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HomeMy WebLinkAboutAgenda Packet 02-02-99 .;:... r' '-' """" FEBRUARY 2, 1999 WELCOME BOARD OF COUNTY COMMISSIONERS MEETING AGENDA GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducteø at today's Board meeting: CONSENT AGENDA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addussed prin.r to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board¡item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on tile first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, Fla. 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. -. '-' ....,.¡ ßOARD OF COUNTY COMMISSIONERS www.stlucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 AGENDA February 2, 1999 7:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held January 26,1999. 2. PRESENT A TION QVC officials will make a presentation to the Board. 3. ADMINISTRATION Letter of Intent- Consider staff recommendation to approve the J~nuary 26, 1999 letter of intent to QVC and authorize the County Attorney to prepare a grant agreement between QVC and the County. 4. GENERAL PUBLIC COMMENT 5. CONSENT AGENDA G> t£: u .j, ,~ ,;f,-/}/Y PTJßLIC HEARING ,.}ie' (ì'-; II / /~. b ~ M ~,., '(Jc'-- Þ vT \C)·]v OJ 1.-/' COMMUNITY DEVELOPMENT ,) i 7 'tr 7/ II rlfS(Þ"' /1# 1,JÇ¿bd{ /" ¿r 0 (I~ r V /1'-"/1 vi ORDINANCE No. 99-001- This is the second of two required public hearings. Consider staff(0¿ recommendation to approve the ordinance which proposes general amendments to the S~ I Lucie County Land Development Code. / /I ¡8.,¿ßvl, 6. NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. -. ~ """ CONSENT AGENDA February 2, 1999 1. W ARRANTS LIST Approve warrants list No. 18. 2. ,¿~ERIFF'S OFFICE íf/ /·M1f I j / 10" Law Enforcement Trust Fund- Consider staff request to distribute $210,481.87 from the Law Î Enforcement Trnst Fnnd. 3. ADMINISTRA TION A. Board of Adjustment- Consider the request of Commissioner Frannie Hutchinson to ratify re-appointment of Richard Pancoast to the Board of Adjustment. B. Seaport Advisory Committee- Consider the request of Commissioner Frannie Hutchinson to ratify appointment of Gail Kavanagh to the Seaport Advisory Committee. 4. MANAGEMENT AND BUDGET Clerk of the Courts- Consider staff recommendation to approve the disbursement of $183,000 to the Clerk of the Courts for their Y2K project and the related budget transfers. 5. COUNTY ATTORNEY A. Contract Amendment- Consider staff recommendation to approve the extension and first amendment to the contract with Florida Rock Industries for coquina rock and authorize the Chairman to sign the extension and first amendment. B. Landlord's Waiver- Consider staff recommendation to approve the Landlord's Waiver for Phoenix Metal Products and authorize the Chairman to sign the form. 6. PERMISSION TO ADVERTISEIRECOMMENDED FOR A NIGHT MEETING Community Development-Consider staff request for permission to advertise the following public hearings on February 16, 1999 at 7 PM or as soon thereafter as possible: -Petition of Phil Drawdy for a change in zoning from AR-1 to CO for property located on Midway Road, 1,320 feet west of S. 25tb Street. -Ordinance No. 99-02 which proposes general amendments to the St. Lucie County Land Development Code (first public hearing). '-" .."",I BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA FEBUARY 2, 1999 REGULAR AGENDA COUNTY ATTORNEY A.l Resolution No. 99-44- Consider staff recommendation to approve the resolution urging the Corps of Engineers to expedite implementation of the Ten Mile Creek Regional Attenuation Facility and the Regional Attenuation Facilities with the C-25 drainage basin in St. Lucie County. St. Lucie County Sports Complex- Consider staff recommendation to declare an emergency and waive the bid/proposal process and approve the scoreboard agreement with ADS subject to finalizing an agreement with the New York Mets National League Baseball Team. ßr/17('-~~ iì/J ~ ~&~ 1)/11/ __ .r;f" ~~I . ;SwJ>-ð- ~/{'v:S rI C 2",Y þ/L ~. ¿JlA- A ~¡v¡f ( /L "i J¡r-" {)~-1 /~,.-Y !//:- r' '--' .""", BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 26, 1999 Tape: 1 Convened: 9:00 a.m. Adjourned: 9:45 a.m. Commissioners Present: Chairman, Paula A. Lewis, John D. Bruhn, Frannie Hutchinson, Cliff Barnes, Doug Coward Others Present: Doug Anderson, County Administrator; Phil Freeland, Asst. County Administrator, Dan McIntyre, County Attorney, Ray Wazny, Community Development Director; Jack Doughney, Leisure Services Director; Bill Blazak, Utilities Director; Harvey Lincoln, M & B Manager; Mike Bowers, Road and Bridge Manager; Charlie Bicht, Purchasing Manager; Nick Dragash, Central Services Manager, Beth Ryder, Human Services Manager; Joe Finnegan, Personnel/Risk Manager; Deputy Williams; A. Millie Delgado, Deputy Clerk 1. MINUTES(I-028) It was moved by Com. Bruhn, seconded by Com. Coward, to approve the minutes of the meeting held January 19, 1999; and, upon roll call, motion carried unanimously. 2. PRESENTATION Public Defender Building- Architectural firm Edlund and Dritenbas presented a plaque to the Board received by the firm for excellence in architectural design for this building from the American Institute of Architects. 3. GENERAL PUBLIC COMMENTS(I-240) Mr. McKay, St. Lucie County resident, addressed the Board in support ofthe "Scrub Jay" being named the State Bird. Ms. Patricia Ferrick, St. Lucie County resident, addressed the Board regarding recent legislation which has occured in Tallahassee, there are some groups who are trying to abolish the position of Auditor General. Ms. Savarino, area resident, commended Com. Bruhn on the sign at the county line. 4. CONSENT AGENDA (1-262) It was moved by Com. Barnes, seconded by Com. Coward, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. Warrant List '-' "-" 01/25/99 ST. LUCIE COUNl'Y - BOARD PAGE FZABVARR VARRANT LIST #17- 16-JAN-99 TO 22-JAN-99 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 211,964.23 240,582.74 001116 Sec 112/~J/FHVAlPlanning 98/99 94.18 3,316.43 001120 Community Services Block Grnt 98/99 0.00 218.75 001221 00l-DEP-Childrens's Enviro Museum 777.00 0.00 001229 FBIP Boating Related Activities 1,725.00 0.00 001235 TDC Planning Grant 98/99 0.00 176.07 001236 TDC Non-Sponsored Trip Grant 98/99 16,500.00 0.00 001242 98/99 E. M.. P.A. 356.00 0.00 101 Transportation Trust Fund 47,734.01 89,470.49 102 Unincorporated Services Fund 7,149.24 31,425.19 102001 Drainage Maintenance MSTU 144,082.17 2,911.01 102103 Urban & Community Forestry 97/98 0.00 936.80 105 Library Special Grants Fund 18.00 1,925.61 107 Fine & Forfeiture Fund 112,513.99 58,677.40 140 Port & Airport Fund 17,818.23 6,164.86 160 Plan Main tenance RAD Fund 12,470.05 1,964.80 182 Environmental Land Acquisition Fund 86.68 2,692.18 183 Ct Administrator-19th Judicial Cir 277.75 3,673.11 183001 Ct Administrator-Arbitration/Mediat 0.00 2,403.80 183206 FDJJ-Teen Court 98/99 0.00 1,138.46 185202 FHFA- SHIP 97/98 6,350.00 0.00 185203 FHFA-SHIP 98/99 0.00 1,232.80 186 Recycling Operating Fund 1,011.95 1,334.69 186202 DEP-Recyc1ing & Education 98/99 199.00 444.89 315 County Building Fund 12,150.00 0.00 315201 DOS-315-Fort Pierce Branch Library 371,441.70 0.00 316 County Capital 1,400.00 0.00 362 Sports Complex Improv Fund 130,858.01 0.00 382 Environmental Land Capital Fund 300.00 0.00 401 Sanitary Landfill Fund 136,608.03 25,065.09 418 Golf Course Fund 15,222.76 15,620.25 421 H.E.V. Utilities Fund 1,032.97 172.42 441 North Hutchinson Island Utilities 5,206.50 2,875.69 448 Renewal & Replacement Fund 33,802.87 0.00 449 Capital Facilities Fund 3,296.85 0.00 451 S. Hutchinson Utilities Fund 6,783.41 2,703.03 461 Sports Complex Fund 7,411.20 8,435.70 491 Building Code Fund 354.00 14,636.50 501 Automated Services Fund 34,959.88 48,165.03 505 Insurance & Loss Fund 37,280.41 1,488.70 510 Service Garage Fund 23,132.82 7,849.98 611 Tourist Development Trust-Adv Fund 15,092.43 2,697.31 615 Impact Fees Fund 51,916.25 0.00 625 Law 11 brary 2,506.56 0.00 GRAND TarAL: 1,471,884.13 580,399.78 I....~'.'"~-,,-- ---"-,"'" '-' ."" 2. COUNTY ATTORNEY A. Resolution No. 99-35- The Board approved the resolution approving the street name "Private Drive" for a private ingress/egress easement in the St. Lucie Gardens Subdivision, notify all property owners ofthe approved street name and all necessary entities that affect service to this area. J B. lndrio North Savannas Project- The Board approved the following option agreements and authorized the Chairman to execute the agreements; Parcel 118- Clark, Donald and Betty Parcel 119- Dobbs, John and Wanda Parcel 121- Gordon, Armond Parcel 122- Villa, Louis and Loretta Parcel 123, 141 and 146- Zlinkoff, Norman and Esther Parcel 125- Dobat, Ralph Parcel 143- Barile, Florence Parcel 144- Jolife, Marsha 1. Parcel 145- Cole, Marie Parcel 147- Olevsen, Rosemary C. Article V Trust Fund Grant in Aid Agreement- The Board approved the Article V Trust Fund Grant in Aid Agreement and Resolution No. 99-37 releasing the grant funds and authorized the Chairman to sign the Agreement. D. lnterlocal Agreement- The Board approved the amended and restated agreement with the City of Port St. Lucie concerning road impact fees. 3. PURCHASING A. Resolution No. 99-27- The Board approved the resolution approving purchasing card policies and procedures. B. Bid No. 99-17- The Board approved to award the bid for temporary employees to Kelly Temporary and Manpower and authorized the Chairman to sign the contract as prepared by the County Attorney. C. Bid No.99-1 0- The Board approved awarding the bid for resurfacing basketball, tennis and shuffleboard courts to Accurate Tennis Courts in the amount of$6,169 for Lawnwood Tennis Courts and D& B Tennis in the amount of 54,998 for the Llous Ellis basketball courts and authorized the Chairman to sign the contracts as prepared by the County Attorney. The Board rejected bids or the shuffleboard courts, rewrite the specifications and grant permission to re-advertise the bid. 4. ADMINISTRATlON- Contractor Certification Board- The Board ratified Com. Coward's appointment ofR. Dale Trefelner to the Contractors Certification Board. REGULAR AGENDA 5. COUNTY ATTORNEY (1-276) A. Resolution No. 99-31- Consider staff recommendation to approve the resolution consenting to the transfer of control ofthe cable television franchise from TCl to AT & T and authorize the Chainnan to sign the resolution. ·r/¡.....,T;·~',C .i ~ """"" The County Attorney advised the Board that TCI has requested the item be continued to February 9, 1999 at 9:00 a.m. or as soon there after as possible. They are still negotiating changes to the resolution. It was the consensus of the Board to continue this hearing on February 9, 1999 at 9:00 a.m. or as soon there after as possible. B. Yanaros-Byrd vs. St. Lucie County- Consider staff recommendation to approve the settlement agreement. The Chainnan advised those present that this item has been pulled and re-scheduled for February 9, 1999 at 9:00 a.m. or as soon there after as possible. 6. HUMAN SERVICES (1-351) Treasure Coast Food Bank- The Board was asked to consider a request for a one time emergency funding of$5,000. Ifgranted, staff is recommending approval of Budget Amendment No. 99-108 appropriating the funds from contingency to Aid to Private Organizations- Treasure Coast Food Bank. Ms. Brenda Noel, representing the Treasure Coast Food Bank, addressed the Board regarding this request. It was moved by Com. Barnes, seconded by Com. Coward, to appro ve the one time funding from the contingency fund and approving Budget Amendment No. 99-108; and, upon roll call, motion carried unanimously. 7. COUNTY ATTORNEY (1804) Agreement Amendment- Consider staff recommendation to approve the eighth amendment to the agreement with George Dugan III, Esquire, for legal representation of indigents in juvenile delinquency cases. It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve staff recommendation; and, upon roll call, motion carried unanimously. 8. ADMINISTRATION (1-849) Resolution No. 99-39- Consider staff recommendation to approve the resolution supporting the designation of the Scrub-Jay as the official State bird. It was moved by Com. Barnes, seconded by Com. Coward, to approve Resolution No. 99-39; and, upon roll call, motion carried unanimously. Com. Coward requested the Board consider making a recommendation to the Land Acquisition Committee to further consider the Lakela Site, east of US 1 near Harbor Branch which was denied in the past. The Board members concurred. ~-_.- .. -~ '-" .J A-1- GRANT- Y2K COMPLIANCE For consideration before the Board was staff recommendation to approve the application for the Y2K Grant from the Office of the State Court Administrator, in the amount of$412,810. 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 9:45 a.m. Chainnan Clerk of Circuit Court '-' ~ AGENDA REOUEST ITEM NO. A-I DATE: February 2, 1999 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 99-44 - Urging the U. S. Army Corps of Engineers to expedite the implementation of the Ten Mile Creek Regional Attenuation Facility, and the Regional Attenuation Facilities within the C-25 drainage basin in St. Lucie County, Florida. BACKGROUND: The U. S. Army Corps of Engineers is currently developing a plan of restoration for the Central and South Florida canal system (the C&SF "Restudy") to reduce water quality impacts to the South Florida ecosystems, including the St. Lucie River Estuary and the Indian River Lagoon. Commissioner Barnes has requested this office prepare a resolution urging the U. S. Army Corps of Engineers to expedite the implementation of the Ten Mile Creek Regional Attenuation Facility and the Regional Attenuation Facilities within the C-25 drainage basin in St. Lucie County, Florida. The attached Resolution No. 99-44 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 99-44 as drafted. COMMISSION ACTION: [J APPROVED [] DENIED [ ] OTHER: Include multi-benefit in the project and add other attenuation facilities in the county. Coordinate with Martin County on a trip to Washington. ~ ot County Attorney: Originating Dept. ~Y '-" Review and Annrovals Finance: (Check for Copy only, if applicableJ___ Other: Management & Budget ßr~' ¡" ~ Purchasing Other: Eff. 5/96 ,. v y .j); 'It RESOLUTION NO. 99-44 A RESOLUTION URGING THE U. S. ARMY CORPS OF ENGINEERS TO EXPEDITE THE IMPLEMENTATION OF THE TEN Mll.E CREEK REGIONAL ATTENUATION FACILITY, AND THE REGIONAL ATTENUATION FACILITIES WITHIN THE C-25 DRAINAGE BASIN IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The U. S. Army Corps of Engineers is currently developing a plan of restoration for the Central and South Florida canal system (the C&SF "Restudy") to reduce water quality impacts to the South Florida ecosystems, including the St. Lucie River Estuary and the Indian River Lagoon . 2. This Board believes it is in the best interest of the citizens of St. Lucie County to encourage the U. S. Army Corps of Engineers to expedite the implementation of the Ten Mile Creek Regional Attenuation Facility and the Regional Attenuation Facilities within the C-25 drainage basin in St. Lucie County, Florida. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby urge the U. S. Army Corps of Engineers to expedite the implementation of the Ten Mile Creek Regional Attenuation Facility and the Regional Attenuation Facilities within the C-25 drainage basin in St. Lucie County, Ftörida. 2. The County Administrator is hereby directed to forward a copy of this resolution to the u. S. Army Corps of Engineers. '-" \wi 't After motion and second the vote on this resolution was as follows: Chairman Paula A Lewis XX Vice-Chairman John D. Bruhn XX Commissioner Frannie Hutchinson XX Commissioner Cliff Barnes XX Commissioner Doug Coward XX PASSED AND DULY ADOPTED this 2nd day of February, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY \.. '-' AGENDA REQUEST ~M NO. ~ DATE: February 2, 1999 ADDITIONS X REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITIED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: St. Lucie County sports Complex - Scoreboard Agreement BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board declare an emergency for the reasons stated above, waive the bid/proposal process and approve the contract with ADS subject to finalizing an agreement with the New York Mets National League Baseball Team wherein the Team will advance the funds needed to complete installation of the new scoreboard and be repaid from the County's share of advertising revenues. COMMISSION ACTION: [j¡ APPROVED [] DENIED- [ ] OTHER: County Attorney: Management & Budget k..el~çv' 1'"~~ Originating Dept. Other: ~ F1nane.' ~c COpy on1y, 1f appl1eabl.) . . . - er Review and Approvals Eff. 5/96 Purchasin : §ß~' ~ "wi J\v .. INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. Mcintyre, County Attorney C.A. NO. 99-118 DATE: February 2, 1999 SUBJECT: St. Lucie County Sports Complex - Scoreboard Agreement BACKGROUND: In June, 1998, the Board of County Commissioners directed staff to prepare an RFP for replacement of the Thomas J. White Stadium scoreboard. The RFP described the overall dimensions and essential capabilities of the new scoreboard and solicited a publicI private partnership that would share the cost of constructing the new scoreboard in exchange for advertising rights. On October 28, 1998, the RFPs were opened. Staff recommended that all proposals submitted under Bid (RFP) No. 98-87 be rejected due to insufficient funds. Staff also proposed that the County enter into an agreement with the New York Mets National League Baseball Team. The terms of the agreement would outline an offer made by the New York Mets to purchase and install the new scoreboard as well as pay for landscaping enhancements that would include specimen tree and plant material. The agreement would specify that the County reimburse the Mets organization for the scoreboard and landscape improvements in an amount not to exceed $300,000. The Mets would be repaid $75,000 per year for 4 years, utilizing the County's 50% share of advertising revenues as outlined in the second addendum to the existing Facilities Use Agreement. Total scoreboard advertising revenues are estimated to be $130,000 annually. The repayment schedule would occur over the remaining life of the existing contract (expiring 2002) between the County and the New York Mets regarding the lease of the St. Lucie County Sports Complex. Under the terms of the initial staff proposal, the Mets indicated that they would contract directly with the scoreboard installation company. On December 8, 1998, the Board accepted staff recommendation, rejected all of the proposals, and directed staff to negotiate a contract with the Mets as outlined above. '-' "-' ~ Since that time, the Mets have been attempting to negotiate a contract with the low proposer, Animated Display Systems, Inc., but have been unable to complete negotiation because of concerns pertaining to sales tax issues and issues relating to required covenants concerning encroachments that the Mets are unable to agree to because the Mets do not own the Sports Complex. As a result, late last week, the Mets requested that the County enter into a contract with Animated Display Systems, Inc. The financial proposal that the Board conceptually approved on December 8 would remain the same, i. e. the Mets will pay for the scoreboard and will be repaid utilizing the County's 50% share of advertising revenues. Because opening day is March 6, 1999, it is not possible to rebid the scoreboard installation. To ensure that the scoreboard is installed by the end of March, 1999, it will be necessary for the Board to declare an emergency, waive the bid/proposal process and award a contract to Animated Display Systems, Inc. As indicated previously, ADS was the low proposer responding to the County's earlier RFP. Attached to this memorandum is a copy of a proposed contract between the County and ADS. The proposed price to install the new scoreboard and remove the old scoreboard is two hundred ninety-seven thousand two hundred sixty-three and 0/100 ($297,263.00) dollars. The contract follows the County's standard form. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board declare an emergency for the reasons stated above, waive the bid/proposal process and approve the contract with ADS subject to finalizing an agreement with the New York Mets National League Baseball Team wherein the Team will advance the funds needed to complete installation of the new scoreboard and be repaid from the County's share of advertising revenues. DSM/ caf Attachment '-r '....,¡ .tt CONTRACT THIS CONTRACT, made this day of 19_, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "COUNTY", with offices located at 2300 Virginia Avenue, Fort Pierce, Florida 34982, and ANIMATED DISPLAY SYSTEMS, INC., a Florida Corporation, d/b/a A.D. SYSTEMS, with principal offices located at 11866 Metro Parkway, Fort Myers, Florida 33912, or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR": WITNESSETH: 1. PURPOSE That Contractor agrees with County, for the consideration herein mentioned, to provide a new scoreboard, Exhibit "A" attached and peripheral equipment as quoted in Exhibit "B-1" and Exhibit "B-2" attached. and furnish all the materials, equipment, supplies, and labor necessary to cany out this Contract in the manner and to the full extent as set forth in the Contract Documents, and to the satisfaction of the duly authorized representatives of St. Lucie County, who shall have at all times full opportunity to inspect the materials to be furnished and the Work to be done under this Contract. 2. GENERAL DESCRIPTION OF WORK It is agreed that the Work to be done under this Contract is: Install Baseball Scoring and Display System at Thos. J. White Stadium, St. Lucie County Sports Complex per Bid No. 98-87. 3. SPECIFIC DESCRIPTION OF WORK a. Baseball Scoreboard At Bat, Ball, Strike, Out, H/E digits: shall be 24" high, 4x7 lamp matrices. Lamps shall be 25 watt. g:\atty\agreemnt\contract\A.D. Systems -1- '-' '-' - (1 ) (2) (3) AT BAT digits shall run from 00-99 BALL, STRIKE, OUT digits shall run from 0-9 HIE indicator shall show player and position number when an error occurs Guest & Home scores, Runs, Hits, ERR digits shall be 18" high, 3x5 lamp matrices. Lamps shall be 25 watt. (1) GUEST & HOME scores shall run 0-9 for each inning, up to 10 innings (2) RUNS, HITS digits shall run from 00-99 (3) ERR digits shall run from 0-9 Captions shall be made of white vinyl. (1) GUEST & HOME captions shall be 15" high (2) AT BAT, BALL, STRIKE, OUT, HIE captions shall be 12" high (3) RUNS, HITS, ERR & NUMERAL captions shall be 10" high 2" wide accent stripe shall be made of white vinyl Net: Bidder shall provide protective net hung in front of display b. Team Name Message Centers Two (2) team name message centers shall be incorporated into the scoreboard. Each team name message center shall be 8 pixels high by 48 pixels wide with lamps and lenses on 1.5" centers, operable from the scoreboard controller. c. Internally Illuminated Sponsor Panels Customer will provide camera-ready, maximum 3-color artwork. Pictorial artwork will be quoted on an individual basis. d. Full Matrix Color Message, Animated & Video Display Color message, animation & video display to be included in the baseball scoreboard. A color matrix, 96 pixels high by 128 pixels wide, shall produce a minimum of 16.7 million idfferent shades of g:\atty\agreernnt\contract\A.D. Systems -2- - '-' -.....I It color in graphics and/ or animation at up to 30 frames per second. Lamps and lenses shall have a 1.5" center-to-center spacing. Construction: Construction shall be all aluminum with 100 percent solid-state electronic operating circuitry. The display incandescent lamp technology shall use a modular construction, characterized by display modules eight (8) pixels high by sixteen (16) pixels wide. Pixel: Each pixel shall consist of a 5 watt, xenon-filled lamp operated at 3.58 watts typical. Each lamp shall be housed in a special contour reflector, positioned behind a directing prismatic lens. Data Transmission: Shall be via fiber optic cable from the control point to the message and animation display. e. Black & White Message I Animation Display Contractor shall provide a black and white message/animation display to be included in the baseball scoreboard. A black and white matrix, 16 pixels high by 80 pixels wide, shall show two lines of alphanumeric characters with a nominal height of seventeen and one-half (17.5) inches. Lamps and lenses shall have a 2.5" center-to- center spacing. The matrix. shall display messages and graphic animation using low wattage, incandescent lamps. Construction: Construction shall be all aluminum with 100 percent solid-state electronic operating circuitry. Pixel: Each pixel shall consist of a 7.2 watt, xenon-filled lamp. Each lamp shall be housed in a special contour reflector, positioned behind a directing prismatic lens. Data Transmission: Shall be via fiber optic cable from the control point to the message and animation display. f. Installation Responsibilities Turnkey installation to include all labor, materials, permits, appropriate insurance coverage, engineering certification where needed, site clean up as necessary, delivery, installation, electrical, grounding, and signal to turn over a 100% working system as described in these specifications. g:\atty\agreernnt\contract\A.D. Systems -3- '-' 'wi .. Contractor's General Conditions (1) Shall provide compliance with all applicable codes (2) On-site work practices to comply with OSHA standards (3) Shall provide equipment to access displays as needed until installation is 100% operational (4) Shall complete installation in a timely manner (5) Shall be responsible for removal and disposal of existing scoreboard and steel structure (to be cut off at grade), clean up and disposal of debris caused by work, including packing materials. Clean up to be done on a daily basis (6) Shall be responsible for damage to any existing components of facility resulting from work or any other hired subcontractor's work (7) Shall be responsible for damage, theft, or defacing of equipment during unloading and through installation, up to and including first operation of equipment (8) Shall provide a complete list of subcontractors (9) Shall require all subcontractors to provide an experienced superintendent or foreman, familiar and experienced in work similar to the scope of this project (10) Shall ensure all support steel to be primed and painted (11) Shall ensure all field welds to be primed and painted (12) Shall ensure all field welds to be performed by certified welder. County's Responsibilities (1) Shall provide access to facility (2) Shall provide a suitable work area for the installation (3) Shall provide timely approval of shop drawings (4) Shall provide personnel to be trained for operation during the installation time frame (5) Shall provide signal conduit/raceways (6) Shall provide primary power source Structure/Installation Bottom of display tqj?e 10 feet above grade Electrical Contractor shall provide all labor, materials and equipment to perform the following: g:\atty\agreemnt\contract\A.D. Systems -4- .. (1) (2) (3) (4) (5) g. Site '-'" ......, Shall provide and install any new transformers required for scoreboard display system Shall provide and install any new power cabling, or upgrading of equipment as may be necessary Shall provide and install power conduit and cabling from the lockable disconnect switch to the scoreboard load centers and branch circuits for sponsor displays Shall provide electrical termination to all display components Shall utilize existing electrical service or equipment as needed Excavation - Any obstructions shall be removed at County's expense or the obstruction of water shall be removed and replaced with solid soil. County shall incur the expense of said soil and additional machine time for underground obstructions, shall include but not be limited to gas lines, rock, coral, water lines, phone lines, any solid material deposited by ill or any abnormal foreign material including excess water in the excavation site. County is responsible for clearly marking any underground obstructions such as gas, electrical, water or phone lines, etc. and is solely responsible for damage due to unmarked items. Location - The scoreboard location will be directly behind the existing scoreboard. County agrees to supply a staging area for steel preparation on site and provide access to and from staging areas. Contractor will coordinate installation times and dates with customer in advance. Any delays caused by customer, its contractors or agencies will be charged on a time and material basis. It is customer's responsibility to provide access to installation area with surface area that will support crane trucks and trailers. Materials - The Contractor warrants that all materials used in completing installation contracted for herein, will be of high quality and new, with the exception of existing electrical feeder and associated equipment, and that all work will be performed according to plans and specifications and modifications authorized in writing by the County and an officer of the Contractor's corporation, and further that the work will be of a design, nature, and quality as customary for the industry in the region and will comply with all applicable laws and regulations. g: \atty\agreemnt\contract\A. D. Systems -5- '--' '-tI "t Installation - The Contractor shall not be liable for delays or damages, or shall incur any liability, nor shall these presents be impunged by Contractor's failure to perform if prevented by fires, strikes, or other labor disputes, acts of God, governmental or municipal regulation or interference, shortages of labor or materials, delays in transportation, non-availability of the same from manufacturers or suppliers, or other causes beyond control. In no event shall the contractor be liable for special or consequential damages arising out of any delay beyond its control as described in this paragraph. If surveys of land are required for any reasons to determine property lines, set backs, scoreboard location, or for any other reason, said surveys will be provided by the County. If additional expense is incurred by Contractor due to misinformation or wrong information provided by the County as to property lines, easement lines, right of way lines, or any other, the County agrees to pay this additional expense. 4. PROJECT MANAGER The Project Manager for the County is Albie Scoggins, at (561) 871-5459. The Project Manager for the Contractor is Lynn Bonrud at (954) 714-2504. The parties shall direct all matters arising in connection with the performance of this Contract, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Contract. 54. CONTRACT DOCUMENTS The Contract Documents which comprise the Contract between the County and the Contractor are attached hereto and made part hereof and consist of the following: A. This Contract, consisting of pages 1 through 19 inclusive. B. Contractor's Bid, consisting of 5 pages. g: \atty\agreernnt \contract \A. D. Systems - 6- '-' v It C. Bid Documents, consisting of: Invitation to Bid and Instructions to bidders. Specifications, pages 1 to 14, inclusive. D. Public Construction Bond, which shall be provided to the County by the Contractor, along with the return of an executed copy of this Contract. E. Insurance Certificates which shall be provided by the Contractor, along with the return of an executed copy of this Contract. F. Any Modifications, including change orders, duly delivered after execution of this Contract. Except for duly authorized and executed Modifications including but not limited to change orders and contract amendments, any conflict between the terms and conditions of this Contract and the terms and conditions of any of the other contract documents shall be interpreted in favor of this Contract. 6. PERFORMANCE GUARANTY That Contractor guarantees to repair, replace or otherwise make good to the satisfaction of the County any defect in workmanship or material appearing in the Work; and further guarantees the successful performance of the Work for the service intended. Neither inspection nor payment, including final payment, by the County shall relieve the Contractor from his or its obligations to do and complete the Work in accordance with this Contract. If the County deems it inexpedient to require the Contractor to correct deficient or defective Work, an equitable deduction from the contract price shall be made therefore or in the alternative, if the expense incurred by the County to correct deficient or defective Work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the County. The liability of the Contractor and its surety or sureties for such payment is joint and several. 7. TIME OF PERFORMANCE/DELAYS AND EXTENSIONS OF TIME The Contractor shall begin work within five (5) calendar days aTter the signing, execution and delivery of written notice to proceed, and shall use its best efforts to complete the Contract on or before March 5, 1999, the day before opening day of the 1999 Major League Spring Training. If the Contractor is unable to complete the installation of the new score board by March 5, 1999, the g: \atty\agreemnt\contract\A. D. Systems -7- '-' v Contractor shall submit a written proposal to the County to either repair the existing scoreboard or to provide an alternate scoreboard at the County's cost. The Contractor shall guarantee completion of the Contract on or before March 31, 1999. Commencement of the Work by the Contractor shall be deemed a waiver of this notice. The Work shall be conducted in such a manner and with sufficient labor, materials, tools, and equipment necessary to complete the Work within the time limit set forth in the Contract. In the event the construction schedule as set forth in the Contract documents is changed, the Contractor shall notify the County, in writing, of the change in schedule. Such schedule change shall not, however, extend the time for completion unless approved by the County in writing. In the sole opinion of the County, should the organization of the Contractor, or its management, or the manner of canying on the Work be manifestly incompetent, or inadequate to do the Work specified within the stated time, then the County shall have the right to take charge of the Work and finish it and provide the labor, materials and equipment necessary to complete the Work as planned within the required time and to charge the cost of all such Work against the Contractor and his, or its Surety shall be held responsible therefore. The Contractor fully understands and agrees that the County shall not pay for any obligation incurred or expenditure made by the Contractor prior to the effective date of the notice to proceed described above, unless the County authorizes such payment in writing. As the Contractor's only remedy for delay, the County may grant an extension of the contract time, when a controlling item of Work is delayed by any factors contemplated or not contemplated at the time of the bid. Such extension of time may be allowed for delays occurring during the contract time period or authorized extension of the contract time. All claims for extension of time shall be made in writing to the County. Claims for delay due to inclement weather shall be made by the 10th day of the month following the month of the delay. All other claims shall be made no more than twenty (20) days after the commencement of the delay. Claims made beyond these time limits shall be null and void. Requests for extension of time shall be fully documented and shall include copies of daily logs, letters, shipping orders, delivery tickets, and other supporting information. In case of a continuing cause of delay only one (1) claim is necessary. Normal working weeks are based on a five (5) day week. All authorized extensions of time shall be done by Change Order. 8. DELAY DAMAGES It is mutually agreed between the parties hereto that time is of the essence in the performance of this Contract. In the event the construction of the Work is not completed within the time herein specified the County will suffer damages, the g: \atty\agreemnt\contract\A. D. Systems -8- '-" v amo11nt of which is difficult if not impossible to ascertain. It is agreed, therefore, that from the compensation otherwise to be paid to the Contractor, the County may retain the sum of five hundred and 0/100 ($500.00) dollars per calendar day for each day thereafter, Sundays and holidays included, that the Work remains uncompleted. This sum shall represent the damages which the County will have sustained per calendar day from the inconvenience and expense caused to the County by the delay in the completion of the Work. This sum is not a penalty, being the liquidated damages the County will have sustained in event of such default by the Contractor. The County also reserves the right to recover actual damages for other harm which results from the delay. The Contractor shall be liable for liquidated damages even if the Contract is terminated by the County for cause or if the Contractor abandons the Work. The liability of the Contractor and its surety or sureties for liquidated or actual damages is joint and several. 9. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract and completion of the project in accordance with the Contract Documents, subject to adjustment by change order, the total estimated amount in current funds being: two hundred ninety-seven thousand two hundred sixty-three and 0/100 ($297,263.00) dollars 10. PAYMENT SCHEDULE The County shall make payments on account of the Contract as follows: One hundred fifty thousand and 0/100 ($150,000.00) dollars which has been previously paid to the Contractor by the New York Mets National League Baseball Club, receipt of which is hereby acknowledged. The balance is payable upon satisfactory completion of installation. Upon completion of the Contract the Contractor shall submit evidence satisfactory to the County that all payroll material, bills, and other indebtedness incurred by the Contractor in connection with the construction of the project have been paid in full. After the Work has been inspected and approved and after the Contractor has submitted satisfactory evidence of payment, the County's Project Manager shall promptly issue a final certificate. Final payment shall be due within 20 business days after the County's Project Manager issues the final certificate. g: \atty\agreemnt \contract \A. D. Sysfems - 9- '-' 'wi It The County shall pay the Contractor through payments issued by the County Finance Department in accordance with the Florida Prompt Payment Act of the Florida Statutes, Chapter 218.70, upon receipt of the certified invoice from the County Project Manager. The parties agree, however, that any payments withheld as liquidated damages or for any other reason allowed by this Contract, shall not be governed by the Florida Prompt Payment Act. 11. SUBCONTRACTORS In the event Contractor requires the services of any subcontractor or professional associate in connection with the Work to be performed under this Contract, the Contractor shall secure the written approval of the County Project Manager before engaging such subcontractor or professional associate. 12. AUDIT The Contractor agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. The Contractor agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 13. PUBLIC RECORDS The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Contract. 14. GUARANTEE The Contractor guarantees the Work to be free from construction defects for a period of one (1) year from final payment by the County, in accordance with the guarantee requirements of the General Conditions. g: \atty\agreemnt\contract\A. D. Systems -10- '-' 'wi 15. .. CONTRACTOR RESPONSIBILITY The Contractor is an independent contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Contractor, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. The Contractor shall take the whole responsibility for the means, methods, techniques, sequences, and production of the Work. 16. INDEMNITY Contractor agrees to pay of behalf of, protect, defend, reimburse, indemnify and hold the County, its agents, employees, elected officers and representatives and each of them, (hereinafter collectively and for the purposes of this paragraph, referred to as "County"), free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against County by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, any agent or employee of any party hereto or of any party acquiring an interest hereunder, and any third or other party whomsoever, or any governmental agency, arising out of or in incident to or in connection with Contractor's performance under this Contract, the condition of the premises, Contractor's acts, or omissions or operations hereunder, or the performance, non-performance or purported performance of the Contractor of any breach of the terms of this Contract; provided however that Contractor shall not be responsible to County for damages resulting out of bodily injury or damages to property which Contractor can establish as being attributable to the sole negligence of County, its respective agents, servants, employees or officers. Contractor further agrees to pay on behalf of and hold harmless and indemnify County for any fines, citations, court judgments, insurance claims, restoration costs or other liability resulting from its activities on the project, whether or not Contractor was negligent or even knowledgeable of any events precipitating a claim or arising as a result of any situation involving Contractor's activities. Said indemnification by Contractor shall be extended to include all deliverers, suppliers, furnishers of material or anyone acting for, on behalf of, or at the request of Contractor. Contractor recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant. In conformance with Section 725.06 Florida Statutes, the specific consideration g: \atty\agreemnt\contract\A. D. Systems -11- "-' v giveI"!' for the promises of the Contractor set forth with regard to this indemnification and hold harmless clause is $10.00 in hand paid by the County to the Contractor as a portion of the contract price, receipt thereof is hereby acknowledged and the adequacy of which the Contractor accepts as completely fulfilling the obligations of the County under the requirement of Section 725.06 Florida Statutes. This indemnification and hold harmless survives acceptance of the Work. This clause of the Contract will extend beyond the term of the Agreement for a period of ten (10) years after the date of the acceptance of the Work by the COUNTY. To the extent allowed by law, the County agrees to indemnify and hold harmless the contractor from (1) any liability arising from disputes related to the real property upon which the sign is to be located, (2) construction beyond property lines due to mistake of the customer; and, (3) liability arising from zoning changes or deed restrictions. 16. INSPECTION The project will be inspected by the Project Manager and will be rejected if it is not in conformity with the Contract provisions. Rejected Work will be immediately corrected by the Contractor. When the Work is substantially completed, the Contractor shall notify the County in writing that the Work shall be ready for final inspection on a definite date, at least three (3) calendar days thereafter, which shall be stated in such notice. 18. PUBLIC CONSTRUCTION BOND The Contractor shall, upon execution and return of this Contract to the County, furnish to the County a public construction bond using the attached form or incorporating all of the terms and conditions set forth therein and covering the faithful performance of this Contract and the payment of all obligations arising hereunder in the amount of one hundred percent (100%) of the Contract amount. The liability of the Contractor and its surety or sureties for the faithful performance of this Contract and the payment of all obligations arising hereunder is joint and several. The Contractor shall record the public construction bond in the Official Records for St. Lucie County and provide the County with a copy of the recorded bond. - The public construction bond required hereunder shall meet the following minimum standards: A. The surety issuing the bond must be licensed to do business in the State of Florida, hold a certificate of authorization to write surety g:\atty\agreemnt\contract\A.D. Systems -12- '-' '-II It bonds in the State, hold a currently valid certificate of authority issued by the United States Department of the Treasury, and otherwise be in compliance with the provisions of the Florida Insurance Code. B. The attorney-in-fact must provide a certified copy of his or her power of attorney to sign the bond. C. The name, address and telephone number of the surety and its agent must be listed on the bond. D. For contracts up to $499,999.99 the surety shall have twice the minimum surplus and capital required by the Florida Insurance Code at the time the bid is issued for the Work, otherwise the surety shall have the following minimum ratings: Contract Amount Best Key Rating Over $2,500,000 Class XII A or better Class XIV or better $500,000 to $2,499,999.99 19. INSURANCE The Contractor shall procure and maintain during the life of this Contract insurance of the types and subject to the limits set forth below. The Contractor shall also provide the County with evidence of this insurance in the form of Certificates of Insurance which shall be subject to the County's approval for adequacy. The County shall be given thirty (30) days prior written notice of any material changes or cancellations of the policies. If sub-contractors are used by the contractor, it shall be the responsibility of the contractor to ensure that all its sub-contractors comply with all the insurance requirements contained herein relating to such sub-contractors. All insurance companies providing insurance under this Contract shall be licensed and authorized to do business in the State of Florida. These companies shall have a general policy holders rating of A or better and a financial rating of X or better according to the latest edition of Best's Key Rating Guide, published by A.M. Best Company. Any deductibles or self insured retention must be declared to and approved by the County. At the option of the County, either the insurer shalheduce or eliminate such deductibles or self insured retention with respect to the County, its elected and appointed officials, employees, volunteers and agents, or the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. g: \atty\agreernnt \contract \A. D. Systems -13- '-' '-' '" Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: A. WORKERS' COMPENSATION The Contractor shall provide and maintain during the life of this Contract, at his, its or their own expense, Workers' Compensation insurance coverage to apply for all employees for Florida statutory limits. Coverage B, Employers Liability, shall be written for a minimum liability at $100,000.00 per occurrence. B. COMMERCIAL GENERAL LIABILITY The Contractor shall provide and maintain during the life of this Contract, at his, its or their own expense, Commercial General Liability insurance on an occurrence basis for a minimum combined single limit of $2,000,000.00 per occurrence, for claims of bodily injury including death, property damage and personal injury. The coverages of Owners and Contractors Protective, Contractual Liability and the coverage of XCU shall be included. The Contractual Liability coverage shall be specifically endorsed to include indemnity and hold harmless requirements set forth herein. C. COMMERCIAL AUTO LIABILITY The Contractor shall provide and maintain during the life of the contract, at his, its or their own expense, Business Commercial Auto Liability for claims of bodily injury and property damage for minimum limits of $100,000.00 combined single limit. D. ADDITIONAL NAMED INSURED If the Contract payment amount exceeds $50,000.00 as set forth in paragraph 8. of this Contract, the General Liability, Auto Liability and Builders risk policies shall contain or be endorsed to state that the County, its Officers, Officials, Employees, Agents, and Volunteers are to be covered as additional named insureds for any and all liability arising out of the Contractor's performance of this Contract, or out of automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on scope of protection offered to the County, its Officers, Officials, Employee, Agents and Volunteers. g:\atty\agreernnt\contract\A.D. Systems -14- '-" '.....I .. F. OTHER INSURANCE PROVISIONS 1. The Contractor's insurance coverage shall be primary insurance as respects the County, its Officers, Officials, Employees, Agents and Volunteers. Any insurance or self-insurance maintained by the County, its Officers, Officials, Employees, Agents, or Volunteers shall be in excess of the Contractor's insurance and shall not contribute with it. 2. Any failure to comply with the reporting provisions of the policy shall not effect coverage provided to the County, its Officers, Officials, Employees, Agents, or Volunteers. 3. The Contractors insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of insurer's liability. 20. DEFAULT; TERMINATION A. FOR CAUSE If either party fails to fulfill its obligations under this Contract in a timely and proper manner, the other party shall have the right to terminate this Contract by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within the seven calendar day period, this Contract shall terminate at the expiration of that time period. With regard to the Contractor, the following items shall be considered a default under this Contract: (1) If the Contractor should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Contractor should refuse or fail, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper material to meet the project schedule or if the Contractor should fail to make prompt payment for materials, or labor or other services entering into the Work. g: \atty\agreemnt\contract\A. D. Systems -15- '-' '-' tt (3) If the Contractor disregards laws, ordinances, or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract. (4) Fails to perform any of the terms of this Contract or performs work which fails to conform to the requirements of this Contract. In the event of termination, the County may take possession of the premises and all materials, tools, and appliances, thereon and finish the Work by whatever method it may deem expedient. In such cases, the Contractor shall only be entitled to receive payment for Work satisfactorily completed prior to the termination date. The County may take possession of and use any materials, plant, tools, equipment, and property of any kind furnished by Contractor to complete the Work. If the expense incurred by the County to finish the Work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the County. The expense incurred by the County as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Project Manager. The Contractor shall be responsible for both liquidated damages attributable to delay and for excess completion costs. The liability of the Contractor and its surety or sureties for such damages and costs is joint and several. The obligations of the Contractor and his surety with respect to the warranty and maintenance bond shall remain in full force and effect for the portion of the Work completed by the Contractor and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the project in its entirety. These clauses shall survive the termination of this Contract. If the County makes a determination pursuant to this Contract to hold the Contractor in default and terminate the Contract for cause and it is subsequently determined that any such determination was improper, unwarranted, or wrongful, then any such termination shall be deemed for all purposes as a termination without cause as described below. The Contractor agrees that it shall be entitled to no damages, allowances or expenses of any kind other than as provided in this Agreement in connection with such termination. B. WITHOUT CAUSE Either party may terminate the Contract without cause at any time upon thirty (30) calendar days prior written notice to the other party. Upon such termination, the Contractor waives any claims for damages from the termination without cause, including loss of anticipated profits, and as the sole right and remedy of the Contractor, the County shall compensate the Contractor for all authorized Work satisfactorily and responsibly completed through the termination date. In the event of termination by the Contractor without cause, the following shall apply: (1) all bonds shall remain fully in force to insure the County's ability g: \atty\agreernnt \contract \A. D. Sýsterns -16- '-' '-' to construct the project for the Contract amount; (2) the County shall have the right to, at its option, solicit bids for the completion of the unfinished portion of the Work, or to negotiate with the number two bidder under the original bid; and (3) the Contractor and his surety shall be jointly and severally responsible for all costs over the original Contract amount incurred by the County in completion of the project, in addition to construction costs, such costs may include engineering, advertising, and administrative expenses incurred with the solicitations of bids for the completion of the unfinished portion of the Work. In the event of termination without cause by either party, the obligations of the Contractor and his surety with respect to the warranty and maintenance bond shall remain in full force and effect for the portion of the Work completed by the Contractor and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the project in its entirety. These clauses shall survive the termination of this Contract. 21. NON DISCRIMINATION Contractor covenants and agrees that Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 22. VERIFICATION OF EMPLOYMENT STATUS The County will not intentionally award contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and Nationality Act ("INA"). The Count shall consider the employment by the Contractor of unauthorized aliens a violation of 8 D.S.C. Section 1324a(e) [Section 274A(e) of the INA]. The Contractor agrees that such violation by the Contractor shall be grounds for the unilateral cancellation of this Contract by the County. 23. PRODUCTS OR MATERIALS WITH RECYCLED CONTENT Contractor is required to procure products or materials with recycled content with respect to Work performed or products supplied under the contract when those products or materials are available at reasonable prices. A decision to not procure such items must be based on a determination that such procurement: g: \atty\agreemnt \contract\A. D. Systems -17- ~ .....,¡ _ a) Is not available within a reasonable period of time; or b) Fails to meet the performance standards set forth in the applicable specifications or fails to meet the reasonable performance standards of the agency. Contractor shall provide the County with a written statement indicating what recycled products were used or supplied. If a decision was made not to use recycled products, Contractor shall provide County with a written statement indicating the basis for the decision using the above criteria. 24. FLORIDA PRODUCED LUMBER Where applicable Contractor agrees to comply with the provisions of Section 255.20, Florida Statutes, (1997) and as may be amended from time to time. 25. ASBESTOS-FREE MATERIALS Contractor shall not use any asbestos or asbestos-based fiber materials in the Work performed under this Contract. 26. ASSIGNMENT The County reserves the right to freely assign this Contract. The Contractor, however, shall not assign this Contract to any other persons or firm without first obtaining County's written approval. 27. ATTORNEYS' FEES AND COSTS In the event of any dispute concerning the terms and conditions of this Contract or in the event of any action by any party to this Contract to judicially interpret or enforce this Contract or any provision hereof, or in any dispute arising in any manner from this Contract, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. The liability of the Contractor and its surety or sureties for such fees and costs is joint and several. 28. NOTICES All notices, requests, consents, and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the g: \atty\agreemnt \contract \A. D. Systems -18- '-' ....,; person gIvmg such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: With A Copy To: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 As To Contractor: James Thomas President A.D. Systems 11866 Metro Parkway Fort Myers, Florida 33912 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 29. NON-WAIVER The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 30. CONFLICT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes (1997) and as may be amended from time to time. The Contractor further represents that no person having any interest shall be - employed for said performance. The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any g: \atty\agreemnt\contract\A. D. Systems -19- ~ '....,; prospective business association, interest or other circumstance which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of Work that the Contractor may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Contractor. The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the County shall so state in the notification and the Contractor shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Contractor under the terms of this Contract. 31. MEDIATION In the event of a dispute between the parties in connection with this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 31. DISPUTE RESOLUTION Any disputes relating to a question of fact arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its representative. At all times, the Contractor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County or its representatives who shall reduce the decision to writing. 32. INTERPRETATION: VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written g: \atty\agreemnt\contract\A. D. Systems -20- '-" """ agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the County has hereunto subscribed and the Contractor has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: ANIMATED DISPLAY SYSTEMS, INC. BY: PRESIDENT (SEAL) SECRETARY Print Name g: \atty\agreemnt\contract\A. D. Systems -21- '-' """" ITEM NO. :J AGENDA REQUEST DATE: FEBRUARY 2, 1999 REGULAR [XX] PUBLIC HEARING CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ADMINISTRATION SUBJECT: LETTER OF INTENT TO QVC, INC. BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL. (State type & No. of transaction or N/A): FUTURE YEARS' BUDGETS PREVIOUS ACTION: RESOLUTION 99-005 RECOMMENDATION: STAFF RECOMMENDS APPROVAL OF MY JANUARY 26, 1999 LETTER OF INTENT TO QVC, INC. AND AUTHORIZES THE COUNTY ATTORNEY TO PREPARE A GRANT AGREEMENT BETWEEN QVC, INC. AND THE COUNTY. COMMISSION ACTION: J APPROVED ] OTHER: ] DENIED M. ANDERSON Administrator Review and Approva1s County Attorney: Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 '-' ~ ~ MEMORANDUM TO: BOARD OF COUNT FROM: DOUG ANDERSON DATE: JANUARY 27, 1999 SUBJECT: QVC, INC. TERMS ----------------------------------------------------------------- ----------------------------------------------------------------- Please find attached my Letter of Intent dated January 26, 1999 to QVC, Inc. setting forth incentives to them to build a regional headquarters in St. Lucie County. This will be an $11,000,000 to $13,000,000 building constructed this year in St. Lucie West consisting of approximately 50,000 square feet. By 2002 QVC's proj ections show employing approximately 1200 area residents. Also attached is a January 27th response to me from QVC, Inc. accepting my Letter of Intent contingent upon the Board of County Commissioners approval at your February 2nd Board Meeting. On January 9th you approved Resolution 99-005 authorizing a $500,000 Job Growth Incentive Program. The Resolution further recognized that the Board would consider an acceleration of the annual payments to QVC, Inc. and a possible expansion of the maximum award under the St. Lucie County Job Growth Incentive Program, once Qvc, Inc. had confirmed its final employment needs and levels. QVC, Inc. officials will be in attendance at this meeting to address the Board and answer any questions. vJi./ rr\~// Pí/I " J Att 27, ¡ 999 8: 44AM ~ LEGAL "WI NO. 7146 P. 2 QVC V1A FAX (561-462-2131) January 27, 1999 Douglas M. Anderson, County Administrator St. Lucie County 2300 Vi(ginia Avenue 3rd Floor Admin. Annex Fort Pierce, FL 34982-5652 RE: Port SL Lucie Facility Dear Mr. Anderson: Thank you for your Letter dated January 26. 1999. Based on the representations described in your letter, I am pleased to infonn you that QVC, rne's wholly-owned subsidiary, St. Lucie Acquisition Company ("QVC'~, has selected the City of Port St. Lucie, St. Lucie County, Florida, as the site for the development"and constIUction of its new telecommWlications center. This is the culmination of an extensive nationwide searoh. The selection of the site is subject to the completion. in a. form satisfactory to QVC, of among other things, the following: 1. Approval by the Board of Commissioners of St. Lucie County of the terms and conditions described in your letter; 2. The prqmation and execution of an economic incentive grant agreement between St. Lucie County and QVC on the tetms and conditions descrlbed in your letter; 3. Tho execution of an lntcdocal Agreement between St. Lucie County and fue City of Port St Lucie addressing the allocation of funds for the expansion of the bridge over the Florida Turnpike at Sl Lucie West; 4. The purchase by QVC of the site loœted in St. Lucie West; and 5. The preparation and execution of a grant agreement between EnteJ:pI'Íso Florida, Inc., Indian River Community College and QVC for Quick Response Training Program grants. studto Park, Wed C""..t.r. PA t93'0-4;!.~~ T.I~ 610-701·1000 , JAN. 27. tggg 8.45AM ~1~l'¡r ~, Lr.\r/\L ""'" "1'" n ~ ~ l" n I') lW I 1 rt 0 r. J QVC Douglas M. Anderson Janu31)' 27, 1999 Page 2 It is QVC's intention to coootruct a. facility of approximately 50.000 square feet with capabilities to seat at least 400 order entry and customer service representatives. When completed, this will be the fourth call center operated by QVC. Inc. and its subsidiaries, wïth other centers located in W~t Chester, Pennsylvania, San Antonio, Tex~ and Chesapeake, Virginia. It has been our experience that a call center of this size when fully operational and staffed, will generate approxim.ately 1,600 jobs including 1,200 full-time equivalent positions rangÎPg 1Ìom supervisory to customer seIVice and order-entry personnel. We anticipate that at least fifty (50%) percent of the non-salaried jobs and seventy (70%) percent of the salaried jobs will be filled by residents ofSt. Lucie County. With the competitive wage and bmefitpackage offered to both full-time and part-time employees, we betieve that the facility will haYe a tremendous positive economic impact on Sl Lucie County. ". We were extremely impressed with St. Lucie County, as weU as the dedication and coopcra:tion of state and local officials and other residents of St. Lucie County, during our extensive nationwide site search. It is my understanding that this matter will come before 1he Board of County Commissions at 7:00 pm. on Tuesday, Febroaxy 2, 1999. Other QVC representatives and I p1m to be in attendance that evening. We look forward to addressing the Board pCJSODa1ly. We thank. you for all your help and look fot'WUd to working with you and other government officials 10 finalize our plans. Thomas G. Do Execntive Vice President Operations & Services cç; Robert N. Klein. Esquire, Dean Mead & Minton #24256 ~ ..., ßOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR DOUGLAS M. ANDERSON VIA FACSIMILE AND REGULAR MAIL January 26, 1999 Mr. Thomas G. Downs Executive Vice President, Operations and Services QVC, Inc. 1200 Wilson Drive West Chester, Pennsylvania 19380 RE: Letter of Intent Dear Mr. Downs: This letter sets forth the intention of the Board of County Commissioners of St. Lucie County, Florida, to provide the following to QVC, Inc. or its subsidiary ("QVC") upon QVC's commitment to construct and locate an approximately fifty-thousand (50,000) square foot regional headquarters telecommunications facility in St. Lucie County, Florida: 1. Providing QVC with an amount not to exceed five hundred thousand and 0/100 ($500,000.00) dollars in Job Growth Investment (JGI) funds payable over a two (2) year period. The two (2) year period will begin on October 1, 1999 or the date QVC first hires employees, whichever first occurs (the "Effective Date"). This funding commitment is contingent upon QVC complying with JGI program requirements, including QVC providing a minimum of two hundred fifty (250) full-time equivalent jobs, in accordance with the tenns of the grant agreement. Full-time equivalent hours shall be established by total payroll hours divided by 35. The County's funding commitment is based on the County paying two thousand and 0/100 ($2,000.00) dollars per full-time equivalent job. The County's maximum annual funding commitment is two hundred fifty thousand and 00/100 ($250,000.00). Bonus criteria, including bonuses for hiring St. Lucie County residents, will apply as set out in the grant agreement. Based on QVC's experience in other areas, it is QVC's expectation that more than fifty (50010) percent of the non-management employees and more than seventy (70%) percent of the management employees will reside in St. Lucie County. In the event QVC creates more than one hundred twenty-five (125) jobs in the first year, those additional jobs may be applied toward QVC's job commitment in the second year. In the event QVC creates more than one hundred twenty-five (125) jobs in the second year, those additional jobs may be applied toward QVC's job commitment in the first year where QVC did not receive the remaining annual funding. Jobs created in excess of the requirements of this paragraph may be applied toward QVC's job commitment in the third through seventh years. 2. Providing QVC with an additional amount not to exceed five hundred thousand and 0/100 ($500,000.00) dollars in JGI funds payable over a five (5) year period begillIÙng on October 1, 2001, or two years from the date QVC first hires employees, whichever first occurs. This funding commitment is contingent upon QVC complying with JGI program JOHN D, Or>.UHN. District No, 1 . DOUG COWAr>.D, DistriCt No 2 . PAULA A, LEWIS. Districr No, J . FI\ANNIE HUTCHINSON. Districr No, 4 . CLIFF OAr>.NES. District No, 5 County AdmlnisrfOtor - Douglos M, Anderson 2.300 Virginia Avenue · Fort Pierce. FL .34952-5652 · Phane (561) 462-1450 · TDD (561) 462-1425 r~v 'rf J/'\ AL" ,",\A..-,A "",. ...., requirements, including QVC providing up to an additional seven hundred fifty (750) full- time equivalent jobs (including carryforwards as set forth in Paragraph 1) in excess of the jobs provided as outlined in paragraph 1 of this letter, in accordance with the terms of the grant agreement. Full time equivalent hours shall be established by total payroll hours divided by 35. This funding commitment is based on the County paying six hundred sixty- six and 66/100 ($666.66) dollars per job. The County's funding commitment shall not exceed the maximum annual funding commitment of one hundred thousand and 0/100 ($100,000.00) dollars, In the event QVC creates more than one hundred fifty (150) jobs per year, the additional jobs may be applied toward QVC job commitments in subsequent years or to prior years where QVC did not receive the maximum annual funding. 3. The initial funding eligibility determination for payment of JGI funds shall be as of the first anniversary of the Effective Date. Subsequent eligibility determinations shall be made each subsequent anniversary of the Effective Date. Eligibility determinations shall be made in accordance with the terms of the grant agreement. Payment of JGI funds shall be made within thirty (30) days after the date the eligibility determination is completed 4. Adoption of an ordinance granting QVC an economic ad valorem tax exemption including tangible personal property over a five (5) year period in accordance with the following schedule: Year 1 Year 2 Year 3 Year 4 Year 5 100% 100% 100% 100% 100% The granting of an economic ad valorem tax exemption is contingent upon adoption of an ordinance at a public hearing and QVC complying with all state and local requirements pertaining to the economic development ad valorem tax exemption. This letter, if accepted by QVC, will not constitute a binding contract but will serve as a letter of intent justifying each of the parties to continue negotiations and to direct their attorneys to proceed with the preparation of a grant agreement and such other documents as are appropriate. Any binding contract will exist only when the grant agreement and any other documents have been prepared and approved by the parties and their respective counsels as regards both form and substance and signed and delivered by the parties. It is understood that this letter is not intended to set forth all of the terms of the grant agreement and any other documents and that the definitive agreements will contain additional terms required by the respective parties. If the above terms are acceptable to QVC, please indicate your acceptance in writing. After I receive your written acceptance, I will agenda the 1 fer for Board approval. Since I , ¡} ¡; .,:y6 /1 4~ ougJ,as M. Anderson County Administrator DMA/ caf ~/ '--' ,- ''''WII AGENDA REQUEST ITEM NO. 6 / DATE: February 2, 1999 CONSENT REGULAR PUBLIC HEARING [ X ] Leg. [X] Quasi-JD. SUBJECT: Consider Draft Ordinance 99-001 providing for a series of General Amendments to the St. Lucie County Land Development Code. TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Development BACKGROUND: Draft Ordinance 99-001 proposes a series of amendments to the County's Land Development Code. These amendments are general in nature and are as a result of specific requests of members of the Board, and staff initiated technical corrections to the County's Land Development Code. On January 5, 1999, this Board opened the first of the two required public hearings on these proposed amendments. At that hearing, the Board continued discussion on the first reading of Draft Ordinance 99-001 until January 19, 1999. On January 19, 1999, this Board reopened the first of the two required public hearings on these proposed amendments, and accepted additional public comments and testimony. The public hearing scheduled for February 2, 1999, is the second and final required public hearing on these proposed amendments. FUNDS AVAILABLE: N / A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve draft Ordinance 99-001. COM ISSION ACTION: [ ] APPROVED [ DENIED [ ] OTHER: Make correction to open space and tower height sections. County Attorney: .~ Coordination/Siqnatures Mgt & Budget: Purchasing: Originating Dept: Other: Other: (AGEND410) Finance: (copies only) : c/'" '-" ......, COUNTY COMMISSION REVIEW: February 2,1999 Ordinance 99-001 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Board of County Commissioners FROM: Ray Wazny, Community Development Director DATE: January 28, 1999 SUBJECT: Consider Draft Ordinance 99-001 providing for a series of General Amendments to the St. Lucie County Land Development Code. Attached, is a copy of Draft Ordinance 99-001 which proposes a series of amendments to the County's Land Development Code. On January 5,1999, this Board opened the first of the two required public hearings on these proposed amendments. At that hearing, the Board continued discussion on the first reading of Draft Ordinance 99-001 until January 19, 1999. On January 19, 1999, this Board reopened the first of the two required public hearings on these proposed amendments, and accepted additional public comments and testimony. The public hearing scheduled for February 2, 1999, is the second and final required public hearing on these proposed amendments. The amendments included in Draft Ordinance 99-001 are: Section 2.00.00 Definitions: · Draft Ordinance 99-001 proposes to amend the definition of Hotel/ Motel clarifying the length of stay typically associated with these facilities. · This section proposes to amend the definition of Open Space to address the use of private property in the determination of open space and to add a new definition for areas considered to be Common Open Space. · This section proposed to create new definition for Temporary Buildings or Structure and Transient Lodging Facilities. Section 3.01.03(£) Zoning Districts: . This section amends the Accessory Use provisions of the AR -1 Zoning District to clarify the use of mobile homes, subject to meeting the standards set forth in Section 7.01.05 of this Code. As noted in our previous comments to the Board, Section 7.01.05 of the County's Land Development Code already specifically allows the placing of a mobile home as an Accessory Use to a bona fide ,/ t- '-" "-" January 28, 1998 Page 2 Subject: Draft Ordinance 99-001 agricultural operation in certain zoning districts, including the AR-1 Zoning District. This proposed amendment is solely for the purpose of correcting a topographic oversight in not including the required reference under the Accessory Use provisions of Section 3.0 1.03(E) of the St. Lucie County Land Development Code. Section 4.01.05 Hutchinson Island - Building Height Overlay Zone · This amendment provides for clarification of existing vested development rights and for the ability to locate Telecommunication Towers on Hutchinson Island, subject to meeting the requirements of Section 7.10.23. At the Boards meeting of January 5, 1998, there were questions asked about the advisability of pennitting Telecommunications Towers on the coastal barrier island. In reviewing this matter, it appears that the County does not have the ability under Federal regulation to specifically exclude the barrier island from being a location where telecommunications towers may be located. Our codes pennit these kind of facilities as a Conditional Use in all of our zoning districts, with the exception ofthe IL, œ, U and Ag Zoning Districts. There must be some mechanism that allows for these facilities to at least be considered for location on the island. Section 4.01.00 of the county's land development code establishes maximum building heights for all structures on Hutchinson Island. The two height zones allow development to be either 35 feet or 125 feet high, depending on location and compliance with all other county codes. ' The submitted amendment to Section 4.0 1.05(x) is for the purpose of recognizing that these towers may be greater in height than 125 feet. Noting the comments made on January 5th, staff would recommend that this Section be amended to eliminate the current internal inconsistency, that does not allow for towers, antenna or antenna arrays in excess of the restrictions of Section 4.0 1.03. However, staff does recommended that given the distribution of the "A" Zones (125 foot high zones) on Hutchinson Island, it is within the realm of logical consideration that should a telecommunications provide wish to locate, or co-locate a tower, antenna or antenna array in the "A" Zones, adequate coverage for all of the islands can be maintained. It is therefore not necessary to extend this exemption from the building height restrictions to the "B" Zone properties. Additionally, there was a concern raised by the Conservation Alliance ofSt. Lucie County, Inc., at the Boards meeting of January 5, 1999, regarding the County's interpretation of Section 11.09.00 of the Land Development Code as it relates to the proposed amendment to Section 4.0 1.05(A). The Conservation Alliance has made a suggestion that additional language be added to this amendment ting this detennination back to the County's vested rights regulations in Section 11.09.00 of the Land Development Code. When read in its entirety, the regulations set out in Section 11.09.00 of the Land Development Code do not conflict with the statements or intent of the proposed amendments. Staff has no objection to the proposed amendment, as submitted. Section 6.06.00 Mining Í-- ~ ..".¡ January 28, 1998 - Page 3 Subject: Draft Ordinance 99-001 Section 6.06.0HB)(11) Restrictions, Regulations, and Conditions on Mining Permit · The amendments to this Section clarify those areas of the county in which Mining activities are to be prohibited. Section 6.06.02(C) Extraction Incidental to Development Activities · This proposed amendment provides for an exemption for the construction of stormwater retention facilities associated with the construction of roadway projects. Section 7.01.00 Planned Unit Development Section 7.01.02 Authorized Uses · This section provides for a clarification of the authorized uses in a Planned Unit Development. As noted at the January 5, 1999 meeting of the County commission, currently when an application for Planned Unit Development is submitted for review, all of the uses the mentioned in the referenced zoning districts are considered to be potentially eligible uses in that PUD, subject to County Commission approval as part ofthe Preliminary Planned Unit Development Review Process. Ifa use that is proposed is determined by the Board, through the public hearing process, to be inappropriate or incompatible with the proposed PUD and/or the surrounding area, then the Board has the ability to deny or modify the proposed PUD to eliminate or restrict the determined objectionable use. Section 7.01.03(a) Standards and Requirements · This amendment provides for change in the minimum size of a Planned Unit Development from 10 acres to five (5) acres. This change is necessary if, consistent with the general direction of the County Commission, the County is to encourage the use of the PUD zoning district for small scale development sites. The only other alternative is for a property owner is to seek a variance from these standards under the provisions of Section 10.00.00 of the Land Development Code. Section 7.01.03(e)(5) Standards and Requirements · This amendment provides for a clarification on the ability to use variable standards in road right-of- way widths in a Planned Unit Development. It has been the practice of the County to permit such variations, under broad interpretations of the provisions of the PUD regulations. However this amendment serves to further clarify the authority for granting such considerations. All construction must still be to County Code and it shall remain the responsibility of any applicant for PUD approval seeking to take advantage of this section to demonstrate compliance with the intent of the County's minimum ROW width standards. At the January 5, 1999, public hearing, The Conservation Alliance of St. Lucie County, Inc., presented an objection to this proposed amendment, and the subsequent amendment to the PNRD and PMUD section referencing the sem matter. Their objection reads as follows: '-" .., January 28, 1998 Page 4 Subject: Draft Ordinance 99-001 3. The amendment to Section E.5 on page 10 aI/ows variations to the standard minimum right-ol-way widths in PUDS. This effectively exempts these developments from the state-mandated provisions of the comprehensive plan, which requires the county to "...develop and implement a COUNTY WIDE right of way protection regulation and Rightof Way Dedication Ordinance," (policy 1.1.8.3) The minimum right-of way established in the Traffic Circulation Element of the Comprehensive Plan is 50 it, (jor Local Roads with closed drainage-curb and gutter, See Table 7.15, attachment B). This provision would aI/ow higher intensity developments with substandard streets and utilities, resulting in traffic congestion, insufficient room for sidewalks and bicycle paths, and inadequate drainage. (This is also applicable to corresponding amendments for PNRD and PMUD on p. 13 and 16)" [Letter from the Conservation Alliance ofSt. Lucie County, Inc., dated January 5, 1999, to the St. Lucie County Commission, signed by K. Brian Killday, Vice President.] The assessments of this proposed amendment made by the Conservation Alliance on this item are not correct. The specific proposed amendment to Section 7.01.03(E)(5) reads as follows: · Streets in a Planned Unit Development may be dedicated to public use or retained under private ownership. Said streets and associated improvements shall comply with all pertinent County regulations and ordinances. however. variations to the standard minimum right-of- way widths may be considered as part of the Planned Unit Development if it is shown to the satisfaction of the Board of County Commissioners. thatthe requested variation is consistent with the intent of the County? s roadway construction standards and necessary for the design of the Planned Unit Development. The conservation alliance's concerns about this amendment allowing for" higher intensity developments with substandard streets and utilities, resulting in traffic congestion, insufficient room for sidewalks and bicycle paths, and inadequate drainage" fails to consider that the second part of the proposed amendment requires that any County approval of a variable street design include a verification that the submitted design is consistent with the intent of the Countys basic roadway design standards and that the function of the proposed roadway be maintained. For example, if the road is to serve the functions of an arterial roadway, the roadway must be capable of carrying high volumes of traffic and the location of utilities must be in manner so not to imped traffic if repairs need to made to the utility. The conservation alliance comments include a reference to Policy 1.1.8.3 of the County's Comprehensive Plan. This Policy reads as follows; Policy 1.1.8.3 In conjunction with the Objectives and Policies of the Traffic Circulation Element, St. Lucie County shall develop and implement by August 1990 a county-wide right-of-way protection regulation and Right-of-Way Dedication Ordinance. Section 7.05.00 of the County's Land Development Code addresses Transportation matters related to roadway construction in the County. This Section addresses the specific standards and requirements that must be meet in regard to new street construction, particularly as it effects major street construction. The proposed amendments to the County's Planned Development regulations are not intended to circumvent the County Right-of-way Protection Maps or dedication requirements for roadways on the County's Thoroughfare Protection Plan. -~ """" January 28, 1998 Page 5 Subject: Draft Ordinance 99-001 Section 7.0 1.03 (I) Standards and Requirements · These amendments clarify what areas may be counted as Open Space. Section 7.02.00 Planned Non-residential Development Section 7.02.02 Permitted Uses · This section clarifies the necessity of any proposed Telecommunications Tower to comply with the requirements of Section 7.10.23 of this ,Code. Section 7.02.03(B) Standards and Requirements · This amendment clarifies the ability to establish variable minimum lot standards in a Planned Non- Residential Development. Section 7.02.03(D) Standards And Requirements · This amendment provides for a clarification on the ability to use variable standards in road right-of- way widths in a Planned Non-Residential Development. It has been the practice of the County to permit such variations, under broad interpretations of the provisions of the PNRD regulations. However this amendment serves to further clarify the authority for granting such considerations. All construction must still be to County Code and it shall remain the responsibility of any applicant for PNRD approval seeking to take advantage of this section to demonstrate compliance with the intent of the County's minimum ROW width standards. Section 7.01.03Œ) Standards and Requirements · These amendments clarify what areas may be counted as Open Space. Section 7.03.00 Planned Mixed Use Development Section 7.03.02 Permitted Uses And Locations . This section provides for a clarification of the authorized uses In a Planned Mixed Use Developments. Section 7.03.03(E) Standards and Requirements · This amendment provides for a clarification on the ability to use variable standards in road right-of- way widths in a Planned Mixed Use Development. It has been the practice of the County to permit such variations, under broad interpretations ofthe provisions ofthe PMUD regulations. However, '-" ....,I January 28, 1998 Page 6 Subject: Draft Ordinance 99-001 this amendment serves to further clarify the authority for granting such considerations. All construction must still be to County Code and it shall remain the responsibility of any applicant for PMUD approval seeking to take advantage ofthis section to demonstrate compliance with the intent of the County's minimum ROW width standards. Section 7.03.03(K)·, Standards and Requirements · These amendments clarify what areas may be counted as Open Space. Section 7.05.00 Transportation Systems Section 7.05.02(A)(I0) Streets · This proposed amendment is to provide additional direction and guidance in the review of roadway construction plans for new County road projects and private development plans. Section 7.05.02(A)(I3) Streets · This proposed amendment is to provides for additional direction and guidance in the required method of signing on local street and roads. Section 7.05.08(H) Street Naming and Identification · This Section amends the authority for naming or renaming streets from the County Engineer to the Community Development Director. This is technical adjustment to bring both street address assignments, which already are administered by the Development Director, and street naming to the same Department. Section 7.06.00 Off-Street Parking and Loading Section 7.06.01 Generally · The amendments to this Section require that with any change in use, all current off-street parking standards and requirements shall be complied with. These amendments do not apply to businesses that utilize a common parking area, such as a shopping center or multi-tenant office complex. All parking lots constructed after the effective date of this amendment shall be required to paved with a County approved all weather surface. Section 7.06.02(A) Off-Street Parking · This Section amends the parking ratio for hotel and motel uses. This is to correct a scriveners error in the existing ratio which incorrectly sets the standard at one and one hundredth (1.01) space per guest unit as opposed to one and one tenth (1.1) space per guest unit. Section 7.06.02(B) Off-Street Parking "-' .....,¡ January 28, 1998 Page 7 Subject: Draft Ordinance 99-001 · The amendments in this section clarify and reinforce existing regulations governing the applicability of these parking standards. This Section further re-enforces the parking restrictions within any required landscape area. 7.09.00 Landscaping and Screening · The amendments to this Section require that with any change in use, all current landscaping standards and requirements shall be complied with. These amendments do not apply to businesses that utilize a common parking areas, such as a shopping center or multi-tenant office complex. Section 7.09.03(D) General Provisions · This section amends and strengthens the requirements for maintaining on-site landscaping. If violations of the requirements of this section are reported, they are to be prosecuted through the Code Enforcement Board. Section 7.09.03(E) Plant Materials · This section amends the minimum tree planting requirements by increasing the minimum height of all trees to be planted from ten (10) feet to twelve (12) feet. Twelve feet is consistent with the minimum landscaping requirements of the City of Port St. Lucie, and is similar to the minimum tree heights of other municipal landscaping regulations in the Treasure Coast Area. This section also provides for additional amendment to the minimum height of palm trees; the ability to group trees in order to achieve the minimum crown spread; the ability to use more than 50% palm plantings on Hutchinson Island if it is demonstrated to the satisfaction of the Community Development Director that the intent of this code is being complied with and that other species will not survive in high salt exposure areas; the minimum height of all required shrubs has been increased to thirty (30) inches on 18 inch planting centers; and all required landscaping shall be 100% native species to this region of Florida. The tree height and 100% native requirement are proposed to have a phased effective period in order to allow for adequate local plant stocks to be grown and made available. · In addition, the section strengthen the requirements for the use of existing native vegetation in the development of any required on-site landscape plan. Section 7.09.04 General Landscaping Requirements · This section has been amended to strength and clarify the general landscape and design standards for the County. These standards are patterned after recent amendments to the Codes in the City of Port St. Lucie. · Paragraph J of this section establishes new minimum landscape standards applicable to certain types of agricultural production use and activities. It should be noted that these regulations do not apply to crop fields or to out buildings unless that are used for the production of animals. · Paragraph K provides for the establishment of minimum site lighting and shielding requirements '-' '...I January 28, 1998 Page 8 Subject: Draft Ordinance 99-001 where commercial uses are adjacent other residential and use. On October 15, 1998, the Local Planning AgencylPlanning and Zoning Commission held a public hearing on Draft Ordinance 99-001. After that hearing, the LP A voted to recommended that the Board approve draft Ordinance 99-001, as amended and to defer any action on certain Sections of the original draft. Those Sections have been removed from the current draft of Ordinance 99-001 and will be scheduled for Board review at a latter date. Staff recommends that the Board approve draft Ordinance 99-001. If you have any questions, please let me know. SUBMITTED RW/DJM/ 0R9902m3(disk 8) cc: County Administrator Ass!. County Administrator County Attorney Planning Manager .'--" ......" 1 ORDINANCE NO. 99-001 2 3 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND 4 DEVELOPMENT CODE BY AMENDING SECTION 2.00.00, DEFINITIONS, 5 TO PROVIDE FOR AMENDMENT TO THE DEFINITIO OF 6 HOTEUMOTEL AND OPEN SPACE; AND BY C T NEW 7 DEFINITIONS FOR COMMON OPEN SPACE, MPO DINGS 8 OR STRUCTURE AND TRANSIENT LO G BY 9 AMENDING SECTION 3.01.03(E), AG L TU :rIAL 10 ZONING DISTRICT TO PROVIDE FOR A RIFI 11 HOMES AS AN ACCESSORY USE; BY 12 HUTCHINSON ISLAND BUILDING 13 EXCEPTIONS, TO PROVIDE FOR 14 PERTAINING TO VESTED SITE PLANS 15 TOWERS; BY AMENDING SECTIO 16 RESTRICTIONS, REGULATIONS 17 PERMIT TO CLARIFY THOSE A 18 PROHIBITED; BY AMENDING " TI 19 INCIDENTAL TO DEVELOP NT A 20 CLARIFICATION ON C RUC N 0 21 ASSOCIATED WITH AY NST 22 AMENDING SECTIO .01.0 LAN 23 PERMITTED US PRO 24 AL ED; NDIN 25 ME ARD REQUIREMENTS, BY REDUCING 26 UM IZE REQUIRED FOR A PLANNED UNIT 27 T, YING THE ABILITY TO VARY FROM 28 H STANDARDS WITHIN A PLANNED UNIT 29 BY RIFYING STANDARDS GOVERNING OPEN 30 NNED UNIT DEVELOPMENT; BY AMENDING 31 ANNED NON-RESIDENTIAL DEVELOPMENT, 32 , TO PROVIDE FOR CLARIFICATION OF USES 33 LUDING TELECOMMUNICATIONS TOWERS; BY 34 SECTION 7.02.03, PLANNED NON-RESIDENTIAL 35 NT , STANDARDS AND REQUIREMENTS, BY CLARIFYING 36 UIREMENTS FOR DETERMINATION OF MINIMUM SITE ---------~~dT~i;f~ãd~doo--------- Ct.riJte Thre1:i!Jh is for deletion Ð01!!b'IDe:@underline'¡¡¡~i¡lìi~,J!f,!~;¡¡¡..JI!ø.~ is change from 01/016/98 Bee meeting Ordinance #99-001d Draft #4 Page 1 PRINT DATE: 01/29/98 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 '--' ....."I DIMENSIONAL REQUIREMENTS, BY CLARIFYING THE ABILITY TO VARY FROM MINIMUM RIGHT-OF-WAY WITH STANDARDS WITHIN A PLANNED NON-RESIDENTIAL DEVELOPMENT AND BY CLARIFYING STANDARDS GOVERNING OPEN SPACE WITHIN A PLANNED NON- RESIDENTIAL DEVELOPMENT; BY AMENDING SECTION 7 .02, PLANNED MIXED USE DEVELOPMENT, PERMITT ~ US AND LOCATIONS TO PROVIDE FOR CLARIFICA TI N OF OWED; BY AMENDING SECTION 7.03.03, P. NE USE DEVELOPMENT, STANDARDS AND REQU ENT YING THE REQUIREMENTS FOR DETERMI ION 0 TE DIMENSIONAL REQUIREMENTS, BY C F I VARY FROM MINIMUM RIGHT-OF-WAY PLANNED MIXED USE DEVELOPME STANDARDS GOVERNING OPEN SPAC USE DEVELOPMENT; BY AMEN TRANSPORTATION SYSTEMS, STRE LANGUAGE WITH REGARD TO METROPOLITAN PLANNING SIGNAGE STANDARDS; B NAMING AND NUMBERING PROVIDING CLARIFIC NAMING; BY AMEN AND LOADING, BY SE ION REQU YC E·B , , GT AN 510 OR WHEN OFF-STREET PARKING IS RE OFF-STREET PARKING IS PROHIBITED; BY .09.00 LANDSCAPING AND SCREENING, TO RIES OF GENERAL AMENDMENTS REQUIRING ENT OR UPDATIN-G OF ALL EXISTING LANDSCAPING GE IN USE OR NEW ZONING COMPLIANCE, BY HE REQUIREMENTS FOR MAINTENANCE OF PLANTED ING AND PROVIDING PENALTIES, BY AMENDING THE L STANDARDS FOR PLANT MATERIALS, BY AMENDING ---------~~dT~iãf~ad~tioo--------- Ðtri][Ð TarSti!!R is for deletion [!OUhibeÆiundé!tl.!íJiin,,;~¡¡¡¡fIIIIIL~" is change from 01/016/98 Bee meeting ordinance #99-001d Draft #4 Page 2 PRINT DATE: 01/29/98 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 "-' \.."./ SECTION 7.09.04 CLARIFYING THE REQUIREMENTS FOR LANDSCAPING ADJACENT TO A PUBLIC OR PRIVATE STREET RIGHT- OF-WAY, ABUTTING PROPERTIES PARKING AND INTERIOR LANDSCAPE AREAS, BUFFER REQUIREMENTS BETWEEN NON- RESIDENTIAL AND RESIDENTIAL USES, OFF-STREET PARKIN ND LOADING AREAS AND BY CREATING NEW G ONS GOVERNING ON-SITE LIGHTING STANDARD AND E AND SCREENING STANDARDS APPLICABLE TO TAl TURAL USE AND ACTIVITIES; BY PROVIDING FO FLlC SION, BY PROVIDING FOR SEVERABILITY, PRO ING FO PROVIDING FOR FILING WITH THE PA PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners the following determination: 1. On August 1, 1990, the Bo County, Florida, adopt Code. ers of St. Lucie and Development 2. rs has adopted certain Land Development Code, 91-09 - 92-17 - 93-03 - 93-06 - 94-07 - 94-21 - 96-10 - 97-09 - 98-19 - 9x-xx - May 14,1991 June 2, 1992 February 16, 1993 May 25, 1993 June 22, 1994 August 16, 1994 August 6, 1996 October 7, 1997 October 6, 1998 xxxxxxxxx xx, 19xx tober 15, 1998, the Local Planning Agency! Planning and Ing Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at ---------~~clTMisf~ãd~tioo--------- SEl!'iJte TRI!'81i!!!,R is for deletion D¢tUb';l¡ellll!TJî11ie1:!'l.1iiJnel¡~I'_I8~I_t¥,.~t\~ is change from 01/016/98 Bee meeting Ordinance #99-001d Draft #4 Page 3 PRINT DATE: 01/29/98 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 ~ .....,.¡ least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 4. On January 5, 1999, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearin the Port St. Lucie News and the Tribune on Decembe , and continued this first public hearing until January 19 5. On January 19, 1999, this Board reco the proposed ordinance and accept and testimony. 6. On February 2, 1999, this Board hel the proposed ordinance, after publis the Port St. Lucie News and the Tri 7. The proposed amendmen Development Code are c objectives and standard and is in the best inter citizens of St. Luci ounty Land purpose, goals, mprehensive Plan public welfare ofthe oard of County Commissioners of St. NT THE ST. LUCIE COUNTY CODE AND COMPILED S, INCLUDE: *************************** CHAPTER II DEFINITIONS ---------~~rlIMiãf~ãd~tioo--------- ÐEFiJEe Tare\:l!!JR is for deletion DOUbi1felllllJ:Inde1!!1!din_."ii.~.~.~ is change from 01./01.6/98 Bee meeting Ordinance #99-001.d Draft #4 Page 4 PRINT DATE: 01./29/98 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 ~ "wi 2.00.00 DEFINITIONS When used in this Code, the following terms shall have the meanings herein ascribed to them. HOTEUMOTEL: A building in which lodging is provided or offered to the public for compensation occupancies of less than four (4) weeks.. occu ancies of less than four 4 weeks e share facilities and tourist courts. CHAPTER III ZONING DISTRICTS ---------~~rlIMiãf~ad~tioo--------- Gt:ril£e Tarel:!!R is for deletion mom1rè¡¡lJJnde!t1i1liJi¡n..iia_~~a.~ is change from 01/016/98 BCC meeting Ordinance #99-001d Draft #4 Page 5 PRINT DATE: 01/29/98 r 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 '....... ....., 3.01.00 ZONING DISTRICT USE REGULATIONS 3.01.03 ZONING DISTRICTS E. AR-1 AGRICULTURAL. RESIDENTIAL - 1 Paragraphs 1 through 6 - no change 7. Accessory Uses Accessory uses are subject to the requirements of S a. b. c. d. d:- e. ILDING HEIGHT OVERLAY 4.01.05 A. ursuant rs/sirens erected by or for a duly authorized public safety activity. ne, cable tv/radio or similar communications transmission poles. and/or traffic control/surveillance devices. ---------~~rlIMiBf~~d~tiõñ-------- Ðtri]te Tareli!!a is for deletion ÐOuba:eiliørf(iê)i!la:\\i.t1êi.~ì¡_t~ is change from 01/016/98 BCC meeting ordinance #99-001d Draft #4 Page 6 PRINT DATE: 01/29/98 .. 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 w' ......" E. 9. F. Roads or Bridges. CHAPTE RESOURCE PROTECTI 6.06.00 MINING 6.06.01 RESTRICTIONS, REGULATIONS, A A. It shall be illegal to excavate or mine, as without first obtaining a mining permit roperty in St. Lucie County mpted in Section 11.05.11. B. All mining operations conducted of this Code shall be subject t in accordance with the provisions gulations, and conditions: ed in the following environmentally sensitive areas: al wetland as delineated in Section 373.421(1), Florida (50) feet of any jurisdictional wetland except that mining may in an i lated jurisdictional wetland that has been determined by the South Management District for thé purpose of establishing wetland quality or" or fair", and is ent!rely surrounded by uplands, if and to the ext~nt~ Alteration of such wetland is permitted iñ accordance with Section 6.02.03 of this Code. Mining activities have received appropriate environmental resource permits issued in accordance with Part IV (Management and Storage of Surface Waters) of Chapter 373 (Water Resources). Florida Statues, and; ---------~~clTMiãf~ãd~tioo--------- OëE"i (e TftE"e1*!Jft is for deletion DG11I:Iarell11l1Jt1demd.l11e._1i'.I__"~ is change from 01/016/98 Bee meeting Ordinance #99-001d Draft #4 Page 7 PRINT DATE: 01/29/98 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 '-" .....,; 3.) All wetland mitigation shall be on-site or at a mitigation site approved by St. Lucie County, except that no wetland littoral zone constructed in accord with requirements of Section 6.06.03 of this code may be counted towards this required mitigation. b. Savannahs State Reserve and the Reserve: (see Fiqure 6-xx), c. North Indrio/Savannas and e:-d. Atlantic Coastal Ridge; d:g Within e:- f. 6.06.02 EXTRACTION INCID A. the development an approved site plan, an ent that has received preliminary approval, or plication for Development Approval has been B. ter m agement system for a site plan approved project shall be exempt ection 6.06.01(B){1), Dimensional Requirements, provided that all rizations for that development have been issued by St. Lucie County and anagement District. ---------ü~eclIMiãf~ãd~tioo--------- Gtri][e Tfirsti!!ft is for deletion DøUb1lre\W,undem¡d¡1IU;!~.~;;;;._..m,~ is change from 01/016/98 Bee meeting Ordinance #99-001d Draft #4 Page 8 PRINT DATE: 01/29/98 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 '-' "-tI applicable construction authorizations for that development have been issued bv the South Florida Water Manaqement District. ******************************** CHAPTER VII DEVELOPMENT DESIGN AN STANDAR 7.01.00 PLANNED UNIT DEVELOPMENT 7.01.02 r~RMITTED AUTHORIZED USES A. PERMITTED USES Any tI5e permitted conditional or acces Agricultural-5 (AG-5); Residential/Co Agricultural-5 (AG-5); Residential/ Estate-2 (RE-2); Residential, Residential, Single-Family-4 ( 5 (RMH-5); Residential, Mull' Multiple-Family-11 (RM-11 may ermitted in a re . densiti -1); Agricultural-2.5 (AG-2.5); G-1); Agricultural-2.5 (AG-2.5); ai, Estate-1 (RE~1); Residential, esidential, Single-Family-3 (RS-3); mily-5 (RM-5); Residential, Mobile Home- -7); Res' tial, Multiple-Family-9 (RM-9); Residential, amily-15 (RM-15) zoning districts of this Code rict fer a variety of subiect to complvina with the . Uses eftRe type3 permitted iR tRe Cemmereial, B. STANDARDS AND REQUIREMENTS -------------------------------- Underline is for addition OtFi]Ee TRFe~!JR is for deletion DöUb1!ef¡jijUnde'rJ¡d41el!~.æillii'~~!!i~;;!.J_.I~ is change from 01/016/98 BCC meeting Ordinance #99-001d Draft #4 Page 9 PRINT DATE: 01/29/98 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 '-' -..I Standards and requirements for a Planned Unit Development shall be as follows: A. MINIMUM SIZE A Planned Unit Development shall be a minimum of tcn (10) five (5) contiguous acres of land under common ownership or control. Paragraphs B through D - No E. TRAFFIC AND PEDESTRIAN CIRCULATION Paragraphs 1 through 4 - 5. I. 1. above ground utilities.. e 8 minimum of 15 percent of any the property, III II1II be preserved in its For each acre of abitat above the requirëd minimum 15 percent that is preserved in its , credit shalLbe given at a rate of 150 percent per acre towards the remaining en space requirement. ---------~~rtI~i;f~~d~tioo--------- Ðeri][e TkrstI!! k is for deletion Ðö~1~Æ»nde~a~e~il~lIr~ is change from 01/016/98 Bee meeting Ordinance #99-001d Draft #4 Page 10 PRINT DATE: 01/29/98 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 ~ '-" open space requirement Doo~:iâC'ä;;,tftæ:;tftCftê;::ì3,;;Eið;;licmaif"jifl,~;,, ftati.vC;;ã~laßfJ;"/;\aëItatLon,,,tlåê prÔi6et;3itê'sût!jiêèt~tij:!t ¡jel'êeGi!Jìifemêi"tI*tfiTâti;d::6,g(o%Ô1j;â'r;¡V;ê~ìstil"lq~âtiVë!ffiât!jitati!Oß;tffie;~ro~êFt~ ., ,."........ ",."..."" . 8S to thc availability of 8nel!}rðvisioR of suelå O!}CfI s!}aec, wlåielå may eOfl3ist of: As part of the Final Planned Unit Development submission process. the developer or petitioner for the Planned Unit Development shall provide for one of the followinq: a. b. 2. r common open space shall hall be physically part of the 3. OpCR spacc _. pr protection requirem cORsielcrceI as ma requirement J through K - No Change N-RESIDENTIAL DEVELOPMENT uidelines shall be used in determining the permitted use possibilities in any Planned g Development: ---------~~dTMisf~ad~doo--------- Dt:ri]te Tareti!fa is for deletion a~è1%iundèr!1J.il'ttS~\\i'~._'.I,; is change from 01/016/98 BCC meeting Ordinance #99-001d Draft #4 Page 11 PRINT DATE: 01/29/98 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 '-' ......,I A. For properties located in any Residential or Agricultural classified land use area: Any permitted, conditional or accessory use, including any standards, conditions and requirements for those uses, as identified in the Commercial, Neighborhood (CN); Commercial, Office (CO); Institutional (I) Zoning Districts, and in the Agricultural land use classified areas only, any non-residential permitted or accessory use identified in the Agriculture-1 (AG-1), Agr" ural-2.5 (AG- 2.5), or Agricultural-5 (AG-5) zoning districts of this Code. Telecommu ation t s must com I with the requirements of Section 7.10.23. The general standards, conditions and requirements, as and accessory uses shall be used in the determination the surrounding land uses in the review of the Planne for Planned Nonresidential Development shall inclu and activities. B. For properties located in any Commercial or Industria Any permitted, conditional or accessory use, includl for those uses, as identified in the Commerci Commercial, General (CG); Industrial Light zoning districts, and any non-residential (AG-1), Agricultural-2.5 (AG-2.5), Telecommunication towers must co ditions and requirements mercial, Office (CO); (U) and (I) Institutional ntified in the Agriculture-1 ing districts of this Code. ection 7.10.23. The general standards, conditi and accessory uses shall be the surrounding land uses i for Planned Nonreside 'al and . ities. nd in this Code, that pertain to conditional e compatibility of the proposed use( s) with onresidential Development. All applications a complete identification of all planned uses 7.02.03 on-Residential Development shall be as follows: Paragraph A -- No Changes UIREMENTS sional requirements shall be in accordance with Table 7.10 in Section 7.04.01, ever, that the Board of County Commissioners may condition approval of a Planned élential Development upon compliance with more stringent or restrictive dimensional ---------~~clIMisf~ãd~tioo--------- ¡:¡t:ri]Ee Tftrel:t!R is for deletion møubifE!lIilitJnde:mlù.'t1E!I1i!l&~¡II~~,~IL~1 is change from 01/016/98 Bee meeting Ordinance #99-001d Draft #4 Page 12 PRINT DATE: 01/29/98 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 y ~ ....., requirements in order to ensure compatibility with surrounding land uses, to mitigate impact on the environment and natural resources, to ensure public safety and to ensure compliance with the St. Lucie County Comprehensive Plan; and, any structure on North or South Hutchinson Island that has not been occupied, constructed, or has not received a building permit, site plan or other County development approval a ermitted use prior to January 10, 1995, the requirements of Section 4.01.00, Hutchi uilding Height Overlay Zone shall apply. D. TRAFFIC AND PEDESTRIAN CIRCULATION Paragraph 1 through 3 -- 4. through G - No Changes H. jects of less than ten (10) acres, a minimum of twenty (20) percent of and to be committed to a Planned Non-Residential Development must be mmon 0 en s ace which ma include parks, recreation areas, bicycle and aths and facilities marinas, swimming beaches, common open space. common or planting areas. or other areas of public purposes other than street or road -way, utility easements. excludina exclusive stormwater treatment facilities, and ng areas. ---------~~rt~~i;f~ad~tioo--------- Ðtri][e TftrS1:i!j'ft is for deletion Doun~e~undeæ&Ette~~~ is change from 01/016/98 BCC meeting Ordinance #99-001d Draft #4 Page 13 PRINT DATE: 01/29/98 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 . '-' ...",.I For development projects of ten (10) acres or more, a minimum of thirty-five (35) percent of the gross area of land to be committed to a Planned Non-Residential Development must be for use as common open space. which may include parks, recreation areas, bicycle and pedestrian paths and facilities. marinas, swimming beaches, common open space, common landscapinq or planting areas. or other areas of public purposes other than street or road rights-of-way, utility easements excludin exclusive stormwater tre.ent facilities, and parking areas. At the request of the developer, and subject Commissioners, use of recreational facilities ---------~~rlT~iãf~ad~ti~--------- £triJEe TarSIi!;!R is for deletion 130Ul:>1!e¡@unde.>Œ.'!1e;....1f.~.&~._ is change from 01/016/98 Bee meeting Ordinance #99-001d Draft #4 Page 14 PRINT DATE: 01/29/98 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 - '-' towtI 2. ~Èê'as rovided øìlífesEf';,œ to meet an other environmental _reservation or protection reQuirements of this code or other lawful reQulatorv authority mav be counted towards the overall !lmm~1it open space reQuirement 1¡¡¡GF£im(!Jê~líJt ¡fã.Iìf_IÌilm'(¡j_lD~i søãß'êjfmee~Sll'rél!eàlim_1t"t_lœ"~.e. 2:-3. All land dedicated for .... open space shall Planned Non-Residential Development. Paragraph I through J -- 7.03.00 PLANNED MIXED USE 7.03.02 PERMITTED USES AND LO Policy 1.1.6.4 of the 81. Lucie County Com Mixed Use Development (MXD) future la is permitted only within the MXD futu by intensity as specified below. Co specified in Table 7.1, Compa Intensity plan for each area with a Mixed Use Development (PMUD) zoning ithin the PMUD zoning designation vary ent of different uses shall be limited as sification & A verage Daily Trips. A. e Residential, Multiple-Family-5 (RM-5); Residential, Mobile e-Family-7 (RM-7); Residential, Multiple-Family-9 (RM-9); -11); Residential, Multiple-Family-15; (RM-15) Commercial, mercl ,Office (CO); Commercial, General (CG); Industrial, Light (IL); U); Institutional (I); or HIRD zoning districts of this Code, any accessory D, and any conditional use specified in the final PMUD, subject to the .07.00 and anv other special reQuiremenfas set forth in this Code. may ea designated High Intensity Mixed Use Development to the extent consistent Use designations of the 81. Lucie County Comprehensive Plan. ed, use as identified in the Residential, Multiple-Family-5 (RM-5); Residential, Mobile ---------~~rlTMi;f~ãd~tioo--------- &tri][8 Thr8\i~h is for deletion D(¡)Ubaie_ndJ!~_I!Ì.;1'f~~1 is change from 01/016/98 BCC meeting Ordinance #99-001d Draft #4 Page 15 PRINT DATE: 01/29/98 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 - '-' .."",; Home-5 (RMH-5); Residential, Multiple-Fami/y-7 (RM-7); Residential, Multiple-Family-9 (RM-9); Commercial, Neighborhood (CN); Commercial, Office (CO); Commercial, General (CG); Industrial, Light (Il); Industrial, Heavy (IH); Utility (U); Institutional (I); or HIRD zoning districts of this Code, any accessory use specified in the final PMUD, and any conditional use specified in the final PMUD, subject to the requirements of Section 11.07.00 and any other special requirement as set forth in this Code may be permitted in an area designated Medium Intensity Mixed Use Develop t to the extent consistent with the future land Use designations of the St. Lucie Coun sive Plan. C. low Intensity Any permitted use as identified in the Residential, E Residential, Single-Family-2 (RS-2); Residential, Sing (RS-4); Residential, Multiple-Family-5 (RM-5); Resi Multiple-Family-5 (RM-5); Commercial, Neighborhoo General (CG); Industrial, Light (Il); or HIRD zoni specified in the final PMUD, and any conditional us requirements of Section 11.07.00 and an other s e be permitted in an area designated low Intensity ed Use with the future land Use designations of the S ounty 7.03.03 Standards and requirements for a PI nt shall be as follows: E. riteria - The following criteria shall be used in planning for traffic Paragraph a-through h - no change reets in a Planned Mixed Use Development may be dedicated to public use or retained under private ownership. Said streets and associated improvements shall comply with Chapter 13, Building Regulations and Public Works Construction, of the St. Lucie County land Development Regulations. Variations to the standard ---------~~dTMiãf~ãd~tioo--------- £1õriJEe TRreli~R is for deletion Döí1b:1fecrtunde¡r\1FJÌil1ê'.__;#8IÎ1!l¥.f. is change from 01/016/98 BCC meeting Ordinance #99-001d Draft #4 Page 16 PRINT DATE: 01/29/98 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 - "" ....." minimum riqht-of-way widths may be considered as part of the Planned Mixed Use Development if it is shown to the satisfaction of the Board of County Commissioners, that the requested variation is consistent with the intent of the County's roadwaY- construction standards and necessarv for the desiqn of the Planned Mixed Use Development. Paragraph j through 0 - no change Paragraph F through J - no c K. OPEN SPACE AND LANDSCAPING STANDARDS 1. A minimum of thirty-five (35) percent of th Planned Mixed Use Development must be include:. parks, recreation areas, bic cle swimming beaches, common open space, c areas of public purposes other than street utilities excludin exclusive stormwater of 15 percent of any be preserved in its For each acre of 5 percent that is preserved in its percent per acre towards the remaining 2. A phased conveyance of the land to be used for common open space to a public or ---------~~rlI~i;f~ad~tioo--------- £triJœ Tkreti!!fk is for deletion ÐGUbt'l!e¡~1iJ!:[de't!i1fi.i;,ne"~IBiIIIf._ is change from 01/016/98 BCC meeting Ordinance #99-001d Draft #4 Page 17 PRINT DATE: 01/29/98 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 - v ....", acceptable private aoency that will. upon acceptance. aqree to maintain the common open space and any buildinos. structures or improvements that have been placed on it. The schedule for the phased conveyance of any such lands to be used for common open space shall be a specific condition of approval for the Planned Unit Development. No such parcel of land dedicated or conveyed for common open (1) contiguous acre, and all such areas shall be physically p Development. mecting tRi3 epcfI 3fJBCC ree¡uirefl"lcflt. 3. 3~ Landscaping for off-street parking and requirements of 7.09.00. meet the 4..§. For Planned Mixed Use Developme space provided in an individual percent if the approved plan required open space, and t or phases, the net open he required thirty-five (35) evelopment provides for the en space will be provided. 7.05.02 A. Paragraph 1 through 9 - No Change struction for any arterial and major collector street or roadway within the Urban rea shall be provided with sidewalks and bicycle paths along one or both sides, as ined by the County Engineer. The County Enaineer shall consult the St. Lucie ro olitan Plannin Or anization Bic cle and Pedestrian Plan Se tember 1995 in determininQ the location of any sidewalks and bicycle path facilities. ---------~~rlIMiãf~ã~1tioo--------- ÐEFiJEe TftFSU!ft is for deletion 1i)öUl!!\be'k1iI1ndèj$j ¡¡æl1è!.~! is change from 01/016/98 Bce meeting Ordinance #99-001d Draft #4 Page 18 PRINT DATE: 01/29/98 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 - '-" ....." Paragraph 11 through 12 - No Change 13. All arterialL 8ftd collector and local streets or roadways, public or private, streets er roadways shall be marked and signed in accordance with Florida Department of Transportation standards. ************************* 7.05.08 STREET NAMING AND IDENTIFICATION Paragraph A through G- H. AUTHORITY FOR NAMING AND NUMBERING S 1. ith the provisions of this or. The Ceul9ty [l9giReer hority to rename duplicate or mply with the provisions of this Ing names where one (1) or more retain the name, the Ceul9ty [RgiRcer such factors as the historical significance held that name, and the relationship name the stree opers of a subdivision may participate in the naming roviding suggestions for street names to the CeuFlty [RgiFlcer . ector. Interested individuals should submit three (3) names with nd choice listed second, and third choice listed last. The Develo ment Director shall assign the name after considering verifying compliance with the provisions of this section. I. r numbered streets shall be identified with a street sign as prescribed in the Traffic Control Devices, U.S. Department of Transportation, Federal Highway 8 Edition, and subsequent revision of this manual. No one other than St. Lucie ida Department of Transportation, or any officially authorized party may erect or eet identification sign within any public road right-of-way that does not conform to the nts of this section. The Public Works AdmiFlistl'8tor Director is authorized to remove any ---------~~rlIMiãf~~d~tioo--------- Ðtri]te Tkreti! 'k is for deletion DOUbJlreWlmnde__eilBlf~...". is change from 01/016/98 Bee meeting Ordinance #99-001d Draft #4 Page 19 PRINT DATE: 01/29/98 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 ~ '-' ~ nonconforming street identification sign. Paragraph J - No Change ******************************** 7.06.00 OFF-STREET PARKING AND 7.06.01 GENERALLY A. PURPOSE The requirements of this Section are intended to insur: or instituted, except for bona-fide agricultural uses a street parking facilities for the use of Occupants uses be provided with adequate off-street loa streets and promoting the safety and welt ing, structure, or use erected rovided with adequate off- trons, and that certain congestion to the public B. EXISTING STRUCTURCS AND US Buildings or structures existing repaired without providing a increase in floor area or ca ---------~~clTMi;f~ãd~tioo--------- Ðtri)[e 'Fà.reli~h is for deletion DOuJ¡¡\i¡eJ%Undetr&'iÍine..'BìIl;IiII..__1 is change from 01/016/98 BCC meeting Ordinance #99-001d Draft #4 Page 20 PRINT DATE: 01/29/98 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 - v ......, center or similar multi-user buildinQ or structure crovided that no additional carkinQ is reauired bv the procosed chanae in use. C. EXPANSION OF STRUCTURE The proposed expansion in floor area, volume, capacity, or space occupied of any on or before July 1, 1984, shall result in the compliance with all off- re requirements contained in this Code shall be complied with for both e cture existing g and loading ew structures. D. CI lANCe IN use ff-street loadin areas In effective date of this e uirements of the St. Lucie E. NONCONFORMING USES When repairs and alterations street parking requirement alterations exceed fiftY. 0 occupied by a nonconforming use, all off- be complied with if the cost of repairs and alue of the building and structures. A. all be provided for the uses described in Table 7-20. ---------~~~Iœisf~ãd~tioo--------- Ðl!l!'iJEe 'rlu;St:I!!'B. is for deletion DGUb'1iellli!undè_t'Ðe~~l~~ is change from 01/016/98 Bee meeting Ordinance #99-001d Draft #4 Page 21 PRINT DATE: 01/29/98 ~ - 'wi 1 2 3 4 (PartialonlY_Seel dTABLE 7-20 an Development C Ode for balance of table) 5 +.fM. 1.1 spaces for each guest room, plus 10 spaces per 1 000 square feet of flOOr area for' restaurants and lounge areas. 6 7 8 B. 9 10 1. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 j? 32 33 34 35 OFF-STREET PARKING REGULATIONS Design Standards a. The minimum size of a parking stall shall b standard: parallel handicapped 10 feet X 18 feet 8 feet X 23 fe 12 feet X 18 (CH 316.1 Figure 7-23) Two (2) feet of the re (2) feet is not inclu be in grass instead of pavement if that two dscape or separation area. the method of measurement identified in Figure designed with access aisles in accordance with the Table 7-21 Angle of parking (degrees) Two Way Aisle Width (feet) One Way 90 75 26 22 26 22 -- --:--~--fcñ--addItion --- d rlJ.ne J.9, , ------ Un e . for deletJ.on /98 BCC meetJ.ng . ft ~~ft J.9 01/016 &tn.lte T !os . is change from ---- Page 22 PRINT DATE: 01/29/98 #99-001d Ordinance Draft #4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ~2 32 33 34 35 1 2 3 4 (Partial only - See of table) 5 8. OFF-STREET PARKING REGULATIONS 1. Design· Standards a. The minimum size of a parking stall:>hall standard: parallel handicapped 10 feet X 18 8 feet X 2 12 feet X 1 (CH 316. in grass instead of pavement if that two pe or separation area. the method of measurement identified in Figure igned with access aisles in accordance with the Table 7-21 Angle of parking (degrees) Two Way 90 75 26 22 26 22 for is for deletion is change from 01/016/98 Bee meeting Ordinance#99-001d Draft #4 Page 22 PRINT DATE: 01/29/98 TABLE 1 2 3 4 5 6 7 c. 8 9 10 11 12 d. 13 14 15 16 17 e. 18 19 20 21 23 24 25 26 27 28 29 30 31 32 33 34 Anglø of parking (degrees) 60 45 30 curbs, or in a similar exit drives located in of adjoining property unpaved area shall be designed so that two-family and - No Change ehicle boat trailer or other vehicle in ragraph 2 through - No Change ******************************** -- -- - --------- from 01/016/98 BCC meeting Ordinance #99-001d Draft #4 Page 23 PRINT DATE: 01/29/98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 7.09.00 LANDSCAPING AND SCR.EENING 7.09.02 APPLICABILITY and subdi (including must comply operations retail sale of 7.09.03 GENERAL PROVISIONS A. REQUIREMENT FOR LANDSCAPING PLAN 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 the on the maintained in refuse and within fflftety . ofthis to the Code ---- 01/016/98 BCC meeting Ordinance #99~001d Draft #4 Page 24 PRINT DATE: 01/29/98 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 from acts E. PLANT MATERIALS 1. Quality Plant materials used in standards of Florida No.1 1 and "Grades and Agriculture and Consumer Development Director, or 2. Trees a. Trees of species other public works - ------ for change from 01/016/98 Bee meeting Ordinance #99-001d Draft #4 Page 25 PRINT DATE: 01/29/98 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' 3ª 36 37 38 39 40 41 42 roads or works, unless the tree root$yst~rniscol11pletely contained with a barrier for which the minimum dimensions shallþefive(§)f~~t square and five (5) feet deep, and for which the construction requiremenísshaU be four (4) inch thick concrete reinforced with number six (6) road mesh (6x6x6) or equivalent f. None of the following trees shall be used to meet the requiremen Melaleuca lellcadendra (Punk Tree) Casuarina spþ. (Austrålian Pine) Dalbergi¡¡¡sissoo (Rosewood) Albizz:ia lebþeck (Woman's Tounge) Bishofia javanica (Bishofla) Enterolobium cycocarpll!11 (gar tree) FicllS spp. (Non-Native FiCus) Sapiumsebifrum (Chinese Tallow T Melia azedarach (Chinaberry) and all non-native fh f#D.. to meet the requirements minimum number of species a mix of species is required, no to all other individual species. 11.20 2 21·30 3 31-40 4 41+ 5 --------- ------ -- for deletion is change from 01/016/98 BCC meeting Ordinance #99-001d Draft #4 Page 26 PRINT DATE: 01/29/98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 hh f.l No tree shall be power lines. larger planted no closer théma power line. Mediurrrtrees off-set at least 20 trees above grade so as solid visual screen be a minimum of twelve (12) inches in height immediately after planting and may d in conjunction with fences, screens, or walls to meet physical barrier requirements. - ------- from 01/016/98 BCC meeting ordinance #99-001d Draft #4 Page 27 PRINT DATE: 01/29/98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 5. Ground Covers Ground covers, other than gras:$,shallb~plant~qirrsucha manner as to present a finished appearance and reasonably complete coverage within nine (9) four (4) months after planting. 6. Lawn Grass Grass County. shall be protective measures shall be 7. Native Vegetation If the proposed landsCaP~ plantings will be required if Director shall deter tation, no additional Develo ment stheintent of this Code. 8. Synthetic Lawns Synthetic or a ofthe plant requirements in this Code. covers, or vines shall not 7.09.04 ADJACENT TO PUBLIC OR PRIVATE STREET OR ROAD --------- 01/016/98 BCC meeting Ordinance #99-001d Draft #4 Page 28 PRINT DATE: 01/29/98 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 The areabetyJeen-wfteft any buildinç ,off-street parkimrareaor other vehicular use area 'Nill not be entirely .s.creened by an inter....ening. buìldingOLstructureJrom an abutting a street or road right-of-way, the Brea shall be designed and landscaped as follows: 1, A strip of land at least fifteen (15}feetindepth shell be Jocated between the abutting street or road right-of-wayand-tlìeanv.off-streetparkingareaWffleft and. shall ndscaped to include one (1) tree for each thirty (30) linear feet of abuttin major fraction thereof, In addition, a hedge, interior perimeter 2. All prqPertylyingbetween the etI'tef outsidethatTthe other ground cover. 3, 4. Noncontinuous landscap a continuous hedge maintained. Maximu NDSCAPING RELATING TO ABUTTING PROPERTIES --------- Ordinance #99-001d Draft #4 Page 29 PRINT DATE: 01/29/98 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 c, 29 30 31 32 33 34 35 36 37 38 39 - 40 41 42 43 44 1, When an off-street parking area an intervening building or screened shall be provided Such landscaped buffer landscape barrier not less than six planting to form a use area and common lot will not be entirely screened by that portion of such area not less than ten (10) feet in width. a hedge or other durable onel1 ) year after er vehicular between the A six (6) foot 2. In addition, one (1) tree shan be providedf thereof of such landscape barrier. 3. Noncontinuous landscaped ea.rthenberms a continuous hedge provided thatthe 19t maintained. Maximum slope ratios for¡;dl (t) square foot of thereof of off-street contain a minimum leastten (10) landscaped to exceed three (3) use areas are in -- ----- from 01/016/98 BCC meeting ---------- Ordinance #99-001d Draft #4 Page 30 PRINT DATE: 01/29/98 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 27 28 29 30 31 32 33 34 35 36 37 38 39 ' 40 41 42 43 44 2. Vehicle Encroachments into Landscaped The front of a vehicle may of the required depth of each in extra grass or ground cover area. Two (2) feet area may be planted stop is provided. 3. Terminal Landscape Islands 4. Interior Landscape Areas No more than fifteen (15) parking spaces interrupted by a minimum landscape single row of parking or four hundred landscaped area shalt have a minimu 5. Curbing All terminal landscaped continuous raised, non of St. Lucie County as ~ha\l be surrounded with a Specifications for public works 6. Off-Street may be used to landscaping. of five eight (8) feet in thirty Unear feet of areas shalt be of St. Lucie County DSCAPING ADJACENT TO THE PUBLIC R~GHTS-.OF-WA Y AND POINTS OF intersects two (2) or more below shalt provide subject property abuts the within the triangular areas three (3) feet and six -- ------ 01/016/98 BCC meeting Ordinance #99-001d Draft #4 Page 31 PRINT DATE: 01/29/98 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 (6) feet, provided. however, trees or palms having limbs and fQH¡age trimmed in such a manner that no limbs or foliage extend into the cross-vislbiHtyareashall be ¡allowed provided they are so located so ¡as not to create a traffic haz¡ard. L¡andscaping,e.xc(¡}ptrequiredgr¡ass or ground cover, shall not be located closer than three (3) feet from the edge ofany¡accessw¡ay pavement. The triangular areas referred to above are: 1. The are¡as of property on of the accessway¡and the fifteen (15) feet in length connecting the énds of the two (2) of each side triangle being e being a line 2. The area of property IQcated ¡at the corner rights-of...way with two (2) ¡abutting public right-of"'w¡ay Hnes, meaSuf being a line connecting the ends of the oth E. LANDSCAPED BUFFER AREAS BElWEENN Buffer areas between non..residential ¡and landscaped berm, or height that forms a c for each thi 30 linear buffcr area. F. AND WASTE RECEPTACLES ces and waste r~peptaçle$sh¡allbefully'Screened from any residentiaruse solid visual and auditQry'barrler of not less than six (6) feet in height, or a ape screen consisting Qfevergreen shrubs Qr trees that shall be at least four planted and that can beexpE1)ctedtQIeachat least six (6) feet in height within years. Thespreening shall extendthefI.Jn length of any loading facility with openings for ingress and egress; however, there shan notbe greater than twenty (20) percent open -------- ---------- for deletion is change from 01/016/98 BCC meeting Ordinance #99-001d Draft #4 Page 32 PRINT DATE: 01/29/98 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 space within the screen. G. EXISTING OFF-STREET PARKING AND LOADING LOTS 4-7 When an off-street parking such off-street parking lot is new, shall comply with this as of the effective date of this Code and the entire par both old and H. 1 . It shall be 2. Backftow preventers shall be 3. A continuous provide a of eighteen maintained within one (1) prevention device, to shall be a minimum ,and shall be planted and ,unbroken, solid visual screen I. LANDSCAPING REQUI UNITS OF THREE OR FEWER must preserve or land, up to a one acre in shall be shall meet the slash pine (Pinus and Drought-Tolerant ------- 01/016/98 Bee meeting ordinance #99-001d Draft #4 Page 33 PRINT DATE: 01/29/98 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 OR ORNAMENTAL PLANTS OR TREES IN A AGRICULTURAL ZONING DISTRICT. 1., ~ QJ K. RAL DESIGN STANDARDS erties with a de th in excess of 200 feet: --------- Ordinance #99-001d Draft #4 Page 34 PRINT DATE: 01/29/98 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 --------- 01/016/98 BCe meeting Ordinance #99-001d Draft #4 Page 35 PRINT DATE: 01/29/98 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 6. L. 8. &:1, Where the Community any Final spirit and intent of this configuration, he Section. Any area the alternate 1/2) times the ingby the applicant for Qat meet the general or other issues of th~provisions of this ÌI'lsllch a manner that al at least one and one half (1 areas of St. Lucie in conflict with this such conflict. ordinance is for any reason held o rdecl ared to be unconstitutional, Id, such holding shall not affecttheremaining portions of this ordinance. -------- - --------- from 01/016/98 BCC meeting Ordinance #99-001d Draft #4 Page 36 PRINT DATE: 01/29/98 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 If this ordinance or any provision thereofshalLbeheld to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St.Lu PART E. FILING WITH THE DEPARTMENT The Clerk be .8ndis hereby directed forthwith to the Bureau of Administrative Code and Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. Thi$ordinance shall take effect proposed amendments to shall not be effective until Ju except that the and 7.09.03(E)(3) xxx xxx mmissioner Cliff Barnes xxx Commissioner Doug Coward xxx ---------- is is change from 01/016/98 Bee meeting Ordinance #99-001d Draft #4 Page 37 PRINT DATE: 01/29/98 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 Commissioner Frannie Hutchinson xxx PART H. CODIFICATION. Provisions of this ordinance shall be incorporated Compiled Laws, and the word appropriate word, and the sections of this accomplish such intention; provided, PASSED AND DULY ENACTED this xxth ATTEST: DEPUTY CLERK FORM AND ---------- --------- from 01/016/98 BCC meeting is Ordinance #99-001d Draft #4 Page 38 PRINT DATE: 01/29/98 '-' ......." AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, FEBRUARY 2, 1999 7:00 P.M. Consider Draft Ordinance 99-001 (General Amendments to the St. Lucie County Land Development Code). 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 purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testiß;ing during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testiß;ing during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on January 21,1999. FILE NO. ORD-99-001 '-" NOTICE OF ESTABLlSHMEN OR CHANGE OF REGULATION AFFECTI,NG THE USE OF LAND The St. Lude County Board of County Commlnlonen propoltl to adopt the following OnUnance: ORDINANCE NO. 99-001 AN ORDINANCE AMENDING THE ST, LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 2.00.00, DEFINITIONS. TO PROVIDE FOR AMENDMENT TO THE DEFINITIONS OF HOTEUMOTEL AND OPEN SPACE; AND BY CREATING NEW DEFINITIONS FOR COMMON OPEN SPACE, TEMPORARY BUILDINGS OR STRUCTURE AND TRANSIENT LODGING FACILITIES: BY AMENDING SECTION 3.01.03(E). AGRICULTURAL RESIDENTIAL ZONING DISTRICT TO PROVIDE FOR A CLARIFICATION ON MOBILE HOMES AS AN ACCESSORY USE; BY AMENDING SECTION 4.01.05 HUTCHINSON ISLAND BUILDING HEIGHT OVERLAY ZONE, EXCEPTIONS, TO PROVIDE FOR ADDED CLARIFICATIONS PERTAINING TO VESTED SITE PLANS AND TELECOMMUNICATIONS TOWERS: BY AMENDING SECTION 6,06.01 (B) (II), MINING RESTRICTIONS. REGULATIONS AND CONDITIONS ON A MINING PERMIT TO CLARIFY THOSE AREAS WHERE MINING ACTlVrnES ARE PROHIBITED; BY AMENDING SECTION 6,06,02. MINING EXTRACTION INCIDENTAL TO DEVELOpMENT ACTIVrnES. TO PROVIDE FOR A CLARIFICATION ON CONSTRUCTION OF STORMWATER WORKS ASSOCIATED WITH ROADWAY CONSTRUCTION PROJECTS; BY AMEI'IDlNG SECTION 7,01.02. PLANNED UNIT DEVELOPMENT. PERMJTTED USES TO PROVIDE FOR CLARIFICATION OF USES ALLOWED; BY AMENDING SECTION 7.01.03. PLANNED UNIT DEVELOPMENT, STANDARDS AND REQUIREMENTS. BY REDUCING THE MINIMUM PARCEL SIZE REQUIRED FOR A PLANNED UNIT DEVELOPMENT. BY CLARIFYING THE ABIUTY ro VARY PROM MINIMUM RIGHT-OF-WAY WITH STANDARDS WITHIN A PLANNED UNIT DEVELOPMENT AND BY CLARIFYING STANDARDS GOVERNING OPEN SPACB WITHIN A PLANNED UNIT DEVELOPMENT: BY AMENDING SBCTlON7.02.02. PLANNED NON-RESIDENTIAL DEVELOPMENT. PBRMITTED· USBS. TO PROVIDB FOR CLARIFICATION OF USES ALLOWED INCLUDING TELECOMMUNICATIONS roWERS; BY AMENDING SECTION 7.02.03. PLANNED NON·RESIDENTIAL DEVELOPMBNT, STANDARDS AND REQUIREMENTS, BY CLARIFYING THE REQUIREMENTS FOR DETERMINATION OF MINIMUM SITE DIMENSIONAL REQUIREMENTS. BY CLARIFYING THB ABIUTY TO VARY PROM MINIMUM RlGHT-op,.WAYWITH STANDARDS WITHIN A PLANNED NON.RESIDENTIAL .DEVBLOPMBNT AND BY CLARIFYING STANDARDS GOVERNING OPEN SPACE WITHIN A PLANNED NON- RESIÐENTIAL DBVELOPMENT; BY AMENDING SECTION 7,03,02. PLANNED MIXED USE DBVELOPMENT. PERMITTED USES AND LOCATIONS ro PROVIDB FOR CLARIFICATION OF USES ALLOWED; BY AMENDING SECTION 7.03.03. PLANNBD MIXED USE DEVELOPMENT. STANDARDS AND REQUIREMENTS BY CLARIFYING THE RBQUIREMENTS FOR DETERMINATION OF MINIMUM SITE DIMENSIONAL REQUIREMENTS. BY CLARIFYING THE ABILrrv ro VARY PROM MINIMUM RIGHT-oF·WAY WITH STANDARDS WITHIN A PLANNED MIXED USE DEVELOPMENT AND BY CLARIFYING STANDARDS GOVBRNING OPEN SPACE WITHIN A PLANNED MIXED USE DEVELOPMBNT; BY AMBNDING SBCTION 7,05.02(A). TRANSPORTATION SYSTEMS. STREETS. BY PROVIDING CLARIFYING LANGUAGE WITH RBGARD TO THE PLANS OF THB ST, LUCIE METROPOUTAN PLANNING ORGANIZATION AND ROADWAY SIGNAGE STANDARDS; BY AMENDING SBCTlON 7.05.08. STREET NAMING AND NUMBBRING. BY PROVIDING FOR BICYCLE PATHS AND PROVIDING CLARIFlC::ATION FOR THE RESPONSIBILrrv OF STREET NAMING; BY AMENDING SECTION 7.06,00. OFF·STREET PARKING AND LOADING. BY PROVIDING GENERAL AMENDMENTS ro THIS SECTION REQUIRINGTHB RECONSTRUCTION OF PARKING LOTS WITH ANY CHANGB IN USB AFI'ER THE EPPECTIVE DATE' OF THIS ORDINANCE; BY AMENDING SECTION 7.06.02. OFF·STREET PARKING, BY AMENDING THB PARKING STANDARD FOR HOTEUMOTEL USES ro CORRECT AN INCORRECT NUMBER. BY AMENDING THB GENERAL PROVISIONS, FOR WHEN OFF·STREET PARKING IS REQUIRED AND WHERE OFF·STREET PARKING IS PROHIBITED; BY AMENDING SECTION 7,09,00 LANDSCAPING AND SCREENING. ro PROVIDE FOR A SERIES OF GENERAL AMENDMENTS REQUIRING THB REPLACEMENT OR UPDATING OF ALL EXISTING LANDSCAPING WITH A CHANGE IN ·USE OR NEW ZONING COMPLIANCE. BY ENHANCING THEi REQUIREMENTS FOR MAINTENANCB OF PLANTED LANDSCAPING AND PROVIDING PENALTIES. BY AMENDING THE GENERAL STANDARDS FOR PLANT MATERIALS. BY AMENDING SECTION 7.09.04 CLARIFYING THE REQUIREMENTS FOR LANDSCAPING ADJACENT TO A PUBLIC OR PRIVATE STREET RIGHT-oF·WAY. ABUTTING PROPERTIES PARKING AND INTERIOR LANDSCAPE AREAS. BUPPER REQUIREMENTS , BETWEEN NON-RESIDENTIAL AND RESIDENTIAL USES. OFF·STREET PARKING AND LOADING AREAS AND BY CREATING NEW REGULATIONS GOVERNING ON·SITE LIGHTING STANDARDS AND LANDSCAPB AND SCREENING STANDARDS APPLICABLE ro CERTAIN AGRICULTURAL USE AND ACTlVrnES; BY PROVIDING FOR CONFLICTING PROVISION. BY PROVIDING FOR SBVERABILITY. PROVIDING FOR APPlJCABIUTY. PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE. PROVIDING FOR AN EPPECTIVE DATE. PROVIDING FOR ADOPI10N AND PROVIDING FOR CODIFICATION, A PUlÌLlC HEARING on Otdlnance 99.001 will be held befcn the SL Lucie Counly Board of County Commlulonen on ~Y. Pebruory 2. 1999. il 7:00 P,M. or IS lOOn theteafter IS poulble. In the County Commllllon Chunben. 3n1 noo. of the Countk Admlnlltratlon Anne.. 2300 Vltalnl. Avenue, PI. Pierce. ~::Sd~':',·~I~~~=".':1n~J':':l~~'; :.~.::: comments received In advance or the public helrina will 1110 be heard. The purpo.e of 'hll public hearln8 II 10 .mend the SI, Lucie Counly Land Developmen' Code \0 ptOvlde for . seriea of aenenl amendments 10 the Code. Thbl. the second required public hearlna, Copiea of the proposed OIdI"",", .re .v.lI.ble Cot review In the offi.. of the Community Deve10pment DI_or. St. Lucie County Admlnl.traUon Bulldln" 2300 Vlralnl. Avenue. Ft, Ple",e. florid.. durin, re,ull' bu.lne," houn. Amendments to the proposed OIdlnance may be made a' the public hearln,. If any penon decides to appeal any decision made with reJpeçt to any mattei considered at the meetings or heartn.. of any board. committee.. commiuiona. agency. council or advisory ,roup. that penon will need feÇord of the proc:eedings and that. for such purpose may need to ensure that I '¥'erbattm record of the Proceedin8' Is made, which reconIlhould Include the ,eaUmony .nd evidence upun which the appe.111 \0 be based. Upon lhe requeal of .ny pltly '0 the proceedln8. individual. teauryln, durin, . hOarln, will be .worn In, ~drv\d:~ :.~f:d~~~'~~:f.::"': :rnlty \0 cro......mine any Thl. notice dated Ind executed thl. I lih clay of January. 1999, BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ISI Paula A. Lowl.. Chalnnan PUBLISH DATE; January 21.1999 ík l1£w3 '- """" NOTICE OF ESTABLISHMENT OR CHANGE OF REGULATION AFFECTING THE USE OF LAND The St. Lucie County Board of County Commissioners propose to adopt the following Ordinance: ORDINANCE NO. 99-001 AN ORDINANCE AMENDING THE ST, LUCIE COUNTY LAND DEVELOPMENT CODE BY AMEND- ING SECTION 2,00,00, DEFINITIONS, TO PROVIDE FOR AMENDMENT TO THE DEFINITIONS OF ' HOTEUMOTEL AND OPEN SPACE; AND BY CREATING NEW DEFINITIONS FOR COMMON OPEN SPACE, TEMPORARY BUILDINGS OR STRUCTURE AND TRANSIENT LODGING FACILI- TIES; BY AMENDING SECTION 3.01.03(E), AGRICULTURAL RESIDENTIAL ZONING DISTRICT TO PROVIDE FOR A CLARIFICATION ON MOBILE HOMES AS AN ACCESSORY USE; BY AMENDING SECTION 4.01,05 HUTCHINSON ISLAND BUILDING HEIGHT OVERLAY ZONE, EXCEPTIONS, TO PROVIDE FOR ADDED CLARIFICATIONS PERTAINING TO VESTED SITE PLANS AND TELECQMJ MUNICATIONS TOWERS; BY AMENDING SECTION 6.06.01(B)(11), MINING, RESTRICTIONS, REGULATIONS AND CONDITIONS ON A MINING PERMIT TO CLARIFY THOSE AREAS WHERE MINING ACTIVITIES ARE PROHIBITED; BY AMENDING SECTION 6.06.02, MINING EXTRACTION INCIDENTAL TO DEVELOPMENT ACTIVITIES, TO' PROVIDE FOR A CLARIFICATION ON CON- STRUCTION OF STORMWATER WORKS ASSOCIATED WITH ROADWAY CONSTRUCTION PRO- JECTS; BY AMENDING SECTION 7.01.02, PLANNED UNIT DEVELOPMENT, PERMITTED USES TO PROVIDE FOR CLARIFICATION OF USES ALLOWED; BY AMENDING SECTION 7.01.03, PLANNED UNIT DEVELOPMENT, STANDARDS AND REQUIREMENTS, BY REDUCING THE MINI- MUM PARCEL SIZE REQUIRED FOR A PLANNED UNIT DEVELOPMENT, BY CLARIFYING THE ABILITY TO VARY FROM MINIMUM RIGHT-OF-WAY WITH STANDARDS WITHIN A PLANNED UNIT DEVELOPMENT AND BY CLARIFYING STANDARDS GOVERNING OPEN SPACE WITHIN A PLANNED UNIT DEVELOPMENT; BY AMENDING SECTION 7.02.02, PLANNED NON-RESIDEN" TIAL DEVELOPMENT, PERMITTED USES, TO PROVIDE FOR CLARIFICATION OF USES ALLOWED INCLUDING TELECOMMUNICATIONS TOWERS; BY AMENDING SECTION 7.02.03,- ~ PLANNED NON-RESIDENTIAL DEVELOPMENT, STANDARDS AND REQUIREMENTS, BY CLAR- IFYING THE REQUIREMENTS FOR DETERMINATION OF MINIMUM SITE DIMENSIONAb REQUIREMENTS, BY CLARIFYING THE ABILITY TO VARY FROM MINIMUM RIGHT-OF-WAY WITH, STANDARDS WITHIN A PLANNED NON-RESIDENTIAL DEVELOPMENT AND BY CLARIFYING STANDARDS GOVERNING OPEN SPACE WITHIN A PLANNED NON-RESIDENTIAL DEVELOP- MENT; BY AMENDING SECTION 7.03.02, PLANNED MIXED USE DEVELOPMENT, PERMITTED' USES AND LOCATIONS TO PROVIDE FOR CLARIFICATION OF USES ALLOWED; BY AMENDING SECTION 7.03.03, PLANNED MIXED USE DEVELOPMENT, STANDARDS AND REQUIREMENTS, BY CLARIFYING THE REQUIREMENTS FOR DETERMINATION OF MINIMUM SITE DIMENSION- AL REQUIREMENTS, BY CLARIFYING THE ABILITY TO VARY FROM MINIMUM RIGHT-OF-WAY' ~ WITH STANDARDS WITHIN A PLANNED MIXED USE DEVELOPMENT AND BY CLARIFYING STANDARDS GOVERNING OPEN SPACE WITHIN A PLANNED MIXED USE DEVELOPMENT; BY' AMENDING SECTION 7.05.02(A), TRANSPORTATION SYSTEMS, STREETS, BY PROVIDING, CLARIFYING LANGUAGE WITH REGARD TO THE PLANS OF THE ST. LUCIE METROPOLITAN PLANNING ORGANIZATION AND ROADWAY SIGNAGE STANDARDS; BY AMENDING SECTION 7.05.08, STREET NAMING AND NUMBERING, BY PROVIDING FOR BICYCLE PATHS AND PRO-' VI DING CLARIFICATION FOR THE RESPONSIBILITY OF STREET NAMING; BY AMENDING SEC-~ - TION 7,06.00, OFF-STREET PARKING AND LOADING, BY PROVIDING GENERAL AMENDMENTS TO THIS SECTION REQUIRING THE RECONSTRUCTION OF PARKING LOTS WITH ANY CHANGE IN USE AFTER THE EFFECTIVE DATE OF THIS ORDINANCE; BY AMENDING SECTION 7.06.02.. OFF-STREET PARKING, BY AMENDING THE PARKING STANDARD FOR HOTELlMOTEL USES TO CORRECT AN INCORRECT NUMBER, BY AMENDING THE GENERAL PROVISIONS FOR WHEN- OFF-STREET PARKING IS REQUIRED AND WHERE OFF-STREET PARKING IS PROHIBITED; BY'. , AMENDING SECTION 7.09.00 LANDSCAPING AND SCREENING, TO PROVIDE FOR A SERIES OF GENERAL AMENDMENTS REQUIRING THE REPLACEMENT OR UPDATING OF ALL EXISTING LANDSCAPING WITH A CHANGE IN USE OR NEW ZONING COMPLIANCE, BY ENHANCING THE REQUIREMENTS FOR MAINTENANCE OF PLANTED LANDSCAPING AND PROVIDING PENAL, . . TIES, BY AMENDING THE GENERAL STANDARDS FOR PLANT MATERIALS, BY AMENDING SECTION 7.09.04 CLARIFYING THE REQUIREMENTS FOR LANDSCAPING ADJACENT TO A PUBLIC OR PRIVATE STREET RIGHT-OF·WAY, ABUTTING PROPERTIES PARKING AND INTERI- OR LANDSCAPE AREAS, BUFFER REQUIREMENTS BETWEEN NON-RESIDENTIAL AND RESI- DENTIAL USES, OFF-STREET PARKING AND LOADING AREAS AND BY CREATING NEW REG;; . ULATIONS GOVERNING ON-SITE LIGHTING STANDARDS AND LANDSCAPE AND SCREENING· ... STANDARDS APPLICABLE TO CERTAIN AGRICULTURAL USE AND ACTIVITIES; ,BY PROVIDING FOR CONFLICTING PROVISION, BY PROVIDING FOR SEVERABILITY, PROVIDING FOR APPLlC:' ABILITY, PROVIDING FOR FILING WITH THË DEPARTMENT OF STATE, PROVIDING FOR AN, EFFECTIVE DATE, PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION, , A PUBL.IC HEARING on Ordinance 99-001 will be held before the S1. Lucie County Board of County, Commissioners on Tuesday, February 2, 1999, at 7:00 P.M. or as soon thereafter as possible, in the County Commission Chambers, 3rd floor of the County Administration Annex, 2300 Virginia Avenue, Ft. Pierce, Florida. Matters affecting your personal and property rights may be heard and acted upon:', All interested persons are invned to attend and be heard. Written comments received in advance of , the public hearing will also be heard. The purpose of this public hearing is to amend the St. Lucie County Land Development Code to pro- vide for a series of general amendments to the Code, This is the second required public hearing. Copies of the proposed ordinances, are available tor review in the office of the Community, Development Director, St. Lucie County Administration Building, 2300 Virginia Avenue, Ft. Pierce,. Florida, during regular business hours. Amendments to the proposed ordinance may be made at the- -- public hearing. - If any person decides to appeal any decision made with respect to any matter considered at the meet: ings or hearings of any board, committees, commissions, agency, councilor advisory group, that per~ son will need record of the proceedings and that, for such purpose may need to ensure that a verba· , tim record of the proceedings is made, which record should include the testimony and eVidenc,e upon' which the appeal is to be based, Upon the request of any party to the proceeding, individuals testify- ing 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. This notice dated and executed this 11th day of January, 1999. BOARD OF COUNTY COMMISSIONERS Sf. LUCIE COUNTY, FLORIDA /S/ Paula A, Lewis, Chaionan PUBLISH DATE: January 21, t999 /lIAhW1,lL.- - '-' CONSENT AGENDA '. 1 'wi - -. ;:-...;:::- ---- .-.- ...-.'- 01/29/99 ~ LUCIE COUNl'Y - BOARD ..."", PAGE 1 FZABVARR ,- VARRANT LIST #18- 23-JAN-99 TO 29-JAN-99 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 561,295.92 27,453.32 001116 Sec 112/MPO/FHVA/Planning 98/99 1,287.54 0.00 001120 Community Services Block Gmt 98/99 812.08 0.00 001220 CSBG/DCA 1996/97 3.14 0.00 001235 TDC Planning Grant 98/99 309.30 0.00 001242 98/99 E. M.. P.A. 527.00 0.00 001804 SFVM/SLSVCD VeIl Monitoring Program 356.27 0.00 101 Transportation Trust Fund 82,534.70 0.00 10 100 1 Transportation Trust Interlocals 76,429.52 0.00 101002 Transportation Trust/80% Constitut 33,993.80 0.00 10 1003 Transportation Trust/Local Option 61,120.72 0.00 101006 Transportation Trust/Impact Fees 31,642.98 0.00 102 Unincorporated Services Fund 16,339.70 0.00 102001 Drainage Maintenance MSTU 5,013.38 0.00 102103 Urban & Community Forestry 97/98 361.33 0.00 105 Library Special Grants Fund 960. 16 0.00 107 Fine & Forfeiture Fund 2,665,182.66 0.00 107109 Local Law Enforcement Blk 98/00 2,734.20 0.00 111 River Park I Fund 2,557.69 0.00 112 River Park II Fund 513 .12 0.00 113 Harmony Heights 3 Fund 200.94 0.00 114 Harmony Heights 4 Fund 442.29 0.00 116 Sunland Gardens Fund 490.60 0.00 117 Sunrise Park Fund 122.44 0.00 ¡-:~~<:::=-, 119 Holiday Pines Fund 713.92 0.00 120 The Grove Fund 140.14 0.00 122 Indian River Estates Fund 850.33 0.00 123 Queens Cove Lighting Dist#13 Fund 249.96 0.00 126 Southern Oak Estates Lighting 109.94 0.00 136 Monte Carlo Lighting MSTU#4 Fund 1,293.55 0.00 138 Palm Lake Gardens MSTU Fund 105.26 0.00 139 Palm Grove Fund 657.97 0.00 140 Port & Airport Fund 5,902.58 0.00 160 Plan Maintenance RAD Fund 4,357.35 0.00 170 Court Facilities Fund 149.99 0.00 182 Environmental Land Acquisition Fund 1,240.14 0.00 183 Ct Administrator-19th Judicial Cir 1,934.28 0.00 183001 Ct Administrator-Arbitration/Mediat 775.61 0.00 183104 Domestic Relations Officer 98/99 5,979.15 0.00 183206 FDJJ-Teen Court 98/99 379.25 0.00 185201 FHFA-185-SHIP 96/97 14,541.98 0.00 185202 FHFA- SHIP 97/98 15,000.00 0.00 185203 FHFA-SHIP 98/99 408.46 0.00 186 Recycling Operating Fund 321.12 0.00 186202 DEP-Recycling & Education 98/99 512.03 0.00 315 County Building Fund 837.50 0.00 315201 DOS-315-Fort Pierce Branch Library 3,138.75 0.00 316 Coun ty Capital 2,670.00 0.00 '-' -.",.I 01/29/99 ST. LUCIE COUNTY - BOARD PAGE 2 , - FZABWARR WARRANT LIST #18- 23-JAN-99 TO 29-JAN-99 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 382 Environmental Land Capital Fund 2,620.00 0.00 390 Treasure Cove/Ocean Harbor S Cap 2,500.00 0.00 401 Sanitary Landfill Fund 132,003.16 0.00 418 Golf Course Fund 21,268.15 0.00 421 H.E.Y. Utilities Fund 56.90 0.00 441 North Hutchinson Island Utilities 1,586.30 0.00 451 S. Hutchinson Utilities Fund 891.38 0.00 461 Sports Complex Fund 11,946.82 0.00 . 491 Building Code Fund 7,938.01 0.00 501 Automated Services Fund 29,235.84 0.00 505 Insurance & Loss Fund 349,697.00 5,903.93 510 Service Garage Fund 6,796.68 0.00 611 Tourist Development Trust-Adv Fund 1,168.29 0.00 625 Law Library 8,491.39 0.00 650 Agency Fund 2,865.06 0.00 GRAND TOTAL: 4,186,565.72 33,357.25 01/29/99 ~LUCIE COUNTY - BOARD '-' .... FZABYARR ' VOID LIST# 18- 23-JAN-99 TO 29-JAN-99 FUND: 101 - Transportation Trust Fund CHECK INVOICE VENDOR 00236892 99007232 Hill Manufacturing Co FUND TOTAL: TOTAL 110.44 11 0.44 PAGE 1 01/29/99 ~LUCIE COUNTY - BOARD FZABVARR ~ VOID L1ST# 18- 23-JAN-99 TO 29-JAN-99 FUND: 146 - Mosquito State I Fund CHECK INVOICE VENDOR 00236412 99005966 Radisson ...., FUND TOTAL: TOTAL 68.00 68.00 ';;....~:=.,,~ -",;;' PAGE 2 ~. 01/29/99 ~ LUCIE COUNTY - BOARD ......" " FZABVARR VOID UST# 18- 23-JAN-99 TO 29-JAN-99 FUND: 501 - Automated Services Fund CHECK INVOICE VENOOR 00237778 99009522 BSFS Equipment Leasing FUND TOTAL: TOTAL 4,603.38 4,603.38 PAGE 3 \ .. . ....' ,...... ~ ....., NO. C-2 AGENDA REOUEST ITEM DATE: February 2, 1999 REGULAR [ ] PUBLIC BEARING [ ] CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT) :St. Lucie County Sheriff Undersheriff Dennis M. Williams SUBJECT: Request for distribution from the Law Enforcement Trust Fund in the amount of $210,481.87. BACKGROUND: The monies will be used for the citizens observation patrol, explorer post 400, community oriented policing, school resource officers, and technical training equipment and software (see attached itemized list) . FUNDS AVAIL. (State type & No. of transaction or N/A): L.E.T. Fund PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [J APPROVED [ ] OTHER: DENIED E: 4-1 Coordination/Sianatures County Attorney: v" Asst.Co.Adrnin: Engineering: Mgt. & Budget: Prop. Acq.: Grants Coor: Public Works : Utilities Ser: Other: Leisure Services: Purchasing Other: Finance Director: Corom. Dev. Other: Eff. 11/4/93 4; t' ... \w' .....,¡ 15% 1997-98 Spending Requirement 1998-99 Law Enforcement Trust Fund Expenditure Request #1 Citizens Observation Patrol: Requisitions Vendor 970086 Audio Visuallnnov. 970087 Dartek Computer Explorer Post 400 Requisitions Vendor None None Community Oriented Policing Requisitions Vendor 980113 Fingerprint America 980114 Sears 980115 American Artwear 980116 Lawmens & Shooters School Resource Officers: Requisitions Vendor 950132 American Artwear None None 950647 Central Audio Visual 950648 Military Trail Distrib. 950135 The Tape Deck allowance for overages: Technical Equipment Training/Software: Requisitions Vendor 980112 (RP) Quest Technologies 970829 (RP/SRO) Central Public Safety None (Jail) Lafayette Instrument None (Marine) None None (Marine) None None (SIU) None None (Traffic) None None (Traffic) None None (Canine) None None (CID) None None (Dive Team None None (Dive Team None None (Dive Team None None (Bomb Dis) None None (Bomb Dis) None None (Records) None 981239 (Training) Compute, Inc. None (Tech Svc) Digital Imaging Sol. None (RP) Survi Va Link None (Jail) None Item(s) Proxima audio/visual,case,screen Toshiba Satellite 4010 COT Laptop Item(s) Beam Hit-target practicing Item(s) 5000 FPA-V3 Child 1.0. Kits Craftsman Air Compressor for bikes (8) Windbreaker jackets for bike pat. Various uniform accessories Item(s) 850 DAR.E. t-shirts for graduates (2) Pagers (1) LCD Data/video proj. w/ case (1) Twinhead slimnote laptop pc Custom Stereo for Pickup truck Item(s) (2) 2900-10 Sound level meters, etc (40) HAP KG Hideaway strobe pkgs Polygraph machine for jail (1) 10 x 50 Insta-focus Bushnell (1) 24 ft Patorl vessel matching fund (1) Disguised cell-phone transmitter (6) DUI Camera Lens adapters (1) DUI Camera for BAT mobile (2) Dog replacements Intelligence database software Dive Equipment (6) Yellow dive helmets (6) Hooded Neoprene dive vests (1) Hotstick steel robotic arm/claw Day box or safe box Microfiche reader/printer ABRATRAIN product incl maint. PC w/ film developer/printer Difibrulators (15) Classifications outfitting $25,561.00 Amount $4,206.00 $2,025.00 Amount $3,600.00 Amount $2,837.50 $49.99 $128.00 $1,679.18 Amount $4,037.50 $200.00 $4,386.70 $2,600.00 $1,300.00 $1,000.00 Amount $5,261.00 $7,260.00 $4,800.00 $140.00 $20,000.00 $1,495.00 $600,00 $600.00 $4,000.00 $999.00 $3,564.00 $414.00 $414,00 $5,000.00 $500.00 $3,260.00 $4,450.00 $60,000.00 $42,675.00 $17,000.00 H:\QPRO\LET99-01'wB2 Amount applicable to 15%: Other items: Grandtotal of Request: p1 $28,049.87 $182,432.00 $210,481.87 c/v '-' '-II MEMORANDUM TO: Doug Anderson, County Administrator Undersheriff Dennis M. williams~ January 13, 1999 FROM: DATE: SUBJECT: L.E.T. Expenditure Request NUMBER: 99.01.10 I hereby certify that the monies requested from the L.E.T. Trust Fund on will be used for the purposes authorized by Statute and the purposes of the Trust Fund pursuant to Florida Statute 932 in relevant parts. ts Attachment --"1 '-\~---~ ru.. ~1~ P \ f\ ¡-. JAM l , '999 _._~._._,..._~._>-._~c ~j l__--··-- "c: L \~.'C . , '--' ...." AGENDA REQUEST ITEM NO. C-3 k DATE 2-2-99 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSION PRESENTED BY: ý/ /1,') , ,./3 / - / FrannieHu chinson , '-. County Commissioner SUBMITTED BY (DEPT) - BOCC - DISTRICT 4 District 4 SUBJECT: Advisory Committee Appointment Ratify the re-appointment of Richard Pancoast to the Board of Adjustment. BACKGROUND: FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Ratify the re-appointment. C7M ISSION ACTION: [ APPROVED [] DENIED [] OTHER CONCURRENCE: ~ . ....., AGENDA REQUEST ITEM NO. C-3-B DATE 2-2-99 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] SUBMITTED BY (DEPT) - BOCC - DISTRICT 4 TO: BOARD OF COUNTY COMMISSION SUBJECT: Seaport Advisory Committee Appointment Ratify the appointment of Gail Kavanagh to the Seaport Advisory Committee. BACKGROUND: FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Ratify the appointment. CO~MISSION ACTION: [v{ APPROVED [] DENIED [] OTHER CONCURRENCE: - ,. .... AGENDA REQUEST ......, ITEM NO. C - 41 ...." DATE: 2-2-99 REGULAR [ PUBLIC HEARING [ CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Harvey Lincoln SUBJECT: Disbursement of funds to Clerk of Court for automated services project costs. BACKGROUND: The Board approved a $183,000 allocation for a Clerk of Courts Y2K project in the Automated Services Fund in the initial FY 99 budget process. It has been determined that it would be desirable for the Clerk to contract directly with the service provider for this project. This agenda item authorizes the disbursement to the Clerk of Courts of $183,000 from the Automated Services Fund, with the understanding that as much of this amount as may be necessary may be combined with grant funds the Clerk anticipated from the state, to pay for a Y2K contract with Graphic Computer Solutions, Inc. Balances not required for the project will be returned to the Automated Services Fund. See attached memo for further details. FUNDS AVAilABLE: Funds will be made available from account #501-9000-559300-800 PREVIOUS ACTION: Approval of Grant Application on 1-26-99. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the t disbursement of $183,000 to the Clerk of Courts as outlined above, and approve the related budget transfers. COMMISSION ACTION: [ j APPROVED [] DENIED [ ] OTHER: oug Anderson County Administrator County Attorney: Coordination/Sic natures Management & Budget: ~ Purchasing: Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable) xx '- '-tI cÄ OFFICE OF MANAGEMENT & BUDGET MEMORANDUM #99-11 TO: BOARD OF COUNTY COMMISSIONERS FROM: HARVEY LINCOLN, MANAGEMENT & BUDGET MANAGER ~ SUBJECT: TRANSFER OF FUNDS TO CLERK OF COURT FOR AUTOMATED SERVICES PROJECT. DATE: JANUARY 25, 1999 The Board approved a $183,000 allocation for a Clerk of Courts Y2K project in the Automated Services Fund in the initial FY 99 budget process. It has been determined that it would be desirable for the Clerk to contract directly with the service provider for this project. The actual cost of the proposed project is currently estimated at $467,000, which is the amount of the contract between the Clerk and Graphic Computer Solutions, Inc., for undertaking the project. The clerk on 1-26-99 was authorized to apply for a state grant in the amount of$412,810 to be applied to the cost of this project, which means that the Clerk will have to provide $54,190 from another source. This agenda item authorizes the disbursement to the clerk of courts of $183,000 from the Automated Services Fund, to be combined with grant funds the Clerk anticipated from the state, to pay for the contract with Graphic Computer solutions, Inc. This disbursement will be made with the understanding that $54,190 will be applied to the contract with Graphic Computer Solutions, Inc., and that any balance of the $183,000 not required for the completion of the project will be returned to the Automated Services Fund. When the FPL settlement was reached, the Board approved an additional $150,000 for this project, which was budgeted in the general Fund. In view of the receipt of the state grant, it appears that these funds will not be needed for this project. They therefore will be held in reserves for allocation to other Y2K projects as required, or for such other purposes as the Board may determine. cc: Doug Anderson HL:my Wp\agenda 's\2'2c1erk 'attachment. wpd ~--- 1 AGENDA REQUEST ...., ITEM NO. ( 5-Ä ~ DATE: February 2, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. Mcintyre County Attorney SUBJECT: Request for Extension and First Amendment to Contract No. C96-12-315 entered into between St. Lucie County and Florida Rock Industries., to supply coquina rock for the Road and Bridge Division of Public Works BACKGROUND: The Board approved the original contract with Florida Rock Industries, Inc., on December 10, 1996, for a period of two years, with an amendment option for an additional two one-year extensions if desired. The rate of $3.50 per ton will remain the same as in the original contract and the First Amendment, with a total amount of coquina rock to be supplied of not to exceed $250,000.00 on an as needed basis. FUNDS AVAILABLE: 101-4110-553200-400 PREVIOUS ACTION: Original contract approved December 10, 1996. First Amendment approved February 17, 1998. RECOMMENDATION: Staff recommends that the Board approve the Extension and First Amendment and authorize the Chairman to sign the Extension and First Amendment. [ APPROVED [] DENIED [ ] OTHER: County Attorney: ,",Chaoing' ~ other:&d.,¡..ðn , ~ Eff. 5/96 Originating Dept. Monogement , 'Udge~ twll./e,f¿lyk I' Finance: (Check for Copy only, if applicable) J?f Review and ADprovals .. ..... """"" \ C0A 111 SECOND AMENDMENT AND EXTENSION OF CONTRACT BETWEEN ST. LUCIE COUNTY AND FLORIDA ROCK INDUSTRIES, INC. FOR COQUINA ROCK THIS SECOND AMENDMENT AND CONTRACT EXTENSION is made this day of 1998, between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County"), and FLORIDA ROCK, INC. or his, its or their successors, executors, administrators, and assigns (the "Contractor"). WITNESSETH: WHEREAS, on December 10, 1996 the parties entered into a contract (the "Contract") whereby the Contractor agreed to sell and the County agreed to buy coquina rock (the "Rock") on an "as needed" basis for use by the St. Lucie County Road and Bridge Division for a term of one year with an option to extend the term of the Contract for two additional terms of one year each¡ and WHEREAS, on February 17, 1998, the parties exercised the first extension option and extended the Contract through and including December 10, 1998 and provided that the maximum amount of Rock to be purchased during the extension term was $250,000.00¡ and WHEREAS, the parties have agreed to exercise the second extension option to provide for the purchase and sale of up to $250,000.00 of Rock during this extension period; and WHEREAS, the parties have also agreed to delete the requirement for the Contractor to hold builders risk insurance because this type of coverage is not necessary for the scope of work performed by the Contractor. NOW, THEREFORE, in consideration of the mutual promises contained herein the December 10, 1996 Contract, as amended, is hereby extended through and including December 10, 1999. The maximum amount of coquina rock to be purchased during the extension term is $250,000.00. Paragraph 15E, BUILDERS RISK, is hereby deleted from the Contract, as amended. Except as extended and amended herein, the remaining terms and conditions of the December -1- "--' '-' 10, 1996 Contract, as amended, shall remain in full force and effect. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY aÆ~ SECRETARY ~TRIES' INC. ATTEST: PRES IDENT - 't=s.:...~_.. \:.) ~,~ .:..- Print Name ~'i~õn--'" {~,O\ Q)¡u\.~ (Seal) C:\JWL\AGREE\FLAROCK.2A.WPD -2- · ~ ....., AGENDA REOUEST ITEM NO. C -5) B DATE: February 2, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBÆCT: Phoenix Metal Products, Inc. - Proposed Landlord's Waiver BACKGROUND: See attached memorandum CA 99-89. FUNDS AVAILABLE: N/ A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Landlord's Waiver for Phoenix Metal Products, Inc., and authorize the chairman to sign the fonn. COMMISSION ACTION: [~ APPROVED [] DENIED [ ] OTHER: County Attorney: f9j Review and ADDrovals Originating Dept. Management & Bud e· A\(.A:;)r-t D¡r, bltie~: Purchasing: Other. Finance: (Check for Copy only, if applicable): _ - '. \w ......,¡ CS\0 INTER-OFFICE MEMORANDUM 11 ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 99-89 DATE: January 25, 1999 SUBJECT: Phoenix Metal Products, Inc. - Proposed Landlord's Waiver BACKGROUND: Attached to this memorandum is a copy of a proposed Landlord's Waiver which Phoenix Metal Products, Inc. has submitted to the Board for approval in conjunction with a Small Business Administration loan which Phoenix is pursuing through Riverside National Bank. A copy of the Airport Director's memorandum to the County Attorney regarding this matter is also attached. CONCLUSION/RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Landlord's Waiver for Phoenix Metal Products, Inc., and authorize the chairman to sign the form. Respectfully submitted, ~~ Heather Young Assistant County Attorney Attachment Copies to: County Administrator Airport Director ot " JVERSJDE NATIONAL BANK ... "Dill.. ......, ~~1l Okeedaobce Raid Fort Piuœ, Ft ~ (561) 4ó6--izOO ~Â.I.'WLOlU)tS w~E~ TM Woldmtpd ia ths ownar and IMdlo:d of tho promis~ 1J.t: \1\o'hJch oue MW leased m1 OQOupied, in whole or in pan by; ~ u¡¡dcr5Ì~ ~d.t that }ijn~iidc 1'ltiOnal ~ or ftorida. rI&_r") iIItc1cli tQ provide Dmnc:mg '!XI BQaQw~t. punwmt to vvtœS writtM lwe, loans, ld1edules or ot1)etv.;se, ro be 9SCW!d by tbe propen¡ set forth below (ccl1ec1ivcly caDed t.bt '4Eq~"), whicll cqu1fJmð..to¡t is [lOW or may heœafbsr be dl!i1i~~ò. to Qr inStl,Uç¡:L on the Promises, Eqw.pmcN shall iIldude an pcrsDW propertr, iI:1duditl¡ au golXit; (ñYéGtaI1, cquJpment. trade ftJ.tuCl!&, f\lrnhtU'1$, aeeo~ts, ACCOu.M1 receinbIe, chattel piper, dOCUNents, ÎI2StrWD4'J1ts, money u<l Søral iatag1b"', whetb4lr now or herr.aft£1' bf.IQngí~: to ÐC~'cr aT in wbi~ Sarro'WU be; iUI lnuR$t¡ md all pl'ø~d' ~d products of the rongciol· 1, m çr;msíder&ZWn of Lender's relianos upolt this waiver i4 en£&.<i!!g intQ and (;O~umma.ting sæid fiImm¡~ with BOn'Ower, the \U14et1fg=ed. lmCond1ûðœlly snbotdinlù:c to lAnder with re.speGt to w;; :aql,dpm~t each ami cmr _ title , liM or i:ntQfest ""niGh urJdc:rs1pcd. now baS, or may h~ro" hav=, ~der Jaws of1be State: of ~londB. or by virtue rJf any ag¡rcc:mem rJDfN :in eftè:ct or 1".çw~k e;œcutec1 by slid Bon'ower, to lð\IY or cUstram upon for rem, in artetI1, in ~~ õt bQth,. or to ~ or as.crt title or ¢lahn to ~ ßquipm= or !mId tho Bqui~ in ûIIJ way, 2, ~ EquipmlDt W1l ~ p«sOttal prcpMy f¢SM\"&ble by Ler.der or i.t$ ~.i¡m at a.ny cime ..vith a mi~imwn = (10) day prior ~rit!iIl ~ti( e to ~~e Aacnt design3,~~á 0)1 L&DdI.arå, ¡.!1d L~~t shall ha,\'C ~\1~ "1 ~55 to t!lC p~ :IS II may r~q'Jire fur pl:lpO$~ of msp~:ion and f'm1à\sl NQ sal" of ~quiprnent on pmr.ir~ ",ill Oe<:W' witboot prior lpproVal from LnndtQ~d. fIt .o\.gent. 1 Tba \+I1.deraisn~ reçognjzes .ar¡d aç1œQw~$ t1w M)' ci1ùm or cwms thc.t thè said Lmde1 o( ;2,I1i~S hAve or IMY ~~ l1a,~ i1gB.ÎJ1$t Sl.tdt Bquipn ¡:l\~ by v:rtuc of a;c.y lwe, loiUl or otherwiilO is suplrior to any Ueø. 0; em of any IlItth"'O which u.'1ámÍp~ t\DW has or rr.a.y hereatbr ha.ve ~ rnch Ec¡uip~ by ~ asr-..em:nt or o~~uc, 4, 'I'biß Å¡t=u=t shan be bindins upon the hair! per¡or.a.l rcp!'e$ectativ~. 8u~issors, ïUXf anisns t'lfthc u=defsiped ~til1üll )aym;nt ami pcrt"orm~:ç of a.!1 oj1i,g¡,tí,,~ requh'e.d of BOJfower 'by LendO;', 5 L~Qtd aha)l provide writtœ noùct to lc1'Ider of dJfaw~ by BorrowS[' u::uW its 112!e, b~n LalJdlord and Borrower dDkd . nlO )g with a Ie~,ooa.blo ùpportwIity f'of ~r to cure any such d!fa.u1't:1¡1, to the ftillow~g Lddress: RiVCl'lidc N tUQfta} :tI1J1k Gf Florida ~11 Oke~C)bl6 Road Port Pierce, FL. 34951) t:'ropcrt)' O'Wne~ Dy:- \VifDt;8! o.c Attest.: '-" ......, t/~ ftii ,,7 MEMORANDUM from St. Lucie County International Airport Date: Subject: Daniel McIntyre, County Attome~¡"n Paul A. Phillips, Airport Director ~~ January 20, 1999 Phoenix Metal Products Landlord's Waiver To: From: As you know, Phoenix Metal Products leases a building in the Airport Industrial Park. They have experienced phenomenal growth since relocating to St. Lucie County. As a result of their growth, Phoenix Metal Products is in the proceSs of obtaining a loan from the Small Business Administration (SBA). As part of the loan requirements, Phoenix must have a Landlord's Waiver for the personal property from the Board of County Commissioners. As this expansion would allow Phoenix Metal Products to continue to expand and create jobs in St. Lucie County, I would recommend that the Landlord's Waiver be granted. Please review and approve the attached Landlord's Waiver and process the Waiver for the Chairman's signature. If you have any questions or require any additional information, please do not hesitate to contact me. cc: Douglas Anderson, County Administrator .Ji¡.' : t;/ , . / " . \L \~' \ ; ì \ .(..... \J., \ 1\ n I'..'ì \' , rÇ\?" \,' " ~ ),', ~ \",'! \' . (j' \ 0 / ~ """ ITEM NO. C-6 AGENDA REOUEST DATE: February 2, 1999 CONSENT X REGULAR PUBLIC HEARING [ ] Leg. [ Quasi-JD. TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUB,TRCT : Public Hearing Advance Notice. SUBMITTED BY (DEPT): Community Development BACKGROUND: The following public hearings will Commissioners meeting of February 16, thereafter as possible. be scheduled for 1999, at 7:00 p.m., the County or as soon 1. PHIL DRAWDY, has petitioned St. Lucie County for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) zoning District to the CO (Commercial, Office) zoning District. (Location: South side of Midway Road, approximately 1,320 feet West of South 25th Street) 2. ORDINANCE 99-002, which proposes general amendments to the St. Lucie County Land Development Code (first public hearing) . FUNDS AVA TTJABTÆ: Not Applicable. PREVIOUS ACTION: None. RECOMMENDATION: Staff recommends that the Board acknowledge the Public Hearing schedule for February 16, 1999. ~O~::::O:::ION; [ ] OTHER :. DENIED CoorrJin"tinn/Silln"tnres County Attorney: Mgt & Budget: Purchasing: originating Dept: Other: Other: Finance: (copies only) : .... .. , œ ..... ...." COUNTY COMMISSION REVIEW: FEBRUARY 2, 1999 CONSENT AGENDA MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Board of County Commissioners FROM: Ray Wazny, Community Development Director ~ DATE: January 25, 1999 SUBJECT: Advance Notice for Public Hearings It is requested that the Board of County Commissioners authorize the publication of the legal advertising for the following public hearings for February 16, 1999, at 7:00 P.M. or as soon thereafter as possible. 1. PHIL DRA WDY,has petitioned St. Lucie County for a Change in Zoning from the AR-1 (Agricultural, Residential- 1 du/acre) Zoning District to the CO (Commercial, Office) Zoning District. (Location: South side of Midway Road, approximately 1,320 feet West of South 25th Street) 2. ORDINANCE 99-002, which proposes general amendments to the St. Lucie County Land Development Code (first public hearing). Please call me if you have any questions. RLW/jrnr cc: County Administrator County Attorney File