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HomeMy WebLinkAboutAgenda Packet 02-21-06St. Lucie County Board of County Commissioners Date: February 21, 2006 #6 The Reserve Island Club (PLEASE PRIN ©A) elf Name: Address: / //lu 3l9 Phone: U tol!� 2'� If representing a group, name of group: St. Lucie County Board of County Commissioners Date: February 21, 2006 #6 The Reserve Island Club (PLEASE PR1N7) Name: /� !/��L S� 1-14 Address:[ — Phone: 'x C;Z' If representing a group, name of group: St. Lucie County Board of County Commissioners Date: February 21, 2006 #6 The Reserve Island Club (PLEASE PRINK Name: Address: O �?O O &,A2 t Phoner-77P- - WV • YZ-L2,-- If representing a group, name of group: _ St. Lucie County Board of County Commissioners Date: February 21, 2006 IF • #6 The Reserve Island Club (PLEASM'4 Name: / "C-f,* ' Phone: 1- 7y i I — if representing a group, name of group: St. Lucie County Board of County Commissioners Date: February 21, 2006 #6 The Reserve Island Club (PLEASE PRINT) Name: Address: Phone: 79 - �6 / —aa & 4 If representing a group, name of group: Aes- IRS P St. Lucie County Board of County Commissioners Date: February 21, 2006 #6 The Reserve Island Club (PLEASE PRINT) Name: H A Address: Phone: If representing a group, name of group: St. Lucie County Board of County Commissioners Date: February 21, 2006 #6 The Reserve Island Club (PLEASE PRIX7) Name: v L 1 T Z Address: 9 o •01 Phone: dt - y & U - aAoC K C/' If representing a group, name of group: St. Lucie County Board of County Commissioners Date: February 21, 2006 #6 The Reserve Island Club (PLEASE PR►N7) Name: I f C4 AS; C34a4 Address: �(�3�D �� 4,�✓� lily ; mn 4 tc�a�/ Rory! ,( Phone: If representing a group, name of group: St. Lucie County Board of County Commissioners Date: February 21, 2006 COUNTY #6 The Reserve Island Club (PLEASE PRIM) Name: Lit LLIAM Address: Phone: Z 74 7 66 79 If representing a group, name of group:c��'a St. Lucie County Board of County Commissioner Date: February 21, 2 6 #6 The Reserve Island Club (PLEASE PRIN7) Name: 1> t PrIti L-E-A"le—`1 Address: 9 -73 3 7Z K P S o,,,D P 01 K)-T- Phone: If representing a group, name of group: St. Lucie County Board of County Commissioners ~ Date: February 21, 2006 COUNTY 1 #6 The Reserve Island Club (PLEASE PRINK I Name: / ` � Address: Phone: ��a1-�� - 6/D 2 If representing a group, name of group:. St. Lucie County Board of County Commissioners Date: February 21, 2006 OUNTY #6 The Reserve Island Club (PLEASE PRINK Name: 6 fez Address: u �S Phone: :27 2 ,r YO 5-- 2 If representing a group, name of group: St. Lucie County Board of County Commissioners Date: February 21, 2006 (PLEASE PRINT Name: Address: Phone: " If representing a group, name of group: St. Lucie County Board of County Commissioners C,11I Date: February 21, COUNTY Y #0 The Reserve Island Club (PLEASE PRINK Name: <' Address: Phone: Z? 2— S S� p go If representing a group, name of group: St. Lucie County Board of County Commissioners (Date: February 21, 2006 #6 The Reserve Island Club (PLEASE PR►N7 Name: L/ ey A 127, (Address: Ol —'! GOUS Phone: "7!)1 � �) l 1 • IIf representing a group, name of group: St. Lucie County Board of County Commissioners Date: February 21, 2006 #6 Th eserve Island Club (PLEASE PRIM) ;'' Name: get,. Address: Phone: 72 2-- VZ r 7 7 If representing a group, name of group: St. Lucie County Board of County Commissioners Date: February 21, 2006 #6 The Reserve Island Club (PLEASE PR/N7) Name: Dxv. i Address: Phone: -1 7 2_ J-4.19 I - 4!tp &,o If representing a group, name of group: St. Lucie County Board of County Commissioners Date: February 21, 2006 I #6 The Reserve Island Club (PLEASE PRIM) P b I Name: V�-- <- Address• gq31- - a�-••.� ve7�. S \5U� Phone: ' T7L_'--4i'�J If representing a group, name of group: St. Lucie County Board of County Commissioners Date: February 21, 2006 COUNTY #6 The Reserve Island Club (PLEASE PRINT) Name: �� IrJ -66Gl(f- Address: _ �� CHVMtoi'6eu Irv'4/ cl Phone: 7 % q6 /- DF41,9 If representing a group, name of group: St. Lucie County Board of County Commissioners Date: February 21, 2006 (PLEASE PRINT) Name: 4DV i Address: #6 The Reserve island Club ��flf - aw 1�10 Phone: 7 %a- ff9 j / & If representing a group, name of group: St. Lucie County Board of County Commissioners 0 Date: February 21, 2006 �COUNTY ' 1 #6 The Reserve Island Club (PLEASE PRINT Name: Address: 07 Uv s4i, le ,-(I Phone: 1-/ G f� O U y )- If representing a group, name of group: %o les, C' v U CC FEBRUARY 21, 2006 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA-- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS — These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed rior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM — Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 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 Doug Coward, Chairman District No. 2 Chris Craft, Vice Chairman District No. 5 Joseph E. Smith District No. 1 Paula A. Lewis District No. 3 Frannie Hutchinson District No. 4 February 21, 2006 6:00 P.M. Invocation P A l Pledge of Allegiance 0 6 r,j,�yIINUTES t Approve the minutes of the meeting held on February 14, 2006. 2. PROCLAMATIONS/PRESENTATIONS A. Reading of the announcements by the County Administrator. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA^ , 0('n�Sej tA � e 5 � � 11 n' ����`�� � PUBLIC HEARINGS tt"" l t 5A. GROWTH MANAGEMENT C'+� . y r ' , i c„ ;; __ ' '' �r ; "✓5 �AConsider Draft Resolution No. 06-043 granting a Conditional Use Permit to allow the operatiorr of a Child Day Care Facility in the CN (Commercial, Neighborhood) Zoning District for property located at 5221 Winter Garden Parkway — Consider staff recommendation to approve Draft Resolution No. 06- 043. 5B. AIRPORT Consider the participation of the County Road and Bridge Division in the construction of the Airport West Commerce Park for an amount exceeding $250,000.00 and approve Resolution No. 06-080 — i) Consider staff recommendation to approve the participation of the Road and Bridge Division in the construction of the Airport West Commerce Park in an amount exceeding $250,000.00 and approve Resolution No. 06-080. 5C. GROWTH MANAGEMENT Consider Draft Resolution 05-390 granting a Change in Zoning from the RS-4 (Residential, Single - Family — 4 du/acre) Zoning District to the PUD (Planned Unit Development — Estancia) Zoning District and Preliminary Planned Unit Development approval for the project to be known as Estancia — PUD, for 10.33 acres of property located on the west side of South 25th Street, approximately '/4 mile north of Edwards Road — Consider staff recommendation to approve draft Resolution No. 05-390, subject to 8 limiting conditions. i Regular Agenda February 21, 2006 Page Two Sm �h e5 Cowo-od - �C5 Lew 1,5 — qe s 5DGROWTH MANAGEMENT A6 I 2o,-"16 �N1IlI Consider Draft Resolution 06-010 granting a Change in Zoning from the RS-2 (Residential, Single- • �O Family — 2 du/ac) Zoning District to the AG-1 (Agricultural — 1 du/ac) Zoning District for property located on the west side of Jenkins Road, approximately % mile north of Graham Road — Consider staff recommendation to deny Draft Resolution 06-010, for a Change in Zoning from the RS-2 (Residential, Single -Family - 2 du/ac) Zoning District to the AG-1 (Agricultural — du/ac) Zoning District. Staff recommends a change in zoning to the AR-1 (Agricultural, Residential — 1 du/ac) Zoning District. 5E. COUTNY ATTORNEY ���eu Petition for Abandonment - Abandon 60 feet of a deeded portion of a right-of-way known as S. 71h /�treet - Resolution 05-425 — Consider staff recommendation to continue this Public Hearing to March ►� 21, 2006 at 6:00 p.m. or soon thereafter as possible. END OF PUBLIC HEARINGS 6. !y GROWTH MANAGEMENT Update on the Status of The Reserve NOPC (Notice of Propose Change) to The Reserve DRI (Development of Regional Impact) and The Reserve Island Club - a 19,172 square foot clubhouse with a swimming pool, basketball court, and tennis court — Motion to find the Reserve Development of Regional Impact not in compliance with the adopted comprehensive plan and development order based on the staff findings and conclusions, and to direct the staff to take the actions recommended in the staff's report. Island Club cannot be approved pursuant to Section 380.06(17), Florida Statutes, until all substantial development order compliance issues are resolved. COUNTY ATTORNEY -1 — � oc-,-Mrh . /// /�,5 Stop Gap Ordinance No. 06-012 — Consider staff recomrrppendation�t/o/;nt permission to advertise Ordinance No. 06-012. Lem-'s — des S,u;6lti--+-es ld 8. ADMINISTRATION k/Vl Prioritizing the following six federal appropriation requests. 1. $4,500,000 in FY2007 Construction General Account of the Energy and Water Development Appropriations bill for the Fort Pierce beach requested funds will bej project. $1 million of the re P q combined with funds provided in the FY 2006 supplemental appropriations bills to re -nourish Fort Pierce Beach. The remaining $3.5 million will be used to pay for half of the federal share of constructing groins south of Fort Pierce Inlet, a federal channel. This construction is expected to take place in 2008 and will allow for less frequent re-nourishments of the Fort Pierce beach. 2. $6,000,000 from the Formula and Bus Grants account of the FY 2007 Transportation, Treasury and Housing Appropriations Act to purchase seven new buses as well as help construct a new intermodal facility where the County's bus fleet can be parked and maintained. An 8-acre site located on Selvitz Road, which is owned by the County, is being considered for the location of the intermodal facility. 3. $2,700,000 in FY2007 Federal Airport Improvement Program discretionary funds to begin the construction phase of a new parallel runway at the St. Lucie County International Airport. Accts,5, Um Regular Agenda February 21, 2006 Page Three ADMINISTRATION #8 CONTINUED 4. $500,000 from the General Investigations Corps of Engineers Account of the Energy and Water Development Appropriations Bill for FY 2007 to continue the beach re -nourishment feasibility study of the southernmost four miles of shoreline which abut Martin County, as well as a small amount of shoreline north of the Ft. Pierce Harbor jetty. This segment of shoreline is heavily developed and has been designated as "critically eroded" by the Florida Department of Environmental Protection. 5. $3,100,000 from the FY 2007 Economic Development Initiative Account of the Transportation, Treasury and Housing Appropriations Act for development of the Treasure Coast Research and Education Park. 6. The President has proposed $165.4 million for the Corps of Engineers to continue its work on the Everglades restoration program. The budget also proposes an additional $26.4 million in funding for the Department of Interior to continue their work on Modified Water Deliveries to Everglades National Park. This level of funding will not keep Everglades restoration on schedule and may slow completion of the Modified Water Delivery and Kissimmee River projects. St. Lucie County supports full funding for the Everglades restoration program in FY 2007 and requests support for $222 million in total funding for both the Corps of Engineers ($177 million) and the Department of Interior ($45 million). Furthermore, St. Lucie County supports the passing of the Water Resources Development Act in 2006. Staff recommends that the Board, as requested by the federal legislative delegation, approve the prioritization of the above six projects for federal funding and authorize the County Administrator to submit the prioritization of projects to the legislative delegation. CONSENT AGENDA 1. WARRANTS LIST Approval of Warrant List No. 20 2. COUNTY ATTORNEY A. Resolution No. 06-077 Extending the State of Emergency for Hurricane Frances; and Resolution No. 06-078 Extending the State of Emergency for Hurricane Jeanne — Consider staff recommendation to approve Resolution No. 06-077 and Resolution 06-078 and authorize the Chairman to sign the Resolutions. B. Resolution No. 06-079 extending the State of Emergency for Hurricane Wilma — Consider staff recommendation to approve Resolution No. 06-079 and authorize the Chairman to sign the Resolution. C. Contract for Sale and Purchase — Paradise Park Stormwater Improvement — Jacob Henry — Tax ID 1433-801-0094-000/7 — Considers staff recommendation to approve the Contract for Sale and Purchase from Jacob Henry for the purchase price of $25,000.00, authorize the Chairman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. 3. PUBLIC WORKS A. Approval of Waiver of a Traffic Impact Study for the Round Island Plantation PUD — Consider staff recommendation in accordance with Section 11.02.09.4.a.3 of the St. Lucie County Land Development Code (LDC) that the County Commission grant the request for the waiver of the required Traffic Impact Study for Round Island Plantation PUD. B. Amendment No. 4 to Agreement No. 10282 from South Florida Water Management District for an extension of contract time to coincide with the expiration date of the FIND Interlocal Agreement for the Taylor Creek Phase 1 Dredging project — Consider staff recommendation to accept Amendment No. 4 to Agreement No. C-10282 from South Florida Water Management District for an extension of contract time to coincide with the expiration date of the FIND Interlocal Agreement for the Taylor Creek Phase 1 Dredging project, and signature by the Chairman. C. Safety Inspection of Bridges Related to Hurricane Wilma — Work Authorization No. 2 to the Professional Engineering Services Contract for Bridge Evaluation and Design with Jenkins and Charland, Inc., in the amount of $4,800.00 — Consider staff recommendation to approve Work Authorization No. 2 to the Professional Engineering Services Contract for Bridge Evaluation and Design with Jenkins and Charland, Inc., for Safety Inspection of Bridges Related to Hurricane Wilma in the amount of $4,800.00, and signature by the Chairman. D. USGS contract for water quality monitoring at 5 Mile Creek — Consider staff recommendation to approve the attached contract with USGS in the amount of $14,583.00, for Water Quality Monitoring in the Five Mile Creek, and signature by the Chairman. 4. CENTRAL SERVICES A. Change Order No. 3 — Contract No. C04-05-253 — H&J Contracting/Ancient Oaks Park (Weldon B. Lewis Park) - Consider staff recommendation to approve Change Order No. 3, Contract No. C04-05-253, to increase the contract sum in the amount of $13,300.00 and increase contract time by sixty (60) days, with a date of substantial completion on March 28, 2006, and authorize the Chair to sign the Change Order as prepared by the County Attorney. Consent Agenda February 21, 2006 Page Two CENTRAL SERVICES CONTINUED B. Rock Road Jail Security Systems Upgrade Project by Norment Security Systems Group/Contract No. CO2-07-56 - Consider staff recommendation to approve 1. Change Order No. 5, to Contract No. CO2-07-561 with Norment Security to increase the contract sum $33,000.00 for a new contract sum of $2,066,015.02 and authorize the Chair to sign the Change Order as prepared by the County Attorney. 2. Final payment and release of retainage in the amount of $206,601.50 to Norment Security Group for the Security Systems Upgrade to the Rock Road Jail Facility. 5. GRANTS A. Staff recommends authorization of the submittal of an Emergency Watershed Protection Program funding request to the USDA Natural Resources Conservation Service for funding in the amount of $375,000.00 to conduct emergency repairs to safeguard lives and property in the Hidden River Estates area and to minimize erosion into the North Fork of the St. Lucie River during heavy rainfall events. Staff also recommends that the Board allocate $435,000.00 from the Transportation Trust, in the event the grant is not awarded. B. Staff recommends authorization of the submittal of a grant application to the Florida Inland Navigation District (FIND) and the acceptance of the grant if it approved for funding. Grant funds in an amount not to exceed $142,000, to be matched 1:1, will fund the construction of a shoreline revetment, fishing pier, mooring dock and a floating canoe/kayak launch at RIVER PARK MARINA. In addition, approve Resolution No. 06-076 authorizing the project manager to administer the grant on behalf of the Board of County Commissioners of St. Lucie County. C. Staff recommends that the Board authorize the submittal of a $266,000 grant application to the Florida Inland Navigation District for the next phase of the Taylor Creek Dredging project and acceptance of the grant if it is approved for funding. In addition, Staff recommends that the Board approve Resolution 06-075 authorizing this project and authorizing the project manager to administer the grant. 6. PURCHASING Approval of Hurricane Related Purchases — Consider staff recommendation to approve the attached list of hurricane related purchases. 7. UTILITIES Work Authorization with Camp Dresser & McKee, Inc. for engineering services pertaining to the South Hutchinson Island Wastewater System update of Holiday Out/Venture III/Venture Out and Nettles Island engineering analysis in the amount of $34,910.00 — Consider staff recommendation to approve Work Authorization with Camp Dresser & McKee, Inc. for engineering services pertaining to the South Hutchinson Island Wastewater System update of Holiday Out/Venture III/Venture Out and Nettles Island engineering analysis in the amount of $34,910.00. Consent Agenda February 21, 2006 Page Three COMMUNITY SERVICES A. Approval of purchase of a replacement telephone system for the Community Services Department, which will be compatible with the new system currently being installed — Consider staff recommendation to approve the purchase of a replacement telephone system for the Community Services Department. B. Request for Board approval and authorize the Chair to sign the Joint Participation Agreement with the Florida Department of Transportation for $150,000 for a Park and Ride lot and approve Resolution No. 06-81 — Consider staff recommendation to authorize the Chair to sign the Joint Participation Agreement with the Florida Department of Transportation for $150,000 for a Park and Ride lot and approve Resolution No. 06-81. C. Request for Board approval and authorize the Chair to sign the Grant Agreement with the Association for Retarded Citizens (ARC) authorizing the County to provide an $8,000 match to a 5310 Bus Purchase Grant — Consider staff recommendation to authorize the Chair to sign the Grant Agreement with the Association for Retarded Citizens (ARC) authorizing the County to provide an $8,000 match to a 5310 Bus Purchase Grant. 9. ADMINISTRATION Commissioner Smith has requested that Derek Foxx serve as his appointee to Contractor Licensing Board - Consider staff recommendation to ratify Commissioners Smith's appointment of Derek Foxx to the Contractors Licensing Board. 10. PUBLIC SAFETY Professional Services Agreement with the Treasure coast Regional Planning Council -Update of Comprehensive Emergency Management Plan — Consider staff recommendation to approve the Professional Services Agreement with the RPC and authorize the Chairman to sign the Agreement. 11. GROWTH MANAGEMENT Development Agreement with Johnson Road Development Group, L.L.C. (Rocking Horse Ranch) — Consider staff recommendation to grant permission to advertise two public hearings for the Rocking Horse Ranch Development Agreement. ANNOUNCEMENTS February 21, 2006 The 415f Annual St. Lucie County Fair will begin on Friday, February 24, 2006 and run through Sunday, March 5, 2006 at the St. Lucie County Fairgrounds. k The Board of County Commissioners, City of Fort Pierce, Fort Pierce Utility Authority and the Utility Task Force will hold a Joint Meeting to discuss utilities on Thursday, March 2, 2006 at 2:00 p.m. in the County Commission Chambers. ZZ The opening day for Spring Training home games for the New York Mets at the Tradition Field will be / on Friday, March 3, 2006 at 7:10 p.m. versus the St. Louis Cardinals. k4. The Board of County Commissioners will hold a Transfer of Development Rights Public Workshop on Tuesday, March 7, 2006 at 9:00 a.m. in the County Commission Chambers. "Spread the Shade - Plant a Tree"- The St. Lucie County Cooperative Extension Office will hold a Tree Give -A -Way on Saturday, March 11, 2006 from 8:00 a.m. to Noon at the Heathcote Botanical Gardens / located at 210 Savannah Road, Fort Pierce. V6. The Wing `N Wheels Air, Military, and Vehicle Show Weekend will be on March 25'h & 26", 10:00 a.m. to 5:00 p.m. at the St. Lucie County International Airport located on St. Lucie Blvd. in Fort Pierce. The 15th Annual Health & Safety Fair for employees of St. Lucie County, the City of Fort Pierce and the Fort Pierce Utilities Authority and their families will be held on Thursday, April 27, 2006 from 8:00 a.m. -/ to 1:00 p.m. at the Fort Pierce Community Center. L8. The Special Olympics, St. Lucie County Golf Tournament will be on Saturday, June 10, 2006 at Club Med at 8:30 a.m. (Shot Gun). For more information please contact Diana Mitchell 462-1683 or Tamika Butts 462-1853. The Board of County Commissioners, St. Lucie County, Florida is currently seeking applications from persons desiring to be nominated for appointment by the County Commissioners to serve on the St. Lucie County Historic Preservation Committee. Interested persons can obtain an application from the County Administration Office, 2300 Virginia Avenue, Fort Pierce, FL 34982. 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. ADDITIONS AGENDA February 21, 2006 REGULAR AGENDA PHM. GROWTH MANAGEMENT Consider the Petition of Kings Highway Industrial Park II, LLC, for a Change in Zoning from AG-1 (Agricultural — 1 du/ac) Zoning District to the IL (Industrial, Light) Zoning District for property located on east side of Kings Highway, approximately 550 feet north of the 1-95 overpass. Draft Resolution No. 05-394 — Consider staff recommendation to approve the withdrawal of the Petition of Kings Highway Industrial Park II, LLC, for a Change in Zoning from AG-1 (Agricultural — 1 du/ac) Zoning District to the IL (Industrial, Light) Zoning District. 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. FEBRUARY 21, 2006 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS — These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM — Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 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 Doug Coward, Chairman District No. 2 Chris Craft, Vice Chairman District No. 5 Joseph E. Smith District No. 1 Paula A. Lewis District No. 3 Frannie Hutchinson District No. 4 February 21, 2006 6:00 P.M. Invocation Pledge of Allegiance 1. MINUTES Approve the minutes of the meeting held on February 14, 2006. 2. PROCLAMATIONS/PRESENTATIONS A. Reading of the announcements by the County Administrator. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBLIC HEARINGS GROWTH MANAGEMENT Consider Draft Resolution No. 06-043 granting a Conditional Use Permit to allow the operation of a Child Day Care Facility in the CN (Commercial, Neighborhood) Zoning District for property located at 5221 Winter Garden Parkway_- Consider staff recommendation to approve Draft Resolution No. 06- 043. AIRPORT Consider the participation of the County Road and Bridge Division in the construction of the Airport West Commerce Park for an amount exceeding $250,000.00 and approve Resolution No. 06-080 - Consider staff recommendation to approve the participation of the Road and Bridge Division in the construction of the Airport West Commerce Park in an amount exceeding $250,000.00 and approve /Resolution No. 06-080. 5C. GROWTH MANAGEMENT Consider Draft Resolution 05-390 granting a Change in Zoning from the RS-4 (Residential, Single - Family - 4 du/acre) Zoning District to the PUD (Planned Unit Development - Estancia) Zoning District and Preliminary Planned Unit Development approval for the project to be known as Estancia - PUD, for 10.33 acres of property located on the vest side of outh 25th Street. approximately '/4 mile north of Edwards Road - Consider staff recommen a ion to approVL=dTraft R solution No. 05-390, subject to 8 limiting conditionsJ�- s"4- " 'Olz &-,C- O�44' d - Regular Agenda February 21, 2006 Page Two 59! GROWTH MANAGEMENT Consider Draft Resolution 06-010 granting a Change in Zoning from the RS-2 (Residential, Single - Family - 2 du/ac) Zoning District to the AG-1 (Agricultural - 1 du/ac) Zoning District for property located on the west side of Jenkins Road, approximately % mile north of Graham Road - Consider staff recommendation to deny Draft Resolution 06-010, for a Change in Zoning from the RS-2 (Residential, Single -Family - 2 du/ac) Zoning District to the AG-1 (Agricultural - du/ac) Zoning District. Staff recommends a change in zoning to the AR-1 (Agricultural, Residential - 1 du/ac) Zoning District. COUTNY ATTORNEY Petition for Abandonment - Abandon 60 feet of a deeded portion of a right-of-way known as S. 7cn Street - Resolution 05-425 - Consider staff recommendation to continue this Public Hearing to March 21, 2006 at 6:00 p.m. or soon thereafter as possible. - END OF PUBLIC HEARINGS 6. GROWTH MANAGEMENT Update on the Status of The Reserve NOPC (Notice of Proposed Change) to The Reserve DRI (Development of Regional Impact) and The Reserve Island Club - a 19,172 square foot clubhouse with a swimming pool, basketball court, and tennis court - Motion to find the Reserve Development of Regional Impact not in compliance with the adopted comprehensive plan and development order based on the staff findings and conclusions, and to direct the staff to take the actions recommended in the staff's report. Island Club cannot be approved pursuant to Section 380.06(17), Florida Statutes, until all substantial development order compliance is es are resolved. p� h -.inn -- AOV 5 COUNTY ATTORNEY S � 7., ®°- L—i Stop Gap Ordinance No. 06-012 - Consider staff recommendation to grant permission to advertise Ordinance No. 06-012. �� S 8. ADMINISTRATION Prioritizing the following six federal appropriation requests. 1. $4,500,000 in FY2007 Construction General Account of the Energy and Water Development Appropriations bill for the Fort Pierce beach project. $1 million of the requested funds will be combined with funds provided in the FY 2006 supplemental appropriations bills to re -nourish Fort Pierce Beach. The remaining $3.5 million will be used to pay for half of the federal share of constructing groins south of Fort Pierce Inlet, a federal channel. This construction is expected to take place in 2008 and will allow for less frequent re-nourishments of the Fort Pierce beach. 2. $6,000,000 from the Formula and Bus Grants account of the FY 2007 Transportation, Treasury and Housing Appropriations Act to purchase seven new buses as well as help construct a new intermodal facility where the County's bus fleet can be parked and maintained. An 8-acre site located on Selvitz Road, which is owned by the County, is being considered for the location of the intermodal facility. 3. $2,700,000 in FY2007 Federal Airport Improvement Program discretionary funds to begin the construction phase of a new parallel runway at the St. Lucie County International Airport. Regular Agenda February 21, 2006 Page Three ADMINISTRATION #8 CONTINUED 4. $500,000 from the General Investigations Corps of Engineers Account of the Energy and Water Development Appropriations Bill for FY 2007 to continue the beach re -nourishment feasibility study of the southernmost four miles of shoreline which abut Martin County, as well as a small amount of shoreline north of the Ft. Pierce Harbor jetty. This segment of shoreline is heavily developed and has been designated as "critically eroded" by the Florida Department of Environmental Protection. 5. $3,100,000 from the FY 2007 Economic Development Initiative Account of the Transportation, Treasury and Housing Appropriations Act for development of the Treasure Coast Research and Education Park. 6. The President has proposed $165.4 million for the Corps of Engineers to continue its work on the Everglades restoration program. The budget also proposes an additional $26.4 million in funding for the Department of Interior to continue their work on Modified Water Deliveries to Everglades National Park. This level of funding will not keep Everglades restoration on schedule and may slow completion of the Modified Water Delivery and Kissimmee River projects. St. Lucie County supports full funding for the Everglades restoration program in FY 2007 and requests support for $222 million in total funding for both the Corps of Engineers ($177 million) and the Department of Interior ($45 million). Furthermore, St. Lucie County supports the passing of the Water Resources Development Act in 2006. Staff recommends that the Board, as requested by the federal legislative delegation, approve the prioritization of the above six projects for federal funding and authorize the County Administrator to submit the prioritization of projects to the legislative delegation. CONSENT AGENDA WARRANTS LIST Approval of Warrant List No. 20 2. COUNTY ATTORNEY A. Resolution No. 06-077 Extending the State of Emergency for Hurricane Frances; and Resolution No. 06-078 Extending the State of Emergency for Hurricane Jeanne — Consider staff recommendation to approve Resolution No. 06-077 and Resolution 06-078 and authorize the Chairman to sign the Resolutions. B. Resolution No. 06-079 extending the State of Emergency for Hurricane Wilma — Consider staff recommendation to approve Resolution No. 06-079 and authorize the Chairman to sign the Resolution. C. Contract for Sale and Purchase — Paradise Park Stormwater Improvement — Jacob Henry — Tax ID 1433-801-0094-000/7 — Considers staff recommendation to approve the Contract for Sale and Purchase from Jacob Henry for the purchase price of $25,000.00, authorize the Chairman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. 3. PUBLIC WORKS A. Approval of Waiver of a Traffic Impact Study for the Round Island Plantation PUD — Consider staff recommendation in accordance with Section 11.02.09.4.a.3 of the St. Lucie County Land Development Code (LDC) that the County Commission grant the request for the waiver of the required Traffic Impact Study for Round Island Plantation PUD. B. Amendment No. 4 to Agreement No. 10282 from South Florida Water Management District for an extension of contract time to coincide with the expiration date of the FIND Interlocal Agreement for the Taylor Creek Phase 1 Dredging project — Consider staff recommendation to accept Amendment No. 4 to Agreement No. C-10282 from South Florida Water Management District for an extension of contract time to coincide with the expiration date of the FIND Interlocal Agreement for the Taylor Creek Phase 1 Dredging project, and signature by the Chairman. C. Safety Inspection of Bridges Related to Hurricane Wilma — Work Authorization No. 2 to the Professional Engineering Services Contract for Bridge Evaluation and Design with Jenkins and Charland, Inc., in the amount of $4,800.00 — Consider staff recommendation to approve Work Authorization No. 2 to the Professional Engineering Services Contract for Bridge Evaluation and Design with Jenkins and Charland, Inc., for Safety Inspection of Bridges Related to Hurricane Wilma in the amount of $4,800.00, and signature by the Chairman. D. USGS contract for water quality monitoring at 5 Mile Creek — Consider staff recommendation to approve the attached contract with USGS in the amount of $14,583.00, for Water Quality Monitoring in the Five Mile Creek, and signature by the Chairman. 4. CENTRAL SERVICES A. Change Order No. 3 — Contract No. C04-05-253 — H&J Contracting/Ancient Oaks Park (Weldon B. Lewis Park) - Consider staff recommendation to approve Change Order No. 3, Contract No. C04-05-253, to increase the contract sum in the amount of $13,300.00 and increase contract time by sixty (60) days, with a date of substantial completion on March 28, 2006, and authorize the Chair to sign the Change Order as prepared by the County Attorney. Consent Agenda February 21, 2006 Page Two CENTRAL SERVICES CONTINUED B. Rock Road Jail Security Systems Upgrade Project by Norment Security Systems Group/Contract No. CO2-07-56 - Consider staff recommendation to approve 1. Change Order No. 5, to Contract No. CO2-07-561 with Norment Security to increase the contract sum $33,000.00 for a new contract sum of $2,066,015.02 and authorize the Chair to sign the Change Order as prepared by the County Attorney. 2. Final payment and release of retainage in the amount of $206,601.50 to Norment Security Group for the Security Systems Upgrade to the Rock Road Jail Facility. 5. GRANTS A. Staff recommends authorization of the submittal of an Emergency Watershed Protection Program funding request to the USDA Natural Resources Conservation Service for funding in the amount of $375,000.00 to conduct emergency repairs to safeguard lives and property in the Hidden River Estates area and to minimize erosion into the North Fork of the St. Lucie River during heavy rainfall events. Staff also recommends that the Board allocate $435,000.00 from the Transportation Trust, in the event the grant is not awarded. B. Staff recommends authorization of the submittal of a grant application to the Florida Inland Navigation District (FIND) and the acceptance of the grant if it approved for funding. Grant funds in an amount not to exceed $142,000, to be matched 1:1, will fund the construction of a shoreline revetment, fishing pier, mooring dock and a floating canoe/kayak launch at RIVER PARK MARINA. In addition, approve Resolution No. 06-076 authorizing the project manager to administer the grant on behalf of the Board of County Commissioners of St. Lucie County. C. Staff recommends that the Board authorize the submittal of a $266,000 grant application to the Florida Inland Navigation District for the next phase of the Taylor Creek Dredging project and acceptance of the grant if it is approved for funding. In addition, Staff recommends that the Board approve Resolution 06-075 authorizing this project and authorizing the project manager to administer the grant. 6. PURCHASING Approval of Hurricane Related Purchases — Consider staff recommendation to approve the attached list of hurricane related purchases. 7. UTILITIES Work Authorization with Camp Dresser & McKee, Inc. for engineering services pertaining to the South Hutchinson Island Wastewater System update of Holiday Out/Venture III/Venture Out and Nettles Island engineering analysis in the amount of $34,910.00 — Consider staff recommendation to approve Work Authorization with Camp Dresser & McKee, Inc. for engineering services pertaining to the South Hutchinson Island Wastewater System update of Holiday Out/Venture III/Venture Out and Nettles Island engineering analysis in the amount of $34,910.00. Consent Agenda February 21, 2006 Page Three 8. COMMUNITY SERVICES A. Approval of purchase of a replacement telephone system for the Community Services Department, which will be compatible with the new system currently being installed — Consider staff recommendation to approve the purchase of a replacement telephone system for the Community Services Department. B. Request for Board approval and authorize the Chair to sign the Joint Participation Agreement with the Florida Department of Transportation for $150,000 for a Park and Ride lot and approve Resolution No. 06-81 — Consider staff recommendation to authorize the Chair to sign the Joint Participation Agreement with the Florida Department of Transportation for $150,000 for a Park and Ride lot and approve Resolution No. 06-81. C. Request for Board approval and authorize the Chair to sign the Grant Agreement with the Association for Retarded Citizens (ARC) authorizing the County to provide an $8,000 match to a 5310 Bus Purchase Grant — Consider staff recommendation to authorize the Chair to sign the Grant Agreement with the Association for Retarded Citizens (ARC) authorizing the County to provide an $8,000 match to a 5310 Bus Purchase Grant. 9. ADMINISTRATION Commissioner Smith has requested that Derek Foxx serve as his appointee to Contractor Licensing Board - Consider staff recommendation to ratify Commissioners Smith's appointment of Derek Foxx to the Contractors Licensing Board. 10. PUBLIC SAFETY Professional Services Agreement with the Treasure coast Regional Planning Council -Update of Comprehensive Emergency Management Plan — Consider staff recommendation to approve the Professional Services Agreement with the RPC and authorize the Chairman to sign the Agreement. 11. GROWTH MANAGEMENT Development Agreement with Johnson Road Development Group, L.L.C. (Rocking Horse Ranch) — Consider staff recommendation to grant permission to advertise two public hearings for the Rocking Horse Ranch Development Agreement. ANNOUNCEMENTS February 21, 2006 The 41st Annual St. Lucie County Fair will begin on Friday, February 24, 2006 and run through Sunday, March 5, 2006 at the St. Lucie County Fairgrounds, 2. The Board of County Commissioners, City of Fort Pierce, Fort Pierce Utility Authority and the Utility Task Force will hold a Joint Meeting to discuss utilities on Thursday, March 2, 2006 at 2:00 P.M. in the County Commission Chambers. 3. The opening day for Spring Training home games for the New York Mets at the Tradition Field will be on Friday, March 3, 2006 at 7:10 p.m. versus the St. Louis Cardinals. 4. The Board of County Commissioners will hold a Transfer of Development Rights Public Workshop on Tuesday, March 7, 2006 at 9:00 a.m. in the County Commission Chambers. ive tension 5. "Spread the Shade - PlantM rich 11,rhe 2006tf froe County m a m. to Noon rtat theXHeathcote Office Botani al Gardens Give -A Way on Saturdday,, located at 210 Savannah Road, Fort Pierce. 6. The Wing `N Wheels Air, Military, and Vehicle Show Weekend will be on March 25th & 26th, 10:00 a.m. to 5:00 p.m. at the St. Lucie County International Airport located on St. Lucie Blvd. in Fort Pierce. 7. The 151h Annual Health & Safety Fair for employees of St. Lucie County, the City of Fort Pierce and the Fort Pierce Utilities Authority and their families will be held on Thursday, April 27, 2006 from 8:00 a.m. to 1:00 p.m. at the Fort Pierce Community Center. 8. The Special Olympics, St. Lucie County Golf Tournament will be on Saturday, June 10, 2006 at Club Med at 8:30 a.m. (Shot Gun). For more information please contact Diana Mitchell 462-1683 or Tamika Butts 462-1853. 9. The Board of County Commissioners, St. Lucie County, Florida is currently seeking applications from persons desiring to be nominated for appointment by the County Commissioners to serve on the St. Lucie County Historic Preservation Committee. Interested persons can obtain an application from the County Administration Office, 2300 Virginia Avenue, Fort Pierce, FL 34982. 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 . Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any proceedings is made party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone withdisability 77 or'TDD (772) 462 1428 at least forty-eight (48) hours 1pr or to thed contact hmeetingucie County Community Services Manage ( ) BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: February 14, 2006 Convened: 9:00 a.m. Tape: 1-2 Adj ourned: 10: 5 0 a.m. Commissioners Present: Doug Coward, Chairman, Chris Craft, Joseph Smith, Paula A. Lewis, absent on County Business; Frannie Hutchinson, absent on County Business Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Pete Keogh, Park and Recreation Director, Mika Bowers, t)tilitics Director, Don West, Public Works Director, Bcth Ryder, ('oninlunity Services I)li•CCIOi', Maric Gouin, M & B Director, .lack Southard, Public Safety Director, 1:oger Shinn, Central Services Director, Ed Fry, Clerk of Circuit Court, Vanessa Bassey, Environmental Resources Director, Susan Kilmer, Library Director, Millie 1)clgiido-l�clicia1lo, Deputy Clerk 1. MINUTES (1-024) It was moved by Com. Craft, seconded by Com. Smith to approve the minutes of the meeting held February 7, 2006, and; upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATION A. The County Administrator announced the Employee of the Quarter, Ms. Dorothy Blair, Library. B. Resolution No. 06-063 Proclaiming February 19, 2006 through February 25, 2006 as "Engineers Week" in St. Lucie County, Florida. It was moved by Com. Smith, seconded by Com. Craft, to approve Resolution No. 06- 063, and; upon roll cull, motion carried unanimously. C. Presentation by Ed Fry, Clerk of the Circuit Court The Clerk of Court addressed the Board and presented the Certificate of Achievement for Excellence in Financial Reporting awarded to St. Lucie County for Fiscal Year Ended September 30, 2004. Mr. Fry also presented the Investment Summary for Fiscal Year 2005 for the Board to review. D. The County Administrator read upcoming events. 3. GENERAL PUBLIC COMMENTS (1-050) Mr. "I'inlothy .IelliS, Waterstone Developer, addressed the Board and asked ror permission to have the contactors wort: oil President's Day, He stated lie had discussed this issue with the residents and they stated they would be working also and did not have a problem with the request. The County Administrator advised the Board he had contacted the residents to verify the fact they agreed to the President's Day issue and stated they confirmed their approval. The Code Compliance Manager addressed the Board and stated he had met with the KB Homes who would be building some of the homes in the development and advised the Board that once the plat is approved the permits will be issued and the building of the model homes can begin. The County Attorney advised the Board Florida Statutes lays out certain holidays and it may be possible to follow this format. Com. Craft requested a copy of the holidays according to Florida Statutes be given to Mr. .Ielus and the residents to see if they can come to an agreement to the holidays listed. 4. CON SI NT AGFNDA It was moved by Com. Craft, seconded by Com. Smith, to approve the Consent Agenda, with item C-15 pulled and placed on the regular agenda, and to include the approval of items CA-1 through CA-3and; upon roll call, motion carried unanimously. WARRANT LIST The Board approved Warrant List No. 19. COUNTY ATTORNEY A. Resolution No. 06-072 Extending the State of Emergency for Hurricane Frances; and Resolution No. 06-073 Extending the State of Emergency for Hurricane Jeanne- The Board approved Resolution No. 06-072 and Resolution No. 06-073. B. Resolution No. 06-074 extending the State of Emergency for Hurricane Wilma- The Board approved Resolution No. 06-074. C. Resolution No. 06-065 Authorizing Commissioner Lewis to sign plat - The Board approved Resolution No. 06-065. D. After the Fact — Revocable License Agreement Stuart and Sandra Shipe- The Board approved the Revocable License Agreement, authorized the Chairman to sign the Agreement and directed staff to record the document in the Public Records of St. Lucie County, Florida. E. Trciisure Coast Education, Research and Development Park- Second Amendment to March 15, 2005 Consultant Agreement with DSA- Tlic 130ard approved the proposed Second Amendment to the March 15, 2005 ('onsultiint Agreement with CDSA and authorised the Chairman to sign the amenciment. F. Budget Amendment No. BA06-125- The Board approved the transfer of $45,000 from Contingency to Professional Services as requested. G. St. Lucie County Fairgrounds- FPL — 10' Utility Easement- The Board approved the Utility Easement in favor of FPL authorized the Chainnan to execute the Easement and directed staff to record the Easement in the Public Records of St. Lucie County, Florida. H. Howard Creek Estates- Subdivision Improvement Agreement- The Board approved the proposed Subdivision Improvement Agreement with Anthony Nardone for Howard Creels Estates and authorized the Chairman to sign the Agreement. 2 3. PUBLIC SAFETY Request to accept Modification No. 2 to Agreement No. 05-DS-2N-10-66-01-411- State Homeland Grant time extension- The Board approved Modification No. 2 to Agreement No. 05-DS-2N-10-66-01-411 State Homeland Security Grant. 4. SOLID WASTE A. First Amendment to Sierra Inernational Machinery Inc.- The Board approved the First Amendment to the Sierra International Machinery, Inc., Agreement for maintenance service for the baler and conveyor systems increasing the Agreement to a "not to exceed" amount of $300,000. B. Staff requested the Board approved the January 27, 2006 from CDM for engineering services- The Board approved the January 27, 2006 proposal from CDM for engineering services to assist St. Lucie County with the expansion of the Solid Waste Baling & Recycling Facility for final design, bidding and construction services for a lump sum of $193,320. PARKS AND RECREATION A. Purchase of Inflatable Recreation Equipment for Lincoln Park Community Center Equipment Request EQ 06-241 and Budget Amendment No. BA 06-125 - The Board approved Budget Amendment No. BA06-125 to purchase an inflatable piece at a cost of $3,558.00. B. Purchase of a water fountain and storage shed for Lincoln Park Community Center- The Board approved the purchase of a water fountain and a IO'x10' storage shed for Lincoln Park Community Center at a cost of $2,143.00 and $2,115.00 respectively. C. Purchase of Utility Cart for Tradition Field- The Board approved Budget Amendment No. BA06-124 to purchase.a utility cart at a cost of $5,350. 6. ENVIRONMENTAL RESOURCES A. Extension to Interlocal Agreement with the Florida Inland Navigation District for Project # ICW-SLC-05-02-M-8- and M-12 Shoreline Stabilization Project to extend the completion date to February 17, 2007 — The Board approved the extension to the Interlocal Agreement with FIND and authorized the Chairman to sign the Agreement. B. Approval of reduction in the overall retainage of the Indian River Drive Phase II Revegetation Project with Vila & Son Landscaping Corp from 10% to 5% for the remainder of the contract- The Board granted the reduction in the overall retainage from $326,386.62 to $163,193.31. 7. ADMINISTRATION Submittal of Seaport Dredging Grant Application to Florid Ports Council/FSTED for Phases 2 ad 3 of the Taylor Creek Dredging Project- The Board approved the submittal ul'lhc Scalwrt I)rcdging (ir,inl Application to Florida Prnls Council/IiSTID ibr additional funding ol'`G 1,500,000 lior phascs 2 and 3 ol'thc'1' iylor ('ruck I)rcdging Proicct. AIRPORT A. Extend FDOT Joint Participation Agreement from January 31, 2006 to December 31, 2006 and authorize the Airport Director to sign for time extension when no additional grants are involved.- The Board approved the extension of FDOT JPA # 412398-1-94-01 and authorized the chair to execute the extension and authorize the Airport Director going forward to sign grant extensions as long as there this no change to the grant amount for the St. Lucie County International Airport. B. Commercial Fence Contractors- Change Order No. 3 Extension of Time for Fencing at the St. Lucie County International Airport- The Board approved Change Order No. 3 increasing the contract number C05-01-052 to Commercial Fence Contractors, Inc. 74 days malting the new contract expiration date March 15, 2006 and authorized the Chair to sign the change order for security fencing at the St. Lucie County International Airport. C. Resolution No. 06-070 for Amended FDOT Supplemental Joint Participation Agreement for the project, install Security l7cncing and Security System- The Board approved Resolution No. 06-070 FDOT Supplemental .loin( Participation Agreement for Security Fencing & Security System enhancements with FDOT funding $352,264 and a local match of $88,066 for a project total of $440,330 and authorized the Chainnan to execute the same. D. Correct Scrivener Error on October 11, 2005 agenda request to revise fluids available Account # 140340-4220-563000-400 and approved budget amendment BA 06-126- The Board approved the correction to the scrivener error for the account number listed on the agenda request for the October 11, 2005 Board approval of Bid No. 05-105 for FRP Glide Slope -Runway 9 Replacement, and approved Budget Amendment No. BA06-126. HUMAN RESOURCES The following proposed actions are being taken in order to reward longevity and experience and recognize dedicated and loyal service by increasing the payout gradual increments beyond the current 480 hours of ten-tinal incentive pay by 40 hours each ear alter 10 or murc years ol'crulitablc C'ounly employment up to a maxiuiu►n ol'720 Hours after 16 years of continuous service to St. Lucie County Board of County Commissioners for non -bargaining unit employees. Also, to enhance the ability to attract and retain quality employees, those employees who have between 5-9 years of continuous service with St. Lucie County Board of County Commissioners will receive a half day's pay annually based on their hourly rate of pay as of September 30. Employees who have 11 or more years of continuous County service with the St. Lucie County Board of County Commissioners would receive a full day's pay based on their hourly rate of pay as of September 30 for all non -bargaining unit employees.- The Board approved the proposals for all non -bargaining unit employees. 10. MANAGEMENT AND BUDGET Dori Slosberg Mini -Grant Awards- The Board approved the awards of grant finds; changing the award date this year to Mareh I" instead of November I" and authorised the County Attorney's office to draw up the appropriate contracts for the Chairman's 4 signature. E 11. SHERIFF Advailce111e11t 101' ]WITiC,111C Costs and budget anicndmcnt in the amount of $396,999.00- The Board approved the request for advance and budget aniendnicnt ill the amount of $396,999.00. 12. AGRICULTURE Position Request for Extension Manager/Program Specialist- The Board approved the position for an Extension Manager/Program Specialist. 13. PURCHASING A. Award of RFP No. 06-001 Advertising Services for Tourism/Economic Development Division- The Board approved negotiating and awarding RFP No. 06-001 advertising services for Tourism/Economic Development Division to Gold & Associates and authorized the Chairman to sign the contract as prepared by the C 'Nulty AItorncy. >. Award of Bid # 06-022- St. Lucie County International Airport Construction Plans for Fiber Optic Communication System- The Board approved awarding Bid # 06-022 SLC International Airport Construction Plans for Fiber Optic Communication System to the low bidder, Precision Contracting Services Inc., for a total amount of $258,311.85. C. Award of Bid # 06-023 Airport Beacon Replacement and Tower Repairs- The Board awarded Bid # 06-023 to the only bidder, Southeastern Communication Services for a total amount of $33,882.00 and authorized the Chairman to sign the contract as prcparcd by the County Attorney. D. Fixed Asset Inventory Property Record Removal and permission to advertise Invitation for Bid to sell the attached list 01'cquipnicnt- The Board authorized stalTto remove the attached records from the fixed asset inventory and authorized permission to advertise for bids. E. Award of Invitation for Bids # 11,12 and 13 CDBG Housing Rehabilitation- The Board awarded Bid # 11 and 12 to the low bidder, Angus Enterprises, Inc., for a total amount of $ 135,000 each, awarded Bid # 13 to the low bidder, Alton Silver Homes, for a total amount of $138,000 and authorized the Chairman to sign the contract as prepared by the County Attorney. F. Approval to amend the contract award amount of $145,086.00 awarded to Sunrise Systems Inc., to include the payment and performance bond amount of $2,901.72 necessary for the Rock Road .Jail EIFS Removal on B-4Dorm and Medical Building- The Board approved amending the contract award amount for a total price of $147,987.72 and approved the Chairman signing the contract as prepared by the County Attorney. 14. UTILITIES Release of Retainage and Final Payment Application for Ditchdiggers, Inc., for construction services related to the US 1/Turnpike Feeder Road in the amount of $117,896.12- The Board approved the release of retainage and final payment application for Ditchdiggers, for construction services related to the US 1 Turnpike Feeder Road in the amount of $117,896.12. 5 15. COMMUNITY SERVICES This item was placed on the regular agenda for discussion. 16. INFORMATION TECHNOLOGY Request Board approval of a new agreement, C.A. No. 6-194 to extend the existing Bell South Centrex telephone service- The Board approved the request and authorized the Chainnan to sign the agreement. ADDITIONS/ CA-1 COUNTY ATTORNEY Ordinance No. 06-01 1- Deleting Property described in Exhibit 1 from Ordinance No. 2005-06 (Stop Gap) Ordinance- l3ascd on prior direction the Board approved granting permission to advertise Ordinance No. 06-011. CA-2. GRANTS Authorize the submittal of a grant application to the Florida Division of Emergency Management for a grant not to exceed $25,000 to be utilized to continue development of a Community Emergency Response Team. The Board authorized the submittal of the grant application, and also authorized the acceptance of the grant if approved for funding. CA-3. COMMUNITY SERVICES Authorize the submission of a Federal Appropriation request for buses and an Intermodal Operation anti Maintenance Facility- The Board approved the submission of a Federal Appropriation rcyucst IOr huscs and an Intermodal Operation and Maintenance Facility. REGULAR AGENDA 5.A PUBLIC SAFETY (1-982) Certificate of Public Convenience and Necessity Application of A Quality Care Transport for a Class F CON- Consider staff recommendation to approve the request of A Quality Care Transport and issue a CON for a Class F CON. Staff requested this item be continued to the February 28, 2006 meeting. Ms. Paula Barakous, owner of "We Care" addressed the Board and expressed her concern if there was a need for another service provider in the county. She also questioned the delay in the Medicaid application. The Chairman requested Ms. Barakous present her concerns in writing to the Board prior to the February 28, 2006 meeting. Mr. Ray Williams, applicant, addressed Ms. Barakous concerns and stated the Medicaid application has taken time due to the hurricanes and the damage the office has incurred. He stated he had to go through the 800 number for the application and this normally takes between 4 to 6 months. It was moved by Com. Crafat, seconded by Com. Smith, to continue this item on February 28, 2006 at 9:00 a.m. or as soon thereafter as it may be heard; and, upon roll call, motion carried unanimously. 6. ADMINISTRATION (1-1153) 6 West Midway Road lmprovemcnt District- Staff recommends that County staff continue discussions with the City ol' Port St. Lucie, Culpepper & Terpening, and adjacent property owners to explore forming a Special Assessment District for West Midway Road improvements from I-95 to State Road 70. It was moved by Com. Smith, seconded by Com. Craft, to approve staff recommendation, and; upon roll call, motion carried unanimously. 7. ADMINISTRATION (1-1493) Port Berths No. 2 & 3 Permitting- Staff recommends the County not withdraw the Port Berths No. 2 & 3 Permitting Applications at this time. it was moved by Conl. Craft, seconded by Com. Smith to approve staff recommendation, and; upon roll call, motion carried unanimously. 8. CENTRAL SERVICES Approve Demolition and Removal of Port St. Lucie Yacht Club- Approval to use lowest quotation, John O'Connell Demolition. Mr. Robert Gordon, Commodore, addressed the Board and asked the proposal be tabled until they can obtain more information on repairs. He stated he had received different figures from various contractors. Mr. Jim Trump, Yacht Club member, addressed the Board and stated the additional damage to the Chub was caused due to the county not covering the damage on the roof as promised. The Club members have contacted an attorney to protect their investment in the club. Mr. David Hedgecock member of the Club submitted a letter from the Yacht Club members. Mr. William Woolct, nlcinber addressed the Board alluded to page 15 ol'lhe contract which states, " the Yacht Club shall determine whether to build or re -build" and stated they have not been given the opportunity. Ms. Jane Monahan, member of the Yacht Club addressed the Board and requested this item be tabled. She stated the members have maintained and handled the rental of the building and would like to continue to do so. The County Attorney recommended continuing this item for a later date and suggested acquiring an independent architect to give an estimate of the cost to repair. He stated the lease does provide for the members to repair from disasters, however, they do need to show they have the monetary means to do the repairs. The County Administrator advised the Board he is still working with the insurance company. TIIC County's Risk Managenient Manager advised the Board the county is not required to have insurance on the facility and the agreement with the Club stated they are responsible for having insurance on the building at the fair market value of the properly. Com. Coward expressed his concern with the fact the insurance the Club had on the property is less than the replacement cost. It was moved by Com. Craft, seconded by Com. Smith to continue this item on February 28, 2006 at 9:00 a.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 7 We the Board of Directors of the PSLYC view these actions as violation of the terms of the existing lease contract on the building. We find it necessary to engage legal assistance to protect our interests in this matter. We the Board of Directors of the PSLYC, request the BOCC to not approve a hasty destruction of the building at this time. We believe a more thorough evaluation is needed by a competent, independent authority to determine whether the building can be restored or rebuilt. The Yacht Club requests that this issue be tabled until the County Commissioner for our district can become involved. Sincerely, The Board of Directors of the Port St. Lucie Yacht Club RobGor ,;C OEaine Ostrander, Vice Commodore Rear Commodore DavidpHedgecock,<-�:Wet Captain 'Catthiii Rabermehl, Social Director Eileen Jenny, PuOrio Lila=TrYjmp�, Trey surer -- Jim'Trump, Membership Director Spt'SchWart£ Past Commodore Distribution: Commissioner Joe Smith, District 1 Commissioner Doug Coward. District 2 Commissioner Paula Lewis, District 3 Commissioner Frannie Hutchinson, District 4 Commissioner Chris Craft, District 5 cc: Douglas M. Anderson, County Administrator Daniel McIntyre, County Attorney Millie Delago, Secretary 2 ST. Curti St. Lucie Yacht Chi Inc WO F.�csr Prima Vi,,t;c 1Suulcvanl, PorrSi- hic'ic, Hori(la ')4Q8"; • (TI'D k"71)-[Y,, 9oyr G�J February 13, 2006 Board of County Commissioners of St. Lucie County 2300 Virginia Ave. Ft. Pierce, FL. 34982 Dear Commissioners: Our club has been involved with the building commonly known as the Port St. Lucie Yacht Club (PSLYC) since 1985, years before it became St. Lucie County property. During these 20+ years, the Yacht Club has managed the property for public use and benefit. The Yacht Club has raised money and paid for building expansion and operating expenses, utilities, even the trash dumpster used by the public at the park. In past years the Yacht Club has put over $100,000 into this public facility. Additionally, PSLYC paid thousands more for hurricane repairs in 2004 and 2005. The volunteer labor by Yacht Club members amounts to unknown thousands of hours. Our club has a long and intimate history with that building. When the fire of mysterious origin occurred two months ago, our Commodore, Mr. Gordon, was assured by County officials on the scene that the building would be repaired and restored to good condition. This pledge was repeated numerous times in the following weeks. We acted on these words, rented storage space, and personally moved tables, chairs and other possessions with our cars and trucks. On the night of the fire, our Commodore expressed intention to have a temporary cover placed over the hole in the roof to prevent any further damage. County officials advised him not to do so, promising that the county would put a temporary cover on the roof "first thing tomorrow". This promise was repeated over again in the following weeks. The County has failed to act to cover the roof opening and prevent further damage. This negligence allowed additional damage to the building, increasing the cost of repair. Last week the county announced plans to tear down the building, citing additional damage by water intrusion in February as partial justification for tearing down the building. 9. COUNTY ATTORNEY Florida Communities Trust- Hackberry Hammock/FCT Project 05-069-FF5 — Contract for Sale and Purchase- Kelly - Consider staff recommendation to approve the contract for sale and pul'ChL1sC oI'the Kelly parcels for $775,000 as shown and authorize the Chairman to execute the contracts and directed staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. It was moved by Com. Craft, seconded by Com. Smith, to approve the contract for sale and purchase of the Kelly parcels for $775,000.; and; upon roll call, motion carried unanimously. 10. COUNTY ATTORNEY Sandscrub, LLC — Contract for Sale and Purchase- Perpetual Conservation Easement Part of Tax i.D. No. 41 16-1 13-0025-000-6- Consider staff recommendation to approve the Contract for Sale and Pnl-Chase of the Perpetual Conservation Easement for $2,000,000.00 as shown on the map, authorize the Chairman to execute the Contracts and direct staff to close the transactions and record the documents in the Public Records of St. Lucie Couniy, Florida. Com. Coward expressed his concern with there not being hunting restrictions on the property and asked that be incorporated into the agreement. Staff advised the Board this could be made part of the management plan. The County Attorney advised the Board he could address the concern and add the language to clarify those concerns. h was moved by Com. Smith, seconded by Com. Craft to approve sta('i'recommendation, ;uul; 111)on roll Call, ni()ti()n Carried unanimously. C-15. COMMUNITY SERVICES Permission to move forward with two housing developments: Villa Seton and Ft. Pierce Housing Authority- Consider staff recommendation to approve partial funding for the Villa Seton project and Ft. Pierce Housing Authority affordable housing collaborative in conjunction with the City of Ft. Pierce and the City of Port St. Lucie. The Housing Manager gave an update on the program. It was moved by Com. Craft, seconded by Com. Smith to approve staff recommendation, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court ADDITIONS AGENDA February 21, 2006 REGULAR AGENDA PHA1. GROWTH MANAGEMENT Consider the Petition of Kings Highway Industrial Park II, LLC, for a Change in Zoning from AG-1 (Agricultural — 1 du/ac) Zoning District to the IL (Industrial, Light) Zoning District for property located on east side of Kings Highway, approximately 550 feet north of the 1-95 overpass. Draft Resolution No. 05-394 — Consider staff recommendation to approve the withdrawal of the Petition of Kings Highway Industrial Park II, LLC, for a Change in Zoning from AG-1 (Agricultural — 1 du/ac) Zoning District to the IL (Industrial, Light) Zoning District. 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. Awl Agenda Request Item Number PIS -A- I Date: 02121/06 Consent [ ] Regular [ ] Public Hearing [ X j Leg. [ ] Quasi -JD [ X ) To: Board of County Commissioners Presented By Submitted By: Growth Management 1�.� � /� Growth Management Director SUBJECT: Consider the Petition of Kings Highway Industrial Park II, LLC, for a Change in Zoning from the AGA (Agricultural — 1 du/ac) Zoning District to the IL (Industrial, Light) Zoning District for property located on the east side of Kings Highway, approximately 550 feet north of the 1-95 overpass. Draft Resolution 05-394. BACKGROUND: Consider the Petition of Kings Highway Industrial Park 11, LLC, for a Change in Zoning from the AGA (Agricultural — 1 du/ac) Zoning District to the IL (Industrial, Light) Zoning District for property located on the east side of Kings Highway, approximately 550 feet north of the 1-95 overpass. (File No: RZ-05-017). FUNDS AVAILABLE: N/A PREVIOUS ACTION: At the December 6, 2005, public hearing on this matter, the St. Lucie County Board of County Commissioners, by a vote of 5 to 0, voted to continue this public hearing on February 21, 2006. The applicant has subsequently requested withdrawal of the application. RECOMMENDATION: COMMISSION ACTION: FX]APPROVED = OTHER Approved 5-0 _ Approve the withdrawal of the Petition of Kings Highway Industrial Park II, LLC, for a Change in Zoning from the AGA (Agricultural — 1 du/ac) Zoning District to the IL (Industrial, Light) Zoning District. = DENIED Douglas M. Anderson County Administrator Coordination/ Signatures County Attomey j6 &g Vx" Mgt. & Budget: Purchasing: Originating Dept.: Environmental Res. Div.: Other: Finance: Commission Review: February 21, 2006 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners FROM: Growth Management Director DATE: February 15, 2006 SUBJECT: Application of Kings Highway Industrial Park II, LLC, for a Change in Zoning from the AG-1 (Agricultural — 1 du/ac) Zoning District to the IL (Industrial, Light) Zoning District. COMMENTS At the December 6, 2005, public hearing on this matter, the St. Lucie Board of County Commissioners, by a vote of 5 to 0, voted to continue this public hearing on February 21, 2006. The applicant has subsequently requested withdrawal of the application. Staff recommends approval of the withdrawal of the Petition of Kings Highway Industrial Park II, LLC. (File No.:RZ-05-017). Please contact this office if you have any questions on this matter. SUBMITTED: Bob Nix, AICP Growth Management Director we cc: Kings Highway Industrial Park, LLC Dennis J. Murphy, Culpepper & Terpening, Inc. File TCULPEPPER & en TERPENING, INC. February 18, 2006 Honorable Douglas Coward, Chairman St. Lucie County Board of County Commissioners 2300 Virginia Avenue Consulting Engineers Land Surveyors 2980 South 25th Street Ft. Pierce, FL 34981 (772)464-3537 Fax (772) 464-9497 www.ct-eng.com Writers E-Mail: dmurphy@ct-eno.com Job Number: 05-314 Ft. Pierce, Florida 34982 Subject: Kings Highway Industrial Park II LLC/ Petition for Change in Zoning Dear Commissioner Coward: On December 6. 2005, the Board of County Commissioners began the review of the petition of Kings Highway Industrial Park II, LLC, for a change in zoning from AG-1 to IL for property located at the east side of North Kings Highway, approximately 550 feet north of the I-95 overpass. Specific action on this petition, including the opening of the public hearing, was continued until February 21, 2006. However, in reviewing the published Agenda for this meeting, a copy of which is attached, we are for some reason not on the list of scheduled Public Hearings. When we made our request for continuation, it was noted that we were making this request in recognition of the County Commissioners stated intent to complete a small area planning study for the area east of property our property. It was the belief of the Commission that the results of that small area study may effect the review of the petition. As you know, this study was just recently completed and while there were no specific parcel recommendations made as part of this planning review, there will likely be additional work required to be undertaken in order to begin the implementation of its broader policy recommendations. In recognition of the fact that there may still be community and public policy issues to be resolved in this area, Kings Highway Industrial Park II, LLC, would at this time like to withdraw its petition for change in zoning and allow the planning process to continue unimpeded by our pending zoning petition. On behalf of Kings Highway Industrial Park II, LLC, I would like to thank you and the other members of the County Commission for their considerations in this matter and look forward to working with you in the future on other projects in St. Lucie County. Thank you for your attention to this request. If you have any questions, please let me know. G'�i eppe T penin Inc. 1 w1 Dennis J Mu phy, AICP Senior Project Manager cc: 4C.U. Commissioners County Administrator County Attorney Growth Management Director \ David Chopper, Kings Highway Industrial Park II, LLC P1Proi-20D5105-181Rezoning Kings Highwaylndustrial Park lftcorrospond105-181-coward-1.doc FEBRUARY 21, 2006 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS — These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM — Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 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 Doug Coward, Chairman District No. 2 Chris Craft, Vice Chairman District No. 5 Joseph E. Smith District No. 1 Paula A. Lewis District No. 3 Frannie Hutchinson District No. 4 February 21, 2006 6:00 P.M. Invocation Pledge of Allegiance MINUTES Approve the minutes of the meeting held on February 14, 2006. 2. PROCLAMATIONS/PRESENTATIONS A. Reading of the announcements by the County Administrator. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBLIC HEARINGS 5A. GROWTH MANAGEMENT Consider Draft Resolution No. 06-043 granting a Conditional Use Permit to allow the operation of a Child Day Care Facility in the CN (Commercial, Neighborhood) Zoning District for property located at 5221 Winter Garden Parkway — Consider staff recommendation to approve Draft Resolution No. 06- 043. 5B. AIRPORT Consider the participation of the County Road and Bridge Division in the construction of the Airport West Commerce Park for an amount exceeding $250,000.00 and approve Resolution No. 06-080 — Consider staff recommendation to approve the participation of the Road and Bridge Division in the construction of the Airport West Commerce Park in an amount exceeding $250,000.00 and approve Resolution No. 06-080. 5C. GROWTH MANAGEMENT Consider Draft Resolution 05-390 granting a Change in Zoning from the RS-4 (Residential, Single - Family — 4 du/acre) Zoning District to the PUD (Planned Unit Development — Estancia) Zoning District and Preliminary Planned Unit Development approval for the project to be known as Estancia — PUD, for 10.33 acres of property located on the west side of South 25th Street, approximately Y4 mile north of Edwards Road — Consider staff recommendation to approve draft Resolution No. 05-390, subject to 8 limiting conditions. Regular Agenda February 21, 2006 Page Two 5D. GROWTH MANAGEMENT Consider Draft Resolution 06-010 granting a Change in Zoning from the RS-2 (Residential, Single - Family — 2 du/ac) Zoning District to the AG-1 (Agricultural — 1 du/ac) Zoning District for property located on the west side of Jenkins Road, approximately % mile north of Graham Road — Consider staff recommendation to deny Draft Resolution 06-010, for a Change in Zoning from the RS-2 (Residential, Single -Family - 2 du/ac) Zoning District to the AG-1 (Agricultural — du/ac) Zoning District. Staff recommends a change in zoning to the AR-1 (Agricultural, Residential — 1 du/ac) Zoning District. 5E. COUTNY ATTORNEY Petition for Abandonment - Abandon 60 feet of a deeded portion of a right-of-way known as S. 7tn Street - Resolution 05-425 — Consider staff recommendation to continue this Public Hearing to March 21, 2006 at 6:00 p.m. or soon thereafter as possible. END OF PUBLIC HEARINGS 6. GROWTH MANAGEMENT Update on the Status of The Reserve NOPC (Notice of Proposed Change) to The Reserve DR[ (Development of Regional Impact) and The Reserve Island Club - a 19,172 square foot clubhouse with a swimming pool, basketball court, and tennis court — Motion to find the Reserve Development of Regional Impact not in compliance with the adopted comprehensive plan and development order based on the staff findings and conclusions, and to direct the staff to take the actions recommended in the -staff s, report. Island Club cannot be approved -pursuant to Section 380.06(17), Florida Statutes, until all substantial ddvelopment order compliance issues are resolved. 7. COUNTY ATTORNEY Stop Gap Ordinance No. 06-012 — Consider staff recommendation to grant permission to advertise Ordinance No. 06-012. 8. ADMINISTRATION Prioritizing the following six federal appropriation requests. 1. $4,500,000 in FY2007 Construction General Account of the Energy and Water Development Appropriations bill for the Fort Pierce beach project. $1 million of the requested funds will be combined with funds provided in the FY 2006 supplemental appropriations bills to re -nourish Fort Pierce Beach. The remaining $3.5 million will be used to pay for half of the federal share of constructing groins south of Fort Pierce Inlet, a federal channel. This construction is expected to take place in 2008 and will allow for less frequent re-nourishments of the Fort Pierce beach. 2. $6,000,000 from the Formula and Bus Grants account of the FY 2007 Transportation, Treasury and Housing Appropriations Act to purchase seven new buses as well as help construct a new intermodal facility where the County's bus fleet can be parked and maintained. An 8-acre site located on Selvitz Road, which is owned by the County, is being considered for the location of the intermodal facility. 3. $2,700,000 in FY2007 Federal Airport Improvement Program discretionary funds to begin the construction phase of a new parallel runway at the St. Lucie County International Airport. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: December 6, 2005 Convened: 6:00 p.m. Tape: 1-2 Adjourned: 8:30 p.m. Commissioners Present: Chairman, Doug Coward, Chris Craft, Frannie Hutchinson, Joseph Smith, Paula A. Lewis, absent Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Pete Keogh, Parks and Recreation Director, Don West, Public Works Director, Jim David, Mosquito Control Director, Marie Gouin, M & B Director, Ed Parker, Purchasing Director, Gil Backenstoss, Asst. Growth Management Director, Mike Pawley, County Engineer, Hank Flores, Planning Manager, Millie Delgado -Feliciano, Deputy Clerk MINUTES (1-024) It was moved by Com. Smith, seconded by Com. Hutchinson, to approve the minutes of the meeting held November 29, 2005 and; upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATION The County Administrator read upcoming events, and meetings. 3. GENERAL PUBLIC COMMENTS Mr. Charles Grande, Presidents Council Hutchinson Island, addressed the Board regarding the Port property owner requesting a submerged land lease from the State. Mr. John Arena addressed the Board regarding the organized crime in the area. 4. CONSENT AGENDA (1-200) It was moved by Com. Craft, seconded by Com. Smith, to approve the Consent Agenda, with item C 12 -I pulled, and; upon roll call, motion carried unanimously. WARRANT LIST The Board approved Warrant List No. 9. Mr. Murphy advised the Board if the County is in the position that in fact they can under horticultural services operate conditional use activity on this property, they would be prepared to go and do that, however, they would like it done in a timely process. Com. Coward thanked the representative for his cooperation and stated he was more inclined to recommend and vote in favor of the AR-1 zoning. The County Attorney recommended the Board move to approve the petition as amended to approve the AR-1 district with the request to county staff to expedite the conditional use application that would be presented and filed in short order and presented to the Board as soon as possible. It was moved by Com. Craft to approve the petition as amended to approve the AR-1 district with the request to county staff to expedite the conditional use application that would be presented and filed in short order and presented to the Board as soon as possible, motion died for lack of second. It was moved by Com. Hutchinson to approve the AG-1 zoning as recommended by staff; motion died for lack of second. - - - It was moved by Com. Craft, seconded by Com. Smith, to approve the petition as amended to approve AR-1 district with the request to county staff to expedite the conditional use application that would be presented and filed in short order and presented to the Board as soon as possible, and; upon roll call, the vote was as follows: Nay: Hutchinson, Aye's: Smith, Craft, Coward, motion carried by a vote of 3 to 1 with one member absent. E. GROWTH MANAGEMENT (2-214) Consider the petition of Kings Highway Industrial Park II, LLC for a change in zoning from AGA to IL zoning district for property located at the east side of Kings Highway, approximately 550 feet north of the I-95 overpass. Consider staff recommendation to approve Draft Resolution No. 05- 394. Com. Coward stated in reading through the Planning and Zoning minutes there was a question asked regarding the neighborhood planning effort in this general area. Com. Coward asked why staff was recommending approval when they were approximately 1 month away from having that plan. 10 Com. Coward stated he would prefer to have the neighborhood planning effort be conducted first before approving this petition. Com. Hutchinson advised those present she had met with the residents in the area. Mr. Dennis Murphy, Culpepper and Terpening, representing the petitioner, addressed the Board and asked this item be continued rather than to participate in lengthy discussion and have the opportunity to meet with the Board on an individual basis addressing concerns of the neighborhood planning effort. It was moved by Com. Hutchinson, seconded by Com. Craft to continue this public hearing on February 21, 2006 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. F. MANAGEMENT AND BUDGET Amendment to FY 2005 budget- Consider staff recommendation to adopt Budget Resolution 05-474 amending the FY05 budget. It was moved by Com. Hutchinson, seconded by Com. Smith, to approve Budget Resolution No. 05-474 amending the FY 05 budget, and; upon roll call, motion carried unanimously. RA-1 ADMINISTRATION Awarding of Bid to David Brooks Enterprises for the Clerk of Court Building- Consider staff recommendation to revoke the bid award to Paul Jacquin & Sons, Inc., for construction of the new Clerk of Courts Building and awarding the bid in an amount not to exceed $11,863.00 to David Brooks Enterprises, authorize the Chairman to sign the contract as prepared by the County Attorney, and transfer $440,028.00 from the Monumental Staircase Bond issue to cover the increased contract amount. It was moved by Com. Craft, seconded by Com. Hutchinson, to approve staff recommendation and authorize the Chairman to sign the contract as prepared by the County Attorney and transfer $440,028.00 from the Monumental Staircase Bond, and; upon roll call, motion carried unanimously. UNAGENDAD Com. Hutchinson requested ratification of the following appointments. William Blazak, Citizen's Budget Committee Hal Roberts- TDR Committee Michael J. Garavraglia Jr. — TDR Committee 11 To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: Agenda Request Board of County Commissioners Item Number Date: Consent Regular Public Hearing Leg. [ ] 5A 02/21 /06 [Xl Quasi -JD [ X Presented By Growth Management Growth M nagement Director Consider Draft Resolution 06-043 granting a Conditional Use Permit to allow the operation of a Child Day Care Facility in the CN (Commercial, Neighborhood) Zoning District for property located at 5221 Winter Garden Parkway. The attached Resolution was heard and approved on a 4-3 vote by the Planning and Zoning Board. Public testimony at the hearing raised concerns about safe traffic circulation due to the small site size. Upon review a third condition is recommended that was not heard at the Planning and Zoning hearing, as follows: "3. Prior to the issuance of a Development Order, the proposed Final Site Plan shall be determined by staff to provide sufficient on -site stacking, adequate driveway design, and proper internal vehicular circulation to ensure safety of children loading and unloading on -site and safe ingress and egress for vehicles." The petitioner, Paulette Gallo, has requested this Conditional Use Permit to allow the operation of a Child Day Care Facility in the CN (Commercial, Neighborhood) Zoning District. (File No: CU — 05-016) N/A PREVIOUS ACTION: At the January 19, 2006, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 4 to 3 (Mr. Grande, Mr. Hearn, and Mrs. Caron) with two members (Pamela Hammer and Ed Lounds) absent, recommended approval of the conditional use permit subject to two limiting condition. RECOMMENDATION: COMMISSION ACTION: I " APPROVED = OTHER Approved 5-0 _ Staff recommends approval of Draft Resolution 06-043. = DENIED Coordination/ Signatures County Attorney j'. V Mgt. & Budget: _ Originating Dept.: Environmental Res. Div.: _ Finance: NCURRENCE: Douglas M. Anderson County Administrator Purchasing: Other: V Commission Review: February 21, 2006 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Growth Management Director DATE: February 15, 2006 SUBJECT: Application of Paulette Gallo for a Conditional Use Permit to allow a Child Day Care Facility in the CN (Commercial, Neighborhood) Zoning District. (CU-05-016) LOCATION: 5221 Winter Garden Parkway, Lakewood Park Subdivision ZONING DESIGNATION: CN (Commercial, Neighborhood) LAND USE DESIGNATION: RU (Residential, Urban) PARCEL SIZE: 0.36 acre PROPOSED USE: Child Day Care Facility SURROUNDING ZONING: The subject property is adjacent to the CN (Commercial, Neighborhood) Zoning District to the northeast, southeast, and southwest and RM-5 (Residential, Multifamily — 5 du/acre) Zoning District to the northwest SURROUNDING LAND USES: The existing land use surrounding the subject property is residential and commercial, neighborhood. The Future Land Use Classification of the immediate surrounding area is RU (Residential Urban) to the north, south, east, and west. FIRE/EMS PROTECTION: Station #7 (4800 Fort Pierce Blvd) is located approximately one mile to the southwest. UTILITY SERVICE: Existing Septic and Well February 15, 2006 Page 2 TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: SCHEDULED IMPROVEMENTS: TYPE OF CONCURRENCY DOCUMENT REQUIRED: Subject: Paulette Gallo File No.: CU-05-016 The existing right-of-way for Winter Garden Parkway and Pandora Avenue is 70 feet. None at this time. Certificate of Capacity. 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 Board of County Commissioners 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 portions of the St. Lucie County Land Development Code. Section 3.01.03(Q)(7), CN (Commercial, Neighborhood) Zoning District, allows Child Day Care Facilities as a conditional use, subject to Board of County Commission approval. 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 applicant proposes to operate a Child Day Care Facility for approximately 40 children between the ages of 2 to 5 with some after school children up to 12 years old. The nearby properties are utilized as residential and limited commercial uses. 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; February 15, 2006 Page 3 Subject: Paulette Gallo File No.: CU-05-016 This conditional use is not expected to create significant additional demands on any public facilities in this area. The existing structure will be brought into compliance with all building and fire department codes to operate a child day care facility. 4. Whether and the extent to which the proposed conditional use would result in significant adverse impacts on the natural environment; The proposed conditional use is not anticipated to create adverse impacts on the natural environment. The existing structure which is classified as a single family residence on the Property Appraisers tax roll will be used in a manner similar to a day care/classroom atmosphere. The typical child care equipment such as outdoor swing sets and other child friendly will be placed in the yard. The playground will be surrounded by a 6 foot high wood privacy fence for the safety and security of the children. COMMENTS The applicant, Paulette Gallo, has applied for the requested conditional use in order to operate a Child Day Care Facility in CN (Commercial, Neighborhood) Zoning District. This activity is allowed as a conditional use in this zoning district upon approval of Board of County Commissioners. The petitioner proposes to lease the property for the operation of Child Day Care Facility for approximately 40 children between the hours of 7:00 am and 6:00 pm Monday thru Friday. There will be 4 to 5 full time staff and 2 part time staff. Approval of this conditional use permit application will allow the applicant to apply for the required zoning compliance certificate and state certifications in order to operate the subject property as a Child Day Care Facility. Attached is a copy of Section 3.01.03(Q) — CN (Commercial, Neighborhood) Zoning District), of the St. Lucie County Land Development Code, which delineates the permitted, accessory, and conditional uses allowed in the zoning district. At the January 19, 2006, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 4 to 3 (Mr. Grande, Mr. Hearn and Mrs. Caron) with two members (Mrs. Hammer and Mr. Lounds) absent, recommended approval of the requested Conditional Use Permit with one limiting condition. The Planning and Zoning Commission had concerns about safety for the children and the need for a buffer area from the street and residential areas, as well as, the additional traffic impact from parents dropping children off and picking children up from the day care during busy hours of the day. February 15, 2006 Page 4 Subject: Paulette Gallo File No.: CU-05-016 Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that the Board approve the petition for a conditional use permit to allow a Child Day Care Facility in the CN (Commercial, Neighborhood) Zoning District subject to the following conditions: 1 The hours of operation for the Child Day Care Facility shall be from 7:00 A.M. to 6:00 P.M. - Monday through Friday. 2. Prior to the issuance of a zoning compliance certificate the developer, his successors or assigns, shall be required to bring the subject property into compliance with the St. Lucie County Land Development Code concerning landscaping, screening, and parking requirements to include paving. 3. Prior to the issuance of a Development Order, the proposed Final Site Plan shall be determined by staff to provide sufficient on -site stacking, adequate driveway design, and proper internal vehicular circulation to ensure safety of children loading and unloading on -site and safe ingress and egress for vehicles. Attached is a copy of Draft Resolution 06-043, which, if approved, would grant the conditional use permit. Please let this office know if you have any other questions. SUBMITTED: -Y 0.�' N4 Bob Nix, AICP Growth Management Director Attachment lap cc: Paulette Gallo Anne F. Prestridge File t 1 RESOLUTION 06-043 2 FILE NO.: CU05-016 3 4 5 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT 6 TO ALLOW THE OPERATION OF A CHILD DAY CARE 7 FACILITY IN THE CN (COMMERCIAL, NEIGHBORHOOD) 8 ZONING DISTRICT FOR CERTAIN PROPERTY IN ST. LUCIE 9 COUNTY, FLORIDA 10 11 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the 12 testimony and evidence, including, but not limited to the staff report, has made the following 13 determinations: 14 15 1. Paulette Gallo presented a petition for a Conditional Use Permit to allow for the 16 operation of a Child Day Care Facility in CN (Commercial, Neighborhood) Zoning 17 District, depicted on the attached maps as Exhibit "B" and described in Part "B" below. 18 19 2. On January 19, 2006, the St. Lucie County Planning and Zoning Commission held a 20 public hearing on the petition, after publishing notice at least 10 days priorto the hearing 21 and notifying by mail all owners of property within 500 feet of the subject property, and 22 recommended that the Board of County Commissioners approve a conditional use 23 permit to allow for the operation of a Child Day Care Facility in the CN (Commercial, 24 Neighborhood) Zoning District for the property depicted on the attached maps and 25 described in Part B below. 26 27 3. On February 21, 2006, this Board held a public hearing on the petition, after publishing 28 notice at least 10 days prior to the hearing and notifying by mail all owners of property 29 within 500 feet of the subject property. 30 31 4. The proposed Conditional Use is consistent with the goals, objectives, and policies of 32 the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 33 11.07.03 of the St. Lucie County Land Development Code. 34 35 5. The proposed Conditional Use will not have an undue adverse effect on adjacent 36 property, the character of the neighborhood, traffic conditions, parking, utility facilities, or 37 other matters affecting the public health, safety, and general welfare. 38 39 6, The proposed Conditional Use will be serviced by adequate public facilities and services. 40 41 7. A Certificate of Capacity as required under Chapter V. St. Lucie Land Development 42 Code, a copy of which is attached to this resolution as Exhibit "A", was granted by the 43 Growth Management Director on February 21, 2006. File No.: CU-05-016 Resolution 06-043 February 21, 2006 Page 1 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 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 Paulette Gallo to allow for the operation of a Child Day Care Facility in the CN (Commercial, Neighborhood) Zoning District is hereby approved for the property owned by Paulette Gallo and described below, subject to the two following conditions: 1. The hours of operation for the Child Day Care Facility shall be from 7:00 A.M. to6:00 P.M. - Monday through Friday. 2. Prior to the issuance of a zoning compliance certificate the developer, his successors or assigns, shall be required to bring the subject property into compliance with the St. Lucie County Land Development Code concerning landscaping, screening, and parking requirements to include paving. 3. Prior to the issuance of a Development Order, the proposed Final Site Plan shall be determined by staff to provide sufficient on -site stacking, adequate driveway design, and proper internal vehicular circulation to ensure safety of children loading and unloading on -site and safe ingress and egress for vehicles. B. The property on which this conditional use permit is being granted is described as follows: Lakewood Park Unit 12-A, Block 168, Lots 21A and 22A (Property Tax ID# 1301-615-0042-000/1) (Location: 5221 Winter Garden Parkway, Fort Pierce) C. This Conditional Use Permit approval shall expire on February 21, 2007, unless a zoning compliance is obtained or an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code. D. The Conditional Use Permit approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Paulette Gallo, including any successors in interest, shall obtain all necessary permits and authorizations from the appropriate Local, State, and Federal regulatory authorities prior to the issuance of any local building permits or authorizations to commence development activities on the property described in Part B. E. The Certificate of Capacity, a copy of which is attached to this resolution as Exhibit "A", 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 File No.: CU-05-016 February 21, 2006 Resolution 06-043 Page 2 0 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 shall be required. F. The St. Lucie County Growth Management Director is hereby authorized 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 Doug Coward XXX Vice -Chairman Chris Craft XXX Commissioner Paula A. Lewis XXX Commissioner Joseph E. Smith XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED This 21ST Day of February, 2006. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk File No.: CU-05-016 February 21, 2006 County Attorney Resolution 06-043 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 lap HAPLANNING\Conditional Use\5221 Winter Garden Pkwy\CU05-016 RES.doc File No.: CU-05-016 February 21, 2006 Exhibit A Certificate of Capacity Resolution 06-043 Page 4 1 2 3 4 =I Exhibit B 6 7 8 General Location Map 9 Area Subject to the Conditional Use to Permit 11 Aerial Map 12 Zoning Map 13 Land Use Map 14 15 16 17 18 File No.: CU-05-016 Resolution 06-043 February 21, 2006 Page 5 25 O •— ( N O z n, a A c o of nrd V � � rK U P�\a^``o a � nLs9oco c _ Wn MAP q t WY �M M PY hK A w l F w Mwws • gra �ww P ^s t v w r.en..Y 0 o 0 m R H Q f s CO a J s � i J 2 Alunoo eeg043e94O �A petition of Paulette Gallo for a Conditional Use Permit to allow the operation of a Child Day Care Facility in Commercial, Neighborhood Zoning District. ARTHURS RD w Q � Q 0 O O } Z 5 g a w Y EDEN RD J� z Q. O �y- w p J Q W Q� LIBERTY WAY VINDALE AVE�Q-1 lyf� ~A xe Q� O MAR ST w 5� gP CU 05-016 legendN �rowtif alanggt�nt D�artrxent Subject property Map prepared January 4, 2006 Zoning RS-4 ARTHURS RD i RMH-5 I LIBERTY WAY VIN DALE AVE Paulette Gallo imimmomm Moll EDEN RD 0 0 O��P,� 3 5I ,000� Q RS-4 x x CO \-\\/ / ��\ Z-/�\ CU 05-016 Legendt,�wo��:: N ,tsowtif .afanggemerrt Depastm�nt ® Subject property Map prepared January 4, 2006 Land Use RU ARTHURS RD RU I LIBERTY WAY VINDALE AVE ST CU 05-016 Paulette Gallo Legend ® Subject property EDEN RD G w a z Q o w U o QU g]I P/F J W Y all .ftrG u: L�Otss�, N �sowtf:Marrgyement Dtpar•tmeart Map prepared January 4, 2006 O. CN COMMERCIAL, NEIGHBORHOOD Purpose The purpose of this district is to provide and protect an environment suitable for limited retail trade and service activities covering a relatively small area and that is intended to serve the population living in surrounding neighborhoods. The number in"()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Beauty and barber services. (72Y724) b. Civic, social and fraternal associations (ew,) C. Depository institutions (so) d. Laundering and drycleaning (self-service). (7215) e. Real estate (ss) f. Repair services: (1) Electrical repair. (762) (2) Shoe repairs u2s) (3) Watch, clock, jewelry, and musical instrument repair. (7631) g. Retail trade (each building shall be less than 6,000 square feet gross floor area, all uses inclusive): (1) Antiques (s932) (2) Apparel and accessories. (ss) (3) Books and stationery. (5942/5943) (4) Cameras and photographic supplies. (5946) (5) Drugs and proprietary. (5912) (6) Eating places (5812) (7) Florists. (5m) (8) Food stores (54) (9) Gifts,. novelties, and souvenirs. (5947) (10) Hobby, toy and game shops (5945) (11) Household appliances (m) (12) Jewelry. (5944) (13) Newspapers and magazines. (5994) (14) Optical goods. (5995) (15) Nurseries, lawn and garden supplies. (526) (16) Radios, TV's, consumer electronics and music supplies (573) (17) Sporting goods and bicycles. (5941) (18) Tobacco products. (5993) h. Video tape rental (784) 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 sL Lucie county Land Development code Adopted August 1.19M 3 - 25 Revised Through 0515/04 Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses a. Car Washes (Self Service Only) - subject to the provisions of Section 7.10.22. (999) b. Day care - adult (e322) -child (8351) C. Postal services. (4311) d. Retail trade: (1) Gasoline services - accessory to retail food stores under SIC-5411. (999) (2) Undistilled alcoholic beverages accessory to retail sale of food. (5921 -Except for liquor) e. Telecommunication towers - subject to the standards of Section 7.10.23 (999) B. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. Drinking places (undistilled alcoholic beverages) accessory to an eating place. (999) b. One dwelling unit contained within the commercial building, for on -site security purposes. (999) St Lucie Coady Land Development Code Adopted August 1.1990 3 - 26 Revised Through 05/16/04 Agenda Item #5 Petition -Paulette Gallo CU-05-016 Chairman Hearn ask if Mrs. Linda Pendarvis was the planner assigned to this project Growth Management's Planner Linda Pendarvis stated that Agenda item CU-05-016 is a petition by Mrs. Paulette Gallo request for a Conditional Use permit that would allow a child day care in a Commercial Neighborhood Zoning District. The Petition request is located at 5222 Winter Gardens Parkway Lakewood Park. The petitioner proposes to lease the property to Ann Prestige for the operation of a child day care facility, for approximately 40 children between the hours of 7:OOAM to 6:00 PM Monday thru Friday. There will 4 to 5 full time staff and 2 part time staff. Approval of this Conditional Use permit application will allow the applicants lessee to apply for the required Zoning compliance certificate and State certification in order to operate the subjects property as a child day care facility. Staff finds that the petition meets the standards of review as set forth in the Saint Lucie County Land Development Code and is not in conflict with the County's Comprehensive Plan. Staff recommends that the committee forwards the application to the Board of County Commissioners with a recommendation of approval subject to the following conditions that limit the hours of operation to 7:OOAM to 6:00 PM, Monday thru Friday. Chairman Hearn stated, are there any questions of staff? Mr. Grande states that they have two communications from residence in the area. Planner Linda Pendarvis responded to the previous question by stating yes. Mr. Grande asked if the Growth Management Department received the communication before making the recommendation. Planner Linda Pendarvis stated that the communications were received late that afternoon by email. Mr. Grande asks if the communication influence her to change her recommendation. Response was no. Chairman Hearn states that if there is any question for staff. Mr. John Knapp asks whether the parcel was service by Central water and Sewer. Planner Linda Pendarvis responded to the previous question by stating no, it is on septic. Mr. Knapp responded by ask about the amount of time until the Lake Wood Park area would be service by Central Service. Chairman Hearn stated that he was under the perception that the Lakewood park area was moving forward with water. Mrs. Caron stated that in order to obtain Central Services a petition would have to go out and that there must to be so many residences in agreement for the change from septic and well. Chairman Hearn opens the meeting to the public. Page 15 of 26 Ann Prestige stated that she was there to request a Conditional Use for a day care center in Lakewood Park. She went on to state that there is a need for the service due to the number of working families in the area. She stated that she chose the location because of its practicality. The parents who are using the center will not be dumped onto a busy road, there is red light at the intersection of Winter Park Parkway and the Turnpike Feeder Road. She then continued by stating that she expects to service children ages 2-5 and some after school children. She summed up her statement by stating that the child day care center will operate between the hours of 7:OOAM to 6:00 PM, Monday through Friday, and that they will be closed on most major holidays. Chairman Hearn ask the previous speaker how she was connected to the application. Ann Prestige responded to the previous question by stating she will be leasing the property. Chairman Hearn asks if there was any one else who wanted to speak. Julie Orban stated she was a property owner in Lakewood Park. She continued by stating that she was concern about the day care center being there since it is a residential neighborhood. Although there is a single light the intersection of Winter Garden Parkway is a dangerous intersection if you come out from Pandora onto Winter Garden Parkway it is impossible. She went on to state that during the early morning and afternoon hours with the school buses and their various stops. She then stated she could imagine parents pulling in and out of the day care center at 7 and 8 am in the morning. She went on to state that she thought that it would be a very dangerous situation. She summed up her statement by stating that she was aware of the by-laws that do allow residence to operate a home business as long as it does not generate more traffic, and that she was interested in what the septic system capacity is concerning the number of children who will be serviced by the establishment. She then questions whether there was any type of inspection from the Board of Health before any approvals for the project are passed. Chairman Hearn asked staff could they respond to the concerns of the previous speaker. Planner Linda Pendarvis responded to the previous question by stating that the applicants would be required to obtain Certification from the State as well as pass inspection by both the Health Department and the Building Department. Chairman Hearn asks staff to respond to the concern concerning provision for off loading children off a public street onto private property where the business is going to be located. Planner Linda Pendarvis responded by stating that the applicant will have a driveway area where the children can be dropped off. Chairman Hearn asked if provisions for a driveway area can be a condition of the Conditional Use. Planner Linda Pendarvis responded by stating that the County could ask for a site plan layout that shows the driveway improvements where the children will be dropped off. Julie Orban stated that the front of the property fronts Winter Garden Parkway, which is only 100 feet from the traffic light and Miami's beauty shop. She went on to state that there have been a number of accidents of people pulling out of the beauty shop. She thought that they would need a Page 16 of 26 circular driveway to drop children off. She then stated that once there was a business operating out of that location, however, they never generated any more traffic, which is what made them consistent with Lakewood Parks existing By Laws. Mrs. Caron asked for clarification on the specific road that the property fronts. She then stated that from looking at the map the property in question seem to be fronting Pandora and not Winter Garden Parkway. If that is the case, to access the property they would have to go to Pandora to drive up and drop off the kids. Chairman Hearn stated that he concurs with Mrs. Caron on the entry points for accessing the property in question. Mr. Grande stated that from looking at the map it seems to indicate a single entry point to access the driveway. He then asked, would there be accommodation to off load up to 40 children? Mrs. Orban asked if you have 20 kids coming in there between 7 am and 8am in the morning. She continued by stating she takes Winter Garden Parkway to school and that between the school buses and traffic Winter Garden Parkway is like a major highway, which makes it extremely dangerous. Vice Chairman Ramon Trias stated that the committee could make the provision for a driveway a requirement for approval for a Conditional Use Permit. He then stated that the condition would state that the site layout be designed with adequate area from Pandora Avenue to the drop off point. Mrs. Orban asked, could the conditional use be utilized for something else in the event the business shuts down? She summed up her statement by disclosing to the Committee that there is a new large day care provider opening near the Indian River County line. Chairman Hearn stated that this was a public meeting are there anyone who would like to be heard. Mrs. Paulette Gallo stated that she owned the property at 5221 Winter Garden Parkway. She then stated that her physical address was 5848 Sunberry Circle in Portofino Shores Fort Pierce. She continued by stating that she had purchased the property in hopes that some one would use the property for that specific use. There are day care centers operating now in Lakewood Park. Many people are taking there kids to private homes for day care services. There are no day care centers along the Turnpike Feeder Road, or in the vicinity of Portofino Shores, Holiday Pines, or the front part of Lakewood Park for people to take their children to for day care services. She stated she had pictures that demonstrate that there was sufficient parking that could be a drop off point on Pandora where it is not as busy as the Winter Garden Parkway. Chairman Hearn asked Mrs. Gallo to pass the pictures to Hank Flores. Mr. Grande ask Mrs. Gallo what was the square footage on the building, as well as the number of rooms, bathroom facilities where they are proposing to use as a day care center. Mrs. Orban stated that the building was recently painted and completely renovated with improvements that included storm shutters and new kitchen facility. She went on to say that the street access is from Pandora onto the side. Page 17 of 26 There is gravel in front of the house and a privacy fence that encompasses the back portion of the property where the children will be. There is no access that would allow the children to access the road. Mrs. Caron asks Mrs. Orban is there a privacy fence to the rear of the home. She then ask if there was anything in the front near the drop off the area. She then stated that it appears that there is a double door and ask if that door would be the entry point to enter in and out of the day care center. There appears from the layout that there is lot of excess to the road. She summed up her statement by asking will there be any additional fencing? Mrs. Orban responded to the previous question by stating that there is a door that leads into a room that will be locked at all times. She then stated that she will not be running the day care center. She summed up her statement by confirming that the double door will be the entry points for accessing the day care center. Vice Chairman Ramon Trias asked for clarification on the existing drive way material. He then ask staff if the code allows for using gravel as a surface material on a Commercial property. Planner Linda Pendarvis responded by stating that the property will need to be brought up to Code, which requires an all weather surface materials. Vice Chairman Ramon Trias ask if there were any requirements for landscaping associated with the parking area. He then asked if that was a part of the application process that the property will be brought up to Code. Planner Linda Pendarvis responded to the previous question by stating that landscaping requirements would be a part of the Zoning Compliance Application. Mrs. Kathryn Hensley stated that the Center will be inspected by the Health Department, as well as the Department of Children and Families, and they will make sure of the safety of the children. She went on to state that this application was the starting point for a lot of different hoops they will have to jump through. Chairman Hearn ask if the application is recommended for approval and does get approved are there any type of requirements to buffer Commercial properties from Residential properties with a wall or a fence. Planner Linda Pendarvis asked for clarification on which residential homes that would require buffering from the proposed Day Care Center. Chairman Hearn responded by stating the RM-5 to the Northwest of the proposed Day Care Center. Planner Linda Pendarvis responded to the previous question by stating that there are no requirements to mandate that they put fencing in front of the property. Chairman Hearn responded to the previous answer by stating that he thought that a wall or a fence was required to buffer the two land uses from each other, which include the street. Page 18 of 26 Planner Linda Pendarvis responded to the previous statement by stating that the Landscaping requirements will give them screening from the right away. Chairman Hearn asked Hank Flores to comment on the question asked of staff. Senior Planner Hank Flores stated that he was not sure if there is a requirement due to the intervening street. Although it could be included as a condition of the Conditional Use application. Vice Chair Ramon Trias stated that he recall from a previous discussion that the requirement was not a good idea to have walls along a street. He went on to state that the landscaping requirements sound like a good solution. Chairman Hearn responded that he was more concern about the safety of the children rather than the aesthetics of what it look like from across the street with proper landscaping. Chairman Hearn ask if any one else want to speak? Mrs. Darlene Koons stated that she was a property owner in Lakewood Park and that she has friends that live on Liberty Way, which is the Trailer Court to the left off of the Feeder Road after you turn onto Winter Gardens Parkway. She travels along the Feeder Road to visit her friends and that due to the traffic she can't access her friend homes from that direction. She has to travel down to Fort Pierce Boulevard because it is impossible to go there early in the morning. She then stated that she picks up people to take to Lakewood park to visit the art gallery. She summed up by stating that the traffic is so bad that she is afraid she will be hit from behind by the traffic. She thought it would be very unsafe because there already been a lot of accidents with deaths at that intersection. Chairman Hearn closed the floor to the public, and returned to the Board for discussions for a motion. Mr. Mundt stated that after considering the testimony presented during the public hearing including staff comments as provided for by the Standards of Review as set forth in Section 11.07.03 of the Saint Lucie Land Development Code, I hear by move that Planning and Zoning Commission recommend that the Board of County Commissioners grant approval to the application for Paulette Gallo to allow for a Child Day Care Facility in the CN Commercial Neighborhood zoning district because the proposed facility is compatible with zoning and the needs of the community. Mrs. Caron stated she would second the move if we add the language that requires an adequate driveway for pick up and drop off points. She then asked staff if the Health Department and Division of Children and Family would be a part of making sure there is adequate drop off and pick up points. Mrs. Hensley stated that the State has various restrictive guidelines to insure the children's safety. Mr. Grande stated he was concern that the location was not appropriate for the proposed use and that with out seeing a layout of the site that demonstrates a workable plan he would not be able to support the application. Chairman Hearn stated he was concerned with the size of the property and the safety issues with regards to Winter Garden Parkway as a result he could not support the application. Page 19 of 26 Mrs. Caron stated that she echo both of there concerns as well as safety issues with regards to the water and septic capacity. She then stated she thought it was a dangerous situation as a result she could not support the application. Chairman Hearn asked for roll call: Mr. Knapp — yes Mr. Trias- yes Mr. Grande- No Mrs. Morgan- yes Mr. Mundt- yes Mrs. Caron- No Mr. Hearn- No Chairman Hearn stated that the application will be sent to the Board for approval. Page 20 of 26 BOARD OF COUNTY COMMISSIONERS February 8, 2006 5;p. Luci E Cou COU NTY F,.L ',0 R 1 D A a GROWTH MANAGEMENT In accordance with the St. Lucie County Land Development Code, you are hereby advised that Paulette Gallo has petitioned St. Lucie County for a Conditional Use Permit to allow the operation of a Child Day Care Facility in the CN (Commercial, Neighborhood) Zoning District for the following described property: Location: 5221 Winter Garden Parkway, Lakewood Park. 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 February 21, 2006, 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 strongly encourages your input and comment at public hearing of this matter before the Planning and Zoning Commission and County Commission, rather than by contact outside of the scheduled public hearing(s). We encourage you to speak at these public hearings, or provide written comments for the record. The proceedings of the Board of County Commissioners are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above -described parcel, please forward this notice to the new owner. Please call (772) 462-1562 if you have any questions, and refer to: File Number: CU-05-016. Sincerely, T. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Doug Coward, Chairman JOSEPH E. SMITH, District No. 1 • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • FRANNIE HUTCHINSON, District No. 4 • CHRIS CRAFT, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 • Planning: (772) 462-2822 GIS/Technical Services: (772) 462-1553 Economic Development: (772) 462-1550 Fax: (772) 462-1581 Tourist Development: (772) 462-1529 • Fox: (772) 462-2132 www.co.st-lucie.fl.us Planning and Zoning Commission Review: 01/19/06 File Number CU-05-016 MEMORANDUM GROWTH MANAGEMENT DEPARTMENT TO: Planning and Zoning Commission FROM: Planning Manager N DATE: January 12, 2006 SUBJECT: Application of Paulette Gallo for a Conditional Use Permit to Allow a Child Day Care Facility in the CN (Commercial, Neighborhood) Zoning District. (CU-05-016) LOCATION: ZONING DESIGNATION: LAND USE DESIGNATION: PARCEL SIZE: 5221 Winter Garden Parkway CN (Commercial, Neighborhood) RU (Residential, Urban) 0.36 acre PROPOSED USE: Child Day Care Facility SURROUNDING ZONING: CN (Commercial, Neighborhood) Zoning District to the Northeast, Southeast and Southwest, RM-5 (Residential, Multifamily — 5 du/acre) Zoning District to the Northwest. SURROUNDING LAND USES: The existing land use surrounding the subject property is residential and commercial, neighborhood. The Future Land Use Classification of the immediate surrounding area is RU (Residential Urban) to the North, South, East, and West. FIRE/EMS PROTECTION: Station #7 (4800 Fort Pierce Blvd) is located approximately one mile to the southwest. UTILITY SERVICE: Existing Septic and Well January 12, 2006 Page 2 TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: SCHEDULED IMPROVEMENTS: TYPE OF CONCURRENCY DOCUMENT REQUIRED: Subject: Paulette Gallo File No.: CU-05-016 The existing right-of-way for Winter Garden Parkway and Pandora Avenue is 70 feet. None at this time. Certificate of Capacity. 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 portions of the St. Lucie County Land Development Code. Section 3.01.02(Q)(7)(b), CN (Commercial, Neighborhood) Zoning District, allows Child Day Care Facilities as conditional uses, subject to Board of County Commission approval. 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 applicant proposes to operate a Child Day Care Facility for approximately 40 children between the ages of 2 to 5 with some after school children up to 12 years old. The nearby properties are utilized as residential and limited commercial uses. 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; January 12, 2006 Page 3 Subject: Paulette Gallo File No.: CU-05-016 This conditional use is not expected to create significant additional demands on any public facilities in this area. The existing structure will be brought into compliance with all building and fire department codes to operate a child day care facility. 4. Whether and the extent to which the proposed conditional use would result in significant adverse impacts on the natural environment; The proposed conditional use is not anticipated to create adverse impacts on the natural environment. The existing structure which is classified as a single family residence on the Property Appraisers tax roll will be used in a manner similar to a day care/classroom atmosphere. The typical child care equipment such as outdoor swing sets and other child friendly will be placed in the yard. The playground will be surrounded by a 6 foot high wood privacy fence for the safety and security of the children. COMMENTS The applicant, Paulette Gallo, has applied for the requested conditional use in order to operate a Child Day Care Facility in CN (Commercial, Neighborhood) Zoning District. This activity is allowed as a conditional use in this zoning district upon approval of Board of County Commissioners. The petitioner proposes to operate a Child Day Care Facility for approximately 40 children between the hours of 7:00 am and 6:00 pm Monday thru Friday. There will be 4 to 5 full time staff and 2 part time staff. Approval of this conditional use permit application will allow the applicant to apply for the required zoning compliance certificate and state certifications in order to operate the subject property as a Child Day Care Facility. 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 condition of approval: The hours of operation for the Child Day Care Facility shall be from 7:00 A.M. to 6:00 P.M. - Monday through Friday. Please contact this office if you have any questions on this matter. Attachment lap cc: Paulette Gallo Anne F. Prestridge File 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 PAULETTE GALLO, FOR A CONDITIONAL USE PERMIT TO ALLOW FOR THE OPERATION OF A CHILD DAY CARE FACILITY IN THE CN (COMMERCIAL, NEIGHBORHOOD) ZONING DISTRICT, BECAUSE... [LIST CONDITION(S)j MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF PAULETTE GALLO, FOR A CONDITIONAL USE PERMIT TO ALLOW FOR THE OPERATION OF A CHILD DAY CARE FACILITY IN THE CN (COMMERCIAL, NEIGHBORHOOD) ZONING DISTRICT, BECAUSE... 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E E E E U 41 c L m L m L m L m •- y 3 b M. _ N C m O QQQa�z an. O a E m c m a J N ` 41 m fO m m m c 3 c O umi Hl-F--�mJaC9 0)) Um) Um) °) m r-LONON'CON 00000.-0 0000000 oo�00000 (Y) M I C) f7 N O O O 001000 0100000 0 0— _ d V C W V OtD In .- In N00 )A cp � U 0 thchMCMcMc'V)M 0 0 �- 0 _N — O r- • O a 4 y c N YO W= OF W ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA JANUARY 19, 2006 TO WHOM IT MAY CON. CERN: NOTICE is hereby given in accordance with Sec- Wmansmwwmm Morlday.`January 9; 2000 Treasure Coast NeMispapers OF tion 11.00.03 of the St. Lucie County Land De- velopment Code and in accordance with the pro- visions of the St. Lucie County Comprehensive Plan, that the following applicants have request- ed that the St. Lucie County Planning and Zoning Commission considers their following) requests: 1. Odom's Orchids, Incor. porated for a Change in Zoning from the RS .2 (Residential, Single. Family - 2 du/ac) to the AG - 1 (Agricultural - 1 du/sc) for the following described property: 13 35 39 N 1/2 OF N 1/2 OF SE 1/4 OF NE 1/4 - LESS N W FT OF W 240 FT OF E 280 FT AND LESS E 40 FT AND LESS W 45 FT- (8.86 AC) (OR 2342-400) 13 35 39 N 1/2OFS 1/2 OF N 1/2 OF SE 1/4 OF NE 1/4 -LESS E 40 FT AND LESS W 45 FT - (4.68 AC) (OR 2252-607; 2311.567) 13 35 39 S 1/2 OF S 1/2 OF N 1/2 OF SE 114 OF NE 1/4 - LESS E 304 FT AND LESS W 45 FT - (3.68 AC) (OR 1753-8601 13 35 39 E 304 FT OF S 1/2 OF S 1/2 OF N 1/2 OF SE 1/4 OF NE 1/4 - LESS RD RAY - (1.00AC) (OR 1753.859, 1913- 2472) 13 35 39 S 1/2 OF N 1/2 OF S 1/2 OF SE 1/4 OF NE 1/4 -LESS E 40 FT RD R/W-AND SUBJECT TO DRAINAGE ESMT ACROSS W 45 FT-(4.85 AC) (OR 1950-706) Location : West side of Jenkins Road, approxi. mately 1/4 mile north • of Graham Road. 2. Paulette Gallo for a Conditional Use Permit to allow the operation of a Child Day Care Facility In the CN (Commercial, Neighborhood) Zoning District for the following described property: LAKEWOOD PARK -UNIT 12A-BLK 168 LOTS 21A AND 22A (MAP 13/12S) (OR 2403-2187). Location: 5221 Winter garden Parkway, Lake-: wood Park. 3. Barbara Smith for a Change in Zoning from the CG (Commercial, General ► Zoning District to the IL ( Industrial, Light) Zoning District for the following described property: 30 34 40 COMM AT SW CDR OF S 1/2 OF S 1/2 OF SE 1/4 OF SW 1/4 OF SEC 30 RUN N 00 DEG 59 MIN 37 SEC E 48 FT, TH S 89 DEG 06 MIN 10 SEC E 609.66 FT TO 6 FT FENCESD PT BEING POO, TH RUN NLY ALG FENCE U TO N LI OF SDI S 1/2 OF SE 1/4 OF SWi 1/4, TH S 89 DEG 04 MIN' 57 SEC E ALG N LI 297.5 FT TO OLD BARBED WIRE FENCE WHICH RUNS N AND S, TH ALG SDFENCE SLY TO A PT 48 FT-N OF S U OF SEC 30, TH RUN N 89 DEG OR MIN 10 SEC W PAR- ALLEL TO SD S L1297.5 FT TO POO (1.95AC) (OR' 922.554) Location: 5100 St. Lucie Boulevard, Ft. Pierce, FI 34946 THIS PUBLIC HEARING will be held in the Com- mission Chambers, Rog- er Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on January 19, 2W6, begin- ning at 6:00 P.M. or as soon thereafter as possi- ble. PURSUANT TO Section 286:0105, Florida Stat- utes, if a person decides to appeal any decision made by a board, agen- cy, or commission with respect to any matter considered at a meeting or hearing, he will need a record of the proceed= ings, and that, for such purposes, he may need to ensure that a verba- tim record of the pro- ceedings is made, which record Includes the testi- mony and evidence upon which the appeal is to be based. PLANNING AND ZONINGI COMMISSION/ LOCAL PLANNING AGENCY ST.• LUCIE COUNTY, FLORIDA IS/ Charles Grande Chairman Publish: January 9, 2006 1302431 January 9, 2005 Received By JAN 10 2w Growth Management Board of County Commissioners 2300 Virginia Ave, Fort Pierce, FL 34982-5652 To Whom It May Concern: RE: Location: 5221 Winter Garden Parkway, Lakewood Park. I have no objection to allow the operation of a Child Day Care Facility. Abe Tsarfaty 564 SW Lake Charles Cir. Port St Lucie, FL 34986 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes The Following To allow the operation of a Child Day Care Facility in the CN Conditional Use: (Commercial, Neighborhood) Zoning District Regarding Property Located At: 5221 Winter Garden Parkway, Lakewood Park. Currently Zoned: CN (Commercial, Neighborhood) Zoning District Please Return To: St. Lucie County, Department of Growth Management Planning Division — ATTN: DEANNA 2300 Virginia Avenue, Ft. Pierce, FL 34982 Please check only one of the three following statements and return by: February 20, 2006 1 AM IN FAVOR OF THE PROPOSED CONDITIONAL USE tZ I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): Address: Date: Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: a n„ FILE NO. CU 05-016 PAULETTE GALLO ��@n� ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes The Following To allow the operation of a Child Day Care Facility in the CN Conditional Use: (Commercial, Neighborhood) Zoning District Regarding Property Located At: 5221 Winter Garden Parkway, Lakewood Park. Currently Zoned. CN (Commercial, Neighborhood) Zoning District Please Return, Tc: St. Lucie County, Department of Growth Management Planning Division - ATfN: DEANNA 2300 Virginia Avenue, Ft. Pierce, FL 34982 Please check only one of the three following statements and return by: February 20, 2006 1 AM IN FAVOR OF THE PROPOSED CONDITIONAL USE 1 AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): Address: -7�� Date: d�_� Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Received By FEB 14 2006 Growth Manage —W FILE NO. CU 05-016 PAULETTE GALLO ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 1 a nst gn a of the for a t. Conditional U Permiit isDevelsigned by the Code owners of fifty (50ovides that ) percent or a written protest against an application more of the erea wrlhir five twndred (500) feel of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vole of tour -fifths (415) of all of the Board of County Commissioners. The Appfi6ent Proposes To allow the operation of a Child Day Care Facility in the CM The Potiowing Vie/ Use: (Commercial, Nerghbafwod) Zoning District Regamft Located At., 5221 Winter Garden Parkway, Lakewood Park. Cum*.Zoned: CN (Commercial, Neighborhood) ZOdM District AW" Retum To: St. Lucie County, DepeAment of Growth Management Planning Division - ATTN: DEANNA 23oo 1/ orria Averxie, Ft. Pierce. FL 349$2 Please check only one of the three toilowing statements and return by: February 20, 2006 I AM N F1 AVO OF THE PROPOSED CONDITIONAL. USE 1 AM IN FAVOR OF THE PROPOSED CONDITIONAL USE 1 HAVE NO OPINI TO THE PROPOSED CONDITIONAL, USE 1 cer* that, as of the date eltawn below, I am a property owner within 500 feet of 110 proposed Conditional Use. Name tPkWeprN4' E. Clifford Norris, General Partner, Parkiray Plaza Partnership Address: 4731 ALA, Vero Beach FL 32963 V Date: February 14, .2006Si9ned Please role that any form miumed and available and addreu for viewing upon AN not be considemd. AN m4umed ms taare a matter of public record Our partnership owns the property across the street from the location of.the proposed child day care facility (lots I thru 10,. block 169, Lakewood Park SD). Comments: What thought has been given safely get the vehicles int wi.3.1 the pattern impact not as Lakewood park grows, but property - as we have since Winter Carden Parkway? FILE NO. CU 05.016 PAULETTE GALLO by the County as to traffic pattern required to and out of the day care facility - and how only increased traffic on Winter Garden Parkway also our ability to enter and egress our 1983 when we bought the property - from and onto ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes The Following To allow the operation of a Child Day Care Facility in the CN Conditional Use: (Commercial, Neighborhood) Zoning District Regarding Property Located At: 5221 Winter Garden Parkway, Lakewood Park. Currently Zoned. CN (Commercial, Neighborhood) Zoning District Please Return To: St. Lucie County, Department of Growth Management Planning Division — ATTN: DEANNA 2300 Virginia Avenue, Ft. Pierce, FL 34982 Please check only one of the three following statements and return by: February 20, 2006 1 AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): lor J nC. t-(► �'- rncCfL.IY Address:U :__L�L ..— _ . l\ -I rr ,— Date: _ j 4 _ L � Signed: Please note that any form returned without a name and addres4 will not•-b forms are a matter of public record and available for viewing upon request. Comments: All returned Received - .n 006 FILE NO. CU 05-016 PAULETTE GALLO -3zjgs( Growth Management 0 AGENDA REQUEST ITEM NO. 5 B DATE: February 21, 2006 REGULAR[] PUBLIC HEARING [X] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Air ort Diana Lewis SUBJECT: Consider the participation of the County Road and Bridge Division in the construction of the Airport West Commerce Park for an amount exceeding $250,000 and approval of Resolution No. 06-080. BACKGROUND: The Airport West Commerce Park grant funded project has experience significant post hurricane price increases. In order to complete this project within budget, staff recommends that the Road and Bridge Division participate in the construction of storm water and road improvements that may exceed $250,000. The provisions of Florida Statute Section 255.20 allows the County to use its own forces to construct a project subject to the Board conducting a public meeting. The purpose for the public meeting is to consider whether it is in the public's best interest to perform the project using the County's own people and equipment. Staff is requesting that the Board authorize the use of the Road and Bridge Division to assist with the construction of the Airport West Commerce Park in an amount exceeding $250,000. FUNDS AVAILABLE IN ACCT#: 140-4220-563000-48004, 140128-4220-563000-48004,140322-4220- 563000-48004, and 140327-4220-563000-48004 PREVIOUS ACTION: In March 2005, construction awarded to Dickerson for $4,016, 490.42. Change Order #1, approved in October 2005, increased the project cost by $24,526.80. The Board also approved Change Order #2 on January 24, 2006, for $170,625.24. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the participation of the Road and Bridge Division in the construction of the Airport West Commerce Park in an amount exceeding $250,000 and approval of Resolution No. 06-080. COMMISSION ACTION: CONCURR1516 Approved 5-0 *APPROVED [] DENIED Z,,/. /I — [] OTHER: Review and AD r a , wi i�� County Attorney: _ Management & Budget: Purchasing: Originating Dept: Other: Other: Finance: (Check for Copy only, if applicable) STAFF REPORT DATE: February 14, 2006 TO: Board of County Commissioners FROM: Diana Lewis, Airport Director SUBJECT: Request that the Board approve the participation of the County Road and Bridge Division in the construction of the Airport West Commerce Park in an amount exceeding $250,000. This grant funded project has experienced significant post hurricane price increases. In order to complete the project within budget, staff is recommending the use of Road and Bridge Division resources for storm water and road improvements, which may exceed $250,000 in value. Florida Statute 255.20 requires a public hearing be held if a County constructs a public works project in excess of $250,000 in value. Additionally, at the January 24, 2006 meeting, the Board discussed possible alternatives for access to the site and raised issues about impacts on cost, schedule, grant funding, and potential impacts on airfield security and future airport planning. A white paper to respond to this issues has been prepared and is attached. Staff recommends that the Board of County Commissioners approve the participation of the Road and Bridge Division in the construction of the Airport West Commerce Park and authorize the Chair to execute the same. RESOLUTION NO. 06-080 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, FINDING THAT IT IS IN THE BEST INTERESTS OF THE PUBLIC TO ALLOW THE ROAD AND BRIDGE DIVISION TO PARTICIPATE IN THE CONSTRUCTION OF STORM WATER AND ROAD IMPROVEMENTS AT THE AIRPORT WEST COMMERCE PARK WHEREAS, the State of Florida has provided, in Section 255.20(1)(C)(9), Florida Statutes, that the governing board of a local government may decide it is in the best interests of the public to use its own services, employees and equipment to perform a project; and WHEREAS, in accordance with Section 255.20, the Board of County Commissioners gave proper notice of a public meeting to be held on February 21, 2006 to consider whether it is in the best interests of the public to allow the Road and Bridge Division to participate in the construction of storm water and road improvements at the Airport West Commerce Park; and WHEREAS, the Board of County Commissioners has considered the cost of the project, whether the project requires an increase in the number of government employees, an increase in capital expenditures for public facilities, equipment or other capital assets, the impact on local economic development, the impact on small and minority business owners, the impact on state and local tax revenues, whether the private sector contractors provide health insurance and other benefits equivalent to those provided by the local government, and other factors relevant to what is in the public's best interest; and WHEREAS, the Board of County Commissioners has determined that it is in the best interests of the public to allow the Road and Bridge division to participate in the construction of storm water and road improvements at the Airport West Commerce Park. NOW THEREFORE BE IT RESOLVED, in accordance with Section 255.20, Florida Statutes, that it is in the best interests of the public to allow the Road and Bridge division to participate in the construction of storm water and road improvements at the Airport West Commerce Park. After motion and second the vote on this resolution was as follows: Chairman Doug Coward XXX Vice Chairman Chris Craft XXX Commissioner Frannie Hutchinson XXX Commissioner Paula A. Lewis XXX Commissioner Joseph E. Smith XXX PASSED AND DULY ADOPTED this th day of February, 2006. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY •a�<eiE y.;j`i{� ���ErLP -ir .I' ref ..i 'SIC, �' t it fx,�+,M ��FAll A. K - ST. LUCIE COUNTY INTERNATIONAL AIRPORT ilk , 41il-;Tt. Al�-.!.erne, ` 3s�'SsY • '.�. P x M �!IL r 1 , ir - +. r •+-���"'ici'#�at',.., .�\ l�*�t. 'sf""tat. 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Pierce, Florida Airport West Commerce Park WHITE PAPER Taylor Dairy Road and Site Issues February 15, 2006 Pg. 1 February 15, 2006 1. INTRODUCTION At the January 24, 2006 St. Lucie County Board of County Commission meeting, the Board discussed an option of using Taylor Dairy Road as another access to the Airport West Commerce Park as a means to address traffic concurrency on Kings Highway. The purpose of this paper is to address issues raised by the January 24, 2006, Board meeting. 2. BACKGROUND Airport West Commerce Park (AWCP) is a proposed 180-acre commercial / industrial subdivision currently under construction and is located on the west side of the St. Lucie County International Airport (FPR) on airport -owned property. The proposed entrance to the property is 1.5 miles north of St. Lucie Boulevard on Kings Highway (SR 713). The site is bifurcated by an unplatted dirt road, Taylor Dairy Road, which is aligned in a north -south direction, parallel to Kings Highway. The AWCP site area consists of about 100 acres west and 80 acres east, respectively, of Taylor Dairy Road. Existing utilities along the Taylor Dairy Road corridor include a 16" water main, high -power FPL electrical lines, and Fort Pierce Farms Water Control District (FPFWCD) Canal No. 3. The site is surrounded by declining citrus groves and undeveloped land. Proposed improvements under construction include the access road on Kings Highway, internal circulation roadways with curb and gutter, sidewalks, stormwater collection system (closed), and stormwater treatment systems. The AWCP Project will be available for industrial development and will accommodate nearly 3 million square feet of industrial building floor space within the 180-acre site at build out. 3. ISSUES 3.1 Proposed Change to Access Roads As discussed in the January 24, 2006 Board meeting, the option of adding Taylor Dairy Road as another entrance to the AWCP was proposed because of traffic concurrency issues on Kings Highway. The Taylor Dairy Road would provide an additional or Pg. 2 alternative entrance off St. Lucie Boulevard. The reason this was proposed because of another project south of St. Lucie Boulevard, where a developer is proposing to improve Taylor Dairy Road, creating an option to divert some traffic from Kings Highway. The AWCP is currently designed with the only access off Kings Highway. Three alternatives were considered for access to the AWCP and were discussed at the January 24 Board meeting. A brief description of the alternatives and their advantages and disadvantages, including schedule impacts and preliminary probable costs are provided below. 3.1.1 Alternative No. 1 Access of Parcel 9 from Kings Highway Only and Taylor Dairy Road for AWCP Parcels This alternative was based on using Taylor Dairy Road as an arterial roadway by extending Taylor Dairy Road from St. Lucie Boulevard, through the AWCP, and connecting at the current location of the Project to Kings Highway with a large radius curve. Only Parcel 9 would have direct access to Kings Highway. The portion of the AWCP infrastructure road along the east side of Parcel 9 and the west side of Parcel 1 would be deleted. As a result, Parcel 9 would be limited to access from Kings Highway only; or at least 1,000 feet east of King's Highway to Taylor Dairy Road. The remaining lots in AWCP would access Taylor Dairy Road with adjustments to the internal roadway infrastructure of AWCP Project. Parcels 1, 2, 3, 4, and 5 would be required to access Taylor Dairy Road for access. Access to Parcels 6, 7, and 8 would change to have primary access to Taylor Dairy Road ASSESSMENT Parcel 9 is 20 acres in land area and currently has two possible driveway locations: along the north AWCP roadway as currently designed and anywhere along the western parcel boundary. The area to the north of AWCP Project to include extension of Taylor Dairy Road and eliminate the internal AWCP infrastructure would require engineering design and environmental permitting. Advantages Some diversion of traffic from Kings Highway to access St. Lucie Boulevard by using Taylor Dairy Road Cost savings of not building the internal roadway portion east of Parcel 9 Some reduction in pavement area of the total roadway length Pg. 3 Slightly more land area for adjacent parcels, including Parcel 9, to expand into the area where the proposed right of way was to be along the east side of Parcel 9 Possible development of a Parcel 10 Disadvantages ■ Engineering design and environmental permitting are required for the revised roadway alignment ■ Parcel 9 is restricted to access Kings Highway; less desirable lease conditions for a private developer ■ Florida Department of Transportation may restrict Parcel 9 to "right in — right out" configuration ■ Access to Taylor Dairy Road may be available about 1,000 feet east of Kings Highway for Parcel 9; this location may limit large commercial truck circulation within Parcel 9 ■ 20 acres is a relatively large industrial parcel for a single access point ■ Access of emergency services to Parcel 9 is reduced ■ Circulation of large commercial truck traffic pattern around the remaining AWCP subdivision is reduced, especially to lots 1, 2, 3, 4, and 5 ■ Parcels 1 and 2 are limited to single point access from Taylor Dairy Road COSTS AND SCHEDULE IMPACTS Costs and schedule impacts to the AWCP Project are substantial for Alternative No. 1 based on the current Project development. The roadway alignment of Taylor Dairy Road north of AWCP has not been surveyed, designed, and does not have environmental permits. The change for a new alignment would be required to have new boundary and topographic surveying, geotechnical information, environmental threatened and endangered species clearances, and engineering design costs in preparing the construction and environmental documentation. This effort would be substantial with a probable cost of about $250,000 until a detailed engineering analysis can be prepared. A probable design and environmental permitting schedule is approximately 10 months in order to receive an Environmental Resource Permit (ERP) from the South Florida Water Management District (SFWMD) for a new alignment north of the current AWCP Project. Also, development of a new plan would also require approval from granting agencies such as the Economic Development Administration and the Florida Department of Transportation. The construction costs for a change would increase the length of the road by about 300 feet and would require the typical section of the road be designed for heavier traffic since it would be used as an arterial road versus a local roadway. The probable additional cost for construction is estimated at about $200,000. Pg. 4 Summary Alternative No. about $450,000. 1 would require an increased schedule time of 10 months and cost of 3.1.2 Alternative No. 2 • Keep AWCP Infrastructure and • Add Taylor Dairy Road through AWCP Project This alternative was based on keeping the current Airport West Commerce Park roadway infrastructure and adding Taylor Dairy Road as an arterial roadway through the AWCP Project. Taylor Dairy Road would extend from St. Lucie Boulevard, through the AWCP, and connect at the current location of the Project connection to Kings Highway with a large radius curve. ASSESSMENT The current AWCP plan can proceed without impact and the addition of Taylor Dairy Road could be added at a future time when additional grants or other funds may be available. This is a conservative approach of continuing with the current site plan and providing roadway "stub -outs" for the future connection of Taylor Dairy Road. Advantages ■ The current Project is permitted and can continue with construction already in progress ■ St. Lucie County can continue with private development prospects with the leasing of the properties ■ The addition of Taylor Dairy Road connection from St. Lucie Boulevard to Kings Highway will provide better traffic flow for the future development of adjacent areas ■ Slightly more land area for adjacent parcels, including Parcel 9, to expand into the area where the proposed right of way was to be along the east side of Parcel 9; ■ Opportunity to add an additional parcel, Parcel 10, within the area to the south of Taylor Dairy Road extension and east of Parcel 9 • Access to portions of AWCP along the east side of Taylor Dairy Road is enhanced; specifically, Parcels 6, 7, and 8 Disadvantages ■ Additional grants are questionable ■ Taylor Dairy Road is not current funded Pg. 5 The Florida Department of Transportation may require a traffic signal on Kings Highway at the AWCP entrance when the future Taylor Dairy Road is completed Florida Department of Transportation may require additional turn lanes and improvements beyond AWCP improvements currently proposed for Kings Highway when Taylor Dairy Road is completed COST AND SCHEDULE IMPACTS There are minimal costs associated with Alternative No. 2 at this time. The addition of the "stub -outs" for the future connection of Taylor Dairy Road can be added with minor field changes and adjustment of final quantities for items already under construction. There are not any changes to the current construction schedule at this time for Alternative No. 2 for the AWCP Project. 3.1.3 Alternative No. 3 • Modify Internal Roadways to Create Access from Taylor Dairy Road Only and connect Taylor Dairy Road to St. Lucie Boulevard Connection to Parcel 9 Access to Kings Highway This alternative was based on deleting the primary AWCP entrance on Kings Highway and having only Parcel 9 have access on King Highway. Taylor Dairy Road would not have access to Kings Highway north of the AWCP Project. Taylor Dairy Road would provide access to AWCP from St. Lucie Boulevard. Parcels 1, 2, and 3 would require a cul-de-sac off of Taylor Dairy Road; Parcels 4 and 5 would have direct access to Taylor Dairy Road; Parcels 6, 7, and 8 would remain as the current site plan with a cul-de-sac access off of Taylor Dairy Road. ASSESSMENT Advantages ■ Less traffic with direct access to Kings Highway; however, the reduced traffic volume has not been determined ■ Delete the cul-de-sac that is serving Parcels 4 and 5 ■ Delete the access road along the east side of Parcel 9 ■ Slightly more land area for adjacent parcels, including Parcel 9, to expand into the area where the proposed right of way was to be along the east side of Parcel 9 ■ Opportunity to add an additional parcel (Parcel 10) within the area to the south of Taylor Dairy Road extension and east of Parcel 9 Pg. 6 Disadvantages ■ Large culverts are required to cross the Ft. Pierce Farms Water Control District Canal No. 3 for Parcels 4 and 5 access to Taylor Dairy Road ■ Additional right-of-way for a stormwater treatment facility to serve Taylor Dairy Road south of AWCP and north of St. Lucie Boulevard ■ Parcels 1 and 2 are limited to single point access from Taylor Dairy Road ■ Parcel 9 is restricted to access Kings Highway ■ Florida Department of Transportation may restrict Parcel 9 to "right in — right out" configuration ■ 20 acres is a relatively large industrial parcel for a single access point for Parcel 9 ■ Access of emergency services to Parcel 9 is reduced ■ Circulation of large commercial truck traffic pattern around the remaining AWCP subdivision is reduced, especially to lots 1, 2, 3, 4, and 5 COSTS AND SCHEDULE IMPACTS Costs and schedule impacts to the AWCP Project are substantial for Alternative No. 3 based on the current Project development. The roadway alignment of Taylor Dairy Road south of AWCP has not been surveyed, designed, and does not have environmental permits. The change for a new alignment would be required to have new boundary and topographic surveying, geotechnical information, environmental threatened and endangered species clearances, and engineering design costs in preparing the construction and environmental documentation. This effort would be substantial with a probable cost of about $325,000 until a detailed engineering analysis can be prepared. A probable design and environmental permitting schedule is approximately 10 months in order to receive an Environmental Resource Permit (ERP) from the South Florida Water Management District (SFWMD) for a new alignment south of the current AWCP Project. Also, development of a new plan would also require approval from granting agencies such as the Economic Development Administration and the Florida Department of Transportation. In addition, adjustment of the existing utilities may be required for the 16" potable water main and the large FPL electrical transmission line along the Taylor Dairy Road alignment. The difference between this Alternative 3 and that of Alternative No. 2 is that Taylor Dairy Road is a future condition in Alternative No. 2; and adjustments can be made for existing utilities for the future, including participation by adjacent developments. This alternative, the completing of Taylor Dairy Road from St. Lucie Boulevard, would be the primary access to the AWCP Project. Therefore, the AWCP Project would be Pg. 7 required to complete any utility adjustments based on current funding. FPL electrical transmission line adjustments have been estimated in the in the $1 M to $3 M range based on a needed adjustment until a detailed engineering analysis can be prepared. Utility adjustment costs for the 16" potable water main and FPL electrical transmission lines could have a significant impact to the construction costs if utility adjustments are necessary. The construction costs for a change would increase the length of the road by about 3,200 feet. The "credit" for deleting the current AWCP roadway infrastructure would be about 4,500 feet plus deleting the Florida Department of Transportation's requirement of the acceleration / deceleration lanes on Kings Highway would not be required. The probable additional cost for construction is estimated to be nearly even for the roadway construction. Additional right-of-way costs associated with an additional stormwater treatment facility would be required for Taylor Dairy Road south of the AWCP Project. It is doubtful that stormwater runoff can be conveyed to the current stormwater treatment facilities located on the current AWCP Project site due to topography and the length of the conveyance to the current pond site. Land costs are estimated to be about $200,000 for a new stormwater treatment site. Large culverts would be required for access to Parcels 4 and 5. Currently, 2 — 66" pipes are required for the FPFWCD Canal No. 3 crossing. Each crossing would have a probable cost of about $100,000 for a total of $200,000 Summary Alternative No. 3 would require an increased schedule time of 10 months, without any utility adjustments, and an additional cost of about $725,000. 4. Other Considerations 4.1 Airfield Access and Security The extension of Taylor Dairy Road north of the AWCP Project currently does not conflict with the southwest portion of the proposed Western Airport Perimeter Road and the future extension of Taxiway A. The final design for the Western Perimeter Road has been approved with final construction plans scheduled for completion in June, 2006. Taxiway A extension has not been designed. Any needed adjustments to the Western Airport Perimeter Road and the future extension of Taxiway A to accommodate the extension of Taylor Dairy Road north of the AWCP can be made within the airport secured area. ASSESSMENT Pg. 8 There is available land area to adjust both the Western Perimeter Road and Taxiway A extension on the airport side with minimal impacts. Security fencing around the airport boundary can be adjusted to match Taylor Dairy Road right-of-way. A gate and access to the airport on Taylor Dairy Road may be considered at the Western Perimeter Road. 4.2 Future Airport Plan ASSESSMENT There are no apparent conflicts with any of the alternatives discussed and the development proposed for the 2002 Airport Master Plan. Access issues from the airport to Kings Highway can be adjusted on the airport side once the Taylor Dairy Road final alignment is determined. 4.3 Potential Grant Impacts There are three grants that have been awarded for the AWCP ■ $1.5 Million from U.S. Department of Commerce, Economic Development Administration (EDA) — Federal, AWCP Infrastructure, expires September 15, 2006 ■ $ 800,000 from Florida Department of Transportation — State, Intermodal, expires December 31, 2006 ■ $ 1.1 Million from Florida Department of Transportation — State, Aviation, expires June 30, 2006 Each grant has specific requirements, which are discussed below. 4.3.1 ECONOMIC DEVELOPMENT ADMINISTRATION Grant The Economic Development Administration grant is to attract new industry, encourage business expansion, diversify local economies, and generate long-term, private sector jobs and investment. Funding is to be used for roadway and internal infrastructure development and construction to provide a viable site for industrial development. ASSESSMENT The Economic Development Administration grant approved AWCP, Economic Development Administration Investment No. 04-01-05375, on March 15, 2004. Construction was to begin on March 15, 2004 and complete construction by September 15, 2006. Per Jack Corrigan, the consultant hired to administer the grant, the likelihood of obtaining any additional Economic Development Administration grants is very unlikely. What is possible, however, is getting an extension to the grant. Mr. Corrigan Pg. 9 recommended waiting to request this extension until a completion date can be more accurately determined. 4.3.2 FLORIDA DEPARTMENT OF TRANSPORTATION Grants The project has two (2) Florida Department of Transportation grants for the Project: ■ Florida Department of Transportation Intermodal Grant ■ Florida Department of Transportation Aviation Grant The Florida Department of Transportation Intermodal Grant is for the roads for the project. The Aviation Grant is for the development of an airport industrial park. ASSESSMENT The Florida Department of Transportation Aviation grant is four years old and set to expire in June 2006. This will not be extended unless it can be demonstrated to the Florida Department of Transportation that some significant change has occurred to the project. There may be some consideration given to delays caused by the need to address a concurrency issue, but this will be considered when a proposal can be made to the Florida Department of Transportation. The Florida Department of Transportation intermodal grant has already been extended to December 2006. 4.3.3 Possibility of Additional Grants The issue of additional grants for the Project was based on the consideration of paving Taylor Dairy Road south of the Project to St. Lucie Blvd; and making Taylor Dairy Road an arterial roadway through AWCP with a major intersection at Kings Highway. Relief of traffic congestion on Kings Highway could be realized since Taylor Dairy Road is parallel to Kings Highway. Additional grants may be available from Florida Department of Transportation should the AWCP project expand current plans to pave Taylor Dairy Road which will aid in traffic flow conditions along Kings Highway. ASSESSMENT Thorough research should be with Florida Department of Transportation or other agencies to determine grant sources. There may be the possibility of additional grants and funding, including: ■ SIS — Florida Strategic Intermodal System ■ TRIP — Transportation Improvement Funds ■ SIS Bank — State loans at low rates Pg. 10 None of these can be applied for until a decision is made about any changes to the AWCP roadways are made. 5. RECOMMENDATION The recommended action for the Airport West Commerce Park Project is to proceed with Alternative No. 2: ■ Keep AWCP Infrastructure and ■ Add Taylor Dairy Road through AWCP Project There are several major advantages to Alternative No. 2 that enable the AWCP Project to fully utilize the current grant funding while minimizing costs and schedule: ■ The current Project is permitted and can continue with construction already in progress ■ St. Lucie County can continue with private development prospects with the leasing of the properties ■ The addition of Taylor Dairy Road connection from St. Lucie Boulevard to Kings Highway will provide better traffic flow for the future development of adjacent areas ■ Possibility of increasing leasing property of a new Parcel 10 ■ Existing engineering and permitting agreements are in place for AWCP Project ■ Additional grants are questionable for Alternatives 1 and 3 ■ There is no impact to the current construction schedule; roadway "stub -outs" can be constructed for the future Taylor Dairy Road connection with existing construction forces already at the Project site ■ Existing grants can be fully utilized for the AWCP Project without further review. Glossary AWCP — Airport West Commerce Park EDA - U.S. Department of Commerce, Economic Development Administration ERP — Environmental Resource Permit FDOT — Florida Department of Transportation FPFWCD — Ft. Pierce Farms Water Control district FPL — Florida Power and Light FPR — Federal Aviation Administration designation for St. Lucie County International Airport SFWMD — South Florida Water Management District TDR — Taylor Dairy Road SLCIA — St. Lucie County International Airport Pg. 11 Agenda Request Item Number 5C Date: 02/21/06 Consent [ ] Regular [ ] Public Hearing [ X ] Leg. [ ] Quasi -JD [ X ) To: Board of County Commissioners Presented By Submitted By: Growth Management ze�__ �14 Growth Management Director SUBJECT: Consider Draft Resolution 06-044 granting a Change in Zoning from the RS-4 (Residential, Single -Family — 4 du/acre) Zoning District to the PUD (Planned Unit Development — Estancia) Zoning District and Preliminary Planned Unit Development approval for the project to be known as Estancia — PUD, for 10.33 acres of property located on the west side of South 25`h Street, approximately % mile north of Edwards Road. BACKGROUND: The petitioner, Lotux Investments, LLC., Inc., has requested a Change in Zoning from the RS-4 (Residential, Single -Family — 4 du/acre) Zoning District to the PUD (Planned Unit Development — Estancia) Zoning District and Preliminary Planned Unit Development approval for property located on the west side of South 25'h Street, approximately % mile north of Edwards Road to allow for the development of 80 single- family and multiple -family dwellings units in 35 buildings — 11 — one unit buildings, 3 — two unit buildings, and 21 — three unit buildings. (File No.: PUD-04-008/RZ-04-007) FUNDS AVAILABLE: N/A PREVIOUS ACTION: On November 29, 2005, the Board of County Commissioners continued the public hearing on this item in order to allow the applicant time to meet with Commissioners to address their concerns regarding the project. At the October 20, 2005, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 6 to 1 (Mr. Hearn) with two members (Mr. McCurdy and Mr. Knapp) absent, recommended denial of the requested preliminary planned unit development. On September 15, 2005, the Planning and Zoning Commission continued the public hearing on this item to October 20, 2005. RECOMMENDATION: Staff recommends approval of Draft Resolution 06-044, subject to 8 limiting conditions. COMMISSION ACTION: FXIAPPROVED DENIED = OTHER Approved 5-0 CO U ENCE: uglas M. Anderson County Administrator Coordination/ Signatures County Attorney Mgt. & Budget: Purchasing: Originating Dept.: Envir. Resources Div.: Road & Bridge Div.:: Finance: wl�`F6 Commission Review: February 21, 2006 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners FROM: Growth Management Director DATE: February 15, 2006 SUBJECT: Application of Lotux Investments, Inc., for a Change in Zoning from the RS-4 (Residential, Single -Family — 4 du/acre) Zoning District to the PUD (Planned Unit Development — Estancia) Zoning District and Preliminary Planned Unit Development Approval for the project to be known as Estancia - PUD. (File No.: PUD-04-008/RZ-04-007) LOCATION: West side of South 25"' Street, approximately'/ mile north of Edwards Road and % mile south of Cortez Boulevard. EXISTING ZONING: RS-4 (Residential, Single -Family — 4 du/acre) PROPOSED ZONING: PUD (Planned Unit Development — Estancia) CURRENT FUTURE LAND USE: RM (Residential Medium) PARCEL SIZE: 10.33 acres PROPOSED USE: 80 single-family and multiple -family dwellings units in 35 buildings — 11 — one unit buildings, 3 — two unit buildings, and 21 — three unit buildings. PROPOSED DENSITY: 7.74 dwelling units per acre SURROUNDING ZONING: RS-4 (Residential, Single -Family — 4 du/acre) to the north and west. PUD (Planned Unit Development — Lake Forest Park) to the south. I (Institutional) to the south. PUD (Planned Unit Development — Surrey Woods) to the east. CO (Commercial, Office) to the southeast. SURROUNDING LAND USES: The general existing land uses surrounding the property are single-family and multiple -family residential and some commercial. The Future Land Use Classification of the surrounding area is RU (Residential Urban) to the west and north. RM (Residential Medium) to the east and south. February 15, 2006 Subject: Estancia Page 2 Preliminary PUD FIRE/EMS PROTECTION: Station #1 (2400 Rhode Island Avenue), is located approximately 1 mile to the north. UTILITY SERVICE: The subject property will be serviced by the Ft. Pierce Utilities Authority (FPUA). TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for South 25th Street is 80 feet. The developer is providing an additional 25 feet of right-of-way for South 25th Street, an additional 30 feet of right-of-way for South 27th Street, and an additional 20 feet of right-of-way for Brantley Road. The developer will be paving South 27th Street from their rear access to Cortez Boulevard. SCHEDULED IMPROVEMENTS: South 25th Street is currently a four -lane roadway. South 25th Street south of Edwards Road is undergoing expansion to four lanes. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affadavit. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed change in zoning and petition for preliminary Planned Unit Development is consistent with the St. Lucie County Land Development Code. There are a total of 80 multiple -family units in 35 buildings proposed in this development. If the subject property were to be developed at the maximum density possible in the Future Land Use Classification of RM (Residential Medium) — 9 dwelling unit per acre, 93 units might be possible. The site plan that is submitted as a part of this rezoning to PUD is consistent with the provisions of the Land Development Code. February 15, 2006 Subject: Estancia Page 3 Preliminary PUD 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed Estancia - PUD is consistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County. Policy 1.1.1.1 of the St. Lucie County Comprehensive Plan establishes maximum residential densities of RM (Residential Medium) — 9 dwelling unit per acre. The proposed project is to be developed with a maximum residential density of 7.74 units per acre; therefore, the proposed project is consistent with this policy. Policy 1.1.9.4 of the St. Lucie County Comprehensive Plan establishes regulations providing that existing on -site native upland habitat be incorporated into required site plans as a part of open space areas, required landscaping, or as a part of minimum yard areas, as is practicable. The proposed project has preserved 1.48 acres of native uplands on the proposed project area. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed change in zoning to PUD for the purpose of allowing the construction of a multiple -family residential development is not inconsistent with the proposed future land use classification of the subject property and surrounding properties. The St. Lucie County Comprehensive Plan designates the subject property with a Future Land Use Classification of RM (Residential Medium), which allows up to 9 dwelling units per acre. The proposed PUD has a gross density of 7.74 dwelling units per acre. 4. Whether there have been changed conditions that require an amendment; There have not been changes that would require an amendment. The site is located inside of the Urban Service Boundary of St. Lucie County. Water and sewer services will be provided through the Ft. Pierce Utilities Authority (FPUA). 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The proposed site plan, which is tied to this rezoning, would create additional demands on water/sewer facilities in this area. The subject property is located inside of the Urban Service Boundary of St. Lucie County. Water and sewer service is to be provided by FPUA. The public school system can be expected to be responsible for the education of an additional 27 students. At the writing of this report, staff has not received a response from the School Board in regard to February 15, 2006 Page 4 Subject: Estancia Preliminary PUD this project. Drainage will be handled through a master drainage system which requires permits from the South Florida Water Management District (S.F.W.M.D.), as well as, a St. Lucie County Stormwater permit. The applicant has provided a Transportation Impact Report (TIR) (copy attached), which indicates that the roadways in the area of the proposed project will not fall below an acceptable level of service. Staff is recommending that prior to Final PUD approval, the applicant provide an updated TIR to measure additional impacts cause on the roadways by any additional projects that may be approved subsequent to the Preliminary PUD approval. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed change in zoning and development of this site as a residential planned unit development is not expected to result in any adverse environmental impact. The Environmental Resources Division has reviewed the proposed project and has recommended three conditions of approval listed below. There are no active or inactive gopher tortoise burrows located within the site. The project's environmental consultant observed a gopher tortoise foraging on - site and this is a subject of one of the conditions of approval. Ninety-five Slash Pines, measuring 12 inches DBH or greater, totaling 1,152 inches diameter are proposed to be removed. Therefore, required mitigation is 2,304 inches. A total of 2,616 inches of Slash Pine, 336 inches of Live and Laurel Oaks, and 36 Cabbage Palms are proposed to be preserved, and a total of 19 Cabbage Palms and 39 inches of Live Oak will be relocated on -site, thus satisfying their required mitigation. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; An orderly and logical development pattern will result with this change in zoning. The subject property is located in an area of some multiple -family uses and single-family development. Lake Forest Park, containing two and three family dwellings, is located to the south as is Lake Forest Adult Congregate Living Facility (ACLF) and Surrey Woods is located to the east across South 25th Street. To the north and west are single-family neighborhoods. 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. February 15, 2006 Page 5 COMMENTS Subject: Estancia Preliminary PUD The applicant, Lotux Investments, LLC., is proposing a residential development of 80 multiple - family units in 35 buildings on 10.33 acres of land located on the west side of South 25th Street, approximately % mile north of Edwards Road and %4 mile south of Cortez Boulevard. The project is to be known as Estancia - PUD. As a Planned Unit Development, the applicant proposes to develop the subject property with some flexibility. Section 7.01.03(I) of the St. Lucie County Land Development Code requires that 35% of the site must consist of open space, a minimum of 15% of which must be native upland habitat preserved in its natural condition. The proposed planned development maintains 5.36 acres of the project area in total common open space. Lakes contain 0.32 acres, native upland habitat contains 1.48 acres, and the recreational area contains 0.06 acres. The applicant is also dedicating additional right-of- way along South 25th Street, South 271h Street, and Brantley Road that totals 1.23 acres. The remainder of the project consists of those areas designated for residential development (buildings, roadway, driveways, and sidewalks). At the September 15, 2005, meeting, the Planning and Zoning Commission had questions on the design of the project and wanted the single-family homes on the west side of the project to be reversed to have access from South 27th Street. The Commission also wanted the developer to provide a hardened facility with a generator back up in the event of a hurricane for the residents of the development. The Commission suggested that the wooden fence be replaced with a concrete block wall. This item was continued to the October 20, 2005, meeting in order to give the developer time to consider the requested changes and to bring back a revised plan. On October 20, 2005, the Planning and Zoning Commission continued the public hearing on this item. The applicant's representative, Albert Moore, stated that they had reviewed the project and decided against revising the placement of the single-family homes. They did, however, agree to provide the hardened facility and replacement of the wooden fence with a concrete wall 8 feet in height. He stated that the project would be gated, but that there would be full ingress and egress from the driveway on South 27th Street. The Planning and Zoning Commission wanted trails to be added to the preserve area. The applicant was willing to do this with direction from County staff. Staff believes that the design of the trails may be completed during the review of the Final Planned Unit Development, if this application is approved. Mr. Trias wanted to see a project more in line with the design standards of the TVC (Towns, Villages, and Countryside) plan. The St. Lucie County Planning and Zoning Commission, by a vote of 6 to 1 (Mr. Hearn) with two members (Mr. McCurdy and Mr. Knapp) absent, recommended denial of the requested preliminary planned unit development. On November 29, 2005, the Board of County Commissioners continued the public hearing on this item to February 21, 2006, in order to give the developer time to meet with Commissioners and make possible changes to the project based upon their comments. Subsequently, the developer has agreed to pave South 27th Street from the rear project access to Cortez Boulevard to St. Lucie County specifications. Staff has determined that the proposed zoning designation and the Preliminary Planned Unit Development site plan provided to St. Lucie County are compatible with the existing and February 15, 2006 Page 6 Subject: Estancia Preliminary PUD Staff has determined that the proposed zoning designation and the Preliminary Planned Unit Development site plan provided to St. Lucie County are compatible with the existing and proposed uses in the area. This petition meets the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that the Board of County Commissioners approve the petition, subject to the following conditions: Prior to Final PUD approval, the developer, his successors or assigns, shall provide an updated Transportation Impact Report (TIR) for the project. The developer, his successors or assigns, shall also conduct a signal warrant study to determine if signalization is warranted at the intersection of Cortez Boulevard and South 25th Street. When signalization is warranted, the developer shall contribute a fair share of the costs to provide such signalization. The developer and St. Lucie County shall enter into a cost recovery agreement, if necessary, for the developer to obtain reimbursements for expenses in excess of the fair share contributions for the intersection signalization. 2. Prior to issuance of a St. Lucie County Vegetation Removal Permit, documentation that South Florida Water Management District (SFWMD) and the United States Army Corps of Engineers (USACOE) have approved the impacts to the 0.76 acre wetland and an approved mitigation plan must be submitted to the County. 3. Prior to issuance of a St. Lucie County Vegetation Removal Permit, a pre - clearing meeting shall be conducted with the clearing contractors to provide educational materials (poster & pamphlets) to inform them of the protocol that shall be followed should a gopher tortoise(s) be encountered. Should a gopher tortoise be encountered during site construction, all work shall be halted and a Florida Fish and Wildlife Conservation Commission relocation permit shall be approved and relocation of all the tortoises is complete prior to the issuance of a St. Lucie County Vegetation Removal Permit for the site. 4. Prior to the approval of a St. Lucie County Vegetation Removal Permit, all preserve areas and individual trees to be preserved shall be barricaded with highly visible orange safety fencing at ten feet from the edge of vegetation or dripline of tree, whichever is greater. 5. Prior to the issuance of the first Building Permit for the proposed project, the petitioner, his successors or assigns, shall convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, the east 25 feet of the subject property for additional right-of-way for South 25th Street. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 6. Prior to the issuance of the first Building Permit for the proposed project, the petitioner, his successors or assigns, shall convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, the west 30 feet of the subject property for additional right-of-way for South 27th Street. To the extent February 15, 2006 Page 7 Subject: Estancia Preliminary PUD permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 7. Prior to the issuance of the first Building Permit for the proposed project, the petitioner, his successors or assigns, shall convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, the north 20 feet of the subject property for additional right-of-way for Brantley Road. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 8. Prior to the issuance of the first Building Permit for the proposed project, the petitioner, his successors or assigns, shall pave South 27th Street from the rear project access to Cortez Boulevard. Attached is a copy of Draft Resolution 06-044, which, if approved, would grant preliminary planned unit development approval for the project to be known as Estancia — PUD, subject to the referenced conditions. Please contact this office if you have any questions on this matter. SUBMITTED: 77'e� Bob Nix, AICP Growth Management Director hf cc: David Lawrence Albert Moore — Bruhn and Moore File 2 3 4 5 6 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 06-044 F/K/A RESOLUTION 05-390 FILE NO: PUD-04-008/RZ-04-007 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE RS-4 (RESIDENTIAL, SINGLE-FAMILY — 4 DU/ACRE) ZONING DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT — ESTANCIA) ZONING DISTRICT AND PRELIMINARY PLANNED UNIT DEVELOPMENT APPROVAL FOR THE PROJECT TO BE KNOWN AS ESTANCIA - PLANNED UNIT DEVELOPMENT WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: Lotux Investments. LLC., presented a petition for a Change in Zoning from the RS-4 (Residential, Single -Family — 4 du/acre) Zoning District to the PUD (Planned Unit Development — Estancia) Zoning District and Preliminary Planned Unit Development approval for the project to be known as Estancia for the construction of 80 multiple -family units to be located on 10.33 acres on the west side of South 25"' Street, approximately'/4 mile north of Edwards Road. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet minimum technical requirements. 3. On October 20, 2005, the St. Lucie County Planning and Zoning Commission held a public hearing, of which due public notice was published and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and recommended that the Board of County Commissioners deny the Change in Zoning from the RS-4 (Residential, Single -Family — 4 du/acre) Zoning District to the PUD (Planned Unit Development — Estancia) Zoning District and Preliminary Planned Unit Development for the project to be known as Estancia — PUD, for the property depicted on the attached Maps as Exhibit "A" and described in Part B below. 4. On November 29, 2005, the St. Lucie County Board of County Commissioners held a public hearing, of which due public notice was published and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and granted Preliminary Planned Unit Development approval for the project to be known Estancia — PUD. That meeting was continued to the February 21, 2006, Board of County Commissioners meeting. 5. On February 21, 2006, the public hearing on this item was heard. File No.: PUD-04-008/RZ-04-007 Resolution 06-044 February 21, 2006 Page 1 2 3 4 6 7 8 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 6. 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. 7. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 8. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 9. The proposed project will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 10. The proposed project will be served by adequate private facilities and services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Preliminary Site Plan for the project to be known as Estancia -A Planned Unit Development, be and the same, is hereby approved as shown on the site plan drawings for the project prepared by David Lawrence Architects, dated August 26, 2005, and date stamped received by the St. Lucie County Growth Management Director on August 30, 2005, for the property described below, subject to the following conditions: 1. Prior to Final PUD approval, the developer, his successors or assigns, shall provide an updated Transportation Impact Report (TIR) for the project. The developer, his successors or assigns, shall also conduct a signal warrant study to determine if signalization is warranted at the intersection of Cortez Boulevard and South 25t' Street. When signalization is warranted, the developer shall contribute a fair share of the costs to provide such signalization. The developer and St. Lucie County shall enter into a cost recovery agreement, if necessary, for the developer to obtain reimbursements for expenses in excess of the fair share contributions for the intersection signalization. 2. Prior to issuance of a St. Lucie County Vegetation Removal Permit, documentation that South Florida Water Management District (SFWMD) and the United States Army Corps of Engineers (USACOE) have approved the impacts to the 0.76 acre wetland and an approved mitigation plan must be submitted to the County. File No.: PUD-04-008/RZ-04-007 February 21, 2006 Resolution 06-044 Page 2 3 5 6 7 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 3. Prior to issuance of a St. Lucie County Vegetation Removal Permit, a pre - clearing meeting shall be conducted with the clearing contractors to provide educational materials (poster & pamphlets) to inform them of the protocol that shall be followed should a gopher tortoise(s) be encountered. Should a gopher tortoise be encountered during site construction, all work shall be halted and a Florida Fish and Wildlife Conservation Commission relocation permit shall be approved and relocation of all the tortoises is complete prior to the issuance of a St. Lucie County Vegetation Removal Permit for the site. 4. Prior to the approval of a St. Lucie County Vegetation Removal Permit, all preserve areas and individual trees shall be barricaded with highly visible orange safety fencing at ten feet from the edge of vegetation or dripline of tree, whichever is greater. 5. Prior to the issuance of the first Building Permit for the proposed project, the petitioner, his successors or assigns, shall convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, the east 25 feet of the subject property for additional right-of-way for South 25tn Street. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 6. Prior to the issuance of the first Building Permit for the proposed project, the petitioner, his successors or assigns, shall convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, the west 30 feet of the subject property for additional right-of-way for South 27tn Street. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 7. Prior to the issuance of the first Building Permit for the proposed project, the petitioner, his successors or assigns, shall convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, the north 20 feet of the subject property for additional right-of-way for Brantley Road. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 8. Prior to the issuance of the first Building Permit for the proposed project, the petitioner, his successors or assigns, shall pave South 27th Street from the rear project access to Cortez Boulevard. File No.: PUD-04-008/RZ-04-007 February 21, 2006 Resolution 06-044 Page 3 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 B. The property on which this Preliminary Planned Unit Development approval is being granted is described as follows: PARCELI THE SOUTHEAST'/4 OF THE NORTHEAST'/4 OF THE SOUTHEAST'/4 OF SECTION 20, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPTING THE EAST 25 FEET. PARCEL II BEGIN AT THE NORTHWEST CORNER OF THE SOUTHEAST'/4 OF THE NORTHEAST % OF THE SOUTHEAST % OF SECTION 20, TOWNSHIP 35 SOUTH, RANGE 40 EAST, THENCE, RUN EAST 242.5 FEET; THENCE, RUN SOUTH 225 FEET; THENCE, RUN WEST 242.5 FEET; THENCE, RUN NORTH 225 FEET TO THE POINT OF BEGINNING. PARCEL III BEGIN 242.5 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHEAST'/4 OF THE NORTHEAST'/4 OF THE SOUTHEAST'/4 OF SECTION 20, TOWNSHIP 35 SOUTH, RANGE 40 EAST; THENCE, RUN EAST 217.5 FEET; THENCE, RUN SOUTH 235 FEET; THENCE, RUN WEST 435 FEET; THENCE, RUN NORTH 10 FEET; THENCE, RUN EAST 217.5 FEET; THENCE, RUN NORTH 225 FEET TO THE POINT OF BEGINNING. (Tax ID#'s: 2420-414-0001-000/4; 2420-414-0002-000/1; and, 2420-414-0003-000/8) (Location: West side of South 25`h Street, approximately'/4 mile north of Edwards Road and'/4 mile south of Cortez Boulevard) C. This Preliminary Planned Unit Development approval shall expire on February 21, 2008, unless an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code or Final Planned Unit Development approval has been granted. D. A copy of this resolution shall be attached to the site plan drawings described in Section A, which plan shall be placed on file with the St. Lucie Growth Management Director. After motion and second, the vote on this resolution was as follows: Chairman Doug Coward XXX Vice -Chairman Chris Craft XXX Commissioner Paula A. Lewis XXX File No.: PUD-04-008/RZ-04-007 February 21, 2006 Resolution 06-044 Page 4 Commissioner Joseph E. Smith XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this 21st Day of February 2006. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY ATTEST: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney hf H:\WORD\Petitions\BCC\FI NISHED.06\EstanciaPreliminaryPUD. PD\EstanciaPreliminaryPUD-RES.doc File No.: PUD-04-008/RZ-04-007 February21, 2006 Resolution 06-044 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 EXHIBIT "A" • General Location Map • Area Subject to Preliminary Planned Unit Development Approval • Site Plan Graphics File No.: PUD-04-008/RZ-04-007 February 21, 2006 Resolution 06-044 Page 6 U o J O o N Eo6Con a Q i � 3 n f0 0Gea� a a x o 000 a 0 o D s J of a� e�Jaaaa LO To a o N_ Su^c DNB ...i!Y Q% 3 1� S PMB «s, IS wy co A Pa �a<i u i P� H • !M � 4/.H � - g Ptl �«.wK E q c cn Ptl w.IM U c G O O U � � on c a� a m «as Au Irvq uM.H r Wu$ P...W.D F S "al F of ! (D � pe O r Alunoo 99gogo99NO A petition of Lotux Investni,;nts, LLC, for Preliminary PIS„ fined Unit Development Approval for the Project to be know as Estancia P U D 04-008 ® Subject property �. N §rowtlr Managnnsnt Deparo wnt & RZ 04-007 City of Ft. Pierce Map prepared August 1, 2005 Zoning PUD 04-008 & RZ 04-007 W 0 S N N CT S S Im[ 7 1 RS-4 I Y RD WILDWOOD LN Q U C Q S N Go JleN m P U D RS-4 RS-4 CG C CO C RS-4 one FBOOTH DR o PUD 04-008 Subject property G'fl N a §rowtle .Wan.Vement D�ar[ment & RZ 04-007 City of Ft. Pierce Map prepared August 1, 2005 Land „5e PUD 04-008 & RZ 04-007 Milo III MEN mm WON r m one a RU CD N m COtFNgNT 11 �-� oR DRJ RU I COM ,mOLD, EDWARDS PUD 04-008 Subject property .Sr-.,/., ! �,- Cfl N & RZ 04-007 City of Ft. Pierce Map prepared August 1, 2005 PUD 04-008 & RZ 04-007 CORTEZ BLVD;,,.e:� 1 �:��� 'iiiti ir�[S� L��� 9il7�1 yi�i�a ••,. - - e•.� r• F RDTTV N Ul W 0 .0 Z �( ! o e BOOI _m nm L2 o © 10 rg. Q�0 •� �0 Z N ��� 04 ii�e®�l ,!!'.���tl PUD 04-008 Subject property & RZ 04-007 City of Ft. Pierce ��zrfitF Gfl Gsvwtlt .atanagement Department Map prepared August 1, 2005 Planning and Zoning Commission Review: 10/20/05 File Number PUD-04-008/RZ-04-007 MEMORANDUM GROWTH MANAGEMENT DEPARTMENT TO: Planning and Zoning Commission I FROM: David P. Kelly, Planning Manager DATE: October 14, 2005 SUBJECT: Application of Lotux Investments., Inc., for a Change in Zoning from the RS-4 (Residential, Single -Family — 4 du/acre) Zoning District to the PUD (Planned Unit Development — Estancia) Zoning District. LOCATION: West side of South 25t' Street, approximately'/. mile north of Edwards Road. EXISTING ZONING: RS-4 (Residential, Single -Family — 4 du/acre) PROPOSED ZONING: PUD (Planned Unit Development — Estancia) CURRENT FUTURE LAND USE: RM (Residential Medium) PARCEL SIZE: PROPOSED USE: PROPOSED DENSITY: 10.33 acres 80 single-family and multiple -family buildings — 11 — one unit buildings, and 21 — three unit buildings. 7.74 dwelling units per acre dwellings units in 35 3 — two unit buildings, SURROUNDING ZONING: RS-4 (Residential, Single -Family — 4 du/acre) to the north and west. PUD (Planned Unit Development — Lake Forest Park) to the south. I (Institutional) to the south. PUD (Planned Unit Development — Surrey Woods) to the east. CO (Commercial, Office) to the southeast. SURROUNDING LAND USES: The general existing land uses surrounding the property are single-family and multiple -family residential and some commercial. The Future Land Use Classification of the surrounding area is RU (Residential Urban) to the west and north. RM (Residential Medium) to the east and south. October 14, 2005 Subject: Estancia- PUD Page 2 File No.: PUD-04-008/RZ-04-007 FIRE/EMS PROTECTION: Station #1 (2400 Rhode Island Avenue), is located approximately 1 mile to the north. UTILITY SERVICE: The subject property will be serviced by the Ft. Pierce Utilities Authority (FPUA). TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for South 25th Street is 80 feet. The developer is providing an additional 25 feet of right-of-way for South 25th Street, an additional 30 feet of right-of-way for South 27th Street, and an additional 20 feet of right-of-way for Brantley Road. In addition, the developer will be improving South 27th Street from their emergency access to Brantley Road. SCHEDULED IMPROVEMENTS: South 25th Street is currently a four -lane roadway. South 25th Street south of Edwards Road is undergoing expansion to four lanes. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affadavit. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed change in zoning and petition for preliminary Planned Unit Development is consistent with the St. Lucie County Land Development Code. There are a total of 80 multiple -family units in 35 buildings proposed in this development. If the subject property were to be developed at the maximum density possible in the Future Land Use Classification of RM (Residential Medium) — 9 dwelling unit per acre, 93 units might be possible. The site plan that is submitted as a part of this rezoning to PUD is consistent with the provisions of the Land Development Code. October 14, 2005 Subject: Estancia- PUD Page 3 File No.: PUD-04-008/RZ-04-007 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed Estancia - PUD is consistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County. Policy 1.1.1.1 of the St. Lucie County Comprehensive Plan establishes maximum residential densities of RM (Residential Medium) — 9 dwelling unit per acre. The proposed project is to be developed with a maximum residential density of 7.44 units per acre; therefore, the proposed project is consistent with this policy. Policy 1.1.9.4 of the St. Lucie County Comprehensive Plan establishes regulations providing that existing on -site native upland habitat be incorporated into required site plans as a part of open space areas, required landscaping, or as a part of minimum yard areas, as is practicable. The proposed project has preserved 1.44 acres of native uplands on the proposed project area. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed change in zoning to PUD for the purpose of allowing the construction of a multiple -family residential development is not inconsistent with the proposed future land use classification of the subject property and surrounding properties. The St. Lucie County Comprehensive Plan designates the subject property with a Future Land Use Classification of RM (Residential Medium), which allows up to 9 dwelling units per acre. The proposed PUD has a gross density of 7.44 dwelling units per acre. 4. Whether there have been changed conditions that require an amendment; There have not been changes that would require an amendment. The site is located inside of the Urban Service Boundary of St. Lucie County. Water and sewer services will be provided through the Ft. Pierce Utilities Authority (FPUA). 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The proposed site plan, which is tied to this rezoning, would create additional demands on water/sewer facilities in this area. The subject property is located inside of the Urban Service Boundary of St. Lucie County. Water and sewer service is to be provided by FPUA. The public school system can be expected to be responsible for the education of an additional 27 students. At the writing of this report, staff has not received a response from the School Board in regard to this project. Drainage will be handled through a master drainage system which October 14, 2005 Subject: Estancia- PUD Page 4 File No.: PUD-04-008/RZ-04-007 requires permits from the South Florida Water Management District (S.F.W.M.D.), as well as, a St. Lucie County Stormwater permit. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed change in zoning and development of this site as a residential planned unit development is not expected to result in any adverse environmental impact. The Environmental Resources Division has reviewed the proposed project and has recommended three conditions of approval listed below. There are no active or inactive gopher tortoise burrows located within the site. The project's environmental consultant observed a gopher tortoise foraging on - site and this is a subject of one of the conditions of approval. Ninety-five Slash Pines, measuring 12 inches DBH or greater, totaling 1,152 inches diameter are proposed to be removed. Therefore, required mitigation is 2,304 inches. A total of 2,616 inches of Slash Pine, 336 inches of Live and Laurel Oaks, and 36 Cabbage Palms are proposed to be preserved, and a total of 19 Cabbage Palms and 39 inches of Live Oak will be relocated on -site, thus satisfying their required mitigation. 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 may result with this change in zoning. The subject property is located in an area of some multiple -family uses and single-family development. Lake Forest Park, containing two and three family dwellings, is located to the south as is Lake Forest Adult Congregate Living Facility (ACLF) and Surrey Woods is located to the east across South 25"' Street. To the north and west are single-family neighborhoods. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment is not in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The applicant, Lotux Investments, LLC., is proposing a residential development of 80 multiple - family units in 35 buildings on 10.33 acres of land located on the west side of South 25m Street, approximately % mile north of Edwards Road. The project is to be known as Estancia - PUD. As a Planned Unit Development, the applicant proposes to develop the subject property with some flexibility. Section 7.01.03(I) of the St. Lucie County Land Development Code requires that 35% of the site must consist of open space, a minimum of 15% of which must be native upland habitat preserved in its natural condition. The proposed planned development maintains October 14, 2005 Subject: Estancia- PUD Page 5 File No.: PUD-04-008/RZ-04-007 5.36 acres of the project area in total common open space. Lakes contain 0.32 acres, native upland habitat contains 1.44 acres, and the recreational area contains 0.06 acres. The applicant is also dedicating additional right-of-way along South 25t' Street, South 27"' Street, and Brantley Road that totals 1.23 acres. The remainder of the project consists of those areas designated for residential development (buildings, roadway, driveways, and sidewalks). On September 15, 2005, the Planning and Zoning Commission continued the public hearing on this petition to October 20, 2005. The Commission had questions on the design of the project and wanted the single-family homes on the west side to be reversed to have access from South 27"' Street. The applicant has reviewed the project and has decided against any revisions to the plan. Staff has determined that the proposed zoning designation and the Preliminary Planned Unit Development site plan are compatible with the existing and proposed uses in the area. This petition meets the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval, subject to the following conditions: Prior to issuance of a St. Lucie County Vegetation Removal Permit, documentation that South Florida Water Management District (SFWMD) and the United States Army Corps of Engineers (USACOE) have approved the impacts to the 0.76 acre wetland and an approved mitigation plan be submitted to the County. 2. Prior to issuance of a St. Lucie County Vegetation Removal Permit, a pre - clearing meeting shall be conducted with the clearing contractors to provide educational materials (poster & pamphlets) to inform them of the protocol that shall be followed should a gopher tortoise(s) be encountered. Should a gopher tortoise be encountered during site construction, all work shall be halted and a Florida Fish and Wildlife Conservation Commission relocation permit shall be approved and relocation of all the tortoises is complete prior to the issuance of a St. Lucie County Vegetation Removal Permit for the site. 3. Prior to the approval of a St. Lucie County Vegetation Removal Permit, all preserve areas and individual trees shall be barricaded with highly visible orange safety fencing at ten feet from the edge of vegetation or dripline of tree, whichever is greater. 4. Prior to the issuance of the first Building Permit for the proposed project, the petitioner, his successors or assigns, shall convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, the east 25 feet of the subject property for additional right-of-way for South 25t' Street. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. October 14, 2005 Page 6 Subject: Estancia- PUD File No.: PUD-04-008/RZ-04-007 5. Prior to the issuance of the first Building Permit for the proposed project, the petitioner, his successors or assigns, shall convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, the west 30 feet of the subject property for additional right-of-way for South 27'" Street. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 6. Prior to the issuance of the first Building Permit for the proposed project, the petitioner, his successors or assigns, shall convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, the north 20 feet of the subject property for additional right-of-way for Brantley Road. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. Please contact this office if you have any questions on this matter. Attachment hf cc: David Lawrence — David Lawrence Architecture 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 LOTUX INVESTMENTS., INC., FOR A CHANGE IN ZONING FROM THE RS-4 (RESIDENTIAL, SINGLE-FAMILY — 4 DU/ACRE) ZONING DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT — ESTANCIA) 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 APPLICATION OF LOTUX INVESTMENTS., INC., FOR A CHANGE IN ZONING FROM THE RS-4 (RESIDENTIAL, SINGLE-FAMILY — 4 DU/ACRE) ZONING DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT — ESTANCIA) ZONING DISTRICT, BECAUSE.... [CITE REASON[S] WHY - PLEASE BE SPECIFIC]. AGENDA ITEM 5: LOTUX INVESTMENTS INC. Mr. Hank Flores, Senior Planner, stated this is the application of Lotux Investment Inc., for a Change in Zoning from the RS-4 (Residential Single -Family - 4 du/acre) Zoning District to the Planned Unit Development Zoning District for the project to be known as Estancia. Mr. Flores stated the applicant is proposing a residential development of 80 family units in 32 buildings. Mr. Knapp disclosed that he spoke with Mr. Albert Moore beforehand to discuss this project. Mr. Albert Moore, speaking on the behalf of the applicant stated they are seeking approval through PUD for 80 units of a mixture of both multi -family and single-family homes. Mr. Moore stated in his opinion the proposed project is the best use for the particular property. He stated this project is located between Edwards and Virginia on 2e Street. He stated this is a place in the urban area where infill is needed. He stated the proposed project is compatible with surrounding projects. He stated across the street of the proposed project is a multi -family development. He stated the site plan has undergone an evolution to try to make this the best project as possible for the community. Mr. Moore stated on the western most boundary of the site plan; there are single-family homes which were initially multi -family homes. He stated the only residences that are directly impacted by the project are single-family homes along that boundary. He stated they phased as well as they could, keeping in mind that they only has 10 acres to do the project with. He stated they phased single-family homes for the people that are already there. He that stated even though this is a relatively small project, they went ahead and made a second full blown exit on the northwest corner. He stated that is going to be paved from the exit point all the way to Brantley. He stated the northernmost point on the site plan is paved up to that point. He stated the main entrance and exit will be on 25"' Street and then on the northwest corner of the property, there will be a second exist as well. Mr. Trias asked if the second exit was for emergencies only. Mr. Moore replied no. He stated the second exit will be a full blown exit, and not an emergency exit. Mr. Moore stated a lot of site plans with acreage of this size have retention ponds as the open space. He stated the applicant and the architect have design for the vast majority of the open - space to be in the middle of the project and also to be a preserve area. He stated that the applicant will be working with staff within the preserve areas to put trails within that area as well. Mr. Moore stated they have an agreement that has been signed by the fire board in regards to fire protection. He stated they are willing to put in any type of development order that the school board has to sign off on. 20 He stated they are aware that even though they do not have a large piece of property, there still may be impacts and they have to pay for those. Chairman Grande asked if there were questions of the applicant. Mr. McCurdy asked if all of the homes will be individually owned. Mr. Moore replied yes. He stated they are fee simple. Mr. McCurdy asked what the price point for the homes is. Mr. Moore stated they are asking for a price in the range of $175,000 to start off for the multi- family homes. He stated they do not have a price range on the single-family homes. The single-family homes were added fairly recently to try to phase that in for the existing neighbors. Mr. McCurdy asked what the approximate unit size is at this point. Mr. Moore stated Mr. Lawrence; their architecture said the dimensions are 1300 to 1500 square feet. Mr. Trias stated it appears that this project is similar to the two previous projects. It appears to be one big project that has one entrance in one location. Mr. Trias stated because this project has several building types, the applicant has the opportunity to design something that is meaningful and worth the time for the board to review. Mr. Trias stated that he thinks that this site plan is very schematic site plan and with more work done on it, it could become a nice place. Mr. Moore stated when they look at what they can do to place a second exit into the development; in some areas they were restricted due to the ongoing traffic. Mr. Moore stated they investigated the different possibilities and they felt that the one that they came up with is the best plan for the subject area. Ms. Hammer stated on the cover page of the memorandum, it talks about 80 multi -family units in 33 buildings. She stated there appears to be an incorrect amount in the number of buildings. Mr. David Lawrence, the architect for the proposed development, stated there are total of 35 buildings and not 33 buildings. He stated 11 of the buildings are single-family homes. Chairman Grande opened the public hearing. Ms. Sheryl Jacquin stated she lives on Grove Drive and they never received any information indicating that this was going on. She stated she has a problem with more egress on the 25m Street. She stated she has concerns about the traffic impacts. Mr. Moore stated the traffic report indicates that all of the trip impacts that will arise in the development fall within the capacity available on 25"' Street. He states this traffic report was submitted with their application. 21 Chairman Grande closed the public hearing. Chairman Grande asked if there were any questions of staff. Mr. Lounds asked when 27"' Street reaches Brantley Road and continues south, is that still an open road. Chairman Grande stated south of Brantley Road is not paved yet, however the applicant proposes to pave 27"' Street from their exit up to Brantley Road. Ms. Hammer asked if there were any easements from the end of Brantley Road over to 25"' Street where there is not a road. Mr. Hank Flores stated that Brantley Road is a right-of-way and the developer has also donated an additional right-of-way of 30 feet. Ms. Hammer suggested that an exit may be placed onto Brantley Road connected with 2e Street. Mr. Albert Moore stated that was initiatively one of their ideas, however, 27"' and 2e Street are not paved until you reach Cortez Boulevard. Therefore they would be going onto an unpaved road even if they paved around their property. Ms. Hammer stated the idea of an 8 foot high -wooded flat, fence is a detriment to this development because in a very short period of time, it will look terrible and will not be maintained. Mr. Trias stated public spaces need to be in the city, as well as the project. He stated the fence will create a problem. He stated the houses should face the street. Mr. Hearn agreed that a wood fence is a bad idea. Mr. Lounds stated he agrees with Mr. Trias and the roads should be turned towards the street so that they may become apart of the community. The board made some suggestions for the applicant to consider making changes to before the Local Planning Agency recommends approval of their application. Mr. Moore stated they agree to the hardened facility with the generator. At this time, a 10 minute break was taken. Mr. Albert Moore stated after discussion with his client, there was a consideration for placing the single family homes along Brantley. He stated there was a problem at the engineering stage and the environmental stage in doing so. Mr. Moore stated the applicant stated he would buffer the property with landscaping rather than the wooded fence. Mr. Moore stated they don't want to table their application because it has already been looked into by his client. Mr. Trias stated the site plan needs more development and design. 22 Chairman Grande asked if there were any other comments. Mr. Trias stated motioned to continue this item to be heard again on October 20, 2005. Mr. Lounds seconded the motion. Mr. Kelly stated the meeting on October 20, 2005, may be heard at 6:00 P.M or soon thereafter. Chairman Grande announced that there was a second and a motion and asked for further comments on the motion. The roll cal was made. Mr. McCurdy voted for the motion. Mr. Knapp voted for the motion. Ms. Morgan voted for the motion. Mr. Hearn voted for the motion. Ms. Hammer voted for the motion. Mr. Lounds voted for the motion. Mr. Trias voted for the motion. Chairman Grande voted for the motion. Chairman Grande stated the Local Planning Agency looks forward to seeing the applicants come back on the 20`h of October. 23 Auenda Item #1: Lotux Investments, Inc.: Senior Planner Hank Flores stated that this is the application of Lotux Investments Inc. for a Change in Zoning from the Residential, Single -Family (4 dwelling units per acre) Zoning District to a Planned Unit Development — Estancia Zoning District for property that is located on the west side of South 25th Street, approximately % mile north of Edwards Road. The proposed development contains 80 total units, 11 single-family units, with the rest in multiple family buildings. At the September 15, 2005, meeting the Planning and Zoning Commission continued the public hearing of this petition. At this meeting the applicant said that the proposed wooden fence would be replaced with landscaping and that they would provide a hardened facility with a generator. The commission also had questions on the design of the project, and why the single-family homes, which are located on the western side of the project, to be reversed and to have access from South 27th Street. The applicant has reviewed his project and decided against any further revisions to his site plan. Staff has determined that the proposed Zoning District designation and the preliminary Planned Unit Development site plan are compatible with the existing and proposed uses in the area. The petition meets the standards of review as set forth in the Land Development Code and is not in Conflict with the Comprehensive Plan. Staff recommends that this petition is forwarded to the Board of County Commissioners with a recommendation of approval, subject to six limiting conditions. Chairman Grande asked if there was anybody that needed the six conditions read. Chairman Grande asked if there were any questions of staff by the Board. Mr. Hearn: According to the plan we're still looking at a slotted fence. Mr. Flores: They have not revised the plan yet, but they have agreed to change it. Mr. Hearn: How much landscaping will be required to replace that fence? Mr. Hearn wanted to know if that was a staff decision. Mr. Flores stated that it could be the Board's decision if they want it to be. Mr. Lounds: On Page 23, the last paragraph, where I stated he agrees that the roads should be turned towards the street, are we implying that the houses should be turned towards the street? That the ones on 25th Street face the street? Was that not understood in our intent. Mr. Trias: The site plan that we had in our packet is the same exact site plan as we had before? Mr. Flores: Correct. Mr. Trias: So the applicant has made no attempts to make any revisions to the design or any kind of follow up from our comments last time? Is that correct? Mr. Flores: Correct. Ms. Hammer: Going back to the draft minutes, page 22, the second paragraph, Mr. Moore stated that they have an agreement that has been signed by the Fire Board with regards to the School System. I do understand that. Ms. Hammer: Page 23, half way down, of the drafted minutes should read "Ms. Hammer asked if there were any easements from the end of Brantley Road." Mr. Albert Moore (Attorney for the Applicant) Stated that there is an agreement that was signed by the Fire Chief that was approved before the Commission and the applicant with regard to monies that would be paid per unit for the impact that the project would have to the Fire Board above and beyond what the impact fees were. There was a similar agreement or formula that the School Board had been requiring. As of this date, I have been in contact with Mr. Sanders in regard to this project and others about having an agreement with the School Board, but Mr. Sanders is still trying to calculate exactly what the formula would be and he told me as soon as he figures that out that he would contact me. I think that were really there was supposed to be two agreements, one with the Fire Board and one with the School Board that were really not related, other than that they were similar types of agreements that they were to be monies paid for the impact above and beyond the impact fees because of the growth in the area. Chairman Grande: Bottom line is that those minutes would have to be corrected. Ms. Hammer: Right, let's make sure that they are corrected in the minutes so that there are two agreements. Mr. Albert Moore: I think that if you look at the project as a whole, the project is consistent with the surrounding areas across the street. There is Surrey Woods, which has multi -family homes. They did a real nice job with that project. Our project is going to be similar in nature. The Board of County Commissioners also approved multi -family just down the street on the corner of 25th Street and Edwards Road. The multi -family concept, I think is consistent with the other projects that are existing in the area and that have been approved in the immediate area. Initially we did have only multi -family, we did not have single family homes. In talking with some Board Members there was a suggestion that there should be certain phasing because on the western most site there are two or three single-family homes along 27th Street. So based upon that, we switched the multi -family on 27th Street with single-family homes. He stated that he and his client are aware of the concerns that some of the residents may have that are in the existing area. We were tabled last time because Mr. Trias indicated that he wanted us to look into having the homes flipped around. We talked briefly on break at the last meeting about doing that and my clients' inclinations are based on the whole nature of the project and based on the financial constraints that we would be unwilling to do that. But the Board tabled it and wanted us to look at it. We have looked at it and I would respectfully disagree with the statement that Mr. Trias made a little earlier, when he asked staff if there were any attempts to change. There were no attempts insofar as we did not submit any type of changes since the last Board meeting, he is correct in regard to that. But, in regard to us looking at that and the impact that it would have on the project and the financial feasibility of the project as a whole, we looked into it and found that it was not feasible. Mr. David Lawrence (David Lawrence Architecture): The important thing that Albert mentioned is that when we started this process and we got our tree surveys, we looked very carefully at the overall characteristics of the site. We have preserved 96.6% of vegetation. Mr. Trias wanted to know if the entrance on 27th Street is labeled as an emergency entrance. 4 Mr. Lawrence: No, that is not accurate. We are willing to concede that it will be both ingress and egress. It will be gated, but it will be both ingress and egress. Mr. Lawrence: We are willing to do the community center with the emergency generator impact glazing so that there is someplace to go in the event of a storm. We have also agreed, as far as the slotted fence, to change it from a wood fence to a concrete fence. Ms. Hammer: Going back to the concrete fence issue, I do not recall a concrete wall around the perimeter of the property. Chairman Grande: I think everything up to this point has been that the wooden fence had been replaced by landscaping and now I think what's being presented is the concrete wall, which by code would require a certain amount of landscaping on the outside. Mr. Flores stated that the wall would be required to have landscaping on both the inside and the outside. Ms. Hammer: I just did not remember hearing anything about a concrete wall, maybe 1 missed that point, but I thought that wood fence was coming down and we were talking about landscaping period, but now we are talking about a concrete wall. Thank you. Mr. Trias: Could the applicant define the word feasible a little bit better. Mr. Moore: There are two issues in regard to flipping the units; the first is when we made the concession to make the western most entrance and exit, which will be a full blown exit and entrance. Mr. Trias: One of the main issues here is that you do want to have a gated community and you want have a perimeter that is completely enclosed, is that the main design idea? Mr. Moore: I think that was the idea at first. Mr. Trias: All the entrances are gated and the perimeter is going to have a wall? Mr. Moore: That is the idea. Mr. Mundt: Wished the applicant did update what the Board got because it's a little tough to follow. Are you talking about a concrete fence or concrete wall? Mr. Moore: The Board members did not like the idea of the fence, but that there was a requirement of some kind of perimeter, and I believe that it was a concrete wall. Mr. Mundt: You are talking about something that is solid. cYou said you were going to work with staff with regards to trails, and I saw nothing in the site plan covering that. Has that been discussed? Mr. Moore: I do not believe that the particulars of that have been discussed; I think that the only thing that our applicant would be happy to put the trails in any fashion that the county would like. I think that what the problem is that the county is going have to decide where they want them 5 because it's a preserve area in the middle. My applicant is willing to do whatever this Board or the County Commission wants in the way of trails. Mr. Mundt: It says that the applicant would be working with staff within the preserve areas, and I was just wondering if those conversations had happened. Mr. Moore: Generally, but not specifically. Mr. Trias: This is a gated community. I do not understand how the trails would work. What was your concept, private trails or what are you talking about. Mr. Moore: Well the concept was, in speaking with some of the Commissioners, was that the persons that lived inside the community would need recreation within the community. And the idea was thrown out, but since the preserve area was rather large in proportion to the rest of the site, that it would be a good way to provide recreation. Mr. Trias: Around the pool and that area? Mr. Moore: Yes. Mr. Trias: One of the criteria that I like to think about when there is a request for a rezoning is what is the public benefit that we get by rezoning the property? Can you explain that to me? Mr. Moore: I think that you are getting a project that is consistent with the rest of the area. You are getting a project that when you look at the pricing structure of what is going around, I would not call this affordable or attainable, but in regard to the rest of the projects that are going up it is certainly more affordable than most that would come in front of you. It is consistent with the rest of the area. The applicant has already agreed to pay fees above and beyond the impact fees for the both the School and the Fire Districts. So they are paying fees above and beyond that. So I think that all of that is a benefit to the community. Mr. Trias: Thank you. Mr. Lounds: Would like to reserve some questions for after public comments. Chairman Grande opened the public hearing. Mr. Glenn Careley: Owns four lots on 25th Street and Brantley Road. Came here in July 2003, and spoke then. My concern at that particular time was what is going to happen to Brantley Road. What kind of buffer zone are we going to have between the single-family and the multi- family? I reviewed the plans back in September at the County building and they had a chain - linked fence on the north side. Is that what you still have? Chairman Grande: Currently the plan is that all four sides would have a concrete wall and that concrete wall would have the standard level of vegetation that is required by the County. Mr. Glenn Careley: What is the height of the concrete wall? The chain -linked fence was six feet. How is this project going to affect the drainage in the area? Chairman Grande: The plan calls for a retention area on site. fl Mr. Flores: In looking at the plan, they are showing an 8 foot high wood slot fence, I would assume that it would be an 8 foot high concrete wall. As far as drainage, which would be handled at the final Planned Unit Development hearing, a conceptual drainage and utilities plan would have to be submitted and they would need to meet with South Florida Water Management District guidelines. The project also requires St. Lucie County storm water permit. Mr. Glen Careley: Mentions that this particular project is surrounded by multi -family, but there is also a lot of single-family on the north and west side of it. Chairman Grande: The single-family homes in our packages, so we are aware of that. Mr. Lawrence: South Florida Water Management District requires that projects such as this have containment around the perimeter and that they are able to hold the water on site and that the height of the perimeter is to a 25 year flood plain. We would be willing to make it a six-foot high if there is an objection to the eight -foot high fence. Chairman Grande closes the Public Hearing. Mr. Lounds: Would feel a lot more comfortable if that access on to 25th Street showed how they planned to do that for in and out services for multiple cars. I would like to ask the applicant if they also had a chance to talk to the neighbors. Mr. Lawrence: We have not had any recent discussions with them. When we started this project, we did a mailing and had a meet and greet on the project itself. Some of the neighbors did show up. Most of them were favorable. Mr. Trias: I am not going to support this. The reason is because the design that we have before us is a choice made by the developer. I understand it and I respect it. They want to do a gated community, I understand, but in my view, that is just not appropriate. Being the type of rezoning, we should expect a higher level of design and planning, especially with all of the ongoing discussions that we have had with the TVC and similar processes, it's about time that we request the higher quality of design and the effort to fit into the neighborhood and that has not been done by choice. I understand what they are trying to do and many people have tried to do it in the past, and will do it in the future. I disagree with it and I think we should do a different design that matches the neighborhood much better. Chairman Grande: Would you like to put that in a form of a Motion? Mr. Trias: I would recommend denial. After considering the testimony presented during the Public Hearing, including staff comments and the standards of review as set forth in Section 11.0603 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 Lotux Investments, Inc, for a change in zoning from the RS-4 (Residential Single - Family (4du/acres) Zoning District to the Planned Unit Development Zoning District, because it does not comply with the current standards of design that this County deserves. Chairman Grande: We have a Motion, do we have a second? Mr. Lounds seconded the Motion. 7 BOARD OF COUNTY COMMISSIONERS November 8, 2005 ST. LuciE PTO COUNTY F L O R I D A GROWTI MANAGEMENI In accordance with the St. Lucie County Land Development Code, you are hereby advised that Lotuz Investments, Inc_ has petitioned St. Lucie County for a Change in Zoning from the RS-4 (Residential, Single -Family — 4 du/acre) Zoning District to the PUD (Planned Unit Development — Estancia) Zoning District and Preliminary Planned Development Site Plan Approval for the following described property: Location: West side of South 25th Street, approximately 1/2 mile north of Edwards Road. THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The public hearing on the petition will be held at 6:00 P.M., or as soon thereafter as possible, on November 29, 2005, 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 tL'me. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written continents to the Board of County Commissioners at least 3 days prior to a scheduled hearing. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the Board of County Commissioners are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above -described parcel, please forward this notice to the new owner. Please call (772) 462-1582 if you have any questions, and refer to: File Number: PUD 04-008/RZ 04-007. Sincerely, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Frannie Hutchinson, Chairman'i'Yl JOSEPH E. SMITH, District No. 1 - DOUG COWARD. District No. 2 - PAULA A. LEWIS, District No. J - FRANNIE HUTC NSON. District No. 4 - CHRI5 CRAFT, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 - Planning: (772) 462-2822 • GIS/Technical Services: (772) 462-1553 Economic Development: (772) 462-1550 • Fax: (772) 462-1581 Tourist Development: (772) 462-1529 - Fox: (772) 462-2132 www.co.st-lucie.fl.us o O) M O NNM0 O N O O � O{ e O� ll')CC N N N N�pp 00 O O 000 0 0 O O O O O 0000 O O O Q 00 0 �v''49 O) 0 0 e- N O a M .- M .- O ao99'4'4� O tO N N N M'4�999 �7 .- 9 19 999� 099 d 000OOfNOMMOs{NNONta0y001N eNNNNOo7r NCDO)MMIN{.00pfNOOINN�N{NN�N{�TeN�m mm M CvMNMNMMN mAM AAANNr�i NNNMc�iMMNN MMNMAAAA 0d 0 J J J J J J J J J J J J J J J J J J J J J J Q J J J J J J J J J J J J J J J J J J J N LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL:�LLLLLLLLLLWwwU-LLLLU.LLLLLLLLLLLLLL d v a v d? da d? d d m_` m n.a�aaa ? d ? 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LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA SEPTEMBER 15, 2005 1`0 WHOM IT MAY CONCERN: NOTICE is hereby given in accordance with Section 11.00.03 of the St. Lucie County Land Development Code and in accords with the provisions of the St. Lucie County Comprehensive Plan, that the following applicants have requested that the St. L County Planning and Zoning Commission considers their following requests: ►.ROSE APCIPRETE for a Conditional Use Permit to allow the retail sale of distilled and undistilled alcohol (liquor store) in the (Commercial, General) Zoning District for the following described property: SFTLUCIE M/L TO EL YR/W US 1, TH SELY ALG RAN 153.83 FT M/L, THE 59 95 FT, TOH N 32.64 FT TO POB 10.60 AC►10R 56 - ;H CONT W Location:10688 South U.S. Highway No. 1, Port St. Lucie, Florida. 2.PAPARONE HOMES OF FLORIDA, INC., for a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the P (Planned Unit Development - Sunnyland Farms) Zoning District and Preliminary Planned Development Site Plan Approval for i following described property: PARCEL 1: THAT PART OF THE SOUTHWEST OUARTER OF SECTION 3, TOWNSHIP 35 SOUTH, RANGE 39 EAST, LYING EAST OF THE EA RIGHT-OF-WAY LINE OF THE SUNSHINE STATE PARKWAY; LESS AND EXCEPTING THE NORTH 789.35 FEET THEREOF All ALSO LESS AND EXCEPTING THE CANAL AND ROAD RIGHTS -OF -WAY. PARCEL 2: THE SOUTHEAST 1/40F SECTION 3, TOWNSHIP 35 SOUTH, RANGE 39 EAST, LYING WEST OF THE EAST SECTION LINE, BY C CUPATION, LESS ALL CANAL RIGHTS -OF -WAY, ALL LYING AND BEING IN ST. LCUIE COUNTY, FLORIDA. Location:East side of FFA Road, approximately 1/2 mile south of Angle Road. 3.CENTERLINE ACOUISITIONS LLC, for a Change in Zoning from the ARA (Agricultural, Residential, - 1 du/acre) Zoning District the PUD (Planned Unit Development - Ravinia) Zoning District and Preliminary Planned Development Site Plan Approval for do lowing described property: THE EAST 312.5 FEET OF LOT 98 OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, WHITE CITY SUBDIVISION, ACCORD TO HE MAP OR PAT THEREOF AS RECORDED IN PAT BOOK 1, PAGEIS) 23, PUBLIC RECORDS OF ST. LUCIE COUNTY, FL( DA EXCEPTION ROAD RIGHTS -OF -WAY AND LOTS NG TO THE9MAP OR PLAT THERE110,111,120 AND OFNASSECTION RECORDED INPLATOWNSHIP T BOOK 1, PAGENSIRAGE 23, PUBLICI, R CORDS OF ST. LCUIE FLORIDA EXCEPTING HOWEVER THE ABOVE DESCRIBED AND ALL RIGHTS -OF -WAY FOR PUBLIC ROADS AND DRAIIt NALS. Location:South side of West Midway Road, approximately 1/2 mile west of South 25th Street. 4.LOTUS INVESE T., for a Change in Zoning from the RS-4 (Residential, Single -Family - 4 du/acre) Zoning. District to gone ITt Development - Estancia) Zoning District and Preliminary Planned Development Site Plan Approval for the lowing described property: PARCELI THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 20, TOWNSHIP 35 SOUTH, RANGE 40 EAST ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPTING THE EAST 25 FEET PARCELII BEGIN AT THE NORTHWEST CORNER OF THE SOUTHEAST 114 OF HE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 20 TOWNSHIP 35 SOUTH, RANGE 40 EAST, THENCE, RUN EAST 242.5 FEET, THENCE, RUN SOUTH 225 FEET; THENCE, RUN WE SI 242.5 FEET; THENCE, RUN NORTH 225 FEET TO THE POINT OF BEGINNING. PARCEL III , BEGIN 242.5 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1 OF SECTION 20, TOWNSHIP 35 SOUTH, RANGE 40 EAST; THENCE, RUN EAST 217.5 FEET; THENCE, RUN SOUTH 235 FEET HENCE, RUN WEST 435 FEET; THENCE, RUN NORTH 10 FEET; THENCE, RUN EAST 217.5 FEET; THENCE, RUN NORTH 225 FEET TO THE POINT OF BEGINNING. Location:West side of South 25th Street, approximately 1/2 mile north of Edwards Road 5.GENTILE HOLLOWAY O'MAHONEY AND ASSOCIATES, INC., for a Change in Zoning from the RS-2 (Residential, Single -Family - du/scre) and CO (Commercial, Office) Zoning Districts to the PUD (Planned Unit Development - River Landing) Zoning District a Preliminary Planned Development Site Plan Approval, for the following described property: PARCEL 1: THE SOUTH 543 FEET OF LOTS 58 AND 59, WHITE CITY SUBDIVISION, AS RECORDED IN PLAT BOOK 1, AT PAGE 23. OF HE PU LIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; LESS THE WEST 40 FEETOF THE SOUTH 543 FEET OF LOT 58. ALL LYING,I SECTION 4, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. TOGETHER WITH: PARCEL 2: THE SOUTH, RANGE FTHE WEST 600 FEET 40 EAST, AS RECORDEDFIN PLAT BOOK 11, ATLOT 60, PAGE23,TO EOF THE RPUBL C RECORDS VEY OF WHITE IOF� ST. CLUC E CTOWNSHIP FLC DA; LESS AND EXCEPT, THAT PART THEREOF LYING SOUTH OF THE RIGHT OF WAY OF STATE ROAD NO. 712 (MIDWAY ROO 1• Z., < N � ® 0 O — A cf) C' m w N — B to �, N O 3 i 0 Z w m r ZONING RSU FTUp LAND O I SRRE � ( I m r w I? 0 c) � I � A � w I O � 0 --- -57 SBA K /� Ii � I 5ERvE AREA I I a in 55'-0"± Ai `► SI I E FLAN SCALE: I" = 40' NO. DATE DESCRIPTION JOB NO.: 0321 SHEET NO. A 1 8-26-05 RE —SUBMITTAL DRAWN BY: DBL,LMB 2-14-06 RE —SUBMITTAL SCALE: 1 "= 40' DATE: 1/25/05 FILE: ESTANCIA FT. PIERCE r-.L- ki�-7ATE 05.15.05 08.18.05 01.16.05 MATCH LINE "A" DESCRIPTION JOB NO.: SHEET NO. ENTRY/ROW SETBACK DRAWN BY: LI.V. IGIE FAMILY SITE REVISION SCALE: 1 "= 20' LP�l ENTRY/ROW SETBACK DATE: 01.28.05 FILE: 120 \ &P7 -,I „ 1� �\ 7 14 ; I 1 � 1 t ~ � U 1 II � U / \ 1 83014" 1 \J � q/\11 i ♦ 871\ , P� �,:$S', , I 13 i '1 I 14 ' � \ 13 1 1 L 1 89 I p 13" I 90 ,r � 1 o 115- A \\ 91 ', DESCRIPTION TE REV.5.05 TREE LEGEND 5REV.#2 18.05 IN'LE FAMILY SITE RI16.06 TREE LEGEND ._--- JOB NO.: DRAWN BY: L.I.V. r E: 1"=20' E: 01.28.05: a SHEET NO- 1 lh STPE T �TE I DESCRIPTION S T K t t I C 0 (n N O Z ZONING RS-4 FUTURE AN USE: RU uj 0 I TEE FLAN JOB NO.: 0321 DRAWN BY: DBL,LMB SCALE: 1"= 40' DATE: 1/25/05 SHEET NO. Alml FILE: ESTANCIA FT. PIERCE --�-- PROPOSED SANITARY SEWER LINE & MANHOLE SINGLE WATER SERVICE _ (REFER TO POTABLE WATER ~—' SERVICE SINGLE METER INSTALLATION DETAIL.) DOUBLE WATER SERVICE TO (REFER TO POTABLE WATER —'Le SERVICE DUAL METER INSTALLATION DETAIL.) NOTES:- 1) THIS DESIGN IS CONCEPTUAL AND SUBJECT TO CHANGE D 6' HIGH Wes_ — BASED ON FINAL DESIGN. SOCK 1 E 2) ALL WATER AND WASTEWATER CONSTRUCTION SHALL BE IN OF FORT PIERCE UTILITY AUTHORITY ACCORDANCE WITH THE CITY AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ED 6' HIGH AGENCY. LINK FENCE 3)L THE PROJECT'S DRAINAGE SYSTEM WILL BE DESIGNED TO TREATMENT PRIOR TO DISCHARGE TO TRACK PROVIDE WATER QUALITY THE EXISTING DRAINAGE SYSTEM IN THE ADJACENT ROADWAYS. 23 POST DEVELOPMENT DISCHARGE WILL BE LIMITED TO PRE- RATES. THE PARKING LOT WILL BE PROTECTED BLOWOFF FOR DEVELOPMENT FROM THE 1 OYR-1 DAY EVENT AND FINISH FLOORS WILL BE CONNECTION PROTECTED FROM THE 100YR-3DAY, ZERO DISCHARGE EVENT. 4) LOCATIONS OF VALVES, FIRE HYDRANTS, DOUBLE DETECTOR CHECK VALVE ASSEMBLIES AND OTHER STRUCTURES TO BE WITH LANDSCAPE DESIGN DURING PREPARATION COORDINATED OF FINAL CIVIL ENGINEERING PLANS. [TO EXISTING IT, PROPOSED FORCE MAIN (SIZE TO BE DETERMINED DURING FINAL DESIGN TO BE ROUTED NORTH ±740 THEN EAST ALONG THE SOUTH SIDE OF CORTEZ BLVD. ±680' AND CONNECT TO EXISTING _fi= EORCE MAIN FROM STONES THROW). ICI, P.E. #62480 FEd R14 2006 ESTANCIA HITE, INC. SECTION 20, TOWNSHIP 35S9 RANGE 40E Consultants CITY OF FORT PIERCE, FLORIDA 3�z CONCEPTUAL PAVING$ DRAINAGE, Iin Beach, Florida 33407 TER PLAN WATER & WASTEWA the SE 14 of Section 20, Township 35 South, Range 40 East. Ipany PARCEL 2 Begin 242.5 feet East of the NW corner of the SE X of the NE Y4 of the SE ;4 of Section 20, Township 35 South, Range 40 East; thence run East 217.5 feet; thence run South 235 feet; thence run West 435 feet; thence run North Trust 10 feet thence run East 217.5 feet; thence run North 225 feet to the Point —half of Beginning. 1 N. PARCEL 3 /ember s to Begin at the NW corner of the SE �,.4/ of the NE X of the SE ;4 of Section 20, Township 35 South, Range 40 East; thence run East 242.5 feet; thence run South 225 feet; thence run West 242.5 feet; thence run North 225 feet to the Point of Beginning. ircel 3) The above described lands all being situate in St. Lucie County, Florida. (Not valid without the signature and original raised seal of a Florida licensed Surveyor and Mapper) I hereby certify that the survey of the property shown and described hereon was completed under my direction and said survey is true and correct to the best of my knowledge and belief. There are no encroachments. I further certify that this survey meets the Minimum Technical Standards for surveys set forth by the Florida Board of Surveyors and Mappers in Chapter 61G17-6, Florida Administrative Code, pursuant to Section 472.027 Florida State Statutes. No search of the public records has been made by this office. The survey is based on information furnished by client or client's representative. I 2/24/2004 \. f /Vi� M� �` —' TENT Date of Survey David hryver Professional Surveyor and Mapper Florida Certification No. 4864 INDARY SURVEY - ESTANCIA P.U.D. I N C O R P O R A T E D 'ESSIONAL SURVEYORS AND MAPPERS ERTIFICATE OF AUTHORIZATION LB 4108 CORPORATE OFFICE TALLAHASSEE OFFICE 1469 •1505 SW MARTIN HWY. 4909 N. MONROE STREET 'ALM CITY. FL 34991 TALLAHASSEE. FL 32303 (800) 386-1066 (850) 536-8455 BOUNDARY AND TOPOGRAPHIC SURVEY FOR: Estancia Fort Pierce, LLC ST. LUCIE COUNTY, Scale: 1 "=40' Date: 2 23 04 Drawn By: R.L.I. Checked By. D.W.S. FLORIDA File & Drawing No: 03-1120-01-01 Sheet 1 of 3 z �N 14 0 m p cAi� w 3 w �z m m I m f ( ( I Z_ I � I Iw I O i I ( I z0- 20'_0" SBA K I � I i nERvE AREA I n m 0 V) O Z ZONING RS-4 &:TRUTURE LAND U O 55'-0"± 40. DATE DESCRIPTION JOB NO.: 0321 kO. 8-26-05 RE —SUBMITTAL DRAWN BY: DBL,LMB SCALE: 1 "= 409 DATE: 1/25/05 SITE PLAN SCALE: 1"-40' SHEET NO. Alml 0 1 1 1 FILE: ESTANCIA FT. PIERCE P Traffic Engineering, Transportation Planning TRAFFIC ANALYSIS FOR Estancia Ft. Pierce Prepared for: Lotuz Investments, LLC 1001 N. Federal Highway, Suite 324 Hallendale Beach, FL 33009 Prepared by: Susan E. O'Rourke, Traffic Engineer 3023 SE Quanset Circle Stuart, FL 34997 (772)781-7918 February 23, 2004 TR04024.0 029 =_ Quanset ':IrcIe So_art, F'cr!ca 34997, c. `? 1. -9 12 7i-3 781.9261 fax SORour-ke;_Jacelpha net to Traffic Engineering, Transportation Planning February 23, 2004 Mr. Roberto Jacob Lotux Investments, LLC 1001 N. Federal Highway, Suite 324 Hallandale Beach, FL. 33009 Re: Estancia Ft. Pierce Dear Mr. Jacob: Susan E. O'Rourke, Traffic Engineer has completed the analysis of the town house development to be located west of 251h Street on the north side of Edwards Road. The steps in the analysis and the ensuing results are presented herein. It has been a pleasure working with you. If you have any questions or comments, please give me a call. Respectfully submitted, Susan, E-01kourke, i Registered Civil Engineer - Traffic 34997 77'2,731.719!66 _ ?s31,9261 pax Iw� SDP. ae a F phia net go TABLE OF CONTENTS INTRODUCTION 1 PROJECT DESCRIPTION 1 ■ EXISTING CONDITIONS 3 „r PROJECT TRAFFIC 4 PROJECT DISTRIBUTION / ASSIGNMENT/IWACT 4 OTHER TRAFFIC -BACKGROUND TRAFFIC 6 TOTAL TRAFFIC CONCURRENCY REVIEW 6 INTERSECTION ANALYSIS 6 CONCLUSION 8 TABLES TABLE 1: Existing Roadway Conditions/ Service Volumes 3 TABLE 2: Project Trip Generation 4 TABLE 3: Total Traffic/ Concurrency Review 7 FIGURES FIGURE 1: Site Plan/ Project Location 2 FIGURE 2` Project Assignment 5 APPENDICES rr APPENDIX A DAILY TRAFFIC VOLUMES APPENDIX B INTERSECTION DATA i i" to INTRODUCTION Susan E. O'Rourke, Traffic Engineer was retained to prepare a traffic analysis for the proposed Estancia development located east of 25`h Street, north of Edwards Road in St. Lucie County. The project takes access from a right -in/ right -out driveway on SW 25 Street. The purpose of this report is to determine the project's impact on the surrounding +� roadway system. In order to make the determination, the following analytical steps were taken: *summary of the project, *summary of existing lane geometrics, *A *summary of the existing traffic volumes, *assessment of project traffic, *determination of study area *assignment other traffic plus growth *evaluation of total traffic go Each of these steps is outlined herein. PROJECT DESCRIPTION The Estancia Ft. Pierce development is proposed as an 82 unit town house development. The project is expected to be complete in 2005. The project site plan and general location are shown in Figure 1. I" EXISTING CONDITIONS The study area roadways were defined in terms of existing lane geometrics, existing traffic volumes and existing peak hour service volumes. Existing Lane Geometries and Traffic Control The study area was reviewed to determine the existing number and type of lanes and the traffic control along the roadway. Each roadway is described below. Edwards Boulevard is a four -lane divided arterial east of 251h Street and a two- lane roadway west of 251h Street. 25`h Street is a four -lane divided arterial north of Edwards Road. South of Edwards Road to it is a two-lane arterial.Plans are underway to widen the roadway to four lanes south of Edwards Road. Virginia Avenue is a six- lane divided arterial with an east/west alignment. Existing Traffic Volumes/ Service Volume Traffic volumes were counted on February 24, 2004 at the intersection of 25`h Street /Edwards Road and 25`h Street/ Virginia Avenue. Average daily traffic counts were obtained from St. Lucie County for the purpose of establishing a growth rate for the roadways. The number of lanes and the associated peak hour/peak direction service volumes are summarized in Table 1 for the links in the study area of the project. The traffic volume data is presented in the Total Traffic section of this report. TABLE 1: Existing Roadwav Conditions/Service Volume Peak Hour — two way Existing Lanes/Committed -volume Lanes 251Street s. of Okeechobee 3300 4 lanes divided 25 Street s. of Virginia 2470 4 lanes divided 25` Street south of 1310 2lanes Edwards Edwards Road e. of 25th 3300 4 lanes divided Street Edwards Road w. of 25h 1310 2lanes Street Virginia Avenue e. of 25h 3830 6 lanes divided Street Virginia Avenue w. of 25'h 3830 6 lanes divided Street 3 77 PROJECT TRAFFIC To estimate traffic generated by the Estancia Ft. Pierce development, the ITE Trip Generation, 6th Edition trip rates were applied. These calculations provide an estimate of the typical generation. Trip generation for the project is shown in Table 2. err TABLE 2: Project Trip Generation Land Units TTE Daily Trip PM Peak %In/ %Out Use Land Use Equation Hour Trip (trips in/trip Code (Trips) Equation out) (Trips) Town 82 230 Ln(T)= Ln(T) = 670/o/ 33% Home 0.850Ln(x) + 0.827Ln(x)+ (35/17) 2.564 550 0.309 52 The PM peak hour total trips would be 52 with 35 entering and 17 exiting the project. PROJECT DISTRIBUTION / ASSIGNMENT/ IMPACT The project traffic was distributed by general geographic direction and then assigned to the roadway network. Distribution -- The project general geographic traffic distribution was estimated as 25% north, 35% south, 25% east and 15% west. Assignment -- This general distribution led to an assignment of external, new trips to the roadway network. Figure 2 illustrates the trip assignment and resultant trips. 4 ri. W W a • E� 00o f=, N~V N 00 W 5% 5% 3 3 (28) (22) Virginia Avenue y C. Project Site L 25% m 13Go ,� ,� •a 15% (138) Q 8 ' --_ — A e � •os 83 __.___� W W Edwards Road a a a E X w o \p iriA b rA en v a N 1 1 � rl F 5 z OTHER TRAFFIC- BACKGROUND TRAFFIC Growth rates were calculated for the study area using daily traffic counts conducted by St. Lucie County. A 7 % growth rate was calculated on 25`h Street south of Okeechobee, an 8% growth rate south of Virginia and no growth south of Edwards Road. On Edwards Road, growth was calculated as 1% east of 25`h Street and 3% west of 25th Street. On Virginia Avenue east of 25`h Street the growth was calculated as 6% and no growth west of 25`h Street. These rates were applied to existing counts to estimate 2005 traffic. These growth rates were used to account for through traffic and other growth in the area. The rates were obtained by comparing daily traffic counts from the spring of 2002 to counts conducted in the spring of 2003. A summary of the counts is provided in Appendix A. TOTAL TRAFFIC / CONCURRENCY REVIEW Tables 3A and 3B summarize the traffic from existing, growth and project traffic for the PM peak hour and daily conditions. The total traffic was then compared to the available capacity to determine of the project causes the capacity to be exceeded. In no case does the project cause the exceedance. IN the case of 25`h Street south of Edwards, the road is programmed for widening. On 251h Street south of Virginia, the daily capacity is exceeded but the peak hour capacity is not. Furthermore, the intersections at both ends of the link operate at LOS C. The project represents just 1.66% of the LOS C capacity at its point of greatest impact on 251h Street in front of the project. INTERSECTION ANALYSIS The intersections of 25th Street/ Virginia and 251h Street/ Edwards Road were analyzed using the HCS analysis. The intersection was analyzed for the project buildout condition of 2005. A turning movement count was made on February 24, 2004 and grown by the appropriate growth rates presented in the section on Background Growth to reflect 2005. Project traffic was added to reflect total traffic for 2005. The intersection level of service was C for the PM peak hour condition for both the existing and future traffic conditions. Appendix B provides the intersection counts and HCS worksheets. r do m �00°di�we0T 72 a _01�UUUUUUU MtO ole OD CI a4 Ora 0000 v V? a ti 00 O'T 0000 OrMM (O E W a O O r W U U O _ �pIm ODhN ODOD(�iO D)(D d1Nid (D NN O N O • IL Boo a N ' L C N O O) PI: elf N M a to r tp 0 tO 0 O o 0 0 0 C Z @ •tm a yQ. U O M(D ODMM W U r � r r � a� a Z v(�'DoF iv 0 U C � o r r r i7 N LL LL r- r�p rhNU')N O rM C, W)NOM0 c J c O W U Q (+f J =-O Q X c W 1- cn W7026zig5" C 21 03N C4 o O O>W�� m 3 a5 w 55 co m m W c'c g _ rn N N N W W> S � U r v � c 0t UUUUUUU * o * e NI- M (D ODOhI'- 'It (000 O r o O O O O M m 0000000 000000� O O ne7 i) 0 'w CO (D 1w1t 0 �vE o oWUU co _ �OfOOMI+r- to — MOD CD Y OD M ar N r r M 0) 0 N �p • F NNrra -NN a —to a 12N NO o h wmwww N p 7 0 0 (jj (D J 0 0 0 O O Q ij C Zto a¢ } ice OtoODOCM00OD rM— (O Ci Z W ii �' IV ICO IN F I Z ��Nvo OOD Q U W 0 a0 M M N(Or M 2:7 LL N LL Q �NOOOrP.Q O(D(O(D N MOOM N O O OI�1� N N O F� �NN rrr OC4 N N � 0 w o E o O 0 O 0 O 0 O 0 C Os�• 0 C�pD 0 O W N N N m O O f V N C m x 7 tQ- W U j) CEOD�NNN ` N .O c c w ao UUS0P"P i0 (-° a c c N N N W W» Q CONCLUSION The Estancia Ft. Pierce development has a traffic impact of 550 daily trips and 52 PM peak hour trips. These trips would not cause the capacity of the roadway to be exceeded. In the case of 25"' Street south of Edwards the roadway is scheduled for widening. For 25`h Street south of Virginia, existing traffic volumes exceed the LOS C daily service volumes. Furthermore, the intersections and the links function at acceptable levels of service during the peak hours. Based on the calculations and findings presented here, the project does not require additional analysis and is deemed to be consistent with transportation concurrency requirements. go 8 go as APPENDIX A — DAILY TRAFFIC COUNTS 25th street s. of okeechobee s. of Virginia s. of Edwards Edwards Road W. of Oleander W. of 25th Street Virginia Avenue E of 25th Street W of 25th Street 2000 2002 2003 1.0005 Capacity Class 23000 24600 1.069565 347001 19700 19100 24900 1.080369 26000ii 16500 16300 0.987879 138001 10500 10900 1.012414 34700i 10100 10400 1.029703 13800i 24800 26200 1.056452 40300 ii 22300 22000 0.986547 40300 ii so APPENDIX B - INTERSECTION DATA so to J O Z O U N W N � J 3 ME W W b W NC ~ W G W U '^ v V) y W Zy w LL1i r e- C N a7 O 7 ~ C u �� 0 a c� a } X W 0 W $ 8 N y m Ct N � 2 O N N_ W N IZ >> O o m mm m r�'i U1 N N N N N 0) N N N O N N W Go M Ov LL 00 O W m Y z -` a 8 g v 8 v 8 W U) Z til n iq v ui ui ui LL $ o Z LL v v v ui vi LL> U r V m m 3 n N N M N N v v m O O n M N W M `O m n n In mr w n m W N N W N GW+) Y N G7 N M co GO co N M m o cmn v� a v� fq m i Gmn umi W) umi M N m m m O f` n Z N N N v z m M , N N I m l N N Z m Gm') M N A N 99E 8ZL LOL ~ — ZZ9 iiL � � £iL O I� = VJ M Gm7 Y Y Y n O fg � b ri N m O d' LL qr N M e- O S Y 8 v g 8 r 8 w g id $ � A �� 2 0 3 e a v e n di �i .n a> J 2 Q N GOD m W O O O O F m N a n m N N r A N v n N o � N N m 3 N v m m� f` m uM co W N Y N M ra m N m m O N w W M N O N N N W f v M M t O N N w co to N N Y M m m M m N m M. O! QQ N r- t- m a N a N v In m O! N N N N W Z l0'�) f La h r I� M Ln Z N M M ZY N G��) (1) lye 5 a t0 Y O M W C 7j++ (/� N N N N N W Z O A O C1 Y O M N N v v Y do N M N M O O O N ACR n O �m 3 O O 8 NM LL O N N N t0 W O N N C N W' m m Wy V co in M ro 4- w w O O W n W CM 0 0 0co N O O 'O ^ o qO r N 40 N Nto 0 O O O F .N- O H bb x N G NO C C O fAco t of S o cn N LL NO N O F N = W LU Y Q W a $ g gi 8 iYi W i0 f 8 ayi a g aLU to � a a $, v DD y$ Z ii p ii vi v v v a vi �ii d> 8 v :i v a Sao' �ii u�i v�i' d> O t°- J 0 N � n n m r r r F 3 � v m u> v � m m � m 3 N a m ��� N v v 'CIO W M cm N m n n h W i0 1� m iC N M Y N N M N Y Nrn m o� v rtOi v a n n n m� � v"i M O O N n n Z N N � Z t0 N M N N � N _ O CO N O � � N N N 'O O � N O C M N m O � � Q O M a 6 N r W N IOU 9 OD R m N O m � Ly 7 s � N N N M1 0 f O n A O f 9 O� f O N _ LL O B ' N � O 0 J m 0 t�9 � � 6f O O O � F O N VO' � 1� � f0. r r N O1 N Y M N N V M O1 f0 3 W N N m' r m 10 r coO � W M N b O a � co N W O N V N N W Y M M M N N � M N O N m M N t0 M O � O N N h n n m N H Y Y O y � � M N � N N N W Z N F m M N M M Z a ZY M N N (O�l fM�l l'M7 25Edwards PM Existing.txt HCS2000: Signalized Intersections Release 4.1d Analyst: LSB Inter•: Edwards/S 25 Street Agency: Area Type: All other areas Date: 2/84/04 Jurisd: Fort Pierce Period: PM Peak Hour - Existing Year : 2004 Project ID: Estancia - Fort Pierce E/W St: Edwards N/S St: S 25 Street SIGNALIZED INTERSECTION SUMMARY I Eastbound 1 Westbound I Northbound 1 Southbound I I L T R I L T R I L T R I L T R 1 I I I I I No • Lanes 1 1 2 0 1 1 2 0 1 1 2 0 1 1 1 1 1 LGConfig i L TR I L TR I L TR I L T R I Volume 1124 274 109 1145 281 242 188 483 72 1251 618 142 1 Lane Width 112-0 12.0 112.0 12.0 112.0 12.0 112.0 12.0 12.0 1 RTOR Vol 1 0 1 150 1 0 1 0 1 Duration 0.25 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 1 5 6 7 8 EB Left A A i NB Left A A Thru A I Thru A Right A I Right A Peds I Peds WB Left A A I SB Left A A A Thru A I Thru A A Right A i Right A A Peds I Peds NB Right I EB Right SB Right I WB Right Green 6.0 18.0 6.0 7.0 28.0 Yellow 4.0 4.0 4.0 4.0 4.0 All Red 1.0 1.0 1.0 1.0 1.0 Cycle Length: 40.0 secs Intersection Performance Summary Appr/ Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s) V/c g/C Delay LOS Delay LOS Eastbound L 265 1770 0.51 0.32 24.7 C TR 678 3390 0.60 0.20 34.3 C 31.9 C Westbound L 258 1770 0.59 0.32 26.9 C TR 682 3408 0.58 0.20 33.8 C 31.8 C Northbound L 305 1770 0.30 0.38 19.2 B TR 1080 3470 0.54 0.31 26.2 C 25.3 C Southbound L 535 1770 0.49 0- 2. B T 628 1863 0.79 0.44 26.4 C 21.3 C R 704 1583 0.21 0.44 15.5 B = C Intersection Delay = 26.3 (sec/veh) Intersection LOS Page 1 25Virginia PM Existing.txt HCS2000: Signalized Intersections Release 4.1d Analyst: LSB Inter•: Virginia/S. 25 Street 1s Agency: Area Type: All other areas Date: 2/24/04 Jurisd: Fort Pierce Period: PM Peak Hour - Existing Year : 2004 Project ID: Estancia - Fort Pierce E/W St: Edwards N/S St: S 25 Street SIGNALIZED INTERSECTION SUMMARY I Eastbound I Westbound I Northbound I Southbound I go I L T R I L T R I L T R I L T R I I I I I I No • Lanes 1 1 3 0 I 1 3 1 1 1 2 0 1 1 2 0 I I L TR I L TR I im LGConfig I L TR I L T Volume 1123 638 194 1278 781 R 263 1143 579 123 1268 707 144 1 Lane Width 112.0 12.0 112.0 12.0 12.0 112.0 12.0 112.0 12.0 1 RTOR Vol 1 60 1 60 1 30 1 30 1 wo Duration 0.25 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 1 5 6 7 8 do EB Left A A I NB Left A A Thru A 1 Thru A Right A I Right A Peds I Peds ap WB Left A A I SB Left A A Thru A I Thru A Right A I Right A Peds I Peds of NB Right I EB Right SB Right I WB Right Green 9.0 25.0 9.0 27.0 Yellow 4.0 4.0 4.0 4.0 dw All Red 1.0 1.0 1.0 1.0 Cycle Length: 90.0 secs Intersection Performance Summary Appr/ Lane Adj Sat Ratios Lane Group Approach g° Lane Group Flow Rate Grp Capacity (s) V/c g/C Delay LOS Delay LOS do Eastbound Eastbound 299 1805 0•43 0.43 17.8 B TR 1403 5052 0.58 0.28 28.6 C 27.1 C Westbound L 301 1805 0.97 0.43 79.5 E T 1441 5187 0.57 0•28 28.4 C 39.6 D R 449 1615 0.48 0.28 27.9 C Northbound L 266 1805 0.57 0.46 20.6 C TR 11161 3535 0.67 0.30 29.2 C 27.7 C Southbound L 307 1805 0.92 0.46 60.9 E TR 1061 3535 0.81 0•30 34.2 C 40.8 D Intersection Delay = 34.8 (sec/veh) Intersection LOS = C HCS2000: Signalized Intersections Release 4.1d r. Page 1 w 25Virginia PM 2005.txt 09 NO HCS2000: Signalized Intersections Release 4.1d Analyst: LSB Inter.: Virginia/S 25 Street Agency: Area Type: All other areas Date: 2/24/04 Jurisd: Fort Pierce Period: PM Peak Hour - 2005 Year : 2005 Project ID: Estancia - Fort Pierce E/W St: Edwards N/S St: S 25 Street SIGNALIZED INTERSECTION SUMMARY 1 Eastbound I Westbound I Northbound I Southbound I I L T R 1 L T R I L T R I L T R I rM I I I I 1 No. Lanes 1 1 3 0 1 1 3 1 1 1 2 0 1 1 2 0 1 LGConfig I L TR I L T R I L TR I L TR I Volume 1127 657 202 1283 789 266 1144 625 124 1289 771 156 1 Lane Width 112.0 12.0 112.0 12.0 12.0 112.0 12.0 112.0 12.0 1 RTOR Vol 1 60 1 60 1 30 1 30 1 Duration 0.25 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 1 5 6 7 8 EB Left A A I NB Left A A Thru A 1 Thru A Right A 1 Right A Peds I Peds WB Left A A I SB Left A A Thru A i Thru A Right A I Right A Peds i Peds NB Right 1 EB Right SB Right I WB Right Green 12.0 19.0 9.0 30.0 Yellow 4.0 4.0 4.0 4.0 All Red 1.0 1.0 1.0 1.0 Cycle Length: 90.0 secs Intersection Performance Summary Appr/ Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s) V/c g/C Delay LOS Delay LOS Eastbound L 319 1770 0.42 0-40 19.6 B TR 1148 5440 0.73 0.21 35.6 D 33.4 C Westbound L 319 1770 0.93 0.40 54.6 D T 1180 5588 0.70 0.21 34.8 C 39.6 D R 334 1583 0.65 0.21 36.9 D Northbound L 266 1770 057 0.49 19.2 B TR 1217 3652 0.62 0.33 26.2 C 25.1 C Southbound L 326 1770 0.93 0.49 62.3 E TR 1216 3647 0.78 0.33 30.3 C 38.0 D Intersection Delay = 34.9 (sec/veh) Intersection LOS = C Page 1 rir ON 25Edwards PM 2005.txt HCS2000: Signalized Intersections Release 4.1d Analyst: LSB Inter.: Edwards/S 25 Street Agency: Area Type: All other areas Date: 2/24/04 Jurisd: Fort Pierce Period: PM Peak Hour - 2005 Year : 2005 Project ID: Estancia - Fort Pierce E/W St: Edwards N/S St: S 25 Street SIGNALIZED INTERSECTION SUMMARY I Eastbound I Westbound i Northbound I Southbound i I L T R I L T R I L T R I I L T I R I No. Lanes I 1 1 2 0 I 1 1 2 0 1 1 2 0 1 1 1 I 1 1 LGConfig I L TR i L TR I L TR I L T R 'I Volume 1138 287 112 1146 284 254 188 492 72 1276, 671 156 1 Lane Width 112.0 12.0 112.0 12.0 112.0 12.0 112.0 12.0 12.0 1 RTOR Vol I 0 1 150 1 0 I 0 I Duration 0.25 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 1 5 6 7 8 EB Left A A I NB Left A A Thru A 1 Thru A Right A I Right A Peds I Peds WB Left A A I SB Left A A A Thru A I Thru A A Right A I Right A A Peds I Peds NB Right I EB Right SB Right 1 WB Right Green 6.0 18.0 6.0 7.0 28.0 Yellow 4.0 4.0 4.0 4.0 4.0 All Red 1.0 1.0 1.0 1.0 1.0 Cycle Length: 90.0 secs Intersection Performance Summary Appr/ Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s) v/c g/C Delay LOS Delay LOS Eastbound L 259 1770 0.56 0.32 25.9 C TR 678 3390 0.62 0.20 34.6 C 32.4 C Westbound L 253 1770 0.61 0.32 27:5 C TR 679 3397 0.60 0.20 34.2 C 32.4 C Northbound L 264 1770 0.35 0.38 14.4 B TR 1080 3471 0.55 0.31 26.4 C 25.5 C Southbound L 531 1770 0.55 0.57 12.8 B T 828 1863 0.85 0.44 30.4 C 24.2 C R 704 1583 0.23 0.44 15.7 B Intersection Delay = 27.6 (sec/veh) Intersection LOS = C Page 1 JL ENVIRONMENTAL STANCIA FT. PIERCE ENVIRONMENTAL ASSESSMENT This assessment was performed in conformance with accepted methodologies for this type of survey. The information contained herein reflects the condition of the site at the time of the survey. Jeri L. Curley, M.S. Principal Ecologist JL Environmental Gregory J. Sawka, CPSS Soil Scientist Southeast Soil & Environmental Services, Inc. ilm fr. v Table of Contents INTRODUCTION...... ............. .......................................... ........ ............. »...... .............. ................ I LOCATION.................................................................................................................................. I METHODS...................................................................................................................................1 RESULTS.....................................................................................................................................2 LIST OF THREATENED AND ENDANGERED SPECIES FOUND IN ST. LUCIE COUNTY ....................2 Plants..................................................................................................................................... 2 Animals................................................................................................................................... 3 SURVEYRESULTS....................................................................................................................... 4 HABITATSUITABILITY................................................................................................................4 Vegetation............................................................................................................................... 4 UplandHabitats.................................................................................................................. 4 WetlandHabitats................................................................................................................5 Uniform Mitigation Assessment(FAC62-345)........................................................................ 6 Part I. Qualitative Characterization....................................................................................6 PartII. Assessment Scoring...............................................................................................6 CriticalHabitat...................................................................................................................... 7 WaterTable............................................................................................................................ 7 Soils........................................................................................................................................ 7 FloodZones............................................................................................................................8 DisturbedAreas...................................................................................................................... 8 LISTEDSPECIES NOTED ON SITE.................................................................................................8 VEGETATION AND WILDLIFE IMPACTS...........................................................................9 LISTEDSPECIES..........................................................................................................................9 GopherTortoise Options: .................................................................................. 9 WETLANDIMPACTS......................................................................................I...........................10 VEGETATION............................................................................................................................11 SOIL & WATER CONSERVATION PLAN...........................................................................11 OFF -SITE NATURAL RESOURCES......................................................................................11 ARCHAEOLOGICAL/HISTORICAL REVIEW ................... ».............................................. 11 REFERENCES............».............................................................................................................12 LIST OF APPENDICES Appendix A. Maps, Figures & Photographs Appendix B. Wedand Data Sheets i ESTANCIA FT. PIERCE ENVIRONMENTAL ASSESSMENT INTRODUCTION In recent years, the importance of our natural environment has become quite evident. The loss of one piece can cause a cascading effect that impacts everyone. For example, the loss of wetlands has resulted in increased runoff and water quality degradation of the Indian River Lagoon. This loss of water quality has effected the life cycle of many species of animals and plants. Seagrass beds that once covered the lagoon are now found in patches. These seagrass beds are important to the commercial fishing industry because they serve as fish hatcheries. Because the environment is important to any sustainable community, many municipalities, state and federal agencies require that measures be taken to protect our vital resources. LOCATION The subject site herein referred to as Estancia Ft. Pierce is located in Section 20, Township 35 South, and Range 40 East in St. Lucie County, Florida (Figure 1.). The site is located between 25d, Street to and 27d, Street, south of Brantley Road in Fort Pierce. It is bordered to the north, west and south by Residential Communities and to the east by 25d, Street and a residential community. METHODS it Habitats were delineated using aerial photographs in conjunction with USDA soils maps. The Florida Department of Transportation's aanuary 1999) Florida Land Use, Cover and Forms Classification System (FLUCFCS) was used to identify each land use and habitat type located on the site. Transects were established to ensure adequate coverage (>15% cover) of all suitable habitat on the site (Figure 2). As the transects were walked, each side was scanned for the presence of Florida Gopher Tortoise (Gophew polyphemms) burrows and other listed species. Gopher Tortoise burrows were assigned an activity class: Active There are obvious tracks or shell scrapings signs at the burrow mouth. Inactive There are no tracks or shell scrapings. The burrow is unoccluded by debris, but recent use is apparent. Old The burrow is covered by debris, collapsed or dilapidated. w The location and activity assignment of the burrows and any actual tortoise sighting were recorded on the aerial photograph The percent vegetation cover for the canopy, subcanopy (shrub layer) and w. ground were estimated visually and recorded. ESTANCIA FORT PIERCE PAGE 1 ilm (Revision date: May 14, 2005) to q RESULTS LIST OF THREATENED AND ENDANGERED SPECIES FOUND IN ST. LUCIE COUNTY PLANTS Scientific Name Common Name State Federal Habitat Status Status Calopogon mull¢f Ms Many -Flowered Grass -Pink E Scrubby Flatwoods, Maritime Hammock Cetera eriophmus Fragrant Prickly -Apple E E Scrubby Flatwoods, Maritime Hammock Cereusgrad& West Coast Prickly -Apple E Shell Mound, Maritime and Rockland Hammock Cerms ent onus Barbed -Wire Cactus T Marine Hammocks Cbqsqpby&m oli ' orme Satin Leaf T Upland Hammock Coelm dxs tubermlosa Floridajoint-Tail T Marshes, Ponds, Lakes Conm&nagrandiflora Large -Flowered Rosemary E Coastal Salt Flax, Scrubby Flatwoods, Scrub Diceranda immacuLitete Iakela's Mint E E Scrub Encyclia tampenjis Florida Butterfly Orchid C Hammocks and Swamps Halobi4jobnondJohnson's Seagms T -Seagrass Beds Lechea arnua Scrub Pinweed T Scrub Lilium catesbad Catesby Lily; Pine Lily; Leopard T Wet Flatwoods, Seepage Bog Lil , Southem Red Lily Lycopodium arnuum Nodding Club -Moss; Staghorn C Wet Flatwoods, Marshes, Swamps Clubmoss; Okenia o aea Beach Peanut E Coastal Beach Dune O hio lossum almatum Hand Fern E H dric Hammocks, Swamps Opuntia stricta Shell Mound Or Common T Coastal Beach Dune, Shell Mound, Prickly -Pear Maritime Hammock Osmunda dnnamomea Cinnamon Fem C Marshes, Swam OsmAmda i ads Royal Fern; Kin 's Fern C Marshes, Swam Pepemmia humilis Reddish Peperomia; Polynesian E Maritime and Mesic Hammocks, Pe eromia Swamps P/atanthera nivea Snowy Orchid; Bog -Torch; T Wet Flatwoods, Wet Prairies, White Rein Orchid Seepage Bo Po6gala smallii Tiny Polygala E E Rockland Pine, Sandhills, Scrub Pteris bahamensis Bahama Ladder Brake T Upland Hammock Rockland Pine Remirea maritfma Beach Star E Coastal Beach Dune Scaewla !mien Inkb , Black Soap; Mad Moll T Coastal Scrub Tepbrnsia angustissima Hoary Pea; Devil's Shoestring E Coastal Scrub and Dune, Rockland Pine Tillandria uftia ata Giant Wild -Pine; Swollen Wild E Flatwoods, Hammocks, Swamps Pine Tomme onia gnaphalodes Bay Lavender E Coastal Beach Dune Verbena maritima Coastal Vervain E Coastal Scrub and Dune, Rockland Pine Zamia Coontie; Wild Sago; C Shell Mound, Scrubby Flatwoods, Xeric and Mesic Hammocks, Sandhills, Scrub ESTANCIA FORT PIERCE fto (Revision date: May 14, 2005) PAGE Z N TI ANIMALS Scientific Name Common Name State Status Federal Status Habitat Rana capita Gopher Frog SSC Flatwoods, Mesic and Xeric Forests and Hammocks, Marshes, Sandhills and Scrub Roseate Spoonbill SSC Marshes, Wet Prairies, Mangrove Swamps A belocoma coerulescens Florida Scrub jay T T Scrubby Flatwoods, Scrub Aramusguarauna Limpkin S.SC Marshes, Swamps, Lakes, Streams and Rivers Charadrius melodus Piping Plover T T Coastal Beach Dune Dendrvica kirt4wdU Kirtland's Warbler E* E* Hammocks, Upland Pine Forest Egivtta caemlea Little Blue Heron SSC Marshes, Swamps, Lakes, Streams and Rivers Egretta &mla Snowy Egret SSC Marshes, Swamps, Lakes, Streams and Rivers Egretta tricolor Tricolored Heron, Louisiana Heron SSC Marshes, Swamps, Lakes, Streams and Rivers Eudocimus albus White Ibis SSC Marshes, Swamps, Lakes, Streams and Rivers Falco pengrihus s . Peregrine Falcon E* E* Pasture, Open Land, Marshes, Prairies Falco span4erius Paulus Southeastern American Kestrel T Pasture, Open Land, Wet Prairie, Flatwoods, Sandhills Gras canadensis pratensis Florida Sandhill Crane T Pastures, Wet Prairies Haemato s alfiatus American Oystercatcher SSC Coastal Dune, Oyster Bar Ha6aeelus leumVhalus Bald Eagle T T Floodplain Forest, Marshes, Swamps, Ponds, Lakes, Streams, Rivers, Mycte is amerirma Wood Stork E E Marshes, Swamps, Lakes, Streams and Rivers Pelecanus oaddentak Brown Pelican SSC Estuarine Open Water, Salt -water Marshes Polyborusplamm audubond Audubon's Crested Caracara T T Pasture, Prairies Rostrbamus sodabiks lumbeus Snail Kite E E Floodplain Forest, Marshes, Swamps, Ponds, Ickes, Streams, Rivers, R b r " er Black Skimmer SSC Coastal Dune, Pasture, Ponds and Lakes Speotyto cumcularia Burrowing Owl SSC Pasture, Old Prairie, Sandhills Sterna antiAvum Least Tern T Coastal Dune, Pasture, Ponds and Lakes Centmpomru unih7amabs Common Snook SSC Marine and Estuarine Open Water, Seagrass, Oyster Beds, Saltwater Marshes Rivulus marmoratus Rivulus, Mangrove Rivulus SSC Salt -water Marshes, Mangrove Swamps Balaena kuda& Right Whale E E Marine Open Water Balaenoptera pbysalus Finback Whale E E Marine Open Water Blain caroknensis =bnvicauda shermani Sherman s Short -Tailed Shrew SSC Wet Flatwoods, Hammocks, Wet Prairies MV,aptera novaen lice Humpback Whale E E Marine Open Water Pemwysms polionotus niveiventris Southeastern Beach Mouse T T Coastal Dune, Scrub and Mud Flat Pbyseter catodon Sperm Whale, Cachalot E E Marine Open Water Podomysflmidsnus Florida Mouse SSC Coastal Scrub, Scrubby Flatwoods, Scrub, Sandhills Scones niger shaman Sherman s Fox Squirrel SSC Mesic and Scrubby Flatwoods, Pine Forest, Xeric Hammocks, Sandhills, Dome Swamps Trichechus mantes Florida Manatee, West Indian Manatee E E* Estuarine, Marine Open Water, Streams, Rivers ESTANCIA FORT PIERCE as (Revision date: May 14, 2005) PAGE 3 17 o AUigatormississppiensis American Alligator SSC T(S/A) Marshes, Swamps, Open Water, Streams, Rivers, Ponds Camtta cam%a Atlantic Loggerhead T T Coastal Dune and Salt Flat, Marine and Turtle Estuarine Open Water Cbelonia nrydas mydas Atlantic Green Turtle E E Coastal Dune and Salt Flat, Marine and Estuarine Open Water Dermo-be#s coiiacea Leatherback Turtle, E E Coastal Dune and Salt Flat, Marine and 1,eaffiery Turtle Estuarine Open Water Drymarebon corgis couperi Eastern Indigo Snake T T Pasture, Cropland, Flatwoods, Hammocks, Prairies, Sandhills, Scrub, Swamps Eretmocbelys imbricata Atlantic Hawksbill E E Coastal Dune and Salt Flat, Marine and Estuarine Open Water Gopberus polypbemus Gopher Tortoise SSC Coastal Scrub and Dune, Scrub, Scrubby Flatwoods, Xeric Hammocks, Dry Prairies Lepidocbeys kempii Atlantic Ridley Turtle E E Coastal Dune and Salt Flat, Marine and Estuarine Open Water Nemdia fasdata taeniwa Atlantic Salt Marsh T T Salt -water Marshes Snake Pituopbis melanoleucus Florida Pine Snake SSC Pasture, Scrubby Flatwoods, Xeric mu 'tus Hammoc ks, Sandhills SURVEY RESULTS 11 December 2003 760 _ 780 F, slight breeze, cloud 21 December2003 580 _ 600 F, s ' ht breeze, overcast Table 1. Survey Dates & Conditions HABITAT SUITABILITY VEGETATION Based on vegetation, there are 3 habitat types on the property (Figure 3). ter Aland Habitats ON Duturbed Land (FLUCFCS 740) . - Mistflower Vegetation Conocinum coekstinum FAC - 35% Tickseed &dens alba FAC 20% Bermuda Grass Cynodon . UPLAND 15% Switch Grass Panicum vi atum FACW 5% Ceasarweed Umna lobata UPLAND 5% Beach Dai Heliantbus UPLAND 2% ESTANCIA FORT PIERCE (revision date: May 14, 2005) PAGE 4 i 7W Pine Mesic Oak (FLUC FCS 414) ScientificVegetation Slash Pine Pinus eDiottii UPLAND 35% Brazilian Pepper' Schinm tamrbinth' alias FAC 2 - 30% Mehileucal Melaleuca quincenenw FAC 2 - 5% Laurel Oak Qua= huff ' olia FACW 2°/u CabbaR,e Palm Sabal palmetto FAC 2% Saw Palmetto Serena mpens UPLAND 1— 20% Gallberry Ilex glabra UPLAND 1% Sword Fem' NePblvkPs sPA FAC 2% PrickIv Pear Opunda ip. UPLAND <1% Ceasarweed' Umna lobata UPLAND 2% Beauty -berry CaOcarpa americana UPLAND 1% Rattle -box Cmhzbria paffda UPLAND 1% Maiden Fem The tens . UPLAND 1% Polypody Po dium aureum EPIPHYTIC 1% Kentia Palm Hone orsteriana NON-NATIVE 1% Wetland Habitats Exotic W-etland Harrhvoods (FLUCFCS 619) Vegetation CANOPY Scientific Name State Index Federal Index Percent Cover Melaleuca' Melala ca uincenervia FAC FAC 5% Brazilian Pe er' Scbinus tmbint ' olius FAC FAC 60% Laurel Oak emus kunfo& FACW FACW 1% Cabbage Palm Sabal almetto FAC FAC 20/6 GROUND S oonflower Peltandra sgUt#Ma OBL OBL 2% Swarrip, Fem Bkchnum serrulatum FACW FACW+ 2% Sword Fem' NephmIANLs spp. FAC FACW- 1% VINE Air Yarn Dioscorra bulWera VINE VINE 1% Philodendron Philodendron V. VINE VINE 1% Wax Mallow MaAwiscus ahfmws VINE VINE <1% Wild Balsam A le Momordica charantia VINE VINE <1% Index Descriptions FAC (Facultative): Plant species that will grow equally well in both an upland and wetland. FACW (Facultative Wetland): Plants that will grow 66% of the time in wetlands OBL (Obligate): Plants that will grow 99% of the time in wetlands. FACU (Facultative Upland): Plants that will grow 33% of the time in wetlands UPL (Upland): Plants will grow 1% of the time in wetlands VINES: Vines are ignored for wetland delineation purposes. A plus (+) means that the plant grows in drier areas A minus () means that it grows in wetter areas ' Listed by Florida's Exotic Pest Plant Council as a Category II invasive exotic. This plant has not yet altered comm-lities to the extent that Category I plants have. ion ESTANCIA FORT PIERCE PAGE 5 (Revision date: May 14, 2005) im fry UNIFORM MITIGATION ASSESSMENT (FAC62-345) The uniform mitigation assessment (FAC 62-345) was developed in an attempt to standardize the criteria for determining the ratio of mitigation required to offset wetland impacts. Part L Qualitatim Characteritiation Exotic Wetland Hardwoods (FI.U(FCS 619) These wetlands (app. 0.63 acres) lie adjacent to 25th Street. There is no direct connection to any natural bodies of water. The site has been used as a dump for many years. Part II. Assessment Scoring Exotic Welland Hardwoods (FLUCFCS 619) Current Conditions without Preservation LOCATION & LANDSCAPE SUPPORT Habitat Support Outside the The on -site wetlands are isolated by roads and 2 Assessed Wetland houses. Invasive Plant Species The adjacent stem is acted. 6 Wildlife Access to and from Wildlife access for wetland dependent species and 6 Assessed Wetland terrestrial species is impeded by surrounding houses and roads. Downstream Benefits Provided There is a barrier of houses and roads between the 3 to Fish & Wildlife on -site wetland and downstream habitats. Adverse Impacts to Wildlife in The wetland is a dump site for local residents. 3 the Assessed Wetland from Proximal Land Uses Hydrologic Connectivity There are impediments to water flow from the 3 wetland to the downstream systems. Dependence of Downstream Downstream habitats derive little to no benefits from 4 Habitats on the Quantity and wetland. Quality of Discharges from Assessed Wetland Protection by Upland Buffers There is a minimal upland buffer along one side of 6 the wetlands. AVERAGE SCORE WITH NO WEIGHTING 3.67 WATER ENVIRONMENT Appropriate Water Levels and The water levels and flow are appropriate for the 9 Flows wetland system Reliability of Water Level Indicators are distinct and reliable Indicators Appropriate Soil Moisture Soil moisture is appropriate for system 9 Flow Rates/Points of Minor indicators of soil erosion and deposition 7 Discharge Fire Frequency/Seventy Not applicable NA Type of Vegetation Though vegetation is exotic and invasive, the type is 7 somewhat appropriate for this type of system an ESTANCIA FORT PIERCE (Revision date: May 14, 2005) PAGE 6 q Hydrologic Stress on No signs of stress 9 Vegetation AVERAGE SCORE WITH NO WEIGHTING 8.2 VEGETATION / STRUCTURE Appropriate/Desirable Species The majorily of the species are non -desirable species, 3 Invasive/Exotic Species There is a high presence and cover. There are 1 numerous species of invasive/exotic species and a percentage of cover. Regeneration and Recruitment There is little recruitment and regeneration of 3 of Desirable Wetland Species desirable canopy species. There is regeneration of ground cover species. Age & Size Distribution Age and size distribution is typical of this system. 8 Snags, Dens, Cavities, etc. There were a few dens noted. There were no snags 5 appropriate for nesting or roosting. Plants' Condition '' There was no disease or damage noted. 9 Land Management Practices Currently poor land ni=Vernent practices. 4 Topographic Features The topographic features are normal and appropriate 8 Channels, hummocks, re is for this type of stem Submerged Vegetation Not applicable NA Upland Assessment Area Not applicable NA AVERAGE SCORE WITH NO WEIGHTING 5.13 FUNCTIONAL LOSS = SUM OF SCORES/30 0.57 CRITICAL HABITAT There is no critical habitat on the subject site (Figure 4). WATER TABLE The normal water table for this area runs between 0 and 40 inches below the surface. The elevation in of the site runs between 15 and 20 feet NGVD (Figure 5). SOILS There are 6 soil types on the property (Figure 6). Pineda and Wabasso soils are listed in Florida as a hydric soil. A hydric soil is defined as a soil that is saturated, flooded or ponded for long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of hydrophytic (wetland) vegetation. Soil Type Ankona Sand (2) Description This poorly drained, nearly level soil is on broad flatwoods; Water Table is within 10 inches for 1 to 4 months and between 10 and 40 inches for 6 months or more; Permeability is raid in the surface and subsurface layers, very slow to slow in the upper Pan of the subsoil and Arents, 0 to substratum; Capability Unit IVw. soil consists of soil material dug kom several areas that have different kinds of soil; �5%This Table is between 20 and 50 inches; Permeability is variable; Capability Unit IIIw. sl esWater Nettles Sand (25) This poorly drained, nearly level soil is on broad flatwoods; Water Table is within 10 inches 40 inches for 6 months or more; Permeability is rapid for 2 to 4 months and between 10 and in the surface and subsurface layers and very slow to slow in the subsoil; Capability Unit IVw. Pepper Sand (31) This poorly drained, nearly level soil is on broad flatwoods; Water Table is within 10 inches inches for 6 or more; Permeability is rapid for 2 to 4 months and between 10 and 40 months in the surface and subsurface layers and very slow to slow in the subsoil; Ca abili Unit IVw. No ESTANCIA FORT PIERCE (Revision date: May 14, 2005) PAGE 7 as q an Pineda Sand (32) This poorly drained, nearly level soil is in low hammocks, in broad defined sloughs and on flats; Water Table is within 10 inches for 1 to 6 months and between 10 and 40 inches for the rest of the year, Permeability is rapid in the surface and subsurface layers, slow to very slow in the subsoil, and moderately rapid to rapid in the substratum; Capability Unit IIIw. Wabasso Sand (48) This poorly drained, nearly level soil is on broad flatwoods; Water Table is within 10 inches for 1 to 4 months and between 10 and 40 inches for 6 to 9 months; Permeability is rapid in the surface and subsurface and substratum layers and moderate to moderately slow in the dark sandy subsoil and very slow to slow in the loamy subsoil; Ca ability Unit IIIw. Table 2. USDA Soils FLOOD ZONES The site lies outside the 100-year and 500-year flood plane. DISTURBED AREAS . There are numerous paths through the site. The site has been used for dumping for many years. LISTED SPECIES NOTED ON SITE There were no Gopher Tortoise burrows located on the site. One tortoise was noted on the site. A gray squirrel, red -shouldered hawk, black vultures and cardinal were noted on the site. Table 3. Estimate of Gopher Tortoises On -rite. Disturbed Lan;(FLIUCFCS 0.73 0 100 0 0.614 0 0 0 740Pine-Mesic OaUCFCS 7.74 1 50 0 0.614 0.614 0.14 1.2 414 tortoise Exotic Wetland Hardwoods 0.63 0 100% 0.614 0 0 0 LUCFCS 619) TOTAL 9.1 0 1.2 N & A - Number and Activity Class (A - Active, I - Inactive, O - Old) COV - Percent Coverage of the Habitat by the Transect CF - Conversion Factor GTS - Number of Gopher Tortoises located during the survey (CF X # Burrows) D - Density (GTS/acres surveyed) TGT - Total number of Gopher Tortoises expected to occupy this habitat (D X Total Habitat Acreage) ESTANCIA FORT PIERCE (Revision date: May 14, 2005) PAGE 8 to �Yr q VEGETATION AND WILDLIFE IMPACTS LISTED SPECIES The Florida Gopher Tortoise is so named for its habit of excavating extensive burrows that act as a focal point for the tortoise's life and as the focal point for an estimated 81 different species of vertebrates and invertebrates. The Florida Gopher Tortoise is currently listed as a Species of Special Concern with the Florida Game and Fresh Water Fish Commission. Of those organisms that utilize the burrow, eight are state or federally listed as endangered or threatened. The Florida Gopher Tortoise (Gopbermspofyfihemus) has an extended life span and usually lives forty to sixty years. The tortoise maturation process is long —the female does not reach sexual maturity for ten to fifteen years. It is believed that she will lay only one clutch of eggs a year and often only two clutches in a three-year period. Once lain the eggs are susceptible to predation as are the hatched young. These factors may all contribute to the decline in tortoise numbers. It is, however, the loss of habitat that has the largest impact on the Florida Gopher Tortoise (Gopbermspoll bemms) population. Suitable habitat for the Florida Gopher Tortoise (Gophers po�pbemms) is characterized by: 1. the presence of well -drained, sandy soils, which allow easy burrowing; 2. an abundance of herbaceous ground cover; and 3. a generally open canopy and sparse shrub cover, which allow sunlight to reach the ground floor. i m The site contains habitat for the Florida Gopher Tortoise (Gopherms po!�5bemw). There may be approximately 1 tortoise utilizing the upland habitats on -site based on the calculations in the table above. Because there were no actual burrows located on the site, it is unlikely that commensal species are on site. Commensals, such as the Eastern Indigo Snake, Florida Gopher Frog and Florida Mouse utilize the Gopher Tortoise burrow. They were not noted on site during the site visits. GOPHER TORTOISE OPTIONS: 1) Avoid developing in the area occupied by tortoises. 2) Develop so as to avoid gopher tortoise burrows by avoiding concentrations of burrows altogether and/or staying at least 25 feet from entrances of individual burrows. 3) Mitigate for activities that will probably entomb or kill tortoises by providing a degree of habitat protection similar to that provided by DRI developers. This option requires a minimum of 25 acres. 4) Relocate those tortoises that would otherwise be "taken." it 5) In cases where five or fewer tortoises are affected and some habitat or open space will exist on the site following construction, tortoises may be captured by the landowner or his agents and released back onto the site in an area where they can an move freely. A permit is required. ism ESTANCIA FORT PIERCE (Revision date: May 14, 2005) PAGE 9 Because there were no burrows located, options one (1) and two (2) are not viable. If option three (3) is pursued, a Take Permit application must be forwarded to Florida Fish & Wildlife Conservation Conunission (FFWCC). FFWCC mitigation ratios are determined by tortoise density on the property. For densities over 0.8 tortoises per acre, an equivalent monetary donation of 25% of suitable habitat is required for mitigation; for densities between 0.4 and 0.8,15% and for densities of less than 0.4 tortoises per acre, a sliding scale is used. On this site, the density was 0.12 tortoises per acre. Mitigation would be 4.5% of suitable habitat that will be developed or 0.5 acres. This is equivalent to $5000. If option four (4) is pursued, one-third C/) of an acres of land is needed per tortoise for on -site relocation, or a half C12) an acre is needed for off -site relocation. There are approximately 1 tortoise on the project site, therefore 03 acres is needed on -site or 0.5 acres off -site. This permit' generally used for tortoise populations that exceed five tortoises. If off -site relocation is pursued, the applicant must have a licensed biologist conduct blood sampling for the Upper Respiratory Tract Disease (URTD) prior to permitting. According to FFWCC Guidelines_ for Gopher Tortoise Relocations dated March 2001, no gopher tortoises from properties known to support symptomatic, seropositive or serologically suspect tortoises shall be transported onto another property. Testing and negative findings for URTD shall be required before the Commission will issue a permit for off -site relocation of tortoises. If 10 or fewer tortoises are to be relocated off -site, at least five individuals from the population shall be selected at random and tested (if the population consists of fewer than five tortoises, all shall be tested). If more than 10 tortoises are to be relocated, 25% of the population (up to a maximum of 25 tortoises) or five tortoises, whichever is greater, shall be selected at random and tested. Since only one tortoise was found on the site, only one would require testing. Two management options exist for gopher tortoise populations that contain URTD symptomatic, seropositive or serologically suspect tortoises. a. Gopher tortoises may be relocated to an on -site recipient area up to a final density of three tortoises per acre of suitable upland habitat Note that this is a stocking increase over a density of two tortoises per acre that was formerly allowed for on -site recipient areas. This revised stocking density applies to all on -site recipient areas, not just to those affected by URTD. b. Gopher tortoises that cannot be accommodated on -site shall be dealt with under an incidental take permit issued by the Commission. Incidental take permits will require mitigation under the formulas and procedures currently in place. Option five (5) is the recommended option since 15% of the native upland habitat on -site is being preserved and maintained. Applications are being processed on line at http://www.wildflorida.org/permits/tortoise/. WETLAND IMPACTS South Florida Water Management District (SFWMD) claims jurisdiction of the wetlands on the r property. SFWMD is required to forward any permit applications to USACOE. Both agencies require proof that wetland impacts have been minimized and that the wetlands have been avoided to the best of your ability. ESTANCIA FORT PIERCE go (revision date: May 14, 2005) PAGE 10 rr three options for mitigating wetland impacts —Creation, Preservation and Generally, there are Restoration/Enhancement. Since exotic and invasive plants extensively impact the existing wetlands, restoration/enhancement is an option. If the exotics were removed and an upland buffer created along the restored wetland, the relative functional gain would be approximately 0.2 to 0.3 units. Performing an assessment score of the theoretical end result of restoration and then dividing it by a risk factor and time lag score derived this number. Because this type of restoration has very little inherent risk and the benefits are immediate, the risk factor and time lag would be insignificant. That number means that for every acre of wetland impacted you will have to restore approximately 2.5 to 5 acres of wetland. 'Phis ratio is strictly for planning purposes. The agency reviewer has the final say on mitigation ratios. Unless a 25-foot average (15-foot minimum) upland buffer is provided for the wetland, any development adjacent to the wetland will result in Secondary Impacts that may require mitigation. In addition, permitting agencies may require removal of exotics as a condition of development of the site. in Off -site preservation is a more viable option. The on -site wetlands are isolated and when restored would not provide the long-term benefits that a mitigation bank could offer. VEGETATION The proposed project will unavoidably impact ±8.83 acres of Pine-Mesic Oak, ±0.73 acres of disturbed land and ±0.76 acres of exotic hardwood wetlands. In accordance with St. Lucie County Land Development Code, Section 6.02.01(D), ±1.32 acres of Pine-Mesic Oak will be preserved. St. Lucie County has tree protection laws that restrict the cutting of large native trees. The site has in many native pines that have a 12-inch or greater diameter at breast height (dbh). SOIL & WATER CONSERVATION PLAN During construction, sediment barriers will be installed along the clearing limits. This will reduce erosion, sediment loss and maintain water quality. The preserve area boundaries will be lined by 48- inch high, durable and conspicuous barricades. Where required, tree barricades will be placed around the driplines of preserved trees that are not being re -located. Best Management Practices (BMP) will be followed during construction to ensure that there is no impact to properties off -site. OFF -SITE NATURAL RESOURCES There are not off -site natural resources adjacent to the property. The site is located between 25th Street and 27th Street, south of Brantley Road in Fort Pierce. It is bordered to the north, west and south by Residential Communities and to the east by 25th Street and a residential community. ARCHAEOLOGICAL/HISTORICAL REVIEW The State Historical Preservation Officer (SHPO) was contacted to review their files for any known historical and/or archaeological sites for the project site. ESTANCIA FORT PIERCE am (Revision date: May 14, 2005) PAGE 11 an REFERENCES Breininger, D.R., P.A. Sch alzer, and C.R. Hinkle. 1991. "Estimating Occupancy of Gopher Tortoise (Gopberus pobPbemus) Burrows in Coastal Scrub and Slash Pine Flatwoods." J. of Herpetology, VOL 25, No. 3, pp. 317-321. Breininger, D.R, P.A. Schn lzer, D.A. Rydene, and C.R Hinkle. 1988. `Burrow and Habitat Relationships of the Gopher Tortoise in Coastal Scrub & Slash Pine Flatwoods on Merritt Island, Florida_" Florida Game and Fresh Water Fish Commission, Nongame Wildlife Program, Program Final Report, 238 pp. it Cog, J., D. Inkley, and R Kautz. 1987. "Ecology and Habitat Protection needs of Gopher Tortoise (Go phenrs polyphemms) Populations Found on Lands Slated for Large-scale Development in Florida." Florida Game and Fresh Water Fish Commission, Nongame Wildlife Program Technical Report No. 4,69 pp. O'Connell, M. 1994. "Preserving Scrub Habitat." The Florida Naturalist, Vol. 12. O'Meara., T.E. and M.J. Abbott. 1987. "Gopher Tortoise Response to Summer Burning in Longleaf Pine/Turkey Oak Sandhills." Florida Game and Fresh Water Fish Commission, Nongame Wildlife Program, Annual Performance Report. 8 pp. pan Stap, D. 1994. "Along a Ridge in Florida, an Ecological House Built on Sand." Smithsonian, Vol. 25, No. 6. U.S. Department of Agriculture Soil Conservation Service. "Soil Survey of St. Lucie County" ESTANCIA FORT PIERCE (Revision duce: May 14, 2005) PAGE 12 No Appendix A Maps, Figures and Photographs to an an m go • rr .w m aw Ow Estancia Ft. Pierce cf _ f . od�dden P ` 1 F s Charr w Of C� 70 Pt� k F ip0 - aC A xi �, Figure]. Location Map JL Cnvironwntat 4.63 Crescent Drive, Illdbourne, Ptorida 3290i Job#JI03-02002G Phone: 321-733-031' Pax: 37-1-733-z931 - isturbed Lan Ar _ UCFCS 74 .Wetland k R #' ` FCFCS 619) .Wetla ' FLUCFCS19)' h Exo iqe IL 4 - R .. inc esic Oak - # ry High Palmquo r Cove Ak3 y S. i 4 i a- 1 40 Estancia Ft. fierce �� f • • • i • f: o . . i mm {�• 1 1 .-:.' k • • ram. � -- l.: ON sm z 1 s • - ii * i w 0.4,' �r � • - � k e - a g y ; �� ,'e` ..�:.. ►.,sr"t cr-7 fit MT V f •{ liar--_al•� "'— r'— 1i� • '�� �.�-': 9 �r�,f V/ �/ ` • • .�• 29 Lr "^L ,� �_ � S � ♦.Y f -,fir z. i i r.• �', Figure 5. USGS Topo Map JL rnvironmentat 4.63 Crescent Drive, rlelbourne, Ptorida 3z9oi Job#JL03-02002G Abone:3W-733-03t Pax: 32t-733-z93; on Estancia Ft. Pierce PI EW 50 Legend 2 — Ankona Sand 4 — Arents, 0 to 5% slopes 25 — Nettles Sand 31 — Pepper Sand 32 — Pineda Sand 48 — Wabasso Sand Figure 6. USDA Soils Map JI_, Environmental _ U3 Crescent Drive, lAclbourne, rlorida 3zgci Job#JL03-020U2C Phone: 3zi-733-c8 z rax: 3Zt-733-Z931 IN ft I irk♦ "'N �f •� �� •�Q 't - ,per l- 4 F•r V - �W 7 Tw •� 3 ,i F ; Zl 1 IN r w io im 60 an so C ft to m so e Appendix B Wetland Data Sheets DATA FORM ROUTINE WETLAND DETERMINATION (Tarsi WE Wetlands Delineation Manual) Project/Site: Estancia Fort Pierce Date: 12/20/03 Applicant/Owner: County: St. Lucie Investigator: Jeri L. Curley, Greg Sawka State: Florida Do Normal Circumstances exist on the site? Yes Community ID Open Grass Is the site significantly disturbed? No Transect ID Is the area a potential Problem Area? No 1rl r A T1­ 1 Plot ID V t_vL 1 r11 IVIV PLANT SPECIES STRATUM INDICATOR I PERCENT COVER 1 Conoclinum coelestinum _ GROUND FAC 35% 2 Bidens albs GROUND FAC 20% 3 Cynodon sp. _ _ GROUND UPLAND 15% _4 Panicum vir atum GROUND FACW 5% 5 Urena lobata GROUND UPLAND 5% 6 Helianthus s .— -- GROUND UPLAND 2% 7 8 — — 10 — — --- ----- Percent of Dominant Species that are OBL, FACW or FAC: Remarks: -- — ^-- --� — MYDROLOU) ® Recorded Data ❑ Stream, Lake or Tide Gauge ® Aerial Photographs ❑ Other ❑ No Recorded Data Available Field Observations: Depth of Surface Water: 0 in Depth to Free Water in Pit: >18 in Depth to Saturated Soil: >18 (in Remarks: V %_.' LJ Wetland Hydrology Indicators: Primary Indicators _ Secondary Indicators (2 or more re , ❑ Inundated ❑ Oxidized Root Channels in Upper 12 ❑ Saturated in Upper 12 in. ❑ Water -stained Leaves ❑ Water Marks i ❑ Local Soil Survey Data ❑ Drift Lines I ® FAC-Neutral Test ❑ Sediment Deposits I ❑ Other (Explain in Remarks) ❑ Drainage Patterns Map Unit Name: Ankona & Pepper Draina a Class: Taxonomy (Subgroup): Field Observation Confirm Mapped Type Yes Profile Descri tion Depth (inches) Matrix Color Mottle Colors Mottle Abundance/Size/Contrast Texture/Concretions/Structures, etc. 0-12 10YR6/1 Gray Sand H dric Soils Indicators: ❑ Histosol ❑ Histic E i edon ❑ Sulfidic Odor ❑ Reducing Conditions ❑ Gle ed or Low-Chroma Colors ❑ Concretions ❑ Organic Steakin ❑ Listed on Local H dric Soils List ❑ Listed on National Hydric Soils List ❑ A uic Moisture Regime ❑ High Organic Content ❑ Other (Explain in Remarks Remarks: WETLAND DETERMINATION H dro h tic Vegetation Present? Yes Is this sampling point within a Wetland? No Wetland Hydrology Present? No H dric Soils Present? No Remarks: Wetland Data Sheet Page 1 of 4 DATA FORM ROUTINE WETLAND DETERMINATION (iyd/ UUE Wetlands Delineation Manual Project/Site: Estancia Fort Pierce Date: 12/20/03 Applicant/Owner: County: St. Lucie Investigator: Jeri L. Curley, Greg Sawka State: Florida Do Normal Circumstances exist on the site? Yes Community ID Flatwoods Is the site significantly disturbed? No Transect ID Is the area a potential Problem Area? No � it i+r�-n-r�• Plot ID v L%J L. 1!111\l 1Y PLANT SPECIES STRATUM INDICATOR PERCENT COVER 1 Pinus elliottii CANOPY FACW 35% 2 Schinus terebinthifolius SHRUB FAC 30% 3 Melaleuca quincenervia CANOPY FAC 5% 4� Quercus laurifolia _ CANOPY FACW 2% 5 Sabal palmetto CANOPY FAC 2% 6 Ilex glabra __ v SHRUB FACU 1 % 7 Ne hrole is s . GROUND FAC 2% 8 0 untia SP. GROUND UPLAND <1% 9 Urena lobata GROUND UPLAND 2% 10 Callica a amerlcana GROUND UPLAND 1 % Percent of Dominant Species that are OBL, FACW or FAC: Remarks: - HYDROLUU 1 ® Recorded Data ❑ Stream, Lake or Tide Gauge ® Aerial Photographs ❑ Other ❑ No Recorded Data Available _ Field Observations: -Depth of Surface Water: 0 in -Depth to Free Water in Pit: >18 in De th to Saturated Soil: >18 in Remarks: V Vtt_V Wetland H Indicators: Primary Indicators _drology Secondary Indicators (2 or more requin _FT ❑ Inundated Oxidized Root Channels in Upper 12 in. ❑ Saturated in Upper 12 in. ❑ Water -stained Leaves ❑ Water Marks ❑ Local Soil Survey Data ❑ Drift Lines ® FAC-Neutral Test ❑ Sediment Deposits ❑ Other (Explain in Remarks) ❑ Drainage Patterns Map Unit Name: Ankona & Pepper Drains a Class: Taxonomy Field Observation Confirm Mapped Type Yes Profile Descri tion Depth (inches) Matrix Color Mottle Colors Mottle Abundance/Size/Contrast Texture/Concretions/Structures, etc. 0-6 Pine needles 6-12 10YR7/2 H dric Soils Indicators: ❑ Histosol ❑ Histic E i edon ❑ Sulfidic Odor ❑ Reducin Conditions ❑ Gle ed or Low-Chroma Colors ❑ Concretions ❑ Organic Steakin Listed on Local H dric Soils List ❑ Listed on National Hydric Soils List ❑ A uic Moisture Re ime ❑ Hi h Or anic Content ❑ Other (Explain in Remarks Remarks: WETLAND DETERMINATION H dro h tic Vegetation Present? Yes Is this sampling point within a Wetland? No Wetland Hydrology Present? No H dric Soils Present? No Remarks: Wetland Data Sheet Page 2 of 4 DATA FORM ROUTINE WETLAND DETERMINATION Ivor uut vvetiands uvineation Manual Project/Site: Estancia Fort Pierce Date: 12/20/03 Applicant/Owner: County: St. Lucie Investigator: Jeri L. Curley, Greg Sawka State: Florida Do Normal Circumstances exist on the site? Yes Community ID Wetland Is the site significantly disturbed? No Transect ID NE Is the area a potential Problem Area? No Plot ID \/Fr.FTATIr1N PLANT SPECIES STRATUM INDICATOR PERCENCOVERT 1 Melaleuca quincenervia ^_ CANOPY FAC 5% 2 Schinus terebinthifolius CANOPY FAC 60% 3 Quercus_laurifolia CANOPY FACW 1 % 4 _ I Saba/ palmetto CANOPY FAC 2% 5 Peltandra sagittifolia GROUND OBL 2% 6 Blechnum serrulatum GROUND FACW+ 2% 7 Ne hrole iss p. GROUND FACW- 1% 8 Dioscorea bulbifera VINE VINE 5% 9 1 _ Philodendrons p. VINE VINE 20% 10 1 Malvaviscusarboreus I VINE VINE <1% Percent of Dominant Species that are OBL, FACW or FAC: Remarks: -- HYDROLOGIC ® Recorded Data Wetla7MZO drolo Indicators: ❑ Stream, Lake or Tide Gauge Prima Indicators condary Indicators (2 or more re red) ® Aerial Photographs ❑ Inundated Oxidized Root Channels in Upper 12 in. ❑ Other El Saturated in Upper 12 in. Water -stained Leaves El No Recorded Data Available ® Water Marks Local Soil Survey Data Field Observations: El Drift Lines FAC-Neutral Test Depth of Surface Water: __ 0 in ® Sediment Deposits ElOther (Explain in Remarks) Depth to Free Water in Pit: >18 in ® Drainage Patterns Depth to Saturated Soil: >18 in Remarks: OUILJ Map Unit Name: Ankona & Pepper Draina a Class: Taxonomy Sub row _ Field Observation Confirm Mapped Type Yes Profile Descri tion Depth (inches) Matrix Color Mottle Colors Mottle Abundance/Size/Contrast Texture/Concretions/Structures, etc. +2 feet Muck and Mucky Texture H dric Soils Indicators: ❑ Histosol ❑ Reducing Conditions ❑ Organic Steakin ❑ Histic E i edon ❑ Sulfidic Odor ❑ Gle ed or Low-Chroma Colors ❑ Concretions ❑ Listed on Local H dric Soils List ❑ Listed on National H dric Soils List ❑ A uic Moisture Regime _High Organic Content ❑ Other Ex lain in Remarks Remarks: WETLAND DETERMINATION H dro h tic Vegetation Present? Yes Is this sampling point within a Wetland? Yes Wetland Hydrology Present? Yes H dric Soils Present? Yes Remarks: Wetland Data Sheet Page 3 of 4 *a In illy iib DATA FORM ROUTINE WETLAND DETERMINATION IVd/ CUE Wetlands Delineation Manual Project/Site: Estancia Fort Pierce Date: 12/20/03 Applicant/Owner: County: St. Lucie Investigator: Jeri L. Curley, Greg Sawka State: Florida Do Normal Circumstances exist on the site? Yes Community ID Wetland Is the site significantly disturbed? No Transect ID NW Is the area a potential Problem Area? No Plot ID VF�FT�Tlrl�t I PLANT SPECIES i STRATUM i INDICATOR PERCENT 1 Melaleuca uincenervia CANOPY FAC COVER 5% 22 1 S�chinus terebinthifolius -- CANOPY FAC 60% 3 I Quercus laurifolia - __ CANOPY 1 FACW 1 4 Saba/palmetto -- - — CANOPY FAC 2% 5 I Peltandra sagittifolia GROUND GROUND OBL FACW+ 2% 2% 6 1 Blechnum serrulatum 7 Nephrole is spp. GROUND FACW- 1 % 8 Dioscorea bulbifera VINE VINE i 1% 9 Philodendron spp. VINE VINE _ 1 % 10 Malvaviscusarboreus VINE VINE <1% Percent of Dominant Species that are OBL, FACW or FAC: Remarks: HYDROLOGY ® Recorded Data ❑ Stream, Lake or Tide Gauge ® Aerial Photographs ❑ Other ❑ No Recorded Data Available Field Observations: Depth of Surface Water: 0 (in Depth to Free Water in Pit: >18 (in Depth to Saturated Soil: >18 (in Remarks: Q rlll n Wetland H droIOU Indicators: Primary Indicators Seconda Indicators - or more requlr ❑ Inundated ❑ Oxidized Root Channels in Upper 12 in. ❑ Saturated in Upper 12 in. ® Water -stained Leaves ® Water Marks ❑ Local Soil Survey Data ❑ Drift Lines ® FAC-Neutral Test ® Sediment Deposits I ❑ Other (Explain in Remarks) ® Drainage Patterns Map Unit Name: Ankona & Pepper Draina a Class: Taxonomy Sub rou : Field Observation Confirm Mapped Type Yes Profile Descri tion Depth (inches) Matrix Color Mottle Colors Mottle Abundance/Size/Contrast Texture/Concretions/Structures, etc. 0-9 Muck and Mucky Texture 9-10 10YR6/1 H dric Soils Indicators: ❑ Histosol ❑ Histic E i edon ❑ Sulfidic Odor ❑ A uic Moisture Regime ❑ Reducing Conditions ❑ Gle ed or Low-Chroma Colors LJ Concretions High Or anic Content El Organic Steakin ❑ Listed on Local H dric Soils List ❑ Listed on National H dric Soils List ❑ Other (Explain in Remarks Remarks: WETLAND DETERMINATION H dro h tic Vegetation Present? Yes Is this sampling point within a Wetland? Yes Wetland Hydrology Present? Yes H dric Soils Present? Yes Remarks: Wetland Data Sheet Page 4 of 4 ilYr JL ENVIRONMENTAL STANCIA FT. PIERCE t. PRESERVE AREA MANAGEMENT AND MONITORING PLAN The following Preserve Area Management and Monitoring Plan (PAMMP) has been prepared by JL Environmental and is being provided to St. Lucie County in order to satisfy the requirements se forth in Chapter 6.04.00 of the County's Land Development Code for the Estancia Jeri L. Curley, M.S. Principal Ecologist JL Environmental TABLE OF CONTENTS INTRODUCTION»....................»................»....»...»»».......»..»...»......»......»...................».».»» 1 EXISTINGVEGETATION ..».......... ............... ........... »........ ».... ...... ».»»................... .......... »... 1 UplandHabitats..................................................................................................................1 WetlandHabitats................................................................................................................2 BARRICADING REQUIREMENTS...»..».....»»....» ................. ».................... ........ ................. 2 PROHIBITEDACTIVITIES ........................... »...................................... ».. ......... ..................... 3 RESTORATION & MAINTENANCE ACTIVITIES ........................ »»................................... 3 EXOTIC, NUISANCE & INVASIVE VEGETATION — INITIAL REMOVAL ...................3 MONITORING......... »..»».... ...»»......... ».... ....... »................... »......... »... »................................... 3 VegetationSurvey................................................................................................................... 3 Fixed Point Panoramic Photographs .............................................. WildlifeUtilization.................................................................................................................4 RE-VEGETATION.................................................... »........... »................. ....... ......... ............... 4 REMOVAL OF PLANT MATERIAL........................................................................................4 EXOTIC, NUISANCE & INVASIVE MAINTENANCE..........................................................4 MISCELLANEOUS PROVISIONS & RESTRICTIONS ...... »................................................4 DUST........................................................................................................................................... 4 NOISE.........................................................................................................................................4 LISTEDSPECIES.......................................................................................................................... 5 LIST OF APPENDICES Appendix A. Maps & Figures Appendix B. Florida Exotic Pest Plant Council List Appendix C. Listed Species Brochures t it ESTANCIA FT. PIERCE PRESERVE AREA MANAGEMENT AND MONITORING PLAN INTRODUCTION The subject site herein referred to as Estancia Ft. Pierce is located in Section 20, Township 35 South, and Range 40 East in St. Lucie County, Florida (Figure 1.). The site is located between 25,h Street and 271h Street, south of Brantley Road in Fort Pierce. It is bordered to the north, west and south by Residential Communities and to the east by 251h Street and a residential community. Upland Habitats EXISTING VEGETATION Disturbed Land (FLUCFCS 740) Vegetation Mistflower Scientific Name Conoclinum coele d=x Index FAC Percent Cover 35% Tickseed Bidens albs FAC 20% Bermuda Grass C odors sp. UPLAND 150/6 Switch Grass Pamcamr ' alum FACW 5% Ceasarweed Unna lobata UPLAND 5% Beach Daig Hedanthus . UPLAND 2°/u Pine Mesic Oak (FLUCF'CS 414) Vegetation Slash Pine Scientific Name Ping elliomi Index UPLAND Percent CoN 35% Brazilian Pepper' Schinus terehinth' oJius FAC 2 - 30% Melaleuca' lbtekaleaca gAdmenmia FAC 2-5% Laurel Oak olus FACW 20/6 Cabbage Palm SabalpahveUo FAC 210 Saw Palmetto Sennoa ens UPLAND 1— 20% Gallbe L(ex kfbra UPLAND 1% Sword Fern' N hm FAC 2% Prickly Pear untias . UPLAND <1% Ceasarweed' Urena lobata UPLAND 2% Beautyberry Caffcatpa americana UPLAND 1% Rattle -box Cmaaria pa&da UPLAND 1% Maiden Fern The tens sp. UPLAND 1% Polypody Po drum aunum EPIPHYTIC 1% Kentia Palm 22= mtenana NON-NATIVE 1% ' lasted by Florida's Exotic Pest Plant Councl ac a Category II invasive exotic. This plant has not yet altered communities to the extent that Category I plants have. Estancia Fort Pierce PAMMP (Bedjion date: My M, 2005) Page 1 Wetland Habitats Exotic Wetland Hardwoods (FLUCFCS 619) Vegetation CANOPY Scientific Name State Index Federal Index Percent Cover Melaleuca' Mekfleuca qAdWMerZ& FAC FAC 5% Brazilian Pepper' s4bimas tarbindAfoas FAC FAC 60% Laurel Oak enwr olio FACW FACW 1% Cabbage Palm SabalpaLmetto FAC FAC 2% GROUND S oonflower Pehandia s ' ' olia OBL OBL 2% Swamp Fern Blechman smula um FACW FACW+ 20l0 Sword Fern' N hro FAC FACW- 1% VINE Air Yam Dioscmw bu ' em VINE VINE 1% Philodendron Phdodendmn spp. VINE VINE 1% Wax Mallow Makwiscus arborsxs VINE VINE <1% Wild Balsam A le Monordica chamnda VINE VINE <1% Index Descriptions FAC (Facultative): Plant species that will grow equally well in both an upland and wetland_ FACW (Facultative Wetland): Plants that will grow 66% of the time in wetlands OBL (Obligate): Plants that will grow 99% of the time in wetlands. FACU (Facultative Upland): Plants that will grow 33% of the time in wetlands UPL (Upland): Plants will grow 1% of the time in wetlands VINES: Vines are ignored for wetland delineation purposes. A plus (+) means that the plant grows in drier areas A minus () means that it grows in wetter areas BARRICADING REQUIREMENTS During construction and clearing, physical barriers will be placed around all preserved areas in accordance with the following guidelines: a. High visibility orange safety fence barricades with a height of 4 feet will be placed around the preserve area The barricade will not be attached to vegetation and will be placed at least 10 feet outside the preserve area or at the drip line of preserved canopy trees, whichever is greater- b. All barricades and turbidity screens will be remain in place for the duration of construction. They will be maintained and remain upright throughout construction. c. No native vegetation will be removed unless authorized as part of development plans. Preserved trees will be barricaded at or outside their drip lines. d. Elevations of the preserve areas will not be altered by fill or excavation unless authorized as part of development plans. e. In the event that the barricades are damaged or removed during clearing or construction, all work will cease until the barricade is repaired or replaced and all damaged vegetation or grades are restored or replanted. £ Preserve areas will be clearly posted as "Preserve Area" Estancia Fort Pierce PAMW Page 2 (Rerrision date May 14, 2005) 4 PROHIBITED ACTIVITIES Prohibited activities in preserve areas include, but are not limited to: construction or placing of building material on or above the ground; dumping or placing soil or other substances such as garbage, trash and lawn cuttings; removal or destruction of native trees, shrubs or other native vegetation; excavation, dredging or removal of soil material; diking or fencing; vehicular traffic including recreational vehicles; permanent irrigation, trinuning, pruning or fertilization; and any other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife conservation and preservation. No hazardous material other than fuel for refueling on -site heavy equipment will be stored on - site during clearing and constriction. Temporary fuel tanks will not be located within 25 feet of any Upland Preserve Area and will be removed upon completion of constriction work. Development activities will not alter the hydrology of adjacent preserve areas or increase non -point source pollution in the preserve area. RESTORATION & MAINTENANCE ACTIVITIES Except for authorized activities, the Preserve Area will remain undisturbed. The Preserve Area will be maintained in accordance to this plan and will be performed by or under the supervision of a qualified environmental professional. Upon receipt of written authorization from St Lucie County, rr the following activities will be permitted within the preserve area: a. Exotic and Nuisance Plant Removal b. Re -vegetation of Native Plants, as necessary c. Removal of dead or diseased plant material or plant material that poses a safety hazard. EXOTIC, NUISANCE & INVASIVE VEGETATION - INITIAL REMOVAL Exotic, Nuisance and Invasive vegetation will be removed from the preserve area by the least ecologically damaging method available. These may include, but are not limited to hand pulling, hand spading, chain saw and treatment with an appropriate herbicide. Plant debris will be removed from the preserve area. This initial removal will be completed within 9 months of receipt of the first Building Permit Following completion of the initial removal, Exotic, Nuisance and Invasive vegetation will be controlled in perpetuity. MONITORING VEGETATION SURVEY A Transect will be established with the preserved uplands (Figure 3). The monitoring report will include the percent cover by nuisance and exotic species, maintenance and re -vegetation recommendations. Estancia Fort Pierce PAMMP Page 3 (Revision date. Mug 14, 2005) FIXED POINT PANORAMIC PHOTOGRAPHS A photo station will be established for the transect Overlapping photographs of the wetlands and uplands will be taken to establish physical proof of the condition of each habitat. These photos will be included in the annual monitoring reports. WILDLIFE UTILIZATION Observations of wildlife utilization will be recorded during the annual surveys. RE -VEGETATION Any re -vegetation that may be necessary because of exotic, nuisance and invasive species removal will consist of native vegetation appropriate to the preserve community. Re -vegetation plan will be submitted for app=oval to St Lucie County prior to implementation. REMOVAL OF PLANT MATERIAL No native plant will be removed from the preserve area except as specified in Section 5.00(c). Prior to removal of plant material, St Lucie County must determine, in writing, that dead or diseased plant material creates a safety hazard to nearby buildings or that it does not promote a healthy community. Re -vegetation may be required. EXOTIC, NUISANCE & INVASIVE MAINTENANCE In the Preserve Area, Exotic, Nuisance and Invasive vegetation will be controlled in perpetuity. Brazilian Pepper will be removed from the property. Other Exotic, Nuisance and Invasive vegetation will be treated with an appropriate herbicide. Vegetation maintenance will be performed quarterly for the first year. This schedule will be evaluated and altered because of the annual monitoring results. Exotic, Nuisance and Invasive vegetation listed as Category I species by the Florida Exotic Pest Plant Council will be maintained at less than 5 % cover. Maintenance will be conducted in perpetuity and wM run with the land. MISCELLANEOUS PROVISIONS & RESTRICTIONS DUST Best Management Practices will be employed to eliminate dust annoyance to adjacent property owners and Preserve Areas. NOISE Noise levels during construction and clearing will comply with St Lucie County Noise Ordinances. Estancia Fort Pierce PAMMP Page 4 (Recision date. May 14, 2005) LISTED SPECIES There may be Gopher Tortoises utilizing the Preserve Area. Commensals, such as the Eastern Indigo Snake, Florida Gopher Frog and Florida Mouse utilize Gopher Tortoise burrows. Though, 1n these species were not noted on site during the site visits, they may be present - Homeowners and maintenance personnel will be made aware of their presence and instructed not to perform any activities that may entomb or harm Gopher Tortoises or the Commensals that share their burrow (Appendix C). The Florida Gopher Tortoise is so named for its habit of excavating extensive burrows that act as a focal point for the tortoise's life and as the focal point for an estimated 81 different species of vertebrates and invertebrates. The Florida Gopher Tortoise is currently listed as a Sped& of Speaal Concern with the Florida Game and Fresh Water Fish Commission Of those organisms that utilize the burrow, eight are state or federally listed as endangered or threatened. The Florida Gopher Tortoise (Gophenrs poyphenw) has an extended life span and usually lives forty to sixty years. The tortoise maturation process is long —the female does not reach sexual maturity for ten to fifteen years. It is believed that she will lay only one clutch of eggs a year and often only two clutches in a three -pear period. Once lain the eggs are susceptible to predation as are the hatched young. These factors may all contribute to the decline in tortoise numbers. Loss of habitat, however, has had the largest impact on population size. Suitable habitat for the Florida Gopher Tortoise (Gopheruspo&hemw) is characterized by: 1. the presence of well drained, sandy soils, which allow easy burrowing; 2. an abundance of herbaceous ground cover, and 3. a generally open canopy and sparse shrub cover, which allow sunlight to reach the ground floor. ON r Estancia Fort Pierce PAMMP Page 5 (Rension date: May 14, 2005) to Appendix A Maps & Figures ft rd Estancia Ft. Pierce Figure]. Location Map JL, I;nvironmentat U3 Creni Drive, Metbourne, Ptorida 3z9ol Pbone:3zi-733-o8iz Pax: 3z1-733-z931 No Fstancia Ft. Pierce Lo 20' MIN. Figure 2. Barrier Detail Job## JL03-02002G EXISTING VEGETATION TO REMAIN, TYP. 37E CONSTRUCTION FENCE, FENCE OR SAND FENCE, TYP. )L, Environmental 4.63 Crescent Drive, PMelboarne, rlorida 329oi Phone:321-733-o3m rax: 3Z1-733-2931 no Appendix B Florida Exotic Pest Plant Council List Florida Exotic Pest Plant Councils 2003 List of Invasive Species Purpose of the List: To focus attention on — ► the adverse effects of exotic pest plants on Florida's biodiversity and ecosystems, ► the habitat losses from exotic pest plant infestations, ► the impacts on endangered species via habitat loss and alteration, ► the need to prevent habitat losses through pest -plant management, ► the socio-economic impacts of these plants (e.g., increased wildfires in Melaleuca areas), ► changes in the seriousness of different pest plants over time, ► the need to provide information that helps managers set priorities for control programs. CATEGORY I - Invasive exotics that are altering native plant communities by displacing native species, changing community structures or ecological functions, or hybridizing with natives. This definition does not rely on the economic severity or geographic range of the problem, but on the documented ecological damage caused. Scientific Name Common Name EPPC Cat. Gov. list Rcg.Dist. Abrus Lmccatorius ro�MEea 1 C, S Acacia auriculiformis earleaf acacia _ 1 S Albizia julilwissin - �`--- - - mimosa, silk tree - --- - l — - - N, C Albizia lebbeck woman's tongue l C, S Arduia ercnata (= A. crenuhtta) coral ardisia 1 N, C Addisia elliptica (=A. humilis) shoebutton ardisia 1 S Asparagus densi orusrxc-fern I C, S Bauhinia varie ata orchid tree I C, S Bischola javanica bischoGa I C, S Calophyllum antillanum santa maria (names "mast wood," 1 S (=C. calaba; C. inephythrm misapplied) "Alexandrian laurel"used in cultivation) Casuarina equisetifolia Australian pine I P N, C, S Casuarina glauca suckering Australian pine 1 P C, S Cinnamomum cwnphora camphor -tree I N, C, S Colocasia esculenta wild taro 1 N, C, S Colubrina asiatica lather leaf I S Cupaniopsis anacardioides carrotwood I N C, S Dioscorra alata winged yam I N N, C, S Dioscorea bulbi fora air -potato I N N, C, S Eiclrltornia c►ass�es __ Eugenia uni ora _ - Ficus microcarpa (F. nitida and F. rausa var. nitida misapplied) water -hyacinth Surinam cherry laurel fig I I I P N, C, S C, S C, S Hydrilla vcrticiliata hydrilla l P, U N, C, S I ygrophila polysperma green hygro I P, U _ _ N, C, S _ Hymenachne amplcvicaulis West Indian marsh grass I Imperata cylindrica(I. brasiliensis misapplied) cogon grass 1 N, U N, C, S Ipomoca aquatica waterspinach I P, U C lasminum dichotomum Gold Coast ia_smine I C. S FLEPPC 2003 Invasive Species List - Nildland &eds - Fall 2003 .Category I continued jasminum (luminense Brazilian jasmine I C, S Lantana cmnara lantana, shrub verbena I N, C, S Ligustrum lucidum glossy privet _ I N C Ligustrum sinense Chinese privet, hedge privet I N, C, S Lonicera japonica Japanese honeysuckle I N C, S Lygodium japonicum Japanese climbing fern 1 N N, C, S_ Lygodium microphyllum Old World climbing fern I N C S Mac(adyena unguis-cati ear's claw vine I N, C S Manilkara Zapota sapodilla 1 S McIalcuca quinqueneivia melaleuca, paper bark I P, N, U C. S Melia azedarach Chinaberry 1 N, C, S Mimosa pigra catclaw mimosa I P, N, U C, S Nandina domestica nandina, heavenly bamboo 1 N IVephrolepis cordifolia sword fern l N, C, S Nephrolepis multi(lora Asian sword fern 1 C, S Neyraudia reynaudiana Burma reed; cane grass I N S Paederia cruddmiana sewer vine, onion vine I N S Paederia (oetida skunk vine I N N, C, S Panicum repens torpedo grass I N, C, S Pcnnisetum purpureum _ Napier grass ] C, S Pistia stratiotes waterlettuce Psidium catileianum (=P. iittorale) strawberry guava Psidium�uajava .___ ___ . _ ___ guava _ _ Pucraria montana (=P. lobata) kudzu Rhodomyrtus tomentosa downy rose -myrtle Rhoeo spathacea (See Tradescantia spx4Fc a) Rucllia brittoniana Mexican Petunia (may also be reFerred to as R tweediana) 1 l I I _ I 1 P ---------- _ N, U N - --- N, C, S C, S _C, S N, C, S C, S --------- ---- N, C, S Sqium scbji cram popcorn tree, Chinese tallow tree I N _ N, C, S Scaevola sericea scaevola, half -flower, beach naupaka (=Suwvola taccada vac sm. cea, S. ftutescros) I C, S Schefflcra actinophylla (=$rassaia actinophylla) sehefflera, Queensland umbrella tree I C, S Schinus w6inthi(olius Brazilian pepper 1 P, N N, C, S Senna pendu[a (--Cassia rnluteoidcs) ------------- Solanum tanipicense (=S. houstonii) climbing cassia, Christmas cassia, Christmas senna wetland night shade, aduatic soda apple I I N, U C, S C, S Solarium riarurn tropical soda apple 1 N, U N, C, S Syngonium podophylium _ arrowhead vine I _ _u C, S Syzygium cumini _ — jambolan, Java plum I C, S Tectaria incisa incised halberd fern l S 71 spesia populnca _— seaside mahoe I C, S Tradescantia flumincnsis Tradescantia spathacca (= Rhoco spathacca, Rhoco discolor) white -flowered wandering jew _ oyster plant I l N, C S Urochloa mutica Parfi grass l C, S (=Brachiar'ia mtuica) FLEPPC 2003 Invasive Species List - Wildland Weeds - Fall 2003 Florida Exotic Pest Plant Council's 2003 List of Invasive Species CATEGORY 11- Invasive exotics that have increased in abundance or frequency but have not yet altered Florida plant communities to the extent shown by Category 1 species. These species may become ranked Category 1, if ecological damage is demonstrated. Scientific Name Common Name EPP_C-Cat. Gov. list Reg.Dist. Adenanthera pavonina red sandalwood II S Agave sisalana sisal hemp ll _ _ C, S _ Aleurites /ordii (= *micia fordii) rung oil tree II N, C Alstonia macrophyila devil -tree 11 S Alternanthera philoxemides alligator weed II P N, C, S Antigonon leptopus _ _ _ coral vine_ II _ N, C, S Aristolochia Iittoralis calico flower II N, C Asystasia gangetica Ganges primrose II C, S Begonia cucullata _ wax begonia II _ N, C Broussonetia pap}ri era -- paaper_mulberry -- Il — -- ------ N, C — Callisia agrans _ inch plan t,_spironema _ll C, S _ Casuarina cunnin&Tutna Australian pine lI P C, S Cerro is palmata trumpet tree _ II S Cestrrun diurnum -__- _ --- day iessamine li C, S Chamaedvrea sei ri2ii -- -- Cr)ytostegia madagascariensis _ bamboo palm - --- rubber vine II — --_ if -- -- - S — C, S Cyperus involucratus (C:. altemifolius misapplied) umbrella plant Il C, S Cyperus prolifer dwarf papyrus 11 C A Dalbergia sissoo Indian rosewood, sissoo 11 C, S Elaeagnus pungens thorny eleagnus Il N, C Epipremnum pinnatum cat Aurrum pothos 11 C S Ficus altissima false banyan, council tree 11 S Flacourtia indica governor's plum lI S Hemarthria altissima limpo grass ll C, S Hibiscus tiliaceus mahoe, sea hibiscus 11 C, S 1pomoea frstulosa (= L rarnea ssp jistulosa) shrub morning-glory 11 P C, S Jasminum sambac Arabian jasmine II S Kalanchoe pinnata life plant II C S Koebruteria elegans flamegold tree 11 C, S Leucaena leucocepleata lead tree 11 _ _ N C S_ Limnophila sessiliflora Asian marshweed_ Il P N, C, S Livistona chinensis Chinese fan palm II C, S Mencmia tuberosa wood -rose II S Murraya paniculata _ orange: jessamine Il S MyHoph_yllum spicatum Eurasian water-miltoil 11 _ P N, C, S Nymphoides cristata snowflake 11 C, S Panicum maximum Guinea grass 11 C. S Passi ora biflora twin -flowered passion vine ll S Pennisetum setaccum green fountain brass Phoenix reclinata Senegal date palm II —_-- 11 C. S Phyllostachys aurra golden bamboo II N, C Pteris vittata Chinese brake fern It N, C, S FLEPPC 20031nvasive Species List— Wildland Weeds — Fall 2003 Category 11 continued PtYchosperma clegans solitary palm _ Il _ Rhmchelytrum reRens NataI all--- Rianus communis castor bean 11 N,C,S Sansevferia hyacinthoides bowstring hemp 11 C, S Sesbania punicca purple sesban, rattlebox 11 N_, C, S Solanum dN h 'Alum_ __ _ _ twinleaf nightshade 11 _ _ �N, C, S Solanum jamaicense Jamaica nightshade 11 C Solanum torvum susumber, turkey berry 11 N, U N, C, S Syagrus mmanzoffuana queen palm 11 C, S (= Arer"rum romanzoff ptum) Syggium jambos rose -apple li C, S Terminalia catappa tropical almond 11 C, S Terminalia muelleri Australian almond U C, S Tribulus cistoides puncture vine, bur -nut II N. C, S Urena lobata Caesar's weed 11 N, C, S Wedelia trilobata wedel'ta ll N, C, S Wisteria sinensis Chinese wisteria II N, C Xanthosoma saxitti olium malanga, elephant ear [I r _ _ _ N, C, S_ DEFINITIONS: Fxotic—a species introduced to Florida, purposefully or accidentally, from a natural range outside of Florida. Native --a species whose- natural range included Florida at the time of European contact (1500 AD). Naturalized erotic —an exotic that sm- ains itself outside cultivation (it is still exotic; it has not "becomC" native). Invasive exotic —an exotic that not only has naturalized but is expanding on its own in Florida plant communities. ABBREVIATIONS: for "Gov list": P = Prohibited by Florida Department of Environmental Protection, N = Noxious weed listed by Florida Department of Agriculture & Consumer Services, U - Noxious weed listed by US. Department of Agriculture. for "&Wonal Distribution": N = north, C = central, S = south, referring to each species' current distribution in general regions of Florida (not its potential range in the state). Please refer to the map. For additional information on distributions of particular species by county, visit the University of South Florida's Atlas of Florida Vascular Plants web site, www:p1an1a1Ias.usf cdu. Many of those species entries also have habit and close-up pictures of the species. Another site for south Florida plant distributions is the Institute for Regional Conservation, ,A'ww. regionalconscivai i on. org Additional images for some species may be found at the "Introduced Species" page on the University of Florida Herbarium website xywx flnmh.ujLcdit/herbarium/cnt/digitalimagin&vrojects.htm, at Fairchild Tropical Garden's Virtual Herbarium wwvzvirtuathcrbarium.org/vhpor(aLhtmi, and at the University of Florida s Center for Aquatic and Invasive Plants, ht tp:11pkmt s. ifas. rt fl. edit For additional information on plants included in this list, see related links and pages at www.flcppc.org. The 2003 list vvas prepared by the FLEPPC Plant List Committee: Keith A. Bradley Institute for Regional Conservation 22601 S.W. 152nd Ave. Miami, FL 33170 Kathy Craddock Burks (CHAIR) Bureau of Invasive Plant Management FL Dept of Environmental Protection 3800 Commonwealth Blvd., MS 705 Tallahassee, FL 32399 Nancy Craft Coile, Botanist Emeritus Division of Plant Industry FL Dept of Agriculture. and Consumer Services 22804 N.W CR-2054 Alachua, FL 32615 James G. Duquesne[ Florida Park Service. FL Dept of Environmental Protection RO. Box 487 Key Largo, FL 33037 Edward Freeman The Nature Conservancy 1413 Boulevard of the Arts Sarasota, FL 34236 David W. Hall Private Consulting Botanist 3666 N.W. 13th Place Gainesville, FL 32605 Roger L Hammer Miami -Dade Parks Department Castellow Hammock Nature Center 22301 S.W. 162nd Ave. Miami, FL 33030 Kenneth A. Langeland Center for Aquatic and invasive Plants, IFAS University of Florida 7922 N.W.71stSt Gainesville, FL 32606 Robert W. Pemberton Agricultural Research Station U.S. Department of Agriculture Z305 College Ave_ Ft. Lauderdale, FL 33314 Daniel B. Ward Department of Botany University of Florida 220 Barnam Hall Gainesville, FL 32611 Richard P. Wunderlin Institute for Systematic Botany Department of Biological Sciences University of South Florida Tampa, FL 33620 FLEPPC 2003 Invasive Species Ust - Wildland Weeds - Fall 2003 AW Appendix C Listed Species Brochures El a � o O � � � v CU O Its AC T 06 Ej , in U y Q '^'3"+ •U i O U —., U '� — C� '! O — t t./ �v O U -. .-•" U .". L LL cC O 73 '^ �+-+ O Cu �' V 'C 12 _ v _ a yi ' C tC O Q 71 u C U G Q U U C r CJ . . U L `.. �- 7A L � C � •_. '�' C O -� :i :E 3 y ` v T i^ r. J v.. '' a _ �. _ -� ':• U r O � 55 — � _ i �cr-a7 G T',� y '" .^,. --Y` :� G ~ .� � Lam. • �' = � p - C > '✓' r p c Y i c n. O> �G U cX >✓L y = u> C C o s,, ' �' � t:. 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The tylAcal burrow nest is #Ampler than the surface nests of deer mice that live aboveground. It consists Of a platform composed of leaves. Spanish moss, and Occasionally some feathers. Preyed upon by must!ummen predators in its habitat, Lire nurida Mouse is uRen st-vn with a short tail, presumably the result or a narrroaa escape from a would-be captor description A large mouse. Brownish tr above; white below. Nearly naked, large Iritidleet with 5 pares. Large ears. L 7 3118--8 314" (185--221 rnm;; T 3 1/8 -- 3 3,4" (84--95 mm); I -IF 718 - - 1 i; 8" (24 • -29 imri); Wt 7/8 --1 314 oz we (25•-49 g). No r so so How to Identify the Rare Florida Mouse Florida Mouse Nearly 8 inches long, this large mouse smells slightly like skunk. The 5 plantar tubercles on its hind feet distinguish the Florida mouse from all other mice within its range. These other, more common mice have 6 or 7 plantar tubercles. Florida mire are found in xeric uplands ,,%,here they inhabit the burrows of gopher tortoises. Photos �> pan Hipes Cotton Mouse ,71 a MI W 4-J cn CV LI I O 03 ol sr U cl E cn U .S; cz O un .S; U r U cr U .SG cl O O an �o U •3 � -b 1 '. vi � ( cs to p > b 'd cd U 'r H 3 +' .-; U U r O ce, cn �+ U O U tj) "COS cl O ', O bA ^" O V to U U > U •'O O O cl cz an c3 U U ' � U an O O cd C.j U «r. N 'U U 7 � U U o d U O C1, 00 m O bjD y-+ cl M cr V3 cl O c0 O� cd r- x U � � r�•y � U • U "C3 c3 v � cUj c3 vi b C14 v: cl l cz� U U ..a > U � .� sue. •��, > C, U .� � U •� ice. � o = .x o v a, v U c3 s^ L cl U cl 03 V cn .0 p o _O U Ln tn zcl O U O p cl Ll. `n .O p V In cd U sw cl, 73 �r U U U cn rr Fr c� 71� En 'C 'C) O Ln U O cn c' '.2 E O 4. OU ✓� L 0 O U 0 o 0 0- b U v *+ s r- o > p 3 b O � U � C• ••O � _� U S✓ . � O RS 'x p 3 E 3 o 0 p 9. CsD O �] U U «3 r O cn un O Ri U r� c3 c3 'C3 •� v� • � O cz 4�r cl cUs O an U _U S: C's ct O ... cu U �+ CIS .� an v O c�C U OU Ln cn .0 3 U > U �, Ln C. ul U LO U ..s~ ob C., cl U ^, cs cz v� En E cz 0 Ln vi an LA U r � 'O an � O cz ~ cz b4 U an U >> U cl O � � U C;3 vs U U � .r^. O O 3 � o U 3 � O U � � o ;r T a T a nimals of The Florida Scrub gopher frog Rana capito • "' l Gopher frogs spend their days in the cool protection of gopher tortoise burrows. They venture out at night to '= hunt insects. In the springtime gopher frogs migrate up to a mile to isolated ponds where they sing, mate and lay eggs. Their breeding song is a resonant snore that can be heard for a mile on calm, rainy nights. When gopher frog tadpoles transform into little froglets they must leave the pond and find a tortoise burrow. Captured outside the safety of his adopted burrow, this gopher frog would like the world o go away! (Actually, this head -hiding behavior is probably a defensive response to protect the head and make itself harder to swallow.) The thich ate of Florida lists the gopher frog as a Species of Special Concern, is not quite as vulnerable as Threatened, and even less vulnerable than Endangered. If you approach a gopher tortoise burrow quietly and uickly peek into the opening, you can sometimes catch a glimpse of a 01gopher frog perched near the burrow entrance. BACK NEXT rr�u 13 of 14 "act ' Return to The Florida Scrub apyright1997-2001 kuida�com L.C. I I I I Agenda Request Item Number Date: Consent Regular Public Hearing Leg- [ ] 5-D 02/21/06 [ l [X] Quasi -JD [ X ] To: Board of County Commissioners Presented By Submitted By: Growth Management A�� Growth Management Director SUBJECT: Consider Draft Resolution 06-010 granting a Change in Zoning from the RS-2 (Residential, Single -Family — 2 du/ac) Zoning District to the AG-1 (Agricultural —1 du/ac) Zoning District for property located on the west side of Jenkins Road, approximately % mile north of Graham Road. BACKGROUND: The Petitioner, Odom's Orchids, Inc., has requested a Change in Zoning from the RS- 2 (Residential, Single -Family — 2 du/ac) Zoning District to the AG-1 (Agricultural — 1 du/ac) Zoning District for property located on the west side of Jenkins Road, approximately % mile north of Graham Road. (File No: RZ-05-026) FUNDS AVAILABLE: N/A PREVIOUS ACTION: At the January 19, 2006, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 7 to 0, with two members (Mr. Lounds and Ms. Hammer) absent, recommended approval of the requested change in zoning. RECOMMENDATION: Deny Draft Resolution 06-010, for a Change in Zoning from the RS-2 (Residential, Single -Family - 2 du/ac) Zoning District to the AG-1 (Agricultural — du/ac) Zoning District. Staff recommends a change in zoning to the AR-1 (Agricultural, Residential — 1 du/ac) Zoning District. COMMISSION ACTION: APPROVED DENIED = OTHER Coordination/ Signatures County Attorney Mgt. & Budget: Originating Dept.: Environmental Res. Div.: Finance: Approved 5-0 Motion AG1 zoning instead of staff recommendation of R1. CO RRENCE: ouglas M. Anderson County Administrator Purchasing: Other: Commission Review: February 21, 2006 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners FROM: Growth Management Director DATE: February 15, 2006 SUBJECT: Application of Odom's Orchids, Inc., for a Change in Zoning from the RS-2 (Residential, Single -Family — 2 du/ac) Zoning District to the AG-1 (Agricultural —1 du/ac) Zoning District. LOCATION: The subject parcel is located on the west side of Jenkins Road, approximately % mile north of Graham Road. EXISTING ZONING: RS-2 (Residential, Single -Family — 2 du/ac) PROPOSED ZONING: AGA (Agricultural —1 du/ac) FUTURE LAND USE: RU (Residential Urban) PARCEL SIZE: 23.07 acres PROPOSED USE: The purpose of the requested change in zoning is to allow for the expansion of an existing plant nursery operation. PERMITTED USES: Attachment "A" Section 3.01.03(A), (AG-1 (Agricultural -1) and Section 3.01.03(E), (AR-1 (Agricultural. Residential —1 du/ac) identify the designated uses, which are permitted by right, permitted as accessory uses, or permitted through the conditional use process. 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. SURROUNDING ZONING: The subject properties are not all contiguous. The southernmost parcel is adjacent to AGA (Agricultural — 1 du/ac) to the north and south, RS-2 (Residential, Single - Family - 2 du/ac) to the west and PUD (Planned Unit Development) to the east. The remaining four parcels are contiguous to each other. The adjacent zoning to the north and west is RS-2 (Residential, Single -Family - 2 du/ac), to February 15, 2006 Subject: Odom's Orchids Page 2 File No.: RZ-05-026 the south is AG-1 (Agricultural —1 du/ac) and to the east is PUD (Planned Unit Development). SURROUNDING LAND USES: The existing uses to the west, north, and south are large lot residential. Although property to the east is currently vacant, there is an approved residential development known as Celebration Pointe proposed for this site. The Future Land Use Designation of the surrounding area is RU (Residential Urban) to the north, south, and west. To the east is RM (Residential Medium). FIRE/EMS PROTECTION: Station #1 (2400 Rhode Island Avenue) is located approximately 3 miles to the east. UTILITY SERVICE: The subject properties are located within the service area of Fort Pierce Utilities Authority. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width of Jenkins Road is approximately 60 feet wide. SCHEDULED IMPROVEMENTS: None scheduled. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit, STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Board of County Commissioners shall consider and make the following determinations: 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 technically consistent with the St. Lucie County Land Development Code and has met the standards of 11.06.03, however, staff recommends a change to AR-1 (Agricultural, Residential — 1 du/ac), which is consistent, and is more appropriate. February 15, 2006 Subject: Odom's Orchids Page 3 File No.: RZ-05-026 2. Whether the proposed amendment is consistent with all elements of the St Lucie County Comprehensive Plan; The subject property is located within an area designated as RU (Residential Urban) on the Future Land Use Map. The rezone request is technically consistent with the RU (Residential Urban) Future Land Use classification. However, the RU Land Use as described in the Comprehensive Plan, is to be served with central water and wastewater to allow future development with single family or surrounding multi -family zoning. Therefore, AR-1 is the preferred choice. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The AG-1 (Agricultural —1 du/ac) Zoning District is technically consistent with the existing land use, and residential and agricultural character of the surrounding area. There are, however, several proposed residential developments in this area including Celebration Pointe located directly to the east and containing 755 units. Whispering Oaks is a proposed 376 unit development located to the north of Celebration Pointe. Although the applicant's intended purpose of developing the property with a plant nursery is consistent with the existing residential and agricultural character of the area, the AGA Zoning District allows for a variety of commercial agricultural uses, which may not be compatible with residential development. 4. Whether there have been changed conditions that require an amendment; The area is developing as primarily residential and is in compliance with the RU Land Use. This existing plant nursery operation must obtain a zoning designation that allows agricultural operations in order to expand its business. 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. Any development will need to demonstrate that there are adequate public facilities in the area to support such development. February 15, 2006 Subject: Odom's Orchids Page 4 File No.: RZ-05-026 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 significant adverse impacts on the natural environment. Previous use of the property was agricultural. Both AGA and AR-1 Zoning Districts will lower the allowable density of any residential development. Any future development of the site will be required to comply with all state and local environmental regulations. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; Although the applicant's intended purpose to develop the property with a plant nursery is technically compatible with the surrounding area, the AG-1 Zoning District allows for a variety of other types of productive agricultural uses that may be less compatible with the proposed residential development and evolving character of the area. The ARA Zoning District would allow the applicant's immediate proposed use with a Conditional Use permit, while providing better uses for the long range. 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; Although the applicant is proposing to develop the property with a plant nursery, the proposed AG-1 Zoning District allows for a variety of agricultural uses such as livestock and animal production, kennels and other productive commercial agriculture uses as listed in Section 3.01.03(A)(2). These uses may not be compatible with the proposed residential developments in the area. COMMENTS The petitioner, Odom's Orchids, Inc., has requested this change in zoning from the RS-2 (Residential, Single -Family - 2 du/ac) Zoning District to the AGA (Agricultural -1 du/ac) Zoning District for property located on the west side of Jenkins Road, approximately % mile north of Graham Road. The intended purpose of the rezoning is to allow for the expansion of existing plant nursery operations on adjacent property. The subject parcels, collectively are approximately 23.07 acres in area. The existing uses in the area to the west, north, and south are large lot residential. To the east is currently vacant, however, a residential development, known as Celebration Pointe consisting of 755 units, is proposed for the site. To the north of Celebration Pointe, is a proposed residential development, Whispering Oaks, consisting of 376 units. The proposed rezoning and intended purpose is consistent with the surrounding uses and the RU (Residential Urban) Future Land Use designation. February 15, 2006 Subject: Odom's Orchids Page 5 File No.: RZ-05-026 The subject property is located in an area which is generally used for residential and limited agricultural uses. Even though the property is located within the urban service boundary and the Comprehensive Plan discourages the location of Agricultural zoning in the urban service boundary, several properties in the area were rezoned to the AG-1 Zoning District in the early 90's. While these rezonings were determined to be consistent with the existing development patterns of the area at that time, they are not entirely consistent with the Comprehensive Plan designations for the future use of the area. Several recent rezonings in the area have been to the AR-1 (Agricultural, Residential —1 du/ac) Zoning District. Staff believes that the AR-1 (Agricultural, Residential - 1 du/ac) Zoning District may be a more compatible zoning district designation for the subject property based upon the changing character of the area. If a change in zoning to AR-1 is approved, the petitioner would be required to apply for and have approved a conditional use permit to allow the operation of a plant nursery. This would be consistent with past Board actions. Attached are copies of Section 3.01.03(A) — AGA (Agricultural — 1 du/ac) and Section 3.01.03(E) — AR-1 (Agricultural, Residential - 1 du/ac) of the St. Lucie County Land Development Code, which delineate the permitted, accessory, and conditional uses allowed in these zoning districts. At the January 19, 2006 public hearing on this matter, the St. Lucie Planning and Zoning Commission, by a vote of 7 to 0, recommended approval of the application as requested from RS-2 to AG-1. Staff has reviewed this petition and determined that it generally conforms to the standards of review as set forth in the St. Lucie County Land Development Code and is not directly in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. However, staff believes that the AR-1 (Agricultural, Residential - 1 du/ac) Zoning District is a more compatible zoning district designation for the subject property and surrounding area. Staff recommends denial of Draft Resolution 06-010 as presented and recommends that a change in zoning to the AR-1 Zoning District be approved. Please contact this office if you have any questions. SUBMITTED: Bob Nix, AICP Growth Management Director WC cc: Dennis Murphy, Culpepper & Terpening File 1 1 RESOLUTION 06-010 2 FILE NO.: RZ-05-026 3 4 5 A RESOLUTION GRANTING A CHANGE IN ZONING FROM 6 THE RS-2 (RESIDENTIAL, SINGLE-FAMILY - 2 DU/ACRE) 7 ZONING DISTRICT TO THE AG-1 (AGRICULTURAL - 1 8 DU/ACRE) ZONING DISTRICT OF CERTAIN PROPERTY IN 9 ST. LUCIE COUNTY, FLORIDA 10 11 12 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the 13 testimony and evidence, including, but not limited to the staff report, has made the following 14 determinations: 15 16 1. Odom's Orchids. Inc. presented a petition for a change in zoning from the RS-2 17 (Residential, Single -Family — 2 du/ac) Zoning District to the AG-1 (Agricultural -1 du/ac) 18 Zoning District for the property depicted on the attached maps as Exhibit "A" and 19 described below. 20 21 2. On January 19, 2005, the St. Lucie County Planning and Zoning Commission held a 22 public hearing on the petition, after publishing notice at least 10 days prior to the hearing 23 and notifying by mail all owners of property within 500 feet of the subject property, and 24 recommended that the Board of County Commissioners approve a change in zoning 25 from the RS-2 (Residential, Single -Family - 2 du/ac) Zoning District to the AG-1 26 (Agricultural —1 du/ac) Zoning District. 27 28 3. On February 21, 2006, this Board held a public hearing on the petition, after publishing 29 notice at least 10 days prior to the hearing and notifying by mail all owners of property 30 within 500 feet of the subject property. 31 32 4. The proposed change in zoning has satisfied the requirements of Section 11.06.03 of 33 the St. Lucie County Land Development Code and is consistent with the goals, 34 objectives, and policies of the St. Lucie County Comprehensive Plan. 35 36 5. The proposed change in zoning is consistent with the existing and proposed use of 37 property in the surrounding area. 38 39 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie 40 County, Florida: 41 42 A. The proposed Change in the Zoning District Classification from the RS-2 (Residential, 43 Single -Family - 2 du/ac) Zoning District to the AG-1 (Agricultural — 1 du/ac) Zoning File No.: RZ-05-026 Resolution 06-010 February 21, 2006 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 District for that property depicted on the attached maps as Exhibit °A" and described as follows: 13 35 39 N 112 OF N 1/2 OF SE 114 OF NE 1/4 —LESS N 90 FT OF W 240 FT OF E 280 FT AND LESS E 40 FT AND LESS W 45 FT- (8.86 AC) (OR 2342-400) 13 35 39 N 112 OF S 1/2 OF N 112 OF SE 114 OF NE 1/4 —LESS E 40 FT AND LESS W 45 FT —(4.68 AC) (OR 2252-607; 2311-567) 13 35 39 S 1/2 OF S 1/2 OF N 112 OF SE 114 OF NE 114 - LESS E 304 FT AND LESS W 45 FT — (3.68 AC) (OR 1753-860) 13 36 39 E 304 FT OF S 112 OF S 1/2 OF N 112 OF SE 1/4 OF NE 1/4 —LESS RD R/W — (1.00AC) (OR 1753-859; 1913-2472) 13 35 39 S 1/2 OF N 112 OF S 112 OF SE 114 OF NE 114 —LESS E 40 FT RD R/W-AND SUBJECT TO DRAINAGE ESMT ACROSS W 45 FT44.85 AC) (OR 1950-706). (Location: West side of Jenkins Road, approximately % mile north of Graham Road.) owned by John Odom, 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 Doug Coward XXX Vice -Chairman Chris Craft XXX Commissioner Frannie Hutchinson XXX Commissioner Paula A. Lewis XXX Commissioner Joseph E. Smith XXX PASSED AND DULY ADOPTED This 21st Day of February, 2006. File No.: RZ-05-026 February 21, 2006 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Resolution 06-010 Page 2 BY ATTEST: Deputy Clerk we File Name: Odom's Orchids File No.: RZ-05-026 February 21, 2006 Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Resolution 06-010 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-05-026 February 21, 2006 Resolution 06-010 Page 4 U C /qunoo 99gogo99Mo LO 0 0 a c 0 0 U A petition of Odom's Oru lids, Inc. for a Change in -oning Designation from RS-2 (Residential, Single Family - 2 du/ac) to AG-1 (Agricultural - 1 du/ac). RZ 05-026 i w z z w NSLRWMD GRAHAM RD ® Subject property ;T City of Ft. Pierce 0 z Y z w Canal No. 36 §r—t/i MamWement Department Map prepared November 14, 2005 N A Zoning UUM Odom's Orchids, Inc. RS-2 AG-1 -1 leff 0 cc U) Z Y Z W N PUD Canal No. 36 RM-5 GRAHAM RD RZ 05-026 City of Ft. Pierce _ !YvwaManaw., Depaslment ® Subject property Map prepared November 14, 2005 H Oaorn's Orchids, Inc. Land Use 0 F-: w Z .Z W m RM RU Z --------------- Y Z W F wl NSLRWMD Canal No. 36 � RU C CDRM W Uall W z CC W Z GRAHAM RD RZ 05-026 `: City of Ft. Pierce Ca� N ® Subject property y'r~tkf Manggement Department Map prepared November 14, 2005 D d o m's a 3.01.03 ZONING DISTRICTS A. 1. Q 3. 4. 5. A M AG-1 AGRICULTURAL - 1 Purpose The purpose of this district is to provide and protect 'an environment suitable for productive commercial agriculture, together with such other uses as may bp.pecessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one (1) dwelling unit per gross acre. The number in 00" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this Code. Permitted Uses a. Agricultural production - crops (ol) b. Agricultural production - livestock & animal specialties (M C. Agricultural services (W) d. Family day care homes. (999) e. Family residential homes provided that such homes shall not be located'within a radius of one thousand (1,000) feet of another.existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (99"9) f. Fishing, hunting & trapping (og) g. Forestry (oe) h. Kennels. (om) I. Research Facilities, Noncommercial (8733) j. Riding stables. (7999) k. Single-family detached dwellings. (999) Lot Size Requirements Lot size requirements shall be in accordance with Table 1 in Section 7.04.00. Dimensional Regulations Dimensional requirements shall be in accordance with Table 1 in 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 a. Agricultural labor housing. m!)) b. Aircraft storage and equipment maintenance. (45e/) C. Airports and flying, landing, and takeoff fields. (4591) SL Lucia Canty land Development code Adopted August 1.1990 3-5 Revised Through 6&h&)04 8. d. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. Pm e. Farm products warehousing and storage. (4nunn) f. Gasoline service stations. jsw) g. Industrial wastewater. disposal. (m) h. Manufacturing: (1) Agricultural chemicals cze?) (2) Foot! & kindred products tm (3) Lumber & wood products, except furniture (24) i. Mining and. quarrying of nonmetalic minerals, except fuels. p4) j. Retail trade: (1) Farm equipment and related accessories. t9m (2) Apparel & accessory stores. (s6) k. Sewage disposal subject to the requirements of Section 7.10.13. c,qm I. Telecommunication Towers - subject to the standards of Section 7.10.23 c9m M. Camps - sporting and recreational. (7m) Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, :and include the following: a. Mobile homes subject to the requirements of Section 7.10.05. b. Retail trade and wholesale trade - subordinate to the primary authorized use or activity. C. Guest house subject to the requirements of Section 7.10.04. c9n SL Ludb OXu Lana Development cod. 3-6 = Re,nsea Through OS115/04 Adoplod August 1.1990 E. AR-1 AGRICULTURAL, RESIDENTIAL -1 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(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Family day care homes. (9m 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. c> C. Single-family detached dwellings. (9" 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 (om) b. Family residential home's located within a radius of one thousand (1000) feet of another such family residential home. (m) c. Industrial wastewater disposal. mg) d. Kennels.-. completely enclosed. (mn - e. Landscaping & horticultural services mm f. Retail: (1) Fruits and Vegetables..(543) g. Riding stables. (7m) h. Veterinary services. coin i Telecommunication towers - subject to the standards of Section 7.10.23 pm 7. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Agriculture (farms and ranches accessory to single-family detached dwelling). covon St Lurie County txd Development Code Adopted August 1.19M 3 - 12 Revised Through t1M6 04 b. Animals, subject to ►ne requirements of Section 7.y0.03. c9'" C. Guest house subject to the requirements of Section 7.10.04. (M) d. Mobile Home subject to the requirements of Section 7.10.05. (m) e. Retail and wholesale trade - subordinate to the primary authorized use or activity. St Lucie County Land.Developmenl Code Adopted August 1.19W 3-13 Revised ThYD O 05J W4 Agenda item # 4 Orchids RZ-05-026 Chairman Hearn asks, when dealing with a conditional use application, when staff sends out letter to residence within 500 feet, do the letters contain the right of use of that property with the zoning change with special exception and the accessory uses so that the public will know what is going on. He continued by stating that he would like to see the above mention information included to provide for a better understanding. Planning Manager David Kelly responded to the previous question by stating no! We will review this item to see how we can better facilitate the request for all those concerned can understand the issues more clearly. Growth Management Senior Planner Wendy Clark stated that the Agenda item before you is an application that includes multiple properties under common ownership. The property is located on Jenkins road just North of Graham Road. She went on to state that the intended purpose of the zoning request was to expand an existing plant nursery operation. Currently the parcel is located in an area that is used for light agricultural uses as well as residential uses. Directly to the East is a proposed development known as Celebration point, which consist of 755 dwelling units. The area to the North, South, and West are large lot development. In the past staff has suggested that the Agricultural Residential zoning is more consistent with the current Residential Urban future land use. She went on to state that in this case it is more compatible with the development patterns in the area. She continued by stating that based on that reason previously stated staff is recommending denial of the requested AG-1 category and recommends approval for the Agricultural Residential 1 zoning. If the AR-1 zoning district is approved by the Board of County Commission a conditional use permit will be required in order to expand the plant nursery. Chairman Hearn asked if there are any questions for staff. Mr. Grande asked staff had she discussed the recommendation for a different zoning with the applicant, and have you gotten a reply to why they do not want to conform with your recommendation? Senior Planner Windy Clark responded to the previous question by stating that she had spoken to both the representative and the applicant of the request. She continued by stating that in talking to the owner it was a matter of keeping it consistent with the current zoning with their other properties in which they hold ownership, which is AG-1. Chairman Hearn asked staff whether the applicant had to have a conditional use permit if he agreed to the AR-1 zoning district. Mr. Mundt asked does the applicant live on the parcel that that is subject of the change in zoning. Chairman Hearn responds to the previous question by stating that the owner lives on the white strip on the map, between those that are being rezoned, all of which falls under common ownership for tax purposes. Chairman Hearn opens the floor to the public. Page 10 of 26 Project Manager Dennis Murphy from Culpepper and Terpening stated that he was representing the applicant Odom's Orchid petition for a change in zoning from RS-2 to AG-1 for the property listed on the Agenda Request, Item number 4 for RZ-05-026. He continued by stating that Odom's Orchid was a small family owned business that has operated in Saint Lucie County for over 30 years. He went on to state that the Odom's Orchid business was established around the same time that the County began defining zoning designation back in the 60's and 70's. At that time it was zoned Agriculture 1, which represents one unit to the acre. In 1984 the County did a Comprehensive Rezoning of the County, as a result there was a reclassifying of old terminology to reflect the new language that was being utilized at that time. The existing Odom's property was reclassified to AG-1. He went on to state that the applicant holds ownership to 3 contiguous lots that are adjacent to the one lot that they live on. Overall it represents a large block of land in the area. He continued by stating that all the surrounding properties all have AG-1 zonings for the current land use designation and that they are owned by independent owners. Chairman Hearn asked Mr. Murphy if he could repeat what he said for clarification purposes. Mr. Grande asks Mr. Murphy for clarifications on the old zoning classification. Project Manager Dennis Murphy responded to the previous question by stating that the Odom's property was previously zone AR-1 prior to 1984's countywide Comprehensive rezoning was specifically rezoned in recognition of its particular Agricultural use. The adjoining properties had residential uses at that time were defined as RS-2. In addition to that there is one lot to the North that currently has some Agricultural uses occurring on it is zoned RS-2. At this time they are interested in unifying all of the parcels up under the AG-1 zoning category over the entire property. He went on to state that over time his applicant has acquired properties from adjacent neighbors and only now are they interested in defining all of the lots under one common zoning designation in order to facilitate a uniform Horticultural operation. He continued his statement by stating that he believed that his applicant is fully in compliance with Saint Lucie county Comprehensive Plan, and that they are conforming to the development standards of the Saint Lucie County Land Development Code. He summed up his statement by stating that he had no problem with the staff's finding, which found that AG-1 was consistent with the RU future land use. Except for their final recommendation in standard 4. He stated that what has change is that the applicant has acquired the property and that they are interested in establishing a tree nursery in addition to their Orchid operation. It is a low impact operation that does wholesale base operation, and that he respectfully requests that the Board forward a request for AG-1 instead of AR-1 to the County Commission for approval. Chairman Hearn asked if there were any question for Mr. Murphy. Vice Chairman Ramon Trias ask how RU land use is consistent with the AG-1 category. Project Manager Dennis Murphy responded by stating that the RU land use category under the Counties Comprehensive plan terminology means Residential Urban. He continued by stating that the category allows from 0-5 units to the acre. In the Counties land use matrix it identifies those zoning districts that are compatible with that land use designation. He went on to state that AG-1 was one of the categories that are consistent with RU future land use. He went on to say that although AG-1 is at the low end of the use spectrum. It was designed for peripheral area initially however we have seen over the years some interest in having infill encroachment of an AG or AR-1 designation , a lower density designation closer to the Urban Service Boundary. Page 11 of 26 He summed up by stating that he believed that the request designation is consistent with that, given its geographic location in the County, as well as the over all boundary of the RU and that there not in violation with the Counties Comprehensive Land Use Development Plan. Vice Chairman Ramon Trias stated thank you. Chairman Hearn stated that he thought Mrs. Caron had something to say. Mrs. Caron asked Mr. Murphy could he be more specific why the applicants are against the AR-1 designation. She said that she thought that giving them an AG-1 would open up a can of words if they wanted to relocate or sell, given the fact that an individual could at their discretion, broaden the spectrum in that it allows for an open kennel, farm animals. The AR-1 zoning designation gives them more option than they have now. She went on to state that she did not think they were giving up anything and that it was more consistent with the surrounding land use with a AR-1. Project Manager Dennis Murphy responded to the previous comment by stating that farm animals can be kept under the AR-1 zoning designations either as an accessory or as a conditional type use. He continued by stating that he primary reason for the request in zoning was that they wanted a uniform designation across all of there property. He cited that the AG-1 designation was easier to manage. He then compared the similarities in the application process. When you look at the uses we believe what we are trying to do is more suitable under the AG-1 designation than it is under the AR-1 designation. He continued by stating that a request for an AR-1 Zoning designation was more convoluted and complicated than an AG-1 and that his client hope to keep the process as simple as possible. Chairman Hearn asked Mr. Murphy if the applicant lived on the property and they were granted a AR-1 designation, would they have to go through a conditional use application process? Project Manager Dennis Murphy responded that he did not think that a conditional use would be required to expand their operations. It would depend on a couple of questions that I prefer to defer to the County Attorney for comment. Mr. Mundt stated under the AR-1 zoning designation animals are not permitted. Project Murphy responded to the previous question by stating that under the AR-1 zoning having farm animals is not a permitted use. However, when you look at the option under an accessory use Agriculture Farms and Ranchettes, and when you look at the old SIC -1 codes break down, it includes the ability to maintain animals. Mr. Mundt asks if under the AR-1 designation it would be a conditional use, would they need approval from the County Commission? Project Manager Dennis Murphy responded, not as he sees it. It would be an accessory use under the zoning. Chairman Hearn stated that under that AR-1 designation, animals would have to be housed 100 feet from the property line. Page 12 of 26 Project Manager Dennis Murphy stated that there are set back requirements for certain types of animal housing activities under the AR-1 zoning district, but there is nothing with regard to the open range for the animals and they could come up to the fence line. Chairman Hearn asked Mr. Mundt, does that answer your question? Mr. Grande stated that it seems that with AR-1 you need a conditional use to move a head and with AG-1 you do not. Is that correct? Project Manager Dennis Murphy stated that is the essence of the case. Mr. Hearn stated that it was unclear whether they would need a conditional use since they live on the property. Assistant County Attorney stated that they do need a conditional use application. Project Manager Dennis Murphy stated that is why they are insistent on their request for an AG-1 rezoning. So as to avoid the Conditional Use application process. Chairman Hearn states, is there any one from the public who would like to speak for or against the application? Mr. Charles Warden stated that he lived at1245 South Jenkins Road and that his family has owned the land since 1941. He asks if anybody in attendance was familiar with Jenkins road? Do you know what is on Jenkins road? There are animals: Horse, and Cow pastures. He continues by stating that he inherited his Grandmothers estate. He lives on one side and his uncle, who has lived there for 60 years, lives on the other side. He then stated that the Odom's have been there, and they keep their property up. Mr. Pendarvis had a nursery. He then stated that he has owned his property for over 30 years and that when you walk across it, it is like walking on carpet. He summed up his statement by saying that basically he wanted the area to stay as it was. They want to protect there property and not lose what they have. They are not interested in going in putting dog kennels or anything else like that. Chairman Hearn asked the speaker where his property was located with respect to the applicant's property. Mr. Warden stated that his property was North of the applicant property. He then stated he was in favor of the AG-1 zoning. He summed up his statement by saying that residence in the area were not interested in increasing the intensity of the land use. We are not asking to do something different we just want to keep it as it is. He thinks the area is nice and that they are not interested in seeing many houses coming in. He then indicated that he was in favor of the rezoning. Chairman Hearn asked if there was any one else who wanted to speak? John H Ward stated that he lives south of the applicant's property. He then stated that his daughter lives on small lot on Jenkins road that he gave her to build her family a home. He went on to state that his family has owned its property since 1941 and that he was from a family of eleven kids, of which he, his nephew and his father purchased the property from the rest of the eleven siblings. He summed up his statement that he was in favor of the application. In addition to that he stated that he Page 13 of 26 did not want to see homes everywhere and that to his knowledge several of the surrounding properties have been rezoned to AG-1 on Jenkins road. Mr. Grande asked the speaker was he in favor of the request as applied by the applicant. Mr. the speaker responded, yes as requested by the applicant. Chairman Hearn stated, are there any other comments from the public? He then asked Mr. Murphy if he wanted to come back to sum up his comments. Project Manager Dennis Murphy summed up his comments by stating that he respectfully requested that the Board forward a recommendation of approval for the original application request for AG-1. Chairman Hearn stated are there any further questions? Mr. Grande stated, after considering the testimony presented during the public hearing, which includes staff comments, and the standards of review as set forth in section 11: 0603, I move that the Planning and Zoning Commission recommend that the Saint Lucie County Board grant approval to the application of Odom's Orchid for a change in zoning from RS-2, Residential Single Family zoning district to the AG-1 zoning district because it is consistent with the surrounding area and poses no threat to any of the existing owners. Mrs. Caron seconded. Chairman Hearn stated that it has been and second are there any further discussions? Mrs. Caron stated that she was a consumer of the orchid that Odom's Orchid sales and that she was pleased with the flowers. She then stated that she thought it was good that they were going to expand their business. She went on to state that she was concerned that some of the new developments coming into the area may one day claim that the operation was a nuisance. Chairman Hearn ask for a roll call: Mr. Mundt — yes Mrs. Caron- yes Mr. Knapp- yes Mr. Trias- yes Mrs. Morgan- yes Mr. Grande- yes Mr. Hearn- yes Chairman Hearn stated that the petition would be forwarded to the Board of County Commission with a recommendation for approval for the AG-1 zoning district. Page 14 of 26 BOARD OF COUNTY COMMISSIONERS February 8, 2006 ST0 COUNTY %.0 E 1r L 0. R 1 .D A GROWTH MANAGEMENT In accordance with the St. Lucie County Land Development Code, you are hereby advised that Odom's Orchids, Incorporated has petitioned St. Lucie County for a Change in Zoning from the RS — 2 (Residential, Single -Family — 2 du/ac) Zoning District to the AG — 1 (Agricultural — 1 du/ac) Zoning District for the following described property: Location: West side of Jenkins Road, approximately 1/4 mile north of Graham 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 February 21, 2006, 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 strongly encourages your input and comment at public hearing of this matter before the Planning and Zoning Commission and County Commission, rather than by contact outside of the scheduled public hearing(s). We encourage you to speak at these public hearings, or provide written comments for the record. The proceedings of the Board of County Commissioners are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above -described parcel, please forward this notice to the new owner. Please call (772) 462-6455 if you have any questions, and refer to: File Number: RZ-05-026. Sincerely, $,T. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Doug Coward, Chairman JOSEPH E. SMITH, District No. 1 • DOUG COWARD, District No. 2 - PAULA A. LEWIS, District No. 3 • FRANNIE HUTCHINSON, District No. 4 - CHRI5 CRAFT, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 • Planning: (772) 462-2822 GIS/Technicol Services: (772) 462-1553 Economic Development: (772) 462-1550 Fox: (772) 462-1581 Tourist Development: (772) 462-1529 - Fax: (772) 462-2132 www.co.st-lucie.fl.us Of a E 0 Lo z N Lb � o 'o N Mn yC C. a 2a O' W a "oo a O E w O w N Od Q Q 00 N O O (O N 1- N O O O N M N M O O O N O N _O r- N _O N lfy O M N r- N I- O N M N M N Ln 0 0 O 0 M i M M IT M IT M M CD CD M M M M In M M N M M M M M M M t` 0) f` 0)� N � r-.- Cf) I,- P.- a r-- r-- 0) r.-� 0) M I.- W r- r-O N O N O N CO r-N cn O N O r- r--� m r--- r-.- O 6 M � � t` i f` i � O �cc�� M M e�}• M M e�}} M M M M ee� eOe)� M M M M M 0)�• ee}} _O M m M M M LT1 (M7 (�J M N Cl) C% cn M d ate+ J J J J J J J J J J J J J J .J J _1 J J J J J J J J J J J J J J J J J J J J V1 LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL U. LL LL LL LL LL LL LL LL LL. 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LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA FEBRUARY 21, 21106 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 applicents have requested that the St. Lucie County Board of County Com. missioners considers their following regoests: 1. Odom's Orchids, Incorporated for a Change in Zoning from the RS -2 (Residential, Single- Fami- ricu- ral d 1/ du/ac) Zoning rict DistricthfoA he following described property: 13 35 39 NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 -LESS THE NORTH 90 FEET OF THE WEST 240 FEET OF THE EAST 280 FEET AND LESS THE EAST 40 FEET AND LESS THE WEST 45 FEET. 13 35 39 NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEST 1/4 OF THE NORTHEAST 1/4 -LESS THE EAST 40 FEET AND LESS THE WEST 45 FEET; 13 35 39 SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 - LESS THE EAST 304 FEET AND LESS THE WEST 45 FEET; 13 35 39 EAST 304 FEET OF THE SOUTH 112 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 -LESS ROAD RIGHT - OF - WAY; AND, 13 35 39 SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 -LESS THE EAST 40 FEET ROAD RIGHT - OF -WAY AND SUBJECT TO DRAINAGE EASEMENT ACROSS THE WEST 45 FEET Location: West side of Jenkins Road, approxi- mately 1/4 mile north of Graham Road. 2. Paulette Gallo for a Conditional Use Permit to allow the operation of a Child Day Care Facility in the CN (Commercial, Neighborhood) Zoning Dis trict for the following described property: LAKEWOOD PARK -UNIT 12A-BLK 168 LOTS 21A AND 22A (MAP 13/12S) (OR 2403-2187). Location: 5221 Winter Garden Parkway, Lakewood Park. PUBLIC HEARINGS will be held in he Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lu- cie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on February 21, 2W6, beginning at 6:00 P.M. or as soon thereafter as possible. PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by a board, agenry, 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. BOARD OF COUNTY COMMISSIONERS 5T. LUCIE COUNTY, FLORIDA AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. 5 E DATE: February 21, 2006 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [x] CONSENT [] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Petition for Abandonment Abandon 60 feet of a deeded portion of a right-of-way known as South 7`h Street Resolution 05-425 BACKGROUND: Please see attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board continue this Public Hearing to March 21, 2006 at 6:00 p.m. or soon thereafter as possible. COMMISSION ACTION: %APPROVED [ ] DENIED [ ] OTHER Approved 5-0 Motion to continue to March 21, 2006 at 6:00 p.m. or as soon thereafter as possible. Review and Approvals [x] County Attorney: iIi [] Road and Bridge: [x] Originating Dept: -,fY I- [] Engineering: DoVs M. Anderson County Administrator [] Public Works: [ ]Purchasing: PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: February 21, 2006 SUBJECT: Public Hearing Abandon 60 feet of a portion of County right-of-way known as South 7th Street Resolution 05-425 BACKGROUND: The Property Acquisition Division received a request to abandon an unopened, un-maintained, 60 foot deeded right-of-way known as South 7th Street which is located North of Farmers Market Road, On November 8, 2005, the Board granted Permission to Advertise for a Public Hearing to be held on December 13, 2005. On December 13, 2005, staff asked for permission to continue the Public Hearing to January 24, 2006. On January 24, 2006, staff asked for permission to continue the Public Hearing to February 21, 2006 at 6:00 p.m. Public Works continues to work with the petitioner on the abandonment request. RECOMMENDATION: Staff recommends the Board continue the Public Hearing to March 21, 2006 at 6:00 p.m. or soon thereafter as possible to enable Public Works to continue to work with the property owner and the City of Fort Pierce. Respectfully submitted, Ann Riley Property Acquisition'Monager To: Submitted By: Agenda Request Board of County Commissioners Growth Management Item 6 Number Date: 02/21 /06 Consent [ ] Regular [ X ] Public [ ] Hearing Leg. [ Quasi -JD [ ] l Presented By 70 Growth Managerrient Director SUBJECT: Update on the Status of The Reserve NOPC (Notice of Proposed Change) to The Reserve DR] (Development of Regional Impact) and The Reserve Island Club - a 19,172 square foot clubhouse with a swimming pool, basketball court, and tennis court. BACKGROUND: Kolter Property Company, has applied for a NOPC for The Reserve DR] and Final Planned Unit Development site plan approval for Parcel 34E @ The Reserve (a/k/a The Island Club). FUNDS AVAILABLE: N/A PREVIOUS ACTION: On April 19, 2005, this Board continued the public hearing on The Island Club to the August 2, 2005, Board of County Commissioners meeting in order to allow the developer time to provide an alternate site for the proposed clubhouse. On March 15, 2005, this Board granted a 30 day continuation of the Island Club as requested by the applicant to April 19, 2005. On March 1, 2005, this board continued the public hearing on Island Club to March 15, 2005. RECOMMENDATION: Motion to find The Reserve Development of Regional Impact not in compliance with the adopted comprehensive plan and development order based on the staff findings and conclusions, and to direct the staff to take the actions recommended in the staffs report. Island Club cannot be approved pursuant to Section 380.06(17), Florida Statutes, until all substantial development order compliance issues are resolved. COMMISSION ACTION: APPROVED OTHER Approved 5-0 DENIED CONC RE E: u s M. Anderson County Administrator Coordination/ Signatures County Attorney Mgt. & Budget: Purchasing: Originating Dept.: Environ. Res. Other: Division: _ Finance: Road & Bridge Div.: Saint Lucie County Memo To: Board of County Commissioners �? � From: Bob Nix, Director of Growth Management iT" A Via: Doug Anderson, County Administrator CC: Date: February 15, 2006 Re: REPORT ON STATUS OF THE RESERVE DEVELOPMENT OF REGIONAL IMPACT Along with other staff, I have reviewed the issues regarding the Reserve Development of Regional Impact Island Club Development proposal, upland habitat preservation, and recreational sites for children of school age. Findings of Fact and Conclusions Regarding Compliance A. Upland Habitat Preservation 1. Issue: Exhibit C of the NOPC may fairly portray existing upland habitat on the site, but does not portray areas that have the protection required by the DRI Development Order or the NOPC. Finding: The information presented to the County with the NOPC, Resolution 04-081, as Exhibit C, Upland Habitat Preserve Areas, does identify upland areas (which is what is represented on the exhibit aerial photography/maps), but staff was unable to confirm that all of the upland areas shown on the map are protected with deed restrictions as required by the adopted DRI Development Order or with the NOPC. Conclusion: It is easy to misinterpret the aerial photographs/maps as a demonstration of compliance with the Development Order and the NOPC. Exhibit C does not demonstrate preservation of upland habitat areas, only the existence of such areas on the site. 2. Issue: The minimum required 490 acres of native upland habitat, including areas set aside to protect listed species, is not deed restricted in its entirety. Findin : Both the DRI Development Order and the latest NOPC require the preservation of upland habitat areas. The unamended DRI Development Order requires the preservation of 25% of the native upland habitat existing at the time of project approval. The requirement is amended by the NOPC to 490 acres of native upland habitat preservation (Resolution 04-81, page 14, lines 29-33). Condition number 15 of Resolution 04-081, page 14, lines 33-34 and lines 37-39 and page 15, line1 requires maintenance of upland habitat through deed restriction. Ordinance 04-81, page 15, lines 24-28 requires the developer to include in the DRI Annual Report the deed or other restrictions assuring preservation of the native upland acreage, and permanent deed restrictions protecting the native upland habitat on individual lots where habitat is preserved by preservation on individual lots (micrositing). The DRI Development Order and latest NOPC, condition 15, page 14, lines 25-31, state that native upland habitat shall be preserved in accordance with the adopted comprehensive plan for land within the jurisdiction of the County. Lines 32-33 state that the preserved upland areas subject to compliance with the adopted comprehensive plan shall be as depicted on Exhibit C, previously discussed. The County plan requires in Conservation Element Objective 8.1.8 no net loss of listed species and their habitat. The County Plan also requires in Conservation Element Policy 8.1.8.2 the use of conservation easements (among other actions) to protect endangered and threatened species and their habitats. Conservation Element Policy 8.1.8.5 requires all lands within development sites proposed as conservation and open space areas to be held in single ownership by a homeowners association or other entity that will be responsible for the long term maintenance of the conservation or open space area. With respect to micrositing as presented in the Development Order and NOPC, the County Plan also permits the use of conservation easements in connection with micrositing of buildings. Recognizing this fact, the NOPC and DRI Development Order require preservation of microsited upland areas by the use of easements and deed restrictions, as noted earlier. Staff did not find conservation easements or owners association ownership or management of all areas identified as Exhibit C. Particularly the golf courses, the Cook parcel (20 acres), the Red Cockaded Woodpecker habitat, the vacant land near 1-95 that includes commercial micrositing, the vacant land in the undeveloped northern triangle that is proposed as upland preserve in Exhibit C, and the portions of residential micrositing that exceed 25% of lot area (the minimum required by the owners association documents to be preserved) have no conservation easements or other deed restrictions identifiable to the staff at this time that require conservation. The development order, even after amendment by the NOPC, required not only protection of the Red Cockaded Woodpecker habitat area, but the maintenance of adequate on -site forage for the species. It is not clear that these requirements have been met. It is reported that the former Red Cockaded Woodpecker colony has abandoned the site. Staff has no information at this time regarding the status of the on -site Sand Hill Cranes or gopher tortoises, which were also to be preserved and protected on -site. It is not clear to the staff at this time that sufficient upland habitat has been set aside for the listed species, or that compliance with the approved species habitat management plans and applicable federal and state laws has been demonstrated Conclusion: Due to the lack of conservation easements or other acceptable deed restrictions and the lack of provisions for maintenance by the owners associations, substantial portions of the 490.4 acres shown on Exhibit C of Resolution 04-081 (NOPC) as upland habitat areas do not comply with the adopted comprehensive plan of Saint Lucie County or with the unamended Development Order, or with the latest NOPC. Staff believes the common areas open space, 186.94 acres, does comply. Staff also believes that a portion of the 194.30 acres attributed to micrositing preservation may comply, but staff has insufficient documentation at this time to make a final determination on the amount. Unless deed restricted to comply with Water Management District, US Fish and Wildlife Service or Florida Fish and Wildlife Conservation Commission requirements, the 109.16 acres attributed to the golf course areas does not comply. It is not clear at this time that any of the golf course upland areas have the required restrictions and management. Staff has investigated and found no deed restricted uplands on the golf courses so far. • Page 2 B. The Island Club 1. Issue: Does development of the Island Club site affect the potential to bring the site into compliance with upland habitat preservation requirements? Findin s: The DRI Development Order and its Resolution 04-081 (NOPC) amended version both define native upland habitat as areas exhibiting native species in all layers of canopy, understory, and ground cover that are present. Areas with native trees but planted ground cover do not qualify as native uplands (Resolution 04-081, page 15, lines 5-7). The Island Club site has been disturbed, and does not meet the definition of native upland habitat. Therefore the Island Club site cannot be counted toward native upland habitat preservation. Conclusion: Preservation of the Island Club Site would have no bearing on satisfying the developers' requirement to preserve native upland habitat. 2. Issue: Is the Island Club site an approved recreational facility site? Findings: The Board of County Commissioners approved a site plan that designated the proposed Island Club site for use as a recreational facility with its adoption of Resolution Number 03-014, recorded on April 16, 2003. Conclusion: The proposed Island Club site has received approval for recreational use. 3. Issue: Should all property owners in The Reserve developments be assessed for the costs of operation and maintenance of the Island Club? Findings: The County does not regulate the assessments that occur in condominium and owners associations. The formation and business of these associations are regulated by the State. Conclusion: The County has no authority to regulate the assessments to association members. The County's authority in dealing with land development issues is limited to the consideration of land development proposals for compliance with its adopted Comprehensive Plan and Land Development Regulations in accordance with state law. The County has already approved the Island Club site for recreational use in 2003, as previously noted. 4. Issue: Can an approval or permit be issued by the County that would allow the development of the Island Club to move forward after the date of this report? Findings: Subsection 380.06(17), Florida Statutes, states that local governments shall not issue any permits or approvals or provide any extensions of services if the developer fails to act in substantial compliance with the development order. As noted in the issues, findings and conclusions regarding native upland habitat preservation, staff believes on the basis of the presently available evidence that the developer has failed to act in substantial compliance either with the unamended development order, or the most recent NOPC amendments. Conclusion: The Board of County Commissioners, if it accepts the staffs conclusion, cannot act to approve any further development, and the County can issue no further development permits, until the developer brings the project into substantial compliance with the development order. It is not clear to staff at this time how the County's determination might affect the City's ability to issue development permits for those portions 0 Page 3 of the site that are subject to the City's DRI Development Order. Should the City annex any of the area that was originally subject to the County's DRI Development Order, state law says the County's Comprehensive Plan and Land Development Code, and DRI Development Order, would continue to apply until amended through appropriate processes. 5. Issue: Does all of the upland habitat preservation have to occur on the development site? Findin s: The unamended Development Order does not allow offsite mitigation for upland habitat preservation. The Development Order as amended by Resolution 04-081 does allow offsite mitigation for the loss or development of upland habitat on page 15, lines 8-19. Although Resolution 04-081 makes no mention of a requirement to place the offsite mitigation area in a conservation easement under single ownership and managed by an owners association or other entity, the Development Order and Resolution 04-081 require preservation of native upland habitat in accordance with the adopted County Comprehensive Plan. The adopted comprehensive plan, as noted earlier, does require deed restrictions, easements, single ownership and maintenance by an owners association or other entity, as noted earlier. Section 163.3194, Florida Statutes also prohibits the issuance of a development order that is not consistent with the adopted comprehensive plan. By statute, the comprehensive plan restrictions requiring deed restrictions, conservation easements, single ownership, management, etc. apply to any offsite preservation area. Offsite mitigation is at the rate of 1.5 acres preserved for each acre lost on the site (Ordinance 04-081, page 15, lines 16-17). The mitigation area is limited to the area within the PGA Village DRI buffer (Ordinance 04-081, page 15, lines 9-16). Conclusion: The development order amended by Ordinance 04-081 permits offsite mitigation. The effective date of the ordinance was the date of adoption, April 20, 2004. C. Recreational Sites for Children Issue: Has the developer complied with Development Order and NOPC requirements to provide recreational sites for school age children? Findings: The developer has provided swimming pools on a few sites within portions of the development that serve residents only of those subareas. Tennis courts, basketball courts, and other facilities that provide recreational opportunities for resident school age children may be proposed in connection with the Island Club. The proposed Island Club facilities may be used by school age children. It is not clear that the developer has complied with the unamended development order condition to provide at least four sites of two acres or more each to provide recreational amenities for school age children, said sites to be located for convenient use by the largest number of residents. It is also not clear from the data available to staff at this time that the developer has complied or will comply with the Ordinance 04-081 requirement to provide eight acres of land area that provides recreational opportunities for school age children and easy access to such facilities for most of the residents. It is clear that the intent of the original development order to meet a Regional Planning Council comment on this subject is not met by the development, even though the letter of the Ordinance 04-081 requirement may be met. In addition, the development order merely requires the reservation of parcels, not construction on them of recreational facilities. Prior to delivery of each parcel to the appropriate homeowners association, the developer is required to establish a fund of not less than $20,000 for the construction of the required facilities. (See Resolution 04-081, page 23, lines 21-30.) 0 Page 4 Conclusion: Based on the information presently available to staff, we are not able to determine that the developer has met, or has not met, the requirements to provide recreational facilities for school age children as stated in the development order. We are confident that the intent of the original requirement is not met. The investigation that led to this report was limited in scope to the issues herein addressed. The presentation of this report by the staff to the Board of County Commissioners does not provide evidence that The Reserve DRI is otherwise in compliance or not in compliance with the Saint Lucie County Comprehensive Plan or Land Development Code, or with the approved DRI Development Order and NOPC. Recommendations: Direct the staff to work with the Treasure Coast Regional Planning Council and the Florida Department of Community Affairs to identify their issues regarding Resolution 04-081. That resolution, amending the DRI Development Order for The Reserve DRI, has not been rendered to the state as required by Section 380.06(19), Florida Statutes. On August The staff of the Treasure Coast Regional Planning Council wrote a memorandum requesting that the County not render Ordinance 04-081 to the State Land Planning Agency. The Regional Planning Council staff reported significant issues with the proposed changes that they wish to address. A copy of the memorandum is attached for your reference. 2. Direct the staff to report back to the Board of County Commissioners on the results of discussions with the Treasure Coast Regional Planning Council and the Florida Department of Community Affairs identifying the issues with Resolution 04-081, and the staffs proposals to resolve those issues, including any necessary amendments to the resolution. Find the present conditions in The Reserve Development of Regional Impact to be not in compliance with the adopted comprehensive plan and both the latest version of the development order and the version amended by Ordinance 04-081 based on the inadequacy of upland preservation as reported by the County staff, and the loss of endangered species as documented in the Annual and Biennial Reports from the developer. Direct the staff to investigate these and any other potential compliance issues that may come to the staffs attention, and develop recommendations to resolve them. 4. Find that there is insufficient information to demonstrate compliance with the Development Order requirements regarding recreation facilities for children. Direct the staff to investigate and report findings and recommendations on this issue. 5. Direct the staff to notify the City of Port Saint Lucie and the Developer that The Reserve Development of Regional Impact is not in compliance with the Saint Lucie County adopted comprehensive plan and the DRI Development Order, and that pursuant to Section 380.06(17), Florida Statutes, no further approvals or permits shall be issued for land that is under the ownership of the developer on February 21, 2006. The letter is to request the cooperation and assistance of the City of Port St. Lucie in withholding approvals and permits for the portion of The Reserved Development of Regional Impact that lies within the city's jurisdiction, and to request the city to implement the statutory requirement that no utilities will be extended until the compliance issues are resolved. 0 Page 5 Robert Nix- 0226_001.pdf Page 1 MEMORANDUM To: Reserve DRI File From: Peter G. Merritt Date: August 12, 2005 �} Subject: Reserve DRI - NOPC On August 11, 2005 Ken Metcalf of Greenberg Traurig, P.A. visited Council offices to discuss the Reserve DRI NOPC with Council staff members, Michael Busha, Executive Director and Peter Merritt, Regional Ecologist. Mr. Metcalf reviewed documents in Council files and was provided with a summary of events related to the NOPC. Staff made the following points at the meeting: • Council records indicate that the applicant had requested an extension of the NOPC review period, but never reinitiated review of the NOPC. • Council never received all the documents necessary to properly review the NOPC application. • Staff requested the information necessary to determine compliance with development order condition 15, requiring the protection of 490 acres of native upland habitat. • Cleared uplands under the power lines, uplands protected for wetland mitigation, and areas outside the boundaries of the project should not be counted for meeting the 490 acres of uplands required under condition 15. • The 490 acres of upland preservation required in condition 15 was based on a detailed staff analysis of the project site in its pre -development condition. The Florida Land Use Map information submitted in the original Application for Development Approval contained inaccuracies and was not used as the basis of the 490 acre calculation. The 490 acres was accepted in two settlement agreements that have been issued for the Reserve DRI. • In addition to upland preservation issues, Council still has not had the opportunity to review traffic impacts related to the NOPC. • Staff noted that there appear to be significant differences between the previously approved master development plan and the one approved as a result of the NOPC. • Staff asked Mr. Metcalf for a copy of Map H, Master Development Plan, approved by St. Lucie County in Resolution No. 98-100 in 1998. Robert Nix - 0226 001.pdf Page 2 • Staff noted that St. Lucie County is expecting Council to take the lead in resolving issues related to the NOPC. • Staff recommends that St. Lucie County not render the development order until all of the NOPC issues are resolved. • Staff indicated that the best option for the applicant would be to re -open the NOPC process so that the Council can perform the required review. • Staff will recommend appeal of the development order if it is rendered to DCA without the proper review and determination of compliance. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney SUBJECT: Stop Gap Ordinance No. 06-012 BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: ITEM NO.2 DATE: February 21, 2006 REGULAR [XX] PUBLIC HEARING [] CONSENT[] PRESENTED BY: Daniel S. McIntyre RECOMMENDATION: Staff recommends that the Board grant permission to advertise Ordinance No. 06-012. COMMISSION ACTION: [ APPROVED [) DENIED [ ] OTHER: Approved 4-1 Comm. Hutchinson - No Review and and Approvals County Attorney: Management & Budget Purchasing: Originating Dept. Growth Mgmt. Dir: County E Finance: (Check for copy only, if applicable) County Administrator Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 06-256 DATE: February 13, 2006 SUBJECT: Stop Gap Ordinance No. 06-012 BACKGROUND: On August 16, 2005, the Board adopted Ordinance No. 2005-016 which provided for the postponement of certain development orders within the TVC Element boundary area for a period of 180 days from the adoption date. On February 7, 2006, the Board adopted Resolution No. 06- 038 extending the time period for Ordinance No. 2005-016 for an additional sixty (60) days until April 9, 2006. The County's Strategy and Special Projects Director, in conjunction with the Regional Planning Council staff has developed an updated schedule of the adoption of the comprehensive plan amendments and land development regulations to implement the TVC plan. A copy of the updated schedule is attached. Also attached to this memo is a copy of draft Ordinance No. 06-012 which, if adopted, would postpone the processing of applications for comprehensive plan amendments or development orders within the TVC Element Boundary (identified in the crosshatched area on the map attached as Exhibit "A") for the earlier of a period of sixty (60) days from adoption or the effective date of the comprehensive plan amendments and land development regulations related thereto. RECOMMENDATION/CONCLUSION: Staff recommends that the Board grant permission to advertise Ordinance No. 06-012. ully submi Daniel S. McI County Attorr DSM/caf Attachments W W W I W W v W h O a 0 a O 0 Q Q W Z LU U C 'O C O ti N N 0 N NN O O 00 O O O. � O O mU L +•- U O a. OE_) E•> ° O0UQ m .M Na y 0 a) 0� Q p UYcc->0 J ��:ECL<t .-0mOW -5 O ,,to, Lp E U Cl)U cl-tn Oaa O t� +r A G� � ACLU) � .�Nr-=o'0CDO t� a) d V CL M.—, > oUL��C)O �a. �UU c o�U 00 UtnF- in In J cn LU F— Q cn CL w a 1` N CD LO O Mle d'W) tO 00 00 O O E a c� 'o -° > m m 3 •� y .> r c a ti U �o p OML •cCC _. � 0,0 = •per cO c d .0 .� T o tM•> ELD 0FM cmL -O jv N=UWcMuw cm OMM Moc .3° 00.=soo •�� i Q a4- tMtM =O tMtM CL U o 4)WaCcOCC °gyp --.. c =aa m mam-a Q�3� a0 p fn•E~ " CLM M w c m m m d O Jm� N M ooca�UU)MCoUaa �_ N •o•ur- 3U LOtmv—C-4 0 C C Om mNN fl,a,L CM �N p otS H� C N a Ne- = � N ORDINANCE NO: 2006-012 AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA (THE "COUNTY"), PROVIDING POSTPONEMENT OF ISSUANCE OF CERTAIN COMPREHENSIVE PLAN AMENDMENTS AND DEVELOPMENT ORDERS WITHIN THE COUNTY CONCERNING DEVELOPMENT WHICH IS PROPOSED ON PROPERTY GENERALLY LOCATED IN THE TVC ELEMENT BOUNDARY AND AS MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A" HERETO, WHERE THOSE AMENDMENTS OR DEVELOPMENT ORDERS WOULD INCREASE DENSITIES OR INTENSITIES OF LAND USE ABOVE THAT CURRENTLY PROVIDED BY THE COUNTY LAND DEVELOPMENT REGULATIONS OR THE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR WAIVER, VESTED RIGHTS, APPEALS, EXHAUSTION OF ADMINISTRATIVE REMEDIES, APPLICABILITY, SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the St. Lucie County Board of County Commissioners (the "Board") is presently working through its consultants to implement the results of the North St. Lucie County Charette through the preparation and adoption of comprehensive plan amendments and land development regulations which, upon implementation, shall serve to further guide land use and development, so that the public health, welfare and safety is protected and the aesthetic, and environmental resources of the County are further enhanced and protected from impairment and suburban sprawl is avoided; and WHEREAS, on February 7-14, 2004, the Treasure Coast Regional Planning Council ("RPC") held a public charette to study future growth and development in North St. Lucie County; and WHEREAS, on March 17, 2004, the Board unanimously voted to engage the RPC to prepare amendments to the St. Lucie County Comprehensive Plan and the Land Development Regulations to implement the recommendations of the North County Charette Master Plan; and WHEREAS, the North St. Lucie Master Plan recommends a compact, sustainable pattern of development that preserves significant amounts of open space; and WHEREAS, on November 9, 2004, the Board entered into an Interlocal Agreement with the RPC to prepare amendments to the St. Lucie County Comprehensive Plan and the Land Development Regulations to implement the recommendations of the North St. Lucie County Charette Master Plan; and -1- WHEREAS, on March 10, 2005 the RPC submitted proposed amendments to the St. Lucie County Comprehensive Plan to the Board for processing and transmittal to the State Department of Community Affairs during the County's first round of year 2005 comprehensive plan amendments; and WHEREAS, on April 4, 2005, a public workshop with the Board, the Local Planning Agency and the RPC was held to discuss the proposed amendments; and WHEREAS, the proposed amendments were heard by the Local Planning Agency on April 21, 2005 and on October 6, 2005; and WHEREAS, the initial hearing (transmittal hearing) on the proposed amendments was held before the Board on October 17, 2005 and the Board voted to transmit the proposed amendments; and WHEREAS, on January 13, 2006, the Florida Department of Community Affairs provided Objections, Recommendations, and Comments regarding the proposed amendments; and WHEREAS, the adoption hearings before the Board on the proposed amendments will be scheduled for May, 2006; and WHEREAS, the draft land development regulations that will implement the proposed amendments were subject to a public workshop before the Board on February 7, 2006; and WHEREAS, the land development regulations that will implement the proposed amendments will be scheduled to be heard by the Board in May, 2006; and WHEREAS, the Board, on August 16, 2005, adopted Ordinance No.2005-026 which provided for the postponement for a period of 180 days from the adoption date of the issuance of certain comprehensive plan amendments and development orders within the County concerning development which is proposed on property generally located in the TVC Element; and WHEREAS, on February 7, 2006, the Board adopted Resolution No. 06-038 extending the time period for Ordinance No. 2005-016 for an additional sixty (60) days; and WHEREAS, an important element of the County's growth management strategy includes development and implementation of balanced land development regulations to manage the emerging -2- trend for extensive development activities arising within the northern part of the County that is the subject of the North County Charette Master Plan and the TVC Element; and WHEREAS, the Board desires to insure that during the pendency of the necessary study activity, presently underway, for the formulation and implementation of the necessary and appropriate plan amendments and land development regulations referenced herein, requests for processing and approval of additional plan amendments, amendments to the Official Zoning Atlas, and development orders for new development within the scope which is described herein, are postponed until the County's proposed comprehensive plan amendments, and draft land development regulations (collectively, the "Growth Management Regulations") are finalized and implemented; and WHEREAS, the County Local Planning Agency has reviewed the regulations set forth in this Ordinance and has determined that such regulations are consistent with the applicable provisions of the Comprehensive Plan of the County. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. Each of the above stated recitals is hereby adopted and confirmed. Section 2. Postponement; Applicability. A. During the time that this Ordinance is in effect, as specified in Section 7 below, no applications for comprehensive plan amendments, amendments to the Official Zoning Atlas, or development orders, as that term is defined in Section 163.3164, Fla. Stat., concerning development on any property in the County located in the TVC Element Boundary as identified in the crosshatched area on the map attached as Exhibit "A", shall be processed or issued if such comprehensive plan amendment, amendment to the Official Zoning Atlas, or development order increases the density or intensity of development that would presently be allowed under the County Comprehensive Plan and Land Development Regulations now in effect. -3- B. That notwithstanding anything to the contrary above, the postponements of this ordinance shall not apply to: any public purpose project which is required by any government entity; nor 2. any development which is protected from a change in county ordinances to the extent provided by Section 163.3233, Florida Statutes, for those statutory development agreements which have been previously entered into. Section 3. Waivers. Notwithstanding Section 2 above, an applicant for development of property within the area described as Exhibit "A" may apply to the Board for a waiver to the prohibition against processing such application. The Board shall consider such an application at a public meeting held within 45 days of receipt of the application by the County. If, at the public meeting, the applicant demonstrates to the Board's satisfaction that the application 1) will not detrimentally affect the preparation and implementation of the Growth Management Regulations; 2) will further the principles of the North County Charette Master Plan; 3) will be compatible with surrounding land uses; and 4) will not impair the public health, safety or welfare, then the Board may allow that application to be submitted, reviewed and processed concurrently with the Growth Management Regulations. In no event, however, shall a development order be issued for such application until such time as the necessary comprehensive plan amendments are in effect and the application is consistent with adopted land development regulations. Section 4. Vested Rights. (A) Nothing in this ordinance shall be construed or applied to abrogate the vested right of a property owner to complete development where the property owner demonstrates each of the following: (1) A governmental act of development approval was obtained prior to the effective date of this Ordinance; and (2) Upon which the property owner has detrimentally relied, in good faith, by making such a substantial change in position or incurring such extensive obligations and expenses; and (3) That it would be highly inequitable to deny the property owner the right to complete the development. (B) That any property owner claiming to have vested rights under this Section 4 must file an application with the Board for a vested rights determination within 30 days after the effective date of this -4- Ordinance. The application shall be accompanied by a fee of $1,500.00 and contain a sworn statement as to the basis upon which the vested rights are asserted, together with documentation required by the County Administrator and other documentary evidence supporting the claim. The Board shall hold a public hearing on the application and based upon the evidence submitted shall make a determination as to whether or not the property owner has established vested rights. To the extent that a property owner demonstrates vested rights, the prohibitions established in this Ordinance shall not be applied. Section 5. Appeals. Appeals from final decisions by the Board under Section 3 or Section 4 of this Ordinance shall be by the filing of a Petition for Certiorari in the Circuit Court of the 19th Judicial Circuit in and for St. Lucie County in accordance with the Florida Rules of Appellate Procedure for the review of the quasi-judicial rulings of local government agencies. Section 6. Exhaustion of Administrative Remedies. No property owner claiming that this Ordinance as applied constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights may pursue such claim in court unless he or she has first exhausted the administrative remedies provided in this Ordinance. Section 7. Term. The time period for the postponement of processing applications for comprehensive plan amendments or development orders imposed by this Ordinance is temporary and shall be effective for the earlier of 1) a period of sixty (60) days from adoption hereof, or 2) the effective date of the comprehensive plan amendments and land development regulations related thereto, the formulation and adoption of which shall be expeditiously pursued. The duration of the 60-day time period may be reasonably extended, if necessary, for up to an additional sixty (60) day period by Resolution of the Board. Section 8. Effective Date. This Ordinance shall be effective upon filing with the Secretary of State. After motion and second, the vote on this ordinance was as follows: Chairman Doug Coward XXX Vice Chairman Chris Craft XXX Commissioner Joseph E. Smith XXX Commissioner Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX -5- PASSED AND DULY ADOPTED this day of , 2006 ATTEST: Deputy Clerk BY: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney -6- c me ►eieiei�eee�e��eeN��.eeeee�°eeeee�eee ♦eeeeeeee;%MAeINA, eee� .. ♦eeeeeeee� r EXHIBIT ►�� , ►fie: �r m TO: Board of County Commissioners SUBMITTED BY (DEPT): Administration AGENDA REQUEST ITEM NO. 8 DATE: February 21, 2006 REGULAR [X] PUBLIC HEARING [] CONSENT[] PRESENTED BY: William Hoeffner, Grants Resource Developer SUBJECT: Prioritizing the following six federal appropriation requests. 1. $4,500,000 in FY2007 Construction General Account of the Energy and Water Development Appropriations bill for the Fort Pierce beach project. $1 million of the requested funds will be combined with funds provided in the FY 2006 supplemental appropriations bills to re -nourish Fort Pierce Beach. The remaining $3.5 million will be used to pay for half of the federal share of constructing groins south of Fort Pierce Inlet, a federal channel. This construction is expected to take place in 2008 and will allow for less frequent re-nourishments of the Fort Pierce beach. 2. $6,000,000 from the Formula and Bus Grants account of the FY 2007 Transportation, Treasury and Housing Appropriations Act to purchase seven new buses as well as help construct a new intermodal facility where the County's bus fleet can be parked and maintained. An 8- acre site located on Selvitz Road, that is owned by the County, is being considered for the location of the intermodal facility. 3. $2,700,000 in FY2007 Federal Airport Improvement Program discretionary funds to begin the construction phase of a new parallel runway at the St. Lucie County International Airport. 4. $500,000 from the General Investigations Corps of Engineers Account of the Energy and Water Development Appropriations Bill for FY 2007 to continue the beach re - nourishment feasibility study of the southernmost four miles of shoreline which abut Martin County, as well as a small amount of shoreline north of the Ft. Pierce Harbor jetty. This segment of shoreline is heavily developed and has been designated as "critically eroded" by the Florida Department of Environmental Protection. 5. $3,100,000 from the FY 2007 Economic Development Initiative Account of the Transportation, Treasury and Housing Appropriations Act for development of the Treasure Coast Research and Education Park. 6. The President has proposed $165.4 million for the Corps of Engineers to continue its work on the Everglades restoration program. The budget also proposes an additional $26.4 million in funding for the Department of Interior to continue their work on Modified Water Deliveries to Everglades National Park. This level of funding will not keep Everglades restoration on schedule r a and may slow completion of the Modified Water Delivery and Kissimmee River projects. St. Lucie County supports full funding for the Everglades restoration program in FY 2007 and requests support for $222 million in total funding for both the Corps of Engineers ($177 million) and the Department of Interior ($45 million). Furthermore, St. Lucie County supports the passing of the Water Resources Development Act in 2006. BACKGROUND: The County' s federal legislative delegation has requested the County to prioritize the above six funding requests. The above six projects have not been specified in any federal agency budget. Requests for funding for these projects must therefore be made to have the funding added to each agency's budget. Additionally, it must be requested that funding be specifically earmarked for the County's projects. Without the specific earmark, the funds will be added to an agency's discretionary funding. More detailed information regarding the three projects is provided in the attached memo. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: staff recommends that the Board, as requested by the federal legislative delegation, approve the prioritization of the above six projects for federal funding and authorize the County Administrator to submit the prioritization of projects to the legislative delegation. COMMISSION ACTION: [J"rx ED [] OTHER: [] DENIED Approved 5-0 County Administrator Review and Appr County Attorney: Management & Budget: Originating Dept: Other: Finance: (Check for Copy only, if applicable) Other: Purchasing: Effective: 5/96 1 ST. LUCIE COUNTY ADMINISTRATION MEMORANDUM To: St. Lucie County Board of County Commissioners From: William Hoeffner, Grants Resource Developer Date: February 16, 2006 Subject: Prioritization of Federal Appropriation Requests This agenda item is to request the Board to approve the prioritization of six federal appropriation requests. The six requests are the following. 1. Beach Re -Nourishment: Fort Pierce Beach The Fort Pierce beach has needed frequent re -nourishment due to the presence of the federal Fort Pierce inlet and jetty system immediately to the north of the shoreline which impedes the flow of sand south. To address this situation, the County and the Corps have partnered on a General Reevaluation Report (GRR) of this project, which is nearing completion. The GRR will alter the cost -share of the authorized project to address the effect of the jetties on Ft. Pierce beach while also proposing some sand retention structures for the area. For FY 2007, St. Lucie County requests $4,500,000 from the Construction General account of the Energy and Water Development Appropriations bill for the Fort Pierce beach project. $1 million of the requested funds will be combined with funds provided in the FY 2006 supplemental appropriations bills to renourish Fort Pierce Beach. The remaining $3.5 million will be used to pay for half of the federal share of constructing groins south of Fort Pierce Inlet, a federal channel. This construction is expected to take place in 2008 and will allow for less frequent re-nourishments of the Fort Pierce beach project, which will be a relief for all of us. 2. Transportation In July, 2005 the St. Lucie Metropolitan Planning Organization approved a major update to the FY 2005/06 — 2009/10 Transit Development Plan (TDP). The five year implementation plan identified the need for the replacement of fifty fixed and demand response buses as well as additional buses to serve fixed routes to link with the Indian River County transit system, to the Ft. Pierce Redevelopment Area, St. Lucie West, and Port St. Lucie. The TDP also recommends the "creation of multimodal transportation hubs in central Ft. Pierce and Port St. Lucie serving fixed routes, Greyhound bus service, potential Amtrak service and other transportation modes." St. Lucie County currently has a bus fleet of 42 buses that are parked at the Council on Aging office in Port St. Lucie and behind the Juvenile Court Building in Fort Pierce. The two facilities are too small for the current fleet and offer no room for transit expansion. The current facilities also offer no room for a maintenance building. Maintenance is therefore contracted to a private service which requires additional time and manpower to deliver the buses to the maintenance service facility. St. Lucie County would like to develop a centrally located intermodal facility where the buses can be parked and maintained and that will be easily accessible to Greyhound services. The building will also will provide office space for the County's transit operations and will become a Commercial Drivers License training facility which will meet a training need identified by the Treasure Coast Workforce Board. 3. Aviation A need has been identified for a new parallel runway at the St. Lucie Country International Airport. During 2006, $2,700,000 in FY 2007 Federal Airport Improvement Program (AIP) discretionary resources will be sought to begin the construction phase of this project. The Federal Aviation Administration (FAA) has previously provided about $1,500,000 for preliminary tasks related to the construction of the new runway (9L/27R), including design work and an environmental assessment. Nearly $2,000,000 in combined federal, state and local resources have already been committed to this multiyear initiative that will cost approximately $11,000,000. This is an urgent general aviation safety and community noise abatement priority as the result of increasingly congested airspace in the area and at the airport. The facility currently has two runways and an FAA tower staffed by FAA controllers. Last August, as a result of a required and positive cost/benefit analysis for the project, the FAA approved an FY 2005 AIP discretionary grant of approximately $709,000 to complete the design and other preliminary work that will permit construction to begin when resources are made available. The FAA supports this project, which is a non -controversial runway construction initiative that also has the support of various community and civic groups, state and local government officials, pilots, and airport tenants. Concurrently, the airport's other high priority aviation safety objective has been advancing and airport officials anticipate that ASR-11 radar services will be provided in the future. All necessary funding for the radar project has been won and construction for the new radar is well underway with commissioning possible sometime during FY 2007. 4. Beach Re -Nourishment: Feasibility Study The second beach project is the St. Lucie County feasibility study, which is studying the southern -most four miles of its shoreline which abut Martin County, as well as a small amount of shoreline north of the Ft. Pierce Harbor jetty. This segment of shoreline is heavily developed and has been designated as "critically eroded" by the Florida Department of Environmental Protection. More recently, the area continues to critically erode, harming upland development and environmental habitat. Beach erosion and storm damage has been exacerbated by the high frequency of hurricanes and storms along the Atlantic coastline. For the St. Lucie County feasibility study, the County requests $500,000 from the General Investigations Corps of Engineers account of the Energy and Water Development Appropriations bill for FY 2007 to continue the St. Lucie County, FL feasibility study. 5. Economic Development: Treasure Coast Research and Education Park The new Treasure Coast Research and Education Park recently expanded to include 1,600 acres and is presently home to the University of Florida Indian River Research and Education Center, the state-of-the-art USDA-ARS National Horticulture Research Laboratory, the USDA-NRCS Office, and the St. Lucie County County Cooperative Extension Service. It will also soon be home to Pure Produce, a hydroponics horticultural research company that will bring 150 new jobs to St. Lucie County and to Florida. It is our intent that this is the first of many private research companies to move to the park. St. Lucie County is currently designing the 40,543 square foot Treasure Coast Research and Education Park Office Center that will be located in the park. The Office Center will house six federal and state agencies. In addition to these uses, there will be 1,500 square foot offices to house the University of Florida, Florida Atlantic University and Indian River Community College. There will also be office/lab incubation space up to 1,000 square feet for each occupant. On the same building site, a separate 10,000 square foot service building will be constructed to house the equipment of several agencies that have committed to renting space within this building. St. Lucie County also intends to develop 20 acres of the Research Park for potential lease to research companies. The total cost to construct the Office Center is $12,436,033. The County hopes to secure half of that cost from the State. The cost of developing the twenty acres for future lease is $1.7 million, which will be utilized for design; engineering; permitting; and construction of utilities, stormwater, parking, and roadways within the 20-acre site. The County will be contributing a sizable amount of funding toward both projects. The County requests $3,100,000 from the Economic Development Initiative account of the FY 2007 Transportation, Treasury and Housing Appropriations Act to continue development of the Treasure Coast Research and Education Park. 6. Everglades: Funding and the Water Resources Development Act As you know, the President has proposed $165.4 million for the Corps of Engineers to continue its work on the Everglades restoration program. The budget also proposes an additional $26.4 million in funding for the Department of Interior to continue their work on Modified Water Deliveries to Everglades National Park. Unfortunately, this level of funding will not keep Everglades restoration on schedule and may slow completion of the Modified Water Delivery and Kissimmee River projects. St. Lucie County supports full funding for the Everglades restoration program in FY 2007 and requests support for $222 million in total funding for both the Corps of Engineers ($177 million) and the Department of Interior ($45 million). Furthermore, St. Lucie County appreciates your support in the fight to pass a Water Resources Development Act in 2006. Thank you for signing the letter to Senate Majority Leader Frist urging floor time for this vital legislation. WRDA is imperative to continuing the Everglades restoration program and also contains important authorization language for the County's beach projects. 02/17•; .^,6 FZABWARR FUND TITLE 001 001166 001172 001175 001179 001180 001257 001282 001289 001295 001298 001299 001404 001410 001814 101 101002 101003 101004 101006 101213 102 102001 104001 107001 107002 107003 107006 ill 112 115 118 120 121 122 126 130 139 140 140128 140316 140322 140327 140336 140341 150 ST. LUCIE COUNTY - BOARD WARRANT LIST #20- 11-FEB-2006 TO 17-FEB-2006 FUND SUMMARY General Fund Section 112/MPO/FHWA/Planning 05 CDBG Grant FY 05 Urban MIL Grant FY06 CSBG FY 06 US Dept Housing HUD Shelter Plus Gr TDC Planning Grant F/Y 06 FDOT Transit Services Marketing Pin FDOT Trans Buses and Infrastructure FDCA/Haz Mat FY105 FL Cultural Support Program FY05 FDCA Emergency Mgmt Prep & Assistan 05 CSBG Sup Diaster Recovery Mobile Irrigation Lab F/Y 06 Floridian Aquifer Well Monitoring N Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees FDOT 25th St. Widening Unincorporated Services Fund Drainage Maintenance MSTU Recreation Donations Fund Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology River Park I Fund River Park II Fund Sheraton Plaza Fund Paradise Park Fund The Grove Fund Blakely Subdivision Fund Indian River Estates Fund Southern Oak Estates Lighting SLC Public Transit MSTU Palm Grove Fund Port & Airport Fund Industrial Park West-EDA Purchase Fire Protection Equ. FDOT Industrial Park West Development FDOT Access Roads Ph.2 A/P IPW Rehabilitation of Taxiway E Construction of Airport Rescue & Fi Impact Fee Collections EXPENSES 872,597.23 56,262.74 6,690.70 607.80- 11,460.78 2,681.99 41.55 91500.00 9,354.71 746.15 2,718.00 8,647.96 8,841.46 708.54 103.37 8,614.40 255,022.77 353,777.43 13,713.63 116,216.47 126,651.21 53,976.27 146,930.51 9.00 2,092.57 168,119.00 75.35 14,237.55 23,303.02 2,550.58 2,774.89 589.26 520.07 718.81 175.30 79.31 1,012.44 121.46 166.54 739.42 19,558.52 12,756.96 31,960.00 17,092.52 12,425.44 6,896.00 27,673.87 2,509.66 PAGE PAYROLL 251.79 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 02/lT"/G6 FZABWARR FUND TITLE 160 183 183001 183004 184205 185006 185008 310203 315 316 382 39007 396 401 418 451 458 461 471 478 479 491 505 611 ST. LUCIE COUNTY - BOARD WARRANT LIST #20- 11-FEB-2006 TO 17-FEB-2006 FUND SUMMARY Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court FDEP Fort Pierce Shore Protection P FHFA SHIP FY05/06 FHFA Hurricane Housing Recovery FBIP River Park Marina County Building Fund County Capital Environmental Land Capital Fund Indian River Estates MSBU Lennard Road 1 - Roadway Capital Sanitary Landfill Fund Golf Course 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 Building Code Fund Health Insurance Fund Tourist Development Trust-Adv Fund Law Library GRAND TOTAL: EXPENSES 2,876.89 2,594.42 42.16 232.70 19,242.98 66.64 2,254.14 23,400.00 2,000.00 26,519.44 4,834.93 23,321.00 412.50 412,072.43 18,714.60 47,121.75 39,227.71 35,989.98 129,515.73 109.65 36,661.54 60,532.48 158,272.16 10,667.53 2,074.30 3,471,565.27 PAGE 2 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 1,914.26 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7,504.64 0.00 0.00 9,670.69 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO.C2A DATE: February 21, 2006 REGULAR[] PUBLIC HEARING [] CONSENT (X] PRESENTED BY: Daniel 5. McIntyre SUBJECT: Resolution No. 06-077 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 06-078 Extending the State of Emergency for Hurricane Jeanne BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve Resolution No. 06- 077 and Resolution No. 06-078 and authorize the Chairman to sign the Resolutions. COMMISSION ACTION: CONCWR.BENCE: �] APPROVED (] DENIED [ ] OTHER: X, Approved 5-0 oug s. Anderson Cou tv Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept. I Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 06-256 DATE: February 14, 2006 SUBJECT: Resolution No. 06-077 Extending the State of Emergency for Hurricane Frances; Resolution No. 06-078 Extending the State of Emergency for Hurricane Jeanne BACKGROUND: Attached are the following documents: 1. Draft Resolution No. 06-077 extending the state of emergency for Hurricane Frances until March 4, 2006 at 4:00 p.m. 2. Draft Resolution No. 06-078 extending the state of emergency for Hurricane Jeanne until March 5, 2006 at 7:00 a.m. RECOMMENDATION/CONCLUSION : Staff recommends that the Board approve Resolution No. 06-077 and Resolution No. 06-078 as drafted. Respectfully submitted Daniel S. Mc County Attoi DSM/caf Attachments 4 RESOLUTION NO. 06-077 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY (HURRICANE FRANCES) WHEREAS, the Board of County Commissioners has made the following determinations: 1. The Board has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The County's Public Safety Director declared a state of emergency on September 1, 2004, at 4:00 p.m. due to Hurricane Frances. 3. The effect of Hurricane Frances has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4. In order to respond to such emergency, upon this extension, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 5. Such declaration is extended for seven (7) days until March 4, 2006 at 4:00 p.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 6. This Extension of the Declaration of Emergency shall become effective February 25, 2006 at 4:00 p.m. After motion and second the vote on this resolution was as follows: Chairman Doug Coward XXX Vice Chairman Chris Craft XXX Commissioner Paula A. Lewis XXX Commissioner Joseph E. Smith XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this 21st day of February, 2006. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY I RESOLUTION NO. 06-078 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY (HURRICANE JEANNE) WHEREAS, the Board of County Commissioners has made the following determinations: 1. The Board has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The County's Public Safety Director declared a state of emergency on September 24, 2004, at 7:00 a.m. due to Hurricane Jeanne. 3. The effect of Hurricane Jeanne has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4. In order to respond to such emergency, upon this extension, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 5. Such declaration is extended for seven (7) days until March 5, 2006 at 7:00 a.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 6. This Extension of the Declaration of Emergency shall become effective February 26, 2006 at 7:00 a.m. After motion and second the vote on this resolution was as follows: Chairman Doug Coward XXX Vice Chairman Chris Craft XXX Commissioner Paula A. Lewis XXX Commissioner Joseph E. Smith XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this 21st day of February, 2006. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST ITEM NO.C2B DATE: February 21, 2006 REGULAR[] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 06-079 Extending the State of Emergency for Hurricane Wilma BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve Resolution No. 06- 079 and authorize the Chairman to sign the Resolution. COMMISSION ACTION: [)Q APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 M INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 06-257 DATE: February 14, 2006 SUBJECT: Resolution No. 06-079 Extending the State of Emergency for Hurricane Wilma BACKGROUND: Attached is a copy of draft Resolution No. 06-079 extending the state of emergency for Hurricane Wilma until March 2, 2006 at 6:00 a.m. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve Resolution No. 06-079, as drafted. D5M/caf Attachment Respectfully submitted, Daniel S. McIntyre County Attorney RESOLUTION NO. 06-079 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY (HURRICANE WILMA) WHEREAS, the Board. of County Commissioners has made the following determinations: 1. The Board has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The County's Public Safety Director declared a state of emergency on October 22, 2005, at 6:00 a.m. due to Hurricane Wilma. 3. The effect of Hurricane Wilma has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4. In order to respond to such emergency, upon this extension, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 5. Such declaration is extended for seven (7) days until March 2, 2006 at 6:00 a.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 6. This Extension of the Declaration of Emergency shall become effective February 23, 2006 at 6:00 a.m. After motion and second the vote on this resolution was as follows: Chairman Doug Coward XXX Vice Chairman Chris Craft XXX Commissioner Paula A. Lewis XXX Commissioner Joseph E. Smith XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this 21st day of February, 2006. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. C 2 C DATE: Feb. 21 , 2 0 0 6 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [X] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Contract for Sale and Purchase Paradise Park Stormwater Improvement Jacob Henry Tax ID 1433-801-0094-000/7 BACKGROUND: Please see attached Memorandum FUNDS AVAILABLE: Funds will be made available in: Paradise Park SLC Stormwater Imp. - Stormwater Management Account No. 102803-3725-561007-42511 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from Jacob Henry for the purchase price of $25,000.00, authorize the Chairman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. COMMISSION ACTION: [ APPROVED [ ] OTHER Approved 5-0 [x] County Attorney: 0&1 [x] Originating Dept: JrKL CONCURRE E: [ ] DENIED Do gla . Anderson County Administrator Review and Approvals [x] Engineering:: AAVv [x] Public Works:_ AD PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: February 21, 2006 SUBJECT: Paradise Park Stormwater Improvement Jacob Henry Parcel I.D. 1433-801-0094-000/7 BACKGROUND: St. Lucie County is planning to construct stormwater improvements to the Paradise Park neighborhood. The County selected Mr. Henry's property as one of the properties needed for a portion of a dry retention pond. Deighan Consultants prepared the appraisal in September 2005 with a value of $16,000.00. A contract was presented to Mr. Henry and he made a counter-offer for $25,000.00. Staff contacted Deighan Consultants who stated $25,000.00 is within their range of value. Public Works approved this amount and asked that the contract be presented before the Board of County Commissioners for acceptance. RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from Jacob Henry for the purchase price of $25,000.00, authorize the Chairman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. 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NOa n Noa ^ No.' R No.1 N0.5�^ m n I I I I nl _ = =I N0.5 M0.5 ^ N0.5 N0.5 2 40.3 NO_S ^ a N0.5 n N0.19 w ^ 140a 05 R �a al a NOa ''� a NOJ f0 NO• J N0.5 20 ^ NOa_ R M R 177 ^ I ^ ^I 2 / ^I n n ,10a04 ^ 9>t K n ®HO.S a I N0.5 9 2 �140.5 4 B NO.S 4 No.S fg Noa ^ , 1 1 , Ira l 2 2 2 2 PROJECT NAME: Paradise Park Stormwater Improvement Project PARCEL: Jacob Henry- Tax ID# 1433-801-0094-000/7 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this day of , 200 ,between Jacob Henry, whose mailing address is 3318 Orange Avenue Ft Pierce, -..FL 34947 hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982 hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER agrees to sell and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" together with all improvements and personal property located thereon as may hereinafter be specifically described. 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price is Sixteen Thousand and 00/100 Dollars, `* determined to be the total of the following: ($ Real Property (Land) and Buildings N/A Other Improvements upon the Land (described, if any) N/A Other (describe) N/A payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. 2. EXPENSES. PURCHASER shall pay for documentary stamps and recording fees on the Deed conveying the subject real property to PURCHASER. Processing, fees, if any, for obtaining a release, partial release orsubordination agreement upon 1 any existing mortgage shall be borne -by PURCHASER. 3. TITLE. PURCHASER shall obtain, at the PURCHASER'S expense, a commitment for title insurance from a title company of PURCHASER'S choice, certified to a date not earlier that the date hereof, showing good and marketable title thereto to be vested in the SELLER, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by SELLER at or before closing. Should PURCHASER find on examination of said title commitment that SELLER'S title is not good and marketable, PURCHASER shall notify SELLER or his attorney in writing specifying the defects and SELLER agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to PURCHASER and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at PURCHASER'S option and PURCHASER'S request, SELLER shall deliver the title in its existing condition upon compliance by PURCHASER with the terms of the contract, and in such event SELLER shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. SELLER agrees to convey title to PURCHASER by a good and sufficient statutory Warranty Deed, all real property to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by SELLER. SELLER shall make and deliverto PURCHASER a Mechanic's No -Lien Affidavit as to realty. 6. PRORATIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and charges 2 for the day of closing shall belong to and be borne by the SELLER. 7. RISK OF LOSS. SELLER assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. 8. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. 9. CLOSING. The closing shall be on or before March 28, 2006 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the PURCHASER, subject to possessory rights and mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by PURCHASER and PURCHASER shall notify SELLER in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party'because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This Contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 13. - DEFAULT. If SELLER fails to perform hereunder without fault of the PURCHASER, all monies paid hereunder shall be returned to the PURCHASER upon demand but PURCHASER shall not thereby waive any right or, remedy he may have 3 because of such default of SELLER. If PURCHASER fails to perform hereunder without fault of SELLER, all monies paid hereunder maybe retained by SELLER as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 14. DEED RESTRICTIONS. SELLER warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the PURCHASER, but no such assignment is binding upon SELLER until an executed copy thereof is delivered to the SELLER. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. ESCROW CLOSING. The cash proceeds of sale shall be held in escrow by the escrow agent for a period o f n o I onger t hat five (5) b usiness d ays t o a Ilow t he d eed t o t he PURCHASER to be recorded and the abstract of title continued, at the expense of the PURCHASER, to show title in the PURCHASER, without any intervening encumbrances or change from the date of last continuation. If there should be any change, the parties shall have the same rights as provided elsewhere herein, when SELLER is unable to make title good and marketable. 17. RECISSION. PURCHASER may rescind this contract if at the time of closing the SELLER is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. SELLER hereby warrants that existing mortgages are in good standing and SELLER further agrees to keep them in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 19. REFUSAL OF SPOUSE. 4 Failure or refusal of the wife or husband of the SELLER to execute the deed or any other required document, shall be deemed default of the SELLER. 20. OFFER TO SELL. SELLER and PURCHASER recognize and agree that bysigning this agreement first, t he S ELLER J s o ffering t o s ell t he p roperty d escribed a bove t o t he PURCHASER in accordance with the terms and conditions of this agreement. If PURCHASER shall fail to approve this agreement within sixty (60) days after SELLER signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS (a) SELLER warrants and represents that there are no leases, occupancies, or tenancies; and none will be agreed to prior to closing without PURCHASER'S consent. (b) SELLER has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property. (c) SELLER agrees with PURCHASER that from and after the date hereof and prior to closing, SELLER will not enter into any lease or agreement or any modification of any existing lease or agreement pertaining to the subject property without the written consent of PURCHASER. (d) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereof; and SELLER has received no notice of any such violation. SELLER shall deliver to PURCHASER any such notice received prior to or after closing. (e) There are no encroachments thereof. (f) All of SELLER'S representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of SELLER involving action or performance by SELLER prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, SELLER shall at its sole cost and expense defend against such claim or cause of action, and hold PURCHASER harmless therefrom, which shall include, but not be limited to, SELLER'S retaining such attorneys or other persons as may 5 be required to fulfill this indemnification. If any of the representations of SELLER contained in this paragraph are inaccurate at the present time or as of the date of closing, PURCHASER may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific performance of SELLER'S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its successors and assigns, that to the best of the SELLER'S knowledge and belief that there is no violation of Federal, State, and/or local environmental laws and/or regulations on the property. PURCHASER, at PURCHASER'S expense, shall have the right to have said items inspected, and if upon inspection such items do not meet the above representations, PURCHASER shall have the option of canceling this Agreement or PURCHASER may elect to proceed with the transaction. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. and seals. IN WITNESS WHEREOF, the parties have hereunto affixed their hands EXECUTED by SELLER this day of , 2005. s to Jacob H"T� acob Henry s as to Jacob Hen Iel STATE OF COUNTY OF The foregoing instrument was acknowledged before me this S Y da of 2005, by Jacob Henry, who is personally known to me or who has produced a drivers license issued within the last five years as ' ific -ion. y �q-My Commission Expires 1 Notary Public C � ML � tAt, ILI (Printed, Typed or Stamped hatSM,�c tEs Name of Notary Public) s;;n: rr�, �t1pEDR�Ru1R 40IN EXECUTED by PURCHASER this day of , 2005 ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK M CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS County Attorney 7 EXHIBIT "A" Lot 24, Block 4, PARADISE PARK ADDITION, according to the Plat thereof, as recorded in Plat Book 8, at Page 36, of the Public Records of St. Lucie County, Florida. 8 EXHIBIT "B" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES EXHIBIT "C" CONTRACTS, LICENSES AND AGREEMENTS 10 EXHIBIT "D" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS 11 EXHIBIT "E" POLICIES OF INSURANCE 12 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: ROAD & BRIDGE DIVISION - 4110 ITEM NO. C3-a DATE: February 21, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: JS c loo tftt OeE. Road & Bridge Manager SUBJECT: Approval of Waiver of a Traffic Impact Study for the Round Island Plantation PUD. BACKGROUND: The proposed Round Island Plantation PUD consisting of 39 units on North Hutchinson Island at the St. Lucie/Indian River County Line has requested a waiver of the requirement to submit a traffic impact study due to the size of the project. The Applicant has submitted a letter stating that Traffic Engineering Staff of Indian River County has no comments. In accordance with Section 11.02.09.4.a.3 of the St. Lucie County Land Development Code (LDC) the Development Review Committee voted on November 9, 2005 to recommend to the County Commission granting of the waiver for the submittal of a Traffic Impact Study. FUNDS ARE AVAILABLE IN: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff Recommends in accordance with Section 11.02.09.4.a.3 of the St. Lucie County Land Development Code (LDC) that the County Commission grant the request for the waiver of the required Traffic Impact Study for Round Island Plantation PUD. COMMISSION ACTION: j� APPROVED [ ] DENIED [ ] OTHER Approved 5-0 1 [V — X] CountyAttorne : [ ] Mgt. & Budget: [ ] Finance Director: (Check for copy only, if applicable) DougFa County Coordination Signatures ] Purchasing Dir.: _ ] County Engineer: naerson ministrator [ X ] Public Works Director: - [ X ] Growth Mgmt Director: PUBLIC WORKS DEPARTMENT ROAD & BRIDGE DIVISION MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS VIA: DON WEST, PUBLIC WORKS DIRECTOR FROM: J. SCOTT HERRING, ROAD & BRIDGE MANAGER f DATE: FEBRUARY 21, 2006 SUBJECT: APPROVAL OF WAIVER OF A TRAFFIC IMPACT STUDY FOR THE ROUND ISLAND PLANTATION PUD BACKGROUND: The proposed Round Island Plantation PUD consisting of 39 units on North Hutchinson Island at the St. Lucie/Indian River County Line has requested a waiver of the requirement to submit a traffic impact study due to the size of the project. The Applicant has submitted a letter stating that Traffic Engineering Staff of Indian River County has no comments. In accordance with Section 11.02.09.4.a.3 of the St. Lucie County Land Development Code (LDC) the Development Review Committee voted on November 9, 2005 to recommend to the County Commission granting of the waiver for the submittal of a Traffic Impact Study. RECOMMENDATION: Staff Recommends in accordance with Section 11.02.09.4.a.3 of the St. Lucie County Land Development Code (LDC) that the County Commission grant the request for the waiver of the required Traffic Impact Study for the Round Island Plantation PUD. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): PUBLIC WORKS DEPARTMENT (4117) ITEM NO. C3b DATE: Februar)42,12006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: Don West Public Works Director SUBJECT: : Approval from the Board of County Commissioners to accept amendment No. 04 to Agreement No. C-10282 from South Florida Water Management District for an extension of contract time to conincide with the expiration date of the FIND Interlocal Agreement for the Taylor Creek Phase 1 Dredging project. BACKGROUND: : Taylor Creek/C25 Dredging Restoration Project involves the dredging of Taylor Creek from the C-25 spillway and Ft. Pierce Farms Canal No 1 to the Indian River Lagoon Intra-coastal Waterway. The project will involve the removal of approximately 210,000 cubic yards of muck sediments to restore Taylor Creek to original design depth or hard sand bottom. The accumulation of sediments over the past 40 years represents a threat to the health of the seagrasses in the Indian River Lagoon Estuary. Once the sediments are removed, Taylor Creek will function as a silt trap to accumulate silt before it is discharged to the Indian River Lagoon. In addition, the navigation channel will be restored to its full depth to benefit the public. Phase I involved the dredging of the navigational channel between the Intra Coastal Waterway and the FEC Railroad Bridge, east of US Hwy 1. A total of 94,767 cubic yards of muck sediments was dredged from the channel. A 16 acre spoil containment area was constructed on the Port property, as part of the Phase I Project. The muck sediments were dried and hauled to the St. Lucie County Landfill for storage. Change Order # 1 extended the dredging quantity from 81,000 to 94,767 cubic yards, an increase of 13,767 cubic yards. The contract time was extended 62 additional days, to allow for the dredging, dewatering, and hauling of the additional 13,767 cubic yards of muck. Change Order # 2 provided for a pilot project to investigate land spreading a small grantity of muck sediments to enhance the drying process. The price included preparation of the drying site, spreading, and removal of the muck sediments after drying was achieved. Change Order # 3 involves payment of costs related to additional equipment and services that were provided by the contractor in the management and handling of the fine-grained muck sediments. Additional loaders, bulldozers, and excavators were required at the spoil site, and at the Landfill, to dry and load the muck material. The time required to dry the muck was increased due to the hurricanes, and the extremely wet conditions during the winter months. Additional equipment, trucking costs, and labor costs amounted to $345,000 in excess of the contract price. The Contractor implemented a method of land spreading to dry the muck before the truck hauling operations could be done. FUNDS AVAILABLE: Funds are available in Port/ Maintenance Dredging account #'s-140329-4315-546350-4657, 140800-4315-546350-4657. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval from the Board of County Commissioners to accept amendment No. 04 to Agreement No. C-10282 from South Florida Water Management District for an extension of contract time to coincide with the expiration date of the FIND Interlocal Agreement for the Taylor Creek Phase 1 Dredging project, and signature by the chairman. COMMISSION ACTION: [Xj APPROVED [ ] DENIED [] OTHER Approved 5-0 [X] County Attorney j] Project. Manager [ ] Road & Bridge CONCUR CE: Dot4lapfAnderson County Administrator [X] Mgt. &Budget 2w� ]Originating Dept. Public Works [ ] Budget & Rev. Coor. [ ] Purchasing Dept. [ ] ERD [X] Finance (Check for copy only, if applicable) SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686-8800 • FL WATS 1-800-432-2045 TDD (561) 697-2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 • www.sfwmd.gov February 1, 2006 Mr. Don West St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Dear Mr. West: Subject: Contract # C-10282-A04 IRL Taylor Creek Dredging Please find enclosed two (2) copies of the subject document. Please have them signed by an individual with signature authority on behalf of your organization. Please include documentation to demonstrate official delegation of signature authority up to the contract monetary limits. Please return both copies to my attention, along with, if applicable and not previously submitted, a Certificate of Insurance reflecting the required coverage(s). Do not date the documents, a fully signed document will be returned to you upon execution by the South Florida Water Management District (District). Note that this document is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Your cooperation and timely response will be greatly appreciated. Should there be any questions, or if you require any additional information, please contact me. Sincerely, 6�' Rupeft Giroux Contract Specialist Procurement Department rgiroux@sfwmd.gov (561) 682-2532 FAX: (561) 681-6275 RG/cam Enclosure GOVERNING BOARD EXECUTIVE OFFICE Kevin McCarty, Chair Alice J. Carlson Lennart E. Lindahl, P.E. Carol Ann Wehle, Executive Director Irela M. Bague, Vice -Chair Michael Collins Harkley R. Thornton Pamela Brooks -Thomas Nicolas J. Gutierrez, Jr., Esq. Malcolm S. Wade, Jr. ORIGINAL SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT C-10282-A04 AMENDMENT NO. 04 TO AGREEMENT NO. C-10282 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND ST. LUCIE COUNTY This AMENDMENT NO. 04, entered into on , to that AGREEMENT dated June 14, 2001, as amended on April 20, 2004, May 19, 2004, and January 12, 2005 between "the Parties," the South Florida Water Management District (DISTRICT), and St. Lucie County (COUNTY). WITNESSETH THAT: WHEREAS, the AGREEMENT may be amended with the prior written approval of the parties; and WHEREAS, the parties wish to amend the AGREEMENT in order to extend the period of performance to coincide with the expiration date of the FIND Interlocal Agreement (Project No. ICW-SFWMD-04-01); NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows: 1. The expiration date of the AGREEMENT is hereby extended by Seventy -Nine (79) days, extending the AGREEMENT term to March 1, 2006. Regardless of the actual date of execution, this AMENDMENT NO. 04 shall be effective as of December 13, 2005. 2. This AMENDMENT NO. 04 shall be at no additional cost to the DISTRICT. 3. All other terms and conditions of the AGREEMENT, as amended, remain unchanged. Amendment No. 04 to Agreement No. C- 10282 -- Page 1 of 2 . 0 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AMENDMENT NO.04 on the date first written above. SFWMD PROCUREMENT AP OVED By. Date: �. c SOUTH FLORIDA WATER MANAGEMENT DISTRICT Carrie Hill, Interim Procurement Director ST. LUCIE COUNTY Title: Amendment No. 04 to Agreement No. C- 10282 -- Page 2 of 2 06U=NT Y s i FLO RI D A- � AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ENGINEERING DIVISION 4115 ITEM NO. C- .3e. DATE: February 21, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[X] PRESENTED BY: A �"' -- Mic ael Powl , P.E. County Engin r SUBJECT: Safety Inspection of Bridges Related to Hurricane Wilma — Work Authorization No. 2 to the Professional Engineering Services Contract for Bridge Evaluation and Design with Jenkins and Charland, Inc., in the amount of $4,800.00. BACKGROUND: Please see attached memorandum. FUNDS AVAIL. Funds will be made available in 101002-4112-531000-1904 Transportation Trust - Constitutional PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of Work Authorization No. 2 to the Professional Engineering Services Contract for Bridge Evaluation and Design with Jenkins and Charland, Inc., for Safety Inspection of Bridges Related to Hurricane Wilma in the amount of $4,800.00, and signature by the Chairman. COMMISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 01/ ( x ]County Attomey ( x ]Originating Dept. Public Works.. e M. Anderson County Administrator Coor in ioN3' naturey� [ x ]Mgt. 8 Budget // [ x ]Exec. Asst. 8#4 [ x ]P"*Mgr. [ ]Other [ ]Finance Bridge Inspection Hurricane Wilma wag j&c.ag Anyone with a disability requiring accommodation to attend this meeting should contact the St Lucie County Community Services Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting_ DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer AVP DATE: February 21, 2006 SUBJECT: Safety Inspection of Bridges Related to Hurricane Wilma BACKGROUND The attached Work Authorization No. 2 to the Professional Engineering Services Contract for Bridge Evaluation and Design with Jenkins and Charland, Inc., is to provide an evaluation of five (5) bridges in St. Lucie County to determine whether adverse impacts occurred due to Hurricane Wilma. The consultant shall review their bridge reports as well as past FDOT bridge reports, record data at each bridge, and provide their professional recommendations and cost estimates concerning repairs. The total amount of this work authorization is $4,800.00. WORK AUTHORIZATION NO. 2 Engineering Services Related to Bridge Evaluation and Design CO3-12-760 Safety Inspections of Bridges Related to Hurricans Wilma Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Jenkins and Charland, Inc. (The "Engineer") dated December 2, 2003, the Engineer agrees to provide the Scope of Services described in Exhibit A for the Compensation described in Exhibit B. All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit C. IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WIT SSES: ENGINEER E / r By. Print Name: Jenkins and Charland Inc. Date: ��=/� EXHIBIT A — SCOPE OF SERVICES Date: February 2, 2006 WORK AUTHORIZATION NO.2 Engineering Services Related to Bridge Evaluation and Design CO3-12-760 Safety Inspections of Bridges Related to Hurricane Wilma SCOPE OF SERVICES SECTION I: GENERAL SCOPE STATEMENT The CONSULTANT shall provide an evaluation of 5 bridges to determine adverse impacts on the bridges caused by the hurricane Wilma (October 2005). The bridges to be evaluated under this Work Authorization are: BRIDGE NO. LOCATION 940019 CARLETON ROAD / C-24 940029 CR-605 / TAYLOR CREEK 940030 MC CARTY ROAD / 11 MILE CREEK 940037 KEENE ROAD / TAYLOR CREEK 940071 JOHNSTON ROAD / C-25 SECTION II: SPECIFIC TASKS Task 1: SITE VISITS The CONSULTANT shall perform a site visit at each of the above listed bridges to observe and record its condition in terms of possible storm damage from the hurricanes. Task 2: BRIDGE HISTORY REVIEWS The CONSULTANT shall conduct a review of past bridge FDOT reports as well as past Jenkins & Charland, Inc. bridge reports with recommendations as a basis of comparison to assist in determining whether or not bridge deficiencies are related to the Hurricane Wilma. Task 3: DATA RECORDING The CONSULTANT shall record data obtained at each bridge and provide photos showing bridge conditions. J & C Exh A — WA #2 pace 1 of 2 2/2/06 Task 4: RESULTS AND RECOMMENDATIONS The CONSULTANT shall provide a professional opinion for each bridge regarding whether or not damage occurred due to Hurricane Wilma. Additionally, the CONSULTANT shall provide conceptual recommendations concerning repairs of damages with rough budget cost estimates. J&CExhA-WA#2 page 2of2 2/2/06 EXHIBIT B — CONPENSATION Date: February 2, 2006 WORK AUTHORIZATION NO.2 Engineering Services Related to Bridge Evaluation and Design CO3-12-760 Safety Inspections of Bridges Related to Hurricane Wilma The COUNTY shall compensate the CONSULTANT for providing and performing the Tasks set forth and enumerated in EXHIBIT "A" entitled "SCOPE OF SERVICES" as follows: Task Number Task title Amount of Type of Compensation Compensation 1 Site Visits $ 1,700 LS 2 Bridge History Reviews $ 1,100 LS 3 Data Recording $ 800 LS 4 Results & Recommendations $ 1,200 LS TOTAL (Note: LS = Lump Sum) $ 4,800 EXHIBIT C - SCHEDULE Date: February 2, 2006 WORK AUTHORIZATION NO. 2 Engineering Services Related to Bridge Evaluation and Design CO3-12-760 Safety Inspections of Bridges Related to Hurricane Wilma SCHEDULE OF PERFORMANCE This Exhibit establishes times of completion for the various tasks required to perform the work set forth in Exhibit "A": Number of Calendar Task Number Task Title Days for Completion Site Visits 2 Bridge History Reviews 15115 7/21 3 Data Recording 7/21 4 Results & Recommendations 7/30 Number of calendar days to complete individual task **= Number of calendar days from Notice To Proceed to completion of individual task ftw-ww, AGENDA REQUEST ITEM NO. Cad DATE: February 21, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: p,} SUBMITTED BY (DEPT): Public Works Department 4117 o n a I d B. West, .E. Public Works Director SUBJECT: USGS contract for water quality monitoring at 5 Mile Creek. BACKGROUND: SFWMD is partnering with Martin and St. Lucie Counties to establish a Water Quality Monitoring Network throughout the Upper East Coast watershed, including the urbanized areas. In order to prioritize stormwater management efforts and water quality improvement projects, a tributary water quality monitoring network will be required. The data collected by the Water Quality Monitoring Network will also help St. Lucie County comply with National Pollutant Discharge Elimination System (NPDES) minimum control measures. The data will also aid in problem source identification and will establish a baseline for evaluating the effectiveness of water quality improvement projects. As a part of St. Lucie County's participation in the Water Quality Monitoring Network, the attached contract will continue a monitoring station at Five Mile Creek and Okeechobee Road. The attached contract is an agreement with U.S. Geodetic Survey (USGS) and St. Lucie County to share the cost of continuing the monitoring station. The contract requires a 50% match in the amount of $14,583.00. The data will be collected and analyzed by USGS, to be shared with SFWMD and St. Lucie County. FUNDS AVAIL.: Funds will be made available from the Stormwater MSTU Budget, within the NPDES Permitting Account. 102001-3725-531000-42512 PREVIOUS ACTION: September 23, 2003: BOCC approval of $50,000 in matching funds for the Water Quality Monitoring Program with SFWMD. September 14, 2004: BOCC approval of $14,860.00 in matching funds for the Water Quality Monitoring Program with USGS. RECOMMENDATION: Public Works staff is recommending approval of the attached contract with USGS in the amount of $14,583.00, for Water Quality Monitoring in the Five Mile Creek., and signature by the Chairman. COMMISSION ACTION: CONCURRE [ *APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Dag lAnderson County Administrator Coordination/Signatures [)]County Attorney [)]Mgt. & Budget 1[ ]Growth Man. [x]Originating Dept. Public Works [ ]Env. Res. Div. [ ]Road & Bridge [ ]Eng/MSBU Coor. United States Department of the Interior U.S. GEOLOGICAL SURVEY Florida Integrated Science Center for Water and Restoration Studies (FISC-WRS) 3110 SW 9"' Ave. Fort Lauderdale, Florida 33315 November 28, 2005 FL895 Mr. Don West Public Works Director St. Lucie County 2300 Virginia Ave. Fort Pierce, FL 34982 Dear Mr. Don West: This is the annual request for your concurrence with continuing the current, jointly funded data collection program between the U.S. Geological Survey and St. Lucie County. 1 want to thank you and reaffirm my support for our joint partnership to further the understanding of the complex hydrology of South Florida. The information we cooperatively develop is useful to regional managers in making the appropriate water management decisions. Unfortunately, the recent hurricane delayed mailing of the concurrence documents. Therefore, we will be sending both the concurrence form and the Joint Fund Agreement (JFA) together for your signatures. If you agree with proposed activities at the listed sites, please sign the concurrence form and the JFA and return them to me by December 13, 2005. Sincerely, Maria M. Irizarry ' Deputy Director Enclosures — Concurrence Document Joint Funding Agreement Copy to: M. Murray Reading File FISC-WRS A.O. FY'2006 Cooperative Data Collection Program Please acknowledge your approval of the proposed FY 2006 USGS/St. Lucie County program activities by signing below and returning to me by December 13, 2005. The U. S. Geological Survey welcomes the opportunity to be partners with you in defining and improving the overall understanding of the water resources of South Florida, If you have any questions, please call me at (954) 377-5902, or Mitch Murray at (954) 377-5927, Sincerely, i Maria M. Irizarry, Deputy Director, Florida Integrated Science Center - Water and Restoration Studies Summary of USGS Fiscal Year 2006 Cooperative Data Collection Program with the St. Lucie County USGS Share: Cooperator share: Program Total: FY2006 Summary of Activities FY 2006 Surface Water Total: Summary of activities: Number Activity Continuous discharge with HIF leased SL Satellite Data Collection Platform Surcharge Remote Site Surcharge $14,583 $14,583 $29,166 $29,166 USGS: $14,583 Cooperator: I, the undersigned, concur with the above described program activities. Activity Code FLO/SVCON DCP REMOTE SITE $14,583 Note: This is not an official commitment of funds, only your agency's concurrence with the activities as described. Date: Mr. Don West Public Works Director, St. Lucie County Proposed FY 2006 Hydrologic Data Collection Program Type Activity USGS ID Site Name Program cost Comp USGS Cooperator SW DCP 272524090221800 WVELnY.CANAL ABOVE S29-IaMtFr. PIERCE, FL $2,951.08 Annual S1,475.555 $1,475.526 Sw FIrIM YIN 272524060221800 FIVE MILE CANAL ABOVE S19-I4NRFr. MBRCE,PL $24,651.96 Annual SW26.100 $12,325.857 SW REMOTE SITE 272524080221800 19VEMILE CANAL ABOVE "9-1JNRFT- P1ERCE.FL S1,562.67 Annual S781.345 S781.329 Fort9g366 U.S. (Nov. tsse) Department of the Interior >Oustorrter U.S. Geological Survey A®reWWM A 06EOFL208011 Joint Funding Agreement PMOd # 6-2080-00100 FIN / 59-6000835 fixed Cost ` For 0002X Default X Yes No�[ WATER RESOURCES INVESTIGATIONS THIS AGREEMENT is entered into as of the 01 day of October, 2005 by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and ST. LUCIE COUNTY, party of the second part. 1.The parties hereto agree that subject to availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation AN INVESTIGATION OF WATER RESOURCES herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50; and 43 USC 50b. 2.The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(a) includes In -Kind Services in the amount of $0.00. (a) $14,583.00 by the party of the first part during the period October 01, 2005 to September 30, 2006 (b) $14,583.00 by the party of the second part during the period October 01, 2005 to September 30, 2006 (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (d) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3-The costs of this program may be paid by either parry in conformity with the laws and regulations respectively governing each party. 4.The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5.The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the parry of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6.During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7.The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8.The maps, records, or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records, or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records, or reports published by either party shall contain a statement of the cooperative relations between the parties. 9.USGS will issue bills using Department of the Interior Bill for Collection (form DI-1040). Billing will be rendered QUARTERLY. 100 Percent of the final scheduled payment will be billed upon delivery of the final product. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General Fite B-212222, August 23,1983). .. r r+.................. ......., Form 9d366 U.S. Department of the Interior ustomer g FL095 8011 (Nov.1998) U.S. Geological Survey rests 20�1I 00 Joint Funding Agreement IN a 5s-s000835 Faed Cost OOt�X Default X Yss. No I For .__.._._..._._.. WATER RESOURCES INVESTIGATIONS THIS AGREEMENT is entered into as of the 01 day of October, 2005 by the U.S. GEOLOGICAL SURVEY, , UNITED the second part. STATES DEPARTMENT OF THE INTERIOR, party of the first part, and ST. LUCIE COUNTY, party 1.The parties hereto agree that subject to availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation AN INVESTIGATION OF WATER RESOURCES herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50; and 43 USC 50b. 2.The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(a) includes In -Kind Services in the amount of $0.00. (a) $14,583.00 by the party of the first part during the period October 01, 2005 to September 30, 2006 (b) $14,583.00 by the parry of the second part during the period October 01, 2005 to September 30, 2006 (c) Additional or reduced amounts by each orduring the anperiod ttor succeeding periods as may be determined by mutual agreement and set forthin an exchange letters between the parties. (d) The performance period may be changed by mutual agreement and set forth in an exchange of letters between tfie patma 3.The costs of this program may be paid by either parry in conformity with the laws and regulations respectively governing each party. 4.The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5.The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the parry of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6.During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 73he original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8.The maps, records, or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records, or reports normally will be published by the party of the first part. However, the party of rm the second part reserves the right to publish the results of this program and, it already published by the party of the first part shall, upon request, be furnished by the party of the first part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records, or reports published by either party shall contain a statement of the cooperative relations between the parties. 9.USGS will issue bills using Department of the Interior Bill for Collection (form DI.1040). Billing will be rendered QUARTERLY. 100 Percent of the final scheduled payment will be billed upon delivery of the final product. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B-212222, August 23,1983). __.- ....... _._...... _....... -.......... ___-.......... � Form 9-0365 U.S. Department of the Interior ustomer # FL095 t (Nov. 1"8) U.S. Geological Survey olea"ts.2o E000FoL2D800 of j ; E Joint Funding Agreement IN # 5"000835 Cost 0002X DefauR X Yes No For WATER RESOURCES INVESTIGATIONS THIS AGREEMENT is entered into as of the 01 day of October, 2005 by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and ST. LUCIE COUNTY, party of the second part. 13he parties hereto agree that subject to availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation AN INVESTIGATION OF WATER RESOURCES herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50; and 43 USC 50b. 2.The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(a) includes In-IQnd Services in the amount of $0.00. (a) $14,583.00 by the party of the first part during the period October 01, 2005 to September 30, 2006 (b) $14,583.00 by the party of the second part during the period October 01, 2005 to September 30, 2006 (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (d) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3.The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4.The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part 5.The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement 6.During the course of this program, all field and analytical worts of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7.The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8.The maps, records, or reports resulting from this program shall be made available thefirspublic p r�Hs promptly , the party of possible. The maps, records, or reports normally will be published by the party the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be fumished by the party of the first part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records, or reports published by either party shall contain a statement of the cooperative relations between the parties. 9.USGS will issue bills using Department of the Interior gill for Collection (form DI-1040). Billing will be rendered QUARTERLY. 100 Percent of the final scheduled payment will be billed upon delivery of the final product. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B-212222, August 23,1983). U.S. GEOLOGICAL SURVEY UNITED STATES DEPARTMENT OF THE INTERIOR USGS Point of Contact Name: Jean Happel Address: 3110 S.W. 91h Avenue Ft. Lauderdale, FL 33315 Phone: 9541377-5932 Fax: 954/377-5901 E-mail: jhappel@usgs.gov Signatures ST. LUCIE COUNTY Point of Contact Name: Don West Address: 2300 Virginia Avenue Ft. Pierce, FL 34982 Phone: 7721462-1700 Fax: E-mail By: Date: By: Name Lisa L. Robbins Name: Title: Director, FISC-CWS Title: Signatures By: Date: By: Name: Name: Title: Title: By: Date: By: Name: Name: Title: Title: (USE REVERSE SIDE IF ADDITIONAL SIGNATURES ARE REQUIRED) Date: Date: Date: INTER -DEPARTMENTAL INVOICE INVOICE #: 06-025 PAY TO: NAME OR YOUR DEPARTMENT DIRECTOR OR MANAGER BILL TO: NAME OF DEPARTMENT DIRECTOR OR MANAGER ATTENTION: DATE: 2005 ROAD & BRIDGE DIVISION J. SCOTT HERRING, MANAGER SLC PUBLIC WORKS DEPT. DON WEST, DIRECTOR DEBBIE HUFFMAN FOR SERVICES: SALARY COST FOR WORK COMPLETED IN THE PARADISE PARK SUBDIVISION DURING 2005. INVOICE #1 AMOUNT CREDIT ACCOUNT # LABOR: SALARIES $ 20,291.85 BENEFITS $ 6,606.15 TOTAL LABOR CHARGES: $ 26,989.00 101003-4108-512005-400 OPERATING: MATERIAL COSTS $ 0.00 EQUIPMENT COSTS 0.00 TOTAL OPERATING CHARGES: $ 0.00 101003-4108-552500-400 TOTAL AMOUNT DUE: $ 26,989.00 PAYMENT TO BE MADE FROM ACCOUNT #: APPROVAL FOR PAYMENT:�'v �--� INTER -DEPARTMENTAL INVOICE INVOICE #: 06-026 PAY TO: NAME OR YOUR DEPARTMENT DIRECTOR OR MANAGER BILL TO: NAME OF DEPARTMENT DIRECTOR OR MANAGER ATTENTION: DATE: 2005 ROAD & BRIDGE DIVISION J. SCOTT HERRING, MANAGER SLC PUBLIC WORKS DEPT. DON WEST, DIRECTOR DEBBIE HUFFMAN FOR SERVICES: EQUIPMENT COSTS FOR WORK COMPLETED IN THE PARADISE PARK SUBDIVISION DURING 2005. INVOICE #2 AMOUNT CREDIT ACCOUNT # LABOR: SALARIES $ 0.00 BENEFITS $ 0.00 TOTAL LABOR CHARGES: $ 0.00 101003-4108-512005-400 OPERATING: MATERIAL COSTS $ 0.00 EQUIPMENT COSTS $ 43,984.00 TOTAL OPERATING CHARGES: $ 43,984.00 101003-4108-552500-400 TOTAL AMOUNT DUE: $ 43,984.00 PAYMENT TO BE MADE FROM ACCOUNT #: 1 Da SgS- 3%�S' 57Sa5c o - 4 j APPROVAL FOR PAYMENT: INTER -DEPARTMENTAL INVOICE INVOICE #: 06-027 PAY TO: NAME OR YOUR DEPARTMENT DIRECTOR OR MANAGER BILL TO: NAME OF DEPARTMENT DIRECTOR OR MANAGER .-9- ATTENTION: DATE: 2005 ROAD & BRIDGE DIVISION J. SCOTT HERRING, MANAGER SLC PUBLIC WORKS DEPT. DON WEST, DIRECTOR DEBBIE HUFFMAN FOR SERVICES: SALARY COST FOR WORK COMPLETED IN THE PARADISE PARK SUBDIVISION DURING 2005. SALARIES BENEFITS AMOUNT $ 33,181.53 $ 10,802.47 TOTAL LABOR CHARGES: _$ 43,984.00 OPERATING: MATERIAL COSTS $ 0.00 EQUIPMENT COSTS 0.00 TOTAL OPERATING CHARGES: $ 0.00 TOTAL AMOUNT DUE: $ 43,984.00 INVOICE #3 CREDIT ACCOUNT # 101003-4108-512005-400 101003-4108-552500-400 PAYMENT TO BE MADE FROM ACCOUNT #: 5-1 APPROVAL FOR PAYMENT: 'JWA*���� AGENDA REQUEST ITEM NO. c-4A DATE: Feb. 21, 2006 REGULAR [ ] PUBLIC HEARING[ ] CONSENT[x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: CHANGE ORDER NO. 3 / CONTRACT #C04-05-253 H & J CONTRACTING / ANCIENT OAKS PARK (WELDON B. LEWIS PARK) BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 310201-7240-562000-31008 (Buildings) 310002-7240-562000-31008 (Buildings) PREVIOUS ACTION: On Dec. 6, 2005, Item No. c-5A, the Board of County Commissioners approved Change Order No. 2 to increase contract time. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order No. 3, Contract No. C04-05-253, to increase the contract sum in the amount of $13,300.00 and increase contract time by sixty (60) days, with a date of substantial completion on March 28, 2006, and authorize the Chair to sign the Change Order as prepared by the County Attorney. MISSION ACTION: CONCU CE: APPROVED [ ] DENIED f 1 OTHER: Approved 5-0 D u Anderson County Administrator �!/ Coordination/Signatures County Attorney: k Mgt. & Budget: Purchasing Mgr.: Originating D Other: Other: Finance: (Check for Copy only, if Applicable Eff. 1/97 H:\AGENDA\AGENDA-107 H&J CONTRACTING CO 3.DOC 1,COUNTY MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: February 21, 2006 SUBJECT: CHANGE ORDER NO. 3 / CONTRACT #C04-05-253 H & J CONTRACTING / ANCIENT OAKS PARK (WELDON B. LEWIS PARK) BACKGROUND: On May 11, 2004, the Board of County Commissioners approved entering into Contract No. C04-05-253 with H & J Contracting, for the Ancient Oaks Park (Weldon B. Lewis Park) project. Due to necessary changes in design concerning the utilities for the installation of the restroom and overall park development, additional work is required for this site; installation of MOPS lift station. Staff is requesting permission to proceed with Change Order No. 3 to Contract No. C04- 05-253, to increase contract time by sixty (60) days, with a date substantial completion of March 28, 2006, and increase the contract sum an additional $13,300.00 (please see attached). RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order No. 3, Contract No. C04-05-253, to increase the contract sum in the amount of $13,300.00 and increase contract time by sixty (60) days, with a date of substantial completion on March 28, 2006, and authorize the Chair to sign the Change Order as prepared by the County Attorney. CHANGE ORDER ST. LUCIE COUNTY PROJECT: (name, address) Ancient Oaks Park (Weldon B. Lewis Park) TO (Contractor): H & J Contracting, Inc. P.O. Box 210427 Royal Palm Beach, FL 33421-0427 CHANGE ORDER NUMBER: INITIATION DATE: 3 February 10, 2006 CONSULTANT'S PROJECT NO.: ST. LUCIE COUNTY CONTRACT NO: CONTRACT DATE: You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A es No) C04-05-253 May 11, 2004 The original (Contract Sum) (Guaranteed Maximum Cost) was .......................... $573 , 677.21 Net change by previous authorized Change orders ..................................... $ 29,451.20 The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was ....... $603 ,128.41 The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (deereased or ehamgud) by this Change Order ....................................................... $ 13,300.00 The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order will be $616,428.41 The Contract Time will be (increased) (deereeased) (u"eMe4gad) by ( 60) Days The Date of Substantial Completion as of the date of this Change Order therefore is: March 28, 2006 310201-7240-562000-31008 Funds Available: Account Number 310002-7240-562000-31008 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall coii,prise the total price and/or time adjustment due or owed the Contractor for the work or.changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive All rights to file a claim on this Change Order after it is properly executed. All work performed underthis Change Ordel shall be performed in accordance with the contract specifications. Recommended: Architect/Engineer Address By Agreed To: Approved: rantral SPryi [_a_S St. Lucie County Department 2300 Virginia Ave.,Ft.Pierce.FL Address Date By H & J Contracting, Inc. Contractor P.O.Box 210427,Royal Palm Beach,FL Address Date Authorized: St. Lucie County: 2300 VirginiaAve., Ft. Pierce, FL34982 By Date Approved as to Form and Correctness By WHITE - VENDOR Date GOLDENROD - FINANCE County Attorney GREEN - PURCHASING PINK - DEPARTMENT H & J Contracting, Inc. Change Order Request PO Box 210427 Date: 01/30/06 Royal Palm Beach, FL 33421-0427 Contract # 10312 TO: St. Lucie County Central Services Project Name: Ancient Oaks Park 2300 Virginia Avenue Fort Pierce, FL 34982 Attention: Mr. Donald McLam Title: Assistant Director Description of Change Install MOPS lift station in lieu of septic tank and drainfield; Continue proposed future force main beyond north property line and connect to existing sanitary sewer system in Key West Bay apartment complex. Item IDescription lQuantity JUnits JUnit Price Net Amount 09000 � Add'I Work for MOPS Lift Station „ I 1 ILS 1$13,300.00 $13,300.00 Total 1 $13,300.00 Original Contract Sum Was $573,677.21 Net Change Previously Authorized Changes $29,461.20 Contract Sum Prior to This Change Order Was $603,128.41 The Contract Sum will be Changed by $13,300.00 The New Contract Sum Including This Change Order $616,428.41 The Contract Time will be Changed by 60 Days Accepted: By: Date: 3 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): CENTRAL SERVICES ITEM NO. C-413 DATE: Feb. 21, 2006 REGULAR [ ] PUBLIC HEARING[ ] CONSENT[x] PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBJECT: APPROVAL TO PROCEED WITH THE FOLLOWING FOR THE ROCK ROAD JAIL SECURITY SYSTEMS UPGRADE PROJECT BY NORMENT SECURITY GROUP / CONTRACT NO. CO2-07-56: • CHANGE ORDER NO. 5 TO CONTRACT NO. CO2-07-561/NORMENT SECURITY • FINAL PAYMENT AND RELEASE OF RETAINAGE/NORMENT SECURITY/CONTRACT NO. CO2-07-561 BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 316-1940-562000-26001 (Buildings) 316-1940-205100-26001 (Accounts Recievable/Retainage) PREVIOUS ACTION: On December 20, 2005, Item No. C-Al, the Board of County Commissioners approved Change Order No. 4, to Contract No. CO2-07-561, Norment Security, to increase contract time, changing the date of substantial completion to March 31, 2006. RECOMMENDATION: Staff recommends the Board of County Commissioners approve: 1. Change Order No. 5, to Contract No. CO2-07-561 with Norment Security to increase the contract sum $33,000.00 for a new contract sum of $2,066,015.02 and authorize the Chair to sign the Change Order as prepared by the County Attorney. 2. Final payment and release of retainage in the amount of $206,601.50 to Norment Security Group for the Security Systems Upgrade to the Rock Road Jail Facility. 11 MISSION ACTION: CONCU NCE: [ -APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 - DOud Anderson County Administrator Coordination/signatures County Attorney: Mgt. & Budget: Purchasing Mgr.: Originating De Other: _ Finance: (Check for Copy only, if Applicable H:\AGENDA\AGENDA-108 NORMENT CLOSEOUT AND CO NO 5.DOC Other: I*001Yl MEMORANDUM DEPARTMENT OF CENTRAL SERVICE TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: February 21, 2006 SUBJECT: APPROVAL TO PROCEED WITH THE FOLLOWING FOR THE ROCK ROAD JAIL SECURITY SYSTEMS UPGRADE PROJECT BY NORMENT SECURITY GROUP / CONTRACT NO. CO2-07-56: 1. CHANGE ORDER NO. 5 TO CONTRACT NO. CO2-07-561/NORMENT SECURITY 2. FINAL PAYMENT AND RELEASE OF RETAINAGE NORMENT SECURITY/CONTRACT NO. CO2-07-561 BACKGROUND: On July 23, 2002, the Board of County Commissioners approved Contract No. CO2-07-561 with Norment Security Group for Security and Fire Alarm System Improvements and Replacements for the Rock Road Jail: 1. Asa result of major delays and setbacks associated with this project, staff had requested Norment Security to perform work not included in the original contract (thru change orders), but was necessary to complete this project. Total costs for these change orders is $63,622.35, however because the delays in job completion generated additional costs to the County and should not be the County's responsibility, staff negotiated with Norment and they have agreed to accept a final lump sum change order for $33,000.00, thereby increasing their contract sum to $2,066,015.02. 2. The Security Systems Upgrade project is complete and has been inspected and approved by the Project Manager, Jerry Parenteau. Upon final execution and delivery of Change Order No. 5, staff is requesting final payment and release of retainage in the amount of $206,601.50 to Norment Security Group for the Security Systems Upgrade to the Rock Road Jail Facility. (See attachments) RECOMMENDATION: Staff recommends the Board of County Commissioners approve: 1. Change Order No. 5, to Contract No. CO2-07-561 with Norment Security to increase the contract sum $33,000.00 for a new contract sum of $2,066,015.02 and authorize the Chair to sign the Change Order as prepared by the County Attorney. 2. Fianl Payment and release of retainage in the amount of $206,601.50 to Norment Security Group for the Security Systems Upgrade to the Rock Road Jail Facility. 01/23/2006 15:12 4107120329 NORMENT SECURITY NE PAGE 02/02 Norment SECURITY GROUP, INC. A CompuDyne Company January 23, 2005 Sims Wilkerson Engineering, Inc. 1.555 Howell Branch Road, Suite A-1 Winter Park, FL 32789-11.70 Subject: St. iucic Correctional. Facility .Project Close Out Dear Mr. Sims, 7255 Standard Drive Hanover, Maryland 21076 410-712-6020 FAX: 410-712.0329 January 17, 2006 Norment replaced and tested DVR's 6 & 8_ This completes the remaining punch list items. When Norment Security Group met with Roger Shinn and. Jerry Pamiateau from St. Lucic County January 12, 2006 we had discussions about the following outstanding change orders; New Conduit between. 11 l and 184, pulling & terminating intercom wire, troubleshooting existing camera failures. Pursuant to my conversation with Roger Shinn, January 23, 2006, Norment Security Group has agreed to accept a final lump sum change order for S33,000.00_ This will increase our contract value to S2,066,015.02. This is a final -settlement. Neither Norment Security Group nor St. Lucie County will be seeking any additional change orders or claims. Please review this information and should you have any questions give m, a a. call. Sincereiy e Operations .Manages CC.: Roger Shinn St. Lucie County Jerry Parenteau. St..Lucie County SIMS WILKERSON ENG Fax:4076452399 Jan 24 2006 9.37 P.02 Sims Wilkerson Engineering, Inc. 1555 Howell Branch Road, Suite A-1 Winter Park, Florida 32789-1170 (407) 645-1566 Fax (407) 645-2399 January 24, 2006 Norment Security Group, Inc. 7255 Standard Drive Hanover MD 21076 Attention_ Mr. Ken Kipke, Operations Manager Project: St. Lucie County Correctional Facility Systems Improvements SWE #01098 Subject: Project Close Out Dear Mr. Kipke: We have received your letter dated January 23, 2006 regarding project close out. Unless we are advised otherwise by the Owner, we will consider this to be the final settlement of all claims. Pursuant to previous discussions and correspondence, Norment will continue to provide two years of maintenance and warranty service. We are happy to see that this project is finally coming to a conclusions. it has been difficult and frustrating for all parties. I wish to thank you, Ken, for your efforts in making this close out a reality. Sincerely, SIMS WU KERSON GINEE G,-INC. vU � Howard W. Sims, P.B. President cc: Jerry Parenteau, Project Manager St. Lucie County Central Services. Roger Shinn, St. Lucie County Central Services Tony Frassetta, Vitetta TIME AND MATERIAL SUMMARY Project: St. Lucie Correctional Facility Date: 1012112003 X# Description: 7 Additional I/C Cable From Control Rooms to Equipment Rooms Quantity Division Material Unit Material Labor Unit 594 Hours 594 1 Take Off $ 5,540.58 $ 5,540.58 140 140 1 Cable Removal $ Material Quotes $ _ Material Subtotal $ - $ 5,540.58 Total Lab Hrs 734 Quantity _ Mat. Quotes Subtotal $ - Quantity Subcontractors Subcontract Amount Subcontract total $ " Hours Rate Indirect Labor Total Total Material ,540.58 $ 5- 60.14 $ 55.00 Cad Techn. $ Mat. Tax 6 50% $ 5,900.72 1 $ 55.00 Estimator $ 55.00 Total Material $ 29.81 8 $ 40.00 Super. $ 320.00 Journeyman Rate 367.00 $ 10,940.27 $ 65.00 Pro}. Mgr. $ - Journeyman Hours $ 25.49 $ 28.00 Mtrl.Wareh. $ - Helper Rate 367.00 $ 9,354.83 $ - Helper Hours $ $ - Total Indirect Labor Hours 9 $ - Total Direct Labor Hours 734 Total $ 375. 00 Total Direct Labor Cost $ 20,295.10 Dollars Total Indirect Labor Cost $ 375.00 Job Expense $ - Total Labor Cost $ 20,670.10 General Expense Clean Up $ " Eqpt. $ - Total Material Cost $ 5,900.72 Permit Fee $ Total Labor Cost $ 20,670.10 Inspec/Testing $ - Drawings $ - Job Expense $ - Temp. Svc. $ - Subcontracts TOTAL PRIME COST $ 26,570.82 Overhead 7.50% $ 1,992.81 Profit 7.50% .$ 1,992.81 Markup on Sub's $ SUB TOTAL $ 30,556.44 Total Job Expense $ - Total Without Bond $ 30,556.44 Bond 1.00% $ 305.56 Total With Bond $ 30,862.00 This or000sal may be void if not accepted in wiring within 30 days of the above date. NORMENT SECURITY GROUP, INC. JOB NAME: St Lucie County Detnetion Facility DATE: i/i 0/2006 REFERENCE: CCTV Repairs JOB NUMBER: 678261 CONTRACTOR: Norment Security Group, Inc. CHANGE ORDER NO: NSG-09 DESCRIPTION UNIT COST QTY I TOTAL MATERIAL Travel, Hotel & Meal Expenses lot $4,441.57 1 $ 4,441.57 Misc. connectors and wire lot $225.00 1 $ 225.00 lot $0.00 0 $ - Each $0.00 0 $ - Each $0.00 0 $ - Each $0.00 0 $ - MATERIAL SUBTOTAL $4,666.57 10% Markup $466.66 $5,133.23 LABOR Electricians lot $63.00 0 $0.00 Project Management Hr. $75.00 0 $0.00 Project Engineering / Programming Hr. $72.00 0 $0.00 Drafting Hr. $35.00 0 $0.00 Field Installation-Norment Hr. $55.00 174 $9,570.00 lot $0.00 0 $0.00 Subtotal $9,570.00 15% Markup $1,435.50 LABOR SUBTOTAL $11,005.50 Description of Work Troubleshot existing camera installation problems. Subtotal L & M $16,138.73 Norment Bond 0 1% $0.00 GRAND TOTAL $16,138.73 0 �PSF� 0 C7 r CJ x ~ ^! N !V q o ti F O �-- F U F--U !— w z LU Q U a 0 L U 2�a'� U 0 vL LL H LU O U r `n z go Q N C6 •Oi N Q a U A �f i7 F 0 V •etc, U yi o w 'Jcz o or EL O Qa- G O N k. � 0 73 h q UCj�'mCC si p C CJ F- O c m of o 0o p y N E0/Z0 3DVd 3N h1IH003S 1N3WdON 6ZEOZTL0Tb 90:80 900Z/bT/Z0 02/14/2006 08:05 4107120329 NORMENT SECURITY NE PAGE 03/03 ` L i - i+Ni4p.rp:�-.:...p'��� r-.�•ws�.w.n-..w...'n,.--w..�..�..r++.-.�-........... s-..- INVOICE No.19840 ` Norment Security Group, Inc. A CompuDyne Company 7255 Standard Drive INVOICE DATE 02/10/06 Hanover, Maryland 21076 NORMENT ORDER NO. 678261 REMIT TO: CUSTOMER ORDER Nh3 i 0997 3224 Mobile Highway Montgomery, AL 36108-4454 Accounts Receivable TAX EXEMPTION NO. Boarder®tW6j4C3ft1nGW,1DdF§x (334) 286-5485 St. Lucie County TE F.O.B. 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 SHIPPED VIA SHIPPED TO PPD. COLL. QUANTITY DESCRIPTION PRICE AMOUNT RE: St. Lucie County Correctional Facility Contract 4P2310997 Payment due for completion of work 2,066,015.02 LESS PREVIOUS BILLED - I.8i9.413.52 S206,601.50 TOTAL RETA.INAGE DUE 5206,601.50 OUR TERMS ARE NET THIRTY A DELINQUENT CHARGE OF 1 1/2% PER MONTH MAY BE CHARGED ON PAST DUE ACCOUNTS. WHITE - CUSTOMER COPY CANARY - CONTRACT FOLDER PINK - ACCOUNTS RECEIVABLE GOLDENROD - REGION I AGENDA REQUEST ITEM NO. C-5A DATE: February 21, 2006 CONSENT [X ] REGULAR [ ] PUBLIC HEARING [ Leg • I l Quasi -JD. [ l TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY (DEPT): Grants Roberta Breene SUBJECT: Authorize the submittal of an Emergency Watershed Protection Program funding request to the USDA Natural Resources Conservation Service for funding in the amount of $375,000, to conduct emergency repairs to safeguard lives and property in the Hidden River Estates area and minimize erosion into the North Fork of the St. Lucie River during heavy rainfall events. Staff also recommends that the Board allocate $435,000 from the Transportation Trust, in the event the grant is not awarded. BACKGROUND: The goal of these funds is to slow runoff and prevent soil erosion in order to safeguard lives and property from floods. St. Lucie County's responsibility would include securing land rights and any permits necessary to construct these emergency measures as well as construction project oversight. The damage to these structures is a result of Hurricanes Frances, Jeanne, and Wilma These funds would be used to assist with repairs within the Hidden River Estates Drainage Outfall Structures Repair project by paying approximately 75% of the project cost. Timing is of the essence, and grant funding is not guaranteed. Therefore, staff is also requesting the Board to allocate $435,000 from the Transportation Trust Emergency Culvert Replacement account in the event the grant is not awarded. Should the grant be awarded, funds not needed would be returned to the emergency culverts account. The emergency repair engineering is complete, and the contractor bid opening is scheduled for February 17, 2005. FUNDS AVAIL.: The funding award requires a 25% match in cash or in -kind services. Matching funds in the amount of $125,000 plus additional funding in the amount of $310,000, in the event the grant is not awarded, will be made available in 316001-41134-563000-425017 (Transportation Trust Capital —Improvement O/T Buildings). PREVIOUS ACTION: On August 2, 2005, the BOCC approved the declaration of the Hidden River Estates Drainage Outfall Structure Repair as an emergency, allowing waiver of the formal bidding process and authorizing staff to contact vendors for appropriate repairs. RECOMMENDATION: Staff recommends the Board authorize the submittal of an Emergency Watershed Protection Program funding application to the USDA Natural Resources Conservation Service for funding in the amount of $375,000 (75%), matched by the County's $125,000 (25%) to conduct emergency repairs for the benefit of landowners in Hidden River Estates and the minimization of erosion into the North Fork of the St. Lucie River during heavy rainfall event. Staff also recommends the Board allocate $435,000 from the Transportation Trust in the event the grant is not awarded. COMMISSION ACTION: CONCURRE J APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 DougWAnderson, County Administrator Coordination/Signatures County Attorney: Mgt & Budget: ) Purchasing: Originating Dept: 7f Public Works: Other: 1W VP e'W Finance:(copies): Project Mgr. Exec. Asst. To: Board of County Commissioners From: Roberta Breene Date: February 21, 2006 Subject: Consent Agenda No. C5A Funding — U.S. Department of Agriculture, Emergency Watershed Protection Program In June, two drainage outfall structures failed within the Hidcbn River Estates area. In addition, another structure for this same drainage basin has exhibited signs offailure. Erosion control measures have been installed to minimize additional damage. However, these measures are only temporary, and permanent repairs/replacement should be accomplished immediately. To that end, on August 2, 2005 the Engineering Department recommended and the Board approved Consent C-7B) the declaration of the Hidden River Drainage Outfall Structures Repair project an emergency, thuswaiving the formal bidding process and authorizing staff to contact vendorsfor written quotes for repairs. These funds from the Emergency Watershed Protection Program of the USDA Natural Resource Conservation Service provides funding to remove debris fror streams, protect destabilized stream banks, and establish cover on critically eroding lands, with the goal of slowing runoff and preventing soil erosion in order to safeguard lives and property from floods. As sponsors of this Emergency Watershed Protection project, St. Lucie County's responsibility would include securing land rights and any permits necessary to construct these emergency measures as well as construction oversight of the project itself. These funds would be used to assist with repairs within the Hidden River Estates Drainage Outfall Structures Repair project by paying approximately 75% of the project cost. Timing is of the essence, and grant funding is not guaranteed. Therefore, staff is also requesting the Board to allocate $435,000 from the Transportation Trust Emergency Culvert Replacement account in the event the grant is not awarded. Should the grant be awarded, funds not needed would be returned to the emergency culverts account. The emergency repair engineering is complete, and the contractor bid opening is scheduled for February 17, 2005. OOM AGENDA REQUEST ITEM NO. C-5B DATE: February 21, 2006 CONSENT [X ] REGULAR [ ] PUBLIC HEARING [ ] Leg. [ ] Quasi -JD. [ ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY (DEPT): Grants Roberta Breene, Grants Writer SUBJECT: Authorize the submittal of a grant application to the Florida Inland Navigation District (FIND) and the acceptance of the grant if it approved for funding. Grant funds in an amount not to exceed $142,000, to be matched 1:1, will fund the construction of a shoreline revetment, fishing pier, mooring dock and a floating canoe/kayak launch at RIVER PARK MARINA. In addition, approve Resolution 06-076 authorizing the project manager to administer the grant on behalf of the Board of County Commissioners of St. Lucie County. BACKGROUND: If approved, this competitive grant would provide funds toward the construction of a shoreline revetment, fishing pier, mooring dock and floating canoe/kayak launch at RIVER PARK MARINA. Total project costs, also including the construction of a restroom and extension of a parking lot for boat trailers, are estimated to be $950,000. A grant in the amount of $200,000 has already been received from the Land and Water Conservation Fund (LWCF) for this same project. Another grant in the amount of $150,000 has been awarded from the Florida Boating Improvement Program (FBIP). In addition, St. Lucie County has committed $200,000 to match the LWCF grant. FUNDS AVAIL.: The match used will be from the $200,000 grant awarded by the Land and Water Conservation Fund (LWCF). PREVIOUS ACTION: On 2/22/2005, the Board approved the submittal of a grant application to FIND, of which $32,500 was awarded. On 4/22/03, the Board approved a $200,000 grant application to the Land and Water Conservation Fund (LWCF) for this project; on 8/12/03, the Board accepted a $200,000 grant from LWCF. RECOMMENDATION: Staff recommends the Board authorize the submittal of the grant application to FIND and the acceptance of the grant if it is approved for funding. In addition, approve Resolution 06-076 authorizing the project manager to administer the grant on behalf of the Board of County Commissioners of St. ucie County, Florida. Approved 5-0 COMMISSION ACTION: CONC N [� ] APPROVED [ ] DENIED [ ] OTHER: Do as Anderson,County Administrator Coordination/Signatures N � V County Attorney: Mgt 6 Budget: Purchasing: Originating Dept: Public Works: Other: Finance: (copies only): AgeUF2002.doc To: Board of County Commissioners From: Roberta Breene, Grants Writer Date: February 21, 2006 Subject: BOCC Meeting, February 21, 2006, Consent Agenda Item C 5B Florida Inland Navigation District Grant — River Park Marina Background Information Project - Grant Application for Improvements to River Park Marina St. Lucie County is requesting assistance from the Florida Inland Navigation District (FIND) for improvements to River Park Marina. River Park Marina, a neighborhood park in Port St. Lucie situated on a 20-acre island located in the North Fork of the St. Lucie River- designated an "Outstanding Florida Waterway". The park is part of the North Fork of the St. Lucie River Aquatic Buffer Preserve, a 2,98—lacre riverine corridor extending approximately twelve miles through unincorporated St. Lucie County and the City of Port St. Lucie. Access to the park is by boat or by motor vehicle using Prima Vista Boulevard bridges located on the island's east and west shores. Existing improvements include a two-lane boat ramp, a hiking trail, a playground, shuffle board courts, and a community center, which St. Lucie County leases to the Port St. Lucie Yacht Club. A canoe rental concession and a river scenic tour boar are conducted from the park through ccntracts with private operators. With these exceptions, all of the park's recreational opportunities are free to the public St. Lucie County has initiated an $950,000 project to add/improve facilities at the park, including shoreline stabilization, a fishing pier, mooring dock, floating canoe/kayak launch, three in -water fishing/observation platforms, construction of a boardwalk trail to bridge a waterinundated trail section, 4 picnic pavilions along the water's edge, a restroom, and expansion of a parking area for boat trailers. In this FIND grant application, St. Lucie County is. seeking $142,000, to be matched 1:1 by a $200,000 grant from the land and Water Conservation Fund, toward a total cost of $284,000 for construction of a vital shoreline revetment, fishing pier, mooring dock, floating canoe/kayak launch, three inwater fishing/observation platforms, a boardwalk trail to bridge a water -inundated trail section and 4 picnic pavilions along the water's edge. We are not seeking funding through this grant for the restroom or parking lot On 2/22/2005, the Board approved the submittal of a similar grant application to FIND requesting $200,000, of which only $32,500 was able to be awarded, because the water -related permits has not yet been received. In addition, the Board is asked to approve Resolution 05-076 authorizing the project manager to administer the grant on behalf of the Board of County Commissioners of St. Lucie County. ATTACHMENT E-6 RESOLUTION 06-076 FOR ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, THE St.Lucie County Board of County Commissioners is interested in (Name of Agency) carrying out the following described project for the enjoyment of the citizenry of St. Lucie Coun and the State of Florida: Project Title River Park Marina Improvements Total Estimated Cost $ 284,000 Brief Description of Project: This project at River Park Marina includes construction of a vital shoreline stabilization revetment, fishing pier, mooring dock, and floating canoe/kayak launch. AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the St. Lucie County Board of County Commissioners (Name ofAgency) that the project described above be authorized, AND, be it further resolved that said St. Lucie County Board of County Commissioners (Name ofAgency) make application to the Florida Inland Navigation District in the amount of 50 % of the actual cost of the project in behalf of said St. Lucie County Board of County Commisssioners (Name ofAgency) AND, be it further resolved by the St. Lucie County Board of County Commisssioners Name ofAgency) that it certifies to the following: That it will accept the terms and conditions set forth in FIND Rule 6613-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92) (1) That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said St. Lucie County Board of County Commisssioners for public use. 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post -audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the St. Lucie County Board of County Commisssioners at a legal meeting held on this day of 2006 . Attest Signature Chairman, St. Lucie County Board of County Commisssioners Title Title Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92) (2) AGENDA REQUEST TO: Board of County Commissioners ITEM NO. C 5C DATE: February 21, 2006 CONSENT [X ] REGULAR I ] PUBLIC HEARING [ ] Leg. [ ] Quasi -JD. [ ] PRESENTED BY: SUBMITTED BY (DEPT): Grants Roberta Breene, Grants Writer SUBJECT: Authorize the submittal of a grant application to the Florida Inland Navigation District (FIND) and the acceptance of the grant, if it is approved to help fund the TAYLOR CREEK RESTORATION DREDGING project. BACKGROUND: FUNDS AVAIL.: In addition, approve Resolution 06-075 authorizing this project, authorizing the submittal of this grant application, certifying acceptance of the terms and conditions, and authorizing the project manager to administer the grant on behalf of the Board of County Commissioners of St. Lucie County, Florida. This competitive grant from the Florida Inland Navigation District, if approved, will help provide funding for the TAYLOR CREEK DREDGING AND RESTORATION project. Matching funds for the $4,360,000 total project will come from the several agencies that are partnering with St. Lucie County on this project: Florida Ports Council ($1,750,000), the South Florida Water Management District ($860,000), and St. Lucie County ($1,750,000). PREVIOUS ACTION: In March, 2003 the Board approved the 2004 FIND grant application for $267,000 and acceptance if awarded, and in March 2004, the Board approved the 2005 FIND grant submittal for $267,000 and acceptance, if awarded. On March 22, 2005, the Board approved the submittal of the 2006 FIND application. RECOMMENDATION: COMMISSION ACTION: [X ] APPROVED [ ] OTHER: Approved 5-0 County Attorney: (/ Originating Dept: Finance: (copies only): Staff recommends that the Board authorize the submittal of this grant application to the Florida Inland Navigation District and acceptance of the grant if it is approved for funding. In addition, Staff recommends that the Board approve Resolution 06-075 authorizing this project, authorizing the submittal of this grant application, certifying acceptance of the terms and conditions of the grant, and authorizing the project manager to administer the grant on behalf of the Board of County Commissioners of St. Lucie County, Florida. [ ] DENIED DoVJ Count Coordination/Signatur4s Mgt & Budget: wfl Public Works: Anderson Administrator Purchasing: Other: AgeUF2002.doc To: Board of County Commissioners From: Roberta Breene, Grants Writer Date: February 13, 2006 Subject: BOCC Meeting, February 21, 2006, Consent Agenda Item C 5C Florida Inland Navigation District Grant — Taylor Creek Dredging - Background FIND Grant Application for Taylor Creek Dredging and Restoration Taylor Creek JC25 Dredging Restoration Project involves the dredging of Taylor Creek from the C-25 spillway and Ft. Pierce Farms Canal No 1 to the Indian River Lagoonilntra-coastal Waterway. The Project will involve the removal of approximately 210,000 cubic yards of mu& sediments to restore Taylor Creek to original design depth or hard sand bottom. The accumulation of sediments over the past 40 years represents a threat to the health of the sea grasses in the Indian River Lagoon Estuary. Once the sediments are removed, Taylor Creek will function as a silt trap to accumulate silt before it is discharged to the Indian River Lagoon. In addition, the navigation channel will be restored to its full depth for the benefit of the public. In April 2003, the County submitted permit applications for the entire Taylor Creek Dredging Project. In August 2003, a decision was made to subdivide the Project into 2 Phases for purposes of permitting and construction. This decision was based upon the complexity of permitting issues and the need to expend grant funds in a timely manner. Currently, Phase 1 of the dredging has been completed. Approximately 100,000 cubic yards of muck sediments have been dredged from the navigation channel, east of the Railroad Bridge. Themuck is being stored at the County Landfill. Public Works Staff is proceeding with Permitting of Phase 2 and 3 of the Project, to allow construction to proceed in the summer of 2007. Improvements that are proposed in Phase 2 include the removal of 110,000 cubic yards of muck sediments to be dredged between the Railroad Bridge and the C-25 spillway structure and creation of a "silt trap" downstream of the spillway structure Phase 3 includes bank stabilization along Taylor Creek Several Agencies are partnering with St. Lucie County to accomplish the restoration of Taylor Creek, including South Florida Water Management District (SFWMD), St. John's River Water Management District (SJRWMD), Florida Ports Council, (FSTED), and Florida Inland Navigation District (FIND). On March 22, 2005, the Board approved the submittal of the 2006 FIND application.This funding was unable to be awarded, due to the unavailability of the necessary permitsfor Phases 2 and 3. ATTACHMENT E-6 RESOLUTION NO.06-075 FOR ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, THE St. Lucie County Board of County Commissioners is interested in carrying out the following described project for the enjoyment of the citizenry of St. Lucie County and the State of Florida: Project Title: Taylor Creek/C25 Restoration and Dredging_ Project Total Estimated Cost $4,360,000 Brief Description of Project: Navigation and muck sediment removal in Taylor Creek to improve navigation and water quality, including shoreline stabilization. AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the St. Lucie County Board of County Commissioners that the project described above be authorized, AND, be it further resolved that said St. Lucie County Board of County Commissioners make application to the Florida Inland Navigation District in the amount of 6.1% of the actual cost of the project in behalf of said St. Lucie County Board of County Commissioners, AND, be it further resolved by the St. Lucie County Board of County Commissioners that it certifies to the following: 1. That it will accept the terms and conditions set forth in FIND Rule 6613-1 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. Form No. 90-11 (New 12-17-90, Rev. 10-14-92) (1) 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said St. Lucie County Board of County Commissioners for public use. 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons as well as other federal, state and local laws, rules and requirements. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post -audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the St. Lucie County Board of County Commissioners at a legal meeting held on this day of Attest Title Form No. 90-11 (New 12-17-90, Rev. 10-14-92) (2) 2006. Signature Title AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT SUBJECT: Approval of Hurricane Related Purchases BACKGROUND: Please see attached memorandum. ITEM NO. 6 DATE: 2/21 /06 REGULAR( ) PUBLIC HEARING ( ) CONSENT (X) PRESENTED BY: ED PARKER, DIRECTOR FUNDS AVAILABLE: Hurricane Frances, Jeanne & Wilma Programs - Various funds and organizations (Emergency Reserves to be reimbursed by FEMA) PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends that the Board approve the attached list of hurricane related purchases. COMMISSION ACTION: �() APPROVED () DENIED () OTHER Approved 5-0 CONCURR CE: Dotfgla,iM. Anderson counfv Administrator Coordination/Signatures County Attorney (x) Mgt. & Budget (x) o � Purchasing (x) 1 Parks & Rec. ( ) Other( Other( ) Finance: (check for copy, only if applicable) PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Ed Parker, Purchasing �Director ( DATE: February 14, 2006 RE: Approval of Hurricane Related Purchases BACKGROUND: Pursuant to Florida Statutes (2003) Section 252.38, political subdivisions of the state have the power during a state of local emergency to provide for the health and safety of people and property. The Board has previously adopted Resolution No. 00-277, authorizing the St. Lucie County Administrator and the County Public Safety Director to exercise certain emergency powers and authority during a local emergency. The impact of Hurricanes Frances, Jeanne, and Wilma placed St. Lucie County into a state of local emergency, exposing the citizens of the County to danger of life and property. As a result, the St. Lucie County Public Safety Director declared a State of Local Emergency for Hurricane Frances on September 1, 2004, for Hurricane Jeanne on September 24, 2004, and for Hurricane Wilma on October 25, 2005. To date, these States of Emergency have been extended until further notice. Pursuant to County's Purchasing Manual (Section 5.5), the Board has authorized the waiver of bids in an emergency. Attached to this memorandum is a list of emergency purchase orders and credit card purchases related to Hurricanes Frances, Jeanne, and Wilma since the date of Board approval. Further background information and details on these purchases are available in the Purchasing Department. EP/jc BOARD OF COUNTY COMMISSIONERS .s,.•.,' s,,. .. v -- I� ��f���d �J� IC`�!.,,- ��...� "� .. PURCHASING DEPARTMENT . . ED PARKER, CPPB -.gym - .: _ ... .. .a5*. �i°,,, 4 -,k .. ( 2/8/2006 THRU 2/21/2006 P.O. # DEPARTMENT VENDOR DESCRIPTION TOTAL AMOUNT P2611484 Central Services American Portable Toilets Rental of portable sewage holding tank on trailer $154.22 P2611502 Central Services Imperial Electric, Inc. Electrical work done to Civic Center (Demo. Preparation) $5,800.00 P2611528 Central Services FPUA Installation of temporary power to Civic Center $6,306.29 P2611530 Agriculture Abel Steel & Wood Fence Fence repair to Master Gardener area $989.00 P2611578 Central Services Sun coast Painting Paint exterior of Central Services Building $3,910.00 DEPARTMENT VENDOR DESCRIPTION TOTAL AMOUNT Central Services Apple Machinery Building Supplies $434.40 Central Services Boynton Pump & Irrigation Supply Building Supplies $72.00 Central Services City Electric Supply Co. Building Supplies $245.36 Central Services City Electric Supply Co. Building Supplies $101.41 Central Services Graybar Building Supplies $40.27 Central Services Home Depot Building Supplies $52.56 Central Services Home Depot Building Supplies $197.22 Central Services Office Max Guest Chairs" $1,299.80 Central Services Office Max Guest Chair; $259.96 Central Services Pioneer Metals, inc. Building Supplies $10.09 Central Services Pioneer Metals, inc. Building Supplies $18.86 Central Services Staples Building Supplies $437 64 Central Services Staples Building Supplies $199.98 Central Services Staples Executive Chair $399.96 Central Services Staples File Cabinet $399.98 Central Services Staples p Executive Chair $399.98 Central Services Staples File Cabinet $189.99 Central Services Tropic Supply, Inc. Building Supplies $7 02 .-, "'Awl P.O. # DEPARTMENT VENDOR DESCRIPTION TOTAL AMOUNT P2611466 Road & Bridge Johnson -Davis Repair to ditch embankment behind 242 Solida Drive $75,060.00 P2611505 Engineering SFWMD River Park Place at Merritt Ditch Culvert Replacement Permit $100.00 P2611527 Solid Waste Kelly Tractor Co. Rental of D8R $760.00 BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT ED PARKER, CPPB P.O. # DEPARTMENT VENDOR DESCRIPTION TOTAL AMOUNT P2611155 Road & Bridge Florida Native Replace damaged plates $2,350.00 P2611243 Road & Bridge Florida Native Replace damaged plates $2,370.00 P2611341 Road & Bridge Manpower Temporary Labor $4,000.00 P2611420 Central Services Dependable Roofing Remove/replace roof tiles $2,500.00 P2611438 Road & Bridge Florida Native Replace damaged plates $1,900.00 P2611442 Parks & Rec. Hughes Electric Supply Wood Industrial Cable Reels $18,500.00 P2611463 Fairgrounds Affordable Flooring Replace carpet at Fairgrounds Bldg. $1,980.00 P2611482 Road & Bridge Florida Native Replace damaged plates $2,425.00 P2611504 Central Services Property Solutions, LLC Roofing - replace walk pads on the State Attorney Bldg. $2,180.00 P2611511 Parks & Rec. Pastels Designs, Inc. Building Materials $38,236.53 P2611568 Road & Bridge Florida Native Replace damaged plates $2,475.00 P2611569 Central Services Spades Constructors, Inc. Repairs to Marine Center $1,960.00 DEPARTMENT VENDOR DESCRIPTION TOTAL AMOUNT Road & Bridge Universal Signs & Accessories Eight (8) Purchases of Sign Materials $12,004.00 FRANCES $21,716.00 JEANNE $75,920.00 WILMA $92,880.53 �.,~ M 10/05/2004 THRU 2/7/2006 10/5/2004 PO'S $25,155,890.27 72/22/20�05 PO'S/CC'S $186,092.63 10/5/2004 CC STATEMENT $188,462.70 PO'S/CC'S $152,822.90 10/12/2004 PO'S $877,545.68 PO'S $107,126.89 10/19/2004 PO'S/CC'S $942,831.71 4/5/2005 PO'S/CC'S $240,874.62 10/26/2004 PO'S/CC'S $125,799.29 4/26/2005 PO'S $6,821.00 11/2/2004 PO'S $125,619.99 5/24/2005 PO'S $66,590.95 11/9/2004 PO'S $8,177,287.88 6/28/2005 PO'S $68,017.94 11/15/04 PO'S $3,190,311.52 9/6/2005 PO'S $41,252.50 11/23/2004 PO'S $169,414.35 11/8/2005 PO'S $113,600.25 12/7/2004 PO'S $70,620.13 11/22/2005 PO'S $59,102.92 12/14/2004 PO'S/CC'S $292,007.84 1/10/2006 PO'S/CC'S $102,087.15 12/21/2004 PO'S $72,365.75 2/7/2006 PO'S/CC'S $511,699.94 1/11/2005 PO'S $258,477.26 2/21/2006 PO'S/CC'S $21,716.00 1/2512005 PO'S $3,609,460.51 i F E $45,733,124.78 2/8/2005 PO'S $799,224.21 AP'PFtO17A QATE `C3OC7`7UMENT TYPE AMOUNT"APRRGVED� P 1fA� fYATE E70'UM$I FP1E / IfI �T APPR4 ELY 10/12/2004 PO'S $548,078.39 3/8/2005 PO'S/CC'S $303,183.98 10/19/2004 PO'S/CC'S $252,234.83 3/22/2005 PO'S $9,799.26 10/26/2004 PO'S/CC'S $497,015.14 4/5/2005 PO'S $307,824.80 11/2/2004 PO'S $9,750.80 4/26/2005 PO'S/CC'S $31,767.33 11/9/2004 PO'S $223,951.36 5/24/2005 PO'S/CC'S $170,859.75 11/15/2004 PO'S/CC'S $87,753.77 6/28/2005 PO'S $180,330.00 11/23/2004 PO'S $80,811.77 9/6/2005 PO'S $48,761.00 12/7/2004 PO'S $29,679,672.96 11/8/2005 PO'S $3,720.00 12/14/2004 PO'S $67,671.17 11/22/2005 PO'S $1,599.75 12/21/2004 PO'S $3,240.00 12/6/2005 PO'S $4,106.40 1/11/2005 PO'S $568,551.65 12/20/2005 PO'S $1,988.00 1/25/2005 PO'S $4,658,464.12 1/10/2006 PO'S/CC'S $46,651.33 2/8/2005 PO'S $237,724.90 2/21/2006 PO'S $75,920.00 2/22/2005 PO'S/CC'S $184,671.07 $38,286,103.53 4 1. '95... ). .«Y s..i -.,c�. �k ,�,..•kx,���.Z��ti .. 1. --; .�� ,-�•t�S1F'„.� �'�i� ��+u� �A. P,44 14, s A 11/8/2005 PO'S $159,801.06 11/22/05 PO'S $2,402,856.97 12/6/2005 PO'S/CC'S $1,314,299.75 12/20/2005 PO'S $1,254,324.43 1/10/2006 PO'S/CC'S $6,069,650.07 2/7/2006 PO'SICC'S $148,152.43 2/21/2006 PO'S/CC'S $92,880.53 $11,441,965.24 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): UTILITIES DEPARTMENT ITEM NO. C' - DATE: Feb. 21, 2006 REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) PRES 7TED BY: P.M. Bowers Utility Director SUBJECT: Staff requests approval of a Work Authorization with Camp Dresser & McKee, Inc. for engineering services pertaining to the South Hutchinson Island Wastewater System update of Holiday Out/Venture III/Venture Out and Nettles Island engineering analysis in the amount of $34,910.00. FUNDS AVAILABLE: Funds are available 451-3510-531000-300 (Professional Services) PREVIOUS ACTION: Board of County Commissioners approved continuing contract #C05-04-188. RECOMMENDATION: Staff recommends Board approval of a Work Authorization with Camp Dresser & McKee, Inc. for engineering services pertaining to the South Hutchinson Island Wastewater System update of Holiday Out/Venture III/Venture Out and Nettles Island engineering analysis in the amount of $34,910.00. -COMMISSION ACTION: _ _ _ __ _ . _CONCU CE: _ `O(APPROVED O DENIED O OTHER: EFo —ugjYs Anderson Approved 5-0 County Administrator IR'County Attorney: Review and Approvals "Management and Budget: Xfsp 0 Purchasing: V/ Originating Dept: ❑ Other: ❑ 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 Managerat 772-462-1777 .or TTD-772=46P=?428,-atteast48-hours(4Ajpriorto the-meeVng. _...__.__.__.._ _._... _ ._...___. _. _,. __...._,_.._._.._.� .. _..___.., _ ..._.....___,__._._..._ ..._ UTILITY DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: P.M. Bowers, Utility Director DATE: February 21, 2006 RE: Holiday Out / Venture III / Venture Out / Nettles Island BACKGROUND: On January 10, 2006 at 1:30pm a meeting was held with St. Lucie County representatives and with each of the above referenced homeowners associations in which they indicated a desire for the County to reevaluate the current conditions of each of the systems and update the previously prepared engineering analysis in an effort to turn over the privately held lift stations to the County to maintain. Should the residents elect to create an MSBU to construct the improvements, this cost will be reimbursed by the MSBU. If the MSBU is not created, the Utility Department will fund the cost. The Work Authorization with _Camp, Dresses. & McKee, Inc. will. provide .for the necessary engineering - services for preparing an analysis of the collection system focusing on the upgrading of the existing gravity collection systems and submersible lift stations. RECOMMENDATION: Staff recommends Board approval of a Work Authorization with Camp Dresser & McKee, Inc. for engineering services pertaining to the South Hutchinson Island Wastewater System update of Holiday Out/Venture III/Venture Out and Nettles Island engineering analysis in the amount of $34,910.00. EXHIBIT A SCOPE OF SERVICES ST. LUCIE COUNTY SOUTH HUTCHINSON ISLAND WASTEWATER FACILITIES UPDATE OF HOLIDAY OUT AND NETTLES ISLAND ENGINEERING ANALYSIS BACKGROUND The South Hutchinson Island Water Reclamation facility is a 1.6 million gallon per day (mgd) advanced wastewater treatment facility serving condominiums, mobile home parks, and commercial customers on the island. Wastewater was diverted from over 20 individual package wastewater treatment plants to the facility in 1997. Many facilities, such as lift stations and force mains, required renovation and/or replacement in order for wastewater to be transmitted to the new facility. Master pump stations were strategically located throughout the service area in an effort to reduce capital construction costs. Additionally, a policy regarding County ownership and servicing of these facilities was investigated. In an effort to keep capital and estimated operations costs low, a policy was established regarding County acquisition of gravity collection and pumped transmission systems. PROPOSED SCOPE OF SERVICES Two master pump stations were located at Holiday Out/Venture III/Venture Out and Nettles Island. Each master pump station was located adjacent to the existing package wastewater treatment facilities in order to minimize potential hydraulic difficulties with each system and to reduce program costs. During the previous engineering analysis, it was determined that it was not in the best interest of the County to assume ownership and operation of the existing gravity and. pumpe�d, systems "in, .each location because: the system components require extensive. renovations and or replacement. Recent correspondence with each of the home owners associations has indicated a desire for the County to reevaluate the current conditions of each of the systems and update the previously prepared engineering analysis. Task 1.0 - Site Visits and Data Gathering This task focuses on obtaining the necessary preliminary information required to update the previously prepared engineering analysis and develop an updated design technical memorandum on the study areas. Limited survey, utility locations, and geotechnical subsurface engineering will be performed, if required, on an as needed not to exceed basis. CDM will perform site visits and station analyses by engineers of required disciplines escorted by County current and future hydraulic design conditions for these areas and for the receiving master pump stations will be determined. Task 2.0 - Preliminary Engineering __EDM will provide an on two analysis -of the-eolleetien s, A-1 mh2338.doc 1. The upgrading of the existing gravity collection systems and submersible lift stations and replacement of the force mains. 2. The abandonment of the existing traditional type sewer system and replace with an alternate technology such as vacuum or low-pressure sewer systems. CDM will provide an update of the previously provided opinion of permitting requirements and probable cost for each option in a 20-year present worth analysis with itemized costs. Non- economic factors approved and weighted by the County will be included. Estimated cost impacts on a system -wide basis will be calculated (cost per EDU). Task 3.0 - Deliverables and Meetings CDM will prepare six copies of the draft updated technical memorandum stating the findings and recommendations of these analyses and applicable sketches, drawings, and tables. Review comments will be addressed and included in the final version of the updated technical memorandum. Monthly meetings will be attended with County staff to discuss specific project requirements and an additional meeting with the President's Council are budgeted. TIME OF COMPLETION The design services as scoped shall be completed in draft form within 90 days of the notice to proceed. Comments will be incorporated and a final updated technical memorandum will be completed within 30 days of the receipt of review comments. A-2 mh2338.doc EXHIBIT B PROJECT BUDGET ST. LUCIE COUNTY SOUTH HUTCHINSON ISLAND WASTEWATER FACILITIES PROJECT DESCRIPTION: Update of Holiday Out and Nettles Island Engineering Analysis Category Hours Total Officer 9 Principal/Associate 20 Senior Professional 48 Professional II 79 Professional I 18 Senior Support Services 8 Staff Support Services 42 Project Administration 42 264 TOTAL LABOR COST OTHER DIRECT COST Travel 500 Copying and Printing 500 Miscellaneous 11000 TOTAL OTHER DIRECT- COSTS OUTSIDE PROFESSIONALS TOTAL ESTIMATED COSTS TOTAL LUMP SUM AMOUNT, USE $27,910 $2000. $5,000 $34,910 34 910 B-1 mh2336.doc j TO: Board of County Commissioners SUBMITTED BY: Community Services AGENDA REQUEST ITEM NO: C a a DATE: February 21, 2006 Regular[ ] Public Hearing [ } Consent [X ] PRESENTED BY: Beth Ryder, Director( f SUBJECT: Approval of purchase of a replacement telephone system for the Community Services Department, which will be compatible with the new system currently being installed. BACKGROUND: For several years, Community Services has been working with a donated phone system. The Department was to be upgraded in conjunction with the Juvenile Courthouse upgrade, which has been delayed. Due to the growth of Community Services and its' programs, it is necessary to proceed. The purchase will be funded with grant funds and boarding fees. FUNDS AVAIL: 001-6420-564000-6901 (Machinery and Equipment) 185008-6420-564000-600 (Machinery and Equipment) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the purchase of a replacement telephone system for the Community Services Department. COMMISSION ACTION: pQ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 r County Attomey:x Originating Department: Finance:x Check for copy only, if applicable CONCU Doublds M. Anderson County Administrator CoordinationrSianatures Management & Budgeb( Purchasing: Other Other: ran d't .,RFC,.. ,` R � � i £} � r �'`�yNy�.-.'• r � COMMUNITY SERVICES MEMORANDUM #06- 75 TO: Board of County Commissioners FROM: Beth Ryder, Director"�'�f— SUBJECT: Telephone System Purchase DATE: February 21, 2006 For several years, Community Services has been woi*&g with a donated phone system. The Department was to be upgraded in conjunction with the Juvenile Courthouse upgrade, which has been delayed. Due to the growth of Community Services and its' programs, it is necessary to proceed. The purchase will be funded with grant funds and boarding fees. STAFF RECOMMENDATION: Staff recommends that the Board approve Equipment Request number EQ06-244 and Budget Amendment Number BA06-129 in the amount of $9,500 for the purchase of a replacement telephone system for the Community Services Department. BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Community Services PREPARED DATE: 2/14/2006 AGENDA DATE: 2/21/2006 TO: 001-6420-564000-6901 FROM: 001-6420-534000-6901 185008-6420-534000-600 REASON FOR BUDGET AMENDMENT: CONTINGENCY BALAN THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: Machinery & Equipment $4,750 Machinery & Equipment $4,750 Other Contractual Services for n/a n/a BA06-129 Services 750 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2005-2006 DEPARTMENT: Community Services RECOMMENDED: YES NO REVISED DIVISION: APPROVED: YES NO REVISED y`�v Yi F 2 k'`". � _ i.� 3 'Lg f }+art '� $�,•, p.n �µ 4 �k��.� �+in EQUIPMENT: Telephone System ADDITIONAL COSTS11 BUDGET AMOUNT: $9,500 NEW X REPLACEMENT YES XN, yO JUSTIFICATION: A replacement telephone system is needed for the Community Services department, which will be compatible with the new system currently being installed at the Juvenile Courthouse. Account: 001-6420-564000-6901 $4,750 185008-6420-564000-600 $4,750 EQUIPMENT REQ#: E006-244 ACCOUNT#: see above AGENDA REQUEST ITEM NO. C-813 DATE: February 21, 2006 REGULAR[] PUBLIC HEARING [ ] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Community Services Jody Bon A sistant Director SUBJECT: Request for Board approval and authorize the Chair to sign the Joint Participation Agreement with the Florida Department of Transportation for $150,000 for a Park and Ride lot. and approve Resolution No. 06-81. BACKGROUND: The Florida Department of Transportation Park and Ride grant is for the development of a Park and Ride at the Ft. Pierce 8th Street and Avenue D project. This grant is for $150,000 and does not require a match. The County has already received a $225,000 grant from FDOT for an intermodal project at the same site. The Ft. Pierce Redevelopment Agency will assist in the match toward the intermodal project with an interlocal agreement coming to the BOCC in the nearfuture. The goal is to develop a nice looking transit transfer area adjacent to the Moore's Creek Greenway with a small park and ride lot complete with bicycle racks. Acquisition will begin soon on the four parcels located on the south east corner of Avenue D and 8th Street. Planning and design will begin as soon as the parcels are acquired. FUNDS AVAILABLE: No match required. PREVIOUS ACTION: On March 22, 2005, the BOCC authorized the Chair to sign the JPA for the $225,000 FDOT intermodal grant. RECOMMENDATION: Authorize the Chair to sign the Joint Participation Agreement with the Florida Department of Transportation for $150,000 for a Park and Ride lot. and approve Resolution No. 06-81. COMMISSION ACTION: APPROVED 0 DENIED 0 OTHER: Approved 5-0 CONCUR CE: Dou las M. Anderson County Administrator Review and Approvals 1 l County Attorney: Management & Budget: f urchasing: Originating Dept: Other: Other: Finance: (Check for Copy only, if applicable) Effective: 5/96 RESOLUTION NO.06-081 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA AUTHORIZING THE COMMISSION CHAIR TO EXECUTE AND FILE A JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT 4, IN THE AMOUNT OF $150,000 FOR CONSTRUCTION OF FORT PIERCE PARK AND RIDE LOT. WHEREAS, the Florida Department of Transportation, District 4, and the Board of County Commissioners of St. Lucie County, Florida, desire to participate jointly to implement a grant to provide for a service development plan. WHEREAS, Park and Ride Improvements will benefit the residents, businesses and visitors in the County. WHEREAS, public transportation is vital to the quality of life and economic well-being of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. That the Chair of the St. Lucie County Board of County Commissioners is hereby authorized to execute and file a Joint Participation Agreement with the Florida Department of Transportation, District 4, in the amount of One Hundred Fifty Thousand Dollars ($150,000). 2. Effective date: This Resolution shall become effective upon its adoption. After motion and second, the vote on this resolution was as follows Chairman Doug Coward XXX Vice Chair Chris Craft XXX Commissioner Paula A. Lewis XXX Commissioner Joseph E. Smith XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this day of 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK By: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS By: COUNTY ATTORNEY Florida Department of Transportation JEB BUSH OFFICE OF MODAL DEVELOPMENT GOVERNOR 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 Phone: (954) 777-4490 Fax: (954) 677-7892 February 01, 2006 Ms. Jody Bonet Transit Manager St. Lucie Board of County Commissioner 437 North 7th Street Fort Pierce, Florida 34950 Subject: FM No.: 418257-1-94-01 County: St. Lucie Description: Construction of Ft. Pierce Park and Ride lot Dear Ms. Bonet: DENVER J. STUTLER, JR. SECRETARY Enclosed are five (5) copies of the Joint Participation Agreement (JPA) for the referenced project. Please execute and return all five (5) copies to this office. We also need two (2) copies of a Resolution, with original signatures, authorizing the Agreements. Both Resolutions and Agreements must be original signature documents . Please do not fill in the dates on the Agreements, as the District Director of Transportation Development will do this upon final execution. Should you have any questions, please contact me at (954) 777-4670. Enclosure(s) www.dot.state.fl.us Sincerely, J� o1 Lisa Peterson Transit Planning Coordinator Office of Modal Development 0--MD OFFICE OF MODAL DEVELOPMENT STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT Financial Project No.: Fund: DS 41825719401 Function: 680 (item -segment -phase -sequence) N/A Federal No.: _ Contract No.: DUNS No.: Catalog of Federal Domestic Assistance Number: N/A Catalog of State Financial Assistance Number: 55011 725-030-06 PUBLIC TRANSPORTATION 01 /06 Page 1 of 11 THIS AGREEMENT, made and entered into this day of FLAIR Approp.: 088774 FLAIR Obj.: 750011 Org. Code: 55042010429 Vendor No.: 596000835084 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida hereinafter referred to as the Department, and St. Lucie County Board of County Commissioners 2300 Virginia Avenue hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before 06/08/2008 and this Agreement will expire unless a time extension is provided in accordance with Section 18.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 341 Florida Statutes, to enter into this Agreement NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide funding to St. Lucie County Board of County Commissioners for all cost associated with the construction of the Avenue D. and 8th Street Park and Ride Lot. and as further described in Exhibit(s) A, B, C attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 725-030.06 PUBLIC TRANSPORTATION 01106 Page 2 of 11 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 150,000.00 This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 150,000.00 not to exceed % of the total project cost as detailed in Exhibit "B". 4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding O is (j) is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage : Retainage O is G is not applicable. If applicable, percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 725-030.06 PUBLIC TRANSPORTATION 01 /06 Page 3 of 11 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request , any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein- collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. 725-030-06 PUBLIC TRANSPORTATION 01106 Page 4 of 11 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District 4 Public Transportation Office 3400 W. Commercial Blvd. Ft. Lauderdale, FL FL 33309-3421 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Section 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 8.13 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 725-030-06 PUBLIC TRANSPORTATION 01 /06 Page 5 of 11 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities "and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency 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 in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 725-030-06 PUBLIC TRANSPORTATION 01 /06 Page 6 of 11 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 12.40 The Agency agrees to report any grievances filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the. carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 725-030-06 PUBLIC TRANSPORTATION 01 /06 Page 7 of 11 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 13.70 The Agency agrees to report any grievances filed under this section to the Department within 30 days of receipt of the Agreement. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the* securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 725-030-06 PUBLIC TRANSPORTATION 01 /06 Page B of 11 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facilityequipment ui ment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement.. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 725.030-06 PUBLIC TRANSPORTATION 01 /06 Page 9 of 11 17.20 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before 06/08/2008 If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Director of Transportation Development . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any.federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal 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. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section 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. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 725-030-06 PUBLIC TRANSPORTATION 01106 Page 10 of 11 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency 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 Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Department of Financial Services Hotline, 1-800-848-3792. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime 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, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed 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, or consultant under a contract with any public entity, and may not transact business with any public entity. Financial Project No. Contract No. Agreement Date 725-030.06 PUBLIC TRANSPORTATION 41825719401 01 /06 Page 11of11 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY St. Lucie County Board of County Commissioners AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION District Director of Transportation Development TITLE FM NO. 418257-1-94-01 CONTRACT NO. EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Dated: PROJECT LOCATION: St. Lucie County, Florida PROJECT DESCRIPTION: The purpose of this Agreement is to provide funding to St. Lucie County Board of County Commissioners for all cost associated with the construction of the Avenue D. and 81h Street Park and Ride Lot in the City of Fort Pierce. There will be approximately ten parking spaces, a drop-off area, bike racks and an information kiosks and benches. Since the northeast corner of the site has a huge live oak tree, it will be preserved as a natural shade area for the benches. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: The Department has 10 working days to review invoices after receipt of invoice package and corresponding progress report. S:\OMD\4830 Transit\Misc. JPA forms\JPA Exhibits.doc SAOMD\4830 Transit\Misc. JPA forms\JPA Exhibits.doc FM NO. 418257-1-94-01 CONTRACT NO. EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONER Dated: I. PROJECT COST: Expenses related to Master Plan study. II. PARTICIPATION: Maximum Federal Participation FTA, FAA Agency Participation In -Kind Cash Other $150,000.00 Maximum Department Participation, Primary (D) (DDR) (DIM)(PORT)(TOP) ( 100%) or $ 150,000.00 Federal Reimbursable (DU)(CM)(DFTA) ( %) or$ Local Reimbursable (DL) ( %) or $ TOTAL PROJECT COST $ 150,000.00 FM NO. 418257-1-94-01 CONTRACT NO. EXHIBIT "C" This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, dated: Reference statues as applicable. Chapter 341 DOCUMENTS REQUIRED TO BE SUBMITTED TO THE DEPARTMENT BY THE AGENCY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT: All proposals, plans, specifications, and 3Td party contracts covering the project for Departmental approval. 2. Copies of all correspondence related to this project. 3. Audit Reports as described in Section 7.60 of this JPA. 4. Quarterly Prozress Reports provided within thirty (30) days of the end of the quarter. Three (3) original Invoice Summaries and backup information including a progress report must be submitted to the District Office when requesting payment. AGENDA REQUEST ITEM NO. C-8C TO: Board of County Commissioners DATE: February 21, 2006 REGULAR[] PUBLIC HEARING [I CONSENT[)] SUBMITTED BY (DEPT): Community Services ~4 Jody Boni , , Asistant Director r SUBJECT: Request for Board approval and authorize the Chair to sign the Grant Agreement with the Association for Retarded Citizens (ARC) authorizing the County to provide an $8,000 match to a 5310 Bus Purchase Grant. BACKGROUND: The Florida Department of Transportation has awarded a grant in the amount of $72,000 to the Association for Retarded Citizens (ARC). The Executive Director has requested the Community Services Department to provide an $8,000 match to the grant (letter attached). Since there are funds available in the Medicaid Boarding Fee Account, staff recommends use of these dollars toward the match. The purchase of the bus is consistent with the goals of providing a coordinated system for St. Lucie County residents. The BOCC has approved matches for the 5310 grant program in the past. FUNDS AVAILABLE: Match will be provided from Medicaid Boarding Fees Account #00 1 -6420-534000- 6902 (Contractual Services). PREVIOUS ACTION: The BOCC has provided the match toward bus purchases in the past. RECOMMENDATION: Authorize the Chair to sign the Grant Agreement with the Association for Retired Citizens (ARC) authorizing the County to provide an $8,000 match to a 5310 Bus Purchase Grant. COMMISSION ACTION: UUNUUK Ur-: APPROVED 0 DENIED 0 OTHER: Approved 5-0 Dougl M. Anderson County Administrator Review and Appr&als County Attorney: Management & Budget: '4�"urchasing: Originating Dept: Other: Other: Finance: (Check for Copy only, if applicable) Effective: 5/96 ADULT DAY TRAINING - VOCATIONAL TRAINING Q EMPLOYMENT (772) 468-7879 FAX (772) 465-7050 SUPPORTED INDEPENDENT LIVING - GROUP HOMES WEBSITE: www.arclink.org T e After-School/SUMMER CAMP EMAIL: slarc@gate.net =rC P.O. Box 1016 — Fort Pierce, Florida 34954-1016 The Arc of St. Lucie County, Inc. has been accredited by CARF for the following: vM 4M ! Employment and Community Services: Community Employment Services Q "~ ^� RECEI�EO �:� 1 Community Services: Cott, Personal and Social Services co r�� ¢j Community Living Services c— January 15, 2006 Beth Ryder, Director �� wd Wy 437 North 70, St. St. Lucie County Community Services Fort Pierce, Florida 34950 Dear Beth: Per our previous conversation, I thought my office submitted our request for County match funds for the purchase of a 5310 vehicle. I recently found out that did not occur and your office is not in receipt of the request. FDOT originally awarded The Arc $65,000 for a bus with lift in May of 2005. The Arc requested an award increase to $80,000 that was granted in October 2005. I have enclosed the FDOT Notice of Grant Awards. At this time, we are in need of matching funds of $8,000. I am in the process of procuring the vehicle and expect a delivery date around June of 2006. Please contact me regarding the possibility of County match funds and how we should proceed. Thank you for,your assistance with this matter. Sincerely, ._s f - Cheryl King Executive Director, Sponsored by The Arc of St. Lucie County, Inc. and The State of Florida 1w,BLE nomA otxwerM�xn or CITY OF Y� eHILDREN IRcc ® - lJ &" FAMiL1Es FT. PIERCE 1RUST mem aroa Camunn caiaw Flo rdu l)pu.nn qr 1+n .,r�nntnm Florida Department of Education Vocational Rehabilitation Services &,--L-- -i All/' /CI --:J- 0 TL- A -- -L sL_ 11-:1-J fi -- -- Florida Department of Transportation JEB BUSH OFFICE OF MODAL DEVELOPMENT JOSE ABREU GOVERNOR 3400 West Commercial Boulevard - - . -SECRETARY Fort Lauderdale, Florida 33309-3421 TELEPHONE: (954) 777-4490; FAX: (954) 677-7892; TOLL FREE: (866) 336-8435 NOTICE OF GRANT AWARD Based on the Agency's Application for Federal Assistance under U.S.C. Section 5310 dated January 31, 2005 , on file with the Department, the Florida Department of Transportation hereby makes the following grant award to: Description 1— 25' bus in Chassis with lift ARC of St. Lucie County Inc. P.O. Box 1016 Fort Pierce, FL 34954 Estimated Value $65,000.00 Estimated Matching Funds Required $6,500.00 The Agency will be responsible for contacting the FDOT Contractor to arrange purchase of the above items. (Cindy Wooten at CUTR 813-974-9771) FLORIDA DEPARTMENT OF TRANSPORTATION Award Approved by Date: I at r Name and Title Nancy A Ziegler, District Modal Development Administrator ACCEPTANCE OF GRANT AWARD The undersigned accepts the above -described award and: (Check all appropriate) a. applic on b. Reaffirms its assurances to FTA and FDOT as stated in Exhibits F, G, and H of its Requests purchase of the vehicles/equipment in ( )• Mont Year AGENCY: Accepted Typed Na www.dot.state.fl.us ® RECYCLED PAPER -------------------- } Florida Department of Transportat' n�117. 6 1 JEB BUSH OFFICE OF MODAL DEVELOPMENT DENVER J. ST JR. GOVERNOR 3400 West Commercial Boulevard SECRETAARYRY Fort Lauderdale, FL 33309-3421 Phone: (954) 777-4490 Fax: (954) 677-7892 NOTICE OF GRANT AWARD AMENDED Based on the Agency's Applicationo Federal ODated January 31 2005, on file with theDepartment, the Florida Department of Transportation hereby makes the following grant award to: ARC of St. Lucie County Inc. P.O. Box 1016 Fort Pierce, FL 34954 Description Estimated Value 1-31' Bus w/WC $80,000 Estimated Matching Funds Required $8,000 The agency will be responsible for containing the FDOT Contractor to arrange purchase of the above items. (Cindy Wooten at CUTR 813-974-9771) FLORIDA DEPARTMENt OF TRANSPORTATION Award approved by Date: Sign re - Name and Title: Nancy A. Zie ler District Modal Develo ment Administrator ACCEPTANCE OF GRANT AWARD The undersigned accepts the above -described award and: (Check all appropriate) a. Reaffirms its assurance to FTA and FDOT as stated in Exhibits F, G, and H of its application _b. Requests purchase of the vehicles/equipment in ( M ! _year"J -) C ' AGENCY: 1 � , � s _ �... may,✓ i ... Date Accepted by ' (signatu Typed Name and Title:` wwwAot.state.fLus OMD OFFICE OF MODAL DEVELOPMENT I GRANT AGREEMENT THIS AGREEMENT, made this day of , 2006, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and ARC OF ST. LUCIE COUNTY, INC., or its successors, executors, administrators, and assigns hereinafter called "ARC": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to ARC a grant in a total amount not to exceed Eight thousand and 00/100 dollars ($8,000.00) as local matching funds pursuant to the 2004-2005 49 U.S.C. Section 5310, formerly Section 16, grant contract with the Florida Department of Transportation and the ARC, hereinafter referred to as the "Grant Contract". Payment to ARC shall be made in one lump sum payment within twenty (20) days after ARC provides the County Community Services Director with a copy of the vehicle registration and title for the vehicle purchased under the Grant Contract. 2. The grant shall be used only as set forth in the Grant Contract, incorporated herein by reference. The vehicle purchased under the Grant Contract shall be titled in the name of ARC. 3. ARC shall have internal controls adequate to safeguard the grant. 4. If the grant can not be used or a subsequent audit reveals the grant was not used according to the Grant Contract and/or this Agreement, any money not so used shall be reimbursed to the County. 5. ARC shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of monies disbursed pursuant to this Agreement. ARC shall submit all documents required under this paragraph within ninety (90) days after the end of its last fiscal year during which funds are expended under the Grant Contract. 6. ARC gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of ARC involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. ARC is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. ARC shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by ARC or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. ARC hereby acknowledges that the payments made under 1 this Agreement include specific consideration for the indemnification provided herein. 8. ARC agrees to comply with all local, state and federal laws, rules and regulations. 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: TO THE COUNTY: St. Lucie County Administrator Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 WITH COPY TO: St. Lucie County Attorney Administration Annex 2300 Virginia Ave., 3rd Floor. Fort Pierce, Florida 34982 TO ARC: ARC of St. Lucie County, Inc. 616 Atlantic Avenue Fort Pierce, Florida 34950 11. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, ARC agrees to use said forms. 12. ARC represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311 (2003) and as may be amended from time to time. ARC further represents that no person having any interest shall be employed for said performance. ARC shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence ARC's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that ARC may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by ARC. The County agrees to notify ARC of its opinion by certified mail within thirty (30) days of receipt of notification by ARC. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by ARC, the County shall so state in the notification and shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by ARC under the terms of this Agreement. 13. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 14. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 15. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 16. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. WITNESSES: ST. LUCIE COUNTY, FLORIDA 131 COUNTY ADMINISTRATOR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: ARC OF ST. LUCIE COUNTY, INC. BY: SECRETARY PRESIDENT (SEAL) TO: SUBMITTED BY (DEPT): SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION COMMISSION ACTION: it APPROVED 0 DENIED 0 OTHER: Approved 5-0 AGENDA REQUEST ITEM NO. 9 Board of County Commissioners Administration Commissioner Smith has requested on Contractor Licensing Board. DATE: February 21, 2006 REGULAR 0 PUBLIC HEARING 0 CONSENT [X] derson County Administrator erek]Foxx serve as his appointee Kenny Hogan resigned from the Contractors License Board on December 28, 2005. N/A N/A Staff recommends that the Board ratify Commissioner Smiths' appointment of Derek Foxx to the Contractors Licensing Board. CONCURR E: o s M. Anderson County Administrator Review and Approvals County Attorney: Management & Budget: Purchasing: _ Originating Dept: Other: Other: Finance: (Check for Copy only, if applicable) Effective: 5/96 itor 'Contractor Licensing Board r 1 From: Carin Smith To: Stiadle, Missy Date: 2/15/2006 4:01:16 pm Subject: Contractor Licensing Board We FINALLY found someone for this board: Derrick Foxx (Assistant Fire Marshall for SLC) 462-8331 - wk I left him a message to call with his other contact info, and I've let Swendy know that we've found someone. Can you make sure he gets on the next available agenda? Thanks... CCS Carin Smith, Executive Aide Joseph E. Smith District 1 St. Lucie County Board of Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982-5652 (772) 462-1410 AGENDA REQUEST Y • COUNTY F L O R I D A TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Public Safety ITEM NO. C-10 DATE: February 21, 2006 REGULAR[] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: Jack T. Southard Director SUBJECT: Professional Services Agreement with the Treasure coast Regional Planning Council -Update of Comprehensive Emergency Management Plan BACKGROUND: See attached memorandum FUNDS AVAILABLE: Funds will be available through the Homeland Security Grant #001173-2510-534000-200 PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Professional Services Agreement with the RPC and authorize the Chairman to sign the Agreement. COMMISSION ACTION: ] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Administrator _ Review and Approvals County Attorney: r 4anagement & Budget f `/ urchasing: _ Originating Dept. G 4 Public Works Dir: County Eng.: Finance: (Check or copy only, if applicable) Eff. 5/96 'COUNTY • R I • TO: Board of County Commissioners INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA FROM: Jack T. Southard, Public Safety Director DATE: February 13, 2006 SUBJECT: Professional Services Agreement with the Treasure Coast Regional Planning Council -Update of Comprehensive Emergency Management Plan BACKGROUND: The County entered into a grant agreement with the State of Florida Department of Community Affairs wherein the Department provided the County with $159,116.00 to update the County's Comprehensive Emergency Management Plan (CEMP). The work must be completed by March 31, 2006. County staff contacted the staff of the Treasure Coast Regional Planning Council (RPC) to assist in the updating of the Terrorism Incident Response Plan Annex to the CEMP and the Continuity of Operations Plan. Attached to this memorandum is a copy of a proposed Professional Services Agreement between the County and the RPC wherein the County would agree to pay RPC $30,000.00 in grant funds to perform the work set out in the Agreement. RECOMMENDATION/CONCLUSION : Staff recommends that the Board approve the Professional Services Agreement with the RPC and authorize the Chairman to sign the Agreement. Respectfully submitted, 4 "k tSouthardafety Director JTS/caf Attachment PROFESSIONAL SERVICES AGREEMENT BETWEEN ST. LUCIE COUNTY AND THE TREASURE COAST REGIONAL PLANNING COUNCIL FOR UPDATE AND REVISION OF THE CONTINUITY OF GOVERNMENT (COG) AND THE CONTINUITY OF OPERATIONS PLAN (COOP) AND TERRORISM ANNEX TO THE COMPREHENSIVE EMERGENCY MANAGEMENT PLAN This agreement entered into on the date specified herein by and between St. Lucie County, Florida, hereinafter referred to as the "County" and the Treasure Coast Regional Planning Council (TCRPC), hereinafter referred to as the "Council". The purpose of this Contract Agreement is to provide the basis under which the County and Council agree to cooperate in the update and revision of the St. Lucie County "Continuity of Operations Plan" (COOP) and Terrorism Annex to the Comprehensive Emergency Management Plan. WHEREAS, The Treasure Coast Regional Planning Council authorized to provide technical assistance in the preparation, response and recovery from the impacts of disaster events to local governments in the Treasure Coast Region. WHEREAS, It is hereby declared to be in the public interest and the purpose of this Professional Services Agreement that the County and the Council jointly pledge their intention to cooperatively seek to undertake, perform and complete the technical studies required to update and revise the COOP with additional agency plans and the Terrorism Annex in accordance with state and federal regulations. NOW THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS: Specific areas of agreement to coordinate respective activities are as follows: ARTICLE 1 SCOPE OF SERVICES The TCRPC shall furnish the necessary personnel, materials, services and facilities (except as otherwise provided herein) and shall do all things necessary for or incident to the performance of work and services set forth in this Agreement and in the Scope of Services attached hereto and incorporated by reference as Attachment A of this Agreement. The Agreement shall begin on the last day of signing and shall end on March 31, 2006. The Agreement shall be extended without further action if the County Agreement with the Department of Community Affairs is extended. The Council shall provide all staff services to the County for the COOP and Terrorism Annex compilation as identified in Attachment A and made part of this agreement. The Council shall be bound by the Agreement with the County and requirements of the Florida Department of Community Affairs (DCA) specified in DCA contract number 05DS-2N-10-66-01. The Council shall commence and complete the project with all practical dispatch and in accordance with the provisions herein. ARTICLE II COMPENSATION AND METHOD OF PAYMENT Compensation to the Council shall be an amount of S 30,000.00 The County will pay compensation at the end the contract Agreement period based on completion of activities identified in the scope of work (Attachment A). The submission of all deliverables listed therein within the scheduled time frame, and a determination by the County that the submittal has satisfactorily completed the pertinent activities and deliverables. The TCRPC will be paid 100% of the total contract amount at the end of the Agreement contract period. Request payment procedures for this contract are provided in Attachment B, and an invoice shall be initiated by the Council following submission of the final revised and updated Continuity of Operations (COOP) and Terrorism Annex. ARTICLE III INDEPENDENT CONTRACTOR The TCRPC shall perform and render such work as an independent contractor and not as an agent, representative or employee of the County. Such work shall be performed in a proper manner, satisfactory to the County. ARTICLE IV CONTROLLING LAW / LIABILITY This contract is to be governed by the laws of the State of Florida. The TCRPC will hold harmless St. Lucie County against all claims of whatever nature arising out of the TCRPC's performance of work under this Agreement with St. Lucie County to the extent allowed and required by law. St. Lucie County shall hold harmless the Council against all claims of whatever nature arising out of the performance of work under this Agreement with the County to the extent allowed and required by law. ARTICLE V TERMINATION This Agreement may be terminated for reason by either the County or the Council In the event of termination, the TCRPC shall be paid for services performed to the termination date, on a proportionate basis. Without waiving their rights to terminate this 2 contract, the County may delay, withhold or adjust payments under this contract. And the TCRPC may delay or withhold its services in an attempt by each party to give the other party an opportunity to fulfill its obligations or to correct any violation of this contract. All finished or unfinished documents, data, correspondence, and reports and maps prepared by the TCRPC staff under this contract agreement shall be delivered to the County. ARTICLE VI ASSIGNS & THIRD PARTY CONTRACTS The TCRPC and St. Lucie County each binds itself and its partners, successors, executors, administrators, assigns and legal representative of such party, in respect to all covenants and obligations of this contract. Nothing herein shall be construed to give any rights hereunder to anyone other than the TCRPC and St. Lucie County. Except as otherwise authorized in writing by the County, the Council shall not execute any contract or obligate itself in any other manner with any third parry with respect to the project. It is understood and agreed to that no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the concurrence of the County and the Council, anything to the contrary in this Agreement notwithstanding. ARTICLE VII REPORTING REQUIREMENTS AND REIMBURSEMENTS A final report shall be submitted for each Plan in accordance with this Agreement and Section VII, Reporting Schedule, of this Scope of Work. ARTICLE VIII ADDITIONAL CONSIDERATIONS It is not the intent of this Agreement to specify all areas that can or should be effectively coordinated. This Agreement will serve as documentation of minimum compliance with the above sections and more generally to serve as a joint pledge of cooperation realizing the mutual benefit to be derived for effectuating a close and realistic working relationship. ARTICLE IX AUDIT AND INSPECTION The Council shall permit the County to inspect all work, payrolls, records, invoices, and other relevant data; and to audit the books, records and accounts of the Council pertaining to the development of ' the project. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request. ARTICLE X NONDISCRIMINATION The Council shall comply with federal regulations relative to non-discrimination in federally assisted programs. The Council will not discriminate on the grounds of race, color, religion, sex or national origin. CONTRACT SIGNATURES AND DATE This agreement and its referenced attachments constitute all the terms and conditions agreed upon by the parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date written below. FOR THE COUNTY: ST. LUCIE COUNTY Authorized County Official Name/Title Date FOR THE COUNCIL: TREASURE COAST REGIONAL PLANNING COUNCIL BY: Michael Busha Name/Title Date 4 ATTACHMENT A SCOPE OF WORK CONTINUITY OF OPERATIONS The Treasure Coast Regional Planning Council will provide services for St. Lucie County in the expectation of meeting the requirements of the Department of Community Affairs contract with the County for the update and revision of the St. Lucie County Continuity of Operations Plan (COOP) and the development of additional COOP elements and an update of the Terrorism Annex. This is a sub -contract between the County and the Council. The intent is for the Council to complete the Scope of Work required under the original County Contract with the State. In all cases where this contract is inconsistent with the Scope of Work with the County/State Contract, the County/State contract shall be the Scope of Work. PURPOSE The purpose of this contract is to update and revise the existing St. Lucie County Continuity of Operations Plan (COOP) and develop a COOP element plan for additional agencies within the county. This contract also includes the update and revision to the Terrorism Annex to the Comprehensive Emergency Management Plan (CEMP), by way of informational update and revision of the Annex. These plan updates will facilitate county use by functions, processes or agencies of St. Lucie County that will help establish policies and provide guidance to ensure the execution of St. Lucie County's mission essential functions in the event of a disaster. The COOP plan will provide guidance, that should any agency of the County be incapacitated, and/or the relocation of personnel or functions be required, those functions or personnel are able to fulfill their missions. The following two documents will be developed or updated: 1) St. Lucie County Terrorism Incident Response Plan Annex to the St. Lucie County Comprehensive Emergency Management Plan (CEMP). This will be the guiding document for responding to terrorist incidents, including those involving Weapons of Mass Destruction (WMD). The Annex will be designed in accordance with Regional, State and Federal Plans, guidance and requirements. The Annex will address the roles and responsibilities of all appropriate agencies in the event of a terrorist incident. The Annex will be organized in accordance with, and contain at a minimum, the information outlined in the Federal Emergency Management Agency (FEMA) Planning Guidance. 2) St. Lucie County Continuity of Operations Plan (COOP). This Plan is to ensure the execution of County mission essential functions without interruption in the event of any emergency or event. The COOP Plans shall be updated using an all -hazards approach which includes localized acts of nature, accidents, technological and/or terrorist related incidents. To provide for the 5 citizens of St. Lucie County, COOP planning addresses six critical services: Fire/Rescue, Police/Sheriffs Offices, Emergency Management, 911 Communications, EMS/Ambulance, and Public Works/Engineering. The Plan shall be updated in accordance with the Continuity of Operations Implementation Guidance, dated September 9, Chapter No. 2002-43, Florida Law, and the Division of Emergency Management's training course entitles Continuity of Operations: Elements of Viability. I. WORK PRODUCTS This is a sub -contract between the County and the Council. The intent is for the Council to complete the Scope of Work required under the original County Contract with the State. In all cases where this contract is inconsistent with the Scope of Work with the County/State Contract, the County/State contract shall be the Scope of Work. The Council shall provide one printed copy and digital information (compact disc or similar) of the COOP and Terrorism Annex to the County consistent with the Reporting Schedule in Attachment A, quarterly reporting. The County will be responsible for contract maintenance between DCA and the County. II. COOPERATION The following individuals shall be the primary contact persons under this Agreement: St. Lucie County Mr. Don Daniels Emergency Management Coordinator St. Lucie County Emergency Management 101 N. Rock Road Fort Pierce, Florida 34945 (772) 461-5201 E-mail: donaldd2stlucieco.gov Treasure Coast Regional Planning Council Ms. Kathryn E. Boer Emergency Management Coordinator/Regional Planner Treasure Coast Regional Planning Council 301 East Ocean Blvd. Stuart, Florida 34994 (772) 221-4060 E-mail: kboerntcrpc.M C.1 III. PLAN REVISION OF TERRORISM INCIDENT RESPONSE PLAN ANNEX 1) Acquisition contact list of specific local, regional and state agencies that will be involved in the update and revision of the St. Lucie County Annex. These include but are not limited to St. Lucie County agencies: Fire District Local Emergency Management Agencies Local Law Enforcement State of Florida Correctional Facilities Federal Agencies Health Care Providers Not -for -Profit Agencies Public Works Agencies Other Agencies as necessary 2) Set up one (1) meeting with the applicable agencies above to review existing plan for deficiencies, standard operating procedures updates and corrections. Evaluate existing plan for overall interdependency and operability. Incorporate changes. 3) Review of informational materials from applicable Federal, state and local plans. This will include but is not limited to: National Incidents Management System Plan (NIMS), the National Response Plan (NRP), Regional Domestic Security Task Force Response Plan (RDSTF), St. Lucie County Comprehensive Emergency Management Plan (CEMP) and local Standard Operating Procedures and/or Standard Operating Guidelines (SOPS/SOGs). . 4) A project timeline will be established to provide for how and when the revision of the Terrorism Annex shall be completed. This includes a thirty (30) interim report with goals for the update. Referenced in Attachment B. 5) Revision of the current County Terrorism Incident Response Plan Annex in accordance with Regional, State and Federal Plans utilizing FEMA planning guidance provided. Set up of second meeting for review and comments of draft document. Submission of a draft Annex to the County for submission to the Department for review prior to the finalization in accordance with the Reporting Schedule Attachment B. 6) Submission of the final version of the St. Lucie County Terrorism Incident Response Plan Annex to the County in accordance with the Reporting Schedule, Attachment B. 7) The County will incorporate the Terrorism Incident Response Plan Annex into the St. Lucie County CEMP. 7 IV. REVIEW AND UPDATE OF CONTINUITY OF OPERATIONS PLAN (COOP) 1) Review of the County Emergency Management Plan (CEMP), the Standard Operating Procedures (SOPs) and the Emergency Support Functions (ESF) operations will be made to identify the current status of interdependency and operation during disaster events within the County. 2) Acquisition of contact list to set up one (1) meeting with the six critical facilities to review existing plan for any additional and updated information. 2) Codes and regulations will be reviewed that will have impacts on the planning process and plan development that are general to the County operations but specific to critical services. 3) Integration of Plans to the existing COOP Plan, review for update of protocols and procedures in the implementation of the COOP. Review of informational materials from applicable Federal, state and local plans. This will include but is not limited to: National Incidents Management System Plan (NIMS), the National Response Plan (NRP), Regional Domestic Security Task Force Response Plan (RDSTF), St. Lucie County Comprehensive Emergency Management Plan (CEMP) and local Standard Operating Procedures and/or Standard Operating Guidelines (SOPS/SOGs). 4) Update and revision of the COOP Plans for each of the six critical services. a) Ensure that the County is prepared to respond to emergencies, recover and mitigate against impacts, including relocation of services. b) Stages of implementation will be developed to assure that the County is prepared to provide critical services in an environment that is threatened, diminished, or incapacitated. c) Provide a means of information coordination to the County government to ensure uninterrupted communication within the internal organization of the County and externally to all identified critical customers. d) Provide timely direction, control, and coordination to the County leadership and other critical customers before, during and after an event or upon notification of a credible threat. e) Establish and provide a plan for time -phased activation of alternate activities and procedures to provide sufficient operation capabilities relative to the threat or event for the County. f) Facilitate through procedure the return to normal operating conditions as soon as practical, based on the circumstances of the threat or event. g) A review of the State of Florida Comprehensive Emergency Management Plan to ensure the viability and operational compatibility will be made. 6) Utilize essential elements of viability to ensure a baseline of preparedness across the full range of potential emergencies. a) Plans and procedures 8 b) Mission essential functions c) Delegations of Authority d) Orders of Succession e) Alternate facilities f) Interoperable Communications g) Vital Records and Databases h) Logistics and Administration i) Personnel Issues and Coordination j) Security, Test, Training and Exercise 1) Program Management 7) Assist the County in the update of the concept of operations for the COOP Plans which can: • Be maintained at a high level of readiness; • Be capable of implementation both with or without warning; • Be operational no later than 12 hours after activation; • Maintain sustained operations for up to 30 days; and • Take maximum advantage of existing County infrastructures. 8) Assist the County in the preparation of COOP Plans that will assign responsibilities, establish procedures, and focus on the following objectives: • Ensure the safety of personnel and visitors; • Provide for the ability to continue essential operations; • Contain provisions for the protections of critical equipment, records, and other assets; • Maintain efforts to minimize damage and losses; • Contain provisions for an orderly response and recovery from any incident; • Serve as a foundation for the continued survival of leadership; and • Assure compliance with legal and statutory requirements. 9) Utilize a time -phase operational approach to include Activation, Alternate Operations, and Reconstitution and Termination. 11) Submit drafts of COOP Plan Update for each of the six critical services to the County for review in accordance with the Reporting Schedule, Section VII of this Scope of Work. 12) Submit final versions of COOP Plan Update for each of the six critical services to the County in accordance with the Reporting Schedule, Section VII of this Scope of Work. REPORTING SCHEDULE ATTACHMENT B This is a sub -contract between the County and the Council. The intent is for the Council to complete the Scope of Work required under the original County Contract with the State. In all cases where this contract is inconsistent with the Scope of Work with the County/State Contract, the County/State contract shall be the Scope of Work. I. REPORTING SCHEDULE A. Final Report: 1) St. Lucie County Terrorism Incident Response Plan Annex: a) Update of Agency List for the revision of the St. Lucie County Terrorism Incident Response Plan Annex. b) Project Timeline for the revision of the St. Lucie County Terrorism Incident Response Plan Annex. c) List of completed goals d) Final updated and revised Terrorism Annex 2) St. Lucie County COOP Plan Update a) Updated Agency List for the development of the St. Lucie County COOP Plans for the six critical services: Fire/Rescue, Police/Sheriffs, Emergency Management, 911 Communications, EMS/Ambulance, Public Works/Engineering. b) Update and review completed goals for the St. Lucie County COOP Plan update. c) Final updated and revised COOP Plan ID" 11 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED. BY(DEPT): Growth Management ITEM NO. C11 DATE, February 21, 2006 REGULAR [] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: Michael Brillhart NdOAA�- Strategy & Special Projects Director SUBJECT: Development Agreement with Johnson Road Development Group, L.L.C. (Rocking Horse Ranch) BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board grant permission to advertise two public hearings for the Rocking Horse Ranch Development Agreement. COMMISSION ACTION: [� APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: Originating Dept. Finance: (Check for copy only, if applicable; uglas Anderson County Administrator Review and Approvals Management & Budget Purchasing: Public Works Dir: County En Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Michael Brillhart, Strategy & Special Projects Director DATE: February 15, 2006 SUBJECT: Development Agreement with Johnson Road Development Group, L.L.C. (Rocking Horse Ranch) BACKGROUND: Although the Board, on October 18, 2005, approved a Development Agreement with Johnson Road Development Group, L.L.C. (Rocking Horse Ranch), the Developer did provide a complete schedule of performance within the time required to record the Agreement. Aso consequence, we will need to hold new public hearings to consider the Agreement. Johnson Road Development Group, L.L.C. (Rocking Horse Ranch) has proposed to fund improvements to the intersection of Johnson Road and Indrio Road through a development agreement. These improvements are necessary to mitigate traffic impacts of the proposed Rocking Horse Ranch PUD upon the intersection. A copy of a proposed development agreement is attached. Under the terms of the proposed agreement, the Developer will pay the County Four hundred fifty thousand and 0/100 ($450,000.00) dollars to pay for the design and construction of the intersection improvements. Approval of the Agreement will require two public hearings. RECOMMENDATION/CONCLUSION : Staff recommends that the Board grant permission to advertise two public hearings. Respectfully submitted, Michae Brillhart Strategy & Special Projects Director DSM/caf Attached DVA 06-01 DEVELOPMENT AGREEMENT BETWEEN BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AND JOHNSON ROAD DEVELOPMENT GROUP, L.L.C. THIS AGREEMENT is made and entered as of this day of , 2006, by and between the BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA (the "Board"), and JOHNSON ROAD DEVELOPMENT GROUP, L.L.C., a Florida Limited Liability Company (the "Developer"). WHEREAS, the Board and the Developer recognize the following: A. This Agreement is entered into in accordance with the Florida Local Government Development Agreement Act, 163.3220-163.3243, Florida Statutes (Act), and Section 11.08.00 (Development Agreements) of the St. Lucie County Land Development Code (LDC). B. The Developer owns certain real property (Property) located—XX in St. Lucie County, Florida, described in the attached Exhibit "A" (Property). C. The County has determined that improvements to the intersection of Johnston Road and Indrio Road are needed in order to mitigate the traffic impacts of the proposed Rocking Horse Ranch Residential Subdivision upon the County Roadway System in accordance with the County's Adequate Public Facilities Ordinances. D. In order to foster comprehensive and sound capital facilities planning and financing, to ensure the provision of adequate public facilities for development concurrent with the impacts of development, to encourage the efficient use of resources, to reduce the economic cost of development, and to afford certainty in the approval of development, the Board and the Developer desire to establish by agreement the terms under which the Property may be developed. E. On , 2006, the Board held the first public hearing on this Agreement, after publishing notice approximately seven days prior to the first hearing. Notice of intent to consider this Agreement was mailed by the Board at least 15 days prior to the first hearing to all property owners, as reflected on the current years tax roll, lying within 500 feet of the Property. g:\otty\ogreemnt\Johnson Rd Dev-Rocking Page 1 of I 1 F. On , 2006, the Board held the second public hearing on this Agreement, after publishing notice approximately seven days prior to the second public hearing and after announcing at the first public hearing the day, time, and place of such second public hearing. NOW, THEREFORE, in consideration of the mutual covenants entered between the parties, and in consideration of the benefits to accrue to each, it is agreed as follows: 1. Accuracy of Recitals. The above recitals are true and correct. 2. Mandatory Provisions. a. Legal Description and Owner. The land that is the subject of this Agreement is described in the attached Exhibit "A". The owner of legal and equitable title to the Property is JOHNSON ROAD DEVELOPMENT GROUP, L.L.C., a Florida Limited Liability Company. b. Duration. This Agreement shall expire ten (10) years after the effective date provided in Section 11, unless earlier terminated as provided in Section 8. C. Uses Densities Intensities Height, and Architectural Standards The development uses permitted on the Property, including densities, intensities, and height, shall be as follows: Units Uses Allowed: Single Family Residential - 160 Single Family Dwelling Density Allowed: One (1) Unit Per Acre Intensity Allowed: s 9Aatty\a9reemnt\AG Dev Group Page 2 of 1 I L.D.C. Height Allowed: As is currently allowable under the St. Lucie County Architectural Standards d. Future Land Use Map Designation. The land use designation of the Property under the future land use element of the St. Lucie County Comprehensive Plan is RE ("Residential Estate"). e. Zoning. The current zoning of the property is Al ("Agriculture"). f. Site Plan. On October 11, 2005, the Developer submitted and obtained Board approval of a Preliminary P.U.D. site plan for the Property consistent with the approved conceptual site plan and the provisions of Section 2c herein. g. Public Facility Adequacy. Development of the property is contingent upon completion of the improvements identified on Exhibit "C". h. Local Development Permits. The local development permits required for the development of the Property are: (1) Rezoning - to RE "Residential Estate" (2) Regulatory permits - surface water management permit(s) from the South Florida Water Management District. The need for other regulatory agency permits shall be determined based upon final site construction plans. (3) Subdivision plat approval - will be required prior to the sale of any lots or properties. (4) Final development order - required prior to commencing construction. g:\atty\agreemnt\Johnson Rd Dev-Rocking Page 3 of 11 (5) Site plan approval - required prior to commencing construction. (6) Building permit - required prior to commencing construction. I. Responsibility for Local Development Permits. All local development permits shall be obtained at the sole cost of the Developer and in the event subdivision plat approval and/or a building permit is/are not received, no further development of the Property shall be al lowed until such time as the Board has reviewed the matter and determined whether or not to terminate this Agreement or to modify it in a manner consistent with the St. Lucie County Comprehensive Plan. j. Consistency with Comprehensive Plan. The Board finds that the development of the Property as provided in this Agreement is consistent with the St. Lucie County Comprehensive Plan. k. Consistency with LDC. Provided that the Developer submits and obtains Board approval of a site plan in accordance with Section 2c of this Agreement that complies with the County's Land Development Code ("LDC"). The Board finds that the development of the Property as provided in this Agreement is consistent with the LDC. Compliance with Other Law. Failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve the Developer of the necessity of complying with the law governing such permitting requirement, condition, term, or restriction; and any matter or thing required to be done under existing ordinances of St. Lucie County shall not be otherwise amended, modified, or waived unless such amendment, modification or waiver is expressly provided for in this Agreement with specific reference to the code provision so amended, modified, or waived. M. Necessary Conditions. The Board reserves the right to impose conditions and requirements on any development order as necessary to protect the health, safety, and welfare of the public and the citizens of St. Lucie County. g;\atty\agreemnt\AG bey Group Page 4 of I 1 3. Agreement to Construct and Fund Improvements The Developer agrees to design, permit, and construct the improvements identified in Exhibit "A" in accordance with the schedule attached as Exhibit "B". Furthermore, the Developer agrees to pay the entire cost for the design and construction of the improvements identified on Exhibit "A" This cost is currently estimated to be $450,000.00. This obligation shall survive the revocation or termination of this Developer Agreement. 4. Road Impact Fee Credits. In exchange for the Developers payment for design and construction of the improvements identified on Exhibit "A", the County shall grant the Developer Road Impact Fee credits in the amount of $450,000.00 as allowed by the St. Lucie County Road Impact Fee Ordinance. Said Road Impact Fee Credits shall be transferable from the Developer to any lot owner in the Rocking Horse Ranch Residential Subdivision. These credits may only be used in association with houses permitted in the Rocking Horse Ranch Residential Subdivision. 5. Preliminary P.U.D. Site Plan Submittal The Developer agrees to provide a Preliminary P.U.D. site plan (the "Site Plan") to the Board in accordance with the provision of Section 2c of this Agreement showing the proposed development of the Property. The Developer further agrees that the plan for development of the Property as shown on the Site Plan will not be changed unless approved by the Board in its discretion by action of the Board separate and apart from any regulatory approvals required for the development of the Property by the Board or any other regulatory agency. 6. Road Right -of -Way Dedication. Within forty-five (45) days from the date of this Agreement, the Developer agrees to dedicate and convey to the Board a 1.24 acre strip of land for right-of-way purposes as shown on Exhibit "C". The conveyance shall be by general warranty deed in recordable form and shall be free and clear of all liens and encumbrances. At least fifteen days prior to the conveyance, the Developer, at the Developer's expense, shall deliver the following to the Board: a. Commitment for title insurance showing that the Owner has marketable title to the right-of-way parcel. Within forty-five (45) days after closing, the Developer shall deliver a title policy to the County consistent with the commitment naming the County as the insured. b. Sealed survey certified to the Board showing no encroachments. C. Phase I Environmental Audit certified to the Board showing no evidence of hazardous waste contamination on the right-of-way parcel. g:\atty\agreemnt\Johnson Rd Dev-Rocking Page 5 of I 1 d. Beneficial Interest Affidavit, if required. 7. Impact Fees. No building permit shall be issued for development of the Property unless and until any and all impact fees required under then applicable ordinances have been paid by the Developer or its assigns. Nothing in this Agreement shall constitute a waiver by the Developer of its right to apply for road impact fee credits for the dedication pursuant to the St. Lucie County Code of Ordinances (the "Code"). If the Board determines that the dedication is eligible for credits against road impact fees pursuant to the Code, the parties agree to enter into a separate Road Impact Credit Agreement. 8. Adequacy of Public Facilities; Continued Reservation of Capacity. The following items in regard to the adequacy of public facilities in this area are acknowledged: a. Drainage: The Property is located in part within the identified 100 year flood plain. All construction activities will be in accordance with applicable St. Lucie County and South Florida Water Management District permitting standards and regulations. b. Potable Water: The project is not required to extend or connect to the potable water system. C. Sanitary Sewer: The project is not required to extend or connect to the sanitary sewer system. d. Solid Waste: Sufficient capacity exists in the St. Lucie County Landfill to service the anticipated demands of the Property. e. Parks: Sufficient capacity exists within all required level of service categories for the proposed number of residential units. f. Mass Transit: Not applicable. g. Roads: Subject to completion of the improvements identified on Exhibit "C", sufficient roadway capacity will exist to support the proposed development of this project. g•\atty\agreemnt\AG Dev Group Page 6 of 11 9. Amendment of Cancellation by Mutual Consent This Agreement may be amended or cancelled by mutual consent of the parties, and shall terminate upon the issuance of the last Certif icate of Occupancy for last residential building as shown on the Site Plan Materials. Prior to amending this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. No further development permits that would result in the generation of any additional required Level of Service impacts will be issued until a new Final Development Order has been issued. Any application for a new Final Development Order, except for a modification to an existing building, structure, or site facility that does not require a new concurrency review, will be subject to all applicable standards and regulations in effect at the time the application is filed. Any application for Final Development Order, for a modification to a building, structure, or site facility built or constructed in accord with the terms of this development agreement shall be subject to any applicable St. Lucie County construction standard or code in effect at the time the application is filed. 10. Involuntary Revocation of Development Agreement The Board may revoke this Agreement if the Board determines through its annual review of this Agreement that the terms and conditions of this Agreement, including all amendments or extensions thereto, have not been complied with. Prior to any revocation of this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. At the public hearing(s), the Developer will be given an opportunity to rebut the determination that the requirements of this Agreement, or any amendments thereto have not been complied with. If the Board determines that revocation of this Agreement is not necessary, the Board may amend the terms of this Agreement to provide for any reasonable condition necessary to assure compliance with the requirements of this Development Agreement, and any extensions or amendments thereto. Either party or any aggrieved or adversely affected person may file an action for injunctive relief in the Circuit Court for St. Lucie County to appeal the revocation or amendment of this Agreement. The provisions of Paragraph 4 requiring Board approval of any change in the Site Plan shall survive the revocation of the Agreement. 11. Term. The term of this Agreement shall be ten (10) years from the effective date. This Agreement may be extended by mutual consent of the Board and the Developer, subject to public hearing in accordance with Section 11.08.02 of the LDC. g:\atty\agreemnt\Johnson Rd Dev-Rocking Page 7 of 11 12. Recording; Submission to Florida Department of Community Affairs Within 14 days after the Board enters this Agreement, the Clerk to the Board shall record the Agreement in the Public Records of St. Lucie County. A copy of the recorded Agreement shall be submitted to the Department of Community Affairs within 14 days after the Agreement is recorded. If this Agreement is amended, cancelled, modified, extended, or revoked, the Clerk shall have notice of such action recorded in the public records and such recorded notice shall be submitted to the Florida Department of Community Affairs. 13. Effective Date. This Agreement shall be effective 30 days after its receipt by the Florida Department of Community Affairs. Notice of the effective date of this Agreement shall be provided by the Board to all effected parties to the Agreement. 14. Annual Review. In accordance with Section 11,08.08 of the LDC, the Board shall review the development that is subject to this Agreement every 12 months, commencing 12 months after the effective date of this Agreement. The Board shall begin the review process by giving notice, a minimum of 30 days prior to the anniversary date for the effective date of this Agreement, to the Developer of its intention to undertake the annual review of this Agreement and of the necessity for the Developer to provide the following: a. An identification of any changes in the plan of development as contained in the Site Plan Materials, or in any phasing for the reporting year and for the next year. b. If the Site Plan materials provided for phasing, a summary comparison of development activity proposed and actually conducted for the year. C. Identification of undeveloped tracts of land that have been sold to a separate entity or Developer. d. An assessment of the Developer's compliance with each condition of approval set forth in this Agreement. e. Identification of significant local, state and federal permits which have been obtained or which are pending by agency, type of permit, permit number and purpose of each. g:\otty\agreemnt\AG Dev Group Page 8 of 11 Any information required of the Developer during an annual review shall be limited to that necessary to determine the extent to which the Developer is proceeding in good faith to comply with the terms of this Agreement. For each annual review conducted during years 6 through 10 of this Agreement, the Board shall prepare a written report in accordance with rules promulgated by the state land planning agency. The report shall be submitted to the parties to the Agreement and the State land planning agency. If the County finds on the basis of substantial competent evidence that there has been a failure to comply with the terms of the Agreement, the County may revoke or modify the terms of this Agreement. 15. Effect of Contrary State or Federal Laws. In the event that any state or federal law is enacted after the execution of this Agreement that is applicable to and precludes the parties from complying with the terms of this Agreement, then this Agreement shall be modified or revoked as is necessary to comply with the relevant state or federal law. Prior to modifying or revoking this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. 16. Enforcement. Either party, any aggrieved or adversely affected person, or the state land planning agency, may file an action for injunctive relief in the Circuit Court for St. Lucie County to enforce the terms of this Agreement or to challenge compliance of this Agreement with the provisions of the Act or Section 11.08.00 of the LDC. In the event the Board or the Developer is required to seek enforcement of the provisions of this Agreement, the prevailing party shall be entitled to recover from the other party all costs of such action, including reasonable attorney's fees. 17. Notices. The parties designate the following persons as representatives to be contacted and to receive all notices regarding this Agreement: For the Board: County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 g:\atty\agreemnt\Johnson Rd Dev-Rocking Page 9 of 11 with a copy to: County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 For the Developer: Mark A. Brackett Johnson Road Development Group, L.L.C. 1974 14th Avenue Vero Beach, Florida 32960 With a copy to: 17. Successors and Assigns. Fred L. Kretschmer Vero Beach, Florida 32960 This Agreement shall be binding upon the parties and their successors and assigns. In the event of assignment of this Agreement, the Developer shall provide notice to: County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 IN WITNESS WHEREOF, the parties hereto have caused the execution of this Agreement by their duly authorized officials as of the day and year first above written. Signed, sealed and delivered in the presence of: Print Name: Witness gAatty\agreemnt\AG Dev Group JOHNSON ROAD DEVELOPMENT GROUP, L.L.C. a Florida Corporation Page 10 of 11 Print Name: Witness ATTEST: Deputy Clerk STATE OF FLORIDA COUNTY OF ST. LUCIE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney The foregoing instrument was acknowledged before me this day of , 2005, by , Johnson Road Development Group, L.L.C., a Florida Corporation, who is personally known to me, or who has produced as identification and who did/_ not take an oath. Notary Seal Notary Public, State of Florida Print Name: My Commission Expires: g:\atty\agreemnt\Johnson Rd Dev-Rocking Page I 1 of I I Exhibit A Scope of Services Task 1— Survey We will obtain design survey information to support and facilitate contemplated design and permitting activities associated with the proposed intersection improvements. Collected survey within the project limits will include existing Right -of -Way identification, establishment of Horizontal and Vertical control, and the identification of all above ground appurtenances, such as edge of pavement, striping, utilities, and other topographic elements. The project design limits shall begin at a point along Indrio Road that is approximately 1600 feet west of Johnston Road and continue east along Indrio Road to a point 1200 feet east of Johnston Road. Johnston Road will be surveyed 1200 feet north of Indrio Road and 150 feet south of Indrio Road. Due to the nature of the heavy traffic that consistently operates at this intersection, much of the survey field work will need to be performed on weekends. Task 2 - Geotechnical Geotechnical exploration will be performed as needed to facilitate roadway improvements and signal design. This may include tests such as: Standard Penetration Test (SPT) borings for mast arm design. Groundwater determination. Task 3 - Intersection Design Roadway construction plans will be prepared to expand the intersection of Indrio Road and Johnston Road to the proposed expanded intersection geometry. These improvements will include the design of the following intersection configuration: North leg: Addition of a single right turn lane (60 ft of storage plus 185 ft of deceleration) East leg: Addition of a single right turn lane (60 ft of storage plus 405 ft of deceleration length) West leg: Addition of a single left turn lane (175 ft of storage plus 405 ft of deceleration length) Roadway transitions will be required on the north, east and west proposed legs to transition out the widening required for the introduction of a left turn lane to the existing 2-lane configuration at the intersection. The turn lane storage lengths have been computed from existing peak hour volumes. The design speed for both roadways will be 5 mph above posted speed. The design will incorporate the following: Roadway plan sheets depicting the intersection and roadway improvements. 2. Cross -sections at 100 ft. intervals. Signing and marking plans using current FDOT and MUTCD criteria. 4. Stormwater runoff is currently being collected in roadside swales and conveyed to the local canal system. The widening improvements will account for adjustments to the existing Swale system to maintain existing conveyance. Stormwater permitting will be coordinated through South Florida Water Management District (SFWMD) and the local governing agencies. During the course of the permitting we will attend the necessary pre -application and coordination meetings with the agencies as needed. The applicable permit applications will be prepared by Kimley-Horn with St. Lucie County as the applicant. Plans will be produced in English units at a 1"=40' scale on 11" x 17" sheets. Plans will be submitted to the County in conjunction with submittals to the Florida Department of Transportation for review and comment. 8. A reproducible set of plans, a copy of the electronic files and a copy of the technical specifications needed for the bid documents will be delivered to the County upon 100% completion of the design. Upon completion of construction of the project and receipt of the As Built drawings from the contractor, we will make the necessary certifications to the permitting agencies. 1974 14th Avenue Post Office Box 1328 Vero Beach, F4 32961 Phone: (772) 567-9255 Fax: (772) 567-9253 www.brackettandcompany.com January 30, 2006 Michael Brillhart Strategy and Special Projects Director St. Lucie County Administration Building 2300 Virginia Avenue Fort Pierce, Florida 34982 Re: Rocking Horse Ranch Offsite roadway improvements developer's agreement Dear Mr. Brillhart, Attached to this letter is a certified cost estimate for the improvements to Indrio Road and Johnston road as outlined in the approved developer's agreement referenced above. The project schedule will include approximately six (6) months to design and permit and another eight (8) months to construct. The design of the roadway improvements will begin in two (2) weeks and we anticipate the improvements to be completed by March of 2007. Should you have any questions or require additional information, please feel free to contact me at our office. ince ely 1 Dav` id "M Fisher Brackett & Company EEXHIBIT a i ❑ � © Kimley-Horn and Associates, Inc. Indrio Rd. & Johnston Rd. Intersection OPINION OF PROBABLE PROJECT COSTS ROADWAY, DRAINAGE & UTILITY "Since the Engineer has no control over time, labor and material cost furnished by others, or over methods of determining prices, or market conditions, all opinions rendered herein as to cost, represent its best judgement, the Engineer does not guarantee that actual cost will not vary from opinion of cost." January 12, 2006 ITEM NO. ROADWAY ITEM UNIT QUANTITY UNIT COST COST 101-1 MOBILIZATION LS 1 25,000.00 25,000.00 102-1 MAINTENANCE OF TRAFFIC LS 1 15,000.00 15,000.00 104 EROSION CONTROL LS 1 1 5,000.00 5,000.00 110-1-1 ICLEARING & GRUBBING AC 0.85 10,000.00 8,500.00 120-1 J EXCAVATION CY 1,000 3.50 3,500.00 120-6 tEMBANKMENT CY 1,000 6.00 6,000.00 160-4 TYPE B STABILIZATION 12" SY 4,360 6.00 26,160.00 285-7-09 OPTIONAL BASE GROUP 9), SY 3,345 12.00 40,140.00 331-2 TYPE S ASPHALTIC CONCRETE 2.5" SY 3,345 10.00 33,450.00 331-2 TYPE S ASPHALTIC CONCRETE OVERLAY 1.5" SY 7,145 7.50 53,587.50 536-1-1 GUARDRAIL LF 1,920 15.00 28,800.00 536-73 REMOVAL OF EXIST. GUARDRAIL LF 1,500 3.00 4,500.00 536-85-22 END ANCHORAGE ASSEMBLY EA 6 1,700.00 10,200.00 575-1-1 SOD, BAHIA 2,540 2.00 5,080.00 700-40-1 SIGN, SINGLE POST 7 250.00 1,750.00 706-3 REFLECTIVE PAVEMENT MARKERS 210 5.00 1,400.00 711-4 DIRECTIONAL ARROWS, THERMOPLASTIC 10 40.00 400.00 711-33 SKIP TRAFFIC STRIPE, THERMOPLASTIC WHITE rEA 170 0.75 127.50 711-35-061 6" SOLID TRAFFIC STRIPE, THERMOPLASTIC WHITE 5,4951.00 5,495.00 711-35-241 24" SOLID TRAFFIC STRIPE, THERMOPLASTIC WHITE 72 3.00 216.00 711-36-061 6" SOLID TRAFFIC STRIPE, THERMOPLASTIC YELLOW 6,455 1.50 9,682.50711-36-181 18" SOLID TRAFFIC STRIPE, THERMOPLASTIC YELLOW 235 2.501 587.50 "284.176= II Gontrn enc 1 °!a . _ 42;fi26tO5 TOTAL h ..l 326.802.00 Assumptions: This opinion of probable cost is based on preliminary conceptual layout of the required intersection improvements proir to collection of survey information. Quantities have been approximated from theoretical lane geometry, and are subject to change as design drawings are prepared. 4 JAi'2 2006 Jeftr B. Palmquist P.', 63110 uary 12, 2006