the effect of the proposal on the operation of air naviQation facilities and the safe. efficient use of naviQableairspace. b. FILING AN APPLICA nON FOR APPROVAL OF AN ADMINISTRATIVE VARIANCE Within twenty (20) days after an application for approval of a variance is submitted, the Community Development Director shall determine whether the application is complete. If the Director determines that the application is not comptète. he shall send a written statement specifyinQ the application's deficiencies to the applicant by mail. The Director shall take no further action on the application unless the dèficiencies are remedied. 3. REVIEW OF THE APPLICA TION -------------------------------- Underline is for addition StFike ThR; I ! A is for deletion Ordinance #04-001 a Draft #1 Page 6 PRINT DATE: 12/05103 '-' "" .Q.:. Review by the Community Development Director L When the Community Development Director determines an application for approval of a variance is complete. he shall submit a coPY of the requested administrative variance to the Public Works Director, County Enaineer. Building Official. Fire Marshal. Environmental Resource Manaaer and any other appropriate County or Stafe official for review, comment and recommendation. iL Within twenty (20) workina days after transmittal of the application for administrative variance. the Public Works Director. County Enaineer, Buildina Official. Fire Marshal. Environmental Resource Manaaer and any other appropriate County or' State official shall submit to the community development director written recommendations on the requested administrative variance. Hi. Within ten (to) workina days after the due date for the outside department reviews of the requested administrative variance, the Community Development Director shall issue a decision approvina. approvina with conditions. or denyina throuah resolution/ administrative order, the requested administrative variance. !2:.. The Community Development Director may place reasonable conditions, limitations, and requirements upon the arantina of any administrative variance as may be necessary to ensure compliance with the intent of this Code. Such conditions. limitations, or requirements may be placed on the arantina of any variance to prevent or minimize adverse effects upon other property in the neiahborhood which miaht otherwise result from the reductions in standards beina requested. includina but not' limited to conditions, limitations. or requirements on the size, intensity of use. bulk, and location of any structure; landscapina; liahtina; the prov~sion of adeQu.ate inar.ess an.d earess. and the duration of the variance. Such conditions, limitations, or requirements shall be set forth expressly in the resolution arantina the variance. -------------------------------- Underline is for addition StFike TI:u:elJgh is for deletion Ordinance #04-001 a Draft #1 Page 7 PRINT DATE: 12/05103 '-" ...", f.:.. Any variance from the provisions of Section 4.00.00, Airport Overlay Zone, will be so conditioned as to reauire the owner of the structure or tree in auestion to install. operate, and maintain. at the owner's expense. such markinQs and IiQhts as required by Section 333.07(3), Florida Statutes. in accordance with the standards published in Chapter 14-60. FAC, Rules of the Department of TransPortation. If deemed proper by the Community Development Director. this condition may be modified to require the owner to permit St. Lucie County at its own expense, to install, operate..and maintain the necessary markinQs and IiQhts. 9.:.. The decision of the Community Development Director shall be mailed to the petitioner and filed with the Office of the Community Development Director in accordance with Section 1l.00.04(F). L EXTENSIONS OF VARIANCE APPROVALS The time limitations imposed on any Variance by Section 10.00.00(-) may be extended by the Community Development Director not more than one (1) time, and for not more than twelve (12) months. upon application by the applicant. E.. APPEALS FROM THE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR Any final action by the Community Development Director in accordance with this Section may. within thirty (30) days after the rendition of such decision. be appealed to the Board of Ad iustment in accordance with the provisions of Section 11.00.00(-)(-). *********************** PART B. CONFLICTING PROVISIONS. -------------------------------- Underline Is for addition Strike Threblgh is for deletion Ordinance #04-001 a Draft #1 Page 8 PRINT DATE: 12/05103 '-" ~ Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY . If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, o,.-void,·such holding shall not affect the remaining portions of this ordinance. If this 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 certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Paula Lewis xxx Vice Chairman John D. Bruhn xxx Chairman Doug Coward xxx -------------------------------- Underline Is for addition SIFike ThFeygh is for deletion Ordinance #04-001 a Draft #1 Page 9 PRINT DATE: 12/05103 '-" ...." Commissioner Cliff Barnes xxx Commissioner Frannie Hutchinson xxx PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word "ordinance" may be changed to "section", "article", år other ãppropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this day of ,2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED ÄS TO FORM AND CORRECTNESS: -------------------------------- Underline is for addition Strike TI'IFQygl'l Is for deletion Ordinance #04-001 a Draft #1 Page 10 PRINT DATE: 12/05103 · '--' BY: ..., County Attorney Underline is for addition Stril(e TkrÐI, !jA is for deletion - . . '-'" ..." AGENDA ITEM 4: DRAFT ORDINANCE 04-001 - ADMINISTRA TIVE VARIANCES: Mr. Dennis Murphy stated that Agenda Item # 4 was to consider Draft Ordinance 04-00 1, which would propose to create a new section our Land Development Code whereby authority to grant administrative variances would be given to the Community Development Director when owing to special conditions, the literal enforcement of the dimensional provisions of the Land Development Code would impose a condition whereby greater harm to the existing natural environment would be caused than might otherwise be achieved through the granting of limited relief from any such minim~m dimensional standard, subject to the standards and procedures set forth in this section. These amendments allow the County to grant relief from various setbacks when it can be demonstrated that doing so would provide for less environmental damage than if the rule in question were strictly applied. Mr. Murphy stated that it is the belief of the County that by creating a process where flexibilíty can be applied, we will wind up with better projects and impacts on the natural system will be minimized. It needs to. be noted that in establishing this process, the Community Development Director is required to receive comment and recommendations from the following other departments before any final decision is rendered; Public Works Director, County Engineer, Building Official, Fire Marshal, Environmental Resource Manager, and any other appropriate County or State official relevant to the review of the application at hand. The maximum administrative variance that may be granted is 50% of the minimum requirements. Anything requested that is greater than this must be reviewed by either the Board of Adjustment or the Board of County Commissioners, as may otherwise be required. Staff recommends that you forward this matter to the Board of County Commissioners with a recommendation of approval. Mr. Hearn questioned if there was an Environmental Review Board in St. Lucie County. Mr. Murphy stated that there was a Environmental Control Hearing Board that only reviews certain health related violations, not routine environmental resource issues. Mr. Lounds stated that he feels this ordinance removes some of the authority of the Board of Adjustment. He also questioned why if a developer is not negotiating are we trying to provide them with some relief. He stated that if the developer isn't interested in preservation, they should just pay the mitigation fees. Ms. Hammer questioned what would happen if the other departments reviewed the application and could not agr~e on. the relief becaus~. of th~ir objections. Mr. Murphy stated that the Community Development Director would have the final decision, but that decision would likely not be made in the positive to the appliëant if other departments, particularly the resource related ones, objected. He continued that a safety mechanism could be added to the ordinance that allows it to be brought before the Board of County Commissioners or the Board of Adjustment for final review if there isn't a consensus. Mr. Lounds stated that he is concerned about who defines what the limited relief is. Ms. Hammer stated that she felt this ordinance would help to cut through some of the red tape, but that she feels there should be a safety valve of some sort, like having a super majority. Mr. P & Z / LPA Meeting December 18, 2003 Page 9 · . ~ ."" Grande stated that he felt these decisions should be made by elected officials, not the Community Development Director. Mr. Trias stated he did not understand why there was concern because the Board of Adjustment currently makes these decisions, they are not elected officials, but the elected officials appoint them. Mr. Grande stated he felt it would be more appropriate to make it the elected officials' responsibility, not the Board of Adjustment. Chairman McCurdy stated that he does not feel that the elected officials are the only ones capable ·of making informed decisions. He continued that he feels staff would be providing a means for common sense, but not sure 50% is a good number. Mr. Hearn stated that he is concerned about this because he is not comfortable with the Board of Adjustment having the final say. He continued that he felt it should all be brought before the Board of County Commissioners. He also stated that he felt there should be some relief mechanism, but an Environmental Review Board or a body like them should provide it. Mr.: Trias stated that he did not feel the current standards were clear enough for variances to be granted. Chairman McCurdy opened the public hearing. Mr. Bob Bangert stated that he felt St. Lucie County should join the other twenty-one (21) counties in Florida that have an Environmental Resource Regulation Department that allows for more public involvement in environmental protection matters. He stated that this ordinance would erode the current levels of protection and reduce the public's involvement. Mr. Lounds questioned if Mr. Bangert was a member of the Board of Adjustment. Mr. Bangert confirmed that he was a member but that if anyone had a problem with their decision they could file an appeal. Ms. Heather Young explained that the Board of Adjustment's decision is final, but the applicant can file an appeal through the Circuit Court. Mr. Craig Munt stated that he felt this ordinance was an erosion of what is mandated in the Land Development Code and the Comprehensive Plan. He stated that he would not like to see this ordinance approved. Seeing no one else, Chairman McCurdy closed the public hearing. Mr. Grande stated that the purpose of the ordinance that was written on page 3 was valid, but the method of implementation was not in the best interest of the County. He continued that. this ordinance takes away from the responsibilities of the Board of Adjustment, who are appointed by the representatives of the people, and instead gives it to the Community Development Director. Mr. Hearn stated that he felt the environments' protection was very important and putting the review process behind closed doors was wrong, so he would not support this ordinance. Mr. Lounds stated that he agreed in the public hearing process, but at times there needs to be some flexibility for Staff to keep the process moving. Mr. Trias stated that the reason they have appointed officials make technical decisions is because they are politically motivated. He stated that currently to get a variance the applicant needs to demonstrate a hardship, but this variance process could allow development without the actual P & Z ILPA Meeting December 18, 2003 Page 10 y ~ ~ Agenda Request Item Number. Meeting Date: 5·'D Jan. 20, 2004 Consent Regular Public Hearing Leg. [ X] [ ] [ ] [ X ] Quasi-JD [ To: Submitted By: Board of County Commissioners Community Development SUBJECT: Consider Draft Ordinance 04-002, amending the St. Lucie ounty Land Development Code by amending section 7.10.13 Sewage and Sept ge Treatment Facilities in Agricultural Zoning Districts to provide for municipal a nexation of a facility site. BACKGROUND: Attached is a copy of Draft Ordinance 04-002, which proposes to amend the County's current regulations that address Sewage and Septage Treatment facilities in agricultural zoning districts. In sum, these regulations do not prevent a municipal authority from annexation land and proceeding with the development of a sewage or septage treatment facility on that land where the land will retain the County's agricultural zoning designation, until the zoning and land use have been changed In accord with Chapter 163, Florida Statutes, by the annexing municipality. These regulations simply require that the County be included as a consenting partner in the application of the conditional use permit. The reasoning behind this recommend change is that in order to avoid unnecessary multi-jurisdictional conflicts that can rise out of inadequate communication between two separate political entities, where one side can be played off against the other, consensus agreement to the appropriateness of the location and addressing of any site development impacts would be required. FUNDS AVAILABLE: PREVIOUS ACTION: N/A On December 18, 2003, the Planning and Zoning Commission! Local Planning Agency for St. Lucie County held a public hearing on this matter. At the conclusion of that hearing, the Board voted 5-1 to recommend that the County Commission approve Draft Ordinance 04-002. The reasons for supporting this proposed amendment, as cited by the' members of the Planning and Zoning Commission! Local Planning Agency, was that it provided an opportunity for residents in the unincorporated areas of the County to have an effective voice in matters that may effect them as adjoining property owners when the decision making process is being done by a separate entity other then the County Comm~sion. RECOMMENDATION: This is the second of two required public hearings on this matter. At the Boards first meeting on this item, January 6, 2004, there were no specific directions given regarding any potential amendments to this document. Staff recommends that the Board approve Draft Ordinance 04-002, as drafted. COMMISSION ACTION: Coordination/ Signatures Mgt. & Budget: Other: RENCE: [X] APPROVED CJ OTHER D DENIED Approved 5-0 ouglas M. Anderson County Administrator County Attorney ~ Originating Dept.: Finance: Purchasing: Other: (agend767a) ~ ....,; COMMISSION REVIEW: January 20, 2004 COMMUNITY DEVELOPMENT DEPARTMENT (Administration> MEMORANDUM TO: FROM: County Commission Community Development Director DATE: January 14, 2004 SUBJECT: Consider Draft Ordinance 04-002, amending the St. Lucie County Land Development Code by amending section 7.10.13 Sewage and Septage Treatment Facilities in Agricultural Zoning Districts to provide for municipal annexation of a facility site. Attached is a copy of Draft Ordinance 04-002, which proposes to amend the County's current regulations that address Sewage and Septage Treatment facilities in agricultural zoning districts. In sum, these regulations do not prevent a municipal authority from annexation land and proceeding with the development of a sewage or septage treatment facility on that land where the land will retain the County's agricultural zoning designation, until the zoning and land use have been changed in accord with Chapter 163, Florida Statutes, by the annexing municipality. These regulations simply require that the County be included as a consenting partner in the application of the conditional use permit. The reasoning behind this recommend change is that in order to avoid unnecessary multi-jurisdictional conflicts that can rise out of inadequate communication between two separate political entities, where one side can be played off against the other, consensus agreement to the appropriateness of the location and addressing of any site development impacts would be required. On December 18, 2003, the Planning and Zoning Commission! Local Planning Agency for St. Lucie County held a public hearing on this matter. At the conclusion of that hearing, the Board voted 5-1 to recommend that the County Commission approve Draft Ordinance 04-002. The reasons for supporting this proposed amendment, as cited by the members of the Planning and Zoning Commission! Local Planning Agency, was that it provided an opportunity for residents in the unincorporated areas of the County to have an effective voice in matters that may effect them as adjoining property owners when the decision making process is being done by a separate entity other then the County Commission. This is the second of two required public hearings on this matter. At the Boards first meeting on this item, January 6, 2004, there were no specific directions given regarding any potential amendments to this document. - Staff-recommends that the Board approve Draft Ordinance 04-002, as drafted. If you have any questions, please let us know. DJMI OR_04-002_MEM03(h) cc: County Administrator County Attorney ~ '-" "wJI COMMUNITY DEVELOPMENT DEPARTMENT (Administration) MEMORANDUM TO: Planning and Zoning Commission! Local Planning Agency FROM: Community Development Director DATE: December 11, 2003 SUBJECT: Consider Draft Ordinance 04-002, amending the St. Lucie County Land De\(elopment Code by amending section 7.10.13 Sewage and Septage Treatment Facilities in Agricultural Zoning Districts to provide for municipal annexation of a facility site. Attached is a copy of Draft Ordinance 04-002, which proposes to amend the County's current regulations that address Sewage and Septage Treatment facilities in agricultural zoning districts. In sum, these regulations do not prevent a municipal authority from annexation land and proceeding with the development of a sewage or septage treatment facility on that land where the land will retain the County's agricultural zoning designation, untif the zoning and land use have been changed in accord with Chapter 163, Florida Statutes, by the annexing municipality. These regulations simply require that the County be included as a consenting partner in the application of the conditional use permit. The reasoning behind this recommend change is that in order to avoid unnecessary multi-jurisdictional conflicts that can rise out of inadequate communication between two separate political entities, where one side can be played off against the other, consensus agreement to the appropriateness of the location and addressing of any site development impacts would be required. Staff recommends that you forward this matter to the Board of County Commissioners with a recommendation of approval. If you have any questions, please let us know. DJMI OR_04-o02_MEM01 (h) cc: County Attorney Planning Manager '--' -.J ORDINANCE NO. 04-002 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 7 .10.13 SEWAGE AND SEPT AGE TREATMENT FACIUTIES IN AGRICULTURAL ZONING DISTRICTS TO PROVIDE FOR MUNICIPAL ANNEXATION OF A FACIUTY SITE; PROVIDING CONFUCTING PROVISIONS; PROVIDING FOR SEVERABIUTY; PROVIDING FOR APPUCABIUTY; PROVIDING FOR FIUNG WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances 91-03 - March 14,1991 91-09 - May 14, 1991 91-21 - November 7,1991 92-17 - June 2, 1992 93-01 - February 16, 1993 93-03 - February 16, 1993 93-05 - May 25, 1993 93-06 - May 25, 1993 93-07 - May 25, 1993 94-07 - June 22, 1994 94-18 - August 16, 1994 94-21 - August 16, 1994 95-01 - January 10, 1995 96-10 - August 6,1996 97-01 - March 4,1997 97-09 - October 7, 1997 97-03 - September 2, 1997 99-01 - February 2, 1999 99-02 - April 6, 1999 99-03 - August 17, 1999 99-04 - August 17, 1999 99-05 - July 20,1999 -------------------------------- Underline is for addition Dtril<e ThrðtJgh is for deletion Ordinance #04-OO2a Draft #1 Page 1 PRINT DATE: 12/05103 ~ 99-15 - 99-17 - 00-10 - 00-12 - 01-03 - 02 -09 - 02-029 - 04-001 - July 20, 1999 September 7, 1999 June 13, 2000 June 13,2000 December 18,2001 March 5, 2002 October 15, 2002 XXXXX xx, 2004 99-16 - 99-18 - 00-11 - 00-13 - 02-05 - 02-20 - 03-005 - "'wI July 02,1999 November 2, 1999 June 13, 2000 June 13, 2000 June 24, 2002 October 15, 2002 October 7, 2003 3. On December 18, 2003, 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 10 days prior to the hearing and recommended that the proposed ordinance be approved. 4. On January 6, 2004, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on December 26, 2003. 5. On January20, 2004, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on January 9,2004. 6. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. -------------------------------- Ordinance #04-002a Draft #1 Underline is for addition Ctril(t; Thretlgh is for deletion Page 2 PRINT DATE: 12/05/03 ~ 'wIÌ THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO READ AS FOLLOWS, INCLUDE: **************************** CHAPTER - VII 7.00.00 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.10.13 SEWAGE AND SEPTAGE TREATMENT FACILITIES IN AGRICULTURAL ZONING DISTRICTS In the AG-l, AG-2.5 and AG-5 zoning districts, the establishment of a sewage and septage treatment facility may be authorized as a conditional use, subject to the following criteria: A. A minimum of ten (10) acres shall be required for all treatment facility sites. B. No structure, treatment storage area or treatment facility shall be located within fifty (50) feet of any property line or required base building line. C. All areas of development shall be fenced or walled. A minimum twenty (20) foot wide landscape barrier shall be provided around the perimeter of the treatment facility. This buffer shall contain at least one tree for every thirty (30) linear feet around the perimeter. Trees, shrubs and hedges must comply with the requirements of Section 7.09.00. D. All entry and exit points must be gate controlled. All gates must be consfructed with an opaque material. Except for busines~ operation hours, all gates are to be kept closed and locked. E. A site plan of this facility must accompany the application for conditional use. -------------------------------- Underline is for addition Ctriltt; Throl:Jgh is for deletion Ordinance #Q4-002a Draft #1 Page 3 PRINT DATE: 12/05103 "-' ....1 F. In the event of municipal annexation of a site pursuant to Chapter 171. Florida Statutes, an application for a facility shall require review and approval by the County until the applicable provisions of the municipal comprehensive plan and land development regulations for the annexed site have been approved by the municipality and determined to be in compliance pursuant to Part II. Chapter 163. Florida Statutes. **************************** PART B. CONFUCTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABIUTY . If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall 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. APPUCABIUTY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. FIUNG WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy-of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. -------------------------------- Underline is for addition StrUts Tnretlgh is for deietion Ordinance #04-oo2a Dralt #1 Page 4 PRINT DATE: 12/05/03 '--" """"" PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Paula Lewis xxx Vice Chairman John D. Bruhn .xxx Chairman Doug Coward xxx Commissioner Cliff Barnes xxx Commissioner Frannie Hutchinson xxx PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this day of ,2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman -------------------------------- Underline is for addition EtrikG Thl'Otlgh is for deletion Ordinance #04-002a Draft #1 Page 5 PRINT DATE: 12/05/03 Ordinance #04-002a Draft #1 '-" ..." APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney -------------------------------- Underline is for addition Gtrike; Thl'Otlgh is for deletion Page 6 PRINT DATE: 12/05/03 ~ ~ AGENDA ITEM 5: DRAFf ORDINANCE 04-002 - SEWAGE AND SEPTAGE: Mr. Dennis Murphy stated that Agenda Item # 4 was to consider Draft Ordinance 04-002, which proposes to amend the County's current regulations that address Sewage and Septage Treatment facilities in agricultural zoning districts. In sum, these regulations do not prevent a municipal authority from annexation of land and proceeding with the development of a sewage or septage treatment facility on that land, where the land will retain the County's agricultural zoning designation, until the zoning and land use have been changed in accordance with Chapter 163, Florida Statutes, by the annexing municipality. These regulations simply require that that County be included as a consenting partner in the application of the conditional use permit. The reasoning behind this recommended change is that in order to avoid unnecessary multi- jurisdictional conflicts that can rise out of inadequate communication between two separate political entities, where one side can be played off against the other, consensQs agreement to the appropriateness of the location and addressing any site development impacts would be required. Staff recommends that you forward Draft Ordinance 04-002 to the Board of County Commissioners with a recommendation of approval. Mr. Trias questioned how legal this ordinance was and stated he felt it was inappropriate. Mr. Hearn stated that he feels we need additional protection on processes that the municipalities go through when annexing properties. Mr. Lounds questioned if this ordinance was proposed to address any issues for future proposed water and sewer treatment plants. Mr. Murphy stated that he does believe so. Ms. Young stated that initially this ordinance would impact future annexed properties, not properties annexed in the past. She continued that it might be beneficial to add an effective date to the ordinance so that there is no confusion in the future. Mr. Grande stated that he believes that under section F, a property that has been annexed, but has not had it's comprehensive plan land use changed to the municipalities', would be affected by this ordinance. Ms. Young confinned that was correct. She explained that any properties that had already gone through the entire process would not be affected by this ordinance, not ones that have not completed the process. Mr. Hearn questioned if this ordinance would give St. Lucie County more say in what ~appens to land that used to be in the County, but now has been incorporated into the city. Mr. Murphy stated that it would as it relates to the potential development of a sewage or septage tre~tment. facility. Mr. Grande stated that would be only until such time that the city changed the land use. Mr. Murphy confinned that was correct. Mr. Hearn questioned if the County would have any say in the land use change, other than through the public hearing process. Mr. Lounds stated the he hopes he doesn't make a decision today that he will regret ten years from now. He continued that he understands Port St. Lucie's need to get away from their residential area for a septic treatment plant. He stated that he is not sure about this ordinance and needs some more infonnation. Mr. Trias stated that the County is trying to act as a city. He stated that the County in Broward and Miami-Dade Counties is demanding that all of the area that is being developed in an urban P & Z I LPA Meeting December 18,2003 Page 12 '" ..,t way be incorporated to the city. He continued that cities and counties should do different things and the problem now is that St. Lucie County is trying to do the same thing that a city should do, which he feels is dysfunctional and doesn't work in the long term. He stated that these decisions are going to end up being made for everyone because of the County's lawsuits and objections to perfectly reasonable and appropriate annexations in the cities. He stated that in the very near future the County would not be able to sustain the type of dysfunctional development that is going on. He continued that the sooner that realization happens the better off the community, citizens, and taxpayers are going to be. Mr. Lounds stated that he understo.od· Mr. Trias' comments, but feels that the County is concerned about a municipality annexing so much property and not having the ability to service it. Mr. Trias' stated that is not what is going on in their municipality. Mr. Grande stated that he agrees with Mr. Trias' comments that municipal services should be provided by municipalities. He continued that he is not sure this ordinance is the best way to do this, but it is a problem that needs to be addressed. He stated that the County, who is not a municipality, is competing with municipalities as a municipal service provided, and probably shouldn't be. Mr. Trias stated that it is inappropriate for the County to be behaving as if it were a city. Chairman McCurdy opened the public hearing. Seeing no one, Chairman McCurdy closed the public hearing. Mr. Hearn stated that anyone living near one of these proposed properties would be concerned about the change of use anticipated. He continued that he would like to see a mechanism in place that would allow the County to have input on how land is going to be used that has been annexed, for the protection of the people who still live in the unincorporated area. Mr. Grande stated that he agreed and this ordinance is the staff s attempt to address that problem during the transition phase, after the annexation occurs and the new use is incorporated into the municipalities Comprehensive Plan. He stated the County's function is not to provide municipal services, but it is to protect the citizens that are not protected by the municipal governments. He also stated that it does give a measure of protection during that interim period, without infringing on the rights of the municipality. Mr. Trias stated that the cities already have public processes that would allow for that kind of input already. He questioned why the County has to be involved then. Mr. Grande stated that presupposes that the residents that live outside of the city, but are directly impacted as neighbors would have access to the system of public input in the decision making process. Mr. Tnas stated that in his experience they do typically come to the public hearings and provide input. Mr. Grande stated that if they typically did there really wouldn't be a need for this ordinance. Mr. Grande made a motion to approve Draft Ordinance 04-002 as it is in the best interests of both the municipalities and the unincorporated county. Motion seconded by Mr. Lounds. Mr. Hearn stated that he would vote yes for the ordinance but would like to make it clear that he feels there needs to be stronger language to protect people that are being affected by the annexation process and the use of the land adjoining their preperty. P & Z I LPA Meeting December 18, 2003 Page 13 .. """ ..."", Upon a roll call vote the motion was approved with a vote of 5-1 (with Mr. Trias voting against) and forwarded to the Board of County Commissioners with a recommendation of approval. P & Z I LPA Meeting December 18, 2003 Page 14 y "" ....,.; Agenda Request Item Number: Meeting Date: 5·G Jan. 20, 2004 Consent Regular Public Hearing Leg. [ ] [ ] [ ] [X ] Quasi-JD [ X 1 To: Submitted By: Board of County Commissioners Community Development ,,~. '''\ Prel~~ B ) I V , r Development Dire SUBJECT: Consider Draft Resolution 04-005 granting approval to the petition of Jack Ke pton, for a major adjustment to an existing Planned Mixed Use Development Plan t allow the construction of an additional 4,511 square foot educational facility (Harbor Bra ch Leaming Garden Montessori School) for a 2.47 acre parcel of land located within the 20.7 acre Harbor Branch Oceanographic Institution - Visitor's Center located within the PMUD (Planned Mixed Use Development) Zoning District (File No.: RZ-03-028 and PUD-03-o17) BACKGROUND: Jack Kempton, Harbor Branch Montessori School, has submitted a Final Planned Unit development site plan for a 2.47-acre tract of land within a 20.76-acre land tract within the Harbor Branch Oceanographic Institute. The applicant has Indicated that the facility will be utilized for a Montessori School with a maximum of 140 students. The hours of operation are proposed to be from 7:30 am to 5:30 pm. The overall Master Plan for the Harbor Branch Oceanographic Institute identified the proposed area for InstltutionaVEducatlonal uses. To date within the 20.76 acre site there is a 4,063 square foot visitor's center. The proposed Site Plan is consistent with the existing and proposed land uses in the area, and with the previously approved Preliminary Development Plan for the Harbor Branch Oceanographic Institute. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: N/A N/A Staff recommends approval of Draft Resolution 04-005 approving the petitioner's request for final Planned Mixed Use Development for a 4,511 square foot Montessori School. ,subject to the limiting conditions contained therein. CURRENCE: COMMISSION ACTION: [][] APPROVED o OTHER D DENIED Approved 5-0 ~- Douglas M. Anderson County Administrator Coordination! Signatures County Attorney Finance.: Environ. Resources; ~ Mgt. & Budget: Fire Dept: Utility: Purchasing: Public Works: Other: ---- ~ ... . '-' '-' COMMISSION REVIEW: January 20, 2004 COMMUNITY DEVELOPMENT DEPARTMENT . (Planning Division> MEMORANDUM TO: County Commission _ FROM: Community Development Director DATE: January 12, 2004 SUBJECT: Petition of Jack Kempton, for a Major Adjustment to an existing Planned Mixed Use Development Plan to allow the construction of an additional 4,511 square feet of educational space (Harbor Branch Learning Garden Montessori School) for the project known as Harbor Branch Oceanographic Institute located in the PMUD (Planned Mixed Unit Development - Harbor Branch) Zoning District (File No.: RZ-03-028 and PUD-03-017) LOCATION: Harbor Branch Oceanographic Institute, Visitor's Center, just east of the Visiting Scientist housing. (Parcel 9 @ Harbor Branch Oceanographic Institute - see attached maps) EXISTING ZONING: PMUD (Planned Mixed Use Development) LAND USE DESIGNATION: MXD-Harbor Branch (Mixed Use - Harbor Branch) PARCEL SIZE: 20.76 ± Acres - Parent Parcel 2.47 ± Acres - Harbor Branch Montessori School Site PROPOSED USE: A 4,511 square foot school facility for children between the ages of 3 and 9. The hours of operation will be from 7:30 am to 5:30 pm. SURROUNDING ZONING To the north, south and east is PMUD (Planned Mixed Use Development) and to the west is I (Institutional) and CG (Commercial General). To the north is the Harbor Branch Oceanographic Institute Visitor's Center to- the east is the Harbor Branch Oceanographic Institute Warehouse and Diver's Training facility, Education Facility and Lab Area Museum and the Johnson Science Lab); to the south is Beth-EI Memorial Park and to the west Vacant land owned by Harbor Branch. SURROUNDING LAND USE: - -- ~ .., January 20, 2004 Page 2 Subject: Harbor Branch Montessori School RZ-03-028 and PUD-03-017 FIRE/EMS PROTECTION: The future land use designations are as follows: to the north, south and east is MXD - Harbor Branch and to the west is COM (Commercial) Station #7 is located approximately 3.5 miles to the west. The property will be serviced by an onsite well and septic systems. UTILITY SERVICE: TRANSPORTATION IMPACTS: Right of Way Adequacy: Old Dixie Highway is a state two-way arterial roadway facility with 66-feet of right-of-way. Scheduled Area Improvements: N/A TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity ******************************************** STANDARDS FOR SITE PLAN REVIEW Section 11.02.07, of the St. Lucie County Land Development Code identifies the minimum Standards of Review for all proposed Site Plans. These standards must be met in order for any site plan approvals to be considered. Staff has re'{iewed the request for a Major Adjustment to an Existing Major Site Plan, utilizing these requirements and notes the following: A. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN The proposed building or use 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; and the proposed usë complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of St. Lucie County. The proposed addition to the Harbor Branch Oceanographic Institute Visitor's Center is consistent with the general purpose, goals, objectives and standards of this Code and the Code and Compiled Laws of St. Lucie County. The proposed use complies with all additional -- --------- .........- ~ '-' January 20, 2004 Page 3 Subject: Harbor Branch Montessori School RZ-03-028 and PUD-03-017 standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of S1. Lucie County. On July 21,1998, via Resolution 98-137, the Board of County Commissioners approved a Final Planned Mixed Use Development (PMUD) Site Plan for the project known as Harbor Branch Oceanographic Institution - Visitor's Center. The Final PMUD plan provided for the subject area tö be utilized for Educational Uses and Public Access Areas for the Harbor Branch Oceanographic Institute. The applicant is requesting the approval to operate a Montessori School for children between the ages of 3 and 9. The proposed educational use is consistent with the approved use for this portion of the Harbor Branch site. The proposed addition to the Harbor Branch Oceanographic Institution - Visitor's Center is consistent with the general purpose, goals, objectives and policies of the S1. Lucie County Comprehensive Plan, and the Code and Compiled Laws of S1. Lucie County. These policies include, but are not limited to: · Policv 1. 1. 1. 1 of the Sf. Lucie County Comprehensive Plan establishes a maximum intensity within the MXD (Mixed Use) land use category as 40% - 50% lot coverage by structure. The project is proposed to be developed at an intensity by building coverage of only 7.82% of the entire 20.76-acre parent tract (includes the existing 4,063 square foot visitor center and the proposed 4,511 square foot Montessori School). · Objective 1. 1.5 of the Sf. Lucie County Comprehensive Plan, states that future development must be within the Planned Urban Service Area and directed to areas where urban and community services/facilities can be provided in the most efficient and compact manner so as to discourage the proliferation of urban sprawl. The proposed 4,511 square foot addition to the Harbor Branch Oceanographic Institution - Visitor's Center is located within the Urban Service Area and is currently utilizing onsite weiland sep.tic systems as urban services have not expanded into this area. The area under review is within the service delivery of the St. Lucie County UtilitieS"; Upon the services being installed within this area, the projects will be required to hook into the service lines. . . B. EFFECT ON NEARBY PROPERTIES 1. The proposed building or use will not have an undue adverse effect upon nearby property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. '-" ~ January 20, 2004 Page 4 Subject: Harbor Branch Montessori School RZ-03-028 and PUD-03-017 The proposed 4,511 square foot addition to the Harbor Branch Oceanographic Institution - Visitor's Center has been determined not to have an undue or adverse effect upon nearby properties. The subject property is surrounded by educational uses to the north, south and east. To the west is vacant commercial and institutionally zoned land. The proposed project is consistent with the existing industrial development patterns along Old Dixie Highway and with the uses currently being operated and programmed for Harbor Branch Oceanographic Institution. Old Dixie Highway in the subject area has an average right-of-way width of 66 feet to the south of the Harbor Branch facility and 120 feet to the north of the facility. The County Road Department has indicated that no additional right-of-way will be required for this segment of Old Dixie Highway. The Harbor Branch Learning Garden Montessori School provides for a separate entrance into the project. The applicant has stated that the school will have a maximum student capacity enrollment of 140 students. This project is below the required threshold. Staff has determined that at this time, no turn lanes are necessary for this project. If in the future, a problem occurs with regards to traffic backing up onto Old Dixie Highway during student drop-off and pick-up periods, then the developer will be required to provide an alternate means to eliminate the problem, this may include providing a turn lane from Old Dixie Highway. Onsite well and septic systems will be utilized for the proposed project, as services are unavailable for this area at this time. The area under review is within the designated service delivery of the St. Lucie County Utilities. Upon the services being installed within this area, the proposed project will be required to tie into the service lines. 2. All reasonable steps have been taken to minimize any adverse effect of the proposed building or use on the immediate vicinity through building design, site design, landscaping, and screening. The proposed 4,511 square foot addition to the Harbor Branch Oceanographic Institution - Visitor's Center will be utilized as a Montessori School. The proposed facility will consist of five buildings: one building is 1,055 square feet in size and the remaining four buildings are 864 square feet in size. The five buildings as the site plan depicts will be installed around an open playground area. The area in which the proposed development is to occur is the most impacted portion of the \.,r ..., January 20, 2004 Page 5 Subject: Harbor Branch Montessori School RZ-03-028 and PUD-03-017 remaining vacant land on the Visitor's Center site. The project as designed minimizes impacts to the existing trees on this site. 3. The proposed building or use will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. . . The design of the proposed project has been determined not to interfere with the development or use of neighboring properties, as may be regulated by the St. Lucie County Land Development Code. The surrounding properties to the north, south, east are designated with a PMUD (Planned Mixed Use Development - Harbor Branch) Zoning District and to the west is designated with a CG (Commercial General) and I (Institutional) Zoning District and therefore the proposed project is considered compatible with the surrounding properties. C. ADEQUACY OF PUBLIC FACiliTIES The proposed building or use complies with the standards of Chapter \I, Adequate Public Facilities. The proposed 4,511 square foot addition to the Harbor Branch Oceanographic Institution - Visitor's Center is not expected to cause any of the existing transportation links in this area to fall below current Level of Service conditions. Onsite well and septic systems will be utilized for the proposed project, as services are unavailable for this area at this time. The area under review is within the designated service delivery of the St. Lucie County Utilities. Upon the services being installed within this area, the proposed project will be required to tie into the service lines. . D. ADEQUACY OF FIRE PROTECTION The applicant has obtained from the St. Lucie County Bureau of Fire Prevention written confirmation, or has othelwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. The applicant has obtained from the St. Lucie County Fire District written confirmation that the proposed site plan conceptually meets the minimum access and water supply requirements for fire protection services at this facility. ~ """ January 20, 2004 Page 6 Subject: Harbor Branch Montessori School RZ-03-028 and PUD-03-017 E. ADEQUACY OF SCHOOL FACiliTIES The proposed building or use will be served by adequate schObl facilities. A~ this pr9ject -is an educational facility, no additional school facilities will be required because of this development. F. ENVIRONMENTAL IMPACT For developments required to provide an environmental impact report under Section 11.02.09(A)(5), the proposed development will not contravene any applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis': of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc. (August, 1982). The developer is proposing to construct an educational facility within a 2.47-acre tract of land located on the overall 20.78-acre Harbor Branch Oceanographic Institution - Visitor's Center site, within the 2.47-acre site the applicant's Environmental Impact report identified four plant communities: Pine Flatwoods, Sand pine Scrub, Live Oak/Scrub Oak, Scrub Oak/Open. The northeast portion of the project area consists of a canopy of slash pine (pinus elliottit) and scattered cabbage palm trees (Sabal palmetto), with an understory dominated by saw palmetto (Serenoa repens). Scattered Brazilian pepper (Schinus terebinthifolius) trees and shrubs occur throughout this area, along with grape vine (Vitis munsoniana) and green briar vine (Smilax bona-nox). Sand pine (Pinus clausa) mixed with a variety of scrub oaks (scrub live oak, Quercus geminata; myrtle oak, Quercus myrtifolia; and Chapman Oak, Quercus chapmanit) dominates the northwest portion of the project area. Scrub hickory trees (Carya floridana) also occur in this habitat. Ground cover includes species such as golden aster (Chrsopsis mariana), partridge pea (Cassia chamaecrista), scrub sedge (Rhynchospora megalocarpa) and prickly pear (Opuntia compressa). Lakela's mint (Dicerandra immaculate) occurs in some open area. Vegetation in the southeast portion of the site is characterized by a canopy of live oak (Quercus virginiana) mixed with a thicket of scrub oaks. Scrub hickory and tallow wood (Ximenia . Americàna) are common associated species. Some typical understory and ground cover species include wild coffee (Psychotria nervosa), golden aster, beauty berry (Callicarpa Americana) an~ butterfly pea vine (Centrosoma '!.irginianum). The southwest and western portions of the site contain fewer and smaller trees and are characterized by more open, bare sandy areas with patches of Lakela's mint, prickly pear, hair sedge (Bulbostylis ciliatifolia), rustweed (Polypremum procumbens), golden aster and partridge pea. The central portion of the site proposed for the school development contains an existing building and driveway; bahia grass (Paspalum notatum), smut grass (Sporobolis indicus), Brazilian pepper, periwinkle (Catharanthus roseus), guinea grass (Panicum maximum) and ragweed (Ambrosia artemisiifolia). ~ ...; January 20, 2004 Page 7 Subject: Harbor Branch Montessori School RZ-03-028 and PUD-03-017 Section 7.01.03(1) of the Land Development Code requires that a minimum of 35% of the entire site be preserved as open space. Of the entire, 20.76-acre Harbor Branch Oceanographic Institution - Visitor's Center site 16.07 acres is designated as open space (94.1% of the site). The remaining 4.69 acres (5.9% of the site) consists of the existing visitor's center building and associated parking areas and the proposed school facility and its associated parking areas. COMMENTS: Jack Kempton has applied for a Major Adjustment to an existing Planned Mixed Use Development Site Plan that provides for the addition of 4,511 square feet of educational space to be located south of the existing Harbor Branch Oceanographic Institution _ Visitor's Center. The petitioners propose to operate a Montessori School with a maximum enrollment of 140 students. The students will range in age from 3 years of age to 9 years of age. The hours of operation for the proposed facility are from 7:30 am to 5:30 pm. The applicant's have indicated that the student drop-off and pick-up periods will be staggered as follows: Dro -Off 8:00 am - 9:00 am 8:00 am - 9:00 am 7:30 am - 8:30 am The proposed addition of 4,511 square feet of new education space at the Harbor Branch Oceanographic Institution - Visitor's Center has been determined not to have an undue or adverse effect upon nearby properties. The subject property is surrounded by educational uses to the north, south, and east and vacant commercial property to the west. The proposed project is consistent with the existing development patterns along Old Dixie Highway. The proposed petition is consistent with the Goals, Objectives ånd Policies of the St. Lucie County Comprehensive Plan and satisfies- the criteria set forth in the 51. Lucie County Land Developf'Dent Code. Attached is a copy of Draft Resolution 04-005, which, if approved, would grant this request for a Major Adjustment to an existing Planned Mixed Use Development Site Plan, subject to the following condition: 1. Prior to the issuance. of any Land Clearing Permits for the Harbor Branch Learning Garden Montessori School, the developers shall clearly delineate all areas to be preserved and/or protected. Delineation shall be by either the placing of silt '-' ...,¡ January 20, 2004 Page 8 Subject: Harbor Branch Montessori School RZ-03-028 and PUD-03-017 fencing, safety fencing or similar type of materials. Flagging shall not be used except to guide 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. . - 2. If at any point St. Lucie County identifies a problem with vehicles stopped within the right-of-way for Old Dixie Highway, the developer shall· be required to provide a plan that eliminates the overflow vehicles onto Old Dixie Highway, such plan may include providing for a deceleration/turn lane into the site. 3. The maximum student enrollment for this site shall be 140. If the school desires in the future to expand their site and add additional students, a revision to the Planned Mixed Use Development must be submitted for review and approval by the Board of County Commissioners. 4. The hours of operation shall be limited to 7:30 am - 5:30 pm, Monday through Friday. Noting the above condition, staff recommends approval of Draft Resolution 04-005. If you have any questions, please let us know. cs H:/wp/planned unit developments/harbor branch/learning garden/agenda/hbrbrch.Montessori.memo.doc cc: County Administrator County Attorney Planning Manager Jack Kempton Stephen Moler, Masteller & Moler, Inc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ~ '-' RESOLUTION 04-005 FILE NO.: RZ-03-o26 and PUD-03-017 A RESOLUTION GRANTING APPROVAL TO A MAJOR ADJUSTMENT TO AN APPROVED PLANNED MIXED USE DEVELOPMENT SITE PLAN PROJECT KNOWN AS HARBOR BRANCH OCEANOGRAPHIC INSTITUTE - VISITOR'S CENTER/MONTESSORI SCHOOL WHEREAS, the Board of County Commissioners of Sf. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Jack Kempton. presented a petition for a Major Adjustment to an Existing Planned Mixed Use Development Site Plan Project, known as Harbor Branch Oceanographic Institution - Visitor's Center, that provides for the addition of 4,511 square feet of educational space, to be known as Harbor Branch Learning Center Montessori School, on 2.47-acres of the 20.76 acre site, located just south of the existing Harbor Branch Oceanographic Institution _ Visitor's center, in the PMUD (Planned Mixed Use Development - Harbor Branch) Zoning District for the property described in Part B. 2. July 21, 1998, via Resolution 98-137, the Board of County Commissioners approved a Final Planned Development Site Plan and a Change in Zoning for the Harbor Branch Oceanographic Institution - Visitor's Center. 3. The Development Review Committee has reviewed the 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 Sf. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this Resolution. 4. The proposed project is consistent with the general purpose, goals, obiectives and standards of the Sf. Lucie County Land Development Code, the Sf. Lucie County Comprehensive Plan and the Code of Ordinances of Sf. Lucie County. 5. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 6. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 7. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 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 '-' ...., 8. The proposed project will be served through an onsite well and septic system. 9. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on January 20, 2004. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Major Adjustment to an existing Planned Mixed Use Development Site Plan known as Harbor Branch Oceanographic Institution - Visitor's Center and Montessori School, is hereby approved as depicted on the site plan drawings for the project prepared by Masteller & Moler, dated 6/3/03, and last revised on 11/04/03 and date stamped received by the St. Lucie County Community Development Director on 11/20/03 for the property described in Section B, subject to the following conditions. 1 . Prior to the issuance of any Land Clearing Permits for the Harbor Branch Learning Garden Montessori School, the developers shall clearly delineate all areas to be preserved and/or protected. Delineation shall be by either the placing of slit fencing, safety fencing or similar type of materials. Flagging shall not be used except to guide 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. 2. If at any point St. Lucie County Identifies a problem with vehicles stopped within the right-of-way for Old Dixie Highway, the developer shall be required to provide a plan that eliminates the oveñlow vehicles onto Old Dixie Highway, such plan may Include providing for a deceleration/turn lane Into the site. 3. The maximum student enrollment for this site shall be 140. If the school desires In the future to expand their site and add additional students, a revision to the Planned Mixed Use Development must be submitted for review and approval by the Board of County Commissioners. 4. The hours of operation shall be limited to 7:30 am - 5:30 pm, Monday thròugh Friday. B. The property on which this Major Adjustment to an Existing Site Plan approval is being granted is described as follows: BEING A PART OF THE SOUTH HALF OF SECTION 8, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 8; THENCE S 89°57'16" W ALONG THE QUARTER SECTION LINE, 722.10 FEET TO THE WEST RIGHT-OF-WAY LINE OF STATE ROAD NO. 605 (A.K.A OLD DIXIE HIGHWAY) ACCORDING TO THE MAINTENANCE RIGHT-OF-WAY MAP RECORDED IN PLATBOOK 19, PAGE 22, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND ALSO BEING POINT OF 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 '-' ..",¡ BEGINNING; THENCE THE fOLLOWING COURSES ALONG SAID 1 00.02 fEET; S 27°01 '16" E, 100.00 fEET; S 27°-01'16" E, 100.00 fEET; WEST RIGHT-Of-WAY LINE; S 26°26'53" E, 60.06 fEET; S 27°52'49" E, S 26°37'12" E, 100.00 fEET; S 27°08'08" E, 100.00 fEET; S 27°18'27" E, 100.00 fEET; S 25°35'20" E, 100.02 fEET; S 27°01'16" E, 100.00 fEET; S 26°26'53" E, 102.16 fEET TO THE NORTH RIGHT-Of-WAY LINE Of AMANDA ROAD; THENCE S 89°46'58" W ALONG SAID NORTH RIGHT-Of-WAY LINE Of AMANDA ROAD, 1069.01 fEET TO THE EAST RIGHT-Of-WAY LINE Of US HIGHWAY NO.1; THENCE NORTH 24°36'11" W ALONG SAID - EAST RIGHT-Of-WAY LINE Of US HIGHWAY NO.1 947.64 fEET TO THE NORTH LINE Of THE SOUTHWEST QUARTER Of SAID SECTION 8; THENCE N 89°57'16" EAST ALONG THE NORTH LINE Of THE SOUTHWEST QUARTER Of SAID SECTION 8,1028.71 FEET BACK TO THE POINT Of BEGINNING. CONTAINING 20.76 ACRES, MORE OR LESS. (Tax ID#s: 1408-221-0002-000/8 & 1408-312-0004-00011) (Location: 5600 Old Dixie Highway) C. This Major Adjustment to an Existing Planned Mixed Use Development Site Plan shall expire on January 20, 2006, unless a building permit is issued or an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code. D. The Major Adjustment to an Existing Planned Mixed Use Development Site Plan granted under this Resolution is specifically conditioned to the requirement that the petitioner, Jack Kempton, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to: the United States Army Corps 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. E. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on January 20,2004, which certificate shall remain valid . for the period of Site Plan approval. Should the Site Plan approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, a new certificate of capacity shall be required. - F. A copy of this resolution shall be attached to the site plan drawings described in Section A, which plan shall be placed on file with the St. Lucie County Community Development Director. - After motion and second, the vote on this resolution was as follows: Chairman Paula Lewis xxx Vice-Chairman John Bruhn xxx 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 2' 30 31 32 33 34 35 36 37 38 39 '-' Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this 20th day of January 2004. '...,/ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: DEPUTY CLERK COUNTY ATTORNEY cs: H:\WP\planned unit developmentslharbor branchlagendalRes.04005.doc '-' '...I EXHIBIT "A" CERTIFICATE OF CAPACITY '-'1 EXHIBIT "B" SITE PLAN GRAPHIC '" '-' ..." c .0 ........ ~ ........ ..c:¡::; ü en c c <\S- ~ Ü CO '- ~..c 00. ..o<\S ~ ~ <\so) IO c <\S Q) Ü o ..... z " ~$f ~ ! ; ~ J I J~ II ~ I CX)J'.. C\j""'- 00 I I et)et) 00 NO a::J 0.... \ C, _.'DmI a: ~ æ i ; ... ð I CD I!! .... : .. I '" I z « -- Õ ~ .tl·) - -, _ 110&"'" r I S !i[ 1 , S K 1 AlNno:J 3380H:J33) O ~ ... ... .... ~ Z ::) o ü ... Z ç:: ~ ~ '" :::!: ... .. .... '" 'WI A Petition of Harbor Branch Oceanographic Institution, Inc. for a Change in Zonin from RS-2, RM-5 and I to PMUD for a 140 student school facility. \. ~ tI. " C!. Cove ......---'----- ,/ C/IonneI LC-- Uì _J ~ RZ 03-028 & PUD 03-017 V / / / / ~ This pattern indicates ~ subject parcel -- \. ~ ~ C!. 5&-~~~ t 1hII1Mp" beIn...... 1Dr.....~ Md.......,..,....,. N .... .., ....... ~ ...... II ...... .. fI'IIIII CUNI'It... ...... ~ paellltil,1"nalNniId ......IIoIIIw'I*1cIIng--. Map prepared December 30. 2003 '-' "'" Harbor Branch Oceanographic Institution, Inc. RS-2 FVC \ ~. L '!. R-C I I RtÇ I I I Cove IL -'----111-- I ,/ --~ In LC u I __J RS-2 PMUD \ ~ '!. RS-2 ~ RZ 03-028 & PUD 03-017 ~ This pattern indicates subject parcel sþ-.(~~~ f Map prepared December 30, 2003 "".. .... _...~aQIIWII~Ind~. -.... N WI-.. WWf....... bMn ..... 1D JI'cMdI .. _.... n ~ Ì"IIOIINIIiGI1pc111tN.'ilnaI~.~..IIOIIr~docunIrC. RZ 03-028 & PUD 03-017 ~ This pattern indicates subject parcel ~~ !- ~J~ . -=-<.~~ r Map prepared December 30. 2003 1'hf4mtphÞ~~b'gwrw1II~.ftI~.~oW. N 1M1iIIJ"tMty~twbMnI1'llil1à5ÐpI'OIiIòttwrJ'/l'Jlltc.nø1l!h;f.~ ~~II..ootlnit1ncifldlor_ilVli"lIQIirbR::llnQ~ ...., Land Use Harbor Branch Oceanographic Institution, Inc. RU RtC RtC \ 1- t. I I I R'¢ I I Cove --1-- '-___ I Lê--~ 11ì MXD- _J Harbor Br ~ RZ 03-028 & PUD 03-017 V / / / / ~ This pattern indicates ~ subject parcel \ 1- t. ~~~~ f Map prepared December 3D, 2003 1hII1nIp ,. ~ 0GI'IIIpIId ........-...0 .., ""-a ........ ..... N .. -.yo ..... .... ..... tit PftMcM .. .... CUNnlINI ~ nIanNIicIn PØIiIÞI.... nøt...... for.- _. ~ ~ Ib:unert. "'" ....., BOARD OF COUNTY COMMISSIONERS !''f'i!,~'' '=f:I~" ····eJ·-·'e"i·· ~"""""""""'¡ COUNTY '¡, FLORIDA COMMUNITY DEVELOPMENT DIRECTOR January 9, 2004 In accordance with the St. Lucie County Land Development Code, you are hereby advised that HARBOR BRANCH OCEANOGRAPHIC INSTITUTION, INC., has petitioned St. Lucie County for a Change in Zoning from the RS-2 (Residential, Single-Family - 2du/acre), RM-5 (Residential, Multiple-Family _ 5 du/acre), and I (Institutional) Zoning Districts to the PMUD (Planned Mixed-Unit Development _ Harbor Branch) Zoning District for the following described property: Location: 5600 Old Dixie Highway. THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The second public hearing on the, petition wül be held at 6:00 P.M., or as soon thereafter as possible, on January 20, 2004, County Commissioner's Chambers, St. Lucie County Administration Buüding 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 Board of C{)unty 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 County Commission are electronically recorded. If a person decides to appeal any decision made by the County 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 parcel, please forward this notice to the new owner. Please call (772) 462-1960 if you have any questions, and refer to: File Number RZ-03-028/PUD-03-017. Sincerely, ST. LUCIE COUNfY BOARD OF COMMISSIONERS ~~~(?~le:z:::L--V~ I ÄA ~ Paula Lewis, Chair JOHN D, ßRUHN, District No, 1 . DOUG COWARD, District NO.2· PAULA A. LEWIS, District No. J . FRANNIE HUTCHINSON, District NO.4. CUFF ßARNES, District No.5 County Administrotor - Douglos M. Anderson 2JOO Virginia Avenue · Fort Pierce, FL J4982-5652 Administration: (772) 462-1590 · Planning: (772) 462-2822 · GIS/Technical SeNices: (772) 462-155.3 Economic Development: (772) 462-1550 . 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AND \/ERn CONDrnQNS AT SITE, CONTRACTOR SHAll :;.'11' GENT I~'^T THE OfFICE Of THE UTILITY COIoIPANtES AND WUNlap& :~I",S To,Jjiô,lE:ílMINE THE EXACT lOCATION Of UTlUTY STRUCTURES. THE ~:coþ!.YRACTOR Sti,Aa.,:f\iO'TIF"Y. IN WRITING, THE UTIUTY COUPANJES, MUNICIPAliTY "'~'O"'ERS IN'/QI.'iED Of THE NATURE AND SCOPE Of THE PROJECT. AND Of HIS Ç;\)PERATlONS T!IIIf. AmCT THc:R rAaUTlES OF PROPERTY. ~ 48~;-before 70U dig In Jbida ,.; JURISDICTIONAL PERMITS ~ ST. LUCIE COUNTY BCC ST. LUCIE COUNTY FLORIDA DEP S.F.IJ,M.D. .EŒ!ill. FINAL DEVELOPMENT DRIVEIJAY PERMIT VASTEVATER PERMIT ' STORMVATER MANAGE~ . a-. Ib.t ...... 1-800-432-4770 s_ Stole 0.. Call of PIorid.. ..... 'I LEARNING GARDEN MONTESSORI ~ œ"~ A ~. /DJ@. r;¡, CONSULTING ENGINEERS ŒATJrlCAT£ OF' AU-11OUZATIDN frCL 421)4 1m 14TH A\ItN\E" VtAD lEACH. FLORIDA 32960 flH.(772) "7-MOD I FAX (722) "4-1106 ~ ..--" ~ov 1 7 ~i¡ß3 ~¡j- if c.' .;; 'f; I' t~--~_·_··· . ~~t II~! '.'1 2 GiO .. l~\-__.d ._.,1 CQM:..',;,;td...vo!;.,r.l·::'·:'I.'(/,·) l T. ~~~.,~~.;'L._j 1 10-1-03 REVISE PER S.I..c. CIJ04M£NTS REV, DATE DESCRIPTION SH/S£II DR/ APP STEPHEN E. MOLER, P.E. FL #33193 o ~ IIAS1I:U.£R .. I0OI.£II. IOC. '" tr/ '" ...." Agenda Request Item Number: Meetina Date: 5D Consent Regular Public Hearing Leg. [ ] [ ] [ ] [X] Quasi-JD [ X] To: Submitted By: Board of County Commissioners Community Development Presented By SUBJECT: Development Director Consider Draft Resolution 04-008, approving the request of Joseph Miller for a change in zoning from AG-5 (Agricultural - 1 dwelling unit/5 acres) to PUD (Planned Unit Development - Carlton Country Estates) and granting Preliminary and Final Planned Unit Development approval for the project to be known as Carlton Country Estates. (File No.: RZ-03-004 and PUD-03-003) BACKGROUND: Joseph Miller has submitted a Preliminary and final PUD (Planned Unit Development) site plan for a parcel on the east side of Ideal Holding Road approximately .75 acres south of Okeechobee Road. The plan provides for 24 lots on 151 acres (6.29 unit per acre). The plan also provides about 15% common open space and over 80% open space overall. The proposed plan has been granted variances for the length of its roads and the reduction in common open space The proposed subdivision is consistent with both the Comprehensive Plan and the Land Development Code. FUNDS AVAILABLE: N/A PREVIOUS ACTION: April 3, 2003 Board of Adjustment approval of two Variances. December 18 2003 Planning and Zoning Commission recommendation of approval. RECOMMENDATION: Staff recommends approval of Draft Resolution 04-008 which grants rezoning and preliminary and final site plan approval to Carlton Country Estates a 24-unit single-family residential subdivision on 151 acres, subject to the included conditions. [j[] APPROVED c=J OTHER o DENIED Approved 5-0 D glas M. Anderson ounty Administrator COMMISSION ACTION: Coordinationl Signatures County Attorney Finance.: Environ. Resources; :} Mgt. & Budget: Fire Dept: Utility: Purchasing: Public Works: Other: ,.." TO: County Commission .. ..I COMMISSION REVIEW: January 20, 2004 COMMUNITY DEVELOPMENT DEPARTMENT (Planning Division> MEMORANDUM FROM: Community Development Director DATE: January 13, 2004 SUBJECT: Consider Draft Resolution 04-008, approving the request of Joseph Miller for a change in zoning from AG-5 (Agricultural - 1 dwelling unit/5 acres) to PUD (Planned Unit Development - Carlton Country Estates) and granting Preliminary and Final Planned Unit Development approval for the project to be known as Carlton Country Estates. (File No.: RZ-03-004 and PUD-03-003) LOCATION: East side of Ideal Holding Road approximately .75 miles south of Okeechobee Road EXISTING ZONING: PROPOSED ZONING: LAND USE DESIGNATION: PARCEL SIZE: PROPOSED USE: SURROUNDING ZONING: SURROUNDING LAND USE: FIRE/EMS PROTECTION: UTILITY SERVICE: AG-5 (Agriculture 1 dwelling unit /5 acres) PUD (Planned Unit Development - Carlton Country Estates) AG-5 (Agriculture 1 dwelling unit /5 acres) 151 ± Acres A 24-unit single-family subdivision on 151 acres AG-5 (Agriculture 1 dwelling unit / 5 acres) to the north, south, east and west AG-5 (Agriculture 1 dwelling unit / 5 acres) to the north, south, east and west . Station #11 Shinn Road located approximately 6 miles to the northeast. Well and Septic tanks - ~ ,..", January 12, 2004 Page 2 Subject: Carlton Country Estates RZ-03-004 and PUD-03-003 TRANSPORTATION IMPACTS: Right of Way Adequacy: Ideal Holding Road has a right-of-way of 100 feet. Scheduled Area Improvements: None 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 amendment to the official Zoning Atlas, the Board of County Commissioners shall consider and make the following determinations: A. Whether the proposed amendment is in conflict with any applicable portions of the St. Lucie County Land Development Code; The applicant is requesting preliminary and final PUD (Planned Unit Development) approval and rezoning for a 151-acre tract of land, to construct a 24-lot residential subdivision. The proposed rezoning has been determined to not be in conflict with any applicable provision of the St. Lucie County Land Development Code. The application for Preliminary and Final 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. On April 3, 2003, the project was granted two variances by the Board of Adjustment. The first of these variances allowed for dead end streets longer than the 1 ODD-foot maximum allowed by Section 7.01.03(E)(9) of the St. Lucie County Land Development Code. The second variance allowed less than 35% common open space in a Planned Unit Development as required in Section 7.01.03(1)(1). The required site plan, representing the preliminary and final development plan for the project known as Carlton Country Estates has been determined to be consistent with the development and design standards of the County's Land Development Code. B. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed development plan for the Project known as Carlton Country Estates is consistent with the general purpose, goals, objectives and policies of the St. Lucie - - '-" ......, January 12, 2004 Page 3 Subject: Carlton Country Estates RZ-03-004 and PUD-03-003 County Co~prehe~~ive Plan, and the Code and Compiled Laws of St. Lucie County. Representative Policies from the County's Comprehensive Plan include: Policy 1.1.1.1 - The development proposal allows for 24 lots on 151 acres a density of 1 home per 6.29 acres. This density is consistent with the maxim~m density permitted within the AG-5 (1 dwelling unit/5 acres) Comprehensive Plan designation. Policy 1.1.2.1 - The density does not exceed that allowed by the Comprehensive Plan. Policy 1.1.2.2 - The proposed petition is being processed as a Planned Unit Development as required. Policy 1.1.2.3 - The project provides in excess of 80% open space (81.64%) as required. Policy 1.1.2.6 - Perimeter buffers have been provided. C. Whether and the extent to which the proposed amendment 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. Large lot subdivisions with agricultural amenities (such as the proposed riding trails for horses) are considered consistent in the Agricultural areas. D. Whether there have been changed conditions that require an amendment; Specific conditions have not changed in the area E. 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 24-lot subdivision on 151 acres in the AG-5 zoning district resulting in minimal demands on public facilities. The applicant has received confirmation that sufficient capacity is available to meet the demands of the proposed project. A previously approved MSBU (Municipal Services Benefit Unit) partially funded Ideal Holding Road. The developer is working with the County in order to insure that this project pays its fair share of that cost. The project anticipates using onsite wells and septic tanks. The proposed development is expected to generate fewer that 240 daily trips. Ideal Holding and Okeechobee Roads have sufficient capacity to meet the demands of this project. As part of the site planning process, the applicant's were notified that the "'" ...., January 12, 2004 Page 4 Subject: Carlton Country Estates RZ-03-004 and PUD-03-003 proposed access roadways exceeded the maximum 1,000 feet in length. In order to develop the parcel, the applicant petitioned the St. Lucie County Board of Adjustment (BOA) for a variance to Section 7.05.02(A)(9), to allow internal roadways that exceed 1,000 feet in length. The BOA unanimously approved the variance request. The proposed development is not expected to negatively impact any of the surrounding public facilities. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The property being proposed for development was previously cleared. There is no significant native vegetation located on the subject site. No significant adverse impacts on the natural environment are expected. G. Whether and the extent to which the proposed amendment would adversely effect the property values in the area. It is not anticipated that the Final PUD approval for Carlton Country Estates will have any negative impact on the value of this property or on any of the adjacent properties in this area. The surrounding area is vacant and/or used for pasture land. Nearby Agricultural uses have not objected to the proposal but have asked that prospective purchasers be informed of the proximity and nature of these uses. Aero Acres, a fly in subdivision is located nearby. Residents of Aero Acres have asked that prospective purchasers be notified of the proximity of this small airport. Mr. Miller has agreed to these notifications. Conditions requiring these notifications are included. H. - Whether and the extent to which the proposed amendment would result in orderly and logical development pattern specifically identifying any negative affects of such patterns. The subject site is designated with an AG-5 (Agriculture 1 dwelling unit / 5 acres) Future Land Use Map designation that permits the development of a large lot Planned Unit Development with agricultural amenities. The proposed development is not in conflict with adjacent land uses. Aero Acres a subdivision with accessory runways for private aircraft is within located one-half mile of this project. No conflict between the uses is expected. The developer has agreed to notify buyers of the existence of this use. The developer has also agreed to notify buyers of the nature of nearby agricultural uses. I. Whether the proposed amendment would be in conflict with public interest, and is in harmony with the purpose and intent of this Code. The proposed amendment has been determined not to conflict with the public interest and the St. Lucie County Land Development Code. - - ~ ~ January 12, 2004 Page 5 Subject: Carlton Country Estates RZ-03-004 and PUD-03-003 ******************************************** STANDARDS OF REVIEW AS SETFORTH IN SECTION 11.02.07 ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed Final Planned Unit Development site plan, the Board of County Commissioners shall consider and make the following determinations: A. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN The proposed building or use 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; and the proposed use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of St. Lucie County. The proposed amendment is not in conflict with the St. Lucie County Land Development Code. Carlton Country Estates is located on the East side of Ideal Holding Road approximately .75 acres south of Okeechobee Road in an area designated by both the St. Lucie County Comprehensive Plan and the Land development Code for AG-5 (1 dwelling unit per 5 acres). The applicant is requesting preliminary and final PUD (Planned Unit Development) approval and rezoning for a 151-acre tract of land, to construct a 24-lot residential subdivision. The proposed rezoning has been determined to not be in conflict with any applicable provision of the St. Lucie County Land Development Code. The application for Preliminary and Final 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. On April 3, 2003, the project was granted two variances by the Board of Adjustment. The first of these variances allowed for dead end streets longer than the 1000-foot maximum allowed by Section 7.01.03(E)(9) of the St. Lucie County Land Development Code. The second variance allowed less than 35% common open space in a Planned Unit Development as required in Section 7.01.03(1)(1). The project provides 15.25% common open space and exceed 80% open space overall. The required site plan, representing the preliminary and final development plan for the project known as Carlton Country Estates has been determined to be consistent with the development and design standards of the County's Land Development Code. The proposed development plan for the area known as Carlton Country Estates, is consistent with the general purpose, goals, objectives and policies of the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County. Representative Policies from the County's Comprehensive Plan include: '-' ....J January 12, 2004 Page 6 Subject: Carlton Country Estates RZ-03-004 and PUD-03-003 Policy 1.1.1.1 - The development proposal allows for 24 lots on 151 acres, a density of 1 home per 6.29 acres. This density is consistent with the maximum density permitted within the AG-5 (1 du/5 acres) Comprehensive Plan designation. Policy 1.1.2.1 - The density does not exceed that allowed by the Comprehensive Plan. Policy 1.1.2.2 - The proposed petition is being processed as a Planned Unit Development as required. Policy 1.1.2.3 - The project provides in excess of 80% open space (81.64%) as required. Policy 1.1.2.6 - Perimeter buffers have been provided. B. EFFECT ON NEARBY PROPERTIES 1. The proposed building or use will not have an undue adverse effect upon nearby property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. It is not anticipated that the Final PUD approval for Carlton Country Estates will have any negative impact on the value of this property or on any of the adjacent properties in this area. The surrounding area is vacant and/or used for pasture land. Nearby Agricultural uses have not objected to the proposal but have asked that prospective purchasers be informed of the proximity and nature of these uses. Aero Acres, a fly in subdivision is located nearby. Residents of Aero Acres have asked that prospective purchasers be notified of the proximity of this small airport. Mr. Miller has agreed to these notifications. Conditions requiring these notifications are included. 2. All reasonable steps have been taken to minimize any adverse effect of the proposed building or use on the immediate vicinity through building design, site design, landscaping, and screening. The entire boundary of the project is set aside as an open space buffer (an equestrian trail). This design feature in combination with the notifications listed above will minimize the effects of this development on the area. \w ...." January 12, 2004 Page 7 Subject: Carlton Country Estates RZ-03-004 and PUD-03-003 3. The proposed building or use will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. C. ADEQUACY OF PUBLIC FACILITIES The proposed building or use complies with the standards of Chapter V, Adequate Public Facilities (St. Lucie County Land Development Code). The applicant is proposing a 24-lot subdivision on 151 acres in the AG-5 zoning district resulting in minimal demands on public facilities. The applicant has received confirmation that sufficient capacity is available to meet the demands of the proposed project. A previously approved MSBU (Municipal Services Benefit Unit) partially funded Ideal Holding Road. The developer is working with the County in order to insure that this project pays its fair share of that cost. D. ADEQUACY OF FIRE PROTECTION The applicant has obtained from the St. Lucie County - Fort Pierce Bureau of Fire Prevention written confirmation, or has otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. Written notification has been provided. E. ADEQUACY OF SCHOOL FACILITIES The proposed building or use will be served by adequate school facilities. F. ENVIRONMENTAL IMPACT For developments required to provide an environmental impact report under Section 11.02.09(A)(5), the proposed development will not contravene any applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc. (August, 1982). The property being proposed for development was previously cleared. There is no significant native vegetation located on the subject site. No significant adverse impacts on the natural environment are expected. ******************************* ~! ..""" January 12, 2004 Page 8 Subject: Carlton Country Estates RZ-03-004 and PUD-03-003 COMMENTS The applicant is requesting preliminary and final PUD (Planned Unit Development) approval and rezoning for a 151-acre tract of land, to construct a 24-lot residential subdivision. The proposed rezoning has been determined to not be in conflict with any applicable provision of the St. Lucie County Land Development Code. The application for Preliminary and Final 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. On April 3, 2003, the project was granted two variances by the Board of Adjustment. The first of these variances allowed for dead end streets longer than the 1000-foot maximum allowed by Section 7.01.03(E)(9) of the St. Lucie County Land Development Code. The second variance allowed less than 35% common open space in a Planned Unit Development as required in Section 7.01.03(1)(1). The required site plan, representing the preliminary and final development plan for the project known as Carlton Country Estates has been determined to be consistent with the development and design standards of the County's Land Development Code. This proposed change in zoning and the accompanying Planned Unit Development site plan is consistent with the existing and proposed uses within the area. Large lot subdivisions with agricultural amenities (such as the proposed riding trails for horses) are permitted in the Agricultural areas. The applicant has received confirmation that sufficient capacity is available to meet the demands of the proposed project. A previously approved MSBU (Municipal Services Benefit Unit) partially funded Ideal Holding Road. The developer is working with the County in order to insure that this project pays its fair share of that cost. The project anticipates using on site wells and septic tanks. Wells and septic tanks are permitted on 5 acre lots. The proposed development is expected to generate fewer that 240 daily trips. Ideal Holding and Okeechobee Roads have sufficient capacity to meet the demands of this project. The proposed development is not expected to negatively impact any of the surrounding public facilities. It is not anticipated that the Final PUD approval for Carlton Country Estates will have any negative impact on the value of this property or on any of the adjacent properties in this area. The surrounding area is vacant and/or used for pasture land. Nearby Agricultural uses have not objected to the proposal but have asked that prospective purchasers be informed of the proximity and nature of these uses. Aero Acres, a fly in subdivision is located nearby. Residents of Aero Acres have asked that prospective purchasers be notified of the proximity of this small airport. '-' -...I January 12, 2004 Page 9 Subject: Carlton Country Estates RZ-03-004 and PUD-03-003 Mr. Miller has agreed to these notifications. Conditions requiring these notifications are included. Attached for your review is Draft Resolution 04-008. This Resolution, if approved, would grant final site plan approval to Carlton Country Estates 24-unit single-family residential subdivision on 152 acres, subject to the following conditions. Prior to Final Plat approval for the development, the developer must pay, to the county, his fair share of the cost of the paving of Ideal Holding Road. Such payment shall be consistent with the existing Ideal Holding Road MSBU (Municipal Services Benefit Unit Notification of the proximity of Aero Acres, a fly in subdivision located approximately one-half mile away, shall be prominently placed in all advertising materials for Carlton Country Estates. Notification of the proximity and nature of agricultural uses shall be prominently placed in all advertising materials for Carlton Country Estates. Staff recommends approval of Draft Resolution 04-008. If you have any questions, please let us know. SUBMITTED: Dennis J. Murphy, AICP Community Development Director - DJM/dk H:lwp/projects/CarltonCountryEstates/agenda.doc cc: County Administrator County Attorney Public Works Director County Engineer Fire Marshall Environmental Resources Manager Joseph Miller - '-' ...., I 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 3$ 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 04-008 FILE NO.: RZ-03-004 & PUD-03-003 A RESOLUTION GRANTING A CHANGE IN ZONING FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA AND FOR PRELIMINARY AND FINAL DEVELOPMENT PLAN APPROVAL FOR A PROJECT KNOWN AS CARLTON COUNTRY ESTATES. 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. Joseph Miller, presented a petition for a Change in Zoning from AG-5 (Agricultural, - 1du/5ac) to PUD (Planned Unit Development) for certain property in St. Lucie County, Florida, the purpose of which is to receive Final Planned Unit Development approval for a 24-unit single-family subdivision on the east side of ideal Holding Road approximately. 75 acres south of Okeechobee Road. 2. On December 18, 2003, the St. Lucie County Planning and Zoning Commission held a public hearing, of which due public notice was published in the Ft. Pierce News Tribune and mailed to all property owners within 500 feet at least 15 days prior to the hearing, and recommended to this Board that the requested change in zoning from AG-5 (Agricultural, - 1 du/5ac) to PUD (Planned Unit Development), be granted. 3. On January 20, 2004, this Board held a public hearing on the petition of Joseph, after publishing a notice of such hearing in the Tribune and the Port St. Lucie News and notifying by mail all property owners within the Reserve Development. 4. The proposed zoning change is consistent with the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. SITE PLAN 5. On January 20, 2004, this Board held a public hearing on the petition of Joseph Miller for Preliminary and Final Planned Unit Development approval for Carlton Country Estates, after publishing a notice of such hearing in the Ft. Pierce Tribune and Port St. Lucie News and notifying by mail all owners of property within 500 feet of the subject property. File No.: RZ-03-004 and PUD-03-003 January 20,2004 Resolution 04-008 Page 1 - '-' ..".¡ I 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 6. The petitioner, Joseph Miller, is now seeking Preliminary and Final Planned Unit Development site plan approval for the project known as Carlton Country Estates. 7. The Development Review Committee has reviewed the Final 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 C of this Resolution. 8. The proposed project is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 9. 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. 10. 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. 11. 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. 12. The proposed project will be served by adequate public facilities and services. 13. The applicant has demonstrated that water supply, evacuation facilities and emergency access are satisfactory to provide adequate fire protection. 14. A Certificate of Capacity, a copy of which is attached to this Resolution, was granted by the Community Development Director on January 20, 2004. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: CHANGE IN ZONING A. The property on which the change in zoning from AG-5 (Agricultural - 1 du/5ac) to PUD (Planned Unit Development) is being granted is described as follows: DESCRIPTION: THE SOUTHWEST Y4 OF SECTION 11, TOWNSHIP 36 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, LESS RIGHT·OF·WAYS FOR CANAL NUMBERS 76 AND 77 OF THE NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT AND LESS THE RIGHT·OF·WAY OF IDEAL HOLDING ROAD. File No.: RZ-03-004 and PUD-03-003 January 20, 2004 Resolution 04-008 Page 2 I 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 \¡wi "wi (Location: East side of Ideal Holding Road approximately .75 miles south of Okeechobee Road A copy of this Resolution shall be attached to the site plan drawings described in Part C, which plan shall be placed on file with the St. Lucie County Community Development Director. SITE PLAN B. Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code, the Final Site Plan for the project to be known as Carlton Country Estates¡ be, and the same is hereby, approved as shown on the site plan drawings for the project prepared by Lindahl, Browning, Ferrari & Hellstrom, on July 16, 2003, last revised on October 9, 2003 and date stamped received by the St. Lucie County Community Development Director on October 9, 2003, subject to the following conditions: 1. Prior to Final Plat approval for the development, the developer must pay, to the county, his fair share of the cost of the paving of Ideal Holding Road. Such payment shall be consistent with the existing Ideal Holding Road MSBU (Municipal Services Benefit Unit). 2. Notification of the proximity of Aero Acres, a fly in subdivision located approximately one-half mile away, shall be prominently placed in all advertising materials for Carlton Country Estates. 3. Notification of the proximity and nature of agricultural uses shall be prominently placed in all advertising materials for Carlton Country Estates. C. The property on which this site plan approval is being granted is described in Part A. D. The approvals and authorizations granted by this Resolution for the purpose of obtaining building permits on this property, shall expire on January 20, 2006, unless the developer has obtained a Final Plat approval for the site plan/subdivision described in Part C or an extension has been granted in accordance with Section 11.06.06(B)(3), St. Lucie County Land Development Code. Unless otherwise addressed through the projects final construction plans, all primary infrastructure work for this subdivision plat shall be completed no later than January 20,2006. E. The Final Planned Unit Development Site Plan/General Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Joseph Miller, including any successors in interest, shall obtain all necessary development permits and construction authorizations form the Resolution 04-008 Page 3 File No.: RZ-03-004 and PUD-03-003 January 20, 2004 - - 'w" "WI I 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 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 A. F. The conditions set forth in Part C are an integral nonseverable part of the site plan approval granted by this Resolution. If any condition set forth in Section C 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. G. A copy of this Resolution shall be attached to the site plan drawings described in Part C, which plan shall be placed on file with the St. Lucie County Community Development Director. After motion and second, the vote on this resolution was as follows: Chairman Paula Lewis XXX Vice-Chairman John Bruhn XXX Commissioner Cliff Barnes XXX Commissioner Frannie Hutchinson XXX Commissioner Doug Coward XXX PASSED AND DULY ADOPTED this 20TH day of January 2004. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST APPROVED AS TO FORM AND CORRECTNESS File No.: RZ-03-004 and PUD-03-003 January 20, 2004 Resolution 04-008 Page 4 I 2 3 4 5 6 7 8 9 10 11 12 -..,,' - ...,,¡ Deputy Clerk Cs H:\CarltonCountry\Resolution File No.: RZ-03-004 and PUD-03-003 January 20, 2004 County Attorney Resolution 04-008 Page 5 ~ ,..." AGENDA ITEM 2: JOSEPH G. MILLER - FILE NO. RZ-03-004 I PUD-03-003: Mr. David Kelly, presenting Staff comments, stated that Agenda Item # 2 was the application of JOSEPH G. MILLER, for a Change in Zoning from the AG-5 (Agricultural - 1 du/ 5 acres) Zoning District to the PUD (Planned Unit Development) Zoning District for the project known as Carlton Country Estates. He continued that the request was for a 151 acre land tract to allow the construction of a 24 lot subdivision with roads, drainage, and equestrian trails for property located on the East side of Ideal Holding Road, approximately .75 miles south of Okeechobee Road. Mr. Kelly explained that on April 3, 2003, the project was granted two variances by the Board of Adjustment. The first of these variances allowed for dead end streets longer than the 1000-foot maximum allowed by Section 7.01.03(E)(9) of the St. Lucie County Land Development Code. The second variance allowed less than 35% common open space in a Planned Unit Development as required in Section 7.01.03(1)(1). He continued that the proposed development is expected to generate fewer than 240 daily trips. He advised that Carlton and Okeechobee Roads have sufficient capacity to meet the demands of the project. . Staff has determined that the proposed zoning designation and the Preliminary and Final Planned Unit Development 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 Board of County Commissioners with a recommendation of approval subject to the following conditions: 1. Prior to final Board of County Commissioners' approval of the request rezoning, the developer shall agree to payment of his fair share of the improvements to Carlton Road currently paid for by the MSBU. 2. Notice shall be given to aU original buyers in Carlton Country Estates of the existence of the Aero Acres subdivision and its associated accessory uses. Mr. Hearn stated that he was very concerned about agriculture exemption abuse and wanted to verify how the applicants "fair share" was determined. Mr. Kelly stated that it is determined through the MSBU documents that the applicant is negotiating. Ms. Hammer stated that since the runways from Aero Acres are so close was the applicant going to inform buyers about this at the time of the sale agreement or waiting until the closing. Mr. Kelly stated that he believed the applicant would notify buyers early on in the process. Mr. Grande questioned if the Board of the Adjustment had the authority to grant an open space variance for this project. Mr. Kelly stated that the Board of Adjustment continued their meeting when they received the application so that they could confer with the County legal staff about this. The County Attorney's office did confirm that the Board of Adjustment did have the authority to grant such a variance. P & Z ILPA Meeting December 18, 2003 Page 4 '-" ~ Mr. Grande questioned if the applicant discussed connecting to Hammock Lane, or did they prefer having the restricted access. Mr. Kelly confirmed that they preferred the restricted access. Mr. Joseph Miller, 1102 North Rock Road, stated that he was the agent for this project. He continued that he did not feel Hammock Lane would want an increase in traffic on their streets, so he made the decision to have dead end streets. He stated that the main reason was that this would reduce traffic making it safer for any families with young children playing in the street. He advised that they are notifying potential buyers in advance about the airplane noise from Aero Acres so that they don't buy if they have a problem with that type of noise. He also stated that they are planning on adding it to their deed restrictions in the future. He continued that other deed restrictions would be no mobile homes or commercial activity. He stated that there would not be any greenbelt exemptions on these properties because they are only about 4 1/2 acres. Mr. Lounds questioned if the common area would be the horse trails and center strip of land. He also questioned if there would be deed restrictions on the size of the homes. Mr. Miller stated that the deed restrictions were not complete yet, but that some of the proposed restrictions would be a minimum living area of 2400 square foot, garage doors would not face the road, there would have to be fencing, and no pole bams. Mr. Hearn questioned the price range of the homes. Mr. Miller stated they would range from approximately $129,000 to $149,000, per parcel. Ms. Hammer stated it was refreshing to see a developer wanting to do one unit to six acres, instead of five units to one acre. Mr. Miller stated that he felt it was needed in the area because people want country living and willing to pay their fair share to get it. Chairman McCurdy opened the public hearing. Ms. Ann Norvelle stated that she was the ranch manager for Mary Carlton Ranch and wanted to be sure that they also tell their perspective buyers about the noise from weaning the calves at their ranch. Mr. Miller stated that he would be sure to tell anyone considering buying that there is a ranch close by with the associated sounds. Mr. Randy Barry stated that he lives on Tranquility Drive in Aero Acres and that Mr. Miller did work with them to make sure that the disclosure of Aero Acres was in their covenant. Mr. Clyde Suite stated he lives at 18501 Tranquility Drive and he questioned the payback process associated with the MSBU. He continued that he was told that anyone who paid in full up front would not be receiving a payback. Mr. Kelly stated that he did not know anything about the terms of the MSBU and that he would have Mr. Miller check on it prior to the Board of County Commissioners meeting. Seeing no one else, Chairman McCurdy closed the public hearing. Mr. Lounds stated that this project shows what can happen when a developer decides to think outside of the normal box. He continued that this is a great plan and it was refreshing to see a developer discuss the plan with the neighbors before bringing to them. P & Z I LPA Meeting December 18, 2003 P~ge 5 .'-' ...., Mr. Lounds stated that 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 Joseph G. Miller for Preliminary and Final Planned Unit Development approval for the project known as Carlton Country Estates, and for a Change in Zoning from the AG-l (Agricultural - 1 du/acre) Zoning District to the PUD (Planned Unit Development - Carlton Country Estates) Zoning District because of all of his previous statements and because this project is a prime example of good development of agricultural land and opens the area for development. Motion seconded by Mr. Hearn. Upon a roll call vote the motion was approved unanimously (with a vote of 7-0) and forwarded to the Board of County Commissioners with a recommendation of approval. P & Z ILPA Meeting December 18, 2003 Page 6 '-' ..." BOARD OF COUNTY COMMISSIONERS COMMUNITY DEVELOPMENT DIRECTOR January 9, 2004 In accordance with the St. Lucie County Land Development Code, you are hereby advised that JOSEPH G. MILLER has petitioned St. Lucie County for a Change in Zoning from the AG-5 (Agricultural- 1 duJ 5 acres) Zoning District to the PUD (Planned Unit Development - Carlton Country Estates) Zoning District for the following described property: Location: East side of Ideal Holding Road, approximately .75 mile south of Okeechobee Road. THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE 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 20, 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 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 County Commission are electronically recorded. If a person decides to appeal any decision made by the County 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 parcel, please forward this notice to the new owner. Please call (772) 462-1586 if you have any questions, and refer to: File Number RZ-03-004/PUD-03-003. Sincerely, ST. LUCIE COUNTY BOARD OF COMMISSIONERS ~~.~/ts1~ JOHN D. ßRUHN, Disrricr No.1· DOUG COWARD, Disrricr No.2· PAULA A. LEWIS, Disrricr No.:} . FRANNIE HUTCHINSON, Disrricr No.4. CLIFF ßARNES, Disrricr No.5 Counry Adminisrraror - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 · Planning: (772) 462-2822 · GISlfechnical 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 Planning and Zoning Commission Planning Manager -~ December 11, 2001 '-' ~ COUNTY ."¿'_. FLORIDA~ == TO: FROM: DATE: ...., PLANNING & ZONING COMMISSION REVIEW: 12/18/03 COMMUNITY DEVELOPMENT DEPARTMENT (Planning Division> MEMORANDUM Application of Joseph Miller, for a Planned Unit Development approval for the Project Known as Car/ton County Estates, and for a Change in Zoning from the AG-5 (Agriculture 1 dwelling unit /5 acres) zoning district to the PUD (Planned Unit Development - Carlton Country Estates) Zoning District for a 151 acre land tract to allow the construction of a 24 lot subdivision with roads, drainage, and equestrian trails. SUBJECT: LOCATION: ZONING DESIGNATION: PROPOSED ZONING LAND USE DESIGNATION: PARCEL SIZE: PROPOSED USE: SURROUNDING ZONING: SURROUNDING LAND USES: FIRE/EMS PROTECTION: UTILITY SERVICE: East side of Ideal Holding Road approximately .75 acres south of Okeechobee Road AG-5 (Agriculture 1 dwelling unit / 5 acres) PUD (Planned Unit Development - Carlton Country Estates) AG-5 (Agriculture 1 dwelling unit /5 acres) 151.8 acres A 24 lot subdivision with roads, drainage, and equestrian trails. AG-5 (Agriculture 1 dwelling unit / 5 acres) to the north, south, east and west AG-5 (Agriculture 1 dwelling unit / 5 acres) to the north, south, east and west Station #11 3501 Shinn Road located approximately 6 miles to the northeast. Well and Septic tanks ~ ..." December 11, 2003 Page 2 Carlton Country Estates File No.: RZ-03-004 and PUD-03-003 TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: Ideal Holding Road has a right-of-way width of 100 feet. SCHEDULED IMPROVEMENTS: None 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 preliminary and final PUD (Planned Unit Development) approval for a 151-acre tract of land, to construct a 24-lot residential subdivision. The proposed rezoning has been determined to not be in conflict with any applicable provision 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. On April 3, 2003, the project was granted two variances by the Board of Adjustment. The first of these variances allowed for dead end streets longer than the 1 ODD-foot maximum allowed by Section 7.01.03(E)(9) of the St. Lucie County Land Development Code. The second variance allowed less than 35% common open space in a Planned Unit Development as required in Section 7.01.03(1)(1). 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 - The development proposal allows for 24 lots on 151 acres, a density of 1 home per 6.29 acres. This density is consistent with the maximum density permitted within the AG-5 (1 du/5 acres) Comprehensive Plan designation. Policy 1.1.2.1 - The density does not exceed that allowed by the Comprehensive Plan. - \...f ...",; December 11, 2003 Page 3 Carlton Country Estates File No.: RZ-03-004 and PUD-03-003 Policy 1.1.2.2 - The proposed petition is being processed as a Planned Unit Development as required. Policy 1.1.2.3 - The project provides in excess of 80% open space (81.64%) as required. Policy 1.1.2.6 - Perimeter buffers have been provided. 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. Large lot subdivisions with agricultural amenities (such as the proposed riding trails for horses) are considered consistent in the Agricultural areas. 4. Whether there have been changed conditions that require an amendment; There are no changes that would require an amendment. 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 24-lot subdivision on 151 acres in the AG-5 zoning district resulting in minimal demands on public facilities. The applicant has received confirmation that sufficient capacity is available to meet the demands of the proposed project. A previously approved MSBU (Municipal Services Benefit Unit) partially funded Carlton Road. The developer is working with the County in order to insure that this project pays its fair share of that cost. The project anticipates using onsite wells and septic tanks. The proposed development is expected to generate fewer that 240 daily trips. Carlton and Okeechobee Roads have sufficient capacity to meet the demands of this project. As part of the site planning process, the applicant's were notified that the proposed access roadways exceeded the maximum 1,000 feet in length. In order to develop the parcel, the applicant petitioned the St. Lucie County Board of Adjustment (BOA) for a variance to Section 7.05.02(A)(9), to allow internal roadways that exceed 1,000 feet in length. The BOA unanimously approved the variance request. The proposed development is not expected to negatively impact any of the surrounding public facilities. '-, '-' ...., December 11, 2003 Page 4 Carlton Country Estates File No.: RZ-03-004 and PUD-03-003 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The property being proposed for development was previously cleared. There is no significant native vegetation located on the subject site. No significant adverse impacts on the natural environment are expected. 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 an AG-5 (Agriculture 1 dwelling unit I 5 acres) Future Land Use Map designation that permits the development of a large lot Planned Unit Development with agricultural amenities. The proposed development is not in conflict with adjacent land uses. Aero Acres a subdivision with accessory runways for private aircraft is within one-half mile of this project. No conflict between the uses is expected. The developer has agreed to notify buyers of the existence of this use. 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, Joseph Miller, is seeking approval for preliminary and final PUD (Planned Unit Development) approval for the project to be known as Carlton Country Estates and rezoning to PUD - Carlton Country Estates to permit the development of a 24 lot subdivision on a 151-acre parcel of land located on the east side of Ideal Holding Road approximately .75 acres south of Okeechobee Road. Staff has determined that the proposed zoning designation and the Preliminary and Final Planned Unit Development 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 Board of County Commissioners with a recommendation of approval subject to the following conditions: 1. Prior to final Board of County Commissioner's approval of the requested rezoning, the developer shall agree to payment of his fair share of the improvements to Carlton Road currently paid for by the MSBU. \.,r ...., December 11, 2003 Page 5 Carlton Country Estates File No.: RZ-03-004 and PUD-03-003 2. Notice shall be given to all original buyers in Carlton County Estates of the existence of the Aero Acres subdivision and its associated accessory uses. Please contact this office if you have any questions on this matter. Attachment dk cc: Joseph Miller Barington Brown, LBFH File ~ ...." December 11, 2003 Page 6 Carlton Country Estates File No.: RZ-03-004 and PUD-03-003 Suggested motion to recommend approval/denial of this requested conditional use. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF JOSEPH MILLER, FOR PRELIMINARY AND FINAL PLANNED NON-RESIDENTIAL DEVELOPMENT APPROVAL FOR THE PROJECT KNOWN AS CARLTON COUNTRY ESTSATES, AND FOR A CHANGE IN ZONING FROM THE AG-1 (AGRICULTURE 1 DWELLING I 5 ACRES) ZONING DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT - CARLTON COUNTRY ESTSATES) 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 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF JOSEPH MILLER, FOR PRELIMINARY AND FINAL PLANNED NON-RESIDENTIAL DEVELOPMENT APPROVAL FOR THE PROJECT KNOWN AS CARLTON COUNTRY ESTSATES, AND FOR A CHANGE IN ZONING FROM THE AG-1 (AGRICULTURE 1 DWELLING I 5 ACRES) ZONING DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT - CARLTON COUNTRY ESTSATES) ZONING DISTRICT, BECAUSE... [CITE REASON(S} WHY - PLEASE BE SPECIFIC] , ~I I ...; I I I I CA~LTON COUNTRY ESTATES , 151.837 TOTAL ACRES PHASE I - ~- 100 0 100 200 ~..I._~ 1IC.u.c .- -100' i ~ _ ~C}I~):!~ . ~ I H :' ~ ! . . ~ J \ COIADI ...... 6: STOIW W.to X 5OO'OO'2n W7.or I I ~~ bf: ~ ~.Ucl , ~ t.o¡~ .... [ I ~:~ II~ I ~~ I r; I w:~ I AI ... ",:10: ~~ ~U ~/4 Sl::CUON cæHER f ~ ~ ! ~ ~ s 8 f X (U~)=·~o.OZ'W1 I~I~ II I!<I~ I~II I ~! I I I I HIDDEN ACRES PLAT BOOK 17, PAGE 6 U..TS ~ PRCIPtRn UNWI IoI'PUCA 1ION . , h' '" !à1 I ;:~ ~:~ I .:þf ,\ ",~. *:,_c~~_~:,,__ I I f c 200J UIfH .... 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PM.Ur I WU . TIC aou'KU" YOST ACCESS ItOADWAY AMII' AU. 01 11C 1T0IW.ua NWTIUCTUU AUOCIA1ID WIIN THr I'HASt I. fIKU( I WILL KOIH CONSTllUCIICfiI PÞDlNO AU. 'UIU4L. ITAft. AMO LOCA.L APHOVAU - nu IS ts1w.1'QIi AI '....... aøo¡. COtISTIUC'1ON IS NmCIPAJtD TO 1.u:E 1-4 IIGtmfS. IT IS ANTICI'An:o tHAT PHASe a WI.I. ICI' CCM«JCt: UIIIL PHASI: I MAl IEÞI Da'D..OfU AHD A POInDtiI or 11C LOTS SOI.D. TNIS IS nnw,,,,u AS 'AU. or lOCI4. SURVEY: ......- TM[ SOUTHWEST 1/4 01 SRTION II. TOWNSM. .JI sounc. IAHC( .. PST, n. WCII COUNTY, I'L.OIIGA. L1$S IGIT-or...w...ys FOI CAN.t.L HINIUS 7' AND 77 or I'Ht MOmI 11'. wee IMI WA'ftI COH11lO&. DISTIIC1 AND uss nc tIGtIT-or-WAY or IDEAL HClUMNO ...... NOTE: AU. IGf.DWAø. DIIJNAG£, AND COtaIOtt AltAI ..... It CIWO AMI) M41NToUtCD 1'1' _ bit NOI'VITY OIWNUS UIOQAI1QI¡ . 40' Dffr srORW WAtDt ~ AREA - !¡ SECTION C-C ..U. SECTION D- D N.t.. SECTION E- E N.T.s. G CIVIL ENGINEERS. ORS " IW'PERS .... J'o1' Ruulls. . /J ¡ Dn'gn" ?lore" Florida 34850 4ð~-I22~ www.Ibth.com CONCEPTUAL ENGINEERING PLAN AND P.U,D. REZONING DEVELOPMENT PLAN 5LOPC 4:1~ 1Ø~_._ .IlTWAV SECTION A-A rm:rü.Jj~rr;~ ;,' -, J}, i 6 ~i.G ¡J;: ;'-1 ,.~~,~: _'::~~'~~21~:::J ..,... "'" soo ........ _ t g *ZJ.I' J..(?( . ~oII" if.ë¡j RhUG. P.E. No.. 910 JUL 2!iJ LOth. Ino. :-"0. 959 3S!"O S.W. Cor~ I'a(o ?al':cwsy ;oBln> City. L 3''*'0 ~ i:2O..!_ s SECTION B-B In.$. CARLTON COUNTRY ESTATES ...... I'IQ. [CT .... 02-0235 SHEET 1 ". -" --~.. - .... . ," ". ~ <.... '" ST. LUCIE COtINTY 0202Jal'Ui01 -8..... - - ~ .""" Section 3.01.03 Zoning District Use Regulations C. AG-5 AGRICULTURAL - 5 1 . Purpose The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one dwelling unit per five (5) gross acres. 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. Agricultural production - crops (01) b. Agricultural production - livestock & animal specialties (02) c. Agricultural services (07) d. Family day care homes. (999) e. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or 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) f. Fishing, hunting & trapping (09) g. Forestry (08) h. Kennels. (0752) i. Research Facilities, Noncommercial (8733) j. Riding stables. (7999) k. Single-family detached dwellings. (999) j. Telecommunication towers - subject to the standards of Section 7.10.23 (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. 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. Agricultural labor housing. (999) b. Aircraft storage and equipment maintenance. (4581) Adopted August 1, 1990 98 Revised Through 08101/00 - - ~ ~ Section 3.01.03 Zoning District Use Regulations c. d. Airports and flying, landing, and take-off fields. (4581) Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) Farm products warehousing and storage. (4221/4222) Gasoline service stations. (5541) Industrial wastewater disposal. (999) Manufacturing: (1) Agricultural chemicals (287) (2) Food & kindred products (20) (3) Lumber & wood products, except furniture (24) Mining and quarrying of nonmetallic minerals, except fuels (14) Retail trade: (1) Farm equipment and related accessories (999) (2) Apparel & accessory stores (56) Sewage disposal subject to the requirements of Section 7.10.13 (999) Camps - sporting and recreational (7032) Off-Road Vehicle Parks, except go-cart raceway operation or rentals (7999), subject to the requirements of Section 7.10.21 (999) Outdoor shooting ranges, providing site plan approval is obtained according to the provisions of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of this Code. ( e. f. g. h. i. j. k. I. m. n. 8. Accessory Uses: Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. b. c. Adopted August 1, 1990 ( Mobile homes subject to the requirements of Section 7.10.05. Retail trade and wholesale trade - subordinate to the primary authorized use or activity. Guest house subject to the requirements of Section 7.10.04. (999) 99 Revised Through 08101/00 ~ ..",; 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. aI/ow 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 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-5); Residential/Conservation in the Agricultural-1 (AG-1); Agricultural-2.5 (AG-2.5); Agricultural-5 -(AG-5); Residential/Conservation (Re); Residential, Estate-1 (RE-1); Residential, Estate-2 (RE-2); .Residential, Single-Family-2 (RS-2); Residential, - Single-Family-3 (RS-3); Residential, Single-Familÿ-4 (RS-4); Residèntial, 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). Adopted August 1, 1990 375 Revised Through 08101/00 \,.r '" 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 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 i§J six (6") inches. Actual water main requirements will be determined by the St. Lucie County- Ft. Pierce Fire Prevention Bureau. 3. The minimum size of all water mains used, or intended for use, in fire protection activities, that are located on a dead-end water main is eight (8") inches. Actual water main requirements will be determined by the St. Lucie County-Ft. Pierce Fire Prevention Bureau. Adopted August 1, 1990 376 Revised Through 08101/00 ~ ...", 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 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 hazards or congestion on any street. 5. Streets in a Planned Unit Development may be dedicated to public use or retained under private ownership. Said streets and associated improvements shall comply with all pertinent County regulations and ordinances, however, variations to the standard minimum right-of- way widths may be considered as part of the Planned Unit Development if it is shown to the satisfaction of the Board of County Commissioners, that the requested variation is consistent with the intent of the County's roadway construction standards and necessary for the design of the Planned Unit Development. 6. All roads and streets shall intersect at an approximate ±5° angle of ninety 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 Adopted August 1, 1990 377 Revised Through 08101/00 '-' ~ 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 not less than seventeen (17) feet, unless otherwise approved through the review of the Planned Unit Development. 10. All roadways, exclusive of interior parking and access aisles areas, regardless of ownership, shall be located a minimum of ten (10) feet from any exterior building walls, except for security gate houses or similar security structures located in a private street or road right-of- way. 11. Any pedestrian circulation system and its related walkways shall be insulated from the vehicular street system. This shall include, when deemed to be necessary by the Board of County Commissioners, pedestrian underpasses or overpasses in the vicinity of playgrounds and other recreation areas, local shopping areas, and other neighborhood uses which generate a considerable amount of pedestrian traffic. 12. Access points on all collector or arterial streets serving a Planned Unit Development shall be located and spaced so that traffic moving into and out of the arterial streets do not cause traffic congestion. 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. Adopted August 1, 1990 378 Revised Through 08/01/00 '-' '-tII 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 Pla!1ned 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. 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. Adopted August 1, 1990 379 Revised Through 08/01/00 '-'" ....., 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 perc~nt 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: 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 PI~nned 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 lañd identified for use as a park or commQn open space shall be less than one {1} contiguous acre.- and a!f such areas sh~1I be physically part of the Plånned Unit Devel- opment. 3. 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 Adopted A~gust 1, 1990 380 Revised Through 08101/00 \w- ...., 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 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 çfeveloped 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 s~bject to the requirements in Section 1 ~ .02.05. Adopted August 1, 1990 381 Revised Through 08101/00 \w- ..., ~ Q) .- ~('f) ~ . 00 (9 00 I I ..c ('f)('f) 00 0... Q) NO ~ en 0 a::J () J a... \ t:. , I I 101 :; 0: ~ Z :J 0 Ü -- a: ~ II a: ! 101 I II! )O!I ;! .. I 0: I: z < _ CIDIS ¡s ~ .,.) -.:I ..... z r:.'.."" ! ~. J i .~~ II ~ I ' _..,...... 101 :; ~ Z :J o Ü 101 Z ¡::: Ii!! a: < II: ::2: C ..f-JO 0'- ! Q)..f-J . --. ro I 0° ~o o....--.J 101 ... ... II: S lot 1 S !is: 1 S 9£ 1 3380H~33>10 JJ.Nno~ , " Zoning C..J ~ '-' Joseph G. Miller AG 5 , . c-:. , [11 <-- -' II · C }-.....) , 251 · A , , , . 1 . ID o AG 5 5Þ.t~~~ f Map prepared December 3. 2003 ,*1Np'-~~bSlJlftlAlpr.rrilg_"""~«¥ N .. ..-¡ ....... .. ...,. tD ...... .. InDII CUNI'C'" ..... NatmIIIon ~III naI~ Iar-... tIgIIy ~ cIIacunR. Joseph G. Miller RZ 03-004 & PUD 03-0CJ3 ~ This pattern indicates subject parcel Map prepared Deœmber 3, 2003 nu rtwp hM. been comp&«j b'~pIInW)g Wid ~ ~ r:ri1. N WhJIt fNfIf'J 8fh:jrttw bun I'NiÒ8IQ ~ ....tn()IIÌ;o.mrirm ~ ~ ~.* 1'IOt~ lot-UN" aleg¡illy t:índìr'Q dtnmrrt '-' ~ A Petition of Joseph G, Miller for a Change in Zoning from the AG-5 (Agricultural- 1 dLY5 acres) Zoning District to the PUD (Planned Unit Development-Carlton Country Estates) Zoning District. l..J RZ 03-004 & PUD 03-003 ~ This pattern indicates subject parcel . .. J [1' {'"J B }-....) . , . , . . . A , . , . . . D o ~4~~~ <¡Ji , ~ Map prepared December 3. 2003 ~ InIIp ~ bMn ~ bgllWllp/llri'lg Md..... ~ CIriy. N Wt'iJI I -.y ....... bMn n.s. tD pVII4dI .. mall: CUIWt Iftd ..... ~ .......... net...... tar.... ~ I:*õ1Q: docI.rNrC. Land Use C.J '-' -.",,; Joseph G. Miller AG 5 . .--: · [15 (-. -' II . C )0.....) 6 5 . A , . , . 5 . D o AG 5 RZ 03-004 & PUD 03-003 ~ This pattern indicates subject parcel ~4~,~~ Map prepared December 3. 2003 f TNilInIp NI ..... ....... Iar glAnllJIIenI*'a - ...... ~ rn,. N .... ..-y -'bt... ..... .... tø pWdI .. _CUtftn .,.,.... HQrnIIIgnpollllle,l..nat~ 1Dt....~~ dI:IcI..Imn. '-' ...., ~ COUNTy..... FLORIDA ===== AGENDA - PLANNING & ZONING COMMISSION December 18,2003 7:00 P.M. JOSEPH G. MILLER, has petitioned St. Lucie County for a Change in Zoning from the AG- 5 (Agricultural- 1 du/ 5 acres) Zoning District to the PUD (Planned Unit Development - Carlton Country Estates) Zoning Districtfor the following described property: Location: East side of Ideal Holding Road, approximately .75 mile south of Okeechobee Road. Please note that all proceedings before the Planning and Zoning CommissionILocal Planning Agency are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission/Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, 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. 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. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners December 3, 2003. Legal notice was published in The News and The Tribune, newspapers of general circulation in St. Lucie County, on December 5, 2003. File No. RZ-03-004 / PUD-03-003 '-' ~ BOARD OF COUNTY COMMISSIONERS December 5,2003 COMMUNITY DEVELOPMENT DIRECTOR In accordance with the St. Lucie County Land Development Code, you are hereby advised that Joseph G. Miller has petitioned St. Lucie County for a Change in Zoning from the AG-5 (Agricultural - 1 duJ 5 acres) Zoning District to the PUD (Planned Unit Development - Carlton Country Estates) Zoning District for the following described property: Location: East side of Ideal Holding Road, approximately .75 mile south of Okeechobee Road. THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The ftrst public hearing on the petition will be held oJ 7:00 P.M., or as soon thereafter as possible, on December 18, 2003, 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. Written comments to the Planning and Zoning Commission should be received by the County Planning Division 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-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) 462-1585 if you have any questions, and refer to: File Number RZ-03-004/PUD-03-003. Sincerely, W~A~NINGCOMMISSION Ed Merritt, Chairman I JOHN D. BRUHN. District NO.1· DOUG COWARD. District No.2· PAULA A. LEWIS, District No. J . FRANNIE HUTCHINSON, District No.4. CLIFF BARNES, 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 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 ...; 0108 .......'WI ,; ST. LUCIE. COUNTY PlANNING AND ZON- ING COMMISSION >- PUBliC HEARING :- . AGENDA T ~ DeoamberI8.2003 ).¡ TO WHOM IT MAY CON- I, CERN: : ~~T~;c~r~.~e:Ythg~:c~ . I tion 11.00.03 01 the St. õ. Lucie County Land De- velopment Code end In accordance with the pro- visions 01 the SI. Lucie County Comprehenstv8 Plan. that the following applicants have request- ed that the St. Lucie County Board of Com· missioners consider their following requests: JOSEPH G. MILLER, for e Change In Zoning from the AG-5 (Agricultural- Òi~~:i:t e;~e~~:0~~8 (Planned Unit Develop- ment - Carlton Country Estates) Zoning ·District for the following de' scribed property: BEING THE SOUTH WEST 114 OF SECTION 11. TOWNSHIP 36 SOUTH, RANGE 38 EAST. ST. LUCIE COUN- TY, FLORIOA, LESS RIGHTS·OF-WAY FOR CANAL NUMBERS 76 AND 77 OF THE NORTH ST. LUCIE RIVER WA- TER CONTRDL DIS- TRICT AND LESS THE RIGHT-OF-WAY OF IDEAL HOLDING ROAD. Location:East sid a of Ideal Holding Road, ap- proximatelö 0.75 mile ~~~~h of keechobea I PALMS AND TROPICAL TREES DEPOT, INC., for a Change In Zoning I~:;, ~h1e d~~~~e!Al;~f~g District to the IL (Industr- ial. Light) Zoninq District for the following de- scribeef property: 2 35 39 N 112 OF NE 114 OF SE 114 - LESS E 39 FT FOR RD AND CANAL RSIW - (20.41 AC) (OR 336-2782) Location:West side of Kings Highway. approxl· mately 1700 laet north , of the intersection of ( Kings Highway and 1-95. immediately south of F Kraft Gardens. PUBLIC HEARINGS will : be hald in the Commis- - sion Chambers. Roger Poitras Annex. 3rd Floor. 51. Lucie County Admin- istration Building. 2300 Virginia Avenue, Fort Pierce. Florida on De- camber 18, 2003. begin- ning at 7:00 P.M. or as soon thereafter as possi- ble. PURSUANT TO Section 286.0105, Florida Stat- utes, if . person decides to appeal any decision made by a board. agen· cy, or commission with respect to any matter consickred B.t . meeting or hearing. ha will need rn~~;~do:h~~ r;:'":~ purposes, he may need to enlure that I verba- tim record of the pro- ceedings is made. which record includes the testi- mony end evidence upon which the appeal is to be based. . LOCAL PLANNING : AGENCYI PLANNING 1 ANO ZONING COMMIS- . SION ST, LUCIE COUNTY. FLORIDA ISI Ed Marrill. Chairman ~ Publish: December S. i~~··· Eß r NOTICE OF INTENT TO USE UNIFORM METHOD OF COLLECT· ING NON-AD VALOREM ASSESSMENTS _. 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V3~ a3SOdO~ aos ~ lN3tUOVNvv. ~31VM t'C~OlS ~O .Ot v ~ To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: 00 APPROVED o OTHER ...., Agenda Request Item Number Date: Consent Regular Public Hearing. Leg. [ ] Board of County Commissioners Community Development 5-& 01/20/04 [ ] [ ] [ x ] Quasi-JD [ x ] Consider the petition of Roger Medema for ·a12-month extension fro the date of expiration contained within Resolution 02-025, Preliminary Planned Development Site Plan Approval for the project known as Palm Breezes Club - PUD for property located on the north side of Orange Avenue, approximately 1,800 feet east of the Florida Turnpike _ Draft Resolution 04-007. Petition of Roger Medema to consider Draft Resolution 04-007, which would grant a 12- month extension of the Palm Breezes Club Preliminary Planned Development Site Plan. Without such an extension, the site plan will expire. The reason cited for the extension is that developer of the project has been working to finalize the Final PUD for the project. N/A On January 15, 2002, the Board of County Commissioners, through Resolution 02- 025, granted Preliminary Planned Development Site Plan approval for the project known as Palm Breezes Club. On November 25, 2001, the Planning and Zoning Commission recommended approval of the Preliminary PUD. Staff recommends approval of Draft Resolution 04-007 for a 12-month extension of the . Palm Breezes Club Planned Development Site Plan approval. D DENIED Approved 5-0 Douglas M. Anderson COunty Administrator County Attomey Originating Dept.: Finance: JQ/ Coordination! Signatures Mg!. & Budget: Other: Purchasing: Other: \w' ~ COUNTY ~ ~ - '"""" Commission Review: January 20, 2004 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Community Development Director DATE: January 14,2004 SUBJECT: Application of Roger Medema for a 12-month extension of the Preliminary Planned Development Site Plan approval for the Project to Be Known as Palm Breezes Club. LOCATION: North side of Orange Avenue, approximately 1,800 feet east of the Florida Turnpike. EXISTING ZONING: PUD (Planned Unit Development - Palm Breezes Club) and AR-1 (Agricultural, Residential- 1 du/acre) PROPOSED ZONING: LAND USE DESIGNATION: PARCEL SIZE: PROPOSED USE: PROPOSED DENSITY: SURROUNDING ZONING: SURROUNDING LAND USES: PUD (Planned Unit Development - Palm Breezes Club) RU (Residential Urban) 151.62 Acres 646 Single Family Lots. The proposed development plan also reserves 4 acres for development as a neighborhood commercial site consistent with the provisions of Section 7.01.02 of the St. Lucie County Land Development Code. 4.26 du/acre AG-1 (Agricultural-1 du/acre) to the north and west, AR-1 (Agricultural, Residential - 1 du/acre) to the east, south, and west. I (Institutional) to the northeast and southwest. RS-2 (Residential, Single-Family 2 du/acre) and CN (Commercial, Neighborhood) to the south. The general existing use surrounding the property is vacant, agricultural, and some residential. The future Land Use Classification of the immediate surrounding area is RU (Residential Urban) to the east, ~ ....,I January 20,2004 Page 2 Subject: Roger Medema File No.: RZ-01-016 COMMENTS south, and west. RS (Residential Suburban) to the north. RE (Residential, Estate) to the west. The subject property is the location of a project previously approved in 1988 by the County Commission for the construction of a 600-unit mobile home park with a 4-acre commercial section near the front entrance. These approvals were granted through Resolutions 88-280, 89- 322, and 90-330. These approvals. expired with no building permits hàving been applied for or issued. In 1997, the Board of County Commissioners granted preliminary approval for a 646-unit mobile home park. In 1998, the Board of County Commissioners granted, through Resolution 98-144, Final Planned Development Site Plan Approval for Phase I of 352 units of the project. On July 18, 2000, the Board of County Commissioners denied a request for a 12-month extension of the site plan approval, which then expired on July 21, 2000. On January 15, 2002, the Board of County Commissioners granted, through Resolution 02-025, Preliminary Planned Unit Development Site Plan approval for the project known as Palm Breezes Club. The developer of Palm Breezes Club has submitted a petition for a 12-month extension of the Preliminary Planned Unit Development site plan approval for 646 conventionally constructed units on 151.62 acres of property located on the north side of Orange Avenue, adjacent to the Florida Turnpike. The subject property is currently vacant. The developer of the project is requesting a 12-month extension in order to finalize the Final PUD for the project. The Final PUD has been submitted and is being reviewed by staff. 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 approval of Draft Resolution 04-007. If you have any questions, please let me know. SUBMITTED: Richard M. Ladyko, P.E. Robert N. Klein, Esquire Roger Medema County Administrator County Attorney Public Works Director 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 \w' ..., RESOLUTION 04-007 FILE NO.: FILE NO: PUD-04-o01IBCC-oO-o05/RZ-97-o04/SP-9S-o21I BCC-9S-007 A RESOLUTION GRANTING A 12-MONTH EXTENSION FROM THE DATE OF EXPIRATION FOR PRELIMINARY PLANNED DEVELOPMENT SITE PLAN APPROVAL FOR THE PROJECT KNOWN AS PALM BREEZES CLUB - PLANNED UNIT DEVELOPMENT 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. Roqer Medema, presented a petition for a 12-month extension from the date of expiration for Preliminary Planned Development Site Plan Approval for the project known as Palm Breezes Club - Planned Unit Development located on property on the north side of Orange Avenue, approximately 1,800 feet east of the Florida Turnpike. 2. On January 15, 2002, this Board held a public hearing and voted to grant, through Resolution 02-025, Preliminary Planned Development Site Plan Approval for the project to be known as Palm Breezes Club - Planned Unit Development. 3. The date of expiration for Resolution 02-025 is January 15, 2004. 4. This Board held a public hearing on January 20, 2004, 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The single-family residential development to be known as Palm Breezes Club - Planned Unit Development is hereby granted a 12-month extension to January 15, 2005. B. All the terms, findings, and conditions otherwise cited in Resolution 02-025, approved on January 15, 2002, are hereby incorporated by reference in Resolution 04-007. File No.: PUD-04-001 January 20, 2004 Resolution 04-007 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 '-' 'WI C. The St. Lucie County Community Development Director, the St. Lucie County Public Works Director, the Ft. Pierce Utilities Authority Director, and the St. Lucie County Leisure Services Director are hereby authorized to amend all public records on file in their respective offices to reflect the new date of expiration. All other affected parties are authorized to make the necessary changes to recognize this new date of expiration. D. A copy of this resolution shall be retained in the petition file with the St. Lucie County Community Development Director. After motion and second, the vote on this resolution was as follows: Chairman Paula A. Lewis xxx Vice-Chairman John D. Bruhn xxx Commissioner Frannie Hutchinson xxx Commissioner Doug Coward xxx Commissioner Cliff Barnes xxx PASSED AND DULY ADOPTED this 20th Day of January 2004. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney hf H:\WP\RESOLUTI.N\FINISHED.2004\PalmBreezesClub.PD\PalmBreezesClubRES.wpd File No.: PUD-04-001 January 20, 2004 Resolution 04-007 Page 2 ~ -.." .." Agenda Request Item Number: Meeting Date: b Jan 20, 2004 Consent Regular Public Hearing Leg. [ ] [ ] [ x ] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners Community Development BACKGROUND: uemmpnity Dev lop nt Director Florida Strategic Intermodal (SIS) System - consider-etáff'recommendation at the Board authorize staff to prepare a formal Resolution of objection to the current draft f the Florida Strategic Intermodal (SIS) System and that the SIS system be amended to i elude certain facilities in St. Lucie County. In 2003, the Florida Legislature passed Committee Substitute for Senate Bill 676. This bill provided for a wide range of transportation-related changes at the State level, including provisions that created the Florida Strategic Intermodal (SIS) System. it appears that the State is seeking to develop a limited statewide transportation system (of all types) that would be the primary focus of all future State funding resources. It is assumed that this would mean that State expenditures on all other roadways or transportation systems would then be significantly reduced. Since the SIS appears to be the replacement designation for The Florida Intrastate Highway System, if a transportation facility is not part of that system, it would probably not be considered to be eligible for future State support, construction or other funding. SUBJECT: On January 21, 2004, the Florida Department of Transportation will be holding one of several statewide public hearings for the purpose of soliciting comments on the Florida Strategic Intermodal (SIS) System. Since there appears to be a push on the part of the State to redirect its future funding priorities to the SIS system, If the St. Lucie community wishes to continue to be a involved partner in the development of a coordinated transportation system that will serve to improve the economic diversity and health of our community, the Board of County Commissioners will need to send a resolution or letter of objection to the State indicating that that at very least we would like to see the the following facilities considered for inclusion In the SIS; the Port, Airport, FEC Rail Facilities and SR 70. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: N/A N/A Staff recommends that the Board authorize staff to prepare a formal Resolution of objection to the current draft of the Florida Strategic Intermodal (SIS) System and that the SIS system be amended to Include the above cited facilities. We further recommend that the Board formally reserve the right to object further should any changes to the SIS be determined by the Board to have a negative effect on the economic development opportunities of the St. Lucie community. COMMISSION ACTION: [](J APPROVED c.=J OTHER D DENIED Approved 5-0 ENCE: u as M. Anderson C nty Administrator County Attorney Originating Dept.: Finance: Coordination/ Signatures Mgt. & Budget: Other: Purchasing: Other: (agend766) \. "" . ~ ...., COMMISSION REVIEW: January 20, 2004 COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: County Commission FROM: Community Development Director DATE: January 14, 2004 SUBJECT: Florida Strategic Intermodal (SIS) System In 1990 by the Florida Legislature, created the Florida Intrastate Highway System (FIHS). The Florida Intrastate Highway System is composed of interconnected limited and controlled access roadways including Interstate highways, Florida's Turnpike, selected urban expressways and major arterial highways. It is a statewide transportation network that provides for high-speed and high- volume traffic movements within the state. The FIHS network currently consists of 3,939-miles of roadway providing transportation service throughout the state. The attached Exhibit A depicts the current FIHS network. In 2003, the Florida Legislature passed Committee Substitute for Senate Sill 676. This bill provided for a wide range of transportation-related changes at the State level, including provisions that created the Florida Strategic Intermodal (SIS) System. Attached as Exhibit B are a number of bulleted questions about the SIS program that were taken from the Florida Department of Transportations own WEB page on the topic. I believe that they provide a general outline of the "what's" and the "why's" in regard to this topic. In addition, the following excerpted statement from the enabling legislation for the SIS,summarizes what the apparent intent behind the establishment of this program is. .... Therefore, the Legislature declares that the designation of a strategic intermodal system, composed of facilities and services of statewide and interregional significance, will efficiently serve the mobility needs of Florida's citizens, businesses, and visitors and will help Florida become a worldwIde economic leader, enhance economic prosperity and competitiveness, enrich quality of life, and reflect responsible environmental stewardship. To that end, it is the intent of the Legislature that the Strategic Intermodal System consist of transportation facilities that meet a strategic and essential state interest and that limited resources available for the implementation of statewide and interregional transportation priorities be focused on that system. In other words, it appears that the State is seeking to develop a limited statewide transportation system (of all types) that would be the primary focus of all future State funding resources. It is assumed that this would mean that State expenditures on all other roadways or transportation systems would then be significantly reduced. Since the SIS appears to be the replacement designation for the Florida Intrastate Highway System, if a transportation facility is not part of the SIS system, that facility would probably not be considered to be eligible for future State support, construction or other funding. \..f """" January 14, 2004 Page 2 Subject: Florida Strategic Intermodal (SIS) System In defining what is to be a part of the SIS, Section 339.62, Florida Statutes, defines those statewide transportation interests that are to be included in the SIS. They are: (1) The Florida Intrastate Highway System established under to s. 338.001. (2) The National Highway System. (3) Airport, seaport, and spaceport facilities. (4) Rail lines and rail facilities. (5) Selected intermodal facilities; passenger and freight terminals; and appropriate components of the State Highway System, county road system, city street system, inland waterways, and local public transit systems that serve as existing or planned connectors between the components listed in subsections (1 )-(4). (6) Existing or planned corridors that serve a statewide or interregional purpose. Locally, in St Lucie County, there are currently three (3) major roadways included as part of the FIHS; SR 70 (from Ft. Pierce to the Okeechobee County Line), 1-95 and the Florida Turnpike. Copies of the most recent status report on the FIHS (March 2003) as published by the Department of Transportation is attached as Exhibit C to this report. Attached as Exhibit D to this memo, is a summary report in regard to the designation of the new SIS network. As it affects St. Lucie County, there are several significant issues that need to be addressed by the State before the proposed SIS designation becomes final. These issues are: A.) If, by statutory declaration, the SIS is to include all existing segments of the FIHS, why then is the segment of SR 70 between Okeechobee City and Ft. Pierce not included in the SIS? In developing the SIS network, the State established a method of separating out various components of the FIHS and other transportation facilities. The resultant component classifications for the SIS have been termed as follows; SIS Component, Emerging Component and Other Component. These terms are further defined in Exhibit D. In reviewing the criteria for be included in the SIS, it appears to very clear that SR 70, between Okeechobee City and Ft. Pierce has improperly been excluded from the SIS network, not only because it is part of the existing FIHS system, but also because it meets the minimum criteria set out by the SIS itself for inclusion. The length of roadway in question is approximately 30 miles. There are 4 FDOT count stations along SR 70 from just west of 1-95 (Ft. Pierce) to just east of SR 710 (Okeechobee City). Averaging the most recent published data from these count stations reveals that there are approximately 6,400 AADT along this segment of roadway. This would, by the SIS's own criteria; qualify this segment for inclusion as an emerging facility on the SIS network. Furthermore, St. Lucie County believes that the FDOT traffic counts are light, or not indicative of the current volumes along the corridor. St. Luce County's own data indicates volumes along this corridor are about 7,500 AADT. While no truck count data is available to the County at this time, we believe that given that fact that the SR 70 corridor is the only east/west corridor in this area that goes across the State, and that this corridor is the only direct/shortest access from Okeechobee City to the Interstate and Turnpike system, and that '-' ...." January 14, 2004 Page 3 Subject: Florida Strategic Intermodal (SIS) System a significant amount of the citrus that is harvested in the central region of the State and being brought to the processing facilities in St. Lucie County travels along this route, we believe that the minimum criteria of 88 truck trips per day for identification as a Emerging Component is being well exceeded. B.) If, by statutory declaration, the SIS is to include all existing seaports, why then is the Port of Ft. Pierce, which is recognized by the State of Florida as being one of the 14 deep water ports in the State, been excluded from the SIS? The Port of Ft. Pierce is one of the four (4) ports in the State that was not recognized by the SIS. If the SIS criterion is to include the "Other Component" designation, it would appear that the Port of Ft. Pierce would clearly meet the definitional standard of "facilities and services of local or intraregional significance." C.) If, by statutory declaration, the SIS is to include existing airports, why then is the St. Lucie County International Airport not included in the SIS system? Why are General Aviation Airports in general,excluded from the list of potential airport facilities? The St. Lucie County International Airport is a recognized general aviation airport by the State and Federal government. The airport has full US Customs Services and is a recognized port of entry into the United States. This airport is part of e designated Foreign Trade Zone. Over the years, the St. Lucie County International Airport has been the beneficiary of significant State/Federal funds for safety and other projects. If the SIS does not recognize this facility, will the level of funding that we may potentially receive be decreased? D.) The SIS recognizes existing passenger rail service corridors in the State and the potential high-speed rail corridor. It does not however, recognize the potential for passenger service along the FEC rail line. It recognizes the FEC line as a Freight Corridor, but not as a passenger corridor. It would appear to make some sense, perhaps even more so than the high speed rail alignments, if the State is indeed seriously interested in seeking passenger rail service along the entire eastern coast of Florida, that the FEC line be recognized as a SIS component, On January 21, 2004, the Florida Department of Transportation will be holding one of several statewide public hearings for the purpose of soliciting comments on the Florida Strategic Intermodal (SIS) System. Since as noted above, there appears to be a push on the part of the State to redirect its future funding priorities to the SIS system, if the St. Lucie community wishes to continue to be an involved partner in the development of a coordinated transportation system that will serve to improve the economic diversity and health of our community, the Board of County Commissioners will need to send a resolution or letter of objection to the State indicating that that at very least we would like to see the above facilities considered for inclusion in the SIS. In addition, there are probably several other interconnecting roadway links from the Port, Airport, FEC Rail Facilities and SR 70 to the balance of the SIS that will need to be added as well. Those connecting links have not yet been identified, but will be over the next couple of days. Staff recommends that the Board authorize staff to prepare a formal Resolution of objection to the current draft of the Florida Strategic Intermodal (SIS) System and that the SIS system be amended ..., """" January 14, 2004 Page 4 Subject: Florida Strategic Intermodal (SIS) System to include the above cited facilities. We further recommend that the Board formally reserve the right to object further should any changes to the SIS be determined by the Board to have a negative effect on the economic development opportunities of the St. Lucie community. SUBMITTED: ~ irector DJM SIS1(H) cc: County Administrator County Attomey , . '-" Exhibit A . FIHS Network 2003 ...., I žctgõ§~g. z+ø ~ "'" :::J c ILl o ~ i 0.. -.::t '" E Q:j W >- '" (f) ë c: <D .Q E ãí <D 1':: è 8- Q. '" .ê ::: ::E " ~ c:: ::! 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( ) £ B "00 W.,- "00 CN æcð ::E à¡ ." c: ::J ,., ~.æc ! ro ro ~Eã. 5:e2~ ~~~&! co£;,e-è; ~ <1J ::J I- t()c:....s ~ '§.g ø -g ( )'E ë "'IDO( ) .,.,...,,'-'~ ~2 ~ ~ 0. ~g . ]1 :¡¡ ¡¡¡ ~. o -.:t (/) <I) :;¡: 'U ø i- ¡:¡: e 16 0 Q) .g~~25 ~~ ee.!!1~~25°e @~cb~~'~ .$ .!!1.!!1oõæ8 i3 ~~;:;~~ J! æææa.:J õ III ~ ~ I '" '" '" (!) ø (!) c c c ..!!1..!!1..!!1 '<t<:pco ::!2:!2:!2 '5"S "5 ..Q..o..o .9 '" (!) c ..!!1 N <f) E i II) c ,2 ro t: 8- '" c !!! ;: ::;¡ '" (!) c ..!!1 (!) '" ;:¡ ro 13 8- <f¡ N ~ j¡ ¡:a ~ o I I I I I I ,.J I I I I _¥_~_.--...._.__J , , '- ....,J Exhibit B SIS Summary Questions Transportation - F1' :da's Strategic Intermodal System - Background Informatio . ~ .~ Page 1 of 3 ~'~ Search MyFIorida.com SIS Home I What's New I Background I System Development I Products I Get Involved! Background Publications · Steering Committee Recommendations Report (Dec. 2002) · A Guide to SIS (pdf - 247 kb) (brochure layout) · 2020 Florida Transportation Plan (pdf - 7374 kb) Background Information · Why" is this system needed? · What will it be? · Where was the need identified? · What will it be used for? · How Will it be developed? o System development chases o 2003 Legislative guidance o Current activities · Major Challenges Contact list for additional information Downloadable documents provided in PDF format must be viewed with the Adobe Acrobat Reader which is available from Adobe at no charge. Viewers can also convert PDF files to HTML format through the Adobe website. (A new browser window will be opened when you link to these Web sites outside of MyFlorida.) Why is this system needed? The recently updated 2020 Florida Transportation Plan identified significant changes that will occur over the next 20 years. These changes will have a dramatic effect on Florida's transportation system. Florida's future economic health will depend on a system that can successfully move growing numbers of residents and tourists and transport goods within Florida and to and from the United States and intemational markets. By 2020, Florida will add about 5 million new residents, imports and exports are expected to double, and the number of tourists is expected to reach nearly 85 million. To meet the needs generated by such dynamic growth will require investments of statewide funds in a well-planned transportation system that efficiently connects the various forms of travel. Our limited resources must be focused on statewide and regional priorities that are essential to Florida's economy and quality of life. Back to top http://www.dot.state.fl.us/planning/sis/background.htm 1/14/2004 Transportation - FJr '<la's Strategic IntermodaI System - Background Informatio' \-. ...,¡ Page 2 of 3 What will it be? A transportation system that: · Is made up of statewide and regionally significant facilities and services (strategic) · Contains all forms of transportation for moving both people and goods, including linkages that provide for smooth and efficient transfers between modes and major facilities (intermodal) · Integrates individual facilities, services, forms of transportation (modes) and linkages into a single, integrated transportation network (system) Back to top Where was the need identified? · Stakeholders Task Force - recommended fast track funding and enhancements to freight mobility. · Florida Chamber Foundation - recommended focused investment in trade corridors and efficient intermodal connections between airports, cruise terminals, and major attractions. · Florida Strategic Plan For Economic Development, 2001-2006 - recommends improved modal options and connectivity between the different modes and terminals, as well as congestion relief. · Transportation and Land Use Study Committee - recommended true multimodal planning and transportation systems, like the Florida Intrastate Highway System but all modes. · Growth Management Study Commission - recommended a more strategic and efficient protection of the State's transportation interests. · Culminating in the Updated 2020 Florida Transportation Plan - Long Range Objective under the Economic Competitiveness Goal. Back to tOR What will it be used for? · Targeting expenditures to help the State's economic competitiveness, including increased corridor emphasis in planning and funding projects · Applying innovative policies and technologies, including Intelligent Transportation Systems · Clarifying the State's roles and responsibilities on and off this system · Providing input to the next update of the Florida Transportation Plan (2025) Back to top How will it be developed? · In partnership with the Florida Transportation Commission - overall policy direction; innovation. http://www.dot.state.fl.us/planning/sislbackground.htm 1/14/2004 Transportation - F1~ . ia's Strategic Intermodal System - Background Informatio \...1 ...,.¡ Page 3 of 3 · In partnership with the Metropolitan Planning Organization Advisory Council. Statewide Intermodal Transportation Advisory Committee (SIT AC), Regional Planning Councils. and other state and regional entities - definition of state interests; urban and rural issues. · In partnership with entities representing all forms of transportation - definition of significant facilities and linkages; modal options. · By including public involvement opportunities, including consensus building and peer review techniques. · By starting with existing statewide transportation plans - aviation, highway, intermodal. rail, seaport, space, transit - and including accommodations for bicycles and pedestrians. · System development phases · 2003 Legislative guidance · Multimodal advisory team. subcommittees and task teams Back to top Major Challenges · Reaching agreement on policies to guide decisions related to the Strategic Intermodal System. · Reaching consensus on system criteria and the facilities to be included on the map. · Reaching agreement on funding and priorities to implement the system. Back to top SIS Toll-free Information Number: 1-866-SIS-FDOT (1-866-747-3368) Web Contact I SIS Contact I SIS Home http://www.dot.state.fl.us/planning/sis/background.htm 1/1412004 , , '- Exhibit C FIHS Annual Report 2003 ...., '-- ..../ THE FLORIDA INTRASTATE HIGHWAY SYSTEM (FIHS) TABLE OF CONTENTS Executive Summary .. ......... ....... ......... ................. ...... ........... ..................... .......... ........ .... 1 Chapter 1 - Florida Intrastate Highway System ...............................................................7 · Background and Purpose of the FIHS .............................................................7 · Statutory Requirements ....... ................. ........... ....................... ................. ........ 7 · Reporting Guidelines....................................................................................... 8 Chapter 2 - FIHS Procedures and .Standards................................................................. 9 · FIHS Standards...... ...... ......... ............... ......... ..................... .................... ...... ... 9 · FIHS Development Process..... ..... .... ....... ........ ................... ................ ..... ..... 14 · FIHS Status Change Process........................................................................ 16 Chapter 3 - Extent of the Existing FIHS......................................................................... 17 · The Existing FIHS ...... .......... ............ ............. ................... ......... ............... ..... 17 · Function of the Existing FIHS... ... .......... ............. ................... ............... ...... ... 21 Chapter 4 - FIHS Major Activities... ............. .................... ............. ... ....... ............... .... .... 22 · Building the FIHS .......... .............. ........... ............. ............... ............ .......... ..... 22 · Projects in the FY 2002/03 - FY 2006/07 Adopted Work Program ............... 22 · Master and Action Planning...........................................................................26 · FIHS Planning and Program Development.................................................... 31 · Expressway Authority Activity Supporting Development of the FIHS ............ 37 · Intelligent Transportation Systems (ITS) ....................................................... 38 For Additional Information Contact Florida Department of Transportation Office of the State Transportation Planner Systems Planning Office 605 Suwannee Street, MS 19 Tallahassee, Florida 32399-0450 (850) 414-4900 http://www11.myflorida.com/planning/systems/fihs/default.htm FIIS~ MOBILITY .~ " ~e~ Þ- t!~,. Status Report As of January 1, 2003 i . ~ \... "'" THE FLORIDA INTRASTATE HIGHWAY SYSTEM (FIHS) LIST OF FIGURES Figure 1 Trends in Mobility and Demand on the FIHS ............................................. 5 Figure 2 Conceptual Interstate Transportation Corridor............. ............. ............... 12 Figure 3 FIHS System Map. ........... ...... ......... ......... ........................ ........................ 19 Figure 4 Existing FIHS Centerline Mileage in Metropolitan Planning Organization Areas............................................... 20 Figure 5 Projects Under Construction or Open to Traffic which add Capacity to the FIHS...... ............. .......... ............................ .................. ..... 23 Figure 6 Adopted Work Program Trends, FIHS Capacity Improvement Program, FY 1996/97 to FY 2006/07........... .......................... .... ........ ...... ............ .... 25 Figure 7 FIHS Corridor Plans (Master Plan/Action Plan Status) ............................ 27 Figure 8 Project Development & Environmental (PD&E) Study Status .................. 30 Figure 9 FIHS Planning and Program Development Process ................................ 33 Figure 10 Tentative Work Program Plus Current Year (FY 2002/03 through FY 2007/08) .... ....... ................ .... ...................... ...... 39 Figure 11 FIHS Ten-Year Plan (FY 2008/09 through FY 2012/13) ........................................................... 40 Table 1 Table 2 Table 3 Table 4 Table 5 LIST OF TABLES Factors for Determining the Number of Lanes on the State Highway System 335.02(3), Florida Statutes........................................... 11 FIHS Mileage Status ........ ...... ........ ...... .... ................... ....................... ...... 17 Summary of Florida Intrastate Highway System Capacity Improvement Projects in FY 2002/03 - FY 2006/07 Adopted Work Programs .............. 24 FIHS 2010 and 2020 Needs Plan Cost Estimate..................................... 34 Impact of Federal Revenue Reductions on the FIHS Ten-Year Plan (Fall 2002) ....................................................................................... 35 FIHS~ MOBILITY ,;"~ft Status Report As of January 1, 2003 ii ~ ....., THE FLORIDA INTRASTATE HIGHWAY SYSTEM (FIHS) EXECUTIVE SUMMARY FLORIDA INTRASTATE HIGHWAY SYSTEM STATUS REPORT The Florida Intrastate Highway System (FIHS), created in 1990 by the Florida Legislature, is composed of interconnected limited and controlled access roadways including Interstate highways, Florida's Turnpike, selected urban expressways and major arterial highways. It is a statewide transportation network that provides for high-speed and high-volume traffic movements within the state. Section 338.001 (8), F.S., requires a status report on the FIHS Plan be provided annually to the Legislature's transportation committees. This report serves that requirement and summarizes major activities and significant system adjustments through January 1, 2003 (unless noted otherwise). The FIHS is a 3,939-mile1 network of roadways (3,844 existing, 92 proposed miles and 3 miles of new roads under construction) providing essential transportation service throughout the state. When expressed in terms of all Florida public roads, the FIHS constitutes approximately 3 percent of the system but carries approximately 32 percent of the traffic. The FIHS carries approximately 70 percent of all truck travel on the State Highway System. See Figure 3 on page 19 for a system map of the FIHS. From January 1, 2002, to January 1, 2003, the net mileage on the total FIHS increased 4 miles. A specific change to the system was the construction of the Seminole County Expressway Project 2 from US 17/92 to 1-4, which was completed and open to traffic in 2002. The estimated length of this project reported in the 2002 Status Report was 6 miles including the length of ramps at Interstate 4. To maintain consistency with reporting of statewide highway mileage statistics, ramp lengths are not reported in this Status Report resulting in a project length of 5.258 miles (rounded to 5 miles in Table 2 on page 17). In addition to this significant system change, reinventory of facilities on the FIHS resulted in a net addition of 5 miles. See Table 2 on page 17 for a summary of the FIHS mileage as of January 1, 2003. Since creation of the FIHS by the 1990 Legislature, approximately $5.3 billion of capacity improvement construction activity is now under construction or open to traffic as of January 1, 2003, on the FIHS as follows, cost in year of construction: 1. Interstate: $2.99 billion 2. Turnpike and Expressways: $1.18 billion 3. Arterials: $1.15 billion. See Figure 5 on page 23 for more detail. 1 Throughout this report, centerline miles are used to describe the FIHS. FltlS~ MOBILITY " " 'fbtJ, , i1tliofi Status Report As of January 1, 2003 Page 1 , . . , '-- ..., THE FLORIDA INTRASTATE HIGHWAY SYSTEM (FIHS) The FDOT FY 2002/03 - FY 2006/07 Adopted Work Program includes $7.2 billion (as programmed cost) programmed for the FIHS. Expressed in 2002 dollars, this represents an increase of approximately 98 percent compared to the FY 1996/97 - FY 2000/01 Adopted Work Program. See Table 3 on page 24 and Figure 6 on page 25 for more detail. In addition to the Department's Work Program, Florida's Expressway Authorities have programmed an additional $1.6 billion for capacity improvements on FIHS facilities they operate. During 2002, major FIHS planning activities supporting development of the Department's Work Program were accomplished. These include: 1. Update of the FIHS Needs Plan: Needs analysis was conducted to determine the safety and capacity improvements needed on the FIHS by 2010 and 2020. FIHS Corridor Plans, MPO plans, other local government plans, and analysis of projected traffic conditions, as well as the needs of the Department's partners in business and industry, were all considered. 2010 and 2020 FIHS Needs, including costs, were determined and compiled in a draft FIHS Needs Plan during 1999. Needs were determined unconstrained by fund availability. This report was finalized and published in March 2000, and is available on the Department's Internet Website, www11.myflorida.com. Minor adjustments to the Needs Plan database were conducted during 2001 and 2002 to keep the plan up to date. 2. Update of the FIHS Cost Feasible Plan: The highest priority improvements defined in the FIHS Needs Plan were balanced against projected revenues to develop the Ten-Year FIHS Plan (the Work Program plus five more years) and the FIHS 2025 Cost Feasible Plan. Figure 9 on page 33 shows how the FIHS Needs Plan, the Ten-Year FIHS Plan and the FIHS 2025 Cost Feasible Plan all relate to the Department's planning and programming activities. See Figure 10 on page 39 for a map of the FIHS Tentative Work Program plus current year, 2002/03 through 2007/08. See Figure 11 on page 40 for a map of the FIHS Ten-Year Plan (excluding Work Program), improvements planned for FY 2008/09 through FY 2012/13. - . ~" J~~¥, Page 2 Status Report As of January 1, 2003 "M~. 1:'" ;;, Ø.,L,TY \¡po ""'" THE FLORIDA INTRASTATE HIGHWAY SYSTEM (FIHS) 3. Determination of FIHS Needs and Unfunded Needs: As a result of analysis supporting the FIHS 2010 and 2020 Needs Plan, and as a result of updated revenue forecasts, unfunded FIHS Needs were updated during 1999. Including Mobility 2000 funding and expressed in 2000 dollars, they are: Needs: Revenue: Mobility 2000 Unfunded Needs: 2010 $ 31 billion $ 10 billion $ 1 billion $ 20 billion 2020 $ 47 billion $ 17 billion $ 1 billion $ 29 billion See Table 4 on page 34 for more detail. 4. Impact of Federal Revenue Reduction: In 2002, the FIHS program was affected by an estimated $615 million Federal revenue reduction as a result of anticipated decrease in gas tax collections. Every effort was made to minimize the impact to the FIHS Work Program. The Financial Planning and Program Development Offices mitigated, through cash flow and bonding techniques, about half the impact. After mitigation, there was a net reduction of $305 million in the FIHS program beginning in FY 2004. Projects in the Tentative Work Program and FIHS Ten-Year Plan were the focus of adjustment to compensate for the reductions in revenue. Affected projects included Mobility 2000 projects, as well as other FIHS projects. In order to protect the Department's long-range production, construction phases were the target for the revenue reduction. A total of twenty-three projects over the ten-year period were affected. Five projects were affected in the Tentative Work Program FY 2003/04 - FY 2007/08. Of these five projects, two were moved into the 2nd Five Years. Most projects within the FIHS Ten-Year Plan were delayed only one year, while only six projects were delayed two years. These adjustments are summarized in Table 5 on page 35. Other major FIHS activities and analysis during 2002 included: 1. The FIHS and Florida's Economy Major FIHS Trade and Tourism Corridors are the backbone of Florida's economy and are identified consistent with recommendations of the Transportation Cornerstone Florida report prepared by the Florida Chamber of Commerce in 1999. The Intermodal Highway Freight Model has been completed in 2002 to provide improved analysis of freight corridors and to forecast the improvements needed on the FIHS to accommodate future truck traffic to facilitate the efficient movement of freight needed for healthy economic growth in Florida. The Department continues to develop and improve the statewide traffic model to forecast truck traffic. Initial analysis focuses on trucks traveling statewide more than 200 miles. Later analysis will focus on shorter truck trips. FIHS~ MOBILITY - " Æ~ i itr Status Report As of January 1, 2003 Page 3 .. ~ -~ ... '-' "'w1I THE FLORIDA INTRASTATE HIGHWAY SYSTEM (FIHS) 2. Master and Action Plans Development of Master Plans for limited access facilities and Action Plans for controlled access facilities was continued to determine FIHS needs and specify improvements. 3. Intelligent Transportation Systems (ITS) The FDOT Executive Committee adopted the Ten-Year ITS Cost Feasible Plan (Plan) on October 23, 2002. This Plan was developed to coordinate the programming and deployment of ITS services along the five principal limited-access corridors of the FIHS over the next decade. The Plan identifies the phased implementation of ITS projects from 2002 to 2012 using $496 million in ITS Program funds and another $200 million in district allocated funds. Programmed projects also include approximately $82 million for telecommunications infrastructure to support the ITS deployments. 4. Transportation System Performance Measures and FIHS Performance The draft 2002 Short Range Component: The Department's Plan to Implement the 2020 Florida Transportation Plan includes Strategic Goals, Short Range Objectives and Performance Measures to evaluate how well the goals and objectives are met. A "focus area" of the 2002 Short Range Component is mobility and economic competitiveness and includes three short range objectives, one of which is: Through 2007, at a minimum, maintain the rate of change in daily person hours of delay on the Florida Intrastate Highway System (FIHS). As shown in Figure 1, Delay on the FIHS (5.9 percent annual rate) is increasing at a faster rate than both population (2.2 percent annual rate) and vehicle miles of travel (4.0 percent annual rate). This indicates capacity expansion of the FIHS is not keeping up with increases in travel demand. Page 4 Status Report As of January 1, 2003 " )"t';~::f ..... ItlS .1J81LITY Figure 1 TRENDS IN MOBILITY AND DEMAND ON THE FIHS 140.0% ... 120.0% Ø'> Ø'> ... S 100.0% ~ ;;; II! 11 8 c:: e :! ;:¡ m Ii» ,f c:: m I:! I ) n. 80.0% 60.0% 40.0% 20.0% 0.0% 1991 2006 '-' ....I 5. Decision Support System Upgrading the Decision Support Systems (DSS) continues, with emphasis on the capacity, economic development, safety, freight, and intermodal connectivity modules. The safety module now incorporates new and improved safety analysis developed by the FDOT safety office. Other improvements to the DSS focus on improved interactive visualization, such as being able to see an actual picture of the road using video-log data or an interchange on the Interstate System using satellite pictures. Initiatives are underway to evaluate the feasibility of making the system available on the Department's intranet. 6. Interchange Justification Procedures The Department Policy Statement 000-525-015, "Approval of New or Modified Interchange to Limited Access Facilities" was readopted by the Department in October 2002. The Interchange Handbook revision is complete and the revised handbook is being distributed. The Systems Planning Office FIHS Interchange section is continuing efforts, working with the District Offices and the Federal Highway Administration, to further streamline the Interchange Justification Report and Interchange Modification Report (IJRlIMR) approval process. The new process provides for further decentralization of many activities, assures a faster and more simplified process, and facilitates economic development while protecting the safety and operation of the FIHS limited access facilities. "/ kJ, Page 6 Status Report As of January 1, 2003 ); ^' ,AI¡ ô.tM ~ CHAPTER 1 FLORIDA INTRASTA TE HIGHWA Y SYSTEM BACKGROUND AND PURPOSE OF THE FIHS In its 1990 regular session, the Florida Legislature through Section 338.001, Florida Statutes, required the Department to develop a Florida Intrastate Highway System (FIHS) Plan. The FIHS Plan, as defined in the statute, delineates a system of controlled access and limited access facilities that provide for high-speed and high-volume traffic movements within the state. The Department identified candidate routes after reviewing local transportation plans, Metropolitan Planning Organization (MPO) plans and the results of statewide planning studies. An initial FIHS network map and preliminary standards were included in the Florida Transporta- tion Plan (FTP) submitted to the Legislature in January 1991. The standards were approved by the Department's Executive Committee and were tested through use during 1991. The Department formally adopted the standards during 1992. The FIHS consists of improved existing highways and new roads, planned, designed and constructed to serve high-speed and high-volume traffic. The system will also accommodate High-Occupancy Vehicles (HOVs), express bus transit and, in some corridors, passenger rail service. The primary function of the system is to serve interstate and regional commerce and long distance trips. Components of the FIHS include: 1. Interstate highways 2. Florida's Turnpike System 3. Selected urban expressways 4. Existing major interregional and intercity arterial highways to be upgraded to higher controlled access standards 5. New limited access facilities. STATUTORY REQUIREMENTS Sections 334.046 and 335.02, F.S., taken together, require the Department of Transportation to provide a safe, interconnected statewide transportation system. Section 338.001, F.S., requires the Department to plan and develop the FIHS, including establishing standards and criteria for the functional characteristics and design of FIHS facilities. These responsibilities include designating the statewide system of limited and controlled access facilities, and preparing, administering, and implementing the Florida Intrastate Highway System Modal Plan (FIHS Modal Plan). FIIS~ MOBILITY ~ c~, ~::;,;%~:r Status Report As of January 1 2003 Page 7 "", , "wi The following policies guide development of the FIHS: 1. Improve the capacity of existing facilities to reduce cost and environmental impact. 2. Identify appropriate arterial highways for improvement to higher controlled access standards. 3. Develop, coordinate, and review FIHS projects with transportation partners to include expressway authorities and local governments. 4. Maximize the use of limited access standards on new arterial highways. 5. Identify new limited access highways for inclusion in the Turnpike System. 6. Ensure FIHS projects are consistent with local plans to the maximum extent feasible. 7. Improve regional transportation systems by making cost-effective investments in transportation infrastructure. 8. Improve the state's transportation system to ensure the movement of freight and provision of services to encourage the expansion of Florida's business and to attract new business with above average wages. Additional policy guidance is provided by the 2020 Florida Transportation Plan (FTP) developed pursuant to Section 339.175 of the Florida Statutes. The plan serves as a policy framework that guides transportation investment decisions over the next 20 years. The FTP calls for "A transportation system that enhances Florida's economic competitiveness". The FIHS is the backbone of today's transportation system. Appropriate components of the FIHS will also form the backbone of the Strategic Intermodal System. REPORTING GUIDELINES Legislation requires that any modification to FIHS projects in the Adopted Work Program be identified and submitted as a separate part of the Department's next Tentative Work Program. Finally, s. 338.001(8), F.S., requires a status report on the FIHS Plan be provided annually to the Legislature's transportation committees. This report serves that requirement and summarizes activities and significant system adjustments through January 1, 2003. ">~"c , Page 8 Status Report As of January 1, 2003 ';"~'~ 'IllS ,..,LITY '..,J CHAPTER 2 FIHS PROCEDURES AND STANDARDS The Department's procedure for the FIHS is contained in: "Development of the Florida Intrastate Highway System" (Topic 525-030-250). That document provides definitions, responsibilities, and descriptions of the process and functional standards for the FIHS. The Department completed development of major updates during 1997 and adopted the revised procedure. Minor revisions to the procedure were made during 1998 and 2002. These standards are the minimum engineering and planning criteria that apply to the FIHS. An accompanying interactive FIHS User's Handbook has been prepared and is available. FIHS STANDARDS Section 338.001, F.S., requires the Department to plan and develop the FIHS, including establishing standards and criteria for the functional characteristics and design of FIHS facilities. The FIHS standards were developed to ensure the FIHS meets the Legislative intent to "provide for high-speed and high-volume traffic movement." The functional criteria and standards used to guide development of the FIHS are based on Department rules and procedures covering level of service, access management, typical sections, number of lanes, design speed and other geometric design criteria established in the Department's "Plans Preparation Manual" (Topic No. 625-000-105, 106, 007, 008). Other considerations include special use lanes for through trips, High Occupancy Vehicles (HOV) and express bus service, passenger rail (in some corridors), intermodallinkages, and traffic management systems. These terms are defined as follows, with references to provide additional detail: 1. Level of Service Level of service is a concept that allows a qualitative and quantitative description of the performance of a particular highway section from the users' perspectives. Service levels range from "A" to "F," with "A" representing the best service level and "F" the poorest. In keeping with its importance, higher quality of service levels have been adopted for the FIHS than for other state highways. Level of service standards are defined in Rule Chapter 14-94, Florida Administrative Code and in the 2002 edition of the Department's "Quality/Level of Service Handbook" (effective date January 7,2003). 2. Access Management Access management includes those actions taken by the Department, with public input, to determine the way in which a roadway serves adjacent land uses through access to and from the roadway, balanced with the need to provide safe and efficient through traffic movement. The Department's highest access standards apply to the FIHS, reflecting the required traffic service and safety characteristics of this system. The access rules also encourage local government coordination of land use planning and regulation consistent with the assigned access standard. FIHS~ MOBILITY " '''í'' :'>1/;, rr/I\~. Status Report As of January 1, 2003 Page 9 ',," , '- ,...., THE FLORIDA INTRASTATE HIGHWAY SYSTEM (FIHS) During the Action Plan process for controlled access roadways, the needs of access and road performance are carefully assessed and balanced. Access standards are stated in Rule Chapter 14-97, Florida Administrative Code. For roads where median openings are involved, procedures to help make median opening decisions are provided in "Median Opening Decision Process" (Topic 625-010-020) and "Access Management Decision Process" (Topic 625-01 0-021). Access issues for limited access facilities involve new or modified interchanges. Approval of new interchanges and connections requires detailed review to ensure they meet standards. Procedures involving interchanges are contained in "Interchange Justification" (Topic 525-030-160). Modifications to Rule Chapter 14-96, Florida Administrative Code providing details on the access permitting process were adopted in July 1995. 3. Connectivity FIHS routes are interconnected to form a statewide system without gaps. Existing roadway segments where standards cannot initially be met are on the system if required for connectivity. Some might have to be replaced in the future with alternate routes meeting FIHS standards. The FIHS provides intermodal connectivity by improving links to airports, seaports, park-and-ride facilities, and other intermodal terminals. 4. Number of Lanes and Typical Highway Cross Sections All FIHS facilities are to be planned and developed to provide for high-speed and high- volume traffic movements within the state. All improvements to the FIHS are based on need. Work to upgrade a road to meet these requirements will be done when traffic demand justifies the improvement and as funds become available, consistent with the priority of other needed improvements on the FIHS. Beginning in 1991, the Department adopted the policy "Maximum Number of Lanes on the State Highway System to be provided by Department Funds", Topic Number 000- 525-040. In the same year, the Department adopted the policy "Interstate Highway System Policies and Priorities", Topic Number 000-525-019. These policies are now streamlined and combined with an updated policy, "Florida Intrastate Highway System Program Development Procedure", Topic Number 525-030-255. This effort was in response to passage by the 2000 Legislature of 335.02(3), Florida Statutes, which establishes the factors that must be considered when determining the number of lanes on the State Highway System to be funded by Department funds. These factors are summarized in Table 1 on page 11. Nothing in 335.02(3), Florida Statutes, precludes a number ot lanes in excess of ten lanes. However, before the Department may determine the number ot lanes should be more than ten, the capacity to accommodate other transportation modes within existing rights-ot-way must be considered. Figure 2 on page 12 illustrates a conceptual Interstate Transportation Corridor including six general use lanes, tour special use lanes, and public transportation in the median. '", ~'t ~'->L Page 10 Status Report As of January 1, 2003 ~".it;fl, , " I- .,LITY ..." Table 1 FACTORS FOR DETERMINING THE NUMBER OF LANES ON THE STA TE HIGHWA Y SYSTEM 335.02(3), FLORIDA STATUTES (a) Overall economic importance of the corridor as a trade or tourism corridor. (b) Safety of corridor users, including the importance of the corridor for evacuation purposes. (c) Cost-effectiveness of alternative methods of increasing the mobility of corridor users. (d) Current and projected traffic volumes on the corridor. (e) Multimodal alternatives. (f) Use of intelligent transportation technology in increasing the efficiency of the corridor. (g) Compliance with state and federal policies related to clean air, environmental impacts, growth management, livable communities, and energy conservation. (h) Addition of special use lanes, such as exclusive truck lanes, high-occupancy-vehicle toll lanes, and exclusive interregional traffic lanes. (i) Availability and cost of rights-of-way, including associated costs, and the most effective use of existing rights-of-way. U) Regional economic and transportation objectives, where articulated. (k) The future land use plan element of local government comprehensive plans, as appropriate, including designated urban infill and redevelopment areas. (I) The traffic circulation element, if applicable, of local government comprehensive plans, including designated transportation corridors and public transportation corridors. (m) The approved metropolitan planning organization's long-range transportation plan, as appropriate. FIHS~ MOBILITY " _",J , ti:" Status Report As of January 1, 2003 Page 11 ~ ·,1 -.... .. ~ ~ ~ ~ f- Z ~ :;¡ () M" M_ _ _ __ " ¡ ~ ~ 5. Design Speed Many important physical roadway characteristics, such as curvature, sight distance and gradient are established by the selection of design speed. The design speed is generally set above the expected operating or posted speed to provide a road that will be safe even under harsh operating conditions. All new facilities and reconstructed existing facilities are to meet FIHS design speed standards to the maximum extent feasible. For limited access facilities the design speed is at least 70 MPH in rural and urban areas and at least 60 MPH in urbanized areas. For controlled access facilities the design speed is at least 65 MPH in rural areas and 50 MPH in urban and urbanized areas. 6. Jurisdiction All FIHS facilities must be on the State Highway System or have a commitment from the Department to be added to the State Highway System. 7. Other Criteria and Considerations Other development guidelines for the FIHS in the procedures and standards include: Consideration of Intelligent Transportation Systems (ITS) technology integrated with operating plans and capacity improvements to better manage the existing capacity on the FIHS, promote safety in work zones and support emergency evacuation. · Development and implementation of facilities operations and management plans to include incident management, in cooperation with local governments and law enforcement agencies. Use of special use lanes for through trips, High Occupancy Vehicles (HOVs), or express bus service, with emphasis on connections to other transportation modes. · Use of auxiliary lanes, frontage roads, traffic operations and other improvements to enhance traffic flow, capacity, and safety. Coordination among the different modes of travel to encourage efficient uses of all facilities and to provide efficient and convenient connection among the different modal terminal facilities to provide for the seamless movement of people and goods. Review of existing traffic signals for operational efficiency, including the need for new signals, or the removal of those signals unwarranted by existing or proposed operating characteristics. · Review of existing median openings and their effect on traffic flow, including the need for modified or redesigned median openings, or the elimination of median openings adversely impacting efficient and safe traffic operations. · Replacement of at-grade railroad crossings with overpasses. FIHS~ MOBILITY . ". ~~"¥ >;~4i'.' },¡< ~;: Status Report As of January 1, 2003 Page 13 ·....1 . Provision for staged development of facilities to meet FIHS standards, including accommodation of future transportation options and timely acquisition or preservation of right-of-way for system development. Provision of pedestrian overpasses and other facilities to safely separate pedestrians and bicycles from the motoring public. FIHS DEVELOPMENT PROCESS 1. Corridor Management, Planning and Prioritization The Department seeks to improve FIHS corridors through timely acquisition of lands needed to expand, construct, or upgrade substandard segments of the FIHS. The Department's responsibilities include early identification of priority corridors to provide a means of encouraging local governments to take steps to manage land uses within, and adjacent to, corridors needed for future transportation facilities. The FIHS Master and Action Plans serve an important role in corridor management. The Facility Operation and Preservation Element required for Action Plans identifies relatively low-cost, short-term improvements to maintain or improve traffic flow and safety. The staging, facilities management, and operations plan elements contained in all Master Plans provide similar benefits. 2. Master and Action Plans Master Plans and Action Plans are developed for FIHS segments identified for improvement in the FIHS Needs and Cost Feasible Plans. Master Plans are developed for the limited access portions (Interstate, Turnpike, and urban expressways) of the FIHS. Action Plans are developed for the controlled access portions (major arterials) of the FIHS. Both types of studies develop multimodal alternatives, complete cost analyses, and provide for public involvement. Specific projects are included in the 2010 and 2020 FIHS Needs Plan, enter the prioritization process, are included in the Cost Feasible and Ten-Year FIHS Plans, and are pro- grammed in the Five Year Work Program. Once in the Work Program, projects start through the Department's production processes, including Project Development and Environmental (PD&E) studies. Extensive coordination and public involvement activities are carried out during various stages in the development of Master and Action Plans and the subsequent PD&E studies. The process involves the public and decision makers early in determination of alternatives for analysis so that the best investment strategy will be chosen. The public, MPOs, transit providers, local government agencies, elected officials, the business community and other interested advocacy groups are involved early and continuously. Final environmental documents are prepared for the preferred alternative, which is refined during the PD&E phase. , ,5 ~í \4 AA ~ Page 14 Status Report As of January 1, 2003 ,:'" ~ : . S \118 L'TY \...r ~ Further opportunities for coordination in the FIHS development process occur during review of amendments to local government comprehensive plans. Local governments have a major role in protecting right-of-way for transportation facilities or new corridors through their zoning and other land use regulations and powers. 3. Efficient Transportation Decision Making (ETDM) The Department, working in conjunction with the Federal Highway Administration and other federal, state, and local agencies, is developing a refined and improved methodology for making improved transportation decisions. Initially called "streamlining" in response to Section 1309 of the Transportation Equity Act for the 21 st Century (TEA 21), the FOOT process redefines how the State of Florida will accomplish transportation planning and project development within its current statutes and regulations. The ETDM Process creates linkages between land use, transportation, and environmental resource planning initiatives through early, interactive agency and community involvement, which is expected to improve decisions and reduce the time, effort, and cost to affect transportation decisions. Efficiency is gained by two screening events and an efficient permitting process built into the current transportation planning and project development process. 4. Project Development and Coordination Once the Federal Highway Administration certifies location and environmental approval, project design and right-of-way phases can begin through routine Department processes. The final project design is based on the recommendations of the Master or Action Plans and the PD&E studies. FIHS~, MOB'L IT Ye" ,../ ~"þ; ~:', ' ' Status Report As of January 1, 2003 Page 15 ~ "'.. " ....", FIHS STATUS CHANGE PROCESS Recommendations for additions or deletions to the FIHS are based on specific studies using FIHS standards. The major requirements for adding a new facility to the FIHS, or modifying an existing FIHS facility are: 1. The facility must be on the State Highway System, or have Departmental commitment for future inclusion on the State Highway System. 2. The need for the facility or modification must be clearly shown. Improvements must meet FIHS standards and must be feasible. 3. Project costs must be minimized through such techniques as use of Intelligent Transportation System (ITS) technologies, traffic and access management, or advanced right-of-way acquisition or protection. 4. The improvements must consider environmental issues, public participation, and consistency with local government comprehensive plans. Page 16 Status Report As of January 1, 2003 ·~}S~ , ,Oc8 I L , T Y .....,¡ CHAPTER 3 EXTENT OF THE EXISTING FIHS THE EXISTING FIHS As of January 1, 2003, the FIHS consists of 3,939 total centerline miles. Of this total, 3,844 miles are existing, 92 miles are proposed for construction, and 3 miles are new FIHS roads under construction. During the past year, the net increase in existing FIHS routes was 10 miles, with a net decrease in proposed mileage of 6 miles. These changes are summarized in Table 2 below. Table 2 FIHS MILEAGE STATUS (Existing and Proposed Centerline Mileage) 3,834 101 3,935 Open to Traffic 1 +5 -6 -1 Additions to 0 0 0 System Deletions from 0 0 0 System System Re-inventory +5 0 +5 Changes Current 3,844 95 3,939 System 1 Excluding ramps. FINS~ M ø B , L , T ,Y ~'" .t~· Status Report As of January 1, 2003 Page 17 4;'"'¿' ~........... - ....,. Figure 3 on page 19 illustrates the FIHS as of January 1, 2003, by type of facility, route and location. All Interstate, Turnpike, and selected major arterial miles are included on the FIHS. From January 1, 2002, to January 1, 2003, the net mileage on the total FIHS increased 4 miles. A specific change to the system is: The construction of the Seminole County Expressway Project 2, from US 17/92 to 1-4, was completed and open to traffic in 2002. The estimated length of this project reported in the 2002 Status Report was 6 miles including the length of ramps at Interstate 4. To maintain consistency with reporting of statewide highway mileage statistics, ramp lengths are not reported in this Status Report resulting in a project length of 5.258 miles (rounded to 5 miles in Table 2 on page 17). In addition to this significant system change, reinventory of facilities on the FIHS resulted in a net addition of 5 miles. See Table 2 on page 17 for a summary of the FIHS mileage as of January 1, 2003. Approximately 60 percent of the existing 3,844 miles of the FIHS is located within areas where transportation facilities are planned by Metropolitan Planning Organizations. Based on lane miles, approximately 65 percent of the existing FIHS is within MPO areas. Figure 4 on page 20 provides additional information. :t~{(~r Page 18 Status Report As of January 1, 2003 ' '~~ ~ ,_ liS ';fiB I L , T Y Figure 3 FIHS SYSTEM MAP Figure 4 EXISTING FIHS CENTERLINE MILEAGE IN METROPOLITAN PLANNING ORGANIZATION AREA * Based on lane miles, 65 percent of the in ~ -....I THE FLORIDA INTRASTATE HIGHWAY SYSTEM (FIHS) FUNCTION OF THE EXISTING FIHS 1. Usage On an average day in 2002, it is estimated that the existing FIHS (3,844 miles) handled about 134 million Daily Vehicle Miles of Travel (DVMT). This amount can be compared to a total of about 267 million DVMT for the total State Highway System. Thus, to underline its importance, the FIHS currently carries about 50 percent of the State's daily travel on the entire State Highway System. A further breakdown of travel (DVMT) on the FIHS includes: DVMT Interstate: 84 million Turnpike, tolls and expressways: 27 million Other arterial: 23 million · Total FIHS: 134 million 2. Performance Figure 1 on page 5 shows that delay on the FIHS (5.9 percent annual rate) is increasing at a faster rate than both population (2.2 percent annual rate) and vehicle miles of travel (4.0 percent annual rate). This suggests capacity expansion of the FIHS is not keeping up with increases in travel demand. See the Executive Summary (Page 4) for discussion. FIHS~ MO.,L,TY iiJ4I" ,cJ:" Status Report As of January 1,2003 Page 21 ~ ....", CHAPTER 4 FIHS MAJOR ACTIVITIES The Department has continued to make significant progress in implementing the FIHS. As of January 6, 2003, the Department has $5.3 billion (year of construction cost) of capacity improvements under construction or open to traffic on the FIHS since its creation by the 1990 Legislature. See Figure 5 on page 23 for more details. Approximately another $4.5 billion (as programmed cost) is programmed for capacity improvement construction in the FOOT FY 2002/2003 - FY 2006/2007 Adopted Work Program, including Mobility 2000 funds for the FIHS made available by the 2000 Legislature (See Table 3 on page 24). Other major activities included the update of the Ten-Year FIHS Plan and continued Master Plan, Action Plan, Project Development & Environmental (PD&E) studies, and ITS Cost Feasible Plan development. This Chapter presents a summary of current FIHS development activities. BUILDING THE FIHS Activities required in building the FIHS include planning, project development and environmental (PD&E), design, right-of-way acquisition, and construction. Figure 5 on page 23 shows major capacity improvement projects now under construction or open to traffic on the FIHS (as of January 6, 2003) since the FIHS was created by the 1990 Legislature. These projects cost approximately $5.3 billion (year of construction cost). Only the cost of construction is shown. Planning, PD&E, design, and right-of-way acquisition costs are not included. PROJECTS IN THE FISCAL YEAR 2002103 - 2006/07 ADOPTED WORK PROGRAM The Department has programmed a total of approximately $7.2 billion (as programmed cost) in its Adopted Work Program (FY 2002/2003 - FY 2006/2007) for capacity improvements for all FIHS routes, including Mobility 2000 funding made available by the 2000 Legislature. Of this amount, approximately $4.5 billion is for construction. A summary is presented in Table 3 on page 24. In addition to the Department's Work Program, Florida's Expressway Authorities have programmed an additional $1.6 billion for capacity improvements on FIHS facilities they operate. Figure 6 on page 25 shows the trend in FIHS funding for capacity improvement projects in the adopted FOOT Five Year Work Programs from FY 1996/97 - FY 2000/01 through FY 2002/03- FY 2006/07, including Mobility 2000 funds. Funds programmed for FIHS capacity improvements have increased approximately 98 percent (2002 base year) since adoption of the 1996/97 - 2000/01 Five Year Work Program. <~ "ff;\;. Page 22 Status Report As of January 1, 2003 . ~, , , . HI Ø.'L'TY PROJECTS OPEN TO TRAFFIC Figure 5 TION OR TO THE FIHS \-t ...., Table 3 SUMMARY OF FLORIDA INTRASTATE HIGHWAY SYSTEM CAPACITY IMPROVEMENT PROJECTS IN FY 2002/2003 - FY200612007 ADOPTED WORK PROGRAMS (As Programmed $ Millions) Florida Depllrtmentof ",,,,,.,,O,.tlon Amount FDOT Adopted Work Program $ 7,170 Expressway Authorities .. Amount Miami/Dade Expressway Authority Adopted Work Program $ 711 Orlando/Orange County Adopted Work Program $ 701 Tampa/Hillsborough County Expressway Authority Adopted Work Program $ 222 Sub-total Expressway Authorities $1,634 ,; Tota/F/Orldll'"trastateHillhw.yay.,., . , Amount Total FIHS Adopted Work Programs $ 8,804 ¡"-'¡','1Ìj Page 24 Status Report As of January 1, 2003 :' J" HI " ILITY '-' Figure 6 ADOPTED WORK PROGRAM TRENDS*, FIHS CAPACITY IMPROVEMENT PROGRAM FY 1996/1997 - FY 2006/2007 2002 DOLLARS (Including Product Support, Right-of-Way, and Construction Costs) $7.5 $7.0 $6.5 $6.0 $5.5 $5.0 $4.5 Funds programmed for FIHS capacity improvements have increased approximately 98 percent since adoption of the FY 1996/97 - FY 2000/01 Five Year Work Program. $6.699 Ci) ~ $4.0 ã5 $3.5 ~ $3.0 $2.5 $2.0 $1.5 $1.0 $0.5 $0.0 96/97-00/01 97/98-01102 98/99-02103 99/0Q..03/04 00/01-04/05 01/02-05/06 02103-06107 FDOT Work Program Five Year Period Source: FDOT's Financial Management (FM) Database July 2002 * See discussion beginning on page 22. FIHS~ MOBILITY .,""'" " J\~~ Status Report As of January 1, 2003 Page 25 \.. ~ THE FLORIDA INTRASTATE HIGHWAY SYSTEM (FIHS) MASTER AND ACTION PLANNING The first step in programming FIHS improvements involves preparation of Multimodal Master Plans for the Interstate, expressway, and Turnpike corridors and Action Plans for the major arterial routes. The Department is continuing to develop these plans. The Multimodal Master Plans identify, through multimodal systems analysis, short and long term capacity improvements to limited access highways. They are also coordinated with other transportation modes and local transportation plans. The full range of issues impacting potential corridor improvements is examined, including environmental, land use and access issues. These plans are developed in cooperation with the Department's many partners, including citizens, Metropolitan Planning Organizations, local governments, transit agencies, other governmental agencies, and the business community. Action Plans identify and phase major capacity improvements necessary to bring the controlled access facilities up to FIHS standards. They also identify relatively low-cost interim, multimodal and short-term improvements to protect the operation and safety of controlled access facilities. Action Plans may be developed prior to, or may be a part of PD&E, depending on production schedules. Master Plans and Action Plans together comprise FIHS corridor plans. Currently, as shown in Figure 7 on page 27, the Department has FIHS corridor plans completed, ongoing or programmed on 3,033 miles of FIHS facilities, including prior year project development and design studies upgraded to FIHS planning requirements. In addition, corridor plans are needed in the future on approximately 65 miles of the FIHS. Major Master Plan activity includes: 1. Interstate-4 The original multi-District corridor studies include the 108-mile segment from the Hillsborough/Polk County line to the 1-95/1-4 interchange in Vol usia County. The Master Plans considered multimodal capacity improvements, with particular emphasis on the Metro Orlando area, truck and freight movements corridor-wide, and highway or other modal connections with ports, recreation facilities and major attractions. With all Master Plans complete, project development and environmental (PD&E) or construction efforts are now underway on the entire corridor. Funds for six lane construction or interchange improvements have been programmed in the Department's Five Year Work Program and identified in the Ten-Year FIHS Plan. The Department has also programmed funds to complete the six-Ianing of 1-4 through Polk County. Six-Ianing the 1-4 corridor from Tampa to Orlando is either now under construction or programmed for construction in the Department's Five Year Work Program. In District 5, the replacement of the St. John's River Bridge, including associated six-Ianing of the 1-4 corridor into Volusia County to Saxon Boulevard is currently underway. "i'~~ Page 26 Status Report As of January 1, 2003 , \~"~' liS ;ø·. , L , T Y Figure 7 FIHS CORRIDOR PLANS (Master Plan / Action Plan Status) .... .+" ... ..,. United Stales ~ ..J 2. Southeast Corridor The Southeast Corridor studies encompass the limited access facilities, linkage to Tri- Rail, and the Turnpike System in Dade, Broward and Palm Beach Counties. Interregional coordination efforts continue for this vital transportation network. The Southeast Regional Planning Model (SERPM) continues to be the backbone of the analysis effort, and includes multimodal analysis capability. District 4 is near completion of the 1-95/1-595 Master Plan, which will include a reversible roadway and a capital transit system in the 1-595 corridor. Other improvements in the Master Plan include modifying the 1-95/1-595 interchange, modifying the 1-595/Turnpike/SR-7 interchange, completing the 10-laning of 1-95 in northern Broward County and southern Palm Beach County, and constructing a new 1-95 interchange at SR-710 to provide access to the Port of Palm Beach. Also near completion is a joint District 4 and District 6 Master Plan of the 1-75 corridor between SR-826/Palmetto Expressway and 1-595. It includes major capacity projects such as a reversible roadway and a transitway connecting to the Miami Metrorail System. The Master Plan also contains freeway and transit management improvements including operational, Intelligent Transportation System (ITS) concepts, and staged transit development plan to improve transit usage before proceeding with the construction of the transitway. Other District 4 and 6 FIHS corridor-planning activities include: · A review of the 1-95 corridor in District 6 has provided an innovative special use lane strategy for evaluation. · The Krome Avenue study recommended a series of access management measures and intersection improvements at major crossings. These recommendations are being implemented. · Palmetto Expressway studies have identified interchange improvements to manage traffic. Palmetto HOV Staging Reevaluation study was completed in Fall 2001, proposing HOV designation north of NW 74 S1. (future Metrorail transfer station) and general purpose designation to the south. · An 1-195 study identifies improvements to provide relief for the Interstate and improved traffic access and circulation in the Miami Design District. · An Action Plan on US-27 is underway in Districts 4 and 6. The District 4 study is focused on operational and safety improvements to reduce fatalities and to maintain capacity through access management and intersection capacity enhancements. · The preferred alternative from the US-1 18-Mile Stretch PD&E is being reviewed to include an off-road, shared-use path connecting to the Overseas Heritage Trail in the Florida Keys as part of the National East Coast Greenway. In summary, operational improvements in all three counties, including significant ITS investments, are being programmed and accomplished to manage the limited and controlled access FIHS network in the Southeast Corridor. >.' Page 28 Status Report As of January 1, 2003 . "'~!\t ~. .. ,"".'L IT Y '-- ....¡ .- .....-.-..... 3. Interstate-95 in Jacksonville The Master Plan study for this 15-mile section of 1-95 from San Diego Road north to SR- 102 (Airport Road) has been completed. Improvements have been identified and are being programmed. Additionally, projects are under construction to six-lane 1-95 from 1-295 to the Florida/Georgia border, connecting to the existing six-lane 1-95 facility in Georgia. 4. Interstate-75 The multimodal Master Plan for the 126-mile corridor from Naples to Bradenton has been completed and accepted by FHWA. Interchange modifications and safety improvements are funded in the Department's Five Year Work Program at Golden Gate Parkway in Collier County and at Alico Road and Colonial Boulevard in Lee County. 5. Interstate-1 O/lnterstate-11 0 The multimodal Master Plan for the 49-mile 1-1011-110 network in the Pensacola area recommended safety and capacity improvements. Interchange modifications have been funded in the Department's Five Year Work Program to provide improvements to the network and widening of 1-10 from US-29 to Davis Highway is under construction. 6. Interstate-10 This completed 193-mile multimodal Master Plan for 1-10 from the Santa Rosa/Okaloosa County Line to the Jefferson/Madison County Line concentrates on safety and capacity "hot spots" in the corridor, with primary emphasis in Leon County. Six-Ianing of 1-10 from US 27 to US 319 in Leon County is funded in the Department's Five Year Work Program. A new master plan for the portion of 1-10 from the Jefferson/Madison County Line to Jacksonville was begun in 2002. 7. Florida's Turnpike The Turnpike System Plan is a Master Plan for the Turnpike System. It includes a comprehensive review of potential Turnpike projects identified by governmental agencies, public forums, and the business community, as well as capacity needs based on the future growth of traffic. Projects identified include expansion projects, interchanges, capacity improvements, and electronic and other toll plaza modifications to improve patron service. Future funding strategies are also being examined. 8. Project Development &Environmental Studies (PD&E) As of January 6, 2003 approximately $40 million worth of PD&E studies phase were programmed in the first Five Years Work Program plus current year (FY 2002/03 _ FY 2007/08). PD&E studies are funded on approximately 494 miles. Of these projects, 10 have the construction phase programmed. Figure 8 on page 30 displays the PD&E studies (as of January 6, 2003). (J(.' , Status Report As of January 1, 2003 Page 29 1)'" . FINS~ MDBILITY Figure 8 ....,J FIHS PLANNING AND PROGRAM DEVELOPMENT The FIHS planning process includes a series of planning efforts to develop a fundable plan for potential projects. The process is designed for periodic updating, and is a coordinated Department-wide process responsive to legislative direction, local governmental needs and anticipated funding. Figure 9 on page 33 illustrates the process, with the following sections describing major component plans. 1. The 2020 Florida Transportation Plan During 2000, the Department completed a major effort with its partners to update its multimodal, statewide long-range transportation plan, the 2020 Florida Transportation Plan (FTP). The goals and objectives in the FTP are a policy framework to guide investments in Florida's 21st Century Transportation System that will enhance Florida's economic competitiveness, among other goals. The F/HS is vital to Florida's economic prosperity. It is the backbone of Florida's major trade and tourism network, linking critical seaports, airports, and tourist destinations to each other and to their markets. 2. FIHS Needs Plan Identification of improvements needed by 2010 and 2020 to respond to both current and anticipated congestion, and to provide additional mobility and continued safe operations on the FIHS, was completed in 1999. The FIHS Needs Plan was published during 2000 as an element of the F/HS Modal Plan consisting of Needs Plan and Cost Feasible Plan elements. Minor adjustments to the Needs Plan database were conducted during 2001 to keep the plan up to date. 3. Needs Plan Cost Estimate The cost of needed capacity and safety improvements on the FIHS is estimated to be $31 billion and $47 billion for 2010 and 2020 respectively, expressed in 2000 dollars. Table 4 on page 34 provides details. 4. Impact of Federal Revenue Reduction In 2002, the FIHS program was affected by an estimated $615 million Federal revenue reduction as a result of an anticipated decrease in gas tax collections. Every effort was made to minimize the impact to the F/HS Work Program. The Financial Planning and Program Development Offices mitigated, through cash flow and bonding techniques, about half the impact. After mitigation, there was a net reduction of $305 million in the FIHS program beginning in FY 2004. Projects in the Tentative Work Program and FIHS Ten-Year Plan were the focus of adjustment to compensate for the reductions in revenue. Affected projects included Mobility 2000 projects, as well as other FIHS projects. In order to protect the Department's long-range production, construction phases were the target for the revenue reduction. A total of twenty-three projects over the ten-year period were affected. Five projects were affected in the Tentative Work Program FY 2003/04 - FY 2007/08. Of these five projects, two were moved into the 2nd Five Years. Most projects FIHS~ MOBILITY ¥1.¡:f: : ~~~~\ Status Report As of January 1, 2003 Page 31 '" <- .,;~... , '-" ....., THE FLORIDA INTRASTATE HIGHWAY SYSTEM (FIHS) within the FIHS Ten-Year Plan were delayed only one year, while only six projects were delayed two years. These adjustments are summarized in Table 5 on page 35. 5. Development of the FIHS Cost Feasible Plan During 1999, the Department updated revenue forecasts for the FIHS to include Congressional action and the redirection of currently available resources to the FIHS. The FIHS is funded by a combination of statewide managed funds and funds managed at the District level. The component of the FIHS Cost Feasible Plan funded with statewide managed funds was developed during 1999. The Department's Decision Support System along with other analyses were used to assess the highest priority needs from the FIHS Needs Plan for inclusion in the 2020 Cost Feasible Plan, balanced to funds forecast to be available through 2020. The same process was accomplished by the Districts during 2000 in developing the component of the 2020 Cost Feasible Plan funded by funds managed at the District level. During this effort, Mobility 2000 was passed by the 2000 Legislature and the revenue forecast was updated to include this action and extended to 2025. This made it possible to update the 1999 Cost Feasible Plan analysis to the latest revenue forecast through 2025 for all of the FIHS funded with both statewide and District managed funds. This effort was completed and published during 2001 as the Cost Feasible Plan element of the FIHS Modal Plan. Since FIHS needs for 2020 exceed revenues forecast for 2025, it is not necessary to update the FIHS 2020 Needs Plan prior to developing the FIHS 2025 Cost Feasible Plan. Based on analysis of current and projected traffic conditions, the FIHS Cost Feasible Plan is developed using these strategies: · Widen major trade and tourism corridors to at least 6 lanes · Fund cost-effective interim construction in major urbanized areas where the ultimate construction is too costly to build at one time · Widen hurricane and other emergency evacuation routes to at least 4 lanes · Widen 2 and 4 lane missing links to complete important regional networks. In 2002, significant progress was made towards an update of the 2025 FIHS Cost Feasible Plan. Anticipated completion is first quarter 2003. ~~'<'~ ~ '.... ~""'"Ø~ ' Page 32 Status Report As of January 1, 2003 : flJ;: ,~,;ø~<. L "'T Y ....., Figure 9 FIHS PLANNING AND PROGRAM DEVELOPMENT PROCESS START ,--- I 1 I I 1 I I 1 1 1 I 2020 Florida FIHS Needs Plan Decision Support Determine FIHS Needs ... .. Transportation .. ., System (DSS) ... 2010 Needs: $ 31 billion Plan (FTP) 2020 Needs: $ 47 billion ~ (2000 Dollars) · MPO Plans Update · Expressway Authority Plans Needs Plan · Action Plans Cost Estimates · Master Plans · Modal Plans 1 · LGCPs 'tr · Five Year Work Program Revenue .. Balance Needs Forecast -.. To Revenue , FIHS 2020 and 2025 Cost Feasible Plan MPO ~ .. I II I """ .. Coordination Interstate Non-Interstate ,~ Ten-Year FIHS Plan (FY2003/04 - FY2012113) I Interstate II Non-Interstate I ~~ ,Ir MPO Coordination j FEEDBACK TO FTP ." Five-Year Work Program ~ -------------------------- .... 1--- FIHS~ MOBILITY ¡¡: :,;,';' :~,i. Status Report As of January 1, 2003 Page 33 J" " ~ ...,¡ Table 4 FIHS 2010 AND 2020 NEEDS PLAN COST ESTIMA TE (Year 2000 Dollars in Billions) Interstatellnterstate Relievers $16.8 $22.8/$4.2 0.5/5.6 1.7/8.1 Arterials 7.4 9.5 Interrnodal 0.5 0.9 Total $30.8 $47.2 Note$: It is appropriate to express FIHS Needs to the nearest Billion: 2010 FIHS Needs = $31 billion; 2020 FIHS Needs = $47 billion, both expressed in year 2000 dollars. Analysis conducted to develop the FIHS Needs Plan shows there will continue to be serious congestion on the Interstate System through 2020. Interstate relievers projected to cost $4.2 billion will be needed to address this condition. .",.¡þ.;,¡. ' Page 34 Status Report As of January 1, 2003 "o:·,~~t~, '> , . ,.,LITY >oJ FIHS~ MOBILlry :ë: ~ a::: ~ >: ::2: t!:! U,) ;S La: ~ .-; :ë: o ~ ¡:::~ og ;:)C"ooI fð:f a:::--- ~ ~ :s; LIJ a::: -J m ffi La: ~ .... o ~ :I - i . - . - : t -- -- ,-_.. -- . . ...... ...... NN, ::¡ ::¡, , . , ('I') (W'):~ 'f--'~ ..- ,-'('t') {:; ~:~ ~ ~!(W) 0) o)¡~ ...........:;f - --'- ........... ...... - : Å I -- --- -- -- w (!) ~ ::¡: () IX: W I- Z 0- N~II) IX:No) en ' , (W) ...... ...... -.. C'-- -- ..- ..-..- (I') ..- i ~ ~ ~ :I'~ c ..-..- ~~, g N N N N i~ .- ------- --. '!i--- I N N N (W),.j~ H Table 5 i Å I i ... ¡ I ! 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Development of the Ten-Year FIHS Plan The Ten-Year FIHS Plan is a subset of the 2025 Cost Feasible Plan. It consists of the Five-Year Work Program plus an additional five years. The method of analysis and strategies used in developing the FIHS 2025 Cost Feasible Plan are also used in developing the Ten-Year FIHS Plan. The Ten-Year FIHS Plan is also funded with a combination of statewide managed funds and funds managed at the District level. The Ten-Year FIHS Plan is updated annually. New projects entering the Five Year Work Program flow from the improvements identified in the five-year period following the Work Program. Figure 10 on page 39 is a map of the FIHS Tentative Work Program plus current year, FY 2002/03 through FY 2007/08. It shows capacity improvement construction, related right-of-way acquisition and Intelligent Transportation System improvements programmed through FY 2007/08. See Figure 11 on page 40 for a map of the statewide program improvements planned for FY 2008/09 through FY 2012/13. Actions planned as shown on Figures 10 and 11 are subject to changes in estimated construction and right-of-way costs and inflation rates; adjustments to state and federal revenue forecasts; and changing state and federal environmental regulations. .,> ~'4'"3:q\ "'" ~ !" Page 36 Status Report As of January 1, 2003 ;~~i " . HIllS :O.,L,TY '-'" ....1 EXPRESSWAY AUTHORITY ACTIVITY SUPPORTING DEVELOPMENT OF THE FIHS In addition to the Department's efforts to plan, develop and program improvements to the FIHS, Florida's Expressway Authorities are also making major contributions. These efforts are summarized as follows: 1. Miami-Dade Expressway Authority The Miami-Dade Expressway Authority (MDX) has programmed approximately $711 million over the five year period FY 2002/03 - FY 2006/07 for capacity improvements on the FIHS. Major improvements to SR 836 (Dolphin Expressway) include express lanes, interchange improvements, and toll plaza improvements. Connections to the Miami Intermodal Center (MIC) are also included. Toll plaza improvements, interchange improvements, and ramps to the Miami International Airport are also planned for SR 112 (Airport Expressway). Additional Sunpass dedicated lanes are planned for SR 924 (Gratigny Parkway), while toll plaza reconstruction and interchange improvements are planned for SR 874 (Don Shula Expressway). 2. Orlando-Orange County Expressway Authority The Orlando-Orange County Expressway Authority (OOCEA) has programmed approximately $701 million in capacity improvements for FIHS facilities for the five year period, FY 2002/03 - FY 2006/07. These improvements include construction of the extension of SR 429 (Western Expressway) from Seidel Road to SR 50; interchange improvements and widening of SR 408 (Holland East-West Expressway); widening, interchange improvements, and mainline toll plaza improvements on SR 417 (Central Florida GreeneWay); and interchange improvements on SR 528 (Bee Line Expressway). 3. Tampa-Hillsborough County Expressway Authority Tampa-Hillsborough County Expressway Authority (THCEA) has programmed over $222 million in improvements in the five years from FY 2002/03 - FY 2006/07 for FIHS facilities. Construction of elevated reversible-lanes in the median of SR 618 (Lee Roy Selmon Crosstown Expressway) and preliminary engineering and design of the new 1-4/Crosstown Connector with access into the Port of Tampa are planned. FIHS~ MOBILITY ""'~. ~ , 'é~,:' Status Report As of January 1, 2003 Page 37 ì, , 'wi INTELLIGENT TRANSPORTATION SYSTEMS (ITS) The Department's Intelligent Transportation Systems (ITS) Office was created in July of 2000 to implement the findings of the Department's 1999/2000 ITS Strategic Plan. The work of the ITS Office is logically split between ITS deployment issues and telecommunications infrastructure issues. The ITS Office functions primarily as a hub and spoke management center, serving seven FOOT Districts and Florida's Turnpike Enterprise and also providing liaison to: FHWA, industry trade organizations, the Metropolitan Planning Organization Advisory Council (MPOAC), academia, consultants and contractors. Within the FOOT Central Office, the ITS Office coordinates closely with Planning, Operations and Maintenance. In Year 2002 the ITS Office has taken full responsibility of long-range planning and program administration. The FOOT Executive Committee adopted the Ten-Year ITS Cost Feasible Plan (Plan) on October 23, 2002. This Plan was developed to coordinate the programming and deployment of ITS services along the five principal limited-access corridors of the FIHS over the next decade. The Plan identifies the phased implementation of ITS projects from 2002 to 2012 using $496 million in ITS Program funds and another $200 million in district controlled funds. Programmed projects also include approximately $82 million for telecommunications infrastructure to support the ITS deployments. The Plan includes freeway and incident management services on 63 percent of the limited- access facilities, covering all urban areas within the state, with the exception of 1-75 in Gainesville and Ocala and SR 9A in Jacksonville. Additionally, the Plan includes 511 traveler information services for the entire state and provides additional broadcast traveler information in major metropolitan areas, serving 78 percent of Florida's population. Other programmed ITS services include statewide Highway Advisory Radio (HAR) and Road Weather Information System (RWIS) deployments, a Regional Traffic Management Center (RTMC) Software Library and Configuration Management Process, and Commercial Vehicle Electronic Credentialing, Automated Routing Software, and Information Exchange Window (CVIEW). The Plan also provides funding to expand the number of regional transportation management centers from the five that exist today, to eleven by 2012. Current ITS Office initiatives include: · upgrading the Department's microwave system to support ITS deployments; · assessing wireless solutions to telecommunication needs; · developing standards and specifications to provide a uniform basis of ITS design; · development of a system engineering management plan to establish a standard process for design, construction and acceptance of ITS deployments; · conducting probe data studies to determine the feasibility of utilizing transponders and license plate readers in determining travel times; · updating Florida's ITS Strategic Plan; and · implementing initiative to improve commercial vehicle operations. Estimated benefits derived from the implementation of the Plan include saving 120 lives, preventing 11,000 traffic related injuries, preventing 26,000 accidents and saving 20 million hours lost in congestion over the next decade. , '~ »1£ Page 38 Status Report As of January 1,2003 , ':'f" HI <08 LITY TENTA T/VE YEAR Southeast Corridor Ca~1ty Improvement Construction H++ Under c::oostructlon or oþen to Traffic Since Estabiishment of !h.. FiH$ Existing _ PropollOO route. MDM J¡. · . ~ Exhibit D SIS Draft Plan 2003 ...." 1:: = go 5 ~ .~ CJ ª8= 8.1S~ "'o~ c",E-t e.\:! ""- ¡.......~ .....·E:; os.... i:!(/)Þ-( uc~ ßOÞ.O ¡¡o,;: øs ø. t!g t u ~ o ~r~ {I..- .::... ~ o¡"" :I - = ¡,¡. = -< M Q Q M .... o o N oô o '2 ~ ! o i:! æ ¡. J «~<......<...«...««««««<...«<~ ~ ~~~~~~8~=8~~~~~~o~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~=~~~~~~=~ ., ~ O, ¡,¡.¡,¡.¡,¡.¡,¡.¡,¡.¡,¡.¡,¡.¡,¡.¡,¡.¡,¡.¡,¡.¡,¡.¡,¡.¡,¡.¡,¡.¡,¡.¡,¡.¡,¡.¡,¡.¡,¡.¡,¡.¡,¡.¡,¡.~¡,¡.¡,¡.¡,¡.¡,¡.¡,¡.¡,¡. 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LUCIE COUNTY - BOARD ..., WARRANT LIST #18- 10-JAN-2004 TO 16-JAN-2004 FUND SUMMARY TITLE General Fund FTA-001-49 USC Sec 5307 96/97 FTA USC Section 5307 FY 99/00 FTA Section 5303 Grant FY01 FTA Section 5303 Grant FY01/02 Section 112/MPO/FHWA/Planning 2004 USDOJ Violence Against Women Grant CSBG Grant FY04 Urban Mobile Irrigation Lab 03/04 FDCA/EMPA 2004 TDC Planning Grant FY 03/04 SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Ped. Coordinator 03/04 Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper Southern Oak Estates Lighting Port & Airport Fund Port Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Arbitration/Mediat Ct Admin.- Teen Court OSCA Traffic Infraction FY02/03 OSCA Traffic Infraction FY03/04 FHFA SHIP FY02/03 FHFA SHIP FY03/04 FHFA SHIP 99/00 Impact Fees-Parks County Building Fund County Capital Pepper Park Dune Crossover Sports Complex Improv Fund Environmental Land Capital Fund Treasure Cove/Ocean Harbor S Cap Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund EXPENSES 344,929.76 21,469.00 21,345.00 28.91 1.00 998.97 11,499.64 1,307.85 107.65 4,883.16 58.51 111.45 348,649.42 1,900.00 2,600.00 21,086.52 5,005.31 117.93 453.63 163,265.22 76.34 105.46 42,201.82 113.98 4,544.89 106.10 994.45 362.16 97.24 490.00 236.32 440.00 1,040.00 258.20 150.43 54.70 8,296.00 32,357.34 666,465.76 301.95 1,412,352.33 397,545.56 497.03 25,161.26 10,220.97 1,805.52 22,082.39 14,481.81 PAGE 1 PAYROLL 522,941.66 0.00 0.00 370.80 0.00 4,879.48 0.00 1,436.78 1,261.54 0.00 778.32 1,261.54 118,825.24 0.00 0.00 49,729.80 5,113.04 1,366.19 1,728.81 126,009.75 879.62 27,167.26 0.00 0.00 11,345.82 0.00 2,666.40 4,181.86 1,171.85 0.00 1,970.41 0.00 0.00 0.00 3,803.95 753.55 0.00 0.00 0.00 3,662.13 0.00 0.00 0.00 48,134.47 24,576.00 607.70 13,798.37 8,380.22 01/16/04 F7.ABWARR FUND 449 451 458 461 471 478 479 481 489 491 505 505001 611 '-' ST. LUCIE COUNTY - BOARD ...",¡ WARRANT LIST #18- 10-JAN-2004 TO 16-JAN-2004 FUND SUMMARY TITLE 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 Airport Util - Capital Fac Fund Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund GRAND TOTAL: EXPENSES 6,456.05 22,307.23 19,294.49 18,687.67 14,826.14 1,573.38 14,501.99 1,487.01 3.97 12,158.79 558,401.65 11,279.00 5,834.79 4,279,471.10 PAGE 2 PAYROLL 6,958.32 12,512.40 9,164.78 10,079.96 9,756.48 4,900.37 9,912.80 0.00 1,629.49 38,766.34 5,115.27 0.00 4,945.61 1,102,544.38 '-" '-' 01/16/04 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR VOID LIST# 18- 10-JAN-2004 TO 16-JAN-2004 :r-v.LID: 390 - Treasure Cove/Ocean Harbor S Cap CHECK INVOICE VENDOR TOTAL 00305796 12403345 Harbor Federal 497.03 FUND TOTAL: 497.03 ...' '" AGENDA REQUEST ITEM NO. c-2A DATE: January 20, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) PRESENTED BY: Michael Powley, P.E. County Engineer SUBJECT: Amendment NO.1 to Work Authorization No. 12 (COO-10-112) with Kimley-Horn and Associates, Inc. for Roadway and Intersection Design at Edwards Road and Selvitz Road- Condemnation of MacAdie Property BACKGROUND: On June 15, 1999, St. Lucie County entered into an agreement with Kimley-Horn and Associates to provide design and permitting services for Edwards Road and Selvitz Road Intersection Improvements. The project includes expansion of the intersection to include turn-lanes and stormwatertreatment. Construction is funded in the Capital Improvement Program approved by the Board in 2002. On October 14, 2003, Work Authorization 12 was issued to develop a boundary survey of the proposed right-of-way acquisition area from the MacAdie property. The attached Exhibit "B" to Work Authorization No. 12 is amended to include the additional fees for surveying services as it relates to the proposed condemnation of the MacAdie property in the amount of $4,680. FUNDS AVAilABLE: Funds will be made available in 101002-4112-563003-4114 Transportation Trust-Constitutional. PREVIOUS ACTION: 6/15/99- Board approved the work authorization with Kimley-Horn for design of intersection improvements at Edwards Road and Selvitz Road. 2/20/01 - Board approved the work authorization with Kimley-Horn for retention pond analysis. 9/18/01 - Board approved the work authorization with Kimley-Horn for additional survey and engineering for the development of legal sketches and description associated with the p01d improvements. 2/12/02 - Board approved the purchase of the retention pond site. 3/15/02 - Board approved the work authorization with KimleyHorn for a boundary survey of the retention pond. 4/15/03 - Board approved the work authorization with Kimley-Horn for surveying, design of stormwater conveyance system and swale improvements, and the preparation of sketch and legal descriptions. 10/14/03 - Board approved WA 12 with Kimley-Horn and Associates for property boundary surveys. RECOMMENDATION: Staff recommends the Board approve Amendment NO.1 to Work Authorization NO.12 (COO-1 0-112) with Kimley- Horn and Associates, Inc., in the amount of $4,680, for additional survey cost rei d to the condemnation of the MacAdie property, and authorize the Chairmen to sign. COMMISSION ACTION: ~ APPROVED [ ] OTHER [ ] DENIED Approved 5-0 ~ [x] County Attorney [x] Originating Dept Public Works Edwards Selvitz wa 12amend#1 r. adkh ag.doc ~- Dou a Anderson Coun Administrator Coordination Si~natur~ ~~ .r.A. [x] Mgt. & Budget ~FJ Y71 v [x] Revenue COOL £f\"\ Ix] Co. Surveyor ~:p: [] Other ' :/0 ¡; ~ \wt "'" AMENDMENT NO.1 WORK AUTHORIZATION NO. 12 Engineering Services Roadway and Intersection Design COO-1O-112 Edwards Road and Selvitz Road Church Boundary Survey THIS AMENDMENT is made this day of , 2003, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County") and Kimley- Horn & Associates, Inc. (the "Engineer"). On October 14, 2003, the County issued Work Authorization No. 12 to the Engineer to develop a boundary survey of the proposed right-of-way acquisition area from the MacAdie property in accordance with the terms and conditions of the October 1, 2000 Agreement between the County and Engineer for Continuing Professional Engineering Services (the "Continuing Contract"). Exhibit "B" to Work Authorization No. 12 is amended to include the additional fees for condemnation of Task 2. IN WITNESS WHEREOF I the parties have caused this Amendment No. 1 to Work Authorization No. 12 to be executed and delivered, effective as of BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Chairman Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: KIMLEY -HORN AND ASSOCIATES I INC. BY: Print Name: Title: Date: g: \atty\agreemnt\work.aut\kimley-horn-Ancient OakslaW A4 .. ~ ......, ""'" EXHIBIT "A" SCOPE OF SERVICES Task 1 - Christian Fellowship Alive Ministries Boundary Survey We will perform the field work and drafting necessary to develop a boundary survey of the proposed right of way acquisition area from the Christian Fellowship Alive Ministries which fronts Edwards Road. We understand that the survey is to be used for right of way acquisition of the frontage for improvements to the Edwards Road / Selvitz road intersection. Task 2 - MacAdie Boundary Survey We will perform the field work and drafting necessary to develop a boundary survey of the proposed right of way acquisition area from the MacAdie property which fronts Edwards Road. We understand that the survey is to be used for right of way acquisition of the frontage for improvements to the Edwards Road / Selvitz road intersection. .. .. ~ '-II EXHIBIT "C" SCHEDULE The work as described in Task 1 and 2 will be completed within 30 days from the time that notice to proceed is given for the respective task. .~. .... 'Ir "" -oJ EXHIBIT "B" FEE We will accomplish the service outlined in Task 1 and 2 for the fee (inclusive of expenses) as follows: æ! Fee Task 1 Christian Fellowship Alive Ministries Boundary Survey Task 2 MacAdie Boundary Survey Condemnation $1,900 $2,'780 Total Fee $4,680 , ~ """ AGENDA REQUEST ITEM NO. C-2B DATE: January 20, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: Approval of the First Amendment to Work Authorization No. 1 (Contract COO-l 0-1 06) with Inwood Consulting Engineers, Inc. for the boundary survey for the partial parcel that is being acquired at Weatherbee Road and US 1 in the amount of $2,854. BACKGROUND: The intersection of Weatherbee Road and US 1 needs improvements. The addition of dedicated turn lanes will reduce bottlenecks currently being experienced. These improvements require the acquisition of the property on the northwest comer. J On June 15 1999 a Work Authorization was approved with Inwood Consulting Engineers, Inc. for the design, permitting, and signalization at the intersection of Weatherbee Road and US 1. On November 12,2002 a Work Authorization was approved for additional survey and design work to identify property for RJW acquisition. FUNDS A V AILABLE: Funds will be made available in Fund No.1 0 1 006-4116-563005-4407 and 101006-4116-563021-4407 (Transportation Trust / Impact Fees). PREVIOUS ACTION: On June 15, 1999 the Board approved the Work Authorization for the design, permitting, and signalization at the intersection of amount of $38,995. On November 12, 2002 the Board approved the Work Authorization for additional survey and design work to identify property for RJW acquisition in the amount of $33,045. RECOMMENDATION: Staff recommends the Board approve the First Amendment to Work Authorization No.1 (Contract COO-I0-106) with Inwood Consulting Engineers, Inc. for the boundary survey for the partial parcel that is being acquired at Weatherbee Road and US 1 in the amount of $2,854. COMMISSION ACTION: DI APPROVED [] DENIED _ [] OTHER Approved 5-0 Dou Anderson Þ County Administrator [x] County Attomey ~[x] Mgt. & Budget Uf) Vn Y1\~ [x] Purchasing [x] originatin;;t. Public Works ' [x] Project. Man. Pì H [x] Department Rev. Coor. [x] Fmance ~ _ (Check for copy on y, if applicable) if\ tJ{<../ ~l --1\\ ./1 crt) c,! BAt1 ~ "WI Contract: COO-1 0-1 06 Work Authorization #1 Amendment No. 1 First Amendment To November 12,2002 Work Authorization #1 with Inwood Consulting Engineers This First Amendment dated this _ day of , 2003, is by and between St. Lucie County, a political subdivision of the State of Florida, hereinafter referred to as the "County" and Inwood Consulting Engineers, hereinafter referred to as the "Consul tant". Whereas, on October 1, 2000, the County and the Consultant entered into an Agreement for Continuing Engineering Services, Contract COO-1 0-1 06, Work Authorization #1, dated November 12, 2002, wherein the Consultant agreed to provide professional engineering for the Weatherbee Road and US 1 Intersection Project; and, Whereas, the parties desire to amend the November 12, 2002 Work Authorization #1 to allow the Consultant to perform a Boundary Survey of a parcel on Weatherbee Road. Now, Therefore, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Paragraph 2, SCOPE OF WORK, Exhibit "A", is amended to add: CONSUL T ANT will retain Southeastern Surveying and Mapping Corporation (SSMC) to perform a boundary survey. The boundary survey work will be in accordance with Chapter 61G17-6 F.A.C. to include the following: a. Recover and check horizontal control points established for previous Design and RIW work. b. Recover and tie existing parcel monumentation on the subject parcel and those adjoining thereto. c. Locate all improvements impacted by the proposed acquisition. d. Reset missing corners on the Parent Tract as well as directional changes along the Acquisition Parcel. e. Review Title Search and plot schedule "B2" documents (exceptions) on the Boundary Survey where applicable. f. Prepare Boundary survey of the Parent Tract illustrating both the Acquisition and Remainder Parcel dimensions certified to the St. Lucie County Board of County Commissioners and the underwriting title company. 2. Paragraph 4, TIME OF PERFORMANCE, Exhibit "B", is changed by this Contract Amendment. Project completion is scheduled for December 31, 2003. E:\Clerical\Jobs\SLC-005\SLC-005-11- W eatherbee-Boundary\Proposal\Amendmentl (SLC-005-11 ).doc ~ """" 3. Paragraph 4, COMPENSATION, is amended to add the following: For performing the services described herein, the County shall pay to the Consultant a lump sum amount of two thousand eight hundred fifty-four and no/1 00 ($2,854.00) dollars. This Amendment brings the total lump sum compensation to thirty-five thousand eight hundred ninety-nine and nollOO ($35,899.00) dollars. 4. Except as amended herein, the remaining terms and conditions of the November 12,2002 Work Authorization #1 shall remain in full force and effect. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney WITNESSE : " f;¿¿:¡{¡.'IJÜ[ij;: 1t~ INWOOD CONSULTING ENGINEERS .... \ C?1 "--..... (.") \ ). BY: kj l1-t..J ¡-.-I lb. Q /Y¡r,~ Print Name: DOcv,d G. Co lewJdtn Title: V I 'c e Pr'Es'-dt:v,t E:\Clerical\Jobs\SLC-005\SLC-005-11- W eatherbee-Boundary\Proposal\Amendmentl (SLC-005-11 ).doc m .... m - :J: >< W en w CJ >-' a:< wen enO ,,0- zO -a: a: 0- Ww Ww ZIL a Z w c o ti ~ .. £ ." 8 a:: ~,.. a:: ~ ~ ~ .. rJ .. :t ~õ .....:10 ~¡:." u)::J> ::iÆl! ái .. ~g~ z;:¡ ~.g. ¡¡ 'õ:;: 2- d:~.t I ~ " 0 0 0 J: .. on on .. 1i cO aó g>a:: ~ ~ i ... ... < Ii ..J iil. 8 8 < 8~ ~ oi ~ 0 ~~ u; on ~ ... ... ii rJ ,.. ~l. ~- " > ... ... 1!ti fi< " .. c 1i 8 a:: ~ II ,.. 'ü cO .¡: ;: on 0 " ... ... .c 0 ~ J: 0 I!! ~ " 0 0 0 0 .c c II " .. 1i 8 I a:: 8 ~ M d ..... ~ " ... ... 0 w J: Ü .. I!! õ " It 0 0 0 .c c II " .. 1i 8 I a:: 8 ~ .,; d 0> ï;, " ... ... 0 c J: w Ii .. ë ðJ ~ 0 0 .c c II " .. 1i 8 8 & a:: ~ M øi ! N CD " ;;; ~ II 0 " J: ~ I!! 'ë " Q. 0 '" ... .c c II " .!! .. II 8 8 '" a:: .! .?:- .,; ~ ~ ... 0 ;;; ... .5 J: I .. g j ð: ~ ~ C II " .. II ;> .. ,.. '" 1: .æ: ... :¡ ~ .. 0 01 ~ II C II ~ " ü .. 'ë" Q. ¡¡ - "" 1i U) II 0 U) i ~ .. ., .. ... 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William C. Rowe, P.S.M. Rickey J. Travis, :I.S.M. Land SUNeyfng a Mlipplng Sfwic8S . Svb-Svrface Utility De$/gnstion & Location SeNfces . GPS Asset InventorilJs . GeographIc Information SystlJfflS October 1St 2003 VIA FAX: (407) 971-8955 Mr. David G. Coleman, P.E. Inwood Consulting Engineers, Inc. 3504 Lake Lynda Drive, Suite 365 Orlando, Florida 32817 RE: Weatherbee Road @ U.S. 1, St. Lucie County Proposed Acquisition Parcel, NW Corner of Weatherbee Road and U.S. 1 Dear Mr. Coleman, We are pleased to submit our Proposal for surveying services on the above referenced project. SCOPE OF WORK: Provide a Boundary Survey in accordance with Chapter 61 G17-6 F,A.C, to include the following: 1. Recover and check horizontal control points established for previous Design and R/W survey work 2. Recover and tie existing parcel monumentation on the subject parcel and those adjoining thereto. 3. Locate all improvements impacted by the proposed acquisition, 4. Reset missing comers on the Parent Tract as well as directional changes along the Acquisition Parcel 5. Review Title Search and plot schedule "B211 documents (exceptions) on the Boundary Survey where applicable. 6. Prepare Boundary survey of the Parent Tract illustrating both the Acquisition and Remainder Parcel dimensions certified to the St. lucie County Board of County Commissioners and the underwriting title company. I\ServeMdrnjn\DATAlProp09alllnwood COI\SI,ltil1~ Engil1:crs\4760J WCAtl1a,bee Rd @ us 1 Acquisition Survey Scope.wpd OFFICE LOCATIONS 6500 All American 8oulevard, Orlando, Florida 32810 407/292-8580 Fa ( 407/292-014' e-mail: info@soulhB8slemsurveying.com 13678 South Railroad Avenue, ChIpley, Florida 32428 850/638-0790 Fax 850/ 638-8069 e-mail: Info@southea!5ternsurveying.oom OcL16.2003 7:44AM ~. - No.7859 P. 3 """'" Page 2 Mr. David G. Colemant P.E. 47601 Weatherbee Road @ U.S. 1 We anticipate completion of the above described work within three (3) weeks after receipt of the title search and written notice to proceed. Our fee for this effort is outlined on the attached fee schedule. Payment is expected within thirty (30) days of invoice. We look fotward to the opportunity to work with you on this project. sL. P&¿¿ ce President/Project Manager LP;j!p If the above scope, period of service and method of compensation meets with your approval, please execute below and fax to Southeastern Surveying & Mapping Corp. as notice to proceed along with the notice of commencement. ACCEPTED BY: Authorized Signature Printed Name Date ''''''-'''"'"A'.,.,,,,,,N,,_, (>~""m, """~".',"I W~",,",," @os I A~"i.,"~ s,~, ""~.,,"'~ ~'~' u ¿¡(/) (/), I- NS:. ..... Q I- .0 ~.~ u" ¿¡(/) (/) u.., >. G» ~ ~ en ~ ca " c ~ o m " ca o a= G» GI .a .. at .c .. ca GI ~ I- :!3: Qil- .0 " ~~ U , ¿¡(/) , (/), u.. I- ,....3: Qil- .0 , ~~, u ¿¡(/) (/) u.. 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C-3A DATE: January 20, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road - Right-af-Way Purchase & Temporary Easement Clyde and Mary Barker - Tax I.D. No. 2428-233-0003-000/7 - Parcels 111 & 725 BACKGROUND: Please see attached memorandum FUNDS A V AILABLE: Funds are avai lab Ie in 101006-4116-561007-4108 (Transportation Trust/Impact R/W) and 101006-4116-561002-4108 (Transportation Trust/Impact Abstract/Title) PREVIOUS ACTION: September 12, 2000 - Board of County Commissioners approved Joint Participation Agreement with FDOT to reimburse, design and construct the South 25th Street widening. RECOMMENDATION: Staff recommends that the Board approve the Contract for Sale and Purchase with Clyde and Mary Barker in the amount of SEVENTY THREE THOUSAND and 00/100 DOLLARS ($73,000.00) as shown on the attached map, authorize the Chairman to execute the Contract and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. ~ APPROVED !:o:._~ [ ] OTHER: [ ] DENIED Approved 5-0 COMMISSION ACTION: [XX] County Attorney: x/ Review and Approvals [XX] Public Works Director:~ [XX] ERD: [XX] County Engineer: [XX] Originating Dept.: :ftvJ- [ ]OMB: Finance: (Check for Copy only, if applicable) Eft. 5/96 G:\ACQ\WP\JoAnn\25th Street\Barker\Agenda Request.wpd '-' ..., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney DATE: January 20, 2004 SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road Clyde and Mary Barker - Tax I.D. No. 2428-233-0003-000/7 - Parcels 111 & 725 BACKGROUND: As part of the Joint Participation Agreement between St. Lucie County and the Florida Department of Transportation (Department), the County agreed to acquire the necessary right-of-way for the South 25th Street Roadway Widening project in accordance with the Department's right-of-way acquisition procedures. On October 23, 2003, offers were made to Mr. and Mrs. Barker in the amounts of $60,000.00 for Parcel 111 and $735.00 for Parcel 725: totaling $60,735.00. The offer amounts were based on an approved appraisal report (for Parcel 111) prepared by Daniel K. Deighan, MAI, and a value finding report (for Parcel 725) prepared by Brian Mekarski: The reports were reviewed and approved by Daniel D. Fuller, MAI, as required by the .Department's procedures. The acquisition area of Parcel 111 is a 14' - 16' wide strip taking along the road frontage of a single-fami Iy residential property. The total area of the taking is 1,552 square feet. Assorted landscaping items (trees and shrubs) are the only site improvements within the proposed acquisition area. However, the residential structure will be within 19' - 21' from the new right-of-way line. Parcel 725 is a 999 square foot Temporary Construction Easement that is needed for tying in and .harmonizing the existing driveway with the new road improvements. On December 10,2003, the Barker's submitted a counteroffer in the amount of $73,000.00, which represents an increase of $12,265.00 over the County's offer. Included in the counteroffer, is a proposal to relocate the existing driveway to the northern portion of the property and away from the residential structure. The owners have agreed to execute a Right of Entry Agreement for the new driveway location, which would eliminate the Temporary Construction Easement. The Barker's initially requested $75,000.00 and the County to demolish the residential structure since they believed they wouldn't be able to lease the house any longer. Currently the Barker's lease the property to their son for $500.00 per month. Although the Barker's did not provide an appraisal or sales data to support \.r' "'" Page 2 Clyde and Mary Barker - Tax I.D. No. 2428-233-0003-000/7 - Parcels 111 & 725 their counteroffer, it was Mr. Barker's opinion of value of the taking, based on his knowledge of the real estate market in the surrounding area. After several weeks of negotiations between the Barker's and the County's Right-of-Way Consultant, Brian Mekarski, the Barker's agreed to accept $73,000.00, which includes compensation for demolishing the building (estimated at $5,500.00), if they decide to raze the structure. It should be noted that the parcel is being acquired in accordance with the Department's procedures, which by Florida law entitles the property owner to certain rights including the reimbursement for attorney fees and other expert fees that the owner would incur associated with the County's acquisition. Mr. Mekarski has indicated to County staff that due to the close proximity of the proposed right-of-line from the occupied residence that on similar acquisitions on Department projects, as an option, the Department has made offers to the property owner to purchase the entire property and provide relocation benefits to the displacee. It is Mr. Mekarski's opinion that if this option were presented to the Barker's, the County would be purchasing the entire property for a total cost of approximately $103,000.00 ($80,000.00 for the real estate, plus $12,000.00 for relocation benefits/costs for the occupant (their son), and $11,000.00 for asbestos testing/removal and demolition costs). Please note that the County's demolition cost exceeds the Barker's estimate ($5,500.00) due to different requirements for governmental agencies when demolishing structures. If the owners retained an attorney or a real estate appraiser, their fees could exceed the $12,265.00 difference. Based on past experience, the County Attorney estimates the County could incur fees and expert witness costs of approximately fifteen thousand and 0/100 ($15,000.00) dollars to thirty thousand and 0/100 ($30,000.00) dollars even in the best case situation where a jury agreed with the County's value. Under Florida law, the County cannot file an offer of judgment any sooner than 120 days after the defendant has filed an answer. If the case proceeds to trial, the County is exposed to a possible jury verdict in favor of the owners and additional expert fees (owner and County) and court costs. Both the County Attorney and Mr. Mekarski recommend that the County accept the Barker's counteroffer. RECOMMENDATION: Staff recommends that the Board approve the Contract for Sale and Purchase with Clyde and Mary Barker in the amount of SEVENTY THREE THOUSAND and 00/100 DOLLARS ($ 73 ,000.00) as shown on the attached map, authorize the Chairman to execute the Contract and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. ResJfUIIY SUbmitt.~. Daniel S. McIntyre County Attorney G:\ACQ\ WP\JoAnn\25th Street\Barker\Agenda Memo.wpd , I I " , ; I ,~ I' Z .72 Ac ~ .. '''' "I I I I I I ·17 :!~ ~~ ~ II4J-<JOO2-<XJOfl) I .... ,.. ~ 1.38 Ac ," ~t2.IJ,oo:u~m~ "'. ~ .., ß/ ", ,~~~~\:~~ 17 'CD' n .. . . ~ II1¡'()()()1 -<JOO/IJ 1.403 Ac 27. .... :¡ ~. o ., . . -~ z (» N "- .. N I- .... .... :r: VI .... ) .... VI - .. 304.21 \":o\NA.L 1)0: NO 10 NO. 1 , ¡ , . SUBOJ V I SION [ocrwooo ACIIU 'L[UWOOD ACA(5 OOF0A1~ COl. ft.o. S4.1D~ fIIOUStRIoIIL SUlDlV&ON III~A""'LA I€CHT5 PrC:.-....[ Cl"'£A ) \..f ~ -.J I... I :..! I. 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J 70 ,. . 1!19 , ~-, 3D LEGAL,-,SCRIPTION PARCEL I I I "'" BEING A PORTION OF THE SOUTH 100 FEET OF THE WEST 300 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND NAIL (PLAIN) AT THE WEST QUARTER CORNER OF SAID SECTION 28; THENCE SOUTH 88°45'/3" EAST, ALONG THE EAST / WEST QUARTER SECTION LINE OF SAID SECTION 28, A DISTANCE OF 40.0/ FEET TO THE INTERSECTION THEREOF WITH THE EXISTING EAST RIGHT OF WAY LINE OF STATE ROAD 615 (SOUTH 25TH. STREET). BEARINGS ARE BASED ON SAID EAST/ WEST QUARTER OF SECTION 28 AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. SAID INTERSECTION ALSO BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL I 1 1 . THENCE NORTH 00°/3'19" WEST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 0.98 FEET; THENCE NORTH 00°06'21" WEST, A DISTANCE OF 99.04 FEET TO THE INTERSECTION THEREOF WITH THE NORTH LINE OF SAID SOUTH 100 FEET OF THE WEST 300 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28; THENCE SOUTH 88°45'13" EAST, ALONG SAID NORTH LINE, A DISTANCE OF /4.78 FEET; THENCE SOUTH 00°57'25" EAST, A DISTANCE OF 100.07 FEET TO A POINT ON SAID EAST / WEST QUARTER SECTION LINE; THENCE NORTH 88°45'13" WEST, ALONG SAID EAST / WEST QUARTER SECTION LINE, A DISTANCE OF 16.26 FEET TO THE POINT OF BEGINNING. CONTAINING 1 .552 SQUARE FEET MORE OR LESS. G. MAR IN BURDETTE FLORIDA S~RVE~OR AND MAPPER DATE. ;Z{'2t, 03- BURDETTE 8 AS OCIATES, INC. · 4 I 35 LEGAL DESCRIPTION AND SKETCH - PARCEL 111 PREPARED fOR, ST. LUCIE COUNTY, FLORIDA BURDETTE & ASSOCIATES, INC. 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (561) 231-8750 ...\PARCELS802\parceI111.dgn 02/26/0301:32:20 PM DFFiCE, CHECKED, E.G. a.M.B. FJELD BOOK, SCALE , N/A DRAWING NO. I DA TE I SEPT. 2002 SH[[ T 1 Of 2 '-' ~ SECTION 28 ....,.J N TOWNSHIP 35 SOUTH, RANGE 40 EAST N <.0 o o '0 I~ 40' - - - -- - -.-.........~ - _1 .................. ::= .......... <..D t- -- Ion "'J""" w :z I.J.. :z -..J ~ ~~ ~~ ::= ...... 0: 3:: ...... 0:: --- -- t- FIon « I.J.. N s E /p 0 0 0 C 01 -~ ::- _I w.....J > 0:: :z I :::>0 Ion ;:: I œJ~1 Ion P.I. STA. 144+72+32 ~ OF SURVEY S.R. 615 (SOUTH 25th. STREET)· WEST 1/4 CORNER SECTION 28 ~·Ooo06'58H (RT.) N·1116566.271 E· 867105.972 FND. NAIL (PLAIN) IN ASPHALT SQUARE CUT N. L1 NE OF S. I 00 ' N 88°45'13" W BearIng BasIs: The East /West Quarter Section Line, Section 28-35-40 Bears: South 88°45' 13" East Ion o c: --I :r: N <.0 o o o o z: o o I I I I 40' I w3:: I 3: :z, I 0"1 -..J~ I :z ~ -I- f'O"") :::o""-J t;å~ wO I Ion:z --L QUARTER SECTION LJNE S 88°40'50" W EAST / WEST QUARTER SECTION LINE 00°13'19" W 0.98' 88°45'13" W 16.26' N 88°45'13" W N.S.L.R.W.C.D. CANAL NO. 10 . Ln N ABBREVIATIONS / LEGEND. ~ ' BASEl] NE ( . CENTERLI NE EXJST. . EXISTING FKA . FORt.lALL Y KNOWN AS FND. . FOUND N.S.L.R.MI.D.· NORTHERN ST. LUCIE RIVER WATER ~ANAGEMENT DISTRICT · OfFICIAL RECORD BOOK · PLAT BOOK · POINT OF BEGINNING · PO] NT Of COt.t,£NCEMENT · PAGE · RAILROAD · RI GHT Of WAY · SOlJARE FEET .' ~ \)'\)\ S fQ~o~ O~~ I \)\' S e, ~ \. \ ~'t.1 I C;\..þ..O'¿ ~þ..'< '\ s.1S. ?--/ e,Oþ..S'<:,\-\\ O~TE. ",\)?--\\\'t.?--\.. to.. t..þ..~'oþ..\) ~\ BEARINGS SHOWN HEREON ARE BASED '" Oo\\) ~ to..\\..f' ON FLORIDA STATE PLANE COORDINATE f' f't" SYSTE~. EAST ZONE, NORTH At.t[RICAN ~ \.. DATUU OF 1993/1990 READJUSTMENT. THE EAST IWEST OUARTER SECTION LINE OF SECTION 28, TOWNSHIP 35 SOUTH, RANGE 40 EAST BEARS SOUTH 88'45'13" EAST AND ALL OTHER BEARI NGS SHOWN HEREON ARE RELATIVE THERETO. --- --- O.R.B. P.8. P.O.B. P.O.C. PG. R/R RIW SQ. FT. ~ '\ "" "" ~ · SUBJECT PARCEL 50 25 50 o 100 I THIS IS NOT A SURVEY FEET DESCRIPTION LEGAL AND SKETCH PARCEL 111 PREPAREO FOR, ST. LUCIE COUNTY, FLORIDA OFFICE, CHECKEO, SCALE, 1 H 50' E.G. G.M.8. = FI EL 0 BOOK, ORAWING NO., OA TE. SHEE T 2 OF 2 SEPT. 2002 BURDETTE & ASSOCIA TES, INC. 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (561) 231-8750 ...\PARCELS802\parceI111.dgn 02/26/0301:32:42 PM '03/13/2003 16'07 L '722318752 ~ BURDETTE .. ...... PAGE 08 LEGAL DESCRJPT10N TEMPORARY CONSTRUCT J ON EASEMENT (T. C. E.) 725 BEING A PORT10N OF THE SOUTH 100 FEET OF THE WEST 300 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECT10N 28, TOWNSH1P 35 SOUTH, RANGE 40 EAST. ST. LUCIE COUNTY, FLORIDA AND MORE PART1CULARLY DESCRJBED AS FOLLOWS: COMMENC1NG AT A FOUND NAIL (PLAIN) AT THE WEST OUARTER CORNER OF SAJD SECTJON 28; THENCE SOUTH 88°45'13" EAST. ALONG THE EAST / WEST OUARTER SECT10N LINE OF SAID SECTION 28, A DISTANCE OF 56.27 FEET TO A POJNT. BEARINGS ARE BASED ON SAID EAST/ WEST QUARTER OF SECTION 28 AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO; THENCE NORTH 00°57'25" WEST DEPARTING SAID EAST I WEST QUARTER SECTION LJNE, A DISTANCE OF 11./4 FEET TO THE POINT OF BEG1NNJNG OF THE FOLLOW1NG DESCR1BED TEMPORARY CONSTRUCTION EASEMENT 725; THENCE CONTJNUE NORTH 00057 ' 25" WE S T , A DISTANCE OF 56.00 FEET; THENCE NORTH 881156'34" EAST, A DISTANCE OF /7.81 FEET; THENCE SOUTH o 11 0 I . 43" EAS T , A DISTANCE OF 56.00 FEET; THENCE SOUTH 88°58'34" WEST, A DISTANCE OF 17.88 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL OF 999 SQUARE FEET. G. MART1N BURDETTE FLORIDA SURVEYOR AND MAPPER -4136 DATE. BURDETTE a ASSOCIATES, INC. I'R[PARfD FOR, LEGAL DESCRIPTION AND ST. LUCIE SKETCH - T. C. E. 725 COUNTY, FLORIDA BURDETTE & ASSOCIA TES, INC. 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (561) 231-8750 ...\PARCELS802\tces\tce725.dgn 01/13/9303:12:15 PM OFF1C£, eH£cK£O, E.e. I G.M.B. f/ELO BOO/(. sella, N/A DRUINfì NO., OA TE. MARCH 2003 SHUT 1 615TCE125 or 2 .a <::> .. -' '0 ~ I~ ..----.."""'- c:: 40' -----::'i--j ,. lD_ ~ - 11'1 . o;;;:¡- -~I >->-<, UJ -i ;> CI: z I :::10 11'1 ;:: I œ'~1 V'I . 03/13/2003 16: 07 7722318752 ¡POINT OF COMMENCEMENT I P.I. STA. 144+72+32 t OF SURVEY S.R. GI5 (SOUTH 25th. STREET)· WEST I/~ CORNER SECTION 28 A~OO·06·58· (RT.) N-1116566,271 E- 861105.972 FND. NAIL (PLAIN) IN ASPHALT SQUARE CUT QUARTER SECTION LINE S 88°40'50" W N.S.L.R.W.C.D. CANAL NO. 10 UJ Z -i ;I:: ...... '" 0::, ~ '" V'I w.... ~ - . = ~ 0 V'I z . u'") <'-I x UJ EXI ST. CANAL R /W LI NE 50 25 o L.I.J Z \Q = . o = z I I I I GO' I I.U~ I ~: I -i~ I z:.r .-.. o 0 "-J t;o~ we> I V'I % --4- 50 BURDETTE ~ ~ L.aJ . I.IJ 0: N 1-.-. V"I. o ~F ~~40' W % SECTION 28 TOWNSHIP 35 SOUTH, RANGE 40 EAST LEGAL PREPARED fOP, S T. FEET DESCRIPTION AND SKETCH LUCIE COUNTY, FLORIDA -i ~ "- c: .~ .~ - L.I.J N vi~ I « ~e:: IDI'-J ·1 cr -I-- VII I I oR"": CII'I . - =:0< CUJ :z: PAGE N N, LINE OF $. 100' N88°45 '13" W AB8fiEVI ATlONS I LEGEI4J. , ' SA$ElINI: ( . C£~£~I~ EXIST. . ElJsfJNG r~A . FOAIMl,L Y ~NC'IIN A$ rHO. . 'WND N. S.l.R. ..toLO., NQAtKERH St. LuCIE RI TER lAtER w.NAÇ[K"T DIStRICT · OFFICIAL R{cmo toOK · PLAt ~ · POI"t or I!€GINNI NG · POIMT a: COII£NŒI(HT · PAGt · ~mROAO · RIGHT ~ WAI · $WARE rEEt · 1[If'CAAR'T COIISfAuCTlON EASEIoEMT , SUBJECl PARCEL I /40' -i , ES TO ~ ~ ¡ : 0:: 1>-: ,.. t;:; we" . <: I~::- ~ L.I.J ¡=-1""1 .... . 11'1 ;;'" ;- t;; 1_00 ö_ =x l:z :z:W I . .. \)'0\ C; ~~.j Q~f I ù"" s c ~ \. \ ~t I 1 G\..þ.Q't.: ~þ.i o /~ "i\/ Qþ..S\ ~\ orr ~.:{ " '\ C. ~ \ G NOlE. ~'\~~~ £.þ.S þ.\) BEARIHt$ $UQIN IIEREON ARE BASED \~-f. ~\) Oo\Q ~ ~\\..~o ON FLORIDA St,UE PLNI[ COORDINATE I':' , J \ ~\.. ,T' T'''' SYSTEM. UST ZONE, NORTH AKRICAN ~ '(' DATUM Of t9UII 990 REAOJUSTIENT. lH( EAST II(ST QUARTER SECt I ON LIME or S£CTIOIC Z8, TOItfSKIP 3§ SDOlH. RAIIGl 40 EAST SURS ~1" 10'45' WEAST "NO AlL OTHER I!€ARI NGS 5110"" IIEREON ARE RELAT I ¥( T!i(R£fO, o.R.B. P.8. P.O.S. P.O.C. PC. RiR RII SO. ~1. T .C.E. VI o o , 100 10.." ,\ ~ ) TH ¡ S I S NOT A SURVE ~ T. C. E. 125 CHECKED. G.M.B. SCALE , BURDETTE & ASSOCIA TES, INC. 2295 GENESEA LANE VERO BEACH. FLORIDA 32983 (581) 231-8750 ..,\PARCELS802\tces\tce725.dgn 01/13/9303:11:53 PM 1· .. 50' 0..,(, MARCH 2003 SHff T ORAIIING NO., 615TCE126 or 2 2 ~ ..., PROJECT NAME: South 25th Street PARCEL NAME: Barker - Tax I.D. No. - 2428-233-0003-000n - Parcel 111 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY THIS AGREEMENT made this /O..¡h day of /}e?eM þ2r , 2003, between CLYDE M. BARKER AND MARY M. BARKER. his wife. whose Clddress is 3303 Sunrise Boulevard. Fort Pierce. Florida 34982, hereinafter referred to as SELLER and, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, Seller agrees to sell and Purchaser agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" together with all improvements and personal property located thereon as may hereinafter be specifically described. 1. PURCHASE PRICE AND METHOD OF PAYMENT. S {;1I&Aff'f íJf i.~.t -r11 ()/J.t Aì'\I /) The full purchase price is Si^ I y Thoðsand 5I:::v",¡' Iftlndr~d TI,i, t r determined to be the total of the following: 417¡blD .11 n~c;- Dollars, ($60,73S.00T, Personal Property (Described in Exhibit "A", if any) $...00 Real Property (Land) $e 500.00 Improvements Other than Buildings (described in Exhibit "B", if any) $4' §90:00 Severance Damages $11.000.00 T 1:::'lIflurary Easl:::rm::nt $73S.00 payable in Cash or Cashier's check at the time of closing: plus or minus credits, adjustments and prorations as of the date of closing. 2. EXPENSES. Purchaser shall pay for documentary stamps and recording fee on the Deed conveying the subject real property to Purchaser. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by Purchaser. 3. TITLE. Purchaser shall obtain, at the Purchaser's expense, a commitment for title insurance from '-" ""'" a title company of Purchaser's choice, certified to a date not earlier than the date hereof, showing good and marketable title thereto to be vested in the Seller, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by Seller at or before closing. Should Purchaser find on examination of said title commitment that Seller's title is not good and marketable, Purchaser shall notify Seller or his attorney in writing specifying the defects and Seller agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to Purchaser and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at Purchaser's option and Purchaser's request, Seller shall deliver the title in its existing condition upon compliance by Purchaser with the terms of the contract, and in such event Seller shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. Seller agrees to convey title to Purchaser by a good and sufficient statutory Warranty Deed, and if personal property is included, same shall be conveyed by proper Assignment or Bill of Sale, all real and personal property to be free and clear of all liens, judgments, and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by Seller, Seller shall make and deliver to Purchaser a Mechanic's No-Lien Affidavit as to realty and an Affidavit as to no liens or encumbrances of any personal property. 6. PRORA TIONS. Taxes. rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and charges for the day of closing shall belong to and be borne by the Seller. 7. RISK OF LOSS. Seller assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. 8. POSSESSION. Seller shall deliver possession to Purchaser at the closing. 9. CLOSING. The closing shall be on or before MARCH 31. 2004 at which time all monies due to be paid 2 '-' '-' hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the Purchaser, subject to possessory rights and mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by Purchaser and Purchaser shall notify Seller in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 13. DEFAULT. If Seller fails to perform hereunder without fault of the Purchaser, all monies paid hereunder shall be returned to the Purchaser upon demand but Purchaser shall not thereby waive any right or remedy he may have because of such default of Seller. If Purchaser fails to perform hereunder without fault of Seller, all monies paid hereunder may be retained by Seller as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 14. DEED RESTRICTIONS. Seller warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the Purchaser, but no such assignment is binding upon Seller until an executed copy thereof is delivered to the Seller. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. DISBURSEMENT OF PROCEEDS. The Purchaser has elected to have the closing processed through the office of the Title Company issuing Title Insurance. The Title Company or Agent will accomplish disbursement so as to bring the transaction under Section 627.7841, Florida Statutes, to assure coverage of the period from the commitment to deed recording, provided delivery of the 3 '-' ,.., deed and payment of the purchase price occur in the same day at the same time. 17. RECISION. Purchaser may rescind this contract if at the time of closing the Seller is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. Seller hereby warrants that existing mortgages are in good standing and Seller further agrees to keep them in good standing and to make all payments due thereunder: he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of anyone of the Sellers to execute the deed or any other required document, shall be deemed default of the Seller. 20. OFFER TO SELL. Seller and Purchaser recognize and agree that by signing this agreement first, the Seller is offering to sell the property described in Exhibit "A" to the Purchaser in accordance with the ferms and conditions of this agreement. If Purchaser shall fail to approve this agreement within sixty (60) days after Seller signs this agreement, this offer shall be null and void. 21. SELLER I S REPRESENTATIONS. (a) Annexed hereto and made a part hereof as Exhibit "c" is a list of all leases, tenancies, and occupancies affecting the rent, expirations, and security deposit if any, with respect to each such tenancy or occupancy, which Seller warrants and represents is true and correct. There are no other leases, occupancies, or tenancies except as reflected in said Schedule, and none will be agreed to prior to closing without Purchaser's consent. True and correct copies of all said leases, if any, have been delivered to Purchaser, and Seller warrants there are no modifications thereof. Unless otherwise reflected on said Exhibit "C", alterations, installations, and other work required to be performed by the Seller under the provisions of any such lease, tenancy or occupancy have been or will, by the date of closing, be completed and fully paid for. No brokerage commission is now due and unpaid in connection with any lease, tenancy, or occupancy or any renewal thereof, nor with any other matter pertaining to the subject property and upon the closing date no such commission shall be due and unpaid. (b) Neither Seller nor the respective tenants nor parties to any of the agreements listed in Exhibits "C" or "D" attached hereto are in default under the terms of said Agreement of instrument. (c) Seller has not entered into any contracts, subcontracts, licenses, concessions, 4 '-' '-.I easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property other than those set forth in Exhibit "D" attached hereto made a part thereof. Each and every such contract or other instrument listed in Exhibit "D" is a valid, bona fide, and binding agreement entered into by the parties hereof, effected in good faith in an arms- length transaction. True and correct copies of said instruments have been delivered to the Purchaser, and the Seller represents that there are not now and will not be at the date of closing, amendments or modifications or any waiver by any party of any of the provisions thereof. (d) None of the tenants on the premises have been given any concession or consideration for the rental of any space applying to any period after the closing; and no tenants are entitled to any concessions, rebates, allowances or free rent for any period after the closing hereunder. (e) Seller warrants and represents that no other agreements concerning employees engaged in the operation and maintenance of the subject property or employment contracts exist, except as set forth in Exhibit "E" attached hereto, copies of which agreements have been delivered to the Purchaser. (f) Annexed hereto and made a part hereof as Exhibit "F" is a list of all policies of insurance now in full force and effect with respect to the property giving the company, amount and type of insurance, policy expiration date, premium and other relevant information delivered to Purchaser true and accurate copies of all said policies and the premium shall be prorated as of the date of closing. (g) Seller agrees with Purchaser that from and after the date hereof and prior to closing, Seller will not enter into any lease or agreement or any modification of any existing lease of agreement pertaining to the subject property without the written consent of Purchaser. (h) All of Seller's representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of Seller involving action or performance by Seller prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentQtions concerning the property contained herein, Seller shall at its sole cost and expense defend against such claim or cause of action, and hold Purchaser harmless therefrom, which shall include, but not be limited to, Seller I s retaining such attorneys or other persons as may be required to fulfill this indemnification. (i) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereto and Seller has received no notice of any such violation. Seller shall deliver to Purchaser any such notice received prior to or after closing. If any of the representations of Seller contained in this paragraph are inaccurate at the present time or as of the date of closing, Purchaser may elect not to close this transaction in which event all parties shall be relieved from all obligations and 5 ~ ....., liabilities hereunder; provided however, that nothing contained herein shall preclude Purchaser from seeking specific performance of Seller's obligations hereunder so as to rectify any misrepresentation made by Seller herein. 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. In the event that, between the effective date of this Contract and the closing of the transaction contemplated herein, environmental contamination of the Property has resulted or is discovered, the Purchaser, at its sole option, may elect to terminate this Contract without further liability. Should the Purchaser elect not to terminate this Contract, Purchaser shall be entitled to an appropriate adjustment in the purchase price based upon the estimated cost of clean up of the environmental contamination. In the event that environmental contamination is discovered after closing, Seller shall remain obligated, with such obligation to survive delivery of the deed and possession, to diligently pursue and accomplish the clean up of any environmental contamination where the event(s) alleged to have caused the contamination occurred prior to closing in a manner consistent with all applicable laws, rules, regulations and ordinances and at Seller's sole cost and expense. In addition, Seller represents that the ground water in Sellers cone of influence is not contaminated. Seller shall indemnify and save harmless and defend Purchaser, its officers, servants, agents and employees from and against any and all claims, suits, actions, damages, liabilities, expenditures or causes of action of whatsoever kind arising from the environmental contamination. Seller shall defend, at its sole cost and expense, any legal action, claim or proceeding instituted by any person against the Purchaser as a result of any claim, suit, or cause of action for injuries to body, life, limb or property for which the environmental contamination is alleged to be a contributing legal cause. Seller shall save the Purchaser harmless from and against all judgments, orders, decrees, attorney fees, costs, expenses and liabilities in and about any such claim, suit, investigation or defense thereof, which may be entered, incurred or assessed as a result of the foregoing. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. 24. NEW DRIVEWAY LOCATION. (a) The County agrees to construct a new driveway as shown in Exhibit "A-l", which reflects an approximate location for the new driveway. It is the intent of Clyde and Mary Barker to have the new driveway constructed on the most northern portion of the parent tract within the limits imposed by the County due to setback and construction requirements. Upon construction of the new driveway, the County 6 "" ....., will close the existing driveway located at Station 145+00 to 145+20. (b) The construction of the new driveway is contingent upon Clyde and Mary Barker executing a Right-of-Entry Agreement for the areas needed for the construction of the new driveway and the closing of the existing driveway. If applicable, it is the responsibility of the Barker's to relocate/remove any site improvements (including landscaping) within the Right-of-Entry area. (c) In lieu of the Barker's executing a Right-of-Entry Agreement, the Temporary Easement (Parcel 725) is voided. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLER this Iv+ l day of lk~b , 2003. \~~~ uJLQ ~?/l;g~ _ Clyde M. Barker Witness as to Clyde M. Barker Je~ t~M. Barker ßA~ - MJì~ Witness as to Mary M. Barker ln~1>¿.~~ Barker ST ATE OF FLORIDA COUNTY OF ST. LUCIE (NOTARY PUBLIC) SEAL The foregoing instrument was acknowledged before me this loK day of Oe..~k 2003, by Clyde M. Barker and Mary M. Barker, who are personally known to me or who have produced a Drivers License issued within the last five years as identification. ~lì~ t ry Public :e~ ~""~";"'" JoAnn Marie Riley /!!W';};.~;; MY COMMISSION # CC985750 EXPIRES ;~;,~.~E December 4, 2004 ""'7>," .., .\l-' BONDED lHRU TROYFAIN INSURANCE, INe. ·.'j.'8:,;f~"· foAr-JrJ Mt\Lí~ e;(f.v' (Print, Type or Stamp Nam¿ of Notary Commission No: C.C QY515fJ My Commission Expires: ¡),~+-21JV<f 7 "" ....¡ EXECUTED by PURCHASER this _ day of ,2003. ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS - . County Attorney , . 8 "-' """ EXHIBIT "A" LEGAL DESCRIPTION LEGAL DESCRIPTION PARCEL I I I BEING A PORTION OF· THE SOUTH 100 FEET OF THE ~~ST 300 FEET OF THE SOUTHWEST OUARTER OF THE SOUTHWEST OU~RTER OF THE NORTHWEST OUARTER OF SECTION 28. TOWNS~[P 3S SOUTH. RANGE ~O EAST. ST. LUCIE COUNTY. FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: CO~~ENCING AT A FOUND NA.IL (PLAIN) AT T~E WEST OUARTER CORNER OF Sè.[O SECTION 28: TH(I\ICE SOUTH 8sc~5'13" EAST, ALONG THE EAST / W~ST OUARTER SECTION LINE oç silo SECTION 28, .A Of STANCE OF 40.01 FEET TO THE INTERSECTION THEREOF WITH THE EXISTING EAST RIGHT OF WAY LINE OF STATE ROAD 6/5 (SOUTH 25TH. STREET). BEARINGS .ð.RE BASED ON 5410 EAST.' WEST OUARTER OF SECTION 28 AND ALL OTHER BELRINGS SHO~~ HEREON ARE RELATIVE THERETO. SAro INTERSECT¡O~ ALSO 6E¡~G. THE POINT OF BEGINNING OF THE FOLLOW[~~ OESCRIBED PARCEL I I I . THENCE NORTH 00°13'19" WEST, ALO~JG S.4iD EAST RIGHT OF W.4Y L I N E . A 0 [ S T MK E 0 F 0 . 9 8 FEE T : THE NeE NORTH 00°06'2'" WEST, A DISTAI\ICE OF 99.04 FEET TO THE INTERSECTION THEREOF WITH THE NORTH LINE OF SAID SOUTH 100 FEET OF THE WEST 300 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST OUARTER OF THE NORTHWEST OUARTER OF SECTION 28; T H OK E SOU T H 8 8 ° <1 5 . I 3" E A ST. A L 0 r~ G S.4 ! 0 ~~ 0 ~ T H L! N E . A DISTANCE OF 14.ï8 FEET: THUICE SOUTH 00°57'25" EAST. A DISTANCE OF lOQ.07 FEET TO A PO[NT ON SAiO EAST I WEST QUARTER SECT[ON L[NE: THO-ICE NORTH 88~45'13" WEST. ALONG SAID EAST I WEST QUARTER SECT[Oi'J LII\IE. A DISTt.tKE QF 16.26 FEET TO THE POINT OF BEGINNING. COîHA[f\IING 1.552' SOU ARE ¡:-EET ~¡ ORE OR LESS. '::.} -=z'T--- '-" o 20 4J -...J "" ¡" = 40' PJ,'fD F EXHIBIT "A-I" SKETCH OF NEW DRIVEWAY LOCATION -,'C,, ~'~,. :Y;':L~ \ . , r:"'J+nL :;~..... 1,\ ;) . ~ ' t ," I: i ' "L \'I~" r --J-·-----~l . OW·" I re.;, 5r L\ ! '6'J \ ill~ u . d3~\ ! ...J:'......... '\ ~ 7~---è ~ ':;, · -----...-..-- ---' .' \ \1 srJ.·::;O '1 T:;':13rD'TY , â7~;v,:§:~,;.", 8J.'f,'f.:;R I: ;' I : : I \ , I; : "'- [va J-fJ.\~7~IL ~. ' I:! ....). u./:.r.... ,.;..I'4J - ,~ ci-~5~ ./f~"'~2Y~ lit ,~' îJ~~' , ,,~ ~. @. -~-- SR. :'615 -'-~,,:··r~:~C='ec..sr. 7 if (25 TH IS TR(E TJ' " 0;:- lZ' F.cp l" . ".".. i, .' - ~ï:L ;~ iJ U JJJ /..:" CF-, J.:" p':>:" \ :.I I.... , 6' e;:;:-5/0'I I --;----::- C ¿ c rrP:: .: J Ci~:;7) &:J II c.:- Jõ' PI.~:: í'';' P :>: _J ,_ j._- j e.:;:)$SI.'/:; ~.....a :s.'c.I/':':" ':'R51 - r:: ., \ ""... .C ,to. p ;r;rf..[.; F,.. J7 if c·: ''3" PIPE C &. c m"¿ f' \ /45 +00: .. .__:~~E.;.~ --- I . T·· \. ~·'U .- ,.... .~;. . ·-:-:1 ': 2: Q:~01 I I ~__ -c '& 'c 'rr-pÈ t·}:··' - :.;.:3'-....:,~,: .~/),[ - . \;:~~ZJ.,_ I Jl if c.·J _ ._ __ ;; . ét'J' pè'ë'- - -. " , . ·:·:,·~:·;..:·/·F~:.. 1 ri :,. . -.... .__ .1. .; . /~-~.~_.\~~ ~ I t.' " 0" IJ5' \I' \ I. I ......~..: '"f-,...z¡::.t.~-''' ~.j . :~ \ .I '." -,. ~------_... ... ...--- - - - - -. . - .- \ -- -·I£'·c;..,:;r7-·· -:~. -"'- I._I~ . F; :.:.,:': ~-~if , ·e ¡- .- -.. - -. - - - . .~. C~j ".~~~~~... ~~:~:~ ~¡~t~..,.~~~> ':~ ). As?,'{,fL·r' :S/,; : .: ,: :: : ;I.V CONe. S/N A.'/O) c.~,~ .1. 14Z+82.59. J:!' RT. .- , , " . I .:..0.' " . _' . ~ ... , ~ , .' - _,'~ -'/" -- - J'.:.'fISOICTlcn"'L ,"'" ".. w~ 'LA'ID LI.Y~ -~--' ~ ~ '- - , : . f)JJffFfr ç R""/JiO,1£) CROSSw;; c~ r[ ~! (Elf or¡'¡[RSI ... 8~C',v HJ.'/ORM/ '; !).~. 14 ,"~ ,. 1 F.E.C. RIR \~. R/o'I L/I'/[ I , I - - - sr~.'45+85.00. "-3 P~ \\Ldo.~sr. (l if CJ' lZ' ReP I . . ; sr..,([o 'I 4ð Rr ~. !........ Approximate location of Right-of-Entry ar é Approximate location of new driveway Existing driveway will be closed upon construction of the new driveway ~. ""':' \ ~~~.' 'JLTING rlEERS ST l.l:CfE COW..TY £......cr.\"££RlsC D/ns/os ; : ~ ~.>~ 5 T /J[ PJ :\:J to"). 6'5 ( Ô TN 5 rt":'~ [ r) O! -O.'l PLA!V STA. 1-10/-10.00 TO STA. 1-1(;100.00 J':;r:'_",,'~,0 ':' J 3 ì. ì :. ;.1..)'..'.:= r I, oJ..,: p,:N.)..'~C r ,.,) Ct.; ~'':i.·~·X J 1.1,' ~ J .' J .,¡ I/ r: ....:':.' "'J':'.. 'J ; ".', '.' : ....-':...., ~.._.." 1:-: :.. . ~ Assorted Landscaping 1,252 square feet of sod 2 large oak trees 2 palm trees 5 ficus shrubs 5 medium trees EXHIBIT "B" IMPROVEMENTS OTHER THAN BUILDINGS 11 - ...., - - '-' .., EXHIBIT "C" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES N/A 12 ..... - EXHIBIT "D" CONTRACTS, LICENSES AND AGREEMENTS N I A 13 ..., ~ ,..." EXHIBIT "E" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS N/A 14 ~ EXHIBIT "F" POLICIES OF INSURANCE rJlA G: \ACQ\ WP\J oAnn \25th Street\Barker\Contract2. wpd 15 ~ ., ...,-/ ~ ....., AGENDA REQUEST ITEM NO. C-jB DATE: January 20,2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road - Temporary Easement Napolitano - Tax I.D. No. 3405-114-0002-000/6 - Parcel 705 BACKGROUND: Please see attached memorandum FUNDS AVAILABLE: Funds are available in 101006-4116-561007-4108 (Transportation Trust/Impact R/W) and 101006-4116-561002-4108 (Transportation Trust/Impact Abstract/Title) PREVIOUS ACTION: September 12, 2000 - Board of County Commissioners approved Joint Participation Agreement with FDOT to reimburse, design and construct the South 25th Street widening. RECOMMENDATION: Staff recommends that the Board approve the Purchase Agreement with Mr. Napolitano in the amount of ONE HUNDRED and nol100 DOLLARS ($100.00) as shown on the attached sketch and legal description, authorize the Chairman to execute the Purchase Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. LX APPROVED [ ] DENIED r T OTHER: A d 5 0 pprove - COMMISSION ACTION: . [XX] County Attorney: ß Review and Approvals [XX] Public Works Directo~ [ ] Road & Bridge: [XX] County Engineer: MvÞ [XX] Originating Dept.: J'f'^1- [ ]OMB: Finance: (Check for Copy only. if applicable) Eff. 5/96 G:\ACQ\WP\JoAnn\25th Street\Napolitano\Agenda Request.wpd '-' ..., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney DATE: January 20, 2004 SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road Temporary Easement Napolitano - Tax I.D. No. 3405-114-0002-000/6 - Parcel 705 BACKGROUND: As part of the Joint Participation Agreement between St. Lucie County and the Florida Department of Transportation (Department), the County agreed to acquire the necessary right-of-way for the South 25th Street Roadway Widening project in accordance with the Department's right-of-way acquisition procedures. On November 16, 2003, an offer was made to Mr. Nicholas Napolitano for a Temporary Easement in the amount of $100.00, which was based on the approved value finding report prepared by Brian Mekarski, the County's Right-of-Way Consultant. The report was reviewed and approved by Daniel D. Fuller, MAr, as required by the Department's procedures. The Temporary Easement is a 7' wide strip along the road frontage of a vacant residential property. The total area of the Easement is 182 square feet. There are no improvements within the Easement area. The purpose of the Easement is for tying in and harmonizing the back slope within the existing right-of-way with the new road improvements. Mr. Napolitano has agreed to accept the County's offer for the Temporary Easement at the offer amount of $100.00. ~ ...", Page 2 Napolitano - Tax I.D. No. 3405-114-0002-000/6 - Parcel 705 RECOMMENDATION: Staff recommends that the Board approve the Purchase Agreement with Mr. Napolitano in the amount of ONE HUNDRED and no/lOO DOLLARS ($100.00) as shown on the attached sketch and legal description, authorize the Chairman to execute the Purchase Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, G:\ACQ\WP\JoAnn\25th Street\Napolitano\Agenda Memo.wpd I 1 I I I I I I I .,1 I I ;1 I I (O/47<XXJ/91 ~I I I I 6~ ~ I ~ 10.11 Ac SI I r I I I 1 I , I (OI41-1J/O/2J I I 03.07 ,AC I I ,..... ,i/i ..... I ------S!'L..----ã4!õiL-____~..J!_____ I . (0/59-(J()()/61 .1 I ~ 1.06 Ac =, I I ~ I 1w ~I I r.¡ @S "I ~ ~ ~ .. --J 6.25 Ac I~ I I I I I I (0145-02O//J I ~ ~ I ; 000/41;1 I 1.50 Ac I I' .... ,,0.7, '"... J'l1t ".., J~ 100 I J.J2.0 ·-----------..._L~Q!~l!9~_____~-....:---__________.::~N~~!.___ J ~ 2 :I .., -- ---- I ----- :4/325 ... ( (~b.ooo/71 \ ... 2.51 Ac ..... (0/29-IJ/O/OI 2.50 ÅC IM.1) (0/29-IJ2O/ JJ ----_'.;i~ ÅC - 19.. (0/29-IJJO/61 2.00 Ac '''.2 , ! -I ....~...::::. ?~ 9.11 Ac ... (O/42-IJIO/T J '~.52 " 21 Bb 8S (OJ48-I()()/TI 2.~~c ,.. 1/51-1J5OflJ 1.47 Ac o o 10.., @ /51-(J()()/2J 0002-(J()()/SI 2.16 Ac 1/055 '-" "wi .- CANAL I .JO (OI28~/OJ ,. 2. 6 Ac .:n 2' I (0/28-100//1 I 2.16 ÅC "'.... I (O/28-JOO/ JI L 2.16 ~ ... 11 (O/28-2IÒ/5J IJIUI .174.6 0 (OI4J-IJ20/TI It 2.. J74~1 ; .~ ..:¡ ¡ (014J-(J()()//I o , , 2.42 Ac It, = \ , IM.O~ iJï.".r I~-:i (OI4J-IJ4O/ JI ,. .. ; 2.59 Ac 130'" NO. 102 z ... 0 ..... ... '" ~ w w :¡; V1 w 118 w V1 2t 0.0 II II DEVH: ROAD ... '20 II 101.11 .. II . ..:,~ o ~~_, Õ\ '~l5' " , I ~:" '-'-;;' æ~· ¡;¡ . (0/22-<XJO/8J 1.603 ÅC II (O/26-(J()()/61 03.111 ÅC .1 ...., o ft (0/2+000/2J 2.036 ÅC 102. ...... JOO (I/2-IJOO!HXJO//J ,. JOO (0/44-(J2O/ 'II 2.67 Ac ; ~. __..... ...IlL 10/),'-IJ5O/61 ,.. ,',", 'T'" -i. C~.' ) ". r46 Ac . 1'».2 I I I I 1"- I; I I I ,. I It I ~ ....IIJ (I/+<JO(}2-IJOO/61 1'iI 7./14 ÅC ~; 03.9:\ Ac (1/ "~-'---.,, { I \ I ~.f.....__.. 2U.' , .11 ... ~ . ~ ~~ g (0/41-1J2O/S1 "'.. . ~ $! o 0: >- W .... iI: < :t 2.09 ÅC JOO. :; 2.79 Ac I~ ~ (O/41-1J4O//I 6.91 Ac ft 2.09 Ac 4J,J.IJ . ~i ". ~ü' (0/45-000/51 ~ 15.61 At; 321.70 .. ~ (502:- 0 009+:: ~ 1/0/61- .. . 'DO ~--- :100 :100 'DO , PREPARED Fa¡ , ~ìi'. ~~~~~ ~©M~ìi'W, f~©~~©& M 1/ ~ Of 5 38 S ~O æ ~~~ ~@~~ SHEET NUM8ER ~xI~ DQICUSS. """'" ST. lUtI[ CQtrT1 -..on _ISÐI ASSESSMENT MAP ~AmRI,f~sprgS&~t::~~ ~ 6:lss~rLWfass¡~NYR~~~n .. ACIUAI. 1'!.!;:fT. THE ST. \!fr'f c?on PR!J'ERTT ""'RAISER ~~A~oAHEÄEo.~S~SI8IL T (It RflORS æ OMISSICWS SECTION TOWNSH [P RANGE ~ p¡::;~ 1 Of 2 St. Lucie County, Florida PURCHASE AGREEMENT ...." STATE ROAD NO.: PARCEL NO.: f¡J'j (s. Î'ith Strppr) 705 THIS AGREEMENT is made by and between: Nicholas Napolitano hereinafter referred to as SELLER and the ST. LUCIE COUNTY for the use and benefit of the St. Lucie County, Florida, hereinafter referred to as the PURCHASER. WITNESSETH For and in consideration of the mutual convenants and conditions herein contained, SELLER hereby agrees to sell and PURCHASER hereby agrees to buy the following property or interest therein, upon the follovving terms and conditions: I. DESCRIPTION (a) .Real estate or interest therein, identified as parcel 705 and shown on Right of Way Maps for PROJECT: S ? c; th S t rp p t incorporated herein by reference. D Fee Simple D Permanent Easement (Section 111.(b) does not apply) II Temporary Construction Easèment (Sections III.(b, c and d) do not apply) DLeasehold Interest (Sections III.(b and c) do not apply) (b) D Personal property identified as follows: N/A (c) D Outdoor Advertising structure identified by permit number: N I A (Section 111.(b and c) do not apply) II. PURCHASE PRICE (a) Amount to be paid by PURCHASER to SELLER at closing including fees and costs. (b) Amount to be paid by PURCHASER to SELLER upon surrender of possession (c) Itemized purchase price, fees and costs Land and Improvements $ 100.00 Real Estate Damages $ (Severance/Cost-to-Cure) $ Business Damages $ Attorney Fees $ Appraiser Fees $ ODA Structure $ Other $ (Specify) $ 100 . 00 $ $ (Specify) TOTAL PURCHASE PRICE INCLUDING FEES AND COSTS $ JOO.OO III. CONDITIONS AND LIMITATIONS (a) It is mutually understood that execution of this Purchase Agreement .by PURCHASER constitutes conditional acceptance and is subject to final agency acceptance. Final agency acceptance shall denote final approval of the purchase price an all terms and conditions contained in this Purchase Agreement and constitutes the effective date of this agreement. a closing on this contract shall not be transacted prior to final agency acceptance. Notice of fmal agency acceptance shall be evidenced by the signature of the Purchaser in Section VII herein and delivery to SELLER not sooner than 30 days from the date of the negotiator's signature in Section VI. N/A (b) SELLER is responsible for all taxes due and owning on the property as of the date of closing. o SELLER agrees that all current taxes for the year in which this agreement is made on the property acquired shall be prorated and SELLER agrees to pay his and/or her share of said prorated taxes as of the date of closing. o SELLER agrees to pay all taxes for the current year. ~ ..",,; P.~. 2 QI 2 (c) SELLER is responsible for delivering unencumbered title to PURCHASER at closing. Any sums which PURCHASER must expend to clear encumbrances shall be deducted at closing from the purchaser price shown in Section II. Seller shall be liable for any existing encumbrances or any encumbrances arising after closing as a result of actions of the seller. The terms of this sub-section shall survive the closing. (d) Any extension of acceptance beyond the date of closing must be authorized by the PURCHASER in writing. During the period from the date of closing until the SELLER surrenders possession to the PURCHASER, the SELLER shall exercise diligent care in protecting the property from theft and vandalism. All property, whether real or personal, included in this agreement shall be delivered to PURCHASER in the same condition existing as of the effective date of this agreement, less any reasonable wear and tear. (e) It is mutually understood that this property is necessary for transportation purposes and is being acquired under threat of condemnation, pursuant to Section 337.27, Florida Statutes. (f) The outdoor advertising structure owner shall provide an executed ODA Permit Cancellation(s) executed by the permit holder(s) and shall surrender or account for the outdoor advertising permit tag(s) at or prior to receipt of payment for the ODA structure. (g) Other: IV. CLOSING DATE . This transaction shall be closed and the instrument of conveyance delivered within 60 days of the final agency acceptance o This transaction shall be closed and the receipt of warrant acknowledgement delivered within 60 days of the date of final agency acceptance. V. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions inserted herein or attached hereto as Addenda, and initialed by all parties, shall control all printed provisions in confiict therewith. All addenda, whether typewritten or handwritten, attached hereto must be referenced and initialed in this section. In addition, ¡¡II addenda must be signed by both the Seller and Purchaser. There 0 is 0 is not an addendum to this agreement. VI. IN WITNESS WHEREOF, THE SELLER(S) have caused these presents to be executed in their respective name(s). /~9):J CONDITIONAL ACCEPTANCE BY PURCHASER Signature Date ;0 (' Ho LAS AI" PC? i-/ rÆ.v D Name (Please Type or Print) Social Security # I Federal Tax 1.0.# ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS BY: ~ lâ][z] 0 1tJ [!J 0 ~ ~ l1J [ïJ Name (Please Type or Print) Date Signature DATE: Name (Type or Print) Social Security # 1 Federal Tax 1.0. # 00000000000 VII. FINAL COUNTY ACCEPTANCE IN WITNESS WHEREOF, St. Lucie County has caused these presents to be accepted this _ day of BOARD OF COUNTY COMMISSIONERS, CHAIRMAN ~ ...., LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT (T.C.E.) 705 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5. TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY. FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND PK NAIL 8 WASHER STAMPED "PCP LB4286" AT THE EAST QUARTER CORNER OF SAID SECTION 5; THENCE NORTH 00°14'50 WEST, A DISTANCE OF 1335.28 FEET ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF SAID SECT10N 5 TO THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5. BEARINGS ARE BASED ON SAID EAST LINE OF THE NORTHEAST QUARTER SECTION 5 AND ALL OTHER BEARINGS SHOWN HE R E ON ARE R E L AT I VET HER E TO; THE NeE SOU T H 8 9 ° 5 3 ' 2 8 " WE ST DEPARTING SAID EAST LINE AND RUNNING ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, A DISTANCE OF 80.00 FEET TO A POINT ON THE EXISTING WEST RIGHT OF WAY LINE FOR STATE ROAD 615 (SOUTH 25TH. STREET); THENCE NORTH 00°14'50" WEST ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 259.98 FEET; THENCE NORTH 01°55'25" EAST, A DISTANCE OF 60.68 FEET TO THE POINT OF BEG1NNING OF THE FOLLOWING DESCRIBED TEMPORARY CONSTRUCTION EASEMENT 705; THENCE CONTINUE NORTH 01°55'25" EAST ALONG SAID WEST RIGHT OF WAY LINE. A DISTANCE OF 26.00 FEET; THENCE NORTH 89°00'07" WEST DEPARTING SAID WEST R1GHT OF WAY LINE, A DISTANCE OF 7.00 FEET; THENCE SOUTH 01°55'25" WEST, A DIsTANCE OF 26.00 FEET; THENCE SOUTH 89°00'04" EAST, A DISTANCE OF 7,00 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL OF 182 SQUARE FEET MORE OR LESS. / #/acWtJ4/¿!16 G. MART I N BURDETTE FLORIDA JURVE10R AND MAPPER DATE: 12. (2~ I D3 BURDETTE 8 ASSOCIATES, INC. · 4 I 36 LEGAL DESCRIPTION AND SKETCH - T.C.E. 705 PREPARED FOR, ST. LUCIE COUNTY, FLORIDA BURDETTE & ASSOCIA TES, INC. 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (772) 231-8750 ...\PARCELS802\tces\tce705.dgn 02/26/0302:43:11 PM OFFICE, CHECKED, E.C. G.M.B. FIELD BOOK, SCALE, NOT TO SCALE DATE, FEBRUARY 2003 ORAW1NG NO., 615TCE705 SHEET 1 OF 3 SECT I ON 5 '-'" TOWNSHIP 36 SOUTH, RANGE 40 EAST SEE SHEET 3 I , I ~I N tñ/ ~I òC\ w Z w--.J .òC , "- ~a:: 'I- ""'V'> ""'w åòC o . I- V'> V'> - x w Bearfng Basis: Eest Line of the N.E. 1/4, Section 5 IN 00°14'50" WI IPOI NT OF COMMENCEMENT P.I. STA. 36+45.30 ~ OF SURVEY S.R. 615 (SOUTH 25th. STREET)- EAST 114 CORNER SECTION 5 ð-00·02'OOØ (LT.) N - I I 05742. I 1 9 E· 867001.771 FND. PK NAIL a WASHER "PCP LB 4286" EXIST. R/W LJNE S 89°50'53" W 2 --::z.1s 89°53'36" E::t:8----=--" ---- (OUARTER SECTJ N ~E) -=_ -- S 89°50'53" W (BASELINE) " S.R. 7/2 MIDWAY ROAD ~ ---------- ----------- - -. ..... :e ---"\1 1 \ i \ I I' \ I I.J1 lit f") N 89"50'53" E EXJST. R/W LJNE 100 50 o 100 GRAPHIC SCALE - FEET NOTE. BEARINGS SHOWN HEREON ARE BASED ON FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983/1990 READJUSTMENT. THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST BEARS. NORTH 00°14'50" WEST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. ...",¡ ABBREVIATIONS I LEGEND, ~ . BASELJNE [ . CENTERLINE EXIST. . EXISTING FKA . FORMALLY KNOWN AS FND. . FOUND N.S.L.R.W,M.D.· NORTHERN ST. LUCIE RIVER WATER MANAGEMENT DISTRICT · POINT OF BEGINNING · POINT OF COMMENCEMENT · RIGHT OF WAY · SQUARE FEET · TEMPORARY CONSTRUCTION EASEMENT ~~"'~~ . SUBJECT PARCEL P.O.B. P.O.C. R/W SO. FT. T. C. E, w Z --.J òC "- a:: l- V'> <[ W l- V'> x W ___n.____ N ~~ ~~ EX]ST. R/W LJNE S 89°59'23" W 32 33 N 89°47 36" E 10 ARTE SECT]ON LJNE) S 89°59'23" W (BASELJNE) EXJST. R/W LJNE N 89°59'23" E STA. 36+44.48 ~ OF SURVEY S.R. 615 (SOUTH 25th. STREET)- STA. 30+00.00 ~ OF SURVEY S.R. 712 (MIDWAY ROAD) N-1105741.299 E- 867001.774 NOT SET PREPARED FOR, LEGAL DESCRIPTION AND SKETCH TH1S IS NOT A SURVEY T.C,E. 705 ST. LUCIE COUNTY, FLORIDA OFFICE, CHfCl<EO, E.C. G.M.B. FJELD 8001<, BURDETTE & ASSOCIA TES, INC. 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (772) 231-8750- ...\PARCELS802\tces\tce705.dgn 02/26/0302:43:31 PM SCALf, I" , 100' DA T[, FEBRUARY 2003 2 DRAWING NO. , 615TCE705 OF 3 SHff T SEcn ON 5·. . TOWNSHIP 36 SOU~ RANGE 40 EAST I I I~ UJ I ~ TEMPORARY CONSTRUCTION EASEMENT /82 SQ. FT. 705 ~~ ~~ N If) SOUTH LlNE S.L 1/4 N.E, 1/4, N.E, 1/4, SECT] ON 5 S 89°53'28" W IS"'> <:r f-~ co :z :z w;;o C"> ~ <=> <=> w,... IS"'> ;= >- a:: If) N w w I-~ LOT 57 W UJ If) If) V)<..::> ~ == L.{) . ,... <=> ..c.~ :" -f->< <:r L.{)w - N 0 <=> S. E. CORNER S. E, I /4. <=> N.E- 1/4. N. E, 1 /4 z SECTJ ON 5 40' N 89°50'48" E NORTH L1NE OF THE SW I /4 OF THE NW I /4 If) SECTJ ON 4 t.D (NORTH LINE LOT 58) co N . 0'1 .,.; c:: v ,.., ,.., . - V) 3:: LOT 58 CD v VARIES 40' W SEE SHEET 2 100 50 0 S 89°53'28" W 80.00' BearIng BasIs: Eest LIne of the N,E. 1/4, Settlon 5 IN 00°14'50" WI NOTE. BEARINGS SHOWN HEREON ARE BASED ON FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983//990 READJUSTMENT. THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST BEARS. NORTH 00°/4'50" WEST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. !THIS IS NOT A SURVEY GRAPHIC SCALE - FEET LEGAL DESCRIPTION AND SKETCH :z ~ o JV") -N Vi -w >0 -<C o CL CD :=J . Vi - >- :::.:::: I- 0 -0 U CD WI- I- <C ----.I ::r:CL :s:~ 100 T.C,E. 705 PREPARED FOR, ST. LUCIE COUNTY, FLORIDA BURDETTE & ASSOCIA TES, INC, 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (772) 231-8750 ...\PARCELS802\tces\tce705.dgn 02/26/0302:43:56 PM OFFICE, CHECKED, E.C. G.M.B. FI EL D BOOK, SCALf, /. . /00' DATE, FEBRUARY 2003 3 DRAWING NO., 615TCE705 OF 3 SHEET AGENDA REQUEST '-tI ITEM NO. ~~ Date: January 20, 2004 Regular [ ] Public Hearing [ ] Consent [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Resolution No. 04-37 - Approving Proposed Membership Apportionment Plan for St. Lucie Metropolitan Planning Organization BACKGROUND: See C.A. No. 04-69 FUNDS A V AIL.(State type & No. of transaction or N/A): N/A RECOMMEND A nON: Staff recommends that the Board of County Commissioners adopt Resolution No. 04-37, as drafted. /XI APPROVED [] DENIED [ ] OTHER: Approved 5-0 CE: COMMISSION ACTION: Douglas M. Anderson County Administrator ;~Ð):!I)Jr:AttòtneY¡-i £ ~rig~ûng:J?ePt;~~\J Finance (Check for Copy only, if applicable): Coordination/Si!!natures Mgt. & Budget: ~Q~er J(bVJY5 ~ -,. ( I PW,hM;', 4- ~r: , eM"'. ,/ peV· '-' ...., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 04-69 DATE: January 13,2004 SUBJECT: Resolution No. 04-37 - Approving Proposed Membership Apportionment Plan for St. Lucie Metropolitan Planning Organization BACKGROUND: Pursuant to 23 USC Section 134 and Section 339.175, Florida Statutes, the voting membership of a Metropolitan Planning Organization ("MPO") must be determined on an equitable, geographic-population ratio basis by the Governor based upon an agreement among the affected units of general purpose local government. On December 4, 2003, the St. Lucie Metropolitan Planning Organization approved a proposed new membership apportionment plan based upon the results of the 2000 Census and the square miles of each affected political jurisdiction. Under the new plan, the membership would be as follows" St. Lucie County 4 Port St. Lucie 4 Fort Pierce 2 St. Lucie County School Board 1 Community Transit 1 St. Lucie Village would continue to be represented on the MPO by the District 5 County Commissioner. Attached to this memorandum is a copy of proposed Resolution No. 04-37 which would approve the proposed plan. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners adopt Resolution No. 04-37, as drafted. Respectfully submitted ')~ . Heather Y o~ Assistant County Attorney Attachment HY/ Copies To: '-" 'wi County Administrator Community Development Director Public Works Director MPO Supervisor Clerk Secretary Press Public '-' ...." RESOLUTION NO. 04-37 A RESOLUTION APPROVING THE PROPOSED MEMBERSHIP APPORTIONMENT PLAN FOR THE ST. LUCIE METROPOLITAN PLANNING ORGANIZATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Pursuant to 23 USC Section 134 and Section 339.175, Florida Statutes, the voting membership of a Metropolitan Planning Organization ("MPO") must be determined on an equitable, geographic-population ration basis by the Governor based upon an agreement among the affected units of general purpose local government. 2. On December 4,2003, the St. Lucie MPO approved a proposed new membership apportionment plan based upon the 2000 Census figures of the St. Lucie Metropolitan Planning Area ("MP A") and the square miles of each affected political jurisdiction within the MP A, a copy of which plan is attached hereto and incorporated herein as Exhibit "A". 4. The proposed MPO Plan provides equitable representation for the interests of the County in transportation related matters within the MP A. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners ofSt. Lucie County, Florida, as follows: 1. This Board hereby approves and endorses the proposed St. Lucie MPO membership apportionment plan as set forth in Exhibit "A". 2. The Chairman is hereby authorized to execute any and all documents and agreements related to the approval of the above-referenced plan. 3. The County Administrator is hereby directed to send a copy of this resolution to the Chairman of the MPO. 4. This Resolution shall become effective upon adoption. After motion and second the vote on this resolution was as follows: Chairman Paula A. Lewis XXX Vice Chairman John D. Bruhn XXX Commissioner Frannie Hutchinson XXX Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX '-' ,..", PASSED AND DULY ADOPTED this XX day of XX, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY g:\atty\resoltn \2004\04-37. wpd 2 '-'" ...,¡ st. Lucie MPO Apportionment Plan MPO Approved - December 4, 2003 Page I EXHIBIT "A" ST. LUCIE METROPOLITAN PLANNING ORGANIZATION (MPO) MEMBERSHIP APPORTIONMENT PLAN MPO APPROVED - DECEMBER 4, 2003 Introduction The contents of the St. Lucie Metropolitan Planning Organization (MPO) apportionment plan is based on the requirements of section 134 of Title 23 United States Code, and Section 339.175, Florida Statutes, and the Florida Department of Transportation Metropolitan Planning Organization Program Handbook. The apportionment plan contains a description of the proposed MPO membership and the methodology used to determine the proposed apportionment; a map of the metropolitan planning area boundary (Exhibit A); and resolutions of support from local governments (Exhibit B). Description of Proposed Membership The proposed St. Lucie MPO apportionment plan includes the addition of (2) two voting members to the existing membership of (10) ten for a total of (12) twelve voting members. The proposed additional two members represent the City of Port St. Lucie and the St. Lucie County School Board. Table I provides a summary comparison of the St. Lucie MPO's current and proposed voting membership. The membership comparison includes information on the name of each local government and agency within the MPO area and the number of representatives for each. <"! o o N ....- ... '" .D 5 '" u êö ¡s:, oë13 ~ '" > ~ ~ ~ '" 0 0. 'ü'€ < N j 8,0 ~ . 0. "" os <;J<~"" ...... ...... ~ 0 ,....:¡ à) ~ o::¡ ..0 > < 8'~ L..91:: ["'""" Z O ) öl)~ .S Þ: 1;) a¡ '>( ¡:,:: W >, u r:: O ) öl) ~ .9 Ü :a en .¡:: ~ ...., öl) .S ..... r:: O ) en O ) .... 0.. O ) ¡:,:: ...... o .... en O ) O ) ..0 .:: E ..... ~ ß Z ~ -c:; en ~ ~ o â) §'¡:,:: .... ~ Þ r:: ~ o U O ) 'û ~ .....:¡ ..... CI) """ """ en .... O ) r:: .9 en .~ o U G .....:¡ CI) '-' Þ r:: ~ o U O ) 'û ~ .....:¡ ..... CI) ...... o -c:; .... <1:1 o ~ '-' O ) 'û ~ .....:¡ ..... CI) t o ~ """ !"1 O ) 'û ~ .....:¡ ..... CI) t o ~ ...... o Þ Û O ) u .... O ) i:î: ..... ¡.¡., N N O ) u .... O ) i:î: ~ ...... o Þ Û O ) öl) ¿g ;; O ) 'û ~ .....:¡ ..... CI) ...... o en .... O ) en ~ .;,: ~ en-c:; ~ S .~ S :ë'~ æg ..... CI) * o - * o - O ) öl) ¿g ;; O ) 'û ~ .....:¡ ..... .¡¡; ~ Þ '2 ~ ê o u ..... CI) Þ r:: ~ o U O ) 'û ~ .....:¡ o -c:; æ o ~ Õ o ..c u CI) Þ r:: ~ o U O ) 'û ~ .....:¡ ..... CI) .... o .~ g r:: o .~ ä 0.. en r:: <1:1 .þ en ~ ..0 Õ o ..c u en ...... o en .2:! = 'û c.S >, <1:1 ~ en en O ) .... 0.. >< O ) o(: O ) öl) -c:; .¡:: ..0 ...... o en .... O ) en ;::, ,....., en O ) ....-c:; ~ 0 ;::, E - * * o * * o -c:; r:: <1:1 O ) öl) :gþ da o§ þ~ §< 8~ O ) ~ .- en U en ~ O ) .....:¡s. ..... >< Cl)W þ .¡:: o ;9 ª '-' o ~ ~ þ t § '5.8 Ö .S <1:It,....., "0 <1:1 en .¡:: ~ à) o _'-J ..0 ¡:¡:;"OE O ) r:: O ) ;9.9 E .'!1 ~.ff i3 0 b ~o..> ¡.... ~ I 0.. <1:1 r:: O ) .... 0 ¡:,::¡;....E, N - * * * * * * - N o - * * * _ 0 ~ ..... O ) .... u O ) CI) 0.. :E en .... O ) ..0 E O ) ~ öl) .S ..... o > (;j ..... o ¡;.... ..... u '.5 en Õ r:: .9 ..... <1:1 t o 0.. en r:: <1:1 Þ ...... o E O ) € <1:1 0.. O ) CI <1:1 "0 .¡:: o ¡:¡:; o ~ ~ Þ r:: ~ o U .S ~ ~ ....., þ'" c.s g 5 u 0 ~ '" .- '" u ... :2 '" ""¡.D .5 - '" CI') 5 .,gbñ : .5 c - '" 0 '" > '" , ... c 0.0 ~E.. ~ ,9 - u :s 'ü ~ j '" .0 <;JÈ 1::"" ~ ê .", c o ê .~ "'1:: u 0 ¡:¡ 0. c: ê ti~ .......... o 0 - '" c :€ 13 u~ "" 0. êö c os .9 "" .~ '§ 5fi: 5 '" o..c u- ..... þo c '" :2 > o .~ ulS ..... c o ~ "" ~ æ 0. o ~ O:¡OJ) '" .5 ¡:;õ > * ' * c o c oj '" ~c = 0 :>.g . .2 -= § u u_ j.5 "" o.C ..¡:.a ,9 c.l)tI'J~ 23U@¡ fi E .;¡:; '" '" '" [e"Z ~o"' ~~o õi",~ §'ü ë 'c;;.:3 'õ '" ...... 'Ë ~ 13 a '" > 8¡:; ~ þ: ª' C * '" :2 ..c o - U .b § Q) .- c.. -5 Ö ::s ~..c"'O o :í ~ t~~ .D '" '-' a.gfo 13~~ <o( þ * >. C os g ri5~U ¡;¡¡ '" C .... "'.- o a. ~ :z:&1~ '-' ....., s1. Lucie MPO Apportionment Plan MPO Approved - December 4, 2003 Page 3 Methodolo2V Used To Determine Proposed Membership The methodology used to determine the proposed membership apportionment is based on the following analysis. The Year 2000 Census population of S1. Lucie County is estimated at 192,695 (Source: U.S. Census Bureau). The estimated population of the St. Lucie Metropolitan Planning Area (MP A), which includes the entire county east of Range Line Road, is approximately 191,695. A summary of the Metropolitan Planning Area population and square miles by political jurisdiction and the proposed membership is found in Table II below. '" o o N '1"- ... OJ .to E OJ u §Ö ¡:;::;, O¡:"E c... OJ .. :2§~ OJoe. '(3'€ < '1" ,3°0OJ . g;c... ~ êi5<:2c... OJ) .5 ¡: OJ '" e e. OJ ~ '" OJ .. .... "'0 '';:: ~ ~ 05, "'0:8C: ¡;:;.Q. ~ '" ° '" Z... OJ c... S- OJ ~ <1.) C,) c: fã ~ ~:.a .g :E -< ë:e]8.bD ~ ~ 'J:: g ·å æc3¡S~"§ c... OJ§~C:"" ~::: -< .g ~ ~ ë R gpÆ ~ ~ ~ g '2 6. [ .....:¡ æ ~..§ æ ~ ~ c... ~ ¡...... ]s~* ;;;::::<':. ~ 0 01)- uc.cco [¡J g·¡;¡.5 g.OJ§~ CI):2¡:;::;~ c:§~~ .g :E -< ~ ..:g &. ~ = s. g "ë .§ æ~ª~ ¡:;::;"-' ... u c: OJ OJ) < -= .9 Ü '6 ·ê '" -. '-' ~~ ::s:g o .- U> .~ .~ ;j ;j ....¡....¡ -+-=..¡,...i r:/) r:/) ,,¡- '$. o o ...... '$. o o ...... * * ,,¡- 00 N * V) 0\ 1.0. ...... 0\ ...... en .... <u = .9 en .~ o U Þ = ;j o U ...... o "'0 .... «:S o ¡:Q <u 'û ;j ....¡ ..... r:/) t: o p.. ,,¡- '$. I'- N '$. 1.0 ,,¡- 1.0 I'- 0\ 1.0 1'-. 00 00 <u 'û ;:s ....¡ ..... r:/) t: o p.. ...... o Þ Û <u u .... <u ¡:î; ..... µ.. N '$. V) '$. o N V) ...... 1.0 ...... "1. I'- M <u ~ <u ¡:î; ..... µ.. ...... o Þ Û <u 'û ;:s ....¡ <u ~ ;> <u 'û ;j ....¡ ..... r:/) ...... ,-., o <u en "'0 .... 0 ~ E ;:s .... .-:: 0 en .~ ã E .t:'-' .~ € ::ë ;j ;j 0 p..U ..... r:/) o ...... '$. "": o «:S ì:: '$. M o «:S ì:: ...... «:S ì:: ,,¡- o 1.0 «:S ì:: <u 01) ~ ;> QJ 'û ;j ....¡ .<;:: en = «:S .... E-< Þ '2 ;j ê o U ..... r:/) ,-., en <u ;j"'O .s:;, 0 õ E o a -5'~ en E þ'-' = = ;j 0 o .- u ~ ......t: o 0 en 0.. .... en <u = en «:s ;:::¡.t: ...... ~ ì:: «:s ì:: «:s ì:: «:s ì:: "'0 1;; o ¡:Q Õ o ..c: u r:/) Þ = ;j o U <u 'û ;j ....¡ ~ ;;>, «:s ~ en en <u .... 0.. >< <u ]B «:s .- .... <u 0 0I)..c: "'0- ._ ;:s .... «:s .s:;, '-' ...... en o .:!:! ~:E <u .- en U ;:::¡~ o ~ «:s ì:: «:s ì:: «:s ì:: o'(! <u .go.f' 'C S ¡:Q..c: þ;:i §< o ~ U ~ <u en 'õ ~ ;j .... ....¡ 0.. ..... >< r:/)w ...... o 01) OJ .S 'tijo ...... > r:/), QJ = ..c:: 0 - = en'-' E ,,¡-. ~t) QJ .- !5.ti <u ._ ....0 § «:s '';:: :"9 "§ ~ p..µ.. ...... «:s ì:: «:s ì:: «:s ì:: «:s ì:: ,,¡- ......~ ~ '5 ~ .~ ~§ ~'p <u «:s ot: «:s 0 "'O~ .¡:: ã o .... 1:i:E-< o p.. bìJ~ .S º Õ § ;;- 0 §u = .5 '-'t: .9 ~ iË~ ,-.,0 en ~ ~ [) .s:;,<U.s:;, S 0 S <u ~ <u SE-<S N o p.. ~ € ;j o U = '€ «:s ~ .....I <u ..c: ;;>, - «:s 'õ E = en o ~ '€ «:s o <;:: o..dJ e ~ Eæ en ~~ C'd~ 2 S <uþ -5 § .S 8 gf] .- 0 ~~ en E = 0 o~ ~~ 0..0 ....V) ..s ~ _ 0 = .... ;:s 0.. o 0.. u «:s U"'O «:s <u o u - ;j en "'0 = <u ~-t:.. .... en <u <u ~:::: o E o,,¡- 0.00 ...... N £.~ "'0 «:s <u ~ U «:s .§ 01) <u .S ;;; § .- «:s ð'3ë. 1;; ã Ol) .~ .S Õ ~ §- .......t: o..<u = E $3 <u .- ..c: o~ 0.. ._ o en .t: <u ä~oj¡ <u <u .5 -51;;] = ;:s ;j .~ g' 8 .g] B «:s ~ <u ~E.§ 0.. ._ &~ "'0 <u <u..c: ~E-< .5 * -* en <u <u ..c: E-< * en ~ õ - o - 0.. ;j '"'0 Þ"'O = «:s ;j ...... o 0 U = en <u - o Z ;>., .... «:s "'0 = ;j o .s:;, «:s <u -< 01) .5 § «:s ¡:¡:; ã .<;:: Õ 0.. o .t: <u ~ o p.. ~ <u 'û ;:s ....¡ ..... r:/) ;j. «:s QJ .... ;j ¡:Q en ;j en = <u U r:/) ::i ¡,; <u u .... ;j o r:/) ~ ...." 51. Lucie MPO Apportionment Plan MPO Approved - December 4, 2003 Page 5 Table III compares the proportionate representation on the MPO of the current membership plan and the proposed membership plan. Boord of County Port St. Lucie Ft. Pierce St. Lucie Community School Board SLC X-Way Total Commissioners Villaae Transit Current 4 40'ì'o 3 30'ì'o 2 20'ì'o 0 O'ì'o 1 101'0 0 O'ì'o 0 O'ì'o 10 plan Proposed 4 331'0 4 33'ì'o 2 171'0 0 O'ì'o 1 8'ì'o 1 81'0 0 O'ì'o 12 plan \.,f ....., st. Lucie MPO Apportionment Plan MPO Approved - December 4, 2003 Page 6 Map of Proposed Metropolitan Plan nine: Area Boundary The proposed S1. Lucie MPO Metropolitan Planning Area Boundary depicted in Exhibit A includes the existing 2000 Census Urbanized Area and the contiguous area expected to become urbanized within a 20 year forecast period. The S1. Lucie MPO Metropolitan Planning Area Boundary includes the existing S1. Lucie County Urban Service Area Boundary and the preferred alternative for expansion of the County's Urban Service Area Boundary as referenced in the recently developed "St. Lucie County Urban Area Boundary Study". The County's Urban Service Area Boundary is based on the future land use element of the Cøunty's Comprehensive P]an. The S1. Lucie MPO Metropolitan Planning Area boundary (see Map in Exhibit A) includes the portion of the Vero Beach/Sebastian urbanized area that is located in the northern section of S1. Lucie County. Both the Indian River County MPO and the S1. Lucie MPO have agreed that portion of the urbanized area that crosses county lines should remain in the S1. Lucie MPO planning area. The traffic patterns in the area concur with this decision as well. Resolutions of Support See attached Exhibit B for resolutions of support of the apportionment plan. Conclusion The S1. Lucie MPO approved the proposed apportionment plan outlined herein on December 4,2003. \MPO.REAPPORT.PLAN.2003.FINAL.MPO.APPROVED ~ c:::: ::, o o CD CD .Q o .c: Co) CD CD -'C o ~ ST. LUCIE n Planning Area Boundary ...-....-...........-.........1 JS Urbanized Area Boundary way Administration Adjusted Urbanized Area Boundary ce Area 1.1.' ~ / ~'_I_'_'_'-'_'_I_'_'_'-~'-'_'_'_I_'- :ies nty International Airport rce ~, :J FDOT District Secretary St Lucie MPO Chairperson Map prepared November 3, 2003 Approval date: Revision date: '.. " ,,/ ~ ....., AGENDA REQUEST ., ITEM NO. C-jD DATE: January 20, 2004 REGULAR ( ] PUBLIC HEARING ( ] CONSENT (XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Picos Road - Right-of-Way Dunn Brothers, Inc. - Tax I.D. No. 2314-131-0000-000/3 (part of) BACKGROUND: Please see attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: August 14, 2001- Board of County Commissioners approved a Contract for Sale and Purchase for Picos Road Right-of-Way and Retention Pond. RECOMMENDATION: Staff recommends that the Board accept the Quit-Claim Deed from Dunn Brothers, Inc., authorize the Chairman to sign Resolution 04-38 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. /XI APPROVED r ] OTHER: ( ] DENIED Approved 5-0 COMMISSION ACTION: Dou as nderson County Administrator [XX] County Attorney: .5r Review and Approvals [XX] Public Works Director:~ [ ] Road & Bridge: [XX] County Engineer: MVþ [XX] Originating Dept.: f Ml.- [ ]OMB: Finance: (Check for Copy only, if applicable) Eff. 5/96 G:\ACQ\ WP\DON\prCOS RD\Agenda Request.wpd '-' ....,.J INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY. FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney DATE: January 20/ 2004 SUBJECT: Picos Road - Right-of-Way Dunn Brothers, Inc. - Tax I.D. No. 2314-131-0000-000/3 (part of) BACKGROUND: The Public Works Department requested the acquisition of additional Right-of-Way and a retention pond for the Picos Road improvement project. On August 14, 2001, the Board of County Commissioners approved the Contract for Sale and Purchase for Picos Road Right-of-Way and Retention Pond from Dunn Brothers, Inc. In December 2003 it was discovered a scrivener's error had been made in the legal description in the Warranty Deed recorded in Official Record Book 1429, Page 2954. County staff contacted Dunn Brothers, Inc., explained the scrivener error and requested they execute a Quit-Claim Deed. Attached for your review and acceptance you will find the Quit-Claim Deed executed by Dunn Brothers, Inc. along with a map showing the area of the scrivener error. RECOMMENDATION: Staff recommends that the Board accept the Quit-Claim Deed from Dunn Brothers, Inc., authorize the Chairman to sign Resolution 04-38 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Daniel S. McIntyre County Attorney G:\ACQ\WP\DON\PICOS RD\Agenda Memo.wpd ~. ...., . ... I , +t 0 ('01 I P 1290.47:!: 54 . , 199J. 7~ ~Z I I I I I pi ~I +1 52.9ð ~ 0 vi <It .. o ( /3/-()()()(}-()()(/3) 64.34 Ac ~ .¿ > ~ ..J V) "'- œ r') ,..;: . ~ . ,... ~ .. t"t . 1317 . \ 2" ") ... N 1299.6:!: PICDS ROAD .-;.., ._------_.---------~-----~--------- NO 47 I o (322- !2 OOC o 100 200 300 400 ~ - I I ~ìr. ~~(Ç~~ ~@~~1r)f 9 ~~@~~[þ)~ ASSESSMENT MAP SFr.TrnN M ~/~ C~ ~~ SHEET Nl:J~ ~~ ./ '-' ~ RESOLUTION NO. 04-38 A RESOLUTION ACCEPTING A QUIT -CLAIM DEED FOR PICOS ROAD RIGHT-OF-WAY ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing QUIT-CLAIM DEED FOR PICOS ROAD RIGHT-OF-WAY is duly accepted on behalf of St. Lucie County this 20th day of JANUARY, 2004. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney G:\ACQ\WP\DON\PICOS RD\Resolution 04-38.wpd ,,-,. ''ff ....., This instrument prepared by JoAnn Riley under the direction of: Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 PARCEL I.D. NUMBER: 2314-131-0000-000/3 (part of) QUIT -CLAIM DEED THIS QUIT -CLAIM DEED, executed this 22nd day of, DECEMBER, 2003 A.D. by DUNN BROTHERS, INC., a corporation existing under the laws of the State of Florida, hereinafter referred to as "First Party", whose address is 220 South Graves Road, Fort Pierce, Florida 34954, to ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as" Second Party", whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982. (Wherever used herein the terms" First Party" and" Second Party" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH, That the said First Party, for and in consideration of the sum of $10.00, in hand paid by the said Second Party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said Second Party forever, all the right, title, interest, claim and demand which the said First Party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of St. Lucie, State of Florida, to-wit: A PARCEL OF LAND LYING IN SECTION 14, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 41' FEET OF THE SOUTH 90' FEET OF THE WEST 27' FEET OF THE EAST 52' FEET OF THE SE 1/4 OF THE NE 1/4 OF SECTION 14, TOWNSHIP 35 SOUTH, RANGE 39 EAST. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said First Party, either in law or equity, to the only proper use, benefit and behoof of the said Second Party forever. This is page ...l of ..£ pages of this Quit-Claim Deed 'w' 1 ...,¿ IN WITNESS WHEREOF, the undersigned has hereunto set their hands and seals this 22nd day of DECEMBER, 2003. Signed, sealed, and delivered in our presence as witnesses: DUNN BROTHERS, INC. Witness~ Mc.(.~ Byg~~~· Earnest R. Dunn, President ~~J.r~ ¿'/<y I STATE OF FLORIDA COUNlY OF ST. LUCIE The foregoing instrument was acknowledged before me this 22nd day of DECEMBER, 2003, by EARNEST R. DUNN, the President of Dunn Brothers, Inc., a Florida Corporation, for and on behalf of the corporation. He is personally known to me or he has produced his Florida Driver I s License as identification. .1>.~I·:·}I~. JoAnn Marie Riley N :*i MY COMMISSION # CC9S57S0 EXPIRES ~... ill December 4, 2004 ~;;¡;:.~ BONDED THRU TROY. fAIN INSURANCf,INC. mil'" l1t~ ~ My commission expires: ,;¡ -L/-,J O?J tf This is page .L of .L pages of this Quit-Claim Deed. G:\ACQ\WP\DON\PICOS RD\Quit Claim Deed.frm ",,¡I/" -- "" AGENDA REQUEST ITEM NO. C.¿]E DATE: January 20, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road - Temporary Construction Easements Palm Lake Gardens Owners' Association, Inc. Tax I.D. No. 2432-800-0001-000/6 - Parcel 731 - Resolution No. 04-40 Shadle - Tax I.D. No. 2432-411-0001-000/2 - Parcel 732 - Resolution No. 04-41 Harris - Tax I.D. No. 2428-323-0003-000/3 - Parcel 734 - Resolution No. 04-42 BACKGROUND: Please see attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: September 12, 2000 - Board of County Commissioners approved Joint Participation Agreement with FDOT to reimburse, design and construct the South 25th Street widening. October 14, 2003 - Board of County Commissioners approved the Purchase Agreements for Temporary Construction Easements. RECOMMENDATION: Staff recommends that the Board accept the Temporary Construction Easements, authorize the Chairman to sign Resolution Nos. 04-40, 04-41, and 04-42 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: I1C APPROVED [1 OTHER: [ ] DENIED Approved 5-0 ouglas Anderson County Administrator [XX] Originating Dept.: :f rd- Review and Approvals [XX) '""Ii, Woe'" o;~"oe~' [ ] Road & Bridge: [XX] County Engineer:-.MVþ [XX] County Attorney: ft/ [ ]OMB: Finance: (Check for Copy only, if applicable) Eff. 5/96 G:\ACQ\WP\JoAnn\25th Street\Agenda Request Accept Temporary Construction Easements.wpd '-' ....., .. INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners fROM: Daniel S. McIntyre, County Attorney DATE: January 20, 2004 SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road - Temporary Construction Easements Palm Lake Gardens Owners' Association, Inc. Tax I.D. No. 2432-800-0001-000/6 - Parcel 731 - Resolution No. 04-40 Shadle - Tax I.D. No. 2432-411-0001-000/2 - Parcel 732 - Resolution No. 04-41 Harris - Tax I.D. No. 2428-323-0003-000/3 - Parcel 734 - Resolution No. 04-42 BACKGROUND: As part of the Joint Participation Agreement between St. Lucie County and the florida Department of Transportation (Department), the County agreed to acquire the necessary right-of-way, Permanent Easements, and Temporary Construction Easements for the South 25th Street Roadway Widening project in accordance with the Department's right-of-way acquisition procedures. On October 14,2003, the Board of County Commissioners approved the Purchase Agreements for Temporary Construction Easements on Parcels 731, 732, and 734. Attached for your review and acceptance you will find the Temporary Construction Easements executed by Palm Lake Gardens Owners' Association, Inc., Harold Shadle, and James Harris. RECOMMENDATION: Staff recommends that the Board accept the Temporary Construction Easements, authorize the Chairman to sign Resolution Nos. 04-40, 04-41, and 04-42 and direct staff to record the documents in the Public Records of St. Lucie County, florida. G:\ACQ\WP\JoAnn\25th Street\Agenda Request Memo Accept Temporary Construction Easements.wpd '-" """"" .. RESOLUTION NO. 04-40 A RESOLUTION ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FOR SOUTH 25TH STREET ON BEHALF OF ST. LUCIE COUNTY. FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing TEMPORARY CONSTRUCTION EASEMENT is duly accepted on behalf of St. Lucie County this 20th day of JANUARY. 2004. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY: Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney G:\ACQ\WP\JoAnn\25th Street\Palm Lake Gardens\Resolution No. 04-40.wpd '-' ...., This instrument prepared by: JoAnn Riley under direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 PROJECT: FROM: PARCEL NO.: South 25th Street Palm Lake Gardens Owners' Association, Inc. 731 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT, made this 8th day of December ,2003, by PALM LAKE GARDENS OWNERS' ASSOCIATION. INC., a Florida Non-Profit Corporation, whose address is 5211 International Drive, Orlando, Florida 32819, hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter referred to as GRANTEE. WITNESSETH That the grantor, for and in consideration of One ($1.00) Dollar and other good and valuable consideration do(es) hereby give, grant, bargain and release to grantee, its agents, assigns, contractors and sub-contractors, a temporary construction easement to enter upon that portion of certain lands owned by the grantor being described as follows: SEE ATTACHED EXHIBIT "A" for the purpose of tying in and harmonizing said property, thereon with construction of roadway and appurtenant facilities within existing right-of-way. This Easement is granted upon the condition that the sloping and/ or grading upon the above land shall not extend beyond the limits outlined above and that all grading or sloping conform to all existing structural improvements within the limits designated, and all work will be performed in such a manner that existing structural improvements will not be damaged and the Grantee shall not interfere with or obstruct Grantors ingress and egress to Grantor's property. 1 '-' ~ This Easement shall expire upon the completion of the construction of the above referenced road construction project. this IN WITNESS WHER~e undersigned Grantors have hereunto set their hands and seals e day of ~R- , 2003. Signed, sealed, and delivered in our presence as witnesses: PALM LAKE GARDENS OWNERS' ASSOCIATION, INC. ~ Þ,1JiAA~ W TNESS By: ~.. µ;y ~. -Y!t,v~tØW (Print Name) Title: P Y'e~ / d p-"", +- vft.f ÞUiJr p ~ 1p&Á.!) If pif WITNESS Jlflqfhe/ L. ßU í/JFJ.-/- (Print Name) .[ CORPORATE SEAL J STATE OF FLORIDA COUNTY OF /) R 19 1\ J r; E The foregoing instrument was acknowledged before me this B day of ~('ember ,2003, by J.. (!fÁo.y- £c.J.e/r.. , as Pre'8..Ú-JA+¡+ of PALM LAKE GARDENS OWNERS' ASSOCIATION, INC., who is personally known to me or who has produced a Drivers License issued within the last five years as identification. (NOTARY PUBLIC) ~~~~/ ~"+../;~J SEAL Notary Public LJ.::::J1/JS~ 0 ~R/N7Ò~ (Print. Type or Stamp Name of Notary Commission No: C. r: q 7.3 '3R ~ My Commission Expires: // /~ '7/ z:O ZJ 'Ý / '" ~œ.~II ", ~\\rtfft'f~,'-. $~~~' ~( }:§ -:':7" .~~ ·"~iir:,¡¡.ët-·· DENISE O. PURINTON MY COMMISSION # CC 973383 EXPIRES: November 14, 2004 Bonded Thru Notary Public Undl/Wrill" G: \ACQ\ WP\J oAnn\25th Street\Palm Lake Gardens\ Temporary Construction Easement.wpd· 2 '-' ...,¡ LEGAL DESCRIPTION TEMPORARY CONSTRUCT ION EASEMENT (T. C. E.) 731 THE EAST 4.00 FEET OF TRACT "A", AS SHOWN ON PALM LAKE GARDENS SUBDjVISION, RECORDED IN PLAT BOOK 30. PAGE 6A, AMONG THE PUBLIC RECORDS OF ST. LUCIE COUNTY. FLORIDA. LOCATED IN SECTION 32. TOWNSHIP 35 SOUTH. RANGE 40 EAST AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT A FOUND NAIL (PLAIN) AT THE EAST QUARTER CORNER OF SAID SECTION 32; THENCE SOUTH 00°02'57" EAST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 32, A DISTANCE OF 242.42 FEET; (BEARINGS ARE BASED ON SAID EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 32 AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO); THENCE SOUTH 89°57'03" WEST DEPARTING SAID EAST LINE. A DISTANCE OF 60.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT "A" AND ALSO A POJNT ON THE EXISTING WEST RIGHT OF WAY LJNE FOR STATE ROAD 615 (SOUTH 25TH. STREET) AND THE POJNT OF BEGINNING OF THE FOLLOWING DESCRJBED TEMPORARY CONSTRUCTION EASEMENT 731; THENCE SOUTH 00°02'57" EAST ALONG SAID WEST RIGHT OF WAY LINE. A DISTANCE OF 148.97 FEET TO THE SOUTHEAST CORNER OF SAID TRACT "A" AND ALSO A POINT ON THE EXISTING NORTH RIGHT OF WAY LINE FOR PALM LAKES AVENUE. AS SHOWN ON SAID PLAT; THENCE SOUTH 89°57'26" WEST ALONG SAID NORTH RIGHT OF WAY LJNE. A DISTANCE OF 4.00 FEET; THENCE NORTH 00°2'57" WEST. A DISTANCE OF /48.97 FEET TO A POINT ON THE NORTH LINE OF SAJD TRACT "A"; THENCE SOUTH 89°58'18" EAST ALONG SAID NORTH LINE, A DISTANCE OF 4.00 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL OF 596 SOU ARE FEET MORE OR LESS. G. MAR IN BURDETTE FLORJDA jUß.VE~O AND MAPPER DATE; ~L't)5 03 BURDETTE 8 AS OCIATES. INC. -4136 LEGAL DESCRIPTION AND SKETCH T.C.E. 731 PREPARED FOR, ST. LUCIE COUNTY} FLORIDA BURDETTE & ASSOCIATES, INC. 2295 GENESEA LANE VERO BEACH, FLORfDA 329-63 (772) 231-8750 ...\PARCELS802\tces\tce731.dgn 06/04/0307:47:34 AM OFFICE, CHECXEO, E.C. G.M.B. FJELD BOOK, SCALE, N/A DA TE, JUNE 2003 DRAWING NO., 615TCE731 OF SH[[ T 1 2 N 20'/25 ' ~ . w . Z ?::; I - 3:: "-" ~c:: o . V>~ SE~ON" 32 TOWNSHIP 35 SOUTH. RANGE 40 EAST N 89°56'33" W EXIST. CANAL R/W LINE QUARTER SECTIQN LINE N.S.L.R.W.M.D. CANAL NO. 101 LJ"> N ..,. S 89°56'33" E . u-. N ..,. EXIST. CANAL R/W LINE S 89°56'33" E Q") /00 -' ~ ~ ~c; wi 0:: a:::~ t I .. -Ja:: ~ I-- <(< :=r I V') z> _ - °I""'" X ~t- 0 I LU ö~ ~ 00 Si'~ :z I 00 IpoI NT OF COMMENCEMENTI P.I. STA. 89'57.13 ~ OF SURVEY S.R. 615 (SOUTH 25th. STREET)· EAST 114 CORNER SECTION 32 t,·02°34'49" (RT.) N·1111053.923 E· 866987.978 FND. NAIL (PLAIN) IN ASPHALT SQUARE CUT Bear I ng Bas Is: East Line of the S.E. Quarter of SectIon 32 (S 00°02'57" E) POINT OF BEGINNING N.E. CORNER OF TRACT "A" 'S 89°58'18" E 15' DRAI NAGE a LANDSCAPE EASEMENT I P) 4.00' S 89°58'18" E 130.00'(P) ----------- TEMPORARY « CONSTRUCTION ill EASEMENT (fJ 596 SQ. FT. z w - - ~ w C) 2 (L a.. f- a.. - 0 « - u~ LJ"> -< - 0 cr: CL N 0::' « (j> r;;, f-~ ..". C) ..". - - o (fJr'0 W ~ «~ --!o o ¿co ---1 «f- CL« ---1 0..: S 89°57'26" W 4.00' PALM LAKES AVENUE ;;::1 ~I <-I N 89°57'26" E 20' ADD. R/W OED. (P) _ _ _ ~ _ _IQ.OO.'lE.)_ _ ~ ~5.:..i9ïPl..~ 52 ~ 10' UTILITY.....-/,....53 ~ TRACT g ~ EASEfÆNT (P) ~ "S" (P) ~ o.I> o.I> o.I> LEGAL DESCRIPTIQN AND PREPARED FOR, r- oo (P) Lf) 00 40' 75' W....,¡ N 89°30'26" E QUARTER SECTION LINE L..U~ ZLn :;:.. ~~ c::~ .....: Z V> >< W 40' . 1 ;""0 "": a: 1 N ;::; >- I UJ w I . ---1 f;; 3: I ;..., « 1 ~:r: ~ 8 I > v>« I:; ~ I ~ I ~ c:: f- 1 -' W I ê§ W >- a: 1 8 f- I « :V +1 ~I I W V) 1 ~ N I LJ"> 1 :, I :z 1 1 I Lñl I I I SKETCH N 89°30'26" E EXIST. CANAL R/W LINE NOTE. BEARJNGS SHOWN HEREON ARE BASED ON FLORIDA STATE PLANE COORD]NATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983/ ~ 1990 READJUSTMENT. THE EAST -' LINE OF SECTION 32, TOWNSHIP ~ 35 SOUTH, RANGE 40 EAST BEARS. c:: SOUTH 00°02'57" EAST AND ALL >- OTHER BEARINGS SHOWN HEREON V) ARE RELATIVE THERETO. >< u.J ABBREVJATIONS 1 LEGEND. (P) . AS SHOWN ON PLAT ~ . SASEL! NE ~ . CENTERLINE EXIST. " EXISTING FKA . FORMALLY KNOWN AS FND. . FOUND N.S.L.R.W.M.D.· NORTHERN ST. LUCIE RIVER WATER MANAGEMENT DISTRICT · POINT OF BEGINNING , POINT OF COMMENCEMENT · RIGHT OF WAY · SQUARE FEET · TEMPORARY CONSTRUCTION EASEMENT ADD, " ADDITIONAL ~~ "'~~ . SU8JECT PARCEL P.O.B. P.O.C. R/W SO. FT. 1. C.E. STA. 85'35.74 ~ OF SURVEY S.R. 6/5 (SOUTH 25th. STREET)- STA. 30'00.00 ~ OF SURVEY PALM LAKES AVENUE N·1110632.535 E- 866988.3~0 ITHIS IS NOT A SURVEYI T.C.E. 731 ST. LUCIE COUNTY} FLORIDA BURDETTE ~ ASSOCIA TES, INC, 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (772) 231-8750 ...\PARCELS802\tces\tce731.dgn 06/04/0307:47:50 AM OFFICE, E.G. FI £L D BOOK I DA TE, CHECKED, G.M.B. JUNE 2003 SCALE, NOT TO SCALE DRAW1NG NO" 615TGE731 OF SH[[ T 2 2 ~ .....,¡ RESOLUTION NO. 04-41 A RESOLUTION ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FOR SOUTH 25TH STREET ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County. Florida, that: The foregoing TEMPORARY CONSTRUCTION EASEMENT is duly accepted on behalf of St. Lucie County this 20th day of JANUARY, 2004. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney G: \ACQ\WP\JoAnn\25th Street\Shadle\Resolutlon No. 04-41.wpd '-' ...., This instrument prepared by: JoAn;' Riley under direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 PROJECT: FROM: PARCEL NO.: South 25th Street Harold A. Shadle a/k/a Harold Albert Shadle 732 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT, made this 25th day of November, 2003, by HAROLD A. SHADLE a/k/a HAROLD ALBERT SHADLE, whose address is 4201 South 25th Street, Fort Pierce, Florida 34981, hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter referred to as GRANTEE. WITNESSETH That the grantor, for and in consideration of One ($1.00) Dollar and other good and valuable consideration do(es) hereby give, grant, bargain and release to grantee, its agents, assigns, contractors and sub-contractors, a temporary construction easement to enter upon that portion of certain lands owned by the grantor being described as follows: SEE ATTACHED EXHIBIT "A" for the purpose of tying in and harmonizing said property, thereon with construction of roadway and appurtenant facilities within existing right-of-way. This Easement is granted upon the condition that the sloping and/or grading upon the above land shall not extend beyond the limits outlined above and that all grading or sloping conform to all existing structural improvements within the limits designated, and all work will be performed in such a manner that existing structural improvements will not be damaged and the Grantee shall not interfere with or obstruct Grantors ingress and egress to Grantor's property. '-' '...,/ This Easement shall expire upon the completion of the construction of the above referenced road construction project. .IN WITNESS WHEREOF, the undersigned Grantor has hereunto set his hand and seal this 25th day of November, 2003. Signed, sealed, and delivered in our presence as witnesses: I~ ~ ~-IO~¿ð - HAROLD A. SHADLE a/k/a HAROLD ALBERT SHADLE WITNESS J3r<..\.þ..,.) ~UR,~Jè l (Print Name) w1~ ~~ :1oArJrJ £;/R-¡ (Print Name) STATE OF FLORIDA COUNn' OF ST. LUCIE The foregoing instrument was acknowledged before me this 25th day of November, 2003, by HAROLD A. SHADLEa/k/a HAROLD ALBERT SHADLE who is personally known to me or who has produced a Drivers License issued within the last five years as identification. J.~b~ :r~ . 0 A rJ rJ . /YLo..£,'e., £.. let (Print, Type or Stamp Name of Notary Commission No: Cc Gj &' 515D My Commission Expires: t.:l- tJ -:1 trbq (NOTARY PUBLIC) SEAL ~~~.~:f~í;£.. JoAnn Marie Riley €*/â"\*~ MY COMMISSION # C085750 EXPIRES '{i"~';~l December 4/ 2004 ~.iif.:r.-~' BONDED THRU TROY FAIN INSURANCE. INe. G:\ACQ\ WP\JoAnn\25th Street\Shadle\ Temporary Construction Easements.wpd 2 '-' ....,¡ LEGAL DESCRIPTION TEMPORARY CONSTRUCT I ON EASEMENT (T. C. E.) 732 A PARCEL OF LAND SECTJON 32, TOWNSHIP COUNTY, FLORIDA AND AS FOLLOWS: LYJNG IN THE SOUTHEAST QUARTER OF 35 SOUTH, RANGE 40 EAST, ST. LUCIE BEJNG MORE PARTICULARLY DESCRJBED COMMENCING AT A FOUND NAIL (PLAIN) AT THE EAST QUARTER CORNER OF SAID SECTION 32; THENCE SOUTH 00°02'57" EAST ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTJON 32, A DISTANCE OF 129.01 FEET; (BEARJNGS ARE BASED ON SAID EAST LINE OF THE SOUTHEAST QUARTER OF SECTJON 32 AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATJVE THERETO); THENCE SOUTH &9°57'03" WEST DEPARTING SAID EAST LINE, A DJSTANCE OF 50.85 FEET TO A POINT ON THE EXJSTING WEST RIGHT OF WAY LINE FOR STATE ROAD 615 (SOUTH 25TH. STREET) AND THE POINT OF BEGINNJNG OF THE FOLLOWJNG DESCRIBED TEMPORARY CONSTRUCTION EASEMENT 732; THENCE SOUTH 02°31°49" WEST ALONG SAID WEST RIGHT OF WAY LJNE, A DISTANCE OF 113.53 FEET TO A POJNT ON THE NORTH LINE OF PALM LAKES GARDENS, AS RECORDED IN PLAT BOOK 30, PAGE 6A, AMONG THE PUBLJC RECORDS OF SAJD ST. LUCJE COUNTY, FLORIDA; THENCE NORTH 89°58'18" WEST ALONG SAID NORTH LINE, A DJSTANCE OF 7.01 FEET; THENCE NORTH 02°31 '49" EAST DEPARTING SAID NORTH LINE, A DISTANCE OF 113.84 FEET; THENCE SOUTH 87°28'11" EAST, A DISTANCE OF 7.00 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL OF 796 SQUARE FEET MORE OR LESS. G. RTIN BURDETTE FLORIDA. ~U~VEJ~R AND MAPPER DATE: ~/P5L_o3 BURDETTE a ASSOCIATES, INC. ·4136 LEGAL DESCRIPTION AND SKETCH T. C. E. 732 PREPARED FOR, ST. LUCIE COUNTY! FLORIDA BURDETTE & ASSOCIA TES. INC. 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (772) 231-8750 ...\PARCELS802\tces\tce732.dgn 06/04/0307:44:07 AM OFFICE, CHECKED, E.G. G.M.B. FJELD BOOK, SCALE, NIA OA TE, DRAWING NO" 615TGE732 OF SHEET 1 2 JUNE 2003 N 20'/25 ' ~ :~ N_/ ~-' -;;:: I ,.-" ;"'a:: o . I V'JI- V'JI SE~ON 32 TOWNSHIP 35 SOUTH, RANGE 40 EAST N 89°56'33" W EXIST. CANAL R/W LINE QUARTER SECTION LINE N.S.L.R.W.M.D. CANAL NO. 101 . U"1 N .... S 89°56 '33" E . U"1 EXIST. CANAL R/W LINE IpOINT OF COMMENCEMENT I S 89°56'33" E P. I. STA. 89'57.13 ~ OF SURVEY S.R. 615 (SOUTH 2Sth. STREET)· EAST 114 CORNER SECTION 32 lI'02°34'49" (RT.) N, IIII OS3.923 E· 866987.978 FND. NAJL (PLAJN) IN ASPHALT SQUARE CUT ~ 00 ~I ~ 00 LW ;I~ 0-> 'I~ "'T ~o:: ~It;; ""'w ~I~ o . v>t;; I~ T'- 100 I 1 60' (P) I- I TEMPORARY CONSTRUCTION EASEMENT 796 SQ. FT. NORTH LINE OF PALM LAKES GARDENS PLAT BOOK 30, PAGE 6A S 89°58'18" E 130.00'(P) ---~------- LIS' DRAJNAGE 8 LANDSCAPE EASEMENT (P) <t ill U1 Z W - - W 0 2 Cl.. Cl.. - 0 <t - Ln 0:: CL - 0 N ¿, <I: 0"> .... C) .... - - VJLW Wz ~- ~~I LO V>, 00 ;;;a:: N ,.., ,.., ,.., w 6S.48 '(p ) z ::z 0 0 ;= ;= u u w w VJ VJ 0 U1 fV) W :::,¿ <I: :::,¿ ~ 0 0 ~ (1) ~ <I: I- CL <I: ~ 0.: Bearing Basis: PALM LAKES East Line af the S.L ;;:: A VENUE Quarter of Section 32 ~I (S 00 ° 02 . S 7" E) ....., EXIST. R/W LJNE N 89° S 7 . 26" E 20' ADD. R IW DE 0 . (P) 52- - ~ ~.-:~~:;~~L5) 3 - ~ ~~~::~l~ ~ EASEMENT (PJ d, "B" (P) ~ <.Þ <.Þ '-<> LEGAL DESCRIPTION AND PREPARED FOR, 7S' 40' . ...... LJ")- ·0 N' 00"> oN 0- o V> ·1 ~I 1 ~I ~I ~I c: :r: I ;; <tl ¡; ~I 3: ~I ~ c: 1-1 <i wi ê5 ~I ~ 1-1 « ~V ~I Lnl N LW ., IX> (/), ~ I I :, Ln ::z LOI 1 OCI ·1 (/) 1 1 I SKETCH 40' w ,.." w~ ZLn - . -..J _ ;;:,.-, , 0 a:: 8: ,....:z V> >< w EXIST. CANAL R/W LINE N 89°30'26" E N 89030'26" E QUARTER SECTJON LINE .... N 89°30'26" E EXIST. CANAL R/W LINE NOTE, BEARINGS SHOWN HEREON ARE BASED ON FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983/ ~ 1990 READJUSTMENT. THE EAST -..J LjNE OF SECTION 32, TOWNSHIP ~ 35 SOUTH, RANGE 40 EAST BEARS, c: SOUTH 00°02'57" EAST AND ALL I- OTHER BEARJNGS SHOWN HEREON VJ ARE RELAT]VE THERETO, >< w AB8REVJATIONS 1 LEGEND, (PI . AS SHOWN ON PLAT ~ . BASELINE ~ . CENTERLINE EXIST. ' EXISTING FKA . FORMALLY KNOWN AS FND. . FOUND N.S.L.R.W.M.D., NORTHERN ST, LUCIE RIVER WATER MANAGEMENT DISTRICT · POINT OF BEGINNING , POINT OF COMMENCEMENT · RIGHT OF WAY · SOUARE FEE T · TEMPORARY CONSTRUCTION EASEMENT ADD, . ADDITIONAL ~~ "'~~ . SUBJECT PARCEL P ,O.B. P.O.C. R/W SO. FT. 1.C.E. STA. 85+3S.74 ~ OF SURVEY S.R. 61S (SOUTH 2Sth. STREET)· STA. 30+00,00 ~ OF SURVEY PALM LAKES AVENUE N·1110632.S35 E· 8G6988.340 11H1S IS NOT A SURVEY T. C. E. 732 ST. LUCIE COUNTY, FLORIDA BURDETTE & ASSOCIATES, INC. 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (772) 231-8750 ..,\PARCELS802\tces\tce732.dgn 06/04/0307:44:33 AM OFFJ c[, E.G. FJELD BOOK, DA T£, CHECKED, G.M. B. JUNE 2003 SCALE, NOT TO SCALE DRAWING NO" 615TGE732 OF SH[[ T 2 2 ~ ..." RESOLUTION NO. 04-42 A RESOLUTION ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FOR SOUTH 25TH STREET ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing TEMPORARY CONSTRUCTION EASEMENT is duly accepted on behalf of St. Lucie County this 20th day of JANUARY, 2004. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: . County Attorney G:\ACQ\WP\JoAnn\25th Street\Harris\Resolution No. 04-42.wpd '-' ~ This instrument prepared by: JoAnn Riley under direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 PROJECT: FROM: PARCEL NO.: South 25th Street James E. Harris 734 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT, made this 25th day of November, 2003, by JAMES E. HARRIS, whose address is 2404 Dade Road, Fort Pierce, Florida 34982, hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter referred to as GRANTEE. WITNESSETH That the grantor, for and in consideration of One ($1.00) Dollar and other good and valuable consideration do(es) hereby give, grant, bargain and release to grantee, its agents, assigns, contractors and sub-contractors, a temporary construction easement to enter upon that portion of certain lands owned by the grantor being described as follows: SEE ATTACHED EXHIBIT "A" for the purpose of tying in and harmonizing said property, thereon with construction of roadway and appurtenant facilities within existing right-of-way. This Easement is granted upon the condition that the sloping and/or grading upon the above land shall not extend beyond the limits outlined above and that all grading or sloping conform to all existing structural improvements within the limits designated, and all work will be performed in such a manner that existing structural improvements will not be damaged and the Grantee shall not interfere with or obstruct Grantors ingress and egress to Grantor's property. This Easement shall expire upon the completion of the construction of the above referenced road construction project. "". "wi IN WITNESS WHEREOF, the undersigned Grantors have hereunto set their hands and seals this 25th day of November, 2003. Signed, sealed, and delivered in our presence as witnesses: _f3Ñ '- WITNESS ~. ~-';~U~ . JAMES E. HARRIs ßfL\ A.v (Print Name) tvv&~f.LS~1 ~tL~ TNESS 10 ANN Ri I ~y (Print Name) , STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this 25th day of November, 2003, by JAMES E. HARRIS who is personally known to me or who has produced a Drivers License issued within the last five years as identification. /+~~:;.~::~~~ JoAnn Marie Riley È*: "å"~:*§ MY COMMISSION # em5750 EXPIRES ~'å~'l December 4, 2004 ~Rf.:r..~·· BONDED TH~U noY FAIN INSURANCE, !He. ~ìYt~1Z4 o ar'[ Public . ~ArJ,J MCi.£,;e.. {¿;{e-t (Print, Type or Stamp Name of Notary Commission No: CC qg5 750 My Commission Expires: /2-If-JððtJ., (NOTARY PUBLIC) SEAL G:\ACQ\ WP\JoAnn\25th Street\Harris\ Temporary Construction Easement.wpd 2 '-' ""'" LEGAL DESCRIPTION TEMPORARY CONSTRUCT I ON EASEMENT (T. C. E.) 73L1 A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER SECTION 28, TQWNSHIP 35 SOUTH, RANGE LlO EAST, ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND NAIL (PLAIN) AT THE WEST QUARTER CORNER OF SAI D SECT ION 28; THENCE SOUTH OOOOLl' 20" EAST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, A DISTANCE OF 1282.7L1 FEET TO A POINT (BEARINGS ARE BASED ON SAID WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28 AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO); THENCE NORTH 89°50'1£1" EAST DEPARTING SAID WEST LINE, A DISTANCE OF 53.35 FEET TO THE INTERSECTION THEREOF WITH THE EXISTING EAST RIGHT OF WAY LINE FOR STATE ROAD 515 (SOUTH 25TH. STREET) AND THE EXISTING NORTH RIGHT OF WAY LINE FOR DADE ROAD. SAID INTERSECTION ALSO BEING THE POINT. OF BEGINNING OF THE FOLLOWING DESCRIBED TEMPORARY CONSTRUCTION EASEMENT 73£1; THENCE NORTH 00°13' 19" WEST ALONG SAID EAST RIGHT OF WAY L I N E FOR S TAT E RO A D 5 I 5 (S 0 U T H 25 T H. S T R E E T ), A D I S TAN CEO F 3£12.00 FEET TO A POINT ON THE NORTH LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORD BOOK 1151. PAGE 2L151 AMONG THE PUBLIC RECORDS OF SAID ST. LUCIE COUNTY; THENCE NORTH 89°Ll5'LlI" EAST ALONG SAID NORTH LINE, A DISTANCE 5.00 FEET; THENCE SOUTH 00°13'19" EAST, A DISTANCE OF 3L12.00 FEET TO A POINT ON ~AID NORTH RIGHT OF WAY LINE FOR DADE ROAD; THENCE SOUTH 89°Ll5'LI " WEST ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 6.00 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL OF 2,052 SQUARE FEET MORE OR LESS. G. ARTIN BURDET.TE FLO DAfU~~EYOR AND MAPPER DATE: ~ 1..4/D:;; BURDETT 8 ASSOCIATES, INC. AND SKETCH· - T. C. E. #Ll136 LEGAL DESCRIPTION 734 PREPARED FOR, ST. LUCIE COUNTY, FLORIDA BURDETTE & ASSOCIA TES. INC. OFFJCEE'. C. CH£CK£D, G. M.B. 2295 GENESEA LANE FJELD 800x, VERO BEACH, FLORIDA 32963 DATE, (772) 231-8750 JUNE 2003 ...\PARCELS802\tces\ TCE734.dgn 06/11/0307:21:25 AM SCALE, N/A DRAWING NO., 615TCE734 OF SHEET 1 3 ABBREVIATIONS / LEGENr ~ ' BASEL~ [ . CENTERLINE (C) , CALCULATED DATA (D) . AS SHOWN ON DEED (PJ . AS SHOWN ON PLAT EXIST. ' EXISTING FKA . FORMALLY KNOWN AS FND. . FOUND N.S.L.R.W.M.D.· NORTHERN ST. LUCIE RIVER WATER MANAGEMENT DISTRICT · POINT OF BEGINNJNG , POINT OF COMMENCEMENT · RIGHT OF WAY · SOUARE FEET · TEMPORARY CONSTRUCTION EASEMENT :\'\.""- \,~ . SUBJECT PARCEL P.O.B. P.O.c. R/W SO. FT. T. C. E. EXI S1. CANAL R /W LINE ~ N.S.L.R.W.M.D. ~ CANAL NO. 10 X3: LoU "- '" EXIST. CANAL R/W LINE S 88°40'50" W \..\~£. ?-/'II ?,/?, \Sí. . 'II £.'1- 1)'1)\ ó~OJ S ? w z ? :; ? Ñ ~ N :.0 0: ill o 0 o ~ 0 ov>g ~;; :z w 80 40 o - N ~LO ~"" o 0- :z - w :z :>-- w-' > '" :z ::>0 V1- >- fEiu LoU V1 o o L.{) "" .J GRAPHIC SCALE - FEET SECT! ON 28 TOWNSHIP 35 SOUTH, RANGE 40 EAST ¡POINT OF CO~NCE~NTI P.L STA. 144-72-32 ~ OF SURVEY S.R. 615 (SOUTH 25th. STREET)· WEST 1/4 CORNER SECTION 28 å-00·06·58W (RT.) N·I 1 16566.271 E- 867105.972 FND. NAIL (PLAIN) IN ASPHALT SQUARE CUT QUARTER SECTJON LINE N88°45'13"W 51 81 .50' ( F ) ----- 80 w :z --' 3: 3: ~ ;¿ "'. N ~f~ ~~ NOTE, BEARINGS SHOWN HEREON ARE BASED ON FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983/1990 READJUSTMENT. THE WEST LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 35 SOUTH, RANGE 40 EAST BEARS, SOUTH 00°04 '00" EAST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. SEE SHEET 3 LEGAL DESCRIPTION AND SKETCH ITHIS IS NOT A SURVEY T.C.E. '734 PREPARED fOR, ST. LUCIE o N "" "" COUNTY, FLORIDA BURDETTE & ASSOCIA TES, INC. OfflC£E'. C. CHECUD, G.M.B. 2295 GENESEA LANE FJ[LD BOOK, VERO BEACH, FLORIDA 32963 DA TE, (772) 231-8750 JUNE 2003 ...\PARCELS802\tces\ TCE734.dgn 06/11/0307:21:50 AM ~ o o o o ADD. RI1I EAST 60' 101 --' ;k3: , .... "'''' VJ I"" ;.., . - >- . V1 0_ Ox :z w ;k , w'" :z - ~ - ~ V1-'- - 3: å x.... ° L.U '" :z SCALE, I· , 80' SHEE T DRAWING NO., 615TCE734 Of 2 3 GRAPHIC SCALE - FEET z N 0 fVl .......... W V) <...') .......... « > 0... S OOOO~'20" E .......... 1282. 7~' 0 (ALONG SECTJON LINE) CO ::J V) V) 0 0:: 0 W CO 0 ---.J ~ .......... « I ---.J U 0... Beoílng Bosls: West Line of the N. W. I /~ of the S.W. 1/4 of Section 28 (S 00°04'20" E) 80 40 \p o 80 ~ w rv1 :z - I -' -= ...... I a:: ...: I V> -x I ~w ò I ~ '" lD a> . - co 0 fVl .,; :!: I '" '" - ..... õ 0 :z SECTI~8 TOWNSHIP 35 SOUTH, RANGE 40 EAST N ~J~ ~~ Q. o o a> '" TEMPORARY . CONSTRUCTION g EASEMENT ~ 2,052 SQ. FT. "'" IV') - o w ü <:( W 0:: U <:( Lu - 0-, o D - STA. 131+64.52 ~ OF SURVEY S.R. 615 (SOUTH 25th. STREET)- STA. 30+00.00 ~ OF SURVEY DADE RD. N-I I 15258.475 E- 867111.038 NOT SET IV') N ;-IO.R,B, 1151, PG. 245" ;; a a V") 5&1.&3' !P) S B8°04'25" W NORTH L1 NE OF THE S. E. I /4, OF THE S.E. 1/4 OF SEC. 29 -= ...... a:: I \ 0- V> X W LEGAL SKETCH THJS ]S NOT A SURVEY T. C. E. 734 PREPAR£D FOR, ST. LUCIE COUNTY/ FLORIDA BURDETTE & ASSOCIA TES, INC. OFFlC£E'. C. CHECKED, G.M.B. 2295 GENESEA c LANE F/£LD BOOK, VERO BEACH, FLORIDA 32963 DA T£, (772) 231-8750 JUNE 2003 ...\PARCELS802\tces\ TCE734.dgn 06/11/0307:22:06 AM SCALE, I' . 80' DRAWING NO" 615TCE734 OF SH£ET 3 3 .~ .. ...., AGENDA REQUEST ITEM No3:E DATE: January 20, 2004 PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMmED BY(DEPT): County Attorney SUBJECT: BACKGROUND: FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: ~. APPROVED [] DENIED [ ] OTHER: Approved 5-0 [X] County A ftocoey , ~ [x] Originating Dept: jl"l't- Daniel S. McIntyre County Attorney Environmentally Significant Land Program North Fork of the St. Lucie River Rhona S. Fromberg and Joseph L. Pallant Parcel I.D. #3409-703-0125-000/4 and 3409-703-0151-000/5 Please see attached background memorandum. Funds are available in account 382-3915-561000-310026 On May 22, 2001, the Board budgeted funds to procèed with due diligence on those parcels on the priority list where there are wi lIing sellers along the North Fork of the St. Lucie River. This property, although not on the priority list, is contiguous to other acquired parcels on the North Fork and would be used as a buffer to the trails. Staff recommends that the Board approve the Contract for Sale and Purchase for $36,000.00, authorize the Chairman to execute the Contract for Sale and Purchase and direct staff to proceed with the closing and record the documents in the Public Records of St. Lucie County, Florida. -- Douglas . Anderson County Administrator Review and AÞÞrovals [ ] Public Works:_ [ ] Engineering: [x] Management & Budget. [x] Community Development - I .. '--' .."",¡ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney DATE: January 20,2004 SUBJECT: North Fork of the St. Lucie River Rhona Fromberg and Joseph Pallant Parcel I.D. 3409-703-0125-000/4 and 3409-703-0151-000/5 ---------------------------------------------------------------------------------- ---------------------------------------------------------------------------------- BACKGROUND: In May of 2001, a list of priority parcels along the North Fork of the St. Lucie River was presented before the Board of County Commissioners. The Board granted staff permission to pursue the willing sellers along the North Fork. Development pressures are continuing to increase and many remaining parcels within the North Fork project are in need of public protection. Although these parcels are not on the priority list, they are contiguous to parcels already purchased in the North Fork Project. A Contract for Sale and Purchase was previously sent to the property owners for their property that was on the Priority list. At that time, the property owners offered the parcels identified on the attached map which are contiguous to property owned by St. Lucie County. Staff considered the offer and decided the two parcels would provide a buffer for the proposed trails and should be acquired. The Contract for Sale and Purchase is available for your review in the Property Acquisitions Office. RECOMMENDATION / CONCLUSION: Staff recommends that the Board approve the Contract for Sale and Purchase for $36,000.00, authorize the Chairman to execute the Contract for Sale and Purchase and direct staff to proceed with the closing and record the documents in the Public Records of St. Lucie County, Florida. 15280 I TWP. 35S.-RNG. 40E., ~, ED"'UNO RADKE ~f~1 11/ ~ EVA ST. - PETtR & UNOA Lnf !\ 615 ) .) HA YS 6( ~ .JDANIEL de ClJ,RA2.!2::.!L4 f'j/ -< "loILllA LEPORE 1113 A ~ 0 WillS ~.~ 17.17 IJ.. l H9~lIr·ra·.I:: ,,' ~¿ ~ DAOOS ~ ~ '--f.-~ Nð:ll.lIAN2'1_1/1¡« ¡",~ CORP.ID -<rT_a: - VOl.~ ~ 7Q"I";: I /ì Þ'- UJ r ~ H' ~ JŒiN de P A TRIClAU'l2 < ~~ L..-" ~ 10.79 Cf) -J JV~ ~ ,..- a.. z:: C.ok.R 4.41 W FERRIC)( 14 14 AC ,": ",). Q.,r.uD£ ~ 1\)1IP,£R '-- oc( THOMAS "\\<:: SIoIITH ð: :;¡ P~CNAL ST...-lU: ZA YOON 502/3 '\ ~~ l¡ B~I~L ~ u.iT I .ë 2431 Ac. \. '(t' _00. \ q ~9 r- >V,UGUSTA ST ~~ ~;~ ~ ~ ~ _ II) r\' ~r4:ï1CHAALOTT<; ST. ~ :;; ð -< . ~ ill en "" ~~ ~ ~ . Cf) 1 Ii ~ ~ ': ~ ~ ~ ~ ..,.., ,,\\~ /6JW A Y RO. f3 /"0... ~...v-< -< a:: ~ il-'-_ ~.., ~ 7 8£~ 4.76"1 ~ r-~'···I. -., 0d 11/1 ~ ~t ST IUTI5 .::1 ~ '" cwERSON I I I NE....1QH I ST. LUCIE r¡¡ u. ~~::~ _ ~ ; i ~ ~ [.j;jA Y I VVIU L~ lJCN~AN&.~~ISE COUNTY ~if= II 2nd. ST. ð ',......,n .....,A~DR. 14.6 /I I ~·~R~E~i '" IX: ~ SIDNEY & RAr-.BOW Cft 1 T , , _ ~ ~. 'ruT> FLEET~OOO LN. - e.ÐeRS RD.' <;g ~ v<.. , MIRIAM ~~ I ~ ~ J -.: ...~. ~ HUBERMAN~~D~YJ 186 RIVER HAMMOCK LN.#\~'~ KNGSWO_~ ~ rlJ FlOIIOO cr.. IX: Z I~ ~ "':è þ,!; ........ _ LUCY LN.- -. '"'" ~ ~ ~\~ð~ ~ ~ ........ DRFTWOOD LN. ~ ~ - ~~o ~ ~ I I I CANOE CREEK LN. AI - ~ BUCKEYE 00. (g§ ~ ~~ 502-0200/9 J.d- ~¿4 , I w~;;:E;:7 r fM::T~ <~ T I I -::"A MK 7m;: c.,tP 4!1 ~ ~ a:: 55.82 Ac. ~ ><" I .. l r CAG..IONI \ ð 0= ~ ~ J6'.., , \ 7.77 Z 1..~..~~1J( 4 ~ ~ .-\ /J ~ _.. J ,'~ , ~ t; ~ g â o:~ )-ª 5 ~ TÆDA L ~ -- \ III _~-CI , - r ~ !{2 I ~~2S-'- ...- a: ~. \\ '- II'] JA...(S &I .....LIlA I~ ~-b L-J '* > I ~I:.J< a U . I ~ j. 34(1~~~I~g2¡1j/~ I PEITR P}'\ MALLARD CT. ~ 8. ~ I r .o~.'-.. ¡~ ~ OAD AVE~ ~ 1;;~' I¡¡' PETRAV1cE: I JOliN & :--1('~~ ~ , 'Y ,;. 7.ARCHrv4ff4.1.~1 ....Bll ll~E8EIlGER 5.~9 L~~~ r ~T~~~ <1(""': ' . J HENORY III 7.5 Y-J;1 18.91 V1CTOR 502-5!7u.i LYDIA ~ I/D\ ~J (J g SCHOOL ~ ~ ROWE II 23.63 Ac. ~ BALANZA ITO ~ ATLANTIC - ~ \,;~t-?- A 1l.ANTIC ~' BOARD OF. II MADEL YN rn 17.59' < GULF' COMIJUNITIES ~ ~d'$~" GULF ~ST. LUC1( ,X ROBINSON ~~2- 7/4- ~ I HI¡Hô€Wlsr· ~ CORP. õ!> COMM. <.~ 87.5 COUN TY .4 Ac. RcelNSON 11.36 ~ ..i-- r-r :.¡,,; CORP_ t;. 24.'6'ãA \1' G:o~E 502-8/1 \",/ EUSEBIO & I,IARIA ~ w~ - . II n 28.86 Ac. B(N(...(RlTQ 9.67 w 10.6.3 ~~ (¡ JÞ<I€ ~',(S 41) I I M I I ¡ I f I I DANI"-.O 8' If -1 :.. ~.... I~RRY AFEI ~. T~NFORO 'y "'< %9. ...= en ~ I I - ~ ~Mm SillNllY ,. Sr l'. ATlANTIC;: ~ -..:::::: <OS ,:;nl " Dc T\JF!NER ~O(¡J.:",-IJCI'" j ~OLT~ n. SA 'T'r " GULF \.~ JOSEr I . \ lID HI I H I<,~ COI.AM. SClnJRRO ~ ~ UH. 54-4C CORP t.z _ lB.6~ 0 u In.- "TlJ,NTlC GULf'i. ~. - I-PARKLAN) BLVD. P.&.J 4.8 IoAARTHA 311-0000-000/6 CO....... CORP. ~ ~e 'Y II I ROOOJNO ZIEDINS 262.54- Ac. ...- ì ~ ~ 'l~OIW'" "E OAK L~ :¿~ok ~cs 10.01 j.o ;f [,/50.08 Ac.. ~~~~~l88'Nf I II II \' ~ . % ///"".'~///~",'l-.../.ø ), ''\,''OŒI!T C'''U'OI< c.R. It B. C.IØO< ECHO ST. /-' ,,'\ tc L. BCRG 7 7 & u,.P BERG ?:: /í ~\.........J I u.oyo a 'fI.0f! ~ SAEG.EF1 AVE. , ...;...,.....À.n:·Mtlic',H/'/;... //..../d///////% DAVID & LLOYD 101)-0°90-010/0 ;uLi:' COMMUNITIf,s..\\...·r 21l=JJlí DEB81E 1.l.U] TAYLOR1~11;~~ 66.t.1 Ar; CORP).o"'\\ 34.6.3 Ac. /, TAYLOR 19.94 Ac ïï' ~~~ FLORIDA PowER ~1- % FLORIDA POW¿R / 113-0000-000/6 & LIGHT CO. ~_, I~' & LIGHT CO. V "f ! 75. ì A1;.. 21.:.::..!.L . u'f'! (':¡. ., , ~ :'775 Ar:. ::::=i~_v. 113-0001-000/0 . ~~ /,.:.xC' - FRIINI< 4 AV:.. ~~I" u~ AVe. ~ ,,:r't. c:::>~ 'f;f~ 52.45 Ac. N()I0l.~: _ ~'~ 0 ~'J;'{ ~ ,.:=::-~ ~ ~:/ \~ DOOAlD ~6 P.ac.D ~.ì . ~ÇI.~\.P ~'? ''1t. ~. I 4 A TLAN TIC ~ r \~" ...ARilN 11.67 Ac. IIARrN CONSL.M::R A\¡;;.. ~~IG ''t}¡t7.e:. . GULF COMMUNITIES ~1.J2-1/9~'~\.IOONALD 13i=.lL5 ~ ......... $'~ ,,¡u.Nnc b 0 CORP ~ 12..32 "c. (\ MARTIN 21 33 Ac CQM.IODOR(. TER. FOXWORTH AVE. - t.F co..w. !, ",--.. .' ..._ COR.!' _ :c ..~ (,,-;:-- \fpAIJlINr: o SEE ~ 36 660 1320 1980 26<40 I FEET 1 ADR~NT "í=LORIDA ....,¡ I P.",.~ 4 PE fER & ew. GlEN & JC_CAro: UNOA BL.4C~- ...A&L BuRN ~.ok.C ¡:a HAYS mUCKINC, BLACK- 118) EBNER 9.18 INC. 9 BURN 9.4 L .....RIO U ~d PETER de CARL TOO EUG(NE I 08"'''00 ~ a: UNOA BLACX - de BErn J. d.D ~ ~ ~ ~ ~ Z HA'fS BURN SANDERS GRECN >- 0 ..., Z 9.1/\ !.lINING 10 r--,9 a:::z:~:J C.&.Y ~.6 IX: æ' 'ªO ~RRY« moy & IoI,r.RY HLJ"Q PF!(SCOrT ~ CD úr BRENDA PAMELA ROKOS",-c ú<>lAlD 0 ~ CRU~LL DRAVIOY -, ruTC" 4.6 ~ J: :z: .-. 9 86 '009 IX:U:::::>- . . S.t<.R 4.6 'i ~ '- tj \ L,"IOWAY~~ rU10; - J: ,..; =r. O;URC :::::> U >< 5 CHRIST. ~ ~ "C. . ..c -r ;;H I I ..uDl ~ H O. GUETTlER 7 I\~ FLORIDA &: COAST >- INVESTORS ~ LTD. :S 502-0145/5 ~ 34.85 Ac.¡- I r; 3 \ -- ~~~~\ r- ~ .~~ . ~-jl_~ . ~ ~~ I~ P "< Oîr'Z \r\jD f- \ JL- c c: ATlANTIC GULF COMMUNI TIES CORP. â A y .. A 1l.ANTlC GULF COMMUNITIES CORP .. . .. . FLORIDA PowER .sc UGH T COMP AN'( ... ~J <JOO/I Ä(; f2}t{JOOHXj()//J Subject parcels County owned parcels N Scale: 1" 575' (~ (~f1OO/5J fII~