HomeMy WebLinkAboutAgenda Packet 03-21-06
¡
MARCH 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 S1. Lucie County Community Services
Director at (772) 462-1777 or TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting.
-/
I
BOARD OF COUNTY COMMISSIONERS
www.co.st-Iucie.fl.us
Doug Coward, Chairman
Chris Craft, Vice Chairman
Joseph E. Smith
Paula A. Lewis
Frannie Hutchinson
District No.2
District No.5
District No.1
District No.3
District No.4
March 21, 2006
6:00 P.M.
Invocation
Pledge of Allegiance
1. MINUTES
Approve the minutes of the meeting held on March 14,2006.
2. PROCLAMATIONS/PRESENTATIONS
A. Resolution No. 06-098 - Proclaiming March 25, 2006, through March 26, 2006, as "Wings IN
Wheels Air, Military and Vehicle Show Weekend" in St. Lucie County, Florida - Consider staff
recommendation to adopt Resolution No. 06-098 as drafted.
B. Reading of the announcements by the County Administrator.
3.
4.
GENERAL PUBLIC COMMENT
¡J~
CONSENT AGENDA
C c¡1f
,.-
5A.
PUBLIC HEARINGS
5B.
GROWTH MANAGEMENT
Consider Draft Resolution No. 06-009 granting a Change in Zoning from the RS-3 (Residential, Single-
Family - 3 du/acre) Zoning District to the PUD (Planned Unit Development - Whispering Oaks) Zoning
District and Preliminary and Final Planned Unit Development Site Plan Approval for the project to be
known as Whispering Oaks for 67.18 acres of property located on the East side of South Jenkins Road,
approximately 1/3 mile south of Orange Avenue - Consider staff ~o.mmendation Ul2ro~tl.'~
Resolution No. 06-00Ji,Aub~tto 15 limiting conditions. = 11/¡JA"~ ~rC-...A). ~__ ~Sfl
.....-:t. _ C- ~. -::/..) .-;-,S}?-r-r AIIJ ~ ¿
.J v _ ~ _ /) '" 4~JH .c..-- ,rlr
GROWTH MANAGEMENT ~,.~ ¡IJ~(; - /Ø~¿'-£.,,-
Consider Resolution 06-051 granting Paparone Homes of Florida Inc. Final Planned Unit Developmeñt' ~-:-
Site Plan Approval for the Residential project known as Sunnyland Farms PUD and a Change in Zoning 3 ~
from the AG-1 (Agricultural - 1 du/ac) Zoning District to the PUD (Planned Unit Development - p.,.lr"
Sunnyland Farms) Zoning District. (File No. PUD-05-028/RZ-04-034) - Consider staff recommendation if
to Adopt Resolution 06-051 granting Paparone Homes of Florida Inc. Final Planned Unit Development ¿) .)
Site Plan Approval for the Residential project known as Sunnyland Farms PUD and a Change in Zoning tI~6i
from the AG-1 (Agricultural - 1 du/ac) Zoning District to the PUD (Planned Unit Development -
Sunnyland Farm~lZoning istrict.. ~. ..., '--. ~
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Regular Agenda
March 21, 2006
pag~o
"'- ÇOUNTY ATTORNEY th
Petition for Abandonment _ Abandon 55 feet of a deeded portion of right-of-way known as South 7
Stre t _ Resolution No. 06-101 - Consider staff recommendation to continue this Public Hearing to
ril 18, 2006 at 6:00 p.m. or as soon thereafter as possible.
D. COUNTY ATTORNEY ,f1 ~~+~
o dinance No. 06-012 - Stop Ga~ Ordif}81 This is the. fir' two PUbli~~rings. N:;/.. ction is
equired at this time. ~ ! ~ / lP '. ¡) /Iv e:....... V {" /Þ" /f .-
. COUNTY ATTORNEY ¡-i
Gap")~~i.~a~ - This is the first of two public hearings. No action ,s r.equir~~t this ti("e. ~I ~
~L~ END OF PUBLIC HEARINGS ". · 'P t.r~{·· .rr
6. ADMINISTRATION
Department of Homeland Security National Bio and Agro-Defense Facility (NBAF): Noticeof
Request for Expression of Interest for Sites for the NBAF - Staff is requesting authorization to
issue an expression of interest as a potential site for the NBAF.
7.- ~UNTY ATTORNEY
:;s nyland Farms PUD - Road Contribution and Construction Agreement - Consider staff
ecommendation to approve the Agreement and authorize the Chairman to sign the Agreement.
. STRATEGY & SPECIAL PROJECTS
Petition by D.R. Horton Inc. requesting a waiver to the requirements of Stop Gap Ordinance No. 2005-
016 _ Staff recognizes the efforts that the applicant has made in revising its first conceptual plan in
order to promote consistency with the settlement patterns of the TVC Element. Staff recommends that
a waiver be granted for this specific request with the following condition: applicant must schedule a site
plan review coordination meeting between the Treasure Coast Regional Planning Council and County
Growth Management staff prior to submittal of a formal development application to the County.
ç_Û
CONSENT AGENDA
1. WARRANTS LIST
Approval of Warrant List No. 24
2. COUNTY ATTORNEY
Resolution No. 06-099 extending the State of Emergency for Hurricane Wilma - Consider staff
recommendation to approve Resolution No. 06-099 and authorize the Chairman to sign the Resolution.
3. PUBLIC WORKS
A. Engineering Division - Grey Twig MSBU and final payment in the amount $67,239.20 to be
made to Felix Associates LLC - Consider staff recommendation to accept the Grey Twig MSBU
and final payment in the amount $67,239.20 and authorize the Chairman to sign.
B. Engineering Division - Amendment No. 4 to Work Authorization No. 8 to the Agreement for
Engineering Services with Culpepper & Terpening, Inc. - Consider staff recommendation to
approve Amendment No.4 to Work Authorization No.8 to the Agreement with Culpepper &
Terpening, Inc. in the amount of $18,310.00
4. RCHASING
fi . Work Authorization No.1 to Contract No. C05-05-282 with GLE Associates, Inc. for Architectural
~ and Engineering Services for New Offices, Restrooms, and Concession Building at the St.
Lucie County Fairground Equestrian Arena - Consider staff recommendation to approve Work
Authorization No.1 to Contract C05-05-282 with GLE Associates, Inc. for a total of $76,780.00,
and authorize the Chairman to sign the Amendment as prepared by the County Attorney.
B. Work Authorization No. 8 to Contract No. C03-02-269 with Kimley-Horn & Associates for the
planning and engineering services associated with the permitting and construction of two (2)
softball fields and one (1) baseball field and associated facilities at the Lawnwood Recreation
Complex _ Consider staff recommendation to approve Work Authorization No.8 to C03-02-269
with Kimley-Horn & Associates for the total amount of $74,300.00, and authorize the Chairman
to sign the Amendment as prepared by the County Attorney.
C. Approval of Hurricane Related Purchases - Consider staff recommendation to approve the list
of hurricane related purchases.
5. GRANTS
Authorize the submittal of a grant application to the Florida Inland Navigation District for $258,300 to
be utilized for design, engineering, and permitting of South Causeway Park shoreline restoration and
park improvements. Also, the Board is requested to approve Resolution No. 06-100 (Attached), which
is necessary to complete the grant application - Consider staff recommendation to authorize the
submittal of the grant application to the Florida Inland Navigation District. Staff also recommends the
approval of the attached Resolution No. 06-100.
6. AIRPORT
Request for authorization to demolish two derelict buildings at the St. Lucie County International Airport
_ Consider staff recommendation to authorize the expenditure from the Airport Department Operating
Budget for Grounds Maintenance in the amount of $12,990.00 and authorize LEB Demolition (Contract
No. C02-09-637) to demolish the buildings at 4281 Taylor Dairy Road and 4300 Taylor Dairy Road at
the St. Lucie County International Airport.
ANNOUNCEMENTS
MARCH 21, 2006
1. The Zorafest Hattitude Luncheon will be held on Saturday, March 25, 2006 at the Indian River
Community College Koblegard Student Union located at 3209 Virginia Avenue, Fort Pierce at 1 :00 p.m.
Tickets for this event are $25.00 and can be purchased at the St. Lucie County Cultural Affairs Office.
For More information please call 772-462-1767.
2. The Wings '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.
3. St. Lucie County and the Fort Pierce Jazz & Blues Society will hold a Waterside Festival on Saturday,
April 1, 2006 on 2nd Street Downtown Fort Pierce from 11 :00 a.m. to 10:00 p.m. for more information
please call 460-5299.
4. The Board of County Commissioners, the School Board of St. Lucie County and the City of Fort Pierce
will hold a Joint Meeting on Monday, April 10, 2006 at the City of Fort Pierce Commission Chambers
first floor, 100 N. US Hwy. 1, Fort Pierce from 9:00 a.m. to Noon.
5. The St. Lucie County Master Gardeners are holding their "Spring Into Gardening Festival" on Saturday,
April 22, 2006 from 8:00 a.m. to 2:00 p.m. at the St. Lucie County Extension Office on Picos Road. For
more information contact the Extension Office at 462-1660.
6. The 15th Annual United Veterans Golf Tournament will be on Saturday, April 22, 2006 at Fairwinds Golf
Course at 8:30 a.m. (Shotgun Start).
7. The Oxbow Eco-Center announces their Annual Earth Day Celebration on Saturday, April 22, 2006
from 10:00 a.m. to 3:00 p.m.
8. Zorafest Street Festival will be on Saturday, April 29, 2006 at Lincoln Park Academy, 1806 Avenue I,
Fort Pierce. For more information please call 772-462-1767.
9. The Board of County Commissioners will hold a Workshop with the Research & Education Authority on
Monday, May 1,2006 from 2:00 p.m. to 5:00 p.m. in the County Commission Chambers.
10. St. Lucie County Parks and Recreation will host "Pitch, Hit & Run," the Official Skills Competition of
Major League Baseball, on May 6, 2006 at 9:00 a.m. at the Lawnwood Complex, Softball Field No.1 in
Fort Pierce. This free event will allow children ages 7 to 15 to advance through the four levels of
competition to the National Finals at the 2006 Major League Baseball AII-Star-Game.
11. The Special Olympics, St. Lucie County Golf Tournament will be on Saturday, June 10, 2006 at Club
Med at 8:30 a.m. (Shotgun Start).
12. 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 TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting.
_It
,
MARCH 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 TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting.
f
BOARD OF COUNTY COMMISSIONERS
www.co.st-Iucie.fl.us
Doug Coward, Chairman
Chris Craft, Vice Chairman
Joseph E. Smith
Paula A. Lewis
Frannie Hutchinson
District No.2
District No.5
District No.1
District No.3
District No.4
March 21, 2006
6:00 P.M.
Invocation
Pledge of Allegiance
1. MINUTES
~._ D f¡ Approve the minutes of the meeting held on March 14,2006.
ftf ¡ro,.,tl!
2. PROCLAMATIONS/PRESENTATIONS
5--0 A. Resolution No. 06-098 - Proclaiming March 25, 2006, through March 26, 2006, as "Wings "N
A ~ Wheels Air, Military and Vehicle Show Weekend" in SI. Lucie County, Florida - Consider staff
ff recommendation to adopt Resolution No. 06-098 as drafted.
B. Reading of the announcements by the County Administrator.
3. GENERAL PUBLIC COMMENT
4. j CONSENT AGENDA <é (\ -\- -r_+ ..c....
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5A. GROWTH MANAGEMENT
Consider Draft Resolution No. 06-009 granting a Change in Zoning from the RS-3 (Residential, Single-
3.... ? Family - 3 du/acre) Zoning District to the PUD (Planned Unit Development - Whispering Oaks) Zoning
I ¡ District and Preliminary and Final Planned Unit Development Site Plan Approval for the project to be
Að(¡¡}" known as Whispering Oaks for 67.18 acres of property located on the East side of South Jenkins Road,
('), \- VI~j\(}.1'1 approximately 1/3 mile south of Orange Avenue - Consider staff recommendation to approve
r(t ~1> Resolution No. 06-009, subject to 15 limiting conditions.
5B. GROWTH MANAGEMENT
J Consider Resolution 06-051 granting Paparone Homes of Florida Inc. Final Planned Unit Development
f1... MOVe.' Site Plan Approval for the Residential project known as Sunnyland Farms PUD and a Change in Zoning
pqr from the AG-1 (Agricultural - 1 du/ac) Zoning District to the PUD (Planned Unit Development -
~/ 0 Sunnyland Farms) Zoning District. (File No. PUD-05-028/RZ-04-034) - Consider staff recommendation
to Adopt Resolution 06-051 granting Paparone Homes of Florida Inc. Final Planned Unit Development
Site Plan Approval for the Residential project known as Sunnyland Farms PUD and a Change in Zoning
from the AG-1 (Agricultural - 1 du/ac) Zoning District to the PUD (Planned Unit Development -
Sunnyland Farms) Zoning District.
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Regular Agenda
March 21,2006
Page Two
5C. COUNTY ATTORNEY
11 f~,) Petition lor Abandonment - Abandon 55 leet 01 a deeded portion 01 right-aI-way known as South 7fu
f/5f Ù Street _ Resoiution No. 06-101 - Consider staff recommendation to continue this Public Hearing to
" April 18, 2006 at 6:00 p.m. or as soon thereafter as possible.
50.
~ D o..d-í on
COUNTY ATTORNEY
Ordinance No. 06-012 _ Stop Gap Ordinance - This is the first of two public hearings. No action is
required at this time. PAJrI \ 11t1> ~ (, 'GO / J. I .J-.' )
\} .. ",--M - ð bj e(1)()
5E. COUNTY ATTORNEY
,i oJ i¡¡l\ Ordinance No. 06-011peieting Property Described in Exhibit "1" lrom Ordinance No. 2005-016 (" Stop
IV D Gap") Ordinance _ This is the first of two public hearings. No action is required at this time.
Afr', I L{'-b @ (p;'f;iD END OF PUBLIC HEARINGS
6. ADMINISTRATION
.4r¡- roved Department 01 Homeland Security National Bio and Agro-Defense Facility (NBAF): Notice of
, 0 Request lor Expression of Interest for Sites lor the NBAF - Staff is requesting authorization to
...-' issue an expression of interest as a potential site for the NBAF.
7. u/COUNTY ATTORNEY
4£prûJ Sunnyland Farms PUD - Road Contrtbution and Construction Agreement - Consider staff
rS / D recommendation to approve the Agreement and authorize the Chairman to sign the Agreement.
8. STRATEGY & SPECIAL PROJECTS
/l.CIJ 'v,¡uI Petition by D.R. Horton Inc. requesting a waiver to the requirements 01 Stop Gap Ordinance No. 2005-
(1/ r' 016 _ Staff recognizes the efforts that the applicant has made in revising its first conceptual plan in
') / D order to promote consistency with the settlement patierns 01 the TVC Eiement. Staff recommends that
a waiver be granted for this specific request with the following condition: applicant must schedule a site
plan review coordination meeting between the Treasure Coast Regional Planning Council and County
Growth Management staff prior to submittal of a formal development application to the County.
CONSENT AGENDA
1. WARRANTS LIST
Approval of Warrant List No. 24
2. COUNTY ATTORNEY
Resolution No. 06-099 extending the State of Emergency for Hurricane Wilma - Consider staff
recommendation to approve Resolution No. 06-099 and authorize the Chairman to sign the Resolution.
3. PUBLIC WORKS
A. Engineering Division - Grey Twig MSBU and final payment in the amount $67,239.20 to be
made to Felix Associates LLC - Consider staff recommendation to accept the Grey Twig MSBU
and final payment in the amount $67,239.20 and authorize the Chairman to sign.
B. Engineering Division _ Amendment No. 4 to Work Authorization No. 8 to the Agreement for
Engineering Services with Culpepper & Terpening, Inc. - Consider staff recommendation to
approve Amendment No.4 to Work Authorization No.8 to the Agreement with Culpepper &
Terpening, Inc. in the amount of $18,310.00
4. PURCHASING
A. Work Authorization No.1 to Contract No. C05-05-282 with GLE Associates, Inc. for Architectural
I r and Engineering Services for New Offices, Restrooms, and Concession Building at the St.
o ( e CY Lucie County Fairground Equestrian Arena - Consider staff recommendation to approve Work
T Vl Authorization No.1 to Contract C05-05-282 with GLE Associates, Inc. for a total of $76,780.00,
and authorize the Chairman to sign the Amendment as prepared by the County Attorney.
B. Work Authorization No. 8 to Contract No. C03-02-269 with Kimley-Horn & Associates for the
planning and engineering services associated with the permitting and construction of two (2)
softball fields and one (1) baseball field and associated facilities at the Lawnwood Recreation
Complex _ Consider staff recommendation to approve Work Authorization No.8 to C03-02-269
with Kimley-Horn & Associates for the total amount of $74,300.00, and authorize the Chairman
to sign the Amendment as prepared by the County Attorney.
C. Approval of Hurricane Related Purchases - Consider staff recommendation to approve the list
of hurricane related purchases.
5. GRANTS
Authorize the submittal of a grant application to the Florida Inland Navigation District for $258,300 to
be utilized for design, engineering, and permitting of South Causeway Park shoreline restoration and
park improvements. Also, the Board is requested to approve Resolution No. 06-100 (Attached), which
is necessary to complete the grant application - Consider staff recommendation to authorize the
submittal of the grant application to the Florida Inland Navigation District. Staff also recommends the
approval of the attached Resolution No. 06-100.
6. AIRPORT
Request for authorization to demolish two derelict buildings at the St. Lucie County International Airport
_ Consider staff recommendation to authorize the expenditure from the Airport Department Operating
Budget for Grounds Maintenance in the amount of $12,990.00 and authorize LEB Demolition (Contract
No. C02-09-637) to demolish the buildings at 4281 Taylor Dairy Road and 4300 Taylor Dairy Road at
the St. Lucie County International Airport.
ANNOUNCEMENTS
MARCH 21, 2006
1. The Zorafest Hattitude Luncheon will be held on Saturday, March 25, 2006 at the Indian River
Community College Koblegard Student Union located at 3209 Virginia Avenue, Fort Pierce at 1 :00 p.m.
Tickets for this event are $25.00 and can be purchased at the St. Lucie County Cultural Affairs Office.
For More information please call 772-462-1767.
2. The Wings "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.
3. St. Lucie County and the Fort Pierce Jazz & Blues Society will hold a Waterside Festival on Saturday,
April 1, 2006 on 2nd Street Downtown Fort Pierce from 11 :00 a.m. to 10:00 p.m. for more information
please call 460-5299.
4. The Board of County Commissioners, the School Board of St. Lucie County and the City of Fort Pierce
will hold a Joint Meeting on Monday, April 10, 2006 at the City of Fort Pierce Commission Chambers
first floor, 100 N. US Hwy. 1, Fort Pierce from 9:00 a.m. to Noon.
5. The St. Lucie County Master Gardeners are holding their "Spring Into Gardening Festival" on Saturday,
April 22, 2006 from 8:00 a.m. to 2:00 p.m. at the St. Lucie County Extension Office on Picos Road. For
more information contact the Extension Office at 462-1660.
6. The 15th Annual United Veterans Golf Tournament will be on Saturday, April 22, 2006 at Fairwinds Golf
Course at 8:30 a.m. (Shotgun Start).
7. The Oxbow Eco-Center announces their Annual Earth Day Celebration on Saturday, April 22, 2006
from 10:00 a.m. to 3:00 p.m.
8. Zorafest Street Festival will be on Saturday, April 29, 2006 at Lincoln Park Academy, 1806 Avenue I,
Fort Pierce. For more information please call 772-462-1767.
9. The Board of County Commissioners will hold a Workshop with the Research & Education Authority on
Monday, May 1, 2006 from 2:00 p.m. to 5:00 p.m. in the County Commission Chambers.
10. St. Lucie County Parks and Recreation will host "Pitch, Hit & Run," the Official Skills Competition of
Major League Baseball, on May 6, 2006 at 9:00 a.m. at the Lawnwood Complex, Softball Field No.1 in
Fort Pierce. This free event will allow children ages 7 to 15 to advance through the four levels of
competition to the National Finals at the 2006 Major League Baseball AII-Star-Game.
11. The Special Olympics, St. Lucie County Golf Tournament will be on Saturday, June 10, 2006 at Club
Med at 8:30 a.m. (Shotgun Start).
12. 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 TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: March 14,2006
Tape: 1-3
Convened: 9:00 a.m.
Adjourned: 12:05 p.m.
Commissioners Present: Chainnan, Doug Coward, Chris Craft, Paula A. Lewis, Joseph
Smith, Frannie Hutchinson
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,
Beth Ryder, Community Services Director, Marie Gouin, M &B Director, Ed Parker,
Purchasing Director, Roger Shinn, Central Services Director, Paul Hiott, Veterans
Services Director, Robert Nix, Growth Management Director, Millie Delgado-Feliciano,
Deputy Clerk
1. MINUTES (1-24)
It was moved by Com. Lewis, seconded by Com. Craft, to approve the minutes of the
meeting held March 7, 2006, and; upon roll call, motion carried unanimously.
2. PROCLAMA TIONS/PRESENT A TIONS
A. Resolution No. 06-091 Congratulating Mount Moriah Primitive
Baptist Church on its 95th Anniversary" in St. Lucie County, Florida.
It was moved by Com. Smith, seconded by Com. Hutchinson, to approve Resolution No.
06-091, and; upon roll call, motion carried unanimously.
B. The County Administrator read upcoming events.
3. GENERAL PUBLIC COMMENTS
Mr. Jeff Mitchell 2318 Cameron Drive, North Hutchinson [sland, addressed the Board
regarding item C2B- advertising the abandonment of a county easement. He stated there
were many issues regarding the parcel that will be coming before the Planning and
Zoning Board this Thursday and before the BCC on April 18th. He believes it is in the
best of the public's interest to reschedule the advertisement of this abandonment to run
concurrently with the April 18th hearing on the rezoning of the property this way the
public would need to attcnd one meeting. He asked the Board consider changing the
A ·1 4lh . A ·1 18th
pn meetmg to pn .
Mr. Lee Dobbins representillg Grund Beach, stated it had been their intention everything
would come before the Board.
Staff stated they are working towards having everything on April 4th.
4. CONSENT AGENDA (1-417)
Com. Craft commented on item C3A and stated he was in support ofthe fireworks,
however he requested the City of Port S1. Lucie also receive $10,000 from the $20,000
budgeted making equal allocations to both cities.
It was the consensus of the Board to allocate $10,000 to the City of Port S1. Lucie.
__u_.··_,.,·..·__~,·_ --._~
Com. Coward requested C8A be discussed. He requested $55,000 be pulled from the
Contingency fund contingency in order that both projects can move forward.
It was moved by Com. Hutchinson, seconded by Com. Craft, to approve the Consent
Agenda with item C3-A allocating $10,000 to the City of Port St Lucie, and item C8-A
allocating $55,000 from the general fund contingency to enable the county to move
forward with both projects, and; upon roll call, motion caITied unanimously.
1. WARRANT LIST
The Board approved Warrant List No. 23.
2. COUNTY ATTORNEY
A. Resolution No. 06-093 extending the State of Emergency for
Hurricane Wilma- The Board approved Resolution No. 06-093.
B. Request Permission to Advertise- Public Hearing- The Board
approved advertising a Public Hearing to be held on April 4, 2006 at
6:00 p.m. or as soon thereafter as possible to abandon a portion of a 60
foot platted right of way known as Flotilla Terrace.
C. Resolution No. 06-094- Amending Resolution No. 05-347
$43,000,000.00 Improvement Revenue Bonds- The Board approved
Resolution No. 06-094 and authorized the Chairman to sign.
D. Revocable License Agreement Metcalf & Eddy Orange Avenue- (4)
Monitoring Wells- The Board approved the Revocable License
Agreement, authorized the Chairman to sign the Revocable License
Agreement and instruct Metcalf & Eddy to record the agreement in the
Public Records of S1. Lucie County, Florida.
E. Confiscated Horses- Permission to advertise for sale at auction to Pre-
qualified bidders- The Board approved the sale of confiscated horses
at auction on April 8, 2006.
F. Permission to reprint Arts View Magazine- The Board granted
pennission to reprint Arts View Magazine.
3. PARKS AND RECREATION
A. 2006 Fireworks- The Board approved the allocation of $1 0,000 to the
City ofFt. Pierce for its 4th of July Fireworks show and acknowledge
staIrs intent to increase PY 06-07 lircworks budget requcst by
$10,000 to be used as venture capital for a signature event.
B. Purchase of Pressure Washer (EQ06-247) and Budget Amendment
BA06-123- The Board approved Budget Amendment No. BA 06-123
to purchase anew presser washer at a cost of$1,059.00.
C. Reallocation of Funds for the Open Space Splash Park- The Board
approved to reprogram the $250,000. earmarked for the construction
of the Lakewood Park Community Center toward a splash park at the
new Open Space pool.
D. Reallocation of funds to repair underground sewer and electrical lines
at (hl: Savannas Campgrounds- The Board approved transferring
~X.·HJ(). 1'1'0111 till: cOlllpldcd "cntrance road asphalt" projl:ctto the
Illcntioncd accounts in order to proceed with the underground sewer
:lIld ckct rical rcpai rs at the Savannas campgrounds.
2
E. Reallocation of funds for the Port S1. Lucie Ravenswood Splash Park-
The Board approved reallocating the $102,038.00 listed above to the
P0l1 St. Lucie Ravenswood pool splash park project.
F. Donation of surplus Civic Center equipment to the F1. Pierce Sunrise
Theater- The Board approved the donation of the Civic Center piano
to the Sunrise Theater.
G. Approval of State Inmate Work Program Contract Renewal- The
Board approved the renewal of the State Inmate Work Program in the
amount 01'$52,330.00 to pay for the labor costs that covers five
inmates and one correctional work squad officer, approved the contract
amendment between the State and the County as approved by the
County Attorney and authorized the Chairman to sign the contract.
4. COMMUNITY SERVICES
A. FY2005/2006 Community Services Block Grant Modification of
Agreement with Florida Department of Community Affairs - The
Board approved the proposed Modification Agreement with the
Florida Department of Community Affairs for the FY 2005-2006
Community Services Block grant and 'authorized the Chainnan to sign
all documents necessary for acceptance of the modifications.
B. Permission to explore forming a HOME ConsortiUl11- The Board
approved the development of an application to US Department of
Housing and Urban Development to form a HOME Consortium with
S1. Lucie County, Martin County and Indian River County for the
purpose of receiving and administrating funds through the HOME
Program, and authorized the Chairman to sign all necessary documents
if approved for funding.
C. Approval to amend Resolution No. 95-065 to allow alternates to serve
on the Citizens Advisory Task Force- The Board approved amending
Resolution No. 95-065.
5. UTILITIES
Change Order No.2 with West Florida Maintenance, Inc., for the repair and painting of
the South Hutchinson Island Water Reclamation Facility for an extension of30 days to
the contract- The Board approved Change Order No.2.
(J. PUR( 'II ^SINCì
^. I ''j :'\l:d ^sscl IlIvclllory Propurly RCl;OJ'( I I{umova I for V tlriolls
I kparllllcllls- 'I'llc Hoard alllllorizud sltll, , o n:I1IOVL: tilL: rL:uonls frolll
llll: ¡ixud asset invcntory of"the BCe as provided.
B. Fixed Asset Inventory Property Record Removal- The Board
authorized staff to remove the records from the fixed asset inventory
of the BCC as provided.
C. Reject All Bids- Bid No. 05-106- Purchase and Installation of
Security System Administration Complex- The Board approved
rejecting all bids and grated permission to revise specifications and re-
bid.
D. Award ofRFP No. 06-016- Underwriting Services- The Board
approved awarding RFP No. 06-016 Underwriting Services to the
following short listed fimls: 1. Bear, Steams & Co., Inc., 2.
Citigrollp, l RI1C Capital Markets, 4. Raymond .fumos and
3
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authorized the Chainnan to sign the contract as prepared by the
COllnty Attorney.
E. Pl:llllission to advertise an Invitation for Bid for Water & Sewcr
Monitoring Services 101' the Parks & Recreation Department- The
Board approved advertising an Invitation for Bid for Water & Sewer
Monitoring Services for the Parks and Recreation Department,
F. Permission to Advertise a Request for Proposal for Concessionaire
Services at Lawnwood Sports Complex- The Board granted
permission to advertise a Request for Proposal for Concessionaire
Services at Lawnwood Sports Complex.
G. Permission to advertise a RFQ (request for qualifications) for
Contractor Pre-Qualification for the new Aircraft Rescue and
Firefighting Building Construction Project- The Board approved
advertising an RFQ.
H. Fixed Asset Inventory- Property Record Removal- The Board
approved advertising an IFB to sell a Unit Space Finder File Cabinet
and removing the record from the fixed asset inventory.
7. PUBLIC WORKS
A. Code Compliance Division- Building Tech and Zoning Tech Trainee
Positions- The Board approved the Trainee positions.
B. Port ofF1. Pierce Entrance Road (North 2nd S1.) Work Authorization
No.4 with Taylor Engineering- The Board approved Work
Authorization No.4 with Taylor Engineering services in the amount of
$185,636.00 for engineering services related to North 2nd S1.
improvements and authorized the Chairman to sign.
('. 111l1i:111 River Hstaks MSHU (Polable Water) - Thl: Board approved
Wllrj.; I\lllltorizalioll No. II 10 lhl: ^g,l'L'L'IIICl1t "or COllllllllllIg
(ìl:otceltl1ical Scrvices with Ardaman ;IIHI ^ssociatcs, IIIC., ill Illc
amollnl 0 ' $1 (,,314 for soi I exploration.
D. The Board approved reduction in retainage- from 10% ($1,227,950.54)
to two percent $245,590.11) for Hubbard Construction Company for
the Indian River Drive South Project.
8. GRANTS
A. Request to the S1. Lucie County MPO and Florida Department of
Transportation to combine grant funding - The Board approved the
request to combine the grant funding for two transportation
enhancement grants, for St. James Drive Sidewalk and Avenue J
Pedestrian Bridge into one project to fund the construction of the
A venue J Pedestrian Bridge.- The Board allocated $55,000 for both
projects to move forward.
B. Submit grant application- The Board approved submitting a grant
application to the South Florida Water Management District Water
Sav i Ilgs Illcentiw Program 1'01' funds not to exceed $50,000 to rl:tro lit
older high volume water consumption Jixtures with low now
showerheads, bath and kitchen faucets and commodes in 294 Ft. Pierce
Housing Authority low-income residential homes, and acceptance of
the grant if awarded.
4
9. SHERIFF'S DEPARTMENT
A. Request for authorization to submit an electronic application for the
State Criminal Alien Grant 2006- The Board approved the electronic
submission ofthe 2006 State Criminal Alien Grant application and
authorized the County Administrator to sign the application.
B. Permission to apply- The Board granted permission to apply and
accept a 2006 Byrne Memorial Justice Assistance Grant from the U.S.
Department of Justice, Office of Justice Programs, Bureau of Justice
Assistallce 011 behall'ol'tlw St. Lucie Coullty SlwrilT's onïce and the
10'1. Pierce Police Department and, authorized the County Administrator
to sigll the electrollic grant application.
10. MANAGEMENT AND BUDGET
A. Approval of Budget Resolution No. 06-095 recognizing revenue from
the Federal Emergency Management Agency and the state for
hurricane related expenses- The Board approved Resolution No. 06-
095 recognizing revenue from FEMA and the State for hurricane
related expenses.
B. Request to approve Budget Resolution No. 06-083 to recognize
funding in the form of rental proceeds from FEMA- The Board
approved Budget Resolution No. 06-083 in the amount of $
654,500.00 to recognize rent proceeds from FEMA and establish a
budget for the use of those proceeds on improvements to the St. Lucie
County Airport and Fairgrounds.
11 . VETERANS SERVICES
Relocation of Veterans Services office - The Board approved the relocation of the
V derans Services 0 nice ¡ì'om South county Courthouse Annex to the Walton Road South
County Administration Annex.
12. COURT ADMINISTRATION
A. The Board approved the purchase of two Ford FreeStar Minivans to be
used by Court Administration Technology staff and for other court
purposes as specified by the Chief Judge, approved Equipment
Request # EQ 06-249.
B. The Board approved the purchase of fifteen Cisco 3750 Catalyst
Network Switches and approved Equipment Request Q 06-250.
C. The Board approved software and hardware for digital court reporting
Ü'OI1l CourtS mart, the sole source vendor for Digital Court Reporting
products for the 19th Judicial Circuit, total cost $18,100.00.
13. GROWTH MANAGEMENT
Draft Resolution No. 06-007- The Board approved the request of Robert Wood for a
Major Site Plan to allow the construction of an 88,675 square foot self storage mini
warehouse facility to be known as Orange Avenue Storage and approved Resolution No.
06-007.
REGULAR AGENDA
5.A No public hearings scheduled
5
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6. CENTRAL SERVICES (1-978)
For consideration before the Board was the approval of the demolition and removal ofthe
Port St. Lucie Yacht Club. The findings were presented by Paul Dritenbas - Consider
staff recommendation to approve the lowest quote, John O'Connell Demolition for the
demolition and removal of the Port St. Lucie Yacht Club at a cost of $17,4 7 5.00 and
authorize the Chairman to sign the contract as prepared by the County Attorney.
Mr. Oritenbas addressed thc Board and advised them of what the FEMA requirements
would be as well as the new elevation necessary relating to flood levels. His
recommendation was ¡fthey were to reconstruct to go one foot above the minimum
elevation required. He stated if it takes more than $150,000 to renovate then the
elevation would need [0 he raised twelve inches and FEMA scrutinizcs this very strongly.
Mr. Dritcnbas stated to rebuild this structure. his estimation is $1.4 million dollars.
The County Administrator stated he would like community input if they wcre going to
rebuild the facility.
Mr. David Hitchcock. Port St. Lucie Yacht Club, addressed the Board and stated the Club
felt the demolition of the building was not the best option. He felt the rebuilding figure
was inflated and questioned why the Club had not received the information regarding the
ll1surance.
The County Administrator advised the Board the Risk Manager had not received the
information before being deployed to Iraq as a member of the Reserves. He assured the
Board that as soon as he could obtain the figure he would inform the Club.
Com. Coward alluded to the report from their engineer and her recommendation was to
demolish not reconstruct.
Ms. Judy Perkins. CSM Engineers stated she concurred with Mr. Dritenbas report and the
building would need to be demolished and brought up to current codes. She also stated
she concurred with Mr. Dritenbas numbers of$ 150 - $225 a square foot to replace the
building. She stated she felt a decision needed to be made as to how large the new
building was going to be and how fancy.
Com. Coward stated it was clear with regard to the cost, it needed to be demolished, the
important thing is, how do they move forward from here to work with the Yacht Club and
the General Public to maximize this opportunity.
Mr. William Willet, Port St. Lucie resident, addressed the Board and stated he felt the
Port St. Lucie Yacht Club be involved in the decision and they are not. They have a
contract which states they have options.
Com. Coward stated they are attempting to coordinate with the Yacht Club's thoughts
and the engineer's reports and any pertinent information they may have for this process.
Ms. Margorie HarreIJ, addresscd the Board and asked they consider any left over funds be
utilized for the Lincoln Park Community Center should they go forward with a $500,000.
cost estimate.
Ms. Margie Hitchcock. Secretary Treasurer to the Yacht Club addressed the Board to
consider keeping the memory of the building and asked a similar type building be rebuilt
if necessary. She addressed the use of the facility by the community.
Mr. Wayne Habermill. Yacht Club member addressed the Board regarding the elevation
of the building and alluded to the Land Development Code 7.04.01 item C.
The County Attorney stated he believed the factors were not present in this particular
provisions would not be applicable.
6
Com. Craft stated the Board also needed to follow certain provisions made by FEMA.
The County Attorney stated this was also true and there would be significant penalties if
these provisions were not followed.
Mr. Jim Trump, Yacht Club member addressed the Board and stated the Club concern in
not having the secondary insurance figure.
The County Administrator stated they would get the number.
Com. Coward stated the insurance is not the issue. What he felt was important was the
safety issue. Both experts testified the building should be demolished and they need to
make a sound decision as to what they should after the building is demolished and have
public input. He will make sure the club has the infonnation on the insurance as soon as
it becomes available.
Com. Hutchinson requested a public workshop be scheduled before budget sessions to
discuss the next steps of the Yacht Club and the Civic Center.
It was moved by Com. Craft, seconded by Com. Smith to approve staff recommendation,
to demolish the building, and; upon roll call, motion can-ied unanimously.
7. COUNTY ATTORNEY(1-3082)
Rcsolution No. OÔ-097 Rcsolution extending the Maturity of Advances under Loan
Agreement for MSBU Line of Credit with Bank of America.
It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 06-
097, and; upon roll call, motion carried unanimously.
8. PURCHASING
Approval to contract with Schenkel Shultz Architecture, Inc., for the design of the
Special Needs ShelterlAuditorium- Consider staff recommendation to approve the
agreement/contract per contract # C05-05-270 with Schenkel Shultz Architecture in the
amount of$641,987.00 for the design of the Special Needs Shelter/Auditorium,
permission to advertise Invitation for Bid and authorization for the Chairman to sign the
agreement/contract as prepared by the County Attorney. Staff further recommends
advancing $2,745,622 to this project from unbudgeted fund balance to be reimbursed by
insurance proceeds, FEMA and mitigation grant. It is further recommended that the
$500,000 construction contingency be covered by these reimbursements.
Mr. Johnny Norm, Schenkel Shultz, was present to addrcss any questions the Board may
have.
Com. Coward questioned the participation of the Emergency Management Department in
the design of this facility.
Mr. Norm stated to his knowledge they were satisfied with the design.
The County Administrator advised the Board that Emergency Management and the
Public Safety Director were involved in the project.
Com. Coward requested they look into designing a facility that would be able to expand
in the future.
ThL: ('ollnty Adl11inislJ':llor :ldvisL:d thL: Board of the funding for this project.
/I was JlJoved by (\)111. ('ran, seconded by Com. Smith to approve staff
recolllmendations; and, upon rol] call, motion carried unanimously.
7
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9. COUNTY ATTORNEY (2-166)
Amendment of Sentencing Alternatives, Inc. Contract to operate a standard pretrial
release program in St. Lucie County- Consider staff recommendation to allow the
contractor to operate a standard pretrial release program in addition to the G. P. S.
Program.
The Board directed a letter be sent to the Public Defender asking they notify their staff
and make a request to the State Attorney's office their clients be placed on the program.
/
It was moved by Com. Craft, seconded by Com. Hutchinson, to approve staff
recommendation, and; upon rolJ caIl, motion carried unanimously.
10. GROWTH MANAGEMENT (2-310)
Status report and request for direction regarding Waterstone Subdivision Compliance
with Subdivision Approval Extension Conditions- Consider the memorandum, and any
additional information presented to the Board during the meeting, and public comments,
Staff requested discussion of the item and direction from the Board on compliance and
further direction.
The Growth Management Director addressed the Board on this issue and gave an
overview of the project since the last Board direction.
Com. Smith qucstioncd the tcrm one story town homes.
The representative from KB Homes advised the Board the townhomes will be one story
however, they are still working on the term that will be utilized.
Mr. Timothy .leI us, developcr, addressed the Board and stated he met with the area
residents. He stated there was still some discussion as to how the landscaping was to be
1ínished and the height of the landscaping to those persons to the south of the project and
their view of the project.
Com. Craft commended the landscaping the developer had completed and stated they
went over and above what they expected.
Mr. Jay Maycumber, area resident, addressed the Board and stated the developer had not
completed the project as the Board directed. His fence was not complete and the
boundary is still an issue.
Com. Craft asked for clarification of the hours of operation.
The Asst. County Administrator stated they would put the hours in writing to KM Homes
and copy the Board.
Mr. Frank Stewart, area resident, addressed the Board and expressed his pleasure in the
landscaping done on his property. He requested he be given the replacement of trees in
the one area as promised and rather than a fence a wall be placed and this would solve the
issue of the berm rather than re-adjusting it.
Ms. Nadine Stewart, addressed the Board and also expressed her concerns about the large
trees that are to be replaced, the berm. She also would like a wall rather than a fence.
She stated there are still issues to be worked out and is not comfortable after their
l1lecti ng.
Ms. Susie Caroll, area residellt, addressed the Bounl ami statt.:d they have lIot lillislwd
what was promised as or today, the deadline. Ms. Caron requested a sign be P?~ted with
Ihe correct hours oroperations bas approved by the Board. Monday through I<Iïday,
7:00 a.m. to 5:30p.m., Satun ¡IYs 7:00 a.m.-I :00 p.m. as wt.:11 as the holidays.
8
&
EDLUND· DRITENBAS . BINKLEY
ARCHITECTS AND ASSOCIATES. P.A.
'-1'1 't'
Membel"s ol'the Amel"lcan Institute 01' Äl"chiteote
AR# AACOOO886
I ¡ .
13 March 2006
PROJECT:
PORT ST. LUCIE YACHT CLUB BUILDING
LOCATED AT RIVERP ARK MARINA
OWNER:
ST. LUCIE COUNTY
BUILDING ADDRESS:
500 S.E. PRIMAVIST A BLVD.
PORT ST. LUCIE, FLORIDA
OPINIONS OF PROBABLE COST TO REPLACE THE FACILITY:
(Programming requirements allow a great deal of flexibility in building type, design contigul"ations and interior
fmishes for a facility of this type. This will be an Assembly Occupancy facility under FBC 2004 and NFPA 10 1.)
COMPLEXITY CONSTRUCTION COST *PROJECT COST
FAIR 5,411 SF @ $150.00/SF = 811,650.00 $1,006,842.00
GOOD 5,411 SF @ $180.00/SF = 973,980.00 $1,180,210.00
BETTER 5,411 SF @ $200.00/SF = 1,082,200.00 $1,295,789.00
BEST 5,411 SF @ $225.00/SF = 1,217,475.00 $1,444,889.00
* Project cost includes Demolition Fees, 6.7% AlE fees, Civil Engineering Fees, Surveying, Permit Fees,
Impact and Connection Fees and Reimbursable Expenses for plans and specs.
~
C:020206VB.doc/paul
65 Royal Palm Pointe. Suite 0, Vero Beach. FL 32960
Vera Beach 772/569-4320 Deerfleld Beach 954/429-0995
Fax 772/569-9208 Fax 954/421-8269
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CIVIl... . STRUCTURAl... . ..,...RINS
CSM
ENGINEERS, LLC
March 7, 2006
Purt St. Lucie Yacht Club
Bob Gordon
405 GnsplUÎUa AVE.
Port St. Lucie. FL 34983
Dcar Bob.
1t was a pleasuxe to m.eet yOU on friday. 1 hope that we can help you to rebuild and get the doors
open again at the Port St. Lucie Yac~ Club.
The structural damage caused by the fare is minor. Six 1rI1sses Deed to be repaired or replaced.
The exterior wall on the south side should be extrmded up to the gable end. The north wall can be
retained siDce it is undamaged. As we discussed, the floor slab is settling and we recon.unond that
the foundatJoD be reinforced by underpiœing it usùsg helical pileI, .
As you know, the majority of the damage is caused by the smoke. I spoke with IL contraÇtor that
routinely does restoration work after fires, He told me that what has to be done to defumigate the
building, is to strip the building back to its ftame and soda blast the wood. Basically, what they
do is wash down the building with baking soda that C8J) be bought in drums. The baking soda is
then swept up and the remainder washed away, It does not damage the environment in any way.
We believe that, if possible in your contract with the county, you will want to rebuild so that you
can take advantage of your current setbacks, But, the building will have to be brought up to code,
The aluminum wiring must be replaced; the building must meet clDTCnt ADA (Americans with
Disabilities Act) standards.
Since this is a commercial building. you will need an architect who can provide the plans for the
buiJ.ding interior (c.s. refleçted cellini plans, bathroom plans. finish schedules, ~c.) We can
provide the st:ructural design that you need. Assuming tba1 we es~tia1ly rebuild in kind, we
estimate that the design work, including the architect can be done for less than $20,000.
The bottom line is that I believe that the building can be JCstored within your budget. 1 believe
that repairs can be completed for tess than $500,000.
Xfyoll bA'VO any questions or comments, ptcaso do not hesitate to contac.t mc.
v cry tody yO\lU,
~~
- C¡udy Perflns, P.E.
President
. CSM EnginCe('s, LLC
CSM ENGINEERS, LL.C . 1 B3 BW MONTEREY ROAD, STUAA.T, F'L 34994
PMON£ (772) 22D-460 1 . F'AX (7721 2:ZC-4&D3 · WWW.CBMENIIINE£A.I!I.COM
March 9, 2006
Page 2
Subject: Status Report Waterstone Subdivision
Conditions of Approval
5. At time of approval of final plat, the developer will deposit funds with the county to pay
required fair share for a signalized Intersection.
Status: Staff has not verified that funds have been deposited. Funds are to be paid
before plat is recorded.
6. Condition: Townhouses on certain lots are to be limited to one story.
Status: Staff has met with KB Homes, which will build on the property. They stated that
the town homes will be one story. They were tasked to meet with property owners of the
adjacent lands, and show them lot by lot what models of homes they will build.
7. Condition: Fix the outfall damage at the Stuart's property.
Status: Developer reported to Board of County Commissioners that the materials are on
order, but may not arrive in time to meet the Board's 3D-day deadline. Developer
indicated that the outfall will be repaired as soon as the materials arrive. Board did not
accept developer's statement. Staff has not verified nor received any report of this
repair. Staff will determine status following scheduled March 10 meeting with developer,
and report at meeting.
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F .L· 'O·;R· 'I ,;D ,;p" . .:'
-------,
COMMISSION REVIEW: (INSERT DATE)
March 14, 2006
DEPARTMENT OF GROWTH MANAGEMENT
(insert division name)
MEMORANDUM
DATE:
Board of County Commissioners
Bob Nix, AICP. Director of Growth Management g ~ ,4~
March 9, 2006
TO:
FROM:
SUBJECT:
Status Report Waterstone Subdivision Time Extension Conditions
On February 7, 2006, the Board of County Commissioners approved an extension of the
expiration date of the Waterstone Subdivision site plan with seven conditions. The developer
was to comply in 30 days. Below are the conditions and the staff's information regarding
status/compliance as of March 9. 2006:
1. Condition: No work on the Waterstone site during Federal Holidays.
Status: No Federal Holidays have occurred since February tho In compliance.
2. Condition: Replace trees on the Stuart family's property.
Status: Developer reported progress to Board of County Commissioners on March 7,
2006. No comments from the Stuart family members. Staff will field verify following
meeting scheduled with developer on March 10th. Will report at meeting.
3. Condition; Repair washouts occurring along perimeter of site, particularly on the berm
and under the fence on the berm.
Status: No report until after meeting with developer on March 10th and field visit. Will
report at meeting.
4. Condition: Berm and fence to have approved elevation and to obscure project from view
of neighbors.
Status: Compliance with this condition is in dispute. Staff has reports from neighbors
that berm height is only 1-1/2 feet above finished grade at some locations. Developer
reports berm height is no lower than approximately 4 feet above finished grade at lowest
point, and it varies in height above finished site grade along the property line. Neighbors
insist berm was approved with a height of twelve feet above finished site grade, not
twelve feet above the existing grade of their property. Site has been filled to
accommodate development pursuant to an approved grading and drainage plan.
Agenda Request
Item Number:
Meeting Date:
10
3/14/06
Consent
Regular
Public Hearing
Leg. [ ]
[ ]
[x ]
[ ]
Quasi-JD [
To:
Submitted By:
Board of County Commissioners
Growth Management
Presented By
..--.~
,¿ ~
Vv r 1/ ').
Bob ix~ector
SUBJECT:
Status Report and Request for Direction Regarding Waterstone Subdivision
Compliance with Subdivision Approval Extension Conditions
BACKGROUND:
On Februrary 7th, the Board of County Commissioners approved an extension of the
Waterstone Subdivision Development Order with conditions that were to be met
within 3D-days. The developer reported his progress to the Board during the public
discussion part of the agenda during the regular meeting on March ih.
Attached Is a memorandum reporting to the Board the staff's knowledge of project
compliance as of the date this agenda item was drafted. Additional information is
expected to be available at the meeting, and the staff will update its report at that
time.
FUNDS AVAILABLE:
PREVIOUS ACTION:
N/A
February 7, 2006, Board of County Commissioners conditional approval
of a request to extend the expiration date of the Waterstone Subdivision
Development Order.
RECOMMENDATION:
Consider the attached memorandum, any additional information presented to the
Board during the meeting, and public comment. Discuss the item and give
direction to staff regarding compliance and further action.
COMMISSION ACTION:
c=J APPROVED
[:=J OTHER
CONCURRENCE:
o DENIED
Douglas M. Anderson
County Administrator
Coordination! Signatures
County Attorney
Finance.:
Environ. Resources;
Mgt. &. Budget:
Fire Dept:
Utility:
Purchasing:
Public Works:
Other:
10
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_.~.~_...-._.._-~-,.,.._-"... ...-.
Ms. Caron also commented on the berm height.
Mr. .Jelus addressed the comments made by the residents. He stated he did not have a
problem with the additional planting requested. They had never agreed upon a wall and
he believes they have created a visual barrier for the residents to the south as agreed.
Com. Coward stated this developer bought into a plan he did not design and they have
put in substantial benn and planting, knocked out structures and it is clear to they have
done quite of bit however, he believes it will never satisfy the neighbors, but would like
to know if it will satisfy the Board today. He believes they have done a tremendous job.
Mr. Nix, Growth Management Director stated what they needed in their file was a report
from a qualified member or the staff as to the architecture or our environmental starr
advising and attesting that the landscaping has been installed as to the approved plans and
they would need this before the plat can be approved and also that the issue of whether or
not the site is adequately obscured from view, i.e the benn height, and there is still some
dispute as to whether the buildings will be visible when built, they have not received
anything from the architect that this will be the case. He believes this is what is in
dispute. A county surveyor has reviewed the berm.
Com. Coward requested clarification on what was needed at this point.
The Growth Management Director stated he would like the developer to examine the
landscaping and provide his office with a landscape plan that will assure them the level of
security they want to the height above the benn that is necessary to obscure the houses
from view, signed sealed and delivered and reviewed by staff and then able to certify
compliance based on that plan.
Com. Coward stated the developer needed to also replace trees as requested by the
Stewarts.
The Growth Management Director stated they needed the inspection reports and
compliance with elevations, the as built elevations and inspection of the construction
from the applicant they stated they would provide.
The wall issue: The Board agreed it should be as per the approved plan site and
previously Board discussion was to provide a fence.
Board direction plat approval contingent on all issues being completed.
The Board concurred with the above direction as given.
There being no further business to be brought before the Board, the meeting was
adjourned.
Chainnan
Clerk of Circuit Court
( )
/#--
AGENDA REOUEST
ITEM NO. 2/1
DATE: March 21, 2006
REGULAR [X]
PUBLIC HEARING [ ]
CONSENT [ ]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Daniel S. McIntyre
County Attorney
SUBJECT:
Resolution No. 06-098 - Proclaiming March 25, 2006, through March 26, 2006, as "WINGS 'N WHEELS
AIR, MILITARY AND VEHICLE SHOW WEEKEND" in St. Lucie County, Florida.
BACKGROUND:
Diana Lewis, Airport Director, has requested that this Board proclaim March 25,2006, through March 26,2006,
as "Wings 'N Wheels Air, Military, and Vehicle Show Weekend" in St. Lucie County, Florida. The attached
Resolution No. 06-098 has been drafted for that purpose.
FUNDS AVAIL.:
PREVIOUS ACTION:
RECOMMENDATION:
Staffrecommends that the Board adopt the attached Resolution No. 06-098 as drafted.
COMMISSION ACTION:
CONCURRENCE:
Approved 5-0
'(1
!XI APPROVED [ ] DENIED
[ ] OTHER:
County Attorney:
~
Review and Approvals
Management & Budget
purchasing :
Originating Dept.
Other:
Other:
Finance: (Check for Copy only, if applicable)___
Eff. 5/96
RESOLUTION NO. 06-098
A RESOLUTION PROCLAIMING MARCH 25.
2006 , THROUGH MARCH 26 . 2006 , AS
uWINGS 'N WHEELS AIR, MILITARY, AND
VEHICLE SHOW WEEKEND" IN ST. LUCIE
COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie
County, Florida, has made the following determinations:
1. The Victory Forge Boot Camp, a program of Victory
Children's Home, Port St. Lucie, offers the invaluable community
service of rehabilitating and redirecting troubled youth at a high
risk, into strong, constructive and productive young individuals.
2. Victory Forge Boot Camp plans to celebrate, honor and pay
tribute to America's Service Men and Women at the St, Lucie County
International Airport by presenting world-class military and
civilian performances in the air and on the ground in a tribute to
America's Service Men and Women both present and past.
3. The men and women who have served in America's Armed
Forces have shown the highest form of citizenship and have often
made the ultimate sacrifice through their service defending our
great nation.
4. Wings 'N Wheels 2006, Air, Military and Vehicle Show,
benefitting The Victory Forge Boot Camp, is an event to recognize
and honor all veterans who have served our nation and give our
youth the unique opportunity to meet and talk with the many
decorated veterans.
-
NOW. THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of St. Lucie County, Florida:
1. This Board does hereby proclaim March 25, 2006, through
March 26, 2006, as "WINGS 'N WHEELS AIR. MILITARY AND VEHICLE SHOW
WEEKEND" in St. Lucie County, Florida.
2. This Board urges the citizens of St. Lucie County to
celebrate the weekend of March 25, 2006, and March 26, 2006, as
wings 'N Wheels Air, Military and Vehicle Show Weekend and honor
the men and women who have served this Country.
PASSED AND DULY ADOPTED this 21st day of March, 2006.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK
CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
~
COUNTY'.
F LOR I D A~
----
To:
Submitted By:
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION:
COMMISSION ACTION:
[)(] APPROVED
c=J OTHER
County Attorney
Originating Dept.:
Finance:
Agenda Request
SA
03/21/06
Item Number
Date:
Consent
Regular
Public Hearing
Leg. [ ]
]
[ ]
[ X ]
Quasi-JD [ X ]
Presented By
g rf- ftiL¥
Growth Management Director
Consider Draft Resolution No. 06-009 granting a Change in Zoning from the RS-3
(Residential, Single-Family - 3 du/acre) Zoning District to the PUD (Planned Unit
Development - Whispering Oaks) Zoning District and Preliminary and Final Planned
Unit Development Site Plan Approval for the project to be known as Whispering Oaks
for 67.18 acres of property located on the East side of South Jenkins Road,
approximately 1/3 mile south of Orange Avenue.
Board of County Commissioners
Growth Management
The petitioner, EH Building Group II, LLC, has requested a Change in Zoning from the
RS-3 (Residential, Single-Family - 3 du/acre) Zoning District to the PUD (Planned Unit
Development - Whispering Oaks) Zoning District and Preliminary Planned Unit
Development Approval for the project to be known as Whispering Oaks - PUD for 67.18
acres of property located on the East side of South Jenkins Road, approximately 1/3 mile
south of Orange Avenue to develop 372 total dwelling units: 145 single-family lots; 143
townhouse units with a one car garage; and, 84 townhouse units with no garage.
(File No.: RZ-04-030/PUD-04-028)
N/A
On March 16, 2006, the Planning and Zoning Commission will conduct a public hearing
on this item. Results of that hearing will be forwarded to the Board of County
Commissioners after the hearing. Prior to the Board of County Commissioners meeting
of February 7, 2006, it was determined that the legal description cited within the
advertisement for the item was incorrect in both the ad for the Board of County
Commissioners and the Planning and Zoning Commission meetings. On January 17,
2006, the Board of County Commissioners continued the public hearing on this item to
the February 7, 2006, Board of County Commissioners' meeting. At the December 8,
2005, public hearing on this matter, the St. Lucie County Planning and Zoning
Commission, by a vote of 5 to 2 (Mr. Hearn and Mr. Knapp) with one member (Mr. Trias)
absent, recommended approval of the requested change in zoning and preliminary
planned unit development. On October 20, 2005, the Planning and Zoning Commission
held a public hearing and continued the item to the December 8, 2005, meeting.
Staff recommends approval of
conditions.
Approved 3-2 with Comm.
Smith and Craft voting no.
Approval of Preliminary Site
Plan and staff must come
D DENIED back to the Bee with an
agreed upon conditions and
hours with the Developer at
the Final Site Plan Hearing.
Draft Resolution No. 06-009, subject to 15 limiting
CONCURRENCE:
~
ís
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V""\.I.....,........_... _.~.-___
Purchasing:
Road & Bridge Div.::
Mgt. & Budget:
Envir. Resources Div.: U 6 ~ G,f:J
Transmittal Master Checklist - Whispering Oaks **
Primary Distribution Sent Received
Environmental Resources Department, Amy Mott: X X
Public Works
Surveyor - Ron Harris: X X
Road, Bridge, & Transportation
- Scott Herring: X X
Stormwater Management
- Chris Lestrange: X X
General Engineering - Michael Powley: X X
County Attorney
Property Acquisitions - JoAnn Riley: X X
St. Lucie County Sheriff's Office - Major Monahan: X X
St Lucie County Fire District - Chief Buddy Emerson: X X
Residential Only
School Board of St Lucie County - Marty Sanders: X
Geoaraphical Based
St Lucie County Utility Department - Mike Bowers: X X
City of Ft Pierce - Beach/Recor: X X
,)4
**
Please note that this checklist covers several submittal periods. Please refer to
memo dated March 20, 2006, for details.
~
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Board of County Commissioners Review: March 21,2006
GROWTH MANAGEMENT DEPARTMENT
Planning Division
MEMORANDUM
TO:
Board of County Commissioners
DATE:
Bob Nix, AICP - Growth Management Director
Hank Flores, AICP, - Planning Manager - Short Range Planning #
March 20,2006
VIA:
FROM:
SUBJECT:
Whispering Oaks - Preliminary and Final Planned Unit Development
This memo updates the staff report provided concerning this project and following action by the
St. Lucie County Planning and Zoning Commission meeting of March 16, 2005, which
adjourned at 2:15 A.M. Friday morning. Included with this memorandum is the history of the
distribution of the application materials to reviewing agencies, including the City of Ft. Pierce.
Prior to the originally scheduled public hearing of February 7, 2006, before the Board of County
Commissioners for Preliminary Planned Unit Development approval, it was determined that the
legal advertisement for the proposed project contained an incorrect legal description of the
subject property. Staff was instructed to reschedule the public hearings on this matter as soon
as possible and to allow the applicant to also proceed with Final Planned Unit Development
approval for the project. As a result, the project was rescheduled for review before the Planning
and Zoning Commission on March 16, 2006, and the Board of County Commissioners on March
21,2006.
At the March 16, 2006, Planning and Zoning Commission hearing, the Commission reheard the
petition for a Change in Zoning and Preliminary Planned Unit Development Approval for the
Whispering Oaks project and recommended, by a vote of 6 to 3 (Mr. Grande, Ms. Hammer, and
Ms. Morgan), that the Board of County Commissioners deny the application.
During the discussion of this item, the Planning and Zoning Commission recommended several
revisions to staff recommendations of approval. The conditions are outlined below with the
additions underlined and the deletions struck through.
11. The Homeowners Association guidelines provided with the Final Planned Unit
Development shall include an Aoreement of Sale, or reference referencino the
Preserve Area Management and Monitoring Plan.
14. The irrigation system within this project shall be designed to accept reuse water,
if available, from the Ft. Pierce Utilities Authority (FPUA) as the preferred method
of irrigation.
15. The hours of operation for construction activities shall be limited from ê I A.M. to
ê 5:30 P.M., Monday through Saturday.
March 20, 2006
Page 2
Subject: Whispering Oaks - PUD
Preliminary and Final PUD
The following is a synopsis of the review of this project originally submitted on August 13, 2004.
On September 16, 2004, the application and associated documents submitted for the above
subject project were transmitted to the following Departments, Divisions, and Agencies:
Primary Distribution
Environmental Resources Department - Amy Mott
Public Works Department
Surveyor - Ron Harris
Road & Bridge Division - Scott Herring
Drainage - Christopher Lestrange
Engineering Division - Michael Powley
Building and Zoning Division - Linda Pendarvis
County Attorney's Office
Property Acquisition - JoAnn Riley
Sheriff's Office - Major Michael Monahan
St. Lucie County Fire District - Chief Buddy Emerson
St. Lucie County Utilities Department - Mike Bowers
St. Lucie County School Board - Marty Sanders
St. Lucie MPO - Cheri Fitzgerald
Adjacent Municipality - City of Fort Pierce
On July 12, 2005, the application and associated documents submitted for the above subject
project were transmitted to the following Departments, Divisions, and Agencies:
Environmental Resources Department - Amy Mott
Public Works Department
Surveyor - Ron Harris
Road & Bridge Division - Scott Herring
Drainage - Christopher Lestrange
County Attorney's Office
Property Acquisition - Carol Bishop
Fire department - Chief Buddy Emerson
Comprehensive Planning - Diana Waite
March 20, 2006
Page 3
Subject: Whispering Oaks - PUD
Preliminary and Final PUD
On September 19, 2005, the application and associated documents submitted for the above
subject project were transmitted to the following Departments, Divisions, and Agencies:
Public Works Department
Surveyor - Ron Harris
Road & Bridge Division - Scott Herring
St. Lucie County Fire District - Captain Derek M. Foxx
County Attorney's Office
Property Acquisition - Christine Moller
On November 29, 2005, the application and associated documents submitted for the above
subject project were transmitted to the following Departments, Divisions, and Agencies:
Public Works Department
Surveyor - Ron Harris
Road & Bridge Division - Scott Herring
County Attorney's Office
Property Acquisition - JoAnn Riley
Some time before the Planning and Zoning meeting of December 8, 2005 (approximately
December 2, 2005), and before the Board of County Commissioners meeting of January 17,
2006 (approximately January 13, 2005), plans and staff reports were transmitted to the City of
Fort Pierce. On February 23,2006, County and City Planning staffs met to discuss the process
for the coordination and review of projects between the two governmental entities. At that time,
plans were again transmitted to the City of Fort Pierce. The comments included in the backup
materials were received from the city on March 15, 2006. Kara Wood's comments of March 15th
stated that the city had not received the project landscape plans. Landscape plans and another
site plan were transmitted to the city on March 16, 2006, by GiI Backenstoss, Assistant Growth
Management Director.
On March 1, 2006, the application and associated documents submitted for the above subject
project were transmitted to the following Departments, Divisions, and Agencies:
Public Works Department
Surveyor - Ron Harris
Drainage - Christopher Lestrange
All comments received on the project have been incorporated into the staff report leading to the
final recommendation.
Pease contact this office if you have any questions on this matter.
cc: Mayor Bob Benton - City of Fort Pierce
File
...
~ t' ;
~Ruden
~~IMcClosky
145 NW CENTRAL PARK PLAZA
SUITE 200
PORT ST. LUCIE. FLORIDA 34986
(772) 873-5910
FAX: (772) 873-3110
NOREEN.DREYER@RUDEN.COM
January 26, 2006
Via Hand Delivery
Mr. Doug Anderson
81. Lucie County Administrator
2300 Virginia Avenue
F1. Pierce, FL 34950
Re: Whispering Oaks PUD
Request for Change in Zoning to PUD, for Preliminary Planned Unit Development
Approval and for a Certificate of Capacity
Dear Doug:
As you know, the Whispering Oaks PUD has been reviewed by staff and the Local
Planning Agency and recommended for approval by the Board of County Commissioners. EH
Building Group, II, LLC, has worked diligently to provide the County with a quality project that
contains a mix of housing types to meet the needs of the community and which contains
significant amounts of open space and upland preserve. We further understand that all technical
requirements of the code have been met to the satisfaction of County staff.
Based on our further discussions with you, and with the understanding that the County
will issue a Certificate of Capacity and reserve capacity for the Whispering Oaks PUD with the
approval of the preliminary PUD, I would like to confirm our agreement to the following two
conditions of approval:
1. Prior to or concurrent with the recording of the first plat for the Whispering Oaks Planned
Unit Development, the developer, his successors or assigns, shall pay to 81. Lucie County
all road impact fees for the total project in the amount of $2616.00 per single-family unit
and $1902.00 per multi-family unit.
2. Prior to or concurrent with the recording of the first plat for the Whispering Oaks Planned
Unit Development, the developer, his successors or assigns, shall pay to 8t. Lucie County
the amount of $500,000.00 toward the preparation of a Preliminary Design and
Engineering study for widening Jenkins Road from Okeechobee Road to Orange Avenue.
The County agrees to restrict these funds for this use.
We understand that payment of the road impact fees as described in the first condition above is
now being requested of all developments in the area, and that any adopted change in the road
PSL:23257:1
CARACAS. fT. LAUDERDALE . MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE . SARASOTA· ST. PETERSBURG· TALLAHASSEE· TAMPA· WEST PALM BEACH
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
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Page 2
impact fee either higher or lower than the referenced amounts, will not apply to the Whispering
Oaks Planned Unit Development. The developer will not be entitled to a refund if approved
increases are less, nor will it be required to pay more if approved increases are higher than the
agreed to fees.
Please let me know if this does not accurately reflect our discussions. Thank you for
your attention to this matter.
Sincerely,
,
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Noreen S. Dreyer
NSD/pw
cc: Cliff Stoddard
Lillian Ser, Esq.
Ramsey Bulkeley
Todd White
Julia Shewchuk
PSL:23257:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSElL, P.A.
__ ______ ..._._ _._..._... _,. ........................... _........I.rr.... .T...na ..1.ur:tTD.....Oc:...r...
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Commission Review: March 21, 2006
GROWTH MANAGEMENT DEPARTMENT
Planning Division
MEMORANDUM
TO: Board of County Commissioners
FROM: Growth Management Director
DATE: March 15,2006
SUBJECT: Application of EH Building Group, LLC, for a Change in Zoning from the
RS-3 (Residential, Single-Family - 3 du/acre) Zoning District to the PUD
(Planned Unit Development - Whispering Oaks) Zoning District, and
Preliminary and Final Planned Unit Development Approval for the project
to be known as Whispering Oaks - PUD.
LOCATION: East side of South Jenkins Road, approximately 1/3 mile
south of Orange Avenue.
EXISTING ZONING: RS-3 (Residential, Single-Family - 3 du/acre)
PROPOSED ZONING: PUD (Planned Unit Development - Whispering Oaks)
CURRENT FUTURE LAND USE: RM (Residential Medium)
PARCEL SIZE: 67.18 gross acres
66.57 acres after right-of-way dedication
PROPOSED USE: 372 total dwelling units:
145 single-family lots
143 townhouse units with a one car garage
84 townhouse units with no garage
PROPOSED DENSITY: 5.54 dwelling units per acre
SURROUNDING ZONING: PUD (Planned Unit Development - Bent Creek) to the
east. PUD (Planned Unit Development - Celebration
Pointe) to the south. RS-4 (Residential, Single-Family - 4
du/acre) to the west. RS-3 (Residential, Single-Family - 3
du/acre) to the immediate north and IL (Industrial, Light)
further to the north.
SURROUNDING LAND USES: The general existing land use surrounding the property is
commercial to the north and residential to the west and the
immediate north. There are proposed residential
March 15, 2006
Page 2
Subject: Whispering Oaks - PUD
Preliminary Planned Unit Development
developments - Bent Creek and Celebration Pointe -
located to the east and south of the subject property.
The Future Land Use Classification of the surrounding
area is RM (Residential Medium) to the north, south, and
east. INO (Industrial) is located on the south side of
Orange Avenue. COM (Commercial) is located to the
northeast.
FIRE/EMS PROTECTION:
Station #1 (2400 Rhode Island Avenue), is located
approximately 5.5 miles to the southeast.
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 Jenkins Road is
80 feet. The developer will be dedicating 20 feet of their
western property boundary for the future expansion of
South Jenkins Road. The applicant has also agreed to
contribute an amount up to $500,000.00 toward the
funding of the Realignment and Widening Study for South
Jenkins Road and improvements to the intersection of
Orange Avenue and Kings Highway.
SCHEDULED
IMPROVEMENTS:
Peterson Road is scheduled to be paved as a part of the
Celebration Pointe project, which is approved for the
property located to the immediate south.
TYPE OF CONCURRENCY
DOCUMENT REQUIRED:
Certificate of Capacity.
***********************************************************************
STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03,
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
In reviewing this application for proposed rezoning, the Planning and Zoning
Commission shall consider and make the following determinations:
1. Whether the proposed rezoning is in conflict with any applicable portions of the
St. Lucie County Land Development Code;
March 15, 2006
Page 3
Subject: Whispering Oaks - PUD
Preliminary Planned Unit Development
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
372 dwelling units proposed in the development. The 67.18 acres property has a Future
Land Use Classification of RM (Residential Medium), which may possibly allow a
maximum density of 9 dwelling units per acre. A total of 614 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. The proposed plan has a density of 5.54
units an acre.
2. Whether the proposed amendment is consistent with all elements of the St. Lucie
County Comprehensive Plan;
The proposed Whispering Oaks - 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 for the Future Land Use Classification of RM (Residential Medium)
at 9 dwelling unit per acre. The proposed project is to be developed with a maximum
residential density of 5.54 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 10.01 acres (15.13 percent of the
total site and 50% of the existing native uplands) of native uplands preserved on site.
This preserve area exceeds the required 25% preservation of existing native upland
habitat and meets the 15% of the total site requirements necessary to meet Section
6.00.05(D)(3), of the Land Development Code.
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 the PUD Zoning District for the purpose of allowing
the construction of the 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). The proposed PUD has a gross density
of 5.54 dwelling units per acre. The Celebration Pointe project located to the south has
been approved for 5.12 dwelling units an acre and the Bent Creek project to the east
was approved for 2.7 dwelling units an 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 by the Ft. Pierce Utilities Authority (FPUA).
March 15, 2006
Page 4
Subject: Whispering Oaks - PUD
Preliminary Planned Unit Development
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 and water and sewer service is to be provided by
the Ft. Pierce Utilities Authority (FPUA). The public school system can be expected to
be responsible for the education of an approximately 150 students. The applicant has
reached agreement with the School Board in regard to a contribution toward School
Land Acquisition in the amount of $490.00 per dwelling unit. The applicant has also
reached agreement with the Fire District to contribute an additional $154.00 per dwelling
unit outside of the required impact fees. Drainage will be handled through a master
drainage system which requires a South Florida Water Management District
(S.F.W.M.D.) permit and St. Lucie County Stormwater permit.
The applicant submitted a Transportation Impact Report (TIR) which analyzed the
impacts of the proposed development on the roadway network in the area and
considered approved and proposed projects in the area. According to the TIR provided
for the project, Whispering Oaks is not expected to create an unacceptable level of
service in the immediate area. However, Orange Avenue west of the intersection of
Orange Avenue and Kings Highway is expected to fall below an acceptable level of
service. The developer of Whispering Oaks has agreed to contribute a proportionate
share of the costs to improve this intersection, as well as contributing to the Realignment
and Widening Study for improvements to South Jenkins Road between Orange Avenue
and Okeechobee Road. The total contribution agreed to by the developer of Whispering
Oaks for these items is $500,000.00.
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 adverse environmental impact. The 67.18
acre site contains 32 acres of citrus groves in various stages of development, 20.6 acres
of pine flatwoods, a tree nursery comprises 5.9 acres, 0.7 acres of lake area, and the
remainder consists of exotic non-native species and areas of previous disturbance.
Wetlands
The South Florida Water Management District staff was on-site January 13, 2005, to
verify the fact that there are no wetlands within the boundaries of this project.
Listed Species
No listed species were identified on the site. This has been verified by ERD staff. No
gopher tortoises were found on site and the project is not in the floodplain. There is also
no Caracara habitat located on the subject property.
March 15, 2006
Page 5
Subject: Whispering Oaks - PUD
Preliminary Planned Unit Development
Vegetation Protection
All tree mitigation requirements will be satisfied through Alternative Compliance Methods
per Section 6.00.05(D)(3)(b) of the Land Development Code. The site plan shows 10.01
acres to be preserved (15% of the total site and 50% of the existing native uplands).
This preserve area exceeds the required 25% preservation of existing native upland
habitat and meets the 15% of the total site requirements necessary to meet Section
6.00.05(D)(3), of the Land Development Code.
The applicant will also be restoring a 0.73 acre corner of the site along the northern
property boundary. Their intention is to relocate as many of the trees from the on-site
tree nursery as possible. Therefore, the total amount of upland habitat (combining the
existing areas with the area to be restored) to be preserved will be 10.74 acres (16% of
the total site).
A conservation easement, listing St. Lucie County as one of the Grantee's, will be
required to be established over the uplands to be preserved.
A Preserve Area Management Plan was submitted, which addressed preserve area
protection during construction, exotic plant removal, and native plant restoration within
the preserve areas, as well as, a schedule of the proposed monitoring program. The
Whispering Oaks Homeowners' Association will be responsible for the perpetual
management of the wetland and upland preserve areas.
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 would result with this change in zoning.
8. Whether the proposed amendment would be in conflict with the public interest,
and is in harmony with the purpose and intent of this Code;
The proposed amendment 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, EH Building Group, Inc., is proposing a residential development of 372 units
consisting of 145 single-family lots, 143 townhouse units with a one car garage, and 84
townhouse units with no garage. The subject property is 67.18 acres in size and is located on
the east side of South Jenkins Road, approximately 1/3 mile south of Orange Avenue. The
project is to be known as Whispering Oaks - PUD. As a Planned Unit Development, the
applicant proposes to develop the subject property with some flexibility. Section 7.01.03(1) of
the St. Lucie County Land Development Code requires that 35% of the site must consist of open
space, a minimum of 15% of which must be native upland habitat preserved in its natural
condition. The proposed planned development maintains 43.33 acres (65.1 percent) of the
March 15, 2006
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Subject: Whispering Oaks - PUD
Preliminary Planned Unit Development
project area in total common open space. Lakes contain 10.17 acres, landscaping/open space
contains 23.15 acres, and native upland habitat contains 10.01 acres. The applicant is also
dedicating an additional 20 feet of right-of-way along South Jenkins Road. The remainder of the
project consists of those areas designated for residential development (buildings, roadway,
driveways, and sidewalks).
On October 20, 2005, the Planning and Zoning Commission continued the public hearing on this
item to December 8, 2005, because of several concerns about the design of the project. The
applicant provided a revised site plan based upon those concerns. The proposed changes were
as follows:
1. Replacement of town homes with single family homes in the area adjacent to the U-Vista
Subdivision located to the north of the proposed project. A 10 foot landscape buffer,
including landscaping, berm, and a fence will be located between the project and the
subdivision.
2. Replacement of single-family homes with town homes adjacent to the native upland
habitat preserve in the southwest section of the project. The native upland habitat has
been enhanced and is to provide an additional 30 feet of buffer area to the residences to
the south.
3. Relocation of the amenity center further east and away from proposed town homes.
4. Relocation of the tot lot to the back of the amenity center and away from the street.
5. Increase in the size of the grass ball field. The multiple use sport court was converted to
a larger grass ball field relocated in an area originally proposed for revegetation.
At the December 8, 2005, public hearing on this matter, the St. Lucie County Planning and
Zoning Commission, by a vote of 5 to 2 (Mr. Hearn and Mr. Knapp) with one member (Mr.
Trias) absent, recommended approval of the requested change in zoning and preliminary
planned unit development. At this meeting the Planning and Zoning Commission requested
that the developer consider revising the project to better buffer the residents located to the
south of the proposed project by redesigning the southern retention lake to extend along the
southern property line of the project and extending Pine View Drive to the west into the
preserve area and relocating units from the south end of Tall Pines Court to the preserve area.
The Environmental Resources Department (ERD) reviewed the latter request and has stated
that if the site plan were to be revised in this manner, the project would not meet the minimum
requirements of the Land Development Code concerning vegetation preservation. Attached to
this staff report is the ERD's Final Report concerning the project. Julia Shewchuk of Jordon
Jones & Goulding has stated to staff that the lake cannot be reconfigured without violating the
South Florida Water Management District's criteria for drainage retention areas.
Instead of the requested revisions, the applicant will provide a six foot tall wooden fence along
the property line on top of a four to five foot high berm. The applicant will also work with ERD
staff on the placement of the fence to avoid all native vegetation to the greatest extent possible.
Any areas that become cleared due to the removal of exotic vegetation will be replanted with
March 15, 2006
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Preliminary Planned Unit Development
native plants. The applicant will coordinate with ERD staff on the size and type of plants to be
planted in this area.
Also speaking at the Planning and Zoning Commission meeting of December 8, 2005, were
residents of the U-Vista Subdivision located on the north side of the northeast corner of the
proposed development. They requested screening and additional vegetation between their
homes and the proposed project. They also requested that none of the homes in this area be
allowed to exceed one-story in height, consistent with their homes. The applicant has
proposed a 6-foot vinyl-coated chain link fence with associated landscaping in this area. The
applicant will also be installing a drainage ditch on the south side of the property line to
accommodate excess drainage from the U-Vista Subdivision. They stated at the meeting that
they would consider restricting the height of the structures to one story in this area, but have
not indicated their decision to staff.
On January 17, 2006, the Board of County Commissioners continued the public hearing on this
item to February 7, 2006, in order to allow staff time to determine appropriate conditions of
approval subsequent to the petitioner's request that they be allowed to reserve traffic capacity
for the proposed project.
Prior to the scheduled public hearing of February 7, 2006, before the Board of County
Commissioners, it was determined that the legal advertisement for the proposed project
contained an incorrect legal description of the subject property. As a result, the project was
been rescheduled for review before the Planning and Zoning Commission on March 16, 2006,
and the Board of County Commissioners on March 21, 2006. Staff will provide the Board of
County Commissioners an update on the recommendation of the Planning and Zoning
Commission prior to the March 21,2006, Board of County Commissioners meeting.
Attached to the staff report is a memo from Kara Wood, Urban Designer, of the City of Ft. Pierce
received on March 14,2006. Staff has not had adequate time to review these comments at this
time. Also attached are draft agreements between the developer and the School Board and the
Fire District for the provisions of additional impact fees outside of the required impact fees.
Staff has determined that the proposed zoning district designation and Preliminary and Final
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 the Board of
County Commissioners approve the petition, subject to the following conditions:
1. Prior to the recording of any Final Plats of the Whispering Oaks Planned Unit
Development, the developer, his successors or assigns, shall pay Road Impact
Fees to St. Lucie County in the amount of $2,616.00 per single-family lot and
$1,902.00 per multiple-family (townhouse) unit. The developer, his successors
or assigns, shall not be responsible for any additional Road Impact Fee
payments to St. Lucie County. Should the Board of County Commissioners
approve a Road Impact Fee adjustment more than or less than the agreed to
payment schedule described above, the above described schedule shall apply.
March 15, 2006
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Preliminary Planned Unit Development
2.
Prior to the recording of any Final Plats for the project, the developer, his
successor or assigns, shall pay the amount of $500,000.00 to St. Lucie County to
offset any and all impacts of the Whispering Oaks PUD on St. Lucie County's
transportation network. This contribution shall be used by the County as follows:
a) a portion of the contribution shall first be used to pay for the proportionate
share of the impacts of the Whispering Oaks - PUD on the intersection of Kings
Highway and Orange Avenue, and b) the remainder of the contribution shall be
applied toward the cost of the preparation of a Realignment and Widening Study
for roadway improvements for South Jenkins Road from Okeechobee Avenue to
Orange Avenue. This contribution, along with payment of the impact fees and
the required specific site related improvements, shall satisfy all impacts of the
Whispering Oaks - PUD on St. Lucie County's road network.
3.
As a part of any Final Plat of the proposed project, the petitioner, his successors
or assigns, shall conveyor dedicate by plat to St. Lucie County, the west 20 feet
of the subject property along South Jenkins Road for additional right-of-way. To
the extent permitted under the County's Code and Compiled Laws, any such
dedication may be considered eligible for Road Impact Fee Credits.
4.
Prior to the recording of any Final Plats for the project, the developer, his
successor or assigns, shall either construct or submit sufficient security in
accordance with Section 11.04.00 of the St. Lucie County Land Development
Code for the construction of a southbound left turn lane into the project entrance
on South Jenkins Road.
5.
Prior to the recording of any Final Plats for the project, the developer, his
successor or assigns, shall either construct or provide sufficient security in
accordance with Section 11.04.00 of the St. Lucie County Land Development
Code for the construction of a northbound right turn lane into the project entrance
on South Jenkins Road.
6.
Prior to the recording of any Final Plats for the project, the developer, his
successor or assigns, shall either construct or provide sufficient security in
accordance with Section 11.04.00 of the St. Lucie County Land Development
Code for the construction of a left turn lane into the project entrance on Peterson
Road.
7.
Prior to the recording of any Final Plats for the project, the developer, his
successor or assigns, shall either construct or provide sufficient security in
accordance with Section 11.04.00 of the St. Lucie County Land Development
Code for the construction of a 6-foot wide sidewalk along the project's frontage
on South Jenkins Road.
8.
The developer, his successors or assigns, shall be required to provide a Bus
StoplTransit Stop at the entrance to the project on South Jenkins Road.
March 15, 2006
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9.
12.
13.
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15.
Subject: Whispering Oaks - PUD
Preliminary Planned Unit Development
Prior to the issuance of a St. Lucie County Vegetation Removal Permit, the
developer, his successors or assigns, shall provide to the St. Lucie County
Environmental Resources Department an executed and recorded copy of the
conservation easement for the 10.01 acres of uplands to be preserved.
10.
Prior to Final Planned Unit Development Approval, the developer, his successors
or assigns, shall submit and have approved adequate littoral planting plans to the
St. Lucie County Environmental Resources Department. Said landscape plan
shall include the exact littoral zone locations around a portion of each lake
constructed on site along with the proposed plant sizes, quantities, and spacing.
11.
The Homeowners Association guidelines provided with the Final Planned Unit
Development shall include or reference the Preserve Area Management and
Monitoring Plan.
Prior to the issuance of a St. Lucie County Vegetation Removal Permit, all
preserve areas shall be barricaded per the approved Preserve Area
Management and Monitoring Plan.
No two adjoining single-family homes shall have the same front architectural
elevation.
The irrigation system within this project shall be designed to accept reuse water
from the Ft. Pierce Utilities Authority (FPUA) as the preferred method of
irrigation.
The hours of operation for construction activities shall be limited from 6 AM. to 6
P.M., Monday through Saturday.
Attached is a copy of Draft Resolution No. 06-009, which, if approved, would grant a Change in
Zoning from the RS-3 (Residential, Single-Family - 3 du/acre) Zoning District to the PUD
(Planned Unit Development - Whispering Oaks) Zoning District, and Preliminary and Final
Planned Unit Development approval for the project to be known as Whispering Oaks - PUD,
subject to the referenced conditions.
Please contact this office if you have any questions on this matter.
SUBMITTED:
ß vi- ¡/-f
Bob Nix, AICP
Growth Management Director
Attachment
hf
cc: Julia Shewchuk, AICP - Jordan Jones & Goulding
Noreen Dreyer, Esq. - Ruden, McClosky
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RESOLUTION NO. 06-009
FILE NO: PUD-04-029/RZ-Q4-032
A RESOLUTION GRANTING A CHANGE IN ZONING
FROM THE RS-3 (RESIDENTIAL, SINGLE-FAMILY - 3
DU/ACRE) ZONING DISTRICT TO THE PUD (PLANNED
UNIT DEVELOPMENT - WHISPERING OAKS) ZONING
DISTRICT, AND PRELIMINARY AND FINAL PLANNED
UNIT DEVELOPMENT APPROVAL FOR THE PROJECT
TO BE KNOWN AS WHISPERING OAKS - PLANNED
UNIT DEVELOPMENT
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
testimony and evidence, including but not limited to the staff report, has made the following
determinations:
1. EH Buildina Group, Inc., presented a petition for Preliminary and Final Planned Unit
Development approval for the project to be known as Whispering Oaks for the
construction of a total of 372 units consisting of 145 single-family lots, 143 townhouse
units with a one car garage, and 84 townhouse units with no garage to be located on
67.18 acres on the east side of South Jenkins Road, approximately 1/3 mile south of
Orange Avenue.
2. The Development Review Committee has reviewed the site plan for the proposed project
and found it to meet minimum technical requirements.
3. On March 16, 2006, 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 approve the Preliminary Planned Unit Development approval for
the project to be known as Whispering Oaks - PUD, for the property depicted on the
attached Maps as Exhibit "AIf and described in Part B below.
4. On March 21, 2006, 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
Development Plan approval for the project to be known Whispering Oaks - PUD.
5. The proposed project is consistent with the general purpose, goals, objectives, and
standards of the St. Lucie County Land Development Code, the St. Lucie County
Comprehensive Plan, and the Code of Ordinances of St. Lucie County.
File No.: PUD-04-028/RZ-04-030
March 21,2006
Resolution No. 06-009
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6. 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.
7. All reasonable steps have been taken to minimize any adverse effect of the proposed
project on the immediate vicinity through building design, site design, landscaping, and
screening.
8. The proposed project will be constructed, arranged, and operated so as not to interfere
with the development and use of neighboring property, in accordance with applicable
district regulations.
9. The proposed project will be served by adequate private facilities and services.
10. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by
the Growth Management Director on March 21,2006.
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 Whispering Oaks - A Planned Unit
Development be, and the same is hereby approved as shown on the site plan drawings for the
project prepared by Jones Jordan & Goulding, Inc., dated February 13, 2006, and date stamped
received by the St. Lucie County Growth Management Director on February 14, 2006, for the
property described below, subject to the following conditions:
1. Prior to the recording of any Final Plats of the Whispering Oaks Planned Unit
Development, the developer, his successors or assigns, shall pay Road Impact
Fees to St. Lucie County in the amount of $2,616.00 per single-family lot and
$1,902,00 per multiple-family (townhouse) unit. The developer, his successors or
assigns, shall not be responsible for any additional Road Impact Fee payments to
St. Lucie County. Should the Board of County Commissioners approve a Road
Impact Fee adjustment more than or less than the agreed to payment schedule
described above, the above described schedule shall apply.
2. Prior to the recording of any Final Plats for the project, the developer, his
successor or assigns, shall pay the amount of $500,000.00 to St. Lucie County to
offset any and all impacts of the Whispering Oaks PUD on St. Lucie County's
transportation network. This contribution shall be used by the County as follows:
a) a portion of the contribution shall first be used to pay for the proportionate
share of the impacts of the Whispering Oaks - PUD on the intersection of Kings
Highway and Orange Avenue, and b) the remainder of the contribution shall be
applied toward the cost of the preparation of a Realignment and Widening Study
for roadway improvements for South Jenkins Road from Okeechobee Avenue to
File No.: PUD-04-028/RZ-04-030
March 21,2006
Resolution No. 06-009
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Orange Avenue. This contribution, along with payment of the impact fees and the
required specific site related improvements, shall satisfy all impacts of the
Whispering Oaks - PUD on St. Lucie County's road network,
3.
As a part of any Final Plat of the proposed project, the petitioner, his successors
or assigns, shall conveyor dedicate by plat to St. Lucie County, the west 20 feet of
the subject property along South Jenkins Road for additional right-of-way. To the
extent permitted under the County's Code and Compiled Laws, any such
dedication may be considered eligible for Road Impact Fee Credits.
4.
Prior to the recording of any Final Plats for the project, the developer, his
successor or assigns, shall either construct or submit sufficient security in
accordance with Section 11.04.00 of the St. Lucie County Land Development Code
for the construction of a southbound left turn lane into the project entrance on
South Jenkins Road.
5.
Prior to the recording of any Final Plats for the project, the developer, his
successor or assigns, shall either construct or provide sufficient security in
accordance with Section 11.04.00 of the St. Lucie County Land Development Code
for the construction of a northbound right turn lane into the project entrance on
South Jenkins Road.
6.
Prior to the recording of any Final Plats for the project, the developer, his
successor or assigns, shall either construct or provide sufficient security in
accordance with Section 11.04.00 of the St. Lucie County Land Development Code
for the construction of a left turn lane into the project entrance on Peterson Road.
7.
Prior to the recording of any Final Plats for the project, the developer, his
successor or assigns, shall either construct or provide sufficient security in
accordance with Section 11.04.00 of the St. Lucie County Land Development Code
for the construction of a 6-foot wide sidewalk along the project's frontage on
South Jenkins Road.
8.
The developer, his successors or assigns, shall be required to provide a Bus
StoplTransit Stop at the entrance to the project on South Jenkins Road.
9.
Prior to the issuance of a St. Lucie County Vegetation Removal Permit, the
developer, his successors or assigns, shall provide to the St. Lucie County
Environmental Resources Department an executed and recorded copy of the
conservation easement for the 10.01 acres of uplands to be preserved.
10.
Prior to Final Planned Unit Development Approval, the developer, his successors
or assigns, shall submit and have approved adequate littoral planting plans to the
St. Lucie County Environmental Resources Department. Said landscape plan shall
include the exact littoral zone locations around a portion of each lake constructed
on site along with the proposed plant sizes, quantities, and spacing.
File No.: PUD-04-028/RZ-04-030
March 21, 2006
Resolution No. 06-009
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11. The Homeowners Association guidelines provided with the Final Planned Unit
Development shall include or reference the Preserve Area Management and
Monitoring Plan.
12. Prior to the issuance of a St. Lucie County Vegetation Removal Permit, all
preserve areas shall be barricaded per the approved Preserve Area Management
and Monitoring Plan.
13. No two adjoining single-family homes shall have the same front architectural
elevation.
14, The irrigation system within this project shall be designed to accept reuse water
from the Ft. Pierce Utilities Authority (FPUA) as the preferred method of irrigation.
15. The hours of operation for construction activities shall be limited from 6 A.M. to 6
P.M., Monday through Saturday.
B. The property on which this Preliminary and Final Planned Unit Development approval is
being granted is described as follows:
PARCEL 1
THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, AND THE
NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, AND THE WEST 1/2
OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, AND THE
EAST 1/2 OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, ALL IN
SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST, LESS AND EXCEPT THE RIGHT -OF-
WAY FOR CANAL NO. 35 OF THE NORTH ST. LUCIE RIVER WATER MANAGEMENT
DISTRICT.
PARCEL 2
THE WEST 3/4 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4
AND THE NORTH 132 FEET OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4, ALL IN SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST, LESS AND
EXCEPT THE RIGHT-OF-WAY FOR JENKINS ROAD, PUBLIC RECORDS OF ST. LUCIE
COUNTY, FLORIDA.
PARCEL 3
THE SOUTH 541.85 FEET OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION
7, TOWNSHIP 35 SOUTH, RANGE 40 EAST, LESS AND EXCEPTING THEREFROM THE
RIGHT-OF-WAY FOR JENKINS ROAD, PUBLIC RECORDS OF ST. LUCIE COUNTY,
FLORIDA.
File No.: PUD-04-028/RZ-04-030
March 21, 2006
Resolution No. 06-009
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TOGETHER WITH AN EASEMENT FOR PUBLIC UTILITY PURPOSES ONLY OVER, UNDER,
AND ACROSS THE EASTERLY TWENTY-FIVE FEET OF THE FOLLOWING DESCRIBED
LAND:
BEING THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 35
SOUTH, RANGE 40 EAST, LESS AND EXCEPTING THEREFROM THE RIGHTS-OF-WAY
FOR ORANGE AVENUE AND JENKINS ROAD, AND ALSO LESS THE SOUTH 541.85 FEET,
PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
SUBJECT TO AND AS SHOWN IN THE OVERLAP AREA AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST; THENCE
RUN NORTH 89°42'05" EAST ALONG THE NORTH LINE OF THE SAID NORTHWEST
QUARTER, A DISTANCE OF 1329,82 FEET TO THE NORTHEAST CORNER OF THE SAID
NORTHWEST QUARTER; THENCE RUN SOUTH 00°13'04" WEST ALONG THE EAST LINE
OF THE SAID NORTHWEST QUARTER, A DISTANCE OF 46,50 FEET TO THE SOUTH
RIGHT-OF-WAY LINE OF ORANGE AVENUE (STATE ROAD 68) AND THE POINT OF
BEGINNING; THENCE CONTINUE SOUTH 00°13'04" WEST, A DISTANCE OF 615.18 FEET
TO A 1/2" IRON ROD WITH A CAP STAMPED RLS 2391; THENCE RUN SOUTH 89°43'10"
WEST, A DISTANCE OF 13,07 FEET TO A POINT THAT IS SOUTH 00°22'23" WEST, A
DISTANCE OF 7.92 FEET FROM A 5/8" IRON ROD TO A 1/2" IRON ROD WITH A CAP
STAMPED RLS 2391; THENCE RUN NORTH 00°22'23" EAST, A DISTANCE OF 615.19 FEET
TO THE SAID SOUTH RIGHT-OF-WAY LINE OF ORANGE AVENUE AND A 1/2" IRON ROD
WITH A CAP STAMPED RLS 2391; THENCE RUN NORTH 89°42'05" EAST, A DISTANCE OF
11.40 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.173 ACRES, MORE OR LESS, ALL LYING AND BEING IN SECTION 7,
TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA.
SUBJECT PARCEL CONTAINING 67.18 ACRES, MORE OR LESS.
(Tax ID#'s: 2407-321-0001-000/8; 2407-331-0001-000/9; and, 2407-313-0001-000/3)
(Location:
East side of South Jenkins Road, approximately 1/3 mile south of
Orange Avenue)
C. This Preliminary and Final Planned Unit Development approval shall expire on March 21,
2008, unless an extension is granted in accordance with Section 11.02.06(8)(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 Part A,
which plan shall be placed on file with the St. Lucie County Growth Management Director.
File No.: PUD-04-028/RZ-04-030
March 21, 2006
Resolution No. 06-009
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E. The certificate of capacity, attached as Exhibit A, shall be valid for the same period as
this order. If this order expires or otherwise terminates, the certificate of capacity shall
automatically terminate.
F. A copy of this Order shall be attached to the site plan drawings described in Section A,
which plan shall be on file with the St. Lucie County Growth Management Director.
G. This Order shall be recorded in the Public Records of St. Lucie County.
After motion and second, the vote on this resolution was as follows:
Chairman Doug Coward
xxx
Vice-Chairman Chris Craft
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Commissioner Paula A. Lewis
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Commissioner Joseph E. Smith
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Commissioner Frannie Hutchinson
xxx
PASSED AND DULY ADOPTED this 21st Day of March 2006.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
Chairman
ATTEST:
APPROVED AS TO FORM AND
CORRECTNESS:
Deputy Clerk
County Attorney
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H:\WORD\Petitions\BCC\FINISHED.06\WhisperingOaksPreliminary_Final_PUD.PD\WhisperingOaksPreliminary-Final-PUD-RES.doc
File No.: PUD-04-028/RZ-04-030
March 21, 2006
Resolution No. 06-009
Page 6
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EXHIBIT "A"
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Certificate of Capacity
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File No.: PUD-04-028/RZ-04-030
March 21, 2006
Resolution No. 06-009
Page 7
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File No.: PUD-04-028/RZ-04-030
March 21, 2006
Resolution No. 06-009
Page 8
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EXHIBIT "B"
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8 . General Location Map
9 . Area Subject to Preliminary Planned
10 Unit Development Approval
11 . Site Plan Graphics
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File No.: PUD-04-028/RZ-04-030
March 21, 2006
Resolution No. 06-009
Page 9
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2005 Florida League of Cities "City of Excellence" Award Winner
ZONING ADMINISTRATION
DEVELOPMENT REVIEW
COMPREHENSIVE PLANNING
URBAN DESIGN
HISTORIC PRESERVATION
CULTURAL RESOURCES
DEPARTMENT OF PLANNING
"IMPROVING T/-IE WA Y WE Do BUSINESS"
To:
FROM:
CC:
RE:
DATE:
GIL BACKENSTOSS, ASSISTANT DIRECTOR OF GROwrH MANAGMENT
KARA WOOD, URBAN DESIGNER
HANK FLORES, SENIOR PLANNER
WHISPERING OAKS - PREUMINARY & FINAL PUD
MARCH 13, 2006
I have reviewed the application submittal for Whispering Oaks; following are comments on the
design and planning of this project.
· Architecture: The articulation implied on the Mission-inspired elevation is not shown in
plan, which elicits the question of whether or not this is a true articulation or just a stucco
detail or change in paint color. The expression of verticality should be offset from the wall
plane by at least one foot. Also, no architectural drawings are provided for the units with a
garage. It is critical to evalutate these elevations as much of the street frontage is framed
by them.
· Landscape: No landscape plan was provided in the application packet. Of particular
concern is the landscape treatment of Hidden Oaks Circle, In this parking layout, trees
can't be spaced closely enough to create any defined street space or shading.
· Context: The site plan indicates the parcel to the east as a PUD, but does not show
existing structures or roadways. Include the plans for this development, and demonstrate
whether there is an opportunity to make a vehicular or pedestrian connection. Update the
site plan drawing that is overlaid on the aerial photograph. On the current drawing, the
property boundary indicates a "privacy fence," but this is not labeled on the site plan
drawing.
· Focal Points: Tall Pines Court extends to access one townhouse building and dead ends
with no turnaround. Moving the club house complex west to the entrance corner at
Whispering Oaks Drive and Tall Pines Court would allow for the relocation of that
townhouse building to face Whispering Oaks Drive and look out across the lake. Another
option is to place those townhouses along the east side of Oak Preserve Drive.
· Street Sections: Hidden Oaks Circle is a road made unfortunate and desolate by being
lined with parking on both sides. An acceptable street section ratio of width to height in
promoting clear spatial enclosure is 3: 1, meaning that the building-to-building distance
should be no more than three times the height of the buildings. This analysis is based on
the human cone of vision: if the cone of vision encompasses less street wall than sky
opening, the sense of enclosure will be minimal. Spatial definition, defined by building and
100 N. U.S. 1 0 P.O. Box 1480 () FORT PIERCE, FL 34954-1480 () 772-460-2200 0 FAX 772-466-5808
MARCH 14, 2006
PAGE 2
landscape mass, increases as the ratio of street wall to sky opening increases. If streets
are designed according to this standard, they have the potential to become true public
spaces where people want to walk and socialize. As Hidden Oaks Circle is designed, it is
governed only by the functioning of the car and its storage. If the units on either side of
these streets as proposed are 20 feet to the eaves on a 72-foot right of way with parking,
the dimension between buildings is 92 feet with a resulting ratio of 4.6: 1. This provides little
sense of spatial definition. A solution to this involves the rearrangement of circulation and
services. Add an alley between the buildings in the center and around the perimeter of the
northeast section of the site. Placing resident parking behind the buildings, decreasing
travel lanes to 11' each and adding a lane of parallel parking on each side to accommodate
guest parking and serve as a buffer between vehicles and pedestrians reduces the
building-to-building distance to only 62 feet. This would yield the desired proportion of 3: 1 .
When properly landscaped and framed by strong architecture, this is the kind of street
space that people want to inhabit, not the alternative that is surrounded by a parking lot.
Allowing an alley to separate the backs of units would also resolve the sacrifice of rear yard
privacy with the back to back arrangement. As designed, this back yard space will
inevitably become a maze of privacy fences, allowing second-story windows to overlook
the corresponding rear yard and making passage between units for both residents and
service persons more difficult.
. Land Planning: The applicant's achievement of preserving a large section of the pine
flatwoods is acknowledged and appreciated. It seems that some awkward conditions of
frontage are created in this layout however. Consider wrapping townhomes around the
northern edge of the lot to face in as the units do elsewhere in the project. Line the street
that extends south from the northeast quadrant with units that frame the street and look out
over the water. This scheme would still preserve the pine flatwoods and resolve the
conditions where units face the boundary of the property and the backs of adjacent
development.
P.O. Box 1480 0 FORT PIERCE, FL 34954-1480 0 772-460-2200
DEPARTMENT OF PUBLIC WORKS
Environmental Resources Division
MEMORANDUM
11.1................\.1. A*******************************************************************************************************************
TO:
David Kelly, Planning Manager
FROM:
Amy Mott, Environmental Regulations Supervisor
DATE:
January 12, 2006
RE: Whispering Oak SID - Major Site Plan
*******************************************************************************************************
***
HISTORY OF COMMENTS:
1) Revise the Environmental Impact Report to address the impacts, as required by
Section 11,05.09 of the St. Lucie County Land Development Code, that will be
incurred by the proposed development. The report that was submitted is only an
Environmental Assessment of the existing site conditions. Please provide a map
showing the location of all listed species found on or adjacent to the site, including
the gopher tortoises discussed in the EA.
ADDRESSED - A more thorough EIR was received. No listed species were located
on..site.
2) A conservation easement will be required for the preserve areas, per Policies
8.1.4,13 and 8.1.12.8 of the Conservation Element of the St. Lucie County
Comprehensive Plan.
ADDRESSED - Applicant has agreed to dedicate a conservation easement to St.
Lucie County for the 10.01 acres of upland preserve. A condition of approval shall
be that an executed (signed) and recorded copy of the easement document must be
provided to SLC ERD prior to the issuance of a SLC Vegetation Removal Permit.
3) In accordance with Conservation Policy 8.1.2.5 a vegetated and functional littoral
zone must be established as part of the surface water management system.
ADDRESSED - A condition of approval of the Final PUD shall be that the landscape
plan to be provided with Final PUD plan include exact littoral zone locations around
a portion of each lake constructed on site along with the proposed plant sizes,
quantities, and spacing.
C:\TEMPlWHISPERING OAKS3.DOC
4) Please submit a Preserve Area Monitoring and Management Plan. The plan, at a
minimum, should address exotic removal in all preserved wetlands and upland
areas, protection barricades around preservation areas and silt fencing around
wetlands during construction, proposed monitoring program, proposed replanting
plan of native vegetation in any impacted areas, signage for preserve area
boundaries, explanation of who will be responsible for future maintenance, etc.
ADDRESSED - A condition of approval of the Final PUD shall be that the
Homeowners Association guidelines be provided with Final PUD plan and shall
include or reference the Preserve Area Management and Monitoring Plan. A
condition of approval shall be that, prior to the approval of a St. Lucie County
Vegetation Removal Permit, all preserve areas shall be barricaded per the approved
Preserve Area Management and Monitoring Plan.
5) Please submit all correspondence with SFWMD and the ACOE regarding the
acceptance of the wetland jurisdictional boundaries, as well as an explanation of the
proposed mitigation to offset impacts to the wetlands.
ADDRESSED - The SFWMD staff was on-site January 13, 2005 to verify the fact that
there are no wetlands within the boundaries of this project.
SUMMARY OF ENVIRONMENTAL ISSUES FOR WHISPERING OAKS PROJECT:
Whispering Oaks is a project located on 67.18 acres. Pre-development vegetation covers
consist of 1.5 acres of "Urban Land in Transition", 32 acres of Citrus Grove, 5.9 acres of
tree nursery, 20.6 acres of Pine Flatwoods, 1.4 acres of Brazilian Pepper, 1.3 acres of
Cabbage Palms/Australian Pine, and 37 acres of Lakes.
Wetlands
The SFWMD staff was on-site January 13, 2005 to verify the fact that there are no
wetlands within the boundaries of this project.
Listed Species
No listed species were identified on site (verified by ERD staff).
Vegetation Protection
All tree mitigation requirements will be satisfied through Alternative Compliance Methods
per Section 6.00.05(D)(3)(b) of the SLC LDC. The site plan shows 10.01 acres to be
preserved (15% of the total site and 50% of the existing native uplands). This preserve
area exceeds the required 25% preservation of existing native upland habitat and meets
the 15% of the total site requirements necessary to meet Section 6.00.05 D 3, of the St.
Lucie County Land Development Code.
The applicant will also be restoring a .73 acre corner of the site along the northern property
boundary. Their intention is to relocate as many of the trees from the on-site tree nursery
as possible. Therefore, the total amount of upland habitat (combining the existing areas
with the area to be restored) to be preserved will be 10.74 acres (16% of the total site).
C:\TEMPlWHISPERING OAKS3.DOC
A conservation easement, listing St. Lucie County as one of the Grantee's, will be
established over the uplands to be preserved,
A Preserve Area Management Plan was submitted addressing preserve area protection
during construction, exotic plant removal and native plant restoration within the preserve
areas, as well as a schedule of the proposed monitoring program. The Homeowner
Association will be responsible for the perpetual management of the wetland and upland
preserve areas.
CONDITIONS OF APPROVAL:
1) A condition of approval of the site plan shall be that that an executed (signed) and
recorded copy of the easement document over the 10.01 acres of uplands to be
preserved must be provided to SLC ERD prior to the issuance of a SLC Vegetation
Removal Permit.
2) A condition of approval shall be that the landscape plan to be provided with Final
PUD plan includes exact littoral zone locations around a portion of each lake
constructed on site along with the proposed plant sizes, quantities, and spacing.
3) A condition of approval shall be that the Homeowners Association guidelines be
provided with Final PUD plan and shall include or reference the Preserve Area
Management and Monitoring Plan.
4) A condition of approval shall be that, prior to the approval of a St. Lucie County
Vegetation Removal Permit, all preserve areas shall be barricaded per the approved
Preserve Area Management and Monitoring Plan.
BUFFERING OF NEIGHBORING PROPERTIES (DISCUSSION):
Between the Whispering Oaks project and Ms. Langel's property to the south, the
applicant will be preserving all native vegetation within the 4.08 acre upland
preserve and be providing a six foot tall wooden fence along the property line. The
applicant will work with ERD staff on the placement of the fence to avoid all native
vegetation to the greatest extent possible. Any areas that become cleared due to the
removal of exotic vegetation will be replanted with native plants. The applicant shall
receive approval from ERD staff on the size and type of plants to be planted in this
area.
Between the Whispering Oaks project and the Gladwin's property to the south, the
applicant will be preserving all native vegetation within a thirty foot wide strip and
providing a six foot tall wooden fence along the property line. The applicant will
work with ERD staff on the placement of the fence to avoid all native vegetation to
the greatest extent possible. Any areas that become cleared due to the removal of
exotic vegetation will be replanted with native plants. The applicant shall receive
approval from ERD staff on the size, spacing, and type of plants to be planted in this
C:ITEMPIWHISPERING OAKS3.DOC
area. ERD is not supporting that this will be sufficient to completely screen the 26.5
foot tall town homes to someone standing on the property line. The 30 foot strip of
native vegetation along with a fence and supplemental plantings do exceed the
minimum requirements set forth in Section 7.09.04 (E) of the St. Lucie County Land
Development Code. Please note that ERD had erroneously informed the Gladwin's
that the two town homes in the Whispering Oaks project, just north of their property
would be relocated to areas elsewhere within the project. This was the assumption
made by ERD staff after meeting with a member of the Planning and Zoning Board,
but prior to meeting with the applicant on 1/12/06. ERD would like to advise that if
the BOCC recommends relocation of these two town homes that they should not be
placed anywhere within the 10.01 acres of preserve as this would result in the
project no longer satisfying Section 6.00.05(D)(3)(b) of the SLC LDC. If the two
townhomes cannot be relocated to areas outside of the 10.01 acres of preserve area
then ERD contends that they should be eliminated.
Between the Whispering Oaks project and the Perez's property to the south, the
applicant will be preserving as much native vegetation as possible within the area
between the property line and the stormwater lake and will also be providing a six
foot tall wooden fence along the property line. The applicant will work with ERD
staff on the placement of the fence to avoid all native vegetation to the greatest
extent possible. Any areas that become cleared due to the removal of exotic
vegetation and the construction of the stormwater lake will be replanted with native
plants. The applicant has also committed to regrade the soil and replant native
vegetation on the Perez's property where their land clearing contractor had cleared
an area of Australian pine (without the Perez's authorization). The applicant shall
receive approval from ERD staff on the size and type of plants to be planted in this
area.
To reiterate, if relocation of the two town homes along the southern property
boundary is recommended, then they should not be placed anywhere within the
10.01 acres of preserve as this would result in the project no longer satisfying
Section 6.00.05(D)(3)(b) of the SLC LDC. If the two townhomes cannot be relocated
to areas outside of the 10.01 acres of preserve area then ERD contends that they
should be eliminated.
C:ITEMPIWHISPERING OAKS3.DOC
Development Review Committee
Site Plan Sign-Off Sheet
Site Plan Name:
Whispering Oaks - PUD
Site Plan Number:
PUD-04-028
Division:
Code Compliance
DRC Member:
Chris Lestranae
Phone #:
462-3755
Review Date:
3/2/06
I have reviewed the above referenced site plan and determined the following:
Site Plan Approved
o
D
Site Plan Approved with Conditions:
(List all conditions in full format on how you wish for them to be listed in the development order)
Site Plan Rejected (give reasons):
D
Required revisions or reasons for rejection (attach additional sheets if necessary):
Development Review Committee
Site Plan Sign-Off Sheet
Site Plan Name:
Whisperina Oaks PUD
Site Plan Number:
MJSP-04-015
Division:
St. Lucie County Fire District
DRC Member:
Capt. Derek M. Foxx
Phone #:
462-8306
Review Date:
10/5/04 & 06/10/2005 & 06/14/2005 07/25/2005 & 08/21/2005
I have reviewed the above referenced site plan and determined the following:
o
Site Plan Approved with Conditions: D
(List all conditions in full format on how you wish for them to be listed in the development order)
Site Plan Approved
Site Plan Rejected (give reasons): D
Required revisions or reasons for rejection (attach additional sheets if necessary):
1. Please submit a completed application for Development/Site Plan Review (St. Lucie County Fire
District De'Jelopment & Site Plan Re'¡iew Application). This form is available on line at
IINNI. glcfd. ora.
2. Fire District review fees are due at the time of submittal. An abbreviated fee schedule is included on
the application form.
3. \^!hat are the side setbacks for the single family portion of the project?
4. Seourity gates at the priFnal)' and secondary ingress/egress points must ha'.'e a minimum clear .../idth
of 12 feet. An access control key switoh is required on the control panel to allow for Fire Department
entry in an emergency. A Fneans to open the gates manually must also be pro'/ided.
5. Ploase provide an electronic copy of the Site Plan aRd Master/Conceptual Utility Plan (.dwg or .pdf
format)
6. .^. meeting to resolve the Fire District Resolution #420 04 is required. COMPLETED
7. Conceptual utility plan does not meet the requirements of the Fire District. Please have your engineer
contact me directly ta resal'/e this issue.
8. Pleasa a,hl hydFants from paint af 8enna8tien en Orange Þ.venwe te tha pFejeGt site. NOT
S.~.11&fIEiD
a. Please pro'¡ide an electronic copy of the site plan. PLEiA,&1i fOA'A'ARD .~ fiNAL &ITi PL.t.N
COPY IN iLIiCTRONIC fORMÞ.1"
AGREEMENT
[FIRE CONTRIBUTION FOR WHISPERING OAKS PUD]
THIS AGREEMENT is made and entered into this I q day of ::J;"lIqY'V ,2005,
- ,
by and between WHISPERING OAKS OF PORT ST. LUCIE, LLC, a Florida limited
liability company (hereinafter referred to as "Developer"); and the ST. LUCIE
COUNTY FIRE DISTRICT, a State of Florida independent special taxing district
(hereinafter referred to as "District").
WITNESSETH:
WHEREAS, the District is responsible for providing fire prevention and
protection services, as well as emergency medical services, to all of the citizens and
residents located within the jurisdiction and boundaries of S1. Lucie County, Florida; and
WHEREAS, S1. Lucie County, Florida, is recognized as one of the fastest
growing areas in the country; and
WHEREAS, population growth throughout S1. Lucie County, Florida, is
having severe impacts on the demand for fire prevention and protection services, as well
as emergency medical services, by the District and the infrastructure needed to deliver
those services; and
WHEREAS, fire/rescue and emergency medical servIces m S1. Lucie
County are not currently sufficient to accommodate all anticipated new development
without reducing said services, to the detriment of the citizens and residents of S1. Lucie
County, Florida; and
PSL:14064:1
WHEREAS, new development should pay its proportionate, fair share of
the capital costs of governmental services and facilities necessary to accommodate and
benefit the new development; and
WHEREAS, the cost of acquiring property for additional capital facilities,
including fire stations, was not included as part of the District's Capital Improvement
Program, under the auspices of St. Lucie County Ordinance No. 00-003; and
WHEREAS, in Resolution No. 420-04, the Board of Commissioners of
the St. Lucie County Fire District declared that the establishment of a system mandating
the dedication, reservation, or exaction of sufficient property, or the payment of funds in
lieu thereof, by developers of new subdivisions, for the location of needed fire stations
would satisfy the court-established essential nexus and rough proportionality tests; and
WHEREAS, the Board of Commissioners of the St. Lucie County Fire
District hereby finds that shifting a portion of capital financing burden from existing
taxpayers to new development; phasing new development to allow capital facilities to
keep up with anticipated growth; using development exactions, over and above existing
impact fees would benefit the public safety and welfare of the citizens and residents of St.
Lucie County, Florida.
NOW, THEREFORE, 10 consideration of the mutual covenants
contained herein, the parties hereto hereby agree as follows:
1. The Developer hereby acknowledges and affirms that it is the purchaser
of property to become the development project commonly referred to as Whispering
Oaks PUD (hereinafter referred to as "Project"), which is located in St. Lucie County,
Florida, on that property legally described in Exhibit "A," attached hereto and
PSL:14064:1
2
incorporated herein by this reference and owned by D.L. Scotto & Co., Inc.; Paul M.
Frischkorn and Joseph G. Miller; and Joseph G. Miller, as Trustee.
2. In compliance with the intent of St. Lucie County Fire District Resolution
No. 420-04, the Developer hereby agrees to pay to the District as a contribution towards
the Project's impact upon fire/rescue and emergency medical services, not already
covered by current St. Lucie County FireÆMS Impact Fees, the amount set forth in
Exhibit "B," attached hereto and incorporated herein by this reference.
3. A payment schedule regarding the above contribution is listed in Exhibit
"C," attached hereto and incorporated herein by this reference and Developer agrees to
comply therewith.
4. Special provisions not already listed above shall be as set forth in Exhibit
"0," attached hereto and incorporated herein by this reference.
S. In return, the District agrees to use said contributed funds for the payment
of future capital costs and shall provide the Developer with written confirmation that the
parties hereto have entered into said Agreement.
6. The prevailing party shall be entitled to any costs or expenses, including
reasonable attorney's fees, incurred in enforcing any terms of this Agreement or In
pursuing any legal action for the enforcement or protection of either party's rights.
[END OF PAGE]
PSL:14064:1
3
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals on the day and year first above written.
DEVELOPER: .,..~-..
WHISPERING OAKS OF p~.~ . ~J:'/
LUCIE, LLC, a Florida ~i.~~~9ßabî1ity
company ,/../:%/'
BY~"/"~/<
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Printed Name t"11 '-it Å·t..l.. "F. Ap...,~ toJ-t;.f....
Title: ~I.Ù A.¿;'L-"f;
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ATTEST:
ST. LUCIE COUNTY FIRE DISTRICT:
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By 0,~/2I41
/~b>Âlaøma~ o/airrilan
/:' Jack KeIlY¡/ .
1/ ,;./ .
PSL:14064:1
4
EXHIBIT "An
LEGAL DESCRIPTION
PARCEL 1
THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, AND THE NORTHWEST
1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, AND THE WEST 1/2 OF THE SOUTHWEST 1/4
OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, AND THE EAST 1/2 OF THE EAST 1/2 OF THE
SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, ALL IN SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40
EAST, LESS AND EXCEPT THE RIGHT-OF-WAY FOR CANAL NO. 35 OF THE NORTH ST. LUCIE
RIVER WATER MANAGEMENT DISTRICT.
PARCEL 2
THE WEST 3/4 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 AND THE
NORTH 132 FEET OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, ALL
IN SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST, LESS AND EXCEPT THE RIGHT-OF-WAY
FOR JENKINS ROAD, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
PARCEL 3
THE SOUTH 541.85 FEET OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 7,
TOWNSHIP 35 SOUTH, RANGE 40 EAST, LESS AND EXCEPTING THEREFROM THE RIGHT-OF-WAY
FOR JENKINS ROAD, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
TOGETHER WITH AN EASEMENT FOR PUBLIC UTILITY PURPOSES ONLY OVER, UNDER, AND
ACROSS THE EASTERLY 1WENTY-FIVE FEET OF THE FOLLOWING DESCRIBED LAND:
BEING THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 35 SOUTH,
RANGE 40 EAST, LESS AND EXCEPTING THEREFROM THE RIGHTS-OF-WAY FOR ORANGE
AVENUE AND JENKINS ROAD, AND ALSO LESS THE SOUTH 541.85 FEET, PUBLIC RECORDS OF S1.
LUCIE COUNTY, FLORIDA.
SUBJECT TO AND AS SHOWN IN THE OVERLAP AREA AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST; THENCE RUN NORTH 89°42'05"
EAST ALONG THE NORTH LINE OF THE SAID NORTHWEST QUARTER, A DISTANCE OF 1329.82
FEET TO THE NORTHEAST CORNER OF THE SAID NORTHWEST QUARTER; THENCE RUN SOUTH
00013'04" WEST ALONG THE EAST LINE OF THE SAID NORTHWEST QUARTER, A DISTANCE OF
46.50 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF ORANGE AVENUE (STATE ROAD 68) AND THE
POINT OF BEGINNING; THENCE CONTINUE SOUTH 00°13'04" WEST, A DISTANCE OF 615.18 FEET
TO A 1/2" IRON ROD WITH A CAP STAMPED RLS 2391; THENCE RUN SOUTH 89°43'10" WEST, A
DISTANCE OF 13.07 FEET TO A POINT THAT IS SOUTH 00°22'23" WEST, A DISTNACE OF 7.92 FEET
FROM A 5/8" IRON ROD TO A 1/2" IRON ROD WITH A CAP STAMPED RLS 2391; THENCE RUN
NORTH 00°22'23" EAST, A DISTANCE OF 615.19 FEET TO THE SAID SOUTH RIGHT-OF-WAY LINE OF
ORANGE AVENUE AND A 1/2" IRON ROD WITH A CAP STAMPED RLS 2391; THENCE RUN NORTH
89042'05" EAST, A DISTANCE OF 11.40 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.173 ACRES, MORE OR LESS, ALL LYING AND BEING IN SECTION 7. TOWNSHIP 35
SOUTH, RANGE 40 EAST, S1. LUCIE COUNTY, FLORIDA.
SUBJECT PARCEL CONTAINING 67.18 ACRES, MORE OR LESS.
PSL:14064:1
5
EXHIBIT "8"
AMOUNT OF PAYMENT
One Hundred Fifty-four Dollars ($154.00) per unit.
PSL:14064:1
6
EXHIBIT "C"
PAYMENT SCHEDULE
1. The Contribution set forth in Exhibit "B" shall be paid by the Developer to
the District, concurrent with the recording of a final subdivision plat
depicting lots of record, in an amount equal to the number of lots multiplied
by the Contribution. In the event the Project is platted in phases, the
Developer shall pay to the District, concurrent with the recording of a final
subdivision plat depicting lots of record for each phase, an amount equal to
the number of lots depicted in a final plat for each such phase multiplied by
the Contribution.
2. The Developer agrees that the Contribution shall not be creditable against the
Fire District impact fee existing on the date of this Agreement, as it includes
no component for the cost of property for new capital facilities. The District
agrees that in the event the Ordinance is amended to include the cost of
property in the Fire District impact fee or in the event a fee is imposed on
new development for the cost of property for additional land for FireÆMS
needs, the District will support the Developer's request for a credit against
FireÆMS impact fees or such other fee imposed for the cost of property for
capital facilities within St. Lucie County, as such fees may be applicable to
the Project.
PSL:14064:1
7
SCHEDULE "D"
SPECIAL PROVISIONS
None.
PSL:14064:1
8
Prepan.:d by and to be rdurned to:
Noreen S. Dreyer, Esq.
Ruden, McClosky, Smith, Schuster & Russell, P.A.
145 NW Central Park Plaza, Suite 200
Port St. Lucie, FL 34986
EDWIN M. FRY Jr CLE
SAINT LUCIE C'OUNTY RK OF THE CIRCUIT COURT
FILE # 2602101
OR BOOI( 2214 g~~~2005 al 01:12 PM
RECORDING: $44.00 2513, 2517 Doc Type: AGR
AGREEMENT FOR CONTRIBUTION
TOW ARD SCHOOL LAND ACQUISITON
[\VIIISPERING OAKS PUD]
THIS AGREE~ŒNT ("Agreement") is made and entered into this ~?¡' ¡i\ day of.
2005, by and between the School Board of S1. Lucie County ("School Board") and
WHISPERING OAKS OF PORT ST. LUCIE, LLC ("WHISPERING OAKS"),
WHEREAS, WHISPERING OAKS proposes to develop in S1. Lucie County, Florida, on
the property identified in Exhibit "A" attached hereto and made a part hereof ("Property"), a
residential development consisting of approximately 376 single-family and multifamily homes
hereinafter referred to as the "WHISPERING OAKS PUD"; and
WHEREAS, the existing S1. Lucie County Educational Facilities Impact Fee Ordinance
(codified at Chapter 1-6.5, Article V. of the Code of Ordinances of St. Lucie County, Florida and
hereinafter referred to as "Ordinance") requires that an educational facilities impact fee ("School
Impact Fee") be paid at the time of issuance ofa building permit for each unit; and
WHEREAS, WHISPERING OAKS PUD will be subject to payment of the School
Impact Fee as required by the Ordinance; and
WHEREAS, the School Impact Fee as established by the Ordinance does not currently
include a component for the cost of real property on which to locate new schools; and
WHEREAS, School Board is in need of real property on which to locate additional
schools; and
WHEREAS, WHISPERING OAKS wishes to contribute funds toward the acquisition of
property for additional school sites;
NOW, THEREFORE, in consideration of the mutual covenants entered into between the
parties, and in consideration of the benetits to accrue to each, it is agreed upon as follows:
1. Accuracy of Recitals. The above recitals are true and correct.
2. Contribution of Funds. WHISPERING OAKS hereby agrees to contribute the amount
of $490.00 per unit approved by St. Lucie County ft)r the WHISPERING OAKS PUD, to the
PSl: 13·169:·1
School Board toward the purchase of property for additional school sites for students living in St.
Lucie School District Choice Zone One, which contribution is hereinafter referred to as the
"Land Acquisition Contribution". The Land Acquisition Contribution shall be paid to the School
Board prior to the first building permit for a residential unit for each phase in accordance with
such phasing plan as may be approved by St. Lucie County for the WHISPERING OAKS PUD,
or if no phasing plan is approved, then prior to the issuance of the tirst building permit for a
residential unit in the WHISPERING OAKS PUD.
3. Credit against School Impact Fees and Adoption of Additional Fees. WHISPERING
OAKS agrees that the Land Acquisition Contribution shall not be creditable against the School
Impact Fee existing on the date of this Agreement, since said fee includes no component for the
cost of land for new school sites, The School Board agrees that in the event that the Ordinance is
amended to include the cost of land in the School Impact Fee or in the event a fee is otherwise
imposed on new development for the cost of land for additional schools, that School Board will
support WHISPERING OAKS' request for a credit against School Impact Fees or such other fee
imposed for the cost of land for schools within S1. Lucie County, as such fees may be applicable
to the property described in Exhibit "A", to the extent that any portion of the Land Acquisition
Contribution has been paid in accordance with this Agreement. Such credits shall be applicable
to such units or such portion of the Property as may be designated in a school impact fee credit
agreement between the parties, or by a written designation provided to and approved by the
School Board, which approval shall not be unreasonably withheld, In the event that the
Ordinance is amended to include the cost of land in the School Impact Fee or in the event a fee is
otherwise imposed on new development for the cost of land for additional schools and some or
all of the Land Acquisition Contribution otherwise payable pursuant to this agreement has not
been paid, then such remaining Land Acquisition Contribution payments shall no longer be
required and instead the revised School Impact Fee for such remaining units shall be paid in
accordance with the applicable ordinance.
4. Satisfaction of School Needs. School Board agrees, based upon the information
provided by WHISPERING OAKS and othcf\vise made available to the School Board and
without determining that the Land Acquisition Contribution provided in this Agreement would
be appropriate for any other project or development if other information becomes available, that
(i) WHISPERING OAKS' payment of School Impact Fees in accordance with the Ordinance and
PSl: IJ.169:4
:2
(ii) this i\grccment for Land A.cquisition Contribution as provided herein, colh:ctivdy fairly
address the impacts of the WHISPERING OAKS PUD on educational facilities needs in St.
Lucic County, and as such has no objection to the approval of the WHISPERING OAKS PUD.
5. Miscellaneous.
(a) Entire Agreement. This Agreemcnt contains and sets forth all the promIses,
covcnants, agreements, conditions and understandings between the Parties with respect to the
subject matter of this Agreement.
(b) Terms and Words, All tenns and words used in this Agreement regardless of the
number and gender in which used, shall be deemed to include any other gender or number as the
context or the use thereof may require.
(c) Severability. If any provisions of this Agreement are held to be invalid, void or
unenforceable, the remaining provisions of this Agreement shall not be affected or impaired and
each remaining provision shall remain in full force and effect, In the event that any term or
provision of this Agreement is determined by appropriate judicial authorities to be illegal void or
otherwise invalid, said provision shall be given its nearest legal meaning or be construed as
deleted as such authority detennines and the remainder of this Agreement shall be constmed to
be in full force and etfect.
(d) Headings. Captions and paragraph headings contained in this Agreement are for
convenience and reference only and in no way define, describe, extend or limit the scope or
¡ ¡ . tcnt of this Agreement, nor the intent of any provision hereof,
(e) Governing Law. This Agreement shall be construed and interpreted according to the
laws of the State of Florida and venue with respect to any litigation between the Parties related to
this Agreement shall be 81. Lucie County, Florida.
6. Successors and Assigns. This Agreement shall be binding upon the parties, their heirs,
successors and assigns.
7. Amendments. This Agreement shall not be changed, modified or amended except by
an instrument in writing and executed by the parties.
[END OF PAGE]
PSI. '11-169:4
3
TN \VITNESS \v"HEREOF, the parties hereto have caused the l:xecution of this
Agreement by their duly authorized officials as of the day and year tìrst above-written.
Signed, sealed, and delivered
WHISPERING OAKS OF PORT ST.
LUCIE, LLC. '. a ". .a Flo· a iimited liability
company b/
By~~"---::: .
Printed Name J/tlLhG.:~,l_f)(aJ,dOv
Title: .lIona~
(0 þ;uee of:
151~
Print Name ,{\. ç; \~
ill ~'/:;1,~,
---- .
mt Name \(54) '¡\..lL.4-tí~
STATE OF F4QRIDA ll.L.h
COUNTY OF VOl"" ~
T~ ~~ instrument was acknowledged before thiØi day of
2005, by ~ ., as of WHISPERING OA of Port St. Lucie, LC, a
Florida limited liability company, w 0 is ers I known to me 0 has p oduced identification.
MICHF.LLE L SIDES
,?"'.~:~j:~\ ~,lY COf\'lMISSION #OD1871130
" .. I EXPIRES: FEB 24, 2007
I_:i,~~,~~~~ ~_~nl~p.rl Ihrough Advantage Notary
¡\TrEST:
SCHOOL BOARD OF ST. LUCIE
COUNTY
By:
PSl. I J469:4
4
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 1
THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, AND THE NORTHWEST
1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, AND THE WEST 1/2 OF THE SOUTHWEST
1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, AND THE EAST 1/2 OF THE EAST 1/2 OF
THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, ALL IN SECTION 7, TOWNSHIP 35 SOUTH,
RANGE 40 EAST, LESS AND EXCEPT THE RIGHT-OF-WAY FOR CANAL NO. 35 OF THE NORTH ST.
LUCIE RIVER WATER MANAGEMENT DISTRICT.
PARCEL 2
THE WEST 3/4 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 AND THE
NORTH 132 FEET OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4,
ALL IN SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST, LESS AND EXCEPT THE RIGHT-OF-
WAY FOR JENKINS ROAD, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
PARCEL 3
THE SOUTH 541.85 FEET OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 7,
TOWNSHIP 35 SOUTH, RANGE 40 EAST, LESS AND EXCEPTING THEREFROM THE RIGHT-OF-
WAY FOR JENKINS ROAD, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
TOGETHER WITH AN EASEMENT FOR PUBLIC UTILITY PURPOSES ONLY OVER, UNDER, AND
ACROSS THE EASTERLY lWENTY-FIVE FEET OF THE FOLLOWING DESCRIBED LAND:
BEING THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 35 SOUTH,
RANGE 40 EAST, LESS AND EXCEPTING THEREFROM THE RIGHTS-OF-WAY FOR ORANGE
AVENUE AND JENKINS ROAD, AND ALSO LESS THE SOUTH 541.85 FEET, PUBLIC RECORDS OF
ST. LUCIE COUNTY, FLORIDA.
SUBJECT TO AND AS SHOWN IN THE OVERLAP AREA AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST; THENCE RUN
NORTH 89°42'05" EAST ALONG THE NORTH LINE OF THE SAID NORTHWEST QUARTER, A
DISTANCE OF 1329.82 FEET TO THE NORTHEAST CORNER OF THE SAID NORTHWEST
QUARTER; THENCE RUN SOUTH 00°13'04" WEST ALONG THE EAST LINE OF THE SAID
NORTHWEST QUARTER, A DISTANCE OF 46.50 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF
ORANGE AVENUE (STATE ROAD 68) AND THE POINT OF BEGINNING; THENCE CONTINUE
SOUTH 00°13'04" WEST, A DISTANCE OF 615.18 FEET TO A 1/2" IRON ROD WITH A CAP STAMPED
RLS 2391; THENCE RUN SOUTH 89°43'10" WEST, A DISTANCE OF 13.07 FEET TO A POINT THAT
IS SOUTH 00°22'23" WEST, A DISTNACE OF 7.92 FEET FROM A 5/8" IRON ROD TO A 1/2" IRON
ROD WITH A CAP STAMPED RLS 2391; THENCE RUN NORTH 00°22'23" EAST, A DISTANCE OF
615.19 FEET TO THE SAID SOUTH RIGHT-OF-WAY LINE OF ORANGE AVENUE AND A 1/2" IRON
ROD WITH A CAP STAMPED RLS 2391; THENCE RUN NORTH 89°42'05" EAST, A DISTANCE OF
11.40 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.173 ACRES, MORE OR LESS, ALL LYING AND BEING IN SECTION 7, TOWNSHIP 35
SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA.
SUBJECT PARCEL CONTAINING 67.18 ACRES, MORE OR LESS.
PSl: 13469:4
5
Section 3.01.03
Zoning District Use Regulations
I.
RS-3
RESIDENTIAL. SINGLE-FAMILY - 3
1. Purpose
The purpose of this district is to provide and protect an environment suitable for single-family
dwellings at a maximum density of three (3) dwelling units per gross acre, together with such other
uses as may be necessary for and compatible with low density residential surroundings. The number
in "0" following each identified use corresponds to the SIC code reference described in Section
3.01.02(8). The number 999 applies to a use not defined under the SIC code but may be further
defined in Section 2.00.00 of this code.
2. Permitted Uses
a. Family day care homes. (999)
b. Family residential homes provided that such homes shall not be located within a radius of
one thousand (1000) feet of another existing such family residential home and provided that
the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies
the Board of County Commissioners at the time of home occupancy that the home is licensed
by HRS. (999)
c. Single-family detached dwellings. t999)
3. Lot Size Requirements
Lot size requirements shall be in accordance with Section 7.04.00.
4. Dimensional Regulations
Dimensional requirements shall be in accordance with Section 7.04.00.
5. Off-street ParKing Requirements
Off-street parking requirements shall be in accordance with Section 7.06.00.
6. Conditional Uses
a. Family residential homes located within a radius of one thousand (1000) feet of another such
family residential home. (999)
b. Telecommunication towers - subject to the standards of Section 7.10.23 (999)
7. Accessory Uses
Accessory uses are subject to the requirements of Section 8.00.00.
"
Adopted August 1, 1990
106
Revised Through 08101/00
CHAPTER VII
DEVELOPMENT DESIGN AND IMPROVEMENT
STANDARDS
7.00.00
GENERAL PROVISIONS
7.00,01
PURPOSE
The purpose of this Chapter is to provide development design and improvement standards applicable to
development activity in the unincorporated area of the County.
7.01.00
PLANNED UNIT DEVELOPMENT
7.01,01
PURPOSE
The Planned Unit Development (PUD) Districl is intended to achieve residenlialland development of superior
quality through the encouragement of nexibility and creativity in design options that:
A. permit creative approaches to the development of residential land reflecting changes in the
technology of land development;
B. allow for the efficient use of land, which can resull in smaller networks of utilities and streets and
thereby lower developmenl cosls;
C. allow design options that encourage an environment of stable character, compatible with surrounding
land uses; and
D. permit the enhancement of neighborhoods through the preservation of natural features, the provision
of underground utilities. and the provision of recreation areas and open space.
7.01.02 AUTHORIZED USES
A. PERMITTED USES .
Any permitted, conditional Dr 8ccessory use in the Agricultural-1 (AG-1); Agricultural-2.S (AG-2.S);
Agricultural-S (AG-S); ResidentiaVConservation in the Agricultural-1 (AG-1); Agricultural-2.S (AG-2.S);
Agricultural-S (AG-S); Residential/Conservation (RC); Residential, Estate-1 (RE-1); Residential,
Estate-2 (RE-2); Residential, Single-Family-2 (R5-2); Residential, Single-Family-3 (RS-3);
Residential, Single-Family"- (R~); Residential, Multiple-Family-S (RM-S); Residential. Mobile Home-
5 (RMH-5); Residential, Multiple-Family-7 (RM-7); Residential, Multiple-Family-9 (RM-9); Residential,
Multiple-Family-11 (RM-11); and Residential, Multiple-Family-15 (RM-15) zoning districts of this Code
may be permitted in a Planned Unit Development District subject to complying with the residential
densities described in Section 7.01.03(8).
Adopled August 1, 1990
315
ReYiHd Thraugh D&'01JOD
Sechon 7.0' .00
Planned Un,l Developmenl
B. NONRESIDENTiAl DEVELOPMENT USES
Uses of the types permitted in the Commercial, Neighborhood (CN) District are also permitted up to
an amount not to exceed three (3) percent of the gross area of the Planned Unit Development or ten
(10) acres, whichever is less. In addition, playgrounds, public and non-public parks, golf courses,
country clubs, bicycle paths, racquet sports facilities, riding stables, marinas, clubhouses. and lodges
may be permitted in a Planned Unit Development District.
7.01.03
STANDARDS AND REQUIREMENTS
Standards and requirements for a Planned Unit Development shall be as follows:
A. MINIMUM SIZE
A Planned Unit Development shall be a minimum of five (5) contiguous acres of land under common
ownership or control.
B. DENSITY
The maximum possible permitted density of a Planned Unit Development shall not exceed the density
reflected in the Future Land Use Maps of the Comprehensive Plan. On North and South Hutchinson
Island, the provisions of Section 3.01.03(AA)(8) shall govern.
C. AREA, YARD, AND HEIGHT REOUIREMENTS
Area, yard, and height requirements shall be determined at the time of Preliminary and Final
Development Plan approval, except that for any structure on North or South Hutchinson Island that
has not been occupied, constructed, or has not received a building permit, site plan or other County
development approval as a permitted use prior to January 10, 1995 the requirements of Section
".01.00, Hutchinson Island - Building Height Over1ay Zone shall apply.
C, PUBLIC FACILITIES
1, The Planned Unit Development shall be designed and located so there will be no net public
cost for the provision of water lines, sewage lines, storm and surface drainage sys terns, an d
other utility systems.
2. "The minimum size of all water mains used, or intended for use, in fire protection activities IS
six (6'") inches. Actual water main requirements will be determined by the St. Lucie County-
FI. Pierce Fire Prevention Bureau.
3. The minimum size of all water mains used, or intended for use, in fire protection activities,
that are located on a dead~nd water main is eight (8-) inches. Actual water main
requirements will be determined by the SI. Lucie County-FL Pierce Fire Prevention Bureau.
AdDpIlld Aup.&sl 1, 1110
37.
ReviMd Thraugh DllD11DO
Se::llon 7.01.00
Planneo L'n.! DeveIO:Jmen:
The maximum number of fire hydrants that may be located on any dead end waler main is
one (1).
4. Fire hydrants shall be provided al a minimum spacing of one every six hundred (600) feet
unless otherwise approved by the St. Lucie County-Ft. PIerce FlTe Prevention Bureau.
E. TRAFFIC AND PEDESTRIAN CIRCULATION
1. Every dwelling unit, or other use permitted in the Planned Unit Development shall have
access to a public street either directly or through an approved private road. a pedestrian
way. or other area dedicated to public or private use.
2. Principal vehicular access points shall be designed to permit smooth traffic now with
controlled tuming movement and minimum hazards to vehicular or pedestrian traffic. Minor
streets within the Planned Unit Development shall not be connected to streets outside the
development so as to encourage their use by through traffic.
3. The proposed Planned Unit Development shall be designed so that it will not create traffic
congestion on the arterial and collector roads surrounding the project. or such surrounding
collector or arterial roads shall be improved so that they will not be adversely affected.
4. All non-residential land uses within the Planned Unit Development shall have direct access
to a collector or arterial street without creating traffic hazards or congestion on any street.
5. Streets in a Planned Unit Development may be dedicated to public use or retained under
private ownership. Said streets and associated improvements shall comply with all pertinent
County regulations and ordinances, however, variations to the standard minimum right-of-
way widths may be considered as part of the Planned Unit Development if it is shown to the
satisfaction of the Board of County Commissioners, that the requested variation is consistent
with the intent of the County's roadway construction standards and necessary for the design
of the Planned Unit Development.
6. All roads and streets shall intersect at an approximate :t5° angle of ninety degrees (900)
unless circumstances acceptable to St. Lucie County indicate a need for a lesser angle of
intersection.
7. Street jogs or centerline offsets between any local street or road with another local street or
road, shall be no less than one hundred fifty feet (150).
8. The intersection of any two local roads or streets with a Major Collector or Arterial Roadway
shall be separated by a minimum distance of six hundred sixty feet (660), as measured from
centerline to centerline.
9. Permanent dead-end streets shall not exceed one thousand feet (1000) in length.
Cul-de-sacs shall be provided at the end of all dead end roads or streets greater than five
....., AuguSt 1, 1890
m
Re'ÃMd Through 08101100
Section 7.0'00
PJilnnea Un,: DeveICpmen:
hundred and one (501) feet in length. The length of a dead-end street shall be measured
along the centerline of the street from the its point of perpendicular inlersection with the
centerline of intersecting street to the end of the dead-end street or roadway. All cul-de-sacs
shall have a minimum righl-of-way diameter of one hundred (100) feet.
If the dead end roadway is five hundred (500) feet or less in length, a 'Y' or"" type of turn
around may be approved.
If a dead end street is temporary in nature then a temporary cul-de-sac shall be required until
the roadway is connected to another street or road.
In the center of the cul-de-sac an unpaved island, surrounded by a curb. improved with grass
and landscaping that will nol interfere with sight distance, may be provided. Center islands
shall have a diameter of not less than seventeen (17) feet. unless otherwise approved
through the review of the Planned Unit Development.
10. All roadways, exclusive of interior parking and access aisles areas, regardless of ownership,
shall be located a minimum of ten (10) feet from any exterior building walls, except for
security gate houses or similar security structures located in a private street or road righl-of-
way.
11. Any pedestrian circulation system and its related walkways shall be insulated from the
vehicular streel system, This shall include. when deemed to be necessary by the Board of
County Commissioners. pedestrian underpasses or overpasses in the vicinity of playgrounds
and other recreation areas, local shopping areas, and other neighbort1ood uses which
generate a considerable amount of pedestrian traffIC.
12. Access points on all collector or arterial streets serving a Planned Unil Development shall be
located and spaced so that traffic moving into and out of the arterial streets do not cause
traffic congestion.
F. PARKING AND LOADING
1 . General Provisions
a. The number, type. and location of parking spaces shall be detennined at the time of
final Planned Unit Development plan approval. The determination of the number of
spaces required shill be based on Section 7.06.01 (F) of this Code. The number of
parking spaces required by this section may be reduced based on substantial
competent evidence that the reduced numÞer of spaces is adequate for the
proposed use or that parking may be shared by proximate uses that operate at
different times or on different days.
-
Þ. Reserved parking Ipaces may be provided, in lieu of pBved spaces, subject to
Section 7.06.02(C) of this Code.
"~HfAugusI " 1890
371
ReviMd Thraugh 0IID11OO
Sectao~ 7.01.00
Planneo Un.: Develo;>menl
2. Off Street Parking and loading
Off-street parking and loading requirements are govemed by Sections 7.06.02 and 7.06.03
of this Code, and the following standards:
a. Off.street parking and loading areas shall be designed to provide travelways
between adjacent uses while discouraging through traffic.
b. Off-street parking and loading areas shall be screened from adjacent roads and
pedestrian walkways with hedges, dense planting, or changes in grades or walls.
3. On Street Parking
In Planned Unit Developments, on street parking may be used so long as the road on which
the on-street parking is proposed lies entirely within the limits of the defined Planned Unit
Development and such parking would not c\)ntravene any other provision of this Code or the
St. Lucie County Code of Ordinances. Where such on street parking and loading is used. it
shall be consistent with the following design standards:
a. The minimum size of a parking stall shall be as follows:
parallel
angled
handicapped(parallel)
handicapped(angled)
8 feet X 23 feet
10 feet X 18 feet
12 feet X 23 feet
12 feet X 18 feet
b'. Handicapped parking spaces shall be appropriately marked.
c. Access for emergency fire vehicles shall be in accordance with NFPA standards.
d. No more than fifteen (15) parking spaces shall be permitted in a continuous row
without being interrupted by a minimum landscape area of 360 sQuare feet.
G. LIGHTING
All lighting facilities shall be arranged in such a manner so as to prevent direct glare or hazardous
interference of any kind to adjoining streets or properties.
H. LANDSCAPING AND NATURAL FEATURES
1. Native trees and vegetation and other natural features shall be preserved to the extent
practicable.
.2. All sensitive environmental vegetation, trees and areas shall be preserved to the extent
practicable.
____ August 1. 1990
371
Revised Through 08101100
Section 7.0' .00
Planneo LInt: Develcþ)men:
3. Landscaping for off·street parking and loading areas shall meet the minimum requirements
of Section 7,09.00.
.. OPEN SPACE STANDARDS
1. A minimum of thirty-five (35) percent of the gross area of land to be committed to a Planned
Unit Development must be for use as common open space. which may include, parks.
recreation areas, bicycle and pedestrian paths and facilities, marinas, swimming beaches,
common open space. common landscaping and planting areas, or other areas of public
purposes Dr use other than street. road Dr drainage rights-of-way, above ground utilities,
excluding stormwater treatment facilities. and parking areas. .
A minimum of 15 percent of any existing native upland habitat on the property. must be
preserved in its natural condition as part of the required 35 percent common open space,
FDr each acre of preserved native habitat above the required minimum 15 percent that is
preserved in its Driginal state, credit shall be given at a rate of 150 percent per acre towards
the remaining common open space requirement.
All areas to be dedicated for common open space shall be identified as part of the
Preliminary Development Plan for the Planned Unit Development. Areas that are floodways,
lakes. wetlands. and stormwater retention areas may be applied to satisfy the total common
open space requirement, subject to the requirement that 15"1. of any existing native habitat
on the property must be included as pan of the required 35% common open space. As part
of the Final Planned Unit Development submission process, the developer or petitioner for
the Planned Unit Development shall provide for one of the following:
a. The advance dedication of all common open space to a public. or acceptable private. .
agency that will. upon acceptance. agree to maintain the common open space and
any buildings, structures Dr improvements that have been placed on it. All such
dedications or conveyances shall be completed prior to the issuance of any building
permits, including land dearing. for any portion of the Planned Unit Development ;or,
b. A phased conveyance of the land to a pUblic or acceptable private agency that will.
upon acceptance. agree to maintain the common open space and any buildings.
structures Dr improvements that have been placed on it. The schedule for the
phased conveyance of any such lands to be used for common open space shall be
a specifIC condition of approval for the Planned Unit Develop~nt.
2.
No parcel of land identified for use 85 a park or common open space shall be less than one
(1) contiguous acre. and all such areas shall be physically pan of the Planned Unit Devel-
opment.
3.
Areas provided or reserved to meet any other environmental preservation or protection
requirements of this code Dr other lawful regulatory authority may bè counted towards the
overall common open space requirement. provided that the common open space meets the
~ Augus11. 1810
310
Revised Through 0IID11DO
SectIon 7 .O~ .00
P¡anne: L'n,t Developmen:
requirements of this Code.
J. SETBACKS FROM AGRICULTURAl LAND
Planned Unit Developments adjacent to land used for agricultural purt:>0ses, or designated for
agricultural use on the Future Land Use Map of the SI. Lucie County Comprehensive Plan, shall
provide setbacks from the agricultural land sufficient to protect the functIon and operation of those
, uses from the encroachment of Urban activities or uses.
K.' PHASING
1. A Planned Unit Development may be developed in more than one stage or phase.
.2. If a Final Development Site Plan approved by the Board of County Commissioners is to be
developed in stages or phases, each successive phase shall be constructed and developed
in a reasonably continuous fashion. No more than two (2) years shall elapse betWeen the
completion of any stage or phase, and the final stage or phase shall be completed within ten
(10) years of the date of Final Development Site Plan approval. Exlensions of the above
requirements are subject to approval by the Board of County Commissioners. Unless
otherwise amended by the Board of County Commissioners through the Final Development
Site Plan review process, the following sequence of development must be adhered to:
a. One or more major recreation facilities and other major amenities, planned to serve
the entire development, shall be completed or adequate security posted prior to the
issuance of building or mobile home permits of more than forty (40) percent, or other
percentage as determined by the Board to be appropriate based on circumstances
that include the size of the project and the proposed phasing schedule, of the total
number of authorized dwelling units. Recreation facilities or facilities and other
amenities planned to serve one (1) phase of a multi-phased development shall be
completed or appropriate security posted prior to issuance of building or mobile
home permits or the recording of any final plat within that phase.
b. No commercial facility shall be permitted prior to the completion of at least forty (40)
percent of the total number of authorized dwelling units; and,
c. For Planned Unit Developments to be constructed in stages or phases, the net
density of an individual stage or phase may vary from the approved Final Site Plan
subject to the requirements in Section 11.02.05.
/IJ J: bod AuguIIt 1, '890
311
ReviMd Throuøn 08101100
BOARD OF
COUNTY
COMMISSIONERS
March 8, 2006
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COUNTY ~
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GROWTH
MANAGEMENT
In accordance with the S1. Lucie County Land Development Code, you are hereby advised that EH Building
Group has petitioned S1. Lucie County for a Change in Zoning from the RS -3 (Residential, Single-
Family - 3 du/acre) Zoning District to the PUD (Planned Unit Development - Whispering Oaks) Zoning
District and Preliminary and Final Planned Development Site Plan Approval for the following described
property:
Location: East side of South Jenkins Road, approximately 1/3 mile south of Orange Avenue.
TIlE 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
March 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 S1. Lucie
County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462-
1777 or TD.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) 462-2822 if you have any questions, and refer to: File Number: PUD 04-028/RZ
04-030.
Sincerely,
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
Doug Coward, Chairman :;j ~ (~~ . . . .
JOSE¡:'H E. SMITH. Districr NO.1. DOUG COWARD, District No.2. PAUL~S, District No. J . FRANNIE HUTCHINSON, District NO.4· CHRIS CRAFT, District No.5
County Administrator - Douglas M. Anderson
2300 Virginia Avenue · Fort Pierce, FL 34982-5652
Administrotion: (772) 462-1590 . Planning: (772) 462-2822 · GISfTechnical Services: (772) 462~155J
Economic Development: (772) 462-1550 · Fax: (772) 462-1581
Tourist Development: (772) 462-1529 · Fax: (772) 462-2132
www.co.st-Iucie.fl.us
Planning and Zoning Commission Review: 03/16/06
File Number RZ-04-030/PUD-04-028
MEMORANDUM
GROWTH MANAGEMENT DEPARTMENT
TO: Planning and Zoning Commission
FROM: Planning Manager )\f
DATE: March 7, 2006
SUBJECT: Application of EH Building Group, LLC, for a Change in Zoning from the
RS-3 (Residential, Single-Family - 3 du/acre) Zoning District to the PUD
(Planned Unit Development - Whispering Oaks) Zoning District.
LOCATION: East side of South Jenkins Road, approximately 1/3 mile
south of Orange Avenue.
EXISTING ZONING: RS-3 (Residential, Single-Family - 3 du/acre)
PROPOSED ZONING: PUD (Planned Unit Development - Whispering Oaks)
CURRENT FUTURE LAND USE: RM (Residential Medium)
PARCEL SIZE: 67.18 gross acres
66.57 acres after right-of-way dedication
PROPOSED USE: 376 total dwelling units:
145 single-family lots
143 townhouse units with a one car garage
88 townhouse units with no garage
PROPOSED DENSITY: 5.60 dwelling units per acre
SURROUNDING ZONING: PUD (Planned Unit Development - Bent Creek) to the
east. PUD (Planned Unit Development - Celebration
Pointe) to the south. RS-4 (Residential, Single-Family - 4
du/acre) to the west. RS-3 (Residential, Single-Family - 3
du/acre) to the immediate north and IL (Industrial, Light)
further to the north.
SURROUNDING LAND USES: The general existing land use surrounding the property is
commercial to the north and residential to the west and the
immediate north. There are proposed residential
developments - Bent Creek and Celebration Pointe -
located to the east and south of the subject property.
March 7, 2006
Page 2
Subject: Whispering Oaks - PUD
File Numbers: RZ-04-030/PUD-04-028
The Future Land Use Classification of the surrounding
area is RM (Residential Medium) to the north, south, and
east. IND (Industrial) is located on the south side of
Orange Avenue. COM (Commercial) is located to the
northeast.
FIRE/EMS PROTECTION:
Station #1 (2400 Rhode Island Avenue), is located
approximately 5.5 miles to the southeast.
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 Jenkins Road is
80 feet. The developer will be dedicating 20 feet of their
western property boundary for the future expansion of
South Jenkins Road. The applicant has also agreed to
contribute an amount up to $500.000.00 toward the
funding of the Realignment Study for South Jenkins Road
and improvements to the intersection of Orange Avenue
and Kings Highway.
SCHEDULED
IMPROVEMENTS:
Peterson Road is scheduled to be paved as a part of the
Celebration Pointe project, which is approved for the
property located to the immediate south.
TYPE OF CONCURRENCY
DOCUMENT REQUIRED:
Certificate of Capacity.
***********************************************************************
STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03,
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
In reviewing this application for proposed rezoning, the Planning and Zoning
Commission shall consider and make the following determinations:
1. Whether the proposed rezoning is in conflict with any applicable portions of the
St. Lucie County Land Development Code;
The proposed change in zoning and petition for Preliminary Planned Unit Development
is consistent with the St. Lucie County Land Development Code. There are a total of
376 dwelling units proposed in the development. The 67.18 acres property has a Future
Land Use Classification of RM (Residential Medium), which may possibly allow a
March 7,2006
Page 3
Subject: Whispering Oaks - PUD
File Numbers: RZ-04-030/PUD-04-028
maximum density of 9 dwelling units per acre. A total of 614 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. The proposed plan has a density of 5.60
units an acre.
2. Whether the proposed amendment is consistent with all elements of the St. Lucie
County Comprehensive Plan;
The proposed Whispering Oaks - 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 for the Future Land Use Classification of RM (Residential Medium)
at 9 dwelling unit per acre. The proposed project is to be developed with a maximum
residential density of 5.60 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 10.01 acres (15.13 percent of the
total site and 50% of the existing native uplands) of native uplands preserved on site.
This preserve area exceeds the required 25% preservation of existing native upland
habitat and meets the 15% of the total site requirements necessary to meet Section
6.00.05(D)(3), of the Land Development Code.
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 the PUD Zoning District for the purpose of allowing
the construction of the 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). The proposed PUD has a gross density
of 5.60 dwelling units per acre. The Celebration Pointe project located to the south has
been approved for 5.12 dwelling units an acre and the Bent Creek project to the east
was approved for 2.7 dwelling units an 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 by the Ft. Pierce Utilities Authority (FPUA).
March 7, 2006
Page 4
Subject: Whispering Oaks - PUD
File Numbers: RZ-04-030/PUD-04-028
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 and water and sewer service is to be provided by
the Ft. Pierce Utilities Authority (FPUA). The public school system can be expected to
be responsible for the education of an additional 150 students. The applicant has
reached agreement with the School Board in regard to a contribution toward School
Land Acquisition in the amount of $490.00 per dwelling unit. The applicant has also
reached agreement with the Fire District to contribute an additional $154.00 per dwelling
unit outside of the required impact fees. Drainage will be handled through a master
drainage system which requires a South Florida Water Management District
(S.F.W.M.D.) permit and St. Lucie County Stormwater permit.
The applicant submitted a Transportation Impact Report (TIR) which analyzed the
impacts of the proposed development on the roadway network in the area and
considered approved and proposed projects in the area. According to the TIR provided
for the project, Whispering Oaks is not expected to create an unacceptable level of
service in the immediate area. However, Orange Avenue west of the intersection of
Orange Avenue and Kings Highway is expected to fall below an acceptable level of
service. The developer of Whispering Oaks has agreed to contribute a proportionate
share of the costs to improve this intersection, as well as contributing to the Realignment
Study for improvements to South Jenkins Road between Orange Avenue and
Okeechobee Road. The total contribution agreed to by the developer of Whispering
Oaks for these items is $500,000.00.
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 adverse environmental impact. The 67.18
acre site contains 32 acres of citrus groves in various stages of development, 20.6 acres
of pine flatwoods, a tree nursery comprises 5.9 acres, 0.7 acres of lake area, and the
remainder consists of exotic non-native species and areas of previous disturbance.
Wetlands
The South Florida Water Management District staff was on-site January 13, 2005, to
verify the fact that there are no wetlands within the boundaries of this project.
Listed Species
No listed species were identified on the site. This has been verified by ERD staff. No
gopher tortoises were found on site and the project is not in the floodplain. There is also
no Caracara habitat located on the subject property.
March 7, 2006
Page 5
Subject: Whispering Oaks - PUD
File Numbers: RZ-04-030/PUD-04-028
Vegetation Protection
All tree mitigation requirements will be satisfied through Alternative Compliance Methods
per Section 6.00.05(D)(3)(b) of the Land Development Code. The site plan shows 10.01
acres to be preserved (15% of the total site and 50% of the existing native uplands).
This preserve area exceeds the required 25% preservation of existing native upland
habitat and meets the 15% of the total site requirements necessary to meet Section
6.00.05(D)(3), of the Land Development Code.
The applicant will also be restoring a 0.73 acre corner of the site along the northern
property boundary. Their intention is to relocate as many of the trees from the on-site
tree nursery as possible. Therefore, the total amount of upland habitat (combining the
existing areas with the area to be restored) to be preserved will be 10.74 acres (16% of
the total site).
A conservation easement, listing St. Lucie County as one of the Grantee's, will be
required to be established over the uplands to be preserved.
A Preserve Area Management Plan was submitted, which addressed preserve area
protection during construction, exotic plant removal, and native plant restoration within
the preserve areas, as well as, a schedule of the proposed monitoring program. The
Whispering Oaks Homeowners' Association will be responsible for the perpetual
management of the wetland and upland preserve areas.
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 would result with this change in zoning.
8. Whether the proposed amendment would be in conflict with the public interest,
and is in harmony with the purpose and intent of this Code;
The proposed amendment 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, EH Building Group, Inc., is proposing a residential development of 376 units
consisting of 145 single-family lots, 143 townhouse units with a one car garage, and 88
townhouse units with no garage. The subject property is 67.18 acres in size and is located on
the east side of South Jenkins Road, approximately 1/3 mile south of Orange Avenue. The
project is to be known as Whispering Oaks - PUD. As a Planned Unit Development, the
applicant proposes to develop the subject property with some flexibility. Section 7.01.03(1) of
the St. Lucie County Land Development Code requires that 35% of the site must consist of open
space, a minimum of 15% of which must be native upland habitat preserved in its natural
condition. The proposed planned development maintains 43.33 acres (65.1 percent) of the
March 7, 2006
Page 6
Subject: Whispering Oaks - PUD
File Numbers: RZ-04-030/PUD-04-028
project area in total common open space. Lakes contain 10.17 acres, landscaping/open space
contains 23.15 acres, and native upland habitat contains 10.01 acres. The applicant is also
dedicating an additional 20 feet of right-of-way along South Jenkins Road. The remainder of the
project consists of those areas designated for residential development (buildings, roadway,
driveways, and sidewalks).
On October 20, 2005, the Planning and Zoning Commission continued the public hearing on this
item to December 8, 2005, because of several concerns about the design of the project. The
applicant provided a revised site plan based upon those concerns. The proposed changes were
as follows:
1. Replacement of town homes with single family homes in the area adjacent to the U-Vista
Subdivision located to the north of the proposed project. A 10 foot landscape buffer,
including landscaping, berm, and a fence will be located between the project and the
subdivision.
2. Replacement of single-family homes with town homes adjacent to the native upland
habitat preserve in the southwest section of the project. The native upland habitat has
been enhanced and is to provide an additional 30 feet of buffer area to the residences to
the south.
3. Relocation of the amenity center further east and away from proposed town homes.
4. Relocation of the tot lot to the back of the amenity center and away from the street.
5. Increase in the size of the grass ball field. The multiple use sport court was converted to
a larger grass ball field relocated in an area originally proposed for revegetation.
At the December 8, 2005, public hearing on this matter, the St. Lucie County Planning and
Zoning Commission, by a vote of 5 to 2 (Mr. Hearn and Mr. Knapp) with one member (Mr.
Trias) absent, recommended approval of the requested change in zoning and preliminary
planned unit development. At this meeting the Planning and Zoning Commission requested
that the developer consider revising the project to better buffer the residents located to the
south of the proposed project by redesigning the southern retention lake to extend along the
southern property line of the project and extending Pine View Drive to the west into the
preserve area and relocating units from the south end of Tall Pines Court to the preserve area.
The Environmental Resources Department (ERD) reviewed the latter request and has stated
that if the site plan were to be revised in this manner, the project would not meet the minimum
requirements of the Land Development Code concerning vegetation preservation. Attached to
this staff report is the ERD's Final Report concerning the project. Julia Shewchuk of Jordon
Jones & Goulding has stated to staff that the lake cannot be reconfigured without violating the
South Florida Water Management District's criteria for drainage retention areas.
Instead of the requested revisions, the applicant will provide a six foot tall wooden fence along
the property line on top of a four to five foot high berm. The applicant will also work with ERD
staff on the placement of the fence to avoid all native vegetation to the greatest extent possible.
Any areas that become cleared due to the removal of exotic vegetation will be replanted with
March 7, 2006
Page 7
Subject: Whispering Oaks - PUD
File Numbers: RZ-04-030/PUD-04-028
native plants. The applicant will coordinate with ERD staff on the size and type of plants to be
planted in this area.
Also speaking at the Planning and Zoning Commission meeting of December 8, 2005, were
residents of the U-Vista Subdivision located on the north side of the northeast corner of the
proposed development. They requested screening and additional vegetation between their
homes and the proposed project. They also requested that none of the homes in this area be
allowed to exceed one-story in height, consistent with their homes. The applicant has
proposed a 6-foot vinyl-coated chain link fence with associated landscaping in this area. The
applicant will also be installing a drainage ditch on the south side of the property line to
accommodate excess drainage from the U-Vista Subdivision. They stated at the meeting that
they would consider restricting the height of the structures to one story in this area, but have
not indicated their decision to staff.
On January 17, 2006, the Board of County Commissioners continued the public hearing on this
item to February 7, 2006, in order to allow staff time to determine appropriate conditions of
approval subsequent to the petitioner's request that they be allowed to reserve traffic capacity
for the proposed project.
Prior to the scheduled public hearing of February 7, 2006, before the Board of County
Commissioners, it was determined that the legal advertisement for the proposed project
contained an incorrect legal description of the subject property. As a result, the project has
been rescheduled for review before the Planning and Zoning Commission on March 16, 2006,
and the Board of County Commissioners on March 21, 2006. Staff will provide the Board of
County Commissioners an update on the recommendation of the Planning and Zoning
Commission prior to the March 21, 2006, Board of County Commissioners meeting.
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:
1. Prior to the recording of any Final Plats of the Whispering Oaks Planned Unit
Development, the developer, his successors or assigns, shall pay Road Impact
Fees to St. Lucie County in the amount of $2,616.00 per single-family lot and
$1,902.00 per multiple-family (townhouse) unit. The developer, his successors
or assigns, shall not be responsible for any additional Road Impact Fee
payments to St. Lucie County. Should the Board of County Commissioners
approve a Road Impact Fee adjustment more than or less than the agreed to
payment schedule described above, the above described schedule shall apply.
2. Prior to the recording of any Final Plats for the project, the developer, his
successor or assigns, shall pay the amount of $500,000.00 to St. Lucie County to
offset any and all impacts of the Whispering Oaks PUD on St. Lucie County's
transportation network. This contribution shall be used by the County as follows:
a) a portion of the contribution shall first be used to pay for the proportionate
March 7, 2006
Page 8
Subject: Whispering Oaks - PUD
File Numbers: RZ-04-030/PUD-04-028
share of the impacts of the Whispering Oaks - PUD on the intersection of Kings
Highway and Orange Avenue, and b) the remainder of the contribution shall be
applied toward the cost of the preparation of a Realignment and Widening Study
for roadway improvements for South Jenkins Road from Okeechobee Avenue to
Orange Avenue. This contribution, along with payment of the impact fees and
the required specific site related improvements, shall satisfy all impacts of the
Whispering Oaks - PUD on St. Lucie County's road network.
3. As a part of any Final Plat of the proposed project, the petitioner, his successors
or assigns, shall conveyor dedicate by plat to St. Lucie County, the west 20 feet
of the subject property along South Jenkins Road for additional right-of-way. To
the extent permitted under the County's Code and Compiled Laws, any such
dedication may be considered eligible for Road Impact Fee Credits.
4. Prior to the recording of any Final Plats for the project, the developer, his
successor or assigns, shall either construct or submit sufficient security in
accordance with Section 11.04.00 of the St. Lucie County Land Development
Code for the construction of a southbound left turn lane into the project entrance
on South Jenkins Road.
5. Prior to the recording of any Final Plats for the project, the developer, his
successor or assigns, shall either construct or provide sufficient security in
accordance with Section 11.04.00 of the St. Lucie County Land Development
Code for the construction of a northbound right turn lane into the project entrance
on South Jenkins Road.
6. Prior to the recording of any Final Plats for the project, the developer, his
successor or assigns, shall either construct or provide sufficient security in
accordance with Section 11.04.00 of the St. Lucie County Land Development
Code for the construction of a left turn lane into the project entrance on Peterson
Road.
7. Prior to the recording of any Final Plats for the project, the developer, his
successor or assigns, shall either construct or provide sufficient security in
accordance with Section 11.04.00 of the St. Lucie County Land Development
Code for the construction of a 6-foot wide sidewalk along the project's frontage
on South Jenkins Road.
8. The developer, his successors or assigns, shall be required to provide a Bus
StoplTransit Stop at the entrance to the project on South Jenkins Road.
9. Prior to the issuance of a St. Lucie County Vegetation Removal Permit, the
developer, his successors or assigns, shall provide to the St. Lucie County
Environmental Resources Department an executed and recorded copy of the
conservation easement for the 10.01 acres of uplands to be preserved.
10. Prior to Final Planned Unit Development Approval, the developer, his successors
or assigns, shall submit and have approved adequate littoral planting plans to the
St. Lucie County Environmental Resources Department. Said landscape plan
March 7, 2006
Page 9
Subject: Whispering Oaks - PUD
File Numbers: RZ-04-030/PUD-04-028
shall include the exact littoral zone locations around a portion of each lake
constructed on site along with the proposed plant sizes, quantities, and spacing.
11. The Homeowners Association guidelines provided with the Final Planned Unit
Development shall include or reference the Preserve Area Management and
Monitoring Plan.
12. Prior to the issuance of a St. Lucie County Vegetation Removal Permit, all
preserve areas shall be barricaded per the approved Preserve Area
Management and Monitoring Plan.
13. No two adjoining single-family homes shall have the same front architectural
elevation.
14. The irrigation system within this project shall be designed to accept reuse water
from the Ft. Pierce Utilities Authority (FPUA) as the preferred method of
irrigation.
15. The hours of operation for construction activities shall be limited from 6 AM. to 6
P.M., Monday through Saturday.
Please contact this office if you have any questions on this matter.
Attachment
hf
cc: Julia Shewchuk, AICP - Jordan Jones & Goulding
Noreen Dreyer, Esq. - Ruden, McClosky
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 EH BUILDING GROUP, LLC, FOR A CHANGE IN ZONING FROM THE
RS-3 (RESIDENTIAL, SINGLE-FAMILY - 3 DU/ACRE) ZONING DISTRICT TO THE PUD
(PLANNED UNIT DEVELOPMENT - WHISPERING OAKS) ZONING DISTRICT, BECAUSE ....
[CITE REASON[S] WHY - PLEASE BE SPECIFIC].
MOTION TO DENY:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING,
INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN
SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE
THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE
COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF EH
BUILDING GROUP, LLC, FOR A CHANGE IN ZONING FROM THE RS-3 (RESIDENTIAL,
SINGLE-FAMILY - 3 DU/ACRE) ZONING DISTRICT TO THE PUD (PLANNED UNIT
DEVELOPMENT - WHISPERING OAKS) ZONING DISTRICT" BECAUSE....
[CITE REASON[S] WHY - PLEASE BE SPECIFIC].
Planning and Zoning Commission! Local Planning Agency
October 20, 2005
Aaenda Item #2 EH Buildina Group: Whisperina Oaks:
Senior Planner Hank Flores stated that this is the application of EH Building Group for a Change
in Zoning from the Residential Single-Family (3DU/Acre) Zoning District to the Planned Unit
Development Whispering Oaks Zoning District for 67.18 acres of property which located on the
east of North Jenkins Road, approximately 1/4 mile south Orange Avenue.
The applicant is proposing a residential development of 378 units, which consists of 131 single-
family lots, 143 town house units with a one-car garage and 104 town house units with no
g'arage. The proposed planned development maintains 42.98 acre project area and total
common space. This is 63.9% of the project. The lakes contain cres, there is 21.32
acres of landscaping and native upland habitat is consisting of 1 res.
The applicant is also dedicating an additional 20 feet of rig
The remainder of the project consists of those areas des'
such as buildings, roadways, driveways and sidewalk
North Jenkins Road.
ential development,
ompatible
Chairman Grande asks if there are any qu
Hearing none, Chairman Grande opened t
Mr. Trias: How many
compared with allo
Ms. ey f Applicant): Here requesting PUD approval for
approx erty currently has a land use of Residential Medium (up to
nine units t zoning is RS-3 (3DU/Acre) and we are requesting a PUD with
a density of . We have reviewed the staff report and agree with the staff
recommendatio conditions of approval. We believe that our PUD allows us to
achieve a mix of and some design features that enhance the property and the
community and bri e property in with the development that is consistent with the
surrounding approva that have occurred recently and consist with the future land use
designations surrounding the property.
Mr. Trias: Is that green area on the lower left part of the project.
Ms. Dreyer: Yes.
Ms. Julia Shewchuk (Jordan Jones & Golden): Here to give a brief overview and presentation of
the project. Overall consistency is RM, which allows for nine units per acre. To the north of us
there is industrial, and commercial, and to the south is also all medium density residential land
9
Planning and Zoning Commission! Local Planning Agency
October 20, 2005
use. The zoning that we are looking is RS-3 (3DU/Acre), to the north are also heavier type uses,
to the south is Celebration Point PUD, which was approved not too long ago, and one another
PUD that has not made it yet on the zoning map, which is Bend Creek PUD. Surrounding
zoning is consistent with surrounding developments.
Mr. Trias: Asks that Ms. Shewchuk trace the perimeter of the project on her presentation.
Mr. Hearn: The illustration being shown is extremely misleading. I thought that all of the green
area was part of the property. I would like to see the applicant to delineate exactly what is their
property so that we are not confused.
Mr. Flores: No.
Ms. Shewchuk continued with her presentation. She stated that
to the residents as well as to the public. One of them is the
units in the PUD allows for a more efficient use of pro
preserved area. There is also a conservation ease men
increased because you have more open space for p
denser and enhanced landscaping throughout th
through the adjacent areas. Recreation portion i
because we are providing several amenities on e
facilities. There is enhanced landscaping, the buffers
required, and they are transitional buffers between the in
The project is providing access points both Jenkins an
Providing an additional 20 feet of right- North Jenki
and linking in the sidewalk on Jenkins roviding c
bicyclists with an internal sideway and bicy
Mr. Trias: Wanted to kno
Ms.
s that received a response from the School Board. Has staff
Ms. Dreyer: We have tered into agreements with both the School District and the Fire District
to agree to pay an additional contribution for the acquisition of land. The agreements were
entered into in January and March of this year. Agreements have been provided to Mr. David
Kelly.
Mr. Trias: Finds that there are some inconsistencies with the renderings shown as compared to
the site plan.
Ms. Hearn: Property just to the north zoned RS-3; that is not part of your project and is under
separate ownership, is that correct?
10
Planning and Zoning Commission! Local Planning Agency
October 20, 2005
Ms. Shewchuk: Correct
Chairman Grande asks is there are further questions of the applicant
Ms. Morgan: Ingress and Egress on Peterson Road.
Ms. Shewchuk: Both will be there at the time of construction.
Mr. Lounds: How much open space?
Mr. White: States
forward.
Ms. Shewchuk: 64%.
Mr. Lounds: Multi-family on the north end of the project
rather than single-family.
Ms. Shewchuk: Yes. The town houses are inte
intensity uses of industrial and commercial towar
Chairman Grande wants the density for Celebration Po
Mr. Flores: 5.12 dwelling units per acre
Mr. Lounds: Wanted
residential areas.
h the neighbors of the
Mr. Todd White (Develo
increased landscapin
possible.
of project. They only asked for
n meeting with others as soon as
ffer at that point. Do you plan on putting a
wit e residents with regards to the buffers and they do not
have an objection to what you are doing. But if I were to hear
as spoken with them and will continue to work with them going
Mr. Hearn: Wanted to know if this was a gated community.
Mr. White: Yes.
Mr. Hearn: It is not indicated on here, do you plan on having a perimeter fence around it or
anything?
Mr. White: No perimeter fence.
11
Planning and Zoning Commission! Local Planning Agency
October 20, 2005
Mr. Hearn: How are going to keep people out?
Mr. White: It's just controlled access.
Mr. Trias: But you are doing a gate?
Mr. White: Yes.
Mr. Trias: Even though it is not consistent.
Mr. White: I was referring to walls around the perimeter of the prop
Mr. Trias: Two-car garage in the front of the single-family det
Mr. White: (Inaudible)
Mr. Trias: How wide is the lot?
Mr. White: 47 feet wide, with 6 feet on with side)
Mr. Flores: Believes 20 feet is adequate
Ms. Hammer: Really 20 feet landscape bu
Ms. Shewchuk: The 20 ~
the property across to
because there is th
then there is 20 fo b
for several different types of ball games.
be hard surface or grass.
Ms. Hammer: Ha with the town homes along the left side of the recreation area.
Thinks that the recre area is too small for this number of houses and the number of people
that would be there. uld like to see those 8 units eliminated and that whole triangle become
the recreation facility. Has concern with the tot-lot being that close to the road because this
looks like it's going to be one of the major entrances coming in.
Mr. Trias: Would like dimensions of multi-sport court.
Mr. White: The sport facility is a multi-purpose court. You can have multiple sports take place on
the court.
Ms. Shewchuk: Understanding is that it is the size of a regular ball field.
12
Planning and Zoning Commission! Local Planning Agency
October 20, 2005
Chairman Grande: Needs some explanation on the size of the multi-sport court. Wants to know
if it is approximately the size of the pool.
Mr. White: Yes
Chairman Grande asks if there are any other questions of the applicant.
Chairman Grande opens the Public Hearing.
Mr. Darren Robertson, 139 Uvista Court, stated that they hav
regards to this development. Interested in where the entrances
Mr. Hearn: Asked if Mr. Robinson has seen the plan where t
Mr. Robertson: no.
Ms. Hammer: Wanted to know if Mr. Robinson r
the change in zoning request.
Chairman Grande: Wants to know if the
Mr. Robertson: No.
Mr. David Tubeck: Finds'
on in that corner. Sta
being for sale. That
that the individua ,
concerned.
ose in I duals have had any contact with the developer.
ot think there were any discussions.
easons why he did not meet with those landowners.
Mr. Hearn: Wo
the upland preserv
he multi-sport court larger. If nothing else takes a little bit out of
e would like to do.
Ms. Hammer: Under the impression that he met with the residents of Uvista Court.
Mr. White: Stated he only met with one.
Mr. Lounds: It's amazing what you can do when you meet with these individuals. I am not real
happy with development. I feel that you have brought forth a better plan than what those
individuals to the south of this project have brought forth.
13
Planning and Zoning Commission! Local Planning Agency
October 20, 2005
Mr. Trias: Idea is great. Presentation has great concepts. Agrees with presentation. The actual
design that being shown is very dense PUD.
Mr. Robertson: Wanted to address the drainage.
Ms. Shewchuk: We are aware of the drainage issue. Distance from these buildings
To the property lines is a minimum of 50 feet. Actual landscape buffer is anywhere between 10
and 20 feet. Detailed landscapes plans have been submitted.
Ms. Hammer: Wants to know about the three types of housing. Th
garage, are those the ones in the top right corner or the top left cor
Ms. Hammer' .
two entra
and wo
the
4>"
recreatl
Ms. Shewchuk: Top Left.
Ms. Hammer: Town homes with no garage are in the top
Ms. Shewchuk: Correct.
Ms. Hammer: Are they one story?
Ms. Shewchuk: They are two-story.
Ms. Hammer: The town homes with n
Wanted to know of Mr. Robertson lived in
c er are two-story units.
me.
Mr. Robertson: One-Story.
Ms. Hammer: What a
e different types of mixed housing. Likes the
ere has ot been a meeting with the owners to the north
dr w or table this until he can meet with the neighbors to
e units removed from the plan and the units by the
e are no trees there. All of the trees are gone. States that they
t section.
Ms. Dreyer: States t
per acre is not very d
applicant would like to move forward tonight. States those 5.4 units
Mr. Trias: Wants to know what the net density of the property is.
Mike Schor (Civil Engineer and Surveyor for the Property): States that the concentrated density
is forced on them by two conditions; one of them is the amount of preserve area and the other
size of the lake. The reason for the size of the lake is because we are in a flood compensation
zone and we have to create enough flood compensation to facilitate the elevation of the rest of
the site.
14
Planning and Zoning Commission! Local Planning Agency
October 20, 2005
Mr. Trias: And there is a third reason, which is that you are requesting almost twice the amount
of units that are allowed now.
Mr. Schor: Correct.
Ms. Dreyer: States that they are well within the range that would be permitted by the future land
use and we believe that this request is justified because of the mix of housing types that we are
offering. The developer is offering a product that will provide a range of housing units at multiple
price ranges for people in the community. These units will begin in the very low $100's and go
up to the higher $200's. This is a very broad mix of housing to ress the needs of the
community. We have open space far in excess of what would typi . quired. Requesting
that the Board move them forward tonight to the recommendatio pproval. Will also continue
to look at the recreation area.
Chairman Grande closes the Public Hearing.
Mr. Lounds: What prevents it from going to the nine
Mr. Flores: States that there is not anything that wo
has nine units per acre.
Mr. Hearn: States that he though that th
Mr. Flores: As far as this plan, yes.
enhancing the landscaping along the area
s wh a developer comes in with a plan like this they're doing
hat they understand this community is asking for.
Chairman Gran he does not have a problem with the total density of this project,
the problem is tha oper or designer of this project has utilized the available space in
best fashion based 0 products he is trying to put on the property.
Agrees with Ms. Ha er and that I would like to see this not rejected and not sent on, but I
would like to see the developers take this back and flip the units to where they ought to be on
the property.
Mr. Lounds: Wants to know if it would satisfy the Board if that area of Uvista had the single-
family and in the South end of Peterson Road had the multiple-family, which gives you a buffer
of that road and area.
Mr. Trias: States that he is encouraged by the discussion about design. By going through the
TVC process has taught us a lot.
15
Planning and Zoning Commission! Local Planning Agency
October 20, 2005
Mr. Hearn: States that his remarks from before were geared toward the density issue. Concurs
completely that a redesign of this project would be in order.
Chairman Grande: Wants to know what the alternatives are. How would the developer feel
about tabling this temporarily and having the client take the input that has come from the people
and from the Board and perhaps move some of the units around so that they fit better and come
back.
Mr. Grande: Want
with multi-family units
Ms. Dreyer: States that they have been in a processing for a very I
move forward tonight, but certainly do understand the Board's co
commit to looking at a redesign of the Uvista area.
time and would like to
. tates that they can
Mr. Hearn: Asks if Board could send this on with the re
condition that these areas of concern be changed b
Commissioners.
of approval with the
Board of County
Ms. Morgan: Agrees with Mr. Hearn. States that
them what to do and I am sure that Board 0 Co
minutes and listening to tapes.
Mr. Trias: States that he would feel mo
better design projects to begin with. I am
. . The best thing to do is have
se of the poor design.
Chairman Grande: States that no mater wh
Mr. Mundt: States that he
it, but does not feel g
be. Is not prepared
t would like to make a Motion to table this and
y w like to be moved forward tonight with whatever
forward to the County Commissioners. We understand your
those concerns being identified in a motion.
that is a commit that they would not go to the County Commission
e Uvista area or was that a commit that you would look at it?
Ms. Dreyer: It is a commit that we would look at it. States that understand the concerns.
Ms. Heather Young: States that from a procedural standpoint recommends that the appropriate
Motion would be to continue to that date at 6:00 pm or thereafter. If they table it, they will
basically be starting the process over.
Chairman Grande: States that it would be continued until a January Meeting.
Mr. Hearn seconds the Motion to continue this item.
16
Planning and Zoning Commission! Local Planning Agency
October 20, 2005
Chairman Grande announces that there is a motion and a second to continue this hearing to the
scheduled meeting in January 19, 2006.
Mr. Trias: States that he feels more comfortable with tabling this issue or denying it.
Ms. Hammer: Feels more comfortable with a motion to deny rather than table, because it does
not look like they are going to go back and do all of things that we have recommended.
Chairman Grande: Asks if they would be happy if they send it forwar . a motion to deny and
the Commission chooses to accept it as it is.
Ms. Hammer: States that she would be very unhappy.
Mr. Hearn: States that he has seen this board make a u
a project and then the Board of County Commisso
unanimously without any changes to it. Believes
appease what concerns we have and I w
recommendation of neither approval or denial an
Commissioners.
dation of denial on
and approve it
good effort to
(j with a
s on to the
Chairman Grande requested that roll b
19, 2006:
be continued until January 19, 2006 at 6:00 pm
17
A2enda item 5: EH Buildin2 GrouD II. LLC RZ-04-030IPUD-04-028:
For the record, Chainnan Grande stated that he has had electronic discussions with the
applicant on this item.
Mr. Hank Flores presented this item. He stated that this is the application of EH Building
Group for a Change in Zoning from the RS-3 Zoning District to the Planned Unit
Development- Whispering Oaks Zoning District. The property is located on each side of
South Jenkins Road and is approximately 1/3 of a mile south of Orange Avenue.
On October 20, 2005, this board continued the public hearing on this item because of
several concerns about the design of the project. The applicant's representative has
provided a revised site plan based upon those concerns.
Staff has detennined that the petition meets standards of review as set forth in Land
Development Code and is not in conflict with the Comprehensive Plan. Staff is
recommending that this petition be forwarded to the Board of County Commissioners
with a recommendation of approval, subject to seven limiting conditions.
Chairman Grande asked if there were any questions of staff.
Mr, Knapp stated that they have approved additional projects on South Jenkins Road- The
United Homes and Lennar Homes. He asked Mr. Flores what the densities of the two
developments were.
Mr. Flores stated that the Celebration Point project which is located to the southwest is
approximately 3.5-4 units per acre and Bent Creek, which is located to the east is
approximately two or three units per acre.
Mr. Knapp asked when was the traffic study done and if it included the other two
developments that have not been built yet, but will be accessing Jenkins Road.
Mr. Flores stated that the traffic report is dated May 18, 2005, and it took into account
Celebration Point and Bent Creek as well as the Palm Breezes Club which is located on
Orange Avenue, just east of the Turnpike.
Mr. Knapp stated that he is very concerned with the traffic on Jenkins Road because the
last reports that they had stated that Jenkins Road was about maxed out.
Ms. Hammer stated that in the report there is mention of a landscaping benn and a fence
being located between the project and the subdivision. She asked what kind of fence is
this going to be.
12-08-2005 P&Z
8
Chairman Grande stated that question will be held for the applicant.
Chairman Grande opened the public portion of the hearing.
Johnathan Ferguson, the applicant's attorney, stated that this application has an existing
land use category of RM (Residential Medium) which allows up to nine units per acre.
He stated that they have a signed executed agreement with the school district in lieu of
land donation, It was executed early in 2005 and was provided to staff.
The school's new impact fee went into effect on December 1st and the impact fees
account for a land component, which is also what the agreement was addressing.
The type of fence that they will use is a vinyl coated, chain-linked fence, which is at the
request of the residents, and not required by Code.
Ms. Julia Shewchuk, with Jordan, Jones and Goulding highlighted the changes of the site
plan. She stated that they have replaced the townhomes with single-family homes
adjacent to the U- Vista subdivision community and also kept the ten feet landscape
buffer. In addition, there will be a 15 foot rear setback to the single-family residents.
Therefore there will be a 25 foot buffer between and structure on the property line. The
closest house to the subdivision of their landscape buffer is 75 feet
She stated that they also relocated the townhouses to the southwest comer, next to the
Upland Preserve so that it is buffered from Jenkins Road by the existing Upland Preserve.
They have also extended it to provide a 30ft Upland Preserve buffer and another
landscape area, which would be between the property line and the closest comer of the
townhome.
There is a 65 foot setback to the property line which is quite mature landscaping as well
as the native buffer. She stated that they will replace all exotic vegetation areas that they
remove, with native vegetation so that they do not create bare spots. She stated that they
have separated the community center along with the pool and located it further up from
the townhomes. They placed an 80 foot buffer in between them both, which are all native
upland mature habitats. She stated that they flipped the parking lot from the east side to
the west side. They have moved the tot lot away from the street, to the back of the club
house and added a built-in generator to the club house.
They have eliminated the multi-sport court and in an area that was supposed to be re-
vegetated in the Upland, they have created a multi-purpose, grass ball field with an
average dimension of 140 feet by 100 feet. The area that originally was supposed to be
re-vegetated will be re-vegetated in the bare areas. She stated that there is Brazilian
Pepper on the property line, which they will replace that with native understory, She
stated that they will preserve the palm clusters and will not be getting rid of them.
12-08-2005 P&Z
9
Chairman Grande asked if there were questions of the applicant.
Ms. Hammer asked if this is a gated community.
Ms. Julia Shewchuk stated that this is a gated community and there will be security and
electronic gates which will need codes to get in and out.
Chairman Grande opened the public hearing.
Mrs. Margaret Bill Trainer stated that she is most concerned with the back of her
property. Her property is located in front of the proposed development. She stated that
she is concerned about drainage issues, as well as, water flooding her property because of
the proposed development being built and mounded higher than their property.
She also has concerns about the fence and is not in favor of a chain linked fence. She
would like guarantees showing that the drainage would be taken care of.
Mr, Flores stated that the applicant is required to have a South Florida Water
Management District permit, as well as a St. Lucie County storm water permit. They also
must follow the local guidelines as well as retain their water on their own site.
Mr. Flores stated generally fences can be on the property line. He stated that it is up to
this board to determine what type of fence will be built.
Mr. Tom Gladwin stated that he lives on the south west comer. He stated that the
townhouses were moved into his neighborhood from the V-Vista court area. He stated
that he would recommend that the pond be wrapped around in between both the property
near V-Vista and their property.
He stated that he is not happy with the way the applicant is developing this site. He
stated that there are better options out there that would soothe the issues that all of the
existing neighbors have concerns about.
Mr. Mike Score (engineer of the project) stated that they can move the lake, but the lake's
size must stay the same size and the dimensions must meet the minimum requirements of
the South Florida Water Management District. He stated if they reshuffle this site plan,
they will lose units in the townhouses. He stated that the lake is conveniently located to
catch drainage from the road, which is an economical design and if the lake is removed,
the economics will be lost.
Mr, David Tubeck stated that they do not understand the need for the buffer. He stated
that he agrees with the previous public speaker.
Mr. John Schmidt (Landscape architect for this specific project) stated that the property
line is 75 foot to the nearest home. At the property line they are proposing a five feet
high, chain linked fence, and on the backside of this will be a continuous native hedging
12-08-2005 P&Z
10
material, as well as a layering of native Canopy trees which will be 30 feet on the center,
running on the property line.
He stated that there is a slight swale in the first ten feet of the property line. In meeting
with the neighbors, they agreed to help out with any drainage issues that occur within that
first ten feet.
Mr, Lounds stated that the applicant should consider asking the residents what they
would like to see in their area when it comes to using a fence as a buffer and a vinyl
chain-liked view on their side with native hedges on the other side.
Mr. Daren Robinson stated that he would rather have a thick hedge with the fence against
the hedge, and the fence on their side. This way, no one would be in their backyards
trimming their hedges. He stated that the applicant told them that the houses behind them
will be single-story dwelling units, and he added that he would like for it to stay that way.
Chairman Grande asked the applicant if he can address the comment made about the
single-story dwelling units,
Mr. Ferguson stated that this decision has not been made and will be made at the final
review period,
Mr. Chris Langel stated that he is here on behalf of his mother and he agrees with what
Mr. Gladwin stated, He stated that the natural buffers that they have now are what they
consider "natural buffers" and is also what they like, Mr. Langel stated that their needs
should be accommodated because they are just as important as the developer. He stated
that he also has concerns about the traffic.
Currently Jenkins Road is very congested and there is a lot of volume on it.
Chairman Grande stated that the developer will provide a traffic study to the County and
the County will review the traffic study and determine whether or not the number of trips
that will be added, will push the road over its capability,
For the record, Mr. Langel stated that he grew up in this area and as a kid he has seen
chemical containers in the lakes and the ponds. He stated that the tenants that ran the
nursery prohibited any fish to be eaten or taken out of the pond, for the well being of the
community, Mr. Langel recommended that environmental studies be done in this area.
Mr, Pat Langel stated that he represents himself and his mother who is a widow and has
been living in the area for a long time. He stated that the townhouses that the applicant is
proposing to build are very close to his mother's back yard. He has concerns about the
traffic and the wall.
Mr. Renaldo Peres stated that he shares the same opinion as the Langels and Mr.
Gladwin.
12-08-2005 P&Z
11
For the record, Mr. Peres stated that the applicant went about 130 feet onto his property
and cut down some trees without his pennission. He stated that the applicant has not
done anything to compensate him for cutting down the trees on his property. He added
he liked the woods that he had in his backyard before the applicant cut the trees down.
He also added that the applicant also left big holes in his yard, when they cut down the
trees. He stated that he is unable to get into his backyard to cut the grass because of the
holes that the applicant left.
Chainnan Grande told Mr. Peres that he should contact the County's Attorney to see
what his civil rights are in regards to the applicant intruding onto his property and cutting
down the trees in his yard.
Ms. Susie Caron stated that she lives in the North County area and she is the person that
conducted the road study. She stated a project was approved in her area and the
developers are working with the residents to see what their desires are and what they
would like to see done in their community.
Ms. Caron stated that the developer needs to address the concerns of the surrounding
residents. She also stated that the proposed project is not compatible with the existing
surrounding land uses. She added that the traffic issues need to be addressed.
Mr. Hearn asked Ms. Caron what her traffic study indicated, in comparison to the current
traffic report on Emerson Road.
Ms, Caron stated that her traffic report revealed that the current traffic report is incorrect
and false. She stated that the traffic is much denser.
In regards to the property owners on V-Vista and the drainage concerns, Mr. Ferguson
stated that they will attempt to accept as much of the run-off as possible, that is coming
south, and run it through the drainage system of the proposed project. He stated instead
of putting a benn in the cross section which would act as a dike, there is a swale there
that can be maintained at the existing ground level.
In regards to the environmental issues, a Phase I and a Phase II environmental assessment
was done on the property, prior to acquiring the property. This included multiple soil
borings in the primary areas where there may have been concerns such as the old saw
mill that was on the site and in the citrus grove, as well as, in the natural landscaping
area. He stated that the environmental assessment came back clean and they did not fmd
anything.
A traffic report was done on the site and it was submitted to the County, wherein it
passed the County's requirements, He added that they will be donating an additional
right-of-way along Jenkins Road.
12-08-2005 P&Z
12
Mr. Ferguson stated that they will be paying impact fees. He stated that there is access
into the site on Peterson Road. He added Peterson Road is being improved, from Jenkins
Road to Hartman Road because of the many developments in this area. This will allow
access for traffic wanting to go south or towards Ft. Pierce,
Mr. Ferguson stated that they will get together with the Langels and try to work
something out in regards to what all of the parties agree is the best solution for the
property line, prior to this recommendation getting to the Board of County
Commissioners,
He stated that they are agreeable to move the townhomes to the northwest, if the County
Environmental Resources and the Growth Management Department agrees also. He
stated that they agree with staff s recommendation and the conditions in the staff report
and respectfully request that this be forwarded to the Board of County Commissioners
with staff's recommendation of approval.
Chairman Grande asked if there were questions of the applicant.
Mr. Knapp asked who is improving Peterson Road.
Mr. Score, the engineer for the project, and the Bent Creek project, stated that they are
presently building Peterson Road.
Mr. Knapp asked if they were building turning lanes on both the left and right turns on
Jenkins Road that go into the proposed property.
Mr. Score stated yes. He stated that they are widening Jenkins Road sufficiently enough
to get the additionallaneage to provide the turn lanes.
Ms, Hammer asked Mr. Ferguson if they will work with the Langels and their mother
with their concerns, as well as Ms. Margaret Trainer and her concerns about not wanting
a chain linked fence,
Mr. Ferguson stated that they will continue to work with the all of the residents and try to
come up with a solution that works for everyone.
In reference to future concerns, Ms. Hammer stated that when someone comes in and
goes into an agreement of sale, there should be an attachment of a designated map, which
shows exactly where the preserve area is, along with the rules and regulations of how
they have to maintain the property. This will inform purchasing individuals of future
land uses and land designations on properties. The individuals can determine whether or
not they would like to purchase the property and, this will avoid property owners from
being surprised by a use maintenance requirement.
Mr. Ferguson stated that they understand and will look into the best way to address this
concern.
12-08-2005 P&Z
13
Ms. Hammer stated that the date on the maps that they received is incorrectly dated
5/24/2005. When this application was reviewed the Planning and Zoning Commission in
October, this was not the plan that they reviewed,
She stated before this application goes forward, she would like for the map's date to be
accurate and corrected.
Mr, Ferguson stated that this will be corrected.
Chairman Grande closed the public hearing.
Mr. Lounds stated "After considering the testimony presented during the Public Hearing
including staff's comments in the standards of review as set forth in Section 11.07.03 of
S1. Lucie County Land Development Code, I hereby move that the Planning and Zoning
Commission recommend that the S1. Lucie County Board of County Commissioners
grant approval to the application of EH Building Group II LLC for a Change in Zoning
from the RS-3 Zoning District to the PUD-Whispering Oaks Zoning District."
He stated that he feels that it creates a transition between the residential area that is being
developed on the south side of the proposed project and the commercial development that
is being developed on Orange Avenue.
He stated that he makes this motion providing that the comments, along with the seven
conditions and any other special conditions, and the considerations be adopted as part of
this motion for the residents and changes made on the north end ofU-Vista.
He added that he strongly urges that the developer talk with the Gladwins, Peres' and
Langels about the consideration of moving Tall Pine Court to be extended to Pine View,
providing that it does not interfere with some of the County's environmental issues. Also
that they work with the County to provide that alternative design.
He asks that the Landscape Architect contact the S1. Lucie County's Department of
Agriculture/County Agent's Office and find out what is considered the best native plant
material instead of tropical growth material, because the latter will be subject to freeze
and poor viability.
Ms, Hammer stated that she will second the motion and add as a condition that this item
not go to the County Commission until accurate complete minutes of tonight's dialog
have been reviewed and proofed by a planner in Growth Management and attached to this
item.
Mr. Lounds stated that he will consent to Ms. Hammer's added condition.
The roll was called.
12-08-2005 P&Z
14
Mr. Mundt voted for the motion.
Ms. Morgan voted for the motion.
Mr. Hearn voted against the motion and stated that he is not comfortable with the
amount of density in this area, with the traffic that is on this road. He added that he does
not agree that this project is compatible with the neighborhood at this point and time.
Mr. Knapp voted against the motion.
Ms. Hammer voted for the motion.
Mr. Lounds voted against the motion.
Mr. Grande voted for the motion.
Chainnan Grande stated that this item will be forwarded to the Board of County
Commissioners with a recommendation of approval.
Ms. Hensley stated Ms. Young is the legal council of a 25 year plan currently being put
together by the MPO Department. She stated that this plan shows the need for the future
in the aggregate with the land use. She suggests that staff be provided access to this so
that they will be able to provide more specific figures in answering questions regarding
this.
12-08-2005 P&Z
15
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Treasure Coast Newspapers Tuesday, March 7, 2006
ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS
PUBLIC HEARING AGENDA
MARCH 21, 2006
TO WHOM IT MAY CONCERN:
NOTICE is hereby given in accordance with Sec,
tion 11.00.03 of the SI. Lucie County Land Devel-
opment Code and in accordance with the provi,
sions· of the St. Lucie County Comprehensive
Plan that the following applicants have requested
that the SI. Lucie County Board of County Com,
missioners considers their following requests:
EH BUILDING GROUP for a Change in Zoning
from the RS~3 (Residential, Single-Family , 3
du/ac) Zoning District to the PUD (Planned Unit
Development ' Whispering Oaks) Zoning District
and Preliminary and Final Planned Development
Site Plan Approval for the following described
property:
PARCEL 1:
THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF
THE SOUTHWEST 1/4, AND THE NORTHWEST
1/4 OF THE SOUTHEAST 1/4 OF THE SOUTH-
WEST 1/4, AND THE WEST 1/2 OF THE SOUTH,
WEST 1/4 OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4, AND THE EAST 1/2 OF EAST
1/2 OF THE SOUTHWEST 1/4, OF SOUTHWEST
1/4, ALL IN SECTION 7, TOWNSHIP 35 SOUTH,
RANGE 40 EAST. LESS AND EXCEPT THE RIGHT,
OF,WAY FOR CANAL NO. 35 OF THE NORTH ST.
LUCIE RIVER WA1"ER MANAGEMENT DISTRICT.
PARCEL 2:
THE WEST 3/4 OF THE NORTH 1/2 OF THE
SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 AND
THE NORTH 132 FEET OF THE SOUTHWEST 1/4
OF THE SOUTHWEST 1/4 OF THE SOUTHWEST
1/4, ALL IN SECTION 7, TOWNSHIP 35 SOUTH.
RANGE 40 EAST. LESS AND EXCEPT THE RIGHT,
OF,WAY FOR JENKINS ROAD, PUBLIC RECORDS
OF ST. LUCIE COUNTY, FLORIDA.
PARCEL 3:
THE SOUTH 541.85 FEET OF THE NORTHWEST
1/4 OF THE SOUTHWEST 1/4 OF SECTION 7,
TOWNSHIP 35 SOUTH, RANGE 40 EAST, LESS
AND EXCEPTING THEREFROM THE RIGHT-OF-
WAY FOR JENKINS ROAD, PUBLIC RECORDS OF
ST. LUCIE COUNTY, FLORIDA.
TOGETHER WITH AN EASEMENT FOR PUBLIC
UTILITY PURPOSES ONLY OVER, UNDER. AND
ACROSS THE EASTERLY TWENTY,FIVE FEET OF
THE FOLLOWING DESCRIBED LAND:
BEING THE NORTHWEST 1/4 OF THE SOUTH-
WEST 1/4 OF SECTION 7, TOWNSHIP 35 SOUTH
RANGE 40 EAST LESS AND EXCEPTING THEREF-
ROM THE RIGHTS-OF-WAY FOR ORANGE AVE,
NUE AND JENKINS ROAD AND ALSO LESS THE
SOUTH 541.85 FEET, PUBLIC RECORDS OF ST.
LUCIE COUNTY, FLORIDA. '
SUBJECT TO AND AS SHOWN IN THE OVERLAP
AREA AND BEING MORE PARTICULARLY DE,
SCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF
THE NORTHWEST QUARTER OF THE SOUTH-
WEST QUARTER OF SECTION 7. TOWNSHIP 35
SOUTH, RANGE 40 EAST, THENCE RUN N89 DE,
GREES 42' 05" EAST, ALONG THE NORTH LINE
OF THE SAID NORTHWEST QUARTER, A DIS-
TANCE OF 1329.82 FEET, TO THE NORTHEAST
CORNER OF THE SAID NORTHWEST QUARTER;
THENCE RUN S 00 DEGREES 13' 04" WEST
ALONG THE EAST LINE OF THE SAID NORTH,
WEST QUARTER. A DISTANCE OF 46.50 FEET,
TO THE SOUTH RIGHT,OF-WAY LINE OF OR-
ANGE AVENUE (STATE ROAD 68) AND THE
POINT OF BEGINNING; THENCE CONTINUE SOO
DEGREES 13' 04"W, A DISTANCE OF 615.18
FEET, TO A 1/2" IRON ROD WITH A CAP
STAMPED RLS 2391; THENCE RUN S89 DEGREES
43' 10"W, A DISTANCE OF 13.07 FEET, TO A
POINT THAT IS SOD DEGREES 22' 23" W, A DIS,
TANCE OF 7.92 FEET FROM A 518" IRON ROD, TO
A 1/2" IRON ROD WITH A CAP STAMPED RLS
2391; THENCE RUN NOO DEGREES 22' 23"E, A
DISTANCE OF 615.19 FEET TO THE SAID SOUTH
RIGHT,OF,WAY LINE OF ORANGE AVENUE AND
A 1/2" IRON ROD WITH A CAP STAMPED. RLS
2391; THENCE RUN N89 DEGREES 42' 05"E, A
DISTANCE OF 11.40 FEET TO THE POINT OF BE-
GINNING, CONTAINING 0.173 ACRES, MORE OR
LESS, ALL LYING AND BEING IN SECTION 7,
TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LU-
CIE COUNTY, FLORIDA.
SUBJECT PARCEL CONTAINING 67.18 ACRES,
MORE OR LESS.
Location:East side of South Jenkins Road, ap-
proximately 1/3 mile south of Orange Avenue.
The PUBLIC HEARING on this item will be held in
the Commission Chambers, Roger Poitras Annex,
3rd Floor. SI. Lucie County Administration Build-
ing, 2300 Virginia Avenue, Fort Pierce, Florida on
March 21, 2006, beginning at 6:00 P.M. or as soon
thereafter as possible. Action can be taken at this
meeting, or the item can be continued to a future
date and time.
All interested persons will be given an opportunity
to be heard. Written comments received in ad-
vance of the public hearing will also be consid-
ered. Written comments to the Board of County
Commissioners should be received by the
Growth Management Department, Planning Divi-
sion at least 3 days prior to the scheduled hear-
ing. The petition file is available for review at the
Growth Management Department offices located
at 2300 Virginia Avenue, Fort Pierce, Florida.
Please call 772/462~2822 if you have any ques-
tions or require additional information. The file
for this project may be inspected prior to the
hearing date in the Growth Management Depart-
ment, 2300 Virginia Avenue, 2nd Floor, Fort
Pierce, Florida.
The SI. Lucie County Board of County Commis-
sioners has the power to review and grant any
applications within their area of responsibility.
The proceedings of the Board of County Commis-
sioners are electronically recorded. PURSUANT
TO Section 286.0105. Florida Statutes, if a person
decides to appeal any decision made by the
Board of County Commissioners with respect to
any matter considered at a meeting or hearing,
he will need a record of the proceedings. For
such purpose, he may need to ensure that aver,
batim record of the proceedings is made, which
record includes the testimony and evidence upon
which the appeal is to be based. Upon the re-
quest of any party to the proceeding, individuals
testifying during a hearing will be sworn in. Any
party to the proceeding will be granted an oppor-
tunity to cross~examine any individual testifying
during a hearing upon request. If it becomes nec-
essary, a public hearing may be continued from
time to time as may be necessary to a date-cer,
tain.
Anyone with a disability requiring accommodation
to attend this meeting should contact the SI. Lu-
cie ,County Community Services Director at least
forty-eight (48) hours prior to the meeting at
772/462-1777 orT.D.D. 772/462-1428.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY. FLORIDA
/S/ DOUG COWARD, CHAIRMAN
PUBLISH DATE: MARCH 7,2006
1345146
I
I
8ecelved By
FEB 22 2006
uwth Management
r
~ I:
Date: 8/11/04
Scale: 1" = 10()'-Q"
Design By: JES
Drawn By: JES
Checked By: Jes
File No. 352.04
Job No. 04-55
-REVISIONS / SUBMISSIONS
12/17/04 Revised Site
5/18/05 Easements
1/2/06 Revised Base
....~
il
)~I
~.~
- NOT VALID WITHOUT THE SIGNATURE AND t:
ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED LANDSCAPE ARCHITECT.
FLORIDA REGISTR TI
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D~II"U In~ ."vn I nnl:"..';:) I I'" vr Inl:".. oòJiVV I nnl:....;:;J I II"'" VI ..,;IIL_V"V" I, IVU"'''''II'' oJ...., _V_III
RANGE 40 EAST LESS AND EXCEPTING THEREFROM THE RIGHTS OF WAY FOR ORANGE
AVENUE AND JENKINS ROAD AND ALSO LESS THE SOUTH 541.85 FEET, PUBLIC RECORDS
OF ST LUCIE COUNTY, FLORIDA.
SUBJECT TO AND AS SHOWN IN THE OVERLAP AREA AND BEING MORE P ARTICULARL Y
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST, THENCE RUN N89°42'05"E,
ALONG THE NORTH LINE OF THE SAID NORTHWEST QUARTER, A DISTANCE OF 1329.82 FEET, TO
THE NORTHEAST CORNER OF THE SAID NORTHWEST 1/4: THENCE RUN SOOoI3'04"W, ALONG THE
EAST LINE OF THE SAID NORTHWEST QUARTER, A DISTANCE OF 46.50 FEET, TO THE SOUTH RIGHT
OF-WAY LINE OF ORANGE AVENUE (STATE ROAD 68) AND THE POINT OF BEGINNING:
THENCE CONTINUE SOOoI3'04"W, A DISTANCE OF 615.18 FEET, TO A 1/2" IRON ROD WITH A
CAP STAMPED RLS 2391; THENCE RUN S89°43'10"W, A DISTANCE OF 13.07 FEET, TO A
POINT THAT IS S 00022'23''W, A DISTANCE OF 7.92 FEET FROM A 5/8 INCH IRON ROD, TO A 1/2"
IRON ROD WITH A CAP STAMPED RLS 2391: THENCE RUN NOOo22'23"E, A DISTANCE OF
615.19 FEET TO THE SAID SOUTH RIGHT-OF-WAY LINE OF ORANGE AVENUE AND A 1/2" IRON
ROD WITH A CAP STAMPED RLS 2391; THENCE RUN N89°42'05"E, A DIST ANCE OF 11.40
FEET TO THE POINT OF BEGINNING. CONTAINING 0.173 ACRES, MORE OR LESS, ALL
LYING AND BEING IN SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST. ST. LUCIE COUNTY,
FLORIDA.
SUBJECT PARCEL CONTAINING 67.18 ACRES, MORE OR LESS.
SURVEY NOTES
I.) NO SEARCH OF THE PUBLIC RECORDS WAS MADE BY THIS OFFICE.
'2.) BELOW GROUND UTILITIES AND/OR SUB-SURF ACE ENCROACHMENTS
WERE NOT LOCATED BY THIS OFFICE.
13.) THE SURVEY DATA HEREON WAS GATHERED USING BOTH CONVENTIONAL
I SURVEY METHODS OF TOTAL STATION MEASUREMENT. OPTICAL DIFFERENTIAL
I LEVELLING AND REAL TIME KINEMATIC (RTK) G.P.S. METHODS. VERTICAL CLOSURE
FOR ESTABLISHING GPS LOCALIZATION PARAMETERS WAS 0.04'.
/4.) ELEVATIONS HEREON ARE NAVD 88 DATUM BASED UPON THE FOLLOWING BENCHMARKS
, FURNISHED TO THIS OFFICE FROM THE SURVEY DEPARTMENT OF ST. LUCIE COUNTY.
I FLA. D.O.T. BM 94/94/A/08 94/94/A/05 5.2351 MTRS NAVD 88 (17.175 FEET NAVD 88)
ST. LUCIE COUNTY SURVEY DEPT.BM "TIM" 4.4571 MTRS NAVD 88 (14.623 FEET NAVD 88)
I ST. LUCIE COUNTY SURVEY DEPT. 8M "MATT" 4.6079 MTRS NAVD 88 (15.118 FEET NAVD 88)
1 THIS OFFICE FOUND CLOSURE THROUGH THE ABOVE BENCHMARKS AS 0.03 FEET AND DEEMED
THIS ACCEPT ABLE.
'15.) INTERIOR IMPROVEMENTS RELATIVE TO THE NURSERY a GROVE OPERATIONS, INCLUDING. BUT NOT
LIMITED TO: FENCES, BUILDINGS, PUMPS, BARNS OR SHEDS, WERE NOT LOCATED BY THIS OFFICE.
I PERIMETER BOUNDARY FENCES, IF ANY, ARE SHOWN HEREON.
16.) BEARINGS HEREON ARE BASED UPON AN ASSUMED BEARING OF N 89042'05" E, ALONG THE NORTH
LINE OF THE SOUTHEAST QUARTER OF SECTION 7/35/40, ALL BEARINGS ARE RELATIVE THERETO.
117,) THE SUBJECT PARCEL IS CURRENTLY UNDER TOPOGRAPHIC STUDY FOR BOTH ONSITE AND OFFSITE
FEATURES AND IMPROVEMENTS. THESE FEATURES AND IMPROVEMENTS SHALL BE ADDED TO THIS
I DRAWING AS ADDITIONAL SHEETS AS THE DATA IS PROCESSED BY THIS OFFICE.
18,) BEARINGS AND DISTANCES HEREON ARE CALCULATED UNLESS OTHERWISE SHOWN.
'9.) BASED ON TITLE POLICY FILE -# 24-04-462-M, DA TED JAN. II, 2004 AS PREPARED BY GUNSTER,
YOAKLEY AND STEWART, PA. EASEMENTS WHICH AFFECT THE SUBJECì PARCEL I!RE SHOWN HEREON.
110.) SECTIONAL BREAKDOWN LINES AS PER AD JOINER LEGAL DESCRIPTIONS AS FURNISHED TO THIS OFFICE.
ARE HEREON NOTED WITH AN ASTERISK THUS "*" <~--_~
: SIGNA TURE DATED: c:::y,=, / = Co /0 S <--:-C-~~~:~-=-~
I DA TE OF LAST FIELD WORK: D'2.. / zc;" / = 1-é~Qt0 p.a..~y J
: NOT VALID WITHOUT THE SIGNA TURE AND RAISED SEAL OF THE SURVEYOR ABOVE
I Landmark Surveying 8s Mapping
I 1850 Forest Hill Boulevard
I Suite 100 West Palm Beach, Florida
L Phone (561) 433-5405 Fax. (561) 439-3882
~
~
FIELD JTG FIELD BOOK SCALE SHEET NO.
1"=100'
CHECKED J T G PAGE I OF I
DATE
DRAWN 2622TREE.DWG 3/2/04
JTG/KDR
PROJECT:
FILE NO. LB# 4396
FILE NO.
TREE SURVEY FOR
WHISPERING OAKS
SECTION 7/35/40
2622
I
I
OCA TlONS (IDENTIFIED AS ". ")
LAN
1
1 - 13
HITECTURAL
VEYOR:
ark Surveying & Mapping
Forest Hill Boulevard
100
Palm Beach, FL 33406
433-5405
SCAPE ARCHITECT:
. Schmidt & Associates
outhern Boulevard
200
Palm Beach, FL 33405
659-6670
8ecelved By
FEB 2 2 2006
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Agenda Request
Item Number
Date:
58
3/21/06
Consent
Regular
Public Hearing
Leg. [ ]
[ ]
[ ]
[X]
Quasi-JD [X]
To:
Submitted By:
Board of County Commissioners
G~
Growth Management Director
Consider Resolution 06-051 granting Paparone Homes of Florida Inc. Final
Planned Unit Development Site Plan Approval for the Residential project known
as Sunnyland Farms PUD and a Change in Zoning from the AG-1 (Agricultural
- 1 du/ac) Zoning District to the PUD (Planned Unit Development - Sunnyland
Farms) Zoning District. (File No. PUD-05-028/RZ-04-034).
The proposed Final Site Development Plan is in substantial conformity with the
approved Preliminary Site Plan as required under Section 11.02.05(B) of the
County's Land Development Code. Sunnyland Farms PUD consists of 229
acres to be developed with 458 single-family homes and an overall density of
1.99 dwelling units per acre. The project proposes moderate density in a
suitable area and provides several public benefits, including the construction of
several public roadways and the dedication of lands to the School District for the
construction of a new school for Kindergarten through 9th grade.
Growth Management Department
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
Resolution 05-353 granting Preliminary PUD approval for this project contains a
condition that requires the applicant to enter into an agreement with the County
that addresses certain roadway improvements prior to receiving Final PUD
approval. The required agreement is scheduled for your consideration under
Agenda Item NO.7 of the Regular Agenda.
N/A
On September 15, 2005, the Planning and Zoning Commission recommended
by a vote of 6-2, that the Board of County Commissioners approve the
application of Paparone Homes of Florida Inc.
RECOMMENDATION:
On November 8, 2005, this Board approved Resolution No. 05-353 granting
Paparone Homes of Florida, Inc. Preliminary PUD approval.
Adopt Resolution 06-051 granting Paparone Homes of Florida Inc. Final
Planned Unit Development Site Plan Approval for the Residential project known
as Sunnyland Farms PUD and a Change in Zoning from the AG-1 (Agricultural
- 1 du/ac) Zoning District to the PUD (Planned Unit Development - Sunnyland
Farms) Zoning District.
COMMISSION ACTION:
~ APPROVED Motion to delete "and upland
r-I habitat acres" from page 7 line 42,
L--J OTHER and to add "Sunnyland" before
Approved 5~O "these" and after "site" on line 48.
CONCURRENCE:
County Attorney
Originating Dept.:
Finance:
/J.
(6
I--
Coordination! Signatures
Mgt. & Budget:
Cultural Affairs:
Purchasing:
Other:
~ ,
GROWTH MANAGEMENT DEPARTMENT
Administration
MEMORANDUM
TO: Board of County Commissioners
FROM: Bob Nix, Growth Management Director
DATE: March 15, 2006
SUBJECT: Consider Resolution 06-051 granting Paparone Homes of Florida Inc. Final
Planned Unit Development Site Plan approval for the Residential project known
as Sunnyland Farms PUD and a Change in Zoning from the AG-1 (Agricultural-
1 du/ac) Zoning District to the PUD (Planned Unit Development - Sunnyland
Farms) Zoning District (File PUD-05-028/RZ-04-034).
On November 8, 2005, this Board approved Resolution 05-353 (See Attached) granting
Preliminary Development Plan approval to the Sunnyland Farms residential project. Resolution
05-353 contained several conditions to ensure the required infrastructure improvements would
be provided, the natural environment protected and the School Board needs met. Prior to Final
PUD approval, Resolution 05-353 requires that the applicant enter into an agreement with the
County to provide certain roadway improvements. The required agreement between the
applicant and the County is scheduled for the Commissions consideration as Item Number 7 on
the Regular Agenda.
Several requirements of the Road Contribution and Construction Agreement, and Resolution
05-353, have been incorporated in proposed Resolution 06-051 as conditions of approval for
this project. The improvements to be provided by this project include:
· Construction of Sunnyland Drive and dedication of right-of-way to St. Lucie County
· Construction of Laidback Way (Emerson Avenue)
· Construction of Old FFA Road to the south line of Canal No. 43.
· Design Permit and Provide Cost Estimates for Orange Avenue and Kings Highway
Intersection Improvements, (based upon the ultimate 4 lane sections for Kings Highway)
· Conduction of a signal warrant study at the Orange Avenue and Rock Road intersection,
construction of the signalization improvements, if warranted.
· Donation of up to 10 acres to the St. Lucie County School Board for a new K-9 school
site.
Staff has determined that the Final PUD site plan is in substantial conformity with the approved
Preliminary Site Plan. The project continues to consist of a 458 unit single family community to
be located on 229 acres, with an overall density of 1.99 dwelling units per acre. The primary
change to the project's site plan is the inclusion of a Phase III that is being proposed to address
the School Board needs for a new school in the area. Because the exact configuration and size
of the lands required for the future school are not known the subject Resolution provides for the
"- ,}
March 15, 2006
Page 2
Subject: Paparone Homes of Florida Inc.
Sunnyland Farms Final PUD
dedication of up to 10 acres within Phase III of this project. Condition Number 6 within
Resolution 06-051 addresses this issue.
The Final Site Plan continues to preserve 35.20 acres (35.20%) of the native upland habitat and
all wetlands (12.53 acres), and maintains a total of 102.92 acres (44.93%) in open space. If the
maximum 10 acres are ultimately donated to the School Board the percentage of preserve and
open space lands will be reduced; however, the project will continue to provide at least 92.92
acres (40.56%) of the project as open space. The exact acres of upland habitat preserve cannot
be estimated until the final boundary of the school site is determined. Condition Number 6 under
Section C of the proposed Resolution addresses this issue. If all 10 acres reduced the native
upland habitat acreage, 25.2 acres (25.2%) of native upland habitat would continue to be
provided after the donation. The Environmental Resource Department will be providing a memo
addressing the native habitat issue prior to Tuesday's meeting.
CONCLUSION
Staff has determined that this petition conforms to the standards of review as set forth in Section
11.06.03 and Section 11.02.05(B) of the St. Lucie County Land Development Code and the
petition is not in conflict with the goals, objectives, and policies of the St. Lucie County
Comprehensive Plan. The Sunnyland Farms Preliminary Planned Unit Development would
allow compatible residential development within the urban service area while preserving
significant clusters of natural areas and providing public roadway connections and lands for a
future school site that benefit the general public.
Staff recommends the Board of County Commissioners approve Resolution 06-051 granting
Paparone Homes of Florida Inc. Final Planned Unit Development Site Plan approval for the
Residential project known as Sunnyland Farms PUD and a Change in Zoning from the AG-1
(Agricultural - 1 du/ac) Zoning District to the PUD (Planned Unit Development - Sunnyland
Farms) Zoning District.
If you have any questions regarding this petition please let us know.
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4. A petition of Paparone Homes of Florida, Inc., for a Change in the Zoning
Designation from AG-1 (Agricultural - 1 unit per gross acre) to PUD
(Planned Unit Development - Sunnyland Farms) Zoning District and
Final Development Plan Approval
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Revised March 16, 2006
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Map prepared February 15, 2006
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BOARD OF
COUNTY
COMMISSIONERS
March 7, 2006
~.. ·=r····<·.>~····eJ·· ·e·····J·····E·<··'····· .....".....
COUNTY \.
FLORIDA ,,-,'
GROWTH
MANAGEMENT
In accordance with the St. Lucie County Land Development Code, you are hereby advised that Paparone
Homes of Florida, Inc. has petitioned St. Lucie County for a Change in Zoning from the AG - I
(Agricultural - 1 dulacre) Zoning District and Final Planned Development Site Plan Approval for the
following described property:
Location: East side of Old FF A Road, approximately 1/2 mile south of Angle Road.
THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST
The second public hearing on the petition will be held at 6:00 P.M., or as soon thereafter as possible, on
March 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 S1. Lucie
County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462-
1777 or T.D.D. (772) 462-1428.
If you no longer own property adjacent to the above-described parcel, please forward this notice to the new
owner. Please call (772) 462-2822 if you have any questions, and refer to: File Number: PUD 04-030.
Sincerely,
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
':0o~ (.c~~ @!D
Doug Coward, Chairman
JOSE~H E. SMITH, District No.1. DOUG COWARD, Disttict No.2. PAULA A. LEWIS, District No. J . FRANNIE HUTCHINSON. District NO.4· CHRIS CRAFT, District No.5
County Administrator - Douglas M. Anderson
2300 Virginia Avenue · Fort Pierce, FL 34982-5652
Administration: (772) 462-1590 . Planning: (772) 462-2822 · GISfTechnical Services: (772) 462-1553
Economic Development: (772) 462-1550 · Fax: (772) 462-1581
Tourist Development: (772) 462-1529 · Fax: (772) 462-2132
www.co.st-Iucie.fl.us
7.01.00
PLANNED UNIT DEVELOPMENT
7.01.01
PURPOSE
The Planned Unit Development (PUD) District is intended to achieve residential land development of
supeñor quality through the encouragement. of flexibility and creativity in design options that:
A. permit creative approaches 10 the development of residential land reflecting changes in the
technology of land development; . "
B. allow for the efficient use of land, which can result in smaller networks of utilities and streets and
thereby lower development costs;
c. allow design options that encourage an environment of stable character, compatible with sur-
rounding land uses; and
D. permit the enhancement of neighborhoods through the preservation of natural features, the pro-
vision of underground utilities, and the provision of recreation areas and open space.
7.01.02 AUTHORIZED USES
A. PERMITTED USES
Any permitted, conditional or accessory use in the Agricultural-1 (AG-1); Agricultural-2.5 (AG-2.5);
Agricultural-5 (AG-5); ResidentiaVConservation in the Agricultural-1 "(AG-1); Agricultural-2.5 (AG",
2.5); Agricultural-5 (AG-5); ResidentiaVConservation (RC); Residential, Estate-1 (RE-1); Residential,
Estate-2 (RE-2); Residential, Single-Family-2 (RS-2); Residential, Single-Family-3" (RS-3);
Residential, Single-Family-4 (RS-4); Residential, Multiple-Family-5· (RM-5); Residential, Mobile
Home-5 (RMH-5); Residential, Multiple-Family-7 (RM-7); Residential, Multiple-Family-9 (RM-9);
Residential, Multiple-Family-11 (RM-11); and Residential, Multiple-Family-15 (RM-15) zoning
districts of this Code may be permitted in a Planned Unit Development District su.bject to complying
with the residential densities described in Section 7.01.03(6).
B. NONRESIDENTIAL DEVELOPMENT USES
Uses of the types permitted in the Commercial, Neighborhood (CN) District are also permitted up
to an amount not to exceed three (3) percent of the gross area of the Planned Unit Development
or ten (10) acres, whichever is less. In addition, playgrounds, public and non-public parks, golf
courses, country clubs, bicycle paths: racquet sports !acilities, riding st~btes, marinas, clubhouses,
and lodges may be pennitted in a Planned Unit Development District. .
7.01.03
STANDARDS AND REQUIREMENTS
Standards and requirements for a Planned Unit Development shall be as follows:
A. MINIMUM SIZE
A Planned Unit Development shall be a minimum of five (5) contiguous acres of land under common
ownership or control.
B. DENSITY
SI. Lucie COWIIy Land Dewlopmenl Code
AdgpIed Augusl 1,1990
7-3
Revised Through 05115104
.
The maximum possible permitted density of a Planned Unit Development shall not exceed the
density reflected in the Future Land Use Maps of the Comprehensive Plan. On North and South
Hutchinson Island. the provisions of Section 3.01 ;03(M)(8) shall !;)overn.
C. AREA. YARD. AND HEIGHT REaUIRE~ENTS
Area. yard. and height requirements shall be determined at the time of Preliminary and Final
Development Plan approval. except that for any structuré on North or South Hutchinson Island that
has not been occupi.ed. constructed. or has not received a building permit, site plan or other County
develoi>m~nt approval as a permitted use prior to January 10. 1995 the requirements of Section
4.01.00. Hutchinson Island - Building Height Overlay Zone shall apply.
.D~ PUBLIC FACILITIES
1. The Planned Unit Development shall be designed arid located so there will be no net public
. cost for the provision of water lines, sewage lines, storm and surface drainage systems, and
, other utility systems. . . : .
2. The minimum size of all water mains used. or' intended for use. In fire protection activities
is six (6·) inches. Actual water main requirements will be determined by the 51. Lucie
County-Ft. Pierce Fire Prevention Bureau. .
3. The minimum size of all water mains used, or ÍlitÈmded for use. in fire protection activities,
that are iocated on a dead~end water main is eight (8·) inches. Actual water main
requirements will be determined by the St. Lucie County-Ft. Pierce Fire Prevention Bureau.
The maximum number of fjre hydrants that may be located on any dead end water main is
one (1).
4. Fire hydrants shall be provided at a r.ninimum spacing of one every six hundred (600) feet
unless otherwise approved by the St. Lucie County-Ft. Pierce Fire Prevention Bureau.
E. TRAFFIC AND PEDESTRIAN CIRCULATION
1. Every dwelling unit. or other use permitted in the Planned Unit Development ~ha" have
access to a public street either directly or through an approved private road. a pedestrian
way. or other area dedicated to public or private ùse.
2. . Principal vehicular aécess points shall be designed to permit sm'ooth traffic flow with
controlled turning movement and minimum hazards to vehicular or pedestrian traffic. Minor
sfreets within the Planned Unit Developm'ent shall not be connected to streets outside the
development so as to encourage their use by through tr~ffic.
3. The proposed Planned Unit Development shall be designed so that it will not create traffic
congestion on the arterial and collector roads surrounding'the project, or such surrounding
colieclor or. arterial roads shall be impr~ved so that they will not be adversely affected.
4. All non-reSidential land uses within' the Planned Unit Development shall have direct access
to a collector or arterial street without creating traffic hazards or congestion on any street. .
Sl LuI:Ie CoI.nIy Land Development Code
AdapIId Augusl1. 1990
7-4
Re'vised Th'ough 05115104
.
. ·5. Streets in a Planned Unit Dev~lopment may be dedicated to'public use or·retained under
private ownership. Said stre~ts and associated improvements shall comply with all
pertinent County regulations and ordinances, however, variations to the standard minimum
right-of-way Widths may be considered as part of the Planned Unit Development if it is
. shown to the satisfaction of the Board of County Commissioners. that the requested
variation is consistent with the intent of the County's roadway construction standards and
necessaty f9l' .the design of .the Planned Unit Development .
All roads 'and streets shali intersect at an approximate :t5°·angle of ninety degrees (90°)
unless circumstances ·acc~ptable to St. Lucie County inØicate a need for a lesser angle of
intersection. . .
. .
6.
7.
,.
..
,.'
. ..
:'. .".
Street jogs or centerline offsets between any local street or road with another loCal streét
:. or: ~oad, ~hall.be no 18SS than one hundred fifty feet. (150). .
. . .. .
8. The intersedion of any two loca"l röads or streets with a Major Collector or Arterial Roadway
shall b~ separated by a minimum distance of six hundred sixty feet (660), as measured
. ·from centerline to centerline..
9.
P~rmanent dead-end streets shall not exceed .one thousand feet ·(1000) in length.
Cul-de-sacs shall be provided at the end of all dead end roads or streets greater than five
. hundred and one (501) feet in length. The length of a dead-end street shall be measured
~Iong the centerline of the street from the its paint of perpendicular intersection with the
centerline of intersecting street to the end of the dead-end street or roadway. All
cul-de-sacs shall have a minimum right-of-way diameter of one hundrec;j: (~OO)feet. .
If the dead end roadway is five hundred (500) feet or less in length, a ·V- or -T- type of turn
around may be approved.
If a dead end street i~ temporary in nature then a tempo~ary cul~de-sac shall be required
until the roadway is connected to another street or road.
10.
In the center of the cul-de-sac an unpaved island, surrounded by a cUrb, improved with
gras~and I~ndscaping that will ~t interfere with sight distance, may be provided. Center
islands shall have a diameter ,of not less than seventeen (17) ieet, ':In less otherwise
approved through the review of the Planned Unit Development.· - . .
All. roadways.. excl\.lsiye of interior parking. and access ~isl.esareas, regardless of
. ownership, shall beloÇated a minimum often·(1~)feet ftom.al)y.exteripr building walls.
except for security gate houses .or similar security stru~tures locatëd. in" a private street or
road right-of-way. .
Any pedestri~. circulation system and lis related walkways shall. be insulated from the
. vehicular stréet system. This shall include, when deemed to be necesSary by the Board of
. County. Commissioners, pedestrian underpasses qr overpassès in the vicinity of
playgrounds and other recreation areas. local shopping areas, and other neighborhood
uses. whid) generate a considerable .amount of pedestrian traf'ic.:
11.
. ..... c:.my Land o....IopmenI Code
~AugusI.1; 1990 .
7-5
Revised TJw'ôUi¡h 05f15104
.
12: 'Access points on all collector or arteriar streets serving a Planned Unit Development shall
be located and spaced so that traffic moving into and out of the arterial streets do not causa
traffic congestion.
F. PARKING AND LOADING
1. General Provisions
a. The number, type, and location of parking Š'paces shall be determined at the time
of final Planned Unit Development plan approval. The determination 01 the number
, ÖI spaCes required shall bè based on Section 7.06.01 (F) 01 this Code. The number
01 parking spaces required by this section may be reduced based on substantial
competent evidence that the reduced number 01 spaces is adequate for the
'proposed use or that parking may be shared by proximate uses that operate at
different times or on different days.
. b.' Reserved parking spaces may be provided, in lieu of paved spaces, subject to
Section 7.06.02(C) of this Code.
2. Off Street Parking and Loading
. Off.street parking and loading requirements are governed by Sections 7.06.02 and 7.06.03
. of this Code, and the following standards:
a. Off-street parking and loading areas shall be designed to provide travelways
between adjacent uses while discouraging through traffic.
b. Off.;street parking and loading areas shall be screened from adjacent roads and
\pedestrian walkways with hedges, deri~eplanting, or changes in grad~s or walls.
3. On $t~eèt Parking
In Planned Unit Developments, on street parking may be used so long 'as the road on which
the òn~street parking is proposed lies entirely within the limits 01 the defined Planned Unit
. DeveloPment and such parking would 'not contravene any other provision of this Code or
the· St. Lucie County Code of Ordinances. Where suCh on street parking and ioading is
Used, it shall be consistent with the following design .standards: - .
a. The minimum size of a parking stall shall be as follows:
parallel
àngled'
" .. . . handicapped(parallel)
·1 '. handicapped(angled)
8 feet X 23 feet
. 10 feet X '18 feet
12 feet X23 feet
12 feet X 18 feet
.:." 1
. ,
b. : , 'Händicapped parking spaces shall be appropriately marked.
.',
to,.
c.
Access for emergency fire vehicles shall be in'accordance with NFPA standards.
Sllude County landDwelopmenl Code
AdòpliðÃugusI 1. "990
7-6
RøYised Through 05/1S'IM
d.. No more than fifteen (15) parking spaces sh.all be permitted ina continuous row
w,thout being interrupted by a minimum land~pe ~rea of 36Ó square feet.
G. LIGHTING
All lighting facilities shall be arranged in such a manner so as to prevent direct glare or hazardous
interference of any kind to adjoining streets or properties:
H. LANDSCAPING AND,NATURAL FEATURES
.. .' ~ 7r
1.: .Native .trees and vegetation and other natural featuressh~1I bØ preserved to the extent
practic~le.
.. . .~ . . "
2. All sensÎtive environr.nental.vegetation, trees and areas.shall.,~.~ 'preserved to the extent
practicable. ., . . . ,
. 3. Landscaping fÇ>r off-s\reet parking a"d loading area$ sballme~t the minimum requirements
of Section 7.09.00.
.1. OPEN SPACE STANDARDS
1. A Planned Vnit Development that is proposed .inany Reçi~el1tia'! .<:;onservation, Special
District or Mixed Use Future Land Use Category shall conform to the following open space
standards:
A minimum. of ·thirty-five (35) percent of the gross area ò~ land to þe committed to
a Planned Unit Development must ~ for use as common open space, which may
. include, parks, recreation areas. bicycle and peØest~ian paths and facilities,
marinas, swimming beaches, common open space, common landscaping and
planting areas, or other areas of public purposes or use other than street, road or
drainage rights-of-way, above ground utilities, excluding stormwater t~eatment
facilities, and parking areas.
a
. ,
:' : "f ~
'. A minimum of 15 percent of a"y existing native uplf;ind tiabît~t on the property must
be preser:vedin· its ·natural condition as part' of the' required ,3.5 percent common
open space. For each acre of. preserved native habita..:above the required
minimum 15 perc~nt that is preserved in its origina~ state,.credit shall be given at
a rate of 150 percent per acre towards the remaining common open space
requirem~nt.. . '.
All ~ròeas to be dedicated for common open space shall be identified as part of the.
Preliminary Development Plan for the Planned Unit Development. Areas that are·
floodways. lakes. wetlands, and storm~ater retention areas may be applied to
satisfy the total common open space requirement, 's!Jbjecl to the requirement that
15% of any existing native"habitat on the propertY must be included as part of the
required :3~% common.open space. . As part 0," ,the Final Planned Unit
D~velopment submission process. the developer or petitioner for the Planned Unit
Development shall provide for one of the following:
. . .'-' ....
Sl Lude CovIIy Land Dftlolopmenl Co*
MopI8d AugU5t 1. 1990·
7-7
~~.~~
1. The advance dedication of all common open space to a public, or
acceptable private, agency that will, upon acceptance, agree to maintain
the common open space and any buildings, structures or improvements
that have been placed on it. All such dedications or conveyances shall be
completed prior to the issuance of any building permits, including land
clearing, for any portion of the Planned Unit Development ;or,
2. A phased'conveyance of the land to a public or acceptable private agency·
that will, upon acceptance, agree to maintain the common open space and
any buildings, structures or improvements that have been placed on it. The
schedule fOf the phased conveyance of any such lands to be used for
common open space shall be a specific condition of approval for the
Planned Unit Development.
b. No pafcelof land identified fOf use as a park or common open space, shall be less
than one (1) contiguous acre, and all such areas shall be physically part of the
Planned Unit Development.
c. Areas provided or reserved to meet any other environmental preservation or
protection requirement of this code or other lawful regulatory authority may be
counted towards the overall common open space requirement, provided that the
common open space meets the requirements of this Code.
2. A Planned Unit Development that is proposed in any Agricultural Future land Use Category
shall conform to the following open space standards:
, a.
."
"
For any Planned Unit Development, equal to or less than 160 acres in gross area
and involving eight (8) or less lots or parcels, a minimum of 50% of the gross land
area to be committed to the planned unit development must be for use as open
space, of which 35% of the gross land area is to be retained as common open
space. For the purpose of this paragraph, open space, in an agricultural PUD,
including the required common open space, may include, parks, bicycle and
pedestrian paths and facilities, marinas, swimming beaches, common recreation
areas, common open space, common landscaping and planting areas, pastures
and productive agricultural areas which may be held in either common interest,
individual interest, or other areas of public purpose or use other than street, road·'
. or drainage rights-of-way. common parking areas and above ground utilities,
excluding stormwater treatment facilities. . .
For any Planned Unit Development, greater 160 acres in gross area or eight (8)
divisions, a minimum of 80% of the gross land area to be commiUed to the planned
unit development must be for use as open space, of which a minimum of 35% of
the gross land area is to be retained' as common open space which may include.
parks. recreation areas, bicycle and pedestrian paths and facilities, marinas, swim-
ming beaches, common open space, common landscaping and planting areas, ,or
other areas of public purpose or use other than street. road or drainage
rights-oJ-way, above ground utIlities, exCluding stormwater treatment facilities, and
parking areas.
.. ...... c..If WIll Dw..lopmen! Code
MIII*'~ 1.1_
7.8
Rwlsed Through 05115104
b. A minimum of fifty (50) percent of any existing native upland habitat on the
property, must be preserved in its natural condition as part of the required operi
space.' For each acre of preserved native habitat above the required minimum 50
percent that is preserved in its original state, credit shall be given at a rateo' 150
percent per acre t9wards the remaining open space requirement.
c. All areas to be dedicated for bpen space . shall be· identified as part of the
Preliminary Development Plan for the Planned Unit Development. Areas that are
floodways, lakés, wetlands, and stormwater retention areas maý be applied to
satisfy the total open space requirement, subject to the requirement that 50% of
any existing native habitat on the property must be included as part of the required '.
80% open space. As part 0' the Final Planned Unit Development submission
process, the developer or pe~itioner for the Planned Unit Development shall
provide ffr one of the following:
1. The advance dedication 0' all open space to a public, or acceptable
private, agency that will, upon acceptance, agree to maintain the open'
space and any buildings, structures or improvements that have been
plated on it~ All such dedications or conveyances shall be completed prior
to the issuance of any building. permits, including land clearing, for any
portion öf the Planned Unit Development; or,
2. A phased conveyance of the land to'a public or acceptable private agency
.. ihat will, upon acceptance,. agree to maintain the open space and any
buildings, structures or improvements that have been placed on it. The
schedule for the phased conveyance of any such lands t9 be used for open'
space shall be a specific condition of approval for the Planned Unit
Development; or,
'3. The identification of restrictive easement or plat dedication that would
serve to creåte a perpetual cònservation or use restriction easement over
those portions 0' the properties that are to be kept as open space meeting
Ihe requirements of this section
d. .
No parcel of land identifiedfóruse as'a open space shall be less than one (1)
contigOous acre, and all such areas shall be physically part of the Planned Unit
Development.
. .
,',
e.
Areas provided or reserved to 'meet any other environmental preservation or
protection requirement of this code or other lawful reg!Jlatory authority may be
counted towards the overall open space requirement, provided that the þpen
space meets the requirements of this Code.
J. . SETBACKS FROM AGRICUL TUAAL LAND
Planned Unit Developments adjacent. to land used for agricultural purposes, or designated for ..
agricultural use on the Future Land Use Map of the St. Lucie County 'Comprehensive Plan, shall
.... provide 'setbacks from the agriculturallaÌ1d sufficient to protect the function and operation of those
.... uses from the encroachment of Urban activities or uses. .
a LucIe ~ Land Developmer1l Code
,.,.. August " 1990
7-9
. .. I
RIJYIs8cI Through 05115104
I(; CLUSTERING OF DEVELOPMENT
·Planned Unit Developments In all Future land Use Categories are'~equired to design the project
ina clustered manner.
Planned Unit Developments in the A~sidential. Conservation, Special District or Mixed Use Future'
. Land Use Categories are required to design the project in a clustered manner that will reduce the
cost of required infrastructure,. provide for large intergrated common open space areas, and provide
for reduced long term maintenance costs for the community.
In the Agricultural land Use Cat~gories clustered development is 'intended to reduce the cost of
required public infrastructure.
'...
L PHASING
. 1.~ A Planned Unit Development maybe developed in more than one stage or phase.
. . . . . .
. 2. If a Final Development Site Plan approved by th~ Board of County Commissioners is to be
developed in stages or phases, each successive phase shall be ~onstructed and developed
in a reasonably continuous fashion. No more ttlan two (2) years shall elapse between the
completion of any stage or phase, and the final stage .or phase shall be completed within
ten (10) years of the date of Final Development Site Plan approval. Extensions of the
above requirements are subject to approval by.the Board of County Commissioners.
Unless otherwise amended by the Board of County .Commissioners through the Final
Development Site Plan-review process, the following sequence of development must be
, adhered to:
a. One or more major recreation facilities ant1 other major amenities, planned to serve
the entire development, shall be completed or adequate security posted prior to the
issuance of building or mobile home permits.of more than forty (40) percent, or
. other percentage' as determined by the Board to be appropriate based on
circumstances that include the size of the project and the proposed phasing
schedule, of the total number of authQrized. dwelling units. Recreation facilities or
facilities and other amenities planned to serve one (1) phase of a multi-phàsed
development shall·be completed or appropriate·security posted prior to issuance
of building or mobile. home. permits or the recording of any final plat within th~t
phase. .'
b. ,No commercial facility shall be permiUed prior to the completion of at least forty (40)
'percent of the total number 0' authorized dwelling units; and,
c. For Planned Unit Developm~nts to be constr~ctedin stages or phases, the net
density of an individual stage or phase may vary from the approved Final Site Plan
subject to the requirements in Section 11.02.05. .
M. . .:. SIGNS
, ....'
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... ." 1. Signs within any· Planned Unit Development. less than or eqùal to 200 acre~ in overall area,
shall comply with the provisions of Chapter 9 of this code, provided howeyer, that the Board
.. ..... Ccu1Iy Land Devllopmerot Code
~Augusl1. 1990
7-10
. "~.' . .
A MsednWOugh Ô5f15iD4
of County Commissioners may condition approval of a Planned Unit Development upon
compliance with more stringent sign regulations in order to ensure 'design consistency
throughout the proposed development, to ensure compatibility with surrounding land uses,
to ensure public safety and prevent public harm, and to ensure compliance with the St.
Lucie CountÿComprehensive Plan.
2.
Signs within any Planned Unit Development, greater than 200 acres in overall area may
submit a general signage· plan for the Pianned Unit Development, as part of the Final
Planned Unit Development Plan submissions. The general signage plan shall be based on
the general dimension and size standards applicable to other similarly designated
residential property; provided, however, that the Board of County Commissioners may
condition approval of a Planned Unit Development upon compliance with more stringent
sign regulations in order to ensure design consistency throughout the proposed
development, to ensure compatibility with surrounding land uses, to ensure public safety
and prevent public harm, and to ensure compliance with Ihe St. Lucie County
Comprehensive Plan.
.,
--::.'
.-...... . .. ...-..... ..
...... c..tr Land Drlelopmenl Code
~"".'1!1O .
7- 11
À.vis;';'~ Q!ii15104
: 3.01.03
A.
ZONING DISTRICTS
AG-1
AGRICULTURAL - 1
1. Purpose
The purpose of this district is to provide and protect an envirônment suitable for productive
commercial agriculture, together with, such other uses as may ~e.necessary to and compatible with·
productive agricultural surroundings. Res!d.ential densities are'restr~ed to a maximum of one (1)
dwelling unit per gross acre. The number in ·0· following each idenlÍfiep 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.
b.
c.
d.
9.
Agricultural production - crops (01)
Agricultural production - livestock & animal specialties (02)
Agricultural services 107)
Family day c~re homes. (999) .' ... . ..
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 residenti~1 home and provided
that the sponsoring agency or Department of Health and Rehabilitative Services (HRS)
notifies the Boar.d of C9un.tY Commissioners at the time of home occ~n)ancy that the home
is licensed by HRS. (009) ..
Fishing, hunting & trapping (09)
Forestry 108)
Kennels. (0752)
Research Facilities, Noncommercial 18733)
Riding stables. (7999) .
. Single-family detached dwellings. (999)
. .
f.
g.
h.
i.
j.
k.
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 and loading· Requirements
Off-street parking and loading requirements are subject to Section 7.06.00.
6. landscaping Requirements
landscaping requirements are subject to Section 7.09.00.
7. Conditional Uses
a. Agricultural labor housing. (999)
b. Aircraft storage and equipment maintenance. (4581)
c. Airports and flying, landing, and takeoff fields. 14581)
SL Lucie County Land Developmeri Code
AdopIed AugUst 1. 1990
'.,;:.'
3-5
ReviSed Through œnsJø4
d. Family residential homes located within a radius of one thousand (1.000) feet of another
such family residential home. (999)
e. Farm products warehousing and storage. (4221/4222)
1. Gasoline service sta.ions. (5541)
g. Industrial wastewater disposal. (999)
h. Manufacturing:
(1) Agric.ultural chemicals (287)
(2) . FoOd & kindred products (20)
(3) Lumber & wood products, except furniture (24)
Î. Mining and quarrying of nonrrietalic minerals, except fuels. ('4)
j. Retail trade:
(1) Farm equipment and related accessories. (999)
(2) Apparel & accessory stores. (56)
k. Sewage disposal subject to the requirements of Section 7.10.13. (999)
I. Telecommunication Towers - subject to the standards of Section 7.10.23 (999)
m. Camps - sporting and recreational. (7032) .
8. Acce~sory Uses
Accessory .u~es are. subject to the requirements of Section 8.00.00, :and include the following:
a. Mobile homes subject to the reqÙirements of Section 7.10.05. .
b. Retail trade and wholesale trade - subordinate to the· primary authorized use or activiiy.
c. Guest house subject to the requirements of Section 7.10.04. (999)
"'
$I. lucie CowIIy Land Døvelopmetll Code
~Augusl1. 1990
3-6
. ; nø:,,¡s8íf ~bugh 05f1SJ04
GROWTH MANAGEMENT DEPARTMENT
Planning Division
MEMORANDUM
TO:
Board of County Commissioners
FROM:
Diana Waite, Senior Planner
DATE:
March 15, 2006
SUBJECT:
Paparone Homes of Florida Inc. - Transmittal Checklist
The application and associated documents submitted for the above subject project were
transmitted to the following Departments, Divisions, and Agencies. All comments received on
the project have been incorporated into the staff report leading to the final recommendation.
Primary Distribution
Environmental Resources Department
Public Works Department
Surveyor
Road, Bridge, & Transportation
Drainage
Engineering
County Attorney's Office
Property Acquisition
Sheriff's Office
St Lucie County Fire District
St. Lucie County School Board
Geographical Based Distribution
St Lucie County Utilities
City of Ft Pierce - Copy of the plans was transmitted on February 23,2006. No comments have
been received from the City on this project.
North St. Lucie Water Control District - Staff has received confirmation that the District has no
objections to this project.
1 RESOLUTION 06-051
2 File Number: PUD-oS-028 and RZ-04-034
3
4 A RESOLUTION GRANTING FINAL PLANNED UNIT
5 DEVELOPMENT SITE PLAN APPROVAL FOR THE
6 RESIDENTIAL PROJECT KNOWN AS SUNNYLAND FARMS
7 PUD AND A CHANGE IN ZONING FROM THE AG-1
8 (AGRICULTURAL, 1 DUlAC) ZONING DISTRICT TO THE PUD
9 (PLANNED UNIT DEVELOPMENT - SUNNYLAND FARMS)
10 ZONING DISTRICT FOR CERTAIN PROPERTY IN ST. LUCIE
11 COUNTY, FLORIDA
12
13 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
14 testimony and evidence, including but not limited to the staff report, has made the following
15 determinations:
16
17 CHANGE IN ZONING
18
19 1. Paparone Homes of Florida Inc., presented a petition for a change in zoning from
20 the AG-1 (AGRICULTURAL, 1 DUlAC) Zoning District to the PUD (PLANNED UNIT
21 DEVELOPMENT - SUNNYLAND FARMS) Zoning District for certain property in St.
22 Lucie County, Florida.
23
24 2. On September 15, 2005, the St. Lucie County Planning and Zoning Commission
25 held a public hearing on the petition of Paparone Homes of Florida Inc., for a
26 change in zoning from the AG-1 (AGRICULTURAL, 1 DUlAC) Zoning District to the
27 PUD (PLANNED UNIT DEVELOPMENT - SUNNYLAND FARMS) Zoning District,
28 after publishing a notice of such hearing in the Fort Pierce Tribune and notifying by
29 mail all property owners within 500 feet of the property boundaries and
30 recommended to this Board that the requested change in zoning be granted.
31
32 3. On March 21, 2006, this Board held a public hearing on the petition of Paparone
33 Homes of Florida Inc, for a change in zoning from the AG-1 (AGRICULTURAL, 1
34 DUlAC) Zoning District to the PUD (PLANNED UNIT DEVELOPMENT -
35 SUNNYLAND FARMS) Zoning District after publishing a notice of such hearing in
36 the Tribune and notifying by mail all owners of property within 500 feet of the
37 subject property and granted final approval to the property described below be
38 granted.
39
40 4. The proposed change in zoning is consistent with the goals, objectives, and policies of
41 the St. Lucie County Comprehensive Plan and has satisfied the requirements of
42 Section 11.06.03 of the St. Lucie County Land Development Code.
43
44
45 SITE PLAN
46
47 5. The petitioner is proposing the construction of a 458 unit residential project to be
48 located on lands along the west side of Laidback Way (formerly known as Emerson
March 21,2006
Page 1
Resolution No. 06-051
File No.: PUD-05-028 and RZ-04-034
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Avenue), approximately 'Y:z mile north of Orange Avenue, immediately north of the
Palm Breezes Club PUD, and as more particularly described in Part D Below.
6. The Development Review Committee has reviewed the Planned Unit Development
Site Plan for the proposed project and found it to meet minimum technical
requirements, subject to the conditions set forth in Part C of this Resolution.
7. On September 15, 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 to this Board that Preliminary Development Plan approval for the
project to be known as Sunnyland Farms - PUD, be granted.
8. On November 8, 2005, this Board held a public hearing on the petition of Paparone
Homes of Florida Inc., for Preliminary PUD approval after publishing a notice of
such hearing and notifying by mail all owners of property within 500 feet of the
subject property, and granted, through Resolution 05-353, Preliminary Planned Unit
Development Site Plan approval, subject to 13 special conditions, for the property
described in Part D below.
9. 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.
10. 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.
11. The proposed project will be constructed, arranged, and operated so as not to
interfere with the development and use of neighboring property, in accordance with
applicable district regulations.
12. All reasonable steps have been taken to minimiZe any adverse effect of the
proposed project on the immediate vicinity through building design, site design,
landscaping, and screening.
13. The proposed project will be served by adequate public facilities and services.
14. A Certificate of CaDacitv, was granted on November 2, 2005, subject to conditions
set forth in Resolution 05-353.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
St. Lucie County, Florida:
CHANGE IN ZONING
A. The proposed change in the Zoning District for that property described as follows:
March 21, 2006
Page 2
Resolution No. 06-051
File No.: PUD-05-028 and RZ-04-034
..
1 PARCEL 1:
2
3 THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP
4 35 SOUTH, RANGE 39 EAST, LYING EAST OF THE EAST RIGHT-OF-WAY
5 LINE OF THE SUNSHINE STATE PARKWAY; LESS AND EXCEPTING THE
6 NORTH 789.35 FEET THEREOF AND ALSO LESS AND EXCEPTING THE
7 CANAL AND ROAD RIGHTS-OF-WAY.
8
9 PARCEL 2:
10
11 THE SOUTHEAST X OF SECTION 3, TOWNSHIP 35 SOUTH, RANGE 39
12 EAST, LYING WEST OF THE EAST SECTION LINE, BY OCCUPATION, LESS
13 ALL CANAL RIGHTS-OF-WAY, ALL LYING AND BEING IN ST. LCUIE
14 COUNTY, FLORIDA.
15
16 Location: West side ot the Emerson Avenue right-ot-way, about 1.5 miles northwest
17 ot the Orange Avenue and Kings Highway Intersection.
18
19 Parcel I D# - 2303-411-001 0-0001 and 2303-313-0010-0000
20
21 owned by Sunnyland Farms LLC, is hereby changed from the AG-1 (Agricultural, 1
22 DUlAC) Zoning District to the PUD (Planned Unit Development - Sunnyland Farms)
23 Zoning District.
24
25
26 8. The St. Lucie County Growth Management Director is hereby authorized and directed
27 to cause the change to be made on the Official Zoning Map of St. Lucie County,
28 Florida, and to make notation of reference to the date of adoption of this resolution.
29
30
31 SITE PLAN
32
33
34 C. Pursuant to Section 11.02.05(8) of the St. Lucie County Land Development Code, the
35 Final Planned Unit Development Plan for the project to be known as Sunnyland
36 Farms - A Planned Unit Development be, and the same is hereby, approved as
37 shown on the site plan drawings for the project prepared by Thomas Lucido &
38 Associates, P.A. dated April 6, 2004, subsequently revised through February 24,
39 2006" and date stamped received by the St. Lucie County Growth Management
40 Director on March 3, 2006, subject to the following conditions:
41
42 1. The conditions of approval found in Resolution 05-353 are herby repealed and
43 amended as follows:
44
45 2. Prior to the recording of any Final Planned Unit Development approval for the
46 project, the applicant (aka Developer), successors, or assigns shall have
47 entered into an agreement with St. Lucie County to provide certain
48 improvements to roadways, including bike paths and sidewalks where feasible,
49 required to address this projects impacts on the County's roadway network.
50 The Agreement will include the details about specific cases where the
March 21, 2006
Page 3
Resolution No. 06-051
File No.: PUD-05-028 and RZ-04-034
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applicant can recover funds. The following include, but are not limited to the
improvements required to be addressed in the agreement:
a. Prior to the recording of the plat for Phase I of the project, the applicant,
successors, or assigns, shall either construct or post a bond for the
construction of paved improvements to Laidback Way (Emerson Avenue)
from Orange Avenue to Sunnyland Drive as a two-lane facility, including
the construction of both right and left turn lanes on Laidback Way at
Orange Avenue and a right and left turn lane on Laidback Way at
Sunnyland Drive. In the event the applicant, successors, or assigns,
elects to post a bond, the Developer shall enter into the County's
standard Subdivision Improvement Agreement, which will require
substantial completion of the Road Improvement within twelve (12)
months from the date of the Subdivision Improvement Agreement.
The Developer also shall post security for the estimated costs for the
realignment of the offset 50' right-of-way roadway section to be consistent
with the proposed 80' roadway section along Laidback Way. Said security
shall be in a form acceptable to the County Attorney and shall be posted
prior to the issuance of the first building permit for a dwelling unit, not
including models. In the event the County is able to obtain the deficient
right-of-way following construction of the Road Improvements by
Developer, the County may use the security posted by Developer to
construct the realignment, and Developer shall have no financial
obligations beyond the amount of the security. In the event that the other
undeveloped lands fronting the 50' right-of-way are proposed for
development following construction of Laidback Way by Developer, the
County will seek to require the developer(s) of such other undeveloped
lands to pay for the realignment costs described herein. If the County is
successful in requiring a commitment from others to bear the realignment
costs, the County shall then release Developer's posted security. Impact
fee credit shall be granted for the construction of these improvements,
pursuant to the County's Road Impact Fee Ordinance for non-site related
improvements.
b. Prior to recording the plat for Phase I of the project, the applicant,
successors, or assigns shall either construct or post a bond for the
construction of a two-lane facility known as Sunnyland Drive from
Laidback Way from the east through the development property west to a
point where Sunnyland Drive intersects with the phasing line for Phase III,
as shown on the project site plan, Right turn lanes shall be provided on
Sunny/and Drive at Champions Drive and Colts Run, and a right turn lane
shall be provided into the Recreation Parcel on Sunnyland Drive. In the
event the Developer elects to post a bond, the Developer shall enter into
the County's standard Subdivision Improvement Agreement, which will
require substantial completion of the Road Improvement within twelve
(12) months from the date of the Subdivision Improvement Agreement.
Impact fee credit shall be granted for the construction of these
March 21, 2006
Page 4
Resolution No. 06-051
File No.: PUD-05-028 and RZ-04-034
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improvements pursuant to the County's Road Impact Fee Ordinance for
non-site related improvements.
c. Upon the completion Sunnyland Drive, the applicant, successors, or
assigns, shall convey in manner and form acceptable to the St. Lucie
County Attorney, Sunnyland Drive to St. Lucie County for perpetual
ownership and maintenance purposes. Nothing in this requirement shall
prevent or preclude the developer, his Successors Or Assigns, from
entering into an agreement with St. Lucie County for the long-term
maintainence of the landscaping and hardscape improvements.
d. Prior to recording the plat for Phase I of the project, the applicant,
successors, or assigns shall post a bond and enter into a Subdivision
Improvement Agreement to design, permit and construct the remaining
portion of Sunnyland Drive to be constructed as part of Phase III of the
Project. The bond shall remain in effect until construction is complete. In
the event that the Developer conveys a portion of the Project to the St.
Lucie County School District for purposes of a school site, the Developer
shall construct as a two-lane facility Sunnyland Drive from the phasing
line of Phase III to a point at the property line of the Project in an
alignment provided to the Developer by the St. Lucie County School
District, and approved by the County and any portion of the bond for the
construction of Sunnyland Drive remaining shall be released and returned
to the Developer. If, however, the St. Lucie County School District is
unable to successfully obtain a commitment from other developers to
bear the realignment costs of Sunnyland drive to the north of the
Sunnyland Farms property, then the remaining portion of the bond for the
construction of Sunnyland Drive shall be applied to the construction of
that portion of Sunnyland Drive which is not located on the Sunnyland
Farms Property, and any unused portion of the bond shall be returned to
the Developer. Should the St. Lucie County School Board elect not to use
a portion of the Project for a school site by June 30, 2008, then the
Developer shall construct as a two-lane facility the remaining portion of
Sunnyland Drive west through Phase III of the development property to
Old FFA Road.
e. Prior to recording the plat for Phase III of the Project, the applicant,
successors or assigns shall construct a two-lane facility for Old FFA Road
from Sunnyland Drive north to the south right-of-way line of the North St.
Lucie River Water Control District Canal No. 43 as shown on the project
site plan. Impact fee credit shall be granted for the construction of these
improvements, pursuant to the County's Road Impact Fee Ordinance for
non-site related improvements. Prior to the recording of the Plat for
Phase I, the Developer shall post a bond, and enter into a Subdivision
Development Agreement, in an amount and form acceptable to the
County for the construction of Old FFA Road as described above.
However, in the event that the Developer conveys a portion of the Project
to the St. Lucie County School District for purposes of a school site, the
Developer shall not be required to construct that certain portion of Old
March 21, 2006
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File No.: PUD-05-028 and RZ-04-034
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FFA Road from Sunnyland Drive north to the south right-of-way line of the
North St. Lucie River Water Control District Canal No. 43, and any bond
for the construction of Old FF A Road shall be released and returned to
the Developer. However, in the event that the St. Lucie County School
District is unable to successfully obtain a commitment from other
developers to bear the realignment costs of Sunnyland Drive to the north
of the Sunnyland Farms property then the bond for the construction of Old
FAA Road shall be applied to the construction of the realigned Sunnyland
Drive, and any unused portion of the bond shall be returned to the
Developer.
f. The applicant, successors, or assigns shall design, permit and obtain cost
estimates for the construction of the ultimate intersection improvements at
Kings Highway and Orange Avenue. The improvements to be designed
and permitted will include reconstruction of the existing two-lane
roadways approaching the intersection to four-lane divided urban
sections. The limits of the design and permitting shall be to provide the
ultimate four-lane section through the end of the associated turn lane
tapers for the ultimate four-lane turning movement configuration for each
leg of the intersection. The design and permitting shall include the
required tapers from the four-lane design to match existing travel lanes.
The north leg of the intersection shall provide the ultimate four-lane
section to just north of the northern access point for the Flying "J" Truck
Stop. The project will include the design of detention ponds and the
determination of additional right-of-way needs to complete the Project.
The design limits for the Project shall be as follows:
·
North Leg:
South Leg:
West Leg:
East Leg:
2,000 linear feet
1 ,200 linear feet
1 ,200 linear feet
300 linear feet
·
·
·
The contract for the design, permitting and cost estimate shall be let and
a surety in the amount of 110 percent of the contract shall be posted with
the County within one hundred eighty (180) days of final approval of this
agreement. The design work and permitting for the intersection shall be
substantially completed by no later than December 31, 2007, subject to
permitting by regulatory authorities other than the County. Impact fee
credit shall be granted for the costs of these designs, permitting and cost
estimates pursuant to the County's Road Impact Fee Ordinance.
g. Prior to recording the plat for Phase II of the Project, the applicant,
successors, or assigns shall conduct a signal warrant study at the
intersection of Rock Road and Orange Avenue. If the warrant study
determines that a signal is warranted, the Developer shall design and
construct the signalization improvements at the Orange Avenue and Rock
Road intersection ("Signalization"). The applicant, successors, or assigns
March 21, 2006
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shall be granted impact fee credit for these improvements pursuant to the
County's Road Impact Fee Ordinance.
3. In conjunction with the construction of Sunnyland Drive (Phase I of the project
construction) the applicant, successors, or assigns shall also provide for the
construction of a temporary emergency accessway that connects into Old FFA
Road. The location of this temporary emergency accessway shall be agreed
to with the St. Lucie County Fire District and shall remain in place until such
time as Sunnyland Drive is extended into Old FAA Road, along whatever
alignment is finally agreed to pursuant to the other conditions of approval
related to this project, as found in this Resolution.
This emergency access may be secured to prevent general through traffic
movements, provided that the St. Lucie County Fire District is provided with an
approved means of egress through any access restrictions.
4. The indicated emergency accessways connecting Phase I and Phase II to
Sunnyland Drive shall be constructed in a manner so as to provide for "all
weather" access. "All weather" access does not include the use of stabilized
grass surfaces. Specific construction details on these accessways shall be
required as part of the final construction plan authorizations for the required
infrastructure for this community.
5. Prior to recording the plat for Phase I of the project the applicant, successors,
or assigns, shall provide to the County, copies of the executed final utility
service agreement with Ft. Pierce Utility Authority, indicating all developer
obligations, including schedules associated with servicing this site.
6. The applicant, successors, or assigns shall, within thirty (30) days of written
request by the St. Lucie County School Board (the "School Board"), convey a
portion of the property located within Phase III to the School Board for use as
a school site. The conveyance of the property to the School Board shall be
conditioned upon, (i) the Developer having received all permits and approvals
for the Project from all agencies having jurisdiction over the Project, (H) the
School Board making such a request, in writing, by no later than June 30,
2008, (Hi) the conveyance of property to the School Board not exceeding ten
(10) acres in size, the legal description of which shall be agreed between the
School Board and the developer, and (iv) the donation of any portion of the
property to the School Board shall not require an amendment to the PUD
Agreement or approved Final Site Plan and shall be considered consistent
with the approved Final Site Plan; notwithstanding the fact that such a
donation will result in a reduction of open space aAS tit.'!..".::! "saitst SE:J:es from
that shown on the Sunnyland Farms PUD Site Plan. Following any donation to
the School Board, the Sunnyland Farms PUD shall continue to provide the
minimum open space and upland habitat as required b t
Land Development Code, any open space and naf abitat to be maintained
on th r site, within t e oun t1ase III, shall count towards
thes ite plan requirements. 1ft no \A:2::¡~ ~1,c!l1I the open !psce er noti'/e uplend J I ..~
"hahitat iA rl'dse III be reducea by "'UI e U'IBA the aSr:93g9 gQrlíiltQrl to thp. stf-
March 21,2006
Page 7
Resolution No. 06-051
File No.: PUD-05-028 and RZ-04-034
1 L-Uti~ C~lly ~\jho~. In the event the School Board makes such a
2 request, an impact fee credit agreement shall be entered into between the
3 Developer, or its assigns, and the School Board, which shall provide for the
4 appropriate impact fee credits to the Developer calculated as provided in the
5 governing pOlicies of the School Board and the education facilities impact fee
6 ordinance.
7
8 7. The irrigation system within this project shall be designed to accept reuse
9 water from the Fort Pierce Utilities Authority, or other duly recognized utility
10 authority or district, as the preferred method of irrigation.
11
12 8. As part of the final plating of any phase of this project, all areas depicted as
13 being a "conservation easement" shall be made in favor of St. Lucie County.
14
15 9. Prior to issuance of a St. Lucie County Vegetation Removal Permit, a pre-
16 clearing meeting be conducted with the applicant's environmental consultant
17 and the land clearing contractors to provide educational materials (poster &
18 pamphlets) to inform them of the protocol that shall be followed should any of
19 those species be encountered, Please note that should any of those species
20 be encountered during site construction, all work shall be halted and a Florida
21 Fish and Wildlife Conservation Commission relocation permit shall be
22 approved and relocation of the animal shall be complete before site work can
23 begin again.
24
25 10. Prior to the approval of a St. Lucie County Vegetation Removal Permit, all
26 preserve areas shall be barricaded per Section 4.01 of the approved Preserve
27 Area Management and Monitoring Plan.
28
29 11. The applicant, successors, or assigns shall provide notice in all sales contracts
30 to all purchasers in the Sunnyland Farms PUD regarding the property owners'
31 maintenance responsibilities of all areas of preservation and protection shown
32 on the project site plans. The notice shall clearly identify all native habitat
33 protection requirements and penalties for impacting areas of preserve.
34
35 12. The proposed community center shall be built with:
36 . hurricane resistant glass; and
37 . hurricane resistant doors; and
38 . an emergency generator.
39
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41 D. The property on which this site plan approval is being granted is described below.
42
43 PARCEL 1:
44 THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 35 SOUTH,
45 RANGE 39 EAST, LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF THE
46 SUNSHINE STATE PARKWAY;
47
48 LESS AND EXCEPTING THE NORTH 789.35 FEET THEREOF AND ALSO LESS AND
49 EXCEPTING THE CANAL AND ROAD RIGHT-OF-WAYS OF RECORD.
50
March 21, 2006
Page 8
Resolution No. 06-051
File No.: PUD-05-028 and RZ-04-034
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PARCEL 2:
THE SOUTHEAST X OF SECTION 3, TOWNSHIP 35 SOUTH, RANGE 39 EAST, LYING
WEST OF THE EAST SECTION LINE, BY OCCUPATION, LESS ALL CANAL RIGHTS-
OF-WAY, ALL LYING AND BEING IN ST. LCUIE COUNTY, FLORIDA.
Location: West side of the Emerson Avenue right-of-way, about 1.5 miles northwest of
the Orange Avenue and Kings Highway Intersection.
This Final Planned Unit Development Site Plan approval shall expire on March 21,
2008, unless an extension is granted in accordance with Section 11.02.06(8)(3), St.
Lucie County Land Development Code, or an approved Developers Agreement.
The Final Planned Unit Development Site Plan approval granted under this Resolution
is specifically conditioned to the requirement that the petitioner, Paparone Homes of
Florida Inc., including any successors in interest, shall obtain all necessary
development permits and construction authorizations form the appropriate State and
Federal regulatory authorities, including but not limited to; the United Stated Army
Corp of Engineers, the Florida Department of Environmental Protection, and the
South Florida Water Management District, as applicable to the proposed development
activity prior to the issuance of any local building permits or authorizations to
commence development activities on the property described in Part D.
The conditions set forth in Part C are an integral nonseverable part of the site plan
approval granted by this Resolution. If any condition set forth in Section C is
determined to be invalid or unenforceable for any reason and the developer declines
to comply voluntarily with that condition, the site plan approval granted by this
resolution shall become null and void.
A copy of this Resolution shall be attached to the site plan drawings described in Part
C, which plan shall be placed on file with the St. Lucie County Growth Management
Department.
ADOPTION
After motion and second, the vote on this resolution was as follows:
Chairperson Doug Coward
xxx
Vice Chairperson Chris Craft
xxx
XXX
XXX
Commissioner Frannie Hutchinson
Commissioner Paula A. Lewis
Commissioner Joe Smith
XXX
March 21,2006
Page 9
Resolution No. 06-051
File No.: PUD-05-028 and RZ-04-034
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PASSED AND DULY ADOPTED this 21 st day of March, 2006.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
Chairman
ATTEST:
APPROVED AS TO FORM AND
CORRECTNESS:
DEPUTY CLERK
COUNTY ATTORNEY
March 21,2006
Page 10
Resolution No. 06-051
File No.: PUD-05-028 and RZ-04-034
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. ~y 11).,
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'41JL
RESOLUTION 05-353
File Number: PUD-04-030 and RZ-04-034
Received By
JAN ,2 4 200
A RESOLUTION GRANTING PRELIMINARY Growth Manage ent
DEVELOPMENT PLAN APPROVAL FOR A PROJECT
KNOWN AS SUNNYLAND FARMS - PUD
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based
on the testimony and evidence, including but not limited to the staff report, has made
the following determinations:
1. Paparone Homes of Florida Inc. presented a petition for a Preliminary
Planned Unit Development Approval for a 458-unit single family residential
subdivision to be known as Sunnyland Farms - PUD.
2. On September 15, 2005, the St. Lucie County Planning and Zoning
Commission held a public hearing on the petition of Paparone Homes of Florida
Inc., after publishing a notice of such hearing in the Fort Pierce Tribune and
notifying by mail all property owners within 500 feet of the property boundaries.
3. On November 8, 2005, this Board held a public hearing on the petition of
Paparone Homes of Florida Inc, for Preliminary Planned Unit Development
approval for the project known as Sunnyland Farms - PUD after publishing a
notice of such hearing in the Tribune and notifying by mail all property owners
within 500 feet of the subject property,
4. The Development Review Committee has reviewed the Preliminary Planned
Unit Development site plan for the proposed project and found it to meet all
technical requirements and to be consistent with the future land use maps of
the St. Lucie County Comprehensive Plan, subject to the conditions set forth in
Part A of this Resolution.
5, The proposed project is consistent with the general purpose, goals, objectives
and standards of the St. Lucie County Land Development Code, the St. Lucie
County Comprehensive Plan, and the Code of Ordinances of St. Lucie County.
6. The proposed project will not have an undue adverse effect on adjacent
property, the character of the neighborhood, parking, utility facilities or other
matters affecting the public health, safety and general welfare. Impacts upon
the regional road system will be mitigated through the conditions set forth in this
Order.
7, All reasonable steps have been taken to minimize any adverse effect of the
proposed project on the immediate vicinity through building design, site design,
landscaping and screening.
November
Page 1
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 278174401/1812006 at 03:37 PM
OR BOOK 2464 PAGE 2942 - 2949 Doc Type: RESO
RECORDING: $69.50
Resolution No. 05-353
File No.: PUD-04-030 and RZ-04-034
1
2 8. The proposed project will be constructed, arranged and operated so as not to
3 interfere with the development and use of neighboring property, in accordance
4 with applicable district regulations.
5
6 9. The proposed project will be served by adequate public facilities and services.
7
8 10.A Certificate of Capacity, a copy of which is attached to this Resolution, was
9 granted on November 2, 2005, subject to the conditions in Section A of this
10 Resolution,
11
12
13 NOW, THEREFORE, BE IT RESOLVED by the 80ard of County Commissioners of
14 S1. Lucie County, Florida:
15
16 A. Pursuant to Section 11.02,05(8) of the 81. Lucie County Land Development Code,
17 the Preliminary Planned Unit Development Plan for the project to be known as
18 Sunnyland Farms· A Planned Unit Development be, and the same is hereby,
19 approved as shown on the site plan drawings for the project prepared by Thomas
20 Lucido & Associates, P.A, dated April 6, 2004, subsequently revised through
21 August 12, 2005, and date stamped received by the S1. Lucie County Growth
22 Management Director on September 2, 2005, subject to the following conditions:
23
24 1, Prior to any Final PUD approval for the project, the applicant, developer, or
25 assigns shall enter into an agreement with S1. Lucie County to provide certain
26 improvements to roadways, including bike paths and sidewalks where feasible,
27 required to address this projects impacts on the County's roadway network. The
28 Agreement will include the details about specific cases where the applicant can
29 recover funds. The following include, but are not limited to the improvements
30 required to be addressed in the agreement:
31
32 a. Prior to the issuance of any Certificate of Occupancy, the developer, or
33 his assigns, shall be required to construct a roadway within the existing
34 Emerson Avenue (Laidback Way) right-of-way that extends from
35 Orange Avenue to the FDOT Access Road. Prior to issuance of a
36 building permit for the construction on Laidback Way, the applicant
37 shall be required to submit construction/engineering drawings for
38 Laidback Way to the S1. Lucie County Engineer for review and
39 approval. The roadway designs shall include left and right turn lanes
40 onto Orange Avenue and a right turn lane at the intersection of
41 Laidback Way and FOOT Access Road.
42
43 b. Prior to the issuance of any building permits for any portion of this site;
44 contracts shall have been let for the construction of Laidback Way and
45 Sunnyland Drive from Orange Avenue to FFA Road and Canal No. 43.
November 8,2005
Page 2
Resolution No. 05-353
File No.: PUD-04-030 and RZ-04-034
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Nò Certificates of Occupancy shall be issued until this roadway has
been completed and accepted by St. Lucie County. The applicant shall
be allowed Certificates of Occupancy for a maximum of four dry model
homes prior to completion and acceptance of the roadway,
c. Prior to issuance of any Certificate of Occupancy for any single family
home within the Sunnyland Farms PUD, the petitioner, their
successors or assigns, shall convey Sunnyland Drive to St. Lucie
County, in manner and form acceptable to the St. Lucie County
Attorney. To the extent permitted under the County's Code and
Compiled Laws, any such dedication may be considered eligible for
Road Impact Fee Credits.
d. The agreement between the Paparone Homes and the County shall
contain language requiring Paparone Homes to post security for the
estimated costs for re-alignment of the offset 50' right-of-way roadway
section to be consistent with the proposed 80' roadway section along
Laidback Way, In the event the County is able to obtain the deficient
right-of-way following construction of the roadway improvement by
Paparone Homes, the County may require Paparone Homes to
construct the re-alignment improvements. In the event that the
undeveloped lands fronting the 50' right-of-way are proposed for
development following construction of Laidback Way by Paparone
Homes, the County will seek to require the Developer of said project to
pay for the realignment costs described herein. If the County is
successful in obtaining a commitment from others to bear the re-
alignment costs, the County may then release Paparone Homes of
Florida' posted security.
e. The agreement shall require the developer to provide the designs and
cost estimates for construction of the ultimate intersection of King's
Highway & Orange Avenue. The applicant shall contribute the designs
and cost es!io1ate towards their fair share contribution to design and
(ìlL,~ruct--ffíe intersection improvements. County staff shall incorporate
UJ this roadway improvement into the Capital Improvements Element of
the St. Lucie County Comprehensive Plan as an improvement to be
funded by developer contributions.
f. Turn lanes shall be provided on Sunnyland Drive and Champions
Drive, Colts Run and the Recreation Parcel.
g. Prior to recordation of the Plat for Phase II of this project, that the
applicant conduct a signal warrant study at the intersection of Orange
Avenue and Rock Road. If this study indicates a traffic signal is
November 8, 2005
Page 3
Resolution No. 05-353
File No.: PUD-04-030 and RZ-04-034
1 warranted the developer would be required to design and construct the
2 improvement.
3
4 2. The Certificate of Capacity issued for this project is conditioned upon the
5 applicant, developers, or assigns entering into a binding agreement, es required
6 in Condition A (1) above. The Certificate of Capacity for this project shall expire
7 and public facilities encumbered by the Certificate of Capacity shall be released if
8 the agreement between Paparone Homes and St. Lucie County is not entered
9 into with 180 days. If the Certificate of Capacity expires the applicant shall
10 reapply and receive issuance of a Certificate of Capacity prior to Final PUD
11 approval for this project.
12
13 3. Any Final PUD approval shall include the condition that prior to Final Plat
14 approval for any portion of the property, the developer, or his assigns, shall have
15 completed the execution of a final utility service agreement with Ft. Pierce Utility
16 Authority, indicating all developer obligations, including schedules associated
17 with servicing this site.
18
19 4. Any Final PUD approval shall include the condition that prior to Final Plat
20 approval for any portion of the property, the developer, or his assigns, shall
21 submit a letter from the St. Lucie County School Board indicating that they have
22 met the St. Lucie County School Board's requirements.
23
24 5. The irrigation system within this project shall be designed to accept reuse water
25 from the Fort Pierce Utilities Authority as the preferred method of irrigation.
26
27 6. A condition of approval of the Final PUD shall be that language be included on
28 the plat granting the County a conservation easement over the 47.73 acres of
29 uplands and wetlands to be preserved.
30
31 7, A condition of approval of the Final PUD shall be that the landscape plan to be
32 provided with the Final PUD plan includes exact littoral zone locations around a
33 portion of each lake constructed on site along with the proposed plant size and
34 spacing,
35
36 8. A condition of approval of the Final PUD shall be that the Homeowners
37 Association guidelines with the specified restrictions will be provided with Final
38 PUD plan.
39
40 9. A condition of approval of the Final PUD shall be that the landscape plan
41 submitted with the Final PUD package is signed and sealed by a Registered
42 Landscape Architect.
43
44 10.A condition of approval shall be that prior to issuance of a St. Lucie County
45 Vegetation Removal Permit, a pre-clearing meeting be conducted with the
November 8, 2005
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applicant's environmental consultant and the land clearing contractors to provide
educational materials (poster & pamphlets) to inform them of the protocol that
shall be followed should any of those species be encountered. Please note that
should any of those species 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 the animal shall be
complete before site work can begin again.
11.A condition of approval shall be that, prior to the approval of a S1. Lucie County
Vegetation Removal Permit, all preserve areas shall be barricaded per Section
4.01 of the approved Preserve Area Management and Monitoring Plan,
12. The applicant shall provide a notice in the sales contracts regarding the property
owners' maintenance responsibilities. The agreement for sales notice shall
clearly identify all native habitat, protection and penalties for preserves shall be
clearly identified and those restrictions and obligations be identified in the
agreement.
13, The proposed community center shall be built with:
· hurricane resistant glass
· and hurricane resistant doors
· an emergency generator.
B. The property on which this site plan approval is being granted is described below,
PARCEL 1:
THAT PART Of THE SOUTHWEST QUARTER Of SECTION 3,
TOWNSHIP 35 SOUTH, RANGE 39 EAST, LYING EAST Of THE EAST
RIGHT-Of-WAY LINE OF THE SUNSHINE STATE PARKWAY; LESS
AND EXCEPTING THE NORTH 789.35 fEET THEREOf AND ALSO
LESS AND EXCEPTING THE CANAL AND ROAD RIGHTS-Of-WAY.
PARCEL 2:
THE SOUTHEAST % Of SECTION 3. TOWNSHIP 35 SOUTH, RANGE
39 EAST, LYING WEST Of THE EAST SECTION LINE, BY
OCCUPATION, LESS ALL CANAL RIGHTS-Of-WAY, ALL LYING AND
BEING IN ST. LCUIE COUNTY, fLORIDA.
Location:
West side of the Emerson Avenue right-of-way, about 1.5
miles northwest of the Orange Avenue and Kings Highway
Intersection.
November 8, 2005
Page 5
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C. This Preliminary Planned Unit Development Site Plan approval shall expire on
November 8, 2007, unless an extension is granted in accordance with Section
11.02,06(8)(3), St. Lucie County Land Development Code or Final Planned Unit
Development Approval has been granted.
D, The Preliminary Planned Unit Development Site Plan/General Site Plan approval
granted under this Resolution is specifically conditioned to the requirement that the
petitioner, Paparone Homes of Florida Inc., including any successors in interest,
shall obtain all necessary development permits and construction authorizations form
the appropriate State and Federal regulatory authorities, including but not limited to;
the United Stated Army Corp of Engineers, the Florida Department of Environmental
Protection, and the South Florida Water Management District, as applicable to the
proposed development activity prior to the issuance of any local building permits or
authorizations to commence development activities on the property described in
Part B.
E, The conditions set forth in Part A are an integral nonseverable part of the site plan
approval granted by this Resolution. If any condition set forth in Section A is
determined to be invalid or unenforceable for any reason and the developer declines
to comply voluntarily with that condition, the site plan approval granted by this
resolution shall become null and void.
F, A copy of this Resolution shall be attached to the site plan drawings described in
Part A, which plan shall be placed on file with the St. Lucie County Growth
Management Department.
G. ADOPTION
After motion and second, the vote on this resolution was as follows:
Chairperson Frannie Hutchinson
AYE
Vice Chairperson Doug Coward
AYE
Commissioner Chris Craft
AYE
Commissioner Paula A. Lewis
AYE
Commissioner Joe Smith
AYE
PASSED AND DULY ADOPTED this 8th day of November, 2005.
November 8,2005
Page 6
Resolution No. 05-353
File No.: PUD-04-030 and RZ-04-034
. .
1
2
3
4
5
6
7
8
9
10
11
12
13 ATTEST:
14
15
1
1
18
19
20
21
22
November 8, 2005
Page 7
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BY ,<..,.. ,'.·'::~~;i~ .~.\. ~~~:~'J
APPROVED AS TO FORM AND
CORRECTNESS:
c6ûÑ~Y ~ORNEY
Resolution No. 05-353
File No.: PUD-04-030 and RZ-04-034
,. .
St Lucie County
Certificate of Capacity
Date 11/2/2005 Certificate No. 2234
This document certifies that concurrency will be met and that adequate public facility
capacity exists to maintain the standards for levels of service as adopted in the St
Lucie County Comprehensive Plan for:
1. Type of development Preliminary PUD
Number of units 458
Number of square feet
2, Property legal description & Tax ID no.
2303-313-0010-0000 and 2303-411-0010-0001
Old FFA Rd, .5 mi S. of Angle Rd
Sunnyland Farms PUD
3. Approval: Building
Resolution No. 05-353
Letter
4, Subject to the following conditions for concurrency:
Subject to conditions cited in Res. No. 05-353
Owner's name
Roger E. Medema
'Address
3500 Lantana Rd
Lantana
FL 334692
6, Certificate Expiration Date 11/8/2007
This Certificate of Capacity is transferable only to subsequent owners of the same
parcel, and is subject to the same terms, conditions and expiration date listed herein.
The expiration date can be extended only under the same terms and conditions as the
underlying development orderissued with this certificate, or for subsequent
development order(s) issued for the same property, use and size as described herein,
Signed ~.I ~J
( -<.$ui 4~) '~ g:-
Growth Management Director
St Lucie County, Florida
Date: 11/2/2005
Wednesday, November 02, 2005
Page 1 of2
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Treasure Coast Newspapers Tuesday, March 7, 2006
ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS
PUBLIC HEARING AGENDA
MARCH 21, 2006
TO WHOM IT MAY CONCERN:
NOTICE is hereby given in accordance with Sec-
tion 11.00.03 of the St. Lucie County Land Devel,
opment Code and in accordance with the provi-
sions of the St. Lucie County Comprehensive
Plan that the following applicants have requested
that the St. Lucie County Board of County Com-
missioners considers their following requests:
1. PAPARONE HOMES OF FLORIDA, INC.. for a
Change in Zoning from the AG,I (Agricultural - 1
du/acre) Zoning District to the PUD (Planned Unit
Development - Sunny land Farms) Zoning District
and Final Planned Development Site Plan Approv-
al for the following described property:
PARCEL 1:
THAT PART OF THE SOUTHWEST QUARTER OF
SECTION 3 TOWNSHIP 35 SOUTH, RANGE 39
EAST. LYING EAST OF THE EAST RIGHT-OF-WAY
LINE OF THE SUNSHINE STATE PARKWAY; LESS
AND EXCEPTING THE NORTH 789.35 FEET
THEREOF AND ALSO LESS AND EXCEPTING THE
CANAL AND ROAD RIGHTS-OF,WAY.
PARCEL 2:
THE SOUTHEAST 1/4 OF SECTION 3. TOWNSHIP
35 SOUTH. RANGE 39 EAST. LYING WEST OF
THE EAST SECTION LINE, BY OCCUPATION.
LESS ALL CANAL RIGHTS,OF-WAY, ALL LYING
AND BEING IN ST. LUCIE COUNTY, FLORIDA.
Location: East side of Old FFA Road. approxi-
mately 1/2 mile south of Angle Road.
The PUBLIC HEARING on this item will be held in
the Commission Chambers, Roger Poitras Annex, i
3rd Floor, St. Lucie County Administration Build-
ing. 2300 Virginia Avenue. Fort Pierce. Florida on
March 21, 2006, beginning at 6:00 P.M. or as soon
thereafter as possible. Action can be taken at this
meeting. or the item can be continued to a fl.lture!
date and time.
All interested persons will be given an opportunity
to be heard. Written comments received in ad-
vance of the public hearing will also be consid-
ered. Written comments to the Board of County
Commissioners should be received by the
Growth Management Department ' Planning Divi-
sion at least 3 days prior to the scheduled hear-
ing. Please call 772/462,2822 if you have any
questions or require additional information. The
file for this project may be inspected prior to the
hearing date in the Growth Management Depart-
ment. 2300 Virginia Avenue, 2nd Floor, Fort
Pierce, Florida.
The proceedings of the Board of County Commis-
sioners are electronically recorded. PURSUANT
TO Section 286.0105, Florida Statutes, if a person
decides to appeal any decision made by the
Board of County Commissioners with respect to
any matter considered at a meeting or hearing,
he will need a record of the proceedings. For
such purpose, he may need to ensure that a ver-
batim record of the proceedings is made. which
record includes the testimony and evidence upon
which the appeal is to be based. Upon the re-
quest of any party to the proceeding, individuals
testifying during a hearing will be sworn in. Any
party to the proceeding will be granted an oppor-
tunity to cross-examine any individual testifying
during a hearing upon request. If it becomes nec-
essary, a public hearing may be continued to a
date-certain. .
Anyone with a disability requiring accommodation
to attend this meeting should contact the St. Lu-
cie 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.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
151 DOUG COWARD, CHAIRMAN
PUBLISH DATE: MARCH 7, 2006
1:;4:128
...-x'!:
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Total Impervious Area
ftK:UJss rIght-of-ways and aD ffJlJidBntJallotsJ
Maximum Building Height
126.18 ac (55.0«1»
35'
General Notes:
t Site clearing to commence after obtaining an necessary perm/ta
CompletIon anticipated with 24 months of Fhil PUD approval
2. irrigation 8haI be desU1ed to accept reuse water from FPUA
a All r8(Jkements of Section 6.02.03 and SectIon 6.0005C with regards to wetland and
tree protection are to be met. The project will also meet the ~ Plan wetland
protection and upland habitat policies.
4. Project LD. SU1 shaH have a maxlrrun of 32 SF and no more than 10' In height and
also shall conform to r~ set forth In St lucie ColI1ty Land Development Code.
SectIon 9.02.00
S. All lighting shaH be In compliance with St L.ucIe ColI1ty lighting Ordinance. UghtIng
specifications shall be provided c1t'Ing Building Permit Application process. At this tine
It Is the deveIoper's Intent to utilize the outdoor 11g~ prcvam offered by FPL
6. All weather shelter to be located at the project entry that can be utilized for school
bus JJIckt4> or ft.rUe transit plclql
7. All r&CJ.*ements of SectIon 7.10.15 with regards to SeaI1ty Gates to be met
8. St lucie ColI1ty Stormwater Permit Is I'8CJ.lIred for this project per SectIon 7.Q7.Q4 of SLC
Land Development Code.
9. In accordance with Conservation Policy 8.t2.5, a vegetated and fooctionaIllttoral zone will
be established as part of the uace water management system
10. As r8(J.ired by SectIon 7.Q8.01(F) of the St L.ucIe ColI1ty Land Development Code. all utilities
shall be placed Lndergrotni
11 Any existing native vegetative comrnJ1Itfes located within the perimeter buffer wll be
maintained.
12. A backup emergency generator will be provided at the conm.nIty ckJbhoæe.
13. All accessory structtns located on the project (ckJbhouse. gym. guardhouse. ate) wID
be constructed uå1g concrete block with stucco and barrel tile roofs.
14. The project will be constructed In phases. Phase I wll consist of the proposed SuY1yIand
Drive right-of-way and al residences to the north. Phase II wll be aB residences to
the south of SuY1yIand Drive.
15. Setbacks for pools and accessory structtns wiD be 7 S from the rear lot line.
16. Slmyland Drive will be a public road and all interior project roads will be private.
Lighting Legend:
$ Streetlight. 12' MouùIng Height
this project wiD utilize the outdoor
lighting prCJam provided by FPL
Recreation Provided
· 1.200 sf Gym
· 1.800 sf Clubhouse
· 1 Tot-Lot
· 1 Convnunity Swimming Pools
· 14.5 Miles of Pedestrian Walkways
. 2.5 Miles Jogging Trails
.2.0 Miles lakeside Trails
. 10.0 Miles Pedestrian Sidewalks
· Open Play Field - Frisbee, Footbal~
Soccer
CANAL No. 45
---
"--------------
irange Avenue --
nnyland Farms
~t Lucie County, Florida
lal PUD Overall Plan
Sheet
1
of
-fA
MAR 03 2006
,
AGENDA REQUEST
ITEM NO. 5C
DATE: March 21,2006
REGULAR [ ]
PUBLIC HEARING
Leg. [ ] Quasi-JD [x]
CONSENT []
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY (DEPT.): County Attorney
JoAnn Riley
Property Acquisition Manager
SUBJECT:
Petition for Abandonment
Abandon a portion of a deeded right-of-way
known as South 7th Street
Resolution 06-101
BACKGROUND:
Please see attached Memorandum
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/ A
RECOMMENDATION: Staff recommends the Board continue this Public Hearing to April 18, 2006
at 6:00 p.m. or soon thereafter as possible.
COMMISSION ACTION:
CONCURRENCE:
[)( APPROVED
[ ] OTHER
[ ] DENIED
Approved 5-0
Ixl County Attorney:j:
Ixl Originating Dept:...:j~
Review and Approvals
[] Road and Bridge:__________
II Public W orks:_________
[] Engineering:______________
I Purchasing: ___________
-1
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REVELS LN
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SKYLARK DR
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FRA MAR PL
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WAGNER PL
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242760100310008
-FARMER'S MARKETRD----~
1------.---.
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D Parcel Boundaries
-------.---------..-----
o 60 120 180 240 300 360
.~ .:l.!,:-ir.. é;"~.~i-~ +
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-
October 12, 2005
.,.
y
AGENDA REQUEST
ITEM NO. 5 D
DA TE: March 21, 2006
REGULAR []
PUBLIC HEARING [XX]
CONSENT []
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT):
County Attorney
Daniel S. McIntyre
SUBJECT: Ordinance No. 06-012 - Stop Gap Ordinance
BACKGROUND:
See attached memorandum
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDA TION: This is the first of two public hearings. No action is required
at this time.
COMMISSION ACTION: CONCURRENCE:
No action required at
this time.
1M
[ ] APPROVED [] DENIED
DC! OTHER:
County Attorney:
I~
I
Review and Approvals
Management & Budget Purchasing:
Originating Dept.
Public Works Dir:
County Eng.:
Finance: (Check for copy only. if applicable)
Eff. 5/96
INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO:
Board of County Commissioners
FROM:
Daniel S. McIntyre, County Attorney
C.A. NO.:
06-466
DATE:
March 17, 2006
SUBJECT:
Ordinance No. 06-012 - Stop Gap Ordinance
*************************************************************************************
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.
This ordinance was brought before the Local Planning Agency on March 16, 2006 at which time
the ordinance was authorized for presentation to the Board.
RECOMMENDA TION/CONCLUSION:
This is the first of two public hearings. No action is required at this time.
DSM/ caf
Attachment
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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 THA T 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 lnterlocal 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
- ] -
,~
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 p]an 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 ApriJ 2],
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 ] 3, 2006, the Florida Department of Community Affairs provided
Objections, Recommendations, and Comments regarding the proposed amendments; and
WHEREAS, the adoption heárings 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 wiIJ implement the proposed amendments
wiIJ 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 ] 80 days from the adoption date of the issuance of certai.n
comprehensive plan amendments and development orders within the County concerning development
which is proposed on property generally located in the TYC Element; and
WHEREAS, on February 7, 2006, the Board adopted Resolution No. 06-038 extend ing 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.
confirmed.
Section 2.
Recitals Adopted.
Each of the above stated recitals is hereby adopted and
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 163.3 I 64, 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", shaJl 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
shalJ not apply to:
I. 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. NOÍ\¥ithstanding Section 2 above, an applicant fof 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 SLlch 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) wi II not detrimentalJy affect the preparation and
implementation of the Growth Management Regulations; 2) will further the principles of the NOl1h
County Charette Master Plan; 3) wilJ be compatible with surrounding land uses; and 4) will not impair the
public health, safety or welfare, then the Board may alJow 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 Rie-hts.
(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:
(I) A governmental act of development approval was obtained prior to the effective
date of th is Ord inance; 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 shalj 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 shaJl not be applied.
Section 5. Appeals. Appeals from [¡naldecisions by the Board under Section 3 or Section 4 of
this Ordinance shaJl 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 ofloca! 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 processmg applications for
comprehensive plan amendments or development orders imposed by this Ordinance is temporary and
shaJl be effective for the earlier of I) 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
Y ice Chairman Chris Craft
Commissioner Joseph E. Smith
Commissioner Paula A. Lewis
Comm issioner Frann ie Hutch inson
-5-
xxx
XXX
XXX'
XXX
XXX
PASSED AND DULY ADOPTED this
ATTEST:
BY:
Deputy Clerk
~6-
day of
,2006
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Chairman
APPROVED AS TO FORM AND
CORRECTNESS
County Attorney
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EXHIBIT
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AGENDA REQUEST
ITEM NO. -ºL
DA TE: March 21, 2006
REGULAR []
PUBLIC HEARING [XX]
CONSENT []
TO: BOARD OF COUN1Y COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT):
County Attorney
Daniel S. McIntyre
SUBJECT: Ordinance No. 06-011 Deleting Property Described in Exhibit "1" from
Ordinance No. 2005-016 ("Stop Gap") Ordinance
BACKGROUND:
See attached memorandum
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDA TION: This is the first of two public hearings. No action is required at
this time.
COMMISSION ACTION: CONCURRENCE:
[ ] APPROVED [ ] DENIED
j(] OTHER:
No action required at
this time.
~.
County Attorney:
9J,
~
Review and Approvals
Management & Budget Purchasing:
Originating Dept.
Public Works Dir:
County Eng.:
Finance: (Check for copy only, if applicable)
Eft. 5/96
,
INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO:
Board of County Commissioners
FROM:
Daniel S. McIntyre, County Attorney
C.A. NO.:
06-467
DATE:
March 17, 2006
SUBJECT:
Ordinance No. 06-011 Deleting Property Described in Exhibit "1"
from Ordinance No. 2005-016 eStop Gap") Ordinance
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA~**********************AAAAAAAAAAAAAAAAAAAAA
BACKGROUND:
At the February 7, 2006 Board meeting, the Board requested staff to draft an
ordinance that would, if adopted, delete certain property owned by Shelby Homes from the
Exhibit ("A") describing property subject to the provisions of the Stop Gap Ordinance
(Ordinance No. 2005-016).
Attached to this memorandum is a copy of draft Ordinance No. 06-011.
This ordinance was brought before the Local Planning Agency on March 16, 2006 at
which time the ordinance was authorized for presentation to the Board.
RECOMMENDATION/CONCLUSION:
This is the first of two public hearings. No action is required at this time.
D SM/ caf
Attachment
tfully submitte ,
A
ORDINANCE NO. 2006-011
AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA (THE
"COUNTY"), AMENDING ORDINANCE NO. 2005-016 WHICH
PROVIDED FOR POSTPONEMENT OF ISSUANCE OF
CERT AIN COMPREHENSIVE PLAN AMENDMENTS AND
DEVELOPMENT ORDERS WITHIN THE COUNTY
CONCERNING DEVELOPMENT WHICH IS PROPOSED ON
PROPERTY GENERALLY LOCATED IN THE TVC ELEMENT
BOUNDARY TO SPECIFICALLY DELETE THE PROPERTY
FROM THE EXHIBIT TO ORDINANCE NO. 2005-016 (EXHIBIT
"A") WHICH IS SUBJECT TO THE RESTRICTIONS OF THE
ORDINANCE DESCRIBED IN EXHIBIT "1" HERETO
WHEREAS, on August I 6, 2005, the Board of County Commissioners of St. Lucie County,
FIorida ("Board") adopted Ordinance No. 2005-0 I 6 known as the "Stop Gap" Ordinance; and
WHEREAS, the Board desires to delete the property described in Exhibit" I attached hereto
from the property described in Exhibit "A" to Ordinance No. 2005-0 I 6.
WHEREAS, the County Loca] Planning Agency has reviewed the Ordinance and has determined
that the Ordinance is 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:
PART A.
Section 2 of Ordinance No. 2005-0 I 6 is hereby amended to read as follows:
Section 2.
Postponement; Applicability.
A. During the time that this Ordinance IS in effect, as specified in Section 7 below, no
appIications for comprehensive plan IJ.mendments, amendments to the Official Zoning Atlas, or
deveIopment orders, as that term is defined in Section I 63.3 I64, Fla. Stat., concerning deveIopment 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" (but excluding the property described in Exhibit "I attached) 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 alJowed
under the County Comprehensive Plan and Land Development Regulations now in effect.
B. That notwithstanding anything to the contrary above, the postponements of this ordinance
shall not apply to:
1. 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.
PART B.
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
Vice Chairman Chris Craft
Commissioner Joseph E. Smith
Commissioner Paula A. Lewis
Commissioner Frannie Hutchinson
xxx
XXX
XXX
XXX
XXX
PASSED AND DULY ADOPTED this _ day of
,2006.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk
Chairman
APPROVED AS TO FORM AND
CORRECTNESS
County Attorney
THE NORTHWEST t OF THE SOUTHEAST t OF SECTION 36, TOWNSHIP 34 SOUTH, RANGE 39
EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT ALL RIGHTS-OF-WAY FOR ROADS AND
DRAINAGE CANALS.
AND
THE NORTHEAST t OF THE SOUTHWEST t OF SECTION 36, TOWNSHIP 34 SOUTH RANGE 39
. '
EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT ALL RIGHTS-Of-WAY FOR PUBLIC ROADS
AND DRAINAGE CANALS.
AND
THE SOUTHWEST t OF THE SOUTHEAST t Of SECTION 36, TOWNSHIP 34 SOUTH, RANGE 39
EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT ALL RIGHTS-OF-WAY FOR PUBLIC ROADS
AND DRAINAGE CANALS.
THE SOUTHEAST t OF THE SOUTHWEST t Of SECTION 36, TOWNSHIP 34 SOUTH, RANGE 39
EAST, ST. LUCIE COUNTY, FLORIDA; LESS THE RIGHT-OF-WAY FOR THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT CANAL C-25 AND PUBLIC ROADS.
AND
36 34 39 NE 1/4 OF SE 1I4-LESS FROM SE COR OF NE 114 OF SE 114 OF SEC RUN N 00 31 06 E 60
FT,TH N 89 28 54 W 40 FT TO WLY RD R/W LI OF KEEN RD AND POB;TH CONT N 89 28 54 W 265
FT,TH N 00 31 06 E 357.30 FT,TH S 89 28 54 E 65 FT,TH N 00 31 06 E 82 FT,TH N 89 28 54 W 65
FT,TH N 003106 E 185 FT,TH S .89 28 54 E 265 FT TO WLY RD R/W LI OF KEEN RD,TH S 00 31 06 W
ALG WLY R/W LI 624.30 FT TO POB AND LESS CANAL AND RD R/W- (32.07 AC) (OR 2427-808)
AND
36 34 39 FROM SE COR OF NE 1/4 OF SE 1/4 OF SEC RUN N 00 31 06 E 60 FT,TH N 89 28 54 WAO FT
TO WLY RD R/W LI Of KEEN RD AND POB;TH CONT N 89 28 54 W 265 FT,TH N 00 31 06 E 357.30
fT,TH S 89 28 54 E 65 FT,TH N 00 31 06 E 82 FT,TH N 89 28 54 W 65 fT,TH N 00 31 06 E 185 fT,TH
589 28 54 E 265 fT TO WLY RD R/W LI OF KEEN RD,TH 5003106 W ALG WLY R/W LI 624.30 fT
EXHIBIT
1/1//
Proposed Stop Gap
Boundary Amendment Area
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Current limits of Stop Gap Ordinançe
lOrd 05-016
LEGEND
~ Area to be removed from Stop Gap Ordinance
AGENDA REQUEST
ITEM NO.6
DATE: March 21, 2006
REGULAR [X]
PUBLIC HEARING 0
CONSENT 0
TO:
Board of County Commissioners
SUBMITTED BY (DEPT): Administration
SUBJECT: Department of Homeland Security National Bio and Agro-Defense Facility
(NBAF): Notice of Request for Expression of Interest for Sites for the NBAF.
BACKGROUND: Please see attached memorandum
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff is requesting authorization to issue an expression of interest as a
potential site for the NBAF.
COMMISSION ACTION: CONCURRENCE:
~ APPROVED
o OTHER:
o DENIED
Approved 5-0
Review and Approvals
County Attorney: Management & Budget:
Originating Dept: Other:
Finance: (Check for Copy only, if applicable)
Purchasing:
Other:
Effective: 5/96
COUNTY ADMINISTRATION
FROM:
Douglas M. Anderson,
MEMORANDUM
06-37
TO:
Board of County Com
DATE:
March 21,2006
RE:
Homeland Security Request for Expressing of Interest for Potential Site for
the National Bio and Agro-Defense Facility
Approximately two weeks ago I was made aware of a Department of Homeland Security
Notice of Request for Expression of Interest for a potential site for the National Bio and
Agro-Defense Facility (NBAF). The following week Commissioner Hutchinson and I met
with Dr. Edwin Massey of Indian River Community College (IRCC) and Dr. Calvin Arnold of
United States Department of Agriculture to discuss the Notice of Request for Expression of
Interest. Following those meetings, Dr. Massey formed a committee consisting of the St.
Lucie County School District, University of Florida, Florida Atlantic University, Indian River
Community College, the United States Department of Agriculture, the Research &
Education Park Authority, Economic Development Council, Workforce Development Board,
Core Communities and others to outline the requirements to respond to this request, which
is due in writing by March 31st. The facility, see attachment, would be approximately
500,000 square feet and require a minimum of 30 acres and would support "the growing
concerns about accidental or intentional introduction of foreign animal diseases into this
country". The facility would employ 250 to 300 people and if a request for expression of
interest is filed, this facility would be sited on the Research & Education Park property
currently owned by the County. Staff is requesting authorization to issue an expression of
interest as a potential site for the NBAF. We have been informed that we would be
competing with 40 other states for location of this facility. The facility would be a great
match for the Research & Education Park. I have attached a copy of the January 19, 2006
Federal Register, which announced this project and also background information provided
by Homeland Security. Because of the deadline of this application the team is currently
assembling the 20 pages to respond to this request.
DMAlms 06-37
c: Ray Wazny, Assistant County Administrator
Faye Outlaw, Assistant County Administrator
Dan Mcintyre, County Attorney
Larry Daum, Tourism and Economic Development Manager
Robert Nix, Growth Management Director
--------
~
DEPARTMENT OF HOMELAND
SECURITY
National Bio and Agro-Defense Facility
(NBAF)j Notice of Request for
expression of Interest for Potential
Sites for the NBAF
AGENCY: Science and Technology
Directorate (Office of Research &
Development), DHS.
SUMMARY: The U.S. Department of
Homeland Security (DHS) is exploring
potential sites for a proposed new
national research and development
(R&D) asset, the National BiD and Agro-
Defense Facility (NBAF) , which is in the
planning phase. The proposed facility
size is approximately 500,000 ft2 and its
site will require a minimum of 30 acres.
3108
Federal Register/Vol. 71, No. 12/Thursday, January 19, 2006/Notices
DHS is requesting Expressions of
Interest from Federal agencies, State and
Local governments, industry, academia,
interested parties and organizations for
potential locations that would
accommodate the construction and
operation of the NBAF. A consortium
could be an appropriate respondent.
DHS will ultimately compile a short
list of sites for analysis as reasonable
alternatives to be considered in a
National Environmental Policy Act
(NEP A) Environmental Impact
Statement (EIS) , which will assess the
environmental impacts of constructing
and operating the NBAF facility at the
various alternative sites.
DHS currently expects to publish a
Notice oflntent (NOl) to prepare an EIS
in the fall of 2006, at which time the
public will have the opportunity to
comment on the scope of the analysis.
DATES: Interested parties wishing to
make an Expression of Interest should
do so in writing by March 31, 2006 to
ensure their consideration.
ADDRESSES: Please submit Expressions
of Interest to: Department of Homeland
Security, 245 Murray Lane SW., Bldg.
410, Attn: Glynis Fisher, Washington,
DC 20528. For FEDEX, UPS, DHL, etc.
deliveries use the mailroom phone
number 202-772-9747.
FOR FURTHER INFORMATION CONTACT:
Glynis Fisher bye-mail at glynis.
fisher@dhs.govor by fax to 202-205-
3204.
SUPPLEMENTARY INFORMATION:
Background
Development of an integrated,
national bio and agro-defense strategy
has revealed that the current national
bio and agro-defense capabilities are
inadequate to meet future research
requirements supporting both
agricultural and public health national
security. Forei~ animal disease stud~s,
public hemth teats ITom emergm ,
-:t'11 ~onsequence zoono lC pa 0Jens,
an e need tor development an
licensure ot medIcal countermeasures,
are generatmg additional demands for
biocontainment laboratory space.
Current laboratory space available in the
U.S. is not sufficient to support the
increasing levels of research,
development. and testing needed to
meet th¡¡ ~owing concerns about
accidenta or mtentIOnal mtroduction of
'1õfelgn animal diseases into this
t:Oumry. AdditIOnal capability and
c1rpm!ity are also needed for high-
consequence zoonotic disease
countermeasures research and
development and medical
countermeasure testing and evaluation.
Why a New Facility? The proposed
NEAF is an integrated humm, for~gn
animal;'"mcl-zoonotlc cllsease research,
. ~Ìé~opment md testin~ facilitv that
WItt ~uPPor ~e comPlementr
mIssIons 0 e Department 0
Homelmd Security (DHS), the
Depilrtment of Human Health md
Services (HHS) md the United States
Department of Agriculture (USDA).
NEAF would provide new research,
development. 1;!1sting and evaluation
infrastructure that will allow tor
- ~earch to enhmce agnculturl!Ím-È
ublic heal This capability is needed
. to a critical gap in the nation's agro
~oaetense plan.
proposed NtlM'ís envisioned to
provide the nation with the first
integrated agricultural, zoonotic disease,
and public health research,
dêfrelopment, testing. and evaluation
facility with the capability to address
threats from human pathogens, high-
consequence zoonotic disease agents,
and foreign animal diseases. The NEAF
would enhance the national bio-defense
complex by modernizing md integrating
agriculture biocontainment laboratories
for foreign animal disease, human
pathogens, and zoonotic diseases and
could require Biosafety Level (BSL) 3
Agricultural md BSL 4 laboratory
spaces. It would also provide the
additional infrastructure required for
threat and vulnerability assessments
and for testing md evaluating promising
foreign animal disease countermeasures.
Currently, the Plum Islmd Animal
Disease Center (PIADC) provides the
only U.S. research and confirmatory
diagnostic capability for high-
consequence foreign mim.al diseases. It
is alsG the only laboratory in the U.S.
equipped with research facilities that
permit study of these diseases in
livestock, such as cattle, sheep md
swine. Recognizing that protecting the
agricultural infr cture IS a cntIcal
emen 0 our Nation's omelmd
ecurlty. e orne an SecurI C of
ans erre e ownership 0 e
PlADC from the United States
Department of Agriculture (USDA) to
the DHS. While DHS now has
responsibility for operating PlADC. both
DHS and USDA conduct programs there
as part of an integrated agro-defense
strategy. The proposed NBAF would
replace the existing PlADC facility and
enhance capabilities to meet the
mandated national bio md agro-defense
mission requirements ofDHS. HHS md
USDA. Request fDr Expression Df
Interest: DHS requests Expressions of
Interest from Federal agencies. State and
Local governments, industry. academia,
interested parties and organizations to
identify potential sites with the
capabilities needed to host the NBAF
facility. A consortium could be an
appropriate respondent. NBAF is the
proposed new facility and is in the
planning phase. All viable options will
be evaluated for the location of the
facility (i.e., Federal government
property, Federal research property,
land deeded to the government, long-
term lease, commercial site, etc.).
This request for expression of interest,
published in today's Federal Register, is
the first step in the process to consider
site options for the NEAF.
DHS will evaluate each EOl
submission using 4 site criteria
categories (research capabilities,
workforce. acquisition/construction/
operating md community acceptance)
to determine if it should be further
evaluated as part of the site planning
process.
Research capabilities includes
proximity to: (a) Existing research
programs [medical/veterinary/
agriculture] that cm be linked to NBAF
mission requirements, (b) strength and
breadth of scientific communitv and
infrastructure. (c) ability of the "proposed
site and surrounding community to
absorb additional research programs and
infrastructure, (d) experience of existing
research programs with BSL3 and/or 4
agents, (e) proximity to other related
scientific programs and research
infrastructure, md (f) proximity to
vaccine industry capability.
WDrkfDrce includes proximity to the
following: (a) Critical mass of
intellectual research capacity, (b)
recruiting opportunities for research
staff, (c) local labor force availability for
operations staff with expertise in
operating a biocontainment facility, and
(d) capability to meet mutual aid
(police/fire/hospital) requirements to
operate facility and be able to meet
physical security requirements for a
BSL3/4 facility.
Acquisibon/cDnstrucäon/Dperauons
includes: (a) Lmd acquisition/
development potential to locate the
facility. (b) access to the site by
highways md proximity to international
airports. (c) environmental
compatibility with the intended use of
the site, (d) adequate utility
infrastructure to support operations of
facility, and (e) availability oflocallabor
force for construction.
CDmmunity acceptance includes
letters of support for locating NBAF at
the site (Le., local and state
governments, national and local
agricultural producer and commodity
stakeholders, industry. academia, etc.).
DHS requires the follDwing
informatiDn fDr each proposed NBAF
locatiDn:
Federal Register /Vol. 71, No. 12/Thursday, January 19, 2006/Notices
3109
1. A description of your consortium/
organization, its capabilities to support
the location of the NBAP at its
recommended site, and its interest in
the DHS's NBAF program.
2. Letters of support for locating the
NBAF facility at the site (Le., local and
state government. academia, industry,
etc.).
3. A description of how the potential
site addressed the four site criteria
categories (research capabilities,
workforce, and acquisition/
construction/ operating) described
above.
4. A map showing the location of the
potential site, nearby (within 10 miles)
political boundaries, demographics and
characteristics of surrounding
communities (within 10 miles),
historical and cultural resources on site
and contiguous to property, roads,
railroads, airports, water bodies,
parkland or other environmentally
sensitive areas, and ecological
characteristics of site.
5. A site description including
ownership, total site acreage and
acreage available for development
(minimum 30 acres for NBAF facility);
existing physical infrastructure
including number of structures, their
size, vintage and current use; current
activities; on-site tenants (if applicable);
estimated cost as tenant, access control
systems; bioagent and hazardous
materials handling at the site; waste
management activities and capabilities
for solid and liquid waste; previous
regulatory compliance problems and
past/current environmental concerns/
contamination and clean up.
6. Availability/access to utilities
(electric. water, steam, chilled water,
distilled water) at the site for state-of-
the-art biocontainment laboratory.
7. Safety and occupational health, risk
management and environmental
surveillance at the site.
Expression of Interest Format: The
length of the Expression of Interest
should be no more than 20 pages (letters
of support do not count against page
limit) using 12-point font. While the
responder may determine how best to
use the 20 pages, we recommend the
following format: SECTION 1-
Summary; SECTION 2-Description of
location with specific reference to the 7
items requested by DHS above;
SECTION 3-Discussion of the site
criteria categories related to state-of-the-
art biocontainment laboratories or
operations of similar complexity. When
describing similar work that has been
performed, include the name of the
organization. contract number if
applicable, and name and telephone
number of the organization's point of
contact and contracting officer, as
applicable.
Proprietary Information: If the
Expression of Interest contains
information that the submitter believes
is privileged or confidential, the
appropriate portions of the submission
should be marked "Proprietary
Information." This restriction does not
limit the Government's right to use or
disclose data obtained without
restriction from any source, including
the respondent.
Submission: Submissions received
after the closing date will not be
considered. Each submittal (with full
contact information: name, address,
phone, fax and e-mail) should consist of
an original plus three photocopies, and
DHS also requests that the submittal
include an electronic version of all
materials, preferably in PDF format.
DHS will not consider attachments or
appendices. Faxed or e-mailed
submissions will not be accepted.
Respondents may submit written
questions within 20 business days of
this notice being published. Questions
may be submitted bye-mail to
glynis.fisher@dhs.gov or by fax to 202-
205-3204. The responses to frequently
asked questions, any other significant
questions and any amendments or
corrections to the EOI will be posted on
the NBAF Planning and Outreach Web
site at www.dhs.gov/nbaf.
DHS is under no obligation to pay for
any costs associated with the
preparation or submission of
Expressions of Interest in response to
this notice. DHS reserves the right to
respond or not respond to any portion,
all, or none of the Expressions of
Interest submitted in response to this
Notice. Responders whose submissions
are deemed worthy of further
consideration given the criteria
expressed herein may be asked to
provide additional information. DHS's
further consideration of certain
Responders' Expressions of Interest does
not obligate DHS to provide funds to
such Responders or to enter into
contractual relationships with such
Responders.
Dated: December 28,2005.
Maureen I. McCarthy,
Director, Office of Research and Development,
Department of Homeland Security.
[FR Doc. E6-512 Filed 1-18-06: 8:45 amI
BILLING CODE 441O-1O-P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[DH5-2005-Ð054]
Privacy Act of 1974; Systems of
Records
AGENCY: Privacy Office; Department of
Homeland Security.
ACTION: Notice of Privacy Act system of
records.
SUMMARY: The Bureau of Customs and
Border Protection proposes to revise its
system of records for collecting carrier,
broker and importer/exporter account
information to both update the system
and to add as a category of records the
customs declarations that postal mailers
are required to complete for
international mail transactions.
DATES: The new system of records will
be effective February 21, 2006 unless
comments are received that result in a
contrary determination.
ADDRESSES: You may submit comments,
identified by DHS-2005-0054, by one of
the following methods:
· Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments
via docket number DHS-2005-D054.
· Fax: 202-572-8727.
· Mail: Comments by mail are to be
addressed to the Regulations Branch,
Office of Regulations and Rulings.
Bureau of Customs and Border
Protection, 1300 Pennsylvania Avenue,
NW. (Mint Annex), Washington. DC
20229. Comments by mail may also be
submitted to Maureen Cooney. Acting
Chief Privacy Officer, Department of
Homeland Security, 601 S. 12th Street,
Arlington, VA 22202-4220.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. AU
comments received will be posted
without change to http://
www.regulations.gov, including any
personal information provided. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
"Public Participation" heading of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket to
read background documents or
comments received, go to http://
www.regulations.gov. Submitted
comments may also be inspected during
regular business days between the hours
of 9 a.m. and 4:30 p.m. at the
Regulations Branch, Office of
Regulations and Rulings. Bureau of
I
Homeland .
Security
!! F'F:lrH
National Bio and Agra-Defense Facility )~"¡/I¡"
The National Bio and Agro-Defense Facility will research high-consequence biological threats
involving human, zoonotic (Le., transmitted from animals to humans], and foreign animal
diseases.
Background
Homeland Security Presidential Directive 9 identified the need for "safe, secure, and state-of-the-
art agriculture biocontainment laboratories that research and develop diagnostic capabilities for
foreign animal and zoonotic diseases." Although the Plum Island Animal Disease Center
(PIADC), owned and operated by the Department of Homeland Security and the Department of
Agriculture, currently performs much of this research, at present there are no facilities in the
United States that have adequate containment, security, equipment and infrastructure to meet the
requirements identified in Presidential Directive 9. To meet this need, the Department of
Homeland Security and its federal partners initiated plans for a National Bio and Agrodefense
Facility (NBAF).
Enhancing Security and Research Capacity
The NBAF will enhance bio-defense by modernizing and integrating high-security facilities, thus
enhancing our nation's capacity to assess potential threats to humans and animals alike. The
NBAF will:
· integrate those aspects of public and animal health research that have been determined
to be central to national security;
· assess and research evolving bioterrorism threats over the next five decades; and
· enable the Departments of Homeland Security, Agriculture (USDA), and Health and
Human Services (HHS) to fulfill their related homeland defense research, development,
testing, and evaluation (RDT&E) responsibilities.
The NBAF will address RDT&E responsibilities by:
· serving as a unique Biosafety Level (BSL) 3 and BSL 4 livestock laboratory capable of
developing countermeasures for foreign animal diseases that are currently investigated at
the aging Plum Island Animal Disease Center (PIADC) (USDA, DHS);
· providing advanced test and evaluation (T&E) capability for threat detection, vulnerability,
and countermeasure assessment for animal and zoonotic diseases (DHS); and
· supporting licensure of vaccine countermeasures developed by Bioshield (HHS, DHS)
through essential animal model testing and evaluation.
Information for Potential Respondents
Next Steps and Public Involvement
Public Notices
Federal Register: Reauest for Expressions of Interest (PDF, 3 pages - 73 KB)
Resources
· Biodefense for the 21 st Century
· Defense of United States' Aariculture and Food. HSPD-9
· Animal and Plant Health Inspection Service
· Proiect Bioshield. Department of Health and Human Services
More on DHS.gov
· Fact Sheet: National Bio and Aaro-Defense Facilitv
· Fact Sheet: Plum Island Animal Disease Center
Contact Us
Department of Homeland Security
245 Murray Lane, SW Bldg 410
Washington, DC 20528
We would like to hear from you. If you have comments on the NBAF program or would like to be
added to our mailing distribution list, please write or email us at nbafproarammanaaer(â>.dhs.Qov.
If you would like to be added to our mailing list, please provide the following information:
Full Name (salutation, first, and last)
Title and Organization (as appropriate)
Mailing Address (streeUpost office box, suite/apartmenUmail stop, city, state, and zip code)
I
Homeland
Security
.
Information for Potential Respondents
National Bio and AQro-Defense Facilitv» Information for Potential Respondents
Homeland Security will work closely with USDA and HHS throughout the NBAF planning process,
which will also include ongoing consultation with other key stakeholders including professional
societies and industry groups. A team of experienced Federal project managers will be selected
to oversee the entire project from the conceptual design study through construction.
Ownership and Operations
The NBAF can be a government-owned, government-operated or government-owned contractor-
operated facility. The NBAF facility and physical infrastructure will be owned by the U.S.
Department of Homeland Security. The land on which the NBAF resides can be federal
government property or other property that can be deeded to the Federal government, used by
the Federal government under a long-term lease, or other property upon which the Federal
government can secure operation rights. At this point, the NBAF is envisioned to be a new,
stand-alone facility, but DHS will consider altemative proposals.
It is currently anticipated that approximately 250 full-time staff would be employed at the NBAF,
which does not take into account visiting research staff. The upcoming conceptual design process
will provide a better estimate of both facility construction and operational requirements, including
employment levels.
Expression of Interest
On January 19, 2006 (71 FR 3107), the Department issued a request for Expressions of Interest
(EOI) (PDF, 3 Pages, 354 KB) from Federal agencies, State and local governments, industry,
academia, interested parties and organizations capable of hosting the NBAF. DHS will evaluate
each EOI submission using four site criteria categories: research capabilities; workforce;
acquisition, construction and operation; and community acceptance. These criteria are explained
in greater detail in the EOI request posted in the Federal Register.
Request for Proposals
A Request for Proposals (RFP) for an organization to perform a conceptual design study will be
the next step, to be completed in 2006. An interagency working group composed of subject
matter experts from the agencies that will occupy the facility will determine the programmatic
requirements for the NBAF. The organization conducting the conceptual design study will
incorporate these programmatic requirements into the facility design. The results will be reviewed
by the interagency working group to support a decision on the programs to be served by the final
design.
How to Respond: FreQuentlv Asked Questions
More on DHS,gov
· Public Meetinas
· Fact Sheet: National Bio and Aaro-Defense Facilitv
· Fact Sheet: Plum Island Animal Disease Center
I
Homeland
Security
'___m··...·.·....·........·..·.....·
.
How to Respond: Frequently Asked Questions
National Bio and Aaro-Defense Facility» Information for Potential Respondents» How to
Respond: Frequently Asked Questions
REMINDER: Prospective respondents to the request for Expressions of Interest have 20
business days to submit written questions (the closing date for written questions is
Thursday, February 16,2006).
1. Question: With respect to the letter of expression of interest, can you please acquaint me with
what kind and how much information should be included at this time? Are there some guidelines
you could provide beyond that?
Response: DHS will evaluate each EOI submission using the 4 site criteria categories (research
capabilities, workforce, acquisition/construction/operating and community acceptance) cited in the
EOI. Information is required on the 7 items listed in the EOI (i.e., description of consortium,
letters of support, etc.). Any page which contains technical information is included in the 20-page
limit. Therefore, you do not need to count tabs, tables of contents, title sheets and indices or
maps attached to the main EOI response.
2. Question: Is there any prohibition against a national laboratory being a member of a
consortium responding to the Request for Expressions of Interest for the NBAF? The question is
posed as national labs were not specifically mentioned in the request as potential respondents.
Response: National labs could be a member of a consortium responding to the Expression of
Interest.
3. Question: If a consortium would like to submit more than one site should a complete EOI be
submitted for each site or should information for all sites be submitted in one EOI within the 20
page limit? Can the plan include more than one proposed site realizing that within the 20-page
limit each site would need to be justified and prioritized?
Response: Each site requires its own submission. A consortium may propose more than one
site, but each site must be submitted separately.
4. Question: We want to include economic impact information as part of our effort to
disseminate information to the public and to gain the public's support for the project. To that end:
What is the estimate of the probable annual payroll for the facility?
Response: At this stage of definition, the payroll has not been determined.
5. Question: Is DHS willing to have a pre-application F&Q session with members of the
consortium to answer questions related to the application process?
Response: There is not a pre-application meeting planned.
6. Question: What is the likely staffing plan for the facility, listed with pay grades and pay
scales? How many positions at the NBAF are expected to be filled by managers, scientific staff
(by area of interest; i.e., microbiologists, chemists, etc) , clerical staff, building maintenance staff?
Response: It is currently anticipated that 250-300 full-time research and support staff would be
employed at the NBAF. This number does not take into account visiting research staff. It is
expected that no more than 70-80 percent of the NBAF would be "laboratory space" per se based
on current planning requirements. The forthcoming conceptual design process will provide a
better estimate of both facility construction and operational requirements including employment
levels.
7. Question: Is BSL 3 required only for investigating infectious agents of food animals? Is the
BSL 4 required only for laboratory work and not for animal accommodation? In other words, no
human pathogens will be used for these BLS3 and BSL4 facilities, only for agricultural diseases?
Response: The interrelated Homeland Security missions of the three Departments (DHS, HHS
and USDA) all require new research and development infrastructure that can accommodate
extensive testing with a variety of animal models. The proposed NBAF is envisioned to provide
the nation with the first integrated agricultural, zoonotic disease and public health research,
development, testing and evaluation facility with the capability to address threats from human
pathogens, high-consequence zoonotic disease agents, and foreign animal disease. A further
breakdown of use and floor space requirements has not been determined.
8. Question: Will the location of the new facility also bring an established workforce from the
current DHS facility at Plum Island?
Response: It is anticipated that existing programs at PIADC would transfer to the new facility.
Currently, at the Plum Island Animal Disease Center (PIADC), the USDA performs both basic
and applied research to develop countermeasures (vaccines, therapeutics, diagnostics), as well
as, operational responsibilities for foreign and emerging animal diseases, e.g., testing of imported
products, training of veterinarians, diagnostic evaluation of samples.
Simultaneously, DHS focuses on targeted advanced development of promising counter-measures
and, in conjunction with private industry, speeds their evaluation for potential rapid deployment for
foreign animal diseases (FAD). DHS is placing greater emphasis on rapid diagnostic
development, threat assessment, bioforensics, and countermeasures such as vaccines and
antivirals for the highest consequence agent - the Foot and Mouth disease virus.
9. Question: Below is an excerpt from Dr. Maureen McCarthy's testimony to the Senate on July
20 2005. Dr. McCarthy (Director, Office of Research and Development, Department of Homeland
Security) makes reference to a study--NATIONAL BIO AND AGRODEFENSE FACILITY.
"PIADC is a unique and critical facility for the nation's foreign animal disease defense and
celebrated its 50th anniversary in 2004. Thus, the facility is now well beyond its originally planned
life span, and is in need of recapitalization. In FY 2005, the S&T Directorate is funding a
conceptual design study for a next-generation facility, the National Bio and Agro-defense Facility
(NBAF). The goal of this study is to determine the programmatic drivers for the necessary size
and scope of the facility and the research and development to be conducted there." Was that
study done? If so is it available? How would I obtain a copy? Would I need to file a FOIA
request?
Response: This study has not been done yet. The conceptual design study will be initiated later
this year.
10. Question: Could a BRAC site be a possible location for the NBAF?
Response: A Base Realignment and Closure (BRAC) site could be an appropriate site for the
NBAF. We recommend that community support letters (local and state governments) be included
with any proposal involving a BRAC site.
11. Question: Can any entity respond to the Request for Expressions of Interest for the NBAF?
Is there any prohibition against a national laboratory being a member of a consortium responding
to the EOI?
Response: Any entity can respond and should identify the level of community support (Le., local
and state governments, national and local agriculture producer and commodity stakeholders,
industry, academia, etc.). National labs could be a member of a consortium responding to the
EOI.
12. Question: Will DHS take into consideration cost sharing opportunities?
Response: DHS strongly encourages cost sharing including cost sharing in kind from state and
local jurisdictions that could be applied toward construction and operations of the NBAF.
13. Question: Will DHS consider the option of building the new facility at Plum Island without a
proposal from an outside source or consortium recommending the site?
Response: Yes, Plum Island has been from the beginning one of the options for siting the
NBAF. Three options are still being considered: To retain the PIADC at its present BSL-3 and
scope of work, and recapitalize to meet 21st century laboratory standards; upgrade the PIADC to
meet the requirements for an interagency facility with BSL-4 working spaces; or request
permission to construct a new facility elsewhere in the United States.
14. Question: Since PIADC is now owned by DHS, could a proposal be submitted by another
source recommending the NBAF be built at Plum Island?
Response: Yes, a consortium might be formed to provide a strong Expression of Interest
supporting Plum Island as the site of the NBAF.
15. Question: Will the evaluation of proposals take into account the cost of decommissioning
Plum Island if another site is selected?
Response: No decision or selection has been made at this point. While no decision has been
reached and the response to the request for EOI has not yet closed, it should be pointed out that
PIADC is at its half-century and is becoming increasingly costly to maintain. Even if the NBAF
were located on Plum Island, the current PIADC facility would need to be decommissioned.
Whatever the solution, a carefully considered process will be initiated to assess all of the options
and identify a "best use" solution for Plum Island.
16. Question: Does the EOI include the activities for the design and construction of the NBAF
facility?
Response: No. The EOI is only intended to explore and evaluate potential sites for the NBAF
and will not include evaluation of NBAF facility design and construction contractors. The
solicitation for the selection of AE firms (for design) and construction firms (for construction) will
be conducted by DHS independently and separately from the EOI process
17. Question: What do you mean by "proximity" to "international airports?" Do you mean an
airport with customs facilities? Do you have a list of the types of permits (environmental
requirements) you need? Clarify "access to highways?" Can you provide any breakout by position
and any indication of the number of employees? By proximity to vaccine industry capability, you
are referring to vaccine research capability or vaccine manufacturing capability, or both? Clarify
proximity to research infrastructure.
Response: DHS will review each application on its own merits against the criteria stated in the
EOI. All viable options will be evaluated for the location on the NBAF.
18. Question: Are specific federal agenciesllaboratories able to be included in an EOI as
indicated in the Federal Register? If yes, who do we contact to form potential partnerships with
specific federallaboratories/agencies? What is the mechanism to contact the appropriate person?
Response: Yes, it is incumbent on the respondent to develop the partnership(s) supporting their
EOI.
19. Question: Given the NBAF mission area, is it anticipated that the site would need to
accommodate outdoor grazing and conventional animal care and storage facilities (e.g. stables;
pens) for animal storage preparatory to their use in research? If so, what is the expected number
of animals that would need to be accommodated, and would such storage necessarily be on site
or (alternatively) could it be nearby in a non-contiguous area? What is the estimated usage for
that land (minimum of 30 acres), in terms of building footprint, parking lots, buffer, support
buildings, and animal grazing and storage? Would the government see it to its advantage an
offering of greater than 30 acres? Given the size and unprecedented mission for NBAF, what are
the estimated needs for power (kW), water supply, sewage handling? The EOI implies the need
for distilled water as a supplied utility. Is that the intent? Can the government elaborate on the
criteria that as part of the research capabilities, factor proximity to vaccine industrial capability as
important.
Response: Specific facility and infrastructure requirements have not been determined. The
forthcoming conceptual design process will provide a better estimate of both facility construction
and operational requirements.
20. Question: Will special consideration be given to previously designated DHS centers of
excellence, etc?
Response: No, DHS will review each application on its own merits against the criteria stated in
the EOI. All viable options will be evaluated for the location of the facility.
21. Question: Is it necessarily the case that all of the facility will be built in one place? Might it be
divided into two or three places?
Response: It is not currently envisioned that the facility will be built as separate buildings in
different locations. Rather, the facility will be a single facility (with necessary support facilities)
within an approximate 30 acre area.
22. Question: How important is community acceptance to an institution's chance of winning the
competition for the NBAF? Would an expression of interest from Boston, for instance, be viewed
negatively as a result of the controversy there about the BSL-4 lab at Boston University?
Response: As stated in the EOI, community endorsement of the project is one of the criteria that
will be considered. Clearly, having a strong and consistent level of endorsement in a candidate's
application is advantageous.
23. Question: Is this procurement being run solely by DHS and what, if any, other federal
agencies or individuals are involved in the decision-making process?
Response: The EOI is not a procurement. It is a method to explore potential sites for the NBAF.
24. Question: Will the Government consider a build-to-suit for lease on a site owned or leased by
a private sector property developer?
Response: All viable options will be evaluated for the location of the facility.
25. Question: Does the Government have any preference on how the site is obtained (i.e.,
Government purchase of land, Government long-term building lease, Government long-term
ground lease etc?).
Response: DHS will consider and evaluate all viable options for how the site is obtained.
26. Question: Does the Government have funding set aside for this project?
Response: DHS was appropriated $23M in FY06 to develop the NBAF project. Specific funding
for construction has not yet been appropriated.
27. Question: Does the Government intend to enter into joint research projects with universities
(CRADA's)?
Response: At this stage, this has not been determined.
ent of this facility and when does
e facility will be operational in
29. Q stion: Is the DHS going to run a separate procurement for the development / construction
is facility?
Response: DHS plans to issue separate competitive procurements for the design and
construction of the NBAF.
30. Question: Does the Government intend to select the NBAF's location prior to selecting a
method of acquiring the facility (such as through assignable purchase option, developmenUlease
from private sector, purchase) or does the Government intend to select the NBAF location based
on a combination of geographic criteria and the offeror's proposal for how the facility would be
acquired?
Response: The EOI was issued for DHS to explore potential sites for the NBAF. The method of
acquiring the facility will be handled under a separate competitive procurement for the design and
construction of the NBAF.
31. Question: Will there be the ability to request an extension of time, to submit after the March
31, 2006 deadline?
Response: DHS has no plans to extend the March 31,2006 deadline for EOI submissions.
32. Question: What will be the mode of governance and/or who will be responsible for identifying
research topics, prioritizing research programs and managing NBAF operations?
Response: NBAF could be a government-owned government-operated (GOGO) or government-
owned contractor-operated (GOCO) facility. A decision will be made at a later date.
33. Question: Will DHS declare that any research related to developing or preparing biological
warfare agents will never be allowed?
Response: DHS conducts all of its biological agent research in full-compliance with the
regulations governing such work in the Biological Weapons Convention (BWC) and other
applicable laws and regulations. The BWC explicitly bans the production of biological agents for
hostile purposes or armed conflict.
34. Question: How will continual public transparency of NBAF operations be accomplished?
Response: The public will be able to provide comments during the National Environmental Policy
Act (NEPA) process, which will start when enough facility information exists to begin the NBAF
site selection. A Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS) would
be published at the start of this process and DHS would hold public meetings in the impacted
communities to solicit public input on the scope and content of the EIS. The EIS would analyze
the potential environmental impacts of a range of reasonable alternatives for constructing and
operating the NBAF.
35. Question: Will DHS be solely responsible for the architectural and engineering design,
construction and commissioning of the NBAF?
Response: An interagency working group composed of subject matter experts from the
occupying agencies will determine the programmatic requirements for the new facility. These
programmatic requirements will be incorporated into the facility design by the Architect
Engineering firm selected by DHS to design the NBAF. DHS will also competitively select the
construction firm that will be responsible for building and commissioning the NBAF.
36. Question: What is the future of Plum Island as a resource to the Federal Government if a
new facility is not constructed on Plum Island?
Response: No decision or selection has been made at this point on the future of Plum Island.
While no decision has been reached and the response to the request for EOI has not yet closed,
it should be pointed out that the Plum Island Animal Disease Center (PIADC) is 50 years old and
is becoming increasingly costly to maintain. Even if the NBAF were located on Plum Island, the
current PIADC facility would need to be decommissioned. Whatever the solution, a carefully
considered process will be initiated to assess all of the options and identify a "best use" solution
for Plum Island.
I
.';'¡'~~ ~\ Homeland
, Security
Fact Sheet: National Bio and Agro-Defense Facility
The U.S. Department of Homeland Security (DHS) is leading a requirements analysis process to
identify a next-generation biological and agricultural defense facility to replace the important but
aging facility at Plum Island, New York. The Plum Island Animal Disease Center (PIADC) is an
essential component of the national strategy for protecting U.S. agriculture from a bioterrorist
attack involving the intentional introduction of foreign animal diseases such as foot-and-mouth
disease, as described in the Homeland Security Presidential Directive, "Biodefense for the 21st
Century."
The Plum Island facility was built in the 1950s and is nearing the end of its lifecycle, and the
Homeland Security mission requires replacing PIADC with a new facility. The President's FY06
budget requests $23 million for the needs assessment and design process for a new National Bio
and Agro-defense Facility (NBAF). In addition to agricultural and animal studies, public health
threats from emerging high consequence zoonotic pathogens and the development and licensure
of medical countermeasures are generating additional demands for biocontainment laboratory
space. DHS is working closely with the U. S. Department of Agriculture and the U.S. Department
of Health and Human Services to evaluate future needs in the context of this new national facility.
Why a New Facility?
Recognizing that protecting the agricultural infrastructure is a critical element of our Nation's
homeland security, the Homeland Security Act of 2002 transferred the ownership of the Plum
Island Animal Disease Center from the U. S. Department of Agriculture (USDA) to the newly
formed Department of Homeland Security (DHS). PIADC is the Nation's designated facility for
studying and responding to foreign animal diseases such as foot and mouth disease and classical
swine fever. While DHS now has responsibility for operating PIADC, both DHS and USDA
conduct programs there as part of an integrated agro-defense strategy.
As our Nation evaluates future research requirements in this area, the need to take specific steps
to replace this aging facility to meet the new challenges of the coming decades has become
increasingly clear:
· PIADC is now 50 years old and is becoming increasingly more costly to maintain.
· The laboratory and test space in the current facility is insufficient to support the
increasing levels of research and development needed to meet the growing concerns
about accidental or intentional introduction of foreign animal diseases into this country,
and it is not appropriate for zoonotic disease research.
· Homeland Presidential Security Directive 9, "Defense of the United States Agriculture
and Food," states: "The Secretaries of Agriculture and Homeland Security will develop a
plan to provide safe, secure and state-of-the-art agriculture biocontainment laboratories
.
that research and develop diagnostic capabilities for foreign animal and zoonotic
diseases. "
The Next Steps
To meet these requirements, the President requested $23 million in FY06 for the design and
initiation of a National Bio and Agro-defense Facility. In preparation for this process, DHS will
conduct a conceptual design study to characterize the key programmatic requirements driving the
NBAF design and to analyze the cost and benefit tradeoffs associated with each of these drivers.
This design study will explore three major NBAF options:
· Keep the scope the same as the current PIADC mission but build the facilities required to
meet the needs of the first half of the 21 st century;
· Expand the scope to include additional agriculture biocontainment laboratories at
biosafety level 3 agriculture, and possibly biosafety level 4 for foreign animal and
zoonotic diseases as called for in HSPD-9 as described above; or
· Add expanded test and evaluation facilities to support non-clinical testing under the
Animal Rule needed to support advanced development of security medical
countermeasures by the Department of Health and Human Services.
The options for a location, or locations, for the biocontaiment facilities have not been identified at
this time, but will be considered during the conceptual design study. DHS will continue to work
closely with USDA and HHS throughout the conceptual design process, which will also include
ongoing consultation with other key stakeholders including professional societies and industry
groups.
Experts from DHS, USDA and DHHS, will review the key programmatic requirements for each of
these options in order to assess key facility determinants such as the amount and type of
required laboratory and support space. DHS will also conduct a design solicitation in the coming
months in order to be able to better estimate the costs of key components of such a facility, such
as biocontainment laboratories, support space, and administrative space.
##If.
Related Information
. Fact Sheet: Plum Island Animal Disease Center Transition
August 22, 2005
.
I
Homeland
Security
.
Fact Sheet: Plum Island Animal Disease Center Transition
The Plum Island Animal Disease Center (PIADC) became part of the Department of Homeland
Security (DHS), as mandated by the Homeland Security Act of 2002 (PL 107-296, Section 310),
on June 1, 2003.
PIADC will remain an important national asset in which scientists conduct basic and applied
research and diagnostic activities to protect the health of livestock on farms across America from
foreign disease agents.
DHS has the mission to protect America from terrorist threats including those directed against
agriculture. The transfer of PIADC operations facilitates the Department's ability to lead a
focused research and development program to prevent, respond to and recover from the
intentional introduction of animal diseases.
Facts about the Plum Island Animal Disease Center
· PIADC is located on Plum Island, 840 acres that lie 1.5 miles from Orient Point, New
York and 9 miles from Old Saybrook, Connecticut.
· PIADC has 180 employees, of whom 92 are research scientists with the USDA's Animal
and Plant Health Inspection Service and Agricultural Research Service.
· Plum Island derives its name from the profusion of native plum trees on its beaches. The
Island has a storied place in America's colonial, Revolutionary, and military history. Plum
Island buttressed the nation's coastal and harbor defenses during the Spanish-American
War through World War II.
· Plum Island's contribution to animal disease research dates to 1951, under auspices of
the U.S. Army Chemical Corps. By mid-decade, the U.S. Congress appropriated funds
for a new laboratory in response to outbreaks of foot-and-mouth disease in Mexico
(1946) and Canada (1952); the facilities were transferred to the U.S. Department of
Agriculture; and a new Plum Island Animal Disease Laboratory was dedicated at the site.
DHS and USDA Have Initiated Joint Management Steps
· USDA will continue its research and development and diagnostics programs at PIADC.
Research staff will remain employees of the USDA while contributing to PIADC's
expanded agro-terrorism mission.
· DHS has named Marc Hollander Acting Center Director. Mr. Hollander is Deputy Director
for Facilities and Infrastructure in the Office of Research and Development, DHS Science
and Technology Directorate.
· DHS has assumed administration and management responsibilities for PIADC,
encompassing utilities, transportation, facilities and grounds, biocontainment needs,
facility security, fire protection and emergency medical services, environmental
management, warehousing, and operations and maintenance. DHS will work closely with
USDA to modernize the facilities to support both Departments' missions.
· Between now and October 1, DHS will conclude a detailed facilities, environmental, and
operations assessment as part of an overall PIADC modernization plan.
· DHS considers public outreach a critical element of its management, and will work in
partnership with USDA to enhance communications with the local community. DHS
intends to create an external advisory committee process for PIADC operations.
PIADC Will Support Biological Countermeasures Programs at DHS
· PIADC will contribute to DHS's biological countermeasures program in the Department's
Science and Technology Directorate. The biological countermeasures program seeks to
reduce the probability and potential consequences of a biological attack on the nation's
civilian population and its agricultural system.
· The biological countermeasures program places its greatest emphasis on high-
consequence biological threats, including agricultural diseases such as foot-and-mouth
disease and high-volume contamination of food supplies.
PIADC Will Continue Its Veterinary Sciences and Animal Health Research
· PIADC conducts research on foreign animal diseases that are not present in the United
States. DHS has no plans to change PIADC's current research agenda on foreign animal
diseases, which focuses primarily on foot-and-mouth disease and African swine fever.
· International scientific collaboration and commercialization of vaccines and diagnostic
tools will remain salient features of PIADC's research agenda.
· Work on zoonotic agents - disease-causing organisms that can infect both animals and
humans - is not a part of PIADC's research agenda.
· The island setting and biocontainment facilities of PIADC permit safe and secure
research. PIADC biocontainment facilities operate at a Biosafety Level 3. DHS has no
plans in the near or long term for a Biosafety Level 4 facility.
June 6,2003
AGENDA REQUEST
ITEM NO. L
DA TE: March 21, 2006
REGULAR [XX]
PUBLIC HEARING []
CONSENT []
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT):
County Attorney
Daniel S. McIntyre
SUBJECT: Sunnyland farms PUD - Road Contribution and Construction Agreement
BACKGROUND:
See attached memorandum
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDA TION: Staff recommends that the Board approve the Agreement and
authorize the Chairman to sign the Agreement.
COMMISSION ACTION: CONCURRENCE:
[)( APPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0
County Attorney:
Í-~
Review and Approvals
Planning Manager: Growth Mmgt Dir.:
Prop. Acq. Mgr.:
Public Works Dir:
County Eng.:
Finance: (Check for copy only, if applicable)
Eff.5/96
..
3/9/2006
ROAD CONTRIBUTION AND
CONSTRUCTION AGREEMENT
(Sunnyland Farms PUD)
This Agreement is made and entered into this _ day of , 2006, by and
between ST. LUCIE COUNTY, a political subdivision of the State of Florida ("County"), and
SUNNYLAND FARMS, LLC, a Florida limited liability company ("Developer").
RECITALS
WHEREAS,
A. Developer is the owner of approximately 229 acres of property located within St.
Lucie County as more particularly described on Exhibit "A" attached hereto and made a part
hereof ("Developer's Property").
B. Developer proposes to develop Developer's Property as a 458-unit single-family
residential project, the "Sunnyland Farms PUD" ("Project"), as more particularly shown on the
proposed site plan attached hereto as Exhibit "B" and made a part hereof ("PUD Plan").
C. Whereas, the Proj ect is to be constructed in three phases, as depicted on the
phasing plan attached hereto as Exhibit "c" and made a part hereof.
D. In order to complete the Project, certain Road Improvements, as defined below,
and intersection design are required.
E. Developer proposes to dedicate a portion of the right-of-way necessary for the
Road Improvements.
F. County is the legal entity responsible for the construction and maintenance of the
Road Improvements and desires all parties to execute an agreement to insure the construction of
the Road Improvements in compliance with the provisions of this Agreement.
NOW, THEREFORE, for and in consideration of these premises, the mutual
undertaking and conditions contained and assumed herein, the receipt and sufficiency of which
are hereby acknowledged, the Developer and the County hereby covenant and agree as follows:
1. Recitals
The recitals contained hereinabove are true and correct and are incorporated herein by
reference.
2. Developer's Right-of-Way Conveyance
The Developer shall dedicate the right-of-way necessary for the Sunnyland Drive portion
of the Road Improvements, as shown in Exhibit "B" attached hereto and made a part hereof
("Developer's Right-of-Way Conveyance"). This conveyance requirement shall be by Special
Warranty Deed in a form reasonably satisfactory to the County Attorney of St. Lucie County
WPB 857985.10
("County Attorney"), together with such evidence as may be reasonably requested by the County
Attorney that the rights-of-way transferred to County are titled to County free and clear of all
liens, encumbrances and encroachments. Impact fee credit shall be provided for this dedication
pursuant to the County's Road Impact Fee Ordinance for non-site related dedications.
3. Road Improvements
The following constitute the "Road Improvements" which shall be either constructed or
bonded in an amount and form acceptable to the County, prior to the recording of certain plats,
as more specifically set forth below.
a. Prior to recording the plat for Phase I of the project, the Developer shall either
construct or post a bond for the construction of paved improvements to Laidback Way (Emerson
Avenue) from Sunnyland Drive to Orange Avenue as a two-lane facility, including the
construction of both right and left turn lanes on Laidback Way at Orange Avenue and a right and
left turn lane on Laidback Way at Sunnyland Drive, as shown in Exhibit "D" attached hereto and
made a part hereof. In the event the Developer elects to post a bond, the Developer shall enter
into the County's standard Subdivision Improvement Agreement, which will require substantial
completion of the Road Improvement within twelve (12) months from the date of the
Subdivision Improvement Agreement. Developer also shall post security for the estimated costs
for the realignment of the offset 50' right-of-way roadway section to be consistent with the
proposed 80' roadway section along Laidback Way. Said security shall be in a form acceptable
to the County Attorney and shall be posted prior to the issuance of the first building permit for a
dwelling unit, not including models. In the event the County is able to obtain the deficient right-
of-way following construction of the Road Improvements by Developer, the County may use the
security posted by Developer to construct the realignment, and Developer shall have no financial
obligations beyond the amount of the security. In the event that the other undeveloped lands
fronting the 50' right-of-way are proposed for development following construction of Laidback
Way by Developer, the County will seek to require the developer(s) of such other undeveloped
lands to pay for the realignment costs described herein. If the County is successful in requiring a
commitment from others to bear the realignment costs, the County shall then release Developer's
posted security. Impact fee credit shall be granted for the construction of these improvements,
pursuant to the County's Road Impact Fee Ordinance for non-site related improvements.
b. Prior to recording the plat for Phase I of the project, the Developer shall either
construct or post a bond for the construction of a two-lane facility known as Sunnyland Drive
from Laidback Way from the east through the development property west to a point where
Sunnyland Drive intersects with the phasing line for Phase III, as shown on Exhibit "c" attached
hereto and made a part hereof. Right turn lanes shall be provided on Sunnyland Drive at
Champions Drive and Colts Run, and a right turn lane shall be provided into the Recreation
Parcel on Sunnyland Drive. In the event the Developer elects to post a bond, the Developer shall
enter into the County's standard Subdivision Improvement Agreement, which will require
substantial completion of the Road Improvement within twelve (12) months from the date of the
Subdivision Improvement Agreement. Impact fee credit shall be granted for the construction of
these improvements pursuant to the County's Road Impact Fee Ordinance for non-site related
improvements.
2
WPB 857985.10
c. Prior to recording the plat for Phase I of the project, the Developer shall post a
bond and enter into a Subdivision Improvement Agreement to design, permit and construct the
remaining portion of Sunnyland Drive to be constructed as part of Phase III of the Project. The
bond shall remain in effect until construction is complete. In the event that the Developer
conveys a portion of the Project to the St. Lucie County School District for purposes of a school
site, the Developer shall construct as a two-lane facility Sunnyland Drive from the phasing line
of Phase III to a point at the property line of the Project in an alignment provided to the
Developer by the St. Lucie County School District, and approved by the County and any portion
of the bond for the construction of Sunnyland Drive remaining shall be released and returned to
the Developer. If, however, the St. Lucie County School District is unable to successfully obtain
a commitment from other developers to bear the realignment costs of Sunnyland Drive to the
north of the Sunnyland Farms property then the remaining portion of the the bond for the
construction of Sunnyland Drive shall be applied to the construction of that portion of
Sunnyland Drive which is not located on the Sunnyland Farms Property, and any unused portion
of the bond shall be returned to the Developer. Should the St. Lucie County School Board elect
not to use a portion of the Project for a school site by June 30, 2008, then the Developer shall
construct as a two-lane facility the remaining portion of Sunnyland Drive west through Phase III
of the development property to Old FF A Road, as shown on Exhibit "Boo attached hereto and
made a part hereof.
d. Prior to recording the plat for Phase III of the Project, the Developer shall
construct a two-lane facility for Old FF A Road from Sunnyland Drive north to the south right-of-
way line of the North St. Lucie River Water Control District Canal No. 43 as shown on Exhibit
"Boo attached hereto and made a part hereof. Impact fee credit shall be granted for the
construction of these improvements, pursuant to the County's Road Impact Fee Ordinance for
non-site related improvements. Prior to the recording of the Plat for Phase I, the Developer shall
post a bond, and enter into a Subdivision Development Agreement, in an amount and form
acceptable to the County for the construction of Old FF A Road as described above. If, however,
the Developer conveys a portion of the Project to the St. Lucie County School District for
purposes of a school site, the Developer shall not be required to construct that certain portion of
Old FF A Road from Sunnyland Drive north to the south right-of-way line of the North St. Lucie
River Water Control District Canal No. 43, and any bond for the construction of Old FF A Road
shall be released and returned to the Developer. However, in the event that the St. Lucie County
School District is unable to successfully obtain a commitment from other developers to bear the
realignment costs of Sunnyland Drive to the north of the Sunnyland Farms property than the
bond for the construction of Old FAA Road shall be applied to the construction of the realigned
Sunnyland Drive, and any unused portion of the bond shall be returned to the Developer.
4. Road Improvement Contributions
a. The Developer shall design, permit and obtain cost estimates for the construction
of the ultimate intersection improvements at Kings Highway and Orange A venue. The
improvements to be designed and permitted will include reconstruction of the existing two-lane
roadways approaching the intersection to four-lane divided urban sections. The limits of the
design and permitting shall be to provide the ultimate four-lane section through the end of the
associated turn lane tapers for the ultimate four-lane turning movement configuration for each
leg of the intersection. The design and permitting shall include the required tapers from the four-
3
WPB 857985.10
lane design to match existing travel lanes. The north leg of the intersection shall provide the
ultimate four-lane section to just north ofthe northern access point for the Flying "]" Truck Stop.
The project will include the design of detention ponds and the determination of additional right-
of-way needs to complete the Project.
The design and permitting limits for the Project shall be as follows:
· North Leg:
· South Leg:
. West Leg:
. East Leg:
2,000 linear feet
1,200 linear feet
1,200 linear feet
300 linear feet
The contract for the design, permitting and cost estimate shall be let and a surety in the
amount of 110 percent of the contract shall be posted with the County within one hundred eighty
(180) days of final approval of this Agreement. The design work and permitting for the
intersection shall be substantially completed by no later than December 31, 2007, subject to
permitting by regulatory authorities other than the County. Impact fee credit shall be granted for
the costs of these designs and permitting and cost estimates pursuant to the County's Road
Impact Fee Ordinance.
b. Prior to recording the plat for Phase II of the Project, the Developer shall conduct
a signal warrant study at the intersection of Rock Road and Orange Avenue. If the warrant study
determines that a signal is warranted, the Developer shall design and construct the signalization
improvements at the Orange A venue and Rock Road intersection ("Signalization"). The
Developer shall be granted impact fee credit for these improvements pursuant to the County's
Road Impact Fee Ordinance.
s. Responsibilities
a. Improvements. The Road Improvements shall include all component parts
thereof, including the right -of-way underlying same, and all other appurtenances as shown upon
the approved plans for the construction of the Road Improvements. County shall provide all
necessary right-of-way except for the Developer's Right-of-Way Conveyance (i.e., the right-of-
way for Sunnyland Drive within the Project boundaries).
b. Design. Developer shall cause its professional engineers, registered in the State
of Florida, to design the Road Improvements and, if warranted by the warrant study, the
Signalization in accordance with all applicable regulations, standards and specifications. Such
design plans shall be fully subject to the approval of the County Engineer and shall conform in
all respects to the written criteria of the County governing road construction, ultimately to be
accepted by County for ownership, operation and maintenance. County approval shall not be
unreasonably withheld. County reserves the right to charge reasonable fees commensurate with
the costs to County of reviewing such engineering plans and furnishing to Developer's engineer
information regarding same. All such plans shall be subject to the approval of any agencies
having jurisdiction over the design and construction of the Road Improvements and
Signalization. County shall review such plans and provide comments to Developer's engineers
4
WPB 857985.10
in an expeditious manner. (The design plans, once approved, are hereinafter referred to as the
"Approved Plans.")
c. Construction. Developer will construct the Road Improvements and, if warranted
by the warrant study, the Signalization in accordance with the Approved Plans utilizing a
licensed general contractor. The form of the contract for construction shall be a standard AlA
form. The contract will provide that the Contractor shall provide a public construction bond in
accordance with Section 255.05, Florida Statutes. County shall have the right to inspect all of
the Road Improvements and the Signalization, and to cause the Developer's engineer to conduct
tests thereon, as construction progresses to assure County that the Road Improvements and the
Signalization are constructed in accordance with the Approved Plans and are further consistent
with the criteria and specifications governing the quality and kind of construction. If requested
by the County, the Developer's engineer of record and/or the County's engineer or authorized
inspector shall be present at all tests pertaining to the Road Improvements and Signalization.
County reserves the right to charge an inspection fee not to exceed 1 % of the cost of the
construction of Road Improvements and the Signalization. County reserves the right to charge
Developer the applicable permit fee for road construction and recording costs.
d. Conveyance. The Developer shall, within thirty (30) days following completion
of construction of the Road Improvements and acceptance of those improvements by the County
Engineer, convey to the County the Developer's Right-of-Way Conveyance, and shall post a
maintenance bond in the amount of 15% of the cost of the improvements for a period of one (1)
year and thirty (30) days from the date of acceptance of the Road Improvements by the County.
Such conveyance shall be by Special Warranty Deed in a form reasonably satisfactory to the
County Attorney, together with such evidence as may be reasonably requested by the County
Attorney that the rights-of-way transferred to County are titled to County free and clear of all
liens, encumbrances and encroachments. Such conveyance shall be made without cost to
County.
To the extent that any portion of the Road Improvements are personal property of
Developer, Developer shall convey such personal property to County by Bill of Sale in a form
reasonably satisfactory to the County Attorney, together with such evidence as may be
reasonably requested by the County Attorney that the right-of-way transferred to County is titled
to County free and clear of all liens, encumbrances and encroachments. Such conveyance shall
be made without cost to the County.
e. Costs. Developer shall maintain accurate cost records of all professional fees
(including legal, surveying, title, and engineering fees) and all construction and other costs
reasonably relating to this Agreement, the Road Improvements, and the Signalization
(collectively, the "Costs"). The Costs shall include reimbursements to the County for plan
review fees, inspection fees, permit fees and similar reimbursements under this Agreement. The
Costs shall be furnished to the County contemporaneously with, and as prerequisite for, the
acceptance by County of the Road Improvements.
f. Construction of the Road Improvements shall commence within ninety (90) days
of the approval of the design plans for the Road Improvements, the PUD, and the land
development permit for the Project by County, whichever approval occurs last, and shall proceed
5
WPB 857985.10
diligently until completed. Said completion shall occur no later than eighteen (18) months after
commencement of construction; subject, however, to force majeure situations as defined in this
Agreement.
g, "Force Majeure" means delays caused by acts outside Developer's control,
including without limitation acts of nature, inability to obtain labor or materials, inclement
weather, strikes or other delays in construction caused by matters not within the control of
Developer.
6. Road Impact Fee Credits
Pursuant to the Code of Ordinances of St. Lucie County, Florida, the County shall
provide to the Developer credits against County road impact fees (collectively, "Road Impact
Fee Credits") for non-site related Road Improvements, Dedications and Signalization, for which
impact fee credit eligibility is acknowledged under provisions 2, 3 and 4 of this Agreement, up to
the Costs the Developer incurs in connection with the Road Improvements and Signalization,
less an allowance for trips generated by the development pursuant to the County's Impact Fee
Ordinance. The Road Impact Fee Credit shall include the value of the land contributed on the
following basis:
The greater of the following (if applicable):
a. 120% of the value as assessed for ad valorem tax purposes by the Office of the
Property Appraiser of St. Lucie County; or
b. The value as determined by virtue of the Independent Property Appraisal, subject
to the Required Property Review Appraisal, as provided by the applicable ordinances of St.
Lucie County.
If the Developer does not institute the valuation process as contemplated in (b) above, the
value as provided in (a) above shall establish the fair market value for the property to be
dedicated.
Any Road Impact Fee Credit authorized by the Board of County Commissioners for St.
Lucie County shall be done consistent with the requirements of Section 1-17-33.1 of the Code of
Ordinances for St. Lucie County.
7. Concurrency
A certificate of capacity has been issued for the Project. Pursuant to provision A.2 of
Resolution 05-353 adopted on November 8, 2005, said certificate of capacity shall expire if this
Agreement has not been executed within 180 days of the adoption date of Resolution 05-353. If
the certificate of capacity expires, the Developer shall reapply for and shall have received a
certificate of capacity and shall have executed this Agreement prior to final PUD approval for
the Project.
8. Notice
6
WPB 857985.10
Until further written notice by either party to the other, all notices provided for herein
shall be in writing and transmitted by messenger, by mail or by telefax and, if to the Developer,
shall be mailed to Developer at:
as to Developer:
Sunnyland Farms, LLC
11000 Prosperity Farms Road, Suite 202
Palm Beach Gardens, FL 33410
and if to the County at:
St. Lucie County
c/o County Attorney's Office
2300 Virginia Avenue
Fort Pierce, FL 34982
9. Recordation of Agreement
This Agreement shall be recorded at Developer's expense in the Public Records of St.
Lucie County, Florida.
10. Remedies
In the event of a default hereunder, the non-defaulting party shall have all remedies at law
or equity, including the remedy of specific performance; provided, however, that the party
asserting a default shall first notify in writing the alleged defaulting party, and said alleged
defaulting party shall have five (5) business days from the date of receipt of said notice to
respond in writing to the party asserting the default.
11. Time of Essence
Time is of the essence with respect to each provision of this Agreement, which requires
that either party take action within the stated time period or upon a specified date.
12. Venue
The venue of any litigation arising out of this Agreement shall be St. Lucie County,
Florida. All parties waive trial by jury.
13. Headings
The headings contained in this Agreement are for convenience of reference only and do
not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
14. Pronouns
In this Agreement, the use of any gender will be deemed to include all genders, and the
use of the singular will include the plural, wherever it appears appropriate from the context.
15. Waivers
7
WPB 857985.1 0
The failure or delay of any party at any time to require performance by another party of
any provision of this Agreement, even if known, will not affect the right of that party to require
perfonnance of that provision or to exercise any right, power or remedy, and any waiver by any
party of any breach of any provision of this Agreement should not be construed as waiver of any
continuing or succeeding breach of provisions, a waiver of the provision itself, or a waiver of any
right, power or remedy under this Agreement. No notice to or demand on any party in this case
will, of itself, entitle a party to any other or further notice or demand in similar or other
circumstances, unless otherwise specified in this Agreement.
16. Assignment
This Agreement may be assigned by Developer to its legal representatives and
successors-in-interest provided that impact fee credits are limited solely to the property described
in Exhibit A.
17. Binding Effect
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida, and shall be binding upon and inure to the benefit of the parties hereto and their
respective legal representatives, successors and assigns; provided, however, Developer shall
have no obligations, duties, responsibilities, or liability under this Agreement if Developer's
Project is not approved by County, or if the Project is approved, the Developer requests the
County to rescind the resolution approving the Project and the County rescinds the resolution.
Such recision shall not be unreasonably withheld.
18. Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original.
19. Construction
This Agreement shall be construed as the joint and equal work product of the parties and
shall not be construed more or less favorably on account of its preparation.
20. Entire Agreement
This Agreement constitutes the entire Agreement between the parties relating to the
subject matter hereof and supersedes all prior agreements or understandings made in connection
with the subject matter. No modification or amendment of this Agreement shall be binding upon
the parties unless the same is in writing and signed by the party to be bound.
8
WPB 857985.10
ATTEST:
WITNESSES:
Deputy Clerk
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
SUNNYLAND FARMS, LLC
BY:
Print Name:
Title:
The foregoing instrument was acknowledged before me this _ day of ,
2006, by , the of SUNNYLAND FARMS, LLC,
a Florida limited liability company, who is _ personally known to me, or _ who has
produced as identification and who did/ not take an oath.
WPB 857985.10
Notary Seal
Notary Public, State of Florida
Print Name:
My Commission Expires:
9
LEGAL DESCRIPTION
PARCEL 1:
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 35
SOUTH, RANGE 39 EAST, LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF
THE SUNSHINE STATE PARKWAY;
LESS AND EXCEPTING THE NORTH 789.35 FEET THEREOF AND ALSO LESS
AND EXCEPTING THE CANAL AND ROAD RIGHT-OF-WAYS OF RECORD.
TOGETHER WITH:
PARCEL 2:
THE SOUTHEAST ~ OF SECTION 3, TOWNSHIP 35 SOUTH, RANGE 39 EAST,
LYING WEST OF THE EAST SECTION LINE, BY OCCUPATION, LESS ALL
CANAL RIGHTS OF WAY, ALL LYING AND BEING IN ST. LUCIE COUNTY,
FLORIDA.
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II:
Aaenda Reauest
Item Number:_!._
DATE: March 21, 2006
REGULAR [X]
PUBLIC HEARING [ ]
CONSENT [ ]
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY : Strateav & Special Projects
Michael Brillhart
Strategy & Special Projects
SUBJECT: Petition by D.R. Horton Inc. requesting a waiver to the requirements of Stop-
Gap Ordinance No. 2005-016. D.R. Horton has prepared a conceptual site
plan for the proposed Bedner Groves development along Koblegard Road
north of Indrio Road within the TVC area. Applicant desires to receive a
waiver to this Ordinance and be granted an opportunity to formally submit a
site plan application to the County for review by staff and the Development
Review Committee.
BACKGROUND: Please see attached memorandum
FUNDS AVAILABLE: NA
PREVIOUS ACTION: NA
RECOMMENDATION: Staff recognizes the efforts that the applicant has made in revising its first
conceptual plan in order to promote consistency with the settlement patterns
of the TVC Element. Staff recommends that a waiver be granted for this
specific request with the following condition: applicant must schedule a site
plan review coordination meeting between the Treasure Coast Regional
Planning Council and County Growth Management staff prior to submittal of
a formal development application to the County.
COMMISSION ACTION: CONCURRENCE:
[)lAPPROVED
[ ] OTHER:
Approved 5-0
[ ] DENIED
County Attorney:
Originating Dept:
Environ. Resources:
rJ-
,)¿/
.
Coordination/Sia natu res
Management & Budget: _
Finance:
Purchasing: _
Other:
-
COUNTY ADMINISTRATION
MEMORANDUM
TO:
Board of County Commissioners
FROM:
Michael Brillhart, Strategy & Special Projects Director
DATE:
March 14, 2006
RE:
Applicant's Request for a Waiver to the Requirements of Stop-Gap
Ordinance No. 2005-016
The County is in receipt of a March 2, 2006 letter from Noreen Dreyer, representing D.R.
Horton Inc., requesting a waiver to the provisions of Stop-Gap Ordinance No. 2005-016.
The petitioner is requesting this waiver in order to allow D.R. Horton the opportunity to
submit a development application for the proposed Bedner Groves project along Koblegard
Road just north of Indrio Road.
The proposed project consisting of 900 residential units is located within the TVC Element
boundaries and would be under the requirement guidelines of the TVC settlement pattern.
A conceptual plan for Bedner Groves has been submitted to the Treasure Coast Regional
Planning Council (TCRPC) for review. Comments from the TCRPC are attached (see
January 14th memo).
D.R. Horton desires to submit a development application for Bedner Groves to the County
for review by staff and the Growth Management Department's Development Review
Committee (DRC). At some later date, public hearings for this plan are required to come
before the Planning & Zoning Committee and the Board of County Commissioners for
review and final approval.
'03-15-2006 05:12PM FROM-WEINERÅRONSON
+
I-ij~~ ~,UU'/UU~ r-.u~
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, FL 33444
Telephone: (561) 265-2666
Telecopìer: (561) 272-6831
E-mail: mweìner@zonelaw.com
MICHAEL S. WEINER
CAROLEJ,ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
PAMIR.MAUGHAM
OF COUNSEL:
ROBERT MARC SCHWARTZ, P.A.
Florida Board Certified
Reel Estate Lawyer
March 16, 2000
Via. Tel_copie:r & llec¡ula:t Mail
Mr. Michael Brillhart
Director of Strategy & Special Projects
St. Lucie County Admìnistrative Building
2300 Virginia Avenue
Ft. Pierce, Florida 33482
Re: Bed.Der Farms
Our File No.: DRBH007
Dear Michael:
We are aware of the comments by the Treasure Coast Regional Planning
Council with respect to the project we refer to as "Bedner Farms." We look fo~ard
to the opportunity to address their comments and we have the following four (4)
responses for your consideration:
1. Open Space: We have taken major steps to create the largest amount
of open space on the edges of the community particularly those edges
which will interface with other "TVC" projects. In doing so, the open
area will accommodate the future flow way system. We are halancing
the requirement of the open space edges with the recrea.tional
opportunities available for the cornmurìÍty. A review will assist us in
balancing passive open space with active open space.
2. Buffers: The issue of buffers needs to be addressed in two (2)
settings. The mst issue, we have discussed with you above, that is. the
relationship of our commwùty to the surroundîng projects and the
creation of sufficient open spaoe to accommodate the key e1emeI1ts of
the "TVC" plan. The second issue relates to Indrio Roa.d and its
O;\DRHH007\Letter to St Lucie County. March lS.doc
OS-15-2006 05:12P~ FRCM-WEINERARO"SON
M:r. Michael Brillhart
Much 15, 2006
Page 2
+
T-62B p.003/a03 F-90B
relationship to this community. A number of different scenarios hav-e
been advanced for buffers along Indrio Road. Th.is topic win require
the coordination of County Staff. the County Commissioners aIi wel1 as
the Treasure Coast Regional Planning Council.
3. now Ways; The flow ways have been a.ddressed by taking the
greatest percentage of water retainage and placing it near the future
flow way system, which includes the present canal improvem.ents
under the control of the Ft. Pierce Farms Water Management District.
This gives maximum flexibility in that the canals could be allowed to
meander with cooperation of the neighboring property owners. There
is the opportunity for the future co-mingling of the draìna.ge and
retention aspects of surface water manageml9nt wlùch would allow for
natural wetlands and the creation of a natural habitat. T1ùs could occur
by the merger of the lakes with the canals. after further study Ìi
completed by the governmental entities regulating surface water.
These studies would includl9 procedtUes for improving the water
quality as weU as the management of water in the event of neod events.
The initiation of this type of solution for the flow way infrastructure is
im.portant to all involved.
4. Town Center: The focus of the town center would serve two (2)
pUIposes. First, it would capture internal traffic for service needs,
eliminatißg trips outside of the community, This gives full mea.ning to
the "town" concept. It also establishes a service node along Koblegaxd
Road, providing for arclùtectural relief and interaction with the
communities to the north and east. Moving forward in the process
would help. first, to give definition to the actual uses within the town
center; and second, to clarify its design on such matter5 as parking and
the interaction between the residences built in the immediate area and
the commercial nature of the town center, A discussion on this topic
would clarify the role of the "town" in the IITVC" plan.
As you can see, there are numerous issues raised by oW' proposed solutions.
V\Te look forward to the interaction of the Staff and the County Commissioners, with
the assistance of the Treasure Coast Regional Planning Council to select the
appropriate solutions,
i~!~
/~::s. WeIDer
r
Cc: Ms. Katie Gendre
Noreen Dreyer, Esquire
O:\J)RHHOO7\Uuerto St Lucie County. Mu't;h is.doc 2
BOARD OF
COUNTY
COMMISSIONERS
COUNTY
ADMINISTRATOR
DOUGLAS M. ANDmSON
March 13, 2006
Noreen Dreyer, P.A.
Ruden McClosky
145 NW Central Park Plaza
Suite 200
Port St. Lucie, Florida 34986
Re: D.R. Horton - Requested Waiver to Stop-Gap Ordinance
Dear Ms. Dreyer:
Your March 2, 2006 letter requesting a waiver to Stop-Gap Ordinance No. 2005-
016 has been received by St. Lucie County. As noted, this request is to allow
D.R. Horton to submit a development application for a property located within the
boundaries of the TVC land use.
The County is in receipt of comments from the Treasure Coast Regional
Planning Council pertaining to their review of the conceptual plan for the Bedner
Groves development. These comments provide the initial framework for
reviewing this development consistent with TVC requirements.
We are tentatively scheduling this waiver petition before the Board of County
Commissioners as a regular agenda item at its March 21st meeting. It is
imperative that the applicant or their representative be present to demonstrate
the merits of this request before the Board.
For additional assistance, please feel free to contact me at (772) 462-1592 or
Michael Brillhart at (772) 462-6406.
Sincere~
-~~, ~ /"""\~)
_---- --... ê ~_
Faye Outlaw,
Assistant County Administrator
------
)
-----
Cc: Board of County Commissioners
Doug Anderson, County Administrator
Dan Mcintyre, County Attorney
Michael Brillhart, Strategy & Special Projects
Katherine Gendre, D.R. Horton
JOSEPH E. SMITH. Dlsrricr NO.1. DOUG COWARD. Dlsrrlcr No 2 . PAULA A. LEWIS. Disrricr No.:3 . FRANNIE HUTCHINSON. Disrrict NO.4· CHRIS CRAFT. D,srrict No.5
County Administrator - Douglas M. Anderson
2.300 Virginia Avenue. Fort Pierce, FL .34982~5652 · Phone (772) 462-1450 · TDD (772) 462-1428
FAX (772) 462-1648· email: douga@co.st-Iucie.fl.us
web site: www.co.st-lucie.fl.u5
~. Ruden
~IIMcClosky
145 NW CENTRAL PARK PLAZA
SUITE 200
PORT ST. LUCIE, FLORIDA 34986
(772) 873,5910
FAX: (772) 873-3110
NOREEN.DREYER@RUDEN.COM
March 2, 2006
Ms. Faye Outlaw, Assistant County Administrator
St. Lucie County
2300 Virginia Ave
Fort Pierce, FL 34982
Re: D.R. Horton - Requested Waiver to Submit Development Application
Dear Ms. Outlaw:
On December 16, 2005, Johnathan Ferguson of this office wrote to Doug Anderson on
behalf ofD. R. Horton to request a waiver pursuant to the provisions of Ordinance 2005-016 (the
"Stop-Gap Ordinance") to submit a development application for review for property located
within the area of the proposed TVC land use. A copy of that letter is enclosed for your
reference. Thank you for your response to that letter, informing us that our request was being
transmitted to the Treasure Coast Regional Planning Council ("TCRPC") for review and
comment, and that it would be scheduled for a public hearing after those comments were
received.
We have received the comments from the TCRPC and have modified our proposed plan
to address those comments. A copy of the revised plan is enclosed. Weare therefore now
requesting that our waiver request be scheduled for consideration by the Board on its meeting of
March 21,2006.
Your letter indicated that the request for a waiver would be noticed for a public hearing
once the TCRPC had commented. I would like to clarify that our request does not constitute a
request for development approval, but is only a request for a waiver from the provisions of the
Stop-Gap Ordinance to allow an application to be submitted for review by your staff. Section 3
of the Stop-Gap Ordinance provides that a request for a waiver shall be considered by the Board
at a public meeting within 45 days of receipt of the application. When the Ordinance was
adopted on August 16, 2005, the Board specifically removed the requirement for a public
hearing. If the Board approves the waiver, then the application can be submitted to the County,
reviewed by staff, and eventually scheduled for public hearingsasrequ.ired;:-Ð-y~-tl1e Land-
Development Code.-.li._t,~'._!L^ ¡ f¡ !
::! 11 J1
¡ill ¡
I MAR _ 6 2U06 n..~)
¡ ~
\ L--_.--J
l__ CG. AO!V¡(''¿. OFFICE
PSL:23667:1
CARACAS. FT. LAUDERDALE. MIAMI' NAPLES' ORLANDO' PORT ST. LUCIE· SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, PA
Page 2
D. R. Horton would now like the opportunity to demonstrate to the Board that its
proposed plan meets the criteria set forth in Section 3 of the Stop-Gap Ordinance. If the Board
agrees, then a complete application can be submitted for full review by the County, including
such public hearings as are required.
Thank you very much for your consideration of this request.
Si~erely,
\ !Ú-Wß·f;
\."".,......
Noreen S. Dreyer
NSD/pw
Enclosures
cc: (with enclosures)
Board of County Commissioners
Doug Anderson, County Administrator
Daniel McIntyre, County Attorney
Michael Brillhart, Strategy and Special Projects
Matthew Ford
Katherine Gendre
Michael Weiner, Esq.
PSL:23667:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS. FT. LAUDERDALE. MIAMI· NAPLES· ORLANDO· PORT S1.lUClE . SARASOTA· S1. PETERSBURG' TALLAHASSEE· TAMPA· WEST PALM BEACH
~Ruden
~'I McClosky
145 NW CENTRAL PARK PLAZA
SUITE 200
PORT ST. LUCIE, FLORIDA 34986
(772) 873,5900
FAX: (772) 873-3111
JOHNA THAN.FERGUSON@RUDEN.COM
December 16, 2005
Doug Anderson, County Administrator
St. Lucie County
2300 Virginia Avenue
Fort Pierce, FL 34982
Re: D.R. Horton - Requested Waiver to Submit Development Application
Dear Mr. Anderson:
The purpose of this letter is to request a waiver from the S1. Lucie County Board of
County Commissioners ("Board") to allow D.R. Horton to submit a development application for
property located within the TVe Element Boundary as depicted in Exhibit "A" of Ordinance
2005-016 ("Stop Gap Ordinance"). Specifically, this is a request to allow D.R. Horton's
development application to be reviewed and processed concurrent with the drafting of the TVe
Element's land development regulations ("LDRs") pursuant to the waiver provisions set forth in
Section 3 of the Stop Gap Ordinance.
The development application embodies many of the goals and policies of the TVe
Element. In general, the proposed development will not detrimentally affect the preparation and
implementation of the TVC Element's land development regulations; it will further the principles
of the North County Charrette Master Plan; it is compatible with surrounding land uses; and it
will not impair the public health, safety or welfare of the community. A copy of the proposed
site plan is attached for reference. A complete development application will be submitted to the
Growth Management Department upon the Board's approval.
Specifically, the proposed development plan implements many of the core principles of
the rvc Element. The proposed development site is approximately 194 acres located within the
existing urban service boundary centered at the intersection of 1-95 and Indrio Road. Because of
the location and size of the property, the proposed development plan implements many of the
TVC Element policies outlined for villages. The proposed development plan, to the extent
possible given the site constraints, implements the development transect for a village that is the
heart of the TVC Element. The proposed development plan contains a mixed use urban core
(Village Center) that is surrounded by a mix of housing types located within a reasonable
PSL:18764:4
CARACA<i . ff I All n~lln" I ~ . -.u..to..... _ ..,.to.....,.,. _ ......_. .. ._ _
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
Letter to Doug Anderson, County Administrator
December 16, 2005
Page 2
walking distance of the village center. The internal road system will be an interconnected
network of public streets that will balance the needs of all users and the proposed development
plan will provide for multiple points of road interconnectivity with the surrounding properties.
The proposed development plan also sets aside 40% of the site for open space, as defined in the
TVC Element, and places most of the open space, except for several neighborhood park parcels,
at the outer edge of the development transect. D.R. Horton is also willing to commit to
designating up to 8% of the residential units as workforce housing as defined by the TVC
Element.
D.R. Horton has crafted a proposed development plan that furthers the goals, objectives
and policies of the TVC Element. The waiver provision of the Stop Gap Ordinance is designed
to assist developers who propose developments that are consistent with the overall objectives of
the TVC Element and allow them to move forward through the development review process
while the TVC Element is under review by the Florida Department of Community Affairs and
while the LDRs are being drafted. Furthennore, it is our understanding that the proposed
development plan will be allowed to continue through the review process once the LDRs for the
TVC Element are adopted without having to start the review process anew. D.R. Horton
understands that the proposed development plan may have to undergo minor adjustments to
address specific LDR provisions once they are fonnally adopted, but that it will not be necessary
to adopt wholesale changes to the proposed development plan or to repeat development review
steps that have already been completed.
Based on the above, D.R. Horton respectfully requests that its request for a waiver
pursuant to Section 3 of the Stop Gap Ordinance be presented to the Board at a public hearing at
the Board's January 24,2006 meeting. Thank you for your attention to D.R. Horton's request.
Sincerely,
~~~:tT-~
Ene.
cc: Board of County Commissioners
Daniel McIntyre, County Attorney
Faye Outlaw, Assistant County Administrator
Michael Brilhart
Michael Busha, Executive Director, TCRPC
Katie Gendre, D.R. Horton
PSL:18764:4
CARACAS· FT. I.AUDERf>AI F . M!AU. . ""'1.10 ft. r-" _ ....._. .. __ ~
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.ð.
f Mic a~1 Bril'ihart - Dear Michael.doc
------~_.._----
-------~_..
------------- Pag;:¡-:
January 14th, 2006
Michael Brillhart
St. Lucie County
Strategy and Special Projects Coordinator
2300 Virginia Ave. - Fort Pierce, FL 34982
RE: Bedner Groves - Requested Waiver to the St. Lucie County Stop Gap
Ordinance No.05-016
Dear Michael:
Thank you for asking the Treasure Coast Regional Planning Council (TCRPC) to assist
the County with reviewing master plans for development within the TVC.
During the past 10 months TCRPC staff and/or our consultants have met in at least five
separate occasions with representatives of Bedner Groves, their planners and consultants.
Each meeting was focused on reviewing the applicant's proposed master plan and
suggesting changes to respond to the requirements of the Towns, Villages and
Countryside (TVC) new element of the comprehensive plan. On two separate occasions,
TCRPC's urban design studio prepared alternate master plans for the applicant's site. The
second proposal prepared by TCRPC's staff is attached.
These numerous meetings have contributed to a good plan that presents a coherent
network of streets, good block size, and general consideration for the settlement
principles as stated in the TVC. Council commends the applicant for working in
conjunction with our staff through the design process.
The applicant's master plan, although good, still needs to address the following:
· Buffer: The proposed lakes and green areas along lndrio Road seem to have the
purpose to buffer development from lndrio Road. The Active Park proposed along
this section ofIndrio Road compromises the safety of its users, and creates an
impediment for connectivity between the Town Center suggested south of lndrio
Road and the retail that has to be provided on site. The TVC clearly defines this
area along Indrio Road as a Town or Village Center, with retail on the ground
floor, and office and residential uses on upper stories. This development needs to
--.
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,I Michael Brillhart - Dear Michael.doc
-------.- -"----
. -..-----.----.-----....-.-
Page 2 ¡
address (front) Indrio Road, and provide an environment that ensures connectivity,
both vehicular and pedestrian, with the development (Town Center) to the south.
· Village Center: The location of the proposed retail in the form of a main street
seems to be planned in a way that will greatly challenge its success. The retail is
proposed in the fonn of a cul-de-sac, dead end street, offset from Indrio Rd.
(where the trips that generate the demand mostly will be) by about 1;4 mile. This
dead-end street is also perpendicular to the proposed extension of Kobblegard Rd,
the second most important trip generator in this project, and fundamental for the
long tenn vitality of main street. Furthennore, this limited configuration prevents
any future expansion of the mixed-use/commercial areas, should it become
necessary over time.
· Open Space: Due to the internalization of large amounts of open space, the plan
begins to sprawl. Open space should occur at the edges, so that when combined
with neighboring open space it creates significant amounts of countryside that
provides value, both social and environmental.
· Flow Way: Drainage is being treated as isolated, linear ponds that segregate
residential areas within the proposed village. Other than small greens and smaller
parks, all other green areas, especially those housing the flow way, should be
external to the development.
TCRPC's Recommendations:
TCRPC's recommendation is NOT to grant the waiver to the Stop Gap Ordinance No.05-
016, until the above mentioned issues are fully addressed and re-submitted for review.
Council also recommends that the applicant modify their master plan to address the open
space, flow way, mix of uses and connectivity in a way similar to what is being proposed
in the attached alternate plan.
Please feel free to contact me if you have any additional questions.
Sincerely,
Marcela Camblor
Urban Design Director
Cc: Doug Anderson, County Administrator
Katherine Gendre, Bedner Groves
Commissioner Doug Coward, Chairman
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· 03/'~7 /06
FZABWARR
FUND
001
001001
001124
001146
001156
001159
001166
001174
001179
001200
001257
0012~2
001289
001299
001404
001814
101
101002
101003
101004
101215
102
102001
102803
003
107
107001
107002
107003
107006
121
130
130201
130203
140
140001
140326
140336
150
160
183
183004
183006
185004
185006
185008
250
ST. LUCIE COUNTY - BOARD
WARRANT LIST #24- 11-MAR-2006 TO 17-MAR-2006
FUND SUMMARY
TITLE
General Fund
Recreation Special Events
FTA USC Section 5307 FY 99/00
FTA USC Section 5307 FY03
FTA USC Seeton 5307 Oper. Assist.
FTA Section 5303 Grant FY 04
Section 112/MPO/FHWA/Planning 05
FHFC Disaster Relief Grant
CSBG FY 06
CTD Medicaid Non-Emergency Trips Gr
TDC Planning Grant F/Y 06
FDOT Transit Services Marketing Pln
FDOT Trans Buses and Infrastructure
FDCA Emergency Mgmt Prep & Assistan
05 CSBG Sup Diaster Recovery
Floridian Aquifer Well Monitoring N
Transportation Trust Fund
Transportation Trust/80% Constitut
Transportation Trust/Local Option
Transportation Trust/County Fuel Tx
FDOT Traffic Signal System Grant
Unincorporated Services Fund
Drainage Maintenance MSTU
Paradise Park. S L C Stormwtr Imp.
Hurricane Frances Donations
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
Blakely Subdivision Fund
SLC Public Transit MSTU
FDOT Fixed Route Grant
FDOT-Fixed Route Grant
Port & Airport Fund
Port Fund
FDOT Rehabilitate Airfield Lighting
Rehabilitation of Taxiway E
Impact Fee Collections
Plan Maintenance RAD Fund
Ct Administrator-19th Judicial Cir
Ct Admin.- Teen Court
Guardian Ad Litem Fund
FHFA SHIP FY03/04
FHFA SHIP FY05/06
FHFA Hurricane Housing Recovery
Capital projects I&S
EXPENSES
2.569.895.15
242.75
737.00
14,763.00
22.192.00
39.93
819.60
1.012.00
1.772.36
46.572.66
60.95
9.917.50
315.53
7,225.58
97.89
117.03
4,795.48
56.893.85
12.379.34
8.266.83
1,355.50
12,206.61
1.393.72
25.485.00
1.500.00
2.285.27
3,077,713.54
84.19
35.630.89
23.961.29
69.605.61
79.31
187.04
50,935.15
72,774.48
22.009.73
201. 90
51.536.78
200.322.72
615.33
3.994.75
1,872.07
417.06
1.470.48
160,000.00
127.36
150.747.34
10.873.87
PAGE
1
PAYROLL
530.27
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
· 03-/1.7/06
FZABWARR
FÙND
282
310002
310203
315
316
317
370001
37002
37003
37004
382
39007
401
418
451
458
461
471
478
479
491
505
505001
611
630
688
691
694
ST. LUCIE COUNTY - BOARD
WARRANT LIST #24- 11-MAR-2006 TO 17-HAR-2006
FUND SUMMARY
TITLE
EXPENSES
Environmental Land I&S Fund
Impact Fees-Parks
FBIP River Park Marina
County Building Fund
County Capital
County Capital-St Revenue Share Bnd
Academy Drive MSBU
West First Street MSBU Capital
Smallwood MSBU
Grey Twig Lane MSBU
Environmental Land Capital Fund
Indian River Estates MSBU
Sanitary Landfill Fund
Golf Course Fund
S. Hutchinson Utilities Fund
SH Util-Renewal & Replacement Fund
Sports Complex Fund
No County Utility District-Cperatin
No Cty Util Dist-Renewal & Replace
No Cty Util Dist-Capital Facilities
Building Code Fund
Health Insurance Fund
property/Casualty Insurance Fund
Tourist Development Trust-Adv Fund
Impact Fees Fund
Law Library
Tax Deed Overbid Agency Fund
Briargate MSBU
North AlA MSBU
Raintree Forest MSBU
1.000.00
1.277.50
51.264.00
193.872.60
20,834.95
92.000.00
1.258.64
4.920.76
3,093.38
10.572.06
1,144.67
3,572.35
354,384.77
33.343.83
21.616.34
11.814.00
50,564.09
62.119.32
9.319.00
109.30
42.353.45
115.927.95
15,444.25
366.99
148.727.52
13.341.89
227,866.98
2,862.43
8,455.66
7,124.49
GRAND TOTAL:
8.248.056.59
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
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
5,524.64
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
6,054.91
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AGENDA REQUEST
ITEM NO.C2A
DA TE: March 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. 06-099 Extending the State of Emergency for Hurricane Wilma
BACKGROUND:
See attached memorandum
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDA TION: Staff recommends that the Board approve Resolution No. 06-
099 and authorize the Chairman to sign the Resolution.
COMMISSION ACTION: CONCURRENCE:
I)(] APPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0
County Attorney:
~
Review and Approvals
Management & Budget Purchasing:
Originating Dept.
Public Works Dir:
County Eng.:
Finance: (Check for copy only, if applicable)
Eft. 5/96
INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO:
Board of County Commissioners
FROM:
Daniel S. McIntyre, County Attorney
C.A. NO,:
06-451
DATE:
March 14, 2006
SUBJECT:
Resolution No. 06-099 Extending the State of Emergency for
Hurricane Wilma
**************************************************************************
BACKGROUND:
Attached is a copy of draft Resolution No. 06-099 extending the state of
emergency for Hurricane Wilma until March 30, 2006 at 6:00 a.m.
RECOMMENDATION/CONCLUSION:
Staff recommends that the Board approve Resolution No. 06-099, as drafted.
DSM/caf
Attachment
RESOLUTION NO. 06-099
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 authori·zed 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 30, 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
March 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 March, 2006.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK
CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
1,-. -
AGENDA REQUEST
ITEM NO. t-3fJ
DATE: March 21, 2006
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X]
PRESENTED BY:
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115
SUBJECT:
Approval from the Board of County Commissioners to accept the Grey Twig MSBU and for final
payment in the amount of $67,239.20 to be made to Felix Associates LLC.
BACKGROUND:
See attached memorandum
FUNDS AVAIL.
37004-4115-534000-38005 Contractual Services
PREVIOUS ACTION: 03/08/2005- Award of Grey Twig Lane MSBU to Felix Associates, LLC in the
amount of $101 ,375.75. 12/13/2006 - Change Order NO.1 in the amount of (-$16,455.70) approved
RECOMMENDATION:
Staff recommends the Board accept the Grey Twig MSBU and release the final payment to Felix
Associates LLC in the amount of $67,239.10 and authorization for the Chairman to sign.
COMMISSION ACTION:
CONCURRENCE:
~] APPROVED
[ ] OTHER:
[ ] DENIED
Approved 5-0
[,ICo,"1y AOomey ~
[x]Public Works ~ ~ ~
[ ]Finance (
Coordination/Sianatures
[x]Mgt. & BUdget~
[x]MSBU Coor ~
l ]Fiscal Coord.
[ ]Other
DIVISION OF ENGINEERING
MEMORANDUM
FROM:
Board of County Commissioners
Mike Powley, County Engineer M"P
TO:
DATE:
March 21,2006
SUBJECT: Grey Twig Lane MSBU
Final Payment to Felix Associates LLC
BACKGROUND
The Grey Twig MSBU project has been completed and all final inspections have been done. Copies
of all Release of Liens have been received. The project is ready for final payment to be made.
( The followina to be comoleted bv the Contractor ):
PROJECT NAME GRAY TWIG LANE MSBY for POTABLE WATER
ENGINEER'S PROJECT NO.
OWNER: BOARD OF COUNTY COMMISSIONERS. ST. LUCIE COUNTY. FLORIDA
CONTRACTOR FELIX ASSOCIATES, LLC BEGIN DATE
APPLICATION AMOUNT/DATE: 8.25.05 NO. CAL. DAYS
~~ 'fJ R n ~" ~ r""
n 0 J,J-~ LlJ l.Ç U \r, l~ \ r ¡
I .
JANIS. ~
APPLICATION FOR PARTIAL PAYMENT NO.2 AND FINAL
NGINEERING .
4/20/2005
8.25.05
SCHEDULED COMPLETION DATE
30 Days
9.15.05
FOR PERIOD ENDING:
TABULATION OF AMOUNT DUE THIS APPLICATION
TOTAL CONTRACT COMPLETED TO DATE
(See Attached "Estimate of Completed Work')
BY CONTRACTOR
AS APP. BY ENG.
$
% COMPLETE ( +) $
% COMPLETE ( +) $
% COMPLETE ( +) $
% COMPLETE ( +) $
GROSS AMOUNT DUE $
10% RETAINAGE (-) $
AMT. DUE TO DATE $
LESS PREVo PAY. (-) $
AMT. DUE THIS APP. $
84,920.05
iC' .;",,:;'ìS. '7 s- /
( It~)' ./Fj(~~. 1( Ý
CHANGE ORDER NO. ---L. @ @
CHANGE ORDER NO. 2 @ @
CHANGE ORDER NO. ~ @ @
CHANGE ORDER NO. 4 @ @
Previous Payments:
#1
#2
#3
#4
Total $
84,920.05
17 ,680.95
67,239.10
f"':\ I (t 'ú~ , ( S'-' /'
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84,920.05
CONTRACTOR'S AFFIDAVIT
The undersigned Contractor hereby swears under penalty of perjury that all previous payments received
by the Contractor under this Contract have been used to discharge in full all obligations for work covered
by such payments.
CONTRACTOR FELIX ASSOCIATES, LLC. DATE 6/1/2005
BY V. &-.-9--- TITLE VICE PRESIDENT
Vincent J Amato
COUNTY OF
STATE OF
Before me this '2.(,. day of Äv" , 20 ()? ,personnaly appeared
V\'f.~ÚN\t ~. ~ðt~ " known to me, who being duly sworn, did depose and say
that he is the V \ c.6 P ð.th I. ~ (office) of the Contractor above mentioned; that he
executed the above application for the payment and statement on behalf of said Contractor; and that all of
the statements contained therein are true. correct and complete.
My Commission Expires:
,\\\\1/11 B. I. ,
",,~...'f-.Y. ~.(¡~III enJa.ID.l.Il B, BauDJliller
f ~:' Â "~\ Commission;; DD34~
~:;"..~,:~': Explres: AUG, 22. 2008
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"I,~", ""' At.la.ntíc Bonding Co.. !.nc.
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Nota ublic
.....
( The Followina to be comDleteed bv the Enaineer ):
TO: BOARD OF COUNTY COMMISSIONERS, ST LUCIE COUNTY, FLORIDA
The above applicant for payment by the Contractor has been reviewed by the engineer hereby
approves the pa~ent under this application in the amount of /() t-;y~~q . \0
SUBJECT TO CONTRACTOR SIGNING ABOVE AFFIDAVIT.
l' ;
r.:-
ST LUCIE COUNTY ENGINEERING DEPT.
. .
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DATE:
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Project: Gray Twig Lane MSBU for Potable Water
CHANGE ORDER #1
Contractor Felix Associates, LLC
Notice to Proceed Date:
Additional Time:
100-A Remobilization LS 1.00 $1,000.00 $1,000.00
104-4 Removal of Existing Pavement SY 826.00 ($2.20) ($1,817.20)
285-711 Optional Base (18" Thick) SY 826.00 ($8.75) ($7,227.50)
331-2 Type S Asphaltic Concrete TONS 48.000 ($89.50) ($4,296.00)
1613-130-513A 4" Water Main LF 690.00 $10.50 $7,245.00
1642-151-13 4" Gate Value EA 1.00 $750.00 $750.00
1610-123--97 4" Tee W/Restraints EA 1.00 $950.00 $950.00
1613-130-518A 8" Water Main LF 690.00 ($17.00) ($11,730.00)
1642-151-18 8" Gate Value EA 1.00 ($1,150.00) ($1,150.00)
1648-100-1A 8"x12" Tapping Tee & Valve EA 1.00 ($3,180.00) ($3,180.00)
999A Restocking Fee 8" Material LS 1.00 $1,000.00 $1,000.00
999B Removal of Sand Cement LS 1.00 $1,000.00 $1,000.00
999C Sand CementDisposal Fee EA 4.00 $250.00 $1,000.00
Total ($16,455.70)
ST. L U C I E CO UN T Y
ENGINEERING DIVISION
LETTER OF TRANSMITTAL
TO:
DanielS. Mcintyre, County Attorney
FROM:
Chester Belcher, Project Manager
DATE:
January 23, 2006
SUBJECT: Grey Twig Lane MSBU
These are transmitted as indicated below:
< ~¡.\\ t,,¡ 2 .s
, ~., -.1"
COPIES DESCRIPTION
1 Release of Lien from Amy Galladay
1 Release of Lien from Tracy 0' Brien
1 Release of Lien from Felix Associates
1 Release of All Claims from Felix Associates
_ For your information
_ Take appropriate action
_ For execution/signatures
Review and comment
_ As you requested
_ For your records
XX For your approval
For recording
COMMENTS Please review for correctness.
Attachments(4)
rö) 0 111 ~ ~l
un .. 3200ì ~.
ENGINEERING
,\A<Þ
~\~
\ ()~ ,\)wY 9 Î,f\
\\ ~\Ot,L' I) ß \
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FEU XASSOCI A TES
NA lUNA~ WAI~~WU~K~
PAGE 133/134
r'A<:';¡~ I::Jl
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I l('tTlOfìQJJ .~'
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113/136/213135 15:32 772878131213
~~/~b/~~~~ l~:~~ 4I:;Jr~b(~1::J1~
f ,a""",,......,...........) ...~.\J... r~ tl" o,.'"ø.;;>
t'·t::L1A.
COtiTRACTOR'~ AFfIDAVIT \NO R.ELE~SE O~ LIEN
'.
STATE OF ~ .
COUN,.)' OF
eEFOR~ME, the undersigned authority, personally appeared _
"J).t.U.. C' "elf\. . w~o u~'s or tl\tir pf!r~Onal knowledge tha::
I. . n.y .r. -~)/Jh- ~~lAa(2lat$ Df 2di.I.t (JAJ..,~LQj~,oMc.
which does business in tn State gf Florida. (hereinafter c~Hed the
"Contr2lc;tor").
2.
Contractor, pursuant to the Contrec:t dated
(herelnaf't@r referred to as the ..Co ntrill tt'") w'th9,/u~il! f.bJ þ-I':HJ.ll~ðnmf'fliLL·olUl
(herein after referred as the ~Ow er'"), t: c r ITn cÇ)n trLlc:rlon rl!!!'i~
prc;ject k:nown as L/. - ' _ h~s
heretofore furnlstlea. or c: eel furnished. laþgr materials and ser\licè for
the construction of certain water and sewer utility improvements. as more
particularly set fort" in the Contrëlct.
Contractor represents that all work ta be prerormed under the ~lfore!5ald
Conttilct t1as been fully completed and that all lienors under the djr~ct Contr2(:t
have been paid In full, or, " not, h~ve exec:uted Partial Waiver of Liens. Which
Partl~1 waivers are ..ttJlched hereto.
In c:cns:ldt!!ration of finll payment to ,the Cgntractor. and ..II otltll,
previous payments peid by the Owner to the Contr~ctOt, the undersigned does
hereby, fQr arid in behalf of th~ CClntrilctor, wajve. release Qnd reHnqtlish th'~
Contractor's right to ~ny Claim Ot dem¡nd or right to Impose ~ li@n or liens for
work done or materials for SIIrvices furnished or any other cluJ of lien
wh.tsoever, on any of the prgperty owned or to be tranSferred for oWfl ~rShlp to
the City of Port St. Lucie, Including eilsement and rlght·of-way ownership
interests, on which Improvements have been ccmple~ed in connection with the
aforementioned Contract.
3.
4.
s.
full (,nd rina)
STATe OF ~
COUNTY OF 'I)..J.,
8- The foreaolng ¡Dstrumen! was .'6~~~g.. "..êfore me this 1O day of
~ ~ by \1ì1f~ 1P:ìi liP as
rJ1Q~l~ of n:b~ I Ö!rt:Jh J jryy" -
SaId oerson (check. one) .!p is person!lI.,. known to me, or 0 ,::rodluced
õ!s f nt-Iflcatlon,
~... '.....I;f!.... CATHY DESSlEY
. M W MY CONMISSION · DD 3SS2.S1
~\ . · ~)(P!R~: J ,jy 7, 2008
oRY.. &øwIoó"". NIM,y.....'C _lIor.
---
Prinlelif N~mc
NDtery ,"ubllc, StlJt!! o.f
P3ge 1 rL 1
~.~'
;..-0:
FELIXASSOCIATES
PAGE 04/04
~'i.
~i -Tw<jJvu-
1.0/95/2005 15:32 ïï28ï80120
09!Z~!200~.lZ;~J FAX 772 6T974B~
FEll X
¡- f)Q../
CONTR.ACTOR'S AFFIDAVIT AND RELEASE OF lIe~
STATE OF~ ~
COUNTY OF . .~
. ,BH..?~E ME, the und!rslgned authority, personally appeiHed -
A'VY\~ll()r:\n <f ' whO says 01 their personal knowledge that:
1. They are ..)U b- ~ÒQfJ./l(-i~ of q~ 01b.QC, eJ./.6 .
whi~h doe.s buslness in the srate 01'· Florida, (hereinafter C: I) led the
"'Contractor") .
2.
Contr!c:tor. pursuant to the Contract dated
(hereinafter referred to CIS the "Contract") withJl,lw".i..t. ('lit P~t'ud~
(herein after referred as the "Owne "'), for ert In co stru tt'on ~Iareð -to 21
project known as'- . has
h!retofore furnished, or ca furnlsheð. labor materIals and service for
the construction of certain water and sewer utility improvements, ¡is more
particularly set forth In tne Contract.
Contractor represents tha~ all work to be preformed under the aforesaid
Contract has been tully completed and that all lIenors under the direct Contract
have been paId In full, or, if not, have executed Partial WaIver of lien:;, which
Partial waivers are attached hereto,
In consIderation of final payment to the Contractor, Bod all other
previous payments paid by the Owner t.o the Contrador. the undersigned does
hereby, for and in behalf of the Contractor. waive. release and relinquish the
Contractor's right to any daim or demanØ or right to Impose a lien or I: ens for
work clone or m8terials for servl~e5 furnlsned or any other class of lien
whatsoever. on ~ny af the property owned or to be tr.nsferred for ownt:r~hj~ to
the City of Port St. Lucie. Inc;luding easement and right-or-way ownersnlp
interests, on which Improvements have been completed in connectIon with the
aforementioned Contract.
3.
4.
s.
The Ament represents tnat he haS authorIty to execute a full and final
R.eleê'se of Lien for and on behalf of the 0 tractor.
~~~~6~~~ 1 %
- "~""
(' 0 ~DTne foregoing IlW,ument :as ac'IPowledg~ befo," me this 9Y day of
~~v:--.! 2Q0P::--L by ~v\A.l.( 90, I (Q Uá<..J . . CIS
ß __'-__ M.lli rYl.("SD::I..t,J:lV of V'-{~ /~)I J...X. V
Said person (check one) IW--fš pefsonally kno to ml!, or 0 produced
as Identif ion.
;~?
-
Printed ame Ú. J
l'Cotary Public, Stiltc: Df ¡~. ~
Notary Public Stale 01 FJorid3
Jay Ell WoIf8
My CommisSion CD429461
Expif85 05/1 512009
Page 1 of 1
~.~
\~)
~
PORT ST. LUCIE OFFICE
851 SW DARWIN BLVD
Port St. Lucie, FL 34953
Phone: 772.879.6510
Fax: 772.879.7485
FINAL WAIVER AND RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS; That the after signed Felix Associates, LLC" In consideration of final
payment by ST. LUCIE COUNTY BOARD OF COUNTY COMMISIONERS UPON receipt final payment and retainage
hereof is hereby acknowledged, and other valuable considerations and benefits to the undersigned accruing, do hereby
release and quit claim all liens, lien rights, claims, or demands of every kind whatsoever which the undersigned now
has, or may hereafter have, against that certain real estate and the improvements thereon, situated in S1. Lucie County,
Florida and described as:
GRAY TWIG LANE MSBU
On account of work and labor performed, and/or materials furnished in, to, or about the construction of any building or
buildings situated thereon, or improving said property above described, or any part thereof.
It being the understanding that this is a FINAL WAIVER AND RELEASE OF LIEN which the undersigned has against
the premises described herein, for all goods and services furnished through October 6, 2005. The undersigned further
states, represents, and warrants that no assignment of said liens or claims, nor the right to perfect a lien against said
real estate has been or will be made, and that all subcontractors of the undersigned, in connection with the construction
or improvements upon the aforesaid premises, have been fully paid.
IN WITNESS WHEREOF WE HAVE EXECUTED THIS INSTRUMENT
UNDER SEAL THIS (9-+\.. DAY OF D~t, 2005.
BY:
PRINT [':<JAME VlV\(.,~ AV'V'\fÅ. to
SIGN \j.~
TITLE
V~f.
State of Fl...OP..10A
County of CS '(", LuLl f:
The forgoing instrument was acknowledged before me this (þ4.h day of Oc.A .
. He/She is personally known to me or has produced
as identification and did (did not) take an oath.
2005, by
~(þ.H~b.~
Nota ublic
~.z. '2..0ß
My Commission Expires
,..'".''' B _:. ' B B ",""""ie
....""', pi,",_ eliJa.lIilil, a~ r
ti:"::'i. ~'~:i\ CommiSSiOD # DD348.682
. " !:::1 .' -" ' . "'G ~2 2"0'
:;I\'.~:$:ûpues: t\é,", v~
";Ii.: . " . .~~ ,.: B 0:' è i: d Tl1J1J
"I""g~,~",'" Atlantic BUDding CO'I !Le.
~
RELEASE OF ALL CLAIMS
KNOWN ALL MEN BY THESE PRESENTS:
That the W1dersigned, being of lawful age, for the sole consideration o~ 5~o ' 19 0 to the undersigned in hand paid, receipt whereof is
hereby acknowledged, do/does hereby and for my/our/its heirs, executors, adnùnistrators, successors and assigns release, acquit and forever discharge
Felix Associates, LLC 851 SW Darwin Blvd, Port St Lucie, FL 34953 and his, her, their, or its agents, servants, successors, heirs, executors,
administrators and all other persons, fIn11s, corporations, associations or partnerships of and from any and all claims, actions, causes of action,
demands, rights, damages, costs, loss of service, expenses and compensation whatsoever which the W1dersigned now haslhave or which may
hereafter accnJe on account of or in any way growing out of any and all known and unknown and unknown, foreseen and unforeseen bodily and
personal injuries and property damage and the co.nseq~. _ ZS ~ereof resultin. g or to result from the aSfident, casualty or event which occurred on or
about the €I day of µ"". at or near d. .'" (' {:' Il/lfi.lf J/ t'rit{ ...V/i1.---''
(~aho:¡n oI)J}d'càent) .~ j..~ q ( '7 7 J _ C ;.¡ t· - ¿,' J '-.lG(
....... a: ¡:::..(ßu'l-<.' ß _ ..:;..; \ J .p ..j/..... J -'"'- t
It is understood and agreed that this settlement is th'compromise of a doubtful and disputed claim, and that the payment made is not to be construed
as an admission of liability on the part of the party or parties hereby released, and that said releases deny liability therefore and intend merely to
avoid litigation and buy their peace.
The W1dersigned hereby declare(s) and represent(s) that the injuries sustained are or may be permanent and progressive and that recovery therefrom
is W1certain and indefInite and in making this Release it is understood and agreed that the W1dersigned rely(ies) wholly upon the W1dersigned's
judgment, belief and knowledge of the nature, extent, effect and duration of said injuries and liability therefore and is made reliance upon any
statement or representation of the party or parties hereby released or their representatives or by any physicians or surgeon by them employed.
The W1dersigned further declare(s) and represent(s) that there may be unknown and unanticipated injuries resulting from the above stated accident,
casualty or event and in making this Release it is understood and agreed that this Release is intended to include such injuries. ( .... 0 ' (... j""~)
The W1dersigned further declare(s) and represent(s) that no promise, inducement or agreement not herein expressed has been made to the
W1dersigned, and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not
a mere recital.
llis Release expressly reserves all rights of the person, or persons on whose behalf the payment is made and the rights of all person in privity or
connected with them, and reserves to them their right to pursue their legal remedies, if any, including but not limited to claims for contribution,
property damage and personal injury against the undersigned or those in privity or connected with the W1dersigned.
THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT.
Signed, sealed and delivered this I L-J day of I ;) ,20 £:!L.
CAUTION:
READ BEFORE SIGNING BELOW
Agreed: (print Name) C J, ~ r ... ,.:.3 k- Hit., L
Agreed: (Sign Name) C)!LA./LJb.() é::: J..~ ~ .£ 0
STATE OF FLORIDA
COUNTY OF S1. LUCIE
appeared
/'<-/ Ý4 day of ¡)¡; (I ¿¡J/l)e¡-.2
(j!J1r/¿S t: MIl
, 20 D 5 , before me personally
On the
to me known to be the person( s)
named herein and who executed the foregoing Release and
acknowledged to me that
My term expires . y ///1) ¡;; ¿, CriL
I
C~~ ~O· \c:,oÐ (O.AŒ'O \2.\1..0S)
tv'~ A \L \).) c'. y- \..,:~¿\, t'--1 C¿ (~,¿ ~\t.~ k"-<.J,"*
volW1tarily executed the same.
, 20 Û Ú:'
,\\'''"'// John A. Wilson
.;,~YPIl"
;~lJ·~cnmmh.orinn # DDl12918
-; 0.~ ,iE Expires .JUne 6. 2006
-;',"";~ 'f!:...........~ Bœded 'I21ru
'"/p,~!;::\\" Atlantic Bonding Co., Inc:.
AGENDA REQUEST
ITEM NO. t 16
DATE: March 21, 2006
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X ]
SUBMITTED BY(DEPT): ENGINEERING DEPT
PRESENTED BY:
~:t=
County Engineer
TO: BOARD OF COUNTY COMMISSIONERS
SUBJECT: Lennard Road 1, 2, and 3 MSBU
Approval of Amendment No.4 to Work Authorization NO.8 to the Agreement for Engineering Services
with Culpepper & Terpening, Inc.
BACKGROUND: See attached memorandum
FUNDS AVAIL: Per Budget Resolution No. 00-260:
396-4115-563005-4502-lmp OfT Bldg-Consultant Engineer
PREVIOUS ACTION: April 6, 2004 - Board approved Amendment NO.3 to Work Authorization
No. 8 to the Agreement for Engineering Services with Culpepper &
Terpening, Inc.
RECOMMENDATION: Staff recommends approval of Amendment No.4 to Work Authorization No.
8 to the Agreement for Engineering Services with Culpepper & Terpening,
Inc in the amount of $18,310.
COMMISSION ACTION: CONCURRENCE:
[](APPROVED [] DENIED
[ ] OTHER:
Approved 5-0
[x]Finance
JJ
~'
Coordination/Sianatures
[x]County Attorney
[x]Public Works Dir
[x]Mgt. & BUdget~ N"Nq
[x]MSBU Coor ~p
[X ]Purchasing ~ r
-èt
COMMISSION REVIEW:
ENGINEERING MEMORANDUM
No. 06-001
TO:
FROM:
DATE:
SUBJECT:
Board of County Commissioners
Michael V. Powley, County Engineer MVÞ
March 14, 2006
Lennard Road 1,2, and 3 MSBU
Approval of Amendment NO.4 to Work Authorization No. 8 to the Agreement for
Engineering Services with Culpepper & Terpening, Inc.
BACKGROUND
On June 6, 2000, the Board created the Lennard Road1, Lennard Road2 and Lennard Road3
MSBU Projects to construct roadway, water and sewer improvements to a portion of the Lennard
Road Phase II Project and authorized the County Engineer to proceed with the final engineering,
permitting and design of the MSBU Projects.
On September 26, 2000, the Board approved Work Authorization No. 8 with Culpepper &
Terpening, Inc. to prepare the final engineering design of the roadway, water, and sewer
improvements for the MSBU projects, and for the environmental assessment and surveying.
On April 3, 2001, the Board approved Amendment No. 1 to Work Authorization No. 8 to the
Agreement for Engineering Services with Culpepper & Terpening, Inc. in a deductive amount of
($6,020.00) to omit the Environmental Assessment and Permitting Services relative to that portion
of Lennard Road lying outside of the boundaries of the Lennard Road 1,2,&3 MSBU project.
On August 26, 2003, the Board approved Amendment No.2 to Work authorization No.8 to
the Agreement for the additional Engineering Scope of Services with Culpepper &
Terpening, Inc., which required Wetland Delineation and Blood Sampling for the
Environmental Assessment portion of the project.
On April 6, 2004, the Board approved Amendment NO.3 to Work Authorization No.8 to the
Agreement for Engineering Services with Culpepper & Terpening Inc., for Task 10,
Surveying Services, Task 11, Design and Permitting Modifications, Task 12, Landscaping
Services, and Task 13, Fencing.
The subject Amendment 4 to Work Authorization No. 8 will provide additional Engineering
Services for Design, Assessment, and Acquisition purposes.
RECOMMENDATION
Staff recommends approval of Amendment No.4 to Work Authorization No.8 to the Agreement
for Engineering Services with Culpepper & Terpening Inc., Task 14, Surveys; Task 15, Expert
Witness and Needs/Alternatives Report; Task 16, Sidewalk Design and Continued Project Update
Meetings; and Task 17 Parcel Reimbursement Determination in the amount of $18,310.
Cc: Staff concurring
G:\ENG\MSBU\MSBU WORD\MSBU Projects\Lennard Rd\agendas\AGA-ENG6.doc
...'! "
AMENDMENT No.4
to
WORK AUTHORIZATION NO.8
for
Engineering Services
for
North Lennard Road and Prima Vista Boulevard Extension
Roadway Improvement Project
MSBU Project
(Savannah Ridge Elementary School to Silver Oak Drive)
Pursuant to that certain Agreement between S1. Lucie County "County" and Culpepper &
Terpening, Inc., "Engineer" for Engineering Services "Agreement", dated November 25, 1997
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 Authority has hereunto subscribed and the Engineer has
affixed his, its, or their names, or name, on the dates below.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
By:
CHAIRMAN
Date:
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
r f\
/) . L\, èt C la/H. '- \
I
By: CULP~ & TERPENING,INC.
~
WITNESSES:
------
/ C / \(~vr l..
/,i
/1, 'f<'" I ¡
\'-- .'('.. 1/" t.~
'==--' ; / f _ ;,J
Print Name:
Stefan K. Matthes, P .E.
Senior Vice President
March 3, 2006
Date:
Page 1 of5
P:IProj-2000100-84 N Lennard Road W A #8(Roadway)lcontI0084-W A8-Amend4~revised.doc
February 14,2006
'"
EXHIBIT" A"
SCOPE OF SERVICES
North Lennard Road and Prima Vista Boulevard Extension
Roadway Improvement Project
MSBU Project
(Savannah Ridge Elementary School to Silver Oak Drive)
The Engineer shall provide the following services for the Project:
Task No. 14
14.1 Swiezy Survey
The Consultant shall provide revised boundary surveys and construction easements and sketches
for the recent split in property.
14.2 Roddy Survey
The Consultant shall provide field data collection survey for the location of the internal pond on
the Roddy Parcel. This work effort has been requested by the property owners and will be
included on the Construction Plans for the North Lennard Road project.
Task No. 15
15.1 Expert Witness
The Consultant shall provide Expert Witness services as requested by the County regarding the
Henson Parcel. The Expert Witness work effort shall include attendance at meetings, preparation
of exhibits, and attendance at judicial hearings
15.2 Lennard Road Needs & Alternative Report
The Consultant shall prepare a brief Needs and Alternatives analysis for the North Lennard Road
corridor. The report shall be prepared as an exhibit for possible condemnation of property for the
North Lennard Road project. The work effort shall include a presentation to the St. Lucie County
Board of County Commissioners.
Task No. 16
16.1 Sidewalk Design
The Consultant shall provide a sidewalk design for the south side of the roadway from Sliver
Oak Drive to Prima Vista Boulevard (Station 322+00 to Station 347+00). The sidewalk shall be
6' in width, located along the outside edge of the current 80' right-of-way. The sidewalk shall be
shown on the typical section, plan & profiles, and roadway cross section sheets. The plans shall
Page 2 of 5
P:\Proj,2000\00~84 N Lennard Road W A #8(Roadway)\cont\0084~W A8,Amend4-revised.doc
February 14,2006
, '
include the limits of the required permanent construction easements that would be require to
construct the facility.
The final construction plans will denote that the above referenced sidewalk is not part of the
proposed construction effort, and will be constructed by others in the future.
16.2 Project Update Meetings
The Consultant will continue to attend monthly project update meeting for the duration of the
design and permitting of the project. It is anticipated that the project will be completed within
the next four (4) months.
Task No. 17
16.1 SAD Parcel Reimbursement Determination
The Consultant shall review the costs expended for advance construction of the infrastructure
improvement associated with the North Lennard Road MSBU provided by private developments.
The improvements include roadway, drainage, potable water and sanitary sewer construction.
The portion of the developer's costs that are attributable to the project will be determined along
with the amount, if any, for reimbursement to the individual developers for their advanced capital
outlay. The developments that provided advanced construction of the MSBU project are
MacDonalds, Walgreens, Prima Vista Crossing, Pine Summit and the S1. Lucie County School
Board.
Page 3 of 5
P:\Proj~2000\00-84 N Lennard Road W A #8(Roadway)\cont\0084-W A8-Amend4-revised.doc
February 14,2006
EXHIBIT "B"
COMPENSATION
North Lennard Road and Prima Vista Boulevard Extension
Roadway Improvement Project
MSBU Project
(Savannah Ridge Elementary School to Silver Oak Drive)
The Engineer shall be compensated for the scope of services described in Exhibit A above the
following Hourly and Lump Sum amounts:
A. Task No. 14
Task
14.1 Sweizy Boundary & Easement Surveys
14.2 Roddy Field Survey
Revised Amount
$ 950 L.S.
$1,400 L.S.
Subtotal Task No. 14
$2,350 L.S.
B. Task No. 15
Task
15.1 Expert Witness
15.2 Needs & Alternatives Report
Revised Amount
$4,500 Hourly
$3,500 L.S.
Subtotal Task No. 15
$8,000
C. Task No. 16
Task
16.1 Sidewalk Plans (south side Sta 322+00 to Sta 347+00)
16.2 Project Update Meetings
Revised Amount
$ 4,500 L.S.
$ 960 L.S.
Total Task No. 16
$5,460 L.S.
D. Task No. 17
Task
17.1 MSBU Reimbursement Determination
Revised Amount
$ 2,500 L.S.
Total Task No. 17
$2,500 L.S.
E. Total all Tasks shall now read $224,470
(Original Amount = $206,160)
Page 4 of 5
P:\Proj,2000100-84 N Lennard Road W A #8(Roadway)lcontI0084,W A8-Amend4-revised.doc
February 14, 2006
EXHIBIT "C"
PROJECT SCHEDULE
Culpepper & Terpening, Inc. will complete the tasks associated with Exhibit A in accordance
with the following schedule:
A. Task No. 14
~
14.1 Sweizy Boundary & Easement Survey
14.2 Roddy Field Survey
20 days from NTP
20days from NTP
B. Task No. 15
Task
15.1 Expert Witness
15.2 Needs & Alternatives Analysis
As Required
30 days from NTP
C. Task No. 16
Task
16.1 Sidewalk Design (Sta 322+00 to Sta 347+00)
16.2 Project Update Meetings
30 days from NTP
Completed in April 2006
D. Task No. 17
Task
17.1 MSBU Reimbursement Determination
60 days from NTP
Page 5 of 5
P\Proj~2000\00-84 N Lennard Road W A #8(Roadway)\cont\0084,W A8_Amend4-revised.doc
February 14.2006
'j
,
ITEM NO, 4A
DATE: 3/21/06
AGENDA REQUEST
REGULAR ()
PUBLIC HEARING ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: PURCHASING DEPARTMENT
PRESENTED BY:
ED PARKER. DIRECTOR
SUBJECT: Approval of Hurricane Related Purchases
BACKGROUND: Please see attached memorandum.
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: CONCURRENCE:
( ) APPROVED
( ) OTHER
( ) DENIED
Pulled Prior to Meeting
County Attorney (x)
~V'
I
Coord ination/SiQnatures
Mgt. & Budget (
Other ( )
Purchasing (x)
P//
Parks & Rec. ( )
Other ( )
Finance: (check for copy, only if applicable)_
·
r
PURCHASING DEPARTMENT
MEMORANDUM
FROM:
Board of County Commissioners
Ed Parker, Purchasing Director ~,
TO:
DATE:
March 15, 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
PURCHASING
DEPARTMENT
ED PARKER, CPPB
P.O. # DEPARTMENT
P2611599 Central Services Edlund Dritenbas Binkley & Architectural - Estimate to rehab Civic Center $1,200.00
Assoicates
P2611716 Central Services J & J Painting Painting bule trim around the exteriro of the Ft Pierce Comm. $875.00
Center
P2611736 Central Services Spades Contracting Co. Reroof Mosquito Control covered wash rack $2,000.00
P.O. # DEPARTMENT VENDOR DESCRIPTION TOTAL AMOUNT
P2610510 Golf Course Anderson Rentals Change Order - Portable restrooms $1,300.00
P2611772 Engineering Boose. Casey, Ciklin, Lubitz, Legal Services - S. Indian River Drive - South Project - Hubbard $1,663.08
Martens. McBans, O'Connell
P2611773 Central Services Ted's Sheds Replacement of aluminum storage shed - Savannas $2,242.73
Campground.
P2611813 Engineering Professional Service Ind. River Park Place @ Merritt Ditch Culvert Replacement
P.O.# DEPARTMENT VENDOR DESCRIPTION TOTAL AMOUNT
P2611443 Road & Bridge FEe Hurricane reimbursement on RR Crossings $3,800,09
P2611595 Road & Bridge Florida Native Replacement of damaged plants $2,455.00
P2611632 Library 1st Fire & Security Repairs to damaged equipment $700.00
P2611633 Parks & Rec Martin Fence Co. Replacement of chain link fence $4,361.18
P2611634 Parks & Rec J.A. Taylor Roofing, Inc. Remove & replace the roofs at N. side Football concessions $10,075.00
stand & storage bldg; Grisby Softball Field Press Box
P2611635 Parks & Rec Sea Coast Air Conditioning Grisby Baseball field - Furnish & install exhaust fan $10,932.00
& Sheet Metal
P2611666 Parks & Rec Sign Craft Display Sign in front of Lawnwood Stadium $5,134.42
P2611680 Road & Bridge Florida Native Replace damaged plants $2,450.00
P2611692 Road & Bridge Florida Native Replace damaged plants $2,400.00
P2611726 Road & Bridge Florida Native Replace damaged plants $1,830.00
P2611729 Road & Bridge Florida Native Replace damaged plants $1,900.00
P2611735 Parks & Rec MBV Engineering, Inc. Professional SVC5. - engineering inspection of Lawnwood $500.00
Bleachers
P2611739 Parks & Rec Wabash Valley Powder coated cast aluminum benches $1,734.80
P2611748 Road & Bridge Florida Native Replace damaged plants $1,750.00
P2611759 Engineering Jenkins & Charland, Inc. Bridge Evaluation $4,800.00
P2611788 Road & Bridge 3M Sign material $6,091.35
P2611789 Road & Bridge Universal Signs Sign material $43,701.00
P2611790 Road & Bridge 3M Sign material $19,957.50
P2611800 Road & Bridge Florida Native Replace damaged plants $2,400.00
P2611812 Road & Bridge Florida Native Replace damaged plants $2,450.00
P2611830 Erosion Taylor Engineering Professional SVC5. - Harbour Pointe Shoreline Erosion $11,001.00
FRANCES $4,075.00
JEANNE $9,005.81
WILMA $140,423.34
1;'fi'tj.;;;~~i'~S~J·0T1r:'ñ~lh'f!#.m.?"I'%~IMäl..~. ~.I MiW'~ð¥~j,¡1
'.'h,i.,.~..ìlift,.,. if.; ~1I!!wm",: !!I[!!W¡¡¡L~~~
10/05/2004 THRU 3/21/2006
10/5/2004 PO'S $25,155,890.27 2/22/2005 PO'S/CC'S $186,092.63
10/5/2004 CC STATEMENT $188,462.70 3/8/2005 PO'S/CC'S $152,822.90
10/12/2004 PO'S $877,545.68 3/22/2005 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
1/25/2005 PO'S $3,609,460.51 3/21/2006 PO'S $4,075.00
2/8/2005 PO'S $799,224.21 $45,737,199.78
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
12/1412004 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 3/21/2006 PO'S $9,005.81
- $38,295,109.34
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'S/CC'S $148,152.43
2/21/2006 PO'S/CC'S $92,880.53
3/21/2006 PO'S $140,423.34
- $11,582,388.58
t¡îì:Ðm~.mq·':·~'I~iJ£EI'SE.ìiIfjj£""Œ:.§B~
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ITEM NO. 4B
DATE: 3/21/06
AGENDA REQUEST
REGULAR ( )
PUBLIC HEARING ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: PURCHASING DEPARTMENT
PRESENTED BY: ED PARKER, DIRECTOR
SUBJECT: Approval of Work Authorization NO.8 to Contract No. C03-02-269 with Kimley-Horn &
Associates for the planning and engineering services associated with the permitting and
construction of two (2) softball fields and one (1) baseball field and associated facilities
at the Lawnwood Recreation Complex.
BACKGROUND: Please see the attached memorandum.
FUNDS AVAILABLE: Account # 129-7210-563005-75009 (Parks Referendum/Improvement to
Other Buildings/Maintenance Improvements)
PREVIOUS ACTION: Please see the attached memorandum.
RECOMMENDATION: Staff requests Board approval of Work Authorization NO.8 to C03-02-269
with Kimley-Horn & Associates for the total amount of $74,300.00, and
authorization for the Chairman to sign the Amendment as prepared by the
County Attorney.
COMMISSION ACTION: CONCURRENCE:
('X APPROVED () DENIED
( ) OTHER
Approved 5-0
County Attorney (X)
c:¡ .
~/
Coord i nation/Sianatures
Mgt. & Budget ()'{JY Vli\~~
Other ( )
Purchasing (X) ~F
Other ( )
Engineering. ( )
Finance: (check for copy, only if applicable)_
PURCHASING DEPARTMENT
MEMORANDUM
TO: Board of County Commissioners
FROM: Ed Parker, Purchasing Director ~ ~
DATE: March 14, 2006
RE: Approval of Work Authorization No. 1 to Contract No. COS-OS-282 with GLE
Associates, Inc. for Architectural Services - New Offices, Restrooms, and
Concession Building at the St. Lucie County Fairground
Background:
On February 2S, 2003, the Board approved awarding Bid 03-013 - Engineering Services to
Kimley Horn & Associates (COS-OS-282).
On January 24, 2006, the Board approved the Second Extension to COS-OS-282.
Staff is now requesting Board approval of Work Authorization No. 8 to Contract No. C03-02-269
for the planning and engineering services associated with the permitting and construction of two
(2) softball fields and one (1) baseball field and associated facilities at the Lawnwood Recreation
Complex. The services will include as-built research, site planning, irrigation design, construction
documents, permitting, determination of material quantities, preparation of bid documents and
construction phase services at the option of the county.
Recommendation:
Staff requests Board approval of Work Authorization NO.8 to C03-02-269 with Kimley-Horn &
Associates for the total amount of $74,300.00, and authorization for the Chairman to sign the
Amendment as prepared by the County Attorney.
EP/jc
WORK AUTHORIZATION NO.8
Engineering Services
C03-02-269
Parks & Recreation Department
Lawnwood Softball and Baseball Fields
Pursuant to that certain Agreement Between County and Engineer for Continuing
Professional Engineering Services (the "Agreement") between St. Lucie County (the
"County") and Kimley-Horn and Associates, Inc., (the "Engineer") dated February 25,2003,
hereby agrees to provide professional engineering services under the terms and conditions
set forth in the proposal, attached hereto and made a part hereof as Exhibit "A'. This Work
Authorization shall not exceed $74,300.00.
IN WITNESS WHEREOF, the County and the Engineer have executed this Work
Authorization, effective this day of 2006.
ATTEST
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
WITNESSES:
KIMLEY-HORN AND ASSOCIATES, INC.
BY:
Print Name:
Title:
03/09/2006 17:39 FAX 7727949368
KDl:LEY -HORN
~=~
Kimley-Horn
and Associates, Inc.
EXHlBIT "A"
SCOPE OF SERvlCES
PHASE I:
Task 1 - Preliminary Site P1anning
KI!.A ,¡vil1 create a site plan showi.ng two (2) softball fields and one (1)
baseball field. The general layout of the fields \vill minor the existing
softball fields adjacent to the proposed project. Parking for the softball
fields v.,till be provided south of the fields in a grassed lot that is also used
for parking for the proposed soccer fields.
As pfu-L of this task. KHA \vi 11 research as-built information on file \vith the
Fort Pierce Utility Authority regarding the existing manholes and sewer
hnes on the sHe. Any existing water lines near the proposed soccer fields
will also be 5ho\\'11. Drinking fountains and other amenities requiring
potable water wiH be discussed with St. Lucie County Control Services at a
later date.
The telephone providers for the area will also be contacted about relocating
existing poles in the site. KHA wi11 schedule a pre-application meeting
\vith the South Florida Water Management District and discuss the
feasibihty and permitting requirements for relocating the existing swales at
the south end of the site.
KHA v"il1 also meet \vith appropnate departments at the City of Ft. .Pierce
to determine the requirements for site plan approval and any tree removal
proposed as part of this project.
Task 2 - Irrigation Design
KHA wj]} coordinate \'v'ith St. Lucie County and prepare construction
documents to irrigate the proposed fields. As requested, by St. Lucie
County. Toro equipment \vi11 be used in the design.
l4J 003/006
03/09/2006 17:39 FAX 7727949368
KHI:LEY-HORN
I""l-n
¡.J.U
Kímley~Horn
and Associates, Inc.
PHASE II:
Task 1 - Construction Dra""ings
KHA will prepare a set of construction drawings to be used for bidding
and construction purposes. TIle drawings \vi1l include the following sheets:
· Cover Sheet
· DemolitlOn Plan
· Site Plan
· Grading Plan
· Grading Detads
· Utility Plan
· UtiEty DetaiJs and Specifications
· Landscape Plan
· Irrigation Plan
· Landscape and Irrigation Details and Specifications
Task 2 - Permitting
As part of this task.. KHA will prepare and submit apphcations and
supporting documentation to the foJJo\ving agencies for approval:
· South F10rida Water Management District
· Fort Pierce Utility Authority
· City of Fort Pierce Planning and Zoning Department
PHASE ll1:
Task 1 - Construction Observation and Assistance
KHA will provide on-going construction observation services as needed
during construction and certi [¡cation of the proposed project.
Task 2 - Additional Meetings
KHA will attend meetings \vith St. Lucie County as requested during
design and pemlittìng of the proposed project.
í4J 004/006
03/09/2006 17:40 FAX 7727949368
KIMLEY-HORN
~_n
IIIII.J _ U
Kimley·Horn
and Associates, inc,
EXHIBIT "'B"
FEE
We will accomplish the services outlined in Phase I and Phase n for the lump sum
fee of $56,300 inclusive of expenses. Phase III - Task 1 and 2 will be undertaken
at the County's request and at an hourly rate not to exceed S 18,000, A breakdown
of the fee for each task is as foilows:
PHASE I:
Lump Sum Fee
Task 1 - Preliminary Site Planning
Task 2 - Irrigation Design
$13,000
$5,000
PHASE II:
Task 1 - Construction Drawings
Task 2 - Perrnitting
$28,500
$9.800
Total Lump Sum Fee
$56,300
Performed at the ¡lOurl}' rate ¡lOt to e.."Cceed:
PHASE Ill:
Task 1 - Construction Observation and Assistance
Task 2 - Additional Meetings
$8,000
$10,000
í4J 005/00'6
03/09/2006 17:40 F.~ 7727949368
KIMLEY -HOR..1I/
JIPí-n
-.J__
Kimley-Horn
and A.ssociates, inc.
EXHIBIT "C
SCHEDULE
Tne work as described in Phase I will begin ,vithin ¡ 0 days from the time that
notice to proceed is given. Whereas pem1itting time lines are out of our control, it
is anticipated that permits can be obtained \vith 120 days, Phase ill - task 1 will
folJow the time line of the construction phase and at the request of the County.
141 006/006
-----o!'
/
AGENDA REQUEST
ITEM NO. C5
DATE: March 21, 2006
REGULAR []
PUBLIC HEARING []
CONSENT [X]
TO: Board of County Commissioners
SUBMITTED BY (DEPT): Grants
PRESENTED BY:
Bill Hoeffner
Grants Writer
SUBJECT: Authorize the submittal of a grant application to the Florida Inland
Navigation District for $258,300 to be utilized for design,
engineering, and permitting of South Causeway Park shoreline restoration
and park improvements. Also, the Board is requested to approve Resolution
06-100 (Attached) which is necessary to complete the grant application.
BACKGROUND: South Causeway Park, on South Hutchinson Island in Fort Pierce, is the
most frequented waterfront park in St. Lucie County. The shoreline of
the park from the boat ramp to Chuck's Seafood is subject to heavy
erosion. This project is to both stabilize the shoreline and to provide
improvements to the park. The stabilization is conceptually intended
to involve the construction of a 2-foot high retaining wall and an
adjacent ten-foot wide promenade, filling eroded areas landward of the
promenade, and stabilizing the shoreline with native plantings. Planned
park improvements include a pier and pier pavilion, six pavilions near
the shoreline, two restroom facilities, and development of a fishing
village (Please see attached conceptual plan). It is also the County's
intent to continue the park design to the western side of the bridge by
means of coordinated landscaping, streetscaping, and decorative
lighting. This project is a cooperative effort involving the Fort
Pierce Redevelopment Agency and St. Lucie County. Projected cost of the
project is $9,192,950. It is anticipated that partial funding for the
project will come from the Fort Pierce Redevelopment Agency and
additional grants. This grant application is for funding for design,
engineering, and permitting of the project, the cost of which is
estimated to be $516,600.
FUNDS AVAIL.: The grant requires a 1:1 match. Matching funds will come from funds to
be made available in the County's 2006-2007 budget and from the Fort
Pierce Redevelopment Agency.
PREVIOUS ACTION: NA
RECOMMENDATION: Staff recommends the Board authorize the submittal of the grant
application to the Florida Inland Navigation District. Staff also
recommends the approval of the attached Resolution 06-100.
COMMISSION ACTION: CONCURRENCE:
County Attorney:
Originating Dept:
~7'i
. I¿
1/ .
coordination/Signaturesc
Mgt & Budget: {(.\.A.J B '\IN\^~:?)
Public Works:
[x]
[ ]
APPROVED
OTHER:
Approved 5-0
DENIED
Purchasing:
Other:
..~-
ATTACHMENT E-6 SLC Resolution 06-100
RESOLUTION FOR ASSISTANCE
UNDER THE FLORIDA INLAND NAVIGATION DISTRICT
W A TERW A YS ASSISTANCE PROGRAM
WHEREAS, THE 8t. Lucie County Board of County Commissioners is interested in carrying
(Name oj Agency)
out the following described project for the enjoyment of the citizenry ofSt. Lucie County and the State
of Florida:
Project Title South Causeway Park Shoreline Restoration
Total Estimated Cost
$516,600
Brief Description of Project:
This project is to stabilize the shoreline of South Causeway Park and to provide
passive recreational improvements within the park. The stabilization is
conceptually intended to involve the construction of a 2-foot wide retaining wall
and an adjacent ten-foot wide promenade, filling eroded areas landward of the
promenade, and stabilizing the shoreline with native plantings. Planned park
improvements include a pier and pier pavilion, six pavilions near the shoreline.
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 of Agency)
that the project described above be authorized,
AND, be it further resolved that said St. Lucie County Board of County Commissioners
(Name of Agency)
make application to the Florida Inland Navigation District in the amount of ~% of the
actual cost of the project in behalf of said St. Lucie County Board of County Commissioners
(Name of Agency)
AND, be it further resolved by the St. Lucie County Board of County Commissioners
(Name oj Agency)
that it certifies to the following:
1. That it will accept the tenus and conditions set forth in FIND Rule 66B-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)
..
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.
(Name of Agency)
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 Commissioners at a legal meeting
held on this
2151 day of March
2006.
Attest
Signature
Title
Title
Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92)
(2)
)fled puelSI Á-e asne
os ¡{¡un
elJnl "1S
...
~.
AGENDA REQUEST ITEM NO. C-6
DATE: March 21,2006
PUBLIC HEARING [
CONSENT [X]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Airport
PRESENTED BY:
Diana Lewis
SUBJECT: Request for authorization to demolish two derelict buildings at the St. Lucie County
International Airport
BACKGROUND: At the request of Airport staff, John Lenfesty, Safety Officer for St. Lucie County,
inspected two buildings at 4281 Taylor Dairy Road and 4300 Taylor Dairy Road, both of which are
located on County/Airport property. The structures were determined to be unsafe and unsanitary
could potentially expose County employees and the public to safety and health hazards and be a
liability for the County. The Safety Officer has recommended that the structures on these sites be
demolished and the debris removed immediately.
The bids provided by the demolition contractors do not include asbestos abatement. If asbestos is
found, additional funds will be required.
FUNDS AVAILABLE IN ACCT#: Funds are available in the Grounds Maintenance account #140-
4210-546300-400
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize the
expenditure from the Airport Department Operating Budget for Grounds Maintenance in the amount
of$12,990.00 and authorize LEB Demolition (Contract # C02-09-637) to demolish the buildings at
4281 Taylor Dairy Road and 4300 Taylor Dairy Road at the St. Lucie County International Airport.
COMMISSION ACTION:
[jkAPPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0
CONCURRENCE:
:Pr!
, .
Reviews & Approvals
County Attorney: ,3J:' OMB !- Lv i7111M$-Purchasing
Originating D~~ Other: Other:
Finance :( Check fór opY ~:if applicable)
SAFETY I RISK MANAGEMENT
MEMORANDUM #J-06-142
To:
RAYWAZNY
ASSISTANT COUNTY ADMINISTRATOR
CC:
DIANA LEWIS, CARL HOLEVA
SUBJECT:
JANUARY 27 2006r
JOHN LENFESTY /~ 1
SAFETY OFFICER/ l'
AIRPORT PROPERTY DERELICT BUILDINGS
DATE:
FROM:
On January 20, I inspected buildings on two separate sites located on County Airport property,
specifically a former nursing home at 4281 Taylor Dairy Road, and a metal storage garage at 4300
Taylor Dairy Road (see attached photos). The former nursing home is a 2-story residential-type
structure. I observed significant structural damage from the hurricanes and the resultant mold due to
water intrusion within the structure. It appeared that, when the building was vacated, some furniture
and equipment were left behind. Bottles of prescription drugs and needles were found throughout.
There was also evidence that the building has been used as a hangout for kids (graffiti, beer bottles,
etc.). There are also several small out buildings on the site, all heavily damaged.
I also inspected what I believe was a metal storage garage for agricultural equipment (see attached
photos). The building has been used as another teen hangout as evidenced by the graffiti and a
skateboard ramp. The building was structurally sound except for the damaged rolling garage doors,
probably damaged by the hurricanes. Old fencing material and other debris was strewn throughout.
Both of these sites have structures that are unsafe and unsanitary. The structures in their present state
are exposing County employees and the public to safety and health hazards and are a significant
liability for the County. I recommend that the structures on these sites be demolished and the debris
removed immediately. Once all debris is removed, another site inspection should take place to ensure
that nothing is left to expose someone to any hazards.
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FEB - 3 2('?j
COUNTY ADMINISTRATION
MEMORANDUM
06-09
FROM:
Diana Lewis
Ray Wazny, Assistant County Administrator ~
TO:
DATE:
February 1, 2006
RE:
Airport Property Derelict Buildings
Please ask Ed Parker, Purchasing Director, to get a quote to remove these structures and
follow up with a consent agenda to request for Board approval.
Thank you.
RLW/bjm 06-09
C: Douglas M. Anderson, County Administrator
John Lenfesty, Safety Officer
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