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HomeMy WebLinkAboutAgenda Packet 06-15-99n M BOARD OF COUNTY COMMISSIONERS www.stiucieco.gov June 15, 1999 7:00 P.M. INVOCATION PLED E OF ALLEGIANCE 1 MINUTES Approve the minute$ of i4 3. John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 v ie heting held June 8, 1999. i t � Unsafe Structu the following b, lam`" ....•� t 4�11 Consider staff recommendation trenter the ollowing order for aaauaaaso. r50Elm Avenue/owners- John and Maureen Abel 501 Weatherbee Road/owner-Marjorie Baskeyfield 1. The owners shall obtain a building permit by July 15, 1999 to either repair or 4?4emolish the building. If a permit is obtained by July 15, 1999, the owner shall V 'repair or demolish the building or cause the building to be repaired or demolished by September 15, 1999. 2. If the permit is not obtained by July 15, 1999 for repair or demolition of the If building or if a permit is obtained and the building is not repaired or demolished by September 15,1999, the County shall demolish the building and assess the entire cost against the real property where the building is located. IN ,STME\'T FOR THE FUTURE WGQ 4C. Ordinance No. 99-21- Consider staff recommendation to approve the or nfte increasing the local option motor fuel tax by? / IL TI All proceedings before this Board are electronically recorded. Anyrson who deci es to appeal any actintaken y the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim •ecord of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will ie sworn in. Any party to the proceedings will be granted an opportunity to cross-examine any individual testifying during a Bring upon request Lb — REGULAR AGENDA JUNE 15, 1999 �1 PAGE TWO ► I► kesolution No. 99-127/Petition of Broadmoor Alzheimer's and Memory Impairment - Center/Quasi-Judicial- Consider staff recommendation to approve the resolution granting a change in zoning from the RM-11 (Residential, Multiple-family-11 du/acre) zoning district to the I (Institutional) zoning district for the expansion of an adult congregate living facility. Location: 200 Dixieland Drive Petition of Donald and Louise Doran/Quasi-Judicial- Consider staff recommendation to continue the public hearing to July 20, 1999. F. Resolution No. 99-22/Petition of Paul J. Driscoll/Quasi-Judicial- Consider staff recommendation to approve the resolution granting a change in zoning from the IX (Industrial, Extraction) zoning district to the AG-2.5 (Agricultural - 1 du/2.5 acres) zoning district to utilize the property for agricultural uses. Location: southeast corner ,of the - intersection of Orange Avenue and Pulitzer Road . �JIZ Resolution No. 99-23/Petition of Wayne Skinner/Quasi-Judicial- Consider staff recommendation to deny the resolution granting a change in zoning from the AG-2.5 (Agricultural -1 du/2.5 acres) zoning district to the CN (Commercial, Neighborhood) zoning district to develop a convenience store, retail store specializing in feed, seed, agricultural accessories and retail western wear. Location: southeast corner of the intersection of Okeechobee Road and Eleven Mile Road Ordinance No. 99-17/Petition of W. D. White/Quasi-Judicial- Consider staff recommendation to deny the resolution granting a change in future land use designation from RS (Residential S urban) to COM (Commercial) to allow for the best use of the property. Location: 7701 ndrio Road Resolution No. 99-25/Petition of W. D. White/Quasi-Judicial- Consider staff recommendation to deny the resolution granting a change in zoning from the AG-1 (Agricultural - 1 du/acre) and CN (Commercial, Neighborhood) zoning districts to the CG (Commercial, General) zoning district to allow for the best use of the property. Location: 7701 Indrio Road 5. \TTY ATTORNEY / Resolution No. 98-296 - Consider staff recommendation to approve the resolution authorizing If borrowing of a not to exceed amount of $485,000 for financing a portion of the cost of the County's share of the renourishment of 1.3 miles of beach on South Hutchinson Island. *Oole CONSENT AGENDA '-ftw June 15, 1999 1. WARRANTS LIST Approve warrants list No. 37. A. Facilities Use Agreement- Consider staff recommendation to approve the sixth amendment to the facilities use agreement with DATA and authorize the chairman to sign the amendment. B. Domestic Relations Hearing Officer- Consider staff recommendation to approve the grant contract with the Department of Revenue for the domestic relations hearing officer program, and authorize the chairman to sign the contract. Also approve the fourth amendment to the agreement with Alberta S. Whitman, Esquire, and authorize the chairman to sign the amendment. ITNA1l to \ 1 / 04 0'O/ 1 Diem Local Mitigation Strategy Contract Modification- Consider staff recommendation to approve the Modification to the contract with the Department of Community Affairs and authorize the Chairman to execute. 4. PUBLIC WORKS A. Engineering- Consider staff recommendation to approve a work authorization with Inwood Consulting Engineers, Inc. in the amount of $38,995.00 for the design and permitting of a turn lane and signalization at the intersection of U.S.1 and Weatherbee Road, and authorize the Chairman to sign the work authorization as prepared by the County Attorney. B. Engineering- Consider staff recommendation to approve Work Authorization No. 3 with Kimley-Horn and Associates in the amount of $49,600 for the design and permitting of intersection improvements and signalization at the intersection of Edwards Road and Selvitz Road, and authorize the Chairman to sign the Work Authorization as prepared by the County Attorney. County Attorney- Consider staff request for permission to advertise a public hearing on the abandonment of the old alignment of Gilson Road on July 6, 1999. NININERY-Pro 11121 4► /"�Application Form- Consider staff recommendation to approve the application form for those wishing to serve on a County Board or Committee. �i 7. CENTRAL SERVI ES / Bid No. 99-54- Consider staff recommendation to award the bid for security glass replacement at Rock Road Jail to PWM Enterprises in the amount of $109,250. Also approve the transfer of $9,250 to cover the cost of the project. M M A.1 Resolution No. 99-153- Consider staff recommendation to approve the resolution providing for the acquisition and establishment of a separate water and sewer system- Holiday Pines and providing for the issuance of Holiday Pines Water and Sewer System Revenue Bonds. M en Date: June 8, 1999 Tape: 1 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Convened: 9:07 a.m. Adjourned: 9:40 a.m. Commissioners Present: Chairman, Paula A. Lewis, Frannie Hutchinson, Doug Coward, Cliff Barnes (late arrival, not present for item 1-5); John D. Bruhn (absent) Others Present: Doug Anderson, County Administrator; Phil Freeland, Asst. County Administrator; Dan McIntyre, County Attorney; Julia Shewchuk, Community Development Director; Ray Wazny, Public Works Director; Bill Blazak,. Utilities Director; Don West, County Engineer; Don Cole, Acquisitions Manager; Leo Cordeiro, Solid Waste Manager; Nick Dragash, Central Services Manager; Beth Ryder, Human Services Manager; Hank DuFour, Personnel Training Manager; Gayla Barwick, Tourism Manger; Uiidersheriff Williams; Deputy Nickel; A. Millie Delgado, Deputy Clerk; Belinda Huston, Deputy Clerk 1. MINUTES (1-032) It was moved by Com. Hutchinson, seconded by Com. Coward to approve the minutes of the meeting held June 1, 1999; and, upon roll call motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS (1-035) A. WPSL Christmas Kids/Leisure Services- The WPSL Christmas Kids presented a donation of $8500 to benefit the Lincoln Park Community Center Day Camp and the Port St. Lucie Community Pool swimming lessons. B. Resolution No. 99-123- Proclaiming the week of June 14 -22, 1999 as "Small Business Week" in St. Lucie County. It was moved by Com. Coward, seconded by Com. Hutchinson, to approve Resolution No. 99- 123; and, upon roll call, motion carried unanimously. No one was present to accept the proclamation. C. Resolution No. 99-122- Consider staff recommendation to approve the resolution accepting a 50% payment from the Florida Communities Trust and a donation of the other 50% from the Florida Inland Navigation District for a donation of approximately 33 I/2 acres, Walton Scrub site, on behalf of the Environmentally Significant Lands Program. It was moved by Com. Hutchinson, seconded by Com Coward, to approve Resolution No. 99- 122; and, upon roll call, motion carried unanimously: Ms. JoAnne Allen was present to accept the proclamation. 3. GENERAL PUBLIC COMMENTS (1-0295) Mr. David Keown, Lakewood Park resident, addressed the Board regarding the possible MSTU for the unincorporated area for transportation. He advised the Board of his opposition to this proposal as well as his opposition to the donation from F.I.N.D. Com. Lewis addressed Mr. Keown's comments. Ms. JoAnne Allen clarified the projects and also advised Mr. Keown of the shoreline protection project for which FIND is contributing funds. 4. CONSENT AGENDA (1-0444) It was moved by Com. Coward, seconded by Com. Hutchinson, to approve the Consent Agenda with item C-7-A being pulled for a future date; and, upon roll call, motion carried unanimously. 1. Warrant List The Board approved Warrant List No. 36. 2. MANAGEMENT/BUDGET A. Budget Amendment No. 99-120/Equipment Request No. 99-212- The Board approved the budget amendment and equipment request for the purchase of two printers for Court Administration. B. Budget Resolution No. 99-120-.The Board approved the budget resolution increasing the current budget for 97/98 SHIP Grant # 185202 by $64,732. 3. PUBLIC WORKS A. Westglen MSBU- The Board approved accepting the petition, directed the County Engineer to prepare the project report and preliminary assessment roll and granted permission to advertise the public hearing -to -be held on July 6, 1999. B. Port Entrance- The Board approved the extension of the Joint Participation Agreement with FDOT for the proposed north entrance to the Port of Ft. Pierce and Resolution No. 99-126 and authorized the Chairman to sign the extension. C. Solid Waste- The Board approved the grant applications to the Florida Department of Environmental Protection for the Waste Tire, and Litter Control and Prevention grants, and authorized the Chairman to sign the applications, agreements and quarterly reimbursement requests. 4. PERMISSION TO ADVERTISE/RECOMMENDED FOR A NIGHT MEETING Community Development- The Board approved advertising the following public hearings on July 6, 1999. Ordinance 99-003, amending the St. Lucie County Land Development Code to provide for additional standards and regulations governing land clearing and yard waste recycling operations in the unincorporated areas of St. Lucie County (first public hearing). Ordinance 99-004- amending Section 2.00.00, Definitions, of the St. Lucie County Land Development Code, to provide for the additions of a definition of the term contiguous and to amend the definition of gross density(first public hearing). ` 0,0 Ordinance 99-005- amending Section 7.10.23(L), Separation of the St. Lucie County Land Development Code, by amending the method for which variances may be applied for from the separation standards for telecommunication towers and habitable residential structures and residential zoned land (first pubic hearing). Ordinance 99-015- amending Section 3.01.03 (Q) CN Commercial Neighborhood zoning district, and Section 3.01.03 (S), CG Commercial General zoning district, of the St. Lucie County Land Development Code, by amending the list of conditional and accessory uses in these zoning districts (first public hearing). Ordinance 99-016- amending several sections within the St. Lucie County Land Development Code, to provide for a reassignment of duties and responsibilities between the Public Works Director (first public hearing). . Ordinance 99-018- amending Section 7.09.04(E) of the St. Lucie County Land Development Code, landscaped buffer areas between non-residential and residential uses, by amending the requirements for continuous screening between residential and non-residential uses (first public hearing). 5. COMMUNITY DEVELOPMENT Tourism- The Board approved payment of the May invoices to R.J. Gibson Advertising i the amount of $5,631.96. 6. PURCHASING A. Bid Waiver- The Board approved the bid waiver for the repair of doors at the Rock Road Jail and awarded the work to Correctional Equipment Company in the amount of $20,000. B. Bid Waiver- The Board approved the bid waiver for the re -sodding of Open Space football field and awarded the work to Stuart Sod, from quotations in the amount of $15,080 and authorized the Chairman to sign the contract as prepared by the County Attorney. C. Bid No. 99-53- The Board approved rejecting the bids for the Landfill Maintenance Building service crane replacement, modify the specifications and grant permission to re - advertise for bids. D. Bid No. 99-14- The Board approved awarding the bid for the Ideal Holding Road paving project to Ranger Construction in the amount of $84,442.02 and authorized the Chairman to sign the contract as prepared by the County Attorney and establish the project budget N as outlined. E.'�1 Permission to advertise- The Board approved advertising proposals for a classification \ and pay plan study. Com. Coward requested the study be done comparing county salaries with other county salaries, not to private sector. F. Fairwinds Golf Course- The Board approyed the contract with Golf Management System, Inc., as amended and authorized the Chairman to sign the contract. G. Permission to advertise- The Board approved advertising bids for towers for th e800 MHZ radio systems. 7. ADMINISTRATION A. Application Form - This item was pulled an&will be re -scheduled. Com. Coward requested additional items placed on the form. B. Ten Mile Creek Water Attenuation Project- The Boa-J approved Amendment No. 1 to the contract with the Florida DEP for partial funding for initial design and engineering of this project and authorized the Chairman to sign the amendment. 8. UTILITIES/RECYCLING A. Non -Exclusive Commercial Solid Waste and Recyclable Materials Service Agreement - The Board approved extensions of these agreements for Waste Management, Nettles Island, Ocean Resorts Co-op, Whispering Creek Village, Road Runner Travel Resort, County Cove Mobile Home Park, Overland Services, Inc., Choice Sanitation, Wynne Development Corporation, Freedom Waste Removal and Treasure Coast Refuse until September 30, 1999 and authorized the Chairman to sign the extensions. B. Holiday Pines- The Board approved the Holiday Pines Services Corporation Utility Asset Transfer Agreement and authorized the Chairman,to sign the agreement, pending County Attorney review. 9. HUMAN SERVICES Grant Application- The Board approved the application for the Drug Control and System Improvement Program for FY 99/00 and authorized the Chairman to sign all necessary documents. 10. COUNTY ATTORNEY Resolution No. 99-99- The Board approved the resolution formally naming an unnamed right of way easement and ingress/egress along the easterly canal bank of N.S.L. R.W.C.D. Canal No. 54 as "Pulitzer Road". - . REGULAR AGENDA 5. COUNTY ATTORNEY (1-0564) Resolution No. 99-118- For consideration before the Board was to approve the resolution providing preliminary authorization for the financing of A-1 Roof Trusses Ltd., Company manufacturing facility. It was moved by Com. Coward, seconded by Com. Hutchinson, to approve Resolution No. 99- 118; and, upon roll call, motion carried unanimously. 6. PUBLIC WORKS (1-0735) Resolution No. 99-114- For consideration before the Board, was to approve the resolution approving the Final Assessment Roll for the Timberlake Estates Municipal Services Benefit Unit. It was moved by Com. Hutchinson, seconded by Com. Coward to approve Resolution No. 99- 114; and, upon roll call, motion carried unanimously. 7. COUNTY ATTORNEY (1-0868) Rock Road Jail Chapel- For consideration. before: the Board was the construction of the Jail Chapel at no cost to St. Lucie County. It was moved by Com. Coward, seconded by Com. Barnes to approve the construction of the chapel; and, upon roll call, mot: -,in carried unanimously'. B. Utility Territorial Dispute- Consider staff recommendation to direct the County Attorney to notify the City of Port St. Lucie and the FPUA of the County's intention to file an action for declaratory relief against the City and FPUA and to further request that the City and FPUA meet with the County, pursuant to Chapter 164, Florida Statutes, in an attempt to resolve the dispute. It was moved by Com. Coward, seconded by Com. Hutchinson, to approve staff recommendation; and, upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned at 9:40 a.m. Chairman Clerk of Circuit Court AGENDA REQUEST ITEM NO. 4-A DATE: June 15,1999 CONSENT ( ] REGULAR [ ] PUBLIC HEARING [ X ] Leg. [ ] Quasi -JD. [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Public Works Department �✓ tartment eaSUBJECT: Public Hearing to consider demolition of unsafeuilding 004 Elm Avenue, White City, Fort Pierce, FL. BACKGROUND: The Building at 5004 Elm Avenue, White City, Fort Pierce, Florida, has been determined to be unsafe by the Building Official. The County Commission has declared the building to be unsafe and now must hold a public hearing to consider appropriate action to abate the safety hazard. • •� Other Contractual Services, Acct No. 102-2415-534000-200 The County Commission declared the building at 5004 Elm Avenue, White City, Fort Pierce to be a public nuisance on April 20, 1999. Pursuant to the provisions of Article III of Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws, County Staff recommends that the Board enter an order as follows: 1. John G. and Maureen L. Abel, as the owners of the Building, shall obtain a building permit by July 15,1999 to either repair or demolish the Building. If a permit is obtained by July 15,1999 John G. and Maureen L. Abel, as the owners of the Building, shall repair or demolish the Building or cause the Building to be repaired or demolished by September 15, 1999. 2. If the permit is not obtained by July 15,1999 for repair or demolition of the Building or if a permit is obtained and the Building is not repaired or demolished by September 15, 1999, the County shall demolish the Building and assess the entire cost against the real property where the Building is located. [ 41 APPROVED [ ] DENIED [ ] OTHER: County Attorney: Mgt & Budget: Originating Dept: Other: Finance: (copies only): (454—A-And - 5004 Mx Avwue) 1". 11/4/93 Purchasing: Other: CONCURRENCE: Dou 1 Anderson County Administrator MEMORANDUM PUBLIC WORKS DEPARTMENT 11 0htl'_ 0c 1 �� TO: Board of County Commissioners FROM: Raymond L. Wazny, Building Official�'��`-' DATE: June 15, 1999 SUBJECT: Request for Order to Repair or Demolish an unsafe building at 5004 Elm Avenue, Fort Pierce, FL On February 17, 1999, the building at 5004 Elm Avenue, Fort Pierce, FL (the "Building") was inspected by the Building Official of St. Lucie County, FL and was determined to be unsafe and to constitute a nuisance. On April 20, 1999 the Board of County Commissioners, pursuant to Article III of Chapter 2-4 of the St. Lucie County Code and Compiled Laws (the "Code"), declared the Building unsafe and ordered a public hearing (a copy of which is attached as Exhibit A). On April 27, 1999 the Building was posted (a copy of which is attached as Exhibit B). Because the Building has not been repaired or demolished and continues to constitute a nuisance, Staff recommends that the Board, pursuant to Section 2-5-43 of the Code, enter an order as follows: 1. John G. and Maureen L. Abel, as the owners of the Building, shall obtain a building permit by July 15, 1999 to either repair or demolish the Building. If a permit is obtained by July 15, 1999, John G. and Maureen L. Abel, as the owners of the Building, shall repair or demolish the Building or cause the Building to be repaired or demolished by September 15, 1999. 2. If the permit is not obtained by July 15, 1999 for repair or demolition of the Building or if a permit is obtained and the Building is not repaired or demolished by September 15, 1999 the County shall demolish the Building and assess the entire cost against the real property where the Building is located. M M A Notice of Declaration of Unsafe Structure or Building was published in The Tribune and in the Port St. Lucie News on May 7, May 14, May 21 and May 28, 1999. A copy of the Affidavit of Advertising is attached as Exhibit C. Submitted: 4 �, 1 RA D L. Z Bull ing Of c ''al RLW:ewc Exhibits: A - Declaration of Unsafe Building or Structure B - Posted Notice of Unsafe Building or Structure C - Affidavit of Advertising H:\WP\CONDEMN\45MEMO.2 BOARD OF COUNTY COMMISSIONER FOR ST. LUCIE COUNTY DECLARATION OF UNSAFE BUILDING OR STRUCTURE NOTICE OF PUBLIC HEARING THIS MATTER came on before the Board of County Commissioners for St. Lucie County (the 'Board") on April 20, 1999, pursuant to Article III of Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws (the "Code") and upon the request of the St. Lucie County Community Development Director to declare that the white single story block residential structure at 5004 Elm Avenue, Fort Pierce, FL and described as: WHITE CITY BLK 9 LOTS 17 & 18 & N 10 FT VAC ALLEY ADJ ON S (0.14 AC) (OR 575-2604) as recorded in the Public Records of St. Lucie County, FL (the "Building"), is unsafe and constitutes a nuisance and the Board having reviewed the "Certified Report of Inspection of Structure" filed by the St. Lucie County Building Official and having heard comments of County Staff hereby makes the following determinations: 1. The Building described above is hereby declared to be unsafe and to constitute a nuisance by reason of an open and unsecured structure, damaged interior walls and ceilings, damaged plumbing, damaged electrical wiring, missing doors and windows, damaged roof and damaged, floor structure. 2. The structure is damaged to such an extent that the cost of repair or restoration of the buildings will exceed 50% of the value of the buildings after repair. 3. A public hearing shall be held on June 15, 1999 at 7:00 p.m. or as soon thereafter as the matter may be heard in the St. Lucie County Commission Chambers located on the third floor of the St. Lucie County Administration Annex, 2300 Virginia Ave., Ft. Pierce, Florida to determine what further action should be taken with respect to the Building described above under the provisions of Section 2-5-43 of the Code. 4. , Actions taken at this public hearing may include issuing an order for the condemnation and demolition of this Building. The cost of the demolition may be assessed to the owner. DONE AND ORDERED this 20th day of April, 1999. ATTEST: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS BY: CHAIRMAN AS TO FORM AND A All interested persons have the right to appear before the Board at the public hearing either in person or by counsel. Any questions related to this notice or the public hearing should be directed to the St. Lucie County Code Compliance Manager at (561) 462-1572. If a person decides to appeal any decision made by the Board with respect to any matter considered at the above noticed public hearing, he or she will need a record of the proceedings and that for this purpose he or she may need to ensure that a verbatim record of the proceeding is made which includes the testimony and evidence upon which the appeal is based. Exhibit A '%M� 1`r% BOARD OF COUNTY COMMISSIONER FOR ST. LUCIE COUNTY DECLARATION OF UNSAFE BUILDING OR STRUCTURE NOTICE OF PUBLIC HEARING THIS MATTER came on before the Board of County Commissioners for St. Lucie County (the "Board") on April 20, 1999, pursuant to Article Ill of Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws (the "Code") and upon the request of the St. Lucie County Community Development Director to declare that the white single story block residential structure at 5004 Elm Avenue, Fort Pierce, FL and described as: WHITE CITY BLS 9 LOTS 17 & 18 & N 10 FT VAC ALLEY ADJ ON S (0.14 AC) (OR 575-2604) as recorded in the Public Records of St. Lucie County, FL (the "Building"), is unsafe and constitutes a nuisance and the Board having reviewed the "Certified Report of Inspection of Structure" filed by the St. Lucie County Building Official and having heard comments of County Staff hereby makes the following determinations: 1. The Building described above is hereby declared to be unsafe and to constitute a nuisance by reason of an open and unsecured structure, damaged interior walls and ceilings, damaged plumbing, damaged electrical wiring, missing doors and windows, damaged roof and damaged floor structure. 2. The structure is damaged to such an extent that the cost of repair or restoration of the buildings will exceed 50% of the value of the buildings after repair. 3. A public hearing shall be held on June 15, 1999 at 7:00 p.m. or as soon thereafter as the matter may be heard in the St. Lucie County Commission Chambers located on the third floor of the St. Lucie County Administration Annex, 2300 Virginia Ave., Ft. Pierce, Florida to determine what further action should be taken with respect to the Building described above under the provisions of Section 2-5-43 of the Code. 4. - Actions taken at this public hearing may include issuing an order for the condemnation and demolition of this Building. The cost of the demolition may be assessed to the owner. DONE AND ORDERED this 20th day of April, 1999. ATTEST: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS BY• � � i it :': / . CHAIRMAN AS TO FORM AND All interested persons have the right to appear berre the Board at the public hearing either in person or by counsel. Any questions related to this notice or the public hearing should be directed to the St. Lucie County Code Compliance Manager at (561) 462-1572. If a person decides to appeal any decision made by the Board with respect to any matter considered at the above noticed public hearing, he or she will need a record of the proceedings and that for this purpose he or she may need to ensure that a verbatim record of the proceeding is made which includes the testimony and evidence upon which the appeal is based. Exhibit B M 0 BOCC 2300 VIRGINIA AVENUE FORT PIERCE, FL 34982 ATTN.: BETTY CRONIN TWF :rT KMME P.O. Box 69 Fort Pierce, SL Lucie County, Florida 34954.OW STATE OF FLORMA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared Maureen Saltzer- Gawel, or Cathi Revels, who on oath says that he/she is publisher, classified manager of The Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of the advertisement, being a NOTICE OF PUBLIC DARING ON JUNE 15,1909 in the matter of condemnation of unsafe structure at 5004 Elm Avenue, Fort Pierce, FL, etc. was published in said newspaper in the issues of May 7, 14, 21 & 28, 1999 Affiant further says that The Tribune is a newspaper published at Fort Pierce, in said St. Lucie County, Florida, and that the said newspaper has heretofore been continuously published in St. Lucie County, Florida, each day and has been entered as second class mail matter at the post office in Fort Pierce, in said St. Lucie County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement: and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said M aper. Sw rn to and subscribed before me May 28, 1999EEO NNE SENESAC ARf m Exp. 4/25/2002 No. CC 7314U �rr*Y Wtwm f i OUw I.O. Notary Public No. 5689 h . wARp of COWY COMUSIOt ER FOR ST. LUCIE COUNTY DECLARATION OF UNSAFE BLRDW OR SIRUCI RE NO110E OF PUBLIC WARM THIS MATTER came on before the Board of Count' commissioners for St. Lucie County Me 'Boardl on April 20. 1999. pursuant to Article Ili of Chapter 2a of the St. Lucie County Code of Ordinances and Compiled Laws (The 'Code] and upon the request of the St. Lucie County Community Development Director to declare that to hrft dMill dory block red -a " deuctrre at 5004 Elm Avenue, Fort Pleroe, a and deecrbed or WHIIE Cm RK 9 LOTS 17 & 16 t N 10 Ff VAC ALLEY ADJ ON S (0.14AC) (OR 57S-2d0Q all leoorded In , the Public Reoordr of St. Lucie County, FI. (the 'lurid nGn, is unsafe and constkAes a m6mce and the Board haft '' .; reviewed the •CwMW Report of Inspection of Structure- fled by the St. Lucie County Buldkhy Official and hwkhp heard comments of County Staff hereby makes fhe fafio ft deterrninatlons: 1. The Building described above Is thereby declared to be unsafe and to constlhde a nuisance by reason of an open and unsecured slruckm donhaped Werla•wals and c"Vs, damaged glurM" damaged obchkd w8l V mis V doss and windows, d mxWd roof and damaged floor On chn 2. The structure Is damaged to such an extent that the cost of repair or redarallon of the buildings will exceed 50% of the value of the bWWk%cnw repair. 3. A public hearirhg shall be held on June 15. 1999 at 7:00 pm. of at soon thereafter as the meter may be heard In the St. Lucie County Commission Chambers located on the M floor of the St. Lucie County Administration Annex, 2300 Virginia Ave., Ft. Tierce, F'lorido to determine what further : action 11,101 be taken wBh respect to the Buildkg descibed ., above under the provisions of Section 2-5-43 of the code. f 4. Actlas lakes al this public hearing may include bake an order far iM condemnation and derrhoHIon Cil lilt BuBdIng The cod of the dMnoltion may be asfeeled to to owng DOLE AM ORDERED ft Mh day of Apo, 1999. /"RI L. HEISTERMANN BY: /s/PAULA A. LEWIS CHAIRMAN APPROVED AS TO FORM AND COS: /%DANIEL M. MC14M COUNTY ATTORNEY (CIRCUff COURT SEAL) Publish: May 7, 14, 21 & 28. 1999 Exhibit C �- _ _ -1�3�i , •'mot �� �� �. - �—,.,, �.- '�ttr -----:�` � •�r�•_"tip T•� : T L .. l' _ - y rms ,3e���nszirFl a, 'r _ - i - .1 Az n bin AV OL Mon- Q S� vu ar �.�r�� w w Pr•. v. r*!r"11�'.T 1� .. .p t' fr •� .j''•_ � M 4�rf li/Y '� .�.. ! J• t. CONDEMNATION 1 7 I I IIII ---I--T—�— --�--r —�--r I IIrIIIIII I1 IIII I 1 I � II I I11 -II -�5II -IIII�IIIIIII IIIIIIIII -I- 7III 9181716151413121 AGENDA REQUEST ITEM NO. 4-B DATE: June 15,1999 CONSENT [ ] REGULAR [ ] PUBLIC HEARING [ X ] Leg. [ ] Quasi -JD. [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Public Works Department <� D partm H `ad SUBJECT: Public Hearing to consider demolition of un� fe but di at 501 Weatherbee Road, Fort Pierce, FL. BACKGROUND: The Building at 501 Weatherbee Road, Fort Pierce, Florida, has been determined to be unsafe by the Building Official. The County Commission has declared the building to be unsafe and now must hold a public hearing to consider appropriate action to abate the safety hazard. FUNDS AVAIL: Other Contractual Services, Acct No. 102-2415-534000-200 PREVIOUS ACTION: The County Commission declared the building at 501 Weatherbee Road, Fort Pierce to be a public nuisance on April 20, 1999. RECOMMENDATION: Pursuant to the provisions of Article III of Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws, County Staff recommends that the Board enter an order as follows: 1. Marjorie E. Baskeyfield, as the owner of the Building, shall obtain a building permit by July 15, 1999 to either repair or demolish the Building. If a permit is obtained by July 15, 1999 Marjorie E. Baskeyfield, as the owner of the Building, shall repair or demolish the Building or cause the Building to be repaired or demolished by September 15, 1999. 2. If the permit is not obtained by July 15, 1999 for repair or demolition of the Building or if a permit is obtained and the Building is not repaired or demolished by September 15, 1999, the County shall demolish the Building and assess the entire cost against the real property where the Building is located. COMMISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: ='�/l — Dog s Anderson County Administrator Coordination/Signatures County Attorney: Mgt & Budget: Purchasing: Originating Dept: Other: Other: Finance: (copies only): (48Aganda.2nd - 301 Naatharbaa Road) RFF. 11/4/93 MEMORANDUM PUBLIC WORKS DEPARTMENT TO: Board of County Commissioners FROM: Raymond L. Wazny, Building Official1'� �w DATE: June 15, 1999 SUBJECT: Request for Order to Repair or Demolish an unsafe building at 501 Weatherbee Road, Fort Pierce, FL On February 17, 1999, the building at 501 Weatherbee Road, Fort Pierce, FL (the "Building") was inspected by the Building Official of St. Lucie County, FL and was determined to be unsafe and to constitute a nuisance. On April 20, 1999 the Board of County Commissioners, pursuant to Article III of Chapter 2-4 of the St. Lucie County Code and Compiled Laws (the "Code"), declared the Building unsafe and ordered a public hearing (a copy of which is attached as Exhibit A). - On April 27, 1999 the Building was posted (a copy of which is attached as Exhibit B). Because the Building has not been repaired or demolished and continues to constitute a nuisance, Staff recommends that the Board, pursuant to Section 2-5-43 of the Code, enter an order as follows: 1. Marjorie E. Baskeyfield, as the owner of the Building, shall obtain a building permit by July 15, 1999 to either repair or demolish the Building. If a permit is obtained by July 15, 1999, Marjorie E. Baskeyfield, as the owner of the Building, shall repair or demolish the Building or cause the Building to be repaired or demolished by September 15, 1999. 2. If the permit is not obtained by July 15,1999 for repair or demolition of the Building or if a permit is obtained and the Building is not repaired or demolished by September 15, 1999 the County shall demolish the Building and assess the entire cost against the real property where the Building is located. M M A Notice of Declaration of Unsafe Structure or Building was published in The Tribune and in the Port St. Lucie News on May 7, May 14, May 21 and May 28, 1999. A copy of the Affidavit of Advertising is attached as Exhibit C. Submitted: RAY O D Bui ing Off' is RLW:ewc Exhibits: A - Declaration of Unsafe Building or Structure B - Posted Notice of Unsafe Building or Structure C - Affidavit of Advertising H:\WP\CONDEMN\48MEMO.2 BOARD OF COUNTY COMMISSIQNER FOR ST. LUCIE COUNTY DECLARATION OF UNSAFE BUILDING OR STRUCTURE NOTICE OF PUBLIC HEARING THIS MATTER came on before the Board of County Commissioners for St. Lucie County (the 'Board") on April 20, 1999, pursuant to Article III of Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws (the "Code") and upon the request of the St. Lucie County Community Development Director to declare that the single story white concrete block -residential structure and the detached accessory structure at 501 Weatherbee Road, Fort Pierce, FL and described as: WHITE CITY S/D 03 36 40 LOT 6 - LESS W 7 ACRES - (3.06 AC) (MAP 34/03N) (OR 435-1047) as recorded in the Public Records of St. Lucie County, FL (the "Building"), is unsafe and constitutes a nuisance and the Board having reviewed the "Certified Report of Inspection of Structure" filed by the St. Lucie County Building Official and having heard comments of County Staff hereby makes the following determinations: 1. The Building described above is hereby declared to be unsafe and to constitute a nuisance by reason of a damaged interior walls and ceilings, damaged electrical wiring, missing doors and windows and damaged roof structure. 2. The structure is damaged to such an extent that the cost of repair or restoration of the buildings will exceed 50% of the value of the buildings after repair. 3. A public hearing shall be held on June 15, 1999 at 7:00 p.m. or as soon thereafter as the matter may be heard in the St. Lucie County Commission Chambers located on the third floor of the St. Lucie County Administration Annex, 2300 Virginia Ave., Ft. Pierce, Florida to determine what further action should be taken with respect to the Building described above under the provisions of Section 2-5-43 of the Code. 4. Actions taken at this public hearing may include issuing an order for the condemnation and demolition of this Building. The cost of the demolition may be assessed to the owner. DONE AND ORDERED this 20th day of April, 1999. ATTEST: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS I WNW540A ", I Z-1 !4- , - AS TO FORM AND I1 All interested persons have the right to appear bef6relhe Board at the public hearing either in person or by counsel. Any questions related to this notice or the public hearing should be directed to the St. Lucie County Code Compliance Manager at (561) 462-1572. If a person decides to appeal any decision made by the Board with respect to any matter considered at the above noticed public hearing, he or she will need a record of the proceedings and that for this purpose he or she may need to ensure that a verbatim record of the proceeding is made which includes the testimony and evidence upon which the appeal is based. Exhibit A NW' .*W BOARD OF COUNTY COMMISSIQNER FOR ST. LUCIE COUNTY DECLARATION OF UNSAFE BUILDING OR STRUCTURE NOTICE OF PUBLIC HEARING THIS MATTER came on before the Board of County Commissioners for St. Lucie County (the "Board") on April 20, 1999, pursuant to Article III of Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws (the "Code") and upon the request of the St. Lucie County Community Development Director to declare that the single story white concrete block residential structure and the detached accessory structure at 501 Weatherbee Road, Fort Pierce, FL and described as: WHITE CITY S/D 03 36 40 LOT 6 - LESS W 7 ACRES - (3.06 AC) (MAP 34/03N) (OR 435-1047) as recorded in the Public Records of St. Lucie County, FL (the "Building"), is unsafe and constitutes a nuisance and the Board having reviewed the "Certified Report of Inspection of Structure" filed by the St. Lucie County Building Official and having heard comments of County Staff hereby makes the following determinations: 1. The Building described above is hereby declared to be unsafe and to constitute a nuisance by reason of a damaged interior walls and ceilings, damaged electrical wiring, missing doors and windows and damaged roof structure. 2. The structure is damaged to such an extent that the cost of repair or restoration of the buildings will exceed 50% of the value of the buildings after repair. 3. A public hearing shall be held on June 15, 1999 at 7:00 p.m. or as soon thereafter as the matter may be heard in the St. Lucie County Commission Chambers located on the third floor of the St. Lucie County Administration Annex, 2300 Virginia Ave., Ft. Pierce, Florida to determine what further action should be taken with respect to the Building described above under the provisions of Section 2-5-43 of the Code. 4. Actions taken at this public hearing may include issuing an order for the condemnation and demolition of this Building. The cost of the demolition may be assessed to the owner. DONE AND ORDERED this 20th day of April, 1999. ATTEST: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS AS TO FORM AND All interested persons have the right to appear bef6mllhe Board at the public hearing either in person or by counsel. Any questions related to this notice or the public hearing should be directed to the St. Lucie County Code Compliance Manager at (561) 462-1572. If a person decides to appeal any decision made by the Board with respect to any matter considered at the above noticed public hearing, he or she will need a record of the proceedings and that for this purpose he or she may need to ensure that a verbatim record of the proceeding is made which includes the testimony and evidence upon which the appeal is based. Exhibit B EM d0404 BOCC 2300 VIRGINIA AVENUE FORT PIERCE, FL 34982 ATIN.: BETTY CRONIN TNE: :rT FSUNE P.O. Box 69 Fort Piece. SL Lucie Couoty, Florida 3495COM STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared Maureen Saltzer- Gawel, or Cathi Revels, who on oath says that he/she is publisher, classified manager of The Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of the advertisement, being a NOTICE OF -PUBLIC HEARING ON JUNE 15,1999 in. the matter of condemnation of unsafe - structures at 501 Weatherbee Road, Fort Pierce, FL, etc. was published in said newspaper in the issues of May 7, 14, 21 & 28, 1999 Affiant further says that The Tribune is a newspaper published at Fort Pierce, in said St. Lucie County, Florida, and that the said newspaper has heretofore been continuously published in St. Lucie County, Florida, each day and has been entered as second class mail matter at the post office in Fort Pierce, in said St. Lucie County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement: and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Swot to and subscribed byiore me May 28, 1999 LILLI ANNE SENESAC Z ARY o My m Exp. 4/25i2002 No. C( 731434 Pesa�lny w•a� [ : Gdw I.D. Notary Public No. 6757 BotARD OF COUNTY COWASSIONd2 FOR Sr. LUCIE COIMIy DECLAIIATION F NS PII BULDM OR STRUCTURE ifAtr�Us THIS MATTER came on before the Board of County commissioners for.St. Lucie County (the-Boorcn on Apr, 2c 1999, pursuant to MICle III Of Chapter 2-5 of the St. Lucie County Code of Ordinances and Complied Laws (the •Code, and upon the request of the St. Lucie County Carau 8y Development Director to declare that the *Vb Bury While cartcrelle bloat r i , - Nky dnjckn and ere deladtW coos" of 501 WeoRtwbee Road, Fort FARM. a and ductbed at WMTE CITY S/D 0336 40 LOT 6 LESS W 7 ACRES (3-06 A'C)(MAP 34MM (OR 435 I Wn aii rec ' In e» HlbNc Records d. St. Ltrde CotFL (t rNy, he •BtlUdng•1. Is unsafe and Constitutes a nuisance and the Board having reviewed the cotilled Report of Inspection of Structure' Ned by the St. Lucie County Building Official and having heard comments 9f County Staff hereby makes the following determInallofu: 1. The Building described above Is hereby declared to be unsafe and to constitute a nuisance by reason of o damaged InAe W wagt and CO&V damaged elechlcaf **ing, ftgog doors and windows and damaged roof Shuck". 2. The structure Is damaged to such an extent that the cost of repair Of restoration of the buildings will exceed 50% of the value of the buildings after repair. 3. A public hearing shall be held an June 15, 1999 at 7:00 p.m. Of as soon Itmeafter as the matter may be heard in the St. Lucie County Commission Chambers located on the third floor of the St. Lucie county Administration ded 2300 Virginia Ave., Ft. Pierce, Florida to determine what further action should be taken with respect to the Buiding described above under the provisions of Section 2-5.43 of the Cade. 4. Actions taken at this public hearing may inckide Issuing on order for the condemnation and demolition of this Building. The cost of the demolition may be assessed to the owner. DONE AND ORDERED this 201h day of April. 1999. ATTEST: Sr. LUCK? COUNTY BOARD OF COUNTY COMMISSIONERS h/I.AURI L. HEISTERMANN By: /s/PAULa, A. LEMMS CWURMAN /M ANIEL M. MCINTYRE (CIRCUITCOURT SEAL) COUNTY ATTORNEY Publish: May 7, 14, 21 & 2a, 1999 Exhibit C •r "'mow _ • 19' � /` � t� �+ 1_ lb it oil r •M °•h• r�.�°t,1 ° T iR' '-4��� ZV• • CONDEMNATION Weatherbee RQad Subject ITg Property o I �00 I I i ------------ Community Development 501 Weatherbee Road 4:'�, Geographic Information Systems Map revised April 8, 1999 Wo m P has been comgeed Iq genmal planning end iefaienca purpoaee only. WWIa al eltod nas bean made W pmNds the Met raanern and a-sete 'j� T In"allon mselble. it rot la Intended for use u e legally binding dcum oent. 11 \\I L AGENDA REQUEST IM NO. `► DATE: June 15, 1999 REGULAR[ ] PUBLIC HEARING [XX] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Investment for the Future - Ordinance No. 99-21 - Local Option Motor Fuel Tax BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 99-21 as drafted and authorize the Chairman to sign the Ordinance. COMMISSION ACTION: [ APPROVED [ ] DENIED [ OTHER: Effective for a 5 year period, ordinance includes use of funds for alternative types of transportation. County Attorney: Review and Approvals Management & Budget Originating Dept. Other: Finance: (Check for Copy only, if applicable) CONCURRENCE: 'e- . A- - Do gl Anderson County Administrator Purchasing: Other: Eff. 5/96 *ftol INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM. Daniel S. McIntyre, County Attorney C.A. NO. 99-608 DATE: May 25, 1999 SUBJECT. Investment for the Future - Ordinance No. 99-21 - Local Option Motor Fuel Tax BACKGROUND: Attached is a copy of draft Ordinance No. 99-21 which, if adopted, would impose an additional three cent (30) local option motor fuel tax on every gallon of motor fuel sold in the County. The revenues from the tax may only be spent to meet the requirements of the capital improvements element of an adopted comprehensive plan. A list of projects that will be constructed if the Board determines to levy the additional three cent (30) tax is attached to this memorandum. Approval of the proposed ordinance will require a 415 vote. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Ordinance No. 99-21 as drafted and authorize the Chairman to sign the draft Ordinance. Daniel S. County A DSM/caf Attachment 11y submitted, �%✓ ORDINANCE NO. 99-21 AN ORDINANCE AMENDING CHAPTER 1-19.3 "TAXATION" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, THEREBY AMENDING SECTION 1-19.3-41 TO PROVIDE FOR THE IMPOSITION OF AN ADDITIONAL FIVE CENT ($0.05) LOCAL OPTION MOTOR FUEL TAX UPON EVERY GALLON OF MOTOR FUEL SOLD IN ST. LUCIE COUNTY AND TAXED UNDER THE PROVISIONS OF CHAPTER 206, FLORIDA STATUTES; FURTHER AMENDING SECTION 1-19.3-43 TO PROVIDE THAT THE TAX IMPOSED BY THIS ORDINANCE SHALL BE EFFECTIVE FROM JANUARY 1, 2000 THROUGH AUGUST 31, 2015; PROVIDING FOR SEVERABILITY AND APPLICABILITY, FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF REVENUE; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie Count, Florida, has made the following determinations: 1. This Board has previously adopted the six cent ($0.06) local option motor fuel tax pursuant to Section 336.025(1)(a), Florida Statutes and a two cent ($0.02) local option motor fuel tax pursuant to Section 336.025(i)(b), Florida Statutes. 2. Section 336.025(1)(b), Florida Statutes (1997), authorizes this Board to levy an additional three ($0.03) cent local option motor fuel tax upon every gallon of motor fuel sold in St. Lucie County and taxed under the provisions of Chapter 206, Florida Statutes. 3. The health, safety, and welfare of the residents of St. Lucie County will benefit from the passage of an ordinance authorizing the levy of an additional three cent ($0.03) local option motor fuel tax to fund, in part, necessary transportation expenditures within St. Lucie County. Stmek through passages are deleted. Underlined passages are added. 1 ``w en NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. ARTICLE IV (LOCAL OPTION MOTOR FUEL TAX) OF CHAPTER 1-19.3 (TAXATION) IS HEREBY AMENDED TO READ: Section 1-19.3-41. Levy of Local Option Motor Fuel Tax (a) Pursuant to Section 336.025, Florida Statutes (1985) as amended by Senate Bill 313 passed by the 1986 Florida Legislature, a six cent ($0.06) local option motor fuel tax is imposed upon every gallon of motor fuel and special fuel sold in St. Lucie County and taxed under the provisions of Chapter 206, Florida Statutes. (b) Pursuant to Section 336.025(1)(b), Florida Statutes, as antended by ehap 97 54, Laws of Mori _ an additional two five cent {$�92•} ($0.05) local option motor fuel tax is imposed upon every gallon of motor fuel sold in St. Lucie County and taxed under the provisions of Part 1 of Chapter 206, Florida Statutes. The revenues received from the additional two five cent ($0.02) ($0.05) local option motor fuel tax may only be utilized for transportation expenditures needed to meet the requirements of the capital improvements element of an adopted comprehensive plan. For purposes of this paragraph, expenditures for the construction of n�roads or the reconstruction or resurfacing of existing paved roads -shall be deemed* to incriase capacity and such projects shall be included in the capital improvements element of the adopted comprehensive plan. Expenditures for purposes of this paragraph shall not include routine maintenance of roads. Struck -ti k passages are deleted. Underlined passages are added. 2 *+" ti.r% Section 1-19.3-43. Duration of Tax The four cent ($.04) local option gas tax originally imposed by this article shall be effective from September 1, 1985 through August 31, 1987, both dates inclusive. The six cent ($.06) local option gas tax imposed by this article shall be effective from September 1, 1987 through August 31, 2015, both dates inclusive. The additional two cent ($0.02) local option motor fuel tax imposed by this article shall be effective from January 1, 1998 through August 2015, both dates inclusive. The additional five cent PART B. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART C. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, -- Tallahassee, Florida, 32304. PART D. FILING WITH THE DEPARTMENT OF REVENUE. Strnek threttgh passages are deleted. Underlined passages are added. 3 The County Attorney is hereby directed forthwith to send a certified copy of this ordinance to the Florida Department of Revenue, 201 Carlton Building, Tallahassee, Florida, 32301. PART E. EFFECTIVE DATE. This ordinance shall take effective upon filing with the Office of Secretary of State. PART F. ADOPTION. After motion and second, the vote on this ordinance was by extraordinary vote as follows: Chairman Paula A. Lewis XX Vice Chairman John D. Bruhn XX Commissioner Cliff Barnes XX Commissioner Doug Coward XX Commissioner Frannie Hutchinson XX PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section, "article", or other appropriate word and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this day of , 1999. Struck through passages are deleted. Underlined passages are added. 4 M ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY mm Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Seek -through passages are deleted. Underlined passages are added. 5 th*Wl wr+ z w CL w J a V) c� w CL H IL Z 0 FQ- 0 IL H 0 LU Z Z Z U. LU LL �mgg 8 Z Oa j $o g C g g o0 o 0 a w F-meg 8 0 ZQgg S � Z�� zm8g 8 UJ Z g u,Q $ 8 IL 0z 8 T T z W m 0 0 8 Zg z gg g =agg g _ J U. 8 69 69 (V tf! Q Z 1- a U a U) w w 2 > a p Im- Z O� Co Q Z Z U W > -J mw a X U U Z d Q ¢w F- ri) O w F- O F- 28$8$888588 g$ 9gz Ct0008g 8 $ (VN S ��oog o�0) C01 0)0gg 0 a 88 888 8g 8 8 a$ge8gg88880 �gggsaag$� 8 8 z mLO Q88pp8pppppppppp8g ZO$oON oOoO OOoO �jpB OO`p 8 N 8 N _ � � Q i9�a. �9 to O t�9 9� 69 Q to � v 1-- Od1¢( W 7 ggggOZ5g2iOgg g g ZO88 LL W 69 481 69 _z J UO w W m + V > z z a LLZWZ W Za z g z V U U Z� Z�W of [� LUa.w !- WWZ U� � W(ZZZ F_z�LLZ a Q Z z�F-O�Z8-jzaP0w �awww�wz PWwv J a O W wUQQF-F=--V�Q�0U' J���ac�� Cl) F-�z p ~ F- ww�aa�L �maaaw apmz z mmo~Omgwa �U w w w QJ Zz Z Ow f= W o� zZ p Q �Z w$ w Z� WF- 0�J � W O �w _0 H � H 3 aCO ~ v) �p ww U Q M TEM NO. 4D DATE: 06/15/99 CONSENT [ ] REGULAR [ PUBLIC HEARING [ X ] Leg.[ ] Quasi-Jud. [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTS SUBMITTED BY: Community Development tV. Com pity Development Director SUBJECT: Request for Rezoning of Property located at 200 Dixieland Drive, on the north side of Dixieland Drive, approximately 4 mile east of South U.S. Highway No. 1 from the RM-11 (Residential, Multiple -Family - 11 du/acre) Zoning District to the I (Institutional) Zoning District - Draft Resolution 99-127 BACKGROUND: Petition of Broadmoor Alzheimer's and Memory Impairment Center for a Change in Zoning from the RM-11 (Residential, Multiple -Family - 11 du/acre) Zoning District to the I (Institutional) Zoning District. The stated purpose of the rezoning is to allow for the expansion of an existing ACLF. (File No.: RZ-99-008) N/A PREVIOUS ACTION: The Planning and Zoning Commission, by a vote of 7 to 0 with 2 members absent (Mr. McCurdy and Mr. Lounds) recommended approval of the rezoning at its May 20, 1999, meeting. RECOMMENDATION: Approve Draft Resolution 99-127 changing the zoning from the RM-11 (Residential, Multiple -Family - 11 du/acre) Zoning District to the I (Institutional) Zoning District for property located at 200 Dixieland Drive, on the north side of Dixieland Drive, approximately Y4 mile east of South U.S. Highway No. 1. [ APPROVED [ ] DENIED [ ] OTHER: County Attorney: Originating Department: Finance: (Check for Copy only, if applicable) Management & Budget: Other: CONCURRE Dou 1 s M. Anderson Coup y Administrator Purchasing: Other: **./ 1%4r COUNTY COMMISSION REVIEW: June 15, 1999 Resolution 99-127 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: June 7, 1999 Subject: Petition of Broadmoor Alzheimer's and Memory Impairment Center, for a Change in Zoning from the RM-11 (Residential, Multiple -Family -_11 du/acre) Zoning District to the I (Institutional) Zoning District. (File No.: itz-99-008) The proposed rezoning of property located at 200 Dixieland Drive, on the north side of Dixieland Drive, approximately 1/4 mile east of South U.S. Highway No. 1 from the RM-11 (Residential, Multiple -Family - 11 -du/acre) Zoning District to the I (Institutional) Zoning District is to allow for the expansion of an existing ALCF located to the immediate east of the subject property. At the May 20, 1999, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 7 to 0 with two member absent (Mr. Lounds and Mr. McCurdy), recommended approval of this petition as set forth in Draft Resolution 99-127. This proposed rezoning 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 the approval of this petition for a change in zoning from the RM-11 (residential, Multiple -Family - 11 du/acre) Zoning District to the I (Institutional) as set forth in Draft Resolution 99-127. SUBMITTED: Juli hewchuk, AICP Community Development Director hf cc: File 2 3 4 RESOLUTION 99-127 FILE NO.: RZ-99-008 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE RM-11 (RESIDENTIAL, MULTIPLE -FAMILY -11 DU/ACRE) ZONING DISTRICT TO THE I (INSTITUTIONAL) ZONING DISTRICT OF CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1, nroadmoor Alzmeimer's airment Center presented a petition for a change in zoning from the RM-11 (Residential, Multiple -Family - 11 du/acre) Zoning District to the I (Institutional) Zoning District for the property described below. 2. On May 20, 1999, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve the hereafter described request for a change in zoning from the RM-11 (Residential, Multiple -Family - 11 du/acre) Zoning District to the I (Institutional) Zoning District for the property described below. 3. On June 15, 1999, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed change in zoning is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. 5. The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed change in the Zoning District Classification for that property described as follows: File No.: RZ-99-008 June 15, 1999 Resolution 99-127 Page 1 DIXIELAND SUBDIVISION - AN UNRECORDED PLAT - SECTION 27, TOWNSHIP 35 SOUTH, RANGE 40 EAST, BLOCK 8 THE WEST 20 FEET OF LOT 13 AND ALL OF LOT 14. (Tax I.D. No.: 2427-801-0115-000/5). (Location: 200 Dixieland Drive) owned by Broadmoor Alzheimer's and Memory Impairment Center, is hereby changed from the RM-11 (Residential, Multiple -Family - 11 du/acre) Zoning.District to the I (Institutional) Zoning District. B. The St. Lucie County Community Development Director is hereby authorized and directed to cause the change to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman Paula A. Lewis XXX Vice -Chairman John D. Bruhn XXX Commissioner Frannie Hutchinson XXX Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX PASSED AND DULY ADOPTED This 15'h Day of June 1999. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman APPROVED AS TO FORM AND CORRECTNESS: hf H:\WP\RESOLUTI.N\FINISHED.99\BroadmoorRZ\Broadmoor.wpd File No.: RZ-99-008 June 15, 1999 County Attorney Resolution 99-127 Page 2 i C- CD CU Cll +J c C Op 4 n` c u E Cll O N<,f.N > a u ' rT) E O l0 'GN 0 < a w0. e I N'cO a o NHS Q0- E I a - _ N O Q La00 or— O Op la g`J� �{6 \V ^, VOW* O W K 9 34 wtlr IS yr 7 'a—'YIWIi&9i PA ad S �s i7 at saw ix _ as e N W W O� In atl vee V � } iiV13N'tl�a3'laa v>'n Z � aroa ainsw3ow Z U — D avow was O aroa 3Ml 33ara � artlwoai i . , avow lrav3 w3ar3a LLJ 7 s� Er atl 7WalaX lr3al La Z W < co Mil ~ aratl M13tlr3 5 aratl 033as or rLa WW3 Z i W W Pam � ff 6 s Y£ 1 s s£ 1 s 9£ 1 .dNnoo 330OH033�iO 0 0 U Broadmoor Alzheimer's and Memory Impairment Center Zoning I1 1. L_ t too/ lol I_ 5— I II — IIc -- 1w' 1ti— City of Ft. 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M 0 PUBLIC HEARING - BROADMOOR ALZHEIMER'S AND MEMORY IMPAIRMENT CENTER FILE NO. RZ-99-008 Chairman Wesloski explained the Planning and Zoning Commission hearing procedures. Mr. Hank Flores presented staff comments. Mr. Flores stated that he was presenting the petition of Broadmoor Alzheimer's and Memory Impairment Center for a Change in Zoning from the RM-11 (Residential, Multiple -Family - 11 du/acre) Zoning District to the I (Institutional) Zoning District for 0.20 acres of property located at 200 Dixieland Drive. He stated that this property is further described as the North side of Dixieland Drive, approximately 1/4 mile East of South U.S. Highway No. 1. Mr. Flores stated that the surrounding zoning to the subject property is I (Institutional) to the east. RM-11 (Residential, Multiple -Family - 11 du/acre) to the north, south, and west. Mr. Flores stated that the petitioner has requested this change in zoning in order to expand an existing ACLF. On September 16,1997, the adjacent property to the east was approved for a change in zoning to I (Institutional). He stated that if this request is approved, that property would be joined with the subject property to expand the existing ACLF. Mr. Flores stated that staff has reviewed this petition and determined that it conforms with the standards of review as set forth in the St. Lucie County Land Development Code and is not in conflict with the St. Lucie County Comprehensive Plan. Staff is, therefore, recommending that you forward this petition to the Board of County Commissioners with a recommendation of approval. Chairman Wesloski asked if there were any questions for Mr. Flores. Chairman Wesloski asked if the applicant was present and would like to address the Board. Mr. Chris Lundstrom, 200 Dixieland Drive, Fort Pierce, addressed the Board. Mr. Lundstrom stated that he is the applicant for Broadmoor Alzheimer's and Memory Impairment Center and has nothing to add. He stated that he is available to answer any questions. Chairman Wesloski asked if there were any questions for Mr. Lundstrom. At this time, Chairman Wesloski opened the public hearing. Chairman Wesloski asked if there was anyone that would like to speak in favor of this petition. Chairman Wesloski asked if there was anyone that would like to speak in opposition to this petition. Planning & Zoning Commission/ May 20, 1999 Local Planning Agency M n Hearing no further arguments in favor of or in opposition to the petition, Chairman Wesloski closed the public portion of the hearing. Chairman Wesloski asked if there were any questions for staff. Chairman Wesloski asked what would be the pleasure of the Board. After considering the testimony presented during the public hearing, including staff continents, and the standards of review as set forth in Section 11.06.03, St. Lucie County Land Development Code, Mr. Moore moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Broadmoor Alzheimer's and Memory Impairment Center for a Change in Zoning from the RM-11 (Residential, Multiple - Family - 11 du/acre) Zoning District to the I (Institutional) Zoning District. Mr. Grande seconded the motion, and upon roll call the motion was approved 7-0. - Chairman Wesloski stated that the petition would be forwarded to the Board of County Commissioners with a recommendation of approval. Planning & Zoning Commission/ May 20, 1999 Local Planning Agency fir' AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, JUNE 15, 1999 7: 00 P.M. Petition of Broadmoor Alzheimer's and Memory Impairment Center, for a Change in Zoning from the RM-11 (Residential, Multiple -Family - 11 du/acre) Zoning District to the I (Institutional) Zoning District for the following described property: (Location: 200 Dixieland Drive) THE PROPERTY'S LEGAL DESCRIPTION ISAVAILABLE UPON REQUEST If it becomes necessary, these public hearings maybe continued from time to time. Please note that all proceedings before 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, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners on June 3,1999. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on June 3, 1999. FILE NO. RZ-99-008 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIC PUBLIC HEARING AGL. JUNE 15,1999NW r0 WHOM IT MAY CONCERN: M NOTICE is hereby given in accordance with Section 11.00.03 Df the St. Lucie County Land Devel- 3pment Code and in accordance with the provisions of the St. Lucie County Comprehensive Plan, that the following applicants have -equested that the St. Lucie County Board of County Commissioners . nsider their request as follows: 1. BROADMOOR ALZHEIMER'S AND MEMORY IMPAIRMENT CENTER, for a Change in Zoning from the RM-II (Residential, Multiple -Family - 11 du/acre) Zon- ing District to the I (Institutional) Zoning District for the following described property: Dixieland Subdivision - an unre- corded plat - Section 27, Township 35 South, Range 40 East, Block 8 the West 20 feet of Lot 13 and all of Lot 14 (OR 323-1355) (Tax I.D. No. 2427-801-0115-000/5). (Location: 200 Dixieland Drive) 2. DONALD AND LOUISE DORAN, for a Change in Zoning from the RS-2 (Residential, Single - Family - 2 du/acre) Zoning District to the CO (Commercial, Office) Zoning District for the following described property: The West 575 feet of the following described parcel: Part of the Northwest '/A of the Southwest 'A of Section. 4, Town- ship 36 South, Range 40 East, St. Lucie County, Florida, being more particularly described as: The North 340 feet of the South 983 feet of the Northwest '/4 of the Southwest''/. of said Section 4, and land abutting some on East to Riv- er, containing 10 acres more or less, EXCEPTING HOWEVER the South 10 feet thereof. LESS AND EXCEPT: A triangular shaped parcel lying in the North- west '/4 of the Southwest 'A of Sec; tion 4, Township 36 South, Range' 40 East, St. Lucie County, Florida, and being more particularly described as follows: COMMENCE at the Southwest corner of said Section 4; thence North 89'40'12" East, along the South line of said Section 4 a dis- tance of 45.0 feet to the intersec- tion of said South line of Section 4 and the East right-of-way line of South 25th Street; thence North 00°12'58" West, along said East right-of-way line and parallel with the West line of said Section 4, a distance of 1975.54 feet to the North line of the South 653.00 feet of the Northwest 'A of the South- west ''/4, said point being the Point of Beginning; thence North 03'15'08" East, a distance of 330.60 feet to the intersection of a line 65.00 feet East of said West line of Section 4 and North line of the South 340.00 feet of the North 1/2 of the Northwest 'A of the South west '/4; thence South 00°12'58' East, parallel with said West line of Section 4, a distance of 330.00 feet to the said North line of the South 653.00 feet of the Northwest '/. of the Southwest'/4; thence Soutl 89°47'36", West along said North line a distance of 20.00 feet to the Point of Beginning. (Tax I.D. No. 3404-312-0001-000/4). (Location: East side of South 25th Street, approximately 500 feet South of Midway Road) 3. PAUL J. DRISCOLL, for a Change in Zoning from the IX (In- dustrial, Extraction) Zoning District to the AG-2.5 (Agricultural 1 du/ 2.5 acres) Zoning District for the following described property: Section 8, Township 35 South, Range 39 East, Northwest VA of the Northwest '/4 of the Southwest 'A less road and canal (8.84 cc) (OR 886-1106) (Tax I.D. No. 2308-322-0010-000/3). (Location: Southeast comer of the intersection of Orange Avenue and Pulitzer Road) 4. WAYNE SKINNER, for a' Change in Zoning from the AG-2.5' (Agricultural - 1 du/2.5 acres) Zoning District to the CN (Com- mercial, Neighborhood) Zoning District for the following described property: Hattie Chamberlin Subdivision, Section 28, Township 35 South, Range 39 East, Tracts 1 and 2, less the South 883.44 feet (6.80 ac) (OR 988-2686) (Tax I.D. No. 2328-501 -0001 -000/8). (Location: Southeast comer of the intersection of Okeechobee Road and Eleven Mile Road) 5. W.D. WHITE, for a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) and CN (Commercial, General) Zoning Districts to the CG (Commercial, Neighborhood) Zoning District for the following described property: Section 14, Township 34 South, Range 39 East, West 330 feet of the NE '/4 of the SE '/4, less the North 20 feet for road right-of- way. (9.90 cc) (OR 1046-2328) ( T a x I. D. N o 1314-412-0000-000/2). (Location: 7701 Indrio Rood) PUBLIC HEARINGS will be held in the County Commission Cham- bers, 3rd floor of the Roger Poilras Administration Annex Building, 2300 Virginia Avenue; Fort Pierce, Florida on June 15, 1999, begin- ning at 7-00 P.M. or as soon there- after as possible. PURSUANT TO Section 286.0105, Florida Statutes, 9 a person decides to appeal any ded- sion made by a board, agency, or commission with respect to any matter considered at a meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the pro- ceedings is made, which record includes the testimony and evi- dence upon which the appeal is to be based. BOARD Of COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ PAULA A. LEWIS, CHAIRMAN Pub.: June 3, 1999 11*o ' far% No. 0269 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS MOM NEARING AGENDA JINNE 15, 1999 ; TO WHOM If MAY CONCERN: NOTICE is hereby given in accordance with Section 11.00.03 of the St. Lucie County Land Development Code and in accordance with the provisions of the St. Lucie County Comprehensive Plan, that the following applicants have requested that the St. Lucie County Board of County 3. PAUL J. DRISCOLL, for a Change In Zoning from the IX Commissioners consider their request as follows: pndushlal, Extroctlon) Zoning District to the AG-2.5 (Agricultural 1 du/2.5 acres) Zoning District for the following described 1. BROADMOOR AI214E1601ERS AND MEMORY WAIRMENf CENTER, for a Change In Zoning from the RM-I I (ResidAtial, properly. Multiple -Family - 11 du/acre) Zoning District to the I ri3 Section 8, Townstnlp 35 South, Range 39 East, Northwest 1/4 of Zoning District for the fallowing described Z` the Northwest 1/4 of the Southwest 1/4 - less road and canal property: (8.84 ac) (OR 886-1106) (fax I.D. No. 2308-=-0010-00". Dixieland Subdivision - an unrecorded plat - Section 27. (Local) : Southeast comer of the intersection of Orange Towndhlp 35 South, Range 40 East, Mock 8 the West 20 feet of Avenue and Pulber Road) Lot 13 and all of Lot 14 (OR 323-135M (fax I.D. No. 2427-801-0115-000/5). 4. WAYNE SIONNER, for a Change In Zoning from the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District to the CN 200 �Drive) (Commercial, Neighborhood) Zoning District for the following described property: 2. DONALD AND LOUISE DORAN, for a Change In Zoning from the RS-2 (Residential, Single -Family - 2 du/ocre) Zoning DlsMct Hate Chambetdn Subdivision. on. Section 28, Township 35 S(x^ to the CN (Commercial, Neighborhood) Zoning District for the Range 39 East, Trade 1 and 2, less the South 883.44 feet (6.80 following described property: ac) (OR 988-2686) (fax I.D. No. 2328-Ml -O 01-000/8). The West 575 feet of the following described Parcel: (Location: Southeast comer of the Intersection of Okeechobee Road and Eleven Mile Road) Pat at the Northwest 1/4 of the Southwest 1/4 of Section 4, Township 36 South, Range 40 East. St. lode County, Florida, 5. W. D. WHITE, for a Change In Zoning from the AG-1 6 being more particularly described aL The North 340 feet of (Agricultural -1 du/acre) and CN (Commercial, NeighbAood) the South 983 feet of the Northwest 1/4 of the Southwest 1/4 of Zoning Districts to the CG (Commercial. General) Zoning DisMct said Section 4. and lad abutkg same on East to River, for the following described property: containing 10 acres more or less, EXCEPTING HOWEVER the South 10 feet thereof. Section 14. Townhlp 34 South, Range 39 Eat, West 330 feet of the NE 1/4 of the SE 1/4, lea the North 20 feet for road LESS AND EXCEPT: A triangular shaped parcel lying In the right-of-way. (9.90 oc) (OR 1046-2328) (Tax I.D. No. :, Northwest 1/4 of the Southwest 1/4 of Section 4, Township 36 1314-412.00004M/2). jC SoRange 40 Eat, St. lucle County, Flodda. and berg uth, more pallarlarly bounded and described as follows:(Loadlon: 7701 Indrio Road) G =I COMMENCE at the Southwest comer u f sold Section 4; thence PUBLIC HEARINGS will be held in the County Commission b North 8V 4(712" East, along the South Iine of said Section 4 a Chambers, 3rd floor of the Roger Poifras Administration Annex distance of 45.0 feet to the intersection at add South line of Building, 2300 Virginia Avenue. fort Pierce, Florida on June 15, Section 4 and the East right-0f-way Ine of South 25111 Street; 1999, beginning at 7:00 P.M. or as soon thereafter as possible. thence North 00° 12'58" Weal, along said East dghtchway Ine aid parallel with the Wed line of said Section 4, a distance of PURSUANT TO Section 286.0105, Florida Statutes, t a person 1975.64 feet to the North Ine of the South 653.00 feet of the decides to appeal any decision made by a board, agency, or Northwest 114 of the Southwest 1/4, said point being the Point of commission with respect to any matter considered at a Beginning: thence North 03.15138" Ead. a distance of 330.60 meeting or hearing, he will need a record of the pr e, feet to the Intersection of a Ine 65.00 feet East of add Wed he and that, for such purpose, he may need to ensure of Section 4 and North line of the South 340.00 feet of the verbatim record of the proceedings Is made, which ne t North 1h of the Northwest 1/4 of the Southwest 1/4; thence includes the testimony and evidence upon which the meal is South 00-12'58' Ead, paralel w8h odd Wed Arne of Section 4. a to be based. distance of 330.00 feet to the said North line of the South 653.00 feet of the Nodhwed 1/4 of the Southwest i/4; thence BOARD OF COUNTY COMMISSIONERS South 89° 47'36% wed along said north Ine a distance of 20.00 ST. LUCIE COUNTY, FLORIDA feet to the Point of Beginning. (lox I.D. No. /S/ PAULA A. LEWIS, CHAIRMAN 3404-312-0001.0(04). Publish: June 3, 1999 (l.ocatlon: East side of South 25th Street. approxNhdehr SW feet South of Midway Road) tip, �UiN-X. 0 M PLANNING AND ZONING COMMISSION REVIEW: 05/20/99 File Number RZ-99-008 DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Planning and Zoning Commission FROM: Planning Manager (/ Y DATE: May 14, 1999 SUBJECT: Application of Broadmoor Alzheimer's and Memory Impairment Center, for a Change in Zoning from the RM-I I (Residential, Multiple -Family - 11 du/acre) Zoning District to the I (Institutional) Zoning District. LOCATION: 200 Dixieland Drive. North side of Dixieland Drive, approximately ''/a mile east of South U.S. Highway No. 1 EXISTING ZONING: RM-11 (Residential, Multiple -Family - 11 du/acre) PROPOSED ZONING: I (Institutional) FUTURE LAND USE: RH (Residential High - 15) PARCEL SIZE: 0.20 acre PROPOSED USE: Adult Congregate Living Facility PERMITTED USES: Attachment "A" - Section 3.01.03(X) I (Institutional) - contains the designated uses which are permitted by right, permitted as an accessory use, or permitted through the conditional use process. Any use designated as a "Conditional Use" is required to undergo further review and approvals. Any use not found within the zoning district regulations are designated as prohibited uses for that district SURROUNDING ZONING: I (Institutional) to the east. RM-11 (Residential, Multiple - Family - 11 du/acre) to the north, south, and west. SURROUNDING LAND USES: The general existing use surrounding the property is residential. There are commercial uses along South U.S. Highway No. 1. En F5 May 20, 1999 Page 2 FIRE/EMS PROTECTION: UTILITY SERVICE: Petition: Broadmoor Alzheimer's and Memory Impairment Center File No.: RZ-99-008 TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: SCHEDULED IMPROVEMENTS: TYPE OF CONCURRENCY DOCUMENT REQUIRED: The Future Land Use Classification of the immediate surrounding area is RH (Residential High) Station #6 (350 East Midway Road), is located approximately 3 miles to the northeast. The subject property is in the FPUA service area. The existing right-of-way width for Dixieland Drive is 60 feet. None. Concurrency Deferral Affidavit. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed zoning district is consistent with the St. Lucie County Land Development Code. The RM (Residential Medium) Future Land Use classification allow I (Institutional) Zoning. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed zoning district is consistent with the St. Lucie County Land Development Code and specifically has met the standards of Section 11.06.03. n May 20, 1999 Petition: Broadmoor Alzheimer's and Memory Impairment Center Page 3 File No.: RZ-99-008 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed zoning is consistent with existing and proposed land uses in the area. The general use of the immediate surrounding area of the subject property is residential with institutional to the east. The applicant currently operates an ACLF adjacent to the east of the subject property. 4. Whether there have been changed conditions that require an amendment; Conditions have not changed so as to require an amendment. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The intended use for this rezoning is not expected to create significant additional demands on any public facilities in this area. Prior to the approval of any proposed development, the applicant will need to provide documentation verifying that sufficient facilities are in place to support the development. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. The applicant will be required to comply with all federal, state, and local environmental regulations. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; An orderly and logical development pattern will occur with this change in zoning. The surrounding parcels of property are designated for residential, institutional, and some commercial office uses. The intent of this rezoning is to allow for the expansion of the ACLF currently operating on the adjacent parcel to the east. RM n May 20, 1999 Petition: Broadmoor Alzheimer's and Memory Impairment Center Page 4 File No.: RZ-99-008 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. The petitioner, Broadmoor Alzheimer's and Memory Impairment Center, has requested this change in zoning from the RM-11 (Residential, Multiple -Family - 11 du/acre) Zoning District to the I (Institutional) Zoning District in order to expand an existing ACLF. On September 16, 1997, the adjacent property was approved for a change in zoning to institutional zoning. If this change in zoning is approved, the subject property would be utilized for the expansion of the existing operation. Attached is a copy of Section 3.01.03(X) - I (Institutional), of the St. Lucie County Land Development Code, which delineates the permitted, accessory, and conditional uses allowed in the Institutional Zoning District. If the change in zoning request is approved, the applicant, by right, would be allowed to establish any of the uses under the Permitted Uses section. Any use under the Accessory Uses section would be allowed only if one or more of the permitted uses exists on the subject property. Any use under the Conditional Uses section could only be allowed if it first receives approval through the Board of County Commissioners. Staff has reviewed this petition and determined that it conforms with the standards of review as set forth in the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. Please contact this office if you have any questions on this matter. Attachment hf cc: Chris Lundstrom File Section 3.01.03 Zoning District Use Regulations X. I INSTITUTIONAL Purpose The purpose of this district is to provide and protect and environment suitable for institutional, public, and quasi -public uses, together with such other uses as may be compatible with institutional, public, and quasi -public surroundings. The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(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. Community residential homes subject to the provisions of Section 7.10.07. (999) b. Family day tare homes. (m) C. Family residential homes provided that such homes shall not be located within a radius of one thousand (1000) feet of another existing such family residential home and provided that the sponsoring agency or the Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) d. Institutional residential homes. (m) e. Parks. (999) f. Police & fire protection (9221.9224) g. Recreational activities. (9") h. Religious organizations (e6) 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking and Loading Requirements Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. Conditional Uses a. Amphitheaters. (9w) b. Cemeteries. (e5e3) C. Membership organizations (ee) d. Correctional institutions. (9223) e. Cultural activities and nature exhibitions. (m) f. Educational services and facilities (e2) g. Executive, legislative, and judicial functions. (91.92.93.94.95,96,97) h. Fairgrounds. (9,n) i. Funeral and crematory services. (726) j. Theaters. (999) Adopted August 1, 1990 132 Revised Through 04/15/99 M Section 3.01.03 Zoning District Use Regulations k. Medical and other health services. toot 1. Postal service. (43) M. Residential care facilities for serious or habitual juvenile offenders. (999) n. Social services (83) o. Sporting and recreational camps (7032) P. Stadiums, arenas, race tracks (794) q. Telecommunication towers - subject to the standards of Section 7.10.23 (m) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Drinking places (alcoholic beverages related to civic, social, and fraternal uses). (999) b. Restaurants. (Including the sale of alcoholic beverages for on -premises consumption only.) (9") C. Funeral and crematory services. (726) d. Heliport landing/takeoff pads. (99s) e. Detached single-family dwelling unit or mobile home, for on -site security purposes. (999) f. Residence halls or dormitories. 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[X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B : SUBMITTED BY: Community Development 0 mmunity Development Director SUBJECT: Request for Rezoning of Property located on the east side of South 25th Street, approximately 350 feet south of West Midway Road from the RS-2 (Residential, Single - Family - 2 du/acre) Zoning District to the CO (Commercial, Office) Zoning District - Draft Resolution 99-128 BACKGROUND: Petition of Donald and Louise Doran for a Change in Zoning from the RS-2 (Residential, Single -Family - 2 du/acre) Zoning District to the I (Institutional) Zoning District. The stated purpose of the rezoning is to allow for the development of the subject property to its highest and best use. (File No.: RZ-99-012) PREVIOUS ACTION:_ The Planning and Zoning Commission, by a vote of 6 to 0 with 3 members absent (Mr. Merritt, Mr. Lounds, and Mr. - McCurdy) recommended denial__ of the rezoning at its May 20, 1999, meeting. RECOMMENDATION* Attached is a letter from Mr. Donald Doran requesting that his rezoning hearing be continued from June 15, 1999, to sometime in July. Staff recommends July 20, 1999, at 7:00 P.M. or as soon thereafter as the item may be heard. Staff will provide its report at that time. COMMTSSTON ACTION: [ vj/ APPROVED [ ] DENIED [ ] OTHER: County Attorney: Originating Department: Finance: (Check for Copy only, if applicable) Management & Budget: Other: Doug2 Count M. Anderson Administrator Purchasing: Other: FROM : DONALD DORAN INC PHONE NO. : 561 8824469 Jun. 08 1999 01:17PM P1 m m In ~ITEM NO. 4F DATE: 6/15/99 CONSENT [ REGULAR [ PUBLIC HEARING [ X ] Leg.[ ] Quasi-Jud. [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTEDQQBY: SUBMITTED BY: Co mmunity ni Y Development .c�. �G-GG� ommunity Development Director SUBJECT: Request for Rezoning of Property located on the southeast corner of the intersection of Orange Avenue and Pulitzer Road from the IX (Industrial, Extraction) Zoning District to the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District - Draft Resolution 99-022 BA. ROUND: Petition of Paul J. Driscoll for a Change in Zoning from the IX (Industrial, Extraction) Zoning District to the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District. The stated purpose of the rezoning is to allow for the reestablishment of agricultural uses for property previously utilized for a mining operation. (File No.: RZ-99-010) PREVIOUS ACTION: The Planning and Zoning Commission, by a vote of 7 to 0 with 2 members absent (Mr. Lounds and Mr. McCurdy), recommended approval of the rezoning at its May 20, 1999, meeting. RECOMMENDATION: Approve Draft Resolution 99-022 changing the zoning from the IX (Industrial, Extraction) Zoning District to the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District for property located on the southeast corner of the intersection of Orange Avenue and Pulitzer Road. COMMTSSTON AC'T'ION: ( APPROVED [ ] DENIED [ ] OTHER: County Attorney: Y Originating Department: Finance: (Check for Copy only, if applicable) Dodgi/s M. Anderson County Administrator Management & Budget: Purchasing: Other: Other: COUNTY COMMISSION REVIEW: June 15, 1999 Resolution 99-022 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: June 9, 1999 Subject: Petition of Paul J. Driscoll, for a Change in Zoning from the IX (Industrial, Extraction) Zoning District to the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District. (File No.: RZ-99-022) The proposed rezoning of property located on the southeast corner of the intersection of Orange Avenue and Pulitzer Road from the IX (Industrial, Extraction) Zoning District to the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District. The stated purpose of the rezoning is to allow for the re-establishment of agricultural uses on property previously utilized for a mining operation. At the May 20, 1999, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 7 to 0 with two members absent (Mr. Lounds and Mr. McCurdy), recommended approval of this petition as set forth in Draft Resolution 99-022. This proposed rezoning 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 the approval of this petition for a change in zoning from the IX (Industrial, Extraction) Zoning District to the AG-2.5 (Agricultural - 1 du/2.5 acres) as set forth in Draft Resolution 99-022. SUBMITTED: ?�4 .�j Juli 01hewchuk, AICP Co unity Development Director cs cc: File Paul J. Driscoll 1 2 3 4 5 6 7 8 RESOLUTION 99-022 FILE NO.: RZ-99-010 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE IX (INDUSTRIAL, EXTRACTION) ZONING DISTRICT TO THE AG-2.5 (Agricultural - I du/2.5 acres) ZONING DISTRICT OF CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: Paul J. Driscoll presented a petition for a change in zoning from the IX (Industrial, Extraction) Zoning District to the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District for the property described below. 2. On May 20, 1999, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve the hereafter described request for a change in zoning from the IX (Industrial, Extraction) Zoning District to the AG-2.5 (Agricultural 1 - du/2.5 acres) Zoning District for the property described below. 3. On June 15, 1999, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed change in zoning is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. 5. The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed change in the Zoning District Classification for that property described as follows: 8-35-39 NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 - LESS ROAD AND CANAL ACCORDING TO OFFICIAL RECORD BOOK 886, PAGE 1106 AS FOUND IN THE OFFICIAL RECORDS OF ST. LUCIE COUNTY, FLORIDA. (TAX ID# 2308-322-0010-000/3) File No.: RZ-99-010 June 15, 1999 Resolution 99-022 Page 1 M 1En 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 (Location: Southeast corner of the intersection of Orange Avenue and Pulitzer Road) CONTAINING 1.31 ACRES. owned by Paul J. Driscoll is hereby changed from the IX (Industrial, Extraction) Zoning District to the AG-2.5 (Agricultural 1 du/2.5 acres) Zoning District. B. The St. Lucie County Community Development Director is hereby authorized and directed to cause the change to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman Paula A. Lewis XXX Vice -Chairman John D. Bruhn XXX Commissioner Frannie Hutchinson XXX Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX PASSED AND DULY ADOPTED This 15" Day of June, 1999. ATTEST: Deputy Clerk cs H:\WP\Rezonings\Driscoll\drisres.wpd File No.: RZ-99-010 June 15, 1999 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA :1 Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Resolution 99-022 Page 2 `"W z — �E a i OT p a% U O C a Y /� V) O tO H O O _ C i N E w � I ►` N H a o o a a° e N to ,L v V N / tqY"F93i� LIW 9 s S tA. � 3i I O Q t N e W t0� W V A P > f f � a • � C 9 will i 3A �g "wv Y� j� "G+Yi7Y r al 19 Otl rAmc u1� !lr 4P1 ,�J n aC ¢ P nr avow wym Z) avow w10'ISi70tlw O U _ Z avow N" O Crow Iwl ]7/rwoul U LU ' OrOw mn7 w7Cr3i W ~ Y Ow %l0IOH WICI W z O M1 M O n arOtl 033wS P� N011tlr0 � c G K W413 Q Z C— 0 U j--, N O � W W J n � �j rc S Y£ L S S£ L S 9£ L A1Nnoo 33eOHO33NO Qb M Zoning Paul J Driscoll ------- 96 ------- z 99 A00 20 ------ 19 la ,w is pJ 04 /5 p5 N 106 Ix — — — — — — — — IQB IJ ------ 12 — — — — — — — M I I I I l i 2 i 514 5 I I 6 i 7 I I B i g p AVp. 2/ 2b 9 /B ff 15 /I IJ /2 (6b1- 2 J 0/ 0-4 5 OOC�61 ix I , I , I ix I , I , I , I I I I I I j I I I I I I I I I I I I I I I � I I I I I � I I I I I I I I I I I I I I -----� A —2. I I I I I I I I I I I I I I I I I I I I �� CQ Community Development Geographic Information Systems Map revised March 15,1999 . IN* map has been cvrood for general plennirq end rele-- purposes only. RZ-99-010 � "* � enodm bbeen raftto provide ft moslcurentand aocurele Informelion possible. M is not intended for use as a lepaly binding document N M In Land Use AG-5 RZ-99-010 Paul J Driscoll ---------------- 20 ---------------- 18 — — — — — — — — — — — — — — — — 9 16 /5 N — — — — — — — — — — — — /J — — /2 8 I I 1 I I I I , / 2 I 4 5i6, 7, 819 1 10 Y !A 0 ------- 98 ------- 2/ 99 20 — — — — 10/ — — — 18 102 O IW /5 ADS N — VVIYI /N------ l l 2 i J i 4 5 6 i 7 8 i 9 b Orange Ave 2/ 20 9 18 /7 16 — a ---- 14 ` /I O /z ff C / 2 I i 4 I 5 Community Development Geographic Information Systems Map revised March 15,1999 TW map has been compiled for per>aral pW-ng and reference purposes ony. While every effort tau been made to provide the most ounent and accurate intormatbn possible, it is not Intended for use as a legally binding document. N `.r PUBLIC HEARING - PAUL J. DRISCOLL FILE NO. RZ-99-010 Ms. Cyndi Snay presented staff comments. Ms. Snay stated that she was presenting the petition of Paul J. Driscoll for a Change in Zoning from the IX (Industrial, Extraction) Zoning District to the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District. She stated that the property is 1.31 acres, located on the southeast corner of the intersection of Orange Avenue and Pulitzer Road. Ms. Snay stated that the subject property was previously utilized for mining purposes. The mining operation is now terminated and the applicant is requesting that the property be rezoned to the previous zoning district. Ms. Snay stated that staff has reviewed this petition and determined that it conforms with the standards of review that have been set forth in the St. Lucie County Land Development Code and is not in conflict with the Comprehensive Plan. Staff is, therefore recommending that you forward this petition to the Board of County Commissioners with a recommendation of approval. Chairman Wesloski stated that it was her understanding that when mining operations were completed, the property automatically returns to the previous zoning district. Mr. Kelly stated that he was not aware of an automatic reversal clause and that Ms. Young has not heard of one as well. Chairman Wesloski stated that she personally knows that it has occurred. She stated that when they wanted to go back to the IX zoning to mine again, they had to reapply. Mr. Kelly stated that this action (the application to change from IX) is consistent with his memory and understanding of prior situations. Chairman Wesloski asked Mr. Kelly why the zoning would stay IX after mining no longer occurs on the property. Mr. Kelly stated that it is his understanding that the changes in zoning take affirmative action of the Board of County Commissioners and that they have not utilized reverter clauses. There is another case where they have looked into them, which is what happens with an expired planned development and what happens in those instances is the applicant also has to come back because they have determined that reverter clauses do not work. Chairman Wesloski asked if there were any other questions. Planning & Zoning Commission/ May 20, 1999 Local Planning Agency Mr. Matthes asked Mr. Kelly if this property is land locked. Mr. Kelly stated that it is connected to other property. As a separate parcel it would be, but it is part of a parent parcel that has access. Chairman Wesloski asked Mr. Kelly if the other IX zoning would remain, even though there is no mining operation occurring on it. Mr. Kelly stated yes. Chairman Wesloski asked if there were any other questions. Chairman Wesloski asked if the applicant was present. Mr. Paul J. Driscoll, Fort Pierce, addressed the Board. Mr. Driscoll stated that this is a part of the mining operation that they own. He said that at this time he has a contract for sale and one of the contingencies is that the IX be changed back to AG-2.5. Chairman Wesloski asked if there were any questions. At this time, Chairman Wesloski opened the public portion of the meeting. Chairman Wesloski asked if there was anyone that would like to speak in favor of this petition. Chairman Wesloski asked if there was anyone that would like to speak in opposition to this petition. Hearing no further comments in favor or in opposition to the petition, Chairman Wesloski closed the public portion of the hearing. Chairman Wesloski asked Mr. Driscoll if he had any other comments. Chairman Wesloski asked if there were any comments from staff. Chairman Wesloski asked what would be the pleasure of the Board. 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, Mr. Merritt moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Paul J. Driscoll for a Change in Zoning from the IX (Industrial, Extraction) Zoning District to the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District. Mr. Grande seconded the motion, and upon roll call the motion was approved 7-0. Planning & Zoning Commission/ May 20, 1999 Local Planning Agency 0 M Chairman Wesloski stated that the petition would be forwarded to the Board of County Commissioners with a recommendation of approval. Planning & Zoning Commission/ Local Planning Agency May 20, 1999 `lft i AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, JUNE 15, 1999 7: 00 P.M. Petition of Paul J. Driscoll, for a Change in Zoning from the IX (Industrial, Extraction) Zoning District to the AG-2.5 (Agricultural - I du12.5 acres) Zoning District for the following described property: (Location: Southeast corner of the intersection of Orange Avenue and Pulitzer Road) THE PROPERTY'S LEGAL DESCRIPTIONIS A VAILABLE UPONREQUEST If it becomes necessary, these public hearings maybe continued from time to time. Please note that all proceedings before 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, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners on June 3, 1999. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on June 3, 1999. FILE NO. RZ-99-010 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSI PUBLIC HEARING AGi JUNE 15, 1999 05 TO WHOM IT MAY CONCERN: NOTICE is hereby given in accordance with Section 11.00.03 of the St. Lucie County Land Devel- opment Code and in accordance with the provisions of the St. Lucie County Comprehensive Plan, that the following applicants have requested that the St. Lucie County Board of County Commissioners consider their request as follows: 1. BROADMOOR ALZHEIMER'S AND MEMORY IMPAIRMENT CENTER, for a Change in Zoning from the RM-11 (Residential, Multiple -Family - 11 du/aae) Zon- ing District to the 1 (Institutional) Zoning District for the following described property: Dixieland Subdivision - an unre- corded plat - Section 27, Township 35 South, Range 40 East, Block 8 the West 20 feet of Lot 13 and all of Lot 14 (OR 323-1355) (Tax I.D. No. 2427-801-0115-000/5). (Location: 200 Dixieland Drive) 2. DONALD AND LOUISE DORAN, for a Change in Zoning from the RS-2 (Residential, Single - Family - 2 du/acre) Zoning Dishict to the CO (Commercal, CNfice) Zoning District for the following described property: The West 575 feet of the following''. described parcel: Part of the Northwest 'h of the Southwest ''A of Section 4, Town- ship 36 South, Range 40 East, St. Lucie County, Florida, being more particularly described as: The North 340 feet of the South 983 feet of the Northwest 'A of the Southwest 1/4 of said Section 4, and land abutting same on East to Riv- er, containing 10 aaes more or less, EXCEPTING HOWEVER the South 10 feet thereof. LESS AND EXCEPT: A triangular shaped parcel lying in the North- west '/4 of the Southwest VA of Sec- tion 4, Township 36 South, Range 40 East, St. Lucie County, Florida, and being more particularly described as follows: COMMENCE at the Southwest corner of said Section 4; thence North 89*40'12" East, along the South line of said Section 4 a dis- tance of 45.0 feet to the intersec- tion of said South line of Section 4 and the East right-of-way line of South 25th Street, thence North 00012'58" West, along said East right-of-way line and parallel with the West line of said Section 4, a distance of 1975.54 feet to the North line of the South 653.00 feet of the Northwest 1/4 of the South- west ''/4, said point being the Point of Beginning; thence North 03°15'08" East, a distance of 330.60 feet to the intersection of a line 65.00 feet East of said West line of Section 4 and North line of the South 340.00 Feet of the North 1/e of the Northwest 'A of the South west '/4; thence South 00°12'58" East, parallel with said West line of Section 4, a distance of 330.00 feet to the said North line of the South 653.00 feet of the Northwest 1A of the Southwest /4; thence Soutt 89°47'36", West along said North line a distance of 20.00 feet to the Point of Beginning. (Tax I.D. No. 3404-312-0001-000/4). (Location: East side of South 25th Street, approximately 500 feet South of Midway Road) 3. PAUL J. DRISCOLL, for a Change in Zoning from the IX (In- dustrial, Extraction) Zoning District to the AG-2.5 (Agricultural 1 du/ 2.5 acres) Zoning District for the following described property: Section 8, Township 35 South, Range 39 East, Northwest 1/4 of the Northwest '/4 of the Southwest ''A less rood and canal (8.84 ac) (OR 886-1106) (Tax I.D. No. 2308-322-0010-000/3). (location: Southeast corner of the intersection of Orange Avenue and Pulitzer Road) 4. WAYNE SKINNER, for a Change in Zoning from the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District to the CN (Com- mercial, Neighborhood) Zoning District for the following described property: Hattie Chamberlin Subdivision, Section 28, Township 35 South, Range 39 East, Tracts 1 and 2, less the South 883.44 feet (6.80 oc) (OR 988-2686) (Tax I.D. No. 2328-501-0001-000/8). (Location: Southeast comer of the intersection of Okeechobee Road and Eleven Mile Road) 5. W.D. WHITE, for a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) and CN (Commercial, General) Zoning Districts to the CG (Commercial, Neighborhood) Zoning District for the following described property: Section 14, Township 34 South, Range 39 East, West 330 feet of the NE ''A of the SE 1/4, less the North 20 feet for rood right-of- way. (9.90 ac) (OR 1046-2328) ( T a x I. D. N o 1314-412-0000-000/2). (Location: 7701 Indrio Road) PUBLIC HEARINGS will be held in the County Commission Cham- bers, 3rd floor of the Roger Poitras Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida on June 15, 1999, begin- ning at 7:00 P.M. or as soon there- after as possible. PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any ded- sion made by a board, agency, or commission with respect to any matter considered at a meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the pro- ceedings is made, which record includes the testimony and evi- dence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ PAULA A. LEWIS, CHAIRMAN Pub.: June 3, 1999 111.rr `ra% No. 0269 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA TUNE 15,1999 TO WHOM IT MAY CONCERN: NOTICE is hereby given In accordance with Section 11.00.03 of the St. Lucie County Land Development Code and in accordance with the provisions of the St. Lucie County Comprehensive Plan, that the following applicants have requested that the St. Lucie County Board of County 3. PAUL J. DRISCOLL, for a Change in Zoning from the IX Commissioners consider their request as follows: (Industrial, Extraction) Zoning District to the AG-2.5 (Agricultural 1. BROADMOOR ALZHEIMER'S AND MEMORY IMPAIRMENT I 1 du/2.5 acres) Zoning District for the following described property: CENTER, for a Change in Zoning from the RM-11 (Reside)ht al, Multiple -Family - 11 du/ocre) Zoning District to the i lil Section 8, Township 35 South, Range 39 East, Northwest 1/4 of (Institutional) Zoning District for the following described 2` the Northwest 1/4 of the Southwest 11.4 - less road and canal property: (8.84 ac) (OR 886-1106) (Tax I.D. No. 2308-322-00104)00/3). Dbdeland Subdivision - an unrecorded plat - Section 27, (Location: Soulhead comer of the infemclilon of Orange Township 35 South, Range 40 Ead, Block 8 the West 20 feet of Avenue and Pu tw Road) Lot 13 and all of Lot 14 (OR 323-1355) (Tax I.D. No. 2427-801-01154)00/5). 4. WAYNE SIONNER, for a Change In Zoning from the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District to the CN (Location. 200 Dbdelanhd Drive) (Commercial, Neighborhood) Zoning District for the following described property: 2. DONALD AND LOUISE DORAN, for a Change in Zoning from the RS-2 (Residential, Single -Family - 2 du/ocre) Zoning District Hatilo Chamberlin Subdivision. Section 28, Township 35 South. to the CN (Commercial, Neighborhood) Zoning District for the Range 39 East, Teach 1 and 2, leas the South 883.44 feet (6.80 following described property: arc) (OR 988-2686) (Tax I.D. No. 2328-Ml-OW14)00/8). The West 575 feet of the following described parcel: (Lacallon: SouffiwW comer of the Intersection of Okeechobee Road and Seven Mile Road) Part of the Northwest 114 of the Southwest 1/4 of Section 4, Township 36 South. Range 40 East, St. Lucie County. Florlda, S. W. D. WHITE, for a Change in Zoning from the AG-1 6 being more particularly described as: The North 340 feet of (Agricultural - 1 du/acre) and CN (Commercial. Neighbo(hood) the South 983 feet of the Northwest 1/4 of the Southwest 1/4 at Zoning Districts to the CG (Commercial, Generaq Zoning District said Section 4, and land abutting same an East to River, for the following described property: containing 10 acres more or less, EXCEPTING HOWEVER the _ South 10 feet thereof. Section 14, Township 34 South. Range 39 East. Went 330 feet of the NE 1/4 the SE less the North 20 feet for road LESS AND EXCEPT: A triangular shaped parcel OV In the �Y�. (9.90 arcd)) (OR 1046-2328) (Tax L0. No. Northwest 1/4 at the Southwest 1/4 of Section 4, Township 36 1314-412-0000 OOOi2). South. Range 40 Eat, St. Lucie County. Florida. and being more particularly bounded and described as bkm: S ODcatlon: 7701 Imddo Road) COMMENCE at the Southwest comer of said Section 4; thence � PUBLIC HEARINGS will be held in the County Commission b North 89 4V12" East, along the South Sne of said Section 4 a Chambers, 3rd floor of the Roger Poltras Administration Annex distance of 45.0 feet to the Intersection of sold South Ine of Budding, 2300 VlrgWa Avenue, Fort Pierce, Florida on June 15, Section 4 and the East rghht-f-way Ilse of South 25111 Sheet; 1999. beginning of 7:00 P.M. or as soon thereafter as possible. thence North 00° 12'58- West, along add East right -(-Way Ilse and parallel with the West Iine of said Section 4, a distance of PURSUANT TO Section 286.0105, Florida Statutes, ti a person 1975.54 feet to the North line of the South 653.00 feet Of the decides to appeal any decision made by a board, agency, or Northwest 1/4 of the Southwest 1/4, said point being the Point of commission with respect to any matter considered at a Beginning; thence North 03.15V8' East, a dstance al 330.60 meeting a hearing, he will need a record of the pr S. feet to the Intersection ofa Ine 65.00 feet Ead of sold West Ilne and that, for such purpose, he may need to ensure of Section a and North km of the South 340.00 feet of the verbatim record of the proceedings is made, which record North 1/2 of the Northwest 1/4 of the Southwest 1/4; thence I includes the testimony and evidence upon which the meal is South 00' 1758- East, parallel with said Weal fine of Section 4, a to be based. distance of 330.00 feet to the said North Ine of the South 653.00 feet of the Northwest 1/4 of the Southwest 1/4; Mience BOARD OF COUNTY COMMISSIONERS South 89° 47136% west along said north line a distance of 20.00 ST. LUCIE COUNTY, FLORIDA feet to the Poled of BephNrg. (Tax I.D. No. /S/ PAULA A. LEWIS. CHAIRMAN 3404-312-0001-=4). Publish: June 3, 1999 (Location: East dde of South 25th Sheet, approximately SW feet South of Midway Road) M 0 TO: FROM: DATE: PLANNING AND ZONING COMMISSION REVIEW: 05/20/99 File Number RZ-99-010 DEPARTMENT OF COMMUNITY DEVELOPMENT Planning and Zoning Commission Planning Manager 01' May 12, 1999 SUBJECT: Application of Paul J. Driscoll, for a Change in Zoning from the IX (Industrial, Extraction) Zoning District to the AG 2.5 (Agricultural, 1 du/2.5 acres) Zoning District. LOCATION: Southeast corner of the intersection of Orange Avenue and Pulitzer Road (Tax ID #2308-322-0010-000/3) EXISTING ZONING: IX (Industrial, Extraction)) PROPOSED ZONING: AG-2.5 (Agricultural, 1 du/2.5 acres) FUTURE LAND USE: AG-2.5 PARCEL SIZE: 1.31 acres PROPOSED USE: Agricultural PERMITTED USES: Section 3.01.03(B), AG-2.5 (Agricultural - 2.5) Zoning District identifies the designated uses which are permitted by right, permitted as an accessory use, or permitted through the conditional use process in the AG-2.5 (Agricultural 1 du/2.5 acres) zoning district. Any use designated as a "Conditional Use" is required to undergo further review and approval before that use may be commenced on the property. Any use not identified in the zoning district regulations are considered to be prohibited uses in that district (Attachment "A"). M May 10, 1999 Page 2 SURROUNDING ZONING: SURROUNDING LAND USES: FIRE/EMS PROTECTION: UTILITY SERVICE: TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: SCHEDULED IMPROVEMENTS: TYPE OF CONCURRENCY DOCUMENT REQUIRED: Petition: Paul J. Driscoll Rezoning File RZ-09-010 North and South AG-2.5 (Agricultural 1 du/2.5 acres); East AG-5 (Agricultural 1 du/5 acres); and west IX (Industrial, Extraction) The general existing use surrounding the property is residential. The Future Land Use Classification of the immediate surrounding area is AG-2.5. Station 11 (3501 Shinn Road), is located approximately 4 miles to the west. The subject property is in the Ft. Pierce Utilities Authority (FPUA) service area. The existing right-of-way for Pulitzer Road is 82 feet and Orange Avenue is 100 feet. None. Concurrency Deferral Affidavit. 0 May 10, 1999 Petition: Paul J. Driscoll Rezoning Page 3 File RZ-09-010 STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed zoning district is consistent with the St. Lucie County Land Development Code. The underlying land use for the subject property is AG-2.5. The requested AG-2.5 Zoning District, therefore, will be compatible with the underlying land use designation. Previously, the subject property was utilized for mining purposes. The mining operation is now been terminated and the applicant is requesting that the property be rezoned to the previous zoning district. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed change in zoning is consistent with all elements of the St. Lucie County Comprehensive Plan. The AG-2.5 Land Use designation allows the AG 2.5 (Agricultural, 1 du/2.5 acres) Zoning District. The requested zoning district is of a less intense nature than the existing district. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed zoning is consistent with existing and proposed land uses in the area. The general use of the immediate surrounding area of the subject property is residential and agricultural in character. The general use of the immediate surrounding area of the subject property is as follows: Surrounding Use Land Use Zoning North Vacant Land AG - 2.5 AG - 2.5 South Single-family residence AG - 2.5 AG - 2.5 East Grove AG - 5 AG - 5 West Single-family/Mining operation AG - 2.5 IX M En May 10, 1999 Petition: Paul J. Driscoll Rezoning Page 4 File RZ-09-010 4. Whether there have been changed conditions that require an amendment; Conditions have changed which result in this amendment request to change the zoning on the subject property from IX (Industrial, Extraction) to AG-2.5 (Agricultural 1 du/2.5 acres). The subject property was utilized as part of a mining operation. The operation has now terminated its business. Therefore, the existing zoning designation is now inappropriate for the use of the subject property. The most compatible zoning designation for the subject property is AG-2.5 (Agricultural, 1 du/2.5 acres). 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The intended use for this rezoning is not expected to create significant additional demands on any public facilities in this area. The proposed zoning is less intense the existing zoning, resulting in a decrease in the service demand for the subject property. Prior to any approvals for the subject property, the applicant will need to provide documentation verifying that sufficient facilities are in place to support the development. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. The existing use (mining) of the property has degraded the environmental quality on the subject property. The property will be -enhanced by the agricultural uses. The applicant will be required to comply with all federal, state, and local environmental regulations. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; An orderly and logical development pattern will occur with this change in zoning. The surrounding parcels of property are designated for agricultural uses. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. M M The petitioner, Paul J. Driscoll, has requested this change in zoning from the IX (Industrial, Extraction) to AG-2.5 (Agricultural 1 du/2.5 acres)Zoning District in order to utilize the subject property for agricultural uses. The subject property is in an area of residential and agricultural uses. Staff has reviewed this petition and determined that it conforms with the standards of review as set forth in the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. Please contact this office if you have any questions on this matter. Attachment cs cc: Paul J. Driscoll File `tiw✓ B. -AG-2.5 AGRICULTURAL - 2.5 Purpose Section 3.01.03 Zoning District Use Regulations The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one dwelling unit per two and one half (2.5) gross acres. The number in "()"following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Agricultural production - crops to,) b. Agricultural production - livestock & animal specialties (w) C. Agricultural services (or) d. Family day care homes. (99g) e. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (m) f. Fishing, hunting & trapping (og) g. Forestry (oe) h. Kennels. (0752) i. Research Facilities, Noncommercial (8733) j. Riding stables. (7999) k. Single-family detached dwellings. (m) 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking and Loading Requirements Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00 7. Conditional Uses a. Agricultural labor housing. (m) b. Aircraft storage and equipment maintenance. (4581) C. Airports and flying, landing, and takeoff fields. (45e1) 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. (422114222) Adopted August 1, 1990 96 Revised Through 04/15/99 M on Section 3.01.03 Zoning District Use Regulations f. Gasoline service stations. (sw) g. Industrial wastewater disposal. (999) h. Manufacturing: (1) Agricultural chemicals (287) (2) Food & kindred products (Zo) (3) Lumber & wood products, except fumiture (z.) i. Mining and quarrying of nonmetalic minerals, except fuels. (14) j. Radio, television, and microwave communication stations and towers. (999) k. Retail trade: (1) Farm equipment and related accessories. (m) (2) Apparel & accessory stores. (ss) I. Sewage disposal subject to the requirements of Section 7.10.13. (999) M. Camps - sporting and recreational. (7032) n. Outdoor shooting ranges, providing site plan approval is obtained according to the provisions of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of this Code. 8. Accessory Uses: Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Mobile homes subject to the requirements of Section 7.10.05. b. Retail trade and wholesale trade - subordinate to the primary authorized use or activity. C. Guest house subject to the requirements of Section 7.10.04. 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[X] TO: BOARD OF COUNTY COMMISSIONERS PREfzz�—z SUBMITTED BY: Community Development " fm`ni ty Development Director SUBJECT: Request for Rezoning of Property located on the southeast corner of 11-Mile Road and Okeechobee Road from the AG- 2.5 (Agricultural - 1 du/2.5 acres) Zoning District to the CN (Commercial, Neighborhood) Zoning District - Draft Resolution 99-023 BACKGROUND: Petition of Wayne Skinner for a Change in Zoning from the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District to the CN (Commercial, Neighborhood) Zoning District. The stated purpose of the rezoning is to allow for the development of the subject property as a convenience store, feed store with accessory agricultural uses and a retail western wear facility. (File No.: RZ-99-009) PREVIOUS ACTION* The Planning and Zoning Commission, by a vote of 6 to 1 with 2 members absent (Mr. Lounds and Mr. McCurdy), recommended denial of the rezoning at its May 20, 1999, meeting. RR O M.NDATION: Deny Draft Resolution 99-023 changing the zoning from the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District to the CN (Commercial, Neighborhood) Zoning District for property located on the southeast corner of the intersection of 11-Mile Road and Okeechobee Road. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Do1KgJxs M. Anderson County Administrator Review and Agnrovals County Attorney: Management & Budget: Purchasing: Originating Department: Other: Other: Finance: (Check for Copy only, if applicable) COUNTY COMMISSION REVIEW: June 15, 1999 Resolution 99-023 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: June 8, 1999 Subject: Petition of Wayne Skinner, for a Change in Zoning from the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District to the CN (Commercial, Neighborhood) Zoning District. (File No.: RZ-99-009) The proposed rezoning of property located on the southeast corner of 11-Mile Road and Okeechobee Road from the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District to the CN (Commercial, Neighborhood) Zoning District. The stated purpose of the rezoning is to allow for a feed store with accessory agricultural uses, a retail western wear shop and a convenience store. Based upon the following reasons, Staff recommended denial of this petition for a change in zoning from the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District to the CN (Commercial, Neighborhood) as set forth in Draft Resolution 99-023: a. The proposed zoning is inconsistent with the purpose of the CN (Commercial, Neighborhood) Zoning District; b. The uses permitted within the CN (Commercial, Neighborhood) Zoning District are not compatible with the surrounding community; C. The subject property is located outside the urban service boundary and therefore the request for a zoning district that is more intense than the existing rural use would be inconsistent with Future Land Use Element, Objectives 1.1.2 and 1.1.5 and Policies 1.1.2.3 and 1.1.12.1.; d. Based upon the incompatibility of the proposed zoning district with the surrounding properties, the proposed rezoning petition would not be consistent with Policies 1.1.2.4 and 1.1.8.4 e. The proposed rezoning petition is expected to increase the demand on the transportation network located within this area; f. The granting of this zoning change would negatively effect the existing development patterns occurring within the surrounding area. At the May 20, 1999 Planning and Zoning Commission meeting, Mr. Skinner provided numerous photographs which represent the residential, agricultural and agricultural/commercial uses found in the subject area. Mr. Skinner's discussion regarding the photographs is found in the Planning M M June 9, 1999 Subject: Wayne Skinner Rezoning Petition Page 2 File No.: RZ-99-009 and Zoning Commission's Minutes of the May 20, 1999 meeting. The photos are available for review in the Planning Division and will also be available at the June 15, 1999 Board of County Commissioners Public Hearing. At the May 20, 1999, public hearing on this matter, the St. Lucie County Planning _and Zoning Commission, by a vote of 6 to 1 with two members absent (Mr. Lounds and Mr. McCurdy), recommended denial of this petition as set forth in Draft Resolution 99-023. This proposed rezoning does not meet the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code, and is in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends the denial of this petition for a change in zoning from the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District to the CN (Commercial, Neighborhood) as set forth in Draft Resolution 99-023. SUBMITTED: --�L - JLdJ-- Jul f hewchuk, AICP Co unity Development Director cs cc: File Wayne Skinner 1 2 3 4 5 6 7 8 RESOLUTION 99-023 FILE NO.: RZ-99-M A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE AG-2.5 (AGRICULTURAL -1 DU/2.5 ACRES) ZONING DISTRICT TO THE CN (COMMERCIAL, NEIGHBORHOOD) ZONING DISTRICT OF CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: Wayne Skinner presented a petition for a change in zoning from the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District to the CN (Commercial, Neighborhood) Zoning District for the property described below. 2. On May 20, 1999, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners deny the hereafter described request for a change in zoning from the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District to the CN (Commercial, Neighborhood) Zoning District for the property described below. 3. On June 15, 1999, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed change in zoning is not consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has not satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. 5. The proposed change in zoning is not consistent with the existing and proposed use of property in the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed change in the Zoning District Classification for that property described as follows: HATTIE CHAMBERLIN SUBDIVISION IN 28, 35, 39 TRACTS 1 AND 2, LESS SOUTH 883.44 FEET ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 988 PAGE 2686 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. (TAX ID#: 2328-501-0001-000/8) File No.: RZ-99-009 June 15, 1999 Resolution 99-023 Page 1 gn En (Location: Southeast corner of 1141ile Road and Okeechobee Road) CONTAINING 6.80 ACRES. owned by Wayne Skinner is hereby not changed from the AG-2.5 (Agricultural 1 du/2.5 acres) Zoning District to the CN (Commercial, Neighborhood) Zoning District. B. The St. Lucie County Community Development Director is hereby authorized and directed to cause the change to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman Paula A. Lewis XXX Vice -Chairman John D. Bruhn XXX Commissioner Frannie Hutchinson XXX Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX PASSED AND DULY ADOPTED This 15th Day of June, 1999. ATTEST: Deputy Clerk t;s HAWP\rezonings\Wayne Skinner\skinres.wpd BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney File No.: RZ-99-009 Resolution 99-023 June 15, 1999 Page 2 n E E � W 4 OO C N Ot°� 0 Q < tl 7 C 1� o a a 0 m L o i(..1r t v a 3tla t s� y t SSG O gyypp P O O f w wwva E r ...FPIPL59. is a � f P• • � h V F -atl N�ii � r Q OWN xvv'VM Avomm sow N V !Ir r� Ld am on�j 1 OY vii r A z avow WY�fi D avow w O ' Ovatl tNIS 0 � 3a0tlB Ovatl 3M1 3OYva U ccOvotl Ovatl cr W e ON W010Y 1v30 W F" O G 7 8 avow a MOW Yotwv3 ¢ ac z � }' z i n g S Y£ 1 S S£ 1 S 9£ 1 kLN(100 3390HO33NO o, Wayne Skinner Zoning AG — 2.5 1 I chObee Okee � 1 � 1 i � I � 1 � 1 1 � 1 i � 1 1 � 1 1 � i , 1 1 1 1 � 1 � 1 � 1 � 1 � — I � � 1 � 1 � 1 � 1 � I � I � �� 1 G�, Community Development RZ 99-009 Geographic Information Systems Map revised Apri121, 1999 wImftw,~h.��W.bpV*�. ara.� wmrrmN .Ow VoubW, K M ra MMnOW W u u • Mg* �ua. , G E". Wayne Skinner Land Use AG — 2.5 I I I R°°a OV, I i I I I i i I i I I I I I I I I I I I I i i I i I I I I I I I I - I I i I I I I � I I I � I I I I _ I I � I I I I I I i I I I � I I I I I ;u , r✓�, Community Development RZ 99-009 Geographic Information Systems ryq . Map revised April21, 1999 ThI. m.P h.. bow wnoa.a b,9—M OW-V w nf-- P.Pow W� . -y ~fW b— ,�Wau«,f . b P-ft Yw a+y. n" .TINNY ,%W PUBLIC HEARING - WAYNE SKINNER FILE NO. RZ-99-009 Ms. Cyndi Snay presented staff comments. Ms. Snay stated that she was presenting the petition of Wayne Skinner for a Change'in Zoning from the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District to the CN (Commercial, Neighborhood) Zoning District. She stated that it is a 6.80 acre parcel located on the southeast corner of Eleven Mile Road and Okeechobee Road. Ms. Snay stated that the surrounding zoning to the subject property is AG-2.5 (Agricultural - 1 du/2.5 acres) to the north, south, east, and west. Ms. Snay stated that upon review of the Land Development Code, staff concluded this request is not consistent with the CN (Commercial, Neighborhood) purpose and the permitted uses would not be compatible with the surrounding area. Ms. Snay stated that the proposed change in zoning is not consistent with Policies 1.1.2.3, 1.1.2.4, 1.1.8.4, and 1.1.12.1 of the Future Land Use Element of the Comprehensive Plan. Ms. Snay stated that staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of denial. Chairman Wesloski asked if there were any questions for Ms. Snay. Chairman Wesloski asked if the applicant was present and would like to address the Board. Mr. Wayne Skinner, 3575 Eleven Mile Road, Fort Pierce, addressed the Board. Mr. Skinner stated that he lives three miles south of the subject property. He stated that there are other businesses in the direct area and there is a major four lane highway nearby. Chairman Wesloski asked if there were any questions from the Board. At this time, Chairman Wesloski opened the public portion of the hearing. Chairman Wesloski asked if there was anyone who would like to speak on this petition. Mr. David Munyan, 3524 Eleven Mile Road, Fort Pierce, addressed the Board. Mr. Munyan stated that his property is adjacent to the property to the south. He stated that he opposes the zoning change and that he believes this is going to contribute to urban sprawl. He believes that this deviates from what the Planning Board's objectives are. He stated that he is not able to receive recycling services Planning & Zoning Commission/ May 20, 1999 Local Planning Agency fir►'` or garbage pick-up because there are not enough homes in the area. He stated that he does not see that the rezoning would assist this matter. Chairman Wesloski asked if there was anyone else who would like to speak on this petition. Mr. Stanley Bredemeyer, 3691 Eleven Mile Road, Fort Pierce, addressed the Board. Mr. Bredemeyer stated that he does not feel that spot zoning is good for the community. He stated that Eleven Mile Road is a single lane hardtop road and he does not believe the county has the right-of- way to double lane the road. He stated that he is concerned there would be a lot of traffic. He said that down the street some there is a Shell Station and that he does not believe that it is a profitable business. He stated that he believes there is a probable chance that the store would close. He stated that it is not a heavily populated area. Chairman Wesloski asked if there was anyone else who would like to speak on this issue. Ms. Grace Sullivan, 3684 Eleven Mile Road, Fort Pierce, addressed the Board. Ms. Sullivan stated that she is opposed to this development. She stated that she believes that spot zoning in this area would be ludicrous. She stated that about two miles from this site, there are plenty of businesses where stores and items that are needed are easily accessible. She stated that she does not see why a commercial zoning is need in the predominately residential area. Chairman Wesloski asked if there was anyone who would like to speak in favor of this petition. Chairman Wesloski asked Mr. Skinner if he would like to address the Board. Mr. Skinner stated that he has a few pictures that he would like the Board to see. He stated that twelve letters were sent out and only three were sent back. He said that leads him to assume that only three oppose and nine agree. Mr. Skinner provided a picture of a western wear and feed store currently in the area. He stated that he would like to improve upon this design, he believes it looks nice, it can be environmentally sound, and part of the neighborhood. He stated that he has 700 feet of frontage on Okeechobee Road, he has plenty of room for access on Okeechobee Road, he does not need access from Eleven Mile Road. Mr. Skinner provided the following pictures and descriptions: Pictures #1 a and b are of Eleven Mile Road. Pictures #3 a, b, c, and d, are the road going to Camp Hammock. He stated that there is a tractor mowing business in this area. Picture #4 is a typical house in the area. Planning & Zoning Commission/ May 20, 1999 Local Planning Agency Im Pictures #5 a, b, and c, are of a sand blasting and painting operation that has been at this location for forty years. He stated that he does not believe that this could be consistent if they deny his petition. Pictures #6 a, b, c, and d, are of Hays Harvesting. He said that is a truck repair shop. He said that across the street is a grove office. Treasure Coast Sod is to the east of the property on which he is proposing to rezone. Picture # 9 shows what a well designed facility would look like. Mr. Skinner stated that this Board zoned the corner of Okeechobee Road and Midway Road Commercial for the Fair Association. He stated that he would like to sell farm supplies and have a feed store. Note: This zoning was to Institutional not Commercial Chairman Wesloski asked if there were any questions for Mr. Skinner. Hearing no further comments in favor or in opposition to the petition, Chairman Wesloski closed the public portion of the hearing. Chairman Wesloski asked Mr. Kelly if the Fair was on the north side of Okeechobee on Midway where it meets. Mr. Kelly stated that it is actually on the south side of Okeechobee where it meets Midway. Chairman Wesloski asked Mr. Kelly if he could give her more specifics on why staff recommended denial. Mr. Kelly stated that the approval of zoning is not just for what the petitioner states, but is an approval of the entire list of CN (Commercial, Neighborhood) uses. He stated that staff believes some of the uses in CN (Commercial, Neighborhood) are not appropriate at this location. He stated that many of the uses indicated by Mr. Skinner (farm and agriculture related, and retail uses) could be approved as a conditional use by this Board with a site plan. He stated that the only referenced item which could not be approved as a conditional or permitted use is the convenience store. He stated that staff felt that it was not appropriate at this location and made the recommendation for denial based on these issues. Chairman Wesloski asked Mr. Kelly if there is a zoning that would cover all of Mr. Skinner's requested activities. Mr. Kelly stated that CN (Commercial, Neighborhood) is the only zoning and it contains other things that were beyond what staff felt was appropriate. Planning & Zoning Commission/ May 20, 1999 Local Planning Agency 'haw, `%r% Chairman Wesloski asked Ms. Young what should the Board do with the photos since they will be referred to in the minutes. Ms. Young stated that it appears Mr. Skinner was submitting the photos for the record. Chairman Wesloski asked Mr. Skinner if he was submitting the photos for the record. Mr. Skinner stated yes. Chairman Wesloski asked if there were any further questions. Mr. Merritt said that he does not understand the staff denial. He cannot picture someone putting a residential development on this property (a four lane highway at an intersection). He does not believe this is the highest and best use of the land. Mr. Merritt asked Mr. Kelly how staff could say that the property should not be used as a commercial site. Mr. Kelly stated that the argument made by Mr. Merritt that the parcel fronts Okeechobee Road which is a four lane road and getting busier could be used for every parcel that fronts Okeechobee Road. He stated that the property is out of the Urban Service area, and it does not have the services required for more intense development. He stated that it does not meet the specific requirements of the Comprehensive Plan for rezoning to commercial in areas that are designated residential. He stated that with the broad range of uses it simply did not seem to be the appropriate zoning for the parcel. He stated that staff looked at it and determined that it was not appropriate for CN (Commercial, Neighborhood). Mr. Trias asked Mr. Kelly if he believes the proposed change in zoning would be inconsistent with the future land use designation. - Mr. Kelly stated yes. Mr. Trias asked Mr. Kelly if he would agree this would be considered spot zoning and it would be considered illegal. Mr. Kelly stated that the Comprehensive Plan allows for those zonings under specific instances which staff believes are not met in this parcel. Chairman Wesloski asked if there was anyone else who would like to speak on this petition. Mr. Moore asked Mr. Kelly what were the other uses that staff felt were inappropriate. Mr. Kelly stated that the major concern is the convenience store. He stated that as soon as the convenience store goes in as an accessory use you have retail trade of gasoline services as an Planning & Zoning Commission/ May 20, 1999 Local Planning Agency *4WI NWW accessory to the retail food store. He stated that at this time staff did not feel that a service station was an appropriate use on this site. Chairman Wesloski asked if there were any other questions. Ms. Dreyer asked Mr. Kelly if the CN (Commercial, Neighborhood) Zoning District is an implementing zoning district for the AG land use. Mr. Kelly stated that the Comprehensive Plan contains a policy that states we may rezone to CO (Commercial, Office) or CN (Commercial, Neighborhood) in areas that are not designated Commercial by the Comprehensive Plan if specific criteria are met. He stated that staff did not believe the criteria were met. Chairman Wesloski asked if there were any other questions. Chairman Wesloski asked what would be the pleasure of the Board. 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, Mr. Grande moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners deny the application of Wayne Skinner for a Change in Zoning from the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District to the CN (Commercial, Neighborhood) Zoning District, because it is inconsistent with the overall plans for the area. Mr. Trias seconded the motion. Chairman Wesloski asked if there was any discussion. Upon roll call, the motion was approved 6-1. Chairman Wesloski stated that the petition would be forwarded to the Board of County Commissioners with a recommendation of denial. Planning & Zoning Commission/ May 20, 1999 Local Planning Agency M in Oakburl Farms 3684 Eleven Mile Road Ft. Pierce, Fl 34945-2501 10 May, 1999 Board of County Commissioners 2300 Virginia Ave. Ft. Pierce, F134982-5652 Re: File Number RZ-99-009 Dear Diana Wesloski, ti MAY ± 2 .•; STTENT �'ic� cam: ,r.''L I am writing to disapprove the zoning change for commercial development by Wayne Skinner on the corner of Eleven Mile Road and Okeechobee Road. I feel that this would be a detriment to the agriculture and residential neighborhood that we have tried to cultivate for this section of St. Lucie County. Besides the obvious problems of ingress and egress that a commercial establishment would have on Eleven Mile Road, the impact of such a business would have a detrimental effect on the value of the surrounding properties. Also it brings about a change in the security and privacy that we have and opens us up to possible criminal exposure. A change will occur in the trash and litter that accumulates around commercial developments that will need county maintenance . Also consider the fact that 2 miles (+/-) away is a busy intersection already filled with fast foods restaurants, small groceries/ convience stores, liquor store, souvenir stores, fruit sales, fine restaurants, truck and car gas stations and more are being planned. The probability of another commercial development competing against the Kings Highway, I-95, and the Florida Turnpike district seems ludicrous. There are plenty of other sites on Okeechobee road that already have commercial zoning that could be utilized. You must be aware that there have been other such ventures that were started and folded in this area, for example Oma James's store (comer of McCarty Rd & Okeechobee Road), A & W Meats (on Okeechobee Rd. east of Eleven Mile Rd. ), and Timberlake Grocery Store (still further east on Okeechobee Road). Since the early 1900's when the "10 mile creek" community was established, this has been a family oriented agricultural site that we hope to maintain. In closing my family and I are opposed to the rezoning for a commercial development. Sincerely, May-10-99 02:39P bob rzarol muir 561 46B 6301 P.01 May 10,19" ke- R Z 99-009 St. Lucre County Planning and Zoning Commission Please consider this roquest to deny the proposed zoning change to the property in your file: number R2- 9940). This request is being made for the following reasons: 1: St. Lucie County has more than our share ol'vacarn conunercial b► iklings and additionO commerciul zoning should not be provides This is evidenced by the nearly vacant Orangc Blossom Mali. the former Walniart store, the Becker office property, and the ncariy vacan► Outlet Mall. All of these properties are near who should be one of the; most profitable Highway intersections in all of Florida :eel are within close: Proximity to the property in this APplication. 2' The d`LL4t nor base nor die is property is not sufficient to suppon any commercial activity- This is not a major or even a minor intcxsdx,•tion, and is only a single lane rural road meeting but not earossing SR 70 ((Acochobee Road). 3- if a convenience type store should be constructed on this property it would be in compankmi with the numerous sWres only three nules Fast hear the tumpike dattr aw and with an ousting store 3 miles West at the: intersection of Shinn Road and SR 70. which is very close to Midway Road. This type: of competition would no doubt lead to another vac mt commercial building Thank you, KW 5. 4bert S. Muir Carol A. Muir 3550 Eleven Mile Read Ft, Pierce. Fl. 3494.5 W-i64-1832 US/1Z/89 ZJ:U4 t'AA 001 402 1510 SLG EXTENSION tool 1 rkw `"'/ May 13,1999 Re: RZ 99-009 To: St. Lucie County Planning and Zoning Commission Please consider denying the request for zoning change to property referenced in RZ 99-009 from AG-2.5 to CN. We are opposed to the change for the following reasons It is evident by the vacant commercial property in St. Lucia County ie; the Orange Blossom Matt, the Outlet Mall, the former Walmart, and a host of oonvenient stares, that the county is NOT in need of more commercially zoned property in this area of the county. The said property is located in a residential area that is not a high traffic portion of the county. Residents in the area are only approaamately 2-3 miles away from the already established stores on Okeechobee Rd. and Midway Rd. A need for commercial property in this area has not been apparent to the residents of the area. Thank you for your consideration. kdand St 3524 11 Mile Rd. Ft. Pierce, F134945 (561) 465-6496 s �g N OF o o IOU MAY 1 7 1999 j 9 -�91 9111) _ S-6 COMMUNITY DEVELOPI1hENT II � / , WMO� -- a FIRM ... i 0 ��� _ ,y « i r 05/17/99. MON 11:25 FAX B H J W& S 10001 '*400' $RENNAN, HAYSKAR, JEFFERSON, WALHER & SCHWERER, P.A. ATTORNEY$ AT LAW 616-519 SOUTH INDIAN RIVER DRIVE JOHN T. BRENNAN FORT PIERCE. FLORIDA 3495E THAD H, CARLTON (1906.1065) GARRISON M. OVIVOAS POST ORPICE BOX 3779 STEPHEN 0. HAYsKAQ FORT PIERCE, FLORID^ 3AOAO.3779 lRAOFORO L. JCFFERSON TELEPHONE (961) 46I-9390 STEVEN p. MCCAIN FAX (661) 460-6560 ROBERT V. SCHWERER JAMES T. WALKER May 14, 1999 By Facsimile: 462-1581 MAY 7 Diana Wesloski, Chairman SLC PLANNING AND ZONING COMMISSION 2300 Virginia Avenue Fort Pierce, FL 34982-5652 FILE NO.: RZ-WO09 LOCATION: SE Corner Okeechobee Road and Eleven Mile Road RE: REQUEST FOR CHANGE IN ZONING from AG-2.5 to CN My wife and 1 live at 3925 Eleven Mile Road. We have lived there over 17 years and have a significant invemneat in 20 acres and a trams located the =- We very strongly object to the change rcquesrcd by Mr. Wayne Skinner. When we saw the sign being posted on the corner we became concerned. Tbc area that we live on Eleven Mile Road is only a one lane road and is residential and should continue to remain residesdal- The Comprehensive Planning Board of St- Lucie County should strongly follow its own compre hemve plan and not change it. On the property just cast of Wayne Skinner's property there already was a grocers' store that did very poorly and eventually was condemned and acquired by the DOT for widening of Okla Road. The preservation of the residential construction in this aria is important to the neighbors and neighborhood. Therefore, I respectfully request that you follow your own comprehensive plan and keep the property in the residential classification. John T. Brennan Marilyn Brennan n M May 17, 1999 Re: RZ-99-009 St Lucie County Planning and Zoning Commission Please consider this request to deny the proposed zoning change to the property in your file RZ-99-009. This request is being made for the following reasons. 1. If a convenience type store should be constructed on said property it would be 2.8 miles east of a convenience store located at the intersection of Shinn Road and Okeechobee Road (SR 70) and 2.6 miles west of three food mart stores located at the intersection of Kings Highway and Okeechobee Road (SR 70). The area between Shinn Road and Kings Highway is sparsely populated and would not be sufficient to support commerical activity. 2. Eleven Mile Road is a single lane road that exits Okeechobee Road (SR70) from the south and is not a major or minor intersection. This could create a traffic hazard. 3. We enjoy the quietness of our neighborhood and do not feel this commerical activity would be an asset to the neighborhood. Thank you llohn E Layfield"/ 3549 Eleven Mile Road D. Lawana Layf Id 3549 Eleven Mile Road Fax: 561-462-1581 TOTAL P.01 E5 May 18, 1999 Board of County Commissioners Julia Shewchuk Community Development Director 2300 Virginia Ave. Ft. Pierce, Fl 34982-5652 RE: File Number RZ-99-009 Dear Ms. Shewchuk: Bredemeyer 3691 Eleven Mile Road Ft. Pierce, FI 34945 my 19 1999 COMMUNITY DEVELOPMENT ST. LUCIE COUNTY, FL It was with dismay that we realized that the re -zoning of the southeast corner of the intersection of Okeechobee Road and Eleven We Road from AG-2.5 to CN(Commercial, Neighborhood) is being considered. We live on Eleven Mile Road south of the intersection of the proposed change. We oppose the change for the following reasons: ➢ Eleven Mile Road is a one -lane road. It is narrow, the road cannot support additional traffic turning onto Eleven Mile Road and then into the proposed business. Turning onto Eleven Mile Road first would have to occur by anyone traveling from the west to enter the property under discussion. Also, Eleven Mile Road cannot handle additional traf)4c from the south traveling on the road to enter the proposed business. ➢ It is our understanding that Eleven Mile Road, currently zoned agriculture, was paved to support the agriculture businesses. Therefore, it was not constructed to support business traffic, which this rezoning would bring. The road surface and width would not be able to support the additional traffic this proposed zoning change will bring ➢ We support zoning, urban and rural planning. Zoning is done for the purpose of positive lone -term development of cities and counties. _The property has been zoned for agricultural use. It should remain as it was named in the master plan. Why keep changing the master plan which forever changes what was intended for the county? ➢ It is our understanding that a convenience store is being proposed. If that is the case business research will show that there are convenience stores within 3 miles (east and west) with another going in (intersection of turnpike and Okeechobee) less that 3 miles away. Why does St. Lucie County need another one in an area that as part of the master plan is zoned agriculture? We are concerned citizens protesting this zoning change. If you desire additional input from us we can be reached at (561)4654381 or at the above address. We do plan on attending the hearing on May 20`s at 7p.m. Sincerely Stan and Nancy Bredemeyer 3691 Eleven Mile Road Ft. Pierce, FL 3494 L.01 AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, .TUNE 15, 1999 7: 00 P.M. Petition of Wayne Skinner, for a Change in Zoning from the AG-2. S (Agricultural -1 du/2. S acres) Zoning District to the CN (Commercial, Neighborhood) Zoning District for the following described property: (Location: Southeast corner of the intersection of Okeechobee Road and Eleven Mile Road) THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST If it becomes necessary, these public hearings maybe continued from time to time. Please note that all proceedings before 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, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners on June 3, 1999. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on June 3, 1999. FILE NO. RZ-99-009 ST. LUCIE COUNTY BOA' -If COUNTY COMMISSIO PUBLIC HEARING AGE JUNE 15, 1999 En TO WHOM IT MAY CONCERN: NOTICE is hereby given in accordance with Section 11.00.03 of the St. Lucie County Land Devel- opment Code and in accordance with the provisions of the St. Lucie County Comprehensive Plan, that the following applicants have requested that the St. Lucie County Board of County Commissioners consider their request as follows: 1. BROADMOOR ALZHEIMER'S AND MEMORY IMPAIRMENT CENTER, for a Change in Zoning from the RM-11 (Residential, Multiple -Family - 1 I du/acre) Zon- ing District to the 1 (institutional) Zoning District for the following described property: Dixieland Subdivision - an unre- corded plat - Section 27, Township 35 South, Range 40 East, Block 8 the West 20 feet of Lot 13 and all of Lot 14 (OR 323-1355) (Tax I.D. No. 2427-801-0115-000/5). (Location: 200 Dixieland Drive) 2. DONALD AND LOUISE DORAN, for a Change in Zoning from the RS-2 (Residential, Single - Family - 2 du/acre) Zoning District to the CO (Commercial, Office) Zoning District for the following described property: The West 575 feet of the following described parcel: Part of the Northwest ''A of the Southwest '/4 of Section 4, Town- ship 36 South, Range 40 East, St. Lucie County, Florida, being more particularly described as: The North 340 feet of the South 983 feet of the Northwest 1/4 of the Southwest''/4 of said Section 4, and land abutting some on East to Riv- er, containing 10 acres more or less, EXCEPTING HOWEVER the South 10 feet thereof. LESS AND EXCEPT: A triangular shaped parcel lying in the North- west '/4 of the Southwest '/4 of Sec tion 4, Township 36 South, Range 40 East, St. Lucie County, Florida, and being more particularly described as follows: COMMENCE at the Southwest corner of said Section 4; thence North 89°40'12" East, along the South line of said Section 4 a dis- tance of 45.0 feet to the intersec- tion of said South line of Section 4 and the East right-of-way line of South 25th Street; thence North 00°12'58" West, along said East right-of-way line and parallel with the West line of said Section 4, a distance of 1975.54 feet to the North line of the South 653.00 feet of the Northwest 'A of the South- west '/4, said point being the Point of Beginning; thence North 03015'08" East, a distance of 330.60 feet to the intersection of a line 65.00 feet East of said West line of Section 4 and North line of the South 340.00 feet of the North 'h of the Northwest'/4 of the South- west /4, thence South 009 2'58" East, parallel with said West line of Section 4, a distance of 330.00 feet to the said North line of the South 653.00 feet of the Northwest 1/4 of the Southwest'/4; thence Soutf 89°47'36", West along said North line a distance of 20.00 feet to the Point of Beginning. (Tax I.D. No. 3404-312-0001.000/4). (Location: East side of South 25th Street, approximately 500 feet South of Midway Road) 3. PAUL 1. DRISCOLL, for a Change in Zoning from the IX (In- dustrial, Extraction) Zoning District to the AG-2.5 (Agricultural 1 du/ 2.5 acres) Zoning District for the following described property: Section 8, Township 35 South, Range 39 East, Northwest 'A of the Northwest '/4 of the Southwest ''A - less road and canal (8.84 cc) (OR 886-1106) (Tax I.D. No. 2308-322-0010-000/3). (Location: Southeast corner of the intersection of Orange Avenue and Pulitzer Road) 4. WAYNE SKINNER, for a Change in Zoning from the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District to the CN (Com- mercial, Neighborhood) Zoning District for the following described property: Hattie Chamberlin Subdivision, Section 28, Township 35 South, Range 39 East, Tracts 1 and 2, less the South 883.44 feet (6.80 cc) (OR 988-2686) (Tax I.D. No. 2328-501-0001-000/8). (Location: Southeast corner of the intersection of Okeechobee Road and Eleven Mile Road) 5. W.D. WHITE, for a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) and CN (Commercial, General) Zoning Districts to the CG (Commercial, Neighborhood) Zoning District for the following described property: Section 14, Township 34 South, Range 39 East, West 330 feet of the NE '/4 of the SE 'h, less the North 20 feet for road right-of- way. (9.90 cc) (OR 1046.2328) ( T a x I. D. N o 1314-412-0000-000/2). (Location: 7701 Indrio Road) PUBLIC HEARINGS will be held in the County Commission Chpm- bers, 3rd floor of the Roger Poitras Administration Annex Building, 2300 Virginia Avenue; Fort Pierce, Florida on June 15, 1999, begin- ning at 7:00 P.M. or as soon there- after as possible. PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any deri- sion made by a board, agency, or commission with respect to any matter considered at a meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the pro- ceedings is made, which record includes the testimony and evi- dence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ PAULA A. LEWIS, CHAIRMAN Pub.: June 3, 1999 En n No. 0269 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA KMIE 15, 1999 TO WHOM IT MAY CONCERN: NOTICE is hereby given in accordance with Section 11.00.03 of the St. Lucie County Land Development Code and in accordance with the provisions of the St. Lucie County Comprehensive Plan, that the following applicants have requested that the St. Lucie County Board of County Commissioners consider their request as follows: 1. BROADMOOR ALZHEIMER S AND MEMORY IMPAIRMENT CENTER, for a Change In Zoning from the RM-11 (Residential, Multiple -Family - 11 du/acre) Zoning District to the I r jj (Institutional) Zoning District for the following described r2� property: Dbdetand Subdivision - an unrecorded plat - Section 27, Township 35 South, Range 40 East, Block 8 The Wed 20 feet of Lot 13 and all of Lot 14 (OR 323-1355) (Tax I.D. No. 2427-801-01154)00(5). (I.ocallon: 200 Dbdeland Drive) 2. DONALD AND LOUISE DORAN, for a Change in Zoning from the RS-2 (Residential, Single -Family - 2 du/acre) Zoning District to the CN (Commercial, Neighborhood) Zoning District for the following described property: The Wed 576 feet of the following described parcel: Part of the Northwest 114 of the Southwest 114 of section 4, Towndhip 36 South, Range 40 Ead, St. Lucie County. Florlda. being more particularly described as: The North 340 feet of the South 983 feet of the Nadh wed 1/4 of the Soutmed 1/4 of Bald Section 4, and land abutting sane on Ead to River, containing 10 aces more or Im EXCEPTING HOWEVER the South 10 feet thereof. LESS AND EXCEPT' A htangular doped parcel OV in the Northwest 1/4 of the Soulhwed 1/4 of Section 4, Tamu hip 36 South, Range 40 East, St. Luce County, Florida, and being more particularly bounded and described as follows: COMMENCE at the Sotlhwred comer of Bald Section 4; thence North 89.40'12- East, along the south Ilse of sold Section 4 a distance of 45.0 feet to the IMewdlon of sald south line of Section 4 and the East flghtof-way Ilne of South 251h Sheet; thence North 00' 12'58- Wed. along sold East rightof-way line and parallel with the Wed tine of said Section 4, a distance of 1975.64 feet to the North tine of the South 653.00 feet of the Northwest 1/4 of the Southwest 1/4, said poled being Lie Point of Begh*g; thence North 03.15'08- East, a distance of 330.60 feet to the IMersecton of a nine 65.00 feet Ead of sold wed tine of Section 4 and North tine of the South 340.00 feet of the North 'A of the Northwest 1/4 of the Southwest 114; thence South 0(.1258- East. parallel with said Wed tine of Section 4. a distance of 330.00 feet to the said North tine of the South 653.00 feet of the Northwest 1/4 of the Southwest 1/4: theme South 89° 47'36 west long sold north nine a distance of 20.00 feet to the Point of Beginning. (fax I.D. No. 3404-312-Ml -000/4). (locafbn: East side of South 25th Sheet, approximately 500 feet South of Midway Road) 3. PAUL J. DRISCOLL, for a Change In Zoning from the D( (Industrial, Extraction) Zoning District to the AG-2.5 (Agricutturd 1 du/2.5 acres) Zoning District for the following described property: Section 8, Township 35 South, Range 39 East, Northwest 1/4 of the Northwest 1/4 of the Southwest I/.4 - less road and canal (8.84 ac) (OR 886-1106) (Tax I.D. No. 2308-322-0010-000/3). (Location: Southeast comer of the Interseotion of Orange Avenue and Pulitzer Road) 4. WAYNE SINNER, for a Change In Zoning from the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District to the CN (Commercial, Neighborhood) Zoning District for the following described property: Hattie Chhanbeft Subdivision, Section 28, Township 35 South, Range 39 East, Tracts 1 and $ less the South 893.44 feet (6.80 ac) (OR 988-2666) (Tax I.D. No. 2328-Ml-O 01. M8). (Location: Southeast caner of the Intersection of Okeechobee Road and Eleven Mile Road) 5. W. D. WHITE, for a Change In Zoning from the AG-1 (Agricultural - 1 du/acre) and CN (Commercial, Neighbo(hood) Zoning Districts to the CG (Commercial, General) Zoning District for the following described property: Section 14, Towndhip 34 South, Range 39 Ead, Wed 330 feet of the NE 1/4 of the SE 1/4, less the North 20 feet far road dght-of-way. (9.90 arc) (OR 1046-2328) (Fax I.D. No. 1314-412-0000-000/2). X (Locallon: 7701 Indrio Road & �I PUBLIC HEARINGS will be held In the County commission b Chambers, 3rd floor of the Roger Potiras Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida on June I S. 1999, beginning at 7:00 P.M. or as soon thereafter as possible. PURSUANT TO Section 286.0105, Florida Statutes, If a person decides to appeal any decision made by a board, agency, or commission with respect to any matter considered at a ? meeting or hearing, he wig need a record of the pros s, and that, for such purpose, he may need to ensure verbatim record of the proceedings Is made, which reogt4! Includes the testimony and evidence upon which the meal Is to be based. Publish: June 3, 1999 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ PAULA A. LEWIS, CHAIRMAN *r/ PLANNING AND ZONING COMMISSION REVIEW: 05/20/99 File Number RZ-99-009 DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Planning and Zoning Commission FROM: Planning Manager DATE: May 5, 1999 SUBJECT: Petition of Wayne Skinner, for a Change in Zoning from the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District to the CN (Commercial, Neighborhood) Zoning District. LOCATION: Southeast corner of 11-Mile Road and Okeechobee Road (Tax ID #2328-501-0001-000/8) EXISTING ZONING: AG - 2.5 (Agricultural - 1 du/ 2.5 acres) PROPOSED ZONING: CN (Commercial, Neighborhood) FUTURE LAND USE: AG - 2.5 (Agricultural 1 du/2.5 acres) PARCEL SIZE: 6.80 acres PROPOSED USE: Convenience Store; feed store with accessory agricultural uses such as seed, hay; and retail western wear shop. PERMITTED USES: Section 3.01.03(Q), CN (Commercial, Neighborhood) Zoning District identifies the designated uses which are permitted by right, permitted as an accessory use, or permitted through the conditional use process in the "CN" Commercial Neighborhood Zoning District. Any use designated as a "Conditional Use"is required to undergo further review and approvals before that use may be commenced on the property. Any use not identified in the zoning district regulations are considered to be prohibited uses in that district(see Attachment "A" ). SURROUNDING ZONING: AG-2.5 (Agricultural - 1 du/2.5 acres) is located to the north, south, west, and east. cm In May 10, 1999 Page 2 Petition: Wayne Skinner Rezoning File RZ-99-009 SURROUNDING LAND USES: The general existing use surrounding the property is vacant. The Future Land Use Classification of the immediate surrounding area is AG-2.5 which permits a density of 1 unit for every 2 1/2 acres. FIRE/EMS PROTECTION: Station #11 (3501 Shinn Road), is located approximately 3.5 miles to the west. UTILITY SERVICE: The subject property is outside of the designated planned urban service area. Public utilities are not available. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way for 11 Mile Road is 45 feet and Okeechobee Road is 200 feet. SCHEDULED IMPROVEMENTS: None. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning_ , the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed change in zoning is not consistent with the St. Lucie County Land Development Code. Section 3.01.03(Q)(1) of the St. Lucie County Land Development Code identifies that the purpose of the CN zoning district as follows: "The purpose- of this district is to provide and protect an environment suitable for limited retail trade and service activities covering a relatively small area and that is intended to serve the population living in surrounding neighborhoods." The uses being proposed are not necessarily supported by a small community population. The intent appears to be to service a larger population with a specific destination location service. This will result in an increase in traffic in the area surrounding the subject property. err M May 10, 1999 Page 3 Petition: Wayne Skinner Rezoning File RZ-99-009 Based upon the uses permitted by right, permitted through a conditional use approval and allowed as an accessory use, the CN Zoning District would not be compatible with the surrounding community. The rezoning of the subject property from AG-2.5 to CN would result in a negative impact on the surrounding area. The existing development trends surrounding the subject property contribute to a primarily agricultural area with interspersed single-family residences. The applicant has stated that the purpose for this requested change in zoning is to develop the subject property with the following uses: a convenience store, retail facility specializing in feed, seed, hay and retail western wear. The existing AG-2.5 (Agricultural 1 du/2.5 acres) Zoning District allows the following uses through the Conditional Use process: Retail trade - Farm equipment and related accessories and Apparel & accessory stores.. In addition, the AG-2.5 (Agricultural 1 du/2.5 acres) Zoning District allows for "Retail trade and wholesale trade - subordinate to the primary authorized use or activity" as an accessory use. Based upon this, the applicant would be permitted through the conditional use process to develop the property with all the requested uses except for a convenience store. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed change in zoning is not consistent with the following objectives and policies of the Future Land Use Element of the St. Lucie County Comprehensive Plan. Objective 1.1.2 "Provide in the land development regulations provisions for a compatible and coordinated land use patterns which establishes agricultural as the primary use outside the urban service boundary and promote retention of agricultural activities, preserve natural resources and maintain native vegetative habitats. " The subject property currently is located outside of the designated urban service boundary. The Future Land Use Map designates the property to the north, south, east and west with an AG-2.5 land use designation. In addition, the official Zoning Map for St. Lucie County designates the surrounding properties with an AG-2.5 (Agricultural 1 du/2.5 acres) Zoning Classification. The introduction of a commercial use into this area would be incompatible with the existing growth trends for this area as the agricultural nature of the surrounding properties would be impacted by the introduction of a commercial use. Policy 1.1.2.3: "Provide the means to manage growth within the agricultural land use categories through the orderly delivery of services concurrent with the impacts of the development. It is anticipated that over time portions of the agricultural land use categories will be converted to urban uses as services are provided. However, the physical extension of County provided central sewer and water shall only occur within areas which are in or have been converted to urban uses. En N"000 May 10, 1999 Page 4 Petition: Wayne Skinner Rezoning File RZ-99-009 The subject property is outside of the urban service boundary. In addition, the appropriate infrastructure(sewer and water) has not been extended as far west as the subject property. The existing use of the properties located within the general area is large lot single-family residential with accessory agricultural uses as well as strictly agricultural use. The necessary infrastructure and service population needed to support the increased intensity uses allowed within the CN Zoning District is not available for the area,, _ - Policy 1.1.2.4: "The County shall include in its land development regulations a site assessment process to evaluate the potential conversion of existing or designated agricultural land uses to non-agricultural land uses in a rational and orderly manner. Such provision shall require as a condition to such conversion that the Board of County Commissioners affirmatively find that the proposed non-agricultural use: a. Is compatible with adjacent land uses; b. maintains the viability of continued agricultural uses on adjacent lands; C. contains soils suitable for urban use as defined by the St. Lucie County soil survey, d. is suitable with existing site -specific land characteristics; e. is consistent with comprehensive development plans; f. will have available the necessary infrastructure concurrent with the anticipated demands for development; and, g. will avoid the extension of the urban service boundary to create any enclaves, pockets, or finger areas in serpentine patterns. " The proposed rezoning petition is not compatible with the adjacent land uses.. The adjacent properties on all four sides of the subject property are designated with an AG-2.5 (Agricultural 1 du/2.5 acres) Zoning District. The introduction of a commercial node into the existing development patterns would not ensure the viability of the agricultural uses on adjacent lands. Further, no urban services, such as sewer and water, are provided to the subject area. Objective 1.1.5 "In coordination with the other elements of this plan, future development within the Planned Urban Service Area shall be directed to areas where urban and community services/facilities can be provided in the most efficient and compact manner so as to discourage the proliferation of urban sprawl." The subject property lies west of the established Urban Service Area. Public facility infrastructure has not been extended this far west, therefore, the designation of the subject property would not meet the intent of the established Objective. M `.00 May 10, 1999 Page 5 Petition: Wayne Skinner Rezoning File RZ-99-009 Policy 1.1.8.4 "Limited development of commercial/nonresidential uses will be allowed within areas classified for residential uses, provided that these activities are compatible with the adjacent land uses and meet the following standards: 1. The intent of the commercial use is to provide easily accessible, convenience -type uses to immediate surrounding residents; 2. The property for which the commercial designation is sought is located on an Arterial or Major Collector; 3. Conversion of the petitioned property would not promote any strip commercial uses of land; 4. The use is compatible with surrounding land uses and is provided with adequate screening and buffering of any adjacent residential property; 5. The site does not have direct driveway access onto any local or Minor Collector street; and, 6. The property for which the commercial designation is sought does not exceed 10 acres. 7. Within any area designated as PREFERRED RESIDENTIAL (PFR), (Figure 1-11), the following restrictions shall apply to the establishment of any congregate living, group care, or foster care home as defined in the St. Lucie County Land Development Regulations; No Congregate Care, Group Care or Foster Care Facility shall be authorized that would permit more than six unrelated individuals to be housed in that facility. An request for a change in zoning or land use to an Industrial, Commercial, Institutional or other non- residential land use designation for property located within any area designated as PREFERRED RESIDENTIAL (PER), must be accompanied by an amendment to the Comprehensive Plan to remove the petitioned property. Such application for amendment is to be processed in accordance with the provisions of Section 163.3187, Florida Statutes." The applicant is proposing uses which are not characterized as "convenience" in nature: a feed store, western wear retail, agricultural sales. This type use is ordinarily classified as being a destination origin. A vehicular trip from the point of origin (residential home) to a specific destination (feed store) is known as a destination origin. The subject property is located adjacent to Okeechobee Road which is classified as a Major Arterial facility. In addition, 11-Mile Road is classified as a local road. The subject property based upon location could only be developed with access to Okeechobee Road. Based upon this analysis, the rezoning request would be incompatible with this policy of the Comprehensive Plan. En M May 10, 1999 Page 6 Petition: Wayne Skinner Rezoning File RZ-99-009 Policy 1.1.12.1 Restrict higher densities and intensities of development to urban service areas, where public facilities are available. The subject property is located outside of the urban service area and does not contain appropriate public service (water and sewer) to meet the increased demand of the subject area. Commercial uses are more intense than the existing agricultural and„ presidential uses presently permitted on this site. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed zoning is not consistent with existing and proposed land uses in the area. The general use of the immediate surrounding area of the subject property is residential and agricultural in character. The general use of the immediate surrounding area of the subject property is as follows: Surrounding Use Land Use Zoning North Grove AG - 2.5 AG - 2.5 South Single-family Residential AG - 2.5 AG - 2.5 East Single-family Residential AG - 2.5 AG - 2.5 West I Vacant Land AG - 2.5 1AG - 2.5 4. Whether there have been changed conditions that require an amendment; Conditions in the area have not changed so as to require an amendment. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The intended use for this rezoning is expected to create significant additional demands on any public facilities in this area. The increased intensity of the proposed uses as a result of the rezoning petition is expected to increase the traffic upon the roadways. In addition, the service area for water and sewer has not been extended into the subject area. Infrastructure for water and sewer would be required to be installed by the applicant in order to support his proposed intensity increase. Prior to the approval of any proposed development, the applicant will need to provide documentation verifying that sufficient facilities are in place to support the development. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. The surrounding properties are utilized primarily for agricultural and single 2M In May 10, 1999 Petition: Wayne Skinner Rezoning File RZ-99-009 Page 7 family residences. The applicant will be required to comply with all federal, state, and local environmental regulations. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; An orderly and logical development pattern would not occur with this change in zoning. The surrounding parcels of property are designated for agricultural and residential use. The proposed change in zoning to CN (Commercial, Neighborhood) would result in a negative impact with regards to the development patterns in the general area. The increase in intensity would cause an increase in trip generation which results in higher traffic on the roadway system. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment would be in conflict with the public interest and is not in harmony with the purpose and intent of the St. Lucie County Land Development Code. The Land Development Code and the Comprehensive Plan generally direct growth to occur in a positive manner which places consideration on compatibility and consistency in land development patterns. The proposed zoning does not consider the compatibility of the surrounding properties. It will have a negative impact on the surrounding agricultural and residential properties. The petitioner, Wayne Skinner, has requested this change in zoning from the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District to the CN (Commercial, Neighborhood) Zoning District in order to develop a convenience store, retail store specializing in feed, seed, agricultural accessories and retail western wear on the subject property. The subject property is in an area of agricultural and residential uses. Staff has reviewed this petition and determined that it does not conform with the standards of review as set forth in the St. Lucie County Land Development Code and is 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 denial. Please contact this office if you have any questions on this matter. Attachment cs cc: Wayne Skinner File Q. CN COMMERCIAL NEIGHBORHOOD 2. 3. Section 3.01.03 Zoning District Use Regulations Purpose The purpose of this district is to provide and protect an environment suitable for limited retail trade and service activities covering a relatively small area and that is intended to serve the population living in surrounding neighborhoods. The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies.to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. Permitted Uses a. Accounting, auditing and bookkeeping services. (e72) b. Beauty and barber services. a2w2o C. Depository Institutions (so) d. Engineering, accounting, research, management &related services (an e. Health services (except nursing homes (ens) and hospitals tens).) (eo) f. Insurance carriers, agents, brokers and services (s3,64) g. Laundering and drycleaning (self-service). (7215) h. Membership organizations (e6) i. Non -depository institutions (61) j. Real estate (6s) k. Repair services: (1) Electrical repair. (ee) (2) Shoe repairs v2s> (3) Watch, clock, jewelry, and musical instrument repair. pe3,) I. Retail trade: (1) Apparel and accessories. tso (2) Auto parts and related specialty installation services (s531) (3) Books and stationery. (5942W43) (4) Cameras and photographic supplies. (5946) (5) Drugs and proprietary. (5912) (6) Eating places (5e12) - (7) Florists. om) (8) Food stores (s4) (9) Gifts, novelties, and souvenirs. (5947) (10) Hobby, toy and game shops (594s) (11) Household appliances (sn) (12) Jewelry. (5944) (13) Newspapers and magazines. (s994) (14) Optical goods. (sm) (15) Nurseries, lawn and garden supplies. (526) (16) Radios,TV's, consumer electronics and music supplies (573) (17) Sporting goods and bicycles. (ss41) (18) Tobacco products. (sm) (19) Used merchandise stores (s932) M. Travel agencies (4724) n. Video tape rental aso Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. Adopted August 1, 1990 114 Revised Through04/15/99 M in Section 3.01.03 Zoning District Use Regulations 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking and Loading Requirements Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses a. Day care - adult (e322) - child ms1) b. Postal services. (4311) C. Telecommunication towers - subject to the standards of Section 7.10.23 (999) 8. Accessory Uses Accessory uses are subject to'the requirements of Section 8.00.00 and include the following: a. Drinking places (undistilled alcoholic beverages) accessory to an eating place. (999) b. One dwelling unit contained within the commercial building, for on -site security purposes. (999) C. Retail trade: (1) Gasoline services - accessory to retail food stores under SIC-5411. (999) (2) Undistilled alcoholic beverages accessory to retail sale of food. (5921-Except for liquor) Adopted August 1, 1990 115 Revised Through04/15/99 cm in oo,,`ti'It is Cie' et et C, eY eY Cn � ON -I-, C\ i N F+ • •r O" O� O� ` ON O\ ON a O\OO� O� , ; E O 3tN i�.d'€V' <t et cnlm€cry cnM 3 M M (M (M I M M lMiM + t� 7 w ,w w�wFw w w w,w'w.ww,w �1jlu U'U€U U UIU'UIU;uju O x,xx�x x x€xlxlx x�x a V OOOOOO�OOOOIO;O I w w:w�w w w w w w w;wippx s ` -ul E�3 Q� luix >;z!z - , �w � z z!Uimq � w¢=w.w ow w=w;r-1 I j E>;>,>I>= M w �] WW �D w( glC-4 ,W;W araa w a�a� a H €0�OwwwO�ww�0:0 O�cn 0140 01—lov M o (0;PQ m o O vi vi, M j p. N �o r,{ o ca i z era ;z 42 { ��€ 0 O --€ Z € 4) d V) w`� W U;�`W:r,[ 1 w c a U� �n01a ra Q a', ,W wc4�Q p €W d :D q O o� € Z11w ra xEE-• c7.��..,. 00 . _ I- O p ? Rn o\ �,� —ate — —1- 4« O €lo o odo o: o, C-4 �,v � o o p w o o=o°o 0 0+0100 0,0 0 o oi0}O O O€O(O O 010I0 y a q €O O€O.O O O�Oj0�0 O O O ty 19 O.O O O O O!O O 9,91O G s( i �: F�1 E N%MiM M Vl Vltvl Vl V1; Vl�. VI �p iG 00 00100 , 00 00. 00 00 00 00 00 } oo 00 y C%N N{N N N (V NON N NEN.fV �1 d1m Mt M M M'MIM M`M cn,m.M E iN N;N N CA N1CV N N N'c4 ,ITEM NO. 4G June 10,1999 Dear County Commissioner, �DJUN 1 U 1999 Please consider this petition in opposition to the changing of zoning from AG2.5 to CN for the property on the corner of Okeechobee Rd and Eleven Mile Rd. Thank you for your consideration in this matter. Sin ely, san Munyan ec" Vol {t of %/11` S�i2t�0Y A:�orne� L- -rtm t, l�l Devel opmelit v In I oppose the changing of attached property from AG-2.5 to the CN zoning. This change in zoning is not condusive to the surrounding Agriculture and Residential properties. Commercial property close to this location has not proved successful. The location is not a major intersection and would not be able to support a commercial business. This is spot zoning and would only contibute to urban sprawl. The people listed below recommend denial of a zoning change. Mm , _ L Ll` 1 �fLi�1./fi7. 1 ��?,,FAMWM ® J - M� MOMANWAN NOW/, 3�5 i S� m ��� it � / ■'� � , �� 1, _" v. a .a.���/ /a✓ ' � ICI / ��,Mill i ill 11"W ITEM NO. 4H DATE: 06/15/99 CONSENT [ ] REGULAR [ ] PUBLIC HEARING [ X ] Leg.[ ] Quasi-Jud. [X] TO: BOARD OF COUNTY COMMISSIONERS PRESS T D Y: -44 w SUBMITTED BY: Community Develot�mPnt Co unity Development Director SUBJECT: Request for Change in Future Land Use Classification of Property located at 7701 Indrio Road from the RS (Residential Suburban) to COM (Commercial) - Draft Ordinance 99-017 RArxGROUND Petition of W.D. White for a Change in Future Land Use from RS (Residential Suburban) to COM (Commercial). The stated purpose of the rezoning is to allow the property to be used to its highest and best use. (File No.: PA-99-001/RZ-99-006) FUNDS AVAIL BA_1F,_ N/A PREVIOU ACTION: The Planning and Zoning Commission, by a vote of 4 to 3 with 2 members absent (Mr. McCurdy and Mr. Lounds), recommended denial of the change in future land use classification at its May 20, 1999, meeting. vEcOMMRNDATTON•- Deny Draft Ordinance 99-017 changing the future land use classification from RS (Residential Suburban) to COM (Commercial) for property located at 7701 Indrio-Road-. C(�MMTSSTON A�'TION:_ [ APPROVED [ ] DENIED 7MDol OTHER: . Anderson County Administrator Review and Approvals County attorney: Management & Budget: Purchasing: Originating Department: Other: Other: Finance: (Check for Copy only, if applicable) *%Oe *-O� COUNTY COMMISSION REVIEW: June 15, 1999 Ordinance 99-017 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: June 7, 1999 Subject: Petition of W.D. White, for a Change in Future Land Use classification from RS (Residential Suburban) to COM (Commercial). (File No.: PA-99-001/RZ-99-006) The proposed change in the future land use classification of property located at 7701 Indrio Road from RS (Residential Suburban) to COM (Commercial) is to allow for the property to be developed to its highest and best use. At the May 20, 1999, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 4 to 3 with two members absent (Mr. Lounds and Mr. McCurdy), recommended denial of this petition. The stated purpose of the requested change in future land use is to allow the property to be used to its best use. The current future land use designation allows for single-family homes at 2 dwellings per gross acre, commercial agricultural uses, limited commercial uses, and institutional uses. Approval of this petition is required to allow the applicant to seek a change in zoning for the subject property from AG-1 (Agricultural - 1 du/acre) and CN (Commercial, Neighborhood) to CG (Commercial, General). In order for the County to evaluate, recommend and approve an amendment to the Future Land Use Map, the applicant must demonstrate the need for the amendment. The applicant in this case has made no such demonstration. CONSISTENCY WITH THE ST. LUCIE COUNTY COMPREHENSIVE PLAN In reviewing this application for a proposed amendment to the St. Lucie County Future Land Use Map, staff finds that the following Goals, Objectives, and Policies of the County Comprehensive Plan are the primary components applicable to this petition. The following is an element -by -element evaluation of the proposed amendment: FUTURE LAND USE ELEMENT The proposed amendment has been determined to conflict with this element. The future land use classifications surrounding the subject property are: RS (Residential Suburban) to the M in June 9, 1999 Page 2 Subject: W.D. White File No.: PA-99-00l/RZ-99-006 south and west. T/U (Transportation/Utilities) to the immediate west. COM (Commercial) to the east and on the corners of the intersection of Indrio Road and Kings Highway. RU (Residential Urban) is located to the north across Indrio Road. PF (Public Facilities) is located to the northwest across Indrio Road. The existing future land use classification of RS allows for residential densities of up to 2 units per gross acre and for some limited commercial uses. Objective 1.1.8 Provides for the protection of the single family neighborhood as a defined residential area from the encroachment of commercial and/or other inappropriate land uses. The immediate area in which the subject property is located is generally residential in nature. Residences and Lakewood Park Elementary School are located to the north across Indrio Road. Allowing the parcel to be designated for intense commercial uses would be inappropriate because it would encourage the further extension of intense commercial uses in this area. Policy 1.1.8.7 Restrict commercial development to those traffic corridors where such development patterns now exist. The depth of these commercial areas should average 600 feet, with the exceptions to be found at points of arterial intersection. The subject property is located to the immediate west of property with a future land use classification of commercial and which is located at a point of arterial intersection. If the subject property were to be joined with this adjacent property, this request might meet this policy. However, since the subject property is a separate parcel it violates this provision. Future Land Use Policy 2.1.1.4: Facilities currently operating at conditions below those standards listed in Policy 2.1.2.8 shall be maintained at least at their current LOS through the development order conditions for roadway improvements within the radius of influence of a proposed development. Kings Highway north of Indrio Road currently operates at an existing and committed Level of Service (LOS) D. This LOS is below LOS C as required by Policy 2.1.2.8. The potential impacts of a 9.9 acre commercial development could not be accommodated and would cause significant damage to the existing transportation network in the area. M In June 9, 1999 Page 3 TRAFFIC CIRCULATION ELEMENT Subject: W.D. White File No.: PA-99-001/RZ-99-006 The proposed amendment has been determined not to conflict with this element. MASS TRANSIT ELEMENT The proposed amendment has been determined not to conflict with this element. PORT AND AVIATION ELEMENT The proposed amendment is outside of the land area discussed within this element and the proposed amendment is not expected to result in any direct impacts to these areas. HOUSING ELEMENT The proposed amendment has been determined not to conflict with this element. INFRASTRUCTURE ELEMENT Sanitary Sewer Sub -Element The proposed amendment has been determined not to conflict with this element. The subject property is within the Holiday Pines Utility Service area. Prior to any final development order approvals, the applicant would need to demonstrate that sufficient capacity is available to service the project. Solid Waste Sub -Element The proposed amendment has been determined not to conflict with this element. Drainage and Aquifer Recharge Sub -Element The proposed amendment has been determined not to conflict with this element. Potable Water Sub -Element The proposed amendment has been determined not to conflict with this element. The subject property is within the Holiday Pines Utility Service area. Prior to any final development order approvals, the applicant would need to demonstrate that sufficient capacity is available to service the project. Rn 0 June 9, 1999 Page 4 COASTAL MANAGEMENT ELEMENT Subject: W.D. White File No.: PA-99-001/RZ-99-006 The proposed amendment has been determined not to conflict with this element. CONSERVATION ELEMENT The proposed amendment has been determined not to conflict with this element. RECREATION AND OPEN SPACE The proposed amendment has been determined not to conflict with this element. INTERGOVERNMENTAL COORDINATION ELEMENT The proposed amendment has been determined not to conflict with this element. CAPITAL IMPROVEMENT ELEMENT The proposed amendment has been determined not to conflict with this element. Policy 11.1.4.3(B)(3) Section 5.01.01 of the St. Lucie County Land Development Code, adopted pursuant to Policy 11.1.4.3, requires that a Certificate of Capacity be obtained before the issuance any final development orders for development of this property. Any proposed amendment to the St. Lucie County Comprehensive Plan may be reviewed by several state and regional agencies. The Department of Community Affairs is charged with determining whether amendments are consistent with and further the St. Lucie County Comprehensive Plan, the State Comprehensive Plan, the Strategic Regional Policy Plan, Chapter 163 of the Florida Statutes, and Rule 9H-5, Florida Administrative Code. In regard to the state and strategic regional plan, staff has the following comments: CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN LAND USE - F.S. 187.201(16) - In recognition of the importance of preserving the natural resources and enhancing the quality of life of the state, development shall be directed to those areas which have in place, or have agreements to provide, the land and water resources, fiscal abilities, and service capacity to accommodate growth in an environmentally acceptable manner. M in June 9, 1999 Page 5 Subject: W.D. White File No.: PA-99-001/RZ-99-006 The proposed amendment to the future land use classification of the subject property might adversely affect the quality of life in the immediately surrounding area. The subject property is located in an area of residential uses and limited commercial activities. The construction of large scale, intense, commercial activities on the subject property would adversely affect the immediately surrounding area and the quality of life. CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN The proposed Future Land Use Amendment is not inconsistent with the Strategic Regional Policy Plan. CONCLUSION Based upon the information provided, staff has found that the proposed future land use change is not entirely consistent with the Goals, Objectives, and Policies as set forth in the St. Lucie County Comprehensive Plan. Staff also finds the proposed amendment to be partially inconsistent with the State Comprehensive Plan and Regional Policy Plan. Staff recommends the denial of this petition for a change in future land use classification from RS (Residential Suburban) to COM (Commercial) as set forth in Draft Ordinance 99-017. SUBMITTED: -�L- JUIOPewchuk, AICP Co unity Development Director hf cc: W.D. White File N✓ *00� 1 2 3 ORDINANCE 99-017 FII.E NO: PA-99-001/RZ-99-006 AN ORDINANCE CHANGING THE FUTURE LAND USE DESIGNATION OF THE ST. LUCIE COUNTY COMPREHENSIVE PLAN FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR FINDINGS OF CONSISTENCY; AUTHORIZING AMENDMENTS TO THE FUTURE LAND USE MAPS OF THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE; AND, PROVIDING FOR ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. W.D. White presented a petition for a change in Future Land Use Designation from RS (Residential Suburban) to COM (Commercial) 2. On May 20, 19991, the St. Lucie County Local Planning Agency held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and has recommended that this Board deny the hereinafter described request for a change in Future Land Use Designation from RS (Residential Suburban) to COM (Commercial) for the property described in Part A. 3. On June 15, 1999, this Board held a public hearing on the petition, after publishing notice at least 15 days prior to the hearing and notifying by mail the owners of property within 500 feet of the subject property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: .:► ►IN a 1i 46A Do W.191)►o 112 The future land use designation set forth in the St. Lucie County Comprehensive Plan for the property described as follows: File No.: PA-99-001/RZ-99-006 June 15, 1999 Ordinance 99-XXX Page 1 M 0 SECTION 14, TOWNSHIP 34 SOUTH, RANGE 39 EAST, WEST 330 FEET OF THE NE 1/4 OF THE SE 1/4, LESS THE NORTH 20 FEET FOR ROAD RIGHT-OF-WAY. (9.90 AC) (TAX I.D. NO. 1314412-0000-000/2) (Location: 7701 Indrio Road) owned by W. D. White, is hereby changed from RS (Residential Suburban) to COM (Commercial). ► 1 Wreal WKIRM This Board specifically determines that the approval of this change in the Future Land Use Element is internally consistent with the policies and objectives contained in the St. Lucie County Comprehensive Plan, specifically Policies 11.1.3.6 and 11.1.3.7 of the Capital Improvements Element, which identify this approval as a Preliminary Development Order and provide for the recognition that impacts of this approval on the public facilities of St. Lucie County will not occur until such time as a Final Development Order is issued. ..► . : .91 u.' The St. Lucie County Community Development Director is hereby authorized and directed to cause these changes to be made in the Future Land Use maps of the Future Land Use Element of the St. Lucie County Comprehensive Plan and to make notation of reference to the date of adoption of this Ordinance. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances, and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this Ordinance to the extent of such conflict. M IQY11.1 If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this Ordinance. If this Ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property, or circumstances. File No.: PA-99-001/RZ-99-006 June 15,1999 Ordinance 99-XXX Page 2 W W a 1W.1 1.110 0 WA on aM R 11 IMU"M This ordinance shall be applicable as stated in Paragraph A. The Clerk be and hereby is directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. The Community Development Director shall send a certified copy of this Ordinance to the Department of Community Affairs, 2740 Centerview Drive, Tallahassee, Florida, 32399. L EFFECTIVE DATE This Ordinance shall take effect upon the issuance by the State Land Planning Agency of a Notice of Intent to find the adopted amendment in compliance in accordance with Section 163.3184(9), Florida Statutes, or until the Administration Commission issues a final order finding the adopted amendment in compliance in accordance with Section 163.3184(10). ���Zl] y Y Mei After motion and second, the vote on this resolution was as follows: Chairman Paula A. Lewis XXX Vice -Chairman John D. Bruhn XXX Commissioner Frannie Hutchinson XXX Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX File No.: PA-99-001/RZ-99-006 June 15, 1999 Ordinance 99-XXX Page 3 M PASSED AND DULY ADOPTED this 15th day of June 1999. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney hf H:\WP\RESOLUTI.N\FINISHED.99\WDWhite.PA\WDWhiteORD.wpd File No.: PA-99-001/RZ-99-006 Ordinance 99-XXX June 15, 1999 Page 4 +40.•— z n �n W c ^' T ach VJ O o r u j O t t0 G < b ,• N ~ rl �NS{,N V s ° 1Od�°� o w 31 Q Uto o O 0 P N Y �5 1£ tN st '7Y""YYV Yi3 ' r• ` - W o P t9f.►W W p 6 c f t 0 O G f e Ir Wr ac 9 E o waYr LS Y' J� NVNY}W PA . g jppT___ t w L Y-am j V f N � r N 4 jr f flr a �E W s W T q Vw1 on oY rep 'r G P of °roY Yr3�n crow N1YIS13ove 0 U - Z °raY rr«s 0 avow roYt OroY lrNr7 Y30r3N cc i Oki • VN IV30 W W U M NOOMr3 ' M orotl 033N5 °roY a: ^O Q rl•3 'mn3 Z L.J. rr W W M g o: 6 S Y£ 1 S S£ 1 S 9£ 1 AiNno0 3380HO33�40 Zoning PA 99-001 W.D. White Community Development Geographic Information Systems • ' Map revised Apri119,1999 t WIW. -y «IM Ira c.r, ­do W Vi VW. ft .9 --9 and —.W j� T tnfom w- PnaEI . 4 Is not,armed br u r a roa./ bhcWq doc~. 1 �J Land Use PA 99-001 W.D. White Community Development Geographic Information Systems • Map revised April19,1999 mr may his b r canww Wgwwalp mN w W— p.po.w a+r. t vmr a«y ~ naa way m.es a rWda ar mM W." w .m.r. T T M —Mion pomb*, a M M NIrW W W u n a MOM' bh.*q h. 1 cm DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Board of County Commissioners 0,0 FROM COP unity Development Director DATE: June 9, 1999 SUBJECT Petition of W. D. White, for a Change in Future Land Use classification from RS (Residential Suburban) to COM (Commercial) Prior to your scheduled meeting of June 15, 1999, the minutes from the Local Planning Agency will be provided under separate cover. During transcription of these minutes the machine became inoperable. AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, JUNE 1 S, 1999 7: 00 P.M. Petition of W. D. White, for an amendment to the St. Lucie County Comprehensive Plan for a Change in Future Land Use Classification from RS (Residential Suburban) to COM (Commercial) for the following described property: (Location: 7701 Indrio Road) THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQVEST If it becomes necessary, these public hearings may be continued from time to time. Please note that all proceedings before 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, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners on June 3, 1999. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on June 3, 1999. FILE NO. PA-99-001 0 Lon NOTICE OF CHANGE IN LAND USE The St. Lucie County Board of County Commissioners proposes to change the Future Land Use Classification of the land indicated on the map in this advertisement. A second public hearing on the proposal will be held before the St. Lucie County Board of County Commissioners on Tuesday, June 15, 1999, at 7:00 P.M., in the County Commission Chambers, 3rd floor of the Roger Poitras Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. The purpose of this meeting is to consider the adoption of an amendment to the St. Lucie County Comprehensive Plan to Change the Future Land Use Classification from RS (Residential Suburban) to COM (Commercial), and to consider transmitting the amendment to the Florida Department of Community Affairs in accordance with the requirements of Chapter 163.3184, Florida Statutes. Copies of the proposed amendment to the St. Lucie County Comprehensive Plan are available for review in the office of the Community Development Director, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida, 34982, during normal business hours. All proceedings before the Board of County Commissioners are electronically recorded. If a person decides to appeal any decision made with respect to any matter considered at the hearing, he will need a record of the proceedings and that 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. At the request of any party to the proceedings, individuals testifying during the hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross examine any individual testifying during the hearing upon request. ;e 01 MWIM 4KMIr ST. LUCIE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS /S/-PAULAA. LEWIS, CHAIRMAN W. D. White PA-99-001 Location: 7701 lndrio Road Publish Date: June 3, 1999 u NOTICE OF CHANGE IN LAND USE The St. Lucie County Board of County Commissioners proposes to change the Future Land Use Classification of the land indicated on the map in this advertisement. A second public hearing on the proposal will be held before the St. Lucie County Board of County Commissioners on Tuesday, June 15, 1999, at 7:00 P.M., in the County Commission Chambers, 3rd floor of the Roger Poitras Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. The purpose of this meeting is to consider the adoption of an amendment to the St. Lucie County Comprehensive Plan to Change the Future Land Use Classification from RS (Residential Suburban) to COM (Commercial),.and to consider transmitting the amendment to the Florida Department of Community Affairs in accordance with the requirements of Chapter 163.3184, Florida Statutes. Copies of the proposed amendment to the St. Lucie County Comprehensive Plan are available for review in the office of the Community Development Director, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida, 34982 during normal business hours. All proceedings before the Board of County Commissioners are electron- ically recorded..lf a person decides to appeal any decision made with respect to any matter considered at the hearing, he will need a record of the proceedings and that 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. At the request of any party to the proceedings, individuals testifying during the hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross examine any individual testifying during the.hearing upon request. ST. LUCIE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS /S/ PAULA A. LEWIS, CHAIRMAN W.D. White PA-99-001 Location: 7701 Indrio Road Publish Date: June 3, 1999 LOCAL PLANNING AGENCY REVIEW: 05/20/99 File Number: PA-99-001 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Local Planning Agency FROM: Planning Manager DATE: May 14, 1999 SUBJECT: Application of W.D. White, for a Change in Future Land Use Designation from RS (Residential Suburban) to COM (Commercial) LOCATION: 7701 Indrio Road. South side of Indrio Road, approximately 1,200 feet west of Kings Highway CURRENT FUTURE LAND USE DESIGNATION: RS (Residential Suburban) PROPOSED FUTURE LAND USE DESIGNATION: COM (Commercial) EXISTING ZONING: AG-1 (Agricultural - 1 du/acre) and CN (Commercial, Neighborhood) PARCEL SIZE: 9.9 acres PROPOSED USE: To use the property to its best use SURROUNDING ZONING DESIGNATION: To the south, east, and west the zoning is AG-1 (Agricultural - 1 du/acre). To the immediate west is U (Utilities) zoning. Further east. is CG (Commercial, General) and CN (Commercial Neighborhood) zoning. To the north across Indrio Road the zoning is RS-4 (Residential, Single -Family - 4 du/acre). To the northwest across Indrio Road is I (Institutional) zoning. The northwest corner of the intersection of Indrio and Kings Highway is CN zoning and CG zoning is located on the east side of Kings Highway. M mi May 14, 1999 Petition: W.D. White Page 2 _ File Number: PA-99-001 SURROUNDING LAND USE DESIGNATIONS: RS (Residential Suburban) to the south and west. T/U (Transportation/Utilities) to the immediate -west. COM (Commercial) to the east and on the corners of the intersection of Indrio Road and Kings Highway. RU (Residential Urban) is located to the north across Indrio Road. PF (Public Facilities) is located to the northwest across Indrio Road. SURROUNDING EXISTING LAND USES: Single-family residences are located to the immediate north of the subject property across Indrio Road. Lakewood Park Elementary School is located to the northwest across Indrio Road. To the east are two convenience stores and a proposed self -storage facility. Indrio Crossings Shopping Center is located on the northeast corner of the intersection of Kings Highway and Indrio Road. Eckerd Drug is located on the southeast corner of the same intersection. UTILITY SERVICE: The subject property is within the Holiday Pines service area. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The road right-of-way for Indrio varies in width. Indrio Road along the subject property is 100 feet in width. SCHEDULED IMPROVEMENTS: None at this time. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. This application is for a change in the future land use designation of a 9.9 acre parcel from RS (Residential Suburban) to COM (Commercial). The subject property is located at 7701 Indrio Road, on the south side of Indrio Road, approximately 1,200 feet west of Kings Highway. En M May 14, 1999 Page 3 Petition: W.D. White File Number: PA-99-001 The stated purpose of the requested change in future land use is to use the property to its best use. The current future land use designation allows for single-family homes at 2 dwellings per gross acre, commercial agricultural uses, limited commercial uses, and institutional uses. Approval of this petition is required to allow the applicant to seek a change in zoning for the subject property from AG-1 (Agricultural - 1 du/acre) and CN (Commercial, Neighborhood) to CG (Commercial, General). In order for the County to evaluate, recommend and approve an amendment to the Future Land Use Map, the applicant must demonstrate the need for the amendment. The applicant in this case has made no such demonstration. CONSISTENCY WITH THE ST. LUCIE COUNTY COMPREHENSIVE PLAN In reviewing this application for a proposed amendment to the St. Lucie County Future Land Use Map, staff finds that the following Goals, Objectives, and Policies of the County Comprehensive Plan are the primary components applicable to this petition. The following is an element -by -element evaluation of the proposed amendment: FUTURE LAND USE ELEMENT The proposed amendment has been determined to conflict with this element. The future land use classifications surrounding the subject property are: RS (Residential Suburban) to the south and west. T/U (Transportation/Utilities) to the immediate west. _COM (Commercial) to the east and on the corners of the intersection of Indrio Road and Kings Highway. RU (Residential Urban) is located to the north across Indrio Road. PF (Public Facilities) is located to the northwest across Indrio Road. The existing future land use classification of RS allows for residential densities of up to 2 units per gross acre and for some limited commercial uses. Objective 1.1.8 Provides for the protection of the single family neighborhood as a defined residential area from the encroachment of commercial and/or other inappropriate land uses. The immediate area in which the subject property is located is generally residential in nature. Residences and Lakewood Park Elementary School are located to the north across Indrio Road. Allowing the parcel to be designated for commercial uses would be inappropriate because it would encourage the extension of intense commercial uses in this area. M `"Wo May 14, 1999 Page 4 Policy 1.1.8.7 Petition: W.D. White File Number: PA-99-001 Restrict commercial development to those traffic corridors where such- development patterns now exist. The depth of these commercial areas should average 600 feet, with the exceptions to be found at points of arterial intersection. The subject property is located to the immediate west of property with a future land use classification of commercial and which is located at a point of arterial intersection. If the subject property were to be joined with this adjacent property, this request would meet this policy. However, since the subject property is a separate parcel it violates this provision. Future Land Use Policy 2.1.1.4: Facilities currently operating at conditions below those standards listed in Policy 2.1.2.8 shall be maintained at least at their current LOS through the development order conditions for roadway improvements within the radius of influence of a proposed development. Kings Highway north of Indrio Road currently operates at an existing and committed Level of Service (LOS) D. This LOS is below LOS C as required by Policy 2.1.2.8. The potential impacts of a 9.9 acre commercial development could not be accommodated and would cause significant damage to the existing transportation network in the area. TRAFFIC CIRCULATION ELEMENT The proposed amendment has been determined not to conflict with this element. MASS TRANSIT ELEMENT The proposed amendment has been determined not to conflict with this element. PORT AND AVIATION ELEMENT The proposed amendment is outside of the land area discussed within this element and the proposed amendment is not expected to result in any direct impacts to these areas. HOUSING ELEMENT The proposed amendment has been determined not to conflict with this element. M May 14, 1999 Page 5 INFRASTRUCTURE ELEMENT Sanitary Sewer Sub -Element Petition: W.D. White File Number: PA-99-001 The proposed amendment has been determined not to conflict with this element. The subject property is within the Holiday Pines Utility Service area. Prior to any final development order approvals, the applicant would need to demonstrate that sufficient capacity is available to service the project. Solid Waste Sub -Element The proposed amendment has been determined not to conflict with this element. Drainage and Aquifer Recharge Sub -Element The proposed amendment has been determined not to conflict with this element. Potable Water Sub -Element The proposed amendment has been determined not to conflict with this element. The subject property is within the Holiday Pines Utility Service area. Prior to any final development order approvals, the applicant would need to demonstrate that sufficient capacity is available to service the project. - COASTAL MANAGEMENT ELEMENT The proposed amendment has been determined not to conflict with this element. CONSERVATION ELEMENT The proposed amendment has been determined not to conflict with this element. RECREATION AND OPEN SPACE The proposed amendment has been determined not to conflict with this element. INTERGOVERNMENTAL COORDINATION ELEMENT The proposed amendment has been determined not to conflict with this element. n May 14, 1999 Page 6 CAPITAL IMPROVEMENT ELEMENT Petition: W.D. White File Number: PA-99-001 The proposed amendment has been determined not to conflict with this element. Policy 11.1.4.3(B)(3) Section 5.01.01 of the St. Lucie County Land Development Code, adopted pursuant to Policy 11.1.4.3, requires that a Certificate of Capacity be obtained before the issuance any final development orders for development of this property. Any proposed amendment to the St. Lucie County Comprehensive Plan may be reviewed by several state and regional agencies. The Department of Community Affairs is charged with determining whether amendments are consistent with and further the St. Lucie County Comprehensive Plan, the State Comprehensive Plan, the Strategic Regional Policy Plan, Chapter 163 of the Florida Statutes, and Rule 911-5, Florida Administrative Code. In regard to the state and strategic regional plan, staff has the following comments: CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN LAND USE - F.S. 187.201(16) - In recognition of the importance of preserving the natural resources and enhancing the quality of life of the state, development shall be directed to those areas which have in place, or have agreements to provide, the land and water resources, fiscal abilities, and service capacity to accommodate growth in an environmentally acceptable manner. The proposed amendment to the future land use classification of the subject property might adversely affect the quality of life in the immediately surrounding area. The subject property is located in an area of residential uses and limited commercial activities. The construction of large scale, intense, commercial activities on the subject property would adversely affect the immediately surrounding area and the quality of life. CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN The proposed Future Land Use Amendment is not inconsistent with the Strategic Regional Policy Plan. CONCLUSION Based upon the information provided, staff has found that the proposed future land use change is not entirely consistent with the Goals, Objectives, and Policies as set forth in the St. Lucie County Comprehensive Plan. Staff also finds the proposed amendment to be partially inconsistent with the State Comprehensive Plan and Regional Policy Plan. CM May 14, 1999 Page 7 Petition: W.D. White File Number: PA-99-001 Staff recommends that this petition be forwarded to the Board of County Commissioners with a recommendation of denial. A change in the future land use classification for the site to Commercial would have an undue, adverse affect on the immediately surrounding area. As stated, the applicant also has requested a change in zoning for a CG (Commercial, General ) zoning on the parcel. Staff recommend that you forward this petition to the Board of County Commissioners with a recommendation of denial. Attachments cc: W.D. White File r- 1 00 G, V- �; � loollooi— — 'o -:T --d- I -n tn a, a% Clial CNIC� --t 8N c7, I a, c% a, ON CN I i 1 1 :� Vl 1 cr, 1 ;, -,,, I �-d s. 1 ;,- 1 -,-, - 11 �-,, 1 M. rn --t Iml al I I en U iuu �W!104 V� 9 c, 0 !W 0 I� o olo o o o fi wim or ii u u U# PWSW IP P 0 g 00 100 010 0 U ou > 4o w 14.14. ri. w 4. 1 W. pq LT. V) 91. 00 >i > 0. 5 U 40 U110:0 c) Dio C14 M - 015 o rA oFxwvo0loo M Co OA � 2 E� 2 Z, 2 2 1 W < x cz wjo! ol ol 00 c) 00 8 00 '0,18 G :,RjSlo C) (0 C> , Cl- t- W) �o Olt- 0 O!Z Z RW[Rlzs 5, C) 00 1 1 1 W) a, 1.0 eq in 0i zi ui U! Z! ol oi U. z. z ol eq 0 izi u 01 C7 .a4 -A- 40. ol u U� !u tu 14: 'o 0 u 10 u 9 u Q En o of -�3 zw Ol< ;o U, -�lcnim > oA 1� 0!�i� � co 001 "aa r .4i(o 1�Q go ol a 01 1 0 ;J::-j io 5, a 0 UO U) U10. 14 0 ZU! vo gz 40. 2; iil� �: < = 14".4 C) V)I> , w u 1-1 C:Ho aw ol� �0: C) ZlW 0 z .J l z w ou cc, u I u u 8 C); (5 S C) C) C)l 0 C� 0 CD=(D 0 S c, 18;'CE 2, 'E (D (D, C� CC> 40 C>; (0 4. CD ( (01C)l- -!R R R 9 9 1? 9 9 919 I I . ? 9!R 9 4 -A Z r-lw cr, 6i— m 9 9 R19" 'A i R 9 110 i 00 C� n C,4 "t i — — eq Cq C4 C) (0 <Di(D 0 CD (DiCl 0 C. CD 0 CD CD CD*(O 4= co (�I(=) S Cc, 8, 1 cc> S (D CD; c, o 'D .999 919 9 9 :?t- 9(C? (:? �5 �51 8) G CS C8, 8 F, E; 18 Z; SIGISIG G ZD 'cn CS ;C> c 8 C:)! (0 C) �o 0 C> C) ; co C% COUNTY COMMISSION REVIEW: JUNE 15,1999 AGENDA ITEM NO.4H DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Board of County Commissioners FROM: Julia Shewchuk, Community Development Director DATE: June 14, 1999 SUBJECT: Petition of W. D. White, for a Change in Future Land Use Classification from RS (Residential Suburban) to COM (Commercial) The attached minutes are from the Local Planning Agency meeting of May 20, 1999 and should be attached to Agenda Item 4H. Please call me if you have any questions. JS/jmr cc: County Administrator County Attorney File 1 PUBLIC HEARING - W. D. WHITE FILE NO. PA-99-001 Mr. Hank Flores presented staff comments. Mr. Flores stated that he was presenting the petition of W. D. White, for a Change in Future Land Use Designation from RS (Residential Suburban) to COM (Commercial) for 9.9 acres of property located at 7701 Indrio Road. He stated that this property is further described as being on the South side of Indrio Road, approximately 1,200 feet west of Kings Highway. Mr. Flores stated that the purpose of the requested change in future land use is to use the property to its best use. The current future land use designation allows for single-family homes at a maximum of two dwellings per gross acre, commercial agricultural uses, limited commercial uses, and institutional uses. Approval of this petition is required to allow the applicant to seek a change in zoning for the subject property from AG-1 (Agricultural - 1 du/acre) and CN (Commercial, Neighborhood) to CG (Commercial, General). Mr. Flores stated that in order for the County to evaluate, recommend, and approve an amendment to the Future Land Use Map, the applicant must demonstrate the need for the amendment. The applicant in this case has made no such demonstration. Mr. Flores stated that in reviewing an application for a proposed amendment to the Future Land Use Map, staff must determine whether it is consistent with the Comprehensive Plan. Mr. Flores stated that the proposed amendment has been determined to conflict with the Future Land Use Element. The future land use classifications surrounding the subject property are RS (Residential Suburban) to the south and west. T/U (Transportation/Utilities) to the immediate west. COM (Commercial) to the east and on the corners of the intersection of Indrio Road and Kings Highway. RU (Residential Urban) is located to the north across Indrio Road. PF (Public Facilities) is located to the northwest across Indrio Road. The existing future land use classification of RS allows for residential densities of up to two units per gross acre and for some limited commercial uses. Mr. Flores stated that the proposed change in land use was in conflict with the following Objectives and Policies of the Comprehensive Plan. Objective 1.1.8 Provides for the protection of the single family neighborhood as a defined residential area from the encroachment of commercial and/or other inappropriate land uses. Planning & Zoning Commission/ May 20, 1999 Local Planning Agency i The immediate area in which the subject property is located is generally residential in nature. Residences and Lakewood Park Elementary School are located to the north across Indrio Road. Allowing the parcel to be designated for commercial uses would be inappropriate because it would encourage the extension of intense commercial uses into this area. Policy 1.1.8.7 Restrict commercial development to those traffic corridors where such development patterns now exist. The depth of these commercial areas should average 600 feet, with the exceptions to be found at points of arterial intersection. The subject property is located to the immediate west of property with a future land use classification COM (Commercial) at a point of arterial intersection. If the subject property were to be joined with this adjacent property, this request might meet this policy. However, since the subject property is a separate parcel it violates this provision. Future Land Use Policy 2.1.1.4: Facilities currently operating at conditions below those standards listed in Policy 2.1.2.8 shall be maintained at least at their current LOS through the development order conditions for roadway improvements within the radius of influence of a proposed development. Kings Highway north of Indrio Road currently operates at an existing and committed Level of Service (LOS) D. This LOS is below LOS C as required by Policy 2.1.2.8. The potential impacts of a 9.9 acre commercial development could not be accommodated and would cause significant damage to the existing transportation network in the area. Mr. Flores stated that in regard to consistency with the State Comprehensive Plan, it has been determined that the proposed amendment to the future land use classification of the subject property might adversely affect the quality of life in the immediately surrounding area. The subject property is located in an area of residential uses and limited commercial activities. The construction of large scale, intense, commercial activities on the subject property would adversely affect the immediately surrounding area and the quality of life. Mr. Flores stated that based upon the information provided, staff has found that the proposed future land use change is not consistent with the Comprehensive Plan. Staff also finds the proposed amendment to be inconsistent with the State Comprehensive Plan and Regional Policy Plan. Mr. Flores stated that a change in the future land use classification for the site to Commercial would have an undue, adverse affect on the immediately surrounding area. As stated, the applicant also has requested a change in zoning for a CG (Commercial, General ) zoning on the parcel. Mr. Flores stated that staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of denial. Planning & Zoning Commission/ May 20, 1999 Local Planning Agency Chairman Wesloski asked if there were any questions. Ms. Dreyer asked Mr. Kelly what was located immediately to the west of the subject parcel which is designated as Transportation Utilities. Mr. Kelly stated a small electric substation. Chairman Wesloski asked if there were any other questions of the Board. Chairman Wesloski asked if the applicant was present. Mr. W. D. White, 7701 Indrio Road, addressed the Board. Mr. White stated that he has been discussing this matter with the Planning Department for three years. He stated that he once made the mistake of zoning the property as CN (Commercial, Neighborhood) and that he wanted CG (Commercial, General) to begin with. He stated that Mr. Kelly mentioned that if he owned the neighboring property, there would not be a problem with the change in land use. He stated that he could have 44 storage units in this area within one year and there are a lot of people in Lakewood Park who want storage rental. Mr. White stated that Florida Power and Light has property that is located next to him to the west. The property to the east of him is already zoned as CG (Commercial, General). He stated that he believes that in the future all of the surrounding property would be Commercial. Chairman Wesloski asked if there were any questions for Mr. White. At this time, Chairman Wesloski opened the public hearing. Chairman Wesloski asked if there was anyone who would like to speak in favor of this petition. Chairman Wesloski asked if there was anyone that would like to speak in opposition to this petition. Chairman Wesloski asked if there were any further comments from Mr. White. Hearing no further comments in favor or in opposition to the petition, Chairman Wesloski closed the public portion of the hearing. Chairman Wesloski stated that there are six letters in the packet that are in favor of the rezoning from residents in the neighborhood of the property in question. Chairman Wesloski asked if there were any questions. Mr. Matthes asked Mr. Kelly how Residential Suburban is the best land use for a piece of property that is 330 foot wide by 1300 foot long. Planning & Zoning Commission/ May 20, 1999 Local Planning Agency Mr. Kelly stated that he is not sure whether a recommendation to deny a plan amendment to Commercial and an associated zoning to Commercial, General is an endorsement that the current zoning in its current state is the best use of the land. It is a statement that it is not appropriate for Commercial land use and CG (Commercial, General) zoning. Mr. Matthes stated that it is his opinion that the layout of this land is not really conducive to development as a Residential Suburban piece of property. Mr. Grande asked Mr. Kelly where Kenwood Road is on the map. Mr. Kelly asked Mr. Grande if it was referenced somewhere in the packet. Mr. Grande stated that he believes that the only letter that is in support that is not supplied by a business is from a resident on Kenwood Road and he was wondering how close that road was to the proposed area. Chairman Wesloski asked Mr. Grande which letter he was referencing. Mr. Grande stated that it was a letter from Diane Dampier. Mr. Kelly stated that Kenwood Road does not appear to be on staff s work map. Mr. Kelly showed the Board the working map, with the yellow parcel being the parcel in question, and the gray area is the 500 foot notification. He stated that he does not see Kenwood Road in this area. Chairman Wesloski asked if there were any other questions. Ms. Dreyer stated that this seems to be a difficult parcel. She stated that it does have a lot of residential land use surrounding it, but it is also sandwiched between Commercial uses and the Electrical Substation. She asked Mr. Kelly what other alternatives may be more appropriate than what the applicant has requested. Mr. Kelly stated that Mr. White has rezoned a portion of the parcel, which is labeled on the zoning map to CN (Commercial, Neighborhood). Mr. White now believes that was a mistake. To continue Commercial, General down Indrio Road when there is no demonstrated need for additional Commercial, General and when looking at Indrio Crossings, which is only half built, and at the southwest corner of Indrio and Kings Highway which is at least commercially designated by the Comprehensive Plan and nothing is happening at the current time, there is not a demonstration of need in the area. Mr. Kelly stated that he believes that in the next petition staff indicated that the consideration for Commercial, General for the frontage may be appropriate, which creates a situation similar to the Doran parcel, where the Board did not feel that splitting the parcel was a good idea. He stated that Commercial zoning, 1,300 feet deep is not appropriate in his mind and he is not sure that he can recommend any single zoning for a piece of property that is 1,300 feet deep at this location. Planning & Zoning Commission/ May 20, 1999 Local Planning Agency Mr. Grande stated that if he understands the recommendation correctly, independent of the succeeding zoning change, the change in the future land use designation would be inconsistent with the Comprehensive Plan and the Regional Policy Plan. Mr. Kelly stated that is correct. Chairman Wesloski asked Mr. Kelly if the whole piece can be Commercial, Neighborhood under the current plan. Mr. Kelly stated that he would like to review the policy which they referenced several times tonight which looks at Commercial, Neighborhood in areas that are not designated Commercial. He stated that he knows that there is a limitation of 10 acres and certainly 9.9 is under 10 acres. He stated that again he is not sure whether 1300 feet in depth gives any kind of development that is appropriate for this site. Mr. White stated that there is a mistake of 9.9 acres. He stated that he wanted Commercial, General to come back as far as Florida Power and Light. He stated that he would like to come back to approximately 600 feet. Chairman Wesloski asked if there were any other questions from the Board. Chairman Wesloski asked what was the pleasure of the Board. After considering the testimony presented during the public hearing, including staff comments, Mr. Grande moved that the Local Planning Agency of St. Lucie County recommend that the St. Lucie County Board of County Commissioners deny the application of W. D. White for a Change in Future Land Use designation from RS (Residential Suburban) to (COM) because the proposed amendment is at least partially inconsistent with the State Comprehensive Plan and the Regional Policy Plan. Mr. Trias seconded the motion. Chairman Wesloski asked if there was any discussion. Mr. Grande stated that he believes that the petitioner has the opportunity to come back with a petition that is closer to what he is proposing to do with the land. He stated that he believes that the motion for denial is correct, and he would like to invite Mr. White to return after discussing his plans with staff and petition for the zoning that would fit what has been described. Chairman Wesloski asked if there was any further discussion. Upon roll call, the motion was approved, 4-3, with Mr. Matthes, Mr. Moore and Chairman Wesloski voting in opposition. Planning & Zoning Commission/ May 20, 1999 Local Planning Agency M Chairman Wesloski stated that the petition would be forwarded to the Board of County Commissioners with a recommendation of denial. Planning & Zoning Commission/ Local Planning Agency May 20, 1999 K✓� swoe ITEM NO. 4I DATE: 06/15/99 CONSENT [ REGULAR [ PUBLIC HEARING [ X ] Leg.[ ] Quasi-Jud. [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Community Development. munity Development Director SUBJECT: Request for Rezoning of Property located at 7701 Indrio Road from the AG-1 (Agricultural - 1 du/acre) and CN (Commercial, Neighborhood) Zoning Districts to the CG (Commercial, General) Zoning District - Draft Resolution 99-025 BACKGROUND: Petition of W.D. White for a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) and CN (Commercial, Neighborhood) Zoning Districts to the CG (Commercial, General) Zoning District. The stated purpose of the rezoning is to allow the property to be used to its highest and best use. (File No.: RZ-99-006/PA-99-001) 11181► I D PREVIOUS ACTION: The Planning and Zoning Commission, by a vote of 5 to 2 with 2 members absent (Mr. McCurdy and Mr. Lounds), recommended denial of the rezoning at its May 20, 1999, meeting. RECOMMENDATION* Deny Draft Resolution 99-025 approving the change in zoning from the AG-1 (Agricultural - 1 du/acre) and CN (Commercial, Neighborhood) Zoning Districts to the CG (Commercial, General) Zoning District for property located at 7701 Indrio Road. COMMTASTON ACTION: [ APPROVED [ ] DENIED [ ] OTHER: 4Douli/s. Anderson County Administrator County Attorney: Originating Department: Finance: (Check for Copy only, if applicable) Management 6 Budget: Purchasing: Other: Other: L"' N"004 COUNTY COMMISSION REVIEW: June 15, 1999 Resolution 99-025 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: June 7, 1999 Subject: Petition of W.D. White, for a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) and CN (Commercial, Neighborhood) Zoning Districts to the CG (Commercial, General) Zoning District. (File No.: RZ-99-006) The proposed rezoning of property located at 7701 Indrio Road from the AG-1 (Agricultural - 1 du/acre) and CN (Commercial, Neighborhood) Zoning Districts to the CG (Commercial, General) Zoning District is to allow for the property to be developed to its highest and best use. At the May 20, 1999, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 7 to 0 with two members absent (Mr. Lounds and Mr. McCurdy), recommended denial of this petition. The Planing and Zoning Commission indicated that they might consider an amended application for the north 580 feet of the subject property. Attached is a copy of Section 3.01.03(S) - CG (Commercial, General), of the St. Lucie County Land Development Code, which delineates the permitted, accessory, and conditional uses allowed in the Commercial General Zoning District. If the change in zoning request is approved, the applicant, by right, would be allowed to establish any of the uses under the Permitted Uses section. Any use under the Accessory Uses section would be allowed only if one or more of the permitted uses exists on the subject property. Any use under the Conditional Uses section could only be allowed if it first receives approval through the Board of County Commissioners. Based on these uses, staff makes the following findings: 1. The CG Zoning District contains permitted uses which, when maximized on this 9.9 acre site, would produce negative impacts on the area and create a land use that is out of character with the area in which it is located. 2. The CG requested rezoning for the 9.9 acre site is inappropriate and incompatible with existing and proposed development of the Lakewood Park area. The potential uses of such property, because of the size of the parcel, would be in conflict with the County's Comprehensive Plan and would be detrimental to the future land development goals of St. Lucie County. M M June 9, 1999 Page 2 Subject: W.D. White File No.: RZ-99-006 3. Kings Highway to the north of Indrio Road operates at an existing and committed Level of Service (LOS) of D. The potential impacts of a 9.9 acre commercial development could not be accommodated and would cause significant damage to the existing transportation network in the area. 4. Rezoning of the front portion of the site to a more limited commercial category (CO - Commercial Office or CN - Commercial Neighborhood) to accommodate limited commercial development without the potential for uncontrolled intensive development, would not be in conflict with the intent of the Comprehensive Plan and would not cause damage to the surrounding properties and neighborhood. Based on these findings, County staff has determined that the proposed rezoning has not met the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code, and is in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends the denial of this petition for a change in zoning from the AG-1 (Agricultural - 1 du/acre) and CN (Commercial, Neighborhood) Zoning Districts to the CG (Commercial, General) Zoning District. Staff further recommend that Draft Resolution 99-025 be denied. SUBMITTED: Julia Shewchuk, AICP Community Development Director hf cc: W.D. White File in 2 3 4 6 8 9 10 RESOLUTION 99-025 FILE NO.: RZ-99-006/PA-99-001 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE AG-1 (AGRICULTURAL -1 DU/ACRE) AND CN (COMMERCIAL, NEIGHBORHOOD) ZONING DISTRICTS TO THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT OF CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. W.D. White presented a petition for a change in zoning from the AG-1 (Agricultural 1 du/acre) and CN (Commercial, Neighborhood) Zoning Districts to the CG (Commercial, General) Zoning District for the property described below. 2. On May 20, 1999, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners deny the hereafter described request for a change in zoning from the AG-1 (Agricultural 1 du/acre) and CN (Commercial, Neighborhood) Zoning Districts to the CG (Commercial, General) Zoning District for the property described below. 3. On June 15, 1999, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed change in zoning is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has not satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed change in the Zoning District Classification for that property described as follows: File No.: RZ-99-006 June 15, 1999 Resolution 99-025 Page I No.." n SECTION 14, TOWNSHIP 34 SOUTH, RANGE 39 EAST, WEST 330 FEET OF THE NE 1/4 OF THE SE 1/4, LESS THE NORTH 20 FEET FOR ROAD RIGHT-OF-WAY. (9.90 AC) (OR 1046-2328) (TAX I.D. NO. 1314412-0000-000/2). (Location: 7701 Indrio Road) owned by W.D. White, is hereby changed from the AG-1 (Agricultural - 1 du/acre) and CN (Commercial, Neighborhood) Zoning Districts to the CG (Commercial, General) Zoning District. B. The St. Lucie County Community Development Director is hereby authorized and directed to cause the change to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of denial of this resolution. After motion and second, the vote on this resolution was as follows: Chairman Paula A. Lewis xxx Vice -Chairman John D. Bruhn XXX Commissioner Frannie Hutchinson XXX Commissioner Doug Coward XXX Commissioner Cliff Barnes xxx PASSED AND DULY ADOPTED This 15'' Day of June 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. T,UCIE COUNTY, FLORIDA Chairman APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney hf H:\WP\RESOLUTI.N\FINISHED.99\WDWhiteRZ\WDWhiteResolution.wpd File No.: RZ-99-006 June 15, 1999 Resolution 99-025 Page 2 i -- z N _ E N N � )0 C O) +-+ O NSEN ° - i C_ O tOPCN p E < N T I - Q to pca E t o � BE o a s o W 00 ,'YP '• .si - C ( cc m Z \ O�v U n ¢ P �pN "" tl3R1a-F33tl7 j S 1£ 1 l b' HUtO - a -oa—aavNTi3 ') ' N SPN PNNpHS ` t-r N/gym ab P•� _ 1. jZ _ 1 � W 1 00. E 3nr Sb3 MO o n ¢ ¢ n l 3AIH w, nrr �[� ->� a S�dtlfi� is v��-ate v m OnlB r0 m Ar,O., .. /. OH Nrrvltlr ts St pt e 1`j aN33r ?0 w atl SNIlIN31'j __ _ �i3b3ryN5V] an19 rNOnrs d arse AtlNO_aa3IVI - a2lB N. Ell 1rM sar«tl Ell \� o3nrT w ..... _--aVlTe '3'IONIN3$ a d •• Oa,\ ?p m OVO8 NOISNHOf j y0�, g�v0 eOri �G 7 6 � Nei __- n: OM r!3 a: aw a ar ------- � - —aroa itla-n z ar0a N1INSMJOtl9 0 V - arotl "- S - - - - - - - 0 arOtl 3NI1 30Nra �/ aroa 30aweMoai L w _ - - (L � � aroa � IrNVJ tl30v3N > ; w z W +J a as ONIalOH 1r30 -- arotl - , o arotl O33N5 O K Q0 O VZ-] ItlNVJ C J IVNVJ w W t- f• POPQ - M M mQ S S.- :I S b£ 1 5 Sf 1 S 91 1 r J.1Nf100 3380H033>10 �''t� %rd Zoning RZ 99-006 W.D. White Community Development Geographic Information Systems A Map revised April 19,1999 I�l ms m.v mu bw canpww brQKWWp nr*V .w rel— q.po.w o*. �C vmM .-Y .iron ti. b— —* w wo*w un m w .0 .oa.w Land Use (131.0000-0001O) (423-0004 -00014) W.D. White 31 (0-0030-0QO/I) q (131-0OOI.00017) I ennings �1 P%F � � 0 e I q l 9 I T I C \ G l \ T O 2 J 4 I s 0 O_ s Laguna Road o 4 O p y p n � 6 M a K N O 3 J N , -Y J 2 � Indrio Road S. R. No. 614 (411-=5-000/4) (421-0000-00010) TAJ RS (421-0010-00013) (423-=5-000/I) RS (430-0000-=18) RZ 99-006 a C (144-0000 0 -01013) U (144-0000 -000/0) LL- 0_ LL u1- 0000 00um CO COM N O Z (411-OOOJ-OXIO) 75 C 0 U W Cr Y 0 LL C- Li RM Community Development -� Geographic Information Systems o Map revised April19,1999 I ft"ion Pa9"e• N is W Mamba W w u I Wq* MOV e0"rAM \■/ DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Board of C unty Commissioners FROMCommuni Development Director DATE: June 9, 1999 SUBJECT Petition of W. D. White, for a Change in Zoning from the AG-1 (Agricultural - I du/acre) and CN (Commercial, Neighborhood) Zoning Districts to the CG (Commercial, General) Zoning District Prior to your scheduled meeting of June 15, 1999, the minutes from the Local Planning Agency will be provided under separate cover. During transcription of these minutes the machine became inoperable. HOYT C. MU&PHY1ca1tors 411 North U.S. 1 Ft. Pierce, FL 34950 (561) 461-3250 FAX (561) 489-2316 May 14, 1999 ❑ South Beach ❑ 7202 South U.S. 1 221 South Ocean Drive Port St. Lucie, FL 34952-1479 Ft. Pierce, FL 34949-3255 (561) 878-3200 (561) 461-1324 FAX (561) 878-4031 FAX (561) 461-1578 VIA TELEFAX 462-1581 St. Lucie County Planning Dept. 2300 Virginia Avenue Fort Pierce, F134982 RE: Rezoning of William D. White RZ-99-006 To Who It May Concern: As agent for Duensing Groves, Inc., please consider this letter in favor of W.D. White's request for rezoning of his property to General Commerical. The Duensings' own 44 acres adjoining Mr. White's property and they are very much in favor of this request. Sincerely yours, HOYT C. H IN TORS I Ho Murphy, r., (Pat) President HCMJR/cps cc: Mr. and Mrs. Duensing W.D. White MAY See our web page at www.flrealtylistings.com Member. State -National International Real Estate Federation 113 AEAt.TOpID HOMES - RENTALS - RANCHES - FARM LAND - CONDOS - BUILDING LOTS - CITRUS GROVES - HOTELS & MOTELS - APPRAISALS NOTE: THIS OFFERING SUBJECT TO ERRORS, OMISSIONS, PRIOR SALES OR WITHDRAWAL WITHOUT NOTICE M Industrial landscaping E5 Phone 561-465-2832 Fax 561461-0118 To whom it may concern I owner of Industrial Landscaping do aprove of Mr W.D White to put up some well needed buildings for the improvement of lakewood park. It is for the benfenift of Lakewood Park that he does it , We are all for it, any more information needed fell free to call on us. I thank -you Patrick Farrar Owner 7401 San Carlos Drive Fort Pierce 34951 May 17, 1999 Sincerely, Your name goes here -..0 ' ULLINGTON 4830 North Kings Highway Suite #225 Fort Pierce, Florida 34951-1791 (SHOP: 7705 Indrio Road) St. Lucie County: 561-489-8660 LIU '- Indian River County: 561-562-6637 OMPANirMartin County: 561-287-9337 dba A B C Fencing Fax: 561-489-8582 [Slw-F E N C I N G Toll Free: 877-489-8660 May 17, 1999 Saint Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 RE: file # RZ99006 zoning change Dear Sirs, This letter is in support of the zoning change for the property owned by Mr. White from commercial neighborhood to commercial general. In this area the nearest larger capacity storage facility is on US 1, the closer location would benefit this area greatly. Thank you. Sincerely, Manisa -RUM gtoVL Marisa Bullington Secretary *to-, J:I( JAMES A. KIRBY ❑1 Registered Land Surveyor 5107 Turnpike Feeder Road P.O. Box 1826 Ft. Pierce, FL 34954-1826 561-464-9621- Phone 561-466-9326 - Fax email address: JAKRLS2391@aoLcom May 17, 1999 Planning and Zoning Commission To whom it may concern, I am in favor of Mr. White's proposal to change the zoning of his property from CN (Commercial, Neighborhood) to CG(Commercial, General). As Lakewood Park is growing, we need more space for local businesses. Sincerely, J es A. Kirby III Registered Land Surveyor Certificate No. 2391 MAY i f � S1 '\.d t tLla,�'If C (3 PLC) 0 PC Lo J *\✓ SOUTNERN LANDSCAPING & LAWNS 4828 N.Kings Highway Suite # 105 Ft. Pierce, FL. 34951 Phone 561-468-7778 Fax 561-468-7778 St. Lucie County Planning Dept. 2300 Virginia Avenue Ft. Pierce, FL. 34982 RE: Rezoning William D. White RZ99-006 To Whom It May Concern: We are sending this letter in favor of William D. White's request for rezoning of his property for the use of General Commercial in the vicinity of the Lakewood Park Area. If we can be of further help to Mr. White please contact our office at the number listed above. May 17, 1999 n e D 1 & ac th Owners j MAY 1 7 ; .- _... fi AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, JUNE 1 S, 1999 7: 00 P.M. Petition of W. D. White, for a Change in Zoning from the AG-1 (Agricultural - I du/acre) and CN (Commercial, Neighborhood) Zoning Districts to the CG (Commercial, General) Zoning District for the following described property: (Location: 7701 Indrio Road) THE PROPER TY'S LEGAL DESCRIPTION IS A VAILABLE UPON REQUEST If it becomes necessary, these public hearings maybe continued from time to time. Please note that all proceedings before 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, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal -is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners on June 3,1999. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on June 3, 1999. FILE NO. RZ-99-006 ST. LUCIE COUNTY BOAR' OF COUNTY COMMISSI PUBLIC HEARING AG%W( JUNE 15, 1999 O WHOM IT MAY CONCERN: M NOTICE is hereby given in iccordonce with Section 11.00.03 if the St. Lucie County Land Devel- )pment Code and in accordance vith the provisions of the St. Lucie .ounty Comprehensive Plan, that he following applicants have equested that the St. Lucie County loard of County Commissioners :onsider their request as follows: . BROADMOOR ALZHEIMER'S' \ND MEMORY IMPAIRMENT :ENTER, for a Change in Zoning rom the RM-i l (Residential, Multiple -Family - 11 du/ace) Zon- ng District to the I (institutionan ironing District for the following lescibed property. Axielond Subdivision - an unre- :orded plat - Section 27, Township 35 South, Range 40 East, Block 8 he West 20 feet of Lot 13 and all :of Lot 14 (OR 323-1355) (Tax I.D. 14o. 2427-801-0115-000/5). ;Location: 200 Dixieland Drive) 2. DONALD AND LOUISE DORAN, for a Change in Zoning from the RS-2 (Residential, Single - Family - 2 du/ace) Zoning District to the CO (Commercial, Office) Zoning District for the following described property: The West 575 feet of the following described parcel: Part of the Northwest '/4 of the Southwest '/4 of Section 4, Town- ship 36 South, Range 40 East, St. Lucie County, Florida, being more particularly described as: The North 340 feet of the South 983 feet of the Northwest '/4 of the Southwest''/4 of said Section 4, and land abutting some on East to Riv- er, containing 10 aces more or less, EXCEPTING HOWEVER the South 10 feet thereof. LESS AND EXCEPT: A triangular shaped parcel lying in the North- west'/4 of the Southwest '14 of Sec tion 4, Township 36 South, Range 40 East, St. Lucie County, Florida, and being more particularly described as follows: COMMENCE at the Southwest corner of said Section 4; thence) North 89*40'12" East, along the South line of said Section 4 a dis- tance of 45.0 feet to the intersec- tion of said South line of Section 4 and the East right-of-way line of South 25th Street; thence North 00°12'58" West, along said East right-of-way line and parallel with the West fine of said Section 4, a distance of 1975.54 feet to the North line of the South 653.00 feet of the Northwest '/4 of the South- west '/4, said point being the Point of Beginning; thence North 03*15'08" East, a distance of 330,60 feet to the intersection of a line 65.00 feet East of said West line of Section 4 and North line of the South 340.00 feet of the North h of the Northwest'/4 of the South west '/4; thence South 00"12'58" East, parallel with said West line of Section 4, a distance of 330.00 feet to the said North line of the South 653.00 feet of the Northwest '/4 of the Southwest'/.; thence Soutl 89°47'36", West along said North line a distance of 20.00 feet to the Point of Beginning. (Tax I.D. No. 3404-312-0001-000/4). (Location: East side of South 25th Street, approximately 500 feel South of Midway Road) 3. PAUL J. DRISCOLL, for a Change in Zoning from the IX (In- dustrial, Extraction) Zoning District to the AG-2.5 (Agricultural 1 du/ 2.5 aces) Zoning District for the following described property: Section 8, Township 35 South, Range 39 East, Northwest''/4 of the Northwest '/4 of the Southwest 'A less road and canal (8.84 cc) (OR 886-1106) (Tax I.D. No. 2308-322-0010-000/3). (Location: Southeast comer of the Intersection of Orange Avenue and Pulitzer Rood) 4. WAYNE SKINNER, for a Change in Zoning from the AG-2.5 (Agricultural - 1 du/2.5 aces) Zoning District to the CN (Com- mercial, Neighborhood) Zoning District for the following described property. Hattie Chamberlin Subdivision, Section 28, Township 35 South, Range 39 East, Tracts 1 and 2, less the South 883.44 feet (6.80 ac) (OR 988-2686) (Tax I.D. No. 2328-501-0001-000/8). (Location: Southeast corner of the Intersection of Okeechobee Road and Eleven Mile Road) 5. W.D. WHITE, for a Change in Zoning from the AG-1 (Agricultural - 1 du/ace) and CN (Commercial, General) Zoning Districts to the CG (Commercial, Neighborhood) Zoning District for the following described property. Section 14, Township 34 South, Range 39 East, West 330 feet of the NE '/4 of the SE '/4, less th North 20 feet for road right-of- way. (9.90 cc) (OR 1046-2328) ( T a x I. D. N o 1314-412-0000-000/2). (Location: 7701 Indrio Road) PUBLIC HEARINGS will be held in the County Commission Cham- bers, 3rd floor of the Roger Poitras Administration Annex Building, 2300 Virginia Avenue; Fort Pierce, Florida on June 15, 1999, begin- ning at 7-00 P.M. or as soon there- after as possible. PURSUANT TO Section'' 286.0105, Florida Statutes, if a' person decides to appeal any deri- sion made by a board, agency, or commission with respect to any matter considered at a meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the pro- ceedings Is made, which record includes the testimony and evi- dence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ PAULA A. LEWIS, CHAIRMAN Pub.: June 3, 1999 0 No. 0269 St. L 1CIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA )UNE 15, 1999 TO WHOM IT MAY CONCERN: NOTICE is hereby given In accordance with Section 11.00.03 of the St. Lucie County Land Development Code and In accordance with the provisions of the St. Lucie County Comprehensive Plan, that the following applicants have requested that the St. Lucie County Board of County Commissioners consider their request as follows: 1. BROADMOOR AlZHEBNER'S AND MEMORY IMPAIRMENT CENTER, for a Change In Zoning from the RM-11 (Resideltial. Multiple -Family - 11 du/ocre) Zoning District to the I ri3 (Institutional) Zoning District for the following described rZE property: Dbdeiand Snbdvislon - an unrecorded plat - Section 27, Township 35 South. Range 40 East, Bloch 8 the Went 20 feet of Lot 13 and all of Lot 14 (OR 323-1355) (Tax I.D. No. 2427-801-0115-(XV5). (Location: 200 Dbdeland Drive) 2. DONALD AND LOUISE DORAN, for a Change in Zoning from the RS-2 (Residential, Single -Family - 2 du/ocre) Zoning District to the CN (Commercial, Neighborhood) Zoning District for the following described property: The West 575 feet of the blowing described parcel: Part at the Northwest 1/4 at the Southwest 1/4 of Section 4, Township 36 South, Range 40 East, St. Lurie County, Florida, being more padkxdady described as: The North 340 feet of the South 983 feet of the Northwest 1/4 of the Southwest 1/4 of sold Section 4, and land abutting some on East to River, confaWng 10 axes more or leas, D(CEPTING HOWEVER the South 10 feet thereof. LESS AND EXCEPT: A triangular shaped paoel OV In the Northwest 1/4 of the Southwest 1/4 of Sector 4, Township 36 South. Range 40 East. St. Lucie County, Florida. and being more particularly bounded and described as follows: COMMENCE at the Soultwed comer ci said Section 4; thence North 89. 40-12• East. ding the South fine of said Section 4 a distance of 45.0 feet to the Intersection of said South Iine of Section 4 and the East dght-0Nway the of South 25th Street; (hence North 00' 12 58- West, along said East right-of-way line and parallel with the west line of said Section 4, a distance of 1975.64 feet to the North Ire of the South 653.00 feet of the Northwest 1/4 of the Southwest 1/4, said point being the Print at Beginning; thence North 03' 15,08' East, a distance of 330.60 feet to the Intersection of a the 65.00 feet East of sold Wed Ire of Section 4 and North line of the South 340.00 feet of the North 'A of the Northwest 1/4 of the Soulhwed 114; thence South W 1758- East. parallel with said Wed tine of Section 4, a distance of 330.00 feet to the said North line Of the South 653.00 feet of the Norlhwed 1/4 of the Southwest 1/4, thence South 89' 47'36', wed along said north Ine a distance of 20.00 feet to fie Point of Beginning. (Tax I.D. No. 3404-312-0001-01 0/4). (Location: East side of South 25th Street. approxlmhalely 500 feet South of Midway Road) 3. PALO J. DRISCOLL, for a Change In Zoning from the 0( pndustrial, Extraction) Zoning District to the AG-2.5 (Agricultural 1 du/2.5 acres) Zoning District for the following described property: Section 8. Township 35 Soulh, Rouge 39 East, Northwest 1/4 of the Northwest 1/4 of the Southwest 1/.4 - less road and canal (8.84 ac) (OR 886-1106) (Fax I.D. No. 2308-322-0010-OM). (Locallon>: Southeast comer of the Intersection of Orange Avenue and Pulitzer Road) 4. WAYNE SIONNER, for a Change in Zoning from the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District to the CN (Commercial, Neighborhood) Zoning District for the following described property: Halle Chamberlin SubdivWon, Section 28. Township 35 South, Range 39 East, Tracts 1 and 2, less the South 883.44 feet (6.80 oc) (OR 988-2686) (Fax I.D. No. 232"1-=I-O 0/8). (Locatlon: Southeast caner of the Intersection of Okeechobee Road and Eleven Mile Road) 5. W. D. WHITE, for a Change In Zoning from the AG-1 " (Agricultural - 1 du/acre) and CN (Commercial, NeighbAdod) Zoning Districts to the CG (Commercial, General) Zoning District for the following described property: Section 14, Township 34 South, Range 39 East, West 330 feet of the HE 1/4 of the SE 1/4. Ism NO North 20 feet for road right-d-way. (9.90 oc) (OR 1046-2328) (tax I.D. No. 1314-412-0000-000/2). X (Location: 7701 Inddo Road) G PUBLIC HEARINGS wit be held in the County commission b Chambers, 3rd floor of the Roger Polkas Administration Annex Building. 2300 Virginia Avenue, Fort Pierce, Florida on Jane 15, 1999, beginning at 7:00 P.M. or as soon thereafter as possible. PURSUANT TO Section 286.0105, Florida Statutes, If a person decides to appeal any decision made by a board, agency, or commission with respect to any matter considered d a meeting or hearing, he will need a record of the s and that, for such purpose, he may need to ensureth verbatim record of the proceedings Is made. which Includes the testimony and evidence upon which the Is to be based. Publish: June 3. 1999 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ PAULA A LEWIS, CHAIRMAN 1 A �w'ikx, In TO: FROM: DATE: SUBJECT: LOCATION: PLANNING AND ZONING COMMISSION REVIEW: 05/20/99 File Number RZ-99-006 MEMORANDUM DEPARTMENT OF COMAIUNITY DEVELOPMENT Planning and Zoning Commission Planning Manager May 14, 1999 Application of W.D. White, for a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) and CN (Commercial, Neighborhood) Zoning Districts to the CG (Commercial, General) Zoning District. 7701 Indrio Road. South side of Indrio Road, approximately 1,200 feet west of Kings Highway. EXISTING ZONING: PROPOSED ZONING: CURRENT FUTURE LAND USE CLASSIFICATION: PROPOSED FUTURE LAND USE DESIGNATION: PARCEL SIZE: PROPOSED USE: AG-1 (Agricultural - 1 du/acre) and CN (Commercial, Neighborhood) CG (Commercial, General) RS (Residential Suburban) COM (Commercial) 9.9 acres To use the property to its best use PERMITTED USES: Attachment "A" - Section 3.01.03(S) - CG (Commercial, General) - contains the designated uses which are permitted by right, permitted as an accessory use, or permitted through the conditional use process. Any use designated as a "Conditional Use" is required to undergo further review and approvals. Any use not found within the zoning district regulations are designated as prohibited uses for that district 0 En May 20, 1999 Petition: W.D. White Page 2 -File No.: RZ-99-006 SURROUNDING ZONING: To the south, east, and west the zoning is AG-1 (Agricultural - 1 du/acre). To the immediate west is U (Utilities zoning. Further east is CG (Commercial, General) and CN (Commercial Neighborhood) zoning. To the north across Indrio Road the zoning is RS-4 (Residential, Single -Family - 4 du/acre). To the northwest across Indrio Road is I (Institutional) zoning. The northwest corner of the intersection of Indrio and Kings Highway is CN zoning and CG zoning is located on the other three corners of that intersection. SURROUNDING LAND USES: Single-family residences are located to the immediate north of the subject property across Indrio Road. Lakewood Park Elementary School is located to the northwest across Indrio Road. To the east are two convenience stores and an approved, but not yet constructed self -storage facility. Indrio Crossings shopping Center is located on the northeast corner of the intersection of Kings Highway and Indrio Road. Eckerds Drug is located on the southeast corner of the same intersection. The Future Land Use Classification of the immediate surrounding area is RS (Residential Suburban) to the -south and west. T/U (Trinsportation/Utilities) to the immediate west. COM (Commercial) to the east and on the corners of the intersection of Indrio Road and Kings Highway. RU (Residential Urban) is located to the north across Indrio Road. PF (Public Facilities) is located to the northwest across Indrio Road. FIRE/EMS PROTECTION: Station #7 (4900 Ft. Pierce Boulevard), is located approximately %2 mile to the northwest. UTILITY SERVICE: The subject property is in the Holiday Pines Utility service area. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The road right-of-way for Indrio varies in width. Indrio Road along the subject property is 100 feet in width. en May 20, 1999 Page 3 SCHEDULED IMPROVEMENTS: TYPE OF CONCURRENCY DOCUMENT REQUIRED: None. Concurrency Deferral Affidavit. Petition: W.D. White File No.: RZ-99-006 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; Rezoning to CG of the entire 9.9 acres is in conflict with the St. Lucie County Land Development Code. The 9.9 acres exceeds that which is required for commercial uses which are compatible with the character of the immediately surrounding neighborhood. The applicant has stated that he intends to use the property to its best use. The CG (Commercial, General) Zoning District has numerous permitted uses which would not be compatible with the area. According to Section 3.01.03(S)(1) of the St. Lucie County Land Development Code, the purpose of -the CG Zoning District is, "to provide and protect an environment suitable for a wide variety of commercial uses intended to serve a population over a large market area, which do not impose undesirable noise vibration, odor, dust, or offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with general commercial surroundings." The 9.9 acres of intended development may exceed the needs of the area and neighborhood in which the requested rezoning is located. The applicant has not demonstrated through this petition or the accompanying plan amendment that the requested additional Commercial general zoning in this area is warranted. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed change in zoning is consistent with the COM (Commercial) Future Land Use classification according to the Future Land Use/Zoning District Classification Matrix. The proposed change in zoning conflicts with the following criteria of the Comprehensive Plan: %WJ May 20, 1999 Page 4 Petition: W.D. White File No.: RZ-99-006 Objective 1.1.8 Provides for the protection of the single family neighborhood as a defined residential area from the encroachment of commercial and/or other inappropriate land uses. The immediate area in which the subject property is located is residential in nature. Single Family Residences and Lakewood Park Elementary School are located to the north across Indrio Road. The requested change in zoning conflicts with this policy, because rezoning the subject parcel to CG Zoning would allow development of the property on a scale and intensity that may not be compatible with surrounding land uses. Policy 1.1.8.7 Restrict commercial development to those traffic corridors where such development patterns now exist. The depth of these commercial areas should average 600 feet, with the exceptions to be found at points of arterial intersection. The subject property is located to the immediate west of property with a future land use classification of commercial and which is located at a point of arterial intersection. If the subject property were to be joined with this adjacent property, this request would better meet this policy. However, since the subject property is -a separate parcel, it violates the policy. Future Land Use Policy 2.1.1.4: Facilities currently operating at conditions below those standards listed in Policy 2.1.2.8 shall be maintained at least at their current LOS through the development order conditions for roadway improvements within the radius of influence of a proposed development. Kings Highway north of Indrio Road currently operates at an existing and committed Level of Service (LOS) D. This LOS is below LOS C as required by Policy 2.1.2.8. The potential impacts of a 9.9 acre commercial development could not be accommodated and would cause significant damage to the existing transportation network in the area. 3. Whether and the extent to which the proposed zoning is inconsistent with the cm May 20, 1999 Page 5 Petition: W.D. White File No.: RZ-99-006 existing and proposed land uses; The proposed rezoning is not consistent with existing and proposed larid uses in the area. The CG Zoning District allows a broad range of uses, some of which are too intense to be considered compatible at this location. 4. Whether there have been changed conditions that require an amendment; Conditions have not changed so as to require an amendment. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The stated use for this rezoning could create significant additional demands on public facilities in this area if the rezoning is allowed for the entire parcel. Maximized use of the 9.9 acre site for many of the uses allowed in the CG zoning district would create demand for service that would be unacceptable. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. The applicant will be required to comply with all federal, state, and local environmental regulations. However, the full impacts of a project that maximizes use of the 9.9 acre site cannot be determined until the intensity of the project is known. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; An orderly and logical development pattern will not occur with this change in zoning. The purpose of the CG (Commercial, General) Zoning District is "for a wide variety of commercial uses intended to serve a population over a large market area." The CG Zoning District has numerous permitted uses which would not be compatible with the area of intended development. A 9.9 acre commercial development at this location exceeds the service needs of the residents of the area surrounding it. There are several large tracts of CG zoned property in the Kings ,%W' `WW May 20, 1999 Petition: W.D. White Page 6 File No.: RZ-99-006 Highway/Indrio Road area that are not being developed due to the area's inability to sustain commercial properties. 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 rezoning of the entire 9.9 acre site would be in conflict with the public interest and is not in harmony with the purpose and intent of the St. Lucie County Land Development Code. A rezoning of a portion of the property would allow for some limited commercial development of the subject property. The petitioner, W.D. White, has requested this change in zoning from the AG -1 (Agricultural - 1 du/acre) and CN (Commercial, Neighborhood) Zoning Districts to the CG (Commercial, General) Zoning District in order to develop the property to its best use. Attached is a copy of Section 3.01.03(S) - CG (Commercial, General), of the St. Lucie County Land Development Code, which delineates the permitted, accessory, and conditional uses allowed in the Commercial General Zoning District. If the change in zoning request is approved, the applicant, by right, would be allowed to establish any of the uses under the Permitted Uses section. Any use under the Accessory Uses section would be allowed only if one or more of the permitted uses exists on the subject property. Any use under the Conditional Uses section could only be allowed if it first receives approval through the Board of County Commissioners. Based on these uses, staff makes the following findings: 1. The CG Zoning District contains permitted uses which, when maximized on this 9.9 acre site, would produce negative impacts on the area and create a land use that is out of character with the area in which it is located. 2. The CG requested rezoning for the 9.9 acre site is inappropriate and incompatible with existing and proposed development of the Lakewood Park area. The potential uses of such property, because of the size of the parcel, would be in conflict with the County's Comprehensive Plan and would be detrimental to the future land development goals of St. Lucie County. 3. The requested rezoning of the 9.9 acre site conflicts with the purpose of the CG zoning district, which is, "to provide and protect an environment suitable for a wide variety of commercial uses intended to serve a population over a large market area, which do not impose undesirable noise vibration, odor, dust, or offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with general commercial surroundings." Large and 09 En May 20, 1999 Page 7 Petition: W.D. White File No.: RZ-99-006 incompatible commercial uses on large parcels exceeds the intent of this zoning district and would cause damage to neighborhood areas if permitted to develop at this location. 4. Kings Highway to the north of Indrio Road operates at an existing and committed Level of Service (LOS) of D. The potential impacts of a 9.9 acre commercial development could not be accommodated and would cause significant damage to the existing transportation network in the area. 5. Rezoning of the front portion of the site to a more limited commercial category (CO - Commercial Office or CN - Commercial Neighborhood) to accommodate limited commercial development without the potential for uncontrolled intensive development, would not be in conflict with the intent of the Comprehensive Plan and would not cause damage to the surrounding properties and neighborhood. Based on these findings, County staff recommends that the change in zoning to the CG, Commercial, General Zoning District, be denied. Staff has reviewed this petition and determined that it does not conform with the standards of review as set forth in the St. Lucie County Land Development Code and the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with the recommendation of denial. Please contact this office if you have any questions on this matter. Attachment hf cc: W.D. White File "11111rrt .,%00 S 2. Section 3.01.03 Zoning District Use Regulations CG COMMERCIAL, GENERAL Purpose The purpose of this district is to provide and protect an environment suitable for a wide variety of commercial uses intended to serve a population over a large market area, which do not impose undesirable noise, vibration, odor, dust, or offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with general commercial surroundings. The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. Permitted Uses a. Adjustment/collection & credit reporting services (2) b. Advertising (731) C. Amphitheaters (ees) d. Amusements & recreation services - except stadiums, arenas, race tracks, amusement parks and bingo parlors (7s) e. Apparel & accessory stores (ee) f. Automobile dealers (ss) g. Automotive rental, repairs & serv. (except body repairs) (751.753.754) h. Beauty and barber services V2W24) i. Building materials, hardware and garden supply (s2) j. Cleaning services 7us) k. Commercial printing (m) 1. Communications - except towers (oe) M. Computer programming, data processing & other computer serv. (737) n. Contract construction serv. (office & interior storage only) (15/16/17) o. Cultural activities and nature exhibitions (m) P. Duplicating, mailing, commercial art/photo. & stenog. serv. (.r33) q. Eating places (eal) r. Educational services - except public schools (ee) _ S. Engineering, accounting, research, management & related services (ee) t. Equipment rental and leasing services (s) U. Executive, legislative, and judicial functions (91192193NN9 IM117) v_, Farm labor and management services (07e) W. Financial, insurance, and real estate (e0161/QMIMMSS7) X. Food stores (s4) Y. Funeral and crematory services (rse) Z. Gasoline service stations (ss41) aa. General merchandise stores (s3) bb. Health services (eo) CC. Home furniture and furnishings (57) dd. Landscape & horticultural services (ope) ee. Laundry, cleaning and garment services (721) ff. Membership organizations - except for religious organizations as provided in Section 8.02.01(H) of this code (ee) gg. Miscellaneous retail (see SIC Code Major Group 59): (1) Drug stores (591) (2) Used merchandise stores (593) (3) Sporting goods (5941) Adopted August 1, 1990 118 Revised Through04/15/99 cm 3. 4 Section 3.01.03 Zoning District Use Regulations (4) Book & stationary o9426943) (5) Jewelry (5944) (6) Hobby, toy and games (s945) (7) Camera & photographic supplies (5946) (8) Gifts, novelty and souvenir (s947) (9) Luggage & leather goods (s9ae) (10) Fabric and mill products (5949) (11) Catalog, mail order and direct selling (s96,rs963) (12) Liquified petroleum gas (propane) (59s4) (13) Florists (s992) (14) Tobacco (s993) (15) News dealers/newsstands (s994) (16) Optical goods (s99e) (17) Misc. retail (See SIC Code for specific uses) (5999) hh. Miscellaneous personal services (see SIC Code Major Group 72): (1) Tax return services cmi) (2) Misc. retail (See SIC Code for specific uses) rrm) ii. Miscellaneous business services (see SIC Code Major Group 73): (1) Detective, guard and armored car services (739,) (2) Security system services vw) _ (3) News syndicate am) (4) Photofinishing laboratories (73s4) (5) Business services - misc. (73e9) jj. Mobile home dealers (s27) kk. Mobile food vendors (eating places, fruits & vegetables -retail) (999) 11. Motion pictures (s) mm. Motor vehicle parking - commercial parking & vehicle storage. (7sz) nn. Museums, galleries and gardens (ea) oo. Personnel supply'services 736) pp. Photo finishing services cane qq. Photographic services (m) rr. Postal services (43) ss. Recreation facilities (999) _ ft. Repair services (m uu. Retail trade -indoor display and sales only, except as provided in Section 7.00.00. c99s) vv. Social services: (1) Individual & family social services (&nw9) (2) Child care services (e3s) (3) Job training and vocational rehabilitation services (e33) ww. Travel agencies (ans) xx. Veterinary services (ola) Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. Adopted August 1, 1990 119 Revised Through04/15/99 Section 3.01.03 Zoning District Use Regulations 5. Off-street Parking and Loading Requirements Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses a. Adult establishments subject to requirements of Sec. 7.10.10. t999) b. Drinking places (alcoholic beverages) - free-standing. (Wi3) C. Disinfecting & pest control services. r,342 d. Amusement parks. (79%) e. Go-cart tracks. (7999) f. Hotels & motels. (7oi) g. Household goods warehousing and storage -mini -warehouses (999) h. Marina - recreational boats only. (4493) i. Motor vehicle repair services - body repair. (7w) j. Sporting and recreational camps. vom) k. Retail trade: (1) Liquor stores. (592) k. Stadiums, arenas, and race tracks. (794) I. Telecommunication towers - subject to the standards of Section 7.10.23 (999) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Drinking places (alcoholic beverages as an accessory use to a restaurant and/or civic, social, and fraternal organizations). b. Detached single-family dwelling or mobile home, (for on -site security purposes). C. Retail trade: _ (1) Undistilled alcoholic beverages (accessory to retail sale of food). Adopted August 1. 1990 120 Revised Through04/15199 (� 00 •--� •--� 00 V, 00 . ^ ^' lO .r .--i �O j .r 1 10 .--i � �t cn �O �!1 o 't d'' h V'1 V1 �',Y1 V1 \O 11 V1I �O v1 M v7 �A v1 h vl v1 N �n M jv) C, C') 01 � s O, CN O\ O\ O, m 0% O1 O M' C% C1 c n O� ! O, O\ O\ O, i m m CN M Nt O fV Nt M!'}' ��V' �hl�>� �0; �'N �t M '—trt 'cP!�t'� M ct I'ct M M! 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Aoa0i 0—of Oz O'O ON O,'Q mt a!vazai_aaa(wkwm00 cO70O'0 C. 0�IO h.00O NO w OO 0�"DZtnvv,a OON knr- %0O 10000v c- � N t- r--r t- v c-t Pi ; er3LG tom! � E A • 101 O rn Ix f �N zlA, .7 z` i y O vWi W I 1 ( OCIS 1c7F+ U3C7 O, z vV) t w A� >€u' x JIw M > a,� x j� "> 0 C)¢ o ~iq ;WO O�Fa� w a w 0 CC �w,0 a Uzi z¢' 3 a' Fcyr O; AI aOlv)�EW,3I¢ z,U;x>,zO oE w; O- m� Oz>7 Coil-, U � �,w m�Z�01 iix! 33AO o �O O l�'� 00 V1 N�o�l�o M O tzjeh 00, DO V1�01��0 !v, O O O�O O:O O O�O O O O,OjO 0 o 0 o:o o o O;o O o o0 0 0,0 0 0 0 o : 0 O O O O.O O O,OiO O O OIO O O O O o okolo N 0 o 'C8 00 01) =_ N E M_ :_ �_n �2 1'- 00 O_�O_ O O 0 0!O O N N N N O. O O o Oo O O Oi0 C. O O.O O O,O O O O OHO 00010,0000,000000000C. OOO OOO 0 0 .O o �-o o olo 0`o 0 o O�con lo O O O!O O C)Oi0;0 O CD o! O!O O 1 O O O O i0 ��M MIM.fn M en en! M M MIM M- en en,M M Mi.nien. *40l, *40W COUNTY COMMISSION REVIEW: JUNE 15,1999 AGENDA ITEM NO.4I DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Board of County Commissioners FROM: Julia Shewchuk, Community Development Director DATE: June 14, 1999 SUBJECT: Petition of W. D. White, for a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) and CN (Commercial, Neighborhood) Zoning Districts to the CG (Commercial, General) Zoning District The attached minutes are from the Planning and Zoning Commission meeting of May 20, 1999 and should be attached to Agenda Item 4I. Please call me if you have any questions. JS/jmr cc: County Administrator County Attorney File A PUBLIC HEARING - W.D.WHITE FILE NO. RZ-99-006 Chairman Wesloski stated that the Board will now reconvene as the Planning and Zoning Commission. Mr. Hank Flores presented staff comments. Mr. Flores stated that he was presenting the petition of W.D. White, for a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) and CN (Commercial, Neighborhood) Zoning Districts to the CG (Commercial, General) Zoning District for 9.9 acres of property located at 7701 Indrio Road. He stated that this property is further described as being on the South side of Indrio Road, approximately 1,200 feet west of Kings Highway. Mr. Flores stated that the surrounding zoning of the property to the south, east, and west is AG-1 (Agricultural - 1 du/acre). To the immediate west is U (Utilities) zoning. Further east is CG (Commercial, General) and CN (Commercial Neighborhood) zoning. To the north across Indrio Road the zoning is RS-4 (Residential, Single -Family - 4 du/acre). To the northwest across Indrio Road is I (Institutional) zoning. The northwest corner of the intersection of Indrio and Kings Highway is CN zoning and CG zoning is located on the other three corners of that intersection. Mr. Flores stated that the petitioner has requested this change in zoning in order to develop the property to its best use. Mr. Flores stated that staff has made the following findings: 1. The CG (Commercial, General) Zoning District contains permitted uses which, when maximized on this 9.9 acre site, would produce negative impacts on the area and create a land use that is out of character with the area in which it is located. 2. The requested rezoning to CG (Commercial, General) for the 9.9 acre site is inappropriate and incompatible with existing and proposed development of the Lakewood Park area. The potential uses of such property, because of the size of the parcel, would be in conflict with the County's Comprehensive Plan and would be detrimental to the future land development goals of St. Lucie County. 3. The requested rezoning of the 9.9 acre site conflicts with the purpose of the CG zoning district, which is, "to provide and protect an environment suitable for a wide variety of commercial uses intended to serve a population over a large market area, which do not impose undesirable noise vibration, odor, dust, or offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with general commercial surroundings." Large and incompatible commercial uses on large parcels Planning & Zoning Commission/ May 20, 1999 Local Planning Agency exceeds the intent of this zoning district and would cause damage to neighborhood areas if permitted to develop at this location. 4. Kings Highway to the north of Indrio Road operates at an existing and committed Level of Service (LOS) of D. The potential impacts of a 9.9 acre commercial development could not be accommodated and would cause significant damage to the existing transportation network in the area. 5. Rezoning of the front portion of the site to a more limited commercial category CO (Commercial, Office) or CN (Commercial, Neighborhood) to accommodate limited commercial development without the potential for uncontrolled intensive development, would not be in conflict with the intent of the Comprehensive Plan and would not cause damage to the surrounding properties and neighborhood. Mr. Flores stated that staff has reviewed this petition and determined that it does not conform with the standards of review as set forth in the Land Development Code and the Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with the recommendation of denial. Chairman Wesloski asked if there were any questions for Mr. Flores. Ms. Dreyer stated that she has a question regarding procedure. She referenced the question of land use that was addressed prior to this agenda item where they decided to forward it as denial, and said she wondered how a change in rezoning is usually handled when presented to the Board in the same evening. Mr. Kelly stated that it is his understanding that they must make a recommendation on this agenda item as well because both need to go before the Board of County Commissioners. He stated that he believes to make anything other than a recommendation of denial would be inconsistent with their prior action, but they both need to go forward and that is how they have been handled in the past. Ms. Dreyer stated that the County Commission may make a different decision than this Board is recommending, and in that case it may be appropriate to consider what should happen to this property if a land use change has been made on this property. She stated that she does not want to send it on as denial and not discuss the zoning if it is before them today in the event that the County Commission comes to a different conclusion. Ms. Young stated that she agrees and that they should be looking at both separately. She stated that they should make a decision on the rezoning as if the land use change had occurred. Chairman Wesloski asked Mr. Kelly if they could do something with this piece of land. Mr. Kelly stated that in finding #5, presented by Mr. Flores a few minutes ago, was the attempt by staff to leave the door open because staff recognizes the problem. He stated that he does not think Planning & Zoning Commission/ May 20, 1999 Local Planning Agency that it is appropriate to rezone the entire depth of the property to Commercial, General, but along the frontage of Indrio Road, especially between the Commercial to the east and the Substation to the west. In recognizing that a grove is on the back portion of the property, staff did attempt to leave the door open to go to CO (Commercial, Office) or CN (Commercial, Neighborhood). Half of that frontage is already zoned CN (Commercial, Neighborhood). He does not know if that meets the needs or desires of Mr. White. He stated that he does not really have a recommendation. Chairman Wesloski asked Mr. Kelly to clarify his recommendation. Mr. Kelly stated that his recommendation would have been at the same depth as the existing CN (Commercial, Neighborhood), but certainly the depth is open to discussion. Chairman Wesloski stated that Mr. White had mentioned the depth of the Substation. Chairman Wesloski asked if there were any other questions for staff. Mr. Grande stated that he thinks that this is a similar condition as before when what is being requested is not exactly what the petitioner wants to use the land for and the solution that Mr. Kelly has proposed would have been a more appropriate petition for the Board to be reviewing. He stated that be believes just as the prior one was denied would allow the petitioner to come back with what does make sense based on what he would like to do. Mr. Kelly stated that a denial would allow him to come back with either a CO (Commercial, Office) or CN (Commercial, Neighborhood) because both of them are subsets of CG (Commercial, General). He stated that the Board could also recommend approval tonight without having to readvertise. Chairman Wesloski stated yes they could on the whole piece, but could they change the legal description. Mr. Kelly stated that they could recommend it on a portion of the advertised piece. Chairman Wesloski stated that Mr. White had expressed a desire for self storage and was wondering if you could do that in CN (Commercial, Neighborhood) and CO (Commercial, Office). Mr. Kelly said that you can not do it in CN (Commercial, Neighborhood) or CO (Commercial, Office) and can currently do it in CG (Commercial, General), but the Board will be considering an Ordinance change later this evening which could delete this use from CG (Commercial, General). Chairman Wesloski asked if there were any further questions. Chairman Wesloski said that she would like to make a comment. She stated that she believes that the prior one was different than what they are dealing with now (the petition earlier in the evening when the petitioner wanted something different than what was officially requested) in being that the last one was in a primarily residential neighborhood. Planning & Zoning Commission/ May 20, 1999 Local Planning Agency Ms. Dreyer stated that she would agree with Chairman Wesloski in that this is a totally different situation. She stated that the applicant has indicated that he did not want CG (Commercial, General) on the whole parcel, yet this is what they have before them. She stated that does not know whether they can separate these applications tonight and asked that staff and the applicant get together on the appropriate zoning for the parcel and bring it back at a different meeting. She stated that she believes that it is too complicated to do tonight and then forward both recommendations to the County Commission for public hearing. She stated that she could not support CG (Commercial, General) on the entire parcel, which they have before them today, she could support rezoning it to some sort of Commercial use on the frontage portion of the parcel, perhaps to the depth of the Substation. Chairman Wesloski asked if there were any other questions. Chairman Wesloski asked Mr. White to come forward. Chairman Wesloski asked Mr. White if he is only requesting the rezoning to the depth of the Substation. Mr. White stated that he would like the depth to go to that of the Florida Power and Light, which he was told was about 600 feet. Chairman Wesloski asked Mr. White what he would like to do in the two buildings. Mr. White stated that there would be 22 units in each building, for a total of 44 storage rentals. Chairman Wesloski asked Mr. Kelly if that could only be done in CG (Commercial, General). Mr. Kelly stated that it can be done in CG (Commercial, General) and some of the Industrial areas that are not under discussion this evening. He also restated that later this evening, the Board will be considering an item that may remove warehousing from CG (Commercial, General). Chairman Wesloski stated to Mr. White that none of the zonings that are proposed to him this evening would allow him to have storage rental on the property. Mr. White stated that he did not see how the Board could deny him this. Chairman Wesloski stated that if he were to do storage, he would have to change his request that is before the Board this evening. Mr. Kelly stated that Ordinance 99-015 has not been changed yet, at this moment warehouses are still allowed in CG (Commercial, General). Chairman Wesloski asked Mr. Kelly if Mr. White could amend his request to the depth of the Substation. Planning & Zoning Commission/ May 20, 1999 Local Planning Agency M Mr. Kelly stated yes. Chairman Wesloski explained to Mr. White that he could change his request to that. Mr. White stated that is what he would like to do. Chairman Wesloski asked Mr. White if he would like the Board to look at rezoning the parcel to the depth of the Substation or the whole piece of land. Mr. White stated just to the Substation. Chairman Wesloski asked if there were any other questions. Ms. Dreyer stated that she thinks the applicant and staff need to discuss this. She stated that Land Use hearing is already closed and she does not see how this hearing and that one relate to each other and perhaps an amendment there is needed before it goes before the County Commission. Chairman Wesloski stated that she believes it can still go forward. Ms. Dreyer stated that she is not certain what the applicant wants to do on the whole parcel. Mr. Grande stated that he agrees with Ms. Dreyer. He believes that their is good intention behind this, but that the petitioner is not ready to be before the Board at this time. He thinks that the petition is not sychronized with staff and he recommends they get together and discuss this further. Chairman Wesloski said that she has reservations with that because they have been talking for two to three years. Chairman Wesloski asked if there were any further questions. At this time, Chairman Wesloski opened the public portion of the hearing. Chairman Wesloski asked if there was anyone that would like to speak in favor of this petition. Chairman Wesloski asked if there was anyone that would like to speak in opposition to this petition. Hearing no comments in favor or in opposition to the petition, Chairman Wesloski closed the public .portion of the hearing. Chairman Wesloski asked if there were any further questions for Mr. White. Chairman Wesloski asked what was the pleasure of the Board. After considering the testimony presented during the public hearing, including staff comments, and Planning & Zoning Commission/ May 20, 1999 Local Planning Agency Now the standards of review as set forth in Section 11.06.03, St. Lucie County Land Development Code, Ms. Dreyer moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners deny the application of W. D. White for a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) and CN (Commercial, Neighborhood) Zoning Districts to the CG (Commercial, General) Zoning District. Mr. Grande seconded the motion. Chairman Wesloski asked if there was any discussion. Chairman Wesloski stated that she believes if the Board proceeds with this vote, the record should show that the Board was confused. Ms. Dreyer stated that she would like to amend her motion to recommend CG (Commercial, General) on the front parcel, but that she is not sure what to do with the rest of the parcel and if staff has any suggestions, she would amend her motion. She asked Mr. Kelly if they could leave the end of the parcel without a recommendation for a zoning change once they've changed the land use. She asked Mr. Kelly if it can remain in its existing zoning. Mr. Kelly stated that typically if the land use is changed, the zoning is changed to something compatible with the land use, which could be something less intense than commercial zonings. Ms. Dreyer stated that her motion stands. Upon roll call, the motion was approved, 5-2, with Mr. Merritt and Mr. Moore voting in opposition. Chairman Wesloski said that the petition would be forwarded to the Board of County Commissioners with a recommendation of denial. Planning & Zoning Commission/ May 20, 1999 Local Planning Agency on AGENDA REQUEST *."w ITEM NO.� DATE: June 15, 1999 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Robert O. Freeman, Esq. SUBJECT: Resolution No. 99-153 - Providing for the Acquisition and Establishment of a Separate Water and Sewer System - Holiday Pines; Providing for the Issuance of Holiday Pines Water and Sewer System Revenue Bonds BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve Resolution No. 99-153 as drafted. COMMISSION ACTION: [ J PPROVED [ ] DENIED [ \,]�OTHER: Pulled County Attorney: i 43, p S W'l Review and Approvals Management & Budget Originating Dept. Other: Finance: (Check for Copy only, if applicable) CONCURRENCE: Do s Anderson County Administrator Purchasing: Other: Eff. 5/96 { RESOLUTION NO. 99 153 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, PROVIDING FOR THE ACQUISITION AND ESTABLISHMENT OF A SEPARATE WATER AND SEWER SYSTEM IN THE AREA OF THE COUNTY KNOWN AS HOLIDAY PINES AND THE CONSTRUCTION OF ADDITIONS, EXTENSIONS AND IMPROVEMENTS THERETO; PROVIDING FOR THE ISSUANCE OF HOLIDAY PINES WATER AND SEWER SYSTEM REVENUE BONDS FROM TIME TO TIME TO FINANCE THE FUNDING AND REFUNDING OF CAPITAL PROJECTS WITH RESPECT TO SUCH SYSTEM; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $ $6,150,000 SERIES 1999 BONDS TO FINANCE THE COST OF ACQUISITION OF THE SYSTEM AND OF THE 1999 PROJECT; PROVIDING FOR THE PAYMENT THEREFOR; PROVIDING FOR THE RIGHTS, SECURITY, AND REMEDIES OF THE REGISTERED OWNERS OF SUCH BONDS; FIXI:N —T:149 ITI A r 54"T'DI" E--Or PATES, FEES-- AND CHARGES FOR THE SYSTEM BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: ARTICLE I STATUTORY AUTHORITY, DEFINITIONS, AND FINDINGS SECTION 1.01. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of Chapter 125, Part I, and Chapter 153, Part I, Florida Statutes, County Ordinance No. 87-77, and other applicable provisions of law. SECTION 1.02. DEFINITIONS. In this Resolution: "Accounting Principles" means generally accepted account principles and practices applicable to governmental entities, including those applicable to governmentally owned and operated utility systems such as the System. "Accreted Value" means, with respect to any Series of Capital Appreciation Bonds as of any date, the amounts representing principal and accrued interest on Capital Appreciation Bonds as of such date, which shall be determined by reference to the Table of Accreted Values. "Acquisition" means the purchase of the property constituting the System pursuant to the Acquisition Agreement. "Acquisition Agreement" means the ; gfeome t of and Saie Holiday Pines ervice Corp. Utilitv Svstem Asset Transfer Agreement between the County and Holiday Pines ervices Corp., dated June 8, 1999. "Act" means Chapter 125, Part I, and Chapter 153, Part I, Florida Statutes, County Ordinance No. 87-77, and other applicable provisions of law. "Additional Parity Bonds" means any obligations or portions thereof of the County that may be issued pursuant to the terms and conditions of this Resolution, which are payable from the Pledged Revenues on a parity with the 1999 Bonds. "Amortization Installment" means, with respect to each maturity of Term Bonds of any Series, the principal amounts (or Maturity Amounts) of such Term Bonds to be retired in consecutive years by mandatory redemption from the applicable Bond Amortization Account within the Sinking Fund; provided, that (i) each such Amortization Installment shall be deemed to be due on the Interest Payment Date or Principal Maturity Date of each applicable year as is fixed by resolution of the Board and (ii) the aggregate Qf such installments for each maturity of Term Bonds shall equal the aggregate principal amount or, if applicable, the Maturity Amounts at maturity, of Term Bonds of such maturity delivered on original issuance. "Authorized Investments" means securities or obligations which are legal investments for municipal funds under the provisions of Section 125.31, Florida Statutes, except as limited by resolution, ordinance or agreement of the County. "Board" means the Board of County Commissioners, as the governing body of the County. "Bond Counsel" means a firm of attorneys selected by the County who are nationally recognized in the field of municipal finance law seleeted by the Ceiinty and whose opinions are generally accepted by underwriters and other purchasers of obligations issued by state and local governments. "Bond Register" means the books kept and maintained by the Registrar for the registration and transfer of Bonds pursuant to Article II hereof. "Bond Year" means each twelve-month period beginning the day after a Principal Maturity Date. "Bonds" means the 1999 Bonds, and any Additional Parity Bonds. "Book -Entry Form" or "Book -Entry System" means a form or system, as applicable, under which (i) Bonds are issued to a Depository or to its nominee, as Registered Owner, (ii) Bonds are held by and "immobilized" in the custody of such Depository, and (iii) records are maintained by the Depository and/or other persons to identify and record the transfer of beneficial interests in the Bonds. 2 30360 4 RED/STL000709/R•A UTH %ftd' 1%.% i. "Business Day" means any day of the year on which banks in the jurisdiction of the County or in any of the cities in which the designated office of the Paying Agent or the principal office of any Credit Facility Issuer are located, are not required or authorized by law to remain closed, and on which the Paying Agent and any Credit Facility Issuer and the New York Stock Exchange, Inc., are open for business. "Capital Appreciation Bonds" means Bonds, the interest on which shall be (i) compounded on a periodic basis, (ii) payable only at maturity or upon prior redemption, and (iii) determined by reference to the Table of Accreted Values. "Capital Facilities Charges" means any fees or charges which are related to acquiring, constructing, equipping or expanding capacity and facilities of the System, including, but not limited to, excess capacity not related to facilities of the System used by current consumers, if any, existing at the time of acquisition of the System, and which are levied or collected by the County on or from any governmental body, utility company, real estate developer, or other Person, for the purpose of reserving capacity in the System, connecting to the System, or paying or reimbursing any capital cost relating to such acquisition, construction, expansion or equipping of excess and unused capacity of the System or any expansion thereof, including Connection Charges but excluding: (1) amounts received from the sale of water; (2) amounts received for the acceptance, treatment, reuse, or disposal of wastewater; (3) meter installation fees; (4) Guaranteed Revenue Fees; and (5) other revenues constituting operating revenues (as any of the foregoing items are defined under the Uniform Service and Extension ley Policies of the County with respect to the System); in each case to the extent the same are lawfully available for the acquisition and construction of Expansion Facilities and for the payment of Capital Facilities Charges Debt Service Components. "Capital Facilities Charges Debt Service Component" means, as of any particular date of calculation, for any Series of Bonds additionally secured by Capital Facilities Charges, an amount of Capital Facilities Charges determined by (1) multiplying the aggregate Debt Service Requirements for such Series by the applicable Expansion Percentage, and (2) subtracting from the product so obtained all amounts previously transferred from the Capital Facilities Charges Fund to the Sinking Fund )including the Bond Amortization Account therein) pursuant to the provisions of Section 3.03 hereof. "Code" means the Internal Revenue Code of 1986, as amended, including, when appropriate, the statutory predecessor of the Code, and all applicable regulations (whether proposed, temporary or final) under that Code and the statutory predecessor of the Code, and any official rulings and judicial determinations under the foregoing applicable to the Bonds. "Connection Charges" has the meaning set forth in the Uniform Service and Extension ley Policies of the County for the System. "Consulting Engineers" means such qualified, and recognized consulting engineers, (a) having a favorable reputation for skill and experience in the planning, construction, operation and financial feasibility of facilities similar to that of the System, (b) registered in the State, and 3 303604 RE D/STL000709/R-A UT H (c) at the time retained by the County as an independent contractor to perform the acts and carry out the duties as herein provided for such Consulting Engineers. "County" means St. Lucie County, Florida, a political subdivision of the State of Florida. "Covenant" means the covenant contained in Section 3.03(G) hereof to budget and appropriate from Non Ad Valorem Revenues. "Credit Facility" means, with respect to any Series, any municipal bond insurance policy, a letter of credit, surety bond, guarantee, or other agreement under which any Person other than the County guarantees timely payment of the principal of and interest on all or a portion of such "Credit Facility Issuer" means a Person which has provided a Credit Facility or a Reserve Account Credit Facility. With respect to the 1999 Bonds, the Credit Facility Issuer is MBIA Insurance Corporation. "Current Interest Bonds" means Bonds, the interest on which shall be payable on a periodic basis. "Debt Service" means, for any period or at any time, the principal of, premium, if any, and interest due on the Bonds for that period or at that time, whether at maturity or redemption or otherwise. "Debt Service Requirement" means, for any Bond Year, as applied to the Bonds of any Series, the sum of: (1) the amount required to pay the interest becoming due on the Current Interest Bonds in such Bond Year; (2) the amount required to pay the principal of Current Interest Bonds maturing in such Bond Year; (3) the amount required to pay the Maturity Amount of Capital Appreciation Bonds payable in such Bond Year; and (4) -the amount of the Amortization Installment for Term Bonds payable in such Bond Year. In calculating the Debt Service Requirement for any period for any Series: (A) the County shall deduct from the amounts calculated in Subparagraphs (1) through (4) above: (a) any accrued interest received from the sale of such Series and deposited into the Sinking Fund, (b) any capitalized interest deposited into the Sinking Fund for such n W 3036v3-4RED/STL000709/R•AUTH %01/ P period from the proceeds of the sale of such Series or otherwise (and, while any Bonds are supported by a Credit Facility, held by a bond trustee or paying agent having combined capital, surplus and undivided profits of at least $50,000,000, or approved by the Credit Facility Issuer, as agent for the Registered Owners and invested in Federal Securities); and (c) any Investment Earnings (i) required to be transferred to the Sinking Fund and accounts established therein with respect to such Series and (ii) required to be retained therein. (B) the interest due in any ensuing Bond Year on Variable Rate Bonds shall be assumed to be one hundred ten percent (110%) of the greater of (a) the daily average interest rate on such Variable Rate Bonds during the twelve (12) months ending with the month preceding the date of calculation, or such shorter period that such Variable Rate Bonds shall have been outstanding, or (b) the rate of interest on such Variable Rate Bonds on the date of such calculation; and (C) the stated maturity date of any Term Bonds shall be disregarded and the Amortization Installments applicable to such Term Bonds in such Bond Year shall be deemed to mature in such Bond Year. "Defeasance Obligations" means: (1) Federal Securities; and (2) obligations described in Section 103(a) of the Code, provision for the payment of the Debt Service on which shall have been made by the irrevocable deposit with a bank or trust company (which is a member of the FDIC and which has a combined capital, surplus and undivided profits of not less than $50,000,000) acting as a trustee or escrow agent for holders of such obligations, of securities described in clause (1) above, the maturing principal of and interest on which, when due and payable, will provide sufficient moneys, without reinvestment, to pay when due Debt Service on such obligations, and which securities described in clause (1) above are not available to satisfy any other claim, including any claim of the trustee or escrow agent or of any person claiming through the trustee or escrow agent or to whom the trustee or escrow agent may be obligated, including, in the event of the insolvency of the trustee or escrow agent, any proceedings arising out of such insolvency, and which are rated "AAA" by Moody's and "Aaa" by S&P. "Expansion Facilities" means additions, extensions and improvements to the System, together with all lands or interests therein, including plants, buildings, machinery, pipes, mains, fixtures, equipment, franchises, rights to water, wastewater or gas service and all property, real or personal, tangible or intangible, heretofore or hereafter constructed or acquired in order to meet the increased demand upon the System, whether actual or anticipated, created by new users connecting to the System, and shall expressly include that portion of the 1999 Project attributable to unused capacity as described in the Project Certificate relating to the Series 1999 Bonds. "Expansion Percentage" means, with respect to any Series of Bonds, the fraction equal to that portion of the aggregate of the Debt Service Requirements for such Series that is attributable 5 3 0 3 6 0.4 RE O/ s T L 000709/ R -A UT H *%.V 6, to Expansion Facilities, if any, as shall be determined by the Independent Consultant and as set forth in the Project Certificate relating to such Series. "Facilities" means all of the physical assets of the System, and all parts thereof, existing at the time of its acquisition by the County, and also any physical assets which may thereafter be added to the System, or any part thereof, by any additions, replacements, betterments, extensions, improvements thereto, and property of any kind or nature, real or personal, tangible or intangible, hereafter constructed or acquired in connection with the System. "Federal Securities" means direct, noncallable obligations of the United States of America or obligations on which the timely payment of principal and interest is fully and unconditionally guaranteed by the United States of America. "Fiscal Year" means the period commencing on October 1 of each year and ending on the succeeding September 30, or such other period as may be prescribed from time to time as the fiscal year for the County. "Fitch" means Fitch Investors Service, New York, New York, or any successor thereto. "Futures" means payments referred to as such in, and made pursuant to,_ Section —3.03(B) of, the Acquisition Agreement. "Gross Revenues" means all fees, rentals or other charges or other income, (a) including (i) Guaranteed Revenue Fees and (ii) Investment Earnings required to be deposited into the Revenue Fund herein created, and (b) excluding (i) Capital Facilities Charges and (Investment Earnings thereon), and (ii) Net Proceeds of Insurance or Condemnation and (Investment Earnings thereon), received by the County in connection with the System, or accruing to the County or to any other board or agency of the County in control of the management and operation of the System, all as calculated in accordance with Accounting Principles. "Guaranteed Revenue Fees" has the meaning set forth in the Uniform Service and Extension Paiiey Policies of the County for the System. "Holiday Pines Services Corp." means Holiday Pines Services Corporation, a Florida corporation, having its principal place of business in Tampa, Florida. "Independent Certified Public Accountants" means the firm of certified public accountants (i) licensed to practice public accounting in the State, and (ii) retained by the County as independent contractors for the purpose of auditing the books and records of the County, including those relating to the Pledged Revenues, and performing such other functions as are specified in this Resolution. "Independent Consultants" means such firm or firms, consisting of or employing, registered professional engineers, architects, utility and rate consultants, or other professionals (i) having a favorable reputation for the design, maintenance and operation of facilities such as the System, and (ii) engaged by the County as independent contractors to perform the tasks set forth 6 3036v3-4 RE D/STL000709/R-AUTH r to be performed by such Independent Consultant by the provisions of this Resolution or by other official action of the County, and shall include, where applicable, the Consulting Engineers. "Interest Payment Date" means, with respect to any Series, (a) any date on which interest is stated to be due on the Current Interest Bonds, as determined by subsequent resolution of the Board adopted at or prior to the time of sale of such Series, and (b) any date on which interest becomes due thereon on account of early redemption thereof or on account of the happening of an event which under the terms of the Bonds, requires a payment of interest to be made thereon. "Investment Earnings" means the income or earnings on investment of moneys in the funds and accounts created hereunder. "Maturity Amounts" means, with respect to any Capital Appreciation Bonds, the amounts representing principal and interest on such Capital Appreciation Bonds at maturity. "Maximum Debt Service Requirement" means, as of any particular date of calculation, the Debt Service Requirement for the then current or any future Bond Year which is greatest in dollar amount with respect to all Outstanding Bonds of the particular Series of Bonds, or all Bonds, as the case may be. "Moody's" means Moody's Investors Service, Inc., New York, New York, or any successor thereto. "Net Proceeds of Insurance or Condemnation" means the gross proceeds of insurance coverage maintained with respect to the System or any eminent domain award or payment in lieu of eminent domain award in connection with condemnation of any property to be included as part of the System, less payment of attorneys' fees and expenses properly incurred in the collection of such amounts. "Net Revenues" means the Gross Revenues remaining after deducting only Operating Expenses. "Non Ad Valorem Revenues" means all or any specified portion of the revenues of the County derived from sources other than ad valorem taxation and legally available to pay the Debt Service on the Bonds. "Operating Expenses" means the current expenses, paid or accrued, of operation, maintenance and repair of the System and its Facilities and includes, without limiting the generality of the foregoing, (i) direct charges by the County for services rendered to the System by other County officers or departments, (ii) insurance premiums, (iii) charges for the accumulation of appropriate reserves not annually recurrent but which are such as may reasonably be expected to be incurred in accordance with Accounting Principles, and (iv) the cost of product and services purchased by the System for resale to customers of the System in lieu of providing such product and services by the System directly. "Operating Expenses" shall not include (i) any allowance for depreciation or other non -cash expenses, except to the extent expressly herein provided, (ii) any payments pursuant to any condemnation award in connection 7 1036v34 RED/STL000709iR-AUTH `.r with the acquisition of any property to be included as part of the system or (iii) indirect charges, payments -in -lieu of taxes, or other charges not directly for product or services furnished to the System. In determining Operating Expenses, there shall not be taken into account: (a) gain or loss resulting from either the extinguishment or refinancing of any Series or other long-term indebtedness; (b) loss from the sale, exchange or other disposition of capital assets not made in the ordinary course of business; and (c) capital expenditures for renewal, replacement, expansion or acquisition of capital assets (including any deposits or reserves therefor). "Outstanding" means as applied to Bonds, as of any applicable time, all Bonds which have been authenticated and delivered, or which are being delivered, under this Resolution, except: (a) Bonds cancelled upon surrender, exchange or transfer, or cancelled after purchase in the open market or because of payment at or redemption prior to maturity; (b) Bonds, or portions thereof, which are considered no longer Outstanding pursuant to Section 6.04 hereof, (c) Bonds, or portions thereof, which are deemed paid upon the redemption or maturity thereof for which moneys sufficient to pay the Maturity Amount or Redemption Price thereof have been deposited with the Paying Agent; provided that, if such Bonds are to be redeemed before the maturity thereof, the Board shall have adopted a resolution calling such Bonds for redemption and directing the Registrar to mail notice of redemption to the Owners of Bonds so called for redemption; (d) . Bonds in lieu of which other Bonds have been issued under Section 2.06 or 2.07 hereof. For purposes of voting, giving directions and granting consents, Bonds held by the County or by an agent of the County shall not be deemed Outstanding. --Paying Agent" means the person who is serving as Registrar and, where the contest so requires, shall include any co -paying agent appointed as provided in this Resolution. "Person" or words importing persons, means firms, associations, partnerships (including without limitation, general and limited partnerships), joint ventures, societies, estates, trusts, corporations, public or governmental bodies, other legal entities and natural persons. "Pledged Revenues" means (i) the Net Revenues and (ii) the Capital Facilities Charges (in an amount not to exceed the Capital Facilities Charges Debt Service Component) and (iii) the moneys on deposit in the funds and accounts established hereunder (except the moneys required for the payment of Operating Expenses and the moneys in the Escrow Account in the Project Fund) until expended for the purposes provided herein. "Principal Maturity Date" means with respect to any Series, the annual or other periodic date on which (i) principal matures on the Current Interest Bonds or (ii) Maturity Amounts are 8 30360-4 RED/STL000709/R.A U TH `W1 -W payable on Capital Appreciation Bonds, as determined by subsequent resolution of the Board adopted at or prior to the sale of such Series and, in each case, includes applicable dates on which Amortization Installments are required to be applied to retire Term Bonds. .'Project" means the acquisition and construction of additions, extensions and improvements to the System and all purposes incidental thereto, substantially in accordance with reports, plans, and specifications of the County's Independent Consultant filed with the County, and, with respect to any particular Series, may have such meaning specified in the related authorizing resolution with respect to any portion of the Project to be financed thereby. "Project Certificate" means the certificate of the Independent Consultant filed with the County at or prior to the date of delivery of any Series of Bonds and setting forth (i) the estimated total cost of the Project to be constructed with the proceeds of such Bonds, (ii) the estimated cost of the Expansion Facilities portion of the Project, (iii) the Expansion Percentage, and (iv) the Capital Facilities Charges Debt Service Component. "Project Costs" means, but shall not necessarily be limited to: the cost of the Acquisition and the establishment of the System as a separate utility system of the County, and the construction and acquisition of additions, extensions, and improvements thereto; the acquisition of any lands or interests therein or any other properties deemed necessary or convenient therefor; engineering, accounting, and legal fees and expenses; expenses for plans, specifications and surveys; expenses for estimates of costs and of revenues; the fees and expenses of fiscal agents, financial advisors and consultants; administrative expenses; the capitalization of interest on Bonds for a reasonable period of time after the date of issuance and delivery thereof, the establishment of reasonable reserves for the payment of debt service on Bonds; discount upon the sale of Bonds; the expenses and costs of issuance of Bonds; the cost of purchasing any Credit Facility or Reserve Account Credit Facility with respect to Bonds; such other expenses as may be necessary or incidental to financing pursuant to this Resolution, to the Acquisition, to any Project, and to the placing of the same in operation; and reimbursement to the County for any sums expended for the foregoing purposes. In connection with any particular Series, Project Costs means those of the foregoing costs which are to be paid or financed by proceeds of such Series. "Rating Agency" means Fitch, Moody's, and/or S&P,' if and to the extent that such company at the time maintains a published rating on any Bonds. "Rating Category" means the established rating categories of the applicable Rating Agency (such as "AAA" with regard to Fitch, "aa", "baa" and "P-1" with regard to Moody's, and "AA", "BBB" and "A-l" with respect to S&P) without regard to modifiers such as pluses and minuses. "Record Date" means, when used with respect to any Series, the fifteenth day of the calendar month next preceding an Interest Payment Date applicable to that Series, or such other date as may be specified by subsequent resolution of the Board. G11 3036 v 3 -a R E D/ STL 000709/ R-A UT H r 0 "Redemption Date" means any date as of which Bonds are called for redemption prior to maturity. "Redemption Price" means the sum, expressed as a percentage of the principal amount of Bonds to be redeemed, to be paid to the Registered Owners of any Bonds upon the Redemption Date. "Registered Owner" or "Owner" means any Person who shall be the owner of any Outstanding Bond or Bonds as shown on the Register maintained by the Registrar. "Registrar" means the keeper of the Register for the applicable Series, designated by the County. "Renewal and Replacement Fund Requirement" means an amount, determined as of the beginning of each Fiscal Year, equal to one -twelfth (1/12) of five percent (5%) of the Gross Revenues (excluding Guaranteed Revenue Fees) for the preceding Fiscal Year. "Reserve Account Credit Facility" means a municipal bond insurance policy, surety bond, guarantee or other agreement which provides for payment of amounts equal to all or any portion of the Reserve Account Requirement in the event of an insufficiency of moneys in the Sinking Fund to pay when due principal of and interest on a Series. "Reserve Account Credit Facility Costs" means the amounts the County is required to pay to the Reserve Account Credit Facility Issuer as a result of a draw thereunder or otherwise pursuant to such Reserve Account Credit Facility or any related agreement. "Reserve Account Credit Facility Coverage" means the amount then available to be paid to the Paying Agent under the terms of the Reserve Account Credit Facility at any particular time. "Reserve Account Requirement" means, for any Series or installment of Bonds or for all Bonds, as the case may be, as of any date of calculation, the lesser of (i) the Maximum Debt Service Requirement, or (ii) the maximum amount permitted under the Code as a reasonably required reserve or replacement fund. "Reserve Account Value" means the aggregate of the Reserve Account Credit Facility Coverage and the value of moneys and Authorized Investments allocated to the Reserve Account. "S&P" means Standard & Poor's Corporation, New York, New York, or any successor thereto. .,Serial Bonds" means any Current Interest Bonds or Capital Appreciation Bonds for the payment of the principal of which, no fixed mandatory sinking fund or redemption deposits are required to be made prior to the 12-month period immediately preceding the stated date of maturity of such Bonds. 10 3036v 3 •r RE DISTL000709/R•.A UT H a "Series" means an amount of Bonds designated by the County as a single series, which may be issued in one or more installments. --State" means the State of Florida. "Subordinated Bonds" means any obligations issued or incurred by the County and payable from the Pledged Revenues which are junior and subordinate to any Bonds issued pursuant to this Resolution as to security for payment from such Pledged Revenues and in all other respects. "System" means the utility system comprised of the Water System and Wastewater System to be established in the area of the County known as Holiday Pines, or if the context shall so require, the separate Water System and Wastewater System, together with any additional Facilities included by subsequent action of the Board. "Table of Accreted Values" means, with respect to any Capital Appreciation Bonds, the table which shows the sum of the principal and interest on such Bonds as of each Interest Payment Date. "Term Bonds" means the Current Interest or Capital Appreciation Bonds of a Series, all of which shall be stated to mature on one date and which are subject to retirement by operation of the applicable Bond Amortization Account in the Sinking Fund. "Uniform Service and Extension "Policies" means the pe4ry policies for the extension of services and facilities; of the System implemented pursuant to Resolution No. 99-106 adopted by the Board on May 18, 1999. "Variable Rate Bonds" means Bonds, the interest rate on which is subject to adjustment at such times and in such manner as shall be determined by the Board prior to the sale thereof. "Wastewater System" means the system for the collection, treatment and discharge/reuse of wastewater, to be acquired from Holiday Pines Services Corp. located in St. Lucie County, Florida, as particularly described in the report of Lindahl, Browning, Ferrari & Hellstrom, Inc., dated , and filed with the County, together with any additions, extensions and improvements thereto, both within and without the boundaries of the County, hereafter constructed or acquired and determined by the County to be added thereto, either from the proceeds of Bonds authorized by this Resolution or from any other source, and shall include, without being limited to, all facilities for the collection, treatment and discharge/reuse of wastewater, including plants, buildings, machinery, franchises, pipes, fixtures, equipment and all property, real or personal, tangible or intangible, now or hereafter owned or used in'connection with the Wastewater System. "Water System" means the water production, treatment and distribution system, to be acquired from Holiday Pines Services Corp. located in St. Lucie County, Florida, as particularly described in the report of Lindahl, Browning, Ferrari & Hellstrom, Inc., dated , 3036v 3.4 RE D/ST1A00709/ R-A UTH 11% / *. w and filed with the County, together with any additions, extensions and improvements thereto, both within and without the boundaries of the County, hereafter constructed or acquired and determined by the County to be added thereto, either from the proceeds of Bonds authorized by this Resolution or from any other source, and shall include, without being limited to, all facilities for the production, treatment, supply and distribution of water, including wells, mains, pumping stations, tanks, machinery and equipment, plants, buildings, franchises, and all property, real or personal, tangible or intangible, now or hereafter owned or used in connection with the Water System. "1999 Bonds" means the St. Lucie County Holiday Pines Water and Sewer System Revenue Bonds, Series 1999, originally issued pursuant to this Resolution. M, "1999" Credit Facility Issuer" means MBIA Insurance Corporation. "1999 Project" means the acquisition and construction of additions, extensions and improvements to the System, in accordance with the report of Lindahl, Browning, Ferrari & Hellstrom, Inc., dated , SECTION 1.03. INTERPRETATION. Any reference herein to the County, to the Board or to any member or officer of either, includes entities or officials succeeding to their respective functions, duties or responsibilities pursuant to or by operation of law or lawfully performing their functions. Unless the context clearly indicates otherwise, any reference to a section or provision of the Constitution of the State or the Act, or to a section, provision or chapter of the Laws of Florida or the United States of America, includes that section, provision or chapter as amended, modified, revised, supplemented or superseded from time to time; provided, that no amendment, modification, revision, supplement or superseding section, provision or chapter shall be applicable solely by reason of this provision, if it constitutes in any way an impairment of the rights or obligations of the County, the officers, employees and members of the Board, the Registrar, the Payirrg Agent, the Registered Owners, or any Credit Facility Issuer under this Resolution, the Bonds, or any other instrument or document entered into in connection with any of the foregoing. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this Resolution; and the term "hereafter" means after and the term 12 ;036v3-4RED/STL000709/R-AUTH "heretofore" means before the date of this Resolution. Words of any gender include the correlative words of the other genders, unless the context indicates otherwise. SECTION 1.04. CAPTIONS. The captions and headings herein are solely for convenience of reference and in no way define, limit or describe the scope or intent of any Articles, Sections, subsections, paragraphs, subparagraphs or clauses hereof. SECTION 1.05. FINDINGS. It is hereby ascertained, determined, and declared as follows: (A) The Board has previously determined pursuant to Section 125.3401, Florida Statutes( n�, that it is necessary and in the best interests of the health, safety, and welfare of the County and its inhabitants that the County undertake the Acquisition and the 1999 Project. The County is authorized pursuant to the provisions of the Act to undertake the Acquisition and the 1999 Project. (B) The County is without adequate, currently available funds to pay the Project Costs associated with the Acquisition and the 1999 Project, and it is necessary and desirable and in the best interests of the County that it borrow the moneys necessary to accomplish the financing of the Acquisition and the 1999 Project. The County is authorized pursuant to the provisions of the Act to borrow moneys necessary to pay Project Costs. (C) The County will receive the Pledged Revenues, and such Pledged Revenues are not pledged or encumbered to pay any other debts or obligations of the County. The County is authorized pursuant to the provisions of the Act to pledge the Pledged Revenues to secure the payment of debt issued to finance Project Costs. (D) The Net Revenues, together with available Capital Facilities Charges, pledged to the payment of the 1999 Bonds, are estimated by the Independent Consultant to be sufficient to pay the Debt Service on the 1999 Bonds and to make all other payments required to be made by the provisions of this Resolution. (E) The County is authorized pursuant to the provisions of the Act to enter into a covenant to budget and appropriate from Non Ad Valorem Revenues amounts necessary nto pa�, o bilElgeted and appr-epr-iawd, restore to the Reserve Account amounts it is desirable ana in Lne 0C5L 111LC1Csw VL uic t VLLLLLy "I"� .. —b=-- • - �- - a-- ---- rr provide such covenant in order to enable the County to obtain a Credit Facility in connection with the issuance of the Series 1999 Bonds. (F) The Bonds shall not be or constitute general obligations or indebtedness of the County as "bonds" within the meaning of any provision of the Constitution of the State, but shall be and are hereby declared to be special, limited obligations of the County, the principal of, 13 3036v3-4RED/STL000709/ R-AUT H SW.l "WOO premium, if any, and interest on which are payable from and secured solely by the Pledged Revenues in the manner provided herein. The principal of, premium, if any, and interest on the Bonds and all other payments provided for herein will be secured solely by the Pledged Revenues, and no Registered Owners shall ever have the right to require or compel the County to levy taxes on any real property of or in the County to pay the principal of, premium, if any, and interest on the Bonds or to make any of the sinking fund, reserve, or other payments provided for herein. Furthermore, neither the Bonds nor the interest or premium, if any, thereon, shall be or constitute a lien upon the System or upon any other property of or in the County, other than the Pledged Revenues, in the manner provided in this Resolution. SECTION 1.06. RESOLUTION CONSTITUTES A CONTRACT. In consideration of the acceptance of the Bonds by those who shall be the Registered Owners thereof from time to time, this Resolution shall be deemed to be and shall constitute a contract between the County and such Registered Owners. In consideration of the issuance of any Credit Facility or Reserve Account Credit Facility, this Resolution shall also be deemed to be and shall constitute a contract between the County and the Credit Facility Issuer and the covenants and agreements herein shall be for the benefit, protection, and security of any Credit Facility Issuer. The covenants and agreements herein shall be for the equal benefit, protection, and security of the Registered Owners and any Credit Facility Issuer. All Bonds shall be of equal rank and without preference, priority, or distinction over any other thereof, except as expressly provided herein. Additional Parity Bonds shall be deemed to have been issued pursuant to this Resolution the same as the 1999 Bonds originally authorized and issued pursuant to this Resolution, and all of the covenants and other provisions of this Resolution (except as to details of such Additional Parity Bonds inconsistent herewith), shall be for the equal benefit, protection and security of the Registered Owners of the 1999 Bonds and the Registered Owners of any Additional Parity Bonds within the limitations of and in compliance with this Resolution. (End of Article I) 14 3036v 3-4 RE D/STL000709/ R•A UTH ARTICLE II AUTHORIZATION OF ACQUISITION AND PROJECT; AUTHORIZATION, DESCRIPTION, DETAILS AND FORM OF BONDS SECTION 2.01. AUTHORIZATION OF BONDS. Subject and pursuant to the provisions of this Resolution, obligations of the County, to be known as "St. Lucie County, Florida, Holiday Pines Water and Sewer System Revenue Bonds " are hereby authorized to be issued from time to time for the purpose of financing and refinancing Project Costs. SECTION 2.02. AUTHORIZATION OF 1999 BONDS. The issuance of Bonds to be designated "Series 1999", in an aggregate principal amount on original issuance not to exceed Six Million One Hundred Fifty Thousand Dollars 6 150 000 , to pay Project Costs with respect to the Acquisition and the 1999 Project, is further specifically authorized. SECTION 2.03. DESCRIPTION OF BONDS. The Bonds of each Series shall be numbered; shall be in such denominations or maturity amounts; shall be dated as of the date of their delivery or such other date prior to the date of their delivery; shall bear interest at not exceeding the maximum rate allowed by law; payable on such dates; shall mature on the first day of such month, in such years, not to exceed forty (40) years from the date thereof, and in such amounts; and may be issued as Current Interest Bonds, Capital Appreciation Bonds, Variable Rate Bonds, Serial Bonds, Term Bonds, or any combination thereof-, all the foregoing as shall be determined by subsequent resolution of the Board adopted at or prior to the time of sale of any such Series. The Bonds may be issued in Series or installments from time to time. Different installments and Series of the Bonds may have such characteristics as shall be provided herein and by subsequent resolution of the Board and shall bear a designation to distinguish such Series or installment from other Series or installments of the Bonds. Bonds shall be issued in fully registered form; shall be payable with respect to principal at the office of the Paying Agent; shall be payable in lawful money of the United States of America; and shall bear interest from their date, or from the most recent date to which interest has been paid, payable, in the case of Current Interest Bonds, by check or draft mailed to the Registered Owner at his address as it appears upon the Register as of 5:00 P.M. Eastern Time on the Record Date, and in the case of Capital Appreciation Bonds, at maturity upon presentation at the office of the Registrar; provided that, for any Registered Owner of One Million Dollars ($1,000,000) or more' in face amount of Bonds, such payment shall, upon the express written request and at the expense of such Registered Owner, be made by wire transfer or other medium acceptable to the County and to such Registered Owner. SECTION 2.04. EXECUTION AND AUTHENTICATION OF BONDS. The Bonds of each Series shall be executed in the name of the County by the Chairman or Vice -Chairman of the Board, and countersigned and attested by the Clerk or Deputy Clerk of the Circuit Court, ex officio Clerk or Deputy Clerk of the Board, and the corporate seal of the County or Board or 15 30360-4 RE D/S TL000709/R-A U TH M facsimile thereof shall be affixed thereto or reproduced thereon. The signatures of the Chairman or Vice -Chairman and the Clerk or Deputy Clerk may be manual or facsimile signatures imprinted or reproduced thereon. The Registrar shall serve as authenticating agent for the Bonds and is authorized to authenticate Bonds. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under the provisions of this Resolution until the certificate of authentication on the Bonds shall have been signed by an authorized signer of the authenticating agent. The authorized signature for the Registrar shall be either manual or in facsimile, provided, however, that at least one of the above signatures, including that of the authorized signature for the Registrar, appearing on the Bonds shall be a manual signature. The authentication by the Registrar upon any Bond shall be conclusive evidence that the Bond so authenticated has been duly delivered hereunder and is entitled to the security and benefit hereof. In case any officer who shall have signed or sealed any of the Bonds shall cease to be such officer of the County before the Bonds have been delivered, such Bonds may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed or sealed such Bonds had not ceased to hold such office. Any Bond may be signed and sealed on behalf of the County by such person as at the actual time of the execution of such Bond shall hold the proper office in the County, although at the date of such Bonds such person may not have held such office. SECTION 2.05. NEGOTIABILITY AND REGISTRATION, TRANSFERABILITY AND EXCHANGE. (A) The Bonds shall be and have all the qualities and incidents of negotiable instruments under the Uniform Commercial Code - Investment Securities Laws of the State of Florida, and each successive Registered Owner, in accepting any of said Bonds shall be conclusively deemed so to have agreed. (B) The provisions of Section 2.05(B) shall apply to any Series for which the County has not elected to utilize a Book -Entry System or issue such Series in Book -Entry Form. The Registrar shall be responsible for maintaining the Bond Register. Any Registrar, other than the County, shall be a transfer agent qualified to act under the provisions of Section 17A(c) of the Securities Exchange Act of 1934, as amended. The County and the Registrar may treat the Registered Owner of any Bond as the absolute owner thereof for all purposes, whether or not such Bond shall be overdue, and shall not be bound by any notice to the contrary. All Bonds presented for transfer or exchange (if so required by the County or the Registrar) shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and with guaranty of signature satisfactory to the County or the Registrar, duly executed by the Registered Owner or by his duly authorized attorney. The Registrar or County may charge the Registered Owner a sum sufficient to reimburse it for any expenses incurred in making any exchange or transfer after the first such exchange or transfer following the initial delivery of the Bonds. The Registrar or the County may also require payment from the Registered Owner or his transferee, as the case may be, of a sum 16 . ,6 ;-4RED/STL000709/R-AUTH M en facsimile thereof shall be affixed thereto or reproduced thereon. The signatures of the Chairman or Vice -Chairman and the Clerk or Deputy Clerk may be manual or facsimile signatures imprinted or reproduced thereon. The Registrar shall serve as authenticating agent for the Bonds and is authorized to authenticate Bonds. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under the provisions of this Resolution until the certificate of authentication on the Bonds shall have been signed by an authorized signer of the authenticating agent. The authorized signature for the Registrar shall be either manual or in facsimile, provided, however, that at least one of the above signatures, including that of the authorized signature for the Registrar, appearing on the Bonds shall be a manual signature. The authentication by the Registrar upon any Bond shall be conclusive evidence that the Bond so authenticated has been duly delivered hereunder and is entitled to the security and benefit hereof. In case any officer who shall have signed or sealed any of the Bonds shall cease to be such officer of the County before the Bonds have been delivered, such Bonds may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed or sealed such Bonds had not ceased to hold such office. Any Bond may be signed and sealed on behalf of the County by such person as at the actual time of the execution of such Bond shall hold the proper office in the County, although at the date of such Bonds such person may not have held such office. SECTION 2.05. NEGOTIABILITY AND REGISTRATION, TRANSFERABILITY AND EXCHANGE. (A) The Bonds shall be and have all the qualities and incidents of negotiable instruments under the Uniform Commercial Code - Investment Securities Laws of the State of Florida, and each successive Registered Owner, in accepting any of said Bonds shall be conclusively deemed so to have agreed. (B) The provisions of Section 2.05(B) shall apply to any Series for which the County has not elected to utilize a Book -Entry System or issue such Series in Book -Entry Form. The Registrar shall be responsible for maintaining the Bond Register. Any Registrar, other than the County, shall be a transfer agent qualified to act under the provisions of Section 17A(c) of the Securities Exchange Act of 1934, as amended. The County and the Registrar may treat the Registered Owner of any Bond as the absolute owner thereof for all purposes, whether or not such Bond shall be overdue, and shall not be bound by any notice to the contrary. All Bonds presented for transfer or exchange (if so required by the County or the Registrar) shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and with guaranty of signature satisfactory to the County or the Registrar, duly executed by the Registered Owner or by his duly authorized attorney. The Registrar or County may charge the Registered Owner a sum sufficient to reimburse it for any expenses incurred in making any exchange or transfer after the first such exchange or transfer following the initial delivery of the Bonds. The Registrar or the County may also require payment from the Registered Owner or his transferee, as the case may be, of a sum 16 0,6 0,•4RED/STL000709/R-AUTH skwr' 1-0 sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto. Such charges and expenses shall be paid before any new Bonds shall be delivered. The County and the Registrar shall not be required to issue, transfer or exchange any Bonds (a) during a period beginning at the opening of business on the Record Date and ending at the close of business on the next succeeding Interest Payment Date or (b) selected for redemption in whole or in part, whether or not notice of redemption has been formally published. New Bonds delivered upon any transfer or exchange shall be valid obligations of the County, evidencing the same debt as the Bonds surrendered, shall be secured by this Resolution, and shall be entitled to all of the security and benefits hereof to the same extent as the Bonds surrendered. Whenever any Bond shall be delivered to the Registrar for cancellation, upon payment of the principal amount thereof, or for replacement, transfer or exchange, such Bond shall be cancelled and destroyed by the Registrar as authorized by law, and counterparts of a certificate of destruction evidencing such destruction shall be furnished to the County. (C) The County may elect to use a Book -Entry System for issuance and registration of the Bonds of any Series, and the details of any such system shall be fixed by the Board prior to the time of issuance of such Bonds. SECTION 2.06. REPLACEMENT OF BONDS MUTILATED, DESTROYED, STOLEN OR LOST. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar may in its discretion issue and deliver a new Bond, of like tenor as the Bond, so mutilated, destroyed, stolen or lost, either in exchange and substitution for such mutilated Bond upon surrender and cancellation of such mutilated Bond or in lieu of and substitution for the Bond destroyed, stolen or lost, upon the Registered Owner's furnishing the Registrar proof of his ownership thereof (if lost, stolen or destroyed), satisfactory indemnity in favor of both the County and the Registrar, complying with such other reasonable regulations and conditions as the Registrar and County may prescribe, and paying (in advance if required by the county) such expenses and attorneys fees as the County may incur. All Bonds so surrendered shall be cancelled. If any such Bonds shall have matured or are about to mature, instead of issuing a substitute Bond, the Registrar may pay the same, upon compliance with the foregoing conditions. Any such duplicate Bonds issued pursuant to this section shall constitute original, additional contractual obligations on the part of the County, whether or not any lost, stolen or destroyed Bonds are found. SECTION 2.07. TEMPORARY BONDS. Until Bonds in definitive form are ready for delivery, the County may deliver in lieu of such definitive Bonds, and subject to the same provisions, limitations and conditions, one or more printed or typewritten Bonds in temporary form, substantially of the tenor of the Bonds, with appropriate omissions, variations. The County shall deliver Bonds in definitive form without unreasonable delay in exchange for the temporary Bonds. 17 303604 R ED/STL000709/R-A UTH v4wll .W SECTION 2.08. BOND ANTICIPATION NOTES. In anticipation of the delivery of any Series, the County may issue anticipation notes, in the aggregate principal amount not to exceed the authorized aggregate principal amount of such Series. Provisions regarding the form of such anticipation notes and the security therefor shall be set forth in a separate resolution of the Board adopted at or prior to the time of sale of such anticipation notes. SECTION 2.09. PROVISIONS FOR REDEMPTION. The Bonds may be redeemable, by operation of the applicable Bond Amortization Account or, at the option of the County, as provided by subsequent resolution of the Board adopted prior to the delivery of the Bonds. Notice of such redemption shall be given as provided herein. (A) Not more than sixty (60) calendar days or less than thirty (30) calendar days prior to the Redemption Date, notice of any such redemption, which shall be dated and state (a) the Redemption Date, (b) the Redemption Price, (c) the identification and respective principal amount of Bonds to be redeemed if less than all Bonds are to be redeemed, (d) that on the Redemption Date the Redemption Price will become due and payable on the Bonds or portions thereof called for redemption, (e) that interest on each such Bond shall cease to accrue from and after such date, and (f) the place where the Bonds are to be surrendered for payment of the Redemption Price (i) shall be filed with the Registrar, and (ii) shall be mailed, postage prepaid, to all Registered Owners of Bonds to be redeemed at their addresses as they appear on the Bond Register. Notice of Redemption of Bonds, other than by operation of the Bond Amortization Account and other than pursuant to any plan of advanced refunding of Bonds, shall be provided as set forth herein only from and to the extent that funds sufficient to pay the Redemption Price and accrued interest on the Bonds to be redeemed are on deposit in the funds and accounts held by the Paying Agent and available for such purpose on the date the notice of redemption is mailed. Interest shall cease to accrue on the Redemption Date on any Bonds duly called for prior redemption for which payment has been duly provided. Failure of any Registered Owner to receive notice properly provided shall not affect the validity of any such proceedings for redemption or the cessation of the accrual of interest on any Bonds called for redemption from and after the Redemption Date. (B) In addition to the foregoing notice, further notice shall be given as set out below, but no defect in any such notice nor any failure to give all or any portion of any notice shall in any manner defeat the effectiveness of a call for redemption with respect to a Registered Owner as to which notice is given as prescribed Paragraph A above. Each further notice of redemption given hereunder shall contain the information required above for an official notice of redemption plus: (i) the date of the Bonds being redeemed; (ii) the rate of interest borne by the Bonds being redeemed; (iii) the maturity date of the Bonds being redeemed; (iv) the CUSIP number of the Bonds being redeemed; and (v) any other descriptive information needed to identify accurately the Bonds being redeemed. Each further notice of redemption under this Paragraph B shall be sent at least thirty-two (32) days before the Redemption Date by registered or certified mail or overnight delivery service (at the expense of the addressee) to the Credit Facility Issuer and to all registered securities depositories then in the business of holding substantial amounts of obligations of types such as the Bonds (such depositories now being The Depository Trust Company of New York, 18 3036 v 3-J R E D/ST L000709/ R-A U T H en New York, New York; the Midwest Securities Trust Company of Chicago, Illinois; and the Philadelphia Depository Trust Company of Philadelphia, Pennsylvania) and to one or more national information services that disseminate notices of redemption of obligations such as the Bonds (such as Financial Information, Inc.'s Financial Daily Called Bond Service, Interactive Data Corporation's Bond Service, Kenny Information Service's Called Bond Service and Standard & Poor's Called Bond Record). SECTION 2.10. FORM OF BONDS. The text of Bonds shall be in substantially the form of Exhibit A hereto, with such omissions, insertions, and variations as may be necessary and desirable, and as may be authorized or permitted by this Resolution or by subsequent resolution adopted prior to the issuance thereof. (End of Article II) 19 30360 4RED/STL000709/R•AUTH RM M ARTICLE III BONDS NOT GENERAL OBLIGATION OF COUNTY; PLEDGE OF REVENUES AND APPLICATION THEREOF SECTION 3.01. BONDS NOT GENERAL OBLIGATIONS OR INDEBTEDNESS OF THE COUNTY. The Bonds shall not be or constitute general obligations or indebtedness of the County or be "bonds" within the meaning of the State constitution, but shall be special, limited obligations of the County payable from and secured solely by a lien upon and a pledge of the Pledged Revenues as herein provided. No Registered Owner or Owners of any Bonds shall ever have the right to require or compel the exercise of the ad valorem taxing power of the County, or taxation in any form of any property of or in the County, to pay the Bonds or interest or premium, if any, thereon or to make any other payment required hereunder. Neither the Bonds nor the interest or premium, if any, thereon shall have or be a lien upon the System or upon any property of or in the County, other than the Pledged Revenues, in the manner provided herein. SECTION 3.02. BONDS SECURED BY. PLEDGED REVENUES AND BY COVENANT. The payment of the principal, premium, if any, and interest on all of the Bonds issued hereunder shall be secured forthwith equally and ratably with the other Bonds solely by (a) a lien upon and pledge of the Pledged Revenues and (b) by the Covenant. The Pledged Revenues, in an amount sufficient both to pay the principal of, premium, if any, and interest on the Bonds and to make the payments into the Reserve Account and Sinking Fund and all other payments provided for in this Resolution are hereby irrevocably pledged in the manner stated herein to the payment of the principal of, premium, if any, and interest the Bonds as the same become due; provided that said pledge and lien may be released and extinguished by defeasance as provided in Section 6.04 hereof. Notwithstanding the foregoing, no provision hereof is intended to prohibit the payment of the principal of, premium, if any, and interest on any Series from, or the pledging to such payment of, any lawfully available additional revenues, reserves, security, documents, obligations or sources of funds. SECTION 3.03. APPLICATION OF PLEDGED REVENUES. For as long as the Bonds shall be Outstanding or until (a) there shall have been set apart in the Sinking Fund, including the Reserve Account and Bond Amortization Account and subaccounts therein, a sum sufficient to pay when due the entire Debt Service accrued or to accrue thereon, or (b) provision for payment of the Bonds shall have been made in accordance with the terms of Section 6.04 of this Resolution and this Resolution shall have been defeased, the County covenants with the Registered Owners and any Credit Facility Issuer as follows: (A) CREATION OF FUNDS AND ACCOUNTS. There are hereby created and established the following funds and accounts: the Holiday Pines Water and Sewer System Revenue Fund, hereinafter referred to as the "Revenue Fund"; the Holiday Pines Water and Sewer System Revenue Bonds Sinking Fund, hereinafter called the "Sinking Fund"; together with the accounts therein to be known as the "Bond Amortization Account" (together with any subaccounts therein) and the "Reserve Account"; the Holiday Pines Water and Sewer System Renewal and Replacement Fund, hereinafter called the "Renewal and Replacement Fund"; the Holiday Pines Water and Sewer System Capital Facilities Charges Fund, hereinafter called the 20 3 03 6 v J 4 R E D/ S T L 000709 / R- A U T H *%✓ "Capital Facilities Charges Fund", together with the "Water System Capital Facilities Charges Account", and the "Sewer System Capital Facilities Charges Account" therein; the Holiday Pines Water and Sewer System Subordinate Debt Service Fund, hereinafter referred to as the "Subordinate Debt Service Fund"; and the Holiday Pines Water and Sewer System Project Fund. (hereinafter, the "Project Fund"), together with the "Escrow Account" therein; (provided that separate Sinking Funds, and separate accounts and subaccounts in any of the foregoing may be established and maintained for different Series or installments of Bonds). (B) MAINTENANCE OF FUNDS AND ACCOUNTS. The designation and establishment of the various funds and accounts in and by this Resolution shall not be construed to require the establishment of any completely independent, self -balancing funds or accounts, as such terms are commonly defined and used in governmental accounting, but rather is intended solely to constitute an earmarking of moneys and Authorized Investments for certain purposes and to establish certain priorities for application of such moneys and Authorized Investments as provided herein. Moneys and Authorized Investments required to be accounted for in each of the funds and accounts established by this Resolution may be deposited in a single bank account, provided that accounting records, prepared in accordance with Accounting Principles, are maintained to reflect control or restricted allocation of the moneys and Authorized Investments therein for the various purposes of such funds and accounts. The Sinking Fund (including the Bond Amortization Account and the Reserve Account therein) shall be at all times held for the benefit of the Registered Owners and the Credit Facility Issuer by the County or Paying Agent. The foregoing provisions notwithstanding, the funds and accounts created and established pursuant to this Resolution shall be maintained on the books of the County as separate and distinct from all other funds and accounts of the County, in the manner provided in this Resolution. All moneys in such funds and accounts shall be continuously secured in the same manner as deposits of County funds are required to be secured by the laws of the State. Any investments of moneys in such funds and accounts shall be only in Authorized Investments as provided herein. Separate accounts may be maintained for different Series or installments of Bonds and identified by the appropriate designation, and deposits into the accounts for each such Series or installment of Bonds shall be on a parity with the deposits, if any, into the corresponding accounts for each other Series of Bonds (or, in the case of a deficiency, shall be on a pro rata basis computed with regard to the aggregate principal amount of Bonds of each Series then outstanding and unpaid) unless specified otherwise; further provided that moneys on deposit in the accounts established for a particular Series of Bonds may be specified not to be available to be used for payments required to be made from the corresponding accounts for any other Series of Bonds. (C) APPLICATION OF GROSS REVENUES. All Gross Revenues shall, immediately upon receipt thereof, be deposited by the County into the Revenue Fund. Moneys on deposit in the Revenue Fund shall be applied in each month, subject to credits for deposits as provided hereinbelow, only in the following manner and order of priority; provided, that with respect to any payment period for any Series of Bonds that is other than annual or semi-annual, 21 ;0 �6v±-4RED/STL000709/R.AUTH 104ftr `0W the required deposits shall be such as to provide for equal monthly deposits of all amounts required to meet the annual Debt Service Requirement for such Series: (1) Moneys shall first be used to pay Operating Expenses; (2) Moneys shall next be used for deposit into the Sinking Fund in the following priority: (a) in such sums as are necessary to pay one -sixth (1/6) of the interest becoming due on the Current Interest Paying Bonds on the next Interest Payment Date; (b) in such sums as are necessary to pay one -twelfth (1/12) of the principal maturing on Current Interest Paying Serial Bonds on the next Principal Maturity Date; (c) on a parity with the payments provided in subparagraph (b) above, in such sums as are necessary to pay one -twelfth (1/12) of the Amortization Installment for Term Bonds which shall become due and payable during in the current Bond Year; and (d) on a parity with the payments provided in subparagraphs (b) and (c) above, in such sums as are necessary to pay one -twelfth (1/12) of the Maturity Amount of any Capital Appreciation Bonds maturing in such Bond Year; (3) Moneys shall next be used to cure any deficiency for prior deposits into the Sinking Fund; (4) Moneys shall next be used to maintain in the Reserve Account a Reserve Account Value in an amount equal to the Reserve Account Requirement by; (a) restoring value of cash and Authorized Investments on deposit in the Reserve Account to the required levels hereunder and pursuant to the terms of any Reserve Account Credit Facility, and (b) restoring the value of any Reserve Account Credit Facility to its face value by making required payments to the Credit Facility Issuer. (5) Moneys shall next be deposited into the Renewal and Replacement Fund in an amount equal to the sum of- -(a) one -twelfth (1/12) of the Renewal and Replacement Fund Requirement; and (b) one -twelfth (1/12) of any unrestored withdrawal therefrom made to prevent a default in the payment of the principal and interest on the Bonds as provided in Section 3.03(E)(6) below; and 22 30360-3 R E D/ST L000709/ R-A UT H 9294(6) heF@iAb@18.A provided, that no deposits shall be required to be made into the Renewal and Replacement Fund so long as there is on deposit in such fund the Sum of 4�',e h41;;d4:Pd thousand dollars or such larger sum as may be recommended the Consulting Engineer. (6) Moneys shall next be used for deposit into the Subordinate Debt Service Fund and accounts therein of such sums as are required by the proceedings authorizing the issuance of such Subordinate Debt; and (7) Remaining FAeaeys Must Remaining moneys may be used to pay Futures, may be deposited into the Renewal and Replacement Fund, may be retained in the Revenue Fund aa4, or may be used by the County for any lawful purpose of the System. The foregoing provisions notwithstanding, no further deposits shall be required to be made into the foregoing funds and accounts whenever there shall be on deposit (1) in the Sinking Fund, including the Reserve Account and the Bond Amortization Account therein, an amount of money and Authorized Investments equal to all principal and interest due on the Bonds to the final maturity thereof, (2) all amounts due and owing to any Credit Facility Issuer shall have been paid and (3) there shall be on deposit in the Subordinate Debt Service Fund, including the accounts therein, an amount necessary to pay all outstanding Subordinate Debt in full in accordance with its terms. Credit shall be allowed against the required deposit amounts due as prescribed above for the payment of principal of and interest and Amortization Installment on Bonds to the extent of any other funds on deposit and available for such purpose in the applicable accounts of the Sinking Fund including (i) Capital Facilities Charges, (ii) capitalized interest and (iii) any Investment Earnings, in each case, to the extent allocated to such fund or account and available for such purposes. (D) APPLICATION OF CAPITAL FACILITIES CHARGES. All Water System Capital Facilities Charges shall be deposited upon receipt into the Water System Capital Facilities Charges Account, and all Wastewater System Capital Facilities Charges shall be deposited upon receipt into the Wastewater System Capital Facilities Charges Account. (E) USE OF MONEYS ON DEPOSIT IN FUNDS AND ACCOUNTS. The moneys on deposit in the funds and accounts herein established shall be only used in the following manner and for the following purposes. 23 0360.4 RE D/STL000709/R•A UTH (1) CAPITAL FACILITIES CHARGES FUND. Moneys on deposit in the Capital Facilities Charges Fund shall be used first for the purpose of supplementing or augmenting the Pledged Revenues to make the required deposits into the Sinking Fund and accounts therein pursuant to Section 3.03(C)(2)-(4). Thereafter, Capital Facilities Charges may be used (1) to pay Futures and (2) to pay the cost of Expansion Facilities. (2) REVENUE FUND. Moneys on deposit in the Revenue Fund shall be used only *^ -ake the oa jop,-sits itethe -104-5 ffifid_ nts as provided in Section 3.03(C)(1)- 8 hereof. (3) SINKING FUND. Moneys on deposit in the Sinking Fund shall be used only to pay the principal of premium, if any, and interest on the Bonds as provided herein. (4) BOND AMORTIZATION ACCOUNT. Moneys held for the credit of the Bond Amortization Account shall be applied to the retirement of Term Bonds of each Series or installment of Bonds, to the extent of the Amortization Installment, if any, for such Bond Year for the Term Bonds of each such Series or installment then Outstanding, and if the amount available in such Bond Year shall not be sufficient therefor, then in proportion to the Amortization Installment, if any, for such Bond Year for the Term Bonds of each such Series or installment then Outstanding. Notwithstanding the provisions of the preceding paragraph, the County may purchase from moneys on deposit in the Bond Amortization Account Term Bonds then Outstanding at the most advantageous price obtainable with reasonable diligence, such price not to exceed the principal amount of such Term Bonds. No such purchase shall be made by the County within the period of forty-five (45) days immediately preceding any Interest Payment Date on which Term Bonds are subject to call for redemption, except from moneys in excess of the amounts set aside or deposited for the redemption of Term Bonds on such date. (5) RESERVE ACCOUNT. Moneys in the Reserve Account shall be used 04 only for the purpose of the payment of interest on or principal (including Amortization Installments) of the Bonds when the other moneys allocated to the Sinking Fund are insufficient therefor, ; . Any withdrawals from the Reserve Account or draws against a Reserve Account Credit Facility shall be restored or repaid -from the first available moneys after all required current payments have been made into the Sinking Fund and accounts therein. Upon the issuance of Additional Parity Bonds, additional cash or Authorized Investments shall be deposited into the Reserve Account or additional Reserve Account Credit Facilities shall be purchased from the proceeds of such Additional Parity Bonds, or from other moneys of the County available therefor, in order to make the Reserve Account Value at the time of issuance thereof equal to the Reserve Account Requirement. 24 3036v3-4 RE D/STL000709/R-A UT H Notwithstanding the foregoing, the County at any time may substitute a Reserve Account Credit Facility for all or any portion of the cash and Authorized Investments on deposit in the Reserve Account, subject only to such conditions and approvals as may be imposed by the Credit Facility Issuer providing such Reserve Account Credit Facility or by any Credit Facility Issuer having a Credit Facility or Reserve Account Credit Facility in effect as to any Bonds. The Authorized Investments on deposit in the Reserve Account shall be valued annually, or more frequently if required by a Credit Facility Issuer, as of the last day of the Fiscal Year at their fair market value exclusive of accrued interest. Any Reserve Account Credit Facilities shall be valued at the amount of the Reserve Account Credit Facility Coverage. If and whenever the Reserve Account Value exceeds the Reserve Account Requirement on all then Outstanding Bonds, such excess may be withdrawn and applied, first, to pay any Reserve Account Credit Facility Costs and thereafter applied and allocated into the Renewal and Replacement Fund, or if the Renewal and Replacement Fund Requirement is then on deposit in the Renewal and Replacement Fund, then into the Revenue Fund. Deficiencies in the Reserve Account Value resulting from a decline in market value of the Authorized Investments, a draw on a Reserve Account Credit Facility, or a withdrawal therefrom shall be restored no later than sixty (60) months from the date of valuation, draw, or withdrawal. (6) RENEWAL AND REPLACEMENT FUND. The moneys in the Renewal and Replacement Fund shall be used only for the purpose of paying: (a) the cost of necessary repairs, extensions, enlargements or additions to, or the replacement of Facilities of the System, including any Project Costs; Expenses, e and b the principal of and interest on the Bonds when due, if the moneys on deposit in the Sinking Fund and accounts therein are ever insufficient therefor, and any amounts so withdrawn are required to be restored pursuant to Section 3.03(C)(5)(b); (7) SUBORDINATE DEBT SERVICE FUND. Moneys on deposit in the Subordinate Debt Service Fund and accounts therein may be used only for payment of debt service on Subordinate Debt, in such manner as shall be specified in the proceedings authorizing such Subordinate Debt. (F) INVESTMENT OF MONEYS IN FUNDS AND ACCOUNTS. All moneys on deposit in the funds and accounts created hereunder may be invested and reinvested only in Authorized Investments; provided, however, that such investments shall mature not later than the respective dates when such moneys will be required for the purposes of such funds and accounts; and provided that at no time shall any moneys constituting gross proceeds of Bonds be used in any manner to cause or result in a Prohibited Payment under applicable regulations 25 303604 RED/S TL000709/R-A UTH pertaining to, or in any other fashion as would constitute failure of compliance with, Section 148 of the Code. Moneys in the Sinking Fund, other than the Reserve Account, may be invested in Authorized Investments maturing not later than the respective dates that such moneys will be needed for the payment of interest and principal (including Amortization Installments) on Bonds. Amounts, if any, held in the Sinking Fund representing capitalized interest shall be invested only in Federal Securities during any period in which a Credit Facility shall be in effect. In the case of the Reserve Account, investments shall mature not later than seven (7) years from the date of investment, and Investment Earnings thereon may be retained in such account to the extent necessary to maintain the Reserve Account Requirement therein, or shall be transferred to the Sinking Fund. Investment Earnings related to any Capital Facilities Charges shall be held and applied for the same purposes to which such moneys are restricted by the terms of this Resolution or any resolution adopted in connection with the issuance of any applicable Series or installment. Moneys on deposit in the Renewal and Replacemenf Fund may be invested in Authorized Investments maturing not later than the time that such moneys will be needed for the purposes of such Fund; Investment Earnings thereon shall be deposited into the Revenue Fund upon receipt. Moneys on deposit in the Escrow Account may be invested and reinvested in Authorized Investments and the Investment Earnings thereon shall be applied pursuant to the provisions of the Acquisition Agreement. (G) COVENANT TO BUDGET AND APPROPRIATE ng covenant in order to provide additional security for the oar (1) COVENANT. The County covenants that if (i) on April 2 of any year amounts in the Reserve Account are less than the Reserve Account Requirement, or (ii) there is a draw on the Reserve Account sweh that the effect of which is to reduce the amount on deposit the amount in sas# the Reserve Account is to less than the Reserve Account Requirement, then the County will budget and appropriate sufficient Non -Ad Valorem Revenues to cure such deficiency within 12 months of the gpplicable April 2 or draw date. The County shall take such actions as are necessary to amend or supplement the budget for the then current Fiscal Year and to include in the budget for the succeeding Fiscal Year the amounts required to be budgeted and appropriated pursuant to this paragraph. This couenant and agreement on the part of the County to budget and appropriate such amounts of Non -Ad Valorem Revenues shall be cumulative to the extent not paid, and shall continue until such Non -Ad Valorem Revenues or other legally available funds in amounts sufficient to make all such required payments shall have been budgeted, appropriated and actually paid. Notwithstanding the foregoing covenant of the County, the County does not covenant to maintain any services or programs, now provided or maintained by the County, which generate Non -Ad Valorem Revenues. 26 ,0360 -4 RE D/S T L 000709/ R-A U T H 1 This covenant to budget and appropriate does not create any lien upon or pledge of such Non -Ad Valorem Revenues, nor does it preclude the County from pledging in the future its Non -Ad Valorem Revenues, nor does it require the County to levy and collect any particular Non -Ad Valorem Revenues, nor does it give the Owners a prior claim on the Non -Ad Valorem Revenues as opposed to claims of general creditors of the County. This covenant to budget and appropriate Non -Ad Valorem Revenues is subject in all respects to the payment of obligations secured by a pledge of s�ie4 this Non -Ad Valorem Revenues heretofore or �e;kaiRaAiar hereafter entered into (including the payment of debt service on bonds and other debt instruments). However, the covenant to budget and appropriate in its budget for the purposes and in the manner stated herein shall have the efeet effects of making available for the replenishment of the Reserve Account, in the manner described herein,_ Non -Ad Valorem Revenues and of placing on the County a positive duty to budget, by amendment, if necessary, and appropriate amounts sufficient to meet its obligations hereunder; subject, however, in all respects to the restrictions of Section 129.07 Florida Statutes, which provides that the governing body of each County make appropriations for each Aseelyear- Fiscal Year which shall not exceed the amount to be received from taxation or other revenue sources in such €i•ssal yeaf Fiscal Year; and subject, further, to the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the County or which are legally mandated by applicable law. The County represents that the Acquisition and the 1999 Project serves serve essential public purposes. (2) LIMIT ON NON AD VALOREM DEBT. The County shall not issue any General Fund Non -Ad Valorem Debt unless both the following conditions (a) and (b) are satisfied. (a) The average General Fund Non -Ad Valorem Revenues for the two Fiscal Years preceding the date of issuance of the proposed General Fund Non -Ad Valorem Debt shall equal or exceed two times the aggregate maximum annual debt service on all outstanding General Fund Non -Ad Valorem Debt and the General Fund Non -Ad Valorem Debt then proposed to be issued. (b) The Adjusted General Fund Non -Ad Valorem Revenues for the Fiscal Year preceding the date of issuance of the proposed General Fund Non -Ad Valorem Debt shall equal or exceed 1.1 times the aggregate maximum annual debt service on all outstanding Covenant Debt and any Covenant Debt then proposed to be issued. For purposes of this Section, the following definitions shall apply: "Adjusted General Fund Non -Ad Valorem Revenues" means the General Fund Non -Ad Valorem Revenues, reduced by (i) the Essential Services Requirement, and (ii) debt service on any senior lien General Fund Non -Ad Valorem Debt for the Fiscal Year next succeeding the date of issuance of the General Fund Non -Ad Valorem Debt then proposed to be issued. "Covenant Debt" means all County debt secured by a covenant to budget and appropriate General Fund Non -Ad Valorem Revenues. 27 3036v34REDISTL0007091R-AUTH 1.r01 -Essential Services Requirement" means the amount determined by multiplying (i) the ratio of General Fund Non -Ad Valorem Revenues to total County revenues aee cludinv revenues properly accounted for in an enterprise fund on the County's financial statementsl, by (ii) the County's general government and public safety expenditures. "General Fund Non -Ad Valorem Debt" means indebtedness of the County payable from or secured by a pledge of or covenant to budget and appropriate from General Fund Non -Ad Valorem Revenues. General Fund Non -Ad Valorem Debt does not include general obligation or limited ad valorem tax debt, special assessment debt or any special fund or enterprise fund debt (unless expressly secured by a pledge of or covenant to budget and appropriate from General Fund Non -Ad Valorem Revenues). "General Fund Non -Ad Valorem Revenues" means the non -ad valorem general fund revenues of the County, as set forth in the County's financial statements, legally available for the payment of Debt Service on the Bonds. General Fund Non -Ad Valorem Revenues does not include any amounts properly accounted for in a special fund or an enterprise fund on the County's financial statements. (3) RELEASE OF COVENANT. The foregoing covenant shall be deemed to be released, extinguished, and of no further force and effect at such time as the System has Fesideatial «:. gkial to 2,900 eqoivalent residential eemieetj two thousand (2,000) customers, as evidenced by a certificate executed by the County Administrator and filed with the Credit Facility Issuer and any Rating Agency. (H) APPLICATION OF NET PROCEEDS OF INSURANCE OR CONDEMNATION. All Net Proceeds of Insurance or Condemnation shall be deposited, at the option of the County and subject to applicable supplemental bond resolutions for any Bonds, but subject to the limitations hereinafter described, either (i) into the Renewal and Replacement Fund (or if such proceeds or award relate to any Project then under construction, such funds shall be deposited in the account created for such Project in the Project Fund) and used to remedy the loss, damage or taking for which such proceeds are received, either by repairing the damaged property or replacing the destroyed or taken property, as soon as practicable after the receipt of such proceeds, or (ii) and subject to the applicable supplemental bond resolutions for any Bonds, into the Sinking Fund for the purpose of purchasing or redeeming Bonds. _ The County shall not be entitled to transfer insurance proceeds or condemnation awards into the Renewal and Replacement Fund (or Project Fund) pursuant to clause (i) above (and such proceeds and awards shall be transferred to the Sinking Fund pursuant to clause (ii) above) unless there shall have been filed with the Board within a reasonable time (i) a certificate from an Independent Consultant that such Net Proceeds, together with other amounts available for such purposes, will be sufficient to repair, rebuild, replace or restore such property to substantially the same condition as it was in prior to condemnation or destruction (taking into consideration any changes, alterations and modifications that the County may desire and the Independent Consultant shall have approved in writing), (ii) an opinion from the Independent Consultant that the System can be repaired, rebuilt, replaced or restored within two (2) years following the destruction or condemnation thereof and (iii) an opinion of an Independent 28 30360 4REDiSTL000709/R•AUTH `1%. 1..% Consultant that, in each of the three (3) Fiscal Years following completion of such repair, rebuilding, replacement or restoration, the County will be compliance with its obligations hereunder. If the certificate described in clause (i) above is not rendered because such Net Proceeds, together with other amounts available for such purposes, are insufficient for such purposes, the County may deposit other available funds (including proceeds from Bonds) in the Project Fund in an amount required to enable the Independent Consultant to render such certificate. Proceeds received from such insurance and condemnation awards shall not be deemed Net Revenues or other Pledged Revenues for purposes of the rate covenant of the County or the financial requirements for the issuance of Additional Parity Bonds. (I) UNCLAIMED MONEYS. Any moneys deposited into the Sinking Fund, including the Bond Amortization Accounts therein, for the payment of principal of, premium, if any, and interest on the Bonds and remaining unclaimed for a period of one (1) year from the date on which such moneys were due to pay maturing principal of, premium, if any, or interest on such Bonds may be withdrawn by the County and used for any lawful purpose; provided that (1) such withdrawal shall not give rise to any claim for additional interest due on such Bonds on account of payment thereof not having been duly provided for under the terms of this Resolution; (2) such withdrawal shall not affect the right, to the extent existing under the provisions of this Resolution or of the laws of the State, of the Registered Owner of such Bonds to payment of the principal and interest thereon to the Interest Payment Date with respect to which such moneys were originally deposited. (End of Article III) 29 30360-4 R ED/STL 000709/R-A UTH RM M ARTICLE IV PROJECT FUND The moneys on deposit in the Project Fund shall be withdrawn, used and applied by the County solely for the payment of Project Costs and purposes incidental thereto, as described and set forth in the resolution authorizing the particular Series of Bonds. All expenditures or disbursements from the Project Fund shall be made only after such expenditures or disbursements shall have been approved by the County. All funds on deposit in any Project Fund, which in the opinion of the County, are not immediately necessary for expenditure, as hereinabove provided, may be invested in Authorized Investments, maturing at such time or times as such moneys will be needed for the purposes of the Project Fund. All income derived from such investments shall be retained in the Project Fund and used to pay Project Costs, unless otherwise required by the terms of any tax compliance certificate delivered in connection with any $eries of Bonds. If, for any reason, the moneys on deposit in any Project Fund, or any part thereof, are not necessary for or are not applied to the payment of applicable Project Costs, then, upon receipt of an opinion of Bond Counsel to the effect that such deposit and application will not adversely affect the exclusion from gross income for federal income tax purposes of interest on such Series of Bonds, the unapplied proceeds shall be applied and deposited by the County (1) first, into the Sinking Fund to the extent of any deficiency therein, (2) second, into the Reserve Account to the extent of any deficiency therein, (3) third into the Renewal and Replacement Fund to the extent of any deficiency therein. Remaining moneys in the Project Fund (a) may be retained in the Project Fund to pay the cost of any additional Facilities which the County shall have determined to be useful in connection with the System or (b) shall be deposited into the Renewal and Replacement Fund. (End of Article IV) 3 03 6 v 3 4 R E D/S T L 000 709/ R •.4 U T H '�Wv S..04 ARTICLE V COVENANTS OF THE COUNTY; REMEDIES SECTION 5.01. COVENANTS OF THE COUNTY. So long as any of the Bonds shall be Outstanding, or until (a) there shall have been set apart in the Sinking Fund and the accounts therein, a sum sufficient to pay, when due, the entire principal amount of the Bonds remaining unpaid, together with the premium, if any, with respect thereto and the interest accrued and to accrue thereon, and all amounts due and owing to the Credit Facility Issuer, or (b) until all Bonds have been defeased in accordance with Section 6.04 hereof, the County covenants with the Registered Owners of any and all of the Bonds issued pursuant to this Resolution and with all Credit Facility Issuers as follows: (A) RATE COVENANT. The County will fix, establish and maintain such rates and collect such fees, rentals, or other charges for the services and Facilities of the System, and will revise the same from time to time whenever necessary, so as to provide Net Revenues in each Fiscal Year commencing with the Fiscal Year beginning October 1, 1999, equal to: (i) Net Revenues (exclusive of Guaranteed Revenue Fees) equal to (a) one hundred ten percent (110%) of the Debt Service Requirement on the Bonds for such Fiscal Year, plus (b) one hundred percent (100%) of the required deposits into (1) the Reserve Account (less any portion thereof to be deposited from proceeds of Bonds) together with any amounts of Reserve Account Credit Facility Costs payable in such Fiscal Year, (2) the Renewal and Replacement Fund in such Fiscal Year, and (3) the Subordinate Debt Service Fund in such Fiscal Year, or (ii) Net Revenues (including Guaranteed Revenue Fees), together with Capital Facilities Charges available in such Fiscal Year, equal to (a) one hundred twenty percent (120%) of the Debt Service Requirement on the Bonds for such Fiscal Year, plus (b) one hundred percent (100%) of the required deposits into (1) the Reserve Account (less any portion thereof to be deposited from proceeds of Bonds) together with any amounts of Reserve Account Credit Facility Costs payable in such Fiscal Year, (2) the Renewal and Replacement Fund in such Fiscal Year, and (3) the Subordinate Debt Service Fund in such Fiscal Year. The County further covenants that, from time to time and as often as shall be necessary, it will revise rates, fees and charges of the System or the Operating Expenses and methods of operations of the System as may be necessary or proper so that Net Revenues in each Fiscal Year will, subject to applicable requirements and restrictions imposed by law, not be less than the amount required for such Fiscal Year under this Section 6.01(A). The County further covenants and agrees that it will annually, within thirty (30) days after adoption of the annual budget, revise its rates, fees and charges to the extent necessary to cause the estimated Net Revenues during the 31 30360-4 RE D/STU000709/R-A UTH Fiscal Year to which such budget pertains to be not less than the amount required by this Section 6.01(A). In furtherance of this rate covenant, the County does hereby fix the initial schedule of rates, fees and charges for the use of and for the services furnished or to be furnished by the facilities of the System, as such rates, fees and charges are more fully set out in Resolution No. 92-143 of the County. (B) OPERATION AND MAINTENANCE. The County will maintain the System and all parts thereof in good condition, and will operate the same in an efficient and economical manner, making such expenditures for equipment and for renewal, repair and replacement as may be proper for the economical operation and maintenance thereof and, subject to the provisions of this Resolution, will continuously operate the System as a revenue producing enterprise of the County until all of the Bonds and the interest thereon, are finally paid and retired, or until the lien of the Bonds upon the Pledged Revenues has been defeased in accordance with the provisions of Section 6.04 hereof and all amounts due and owing to any Credit Facility Issuers shall have been paid. (C) INSPECTION AND REPORT. The County will cause the Facilities of the System to be inspected by the Consulting Engineers at least once every two (2) years for the first ten (10) years of the County's ownership and operation of the System, and thereafter at least once every three (3) years. Following such inspection, the Independent Consultant shall prepare and file with the County a report stating its conclusions as to the condition of the System and recommendations as to any needed capital improvements or maintenance with respect thereto, and the County shall make such report generally available to any Rating Agency, Credit Facility Issuer and Registered Owner upon request at such parry's expense. (D) INSURANCE. The County will carry with a reputable insurance carrier or carriers such insurance as is customarily carried by county governments owning and operating facilities similar to the System, including (i) liability insurance, for which the County may upon appropriate authorization by the Board be a self -insurer on a sound actuarial basis, and (ii) insurance against loss or damage by fire, explosion, hurricane, earthquake, cyclone, occupancy or other hazards and risks in an amount or amounts equal to the full insurable value of the buildings, properties, furniture, fixtures and equipment of the System. All insurance shall be carried for the benefit of the County and, to the extent herein provided, the Registered Owners and any Credit Facility Issuer. (E) ANNUAL BUDGET; BOOKS AND RECORDS; AUDIT. The County shall prepare and adopt an initial budget in connection with the acquisition of the System and thereafter on or prior to the beginning of each Fiscal Year, shall prepare and adopt a detailed budget of the estimated revenues and expenditures for the System during its current or such next succeeding Fiscal Year, as applicable, and shall provide any Rating Agency and Credit Facility Issuer with a copy thereof at the earliest practicable date, upon request and at such party's expense. No expenditure for the System shall be made in any Fiscal Year in excess of the amount provided therefor in such budget, as revised pursuant to law. 32 3036v3-4RED/STL000709/R-AUTH **✓ `-10' r The County will keep books and records of the System, which shall be separate and apart from all other books, records and accounts of the County, and in which complete and correct entries shall be made, in accordance with Accounting Principles, of all transactions relating to the System. Any Rating Agency, Credit Facility Issuer and any Registered Owner of Bonds issued pursuant to this Resolution shall have the right at all reasonable times to inspect the System and all parts thereof, and all records, accounts and data of the County relating thereto. The County shall, within one hundred eighty (180) days after the close of each Fiscal Year, cause the books, records and accounts of the System (known as the System's "Enterprise Fund") for such preceding Fiscal Year to be properly audited by the Independent Certified Public Accountants, and shall file with the County such report; the County shall mail upon written request, and make available generally, said report, or a reasonable summary thereof, to any Rating Agency, Credit Facility Issuer, and any Registered Owner of Bonds issued pursuant to this Resolution. (F) SALE OF THE SYSTEM. (i) The System may be sold, mortgaged, leased or otherwise disposed of only as a whole or substantially a$ a whole, and only if the net proceeds to be realized from such transaction shall be sufficient (i) fully to retire all of the Bonds and all other obligations outstanding pursuant to the provisions of this Resolution which have a lien on the Pledged Revenues or (ii) to defease the Bonds pursuant to Section 6.04 hereof. The proceeds from such sale, mortgage, lease or other disposition of the System pursuant to this paragraph (i) shall be used only for the purpose of providing for the payment of the principal of and interest on the Bonds and other obligations outstanding pursuant to the provisions of this Resolution as the same shall become due, or for the redemption of callable Bonds, provided, however, that any excess of such proceeds not needed for such purpose may be used by the County for any purpose permitted by law. (ii) The foregoing provision notwithstanding, the County shall have and hereby reserves the right to sell, lease or otherwise decommission, dispose of and/or abandon any of the property comprising a part of the System which may hereafter be determined in the manner provided herein to be no longer necessary, useful, or profitable in the operation thereof. Prior to any such sale, lease, or other disposition of said property pursuant to this paragraph (ii) the duly authorized officer in charge of such System shall make a finding in writing determining that such property comprising a part of said System is no longer necessary, useful or profitable in the operation thereof. Any such property so determined and deemed to be no longer necessary, useful or profitable, and upon such officer's written determination, may be decommissioned, disposed of and/or abandoned in a transaction wherein no proceeds and/or moneys are received by the County. If the disposition is for consideration and (a) if the amount to be received as a result of such sale or other disposition is in excess of $25,000, such finding shall be approved by resolution of the Board; and, (b) if the amount to be received as a result of such sale or other disposition is in excess of $250,000, such finding shall be approved by the Independent Consultant and by resolution of the Board, and written Notice thereof shall be provided to the Credit Facility Issuer; and (c) if the amount to be received in the aggregate as a result of all such sales or other dispositions over an 18-month period is in excess of $1,000,000, such finding shall additionally be subject to the approval of the Credit Facility Issuer. Any proceeds of such sale or other disposition shall be deposited in the Renewal and Replacement Fund created by this 33 30360 4RED/STL000709/R•AUTH ,� S-W� Resolution and used only as provided herein for moneys on deposit in such fund. Such payment of such proceeds into said Renewal and Replacement Fund shall not reduce the amounts required to be paid into said fund by other provisions of this Resolution. (iii) The foregoing provision notwithstanding, the County shall have and hereby reserves the right to sell, lease, or transfer operating control of, or otherwise dispose of, the property comprising the System as a whole to any public board or body, whether created by the County or created pursuant to the laws of the State, for the purpose of owning and operating the System, whether independent of or together with any other utility systems of the County. Any such transfer shall be expressly made subject to the rights of the Registered Owners of any Bonds issued hereunder, and in particular subject to the lien upon the Pledged Revenues of the Bonds. (iv) The foregoing provisions not withstanding, the County shall have the right to merge or consolidate the System with any other County -owned and/or operated utility system and to combine the Revenues and the Capital Facilities Charges with corresponding receipts from the other utility system, and to subject such combined Revenues, Capital Facilities Charges and receipts to the lien of the Bonds and any obligations secured by the receipts of such other utility system, provided that (i) the requirements for the issuance of Additional Parity Bonds set forth in Section 5.01(H) hereof calculated with respect to the combined revenues, capital facilities charges, receipts and debt obligations of the System and such other utility system are satisfied, (ii) the Independent Consultant shall certify as the good condition of the other utility system, and (iii) any Credit Facility Issuer shall have given its prior written consent to such combination. (G) ISSUANCE OF OTHER OBLIGATIONS PAYABLE OUT OF REVENUES. The County will not issue any other obligations, except Additional Parity Bonds hereafter issued under the conditions and in the manner provided herein, payable from the Pledged Revenues nor voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or any other charge having priority to or being on a parity with the lien of the Bonds issued pursuant to this Resolution and the interest thereon, upon any of the Pledged Revenues. Any other obligations issued by the County, in addition to the Bonds authorized by this Resolution or Additional Parity Bonds provided for in Subsection 5.01(H) below, shall contain an express statement that such obligations are junior, inferior, and subordinate in all respects to the Bonds issued pursuant to this Resolution and any such Additional Parity Bonds as to lien on and source and security for payment from the Pledged Revenues, and in all other respects. (H) ISSUANCE OF ADDITIONAL PARITY BONDS. No Additional Parity Bonds shall be issued after -the issuance of any Bonds pursuant to this Resolution, except upon the following terms and conditions: Additional Parity Bonds payable from the Pledged Revenues may be issued by the County for the purposes of (a) financing the construction and acquisition of additions, extensions and improvements to the System, including Project Costs, or (b) paying Futures only if the requirement of either (1) or (2) below have been met, as evidenced by the certificate of an Independent Consultant or Independent Certified Public Accountant, as appropriate: 34 3036v 3-1 RE D/STL000709/R-AUT H % .01 '"001 (1) The Adjusted Net Revenues (excluding Guaranteed Revenue Fees) for the Computation Period, hereinafter defined, shall have at least equalled the sum of- (i) one hundred ten percent (110%) of the Maximum Debt Service Requirement on all Bonds to be Outstanding as of the date of such issuance, plus (ii) one hundred percent (100%) of the Maximum Debt Service Requirement on all Subordinate Debt to be Outstanding as of the date of such issuance, plus (iii) amounts, if any, required to be deposited in the Reserve Account during such Fiscal Years (less any portion thereof which is to be deposited from proceeds of Bonds) together with any amounts of Reserve Account Credit Facility Costs payable in such Fiscal Years, plus (iv) amounts required to be deposited in the Renewal and Replacement Fund during such period, •I (2) The Adjusted Net Revenues (including Guaranteed Revenue Fees) together with the Capital Facilities Charges for the Computation Period shall have equalled at least the sum of- (i) one hundred twenty percent (120%) of the Maximum Debt Service Requirement on all Bonds to be Outstanding as of the date of such issuance, plus (ii) one hundred percent (100%) of the Maximum Debt Service Requirement on all Subordinate Debt to be Outstanding as of the date of such issuance, plus (iii) amounts, if any, required to be deposited in the Reserve Account during such Fiscal Years (less any portion thereof which is to be deposited from proceeds of Bonds) together with any amount of Reserve Account Credit Facility Costs payable in such Fiscal Years; plus (iv) amounts required to be deposited in the Renewal and Replacement Fund during such period; Additional Paiity Bonds may be issued without any financial tests for completion of any Project, provided that such completion Bonds may be issued only in a principal amount not greater than fifteen percent (15%) of the principal amount of Bonds initially issued to fund the applicable Project, or may be issued without regard to the fifteen percent (15%) limitation upon the approval of the Credit Facility Issuer and delivery to the County of a certificate of an Independent Consultant stating that the proceeds of such completion Bonds will be sufficient to complete the acquisition, construction and installation of such Project substantially in accordance 35 3036v3-1RED/STL000709/R•A UT �Om / '✓ with the plans and specifications therefor in effect at the time of issuance of the Bonds originally issued for such Project. Additional Parity Bonds payable from the Pledged Revenues may be issued by the County for Refunding purposes without regard to the foregoing tests, provided that the Maximum Debt Service Requirement is not increased. Additional Parity Bonds may be issued in the form of Variable Rate Bonds only upon the prior written consent of the Credit Facility Issuer. For purposes of this Section 6.01(H): (1) the term "Adjusted Net Revenues" shall mean the Net Revenues certified by the Independent Certified Public Accountant, giving effect to the following adjustments, (provided each such adjustment shall be certified by an Independent Consultant or Independent Certified Public Accountant in a certificate or report which shall set forth the assumptions upon which it is based and shall state that such assumptions, in the opinion of the Independent Consultant or Independent Certified Public Accountant, as the case may be, form a reasonable basis for the conclusions expressed therein). (a) If the County, prior to the issuance of the proposed Series of Bonds, as applicable (the "Applicable Bonds"), shall have put into effect an increase in the rates, fees, rentals or other charges for the services of the System, then Net Revenues shall be adjusted to include the additional Net Revenues which would have been received during the Computation Period if such increased rates, fees, rentals or other charges had been in effect during all of such period. (b) If the number of connections as of the first day of the month preceding the month in which the proposed Applicable Bonds are to be issued exceeds the average number of such connections during the most recent full Fiscal Year, then the Net Revenues shall be adjusted to include the Net Revenues which would have been received during the Computation Period if those additional connections had also been connected to the System during all of such period. (c) If the County shall acquire by the issuance of the Applicable Bonds any privately or publicly owned existing water system, sewer system or water and sewer system then the Net Revenues during the Computation Period shall be increased by adding to the Net Revenues during the Computation Period the additional Net Revenues (to the extent such amounts were not reflected in such Net Revenues) which, on the basis of operating data pertaining to the acquired system during the Computation Periods, would have been derived from such existing water system, sewer system, or other utility system as if such existing water system, sewer system or other utility system had been operated by the County as a part of the System during the Computation Period. (d) If the County shall have entered into a contract, which contract shall be for a duration of not less than the final maturity of the proposed Applicable Bonds, with any public body whereby the County shall have agreed to furnish services for the collection, treatment or disposal of sewage or agreed to furnish services in connection with any water 36 3036v3.4 RED/STL000709/R•A UTH 'V 1-a% system or other utility system, then the Net Revenues during the Computation Period shall be increased (to the extent such amounts were not reflected in such Net Revenues) by the minimum amount which such public body shall guarantee, under a legally enforceable agreement with the County, to pay in any Fiscal Year for the furnishing of such services by the County, after deducting from such payment the estimated additional Operating Expenses attributable in such Fiscal Year to such services. (e) The Net Revenues shall be increased (to the extent the following amounts are not otherwise reflected in Net Revenues) by the amount of additional Net Revenues which would have been received during the Computation Period from any existing occupied structures which are to be connected to the System within the following eighteen (18) months of the issuance of the Applicable Bonds. (f) Net Revenues shall reflect any adjustments necessary for any period during the Computation Period in the opinion of an Independent Consultant or Independent Certified Public Accountant to reflect government ownership of the System or any Facilities constituting a part thereof. (2) "Computation Period" means (a) any twelve (12) consecutive of the eighteen (18) complete calendar months or (b) the most recent complete Fiscal Year, in either case immediately preceding the date of issuance of Additional Parity Bonds. (3) The County will not encumber the Non Ad Valorem Revenues so that a the Debt Service Requirements payable from the Non Ad Valorem Revenues in any Fiscal Year exceed two times (2.0 x) the receipts of Non Ad Valorem Revenues in such Fiscal Year. No Additional Parity Bonds for the purpose of constructing additions, extensions or improvements to the System including Project Costs, shall be issued at any time, however, unless all of the payments into the respective funds and accounts provided for in this Resolution, shall have been made in full to the date of issuance of such Additional Parity Bonds, and the County shall be in substantial compliance with the covenants, agreements and terms of this Resolution. Each resolution authorizing the issuance of Additional Parity Bonds shall recite that all of the covenants herein contained will be applicable to such Additional Parity Bonds. (I) SERVICES RENDERED TO THE COUNTY; PREFERENTIAL RATES. The County will not render or cause to be rendered any free services of any nature by the System, or any part thereof, nor -will any preferential rates be established for users of the same class; in the event the County or any department, agency, or instrumentality, or any officer or employee thereof, shall avail itself of the facilities or services provided by said System, or any part thereof, the same rates, fees, or charges applicable to other customers receiving like services under similar circumstances shall be charged to the County and to any such department, agency, instrumentality, officer, or employee. Such charges shall be paid as they accrue, and the County shall transfer from its general funds sufficient sums to pay such charges. The moneys so received shall be deemed to be Gross Revenues derived from the operation of the System, and 37 30360-4RE D/STL000709/ R-A U TH shall be deposited and accounted for in the same manner as other Gross Revenues derived from the operation of said System. The foregoing paragraph shall not require the County to have the same rates for different classes of users or for users of the services and Facilities of said System residing or located within different areas of the County, and the County may have different rates for different classes of users or for users of the services and Facilities of said System located outside the boundaries of the County, as long as such rates comply with the foregoing paragraph, insofar as they relate to the users within any class or any particular area or areas located without the County. (J) MANDATORY CONNECTION; UNIFORM SERVICE AND EXTENSION °n POLICIES. The County will, to the full extent permitted by law, require all persons, lands, buildings, and structures located within the service area of the System or which can use the facilities and services of the System to use the facilities and services of the System. The Uniform Service and Extension 1 5, Policies shall apply with respect to the System. (K) ENFORCEMENT OF COLLECTIONS.. The County will diligently enforce and collect all fees, rentals, or other charges for the services and facilities of the System and all parts thereof. The Board will establish written policies regarding the enforcement of collections of such fees, rentals, and other charges and will take all steps, actions and proceedings for the enforcement or collection of such fees, rentals or other charges to the full extent permitted or authorized by law, consistent with such reasonable policy. The County will, to the full extent permitted by law and consistent with sound business judgment, establish written policies consistent with sound business judgment for the disconnection from the System of any customer who fails to pay for services rendered by the System, and shall enforce such policies diligently and fairly. (L) NO COMPETING FACILITIES. The County, to the extent permitted by law, will not grant any franchise, license, or permit, or cause or voluntarily agree to the granting of any franchise, license, or permit, for the construction or operation of any facilities which will be competitive with the services and facilities of the System; provided, however, that this subsection shall not affect the vested rights of any persons, firms, or corporations now owning or operating such facilities. Notwithstanding the foregoing provisions, the County shall be authorized to construct or acquire other non -competing utility systems providing products and services similar to those provided by the System in areas of the County geographically distinct from those of the System, and none of the revenues derived from such other non -competing utility systems shall be deemed to be Gross Revenues of the System pursuant to this Resolution; provided, however, that if the County shall furnish products and services from the System to any other non -competing utility systems, which the County is hereby authorized to do, it shall do so at rates comparable to the rates charged to other customers served by the System and the revenues so derived from said other non -competing utility systems shall be deposited in the Revenue Fund created and established by this Resolution, and shall be deemed to be Gross Revenues derived from the operation of the System as fully and to the same extent as other Gross Revenues derived from the operation of the System. 38 3036v3-4 R ED/STL000709/R.A UTH '`✓ ,,-00� The County is further authorized and empowered to combine into and consolidate with the System any other water systems, sewer systems or combined utility , whether located within or without the County and whether acquired or constructed by the County, and after such combination and consolidation, such systems shall thereafter be deemed to be part of the System and subject to the provisions of this Resolution. (M) TAX COMPLIANCE. The County covenants that it will use, and will restrict the use and investment of, the proceeds of the Bonds in such manner and to such extent as may be necessary so that (a) the Bonds will not (i) constitute private activity bonds, arbitrage bonds or hedge bonds under Section 141, 148 or 149 of the Code or (ii) be treated other than as bonds to which Section 103(a) of the Code applies, and (b) the interest thereon will not be treated as a preference item under Section 57 of the Code. The County further covenants (a) that it will take or cause to be taken such actions that may be required of it for the interest on the Bonds to be and remain excluded from gross income for federal income tax purposes, (b) that it will not take or authorize to be taken any actions that would adversely affect that exclusion, and (c) that it, or persons acting for it, will, among other acts of compliance, (i) apply the proceeds of the Bonds to the governmental purposes of the borrowing, (ii) restrict the yield on investment property, (iii) make timely and adequate payments to the federal government, (iv) maintain books and records and make calculations and reports, and (v) refrain from certain uses of those proceeds and, as applicable, of property financed with such proceeds, all in such manner and to the extent necessary to assure such exclusion of that interest under the Code. (N) PAYMENT. The County will duly and punctually pay or cause to be paid from the Pledged Revenues the Debt Service on the Bonds. SECTION 5.02. EVENTS OF DEFAULT. It shall be an event of default under this Resolution if the County shall: (1) fail to deposit with the paying agents on the due date thereof sufficient funds to pay maturing principal of, Amortization Installments of, if any, and interest on the Bonds; (2) fail to deposit or pay within ten (10) days after the due date thereof any other required deposit or payment under this Resolution pursuant to Section 3.03(C)(1) through (6) hereof, (3) fail to comply in any material respect with any other covenant made in the Resolution, if (a) such failure shall continue for more than thirty (30) days following notice of such failure to the County or (b) the County shall not (within thirty (30) days of receipt of such notice have initiated steps to cure such default and thereafter have proceeded diligently to cure such default; provided however that the Credit Facility Issuer and Reserve Account Credit Facility Issuer may waive any such defect if compliance shall be determined to be impossible of performance; or 39 30360-4 RE D/S TL000709/R-A UTH (4) there shall occur the filing by the County of a voluntary petition in bankruptcy, or the commission by the County of any act of bankruptcy, or the adjudication of the County as a bankrupt, or the assignment by the County for the benefit of its creditors, or the entry by the County into an agreement of composition with its creditors, or the approval by a court of competent jurisdiction of a petition applicable to the County in any proceeding for its reorganization, instituted under the provisions of the Federal Bankruptcy Act, as amended, or any similar act in any jurisdiction which may now be in effect or hereafter amended. The County will provide or cause to be provided immediate notice to the Credit Facility Issuer of any payment default and notice within thirty (30) days of any other event of default of which the Paying Agent shall have received notice. SECTION 5.03. REMEDIES. The Registered Owners of twenty-five percentum (25%) in principal amount of not less than of Bonds issued under the provisions of this Resolution or any Credit Facility Issuer while the Bonds secured by it are Outstanding, or any trustee acting for such Registered Owners in the manner hereinafter provided, may, either at law or in equity, by suit, action, mandamus, or other proceedings, in any court of competent jurisdiction, protect and enforce any and all rights, available under the laws of the State of Florida; provided, however, that there will be no right to force any acceleration of payment with respect to the Bonds without the consent of the Credit Facility Issuer. Any such Registered Owner or trustee may enforce and compel the performance of all duties required by this Resolution or by any applicable statutes to be performed either by the County or by any officer thereof, including the fixing, charging, and collecting of rates, fees or other charges for the services and facilities of the System. The Registered Owners of Bonds in an aggregate principal amount of not less than twenty-five percentum (25%) in aggregate principal amount of Bonds issued under this Resolution then Outstanding or any Credit Facility Issuer while the Bonds secured by it are Outstanding may, by a duly executed certificate in writing, appoint a trustee for Registered Owners of Bonds issued pursuant to this Resolution with authority to represent such Registered Owners in any legal proceedings for the enforcement and protection of the rights of such Registered Owners. Such certificate shall be executed by such Registered Owners or their duly authorized attorneys or representatives or any Credit Facility Issuer, and shall be filed in the office of the Clerk or Deputy Clerk of the Circuit Court, ex Officio Clerk or Deputy Clerk of the Board and with the Chairman or Vice -Chairman. Upon the occurrence of any Event of Default, any such authorized trustee may, and upon the written request of the Registered Owners of not less than twenty-five percentum (25%) in aggregate principal amount of the Outstanding Bonds shall, declare the principal amount of and premium, if any, on all of the Outstanding Bonds (if not then due and payable), and the interest accrued thereon, to be due and payable immediately. However, no such acceleration shall be effective without the prior written consent of the Credit Facility Issuer. The declaration shall be made by a notice in writing delivered to the County. Upon that declaration, that principal and premium, if any, and interest on Outstanding Bonds accelerated in accordance with this Section shall become and be due and payable immediately. 40 i 0 3 60.4 R E D/ S T L 000709/ R -A U T H %M. ti.r/ No later than five days after such declaration, the trustee shall mail written notice of the acceleration to the same parties and in the same manner as is provided herein with respect to notice of redemption of Bonds; provided, that no failure to receive notice by mailing, and no defect in any notice as to any Bond or Registered Owner, shall affect the validity of the acceleration as to such Bond or Registered Owner or any other Bond or Registered Owners. The notice shall specify the date on which payment of the principal, premium, if any, and interest shall be tendered to the Registered Owner. Pursuant to the notice, interest on the Bonds shall accrue to the date determined by the trustee for the tender of payment to the Registered Owner; provided that to the extent any principal amount of Outstanding Bonds remains unpaid because sufficient moneys are not available to the trustee to pay such principal amount on the date determined by the trustee for the tender of payment to the Registered Owners of those Bonds, interest shall continue to accrue after the date determined by the trustee for the tender of payment to the Registered Owners of those Bonds: The provisions of the preceding paragraph are subject, however, to the condition that if, at any time after a declaration of acceleration and prior to the entry of a judgment in a court for enforcement hereunder (after an opportunity for hearing by the County): (i) all sums payable hereunder (other than the principal of and interest on Bonds which shall not have reached their stated maturity dates, but which are due and payable solely by reason of the declaration of acceleration), together with, to the extent permitted by law, interest on any overdue installments of interest at the rate borne by the Bonds in respect of which the Event of Default shall have occurred shall have been duly paid, or provision shall have been duly made therefore by deposit with the trustee or any paying agent; (ii) all existing Events of Default shall have been cured; and (iii) rescission of the declaration of acceleration would not conflict with any judgment or decree; in every case, the trustee may, and with the consent of the Registered Owners of a majority in aggregate principal amount of the Bonds shall, waive the Event of Default and its consequences and shall rescind and annul the declaration of acceleration. No waiver or rescission and annulment shall extend to or affect any subsequent Event of Default or shall impair any rights, remedies or powers consequent thereon. Regardless of whether a declaration of acceleration is made hereunder, upon the occurrence and continuance of an Event of Default, the authorized trustee or the Registered Owners of twenty-five percentum (25%) or more in aggregate principal of the Bonds then Outstanding may pursue any available right, remedy or power to enforce the payment of Debt Service and the observance and performance of any other covenant, agreement of obligation under this Resolution or any other instrument providing security, directly or indirectly, for the Bonds. No right, remedy or power conferred upon or reserved to the trustee or the Registered Owners under this Resolution is intended to be exclusive of any other available right, remedy or 41 1036v 3.4 RE D/S T L 000709/ R-A UT H 11%1./ °" W power, but each right, remedy or power shall be cumulative and concurrent and shall be in addition to every other right, remedy or power available hereunder or existing at law, in equity or by statute or otherwise now or hereafter. No exercise, beginning of the exercise, or partial exercise by the trustee or the Registered Owners or the Credit Facility Issuer of any one or more rights, remedies or powers shall preclude the simultaneous or later exercise by the trustee or the Registered Owners or the Credit Facility Issuer of any other right, remedy or power. No delay or omission in the exercise of any right, remedy or power accruing upon any Event of Default shall impair that or any other right, remedy or power or shall be construed to constitute a waiver of any Event of Default, but every right, remedy or power may be exercised from time to time and as often as may be deemed to be necessary or desirable. (End of Article V) 42 0360 4RED/STL000709/R-AUTH M %Wok ARTICLE VI MISCELLANEOUS PROVISIONS SECTION 6.01. SALE OF BONDS. The Bonds shall be issued and sold at public sale, private placement, or negotiated sale at one time or in installments from time to time and at such price or prices consistent with the provisions of the Act, the laws of the State, and the requirements of this Resolution. SECTION 6.02. NOTICES TO CREDIT FACILITY ISSUER; CREDIT FACILITY ISSUER DEEMED SOLE BONDOWNER AND A PARTY IN INTEREST. Whenever a Credit Facility Issuer shall be providing a Credit Facility with respect to any Bonds issued hereunder. such Credit Facility Issuer shalFbe entitled to receive and shall be provided by certified mail all notices and reports which are required herein to be prepared and to be sent or made available to Registered Owners of such Bonds and a full transcript of any proceedings relating to the execution of any supplemental resolution hereto. Notwithstanding any other provisions of this Resolution to the contrary, the Credit Facility Issuer shall be deemed to be the sole Registered Owner of all Bonds insured by it for purposes of exercising rights, consents or remedies granted under this Resolution. For any amendment or modification of the Resolution for which a Credit Facility Issuer shall consent in replacement of the Registered Owners, notice of such amendment or modification along with a copy of such supplemental resolution shall be sent to each Rating Agency at least twenty (20) days prior to the adoption of such amendment or modification. Any provision of this Resolution to the contrary notwithstanding, if under any provision hereof any action is to be taken only with the consent or approval of a Credit Facility Issuer, and if at the time such consent or approval would otherwise be called for such Credit Facility Issuer is not in compliance with its payment obligations of or is contesting its obligations under its Credit Facility, then the rights of such Credit Facility Issuer to any consent or approval hereunder shall be suspended while any such noncompliance or contest is ongoing. Except as expressly provided herein to the contrary, neither the County nor the Paying Agent shall take the Credit Facility into effect in determining whether the rights of Registered Owners are adversely affected by actions taken pursuant to the terms and provisions of the Resolution. _ The Credit Facility issuer shall be included as a party in interest and as a party entitled to (i) notify the Paying Agent or any trustee or the County to intervene in judicial proceedings that affect the Bonds or the security therefor. The trustee, the Paying Agent and the County shall be required to accept nofice of default from the Credit Facility Issuer. SECTION 6.03. NO RECOURSE. No recourse shall be had for the payment of the Debt Service on the Bonds, or for any claim based thereon or on this Resolution, against any present or former member or officer of the Board or any person executing the Bonds. SECTION 6.04. DEFEASANCE. Notwithstanding the foregoing provisions of this Resolution, if, at any time, the County shall have paid, or shall have made provision for payment 43 30360 4RED/STL000709/R.AUTH of, the principal, interest and redemption premiums, if any, with respect to any Bonds, then, and in that event, the pledge of and lien on the Pledged Revenues in favor of the Registered Owners of such Bonds shall be no longer in effect. For purposes of the preceding sentence, deposit of noncallable Defeasance Obligations in irrevocable trust with a banking institution or trust company, for the sole benefit of the Registered Owners of such Bonds, in respect to which such Defeasance Obligations, the principal and interest received will be sufficient, without reinvestment, in the opinion of an Independent Certified Public Accountant to make timely payment of the Debt Service on such outstanding Bonds designated to be defeased, and receipt of an opinion of Bond Counsel to the effect that such deposit has no adverse effect on the exclusion from gross income for federal income tax purposes of interest on the Bonds, shall be considered "provision for payment". Nothing herein shall be deemed to require the County to call any of the Outstanding Bonds for redemption prior to maturity pursuant to any applicable optional redemption provisions, or to impair the discretion of the County in determining whether to exercise any such option for early redemption. Notwithstanding the foregoing, amounts paid by a Credit Facility Issuer shall not be deemed paid for the purposes of this Section and shall remain due and owing hereunder until paid in accordance with the Resolution. SECTION 6.05. PAYMENTS DUE AND ACTS REQUIRED TO BE DONE ON DAYS WHICH ARE NOT BUSINESS DAYS; TIME. The following provisions shall govern the calculation of the time for performance hereunder: (a) in any case where any payment of Debt Service is required to be paid on a date which is not a Business Day, then such payment need not be made on such date, but shall be made on the next succeeding Business Day, with the same force and effect as if made on the date fixed for such payment, and no interest shall accrue on such payment for the period after such date if such payment is made on such next succeeding Business Day; (b) in any case where any act is required or any notice is required to be given hereunder on any day other than a Business Day, then such act shall be done or such notice shall be given on the next succeeding Business Day, with the same force and effect as if such act had been performed or such notice had been given on the date required; and (c) all times for the making of any payment or the performance of any act, as provided in this Resolution means the local time prevailing in the County unless some other time is expressly provided for. SECTION 6.06. MODIFICATION OR AMENDMENT. (A) No material modification or amendment of this Resolution or of any ordinance or resolution amendatory hereof or supplemental hereto, may be made without the consent in writing of the Registered Owners of fifty-one percent (51 %) or more in principal amount of the Bonds then Outstanding. (B) The County, from time to time and at any time and without the consent or concurrence of any Registered Owners of any Bonds, may adopt a resolution amendatory hereof or supplemental hereto, if the provisions of such supplemental resolution shall not adversely affect the rights of the Registered Owners of the Bonds then outstanding, for any one or more of the following purposes: (1) to make any changes or corrections in this Resolution which the County shall have been advised by counsel are required for the purpose of curing or correcting any ambiguity or defect or inconsistent provision or omission or mistake or manifest error contained 44 3036v3-4RED/STL000709/R-A UT H M In herein, or to insert in this Resolution such provisions clarifying matters or questions arising hereunder as are necessary or desirable; (2) to add additional covenants and agreements of the County for the purpose of further securing the payment of the Bonds; (3) to surrender any right, power or privilege reserved to or conferred upon the County by the terms hereof, (4) to confirm by further assurance any lien, pledge or charge created or to be created by the provisions hereof, (5) to grant to or confer upon the Registered Owners any additional right, remedies, powers, authority or security that lawfully may be granted to or conferred upon them; (6) to obtain a Credit Facility and/or Reserve Account Credit Facility for any Series or installment of Bonds; (7) to obtain a Rating Category for any Series or installment of Bonds; (8) to assure compliance with the Code; (9) to provide such changes which, in the opinion of the County, based upon such certificates and opinions of the Independent Consultant, Independent Certified Public Accountant, Bond Counsel, financial advisors or other appropriate advisors as the County may deem necessary or appropriate, will not materially adversely affect the security of the Registered Owners, including, but not limited to, such changes as may be necessary in order to adjust the terms hereof so as to facilitate the issuance of other types of obligations, including, but not limited to, bonds, notes, certificates, warrants or other evidences of indebtedness, which are Subordinated Bonds; (10) to modify any of the provisions of this Resolution in any other respects, provided that such modification shall not be effective (a) with respect to the Bonds outstanding at the time such amendatory or supplemental resolution is adopted or (b) shall not be effective (i) until the Bonds Outstanding at the time such amendatory or supplemental resolution is adopted shall cease to be Outstanding, or (ii) until the Registered Owners thereof consent thereto. (C) The foregoing provisions of (A) and (B) notwithstanding, (1) no consent of any Registered Owners shall be required with respect to modification or amendment as to which modification or amendment the Credit Facility Issuer has provided its prior written consent and (2) no modification or amendment (other than as described in paragraphs (1) through (5) of paragraph (B) above) shall be effective without the prior written consent to such modification or amendment of the Credit Facility Issuer, and (3) no modification or amendment shall permit a change in the maturity of such Bonds, a reduction in the rate of interest thereon, a reduction in the amount of the principal obligation represented thereby or a reduction in the redemption premium required to be paid in connection with any optional redemption thereof; nor shall any 45 3036v 3-3 RE D/STL000709/R-A UTH *Owl - . 4 modification or amendment either affect the unconditional promise of the County to pay the principal of and interest on the Bonds, as the same shall become due, from the Pledged Revenues, or reduce the percentage of Registered Owners of Bonds above required to consent to such material modifications or amendments, without the consent of the Registered Owners of all such Bonds and any Credit Facility Issuer. A notice and a copy of any amendment or modification shall be sent to each of the Rating Agencies at least twenty (20) days prior to the execution or adoption thereof. SECTION 6.07. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions of this Resolution should be held to be contrary to any express provision of law or to be contrary to the policy of express law, though not expressly prohibited, or to be against public policy, or should for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements, or provisions of, and in no way affect the validity of, all the other provisions of this Resolution or of the Bonds. SECTION 6.08. REPEALING CLAUSE. All resolutions of the County, or parts thereof, in conflict with the provisions of this Resolution are to the extent of such conflict, hereby superseded and repealed. SECTION 6.09. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. PASSED AND DULY ADOPTED this day of , 1999. (SEAL) ATTEST: Clerk of the Circuit Court, ex officio Clerk to the Board of County Commissioners ST. LUCIE COUNTY, FLORIDA LOM Chairman, Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: County Attorney 46 3036v3-4R ED/STL000709/ R-A U TH M In No. EXHIBIT A UNITED STATES OF AMERICA STATE OF FLORIDA ST. LUCIE COUNTY HOLIDAY PINES WATER AND SEWER SYSTEM REVENUE BOND [FORM OF FIRST PARAGRAPH OF CURRENT INTEREST PAYING BOND] RATE OF INTEREST MATURITY DATE DATE CUSIP REGISTERED OWNER: PRINCIPAL AMOUNT: KNOW ALL MEN BY THESE PRESENTS, that St. Lucie County, Florida (the "County"), for value received, hereby promises to pay to the Registered Owner designated above, or registered assigns, solely from the special funds hereinafter mentioned, on the Maturity Date specified above, the Principal Amount shown above, upon presentation and surrender hereof at the corporate trust office of , as Registrar and Paying Agent, and to pay solely from such funds, interest thereon from the date of this Bond or from the most recent Interest Payment Date to which interest has been paid, whichever is applicable, until payment of such Principal Amount, at the Rate of Interest per annum set forth above, such interest to the maturity or prior redemption hereof being payable on , 19_, and thereafter on 1 and 1 of each year by check or draft mailed on or before the Interest Payment Date, to the Registered Owner at his address as it appears, at 5:00 P.M. Eastern Time an the fifteenth day of the month preceding the applicable Interest Payment Date, on the Register of the County kept by the Registrar; provided, that for any Registered Owner of One Million Dollars ($1,000,000) or more in principal amount of Bonds, such payment shall, at the written request of such Registered Owner be by wire transfer or other medium acceptable to the County and to such Registered Owner. The principal of, premium, if any, and interest on this Bond are payable in lawful money of the United States of America. [FORM OF FIRST PARAGRAPH OF CAPITAL APPRECIATION BOND] 47 30360 BRED/STL000709/R-AUTH fir..►' �..�` PRINCIPAL AMOUNT AT ISSUANCE PER DATE OF $5,000 RATE OF INTEREST ORIGINAL DATE MATURITY CUSIP AMOUNT REGISTERED OWNER: MATURITY AMOUNT: KNOW ALL MEN BY THESE PRESENTS, that St. Lucie County, Florida (the "County"), for value received, hereby promises to pay to the Registered Owner designated above, or registered assigns, solely from the special funds hereinafter mentioned, on the Maturity Date specified above, the Maturity Amount shown above, upon presentation and surrender hereof at the corporate trust office of , as Registrar and Paying Agent; provided, that for any Registered Owner of One Million Dollars ($1,000,000) or more in principal amount of Bonds, such payment shall, at the written request of such Registered Owner, be by wire transfer or other medium acceptable to the County and to such Registered Owner. The Maturity Amount and premium, if any, of this Bond are payable in lawful money of the United States of America. [FORM OF REMAINDER OF FACE OF BOND] This Bond is a limited, special obligation of the County, payable from and secured solely by a lien upon and pledge of (i) the Net Revenues to be derived from the operation of the System, (ii) certain Capital Facilities Charges, and (iii) the moneys on deposit in certain funds and accounts established pursuant to the Resolution, hereinafter referred to. This Bond does not constitute a general obligation or indebtedness of the County, and it is expressly agreed by the Registered Owner of this Bond that such Registered Owner shall never have the right to require or compel the exercise of the ad valorem taxing power of the County, or the taxation of any property of or in the County, for the payment of the principal of and interest on this Bond or for the making of any sinking fund, reserve or other payments provided for in said Resolution. It is further agreed between the County and the Registered Owner of this Bond, that this Bond and the obligation evidenced hereby shall not constitute a lien upon the System or any part thereof, or on any other property of or in the County, but shall constitute a lien only on the Pledged Revenues, in the manner provided in the Resolution. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND APPEARING ON THE REVERSE SIDE HEREOF AND SUCH FURTHER PROVISIONS SHALL HAVE THE SAME FORCE AND EFFECT AS IF SET FORTH ON THE FACE HEREOF. 48 30360-4R E D/ST L000709/R-A UTH M It is hereby certified and recited that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond, exist, have happened and have been performed in regular and due form and time as required by the Laws and Constitution of the State of Florida applicable thereto, and that the issuance of this Bond, and of the issue of Bonds of which this Bond is one, does not violate any constitutional or statutory limitation. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar. IN WITNESS WHEREOF, St. Lucie County, Florida has issued this Bond and has caused the same to be executed by the Chairman or Vice -Chairman of its Board of County Commissioners, either manually or with his facsimile signature, and the corporate seal of said County or Board, or a facsimile thereof to be affixed hereto or imprinted or reproduced hereon, and the foregoing attested by the manual or facsimile signature of the Clerk or Deputy Clerk of the Circuit Court, ex Officio Clerk or Deputy Clerk of the Board, all as of the day of (SEAL) ATTEST: Clerk of the Circuit Court, ex officio Clerk to the Board of County Commissioners 49 ST. LUCIE COUNTY, FLORIDA Chairman, Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: County Attorney 3 03 6 v J -J RE D/ S T L 000 709/ R -A U T H 50 303604 RE D/STL000709/R-A UTH v I , r BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds of the issue described in the within -mentioned Resolution. Date of Authentication: 51 303604 R ED/STL000709/R-A U TH As Bond Registrar Authorized Signature I , , (MATERIAL APPEARING ON REVERSE OF BONDS) This Bond is one of an authorized issue of Bonds, originally issued in the aggregate principal amount of $ , of like date, tenor and effect, except as to number, interest rate, and date of maturity, issued to finance the [DESCRIBE PURPOSE] and all purposes incidental thereto, under the authority of and in full compliance with the Constitution and Statutes of the State of Florida, including particularly, Chapter 125, Part I, and Chapter 153, Part I, Florida Statutes, Ordinance No. 87-77 of the County, and other applicable provisions of law (collectively, called the "Act"), and a Resolution duly adopted by the Board of County Commissioners of the County on the day of 1999, as amended and supplemented from time to time (herein collectively called "Resolution"), and is subject to all the terms and conditions of said Resolution. Capitalized terms used herein shall have the meaning specified in the Resolution. The County has entered into certain covenants with the Registered Owners of the Bonds of this issue for the terms of which reference is made to said Resolution. In particular, the County has reserved the right to issue additional obligations payable from and secured by a lien upon and pledge of the Pledged Revenues on a parity with the Bonds of this issue and series, upon compliance with certain conditions set forth in the Resolution. The County has also reserved the right to defease the lien of the Bonds of this issue upon the Pledged Revenues upon making provision for payment of the Bonds as provided in the Resolution. The Bonds maturing in the years to are not subject to redemption prior to their stated dates of maturity. The Bonds maturing on and thereafter are redeemable prior to maturity, at the option of the County, in inverse order of maturity, and by lot within maturity if less than a full maturity, from any moneys legally available therefor, at a redemption price, expressed as a percentage of the principal amount of the Bonds so redeemed, if redeemed during the following periods: Redemption Period (Both dates inclusive) Redemption Price (%) (INSERT TABLE) The Bonds maturing in the year are subject to mandatory redemption prior to maturity by lot at a redemption price of par plus accrued interest to the date of such redemption on of each year in the years and amounts as follows: Year Amount Year Amount (INSERT TABLE) Notice of such redemption shall be given in the manner provided in the Resolution. 52 303604 R ED/ST L000709/R-A UTH a om q n Ah N■r0 This Bond is and has all the qualities and incidents of a negotiable instrument under the Uniform Commercial Code -Investment Securities Laws of the State of Florida, and the Registered Owner and each successive Registered Owner of this Bond, shall be conclusively deemed by his acceptance hereof to have agreed that this Bond shall be and have all the qualities and incidents of negotiable instruments under the laws of the State of Florida. STATEMENT OF INSURANCE [INSERT STATEMENT OF INSURANCE, IF ANY] The following abbreviations, when used in the inscription on the face of the within bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common UNIF GIF MIN ACT - TEN ENT - as tenants by the entireties (Cust.) JT TEN - as joint tenants with right Custodian for of survivorship and not of (Minor) tenants in common Additional abbreviations may also be used although not listed above. 53 3036v3-4 RED/S TL000709/R-A UT H 4. 0 en ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers to (Please insert Social Security or other Identifying Number of Assignee) the within Bond and does hereby irrevocably constitute and appoint the Bond Trustee as his agent to transfer the Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature guaranteed: NOTICE: Signature must be guaranteed by an institution which is a participant in the Securities Transfer Agent Medallion Program (STAMP) or similar program. (Authorized Officer) 54 3,0360-4 RE D/STL000709/R.A UTH NOTICE: The signature to this assignment must correspond with the name of the Registered Owner as it appears upon the face of the within note in every particular, without alteration or enlargement or change whatever. r This redlined draft, generated by CompareRite (TM) - The Instant Redliner, shows the differences between - original document : F:\JACKSONV\RFREEMAN\STL00\2CC03!.DOC and revised document: F:\JACKSONV\RFREEMAN\STL00\2CC04!.DOC CompareRite found 109 change(s) in the text Deletions appear as Overstrike text Additions appear as Double Underline text 55 3 07 60 -S RE D/ S T L 000 709/ R• A U T H CONSENT AGENDA 06/11/99 S� LUCIE COUNTY - BOARD `"" PAGE FZABWARR -- WARRANT LIST #37- 05-JUN-99 TO 11-JUN-99 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 64,847.71 242,442.29 001116 Sec 112/MPO/FHWA/Planning 98/99 982.74 4,492.08 001120 Community Services Block Grnt 98/99 2,977.00 0.00 001122 CDBG--World of Plastics 10,000.00 0.00 101 Transportation Trust Fund 62,056.27 87,582.25 101001 Transportation Trust Interlocals 6,714.44- 0.00 101002 Transportation Trust/80% Constitut 67,381.26 0.00 101003 Transportation Trust/Local Option 22,381.00 0.00 102 Unincorporated Services Fund 9,410.85 34,756.40 102001 Drainage Maintenance MSTU 918.15 2,939.53 104 Grants & Donations Fund 77,147.12 0.00 105 Library Special Grants Fund 123.62 1,816.93 107 Fine & Forfeiture Fund 43,411.56 58,551.57 112 River Park II Fund 507.17 0.00 115 Sheraton Plaza Fund 431.90 0.00 118 Paradise Park Fund 693.65 0.00 140 Port & Airport Fund 9,043.46 7,181.82 145810 98-99 SWIM Imp. VIII Restoration 135.55 0.00 160 Plan Maintenance RAD Fund 2,668.89 1,964.80 170 Court Facilities Fund 2,641.08 0.00 182 Environmental Land Acquisition Fund 106.77 1,431.39 183 Ct Admin1strator-19th Judicial Cir 592.89 3,653.51 183001 Ct Administrator-Arbitration/Mediat 208.18 2,449.60 183004 Ct Admin.- Teen Court 66.95 897.60 ` 183206 ^' FDJJ-Teen Court 98/99 85.32 1,138.46 183207 Court Transcribing Costs 98/99 1,890.00 0.00 185202 FHFA- SHIP 97/98 16,162.00 0.00 186 Recycling Operating Fund 99.69 1,334.69 186202 DEP-Recycling & Education 98/99 295.43 444.89 315 County Building Fund 13,625.66 0.00 316 County Capital 22,881.20 0.00 392 Ideal Holding Road MSBU Capital 21.05 0.00 401 Sanitary Landfill Fund 12,517.05 26,695.51 418 Golf Course Fund 6,731.19 15,751.11 421 H.E.W. Utilities Fund 114.31 145.53 441 North Hutchinson Island Utilities 61,391.46 2,425.46 451 S. Hutchinson Utilities Fund 1,992.30 2,279.95 461 Sports Complex Fund 19,355.83 9,762.24 491 Building Code Fund 4,291.79 13,939.70 501 Automated Services Fund 25,261.00 55,897.63 505 Health Insurance Fund 203.85 0.00 505001 Property/Casualty Insurance Fund 643,603.13 0.00 510 Service Garage Fund 24,194.44 8,965.93 611 Tourist Development Trust-Adv Fund 252.91 2,697.31 625 Law Library 11,050.46 0.00 655 Insurance Agency Fund 79,400.31 0.00 GRAND TOTAL: 1,317,439.71 591,638.18 06/11/99 S LUCIE COUNTY - BOARD `WO# FZABWARR - VOID LIST# 37- 05-JUN-99 TO 11-JUN-99 f FUND: 625 - Law Library 4=1> CHECK INVOICE VENDOR TOTAL 00242218 99020290 LRP Publications 390.00 FUND TOTAL: 390.00 PAGE 1 gn AGENDA REQUEST a� ITEM NO. C 1% DATE: June 15, 1999 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: Drug Abuse Treatment Assn., Inc. ("DATA") - Sixth Amendment to June 12, 1990 Facilities Use Agreement BACKGROUND: See attached memorandum CA 99-776. FUNDS AVAILABLE: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed sixth amendment to the facilities use agreement with DATA and authorize the chairman to sign the amendment. COMMISSION ACTION: [`APPROVED [ ] DENIED [ ] OTHER: County Attorney: Originating Dept. Finance: (Check for Copy only, if applicable): CONCU NCE: -- TouglIs Anderson County Administrator Review and Approvals Management & Budget: Purchasing: Other: Other: INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 99-776 DATE: June 9, 1999 SUBJECT: Drug Abuse Treatment Assn., Inc. ("DATA") Sixth Amendment to June 12, 1990 Facilities Use Agreement BACKGROUND: On June 12, 1990, the County entered into a facilities use agreement with Drug Abuse Treatment Assn., Inc. ("DATA") for the former Youth Hall. DATA operates a juvenile drug treatment program at the facility. Attached to this memorandum is a copy of a proposed sixth amendment to the facilities use agreement which extends the term of the agreement through June 30, 2000 and provides for DATA to assume maintenance responsibilities for the facility. CONCLUSION/RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed sixth amendment to the facilities use agreement with DATA and authorize the chairman to sign the amendment. Respectfully submitted, Heather YEng Assistant County Attorney Attachment HY/ Copies to: County Administrator Central Services Manager Finance Director Contracts Coordinator M SIXTH Alti1ENDNIENT TO JUKE 12, 1990 FACILITIES USE AGREEMENT THIS SIXTH A1NIENDIVIENT is dated this day of , 1999, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", and DRUG ABUSE TREATMENT ASSN., INC., a Florida corporation, hereinafter referred to as "D.A.T.A.". WHEREAS, the parties entered into a Facilities Use Agreement on June 12, 1990 for the use of certain facilities referred to as the "Youth Hall"; and, WHEREAS, on May 7, 1991, the parties entered into a first amendment to the June 12, 1990 agreement to amend the description of the subject property to delete approximately seventy- four thousand eight hundred forty-four (74,844) square feet; and, WHEREAS, on July 28, 1992, the parties entered into a second amendment to the June 12, 1990 agreement to permit D.A.T.A. to install a portable classroom on the subject property; and, WHEREAS, on March 22, 1994, the parties entered into a third amendment to the June 12, 1990 Agreement to permit D.A.T.A. to install modular units to provide a day treatment program for juvenile offenders on the subject property pursuant to a contract with the Florida Department of Health and Rehabilitative Services, hereinafter referred to as "H.R.S."; and, WHEREAS, on February 22, 1996, the parties entered into the fourth amendment to the June 12, 1990 Agreement to permit D.A.T.A. to use the modular units to expand its juvenile drug and alcohol treatment programs and to extend the term of the Agreement through and including - 1 - M ` MW June 30, 1998 subject to the renewal of the contract with H.R.S. for in -patient substance abuse treatment for children with an additional one year option to renew the agreement upon the same terms and conditions, upon renewal of D.A.T.A.'s contract with H.R.S., as amended. WHEREAS, on July 7, 1998, the parties entered into a fifthamendment to the agreement to extend the term for an additional one (1) year period through and including June 30, 1999 upon the same terms and conditions. WHEREAS, D.A.T.A. wishes to exercise its option to renew the agreement for an additional one (1) year period through and including June 30, 2000 upon the same terms and conditions. WHEREAS, the County desires to amend the agreement to require D.A.T.A. to assume responsibility for maintenance of the facility. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the June 12, 1990 Agreement as follows: 1. Paragraph 2. D.A.T.A. USE OF YOUTH HALL,• TERIM, RENEWAL is hereby amended to read as follows: 2. DATA USE OF YOUTH HALL; TERINI• RENEWAL D.A.T.A. shall be considered the County's agent for the sole purpose of providing supervision of County employees at the Youth pursuant to the County's contract with H.R.S. for the period July 1, 1990 through the termination of said contract effective July 1, 1990. For the period beginning July 1, 1990, D.A.T.A. will commit to use the Youth Hall, including the personal property owned by the County as listed in the inventory attached hereto and incorporated herein as Exhibit "C" to provide in -patient substance abuse treatment for children pursuant to its contract with H.R.S. For the period January 1, 1995 through and including December 31, -2- *to.,,: N.d/ 1995, D.A.T.A. will also provide a day treatment program for juvenile offenders pursuant to its contract with H.R.S. The term of this Agreement shall be for the period July 1, 1990 through and including June 30, 2000, subject to the renewal of the contract with H.R.S. for in -patient substance abuse treatment for children and may be renewed for an additional one (1) year period upon the same terms and conditions, upon renewal of D.A.T.A.'s contract with H.R.S., as amended. Either parry may terminate this Agreement with or without cause, upon thirty (30) days prior written notice to the other party. 2. Paragraph 11. REPAIRS AND MAINTENANCE is hereby amended to read as follows: DATA agrees at its expense to keep and maintain the Youth Hall, including grounds, furnishing, fixtures, and personal property in a good state of repair and condition. DATA agrees at its expense to make all routine repairs to the Youth Hall, including electrical, plumbing, air conditioning, roof, sewer conditions, and all other repairs that may be required to be made, excluding structural repairs, and DATA shall at its own expense keep the building interior, exterior, fixtures and equipment in a good state of repair, in good condition and at all times well painted DATA at its expense to the County upon the termination of this agreement, the Youth Hall in a good state of repair and condition, ordinary wear and tear, and damage by the elements or fire excepted. DATA shall, through the term of this agreement assume the entire responsibility and shall relieve the County from all responsibility for repair and maintenance whatsoever to the Youth Hall, which shall include but not be limited to all repairs necessitated by the action of DATA, or its agents, servants, employees, clients, customers, patrons, or invitees. DATA shall keep the Youth Hall at all times in a clean and orderly condition and appearance and all of DATA's fixtures, equipment and personal property which are located on any part of the Youth Hall which are open or visible to the general public shall -' likewise be so kept and maintained. DATA shall be responsible for the maintenance and repair of all utilities service lines that DATA is using (except common utilities, if any), including, but not limited to, service lines for the supply of water, gas, electricity and telephone service, sanitary sewers and storm sewers. DATA shall, at all times during the terms of this agreement take appropriate anti - erosion measures to prevent or restore erosion caused by DATA, its agents or employees. In the event DATA fails in any material respect to so maintain, clean, repair, -3- `fir►'1a00%� replace, or rebuild the Youth Hall within a period of thirty (30) days after notice from the County to do so, or fails in any material respect diligently to pursue to completion such repair, replacement, or rebuilding, then the County may at its option, and in addition to any other remedies which may be available to it, repair, replace, or rebuild all or any part of the Youth Hall included in such notice, and the cost shall be payable by DATA immediately upon demand of the County. On or before September 30, 1999 and on or before March 31, 2000, the County Central Service Manager, or his designee, shall inspect the Youth Hall. Following each inspection, the County shall provide DATA with a list of any required repairs, replacement or maintenance and a schedule for completion of such items. In the event DATA fails in any material respect to complete such items in accordance with such schedules, the County may terminate this agreement in accordance with the Paragraph 2 on thirty (30) days prior written notice. The County may at its option, in addition to or as an alternative to termination, complete the listed items and the cost shall be payable by DATA immediately upon demand of the County 3. Except as amended herein, the remaining terms and conditions of the June 12, 1990 agreement, as previously amended, shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and D.A.T.A. has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: DEPUTY CLERK BOARD OF COUNTY CONMISSIONERS ST. LUCIE COUNTY, FLORIDA CH.=3IRINIAN APPROVED AS TO FORM AND CORRECTNESS: '.m COUNTY ATTORNEY ATTEST: CK11 ETARY g: I artyI agreemntl6a-DATA DRUG ABUSE TREATMENT ASSN., INC. BY: PRESI ENT -5- (SEAL) `ftw AGENDA REQUEST ITEM NO. p� DATE: June 15, 1999 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: Domestic Relations Hearing Officer - Grant Contract with State of Florida Department of Revenue and Fourth Amendment to August 5, 1996 Agreement with Alberta S. Whitman, Esquire BACKGROUND: See attached memorandum CA 99-777. FUNDS AVAILABLE: Revenue Account No. 183105-661-331691-6000 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed grate contract with the Florida Department of Revenue for the domestic relations hearing officer program, and authorize the chairman to sign the contract. Staff further recommends that the Board approve the fourth amendment to the August 6, 1996 agreement with Alberta S. Whitman, Esquire, and authorize the chairman to sign the amendment. COMMISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: County Attorney: Originating Dept. Finance: (Check for Copy only, if applicable): w� WugYas Anderson County Administrator Review and Approvals Management & Budget: Purchasing: Other: Other: 'err `..i INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 99-777 DATE: June 9, 1999 SUBJECT: Domestic Relations Hearing Officer - Grant Contract with State of Florida Department of Revenue and Fourth Amendment to August 5, 1996 Agreement with Alberta S. Whitman, Esquire BACKGROUND: Attached to this memorandum is a copy of the proposed grant contract with the Florida Department of Revenue for the 1999-2000 domestic relations hearing officer program. The total project cost will be seventy-one thousand seven hundred forty-nine and 80/100 dollars ($71,749.80). Pursuant to the grant contract, the state will reimburse the County for sixty-six percent (66 %) of the program cost in the amount of forty-seven thousand three lundred fifty-four and 87/100 dollars ($47,354.87). The County's share of the local match will be ten thousand eighty-nine and 40/100 dollars ($10,089.40). The remainder of the local match will be paid by the other counties in the Nineteenth Judicial Circuit. In 1996, the County entered into an agreement with a local attorney, Alberta S. Whitman, to serve as the hearing officer. Attached to this memorandum is a copy of a proposed fourth amendment to her agreement which would extend the term through and including June 30, 2000. Her monthly compensation in the amount of five thousand nine hundred seventy-nine and 151100 ($5,979.15) is unchanged from last year. This compensation is also intended to cover her operating expenses for the program. CONCLUSION/RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed grant contract with the Florida Department of Revenue for the domestic relations hearing officer program, and authorize the chairman to sign the contract. Staff further recommends that the Board approve the fourth amendment to the August 6, 1996 agreement with Alberta S. Whitman, Esquire, and authorize the chairman to sign the amendment. n E5 Attachments HE/ Copies to: County Administrator Court Administrator Finance Director Management and Budget Manager Contracts Coordinator Respectfully submitted, Heather Young Assistant County Attorney AGENDA REQUEST ITEM NO. Q DATE: June 15, 1999 CONSENT [ X ] REGULAR [ ] PUBLIC HEARING [ ] Leg. [ ] Quasi -JD. [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Community Development J��- ,,��o,munit`y Dev. Director gUBJECT:_ Department of Community Affairs - Local Mitigation Strategy Contract Modification RACKGROUND: Attached is a copy of a letter form the Department of Community Affairs requesting a Modification to the Local Mitigation Strategy Contract. The modification is necessary due to a delay in the Department of Community Affairs (DCA) providing data associated with model runs from the The Arbiter of Storms (TAOS) computer mode. The third period deliverable date is being modified from April 30, 1999 to May 31, 1999 and the fourth and fifth period deliverables will remain due on August 31, 1999. FUNDS AVAILABLE: PREVIOUS ACTION: Local Mitigation Strategy Contract executed December 9, 1998. i" Modification to Contract executed November 24, 1998. 2" Modification to Contract executed April 6, 1999. RRCOMMENDATION: Staff recommends that the Board approve the attached Modification and authorize the Chairman to execute the Modification. CQMHL S1QX ACTION: [ APPROVED [ ] DENIED - 7yyAMministrator OTHER:D g. nderson Coun County Attorney: Originating Dept: Finance: (copies only): Mgt & Budget: Other: Purchasing: other: M St. Lucie County Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: *Must be a County resident *Must not be related to another committee member, County Commissioner or County employee involved with the committee of interest *Must not be employed by the same business entity as other committee members. *Must not serve on more than 2 County committees Note: Some committees have additional requirements, please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1. PLEASE INDICATE THE COMMITTEES) YOU ARE INTERESTED IN, SEE THE REVERSE SIDE 2. NAME: PHONE: 3. HOME ADDRESS: 4 5 6 7. WHICH COMMISSION DISTRICT DO YOU LIVE IN? BUSINESS/OCCUPATION BUSINESS ADDRESS: PHONE: BRIEF RESUME OF EDUCATION & EXPERIENCE -.(please attach resume) DO YOU CURRENTLY SERVE ON A COUNTY COMMITTEE(S). IF 50, PLEASE LIST: WHY DO YOU THINK YOU ARE QUALIFIED TO SERVE ON THE COMMITTEE(5) INDICATED? WOULD YOU CONSIDER SERVING ON ANOTHER BOARD OTHER THAN THE ONE(S) STATED ABOVE?(PLEASE SPECIFY) COMMENTS: SIGNATURE: DATE: APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to:5t. Lucie County Administrator's Office 2300 Virginia Ave., Ft. Pierce, FI. 34982 Phone: 462-1453 ST. LUCIE C 1NTY ADVISORY BOARDS ANbN##6MMITTEE CITIZEN APPOINTMENTS AVAILABLE Please check the committees you are interested in: ❑ Beach Preservation Task Force ❑ Board of Adjustment ❑ Central Florida Foreign -Trade Zone, Inc. ❑ Children's Services Council ❑ Citizen's Budget Development Committee ❑ Code Enforcement Board ❑ Community Development Block Grant Citizen's Advisory Task Force ❑ Contractors Certification Board ❑ Cultural Affairs Council ❑ Emergency Medical Services Advisory Council ❑ Environmental Hearing Board ❑ Fl. Dept. of Children and Family Services Committee District 15 ❑ Fl. Dept. of Children and Family Services Nominating Qualifications Review Committee District 15 ❑ Fort Pierce Harbor Advisory Committee ❑ Historical Commission ❑ Housing Finance Authority ❑ Investment Committee ❑ Library Advisory Board ❑ Planning & Zoning Commission/Local Planning Agency ❑ Restudy Coordination Committee ❑ St. Lucie County Recreation Advisory Board ❑ Tourist Development Council ❑ Treasure Coast Health Council, Inc. ❑ Treasure Coast Regional Economic District/Overall Economic Development Program Committee ❑ Vegetation Protection Committee DEPT OF COMM AFFAIRS May 5 1999 15:01 P. 01 To: Fax #: From: Subject: Date: Pages: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FAX Cyndi Snay, Planner li, St. Lucie Co. Department of Community Development 561-462-1581 Jennifer Zadwick, Dept. of Community Affai ly Division of Community Planning, 8501414-9670 fax 850/488-3309 LMS Contract Modification #3 May 5, 1999 10, including this cover sheet. Cyndi - I have attached one copy of the proposed contract modification with the revised Scope of Work for the Local Mitigation Strategy contract. Please let me know if the revised Scope looks ok. if so, go ahead and make three more copies of the modification and revised Attachment A and have your Board sign them. if you need originals (rather than faxed copies), I can bring them next week. Thanks. Jennifer DEPT OF C" AFFAIRS Fax:8504883309 �e �,yt � r� ��q DEPARTMENT OF • May 5 1999 15:01 P.02 `rr1/ NITY AFFAIRS "Helping Floridians create safe, vibrant, sustainable communities" STEVEN M.et JEB BUSH Go%ernor May 5, 1999 MEMORANDUM TO: Dennis Murphy, Assistant Director St. Lucic County Department of Community Development FROM: Jennifer A. Zadwick, AICP Planning Manager Division of Community P14� SUBJECT: Modification #3 to Contract #99-LM-4H-106641-056, Local Mitigation Strategy Please find attached four copies of Modification #3 to the Local Mitigation Strategy Contract number 1#99-LM-4H^1066-01-056. This modification snakes several changes to the contract due to the Department's delay in providing data associated with model runs from The Arbiter of Storms computer model. First, the third period deliverables have been divided into two separate periods with distinct due dates. Second, the payment schedule associated with the creation of essentially a new deliverable period have been accordingly adjusted to reflect the first change. Third, the final deliverable is now the 511 period. Please note that with this modification, both fourth and fifth period deliverables will be due on the same date, August 31, 1999. Fourth period deliverables have been kept distinct and separate from fifth period deliverables despite assigning the same due date. Should deliverable requirements for the fourth period activities be met prior to the modified due date, the Department will honor requests for payment to compensate for these activities upon satisfactory acceptance by DCA. All of these changes are incorporated into a revised Attachment A - Scope of Work, which is attached to the contract modification. Please review these four (4) copies and have an authorized representative sign each and return them to my attention. Once the modification has been fully executed, one original copy will be returned to you. Should you have any questions or comments, please call me at (850) 414-9670. 2 A phone: (850) 4 8 84 6/5uun om 278 8466 fAI(:F{ 50) 921 0781FLORIDA 9 v0 ncom 291-0781 Internet address: htip://www.dca.state.fl.us GREEN SWAMP FLORIDA KEYS Area Of COUWA Slag Cuncem FkW Office ARa of Crd:cai Sloe COA"(0 FIO d Offke 205 East Main sitral. Svlta 104 2796 overseas H41%waY. Suite 211 OaAOw. Florida )241"641 s4aratho4 FlalEa 110S0.2227 DEPT OF CCIMhI AFFAIRS Fax :8504883309 May 5 1999 15:01 P. 03 Agreement #99-LM-4H-1066-01-056 MODIFICATION #3 TO CONTRACTUAL SERVICES AGREEMENT WHEREAS, St. Lucie County (Hereinafter "the Contractor") and the Department of Community Affairs (hereinafter "the Department") have entered into a Contractual Services Agreement (hereinafter "Agreement') for the purpose of preparation and development of Local Mitigation Strategies and pre- ideatiheation and prioritization of Hazard Mitigation Grant Program projects to become a part of the Statewide Hazard Midgation Strategy; and WHEREAS, based upon the delay in the Department's provision of The Arbiter of Storms (TAOS) computer modeling data to the Contractor, the parties desire to modify said Agreement to revise the third and fourth period deliverables and the associated due dares. NOW, THEREFORE, in consideration of the mutual promises herein contain4 the sufficiency of which is hereby acknowledged, Attachment A to the Agreement is hereby deleted in its entirety and replaced with Revised Attachment A for all interests and purposes. Revised Attachment A is attached hereto and incorporated by reference. All other provisions of the Agreement not inconsistent with this Modification #3 remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Modification #3 to be executed by their duly authorized officials as of the date below. CONTRACTOR: By: Title: Date; Federal Identification Number: SAMAS Account Code: STATE OF FLORMA-DEPARTMENT OF COMMUNITY AFFAIRS: By: Title: Date: Page 1 of 1 r$ay REVISED ATTACHMENT A SCOPE OF WORK LOCAL MITIGATION STRATEGY The Contractor shall develop a Local Mitigation Strategy (the LMS) using the Department of Community Affairs'(DCA) publication The Local Mitigation Strategy: A Guidebookfor Florida Cities and Counties, hereafter referred to as 'the Guidebook; " as well as other applicable guidance. Contractor shall solicit municipal participation in this process, through subcontracts with each municipality within the county, in order to achieve a single unified, LMS. Subcontracts mith Municipalities The Contractor shall solicit the participation of each municipality in the county, in the preparation of a single, unified Local Mitigation Strategy, by written communication to the Chief ,Administrative official of each municipality. That communication shall reference the Department's notification to the Contractor and the municipalities regarding the Local Mitigation Strategy and shall advise of the availability of the Local Mitigation Strategy funding for the municipality, in an amount identified by the Department. The communication shall include a subcontract between the Contractor and the municipality for the municipality's review and execution. The subcontract shall include appropriate terms and conditions and a scope of work supplementing the Contractor's work, as described hereafter. The Contractor shall supply to the Department copies of executed subcontracts with municipalities within ten (10) days of execution. The Contractor shall be paid an amount equal to I0% of each subcontracting municipality's allocation from the Department (the administrative fee), to compensate for the expenses of administering the subcontract. In the event that a municipality declines to participate through the subcontract, the Contractor will not receive the administrative fee for that municipality but the Contractor may retain 50% of the municipality's allocation from the Department, to compensate for costs associated with hazard identification and vulnerability assessment. If the Department determines it necessary, the parties agree to amend this Agreement following the first contract period, and identification of participating and non- participating municipalities, in order to reflect the revised contract amount representing the revised total allocation to the Contractor. Payment and Deliverables Schedule This is a fixed -fee contract. The Department will pay compensation at the end of each contract period, based on completion of activities identified in the scope of work, the submission of all deliverables listed below within the scheduled time frame, and a determination by the Department that Contractor has satisfactorily completed the pertinent activities and deliverables. At the end of lltr i Lj� t,UMM Hr t H 1 K5 M May Attachment A - Scope of Work Local Mitigation Strategy the first contract period the Contractor may be paid 20% of the total contract amount, 20 % at the end of the second contract period, 30a/o at the end of the third contract period, 10% at the end of the fourth contract period and the remaining 200/9 of the total contract amount at the end of the fifth and final contract period. Contractor shall submit all deliverables in a typewritten and bound format. The final deliverable shall be a compiled Local Mitigation Strategy document. All submissions to the Department shall be addressed to the Department Contract Manager. Contractor shall provide three (3) copies of all deliverables. I. 1" Connect Period -Deliverables due Minh 31,1292 On or before March 31, 1999, Contractor shall, as discussed in Sections 1 and 2 of the Guidebook, establish a Working Group to oversee the development ofthe local mitigation strategy, and designate a contact person for this group. Broad representation of interests should be evident in the membership of the Working Group. It should include local government representatives, citizens, and adjacent community representatives, representing a broad range of interests, organizations and agencies. The Working Group shall include a representative from each subcontracting municipality, and should include a representative of each municipality, regardless of whether the municipality enters into the subcontract. Contractor shall establish a regular meeting schedule for the Working Group, providing, at a minimum, for quarterly meetings of the Working Group. Subcontracts with municipalities shall provide for municipal participation in the Working Group by at least one representative from the subcontracting municipality and shall designate that person or persons. The designated municipal iepresentative(s) shall be responsible for supplying information required from the municipality by the terms of this Scope of Work and the teams of the municipal subcontract. A. On or before March 31, 1999, Contractor shall provide the Department with the following deliverables: 1. A listing of all executed subcontracting agreements between the Contractor and participating municipalities, identifying the municipal contact person for each subcontract. Contractor shall also provide a listing of those cities that have elected to have the county complew planning efforts associated with the development of the Local Mitigation Strategy, and a listing of those municipalities that have elected not to participate in the LMS process. 2. A listing of Working Group members, identifying the name and affiliation of each member, and identifying the Working Group contact; 3. A schedule of Working Group meeting dates; 4. Minutes from all Working Group meetings held during this period. B. On or before March 31,1999, Contractor shall, as discussed in Section 1 of the Guidebook identify and list procedures to resolve conflict between governmental entities that may arise from the development of the Local Mitigation Strategy. The Working Group may use the processes included in the Intergovernmental Coordination Element of each local government UCi 1 LIF l.tJl-0-1 rw r r11i\J ` 400, Attachment A - Scope of Work Local Mitigation strategy Comprehensive Growth Management Plan, or other appropriate alternatives. Contractor shall submit the listed procedures to the Department on or before March 31, 1999. Municipal subcontracts shall require that the municipal representative to the Working Group actively assist in the development of these Procedures- C. As discussed in Section 3 of the Guidebook, establish evaluation criteria and procedures to regularly review, update and revise the Local Mitigation Strategy to ensure it remains current and reflects changing conditions within the community. Evaluation criteria and procedures shall provide for review, update and revision, activities using a Working Group established and populated as provided herein. Municipal subcontracts shall require that the municipal representative to the Working Group actively assist in the development of these criteria and Procedures. Written evaluation criteria and procedures shall be submitted to the Department on or before March 31, 1999. D. As outlined in Section 4 of the Guidebook, initiate development of the Community Guiding Principles. First, identify and list government entities that perform hazard mitigation functions, including those at the federal, state, regional and local levels. List the functions that these agencies provide. List and describe all existing county, regional and municipal policies, ordinances, and programs that affect hazard mitigation activities, including, but not limited to, those found in the pertinent local government Comprehensive Growth Management plans, comprehensive emergency management plan, the emergency management 5-year strategic plan, local floodplain ordinances, stormwatcrmanagement plan policies, and -local building codes. Finally, evaluate these existing mitigation policies, ordinances and programs to determine their effectiveness at reducing the potential for loss of life and property as a result of a disaster. Municipal subcontracts shall require that the municipal representative to the Working Group actively assist in the development of these Community Guiding Principles. Municipal subcontracts shall also require that the municipality submit the following to Contractor reasonably, as determined by the Contractor, in advance of the Contractor's March 31, 1999 submission to the Department: I. The listing of municipt it agcacies and the mitiga t'on functions they provide. Include a narrative description of how these agencies help reduce losses from hazards. 2. The listing of existing municipal policies, ordinances and programs that affect mitigation; 3. An evaluation of existing municipal mitigation policies, ordinances and programs. describing their effectiveness at reducing losses of life and property. The Contractor shall compile comparable information for unincorporated areas of the County, and combine it with information submitted by or pertaining to all municipalities, for submission to the Department by March 31, 1999. ur.r i ur k-urirl Ht t H 1 K > t ax : t15U4U"6U'3 May 5 1999 15 : 03 P. 07 Attachment A - Scope of Work Local Mitigation Strategy Il. 2"d Contract Period -Deliverables due by March 31. 1999. As outlined in Section 4 of the Guidebook and drawing from the evaluation of existing mitigation policies ordinances and programs completed in the previous contracting period, provide the following to DCA by March 31, 1999: A. A single list of mitigation goals and objectives that will serve to guide a coordinated and comprehensive strategy to address hazard mitigation. B. An analysis of how existing policies, ordinances and programs could be strengthened to achieve the mitigation goals and objectives of the community. Municipal subcontracts shall require that the municipal representative to the Working Group actively assist in the development of the single list of mitigation goals and objectives and in the analysis of the strengthening of policies, ordinances and programs. C. Begin hazard identification and vulnerability assessment activities as outlined in Section 5 ofthe Guidebookand as described in the Hazard Identification and VulnerabilityAssessment supplement. Provide the Department, by March 31, 1999, with an inventory of the data which will be gathered by the county and participating municipalities. Identify responsibilities for collecting all data and identify potential data sources. Municipal subcontracts shall require that the municipal representative to the Working Group actively assist in the county -wide hazard identification and vulnerability assessment activities and, in particular, be responsible for the identification of municipal data sources and the provision of all municipal data and data regarding municipal facilities necessary for performance of the Hazard Identification and Vulnerability Assessment. D. As outlined in Section 2 ofthe Guidebook, identify private sector interests who would benefit from participation in the LMS process and identify how private sector involvement in LMS activities will be accomplished. Establish contact with relevant interests in the local business community and appropriate citizen groups to foster, encourage and obtain their participation. municipal subcontracts shall require that the municipal representative to the Working Group actively assist in the identification of private sector interests and methods for private sector involvement. Submit the following to the Department by March 31, 1999: 1. Identify the private sector interests that are participating in the LMS process. 2. Identify roles and responsibilities to strengthen private sector involvement in the LMS process. E. As discussed in Section 1 of the Guidebook, by March 31, 1999, submit to the Department procedures to prioritize both municipal and county mitigation initiatives. Include how the LMS Working Group will use hazard identification and vulnerability assessment data to identify potential mitigation initiatives. M Attachment A - Scope of Rork Local Mitigation Stratogy F. By March 31, -1999, submit Working Group meeting minutes to the Department for all meetings occurring during this period. ii1. and Contract period-Ds-liyerables due by May 31 1999: Continue the hazard identification and vulnerability assessment activities as outlined in Section 5of the Guidebook and as described in the Hazard Identification and Vulnerability Assessment Supplement. A. Municipal subcontracts shall require that the municipal representative to the Working Group be responsible for gathering and supplying Contractor with the following information: 1. Municipal critical facilities inventory (see attached list of critical facilities and categories compiled by the Department) 2. Listing of other municipal public buildings and facilities 3. Repetitive loss data for structures within the municipality's jurisdiction 4. Hazardous materials sites within the municipality's jurisdiction (facilities required to report under Section 302 of the federal Emergency Planning and Community Right -To -Know Act, 42 USC 11001, et seq, and implementing regulations) 5. Historical flood, data within the municipality's jurisdiction Contractor shall compile comparable information for the unincorporated areas of the County and combine it with all municipal data described above for submission to the Department on or before May 31, 1999. . B. Contractor shall submit GIS information to the Department in completion of the following deliverable requirements in a GIS ARCView "shape file" or ARCInfo "coverage" format. The Contractor shall compile and submit the following to the Department by May 31, 1999: 1. GIS data indicating critical facilities (including latitude and longitude coordinates), repetitive loss property data, hazardous materials sites (including latitude and longitude coordinates and identity of facility), and designation of areas that historically flood. 2. Text shall accompany all data explaining the conditions (rainfall, river gauge measures etc.) accompanying any historical flood data. C. By May 31, 1999, Contractor shall provide a progress report of private sector participation into the LMS process. Utt'I UI- LUMM 1+FH1K5 tax:Ui)U4t3KW3 May 5 11 Attachment A - Scope of Work Local Mitigation strategy D. By May 31, 1999, the Department shall provide to the County: 1. Paper maps of the county -wide hazard areas vulnerable to storm surge, inland flooding and wind, along with tables listing the results of the risk analysis providing, in particular, an estimate of potential costs and the likelihood of specific tropical cyclone events. 2. A CD -Rom containing the following: a. the results of the risk analysis for tropical cyclone events in a dBASE III format, and b. the demographic and property data on which the risk analysis was based E. By May 31, 1999, Contractor shall submit Working Group meeting minutes to the Department for all meetings occurring during this period. IV. a Contract Period -Deliverables due by August 31 1999: A. Complete the hazard identification and vulnerability assessment activities as outlined in Section 5 of the Guidebook and as described in the Hazard Identification and Vulnerability Assessment Supplement. By August 31, 1999, create a county -wide multi -hazard map based on the information supplied to the County by the Department during the Yd period. B. Contractor shall submit a list of potential mitigation initiatives as discussed in Section 6 of the Guidebook to the Department by August 31, 1999. The list shall be based upon the Community Guiding Principles and Hazard Identification and VulnerabilityAssemment data developed in preceding, contract period and compiled through the procedures established in the second contract period. The list shall include potential program, project, and policy initiatives at the county and municipal levels that have the potential to reduce losses of life and property from natural disaster events including but not limited to: 1. initiatives to reduce vulnerability 2. studies (including engineering studies) to identify cost beneficial mitigation activities 3. existing mitigation initiatives identified in existing local government Capital Improvements Plans for future funding consideration 4. recommended -program and policy actions and revisions to further promote effective hazard mitigation. C. By August 31, 1999, Contractor shall identify potential funding sources for the list of potential mitigation initiatives. Municipal subcontracts shall require that the municipal representative to the Working Group actively assist in the identification of potential funding sources. The identification of these potential sources shall be included as an attachment to Working Group minutes submitted to the Department by August 31, 1999. DEFI I..Jf- L" WF HIRS Fax :85WB83309 May 5 1999 15:04 M Attachatet+t A • scope of Work Local Mhigation Strategy D. By August 31, 19", Contractor shall submit Working Group meeting minutes to the Department. Meeting minutes shall include the presentation and acceptance of the following by August 31,1999: 1. all hazard identification and vulnerability assessment activities 2. the list of potential mitigation initiatives IV. S`" Contract Period -Deliverables due by August 31.1999: A. Contractor shall submit the Working Croup meeting minutes to the Department by August 31, 1999. B. Contractor shall provide. a final prioritized list of mitigation programs and initiatives, coupled with potential funding sources and recommended dates for implementation, to the Department by August'31, 1999. C. Contractor shall submit the final Local Mitigation Strategy as a compiled document to the local governing body for formal adoption. Contractor shall ensure that document includes the list of policy recommendations and prioritized mitigation initiatives that have been agreed upon by the Working Group. Contractor shall provide three copies of the document to the Department by August 31,1999. Contractor shall provide the Department with copies of any action taken by the local govcming body upon consideration of the Local Mitigation Strategy. (Remainder of Page Intentionally Left Blank] AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. C4a DATE: JUNE 15, 1999 REGULAR [] PUBLIC HEARING [ ] CONSENT[X] PRESENTED BY: SUBMITTED BY: ROAD & BRIDGI= DIVISION -TRAFFIC AJcottzHerring, �PE. Traffic Operations Engineer SUBJECT: Approval of the Work Authorization with Inwood Consulting Engineers, Inc. for the Design and Permitting of Intersection Improvements and Signalization at the Intersection of U. S. 1 and Weatherbee Road. On September 9, 1997, St. Lucie County entered into an agreement with Inwood Consulting Engineers, Inc. to provide intersection design plans at various locations. Staff has negotiated an agreement with Inwood Consulting Engineers, Inc. to provide these services at U. S. 1 and Weatherbee Road for turn lane improvements and signalization to meet FDOT Design and Permitting Requirements. FUNDS AVAIL.8 101003--41137-599330-4407 _PREVIOUS ACTION: Board Approval of Master Contract with Inwood Consulting Engineers, Inc. on September 9, 1997. Staff recommends that the Board approve the Work Authorization with Inwood Consulting Engineers, Inc. in the amount of $38,995.00 for the design and permitting of this intersection, and authorize the Chairman to sign the Work Authorization as prepared by the County Attorney. AISSION ACTION: I/APPROVED [ ] DENIED [ ] OTHER: [X]County Attorney [X]Originating Dept. Public Works [ ]Finance Coordination [X] Mgt. & Budge [X]Co. Eng (check for copy only, if applicable) Cou M. Anderson Administrator [ ]Purchasing — [X]Other P M o Road &Bridge Manager [X]Other Barbara Me' nhardt Budfl -t&R v -n ie Coord M M COMMISSION REVIEW: JUNE 15, 1999 ROAD & BRIDGE DIVISION MEMORANDUM TO: Board of County Commissioners VIA: Road & Bridge Manager FROM: Traffic Operations EngineerV11- DATE: June 15, 1999 SUBJECT: Work Authorization with Inwood Consulting Engineers, Inc. On September 9, 1997, St. Lucie County entered into an agreement with Inwood Consulting Engineers, Inc. to provide intersection design plans at various locations. Staff has negotiated an agreement with Inwood Consulting Engineers, Inc. to provide these services at U. S. 1 and Weatherbee Road for turn lane improvements and signalization to meet FDOT Design and Permitting requirements. Staff is proposing to implement this design to obtain the necessary permits so that construction can begin when FDOT determines that this location warrants signalization. FDOT has requested that the turn lanes be installed prior to the FDOT conducting another signal warrant study. Staff believes that FDOT will conduct another study during the next season if the County has begun the permit process at this location. Staff recommends that the Board approve the Work Authorization with Inwood Consulting Engineers, Inc. in the amount of $38,995.00 for the design and permitting of this signalized intersection improvement and authorize the Chairman to sign the Work Authorization as prepared by the County Attorney. agenda.req.99 *ftlol 140W C97-10-035 WORK AUTHORIZATION NO. 2 Engineering Services US1 and Weatherbee Road Improvements Pursuant to that certain Agreement Between County And Engineer For Continuing Engineering Services (the "Agreement") between St. Lucie County (the "County") and Inwood Consulting Engineers, Inc. (the "Engineer") dated September 9, 1997, Engineer hereby agrees to provide professional engineering services under the terms and condition set forth in Exhibit "A", at the compensation described in Exhibit "B", and according to the schedule described in Exhibit 11 C il IN WITNESS WHEREOF, the County and the Engineer have executed this Work Authorization, effective this day of , 1999. ATTEST: DEPUTY CLERK WITNESSES: C:\JWL\AGREE\INWOOD-WA.WPD BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY INWOOD CONSULTING ENGINEERS, INC. By : Print Name: Alex B. 14U-11 Title: Presjjrn+ en EXHIBIT "A" SCOPE OF SERVICES Article I Project Description The COUNTY hereby retains the ;ENGINEER to furnish Engineering Services for the following development: l . Turning lanes and signalization at the intersection of U.S. 1 and Weatherbee Road. The above described improvements are hereinafter called the PROJECT. Article II Services by Engineer The consulting services that the ENGINEER shall furnish to the COUNTY under this Work Authorization shall include: A. Preliminary Engineering Utilizing the Signal Warrant Study performed by Buckholz Traffic, the ENGINEER will perform a Turning Lane Length and Signalization Timing Analysis for the intersection using SOAP and HCS software. Based on the results of the signal timing analysis, the ENGINEER will develop Conceptual Plans for the geometric layout of the intersection improvements. It is anticipated that improvements to the intersection will not extend further than 400 linear feet east and west of U.S. 1 along Weatherbee Road and 500 linear feet north and south of Weatherbee Road along U.S. 1. The ENGINEER will submit the Conceptual Plans to the COUNTY for review and approval. E. Roadway and Signalization Plans Once the conceptual layout of the intersection is approved by the COUNTY, the ENGINEER will perform the final engineering design and analysis necessary to make improvements to the intersection which include turning lanes and Signalization. The ENGINEER will include the COUNTY's requirements for Econolite controllers and TS2 Type I cabinets in the design and provide design for the aerial interconnection with the COUNTY's closed loop system. The c:klrrr•a11.p�M\ckJYl$\k-INI50?\fcpr4)p"upwx1pe,liw Page 2 *4./ 14"W ENGINEER will prepare a set of construction plans suitable for bidding that will include, but not be limited to, the following: • Key Map; • Summary of Pay Items and General Notes; • Plan and Profiles; • Miscellaneous Details; • Cross Sections; • Drainage Structure Details; • Traffic Control Sheet and Notes; • Utility Coordination and Adjustment Sheets; • Signing and Pavement Marking Sheets; and • Signalization Plans and Details. The ENGINEER will also prepare a detailed computation book and provide an Engineer's Estimate of Construction Costs. The ENGINEER will also make one (1) field review and attend two (2) meetings with the COUNTY to discuss the PROJECT progress. Meeting minutes will be prepared. The ENGINEER will perform all necessary drainage design, modeling and calculations necessary to design and permit the PROJECT. This task includes one (1) field visit and one (1) meeting with COUNTY staff. C. Project Permitting Upon substantial completion of the Plans, the ENGINEER will prepare the permit applications for submission to South Florida 'Water Management District (SFWMD), the North St. Lucie River Water Control District (if required) and the Florida Department of Transportation (FDOT). The ENGINEER will respond to one (1) Request for Additional Information (RAI) to SFWMD and FDOT. This task also includes the ENGINEER attending one meeting with the regulatory agencies and the preparation of meeting minutes. Any and all permit fees shall be paid by the COUNTY. D. Bidding and Construction Services The ENGINEER will prepare the Contract Bid Documents for the PROJECT using St. Lucie County format and will assist the COUNTY in their review of the bids. The ENGINEER will attend the Pre -Bid Meeting and the: Pre -construction Meeting. If necessary, the ENGINEER will prepare addenda for the Contract Documents during bidding. The ENGINEER will review the Contractor's shop drawings for conformance with the design concept and requirements and will visit the site three (3) times during the construction phase. c:4:brwa�p�M1s\ck-INLSkk-INIS-02\Iuc prup�wAv;a�t.J�w Page 3 ZMA E. Surveying Betsy Lindsay, Inc., on behalf of the ENGINEER, will provide the design survey for the PROJECT. Services include providing topographic survey and right-of-way identification including all significant features along Weatherbee Road - 500 linear feet east and west of U.S. 1 and along U.S. 1 - 600 linear feet north and south of Weatherbee Road. F. Geotechnical Fraser Engineering and Testing, Inc., on behalf of the ENGINEER, will perform the necessary testing and evaluations required for the PROJECT. Services include Standard Penetration Borings (SPT) at each of the four corners of the intersection and determination of soil engineering values from the soil necessary to design a mast arm or strain pole signal foundation. The Structural Foundation design for the mast arms will be provided by the Contractor based on the soil and loading values. Article III County's Responsibilities A. The COUNTY'S responsibilities include the following: 1. Coordinate the COUNTY requirements for the PROJECT with the ENGINEER. 2. Pay in full any permitting fees required for the PROJECT. Article IV Compensation and Payments to the Engineer A. Payment for Engineering Services The COUNTY will pay the ENGINEER a lump sum of THIRTY-EIGHT THOUSAND, NINE HUNDRED NINETY FIVE DOLLARS ($38,995.00) for the Engineering Services. (See attached Exhibit "B" — Fee Proposal.) Compensation for these services shall be billed by the ENGINEER and paid by the COUNTY not more than once per month in progress payments in proportion to services performed. c:4'iri'a�piAs\ele-IMI?\ck-IMIS-11?Uit prupwmAuopeAw Page 4 w U J fn O �a 0 Z 9 a: tr n. ww ww ZL 0 Z w O r Q 1 u 0 = d n V N t7 N Q O O O O Q O O O O O O O N Q O a vN v o ~o u N m c`Z m -W T - a r d 0 O O T O O O O = N 1- cl 7 0 a i o cc 0 o 0 0 o c c 'C i u w WLY 2 L, CL pp yy a e. c O �" o 0 0 o Q c= m m m m m - c W S H Q P O t o m m o d: O Ir 0 Q 7 c a Q O O O O pp q O O O V) V) �pQp H S 0 a a C p d c m N N m Z a € m a U) rn c a c c w n O Z. ep ep U C m m a ¢ O m o0 o0 O O 0 00 0 0 �n N N .- N � N U c c � w 4 � v 0 N 0 O 0 E m K m 0 z EE w w /z V z W J a z LL w a w w w LL 0 Z cc W z 0 Z W r Q Q Z J W OC a C O O T W 0 m Z �.v fl 41 U '— W ai u CL W m oyv;� a`oao LL O az Z E E y U) F- In Z n a > > > J J N N T C Q J E COG i C b O R N N t0 c c m O U N 0 L c � C_ C � N J N C c t0 N J T rn 3 cz M H U) Q a � � a 0 W LU Q lL LU N Z w ,J v LL Z Z ca 2 W N Q J Q Z = LL Z C � m a C 0 L w N C C > d 0 y a m 3 c j N L — O N r _0 L a w Z v a N O N ® U N U C d N C — > N C U C N N C C C N N N O a C 11 O (n d N N N N N QI Z. 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Z cQ G c O U N W N c 'O O cc a d L m 3 c O m N C c y W c 4 CO m c E m w J O rn U c v � Foy E w c m Z ° a a m U � 0/ w a ci o a) 2 m a o a 0 z w O ------------------- J Q N _ N m N F N co S LL O z° ------------------------ E E E U) U) U) D E E E 7 _I 7 J J .J O Z C p O N `m E E LL a (n C c J O I^ O ro U ia+ O m O C F U .= C -NCO u U () ro a ¢ m 8 E c c m a) m - a o E 3 or a U) ¢ a w o m l a o. � p w H V Z W W W w Z W ('j LL z a� W c J 5 QO Z T LL z CQ C C O z w a U J 1a— cD v v Itco co v a F- Z co V O C cD co x o� Z E E E N (n U) L U L U L U Z E E w w w E J J J � c � J Fw- N ~ O 0 c 0 0, 0 c) c 3 ai C' m E m _ U Q O Y n O m m c m Y m > 3 m a L c N cc C N O U (n 0 D 2 U_ Q O T C m N a L C� 0 o m U m a. a a a) a a)LJL o 3 a a� a` Q a Q I-12-95;12:02AM;Inwood Consulting ;407 273 3802 iF 2/ 2 V (15 O cr a� a� m a� m C13 "C �U O X rn a. w If co fl. O C C) O j U J � CO CL 4-4 - 41 �, LL ► >im a� a - m :S• �.. C .�..'4 Cl �" r.• _ LD d . CL - v 4� I CA {J E3 w w a <t f OKi � o di C'S7 ' , • ..� cr) I 10 O CCD 0 ,E c (L CL w M rn m y L 11 Z' v 0. cu • c iv 0. w c C _a, c .. d ro C) CL 0 iuc- CL. w .. Ci7 lam- CJ � O 'O Q Q N CD c c c o O y ca E E E c F L in (n U- w** L L _ CO - nz�Q m � N Q) .� E tT . Q =3 `O d6U)CL 111 -4-4 � •C c n p Q r � a o C 0 w W W J ►- <1L> I .1 n AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. C4b DATE: JUNE 15, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[X] PRESENTED BY: 0 -Ir2629 - J. Scott Herring, KE. Traffic Operations Engineer Approval of the Work Authorization with Kimley-Horn & Associates for the Design and Permitting of Intersection Improvements and Signalization at the Intersection of Edwards Road and Selvitz Road. On March 10, 1998, St. Lucie County entered into an agreement with Kimley-Horn and Associates to provide Intersection design plans at various locations. Staff has negotiated an agreement with Kimley- Horn & Associates to provide these services at Edwards Road and Selvitz Road for turn lane improvements and signalization. PREVIOUS ACTION: Board Approval of Master Contract with Kimley-Horn & Associates on March 10, 1998. Staff recommends that the Board approve the Work Authorization Number 3 with Kimley-Horn and Associates in the amount of $49,600.00 for the design and permitting of this intersection, and authorize the Chairman to sign the Work Authorization as prepared by the County Attorney. 0101 �Ti 161 133I0 ► -ION 6 ---• OTHER: [X]County Attorney [X]Originating Dept. Public Works [ ]Finance Coordination/Signatures [X]Mgt. & Budged:- I') [X]Co. Eng 12 (check for copy only, if applicable) Doti Cou I/✓ ...__ M. Anderson Administrator [ ]Purchasing 7 [X]Other P. M. Bowers Road & Bridge Manager %� [X]Other Barbara Meinhardt.Budget&Rev n i oord COMMISSION REVIEW: JUNE 15, 1999 ROAD & BRIDGE DIVISION MEMORANDUM TO: Board of County Commissioners VIA: Road & Bridge Manager j FROM: Traffic Operations Engineer" � DATE: June 15, 1999 SUBJECT: Work Authorization with Kimley-Horn & Associates On March 9, 1999 St. Lucie County entered into an agreement with Kimley-Horn and Associates to provide Intersection design plans at various locations. Staff has negotiated an agreement with Kimley-Horn & Associates to provide these services at Edwards Road and Selvitz Road for turn lane improvements and signalization. This design will allow for turn lane improvements and to determine the necessary drainage requirements and pond location for this project. Staff recommends that the Board approve the Work Authorization with Kimley-Horn and Associates in the amount of $49,600.00 for the design and permitting of this signalized intersection improvement and authorize the Chairman to sign the Work Authorization as prepared by the County Attorney. agenda.req.99 -03-428 WORK AUTHORIZATION NO. S .Engineering Services Edwards Road and Selvitz Road - Intersection Improvements Pursuant to that certain Agreement Between County And Engineer For Continuing Engineering Services (the "Agreement") between St. Lucie County (the "County") and Kimley-Horn and Associates, Inc. (the "Engineer") dated March 10, 1998, Engineer herebyagrees to provide professional engineering services under the terms and condition set forth in Exhibit "A", at the compensation described in Exhibit "B", and according to the schedule described in Exhibit 11 C IN WITNESS WHEREOF, the County and the Engineer have executed this Work Authorization, effective this day of 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY WIT-ESSES: C:\JWL\AGREE\KIMLEY-HORN-WA.WPD KIMLEY-HORN AND ASSOCIATES, INC. By: 0 f t 1__r - Print Name: JE EF Z. M u LL I S Title: dGt pr7E M M Kimley-Horn and Associates, Inc. Exhibit A Scope of Services Task I - Survey We will collect survey data of existing conditions in the vicinity of the Edwards/Selvitz intersection. It will include: • Establish horizontal and vertical control in the project area. • Cross -sections at one hundred feet intervals on Edwards Road and Selvitz Road to ensure the following coverage (2000 feet along Edwards Road and 800 feet along Selvitz Road). • Additional survey data delineating drainage patterns along Selvitz Road to Ten -Mile Creek. • Survey of area to be used for retention pond. Its is assumed that this area will be approximately 1 acre in size and located on the southeast corner of the intersection. This information will be compiled into a base map for use in the design. Task 2 - Geotechnica[ Limited geotechnical exploration will be performed by Dunkelburger Engineering and Testing to evaluate the existing subsurface conditions. We will obtain the following: • Two Percolation Tests (BHP) for roadside swale treatment design. • Two pavement corings to determine existing base and asphalt thickness. • One 30' boring in proposed retention pond location Task 3 - Intersection Design Roadway construction plans will be prepared to upgrade the intersection of Edwards Road and Selvitz Road. "These improvements will include the design of j\\DOGBITTWOL I\PRO1r:CI1MIS(-\PROPOSAL\K1IMSTIMCMDOCI On E5 /lM Kimley-Horn bb.-I , and Associates, Inc. left turn lanes on the east and south legs of the intersection. Selvitz Road currently terminates at Edwards Road which eliminates the need for a left turn lane on the west leg of the intersection. However, a transition will be required on the west leg to provide proper alignment across the intersection along Edwards ,Road. The turn lane storage lengths will be computed from peak hour volumes computed by St. Lucie County. It is anticipated that approximately 200' will be needed. Deceleration and transition lengths will be designed to meet current FDOT standards. The design speed for Edwards Road and Selvitz Road will be 50 mph and 40 mph respectively. The design will incorporate the following: • Roadway plan sheets depicting the intersection improvements. • Cross -sections at 100 ft. intervals. • Signing and marking plans using current FDOT and MUTCD criteria. • Stormwater runoff is currently being collected in roadside swales. It is anticipated that it will be handled in the same manner in this design. • A stormwater retention pond will be designed for treatment. The pond will be sized to accommodate the ultimate 5-lane section along Edwards Road. • Stormwater permitting will be coordinated through the local governing agencies. The necessary permit applications will be prepared by Kimley- Horn with St. Lucie County as the applicant. • Plans will be produced in English units at a 1"=20' scale on 24" x 36" sheets. • Plans will be submitted to St. Lucie County for review and comment at the conceptual, permit and final design stages. • St. Lucie County will prepare the signal design. • A reproducible set of tnylars, two sets of plans, a copy of the electronic files (in AutoCadd format) and a copy of the bid documents will be delivered to the County upon 100% completion of the design. • Upon completion of construction of the project and receipt of the AsBuilt drawings from the contractor, we will make the necessary certifications to the permitting agencies. J\\DOGDGR IIVOI.1\1'ItOJ1:C-nMISC\PROPOSAI.\KI IAISTLUCMDOCJ *410, M ppp- Kimley-Horn � M„ and Associates, Inc. Exhibit B Compensation We will provide the services described in Task 1 through 3 for a lump sum amount o $49,6 00 inclu-sive of eXpt-nSes. a or infa: mation: 1 purposes 'a breakdown of the individual tasks are provided below. • Task 1 - Survey $5,100 • Task 2 - Geotechnical $2,000 • Task 3 - Intersection Design/Permitting $42,500 j\\DO(; 1t:R11VOL I\PROJEMMISC\PROI`OSAUKIIA\STLUCI4.DOCj M E5 Kimley-Horn and Associates, Inc. Exhibit C Schedule Design and permitting is expected to take approximately eight months from the time that notice to proceed is given. Please refer to the bar graph on the following page. (\\DOG 6 ERTVOL 1 \PROJ ECT\MI SC\PROI'OSAL\KI IA\STLUCI4. DOCJ Own m L 0 L c 0 y to fA N L O o a o. a� -------------------- v L c 0 ----------------------- •------•---••----•------------------- � 0 yy � L N •� C C O d O in co e- � 10 cc D d C N N �°' � L 3 ° v � w ............. ------------------------------- a)tn c v _v jv v !v Iv v 'v (v !v �n o o 0 0 �n ; o to v v (v o! � Oi Cl N t M M M : M : N N N C i N ° I i c i 7 � U C O I Q.Co! N ca cf) 7 > o m c �`CQ c a� m a d '> v w a co z o0- n n. j c�� c m om A o d o a o o r z 0- i ( U U) a rn U t0 f� 00 01 O `- '- r. N r- M Uf cc cc d 0 06/07/99 MON 15:57 FAI 561 SO' 9689 SHA URG VERO 2002 .Js ro y W b d fall C � � C4 ti o0 CD AT tn © O Y Q w a t� f� CO et N O N N pp W') C in N m ci Yy v. CL Cb .B of 4• d a � C .rye 06/07/99 MON 15:58 FAX set 501 9689 KRA t G VER0 2 ooa "%W s"Nool 49 7 ■ � � 2 § $$ ® . � ■ 2 ® ■ _ n _ MP _ k e cm It■m A k� � o IL. ■ ImU _ � 2 CL � � 2�■ � 06/07/99 MON 15:58 FAX 561 $91 9689 KRA ITRG VERO Q 004 r-A 06/07/99 MON 13:59 FAX 561 509 9689 KHA URG VERO Zoos 'err'' %✓ ITEM NO. lam — TO: BOARD OF COUNTY COMMISSIONERS DATE: June 15, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Donald G. Cole Property Acquisition Manager BTTBJEC'1': Request Permission to Advertise for a Public Hearing Abandonment of Gilson Road - Old BACKGRQUND: St. Lucie County has received a request from Gunster, Yoakley, Valdes-Fauli & Stewart, P.A. who represents Stuart Property Holdings, Ltd. to abandon the old alignment of Gilson Road. The new alignment of Gilson Road was conveyed to St. Lucie County on July 1, 1996. FUNDS AVAIL.: �1I/A RFCOMMENDATION: Staff is requesting permission to advertise for a Public Hearing to be held on July 6, 1999, which is a night meeting. COMMISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: Review and Approvals XX County Attorney: XX Engineering: ' XX Originating Dept. / XX Public works: Finance: (Check for Copy only, if applicable) Douglas Anderson County Administrator Purchasing: Other: E f f 5 / 9 6 M TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Administration Application Form, County Committees ITEM NO. DATE: G- IS-qq REGULAR [. ] PUBLIC HEARING [ ] CONSENT fA PRESENTED BY: Doug Anderson BACKGROUND: Several months ago, an application form was developed for use by residents wanting to be appointed to a County board or committee. It is intended to standardize information received from persons wishing to apply. With the upcoming appointments to the Contractor Certification Board, interest has been expressed in using this form to gain information on those who may want to sit on this committee. RE OMM NDA TON• Staff recommends approval of the application form. COMMISSION ACTION* [ y' APPROVED [ ) DENIED ( ) OTHER: u as M. Anderson County Administrator County Attorney: Originating Dept. Management & Budget Purchasing: Other: Other: Finance: (Check for Copy only, if applicable) Eff. S/96 %Wr AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Central Services 1440 ITEM NO. C-7 DATE: June 15, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] PRESENTED BY: Nick Dragash Rock Road Jail Security Glass Replacement - Bid # 99-054 Bid # 99-054 for replacement of the security glass at Rock Road Jail was opened and PWM Enterprises, Inc., D/B/A Surfside Glass was the only qualified bidder. The bid was for $109,250. Funds will be made available in 316-1940-546200-1527 None Staff recommends the Board approve an increase of $9,250 for the project and authorize staff to transfer this amount from reserves into the project fund. Staff also recommends the award of the subject contract to PWM Enterprises, Inc., D/B/A Surfside Glass. COMMISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: g Anderson Administrator Coordination/Signatures County Attorney: Management & Budget: Purchasing: Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable) G:\budget\agenda's\agenda99\RRd' Glass. wpd N MEMORANDUM CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Nick Dragash, Manager, Central Services DATE: June 8, 1999 SUBJECT: AGENDA REQUEST Rock Road Jail Security Glass Replacement BACKGROUND: Bid #99-054 for replacement of the Rock Road Jail Security Glass Replacement was opened and PWM Enterprises, Inc., DB/A Surfside Glass was the only qualified bidder. RECOMMENDATION: Staff recommends the award of the subject contract to PWM Enterprises, Inc., D/B/A Surfside Glass. Staff also requests the transfer of $9,250 in funds to cover the total cost of the project of $109,250. ND:bk att. 15r�l� - NICK DRAGASH l 'ftw X m m CAv . m n Z m N v N o Q � v r z O 1 O v m c 00 r n 0 O cn c q O z ca O z v .cO O� cr -Zi o0 v w cn ., � rn z N � v +' X O o o � � n � cn D� Z cnc v — O o 'm o O m N ou m mm Z� 0n 1 rno Dm '< 0 � C V cc .� ctOc G) o � o ' �O n O v v z O z n z m m YE vcn D� a) r c rn D rn �0 OO z c U)z m q `,�10 0 MEMORANDUM CENTRAL SERVICES TO: Harvey Lincoln, OMB FROM: Nick Dragash, Manager, Central Services DATE: May 26, 1999 SUBJECT: ROCK ROAD JAIL - SECURITY GLASS REPLACEMENT Bid #99-054 Central Services requests the subject bid be awarded to: PWM ENTERPRISES, INC. DB/A SURFSIDE GLASS in the amount of $109,250. The funds available are: This request is to transfer $9,250. Into this fund to cover the cost of the project. NOTE: Two(2) bidders responded and one(1) was disqualified for refusal to provide a construction bond. O-XOL-- ND:bk NICK DRAGASH cc: C. Bicht OMB APPROVAL (Signed) (Date) 24/99 09-19 124e M 1704 ST.LUCIE PURCH. `two BID FORM All bids must be submitted in a sealed envelope addressed to the St. Lucie County Purchasing Manager, 2300 Virginia Avenue, Room 228, Fort Pierce, Florida 34982, plainly marked on the outside with bid number, date and time of bid opening. BID #99-054 Replace Security Glass - Rock Road Detention Center PbM ENTERPRISES, DX - I. PAUL MINIpi REPRESENTING D/B/A SURFSIDE GLASS Company andlor Corporation, agree to perform all of the requirements to complete the work required in the specifications for the price oP 1. Pod AA 4 2. Pod A-3 3. Pod A-2 4. Pod B-1 5. Pod B-3 6. Pod B-4 7. Pod B-5 8. Dorms P. Doors 10. Control Room 11. view Ports 12. B4 Doan Windows 3 4005.00 8106.00 Q 6370.00 $ 15097.00 S 10425.00 1655.00 $ 9500.00 $ 36729.00 $ 9336.00 $ 5936.00 4W. 00 1655.00 All replacement glass to be Secur-Tern 4 or Secur-Tem 5, as required, or approved equal. Bid Obligation It is understood that this Bidder is bound by the bidding documents and that the bid may not be withdrawn during a period of 60 days after bid opening. -30-