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HomeMy WebLinkAboutAgenda Packet 08-17-04Mr .i ~ ~r '-,- ~1 ~~ W AUGUST 17, 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 requesu are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS -These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed rp for 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 commenu to five minutes. DECORUM -Please be respectful of others opinions. MEETINGS -All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional 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 District No. 3 )ohn D. Bruhn, Vice Chairman District No. 1 Doug Coward District No. 2 Frannie Hutchinson District No. 4 Cliff Barnes District No. 5 August 17, 2004 6:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE 11. MINUTES ~~~ Approve the minutes of the meeting held on August 10, 2004. P~ ~~ 2. PROCLAMATIONS/PRESENTATIONS A. Reading of the announcements by the County Administrator 3. GENERAL PUBLIC COMMENT 4. CONSENT,/AGENDA C~3G/~ ~(~1~I~d ~f "i a/r~~ 1-4~ilflrn~a(~ ,~l~f'~ ~ ~O I~IYIhPX) r~ ~.~!' PUBLIC HEARINGS ~A. PUBLIC WORKS ~bf Engineering Division -Green Acres M.S.B.U. Initial Public Hearing Potable Water Improvements - FPUA PQe~~~ -Consider staff recommendation to adopt Resolution No. 04-208 creating the Green Acres M.S.B.U.; approve the preparation of an Interlocal Agreement with the City of Fort Pierce and the Fort Pierce Utilities Authority; and authorize the County Engineer to proceed with the engineering and design of the Project. 5B. COUNTY ATTORNEY Ordinance No. 04-027 -Amending Section 1-20-17 of Division 1 of Article II of Chapter 1-20 of the / A ~ Code of Ordinances of St. Lucie County, Florida, by Prohibiting Parking on Juanita Avenue (Both sides) from its Intersection with North 25~ Street (SR 615) West a Distance of approximately 440 Feet. - t,~ Consider staff recommendation to adopt Ordinance No. 04-027 as drafted. 5C. COUNTY ATTORNEY n Ordinance No. 04-028 -Amending Section 1-20-17 of Division 1 of Article II of Chapter 1-20 of Code of Ordinances of St. Lucie County, Florida, by Prohibiting Parking on Old Dixie Highway (Both sides) from its Intersection with Naco Road South a Distance of approximately 1,056 Feet; and by Prohibiting Parking ~Q~ on Naco Road (South side) from its Intersection with Old Dixie Highway West a Distance of approximately '~,` 1,056 Feet. -Consider staff recommendation to adopt the attached Ordinance No. 04-028 as drafted. ~~, Ye5 ~ ~eS ~+'' Regular Agenda Y`5 August 17, 2004 ~l(ALS Page Two /~ 11 ~ I ~ G S 5D. Resolution 04-099 granting approval to the Conditional Use Permit petition of ]oseph Lopez, for a Conditional Use to allow for the operation of a Landscape and Lawn Maintenance facility to be known as ~v~~~ Lopez Landscaping and Maintenance in the AR-1 (Agricultural, Residential - 1 du/ acre) Zoning District. - Consider staff recommendation to approve Draft Resolution 04-099. J~QQ 1 ' SE. GROWTH MANAGEMENT Resolution 04-095, approving the request of Ocean Fours Development Corporation, for a change in zoning from the AR-1 (Agricultural Residential - 1 du/acre) zoning district to the PUD (Planned Unit ~~((,~~evelopment) zoning district and Preliminary and Final Planned Unit Development (PUD) approval for an t'S` 27-lot single-family residential project to be known as Lone Pine, for property located on the west side of ~~ Citrus Avenue, approximately 1,1 16 feet south of Mallard Court (North Fork Estates entrance) - Consider staff recommendation to approve Draft Resolution 04-095 approving the petitioners request for change in zoning from the AR-1 (Agricultural, Residential - 1 du/acre) zoning district to the PUD (Planned Unit Development) zoning district and Preliminary and Final PUD approval fora 27-lot single- family residential project to be known as Lone Pine, subject to the limiting conditions contained therein. ~QS~F}`~~ GROWTH MANAGEMENT ~" Consider Draft Resolution 04-100 granting a Change in Zoning from the I (Institutional) Zoning District C ~ to the CG (Commercial, General) Zoning District for property located on the north side of Weatherbee Road, approximately 500 feet west of South U.S. Highway No. 1. -Consider staff recommendation to approve Draft Resolution 04-100. 5G. GROWTH MANAGEMENT Mo~ivy- Ctppra~e. ~i~ ~' ~ Resolution 04-096, approving the reques of James T. Long, Skyline Building and Development, for a ~p~' change in zoning from the RS-4 (Residential, Single-family - 4 du/acre) zoning district to the PUD ~~t (Planned Unit Development) zoning district and Preliminary and Final Planned Unit Development (PUD) ~QQ approval for an 73-lot single-family residential project to be known as Oakland Estates, for property located on the Northwest corner of the intersection of Palamar Drive and Kings Highway. -Consider staff recommendation to approve Draft Resolution 04-096 approving the petitioners request for change in zoning from the RS-4 (Residential, Single-family - 4 du/acre) zoning district to the PUD (Planned Unit Development) zoning district and Preliminary PUD approval fora 73-lot single-family residential project to be known as Oakland Estates, PUD, subject to the limiting conditions contained therein. 5H. GROWTH MANAGEME T ~ Ye}~ PSrwi~~~IJO, NK+ch~ ~5w,-yes, Cawrwr~~yeS tee-`{has i l.e~t s yQ's ) ~Qf~1 , Resolution 04-094 approving the request of Lennar Homes, Inc. for a c~ange in zoning from the PUD a' ~~~ (Planned Unit Development -Silver Oaks) zoning district to the RM-5 (Residential, Multiple-Family, 5 du/acre) zoning district for property located at the southeast corner of the intersection of Silver Oaks Drive ~'o ~'( Q~ and Tilton Road. -Consider staff recommendation to approve Draft Resolution 04-094. ~o ~ 51. GROWTH MANAGEMENT ~v Consider Draft Resolution 04-093 granting a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) v Zoning District to the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District for property located on the west side of Keen Road, approximately 700 feet north of Angle Road. -Consider staff c recommendation to approve Draft Resolytion 04-093. ~I ~~ I ! ~ P JC ~MDGr ~~ (1 ~ l~ ~~ ~,,~ Ccrn ~ nur~nc~ {~ ~Q~ (yQ END OF PUBLIC HEARINGS CONSENT AGENDA AUGUST 17, 2004 1. WARRANTS LISTS Approve warrants list No. 48 2. GROWTH MANAGEMENT Request acceptance and approval of RFP #04-073 for Advertising Services for Tourism Development Division in fiscal year 2004-2005 -Staff and TDC recommend that the Board allocate $21,600 from the Tourism Development Professional Services budget and enter into a contract with Simple Success Marketing to perform these services -RFP#04-073. 3. GRANTS A. Community Services -Submission of the FY04/05 application to the State of Florida Department of Community Affairs for the Community Services Block Grant Allocation and Resolution No. 04- 244 -Consider staff recommendation to approve the submission of the grant application and Resolution No. 04-244, authorize to accept the grant and authorize the Chairman to sign all documents necessary to execute the application and accept the grant. B. Community Services -Amendment No. One to the Urban Transit Grant Joint Participation Agreement -Contract No. AN992 -Consider staff recommendation to authorize the Chair to sign Amendment No. One to the Urban Transit Grant Joint Participation Agreement -Contract No. AN992 C. Community Services -Emergency Shelter grant to the Department of Children and Families Office on Homelessness for funds to assist with renovations of a transitional shelter for homeless women 1'~ r and children -Consider staff recommendation to authorize the Chair to sign the required ~~ r j D application forms and staff to submit an Emergency Shelter grant to the Department of Children P and Families Office on Homelessness for funds to assist with renovations of a transitional shelter for homeless women and children. 4. COUNTY ATTORNEY A. Silver Lake - BJS Properties -Parcel I.D. No. 2427-701-0000-010/2 -Consider staff recommendation to deny this counteroffer due to the fact that the counteroffer significantly exceeds the value determined in Mr. Fuller's appraisal. B. Petition for Abandonment -Drainage and Utility Easements located on south side of Lot 9 Block 173A Request Permission to Advertise - Notice of Public Hearing - Consider staff recommendation to authorize a Public Hearing to be held on September 7, 2004, at 6:00 p.m. or as soon thereafter as possible. C. Historic Resources Survey -Fifth Amendment to May 7, 2002 Agreement with Janus Research, Inc. -Consider staff recommendation to approve the proposed fifth amendment to the May 7, 2002 agreement with ]anus Research, Inc., and authorize the Chairman to execute the amendment. D. South 25th Street Roadway Widening -Midway Road to Edwards Road -Temporary Easement - Barbara A. Wax -Consider staff recommendation to approve the Purchase Agreement with Barbara A. Wax in the amount of FOURTEEN THOUSAND TWO HUNDRED and no/100 DOLLARS ($14,200.00) 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. Consent Agenda August 17, 2004 Page Two E. South 25th Street Roadway Widening -Midway Road to Edwards Road -Temporary Easement - John K. and Mary Ann James -Consider staff recommendation to approve the Purchase Agreement with Mr. and Mrs. James in the amount of TWELVE THOUSAND FIVE HUNDRED and no/100 DOLLARS ($12,500.00) 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. F. North County Charette Master Plan -Interlocal Agreement with Treasure Coast Regional Planning Council -Consider staff recommendation to approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. 5. COUNTY EXTENSION Request to establish a Growth Management Agent position funded 50% by each the University of Florida and St. Lucie County using funds available -Consider staff recommendation to approve the request to establish a Growth Management Agent position. 6. ADMINISTRATION A. Board of County Commissioners Meeting schedule changes for November 2004 -Consider staff recommendation to approve the changes to the Board of County Commissioners meeting schedule for November 2004. B. Commission/County Administrator Travel -Consider staff recommendation to grant authorization for in or out-of-state travel for the County Administrator and any member of the Board during the FY04-05 fiscal year. C. Housing Finance Appointment - Consider staff recommendation that the Board ratify Commissioner Cowards appointment of Ms. Jill Olen to the Housing Finance Authority. D. Housing Finance Appointment - Consider staff recommendation that the Board ratify Commissioner Barnes appointment of Trisha Pollard to the Housing Finance Authority. 7. PUBLIC WORKS Engineering Division -Amendment No. 8 to the Consultant Agreement with Inwood Consulting Engineers for additional optional services funding to assist the ongoing property acquisition for the S. 25th Street Roadway Widening Project (Midway Road to Edwards Road). This will have no effect on the bidding of this project -Consider staff recommendation to approve Amendment No. 8 to the Consultant agreement with Inwood Consulting Engineers in the amount of $50,000, and authorize the Chairman to sign. 8. CENTRAL SERVICES New Clerk of Court Building - "Air Conditioning" -Consider staff recommendation to grant approval to use the services of Edlund Dritenbas Binkley Architects/Continuing Contract #CO1-Ol -266, through a Work Authorization as prepared by the County Attorney, in the amount of $1 10,000.00 for Phase I of the Chiller Plant Facility and authorize the Chair to sign the Work Authorization. Staff further recommends the Board of County Commissioners approve not to exceed $140,000.00 to lay chill water pipe along 2nd Street and piggyback said work (Contractor yet to be determined). +~' ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ANNOUNCEMENTS AUGUST l 7, 2004 1. The Board of County Commissioners will hold a Ground breaking ceremony for the Jail Pods on Monday, August 23rd at 10:30 a.m. at the Rock Road Jail. 2. The Board of County Commissioners will hold a workshop to discuss ESL/Greenways/Open Space Potential Purchases on Wednesday, August 25, 2004 at 1:OOp.m. in Conference Room #3. 3. The Board of County Commissioners will hold a Ribbon Cutting Ceremony for the Adams Ranch Equestrian Arena on Friday, August 27th at 10:30 a.m. at the St. Lucie County Fairgrounds. 4. The Board of County Commissioners will hold a Ground breaking ceremony for the Lakewood Park Regional Park on Saturday, August 28th at 9:00 a.m. on the Northwest Corner of the park on Emerson Road. 5. Lincoln Park Summit Public Input and Follow-up, will be held Thursday, September 9, 2004 at 6:00 p.m. at Lincoln Park Academy, 1806 Avenue I 6. - The Board of County Commissioners will hold the Preliminary FY 2005 Budget Public Hearing on September 9, 2004 at 5:05 p.m. in the County Commission Chambers. 7. The Board of County Commissioners will hold a Public Hearing on the second reading of proposed Ordinance 04-021 (amending IL-Industrial Light and U -Utilities) to add off road vehicle parks on Monday, September 13, 2004 at 6:00 p.m. in the County Commission Chambers. 8. The Board of County Commissioners will hold a Public Hearing on the Treasure Coast Land Clearing/Treasure Coast Tractor conditional use permits on Tuesday, September 14, 2004 at 2:00 p.m. in the County Commission Chambers. 9. The Board of County Commissioners will hold the Final Public Hearing FY 2005 Budget P.u~~ on September 16, 2004 at 5:05 p.m. in the County Commission Chambers. 10. The Board of County Commissioners will hold a workshop to discuss growth issues with Indian River County on September 20, 2004 at 9:00 a.m. at the Richardson Center, located at the Indian River Community College Mueller Campus, 6155 College Lane, Vero Beach. 1 1. The St. Lucie County Cultural Affairs Council in conjunction with St. Lucie County Parks and Recreation, the St. Lucie County Library System, Indian River Community College, the City of Fort Pierce and the St. Lucie County School Board presents Zora Fest! A two-day festival of entertainment, children's activities, food vendors, literary readings and more on Friday, October 1, 2004 from 7:OO~i.m. to 9:00 p.m. and Saturday, October 2, 2004 starting at 10:00 a.m. at Lincoln Park Academy, in Fort Pierce. 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) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. i t -` ~.''~ • . ,, _,,, ~- ~ ~ o. u N-c y ~, ., . ~~ ~~~ ~o - ,R. ~ ,D A -_,~ - AUGUST ~ ~, 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 requesu. REGULAR AGENDA -Proclamations, Presentations, Public Hearings, and Department requesu are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS -These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed rp for 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: (t) 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 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional 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 August 17, 2004 6:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES District No. 3 District No. 1 District No. 2 District No. 4 District No. 5 Approve the minutes of the meeting held on August 10, 2004. - J - _ 2. PROCLAMATIONS/PRESENTATIONS A. Reading of the announcements by the County Administrator GENERAL PUBLIC COMMENT ~. CONSENT AGENDA PUBLIC HEARINGS 5 PUBLIC WORKS Engineering Division -Green Acres M.S.B.U. Initial Public Hearing Potable Water Improvements - FPUA - Consider staff recommendation to adopt Resolution No. 04-208 creating the Green Acres M.S.B.U.; approve the preparation of an Interlocal Agreement with the City of Fort Pierce and the Fort Pierce Utilities Authority; and authoriz~~t Count ngin~er to ro/~~ th~ n ineeri and f the Project. CC ,, ~C~.~ COUNTY ATTORNEY Ordinance No. 04-027 -Amending Section 1-20-17 of Division t of Article II of Chapter Code of Ordinances of St. Lucie County, Florida, by Prohibiting Parking on Juanita Avenue from its Intersection with North 25th Street (SR 615) West a Distance of approximately Consider staff recommendation to adopt Ordinance No. 04-027 as drafted. C. COUNTY ATTORNEY 1-20 of the (Both sides) 440 Feet. - Ordinance No. 04-028 -Amending Section 1-20-17 of Division 1 of Article II of Chapter 1-20 of Code of Ordinances of St. Lucie County, Florida, by Prohibiting Parking on Old Dixie Highway (Both sides) from its Intersection with Naco Road South a Distance of approximately 1,056 Feet; and by Prohibiting Parking on Naco Road (South side) from its Intersection with Old Dixie Highway West a Distance of approximately 1,056 Feet. -Consider staff recommendation to adopt the attached Ordinance No. 04-028 as drafted. Regular Agenda August 1 ;'2004 Page T o Resolution 04-099 granting approval to the Conditional Use Permit petition of Joseph Lopez, for a Conditional Use to allow for the operation of a Landscape and Lawn Maintenance facility to be known as Lopez Landscaping and Maintenance in the AR-1 (Agricultural, Residential - 1 du/ acre) Zoning District. - Consider staff recommendation to approve Draft Resolution 04-099. 5 GROWTH MANAGEMENT 2 3L~~' ~ s'E Resolution 04-095, approving the request of Ocean Fours Development Corporation, for a change in zoning from the AR-1 (Agricultural Residential - 1 du/acre) zoning district to the PUD (Planned Unit Development) zoning district and Preliminary and Final Planned Unit Development (PUD) approval for an 27-lot single-family residential project to be known as Lone Pine, for property located on the west side of Citrus Avenue, approximately 1,1 16 feet south of Mallard Court (North Fork Estates entrance) - Consider staff recommendation to approve Draft Resolution 04-095 approving the petitioners request for change in zoning from the AR-1 (Agricultural, Residential - 1 du/acre) zoning district to the PUD (Planned Unit Development) zoning district and Preliminary and Final PUD approval fora 27-lot single- family residential project to be known as Lone Pine, subject to the limiting conditions contained therein. OWTH MANAGEMENT Consider Draft Resolution 04-100 granting a Change in Zoning from the I (Institutional) Zoning District to the CG (Commercial, General) Zoning District for property located on. the north side of Weatherbee Road, approximately 500 feet west of South U.S. Highway No. 1. -Consider staff recommendation to approve Draft Resolution 04-100. G. GROWTH MANAGEMENT Resolution 04-096, approving the request of James T. Long, Skyline Building and Development, for a change in zoning from the RS-4 (Residential, Single-family - 4 du/acre) zoning district to the PUD (Planned Unit Development) zoning district and Preliminary and Final Planned Unit Development (PUD) approval for an 73-lot single-family residential project to be known as Oakland Estates, for property located on the Northwest corner of the intersection of Palamar Drive and Kings Highway. -Consider staff recommendation to approve Draft Resolution 04-0.96 approving the petitioners request for change in zoning from the RS-4 (Residential, Single-family - 4 du/acre) zoning district to the PUD (Planned Unit Development) zoning district and Preliminary PUD approval fora 73-lot single-family residential project to be known as Oakland Estates, PUD, subject to the limiting conditions contained therein. ~ _.f- ,J`,~-.c H. GROWTH MANAGEMENT ~ p~ ~% Resolution 04-094 approving the request of Lennar Homes, Inc. for a change in zoning from the PUD (Planned Unit Development -Silver Oaks) zoning district to the RM-5 (Residential, Multiple-Family, 5 u/acre) zoning district for property located at the southeast corner of the intersection of Silver s Drive ~1~ ~~ Tilt nRoad. - lC~o~~er st~ r`e~corr~r~end/~'or~approve Draft R,,e/solution 04-094. GROWTH MANAGEMENT ~ ~ ~ c~~-Ts to .~ ~ d' Sri f~~---~ ~---~- /. G t>~ ,;3~~~~ Consider Draft Resolution 04-093 granting a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District for property located on the west side of Keen Road, approximately 700 feet north of Angle Road. -Consider staff recommendation to approve Draft Resolution 04-093. / , ~ Q~ ~/~~~'" END OF PUBLIC HEARINGS ~ ~ ~~] 7 .---. ~'" CONSENT AGENDA AUGUST 17, 2004 1. WARRANTS LISTS Approve warrants list No. 48 2. GROWTH MANAGEMENT Request acceptance and approval of RFP #04-073 for Advertising Services for Tourism Development Division in fiscal year 2004-2005 -Staff and TDC recommend that the Board allocate $21,600 from the Tourism Development Professional Services budget and enter into a contract with Simple Success Marketing to perform these services -RFP#04-073. 3. GRANTS A. Community Services -Submission of the FY04/05 application to the State of Florida Department of Community Affairs for the Community Services Block Grant Allocation and Resolution No. 04- 244 -Consider staff recommendation to approve the submission of the grant application and Resolution No. 04-244, authorize to accept the grant and authorize the Chairman to sign all documents necessary to execute the application and accept the grant. B. Community Services -Amendment No. One to the Urban Transit Grant Joint Participation Agreement -Contract No. AN992 -Consider staff recommendation to authorize the Chair to sign Amendment No. One to the Urban Transit Grant Joint Participation Agreement -Contract No. AN992 Community Services -Emergency Shelter grant to the Department of Children and Families Office on Homelessness for funds to assist with renovations of a transitional shelter for homeless women `r and children -Consider staff recommendation to authorize the Chair to sign the required V application forms and staff to submit an Emergency Shelter grant to the Department of Children and Families Office on Homelessness for funds to assist with renovations of a transitional shelter for homeless women and children. 4. COUNTY ATTORNEY A. Silver Lake - B]S Properties -Parcel I.D. No. 2427-701-0000-010/2 -Consider staff recommendation to deny this counteroffer due to the fact that the counteroffer significantly exceeds the value determined in Mr. Fuller's appraisal. B. Petition for Abandonment -Drainage and Utility Easements located on south side of Lot 9 Block 173A Request Permission to Advertise - Notice of Public Hearing - Consider staff recommendation to authorize a Public Hearing to be held on September 7, 2004, at 6:00 p.m. or as soon thereafter as possible. C. Historic Resources Survey -Fifth Amendment to May 7, 2002 Agreement with )anus Research, Inc. -Consider staff recommendation to approve the proposed fifth amendment to the May 7, 2002 agreement with Janus Research, Inc., and authorize the Chairman to execute the amendment. D. South 25th Street Roadway Widening -Midway Road to Edwards Road -Temporary Easement - Barbara A. Wax -Consider staff recommendation to approve the Purchase Agreement with Barbara A. Wax in the amount of FOURTEEN THOUSAND TWO HUNDRED and no/100 DOLLARS ($14,200.00) 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. Consent Agenda August 17, 2004 Page Two E. South 25th Street Roadway Widening -Midway Road to Edwards Road -Temporary Easement - John K. and Mary Ann ]ames -Consider staff recommendation to approve the Purchase Agreement with Mr. and Mrs. James in the amount of TWELVE THOUSAND FIVE HUNDRED and no/100 DOLLARS ($12,500.00) 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. F. North County Charette Master Plan -Interlocal Agreement with Treasure Coast Regional Planning Council -Consider staff recommendation to approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. 5. COUNTY EXTENSION Request to establish a Growth Management Agent position funded 50% by each the University of Florida and St. Lucie County using funds available -Consider staff recommendation to approve the request to establish a Growth Management Agent position. 6. ADMINISTRATION A. Board of County Commissioners Meeting schedule changes for November 2004 -Consider staff recommendation to approve the changes to the Board of County Commissioners meeting schedule for November 2004. B. Commission/County Administrator Travel -Consider staff recommendation to grant authorization for in or out-of-state travel for the County Administrator and any member of the Board during the FY04-05 fiscal year. C. Housing Finance Appointment - Consider staff recommendation that the Board ratify Commissioner Cowards appointment of Ms. Jill Olen to the Housing Finance Authority. D. Housing Finance Appointment - Consider staff recommendation that the Board ratify Commissioner Barnes appointment of Trisha Pollard to the Housing Finance Authority. 7. PUBLIC WORKS Engineering Division -Amendment No. 8 to the Consultant Agreement with Inwood Consulting Engineers for additional optional services funding to assist the ongoing property acquisition for the S. 25th Street Roadway Widening Project (Midway Road to Edwards Road). This will have no effect on the bidding of this project -Consider staff recommendation to approve Amendment No. 8 to the Consultant agreement with Inwood Consulting Engineers in the amount of $50,000, and authorize the Chairman to sign. CENTRAL SERVICES New Clerk of Court Building - "Air Conditioning" -Consider staff recommendation to grant approval to use the services of Edlund Dritenbas Binkley Architects/Continuing Contract #CO 1-01-266, through a Work Authorization as prepared by the County Attorney, in the amount of $1 10,000.00 for Phase 1 of the Chiller Plant Facility a authorize the Chair to sign the Work Authorization. Staff further recommends the Board o County C missio rs approve not to exceed $140,000.00 to lay chill water pipe along 2nd Street ~nd piggy_ sai ork (Contractor yet to be determined). 1 \,~,r~ ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ANNOUNCEMENTS AUGUST 17, 2004 1. The Board of County Commissioners will hold a Ground breaking ceremony for the Jail Pods on Monday, August 23rd at 10:30 a.m. at the Rock Road Jail. 2. The Board of County Commissioners will hold a workshop to discuss ESL/Greenways/Open Space Potential Purchases on Wednesday, August 25, 2004 at 1:OOp.m. in Conference Room #3. 3. The Board of County Commissioners will hold a Ribbon Cutting Ceremony for the Adams Ranch Equestrian Arena on Friday, August 27th at 10:30 a.m. at the St. Lucie County Fairgrounds. 4. The Board of County Commissioners will hold a Ground breaking ceremony for the Lakewood Park Regional Park on Saturday, August 28th at 9:00 a.m. on the Northwest Corner of the park on Emerson Road. Lincoln Park Summit Public Input and Follow-up, will be held Thursday, September 9, 2004 at 6:00 p.m. at Lincoln Park Academy, 1806 Avenue I 6. The Board of County Commissioners will hold the Preliminary FY 2005 Budget Public Hearing on September 9, 2004 at 5:05 p.m. in the County Commission Chambers. 7. The Board of County Commissioners will hold a Public Hearing on the second reading of proposed Ordinance 04-021 (amending IL-Industrial Light and U -Utilities) to add off road vehicle parks on Monday, September 13, 2004 at 6:00 p.m. in the County Commission Chambers. 8. The Board of County Commissioners will hold a Public Hearing on the Treasure Coast Land Ciearing/Treasure Coast Tractor conditional use permits on Tuesday, September 14, 2004 at 2:00 p.m. in the County Commission Chambers. 9. The Board of County Commissioners will hold the Final Public Hearing FY 2005 Budget Public Hearing on September 16, 2004 at 5:05 p.m. in the County Commission Chambers. 10. The Board of County Commissioners will hold a workshop to discuss growth issues with Indian River County on September 20, 2004 at 9:00 a.m. at the Richardson Center, located at the Indian River Community College Mueller Campus, 6155 College Lane, Vero Beach. 1 1. The St. Lucie County Cultural Affairs Council in conjunction with St. Lucie County Parks and Recreation, the St. Lucie County Library System, Indian River Community College, the City of Fort Pierce and the St. Lucie County School Board presents Zora Fest! A two-day festival of entertainment, children's activities, food vendors, literary readings and more on Friday, October 1, 2004 from 7:OO~m. to 9:00 p.m. and Saturday, October 2, 2004 starting at 10:00 a.m. at Lincoln Park Academy, in Fo Pierce. \OTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at =ese meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is ..= ade. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings ~~ 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) L52-1428 at least forty-eight (48) hours prior to the meeting. ttyr/ L.AW OPFI(F.S qF GQNANG & HA-.RRELL ATTOItN6Y5 ANb COUNSELORS AT LAW 1ZIVERSIb6 NATIONAL BANK $UILOING DANIEL H. HARRELL DouGU-s 1~ GotvANO email: dharc,t;ll -law.com lkfANl1CFRTIFIEOREAL FsPATF. LAWY£R 1600 $pUTN FBDERAt• HicHwAr, SURE 200 ~~ email: dgonacto(a~8h•law.com FORr PteRCe, FtnwDA 3950-5194 TeLePHUNE(772)46d-1032 FA(:SIMtI.t (772)1f-4-0282 Telecopier rr-essage ton To: Mr. Randy Stttvenson 4bZ-1581 Mr. Erik Zeiss. p.E. 464-9497 listing of .r3~ pa9~~ including this cover page Mr. Len Goldberg Mr. Jeffrey Lavur,Fwr 303-770.8360 303-850-9762 Mr. paniel 5. McIntyre, Esq. 46Z-1440 Front: parriel B. Harrell Re: Application of Rio L°ga Fbrida Acquisitions, I.LC, for ° change in zoning from I1R-1 to RS-4 for property on the west side of Kteh Road north of Angle Road File No.: 1623-QOB pate: August 17, 2004 From Fax No. (772) 464-0782. Arty question or problem cancw-I++ng this trartsntission, call Caryn (772) 464-1032 Ext. 1000. CONFZOENTx~~ NOI~ THIS t1AES5At3E IS INTENDED ONLY FOR THE V N~ AENDI ~~Dt At~OM DISCL03URE VNDER AKI.TCA91.E LAW. F THE READER OF INFORMATIaN THAT IS -RIVIlE6E0, CONFIDE _ THIS NIES~ THIS ~~ O~ I5 S~TRiGTLY -ItpHi82TF0. LFRYOV AH BVE REGEI~b THIS 1EI.E DCaPY BOR. ~•F E: T~OIATELY uertF~1! US BY TELEI'HOPIE CCIIECT AND RETURN THE ORIIKAIAI' MESSY ~ VS AT TH ADDRESS LISSEO AiOVE VIA V.S. IIAAIL. MESSAGE t;iOL 1623008 Stevenson d al FAX.wpd Augua 17, 2004 (10:51 am) c ~r ~1tta 7.R~.n bob 71J. i : XH~ 112d.~t'H 'R out?uoh: 01 b5: QL b(1. I.T iR() EI£" oN 3"11 ~ Law Offices of t~ONANO & HA.~tRE~.L ATTORNEYS AND COUNSEtARS At LAw DOUGLAS E. GONANO RIVERSIDE NAtIONAL $ANK $UILDMO DANIEL B. HARRP.Li. $oard Certified Real Estate Lawyer 1600 South Federal Highway, Suite 200 emaiL• dharrell~gh-law.COtn email: dgonano@gh-law.com Fort Piac4 Florida 34950.5194 Telephone (772) 464-1032 Facsimile (772)4640282 August 17, 2004 FACSIMILE TRANSMISSION Mr. Randy Stevenson Interim birtxtvr of Growth Managanent St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Application of Rio Lego Florida Acquisitions, LLC, for a change in zoning from AR• 1 to RS-4 for property vn the west side of Keen Road north of Angle Rvad County File No. RZ-04-018 Tax 1D Nos. 1336-441-0002-000/4,1336-4a1-0003-oooii, 1336-441-OOOl-o00i7, and 1336-443-0003-000/7 Our File No. 1623-008 Dear Mr. Stevenson: in the course of prosecuting the above re-zoning application, the applicant Rio Lago Florida Acquisitions, LLC, made representations to the Board of County Commissioners concerning its intention tv preserve tl>te live oak habitat located on the propcriy. The applicant has endeavored since the hearing on August 3, 2004, to find a mechanism that would confirm and provide assurance of those representations at this very preliminary development stage. As has been made clear from its submissions, following re-zoning, the applicant intends to submit a sitcplanfor asingle-family subdivision that will incorporate a preserve area for the live oak habitat. The site plan would provide that, contemporaneously with platting the property, a conservation casement or preserve area would be dedicated over a portion of the property. Because a site plan and subdivision drawings have not been prepared, reviewed, and approved, however, a specific legal description for the proposed preserve area cannot be generated at this time. The applicant has ordered a tree survey of the property, but that survey is not e~pecte~d to be received until later today. From the tree survey, the applicant well be able to generate parameters for an appropriate preserve arcs, including a minimum size and a minimum percentage of the live oak flees that will be protected either by preservation in or relocation to such area. Upon evaluating the tree survey, the applicant's intention is to submit to the Board a letter, joined by all of the property owners: OOL 1623008 RS Rmooing I,TR.arpd August 17, 2004 (10:26an-} r i7 ~ri~l 7.R7n bob 71J. i:XH~ I le.~.~eH '8 oUpuog;Ql b9~0T b0. LT~80 £t£'°N 3'll.~ ~' Mr. Randy Stevenson August 17, 2004 Page 2 Committing to accept, as a condition of the required subdivision site plan approval, the incorporation of a live oak preserve area. Agreeing that the preserve area will be of a stated minimum size, and will include (by preservation or rclocativn) a stated minimum percentage of the protected live oak trees identified on the tree survey. Prather agrceing that if the preserve area is not created by a specific date, the County may initiate a second re-zoning returning the property to the AR-1 District, and waiving any objection to such second rezoning. Because the presewe parameters cannot be quantified and presented to staff for review until the tree survey is received and reviewed, I respectfully request that this matter be continued to the next regular evening meeting of the Board. Well in advance of that meeting, I fully expect to be able to present a letter of commitment and aglreement addressing the concerns expressed by members of the Board at the hearing on August 3. ~tlanlc you ur cooperation, and please advise if you have any question. I will be present at tonight's sting f there is n this request for continuance. Daniel B. Harrell Attorney for the Applicant DBH/c cc: Ivlr. L,en Goldberg Mr. Jeffrey I,avenhar Mr. P.rik Zeiss, P.l. Mr. Daniel S. Mclntyro, Esquire GOL 1623008 RS Re~1nE L1'Rwpd August 17.2004 (10:26aen) r ~r ~a 7.Q7.n bob 7.1.1. L:uHa i Ia.~.~eN ~ oupuo~;Ri b~:OI b0. LU80 £T£'~IV 3'1!~ r ~ ~d ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ANNOUNCEMENTS AUGUST 17, 2004 1. The Board of County Commissioners will hold a Ground breaking ceremony for the Jail Pods on Monday, August 23rd at 10:30 a.m. at the Rock Road Jail. 2. The Board of County Commissioners will hold a workshop to discuss ESL/Greenways/Open Space Potential Purchases on Wednesday, August 25, 2004 at 1:OOp.m. in Conference Room #3. 3. The Board of County Commissioners will hold a Ribbon Cutting Ceremony for the Adams Ranch Equestrian Arena on Friday, August 27th at 10:30 a.m. at the St. Lucie County Fairgrounds. 4. The Board of County Commissioners will hold a Ground breaking ceremony for the Lakewood Park Regional Park on Saturday, August 28th at 9:00 a.m. on the Northwest Corner of the park on Emerson Road. 5. Lincoln Park Summit Public Input and Follow-up, will be held Thursday, September 9, 2004 at 6:00 p.m. at Lincoln Park Academy, 1806 Avenue I 6. The Board of County Commissioners will hold the Preliminary FY 2005 Budget Public Hearing on September 9, 2004 at 5:05 p.m. in the County Commission Chambers. 7. The Board of County Commissioners will hold a Public Hearing on the second reading of proposed Ordinance 04-021 (amending IL-Industrial Light and U -Utilities) to add off road vehicle parks on Monday, September 13, 2004 at 6:00 p.m. in the County Commission Chambers. 8. The Board of County Commissioners will hold a Public Hearing on the Treasure Coast Land Clearing/Treasure Coast Tractor conditional use permits on Tuesday, September 14, 2004 at 2:00 p.m. in the County Commission Chambers. 9. The Board of County Commissioners will hold the Final Public Hearing FY 2005 Budget Public Hearing on September 16, 2004 at 5:05 p.m. in the County Commission Chambers. 10. The Board of County Commissioners will hold a workshop to discuss growth issues with Indian River County on September 20, 2004 at 9:00 a.m. at the Richardson Center, located at the Indian River Community College Mueller Campus, 6155 College Lane, Vero Beach. 1 1. The St. Lucie County Cultural Affairs Council in conjunction with St. Lucie County Parks and Recreation, the St. Lucie County Library System, Indian River Community College, the City of Fort Pierce and the St. Lucie County School Board presents Zora Fest! A two-day festival of entertainment, children's activities, food vendors, literary readings and more on Friday, October 1, 2004 from 7:00 p.m. to 9:00 p.m. and Saturday, October 2, 2004 starting at 10:00 a.m. at Lincoln Park Academy, in Fort Pierce. 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) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ADDITIONAL ANNOUNCEME The League of Women ters will hold a Candidate Forum tomorrow August 18, 2004 at the St. Luci ounty School Board offices located at 4204 Okeechobee Road in Fort Pierce his program will air on SLC TV and the air time schedule will be announced at the August 24, 2004 Board of County Commissioners meeting. ~ ~~~ '~r/' BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: August l0, 2004 Convened: 9:00 a.m. Tape: 1-2 Adjourned: 1 1:15 a.m. Commissioners Present: Chairperson, Paula A. Lewis, John D. Bruhn, Cliff Barnes, Doug Coward. Frannie Hutchinson Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Paul Phillips, Airport Director, Pete Keogh, Parks and Rec. Director, Leo Cordeiro, Solid Waste, Marie Gouin, M & B Director, Jack Southard, Public Safety Director, Beth Ryder, Community Services Director, Don West, Public Works Director, Richard Bouchard, Engineer; Millie Delgado-Feliciano, Deputy Clerk MINUTES (1-027) Il was moved by C'oni. Bruhn, sccondcd by Com. 1-lutchinson, to approve the minutes of the meeting held July 22, 2004 and August 3,2004; and, upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 04-204- Proclaiming August 8, 2004 thru September 11, 2004 as St. Lucie County Fire Fighter Appreciation Month, in St. Lucie County, Florida. It was moved by Com. Coward, seconded by Com. Bruhn, to approve Resolution No. 04- 204; ancl, upon roll call, motion carried unanimously. Q. Resolution No. 04-205- .Proclaiming August 14, 2004 as "Marina Day" in St. Lucie County, Florida. It was moved by Com. Bruhn, seconded by Coin. Hutchinson, to approve Resolution NO. 04-205; and, IIIX)n r011 CAII, motion carried unanimously. C. Representative Gayle Harrell presented a check for $200,000 FRDAP grant for Lawnwood. D. A presentation was made by Charles Fisher and Bill Deppmeyer of the Sundancer RC Airplane Club. E. Richard Bouchard gave an Artificial Reef Update. Mr. [3ill 13obb, Conservation Director PSL Angler's Club thanked the Board for their cooperation and advised the Board this was a Win Win situation and there are those who will volunteer their time to assist in moving the program forward. Phillip DeFoya, PSL Angler's Club member, addressed the Board in favor of re-starting Ihv arlilicial ruel~pr~~},rani. I Ie ~iflcrecl his assistance. Mr. C:harlcs Grande, I lulchinson Island, ad(II'eSSCd the Board In Support OI~thC artificial reef program and asked the Board to support Mr. Bouchard's program. Mr. Terry Dillan, Florida Oceanographic Society, Martin County, addressed the Board and volunteered his full support with the artificial reef program. Mr. Beau Braun, Ft. Pierce sport risking club, addressed the Board and advised them of CUIVCrtS WI11CI1 hAVC bCCn I'CmOVCd and need. somewhere to be placed. These culverts nUlkC good artlGclal reels. Mr. Roger Sharpe, Indian River Drive resident, addressed the Board in favor of the program moving forward and addressed its economic value. Com. Coward suggested staff meet with this group and come back to the Board. Com. Lewis suggested they get together and discuss what would be the best way to move forward. Com. Hutchinson asked if it would be more helpful to provide a part time position under Mr. Bouchard to assist in the program. Mr. Bouchard stated this would be it difficult question to answer at this time. Com. I lulchinson asl:cd he consider this option and discuss it lilrlher. Com. Coward suggested moving the environmental staff into it's own department. No action taken. F. The County Administrator gave an update on upcoming events. 3. GENERAL PUBLIC COMMENTS Mr. Cram; Munt, Flutchinsun Island resident, addressed the Board regarding dangers and liahilili~•ti Ihu r~~unly slu~ul~l ~•unsidcr When huildint; an n'I'V Pork. Cunt. Cuwurd rcclucslud inl<~rmaliun as to whether ur not an n'1'C Part: would have u dcU•imcntal al7ect un the C;uIfC'oursc. Ms..lean Hearn, lndrio Road resident, addressed the Board regarding Ordinance No. 04- 021 and suggested this be voted down next week. Mr. Gordon Case, Holiday Pines resident, addressed the Board and asked they have all the proper information on ATV Parks before making a decision. Mr. Bill Hammer, Reserve resident, addressed the Board and asked them to take the "emotion" out of their decision making regarding the ATV Park and stated the process is bucl:wards and they need to I.now all the facts. Ms. Pamela Hammer, member of the P & Z Board addressed the Board regarding the scheduled P & Z meetings and the .lowish Holiday. 4. CONSENT AGENDA (2-345) It was moved by Com. Hutchinson, seconded by Com. Coward, to approve the Consent nl~,clid,i will) ilcni ('-II1~ pilllcd; and, upcm rt~ll call, nu~liun clu'rictl llllalllllltllltily. 1. WARRANT' LISTS The Board approved Warrant List No. 47. 2. PUBLIC SAFETY A. Storm Water Pollution Plan Scope of Work- The Board approved Work Atilthorization No. 3 with PBS&J for $49,470.00 for Storm Water Pollution Prevention Plan update for the St. Lucie County Airport. 2 08/06/04 F~ABWARR FUND TITLE 001 001149 001155 001157 001158 001160 001284 001286 001288 001809 001811 101 101002 101003 102 102001 102107 105 107 107001 107002 ' '003 112 113 114 116 119 120 122 123 126 127 128 129 136 139 140 140001 160 183 183001 183002 183003 183004 185003 ~°5004 204 ~~./ ST. LUCIE COUNTY - BOARD WARRANT LIST #47- 31-JUL-2004 TO 06-AUG-2004 FUND SUMMARY EXPENSES General Fund Section 112/MPO/FHWA/Planning 2004 USDOJ Violence Against Women Grant CSBG Grant FY04 Urban Mobile Irrigation Lab 03/04 Section 112/MPO/Planning FY 04/05 TRIP Grant FY04 FDCA/EMPA 2004 TDC Planning Grant FY 03/04 SFWMD-Floridian Aquifer Well 01/04 Tennis in the Parks Sectional Grant Transportation Trust Fund Transportation Trust/80~ Constitut Transportation Trust/Local Option. Unincorporated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Ped. Coordinator 03/0.4 Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper River Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Holiday Pines Fund The Grove Fund Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting. Pine Hollow Street Lighting MSTU. Kings Hwy Industrial Park Lighting Parks MSTU Fund Monte Carlo Lighting MSTU#4 Fund. Palm Grove Fund 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.-County~Teen Court Ct Admin.- Teen Court FHFA SHIP FY02/03 FHFA SHIP FY03/04 FHFA SHIP 99/00 202,283.57 528.15 14,138.88 423.14 504.84 955.33 26,605.04 894.64 143.39 1,109.69 585.00 40,072.55 42,896.70 50,368.49 15,063.40 7,946.33 296.84 578.37 147,753.95 333.01 3,212.11 54.55 2,544.39 528.10 210.47 461.77 513.65 761.99 158.51 896.76 263.98 113.44 337.57 444.03 2,075.00 1,340.62 682.76 6,173.05 113.88 1,043.68 1,040.77 120.33 225.00 325.00 628.69 186.51- 281.28 94.77- PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 08/06/04 F ° ZIBWARR FUND TITLE 310002 310003 315 316 316001 382 401 418 421 441 448 449 451 458 461 471 478 479 481 489 491 ~_~001 606 611 625 630 665 ST. LUCIE COUNTY - BOARD WARRANT LIST #47- ~1-JUL-2004 TO 06-AUG-2004 FUND SUMMARY EXPENSES Impact Fees-Parks Impact Fees-Public Buildings County Building Fund County Capital Transportation Capital Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund NHI Util - Capital Facilities Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement .Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist.-Renewal & Replace.. No Cty Util Dist-Capital Facilities Airport Utilities District Airport Util - Capital Fac Fund: Building, Code Fund Health Insurance Fund Property/Casualty Insurance Fund Shared Pool Cash-Property Appraiser Tourist Development Trust-Adv Fund Law Library Tax Deed Overbid Agency Fund SLC Art in Public Places Trust Fund 5,345.75 49,957.75 583.00 217,629.31 58,458.73 3,500.00 19,302.35 27,425.55 32.33 79,497.61 92.86 71.45 10,789.98 76.54 17,010.10 13,127.73 78.49 199.68 34.52 7,636.50 10,044.74 1,043.96 2,853.06 250,000.00 854.52 3,004.69 8,628.97 370.00 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 o.oo 0.00 8,501.14 0.00 0.00 0.00 0.00 0.00 0.00 2 GRAND TOTAL: 1,365,401.58 8,501.14 B. Budget Resolution (04-177) Airport West Commerce Park )/conomie Development Administration EDA Contract- The Board approved the Budget Resolution for the U.S. Department of Commerce, Economic Development Administration contract of $1.5 million with matching funds of $500,000 for the construction of the Airport West Commerce Park at the St. Lucie County International Airport. C. Budget Resolution No. 04-178- for the Rehabilitation of Taxiway E- The Board approved budget Resolution No. 04-178. The FDOT grant provides $508,000 of the $635,000 required for this project. D. FDOT JPA for $3,948 for Perimeter Fencing- The Board approved the FDOP JPA and authorized the Chair to execute the JPA and Resohition 04-207 authorizing the Chair to sign the agreement. FDOT grant provides $3,948., of the $157,896.00 project total. 4. C'OUN'TY AT'l'ORNI:Y A. Drug Abuse Treatment Assn., Inc.. - Ninth Amendment to June 12, 1990 Facilities Use Agreement- The Board approved the Ninth Amendment to the .lone 12, 1990 agreement and authorized the Chairman to sign the amendment. B. Revocable License Agreement- Holiday Pines Property Owners Assn.- The Board approved the Revocable License Agreement with Holiday Pines for the landscaping around immediate area of sign, authorized the Chairnan to execute the agreement and record it in the Public Records of St. Lucie County, Florida. C. South 25`x' St. Roadway Widening-Midway Road to Edwards Road- Temporary Construction Easements-Ferrick- The Board accepted the Temporary Construction Casement authorized the Chairman to sign Resolution No. 04-241 and 04-242 and directed staff to record the documents in the Public Records of St. Lucie County. D. Gordy Road Bridge @ Ten Mile Creek- Sovereignty Submerged Lands Easement- The Board approved the Sovereignty Submerged I?atiument, liO'I' I,catic No. 5(~0O2F97t5 authuriicd the Ch~tirmun to execute the Sovereignly Subii~erged Easement directed staff to Corward the easement to the DEP for signature and record the easement in the Public Records of St. Lucie County, Florida. 5. PARKS AND RECREATION A. Reallocation of funds to purchase/install a sound system at the Equestrian Arena and Permission to Advertise the Bid- CIP04-089- The Board approved the re-allocation of $50,000 for the purchase and installation of a sound system, granted permission to advertise the bid; award the bid to the lowest bidder; and authorized the Chairman to sign the contract as drafted by the County Attorney. 13. IZclcasc ol~ Itclainagc of Wcllcr Poll Constructions Inc., and Final Payment- The [3oard approved the final payment and released the rctainagc to Wcllcr Pool Contractors in the amount of$23,123.14. C. Division of Forestry request to relocate at the Fairgrounds- The Board approved the Division of Forestry's request to move its operation including the construction of a new facility at its expense, to the Fairgrounds approved the agreement as drafted by the County Attorney and authorized the Chairman to sign the agreement. D. Open Space Pool Closing for safety/health reasons- The Board approved closing the "Open Space Pool 3 weeks early for health and safety reasons. E. Adams Ranch- The Board approved purchasing and installing the sign For the Adams Ranch Equestrian Arena at a cost of $4,090. 6. PUBLIC WORKS A. Approval orQuccns Island Managemcnl Plan- The Board approved the Queens Island Management Plan and forward it to the State of l~lorida's Acquisition and Restoration Council for final approval. B. Solid Waste Division- The Board approved purchasing a 330CL Backhoe off State Contract # 760-001-O1-1 from Ringhaver for a total price of $195,533.64 and approved Equipment Request # 04-270 and Budget Amendment No. 04-162. C. Engineering Division- Request for Public Hearing on Florida Rock Mine- The Board approved scheduling a public hearing for September 7, 2004 at 6:00 p.m. or soon there after to consider the request of Florida Rock Mine- North Plant mining permit application. INVESTMENT FOR THE FUTURE Rooftop air conditioning replacement- The Board approved the second low bidder, Master Mechanical, Inc.,-Bid # 04-095 in the amount of $71,230.00 approved the use of ('apitul I'ro,jcct Itcscrvc funds in the umcxmt of $26,570. and authorirc;d the C'hau-nuul to sign the contract as prepared by the County Attorney. 8. MANAGEMEN AND BUDGET Permission to Advertise Public Hearing- The Board authorized the office of Management and Budget to schedule a public. hearing to amend the budget. 9. PARKS REFERENDUM Bid # 04-075- Lawnwood Stadium East & West Bleachers Concrete Restoration- The Board approved awarding Bid # 04-075 to the low bidder Sunrise Systems of Brevard, Inc., for $676,396.19 and authorized the Chairman to sign the contract as prepared by the County Attorney. 10. PURCHASING A. Biel If 04-OSS Sale of Surplus Real Property on Cortez Blvd., fit. I'icrcc, I~la. -- This item was pulled. B. 13X1 Il U4-O92- Sale oCSurplus Fquipmcnl- '1'hc Board approved awarding; the Salc ol'the Surplus Equipment, Savin 9550 Copier, Canon NP6080 Copier and Califone tiu•ntable with speakers to the highest bidder Close Leasing Systems, Inc., for a total amount $196.00. C. Award ol~ RFP # 04-048 Newspaper Legal Advertising & Publication Services- The Board awarded the RFP to Scripps Treasure Coast Publishing Company and authorized the Chairman to sign the contract as prepared by the County Attorney. 4 ~r-'''" D. Award of RFP # 04068 Processing Wallboard/Gypsum for Recycling- The Board approved negotiating with Agri Marketing Inc., and authorized the Chairman to sign the contract as prepared by the County Attorney. E. Award ~~I•RFf 11 04-069- F'roccssing Concrete, Stone, Bricla, Blocla, clc. for Recycling- The Board approved negotiating with the top ranl:cd lirm Crushco LLC and authorized the Chairman to sign the contract as prepared by the County Attorney. F. Fixed Asset Inventory Property Record Removal and sale of surplus property- The Board approved removing the records from the fixed asset inventory and granted permission to advertise an Invitation for Bid for the sale of Surplus Equipment. G. Bid No. 04-078- Pepper Park Grinder Pump Station Conversion- The Board approved awarding Bid # 04-078 to the low bidder, R.K. contractors, Inc., for $125,880.00 and authorized the Chairman to sign the contract as prepared by the County Attorney. REGULAR AGENDA S.A MANGEMENT AND BUDGET (2-556) Acceptance of the Local Law Enforcement Block Grant award on behalf of the Sheriff s Office and Budget Resolution No. 04-206 to increase the Fine and Forfeiture Fund- Consider staff recommendation to authorize the County Administrator to accept electronically the Local Law Enforcement Block Grant, and approve Resolution NO.04- 206 to increase the Fine and Forfeiture Fund. It was moved by Com. Coward, seconded by Com. Bruhn, to approve Resolution No. 04- 206; and, upon roll call, motion carried unanimously. END OF PUBLIC HEARINGS (2-628) 6. PUBLIC WORTS Engineering Division- King orange 2 MSBU Final Hearing-Public Water Improvements- FI'UA Consider dill I~ rCCOmmendAtl011 to adopt Resolution No. U4- 197 approving the Final Assessment Roll for the Icing Orange 2 Municipal Services Benefit Unit. It WAS n10VGCl by C'om. Barnes, SCCOnded by COnl. BCUhII, to approve Resolution No. 04- 197; and, upon roll call, motion carried unanimously. 7. PUBLIC WORDS (2-688) Engineering Division- Revels Lane 1 MSBU Final Hearing-Public Water Improvements FPUA- Consider staff recommendation to adopt Resolution No. 04-199 approving the Final Assessment Roll for the Revels Lane 1 Municipal Services Benefit Unit.. It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve Resolution No. 04-199; and, upon roll call, motion carried unanimously. h. 1'11131,1(' WOKKti (2-7(10) I?nginc;cring vivitiion- til:ylarl: 2 MS13U Final I-Icarinb-Public Water Improvcments- FPUA - Consider staff recommendation o adopt Resolution No. 04-198 approving the Final Assessment Roll for the Skylark 2 Municipal Services Benefit Unit. It was moved by ('one. ('~nvarcl, sec:onclcd by C'om. 13arncs, to approve Resolution No. 04-I~)~; and, up~-n roll call, nwtiun carried unanimously. 9. PUBLIC WORT{S( 2-797) Translcr funds from contingency to establish project funding in the amount of $ 118,000 for the S. 26`x' St. MSBU Wastewater Project- Consider staff recommendation to approve transfer of funds for County contingency to establish project funding in the amount of $118,000 for the S. 26`x' St. MSBU Wastewater Project and signature by the Chairman. It was moved by Com. Coward, seconded by Com. Barnes, to approve staff recommendation and directed staff to move forward with the letters to the city; and, upon roll call, motion carried unanimously. 10. COUNTY ATTORNEY South 25`x' St. Improvement Project Resolution No. 04-187 Authorizing the Acquisition of Property Donation, Purchase or Eminent Domain- Consider staff rccommcndation to approve the resolution and authorize the Chairman to sign. I was moved by Com. Barnes, seconded by Com. Bruhn, to approve Resolution No. 04- 187; and, upon roll call, motion carried unanimously. 11. COUNTY ATTORNEY (2-1066): Resolution No. 04-243- Providing for the borrowing of not exceeding ten million dollars to provide financing for the cost of acquiring park land and open space to enhance ' environmentally sensitive land trails an improve and construct parks, in anticipation of the receipt of certain faxes Icvial liar such purposes- Consider staff rccommcndation to adopt Resolution No. U4-243 as draltccl. Il was Hewed by ('om. 13arncs, seconded by Com. I-lutchinson, to approve Resolution No. 04-243; and, upon roll call, motion carried unanimously. 12. PURCI-IASING COMMUNITY SERVICES Sale of Surplus Real Property- This item waspulled. 13. INVESTMENT FOR THE FUTURE Renovation of the Courtroom at Rock Road Correctional Facility- Consider staff recommendation to approve staff's request to renovate the courtroom at the Rock Road Tail Facility at a cost of $20,000.00. It was moved by Com. Barnes, seconded by Com. Bruhn, to approve staff recommendation; and, upon roll call, motion carried unanimously. 14. ADMINISTRATION fli-Wccl:ly Conuniltcc Reports- The Board gave updates on the Committees ,tad advisory 13oards on which they serve. 6 There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court 7 AGENDA REQUEST ITEM NO. 5A DATE: August 17, 2004 REGULAR [ ] PUBLIC HEARING [XX] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DEPT SUBJECT: Green Acres M.S.B.U. Initial Public Hearing Potable Water Improvements - FPUA BACKGROUND: See attached memorandum PRESENTED BY: Michael Powley, P.E. County Engineer FUNDS AVAIL. (State type & No. of transaction or N/A): N/A PREVIOUS ACTION: July 13, 2004 -Board accepted Petition and granted permission to advertise public hearing. RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 04-208 creating the Green Acres M.S.B.U.; approve the preparation of an Interlocal Agreement with the City of Fort Pierce and the Fort Pierce Utilities Authority; and authorize the County Engineer to proceed with the engineering and design of .the Project. COMMISSION ACTION Q(,] APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 [x]County Attorney ,~ " [x]Public Works Dir ~ ~ ` []Finance Coordination/Sis~natures [ ]Mgt. 8~ Budget ,~ [x]MSBUCoor CO '~ouglas M. Anderson County Administrator []Purchasing p Utilities Dir COMMISSION REVIEW : August 17, 2004 ENGINEERING MEMORANDUM No: 04-163 TO: Board of County Commissioners FROM: Michael Powley, County Engineer Map DATE: August 6, 2004 SUBJECT: Green Acres M.S.B.U. Initial Public Hearing Potable Water Improvements (FPUA) BACKGROUND In April 2003, property owners within the Green Acres Subdivision petitioned St. Lucie County to establish a Municipal Service Benefit Unit (M.S.B.U.) to fund the costs necessary in providing public water service to their neighborhood. The petition received represents fifty-two (52%) percent in support of the project. The pro ject lies within FPUA's utility service area, thus FPUA would be the water service provider. In 1993, at the request of the residents, the Health Department/DEP conducted the Ground Water Investigation Report 92-05 -Hammond Road Landfill and Green Acres Subdivision. This study resulted in identifying contaminated wells attributable to septic tank effluent (a copy of the report was recently provided to each commissioner). Since there is an existing health threat to the residents, staff is recommending the Board accept the petition. The Initial Informal Meeting was held with the property owners on June 24, 2004 to discuss the conceptual design, MSBU process, annexation issues and to provide a rough project cost. At the meeting, residents expressed their growing concern over contaminated wells in their neighborhood and eagerly await the ability to have public water service available. In order to create the M.S.B.U. for potable water service provided by the Fort Pierce Utilities Authority, the County must first enter into an interlocal agreement with the City of Fort Pierce and the Fort Pierce Utilities Authority. This agreement will establish FPUA and the County's responsibilities with respect to this specific project. Under this agreement, the County agrees to assess the property owners for the municipal improvements provided by the FPUA. The FPUA will be responsible for the design, permitting, and construction of the potable water system, administration of the construction contract, inspection, and final acceptance of the system for maintenance. St. Lucie County will be responsible for the administration of the M.S.B.U. `~~.-' The method of assessment for the potable water improvements shall be based upon the "Equivalent Residential Connection" (ERC) method, whereBY each property owner is assessed equally for the improvements. The estimated project cost reflects a 60% construction cost credit, which is used to offset FPUA's customary water capital charge of $1,378.00 per ERC. FPUA has also agreed to waive engineering design fees ($45,000.00+/). The estimated project cost, excluding interest and tax collector fees is $511,228.00. Estimated assessment amount per ERC $4,700 to $4,800 Estimated annual payment $550 to $560 Estimated Prepay amount** $3,800 to $3,900 (**excludes financing fees and interest charges) RECOMMENDATION Staff recommends that the Board adopt Resolution No. 04-208 creating the Green Acres M.S.B.U.; approve the preparation of an Interlocal Agreement with the City of Fort Pierce and the Fort Pierce Utilities Authority; and authorize the County Engineer to proceed with the engineering and design of the Project. MP/bp Attachments (Petition) (Resolution) (Boundary Map) (Letter from John Greer) cc: Staff Concurring Finance Director OMB Manager Property Appraiser Tax Collector ~/ RESOLUTION NO. 04-208 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA, DETERMINING THAT A PROJECT TO PROVIDE POTABLE WATER IMPROVEMENTS TO CERTAIN PROPERTIES IN THE GREEN ACRES SUBDIVISION IS IN THE BEST INTEREST OF THE COUNTY AND WILL BE OF BENEFIT TO THE PROPERTIES WITHIN A PROPOSED GREEN ACRES MUNICIPAL SERVICES BENEFIT UNIT; DETERMINING THAT 1009'o OF THE BENEFITS OF THE PROJECT WILL ACCRUE TO PROPERTIES WITHIN A PROPOSED GREEN ACRES MUNICIPAL SERVICES BENEFIT UNIT; DETERMINING THAT THE METHOD OF ASSESSMENT FOR THE POTABLE WATER IMPROVEMENTS SHALL BE BASED UPON THE EQUIVALENT RESIDENTIAL CONNECTION METHOD; DETERMINING THAT THE COST OF THE PROJECT IS NOT IN EXCESS OF THE BENEFIT; CREATING THE GREEN ACRES MUNICIPAL SERVICES BENEFIT UNIT; RESOLVING THAT 1009'o OF THE COST OF THE PROJECT SHOULD BE FUNDED BY NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED ON PROPERTIES WITHIN THE GREEN ACRES MUNICIPAL SERVICES BENEFIT UNIT THROUGH AN ASSESSMENT BASED ON AN EQUIVALENT RESIDENTIAL CONNECTION METHOD OF ASSESSMENT; AUTHORIZING THE COUNTY DIRECTOR OF ENGINEERING TO PROCEED WITH THE PROJECT AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Chapter 125, Florida Statutes and Chapter 1-13.5 of the St. Lucie County Code of Ordinances (the "Code), the Board of County Commissioners for St. Lucie County, Florida (the "Board") has the authority to establish municipal services benefits units ("MSBU's") in unincorporated St. Lucie County to provide, among other things, drainage improvements and potable water service; and WHEREAS, pursuant to Chapter 1-13.5 of the Code, the Board has adopted procedures which govern the establishment and administration of such MSBU's; and -1- ~r+r' ~1 WHEREAS, on July 13, 2004 pursuant to the procedures set forth in Section 1- 13.5 of the Code, the Board accepted the petition representing fifty-two (52%) percent of the land owners within a proposed Green Acres Municipal Services Benefit Unit (the "Green Acres MSBU") requesting that the Board create the Green Acres MSBU to fund the cost of a pro ject to provide potable water improvements to certain properties within the Green Acres Subdivision in unincorporated St. Lucie County (the "Project"); and WHEREAS, on August 17, 2004 pursuant to the requirements of Section 1-13.5 of the Code, the Board held a duly advertised initial hearing to consider the creation of the Green Acres MSBU, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, the County Engineer has advised the Board that based on an analysis of the costs and benefits of the Pro ject, the equivalent residential connection method of assessment is appropriate because this method of assessment fairly and reasonably apportions the cost of the project among the benefited properties; and WHEREAS, after hearing the comments of the County staff as well as interested persons, the Board has made the following determinations: (1) the Project and the creation of the proposed Green Acres MSBU is in the best interest of the health, safety and welfare of the County and will be of benefit to the properties within the limits of the proposed Green Acres MSBU; (2) the percentage of the benefits of the Project which will accrue to properties within the limits of the proposed Green Acres MSBU as shown on the map attached hereto as Exhibit "B" is 100%; (3) the method of assessment to be used in assessing the benefited properties shall be the equivalent residential connection method; and (4) the cost of the project is not in excess of the benefit gained by each of the properties which would be subject to the proposed assessment. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: A municipal services benefit unit to be known as the Green Acres Municipal Services Benefit Unit is hereby created as shown on the attached Exhibit ~~ B.. -2- Section 2: The entire cost of the Project shall be funded through non-ad valorem special assessments levied against real property within the limits of the Green Acres MSBU. Section 3: The method of assessment shall be based on the equivalent residential connection method of assessment such that each lot owner within the Green Acres MSBU shall share proportionately in the cost of the Project in relationship to the benefit received. Section 4: The County Director of Engineering is hereby authorized to proceed with the Project pursuant to the procedures set forth in Chapter 1-13.5 of the Code. Section 5: In the event the Project is not ultimately approved and constructed, the cost of preparing the plans, specifications, and the cost estimates may be assessed against the real property within the Green Acres MSBU. Section 6. This Resolution shall be effective upon adoption. PASSED AND DULY ADOPTED this 17th day of August, 2004. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney -3- EXHIBIT A PROOF OF PUBLICATION -4- ~""` EXHIBIT B ~ Green Acres MSBU Water - FPUA N ~!-f--woso ~e..~,.. WE GIS s o ,zs zso s7s sao Feet June 7, 2004 10 21 Ac Sax as ~ e s uas e)a a x o _n o MELISSA ~ LANE m LAND - 8. 80 Ac v o ~. ~ ~~ e o SWAMP - 1 04 A TOTAL - 9 84 Ac -~ ° e i a e° ~ \ )° ~ ~ a o ~ Y ' F w ~ ° ° i ~ ~ °~ ~ ~~ e o e o e o ea . e ~-~T L~J~'. ~ l_ y )~ C~ ®~ LJ IIJI ¢ e s ) x s v s v s x s e s N ^ ~ ~ i S Ll )~ ) ~ ~ ) ° „ DEANNA y 5 ] s e LANE , zS e e ~f ~.SVC s eo y ~\~' ° 5i5 x 3 7 5 s ] e x 5 6 0 ^~ ~ e 0 i 3 ] 5 ] S 1 5 i 3 x 3 6 0 Z o Z ° Ah1V o O ~ IANE ~ ~ E c s eo ', eo ao e s ^es `i )s is'~ s ~ r s f ° :.. ) ~ 6 m ~ ~ u f ~ ~ ~ 1~J,iI ~.: 5] 3 ) s ) S > S ) S e 5 s 0 _ ~I ~ ~.. ~ ._~i e s ~) s x 3 i 3 - 1 3 ~) 5 ) S es 5 ° r ~ 1 ° A u PAARGARET N N N LA E m ~ ~ ( ~ ^ , n g 1 ~ ~ e s ~ r ~ °', ; ° z ~ ~ ~'~ > 3 ~ Y ~~'~ ' ~ ~~ ~ ' ' ° ~ , I (~--' - ' ~ ° ~ ' ~ ~ ~ ~ i c ) ) ,) 5 x : x z D 4-A~-~+ i ~ r s S s s d s ai ex xe sx ___._ s 1. 85 AC ~ 2. 75 AC ~ n SSx ee ~ xe~ sz ~J oxs sx ~ ~ ~• 1. 95 AC ~ ~ ' -2`76 AC xc) s ~ •xo•+ eo • ! -5- r~.~ ~ .... .. ... ,1. 7 ~. '- ~ _ June 18, 2004 Board of County Commissioners 2300 Virginia Avenue Ft. Pierce, FL 34982 RE: Green Acres MSBU-Potable Water Improvements (FPUA) 1430-702-0021-000-2 To Whom It May Concern: My name is John M. Greer, and my wife Margaret C. Greer and we reside at 5008 Deana Lane in the Green Acres subdivision. We have lived at this address for 31 years, moving here late June 1973 from Orlando. We have a well and septic tank on ow property. We replaced the original well in 1993 and the septic drain field this year. But...you would not believe the quality of water we receive from ow well! This well is 85 feet in depth. I can't imagine why, other than the old city landfill located 600 to 800 feet north of us and long closed, but results of it seem apparent. The water from ow well looks like the leeching from garbage. According to the St. Lucie County Health Departrnent and the State of Florida Department of Environmental Regulation there is benzene in ow water. I had it tested in Mazch 1993 and the health department did a full analysis of which I have provided a copy for yow viewing. No one would use this water for drinking, washing clothes, bathing, or any other personal use without 'going through an extensive and expensive water conditioning system! I have over $4500 worth of equipment invested to make my water potable. I have a softener, carbon filter tank and aerator system as well as an RO system that everything goes through before being used. All of this equipment has to be maintained annually and is another expense to us. We feel that water is warranted for ow own health as benzene has been known to cause cancer and other harmful ailments. Many of the people in ow area can't afford a system like ows and we really don't know how they have swvived on the water coming from this area aquifer system. Water is desperately needed in this area. There is a water line running only 300 feet along Hammond Road from our home. This water goes to the citrus packing plant at the end of Hammond Road and it is also available in the Roadrunner Travel Park, so it wouldn't take much to connect ow area to this water pipeline. I would be at the meeting if it was at all possible, however, other engagements have me out of the area at that time. Thank you in advance for yow consideration and time allotted to the residents in the Green Acre neighborhood. incerely yowl, ~,t., t~~ ~'~'~~ ` "~~ r~ ((it~%l `~t'2~ ~ ' ~ c--~-rC ~'~ Sohn M. Greer Margaret C. Greer ~~~,~, (~,CCeS MS~u- c~ ~~ ~~~~~'~ m ~ Q ~ ~ Q w ~ o 7 Q O M ~ d O ~ Cfl N ~ N ~ ~ N O ~ O ~ ' (O _ ~ !~ l0 O ~ ~ ~ ~ N O _ N l ~ M - O ~ ~ ~ CD ~ (O ~ M ~ 0 ~ ~ O _ ~ O N ~ ~ ~ ~ ~ M f M lf~ cD 00 ~ C n 1y cD In ~ ~ O ~ N ' ^ N cD f N N N !~ f~ CO M f~ 00 0 00 ~ OD N N ~ O In O CO N 00 O) ~F ~ N Oi O c0 ' Q. 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LUCIE 80ULEVARD 5a 21208 296 62 120 ] 313.28 34 x.x8 0212-0014- ~~'"Jill ~.~ ~ (211-1(161-~)±ulSle ._, 000;6) i~(t~i, l,l _..,. 1.OAc 0 1.02 AC ~ 1 42 AC 3 , x_ z s --- az.pe e z , z o xzp i 9 AGENDA REQUEST ITEM NO. s~ DATE: August 17, 2004 REGULAR [ ] PUBLIC HEARING [X] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney SUBJECT: PRESENTED BY: Daniel S. McIntyre County Attorney Ordinance No. 04-027 -Amending Section 1-20-17 of Division 1 of Article II of Chapter 1-20 of the Code of Ordinances of St. Lucie County, Florida, by Prohibiting Parking on Juanita Avenue (Both sides) from its Intersection with North 25t'' Street (SR 615) West a Distance of approximately 440 Feet. BACKGROUND: Please see attached Memorandum. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Ordinance No. 04-027 as drafted. COMMISSION ACTION: [~ APPROVED [ ]DENIED ~' OTHER: Approved 5-0 CONCU CE: Do gl Anderson County Administrator Review and Approvals County Attorney: Management & Budget Originating Dept. Other: Finance: (Check for Copy only, if applicable) Purchasing Other: Eff. 5/96 -~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO: 04-1149 DATE: August 9, 2004 SUBJECT: Ordinance No. 04-027 - Amending Section 1-20- 17 of Division 1 of Article II of Chapter 1-20 of the Code of Ordinances of St. Lucie County, Florida, by Prohibiting Parking on Juanita Avenue (Both sides) from its Intersection with North 25th Street (SR 615) West a Distance of approximately 440 Feet. BACKGROUND• In response to a complaint expressed by the St. Lucie County Sheriff's Department, a No Parking Study was conducted. The Traffic Operations Section of the Road and Bridge Division of the Public Works Department of St. Lucie County, together with the Sheriff's Department, has recommended that parking be prohibited on both sides of Juanita Avenue from its intersection with North 25th Street (SR 615) West a distance of approximately 440 feet. The Engineering Division approved the recommendation and the St. Lucie County Sheriff's Department has concurred with the recommendation. The attached Ordinance No. 04-027 has been drafted as requested by the Traffic Operations Section of the Road and Bridge Division. ~Irr-' Permission to advertise Ordinance No. 04-027 was granted on July 27, 2004 and notice was published in the Tribune on July 30, 2004. RECOMMENDATION/CONCLUSION• Staff recommends that the Board adopt the attached Ordinance No. 04-027 as drafted. Respectfully submitted, Daniel S . McIn'~yre County Attorn y , DSM/cac Attachment ~./ ORDINANCE N0.04-027 AN ORDINANCE AMENDING SECTION 1-20-17 (PARKING RESTRICTED ON CERTAIN STREETS) OF DIVISION 1 (GENERALLY) OF ARTICLE II (STOPPING, STANDING AND PARKING) OF CHAPTER 1-20 (TRAFFIC) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA., BY PROHIBITING PARKING ON JUANITA AVENUE (BOTH SIDES) FROM ITS INTERSECTION WITH NORTH 25th STREET (SR 615) WEST A DISTANCE OF APPROXIMATELY 440 FEET IN ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING 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 determinations: 1. Section 125.01 (1) (m) and Section 316.008, Florida Statutes, authorizes the Board to regulate and prohibit parking. 2. In response to a complaint expressed by the St. Lucie County Sheriff's Department, a No Parking Study was conducted. The Traffic Operations Section of the Road and Bridge Division of the Public Works Department of St. Lucie County, together with the Sheriff's Department, has recommended that parking be prohibited on both sides of Juanita Avenue from its intersection with North 25tH Street (SR 615)West a distance of approximately 440 feet. 3. It is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County to prohibit passages are deleted. Underlined passages are added. 1 parking on both sides of Juanita Avenue from its intersection with North 25th Street (SR 615) West a distance of approximately 440 feet. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-20-17 (PARKING RESTRICTED ON CERTAIN STREETS) OF DIVISION 1 (GENERALLY) OF ARTICLE II (STOPPING, STANDING AND PARKING) OF CHAPTER 1-20 (TRAFFIC). Section 1-20-17 of Division 1 of Article II of Chapter 1-20 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-20-17. Parking restricted on certain streets. (a) The term "parking" as used herein means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaging in loading or unloading merchandise or passengers as may be permitted by law. (b) The parking of motor vehicles, except in cases of emergency, is hereby prohibited on the right-of-way of the following roads or streets, or indicated portions thereof, at all times unless otherwise indicated: "Angle Road," (Both sides) from its intersection of Orange Avenue North to its intersection with Avenue B. "Angle Road," with three hundred (300) feet of its intersection with Avenue D. "Angle Road," within three hundred (300) feet of its intersection with Avenue Q. "Angle Road," within three hundred (300) feet on either passages are deleted. Underlined passages are added. 2 side of the entrance to Westwood High School. "Arnold Road," the entire length of the right-of-way, from South 35t'' Street West to South 39t'' Street . "Atlantic Beach Boulevard," the entire length of the right-of-way, from Shorewinds Drive to its end, North Jetty. "Avenue D," within three hundred (300) feet of its intersection with Angle Road. "Avenue Q," within two hundred (200) feet of its intersection with Angle Road. "Beach Avenue," (East side), within one hundred (100) feet of its intersection with Shady Lane. "Beach Avenue," (West side), within one hundred (100) feet South of its intersection with Shady Lane. "Beach Avenue," (West side), within one hundred fifty (150) feet North of its intersection with Shady Lane. "Bell Avenue," (South side), from the intersection of Oleander Avenue Westerly approximately seven hundred (700) feet. "Chamberlin Blvd.," (North side), from one hundred forty (140) feet East of its intersection with U. S. Highway ##1 (S.R. 5) for a distance of three hundred (300) feet to a point .four hundred forty (440) feet East of its intersection with U. S. Highway #1 (S.R. 5). "Darter Court," (Both sides), from its intersection with Okeechobee Road to the East end. "Edwards Road," from Will Fee Road West to Maravilla Boulevard, between the hours of 7:30 a.m. and 3:30 p.m., Monday through Friday. "Elm Avenue," the entire length of the right-of-way, from West 1st Street to West 2nd Street, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. passages are deleted. Underlined passaces are added. 3 "Everglades Blvd.," (Center Island) from its intersection of South Shores Road Northerly to the end of the Center Island for a total distance of seven hundred fourteen (714) feet. "Flamingo Boulevard," the entire length of the right-of- way. "Glades Cut-Off Road," five hundred (500) feet on either side of the landfill entrance and on both sides of Glades Cut-Off Road. "Glades Cut-Off Road," within three hundred fifty (350) feet in all directions of its intersection with Midway Road. "Indrio Road," (Both sides), from the projected center- line of Indian Pines Village Entrance five hundred (500) feet East and five hundred (500) feet West; for a total distance of one thousand (1,000) feet. "Jenkins Road," within five hundred (500) feet of its intersection with Orange Avenue (SR 68). "Juanita Avenue," (Both sides) from its intersection with North 25th Street (SR 615) West approximately 440 feet "Midway Road," (CR712) (Both sides) , from its intersection with Okeechobee Road (SR70) a distance of one thousand nine hundred (1,900) feet to the West right-of-way line of North St. Lucie Water Control District Canal #85. "Midway Road," (South side) within three hundred (300) feet of its intersection with 25t'' Street. "Midway Road," within three hundred fifty (350) feet in all directions of its intersection with Glades Cut-Off Road. "Moorings Lane," the entire length of the right-of-way, from North Ocean Drive to Oak Drive. "North Ocean Drive," the entire length of the right-of- way, from Sea Oats Drive to Shorewinds Drive. passages are deleted. Underlined passages are added. 4 fir' "Oak Drive," the entire length of the right-of-way. "Oleander Avenue," from the entrance to the State Farmers Market, Southerly approximately five hundred (500) feet. "Oleander Avenue," (East side), from West 1St Street to just South of the White School property, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. "Peacock Road," (Both sides) from its intersection with Okeechobee Road (SR70) South a distance of three thousand twenty (3,020) feet. "Peters Road," (Both sides) from its intersection of State Road 70 (Okeechobee Road) for the entire length to the end of the existing pavement. "Sea Oats Drive," the entire length of the right-of-way, from North Ocean Drive to Oak Drive. "Shady Lane," within one hundred (100) feet of its intersection with Beach Avenue. "Shorewinds Drive," the entire length of the right-of- way, from North Ocean Drive to Atlantic Beach Boulevard. "South 33rd Street," (West side), the entire length of the right-of-way from Peterson Road to Whiteway Dairy Road. "South 35t'' Street," (West side) , for a distance of one hundred sixty-five (165) feet North of the Centerline of Arnold Road and a distance of one hundred seventy (170) feet South of the Centerline of Arnold Road. "South 36t'' Street," the entire length of the right-of- way, from Virginia Avenue South to Arnold Road. "Tamarind Drive," the entire length of the right-of-way, from Shorewinds Drive to Flamingo Boulevard. "Tumblin Kling Road, " within four hundred (400) feet West of its intersection with U. S. Highway 1. passages are deleted. Underlined passages are added. 5 mar/ "Tumblin Kling Road," within four hundred (400) feet West of its intersection with U. S. Highway 1. "Weatherbee Road, " (Both sides) , from its intersection of U. S. Highway #1 to its East to its intersection with a Presser Lane. "West 2nd Street," (North side), from Elm Avenue East to Oleander Boulevard, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. "West 2nd Street," entire length of right-of-way, from Elm Avenue West to Cypress Street, Monday through Friday, between the hours of 7:00 a.m. and 4:00 .m. only. "Will Fee Road," between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday. "Windham Lane," the entire length of the right-of-way, from Atlantic Beach Boulevard to Oak Drive. "50t'' Street," within two hundred (200) feet of its intersection with Angle Road. (c) The road superintendent of the county is directed to erect the necessary signs on the roads and streets, or portions thereof, covered by this section to advise the public that parking is prohibited at all times or during certain times, as provided in this section. (d) Penalties for violation of this section shall be in accordance with State law. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. passages are deleted. Underlined massages are added. 6 '~-'" PART C. SEVERABILITY AND APPLICABILITY. `~ 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. This ordinance shall be applicable within recorded subdivisions in unincorporated St. Lucie County. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect on receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second the vote on this ordinance was as follows: Chairman Paula A. Lewis XX Vice Chairman John D. Bruhn XX passages are deleted. Underlined passages are added. 7 Commissioner Frannie Hutchinson XX Commissioner Doug Coward XX Commissioner Cliff Barnes XX PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 17th day of August, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY passages are deleted. Underlined passages are added. 8 ~~ ~ ~ AGENDA REQUEST Purchasing Other: DATE: August 17, 2004 REGULAR [ ] PUBLIC HEARING [X] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney SUBJECT: Please see attached Memorandum. Ordinance No. 04-028 -Amending Section 1-20-17 of Division 1 of Article II of Chapter 1-20 of the Code of Ordinances of St. Lucie County, Florida, by Prohibiting Parking on Old Dixie Highway (Both Sides) from its Intersection with Naco Road South a Distance of approximately1,056 Feet; and by Prohibiting Parking on Naco Road (South side) from its Intersection with Old Dixie Highway West a Distance of approximately 1,056 Feet. BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Ordinance No. 04-028 as drafted. COMMISSION ACTION: [~ APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 9a- PRESENTED BY: Daniel S. McIntyre County Attorney Dou Anderson County Administrator Review and Approvals County Attorney: Management & Budget Originating Dept. Other: Finance: (Check for Copy only, if applicable) ITEM NO. S C Eff. 5/96 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO: 04-1150 DATE: August 9, 2004 SUBJECT: Ordinance No. 04-028 - Amending Section 1-20- 17 of Division 1 of Article II of Chapter 1-20 of the Code of Ordinances of St. Lucie County, Florida, by Prohibiting Parking on Old Dixie Highway (Both sides) from its Intersection with Naco Road South a Distance of approximately 1,056 Feet; and by Prohibiting Parking on Naco Road (South side) from its Intersection with Old Dixie Highway West a Distance of approximately 1,056 Feet. BACKGROUND• In response to a complaint expressed by the St. Lucie County Sheriff's Department, a No Parking Study was conducted. The Traffic Operations Section of the Road and Bridge Division of the Public Works Department of St. Lucie County, together with the Sheriff's Department, has recommended that parking be prohibited on both sides of Old Dixie Highway from its intersection with Naco Road South a distance of approximately 1,056 feet; and by prohibiting parking on Naco Road (South side) from its intersection with Old Dixie Highway West a distance of approximately 1,056 Feet. The Engineering Division approved the recommendation and the St. Lucie County Sheriff's Department has concurred with the recommendation. ~/ The attached Ordinance No. 04-028 has been drafted as requested by the Traffic Operations Section of the Road and Bridge Division. Permission to advertise Ordinance No. 04-028 was granted on July 27, 2004 and notice was published. in the Tribune on July 30, 2004. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt the attached Ordinance No. 04-028 as drafted. DSM/cac Attachment ctfully submitted, Daniel S. McI County Attorn ORDINANCE N0.04-028 `tir~ AN ORDINANCE AMENDING SECTION 1-20-17 (PARKING RESTRICTED ON CERTAIN STREETS) OF DIVISION 1 (GENERALLY) OF ARTICLE II (STOPPING, STANDING AND PARKING) OF CHAPTER 1-20 (TRAFFIC) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY PROHIBITING PARKING ON OLD DIXIE HIGHWAY (BOTH SIDES) FROM ITS INTERSECTION WITH NACO ROAD SOUTH A DISTANCE OF APPROXIMATELY 1,056 FEET; AND BY PROHIBITING PARKING ON NACO ROAD (SOUTH SIDE) FROM ITS INTERSECTION WITH OLD DIXIE HIGHWAY WEST A DISTANCE OF APPROXIMATELY 1,056 FEET IN ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR CONFLICTING PROVISIONS; SEVERA,BILITY AND APPLICABILITY; PROVIDING FOR FILING 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 determinations: 1. Section 125.01 (1) (m) and Section 316.008, Florida Statutes, authorizes the Board to regulate and prohibit parking. 2. In response to a complaint expressed by the St. Lucie County Sheriff's Department, a No Parking Study was conducted. The Traffic Operations Section of the Road and Bridge Division of the Public Works Department of St. Lucie County, together with the Sheriff's Department, has recommended that parking be prohibited on both sides of Old Dixie Highway from its intersection with Naco Road South a distance of approximately 1,056 feet; and by passages are deleted. Underlined passages are added. 1 prohibiting parking on Naco Road (South side from its intersection with Old Dixie Highway West a distance of approximately 1,056 feet. 3. It is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County to prohibit parking on both sides of Old Dixie Highway from its intersection with Naco Road South a distance of approximately 1,056 feet; and by prohibiting parking on the south side of Naco Road from its intersection with Old Dixie Highway West a distance of approximately 1,056 feet. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-20-17 (PARKING RESTRICTED ON CERTAIN STREETS) OF DIVISION 1 (GENERALLY) OF ARTICLE II (STOPPING, STANDING AND PARKING) OF CHAPTER 1-20 (TRAFFIC). Section 1-20-17 of Division 1 of Article II of Chapter 1-20 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-20-17. Parking restricted on certain streets. (a) The term "parking" as used herein means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaging in loading or unloading merchandise or passengers as may be permitted by law. (b) The parking of motor vehicles, except in cases of emergency, is hereby prohibited on the right-of-way of the following roads or streets, or indicated portions passages are deleted. Underlined passages are added. 2 thereof, at all times unless otherwise indicated: "Angle Road," (Both sides) from its intersection of Orange Avenue North to its intersection with Avenue B. "Angle Road," with three hundred (300) feet of its intersection with Avenue D. "Angle Road," within three hundred (300) feet of its intersection with Avenue Q. "Angle Road," within three hundred (300) feet on either side of the entrance to Westwood High School. "Arnold Road," the entire length of the right-of-way, from South 35tH Street West to South 39th Street . "Atlantic Beach Boulevard," the entire length of the right-of-way, from Shorewinds Drive to its end, North Jetty. "Avenue D," within three hundred (300) feet of its intersection with Angle Road. "Avenue Q," within two hundred (200) feet of its intersection with Angle Road. "Beach Avenue," (East .side), within one hundred (100) feet of its intersection with Shady Lane. "Beach Avenue," (West side), within one hundred (100) feet .South of its intersection with Shady Lane. "Beach Avenue," (West side), within one hundred fifty (150) feet North of its intersection with Shady Lane. "Bell Avenue," (South side), from the intersection of Oleander Avenue Westerly approximately seven hundred (700) feet. "Chamberlin Blvd.," (North side), from one hundred forty (140) feet East of its intersection with U. S. Highway #1 (S.R. 5) for a distance of three hundred (300) feet to a point four hundred forty (440) feet East of its intersection with U. S. Highway #1 (S.R. 5). passages are deleted. Underlined passages are added. 3 "Darter Court," (Both sides), from its intersection with Okeechobee Road to the East end. "Edwards Road," from Will Fee Road West to Maravilla Boulevard, between the hours of 7:30 a.m. and 3:30 p.m., Monday through Friday. "Elm Avenue," the entire length of the right-of-way, from West lst Street to West 2nd Street, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. "Everglades Blvd.," (Center Island) from its intersection of South Shores Road Northerly to the end of the Center Island for a total distance of seven hundred fourteen (714) feet. "Flamingo Boulevard," the entire length of the right-of- way. "Glades Cut-Off Road," five hundred (500) feet on either side of the landfill entrance and on both sides of Glades Cut-Off Road. "Glades Cut-Off Road," within three hundred fifty (350) feet in all directions of its intersection with Midway Road. "Indrio Road," (Both sides), from the projected center- line of Indian Pines Village Entrance five hundred (500) feet East and five hundred (500) feet West; for a total distance of one thousand (1,000) feet. "Jenkins Road," within five hundred (500) feet of its intersection with Orange Avenue (SR 68). "Juanita Avenue, " (Both sides) from its intersection with North 25th Street (SR 615) West approximately 440 feet. "Midway Road," (CR712) (Both sides) , from its intersection with Okeechobee Road (SR70) a distance of one thousand nine hundred (1,900) feet to the West right-of-way line of North St. Lucie Water Control District Canal #85. "Midway Road," (South side) within three hundred (300) feet of its intersection with 25th Street. passages are deleted. Underlined passages are added. 4 "Midway Road," within three hundred fifty (350) feet in all directions of its intersection with Glades Cut-Off Road. "Moorings Lane," the entire length of the right-of-way, from North Ocean Drive to Oak Drive. "Naco Road" (South side), from its intersection with Old Dixie Highway West a distance of approximately 1,056 feet. "North Ocean Drive," the entire length of the right-of- way, from Sea Oats Drive to Shorewinds Drive. "Oak Drive," the entire length of the right-of-way. "Old Dixie Highway" (Both sides), from its intersection with Naco Road South a distance of approximately 1,056 feet. "Oleander Avenue," from the entrance to the State Farmers Market, Southerly approximately five hundred (500) feet. "Oleander Avenue," (East side), from West 1st Street to just South of the White School property, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. "Peacock Road," (Both sides) from its intersection with Okeechobee Road (SR70) South a distance of three thousand twenty (3,020) feet. "Peters Road," (Both sides) from its intersection of State Road 70 (Okeechobee Road) for the entire length to the end of the existing pavement. "Sea Oats Drive," the entire length of the right-of-way, from North Ocean Drive to Oak Drive. "Shady Lane," within one hundred (100) feet of its intersection with Beach Avenue. "Shorewinds. Drive," the entire length of the right-of- way, from North Ocean Drive to Atlantic Beach Boulevard. passages are deleted. Underlined passages are added. 5 "South 33rd Street," (West side) , the entire length of the right-of-way from Peterson Road to Whiteway Dairy Road. "South 35th Street," (West side), for a distance of one hundred sixty-five (165) feet North of the Centerline of Arnold Road and a distance of one hundred seventy (170) feet South of the Centerline of Arnold Road. "South 36th Street," the entire length of the right-of- way, from Virginia Avenue South to Arnold Road. "Tamarind Drive," the entire length of the right-of-way, from Shorewinds Drive to Flamingo Boulevard. "Tumblin Kling Road," within four hundred (400) feet West of its intersection with U. S. Highway 1. "Tumblin Kling Road," within four hundred (400) feet West of its intersection with U. S. Highway 1. "Weatherbee Road, " (Both sides) , from its intersection of U. S. Highway #1 to its East to its intersection with a Presser Lane. "West 2nd Street," (North side), from Elm Avenue East to Oleander Boulevard, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. "West 2nd Street," entire length of right-of-way, from Elm Avenue West to Cypress Street, Monday through Friday, between the hours of 7:00 a.m. and 4:00 .m. only. "Will Fee Road," between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday. "Windham Lane," the entire length of the right-of-way, from Atlantic Beach Boulevard to Oak Drive. "50th Street," within two hundred (200) feet of its intersection with Angle Road. (c) The road superintendent of the county is directed to erect the necessary signs on the roads and streets, or portions thereof, covered by this section to advise the passages are deleted. Underlined passages are added. 6 ~Ir/' public that parking is prohibited at all times or during certain times, as provided in this section. (d) Penalties for violation of this section shall be in accordance with State law. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. 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. This ordinance shall be applicable within recorded subdivisions in unincorporated St. Lucie County. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. passages are deleted. Underlined passages are added. 7 This ordinance shall take effect on receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second the vote on this ordinance was as follows: Chairman Paula A. Lewis XX Vice Chairman John D. Bruhn XX Commissioner Frannie Hutchinson XX Commissioner Doug Coward XX Commissioner Cliff Barnes XX PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 17th day of August, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIRMAN passages are deleted. Underlined passages are added. 8 ~' ~.ri APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY passages are deleted. Underlined passages are added. 9 ~,e Agenda Request Item Number: Meeting Date: Consent Regular Public Hearing Leg. ] _--- 8h 7/04 [) [l [X) Quasi-JD [ X ] To: Board of County Commissioners r Submitted By: Growth Management CLGC nterim r wt anagement Dir SUBJECT: Consider Draft Resolution 04-099 granting approval to the Conditional Use Permit petition of Joseph Lopez, for a Conditional Use to allow for the operation of a Landscape and Lawn Maintenance facility to be known as Lopez Landscaping and Maintenance in the AR-1 (Agricultural, Residential - 1 du/ acre) Zoning District. (File No.: CU-03-012). BACKGROUND: The petitioner, Joseph Lopez, is requesting that the Board of County Commissioners grant approval for a Conditional Use Permit for property located at the northeast corner of the intersection of Devine Road and Selvitz Road, within the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District. The purpose of the Conditional Use Permit is to allow for the operation of a landscape and lawn maintenance facility. This requested use would be authorized under the provisions of Section 3.01.03(E)(6)(e), Landscaping and Horticultural Services of the Land Development Code. The proposed Conditional Use Permit has been determined to meet the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code, and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. FUNDS AVAILABLE: N/A PREVIOUS ACTION: At the July 15, 2004 public hearing, the Planning and Zoning Commission, by a vote of 6-0, with two members absent (Mr. McCurdy, Mr. Grande and Mr. Merritt) recommended approval of the Conditional Use Permit subject to the recommended conditions. RECOMMENDATION: Staff recommends approval of Draft Resolution 04-099. COMMISSION ACTION: CO U RENCE: APPROVED ~ DENIED OTHER Approved 5-0 uglas M. Anderson County Administrator Coordination/ Signatures ~~ County Attorney ~. Mgt. & Budget: Purchasing: Finance.: Fire Dept: Public Works: Environ. Resources; Utility: Other: BOARD OF COUNTY COMMISSION REVIEW: 8/17/04 File Number: CU-03-012 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commission FROM: Randy Stevenson, Interim Growth Management Director DATE: August 10, 2004 SUBJECT: Application of Joseph K. Lopez, for a Conditional Use Permit to allow for the operation of a Landscape and Lawn Maintenance facility to be known as Lopez Landscaping and Maintenance in the AR-1 (Agricultural, Residential - 1 du/ acre) Zoning District. LOCATION: Northeast corner of the intersection of Devine Road and Selvitz Road (Tax ID# 2432-333-0001-0003) EXISTING ZONING: AR-1 (Agricultural, Residential - 1 du/acre) FUTURE LAND USE: RS (Residential Suburban) PARCEL SIZE: 8.62 acres PROPOSED USE: The purpose of the requested Conditional Use Permit is to allow the operation of a landscaping and lawn maintenance facility on the subject property. This use would be authorized under the provisions of Section 3.01.03(E)(6)(e), Landscaping and Horticultural Services. SURROUNDING ZONING: I (Institutional) tothe north and AR-1 (Agricultural, Residential - 1 du/acre) to the south, east and west. SURROUNDING LAND USES: The subject property is surrounded by P/F (Public/Facilities) to the north and RS (Residential Suburban) to the south, east and west. The existing uses to the north of the subject property are the Children's Home Society facility then the proposed New Life Christian Church; to the south is a plant nursery; to the east are single-family residential lots and to the west is vacant land that was dedicated to the County as part of the Midway Industrial Park approvals. ~rr- August 17, 2004 Page 2 FIRE/EMS PROTECTION: UTILITY SERVICE: TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: SCHEDULED IMPROVEMENTS: TYPE OF CONCURRENCY DOCUMENT REQUIRED: Petition: Lopez CU File: CU-03-012 Station 6 (350 E. Midway Road), is located approximately 6 miles to the southeast. On site wells will provide water service. On site sewer will be provided through the use of an onsite septic tank. Selvitz Road is a County owned and maintained 100-foot right-of-way. None Concurrency Deferral Affidavit. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed conditional use, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed conditional use is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed conditional use is not in conflict with any applicable portion of the St. Lucie County Land Development Code, subject to the special conditions cited below. Section 3.01.03(E)(6)(e), AR-1 (Agricultural, Residential -1 du/acre) Zoning District, allows for the operation of landscaping and horticultural services as a conditional use. Section 3.01.02(A) of the St. Lucie County Land Development Code indicates that for the purpose of clarifying and detailing the intent and purpose of the uses of the Zoning Districts in Sections 3.01.03 (A) thorough 3.01.03(DD), the County shall utilize the Standard Industrial Classification (SIC) Manual (1987 ed), prepared by the Executive Office of the President, Office of Management and Budget. Based upon Section 3.01.03(E)(6)(e), Staff is required to review Industry Group 078, Landscape and Horticultural Services within the SIC Manual. According to this section of the SIC Manual the following uses are listed as those uses within the Landscaping and Horticultural Services: August 17, 2004 Page 3 Petition: Lopez CU File: CU-03-012 Indust T e A roved Uses 0781 -Landscape Counseling and Planning Garden lannin defined as establishments primarily engaged in Horticultural adviso or counselin services landscape planning and in performing landscape Landsca a architects architectural and counseling services. Landsca a counselin Landsca a lannin 0782 Lawn and Garden Service -defined as Bermudas ri in services establishments primarily engaged in performing a Cemeter u kee , inde endent variety of lawn and garden services. Garden maintenance Garden lantin Lawn care Lawn fertilizin services Lawn mowin services Lawn mulchin services Lawn seedin services Lawns ra in services Lawns ri in services Mowin hi hwa center stri sand ed es Seedin hi hwa stri s Sod la in Turf installation, exce t artificial 0783 -Ornamental Shrub and Tree Services - Arborist services defined as establishments primarily engaged in performing a variety of ornamental shrub and tree Ornamental bush planting, pruning, bracing, s ra in ,removal and sur e services. Ornamental tree planting, pruning, bracing, s ra in ,removal and sur e Tree trimmin for ublic utilit lines Trees, ornamental: planting, pruning, bracing, s ra in ,removal and sur e Utilit line tree trimmin services The petitioner is proposing to operate a landscaping and lawn maintenance facility on an 8.62-acre parcel of land located at the northeast corner of the intersection of Devine Road and Selvitz Road. Based upon the uses within SIC Code 078, this use is listed as a consistent use under Industry No. 0782, as indicated above. A review of the conditional use permit indicates that the proposed landscaping and lawn maintenance facility will not be in conflict with any portion of the Land Development Code. The applicant will be required as a condition of this Conditional Use Permit to maintain a minimum 100-foot vegetative buffer along the northern, eastern and western property lines. Prior to any land clearing permits for the subject property, the applicant shall be required to submit for review and approval a site plan meeting all technical requirements of the St. Lucie County Land Development Code. 2. Whether and the extent to which the proposed conditional use would have an adverse impact on nearby properties; The proposed conditional use is not expected to adversely impact the surrounding properties. The property is currently a vacant, heavily vegetated site with an AR-1 `~Ir' August 17, 2004 Page 4 Petition: Lopez CU File: CU-03-012 (Agricultural, Residential -1 du/acre) zoning designation. There are residential lots located to the east of the subject property. To the south of the subject property is a plant nursery; to the north is the Children's Home Society facility; further to the north and northeast is property owned by New Life Christian Church and to the west is property dedicated to the County as part of the Midway Industrial Park, Phase III approvals. Further to the north of this site, approximately ~/a mile, are a variety of industrial uses which include but are not limited to a chemical plant, sod company, and a concrete manufacturing facility. Based upon these surrounding uses, staff has determined that the proposed use will continue with the current development trends along Selvitz Road. In order to protect the single-family lots to the east, staff is recommending that a condition of approval be that at the time of site plan approval, a 100-foot vegetative buffer be provided along the northern and eastern property lines. At no time shall construction or clearing be permitted within these buffer areas. During the Planning and Zoning Commission public hearing, the applicant indicated that the project would further buffer Selvitz Road through the provision of an additional 100-foot vegetative buffer along the western property line. The applicant has indicated that the hours of operation for this facility will be from 7:00 am to 5:00 pm. Staff is also recommending that the hours of operation be from 6:45 am to 5:30 pm to allow sufficient time for the employees to arrive and depart the site. 3. Whether and the extent to which the proposed conditional use would be served by adequate public facilities and services, including roads, police protection, solid waste disposal, water, sewer, drainage structures, parks, and mass transit; This conditional use is not expected to create significant additional demands on any public facilities in this area. The subject property will be provided water and sewer through an on- site well and septic sewer system. During the Planning and Zoning Commission public hearing, the applicant agreed to a condition of approval that limits access to the subject property to Devine Road. 4. Whether and the extent to which the proposed conditional use would result in significant adverse impacts on the natural environment; The proposed development would not result in significant adverse impacts on the natural environment. The subject parcel is a heavily vegetated site that will require minor site plan approval. All environmental issues will be resolved prior to site plan approval. In order to prevent undue effects upon the adjacent properties, staff is recommending that the applicant provide a 100-foot vegetative buffer along the northern and eastern property lines. Further, the applicant agreed at the Planning and Zoning Commission public hearing to also maintain a 100-foot vegetative buffer along the western property line. COMMENTS The petitioner, Joseph Lopez, has applied for a Conditional Use Permit in order to operate a landscape and lawn maintenance business on an 8.62-acre tract of land located at the northeast corner on the intersection of Devine Road and Selvitz Road. The subject property is located within August 17, 2004 Page 5 Petition: Lopez CU File: CU-03-012 the AR-1 (Agricultural, Residential - 1 du/acre) zoning district. This particular use would be authorized under the provisions of Section 3.01.03(E)(6)(e), Landscape and Horticultural Services. The proposed conditional use is not expected to adversely impact the surrounding properties. The subject property is vacant with predominantly native vegetation. At the July 15, 2004 public hearing, the Planning and Zoning Commission recommended that the applicant's petition be forwarded to the Board of County Commissioners with a recommendation of approval subject to staff's recommended conditions. Staff finds that this petition meets the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends approval of Resolution 04-099, subject to the following conditions: Prior to commencing any construction on the 8.62 acres of land, the applicants shall be required to submit for review and approval a minor site plan that is consistent with the Land Development Code. 2. Access to the applicant's site shall be via Devine Road. At no time shall this project be permitted to access directly off of Selvitz Road. 3. The applicant shall provide a minimum 100-foot vegetative buffer along the northern, eastern and western property lines. No future development can occur in this vegetative buffer unless a modification to the Conditional Use Permit eliminating the vegetative buffer or portion of the vegetative buffer is submitted for review and approval by the Board of County Commissioners. 4. The hours of operation for this landscaping and lawn maintenance business will be 6:45 am to 5:30 pm. Please contact this office if you have any questions on this matter. CS H:\wp\conditionaluse\Joseph Lopez\.lopez.pzstaffrpt cc: County Attorney Public Works Director Environmental Resources Joseph Lopez Greg Boggs, Thomas Lucido & Associates 1 2 3 4 5 6 s 9 10 RESOLUTION 04-099 FILE NO.: CU-03-012 A RESOLUTION FOR A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A LANDSCAPE AND LAWN MAINTENANCE FACILITY IN THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1 DU/ ACRE) ZONING DISTRICT FOR PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Joseph Lopez presented a petition for a Conditional Use Permit to allow the operation of a landscape and lawn maintenance facility, inthe AR-1 (Agricultural, Residential -1 du/acre) Zoning District for the property described in Part B below. 2. On July 15, 2004, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve the hereinafter described request for a Conditional Use Permit inthe AR-1 (Agricultural, Residential - 1 du/acre) Zoning District for the property described below. 3. On August 17, 2004, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed Conditional Use is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land Development Code. 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. The proposed project will be serviced by onsite well and septic systems. 7. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Interim Growth Management Director on August 17, 2004. File No.: CU-03-012 August 17, 2004 Resolution 04-099 Page 1 ~," NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County Florida: A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a Conditional Use Permit for Joseph Lopez to allow the operation of a landscape and Lawn Maintenance Facility, in the AR-1 (Agricultural, Residential -1 du/acre) Zoning District, is granted for the property described below, subject to the following conditions: 1. Prior to commencing any construction on the 8.62 acres of land, the applicants shall be required to submit for review and approval a minor site plan that is consistent with the Land Development Code. 2. Access to the applicant's site shall be via Devine Road. At no time shall this project be permitted to access directly off of Selvitz Road. 3. The applicant shall provide a minimum 100-foot vegetative buffer along the northern, eastern and western property lines. No future development can occur in this vegetative buffer unless a modification to the Conditional Use Permit eliminating the vegetative buffer or portion of the vegetative buffer is submitted for review and approval by the Board of County Commissioners. 4. The hours of operation for this landscaping and lawn maintenance business will be 6:45 am to 5:30 pm. B. The subject property is described as follows: SW 1/4 OF SW 1/4 OF SW 1/4 -LESS RD RNV - (8.62 AC) (OR 255-727) Location: Northeast corner of Selvitz Road and Devine Road. Tax Id. No. 2432-333-0001-000/3 C. The approvals and authorizations granted by this Resolution are for the purpose of obtaining a zoning compliance for this property, and shall expire on August 17, 2005, unless the developer has obtained a zoning compliance for the uses described in Part A above, or an extension has been granted in accordance with Section 11.07.05(F), St. Lucie County Land Development Code. D. The Certificate of Capacity, a copy of which is attached to this resolution, shall remain valid for the period of Conditional Use approval. Should the Conditional Use 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. E. The St. Lucie County Growth Management Department Director is hereby authorized File No.: CU-03-012 Resolution 04-099 August 17, 2004 Page 2 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 ''~i 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ~~ 35 36 37 38 ~r` and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman 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 17th day of August 2004 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY ATTEST: DEPUTY CLERK Chairman APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY cs: H:\WP\Conditional UsesWoseph Lopez\bcc\Iopez.resolution.04099wpd File No.: CU-03-012 August 17, 2004 Resolution 04-099 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ~1r/' Exhibit A Certificate of Capacity File No.: CU-03-012 August 17, 2004 Resolution 04-099 I Page 4 10 11 12 13 14 15 16 17 18 19 ~~+' File No.: CU-03-012 August 17, 2004 Resolution 04-099 Page 5 1 2 3 4 5 6 7 8 9 10 11 Exhibit B • Vicinity Maps • Site Location Map File No.: CU-03-012 August 17, 2004 Resolution 04-099 Page 6 u~~icaal- SUOIECT TO PLA~NIN6 b ZONI~6'i AGENDA ITEM 3: JOSEPH K. LOPEZ -FILE NO. CU-03-012: ~;4~~`~lSS6ON APPROVAL Ms. Cyndi Snay, presenting Staff comments, stated that Agenda Item # 3 was the application of Joseph Lopez for a conditional use permit to allow for the operation of a landscaping and lawn maintenance facility on an 8.62-acre parcel of land located northeast side of the intersection of Devine Road and Selvitz Road. The subject property is designated with an AR-1 (Agricultural, Residential - I du/acre) zoning designation and RS (Residential Suburban) classification. The subject property is surrounded by I (Institutional) zoning to the north and AR-1 (Agricultural, Residential - 1 du/acre) zoning to the south, east and west and P/F (Public/Facilities) land use to the north with RS (Residential Suburban) future land use to the south, east and west. The proposed conditional use is not in conflict with any applicable portion of the St. Lucie County Land Development Code nor is it expected to adversely impact the surrounding properties. The property is currently a vacant, heavily vegetated site with an AR-1 (Agricultural, Residential - 1 du/acre) zoning designation. There are residential lots located to the east of the subject property. To the south of the subject property is a plant nursery; to the north is the Children's Home Society facility; further to the north and northeast is property owned by New Life Christian Church and to the west is property dedicated to the County as part of the Midway Industrial Park, Phase III approvals. Further to the north of this site, approximately 1/a mile are a variety of industrial uses which include but are not limited to a chemical plant, sod company, and a concrete manufacturing facility. Based upon this, Staff has determined that the proposed use will continue with the current development trends along Selvitz Road. In order to protect the single-family lots to the east, staff is recommending that a condition of approval be that at the time of site plan approval, a 100-foot vegetative buffer be provided along the northern and eastern property lines. At no time shall construction or clearing be permitted within these buffer areas. The applicant has indicated that the hours of operation for this facility will be from 7:00 am to 5:00 pm. Staff is also recommending that the hours of operation be from 6:45 am to 5:30 pm to allow sufficient time for the employees to arrive and depart the site. This conditional use is not expected to create significant additional demands on any public facilities in this area. The subject property will be provided water and sewer through an on-site well and septic sewer system. The proposed development would not result in significant adverse impacts on the natural environment. The subject parcel is a heavily vegetated site that will require minor site plan approval. At the time of site plan approval, all environmental issues will be resolved prior to approving the site plan. Staff finds that this petition meets the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval, subject to the following conditions: 1. Prior to commencing any construction on the 8.62 acres of land, the applicants shall be required to submit for review and approval a minor site plan that is consistent with the Land Development Code. 2. The applicant shall provide a minimum 100-foot vegetative buffer along the northern and eastern property lines. No future development can occur in this vegetative buffer unless a modification to the Conditional Use Permit eliminating the vegetative buffer or portion of P&Z / LPA Regular Meeting July 15, 2004 Page 7 of 25 U~FICIAI.- SUGIECT TO PL:~~9N1NG & ZONING the vegetative buffer is submitted for review and approval by the Board of County Commissioners. 3. The hours of operation for this landscaping and lawn maintenance business will be 6:45 am to 5:30 pm. Mr. Lounds questioned if this property has access off of Canal 102. Ms. Snay stated that access would be off of Devine Road, which is a county road and is north of the canal. Mr. Lounds questioned if there was also access off of Selvitz Road. Ms. Snay confirmed that was correct. Mr. Lounds questioned if they could limit access to Selvitz Road. Ms. Snay stated that could be added as a condition of approval if the Commission felt it was necessary. Chairman Hearn questioned what the 100 foot buffer would consist of. Ms. Snay stated that it would consist of native vegetation or they could supplement with a vegetative screening that was 100 feet wide. Chairman Hearn questioned if the applicant or their representative were present. Mr. Al Brodeur, Thomas Lucido and Associates, stated that the applicant had also submitted their minor site plan application for their maintenance building to store their lawn care equipment to the Growth Management Department for their review. He continued that the applicant had no problems with the 100 foot buffer and would be removing some Brazilian peppers and replacing them with native vegetation. Mr. Lounds questioned if the 100 foot buffer would be along Devine &Selvitz road. Mr. Brodeur stated it would be on the north and eastern property lines only but they would be willing to have buffers along all of the roadways if the Planning and Zoning Commission felt it was necessary. He also stated that they would prefer to have it along their southern property line, Devine Road. Chairman Hearn stated that since the property is zoned AR-1 (Agricultural, Residential - 1 du/acre), he is concerned about the maintenance of the machines taking place after their hours of operations. Mr. Brodeur stated that the applicant had no objections to the maintenances of the machines being done during the stipulated hours of operation. Ms. Snay stated that the hours of operation condition could be modified to specifically include maintenance of machinery too. Mr. Lounds stated that he didn't feel that would need to be added into the conditions because he feels the applicant would be a good neighbor, and if he wasn't, code enforcement would get involved. Chairman Hearn stated that he was still concerned about the nearby residents and was surprised to see this type of conditional use permit requested in a residential area. Chairman Hearn opened the public hearing. Seeing no one, Chairman Hearn closed the public hearing. P&Z / LPA Regular Meeting July 15, 2004 Page 8 of 25 ,,, ~ ~ICOAL-. SUGlECT TO PLANNING ~ ZONII~A ~~:~~~9~~9~5SION APPROVAL Ms. Hammer commended the applicant for agreeing to place a 100 foot buffer all the way around the property. Mr. Lounds stated after considering the testimony presented during the public hearing, including Staff comments, and the Standards of Review as set forth in Section 11.07.03, St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Joseph Lopez, for a Conditional Use Permit to allow for the operation of a landscaping and lawn maintenance business in the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District'subject to the three limiting conditions included in the staff report and condition # 2 being amended to include the western property line as the applicant agreed to at the public hearing because I don't have a problem with this particular business on that particular piece of land. I would rather see that than another gas station or something. Ms. Hammer stated that she would second the motion if condition # 3 was amended to read the hours of operation, including maintenance would be restricted. Mr. Lounds did not want that added to his motion because he feels the applicant would be a good neighbor and if he wasn't Code Enforcement would get involved. Motion seconded by Ms. Morgan. Ms. Hammer recommended that the applicant not do any maintenance on his equipment past 5:30 p.m. because it isn't fair to the surrounding neighbors. She stated that she supports the businesses in the community and wished the applicant good luck. Mr. Lounds stated that he feels the applicant needs to have consideration for his neighbors and they are putting faith in him by not adding maintenance into the restrictions. Chairman Hearn stated that he did not feel this type of business belongs in a residential district and he doesn't want to set a precedent. Upon a roll call vote the motion was approved by a vote of 5-1 (with Chairman Hearn voting against) and forwarded to the Board of County Commissioners with a recommendation of approval. P&Z / LPA Regular Meeting July 15, 2004 Page 9 of 25 COUNTY BOARD OF COMMISSIONERS PUBLIC NEARING AGENDA Au9us1 17, 2004 TO WHOM IT MAY CONCERN: NOTICE la hereby given in acwrtlanu wnn Section 11 A0.03 of the Sr Lucu County Lantl Development Coda ana rn accprdanu wnn the prowslons o tM St. Lucie County CompnMnsive Plan that the lollowmg applicants n:vr requested Thal the 5[. Wcie County Boartl of Commissioners consider thei lollowmg requests: JOSEPH K. LOPEZ, far a Conditional Use Permit to allow for the oDaranon of a landscaping and lawn mumenance faci5ty in the AR~1 IAyncWtural, Resr denual - 1 du/acre) Zoning Oistnct for IM lollowmg tlescnMtl properly 32 ]5 40 SW V4 OF SW V4 OF SW v4 ~ LESS RD RAN - 17116.62 AG IOR 255 7271 Location: East soda of Selw¢ Road, approumalely 2,)00 last nuns of the m~ tercecuon of Midway Road and Salv'iu Road. OCEAN FOURS DEVELOPMENT CORPORATION, lur a Change in Zoning Iron the AR~ 1 IAgrlcultural, gasltlential - 1 dulacrel Zoning Oistnct to n+e PUL IPlannetl Unn Dewlopment ~ Lane Pinel Zoning Dictnd for the lollowmg de~ acnbeu praparry: BEING A PARCEL OF LAND LYING OVER A PORTION OF TRAC7'I`, "J", "K" 4 'L" AS SHOWN ON THE PLAT SHOWING THE ADJUSTMENT OF PROPERTY LINES OF MOORE, HOEFLICH, BACHARACH, 9RADV & HAMMOND, AS RE~ CORDED IN PLAT BOOK 3, PAGE 64, PUBLIC RECORDS Of 5T LUCIE COUN~ TY, FLORIDA, SAID PARCEL BEING A PORTION OF THE LANDS AS DE~ SCRIBED IN OFFICIAL RECORD BOOK 7706, PAGE 1060. LYING IN THE NORTHEAST QUARTER Oi SECTION 9, TOWNSHIP 76 SOUTH, RANGE 40 EAST; SAID PARCEL BEING MORE PARTIC ULARLV DESCRIBED AS FOL- LOWS: COMMENCING AT THE NORTHEAST GEED SOUTH 69 DEGREES x5'09" WE NORTHEAST QUARTER OF SAID SEC TO A POINT ON THE WEST LINE OF 1 EAST QUARTER OF SAID SECTION 9 EAST. DEPARTING SAID NORTH LIP ICE NORTH 89 DEGREES 41'31" WEST, DEPART- ) ALONG SAID SOUTH NAMMOND LINE, AND F THE LANDS DESCRIBED IN SAID OFFICIAL RE- )~, A DISTANCE Of 15.OD FEET TO A POINT ON LINE OF CITRUS BOULEVARD IA 3D FOOT WIDE AID OUT AND IN USE) AND THE POINT OF BE~ NE NORTH B8 DEGREES 41'31" WEST, OEPARi~ WAV LINE, AND ALONG SAID SOUTH LINES, A ET; THENCE NORTH 02 DEGREES 72'00" WEST, INES, A DISTANCE OF 443.2 FEET TO A POINT ARV LINE BETWEEN THE LANDS DESCRIBED IN IOK 1306, PAGE 1080, AND THE LANDS AS OE~ ORD BOOK d98, PAGE 7599, PUBLIC RECORDS ILLOWING THREE COURSES ARE ALONG SAID E; THENCE SOUTH B9 DEGREES 41'31' EAST. A '; THENCE NORTH Be DEGREES 35'29' FAST, A ': THENCE NORTH 99 DEGREES 59'59" EAST, A ' TO A POINT ON SAID WEST RIGNT~OF~WAY R0; THENCE SOUTH 00 DEGREES 16'24' EAST, IN IINE S, AND ALONG SAID WEST RIGHTAF. 455.92 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 16.70 ACRES, MOPE OR LESS. SUBJECT 7O: 4N EASEMENT 25 FEET IN WIDTH OVER THE SOUTH 25 FEET OF THE ABOVE DESCRIBED ROPERTY, WHICH EASEMENT WAS CREATED AND I$ DESCRIBED IN THAT DEED RECORDED N O.R BOOK 1655, PAGE 1793. PUBLIC RECORDS OF ST LUCIE COU NiV, FLORIDA .ocation: West side of Citrus Avenue, approximately 1.t001eet zoom of Mal- lartl Coun (NOnh Fork Estatesl. rHIL~AM INVESTORS, INC., lur a CHanye in Zuniny Irom the I Ilnsuwuunall 2ornny Dislnct to the CG ICommernal, General) Zoning District lur Ina tul~ low,nq cioscribed properry~ EAST 164 FEET OF THE FOLLOWING: FROM THE SOUTH lr4 CORNER OF SECTION 34. TOWNSHIP 35 SOUTH. RANGE 40 EAST, RUN WEST 494.31 FEET TO THE EAST LINE OF THE WEST 1/4 OF THE SOUTHEAST 1/0 OF THE SOUTHEAST t/4 OF THE SOUTHWEST t/4 OF SAID SECTION 34; THENCE RUN WEST 659.58 FEET TD THE WEST LINE OF THE EAST 3/4 OF THE SOUTHWEST v4 OF THE SOUTHEAST t,a Of THE SOUTHWEST 1/4 OF SAID SECTION 34, THENCE RUN SOUTH 315.52 FEET; THENCE RUN EAST 134.35 FEET; THENCE SOUTH 321,05 FEET TO THE NORTH RIGHT OF WAV Of WEATHERBEE ROAD: THENCE RUN EAST 574.58 FEET TO THE POINT OF BEGINNING. FROM THE SOUTH l/4 CORNER OF SECTION 34, TOWNSHIP 35 SOUTH. RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDq RUN WEST x94.31 FEET 70 THE EAST LINE OF THE WEST 174 Of THE SOUTHEAST tr4 OF THE SOUTH EAST 124 OF THE SOUTHWEST 1/4 OF SAID SECTION 34: THENCE RUN N.00 DEGREES 65'64'E, A DISTANCE OF 30 FEET TO THE POINT OF BEGIN NING: THENCE CONTINUE N.00 DEGREES 55'S4'E, A DISTANCE OF 637.79 FEET; THENCE RUN N.B9 DEGREES 47.15'W. A DISTANCE OF 764.00 FEET; THENCE RUN 5.00 DEGREES 55'S5'W, A DISTANCE OF 637.89 FEET TO THE NORTH RIGHT OF WAY OF WEATHERBEE ROAD; THENCE RUN EAST 164.00 FEET i0 THE POINT OF BEGINNING. .oution: North side of Wealharbee Read. ^DDroximately 500 feet west of South U.S. Highway No. 1. LAMES T. LONG, (or ^ Change in Zoning tram the RS~4 IResitlenual. Single- Family - 4 du/acre) ZonirlQ 8ntriet to the PUO IPlanned Unit Development Oakbnd Estrus) Zoning Duuid for Me lollowmg described property: THE EA57 174 OF THE SOUTHEAST tb OF THE 1 t. TOWNSHIP 3o SOUTH, RANGE 39 EAST. RECORDS OF ST. LUCIE COUNTY. SAID PAF MORE OR LE55. THAT PART OF THE EAST 112 OF THE SOUTH EAST t/a OF SECTION t t, TOWNSHIP 34 SOUTH, RANGE 39 EAST, AS RECORDED IN THE PUBLIC RE~ CORDS Of ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULAR LY DESCRIBED AS COMMENCING AT THE SOUTH EAST CORNER OF THE SOUTH EAST ll4 OF SOUTH EAST 1/a THENCE RUN N 00 DEGREES 38'S9'W ALONG THE EAST LINE OF SOUTH EAST 1/4 OF SOUTH EAST t/4 A DISTANCE OF 35.00 FEET TO THE POINT OF BEGINNING: THENCE RUNS 89 DEGREES 39'00'W AND PARALLEL TO THE SOUTH LINE ', / OF SAID SOUTH EAST 174 OF SOUTH EAST lr4 A DISTANCE Of 66616 Y FEET; THENCE RUN N 00 DEGREES 47' 37'W A DISTANCE OF 1261.79 FEET 70 A POINT 35.00 FEET SOUTH OF THE NORTH LINE OF SAID SOUTH EAST 1/4 OF SOUTH EAST 1N; THENCE RUN N B9 DEGREES 27'48"E A DISTANCE OF 667.65 FEET TO THE EAST LINE Of SAID SOUTH EAST va OF SOUTH EAST 1.4; THENCE RUNS 00 DEGREES 39'39" W A DISTANCE OF 1763.82 fEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 18.46 \ , ACRES MORE OR LESS. (t ~/ .ocaonn NE corner of Mummingbird Way and Palomar Drive ILasewood /~ I Para) / 'UREIC HEARINGS will be held In the [ommission CMmoers, Roger Poitras Annex, 3rd Flcor, St. Luxe County Admmrsuation Building, 7300 Vir grow Avenue, Fort Pierce. Floritla on August 3. 7DOa, beginning at 6:W P.M or as soon inereaner as possible. PURSUANT TO SeHron 296.0105. FIOnG Stetuua, d a peracn Guess to ap~ peal any tlecision maG by a board, agency, or commission with respect Io any mauer consitlered at a mealing or hearing, he will need a record of the proceedings, and IML for w<h purposes. hs may need to maura tMt a ver- batim retard or IM proceedings is meG. which record inclutles the testlmo~ rry and evidence upon which tM appeal is to M based. ~-_ BOARD OF COMMISSIONERS \ Si. LU[IE COUNTY, FLORIDA IS/ Paula Lewis. CNAIq ~' aoAR~ of COUNTY COMMISSIONERS August 7, 2004 ST. CO LU UN CIE TY -,, ~~~ _F L O R 1 D A rrr~l~ GROWTH MANAGEMENT In accordance with the St. Lucie County Land Development Code, you are hereby advised that JOSEPH K, LOPEZ, has petitioned St. Lucie County for Conditional Use Permit to allow for the operation of a landscaping and lawn maintenance facility in the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District for the following described property: Location: East side of Selvitz Road, approximately 2,700 feet north of the intersection of Midway Road and Selvitz 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 August l7, 2004, Counter 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 tl~e 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 adate-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) 4~2- 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: rite Number Gu -n3 - vr~2 , Sincerely, ST. LUCIE~C~OUNTY BOARD OF COMMISSIONERS ~~ ` t. ~{ JCS „~ ,~ ;c~_ ~~,~ 1,i' K'im' -- Paula Lewis, Chair JOHN D. [3RUHN, District No. 1 DOUG COWARD, District No. 2 PAULA A. LEWIS, District No. ~ FRANNIE HUTCHINSON, District No. 4 • CLIFF [3ARNES, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 Planning: (772) 462-2822 GIS/Technical Services: (772) 462-1553 Economic Development: (772) 462-1550 Fax: (772) 462-1581 Tourist Development: (772) 462-1529 Fax: (772) 462-2132 www.co.st-lucie.fl.us PLANNING AND ZONING COMMISSION REVIEW: 7/15/04 i, ` ' ~ "~Ni~ File Number: CU-03-012 I COMMUNITY DEVELOPMENT DEPARTMENT ~ Planning Division MEMORANDUM TO: Planning and Zoning Commission FROM: Planning Manager DATE: July 8, 2004 SUBJECT: Application of Joseph K. Lopez, for a Conditional Use Permit to allow for the operation of a Landscape and Lawn Maintenance facility to be known as Lopez Landscaping and Maintenance inthe AR-1 (Agricultural, Residential - 1 du/ acre) Zoning District. LOCATION: Northeast side of the intersection of Devine Road and Selvitz Road (Tax 1 D# 2432-333-0001-0003) EXISTING ZONING: AR-1 (Agricultural, Residential - 1 du/acre) FUTURE LAND USE: RS (Residential Suburban) PARCEL SIZE: 8.62 acres PROPOSED USE: The purpose of the requested Conditional Use Permit is to allow the operation of a landscaping and lawn maintenance facility on the subject property. This use would be authorized under the provisions of Section 3.01.03(E)(6)(e), Landscaping and Horticultural Services. SURROUNDING ZONING: I (Institutional) tothe north and AR-1 (Agricultural, Residential - 1 du/acre) to the south, east and west. SURROUNDING LAND USES: The subject property is surrounded by P/F (Public/Facilities) to the north and RS (Residential Suburban) to the south, east and west. The existing uses to the north of the subject property are the Children's Home Society facility then the proposed New Life Christian Church; to the south is a plant nursery; to the east is single-family residential lots and to the west are vacant land that was dedicated to the County as part of the Midway Industrial Park approvals. July 8, 2004 Page 2 FIRE/EMS PROTECTION: UTILITY SERVICE: TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: SCHEDULED IMPROVEMENTS: TYPE OF CONCURRENCY DOCUMENT REQUIRED: Petition: Joseph Lopez -Landscaping File No.: CU-03-012 Station 6 (350 E. Midway Road), is located approximately 6 miles to the southeast. On site wells will provide water service. On site sewer will be provided through a septic tank. Selvitz Road is a county owned and maintained 100-foot right-of-way. None Concurrency Deferral Affidavit. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed conditional use, the Planning and Zoning Commission shall consider and make the following determinations: Whether the proposed conditional use is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed conditional use is not in conflict with any applicable portion of the St. Lucie County Land Development Code, subject to the special conditions cited below. Section 3.01.03(E)(6)(e), AR-1 (Agricultural, Residential -1 du/acre) Zoning District, allows for the operation of landscaping and horticultural services as a conditional use. Section 3.01.02(A) of the St. Lucie County Land Development Code indicates that for the purpose of clarifying and detailing the intent and purpose of the uses of the Zoning Districts in Sections 3.01.03 (A) thorough 3.01.03(DD), the County shall utilize the Standard Industrial Classification (SIC) Manual (1987 ed), prepared by the Executive Office of the President, Office of Management and Budget. Based upon Section 3.01.03(E)(6)(e), Staff is required to review Industry Group 078, Landscape and Horticultural Services within the SIC Manual. According to this section of the SIC Manual the following uses are listed as those uses within the Landscaping and Horticultural Services: July 8, 2004 Page 3 Petition: Joseph Lopez -Landscaping File No.: CU-03-012 Industr T e A roved Uses 0781 -Landscape Counseling and Planning Garden lannin defined as establishments primarily engaged in Horticultural advisor or counselin services landscape planning and in performing landscape Landsca a architects architectural and counseling services. Landsca a counselin Landsca a lannin 0782 Lawn and Garden Service -defined as Bermudas ri in services establishments primarily engaged in performing a Cemete u kee , inde endent variety of lawn and garden services. Garden maintenance Garden lantin Lawn care Lawn fertilizin services Lawn mowin services Lawn mulchin services Lawn seedin services Lawns ra in services Lawns ri in services Mowin hi hwa center stri sand ed es Seedin hi hwa stri s Sod la in Turf installation, exce t artificial 0783 -Ornamental Shrub and Tree Services - Arborist services defined as establishments primarily engaged in performing a variety of ornamental shrub and tree Ornamental bush planting, pruning, bracing, s ra in ,removal and sur er services. Ornamental tree planting, pruning, bracing, s ra in ,removal and sur er Tree trimmin for ublic utilit lines Trees, ornamental: planting, pruning, bracing, s ra in ,removal and sur er Utilit line tree trimmin services The petitioner is proposing to operate a landscaping and lawn maintenance facility on an 8.62-acre parcel of land located at the northeast corner of the intersection of Devine Road and Selvitz Road. Based upon the uses within SIC Code 078, this use is listed as a consistent use under Industry No. 0782, as indicated above. A review of the conditional use permit indicates that the proposed landscaping and lawn maintenance facility will not be in conflict with any portion of the Land Development Code. The applicant will be required as a condition of this Conditional Use Permit to maintain a minimum 100-foot vegetative buffer along the northern and eastern property lines. Prior to any land clearing permits for the subject property, the applicant shall be required to submit for review and approval a site plan meeting all technical requirements of the St. Lucie County Land Development Code. 2. Whether and the extent to which the proposed conditional use would have an adverse impact on nearby properties; July 8, 2004 Petition: Joseph Lopez -Landscaping Page 4 File No.: CU-03-012 The proposed conditional use is not expected to adversely impact the surrounding properties. The property is currently a vacant, heavily vegetated site with an AR-1 (Agricultural, Residential -1 du/acre) zoning designation. There are residential lots located to the east of the subject property. To the south of the subject property is a plant nursery; to the north is the Children's Home Society facility; furtherto the north and northeast is property owned by New Life Christian Church and to the west is property dedicated to the County as part of the Midway Industrial Park, Phase III approvals. Further to the north of this site, approximately ~/< mile are a variety of industrial uses which include but are not limited to a chemical plant, sod company, and a concrete manufacturing facility. Based upon this, Staff has determined that the proposed use will continue with the current development trends along Selvitz Road. In order to protect the single-family lots to the east, staff is recommending that a condition of approval be that at the time of site plan approval, a 100-foot vegetative buffer be provided along the northern and eastern property lines. At no time shall construction or clearing be permitted within these buffer areas. The applicant has indicated that the hours of operation for this facility will be from 7:00 am to 5:00 pm. Staff is also recommending that the hours of operation be from 6:45 am to 5:30 pm to allow sufficient time for the employees to arrive and depart the site. 3. Whether and the extent to which the proposed conditional use would be served by adequate public facilities and services, including roads, police protection, solid waste disposal, water, sewer, drainage structures, parks, and mass transit; This conditional use is not expected to create significant additional demands on any public facilities in this area. The subject property will be provided water and sewer through an on- site well and septic sewer system. 4. Whether and the extent to which the proposed conditional use would result in significant adverse impacts on the natural environment; The proposed development would not result in significant adverse impacts on the natural environment. The subject parcel is a heavily vegetated site that will require minor site plan approval. At the time of site plan approval, all environmental issues will be resolved priorto approving the site plan. In order to prevent undue effects upon the adjacent properties, staff is recommending that the applicant provide a 100-foot vegetative buffer along the northern and eastern property lines. COMMENTS The petitioner, Joseph Lopez, has applied for a Conditional Use Permit in order to operate a landscape and lawn maintenance business on an 8.62-acre tract of land located at the northeast ~' July 8, 2004 Page 5 Petition: Joseph Lopez -Landscaping File No.: CU-03-012 corner on the intersection of Devine Road and Selvitz Road. The subject property is located within the AR-1 (Agricultural, Residential - 1 du/acre) zoning district. This particular use would be authorized underthe provisions of Section 3.01.03(E)(6)(e), Landscape and Horticultural Services. The proposed conditional use is not expected to adversely impact the surrounding properties. The property is predominantly vacant native vegetation. Staff finds that this petition meets the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval, subject to the following conditions: Prior to commencing any construction on the 8.62 acres of land, the applicants shall be required to submit for review and approval a minor site plan that is consistent with the Land Development Code. 2. The applicant shall provide a minimum 100-foot vegetative buffer along the northern and eastern property lines. No future development can occur in this vegetative buffer unless a modification to the Conditional Use Permit eliminating the vegetative buffer or portion of the vegetative buffer is submitted for review and approval by the Board of County Commissioners. 3. The hours of operation for this landscaping and lawn maintenance business will be 6:45 am to 5:30 pm. Please contact this office if you have any questions on this matter. CS H:\wp\conditionaluse\Joseph Lopez\.lopez.pzstaffrpt cc: County Attorney Public Works Director Environmental Resources Joseph Lopez Greg Boggs, Thomas Lucido & Associates 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 LOPEZ, FOR A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A LANDSCAPING AND LAWN MAINTENANCE BUSINESS IN THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1 DU/ACRE) 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 DENYTHE APPLICATION OF JOSEPH LOPEZ, FOR A CONDITIONAL USE PERMIT TO A LANDSCAPING AND LAWN MAINTENANCE BUSINESS IN THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1 DU/ACRE) ZONING DISTRICT, BECAUSE... [CITE REASON (S) WHY -PLEASE BE SPECIFIC] --~-RR Z ~t ti Q N ~°~ ~ o T- ~ ~ ~ o ~ ~ ~ ~ r~ ~ ~ /~` ~ ~ ~ ~ o ~ U N ~ ~.. }~ V_ 8 dd ~ pL£ / ~ ~ G M3MI N33MJ g~ 8 ? ` / ~tN r i . ,y3 ,~`~ a ~1C~'_ y ~' tO tl'~ S G S,Jtl~tl~ ~ ~P ~ f ~ IC ~ ~ ~ t~N ~w ~ J - § l~ ~y h W vc ~` °~,5 ~ ~ S~ W t t~,-O,W ~ _..v-„ r ii ~~i17Vr131D '. ~ ~~L~OI~ e~P Y 3Ar SIiIlU jg~ SW~~~ ¢~ v O // Y, ~ C ~ J~--~ St9 ~ ~ t n ~~~ 3a ~, /~v U ~. s. 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' T While eae,y ekM nee been make to proWOe IM moat cunaM end accwete N ekorrnelan possktM, k k not intanked for ufe oa a MGW bintlinp oocumenl. Zonin Joseph Lopez I H AR-1 I 0 0 N AR-1 ~_ _ ' ~l cn ~' r~ .J ~ R S_2 ~ ~ ~ A R-1 ~ ~ ~ ~ ~ ~ ~ C U 03-012 ~~~ --.~, GISG s` i~~. This r~attern indicates `~-J p Map prepared July 18, 2003 subject parcel ~ ~ ~ ~ ~ ~«v en~ ~e~,en~e ~,ee «,y. N Wlile wary allort has been rtistle b prvMS IM moat arrant ertl ecCUrale ~Iltellllell«1 possible, k k r101 N11Bri0ed iW UMW B ~Y binOrq tlOCUnwn. ~~ ~4 AR-1 ~~ ~~ Land Use IND RS i i i i i i i i RS i i i i i i i i i i i Joseph Lopez P/F RS '~~l `_. r~ .~ v 0 N a-.+ .~ a~ ~~ a~a RS ~a ~~ CU 03-012 This pattern indicates subject parcel ~:._ Map prepared July 18, 2003 ~~ ~ ~, ~ ~ ~ra~ .~ ret~~e . onN N WTfle every eaalbae been maOs W pravafe Ur most cvrent BnO accurate hlarnetion pweibW, M 4 not kaends0 for uw u a k7eh' birWkq Cocumant. ..~ CU 03-012 %;~~~~~ This pattern indicates ';';~~ subject parcel ~~- ..w• .1"_r~cic l~v.s Map prepared July 18, 2003 This map has been mmpiled for general plannirp eri0 ralarerice purposes my. ' T While e.~ery eaon bee been made to prwioe the moal current end acctYale N mlonnelbn poseibar. M u rot imenaed ror use u a legally binning document. Joseph Lopez Joseph Lopez 10.18 x.27 11.44 I ~-- -I------ a a N .~ .~ 4.02 ' 4 84 ; . r~ 1.57 r4 ; -------------- ------------- ra r~ CU o3-0~ 2 ------ 500' boundary This pattern indicates subject parcel Sz-.f~ ~ ~-~- GIS `~-. Map prepared July 18, 2003 Thw map tuu been compiled la penerel plemirq erld ralerence purposes ony. ' T NTile every etlorl Iles been rtade to provide Vte rtast curterx erld accurate N eltefnlatlorl po991b1e, ~ 19 rot Intended tp U9B 89 a IBQelfy blrldiflQ dOLlallerlt. Section 3.01.03 Zoning District Use Regulations E. AR-1 AGRICULTURAL. RESIDENTIAL - 1 ~` Purpose The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum density of one (1) dwelling unit per gross acre, together with such other uses as may be necessary for and compatible with very low density rural residential surroundings. The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(8). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Family day care homes. (9ss) b. Family residential homes provided that such homes shall not be located within a radius of one thousand (1000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. csss) c. Single-family detached dwellings. csss) 3. Lot Size Requirements Lot size requirements shall be in accordance with Table 1 in Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Table 1 in Section 7.04.00. 5. Off-street Parking Requirements Off-street parking requirements shall be in accordance with Section 7.06.00. Conditional Uses a. Crop services (o~z) b. Family residential homes located within a radius of one thousand (1000) feet of another such family residential home. (s9s) c. Industrial wastewater disposal. (999) d. Kennels -completely enclosed. crosz) e. Landscaping & horticultural services (ore) f. Retail: (1) Fruits and Vegetables. csa3) g. Riding stables. nays) ~ h. Veterinary services. (ova) - i Telecommunication towers -subject to the standards of Section 7.10.23 (999) 7. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the following: Adopted August 1, 1990 101 Revised Through 08/01!00 h~/'' Section 3.01.03 Zoning District Use Regulations a. Agriculture (farms and ranches accessory tosingle-family detached dwelling). ~ovoz~ b. Animals, subject to the requirements of Section 7.10.03. isss~ c. Guest house subject to the requirements of Section 7.10.04. ~9ee~ d. Mobile Home subject to the requirements of Section 7.10.05. ~eBe~ e. Retail and wholesale trade -subordinate to the primary authorized use or activity. Adopted August 1, 1990 102 Revised Through 08/01/00 `~" IoST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA July 15. 1006 TO WHOM IT MAY CONCERN' NOTICE is hereby groan m eccordanca with $emm~ n 00.03 pl me SI Luna County un0 Development Cotle and in a<cortlance wnn Ind provisions of Ine St. Lucie County Comprehensive Plan, that the lollowin applicants nave reguested lhal the St Lu[ie County Plamm~g and Zomng Commission can siwr the following repuesls: JOSEPH K. LGPEZ, for a Condmonal Use Permit to allow fur Ilse operauon pl a landscspmg antl lawn maintenance lacJny in Ine AR~11Ag~rculwrol. Resn dentist ~ 1 tlu/acral Zomng Dlstncl for Ine lollowmg tlascnbed uroperry. 31 35 a0 SW 1r0 OF SW I/d OF SW 1r0. LESS RD RAN - 17118.62 ACI IOR 255- 72)1 Location: East sitls of Selvilz Road, approximately 2.7001eet north of the im terseclwn of Midway Road and Selviu Roatl. OCEAN FOURS DEVELOPMENT CORPORATION, for a Change In Zoning Irom the AR~1 (Agricultural, Resitlential - 1 dwecre) Zoning Oislnct to the PUD (Planned Unit Davelopmem - Lorw Pinel Zoning Disuicl for tM lonowing tle~ scnbed property. BEING A PARCEL OF LAND LYING OVER A PORTION Of TRACT "I-, "J". "K" & "l" AS SHOWN ON THE PLAT SHOWING THE ADJUSTMENT OF PROPERTY LINES OF MOORE, HOEFLICH. BACHARACM, BRAOV d HAMMONO. AS RE- CORDED IN PLAT BOOK 3. PAGE 64, PUBLIC RECORDS OF ST LUCIE COUN- TY, FLORIDA, SAID PARCEL BEING A PORTION OF THE LANDS AS DE~ SCRIBED IN OFFICIAL RECORD BOOK 1706, PAGE 1080, LYING IN THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 36 SOUTH, RANGE 40 EAST; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOL- LOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 9; PRO- CEEDSOUTH 89 DEGREES 45'09" WEST. ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9, A DISTANCE OF 1317.89 FEET TO A POINT ON THE WEST LINE OF THE EAST ONE~HALF OF THE NORTH EAST QUARTER OF SAID SECTION 9; THENCE SOUTH 00 DEGREES i6'2a- EAST. DEPARTING SAID NORTH LINE, ANO ALONG SAID WEST LINE. A DISTANCE OF 2.639.36 FEET 70 A PoINT ON THE SOUTH HAMMOND LINE, AS SHOWN ON SAID PLAT OF ADJUSTMENT OF PROPERTY LINES. SAID POIN7lyING 15.30 FEET MORE OR LESS NORTH OF THE SOUTHEAST CORNER Of THE SOUTHWEST QUARTER. OF THE NORTHEAST QUARTER Of SAID SECTION 9: THENCE NORTH 89 DEGREES 41'31' WEST, OEPAR7- ING SAID WEST LINE. AND ALONG SAID SOUTH HAMMOND LINE. AND ALONG THE SOUTH LINE Oi THE LANDS DESCRIBED IN SAID OFFICIAL RE~ CORD BOOK 1306. PAGE 1080, A DISTANCE OF 15.00 FEET TO A POINT ON THE WEST RIGHT•OFWAV LINE OF CITRUS BOULEVARD IA 30 FOOT WIDE RIGHT-OF-WAV AS NOW LAID OUT AND IN USE) ANO THE POINT OF BE- GINNING; THENCE CONTINUE NORTH 89 DEGREES al'71' WEST. DEPART- ING SAID WEST RIGHT-OF-WAy LINE. AND ALONG SAID SOUTH LINES. A DISTANCE OF 1,608.x1 FEET; THENCE NORTH 02 DEGREES 12'00" WE57, DEPAiiTING SAID SOUTH LINES, A DISTANCE OF aa3.2 FEET 70 A POINT ON THE COMMON BOUNDAFIV LINE BETWEEN THE LANDS DESCRIBED IN SAID OFfIC1Al RECORD BOOK 1306, PAGE 1080. AND THE LANDS AS DE- SCRIBED IN OFFICIAL RECORD HOOK 688. PAGE 1599, PUBLIC RECORDS WAV LINE. A DISTANCE OF 455.92 FEET TO THE POINT O SAID PARCEL CONTAINING 16.70 ACRES. MORE OR LESS. SUBJECT TO: AN EASEMENT 25 FEET IN WIDTH OVER THE SOUTH 25 FEET OF THE ABOVE DESCRIBED PROPERTY, WHICH EASEMENT WAS CREATED AND IS DESCRIBED IN THAT DEED RECORDED IN O.R. BOOK 1655. PAGE 1793, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA location. Wasl side of Cirruc Avenua. apprpximamly 1,100 feat south of Mal lard Dou(1 (North Fork Eblatasl. PHIL~AM INVESTORS, INC., for a Change in Zoning hom the I Ilnslitutionall Zomng Dmnd to lne CG ICommeroal. Genevan Zomng Disvir„ rot Ine fol lowing describes pmuerry. THE EAST 164 FEET OF THE FOLLOWING FROM THE SOUTH 1/0 CORNER OF SECTION 34, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY. FLOflIDq RUN WEST a9a.31 FEET TO THE EAST LINE OF THE WEST 1/a OF THE SOUTHEgST l/a OF THE SOUTH EAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 34; THENCE RUN N.00 DEGREES 55'Sa'E, A DISTANCE OF 30 FEET TO THE POINT OF BEGIN- NING: THENCE CONTINUE N.00 DEGREES 55'56'E, A DISTANCE OF 637.19 FEET: THENCE RUN N.B9 DEGREES a7'15'W, A DISTANCE OF 16 6.00 FEET; THENCE RUN 5.00 DEGREES 55'65"W, A DISTANCE OF 637.89 FEET TO THE NORTH RIGHT OF WAV Of WEATHERBEE ROAD; THENCE RUN EAST 161.00 FEET TO TILE POINT OF BEGINNING. Loudon: Norm side of Weatherbee Road, approximately 500 leer west or South U.S. Highway No. t. JAMES T. LONG, for a Charge in Zoning from the RS-0 (Resitlential, Single Family • a tlu/acre) Zoningg Distrin to the PUO (Planned Unil Oavelopmenl - Oakland Eslales) Zoning Diatrin Igr the lollowmg descnbatl propenY THE EAST 1/4 OF THE SOUTHEAST V4 OF THE SOUTHEAST 7/0 OF SECTION t1, TOWNSHIP 3a SOUTH, RANGE 39 EAST, AS RECORDED IN THE PUBLIC RECORDS Of ST. LUCIE COUNTY SAID PARCEL CONTAINS 20.59 ACRES MORE OR LESS. THAT PART OF THE EAST 1/2 OF THE SOUTH EAST va OF SECTION t 1. TOWNSHIP >4 SOUTH, RANGE 39 EAST, AS RECORDED IN THE PUBLIC RE CORDS OF ST. LUCIE COUNTY, fLORIDA AND BEING MORE PARTICULAR- LY DESCRIBED AS COMMENCING AT THE SOUTH EAST CORNER OF THE SOUTH EAST t/a OF SOUTH EAST va THENCE RUN N DO DE GREFS 38~59'w ALONG THE EAST LINE OF SOUTH EAST 1.4 OF SOUTH EAST tl4 A DISTANCE OF 35.00 FEET TO 7ME POINT OF BEGINNING, THENCE RUN S B9 DEGREES 79'00"w AND PARALLEL TO THE SOUTH LINE OF SAID SOUTH EAST Va OF SOUTH EAST I/a A DISTANCE OF 666.16 FEET; THENCE RUN N 00 DEGREES d3' 37"W A DISTANCE Of 1261.29 FEET TO A POINT 35.00 FEET SOUTH OF THE NORTH LINE OF SAID SOUTH EAST 1/4 OF SOUTH EAST 1I4; THENCE RUN N 89 DEGREES 22'a8'E A DISTANCE OF 667.85 FEET TO THE EAST LINE OF SAID SOUTH EAST li0 OF SOUTH EAST iN; THENCE RUNS 00 DEGREES 38'39" W A DISTANCE OF Rfi3.82 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 18.06 ACRES MORE OR LESS Loeatron: NE corner of Hummingbird Way antl Palomar Drive ILakrwoud Parkl PUBLIC HEARINGS win ba Mid in me Camm~ssion CMmoers. Roger Poitras Annex, 3rd Floor. SI Lune County Atlminrstnuon Budtlmg, 2300 Virginia ~~ Avenue. Fort Rnca, Florida on July 15. 2006, heginNng at 7:00 P.M. or as soon 1Mraaher as possible. PURSUANT TO Section 286.0105. Florida Stnuus, it a person decides to ap- peal any decision maW by a Odertl. agency. or commission wnn respect to any mallet <pnaiWre0 al a meeting or Manng, ne will neetl a record of ins pproceedings. end tML for wch purposes. M may need to ensure shat a ver~ batim record o(1M prxwdings is made, which record includes IM tesnmo~ ny arW evidsrce upon which tM appeal is to be based. PLANNING AND ZONING COMMISSION r LOCAL PLANNING AGENCY ST. Ll1CIE COUNTY, FLORIDA 'S/ Carron McCurdy, CMirman aoARD of COUNTY COMMISSIONERS July 2, 2004 '~` COMMUNITY DEVELOPMENT D I RECTO R In accordance with the St. Lucie County Land Development Code, you are hereby advised that JOSEPH K. LOPEZ, has petitioned St. Lucie County for Conditional Use Permit to allow for the operation of a landscaping and lawn maintenance facility in the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District for the following described property: Location: East side of Selvitz Road, approximately 2,700 feet north of the intersection of ivtidway Road and Selvitz Road. THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The first public hearing on the petition will be held at 7:00 P.M., or as soon thereafter as possible, on July I5, 2004, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons wilt be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Planning and Zoning Commission at least 3 days prior to a scheduled hearing. County policy discourages communication with individual Planning and Zoning Commission and County Commission on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the Planning and Zoning Commission are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to adate-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) Ir~urs 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: CU-03-012. Sincerely, ST~LUCIE COUNT PLANNING AND ZOMNG COMMISSION Carson McCurdy, ai: man JOHN D. DRUHN, Disrricr No. 1 DOUG COWARD, Disrricr No. 2 PAULA A. LEWIS, District No. ~ FRANNIE HUTCHINSON, District No. 4 CLIFF DARNES, Disrricr No. 5 County Adminisrroror - Douglos M. Anderson 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Administrotion: (772) 462-1590 Plonning: (772) 462-2822 GIS/Technicol Services: (772) 462-1553 Economic Development: (772) 462-1550 Fox: (772) 462-1581 Tourist/Convention: (772) 462-1529 Fax: (772) 462-2132 www.co.st-lucie.fl.us f' O O O ~ v i ~ ~ M i ~ ~ op DO 00 a ~ ~ ~ , '. N '. M M M ++' ' '' N ' ' ra ra r.~ ~..~ v~ wwww o i' o ~; N „' ~' ~. ~ aaa.a. ~' ~~xx U ; w° w°O w° w° Ctii L~ A~ LY. : O O ' O ~ G G C C ~ A A Q A 'b' ~ ~_~ ~ 'fl o0 00 00 00 Q: M M M M `~O++ G ' 'z E z ~ ~ U ~ ~ c~ v c c z Q a ~ w .c z w .°> ~ ra ra r.1 eC c7 c0 cC ~ • z ¢¢¢~ V L o° C a a o V ~~ p V r"j ~ ~ N .r ~„~ M ~ ~ . .C .C .L .~ Hy N h h y „v aw '~'' i `f•' M ~ ~ ~ °~ FQ ^^~--~* ~a ' A ~ g; 3 ~ 0 o a (~ a o ~ v^ 0000 '~ °~+ oo°o°o «Q o'~ oo ;~ 'L7 6 i ... p O O.O O ~j ~ 'L+ ~ A ~ d ~t ~ M M M M a V ~. 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M Q ~..r~ Agenda Request Item Number: '/~ ~. Meeting Date: Aug 17, 2004 Consent [ ] Regular [ ] Public Hearing [ X ] Leg. [ ] Quasi-JD [ X ] To: Board of County Commissioners Presented B Submitted By: ~ Growth Management ,~ ~ ` ~„~ Interim Growth Management Dir. SUBJECT: Consider Draft Resolution 04-095, approving the request of Ocean Fours Development Corporation, for a change in zoning from the AR-1 (Agricultural Residential - 1 du/acre) zoning district to the PUD (Planned Unit Development) zoning district and Preliminary and Final Planned Unit Development (PUD) approval fora 23-lot single-family residential project to be known as Lone Pine, for property located on the west side of Citrus Avenue, approximately 1,116 feet south of Mallard Court (North Fork Estates entrance). (File No.: RZ-03-047, PUD-03-030) BACKGROUND: Ocean Fours Development Corporation, the developer of Lone Pine is requesting a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) zoning district to the PUD (Planned Unit Development) Zoning District and Preliminary and Final PUD approval for the construction of a 23-lot single-family residential project on a 16.7-acre parcel of land to be known as Lone Pine. The proposed Preliminary and Final Development Plan is consistent with the existing and proposed land uses and development patterns in the area. FUNDS AVAILABLE: N/A PREVIOUS ACTION: At the July 15, 2004 public hearing, the Planning and Zoning Commission forwarded the petition with a recommendation of denial by a vote of 7-0, with two members absent (Mr. McCurdy and Mr. Merritt). RECOMMENDATION: Staff recommends approval of Draft Resolution 04-095 approving the petitioner's request for change in zoning from the AR-1 (Agricultural, Residential - 1 du/acre) zoning district to the PUD (Planned Unit Development) zoning district and Preliminary and Final PUD approval fora 23-lot single-family residential project to be known as Lone Pine, subject to the limiting conditions contained therein. COMMISSION ACTION: APPROVED OTHER Approved 4-1 Comm. Barnes - No) DENIED /County Attorney l~f ~~. Mgt. & Budget: Purchasing: Finance.: Fire Dept: Public Works: a/ Environ. Resources: i~~~` Utility: Other: Road & Bridge (Traffic): CO RRENCE: ouglas M. Anderson County Administrator ~C ordination/ Signatures Cca- ~., _ `rnl~ BOARD OF COUNTY COMMISSION REVIEW: 8/17/04 File Number: PUD-03-030 and RZ-03-047 ~ GROWTH MANAGEMENT DEPARTMENT • Planning Division • ~ MEMORANDUM TO: Board of County Commissioners FROM: Interim Growth Management Director DATE: August 10, 2004 SUBJECT: Application of Ocean Four Development Corporation, for Preliminary and Final Planned Unit Development approval for the project known as Lone Pine Subdivision and a Change in Zoning from the AR-1 (Agricultural, Residential- 1 du/acre) Zoning District to the PUD (Planned Unit Development) Zoning District. LOCATION: West side of Citrus Avenue, between Midway Road and Saeger Avenue, approximately 1,116 feet south of Mallard Court (North Fork Estates entrance) ZONING DESIGNATION: AR-1 (Agricultural Residential - 1 du/acre) PROPOSED ZONING: PUD (Planned Unit Development) LAND USE DESIGNATION: RS (Residential Suburban) PARCEL SIZE: 16.7 acres PROPOSED USE: 23-unit single-family residential subdivision (density of 1.38 du/acre) SURROUNDING ZONING: AR-1 (Agricultural, Residential -1 du/acre) to the north, south, east and west. SURROUNDING LAND USES: RS (Residential Suburban) to the north, south and west and RU (Residential Urban) to the east. To the north is pasture land; to the south are single family residences; to the west is land purchased by the County through the Environmental Lands program and to the east is an orange grove. FIRE/EMS PROTECTION: Station #6 (350 E. Midway Road), is Located approximately 3.5 miles to the northeast. ~° August 10, 2004 Page 2 Petition: Lone Pine PUD File: PUD-03-030 and RZ-03-047 UTILITY SERVICE: Fort Pierce Utility Authority will provide water to the subject property and sewer will be through an onsite septic system. The water lines and meter to service this site have already been installed. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: Citrus Avenue has aright-of-way of 30 feet. As part of the site plan approval process, an additional 15 feet of right-of-way along the west side of Citrus Avenue is required to be dedicated to the county. Until such time as the County obtains right-of-way from other property owners, no improvements can be made to Citrus Avenue. 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 a preliminary and final PUD (Planned Unit Development) approval for the entire 16.7-acre tract of land. The proposed rezoning has been determined to not be in conflict with any applicable provision of the St. Lucie County Land Development Code. According to Section 7.01.01 of the LDC, the purpose of the Planned Unit Development (PUD) zoning district is to achieve residential land development of superior quality through the encouragement of flexibility and creativity in design options that: A. Permit creative approaches to the development of residential land reflecting changes in the technology of land development; The applicant's proposed design includes moving the subdivision layout to the east in order to preserve the western-most portion of the site. The applicant's proposed site design has kept all lot lines and roadways outside of the 100-year floodplain. In August 10, 2004 Page 3 Petition: Lone Pine PUD File: PUD-03-030 and RZ-03-047 addition, the applicant's proposed design has incorporated the existing land features and vegetation in order to preserve environmentally sensitive areas onsite. The applicant's site design exceeds the minimum tree preservation requirements of the St. Lucie County Land Development Code. The applicant has indicated that a deed restriction will be placed on the individual lots for this subdivision that will require the individual lots to satisfy the tree preservation requirements of the St. Lucie County Land Development Code. As such, staff is recommending that this be a condition of approval. Of the 16.7 acre site, a total of 5.84 acres is required to be preserved in order to meet the minimum 35% open space requirement of the St. Lucie County Land Development Code. The applicant has met the 35% open space requirement through the preservation of 4.39 acres of open space, 0.61-acre of lake, 0.49 acre of wetland and upland buffer and 0.37 acre of native habitat credit. 8. Allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; The project is designed with a central roadway system through the center of the site with one central access point for entrance and exit. The access point into the project is located on Citrus Avenue. The closest county arterial roadway to the proposed connection is Midway Road to the north. Based upon a review of the Institute of Transportation Engineers (ITE) Trip Generation Manual, 6`h Edition, the estimated vehicle trips generated as a result of this development will be approximately 230 trips, based upon the 23 units of single-family detached housing. Citrus Avenue is a substandard County roadway that has one-lane of paved surface. In order to provide for the future expansion of the roadway surface, an additional 30- feet of right-of-way along Citrus Avenue, between Midway Road and Saeger Avenue, is required to be obtained by the County. As part of the site plan review process, the applicant agreed to dedicate 15 feet of right-of-way adjacent to Citrus Avenue for these future roadway improvements. Until such time as the County obtains the necessary right-of-way from properties to the north and south for Citrus Avenue, the roadway facility cannot be expanded. The St. Lucie County Spring 2003 Traffic Counts does not include Citrus Avenue within its current counts. On July 15, 2004 -July 17, 2004, for 48 hours the County conducted a traffic count for Citrus Avenue, south of Country Garden Lane. The results of this count indicated approximately 1,800 trips per day, south of Country Garden Lane. According to the County Road and Bridge Manager, sufficient capacity is available on Citrus Avenue to meet the additional demands of the proposed project. The St. Lucie County Spring 2003 Traffic Counts do include the connecting link of Midway Road. Midway Road, in the vicinity of the Citrus Avenue Connection, has a current level-of-service "B" for the roadway link west of Oleander Avenue. Further, this link currently accommodates 18,100 trips, plus an additional 1,681 committed August 10, 2004 Page 4 `~w~ Petition: Lone Pine PUD File: PUD-03-030 and RZ-03-047 trips for a total of 19,781 trips. The total capacity for this roadway link is 33,200 trips. Therefore, there is a remaining capacity of 13,419 trips, of which this project will require 230 trips. This assumption is based upon all traffic going to the north to Midway Road. Based upon this assumption, there is sufficient capacity within the vicinity of the site to accommodate the proposed project without significant degradation to the level of service. At this time, no offsite roadway improvements are required as a result of the proposed development. The Fort Pierce Utility Authority will be providing water to the subject property. The applicant and staff received confirmation from FPUA that the installation of the municipal lines to this segment for the proposed project has been completed and there is a meter in place for this project. Sewer services will be obtained through the use of septic systems. The St. Lucie County Health Department will permit 10,000 square foot lots to utilize a septic system if a municipal water source is utilized. C. Allow design options that encourage an environment of stable character, compatible with surrounding land uses; and, The proposed project is compatible with the character of the area and with the surrounding land uses. The subject property is located within the general vicinity of White City. While, White City does possess unique character and is based upon a historical plat. To date, no actual historical designation has been granted for this area. The development character that has occurred within the White City area is low-density residential in the outlying areas and commercial support uses along the Midway Road corridor, east of South 25th Street. The surrounding land uses within this area are consistent with the proposed project. The property located to the north and east are currently being utilized as pastureland and groves, to the west is vacant preserved land that is located within the floodway and to the south are single-family residential lots. Further to the north is the Northfork Estates subdivision; this subdivision was approved at a density of 3 du/acre which is higher than the requested 1.38 du/acre. The proposed project, as a low intensity single-family development, is consistent with the existing residential units along Citrus Avenue, south of Midway Road. The property to the north, if developed, could be designed as a residential development, with a potential maximum density of 2 du/acre, as permitted underthe RS (Residential Suburban) Future Land Use Designation. The current citrus grove to the east, if developed, could be designed as a residential development, with the potential maximum density of 5 du/acre, as permitted within the RU (Residential Urban) Future Land Use designation. D. Permit the enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities and the provision of recreation and open space. The applicant's proposed design includes moving the subdivision layout to the east in order to preserve the western-most portion of the site. The applicant's proposed August 10, 2004 Page 5 Petition: Lone Pine PUD File: PUD-03-030 and RZ-03-047 site design has kept all lot lines and roadways outside of the 100-year floodplain. In addition, the applicant's proposed design has incorporated the existing land features and vegetation in order to preserve environmentally sensitive areas onsite. The applicant's site design exceeds the minimum tree preservation requirements of the St. Lucie County Land Development Code. The subject property contains 160 inches of trees within the right-of-way and easements and 1,146 inches of trees within the individual lots; therefore, 2,612 inches of trees must be mitigated. The site design preserves 2,785 inches of trees. In addition, 103 inches of native trees will be planted on the site. The applicant has also indicated that 195 native palm trees will be removed, 76 native palm trees will be preserved and 108 native palm trees will be relocated on the site. The applicant has indicated that a deed restriction will be placed on the individual lots for this subdivision that will require the individual lots to satisfy the tree preservation requirements of the St. Lucie County Land Development Code. As such, staff is recommending that this be a condition of approval. The proposed project site contains two wetlands (0.24-acre wetland along the western property line and a 0.04-acre wetland located within the northeastern portion of the site). The proposed project will preserve the larger 0.24-acre wetland and mitigate for the removal of the 0.04-acre wetland. The total onsite mitigation will be 0.48 acre and include enhancement of wet prairie wetlands and transitional wet prairie wetlands. Maintenance activities will include treatment and removal of all exotic and nuisance vegetation. Monitoring will take place over a 5-year period from the conclusion of all initial maintenance activities and any necessary planting activities. The site contains a large stand of Brazilian Pepper located along the easternmost property line. As part of the site design, this exotic vegetation is proposed for removal. The applicant has incorporated the lake/stormwater feature within this disturbed area. Overall, 5.86 acres (35.09%) of the total site has been set aside as open space, which includes 4.39 acres of open space, 0.61-acres of lake, 0.49- acres of wetland and upland buffer areas and 0.37-acres of native habitat credit. Based upon the Land Development Code requiring 15% of native species to be preserved, 0.04-acres is required for the site. The site design incorporates the preservation of 0.29-acres of native habitat onsite. Anything over the 0.04-acres required is eligible to receive credit at a ratio of 1.5% toward the 35% common open space requirement. In addition, the site design incorporates a number of existing trees within the open space areas. As part of the site plan process, the developers and staff worked together to redesign the site to preserve onsite vegetation in its natural state and to locate the lot lines in a manner that establishes the buildable area away from the existing trees. 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. August 10, 2004 Page 6 Petition: Lone Pine PUD File: PUD-03-030 and RZ-03-047 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The applicant has demonstrated that the proposed PUD (Planned Unit Development) amendment is consistent with all elements of the St. Lucie County Comprehensive Plan. Policy 1.1.1.1 allows for residential development within the RS (Residential Suburban) Future Land Use classification at a maximum of 2 du/acre. The proposed project has been designed with a density of 1.62 du/acre, which is consistent with the existing Future Land Use designation. Policy 1.1.4.2 requires that new development be designed and planned in a manner, which does not place an unanticipated economic burden upon the services and facilities of St. Lucie County. The subject property is located in the Fort Pierce Utility Authority'sdesigmted service area. FPUA has provided the County with verification that sufficient capacity is available to meet the water demands of the project. FPUA has also completed installation of that portion of the required wafer line and installed a meter for the proposed project. The subject property will be provided sewer through the use of individual septic systems on each lot. Citrus Avenue is a substandard County roadway that has one-lane of paved surface. In order to provide for expansion of the roadway sun`ace, an additional 30-feet of right-of--way along Citrus Avenue, between Midway Road and SaegerAvenue, is required to be obtained by the County. As part of the site plan review process, the applicant agreed to dedicate 15 feet of right-of--way adjacent to Citrus Avenue for these future roadway improvements. The St. Lucie County Spring 2003 Traffic Counts does not include Citrus Avenue within its current counts. On July 15, 2004 -July 17, 2004, for 48 hours the County conducted a traffic count for Citrus Avenue, south of Country Garden Lane. The results of this count indicated approximately 1,800 trips per day, south of Country Garden Lane. According to the County Road and Bridge Manager, sufficient capacity is available on Citrus Avenue to meet the additional demands of the proposed project. Policy 1.1.4.3 requires that the County encourage the use of cluster housing and planned unit developments to conserve open space and environmentally sensitive areas. The proposed project contains 0.29-acre of wetland of which 0.24-acre is being preserved onsite. Of the total 16.7-acre land tract, the project design includes 5.86 acres (35.09%) as open space, which is consistent with the required 35 % or 5.84 acres of open space for this site. In addition, through micro-siting the lot lines for the proposed subdivision, the developer has created the ability to preserve a number of trees onsite. Objective 8.1.4.6 requires that wetlands be protected and maintained through reduced paving, conservation easements, cluster site planning and the micro-siting of buildings. The proposed site design was created in a manner that minimizes impacfs to the existing 0.24- acre wetland located along the western perimeter of the property. This wetland will tie into the larger prairie system owned by the County to the west. The subject property also contains a 0.04-acre wef/and which has been proposed for removal. The applicant proposes to mitigate for the loss of this wetland through the enhancement of the existing wet prairie ~/ August 10, 2004 Page 7 Petition: Lone Pine PUD File: PUD-03-030 and RZ-03-047 and transitional wet prairie wetlands found on site. The lots were micro-sited in a manner that not only protects the wetland but also protects existing native vegetation on the site. 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 are consistent with the existing and proposed uses within the area. The property located to the north of the subject property is currently utilized as pasture land. Further, to the north is the Northfork Estates subdivision which was developed at an intensity of 3 du/acre. The property located to the east is currently being utilized as an active, producing grove. The property to the south was previously subdivided into individual residential home sites and the County, through the Enviromental lands program, purchased the property to the west. The property to the north, if developed, could be designed as a residential development, with a potential maximum density of 2 du/acre, as permitted under the RS (Residential Suburban) Future Land Use Designation. The current citrus grove to the east, if developed, could be designed as a residential development, with the potential maximum density of 5 du/acre, as permitted within the RU (Residential Urban) Future Land Use designation. The proposed low-density single-family residential project is considered to be consistent with the existing and proposed land uses within the area. 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 23-lot single-family residential subdivision resulting in minimal demands on public facilities. Citrus Avenue is a substandard County roadway that has one-lane of paved surface. In order to provide for the future expansion of the roadway surface, an additional 30-feet of right-of-way along Citrus Avenue, between Midway Road and Saeger Avenue, is required to be obtained by the County. As part of the site plan review process, the applicant agreed to dedicate 15 feet of right-of-way adjacent to Citrus Avenue for these future roadway improvements. Until such time as the County obtains the necessary right-of-way from properties to the north and south for Citrus Avenue, the roadway facility cannot be expanded. The St. Lucie County Spring 2003 Traffic Counts does not include Citrus Avenue within its current counts. On July 15, 2004 -July 17, 2004, for 48 hours the County conducted a ~Ir/ August 10, 2004 Page 8 Petition: Lone Pine PUD File: PUD-03-030 and RZ-03-047 traffic count for Citrus Avenue, south of Country Garden Lane. The results of this count indicated approximately 1,800 trips per day, south of Country Garden Lane. According to the County Road and Bridge Manager, sufficient capacity is available on Citrus Avenue to meet the additional demands of the proposed project. The St. Lucie County Spring 2003 Traffic Counts do include the connecting link of Midway Road. Midway Road, in the vicinity of the Citrus Avenue Connection, has a current level-of- service "B" for the roadway link west of Oleander Avenue. Further, this link currently accommodates 18,100 trips, plus an additional 1,681 committed trips for a total of 19,781 trips. The total capacity for this roadway link is 33,200 trips. Therefore, there is a remaining capacity of 13,419 trips, of which this project will require 230 trips. This assumption is based upon all traffic going to the north to Midway Road. Based upon this assumption, there is sufficient capacity within the vicinity of the site to accommodate the proposed project without significant degradation to the level of service. At this time, no offsite roadway improvements are required as a result of the proposed development. The Fort Pierce Utility Authority will be providing water to the subject property. The applicant and staff have received confirmation from FPUA that the installation of the municipal lines to this segment for the proposed project has been completed and there is a meter in place for this project. Sewer services will be provided through the use of septic systems. The St. Lucie County Health Department will permit 10,000 square foot lots to utilize a septic system if a municipal water source is utilized. The Lone Pines PUD will be served by adequate school facilities. A 23-unit single-family subdivision is expected to generate 8 (.36 students per unit) new students. The Lone Pines PUD is located in School Choice Zone 2. Student assignments from this community will be made consistent with applicable St. Lucie County Board of Education standards and regulations. The Lone Pine PUD will be subject to the County's Educational Impact Fee Ordinance. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The applicant's proposed design includes moving the subdivision layout to the east in order to preserve the western-most portion of the site. The applicant's proposed site design has kept all lot lines and roadways outside of the 100-year floodplain. In addition, the applicant's proposed design has incorporated the existing land features and vegetation in order to preserve environmentally sensitive area onsite. The applicant's site design exceeds the minimum tree preservation requirements of the St. Lucie County Land Development Code. The subject property contains 160 inches of trees within the right-of-way and easements and 1,146 inches of trees within the individual lots, therefore, 2,612 inches of trees must be mitigated. The site design preserves 2,785 inches of trees in addition 103 inches of native trees will be planted on the site. The applicant has also indicated that 195 native palm trees will be removed, 76 native palm trees will be preserved and 108 native palm trees will be relocated on the site. The applicant has indicated that a deed restriction will be placed on the individual lots for this subdivision that will require the individual lots to satisfy the tree preservation requirements of the St. Lucie August 10, 2004 Petition: Lone Pine PUD Page 9 File: PUD-03-030 and RZ-03-047 County Land Development Code. As such, staff is recommending that this be a condition of approval. The proposed project site contains two wetlands (0.24-acre wetland along the western property line and a 0.04-acre wetland located within the northeastern portion of the site). The proposed project will preserve the larger 0.24-acre wetland and mitigate for the removal of the 0.04-acre wetland. The total onsite mitigation will be 0.48 acre and include enhancement of wet prairie wetlands and transitional wet prairie wetlands. Maintenance activities will include treatment and removal of all exotic and nuisance vegetation. Monitoring will take place over a 5-year period from the conclusion of all initial maintenance activities and any necessary planting activities. The site contains a large stand of Brazilian Pepper located along the easternmost property line. As part of the site design, the exotic vegetation must be removed. The applicant has incorporated the lake feature within this disturbed area. Overall, 5.86 acres of the site (35.09%) of the total site has been set aside as open space, which includes 4.39 acres of open space, 0.61-acres of lake, 0.49-acres of wetland and upland buffer areas and 0.37- acres of native habitat credit. Based upon the Land Development Code requiring 15% of native species to be preserved, 0.04-acres is required for the site. The site design incorporates the preservation of 0.29-acres of native habitat onsite. Anything over the 0.04- acres required is eligible to receive credit at a ratio of 1.5% toward the 35% common open space requirement. In addition, the site design incorporates a number of existing trees within the open space areas. As part of the site plan process, the developers and staff worked together to redesign the site to preserve onsite vegetation in its natural state and to locate the lot lines in a manner that establishes the buildable area away from the existing trees. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; The subject site is designated with a RS (Residential Suburban) Future Land Use Map designation, which permits the development of a Planned Unit Development, with a maximum density of 2 du/acre. The applicant's request is fora 23-lot single-family residential development, developed at a density of 1.38 du/acre. The property to the north, south and east are designated for residential development. To the west are lands purchased by St. Lucie County through the Environmental Lands program. The property to the north, if developed, could be designed as a residential development, with a potential maximum density of 2 du/acre, as permitted underthe RS (Residential Suburban) Future Land Use Designation. The current citrus grove to the east, if developed, could be designed as a residential development, with the potential maximum density of 5 du/acre, as permitted within the RU (Residential Urban) Future Land Use designation. The proposed low-density single-family residential development is consistent with the surrounding area. With the development of this Planned Unit Development (PUD) the general character of the surrounding properties will not change from the existing residential August 10, 2004 Page 10 character. 'ti/ Petition: Lone Pine PUD File: PUD-03-030 and RZ-03-047 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, Oceans Four Development Corporation, is seeking approval for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) zoning district to the PUD (Planned Unit Development) zoning district and Preliminary and Final PUD (Planned Unit Development) approval for the Lone Pine PUD Site Plan to permit the construction of a 23-lot single-family residential development on a 16.7-acre parcel of land located on the west side of Citrus Avenue, approximately 1,116 feet south of Mallard Court (North Fork Estates entrance). At the July 15, 2004 public hearing, the Planning and Zoning Commission recommended, by a 7-0 vote (with two members absent Mr. Merritt and Mr. McCurdy), that this petition be forwarded to the Board of County Commissioners with a recommendation of denial. Since the July 15, 2004 public hearing, the applicant met with the White City Improvement District. The White City Improvement District requested that the site plan be modified to incorporate a minimum of 90 foot lots within the development. The applicant has redesigned the project to incorporate a minimum of 100 foot lots which exceeds that requested by the White City Improvement District. As a result, the applicant reduced the project by 4 lots, from 27 single-family lots down to 23 single-family lots. Staff has determined that the proposed zoning designation and the Preliminary and Final Planned Unit Development Plan is compatible with the existing and proposed uses in the area. This petition meets the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff is recommending approval of draft Resolution 04-095, subject to the following conditions: 1. Prior to issuance of a building permit for the first residential unit, the developers shall, in a manner acceptable to the St. Lucie County Attorney, dedicate to the County a minimum 15- foot wide strip of land along the entire project frontage along Citrus Avenue. 2. Prior to issuance of a building permit for the first residential unit, the developers shall provide for the creation/establishment of a Conservation Easement over all areas of protected upland/wetland preservation as shown on the project site plan. This conservation easement shall be in favor of St. Lucie County. No alterations of land within these areas may take place without the prior consent of the County and determination by the County that the proposed activity is not in violation of any provision of the County's Comprehensive Plan or development standards of the County's Land Development Code. ~,,,. August 10, 2004 Page 11 Petition: Lone Pine PUD File: PUD-03-030 and RZ-03-047 3. Prior to issuance of a building permit for the first residential unit, the applicant shall be required to submit to the County a final tree mitigation plan that indicates the location of all trees preserved and relocated and details the number of inches of trees removed. If the mitigation credit does not exceed the tree mitigation criteria, the applicant will be required to provide a means for satisfying the remainder of the tree mitigation criteria, in accordance with the allowable mitigation options outlined in the St. Lucie County Land Development Code. 4. Prior to issuance of a building permit for the first residential unit, the developers shall provide St. Lucie County with a management plan for all areas of protected upland/wetland preservation areas as shown on the project site plan that are to be covered through the creation/establishment of a Conservation Easement over all areas. Upon the developer turning all common areas over to the Home Owners Association/Property Owners Association (HOA/POA) for the Lone Pine Subdivision, it shall be the responsibility of the HOA/POA to maintain said conservation areas as prescribed within the management plan. 5. The applicant shall be required to submit to St. Lucie County an annual monitoring report demonstrating compliance with the aforementioned conditions. The requirement for this report shall begin on the anniversary date of commencement of construction and shall continue until that date, two (2) years after the completion of the development. 6. Prior to the issuance of any Land Clearing Permits for the Lone Pine PUD Site, the developers shall clearly delineate all areas to be preserved and/or protected. Delineation shall be by either the placing of silt 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. Upon installation of said fencing and prior to issuance of the land- clearing permit, the Environmental Resource Division shall inspect the installed fencing. 7. The driveway locations shall be located in the areas depicted on the site plan, no alterations may be permitted without a modification to the PUD plan being reviewed and approved by the Board of County Commissioners. Please contact this office if you have any questions on this matter. Attachment cs Projects/Lone Pine/bcc/lonepine.staff_rpt.doc cc: Thomas Lucido & Associates Ocean Four Development Corporation County Administrator County Attorney Public Works Director Environmental Resource Manager 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ~/ RESOLUTION 04-095 FILE NO.: RZ-03-047 &PUD-03-030 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 LONE PINE. 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. Ocean Four Development Corporation presented a petition for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) to PUD (Planned Unit Development) for certain property in St. Lucie County, Florida, the purpose of which is to receive Preliminary and Final Planned Unit Development approval for an 23-lot single-family residential development. 2. On July 15, 2004, the Planning and Zoning Commission held a public hearing on the petition of Ocean Four Development Corporation 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 500 feet of the property boundaries and recommended denial of petitioner's request. 3. On August 17, 2004, this Board held a public hearing on the petition of Ocean Four Development Corporation 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 500 feet of .the property boundaries. 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. Ocean Four Development Corporation presented a petition for a Preliminary and Final Planned Unit Development Plan fora 23-lot single-family residential project known as Lone Pine. File No.: RZ-03-047 and PUD-03-030 Resolution 04-095 August 17, 2004 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 6. On July 15, 2004, the Planning and Zoning Commission held a public hearing on the petition of Ocean Four Development Corporation after publishing a notice of such hearing in the Tribune and the Port St. Lucie News and notifying by mail all property owners within 500 feet of the property boundaries and recommended that the petition be denied. 7. The petitioner, Ocean Four Development Corporation, is now seeking Preliminary and Final Planned Unit Development fora 23-lot single-family residential project known as Lone Pine. 8. On August 17, 2004, this Board held a public hearing on the petition of Ocean Four Development Corporation for Preliminary and Final Planned Unit Development approval for Lone Pine after publishing a notice of such hearing in the Tribune and notifying by mail all property owners within 500 feet of the subject property. 9. The Development Review Committee has reviewed the Preliminary and 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 E of this Resolution. 10. 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. 11. 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. 12. 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. 13. 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. 14. The proposed project will be served by water by the Fort Pierce Utility Authority and sewer through individual septic systems. 15. The applicant has demonstrated that water supply; evacuation facilities and emergency access are satisfactory to provide adequate fire protection. 16. A Certificate of Capacity, a copy of which is attached to this Resolution, was granted by the Interim Growth Management Director on August 17, 2004. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: File No.: RZ-03-047 and PUD-03-030 August 17, 2004 Resolution 04-095 Page 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 CHANGE IN ZONING A. The change in zoning from AR-1 (Agricultural Residential, 1 du/acre) to PUD (Planned Unit Development -Lone Pine) is hereby approved for the following described property: BEING A PARCEL OF LAND LYING OVER A PORTION OF TRACT "I", "J", "K" & "L" AS SHOWN ON THE PLAT SHOWING THE ADJUSTMENT OF PROPERTY LINES OF MOORE, HOEFLICH, BACHARACH, BRADY & HAMMOND, AS RECORDED IN PLAT BOOK 3, PAGE 64, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID PARCEL BEING A PORTION OF THE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 1306, PAGE 1080, LYING IN THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 36 SOUTH, RANGE 40 EAST; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 9; PROCEED SOUTH 89 DEGREES 45'09" WEST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9, A DISTANCE OF 1317.89 FEET TO A POINT ON THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTH 00 DEGREES 16'24" EAST, DEPARTING SAID NORTH LINE, AND ALONG SAID WEST LINE, A DISTANCE OF 2,639.34 FEET TO A POINT ON THE SOUTH HAMMOND LINE, AS SHOWN ON SAID PLAT OF ADJUSTMENT OF PROPERTY LINES, SAID POINT LYING 15.30 FEET MORE OR LESS NORTH OF THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER, OF THE NORTHEAST GIUARTER OF SAID SECTION 9; THENCE NORTH 89 DEGREES 41'31" WEST, DEPARTING SAID WEST LINE, AND ALONG SAID SOUTH HAMMOND LINE, AND ALONG THE SOUTH LINE OF THE LANDS DESCRIBED IN SAID OFFICIAL RECORD BOOK 1306, PAGE 1080, A DISTANCE OF 15.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF CITRUS BOULEVARD (A 30 FOOT WIDE RIGHT-OF-WAY AS NOW LAID OUT AND IN USE) AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89 DEGREES 41'31" WEST, DEPARTING SAID WEST RIGHT-OF-WAY LINE, AND ALONG SAID SOUTH LINES, A DISTANCE OF 1,608.41 FEET; THENCE NORTH 02 DEGREES 12'00" WEST, DEPARTING SAID SOUTH LINES, A DISTANCE OF 443.2 FEET TO A POINT ON THE COMMON BOUNDARY LINE BETWEEN THE LANDS DESCRIBED IN SAID OFFICIAL RECORD BOOK 1306, PAGE 1080, AND THE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 488, PAGE 1599, PUBLIC RECORDS OF SAID COUNTY; THE FOLLOWING THREE COURSES ARE ALONG SAID COMMON BOUNDARY LINE; THENCE SOUTH 89 DEGREES 41'31" EAST, A DISTANCE OF 116.75 FEET; THENCE NORTH 89 DEGREES 35'29" EAST, A DISTANCE OF 698.00 FEET; THENCE NORTH 89 DEGREES 59'59" EAST, A DISTANCE OF 808.50 FEET TO A POINT ON SAID WEST RIGHT-OF-WAY LINE OF CITRUS BOULEVARD; THENCE SOUTH 00 DEGREES 16'24" EAST, DEPARTING SAID COMMON LINES, AND ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 455.92 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 16.70 ACRES, MORE OR LESS. SUBJECT TO: File No.: RZ-03-047 and PUD-03-030 August 17, 2004 Resolution 04-095 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 '„' AN EASEMENT 25 FEET IN WIDTH OVER THE SOUTH 25 FEET OF THE ABOVE DESCRIBED PROPERTY, WHICH EASEMENT WAS CREATED AND IS DESCRIBED IN THAT DEED RECORDED IN O.R. BOOK 1655, PAGE 1793, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. Location: West side of Citrus Avenue, approximately 1,100 feet south of Mallard Court (North Fork Estates). Tax ID#: 3409-502-0008-000/1). B. 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 Interim Growth Management Director. SITE PLAN C. Pursuant to Section 11.02.05(6) of the St. Lucie County Land Development Code, the Preliminary and Final Site Plan for the project to be known as Lone Pine, is hereby, approved as shown on the site plan drawings for the project prepared by Thomas Lucido & Associates on November 19, 2003, last revised on May 17, 2004, and date stamped received by the St. Lucie County Interim Growth Management Director on July 22, 2004, subject to the following conditions: 1. Prior to issuance of a building permit for the first residential unit, the developers shall, in a manner acceptable to the St. Lucie County Attorney, dedicate to the County a minimum 15-foot wide strip of land along the entire project frontage along Citrus Avenue. 2. Prior to issuance of a building permit for the first residential unit, the developers shall provide for the creation/establishment of a Conservation Easement over all areas of protected upland/wetland preservation as shown on the project site plan. This conservation easement shall be in favor of St. Lucie County. No alterations of land within these areas may take place without the prior consent of the County and determination by the County that the proposed activity is not in violation of any provision of the County's Comprehensive Plan or development standards of the County's Land Development Code. 3. Prior to issuance of a building permit for the first residential unit, the applicant shall be required to submit to the County a final tree mitigation plan that indicates the location of all trees preserved and relocated and details the number of inches of trees removed. If the mitigation credit does not exceed the tree mitigation criteria, the applicant will be required to provide a means for satisfying the remainder of the tree mitigation criteria, in accordance with the allowable mitigation options outlined in the St. Lucie County Land Development Code. 4. Prior to issuance of a building permit for the first residential unit, the developers shall provide St. Lucie County with a management plan for all =ile No.: RZ-03-047 and PUD-03-030 Resolution 04-095 'august 17, 2004 Page 4 ~' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 areas of protected upland/wetland preservation areas as shown on the project site plan that are to be covered through the creation/establishment of a Conservation Easement over all areas. Upon the developer turning all common areas over to the HOA/POA for the Lone Pine Subdivision, it shall be the responsibility of the HOA/POA to maintain said conservation areas as prescribed within the management plan. 5. The applicant shall be required to submit to St. Lucie County an annual monitoring report demonstrating compliance with the aforementioned conditions. The requirement for this report shall begin on the anniversary date of commencement of construction and shall continue until that date, two (2) years after the completion of the development. 6. Prior to the issuance of any Land Clearing Permits for the Lone Pine PUD Site, the developers shall clearly delineate all areas to be preserved and/or protected. Delineation shall be by either the placing of silt 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. Upon installation of said fencing and prior to issuance of the Land Clearing Permit, the Environmental Resource Division shall inspect the installed fencing. 7. The driveway locations shall be located in the areas depicted on the site plan. No alterations may be permitted without a modification to the PUD plan being reviewed and approved by the Board of County Commissioners. D. The property on which this site plan approval is being granted is described in Part A. E. The approvals and authorizations granted by this Resolution for the purpose of obtaining building permits on this property, shall expire on August 17, 2006, unless the developer has obtained a building permit approval for the site plan described in Part C or an extension has been granted in accordance with Section 11.06.06(6)(3), St. Lucie County Land Development Code. F. A condition of the Final Planned Unit Development Site Plan/General Site Plan approval granted under this Resolution specifically requires that the petitioner, Ocean Four Development Corporation, including any successors in interest, obtain all necessary development permits and construction authorizations form the appropriate State and Federal regulatory authorities, including but not limited to; the United Stated Army Corp of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits or authorizations to commence development activities on the property described in Part A. G. 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 File No.: RZ-03-047 and PUD-03-030 Resolution 04-095 August 17, 2004 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 'rIM~' to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. H. 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 Interim Growth Management 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 17T" day of August 2004. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST APPROVED AS TO FORM AND CORRECTNESS Deputy Clerk Cs H:\projects\Lone Plne\BCC\Agenda\Resolution04095.doc File No.: RZ-03-047 and PUD-03-030 August 17, 2004 County Attorney Resolution 04-095 Page 6 SU~lEL'r YO PLA1~11~10~ ~ '"",~E~~ AGENDA ITEM 5: OCEAN FOURS DEVELOPMENT CORPORATION - FcLE~NO.~RZ~ ~~~,~~~~ 03-047 &PUD-03-030: Ms. Cyndi Snay, presenting Staff comments, stated that Agenda Item # 5 was the application of Ocean Fours Development Corporation, for Preliminary and Final Planned Unit Development approval fora 27-unit single-family residential subdivision to be known as Lone Pine Subdivision and a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the PUD (Planned Unit Development) Zoning District. The 16.7-acre parcel of land is located on the west side of Citrus Avenue, between Midway Road and Saeger Avenue, approximately 1,116 feet south of Mallard Court (North Fork Estates entrance). The subject property is designated with an RS (Residential Suburban) future land use designation that allows a maximum density of 2 du/acre. The proposed project is at a density of 1.69-units per acre. The project is designed with a central roadway system that loops throughout with one central access point for entrance and exit. The access point into the project is located on Citrus Avenue. The closest county arterial roadway to the proposed connection is Midway Road to the north. Based upon a review of the Institute of Transportation Engineers (ITE) Trip Generation Manual, 6~' Edition, the estimated vehicle trips generate as a result of this development will be 270 trips, based upon the 27 units of single-family detached housing. The St. Lucie County Spring 2003 Traffic County does not include Citrus Avenue within its current counts. However, the spring 2003 Traffic Counts includes the connecting link of Midway Road. Midway Road, in the vicinity of the Citrus Avenue Connection, has a current level-of- service "B" for the west of Oleander Avenue link. Further, this link serves 18,100 trips with a total of 1,681 of committed trips for a total of 19,781 trips. The total capacity for this roadway link is 33,200 trips. Therefore, there is a remaining capacity of 13,419 trips, of which this project will require 270 trips. This assumption is based upon all traffic is going to the north to Midway Road. Based upon this there is sufficient capacity within the vicinity of the site to accommodate the proposed project without significant degradation of the level of service. At this time, no offsite roadway improvements are required as a result of the proposed development. Citrus Avenue is a substandard county roadway that has one-lane of paved surface. In order to provide for expansion of the roadway surface an additional 30-feet of right-of-way along Citrus Avenue, between Midway Road and Saeger Avenue, is required to be obtained by the County. As part of the site plan review process, the applicant agreed to dedicate 15 feet of right-of-way adjacent to Citrus Avenue for these future roadway improvements. The Fort Pierce Utility Authority will be providing water to the project, sewer will be provided through septic systems. The applicant and staff received confirmation from FPUA that the installation of the municipal lines to this segment for the proposed project has been completed and there is a meter in place for this project. The internal design of the project will allow for a looped system, which should lower the development costs of the project. The proposed project is compatible with the character of the area and with the surrounding land uses. The property located to the north and east is being utilized as pastureland and groves, to the west is vacant land that is located within the floodway and to the south are single-family residential lots. Further to the north is the Northfork Estates subdivision; this subdivision was approved at a density of 3 du/acre which is higher than the requested 1.69 du/acre. The proposed project as a low intensity single-family development is consistent with the existing residential units along Citrus Avenue, south of Midway Road. P&Z / LPA Regular Meeting July 15, 2004 Page 20 of 25 u~Ficia~- SUBJECT TO PLAP! JNG & ZONING. The applicant's proposed design includes moving the subdivision layout to the~Q s~t~nsolde~r t~~R~y~~ preserve the western most portion of the site. The applicant's proposed site design has kept all lot lines and roadways outside of the 100-year floodplain. In addition, the applicant's proposed design has incorporated the existing land features in order to preserve environmentally sensitive area onsite. The applicant's site design meets the minimum tree preservation requirements of the St. Lucie County Land Development Code. In addition, to preserve additional trees on the site, the applicant has indicated that a deed restriction will be placed on the individual lots for this subdivision that will require the individual lots to satisfy the tree preservation requirements of the St. Lucie County Land Development Code. The proposed project site contains two wetlands (0.24-acre wetland along the western property line and a 0.04-acre wetland located within the northeastern portion of the site. The proposed project will preserve the larger 0.24-acre wetland and mitigate for the removal of the 0.04-acre wetland. The total onsite mitigation will be 0.48 acre and include enhancement of wet prairie wetlands and transitional wet prairie wetlands. Maintenance activities will include treatment and removal of all exotic and nuisance vegetation. Monitoring will take place over a 5-year period from the conclusion of all initial maintenance activities and any necessary planting activities. The site contains a large strand of Brazilian Pepper located along the easternmost property line. As part of the site design the exotic vegetation must be removed. The applicant has incorporated the stormwater lake feature within this disturbed area. Overall 5.86 acres of the site (35.09%) of the total site has been set aside as open space. In addition, the site design incorporates a number of existing trees within the open space areas. As part of the site plan process, the developers and staff worked together to redesign the site to preserve onsite vegetation within its natural state and to locate the lot lines in a manner which establishes the buildable area away from the existing trees. This proposed change in zoning and the accompanying Planned Unit Development site plan is consistent with the existing and proposed uses within the area. The property located to the north of the subject property is currently utilized as pasture land. Further, to the north is the Northfork Estates subdivision which was developed at an intensity of 3 dwelling units per acre. The property located to the east is currently being utilized as an active producing grove. The property to the south was previously subdivided into individual residential home sites and the county through the Environmental lands program purchased the property to the west. The proposed low- density single-family residential project is considered to be consistent with the existing and proposed land uses within the area. Staff has determined that the proposed zoning designation and the Preliminary and Final Planned Unit Development Plan is compatible with the existing and proposed uses in the area. This petition meets the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval subject to the conditions found in your report. Mr. Grande questioned if this applicant could have a grid development concept with the existing AR-1 (Agricultural, Residential - 1 du/acre) Zoning & RS (Residential Suburban) Land Use. Ms. Snay stated that this area was previously platted with a single property owner so they are considered non-conforming lots of record. Chairman Hearn stated that the current zoning on the property is AR-1 and questioned how they were calculating having 27 units. Ms. Snay explained P&Z / LPA Regular Meeting July 15, 2004 Page 21 of 25 ,,,~ UNOfFICIAL- SUBIECT TO PLANNING & ~O~pIVN GOl~I~tSS14N t~PPROVAI that the future land use allows for a density of 2 units per acre and since the parcel is 16.7 acres, and the request is for a PUD, the 27 units are allowed. Mr. Trias stated that he felt this plan was isolated with no connectivity and does not follow any large scale planning ideas. Chairman Hearn questioned if the applicant or their representative were present. Mr. Al Brodeur, Thomas Lucido and Associates, stated that he represented the applicant. He advised that the applicant wanted to save as many trees as possible on the property and shifted his entire project to the east to preserve the western area and use as open space. He also stated that the applicant wanted to maintain a rural feel as well as saving the trees. He stated that the project has cul-de- sacs because with the standards that needed to be met for roadways they would not be able to develop the property. He also stated that the applicant donated 15 feet on Citrus Avenue to help the County need their estimated 30 feet for road widening. Mr. Grande questioned that if FPUA was providing utilities for the project was the applicant required to sign an annexation agreement. Mr. Brodeur confirmed that the applicant was required to sign an agreement stating that once the City becomes contiguous they would be required to annex. Chairman Hearn opened the public hearing. Mr. Mike Long, a resident of White City, stated that they already have substandard roads and they cannot handle any additional traffic. He also stated that the residents have been requesting stop signs out there for some time and have never been successful. He stated that he feels this project should not be approved until the entire existing roadway and maintenance issues are taken care of. Mr. Nick Carone stated that he owns the property that is two parcels to the north of the subject property. He stated that he too has given 15 feet to the County but the problem is that everyone on the east side would need to give the 15 feet too but they have not. He also questioned if the applicant starts with septic tanks where the seepage would go since there is a wetland very close by. Mr. Barrington Brown, LBFH, stated that you can have septic with city water on a 10,000 square foot lot. Mr. Kevin Browley, President of Ocean Fours Development Corporation, stated that he loved the rural character of White City. He continued that his development would have larger lot sizes with a large wooded area because he is preserving the trees. He stated that they are relocating 108 trees on site with 41 oak trees along the roadway to keep the rural feel. He also stated that their only option for developing the property required that they have cul-de-sacs, which is compatible with North Fork Estates. He stated that he would be more than happy to meet with all of the neighbors to discuss his plans. Ms. Hammer suggested that the applicant's petition be tabled until after he meets with the neighbors. Mr. Browley stated that he did not want to have his application tabled and requested to continue with the hearing. Ms. Kay long stated that having a development with this many houses out there is not in character with the neighborhood. She continued that the area is very rural and that there are cow pastures behind the subject property. She stated that this project does not fit in. Ms. April Row-Rodgers stated that she has grown up in that area and wants her children to be able to enjoy White City the way that it currently is. She continued that she is a fourth generation P&Z / LPA Regular Meeting July 15, 2004 Page 22 of 25 SUBJECT TO PLANNING 8 ZONING. COA~I~ISSION APPROVAL member of the family who has lived there and does not want the area overdeveloped. She also stated that the area is made up of homes on several acres and having '/a acre lots that could be rented out was not compatible with the area. Ms. Cheryl Denmark-Row stated that she has concerns over the safety of Citrus Avenue. She stated that the road needs major improvements and adding more problems will only make the problems worse. She also stated that the developer should be working with the White City Improvement Club to be sure his plan meets their standards. Mr. Jim Totten stated that his two sons take the bus to school at a stop on Citrus Avenue. He stated that it is a dangerous road that is not maintained and adding additional traffic was not safe. He continued that he feels this project is too early and should wait until after the roadway is widened and maintain before submitting any plans for development. Chairman Hearn closed the public hearing. Mr. Al Brodeur stated that the developer has worked with the school district and would be putting a shelter off of the roadway on Citrus for the children waiting at the bus stop. He also stated that this project is within the Urban Service Boundary, provided an Environmental Impact Report and Traffic Impact Report, and still met all of the County's standards. He continued that the applicant did not want to develop under the standard zoning because it does not allow for tree preservation and the applicant wanted that, which is why they submitted a PUD. Mr. Akins also suggested that the applicant table his request until he has had an opportunity to meet with the surrounding residents. Mr. Browley stated that he would be more than happy to meet with the neighbors and show them his plans and discuss why he has decided to do this, but did not want to table his request. Ms. Hammer stated that since the developer is going from a density of one unit per acre to 1.69 units per acre they should be required to demonstrate that their plan would be a substantial improvement to the community. Mr. Browley stated that he feels his plan is a substantial improvement to the community because they are preserving trees and the wetlands, providing an open space area for recreation and a lake to maintain the rural look and feel of White City. Ms. Morgan stated that she drove down the road and had to pull over when another car drove by because she was afraid she would end up in a ditch. She stated that she too believes the developer should have met with the surrounding neighbors before bringing his petition to them. Mr. Grande stated that he is against this petition because of forcing future owners to annex into the City of Fort Pierce in order to have water. Mr. Browley stated that there is nothing involuntary about buying a lot in his development and that he would make sure that the potential buyers are aware of the annexation agreements. Ms. Hammer stated that she feels those disclosures aren't usually done until the buyers are getting their titles and by then it is too late for them to decide against buying. Mr. Lounds stated after considering the testimony presenting during the public hearing, including Staff comments, and the Standards of Review as set forth in Section 11.06.03, St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners deny the application of Ocean Fours Development Corporation for a Change in Zoning from the P&Z / LPA Regular Meeting July 15, 2004 Page 23 of 25 o~F~coAt~- SUBJECT TO PLANNING & ZONING CDlVIMISSION APPROVAL AR-1 (Agricultural, Residential -1 du/acre) Zoning District to the PUD (Planned Unit Development -Lone Pine) Zoning District because I don't think it is consistent with the lifestyle and quality of living in White City. I also don't think that all of the traffic issues on Citrus Avenue can handle any more development in that area. Motion seconded by Ms. Morgan. Upon a roll call vote the motion was unanimously approved (with a vote of 7-0) and forwarded to the Board of County Commissioners with a recommendation of denial. P&Z / LPA Regular Meeting July 15, 2004 Page 24 of 25 ST. LUCIE COUNTY BOARD OF COMIISSIONERS PU6LIC HEARING AGENDA Raquel n.IOg6 EO WHOM I7 MAV CONCERN. NOTICE rs hereby gwen in accordann with Sxlion 11.00.03 of the ST Luae County Land Development Code and in accgrdanw with the Drovisions of the SI. Lucie Couny Comprahanawe Plan lhal the following aDDhcams nave requeElCd Thal the SI. LYpIa Cpunly Board 0(DOnlmlEalpnerE consider then tollowmg requests. JOSEPH K. LOPEZ, for a Cpndnwnal Usa Permit to allow far the operation dl a landscaping and lawn mamtanance lacitity rn the AFi~1 IAgncullural, Resi~ tlenhal ~ 1 dulxrel Zoning Dislnct Ior the IoIlDwing described properly 32 35 a0 SW 114 OF SW ll4 OF SW v4 -LESS RD RrW ~ 17118.62 AG IOR 255 727) Lopalion East side of Selw1Z Rcsu, approvimalely 2.700 )eel north of the in- tersection of Midway Road and Selvlu Roed OCEAN FOURS DEVELOPMENT CORPORATION, for a Chanye in Zomny tram the AR~t IAgnculmrsl, Residemial ~ t dwacrel Zoning Distna to me PUD (Planned Unit Deveopment ~ Lone Pinel Zoning Distnn Ior 1M IoOOwing de~ scribed pruperry. BEING A PARCEL OF LAND LYING OVER A PORTION Of TRACT 'I", "J'. "K" & 'L" AS SHOWN ON THE PLAT SHOWING THE ADJUSTMENT OF PROPERTY LINES DF MOORE. HOEFLICH, BACHARACH, BRADY & MAMMOND. AS RE~ CORDED IN PLAT BOON 3, PAGE 64, PUBUC RECORDS OF ST LUUE COUN- TY, FLORIDA. SAID PARCEL BEING A PORTION OF THE LANDS AS DE~ SCRIBED IN OFFICIAL RECORD BOOK 1306, PAGE 1080. LYING IN THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 36 SOUTH, RANGE 40 EAST; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS fOl~ LOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 9; PRO- CEED SOUTH 69 DEGREES 65'09" WEST, ALONG THE NORTH IINE OF THE NORTHEAST QUARTER OF SAID SECTION 9, A DISTANCE OF 77[7.89 FEET TO A POINT ON THE WEST LINE OF THE EAST ONE-HALF OF THE NORTH EAST OuARTER OF SAID SECTION 9; THENCE SOUTH 00 DEGREES 16'2x' EAST, DEPARTING SAID NORTH LINE, ANO ALONG SAID WEST LINE, A DISTANCE OF 2.639.76 FEET TO A POINT ON THE SOUTH MAMMOND LINE, AS SHOWN ON SAID PLAT OF ADJUSTMENT Of PROPERTY LINES, SAID POINT IVING 15.30 FEET MORE OR LESS NORTH OF THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER, OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE NORTH 89 DEGREES 41'31" WEST, DEPART- ING SAID WEST UNE, AND ALONG SAID SOUTH HAMMOND LINE. AND ALONG THE SOUTH IINE OF THE LANDS DESCRIBED IN SAID OFFICIAL RE- CORD BOOK 1306, PAGE 1080. A DISTANCE OF 15.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF CITRUS BOULEVARD IA 30 FOOT WIDE RIGHT-OF-WAY AS NOW W D OUT AND IN USE( AND THE POINT OF BE- GINNING; THENCE CONTINUE NORTH 89 DEGREES 61'31' WEST. DEPART. ING SAID WEST RIGHT-OF-WAV IINE. AND ALONG SAID SOUTH LINES, A ON THE COMMON BOUNDARY LINE BETWEEN THE LANDS DESCRIBE SAID OFFICIAL RECORD BOOK 130fi, PAGE 1080, ANO THE LANDS AS SCRIBED IN OFFICIAL RECORD BOOK dBB, PAGE 1599, PUBLIC RECD OF SAID COUNTY; THE FOLLOWING THREE COURSES ARE ALONG: COMMON BOUNDARY LINE: THENCE SOUTH B9 DEGREES 63'3 t' EA9 DISTANCE OF 116.75 FEET; THENCE NORTH B9 DEGREES J5'I9" EAE DISTANCE OF 689.00 FEET; THENCE NORTH B9 DEGREES 59'59" EA5 DISTANCE Of 808.50 FEET TO A POINT ON SAID WEST RIGHT-OF•1 LINE OF CITRUS BOULEVARD; THENCE SOUTH OD DEGREES 16'14' E. DEPARTING SAID COMMON IINES. AND ALONG SAID WEST RIGHI WAV LINE. A DISTANCE OF 455.91 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINING 16.70 ACRES, MORE OR LESS. AN EASEMENT 25 FEET IN WIDTH OVER THE SOUTH 25 FEET OF THE ABOVE DESCRIBED PROPERTY, WHICH EASEMENT WAS CREATED AND IS DESCRIBED IN THAT DEED RECORDED IN O R BOON 1655, PAGE 1793. PUBLIC flECORDS OF ST. IUCIE COUNTY; FLORIDA Localion Wesl side of Citrus Avenue, approxlmalery 1.100 feel south o1 Mal- lard Court (North Fort Estates). PHIL~AM INVESTORS, INC , fur a Clwnye in 2unrngg Irom the I (Inahtullunall 2onlny Dlslnct to Ins CG ICommerciel. General) Zoniny D~suln fur the lab lowing descnbed properly' EAST 164 FEET OF THE FOILOWING: FROM THE SOUTH V6 CORNER OF SECTION 34. TOWNSHIP 35 SOUTH. RANGE 40 EAST, RUN WEST 494.71 FEET TO THE EAST LINE OF THE WEST 1!4 Of THE SOUTHEAST t/6 OF 1HE SOUTHEAST t/4 OF THE SOUTHWEST tla OF SAID SECTION 34; THENCE RUN WEST 659.58 FEET TO THE WEST LINE OF THE EAST 714 OF THE SOUTHWEST tla OF THE SOUTHEAST 11a OF THE SOUTHWEST t/4 OF SAID SECTION 34, THENCE PUN SOUTH 315.52 FEET; THENCE RUN EAST 13x.75 FEET; THENCE SOUTH 321.05 FEET TO THE NORTH RIGHT OF WAY OF WEATHERBEE POAD: THENCE RUN EAST 524.98 FEET TO THE POINT OF BEGINNING. FROM THE SOUTH 1/4 CORNER OF SECTION 34. TOWNSHIP 35 SOUTH, RANGE 40 EAST, 5T. LUCIE COUNTY, FIORIDq RUN WEST 494.31 FEET TO THE EAST LINE OF THE WEST va OF THE SOUTHEAST v4 OF THE SOUTH- EAST 1/4 Of THE SOUTHWEST t/4 OF SAID SECTION 34: THENCE RUN N.00 DEGREES 55'64'E, A DISTANCE OF 30 FEET TO THE POINT OF BEGIN NING: THENCE CONTINUE N.00 DEGREES 55'S4'E, A DISTANCE OF 637.19 FEET; THENCE RUN N.B9 DEGREES 47't5-W, A DISTANCE OF 164.00 FEET; THENCE RUN 5.00 DEGREES 55'S5'W. A DISTANCE OF 637.99 FEET TO THE NORTH RIGHT OF WAV OF WEATHERBEE ROAD; THENCE RUN EAST 164.00 FEET TO THE POINT OF BEGINNING. Location: North side pl Waatherbee Road, ^pDroximalaly 500 leer west of South U.S. Highway Na. t. JAMES 7. LONG, for a Chengga In Zoning tram the fl5~41Residenual, Single Family - 4 dunenl Zoning Distnet to the PUD IPlannad Unit Dwelopnwnt Oakland EsuNS) Zoning Dictrict far Iha following Wscribed property: THE EAST tb OF THE SOUTHEAST 1b OF TFIE SOUTHEAST t/d Of SECTION 11, TOWNSHIP 34 SOUTH, RANGE 39 EAST, AS RECORDED IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY. SAID PARCEL CONTAINS 10.59 ACRES MORE OR LESS. THAT PART OF THE EAST t/i OF THE SOUTH EAST t/6 OF SECTION 11, TOWNSHIP 36 SOUTH, RANGE 39 EAST, AS RECORDED IN THE PUBLIC RE- CORDS Of ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULAR LV DESCRIBED AS COMMENCING AT THE SOUTH EAST CORNER OF THE SOUTH EAST 1/d OF SOUTH EAST l/a THENCE RUN N 00 DEGREES 76'59"W ALONG THE EAST LINE Of SOUTH EAST 1/4 OF SOUTH EAST 1/4 A DISTANCE OF 35.00 FEET TO THE POINT OF BEGINNING; THENCE RUNS 89 DEGREES 39'00"W ANO PARALLEL TO THE SOUTH LINE OF SAID SOUTH EAST 114 OF SOUTH EAST 114 A DISTANCE OF 666.16 FEET; THENCE RUN N 00 DEGREES d3' 77'W A DISTANCE OF 1261.29 FEET TO A POINT 75.00 FEET SOUTH OF THE NORTH LINE OF SAID SOUTH EAST 1/0 OF SOUTH EAST tld; THENCE RUN N B9 DEGREES 22'48"E A DISTANCE OF 6b7 95 FEET TO THE EAST IINE OF SAID SOUTH EAST ll4 OF SOUTH EAST Li; THENCE RUNS 00 DEGREES 38'39' W A DISTANCE OF 1163.82 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 19.J6 ACRES N10RE OR LESS. 1t locahnn NE corner of Hummingbirtl Way and PElomar Drive Ilasewoad /~ I' Park) / \\`111\ PUBLIC HEARINGS wiR De nald in tM Commisslon Chamoers. Roger Ponras Anne., 3rd Floor, St. Lucre County Admmistrauon Building, 2300 Virginia Avenue. Fort Pierce. Florida on August 3. 2004. bagmmng at 6:00 P.M. or as noun iiieieaner as poasible. PURSUANT TO Section 186.0105, Flontla Suwles. A a person decides to ap- peal any decision made by a boartl, agency, or commission with respect to any mallet ConEldafed lI a meeling or Marmg, h! will need i reCpfd OI Iha proceedings, and Iha4 for ouch purpous, ha may reed m ensure iMt a vet beam record of IM pmceetlings n made. which rxord includes 1M tesurro- ny and evidence upon which die aPPeal is to be based. i COMMISSIONERS COUNT', FLORIDA awls. CHAIR ~11d" QOARD OF COUNTY COMMISSIONERS August 7, 2004 ST. CO LU UN CIE TY ~,~ F L O R I D A GROWTH MANAGEMENT In accordance with the St. Lucie County Land Development Code, you are hereby advised that OCEAN FOURS DEVEL OI'MENT CORPORATION, has petitioned St. Lucie County for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the PUD (Planned Unit Development -Lone Pine) Zoning District for the following described property: Location: West side of Citrus Avenue, approximately 1,100 feet south of Mallard Court (North Fork Estates). THE PROPER'1,Y'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The second paeblic hearing az the petition will be held at 6:00 P.M., or as soon thereafter as possible, on August 17, 2004, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virgi~zia 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 tl~e 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 adate-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 cal I (772) 462-1960 if you have any questions, and refer to: File Number RZ-03-047/I'iJI)-U3-030. Sincerely, ST. LUCIE COUNTY BOARD OF COMMISSIONERS ~lC :?~-f C_c.~-t__-~ ~~~...-~-~_ Paula Lewis, Chair JOHN D. DRUHN, District No. 1 DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 FRANNIE HUTCHINSON, District No. 4 CLIFF DARNES, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 Planning: (772) 462-2822 GIS/Technical Services: (772) 462-1553 Economic Development: (772) 462-1550 Fox: (772) 462-1581 Tourist Development: (772) 462-1529 Fox: (772) 462-2132 www.co.st-lucie.fl.us Randy Stevenson -Citrus Ave elopm~ ``"~ Page 1 From: <JSmith5695C~aol.com> To: <StevensonrC~stlucieco.gov> Date: 7/1 5/2004 1 1:51:16 AM Subject: Citrus Ave Development I live in the WhiteCity area off the county, off Citrus Ave. off Parkland Blvd on Lenape St. Have live here about 22 years. We have waited with bated breath the possibility of city water in our area, but so far no luck. Promises maybe from the city, but nothing concrete. Now here is a new development going in on Citrus, THEY are getting CITY WATER AND SEWER. What's wrong here.??????????????????? We also suffer down here the woes of Citrus Ave, hardly safe to navigate after a bad rain, because the shoulders are all washed out, one lane traffic, one guy is in the ditch, not a pleasant drive. Now you are going to wish 27 more families on us............possible 3 drivers to a family, four trips a day ...................lotta traffic. And the county tells us no plans to fix Citrus, I find problems with this whole picture and go on record as against the new development as the plans are now. I cannot attend the meeting tonight, so this EMail instead. Jean Williams Smith 6318 Lenape St, White City jsmith5695 C~AOL.com px nbr 464-4361 ~~~ ~ ( ~~~ ~/ x PLANNING AND ZONING COMMISSION REVIEW: 7/15/04 File Number: PUD-03-030 and RZ-03-047 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Planning and Zoning Commission FROM: Planning Manager n~ Y DATE: July 8, 2004 SUBJECT: Application of Ocean Four Development Corporation, for Preliminary and Final Planned Unit Development approval for the project known as Lone Pine Subdivision and a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the PUD (Planned Unit Development) Zoning District. LOCATION: West side of Citrus Avenue, between Midway Road and Saeger Avenue, approximately 1,116 feet south of Mallard Court (North Fork Estates entrance) ZONING DESIGNATION: AR-1 (Agricultural Residential - 1 du/acre) PROPOSED ZONING: PUD (Planned Unit Development) LAND USE DESIGNATION: RS (Residential Suburban) PARCEL SIZE: 16.7 acres PROPOSED USE: 27-unit single-family residential subdivision (density of 1.69 du/acre) SURROUNDING ZONING: AR-1 (Agricultural, Residential -1 du/acre) to the north, south, east and west. SURROUNDING LAND USES: RS (Residential Suburban) to the north, south and west and RU (Residential Urban) to the east. FIRE/EMS PROTECTION: Station #6 (350 E. Midway Road), is located approximately 3.5 miles to the northeast. UTILITY SERVICE: Fort Pierce Utility Authority willprovide waterand sewerservice to the subject property. July 8, 2004 Page 2 TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: SCHEDULED IMPROVEMENTS TYPE OF CONCURRENCY DOCUMENT REQUIRED: Petition: Lone Pine PUD File: PUD-03-030 and RZ-03-047 Citrus Avenue has aright-of-way of 30 feet. As part of the site plan approval process, an additional 15 feet of right-of-way along the west side of Citrus Avenue is required to be dedicated to the county. None. Certificate of Capacity. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The applicant is requesting a preliminary and final PUD (Planned Unit Development) approval for the entire 16.7-acre tract of land. The proposed rezoning has been determined to not be in conflict with any applicable provision of the St. Lucie County Land Development Code. According to Section 7.01.01 of the LDC, the purpose of the Planned Unit Development (PUD) zoning district is to achieve residential land of superior quality through the encouragement of flexibility and creativity in design options that: A. Permit creative approaches to the development of residential land reflecting changes in the technology of land development; The applicant's proposed design includes moving the subdivision layout to the east in order to preserve the western most portion of the site. The applicant's proposed site design has kept all lot lines and roadways outside of the 100-year floodplain. In addition, the applicant's proposed design has incorporated the existing land features in order to preserve environmentally sensitive area onsite. The applicant's site design meets the minimum tree preservation requirements of the St. Lucie County Land Development Code. The subject property contains 160 inches of trees within July 8, 2004 Petition: Lone Pine PUD Page 3 File: PUD-03-030 and RZ-03-047 the right-of-way and easements and 1,146 inches of trees within the individual lots, therefore, 2612 inches of trees must be mitigated. The site design preserves 2,785 inches of trees in addition 103 inches of native trees will be planted on the site. The applicant has also indicated that 195 native palm trees will be removed, 76 native palm trees will be preserved and 108 native palm trees will be relocated on the site. The applicant has indicated that a deed restriction. will be placed on the individual lots for this subdivision that will require the individual lots to satisfy the tree preservation requirements of the St. Lucie County Land Development Code. As such, staff is recommending that this be a condition of approval. Of the 16.7 acre site a total of 5.84 acres is required to be preserved in orderto meet the minimum 35% open space requirement of the St. Lucie County Land Development Code. The applicant has met the 35% open space requirement through the preservation of 4.39 acres of open space, 0.61-acre of lake, 0.49 acre of wetland and upland buffer and 0.37 acre of native habitat credit. B. Allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; The project is designed with a central roadway system that loops throughout with one central access point for entrance and exit. The access point into the project is located on Citrus Avenue. The closest county arterial roadway to the proposed connection is Midway Road to the north. Based upon a review of the Institute of Transportation Engineers (ITE) Trip Generation Manual, 6th Edition, the estimated vehicle trips generate as a result of this development will be 270 trips, based upon the 27 units ofsingle-family detached housing. The St. Lucie County Spring 2003 Traffic County does not include Citrus Avenue within its current counts. However, the Spring 2003 Traffic Counts includes the connecting link of Midway Road. Midway Road, in the vicinity of the Citrus Avenue Connection, has a current level-of-service "B" for the west of Oleander Avenue link. Further, this link serves 18,100 trips with a total of 1,681 of committed trips for a total of 19,781 trips. The total capacity for this roadway link is 33,200 trips. Therefore, there is a remaining capacity of 13,419 trips, of which this project will require 270 trips. This assumption is based upon all traffic is going to the north to Midway Road. Based upon this there is sufficient capacity within the vicinity of the site to accommodate the proposed project without significant degradation of the level of service. At this time, no offsite roadway improvements are required as a result of the proposed development. Citrus Avenue is a substandard county roadway that has one-lane of paved surface. In order to provide for expansion of the roadway surface an additional 30-feet of right-of-way along Citrus Avenue, between Midway Road and Saeger Avenue, is required to be obtained by the County. As part of the site plan review process, the applicant agreed to dedicate 15 feet of right-of-way adjacent to Citrus Avenue for these future roadway improvements. ~rr~ July 8, 2004 Petition: Lone Pine PUD Page 4 File: PUD-03-030 and RZ-03-047 The Fort Pierce Utility Authority will be providing water and sewer services to the project. The applicant and staff received confirmation from FPUA that the installation of the municipal lines to this segment for the proposed project has been completed and there is a meter in place for this project. The internal design of the project will allow for a looped system, which should lower the development costs of the project. C. Allow design options that encourage an environment of stable character, compatible with surrounding land uses; and, The proposed project is compatible with the character of the area and with the surrounding land uses. The property located to the north and east is being utilized as pastureland and groves, to the west is vacant land that is located within the floodway and to the south are single-family residential lots. Further to the north is the Northfork Estates subdivision; this subdivision was approved at a density of 3 du/acre which is higher than the requested 1.69 du/acre. The proposed project as a low intensity single-family development is consistent with the existing residential units along Citrus Avenue, south of Midway Road. D. Permit the enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities and the provision of recreation and open space. The applicant's proposed design includes moving the subdivision layout to the east in order to preserve the western most portion of the site. The applicant's proposed site design has kept all lot lines and roadways outside of the 100-year floodplain. In addition, the applicant's proposed design has incorporated the existing land features in order to preserve environmentally sensitive area onsite. The applicant's site design meets the minimum tree preservation requirements of the St. Lucie County Land Development Code. The subject property contains 160 inches of trees within the right-of-way and easements and 1,146 inches of trees within the individual lots; therefore, 2612 inches of trees must be mitigated. The site design preserves 2,785 inches of trees in addition 103 inches of native trees will be planted on the site. The applicant has also indicated that 195 native palm trees will be removed, 76 native palm trees wilt be preserved and 108 native palm trees will be relocated on the site. The applicant has indicated that a deed restriction will be placed on the individual lots for this subdivision that will require the individual lots to satisfy the tree preservation requirements of the St. Lucie County Land Development Code. As such, staff is recommending that this be a condition of approval. The proposed project site contains two wetlands (0.24-acre wetland along the western property line and a 0.04-acre wetland located within the northeastern portion of the site. The proposed project will preserve the larger 0.24-acre wetland and mitigate for the removal of the 0.04-acre wetland. The total onsite mitigation will be 0.48 acre and include enhancement of wet prairie wetlands and transitional wet prairie wetlands. Maintenance activities will include treatment and removal of all exotic and nuisance vegetation. Monitoring will take place over a 5-year period from July 8, 2004 Petition: Lone Pine PUD Page 5 File: PUD-03-030 and RZ-03-047 the conclusion of all initial maintenance activities and any necessary planting activities. The site contains a large strand of Brazilian Pepper located along the easternmost property line. As part of the site design the exotic vegetation must be removed. The applicant has incorporated the lake feature within this disturbed area. Overall 5.86 acres of the site (35.09%) of the total site has been set aside as open space, which includes 4.39 acres of open space, 0.61-acres of lake, 0.49-acres of wetland and upland buffer areas and 0.37-acres of native habitat credit. Based upon the Land Development Code requiring 15% of native species to be preserved 0.04-acres is required for the site. The site design incorporates 0.29-acres of native habitat being preserved onsite. Anything over the 0.04-acres required is eligible to receive credit at a ratio of 1.5% toward the required 35% common open space. In addition, the site design incorporates a number of existing trees within the open space areas. As part of the site plan process, the developers and staff worked together to redesign the site to preserve onsite vegetation within its natural state and to locate the lot lines in a manner which establishes the buildable area awayfrom the existing trees. The application for Preliminary Planned Unit Development (PUD) approval has been reviewed for consistency with the provisions of the St. Lucie County Land Development Code and has been determined to meet all applicable standards of review. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The applicant has demonstrated that the proposed PUD (Planned Unit Development) amendment is consistent with all elements of the St. Lucie County Comprehensive Plan. Policy 1.1.1.1 allows for residential development within the RS (Residential Suburban) Future Land Use classification at a maximum of 2 du/acre. The proposed project has been designed with a density of 1.62 du/acre, which is consistent wifh the existing Future Land Use designation. Policy 1.1.4.2 requires that new development be designed and planned in a manner, which does not place an unanticipated economic burden upon the services and facilities of St. Lucie County. The subject property is located in the Fort Pierce Utility Authorities designated service area. FPUA has provided the County with verification that sufficient capacity is available to meet the demands of the project. FPUA has also completed installation of that portion of the required line and installed a meter for the proposed project. Citrus Avenue is a substandard county roadway that has one-lane of paved surface. In order to provide for expansion of the roadway surface an additional 30-feet of right-of--way along Citrus Avenue, between Midway Road and SaegerAvenue, is required to be obtained by the County. As part of the site plan review process, fhe applicant agreed to dedicate 15 feet of right-of--way adjacent to Citrus Avenue for these future roadway improvements. July 8, 2004 Petition: Lone Pine PUD Page 6 File: PUD-03-030 and RZ-03-047 Policy 1.1.4.3 requires that the County encourage the use of cluster housing and planned unit developments to conserve open space and environmentally sensitive areas. The proposed project contains 0.29-acre of wetland of which 0.24-acres is being preserved onsite. Of the total 16.7-acre land tract, the project design includes 5.86 acres (35.09%) as open space, which is consistent with the required 35 % or 5.84 acres of open space for this site. In addition, through micro-siting the lot lines for the proposed subdivision, the developer has created the ability to preserve a number of trees onsite. Objective 8.1.4.6 requires that wetlands be protected and maintained through reduced paving, conservation easements, cluster site planning and the micrositing of buildings. The proposed site design was created in a manner that minimizes impacts to the existing 0.24- acre wetland located along the western perimeter of the property. This wetland will tie into the larger prairie system owned by the County to the west. The subject property also contains a 0.04-acre wetland which has been proposed forremoval. The applicant proposes to mitigate for the loss of this wetland through the enhancement of the existing wet prairie and transitional wet prairie wetlands found on site. The lots were microsited in a manner that not only protects the wetland but also protects existing native vegetation on the site. 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. The property located to the north of the subject property is currently utilized as pasture land. Further, to the north is the Northfork Estates subdivision which was developed at an intensity of 3 du/acre. The property located to the east is currently being utilized as an active producing grove. The property to the south was previously subdivided into individual residential home sites and the county through the Enviromental lands program purchased the property to the west. The proposed low-density single-family residential project is considered to be consistent with the existing and proposed land uses within the area. 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 27-lot single-family residential subdivision resulting in minimal demands on public facilities. fir/ ~~ July 8, 2004 Petition: Lone Pine PUD Page 7 ~~' File: PUD-03-030 and RZ-03-047 The project is designed wi a central roadway system that loops throughout with one central access point for entra a and exit. The access point into the project is located on Citrus Avenue. The closes county roadway to the proposed connection is Midway Road to the north. Based upon a review of the Institute of Transportation Engineers (ITE) Trip Generation Manual, 6~h Edition, the estimated vehicle trips generate as a result of this development will be 270 trips, based upon the 27 units of single-family detached housing. The St. Lucie County Spring 2003 Traffic County does not include Citrus Avenue within its current counts. However, the Spring 2003 Traffic Counts include the connecting link of Midway Road. Midway Road, in the vicinity of the Citrus Avenue Connection, has a current level-of-service "B" for the west of Oleander Avenue link. Further, this link serves 18,100 trips with a total of 1,681 of committed trips for a total of 19,781 trips. The total capacity for this roadway link is 33,200 trips. Therefore, there is a remaining capacity of 13,419 trips, of which this project will require 270 trips, assuming that all of the traffic travels to the north to Midway Road. Based upon this there is sufficient capacity within the vicinity of the site to accommodate the proposed project without significant degradation of the level of service. At this time, no offsite roadway improvements are required as a result of the proposed development. Citrus Avenue is a substandard county roadway that has one-lane of paved surface. In order to provide for expansion of the roadway surface an additional 30-feet of right-of-way along Citrus Avenue, between Midway Road and Saeger Avenue, is required to be obtained by the County. As part of the site plan review process, the applicant agreed to dedicate 15 feet of right-of-way adjacent to Citrus Avenue for these future roadway improvements. The Fort Pierce Utility Authority will be providing water and sewer services to the project. In order for this site to be provided water and sewer services, FPUA will have to construct an 8 inch extension continuing south on Citrus Avenue to Saeger Avenue, continuing north to tie into the 8 inch stub located just north of Buckeye Drive. FPUA has indicated that they anticipate commencement of this project in 2004 with completion being 2006. The applicant has indicated that the segment for the proposed project has been completed and the meter is in place for this project. The internal design of the project will allow for a looped system, which should lower the development costs of the project. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The applicant's proposed design includes moving the subdivision layout to the east in order to preserve the western most portion of the site. The applicant's proposed site design has kept all lot lines and roadways outside of the 100-year floodplain. In addition, the applicant's proposed design has incorporated the existing land features in order to preserve environmentally sensitive area onsite. The applicant's site design meets the minimum tree preservation requirements of the St. Lucie County Land Development Code. The subject property contains 160 inches of trees within the right-of-way and easements and 1,146 inches of trees within the individual lots, therefore, 2612 inches of trees must be mitigated. The site design preserves 2,785 inches of trees in addition 103 inches of native trees will be planted on the site. The applicant has July 8, 2004 Petition: Lone Pine PUD Page 8 File: PUD-03-030 and RZ-03-047 also indicated that 195 native palm trees will be removed, 76 native palm trees will be preserved and 108 native palm trees will be relocated on the site. The applicant has indicated that a deed restriction will be placed on the individual lots for this subdivision that will require the individual lots to satisfy the tree preservation requirements of the St. Lucie County Land Development Code. As such, staff is recommending that this be a condition of approval. The proposed project site contains two wetlands (0.24-acre wetland along the western property line and a 0.04-acre wetland located within the northeastern portion of the site. The proposed project will preserve the larger 0.24-acre wetland and mitigate for the removal of the 0.04-acre wetland. The total onsite mitigation will be 0.48 acre and include enhancement of wet prairie wetlands and transitional wet prairie wetlands. Maintenance activities will include treatment and removal of all exotic and nuisance vegetation. Monitoring will take place over a 5-year period from the conclusion of all initial maintenance activities and any necessary planting activities. The site contains a large strand of Brazilian Pepper located along the easternmost property line. As part of the site design the exotic vegetation must be removed. The applicant has incorporated the lake feature within this disturbed area. Overall 5.86 acres of the site (35.09%) of the total site has been set aside as open space, which includes 4.39 acres of open space, 0.61-acres of lake, 0.49-acres of wetland and upland buffer areas and 0.37- acres of native habitat credit. Based upon the Land Development Code requiring 15% of native species to be preserved 0.04-acres is required for the site. The site design incorporates 0.29-acres of native habitat being preserved onsite. Anything over the 0.04- acres required is eligible to receive credit at a ratio of 1.5% toward the required 35% common open space. In addition, the site design incorporates a number of existing trees within the open space areas. As part of the site plan process, the developers and staff worked together to redesign the site to preserve onsite vegetation within its natural state and to locate the lot lines in a manner that establishes the buildable area away from the existing trees. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; The subject site is designated with a RS (Residential Suburban) Future Land Use Map designation, which permits the development of a Planned Unit Development, with a maximum density of 2 du/acre. The applicant's request is fora 27-lot single-family residential development, developed at a density of 1.69 du/acre. The property to the north, south and east are designated for residential development. To the west are lands purchased by St. Lucie County through the Environmental Lands program. The proposed low-density single-family residential development is consistent with the surrounding area. With the development of this Planned Unit Development (PUD) the general character of the surrounding properties will not change from the existing residential character. mss' July 8, 2004 Petition: Lone Pine PUD Page 9 File: PUD-03-030 and RZ-03-047 8. W hether 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, Oceans Four Development Corporation, is seeking approval for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) zoning district to the PUD (Planned Unit Development) zoning district and Preliminary and Final PUD (Planned Unit Development) approval for the Lone Pine PUD Site Plan to permit the construction of a 27-lot single-family residential development on a 16.7-acre parcel of land located on the west side of Citrus Avenue, West side of Citrus Avenue, approximately 1,116 feet south of Mallard Court (North Fork Estates entrance. Staff has determined that the proposed zoning designation and the Preliminary and Final Planned Unit Development Plan is compatible with the existing and proposed uses in the area. This petition meets the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff 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 issuance of a building permit for the first residential unit, the developer's shall, in a manner acceptable to the St. Lucie County Attorney, dedicate to the county a minimum 15- foot strip of land along the entire project frontage along Citrus Avenue. 2. Prior to issuance of a building permit for the first residential unit, the developers shall provide for the creation/establishment of a Conservation Easement over all areas of protected upland/wetland preservation as shown on the project site plan. This conservation easement shall be in favor of St. Lucie County. No alterations of land within these areas may take place without the prior consent of the County and determination by the County that the proposed activity is not in violation of any provision of the County's Comprehensive Plan or development standard of the County's Land Development Code. 3. Prior to issuance of a building permit for the first residential unit, the applicant shall be required to submit to the County a final tree mitigation plan that indicates the location of all trees preserved and relocated and details the number of inches of trees removed. If the mitigation credit does not exceed the tree mitigation criteria, the applicant will be required to provide a means for satisfying the remainder of the tree mitigation criteria. 4. Prior to issuance of a building permit for the first residential unit, the developers shall provide St. Lucie County with a management plan for all areas of protected upland/wetland preservation areas as shown on the project site plan that are to be covered through the creation/establishment of a Conservation Easement over all areas. Upon the developer `~ July 8, 2004 Petition: Lone Pine PUD Page 10 File: PUD-03-030 and RZ-03-047 turning all common areas over to the HOA/POA for the Lone Pine Subdivision, it shall be the responsibility of the HOA/POA to maintain said conservation areas as prescribed within the management plan. 5. The applicant shall be required to submit to St. Lucie County an annual monitoring report demonstrating compliance with the above conditions. The requirement for this report shall begin on the anniversary date of commencement of construction and shall continue on that date until two (2) years after the completion of the development. 6. All single-family lots within this subject will be subject to the County's Tree Preservation standards as set forth in Section 6.00.05(D) of the St. Lucie County Land Development Code. 7. Prior to the issuance of any Land Clearing Permits for the Lone Pine PUD Site, the developers shall clearly delineate all areas to be preserved and/or protected. Delineation shall be by either the placing of silt 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. Upon installation the Environmental Resource Division prior to issuance of the land-clearing permit shall inspect the installed fencing. 8. The developer shall modify the site plan of this development to provide for the construction of a weather shelter, or other similar structure at the main project entrance with Citrus Avenue for the purpose of providing for a central pick-up and drop off location for any school bus stops/demand response transit or other like transit activity that may be caused by the development of this property. 9. The driveway locations shall be located in the areas depicted on the site plan, no alterations may be permitted without a modification to the PUD plan being reviewed and approved by the Board of County Commissioners. Please contact this office if you have any questions on this matter. Attachment cs Projects/Lone Pine/pz/lonepine.pzstaff_rpt.doc cc: County Administrator County Attorney Public Works Director Environmental Resource Manager July 8, 2004 Petition: Lone Pine PUD Page 11 File: PUD-03-030 and RZ-03-047 Suggested motion to recommend approval/denial of this requested change in zoning. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF OCEAN FOUR DEVELOPMENT CORPORATION, FOR A CHANGE IN ZONING FROM THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1 DU/ACRE) ZONING DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONING DISTRICT AND APPROVAL FORA 27-LOT RESIDENTIAL SUBDIVISION TO BE KNOWN AS LONE PINE PUD, BECAUSE .... [CITE REASON[S] WHY -PLEASE BE SPECIFIC]. MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF OCEAN FOUR DEVELOPMENT CORPORATION, FOR A CHANGE IN ZONING FROM THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1 DU/ACRE) ZONING DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONING DISTRICT AND APPROVAL FORA 27-LOT RESIDENTIAL SUBDIVISION TO BE KNOWN AS LONE PINE PUD, BECAUSE.... 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't ~~ •. ~.4 .. ~... ._ ~~ ¢~ ~~~r~=,~ ~ ' ' ~ , ~- ~. c~ ~ ~'~ Q ~'` ~ ` ' * . ~~ ~ ,~,,- ~- U , - -- ---- r .. ,'~ ~ ~ ~ ,~ /// 1 ~ ,~ Q~ r ;~~ ~ ~.:. O ~ . „~~ . O ~! c~ ~' U 0~ ~~`~`~ 4 ~.~,~ _ - ~' __ `~+ O ~ .. '~- C~ a ~~;~ O ~ '~; c~ :~~ - ~ : ,~ ~` ~ O °~ ~ 7 ' ~ U L~ .c ~ c ~~ ~ ~~ ~ ~ ~:~ ~ ~ O ~ ~,~ ~ ~~ ~ O { ~ ~`~ ~`,;~ N ~ '~ , }~ ~ ~r • ~. ~. Z t ~"~- ~~ .t I -~~ ~ g~as° i ° . ~: f j _r~Cylt~ ,~ ~ ax ~ C ~ 8 ~ ~Qa 1 'f y (tl ~~4 • ~-- • ~ ~ ~ a . _, ,~ a a ~ }~~~, ~~ .~a ~r Section 3.01.03 Zoning District Use Regulations E. AR-1 AGRICULTURAL, RESIDENTIAL - 1 ~. Purpose The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum density of one (1) dwelling unit per gross acre, together with such other uses as may be necessary for and compatible with very low density rural residential surroundings. The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(8). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Family day care homes. c999) b. Family residential homes provided that such homes shall not be located within a radius of one thousand (1000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) c. Single-family detached dwellings. (ss9) Lot Size Requirements Lot size requirements shall be in accordance with Table 1 in Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Table 1 in Section 7.04.00. Off-street Parking Requirements Off-street parking requirements shall be in accordance with Section 7.06.00. Conditional Uses a. Crop services co~z) b. Family residential homes located within a radius of one thousand (1000) feet of another such family residential home. cs99) c. Industrial wastewater disposal. (999) d. Kennels -completely enclosed. co~sz) e. Landscaping & horticultural services co~e> f. Retail: (1) Fruits and Vegetables. (s,3) g. Riding stables. c~s99) ,, h. Veterinary services. to~a> , i Telecommunication towers -subject to the standards of Section 7.10.23 (999) 7. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the following: Adopted August 1, 1990 101 Revised Through 08/01/00 rlrr- Section 3.01.03 Zoning District Use Regulations i a. Agriculture (farms and ranches accessory to single-family detached dwelling). to,roz~ b. Animals, subject to the requirements of Section 7.10.03. t9es~ c. Guest house subject to the requirements of Section 7.10.04. t9~i d. Mobile Home subject to the requirements of Section 7.10.05. ~e9ei e. Retail and wholesale trade -subordinate to the primary authorized use or activity. Adopted August 1, 1990 102 Revised Through 08/01/00 CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.00.00 GENERAL PROVISIONS 7.00.01 PURPOSE The purpose of this Chapter is to provide development design and improvement standards applicable to development activity in the unincorporated area of the County. 7.01.00 PLANNED UNIT DEVELOPMENT 7.01.01 PURPOSE The Planned Unit Development (PUD) District is intended to achieve residential land development of superior quality through the encouragement of flexibility and creativity in design options that: A. B. C. D. 7.01.02 A. permit creative approaches to the development of residential land reflecting changes in the technology of land development; allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; allow design options that encourage an environment of stable character, compatible with surrounding land uses; and 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. AUTHORIZED USES PERMITTED USES Any permitted, conditional or accessory use in the Agricultural-1 (AG-1 ); Agricultural-2.5 (AG-2.5); Agricultural-5 (AG-5); ResidentiallConservation inthe Agricultural-1 (AG-1); Agricultural-2.5 (AG-2.5); Agricultural-5 (AG-5); Residential/Conservation (RC); Residential, Estate-1 (RE-1 ); Residential, Estate-2 (RE-2); .Residential, Single-Family-2 (RS-2); Residential,' Single-Family-3 (RS-3); Residential, Single-Family-4 (RS-4); Residential, Multiple-Family-5 (RM-5); Residential, Mobile Home- s (RMH-5); Residential, Multiple-Family-7 (RM-7); Residential, Multiple-Family-9 (RM-9); Residential, Multiple-Family-11(RM-11); and Residential, Multiple-Family-15 (RM-15) zoning districts of this Code may be permitted in a Planned Unit Development District subject to complying with the residential densities described in Section 7.01.03(8). Adopted August 1, 1990 375 ~ Revised Through 08/01/00 ~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. 0. PUBLIC FACILITIES 1. The Planned Unit Development shall be designed and located so there will be no net public cost for the provision of water lines, sewage lines, storm and surface drainage systems, and other utility systems. 2. The minimum size of all water mains used, or intended for use, in fire protection activities is six (6") inches. Actual water main requirements will be determined by the St. Lucie County- Ft. Pierce Fire Prevention Bureau. 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 3T6 Revised Through 08/01/00 Section 7.01.00 Planned Unit Development The maximum number of fire hydrants that may be located on any dead end water main is one (1 ). 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- waywidths 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. All roads and streets shall intersect at an approximate t5° angle of ninety degrees (90°) unless circumstances acceptable to St. Lucie County indicate a need for a lesser angle of intersection. 7. Street jogs or centerline offsets between any local street or road with another local street or road, shall be no less than one hundred fifty feet (150). _ 8. The intersection of any two local roads or streets with a Major Collector or Arterial Roadway shall be separated by a minimum distance of six hundred sixty feet (660), as measured from centerline to centerline. 9. Permanent dead-end streets shall not exceed one thousand feet (1000) in length. Cul-de-sacs shall be provided at the end of all dead end roads or streets greater than five Adopted August 1, 1990 377 Revised Through 08/01/00 ~1r.r'' 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 atemporary cul-de-sac shall be required until the roadway is connected to another street or road. In the center ofthe 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 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 ~/ 2. Off Street Parking and Loading Section 7.01.00 Planned Unit Development 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 maybe used so long as the road on which the on-street parking is proposed lies entirely within the limits of the defined Planned Unit Development and such parking would not contravene any other provision of this Code or the St. Lucie County Code of Ordinances. Where such on street parking and loading is used, it shall be consistent with the following design standards: a. The minimum size of a parking stall shall be as follows: parallel angled handicapped(parallel) handicapped(angled) 8 feet X 23 feet 10 feet X 18 feet 12 feet X 23 feet 12 feet X 18 feet b. Handicapped parking spaces shall be appropriately marked. c. Access for emergency fire vehicles shall be in accordance with NFPA standards. 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 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. 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 purposes or use other than street, road or drainage rights-of-way, above ground utilities, excluding stormwater treatment facilities, and parking areas. A minimum of 15 percent of any existing native upland habitat on the property, must be preserved in its natural condition as part of the required 35 percent common open space, For each acre of preserved native habitat above the required minimum 15 percent that is preserved in its original state, credit shall be given at a rate of 150 percent per acre towards the remaining common open space requirement. All areas to be dedicated for common open space shall be identified as part of the Preliminary Development Plan for the Planned Unit Development. Areas that are tloodways, 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: The advance dedication of all common open space to a public, or acceptable private, agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. All such dedications or conveyances shall be completed prior to the issuance of any building permits, including land clearing, for any portion of the Planned Unit Development ;or, b. A phased conveyance of the land to a public or acceptable private agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. The schedule for the phased conveyance of any such lands to be used for common open space shall be a specific condition of approval for the Planned Unit Development. 2. No parcel of land identified for use as a park or common open space shall be less than one (1) contiguous acre; and al_I such areas shall be physically part of the Planned Unit Devel- opment. 3. Areas provided or reserved to meet any other environmental preservation or protection requirements of this code or other lawful regulatory authority may be counted towards the overall common open space requirement, provided that the common open space meets the Adopted August 1, 1990 380 Revised Through 08101/00 requirements of this Code. SETBACKS FROM AGRICULTURAL LAND Section 7.01.00 Planned Unit Development Planned Unit Developments adjacent to land used for agricultural purposes, or designated for agricultural use on the Future Land Use Map of the St. Lucie County Comprehensive Plan, shall provide setbacks from the agricultural land sufficient to protect the function and operation of those uses from the encroachment of Urban activities or uses. K. PHASING 1. A Planned Unit Development may be developed in more than one stage or phase 2. If a Final Development Site Plan approved by the Board of County Commissioners is to be developed in stages or phases, each successive phase shall be constructed and developed in a reasonably continuous 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: 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 amulti-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. No commercial facility shall be permitted prior to the completion of at least forty (40) percent of the total number of authorized dwelling units; and, c. For Planned Unit Developments to be constructed in stages or phases, the net density of an individual stage or phase may vary from the approved Final Site Plan subject to the requirements in Section 11.02.05. Adopted August 1, 1990 381 Revised Through 08/01/00 a~s, y IoST. LUCIE COUNT' PLANNING AND ZONING COMMISSION !~ PUBLIC HEARING AGENDA Jwy ts, 2ooa TO WHOM IT MAV CONCERN. NOTICE is nereby given In accordance with Section 11.00.03 of the St Lucie County and Development Cotle antl in accordance witn the provisions of the SL Lucie County Comprehensive Plan, that the following applicants have requested that the St. Luse County Planning and Zoning Commission con cider the following requests: for a Conditional Use Permit tc allow for thn operation of lawn maintenance facitiry in the AR-11Agricultural, Resi~ Zoning District for the following describetl properly'. 32 35 40 SW 1 /4 OF SW t/a OF SW 1l4 - LESS RD RAN - I71 (6.62 ACI IOR 255- 727) Locaupn: East side of Selwtz Raad, apProxlmately 2,7001eet nosh of the in- teraecnon of Mltlway Road and Selvi¢ Roatl. OCEAN FOURS DEVELOPMENT CORPORATION, for a Change in Zoning from Ina AR-1 (Agricultural, Resitlential - 1 du/acre) Zoning Dis«ict Ia the PUD (Planned Unit Development -Lone Pine) Zoning District for the lollowing tle- uribed propedV. BEING A PARCEL OF LAND LYING OVER A PORTION OF TRACT "I", "J". "K" & "L" AS SHOWN ON THE PLAT SHOWING THE ADJUSTMENT OF PROPERTY LINES OF MOORE. HOEFLICH, BACHARACH, BRADY b HAMMOND. AS RE- CORDED IN PLAT BOOK 3, PAGE 66, PUBLIC RECORDS OF ST. LUCIE 000N- TY, FLORIDA, SAID PARCEL BEING A PORTION OF THE LANDS AS DE- SCRIBED INOFFICIAL RECORD BOOK 1306, PAGE 1080, LYING IN THE NORTHEAST OUAR7ER OF SECTION 9, TOWNSHIP 36 SOUTH, RANGE 40 EAST; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOL- LOWS: RIGHT-OF-WAY AS NOW LAID OUT AND IN USE) AND THE POINT OF BE- GINNING; THENCE CONTINUE NORTH 89 DEGREES 41'31" WEST, DEPART- ING SAID WEST RIGHT-OF-WAY LINE. AND ALONG SAID SOUTH LINES, A DISTANCE OF 1,608.41 FEET; THENCE NORTH 02 DEGREES 12'00" WEST, DEPARTING SAID SOUTH LINES, A DISTANCE OF 443.1 FEET TO A POINT ON THE COMMON BOUNOAFiV LINF BETWEEN THE LANDS DESCRIBED IN SAID OFFICIAL RECORD BOOK 1306, PAGE 7080, AND THE LANDS AS DE- SCRIBED IN OFFICIAL flECORD BOOK 488, PAGE 1599, PUBLIC RECORDS OF SAID COUNTY; THE FOLLOWING THREE COURSES ARE ALONG SAID COMMON BOUNDAfiY LINE: THENCE SOUTH 89 DEGREES a 1'31' EAST. A DISTANCE OF 116.75 FEET; THENCE NORTH 89 DEGREES 35'29" EAST, A DISTANCE OF 698.00 FEET; THENCE NORTH 89 DEGREES 59'59- EAST, A DISTANCE OF 808.50 FEET 70 A POINT ON SAID WEST RIGHT-OF-WAY LINE OF CITRUS BOULEVARD: THENCE SOUTH 00 DEGREES 16'24' EAST, DEPARTING SAID COMMON LINES, AND ALONG SAID WEST RIGHT~OF- WAV LINE. A DISTANCE OF 455.92 FEET TO THE POINT OF BEGINNING. SUBJECT TO CONTAINING 16.70 ACRES, MORE OR LESS. AN EASEMENT 25 FEET IN WIDTH OVER THE SOUTH 25 FEET OF THE ABOVE DESCRIBED PROPERTY, WHICH EASEMENT WAS CREATED AND IS DESCRIBED IN THAT DEED RECORDED IN O.R. BOOK 1655, PAGE 1793. PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA Location: West side of Citrus Avenue, approximately 1,1001e~t south of Mal- lard Court lNOrth Fork Estalesl. PHIL~AM INVESTORS, INC., for a Change in Zoning from the I Ilnsututionaq Zoning Dlstnct to the CG (Commercial, Genei all Zoning District for the fol lowing tlescribed prooerry'. THE EAST 764 FEET OF THE FOLLOWING'. FROM THE SOUTH 1/4 CORNER OF SECTION 34, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY. FLORIDA RUN WEST 494.31 FEET TO THE EAST LINE OF THE WEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTH- EAST t/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 34; THENCE RUN N.00 DEGREES 55'54'E, A DISTANCE OF 30 FEET TO THE POINT OF BEGIN- NING; THENCE CONTINUE N.00 DEGREES 55'54'E. A DISTANCE OF 637.19 FEET; THENCE RUN N.89 DEGREES 47'15"W, A DISTANCE OF 164.00 FEET; THENCE RUN 5.00 DEGREES 55'S5"W, A DISTANCE OF 637.89 FEET TO THE NORTH RIGHT OF WAV OF WEATHERBEE ROAD; THENCE RUN EAST 164.00 FEET TO THE POINT OF BEGINNING. Location: North side of Weatherbee Road, epprosimately 500 feet west of South U.S. Highway No. 1. JAMES T. LONG, for a Change in Zoning Irom the RS-41Residential, Singly Family -4 du/acre) Zpning District to the PUD (Planned Unit Development - Oakland Esmtasl Zoning District tar the following tleacribetl propetty: THE EAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/a OF SECTION 11, TOWNSHIP 34 SOUTH, RANGE 39 EAST, AS RECORDED IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY SAID PARCEL CONTAINS 20.59 ACRES MORE OR LESS. THENCE RUNS 89 DEGREES 39'00'W AND PARALLEL TO THE SOUTH LINE OF SAID SOUTH EAST I/O OF SOUTH EAST 1/4 A DISTANCE OF 666.16 FEET: THENCE RUN N 00 OEGREES 43' 37-W A DISTANCE OF 1261.29 FEET TO A POINT 35.00 FEET SOUTH OF THE NORTH UNE OF SAID SOUTH EAST 1/4 OF SOUTH EAST 1/4; THENCE RUN N 69 DEGREES 22'48"E A DISTANCE OF 667.65 FEET TO THE EAST LINE OF SAID SOUTH EAST 1/4 OF SOUTH EAST 1/a; THENCE RUNS 00 DEGREES 38'39" W A DISTANCE OF 1263.82 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 18.46 ACRES MORE OR LESS. Loceuon: NE corner of Hummingbird Way and Pelomer Drive (Lakewood Parkl PUBLIC HEARINGS will De held in the Commission Chambers. Roger Poilras Annex. 3rd Floor, St. Luci• County Atlmimsbnion Bulldinq. 2300 Vaginia Avsnua, Fort Pierce. Florida an July 15, 2004, beginning at 7:00 P.M. or as soon thereafter as possible. PURSUANT TO Section 28fi.0105, Floritle Statutes, if a person dacltles to ep- paal any decision made by a board, agency, or commission with respect to any ma« ar consitlerad at a meeOng or hearing. rte will need a raced of the p aeedings, and that. for wch purposes, he may need to ensure that a ver- batim ramrd of the proceedings is made, which record Iroludes the testimo- ny and evidence upon which the appeal is Ip sa oasetl. 677634 aOARD OF COUNTY COMMISSIONERS July 2, 2004 COMMUNITY DEVELOPMENT DIRECTOR In accordance with the St. Lucie County Land Development Code, you are hereby advised that OCEAN FOURS DEVELOPMENT CORPORATION, has petitioned St. Lucie County for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the PUD (Planned Unit Development -Lone Pine) Zoning District for the following described property: Location: West side of Citrus Avenue, approximately 1,100 feet south of Mallard Court (North Fork Estates). THE PROPERTY'S LEGAL. IIESCRIPTION IS AVAILABLE UPON REQUEST The first public hearing on the petition will be held at 7:00 P.M., or as soon thereafter as possible, on July I5, 2004, County Commissioner's Chambers, St. Lucie County .9dministration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Planning and Zoning Commission at least 3 days prior to a scheduled hearing. County policy discourages communication with individual Planning and Zoning Commission and County Commission on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the Planning and Zoning Commission are electronically recorded, If a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes -the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to adate-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: Fite Number: RZ-03-(kl7/t'Lli)-03-030. Sincerely, ST~. UCIE COUNTY PLANNING AND ZONING COMMISSION Carson McCurdy, Chairman ~~c~ / JOHN D. DRUHN, District No. 1 DOUG COWARD, District No. 2 PAULA A. LEWIS, District No. 3 FRANNIE HUTCHINSON, District No. 4 CLIFF DARNES, District No. 5 County Administrator -Douglas M. Anderson 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 • Planning: (772) 462-2822 • GIS/Technical Services: (772) 462-1553 Economic Development: (772) 462-1550 • Fox: (772) 462-1581 Tourist/Convention: (772) 462-1529 Fax: (772) 462-2132 www.co.st-Iucie.fl.us a e J d Y d C d a V C a 0 d m D 7 O LL c v O 0 0 f+1 0 a 4 eq 0 -~ °o O N N b d C C ~ U V O O M a0 l0 M 7 N V1 t0 N M N M O M N O (O N M O M O M I~ 10 ~ ~O n ~O ~ M .- M ~ M ~ M N M N fM7 1~ N N M O M N ~ N (Mp M ~~ v N W ~ O i 0 N c'7 O N ~O N M N M N M N ~O N M N N M N M N I~ N n N ~ N M N M N M N M N M N M N v N M N (~7 N 10 N O ~O N ~ O O ~., N ~ O O O d ~ e f ~ e f a0 ~ sW{ N ~ aD ~ a0 ~ aaa0 N ~ cVaD~ W M saD aD eof] a0 eW~ aaa0 ~0f] a0 0s~!f0 a0 ~D a0 soft caa0 M M aD i0 (O a0 O t0 cD (D M (~ [h M M M ch ~ M M C~ ~ M M ~ ~ M t+1 ~ M tN+f ~ cN7 M ~ M d d fn J LL J LL J LL J LL J W J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J W J W J LL J LL J LL J LL J LL J LL J LL J LL J W J W U y ` d O J U Q~ 77 ~ y ` ~ yy U ` ` ` U U ` ~ ~ ` ` ` ` ` ` ` ` ( f00 ~ y U U ~ U U U d d d a u~ d` a d a N a d a ` d N a d a d a d a m a d N aa d d aa d a d a ~ a d a' d N aa d a d s C ° d~ a e N m d s ~ ~ d m N d mm, " U o LL o LL o d LL oa LL o LL o LL o LL a LL o LL o o o o 00 00 0 0 0 0 00 0 o o o•~ a`mi o~ ~ a`oi ma`oi LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL m LL~ > LL ~ > >> ~ E ~ E ~ ~ ~ N ~ N N N j N d ~ m d > o y - Q e d z ¢ - Q z~ ¢ L ¢ ~ 7 ~ > ¢ > ¢ d > ¢ m > ¢ N > ¢ > ¢ m > ¢ N > ¢ d > d > d > > d > d > d > d > ¢ d > m > d > ¢ d > ¢ > ~ D o c J d > > ~C ~ o c J 0 c J o F G c J ~ c ¢ m C m C 2 ~ ~ m C ~ ~ ¢ ~ ¢ ~ 3 3 3 ¢ ¢ 7 ¢ ¢ ¢ ¢ ~ ~ ¢ y ¢ N m C_ in ~ m C N ~ ¢ N y /Ld i j y 1 d o N ~n ~j cn ~' > ~ > r U `. 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Page 1 of 1 Missy Stiadle -Agenda Item 5-F From: Liz Martin To: Barbara Burse; Charline Burgess; Eva Luna; Janet Pentz Date: 8/17/2004 3:29 PM Subject: Agenda Item 5-F CC: Daniel McIntyre; douga; Missy Stiadle; Randy Stevenson; Wazny ,Raymond Lois Duncan just called, she lives at 4416 Acrea Palm Drive and her phone number is 468-4749. She would like all the Commissioners to know that she is against changing the re-zoning from Institutional to Commercial, General. file://C:\Documents%20and%20Settings\Administrator\Local%20Settings\Temp\GW } 000... 8/ 17/2004 To: Submitted By: Agenda Request Board of County Commissioners Growth Management Item Number Date: 08/17/04 Consent [ ] Regular [ ] Public Hearing [ X ] Leg. ] Quasi-JD [ X ] ese t y Interim Management Director SUBJECT: Consider Draft Resolution 04-100 granting a Change in Zoning from the I (Institutional) Zoning District to the CG (Commercial, General) Zoning District for property located on the north side of Weatherbee Road, approximately 500 feet west of South U.S. Highway No. 1. BACKGROUND: The petitioner, PhilAm Investors, Inc., has requested this change in zoning from the I (Institutional) Zoning District to the CG (Commercial, General) Zoning District on property located on the north side of Weatherbee Road, approximately 500 feet west of South U.S. Highway No. 1 in order to allow the property to be developed for an automobile dealership. FUNDS AVAILABLE: N/A PREVIOUS ACTION: At the July 15, 2004, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 6 to 0 with three members (Mr. Grande, Mr. Merritt, and Mr. McCurdy) absent, recommended approval of the requested change in zoning to the CG (Commercial, General)) Zoning District. RECOMMENDATION: Staff recommends approval of Draft Resolution 04-100. COMMISSION ACTION: ® APPROVED ~ DENIED OTHER Approved 5-0 Coordination/ Signatures County Attorney /~ Mgt. & Budget: Originating Dept.: Finance: O CURRENCE: Douglas M. Anderson County Administrator Other: Purchasing: Other. ~/'` Commission Review: August 17, 2004 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Interim Growth Management Director DATE: August 11, 2004 SUBJECT: Application of Phil Am Investors, Inc., for a Change in Zoning from the I (Institutional) Zoning District to the CG (Commercial, General) Zoning District. LOCATION: North side of Weatherbee Road, approximately 500 feet west of South U.S. Highway No. 1. EXISTING ZONING: I (Institutional) PROPOSED ZONING: FUTURE LAND USE: PARCEL SIZE: CG (Commercial, General) COM (Commercial) 2.4 acres PROPOSED USE: Auto Dealership PERMITTED USES: Attachment "A" -Section 3.01.03(S) CG (Commercial, General) - contains the designated uses, which are permitted by right, permitted as an accessory use, or permitted through the conditional use process. Any use designated as a "Conditional Use" is required to undergo further review and approvals. Any use not found. within the zoning district regulations are designated as prohibited uses for that district. SURROUNDING ZONING: CG (Commercial, General) Zoning is located to the north, east and south. RM-11 (Residential, Multiple-Family - 11 du/acre) is located to the west and north. SURROUNDING LAND USES: The general existing use surrounding the property is commercial to the north, south, and east. Residential is located to the west. ~r+' August 11, 2004 Page 2 FIRE/EMS PROTECTION: UTILITY SERVICE: TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: SCHEDULED IMPROVEMENTS: TYPE OF CONCURRENCY DOCUMENT REQUIRED: Subject: PhilAm Investors, Inc. File No.: RZ-04-019 The Future Land Use Classification of the surrounding area is COM (Commercial) to the east, north, and south. RH (Residential High) to the west and north. Station #6 (350 East Midway Road), is located approximately 0.75 mile to the south/east. The subject property is in the Ft. Pierce Utilities Authority (FPUA) service area. The right-of-way width for Weatherbee Road varies along this area. The right-of-way width for Weatherbee Road in the area of the proposed rezoning is 30 feet. Any proposed development will be required to donate a minimum of 15 feet of frontage for right-of-way. None. Concurrency Deferral Affidavit. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed zoning district is consistent with the St. Lucie County Land Development Code and has met the standards of 11.06.03. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed change in zoning is consistent with all elements of the St. Lucie County Comprehensive Plan. The request is compatible with the COM (Commercial) Future Land Use Classification, which designates the subject property for commercial/industrial uses. August 11, 2004 Page 3 Subject: PhilAm Investors, Inc. File No.: RZ-04-019 Policy 1.1.1.1 of the St. Lucie County Comprehensive Plan establishes maximum lot coverage by buildings for the COM (Commercial) Future Land Use Category as 50 percent. Any proposed development of the subject property shall be allowed a maximum lot coverage by buildings of 50 percent. Policy 1.1.9.5 of the St. Lucie County Comprehensive Plan stipulates that St. Lucie County shall develop and implement a tree and upland habitat protection ordinance to prohibit the premature clearing of land and the destruction of native habitats. Any proposed development of the property will be required to apply for a vegetation removal permit and meet all applicable mitigation requirements. Policy 1.1.9.10 of the St. Lucie County Comprehensive Plan requires that the developer of any site shall be responsible for the on-site management of runoff in a manner so that post-development runoff rates, volumes, and pollutant loads do not exceed pre-development conditions. Any proposed development of the property would be required to meet all requirements pertaining to the pre- treatment of runoff prior to possible drainage off-site. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed CG (Commercial, General) Zoning District is consistent with the existing commercial uses in the areas along South U.S. Highway No. 1. The properties to the north and south are commercially designated. 4. Whether there have been changed conditions that require an amendment; Conditions have not changed so as to require an amendment. The applicant would like to develop the subject property for an automobile dealership. In order to do so, a rezoning to Commercial General is necessary. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The intended use for this rezoning is not expected to create significant additional demands on public facilities in this area. Any development will need to demonstrate that there are adequate public facilities in the area to support any proposed use. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. Any development will be required to comply with all state and local environmental regulations. August 11, 2004 Subject: PhilAm Investors, Inc. Page 4 File No.: RZ-04-019 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; The proposed amendment would ultimately result in an orderly and logical development pattern. The subject property is located in an area of general commercial uses. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment is not in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code and Comprehensive Plan. The surrounding area is considered commercial for any future development. COMMENTS The petitioner, PhilAm Investors, Inc., has requested a change in zoning from the I (Institutional) Zoning District to the CG (Commercial, General) Zoning District on property located on the north side of Weatherbee Road, approximately 500 feet west of South U.S. Highway No. 1. If the rezoning is approved, the applicant is proposing to combine the subject property with a 4.35 acre parcel of property located to the east at the northwest corner of the intersection of South U.S. Highway No.1 and Weatherbee Road in order to develop a BMW automobile dealership. The surrounding area is considered commercial for any future development. Attached is a copy of Section 3.01.03(S) - CG (Commercial, General), of the St. Lucie County Land Development Code, which delineates the permitted, accessory, and conditional uses allowed in this zoning district. At the July 15, 2004, public-hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 6 to 0 with three members (Mr. Grande, Mr. Merritt, and Mr. McCurdy) absent, recommended approval of the requested change in zoning to the CG (Commercial, General)) Zoning District. Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that the Board approve the petition for a change in zoning from the I (Institutional) Zoning District to the CG (Commercial, General) Zoning District. Attached is a copy of Draft Resolution 04-100, which, if approved, would grant a change in zoning from the I (Institutional) Zoning District to the CG (Commercial, General) Zoning District. fir/ August 11, 2004 Page 5 Please let me know if you have any questions. nson, ASLA th Management Director hf cc: Jonathan Ferguson File Subject: PhilAm Investors, Inc. File No.: RZ-04-019 SUBMITTED: 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION 04-100 FILE NO.: RZ-04-019 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE I (INSTITUTIONAL) ZONING DISTRICT TO THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT OF CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including, but not limited to the staff report, has made the following determinations: PhilAm Investors, Inc., presented a petition for a change in zoning from the I (Institutional) Zoning District to the CG (Commercial, General) Zoning District for the property depicted on the attached maps as Exhibit "A" and described below. 2. On July 15, 2004, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve a change in zoning from the I (Institutional) Zoning District to the CG (Commercial, General) Zoning District. 3. On August 17, 2004, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed change in zoning has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code and is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. 5. The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed Change in the Zoning District Classification from the I (Institutional) Zoning District to the CG (Commercial, General) Zoning District is hereby approved for the following described property owned by PhilAm Investors., Inc.: File No.: RZ-04-019 August 17, 2004 Resolution 04-100 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 THE EAST 164 FEET OF THE FOLLOWING: FROM THE SOUTH 1/4 CORNER OF SECTION 34, TOWNSHIP 35 SOUTH, RANGE 40 EAST, RUN WEST 494.31 FEET TO THE EAST LINE OF THE WEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 34; THENCE RUN WEST 659.58 FEET TO THE WEST LINE OF THE EAST 3/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 34; THENCE RUN SOUTH 315.52 FEET; THENCE RUN EAST 134.35 FEET; THENCE SOUTH 321.05 FEET TO THE NORTH RIGHT OF WAY OF WEATHERBEE ROAD; THENCE RUN EAST 524.98 FEET TO THE POINT OF BEGINNING. FROM THE SOUTH 1/4 CORNER OF SECTION 34, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, RUN WEST 494.31 FEET TO THE EAST LINE OF THE WEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 34; THENCE RUN N.00 DEGREES 55'54"E, A DISTANCE OF 30 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N.00 DEGREES 55'54"E, A DISTANCE OF 637.19 FEET; THENCE RUN N.89 DEGREES 47'15"W, A DISTANCE OF 16 4.00 FEET; THENCE RUN S.00 DEGREES 55'55"W, A DISTANCE OF 637.89 FEET TO THE NORTH RIGHT OF WAY OF WEATHERBEE ROAD; THENCE RUN EAST 164.00 FEET TO THE POINT OF BEGINNING. (Location: North side of Weatherbee Road, approximately 500 feet west of South U.S. Highway No.1) B. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the change to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman Paula A. Lewis XXX Vice-Chairman John D. Bruhn XXX Commissioner Frannie Hutchinson XXX Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX File No.: RZ-04-019 August 17, 2004 Resolution 04-100 Page 2 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 PASSED AND DULY ADOPTED This 17'h Day of August 2004. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY ATTEST: Deputy Clerk hf H:\WORD\Petitions\BCC\Finished.04\Phi IAm. RZ\PhilAm RES.doc File No.: RZ-04-019 August 17, 2004 Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Resolution 04-100 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ~~ Exhibit A Maps • General Location Map • Area Subject to the Change in Zoning File No.: RZ-04-019 August 17, 2004 Resolution 04-100 Page 4 ;OFFICIAL- SUBJECT TO Y~~.?~IN1N6 8 Z01 AGENDA ITEM 2: PHIL-AM INVESTORS INC. -FILE NO. RZ-04-019: C~~tMISSION APPi~11A~ Mr. Hank Flores, presenting Staff comments, stated that Agenda Item # 2 was the application Phil Am Investors, Inc., for a Change in Zoning from the I (Institutional) Zoning District to the CG (Commercial, General) Zoning District for 2.4 acres or property located at 415 Weatherbee Road. Mr. Flores continued that the petitioner is proposing to combine the subject property with a 4.35 acre parcel of property located to the east at the northwest corner of the intersection of South U.S. Highway No.l and Weatherbee Road in order to develop a BMW automobile dealership. Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in the Land Development Code and is not in conflict with the Comprehensive Plan. Staff is, therefore, recommending that this Board forward a recommendation of approval to Board of County Commissioners. Chairman Hearn questioned if the applicant or their representative were present. Mr. Jonathan Ferguson, Ruden McClosky, stated that he was there representing the petitioner, Phil Am, and the contract purchaser who is buying the property from Phil Am. He stated that the staff report was complete with regards to what they want to do. He also stated that there is a section of commercially designated land use properties that runs 600 feet east and west of US No. 1, running north and south. He continued that this piece of property is within that commercially designated area. He stated that commercial property surrounds the subject property and immediately to the west is vacant property with a high density land use designation. Mr. Trias questioned if the project was contiguous to the City of Fort Pierce. Mr. Ferguson stated that it is on the northwest corner adjacent to the City of Fort Pierce. He also stated that Fort Pierce Utilities Authority (FPUA) would provide utilities to the project. Mr. Trias questioned if the property owner's signed an annexation agreement. Mr. Ferguson confirmed that they would be signing an annexation agreement once the property is officially closed on. Chairman Hearn opened the public hearing. Seeing no one, Chairman Hearn closed the public hearing. Ms. Hammer questioned if staff had any thoughts about having a uniform signage code for new businesses along U.S. Highway 1. Mr. Kelly stated that Chapter 9 of the Land Development Code referenced the County's sign standards and regulations. He advised that the section had not been modified in several years and any sign permits would have to be consistent with the code. He also stated that he did not believe any modifications were currently being done at this point in time. Ms. Hammer stated that she would like to have staff take a look at that section of the code since the signs along U.S. Highway 1 are a reflection of the community. Chairman Hearn stated that signs are an issue along U.S. 1 and might be something the County should look into. P&Z / LPA Regular Meeting July 15, 2004 Page 5 of 25 '~ SUBJECT TO PLANNIM6 8 ~~M~f~.Sl®AI 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 11.06.03, St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Phil Am Investors, Inc. for a Change in Zoning from the I (Institutional) Zoning District to the CG (Commercial, General) Zoning District because I think it is more consistent with the area of US 1 and that four corner area creates less of a problem in the future than having Institutional zoning in between those areas. Motion seconded by Ms. Hammer. Ms. Hammer stated that she hopes the applicant takes their comments regarding signs into consideration. Upon a roll call vote the motion was unanimously approved (with a vote of 6-0) and forwarded to the Board of County Commissioners with a recommendation of approval. vrourrl~If~-1,-~ ZONII~ APPR~YA~ P&Z / LPA Regular Meeting July 15, 2004 Page 6 of 25 ST. LUCIE COUNTY BGARG Of COMN9ISSIONERS PUBLIC HEARING AGENDA August 17, 2004 TD WHOM IT MAy CONCERN' NOTICE Ia hereby gwen in ucortlance wnh Section 17.00 03 of the 51 Woe Coumy Land Devalopmanl Code antl in accordance won me provisions of the St. Lucie County Comprehensive Plan that the following applicantshava requested that the 91. Lune County Board of Commissioners consider then following requests. JOSEPH K. LOPE2, far a Conditional Use Permn to allow for the openvan of a landscaping and lawn meinlenance 4cdny m the AR~1 (Agricultural, ReH- penhal-I du/acrd Zoning Dislncl for the following described Droperiy 32 35 a0 SW 1/4 OF SW v4 OF SW v4 ~ LESS RD R/VV 0119.62 AG (OR 255- 7271 location. East side of Salvi¢ Road. apDroslmalely 2.700 feel nunh of the m~ leraecuon of Midway Roed and Setviv Road OCEAN FOURS DEVELOPMENT CORPORATION, fur a Chanye in Zoning from the AR~t (Agnculwral, Residential ~ 1 duiacrel Zoning District to ;ne PUD IPlanned Unit DaveloDmem ~ Lone Rnal Zonng Diclricl for the following tle~ scribed prbperry- BEING APARCEL OF LAND LYING OVER A PORTION OF TRACT 'I', "J". "K" & "l' AS SHOWN ON THE PLAT SHOWING THE ADJUSTMENT OF PROPERTY LINES OF MOORE, HOEFLICH, BACMARACH, BRAOv & HAMMONO. AS RE~ CORDED IN PLAT BOON 3. PAGE 6d, PUBLIC RECORDS OF ST. LUGE COUN- TY, FLORIDA, SAID PARCEL BEING A PORTION GF THE LANDS 45 DE- SCRIBED IN OFFlCIAL RECORD BOOK 1306, PAGE 1080. LYING IN THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 76 SOUTH, RANGE 40 EAST; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOL- LOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 9, PRO CEED SOUTH 89 DEGREES 45'09" WEST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9, A DISTANCE Of 7317.89 FEET 70 A POINT ON THE WEST LINE OF THE EAST ONE-HALF OF THE NORT~~ EAST QUARTER OF SAID SECTION 9; THENCE SOUTH 00 DEGREES 16'24 EAST, DEPARTING SAID NORTH LINE, AND ALONG SAID WEST LINE. A DISTANCE OF 2.639.34 FEET TO A POINT ON THE SOUTH MAMMOND LINE, AS SHOWN ON SAID PLAT OF ADJUSTMENT OF PROPERTY LINES, SAID POINT IVING 15.30 FEET MORE Ofl LESS NORTH CF THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER, OF THE NORTHEAST QUARTER' OF SAID SECTION 9; THENCE NORTH B9 DEGREES d1'31" WEST, DEPART- LNG SAID WEST LINE, ANO ALONG SAID SOUTH HAMMOND LINE. AND ALONG THE SOUTH LINE OF THE LANDS DESCRIBED IN SAID OFFICIAL RE~ SAID PARCEL CONTAINING 16.70 ACRES, MORE OR LESS. SUBJECT TO: AN EASEMENT 25 FEET IN WIDTH OVER THE SOUTH 25 FEET Of THE I AROVE DESCRIBED PROPERTY, WHICH EASEMENT WAS CREATED AND 15 DESCRIBED IN THAT DEED RECORDED W O.R BOOK 1fi55, PAGE 1793, PU BUC RECORDS OF ST. LUCIE COUNTY, FLORIDA Location West side of Citrus Avenue. approximately 1,100 feet south of Mal lard Coun INOnh Fork Esl,aasl. PHILAM INVESTORS, INC., fur a Chanye m Zumny Irom the I Ilnsh whw+an Zuniny Disulcl to lne CG ICommeraal. General) Zoning D~suicl fur the tub lowing deuribed property 7ME EAST 164 FEET OF THE FOLLOWIIJG FROM. THE SOUTH 114 CORNER OF SECTION 74. TOWNSHIP 76 SOUTH, RANGE 40 EAST, RUN WEST 494.71 FEET 70 THE EAST LINE OF THE WEST v4 OF THE SOUTHEAST t/d OF THE SOUTHEAST La OF THE SOUTHWEST ', va OF SAID SECTION 34; THENCE RUN WEST 659.58 FEET TO THE WEST ~' LINE OF THE EAST 7/4 OF THE SOUTHWEST t/4 OF THE SOUTHEAST 114 OF THE SOUTHWEST 114 OF SAID SECTION 34, THENCE RUN SOUTH 315.52 FEET; THENCE RUN EAST 734.35 FEET; THENCE SOUTH 321.05 FEET TO THE NORTH RIGHT OF WAy OF WEATHERREE ROAD: THENCE RUN EAST 524.56 FEET TO THE POINT OF BEGINNING. FROM THE SDUTM ild CORNER OF SECTION 30, TOWNSHIP 35 SOUTH, RANGE 00 EAST, ST. LUCIE COUNTY, FIORIDq RUN WEST d9d.37 FEET 70 THE EAST LINE OF THE WEST t/4 OF THE SOUTHEAST t/4 OF THE SOUTH- EAST 114 OF THE SOUTHWEST 174 OF SAID SECTION 3d; THENCE RUN N.00 DEGREES 55'S4'E, A DISTANCE OF 30 FEET TO THE POINT Of BEGIN NING; THENCE CONTINUE N.00 DEGREES 55'54'E, A DISTANCE OF 637.19 FEET; THENCE RUN N.89 DEGREES 47'75"W, A DISTANCE OF 76 d.00 FEET; ~I THENCE flUN 5.00 DEGREES 55'55`W. A DISTANCE OF 637.69 FEET TO THE NORTH RIGHT OF WAV OF WEATHERBEE ROAD: THENCE RUN EAST 164.00 FEET TO THE POINT Of BEGINNING. Location: North side of WeatherDae Road, aoDroximately 500 Iee1 west of South LLS. Highway No. 1. JAMES L LONG. Ior ^ Changge m Zoning Irom the RS~41Residenbal. Singte~ Family - 4 tlulserd Zonng Olslnct so the PUD IPlanned Umt Developmen[ Oakland EFUUf) Zoning Disbict for the following described proDaM: THE EAST 1/4 OF THE SOUTHEAST 1/d OF THE SOUTHEAST tld OF SECTION 11, TOWNSHIP 34 SOUTH, RANGE 39 EAST, AS RECORDED IN THE PUBLIC RECORDS Of ST. LUCIE COUNTY. SAIp PARCEL CONTAINS 70.59 ACRES MORE OR 1E55. THAT PART OF THE EAST 117 OF THE SOUTH EAST 114 OF SECTION 1 t, TOWNSHIP 3d SOUTH, RANGE 39 EAST, AS RECORDED IN THE PUBLIC RE- CORDS OF SL LUCIE COUNTY. FLORIDA AND BEING MORE PARTICULAR LY DESCRIBED AS COMMENCING AT THE SOUTH EAST CORNER OF THE SOUTH EAST 1/d OF SOUTH EAST 1/1 THENCE RUN N 00 DEGREES 78'59"W ALONG THE EAST LINE OF SOUTH EAST trd OF SOUTH EAST 114 A DISTANCE OF 35.00 FEET TO THE POINT OF BEGINNING: THENCE RUNS 99 DEGREES 39'00"W 4N0 PARALLEL i0 THE SOUTH LINE OF SAID SOUTH EAST l/4 OF SOUTH EAST 114 A DISTANCE OF 666.76 FEET: THENCE RUN N 00 DEGREES d3' 77"W A DISTANCE OF 1761.29 FEET TO A POINT 35.00 FEET SOUTH OF THE NORTH LINE OF SAID SOUTH EAST 1/4 OF SOUTH EAST t/1; THENCE RUN N 99 DEGREES 77'46"E A DISTANCE OF 66195 FEET TO 7HC EAST UNE OF SAID SOUTH EAST v4 OF SOUTH E45T t.i: THENCE RUNS 00 DEGREES 79'79' W A DISTANCE OF 7763.87 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 19.46 \ I ACRES MORE OR 1E55. n,/ Lonunn NE corner al HummmgDirtl Way and Palomar Drive ILabwood p /~ I Pars) ( \\ ~1 PUBLIC HEARINGS will Da Mld in the Commission Chambers, Roger Poitras \ / 1 Annex, 7rd Floor, St. Lucca Coumy AUmmislution Building. 7300 Vuglma \ Ave e, Forl Pierce, Florida on August 3, 7004, Degmrnng a1 6:W P.M or as + soon llierealler as possrbl6. PURSUANT TO Section 796.0105. Flontle Slawus, it a person decides to ep~ peal any decision made Dy a board, agency, or commission wnh respen so any metier roneideretl aI a meeting or heating, he will neetl a recortl of the proceedings. and Ihal br wch purposes, na mry roved to ensure that a ven hatim record OI the prpefadings r4 made. which ruord includes Ina IBalirtW- ny and evidenFe upon which the aPPeal is to be Dosed. 7, 20Dd 722608 aoAR~ of COUNTY COMMISSIONERS August 7, 2004 ST. CO LU UN CIE TY ----~~ ~~,. `F L O R L D A. GROWTH MANAGEMENT In accordance with the St. Lucie County Land Development Code, you are hereby advised that PHIL-AM INVESTORS, INC., Ilas petitioned St. Lucie County for a Change in Zoning fi•om the I (Institutional) Zoning District to the CG (Commercial, General) Zoning District for the following described property: Location: North side of Weatherbee Road, approximately 500 feet west of South U.S. Highway No. 1. 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 August 17, 2004, County Commissioner's Chambers, St. Lucie County Administration Building Annez, 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 ,;omments 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 adate-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. LLICIc: County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call (772) 462-1582 if you have any questions, and refer to: File Number RZ-04-019. Sincerely, ST. LUCIE COUNTY BOARD OF COMMISSIONERS ~ == ' Paula Lewis, Chair JOHN D. [3RUHN, District No. 1 DOUG COWARD, District No. 2 PAULA A. LEWIS, District No. ~ • FRANNIE HUTCHINSON, District No. 4 CLIFF DARNES, District No. 5 County Administrator -Douglas M. Anderson 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 Planning: (772) 462-2822 GIS/Technicol Services: (772) 462-1553 Economic Development: (772) 462-1550 Fox: (772) 462-1581 Tourist Development: (772) 462-1529 Fox: (772) 462-2132 www.co.st-lucie.fl. us ~/' Planning and Zoning Commission Review: 07/15/04 File Number RZ-04-019 MEMORANDUM GROWTH MANAGEMENT DEPARTMENT TO: Planning and Zoning Commission FROM: Planning Manager DATE: July 8, 2004 SUBJECT: Application of Phil Am Investors, Inc., for a Change in Zoning from the I (Institutional) Zoning District to the CG (Commercial, General) Zoning District. LOCATION: 415 Weatherbee Road. North side of Weatherbee Road, approximately 500 feet west of South U.S. Highway No. 1. EXISTING ZONING: I (Institutional) PROPOSED ZONING: CG (Commercial, General) FUTURE LAND USE: COM (Commercial) PARCEL SIZE: 2.4 acres PROPOSED USE: Auto Dealership PERMITTED USES: Attachment "A" -Section 3.01.03(S) CG (Commercial, General) - contains the designated uses, which are permitted by right, permitted as an accessory use, or permitted through the conditional use process. Any use designated as a "Conditional Use" is required to undergo further review and approvals. Any use not found within the zoning district regulations are designated as prohibited uses for that district. SURROUNDING ZONING: CG (Commercial, General) Zoning is located to the north, east and south. RM-11 (Residential, Multiple-Family - 11 du/acre) is located to the west and north. SURROUNDING LAND USES: The general existing use surrounding the property is commercial and residential to the west. July 8, 2004 Page 2 FIRE/EMS PROTECTION: UTILITY SERVICE: TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: SCHEDULED IMPROVEMENTS: TYPE OF CONCURRENCY DOCUMENT REQUIRED: Subject: PhilAm Investors, Inc. File No.: RZ-04-019 The Future Land Use Classification of the surrounding area is COM (Commercial) to the east, north, and south. RH (Residential High) to the west and north. Station #6 (350 East Midway Road), is located approximately 0.75 mile to the south/east. The subject property is in the Ft. Pierce Utilities Authority (FPUA) service area. The right-of-way width for Weatherbee Road varies along this area. The right-of-way width for Weatherbee Road in the area of the proposed rezoning is 30 feet. Any proposed development will be required to donate a minimum of 15 feet of frontage for right-of-way. None. Concurrency Deferral Affidavit. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed zoning district is consistent with the St. Lucie County Land Development Code and has met the standards of 11.06.03. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed change in zoning is consistent with all elements of the St. Lucie County Comprehensive Plan. The request is compatible with the COM (Commercial) Future Land Use Classification, which designates the subject property for commercial/industrial uses. July 8, 2004 Page 3 Subject: PhilAm Investors, Inc. File No.: RZ-04-019 Policy 1.1.1.1 of the St. Lucie County Comprehensive Plan establishes maximum lot coverage by buildings for the COM (Commercial) Future Land Use Category as 50 percent. Any proposed development of the subject property shall be allowed a maximum lot coverage by buildings of 50 percent. Policy 1.1.9.5 of the St. Lucie County Comprehensive Plan stipulates that St. Lucie County shall develop and implement a tree and upland habitat protection ordinance to prohibit the premature clearing of land and the destruction of native habitats. Any proposed development of the property will be required to apply for a vegetation removal permit and meet all applicable mitigation requirements. Policy 1.1.9.10 of the St. Lucie County Comprehensive Plan requires that the developer of any site shall be responsible for the on-site management of runoff in a manner so that post-development runoff rates, volumes, and pollutant loads do not exceed pre-development conditions. Any proposed development of the property would be required to meet all requirements pertaining to the pre- treatment of runoff prior to possible drainage off-site. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed CG (Commercial, General) Zoning District is consistent with the existing commercial uses in the areas along South U.S. Highway No. 1. The properties to the north and south are commercially designated. 4. Whether there have been changed conditions that require an amendment; Conditions have not changed so as to require an amendment. The applicant would like to develop the subject property for an automobile dealership. In order to do so, a rezoning to Commercial General is necessary. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed• amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The intended use for this rezoning is not expected to create significant additional demands on public facilities in this area. Any development will need to demonstrate that there are adequate public facilities in the area to support any proposed use. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. Any development will be required to comply with all state and local environmental regulations. July 8, 2004 Page 4 Subject: PhilAm Investors, Inc. File No.: RZ-04-019 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; The proposed amendment would ultimately result in an orderly and logical development pattern. The subject property is located in an area of general commercial uses. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment is not in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code and Comprehensive Plan. The surrounding area is considered commercial for any future development. COMMENTS The petitioner, PhilAm Investors, Inc., has requested a change in zoning from the I (Institutional) Zoning District to the CG (Commercial, General) Zoning District on property located at 415 Weatherbee Road on the north side of Weatherbee Road, approximately 500 feet west of South U.S. Highway No. 1. If the rezoning is approved, the applicant is proposing to combine the subject property with a 4.35 acre parcel of property located to the east at the northwest corner of the intersection of South U.S. Highway No.1 and Weatherbee Road in order to develop a BMW automobile dealership. The surrounding area is considered commercial for any future development. Attached is a copy of Section 3.01.03(S) - CG (Commercial, General), of the St. Lucie County Land Development Code, which delineates the permitted, accessory, and conditional uses allowed in this zoning district. If a change in zoning is approved, the applicant, by right, would be allowed to establish any of the uses under the Permitted Uses section. Any use under the Accessory Uses section would be allowed only if one or more of the permitted uses exist on the subject property. Any use under the Conditional Uses section could only be allowed if it first receives approval through the Board of County Commissioners. 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 is, therefore, recommending that this Board forward a recommendation of approval to Board of County Commissioners. Please contact this office if you have any questions on this matter. Attachment hf cc: County Administrator County Attorney Jonathan Ferguson File Suggested motion to recommend approval/denial of this requested change in zoning. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF PHIL AM INVESTORS, INC., FOR A CHANGE fN ZONING FROM THE I (INSTITUTIONAL) ZONING DISTRICT TO THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT, BECAUSE .... [CITE REASON[S] WHY -PLEASE BE SPECIFIC]. MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF PHIL AM INVESTORS, INC., FOR A CHANGE IN ZONING FROM THE I (INSTITUTIONAL) ZONING DISTRICT TO THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT, BECAUSE.... [CITE REASON[S] WHY -PLEASE BE SPECIFIC]. ~ ;i 4 ~' , L ~ ~ ~ O _ ~ ' i\ ~ > O ~, Y 1'~'- ~~~~ ~ ~ ~ s y"' io ~ a ~ ti ~~l l Q ., l~~~rj ~. . -_ :' _ __ 5 LC 1. raw woo tsr~"--~ a .. M ~,~ - -- ,, ~, . , .Y. or ar.w3 ' ... " ~ ~s~ ;f ~, -' = ~ u3 ~F \ ,- ' 3 _ .- , ~ ~ ~~ w 4 ~~ ~ ,~ , ` r r . , AAA ~ _ ~.' ~ ~J~ :. ~~ ~ tU ,a W er" ~ .. . ~ .~ . ' .~i r iaY10nI7D j r r r~oNno 4~ ~ tA~Otlf j ~ b~ k ~ f esio ^ W O ~ p t- P t ' ~ ~ 7At YrIIlD ~ ~ , ~~ ~ ' a va ~t ~ ~ ~ '` "ft Sl9 ~ ? " ~'.r!i s arcs is Q$ ~ ~ E ~ i q; wn r rwa -~ 3 ~ sP'lA'~~ ~~ ~ ~_. _~ ;y , OI rt111 j Or71N7]j t • . f j 4 W r)3r ` a s«n«s i a ~ ~~ pe ~ 6 II i afar AIttO gUtl ~,~~ ~ N ! ytl Q a ally AOAK flL At i, S9tt lL ~~ ~ l1t7 yy a ~ q ~ OtaY 3'IOM•gS t1i li ~ ~ ~ ~-+ ~+ w a - ~' k Q ~ 3{ W 1M3At MafY3l'3 OtaY rOl fMlp' j! ~ ~ ~/ 'Gp P i W . ~ ~ ~ U ~ '' ~ F ~ a.a roumor a tsi L Q '~- ~ ac 70t ~ a I /, J YM, ,/'~~~ j S at011 pNa7 " M OtOr ~ rv~ ~~ Z 1 ~~ O _ ' ~~ ataY N1rK7701a1 F, . („) ~ ~ ~ ~ ~ Z ~ ' ota ^.~s O ata siorarorl i> ator ~i nrtr U ~ i' I ;1 afar item r3at7~ I o~ ~ ! z W W F ~ Or 7b~1 T~~' W ~ I y i' Q n 2 ~ ' y Y b OtOY a7iri ~~ " 1; star rallrq ~ C Z ~ E ~ Z ~ W W n ' tai n ~ ~ ~~ K S 6t 1 S Sf 1 S 9t 1 l.1Nf100 3380H033~10 A Petition of PhilAm Investors, Inc. fora Change in Zoning from the (Institutional) Zoning District to the CG (Commercial, General) Zoning District. 0 z >, 0 v~ RZ~ 04-019 This pattern indicates subject parcel This pattern indicates City of Ft. Pierce v7 /J s~-:~~~ ~ kry-4 GIS ,. ,-. Map prepared June 14, 2004 inlannalion pOCa~le. A u nol inYnMO lar uN u ~ kalN tintli.q COGlnM1~. Zonin PhilAm Investors, Inc. re z 0 3 ,s ~, . ..., _ -C i RZ 04 019 ~"~,~.in linu.~~~` r ~~] GtS '~ ~~- L1~1~ This pattern indicates subject parcel ~~.~_ Map prepared June 14, 2004 This pattern indicates City of Ft. Pierce ~b °~ °~°^~° °•~ ~°° ~° ~^°• ~• °~°~a°°^•~° °~~u• ~ RM-11 ~4 i i ad ~~ ~ 4 I ~- ~ R4 °' v ~ o N ~ c 1 M-1 CG Rood M-11 R4 9c~ t UPI Land Use PhilAm Investors, Inc. Z 3 /J i#F~i '.. ~~~~ -~ ~~. RZ 04-019 ~~°~is~~~.,,f _ . .- This pattern indicates subject parcel Map prepared June 14, 2004 m~. °wa n.. ees~ wmnra ro~c.~..~vw,~°u .°a rna.nc° wrv°... o°a. This pattern indicates City of Ft. Pierce ~~ °~°ry°°°^^~ °°°° ~°° a °~°~^°° ~° ~~°°°~° °~~~° N inlortn°~'ipn poe°d°, R w nd MenEetl for ub Y ° kp°iy dneirp tlacwne~t. i i f~M i Tumblin Klin Rood L ~ _ I i I L- RM RM i J O ~ N o O a' c Rood RM I ' ~~ U PhilAm Investors, Inc. ,; _~ ~~ r ~ a; 1 4, • 1 9 j / ` ~ Yr 1 ' ' a ~ ~ "~ !-~~7' `i ~ 3 !i(A r ~'.•~~r.. ',.~,a~ - - ,ate rr • ~ r e . Z+ ~r -~-,-~ . RZ 04-019 C~ This pattern indicates subject parcel This pattern indicates City of Ft. Pierce . s~ , .~ . ! Y ~ ,~~2 ,.. ~ • ~ '- , . + - r: ~ +~ r ,~` ~ .~..~.QS..,.. ~ ~ . ~ F _ . .t f F ,v, ~ ~ _ . . . A~, .n m, ~; ~- ~ j~ : ~..'` ,+R+: !' ate.+_.. 1 ~ ~~, '~1 L'!'+~~ r ~~ ~. t~ .r ^:. - i ° " ~ ` . _ Yi ~ •~ ~ ~• i l ' ,nc. . ~ - ~,. ~ .F ~+~. ~ ~ ~ .E°~ a~ ~ , . '~~~ t[ cis '.' --- Map prepared June 14, 2004 ,~a mao ~aa o~~ ~,~~~ ,« oana<~a~~~ .~ ,,,a,.~ o«~.a «~Y N ~,~a a~ry ~~~., ~a~ ,~a ,a «~~ ~~, mos~«,~am~d .~„v. wmaean Pma~de. u.s na mienaea i« we a iepa~y p~wvp eoa,mani. X. ~ INSTITUTIONAL Purpose Section 3.01.03 Zoning District Use Regulations The purpose of this district is to provide and protect and environment suitable for institutional, public, and quasi-public uses, together with such other uses as may be compatible with institutional, public, and quasi-public surroundings. The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(6). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2, Permitted Uses a. Community residential homes subject to the provisions of Section 7.10.07. 1999) b. Family day care homes. t99s) c. Family residential homes provided that such homes shall not be located within a radius of one thousand (1000) feet of another existing such family residential home and provided that the sponsoring agency or the Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) d. Institutional residential homes. (999) e, Parks. 1999) f. Police & fire protection t9zz,,9zza) g. Recreational activities. t99s) h. Religious organizations toss) 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. Amphitheaters. 1999) b. Cemeteries. tsss3) ~ c. Membership organizations tes) d. Correctional institutions. t9zz3) e. Cultural activities and nature exhibitions. ts99) f. Educational services and facilities tez) g. Executive, legislative, and judicial functions. (9,,9z,93,94,ss.96.97) Adopted August 1, 1990 132 Revised Through 08/01/00 Section 3.01.03 Zoning District Use Regulations ~. h. Fairgrounds. (999> i. Funeral and crematory services. c~ze~ j. Theaters. c999) k. Medical and other health services. (eon I. Postal service. (•3) m. Residential care facilities for serious or habitual juvenile offenders. c999i n. Social services ces) o. Sporting and recreational camps c~o3z> p. Stadiums, arenas, race tracks c~9a~ q. Telecommunication towers -subject to the standards of Section 7.10.23 (999) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Drinking places (alcoholic beverages related to civic, social, and fraternal uses). c999) b. Restaurants. (Including the sale of alcoholic beverages for on-premises consumption only.) (999) c. Funeral and crematory services. c~ze) d. Heliport landing/takeoff pads. (999) e. Detached single-family dwelling unit or mobile home, for on-site security purposes. css9> f. Residence halls or dormitories. c999> Adopted August 1, 1990 133 Revised Through 08/01/00 ~, ~1Mr+` S. CG COMMERCIAL, GENERAL Purpose Section 3.01.03 Zoning District Use Regulations The purpose of this district is to provide and protect an environment suitable for a wide variety :;f commercial uses intended to serve a population over a large market area, which do not impose undesirable noise, vibration, odor, dust, or offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with general commercial surroundings. The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(8). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Adjustment/collection 8 credit reporting services c~sz~ b. Advertising c~3,t c. Amphitheaters cwt d. Amusements & recreation services -except stadiums, arenas, race tracks, amusement parks and bingo parlors a9t e. Apparel 8~ accessory stores css~ f. Automobile dealers css~ g. Automotive rental, repairs 8~ serv. (except body repairs) c~s,.~s3.~sa> h. Beauty and barber services pzanz,~ i. Building materials, hardware and garden supply csz~ j. Cleaning services »as~ k. Commercial printing c~- I. Communications -except towers c4e~ m. Computer programming, data processing 8~ other computer sere. ~3>> n. Contract construction serv. (office & interior storage only) c,sr,w,~t o. Guttural activities and nature exhibitions cs~> p. Duplicating, mailing, commercial art/photo. 8~ stenog. serv. v~~ q. Eating places cse,) r. Educational services -except public schools cez~ s. Engineering, accounting,. research, management & related services te>> t. Equipment rental and leasing services past u. Executive, legislative, and judicial functions ce,~sz~~sags~>> v. Farm labor and management services co~s~ w. Financial, insurance, and real estate csore,rsz~e~se~s~~t x. Food stores csat y. Funeral and crematory services ~zet z. Gasoline service stations ess„~ aa. General merchandise stores cs31 bb. Health services ceo) cc. Home furniture and furnishings cs>> dd. Landscape & horticultural services co~e~ ee. Laundry, cleaning and garment services pz,t ff. Membership organizations -except for religious organizations as provided in Section 8.02.01(H) of this code ce~~ gg. Miscellaneous retail (see SIC Code Major Group 59): (1) Drug stores cse,i Adopted August 1, 1990 118 Revised Through (T8/!J4!n0 Section 3.01.03 Zoning District Use Regulations 3. (2) Used merchandise stores css31 (3) Sporting goods Issa,l (4) Book & stationary cssez/ssasl (5) Jewelry cssaa~ (6) Hobby, toy and games tssas> (7) Camera & photographic supplies cssasl (8) Gifts, novelty and souvenir tssa~l (9) Luggage & leather goods cssoe> (10) Fabric and mill products cssasl (11) Catalog, mail order and direct selling tsssvssesl (12) Liquified petroleum gas (propane) tsseat (13) Florists cssszl (14) Tobacco tsss3l (15) News dealers/newsstands csssa~ (16) Optical goods cssss~ (17) Misc. retail (See SIC Code for specific uses) tssss~ hh. Miscellaneous personal services (see SIC Code Major Group 72): (1) Tax return services pzs,~ (2) Misc. retail (See SIC Code for specific uses) pzsst ii. Miscellaneous business services (see SIC Code Major Group 73): (1) Detective, guard and armored car services v~e,- (2) Security system services p3ezt (3) News syndicate o~83t (4) Photofinishing laboratories p3sa~ (5) Business services -misc. t~ses~ jj. Mobile home dealers tsz~t kk. Mobile food vendors (eating places, fruits &vegetables-retail) tsss~ II. Motion pictures peg mm. Motor vehicle parking -commercial parking & vehicle storage. psz~ nn. Museums, galleries and gardens ce+t oo. Personnel supply services p3s~ pp. Photo finishing services pae.t qq. Photographic services t~zzl rr. Postal services cs3) ss. Recreation facilities ts991 tt. Repair services ns) uu. Retail trade-indoor display and sales only, except as provided in Section 7.OO.Ot). csssl w. Social services: (1) Individual & family social services te3zress~ (2) Child care services eesst (3) Job training and vocational rehabilitation services cep) ww. Travel agencies cuz,l xx. Veterinary services tonal Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. ~` ~: C` ~. Adopted August 1, 1990 119 Revised Through 0801/00 ~' ' ' ~ ~. ~ 4. 5. 6. 7. 8 ~. ~° Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. Off-street Parking and Loading Requirements Off-street parking and loading requirements are subject to Section 7.06.00. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. Conditional Uses ~,.,~~~:,.,~ ~ n1.03 Zoning DisUict Use ld:guiations a. Adult establishments subject to requirements of Sec. 7.10.10. c~ei b. Drinking places (alcoholic beverages) -free-standing. cse,3~ c. Disinfecting & pest control services. p3oz d. Amusement parks. vest e. Go-cart tracks. cs~~ f. Hotels & motels. ~o,~ g. Household goods warehousing and storage-mini-warehouses tsss~ h. Marina -recreational boats only. c++es~ i. Motor vehicle repair services -body repair. ps3i j. Sporting and recreational camps. c~o3zi k. Retail trade: (1) Liquor stores. csez~ k. Stadiums, arenas, and race tracks. c»ai I. Telecommunication towers -subject to the standards of Section'T.iC~..~:'= c~x,;n Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and incltFd: a ~e a. Drinking places (alcoholic beverages as an accessory use to a restaurant anufor e iwic, social, and fraternal organizations). b. One single-family dwelling unit contained within the commercial builriinct, r,r a detached single-family dwelling or mobile home, (for on-site security purhoscs). c. Retail trade: (1) Undistilled alcoholic beverages (accessory to retail sale of food). Adopted August 1, 1990 120 Revised Through 08/01/00 wa1. LUCIE COUNTY PLANNING AND ZONING CCMMISSION PUBLIC HEARING AGENDA July 15, 2004 TO WHOM IT MAY CONCERN- NOTICE Is herby gwen .n sccordance wnh Section 11.00.03 al the S Lucla County Lind Development Codtl Intl m accordance wltn me yrovis,Dns 01 the Si. Lune County Comprenenvve Plsn. Thal the lallowlnq appl~Canls nave requested mat the St. luxe County Planning ana Zoning Commission con ender the follaw~ng requests: JOSEPH K. LOPEZ for a Condibanal Usn Permit tD allow lur Ihtl oparanon of a landscaping and lawn muntenan<e facdny .n IM AR~1 IAgncultural, Resr denoal ~ 1 tlWacrsl Zoning Distnct for tM following dexnbetl property. 32 35 40 SW 1/4 OF SW I/O OF SW 1/4 ~ LESS RD RAN - I7) 18.62 ACI TOR 255 717) Location: East side of Selvila Road. approalmately I,7001eet none of the im tersecnon of Midway Road and Selwtt Road. OCEAN FOURS DEVELOPMENT CORPORATION, for a CMnga in Zoning Irom me AR-1 (Apncullural, Residential . 1 du/acre) Zoning Disu~cl to the PUD (Planned Uml Developmam - Lorw Pine) Zoning Dstnct IoI the following de~ xnbe0 property. BEING A PARCEL OF LAND LYING OVER A PORTION OF TRACT "I°, "J". "K" 8 I "L" AS SHOWN ON THE PLAT SHOWING THE ADJUSTMENT OF PROPERTY LINES OF MOORE. NOEFIICH, BACHARACH, BRADV 6 HAMMOND, AS RE- CORDED IN PLAT BOOK 3. PAGE 64. PUBLIC RECORDS OF ST. WUE COUN- TY, FLORIDA, SAID PARCEL BEING A PORTION OF THE LANDS AS DE- SCRIBED IN OFFICIAL RECORD BOOK 1706, PAGE 1090. IVING IN THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 76 SOUTH, RANGE 40 EAST; SAID PARCEL BEING MORE P4R71CULARLV DESCRIBED AS FOL- LOWS. CFED SOUTH 85 NORTHEAST OL TO A POINT ON EAST OUAFITER EAST, DEPARTU DISTANCE OF Z, ' AS SHOWN ON POINT LYING 1 CORNER OF THE OF SAID SECTIC ING SAID WEST ALONG THE SOl CORD BOOK UO THE WEST RIGN RIGHLOF-WAY IF 1,608.61 FEET; T SAID SOUTH IINE; IMON BOUNDARY 1L RECORD BOOK t OFfICIAI RECORD iNER OF SAID SECTION 9: PRO ALONG THE NORTH IINE OF THE V 9, A DISTANCE OF 1317.89 FEET EAST ONE~HALF OF THE NORTH ENCE SOUTH 00 DEGREES 16'16' IND ALONG SAID WEST LINE. A DN THE SOUTH HAMMOND LINE, LENT OF PROPERTY LINES, SAID 9S NORTH OF THE SOUTHEAST Of THE NORTHEAST QUARTER DEGREES 41'31" WE57, DEPART SOUTH HAMMOND LINE. AND )ESCRIBED IN SAID OFFICIAL RE~ 'E OF 15.00 FEET TO A POINT ON i9 BOULEVARD IA 70 FOOT WIDE IN USE( AND THE POINT OF 8E~ DEGREES 61'31" WEST. DEPART- DALONG SAID SOUTH lINES. A DRTH OZ DEGREES 12'00" WEST, 1NCE OF 463.2 FEET TO A POINT NEEN THE LANDS DESCRIBED IN E 1080. ANO THE LANDS AS DE~ e, PAGE 1599. PUBLIC RECORDS TEE COURSES ARE ALONG SAID UISIANCF OF 698.00 FEET; THENCE NORTH g9 DEGREES 59'59' EAST, DISTANCE OF 808.50 FEET TO A POINT ON SAID WEST RIGHT-Of-WAt uNE OF CITRUS BOULEVARD: THENCE SOUTH o0 DEGREES 76'2a' EAST DEPARTING SAID COMMON LINES, AND ALONG SAID WEST RIGHi~OF WAV LINE. A DISTANCE OF 455.92 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 16.70 ACRES. MORE OR LESS. SUBJECT TO. AN EASEMENT 25 FEET IN WIDTH OVER THE SOUTH Z5 FEET OF THE ABOVE DESCRIBED PROPERTY, WHICH EASEMENT WAS CREATED AND IS DESCRIBED IN THAT DEED RECORDED IN O.R. BOOK 1655. PAGE 1793, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA Location: West side of Citrus Avenue, aDproaimately 1,t001eet south of Mal- lard Coup INartn Fork Esutasl PHIL-AM INVESTORS. IN[., for a Change In Zoning Irom the I Ilnshlulianal) Zoning Orsvmt to the CG ICommernal. General) Zoning D~slnct for the IDI- Iomng dexrlbed property THE EAST 161 FEET OF THE FOLLDWING'. FROM THE SOUTH 1l4 CORNER OF SECTION 74, TOWNS MIP 35 SOUTH, RANGE d0 EAST, RUN WEST d9a.71 FEET TO THE EA57 LINE OF THE WEST l/4 Of THE SOUTHEAST 114 OF THE SOUTHEAST ib OF THE SOUTHWEST l/4 OF SAID SECTION 34; THENCE RUN WEST 659.58 FEET TO THE WEST LINE OF THE EAST 3/4 OF THE SOUTHWEST 114 Of THE SOUTHEAST 1/4 OF THE SOUTHWEST i!4 OF SAID SECTION 30; THENCE RUN SOViH 715 51 FEET; THENCE RUN EAST 134.35 FEET; THENCE SOUTH 321.05 FEET TO THE NORTH RIGHT OF WAV OF WEATHERBEE ROAD; THENCE RUN EAST 526.96 FEET TO THE POINT OF BEGINNING. FROM THE SOUTH 1/d CORNER OF SECTION 34, TOWNSHIP 35 SOUTH, RANGE W EAST, ST. LUCIE COUNTY, FLORIDA RUN WEST 094.31 FEET TO THE EAST LINE OF THE WEST 1)a OF THE SOUTHEAST t/6 OF THE SOUTH EAST t/0 Of THE SOUTHWEST l/4 OF SAID SECTION 30; THENCE RUN N.00 DEGREES 55'Sl'E, A DISTANCE OF 30 FEET TO THE POINT OF BEGIN- NING: THENCE CONTINUE N.00 DEGREES 55'S1'E. A DISTANCE OF 637.19 FEET: THENCE RUN N.89 DEGREES 67'15"W, A DISTANCE OF 164.00 FEET; THENCE RUN 5.00 DEGREES 55'55"W, A DISTANCE OF 637.89 FEET TO THE NORTH RIGHT OF WAV OF WEATHERBEE ROAD; THENCE RUN EAST 164.00 FEET TO THE POINT OF BEGINNING. .ocalion North sitle of Waetnerbee Road, approsimawly 500 teat west DI South U.S. Highway No. 1. TAMEST. LONG, for a Change in Zoning from iM RS-41Residential, Single- Famdy - d duAaal Zoning Distnct to the PUD (Planned Unit Development - Oaalan0 Esul¢sl Zoning District /or tM lollowing describatl properly: 'HE EAST 114 OF THE SOUTHEAST 1w OF THE SOUTHEAST t/4 OF SECTION 11, TOWNSHIP 34 SOUTH, RANGE 39 EAST, A5 RECORDED IN THE PUBLIC RECORDS OF ST LUCIE COUNTY. SAID PARCEL CONTAINS 20.59 ACRES MORE OR LESS. "HAT PART OF THE EAST vl Of THE SOUTH EAST v4 Of SECTION 71, TOWNSHIP 34 SOUTH, RANGE 39 EAST, A5 RECORDED IN THE PUBIIC RF CORDS OF 5T LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULAR LV DESCRIBED AS COMMENONG AT THE SOUTH EAST CORNER OF THE SOUTH EAST v4 OF SOUTH EAST iW THENCE RUN N 00 DEGREES 38'59"W ALONG THE EAST LINE OF SOUTH EAST 1!4 OF SOUTH EAST 1/4 A DISTANCE OF 35.00 FEET TO THE POINT OF BEGINNING: HENCE RUNS 69 DEGREES 39'00"W AND PARALLEL TO THE SOUTH UNE OF SAID SOUTH EAST tld OF SOUTH EAST lr4 A DISTANCE OF 666.16 FEET: THENCE RUN N 00 DEGREES 63.37"W A DISTANCE OF 1261.19 FEET TO A POINT 35.00 fEET SOUTH OF THE NORTH LINE OF SAID SOUTH EAST 1/a OF SOUTH EAST 1/6; THENCE RUN N 89 DEGREES 22'66°E A DISTANCE DF 687.65 FEET TO THE EAST LINE OF SAID SOUTH EAST 110 OF SOUTH FAST 1/4; THENCE RUN S 00 DEGREES 3679' W A DISTANCE OF 1167.61 FEET TO THE POINT OF BEGINNING SAID PARCEL CONTAINS 16 06 4CRE5 MORE OR LE55 ouuon: NE corner of Hummingb~rd Wey and Palomar Drive Ilaatlwaud sarkl UBLIC HEARINGS will W Mltl in the Commission CMmbers, Rogan Poitras dnnaa, 3rd Floar, SI ' .• Coumy Admmisvauon Building. 2700 Vugmis 4vanua, Fort Rance, Honda on July 15, 2004. beginning at 7:00 P. M. or as loan thereafter as pouibla URSUANT TO Section 266.0105, Flonda Stawtes, if a person decides to sp- leal any tletlsion made Dy a board, agenty, ar commission wdn respen tD my mNNr Conbderatl al a meeting or haanng, M will Me0 a record pl Ne rrpceedinga. and tML for wch purposes, M may need to ensure that a ver~ ratim record of IM procaadinyys is made, which record Includes tM testimo~ ry antl widanca upon NAich tM appeal M IO be Daced. ANNING AND ZONING COMMISSION I )CAL PLANNING AGENCY F. LUCIE COUNTY, FLORIDA 1 Arson M urdy, CMuman 18LISH DATE: Juty t, 2006 677634 aOARD OF COUNTY COMMISSIONERS ST. CO LU UN CIE TY _ ~ - r~1. ~, , . F L 0 R 1 D A ' July 2, 2004 COMMUNITY DEVELOPMENT DIRECTOR In accordance with the St. Lucie County Land Development Code, you are hereby advised that PHIL-AM INVESTORS, INC., has petitioned St. Lucie County for a Change in Zoning from the I (Institutional) Zoning District to the CG (Commercial, General) Zoning District for the following described property: Location: North side of Weatherbee Ruad, aplrr!~~cimately 500 feet west of South U.S. Highway No. 1. THE PROPERTY'S LEGAL DESCRIPTION IS AVE`,ILABLE UPON REQUEST The first public hearing on the petition will be held at 7:00 P.M... cr as soon thereafter as possible, on July 15, 2004, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons wiil 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 io the Planning and Zoning Commission at least 3 days prior to a scheduled hearing. County policy discourages communication with individual Plar.::rlg and 7.onim~ Commission and County Commission on any case outside of the scheduled pub'i; i;e,+rirk ~ . You may speak at a public hearing, or provide written corments 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 ensul-e 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 adate-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Conununity Services Director at least forty-eight (48) :u~~urs prior to the meeting at (77?) y62- 1777 or T.D.D. (77?) 4G~ 1-I28. If you no longer own property adjacent to the above-described p irc.?l, ple:~se forward this notice to the new owner. Please call (772) 462-1582 if you have any gL:~atlims, and :~e ter to: File Number: RZ-04-019. Sincerely, ST. UCIE COUNTY PLANNING AND ZONINI~ C,rOMMISSION r~GG-'~-".~r~ ~~ ~' `fit-tC~C- ' ~ ~~ ~~` _~"! Carson McCurdy, Chairman l JOHN D. DRUHN, District No. 1 DOUG COWARD, District No. 2 PAULA A. LEWIS, District No. 3 FRANNIE HUTCHINSON, District No. 4 CLIFF DARNES, District No. 5 County Adminisrroror - Douglos M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34982-5652 Administrotion: (772) 462-1590 • Plopping: (772) 462-2822 GIS/Technicol Services: (772) 462-1553 Economic Development: (772) 462-1550 Fox: (772) 462-1581 Tourist/Convention: (772) 462-1529 Fox: (772) 462-2132 www.co.st-lucie.fl.us a y O C y ~ E o a 0 o y D w c ~~ w E « p yU C C O Q > - O aN ~ O w ~ N ~ c a ~ V pNp 0 (O ~ N ~ M M M O I~ M M M M ~ M ~ M ~ M 0 M ~ CO 0 M ~ ~ ~ B to O O O O 'V O O 0 N 0 N 0 N 0 O M I~ O f0 O CO 0 (O 0 O 0 O 0 f0 0 CC 0 (O 0 f0 0 (0 O f0 0 f0 0 CO 0) f0 O f~ tt (0 O O O I~ O ~ O n O O f~ 0 M 00 M Op N 00 N DO N OD N OD N OD N 00 N 00 N Op N 00 N 00 N OD N CD N 00 N 00 N N N N N OJ 00 N ~ N N N N N N N N CO d 0 0) 0 0 0 0 0 0 0 01 0 0 QI 0 0 0 ~ 0 W 0 00 0 00 0 Op 0 ~ LL) 00 0 0 O 0 O Q) O 0 O 0 O 0 O 0 W 0 O 0 ~ M CF M ~ M a M C M ~ M ~ M V M V M ~ M ~ M ~ M ~ M ~ M V M V M 7 M [)' M ~ M ~ M ~ M a M M M M M ~ M V' M ~ M ~ M ~ M R M 'V M a M R M ~ M CO ~ y w fq J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL Q d J LL J LL y 7 a1 7 0 y 0 p~ 0 y U U U U U U ` U ~ U ~ y J U y U U y ` a`~i ~ ~ ~ yy U y yy C) yy U y yy U U yy U yy f~ E ( ~ 7 yy U J J y ' N N N ' y U ` N N y ' N N N N y y N N N N N () U N N N N N N y N y n 0 J N cn v~ a a a a u , a a a. a a a a a 'a d u~ n. a 'a. d _ _ a r 'a 'a a a a 'a a ~ = . -~ <n a " o 0 0 0 o a o _ a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o ~ . 0 V d d LL LL LL Z LL LL LL LL LL LL LL LL LL LL LL LL d LL LL LL LL U U a LL fA o LL 0 LL 0 LL 0 LL 0 LL 0 LL 0 LL 0 LL d 0 d 0 LL N l~ O LL .y. ~ _ U y 'c ~ fO m ~ ~ ~ 'O '0 'O 'O 0 ` ~ Q ~ ~ ~ ~ ~ '- Y L_ 7 ~ O 3 Q' ~ Q' ~ d' Q' Q' ~ C J y y ~ (0 ~ O 'O Q' C 0 tp f9 f0 'p Q f0 ~ O Cn 0 0 0 o L _c Q c c c c c g •o o a > > m m 3 L = y d 3 L 3 L 3 L ~ - E E S c J c J c J c J c J c J `1 C c J y Y C Y C Y C Y C Y C E - o 3 y ~ Q Q c c _ m _ # a y y S 2 S a 0 N ~ C ~ O N U U ~ to 0 rn 0 tyn O vyi O tyn O N a E y •y ~ a a a a _ 2 ~' = y ~ O C y O C y y u) S U L V Cn ~ ~ ~0 C p (n S u) ~ u) S ~ x O ~j ~ w W ~ W U ~ O ~ O ~ ~ ~ ~ O ~ O 2 ~ H O ~ m m E > H E > F E > 1- E > F- E ~ H W cn Y ~ o ~ o ~ ~ ~ ~ ~ ~ m m V~ y ~ m Cn tn ~ tA N y > m 0 ~ Z ~ ~ .O 10 fNO CO 0 ~ 0 VN ~ Q Z N R O V N V O ~ 01 ~ O N V ~ M t0 M t0 M f00 O ~ ~_ (O O O ~ O r N t~j er O N O tO M CO M ~ O O ~ N U f0 O I~ tp n N ~ ~ _~ ~ tn 0 ~- (p ~ ~_ CO R ~_ fO ar O O ~ = ~ ~- O LLOj ~ E A C N J J O C y c 3 N L N r E E > •_ ~ ~ y LL c ~ y L y O D U `° ~ m H m Cn m o` J o M 'o J o '7 `~ U y N O E U C ~ J = N ~ to y N a1 S a E s E Vi ~ a y . y g - o Y y Y N ~ Q' . 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C ~p ~ 1 M M ~ M ~ ~ M ~ M ~ M ~ M ~ M ~ M ~ M ~ M ~ M ~ M ~ M e ~ Q ~ ~ M ~ M ~ M ~ p Q M M M ~ M M O O O O O O O O O O O y , ~ N N N N N N N N N N N N N N N N N N N N N N N N N M M M M M M M M M M c ~~ Q Q Agenda Request Item Number: Meeting Date: Aug 17, 2 04 Consent [ ] Regular [ ] Public Hearing [ X ] Leg. ] Ouasi-JD [ X ] To: Board of County Commissioners e Submitted By: Growth Management terim r wth Management Dir. SUBJECT: Consider Draft Resolution 04-096, approving the request of ames T. Long, Skyline Building and Development, for a change in zoning from the RS-4 (Residential, Single-family - 4 du/acre) zoning district to the PUD (Planned Unit Development) zoning district and Preliminary and Final Planned Unit Development (PUD) approval for an 73-lot single-family residential project to be known as Oakland Estates, for property located on the Northwest comer of the intersection of Palamar Drive and Kings Highway. (File No PUD-03-027 and RZ-03-041) BACKGRCSUND: James T. Long, Skyline Building and Development, the developer of the proposed Oakland Estates, PUD is requesting a Change in Zoning from the RS-4 (Residential, Single-Family - 4 du/acre) zoning district to the PUD (Planned Unit Development) Zoning District and Preliminary PUD approval for the construction of a 73-lot single-family residential project on a 20.59-acre parcel of land to be known as Oakland Estates PUD. The subject property has been designed at a density of 3.95 du/acre and is consistent with the underlying permitted density within the RS-4 zoning district. The project design has provided for the preservation of an oak hammock along the eastern property line. Preservation of 6.461 acres of the site is required in order to meet the minimum 35% common open space requirement of the St. Lucie County Land Development Code. The applicant has met the 35% open space requirement through the preservation of 6.611 acres of common open space, which exceeds the minimum preservation standards. The proposed Preliminary and Final Development Plan is consistent with the existing and proposed land uses and development patterns in the area. FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: At the July 15, 2004 public hearing, the Planning-and Zoning Commission forwarded the petition with a recommendation of denial by a vote of 7-0, with two members absent (Mr. McCurdy and Mr. Merritt). ~~~ Staff recommends approval of Draft Resolution 04-096 approving the petitioner's request for change in zoning from the RS-4 (Residential, Single-family - 4 du/acre) zoning district to the PUD (Planned Unit Development) zoning district and Preliminary PUD approval fora 73-lot single-family residential project to be known as Oakland Estates, PUD, subject to the limiting conditions contained therein. COMMISSION ACTION: APPROVED ® OTHER Approved 5-0 Motion to grant continuance of item to September 21, 2004 at 6:OOpm or as soon there after that it may be heard. DENIED Attorney ~, Finance.: ,~-~--~- Environ. Resources; ~~t~~ CONC ENCE: D glas M. Anderson County Administrator Coordination/ Signatures Mgt. & Budget: Fire Dept: Utility: Purchasing: Public Works: Other: Road and Bridge: v ,_____~____ '_1~- J~~E CpG ~. ~L GROWTH MANAGEMENT DEPARTMENT ~ ~~.c Planning Division ,c~OR,~a MEMORANDUM TO: Board of County Commissioners FROM: Randy Stevenson, Interim Growth Management Director DATE: August 12, 2004 SUBJECT: Oakland Estates petition Please find attached a letter from Harold Melville, Melville & Sowerby, PL requesting that the Board of County Commissioners table their rezoning request. The petitioner has obtained Mr. Melville to represent them with regards to this petition. As the petition was scheduled for review by the Board of County Commissioners prior to Mr. Melville being hired, they are requesting the postponement of the petition until the September 21, 2004, public hearing in order to allow sufficient time for the applicant's legal representative to prepare for the public hearing. Cc: Doug Anderson, County Administrator Ray Wazny, Asst County Administrator Dan Mclntryre, County Attorney ;~ `~ '~ MELVILLE & SOWEKBY, P.I.. ATTORNEYS AT LAW LAUREL PROFESSIONAL PARK 2940 SOUTH 25TH STREET FORT PIBRCH, FLORIDA 34981-5605 HAROLD G. MELVILLE, P.A.• DAVID N. SOWERBY, P.L.• ~OOARD CERTIFIED CIVIL TRIAL LAWYER AND BOARD CERTIFIED BUSINESS LITIGATION LAWYER ~~90ARD CERTIFIED REAL ESTATE LAWYER August 3, 2004 VIA FACSIMILE TRANSMISSION Mr. Randy Stephenson, ASLA Interim Growth Management Director St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982-5652 Re: Oakland Lake Estates PUD/James T. Long Dear Mr. Stephenson: TELEPHONE (772) 464-7900 FAX (772) 464-8220 Our office has been retained to represent James T. Long and Skyline Building & Development, Inc. with regard to the proposed Oakland Lake Estates PUD. It is our understanding that this matter is currently scheduled to be heard before the St. Lucie County Board of County Commissioners on Tuesday evening, August 17, 2004. Since our office has just been retained to represent this development and since we need additional time to prepare for the presentation before the Board County Commissioners, I would appreciate` the hearing being postponed from August 17, 2004 until _...-. _ _ ti}e Coi;~„)-sston agenda of Tu:;sday, ScptembGr 21, 2i0+.-` -~~~- -' Please confirm back to me that the hearing date has been changed so that we can reschedule it on our calendar. Thank you very much. Sincer~ly, G. Melville HGM/djh cc: Mr. James T. Long ~" BOARD OF COUNTY COMMISSION REVIEW: 8/17/04 File Number: PUD-03-027 and RZ-03-041 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commission FROM: Interim Growth Management Director DATE: August 10, 2004 SUBJECT: Application of James T. Long, Skyline Building and Development, for a Preliminary Planned Unit Development approval for the project known as Oakland Estates Subdivision and a Change in Zoning from the RS-4 (Residential, Single-family - 4 du/acre) Zoning District to the PUD (Planned Unit Development) Zoning District. LOCATION: Northwest corner of the intersection of Palamar Drive and Kings Highway. The property abuts Palamar Drive, Hummingbird Way, Eden Road and Kings Highway within the Lakewood Park Subdivision ZONING DESIGNATION: RS-4 (Residential, Single-family - 4 du/acre) PROPOSED ZONING: PUD (Planned Unit Development) LAND USE DESIGNATION: RU (Residential Urban) PARCEL SIZE: 20.59 acres (includes right-of-way for Palamar Drive, Hummingbird Way, Eden Road and the NSLRWCD Drainage Canal 18.46 acres (actual site proposed for construction) PROPOSED USE: 73-unit single-family residential subdivision (density of 3.95 du/acre) SURROUNDING ZONING: RS-4 (Residential, Single-family-4 du/acre) to the north, south and east. RMH-5 (Residential, Mobile Home - 5 du/acre) to the west and RM-5 (Residential, Multi-family- 5 du/acre to the southwest SURROUNDING LAND USES: RU (Residential Urban) to the north, south, east and west. To the north, south and east of the subject property are single- family residential units and to the west are single-family residential units and then the Bel-Aire Mobile Home Park located within the boundary of Lakewood Park. ~/ August 10, 2004 Petition: Oakland Estates, PUD Page 2 File: PUD-03-027 and RZ-03-041 FIRE/EMS PROTECTION: Station #7 (4900 Ft. Pierce Blvd.), is located approximately 1.5 miles to the southwest. UTILITY SERVICE: St. Lucie Utilities, through a bulk service agreement with Ft. Pierce Utility Authority, will provide water and sewer service to the subject property. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: Palamar Drive is a 35' right-of-way, Eden Road is a 35' right-of- way, Hummingbird Way is a 35' right-of-way and Kings Highway is a 80' right-of-way. 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 a Preliminary PUD (Planned Unit Development) approval for the entire 20.59-acre tract of land. The applicant has provided documentation, uncovered during their title search, which indicates that the existing roadway network and existing drainage canal was accidentally constructed on the applicant's property. The proposed rezoning has been determined to not be in conflict with any applicable provision of the St. Lucie County Land Development Code. According to Section 7.01.01 of the LDC, the purpose of the Planned Unit Development (PUD) zoning district is to achieve residential development of superior quality through the encouragement of flexibility and creativity in design options that: August 10, 2004 Petition: Oakland Estates, PUD Page 3 File: PUD-03-027 and RZ-03-041 A. Permif creative approaches to the development of residential land reflecting changes in the technology of land development; The applicant's original petition was fora 80-lot single-family residential subdivision, which would have been consistent with the RU (Residential Urban) Future Land Use designation. During the site plan review, the applicant and staff worked together to ensure that the roadway issues with regards to the right-of-ways being constructed on the applicant's property and the existing NSLRWCD being constructed on the applicant's property would be addressed. In addition to the infrastructure issues, the applicant and County staff worked together to ensure that the existing stand of Oak trees located along the eastern property line was preserved. Further, after discussions with the surrounding residents, the applicant redesigned the access to the site from Palamar Drive to align with the existing Lakeside- Drive on Hummingbird Drive. This realignment and redesign included a reduction in the total number of requested units from 80 to 73. The applicant's proposed design has incorporated the existing land features in order to preserve environmentally sensitive area onsite. Of the 18.46 acre PUD site area, a total of 6.461 acres is required to be preserved in order to meet the minimum 35% common open space requirement of the St. Lucie County Land Development Code. The applicant has met the 35% open space requirement through the preservation of 6.611 acres of common open space. B. Allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; The project is designed with a central roadway system that loops throughout with one central access point for entrance and exit. The access point into the project is located on Hummingbird Way. All of the roadways within Lakewood Park are dedicated to the County. The closest County arterial roadway to the proposed connection is Kings Highway. A secondary emergency access has been provided at the recreational center. The applicant submitted a Traffic Impact Analysis Report (TIR) which considered the following roadway links: Kings Highway from US1 to St. Lucie Boulevard, Indrio Road from US1 to Johnston Road and Emerson Avenue from Indrio Road to the Indian River County line. The traffic distribution from this site is anticipated to be 30 percent of the vehicles will travel to the north, 40% of the vehicles will travel to the south; 20% of the vehicles will travel to the east and 10% of the vehicles will travel to the west. The TIR was analyzed utilizing a total of 78single-family residential units. Based upon this analysis, 825 daily trips are expected to be generated by this development. The TIR was not redone for the lower (73) residential unit count. The TIR's background information included the proposed traffic from the St. Lucie County Emerson Avenue Regional Park, Portofino Shores and Emerson Estates developments. The applicant's TI R indicates that both Kings Highway will operate at a LOS "C" and Indrio Road will operate at an acceptable level of service "D". The applicant also completed an intersection evaluation as requested by staff. The following intersections were analyzed: Indrio Road and Emerson Avenue, Indrio August 10, 2004 Petition: Oakland Estates, PUD Page 4 File: PUD-03-027 and RZ-03-041 Road and Kings Highway, and Kings Highway and Winter Garden Parkway. The result of the intersection analysis was that the signalized intersections of Indrio Road and Kings Highway and the intersection of Kings Highway and Winter Garden Parkway will operate at alevel-of-service "C". The intersection of Indrio Road and Emerson Avenue was evaluated and determined that it will operate at a bevel-of- service "D". St. Lucie County Utilities, via a bulk service agreement with Ft. Pierce Utility Authority (FPUA), will be providing water and sewer services to the project. In order for this site to be provided water and sewer services, the applicant will be required to extend the water and sewer lines into the site. C. Allow design options that encourage an environment of stable character, compatible with surrounding land uses; and, The proposed project is compatible with the character of the area and with the surrounding land uses. The subject property is surrounded by single-family residential homes. In addition, the Bel-Aire Mobile Home Park (located internal to Lakewood Park) is located to the southwest of the subject property. The Lakewood Park Subdivision was platted in 1956, prior to St. Lucie County establishing a Building Department. Research of the Lakewood Park plats indicate that at no time was the subject property ever considered to be part of the Lakewood Park Subdivision. Based upon research, this parcel of land is not subject to the HOA/POA regulations of Lakewood Park. The surrounding area was platted as a single-family residential development. In addition, the Lakewood Park has a density of 4 du/acre. The proposed development is consistent with the surrounding single- family residential lots and has a compatible density of 3.95 du/acre. D. Permit the enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities and the provision of recreation and open space. The proposed site is dominated by fallow agricultural operations. There are numerous ATV trails throughout what appears to be an inactive citrus operation. Scattered citrus trees remain on the site; however, the fields have re-vegetated. A man-made pond is present within the northern section of the property. There is sparse vegetation along the perimeter of the pond. There are three predominant vegetation communities found on this site. The first classification can be classified as previously cleared uplands; this area encumbers approximately 14.48 acres and is the area directly surrounding the "homesite", as well as to the north and east of the homesite (extending around the lake to the northern boundary). Scattered cabbage palms (Baba/ palmetto), Brazilian pepper (Schinus terebinthifolius), and oak trees (Quercus spp.) are present throughout. The groundcover in these areas is dominated by dog fennel (Eupatorium spp.) and wild grape (Vitis sp.) and tall upland grasses. Stash pine trees (Pinus elliotti~) are present along the northern boundary. The second classification is the reservoir, which is approximately 1.22 acres in size, containing an existing man-made pond with sparse littoral vegetation that includes cattail (Typha latifolia), Carolina willow (Salix caroliniana) and primrose willow August 10, 2004 Petition: Oakland Estates, PUD Page 5 File: PUD-03-027 and RZ-03-041 (Ludwigia peruviana). The third classification is the 2.50-acre mature live oak (Quercus virginiana) stand. This area is located along the southeastern portion of the site. Numerous trails are present within this area; however, it appears that the majority of the canopy and subcanopy vegetation remains intact. The site design is placing 1.22 acres of the 2.5 acres in a conservation easement. The area proposed for preservation is the most highly vegetated area of the site. In addition, the site design incorporates a number of existing trees within the open space areas. As part of the site plan process, the developers and staff worked together to redesign the site to presence onsite vegetation within its natural state and to locate the lot lines in a manner that establishes the buildable area away from the existing trees. Within the northeastern corner of the site, the developers have incorporated a recreational area that is 0.33 acres in size. The proposed stormwater/lake feature also will provide a recreational amenity to the development. The application for Preliminary Planned Unit Development (PUD) approval has been reviewed for consistency with the provisions of the St. Lucie County Land Development Code and has been determined to meet all applicable standards of review. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The applicant has demonstrated that the proposed PUD (Planned Unit Development) amendment is consistent with all elements of the St. Lucie County Comprehensive Plan. Policy 1.1.1.1 allows for residential development within the RU (Residential Urban) Future Land Use classification at a maximum of 5 du/acre. The proposed project has been designed with a density of 3.95 du/acre, which is consistent with the existing Future Land Use designation. If the applicant had designed the project by requesting the maximum density permitted under the Future Land Use designation a total of 93 dwelling units could be placed on this site. Policy 1.1.4.2 requires that new development be designed and planned in a manner, which does not place an unanticipated economic burden upon the services and facilities of St. Lucie County. The subject property is located in the St. Lucie County Utilities designated service area. The County will be providing water and sewer to the proposed site via a bulk service agreement. The applicant has provided a letter from the County Utilities Director stating that capacity is available for this project. The applicant will be required to extend the utility lines into the subject property. Policy 1.1.4.3 requires that the County encourage the use of cluster housing and planned unit developments to conserve open space and environmentally sensitive areas. The proposed project, based upon the 35 % common open space criteria requires 6.46 acres of land to be set aside as common open space. The applicant's site design indicates a total of 6.61 acres being set side as common open space. This includes 1.21 acres of upland August 10, 2004 Petition: Oakland Estates, PUD Page 6 File: PUD-03-027 and RZ-03-041 preservation. The PUD requires 15% of native upland habitat found on the site to be preserved. The proposed site contains 2.5 acres of native upland habitat of which 0.38 acres would be required to be preserved onsite. The applicant's site design incorporates 1.22 acres of onsite upland habitat, which exceeds the minimum standard required by the County's Land Development Code. In addition, through micro-siting the lot lines for the proposed subdivision, the developer has created the ability to preserve a number of trees onsite. 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. The subject property is surrounded bysingle-family residential homes. In addition, the Bel-Aire Mobile Home Park (located internal to Lakewood Park) is located to the southwest of the subject property. The Lakewood Park Subdivision was platted in 1956, prior to St. Lucie County establishing a Building Department. Research of the Lakewood Park plats indicate that at no time was the subject property ever considered being part of the Lakewood Park Subdivision. Based upon research, this parcel of land is not subject to the HOA/POA regulations of Lakewood Park. The surrounding area was platted assingle-family residential development. In addition, the Lakewood Park has a density of 4 du/acre. The proposed development is consistent with the surrounding single-family residential lots and has a compatible density of 3.95 du/acre. 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 project is designed with a central roadway system that loops throughout with one central access point for entrance and exit. The access point into the project is located on Hummingbird Way. All of the roadways within Lakewood Park are dedicated to the County. The closest county arterial roadway to the proposed connection is Kings Highway. The applicant submitted a Traffic Impact Analysis Report (TIR) which considered the following roadway links: Kings Highway from US1 to St. Lucie Boulevard, Indrio Road from US1 to Johnston Road and Emerson Avenue from Indrio Road to the Indian River County line. The traffic distribution from this site is anticipated to be 30 percent of the vehicles will travel to the north, 40% of the vehicles will travel to the south; 20% of the vehicles will travel to the east and 10% of the vehicles will travel to the west. The TIR was analyzed utilizing a total of 78single-family residential units. Based upon this 825 daily trips are expected to be August 10, 2004 Petition: Oakland Estates, PUD Page 7 File: PUD-03-027 and RZ-03-041 generated by this development. The TIR was not redone for the lower (73) residential unit county. The TIR's background information included the proposed traffic from the St. Lucie County Emerson Avenue Regional Park, Portofino Shores and Emerson Estates development. The applicant's TIR indicates that both Kings Highway will operate at an acceptable level-of-service "C"and Indrio Road will operate at an acceptable level of service «D„ The applicant also completed an intersection evaluation as requested by staff. The following intersections were analyzed: Indrio Road and Emerson Avenue, Indrio Road and Kings Highway, and Kings Highway and Winter Garden Parkway. The result of the intersection analysis was that the signalized intersections of Indrio Road and Kings Highway and the intersection of Kings Highway and Winter Garden Parkway will operate at an acceptable level-of-service "C". The intersection of Indrio Road and .Emerson Avenue was also evaluated and it has been determined that it will operate at an acceptable level-of-service ~~D~, St. Lucie County Utilities, via a bulk service agreement with Ft. Pierce Utility, will be providing water and sewer services to the project. In order for this site to be provided water and sewer services, the applicant will be required to extend the water and sewer lines into the site. The applicant was required as part of the submittal package to address the drainage impacts for this project on the NSLWCD system. At the same time, the County was working with the firm of Hazen and Sawyer to review the entire Lakewood Park drainage system. This firm created a model, which analyzed the entire system, and the results indicated that the system was working correctly. As this project was going forward, staff requested that Hazen and Sawyer review the submitted information to determine if any negative impacts would occur from the proposed project. They incorporated the information for the project into the model and determined that there would be no negative impacts on the Lakewood Park drainage system from the construction of this project. The Oakland Estates PUD will be served by adequate school facilities. A 73 unit single- family subdivision is expected to generate 25 (.34 students per unit) new students. The Oakland Estates PUD is located in School Choice Zone 1. Student assignments from this community will be made consistent with applicable St. Lucie County Board of Education standards and regulations. The Oakland Estates PUD will be subject to the County's Educational Impact Fee Ordinance. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed project is not expected to result in any adverse impacts on the natural environment. The proposed site is dominated by fallow agricultural operations. There are numerous ATV trails throughout what appears to be an inactive citrus operation. Scattered citrus trees remain on the site; however, the fields have re-vegetated. Aman-made pond is present within the northern section of the property. There is sparse vegetation along the perimeter of the pond. There are three predominant vegetated communities found on this site. The first classification can be classified as previously cleared uplands; this area .,,fir August 10, 2004 Petition: Oakland Estates, PUD Page 8 File: PUD-03-027 and RZ-03-041 encumbers approximately 14.48 acres and is the area directly surrounding the "homesite", as well as to the north and east of the homesite (extending around the lake to the northern boundary). Scattered cabbage palms (Sabal palmetto), Brazilian pepper (Schinus terebinthifolius), and oak trees (Quercus spp.) are present throughout. The groundcover in these areas is dominated by dog fennel (Eupatoriumspp.) and wild grape (Vitis sp.) and tall upland grasses. Slash pine trees (Pinus elliottiv) are present along the northern boundary. The second classification is the reservoir, which is approximately 1.22 acres in size, containing an existing man-made pond with sparse littoral vegetation that includes cattail (Typha /atifolia), Carolina willow (Salix caroliniana) and primrose willow (Ludwigia peruviana). The third classification is the 2.50-acre mature live oak (Quercus virginiana) stand. This area is located along the southeastern portion of the site. Numerous trails are present within this area; however, it appears that the majority of the canopy and subcanopy vegetation remains intact. The site design is placing 1.22 acres of the 2.5 acres in a conservation easement. The area proposed for preservation is the most highly vegetated area of the site. In addition, the site design incorporates a number of existing trees within the open space areas. As part of the site plan process, the developers and staff worked together to redesign the site to preserve onsite vegetation within its natural state and to locate the lot lines in a manner that establishes the buildable area away from the existing trees. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; The subject site is designated with a RU (Residential Urban) Future Land Use Map designation, which allows the development of a Planned Unit Development, with a maximum density of 5 du/acre. The applicant's request is fora 73-lot single-family residential development, developed at a density of 3.95 du/acre. The subject property is surrounded by residentially zoned properties developed as single-family residential. The property to the southwest of this site is an existing mobile home park. The proposed low-density single- family residential development is consistent with the surrounding area. With the development of this Planned Unit Development (PUD) the general character of the surrounding properties will not change from the existing residential character. 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. August 10, 2004 Page 9 COMMENTS Petition: Oakland Estates, PUD File: PUD-03-027 and RZ-03-041 The petitioner, James T. Long, Skyline Building and Development, is seeking approval for Change in Zoning from the RS-4 (Residential, Single-family - 4 du/acre) zoning district to the PUD (Planned Unit Development) zoning district and Preliminary PUD (Planned Unit Development) approval for the Oakland Estates PUD Site Plan to permit the construction of a 73-lot single-family residential development on a 20.59-acre parcel of land located on the northwest corner of the intersection of Palamar Drive and Kings Highway. The property abuts Palamar Drive, Hummingbird Way, Eden Road and Kings Highway within the Lakewood Park Subdivision. Staff has determined that the proposed zoning designation and the Preliminary and Final Planned Unit Development Plan is compatible with the existing and proposed uses in the area. This petition meets the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends approval of draft Resolution 04-096, subject to the following conditions: Prior to issuance of a building permit for the first residential unit, the developer's shall provide for the creation/establishment of a Conservation Easement over all areas of protected upland preservation areas as shown on the project site plan. This conservation easement shall be in favor of St. Lucie County. No alterations of land within these areas so designated may take place without the prior consent of the County and determination by the County that the proposed activity is not in violation of any provision of the County's Comprehensive Plan or development standard of the County's Land Development Code. 2. Prior to issuance of the first building permit for this site plan, the applicant shall be required to submit to the County a final tree mitigation plan that indicates the location of all trees preserved and relocated and details the number of inches of trees removed. If the mitigation credit does not exceed the tree mitigation criteria, the applicant will be required to provide a means for satisfying the remainder of the tree mitigation criteria. 3. Prior to the issuance of the first building permit for this site plan, the developers shall provide St. Lucie County with a management plan for all areas of protected upland preservation areas as shown on the project site plan that are to be covered through the creation/establishment of a Conservation Easement over all areas. Upon the developer turning the property over to the HOA/POA it shall be the responsibility of the HOA/POA to maintain the conservation areas. 4. The applicant shall be required to submit to St. Lucie County an annual monitoring report demonstrating compliance with the above conditions. The requirement for this report shall begin on the anniversary date of commencement of construction and shall continue on that date until two (2) years after the completion of the development. 5. Prior to the issuance of any Land Clearing Permits for the Oakland Estates PUD Site, the developers shall clearly delineate all areas to be preserved and/or protected. Delineation shalt be by either the placing of silt fencing, safety fencing or similar type of materials. Flagging shall not be used except to guide the installation of the fencing materials. All land August 10, 2004 Petition: Oakland Estates, PUD Page 10 File: PUD-03-027 and RZ-03-041 clearing activities shall be in accordance to the specific conditions/standards outlined in the Land Clearing Permit. Please contact this office if you have any questions on this matter. Attachment DPK/cs Projects/Oakland Estates/oakland.pzstaff_rpt.doc cc: County Administrator County Attorney Public Works Director Environmental Resource Manager William McCain, McCain & Associates James Long, Skyline Buildings and Development 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 04-096 FILE NO.: RZ-03-027 &PUD-03-041 A RESOLUTION GRANTING A CHANGE IN ZONING FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA AND FOR PRELIMINARY DEVELOPMENT PLAN APPROVAL FOR A PROJECT KNOWN AS OAKLAND 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 James T. Long, Skvline Building and Development, presented a petition for a Change in Zoning from the RS-4 (Residential, Single-family - 4 du/acre) to PUD (Planned Unit Development) for certain property in St. Lucie County, Florida, the purpose of which is to receive Preliminary PUD (Planned Unit Development) approval fora 73-lot single- family residential development. 2. On July 15, 2004, the Planning and Zoning Commission held a public hearing on the petition of James T. Long, Skyline Building and Development, 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 500 feet of the property boundaries and recommended denial of petitioner's request. 3. On August 17, 2004, this Board held a public hearing on the petition of James T. Long, Skyline Building and Development 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 500 feet of the property boundaries. 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. James T. Long, Skvline Building and Development, presented a petition for a Preliminary Planned Unit Development Plan fora 73-lot single-family residential project to be known as Oakland Estates. File No.: RZ-03-041 and PUD-03-027 Resolution 04-096 August 17, 2004 Page 1 `~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 6. On July 15, 2004, the Planning and Zoning Commission held a public hearing on the petition of James T. Long, Skyline Building and Development, after publishing a notice of such hearing in the Tribune and the Port St. Lucie News and notifying by mail all property owners within 500 feet of the property boundaries and recommended that the petition be denied. 7. The petitioner, James T. Long, Skyline Building and Development, is now seeking Preliminary Planned Unit Development fora 73-lot single-family residential project known as Oakland Estates. 8. On August 17, 2004, this Board held a public hearing on the petition of James T. Long, Skyline Building and Development, for Preliminary Planned Unit Development approval for Oakland Estates after publishing a notice of such hearing in the Tribune and notifying by mail all property owners within 500 feet of the subject property. 9. The Development Review Committee has reviewed the Preliminary and 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 E of this Resolution. 10. 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. 11. 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. 12. 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. 13. 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. 14. The proposed project will be served by water and sewer by St. Lucie County Utilities, via a bulk service agreement with the Fort Pierce Utility Authority. 15. The applicant has demonstrated that water supply; evacuation facilities and emergency access are satisfactory to provide adequate fire protection. 16. A Certificate of Capacity, a copy of which is attached to this Resolution, was granted by the Growth Management Director on August 17, 2004. NOW, THEREFORE, BE IT RESOLVED by the Board of County .Commissioners of St. Lucie County, Florida: File No.: RZ-03-041 and PUD-03-027 August 17, 2004 Resolution 04-096 Page 2 1 2 3 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 fir' CHANGE IN ZONING A. The change in zoning from RS-4 (Residential, Single-family 4 du/acre) to PUD (Planned Unit Development -Oakland Estates) is hereby approved for the following described property: THE EAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 11, TOWNSHIP 34 SOUTH, RANGE 39 EAST, AS RECORDED IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY. SAID PARCEL CONTAINS 20.59 ACRES MORE OR LESS. THAT PART OF THE EAST 1/2 OF THE SOUTH EAST 1/4 OF SECTION 11, TOWNSHIP 34 SOUTH, RANGE 39 EAST, AS RECORDED IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE SOUTH EAST CORNER OF THE SOUTH EAST 1/4 OF SOUTH EAST 1/4 THENCE RUN N 00 DEGREES 38'59"W ALONG THE EAST LINE OF SOUTH EAST 1/4 OF SOUTH EAST 1/4 A DISTANCE OF 35.00 FEET TO THE POINT OF BEGINNING; THENCE RUNS 89 DEGREES 39'00"W AND PARALLEL TO THE SOUTH LINE OF SAID SOUTH EAST 1/4 OF SOUTH EAST 1/4 A DISTANCE OF 666.16 FEET; THENCE RUN N 00 DEGREES 43' 37"W A DISTANCE OF 1261.29 FEET TO A POINT 35.00 FEET SOUTH OF THE NORTH LINE OF SAID SOUTH EAST 1/4 OF SOUTH EAST 1/4; THENCE RUN N 89 DEGREES 22'48"E A DISTANCE OF 667.85 FEET TO THE EAST LINE OF SAID SOUTH EAST 1/4 OF SOUTH EAST 1/4; THENCE RUN S 00 DEGREES 38'39" W A DISTANCE OF 1263.82 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 18.46 ACRES MORE OR LESS. Location: NE corner of Hummingbird Way and Palomar Drive (Lakewood Park). Tax I D#: 1311-441-0000-000/3). B. 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 C. Pursuant to Section 11.02.05(8) of the St. Lucie County Land Development Code, the Preliminary Planned Unit Development Plan for the project to be known as Oakland Estates is hereby approved as shown on the site plan drawings for the project prepared by W. F. McCain & Associates on August, 2003, last revised on June 23, 2004, and date stamped received by the St. Lucie County Growth Management Director on June 29, 2004, subject to the following conditions: =ile No.: RZ-03-041 and PUD-03-027 4ugust 17, 2004 Resolution 04-096 Page 3 Prior to issuance of a building permit for the first residential unit, the developer's shall provide for the creation/establishment of a Conservation Easement over all areas of protected upland preservation areas as shown on the project site plan. This conservation easement shall be in favor of St. Lucie County. No alterations of land within these areas so designated may take place without the prior consent of the County and determination by the County that the proposed activity is not in violation of any provision of the County's Comprehensive Plan or development standard of the County's Land Development Code. 2. Prior to issuance of the first building permit for this site plan, the applicant shall be required to submit to the County a final tree mitigation plan that indicates the location of all trees preserved and relocated and details the number of inches of trees removed. If the mitigation credit does not exceed the tree mitigation criteria, the applicant will be required to provide a means for satisfying the remainder of the tree mitigation criteria. 3. Prior to the issuance of the first building permit for this site plan, the developers shall provide St. Lucie County with a management plan for all areas of protected upland preservation areas as shown on the project site plan that are to be covered through the creation/establishment of a Conservation Easement over all areas. Upon the developer turning the property over to the HOA/POA it shall be the responsibility of the HOA/POA to maintain the conservation areas. 4. The applicant shall be required to submit to St. Lucie County an annual monitoring report demonstrating compliance with the above conditions. The requirement for this report shall begin on the anniversary date of commencement of construction and shall continue on that date until two (2) years after the completion of the development. 5. Prior to the issuance of any Land Clearing Permits for the Oakland Estates PUD Site, the developers shall clearly delineate all areas to be preserved and/or protected. Delineation shall be by either the placing of silt 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. D. The property on which this site plan approval is being granted is described in Part A. E. The approvals and authorizations granted by this Resolution for the purpose of obtaining building permits on this property, shall expire on August 17, 2006, unless the developer has obtained a building permit approval for the site plan described in Part C or an extension has been granted in accordance with Section 11.06.06(6)(3), St. Lucie County Land Development Code. File No.: RZ-03-041 and PUD-03-027 August 17, 2004 Resolution 04-096 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 49 50 F. The Final Planned Unit Development Site Plan/General Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, James T. Long, Skyline Building and Development, including any successors in interest, shall obtain all necessary development permits and construction authorizations form the appropriate State and Federal regulatory authorities, including but not limited to; the United Stated Army Corp of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part A. G. 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. H. 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 Growth Management 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 17T" day of August 2004. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY ATTEST Chairman APPROVED AS TO FORM AND CORRECTNESS Deputy Clerk County Attorney Cs H:\projects\Oakland Estates\BCCWgenda\Resolution04096.doc File No.: RZ-03-041 and PUD-03-027 August 17, 2004 Resolution 04-096 Page 5 1 1 1 1 1 1 1 1 24 25 CERTIFICATE OF CAPACITY File No.: RZ-03-041 and PUD-03-027 August 17, 2004 Resolution 04-096 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SITE PLAN GRAPHICS - I AND MAP SERIES ile No.: RZ-03-041 and PUD-03-027 ,ugust 17, 2004 Resolution 04-096 Page 7 OFFICIAL L.,N,y,NO & ZONI(1~ AGENDA ITEM 4: TAMES T. LONG -FILE NO. RZ-03-011/PUD-03-027: Cp;v~4~SSl©N APPROVAL Ms. Snay, presenting Staff comments, stated that Agenda Item # 4 was the application of James T. Long, Skyline Building and Development, for a Preliminary Planned Unit Development approval a 73-unity single-family residential project to be known as Oakland Estates Subdivision and a Change in Zoning from the RS-4 (Residential, Single-family - 4 du/acre) Zoning District to the PUD (Planned Unit Development) Zoning District. The subject property is located at the northwest corner of the intersection of Palomar Drive and Kings Highway. The property abuts Palomar Drive, Hummingbird Way, Eden Road and Kings Highway within the Lakewood Park Subdivision and is 20.59 acres in size which includes the existing roadway network and drainage system which were constructed on private property. The subject property is designated with an RU (Residential Urban) future land use designation. Under this designation this property would be permitted a maximum of five (5) dwelling units per acre. The applicant is requesting a density of 3.95 which is compatible with the zoning designation and the existing density of Lakewood Park. The proposed project is on 18.46-acres of the site. The applicant's original petition was for an 80-lot single-family residential subdivision, which would have been consistent with the RU (Residential Urban) Future Land Use designation. During the site plan review, the applicant and staff worked together to ensure that the roadway issues with regards to the right-of-ways being constructed on the applicant's property and the existing NSLRWCD being constructed on the applicant's property would be addressed. In addition to the infrastructure issues, the applicant and county staff worked together to ensure that the existing strand of Oak trees located along the eastern property line was preserved. Further after discussions with the surrounding residents, the applicant redesigned the access to the site from Palomar Drive to align with the existing Lakeside Drive on Hummingbird Drive. This realignment and redesign included a reduction in the total number of requested units from 80 to 73. The applicant's proposed design has incorporated the existing land features in order to preserve environmentally sensitive area onsite. The project is designed with a central roadway system that loops throughout with one central access point for entrance and exit. The access point into the project is located on Hummingbird Way. All of the roadways within Lakewood Park are dedicated to the County. The closest county arterial roadway to the proposed connection is Kings Highway. The applicant submitted a Traffic Impact Analysis Report (TIR) which considered the following roadway links: Kings Highway from US 1 to St. Lucie Boulevard, Indrio Road from US 1 to Johnston Road and Emerson Avenue from Indrio Road to the Indian River County line. The T1R's background information included the proposed traffic from the St. Lucie County Emerson Avenue Regional Park, Portofino Shores and Emerson Estates development. The applicant's TIR indicates that both Kings Highway and Indrio Road are expected to operate at an acceptable level of service. St. Lucie County Utilities, via a bulk service agreement with Ft. Pierce Utility, will be providing water and sewer services to the project. In order for this site to be provided water and sewer services, the applicant will be required to extend the water and sewer lines into the site. The applicant was required as part of the submittal package to address the drainage impacts for this project on the NSLWCD system. At the same time, the County was working with the firm of P&Z / LPA Regular Meeting July 15, 2004 Page 10 of 25 -, .~~i. , ,.i i~J AUG ' .- .%u~» ~~ gin. Av.'.'!I~~. OFFICE ~rr/ 0~0`~CIAt- SUBJECT TO PLANN;N~ & ~OfV~Pl6 CO~iMiSSION APPROVAL Hazen and Sawyer to review the entire Lakewood Park drainage system. This firm created a model, which analyzed the entire system, and the results indicated that the system was working correctly. As this project was going forward, staff requested that Hazen and Sawyer review the submitted information to determine if any negative impacts would occur from the proposed project. They incorporated the information for the project into the model and determined that there would be no negative impacts on the Lakewood Park drainage system from the construction of this project. The Oakland Estates PUD will be served by adequate school facilities. A 73-unit single-family subdivision is expected to generate 25 (.34 students per unit) new students. The Oakland Estates PUD is located in School Choice Zone 1. Student assignments from this community will be made consistent with applicable St. Lucie County Board Of Education standards and regulations. The Oakland Estates PUD will be subject to the County's Educational Impact Fee Ordinance. The proposed project is compatible with the character of the area and with the surrounding land uses. The subject property is surrounded by single-family residential homes. In addition, the Bel-Aire Mobile Home Park (located internal to Lakewood Park) is located to the southwest of the subject property. The Lakewood Park Subdivision was platted in 1956, prior to St. Lucie County establishing a Building Department. Research of the Lakewood Park plats indicates that at no time was the subject property ever considered to be part of the Lakewood Park Subdivision. Based upon research, this parcel of land is not subject to the HOA/POA regulations of Lakewood Park. The surrounding area was platted as single-family residential development. In addition, the Lakewood Park has a density of 4 dwelling units. The proposed development is consistent with the surrounding single-family residential lots and has a compatible density of 3.95 dwelling units per acre. The proposed project is not expected to result in any adverse impacts on the natural environment. Of the 18.46 acre PUD site area, a total of 6.461 acres is required to be preserved in order to meet the minimum 35% common open space requirement of the St. Lucie County Land Development Code. The applicant has met the 35% open space requirement through the preservation of 6.611 acres of common open space. In addition, the site design incorporates a number of existing trees within the open space areas. As part of the site plan process, the developers and staff worked together to redesign the site to preserve onsite vegetation within its natural state and to locate the lot lines in a manner that establishes the buildable area away from the existing trees. Within the northeastern corner of the site, the developers have incorporated a recreational area that is 0.33 acres in size. The proposed stormwater/lake feature also will provide a recreational amenity to the development. Staff has determined that the proposed zoning designation and the Preliminary and Final Planned Unit Development Plan is compatible with the existing and proposed uses in the area. This petition meets the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff 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 issuance of a building permit for the first residential unit, the developer's shall provide for the creation establishment of a Conservation Easement over all areas of protected upland preservation areas as shown on the project site plan. This conservation easement shall be in favor of St. Lucie County. No alterations of land within these areas P&Z / LPA Regular Meeting July 15, 2004 Page 11 of 25 ~ aci~,- suo9~cT To PLANN~N~ & ZONING so designated may take place without the prior consent of the County~~~a~gti ROYAL by the County that the proposed activity is not in violation of any provision of the County's Comprehensive Plan or development standard of the County' s Land Development Code. 2. Prior to issuance of the fast building permit for this site plan, the applicant shall be required to submit to the County a final tree mitigation plan that indicates the location of all trees preserved and relocated and details the number of inches of trees removed. If the mitigation credit does not exceed the tree mitigation criteria, the applicant will be required to provide a means for satisfying the remainder of the tree mitigation criteria. Prior to the issuance of the fast building permit for this site plan, the developers shall provide St. Lucie County with a management plan for all areas of protected upland preservation areas as shown on the project site plan that are to be covered through the creation/establishment of a Conservation Easement over all areas. Upon the developer turning the property over to the HOA/POA it shall be the responsibility of the HOA/POA to maintain the conservation areas. 4. The applicant shall be required to submit to St. Lucie County an annual monitoring report demonstrating compliance with the above conditions. The requirement for this report shall begin on the anniversary date of commencement of construction and shall continue on that date until two (2) years after the completion of the development. Prior to the issuance of any Land Clearing Permits for the Oakland Estates PUD Site, the developers shall clearly delineate all areas to be preserved and/or protected. Delineation shall be by either the placing of silt 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. The developer shall as part of the construction of this development provide for the construction of a weather shelter, or other similar structure at the main project entrance or provide an designated access from the property to Eden Road at the recreational center for the purpose of providing for a central pick-up and drop off location for any school bus stops/demand response transit or other like transit activity that may be caused by the development of this property. Chairman Hearn stated that on page nine (9) of the staff report it shows that the applicant was requesting preliminary and final approval. He questioned if that was correct. Ms. Snay stated that was an error and that the applicant was only requesting preliminary approval. Chairman Hearn stated that he went out to the subject property and saw the oak hammock on the eastern portion of the property, which would provide a great buffer. Chairman Hearn questioned if the applicant or their representative were present. Mr. Bill McCain, McCain and Associates, stated that he was there representing the applicant, but the applicant was also there to answer any questions if necessary. He continued that their stormwater analysis and design conditions were provided by Hayes and Sawyer. P&Z / LPA Regular Meeting July 15, 2004 Page 12 of 25 i~~'~"r~~A~- SU09ECT TO PLANNINR & ZONING COIVdd~IISSIOtd APPROVAL Mr. James Long stated that he is a resident of St. Lucie County and was proposing the PUD to preserve the Oak Hammock and also to limit the driveways. He stated that their homes would have a community pool with restrooms and would be landscaped around the perimeter. He asked that the Planning and Zoning Commission approve his request. Mr. Lounds questioned if the northeast corner of the project would be common area. Mr. Long confirmed that was correct and that it would be accessed through the internal roads. Mr. Lounds questioned if there would be access to Palomar Drive or Kings Highway. Mr. Long stated that they had originally wanted to have access onto those roads, but after discussions with the surrounding neighbors they decided against that and would have only one access off of Lakeside Drive. Ms. Hensley stated that she was pleased that the applicant was working with the school board and urged the applicant to keep an open mind to accommodate the needs of the community. Mr. Lounds questioned if this additional density would require the school board to add more pick-ups along their route for these students. Ms. Hensley stated that since it was a private community, they would not have any pick-ups on those private roads. Chairman Hearn stated that he felt having a shelter in the community near the Oak Hammock would be a good idea. Mr. Long stated that the school board had suggested that but he was concerned about a shelter being located on a road that has a 35 mile per hour speed limit. Mr. Kelly stated he did not believe that the buses would go to Palomar at this point in time. Ms. Hensley stated that was correct, but bus routes do change each year. Mr. Akins questioned if the plan could change since this is only a preliminary approval. Ms. Snay stated that the final approval would go directly to the Board of County Commissioners and must the same as originally presented to them in the preliminary stage. Ms. Hammer stated that some residents had questions about flooding issues in Lakewood Park with regards to Canal # 4 and questioned if the applicant was going to address those concerns. Ms. Snay explained that the lakes in Lakewood Park are part of the stormwater retention areas and if they are kept full they do flood during heavy rains. She continued that now that some of the lakes have been capped that should help to alleviate some of the flooding issues. Ms. Hammer questioned where the discharge location for this proposed development would be. Mr. McCain stated that discharge would not occur until after a storm passes and would be into that canal. He continued that they have been working with Hazen and Sawyer and that the canal peaks at a 22.6-foot elevation. He stated that their site would take water from the canal into their lake until the canal recedes back to a 21-foot elevation, so nothing would discharge off of their site. Ms. Hammer questioned how big the lake would be in their community. Mr. McCain stated it was a 3-acre lake. Ms. Hammer questioned the discharge rate of their lake. Mr. McCain stated that it was 1 inch per 24-hour period, both ways. P&Z / LPA Regular Meeting July 15, 2004 Page 13 of 25 ~/ SUBIECT TO PLANN;NG & ZONING Chairman Hearn stated that this development would have the backs of their homRes~i`ac~ng APPROVAL the fronts of homes in Lakewood Park, which is out of character for the neighborhood. Mr. McCain stated that they would have landscape buffers to act as a barrier. Ms. Hammer questioned how high and wide the buffer would be. Mr. McCain stated it would be 15-20 feet wide and 2 to 4 feet high. Mr. Lounds questioned if they would use the dirt from excavating the pond as fill for the lower lying lots. Mr. McCain confirmed that was correct and that they were doing that to minimize the need to import fill. Chairman Hearn questioned what the prices of the homes would be. Mr. Long stated they would range from approximately $179,900 to $249,900. Chairman Hearn questioned if they would be federally subsidized. Mr. Long stated that they would not be. Mr. Trial stated that he is glad the features of this proposed development are out of character for the neighborhood. He stated that he felt the drainage issues were also addressed. However, he stated that this plan does not fall into the proposed Master Plan for that area, which is a village. Mr. Grande entered the Planning and Zoning Commission meeting. Mr. Lounds questioned if Mr. Trial approved of this plan. Mr. Trias stated that he did not approve because he didn't feel it was compatible with the area. He also stated that having an isolated development was not ideal and this proposed plan was a better design but still not what is best for planning and urbanism. Mr. Akins questioned what the distance was between the homes. Mr. Long stated it was 10 feet. Mr. Akins stated that having homes that close was also out of character for Lakewood Park. Mr. Grande questioned the depth of the backyards. Mr. Long stated 82- 85 feet. Mr. Grande asked what the front setbacks were. Mr. Long stated 15 feet. Mr. Grande questioned the percentage of lot coverage. Mr. McCain stated it was approximately 15-20%. Mr. Grande questioned the footprint of the house on the lot. Mr. McCain stated approximately 60-65%. Mr. Grande stated that it is important not to change the character of the neighborhood or increase density. He commended the applicant for presenting a PUD but stated he felt the plan needed to be laid out more like the surrounding area and closer to the lot coverage and dimensions of the RS-4 zoning. Mr. McCain stated that their proposed plan has lots that are larger than most of those within Lakewood Park. He stated that to make the plan more like the area they would need to have each of the driveways exiting on to the roadways, which the public stated they did not want. He also stated that their proposed homes are larger than most of the homes in the area. He stated that they had to work the plan around the Oak Hammock and also worked continuously with Staff and the public to propose a plan that met every ones needs. He advised that the road right-of-way and canal were never dedicated to the County and are owned by the applicant. The applicant agreed to buffer the project and have their lake help accommodate the stormwater from Lakewood Park. P&Z / LPA Regular Meeting July 15, 2004 Page 14 of 25 ~rrr ~1 1 ~~~~ sus~~cr ro ~~P++~~L~~~! ipV~~N~~ i~~N;;G~~pp&~~ ZOP~IN$ Mr. Trigs questioned if the applicant had considered stem wall construction. "1C~Y:'TOt'~C~'~fi APPRQV{i~, stated that the applicant had considered that but 3/a of the Oak Hammock would have to be removed and the applicant did not want to do that. Mr. Trigs stated that he understands the applicant's concerns but feels they should consider other alternatives. Mr. Grande stated that if the plan were more consistent with the existing layout of Lakewood Park, which would be approximately 38-42 sites, it would be more reasonable. Mr. Long stated it would not be possible to make their development like the surrounding homes because some are trailers, some were built in the 40's and 50's and some of the area is blighted. Mr. Grande questioned why the applicant was proposing to block off their project from the surrounding neighborhood. Mr. Long stated that the site was designed around leaving as much of the Oak Hammock as possible and not putting driveways onto the main streets, as requested by the neighborhood. He also stated that the development will be self contained and he was paying for the entire infrastructure to limit the impacts to the existing areas. Chairman Hearn stated that the preliminary site plan does not preserve as much of the Oak and Palm Hammock as he would like and questioned if the entrance would be across from Lakeside Way. Mr. Long confirmed the entrance and stated that they exceeded their tree mitigation standards by approximately 200 inches. Chairman Hearn opened the public hearing. Clair stated that she was a resident of Lakewood Park and was concerned about the flooding issues in the area. She stated that if this project is developed it will impact the drainage on an already flooding canal. She also stated that the swales are already overwhelmed when it rains and adding Portofino Shores and Emerson Estates has only made the problems worse. She advised that adding this project will not help the flooding issues. She also stated that she vas concerned about the density of this project and the projected 61x82 lot sizes. She stated that having lots that small was not consistent with Lakewood Park. y Mr. Carl Banker, resident of Lakewood Park, handed out a copy of 2 maps. He stated that he went to the Board of County Commissioners on several occasions to make them aware of the issues regarding flooding and stormwater in Lakewood Park. He stated that he did not want this project approved and felt the Board needed to handle the existing flooding issues in the area before approving any more projects that will affect their lakes and stormwater retention. Ms. Julie Orben, resident of Lakewood Park, stated that when Emerson Estates was approved it put Indrio Road at the maximum capacity allowed and this project will only add more traffic. She questioned how this applicant's transportation impact report did not show the capacity of the road as exceeding acceptable standards if Emerson Estates approval put the road at the maximum capacity. Ms. Snay stated that the traffic engineer stated that it is acceptable and as per the Land Development Code this project meets those standards. Ms. Orben stated that the local fire station cannot handle any more PRZ / LPA Regular )vleeting July 15, 2004 Page 15 of 2~ ~~~IUttIV1AL~ BlECT TO PLANNIi~ & ZON1~6 O~R~ISSION ~PPROVAI homes and questioned if this project was reviewed by the fire department. Ms. Snay confirmed that the fire department is on the review committee and had reviewed the site plan and the applicant addressed any issues to their satisfaction. Ms. Orben also stated that they should consider lowering the speed limit on Palomar Drive so that the applicant can have an exit at that corner rather than all of the traffic existing onto Lakeside Drive. Ms. Orben stated that they don't agree with the information provided by Hazen and Sawyer and question their reports. She also stated that Lakewood Park Elementary School is already at capacity and with the law for smaller class sizes; this project will only make the situations worse. Mr. Lounds questioned if Ms. Orben's issues were with existing problems in Lakewood Park or with the petitioner's specific plan. Ms. Orben stated that the issues already exist within Lakewood Park and is concerned that adding more homes will only make matters worse. Chairman Hearn stated that he believes the problems have existed in Lakewood Park for years and the residents are frustrated that nothing has happened to alleviate those issues. This project would only exacerbate the problems. Mr. Mark Dickerson stated that he has lived in Lakewood Park for 10 years and also owns an out parcel in the middle of the neighborhood. He stated that he does not feel having a buffer is appropriate because he wants to see his neighbors. He also stated that he feels this plan is a developer wanting to get a piece of land for a cheaper price and then increase the density to make a huge profit. He stated he is against developing the land to this extent. Ms. Eileen Novak stated that she has lived in the area since 1979 and has been there to see all of the many times the area has flooded. She stated that she feels the houses in Lakewood Park are already crowded together enough and does not feel having a development like this is appropriate. She stated that she is also concerned about having only one exit out of their community onto Lakeside Drive. Mr. Greg Kauffman stated that he is a Lakewood Park resident and is against approving this type of development because it is not compatible with the surrounding area. He continued that the preservation of the Oak Hammock is a wonderful thing but having birms and a landscape buffer is not. He also stated that having a community like this makes it seem like it is a gated community, which does not make is part of Lakewood Park's community. He stated that he is concerned over only having one way in and out of the development. He also questioned if the applicant did a regional study of traffic in the area because there are many existing problems in the area. He stated that this developer should also take into consideration the North County Charrette and the goals and compatibility with that proposed master plan. Mr. John Gallo stated that he is a realtor and has been working in Lakewood Park for 4 years. He presented pictures to the Planning and Zoning Commission of the northern, southern, eastern, and western views from the subject property. He continued that the applicant is not requesting the maximum density and that this type of development would add tax dollars to the County. He also stated that this community would be surrounded P&Z / LPA Regular Meeting July 15, 2004 Page 16 of 25 by mobile homes, duplexes, and some very old homes that are less than 1000 square feet. Chairman Hearn questioned what the subject property last sold for. Mr. Gallo stated that it sold for $375,000 over a }'ear ago. Mr. Sal Magnano stated that he bought his house for $67,000 five years ago. He continued that his home is valued at $130,000 now. He stated that there are some people around that area that do not take care of their homes and hopes having a development like this come in would encourage them to. He also stated that this development would help to increase the property values in Lakewood Park, which is always a benefit. Mr. Jon Dennis stated that he lives on Hibiscus in Lakewood Park, but owns the property that is on the corner of Green Dolphin and Eden. He stated that the drainage is already failing throughout Lakewood Park and is concerned this will only cause more problems. He advised that his is against increasing density and would like to see this project denied. Chairman Hearn closed the public hearing. Mr. Bill McCain stated that the applicant is dedicating'h of Hummingbird,'/s of Eden, 'h of Palomar, and all of the canal right-of-ways to the County with this project. He also stated that they would be retaining their stormwater on site, so there would not be any additional discharge, therefore actually helping the flooding issues. He advised that the density within Lakewood Park is 4 dwelling units per acre with '/a acre lots. He stated that their proposed development is 3.95 dwelling units per acre, which is consistent with the density of Lakewood Park. He also stated that they have met all of the requirements of the Land Development Code, have worked continuously with County staff, and also have worked with public to address any concerns. He stated that Mr. Long has had several meetings with the fire department and has agreed to have each of his units installed with their own automatic sprinkler systems, which was approved by the Fire Chief. Ms. Hammer questioned ho~v this project has a density of 3.95 dwelling units per acre if their side yards are only 10 feet wide. Mr. McCain explained that the density is an average after accounting for the 35% open space standard, and the conservation of the Oak Hammock. Ms. Hammer questioned what the average lot size would be. Mr. McCain stated they would be 62x85. Ms. Hammer stated that in Lakewood Park their lots are '/a acre lots with an average lot size being 80x 125. Mr. Lounds questioned if the applicant would be able to have more units on the property if not required to have open space. Mr. McCain stated they would get approximately 3-5 more lots under a standard grid design. Chairman Hearn questioned how many units he could get on the property if they did a layout more like Lakewood Park. Mr. David Kelly stated that it could be approximately 80 units. Chairman Hearn questioned if that would be possible with the preservation area for the Oak Hammock. i~fr. Kelly stated that the preservation of the Oak Hammock would not be required under development through the straight zoning. He continued that SUBI~CT TO PLA1dMlflld; ~ ZONIE~ G~~~ISSION APPROVAL. P&Z / LPA Regular Meeting July 15, 2004 Page 17 of 25 O~rce~~ SURIECT TO PLANNING ~ Z0~01(1~ COR~~gISS10N APPROYAl. under a PUD they are required to maintain open space, tree preservation, and a stormwater retention area, which are not required under straight zoning development. Mr. Grande stated that no matter how the property was developed the drainage and flooding issues would still exist. Ms. Hensley stated that in the past the Planning and Zoning Commission and the public have asked that developers not move to the west for development. She stated that this is an infill project, which is what they have asked for in the past. She continued that the plan may have some slight design issues but have met all of the requirements of the County, as well as the requests of the community. She also stated that the developer should talk to Mr. Marty Sanders about possibly donating money for the School Board to use to purchase lands since impact fees don't incorporate the cost of the land. She advised that this project won't impact the schools greatly and is an infill project. Mr. McCain stated that he would discuss donations with Mr. Sanders. Chairman Hearn stated that if there is too much infill it destroys the character of a neighborhood. Ms. Hensley stated that she feels open space is a necessity and this project has it. She stated that she could not disagree with the merits of the project. Mr. Trias stated that the community should expect quality and neighborhoods designed with basic urbanism ideas. Ms. Hammer stated that she is not in .favor of infilling just anywhere because these developments don't pay for themselves and the services required for servicing them. She continued that it needs to be compatible with Lakewood Park and the existing flooding issues need to be a concern. Mr. Grande stated after considering the testimony presented during the public hearing, including Staff comments, and the Standards of Review as set forth Section 11.06.03, St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners deny the application of James T. Long, Skyline Building and Development, for a Change in Zoning from the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District to the PUD (Planned Unit Development -Oakland Estates) Zoning District because the PUD plan, as presented in the application, would not be a positive addition to the community. It would be inconsistent with the surrounding community and is totally unjustified for this parcel in this area. Motion seconded by Mr. Akins. Mr. Lounds stated that this board has asked that PUD's be brought before them so they have the opportunity to do what we have done here tonight. PUD's are designed to fulfill the need of inconformancy around some areas. He stated that he feels this company has brought some good ideas to this and satisfied their drainage needs. Mr. Grande stated that this property coming forward as a PUD is the right thing; however the design of the PUD is wrong. He continued that it should be brought back to them as a PUD again but with a revised, quality design, and consistent with the neighboring community. P&Z / LPA Regular Meeting July 15, 2004 Page 18 of 25 ~su~~~c~ To ~A MISSION APP COtW Chairman Hearn stated that they have asked for PUD's and not all the PUD's submitted are the quality deserved by the County. He stated that the developer of this property could come back with a revised plan that is more compatible with the community that could be approved. Upon a roll call vote the motion was approved ~vith a vote of 6-1 (with Mr. Lounds voting against) and forwarded to the Board of County Commissioners with a recommendation of denial. P&Z / LPA Regular Meeting July 15, 2004 Page 19 of 25 ~./ BOARD OF COUNTY COMMISSION REVIEW: 8/3/04 RZ-04-017 GROWTH MANAGEMENT DEPARTMENT (Planning Division) MEMORANDUM TO: Board of County Commission FROM: Interim Growth Management Direct DATE: July 22, 2004 SUBJECT: Application of Lennar Homes, Inc., for a Change in Zoning from the PUD (Planned Unit Development) Zoning District to the RM-5 (Residential, Multiple-Family - 5 du/acre)) Zoning District. LOCATION: Southeast corner of the intersection of Silver Oaks Drive and Tilton Road. EXISTING ZONING: Expired PUD (Planned Unit Development -Silver Oaks) PROPOSED ZONING: RM-5 (Residential, Multiple-family - 5 du/acre) FUTURE LAND USE: RU (Residential Urban) PARCEL SIZE: 106.39 acres PROPOSED USE: The purpose of the requested change in zoning is to bring the subject in conformance with the previous RM-5 (Residential, Multiple-family - 5 du/acre) zoning designation in existence prior to the 1994 final PUD plan approval and rezoning. The applicant has also indicated a desire to develop the subject property as a project with a mixture ofsingle-family residential homes and multi-family townhomes. PERMITTED USES: Section 3.01.03(L), RM-5 (Residential. Multiple-family - 5 du/acre identifies the designated uses which are permitted by right, permitted as an accessory use, or permitted through the conditional use process in the RM-5 (Residential, Multiple-family - 5 du/acre) Zoning District. Any use designated as a "Conditional Use" is required to undergo further review and approval. Any use not identified in the zoning district regulations is considered to be a prohibited use in that district (see Attachment "AA"). SURROUNDING ZONING: AR-1 (Agricultural Residential -1 du/acre) zoning to the north and further east; RM-5 (Residential, Multiple-family - 5 du/acre) zoning to the east and west and RMH-5 (Residential, Mobile Home - 5 du/acre) zoning to the south. ~Irr' August 10, 2004 Page 2 Petition: Silver Oaks Rezoning File RZ-04-017 SURROUNDING LAND USES: To the north, west and east are portions of the St. Lucie Gardens platted area, with a scattering of vacant lots intermixed with large lot single-family residential development; directly to the northwest corner of the site is a nursery; to the south is Spanish Lakes I Mobile Home Park. The surrounding properties to the north of the subject property are designated with a RS (Residential Suburban) future land use designation; properties to the south and west are designated with a RU (Residential Urban) future land use designation and the properties to the east are designated with a RE (Residential Estate) future land use designation. FIRE/EMS PROTECTION: Station # 6 (350 E. Midway Road), is located approximately 4 miles to the southwest. UTILITY SERVICE: The subject property is part of the Lennard Road MSBU and as such as part of the construction of Lennard Road, water and sewer lines will be laid. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: Silver Oaks Drive has an existing right-of-way of 100 feet. Tilton Road has an existing right-of-way of 80 feet. Access can be obtained through Dyer Road. SCHEDULED IMPROVEMENTS: See Section 5 below TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Board of County Commissioners shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The applicant is requesting a change in zoning from the PUD (Planned Unit Development- Silver Oaks) Zoning District to the RM-5 (Residential, Multiple-family - 5 du/acre) Zoning August 10, 2004 Petition: Silver Oaks Rezoning Page 3 File RZ-04-017 District. On February 25, 1992, the Board of County Commissioners approved a Preliminary Development Plan for the Silver Oaks PUD, via Resolution 92-020. This approval was for a 422 unit, single-family residential project, at a density of 2.27 du/acre. On August 16, 1994, the Board of County Commissioners approved a Final Development Plan for the Silver Oaks PUD, via Resolution 94-127, for a rezoning from the RM-5 (Residential, Multiple Family - 5 du/acre) zoning district to the PUD (Planned Unit Development) zoning district, to allow a 422 lot single-family residential development. To date this project has not been developed and therefore has expired. At the August 3, 2004 public hearing, the Board of County Commissioners recommended a continuance of the subject petition to the August 17, 2004 public hearing. At this time, the applicant is requesting that the County approve a rezoning request to allow the proposed zoning district which is consistent with the original RM-5 (Residential, Multiple- family - 5 du/acre) zoning district. This zoning district is consistent with the Land Use/Zoning Consistency Matrix. Section 11.09.02(A) states that the Consistency Matrix shall be used to determine consistency of the existing zoning districts in the Zoning Code with the Future Land Use Element of the St. Lucie County Comprehensive Plan. Any development proposed for the subject property will be required to satisfy all criteria set forth within the St. Lucie County Land Development Code. The site design will be required to satisfy Section 6.02.03 of the Land Development Code. During discussions with the applicant about this petition, staff discussed the potential of a PUD (Planned Unit Development) petition being submitted for review and approval by the County. The applicant indicated that they were not willing to undergo the PUD process at this time. The justification for their decision is that the physical characteristics of the proposed site, with the existing wetlands, dictates the form of development that may occur on this site. As such, the property does not lend itself to satisfying the purpose of the PUD district as set forth in Section 7.01.01. Section 7.01.01 indicates that the purpose of the PUD (Planned Unit Development) zoning district is to achieve residential land development of superior quality through the encouragement of flexibility and creativity in design options that: A. Permit creative approaches to the development of residential land reflecting changes in the technology of land development; The physical characteristics of the site will dictate the development opportunities. The proposed site contains a number of wetlands which are of good quality and will be required to be preserved under the criteria set forth in Section 6.02.03 of the LDC. No variations in County requirements will be needed to develop the proposed site. Therefore, the project can be designed within the parameters of a standard zoning classification. B. Allow for the efficient use of land, which can result in smaller networks of utilities and streets and (hereby lower development costs; i`,r August 10, 2004 Page 4 Petition: Silver Oaks Rezoning File RZ-04-017 Again, the physical characteristics of the site will be dictating where development can occur on the site. The upland areas on this site are not connected in a manner, which will provide the opportunity to interconnect the utilities and streets to lower the development costs. The applicant will be required to design the project with minimal impacts to the existing wetlands on the site. Access to the site can be obtained off of Dyer Road. Therefore, the project can be designed within the parameters of a standard zoning classification. C. Allow design opfions that encourage an environment of stable character, compatible with surrounding land uses; and The subject property is surrounded on the east and west by the RM-5 (Residential, Multiple-family- 5 du/acre) zoning district; the properties to the south are designated with the RMH-5 (Residential, Mobile Home - 5 du/acre) zoning district and the properties to the north are designated with the AR-1 (Agricultural, Residential - 1 du/acre) zoning district. As such the requested RM-5 (Residential, Multiple-family- 5 du/acre) zoning district would be permitted and would satisfy this criterion. Therefore, the project can be designed within the parameters of a standard zoning classification. D. Permit the enhancement of neighborhoods through fhe preservation of natural features, the provision of underground utilities, and the provision of recreation areas and open space. Any site design would be required to preserve the natural features (wetlands) on the site and therefore the PUD (Planned Unit Development) zoning classification would not benefit any site design. According to Section 3.01.03(L) of the St. Lucie County LDC, the purpose of the RM-5 (Residential, Multiple-family - 5 du/acre) is to provide and protect an environment suitable for single-family, two-family, three-family and multiple-family dwelling units at a maximum density of five dwelling units per gross acre, together with such other uses as may be necessary for and compatible with low and medium density residential surroundings. The overall analysis of the petitioner's application for a rezoning from the PUD (Planned Unit Development) zoning district to the RM-5 (Residential, Multiple-family - 5 du/acre) zoning district would not result in an adverse impact on the surrounding area. It would be consistent with the existing zoning patterns established in 1986, with the adoption of the St. Lucie County Zoning Map. At that time, the subject property was considered to be an appropriate location for more intense urban development that could be developed with a maximum density of 5 du/acre. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; Table 1.6 of the Future Land Use Element, Data and Analysis, indicates those zoning classifications allowed under the RU (Residential Urban) Future Land Use Designation. August 10, 2004 Page 5 Petition: Silver Oaks Rezoning File RZ-04-017 According to this table, the RM-5 (Residential, Multiple-family- 5 du/acre) Zoning District is considered to be acceptable within the areas designated with a Future Land Use Classification of RU (Residential Urban). The proposed rezoning request is consistent with all elements of the St. Lucie County Comprehensive Plan. In addition to the 106.38-acre site under petition tonight, the applicant also owns an additional 49.39 acres to the east, which is zoned RM-5 (Residential, Multiple-family - 5 du/acre). The total potential development for the entire 155.76-acre site (both the 106.32-acre land parcel and the 49.30- acre land parcel) is 779 residential units. In addition, Policy 1.1.5.1 of the Future Land Use Element requires that urban development activities shall be restricted to that area identified as the Planned Urban Service Area. Urban development activities are defined, for the purpose of this Policy, as any residential development activity in excess of two units to the gross acre, any non-agricultural commercial activity or any non-extractive/non-agriculturally related industrial activity. The proposed development site is east of US Highway One, which lies east of the existing Planned Urban Service Area as depicted within the St. Lucie County Comprehensive Plan. Policy 1.1.5.2 of the Future Land Use Element states that prior to development approvals within the Urban Service Area, the County shall consider the provision of urban and community services/facilities. Development which requires provision of these services in areas which the adopted Water and Wastewater Master Plan does not anticipate serving concurrently with the developments needs shall be discouraged. The proposed Silver Oak site is located within the Lennard Road MSBU area. As part of the site planning process, the developer will be required to install a portion of Lennard Road adjacent to his property, as part of the installation water and sewer lines will be required to be installed. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed zoning district is considered to be consistentwith existing and proposed future land use designations in the area. The subject land parcel is located in an area designated on the Future Land Use Element as RU (Residential Urban). In addition, the parcel of land lies within the Urban Service Area, which is designated as appropriate for urban development. The property is also currently designated with a PUD (Planned Unit Development -Silver Oak) zoning designation on the County Zoning Map. At this time, the PUD development site plan has expired and the subject parcel has no permitted use as the zoning district is tied to the site plan. The surrounding properties to the north and east are utilized for large lot single-family development interspersed with vacant lots. Immediately adjacent to the northwest corner of the parcel on the north side of Tilton Road is a landscape nursery. The permitted uses in the RM-5 (Residential, Multiple-family-5 du/acre) Zoning District are not expected to unduly impact the surrounding area or uses. Further, the proposed zoning designation is consistent with the zoning previously designated for this site. 4. Whether there have been changed conditions that require an amendment; Conditions have changed so as to require an amendment. In 1994, the Board of County Commissioners approved a rezoning from the RM-5 (Residential, Multiple-family - 5 August 10, 2004 Page 6 Petition: Silver Oaks Rezoning File RZ-04-017 du/acre) zoning district to the PUD (Planned Unit Development -Silver Oaks) zoning district. The development was never constructed and therefore expired. The property is currently zoned expired PUD. In order for the property to be developed the applicant is either required to rezone to an appropriate designation or submit for another PUD approval. The applicant has chosen to request that the property be rezoned to the same designation that was in effect prior to the PUD approval (RM-5 (Residential, Multiple-family - 5 du/acre)). 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; At the time of development of the subject property the applicant will be required to construct a segment of Lennard Road, such alignment is to be determined. This construction will include all infrastructure improvements for water and sewer. As part of the site plan, the developer of the proposed land will also be required to dedicate right-of-way for the extension of Lennard Road as well as to construct a portion of the road, upon right-of-way being obtained from the County. Access to the site may be obtained from Dyer Road. The subject property currently has capacity for 540 single-family residential units under the Lennard Road MSBU agreement. The Lennard Road MSBU provides for the installation of water and sewer lines during the construction of the Lennard Road project. In addition, to the assessed value, the Lennard Road MSBU - Porta Oaks Development Agreement requires the developer to pay $18,000 to the County as a necessary condition. The proposed RM-5 (Residential, Multiple-family - 5 du/acre) zoning designation is not expected to increase the impact on the County's school system. The site had a previous approval which considered the impacts on the school system. At the time of site plan approval, the applicant will have to provide verification from the school district that no additional capacity is required for their development. The development will also be required to pay school impact fees. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. The applicant/property owner will be required to comply with all federal, state, and local environmental regulations as part of any submitted development plans for the site. Further, any site design will require that the applicant provide a site layout that impacts the existing wetlands on the site to the minimum possible. The proposed site location was previously looked at by the St. Lucie County Environmental Lands Advisory Committee for potential purchase. It has been determined not to be of significance, as the property is not physically connected to the Savanna Preserve. In addition, the state agencies have also determined that the subject parcel is not acceptable for acquisition funding, as it is not connected to the Savanna Preserve environmental area. ~' August 10, 2004 Petition: Silver Oaks Rezoning Page 7 File RZ-04-017 Currently, this project is not listed on the County's list of potential properties for acquisition. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; An orderly and logical development pattern will occur with this change in zoning. The subject property has access onto US Highway One via the Silver Oaks Drive and Dyer Road. In addition, as previously indicated the developer will be required to construct a portion of Lennard Road, the alignment to be worked out with the St. Lucie County Public Works Department. The request for a change in zoning may change the development pattern that is occurring within the existing large lot single-family development in this area. The developer has expressed aninterest in amixture ofsingle-family and multi-family townhouse development. These uses are consistent with the surrounding RM-5 (Residential, Multiple- family - 5 du/acre) zoning. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The petitioner, Lennar Homes, Inc., has requested this change in zoning from the PUD (Planned Unit Development -Silver Oaks) to the RM-5 (Residential, Multiple-family - 5 du/acre) Zoning District in order to develop a mixed single-family and multifamily (townhouse) development. The subject property is located on the southeast corner of the intersection of Silver Oak Drive and Tilton Road The indicated purpose of this change in zoning is to rezone the property to the same designation that was in existence prior to the 1994 final PUD plan for the Silver Oaks single-family residential project. The prior 1994 approved PUD development plan was never constructed and therefore has expired. The property has an expired PUD site plan and no development can occur until either the property is rezoned to an appropriate zoning designation or a new PUD plan is approved by the County. During discussions with the applicant, staff did discuss the PUD (Planned Unit Development) process. The applicant indicated that the proposed site layout will be dictated by the existing physical characteristics of the site with the upland portions being surrounded by wetlands and not significantly connected at any point and therefore, the PUD process would not be necessary for this site. The required preservation of wetlands will provide for approximately 30% of the site being undevelopable and placed under a conservation easement. The applicant has indicated a desire to develop the subject property as a mixed single family and multi-family (townhome) development. The applicant is requesting the change in zoning to the RM-5 ~' August 10, 2004 Page 8 Petition: Silver Oaks Rezoning File RZ-04-017 (Residential, Multiple-family - 5 du/acre) zoning district to be consistent with the zoning designation prior to an approved PUD plan in 1994. The subject property is in an area designated within the Comprehensive Plan as being compatible with or for the RM-5 (Residential, Multiple-family - 5 du/acre) Zoning District. Attached is a copy of Section 3.01.03(L) - RM-5 (Residential, Multiple-family- 5 du/acre), of the St. Lucie County Land Development Code, which delineates the permitted, accessory and conditional uses allowed in the RM-5 (Residential, Multiple-family - 5 du/acre) Zoning District. If the change in zoning request were approved, the applicant, by right, would be allowed to establish any of the uses under the Permitted Uses section. Any use under the Accessory Uses section would be allowed only if one or more of the permitted uses exist on the subject property. Any use under the Conditional Uses section could only be allowed if it first receives approval through the Board of County Commissioners. Staff has reviewed this petition and determined that it conforms to the Standards of Review as set forth in the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. At the June 17, 2004 public hearing the Planning and Zoning Commission to recommended that this petition be forwarded to the Board of County Commissioners with a recommendation of denial by a 5-2 vote (Mr. Merritt and Mr. McCurdy being the dissenting votes) with two members absent (Mr. Lounds and Mr. Akins). At the August 3, 2004 public hearing, the Board of County Commissioners recommended that the applicant's petition be continued to the August 17, 2004 public hearing. Staff has reviewed the requested zoning and finds that the RM-5 (Residential, Multiple-family - 5 du/acre) zoning is consistent with the provisions of the St. Lucie County Land Development Code and the Comprehensive Plan. Subsequent to the Board's comments on August 3, 2004, staff reviewed the request and the site plan which is currently under review bythe County's Development Review Committee. While the site plan cannot be considered as a condition of the rezoning, as it could with a request for PUD (Planned Unit Development, the site plan is constrained by the site and its natural features. These constraints effectively require the set aside of open space and determine the upland areas subject to the construction of the necessary infrastructure and residential structures. A PUD approval for this property will not provide for additional control by the County. Therefore staff recommends that you approve draft Resolution 04-094, rezoning the subject property from the PUD (Planned Unit Development) zoning district to the RM-5 (Residential, Multiple-family- 5 du/acre) zoning district. Please contact this office if you have any questions on this matter. cs cc: Rett Waldman, Lennar Homes Greg Boggs, Thomas Lucido & Associates File H:\wp\rezoning\Silver Oaks\pz.stfrpt.doc 2 3 4 5 6 s 9 io 1i ~e~' RESOLUTION 04-094 FILE NO.: RZ-04-017 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE PUD (PLANNED UNIT DEVELOPMENT - SILVER OAKS) ZONING DISTRICT TO THE RM-5 (RESIDENTIAL, MULTIPLE-FAMILY - 5 DU/ACRE) ZONING DISTRICT OF CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence including, but not limited to the staff report, has made the following determinations: 1. Lennar Homes, Inc. presented a petition for a change in zoning from the PUD (Planned Unit Development) zoning district to the RM-5 (Residential, Multiple-family - 5 du/acre) zoning district for the property described in Part A below. 2. On June 17, 2004, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners deny the hereafter described request for a change in zoning from the PUD (Planned Unit Development) zoning district to the RM-5 (Residential, Multiple-family - 5 du/acre) zoning district for the property described in Part A below. 3. On August 3, 2004, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property and continued the proposed petition to the August 17, 2004 public hearing. 4. On August 17, 2004, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property 5. The proposed change in zoning is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. 6. The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area. File No.: RZ-04-017 August 3, 2004 Resolution 04-094 Page 1 ~` NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 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 A. The proposed change in the zoning district classification from the PUD (Planned Unit Development) to the RM-5 (Residential, Multiple-family - 5 du/acre) is herby approved for that property owned by Lennar Homes, Inc. and described as follows and depicted on the maps in Exhibit A: A CERTAIN PARCEL OF LAND LYING IN SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. SAID PARCEL OF LAND ALSO LYING WITHIN BLOCK 4, ST. LUCIE GARDENS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGES 35 AND 36, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ONE-QUARTER (1/4) CORNER OF SAID SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST; THENCE N 89°52'45" E, ALONG THE SOUTH LINE OF THE SOUTHEAST ONE QUARTER (1/4) SECTION LINE OF SAID SECTION 23, A DISTANCE OF 50.00 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SILVER OAK DRIVE, SAID RIGHT OF WAY LINE LYING 50.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF THE SOUTHEAST ONE- QUARTER (1/4) OF SAID SECTION 23; THENCE N 00°13'26" W, ALONG SAID EASTERLY RIGHT OF WAY LINE OF SILVER OAK DRIVE, A DISTANCE OF 2606.82 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF TILTON ROAD, SAID RIGHT OF WAY LINE ALSO LYING 40.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER (1/4) OF SAID SECTION 23; THENCE N 89°56'47" E, ALONG SAID TILTON ROAD RIGHT OF WAY LINE, A DISTANCE OF 1282.25 FEET; THENCE S 27°24'06" E, DEPARTING SAID RIGHT OF WAY LINE, A DISTANCE OF 1444.25 FEET; THENCE S 00° 00'08" W, A DISTANCE OF 1321.71 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST ONE- QUARTER (1/4) OF SAID SECTION 23; THENCE S 89°52'45" W, ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER (1/4) OF SAID SECTION 23, A DISTANCE OF 1936.70 FEET TO THE POINT OF BEGINNING. CONTAINS 106.37 ACRES, MORE OR LESS. Tax Id. No. part of 3414-501-0801-050/8 Location: Southeast corner of the intersection of Silver Oaks Drive and Tilton Road B. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the change to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. File No.: RZ-04-017 August 3, 2004 Resolution 04-094 Page 2 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 `'1~„i After motion and second, the vote on this resolution was as follows: Chairman Paula Lewis XXX Vice-Chairman John Bruhn XXX Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED This 3~d day of August 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\Rezoning\Silver Oaks/bcc\silveroaks.resolution.wpd File No.: RZ-04-017 August 3, 2004 Resolution 04-094 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 ~/'' On August 3, 2004, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property Exhibit A Map Series File No.: RZ-04-017 August 3, 2004 Resolution 04-094 Page 4 pADFFlCIAI- SUBIECT TO PI.~NN1N~ b ZONINA AGENDA ITEM 2: LENNAR HOMES, INC. -FILE NO. RZ-04-017: '' ^~ry'`~''~A~N APPROVAL Ms. Cyndi Snay, presenting Staff comments, stated that Agenda Item # 2 was the application of Lennar Homes, Inc. for a Change in Zoning from the PUD (Planned Unit Development) Zoning District to the RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning District for property located on the southeast corner of the intersection of Silver Oak Drive and Tilton Road. The indicated purpose of this change in zoning is to rezone the property to the same designation that was in existence prior to the 1994 final PUD plan for the Silver Oaks single-family residential project. The prior 1994 approved PUD development plan was never constructed and therefore has expired. The property has an expired PUD site plan and no development can occur until either the property is rezoned to an appropriate zoning designation or a new PUD plan is approved by the County. During discussions with the applicant, Staff did discuss the PUD (Planned Unit Development) process. The applicant indicated that the proposed site layout will be dictated by the existing physical characteristics of the site with the upland portions being surrounded by wetlands and not significantly connected at any point and therefore, the PUD process would not be necessary for this site. Staff has reviewed this petition and determined that it conforms to the Standards of Review as set forth in the St. Lucie County Land Development Code and is not in conflict with the Goals, Objectives, and Policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. Chairman McCurdy questioned if the applicant was present. Mr. Al Brodeur, Thomas Lucido and Associates stated that he was representing the petitioner Lennar Homes. He stated that about ten (10) years ago the site was zoned RM-5 (Residential, Multi-Family - 5 du/acre). He continued that the property owner at that time petitioned for a rezoning to a PUD (Planned Unit Development) on the subject property and was approved for 422 dwelling units. He advised that the approval has since expired and they are requesting that this parcel be rezoned back to the original RM-5 (Residential, Multi-Family - 5 du/acre) zoning. Mr. Trias questioned if the applicant had any particular development plans on the site. Mr. Brodeur displayed a conceptual drawing of the site with 130 dwelling units, which was an average density of 1.2 units per acre. He continued that the reason for the lower density on this site was because approximately 25% of the site is wetlands and this conceptual plan would only impact .3 acres of those wetlands. Ms. Hammer questioned how the previous property owner was able to receive an approval for 422 units. Mr. Brodeur stated that the property has an RU (Residential, Urban) land use, which allows for a maximum density of five (5) units per acre, which also included the eastern sections of the property. He also stated that this rezoning request does not include those additional portions. Ms. Hammer questioned how many units the applicant was planning for the entire site. Mr. Brodeur stated that they did not have an actual number at this time and explained that this request was not for both areas. He also stated that under the RM-5 (Residential, Multi-Family - 5 P&Z / LPA Regular Meeting June 17, 2004 Page 5 of 27 1~iIfV r r 1411~IL"~ B1ECT TO PLAHNiN~ & ZONINN EOIMI~lSSION APPROVAL du/acre) zoning they are required to have an 8,000 square foot minimum lot size, under a PUD (Planned Unit Development) there are no minimum lot size requirements. Ms. Hammer stated that they are proposing to have 130 units on this site. Mr. Brodeur confirmed that was correct. Ms. Hammer questioned why the applicant was requesting to have an RM-5 (Residential, Multi-Family - 5 du/care) zoning on this site if they were only proposing to have 130 units and that seems excessive. Mr. Brodeur explained that the previously approved PUD (Planned Unit Development) expired and that in most other counties when a PUD expires the original zoning is placed back on the property. He stated that they were under the assumption that would happen in this case, but found out that St. Lucie County does not automatically do that, so they are here requesting that. Ms. Hammer stated that she did not feel they needed to have an RM-5 zoning with their proposed plan and didn't see a need to rezone the property back to such a dense zoning when a less dense zoning of two units per acre would work for their proposed project. Mr. Brodeur stated that their client did not feel that was appropriate and would like to have the RM-5 zoning because of the larger lot size requirements. He continued that a maximum of 5 units per acre was allowed under the existing land use on the property. Ms. Hammer stated that she was uncomfortable with an RM-5 zoning, especially since the applicant is proposing a development that would work within a 2 unit per acre zoning. Mr. Hearn questioned why the applicant did not request to be rezoned to RS-2 (Residential, Single-Family - 2 du/acre) since their proposed plan only anticipates an average of 1.2 units per acre. Mr. Greg Boggs, Thomas Lucido and Associations, stated that their request is consistent with the RU land use and that are just asking that the expired PUD be reverted back to the original RM-5 zoning, which is the zoning that the Board of County Commissioners had applied to the property previously. Mr. Hearn questioned again why the applicant was asking for such a dense zoning when the plan they displayed did not require it. Mr. Boggs stated that plan displayed was only a concept plan. He also stated that the RS-2 zoning has a minimum lot width of 100 feet, which would not work with their proposed plans. He continued that Lennar was proposing to have lots that were 75 x 135 and would need the RM-5 zoning for these lots to meet all of the setback requirements. He stated that the RM-5 zoning allows for more flexibility, would allow for town homes, which allows for amixed-use project, which the RS-2 zoning does not allow. Mr. Hearn stated that he did not believe the RM-5 zoning that was on the project previously was right for the site and that is why the PUD was a more appropriate zoning choice for that area. Mr. Boggs stated that the Comprehensive Plan governs the site, which is RU, and allows for up to five (5) units per acre. Mr. Hearn stated that he was not comfortable with a straight RM-5 zoning on this property and feels that a request for RS-2 would be more appropriate for the area. Ms. Snay stated that the RS-2 zoning would not allow for town homes, which the applicant has stated they are interested in building; however the PUD zoning would allow amixed-use development. Mr. Grande stated that if the applicant had requested a new PUD plan they would be locked in, but the straight RM-5 zoning does not give anyone any assurances to how the property would be developed. Mr. Trias stated that he was not comfortable with a straight rezoning and would have preferred to see a PUD request. P&Z / LPA Regular Meeting June 17, 2004 Page 6 of 27 ~. .~ UI~OFFICIAL~- SUg1ECT TO r " "~~~~~~~ ~ ?ONINR .. .. . •rA Mr. Boggs stated that their design ideas are good but that what they displayed was only a concept plan. He also stated that they would have to redesign everything in order to submit a PUD application. Mr. Grande questioned if the applicant could have lots that are 75 X 135 under an RS-2 zoning. Ms. Snay stated that the minimum lot width under RS-2 zoning was 100 feet therefore making those size lots unacceptable under an RS-2 zoning. Mr. Boggs stated that the proposed project was in a high growth area, inside of the Urban Service Boundary, and therefore should be granted a standard zoning. He continued that there are situations when a PUD request is necessary, but he does not feel this is one of those situations. Mr. Grande stated that with a PUD request they are assured what would be built on the site, with a straight rezoning they are not guaranteed anything. Mr. Trias stated that he agreed and that the requests for a PUD were not utilized to their fullest in the past and he feels it is time to start doing that so that there are clear plans for the County. Mr. Boggs stated that because the site has 30 acres of wetlands they are very restricted on how they can develop the property, so it would not be possible for them to even get the maximum density if granted an RM-5 zoning because of the environmental restrictions. Mr. Merritt stated that he has been a member of the Planning and Zoning Commission for over ten (10) years and feels that this Commission is micro-managing development within the County. He stated that there is RM-5 zoning to the east and north, and RMH-5 zoning to the south, so this request is consistent with the surrounding areas. He continued that the applicant is asking to rezone the property back to its original zoning and the 30 acres of wetlands restricts much of their ability to develop the property. Chairman McCurdy stated that this request is consistent with the land use and surrounding zonings. He also stated that this is a logical request, is not sprawl, and does not see a problem with this request either. Chairman McCurdy opened the public hearing. Mr. Frank Knott stated that he lives to the east of the subject property. He advised that the smallest properties in the area are over an acre and a half and that these 8000 square foot lots are nothing in comparison. He stated that the area is not yet considered to be a high growth area and until the PD&E study is completed they should not be categorized that way. He continued that there are only dirt roads in that area and there are no town houses anywhere, so it is not consistent with their neighborhoods. He also stated that even though there are wetlands on the property that does not stop them from developing because they can mitigate those wetlands. He continued that if they receive a zoning that allows a maximum of 5 units per acre, since this property is 106 acres, they would be able to get 580 units on the subject property. Mr. George Stone, 1225 Tilton Road, stated that they have an equestrian community that has the Savannas close by and homes on at least an acre and a half. He continued that the Savanna Club Mobile Home Park is also in the area, but there are no town houses out there and having them would not fit in with their community. Ms. Frances Doro, 7180 South Drive, stated that she has lived there for over 20 years and that a lot has changed in the area over those years. She stated that when the original PUD was approved P&Z / LPA Regular Meeting June 17, 2004 Page 7 of 27 ~ UNOFFICIAI.- SUBIECT TO pLpNNiN6 & ZOWifB COMMISSION APPRUYAL there was a stipulation that they would need to pave the roads to U.S. 1. She advised that she is concerned that with a straight rezoning request the road issues would not be addressed and feels this project needs to have further review regarding the paving of the roads. Ms. Snay stated that when the applicant brings in a site plan for approval the road issues would be addressed at that time. She continued that this is a rezoning request and they cannot condition a rezoning in any way. She advised that Staff would address any concerns over the Lennard Road expansion at the time of site plan review and the developer would be required to meet those conditions for the site plan to receive approval. Ms. Deborah Cain, 1250 Tilton Road, stated that Lennar Homes is not the recorded owner of this property and questioned how they could request a rezoning on something that is owned by someone else. She continued that she believes Lennar has not bought the property yet because they want it at an RM-5 zoning first and if they don't receive the rezoning they won't buy the property. She also stated that the MSBU for that area was accessed at $2,000 per unit for the 438 approved units by the previous PUD approval. She questioned who would be responsible for paying the difference if this request is granted and the applicant actually only develops 132 units. She also questioned if the developer would be required to by for any additional units over the 438 if they do develop the property to the maximum of five (5) units per acre. She stated that she has been waiting for Lennard Road to be expanded for 15 years and it still has not been started. She also stated that the Department of Environmental Protection advised her that they would not allow the expansion of Lennard Road. Mr. Grande questioned how many units were reserved under the MSBU for the previously approved PUD. Ms. Snay stated that 540 units were reserved under the MSBU. Ms. Michelle Smith stated that she lives on 5 acres and agrees that a PUD request should be used on this property. She questioned why Lennar could not just use the plan that was already approved previously to develop the project. She continued that she feels they are hiding something, which is why they don't want to submit a PUD application and only want the straight RM-5 zoning. She stated that they are in a wooded, secluded area that backs up the Savannas and does not feel this proposed plan would fit in with their neighborhood. She also stated that Lennar knew that wetlands were on the property before they ever offered to purchase it and that the Army Core of Engineers will allow for them to do some mitigation so they can build on it. She advised that they are a family in that community and don't want the added traffic. Mr. Brian Holden stated that he was a representative of Ms. Suzy Lizano, who owns a nine (9) acre parcel on Tilton Road, immediately to the north of the proposed project. He advised that Ms. Lizano, who lives at 1634 Cranes Nest Road in Sewalls Point, gave him a letter to read stating that she was in favor of the rezoning request. Mr. John Ferrick stated that he does not live in the area but that he has friends who do and they are concerned about fire protection. He also stated that the Staff report references a fire station that would service this community but there is a station on Midway road that is closer. Ms. Snay stated that the information about the servicing fire station came directly from a map provided by the Fire District. She continued that there might be one closer, but their info shows that the station on Rhode Island would be the servicing station for this development. Mr. Ferrick stated that without a PUD request on this site there are no guarantees that the developer would not put five (5) units per acre on the site. He stated that it is a rural neighborhood that has a lot of horses and added vehicular traffic does not go with the area. He asked that this project be denied. P&Z / LPA Regular Meeting June 17, 2004 Page 8 of 27 '" OFFICIAL- SUBIECT TO PLANNING & ZONING COMtgtSS10N APPROVAi Ms. Christine Borne, of Guillotti Place, stated that Lennard Road was going to be expanded into a two-lane road, not afour-lane road. Ms. Snay stated that the road expansions are handled by the Engineering Department so she could not advise if it is planned to be two lanes or four lanes. Ms. Borne continued that the Midway Road or Prima Vista fire stations would be closer to the site. Mr. Bill Hammer stated that he does not live in the area but it sounded like a wonderful place to live. He stated that the County has been putting too much trust in developers and should not make any decisions until all of the answers are clear. He also stated that the County should be sure that a developer pays for the services they will be generating so the current residents don't have to pay any differences. Mr. Ben Permoy, 1820 Tilton Road, stated that he lives north of the subject property and it is a country setting. He stated that most of the homes out there are on 21/x to 5-acre lots and that town houses do not blend in with that. He asked that the Commission deny this request. Chairman McCurdy closed the public hearing. Ms. Morgan questioned how Lennar could apply for a rezoning if they only have the property under contract. Ms. Snay stated that there was a notarized form from the Property Owner in the file giving Lennar Homes the authority to act as the owner's agent. Ms. Hensley stated that the Lennard Road expansion is proposed to be four (4) lanes to Port St. Lucie High School and then two (2) lanes further north. Ms. Snay stated that she did not work in the Engineering Department and that they would determine how many lanes the expansion would be when the PD&E study was completed. Mr. Boggs stated that he understands the concerns of the community but that the property owner has to conform to the Comprehensive Plan. He continued that under the RU land use they are allowed a maximum density of five (5) units per acre. He stated that Lennar Homes was not trying to hide anything and that a representative from the firm was present to confirm that. He also stated that the developer would be paying their fair share through impact fees and that it was not uncommon to request a rezoning while a property is under contract. He advised that they are only requesting to take the property back to its original zoning of RM-5. He also stated that the 50-acre parcel to the right of this property has no impact on the wetlands, buffering, tree preservation, and is already being reviewed by the Staff. He continued that building spacing requirements are not reviewed in a PUD and that a straight rezoning is more restrictive. Mr. Merritt questioned what the value of the units would be. Mr. Boggs stated that as per Rhett Waldman from Lennar Homes, the single family units would start at $300,000 and that town homes would range between $190,000 to $225,000. Mr. Hearn stated that he could support a PUD request but since this is a straight rezoning request and they have no guarantees he cannot support this. Ms. Hammer stated that PUD approvals expire for a reason and this allows the County to rethink about how the areas should be developed. She continued that the County is much different now than when the original PUD was approved ten years ago. She stated that she feels an AR-1 (Agricultural, Residential - 1 du/acre) zoning would fit in the area since that is what is to the north and east of the subject property. She also stated that if they were requesting two (2) units per acre and had a firm plan, she might be able to support that request. She continued that of all P&Z / LPA Regular Meeting June 17, 2004 Page 9 of 27 ur~~uf ~ icia~- SUBIECT TO PLANNING & ZONING COMMISSION APPROVAL of the public that came up and spoke only one person stated they were for this request, and that person doesn't even live in the area, they actually live in Boca and wrote a letter. Ms. Morgan questioned why the applicant was so against requesting a PUD on this property. Mr. Grande stated that he had the same question but that he also agreed with Mr. Merritt's comment that the density is higher to the south. He stated that a PUD does give them some guarantees so he could not support this straight rezoning request. He also stated they do not have any say about a site plan because it only is reviewed by Staff and then the Board of County Commissioners, not them. Mr. Merritt questioned if the zoning is RM-5 to the right of the property. Ms. Snay confirmed that was correct and that property was also under contract by Lennar. She stated that they were proposing to have town houses on that property since it is already zoned RM-5. Chairman McCurdy questioned if that portion of the original PUD remained RM-5. Ms. Snay confirmed that was correct. Chairman McCurdy stated that this request would be bringing this portion of the property into conformity with the side that is already zoned RM-5. Mr. Grande stated that both pieces were included in the PUD and questioned how the eastern portion remained RM-5 if they approved the PUD. Ms. Snay stated that they never received a final PUD approval on both properties together. She continued that since the final approval was not finalized the eastern portion of the property remained zoned RM-5. Mr. Merritt stated after considering the testimony presented during the public hearing, including Staff comments, and the Standards of Review as set forth in Section 11.06.03, St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Lennar Homes, Inc. for a Change in Zoning from the PUD (Planned Unit Development -Silver Oaks) Zoning District to the RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning District because it brings it back in conformity with the existing land use of the property. Motion seconded by Chairman McCurdy. Upon a roll call the vote the motion failed with a vote of 2-5 (with Mr. Grande, Mr. Hearn, Ms. Hammer, Ms. Morgan and Mr. Trias voting against). Mr. Hearn stated after considering the testimony presented during the public hearing, including Staff comments, and the Standards of Review as set forth in Section 11.06.03, St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners deny the application of Lennar Homes, Inc. for a Change in Zoning from the PUD (Planned Unit Development -Silver Oaks) Zoning District to the RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning District because the plan presented tonight does not guarantee anyone that we are only going to have what they presented tonight and if they come back with the plan as a PUD (Planned Unit Development) for the less than two (2) units per acre it would be more appropriate for the neighborhood and the surrounding properties. Motion seconded by Ms. Hammer. She also stated that taking the density to five (5) units per acre in this area is not to the benefit of the health, safety, and welfare of the community. P&Z / LPA Regular Meeting June 17, 2004 Page 10 of 27 ~,, ,,,I~OFF'ICIAL- SUOI~CT TO PLANNiN6 8 Z01~6 COI~~IISSION APPROVAL Upon a roll call vote the motion was approved by a vote of 5-2 (with Mr. Merritt and Mr. McCurdy voting against) and forwarded to the Board of County Commissioners with a recommendation of denial. P&Z / LPA Regular Meeting June 17, 2004 Page 11 of 27 ~JG\E C pGy ,~ ~ GROWTH MANAGEMENT DEPARTMENT ~ ~ -~ Planning Division 'c~OR10a MEMORANDUM /~ TO: Board of County Commissioners ~'\1 ~,., DATE: July 28, 2004 FROM: Randy Stevenson, Interim Growth Management Director SUBJECT: Silver Oaks rezoning petition Please find attached a letter from AI Brodeur, Thomas Lucido & Associates requesting that the Board of County Commissioners table their rezoning request to allow time for the site plan to work its way through the County's Development Review Process. Once the site plan has been determined to meet all technical requirements of the Land Development Code, both the rezoning application and site plan application will be brought before the Board of County Commissioners for review and approval. Growth Management Staff will re-advertise and re-notice the surrounding residents about the petition. Cc: Doug Anderson, County Administrator Ray Wazny, Asst County Administrator Dan Mclntryre, County Attorney ,~/~ - V V V _ v`~~' / • • Thomas Lucido & Aeeoeiacea, P.A. . Land Plannir-g/Landscape Areh;eeceurc July z6~, 2ooa ~ ~ . • Randy Stevenson • ~ . Director of Development St Lucie Courtly . -3300 Ytrginia Avenue Fort Pierce, FL 34950 RE: Silver Oab Subdivislotr Relloui~ Appticatioa Our Ref. No.: Bsi6 . Dear Mr. Stevenson, . On behalf of L.enttar domes, Inc, 'Thomas L,ucido & Associates is hereby requesting that ' ~ the Silver Oaka rezoning proposal, reference rntmba RZ04011, currtaltly scheduled for the August 3'~ St. Lucie County Commission Mdetigg, be continuod to a date uncertain. ; If you have any questions or require any •additional infotirlation please contact rtt: at 772- ' a67- 1301. Thank you for your assistance. Sincerely, ' AI Brodeur ~ . . Planner , • c. Rett Waldman, Lenctar Homes • Mike L,aCoursiere, Michael Schorah dt Associates ~ • v v v 701 E. Ocean Blvd- ~ 827 North •Il~orncon Avenue 100 Avenue A. Suitt 2A Stuart, Plor;da 34994 Cklando, Ploaida 32803 Fnn Piertc, Plorida 34950 ~ 772 / 220.2100 I07 / 898.9511 772 / 467-1301 Pax 772 / 253.0220 Pax X07 ~ 898-9766 Fax 772 ~ •67.1303- QOARD OF COUNTY COMMISSIONERS ST. CO LU C.1 N C1E T Y ~~-~~ F L O R I D A July 23, 2004 GROWTH MANAGEMENT In accordance with the St. Lucie County Land Development Code, you are hereby advised that LENNAR HOMES, INC., has petitioned St. Lucie County for a Change in Zoning from the PUD (Planned Unit Development -Silver Oaks) Zoning District to the RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning District for the following described property: Location: SE Corner of Silver Oaks Drive & Tilton 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, ozz August 3, 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 adate-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 paJCel, please forward this notice to the new owner. Please call (772) 462-1960 if you have any questions, and refer to: File Number RZ-04-017. Sincerely, ST UCIE COUN'GY BOARD F COMMISSIONERS Paula Lewis, Chair JOHN D. DRUHN, Disrricr No. 1 DOUG COWARD, District No. 2 PAULA A. LEWIS, District No. ~ FRANNIE HUTCHINSON, Disrricr No. 4 CLIFF DARNES, Disrricr No. 5 County Administrator - 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 • Fox: (772) 462-1581 Tourist Development: (772) 462-1529 Fox: (772) 462-2132 www.co.st-lucie.fl.us .PLANNING & ZONING COMMISSION REVIEW: 6/17/04 RZ-04-017 GROWTH MANAGEMENT DEPARTMENT (Planning Division) MEMORANDUM TO: Planning and Zoning Commission FROM: Planning Manager `~ DATE: June 10, 2004 SUBJECT: Application of Lennar Homes, Inc., for a Change in Zoning from the PUD (Planned Unit Development) Zoning District to the RM-5 (Residential, Multiple-Family - 5 du/acre)) Zoning District. LOCATION: Southeast corner of the intersection of Silver Oaks Drive and Tilton Road. EXISTING ZONING: Expired PUD (Planned Unit Development -Silver Oaks) PROPOSED ZONING: RM-5 (Residential, Multiple-family - 5 du/acre) FUTURE LAND USE: RU (Residential Urban) PARCEL SIZE: 106.39 acres PROPOSED USE: The purpose of the requested change in zoning is to bring the subject in conformance with the previous RM-5 (Residential, Multiple-family - 5 du/acre) zoning designation in existence prior to the 1994 final PUD plan approval and rezoning. The applicant has also indicated a desire to develop the subject property as a project with amixture ofsingle-family residential homes and multi-family townhomes. PERMITTED USES: Section 3.01.03(L), RM-5 (Residential, Multiple-family - 5 du/acre identifies the designated uses which are permitted by right, permitted as an accessory use, or permitted through the conditional use process in the RM-5 (Residential, Multiple-family - 5 du/acre) Zoning District. Any use designated as a "Conditional Use" is required to undergo further review and approval. Any use not identified in the zoning district regulations is considered to be a prohibited use in that district (see Attachment "AA"). SURROUNDING ZONING: AR-1 (Agricultural Residential -1 du/acre) zoning to the north and further west; RM-5 (Residential, Multiple-family - 5 du/acre) zoning to the east and west and RMH-5 (Residential, Mobile Home - 5 du/acre) zoning to the south. June 10, 2004 Page 2 Petition: Silver Oaks Rezoning File RZ-04-017 SURROUNDING LAND USES: To the north, west and east are portions of the St. Lucie Gardens platted area, with a scattering of vacant lots intermixed with large lot single-family residential development; directly to the northwest corner of the site is a nursery; to the south is Spanish Lakes I Mobile Home Park. The surrounding properties to the north of the subject property are designated with a RS (Residential Suburban) future land use designation; properties to the south and east are designated with a RU (Residential Urban) future land use designation and the properties to the west are designated with a RE (Residential Estate) future land use designation. FIRE/EMS PROTECTION: Station # 1 (2400 Rhode Island), is located approximately 4 miles to the northwest. UTILITY SERVICE: The subject property is part of the Lennard Road MSBU and as such as part of the construction of Lennard Road, water and sewer lines will be laid. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: Silver Oaks Drive has an existing right-of-way of 100 feet. Tilton Road has an existing right-of-way of 80 feet. SCHEDULED IMPROVEMENTS: See Below TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shalt consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The applicant is requesting a change in zoning from the PUD (Planned Unit Development - Silver Oaks) Zoning District to the RM-5 (Residential, Multiple-family - 5 du/acre) Zoning District. June 10, 2004 Page 3 Petition: Silver Oaks Rezoning File RZ-04-017 On February 25, 1992, the Board of County Commissioners approved a Preliminary Development Plan for the Silver Oaks PUD, via Resolution 92-020. This approval was for a 422 single-family residential project, at a density of 2.27 du/acre. On August 16, 1994, the Board of County Commissioners approved a Final Development Plan for the Silver Oaks PUD, via Resolution 94-127, for a rezoning from the RM-5 (Residential, Multiple Family - 5 du/acre) zoning district to the PUD (Planned Unit Development) zoning district, to allow a 422 lot single-family residential development. To date this project has not been developed and therefore has expired. At this time, the applicant is requesting that the County approve a rezoning request to allow the proposed zoning district which is consistent with the original RM-5 (Residential, Multiple- family - 5 du/acre) zoning district. This zoning district is consistent with the Land Use/Zoning Consistency Matrix. Under Section 11.09.02(A) states that the Consistency Matrix shall be used to determine consistency of the existing zoning districts in the Zoning Code with the Future Land Use Element of the St. Lucie County Comprehensive Plan. Any development proposed for the subject property will be required to satisfy all criteria set forth within the St. Lucie County Land Development. The site design will be required to satisfy Section 6.02.03 of the Land Development Code. During discussions with the applicant about this petition, staff discussed the potential of a PUD (Planned Unit Development) petition being submitted for review and approval by the County. The applicant indicated that they were not willing to undergo the PUD process at this time. The justification for their decision is that the physical characteristics of the proposed site with the existing wetlands dictates the form of development that may occur on this site. As such the property does not lend itself to satisfying the purpose of the PUD district as set forth in Section 7.01.01. Section 7.01.01 indicates that the purpose of the PUD (Planned Unit Development) zoning district is to achieve residential land development of superior quality through the encouragement of flexibility and creativity in design options that: A. Permit creative approaches to the development of residential land reflecting changes in the technology of land development; The physical characteristics of the site will dictate the development opportunities. The proposed site contains a number of wetlands which are of good quality and will be required to be preserved under the criteria set forth in Section 6.02.03 of the LDC. No variations in county requirements will be needed to develop the proposed site. Therefore, the project can be designed within the parameters of a standard zoning classification. B. Allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; Again, the physical characteristics of the site will be dictating where development can occur on the site. The upland areas on this site are not connected in a manner, which will provide the opportunity to interconnect the utilities and streets to lower the development costs. The applicant will be required to design the project with minimal impacts to the existing wetlands on the site. Therefore, the project can be designed `~rI June 10, 2004 Page 4 Petition: Silver Oaks Rezoning Fiie RZ-04-017 within the parameters of a standard zoning classification. C. Allow design options that encourage an environment of stable character, compatible with surrounding land uses; and The subject property is surrounded on the east and west by the RM-5 (Residential, Multiple-family- 5 du/acre) zoning district; the properties to the south are designated with the RMH-5 (Residential, Mobile Home - 5 du/acre) zoning district and the properties to the north are designated with the AR-1 (Agricultural, Residential - 1 du/acre) zoning district. As such the requested RM-5 (Residential, Multiple-family- 5 du/acre) zoning district would be permitted and would satisfy this criterion. Therefore, the project can be designed within the parameters of a standard zoning classification. 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. Any site design would be required to preserve the natural features (wetlands) on the site and therefore the PUD (Planned Unit Development) zoning classification would not benefit any site design. According to Section 3.01.03(L) of the St. Lucie County LDC, the purpose of the RM-5 (Residential, Multiple-family - 5 du/acre) is to provide and protect an environment suitable for single-family, two-family, three-family and multiple-family dwelling units at a maximum density of five dwelling units per gross acre, together with such other uses as may be necessary for and compatible with low and medium density residential surroundings. The overall analysis of the petitioner's application for a rezoning from the PUD (Planned Unit Development) zoning district to the RM-5 (Residential, Multiple-family - 5 du/acre) zoning district would not result in an adverse impact on the surrounding area. It would in effect, be consistent with the existing zoning patterns established in 1986, with the adoption of the St. Lucie County Zoning Map. At that time, the subject property was considered to be an appropriate location for more intense urban development that is developed with a maximum density of 5 du/acre. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; Table 1.6 of the Future Land Use Element, Data and Analysis, indicates those zoning classifications allowed under the RU (Residential Urban) Future Land Use Designation. According to this table, the RM-5 (Residential, Multiple-family- 5 du/acre) Zoning District is considered to be acceptable within the areas designated with a Future Land Use Classification of RU (Residential Urban). The proposed rezoning request is consistent with all elements of the St. Lucie County Comprehensive Plan. In addition to the 106.38-acre site under petition tonight, the applicant also owns an additional 49.39 acres to the east, which is zoned RM-5 (Residential, Multiple-family - 5 du/acre). The total potential June 10, 2004 Page 5 Petition: Silver Oaks Rezoning File RZ-04-017 development for the entire 155.76-acre site (both the 106.32-acre land parcel and the 49.30- acre land parcel) is 779 residential units. In addition, Policy 1.1.5.1 of the Future Land Use Element requires that urban development activities shall be restricted to that area identified as the Planned Urban Service Area. Urban development activities are defined, for the purpose of this Policy, as any residential development activity in excess of two units to the gross acre, any non-agricultural commercial activity or any non-extractive/non-agriculturally related industrial activity. The proposed development site is east of US Highway One, which lies east of the existing Planned Urban Service Area as depicted within the St. Lucie County Comprehensive Plan. Policy 1.1.5.2 of the Future Land Use Element states that prior to development approvals within the Urban Service Area, the County shall consider the provision of urban and community services/facilities. Development which requires provision of these services in areas which the adopted Water and Wastewater Master Plan does not anticipate serving concurrently with the developments needs shall be discouraged. The proposed Silver Oak site is located within the Lennard Road MSBU area. As part of the site planning process, the developer will be required to install a portion of Lennard Road adjacent to his property, as part of the installation water and sewer lines will be required to be installed. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed zoning district is considered to be consistent with existing and proposed future land use designations in the area. The subject land parcel is located in an area designated on the Future Land Use Element as RU (Residential Urban). In addition, the parcel of land lies within the Urban Service Area, which is designated as appropriate for urban development. The property is also currently designated with a PUD (Planned Unit Development -Silver Oak) zoning designation on the County Zoning Map. At this time, the PUD development site plan has expired and the subject parcel has no permitted use as the zoning district is tied to the site plan. The surrounding properties to the north and east are utilized for large lot single-family development interspersed with vacant lots. Immediately adjacent to the northwest corner of the parcel on the north side of Tilton Road is a landscape nursery. The permitted uses in the RM-5 (Residential, Multiple-family-5 du/acre) Zoning District are not expected to unduly impact the surrounding area or uses. Further, the proposed zoning designation is consistent with the zoning previously designated for this site. 4. Whether there have been changed conditions that require an amendment; Conditions have changed so as to require an amendment. In 1994, the Board of County Commissioners approved a rezoning from the RM-5 (Residential, Multiple-family - 5 du/acre) zoning district to the PUD (Planned Unit Development -Silver Oaks) zoning district. The development was never constructed and therefore expired. The property is currently zoned- expired PUD. In order for the property to be developed the applicant is either required to rezone to an appropriate designation or submit for another PUD approval. The applicant has chosen to request that the property be rezoned to the same designation that was in effect prior to the PUD approval (RM-5 (Residential, Multiple-family - 5 du/acre)). ''~r.~ June 10, 2004 Petition: Silver Oaks Rezoning Page 6 File RZ-04-017 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; At the time of development of the subject property the applicant will be required to construct a segment of Lennard Road, which alignment is to be determined. This construction will include all infrastructure improvements for water and sewer. As part of the site plan, the developer of the proposed land will be required to dedicate right-of-way for the extension of Lennard Road as well as to construct a portion of the road. The subject property currently has capacity for 540 single-family residential units under the Lennard Road MSBU agreement. The Lennard Road MSBU provides for the installation of water and sewer lines during the construction of the Lennard Road project. In addition, to the assessed value, the Lennard Road MSBU - Porta Oaks Development Agreement requires the developer to pay $18,000 to the County as a necessary condition. The proposed RM-5 (Residential, Multiple-family - 5 du/acre) zoning designation is not expected to increase the impact on the County's school system. The site had a previous approval which considered the impacts on the school system. At the time of site plan approval, the applicant will have to provide verification from the school district that no additional capacity is required for their development. The development will also be required to pay school impact fees. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. The applicant/property owner will be required to comply with all federal, state, and local environmental regulations as part of any submitted development plans for the site. Further, any site design will require that the applicant provide a site layout that impacts the existing wetlands on the site to the minimum possible. The proposed site location was previously looked at by the St. Lucie County Environmental Lands Advisory Committee for potential purchase. It has been determined not to be of significance, as the property is not physically connected to the Savanna Preserve. In addition, the state agencies have also determined that the subject parcel is not acceptable for acquisition funding, as it is not connected to the Savanna Preserve environmental area. Currently, this project is not listed on the County's list of potential properties for acquisition. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; An orderly and logical development pattern will occur with this change in zoning. The subject property has access onto US Highway One via the Silver Oaks Drive and Dyer Road. ~v~ June 10, 2004 Petition: Silver Oaks Rezoning Page 7 File RZ-04-017 In addition, as previously indicated the developer will be required to construct a portion of Lennard Road, the alignment to be worked out with the St. Lucie County Public Works Department. The request for a change in zoning may change the development pattern that is occurring within the existing large lot single-family development in this area. The developer has expressed an interest in a mixture ofsingle-family and multi-family townhouse development. These uses are consistent with the surrounding RM-5 (Residential, Multiple- family - 5 du/acre) zoning. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The petitioner, Lennar Homes, Inc., has requested this change in zoning from the PUD (Planned Unit Development -Silver Oaks) to the RM-5 (Residential, Multiple-family - 5 du/acre) Zoning District in order to develop a mixed single-family and multifamily (townhouse) development. The subject property is located on the southeast corner of the intersection of Silver Oak Drive and Tilton Road The indicated purpose of this change in zoning is to rezone the property to the same designation that was in existence prior to the 1994 final PUD plan for the Silver Oaks single-family residential project. The prior 1994 approved PUD development plan was never constructed and therefore has expired. The property has an expired PUD site plan and no development can occur until either the property is rezoned to an appropriate zoning designation or a new PUD plan is approved by the County. During discussions with the applicant, staff did discuss the PUD (Planned Unit Development) process. The applicant indicated that the proposed site layout will be dictated by the existing physical characteristics of the site with the upland portions being surrounded by wetlands and not significantly connected at any point and therefore, the PUD process would not be necessary for this site. The required preservation of wetlands will provide for approximately 60% of the site being undevelopable and placed under a conservation easement. The applicant has indicated a desire to develop the subject property as a mixed single family and multi-family (townhome) development. The applicant is requesting the change in zoning to the RM-5 (Residential, Multiple-family- 5 du/acre) zoning district to be consistent with the zoning designation prior to an approved PUD plan in 1994. The subject property is in an area designated within the Comprehensive Plan as being compatible with or for the RM-5 (Residential, Multiple-family - 5 du/acre) Zoning District. Attached is a copy of Section 3.01.03(L) - RM-5 (Residential, Multiple-family- 5 du/acre), of the St. Lucie County Land Development Code, which delineates the permitted, accessory and conditional uses allowed in the RM-5 (Residential, Multiple-family-5 du/acre) Zoning District. If the change in zoning request were approved, the applicant, by right, would be allowed to establish any of the uses fir" June 10, 2004 Petition: Silver Oaks Rezoning Page 8 File RZ-04-017 under the Permitted Uses section. Any use under the Accessory Uses section would be allowed only if one or more of the permitted uses exist on the subject property. Any use under the Conditional Uses section could only be allowed if it first receives approval through the Board of County Commissioners. Staff has reviewed this petition and determined that it conforms to the Standards of Review as set forth in the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. Please contact this office if you have any questions on this matter. cs cc: Rett Waldman, Lennar Homes Greg Boggs, Thomas Lucido & Associates File H:\wp\rezoning\Silver Oaks\pz.stfrpt.doc Suggested motion to recommend approval/denial of this requested change in zoning. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF LENNAR HOMES, INC., FOR A CHANGE IN ZONING FROM THE PUD (PLANNED UNIT DEVELOPMENT- SILVER OAKS) ZONING DISTRICT TO THE RM-5 (RESIDENTIAL, MULTIPLE-FAMILY - 5 DU/ACRE) ZONING DISTRICT, BECAUSE..... [CITE REASON WHY -PLEASE BE SPECIFIC]. MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF LENNAR HOMES, FOR A CHANGE IN ZONING FROM THE PUD (PLANNED UNIT DEVELOPMENT -SILVER OAKS) ZONING DISTRICT TO THE RM-5 (RESIDENTIAL, MULTIPLE-FAMILY - 5 DU/ACRE) ZONING DISTRICT, BECAUSE..... [CITE REASON WHY -PLEASE BE SPECIFIC]. CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.00.00 GENERAL PROVISIONS 7.00.01 PURPOSE The purpose of this Chapter is to provide development design and improvement standards applicable to development activity in the unincorporated area of the County. 7.01.00 PLANNED UNIT DEVELOPMENT 7.01.01 PURPOSE The Planned Unit Development (PUD) District is intended to achieve residential land development of superior quality through the encouragement of flexibility and creativity in design options that: A. permit creative approaches to the development of residential land reflecting changes in the technology of land development; B. allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower 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 (RC); Residential, Estate-1 (RE-1); Residential, Estate-2 (RE-2); .Residential, Single-Family-2 (RS-2); Residential, -Single-Family-3 (RS-3); Residential, Single-Family-4 (RS-4); Residential, Multiple-Family-5 (RM-5); Residential, Mobile Home- s (RMH-5); Residential, Multiple-Family-7 (RM-7); Residential, Multiple-Family-9 (RM-9); Residential, Multiple-Family-11(RM-11); and Residential, Multiple-Family-15 (RM-15) zoning districts of this Code may be permitted in a Planned Unit Development District subject to complying with the residential densities described in Section 7.01.03(8). Adopted August 1, 1990 375 Revised Through 08/01/00 `fir' vr% 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 Finat Development Plan approval, except that for any structure on North or South Hutchinson Island that has not been occupied, constructed, or has not received a building permit, site plan or other County development approval as a permitted use prior to January 10, 1995 the requirements of Section 4.01.00, Hutchinson Island -Building Height Overlay Zone shall apply. D. PUBLIC FACILITIES The Planned Unit Development shall be designed and located so there will be no net public cost for the provision of water lines, sewage lines, storm and surface drainage systems, and other utility systems. The minimum size of all water mains used, or intended for use, in fire protection activities is six (6") inches. Actual water main requirements will be determined by the St. Lucie County- Ft. Pierce Fire Prevention Bureau. 3. The minimum size of all water mains used, or intended for use, in fire protection activities, that are located on a dead-end water main is eight (8") inches. Actual water main requirements will be determined by the St. Lucie County-Ft. Pierce Fire Prevention Bureau. Adopted August 1, 1990 376 Revised Through 08/01/00 Section 7.01.00 Planned Unit Development The maximum number of fire hydrants that may be located on any dead end water main is one (1 ). 4. Fire hydrants shall be provided at a minimum spacing of one every six hundred (600) feet unless otherwise approved by the St. Lucie County-Ft. Pierce Fire Prevention Bureau. E. TRAFFIC AND PEDESTRIAN CIRCULATION 1. Every dwelling unit, or other use permitted in the Planned Unit Development shall have access to a public street either direcfly 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- waywidths may be considered as part of the Planned Unit Development if it is shown to the satisfaction of the Board of County Commissioners, that the requested variation is consistent with the intent of the County's roadway construction standards and necessary for the design of the Planned Unit Development. 6. All roads and streets shall intersect at an approximate ±5° angle of ninety degrees (90°) unless circumstances acceptable to St. Lucie County indicate a need for a lesser angle of intersection. 7. Street jogs or centerline offsets between any local street or road with another local street or road, shall be no less than one hundred fifty feet (150). 8. The intersection of any two local roads or streets with a Major Collector or Arterial Roadway shall be separated by a minimum distance of six hundred sixty feet (660), as measured from centerline to centerline. 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 08/01/00 ~rir+' `~MDi 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 cut-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 cut-de-sac shall be required until the roadway is connected to another street or road. In the center of the cut-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- wa y. 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 Section 7.01.00 Planned Unit Development 2. Off Street Parking and Loading Off-street parking and loading requirements are governed by Sections 7.06.02 and 7.06.03 of this Code, and the following standards: a. Off-street parking and loading areas shall be designed to provide travelways between adjacent uses while discouraging through traffic. b. Off-street parking and loading areas shall be screened from adjacent roads and pedestrian walkways with hedges, dense planting, or changes in grades or walls. 3. On Street Parking In Planned Unit Developments, on street parking may be used so long as the road on which the on-street parking is proposed lies entirely within the limits of the defined Planned Unit Development and such parking would not contravene any other provision of this Code or the St. Lucie County Code of Ordinances. Where such on street parking and loading is used, it shall be consistent with the following design standards: a. The minimum size of a parking stall shall be as follows: parallel 8 feet X 23 feet angled 10 feet X 18 feet handicapped(parallel) 12 feet X 23 feet handicapped(angled) 12 feet X 18 feet b. Handicapped parking spaces shall be appropriately marked. c. Access for emergency fire vehicles shall be in accordance with NFPA standards. 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 H. 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. LANDSCAPING AND NATURAL FEATURES Native trees and vegetation and other natural features shall be preserved to the extent practicable. 2. All sensitive environmental vegetation, trees and areas shalt be preserved to the extent practicable. Adopted August 1, 1990 3T9 Revised Through 08/01/00 ~~rr/ Section 7.01.00 Planned Unit Development Landscaping for off-street parking and loading areas shall meet the minimum requirements of Section 7.09.00. OPEN SPACE STANDARDS A minimum of thirty-five (35) percent of the gross area of land to be committed to a Planned Unit Development must be for use as common open space, which may include, parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common open space, common landscaping and planting areas, or other areas of public purposes or use other than street, road or drainage rights-of-way, above ground utilities, excluding stormwater treatment facilities, and parking areas. A minimum of 15 percent of any existing native upland habitat on the property, must be preserved in its natural condition as part of the required 35 percent common open space, For each acre of preserved native habitat above the required minimum 15 percent that is preserved in its original state, credit shall be given at a rate of 150 percent per acre towards the remaining common open space requirement. All areas to be dedicated for common open space shall be identified as part of the Preliminary Development Plan for the Planned Unit Development. Areas that are floodways, lakes, wetlands, and stormwater retention areas may be applied to satisfy the total common open space requirement, subject to the requirement that 15% of any existing native habitat on the property must be included as part of the required 35% common open space. As part of the Final Planned Unit Development submission process, the developer or petitioner for the Planned Unit Development shalt provide for one of the following: The advance dedication of all common open space to a public, or acceptable private, agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. All such dedications or conveyances shall be completed prior to the issuance of any building permits, including land clearing, for any portion of the Planned Unit Development ;or, b. A phased conveyance of the land to a public or acceptable private agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. The schedule for the phased conveyance of any such lands to be used for common open space shall be a specific condition of approval for the Planned Unit Development. 2. No parcel of land identified for use as a park or common open space shall be less than one (1) contiguous acre; and all such areas shall be physically part of the Planned Unit Devel- opment. 3. Areas provided or reserved to meet any other environmental preservation or protection requirements of this code or other lawful regulatory authority may be counted towards the overall common open space requirement, provided that the common open space meets the Adopted August 1, 1990 380 Revised Through 08/01/00 requirements of this Code. SETBACKS FROM AGRICULTURAL LAND Section 7.01.00 Planned Unit Development Planned Unit Developments adjacent to land used for agricultural purposes, or designated for agricultural use on the Future Land Use Map of the St. Lucie County Comprehensive Plan, shall provide setbacks from the agricultural land sufficient to protect the function and operation of those uses from the encroachment of Urban activities or uses. K. PHASING 1. A Planned Unit Development may be developed in more than one stage or phase 2. If a Final Development Site Plan approved by the Board of County Commissioners is to be developed in stages or phases, each successive phase shall be constructed and developed in a reasonably continuous 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 amulti-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. ~. 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, .. For Planned Unit Developments to be constructed in stages or phases, the net density of an individual stage or phase may vary from the approved Final Site Plan subject to the requirements in Section 11.02.05. Adopted August 1, 1990 381 Revised Through 08/01/00 Section 3.01.03 Zoning District Use Regulations RM-5 RESIDENTIAL, MULTIPLE-FAMILY - 5 Purpose The purpose of this district is to provide and protect an environment suitable for single-family, two-family, three-family, and multiple-family dwellings at a maximum density of five (5) dwelling units per gross acre, together with such other uses as may be necessary for and compatible with low and medium density residential surroundings. The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(6). 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. Permitted Uses a. Community residential homes subject to the provisions of Section 7.10.07. (sss) b. Family day care homes. (sss) c. Family residential homes provided that such homes shall not be located within a radius of one thousand (1000) feet of another existing such family residential home and provided that the sponsoring agency or the Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) d. Multiple-family dwellings (3 or more units) (sss) e. Single-family detached dwellings. (ss9> f. Two-family dwellings. (sss) 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 Requirements Off-street parking requirements shall be in accordance with Section 7.06.00. 6. Landscaping Requirements Landscaping requirements shall be in accordance with Section 7.09.00. Conditional Uses a. Family residential homes located within a radius of one thousand (1000) feet of another such family residential home. (999) i b. Telecommunication towers -subject to the standards of Section 7.10.23 (999) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00. Adopted August 1, 1990 109 Revised Through 08/01/00 ~+' ~~ Z ~ ~~'. ~ ~ ;~~~ T _ ~ wds~" Y i O ':~; V ~ A ~; ~ ~ ~ ~ W` ~ ~ J ~ ~ ~ ~ I~ ,: w~ ~ ~ m d ~,,, ~/d~ -~ N~~~ ~ ~ ~ {O y~ ~ ~ ~ ~; a wrw~ { 4 • ! ,dx ~ ~' ~j ,~ a A ..,. r:, a-- a,' Ra I> ~-. ~ - ~~; r . y ~ . -. ~~ W A _.~- -~=nonno---(~7= ~ t~ ~ `'j`kJ ap ~~ x ~ ~' ~ s) y "' '.~y g ~ ~ P I~ '~0 ~ i Div v~r ~L ~ yout~~aA ~ '~'.r;. s ouc p ~ ~ 4 a~ M.no i ~ i ~'' ^' ^. ~ a ITI! 411M ~ ~~ ~ ar _.. - ~a ~ a~ ~ ~' of s~arr +-+ ora lr.o tour! ~ U ;~ ~, ~~~ t ~, p ~'~~ ato rNOUS ~; W iN3/(t NDiy~1] ~ O O i ~ (f f Q OPOY ND19~gP ~ ~ /1 ~ W 01 ~ /V li A O~OY MG191101' ~~~ n ~ WI ~!! } n °' a ~~. a' m F- o.or o~naoti p ~ >>~ F OnOY N1nL1170M U ~ ~ Z ~ ~~ ~ O a.a now.or. aror ~.~ ~ U w i I > : ~ o~or ~ rms~ i• ~ ~i ~ W W ~ ~ or 7Na70N ~i. W Z :i ~ a~or a»~s a~a Nolvno ~ ZQ i m -: ~ i ~: Z ~ : ', :, .. ,~~~.~. :..,t ,.~~ ,:_ .:..:~ W W ~ a M1 C ~e ~ 5 Yt 1 S St 1 S 9£ 1 ALNf100 3380H033~10 'r/j RZ 04-017 This pattern indicates Map prepared May 27, 2ooa `~ ~~ subject parcel .~,~~..~n~m~~~,a~,n:~~a~f.~.~..~~,, N vmw n+n anm n.. teen m.a to no.~as ms nwa u+rent ra xu,rw Inlormtlion poasCle, n 4 not imMESE for ws n a MpaYy bYMlnp 0xumml, A Petition of Lennar Homes fora Rezonina from PUn to RA/I-~ ~4r-'' RZ 04-017 This pattern indicates subject parcel Map prepared May 27, 2004 ,~i~..V.ryeMee~.. ~ m~. io ~~ ~. mo.«.~ . intomuea+ poselhM, h is nd inenaea far use u a bWy tindnp Oxumare. N ~_ _~ I nr,r,nr U..~.,...... ~' Land Use Lennar Homes RZ 04-017 / GIS _, ,~ _. This pattern indicates Map prepared May 27,2ooa'~ subject parcel .~, ~ ~., ~ ~,~,~,v~,~ ~ . w,~.. o~,,. ~.~ Mry.~~~. ~ ~.,o o,~. ~. ~,~M~.~~ N RZ 04-017 This pattern indicates subject parcel .. .:: GIS _. ~`..... Map prepared May 27, 2004 ms mep nes been camgletl In penarel plenrcng end relneripe purposes only vmae even enm nos neen mane m w~ce Ins mon ~, m ana a~ca,ele iMarmebm possiole. a is no inlant!¢U Ip wB es a kpalfy baking C)CLVTMI. N Lennar Homes ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION ****`*** CORRECTION ********* PUBLIC HEARING AGENDA June 17, 2004 TO WHOM IT MAY CONCERN: NOTICE is hereby given in accordance with Sec lion 11.00.03 of the St. Lucie County Land Devel opment Code and in accordance with the provi sions of the St. Lucie County Comprehensiv Plan, that the following applicants have requeste that the St. Lucie County Planning and Zonin Commission consider the following requests: ROBERT P. RIGEL, for a Change in Zoning fron the IL (Industrial, Light) Zoning District to the C( (Commercial, General) Zoning District for the fol• lowing described property: 'THE EASTERLY 320.00 FEET OF THE NORTH 20( FEET OF LOT 172 AND THE EASTERLY 320.01 FEET OF THE SOUTH 200 FEET OF LOT 173 MARAVILLA GARDENS UNIT THREE, A000RD- ING TO THE PLAT THEREOF AS RECORDED I~ PLAT BOOK 6, PAGE 62 OF THE PUBLIC RE- CORDS OF ST. LUCIE COUNTY, FLORIDA SUBJECT TO ANY RESTRICTIONS, REGULA- TIONS OR EASEMENTS OF RECORD. CONTAINING 126,119.34 SQ.FT. (2.94 ACRES) location: 3385 SOUTH U.S. HIGHWAY NO. 1 LENNAR HOMES, INC., for a Change in Zoning from the PUD (Planned Unit Development) Zon- ing District to the RM-5 (Residential, Multiple- Family - 5 du/acre) Zoning District for the follow- ing described property: A CERTAIN PARCEL OF LAND LYING IN SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. SAID PARCEL OF LAND ALSO LYING WITHIN BLOCK 4, ST. LUCIE GARDENS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGES 35 AND 36, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ONE-QUARTER (1/4) CORNER OF SAID SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST; THENCE N 89° 52'45" E, ALONG THE SOUTH LINE OF THE SOUTHEAST ONE QUARTER (1/4) SECTION LINE OF SAID SECTION 23, A DISTANCE OF 50.00 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SILVER OAK DRIVE, SAID RIGHT OF WAY LINE LYING 50.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF THE SOUTHEAST ONE-QUARTER (1/4) OF SAID SECTION 23; THENCE N 00 ° 13'26" W, ALONG SAID EASTERLY RIGHT OF WAY LINE OF SILVER OAK DRIVE, A DISTANCE OF 2606.82 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF TILTON ROAD, SAID RIGHT OF WAY LINE ALSO LYING 40.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE SOUTHEAST ONE-QUART- ER (1/4) OF SAID SECTION 23; THENCE N 89° 56'47" E, ALONG SAID TILTON ROAD RIGHT OF WAY LINE, A DISTANCE OF 1282.25 FEET; THENCE S 27 ° 24'06" E, DEPARTING SAID RIGHT OF WAY LINE, A DISTANCE OF 1444.25 FEET; THENCE S 00 ° 00'08" W, A DISTANCE OF 1321.71 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER (1/4) OF SAID SEC- TION 23; THENCE S 89° 52'45" W, ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUART- ER 1114) OF SAID SECTION 23, A DISTANCE OF 1936.70 FEET TO THE POINT OF BEGINNING. ;ONTAINS 106.37 ACRES, MORE OR LESS. ~ ocation:SE Corner of Silver Oaks Drive and I Tilton Road. 'UBLIC HEARINGS will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lu- cie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on June 17, 2004, be- ginning at 7:00 P.M. or as soon thereafter as pos- sible. URSUANT TO Section 286.0105, Florida Statutes, If a person decides to appeal any decision made by a board, agency, or commission with respect !o eny matter considered at a meeting or hearing, ~e will need a record of the proceedings, and :hat, for such purposes, he may need to ensure :hat a verbatim record of the proceedings is Wade, which record includes the testimony and evidence upon which the appeal is to be based. PLANNING AND ZONING COMMISSION / LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA /S/Carson McCurdy, Chairman PUBLISH DATE: June 7, 2004 647316 aoAR~ of COUNTY COMMISSIONERS ST. CO LU UN CIE TY ~1~, F L O R ' I D A June 7, 2004 ,~ GROWTH MANAGEMENT In accordance with the St. Lucie County Land Development Code, you are hereby advised that LENNAR HOMES, INC., has petitioned St. Lucie County for a Change in Zoning from the PUD (Planned Unit Development -Silver Oaks) Zoning District to the RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning District for the following described property: Location: SE Corner of Silver Oaks Drive & Tilton Road. THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The first public hearing on the petition will be held at 7:00 P.M., or as soon thereafter as possible, on June 17, 2004, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Planning and Zoning Commission at least 3 days prior to a scheduled hearing. County policy discourages communication with individual Planning and Zoning Commission and County Commission on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the Planning and Zoning Commission are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to adate-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-04-017. Sincerely, ST LUCIE COUNTY PLANIV~NG AND ZONING COMMISSION Carson McCurdy, Chairman ~~ ~ ~~` JOHN D. DRUHN, District No. 1 DOUG COWARD, District No. 2 PAULA A. LEWIS, District No. 3 FRANNIE HUTCHINSON, District No. 4 CLIFF DARNES, District No. 5 County Administrator -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 Development: (772) 462-1529 Fax: (772) 462-2132 www.co.st-lucie.fl.us ~Ir~' ~-` v 0 0 N n N T IO .y .~ N ~ N ~ O C9 2 ~ L ++ ~ C C d C J t0 a~ D Q M d W ~I ~ y ~ J w ~ 3 = '~a C7 ~ ~' 0 0 N N T f6 +~" N w w M M M ~ ~ si ~ V W R OOi N N a N M M fh N R M CO f0 N~ N N N N N N N N N a N f0 a I~ N ~p ~p O ~!7 O ~A N O N 117 to O lA O N N O) OD (O to 00 N lf) .-- arnu~rnrnrnrnrnrnrnrnrnmrnv rn ern.-.-rnv M R O ~ et R st ~ ~ ~ .p ~ O ~ M ~ M ~Y M M M M CO M M M M M M M M M ~ .vs ..~ ... .,.. ... ... ~ V f7 J J J J J J J -' J J J J J J J J J J J J J J J J J J J J J J J J LL LL LL LL LL LL}} LL LL LL LL LL J LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL Gl O o d N~~ o O N m O N d O d N N C7 O N y y m •U ~U ~U ~U ~U O O ~U ~U ~U ~U ~U ~U ~U •C.1 ~U ~U ~U ~U ~U J J J J J~~ 7 7 7 7 7 7 7 7 7 7 7 7 7 U O 7 7 ~ y ~~ J J J l0 J J J J J J J J J J fp J J N W ~-' in in inrinin x xinininain 19 in in in in inu~ininin~a~in'-in•-'- ~LL ~ 0 0 0~ o o~ ~O o 0 0~ t°~ r r r r r~ r r y r ~ ~~ r E E •°-' f0 m n n c c ., ~ O 7 0 0 0 O O O O O o n n ~~ d ., m C .y .~ Vl 0 ~ N O C7 = w (Q d C G d ~ J d ~ 0 O C O a£i ~ to v~ R N ~ J t ~ OL .~ N - - - - - - - , ~ .~ .~ LL " ~ m a. a a Z Z LL ~ U~ d N ~ N U 3 ~ p d ~ O Z _ 7 N _ 7 m M M O M O O7 i k # 3 L ~ L ~ N C C a ' ' ~ C 7 C 7 C_ y C 7 y C 7 C C 7 7 C 7 C C 7 7 l _ _ 0 f0 f = ~ oy N > > ~ o C Q -O ~ N~ N N d N O Q f0 lO fO C f F m O l - Q H D : X 0 22 0 ( f d' f ~ y ~ I Q >Q '~ d'd 'Q '~ ~ ~o v 0 U ~ ~U ' L C C O a NN d' N y ~ ~ N N Q l N LL a U U N aU c C o C m c C o 0 C U maa 0 U a 0 U L ' O U ~a f h oa 0 f U a 0 (9 f U U 0 f U 0 f0 U U LL 0 o LLLL O Y C C m ~ A m Q' .- 47 ~ 7 ~ d Zm 0 0 L m W ( L n ( ~ n ct 0 mm 0 m 0 LL 0 m = m 0 m aa 0 0 mm a 0 m a 0 0 ( m n (n ~ p . ~ W V ~ U ~~~ ~, Z N N ~ !N O O V O O N O N ~ M N NN N ,~~ >Z~ o 3 O N I~ O O ~ M ~ O O ~ O n O ti V l f A O ( O ( O M N t0 M O ~ CO ~ (O R V 1~ n V n O M ~ O M~ O O n M O _ ~ n M O 00p M p°p p°p p~ ONj O cr7 N , N N h ~ ~ O n O n , ~ ~ ~ ~ ~ .- - . - N N O ~ . 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To: Submitted By: ~'rr/ Agenda Request ~~ ~ 8/17/04 Item Number: Meeting Date: Consent Regular Board of County Commissioners Growth Management Dept. Public Hearing [ X ] Leg. [ ] Quasi-JD [ X ] P s y lteri ro h Mgmt. Director SUBJECT: Consider Draft Resolution 04-094 approving the request of(Lennar Homes, Inc. for a change in zoning from the PUD (Planned Unit Development -Silver Oaks) zoning district to the RM-5 (Residential, Multiple-Family, 5 du/acre) zoning district for property located at the southeast corner of the intersection of Silver Oaks Drive and Tilton Road. (File No.: RZ-04-017). BACKGROUND: On February 25, 1992, the Board of County Commissioners, via Resolution 92-020, approved a Preliminary Development Plan for the Silver Oaks PUD. This approval was for a 422 single-family residential unit project at a density of 2.27 du/acre. On August 16, 1994, the Board of County Commissioners, via Resolution 94-127, approved a Final Development Plan for the Silver Oaks PUD and a rezoning from the RM-5 (Residential, Multiple-family - 5 du/acre) zoning district to the PUD (Planned Unit Development) zoning district. To date, this project has not been developed and therefore the PUD approval has expired. The property retains a PUD zoning with no approved plan. At this time Lennar Homes is requesting a change in zoning from the PUD (Planned Unit Development -Silver Oaks) zoning district to the RM-5 (Residential, Multiple-Family, 5 du/acre) zoning district, fora 106.39 acre tract of land located at the southeast corner of the intersection of Silver Oaks Drive and Tilton Road. The applicant has indicated that the purpose of this change in zoning is to bring the subject property into conformance with the previous RM-5 (Residential, Multiple-family) zoning designation that was in existence prior to the 1994 final PUD plan approval and rezoning. The applicant has also indicated a desire to develop the subject property as a project with a mixture of single-family residential homes and multi-family townhomes. FUNDS AVAILABLE: PREVIOUS ACTION: The proposed residential uses are not expected to negatively impact the existing uses in the surrounding area or place additional demands on public services in the area. As part of the site plan review process, the issue of the Lennard Road extension will be determined and additional right-of-way as well as potential construction of portions of the roadway system may be required by the County. N/A At the August 3, 2004 public hearing, the Board of County Commissioners continued the subject petition to the August 17, 2004 public hearing. At the June 17, 2004 public hearing, the Planning and Zoning Commission, by a vote of 5- 2, with two members absent (Mr. Lounds and Mr. Akins), recommended denial of the applicant's request for a change in zoning. RECOMMENDATION: COMMISSION ACTION: 0 APPROVED ® OTHER Approved 4-1 (Comm. Bruhn - No) Motion to continue to November 9, 2004 at 6:OOpm or as soon there afrer that it may be heard. Staff recommends approval of Draft Resolution 04-094. DENIED Coordination/ Signatures ty Attorney - Mgt. & Budget: Finance.: Fire Dept: Environ. Resources; ~' ~ Utility: Other: CO RRENCE: uglas M. Anderson County Administrator Purchasing: Public Works: Road and Bridge: T DEp patMEN~ GROWTH Mp PAGE 9 p v~sion MEM~RANpUM ,ommissioners terim Growth Management Director ,, In '.ng petition requesting that the Homes, Inc•, 20p4 public Waldman, Lennar the October 26, om A• Everett nest to ,s pevelopment Review their rezoning req h the County Land ;rs continue throug uirements of h before ;ite plan to work its way eet all technical req will be broug will re- lan application gas been determined to ement Staff aired lication and site P Growth Manag rezoning apP a royal. The developer Well be req ;ione~s fo~PSlaents about he petition. +hc nP.tltlOn. ~~ ~JG\E pGy h ~ GROWTH MANAGEMENT DEPARTMENT ~ ~ .c Planning Division 'c~OR10P MEMORANDUM TO: Board of County Commissioners SUBJECT: Silver Oaks rezoning petition FROM: Randy Stevensor~~ Interim Growth Management Director DATE: August 12, 2004 Please find attached a letter from A. Everett Waldman, Lennar Homes, Inc., requesting that the Board of County Commissioners continue their rezoning request to the October 26, 2004 public hearing, to allow time for the cite plan to work its way through the County's Development Review Process. Once the site plan leas been determined to meet all technical requirements of the Land Development Code, both the ; ezoning application and site plan application will be brought before the Board of County Commis:~~oners for review and approval. Growth Management Staff will re- advertise and re-notice the surf ounding residents about the petition. The developer will be required to pay the additional cost for re~advertising and re-noticing the petition. Cc: Doug Anderson, County Administrator Ray Wazny, Asst County Administrator Dan Mclntryre, County Attorney `rr~ Lennar Communities of South Florida, Inc. 1015 Norfh State Road 7 • Suite C • Royal Palm Beach, Florida 33411 Tel. (561) 333-4700 • Fax (561) 333-2474 8/ 12/04 Dear St. Lucie County Board of Commissioners, Lennar Homes, Inc. respectfully requests a continuance to rezoning ordinance 44 - 09¢- from 8/17/04 to a date certain of 10/26/04. With apologies for the prolongation, Lennar Homes Inc., with the help of St. Lucie County Community Development Staff, along with this rezoning request is in the process of submitting a Master Site Plan, a text amendment allowing for "fee simple" townhomes, and a development agreement with the County. The justification for continuance is to have all said submittals in place and addressed at the same Board of County Commission public hearing. Since a development agreement by law requires two public hearings, this proposal allows the County the comfort that the rezoning request will be accompanied by development agreement providing assurance of the future development of the parcel. Lennar's endeavor is to give the County Commission and the residents of St. Lucie County a level of comfort that "what you see is what you will get" upon rezoning approval. Lennar feels comfortable that this extension will allow staff the necessary time to review all the submittals and sync them together on the same agenda for final Commission approval. Additionally, this strategy will give the County control over the development guidelines and the assertion that principles will be maintained by Lennar and/or any potential successor of the property. Lennar, recognizing this need for Commission assurance, intends to prepare a draft development agreement and negotiate the same to finality with the County. We will do so prior to the requested hearing date on the rezoning request. More specifically, the agreement will mandate the development to uphold standards consistent with St. Lucie Count~Es current comprehensive plan. A~ Lennar Communities of South Florida, Inc. 1015 North State Road 7 • Suite C • Royal Palm Beach, Florida 33411 Tel. (561) 333-4700 • Fax (561) 333-2474 Control Structures will include but are not limited to: - In conjunction with the Engineering Department, a Tract Dedication for the Lennard Rd. extension - Open- space percentage greater than RM-5 zoning classification currently necessitates - Preservation of the majority of wetlands (Impacts less than'/z acre) - Limit the sizing of the single family housing footprints to conform with RS-4 zoning classification. - Limit the total number of units to 171 ~paENS~Ty ~ N t.61 Ov's~gtAE~ ~~ Lennar would like to thank the commission for their understanding and patience as this has become a complicated task most notably because of the uncertainty of the location of the future Lennard Rd. extension. Lennar has worked with County staff to create a master plan that now accounts for either a northern or southern road alignment. Please consider this request as an attempt to give the County further confidence and clarity in our plan and not an attempt to add confusion to an already complicated and controversial piece of property. Thank you for your thoughtful contemplation. Sincerely, A. Everett Waldman (Rett) Land Development Manager Agenda Request Item Number Date: Consent Regular Public Hearing Leg. [/] 08/17/04 [ ] [ l [X] Quasi-JD j-X ] To: Board of County Commissioners / ~~e~ Submitted By: Growth Management ~~- ~ In rim Gr agement Director SUBJECT: Consider Draft Resolution 04-093 granting a Chan in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RS-4 (Residential, Single- Family - 4 du/acre) Zoning District for property located on the west side of Keen Road, approximately 700 feet north of Angle Road. BACKGROUND: The petitioner, Rio Lago Florida Investments, LLC, has requested this change in zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District on property located on the west side of Keen Road, approximately 700 feet north of Angle Road in order to allow the property to be developed for single-family lots. FUNDS AVAILABLE: N/A PREVIOUS ACTION: At the June 17, 2004, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 4 to 3 (Mr. Hearn, Ms. Hammer, and Mr. Trias) with two members (Mr. Akins and Mr. Lounds) absent, recommended approval of the requested change in zoning to the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District. On August 3, 2004, the Board of County Commissioners continued the public hearing to August 17, 2004, in order to allow the applicant time to consider a conservation easement over an oak hammock located on the subject property. RECOMMENDATION: Staff recommends approval of Draft Resolution 04-093. COMMISSION ACTION: APPROVED ~ DENIED OTHER Approved 5-0 Motion to continue to September 7, 2004 at 6:OOpm or as soon Coordination/ Signatures there after that it may be heard. ty Attorney (.- Mgt. & Budget: ~ngmating Dept.: Other: Finance: N RRENCE: ouglas M. Anderson County Administrator Purchasing: Other: Commission Review: August 17, 2004 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Interim Growth Management Director DATE: August 11, 2004 SUBJECT: Application of Rio Lago Florida Acquisitions, LLC., for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District. LOCATION: West side of Keen Road, approximately 700 feet north of Angle Road. EXISTING ZONING: AR-1 (Agricultural, Residential - 1 du/acre) PROPOSED ZONING: RS-4 (Residential, Single-Family - 4 du/acre) FUTURE LAND USE: RU (Residential Urban) PARCEL SIZE: 33.28 acres PROPOSED USE: Single-Family subdivision consistent with the RS-4 Zoning District PERMITTED USES: Attachment "A" -Section 3.01.03(J), RS-4 (Residential, Single-Family - 4 du/acre) -contains the designated uses, which are permitted by right, permitted as an accessory use, or permitted through the conditional use process. Any use designated as a "Conditional Use" is required to undergo further review and approvals. Any use not found within the zoning district regulations are prohibited uses for that district. SURROUNDING ZONING: RS-4 (Residential, Single-Family - 4 du/acre) to the east. AR-1 (Agricultural - 1 du/acre) to the north, south, and west. August 11, 2404 Page 2 Subject: Rio Lago Florida Acquisitions, LLC File No.: RZ-04-018 SURROUNDING LAND USES: The general existing use surrounding the property is residential and vacant undeveloped property. The Harmony Heights residential subdivision is located to the east across Keen Road. The Future Land Use Classification of the surrounding area is RU (Residential Urban) to the north, south, west and east. FIRE/EMS PROTECTION: Station #4 (4000 St. Lucie Boulevard), is located approximately 3.75 mile to the north and east. UTILITY SERVICE: The subject property is within the Ft. Pierce Utilities Authority (FPUA) service area. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for Keen Road in the area of the proposed rezoning is 60 feet. SCHEDULED IMPROVEMENTS: None. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed zoning district is consistent with the St. Lucie County Land Development Code and specifically has met the standards of 11.06.03. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed change in zoning is consistent with all elements of the St. Lucie County Comprehensive Plan. August 11, 2604 Page 3 Subject: Rio Lago Florida Acquisitions, LLC File No.: RZ-04-018 Policy 1.1.1.1 of the of the St. Lucie County Comprehensive Plan allows for a maximum density of 5 dwelling units per acre in the Residential Urban future Land Use Classification. The request is compatible with the RU (Residential Urban) Future Land Use classification, in that the maximum density proposed is 4 dwelling units per acre. In fact the applicant has indicated that he intends a density of less than 4 du/acre. Policy 1.1.4.2 of the St. Lucie County Comprehensive Plan requires that new development be designed and planned in a manner, which does not place an unanticipated economic burden upon the services and facilities of St. Lucie County. The subject property is located within the Urban Service Boundary of St. Lucie County and within the service area of the Ft. Pierce Utilities Authority (FPUA) for the provision of central water and sewer services. The applicant will be responsible for connection to these services and for other improvements needed for his development. Objective 1.1.5 of the St. Lucie County Comprehensive Plan states that future development within the Urban Service Boundary shall be 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 subject property is located within the Urban Service Boundary of St. Lucie County and within the service area of the Ft. Pierce Utilities Authority (FPUA) for the provision of central water and sewer services. Policy 1.1.5.10 of the St. Lucie County Comprehensive Ptan states that developments of a density greater than two units per acre shall only be permitted when central water and sewer services are available. The proposed change in zoning would allow a density of up to 4single-family dwellings per acre. The project will be serviced by the FPUA. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed zoning is consistent with the future proposed and existing uses in the area. Along established subdivision -Harmony Heights - has a density of approximately 4 dwelling units per acre. The developer of the subject property has discussed plans for a subdivision with a density of less than 4 dwelling units per acre. 4. Whether there have been changed conditions that require an amendment; Conditions have not changed so as to 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; ~/ August 11, 2004 Page 4 Subject: Rio Lago Florida Acquisitions, LLC File No.: RZ-04-018 The intended use for this rezoning is not expected to create significant additional demands on any public facilities in this area. Water and sewer services are available to this site. Any development will need to demonstrate that there are adequate public facilities in the area to support such development. The proposed project would also be required to verify that any development would meet South Florida Water Management District requirements for drainage. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. Any future development of this site will be required to comply with all state and local environmental regulations. The site is currently an old grove and does not contain significant native vegetation and habitat. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; The proposed amendment would result in an orderly and logical development pattern for the long term uses in the area. The subject property has a future land use classification of Residential Urban, which allows for the RS-4 Zoning District and the uses associated with this designation. The subject property is bounded by the Harmony Heights residential subdivision to the east, which has a zoning district designation of RS-4. The subject property is within the urban service boundary of St. Lucie County. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment is not in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The petitioner, Rio Lago Florida Acquisitions, LLC, has requested this change in zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RS-4 (Residential, Single- Family - 4 du/acre) Zoning District on property located on the west side of Keen Road, approximately 700 feet north of Angle Road in order to develop the property for asingle-family development. The subject property has a future land use classification of Residential Urban, which may allow the RS-4 Zoning District and the uses associated with this designation. The subject property is bounded by the Harmony Heights residential subdivision to the east across Keen Road, which has a zoning district designation of RS-4 and is within the urban service boundary of St. Lucie County. The subject [property is in the service area of the Ft. Pierce Utilities Authority. ~/` August 11, 2004 Page 5 Subject: Rio Lago Florida Acquisitions, LLC File No.: RZ-04-018 Attached is a copy of Section 3.01.03(J) - RS-4 (Residential, Single-Family - 4 du/acre), of the St. Lucie County Land Development Code, which delineates the permitted, accessory, and conditional uses allowed in this zoning district. At the June 17, 2004, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 4 to 3 (Mr. Hearn, Ms. Hammer, and Mr. Trias) with two members (Mr. Akins and Mr. Lounds) absent, recommended approval of the requested change in zoning to the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District. On August 3, 2004, the Board of County Commissioners held a public hearing on this item and continued the hearing to the August 3, 2004, meeting, in order to allow the applicant's representative, Dan Harrell, time to contact the owner of the property and inquire as to their willingness to create a conservation easement over an oak hammock that exists at the northeast section of the subject property. At the time of the writing of this report, staff has not been provided a resolution to the situation. Staff will provide the Commissioners an update if a resolution is reached prior to the public hearing. Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that the Board approve the petition for a change in zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District. Attached is a copy of Draft Resolution 04-093, which, if approved, would grant a change in zoning from the AR-1 (Agricultural, Residential - 1 du/acre) to the RS-4 (Residential, Single- Family - 4 du/acre) Zoning District. Please let me know if you have any questions. SUBMITTED: ly ~'t en"son, ASLA m (~owth Management Director hf cc: County Administrator County Attorney Planning Manager Daniel Harrell, Esq. Eric Zeiss, P.E John Albritton, PSM File 2 3 4 5 6 s 9 ~Irr' RESOLUTION 04-093 FILE NO.: R2-04-018 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1 DU/ACRE) ZONING DISTRICT TO THE RS-4 (RESIDENTIAL, SINGLE- FAMILY - 4 DU/ACRE) ZONING DISTRICT OF CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including, but not limited to the staff report, has made the following determinations: 1. Rio Laao Florida Acauisitions, LLC., presented a petition for a change in zoning from the AR-1 (Agricultural, Residential -1 du/acre) Zoning District to the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District for the property depicted on the attached maps as Exhibit "A" and described below. 2. On June 17, 2004, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve a change in zoning from the AR-1 (Agricultural, Residential -1 du/acre) Zoning District to the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District. 3. On August 3, 2004, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. That public hearing was continued to the Board of County Commissioners meeting of August 17, 2004. 4. On August 17, 2004, the Board of County Commissioners continued the public hearing. 5. The proposed change in zoning has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code and is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. 6. The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: File No.: RZ-04-018 August 17, 2004 Resolution 04-093 Page 1 ~' A. The proposed Change in the Zoning District Classification from the AR-1 (Agricultural, Residential -1 du/acre) Zoning District to the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District is hereby approved for the following described property owned by Rio Lago Florida Acquisitions, LLC: 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 THE WEST 1 ACRE OF THE NORTH 165 FEET OF THE SOUTH 430 FEET OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER (SE 1/4 OF SE 1/4) OF SECTION 36, TOWNSHIP 34 SOUTH, RANGE 39 EAST. ALSO: THAT PART OF THE NORTH 35 FEET OF THE SOUTH 265 FEET OF THE SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER (SE 1/4 OF SE 1/4), LYING SOUTH OF AND CONTIGUOUS TO THE SAID WEST 1 ACRE OF THE NORTH 165 FEET OF THE SOUTH 430 FEET OF THE SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER (SE 1/4 OF SE 1/4), TOGETHER WITH A RIGHT OF INGRESS AND EGRESS OVER THAT PART OF THE SAID NORTH 35 FEET OF THE SOUTH 265 FEET, LYING EAST OF THE SAID WEST 1 ACRE. AND: THE NORTH 165 FEET OF THE SE'/a OF THE SE 1/4 ,SECTION 36, TOWNSHIP 34 SOUTH, RANGE 39 EAST, LESS WEST 3 ACRES AND LESS EAST 40 FEET FOR KEEN ROAD RIGHT-OF-WAY, ST. LUCIE COUNTY, FLORIDA. AND: THE SE'/a OF THE SE'/a OF SECTION 36, TOWNSHIP 34 SOUTH, RANGE 39 EAST, LESS AND EXCEPT THEREFROM THE NORTH 165 FEET AND THE SOUTH 430 FEET ALSO: THE WEST 3 ACRES OF THE NORTH 165 FEET OF THE SE'/a OF THE SE'/a OF SECTION 36, TOWNSHIP 34 SOUTH, RANGE 39 EAST, EXCEPTING THEREFROM RIGHTS OF WAY FOR PUBLIC ROADS AND DRAINAGE CANALS AND: THE NORTH 200 FEET OF THE SOUTH 430 FEET OF THE SE'/a OF THE SE'/a OF SECTION 36, TONWHSIP 34 SOUTH, RANGE 39 EAST, LESS AND EXCEPTING THEREFROM THE EAST 40 FEET AS A RIGHT-OF-WAY FOR KEEN ROAD; AND FURTHER EXCEPTING THEREFROM: THE WEST 1 ACRE OF THE NORTH 165 FEET OF THE SOUTH 430 FEET OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER (SE '/a OF SE'/a) OF SECTION 36, TOWNSHIP 34 SOUTH, RANGE 39 EAST. ALSO: THAT PART OF THE NORTH 35 FEET OF THE SOUTH 265 FEET OF THE SAID SOUTHEAST ONE QUARTER OF THE SOUTHEAST ONE-QUARTER (SE '/a OF SE '/a), LYING SOUTH OF AND CONTIGUOUS TO THE SAID WEST 1 ACRE OF THE NORTH 165 FEET OF THE SOUTH 430 FEET OF THE SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER (SE'/a OF SE'/a), TOGETHER WITH A RIGHT OF INGRESS AND EGRESS OVER THAT PART OF THE SAID NORTH 35 FEET OF THE SOUTH 265 FEET, LYING EAST OF THE SAID WEST 1 ACRE. (Location: West side of Keen Road, approximately 700 feet north of Angle Road) File No.: RZ-04-018 August 17, 2004 Resolution 04-093 Page 2 1 2 3 4 5 6 7 s 9 to 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 B. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the change to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman 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 17`h Day of August 2004. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk hf H:\W ORD\Petitions\BCC\Finished.04\RioLago.RZ\RioLagoRES.doc File No.: RZ-04-018 August 17, 2004 County Attorney Resolution 04-093 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Exhibit A Maps • General Location Map • Area Subject to the Change in Zoning File No.: RZ-04-018 Resolution 04-093 August 17, 2004 Page 4 ~+"'' Agenda Request G=~ .., Item Number 4 ~ Date: 08/03/04 Consent [ ] Regular [ ] Public Hearing [ X ] Leg. [ ] quasi-JD [ X ] To: Board of County Commissioners Pre ented By .~ L~ Submitted By: Growth Management ~ ~l - --- Interim Growth Management Director SUBJECT: Consider Draft Resolution 04-093 granting a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District for property located on the west side of Keen Road, approximately 700 feet north of Angle Road. BACKGROUND: The petitioner, Rio Lago Florida Investments, LLC, has requested this change in zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the RS-4 (Residential, Single- Family - 4 du/acre) Zoning District on property located on the west side of Keen Road, approximately 700 feet north of Angle Road in order to allow the property to be developed for single-family lots. FUNDS AVAILABLE: N/A PREVIOUS ACTION: At the June 17, 2004, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 4 to 3 (Mr. Hearn, Ms. Hammer, and Mr. Trias) with two members (Mr. Akins and Mr. Lounds) absent, recommended approval of the requested change in zoning to the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District. RECOMMENDATION: Staff recommends approval of Draft Resolution 04-093. COMMISSION ACTION: APPROVED ~ DENIED OTHER Coordination/ Signatures County Attorney R~~. ~nsr~. Mgt. & Budget: ., /~,, Originating Dept.: ~~- Other: -r~_JAT~- Finance: CONCURRENCE: Douglas M. Anderson County Administrator Purchasing: Other: Commission Review: August 3, 2004 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Interim Growth Management Director DATE: July 28, 2004 SUBJECT: Application of Rio Lago Florida Acquisitions, LLC., for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District. LOCATION: West side of Keen Road, approximately 700 feet north of Angle Road. EXISTING ZONING: AG-1 (Agricultural - 1 du/acre) PROPOSED ZONING: RS-4 (Residential, Single-Family - 4 du/acre) FUTURE LAND USE: RU (Residential Urban) PARCEL SIZE: 33.28 acres PROPOSED USE: Single-Family subdivision consistent with the RS-4 Zoning District PERMITTED USES: Attachment "A" -Section 3.01.03(J), RS-4 (Residential, Single-Family - 4 du/acre) -contains the designated uses, which are permitted by right, permitted as an accessory use, or permitted through the conditional use process. Any use designated as a "Conditional Use" is required to undergo further review and approvals. Any use not found within the zoning district regulations are prohibited uses for that district. SURROUNDING ZONING: RS-4 (Residential, Single-Family - 4 du/acre) to the east. AR-1 (Agricultural - 1 du/acre) to the north, south, and west. July 28, 2004 Page 2 Subject: Rio Lago Florida Acquisitions, LLC File No.: RZ-04-018 SURROUNDING LAND USES: The general existing use surrounding the property is residential and vacant undeveloped property. The Harmony Heights residential subdivision is located to the east across Keen Road. The Future Land Use Classification of the surrounding area is RU (Residential Urban) to the north, south, west and east. FIRE/EMS PROTECTION: Station #4 (4000 St. Lucie Boulevard), is located approximately 3.75 mile to the north/east. UTILITY SERVICE: The subject property is within the Ft. Pierce Utilities Authority (FPUA) service area. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for Keen Road in the area of the proposed rezoning is 60 feet. SCHEDULED IMPROVEMENTS: None. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed zoning district is consistent with the St. Lucie County Land Development Code and specifically has met the standards of 11.06.03. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed change in zoning is consistent with all elements of the St. Lucie County Comprehensive Plan. ~'Irie~ July 28, 2004 Page 3 Subject: Rio Lago Florida Acquisitions, LLC File No.: RZ-04-018 Policy 1.1.1.1 of the of the St. Lucie County Comprehensive Plan allows for a maximum density of 5 dwelling units per acre in the Residential Urban future Land Use Classification. The request is compatible with the RU (Residential Urban) Future Land Use classification, in that the maximum density proposed is 4 dwelling units per acre. Policy 1.1.4.2 of the St. Lucie County Comprehensive Plan requires that new development be designed and planned in a manner, which does not place an unanticipated economic burden upon the services and facilities of St. Lucie County. The subject property is located within the Urban Service Boundary of St. Lucie County and within the service area of the Ft. Pierce Utilities Authority (FPUA) for the provision of central water and sewer services. Objective 1.1.5 of the St. Lucie County Comprehensive Plan states that future development within the Urban Service Boundary shall be 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 subject property is located within the Urban Service Boundary of St. Lucie County and within the service area of the Ft. Pierce Utilities Authority (FPUA) for the provision of central water and sewer services. Policy 1.1.5.10 of the St. Lucie County Comprehensive Plan states that developments of a density greater than two units per acre shall only be permitted when central water and sewer services are available. The proposed change in zoning would allow a density of up to 4single-family dwellings per acre. The project will be serviced by the FPUA. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed zoning is consistent with the future proposed and existing uses in the area. Along established subdivision -Harmony Heights - has a density of approximately 4 dwelling units per acre. The developer of the subject property has discussed plans for a subdivision with a density of approximately 4 dwelling units per acre. 4. Whether there have been changed conditions that require an amendment; Conditions have not changed so as to 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; July 28, 2004 Page 4 Subject: Rio Lago Florida Acquisitions, LLC File No.: RZ-04-018 The intended use for this rezoning is not expected to create significant additional demands on any public facilities in this area. Water and sewer services are available to this site. Any development will need to demonstrate that there are adequate public facilities in the area to support such development. The proposed project would also be required to verify that any development would meet South Florida Water Management District requirements for drainage. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. Any future development of this site will be required to comply with all state and local environmental regulations. The site is currently an old grove and does not contain significant native vegetation and habitat. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; The proposed amendment would result in an orderly and logical development pattern for the long term uses in the area. The subject property has a future land use classification of Residential Urban, which allows for the RS-4 Zoning District and the uses associated with this designation. The subject property is bounded by the Harmony Heights residential subdivision to the east, which has a zoning district designation of RS-4. The subject property is within the urban service boundary of St. Lucie County. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment is not in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The petitioner, Rio Lago Florida Acquisitions, LLC, has requested this change in zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District on property located on the west side of Keen Road, approximately 700 feet north of Angle Road in order to develop the property for asingle-family development. The subject property has a future land use classification of Residential Urban, which may allow the RS-4 Zoning District and the uses associated with this designation. The subject property is bounded by the Harmony Heights residential subdivision to the east across Keen Road, which has a zoning district designation of RS-4 and is within the urban service boundary of St. Lucie County. Adequate water and sewer services are available to the area. Attached is a copy of Section 3.01.03(J) - RS-4 (Residential, Single-Family - 4 du/acre), of the St. Lucie County Land Development Code, which delineates the permitted, accessory, and conditional uses allowed in this zoning district. July 28, 2004 Page 5 Subject: Rio Lago Florida Acquisitions, LLC File No.: RZ-04-018 At the June 17, 2004, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 4 to 3 (Mr. Hearn, Ms. Hammer, and Mr. Trias) with two members (Mr. Akins and Mr. Lounds) absent, recommended approval of the requested change in zoning to the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District. Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in Section 1.1.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that the Board approve the petition for a change in zoning from the AR-1 (Agricultural - 1 du/acre) Zoning District to the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District. Attached is a copy of Draft Resolution 04-093, which, if approved, would grant a change in zoning from the AG-1 (Agricultural - 1 du/acre) to the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District. Please let me know if you have any questions. SUBMITTED: Randy Stevenson, ASLA Interim Growth Management Director hf cc: County Administrator County Attorney Planning Manager Daniel Harrell, Esq. Eric Zeiss, P.E John Albritton, PSM File 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 is 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 '4~r'` RESOLUTION 04-093 FILE NO.: RZ-04-018 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE AG-1 (AGRICULTURAL - 1 DU/ACRE) ZONING DISTRICT TO THE RS-4 (RESIDENTIAL, SINGLE-FAMILY - 4 DU/ACRE) ZONING DISTRICT OF CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including, but not limited to the staff report, has made the following determinations: 1. Rio Lago Florida Acquisitions LLC presented a petition for a change in zoning from the AG-1 (Agricultural -1 du/acre) Zoning District to the RS-4 (Residential, Single-Family-4 du/acre) Zoning District for the property depicted on the attached maps as Exhibit "A" and described below. 2. On June 17, 2004, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve a change in zoning from the AG-1 (Agricultural -1 du/acre) Zoning District to the RS-4 (Residential, Single- Family - 4 du/acre) Zoning District. 3. On August 3, 2004, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed change in zoning has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code and is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. 5. The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: File No.: RZ-04-018 August 3, 2004 Resolution 04-093 Page 1 A. The proposed Change in the Zoning District Classification from the AG-1 (Agricultural -1 du/acre) Zoning District to the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District for that property depicted on the attached maps as Exhibit "A"and described as follows: THE WEST 1 ACRE OF THE NORTH 165 FEET OF THE SOUTH 430 FEET OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER (SE 1/4 OF SE 1/4) OF SECTION 36, TOWNSHIP 34 SOUTH, RANGE 39 EAST. ALSO: THAT PART OF THE NORTH 35 FEET OF THE SOUTH 265 FEET OF THE SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER (SE 1/4 OF SE 1/4), LYING SOUTH OF AND CONTIGUOUS TO THE SAID WEST 1 ACRE OF THE NORTH 165 FEET OF THE SOUTH 430 FEET OF THE SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER (SE 1/4 OF SE 1/4), TOGETHER WITH A RIGHT OF INGRESS AND EGRESS OVER THAT PART OF THE SAID NORTH 35 FEET OF THE SOUTH 265 FEET, LYING EAST OF THE SAID WEST 1 ACRE. (Location: West side of Keen Road, approximately 700 feet north of Angle Road) owned by Rio Lago Florida Acquisitions, LLC., is hereby approved. B. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the change to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman 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 3'd Day of August 2004. BOARD OF COUNTY COMMISSIONERS File No.: RZ-04-018 August 3, 2004 Resolution 04-093 Page 2 .~ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk hf H:\W ORD\Petitions\BCC\Finished.04\RioLago.RZ\RioLagoRES.doc File No.: RZ-04-018 August 3, 2004 County Attorney Resolution 04-093 Page 3 irlr/. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Exhibit A Maps • General Location Map • Area Subject to the Change in Zoning File No.: RZ-04-018 Resolution 04-093 August 3, 2004 Page 4 o~~c~a~_ sue~ECr ro PLANNING 8 ZOKINs Rffn~n~.w_._-- AGENDA_ _ITEM 4: -RIO LAGO FLORIDA ACQUISITIONS, LLC FILE NO R~ 04 PR~~A~ 018 e Hank Flores, presenting Staff comments, stated that Agenda Item 4 was the application of Rio Lago Florida Acquisitions, LLC., for a Change in Zoning fi-om the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District for property located on the West side of Keen Road, approximately 700 feet north of Angle Road. The petitioner, Rio Lago Florida Acquisitions, LLC, has requested this change in zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District on property located on the west side of Keen Road, approximately 700 feet north of Angle Road in order to develop the property for asingle-family development. The subject property has a future land use classification of Residential Urban, which may allow the RS-4 Zoning District and the uses associated with this designation. The subject property is bounded by the Harmony Heights residential subdivision to the east across Keen Road, which has a zoning district designation of RS-4 and is within the urban service boundary of St. Lucie County. Adequate water and sewer services are available to the area. Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in the Land Development Code and is not in conflict with the Comprehensive Plan. Staff is recommending that you forward this petition to the Board of County Commissioners with a recommendation of approval. Chairman McCurdy questioned if the petition was present. Mr. Dan Harrell stated that he was there to represent the petitioner and also had Eric Zeiss from Culpepper & Terpening, the project engineer, present to answer any questions. He continued that the applicant was requesting a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District for 33 acres to allow for the development of asingle-family subdivision of 70 homes. He continued that they are only developing at two (2) units per acre but the RS-4 zoning allows for better lot sizes and set backs. He continued that the parcel also has 12 to 14 acres of man-made lakes and a '/z acre upland area that they are attempting to preserve. He continued that they would be removing some Australian Pines and Brazilian Peppers. He stated that the Staff report explained everything else thoroughly and asked that the request be approved. Mr. Grande stated that the aerial photo provided in their packet looks like the lake is planted. Mr. Harrell stated that it was not and had existed for at least 40 years. Mr. Hearn stated that under the new zoning, if approved, they could get an additional 100 units on the property. Mr. Harrell stated that theoretically that was correct but once the minimum lot size and setback requirements are met, that would not be possible. He stated that under the AR-1 zoning they could only get 33 units and [he rezoning to RS-4 would allow them to get 70 units. Mr. Hearn stated that he was very concerned about increasing densities and making sure that growth is paying for itself. He advised that was a major concern expressed by the public at the North County Charrette and was not comfortable with this request. He continued that it is a developers dream to buy property at one (1) unit per acre prices and then develop it at 4 units per acre. P&Z / LPA Regular Meeting June 17, 2004 Page 13 of 27 • SUBJECT TO " PLANNING & ZONINs COMMISSION APPROVAL Mr. Trias questioned if this request was consistent with the ides of the North County Charrette. Mr. Stevenson stated that the North County Charrette plans are still being reviewed and are fluid documents at this point. He continued that right now they are only concepts and would not be concrete until a plan is completed and adopted. Chairman McCurdy questioned if this property was within the Urban Service Boundary. Mr. Flores confirmed that it was. Chairman McCurdy stated that at the North County Charrette they discussed development within the Urban Service Boundary and encouraged it, so he felt this would be conducive. Mr. Trias stated that the there were maps prepared that showed areas where growth should be encouraged and questioned if this property was within those areas. Chairman McCurdy stated that this property is within those areas on the North County Charrette maps. Mr. Hearn stated that they discussed that there was a need for more density within the Urban Service Boundary at the North County Charrette but that they stated a formula should be created to determine how to move densities from areas that would not be developed to these areas. He continued that he was not interested in increasing densities unless they are giving up density in other areas. Mr. Merritt questioned the values of the units. Mr. Harrell stated that they would start at $300,000 and that these would only be single-family units. He continued that they would not have multi-family, zero lot lines, and no patio homes. He stated that they were only interested in single-family and the minimum lot size and setback requirements under the RS-4 zoning. Mr. Merritt stated that he was only concerned about the value of the density and not the density itself, for tax base purposes. He continued that based on values of $300,000, he would support this request. Mr. Harrell stated that those values are consistent with the property values along Keen Road. Chairman McCurdy opened the public hearing Mr. Joe Stephens, 3625 Orange Avenue, stated that he owns two lots on the corner of San Diego and Keen Road that he wants to build on. He stated that the smallest lots in that area are a minimum of 3/4 of an acre, 600 feet deep, and 75 feet wide. He continued that most of them have acreage in that area with higher valued homes and property. He stated that the developers' numbers don't add up to him. He advised that if their property is 33 acres and 15 acres of the property are lakes, there would be 70 units on 18 acres, which would not be only two units per acre. He stated that they would be very narrow lots that are inconsistent with the surrounding area. He stated that to the east of the property are higher densities, smaller homes that are low income, and are overcrowded. He stated that he wants to have the land remain at the AR-1 zoning. Mr. Hearn explained that the density transfers off of the lake so that is why it is classified as being two (2) units per acre. He continued that it is not basic math and is a formula used to transfer the density from areas that cannot be developed on. Mr. Merritt stated that he understands Mr. Stevens's concerns, but that the market drives the product. He continued that many people want $300,000 homes and do not want to have to maintain any yards. Mr. Stevens stated that there was not a guarantee that the homes would start P&Z / LPA Regular Meeting June 17, 2004 Page 14 of 27 UNOFFICIAL-~ SUR~ECT TO PLANNING & ZONING at $300,000 and that he doesn't see how they will get that price unless they are on~~~l APPROVAL acre lots. Mr. Grande stated that he agreed with Mr. Merritt and having 1/4-acre lots with half of those lots having a lake view and selling at $300,000 was realistic in today's market. Ms. Sherri Goodner, 2850 S. Jenkins Road, stated the County should be concerned with smart growth because urban sprawl is very costly. She stated that these developers are working with the citizens in the area and want to produce high quality homes. She stated that the developers built Panther Woods and has shown that they have a good reputation and are providing quality homes to the County. She also stated that if approved these homes will give the other property owners the opportunity for higher property appraisals by having other comparable homes in the area. She asked that the Planning and Zoning Commission approve this applicant's request. Mr. John Stephens, 3625 Orange Avenue, stated that homes at $300,000 are great for the tax base but the residents in the area don't want dense development surrounding them. He advised that most of the residents in that area have large amounts of acreage and there are no services in that area, so this type of development does not fit in. He stated that the areas north, south, and west of the property are not dense and they want to keep it that way. Mr. John Holt, of Orange Avenue, stated that the North County Charrette was an idea on how the County should progress and allow growth in a smart manner. He stated that if a developer wants to increase density, then they should be decreasing density somewhere else and have plenty of open space, Ms Hammer stated that at the North County Charrette she heard a majority of the property owners stating that the County should not be increasing density without getting a reduction of density somewhere else. She also stated that she is concerned about land for schools, fire departments, and other services. She advised that if they approve this request now, then someone in the future will also ask for RS-4 (Residential, Single-Family - 4 du/acre) zoning to the north, west, or any other area because we allowed this. She questioned when increasing densities would stop and stated that she feels there should be a valid reason and need for an increase, not just because a developer wants it. Mr. Hearn questioned if the applicant would be allowed to build condos or town houses if they approved an RS-4 (Residential, Single-Family - 4 du/acre) zoning request. Mr. Flores stated that RS-4 (Residential, Single-Family - 4 du/acre) zoning is only for single-family residences and does not allow any type of multi-family development. He also stated that under the RS-4 (Residential, Single-Family - 4 du/acre) zoning the applicant would be required to have a minimum of 8000 square foot lots if on water and sewer or 1/2 acre lots if water and sewer is not available. Chairman McCurdy questioned if there were any proposals for development south of the canal. Mr. Flores stated that property has been bought and sold many times and that there have been some casual discussions about development, but nothing has ever been officially submitted. Chairman McCurdy questioned how close the water and sewer lines run to this property. Mr. Flores stated he believed it runs to Westwood High School. Mr. Merritt stated after considering the testimony presented during the public hearing, including Staff comments, and the Standards of Review as set forth Section 11.06.03, St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners P&Z / LPA Regular Meeting June 17, 2004 Page 15 of 27 u~ur r'Lr~L-- SUB~F~'~ ~ GO~~~ ~~~ .,6,,<< , '~~~~30VAL approve the application of Rio Lago Florida Acquisitions, LLC, for a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the RS-4 (Residential, Single- Family - 4 du/acre) Zoning District because it meets the land use requirements. Motion seconded by Mr. Grande, with discussion. Mr. Hearn stated that because of the burden on the community for having additional density and because of the precedent it will serve for the land surrounding that area he was voting against the motion of approval. Mr. Grande stated that he has always been an advocate of not increasing density without a justification and they should not raise the zoning up to the maximum allowed under the future land use unless the development merit's it. He continued that after reviewing this development he felt it did merit an increase so he was voting for the approval. Upon a roll call vote the motion was approved by a vote of 4-3 (with Ms. Hammer, Mr. Hearn, and Mr. Trias voting against) and forwarded to the Board of County Commissioners with a recommendation of approval. P&Z / LPA Regular Meeting June 17, 2004 Page 16 of 27 ST. LUCIE COUNTY BOARD OF COMMISSIONERS ,~ PUBLIC HEARING AGENDA August 3, 2006 TO WHOM IT MAV CUWCERN: NOTICE a hereby groan m accordance with Secnon t 1.00.03 of the St. Lt County land Development Code and in accordance with the provision: the SL Lucie County Comprahensrve Plan the: the following applicants h requested that the SL Lucie County Board o1 Commissioners consider tl follownng requests: ROBERT P. RIGEL, 1pr a Change in Zoning from the IL IlndusVial, Light) Zc ing District to the CG (Commercial, General) Zoning District for the follow described proparry: THE EASTERLY 320.00 FEET OF THE NORTH 200 FEET OF LOT 172 AND T EASTERLY 320.OD FEET OF THE SOUTH 200 FEET OF LOT 173, MARAVIL GARDENS UNIT THREE, ACCORDING TO THE PLAT THEREOF AS RECOR ED IN PLAT BOOK fi, PAGE 62 Of THE PUBLIC RECORDS OF ST. LU COUNTY, FLORIDA. SUBJECT TO ANY RESTRICTIONS, REGULATIONS EASEMENTS OF RECORD. CONTAINING 128.1[9.34 SOFT. (2.94ACRESI location: 3385 SOUTH U.S. HIGHWAY N0. t LENNAF7 HOMES, tNC., tar a Change m Zoning from the PUD (Planned U Development) Zoning Drstnct to the RM-S lRestdenhal, Mulbple~Famdy tlWacrel Zoning Dispict for the lollowmg dexribed property: 4 CERTAIN PARCEL OF LAND LvING IN SECTION 23, TOWNSHIP 36 SOU( RANGE 40 EAST, ST. LUCIE CUUNTV, FLORIDA. SAID PARCEL OF LAI ALSO LYING WITHIN BLOCK 4. ST LUCIE GARDENS, ACCORDING TO T PLAT THEREOF AS RECORDED IN PLAT BOOK t. PAGES 35 AND 36. OF T PUBLIC RECORDS OF ST. LUCIE COUNTY. FLORIDA. SAID PARCEL BER MORE PARTICULARLY DESCRIBED AS FOLLOWS: 'OMMENCING AT THE SOUTH ONE-QUARTER It/4) CORNER OF SAID SB TION 23. TOWNSHIP 36 SOUTH, RANGE a0 EAST: THENCE N 89 DEGRE 52'65" E, ALONG THE SOUTH LINE OF THE SOUTHEAST ONE QUART (1/41 SECTION LINE OF SAID SECTION 23, A DISTANCE OF 50.00 FEET TC POINT ON THE EASTERLY RIGHT OF WAY LINE OF SILVER OAK DRIV SAID RIGHT Of WAV LINE LYING 50.00 FEET EAST OF, AS MEASURED RIGHT ANGLES T0. THE WEST LINE OF THE SOUTHEAST ONE-OUARTI 17/41 OF SAID SECTION Z3: THENCE N 00 DEGREES 13'26' W, ALONG SA EASTERLY RIGHT OF WAV LINE Of SILVER OAK DRIVE. A DISTANCE 2606.82 FEET TO A POINT ON THE SOUTH RIGHT OF WAV LINE OF TILTC ROAD, SAID RIGHT OF WAY LINE ALSO LYING 40.00 FEET SOUTH OF, I MEASURED AT RIGHT ANGLES T0, THE NORTH LINE OF THE SOUTHER; ONE-QUARTER It/41 OF SAID SECTION 23; THENCE N 89 DEGREES 56'47" ALONG SAID TILTON ROAD RIGHT OF WAV LINE, A DISTANCE OF 1282_ FEET; THENCE S 27 DEGREES 24'06" E, OE PARTING SAID RIGHT OF WE LINE, A DISTANCE OF 1444.25 FEET; THENCE S 00 DEGREES 00'08" W, DISTANCE OF 1321.7[ FEET TO A POINT ON THE SOUTH LINE OF TF SOUTHEAST ONE-QUARTER 11/41 OF SAID SECTION 23; THENCE 5 89 DE GREES 52'65" W, ALONG THE SOUTH LINE OF THE SOUTHEAST ON QUARTER I1/41 OF SAID SECTION 23. A DISTANCE OF 1936.70 FEET TO TF POINT OF BEGINNING. 'DNTAINS 106.37 ACRES, MORE OR LESS. oution: SE Corner of Silver Oeks Drive and Tilton Road. 10 LAGO FLORIDA ACQUISITIONS, LLC., for a Change in Zoningg from AR 'Agricultwal, Residenoal • 1 dWacrel Zoning District to the RSd IRasidenti: ~5ingb-Family - 4 dWacrel Zoning District for the following dexrihad proper V~ NE WEST t ACRE Of THE NORTH 165 FEET OF THE SOUTH 430 FEET O FHE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER IS 1l4 OF SE 1/4) OF SECTION 36, TOWNSHIP 34 SOUTH, RANGE 39 EAST. LSO: THAT PART DF THE NORTH 35 FEET OF THE SOUTH 265 FEET 0 rHE SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUART ~R ISE t/4 Of SE 1/41. LYING SOUTH OF AND CONTIGUOUS TO THE SAI NEST t ACRE OF THE NORTH 165 FEET OF THE SOUTH 430 FEET OF TH iA1D SOUTHEAST ONE-QUARTER Of THE SOUTHEAST ONE-QUARTER IS i/4 OF SE 1/41. TOGETHER WITH A RIGHT OF INGRESS AND EGRESS OVE 'HAT PART OF THE SAID NORTH 35 FEET OF THE SOUTH 265 FEET. LYINI :AST OF THE SAID WEST 1 ACRE. YD: THE NORTH 165 FEET OF THE SE t/4 OF THE SE 1.4 . SECTION 36 'OWNSHIP 34 SOUTH, RANGE 39 EAST, LESS WEST 3 ACRES AND LES', :AST ap FEET FOR KEEN ROAD RIGHT-OF-WAV, ST. LUCIE COUNTY, FLORI )A. VO:THE SE 1/4 OF THE SE 1!4 OF SECTION 36, TOWNSHIP 34 SOUTH IANGE 39 EAST, LESS AND EXCEPT THEREFROM THE NORTH 165 FEE' iND THE SOUTH 430 FEET S0:7NE WEST 3 ACRES OF THE NORTH 765 FEET OF THE SE 7/4 OF THE ~E 7/4 OF SECTION 36, TOWNSHIP 34 SOUTH, RANGE 39 EAST, EXCEPT- VG THEREFROM RIGHTS OF WAY FOR PUBLIC ROADS AND DRAINAGE ANALS J0: THE NORTH 200 FEET OF THE SOUTH 430 FEET OF THE SE 1/4 OF THE E 7/4 Of SECTION 36, TOWNSHIP 30 SOUTH, RANGE 39 EAST, LESS AN[ XCEPTING THEREFROM THE EAST 40 FEET AS A RIGHT-OF-WAV FOF EEN ROAD; AND FURTHER EXCEPTING THEREFROM: THE WEST t ACRI ~F THE NORTH 165 FEET OF THE SOUTH 430 FEET OF THE SOUTHEAST NE-0UARTER OF THE SOVTHEAST ONE•QUARTER ISE 1/4 OF SE 1l4) Of ECTION 36, TOWNSHIP 34 SOUTH, RANGE 39 EAST. SO:THAT PART OF THE NORTH 35 FEET OF THE SOUTH 265 FEET OF HE SAID SOUTHEAST ONE QUARTER OF THE SOUTHEAST ONE-OUAR7- R LSE 1/4 OF SE ll4), LYING SOUTH OF ANO CONTIGUOUS TO THE SAIC LEST 7 ACRE OF THE NORTH 765 FEET OF THE SOUTH 430 FEET OF THE AID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER ISE '4 OF SE 1141. TOGETHER WITH A RIGHT Of INGRESS AND EGRESS OVER iAT PART OF THE SAID NORTH 36 FEET OF THE SOUTH 265 FEET, LYING 4ST OF THE SAID WEST 1 ACRE. :anon: West side o1 Kaen Road, appronmately 700 /eel norm of Angle oad IGELA WINTON, to Define a Class'A" Mobile Home as a Detached Single- Imily Dwelling Unit in the AG•51Agritultural - 1du75 acres/ toning District r the following dexribed proparry: 36 38 N 342.29 FT OF S 3063.68 FT OF W 7/2-LESS W 100 FT AND LESS S 12.30 FT OF E 563.30 FT OF W 1643.02 FT AND LESS S 60 FT OF E 979.83 FT r W 7079.53 FT - (75.04 ACI TOR 16842995:1745-2277) :anon: East arda of Carlton Road, approximately 5.5 miles south of Okea- ol»a Road. BUC HEARINGS will be held in the Commission Cnambers. Roger Poibas max, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia revue, Fort Pierce, Florida on August 3, 2004, beginNng at 6:00 P.M. or as on thereafter as possible 95UANT TO Section 256.0705. Florida Aatutes. if a person tlecides to ap~ al any decision made by a board, agency, or commission with respect to y matter conarderetl at a meeting or hearing, ne will need a recortl of the xeedmgs. and that, for such purposes. he may naetl to ensure That a ver- [Im rerortl of the pro[eedings is made, which record includes the testimo- and evidence upon which the appeal Is to be based. 4RD OF COMMISSIONERS LUCIE COUNTY, FLORIDA 'aura Lewra, CHAIR ~irr'' aoAR~ of COUNTY COMMISSIONERS July 23, 2004 ST. CO Lu UN c~E _- TY .~ ~~~~. F L O R I D A GROWTH MANAGEMENT In accordance with the St. Lucie County Land Development Code, you are hereby advised that RIO LACO FLORIDA ACQUISITIONS, INC., has petitions St. Lucie County for a Change in Zoning from the AR- 1 (Agricultural, Residential - 1 du/acre) Zoning District to the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District for the following described property: Location: West side of Keen Road, approximately 700 feet north of Angle 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, air August 3, 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) 462-1582 if you have any questions, and refer to: File Number RZ-04-018. Sincerely, ST. LUCIE COUNTY BOARD OF COMMISSIONERS Paula Lewis, Chair JOHN D. DRUHN, District No. 1 • DOUG COWARD, District No. 2 PAULA A. LEWIS, District No. ~ FRANNIE HUTCHINSON, District No. 4 • CLIFF DARNES, District No. 5 County Administrator - 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 Fox: (772) 462-1581 Tourist Development: (772) 462-1529 Fox: (772) 462-2132 www.co.st-lucie.fl.us ~r' Planning and Zoning Commission Review: 06/17/04 File Number RZ-04-018 MEMORANDUM GROWTH MANAGEMENT DEPARTMENT TO: Planning and Zoning Commission FROM: Planning Manager~~~ DATE: June 11, 2004 SUBJECT: Application of Rio Lago Florida Acquisitions, LLC., for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District. LOCATION: West side of Keen Road, approximately 700 feet north of Angle Road. EXISTING ZONING: AG-1 (Agricultural - 1 du/acre) PROPOSED ZONING: RS-4 (Residential, Single-Family - 4 du/acre) FUTURE LAND USE: RU (Residential Urban) PARCEL SIZE: 33.28 acres PROPOSED USE: Single-Family subdivision consistent with the RS-4 Zoning District PERMITTED USES: Attachment "A" -Section 3.01.03(J), RS-4 (Residential, Single-Family - 4 du/acre) -contains the designated uses, which are permitted by right, permitted as an accessory use, or permitted through the conditional use process. Any use designated as a "Conditional Use" is required to undergo further review and approvals. Any use not found within the zoning district regulations are prohibited uses for that district. SURROUNDING ZONING: RS-4 (Residential, Single-Family - 4 du/acre) to the east. AR-1 (Agricultural - 1 du/acre) to the north, south, and west. June 11, 2004 Subject: Rio Lago Florida Acquisitions, LLC. Page 2 RZ-04-018 SURROUNDING LAND USES: The general existing use surrounding the property is residential and vacant undeveloped property. The Harmony Heights residential subdivision is located to the east across Keen Road. The Future Land Use Classification of the surrounding area is RU (Residential Urban) to the north, south, west and east. FIRE/EMS PROTECTION: Station #4 (4000 St. Lucie Boulevard), is located approximately 3.75 mile to the north/east. UTILITY SERVICE: The subject property is within the Ft. Pierce Utilities Authority (FPUA) service area. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for Keen Road in the area of the proposed rezoning is 60 feet. SCHEDULED IMPROVEMENTS: None. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: 1• Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed zoning district is consistent with the St. Lucie County Land Development Code and specifically has met the standards of 11.06.03. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed change in zoning is consistent with all elements of the St. Lucie County Comprehensive Plan. June 11, 2004 Page 3 Subject: Rio Lago Florida Acquisitions, LLC. RZ-04-018 Policy 1.1.1.1 of the of the St. Lucie County Comprehensive Plan allows for a maximum density of 5 dwelling units per acre in the Residential Urban future Land Use Classification. The request is compatible with the RU (Residential Urban) Future Land Use classification, in that the maximum density proposed is 4 dwelling per acre. Policy 1.1.4.2 of the St. Lucie County Comprehensive Plan requires that new development be designed and planned in a manner, which does not place an unanticipated economic burden upon the services and facilities of St. Lucie County. The subject property is located within the Urban Service Boundary of St. Lucie County and within the service area of the Ft. Pierce Utilities Authority (FPUA) for the provision of central water and sewer services. Objective 1.1.5 of the St. Lucie County Comprehensive Plan states that future development within the Urban Service Boundary shall be 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 subject property is located within the Urban Service Boundary of St. Lucie County and within the service area of the Ft. Pierce Utilities Authority (FPUA) for the provision of central water and sewer services. Policy 1.1.5.10 of the St. Lucie County Comprehensive Plan states that developments of a density greater than two units per acre shall only be permitted when central water and sewer services are available. The proposed change in zoning would allow a density of up to 4single-family dwellings per acre. The project shall be serviced by the FPUA. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed zoning is consistent with the future proposed and existing uses in the area. Along established subdivision -Harmony Heights - has a density of approximately 4 dwelling units per acre. The developer of the subject property has discussed plans for a subdivision with a density of approximately 4 dwelling units per acre. 4. Whether there have been changed conditions that require an amendment; Conditions have not changed so as to 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 intended use for this rezoning is not expected to create significant additional demands on any public facilities in this area. Water and sewer services are ~. June 11, 2004 Page 4 Subject: Rio Lago Florida Acquisitions, LLC. RZ-04-018 available to this site. Any development will need to demonstrate that there are adequate public facilities in the area to support such development. The proposed project would also be required to verify that any development would meet South Florida Water Management District requirements for drainage. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. Any future development of this site will be required to comply with all state and local environmental regulations. The site is currently an old grove and does not contain significant native vegetation and habitat. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; The proposed amendment would result in an orderly and logical development pattern for the long term uses in the area. The subject property has a future land use classification of Residential Urban, which allows for the RS-4 Zoning District and the uses associated with this designation. The subject property is bounded by the Harmony Heights residential subdivision to the east, which has a zoning district designation of RS-4. The subject property is within the urban service boundary of St. Lucie County. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment is not in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The petitioner, Rio Lago Florida Acquisitions, LLC, has requested this change in zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District on property located on the west side of Keen Road, approximately 700 feet north of Angle Road in order to develop the property for asingle-family development. The subject property has a future land use classification of Residential Urban, which may allow the RS-4 Zoning District and the uses associated with this designation. The subject property is bounded by the Harmony Heights residential subdivision to the east across Keen Road, which has a zoning district designation of RS-4 and is within the urban service boundary of St. Lucie County. Adequate water and sewer services are available to the area. Attached is a copy of Section 3.01.03(J) - RS-4 (Residential, Single-Family - 4 du/acre), of the St. Lucie County Land Development Code, which delineates the permitted, accessory, and conditional uses allowed in this zoning district. If a change in zoning is approved, the applicant, by right, would be allowed to establish any of the uses under the Permitted Uses section. Any use under the Accessory Uses section would be allowed only if one or more of June 11, 2004 Page 5 Subject: Rio Lago Florida Acquisitions, LLC. RZ-04-018 the permitted uses exist on the subject property. Any use under the Conditional Uses section could only be allowed if it first receives approval through the Board of County Commissioners. 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 is recommending that you forward this petition to the Board of County Commissioners with a recommendation of approval. Please contact this office if you have any questions on this matter. Attachment hf cc: County Administrator County Attorney Eric Zeiss, P.E. -Culpepper & Terpening, Inc. John Albritton, PSM File ~1~"'' Suggested motion to recommend approval/denial of this requested change in zoning. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF RIO LAGO FLORIDA ACQUISITIONS, LLC, FOR A CHANGE IN ZONING FROM THE AG-1 (AGRICULTURAL - 1 DU/ACRE) ZONING DISTRICT TO THE RS-4 (RESIDENTIAL, SINGLE-FAMILY - 4 DU/ACRE) ZONING DISTRICT, BECAUSE .... [CITE REASON[S] WHY -PLEASE BE SPECIFIC]. MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF RIO LAGO FLORIDA ACQUISITIONS, LLC, FOR A CHANGE IN ZONING FROM THE AG-1 (AGRICULTURAL - 1 DU/ACRE) ZONING DISTRICT TO THE RS-4 (RESIDENTIAL, SINGLE- FAMILY - 4 DU/ACRE) ZONING DISTRICT, BECAUSE .... [CITE REASON[S] WHY -PLEASE BE SPECIFIC]. ~ir..+ Section 3.01.03 Zoning District Use Regulations E. AR-1 AGRICULTURAL. RESIDENTIAL - 1 ~- Purpose The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum density of one (1) dwelling unit per gross acre, together with such other uses as may be necessary for and compatible with very low density rural residential surroundings. The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(6). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Family day care homes. tss9~ b. Family residential homes provided that such homes shall not be located within a radius of one thousand (1000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (sss~ c. Single-family detached dwellings. (9ss~ 3. Lot Size Requirements Lot size requirements shall be in accordance with Table 1 in Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Table 1 in Section 7.04.00. 5. Off-street Parking Requirements Off-street parking requirements shall be in accordance with Section 7.06.00. 6. Conditional Uses a. Crop services co~z~ b. Family residential homes located within a radius of one thousand (1000) feet of another such family residential home. (999) c. Industrial wastewater disposal. (999) d. Kennels -completely enclosed. (o~szt e. Landscaping & horticultural services (o~e~ f. Retail: (1) Fruits and Vegetables. (sa3~ g. Riding stables. (~s99~ ,, h. Veterinary services. (o~a~ i Telecommunication towers -subject to the standards of Section 7.10.23 (999) Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the following: Adopted August 1, 1990 101 Revised Through 08/01/00 ~Irrw' Section 3.01.03 Zoning District Use Regulations a. Agriculture (farms and ranches accessory to single-family detached dwelling). to,roz~ b. Animals, subject to the requirements of Section 7.10.03. ie9ei c. Guest house subject to the requirements of Section 7.10.04. c99si d. Mobile Home subject to the requirements of Section 7.10.05. te9e~ e. Retail and wholesale trade -subordinate to the primary authorized use or activity. Adopted August 1, 1990 102 Revised Through 08/01/00 Section 3.01.03 Zoning District Use Regulations RS-4 RESIDENTIAL, SINGLE-FAMILY - 4 Purpose The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum density of four (4) dwelling units per gross acre, together with such other uses as may be necessary for and compatible with low density residential surroundings. The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(6). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Family day care homes. (9ss> b. Family residential homes provided that such homes shall not be located within a radius of one thousand (1000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (see) c. Single-family detached dwellings. (eee) 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 Requirements Off-street parking requirements shall be in accordance with Section 7.06.00 6. Conditional Uses a. Family residential homes located within a radius of one thousand (1000) feet of another such family residential home. (eee) b. Telecommunication towers -subject to the standards of Section 7.10.23 (999) 7. 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GIS _..._ _ .~~: Map prepared June 1,20044 ~~°~°~°°~~°b~,,,,°~~~°~,~~°°~„~y. N prbim.lion preside, X Is npliMmEM • bp.y birtlvp Emnr~srt. ,~ Land Use Rio Lago Florida Acquisitions, LLC. RZ 04-018 ~--~~~~isC~~..~ __ This pattern indicates Map prepared June ,,2ooa subject parcel m„mm„~~,~,~~~,~,~~„~,~.,~~,~. ~..,.,.non~., e..~ m.a. m a~o.,a ~ro morwn.n,ro .caxva ~ mro~x~~ aoasw... u m ~mwie.a ro~ w.... wo.in v aoo.n.rc. 1 ~ Rio Lago Florida Acquisitions, LLC. •~ .ter it • , ~ y"r+ •~.rr•~.~..~1rW~/~~ Y .y.. .~~~; ry " ' ~ ew ~~ '° T M • „ ~ r .. ~• II _ + .::. ~~.=.~.;..iw::.:~.i~ ~m ~.ni~ri~j ;~:.lrti.~.~:w~ . _ Y - ~ .r-~.s.. _ ~ ... ... ;..,. ~s, .. ~ ~ N~ Imo. ~. ~+_M.rlr~.~.nMw1~+r ~~.. . ~ .. R •...._ ". .i.~ ~ ~• ~ buy ~ i ~'' r .... ... - .....~. L'. " " y~.~ • wi' . ". .. (..r .d. ~~~~_ ..... .. ...... _... - ._.... ...wr. ..».. • .rw .~ 1:.b ~": ~ 1:~..~r./"+i.+'ii ` iF+'~_ -~.~nw.1`1~0; •~<'~ F a f iI _ _ -r::.: •~.. ~+s mss.. 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LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA June 17, 2004 TO WHOM IT MAY CONCERN: NOTICE is hereby given in accordance with Sec- tion 11.00.03 of the St. Lucie County Land Devel- opment Code and in accordance with the provi- sions of the St. Lucie County Comprehensive Plan, that the following applicant has requested that the St. Lucie County Planning and Zoning Commission consider the following request: RIO LAGO FLORIDA ACQUISITIONS, LLC., for a Change in Zoning from AR-1 (Agricultural, Resi- dential - 1 du/acre) Zoning District to the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District for the following described property: THE WEST 1 ACRE OF THE NORTH 165 FEET OF THE SOUTH 430 FEET OF THE SOUTHEAST ONE- QUARTER OF THE SOUTHEAST ONE-QUARTER (SE 1/4 OF SE 1/4) OF SECTION 36, TOWNSHIP 34 SOUTH, RANGE 39 EAST. ALSO: THAT PART OF THE NORTH 35 FEET OF THE SOUTH 265 FEET OF THE SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE- QUARTER (SE 1/4 OF SE 1/4), LYING SOUTH OF AND CONTIGUOUS TO THE SAID WEST 1 ACRE OF THE NORTH 165 FEET OF THE SOUTH 430 FEET OF THE SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER (SE 1/4 OF SE 1/4), TOGETHER WITH A RIGHT OF INGRESS AND EGRESS OVER THAT PART OF THE SAID NORTH 35 FEET OF THE SOUTH 265 FEET, LYING EAST OF THE SAID WEST 1 ACRE. Location: West side of Keen Road, approximately 700 feet north of Angle Road. PUBLIC HEARINGS will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lu- cie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on June 17, 2004, be- ginning at 7:00 P.M. or as soon thereafter as pos- sible. PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by a board, agency, or commission with respect to any matter considered at a meeting or hearing, he will need a record of the proceedings, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. PLANNING AND ZONING COMMISSION / LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA /S/ Carson McCurdy, Chairman Publish: June 5, 2004 645976 ~j ,~ ~J QOARD OF ` ~~~ , GROWTH COUNTY ~ ~ .~,~_, MANAGEMENT COMMISSIONERS June 7, 2004 )n accordance with the St. Lucie County Land Development Code, you are hereby advised that RIO LAGO FLORIDA ACQUISITIONS, INC., has petitions St. Lucie County for a Change in Zoning from the AR- 1 (Agricultural, Residential - 1 du/acre) Zoning District to the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District for the following described property: Location: West side of Keen Road, approximately 700 feet north of Angle Road. THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The first public hearing on the petition will be held at 7:00 P.M., or as soon thereafter as possible, on June 17, 2004, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Planning and Zoning Commission at least 3 days prior to a scheduled hearing. County policy discourages communication with individual Planning and Zoning Commission and County Commission on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the Planning and Zoning Commission are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to adate-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) 462-1582 if you have any questions, and refer to: File Number: RZ-04-018. Sincerely, STLUCIE COUNTY PLANNING AND ZONING COMMISSION ,; / '~~ t. 4 -;.~ ~/'l ~ if ~~,i ; ./~~.~ / j~'ry_}'._ Carson McCurdy, Chairman ~t/' F J JOHN D. DRUHN, District No. 1 • DOUG COWARD, District No. 2 PAULA A. LEWIS, District No. 3 • FRANNIE HUTCHINSON, District No. 4 • CLIFF 6ARNE5, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 Planning: (772) 462-2822 GIS/iechnicol Services: (772) 462-1553 Economic Development: (772) 462-1550 Fax: (772) 462-1581 Tourist Development: (772) 462-1529 Fax: (772) 462-2132 www.co.st-lucie.fl.us V J J N C O 'y ~f 7 p ~ N a ~' lC d ~O C ~ ~ O ~ O O ~ N J ,_> O_ D ~ N O ~ w Q H ~ ~ ~ c o. •~ d ~a N X I~ 0 ~ 0 ~ 0 ~_ ~ O N 0 M 0 N 0 1~ 0 ~ 0 M 0 M 0 M 0 ~ ~ ~ (D M O M CO lf~ N O r 0 0 M 1~ O 0 N M ~ O M O ~ O N f~ ~ O N 0 N 0 N 0 N 0 M 0 M 0 N 0 N 0 N 0 ~ 0 r- 0 .- 0 N 0 ~ 0 ~ 00 N 0 N 0 N sf O O M O 00 (O O N CO CO ct ~A tt 00 ~t 0O '~f CO ~ CO ~ CO ~ CO V' CD ~ CO ~ CO O OO et CO ~ M N CO CO ' CO CO CO CO f~ t0 C0 ' 'ct 1~ C0 C0 0 ~ CD ~ sT O a 0 0 0 0 0 0 0 0 0 0 0 0 st 0 0 N ~ 0 7 0 ~ 0 V 0 ~ 0 7 0 ~ 0 ~ 0 V 0 ~ 0 ~ 0 ~ 0 st 0 ~ 0 0 O V' M M ~ M c'7 M et M ~ M ~ ~ M V M d' M ~ M ~ M a M 7 M ~ M M M C M si M N M ~ M ~ M V M ~ M ~' M ~ ~ M ~t M ~Y M C M ~ M ~ M a M V' M ~ M M M M M M M r w J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J O N LL LL LL LL LL LL LL. 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LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #48- 07-AUG-2004 TO 13-AUG-2004 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 1,319,069.82 536,931.24 001001 Recreation Special Events 215.82 0.00 001149 Section 112/MPO/FHWA/Planning 2004 6,797.03 0.00 001155 USDOJ Violence Against Women Grant 0.00 289.40 001157 CSBG Grant FY04 212.15 2,199.92 001158 Urban Mobile Irrigation Lab 03/04 60.42 1,261.54 001160 Section 112/MPO/Planning FY 04/05 279.00 5,554.37 001286 FDCA/EMPA 2004 3,019.44 0.00 001288 TDC Planning Grant FY 03/04 0.00 603.05 001809 SFWMD-Floridian Aquifer Well 01/04 0.00 1,261.54 101 Transportation Trust Fund 68,284.58 117,388.59 101001 Transportation Trust Interlocals 571.50 0.00 102 Unincorporated Services Fund 3,830.98 47,162.81 102001 Drainage Maintenance MSTU 21,654.09 5,200.28 102105 FDOT Bicycle/Pedestrian Coordinator 0.00 136.62 102107 FDOT Bicycle/Ped. Coordinator 03/04 0.00 1,366.19 102108 Platt's Creek Stormwater Retrofit 233,685.00 0.00 105 Library Special Grants Fund 3,669.94 1,589.61 107 Fine & Forfeiture Fund 81,720.12 69,418.79 107001 Fine & Forfeiture Fund-Wireless Sur 2,587.45 879.62 107002 Fine & Forfeiture Fund-E911 Surchar 3,175.45 29,884.42 " X003 Fine & Forfeiture Fund-800 Mhz Oper 30,672.55 0.00 ~ Port & Airport Fund 13,238.61 10,354.10 140001 Port Fund 1.44 0.00 140306 DOT-New N. Entrance Port Ft. Pierce 1,052.12 0.00 160 Plan Maintenance RAD Fund 132.62 2,743.32 181 SLC Housing Finance Authority Fund 870.30 0.00 183 Ct Administrator-19th Judicial Cir 206.43 1,171.85 183001 Ct Administrator-Arbitration/Mediat 111.29 0.00 183004 Ct Admin.- Teen Court 96.86 2,93.1.95 184203 Ft. Pierce Beach Restoration 1,143.13 0.00 184205 FDEP Fort Pierce Shore Protection P 14,214.92 0.00 184805 FIND Shoreline Stabilization for N 1,103.13 0.00 185002 SHIP Housing Assistance FY 01/02 15,000.00 0.00 185005 FHFA SHIP FY04/05 0.00 2,650.45 310002 Impact Fees-Parks 52.19 0.00 310003 Impact Fees-Public Buildings 685,000.00 0.00 310201 FDEP/FRDAP Ancient Oaks 350.00 0.00 315 County Building Fund 95,030.83 0.00 316 County Capital 108,524.63 0.00 316201 FDEP/FRDAP Savanna Rec Phase II 21.32 0.00 382 Environmental Land Capital Fund 7,609.08 0.00 396 Lennard Road 1 - Roadway Capital 3,487.85 0.00 401 Sanitary Landfill Fund 45,656.87 47,027.45 418 Golf Course Fund 8,631.03 22,784.00 421 H.E.W. Utilities Fund 0.00 215.65 a^1 North Hutchinson Island Utilities 547.79 2,204.65 . NHI Util-Renewal & Replacement Fund 0.00 290.45 08/13/x4 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #48- 07-AUG-20C-_ TO 13-AUG-2004 FUND SUMMARY FUND TITLE EXPENSES 449 NHI Util - Capital Facilities Fund 0.00 451 S. Hutchinson Utilities Fund X7,948.62 458 SH Util-Renewal & Replacement Fund 0.00 461 Sports Complex Fund 9,831.61 471 No County Utility District-Operatin 3,209.47 479 No Cty Util Dist-Capital Facilities ?~ 9,651.78 481 Airport Utilities District 1,193.20 491 Building Code Fund 4,303.81 505 Health Insurance Fund ~ 79,749.73 611 Tourist Development Trust-Adv Fund 0.00 625 Law Library 3.46 630 Tax Deed Overbid Agency Fund 2,373.54 670 Lakewood Park MSBU Fund 1,627.94 PAGE 2 PAYROLL 498.67 894.84 392.46 11,197.46 2,706.66 427.87 245.19 45,962.54 3,167.07 3,854.41 0.00 0.00 0.00 GRAND TOTAL: 3,~ D1,440.94 982,849.03 08/13/8^4 ST. LUCIE COUNTY - BOARD PAGE 1 F?ABWARR VOID LIST# 48- 07-AUG-2004 TO 13-AUG-2004 ~~uND: 001 - General Fund CHECK INVOICE VENDOR TOTAL 00314485 I2426415 Lewis Longman & Walker PA ~ 1,101.10 I2426417 1,295.21 CHECK TOTAL: 2,396.31 00314752 I2427254 Perna, Gicele C 10.80 FUND TOTAL: 2,407.12 .~ ~ ,~- 0 0 ro~ \N :n rt o \rl W ~~a St H E E 4 q Z D eM O O N e"I rl U ao ^ m0 :i J.7 4m ~ bf m ea ~~ :~ 0 m J~~ 9 ~ ~ -+ a a c, m ~~x ;am .'2 .~ .i~vlU aq GI ['. +1 y m a 0 m rn b N H N m b m w aw 00 aoA Yh H b vax a4 .c m ~~e 0 OU Li H aww uH~~~ n to I to I I to I to I to I 1 I E'I I N I W I p~ 1 z I w 1 I 1 ~ I 1 I 1 I 1 1 1 I \ l o I C7 I o I H \ I O A UI I a~ax I OUI xa~ oHAI ~3~~ A A I o W Hlo > al o\alo a~~~ aUwi 1 ~ 1 I H 1 IA I 1 I I o I I O I I I I O I I O I 1 O I N 1 1 y I N I O I rn 1 a 1 ejl 1 ~ 1 I I ~ 1 1 1 1 I v I n 1 1 I 1 1 1 1 i a w H w H C7 W a ~4 U w x U I I 1 I i I I 1 ~ 1 I H I al of ~~ WIC plo 1 1 i 1 ~ U I H O I r Aln I N alw \ I N ly' I H v a qO z W w W a w 0 U m .~ U a w w w w .,~ N m .4 w to \ W p~ I ao ACUw I H CUl>~ ~ o x to U to 1 ~' ~, ~.. Agenda Request To: Board of County Commissioners Submitted By: Growth Management rowth agement, Interim Director SUBJECT: Request acceptance and approval of RFP #04-073 for Advertising Services for Tourism Development Division in fiscal year 2004-2005. BACKGROUND: It has been three years since this service was last placed for bid. The service provides support in the development of the Tourism advertisements and brochures, as well as placing advertisements with various publications. The complete statement of work from Simple Success is attached. The contract in the 2003-2004 fiscal year advertising services was an extension of a one year contract from the 2002-2003 fiscal year. ..500 FUNDS AVAILABLE: Funds have been budgeted in Account 611-5210-534000 in the amount of $21,600 for the Agency Retainer Fee for the 2004-2005 fiscal year. (Additional funds for the actual advertising have been included in the proposed budget but will be approved as required. PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: APPROVED OTHER Approved 5-0 Request to advertise for the RFP was approved by the BOCC on June 1, 2004. Staff and TDC recommend that the Board allocate $21,600 from the Tourism Development Professional Services budget and enter into a contract with Simple Success Marketing to perform these services -RFP#04-073. 0 DENIED CONCUR NCE: o las M. Anderson County Administrator Coordination/ Signatures County Attorney ~5,.,~_or,~., Mgt. & Budget: ~ Purchasing: Originating Dept.. '~`~`= Other: Other: Finance: Item Number a Date: 08/10/04 Consent [ x ] Regular [ ] Public Presentation [ ] Leg. [ ] Quasi-JD [ ] es nted B (insert file ref) ~w.' SCOPE OF WORK The Board is seeking an agency with extensive tourism experience in domestic and international tourism marketing, advertising, and promotions. Simple Success Marketing is that agency. With a successful three-year history with the TDC, years of travel and destination marketing experience and award-winning ad campaigns, Simple Success is the natural fit for St. Lucie County to continue working with. Additionally, SSM has serviced the design and media needs of the EDC office over the past year. As these efforts work in tandem, SSM can offer complete understanding of the county's goals in this area and offer valuable insight. Our qualifications as they pertain to the Scope of Work are as follows: 1) Develop, recommend, and implement an annual marketing plan for the most effective advertising and promotional programs, with strategies directed toward: ^ A five year plan describing and defining the direction of where tourism advertising dollars should be directed over the time frame. SSM will create along-term budget as a part of the existing marketing plan upon being awarded the account. SSM was instrumental in revamping the county's marketing budget format into an annual outlook rather than seasonal. This change allowed alonger-term vision and full advantage of a publication's editorial calendar. ^ Consumers in the State of Florida and throughout the United States, Canada, the United Kingdom, Germany and other international markets: St. Lucie County - In servicing the TDC account for the past three seasons, SSM has assisted in crafting campaigns to reach all of the county's tourist demographics in their various regions. All target markets are addressed in each ad campaign that is developed and the media strategy is continuously reviewed to optimize the county's dollar. The marketing programs implemented for the county include print advertising, Internet adversiting, collateral material design (calendar of events), Mets marketing, contest promotion, PR and more. Media Stream - In realizing that the counties current traffic tracking system was not able to account for and easily tabulate all of the incoming leads, SSM worked to locate and implement the Media Stream program for the tourism office. With it's inception, the county can now accurately track all responses to each ad placed and measure cost of response, location of response, and publication issue. This invaluable data, has allows the SSM team to purchase the county's media more cost effectively and craft ad plans to reach those markets that we know respond. 9/11 -SSM won the TDC tourism marketing contract just after the 9/11 attacks that rocked the industry. Moving quickly, SSM was able to construct an augmented ad plan and contest promotion with FLAUSA and work with the SLC staff to borrow money from the general fund to launch it. The "Perfect Drive" and "Win a Florida Vacation" campaigns made all the difference in maintaining the county's tourism revenue numbers through this difficult season. The FLAUSA plan was co-oped through the state helping to off-set the expense. Equestrian -SSM management has intimate knowledge of the special travel challenges of horse owners, having owned horses and competed around the United States. As St. Lucie County is unique in this respect, SSM will be able to customize a program to attract equestrians into the County. Cruise Travel -Additionally, Joy Baggett worked to develop The Group Sales Division if the Club Royale Cruise Ship from 1994 -1995. Establishing a media mix to generate interest in the cruise line while with Wink Marketing in Miami, Ms. Baggett was very successful and surpassed the client's goals. Group sizes ranged from 4-400 and originated internationally. ^ The Travel Industry; including travel agents, tour and vacation packagers, both domestic and international: Currently the county staff manages all travel industry communication and marketing for St. Lucie County. Moving forward, however, should the staff require any assistance with industry material or advertising SSM stands ready to assist. Ms. Baggett's cruise marketing experience was directly targeted to tour operators around the globe. This experience can help in fine tuning this effort. ^ Convention and modest meeting mlanners: Convention and meeting planners have special needs. They represent clients who have particular requirements for each meeting and convention. St. Lucie County can assist the hotel operators in gaining attention from this very lucrative and repeat-visit target market by answering the unique challenges that every meeting planner faces as they decide where to best bring their group. SSM has been working hand in hand with the St. Lucie County Economic Development office on various recruitment projects. This efforts lends itself to assisting the travel office with actively searching for this business. ^ Other popular segments, such as eco-heritage tourism that will yield the greatest returns to St. Lucie County tourism for advertising dollars expended Each of the county's target markets is evaluated continuously throughout the year. Ads are placed according to which markets are the most responsive, ie; families, golfers, baseball fans, fisherman. Select ad placements both in print and on-line to reach these market segments at key times throughout the year. Only those tired and true publications are purchased for the county and ad design and placement requests are optimized for maximum response. ^ Utilizing Internet promotional activities Simple Success Marketing has built diverse Internet marketing plans for our clients both as a part of the overall media mix and as stand-alone campaigns. We have years of experience with Interactive marketing. At SSM, we view a web site as a marketing tool to be used to increase lead flow, not as an "on-line brochure". SSM will advise St. Lucie County how to best promote their site and develop programs that will allow a dynamic experience for consumers who visit the visitstluciefla.com site. SSM has also implemented an annual service to assist in maximizing the search engine exposure for the site. 2) Create, design and produce a program of promotions to most effectively appeal and target tourists to visit and revisit St. Lucie County In order to broaden the market and increase client reach, Simple Success Marketing has thinking that goes "out of the box" and create campaigns that command attention. SSM will happily work with the County to counsel, design and produce a pubic awareness program to drive tourists to visit and revisit the County. 3) Analyze, develop and produce the most efficient and productive media through research, including but not limited to newspapers, magazines, billboards and broadcast. SSM is afull-service agency with an in-house Media Director. Jeannette Walsh serves as the primary contact and service representative for researching, negotiating, placing and ordering all media placements for clients. 4) Production of brochures and related sales materials The Addy Awards, the American Advertising Federation's version of the Academy Awards, has honored Simple Success Marketing's design capabilities for six straight years. SSM is a one-stop shop for award-winning creative and effective sales materials. Color output for client approval on advertising or print jobs is initiated and finalized at SSM. SSM then forwards creative to magazines, newspapers, billboard providers, or printers. S) Establish research driven benchmarks to determine the effectiveness of Ad Campaigns Return on investment is measured through the county's internal tracking system and through Media Stream. Combined, these efforts allow SSM to evaluate each ad placed to determine if a repeat placement is a good investment for the county. Time of year, issue, page placement, ad size, region, and cost per lead are all measurable with the county's internal efforts. 6) Explore and propose web site advertising, programs that will direct consumer and travel trade to the tourism site and maximize the County's visibility, thus generating more interest in St. Lucie County via the Internet. As a part of every media plan, Simple Success Marketing will include a portion of the budget to online programs. However, traffic to the visitstluciefla.com site will only be one of a number of measurement tools SSM uses to identify the best programs to build site awareness. A major SSM goal will be to utilize the Web site to save on printing and postage costs for brochures. The Web should also be used to track interest and create a database of visitors who can be addressed more economically than printed materials. A series of email and newsletters can be put together which can regularly be sent to the database. Hotels and attractions can participate in these newsletters and potentially off-set production costs. 7) Billboard advertising, designing and coordination with overall advertising program Simple Success Marketing has tremendous billboard experience both in design (from computer to vinyl) and the strategic purchasing of board location. The travel industry relies on billboards as prospects are often making lodging decisions enroute. With the high density of traffic on I-95 and the Florida Turnpike, billboards strategically placed on these heavy out-of--town traffic routes have served St. Lucie County well. Billboards serve two purposes when utilized correctly, the first being a directional for various destinations such as hotels or restaurants. Secondly, billboards serve as a name recognition tool. You may not get the traveler this time, but leave him with a lasting impression that he wants to come back. A good billboard fits into the branding scheme and look of an overall campaign. If created well, the billboard serves as a reinforcement to all of the other media efforts. SSM places billboards with that plan in mind. Thus, billboards are placed and designed to enhance all aspects of the advertising plan. 8) The agency must have in house public relations capabilities All PR is handled in-house and the SSM team has proven ability to harness the power of effective public relations. SSM has a history of organizing special events for our clients, which translate into PR stories. Advertorials, press kit creative, press release copy, media contact lists and blast fax capabilities allow SSM to provide PR support to our advertising accounts. .~. COUNTY ''' 'F L O R I D A 'hw~' AGENDA REQUEST ITEM NO. C-3-A ~rUr)i-5 TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services DATE: August 17, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT: [X] PRESENTED BY: Beth Ryder, Director SUBJECT: Approve the submission of the FY04/05 application to the State of Florida Department of Community Affairs for the Community Services Block Grant Allocation and Resolution No. 04-244. BACKGROUND: St. Lucie County is the lead agency for the Treasure Coast Community Action Agency, which is composed of St. Lucie, Martin and Okeechobee Counties. Through an interlocal agreement, St. Lucie County will disburse the allocation for each county from the State of Florida as follows: Martin $54,473; Okeechobee $42,950; and St. Lucie $112,090. Each County is responsible to provide the required 20% match with 18% in-kind and 2% cash. FUNDS AVAIL: St. Lucie County's required match will be provided with the salary of the Community Services Director (001-6420-512000-600) and the 2% cash will be the dollars ezpended for Utilities (001- 1925-543000-100) for the Community Services office. PREVIOUS ACTION: None RECOMMENDATION: Staff recommends approval of the submission of the grant application and Resolution No. 04-244, authorization to accept the grant and authorization for the Chairman to sign all documents necessary to ezecute the application and accept the grant. COMMISSION ACTION: CONC ~ NCE: [~ APPROVED [ ]DENIED [ ]OTHER: '= Approved 5-0 D gl M. Anderson County Administrator Review and Approvals County Attorne}•: z ,o c h Management & Budget: z Purchasing: Originating Dept: z ~~~ Other: Other. _ Finance: Check for Copy only, if applicable Y RESOLUTION NO. 04-244 A RESOLUTION APPROVING THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS COMMUNITY SERVICES BLOCK GRANT ALLOCATION AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE APPLICATION AND AUTHORIZING THE FILING OF THE GRANT ALLOCATION WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. This Board is authorized to file the Florida Department of Community Affairs Community Services Block Grant Application with the Florida Department of Community Affairs. 2. The Community Services Block Grant uses eighty (80a)percent of Community Services Block Grant Funds and eighteen (180) percent in-kind and two(2o)percent match funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board hereby approves the Florida Department of Community Affairs Community Services Block Grant Application with the Florida Department of Community Affairs for the Federal Fiscal Year 2004/05. 2. This Board authorizes the Chairman of the Board of County Commissioners to execute the application on behalf of the St. Lucie County Board of County Commissioners and the Treasure Coast Community Action Agency with the Florida Department of Community Affairs in the total amount of Two Hundred Nine Thousand Five Hundred Thirteen dollars w r ($209,513) of Community Services Block Grant funds and the amount of Twenty Thousand One Hundred Seventy-Six and 20/100 Dollars ($20,176.20) in-kind match and Two Thousand Two Hundred Forty-One and 80/100 Dollars ($2,241.80) cash funds. 3. This Board authorizes Beth Ryder, Community Services Director, to sign any and all agreements, assurances, reimbursement invoices, warranties, and other documents which may be required in connection with the application. After motion and second the vote on this resolution was as follows: Chairman Paula A. Lewis XXX Vice Chairman John D. Bruhn XXX Commissioner Cliff Barnes XXX Commissioner Doug Coward XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this 17th day of August, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY A l l A~111,1L1, l A ' RECIPIENT INFORMATION FEDERAL FISCAL YEAR: 2004-2005 CONTRACT PERIOD: September 30.2004 to September 30, 2005 FOR DCA USE ONLY DATE RECEIVED: REVISION(S) RCVD: / /DCA CONSULTANT: I. RECIPIENT CATEGORY: ( )Non-Profit (X) Local Government ( )Tribal Government II. RECIPIENT FISCAL YEAR: From 10/01/2 004 to 09/30/2005 III. COUNTIES TO BE SERVED WITH THESE FUNDS: 1.St. Lucie 2. Martin 3. Okeechobee 4. 5• 6. 7 J 8 9. 10. IV. GENERAL ADMINISTRATIVE INFORMATION a. Name of Recipient: _St Lucie County Board of County Commissioners b. Address: 2300 Virginia Avenue City: Fort Pierce , FL Zip Code 34982 County: St. Lucie Telephone: (772) 462-1777 Fax: (772) 462-1703 E-Mail Address: beth~a co st-lucie.fl.us c. Mailing Address (if different from above): Address: 437 North 7`h Street City: Fort Pierce , FL Zip Code 34950 County: St. Lucie Telephone: (772) 462-1777 Fax: (772) 462.1703 E-Mail Address: beth~a cost-lucie.fl.us d. Chief Elected Official (for local governments) or President/ Chairman of Board (corporations): Name: Paula A. Lewis Title: Chairman - BOCC City: Fort Pierce , FL Zip Code 34982 County: St. Lucie Telephone: (772) 462-1406 Fax: (772) 462-2131 E-Mail Address: lewispSa~stlucieco.gov e. Official to Receive State Warrant: Name: Jane Eustice Title: -Accounts Payable/Grants Supervisor City: Fort Pierce , FL Zip Code 34982 County: St. Lucie Telephone: (772) 462-1492 Fax: (772) 462-1614 E-Mail Address: eustice~ic stlucieco.g_ov f. Contact Person: Name: Beth Ryder Title: Community Services Director City: Fort Pierce , FL Zip Code_ 34950 -County: St. Lucie Telephone: (772) 462-1777 Fax: (772) 462-1703 E-Mail Address: g. Name and title of person(s) authorized to sign fiscal reports: Name Beth Ryder Title Community Services Director Name Title f. Federal Identification Number: 59-6000835 V. SUB-RECIPIENT INFORMATION These funds will be transferred to one or more Sub-Recipients: Yes (X) No ( ) For each Sub-Recipient, attach a copy of Attachment H-2, Sub-Recipient Information. 22 r../ ATTACHMENT C-1 BUDGET SUMMARY REVENUE SOURCE PERCENT MATCH TOTAL NOTES: AMOUNT ~Oq 51 ~ -Round all figures up 1. CSBG Grant Funds to the nearest dollar. ~ 2. Cash Match ~ ~~ ~ 90 ~" l 90 - Provide a minimum 3. In-Kind Match 18 % 37 712 37,712 of: 2% - Cash Match 20 % 41 902 20% - Total Match 4. TOTAL MATCH (Line 2 + Line 3) , 251,415 not under match. - Do 5. TOTAL FUNDS (Line 1 + Line 4) ° 1.99 /° Cash Match is unacce table. CSBG FUNDED PROGRAMS ONLY (A) CSBG (B) CASH (C) IN-KIND (D) TOTAL EXPENSE CATEGORY FUNDS MATCH MATCH ADMINISTRATIVE EXPENSES 6. RECIPIENT EXPENSES 500 2,242 20,176 22,918 - - (Salaries + Fringe, Rent, Utilities, Travel, Other) - --------- ----------- ---------- ---------------- 7. SUB-RECIPIENT EXPENSES 17,536 17,536 (Salaries +Frin e, Rent, Utilities, Travel, Other) 8. TOTAL ADMINISTRATIVE EXPENSES 500 2,242 37,712 40,454 (Line 6 + Line 7) 9. ADMINISTRATIVE EXPENSE PERCENT 0.0024 % CANNOT EXCEED 1 S% OF CSBG Line 8 divided b Line 1) ALLOCATION GIVEN ON LINE 1. PROGRAM EXPENSES 10. RECIPIENT DIRECT CLIENT ASSISTANCE 64,498 64,498 EXPENSES ----- ---------- ----------- ---------- ---------------- ------------------------------------ 11. RECIPIENT OTHER PROGRAMEXPENSES 47,092 47,092 (Salaries +Frin e, Rent, Utilities, Travel, etc) 12. SUBTOTAL RECIPIENT PROGRAM EXPENSES 111,590 l 11,590 (Line 10 + Line 11) 13. SUB-RECIPIENT DIRECT CLIENT 97,423 1,948 99,371 ASSISTANCE EXPENSES --------------------------- ---------- ----------- ---------- ---------------- - - 14. SUB-RECIPIENT OTHER PROGRAM EXPENSES (Salaries + Fringe, Rent, Utilities, Travel, etc) l5. SUBTOTAL SUB-RECIPIENT PROGRAM 97,423 1,948 99,371 EXPENSES (Line 13 + Line 14) 16. TOTAL PROGRAM EXPENSE 209,013 1,948 251,415 (Line 12 + Line I S) 17. SECONDARY ADMINISTRATIVE EXPENSES .~« , 18. GRAND TOTAL EXPENSE: 219,513 4,190 37,712 251.41 (LINE 8 + LINE 16 + LINE 17) 23 CSBG ~r'' ATTACHMENT C-2 SUB-RECIPIENT INFORMATION (Complete this page for each sub-recipient) RECIPIENT: St. Lucie County Board of County Commissioners SUB-RECIPIENT INFORMATION: NAME OF ENTITY Martin County Board of County Commissioners MAILING ADDRESS: 38 East Ocean Boulevard Stuart ,FL ZIPCODE 34994 STREET ADDRESS (IF DIFFERENT): ,FL ZIPCODE CONTACT PERSON'S NAME AND TITLE: Anita Cocoves, Health & Human Services Administrator TELEPHONE: (772) 288-5785 FAX: (772) 288-5786 NOTE: The following line items (7, 13, 14 and 15) must correspond to Attachment C-1, Budget Summary. If there is more than one sub-recipient, it is the Recipient's responsibility to ensure that the total of all sub-recipient budgets add correctly. Expenditures must be detailed in Attachment C-3. CSBG FUNDED PROGRAMS ONLY (A) CSBG (B) CASH (C) IN-KIND (D) TOTAL EXPENSE CATEGORY FUNDS MATCH MATCH SUB-RECIPIENT ADMINISTRATIVE EXPENSES: 7. SUB-RECIPIENT EXPENSES 9,805 9,805 Salaries + Frin e, Rent, Utilities, Travel, Ofher SUB-RECIPIENT PROGRAM EXPENSES: 13. SUB-RECIPIENT DIRECT CLIENT ASSISTANCE 54,473 1,089 55,562 EXPENSES - ------------------------------------------ 14. SUB-RECIPIENT OTHER PROGRAM EXPENSES ----------- --------- ----------- ---------- Salaries + Frin e, Rent, Utilities, Travel, etc 15. SUBTOTAL SUB-RECIPIENT PROGRAM 54,473 1,089 9,805 55,562 EXPENSES Line 13 + Line 14) TOTAL EXPENSES: (Line 7 + Line 15) 54,473 1,089 9,805 65,367 The Recipient must have a written agreement with all subrecipients. The agreement must meet the requirements of section C (12) of this agreement. A copy of the unsigned agreement with the subrecipient must be forwarded to the Department for review and approval along with this agreement. See enclosed OMB Circular A-133.210, subrecipient and vendor determination. 24 ~r.r' ATTACHMENT C-3 BUDGET DETAIL Martin Countv Page _ of BUDGET GOAL, OUTCOME & EXPENDITURE DETAIL BUDGETED LINE ITEM INDICATOR Round up line item totals to dollars. EXPENDITURES NUMBER Do not use cents and decimals in totals. CSBG CASH IN-KIND FUNDS MATCH* MATCH* ADMINISTRATIVE EXPENSES 8 SUB-RECIPIENT EXPENSE Salazies Staff Assistant 363.70 hrs X $17/hr = $ 6, 183 6,183 Health & Human Services Administrator 42hrsX $31/hr=$1,302 1,302 Fringe Benefits FICA, FICA Mand, Retirement, Group Health Insurance/Admin Fee, Life Insurance, Worker's Compensation, Unemployment Compensation $7,485 X 31% _ $ 2,320 2,320 Match Source: Martin County BOCC Cash Match: Will be provided in a the form of a 2% share of all renUmortgage, utility payments/deposits as outlined below. I ,089 Match Source: Martin County BOCC TOTAL RECIPIENT EXPENSES 1,089 9,805 14 6.5 DIRECT CLIENT SERVICES Approximately 3 households @ approximately $450 X 2 months 2,700 Approximately 94 households @ approximately $500 (or less) 47,000 Approximately 16 households @ approximately $250 (or less) 4,000 Approximately 3 households @ approximately $257.66 (or less) 773 Total Direct Client Services 54,473 Totals 54,473 1,089 9,805 *EXPLAIN SOURCES OF CASH AND IN-KIND MATCH ~r.r+ CSBG ATTACHMENT C-2 SUB-RECIPIENT INFORMATION (Complete this page for each sub-recipient) RECIPIENT: St. Lucie Countv Board of Countv Commissioners SUB-RECIPIENT INFORMATION: NAME OF ENTITY Okeechobee Countv Board of Countv Commissioners MAILING ADDRESS: 1019 W. South Park Street Okeechobee ,FL ZIPCODE 34974 STREET ADDRESS (IF DIFFERENT): ,FL ZIPCODE CONTACT PERSON'S NAME AND TITLE: Sheila Savage, Program Manager- Okeechobee Senior Services TELEPHONE: (763) 462-5180 FAX: (763) 462-5184 NOTE: The following line items (7, 13, 14 and 15) must correspond to Attachment C-1, Budget Summary. If there is more than one sub-recipient, it is the Recipient's responsibility to ensure that the total of all sub-recipient budgets add correctly. Expenditures must be detailed in Attachment C-3. CSBG FUNDED PROGRAMS ONLY ('4) CSBG (B) CASH (C) IN-KIND (D) TOTAL EXPENSE CATEGORY FUNDS MATCH MATCH SUB-RECIPIENT ADMINISTRATIVE EXPENSES: 7. SUB-RECIPIENT EXPENSES 859 7,731 8,590 Salaries + Frin e, Rent, Utilities, Travel, Other SUB-RECIPIENT PROGRAM EXPENSES: 13. SUB-RECIPIENT DIRECT CLIENT ASSISTANCE 42,950 42,950 EXPENSES ----- -------------------------------------- 14. SUB-RECIPIENT OTHER PROGRAM EXPENSES ----------- --------- ----------- ---------- Salaries + Frin e, Rent, Utilities, Travel, etc 15. SUBTOTAL SUB-RECIPIENT PROGRAM 42,950 42,950 EXPENSES Line 13 + Line 14 TOTAL EXPENSES: (Line 7 + Line 15) 42,950 859 7,731 54,540 The Recipient must have a written agreement with all subrecipients. The agreement must meet the requirements of section C (12) of this agreement. A copy of the unsigned agreement with the subrecipient must be forwarded to the Department for review and approval along with this agreement. See enclosed OMB Circular A-133.210, subrecipient and vendor determination. 24 ATTACHMENT C-3 BUDGET DETAIL Okeechobee Countv Page _ of BUDGET GOAL, OUTCOME & EXPENDITURE DETAIL BUDGETED LINE ITEM INDICATOR Round up line item totals to dollars. EXPENDITURES NUMBER Do not use cents and decimals in totals. CSBG CASH IN-HIND FUNDS MATCH* MATCH* ADMINISTRATIVE EXPENSES Sub-Recipient Expenses Salaries: Bookkeeper 404.81 hours @ $13.71/hour 5,550 Fringe Benefits: FICA, Retirement, Insurance, Worker's Compensation and Unemployment Compensation ($5,550 X 39.3°/a = $2,181) 2,181 Total Salaries and Fringe Benefits: $7,731 Match Source: Okeechobee County BOCC Salaries: Case Manager Coordinator 41.66 @ $13.81/hour 617 Fringe Benefits: FICA, Retirement, Insurance, Worker's Compensation and Unemployment Compensation ($617 X 39.3% _ $242) 242 Total Salaries and Fringe Benefits: $859 Match Source: Okeechobee County BOCC Total Sub-Recipient Administrative Expenses 859 7,731 Direct Client Services Seniors Participate in Services that Suo~ort Active. 6,10-b Independent Living Approximately 3,067.85 units (hours) of Personal Care, Homemaking and Respite @ $14.00/unit 42,950 Sub Recipient Direct Client Assistance Totals 42,950 859 7,731 *EXPLAIN SOURCES OF CASH AND IN-KIND MATCH ,, Page _ of ATTACHMENT C-3 '"'~ BUDGET DETAIL St. Lucie County BUDGET GOAL, OUTCOME & EXPENDITURE DETAIL BUDGETED LINE ITEM INDICATOR Round up line item totals to dollars. EXPENDITURES NUMBER Do not use cents and decimals in totals. CSBG CASH IN-KIND FUNDS MATCH* MATCH* ADMINISTRATIVE EXPENSES 6 RECIPIENT EXPENSE Salaries Community Services Technician III 90%CSBG 1898 hrs X 18.94/hr = $ 35,948 35,948 Fringe Benefits FICA, FICA Mand, Retirement, Group Health Insurance/Admin Fee, Life Insurance, Worker's Compensation, Unemployment Compensation $35,948 X 31 % _ $ 11,144 11,144 Community Services Director 398.281 hrs X $38.67/hr = $15,402 15,402 Fringe Benefits FICA, FICA Mand, Retirement, Group Health Insurance/Admin Fee, Life Insurance, Worker's Compensation, Unemployment Compensation $15,402 X 31 % _ $ 4,774 Match Source: St. Lucie County BOCC 4,774 Utilities: 437 North 7th Street ~ $186.83/month 2,242 Match Source: St. Lucie County BOCC Travel: 500 6 Total Recipient Expenses 47,592 2,242 20,176 Program Expenses 10 Recipient Direct Client Assistance 1,8-d Approximately 25 clients x approximately $25 will 500 receive assistance with the GED fees 2,1-a Approximately 5 clients x approximately $25 X 4 500 months will receive bus passes for travel to employment 6,5-d,e Approximately 20 clients X approximately $499.90 will 9,998 avoid utility termination or avoid eviction 6,6-b Approximately 15 clients X approximately $666.66 will 10,000 receive "Meals on Wheels" 6 8-c Approximately 15 clients X approximately $500 will 7,500 , receive assistance with prescription medications 6,9-e Approximately 20 children X 180lmo X 10 months will 36,000 be enrolled in an after-school program RECIPIENT DIRECT CLIENT ASSISTANCE 64,498 TOTALS 112,090 2,242 20,176 *EXYLAIN SOURCES OF CASH AND IN-KIND MATCH o~I 4~ a CV v Q a c •~ ~~ c ~ v V ti V ~~ ao ~ m A. ti '~ 0 0 h g y W •V ~ ~ W ` 0 •~ W ~~ ~r ~ ? ~ •~ ~ ti [r •~ ,~ ti ~ o- ~o A ~ Q ti~ ~ ~ ~~ ~ ~ O A y rA V ~ ~~ v ~ ~~ W ~d ~ ~ v ~ ~ ti ~ ~ ~ e c 0 y Q C ~ d c c ~ 0 d ~ ~ ~ ~ h ~ ~ ~ Q cti W e"i '~ -• ~ ~ ::~ ` ~ A ~ o" w: ~ iNN .4. ~~~ V ~ `~ rO\ o o~+ '~ ° p~~ ~ ~ ~ Z a'~ ~ o~ Q ~• O N ~~O ti y ~ o ~" O ~ ~ ~ I ~ , A O~ ~' ~ ~ Wv ~~A O A ~~ '~ ti ~ ~ O '~ C.1 ~ W ~ ~, ~, ~ ~~ bs bs bs bs VV VO O O Q O ~ ' O~ A A d WV ~~ ~~ ti v ~ c ti V a ~~w z v~ ~o ~ ~ ~ ~ ~ ~i A O ~ •~ ~ W ~ ~ A ' p d O A ~~ ~ ~ ~ W ~ ~ c ~, 4 ~ ss bs bs ss V V V O ~ ~ ~ ~ oc ~ b ~~ h ~ ~ ~ ~ ~ ~ ~ O i C ry 'zi o~ ~ y y ~ + d d O ~ ... •3 ~ ~ v ~ ? d h ~~. a h ~ ~ .,.. ~ ~ 3j ~ u d y O ~y~, ~S "•~~ ti ~ Q VU ~ ~l ? ~ N ~ a! y ~ h ~~ ~ ~ O u V ~ ~ ~ ~ 01 ti .`~ N d w .~ Q h ,~ ~° ~ r r~ ~ '~ ~ ~ o ~ O f ~ o, ~ y o, ° .v ~ ~ •^~ e ~ ~ ti o ~ y y '~ V~v v ` v ~ ~ ti ~ ~ C~ ~ ~ t M ~ :~ d ~ yy ~ ~ ,~ ~ ~ c y v Er V ~o ~ a~ ~ ~ ~ ~ ~ ~ V ~ ~ V ~ ti ~ A ~ ~~ ~ hN. ~ r~°\n ~ Wy ti ~ ~ ti ~3 ~ Vj y 1~ ~ d ~" ti ~ ~ v Ir O V `.t ~ ~ ~ 0., 'zS C~ ~ ti N ~ ~''i h a t Ui yu~~ ~C •O CS l~ o op ~ O' o u ,~ n ~ 'n ~ ~ c ao U d V ~ O U ~ ~ y o u ~~ 0 ~ ti r ti ~~ ~ ~ ~ .~ ~, .~ O ~ ~ d d oyi o 'O?' ~ v ~,, g ;n c 0 3 v q' o~y O U ~ O c~ d O ti O •~ ti ~ ~ u ,~ V ~ •~ O ~ c, i v ti ~ '~ ~ °v c c of o ~ o m ~ r v o ZS C! C y ~ ~ 0 `ti ~' ~ h '~^_ y ~ yW ~i ~+ ~o ~ U ~ d O d R u ~ ~ ~ N T ~ ' ~ Revised: July 19, 20 Contract Number: 05S8-4N-12-00-01-027 CFDA#: 93.569 FEDERALLY-FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and Saint Lucie County Board of County Commissioners, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Department has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK The Recipient shall fully perform the obligations in accordance with the Scope of Work/Workplan, Attachment B of this Agreement. (2) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment D. (3) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties or October 1, 2004, and shall end September 30, 2005, unless terminated earlier in accordance with the provisions of paragraph (10) of this Agreement. 1 (4) MODIFIiON OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. See Attachment D, Program Statutes and Regulations for additional modification requirements. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on acost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the Department or its designee, Comptroller, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department or its designee, Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the ,five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. 2 (c) Theipient shall maintain all records, including supporting documen'~n of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Workplan, Attachment B and Budget, Attachment C and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors, subrecipients or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or anon-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year; the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through~the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal 3 awards expended sti be in accordance with the guidelines established by OMB Cirr A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in Paragraph 12 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A- 133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs (program office) 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB CircularA-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: 4 Federal Audit Clearinghouse ~-' Bureau of the Census `~ 1201 East 10`" Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Department at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs (program office) 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (i) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or 5 its designee, the Chinancial Officer, or Auditor General upon request for a period c~e years from the date the audit report is issued, unless extended in writing by the Department. (j) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall beheld liable forTeimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. (k) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of five years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five-year period, the records shall be retained until the litigation or audit findings have been resolved. (I) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Department no later than seven (7) months from the end of the Recipient's fiscal year. (7) REPORTS (a) At a minimum, the Recipient shall provide the Department with quarterly reports, and with a close-out report. (b) Quarterly reports are due to be received by the Department no later than 30 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 30, June 30, September 30 and December 31. (c) The close-out report is due 45 days after termination of this Agreement or upon completion of the activities contained in this Agreement. 6 (d) If all~ired reports and copies, prescribed above, are not sent to theartment or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in Paragraph (10) DEFAULT; REMEDIES; TERMINATION. "Acceptable to the Department" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide such additional program updates or information as may be required by the Department. (f) The Recipient shall provide additional reports and information as identified in Attachment E. (8) MONITORING The Recipient shall monitor its performance under this Agreement to ensure that time schedules are met, the Scope of Work/V1lorkplan and Budget is accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such review shall be made for each function or.activity set forth in Attachment B to this Agreement. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above ), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate wifh any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. 7 ~r.rr` (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall hold the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. X10) DEFAULT' REMEDIES; TERMINATION (a) If any of the following events occur ("Events of Default"), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 8 ` "f any material adverse change shall occur in the financial cond~of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; 4. If the Recipient has failed to perform and complete in timely fashion any of the services required under the Scope of Work/Workplan attached hereto as Attachment B. 5. If any of the events described in subparagraphs (d) through (f) of this paragraph (10) have occurred. (b) Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise any one or more of the following remedies, either concurrently or consecutively. The pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Contractor shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Contractor. . 1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (11) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; 9 4. Exercise any corrective or remedial actions, to include but re limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non- compliance or lack of performance; 5. Issue a written notice of noncompliance to advise that more serious measures may be taken if the situation is not corrected; 6. Advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question; 7. Require the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; 8. Require that the Recipient return to the Department any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program. 9. Exercise any other rights or remedies which may be otherwise available under law, including but not limited to those set forth in subparagraphs (d) through (f) of this paragraph (10); (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (d) The Department may terminate this Agreement when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. (e) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. 10 (f) V~n this Agreement is terminated, the Recipient will not incur newations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. (11) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Department contract manager for this Agreement is: Ken Reecy, Community Program Manager Division of Housing and Community Development Community Assistance Section Telephone: (850) 488-7541 Fax: (850) 488-2488 Email: ken.reecy@dca.state.fl.us (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Beth Ryder, Community Services Director 4~7 Nnrrh 7th S Fort Pierce, FL 34950 Telephone: ~~~_i.~~_, ~~~ Fax: '~~~-~-~~-~7Ag Email: 1,orf,lrl..., ~,-_,,,~;e,fl.us (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (11)(a) above. (12} SUBRECIPIENTS/SUBCONTRACTORS If the Recipient subcontracts any or all of the work required under this Agreement to a subrecipient (as that term is defined in OMB Circular A-133, Section 2.0), a copy of the unsigned 11 agreement with the ecipient must be forwarded to the Department for review and 2val prior to execution of the subrecipient agreement by the Recipient. Subcontracts with vendors do not have to be submitted to the Department of approval; but must be available for review during on-site visits or when requested by the Department. The Recipient agrees to include in the subrecipient agreement and all subcontracts with vendors that (i) the vendor or subrecipient is bound by the terms of this Agreement to the extent applicable to the subcontract, or subrecipient agreement, (ii) the vendor or subrecipient is bound by all applicable state and federal laws and regulations, and (iii) the vendor or subrecipient shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the vendor or subrecipient's performance of work under this Agreement, to the extent allowed and required by law. (13) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (14) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such. conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 -Funding Sources Attachment A -Recipient Information Attachment B -Scope of Work/Workplan Attachment C - Budget Attachment D -Program Statutes and Regulations Attachment E - Reports Attachment F - Property Management and Procurement Attachment G - Statement of Assurances Attachment H -Special Conditions 12 Attachment' Certification Regarding Debarment, Suspension, Ineligibility anc~ Voluntary Exclusion Attachment J -Warranties and Representations Attachment K -Justification of Advance Payment (15) FUNDING/CONSIDERATION (a) This is acost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $209,513, subject to the availability of funds and appropriate budget authority. The Recipient is authorized to incur costs in an amount not to exceed $104,469 until further notification is received by the Department. As funds and budget authority are available, changes to the costs the Recipient may incur will be accomplished by notice from the Department to the Recipient, in the form of certified mail, return receipt requested, to the Recipient's contact person identified in Attachment A, Recipient Information. The terms of the Agreement shall be considered to have been modified to allow the Recipient to incur additional costs upon the Recipient's receipt of the written notice from the Department. (b) Any advance payment under this Agreement is subject to Section 216.181(16),FIa.Stat., and is contingent upon the Recipient's acceptance of the rights of the Department under Paragraph (10)(e) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment K. Attachment K will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Scope of Work/Workplan, Attachment B and Budget, Attachment C this Agreement. 13 ~- ~~ ' If the neces~ funds are not available to fund this Agreement as a result of acby Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, all obligations on the part of the Department to make any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the Department. (16) REPAYMENTS All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (17) VENDOR PAYMENTS Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. (18) STANDARD CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any 14 subsequent submiss~ ~r response to Department request, or in any submission or res~ se to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) Any powerof approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, subrecipient, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. 15 (g) f~itity or affiliate who has been placed on the discriminatory ven t may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, subrecipient, or consultant under contract with any public entity, and may not transact business with any public entity. (h) With respect to any Recipient which is not a local govemment or state agency, and which receives funds under this Agreement from the federal govemment, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within alive-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 18(h)2. of this certification; and 4. have not within afive-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall submit to the Department (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment I) for each prospective subcontractor or subrecipient which Recipient intends to fund under 16 this"Agreement. Sur' "arm must be received by the Department prior to the Recipient F .ring into contract with any prospective subcontractor. (i) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. I ' (j) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (k) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (I) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (m) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (n) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")J. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (19) LOBBYING PROHIBITION (a) No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. 17 (b) her knowledge and belief: Recipient certifies, by its signature to this Agreement, that to th Est of his or 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 18 (20) COPY'yT. PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS-AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement apre-existing patentor copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides othenNise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (21) LEGAL AUTHORIZATION The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants 19 ? ~an~ assurances cored herein. The Recipient also certifies that the undersigned pc uses the authority to legally execute and bind Recipient to the terms of this Agreement. (22) ASSURANCES The Recipient shall comply with any Statement of Assurances incorporated as Attachment G. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. RECIPIENT: St. Lucie County Board of County Commissioners BY: Paula A. Lewis Chairman (Type Name and Title) Date: Angv G ~ 7 ~ 004 59-6000835 Federal Identification Number STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Janice Browning, Director Division of Housing and Community Development Date: 20 AGENDA REQUEST ~_ ,~ 4 ~ ~ raY~~S ITEM NO: 3B DATE: ~ • ~ ~ , 2004 Regular [ ] Pu61ic Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Community Services Jody Bonet, Transit Manager SUBJECT: Authorize the Chair of the Board of County Commissioners to sign Amendment No. One to the Urban Transit Grant Joint Participation Agreement -Contract No. AN992. BACKGROUND: The original Urban Transit grant application and agreement earmarked the $470,140 toward transit buses and infrastructure. After the submittal of the grant, staff realized that buses could be purchased with only a 10% match from other grants instead of the 50% match required with this grant. Thus, this amendment is to remove the purchase of buses and add the Walton Road Annex project, the purchase of land for the future Ft. Pierce transfer facility project, and purchase of shelters and benches. FUNDS AVAIL: The 50% grant match for the projects referenced include funds from the Walton Road County Annex project, funds allocated for benches approved at the July 13, 2004 BOCC meeting, and funds from the City of Ft. Pierce Community Redevelopment Agency. PREVIOUS ACTION: On February 4, 2003, the Board approved staff to apply for Urban Transit funds for buses and transit infrastructure. On June 10, 2003, the Board approved signing the Joint Participation Agreement for the Urban Transit grant. RECOMMENDATION: Staff recommends that the BOCC Authorize the Chair of the Board of County Commissioners to sign Amendment No. One to the Urban Transit Grant Joint Participation Agreement - Contract No. AN992.. COMMISSION ACTION: [~ APPROVED [ ]DENIED [ ]OTHER Approved S-0 County Attorne : x ~~~~ Y Originating Department: x Coordination/Signatures Mznasement dt Eudget x Other: rurchasing: x Other: Finance: x Check for copy only, if applicable '~/ ,, State FM No: 414946-1-94-01 FEID No: VF596000835079 Contract No: AN992 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT AMENDMENT NO.ONE THIS AMENDMENT, made and entered into this day of , 20_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and the St. Lucie County Board of County Commissioners with offices located at 2300 Virginia Avenue Ft. Pierce FL 34982, hereinafter called the BCC. WITNESSETH WHEREAS, on July 14, 2003, the parties entered into a Joint Participation Agreement, hereinafter referred to as AGREEMENT, wherein the DEPARTMENT agreed to provide funding towards certain improvements, described as follows and hereinafter referred to as the PROJECT: To provide funding assistance to St. Lucie County for up to 50% of the cost to purchase transit buses and to purchase and install transit infrastructure; and, WHEREAS, the parties hereto have determined a need to amend the Agreement to: The purchase of transit infrastructure, including bus benches and shelters, R/W purchase and transit improvements at both the Walton Road and Ft. Pierce facilities; and, WHEREAS, the parties hereto mutually agree that this Amendment is in their best interest; NOW, THEREFORE, in consideration of the mutual covenenants, promises, and representations herein, the parties agree to amend that certain Joint Participation Agreement dated July 14, 2003, as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. Exhibits A and B are hereby amended to reflect the changes to the description of the Agreement to the purchase of transit infrastructure, including bus benches and shelters, R/W purchase and transit improvements at both the Walton Road and Ft. Pierce facilities. All provisions, covenants, terms and conditions of the AGREEMENT between the parties theretofore entered into under the date of July 14, 2003, as originally set forth therein, which have not been previously amended, and which are not herby expressly ~1Nr/ amended or modified and not in conflict with the terms hereof, are hereby ratified and confirmed and shall remain the same and be unaffected by these presents. IN WITNESS WHEREOF, this AMENDMENT has been executed on the date first above written, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By: Chairperson ATTEST: SEAL APPROVED: (As to form) BY: Attorney's Office STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Director of Transportation Development APPROVED: (As to Form) District General Counsel District Four Page 1 of 1 Missy Stiadle -PULLED AGENDA ITEM From: Missy Stiadle To: Agenda Date: 8/17/2004 3:12 PM Subject: PULLED AGENDA ITEM Jody Bonet just called from Communtiy Services and needs to pull agenda item C3C. She stated that there is no support for this project from COC. file://C:\Documents%20and%20Settings\Administrator\Local%20Settings\Temp\GW } 000... 8/ 17/2004 t~~~ AGENDA REQUEST ITEM NO: 3C /~ DATE: ~r',17- 2004 J~ran~S Regular [ ] Public Hearing ( ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services PRESENTED BY: Jody Bonet, Transit Manager SUBJECT: Authorize the Chair of the Board of County Commissioners to sign the required application forms and staff to submit an Emergency Shelter grant to the Department of Children and Families Office on Homelessness for funds to assist with renovations of a transitional shelter for homeless women and children. BACKGROUND: The Department of Children and Families Office of Homelessness has $2,611,224 available statewide to assist with renovation of emergency and transitional shelters or to assist with prevention of homelessness. The Department's target population is to assist families or single parents and their children. The goal of the grant application is to assist a local shelter for women and their children by obtaining funds to renovate the facility so it may used as a transitional shelter. This non-profit organization will help the mothers get back to work and save funds from their job to become self sufficient within six months of being in this transitional shelter facility. The shelter will provide the required 50% match and handle the reporting to the State. The County will be the applicant and can receive 2.5% of the $100,000 grant to assist in administration costs. FUNDS AVAIL: The 50% grant match will come from the non-profit organization in the form of case management along with funds from United Way and other sources. PREVIOUS ACTION: There has been no previous action for this project. RECOMMENDATION: Staff recommends that the BOCC authorize the Chair of the Board of County Commissioners to sign the required application forms and staff to submit an Emergency Shelter grant to the Department of Children and Families Office on Homelessness for funds to assist with renovations of a transitional shelter for homeless women and children. COMMISSION ACTION: [ ]APPROVED [ ]DENIED [xJ OTHER Pulled prior to meeting. County Attorney: x V ~, Originating Department: x CONCU CE: Do la M Anderson Coordination/Signatures Management & Budget x~~~ '~-f-~~ Purchasing: x Other: Other: Finance: x Check for copy only, if applicable '~1r-° REQUEST FOR PROPOSAL SECTION 1: INTRODUCTION 1. 1. STATEMENT OF NEED Homelessness is a national issue, which effects thousands of Americans each year. In 1987, the United States Congress enacting the Stewart B. McKinney Homeless Assistance Act, an omnibus piece of legislation authorizing substantial federal expenditures on behalf of the homeless. One of the initiatives created by the McKinney Act is the Federal Emergency Shelter Grants (ESG) Program for the homeless, which is operated by the Department of Housing and Urban Development (HUD). The ESG program is part of a continuum of care model based on the understanding that homelessness is not caused by simply a lack of shelter, and involves a comprehensive approach to prevention and elimination of homelessness. As a result of the ESG funds awarded to the State of Florida in 2004, a total of $2,611,224 will be available for grant awards. This represents 95 percent of the total allocation to the state. The remaining five percent will be used by the state and/or local governments for program administration. A maximum of $824,597 will be set-aside for applicants who wish to use the funds for providing homeless prevention activities. The balance of the grant awards, $1,786,627, will be allocated to first to those housing facility applicants whose facilities are located in non-entitlement jurisdictions (those jurisdictions that do not receive direct allocations of Federal ESG funds from HUD). Only if the awards to these non-entitled area applications fail to fully obligate the grant award, will consideration be given to applications from entitlement jurisdictions. Grant applications shall fall under one of the following two categories: Prevention applications and Facility applications. Prevention applications shall include activities as defined in section 4.1 of this Request for Proposals (RFP). Applicants applying for prevention funds may apply for the ~- maximum grant amount of $150,000. Facility applications are for rehabilitation; including renovation, major rehabilitation, and conversion, and/or operating expenses to maintain facility services. Facility applications may include the cost of providing essential support services to shelter residents. However, essential support services are limited to 30 percent of the entire grant. Facility applicants requesting funds where rehabilitation costs exceed $75,000 and the rehabilitation results in an increase in the number of shelter beds, may apply for the maximum grant amount of $150,000. In order to receive the maximum facility application funding of - $150,000, the successful facility applicant must meet both criteria of costs in excess of $75,000 and an increase in beds. Facility applicants requesting funds where rehabilitation costs are less than $75,000 and/or no new beds will be created, are limited to a maximum grant amount of $100,000. Facility applicants requesting funds for essential support services and/or operating costs where no rehabilitation is involved, are also limited to a maximum grant amount of $100,000. 1.2. STATEMENT OF PURPOSE The purpose of the Federal ESG Program is to help improve the quality of emergency shelters and transitional facilities for homeless persons, to help make available additional emergency shelters, to help cover the costs of operating emergency shelters, and to provide essential supportive services to homeless individuals so that they have access not only to safe and sanitary shelter, but also to the services and other types of assistance they may need to improve their situations. In addition, the ESG Program is used to fund innovative activities to prevent homelessness. SECTION 3: MINIMUM PROGRAMMATIC REQUIREMENTS 3.1. GENERAL STATEMENT Successful vendors may receive funds to help improve the quality of emergency shelters and transitional facilities for homeless persons, to help make available additional emergency shelters, to help cover the costs of operating emergency shelters, and to provide essential supportive services to homeless individuals. In addition, funds may also be used to support a variety of activities to prevent homelessness. 3.2. AUTHORITY 3.2.1 This RFP is issued and all activities related to the conduct of this RFP pursuant to Chapter 287, Part I, Florida Statutes, and Title 24, CFR, Part 576, Emergency Shelter Grants Program: Stewart B. McKinney Homeless Assistance Act. 3.2.2 The successful vendor must comply with all applicable federal laws, regulations, circulars, transmittals, program instructions, review guides and similar documentation specified and referenced in 24 CFR Part 576, federal regulations governing the Federal ESG Program (please see HUD web site to view and/or print regulation at: http//www, hud.gov/olffices/cpd/home less/rulesandregs/regulations/576esg/index.cfm ). 3.3. SCOPE OF SERVICE The ESG Program services will be provided throughout the State of Florida, without regard to service areas, during service times specific to a successful vendor's service facility or prescribed hours for provision of prevention services, and as specified in a successful vendor's resulting contract. 3.4. MAJOR PROGRAM GOALS Major goals include improving the quality of emergency shelters and transitional facilities for homeless persons, making available additional emergency shelters, helping to cover the costs of operating emergency shelters, and providing essential supportive services and prevention services to individuals who are homeless or at risk of homelessness. Priority is placed on making available emergency shelter beds house families intact so that spouses, or parents and their children will not be separa a .Priority is also placed on making available shelter beds for families with or without children, and youth exiting state/institutional care. Additionally, emphasis is placed on using integrated case management to coordinate prevention services to keep clients housed. 3.5. CLIENT GENERAL DESCRIPTION This RFP is to serve homeless persons and persons at risk of homelessness in the State of Florida. 3.6. CLIENT ELIGIBILITY In accordance with 24 CFR 576, the ESG Program serves a variety of homeless persons and families, with no restrictions or further targeting. The ESG also serves persons at risk of losing their permanent housing and becoming homeless. 12 `~ APPFNI~IX 5 -tUl'USAL TO: nie Hazleton Department of Children and Families 2, Room 103C 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Telephone Number: ( ) 922-9760 STATE OF FLORIDA REQUEST FOR PROPOSAL CONTRACTUAL SERVICES Bidder Acknowledgment Page 1 of PROPOSALS WILL BE OPENED JUIy 2004 PROPOSAL NO. pages and may not be withdrawn within 3 days after such date and time. ~Y MAILING DATE: PROPOSAL TITLE: Federal Emergency Shelter Grant for the Homeless STATE PURCHASING SUBSYSTEM (SPURS) VENDOR NUMBER VENDOR NAME _ St. Lucie Count BO VENDOR MAILING ADDRESS 2300 Virginia Ave F CITY -STATE -ZIP AREA CODE I certify that this Proposal is made without poor understanding, agreement, or connection with anycorporation frm, or person submitting a proposal for the same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Proposal and certify that 1 am authorized to sign this Proposal for the Proposerand that the Proposeris in compliance with all requirements of the Request for Proposal including but not limited to, certification requirements. In submitting a Proposal to an agency for the State of Florida, the Proposer of/ers and agrees that if the Proposal is accepted, the Proposer will convey, sell, assign or (rooster to the State of Florida all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti-!rust laws o/ the United States and the State of Florida (or price fixing relating to the particular commodities or services purchased oracquired by the State of Florida. Al the State's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the Proposer. REASON FOR NO PROPOSAL Bid tabulations with recommended awards will be posted for review by interested parties at the location where bids were opened and will remain posted for a period of 72 hours. Failure to fle a protest within the time prescribed in Section 120.57(3), or failure to post the bond or other secudty required bylaw within the time allowed forfling a bond shall constitute a waiverof proceedings under Chapter 120, Florida Statutes. Posting will be on or about: AUTHORIZED SIGNATURE (MANUAL) Paula Lewis, Chair BOCC AUTHORIZED SIGNATURE (TYPED) TITLE GENERAL CONDITIONS SEALED PROPOSALS: All proposal sheets and this original acknowledgment form must be executed and submitted in a sealed envelope. (DO NOT INCLUDE MORE THAN ONE PROPOSAL PER ENVELOPE.) The face of the envelope shall contain, in addition to the above address, the date and time of the proposal opening and the proposal number. Proposal prices not submitted on attached proposal price sheets when required shall be rejected. All proposals are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. 7. EXECUTION OF PROPOSAL: Proposal mustcentainamanualsignatureofauthodzed representative in the space provided above. Proposal must be typed or printed in ink. Use of erasable ink is not permitted. All corrections made by proposer to his proposal price must be initialed. The company name and SPURS vendor number shall appear on each page of the bid as required. Complete ordering instructions must be submitted with the proposal. If you are not a registered vendor with the Department of Management Services, contact State Purchasing, 4050 Esplanade Way, Suite 360, Tallahassee, FL 32399-0950, (850) 487-4634 immediately. 2. NO PROPOSAL SUBMITTED: If not submitting a proposal, respond by returning only this proposer acknowledgment form, marking it "NO PROPOSAL" and explain the reason in the space provided above. Failure to respond to a procurement solicitation without giving justifiable reason for such failure, non-conformance to contract conditions, or other pertinent factors deemed reasonable and valid shall be cause for removal of the supplier's name from the proposal mailing list. NOTE: To qualify as a respondent, proposer must submit a "NO PROPOSAL", and it must be received no later than the stated proposal opening date and hour. 3. PROPOSAL OPENING: Shall be public, on the date, location and the time specified on the acknowledgment form. It is the proposer's responsibility to assure that his proposal is delivered at the proper time and place of the proposal opening. Proposals which for any reason are not so delivered, will not be considered. Offers by telegram or telephone are not acceptable. A proposal may not be altered after opening of price proposals. NOTE: Proposal tabulations will 6e furnished upon written request with an enclosed, self addressed, stamped envelope and payment of a predetermined fee. Proposal f les may be examined during normal working hours by appointment. Proposal tabulations will not be provided by telephone. 4. PRICES, TERMS AND PAYMENT: Firm pdces shall be proposed and include all services rendered to the purchaser. (8~ TAXES: The State of Florida does not pay Federal Excise and Sales taxes on direct purchases of services. See tax exemption number on face of purchase order. This exemption does not apply to purchases of services in the performance of cenUacts for the improvement of state-owned real properly as defined in Chapter 192, F. S. (b) DISCOUNTS: Cash discounts for prompt payment shall not be considered in determining the lowest net cost for proposal evaluation purposes. (C) MISTAKES: Proposers are expectedto examine the conditions, scope of work, proposal prices, extensions, and all instructions pertaining to the services involved. Failure to do so will be at the proposers risk. Unit prices bid will govern in award. (d) INVOICING AND PAYMENT: The contractor shall be paid upon submission of properly certified invoices to the purchaser at the prices stipulated on the contract at the time the order is placed, after delivery and acceptance of goods, less deductions if any, as provided. Invoices shall contain the contract number, purchase order number and the contractor's SPURS vendor number. An original and three (3) copies of the invoice shall be submitted.The final payment shall not be made until after the contract is complete unless the State has agreed otherwise. Invoices for fees or other compensation for services or expenses submitted in accordance with the rates at or below those specified in Sections 112.061 and 287.058, F.S.INTEREST PENALTIES: Payment shall be made in accordance with Section 215.422, F.S., which states the contractor's rights and the State agency's responsibilities concerning interest penalties and time limits for payment of invoices. VENDOR RESPONSE SYSTEM: To access an interactive Voice Response System for vendor payment inquiry, Vendors may call (850) 413-7269 between 7 a.m. and 6 p.m. Monday through Friday to check on the status of payments by State agencies. The system can accommodate English and Spanish speaking callers. VENDOR OMBUDSMAN: Vendors providing goods and services to an agency should be aware of the fallowing lime frames. Upon receipt, an agency has f ve (5) working days b inspect and approve the goods and services, unless the bid specifcalions, purchase order or conVact specifies otherwise. An agency has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods and services are received, inspected and approved. If a payment is not available within 40 days, a separate interest penalty set by the Comptroller pursuant to Section 55.03 F.S., will be due and payable, in addition to the invoice amount, to the vendor. To obtain the applicable interest rate, contact the agency purchasing office. The interest penalty provision applies after a 35 day time pedod to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the vendor requests payment. Invoices which have to be returned to a vendor because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the agency. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate of vendors who may be experiencing problems in obtaining timely payment(s) from a State agency. The Vendor Ombudsman may be contacted a (850) 488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. Slate Purchasing shall review the conditions and circumstances surrounding non-payment, and unless there is a bona fde dispute, Stale Purchasing may, in writing, authorize the wntract supplier to reject and return purchase orders from said agency until such time as the agency complies with the provisions of Section 215.422, F.S. (e) ANNUAL APPROPRIATIONS: The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. CONFLICT OF INTEREST: The award hereunder is subject to the provisions of Chapter 112, F.S. Proposers must disclose with their proposal the name of any ot'fcer, director, or agent who is also an employee of the State of Florida, or any of its agencies. Further, all proposers must disclose the name of any Slate employee who owns, directly or indirectlK an interest of five (5 %) or more in the proposer's frm or any of its branches. In accordance with Chapter 287, F.S., no person or frm receiving a contract that has not been procured pursuant to Section 287,057(2) or (3), F 5., to perform a feasibility study of the potential implementation of a subsequent contract, participating in the drafting of a request for proposals, or developing a program for future implementation shall be eligible to contract with the agency for any contracts dealing with that specific subject matter; and proposers must disclose with their proposal any such conflict of interest. PUR 7033 Rev. 6/1/98 40 fir/ 6. AWARDS: As the best interest of the Stale may require, the right is reserved to reject any and all proposals or waive any minor irregularity or technicality in proposals received. Proposers are cautioned to make no assumptions unless their proposal has been evaluated as being responsive. All awards made as a result of this proposal shall conform to appliable Florida Statutes 7. INTERPRETATIONS/DISPUTES: Any questions concerning conditions and specifications shall be directed in writing to this office for receipt no later than ten (10) days prior to the bid opening. Inquiries must reference the date of bid opening and bid number. No interpretation shall be considered binding unless provided in writing by the State of Florida in response to requests in full compliance with this provision. Any person who is adversely affected by a State Purchasing decision or intended decision concerning a procurement solicitation or contract award and who wants to protest such derision or intended decision shall file a protest in compliance with Chapter 26-110, Florida Administrative Code. Failure to file a protest within the time prescribed in Section 120.57(3), F.S. orfailure to post the bond other security required by law within the time allowed forfiling a bond shall constitute a waiver of proceedings under Chapter 120, F.S. 8. NOTICE OF BID PROTEST BONDING REQUIREMENT: Any person who files an action protesting a decision or intended decision pertaining to contracts administered by State Purchasing or a State agency pursuant to Section 120.57(3), F. S., shall post with State Purchasing or the State agency at the time of filing the formal written protest, or within the 10 day period allowed for filing the formal written protest, a bond payable to the State Purchasing or the State agency in an amount equal to 1 percent of State Purchasing or State agency s estimate of the total volume of the contractor $5,000, whichever is less, which bond shall be conditioned upon the payment of all costs which may be adjudged against him in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. For protest of decisions or intended decisions of State Purchasing pertaining to agencies' requests for approval of exceptional purchases, the bond shall be in the amount equal to 1 percent of the requesting agency's estimate of the contract amount for the exceptional purchase requested or $5,000, whichever is less. In lieu of a bond State Purchasing or the Stale agency may, in either case, accept a cashier's check or money order in the amount of the bond. FAILURE TO FILE THE PROPER BOND AT THE REQUIRED TIME WILL RESULT IN A DENIAL OF THE PROTEST. 9. GOVERNMENTAL RESTRICTIONS:Intheeventanygovemmentatrestrictions may be imposed which would necessitate alteration of the material quality of the services offered on this proposal to their completion, it shall 6e the responsibility of the successful proposer to notify the purchaser at once, indicating in his letter the speck regulation which required an alteration, including any price adjustments occasioned thereby, or to cancel the contrail at no further expense to the State. 10. DEFAULT: Failure to perform according to this proposal and/or resulting contract shall be cause for yourfirm to be found in default in which event any and all reprocurement costs may be charged against your firm. Any violations of these stipulations may also result in: a) Contractor's name being removed from State Purchasing vendor mailing list. b) all Slate agencies being advised not to do business with the contractor without written approval of State Purchasing. 11. LEGAL REQUIREMENTS: Applicable provisions of all Federal, State, county and local laws, and of all ordinances, rules, and regulations shall govern development, submittal and evaluation of all proposals received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting a proposal response hereto and the State of Florida, by and through its officers, employees and authorized representatives, or any person, natural or otherwise: and lack of knowledge by any proposer shall not constitute a cognizable defense against the legal effect thereof. 12. ADVERTISING: In submitting a proposal, proposer agrees not to use the results therefrom as a part of any commercial advertising. 13. A$$IGNMENT: Any Purchase Order issued pursuant to this request for proposal and the monies which may become due hereunder are not assignable except with the prior written approval purchaser. 14. LIABILITY: On any contract resulting from this proposal the proposer shall hold and save the State of Florida, its officers, agents, and employees harmless against claims by third parties resulting from the contractor's breach of this contract or the contractor's negligence. This requirement does not apply to contracts between governmental agencies. 15. FACILITIES: Tha State reserves the right to inspect the proposer's facility at any time with prior notice. 16. CANCELLATION: The State shall have the right of Unilaterel cancellation for refusal by the contractor to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the contractor in conjunction with the contract. 17. PUBLIC RECORDS: Any material submitted in response to this Request for Proposal will become a public document pursuant to Section 119.07, F.S. This includes material which the responding proposer might consider to be confidential or a trade secret. Any claim of confidentiality is waived upon submission, defective after opening pursuant to Section 119.07,FS. NOTE: ANYANDALL SPECIAL CONDITIONSAND SPECIFICATIONSATTACHED HERETO WHICH VARY FROM THESE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. THIS SHEET AND THE ACCOMPANYING BID CONSTITUTE AN OFFER FROM THE BIDDER. IF ANY OR ALL PARTS OF THE BID ARE ACCEPTED BY THE STATE OF FLORIDA , AN AUTHORIZED REPRESENTATIVE OF THE AGENCY SHALL AFFIX HIS SIGNATURE HERETO, AND THIS SHALL THEN CONSTITUTE THE WRITTEN AGREEMENT BETWEEN PARTIES. THE CONDITIONS OF THIS FORM BECOME A PART OF THE WRITTEN AGREEMENT BETWEEN THE PARTIES. STATE OF FLORIDA, DEPARTMENT OF: CI11IdP@fl 8fid Family SeYVIC2S BY: Contract Number Authorized Agency Signature ' Effective 49 PUR 7033 Rev. 6/1/98 APPENDIX 6 STATEMENT OF COMPLIANCE I, hereby certify that the OFFEROR agrees to comply with the terms and conditions in the Request For Proposals and in the department's standard contract. SIGNATURE OF AUTHORIZED OFFICIAL Paula Lewis, Chair NAME St. Lucie County Board of County Commissioners AGENCY DATE 50 a ~r/' APPENDIX 7 STATEMENT OF NO INVOLVEMENT 1, Paula TaT.,ic_ ('hair of St Tnria ('nnnt3~ Rnarr~ of ('niint~ ('nmmiScjnnarS , [NAME & TITLE] as an authorized representative of St. Lucie County Board of County Commissioners [PERSON] certify that no member of this firm nor any having interest in this first has been awarded a contract by the Department of Children and Families on a noncompetitive basis to: 1. Develop this Request for Proposals; 2. Perform a feasibility study concerning the scope of work contained in this RFP; or 3. Develop a program similar to what is contained in the RFP. Paula Lewis, Chair [AUTHORIZED REPRESENTATIVE] [SIGNATURE] [DATE] 51 ~` APPENDIX 10 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, signed February 18, 1986. The guidelines were published in the May 29, 1987, Federal Register (52 Fed.Reg., pages 20360-20369). INSTRUCTIONS 1. Each provider whose contract/subcontractequals orexceeds $25,000 in federal monies must sign this certification prior to execution of each contract/subcontract. Additionally, providers who audit federal programs must also sign, regardless of the contract amount. Children & Families cannot contract with these types of providers if they are debarred or suspended by the federal government. 2. This certification is a material representation of fact upon which reliance is placed when this contract/ subcontract is entered into. If it is later determined that the signer knowingly rendered an erroneous certification, the Federal Government may pursue available remedies, including suspension and/or debarment. 3. The provider shall provide immediate written notice to the contract manager at any time the provider learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "debarred," "suspended," "ineligible," "person," "principal," and "voluntarily excluded," as used in this certification, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the contract manager for assistance in obtaining a copy of those regulations. 5. The provider agrees by submitting this certification that it shall not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this contract/subcontractuntess authorized by the Federal Government. 6. The provider further agrees by submitting this certification that it will require each subcontractor of this contract/subcontract, whose payment will equal or exceed $25,000 in federal monies, to submit a signed copy of this certification. 7. The Department of Children and Families may rely upon a certification of a provider that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless it knows that the certification is erroneous. 8. This signed certification must be kept in the contract manager's contract file. Subcontractor's certifications must be kept at the contractor's business location. 56 ~-" CERTIFICATION 1. The prospective provider certifies, by signing this certification, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this contract/subcontract by any federal department or agency. 2. Where the prospective provider is unable to certify to any of the statements in this certification, such prospective provider shall attach an explanation to this certification. BY: -~a~~a Lewis [NAME OF AUTHORIZED INDIVIDUAL] [DATE] [SIGNATURE] _Chair. St. Luc~P o ntv BOAC [TITLE] 57 ~n' APPENDIX 11 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, & COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an ofFcer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. BY: Paula Lewis [NAME OF AUTHORIZED INDIVIDUAL] [DATE] [SIGNATURE] [APPLICATION OR CONTRACT NUMBER] St. Lucie County BOCC [NAME OF ORGANIZATION] 2300 Virginia Ave. [ADDRESS OF ORGANIZATION] Ft. Pierce, F1 34982 [CITY, STATE, ZIP CODE] 58 ~Illr' APPENDIX 12 CERTIFICATION OF LOCAL GOVERNMENT APPROVAL FOR NONPROFIT ORGANIZATIONS 1, Pan 1 a T.a ~i c ~ Chair ~ [NAME & TITLE] duly authorized to act on behalf of the St . Lucie County Board of County Commissioners [NAME OF CITY OR COUNTY] hereby approve the following project(s): safespace, Inc. -Facility Application [NAME OF AGENCY] which is (are) to be located in st. Lucie county [NAME OF CITY OR COUNTY] BY: Paula Lewis Chair, BOCC [NAME] [TITLE] [SIGNATURE] [DATE] 59 a •~ C V ~I ~ 'fl u ~." ... O ,~ ..A ~ O '~ 'C .~V. ~ T~ GC ~/1 ~ a~ ~D c •~ °? rCC~ ~ .~ V 1 C/~ M M ~fl N ~ M N ~ ~' O ~ GCl ~ ~ C!' --~ r-1 ~ ~~~~ V1 N ~ N 00 ~ Lei N N N N ~ i r` [~ [~ [~ ~ n ~ M ~ ~ a O 0 N X ~4 ~ ^ O ~ ~ ~ ~ ~ U ~. /~~ ~ O ~ ~'' ~ Q ~ ~ ? ,,a ~ • ~ • o p a fix. U u .~ ~' ~ ~ eti '~ ' Cy ~ ~ ~ Q I want to help victims and their children: o Please add me to your SafeSpace Mailing List. o I' m interested in volunteering for SafeSpace. o I want to include SafeSpace in my estate plan. o My tax deductible gift is enclosed. NAME: ADDRESS: PHONE: BEST TIME TO REACH ME: C .~ ~ C ~ V C = = o ~ ~ E ~ ~ ~ ~ ~ c «-+ ~ ~ c ~ ¢+ o ~ ~ a~ ~ ~ ~ ~ a .~ , C~ ~ ~ N ~ (> h+~ Rave something to donate? Please drop off your gently used clothing, household items, and furoiture to The Painted Lady Thrift C/O SafeSpace, Inc. Coral Square 2930 S. US#1 Fort Pierce, FL Phone: 772-066-4996 t71 ~i ''~ ~ ~ O ° = W C ~ C ~ }; fl. i 41 ~Up ~ O ~ ~ ~ CT > ~ t0 C 7 d ~ N ~ C it 0 pl ~ fD fl' ~ ~ ~ ~. Q1 t ~ .N i Q > o ~ c ~ ~ ,~ ~ c ~ cn s to ~ ~ w C ~ ~ ~.~+ in ~ ~ N ~ .~ ~` ~ W ~ C t ~ tJ ~ ~ U ~- g. +~ o to ~ O c S cn N o,I.r• ~ ~ ~ U c c to ~ n. ~ fO > ~ a ~ v o ~ ~ ~ o ~ ~ to v ~ .-, cn v a a w ~ ~ v a a n3 t~ o ~ ~ ~ ~ , ~ c• ~~ O C` • V~ ~~;. I ' ~' 4~ O c~ ~ cc ~ p ~ ~ '~ U O ~ U V ~ ~ ~ ~ ~ ~ ~ .~ ~ ~ ~ ~ ~ ~ ~ ~ s-~ O M1 Q, ~a o~d c ~ ~. °~ °o ~ ~ U ~ ~ a x~H ~ n n ~ ~• V V ' ~ ~ ~ ~ ~ I ^ ~ ` ~ ~ ~ ' ~I ~ tCi , Q ~ ~ • ~ 4.t ~ `~ ~ ~ ~ ~ ~ ~ „~ I ~ ~ ~ ~ . ~ ~c ~ ~ ~ A c~i .~ U H ~, n+-3 .~ ~ O +~ O a~ y' ~x 0 0 +~ y~ "~ O ~ ~ U O ~ ~ .~ ~ 0 ~ Q .~ ,~ G~ ~ U ~ ~ ~ 0 ~..~ C3 Q U ~ ~ ~ c ~.. ~ ~ ~ a ~ ~ ~ o .~ o C ~ ~ ~ ~ ~a~rM ~o o ~'-d A.cA ~~; o ~ c ° o 'v `~ o M ~ ~ O'~~ ~~UN p ~a o ~ ,~ ~ ~ Q [~' o ~ a C~ vUi ~ a U p" '~ ~ ~ o . °_~ ~ r~'jr" A-. v ~ ~' -- ~.. ~ ~ ~. ai a .ti ~ ~ .u ' ~ vi y ~ ~ ~ ~ '~ v ~ O ~ ~ ~ ~ ,~ ~ r.r .~ bA ~ 9, y~ b1J ~' O O Q' c., ~ ~ b .~ „ ~ ~ ~ vy rte. ,~' ~ ,,,~ .~ •.-, ..r ~ aS ~i 4J O ~ ~ ti N O ~ ~ 4-a "~' O ~ ' ~ ~ .-~i '~ O ~ O ,~ ''' sue. sa O ~ ~ ~ C/1 A" O O ~ ~ A" ' ~ ~ ~ ~ O 00 ~ ~. ~ ~ ~ „ b owG° Q, c ~~~'+~~~~ oH~'~vH A fi 11 A ~ 11 n 11 ft n 11 A 11 11 1t fi 11 ,:~ _ >,-o ~ ~ ~ ~--~ V N i "B N C U~ O~ .~ ~ . ~ ~ ~ N E 0 ~, n- ~ Z3 ~ ~ Y-- N >, C > ~ O Ol ~-+ ~ ~ ~ ~ cQ C ~ ~ ~ U t10 O ca ~ O ca ~ ~ ~ ~ ~ T^ V 1 ~ ~ U~ ~ OU ~ U O .}, O O C_ ~ ~ ~ ~ ~ T3 ~ C +~ ++ _ ~ U ~ _ y ~ ~ ,~ w~1 ~ V O ' O ~ to to U > to ~ t10 N ~ O ~ T ~ V1 ~ N ~ •'~ O N ~_ N ~ E +~ O ~ ~ b,tJ .~ O .~ U .~ ,~ • ~ • O ~ ta;0 ~ ~ V . ~ ~ S".., ~ pay > '~ ~ ~ C > ~ "L3 +~ cn ~ -~ Q , O ;~ -+ C C ~ ~ '~ U C.1 ~ j ~ O ~ tiT ~ ~ ~ ~~ ~ ~ ' Cy ~ 'b ~:i - ~ ~ O ~ _ • ~ U ~--+ U ~ ~ ~ ~ '~ 1- ~ U r ~ N _ QL U ~ •~ O ~ ~ O ~ t6 - .~ a ~1/' AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Silver Lnke BJS Properties Parcel I.D. No. 2427-701-0000-010/2 BACKGROUND: See attached Memorandum FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A ITEM NO. c q,~ DATE: August :17, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] PRESENTED BY: JoAnn Riley Property Acquisition Manager RECOMMENDATION: Staff recommends denial of this counteroffer due to the fact that the counteroffer significantly exceeds the value determined in Mr. Fuller's appraisal. COMMISSION ACTION: [~J APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 XX County Attorney: Review and Approvals XX Public Works: V'~~ XX County Engineer:~_ XX Originating Dept.: Road & Bridge: Management and Budget: Finance: (Check for Copy only, if applicable) Eff. 5/96 G: \ACQ\WP\Cate\EngPro j\Silver.Lake\Agenda.wpd County Administrator PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: August 10, 2004 SUBJECT: Silver Lake BJS Properties Parcel I.D. No. 2427-701-0000-010/2 BACKGROUND: The Public Works Department is interested in purchasing this .82 acres of land, from BJS Properties, for stormwater retention. This parcel abuts a lake that the County owns a portion of, which was donated to St. Lucie County by The Department of Children and Families (see attached map). The residents in the urea have asked the County to clean up the lake and surrounding area. In order for the County to make improvements to the lake, full ownership of the property is required to obtain a permit from the Department of Environmental Protection. This ownership will also mean, n long term maintenance obligation for the County that Public Works is not anxious to assume. When Mr. Slay was first contacted, he mentioned BJS Properties might be interested in donating the property to the County because it was of no use to them. As time went on, BJS Properties informed staff they wanted to sell the parcel to the County. An appraisal was ordered and Mr. Fuller, of Fuller-Armfield-Wagner Appraisal & Research, Inc., appraised the property for $1,000.00 because it needed $11,000.00 worth of fill to be a buildable lot. A contract was sent to BJS Properties for $1,000.00. A copy of the appraisal was sent to BJS Properties upon request. Staff Inter determined the appraisal should be considered as "value in use" and the requirement of fill was not needed because the County was not going to use it as a building lot. BJS Properties was offered $12,000.00 for the property. The Contract for Sale and Purchase was returned with n counteroffer of $20,000.00. This is $8,000.00 over the value determined by Mr. Fuller. Page 2 BJS Properties RECOMMENDATION/CONCLUSION Staff recommends denial of this counteroffer due to the fact that the counteroffer significantly exceeds the value determined in Mr. Fuller's appraisal. Respectfully submitted, JoAnn Riley Property Acquisition Manager G:\ACQ\WP\Cnte\EngProj\Silver.Lake\offer board memo.wpd (~ V ~' a a ~< ~~ N~ P --~-'- ~1 / I Z _ - n lY ~ a ~, N r n ~~~~~~ W W , w I~ C ~Pi-I""nIC•I^~"_ lyb IQI.I~ eglar~8 ° °. °, °. ° 00 CL 04 001 •I„~ of _^ 9ya„I •Inn ly l_^ iyl „i •I nl tii` S-- I I ~ I I ° ov o0 ' 04 1 91 LIJ LI 6iooo-°~`o/aloBl ~ rsiooo s r~ r- ~~I~$ I ~~ ~ ~I ~_ •1 'Lrl illy it ~~ \ ^W aQII~s ~~ ayl.a DoG y°u _ "~a ° S w ~` ~ S 9r 2 „ ~ ,I„ _a c n A _ _ ~ ~ _ al = a ` OM 0 ~ O11 Y y _. \ p y /0'OICI -y_ ', p PI - T 9b I C n - ~ CJI p _Y `~ ~• ~ ^ n ~. ~ ~ ^ I 1_ I ~~Q~~n y2-~ _ r C P Z O '~ 5 - ~ ^ ' W -- n $ 1'1 D g LV n ~ ~ n Y~ t- ~ 8 o " ° . ^+I ~ I , ~I I - ° ~ o .cLll "~,I, ~ ~ r ~ R I $ I I , m l 91 d $ $ I I I I - I ~ II I x oi$ a 0091-COS tl0 i0S-L61 BO I .o I ~1I1 , 00 ._ - -- ~ r _ _ J a ~_____ 3M1 03S r~ __~__..~ ~-5- p { 'ON AV MNOIN 'S 'O - - - - _ - _ _ _ a'19c G 4 I9~oa vrlw Gt - oa - - Iroa - v -'ar v 'voc I Ico c 1I vv s I I 4 I•~ d-I~ nl• ~ I r ~ aG w cL~ s nc •R a we ~ n II oc w °. '° ~ °ov9el ~I M - ------------------------_"-------- ---~ 9- 3nN3nr tl30rw'3~o - Ci°i I .°. .. °~ w I Ll~.° r :wi I .rGGi Dt~.L ~~ ° ~ .. I I sez~rz 133HS--~75 AGENDA REQUEST ITEM NO. C 4B DATE: August 17, 2004 REGULAR ( ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney PRESENTED BY: Daniel S. McIntyre County Attorney SUBJECT: Petition for Abandonment Drainage and Utility Easements located on south side of Lot 9 Block 173A Request Permission to Advertise -Notice of Public Hearing BACKGROUND: The Board of County Commissioners received a request from Pamella Mayr to abandon a drainage and utility easement that her house was built over. Ms. Mayr's house was built some time ago, when she refinanced the house, the title company noticed the easements. Staff requests that the Board grant permission to Advertise the Notice of Public Hearing to abandon the drainage and utility easements from under Ms. Mayr's house. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board authorize staff to advertise a Public Hearing to beheld on September 7, 2004, at 6:00 p.m. or as soon thereafter as possible. COMMISSION ACTION: piJ APPROVED [ ]DENIED [ ]OTHER Approved 5-0 (xx) County Attorney: (xx) Originating Dept.: Finance: (Check for Copy only, if applicable) Review and Approvals ( )Public Works: ( )Purchasing: G:\ACQ\WP\JanetWbandonments\Mayr Lakewood Unit 12AWdvertise Agenda.wpd ( )County Engineer: Eff. 5/96 County Administrator ~'` t aOARD OF COUNTY COMMISSIONERS Heather Young Katherine MaclSenzie-Smith Victoria Winfield Via Facsimile May 6, 2004 Ms. Della Girdvil First American Title 109 N. 2"d Street Fort Pierce, FL 34950 Dear Girdvil: Re: 5107 Eastwood Drive -Drainage and Utility Easement .COUNTY ATTORNEY Daniel S. McIntyre ASSISTANT COUNTY ATTORNEY ASSISTANT COUNTY ATTORNEY ASSISTANT COUNTY ATTORNEY ~ L~C~t~~dC~ ~ MAY - 72004 ~~ I (PROPERTY ACQUiSFTiC This letter shall serve to confirm our telephone conversation this morning regarding.the above- referenced drainage and utility easement. Based upon his review of the survey and records provided by the property owner, the County Engineer has indicated that he would recommend approval of a petition to abandon that portion of the easement occupied by the existing structure. The property owner has been provided a copy of the County's abandonment package and it is my understanding that she intends to proceed with the petition for abandonment. If you require anything further with regard to this matter, please don't hesitate to contact me. Sincerely, '~.~ ~_ Heather Young Assistant County Attorney HY/ Copies to: Commissioner Lewis County Engineer Janet LiCausi Pam Mayr ,, • JOHN D. DRUHN, District No. 1 DOUG COWARD, District No. 2 PAULA A. LEWIS, District No: J FRANNIE HUTCHINSON, District No. 4 CLIFF DARNES, Disrri N~ County Administrator • Douglas M. Anderson ` 2300 Virginia Avenue 3rd Floor Admin. Annex Forr Pierce, FL 34982-5652 Phone (772) 462-1441 FAX (772) 462-1440 TDD (772) 462-1428 .r ~o ~a s g J` . S14I B n -- a n a , 0 o ' TO 70 •~ ~, ~ J~' o Jar ~ J T ~ uo ~ ua $ t ~ ~_ ° ~ Uo ¢ o T ° ~ A ° ~ >30 1]0 0 ~ ° UO UO $ 3 ° !2 a ~ 7~ o + a u v0 Uo ° J o '~ o o vo Do ~ 2 ~ eS Uo 130 R 1 ^ R K vo uo J W m ~+ ~ 7e ~'~ CRAPEFRl11T 70 L tU.H •'% PARXIMAY 7D W J J 7E SEE S HEET 13/125 CS 7,j ~o ` 2 7 ~ -_ ~~ ,~ 3a ¢ ~ S n] ~ ~ ~o a 70 . g 2SZ ~6 ~ _ ~?s ~ R tZ~ vo..r n4.9.3 1 ~ ,~ ~ fib' „ Jft ° t2s moo ~ m.~ ~ ~ ~ a~ '1• , i 1 '' b1 a' ^ 231 0 ~ ! ! ~ s >~ m txa.77 ~ n43+ I • 1].71 • 157.79 ° ~ m ~ 2n • ZSJ ~ ~ ~ ` ~ = ~ ~ ° 0 ~ ~ sa m $ LTL2 ~ ~ ~ o 3 ~. t,. rt5 ~ ¢ a 296 a z~ . 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W fRl 14~ 10~ C 4 W I t0 , i0 I {O i0 V so ~ w j so I so S0 STREET R „ (132-0001- •r f13FA~4~/51 ° OCO/7J ° 51 Ac 'R 3 1.37 Ac ^ . W .~ s ~ ~ ~ > ~ ,O `' 700 •]tss ~ 149.13 , ~ n~~~ e ° QX]/9J ° J R o .f9 Jk ,°t. 4 ^ ~ ^ 200 i ~ • t/J2GL'1~f ~ ~ ~ ~ a~aJ ~ g : f/32-UO1~6- oa. {'1 ~ .,~ a " QLb/2J < ~ Q ~ n32~ AR7//1 o 2.85 Ac = ri f1~2'~2~ a ; x T' O ¢ o s~ . as r~ R ~ 000/b) ` N ~ loo 12 A 3 c . 2~, n (/ nO aro ^ ~ R .a7 k y^ fL72'~ 200 aL16• a 9S .. n] Oros o l~ tic.. = n pr n J f ~ ^ ~ W ~ ~ p 5- cLL ozwn oxvaJ ~ k ~ ,m . i0 9S n5 tao u9.S1 149.51 ~~ .~ ` CROV ER'S ROAD ' o ,' u+~ ei ~ uo u~ SKCTCH, 0F' GESCRIf~TlON sir 1/2" IRDN ROD dt CAP LBIF8393 REMAINDER OF LOT 9 BLOClf 173A NOT JNCLU D ED N99'4i'S8'W 157,79' CONC. A C PAD _ 1-0.0 ~ BLOCK 173A ~ ~ ~ A PORTION OF ~~ ~ ~ }~ m ~ l.OT9 d ~l. ~ ~ a ~ BLOCK 17'3A ~ ~ $ ~ M e,~L_.... _-- u~ 10' DRAINAGE Js UTIUT7 ~ 523' ~ _ EASEAIEhiT _ 157Jg' P 10' DRAINAGE dt U11UTY A SUBJECT OF LE ALA EASEMENT PORTION CF LOT 10, BLOCK 179A _. - 92.3' ~~ .a _ __ ~ ~ N87'41'S8'W 157.78' P08 b C ~ - - ~ THE REMAINDER OF ~ ~ LOT 10 Pac BLOCK 173A se cof~JlaJ: Lor lo, eLOCx n3A -1~•~ i a d,''• I1 L PAMbYLA J. AIAYR i THiS IS NOT A SUr'.~'EY Tf•-fS IS A l•k ~r11_ ICE ~CRIr''i ION CN:.Y iCh.l.• 1~ '! _4A FEET ~, I Os-X03-D82+1 r ' O m `~ ~o~ ~~~ . o w ~ ~ ti ~~ ~z~~ O ~n~~'"w~'i ~~zb`'~~ ~ "'~° F- }~i~GIa~~L~3 J~ W L~(OYV1 .'t ~ F~ J =~~oo~ 41 U~_' ¢~ ~~:a~`~5~~~ "" W K ~ Jz O N ~~~~~~~ -' _ a ~~~~~K ~~ 4. N ~x aip S m W W a° ~~~u ..~~~~o~m~w ~ rim`-' I~ ~J~j~ , THE SUkVEYOR HAS NOT ABSTRACTED THE LA,tiO SHOWN HEREON FOFt EASEMENTS. RIGHT OF WAY, RESTRICTIONS OF REGCRD WHICH AIRY AFFECT THE TITLE O~i U:E OF THE L.~ND . NO UNO£F2GROUND IAIPR01'EMEN'i5 HAVE BEfN LOOTED ~' o AS SHOhtI. NaT `/ 1NCdR HA'NRE AWD THE ORIGHAL AA1 Q~' r LIGENSZD SURV:TOR f o a' pw, STATE OF~ q~ p AMERfCAN SURVEYING & MAPPING c~nFl~naN nu n rsr uue ~s1e.]93 10 NOATTt ORLwFt00 wvENu SUITE B Y15NTER PARK, ItiORIAn, 3 7flU - _ - _ - -- - F Janet Licausi -LEGAL bESCf~t~lON.doc Page 1 LEGAL DESCRII'TION: DRAINAGE AND UTII.ITY EASEMENT ABANDONMENT THE NORTH 20' FEET OF THE SOUTH 26.90' FEET OF THE FOLLOWING DESCRIBED PARCEL OF LAND; "COMMENCE AT THE SOUTHEAST CORNER OF LOT 10, THENCE RUN NORTHERLY 80.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTHERLY ALONG THE EAST LINE OF LOTS 9 AND 10 A DISTANCE OF 80.00 FEET TO A POINT; THENCE RUN WESTERLY 157.79 FEET TO A POINT; THENCE RUN SOUTHERLY PARALLEL TO THE EAST LINE OF LOT 9 A DISTANCE OF 80.00 FEET TO A POINT, WHICH POINT IS 16.90 FEET SOUTH OF THE INTERSECTION OF LOTS 5,9 AND 10; THENCE RUN EASTERLY 157.79 FEET TO THE POINT OF BEGINNING. ALL OF THE ABOVE DESCRIBED LYING IN AND BEING A PART OF BLOCK 173A OF LAKEWOOD PARK UNIT 12A ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGES 3'5,36 AND 37 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.~~' AGENDA REQUEST ITEM NO. C Date: August 17, 2004 Regular [ ] Public Hearing [ ] Consent [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Historic Resources Survey -Fifth Amendment to May 7, 2002 Agreement with Janus Research, Inc. BACKGROUND: See C.A. No. 04-1151 FUNDS AVAIL.(State type & No. of transaction or N/A): Account No. 102-1510-531000-100 (Growth Management/Planning/Professional Services) RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed fifth amendment to the May 7, 2002 agreement with Janus Research, Inc., and authorize the Chairman to execute the amendment. COMMISSION ACTION: [XJ APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 County Attorney:_ X Orig~ sting Dept.: 9~ Coordination/Signatures Mgt. & Budget: Other ~~. Anderson Administrator Purchasing: Other Finance (Check for Copy only, if applicable ~i/ `~' INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 04-1151 DATE: August 9, 2004 SUBJECT: Historic Resources Survey -Fifth Amendment to May 7, 2002 Agreement with Janus Research, Inc. BACKGROUND: On May 7, 2002, the County entered into an agreement with Janus Research, Inc. to conduct an Historic Resources Survey for the unincorporated areas of the County. The agreement has been subsequently amended to expand the scope of the survey and to provide for the consultant's attendance at public meetings regarding the proposed Historic Preservation Ordinance. Attached to this memorandum is a proposed fifth amendment to the agreement which will further extend the term of the agreement through and including October 29, 2004. This will allow sufficient time for the completion of the required public hearings on the proposed ordinance. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed fifth amendment to the May 7, 2002 agreement with Janus Research, Inc., and authorize the Chairman to sign the amendment. Respectfully submitted, Attachment HY/ Copies to: County Administrator Finance Director Management and Budget Director Interim Growth Management Director Deputy Clerk Press/Public Heather Youn Assistant County Attorney '~ FIFTH AMENDMENT TO MAY 7, 2002 AGREEMENT BETWEEN ST. LUCIE COUNTY AND JANUS RESEARCH, INC. THIS FIFTH AMENDMENT made and entered into this day of , 2004, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called (the "County"), and JANUS RESEARCH, INC., (the "Consultant"): WITNESSETH: WHEREAS, on May 7, 2002, the County and the Consultant entered into an Agreement (the "Agreement") to conduct an Historic Resources Survey for the unincorporated areas of the County; and, WHEREAS, on December 17, 2002, the parties entered into a First Amendment to the Agreement which extended the time for completion of the prof ect to August 30, 2003, and expanded the scope of the project to also include documentation of all historic roads in the unincorporated areas of the County; and, WHEREAS, on September 2, 2003, the parties entered into a Second Amendment to further expand the scope of the project to include preparation and submission of the Florida Master Site File (FMSF) forms to the Division of Historical Resources (DHR) for the six hundred sixty-seven (667) sites identified in the survey and attendance at public meetings and hearings regarding the proposed Historic Preservation Ordinance; and, WHEREAS, on February 17, 2004, the parties entered into a Third Amendment to further expand the scope of the project to provide for the Consultant to attend an additional public meeting regarding the proposed Historic Preservation Ordinance; and, WHEREAS, on April 27, 2004, the parties entered into~a Fourth Amendment to extend the term through and including July 15, 2004, in order to ensure sufficient time for completion of the project; and, WHEREAS, the parties have determined that additional time will be required to conduct the public hearings necessary for completion of the project NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: Paragraph 4. TIME OF PERFORMANCE is amended to read as follows: -1- 4. TIME OF PERFORMANCE The Consultant shall begin work hereunder on or before June 1, 2002, and shall complete all work hereunder on or before October 29, 2004. 2. Except as amended herein, the remaining terms and conditions of the May 7, 2002 Agreement, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Consultant has affixed his, its or their names, or name. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK g:\atty\agreement\contract\Sa janus.wpd BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY JANUS~R~ESEARCH, INC. BY: GC~C PRESIDENT (SEAL) -2- AGENDA REQUEST TO. BOARD OF COUNTY COMMISSIONERS ITEM NO. C4D DATE: August 17, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: South 25th Street Roadway Widening Midway Rond to Edwards Road -Temporary Easement Barbara A. Wnx -Tax I.D. No. 2433-221-0005-100/1 -Parcel 737 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 Barbara A. Wax in the amount of FOURTEEN THOUSAND TWO HUNDRED and no/100 DOLLARS ($14,200.00) 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. COMMISSION ACTION: ~J APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 Dou s i~nderson Co ty Administrator Review and Approvals [XX] County Attorney: [XXJ Public Works Director:-~f=~ ~ [XX] County Engineer: r•'~~ [XXJ Originating Dept.: ,~`~' [ ]Road 6 Bridge: [ ]OMB: Finance: (Check for Copy only, if applicable) Eff. 5/96 G:\ACQ\WP\JoAnn\25th Street\Wax\Agenda Request.wpd TO: Board of County Commissioners INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA FROM: Daniel S. McIntyre, County Attorney DATE: August 17, 2004 SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Rond -Temporary Easement Barbara A. Wax -Tax I.D. No. 2433-221-0005-100/1 -Parcel 737 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 July 23, 2004, an offer was made to the owner for a Temporary Easement in the amount of $14,200.00, which was based on the real estate appraisal report prepared by Daniel K. Deighan, MAI. The report was reviewed and approved by Daniel D. Fuller, MAI, as required by the Department's procedures. The purpose of the Temporary Easement is for the construction of a retaining wall within the existing right-of-way. Parcel 737 is a 10' wide Wren along the owner's property line that fronts South 25th Street. The Temporary Easement consists of nn area of 1,450 square feet. There are no building improvements within the Easement area. Mrs, Wax has agreed to accept the County's offer for the Temporary Easement at the offer amount of $14,200.00. RECOMMENDATION: Staff recommends that the Board approve the Purchase Agreement with Barbara A. Wax in the amount of FOURTEEN THOUSAND TWO HUNDRED and no/100 DOLLARS ($14,200.00) 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. Ily submitted, Daniel S. McI County Attorr 6:\ACQ\WP\JOAnn\25th Street\Wax\Agenda Memo.wpd r Page 1 Of 3 St. Lucie County, Florida TEMPORARY CONSTRUCTION EASEMENT STATE ROAD NO.: 615 (S. 25"' Street) ' PARCEL NO.: 737 THIS AGREEMENT is.made by and between: Barbara A Wax 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 Temporary Construction Easement or interest therein, upon the following terms and conditions: I. DESCRIPTION (a) ®Real estate or interest therein, identified as parcel 737 and shown on Right of Way Maps for PROJECT: S. 25"' Street incorporated herein by reference. ^ Fee Simple ^ Permanent Easement (Section III.(b) does not apply) ® Temporary Construction Easement (Sections II I.(b, c and d) do not apply) ^ Leasehold interest (Sections III.(b and c) do not apply) (b) ^ Personal property ident~ed as follows: N/A {c) ^ Outdoor Advertising structure identified by permit number. NIA (Section III.(b and c) do not apply) i!. PURCHASE PRICE ' (a) Amount to be paid by PURCHASER to SELLER at closing including fees and costs. $ .14.200.00 (b) Amount to be paid by PURCHASER to SELLER upon surrender of possession $ (c) Itemized purchase price, fees and costs Land and Improvements $ Real Estate Damages $ (Severance/Cost to-Cure) $ 13.000.00 Business Damages $ Attorney Fees $ Appraiser Fees $ ODA Structure $ Other TemoorarvEasement-Land $ 1,200.00 (Specify) (Specify) TOTAL PURCHASE PRICE INCLUDING FEES AND COSTS $ 14.200,00 III. CONDITIONS AND LIMITATIONS (a) It is mutually understood that execution of this Temporary Construction Easement Agreement by PURCHASER constitutes conditional acceptance and is subject to final County acceptance. Final County acceptance shall denote final approval of the purchase price an all terms and conditions contained in this Temporary Construction Easement Agreement and constitutes the effective date of this agreement. A closing on this contract shall not be transacted prior to final County acceptance. Notice of final County 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. NIA (b) SELLER is responsible for all taxes due and owning on the property as of the date of closing. t '~ Page 2 OP 3 (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 shalt 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 Temporary Construction Easement 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) (Form No. 575-07Q-12) executed by the permit holders} and shall surrender or account for the outdoor advertising permit tags} at or prior to receipt of payment forthe ODA structure. (g) Other. IV. CLOSING DATE ~ This transaction shall be closed and the instrument of conveyance delivered within 60 days of the County agency acceptance. O This transaction shall be closed and the receipt of warrant acknowledgement delivered within 60 days of the date of final County 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 conflict therewith. Ail addenda, whether typewritten or handwritten, attached hereto must be referenced and initialed in this section. In addition, all addenda must be signed by both the Seller and Purchaser. There O is • is not an addendum to this agreement. `'~rii~ Page 3 Of 3 VI. IN WITNESS WHEREOF, THE SELLER(S) of the Temporary Construction Easement have caused these presents to be executed in their respective names . SEL (S) i ~~~ S gnature Date CONDITIONAL ACCEPTANCE BY PURCHASE of the TEMPORARY CONSTRUCTION EASEMENT Barbara A Wax Name (Please Type or Print) ~~~_S-r/ _ r S~ ST. LUCIE COUNTY d C5 BOARD OF COUNTY COMMfSIONERS 'Social Security Number BY: Name (Please Type or Print) DATE: Signature Date Name (Please Type or Print) Social Security Number VII. FINAL COUNTY ACCEPTANCE IN WITNESS WHEREOF, St. Lucie County has caused these presents to be accepted this day of 2004. BOARD OF COUNTY COMMISSIONERS, CHAIRMAN LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT (T.C.E.) 737 THE WEST 10 FEET OF LOT 3, BLOCK I, RAINTREE FOREST, AN UN- RECORDED PLAT LYING IN SECTION 33, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT THAT IS 30 FEET SOUTH OF AND 75 FEET EAST OF THE NORTHWEST CORNER OF SAID SECTION 33; THENCE RUN SOUTH 02°23'50" WEST, PARALLEL TO THE WEST LINE OF SAID SECTION 33 AND ALONG THE EXISTING EAST RIGHT OF WAY LINE FOR STATE ROAD 615 (SOUTH 25TH. STREET), A DISTANCE OF 290.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 3 AND THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TEMPORARY CONSTRUCTION EASEMENT N0. 737 (BEARINGS ARE BASED ON SAID WEST L]NE OF SECTION 33 AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO); THENCE SOUTH 89°38'01" EAST PARALLEL TO THE NORTH LINE OF SAID SECTION 33 AND RUNNING ALONG THE NORTH LINE OF SAID LOT 3, A DISTANCE OF 10.01 FEET; THENCE SOUTH 02°23'50" WEST, A DISTANCE OF 145.00 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 3; THENCE NORTH 89°38'01" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 10.01 FEET TO A POINT ON SAID EAST RIGHT OF WAY LINE FOR STATE ROAD 615 (SOUTH 25TH. STREET); THENCE NORTH 02°23'50" EAST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 145.00 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL OF 1,450 SQUARE FEET MORE OR LESS. ~~ ., G. MARTIN BURDETTE FLORIDA_SURVEYOR AND MAPPER 4136 DATE : 'JG~iV ~ ~ j ~ZG~D¢ BURDETTE & ASSOCIATES, INC. LEGAL DESCRIPTION AND SKETCH - T. C.E. 737 PREPARED FORS ~~. L U C I E C O U N T Y, F L O R I D A BURDETTE & ASSOCIATES, INC. OFFICE CHECKED. SCALE. E.C. G. M. B. NOT TD SCALf 2295 GENESEA LAIV_;E F/ECD BOOK DRAWING N0. VERO BEA, CH, FLORIDA 32963 615 T C E 73 7 DA rf ~ SHEf 7 ~ OF (772) 2'31-8750 APRIL 2004 C:\PROPOSAL\INWOOD\TCE737.DGN 05/24/04 08:09:50 AM 1 ~ ~- w Z J ~ ~ c~ ~ w ~ z JGI E CO N W CORNER . . SECTION 3 v 2 ~ ~ I - ~ ~ NOTE: N ~ -~ ~ ~ ~ ~ M ~ BEARINGS SHOWN HEREON ARE BASED -c ~- "' I I ON FLORIDA STATE PLANE COORDINATE ~` P W J LL, I I ~- o ~ `=' SYSTEM, EA57 ZONE, NORTH AMERICAN ~ ORIa DATUM OF 1983/1990 READJUSTMENT p v 40' z w . THE WEST L]NE OF SECTION 33 ~ ' ~ TOWNSHIP 35 SOUTH, RANGE 40 EAST BEARS: SOUTH 02°23'50" WEST AND ALL 40 OTHER BEARINGS SHOWN HEREON ARE p ~ RELATIVE THERETO. rn = d ~ a ~ - 6 EXIST. R/W LINE 9~ ~ p - ° 589°38'01"E BELL AVE ° ~, ~ ~ 31 32 33 S 89°36'31" E (BASELINE) S B9°38'01" E (SECTION L]NE1 ~ P. 0. C. ° S 89°3B'01" E 179.90' NCO .--. ~ 75 EXIST. SOUTH R/W LINE-~' r- ~- N. W. CORNER w M ~ - z LOT 1 ~=97°01 'S1 " ~ • w R=75.00' W ~ .. c _. ~ ~ L=40.16' > ~ (D ~ O ~ In LI7 J ~ O ~ ~ n ~ ~ h- O D ~ L 0 o,,} ;,,, C O cv ~ ~ ~ N i I N a o w v ` 7 I ~; ~ ~ W mN O Co ~ p I o ' ~ ~ Z O W W `" CO -~ to t V x Z W I Z ~ x W ' O 0 ~"- N 'n J ~ ~ ~ I . ry ~ - W .> O mo" I - cV o 0 0 ° _ `~ I_ ~ Z \ ~ ° s 89°3B'ol " E 150.30' Y~ o SECTION 3 3 ~ ~ ~ ~ ~ ~ ? ~° TOWNSHIP 35 SOUTH, m ~ w RANGE 40 EAST ~ ~ ~ ~ 0 ~~ o ~; ABBREVlAT10NS /LEGEND a ~~ ~ LOT 2 ~ ~ ~ ~Q EXIST. =EXISTING ~ ~ _ ~ P.O.B. =POINT OF BEGINNING ° ~ ° P.O.C. =POINT OF COMMENCEMENT I ~ R/W =RIGHT OF WAY ° ~ ° S0. FT. SQUARE FEET y _ T.C.E. =TEMPORARY CONSTRUCTION M A T C H L I N E - _ _ EASEf~NT ®° SUBJECT PARCEL SE E SHEET 3 THIS IS NOT A SURVEY LEGAL DESCRIPTION AND SKETCH - T= C. E. 737 PREPARED FOR. S T L U C l E COUNTY, F L O R I D A BURDETTE & ASSOCIATES, INC. OFFICE CHECKED. scALE. E. C. G. M. 8. r" = 60• 2295 GENESEA LANE FIELD BOOK, DRAWING ND. VERD BEACH, FLORIDA 32963 615 T C E 73 7 (772) 23>-8750 DA rE~ A P R I L 2 0 0 4 SHEET 2 of 3 C:\PROPOSAL\INWOOD\TCE737.DGN 05/24/04 08:14:17 AM M ~, C ,. O ^ ~+3 ~ U~ p N O m N ~[1 P~ M C O cv 0 L NN p C O mJ// i- v J ~. X w N r~ z U w Ln I _~ _ MATCHL_I NE S 02°23'50" W 290.00' ~--- ~~. ~ ~.'_ M l z ~ ' ^ N ~J.J N HOOD EENCE - SEE SHEET 2 P.0.8. _ N. W. CORNER cor 3 S B9°38'01' f 150.30' -~ NORTH LINE OF LOT 3 I D.OI ' 5 89°38'01 ' E wESr 10' 7 3 7 0 0 o Lor 3 a TEMPORARY ` CONSTRUCTION EASEMENT W ~ 1, 450 S0. FT. h ~ o o e LOT 3 0 H O O 2 H V / SOOIH LINE OF LOT 3 ~ 5 89°3B'OI" E 150.30' 10.01 ' ~ S 89°38'01 " E - z / ~y,J J O ~ o ~ ~ o ° ~ z L~ w ~ L OT 4 ,~ U o V / ~ h o J _ X O m w x 7s 00 ~., 0 ~, H 0 x S B9°38'01 ' LOT 5 ., JGl E CO v Z N ~ ~ ---~ ~~ O RIaP '~ N W Ll.l > _ ~ ~~ '~ ~./ ! W z W -J z / 0 NOTE: ~ ~ BEARINGS SHOWN HEREON ARE BASED w > ON FLORIDA STATE PLANE COORDINATE 0 o g SYSTEM, EAST ZONE, NORTH AMERICAN ~ m ~-; DATUM OF 1983/1990 READJUSTMENT. ~ = THE WEST LINE OF SECTION 33 N TOWNSHIP 35 SOUTH, RANGE 40 EAST w o ~ BEARS: SOUTH 02°23'50" WEST AND ALL ~ o o OTHER BEARINGS SHOWN HEREON ARE Z o RELATIVE THERETO. e Q U o ~ ~ ~ SECTION 33 ~ TOWNSHIP 35 SOUTH, v ~ RANGE 40 EAST ~.~ oti e ~~ o L~23°07'33" R•160.00' L=64.58' ABBREVIATIONS /LEGEND EXIST. EXISTING P.0.8. = POINT OF BEGINNING P.O.C. = POINT OF COMt.£NCEMENT R/W RIGHT OF WAY S0. FT. SQUARE FE ET T.C.E. - TEI~ORARY CONSTRUCTION EASEMENT ® = SUBJECT P ARCEL 60 30 0 60 GRAPHIC SCALE - FEET THIS IS NOT A SURVEY LEGAL DESCRIPTION AND SKETCH - T. C.E. 737 PREPARED FOR, S T. L UC/E C 0 UN T Y, FLORIDA BURDETTE & ASSOCIATES, INC. OFFICE, CHECKED, scacE, E.C. G.M.B. i" 60• 2295 GENESEA LANE FIELD BOOK, DRAWING ND., VERO BEACH, FLORIDA 32963 6 15 T C E 73 7 DATE. 5HEE7 ~ OF (772) 237-8 750 A P R I L 2 0 0 4 C:\PROPOSAL\INWOOD\TCE737.DGN 05/24/04 08:20:10 AM AGENDA REQUEST DATE: August 17, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO. BOARD OF COUNTY COMMISSIONERS .z ITEM NO. C4E 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 John K. and Mary Ann James -Tax I.D. No. 2433-221-0005-130/0 -Parcel 738 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. and Mrs. James in the amount of TWELVE THOUSAND FIVE HUNDRED and no/100 DOLLARS ($12,500.00) ns 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. COMMISSION ACTION: [~ APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 CONCURRENCE: Dou s nderson Cou ty Administrator Review and Approvals .,'_ (~ [XX] County Attorney: ~' [XX] Public Works Director: ' "' [XX] Originating Dept.: rCy`R' [ j Road 6 Bridge: Finance: (Check for Copy only, if applicable) Eff. 5/96 [XX] County Engineer: ~~~ [ ]OMB: 6:\ACQ\WP\JoAnn\25th Street\James\Agenda Request.wpd ~1/ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney DATE: August 17, 2004 SUBJECT: South 25th Street Roadway Widening Midway Rond to Edwards Rond -Temporary Easement John K. and Mary Ann James - Tnx I.D. No. 2433-221-0005-130/0 -Parcel 738 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 July 20, 2004, an offer was made to Mr. and Mrs. James for a Temporary Easement in the amount of $6,700.00, which was based on the real estate appraisal report prepared by Daniel K. Deighnn, MAI. The report was reviewed and approved by Daniel D. Fuller, MAI, ns required by the Department's procedures. The purpose of the Temporary Easement is for the construction of n retaining wall within the existing right-of-way. Parcel 738 is a 10' wide area along the owner's property line that fronts South 25th Street. The Temporary Easement consists of an area of 1,450 square feet. There are no building improvements within the Easement area. Of the offer amount, $5,500.00 was allocated for landscaping items (laurel oak and assorted palm trees) that may be impacted due to the construction of the retaining wall. On August 4, 2004, the owner's submitted n counteroffer in the amount of $12,500.00, which represents an increase of $5,800.00 over the County's offer. The owner's believe that therenr_e several other laurel and live oak trees that will be impacted by the construction, which are located a few feet outside the 10' Easement area. They have also indicated that the appraiser foiled to identify a 9" laurel oak in the Easement area, which by the valuation of other laurel oaks, it would have increased the value of the landscaping items another $3,600.00. It is the owner's opinion that the value of the landscaping items that may be impacted due to the construction of the wall is $18,600.00 versus the $5,500.00 allocation in the County's offer. Although the owner's claim for the landscaping exceeds the counteroffer amount, they are willing to accept a lower amount nt this time. t ~^ Page 2 John K. and Mnry Ann James Tax I.D. No. 2433-221-0005-130/0 -Parcel 738 `~ In discussing the additional oak tree with the County's appraiser, Mr. Deighnn indicated that if he updated the appraisal report, he would likely increase the landscaping amount by $3,600.00 for the additional 9" laurel oak, which would increase the value of the Temporary Easement to $10,300.00, thus indicating a difference of $2,200.00 of the owner's counteroffer ($12,500 - $10,300). It should be noted that although the owner's did not express nn exact monetary value for the inconvenience that they will be experiencing during construction, they are in the process of building a residential structure on the property, including a pool and a perimeter concrete wall, which can't be fully completed until the County's construction of the retaining wall. It should be noted that the parcel is being acquired in accordance with the Department's procedures, which by Florida Inw entitles the property owner to certain rights including the reimbursement for attorney fees and other fees that the owner would incur associated with the County's acquisition. The owner's have not retained any experts, however they are aware that if this matter is not resolved, they will exercise their rights and retain an attorney and a real estate appraiser. If this parcel proceeded to trial, the County is exposed to a possible jury verdict in favor of the owner's, additional expert fees (owner and County) and court costs that would definitely exceed the $5,800.00 difference. Both the County Attorney and the County's Right-of-Way Consultant, Brian Mekarski, recommend the County accept the owner's counteroffer. RECOMMENDATION: Staff recommends that the Board approve the Purchase Agreement with Mr. and Mrs. James in the amount of TWELVE THOUSAND FIVE HUNDRED and no/100 DOLLARS ($12,500.00) 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. Ily submitted, Daniel 5. Mc] County Attor G:\ACQ\WP\JoAnn\25th Street\Jnmes\Agendn Memo.wpd Page 1 Of 3 St. Lucie County, Florida TEMPORARY CONSTRUCTION EASEMENT STATE ROAD NO.: 615 (S. 25'" Street) - PARCEL NO.: 738 THIS AGREEMENT is made by and between: John K. James, Sr. and Marv Ann James, his wife hereinafter referred to as SELLER and the ST. LUCIE COUNTY for the use and benefrt 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 Temporary Construction Easement or interest therein, upon the following terms and conditions: ' 1. DESCRIPTION (a) ®Real estate or interest therein, identified as parcel 738 ^ and shown on Right of Way Maps for PROJECT: S. 25"' Street incorporated herein by reference. ^ Fee Simple ^ Permanent Easement (Section III.(b) does not apply) ® Temporary Construction Easement (Sections III.(b, c and d) do not apply) ^ Leasehold Interest (Sections III.(b and c) do not apply) (b) ^ Personal property identified as follows: N/A (c) ^ Outdoor Advertising structure identified by permit number: N/A (Section III.(b and c) do not apply) 11. PURCHASE PRICE ~ ~rV (a) Amount to be paid by PURCHASER to SELLER at dosing including fees and costs. $ '~~-7 (b) Amount to be paid by PURCHASER to SELLER upon surrender of possession $ (c) Itemized purchase price, fees and costs Land and Improvements $ Real Estate Damages $ (Severance/Cost-to-Cure) $ r599:~A~- ~(~ ~l7 Business Damages $ Attorney Fees $ Appraiser Fees $ ODA Structure $ Other Temporary Easement -Land $ ~60'Qt7 . ,{-D~- (Speciiy) . _ $ (Specify) TOTAL PURCHASE PRICE INCLUDING ~~~ ~ FEES AND COSTS $ Itl. CONDITIONS AND LIMITATIONS (a) It is mutually understood that execution of this Temporary Construction Easement Agreement by PURCHASER constitutes conditional acceptance and is subject to final County acceptance. Final County acceptance shall denote final approval of the purchase price an all terms and conditions contained in this Temporary Construction Easement Agreement and constitutes the effective date of this agreement. A closing on this contract shat! not be transacted prior to final County acceptance. Notice of final County 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 dosing. Pape 2 Of 3 (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 Temporary Construction Easement 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) (Form No. 575-073-12} executed by the permit holder(s) and shall surrender or account for the outdoor advertising permit tag{s) at or pnor 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 fi0 days of the County agency acceptance. O This transaction shall be closed and the receipt of warrant acknowledgement delivered within 60 days of the date of final County 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 conflict therewith. All addenda, whether typewritten or handwritten, attached hereto must be referenced and initialed in this section. In addition, all addenda must be signed by both the Seller and Purchaser. There O is a is not an addendum to this agreement Page 3 Of 3 VI. IN WITNESS WHEREOF, THE SELLER(S) of the Temporary Construction Easement have caused these presents to be executed in their respgctive name(s). SELLER '~ 8~3 a~ ignature Date John K. James. Sr. Name (Please Type or Print) aa-~ -3~ 3,p~ ~ Social Security Number Signatur Date O~ Marv Ann James Name (Please Type or Print) ~v_ o~a~ ocial Security Number CONDITIONAL ACCEPTANCE BY PURCHASE of the TEMPORARY CONSTRUCTION EASEMENT ST. LUCIE COUNTY BOARD OF COUNTY COMMISIONERS BY: Name (Please Type or Print) DATE: Vll. FINAL COUNTY ACCEPTANCE IN WITNESS WHEREOF, St. Lucie County has caused these presents to be accepted this 2004. day of BOARD OF COUNTY COMMISSIONERS, CHAIRMAN LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT (T.C.E.) 738 THE WEST 10 FEET OF LOT 4, BLOCK I, RAINTREE FOREST, AN UN- RECORDED PLAT LYING IN SECTION 33, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT THAT 1S 30 FEET SOUTH OF AND 75 FEET EAST OF THE NORTHWEST CORNER OF SAID SECTION 33; THENCE RUN SOUTH 02°23'50" WEST, PARALLEL TO THE WEST LINE OF SAID SECTION 33 AND ALONG THE EXISTING EAST RIGHT OF WAY LINE FOR STATE ROAD 615 (SOUTH 25TH. STREET), A DISTANCE OF 435.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 4 AND THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TEMPORARY CONSTRUCTION EASEMENT N0. 738 (BEARINGS ARE BASED ON SAID WEST LINE OF SECTION 33 AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO); THENCE SOUTH 89°38'01" EAST PARALLEL TO THE NORTH LINE OF SAID SECTION 33 AND RUNNING ALONG THE NORTH LINE OF SAID LOT 4, A DISTANCE. OF 10.01 FEET; THENCE SOUTH 02°23'50" WEST, A DISTANCE OF 145.00 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 4; THENCE NORTH 89°38'01" WEST, ALONG SAID SOUTH LINE, A ,DISTANCE OF 10.01 FEET TO A POINT ON SAID EAST RIGHT OF WAY LINE FOR STATE ROAD 615 (SOUTH 25TH. STREET); THENCE NORTH 02°23'50".EAST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 145.00 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL OF 1,450 SQUARE FEET MORE OR LESS. ]]~'~ ~ G. MART N BURDETTE FLORIDA SURVEYOR AND MAPPER 4136 DATE:.~f~~/'~ ~J ~ZFaO~ BURDETTE 8 ASSOCIATES, INC. LEGAL DESCRIPTION AND SKETCH - T. C.E. 738 PREPARED fOR~ ST. L UC/E COUNTY, FLORIDA BURDETTE & ASSOCIATES, INC. OFFICE, E. C. CHECKED, G. M.B. SCALE, Nat ro scaLE 2295 GENESEA LANE FIELD BOOK, DRAWING N0. , VERO BEACH FLORIDA 32963 615TCE738 , (772) 237-8750 DATE, A P R I L 2 0 0 4 SHEET OF ~ 3 C:\PROPOSAL\INWOOD\TCE738.DGN 05/24/04 08:27:46 AM i ~ ~ ~ GIE ~O `° w J ~ c~ ~ ~ J N.W. CORNER SECTION 33~ v IL ~ m ~ ~ NOTE. N ~ ~ `Y ~ I ~ ~ BEARINGS SHOWN HEREON ARE BASED ~ I _ , ON FLORIDA STATE PLANE COORDINATE ~ P W ~ I ~ ~ ~ ' SYSTEM, EAST ZONE, NORTH AMER1 CAN ~ 0 R1~ x I I o ! DATUM OF 1983/1990 READJUSTMENT. ~ Q "' qp~ z ~, THE WEST LINE OF SECTION 33 U I TOWNSHIP 35 SOUTH, RANGE 40 EAST ~T N I BEARS: SOUTH 02°23'50" WEST AND ALL I v I 40, l~ OTHER BEAR]NGS SHOWN HEREON ARE O RELAT]VE THERETO. rn _ ~ ~ a 6 EXIST. R/W LINE _ ~ ~ - S 89°38'01 ' E °-' BELL AVE° ~~ 0 Q 3 ~ 32 . 33 S 89°36'31" E (BASEL]NE) S 89°38'01" E (SECTION LINEI I P.O.C. ° I 5 89°38'01" E 124.90' ICp ~ T EXIST. SOUTH R/W L]NE ~- I -' I - 5 N.W. CORNER W LOT 1 ~ 9 1 " M , a W z R 25 00' w c _ ~ ~ L=40.16' U3 w I w ~ ~ D ~ O NO m"'"' J O 3 ` " I ~ ^ v J - N ° _ o LOT ~ OON . ~ (My ° ; I M rv W e I a _ W Z O C O _ ~ O N I N O ° ~' O W W mJN z W Z x O ~ N ~ J ~ ~ o ~ i~ N ~ ° ~ ~m _ ° Z I ~ W `n I- ° e. 5 89°38'01"E 150.30' Y ~ o SECTION 33 \ ~ ~ I ~ ~ Z ~ TOWNSHIP 35 SOUTH, v ry m ~ w RANGE 40 EAST I O~ ~ ~ I ~ ~ O ~ - ~ a ABBREVlAT10NS /LEGEND. ` ~ ~ ~ e LOT 2 ~ I ~ EXIST. EXISTING \ ~ _ I ~ P.0.6. = POINT OF BEGINNING ° P.O.C. PO]NT OF COMIvfNCEMENT _ I ~ R/W RIGHT OF WAY I ° S0. FT. = SQUARE FEET y ~ T.C.E. TEMPORARY CONSTRUCTION _ - EASEMENT M A T C H L I N E - _ _ S E E S H E E T 2 ®- SUBJECT PARCEL THIS IS NOT A SURVEY LEGAL DESCRIPTION AND SKETCH - T. C. E. 738 PREPARED FOR. S T, L UCIE C O UN T Y, FLORIDA urrict. CHECKED. SCALf. BURDETTE & ASSOCIATES, INC. E.C. G.M.B. ~" = 60' 229 5 G ENES EA LA NE FIELD BODK~ DRAWING ND.. VERD BEACH, FLORIDA 32963 6 i 5 T C E 7 3 8 (772) 237-8750 Da tE. A P R l L 2 0 0 4 syEE r 2 DF 3 C:\PROPOSAL\INWOOD\TCE738.DGN 05/24/04 08:33:38 AM ;~ ,; G1 E CO , J v ~ MATCHL INE - N ~ ~ - - SEE SHEET 2 '' '~ I _ _ ~ O R IQP I I-- I 75' S 89°3B'01 " E 150.30' F- (n ~ o ~ Z I ~ ~ o w ~- N _°~ cv r, ~ I LOT 3 z ~ m ~ ~ ~+ - M I~`~ ~ ~ : , m vi u I p p ~ o ~ v ~ W e O ~'-~ ~ ~ v v CV e m o ~„ Z o ~~ m J I W W o "' "' ~ Q U ~ ~ P 0 B tr N v . . . ~ °' I ~ ~ N. W. O~D~NER ~ ~- p 3 I -J I _ I S 89°38'01 " E 150.30' '-' ~ NORTN LINE Of LOT 4 / 10.01 ' I I ~ S 89°38'01 " f NOTE z I z If£ST 10' 7 3 8 BEARINGS SHOWN HEREON ARE BASED -' I ~ -' ~ LOT4 ON FLORIDA STATE PLANE COORDINATE 3 g o SYSTEM, EAST ZONE, NORTH AMERICAN I ~ = e TEMPORARY a ~ UM 3/ F90 JU33MENT. T o ,,, I CONSTRUCTION EASEMENT HE O WET LINE SEC 10N TOWNSHIP 35 SOUTH, RANGE 40 EAST ~ ~ w ~" I ; 1,450 SQ. FT. 3 BEARS: SOUTH 02°23'50" WEST AND ALL x ~ ~ ° o o OTHER BEARINGS SHOWN HEREON ARE N ° ti N RELATIVE THERETO. w $ I -- ~ o LOT 4 0 I ~-, SECTION 33 I TOWNSHIP 35 SOUTH, SOUTH LINE OF lOT 4 RANGE 40 EAST I 75 ' S B9°38'OI " E 150.3D' I ~ I o S 89 3B!DI"E ° a ABBREVIATIONS /LEGEND o EXIST. =EXISTING W `" P.O.B. =POINT OF BEGiNN]NG P.O.C. =POINT OF COMMENCEMENT e o LOT 5 a73'OT'33" R/W =RIGHT OF WAY x R=160.00' SQ. FT. =SQUARE FEET L=64.58' T.C.E. =TEMPORARY CONSTRUCTION EASEMENT ® 'SUBJECT PARCEL 6 0 30 0 60 GRAPHIC SCALE - FEET THIS IS NOT A SURVEY LEGAL DESCR/PTION AND SKETCH - T. C.E. 738 PREPARED F ORS C~ T L U C.l E 0 0 0 N T Y, F L 0 R/ D A BURDETTE & ASSOC/A TES, INC. OFFICE E.C. CHECKED G.M.B. SCALE. I° ' 6D• 2295 GENESEA LANE FIELD BOOK DRAWING N0. VERO BEACH FLORIDA 32963 615TCE738 , (772) 237-8750 DATE A P R l L 2 0 0 4 SHEET ~ OF C:\PROPOSAL\INWOOD\TCE738.DGN 05/24/04 08:52:35 AM t ~~ ~r' AGENDA REQUEST 4-ti ~C~CI QTY , _, ,~~ 3 '.. F L O R I D A' TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. C4F DATE: August 17, 2004 REGULAR [] PUBLIC HEARING [] CONSENT[XX PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: North County Charette Master Plan -Interlocnl Agreement with Treasure Coast Regional Planning Council BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Interlocnl Agreement and authorize the Chairman to sign the Agreement. COMMISSION ACTION: [~ APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 County Attorney: Originating Dept CONCURRENCE: ~~ ouglas Anderson County Administrator Review and Approvals Management & Budget Purchasing: Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 'i~./ - ~ _ _ -~,~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 04-1163 DATE: August 11, 2004 SUBJECT: North County Charette Muster Plan -Interlocal Agreement with Treasure Coast Regional Planning Council BACKGROUND: On July 27, 2004, the Board approved allocating $150,000.00 from the current fiscal year budget to contract with the Treasure Coast Regional Planning Council (RPC) to begin the implementation of the North County Charette Master Plan ("Plan"). Attached to this memorandum is a copy of a proposed Interlocal Agreement between the County and the RPC to allow the RPC to assist the County in the implementation of the Plan. The scope of services is attached as Attachment "A". The proposed fee is $150,000.00. RPC staff has reviewed and approved the form of the Interlocal Agreement. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. Respe tfully submitted Daniel 5. Mc7 County Attor DSM/caf Attachment ~rr+" INTERLOCAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA, AND THE TREASURE COAST REGIONAL PLANNING COUNCIL THIS INTERLOCAL AGREEMENT is entered into this day of , 2004, by and between the Board of County Commissioners, St. Lucie County, Florida (herein referred to as "County"),and Treasure Coast Regional Planning Council (herein referred to as "Council"), each on constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH: WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969",authorizes local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and, WHEREAS, Pnrt I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to exercise jointly any power, privilege, or authority which such agencies share in common and which each might exercise separately; anal, WHEREAS, the County and the Council desire to enter into an agreement to facilitate the implementation of the North County Charette Master Plan ("Plan") implementation of the Plan is in the best interest of the citizens of St. Lucie County, Florida. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties hereto agree as follows: SECTION 1. PURPOSE A. The purpose of this Agreement is to contract with the Council to assist the County in the implementation of the Plan. B. The County and_Counci) agree to act in a spirit of mutual cooperation and good faith in the implementation of the Agreement and its purpose. g~\atty\ogreemnt\interloc\TCRPC-NC Chnrette Master Plan '1' SECTION 2. GENERAL TERMS AND CONDITIONS A. This Agreement shall begin upon execution by both parties and shall end when the deliverables are complete as identified in the schedule attached ns Attachment "B"unless terminated earlier in accordance with Section 6 of this Agreement. B. The Council shall fully perform the obligations identified in Scope of Work and cost proposed identif ied ns Attachment "A" of this Agreement to the satisfaction of the County. C. Both the County and Council agree to be governed by applicable State and Federal laws, rules and regulations. D. Modifications of this Agreement may be requested by either party. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each party and attached to the original Agreement. E. The Council and County mutually agree to establish n mechanism to resolve any conflicts that may arise from the implementation of the Plan by using the process included in the Intergovernmental Coordination Element of the County's Comprehensive Growth Management Plan or other mutually agreed process. F. The County agrees to: 1. Assist in the development and implementation of the Plan. 2. Process all requests for reimbursement in a timely manner. SECTION 3. RECORD KEEPING A. All records submitted by the Council shall be kept for three years after the termination of this Agreement and shall be sufficient and complete to verify compliance with the requirements of this Agreement. B. The Council shall allow access to its records during normal business hours and upon reasonable advance request of the County, its employees and agents. g~\atty\ogreemnt\interloc\TCRPC-NC Charette Master Plan -2- SECTION 4. REPORTS A. The Council shall provide the County with the reports identified in the Scope of Work in accordance with the dates specified. B. All required lists, reports, and copies prescribed in the Scope of Work shall be completed in a manner acceptable to the County. The County may withhold payments until the reports are completed or may take other such action as set forth herein. SECTION 5. LIABILITY A. Except as otherwise provided in subparagraph (B) below, the Council shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall save the County harmless against all claims of whatever nature by third parties arising out of the performance of work under this Agreement. B. The Council shall be fully responsible for its negligent acts or omissions or tortuous acts which result in claims or suits against the County and shall be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the Council to which sovereign immunity applies. Nothing herein shall be construed as consent to be sued by third parties in any matter arising out of any contract. C. The County shall be fully responsible for its negligent acts or omissions or tortuous acts which result in claims or suits against the Council and shall be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the County to which sovereign immunity applies. Nothing herein shall be construed as consent to be sued by third parties in any matter arising out of any contract. SECTION 6. DEFAULT. REMEDIES. TERMINATION This Agreement may be terminated with or without cause by either the Council or the County with thirty (30) days notice to other party. SECTION 7. .NOTICE AND CONTACT A. All notices provided under or pursuant to the Agreement shall be in writing, delivered either by hand, overnight express mail, or by first class, certified mail, return receipt requested, to the representatives identified below at the address set forth below. g~\ratty\agreemnt\interloc\TCRPC-NC Charette Master Plan -3- For the County: County Administrator County Attorney 2300 Virginia Avenue 2300 Virginia Avenue Fort Pierce, FL 34982 Fort Pierce, FL 34982 For the Council: Michael J. Busha, AICP, Executive Director Treasure Coast Regional Planning Council 301 East Ocean Boulevard, Suite 300 Stuart, Florida 34994 SECTION 8. SUBCONTRACTS A. When the Council subcontracts any or all of the work required by this Agreement, the Council agrees to include in the subcontract that: (1) the subconractor is bound by all applicable state and federal laws and regulations and the terms and conditions of this Agreement, and (2) the subcontractor shall hold the County harmless, consistent with Section 5 of this Agreement, against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement. B. The Council shall provide copies of each subcontract to the County within ten (10) days of its execution. SECTION 9. FUNDING/CONSIDERATION A. This is a fixed fee Agreement. As consideration for performance of work rendered under this Agreement, the County agrees to pay the Council a fixed fee not to exceed One hundred fifty thousand and 0/100 dollars ($150,000.00), including travel, out-of- pocket expenses (printing and reproduction costs), film processing, mail, couriers and other costs related to the services provided. B. The satisfactory completion of each month's work by the Council, as accepted by the County, shall be considered the Council's request for that month's payment. SECTION 10. ENTIRETY OF AGREEMENT The parties agree that this Agreement sets forth the entire agreement between the parties, and there are no promises or understandings other than those stated herein. g:\atty\ogreemnt\interloc\TCRPC-NC Charette Master Plan -4' SECTION 11. INVALIDITY OF CLAUSES The validity of any portion, article, section, paragraph, provision, clause, or any portion thereof of the Agreement shall have no effect upon the validity of any other port or portion hereof. SECTION 12. VENUE To the extent allowed by law, the .venue for any action prising from this Agreement shall be in St. Lucie County, Florida. SECTION 13. ATTORNEY'S FEES Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and for conditions of this Agreement shall be borne by the respective parties, however, this clause pertains only to the parties to this Agreement. SECTION 14. DELEGATION OF DUTY Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of the officers of the County or the Council. SECTION 15. FILING This Agreement and any subsequent amendments thereto shall be filed with the Clerk of the Circuit Court of St. Lucie County pursuant to Section 163.01(11), Florida Statutes. SECTION 16. EQUAL OPPORTUNITY PROVISION The County and the Council agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status or sexual orientation be excluded from the benefits of, or be sub ject to, any form of discrimination under any activity carried out by the performance of the Agreement. SECTION 17. EFFECTIVE DATE This Agreement shall become effective upon its approval by the Board of County Commissioners of the County and the Treasure Coast Regional Planning Council, the due execution thereof by the proper officers of the Regional Planning Council and the County, and g~\atty\agreemnt\interloc\TCRPC-NC Charette Master Plan 'S- BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA the filing of a certif ied copy hereof with the Clerk of the Circuit Court of St. Lucie County, Florida. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. ATTEST: Deputy Clerk ATTEST: BY: Chairman Date APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney TREASURE COAST REGIONAL PLANNING COUNCIL BY: Date Executive Director g~\atty\agreemnt\interloc\TCRPC-NC Chnrette Master Plan -6- ~b+` Attachment A Scope of Work Phase I Project Scoping/Team Assembly Task 1: Chapters 163 and 186 of the Florida Statutes provide for agreements between counties, municipalities and regional planning councils to carry out specified work programs and provide technical assistance. Such an agreement needs to be established between the County and Council. Deliverable: An executed interlocal agreement between the County and Council authorizing Council to direct the work and expend funds for the project pursuant to the agreement. Cost: $0 Task 2: Establish a team of experienced professionals to carry out the work program for the project. Areas of expertise that would need to be covered by this team include: infrastructure and infrastructure financing; fiscal analysis; transportation; water management; policy development; code writing; town planning; urban design; land management; and land development. Deliverable: Executed contracts with each of the team members who will conduct the work under Council's management and supervision. Cost: $35,000 Task 3: A bulk of the work for this project occurs in FY 2004/2005. A detailed scope of work must be developed to establish a work program and a schedule for completion of the work products. Deliverable: A detailed scope of work for the FY 2004/2005 work program. Cost: $55,000 Task 4: In order to respond to the County's new training runway, its regional wastewater treatment plant and the Visions DRI proposal, the. Charrette Master Plan must be revised. Deliverable: A draft of the revised charrette Master Plan for review by the County and Charrette Steering Committee. Cost: $60,000 ATTACHMENT "B" All items identified in Attachment "A" will be completed on or before September 30, 2004. fir. -'~ ~ ~ -` ~ AGENDA REQUEST ITEM NO. 5 • ~ DATE: August 17, 2004 ~~ [ l PUBLIC HEARING [ ] CONSENT[X] T0: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Agriculture Anita S. Neal SUBJECT: Board of County Commissioners consider the approval of request to establish a Growth Management Agent position funded 50~ by each the University of Florida and St. Lucie County using funds available. BACKGROUND: see attached memo FUNDS AVAIL.: 001-3715-512000-300 Salaries PREVIOUS ACTION: n/a RECOMMENDATION: Staff recommends the Board of County Commissioners approve the request to establish a Growth Management Agent potion. Approve POSO4-057. COMMISSION ACTION: [X] APPROVED [ ] DENIED [ Approved 5-0 Doug Anderson County Administrator Review and Approvals County Attorney: Purchasing Originating Dept. Management & Budget~~~ Finance: (Check for Copy only, if applicable) OTHER: Other: G~71Yrn M~ _Other : ~ti Eff. 5/96 AGENDA REQUEST DATE REGULAR [ l PUBLIC HEARING [ ] CONSENT[X] T0: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Agriculture SUBJECT: Board of County Commissioners establish a Growth Management Agent University of Florida and St. Lucie Cot `~' ITEM NO . 5 August 17, 2004 PRESENTED BY: Anita S. Neal consider the approval of request to position funded 50~ by each the inty using funds available. BACKGROUND: see attached memo FUNDS AVAIL.: 001-3715-512000-300 Salaries PREVIOUS ACTION: n/a RECOMMENDATION: Staff recommends the Board of County Commissioners approve:- the request to establish a Growth Management Agent position. Approve Pos04-057. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] Doug Anderson County Administrator Review and Approvals County Attorney: Purchasing Originating Dept. Management & Budget 1~~ Finance: (Check for Copy only, if applicable) OTHER: Other: G~71,~m it~ _Other : ~f~ Eff. 5/96 ~IVr' AGRICULTURE MEMORANDUM TO: Doug Anderson, County Administrator FROM: Anita Neal, County Extension Director DATE: August 10, 2004 RE: Growth Management Agent Position C~(~NTY '~= F L O R I D R~ Due to a change in University of Florida funding for Extension Agents, the St. Lucie County Extension Service now has county funds available to support an additional Agem position. Our Commercial Horticulture Agent, who was 100% county funded, has had ~00% of his salary picked up by UF. Additionally, the University has funds available to support 50% of this new agent position. After reviewing the needs of this county, staff has determined that an Agent focusing on growth management issues in St. Lucie County would be most appropriate. Attached is a job description developed with input from the Interim Growth Management Director since this new Agent will work closely with their department. This Growth Management Agent will be covered under the Memorandum of Understanding between the University of Florida and St. Lucie County. We request this position start at a Pay Grade 21 level, ranging from $40,577.06 to $64,079.18 annually Staff recommends the Board approve Position Request #POSO4-057 for a Growth Management Agent funded 50% by St. Lucie County and 50% by the University of Florida. ASN/ca Position # Growth Management Extension Agent I, II, or III St. Lucie County (South District) Ft. Pierce, FL Application Deadline: 08/31/04* or until the position is filled. Date Available: 10/01/04 The purpose of this position is to enhance the social capital of St. Lucie County so that residents will be able to effectively collaborate with local and county governments in the implementation of beneficial growth concepts and their patterns in their communities. Enabling people to develop solutions and involving the community input early and often in the planning process vastly improves public support for planned growth and often leads to innovative strategies that fit the unique needs of each community. This person will work closely with the St. Lucie County Growth Management Department and other agencies. This agent will be expected to work with an advisory committee to help develop, implement and evaluate an educational program. Methods will include community teaching, electronic web-based communications, facilitating consensus-building, and other inclusionary processes that consider long-term visions, multi-dimensional indicators and finding the unique local balance of quality of life. Tools will include conflict and consensus approaches to decision making and change, GIS technologies, and charrettes and workshops to facilitate community input. The successful candidate must have excellent communication, facilitation, and computer skills. Experience with facilitation and GIS technologies is preferred. Experience in planning and community development and working with local, state, and federal development agencies is preferred. A bachelor's degree in a community development or urban and regional planning related fields is required, but a master's degree is preferred. The county requires successful completion of a physical and background check. Extension programming in St. Lucie County is a cooperative undertaking between the County and the Institute of Food and Agricultural Sciences at the University of Florida. As such both partners are involved in the supervision of the office and contribute to the salary and support resources. Extension is well integrated in the St. Lucie County Government structure and operates at the department level. St. Lucie County, in southeast Florida, with a population of over 200,000 is one of the fastest growing counties in the nation. The Extension office is located in the City of Ft. Pierce, close to the intersection of State Road 70, I-95 and the Florida Turnpike. It is within a half mile of one of the 16 OF/IFAS Research and Education Centers in the state and close to a satellite campus of Florida Atlantic University, and Indian River Community College. `~ _- f . WW ~~ ~ L f '~ O O V C ~ O ;«_ _ to -p 0 N N - O~ O C> Y 4 -- (c0 ~ m O W W O ~ Q ~ to -O ~ ~ N C ~ ~ ~ ~ (0 Q ~ ~ ~ O O ~«- O O O O ;~ ~ C O N O Q~ N . ~ ~ ~ U ° ~ ~ _ M ~ z O z °' c~ °-0 Z ~ 3 v c~ EL c o ~ V1N m m c''''o~~ _~~ ~ ~ ~ ~ N O . ~ ~ N ~ ~ ~ M C c 0 ~ _ L O 'C ~ O O N~ L ° ' o C N o ~ ~° o o c i o ~ O~ m- ~ L ~ UQ W ~ ~ N ti" ~~.~~~.~,~m X 0 0 0 C N~ O .p z ~ u? o~ c.~,rn~, E-o N o ° ~ c ~ .aC C N~ O O~ ° V Z J ~ Q ~ . p c~v ~ v~ t ,~ ~- .c ~ o ~ E s~ c° c Q V ° °~ o~~ o~ ° ~ c Q w i a ~c~~Q LL ~ ~ ~ O m c Q ~ g > ~ ~ a -. ~ v ~` ~ , .o N N ~ N ~ ~ p ~ C7 ;` E'~ ~ E ~ ~ N v Q c~L ~~~ _ Q _~ ~ ~ voi Q .... ~~ a W m o o d° o o E ° W ,~ ~..= c~ cn c~v ~ ~ z o -d rn ~~ o~ m ~ Q Z w -', w ~ m L~Q c.... ° ~ ~ m'~n m _ :c~ m °,orn~N mrn a~m~ V~ Z ~~ ~ N~ `~' V' L U N L ~~ p~ "~'' a o z Q ~ ~cm 3 ~c °rnQ ~ L ~ mc J . = - c i c ° H ~ ~ _~ ~o~c°~~~m~ °c.~•~mc°v~m~•~, ~ ~ .? O ~ ~ ~ ;o cn z _'~ c • a~ ~ ~~~~ L m~~ m m ~ ~ ~ o ~ O ~ O w cv a~ - ~ o E c L cn a v '.~ vQ a o --inUC~ rnc F H '~ ~ ° z O ~ w ; ~ _ o ,. vim ~ a ~ z g Z O z `~ u ~ a N F„ ~m ~~J ~z~ =: . N ~ o W ~ ~w0 aW0 ; ~ o o '~a ;: cnmF- -~ n. AGRICULTURE MEMORANDUM TO: Doug Anderson, County Administrator FROM: Anita Neal, County Extension Director DATE: August 10, 2004 RE: Growth Management Agent Position ~..~~ C~iulvY~r F L C3 N I p R - Due to a change in University of Florida funding for Extension Agents, the St. Lucie County Extension Service now has county funds available to support an additional Agent position. Our Commercial Horticulture Agent, who was 100% county funded, has had 40% of his salary picked up by UF. Additionally, the University has funds available to support 60°fo of this new agent position. After reviewing the needs of this county, staff has determined that an Agent focusing on growth management issues in St. Lucie County would be most appropriate. Attached is a job description developed with input from the Interim Growth Management Director since this new Agent will work closely with their department. This Growth Management Agent will be covered under the Memorandum of Understanding between the University of Florida and St. Lucie County. We request this position start at a Pay Grade 21 level, ranging from $40,577.06 to $64,079.18 annually Staff recommends the Board approve Position Request #POS04-057 for a Growth Management Agent funded 50% by St. Lucie County and 50% by the University of Florida. ASN/ca ~- 'III` Position # Growth Management Extension Agent I, II, or III St. Lucie County (South District) Ft. Pierce, FL Application Deadline: 08/31/04* or until the position is filled. Date Available: 10/01/04 The purpose of this position is to enhance the social capital of St. Lucie County so that residents will be able to effectively collaborate with local and county governments in the implementation of beneficial growth concepts and their patterns in their communities. Enabling people to develop solutions and involving the community input early and often in the planning process vastly improves public support for planned growth and often leads to innovative strategies that fit the unique needs of each community. This person will work closely with the St. Lucie County Growth Management Department and other agencies. This agent will be expected to work with an advisory committee to help develop, implement and evaluate an educational program. Methods will include community teaching, electronic web-based communications, facilitating consensus-building, and other inclusionary processes that consider long-term visions, multi-dimensional indicators and finding the unique local balance of quality of life. Tools will include conflict and consensus approaches to decision making and change, GIS technologies, and charrettes and workshops to facilitate community input. The successful candidate must have excellent communication, facilitation, and computer skills. Experience with facilitation and GIS technologies is preferred. Experience in planning and community development and working with local, state, and federal development agencies is preferred. A bachelor's degree in a community development or urban and regional planning related fields is required, but a master's degree is preferred. The county requires successful completion of a physical and background check. Extension programming in St. Lucie County is a cooperative undertaking between the County and the Institute of Food and Agricultural Sciences at the University of Florida. As such both partners are involved in the supervision of the office and contribute to the salary and support resources. Extension is well integrated in the St. Lucie County Government structure and operates at the department level. St. Lucie County, in southeast Florida, with a population of over 200,000 is one of the fastest growing counties in the nation. The Extension office is located in the City of Ft. Pierce, close to the intersection of State Road 70, I-95 and the Florida Turnpike. It is within a half mile of one of the 16 OF/IFAS Research and Education Centers in the state and close to a satellite campus of Florida Atlantic University, and Indian River Community College. ~/ ~...i1 ~'~ C m C ~ L ' . ~ N O c ~~- ~ O 'a W ~ U O O W W s _ N _'w -_ ~ ~3mo' Y`~~ =p y 'D ~ ~ - ~ .r C ~ ~ t/1 ~- N C c 0 0 C. ~+ m ~ 0 ~ x; ,, , N "- c O c O _. acom~ amv~ W o o c~~-mvc~ ~~a ~ ~ O O c ~Q ~- ~ U = ~ ~m ~°ao N _ t/~M W ~- W ~ -° - ~0~cc~ morn ~ 'O ' m ~ ~' O ~N o C ~ O O ~ooac~ om~ ? o 0 O~ ~ c~o~;'3 •~~m VQ W ~ Nti mac m.,ui~cm E N~ N O~ i ~ ~ c ~ m o O ~ m.~N N E'~ ~ ZJ ~- . o°Y~.~~.c~`-~ V a ~a ~noe~,E~~~°~.. ~ O V W O I L O O N O ~ ~' O~ ~ ~ v o ~ o ok~ o~>s~m>>m~ ~~t~c mc Q a ~ m>->-k 3 m m Q ~ .. . O ~ ~ w .. ~~ ~ ~ ~ as m W N `~ O V O O O E y j a3 m~i ao •~ Z _ ~ pp~ m "O N N E Q Z O W - W O .«. D) t~ C .. U~ m di C¢ m m m O C7f ~~ U_ ~- Q e~ n to c i N ~ ~ ~ Q ~ ~ m ~ •~ W ~ a Z _ ~ W O NO ~ p LL. L ~ mt N -gyp 0 v j = a ~ 0 ~ ~ c ° "~ Z c im 'yc ~~=m ~ ~ • H ~ ~ -.~ `o~cc ~~ ~~ m U m c m `~ ca v n. Z y~ ~~EL~mc~m~~ o ~ O v ;-~ c~ t ..: O~ ~ C~ 0 0 HtoUC~ rnmQ ~E o O a ui : ~ i= '. ~ ` z o z 11J ~ ~ ; ~ ~`~ `'' F ~ ~ ~ Z ' d1 ~ ~ ~ mh ~' ~ Z O O 5 ~ u . ~Wa~ ~ ~ F ~ W ~ ;~`O QWO~~', ~ O 0 0 -~~:~ - a m a AGENDA REQUEST `/ ITEM NO. 6 ~ DATE: August 17, 2004 REGULAR [] PUBLIC HEARING [] TO: SUBMITTED BY (DEPT): SUBIECT: BACKGROUND: Board of County Commissioners Administration Board of County Commissioners Meeting schedule changes for November 2004. It has been requested that the Board of County Commissioners make the following changes to the November 2004 meeting schedule. November 2, 2004 Board of County Commissioners meeting will be changed to 9:00 a.m. November 9, 2004 Board of County Commissioners meeting will be changed to 6:00 p.m. November 16, 2004 Board of County Commissioners Reorganization meeting will be changed to 9:00 a.m. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: APPROVED[] DENIED [] OTHER: Approved 5-0 N/A N/A Staff recommends that the Board approve the changes to the Board of County Commissioners meeting schedule for November 2004. CONCUR CE: D IaSIM. Anderson County Administrator Review and Approvals County Attorney: Management 8i Budget: Purchasing: Originating Dept: Other: Other: Finance: (Check for Copy only, if applicable) Effective: 5/96 CONSENT [X] '` ~`~.. •.. ~t~ ~T~ AGENDA REQUEST ITEM NO. 6B DATE: _August 17, 2004 REGULAR: ( ) PUBLIC HEARING: ( ) ~ONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ADMINISTRATION PRESEN~E,~ BY: Do+<iglas nderson Coun Ad inistrator SUBJECT: Commissioner/County Administrator Travel BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: Grant authorization for in or out-of-state travel for the County Administrator and any member of the Board during the FY04-05 fiscal year. ~ APPROVED O DENIED O OTHER: Approved 5-0 ^ County Attorney: ^ Originating Dept: CONCUR CE: D s Anderson County Administrator Review and Approvals ^ Management and Budget: ^ Other: ^ Purchasing: ^ Other: ^ Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462- 1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. H:\WIN\0 WordWgendaw\TraveIFY0405.doc AGENDA REQUEST ITEM NO. 6C DATE: August l 7, 2004 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Administration M~Ariders~fi, County Administrator SUB ECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: Housing Finance Authority Appointment Commissioner Coward has requested that Ms. Jill Olen serve as his appointee on the Housing Finance Authority. N/A N/A Staff recommends that the Board ratify Commissioner Coward's appointment of Ms. Olen to the Housing Finance Authority. ~ APPROVED [] DENIED [] OTHER: Approved 5-0 CONCURREN Douglas M. Anderson County Administrator Review and Approvals County Attorney: Management 8T Budget: Purchasing: Originating Dept: Other: Other: Finance: (Check for Copy only, if applicable) Effective: 5/96 /'"' St. Lucie County J~~~ Cp~i'r .~ 'Soa^d o_ f CountY_Commissioners ~~~ Apalication Tor Servin~on County Boards and Committees '2 R~ p.l Thenl: you for applying for c positior, on one o; St. Lucie County's nany advisory boards and co:nr„ittees. T F;e rtiinim::m requiremznts far comr„it'ee membership ere: *hlust be a Ce~nty resident *Must net be rzlated to another cammtttee r:;zmber, County Ca.;.missioner or County empln•:ee involved with tre cemmittec of interest *lAust net be. a ;1pie}'ed by tine same business entity cs other co.~,mittee nembzrs, "Must not serve cn r;,ore than 2 County co;r~rt!ittees Note: So.~,n ccmir.ittees nave additional require~rents, please ing4ire when submitting this application. n ad9iticn, service on committees with plannirc, ~or.ing or natural resources respensibiiities mcy require disclosure of tinarci_l interests. Piease conplete the follov~ing information: 2. 3. 4. 5. o. 7. Pi.EASti INDICATE THE COM!~1'_'TTEE(5) YOU ARE INTERESTrD IN, SEE THE REVERSE SIDE HGM:: p.DDRE55:_ . 4'JNICH COr1,1~1T_SSION~~ISTRICT DO YOU LIVE IN? BUSItiE55!O U ~=. _J i3U5INE55 nDDRESS: ~,._~ _, .., -„_~ ,'' BRIEF RESl1rr,E nF EGUCAT-sON b EX?cRIENCc:(please ~trech resume) F DO YOU C:.rR?EN"±'~` SERV= ON A COUN'.Y C01,"",'+1=-:~c(5}. IF SO, PLEASE LT_ 5 T: /fig -- ----- g, V.'Hl' DO )'Oli TF;rN;< }' ~ ARE QUALIFIED TO S% ~rE OIL THE CG.447'~ITTEE{S} ~, , lr yJ.C,~,r4p YOU CONSIDER SERVTNS O, ~.NO r ~'.R 60ARD OTHER TNAN T ONE(S) STATED ~~ ~:~ `_ DATE: ~ 'r~~L - Si~N;,TUR=: , ,V,AIN EFFEC :vE OR ON_ YEAR Submit ta:5`. Lccie Coorty %-d^inistrato=5 Office ~ ~- Fierce. Fi. 's=9S2 F'^.~ne: 462.1•~~3 2_0~ Vir~in'c A~z., ~ .. ' i S; ~~ i p_'2 I• ST. LU~IE C.. JNTY ADVISOR)` 84ARD5 A~1G=J11,N,ITl'EE CITIZEN APPaINTI'1~ENTS AVAILABLE Please check the committees you are interested in: o Beach Preservation Task Force ^ Board of Adjustment e Central Florida Foreign-Trade Zane, Irc. c Children's Services Council ^ Citizen's Budget Development Committee. ^ Code Enforcement Beard ^ Community Qevelopnent Block C-rant Citizen's Advisory Task Force ^ Contractors Certification 8~a^d ^ Cultural Affairs Council e Emergency h4edica! Services Advisory Council ^ Environmental Hearing Board a FL Dept. of Children and Family Services Committee District 15 e FI. Dept. of Children and .amity Services Nominating Qualifications Reviev,~ Committee District 15 a Fort Fierce Harbor Advisory Committee c historical Comn:ssion ~/ Housing Fi.norce.P.uthority Investment Committee ^ Library Advisory Board c Plcnning & Zoning Commissior./Coca! Planning Agency ^ Restudy Coordination, Committee ^ St. Lucie County Recreation Advisory Board ^ Tcur~st Development COUnGII _ Treasure Cost Heath Council, inc. _ Treasure Coast Regional Economic District/Overall Economic Deveiopr,;ent Proarar•, Cor-mittee ^ `v'eaGtafian Pr:tectior Committee s Jill Jackson Olen - ' - 181b Hazelcvood llrive Fort Pierce, Florida 34932 (772) 46a-8889 HIGHLfGHTS OF EXFEKIENCE habitat for Humanity International :1ffilizte Suppon Vlatnager (803 to present) • Cen7a1 and South Florida affiliate (351 support; includes training; comnlurnications with F}abitat for Humanity International, trienrdal reviews, joint problem soh•irfig attd conflict resolution, grant review. public speaking United For Families Provider Relations Coordinator (2,'03-&-03 j ^ Organization in start up w privatize the chid welfare s~'stern (Department of Children and Fa.:nilias), responsibilities included strve}'ing foster parents and service providers to analyze currerfit s}•stem and contribute to the design of the structure of the new organization. • Attended Foster Parent Association lvleetings. helped plan annual pictfiic. ^ Attended conlmunfiity coalition meetings to maintain ativare:less ofcu<<ent situation of sen~ces in :he tour county area (I)fs?rict 1 ~?. Habitat for Humanlrti~ Executive Director fit. Lucie Habitat for Humanity- (,1998-2062j ^ 15 houses built to date with Si. Lucie affiliate. Participated in two Jilr~rny Carter 1~rorl: Pr..jects (P~Eeville, I<.Y and Houston, TX). Attended State, Regional, and Executive Director Conferences, as yell as man}• t_a'iairQ events and troundtabies. Chamber Lezalarship St. Luc:e- Clss XVII graduate scholarship granted by Council of Socisl Agen~iesj. Completed Du'.<e Certification in Non-Profit 14Sanxgernent (scholarship granted by Council Agencies). ^ De~~eloped tw•e successful annual.'utldraisers• Affiliate received Top 40 designation within asst five years. Aii~liate named "\on-Profit Agency ofthe Year" by Cou-lcl~ of Social ¢encies. Participated with City of Fort Pierce, United ~`ay, and Couneii on Agile to esablsh a yearly "Paint the Tow:n° project. •_nitiated the establishment of a Restore facility to help sustain affiliate administratiorJsaL~ries, hind additianal houses, and after low-cost materials to the corrnmunitt-. ^ Hired staffto accodplis'n expansion goa'.s. Guided staff in establis}ing and implementing strategic plan. ^ Working extensively withil comztu:tity to inereas: awareness of current housing problems in S*. Lucie County and establish colaborative efforts with other non-Profit service providers and ~,ovemment agencies in our area. Nominated as "~ionTlan of Distinction" i Z00?) by St. Lucie Coanry Seroptimist Ciub. p . 4 ... +' . Habitat VISTA (] 99~-1498} • Work plat. wa; to spur oft St. Lucie aftiiiate from Iraartin%St. Lucie LiFH in \-lartin County. Foimdine of St. Lucie HFH afrliate included demogrzphic research and s~sbnussion of application for a~'iliatior., deg°elopin, steering comrrlittee, hOaru. of directors :and ~.vor'sino committees. Developed public relations program with extensive media coaerage of builds and weras. '+4ember of$oard ofDirccto~, h4a_rtirJSt. LucieHF~-I (1993-1995) ^ Director, Board Secretary and Chair of Family Selection. Extended afniiate's reach «ithin St. Lucie County. Laid gmurdwork for spL'tting of affiliate. ^ Started repair program at \•iar tin;`St. Lucie a~'iliate, revised family selection ntetnods to coincide with international Standards. Prior tv Hnbirat jot Humaritr Past work experi~rn.e has ir:clu~ed: ^ .Administrative assistant to director ofpri,-ate Ch_~stiar. school with duties incl-u,~ting project coordinator, writing and admirtirt-ation. of feceralgrant programs, new•slettzr production, community liaison, and derebpment of 4d~~ssey of the lvlind prog:.~m. ^ kcal estate sales. - ^ Co-foender of promotio.^s corr,;any. ^ $uver for pillion-dollar dress depaztrr>zn: ('responsiole for purchasing and sales); merchandise cot:nselor for five r_vllior+. dnlar division (executive level branch store sup°_rvision a~~d communication with buyers and merchandise tr>anagers). EDUCATION aRgTf'..41N(NG 2002 I?ttke,'Habitat Non-Proti: ~faraeentent Certificate 1980-2006 Indian River Cemmttnin• College Fort Pierce, Florida, - Sep-retarial, CoGI and 'Jesiorl, Basic Computers, Fez: Estate, Photography, l~~Iicrasofi Nord Master Certificate 1977 ftkron I;tvver>ity, f1l:ron, Chio -Real Estate Licensing Classes 1971 A1. S. Ed. -College Student Personnel Adminisc-ation-Indiana L; ni•:erin, S(oomia~tgton, Indiana 1970 B.S., FrenehlPolitical Science -Purdue Univzrsity,lVesLafayette, ird 1969 Universite de Strasbourg, Institute Pour Strangers -Strasbourg, Fn~lce 1966 Wlkge Preparatory Graduate, North CenLval High Schaoi, hdianapolu, Inc'iarta Seminars - l•4arketing and Cor~:rnutications the Disney Way, Public kelatiort_. Fundraising for I~orrPr~t Organizations. \~'ord Perfect, Pagel~iaker '~111r/ AGENDA REQUEST ITEM NO. 6D DATE: August 17, 2004 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: SUBMITTED BY DEPT SUB ECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: Board of County Commissioners Administration Housing Finance Authority Appointment Commissioner Barnes has requested that Ms. Trisha Pollard serve as his appointee on the Housing Finance Authority. N/A N/A Staff recommends that the Board ratify Commissioner Barnes appointment of Ms. Pollard to the Housing Finance Authority. ~ APPROVED [] DENIED [] OTHER: Approved 5-0 CONCURR Douglas M. Anderson County Administrator Review and Approvals County Attorney: Management 8i Budget: Purchasing: Originating Dept: Other: Other: Finance: (Check for Copy only, if applicable) Effective: 5/96 ~~ ~~J~~e coGy /~ ~: , '°L OR\Oa AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 ITNO. C-7 DATE: August 17, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: /~~!tG~ /-Michael Powley, P. . County Engineer SUBJECT: Amendment No. 8 to the Consultant Agreement with Inwood Consulting Engineers for additional optional services funding to assist the ongoing property acquisition for the S. 25th Street Roadway Widening Project (Midway Road to Edwards Road). This will not delay the bidding of this project. BACKGROUND: The attached Amendment No. 8, as prepared by the County Attorney in the amount of $50,000, is for additional optional land acquisition services for the S. 25th Street Roadway Widening Project. This additional work will not delay the bidding of this project. FUNDS AVAIL.: Funds will be made available in: 101006-4116-563005-4108 Transportation Trust-Impact Fees. PREVIOUS ACTION: September 12, 2000 - BOCC approval of Joint Participation Agreement with FDOT to reimburse, design and construct the South 25th Street widening. On February 23, 2001 an RFP for consultant services was advertised for design of South 25th Street Roadway Widening. Proposals were received on March 21St, three firms were shortlisted on April 10th, and the Board approved negotiating with the top ranked firm, Inwood Consulting Engineers, on April 17th. On September 11, 2001 the Board approved the agreement with ICE in the amount of $1,219,258.94 for design, permitting and land acquisition services. Because of pending issues with Earthtech, Inwood's sub- consultant for land acquisition services, staff re-agendaed the agreement with ICE to exclude land acquisition services. On October 16, 2001 the Board approved the agreement with Inwood in the amount of $1,002,106.94 for design and permitting of South 25th Street Widening. Amendment No. 1 was approved on February 5, 2002 in the amount of $39,245.63. The first amendment to the contract became necessary after the FDOT realized that it would be unable to perform the Bridge Hydraulic Analysis and Report it had agreed to do. Inwood then undertook this responsibility. On May 14, 2002 the Board approved the Amendment No. 2, as prepared by the County Attomey, along with Inwood's scope of services in the amount of $352,301 for land acquisition support and services for South 25th Street Roadway Widening. (All costs associated with the design and permitting of the project are reimbursable through our Joint Participation Agreement with FDOT. Costs associated with the land acquisition work are the responsibility of St. Lucie County, including land purchase costs.) Amendment No. 3 was approved on August 13, 2002 to provide additional engineering services related to the very compressible soils recovered in the borings for the new bridge crossing 10-Mile Creek, and additional survey work to support the acquisition activities. This amendment was for $59,968.60 and brought the total contract amount to $1,453,621.77. This amendment also extended the contract time to June 30, 2003. ~~ January 7, 2003 -Amendment No. 4 - a revision to the Second Amendment for a redis~bution of previously allocated funds to the Consultant Agreement with Inwood Consulting Engineers (ICE} for Land Acquisition Services for the South 25th Street Roadway Widening (Midway Road to Edwards Road). The number of parcels has decreased but the services of Earthtech's sub-consultants has increased. No change in project cost. May 6, 2003 -Board approved Amendment No. 5 to Inwood Consulting Engineers Consultant Agreement for additional surveying services and engineering design services for the South 25th Street Widening in the amount of $37,151.25. December 16, 2003 -Board approved Amendment No. 6 to Inwood Consulting Engineers Consultant Agreement to provide expert witness services and post design services for the South 25th Street Widening Project in the amount of $49,968.00. April 13, 2004 -Board approved Amendment No. 7 to Inwood Consulting Engineers Consultant Agreement for S. 25th Street Improvements at the intersection of Midway Road in the amount of $51,796.65. RECOMMENDATION: Staff recommends the Board approve Amendment No. 8 to the Consultant Agreement with Inwood Consulting Engineers for additional optional services for land acquisition activities for the S. 25th Street Roadway Widening Project in the amount of $50,000, and authorize the Chairman to sign. COMMISSION ACTION: APPROVED [ ]DENIED OTHER: Approved 5-0 [x]County Attorney , •\ [xjOriginating Dept. Public Works W S25thamendment8.ag CONCURRE E: D as Anderson County Administrator Coordination/Si na/tu~res [x]Mgt. & Budget, /~/ ~ [x]Revenue Coord_~ [x]Co. Eng ~V~ (]Road/Bridge !°1 N S 1 1 ` "1" ~ ~ ~ SLC-008 r `! V ~~~~..~ ~w~lw~~~s civil i ~nvironm~ntol W Trc~~ns~ortotion 870 Uark Street Oviedo, florido 32765 Business: (407) 971-8850 Fax: (407) 971-8455 August 10, 2004 Mr. Michael V. Powley, P.E. St. Lucie County Engineering Division 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 Re: 25`'' Street Widening Midway Road to Edwards Road Supplemental Fee Proposal Expert Witness Services Dear Mike: We are very pleased to present the enclosed Supplemental Fee Proposal to provide Expert Witness and other Post Design Services. We look forward to doing this work and are willing to begin as soon as instructed by the County. In doing this work, Inwood will support St. Lucie County and Earth Tech in appraisal and acquisition activities: providing drawings, cost estimates and other exhibits, and meeting with property owners, County staff and FDOT (as needed). Other services, such as the preparation of legal descriptions, sketches and parcel staking may also be performed by asub-consultant on an as-needed basis. We propose to provide these services on an hourly Limiting Amount (LA) basis, not to exceed $50, 000.00. Hourly rates are to be as follow: Deseri Lion Hourly Rate Princi al $150.00 Pro~ect Manager $ 135.00 Senior En ineer $ 105.00 Pro~ect Engineer $ 81.00 Desi er $ 66.00 Should you have any questions or comments, please call. Very truly yours, INWOOD CONSULTING ENGINEERS, INC. ~~~ Andrew D. DeWitt, P.E. Project Manager cc: Pierre Navaille ~:\clericsl\johslslc-0081s1c-008(25th street}lfeeptuposalsicoverletter-pnwley(8-10-~).doc +r AGENDA REQUEST ITEM NO. c-8 DATE: August 17, 2004 \1 i REGULAR [ ] PUBLIC HEARING [ ] CONSENT[x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): CENTRAL SERVICES PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBJECT: NEW CLERK OF COURT BUILDING= `AIR-CONDITIONING" BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 310003-1930-562000-100 (Buildings) PREVIOUS ACTION: Clerk of CourtlJudicial System-Edlund Dritenbas Binkley-#C01-01-266 Board approval on: December 17, 2002 C-6 New Clerk of Court Building December 16, 2003 R-6A Old Courthouse Renovation December 16, 2003 R6-C Monumental Stairway RECOMMENDATION: Staff recommends the Board of County Commissioners grant approval to use the services of Edlund Dritenbas Binkley Architects/Continuing Contract #C01-01-266, through a Work Authorization as prepared by the County Attorney, in the amount of $110,000.00 for Phase I of the Chiller Plant Facility and authorize the Chair to sign the Work Authorization. Staff further recommends the Board of County Commissioners approve not to exceed $140,000.00 to lay chill water pipe along 2nd Street and piggyback said work (Contractor yet to be determined). MISSION ACTION: [xj APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 ~~~s.. County Attorney: Originating Dept: " ~ Finance: (Check for Copy only, if Applicable) Coordination/nSign,/ay-t~ur~e/s,,., Mgt. & Budget:~~/ /'/~Y K%/ Other: CONCUR NCE: D g nderson County Administrator Purchasing Mgr.: Other: Eff. 1 /97 R: \AGENDA\AGENDA-CLERK OFCOURT AIR-COND SYSTEM. DOC COUNTY .~`` F L O R I D A- MEMORANDUM DEPARTMENT OF CENTRAL SERVICES To: Board of County Commissioners From: Don McLam, Central Services Assistant Director Date: August 12, 2004 Subject: Clerk of Court New Building - "Air Conditioning System" On December 17, 2002 the Board of County Commissioners approved the Architectural Services of Edlund, Dritenbas, Binkley & Associates under continuing contract CO1-O1- 266 for long range planning of this multi-faceted project. Since that time the Board of County Commissioners has approved the design phase of; 1) New Clerk of Court Building, 2) Monumental Stairway and 3) Renovation of the Old Courthouse. Along with the funding of the Clerk of Court Building. Plans are near completion with an anticipated date of bidding by late September. Floor plans have been reviewed and approved by the Clerk of Court supervisory staff. With actual construction beginning sometime late this year. Our current Courthouse Chiller Plant is 15 years old and consists of two 215 ton units. These units are able to serve the current conditions of both courthouses. The long range analysis indicates the need for replacement and increasing the size of this Chiller Plant to three 300 ton units. This change will provide sufficient air conditioning for the new courthouse, renovated old courthouse, new Clerk of Court Building (57,000 sq.ft.), future two floors of the Pubic Defenders Office and conversion of the existing two floors. The opinion of cost for the new Chiller Plant is $1,906,700.00. Phase I ($110,000) of this project will be the design of the building and chiller plant facility. Phase 2 ($1,796,700) will be construction of chiller plant facility and laying the of the pipe. The City of Ft. Pierce is now in the process of renovating 2°d Street, we need to take advantage of this opportunity and put in the chill water piping during the street renovation. This will save us time, money and bad press later. The architects opinion of cost for the two hundred or so feet along 2"d Street should be less then $140,000.00. To facilitate this project staff will need approval to use the services of Edlund Dritenbas Binkley Architects and Associates for the design of a new Chiller Plant Facility (Phase 1). Piggyback onto an existing contract for laying the chilled water pipe. Make funds available at this time in the amount of $250,000. With the understanding that once the construction starts on the New Clerk of Court Building the remaining funds $1,656,700 are made available to complete the Chiller Plant Facility. CC/Doug Anderson, County Administrator Ray Wazny, Assistant County Administrator Roger Shinn, Director CS 03. 1 1. 04 09 U8/lU/YUU4 '1"Uk; 15: U1 3 AM ~ 13 D L V N D/ D R I T. V B. !•'AX -~~~ ~ULUhU lllt!'1'l:N13A5 ~~l AssQCia~as, lr~c. tJonsulifng Engineers Fax Transmittal P O 1 IQ1001/UVL RSSOCIATE: lNC. To: City of Ft. Pierce, Engineering Oate: Dept. Att: Jack Andrews Fax #: (772) 460-6847 Pages: From: Jason Smith Job #: 03175 August t0, 2004 2, including this cover sheet. Re: Clerk of the Court -Underground Utilities -2nd St. GOMMEIVTS: We are currently designing the mechanics! systems for the new Clerk of th® Court building to be constructed on the northwest comer of Atlantic and Indian River Blvd. in dvwntvwn Ft. Pierce. We are going to upgrade the central chiller plant at the existing courthouse to service this facility far the air conditioning systems. As a result, we are going to need tv instal! two 8" chilled water sines, one supply and one return from the new plant to the new building. Per our conversation, we are hoping to have the piping in the area of 2"d St. that is currently tom up installed now to avoid having to rip up the rued again later. The attached sketch is from an aerial photo. Hopefully it is legible enough for you to review. Basicatly, we need to run the piping from the southwest comer of the existing courthouse building to the open courtyard area on the north s(de of the same building with stub~uts provided in each lacatlon for our future extension. The county services department is to present this information with a proposed cast to the commission next week for approval. Please review the attached information as soon as passible and set me know what needs to be done in order to incorporate this worts. if you have any questions or need to discuss any details, please contact me at your earliest convenience. Thank you. cc: Paul Dritenbas - EDB 477 CentaPoRrle CGnie, Suite 1825 2A30 Harbariorrri Otrve, Sulfa C 2665 Forest }i111s 61vd., Suite 225 ARanlorde Springs. FL 32701 Ft Pl~rx, FL 34946 Walt Pero Bcach. ~ 33406 Phone: X407} 332110 Phone: (772) 466-1165 Phone: (5&1)983-9800 Fsx (407'} 332-7704 O8. 1 1. O4 OO3AM ~EDLUND/DRIT. VB. 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