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HomeMy WebLinkAboutAgenda Packet 04-06-99 '-" "'-" APRIL 6, 1999 WELCOME BOARD OF COUNTY AGENDA GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA 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 addressed prinr 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 the 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, FI. 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. '-' ....." 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 ßOARD OF COUNTY COMMISSIONERS AGENDA April 6, 1999 7:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held March 23,1999. 2. PROCLAMATION/PRESENTATION A. Automated Services Director- The County Administrator will introduce Dennis Wetzel, the new Automated Services Director. B. Resolution No. 99-91- Proclaiming the week of April 5-11, 1999 as "Public Health Week" in St. Lucie County. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBLIC HEARINGS PUBLIC WÇ>RKS ~ Resolution No. 99-87- Consider staff recommendation to approve the resolution approving construction of the Ideal Holding Road MSBU paving project using in- house labor services, employees, and equipment. ß Resolution No. 99-88- Consider staff recommendation to approve the resolution to levy a non-ad valorem special assessment on the Ideal Holding Road MSBU; approve the attached preliminary assessment roll; and authorize the County Engineer to proceed with construction of the Project. COUNTY A TTOR1\'EY ~. Resolution No. 99-81- Consider staff recommendation to approve the resolution abandoning part of a 20' drainage easement in the Wide Waters Subdivision. ~?(¡V~ cÝ ¡J -se~/Y/J)1/J1 U / - ¡{- ~r /JdcLJ-/ë, ~-<tf~ f, I v 1D ^ ,6.L- "- G" ".Ý7i-b-. Æ ~ /~ --7 ?v' I />-ß-I-fl ~ NOTICE: All ~ before this Board are electronin; record 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 oppo.rtu. Llnjty to cross-examine any ~ividual test wing during a hearing upon "quesc¿,." 7 s: (Jè, f ?r ~-</- "",/fi'7"il /'..)-.-?<1 ?>d ~J¡ ...v ß tV'v1/~c~.--rrg¡//I ~i; "-' "" REGULAR AGENDA APRIL 6, 1999 PAGE TWO ~ ~ :;;/¡1¡2-¡>' V ýl~ 6~ß ¡þ'"; F"J-----~. t! /::J t' ~l~fv PUBLIC HEARINGS (CON'T) COUNTY ATTORNEY (CON'T) ~th~~ í ~OÍl~b:lUe Media One/AT&T Cable Franchise Transfer- This public hearing is continued from the ~ 9AM March 23,1999 Commission meeting. Consider staffrecommendation to continue the public a hearing on the transfer of control of the cable televi~n franchise jr0JIl AT&T to Media One and authorize the Chair to sign the resolution. ~.,¡- /b J fi I 5E. Ordinance No. 99-14- Consider staff recommendation to approve the ordinance which will prohibit parking on Oleander Avenue f!?m the intersection of Kan. ner Drive for 600 feet to the north. -- c,^--7.~ ro SI1 ~///"Ø:J7£:O /#"r..--z.';' d-- ¡C.f::.¿,¿J V, 4éO c¡ /.-L.' / ¿Cc if- COMMUNITY DEVEf.onfENT þ, jfÀþc-€ ø~v. ./I.-C.~ j?.a.-rl/Z- pYJ~ SF. Resolution No. 99-10/ Petition of Father Michael Sajda/Quasi-.Judicial- Consider staff recommendation to approve the resolution granting a change in zoning from the RS-3 (Residential, Single-Family - 3 du/acre) zoning district to the I (Institutional) zoning district. Location: North side of Delawa.re Avenue, ap.Droximate!r.500 feet east of Hart91an Road CRL TO ~IIÇ c.... :5",r 'c5.,~ C~_rc!l ~ ~ t~"-/~'~~. ¡--<-- A;.-!~ - ¿~ <Ó7~ TÞ /t$.~c... # l'~ t· ~ /'0 ¥ ~ V5G. ''KesØlótion No:"99-13/Petition of Fort Pierce Air center - Hangar 127( i-.Judicial- Consider staff recommendation to approve the resolution granting a major adjustment to an existing Conditional Use at the St. Lucie County International Airport to construct Hangar E-12. Location: 2982 Curtis King Boulevard Resolution No. 99-14/Petition of Jet Service Center/Quasi-.Judicial- Consider staff recommendation to approve the resolution granting a major adjustment to an existing Conditional Use at the St. Lucie County Internat.ional Airpo~to expand the daily operations. Lo.catio.n:313~tCenterTerrace ~¿c ,..)"bç-- /1<J,._J_t;, -v.s.:r- 4>é ~_C /¿..J:£J~AÇ . Resolution No. 99-12/Petition of Peter L. Sandefur/Quasi-Judicial- Consider staff recommendation to approve the resolution granting a variance from Section 6.02.02 of the St. Lucie County Land Development Code to construct a single family home within 50 feet of the Mean High Water Line. Location: 623 Howard Creek Lane 5J. / Jsrdinance No. 99-02- This is the second of two required public hearings and is continued from 1,/f) March 2, 1999. Consider staff recommendation to approve the ordinance which proposes C1· general amendments to the St. Lucie County Land Development Code. " ., 6. <\.DMINISTRATION 'Ah/t I> ¡J.-...¿:J-- /~) -II' C~ J , ,,1 "-:t ,¡OI" ?J / //,/  V [ . v A. Employee Appreciation Day- Consider staff recommendatio.rlo approve funding of the annual St. Lucie County ~ployee Appreciation Day in an amount not to exceed $1,000. ';-.,-4 ~ <5ù [J ,,~~ c- f'j þ~) Letter of Support- Consider the request of the Florida Community Health Center to send a letter to the U. S. Congressional delegation expressing the Board's support for the Health Center continuing to receive the Federally Qualified Health Centers Medicaid reimbursement on a cost based system. Authorize the Chair to sign the letter. 7 51./ ~/ B. '-" "-' CONSENT AGENDA April 6, 1999 1. W ARRANTS LIST Approve warrants list No. 26 and,27. 2. INVESTMENT FOR THE FUTURE Bridge Replacement- Consider staff recommendation to approve Work Authorization No.1 to the Agreement for construction contract management with Lindahl, Browning, Ferrari & Hellstrom, Inc., for engineering services related to the Keen Road over Belcher Canal (C-25) Bridge Replacement in the amount of $70,665 and authorize signature by the Chairman. 3. PUBLIC WORKS A. " c. D. E. Road and Bridge/Equipment Request No. 99-205- Consider staff recommendation to approve the equipment request for the purchase of a new laser jet printer. Road and Bridge/Equipment Request No. 99-207- Consider staff recommendation to approve the equipment request for the purchase of a computer work station. Road and Bridge- Consider staff recommendation to waive the formal bid process and declare a sole source for the purchase of plastic liner pipe from Metal Culverts, Inc. ~oad and Bridge/Equipment Request No. 99-141- Consider staff recommendation to approve the equipment request for the purchase of a used motor grader. Resolution No. 99-90- Consider staff recommendation to approve the resolution establishing a speed limit of 45 mph on Orange Avenue, 2580 feet east and west of the centerline of the bridge over the C-24 Canal. 4. HUMAN SERVICES Certificate of Participation- Consider staff recommendation to authorize the Chairman to sign the Certificate of Participation for the Federal Drug Control and System Improvement Program. 5. PURCHASING Bid No. 99-28- Consider staff recommendation to award the bid for North AlA Bike Paths to David Mann Construction in the amount of $91,894. Authorize the Chairman to sign the contract as prepared by the County Attorney. Establish the project budget as outlined. 6. COMMUNITY DEVELOPMENT A. Acquisition Agreement- Consider staff recommendation to approve and transmit the DEP Office of Greenways and Trails multi-party acquisition agreement for the Savannas Buffer Preserve. B. Contract Modification- Consider staff recommendation to approve the modification to the Local Mitigation Strategy Contract and authorize the Chair to execute the modification. · . '-' ....." CONSENT AGENDA APRIL 6, 1999 PAGE TWO 7. COUNTY ATTORNEY A. Resolution No. 99-85- Consider staff recommendation to approve the resolution renaming a portion of Avenue D aka Garner Court, west of Angle Road and east of No. 43rd Street to Charity Lane. B. Moore's Creek Stormwater Retrofit Project- Consider staff recommendation to approve the First Amendment to the Interlocal Agreement with the City of Fort Pierce for the Moore's Creek Stormwater Retrofit Project. 8. UTILITIESIRECYCLING Work Authorization- Consider staff recommendation to approve the work authorization with Camp, Dresser, McKee for engineering services associated with the design, permitting and bidding to construct one lift station and renovate three others in the South Hutchinson Island system, in the amount of $42,840. 9. ADMINISTRA TION A. Automated Services- Consider staff recommendation to authorize the Chair to send a letter to the Department of Revenue recommending support for funding the Automated Services Department. B. Committee Appointment- Consider the request of Commissioner Doug Coward to ratify his appointment of Mario Vargas to the Emergency Medical Services Board. '-' """ BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA APRIL 6, 1999 REGUI,AR AGENDA ADMINISTRA TION A.l Sheriff's Deputies Salaries- Commissioner John Bruhn requests Board discussion on salary levels for the Sheriff's Office Deputies. set a workshop as soon as possible. '-" '..,/ .. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: March 23, 1999 Tape: 1-2 Convened: 9:05 a.m. Recessed: 11 :00 a.m. Reconvened: 11 :07 a.m. Adjourned: 11 :20 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, Public Works Director; Paul Phillips, Airport Director; Julia Shewchuk, Interim Community Development Director; Bill Blazak, Utilities Director; Jim David, Mosquito Control Director; Jack Doughney, Leisure Services Director; Harvey Lincoln, M & B Manager; Mike Bowers, Road and Bridge Manager; Don Cole, Acquisitions Manager; Don West, County Engineer; Jack Southard, Public Safety Manager; Charlie Bicht, Purchasing Manager; David Kelly, Planning Manager; Gayla Barwick, Tourism Manager; Susan Kilmer, Library Manager; Deputy Nickel; A. Millie Delgado, Deputy Clerk 1. MINUTES (1029) It was moved by Com. Hutchinson, seconded by Com. Coward, to approve the minutes of the meeting held March 9, 1999; and, upon roll call, motion carried unanimously. 2. PUBLIC COMMENTS (1035) Mr. David Keown, Lakewood Park resident, addressed the Board requesting they appoint a member to the Utilities Authority. Mr. Keown questioned staff certifications. The Utilities Director addressed Mr. Keown's questions. Ms. Patricia Ferrick, representing the North Fork Property Owners, addressed regarding the pollution of the river and read a letter into the record from the association. 3. CONSENT AGENDA (1042) Com. Barnes requested a list of the finalists for the position of Public Information Officer and requested input from the Board members regarding the selection of the individual. Com. Barnes questioned item C-II-B, and advised staffhe did not want the boat ramp completed before all road improvements are completed. Com. Barnes requested that on item C-8C- the $20,000. be contingent upon the other counties matching the amount for representation on the Treasure Coast Sports Commission. -1- ~:': ;:~.......:,-~-~-" '-' ....,,¡ Com. Coward commented in favor of the Sports Commission and stated he felt this would be very lucrative to the area. Com. Barnes commented on item C-8-A and stated if the county will not be receiving assistance from Tallahassee for the entire route, then the county should wait until DOT re-builds the road and then they would have to construct the bike path. ~.; The Public Works Director addressed Com. Barnes' statement. He advised those present that the intent of designing the entire bikeway system was conditioned on receiving funds from the state. However, unless a plan is in place we will not receive the funding. He suggested doing the plan which would include a separate trail that would tie into the parks system that exists on the island. The Public Works Director stated the funding for the 2 miles is available and in place once the design is done, however, they will take a look at the additional miles and make sure funding is available also. Com. Coward stated he was in favor of this project, however, at the present time, he felt uncomfortable voting in favor until more information has been obtained and reviewed. He suggested the item be tabled until the necessary information is obtained. It was the consensus of the Board to table this item for 2 weeks. Com. Coward questioned item C-2B and asked if staff had used the RFP process for this selection. The Public Works Director addressed Com. Coward's question. The County Attorney advised the Board that this firm was on the short list of contracted firms. If the Board desires they could go through the RFP process again since the contracts do have a 30 day termination clause. Com. Coward suggested going through the RFP process again to see what other options are available. It was the consensus of the Board to table this item for one week. It was moved by Com. Barnes, seconded by Com. Bruhn, to approve the balance of the Consent Agenda with items C-8A; C-2B, C-6C pulled; and, upon roll call, motion carried unanimously. 1. WARRANT LISTS The Board approved Warrant List Nos. 24 and 25 as attached. 2. PUBLIC WORKS A. Resolution No. 99-71,99-72,99-73 and 99-74 The Board approved the resolutions authorizing the installation of four way stop signs at the intersections of Savannah Street and Silver Oak Drive, Savannah Street and Pinetree Drive, Savannah Street and Palm Drive, and Savannah Street and Sunset Blvd., in Indian River Estates. .":j -2- <\ ~ ,-- --~~'- '-' ...., l',",' ~.,\,.,.:,,-, ,'~-I 03/12/99 ST. LUCIE COUNTY - BOARD pAGE 1 FZABTJARR TJARRANT LIST 124- 06-MAR-99 TO 12-MAR-99 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 98,126.80 0.00 001116 Sec 112/MPO/FHTJA/Planning 98/99 256.20 0.00 001120 Communi ty Services Block. Grn t 98/99 15.18 0.00 001235 TOC Planning Gran t 98/99 52.67 0.00 101 Transportation Trust Fund 40,316.64 0.00 101001 Transportation Trust Interlocals 52,209.26 0.00 101002 Transportation Trust/80% C~nstitut 105,212.17 0.00 101003 Transportation Trust/Local Option 149,404.84 0.00 101006 Transportation Trust/Impact Fees 21,541.80 0.00 102 Unincorporated Services Fund 3,748.43 0.00 102001 Drainage Maintenance MSTU 4,704.40 0.00 102103 Urban & Community Forestry 97/98 69.81 0.00 105 Library Special Grants Fund 157.92 0.00 107 Fine & Forfeiture Fund 70,696.24 626.40 121 Blakely Subdivision Fund 66.03 0.00 140 Port & Airport Fund 7,609.67 0.00 160 Plan Maintenance RAD Fund 812.19 0.00 170 Court Facilities Fund 459.52 0.00 182 Environmental Land Acquisition Fund 106. 77 0.00 183 Ct Administrator-19th Judicial Cir 1,079.94 0.00 183001 Ct Administrator-Arbitration/Mediat 269.29 0.00 183002 Ct Admin.-County Arbitration/Mediat 487.50 0.00 185203 FHFA-SHIP 98/99 133.95 0.00 186 Recycling Operating Fund 13,392.34 0.00 186202 DEP-Recycling & Education 98/99 1,111. 95 0.00 204 Communication System I&S Fund 109,925.83 0.00 316 County Capital 5,225.00 0.00 352 SHI TJastewater Treatment Proj Fund 269,753.87 0.00 401 Sanitary Landfill Fund 169,722.77 0.00 401217 DEP-TJaste Tire 98/99 1,268.52 0.00 418 Golf Course Fund 13,747.83 0.00 421 H.E.TJ. Utilities Fund 43.16 0.00 441 North Hutchinson Island Utilities 46,068.89 0.00 451 S. Hutchinson Utilities Fund 14,506.00 0.00 461 Sports Complex Fund 26,034.18 0.00 491 Building Code Fund 1,054. S4 0.00 501 Automated Services Fund 12,521. 92 0.00 505 Health Insurance Fund 22.59 7,301.79 510 Servi ce Garage Fund 21 , 484. 11 0.00 611 Tourist Development Trust-Adv Fund 2,087.64 0.00 625 Law Library 31,691. 25 0.00 671 TJagner Place Fund 750.00 0.00 GRAND TOTAL: 1,297,949.61 7,928.19 , . -3- ~ , . _~'.; -ii'~,'..:~;j:::~~l·'2.:;..:~~:~ ~.:,~~,'~':~~~:'~<; '~~.:....~.~~.~.~~~.~~: ':''::~' ~~~=~·;:~f';: ;'..~?i'~{;~~;.~'" .. -"~'·l,~--~~~~':"'·?Þ,1!b~~~i ,.~...---~....-----. ~ '-' 03/22/99 sf. LUCIE COUNTY - BOARD pAGE 1 . ....__ a'-- . FZABVARR vARRANT UST #25- 13-MAR-99 TO i 9-MAR-99 FUND SUMMARY -~ TITLE '.1 EXPENSES pAYROLL ..sç::,,~ FUND 001 General Fund 106,207.79 267,985.75 001116 Sec 112/MPO/FHVAJPlanning 98/99 37.56 3,481.31 001120 Community Services Block Gmt 98/99 1,538.65 0.00 001235 TDC Planning Grant 98/99 5.99 648. 11 001236 TDC Non-Sponsored Trip Grant 98/99 16,500.00 0.00 101 Transportation Trust Fund 76,368.27 89,524.16 101001 Transportation Trust Interlocals 43,077.78 0.00 101002 Transportation Trust/80r. Constitut 5,660.00 0.00 101003 Transportation Trust/Local Option 1 ,720. 00 0.00 102 Unincorporated Services Fund 678.13 30,366.10 102001 Drainage Maintenance HSTU 1 , 844. 11 2,914.08 102103 Urban & Community Forestry 97/98 11.50 936.80 105 Library Special Grants Fund 1,729.00 1,268.80 107 Fine & Forfeiture Fund 84, 911. 00 52,083.78 140 Port & Airport Fund 13,639.99 7,477 .09 160 Plan Maintenance RAD Fund 76.54 3,257.29 182 Environmental Land Acquisition Fund 17.48 1,431.39 183 Ct Administrator-19th Judicial Cir 476.47 4,315.83 183001 Ct Administrator-Arbitration/Hediat 87.68 1,716.80 183004 Ct Admin.- Teen Court 0.00 897.60 183204 Court Reporter Gant-In-Aid 98/99 3,042.00 0.00 183206 FDJJ-Teen Court 98/99 13.80 1,138.46 185201 FHFA-185-SHIP 96/97 0.00 231.18 185202 FHFA- SHIP 97/98 14,342.94 0.00 ....- 185203 FHFA-SHIP 98/99 15.18 1,001.62 186 Recycling Operating Fund 153.63 1,334.69 186202 DEP-Recycling & Education 98/99 2,380.90 444.89 215 5-Yr Bldg Bond Anticipat.I&S Fund 994,042.50 0.00 282 Environmental Land I&S Fund 475.00 0.00 315 County Building Fund 73,522.00 0.00 315201 DOS-315-Fort Pierce Branch Library 6,277.50 0.00 316 Coun ty Capi tal 14,380.00 0.00 316001 Transportation Capital 2,640.00 0.00 352 SRI Vastewater Treatment Proj Fund 562,437.70 0.00 362 Sports Complex Improv Fund 31 , 908 . 44 0.00 382 Environmental Land Capital Fund 78,100.00 0.00 401 Sanitary Landfill Fund 8,888.89 24,757.24 401217 DEP-Vaste Tire 98/99 2,241.00 0.00 418 Golf Course Fund 11,599.12 16,163.58 421 H.E.V. Utilities Fund 228.52 149.53 441 North Hutchinson Island Utilities 147,636.12 2,491.85 448 Renewal & Replacement Fund 494.11 0.00 451 S. Hutchinson Utilities Fund 1,849.15 2,342.34 461 Sports Complex Fund 2,844.04 10,261.72 491 Building Code Fund 282.82 13,962.04 501 Automated Services Fund 23,811. 37 52,780.52 505 Health Insurance Fund 79,076.62 0.00 505001 Property/Casualty Insurance Fund 384.34 0.00 510 Service Garage Fund 3,521.00 8,010.29 611 Tourist Development Trust-Adv Fund 7,770.38 2,697.31 615 Impact Fees Fund 44,226.33 0.00 625 Law Library 6,717.72 0.00 GRAND TOTAL: 2,479,891.06 606,072.15 "I ,.c '~;1 -4- '-' 'wi .,:w,,".,~.-::..-ø:~.!-,';'': B. Solid Waste- This item was pulled. 3. INVESTMENT FOR THE FUTURE A. Stormwater MSTU- The Board approved Change Order No. 14 to the contract with Hazen and Sawyer, P.C. for additional surveying and engineering design for the White city canals D,F and G in the amount of$21,505 and authorized the Chairman to sign and establish the project budget as outlined. B. South 25th St. Widening- The Board approved Change Order No.6 to the contract with Dickerson Florida, Inc., in the amount of$119,277.87 for road and drainage improvements and authorized the Chainnan to sign. C. South 25th St. Widening- The Board approved Change Order No.7 to the contract with Dickerson Florida, Inc., in the of$12,000 for road and drainage improvements and authorized the chairman to sign. D. Bridge Replacement- The Board approved Change Order No.6 to the contract with Kimley Horn and Associates for design of the Orange Avenue and Header Canal bridge replacement in the amount of $24,900 and authorized the chairman to sign. 4. COUNTY ATTORNEY A. Ridgehaven Subdivision- The Board approved advertising the Notice of Intent to Abandon a portion of the right of way of Abbott Street and a strip ofland with an undefined width lying East of Lots 9,10,11,12, and 13 of Ben Hogg's Subdivision of Section 28, Township 34S, Range 40 E. B. North AlA MSBU- The Board approved accepting the dedication of the proposed public utility easements for the North A-1-A MSBU Parcels 1,2,3, and 4 and authorized the chairman to execute Resolution Nos. 99-77,99-78,99-79 and 99-80. C. Lease Amendment- The Board approved the second amendment to the lease with Adept Loving Care and authorized the Chainnan to sign upon receipt of the signed originals. D. InclrÏo North Savannas Project- The Board approved the option agreement for Parcel 116 and authorize the chairman to execute the agreement. E. Certificate of Public Convenience and Necessity- The Board approved the determination that Community Transit is in compliance with the terms of its Class F Certificate of Public Convenience and Necessity and Chapter 1-12.5 of the St. Lucie County Code of Ordinances and Compiled Laws, and approve the renewal of the CON for an additional two years. F. Certificate of Public Convenience and Necessity- The Board approved the determination that Port St. Lucie Volunteer Ambulance Service is in compliance with the terms of its Class B Certificate of Public Convenience and Necessity and Chapter 1-12.5 of the St. Lucie County Code of Ordinances and Compiled Laws, and approved the renewal of the CON for an additional two years. G. John Brooks Park- The Board approved the Interlocal Agreement with the Mosquito Control District for Australian Pine eradication. H. Indrio North Savannas Project- The Board approved the option agreements for Parcel Nos. 133,142,154,159,165,174,206,220,221 and authorized the Chairman to execute the agreements. -5- '-' ....",¡ 5. PERMISSION TO ADVERTISE RECOMMENDED FOR A NIGHT MEETING A. County Attorney- The Board approved advertising a public hearing on Ordinance No. 99- 14 which prohibits parking on Oleander Avenue from the intersection of Kanner Drive for 600 feet north on April 6, 1999. B. Community Develofment- The Board approved advertising the following public hearings for April 6, 1999: _ FATHER MICHAEL SAJDA- for a change in zoning from RS-3 zoning district to I zoning district. _ FORT PIERCE AIR CENTER-HANGAR 12 for a major adjustment to an existing Conditional Use at the St. Lucie County International Airport to construct Hangar E-12. _ JET SERVICE CENTER- for a major adjustment to an existing Conditional Use at the St. Lucie County International Airport to expand the daily operations. _ ORDINANCE No. 99-02- which proposes general amendments to the St. Lucie County Land Development Code (second public hearing) _ PETER L. SANDEFUR- for a variance from Section 6.02.02 ofthe St. Lucie County Land Development Code. C. Uti1ities- The Board approved advertising a public hearing on the purchase of Holiday Pines Service Corporation on April 20, 1999. 6. MANAGEMENTIBUDGET A. Resolution No. 99-40- The Board approved the budget resolution establishing the budget for the State Criminal Alien Assistance Program grant. B. Library Agreement- The Board approved the agreement with the Division of Library and Information Services for a technology equipment grant. C. Grant Agreement- This item was pulled. 7. HUMAN SERVICES A. Treasure CM- The Board approved Modification No.1 and the amended Community Action Plan and authorized the Chairman to sign all documents. B. Resolution No. 99-72- The Board approved the resolution formalizing the designation of the Sheriffs Office as the law enforcement agency responsible for transporting Baker Act clients. 8. COMMUNITY DEVELOPMENT A. South A-1-A Bike Paths- This item was tabled for two weeks. B. Resolution No. 99-11- The Board approved the resolution supporting the addition of 10.86 acres into Hobe Sound National Wildlife Refuge for the protection of the endangered Lakela's Mint. C. Tourism- The Board approved granting $20,000. in resort taxes to the Treasure Coast Sports Commission and authorized the Chairman to sign the grant agreement as prepared by the County Attorney's office. -6- '-' 'wi 9. UTILITIES/RECYCLING A. Permission to apply- The Board approved applying for an Alternative Water Source Grant from South Florida Water Management District and authorized the Chairman to sign the application. B. Budget Amendment No. 99-109/Equipment Request No. 99-20~- The Board approved the amendment and the equipment request for the purchase of a computer system and printer for the Recycling Coordinator. 10. PURCHASING Bid No. 99-34- The Board approved awarding the bid for installation of floor tile in the Courthouse to American Tile and Carpet, Inc., in the amount of$32,118 and authorized the Chairman to sign the contract as prepared by the County Attorney. 11. LEISURE SERVICES A. EQ 99-75- The Board approved an increase of $1 ,91 0 for the purchase of a top dresser for the Parks Division. B. 1999 FIND Waterways Assistance Program- The Board approved authorizing the submission of an application to the Florida Inland Navigation District requesting funding assistance in the amount of $290,000 to help construct the proposed Ft. Pierce Inlet Boat Launch Area; and authorized the Director of Leisure Services or his designee to serve as project liaison; approved Resolution No. 99-75 authorizing the project and authorized the Chair to execute the same. 12. ADMINISTRATION A. Public Information Officer- The Board approved the salary level of Pay Grade 32 for the Public Information Officer. B. Automated Services- The Board approved the recommendation of the Automated Services Board of Governors and staff to select MGT of America to conduct a management study and direct staff to negotiate a contract with the firm and return the Board for approval. 13. AIRPORT Curtis King Blvd.- The Board approved Change Order No.1 to the contract with URS Greiner for engineering services in the amount of $9,660., and authorized the Chairman to sign subject to the approval of the FDOT. REGULAR AGENDA 4. COUNTY ATTORNEY (1-1843) Cable Franchise Agreement Transfer- For consideration before the Board was staff recommendation to deny the transfer of control of the cable television franchise from AT & T to Media One and authorize the Chair to sign the resolution. This public hearing is continued from the March 9, 1999 Commission meeting. The County Attorney addressed the Board on this item and advised them that staff is now recommending the public hearing be continued on April 6, 1999 at 7:00 p.m. or as soon thereafter as possible due to the fact they received a letter from Media One and TCI requesting this continuance because they are still working with our cable consultants. -7- ~ ..¡;:;:r;'<:,.,.......·"r:J:"'I '-' ;<;.:"'ô....,;;,¿-.;.,··'"":".; 'wi Com. Hutchinson questioned the article in the paper regarding the merger which might be taking place. The County Attorney stated he would look into the merger and return to the Board with information. '.J Com. Coward requested information from new company as to whether or not they will provide cable service to areas which are presently at a low density and considered "dead zones". The County Attorney asked for a letter stating the areas of concern and he will write to Media One and ask why or why not they can provide service. This public hearing will be continued on April 6, 1999 at 7:00 p.m. or as soon thereafter as possible. 5. PUBLIC WORKS(1-2l2l) A. Solid Waste- This item has been pulled. B. Road and Bridge- Consider staff recommendation to approve the FPUA Annexation Agreement and authorize the chairman to sign the Agreement as prepared by the County Attorney. Com. Hutchinson questioned the city's annexation policy. The County Administrator advised Com. Hutchinson that in various contacts with the city on various issues and they refused to change their policy on annexation. Com. Lewis stated although she does not agree with the annexation, at this time she would be willing to support this just for the purpose of getting off the septic tank system. Com. Coward concurred with Com. Lewis and stated the greater need is to move forward with the necessary facilities. Com. Barnes concurred with Com. Lewis and Com. Coward. Com. Hutchinson stated she concurs with the other members but would ask that staff continue on-going efforts regarding the annexation policy. Com. Bruhn stated his opposition to the annexation demand by the FPUA. It was moved by Com. Barnes, seconded by Com. Coward, to approve staff recommendation; and, upon roll call, the vote was as follows: Nay: Bruhn; Aye's: Hutchinson, Coward, Barnes, Lewis; motion carried by a vote of 4 to 1. 6. ADMINISTRATION (1-2369) Resolution No. 99-83- Consider staff recommendation to approve the resolution establishing the S1. Lucie County Restudy Coordination Committee. .~ It was moved by Com. Barnes, seconded by Com. Coward to approve staff recommendation; and, upon roll call, motion carried unanimously. '"1 -8- ~ ~~...~--,=¡. '.~-'-. '~"'""'~.~."'-'¡., -' .\.1 'wi B. Hold Hannless Amendment- Consider staff recommendation to authorize the Chairman to send a letter to the Legislative Delegation asking their support of a "Hold Hannless" amendment to the House tax package for the intangible tax reduction. Com. Bruhn agrees with the deletion of the intangible tax, however, he does not agree that we should return some money. , The County Administrator advised the Board that this is tax based on receivables. Com. Barnes stated he does not believe tax dollars should be taken to pay for something that is not related. He asked the county not take an official position on the deletion of the tax. Com. Coward stated he did not know enough about the intangible tax issue to take a position on it and concurred with Com. Barnes' suggestion. The County Administrator stated they could remove the second sentence as well as the sentence pointed out by Com. Lewis and make the necessary changes reflecting that the county is not taking a position on the intangible tax issue. Com. Hutchinson stated she was in favor of keeping in the wording where the county is in support of deleting the tax. Com. Coward stated he felt we could send the message without taking a formal position and still include some language regarding the intangible tax. Staff at this point was attempting to reconstruct the letter and stated they would present it to the Board before the end of this meeting. ** The Board at this time moved on to the next issue on the agenda until proper wording of the letter was determined. 7. COUNTY ATTORNEY(1-3531) A. Indrio North Savannas Project- Consider staff recommendation to approve the option agreement for the roads to be donated by JSM Holding Corp., Inc. The County Attorney advised the Board that they will make it clear that the county will not take responsibility for maintaining the roads and their ultimate goal is to abandon the roadways. It was moved by Com. Coward, seconded by Com. Bruhn, to approve staff recommendation; and, upon roll call, motion carried unanimously. B. Avenue D- Consider staff recommendation to approve the second amended and restated interlocal agreement with the city of Ft. Pierce for improvements to Avenue D. The amount of the agreement is $1,322,000 over a five year period commencing with fiscal year 1999-2000. Com. Coward suggested the removal of the sentence" additional expenditures are subject to the approval of the BCC " on page 3 item # 5 since the county has already put in a maximum amount and does not want further issues coming back to the Board. The County Attorney concurred with Com. Coward's recommendation and stated he would send the city a draft signed with the deletion for their approval. -9- --_.--- \.r' '-' It was moved by Com. Barnes, seconded by Com. Bruhn, to approve the amended agreement with the deletion of item 5 on page 3; and, upon roll call, the vote was as follows: Nay: Hutchinson; Aye's: Coward, Bruhn, Barnes, Lewis; motion carried by a vote of 4 to 1. C. St. Lucie County Job Growth Investment Grant Agreements- Consider staff recommendation to approve the grant agreements with Maverick Boat Company, Inc., Phoenix Metal Products, Inc., and ATX Fonns, Inc. and authorize the Chainnan to sign. It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve staff recommendation; and, upon roll call, motion carried unanimously. UNAGENDAD ITEM Resolution No. 99-84- Consider staff recommendation to approve the Resolution Declaring a State of Local Emergency. Fire Chief, Paul Haigley, addressed the Board on the issue regarding brush fires and the dangers of the dry conditions. CONTINUANCE OF ITEM 6-B The Management and Budget Manager gave a final reading of the letter to be sent to the Legislative Delegation asking their support of a "Hold Harmless" amendment to the House tax package for the intangible tax reduction. BOARD COMMENTS Com. Barnes commented on the Article V funding and asked that all the Constitutional Officers as well as the Board communicate with the State as far as what will be needed in order to fund their areas and that it not be taken from the County revenue sharing fund. At this time the BCC recessed. Reconvened: 11 :07 a.m. Com. Hutchinson suggested the Board hire it's own lobbyist for different agendas and issues. The County Administrator stated he would look into the matter and advise the Board of the outcome. Mr. David Keown, Lakewood Park resident, addressed the Board regarding the intangible tax. CONTINUANCE OF ITEM 6-B Com. Barnes requested from staffthat when there is an item on the agenda regarding any budgetary requests that all Constitutional Officers be notified. The County Administrator read the letter into the record as re-written. The Board members continued to request modifications to the letter. It was moved by Com. Coward, seconded by Com. Bruhn to approve the revised letter; and, upon roll call, motion carried unanimously. -10- '-' 'wi There being no further business to be brought before the Board, the meeting was adjourned at 11 :20 a.m. Chairman Clerk of Circuit Court '-,) -11- ~ 'wi AGENDA REOUEST ITEM NO..:2.h DATE: April 6, 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. 99-91 - Proclaiming AprilS, 1999, through April 11, 1999, as "PUBLIC HEALTH WEEK" in St. Lucie County, Florida. BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 99-91 as drafted. COMMISSION ACTION: M APPROVED [] DENIED [ ] OTHER: CONC CE: County Attorney: ;ì Review and ADDrovals Management & Budget Purchasing : Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 '-'" 'wi ;J e) INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO: 99-448 DATE: April 1, 1999 SUBJECT: Resolution No. 99-91 - Proclaiming AprilS, 1999, through April 11, 1999, as "PUBLIC HEALTH WEEK" in St. Lucie County, Florida BACKGROUND: Public Health prevents epidemics and the spread of disease, protects against environmental hazards, prevents injuries, promotes and encourages healthy behavior, responds to disasters, assists communities in recovery, and assures the quality and accessibility of health services. The U. S. Department of Health and Human Services has designated AprilS - 11, 1999, as National Public Health Week and the theme for this annual event is Heal thy People in Heal thy Communities. The Business Manager for the St. Lucie County Health Department has requested that this Board proclaim AprilS, 1999, through April 11, 1999, as Public Health Week in St. Lucie County, Florida. The attached Resolution No. 99-91 has been drafted for that purpose. ~ """ RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt the attached Resolution No. 99-91 as drafted. DSM/cac Attachment '-" ....." RESOLUTION NO. 99-91 A RESOLUTION PROCLAIMING APRIL 5, 1999, THROUGH APRIL 11, 1999, AS "PUBLIC HEALTH WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Public Health prevents epidemics and the spread of disease, protects against environmental hazards, prevents injuries, promotes and encourages healthy behavior, responds to disasters, assists communities in recovery, and assures the quality and accessibility of health services. 2. The U. S. Department of Health and Human Services has designated April 5 - 11, 1999 as National Public Health Week and the theme for this annual event is Healthy People in Healthy Communities. 3. During Public Health Week, the St. Lucie County Department of Health has planned activities to inform, educate, empower people about health issues, and mobilize community partnerships to identify and solve health problems. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim April 5, 1999, through April 11, 1999, as "PUBLIC HEALTH WEEK" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to participate in the activities scheduled to promote Public Health Week in St. Lucie County. PASSED AND DULY ADOPTED this 6th day of April, 1999. '-' ....." ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY '-" ....,.¡ ITEM NO. ..6A...... AGENDA REQUEST DATE: April 6, 1999 REGULAR [ ] PUBLIC HEARING [XX] CONSENT [ ] SUBMITTED BY(DEPT): ENGINEERING DIVISION PRESENTED BY: (~~~i-~~ County Engineer TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Ideal Holding Road M.S.B.U. Public Hearing Approval to Peñorm the Project Using In-house Labor Services BACKGROUND: See Attached Memorandum FUNDS AVAIL. (State type & No. of transaction or N/A): N/A PREVIOUS ACTION: March 9, 1999 - The Board granted permission to advertise public hearing to Construct the Project Using In-House Labor Services March 2, 1999 - The Board granted permission to advertise the Second Public Hearing to levy an assessment and proceed with construction of the Project. RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 99-087 to approve constructing the Project using in-house labor services, employees, and equipment to construct the unpaved portion of Ideal Holding Road. COMMISSION ACTION: [v1 APPROVED [] DENIED [ ] OTHER: NCE: o as M. Anderson County Administrator [.,county Attorney' ~ [X)Public Works Dir: ·(A.r--- , Coordination/Sianatures [x]CO Engineer: r ..Àf~ [)Hanagement & Budget: [x)HSBU Coer: ~ [)Other: [ ) Purchasing: [ ) Finance: ~. 1 ......, S4 COMMISSION REVIEW: March 9,1999 ENGINEERING MEMORANDUM NO .99-067 TO: FROM: DATE: SUBJECT: Board of County Commissioners County Engineer March 8, 1999 Ideal Holding Road M.S.B.U. Approval to Perform the Project Using In-house Labor Services" BACKGROUND This public hearing precedes the second public hearing, which levies the preliminary assessment roll and grants approval to proceed with construction of the project. On August 20, 1996, the Board adopted Resolution No. 96-194 creating the Ideal Holding Road MSBU; authorized staff to proceed with designing the project by in-house staff and to prepare a preliminary assessment amount based upon constructing a portion of the project using in-house labor forces. Pursuant to Section 255.20, Florida Statutes, in order for the Board to perform a construction project for an estimated cost of more than $200,000 using in-house services, employees, and equipment, it is necessary for the Board to first hold a duly advertised public hearing and find by a majority vote that it is in the public's best interest to perform the project using in-house forces. Staff proposes to use St. Lucie County's Special Projects Crew to construct the project with the exception of the paving and sodding which will be contracted to an outside firm. By utilizing existing in-house labor forces at no cost to the MSBU Project, the costs savings to the property owners is as follows: In-House Program vs. Contractor $263,000 $448,000 RECOMMENDATION Staff recommends that the Board adopt Resolution No. 99-087 to approve the use of in-house labor services, employees, and equipment to construct a portion of the Ideal Holding Road MSBU. DBW/bp cc: Staff Concurring Michael Powley, Projects Engineer g:\wp\idealh\aga-Iabor.wpd '-' '-' RESOLUTION NO. 99-087 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO CONSTRUCT THE DRAINAGE IMPROVEMENT PORTION OF A PROJECT TO BENEFIT THE IDEAL HOLDING ROAD MUNICIPAL SERVICES BENEFIT UNIT USING ITS OWN SERVICES, EMPLOYEES, AND EQUIPMENT; DETERMINING THAT IT IS IN THE PUBLIC'S BEST INTEREST TO PERFORM THE DRAINAGE IMPROVEMENT PORTION OF THE WORK USING THE BOARD'S OWN SERVICES, EMPLOYEES, AND EQUIPMENT; AUTHORIZING THE COUNTY ENGINEER TO PROCEED WITH THE PROJECT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on July 23, 1998, pursuant to Chapter 1-13.5 of the St. Lucie County Code of Ordinances and Compiled Laws and Section 197.3632, Florida Statutes, the Board of County Commissioners of St. Lucie County, Florida (the "Board") adopted Resolution No. 96-194 which created the Ideal Holding Road Municipal Services Benefit Unit (the "MSBU") to fund the cost of a Project to construct paving and drainage improvements to Ideal Holding Road (the "Project") in St. Lucie County; a copy of a map showing the boundaries of the Ideal Holding Rod MSBU is attached as Exhibit II A"; and WHEREAS, the Board, as the governing body of the MSBU, intends to construct the drainage portions of the Project using its own services, employees, and equipment (the "Drainage Improvements"); and WHEREAS, on Apri16, 1999, pursuant to Section 255.20, Florida Statutes, the Board held a duly advertised public hearing (the "Public Hearing") to consider whether it is in the public's best interest to perform the drainage improvement portion of the Project using its own services, employees, and equipment; and WHEREAS, it is necessary to construct the drainage improvements utilizing in-house labor services in order to minimize the cost of the Project; and. WHEREAS, based on the evidence and testimony presented during the Public Hearing, this Board has determined that it would be in the public's best interest to perform the drainage improvements using its own services, employees, and equipment to construct a portion drainage improvements for the Project because by using it's own forces, the cost of the Project can be '- .....,¡ significantly decreased and, therefore, the amount assessed against the property owners within the MSBU will be reduced. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: The drainage improvement portions of the Project will be constructed using in-house services, employees, and equipment. Section 1: By utilizing in-house labor services for the drainage improvement portion of the improvements in lieu of contracting out the entire Project, the cost savings to the property owners is estimated to be forty-seven (47%) percent. Therefore, the Board has determined that to construct the Project more cost effectively, it is necessary to utilize existing in-house labor services for the drainage improvement portion of the Project. Section 2: The Board has determined that its in the public's best interest to perform the drainage improvement portion of the Project using its own services, employees, and equipment. Section 3: The S1. Lucie County Engineer (the "County Engineer") is hereby authorized to proceed with the Project. Section 4. This Resolution shall be effective upon adoption. PASSED AND DULY ADOPTED this 6th day of April, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney -2- "-' ...,¡ EXHIBIT A -3- ~or__ ~~'-T 'Z/ø,~ -r!,4 113 ¡"'ï'n~í-"'~ ~ _', F _, ¡¡!~~.' ,10., 1 ì ..,.~.'-.II.._.""'.D. ..... .....O~~.. .._...c. -...-1'> .......,...... ...... (;) '- . 2) -- / \ ! Å. , \ .. 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LIJCIE COOKIY. f\.ORIOo\ ~ ,..-~- ... ~ ~ ~y...~... ,.....o~...,..·e:....x...c... c..··-··--/·) .................... - . c.. . -:>. F-."'. c.. D. ~ .., ". ~. . '.".~ ...... c.___.. --..-- ---- .,..,........ ........ . "z-__'_ ....., ~ . ..__A ~t~'" T ~= = . , ...,..·f ....'Þ. ~ . .- --.-.- ~. ."'-~.,' .. ..:"" ~. "A~.I II: (HI-..· . .., ,........... . ~zl ....-... . .~.., '),~ ,_.~ '......4 ........... ..,,,,,. ..."..... _.- ........ ..........,. _. "rIA. ¥. ._6 .. ......:::=10) ......~ ,......:=.J. (. ~ -~. ..-. ..-: 1 ..,.«.....' .ul...· I: .' .... ~/ .....-. -....- .r..... 0-- '='CO'!oo"'-'- G'" ,....- ........ I......· c.__' ,....... (.04"'Flt.l'S (....__t.. .)..~J' .' (~s..·_"--/7) .. - C^ 0) APR-05-99 11:05 AM CLOS~ L~H~~Ny -..J '-". --... "-- -- ...., 11.1 ßL I c.. w () R.. ¡( S, D t:.r?î' . 'Bo~ k! 1> 0 F= Cou ¡vT::1 CO t¡t¡ rY1 .~ 55 J ~ ,J ~.~ '-tI ... II t ¡2, t:;;.: -;¡; 'De.JJ-L ~ L. 7) IIV g d2. () A Ù f 0 W ~ }"'V\ I î" fr1 fJ <4 Co ¡IJ ~~~ : (jJ Go # A 5 ¡V f3µJ C!.-D t'YI t:. -2..5 To 'T ./.G Cc yVP'Y'1 V ¡V ; 7 !::/ I Å k V t;. ...e. td m <.J ~. f.l I µ þ"fJ V 0 ¿ ...; ? j) tI /11.1 ~ :r ¡) 6.Þ-L. dJ..clÞ\l"}~ .f(OtJD. /.¡.!({!. buST ;S L{ J/ 66/J¡¿~ al£ ..- ¡Jµì::J . ?¡JV/N.g -.(- Dr<P(~AC¡e.- woul..P Ct:.-C·tJ/~!:j ¡JOD /D 1/J-E. Y ~t.v~ , J:' 0 r) (L ? /J.-¢ P t::.~ T J ~ . ?¿EIJ:.t fp<l& ~.,.¿ ~lD/U~ J6,,,,~, f;¡ ~ ,..;I! íJ 0 I.Á- Close & Brown Aero Acres '8~04 TranquÎlity Base Lane ort St. lucle. FL 34988 flJ~~'L -;¡::.ñ" "!JJl)'-ðð/.oo(¿,3..ft)ODI7 fed C1ÓSL ~~~w0 - '-" ..."",,¡ ITEM NO. ~ DATE: April 6,1999 AGENDA REQUEST SUBMITTED BY(DEPT): ENGINEERING DIVISION REGULAR [ ] PUBLIC HEARING [XX] CONSENT [ ] PRESENTED BY: ro!~~f~ ~ County Engineer TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Ideal Holding Road M.S.B.U. Paving and Drainage Improvements Second Public Hearing BACKGROUND: See Attached Memorandum FUNDS AVAIL. (State type & No. of transaction or N/A): N/A PREVIOUS ACTION: March 2, 1999 - The Board granted permission to advertise the Second Public Hearing. December 8, 1998 - The Board adopted Resolution 98-260 Stating the County's Intent to Use the Uniform Method of Collection. August 20, 1996 - The Board adopted Resolution 96-194 and authorized County Engineer to proceed with design of the project. July 23, 1996 - The Board accepted the Petition and granted permission to advertise for the Initial Public hearing to be held on August 20, 1996. RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 99-088 to levy a non- ad valorem special assessment on the Ideal Holding Road MSBU; approve the attached preliminary assessment roll; and authorize the County Engineer to proceed with construction of the Project. COMMISSION ACTION: M APPROVED [] DENIED [ ] OTHER: URRENCE: ouglas M. Anderson County Administrator [x]County Attorney (Jr [x]Public Works Dir ~ C6J Coordination/Sianatures [x ]Finance [x ]MgtlBudget [ ] Other ~ [ ]Purchasing [x]MSBU coor-l?? [x ]Co Engineer '-' ....." 56 COMMISSION REVIEW: April 6, 1999 ENGINEERING MEMORANDUM NO. 99-097 TO: FROM: DATE: SUBJECT: Board of County Commissioners County Engineey~~ March 24, 1999 Ideal Holding Road MSBU Paving and Drainage Improvements Second Public Hearing BACKGROUND Several property owners petitioned St. Lucie County to investigate the feasibility of creating a Municipal Services Benefit Unit (M.S.B.U.) to provide paving and drainage improvements to the unpaved portion of Ideal Holding Road. The Initial Petition received represented fifty-seven (57%) percent in support of the Project. An informal meeting was held on June 20, 1996 to explain the MSBU process, the proposed engineering design, and to provide an estimated project cost. At the request of the property owners present at the informal meeting, a re-polling petition was mailed to each of the affected property owners to determine if there is a clear majority in favor of proceeding with the project. Based upon the Initial Petition and the Re-polling results, sixty-four (64%) percent of the affected property owners wish to proceed with the Project. When based solely on the re-polling results, the percentage is fifty-eight (58%) percent. On July 23, 1996, The Board accepted the "Petition" and granted permission to advertise the Initial Public Hearing to be held on August 20, 1996. On August 20, 1996, The Board adopted Resolution 96-194 and authorized the County Engineer to proceed with preparing the engineering plans by in-house staff, and to consider this Project as a candidate for the "In-house" Road Paving Program. This is a public-private partnership which will result in a cost savings to the property owners in comparison to contracting out the entire Project. Ideal Holding Road is located approximately seven miles west of the Fort Pierce City Limits, south of Okeechobee Road (see attached location map) and is 1.56 miles in length. Seventy-seven (77) properties are located within the proposed MSBU boundary. Ideal Holding Road has an existing right-of-way width of 1 QQ', which is sufficient to physically fit the proposed improvements. The paved roadway will be 22' wide with level shoulders on both sides. A drainage system is necessary and would consist of wide grassed open swales along both sides of the roadway with the stormwater flow being directed to existing canal outfalls. The Project will be built to current St. Lucie County design standards, in order for the County to accept for maintenance. '-' ....." The method of assessment is based upon the "Equivalent Residential Unit" method, whereas each property owner is assessed equally for the improvements. This method was selected due to the location of the benefitted parcels in relation to the roadway. Only 8 of the 77 affected properties actually front on the unimproved portion of Ideal Holding Road. Aero Acres Subdivision, a residential community consisting of 68 lots, is located at the south end of Ideal Holding Road. The large tracts of land that bear the majority of front footage on the roadway (Le. pasture land, citrus, etc.) are developed consistent with the land use. Therefore, based on existing use (AG-5 Agricultural Use) of all affected properties, and due to the trips generated by Aero Acres, staff concluded that the "equivalent" method is the most fair and equitable method of assessment. The assessment methodology has been verified by an independent outside source, Culpepper & Terpening Engineers, Inc. The design and bid of the project is complete and the tentative assessment was mailed to the property owners. On February 11, 1999, an informal meeting was held with the property owners to explain the project design and the tentative assessment. It was the consensus of the owners present for staff to proceed directly to the second public hearing to adopt the assessment roll and commence with constructing the improvements. In the event the Project is not ultimately approved and constructed, the cost of preparing the plans, specification, bond validation hearing, and cost estimates may be assessed against the affected property owners within the Ideal Holding Road MSBU. RECOMMENDATION Staff recommends that the Board adopt Resolution No. 99-088 to levy a non-ad valorem special assessment on the Ideal Holding Road MSBU; approve the attached preliminary assessment roll; and authorize the County Engineer to proceed with construction of the Project. Ibp cc: Staff Concurring Finance Director OMS Manager Michael Powley, Project Engineer Property Appraiser Tax Collector g\wp\msbu\idealh\agenda2.wpd '-" 'wi RESOLUTION NO. 98-088 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA: DETERMINING THAT THE PROPOSED SPECIAL ASSESSMENTS FOR THE IDEAL HOLDING ROAD MUNICIPAL SERVICES BENEFIT UNIT TO FUND THE COST OF A PROJECT TO PROVIDE PAVING AND DRAINAGE IMPROVEMENTS TO PROPERTIES WITHIN THE IDEAL HOLDING ROAD MUNICIPAL SERVICES BENEFIT UNIT ARE JUST AND RIGHT; APPROVING AND CONFIRMING THE PRELIMINARY ASSESSMENT ROLL BASED ON THE EQUIVALENT RESIDENTIAL UNIT METHOD OF ASSESSMENT; LEVYING A NON-AD VALOREM SPECIAL ASSESSMENT ON THE REAL PROPERTY WITHIN THE IDEAL HOLDING ROAD MUNICIPAL SERVICES BENEFIT UNIT BASED ON THE APPROVED ROLL; AUTHORIZING COLLECTION OF THE SPECIAL ASSESSMENT BY THE UNIFORM METHOD OF COLLECTION; AUTHORIZING THE COUNTY DIRECTOR OF ENGINEERING TO PROCEED WITH THE PROJECT AND PROVIDING AN EFFECTIVE DATE WHEREAS, on July 23, 1996, based on the petition of fifty seven (57%) percent of the landowners pursuant to Chapter 1-13.5 of the St. Lucie County Code of Ordinances (the "Code"), the Board of County Commissioners for St. Lucie County (the "Board") adopted Resolution No. 96- 194 which created the Ideal Holding Road Municipal Services Benefit Unit (the "Ideal Holding Road MSBU') to levy non-ad valorem special assessments based on the equivalent residential unit method of assessment to fund the cost of a project to provide paving and drainage improvements to properties within the boundaries of the Ideal Holding Road MSBU in unincorporated St. Lucie County, Florida (the "Project"), and authorized the St. Lucie County Director of Engineering (the "County Engineer") to proceed with the Project pursuant to the procedures set forth in Section I- 13.5 of the Code ; and WHEREAS, on April 6, 1999 pursuant to Chapter 1-13.5 of the Code and Chapter 125 and Section 197.3632, Florida Statutes, the Board held a duly noticed and advertised second public hearing to consider propriety and advisability of the Project and to act as an equalizing board to consider the comments of affected land owners and other interested persons concerning the preliminary assessment roll for the Ideal Holding Road MSBU, proof of publication of the public hearing is attached as Exhibit II A"; and WHEREAS, after considering the comments of all interested persons, the Board has determined that the special assessments as set forth on the preliminary assessment roll for the Ideal Holding Road MSBU, attached hereto as Exhibit "B", are just and equitable. -1- '-'" '-" NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: The boundaries of the Ideal Holding Road MSBU which include the real property to be specially assessed to fund the cost of the Project are shown on the attached Exhibit "C". Section 2: The Project to be funded by a non-ad valorem special assessment levied by the Ideal Holding Road MSBU is to provide paving and drainage improvements to properties within the Ideal Holding Road MSBU in unincorporated St. Lucie County, Florida. Section 3: The method of assessment for the paving and drainage improvements shall be based on the equivalent residential unit method of assessment such that each property within the Ideal Holding Road MSBU shall share equally in the cost of the paving and drainage improvements. In addition, seven of the properties shall be assessed for the costs of providing driveway improvements as shown as item 3. on the preliminary assessment roll (Exhibit "B"). In both instances, the amount of the assessment does not exceed the benefit to the properties derived from the improvements. Section 4: The preliminary assessment roll (Exhibit liB ") for the Ideal Holding Road MSBU is hereby approved and confirmed and the assessment shall stand as a lien against the benefitted properties until satisfied. Section 5: A non-ad valorem special assessment (the "Special Assessment") in the total estimated amount of$612,236.29 which includes interest, to fund the Project as shown on the plans and specifications prepared by the County is hereby levied on the real property within the Ideal Holding Road MSBU (Exhibit "C") in the amounts set forth on the preliminary assessment roll attached as Exhibit "B". Section 6: The Special Assessment shall be collected by the uniform method of collection pursuant to Sections 197.3632 and 197.3635, Florida Statutes, as authorized by Chapter 1-13.5 of the Code beginning in November 1999 for a period offifteen (15) years. Section 7: The County Engineer is authorized to continue with the Project. 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"''''1'' (IN-Þ ... ,........... 3", -. -- ... , ... , (.....- I"·~ - 1..... ..,~ ,,- _.- ........ ,.,rl<1l. ¥. ø_6 ~. ......~t..L~1-! ..~ . ,-- ..I...· ....-. -.-' n' \:-1:7........... ( (I......... ... ... ,- ,.... c..."Rle (401__' ...... ".. (,,~.-_&&--, .. - C -- Wll ,/' ,.".. ITEM NO. $- (2~ AGENDA REQUEST DATE: April 6, 1999 REGULAR [ PUBLIC HEARING [XX] CONSENT [ TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : County Attorney Donald G. Cole Property Acquisition Manager SUBJECT: Public Hearing Abandonment of Drainage Easement Wide Waters Subdivision, Lot 1 Tiemeyer BACKGROUND: See attached memorandum FUNDS AVAIL.: N/A PREVIOUS ACTION: March 9, 1999 Public Hearing Request Permission to advertise for RECOMMENDATION: Staff recommends the Board approve Resolution No. 99-81 on the abandonment of part of the 201 drainage easement, instruct staff to record the Resolution in the Public Records and publish the final Notice of Abandonment and accept the relocated 201 Drainage Easement and record in the Public Records. COMMISSION ACTION: APPROVED [yI( DENIED OTHER:bring back in the name of St. Lucie ~o. work with property owners in resolve the lssue. as Anderson Administrator XX County Attorney: Eì1. Review and Approvals XX Engi~..<ing~~ xx PublJ.c Works: C~D.v, ~ Road & Bridge øÞ:.~~ xx Originating DePt:~ ~ Finance: (Check for Copy only, if applicable) E f f 5 / 9 6 '-' '-" Sc-- PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissibners FROM: Donald G. Cole, Property Acquisition Manager DATE: March 9, 1999 SUBJECT: Public Hearing Abandonment of Drainage Easement Wide Waters Subdivision, Lot 1 Tiemeyer The Property Acquisition Division received a r~est to abandon the majority of an existing 20' Drainage Easement ,from Mr. añëL.M.FS. Theodore N. Tiemeyer who is represented by Attorney Harold gelville. The purpose of the abandonment is to eliminate part of the existing 20' drainage easement because it substantially interferes with the peti tioner' s abili ty to develop the lot due to various set back requirements pertaining to construction activities. The petitioner feels it is not possible to construct the type and size of home appropriate for the subject lot and neighborhood. The peti tioner proposes to dedicate to St. Lucie County a 20' drainage easement at a different location on this lot, which removes the existing impediment for construction of his proposed home. The existing drainage easement area elevation is too high to accommodate normal storm water runoff. The proposed relocated drainage easement elevation is more accommodating to the flow of the water. A Notice of Intent for abandonment was advertised on July 17 and 24, 1998, and no objections were filed. All relevant public utilities have given written consent for the abandonment. County Department staff members have reviewed the petition and have filed no objections to the proposed abandonment. - '-' ....." It is not necessary to obtain consent from abutting property owners, as that portion of the proposed 20' wide drainage easement abandonment does not abut any other properties and does not adversely impact any offsite drainage. Pursuant to the Land Development Code, Section 11.10.03 uAccess to Wa ter" s ta tes: "No right-of-way, road, street, or public access way giving access to any publicly accessible waters in the County, shall be closed, vacated or abandoned except in those instances wherein the petitioner(s) offers to trade or give to the County comparable land or lands for a right-of-way, road, street or public access way to give access to the same body of wa ter, such access to be of such condi tion as not to work a hardship to the users thereof, the reasonableness of the distance and comparable land being left to the discretion of the Board of County Commissioners." As a condition to the abandonment, Mr. and Mrs. Theodore N. Tiemeyer shall convey a relocated 20' Drainage Easement on their property to the County in recordable form pursuant to the Land Development Code, Section 11.10.03 as stated in Paragraph 8 above. Attached is a copy of the executed proposed relocated drainage easement in behalf of St. Lucie County. The Notice of Abandonment was published on March 22, 1999. Also, attached is a topography/elevation survey and a sketch of the proposed home location on the property for your information. RECOMMENDATION: Staff recommends the Board approve Resolution No. 99-81 on the abandonment of part of the 20' Drainage Easement, instruct staff to record the Resolution in the Public Records and publish the final Notice of Abandonment and accept the relocated 20' Drainage Easement and record in the Public Records of St. Lucie County, Florida. Respectfully submitted, --- -- '\ ._=>-~ ~ ~ Donald G. Cole Property Acquisition Manager G:\acq\WP\BELINDA\ABANDONM\Tiemeyer\boccmemo april 6.wpd :; ~\\Jt~ , \,..0C\t '" ,;;,. / vO~ _ TO BE ABANDONED ~O~~ POINT OF' TERMINUS ~ 9 1P 2p 3p ..rïQDS; GRAPHIC SCALE IN m:T ~;Sj.~~ :£~1!:¿~~P shown hereon are relative thereto. .LB!ìBliD ~ =' CENTER UNE IS. =' CENTRAL ANGLE R =' RADIUS LENGTH L - ARC LENGTH poe ... POINT OF' COMMENCEMENT POB =' POINT OF' BEGINNING PLS ... PROFESSIONAL LAND SURVEYOR PROPOSED REL.c.leATED DRAINAGE EASEMENT PROPOSED DRAINAGE EASEMENT ABANDONMENT SOUTHWEST PROPERTY UNE OF' LOT 1 S3S-30'OO"E ~/ {v ~ v - .;:;^' 9Ja~ ~,~ !t 'ô0 ~ . :# . ~'? ~ t4G~ r / / / / EXISTING 20' DRAINAGE EASEMENT TO REMAIN LOT 2 WIDE WATERS (PLAT BOOK 17, PAGE 2) THIS :IS NOT A SURVEY 2 of 2 CONSUL ilNG ENGINEERS Ie LAND SURVEYORS " _ SOUTH 21th S1'RET FORT PII!:R<:Ii. ft.CftÐA 34M2 (.1)4&+::3537 , SKETCH OF DESCRIPTION F1Ie: OF Dàte: PROPOSED DRAINAGE EASEMENT Pr THEODORE a: CIA l1EMEYER Tech: BCS J( BE ABANDONED OPOSED STING . LEGEND <t. = CENTER LINE 15. = CENTRAL ANGLE R = RADIUS LENGiH L = ARC LENGiH p~C = POINT OF COMMENCEMENT POB = POINT OF BEGINNING PLS = PROFESSIONAL LAND SURVEYOR EXU DRAINAGE E, LOT WIDE WA T (PLAT BOOK 17. o 10 20 I I I I I GRAPHIC SiCAI.£ IN FEET ··œrœ 01' ~ IO' ~ ..t.1IIIIIU'Bft' .....- POINT OF TERMINUS " 't-- ~ .-\ -:s:- ...-(\ ~ ~ ~ 'é: Ç} ~ ~ L ~J \wi ....,¡ Instrument prepared by: Belinda V ose under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 RESOLUTION NO. 99-81 Dated: April 6, 1999 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, ABANDONING ANY INTEREST OF ST. LUCIE COUNTY AND THE GENERAL PUBLIC IN THE 20' DRAINAGE EASEMENT LYING IN LOT 1 OF WIDE WATERS SUBDIVISION AS RECORDED IN PLAT BOOK 17, PAGE 20 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners ofSt. Lucie County, Florida, has made the following determinations: 1. That Sections 177.101, Florida Statutes, as amended, and Section 11.10.01 et. Seq. of the St. Lucie County Land Development Code, provide that the County may adopt resolutions vacating plats, in whole or in part, of subdivision in whole or in part, which are under the jurisdiction of the St. Lucie County Board of County Commissioners. 2. That pursuant to Plat Book 17, Page 2, St. Lucie County and the General Public have a dedicated interest in the following described 20' drainage easement: A 20' wide Drainage Easement to be abandoned lying within Lot 1 of uWide Waters Subdivision" as recorded in Plat Book 17, Page 2 of the Public Records of St. Lucie County, Florida and more particularly described as follows: Commence at the intersection of the Southwest property line of Lot 1 of uWide Waters Subdivision" as recorded in Plat Book 17, Page 2 of the Public Records of St. Lucie County, Florida and the South right-of-way line of Turnabout Lane, (a 60' right-of-way with a 50' '-' "'-' radi us bulb): thence S38 degrees 30' 00" E a distance of 33.00'; thence N 60 degrees 30'00"E, a distance of 10.12' to the Point of Beginning of the center line of a 20' wide drainage easement to be abandoned, said easement lying 10' on each side and parallel to said center line; thence continue N 60 degrees 30'00"E, along said center line, a distance of 93.88'; thence N 80 degrees 38'00"E, a distance of 75', more or less to the North Fork of the St. Lucie River and the Point of Terminus. Said parcel contains 3,378 square feet, more or less. 3. The purpose of the abandonment is to eliminate part of the existing 20' drainage easement because it substantially interferes with the petitioner's ability to develop the lot due to various set back requirements pertaining to construction activities. It is not possible for the petitioner to construct the type and size of home appropriate for the subject lot and neighborhood. The petitioner proposes to dedicate to St. Lucie County a 20' drainage easement at a different location on this lot which removes the existing impediment for construction of his proposed home. The exi sting drainage easemen t area elevation is too high to accommodate normal storm water runoff. The proposed relocated drainage easement elevation is more accommodating to the flow of the water. 4. That a Notice of Intent to file a petition for abandonment of the 20' Drainage Easement located on Lot 1, Wide Waters Subdivision as recorded in Plat Book 17, Page 2 of the Public Records of St. Lucie County, Florida was advertised on July 17 and 24, 1998, and no objections were filed. - ~ -....I 5. All relevant public utilities have given written consent for the abandonmen t . 6. It is not necessary to obtain consent from abutting property owners, as that portion of the proposed 20' wide drainage easement abandonment does not abut any other properties and does not adversely impact any offsite drainage. 7. County Department staff members have reviewed the petition and have filed no objections to the proposed abandonment. 8. Pursuant to the Land Development Code, Section 11.10.03 uAccess to Water" states: UNo rigbt-of-way, road, street, or public access way giving access to any publicly accessible waters in tbe County, sball be closed, vacated or abandoned except in tbose instances wberein tbe petitioner(s) offers to trade or give to tbe County comparable land or lands for a rigbt-of-way, road, street or public access way to give access to tbe same body of wa ter, sucb access to be of sucb condi tion as not to work a bardsbip to tbe users tbereof, tbe reasonableness of tbe distance and comparable land being left to tbe discretion of tbe Board of County Commissioners." As a condition to the abandonment, Mr. and Mrs. Theodore N. Tiemeyer shall convey a relocated 20' Drainage Easement on their property to the County in recordable form pursuant to the Land Development Code, Section 11.10.03 as stated in Paragraph 8 above. - '--' 'wJ' 9. That the Notice of Abandonment was published on March 22, 1999. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida that the existing 20' drainage easement lying on Lot 1 of Wide Waters Subdivision as recorded in Plat Book 17, Page 2 of the Public Records of St. Lucie County, Florida, more particularly described above be and the same is hereby closed, vacated, and abandoned and any right of St. Lucie County and the general public in and to said land is disclaimed and renounced. Chairwoman Paula A. Lewis XXX Vice Chairman John Bruhn XXX Commissioner Cliff Barnes XXX Commissioner Doug Coward XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this 6th day of April 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA. DEPUTY CLERK RY· CHAIRWOMAN APPROVED AS TO FORM AND CORRECTNESS: RY· COUNTY ATTORNEY G:\acq\WP\BELINDA\ABANDONM\Tiemeyer\resolution.wpd - '-- '-" This instrument prepared by: Belinda Vose under direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 PROJECT NAME: Wide Waters Subdivision Tiemeyer PARCEL NO.: Part of Tax ID# 4436-510-0005-000/2 DRAINAGE EASEMENT THIS EASEMENT made this 5 day of March, 1999, between Theodore N. Tiemeyer and Patricia A. Tiemeyer. his wife. whose maiJing address is 24301 SW 182nd Avenue. Homestead. FI. 33031 as the Grantors, and ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, 2300 Virginia Avenue, Fort Pierce, Florida, as the Grantee. WITNESSETH: That the Grantors, in consideration of the sum of One Dollar and other valuable considerations paid, the receipt of which is hereby acknowledged, hereby grant unto the Grantee, its successors and assigns, a perpetual easement and right-of-way for the purpose of clearing, excavating, constructing and maintaining outfall and drainage ditches and drains in, upon and through the following described land in St. Lucie County, Florida to-wit: SEE ATTACHED EXHIBIT "A" TO HAVE AND TO HOLD the same unto the Grantee, its successors and assigns forever. IN WITNESS WHEREOF, the undersigned Grantors have hereunto set their hands and seals this ~ day of March, 1999. '--' ...., Signed, sealed, and delivered in our presence as witnesses: /// AS TO BOTH GRANTORS Tiemeyer ~~ WITN~ 'AS TO BOTH GRANTORS ~ a~ q J~-.-vtiY-U Patricia A. Tiemeyer STATE OF Florida D0\.c1<:- COUNTY OF BEFORE ME, the undersigned authority, this day personally appeared Theodore N Tiemeyer and Patricia A. Tiemeyer to me well known and known to me to be the individuals described in and who executed and the foregoing instrument, and they severally acknowledged before me that they executed the same for the purpose therein expressed. WITNESS my hand and official seal this A.D., ~. s day of March \ OFF!ëI/,t- N~)1?~ & ¡<,j" Y ~}~A ITH NŒARY pur;uc ST ¡;rE OF FLORIDA CO:Vú\AISSION NO. CC447718 MY COMMISSION EXP. MAR. 231999 ~LjJ.~ NOTARY PUBLIC IN AND FOR THE COUNTY AND STATE AFOREMENTIONED My commission expires: ~ '"wi DESCRIPTION A 20 foot wide Drainage Easement lying within Lot 1 of "WIDE WATERS SUBDIVISION" as recorded in Plat Book 17, Page 2 of the Public Records of St. Lucie County, Florida and more particularly described as follows: Commence at the intersection of the Southwest property line of Lot 1 of "WIDE WATERS SUBDIVISION" as recorded in Plat Book 17, Page 2 of the Public Records of St. Lucie County, Florida and the South right-of-way line of Turnabout Lane (a SO foot right-of-way with a 50 foot radius bulb); thence S38-30'OO"E a distance of 10.18 feet to a point on a curve, a radial to said point bears S28-4S'34"E, thence run Northerly along the arc of a curve concave to the West, having a radius of SO.OO feet and a central angle of 09-35'45", an arc distance of 10.05 feet to the Easterly line of an existing 20.00 foot wide Drainage Easement and the Point of Beginning of the center line of a 20.00 foot wide Drainage Easement, said easement lying 10.00 feet on each side and parallel to said center line; thence continue Northerly along said arc of a curve concave to the West, having a radius of SO.OO feet and a central angle of 5S-37'4S",· an arc distance of 59.30 feet; thence NS7"05'23"E, a distance of 7S feet, more or less to the North Fork of the St. Lucie River and the Point of Terminus. Said parcel contains 2,708 square feet, more or less. I hereby certify that this sketch and accompanying description comply with the minimum technic~1 standards as set forth in Chapter 61G17-S adopted by the Florida Board of Land Surveyors, pursuant to Flori",:::' 472.027, Dated: ~/t.(/11 By: ~~ Richard C. Laventure P.L.S. Certificate No 5209 Sheet 1 of 2 SKETCH OF DESCRIPTION OF PROPOSED DRAINAGE EASEMENT THEODORE &fpQÁïRiClA TIEMEYER File: 990JESMT.dwg Date: 1-27-99 CT--= CONSUL liNG ENGINEERS c!c lAND SURVEYORS 2e8O SOUTH 2Sth STÆET FORT PERCE. FlORIDA 341182 (set) 4&4-3537 '-'" ....; ~ :J ~\\Jt~ \)C\t s\· \.: r;o~ý.. - TO BE ABANDONED / ~O~~ POINT OF TERMINUS ~ 9 10 20 JO I I I ~ line of Section 36. TO;:O sc.u .. fEET 37 South. Ronge 40 Eo.! Is ossumed !o . bear N89°31'19·W and 011 other bearings shown hereon ore relative thereto. ~ ~ ~ .LEGErm ~ .. CENTER LINE IS. .. CENTRAL ANGLE R .. RADIUS LENGTH L - ARC LENGTH POC = POINT OF COMMENCEMENT POB = POINT OF BEGINNING PLS = PROFESSIONAL LAND SURVEYOR ^;)Iò <v/ $' ~~ ,§' #..~ ti ~~ ~ ð- ""V'" ~ ~ ~'-:J v ~ ~r! ~ ~8"#'/ ,,0 f ~ OF 20' DRAINAGE EASEMENT/ / / / ~l4.J I / / êo~""" / p~ /~ / 7 · 70' EXISllNG 20' DRAINAGE EASEMENT TO BE ABANDONED LOT 1 &~..J .. a:> o/a:> !'>~ 00) I ~ I SOUTHWEST PROPERTY LINE OF LOT 1 ~/ .þ 'v~ ~^' ~a~ \'"~ #' IòÒ ~ . S38"30'OO"E ,.(1/ #'/ VðG"".,,¡J. SCU'n'l /-' r / / / / EXISllNG 20' DRAINAGE EASEMENT LOT 2 WIDE WATERS (PLAT BOOK 17, PAGE 2) THIS .15 NOT A SURVEY Sheet 2 of 2 SKETCH OF DESCRIPTION OF PROPOSED DRAINAGE EASEMENT Pr~red For THEODORE c!c pATRICIA TIEMEYER File: 9903ESMT.dwg Dote: 1-27-99 CT.-: CONSUL liNG ENGINEERS c!c LAND SIJR~YORS 2t8O SOU1H ~ STREET FORT PIERCE. FlORIDA 34G82 (Sð1) 4ð4-3ðJ7 Tech: BCS ,.... "'wI MELVILLE & SOWERBY, P. A. ATTORNEYS AT LAW L..AUREL.. PROFESSIONAL.. PARK 2940 SOUTH 25TH STREET FORT PIERCE, FLORIDA 34981-560:> HAROL..D Q. MEL..VIL..L..E* DAVID N. SOWERBY TEL..EPHONE 1561) 464-7900 FAX (561) 464-8220 "BOARD CERTIFIED CIVIL TRIAL LAWYER AND BOARD CERTIFIED BUSINESS LITIGATION LAWYER February 12,1999 VIA HAND DELIVERY Belinda V ose Acquisition Agent St. Lucie County Property Acquisition 2300 Virginia Avenue Fort Pierce, FL 34982-5652 -..---..- - -. .......---.. .- .., ß ~ \\ry IC ," ~_.~_. 1.1 ;2...' -~ Ie; (¡ù I~ I !l ,'J . ,~ - c;Ç;. ; -: '",. '-U 5, - .. Re: Abandonment/Relocation of Drainage Easement Lot 1, Wide Waters Theodore N. Tiemeyer , ' ~ .. _.-.~-_.~---- . I.......,.., '-~n' , ....... - ..- .. , , I ~~ . -.. .,' ~. :.. \ J; '- f i. . ",",\', "~..i :.....: : ::), ; . t... '. . j '"-..,. _.._._--- Dear Ms. Vose: Enclosed please find signed and sealed originals of the following materials relating to this Petition: 1. Legal Description and Sketch of Description for drainage easement abandonment; and 2. Legal Description and Sketch of Description of proposed drainage easement. As you can tell, these are the revised drawings relating to the abandonment of a portion of the existing drainage easement on the Tiemeyer property and the proposed replacement drainage easement also on the Tiemeyer property. As per the field inspection of Richard Laventure previously, the actual drainage flow runs where the new proposed easement will be located. In addition, we have modified the proposed area to be abandoned so that we are leaving a portion of the existing drainage easement along the boundary line between Lots 1 and 2. Thus, that portion of the drainage easement to be abandoned does not "abut" Lot 2 and the only "abutting" property owner is the owner of Lot 1 who is also the Petitioner, Theodore and Patricia Tiemeyer. .. '-" ..."", Brenda V ose February 12, 1999 Page 2 With this modification to the previously filed Petition for Abandonment, I would appreciate your processing this through the County. It is my understanding that we do not need to re-advertise the matter. If you have any questions, please feel free to give me a call. Best regards. Sincerely, G. Melville HGM:kec enclosures cc: Theodore Tiemeyer (w/enc.) Ricahrd C. Laventure, P.L.S. (w/enc.) MELVILLE & SOWERBY, P. A. .. '-' DESCRIPTION A 20 foot wide Drainage Easement lying within Lot 1 of "WIDE WATERS SUBDIVISION" as recorded in Plat Book 17, Page 2 of the Public Records of St. Lucie County, Florida and more particularly described as follows: Commence at the intersection of the Southwest property line of Lot 1 of "WIDE WATERS SUBDIVISION" as recorded in Plat Book 17, Page 2 of the Public Records of St. Lucie County, Florida and the South right-of-way line of Turnabout Lane (a SO foot right-of-way with a 50 foot radius bulb); thence S38"30'OO"E a distance of 10.18 feet to a point on a curve, a radial to said point bears S28"4S'34"E. thence run Northerly along the arc of a curve concave to the West, having a radius of SO.OO feet and a central angle of 09"35'45", an arc distance of 10.05 feet to the Easterly line of an existing 20.00 foot wide Drainage Easement and the Point of Beginning of the center line of a 20.00 foot wide Drainage Easement. said easement lying 10.00 feet on each side and parallel to said center line; thence continue Northerly along said arc of a curve concave to the West. having a radius of SO.OO feet and a central angle of 5S"37'4S",· an arc distance of 59.30 feet; thence NS7"05'23"E, a distance of 7S feet, more or less to the North Fork of the St. Lucie River and the Point of Terminus. Said parcel contains 2,708 square feet, more or less. I hereby certify that this sketch and accompanying description comply with the minimum technical standards as set forth in Chapter S1G17-S adopted by the Florida Board of land Surveyors, pursuant to FIOri~totute 472.027, Dated: ¿!,/tf/q1 By: ~~ Richard C. Laventure P.L.S. Certificate No 5209 Sheet 1 of 2 SKETCH OF DESCRIPTION Of PROPOSED DRAINAGE EASatENT Pr4lf.ored For THEODORE & f" A TRIClA TIEMEYER File: 9903ESMT.dwg Date: 1-27-99 CT~ CONSUL l1NG ENGINEERS & LAND SURVEYORS 2MO SOJ'IM 25th STREET FæT PERCE. FlORÐA 34i82 (~1) 4&4-3537 .. '-" """ ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PETITION FOR ABANDONMENT TO: BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA. The undersigned PETl110NER hereby petitions the St. Lucie County Board of County Commissioners to vacate, abandon, discontinue and close, in whole or in part, specific public rights-of- way, easements, or subdivision plats, as more particularly descnbed in this petition, and to renounce and disclaim any right of the County and the public in and to any land in connection therewith. lhis petition is filed pursuant to law as more partiatlarly set forth in Florida Statutes, Section 177.101, as amended, Rorida Statutes, Sections 336.09 and 336.10, as amended, and St. Lucie County Land Development Code, Section 11.10.01 et. seq. ....................................................................................... TYPE OF ABANDONMENT REQUESTED (check one or more as applicable) ("." indicates requirement for public hearing) _ A Plat (.) _ A Portion of a Plat (.) _ County Road Right-of-way (.) L Drainage Easement ut Affecting Road Drainage _ Public Utüity Easement _ Drainage Easement Affecting Road Drainage (.) Other _ Public Interest in a Private Right-of-way or Easement ....................................................................................... Petitioner hereby certifies that the filing fee of 5250..00 is enclosed or has been paid to St. Ùlcie County, and that petitioner hereby further certifies that petitioner understands that the filing fee is non-refundable and that there is no assurance that this petition will be granted, in whole or in part, and no such assurances have been made by any County employee. This Petition shall con~ an affidavit of the Petitioner ~esting to the validity of the representations herein and it's completeness to the best of Petitioner's knowledge and belief. 1. The Legal Description of the petition site is attached as ~IT "A"). (Note: The petition site may lie upon property owned by Petitioner, i.e. an easement over Petitioner's property, or adjacent to Petitioners property, i.e. a public road right-of-way.) 2 TItle or interest of the County and the Public in and to the petition site was acquired and is evidenced by: Deed Attached ( Exhibit G) (plat # and identification, Deed, or other title evidence) recorded in: Plat Book 17 Page 2 Lot 1 Widewater (Plat book and page, Deed book and page, or Official Record book and page) Public Records of St. Lucie County, Florida. 3. Attached hereto as ~XRI1trr "B") is a sketch, acœrately drawn, depicting the petition site as described in (EXHIBIT" A j, showing boundaries of abutting properties, any encroachments, drainage and/or utility easements, any structures within the petition site, and property benefiting from the abandonment. A copy of a portion of the appropriate tax map (8 1/2 X 11), obtainable from the Property Appraisers Office, may be used for this purpose. 4. Attached hereto as ~XRlRrr "C") is a location map which clearly and legIbly identities the location of the petition site in relation to the nearest public right-of-way and all affected properties (properties within a minimum 300 foot radius of the petition site). A copy of a portion of the appropriate tax map (8 1/2 X 11), obtainable from the Property Appraisers Office, may be used for this purpose. 5. Attached hereto as ~XRlRrr liD") is a list of property owners, including correct mailing addresses, property tax Identification number and legal descriptions of surrounding affected properties. (Note: County Staff may request additional information if it is determined that the proposed abandonment could have a negative effect on properties located more than 300 feet from the petition site.) 6. Attached hereto as ~XRlRIT "E") is a list of abutting property owners, including correct mailing addresses, property tax Identification nunilier and legal descriptions of the adjacent properties. Such owners of abutting properties have signed a notarized statement consenting to the abandonment of public right-of-way and such signed statements are attached hereto as (JXRIBIT "E-f!!, "E-2", etc. 7. Attached hereto as (JXRIBIT "F'), consemtlvely numbered "F-t", "F-2", etc. the signed consent of any affected utility providing service to or within the petition site and/or drainage district having jurisdiction over the petition site. 8. The Petitioner hereby certifies that in the event this petition is granted, the abandonment of the public right-of-way will not prevent other property owners from access to and from their property, and no other property owner in the vicinity will be adversely affected. 9. 10. 11. 12. 13. --- ~ The Petitioner hereby ~.Jes that the petition site is not aY~t-of-way which is part of or used for any State of Federal highway purposes; and that such right-of-way is under the control and jurisdiction of the St. Lucie County Board of County Commissioners. The Petitioner hereby certifies that the petition site is not a public accessway to any publicly accessible waters in the County, or that if the petition site proposed to be abandoned does provide such access, Petitioner hereby offers to trade or give the County comparable land or lands necessary for public access to the same body of water. The petitioner hereby certifies that petitioner is the owner of property underlying or adjacent to the petition site as evidenced by an instrument recorded in Official Record Book 17 t Page ? , St. Lucie County, Horida, a copy of which is attached as ~XRmIT "G". The petitioner hereby certifies that all property taxes upon the Petition site, or petitioner's property adjacent to the petition site, are paid and current, or exempt from taxation, and a copy of a paid tax bill or statement of the County Tax Collector is attached hereto as (J~XllJRD' "U") The Petitioner hereby certifies: (ClRCI.E "." OR "b" BET OW) @ that the petition site to be abandoned is ~ within the limits of any municipality, OR b) that the petition site to be abandoned lies within the corporate limits of and attached is their resolution of abandonment of the petition site as ~XRlRrr '1"). 14. The Petitioner hereby submits a statement (EXHIBIT "r) in support of this petition which states Petitioner's reasons for requesting the abandonment and the use to which the Petitioner intends for the land 15. Petitioner hereby certifies that a NonCE OF INTENT TO mE A PETITION FOR ABANDONMENT has been published once weekb' for two (2) consecutive 1t'eeks in a newspaper of general circulation in the County. The name of the newspaper and dates of publication are as follows: The Tribune (Name of newspaper in which Notice of Intent was published) July 17, 1998 (First date published) July 24, 1998 (Second date published) A COPY OF THE PROOF OF PUBUCATION SHAlL BEATIACHED TO THIS PEnTION AS (EXHŒD' "K"). NonCE TO PEnTIONER: IF THE ABANDONMENT REQUESTED REQUIRES A PUBUC HEARING PURSUANT TO LAW, PE'OTIONER SHAlL BE GIVEN NOTICE TO POST A SIGN (17" x 24" OR IT' X IT') UPON THE PE11110N SITE IN A CONSPICUOUS AND EASß..Y VISIBLE IDCAnON, ABUTfING A P~UC THOROUGHFARE, WHEN POSSIBLE, AT LEAST TEN (10) DAYS PRIOR TO THE PUBUC HEARING GMNG NonCE OF THE TIME AND DATE OF THE PUBUC HEARING ON THE PE11TION TO ABANDON OR VACATE. DATE: . THIS PEITnO~UST BE E~7 .MrrARY PUBUC '~,?-fS.''l .~ '~~,~,~ qJ¿;mEI/,l /péf· ·0 signature d , ,Tt'ieoaore N. Tiemeyer & Patricia A.Tiemeyer .~ 1)pe or print Petitioner's name 24301 SW 182 Avenue Petitioner's Address Homestead, FL 33031 COUNIY OF S:I~. ~ 305-257-3080 Petitioner's Phone Number STATE OF Before me this day personally appeared -rh".Hxiorf. 11 T,''€W\'e'fe(" ( sworn, deposes and says: That <-¡.-t~ is(are) the Petitioner(s); and, fJ~tr"<..;t4 who, being duly 14-. T,'e M't t-er . That all of the representations and information provided in the petition is true and acwrate to the best of Petitioner's knowledge, information and belief. SUbscribed and S\lVom to (or af . ), ~fc;ue me this ~y of ~o J J '" I- . 1991- by , h'€odo~~ yL 'i€.\M.\4l ~r- ~ :\-f'IC. A- Ä 'vK~ 't. V- . ~ . """"'-who personally appeared before me and _ _ who is personany known to me. I ~hose identity I proved on the basis of ¡::L 0 L ~ _ whose identity I proved on the oath/affirmation of . a Ie witness "....,., $i~··~ LAURA J. MAYCEN æ*t''4':;:*¡ MY COMMISSION * CC461952 EXPIRES ~~~ May 10, 1999 -"'Ifi..f¡I"¡\" BOHDf THAU 'IJI '{ FAIN JNSIJIINI:E, II:. -- - - '-' ....." DESCRIPTION A 20 foot wide Drainage Easement to be abandoned lying within Lot 1 of "WIDE WATERS SUBDIVISION" as recorded in Plat Book 17, Page 2 of the Public Records of St. Lucie County, Florida and more particularly described as follows: Commence at ·the intersection of the Southwest property line of Lot 1 of "WIDE WATERS SUBDIVISION" as recorded in Plat Book 17, Page 2 of the Public Records of St. Lucie County, Florida and the South right-of-way line of Turnabout Lane, (a 60 foot right-of-way with a 50 foot radius bulb): thence S3S'30'OO"E a distance of 33.00 feet; thence N60·30'OO"E, a distance of 10.12 feet to the Northeasterly edge of an existing 20.00 foot wide drainage easement and the Point of Beginning of the center line of a 20.00 foot wide drainage easement to be abandoned, said easement lying 10.00 feet on each side and parallel to .said center line; thence continue N60·30'OO"E, along said center line, a distance of 93.88 feet; thence N80·38'OO"E. a distance of 75 feet, more or less to the North Fork of the St. Lucie River and the Point of Terminus. Said parcel contains 3,378 square feet, more or less. I hereby certify that this sketch and accompanying description comply with the minimum technical standards as set forth in Chapter 61G17-6 adopted by the Florida Board of Land Surveyors, pursuant to Florida Statute 472.027. Dated: :2-/q/97 By: ÆcY'Aa/c·ðol#~ Richard C. Laventure P.L.S. Certificate No 5209 - Sheet 1 of 2 SKETCH OF DESCRIPTION OF DRAINAGE EAS6fENT ABANDONt.lENT Pr8f.ored F' or THEODORE c!c to' A TRIClA TJEMEYER File: 9903ESMT.dwg Date: 1-27-99 (1== CONSUll1NG ENGINEERS '" lAND SURVEYORS 2980 SOlI1H 25th mEET FORT PIERCE. FlOR1DA 304982 (M1) 4&4-~7 '-' ......, 9 10 20 30 I I I GRAPHIC SCAU:: IN Ft:ET .LE.GErm ~ = CENTER UNE Ii - CENTRAL ANGLE R - RADIUS LENGTI-I L - ARC LENGTI-I POC = POINT OF COMMENCEMENT POB -= POINT OF BEGINNING PLS = PROFESSIONAL UCENSED SURVEYOR .mnES.i ~ = TO BE ABANDONED 1) The North line of Section 36, Township ~ 37 South, Range 40 East is assumed to _~ ) bear N89·31'19·W and 011 other bearings \" It..~ shown hereon are relative thereto. 0' ~ C~t.. ~ \..D S"\ . \A\~\)S tO~v.. oy ~~ / ~O~~ ~Q\~~ . ~ ",)(0 «,/ ~ &{y ~~~~ r!f~~ 0) . ð ""V'" ~ 4' ~^:J v ~ ~;~ ~~/ ~~O f <t OF DRAINAGE EASEMENT EXlSllNG 20' DRAINAGE EASEMENT TO BE ABANDONED LOT 1 -- " 6=152"42'12" R=50.00' L=133.2S' POB SOUTI-lVÆ:ST PROPERTY UNE OF LOT 1 S3S"30'OO"E ;:/ ~ ....J" ~J.... ~? f ~ ~ ~(o6 ~ ,~ #'/ ~~G~ LOT 2 WIDE WATERS (PLAT BOOK 17, PAGE 2) THIS IS NOT  SURVE~ Sheet 2 of 2 Tech: BCS (T= CONSULTING ENGINEERS & lAND SURVEYORS 2980 SCU'TH 25th S1RŒT roRT PIERŒ. FLORIDA 34882 (~1) 4ð+-JðJ7 SKETCH OF DESCRIPTION Of DRAINAGE EASEMENT ABANDONMENT Pr'f..orec:t For THEODORE & p A TRICA llEMEYER FUe: 9903ESMT.dwg Date: 1-27-99 '-' EXHIBIT "C" \wi .. ... o .~ ... o ... (f) U1 N "- '<t '<t I- W w I (f) w w (f) '" OC;'£O£ 0C;'C;9Z i rS'ttrl I£S'£lS) ..8.. dllliS .., 3 ':1,</ 60' v Z Y3!IY 1:13.:l.:In8 C;C;'SOt £O'OC;C; - -~ u < on W .... v ~ ~ m . ~ "- ~ -' ¡:: .... ::> 0 ~ z a: ::> .... 0- .., ~ .. ... cO U ~ ... ~ .. « z w I( w ~ ... v z ".¡ « ~ S~'hç ,~~ ---------.. .._". ....---.- (--- ¡: ..... ; +1 ' f1i o _ .. . !::p 11. æ .... en .... ij ~ ;;; ;:: u < m o If) !:::' o :!: 09 128,92 to') ..:.,¡ u <t ......~ ~~ 0: ...... '-' EXHIBIT "D" ....., Owller Name and Address I Tilt I. D. Number and Property Legal Description Scott S. & Wendy W. Danielson Tax ID # 4436-510-0006-000/9 3259 NW Turnabout Lane Wide Waters SiD Lot 2 (or 1026-2640) Palm City¡FL 34990-4918 st. Lucie County Weldon H. Johnson Tax ID# 4436-510-0030-000/6 P.o. Box 1826 Wide Waters SiD 26 and 27 (or 1063-2822) Haroour Ridge st. Lucie COunty Palm City, FL 34991-6826 stuart Property Holdings Ltd. Tax ID# 4425-343-0002-000/5 450 E. Las alas Boulevard 25-37-40 S 500 ft. of Govt Lot 4 lyg E of Suite 1500 Gilson Rd - Less Turnabout Ln R/W - (20.87 Ac) Ft. Lauderdale, FL 33301-0000 (or 1130-544) Theodore N. & Patricia A. Tax ID# 4436-510-0007-000/6 Tiemeyer Wide Waters SiD Lot 3 (or 935-1348) 24301 SW 182 Ave. st. Lucie County Homestead, FL 33031-1213 Richard T. & Nancy C. Cassell Tax ID# 4436-510-0010-000/0 3226 NW Dockage Way Wide Waters SiD Lot 6 (or 600-1773: 1075-292) Palm City, FL 34990-4901 st. Lucie County Ohtrnar J. & Doris L. Hofmann Tax ID# 4436-510-0011-000/7 3254 NW Dockage Way Wide Waters SiD Lot 7 Palm City, FL 34990-4901 (or 585-2571: 1063-1704) st. Lucie County James R & Dianne K. powell Tax ID# 4436-510-0029-000/6 3352 NW Perimeter Rœ.d Wide Waters SiD Lot 25 (or 244-31) Palm City, FL 34990-4915 st. Lucie County 1yPe 01' print names, addresses, and property de8criptiona here. NOTE: ATTACH ADDmONAL SHEEI'S AS NECESSARY. IMPORTANT: IN ANY PROCEEDING WlDCH REQUIRES A PUBUC HEARING, I"KTUIONER SHALL PROVIDE PRE· STAMPED, PRE.ADDRESSED ENVELOPE AND CERulfIJW MAIL RETURN RE(;KI.YI'S TO ST. LUCIE COUNTYWlDCH WIlL BE USED TO PROVIDE N011CE OF THE SaŒDULED PUBUC HEARING TO EACH OF THE ABOVE PROPERTY OWNERS. \w' EXHIBIT "E" 'wi" (list of adjacent property awneD) Owner Name and Address TSI I. D. Number and Property Legal DescriptioD Scott S. & Wendy W. Tax ID# 4436-510-0006-000/9 Danielson Wide Waters SiD Lot 2 (or 1026-2640) 3259 NW Turnabbout Ln. st. Lucie County Palm City, FL 34990-4918 Weldon H. Johnson Tax ID# 4436-510-0030-000/6 P.o. Box 1826 Wide Waters SiD 26 and 27 Harbour Ridge (or 1063-2822) Palm ('; t-v Fr. 'Uqq, _kA?k st. Lucie Countv stuart Property Ho1dingsLtd Tax ID# 4425-343-0002-000/5 450 E. Las 01as Blvd. 25-37-40 S 500 ft. of Govt Lot 4 Suite 1500 Lyg E of Gilson Rd - Less Turnabout Ln R/W - Ft. Lauderdale, FL 33301-000 (20.87 Ac) (or 1130-544) - - - \.f""'" EXHIBIT "E - I " (attach one for each adjacent property owner) AFFIDAVIT OF CONSRNT FROM ABU'ITING PROPERTY OWNER roUNTY OF Broward STATE OF Florida Before me this day personally appeared Secretary Stuart is(are) the owner(s) of: Property Holdings, Ltd. Ri chard L. Handl ev who, being duly sworn, deposes and says: Stuart Property Holdings, Ltd. Qepl description of p~rty) 25 37 ~O S 500 fT OF GOVT LOT 4 LYG E OF GILSON RD - LESS TURNABOUT LN R/W - (20.87 AC) (OR 1130-544) That I have been furnished a drawing which clearly indicates the Plat, easement or right-of-way to be abandoned and its relatiomhip to sa i d property. 1bat -L hereby consent to the abandonment of the described petition site which is adjacent to my property, 88 described above, on the (check one) -X.... North _ South _ East _ West. Richard I Handlpy . bein above/foregoing statement is true and correct to the best of his/her/their knowl and Subscribed and'sworn to (or affmned) before me this 11- day of August Ri cha rd I . Handl ey 1998 . 1,994, by who personally appeared before me and L who is personally known to me. _ whose identity I proved on the basis of _ whose identity I proved on the oath/affirmation of . a credible witness ~ ~,.~ Notary Public ...'~to Elena Livingood *JI *My CommillÎon CC740054 ~.....:.r Expires May e, 2002 '-- ....." EXHIBlrr "E - L" (alln.ch one for each adjacenl property owner) MJW>AYIT O~ CONSF..NT FROM i\BJ1TIING PROPERTY OWNER COUNTY OF STATE OF Before me this day per80nal1y appeared ~leldon H. Johnson who. being duly 1JW0m. deposes /1.I1Ò S8}'11: . he is(a.rc) tbe owner(s) of: (k.ißI description of property) Wide Waters SID 26 and 27 (or 1063-2822) St. Lucie County Tax I.D. #4436-510-0030-000/6 111at I have been Cumishcd n drawing which clearly indicales the Plat, casement or right-of-way to be abandoned and ils relationship to mv property. lhat-I.- hereby consent to lhe abandonment of lhe described petilion sile which is ndjocenllo my property. 88 described above, on tbe (check one) _ North ~ South _ Ensl_ Wesl. Weldon H. Johnson "" Subscribed and sworD to (or affirmed) before me this ~ day of ''''-ë... D ¿Lo {' ¿ N ' ~ ¿- v......e-V".-t'.4 . \ appeared before me and _ who is personally known 10 me. _ whose identity I proved on the basis of ¿whose identity I proved on the oath/amrmnlioll of T~ . ~ ("'^~ 'i~ ( . Ii credi ble witness ~t lAD\- . 199). by who personally K4l~~ Null1TY Public i-Œ7:CL'~CT,~;i~~:~~ Sf..! ; ;,,::'i-:/d~': ~':::.'_,:: ~::',\Tr:: U¡: FLORIDA ¡ Ce:· :'.:"0:.::..1:'; r¿(.) CC-t47778 ~,iY CO\;.\ii:::·<;¡UN EXP. MAR. 23.1999 '-'¿XHIBIT "F- i .....".. " ~ (Consent letter from affected utility company) CONSENT OF INTERESTED OR AFFECTED UTILlTYIDRAINAGR ENTITY DATE '7- :¿2.- 9? A de.l P~,Q Ca.61~~ UTILTIY COMPANY /¿¡?5' #-w ð/?l'I ¡¿at/' ADDRESS 5'~âI:J' ,//. 3 '/?~'-/ an, srA1B ZlP RE: Petition to Abaodon/V acate (Description of Petitioo Site enclosed) Lc>! P f- (t-T \3¿>~ W tOe' ("A./)4 L az s t ê [J tU¿ t!- z.. To Whom It May Concern: ¿ I. _ /" h- ::> T· ~ C-l e ì l.-- tJ v- "'" , - L Please consider this Jetter u our request for a LEITBR OF NO OBJECllON to the abandonment of the above refereDCed site. Eoclosed for your review is a copy of the sketch and description of the site proposed to be abandoned. A self-addressed envelope is also enclosed fOl' your reply. If you have auy questioDS 01' if I may be of further assistance, please contact me at 2. ~ 0 - l 8 0 2 Sincerely, - £' /~ .' , ~~~O~~~J Th e~Y-e and -PCL-+rìc ¡'a..---rzefì1e..ye.r (petitioner 01' agent) Thank you for your assistance in this matter. Eoc. Petition site sketch and de8cription. ............................................................................................................ /' Consent as requested Consent with the following conditions: 1495 N.W. Britt Road Stuart, FL 34994 Ade'phia Tel: (561) 692-9010 Fax: (561) 747-2250 Authorized Repr i , J ro""""lAnt Refused :---.. BOB GRANT Project Supervisor '--'¿XHIBIT ifF _ L. ff '-' (Consent letter from affected utility company) CONSENT OF INTERESTED OR AFFECTED UTILITY/DRAINAGE ENTITY DATE JIr ¿~ /118 BellSouth UTlLI1Y COMPANY 3300 Okeechobee Rd. Room 237 ADDRESS Pt. Pierce, PI 34947 crr, SI'Am ZlP RE: Petition to AbaudOD/Vacate .:- ¿) T I tu / O~ 4./A- 1'"E:12,j (Descripûon of PeÛÛoo Site enclosed) 7 :?..n ¿; ~ z.. ¡.:J/ û ~ ~DolC' ¡-ee. 7' "- To Whom It May Concern: '5" r. ¿'v ~ I ~ Co C//1 'i Please consider this letter aa our request for a LEITER OF NO OBJEcnON to the abandonment of the abOYe referenced site. Enclosed for your review is a copy of the sketch and description of the site proposed to be abandoned. A self-addressed envelope is also enclosed for your reply. If you have any questions or if I may be of furthec assistance, please contact me at 3 ð S- - 2 S- 7 ~ 3 0 é3 0 Thank you for your assistance in this matter. /: v' Sin~r , . // //~~"'d...re M '7/t"/H;r....... /., . . L-/ (petitioner or agent) Enc. Petition site sketch and description. ............................................................................................................ Consent as requested X Consent with the following conditions: Consent Refused Date: 8/6/98 ~.. ~ Authorized Representative ~Billie c. Greenlief General Manager '- ¿XHIBIT "F - 3 "......, (Consent letter &om affected utility company) CONSENT OF INTERESTED OR AFFECTED UTß.JTY/DRAINAGE ENTITY DATE 7-- .;2- 1- C¡? FLo121 0 ¡q. POWbJ:2 1 LIe, II T C!o. UTILITY COMPANY 440" &R Co 0 tulJ. ( ADDRESS P¡:¡..U17 CJ T Y 1=t- 3J '7 90 aTI, STAre ZlP To Whom It May Concern: Lo r l LA_qOE WA-TE~.s p,- 4-..,.... ßootC l" P A-e;l e 2. S-r. l-v c...l ~ C o v 0/1,. ~ Please consider this letter 88 our request for a LEITER OF NO OBJECI10N to the abandonment of the abOYe referenced RE; Petition to Abandon/V acate (Description of Petition Site enclosed) site. Enclosed for your review is a copy of the sketch and description of the site proposed to be abandoned. A self-addressed envelope is aJso enclosed for your reply. If you have any questions or if I may be of further assistance, please contact me at ~;¿ 0 - / i' û ;¿. Thank you for your assistance in this matter. ~e0 ;#'~' O~~ ·7h~d:)rB it n..JRir,"'"C). --¡-;;rn eyer (Petitioner or agent) Ene. Petition site sketch and description. .......................~................................................................................. Consent as requested Consent with the following conditions: Consent Refused ~ I=PL Florida Power & Light C P. O. Box 1967 ompany Palm City, FL 34991 561 223-4211 F Mobile: 561 486_:2561 223-4225 ~x,~ Authorized Representative : an FPL Group Company ReCYCled Paper Andrea L. Heitfeld ........I..~ .. -....- : r_~~ -, " J' \..,; , ~. '- j tW'.~ I\C-llI ~ tttD ~ ~,*,n. 1tI1..... Clerk nf the Circuit Court ~, St ': Lucl. County \'..~~ I..t~ -........ tlt0~ FHa Nullber:160518:5 OR BOOK 1121 PIG 0468 ... return tot Recorded: 01-15-98 10:40 A.t!. I.eM'y It. ac-t. '.A. n I.W. n..l... A_ 1tuIrt. nOl"I'" J4~ Percel 1.0. 10. 44J6·SHIOOS.aaon · Doc AssuIllP: S · Doc Tax s · Int Tax : S 0.00 3010.00 0.00 (TIle .... ... tflla If... for recordl..) 'mIS --1UnT Imm. ... thla ~ ., of ~......,. 1991. tit .. BRJ:CDIAK PBIIBBR'1'OR aDd LOVXD PJINBJIR'1"OR. hi. Wif., ..... addNaa la P.O. Box 344, Jensen Beach. Florida 34957, .....I..ft... cell. the 1rantortI0, and 'l'DOJ)()U .. '1'J:JDmYD aud PATRZC%A A. ~&_, hi. Wife, .......... la 24301 BN 182nd Avenue, Hoftlestead, Florida ° 33.031, .....I..fter all. the Onnt_ ("G..-..,.........-............ for al.,..l... 01" pl....l. .. cant..t ......1..... ~I Tllet the er.tora. for ... In _Idlretl.... of tIN _ of YIlt .. 101100 (110.00) dollon. ... other ODd ... ..Iualllo _Idlretl.., rwefpt .......... fa........ 8CIrnMI1..... ........erant, .....In. ..II. 011_. ..1M. rel_o. CCIIMy ... cantl... - the Gr..._. all that -In ....1 II'ep&rty af_t. In 't. LIII:'. CtuIty. '101"'.. to-lift: Lot 1, of wm. WATIDtS, according to the Plat thereof, filed on December 6, 1973 aud recorded in Plat Book 17, Page 2 of the Public Records of St. Lucie CouDty, Vlorida. TOw.-.l:1U&K IIlth all t_a. IMndtt_a and oppurt_ t......to bol.....l.. or In onrwlM I I IOt"talnl... '1'0 RAVJI ARD '1'0 BOLD the _ In f.. alllplo forowr. AIID. the GUllTOÞ ........ - IIltfI MId GUllTEE. that GUllTOII are llIIIfvlly Hlz. of MId r..1 property In f.. slllplo; tIIat GIMTIIII 118ft ODd rllllt and 10IIfu1 __Ity to ..II and CtIIMy MId ....1 property, and her"" !IOrr..t tho tlUo to MId ....1 II'ep&rty and IIfll tIIfond tho _ _,..e the l&llful cia'. of all ,.,.... ...._n...'; and thot Mid r.al property la fr.. of.1I ----. ucopt t_ _rul.. ~t to DoceIibor 31. 1997. III WZTRIIBS 1ßIBRB0P. tho M'd GIWrTORI h.... algned and _led thos. pr_t. tho., ... yur first MIove ....Itt.... SIgned. _led and tIIll...red In the pr_ of: ~L j),b¥hAI-,~d SI.,...... b~ S~""I'I:..~IÞ...-rtt Prlntad Sf.,.t.... ~ 9 JaU'S) (}k.,") .. ·'f ~"..At.lMAIU¡::_ PrInt. II.,....... Gj.. NO STM'B OJ' IWlSACRUDftKS COUlft'J' 01' "L."nøV~ .; " I IIOIIT eElTI" tIIot ~ thts ,....S of ~ 1991. bef_ _. .... officer cioly quallf'ed to t.... OCU-I~a. ....-Uy OPPU..... ..- ~... LIIII.~. III. Uf*-........ ....-Ily..... to _ __ _ ..._ . . M 1~'fff..'IIß. 1I'Id'" did not t.ke In OIt". and ..... aocuted tho fOl"OlO'" I..t....... and 8CIrnMI1.... before _ that they ......cu~. the _. (lULl ~~ ..... f(.v6<t..,ç ,¡, 17~ ~"'1oc6 ......... Prlnt....ory... ..,~" '" IIy c:o.taalon EIIpf....t , {'7 {..tr;·:·.., .' .:. ~ -: BJŒf£V.!!I'."fDIHID \~ '. NalllJNIIc· ". . VI Cui..... __~ 17.1998 ~. " .......... .' . ., .:~ Sz c:= 00 -~U y"W Oë:; ~~ ~~ <w (I): -~ ~y" ::CO ....>- !co. ::cO ....U ~t; _W ....0:: a:: 0:: L&.I 0 Co) c.;I . OQ...J ....:z< (I)<Z U;wC; -=- ::co:: a:: ....~O EXHIBIT "G" >- C) CD - cc C UUIIU 1111 u. UUltlll'\U Sl LUCIE COUNTY TAX COLLECTOR .Lour I... J. \.In I c;. J.771 ~c;.MI... c;.~ MIc;. NOTICE OF AD VALOREM TAXES AH . 4436-510-0005-000/2 EXHIBIT H STEWART LARRY M PO BOX 809 STUART,FL 34995-0809 36 ::~7S 40E WIDE WATERS SID LOT 1 COR 306-1807) AD VAL EM ~ I 'I . . . ." .. , . . :3.:.00 4 . 7::~56 2.6595 .1843 .0068 .1000 .3959 .0646 .3100 2.3098 .0500 .2121 .6940 2.0000 6 . ::~490 .6100 .14:30 .2500 .0255 .3130 . :3840 11:~ .12 1,530.50 859.52 59.56 2.20 32.32 127.95 20.88 100.19 746.50 16.16 68.55 224.29 646. :38 2,051.9:3 197.15 46.22 80.80 8.24 101.16 124.11 $7,157.73 1.;1 FF02 GF01 PA1:3 EC17 EE19 GF02 GFO:3 CS64 FD21 FI40 MC14 SD09 SI-I39 SR08 SV10 BB:34 ESOl PA14 WB11 WD12 ;:) 'I M LAW ENFaJAIL~JUDICIAL SYS CO GENE~AL R~VENUE FUND PORT & AIRPORT AUTHORITY EROSION DISTRICT C EROSION DISTRICT E MAINT ST LUCIE CO COMM DEV MSTU LAW ENFORCEMENT MSTU CHILDRENS SERVICE COUNCIL FT PIERCE/SLC FIRE DISTR FL INLAND NAVIGATION DIST MOSQUITO CONTROL SCHOOL DISCRETIONARY SCHOOL NON-VOTED CAP IMP SCHOOL REQ LOCAL EFFORT SCHOOL VOTED CAPITAL IMP BEACH BOND ENVIRO SIGNIF LAND BOND PORT PROPERTY BOND I&S S FL WTR MGMT OKEE BASIN OTHEF: , . NON-AD VALOREM ASSESSMENTS JAN 31 7,014.58 PAY ONLY ONE AMOUNT See reverse side for im ortant information. COMBINED TAXES AND ASSESSMENTS RETAIN THIS PORTION FOR YOUR RECORDS PLEASE PAY ONLY ONE AMOUNT SHOWN IN YELLOW SHADED AREA AMOUNT DUE .... IF PAiD BY DUPL. I CI~I TE 1997 REAL ESTATE NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - STEWART~ LARRY M PO BOX ~09 STUART,FL 34995-0809 :~¡6 :)78 401:: WIDE WATERS SID LOT 1 (OR :306-:1.807 ) PAY IN U.S. FUNDS TO ST. LUCIE COUNTY TAX COLLECTOR' P.O. BOX 308 . FT. PIERCE, FL 34954-0308 ,1._17.73 JAI'~ 31 FEB 28 MAR 31 *.. PAID ... PAID *.~ PAID .00* 01/16 98 PERIOD3 OA-19980116-022345 ~>ì , 014. ':in n: - --- .....-- -- --, -. . ,,,... ~--- , '-' ......., Exhibit ,cr PETITION TO SUPPORT ABANDONMENT AND RELOCATION OF DRAINAGE EASEMENT, LOT 1, WIDE WATERS, PLAT BOOK 17, PAGE 2, ST. LUCIE COUNTY, FLORlDA The Petitioner proposes to abandon the existing twenty foot drainage eas~ent and rdocate said twenty foot drainage easement on the subject real property ~t a new location consistent with the actual flow of water. Petitioner desires to relocate said drainage easement for two reasons. First. t.~e existing drainage easement substantially interferes V\o'Ìth Petitioner's ability to develop the lot. Because of the various set backs pertaining to constntction activities, it is virtually impossible for Petitioner to construct the type and size of home appropriate for the subject lot and adjacent neighborhood. By moving the easement to a different location, a substantial impediment to the reasonable and appropriate development of the subject lot is removed. Second, drainage across the subject real property does not follow the existing twenty foot '\i\1de drainage easement. The site to which Petitioner seeks to relocate the easement is, in fact, the location of the natural flow of water at the present time. The existing drainage easement area elevation is too high to accommodate normal stonn water runoff. The proposed drainage ease:nent elevation is more accommodating to the flow of water. Mr. Bill Zaroda, Drainage Coordinator, Department o£PubHc ·Works.. St. Lucie County, has inspected and confirmed the proposed location for the drainage easement. It is Petitioner's opinion that the abandonment and the relocation of the ~rainage easement will have no effect on the surrounding property owners. There are no adverse consequences as a result of this request and, in fact, Petitioner rea:sonably believes that drainage will be !mproved by relocating the easement. It is further Petitioner's opinion that relocating the drainage easement to the actu;.d site of the normal flow of water ís more environmentaUy responsible and appropriate than the existing situation. C;'OFfICl\WPWTNlW~TA\PMINACE..I·h'- 1 ~o-(:. (- J. ;)='0 v..G.. ~.::.r~ I î, . 1"..,-"",::, If... r :'""'1.,/".,-"-,-, I . n. ; .1'..)...,1 '-' ....." Petitioner respectfully requests that the Board of County Comm' Petition to Abandon and Relocate the subject drainage ease Petitioner's real property. lOners] approve this I cated rOn I I i Ç:\OFFlCS\WP'#JN\WI"OOC$\ItV.I.UTNJ:>AAiNAGi.PET ') ... TOTAL P. 85 '-' THEODORE N. & PATRICIA TIEMEYER 24301 SW 182 AVENUE HOMESTEAD, FL 33031 THE -1} . KIBUNE P.O. Box 69 Fon Pierce. St. Lucie County. Rorida 34954-0069 STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared Maureen Saltzer- Gawel, or Cathi Revels, who on oath says that he/she is publisher, classified manager of The Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of the advertisement, being a NOTICE OF INTENT TO ABANDON in the matter of petition requesting part of a public drainage be closed, vacated and abandoned, etc. was published in said newspaper in the issues of July 17 & 24,1998 Affiant further says that The Tribune is a newspaper published at Fort Pierce. in said 51. Lucie County. florida. and that.the said newspaper has heretofore been conùnuously published in SI. Lucie County. florida. each day and has been entered as second class mail matter at the post office in Fort Pierce. in said SI. Lucie County. florida, for a period of one year next preceding the first publicaÙon of the attached copy of advertisement: and affiant further says that he has neither paid nor promised any person. firm or corporation any discount. rebate. commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me July 24, 1998 ~J1 ~trl-l&<-- Notary Public "wi EXHIBIT "K" No. 0901 NOnCE OF INTENT TO AIWÐON TO WHOM IT MAY CONCERN: You will take notice that In accordance with the provisions of Sections 177.101. amended. 336.09 and 336.10. Florida Statutes. os amended. and 51. Lucie County Land Development Code, Section 11.10.01 et seq.. Theodore N. and Patrlclo A. tiemeyer intention to file a petition requesting that the 51. lucie County Board of County Commissioners close. vacate, and abandon that part of a public drainage easement hereinafter described. and renounce and disclaim any right of St. lucie County and the public In and to the lands lying within that portton of said publiC drainage easement In 51. lucie County, Florida. described os follows: LOT 1, WIDE WATERS MT BOOK 17, PAGE 2 Theodore N. and PatrIcia A. tiemeyer 24301 SW 182 Avenue Hcmneßead. FL 33031 Publish: July 17 &. 24, 1998 - ." '-" ....".,¡ =0 , " PROPERTY ACQUISITION DIVISION MEMORANDUM ¡ ·I::~. -~ í~' r r '" ~ ~j, r-. --- '! Î. I FEB I 6 I~). TO: County Attorney Community Development Director County Engineer County Surveyor Public Works Director Road and Bridge Manager , , I' ¡: ' I' L L' FROM: Belinda Vose, Acquisition Agent DATE: February 16, 1999 SUBJECT: Abandonment - Tiemeyer Wide Water Subdiv.ision, Lot 1 Drainage Easement The St. Lucie County Board of County Commissioners have received a request to abandon a portion of the Drainage Easement fronting Lot 1 of Wide Water Subdivision. Also, Mr. Tiemeyer is planning to dedicate to St. Lucie County a relocated Drainage Easement as described in the attached sketch and legal description. The attached map indicates the location of subject area. Please indicate below whether you approve or disapprove of this action so the information may be presented to the County Commission when this matter comes before them. APPROVE [~~ DISAPPROVE If you disapprove of this action, please give us your comments in the space provided below: Return +-h~_ \.....&..&..L ¡,:;) form to~ Property Acquisition Division Attn: Belinda Vose, Acquisition Agent 2300 Virginia Avenue Ft. Pierce, FL 34982 We would like to have you response by February 24, 1999. JM/bv attachments ,-. --'---,. - . . _..-.--......_------~.- ¡ :·ñ'\.-'tr~,Œ j_ WI ii.' Ii r". ' UL MAR I 1999 .-.... ...---. -- _.. - 'nFior"'¡¿RTY ACOUiS. :C~. . -., ------...-. .............. ______--1 ~ ""'-' PROPERTY ACQUISITION DIVISION II MEMORANDUM Agent rJ 51)) (kd iR90 du'~~iJ oÞ߯21 tvv1,":' · I~ -/-I) ,( fj I Ovtr (¡1.t$Ìú!.. LI\fl,~ jJr . 'þ Dn bS/ì1,- ~ . (-? cI, J~~ D~-.,<,~ (~ plei ~hXr:JJ .J~ ~. ~ LÍ;/H. ?," .)~~,;.,.; ~. ~~~ /IP~ Þf:tM,:-- ;! ~ "hE .;tJcj-J ~ :/-0 .f~ ;Wc>.- ':7r-P<-li:j' -<-->. ~.~ AlJ .,- OY;;'f..~ftM ~ ~!?Lft0 /?J-6.f~ ~~ ~~ /1~ ~%:Jl-~ \...t..-e/~ .;-./ .. - '. - /I ~,~11~l i.~/n../--~ ..Æ.~ ./ "'-" IJ,,~' ~.~~ TO: County Attorney Community Development Director County Engineer County Surveyor Public Works Director Road and Bridge Manager FROM: Belinda Vose, Acquisition DATE: February 16, 1999 $UBJECT: Abandonment - Tiemeyer Wide Water Subdivision, Lot - Drainage Easement The St. Lucie County Board of County Cc request to abandon a portion of the Dré 1 of Wide Water Subdivision. Also, dedicate to St. Lucie County a relo described in the attached sketch and IE The attached map indicates the locatic indicate below whether you approve or ( the information may be presented to the matter comes before them. APPROVE If you disapprove of this action, the space provided below: Return this form to: Property Acquisitic Attn: Belinda Vose, Ac 2300 Virginia Ft. Pierce, FL We would like to have you response by J~/bv at tachments r ' . . 0 , . OK '-' ......,¡ TO: \\ .. PROPERTY ACQUISITION DIVISION MEMORANDUM Belinda ~Vose, Acquisition Agent rJ ~)Œ Œ~W[~;" ill), ftB I 6 1009 l0 ; L- i I __PUBLIC WORKS J Director I FIROM: :11.!? (¡II r:' r¡ \I' DATE: February 16, 1999 f.) . FER I 7 /~ 'I SUBJECT: Abandonment - Tiemeyer Wide Water Subdivision, Lot 1 Drainage Easement :-.r ~... . .... '_ r.. t. . ~ -"'" "J .\.... . - The St. Lucie County Board of County Commissioners have received a request to abandon a portion of the Drainage Easement fronting Lot 1 of Wide Water Subdivision. Also, Mr. Tiemeyer is planning to dedicate to St. Lucie County a relocated Drainage Easement as described in the attached sketch and legal description. The attached map indicates the location of subject area. Please ihdicate below whether you approve or disapprove of this action so the information may be presented to the County Commission when this matter comes before them. APPROVE /<: DISAPPROVB If you disapprove of this action, please give us your comments in the 'space provided below: Return this form to: Property Acquisition Division Attn: Belinda Vose, Acquisition Agent 2300 Virginia Avenue Ft. Pierce, FL 34982 We would like to have you response by February 24, 1999. JM/bv attachments "-' ......,J " PROPERTY ACQUISITION DIVISION MEMORANDUM County Attorney Community Development Director County Engineer County Surveyor Public Works Director Road and Bridge Manager _ '. _ _'___._ ._.__t4 I r -'·ì· ~,: (n' 1'<" "\ fl' í I J' 1,,1, ;",. J , It).. ,': i ''1 .. ", ,:- i ¡ 1:'/ '. ¡\~:' fED I 6'-- i \, ,,: ¡ , - ¡ '... - .._. - .. ....... _,.J I CC';·/··i:' -:,:....." ,,~: ~~·:;'_·¡\:i.:i·Jl l.__.__.:.~J ~ L.:.~~i~ i. '_'~'~~::':..~_;~'.I~.J~.~-.__.~,___ i' - _.~. -. --'.'- TO: , I. t: "i ; I:'! t I.." , FROM: Belinda Vose, Acquisition Agent rJ DATE: February 16, 1999 SUBJECT: Abandonment - Tiemeyer Wide Water Subdivision, Lot 1 Drainage Easement The St. Lucie County Board of County Commissioners have received a request to abandon a portion of. the Drainage Easement fronting Lot 1 of Wide Water Subdivision. Also, Mr. Tiemeyer is planning to dedicate to St. Lucie County a relocated Drainage Easement as described in the attached sketch and legal description. The attached map indicates the location of subject area. Please indicate below whether you approve or disapprove of this action so the information may be presented to the County Commission when this matter comes before them. APPROVE 1/ DISAPPROVE If you disapprove of this action, please give us your comments in the space provided below: Return this form to: Property Acquisition Division Attn: Belinda Vose, Acquisition Agent 2300 Virginia Avenue Ft. Pierce, FL 34982 We would like to have you response by February 24, 1999. JM/bv attachments "I f¡~' (,1'\' ,rr~ ··n \\1' . ,I.· 'I ,,, :_~, d. ! j !(. f , FIB 7 ¡!iC C 0.1.) 'L:.7·', . . Belinda Vase - abandonment drainage ~ent Tiemeyer '-' Page 1 : I Fr9m: To: Date: Subject: Ron Harris Belinda Vose Fri, Feb 26, 1999 8:38 AM abandonment drainage easment Tiemeyer No objection to the proposed abandonment as long as the relocated easement is in place and recorded. - .. -- '- "-" _. \\ PROPERTY ACQUISITION DIVISION MEMORANDUM ,ê)J (f TO: County Attorney Community Development Director County Engineer County Surveyor Public Works Director . Road and Bridge Manager February 16, 1999 ------::_~.., (¡) « " ~ \ì..\ ,.~~ \~ "'1 \S.-Y-~ . , \ ß ..-- \~ ~-~~,\ tf)99 I FROM: I DATE: Belinda Vose, Acquisition Agent --- " .... -' ..---- , ,. r , or: ~ ¡-...'-". , . ,\ \ \ .,. \ C\r".r) '- __.------ SUBJECT: Abandonment - Tiemeyer Wide Water Subdiyision, Lot 1 Drainage Easement ,- The St. Lucie County Board of County Commissioners have received a request to abandon a portion of· the Drainage Easement fronting Lot 1 of Wide Water Subdivision. Also, Mr. Tiemeyer is planning to dedicate to St. Lucie County a relocated Drainage Easement as described in the attached sketch and legal description. The attached map indicates the location of subject area. Please indicate belo whether you approve or disapprove of this action so the informatio may be presented to the County Commission when this matter comes be ore them. APPROVE DISAPPROVE If you disapprove of this action, please give us your comments in the space provided below: -I Return +-\-,~~ \,..11..1. t:J form to: Property Acquisition Division Attn: Belinda Vose, Acquisition Agent 2300 Virginia Avenue Ft. Pierce, FL 34982 We would like to have you response by February 24, 1999. JM/bv attachments - ....., ....,. ITEM NO. (J - / / AGENDA REQUEST DATE: March 9, 1999 REGULAR [ PUBLIC HEARING CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : County Attorney Donald G. Cole Property Acquisition Manager SUB,TECT : Request Permission to Advertise for a Public Hearing Abandonment of Drainage Easement Wide Waters subdivision, Lot 1 Tiemeyer BACKGROUND: St. Lucie County received an abandonment petition to abandon a portion of an existing drainage easement that runs through Lot 1, Wide Waters subdivision from Mr. Harold Melville, representative of Mr. and Mrs. Theodore N. Tiemeyer. They plan on relocating the drainage easeme~t to where the water flows naturally. At this time, staff is requesting the Board grant permission to Advertise for a Public Hearing to be held on April 6, 1999 for a portion of the existing drainage easement on Lot 1, Wide Waters Subdivision. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff is requesting permission to advertise for a Public Hearing to be held on April 6, 1999, which is a night meeting. ~ APPROVED OTHER: DENIED COMMISSION ACTION: ¿, o glas Anderson County Administrator XX County Attorney: ~21 Review and ~provals XX Engin..<ing,~ XX Public Works: (....J Purchasing: xx Originating DePt~~ Other: Finance: (Check for Copy only, if app:icable) E f f 5 / 9 6 ~- ~ .....¡ NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: You will take notice that in accordance with the provisions of Sections 336.09 and 336.10, Florida Statutes and Section 177.101, Florida Statute, a public hearing will be held by the Board of County Commissioners of St. Lucie County, Florida, in the Commission Chambers of St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida, on the 6th day of April 1999, at 7:00 P.M. or as soon thereafter as practicable, on the petition of St. Lucie County Board of County Commissioners, requesting that said Board of County Commissioners, close, vacate and abandon a portion of a 20' Drainage Easement, lying in Lot 1, Wide Waters Subdivision lying at the end of Turnabout Lane, East of Gilson Road and West of the North Fork of the St. Lucie River as hereinafter more particularly described, renounces and disclaims any right of St. Lucie County and the public in and to a portion of the lands lying within the 20' Drainage Easement in St. Lucie County, Florida, as described as follows: DESCRIPTION A 20' wide Drainage Easement to be abandoned lying within Lot 1 of "Wide Waters subdivision" as recorded in Plat Book 17, Page 2 of the Public Records of St. Lucie County, Florida and more particularly described as follows: Commence at the intersection of the Southwest property line of Lot 1 of "Wide Waters Subdivision" as recorded in Plat Book 17, Page 2 of the Public Records of St. Lucie County, Florida and the South right-of-way line of Turnabout Lane, (a 60' right-of-way with a 50' radius bulb): thence S38 degrees 30'00"E a distance of 33.00'; """" -I' ....., thence N 60 degrees 30'00"E, a distance of 10.12' to the Point of Beginning of the center line of a 20' wide drainage easement to be abandoned, said easement lying 101 on each side and parallel to said center line¡ thence continue N 60 degrees 30100"E, along said center line, a distance of 93.881¡ thence N 80 degrees 38'00"E, a distance of 75', more or less to the North Fork of the St. Lucie River and the Point of Terminus. Said parcel contains 3,378 square feet, more or less. All interested parties may appear and be heard at the time and place above specified. Written comments received in advance of the Public Hearing will also be considered. Anyone requiring special accommodations to attend or participate in the Public Hearing should contact the County Administrator at (561-462-1450 or TDD-561-462-1428) a minimum of forty-eight (48) hours prior to the hearing. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA. PUBLISH: PROOF: March 22, 1999 St. Lucie County Property Acquisition Division 2300 Virginia Avenue Ft. Pierce, FL 34982 BILL: Attorney Harold Melville Melville & sowerby, P.A. Attorneys t Law Laurel Professional Park 2940 S. 25th Street Ft. Pierce, FL 34981 COPIES TO: County Administrator County Attorney Public Works Director County Engineer Road & Bridge Manager Community Development Director G:\acq\WP\BELINDA\ABANDONM\Tiemeyer\notice of public hearing.wpd ..I..IØIr!D lUlDI;. GRAPHIC SCALE IN PET ~ ... CENTER UNE 1) The North line of Section 36. Township Ii ... CENTRAL ANGLE 37 South. Range 40 East Is assumed to R ... RADIUS LENGTH bear NS9·31·1S"W and all other bearings -......... L - ARC LENGTH shown hereon are relative thereto. -"" ) poe ... POINT OF COMMENCEMENT ð\\. "-~ POB ... POINT OF BEGINNING X"- \' PLS ... PROFESSIONAL LAND SURVEYOR 61:. \..ÚG _ TO BE ABANDONED / ~O<¿..,¿.A ,<O<¿V- , POINT OF TERMINUS ~ ~~ ..;;..$1 PROPOSED RELOCATED DRAINAGE EASEMENT PROPOSED DRAINAGE EASEMENT ABANDONMENT SOUTHWEST PROPERTY UNE OF LOT 1 S3S"30' 00" E ¡j/ Þ 'y't' - ~^' ~(j~ ~'t'.. ~ ~töO ~ . -# . ~~ sOU""" f4G~ r / / / / EXISTING 20' DRAINAGE EASEMENT TO REMAIN LOT 2 WIDE WATERS (PLAT BOOK 17, PAGE 2.) THIS: IS NOT A SURVEY Sheet 2. of 2. SKETCH OF DESCRIPTION FIle: 9903ESMT.dwg OF Dãte: 1-21-99 PROPOSED DRAINAGE EASEMENT p For THEODORE Ie aA TIEMEYER Tech: BOS CONSUL liNG ENGINEERS a: LAND SUR'JEYORS 2t8O SOU1H 25" S'fR£ET FORT fIIERŒ. FI.OfIIOA 34082 (1501)414-3537 ... ...., 'W' , AGENDA REOUEST ~~ ITEM NO. JJ:Ii DATE: April 6, 1999 REGULAR [] PUBLIC HEARING [X] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Ordinance No. 99-14 - Amending Section 1-20-17 of Article IT of Chapter 1-20 of the Code of Ordinances of St. Lucie County, Florida, by Prohibiting Parking on Oleander Avenue (Both Sides) trom the intersection of Kanner Drive for a distance of six hundred (600') feet to the North. BACKGROUND: See attached Memorandum No. 99-406. FUNDS AVAIL.: PREVIOUS ACTION: RECOM:MENDATION: Staff recommends that the Board of County Commissioners adopt the attached Ordinance No. 99-14 as drafted. [ ] fiPPROVED [] DENIED [~OTHER: continue to May 4, take a video and examine right of way to see if some parking could be allowed. E: COMMISSION ACTION: Dou as derson County Administrator County Attorney: ;Jr Review and ADprovals Management & Budget Purchasing : Originating Dept. Other: Other: Finance: (Check for Copy only, if applicableJ___ Eff. 5/96 '-' "'-II Se INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO: 99-406 DATE: March 25, 1999 SUBJECT: Ordinance No. 99-14 - Amending Section 1-20-17 of Article II of Chapter 1-20 of the Code of Ordinances of St. Lucie County, Florida, by Prohibiting Parking on Oleander Avenue (Both Sides) from the intersection of Kanner Drive for a distance of six hundred (600') feet to the North BACKGROUND: After conducting a traffic safety study on Oleander Avenue, the Traffic Operations Section of the Road and Bridge Division of the Public Works Department has recommended that parking be prohibited on Oleander Avenue (Both Sides) from the intersection of Kanner Drive for a distance of six hundred (600') feet to the North. The Engineering Division of the Public Works Department has approved the recommendation and the St. Lucie County Sheriff's Department has concurred with the recommendation. On March 23, 1999, the Board granted permission to advertise a public hearing to consider adoption of proposed Ordinance No. 99- 14. A copy of proposed Ordinance No. 99-14 as well as a copy of the proof of publication of the public hearing are attached to this memorandum. -- '-' ~ RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners adopt the attached Ordinance No. 99-14 as drafted. DSM/cac Attachments - '-" ....." ORDINANCE NO. 99-14 AN ORDINANCE AMENDING SECTION 1-20-17 (PARKING RESTRICTED ON CERTAIN STREETS) OF DIVISION 1 (GENERALLY) OF ARTICLE II (STOPPING, STANDING AND PARKING) OF CHAPTER 1-20 (TRAFFIC) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY PROHIBITING PARKING ON OLEANDER AVENUE (BOTH SIDES) FROM THE INTERSECTION OF KANNER DRIVE FOR A DISTANCE OF SIX HUNDRED (600') FEET TO THE NORTH; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of st. Lucie County, Florida, has made the following determinations: 1. Section 12S.01(1)(m) and Section 316.008, Florida Statutes, authorizes the Board to regulate and prohibit parking. 2. After conducting a traffic safety study on Oleander Avenue, the Traffic Operations Section of the Road and Bridge Division of the Public Works Department recommended that parking be prohibited on Oleander Avenue (Both Sides) from the intersection of Kanner Drive for a distance of six hundred (600') feet to the North. 3. The Engineering Division of the Public Works Department had approved the recommendation and the St. Lucie County Sheriff's Department had concurred with the recommendation. 4. It is in the best interest of the health, safety, and public welfare of the citizens of st. Lucie County to prohibit parking on Oleander Avenue (Both Sides) from the intersection of Kanner Drive for a distance of six hundred (600') feet to the Struck throngh passages are deleted. added. Underlined passages are 1- - '-' ....." North. NOW, THEREFORE, BE IT ORDAINED by the Board of County commissioners of st. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-20-17 (PARKING RESTRICTED ON CERTAIN STREETS) OF DIVISION 1 (GENERALLY) OF ARTICLE II (STOPPING, STANDING AND PARKING) OF CHAPTER 1-20 (TRAFFIC). section 1-20-17 of Division 1 of Article II of Chapter 1-20 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-20-17. Parking restricted on certain streets. (a) The term "parking" as used herein means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaging in loading or unloading merchandise or passengers as may be permitted by law. (b) The parking of motor vehicles, except in cases of emergency, is hereby prohibited on the right-of-way of the following roads or streets, or indicated portions thereof, at all times unless otherwise indicated: "Angle Road," (Both sides) from its intersection of Orange Avenue North to its intersection with Avenue B. "Angle Road," within three hundred (300) feet of its intersection with Avenue D. "Angle Road," within three hundred (300) feet of its intersection with Avenue Q. "Angle Road," within three hundred (300) feet on either side of the entrance to Westwood High School. "Arnold Road," the entire length of the right-of-way, from South 35th Street West to South 39th Street. "Atlantic Beach Boulevard," the entire length of the right-of-way, from Shorewinds Drive to its end, North Jetty. "Avenue D," within three hundred (300) feet of its intersection with Angle Road. Strnck tllrongh passages &re deleted. added. Underlined passages are 2- - '-' ,...., "Avenue Q," within two hundred (200) feet of its intersection with Angle Road. "Beach Avenue," (East side), within one hundred (100) feet of its intersection with Shady Lane. "Beach Avenue," (West side) , within one hundred (100 ) feet South of its intersection with Shady Lane. "Beach Avenue," (West side), within one hundred fifty (150) feet North of its intersection with Shady Lane. "Bell Avenue," (South side), from the intersection of Oleander Avenue Westerly approximately seven hundred (700) feet. "Chamberlin Blvd.," (North side), from one hundred forty (140) feet East of its intersection with U. S. Highway #1 (S.R. 5) for a distance of three hundred (300) feet to a point four hundred forty (440) feet East of its intersection with U. S. Highway #1 (S. R. 5). "Darter Court," (Both sides), from its intersection with Okeechobee Road to the East end. "Edwards Road," from will Fee Road West to Maravilla Boulevard, between the hours of 7:30 a.m. and 3:30 p.m., Monday through Friday. "Elm Avenue," the entire length of the right-of-way, from West 1st Street to West 2nd Street, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. "Everglades Blvd.," (Center Island) from its intersection of South Shores Road Northerly to the end of the Center Island for a total distance of seven hundred fourteen (714') feet. "Flamingo Boulevard," the entire length of the right-of- way. "Glades Cut-Off Road," five hundred (500) feet on either side of the landfill entrance and on both sides of Glades Cut-Off Road. "Glades Cut-Off Road," within three hundred fifty (350) feet in all directions of its intersection with Midway Road. "Indrio Road," (Both sides), from the projected center- Struck tl.rough passages are deleted. added. Underlined passages are 3- '-' '....I line of Indian pines village Entrance five hundred (500) feet East and five hundred (500) feet West; for a total distance of one thousand (1,000) feet. "Jenkins Road," within five hundred (500) feet of its intersection with Orange Avenue (SR 68). "Midway Road," (South side) within three hundred (300) feet of its intersection with 25th Street. "Midway Road," within three hundred fifty (350) feet in all directions of its intersection with Glades Cut-Off Road. "Moorings Lane," the entire length of the right-of-way, from North Ocean Drive to Oak Drive. "North Ocean Drive," the entire length of the right-of- way, from Sea Oats Drive to Shorewinds Drive. "Oak Drive," the entire length of the right-of-way. "Oleander Avenue," from the entrance to the State Farmers Market, Southerly approximately five hundred (500) feet. "Oleander Avenue," (Both Sides), from the intersection of Kanner Drive for a distance of six hundred (600') feet to the North. "Oleander Avenue," (East side), from West 1st Street to just South of the White School property, Monday through Friday, between the hours of 7:0 a.m. and 4:00 p.m. only. "Peters Road," (Both sides), from its intersection of State Road 70 (Okeechobee Road) for the entire length to the end of the existing pavement. "Sea Oats Drive," the entire length of the right-of-way, from North Ocean Drive to Oak Drive. "Shady Lane," within one hundred (100) feet of its intersection with Beach Avenue. "Shorewinds Drive," the entire length of the right-of- way, from North Ocean Drive to Atlantic Beach Boulevard. "South 33rd Street," (West side), the entire length of the right-of-way from Peterson Road to Whiteway Dairy Road. "South 35th Street," (West side), for a distance of one 3truGk through passages are deleted. added. Underlined passages are 4- - ... '-' '-I! hundred sixty-five (165') feet North of the Centerline of Arnold Road and a distance of one hundred seventy (170') feet South of the Centerline of Arnold Road. "South 36th Street," the entire length of the right-of- way, from virginia Avenue South to Arnold Road. "Tamarind Drive," the entire length of the right-of-way, from Shorewinds Drive to Flamingo Boulevard. "Tumblin Kling Road," within four hundred (400) feet West of its intersection with U. S. Highway 1. "Weatherbee Road," (Both sides), from its intersection of U. S. Highway # 1 East to its intersection wi th Pressler Lane. "West 2nd Street," (North side), from Elm Avenue East to Oleander Boulevard, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. "West 2nd Street," entire length of right-of-way, from Elm Avenue West to Cypress Street, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. "Will Fee Road," between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday. "Windham Lane," the entire length of the right-of-way, from Atlantic Beach Boulevard to Oak Drive. "50th Street," within two hundred (200) feet of its intersection with Angle Road. (c) The road superintendent of the county is directed to erect the necessary signs on the roads and streets, or portions thereof, covered by this section to advise the public that parking is prohibited at all times or during certain times, as provided in this section. (d) Penal ties for violation of this section shall be in accordance with State law. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of st. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this 3truGk tl.rough passages are deleted. added. Underlined passages are 5- - - '-" '...J ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. This ordinance shall be applicable within recorded subdivisions in unincorporated St. Lucie County. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect on receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second the vote on this ordinance was as follows: Chairman Paula A. Lewis xx vice Chairman John D. Bruhn xx StrtlGk tl~rotlgh passages are deleted. added. Underlined passages are 6- - .......- ....." commissioner Cliff Barnes XX Commissioner Frannie Hutchinson XX Commissioner Doug Coward XX PART G. CODIFICATION. provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 6th day of April, 1999. ATTEST: BOARD OF COUN'rY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY strnck tlŒongh passages are deleted. added. Underlined passages are 7- - --- -- "-" BOCC 2300 VIRGINIA AVENUE . FORT PIERCE, FL 34982 ATTN.: COUNTY ATTORNEY THE:::¡' . HlBUNE P.O. Box 69 Fort PieICe. SL Lucie County. Rorida 349S4-0069 STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared Maureen Saltzer- Gawel, or Cathi Revels, who on oath says that he/she is publisher, classified manager of The Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of the advertisement, being a NOTICE OF INTENT in the matter of COUNTY ORDINANCE NO. 99-14, etc. was published in said newspaper in the issues of March 25, 1999 Affiant further says that The Tribune is a newspaper published at Fort Pierce, in said SI. Lucie County, Horida, and that the said newspaper has heretofore been continuously published in SI. Lucie County, Horida, each day and has been entered as second class mail matter at the post office in Fort Pierce, in said SI. Lucie County, Horida, for a period of one year next preceding the first publication of the attached copy of advertisement: and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me March 25, 1999 tltJ~v\' ~ O~uJ¿,~ <õr7!~~LU ';:~~_-;Ei;i~;;;El J - Á.«y-~ "';"~~ )( I/) fJ . /J . (;'J . /I ..1 A /i:/' I:;' r-:~'[i:',\':ì .''''1, l·, .¡1m l;..p. 4./2,".5;...2002. . (j )~Ifd.(.L}U/U ~~ \. \::'_1.:/ j ( :" :;(: .:,:'..', "-..:::,..,,,.l .. ,; '"",- _,."')\"" . '-'>"f:r'="'I . Notary Public ---"..,,,,. ';';';.;".:;~~ ....,; No. 3277-N BEFORE THE BOARD OF COUNTY COMMISSIONERS sr. LUCIE COUNTY, FLORIDA NOTICE OF INÆNT NOTICE IS HEREBY GIVEN !hat the Board or COII'IIy ComrnIIIIon8II of st. LucIe County, FIoItda, will consJder adopting a County Ordinance (No. 99-14) amending Section 1-20-17 01 ArtIcle II of Chapter 1-20 of the Code ot Ordinances of St. lucie County, Florida, at Its Public Hearing on Tuesday, the 6th day of April, 1999, at 7:00 p,m., or as soon thereafter as the matter may be heard in the 51. lucie County Commission Chambers at the 51. lucie County Administration Building Annex. Third Floor, 2300 Virginia Avenue, Fort PIerce, Florida. Matters aftectlng your personal and property rights may be heard and acled upon. All Interested persons are Invited to attend and be heard. wrttten comments received in advance of the public hearing will also be heard. Copies of the proposed ardlnance may be obtained from the County Attorney's Ottlce, 51. Lucie County Administration Building Annex, 2300 Virginia Avenue. Fort PIerce, Florida, 349B2. Amendments to the proposal may be made at the public hearing. If any person decides to appeal any decision made with respect to any matter considered at the meetings or hearings of any board, cømmlttee, commission, agency. council or advisory group, that person will need a record ot the proceedings and that, for such purpose, may need 10 ensure I that a verbatim record of the proceedings Is made, which record should Include the testimony and evidence upon which the appeal Is to be based. Upon the request of any party 10 the proceeding, Individuals testttylng during a hearing will be sworn In. Any párty 10 Ihe proceeding will be granted an opportunity 10 cross-examine any Indlvlduallestltylng during a hearing upon request. The title of the proposed ordinance is as follows: ORDINANCE NO. 99-14 A ORDINANCE AMENDING SECOON 1-20-17 (pARKING RESlRlCTED ON CERfAlN STREE1S) OF DIVISION 1 (GENERALLY) OF AR11ClE U (STOPPING, srANDlNG AND PARKING) OF CHAPTER 1-20 (TRAFFIC) OF THE CODE OF ORDINANCES OF sr. WCIE COUNTY. FLORIDA. BY PROHIBIßNG PARKING ON OLEANDER AVENUE (BOTH SIDES) FROM THE INtERSECTION OF KANNER DRIVE FOR A DISTANCE OF SIX HUNDRED (600') TO THE NORTH: PROVIDING FOR CONFUC11NG PROVISIONS: SEVERABlUIY AND APPUCABILl1Y; PROVIDING FOR FlUNG WfIH THE DEPARTMENT OF srATE; PROVIDING AN EFFECTIVE DATE: PROVIDING FOR ADOPTION: AND PROVIDING CODIFICATION. THIS NOTICE EXECUTED AND DATED THIS 23TH DAY OF MARCH. 1999. Submitted by: Daniel S. Mcintyre County Attomey Publish: March 25. 1999 - - -- - ~ 'W" ~GENDA REQUEST ~M NO. 4!' c r- _.J DATE: 04/06/99 CONSENT REGULAR PUBLIC HEARING [ X ] Leg. [] Quasi -Jud. [X] SUBLTECT : Request for Rezoning of on the north side of Delaware Avenue, approximately 500 feet east of Hartman Road from the RS-3 (Residential, Single-Family - 3 du/acre) Zoning District to the I (Institutional) Zoning District - Draft Resolution 99-010 opment Director TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Development BACKGROUND: Petition of Father Michael Sajda for a Change in Zoning from the RS-3 (Residential, Single-Family 3 - 1 du/acre) Zoning District to the I (Institutional) Zoning District. The stated purpose of the rezoning is to allow ballfields for John Carroll High School. (File No.: RZ-99-005) FUNDS AVAIl.ABLE: N/A PREVIOUS ACTION: The Planning and Zoning Commission, by a vote of 8 to 0 with 1 member absent (Mr. Merritt), recommended approval of the rezoning at its March 18, 1999, meeting. RECOMMENDATION: Approve Draft Resolution 99-010 changing the zoning from the RS-3 (Residential, Single-Family - 3 du/acre) Zoning District to the I (Institutional) Zoning District for property located on the north side of Delaware Avenue, approximately 500-feeteast of Hartman Road. ~v1 APPROVED [] DENIED OTHER: continue to 4-20 at 7PM the Diocese will consider the ug as M. Anderson ty Administrator COMMISSION ACTION: County Attorney: ~ Review and Approvals Originating Department: Finance: (Check for Copy only, if applicable) Management & Budget: Other: Purchasing: Other: · '-" ....., C;F COUNTY COMMISSION REVIEW: April 6, 1999 Resolution 99-010 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT Date: Subject: Board of County Commissioners Community Development Director March 31, 1999 Petition of Father Michael Sajda, for a Change in Zoning from the RS-3 (Residential, Single-Family - 3 du/acre) Zoning District to the I (Institutional) Zoning District. (File No.: RZ-99-005) To: From: The proposed rezoning of property located on the north side of Delaware Avenue, approximately 500 feet east of Hartman Road from the RS-3 (Residential, Single-Family - 3 du/acre) Zoning District to the I (Institutional) Zoning District. The stated purpose of the rezoning is to allow for soccer and softball fields for John Carroll High School. At the March 18, 1999, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 8 to 0 with one member absent, recommended approval of this petition as set forth in Draft Resolution 99-010. This proposed rezoning meets the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code, and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends the approval of this petition for a change in zoning from the RS-3 (Residential- Single-Family - 3 du/acre) Zoning District to the I (Institutional) as set forth in Draft Resolution 99- 010. SUBMITTED: hf cc: Father Michael Sajda File 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ~ ~ ...., RESOLUTION 99-010 Fll..E NO.: RZ-99-00S A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE RS-3 (RESIDENTIAL, SINGLE-FAMILY - 3 DU/ACRE) ZONING DISTRICT TO THE I (INSTITUTIONAL) ZONING DISTRICT OF CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Father Michael Sajda presented a petition for a change in zoning from the RS-3 (Residential, Single-Family - 3 du/acre) Zoning District to the I (Institutional) Zoning District for the property described below. 2. On March 18, 1999, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve the hereafter described request for a change in zoning from the RS-3 (Residential, Single-Family - 3 du/acre) Zoning District to the I (Institutional) Zoning District for the property described below. 3. On April 6, 1999, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed change in zoning is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. 5. The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed change in the Zoning District Classification for that property described as follows: COOPER'S SUBDMSION, LOTS 4 AND 5. (Tax ID#'s: 2408-706-0004-000/3 and 2408-706- 0005-000/0). CONTAINING 3.67 ACRES. File No.: RZ-99-005 March 2, 1999 Resolution 99-010 Page I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 '-" '-" (Location: North side of Delaware Avenue, approximately 500 feet east of Hartman Road.) owned by The Arch Diocese of Palm Beach, is hereby changed from the RS-3 (Residential, Single-Family - 3 du/acre) Zoning District to the I (Institutional) Zoning District. B. The St. Lucie County Community Development Director is hereby authorized and directed to cause the change to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman Paula A. Lewis xxx XXX XXX XXX XXX Vice-Chairman John D. Bruhn Commissioner Frances Hutchinson Commissioner Doug Coward Commissioner Cliff Barnes PASSED AND DULY ADOPTED This 6th Day of April 1999. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney hf H:\ WP\RESOLUTI.N\FINISHED.99\Sajda.RZ\SajdaRES.wpd File No.: RZ-99-005 March 2,1999 Resolution 99-010 Page 2 '-' ......; co ~ z ""tJ '" 6 '" " ~ -~ ¡:: ~ CO " '" 6 ,';; '" '" (f) p. >. ~ 0 ¡:: w · " 0 0 J - 0 }t,\\'?t.\\ > .- Æ < Q) " ~ U \()~t.þ.O\ <=> " · 0 6 'C CO :>, ... · u I ~~ " Ï · · ..c ¡:: ¡:: ~ ( (j) " - · Ü y. 6 .S Co " (j) Co ~ 6 .c: · X- 0 p. " ci ~ I:- u " ... N () "" 0 I:- " ~ a: " Q) '\ Y. ..c tt ~ !~ ~ ~- LL ^' N :;:: U <1> '" u: -~ u: ç . . ~ ç z z ::> z 0 ::> Ü 0 OVOt! 3Nt1 3~NV1:l () a: ~ UJ ~ ~ w Z > Z tt ~ ~ ~ ã: ~ z ~ > w 00 ~ '" « ~ ~ Q.,OI:l NOlll;Iyj :::;E <D Z u: '" Z tt OYO!:! 033NS ~ 0 u: z « vZ-J 'VNV::J is ~ I: -J lVNVJ ~ r <'- ~1)þ.Q '" ~ z u: <'- '" 0 AlNnO:J ~ S vI: S 51: S 91: 3380H:J33>10 ~ ""-' Father Michael Sajda Zoning I - CG CC ~ '\ . ..... ..... c U 'J) , .....J to - "'0 r""\"\ 3 _At antic Ave 1B4 0 1\,). .c: .c: 0 ..... ~ ~ lO Q) f'I) ~ ~ . U1 (fJ 7 ~ I ~ City of I Ft. Pierce "'0 % V 0 , , ~ 0 a:: 7"' - z ~ / I / " " Delaware Ave ~ , ,.....\ Q) sz C ' I > 0 1........._. ,-'-'" .- E . \ \... I 0 SI ..... ì ......, )-3 \... ('-ì RS-3 .... ~n\: 0 \ . , z '2 I '-.~ - ~ "'0 zglD Menendez Ave 0 "'-"" "'0 I 0 1 , ~ ,3 0 , 14 , Q) ---..--.... æ 0 I (f) a:: 0 z , a:: ..... 1 Z7 t :J 6 I ---- 0 I O.....oOd .0 Ln 115 , a::: Fontonedo u:I Ave I 4 I r I I Orange J ~S-4 Ave /A D []~ " RZ 99-004 Community Development t Geographic Information Systems Map revised January 25. 1999 ThIs mop hu been ~ tor general pIamk>g 100 releronco purpoHS only. While ~ effort has been made 10 provIdt the molt current and r.ccurate N WormIIdon pontile, k Is not i1Iended for use .. . legally binding docu'nent. ~ - - Father Michael Sajda Land Use I ,.. COM '\ . CO~ A .oJ .oJ c: U V1 , .....I tJ - -0 '--~ antic Ave IB., 0 ..c: 0 , .oJ +- ~ to ~ Q) 1'0 ~ If ,.> V1 if 7 RU ~ PIF ~ City of Ft. Pierce -0 , ~~ 0 , 0 a::: ~~ - z , ~ " " Delaware Ave P¡Ç-' , ~ , ,.....*\ Q) sz c: (......_1 ,-'-'.. .~ 0 . \ l- E I 0 SI .oJ ; I- ,.--, I 0 RU , .... \ . z '2 RU I '_.1 JO ~ '-- -0 sID ~endez Ave 0 0 -0 I , ~ ,3 0 ' I~ I ------- Q) æ 0 (J) I 0 a::: z I a::: .oJ I Z1 z ::J 6 I ---- 0 I D....wood .-9 Ln 26 , f'ontonedo [J:I a::: Ave I ., I r I I Orange J lRH Ave //11 o [[]~ " RZ 99-004 Community Development t Geographic Information Systems Map revised January 25, 1999 _ mop hoI -. ~ tor geno<aI pIamIng and ..,.....,. _ cri¡. While """" 8Itort haa been ITIIIde to prOYIde Iho ..- """"'"' II1d IICCUt8Ie N Information possible. II: Is not:..ended tor use .. . legally bi'Idng docLmenI. '-' .....,¡ PUBLIC HEARING FATHER MICHAEL SAJDA FILE NO. RZ-99-004 Chairman McCurdy explained the Planning and Zoning Commission hearing procedures. Mr. Hank Flores presented staff comments. Mr. Flores stated that he was presenting the petition of Father Michael Sajda for a Change in Zoning from the RS-3 (Residential, Single-Family - 3 duJacre) Zoning District to the I (Institutional) Zoning District for 3.67 acres ofland located on the North side of Delaware Avenue, approximately 500 feet east of Hartman Road. Mr. Flores stated that the purpose ofthe rezoning is to allow the property to be used for ballfields for John Carroll High School. Mr. Flores stated that the surrounding zoning to the subject property is RS-3 (Residential, Single- Family - 3 duJacre) to the north, south, east, and west. CG (Commercial, General) to the northeast. I (Institutional) to the east. Mr. Flores stated that staff has reviewed this petition and determined that it conforms with the standards of review as set forth in the St. Lucie County Land Development Code and is not in conflict with the St. Lucie County Comprehensive Plan. Staff is, therefore, recommending that you forward this petition to the Board of County Commissioners with a recommendation of approval. Chairman McCurdy asked if there were any questions for Mr. Flores. Chairman McCurdy asked if the applicant was present and would like to address the Board. At this time, Chairman McCurdy opened the public hearing. Chairman McCurdy asked if there was anyone that would like to speak in favor of or in opposition to this petition. Mr. Terry Cooper, 3912 Delaware Avenue, Fort Pierce, addressed the Board. Mr. Cooper stated that he owns Lot 3 and that he will be surrounded on several sides by ballfields. Mr. Cooper stated that in lieu of the fact that no one is here tonight from John Carroll High School, he would request that this hearing be continued until such time that he can hear what they propose. Mr. Kelly stated that this petition would have been heard by the County Commission on March 16th, however that meeting has been canceled. This petition has been rescheduled for the April 6th Board of County Commission meeting. Planning & Zoning Commissionl Local Planning Agency February 25,1999 Page 3 \wt ....." Mr. Kelly stated that ifthe Board would like to continue this hearing to the March 18th Planning and Zoning meeliag it could still be heard by the County Commission in exactly the same time rrame. The applicant would not be penalized in any way, staff does not know why the applicant is not here and this may provide an opportunity for a fairer hearing without penalty to the applicant since they are already being pushed back. Chairman McCurdy asked if there was anyone else that would like to speak in favor of or in opposition to this petition. Ms. Judy Dennison, 195 Hartman Road, Fort Pierce, addressed the Board. Ms. Dennison asked staff if another zoning district would allow John Carroll High School to have the ballfields. - Ms. Dennison stated that if the property is rezoned to Institutional and the property is ever sold, anything could be placed on the property that falls within the permitted uses of Institutional. If John Carroll decided not to place ballfields on this property, they could place something on the property that may be of benefit to some but certainly detrimental to the residents. She would prefer that the applicant be held to the placement of the ballfields. Mr. Kelly stated that there is no other zoning district. The RF (Religious Facilities) zoning district only allows for the church itself. The school, the ballfields, and the other uses that John Carroll would like requires an I (Institutional) zoning district. He stated that Ms. Dennison is correct in that once the property is rezoned, anything on the list of permitted uses is a permitted use on that parcel. Chairman McCurdy asked if there was anyone else that would like to speak in favor of or in opposition to this petition. Hearing no further arguments in favor of or in opposition to the petition, Chairman McCurdy closed the public portion of the hearing. Chairman McCurdy asked what would be the pleasure of the Board. Mr. M.erritt made a motion to continue Father Michael Sajda until March 18th at 7 :00 p.m. or as soon thereafter as possible. Mr. Moore seconded the motion, and upon roll call the motion was approved 7-0. Planning & Zoning Commission! Local Planning Agency February 25, 1999 Page 4 '-" 'wtI PUBLIC HEARING - - FATHER MICHAEL SAJDA FILE-NO. RZ-99-004 Chairman Wesloski explained the Planning and Zoning Commission hearing procedures. Mr. Hank Flores presented staff comments. Mr. Flores stated that he was presenting the petition of Father Michael Sajda for a Change in Zoning from the RS-3 (Residential, Single-Family - 3 du/acre) Zoning District to the I (Institutional) Zoning District for 3.67 ac!es ofland located on the North side of Delaware Avenue, approximately 500 feet east of Hartman Road. Mr. Flores stated that the applicant is proposing ballfields for soccer and baseball for the John Carroll High School. Mr. Flores stated that the surrounding zoning to the subject property is RS-3 (Residential, Single- Family - 3 du/acre) to the north, south, east, and west. CG (Commercial, General) to the northeast. I (Institutional) to the east. Mr. Flores stated that staff has reviewed this petition and determined that it conforms with the standards of review as set forth in the St. Lucie County Land Development Code and is not in conflict with the St. Lucie County Comprehensive Plan. Staff is, therefore, recommending that you forward this petition to the Board of County Commissioners with a recommendation of approval. Chairman Wesloski asked if there were any questions for Mr. Flores. Chairman Wesloski asked if the applicant was present and would like to address the Board. Mr. Mike Driscoll, 1920 Wren Avenue, Fort Pierce, addressed the Board. Mr. Driscoll stated that he represents Fa!þer Michael Sajda and John Carroll High School. He stated that he is a member of the School Advisory Board and is involved in the long range planning process for the school. Mr. Driscoll stated that Lots 4 and 5 were purchased a few months ago, they are currently zoned residential and cannot be used for the school's intended purpose. He stated that as shown on the overhead, the Diocese of Palm Beach owns the parcel zoned Institutional and all the way back to South 33rd Street. He stated that the Institutional parcel is currently used as a football field and track. Mr. Driscoll stated that Lots 4 and 5 are intended to be used for softball and practice fields for soccer. He stated they recognize within the Institutional zoning any building structure placed on this property, in the future, would require a conditional use approval before this Board and also the County Commission. Mr. Driscoll stated that he would be happy to answer any questions. Planning & Zoning Commission! Local Planning Agency March 18, 1999 Page 2 '-" -...",¡ Chainnan Wesloski asked. if there were any questions for Mr. Driscoll. Mr. McCurdy asked Mr. Driscoll if the school will be expanded in the future. Mr. Driscoll stated that John Carroll High School currently has approximately 500 students with a planned 10% increase at a slow progression for a total of 550 students. There is no interest in trying to expand John Carroll into a large major school. The property and the facilities at the present time, with a few more classrooms, will facilitate their needs in the future. Mr. McCurdy asked Mr. Driscoll if the Diocese plans to stay with this location for the foreseeable future. Mr. Driscoll stated that there have been no discussions or plans for any other schools at the secondary level. He stated that John Carroll is the high school for the Diocese, serving a four county area. Ms. Dreyer asked Mr. Driscoll if the fields will be lighted. Mr. Driscoll stated that this property is a very old citrus grove with a few oak trees. He stated they plan to clear the majority of the property, level it, grass it, and possibly install some fencing to separate it ftom the neighboring properties. He stated that because of the size and the layout of the lots the only thing that could be placed on these lots would be a practice soccer field and a softball field. He stated that it would not be economically feasible to install lighting for a very short softball season. A football field had also been discussed on these lots, physically and economically it just would not work. Mr. Driscoll stated that another limiting factor on the use of this property are the FP&L high powered tension lines that run along the east side of Lots 4 and 5 and between the currently owned and zoned Institutional property. The lines run to the north and back to the east, down to the comer of33rd Street and Delaware to the transmission substation; He stated that they need to stay clear of the concrete poles, the lines and the FP&L easements. - Mr. Driscoll stated that when the school considered placing a football field on these lots he asked about lighting. He was told they would not be able to install lighting because FP&L already had poles on the north and east boundaries of the lots. Additional poles would not be allowed as they could possibly go down during a stonn, affecting the FP&L high powered tension lines. Mr. Driscoll stated that they do not have any plans nor would it be feasible to have lighting. Chainnan Wesloski asked if there were any further questions for Mr. Driscoll. At this time, Chainnan Wesloski opened the public hearing. Chainnan Wesloski asked if there was anyone that would like to speak in favor of this petition. Planning & Zoning Commissionl Local Planning Agency March 18, 1999 Page 3 - - - \wi 'wi Chainnan Wesloski aslœd if there was anyone that would like to speak in opposition to this petition. Mr. Terry Cooper, 3912 Delaware Avenue, Fort Pierce, addressed the Board. Mr. Cooper stated that he owns Lots 1,2, and 3. He stated that Lots 1 and 2 are vacant and his home is located on Lot 3 which is adjacent to Lot 4. Mr. Cooper stated that he does not have anything in particular against the proposed use of Lot 5, Lot 4 leaves a little bit to be desired. He stated that Lot 4 runs the full length of his yard and his house would just be 30-40 feet away ftom the athletic fields. Mr. Cooper referred the Board to item #8 in the staff report which reads "whether the proposed amendment would be in conflict with the public interest and is in hannony with the purpose and intent of this Code". He stated that he does not know about the purpose and intent of the Code, but as far as public interest, he is probably the most affected public in the area, because he will be surrounded on three borders of his property by this. Mr. Cooper stated that he is not concerned about Lot 5. He is hesitant about Lot 4 being zoned Institutional due to the number of uses that could take place. It has been stated that Lot 4 will be used as a practice soccer field. This will create a lot of activity at the side of his house. Chainnan Wesloski asked if there was anyone else who would like to speak on this petition. Chainnan Wesloski asked Mr. Driscoll ifhe would like to address the concerns of Mr. Cooper. Mr. Driscoll stated that they purchased Lots 4 and 5 knowing if they ever wanted to develop Lot 5, they would need the Delaware Avenue ftontage from Lot 4. If they only owned Lot 5 they would not have the required access of 60 feet. Mr. McCurdy asked Mr. Driscoll ifthe high powered tension lines run north and south along the eastern border of Lot 4. Mr. Driscoll stated that they run north and south along the eastern border of Lot 5. Mr. Lounds asked Mr. Driscoll ifthey plan to have traffic flow onto Lots 4 and 5. Mr. Driscoll stated that they have not made any plans beyond the clearing and the placement of grass. He stated that there is a potential for some minor traffic if a game or practice were to be held. He stated that there is sufficient parking to the east side of the Institutional parcel with 50 spaces being added at the present time. Mr. Lounds asked Mr. Driscoll without lights would he anticipate much activity after sundown. Mr. Driscoll stated no. Planning & Zoning Commission/ Local Planning Agency March 18, 1999 Page 4 '-' 'wi Mr. Lounds asked Mr. Driscoll if practices would occur in the late_~fternoon. Mr. Driscoll stated that practices would occur after school. Mr. Driscoll stated that he spoke with Father Michael regarding the possibility of having Physical Education classes on these lots. Father Michael immediately said no. Mr. Driscoll stated that from the center of Lot 5 to the closest building is approximately 1,200 feet, which is almost a 1/4 mile. Mr. Driscoll stated that having access to practice fields are a problem in the after school hours. The current soccer and softball fields are shared with St. Anastasia School because this is when all the kids are available to practice. He stated that many of the seasons overlap now and this is the primary reason the school needs additional fields. Chairman Wesloski asked if there were any further questions for Mr. Driscoll. Mr. Lounds asked Mr. Cooper if at the present time there is any noise intrusion from the school. Mr. Cooper stated that when they use the P.A. system or when the band practices. It is not a particular annoyance. He understands there are children present and they have activities, but to bring them even closer would be more of an intrusion. Mr. Cooper stated that he was involved in the planning of the subdivision. The County insisted that Lot 5 not be land-locked. It is by County rules that Lot 5 has a peculiar shape which would give adequate vehicular access to Lot 5 without having to use Lot 4. He stated Lot 5 was planned to be 15 feet wide from Delaware and then open up to 30 feet to handle the vehicular traffic needs ofthe future. Mr. Lounds asked Mr. Cooper ifhe and his wife are employed. Mr. Cooper stated that he is a retired police officer. His wife is employed by the citrus industry in Fort Pierce. Chairman Wesloski asked if there was anyone else who would like to speak on this petition. Ms. Judy Dennison, 195 Hartman Road, Fort Pierce, addressed the Board. Ms. Dennison stated that they are relatively close to the proposed changes and are concerned about the flow of traffic and nOIse. Ms. Dennison stated that many times they can hear the kids practicing. It is not especially annoying, but ifit were closer, perhaps it could be. She stated that she understands that if the school were to change the intended use of the property, to include a structure, the residents would have the opportunity to raise questions. Chairman Wesloski asked if there was anyone else who would like to speak on this petition. Planning & Zoning Commission! Local Planning Agency March 18, 1999 Page 5 - - - "-' '-'" Mr. Cooper asked Chainnan Wesloski if he could voice one more conc~rn. Chainnan Wesloski stated that this would have to be the last time. Mr. Cooper stated that every so often the school has an activity and the parking is not contained on their property. He has noticed neighbors up and down Delaware Avenue place ribbons on their property to block people from parking in their driveways. He stated that he is concerned the school would use Lot 4 for parking. Chairman Wesloski asked Mr. Driscoll ifhe would like to address the concerns of Ms. Dennison and Mr. Cooper. Mr. Driscoll stated that the school experiences a problem every year in October during the Fall Festival. The Festival Committee places ribbons in yards and driveways to help the residents protect their yards and driveways from the public. Mr. Driscoll stated that the school would certainly like to cooperate with the residents to continue the placement of the ribbons. He stated that the school also provides security during the event to try to control the traffic as much as possible. Hearing no further arguments in favor of or in opposition to the petition, Chairman Wesloski closed the public portion of the hearing. Chainnan Wesloski asked if there were any questions for staff. Mr. McCurdy asked Mr. Flores if a buffer or vegetation is required between the residential and proposed Institutional area. Mr. Flores stated that a buffer zone would only be required if a circulation area were installed; Chainnan Wesloski asked if there were any further questions for staff. Mr. Matthes asked Mr. Flores if site plan approval would be required ifballfields were put on these lots. Mr. Flores stated no. Chainnan Wesloski asked what would be the pleasure of the Board. Chainnan Wesloski stated that she would like to hear a motion. Chainnan Wesloski stated that she was passing the gavel to Mr. McCurdy. Chainnan McCurdy asked if there was a motion. Planning & Zoning Commission! Local Planning Agency March 18, 1999 Page 6 - \..f '-' After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in Section 11.06.03, St. Lucie County Land Development Code, Ms. Wesloski moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Father Michael Sajda for a Change in Zoning from the RS-3 (Residential, Single-Family - 3 du/acre) Zoning District to the I (Institutional) Zoning District. Mr. Lounds seconded the motion, and upon roll call the motion was approved 8-0. Chainnan McCurdy passed the gavel back to Ms. Wesloski. Chainnan Wesloski stated that the petition would be forwarded to the Board of County Commissioners with a recommendation of approval. Planning & Zoning Commission! Local Planning Agency March 18, 1999 Page 7 ~ - '--' 'wi AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, APRIL 6, 1999 7:00 P.M Petition of Father Michael Sajda (Robert w: Lynch, Agent), for a Change in Zoningfrom the RS-3 (Residential, Single-Family - 3 du/acre) Zoning District to the I (Institutional) Zoning District for the following described property: (Location: North side of Delaware Avenue, approximately 500 feet East of Hartman Road) THE PROPERTY'S LEGAL DESCRIPTION IS A VAILABLE UPON REQUEST If it becomes necessary, these public hearings may be continued from time to time. Please note that all proceedings before the Board of County Commissioners are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the . - request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners on March 25, 1999. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on March 25, 1999. FILE NO. RZ-99-004 - - ... '- '-' ST. LUCIE COUNTY BOARD Of COUNTY COMMISSIO~ERS PUBLIC HEARING AGENDA APRIL 6, 1999 .. 3. THE JET SERVICE .CENTER (Hollyce Hoover, Agent). has applied for 0 Major Adjustment to the exisllng ConditionolUse at the SI. Lucie COUnty International Air- port. The proposed Major Adjust- ment Is 10 expand the daily opero- lions to allow let pointing services, o I,BOO square foot omce,~md 0 12,000 square foot hangar for ~ following described properly: . Beginning at the southwest cor- ner of SectIon 29. ' Township ;34 South, Range 40 East, run ,South 87°49'54" East 30.00 feet 10 0 point lying on the south line of sold seciion; run North 00"26'26" E,ast 525.11 ·feet pOralleFtO\ íhe west line of said section; run South 87"51 '34" East 23 L09 ·feet, to the Point of Beginning; fronuald Point of Beginning run South 87"51 '34" East 517.19' feet; run North 4S015'26". East 559.19 feet; run South 50"08' 4(Ü" 'East .l60.49 feet· run South 00"26'26" West 589.00 ieet; run South8~52'26" West 1 044.20 . feèt; run North 00"26'26" East 319.83 fee .10 the Point of. Beginning. (Tax to: No; 1429-342-0001..000/8). (Locollon: 3131' Jet Center Ter- race, St. Lucie County International Airport). ' . 4. PETER L SANDEfUR, for 0 Variance from Sectlo,n 6.02.02(B)(2)(a), of the 51. Lude County .Land Development Code to allow ,for· the coilstrudion of 0 single-family home within· 50 . feet of the mean high wOter line of the St. Lucie RI_ for the following described property: SectIon 24, Township 37 South, , Range 40 East, Beau Rivage Heights, Lot 12 and that port of conal adj to SO lot bnded by 'eX! of N & sly Ii of Lot 12 (OR 695- 1 3 2 4) , ( To x I. 0 . No. 4424-80+OO12..ooo/CJ). . . '. , (location: 623. Howard . Creek Lone)' - .. . PUBLIC HEARINGS will be held In the County. CQmmlsslon, 'Cham~ ben, 3rd floor of: the Roger Poitras Admlnl$lratlon, Annex Building, 2300 Vtrglnkl Avenue, .Fort Pierce, Florida on April 6,1999, begin- "Ing0l7:OO PJy\.oras soon ~I!': after as. possible. '.' , . PURSUANT. TO SectIon 286.01 05, ,Florlcla,5tatutes;; If . a persOn decides 10 apf*ll any deci- sion made by a board"agency,or commlssionwlthresped Ioaoy matler considered at' a meeting' or hearing, he will need c¡ recOrd of the proceedings, and that, for s~ purpose, he may' need . 10 ensvre that 0 vwbOflm reOOrd of the pro- ce«llngs Is níade, which r~d Indudes . the . testimony and evi- dence upon which theappealls to be based. . I BOARD OF COUNTY . COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ PAULA A.LEWlS, . CHAIRMAN Pub.: Mar. 25, 1999 ¡ILL 1'lwJj .'·T TO WHOM IT MAY ,CONCERN: NOTICE Is herebý~lVen In oeç«.da'nce w,tf\1 sedIorÌ+¡:~·03\; orthe 51, luclè!tounty land !>evel, ~ oPment~ê';~nd In, 'a~nca' : with ,the provisionS "of the 'St. Lucie CÒ\Jnty Comprehensive Plan, that the following applicants' have ' requested that the St. Lude COIInty Board of.Coünty 'Commissioners . consider their request as follows(· . '1. FATHER . MICHAEL SAJDA; . for a Change In Zoning from the RS-3 (Residential. Slngle-Fainlly.~¡ du/aae) Zoning District 10. the), pnstlMlonoQ Zoning D,lslrlÇ,1,for the following described property:;: , SECTION 8, TOWNSI;:IIP 35 SOUTH, RANGE 40 EAST{Coq.. PER'S SUBDIVISIONlOT"'(O.88 Aq(OR 1189-956) AND"LOT5 (2.79 Aq(OR 1189-956) (TAX),D. NOS. 2408-706-0oo4-000/3"~nd 2408-706-0005..000/0)..0' .. . . (locol1on: North side of.· Dela'-, ware Avenue, approximately 500 feet East of Hartman Road). '. ,. . 2. THE FORT PIERCEAIRCE~~ TER(Érnestó Velasco, Agent). hø,- ' applied for a Ma or Adlusfm'"t~ the :exlstlng Conditional Use áI ~ ' 51; Lucie County Internollonal Alr~ port. The proposed· MaiorAdlust: menl Is to conslruèt a ",800 sqUCIfÌI' foat hangar (Hangar E-12) ·for the. following described properly: .' Beginning .at the south~ COC:-. ner of Section ,29; Township 34 South, Range 40·. East run ,South 89°31'34" E~st 30.00 feel ·10 a point lying on the south line Of såld section; thenc~ run Nor.lh 00"26'26" East 625.11 fief porat: lei to the west line af iqldsect1J¡n' , to a point; thence rUn. So.lII~ 8;,051 '34" East 36.09 feet toâ point;Sald. point .belng!M., .Pcitnl.9f Beginning; ,fiç~'sal~Po nt;o! Beglnnlngry~;, ~:87",~t~t East 668.83 feet to a pOInt; IMïlce , run North 4S015'26" East 5,15;~8 feet. to a point;' thence, run' Ncxth, 44°42'34" West 1314.92 fêet toa ' point, said point being the. P;C:~ a curve concave 10 tlie'~, hav~: Ing .0 delta angle: Of 30~4~OÒ'¡; and a radius of 1294.52 f"I;', thence run In osóuthertydlr~IÓÒ' cilong the arc; of scild~,67.8,~~ feet to 0 point; said pc.lnt.belng the P.T. afsald curve;th~ run ~, , 45°1726" Wesl' 100 . feet loa point; thence run Southor.:z2'~6.'? West 540.00 feet to a .polnt; said, point being the Point of Beginning. All lying In SecI10n 29, To~hlp 34 South, Range 40 East, St. L~cie County, Florlda.(T ax' 1.0. No. 1429-323-0002-000/6). (Location: 2982 Curtis King Bou- levard, 51; Luclè' County Interna~ tlonal.Alrport; Hangar 12) ... - - ~ No. 1229 ST. LUCIE COUNtY BOARD OF COUNIY COMMISSIONERS PUBlIC HEARING AGENDA APRR. 6, 1999 TO WHOM IT MAY CONCERN: NonCE Is hereby given In accordance with Section 11.00..03 of the St. Lucie County Land Development eoqe and In accordance with the provisions of the St. lucie County Comprehensive Plan. that the following applicants have requested that the St. lucie County Board of County Commissioners consider their request as follows: 1.' FAlHER MICHAEL S,6JDA, for a Change In Zoning from · the RS-3 (Residential, Single-family - 3 du/acre) ZonIng Dtstrtct to the I Onstttutlonal) Zoning DIstrIct for the · following descrtbed property: SECTION 8, TOWNSHIP 35 SOU1H. RANGE 40 EAST, COOPER'S SUBDIVISION LOT 4 (0.88 AC) (OR 1189-956)·· AND LOT 5 (2.79 AC) (OR 1189-956) (fax I.D. Nos. '24Q8-7(J(H1()()4-QOO{3 AND 2408-7~. (location: North IIde or Delaware Avenue, appI'OXImateIy 500 feet East or HarIman Road) 2. tHE FORT PIERCE AIR CENIER (Emesto Velasco. Agent) has applied for a Major Adjustment to the existing Conditional Use at the S1, lucie County International Airport. The proposed Nlajor Adjustment Is to constnJct a 4.800 square foot hangar (Hangar E-12) for the following descrtbed property: BEGINNING AT tHE SOU1HWEST CORNER OF SECIION 29, TOWNSHIP 34 SOU1H. RANGE 40 EAST RUN SOU1H 89" .31'34" EAST 3C.00 FEET TO A POINT LYING ON tHE SOU1H LINE OF SAD SECTION; tHENCE RUN NORTH 00" 26'26" EAST 625.11 FEET PARAI.J.£L TO tHE WEST LINE OF SAID SECTION TO A POINT; lHENCE RUN SOU1H 87" 51'34" EAST , 36.09 FEET TO A POINT; SAID POINT BEING tHE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING RUN SOU1H · 87" 51'34" EAST 668.83 FEET TO A POINT: lHENa-RUN NORTH 45"15'26" EAST 515.68 FEET TO A POINT; 1HENCE , RUN NORTH 44" 42'34" WEST 1314.92 FEET TO A POINT, SAID POINT BEING tHE P.C. OF A CURVE CONCAVE TO lHE WEST, HAVING A DaTA ANGLE OF 3Ó" 04'00" AND A RADIUS OF 1294.52 FEET; 1HENCE RUN IN A SOUIHERLY , DlREC1ION ALONG tHE ARC OF SAD CURVE 678.55 FEET · TO A POINT: SAID POINT BEING tHE P.T. OF SAID CURVE; · tHENCE RUN SOU1H 45" 17'26" WEST 100 FEET TO A POINT; lHEt,«:E RUN SOUIH 00" 22'26" WEST 640.00 FEET -TO A POINT; SAID POINT BEING tHE POINT OF BEGI~. ,AU. LYING IN SECTION 29, TOWNSHIP 34.SOU1H. RANGE 40 EAST, ST. lUCIE COUNtY, flORIDA. (fax I.D. No. 1429-323.0002-QOO(6). (location: . 2982 CUrtIIICIng 8oUevard. st. lucie County IntematIonaI AIrpoIt; Hangar 12) , , , ....,¡ 3. 1HE JET SERVICE CENIER (HoIlyce Hoover, Agent) has :. applied for a Major Adjustment to the existing , Condlttonal Use at the st. Lucie County International Airport. The proposed Major Adjustment Is to expand the dally operations to allow let'palnting services, a 1.800 square foot office, and a 12,000 square foot hangar for the tollowlng descrtbed property: BEGINNING AT 1HE SOU1HWEST CORNER OF SECTION 29, TOWNSHIP 34 SOUIH, RANGE 4G EAST, RUN SOU1H 87" 49' 54" EAST 30.00 FEET TO A POINT LYING ON lHE SOUIH ,LINE OF SAID SECtION, RUN NORTH 00" 26' 26" EAST . 625.11 FEET PARALLR TO lHE WEST LINE OF SAID SECTION, RUN SOUIH 87" 51' 34" EAST 231.09 FEET, TO lHE POINT OF BEGINNING, FROM SAID POINT OF BEGINNING RUN SOUIH 87" 51'34" EAST 517.19 FEET, RUN NORtH 45"16' 26" EAST 659.19 FEET, RUN SOU1H 60" 08' 40.6" EAST 160.49 FEET, RUN SOUIH 00" 26' 26" WEST 689.00 FEET, RUN SOUIH 89" 52' 26" WEST 1044.20 FEET, RUN NORTH 00" 26'26" EAST 319.83 FEET TO tHE POINT OF BEGINNING. (fax I.D. No. 1429-342-OOO1-QOO(8). '(LocaIIon: 3131 Jet Center Tenace, st. lucie County . international Alrpor1). 4., PETER L. SANDEFUR. for a Vartance from Section " 6.02.02(8)(2)(a). ot the St. lucie County Land .. Development Code to allow for the construction of a . single-family home within 50 feet of the mean high water line of the St. Lucie River for the following descrtbed property: SECTION 24, TOWNSHIP 37 SOUIH,RANGE 40 EAST, BEAU RlVAGE HEIGH1S, LOT 12 AND lHAT PART OF CANAl. ÞDJ TO 51) LOT !!tiDED BY EXT OF N ð; SLY U OF LOT 12 (OR 695-1324). (fax I.D. No. 4424-804.Q012-ooo19). ,(LocaIIon: 623 Howard Creek Lane) PUBUC HEARINGS will be held In the County Commission Chambeis. 3rd floor of the Roger Poitras Administration Annex Building. 2300 Virginia Avenue. Fort Pierce, Florida on Aprtl 6, 1999. beglnn)ng at 7:00 P.M. or as soon thereafter as possible. PURSUANT TO Secilon 286.0105, Florida Statutes, If a person decides to appeal any decision made by a board, agency, or commission with respect to any matter considered at a meeting or heartng. 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 mode, which record Includes the testimony and evidence upon which the appeal Is to be based. BOARD OF COUNlY COMMISSIONERS Sf. LuCIE COUNlY, FLORIDA IS! PAULA A. LEWIS. CHAIRMAN !'ubllsh: March 25, 1999 ..-;"'1 I jl; ) Lq\¿ '-' 'wi PLANNING AND ZONING COMMISSION REVIEW: 03/18/99 File Number RZ-99-004 MEMORANDUM DEPARTMENTOFCO~TYDEVELOPMENT FROM: Planning and Zoning Commission Planning Manager çJ.{- March 11, 1999 TO: DATE: SUBJECT: Application of Father Michael Sajda for a Change in Zoning from the RS-3 (Residential, Single-Family - 3 du/acre) Zoning District to the I (Institutional) Zoning District. This item is continued from the February 18, 1999, meeting. LOCATION: North side of Delaware Avenue, approximately 500 feet east of Hartman Road. EXISTING ZONING: RS'"3 (Residential, Single-Family - 3 du/acre) PROPOSED ZONING: I (Institutional) FUTURE LAND USE: RU (Residential Urban) PARCEL SIZE: 3.67 acres PROPOSED USE: Ballfields for an Existing School - SURROUNDING ZONING: To the north, south, east, and west the zoning is RS-3 (Residential, Single-Family - 3 du/acre). To the northeast is CG (Commercial, General) Zoning. To the east is I (Institutional) Zoning. SURROUNDING LAND USES: General existing use of surrounding property is residential and institutional. COM (Commercial) Future Land Use to the northeast. RU (Residential Urban) Future Land Use to the north, south, east, and west. FIRE/EMS PROTECTION: Station #1 (2400 Rhode Island Avenue) IS located approximately 2.5 miles to the southeast. ~ "'" March 18, 1999 Page 2 Petition: Father Micha~l Sadja File No: RZ-99-004 UTILITY SERVICE: The site is in the is in the Ft. Pierce Utilities Authority (FPUA) water and wastewater service area. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for Delaware Avenue is 60 feet. SCHEDULED IMPROVEMENTS: None at this time. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following detenninations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed change in zoning is consistent with all elements of the St. Lucie County Comprehensive Plan. The request is compatible with the RU (Residential Urban) Future Land Use classification, which allows I (Institutional) Zoning. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed zoning district is consistent with the St. Lucie County Land Development Code and specifically has met the standards of Section 11.06.03. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed zoning is consistent with the existing land uses. These land uses include an existing school and single-family homes. ~ ~ March 18, 1999 Page 3 Petition: Father Michael Saçlja File No: RZ-99-004 4. Whether there have been changed conditions that require an amendment; Conditions have not changed so as to require an amendment. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The intended use for this rezoning is not expected to create significant additional demands on any public facilities in this area. Any development will need to demonstrate that there are adequate public facilities in the area to support such development. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed rezoning is not anticipated to create adverse impacts on the natural environment. Any development will need to comply with local, state, and federal environmental regulations. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; An orderly and logical development pattern will occur with this change in zoning. The surrounding properties are generally used for residential, commercial, and religious purposes, which are compatible with the proposed use. 8. Whether the proposed amendment would be in conffict with the public interest and is in harmony with the purpose and intent of this Code; The proposed amendment would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. - - "-" '...J March 18, 1999 Page 4 Petition: Father Michael Sadja FiÍëNo: Rz-99-004 COMMENTS The petitioner, Father Michael Sajda, has requested this change in zoning from the RS-3 (Residential, Single-Family - 3 du/acre) Zoning District to the I (Institutional) Zoning District on acres of property located on the north side of Delaware Avenue, approximately 500 feet east of Delaware Road in order to establish ballfields on the subject property for an existing school. This item was first considered on February 18, 1999. Opposition for the petition was heard by the Board and no representative of the applicant was present. The item was continued until March 18, 1999. Staffhas reviewed this petition and detennined that it confonns with the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff is recommending that you forward this petition to the Board of County Commissioners with a recommendation of approval. Please contact this office if you have any questions on this matter. Attachments hf cc: Father Michael Sadja File e~ ~ = ~'5 £00 =-= = .~ ;:= ~ eõ "" "" cS ; .9U ~ = .... -= -= = c..~ ~-- "" ~ bJ)"O = ..... ~ ~ ~oo I~ -= ~ ~-= e .~ c..~ oS "" ~ ~ ~;9 ~ ~ ~~ .... 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I I , I I I I I I I I I , I I I I I · 1";:::1 I I I I I I I I I I ~~Ñ~~~~Ñ~~~~~~~~~ÑÑ~;æ~~~Ñ~~~~~~ ~ ~ ~ ~ r-;- ~ ~ ~ <"? '1" '1 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .~ ~ ~ ~ ~ '1 ,. ~ ,. ,. ~ ~ ~~~~~~~~~~~~~~~~~~~~~Q~~~~~~~~~~~ ~oooooooooooooooooooo~oooooooooo~ ~~~~~~~~~~~~~~~~~~~~~<~~~~~~~~~~o ~ - .. ...... - .. .. ... '-" ....., ITEM NO. a;::.. ?:- (=~- ,-) AGENDA REQUEST DATE: 04/06/99 CONSENT REGULAR PUBLIC HEARING [ X Leg. [ ] Quasi-JD [ X ] Communjty Development TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): SUBlTECT : BACKGROUND: FtrnDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [0 [ ] APPROVED OTHER: County Attorney: ~ originating Department:______________ Consider Draft Resolution 99-013 approving the req est of the Ft. pierce Air Center for a Major Adjustment to the Existing Conditional Use at the St. Lucie County International Airport for Property Located at 2982 Curtis King Boulevard, St. Lucie County International Airport. The Ft. pierce Air Center, has submitted an application for a Major Adjustment to the Existing Conditional Use at the St. Lucie County International Airport for the project known as Ft. pierce Air Center to allow for the construction of a 4,800 square foot hangar (Hangar E-12) for property located at 2982 Curtis King Boulevard, St. Lucie County International Airport. N/A On September 2, 1997, this Board approved a major adjustment to the St. Lucie County International Airport for an additional 12,250 square feet of space to the Ft. pierce Air Center. On February 17, 1998, this Board approved the addition of 13,000 square feet of space consisting of 12,000 square feet of hangar space and 1,000 square feet of office space to the Ft. pierce Air Center. On January 19, 1999 this Board approved the addition of 3,360 square feet -of office space Staff recommends approval of Draft Resolution 99-013 authorizing a Major Adjustment to the existing Conditional Use at the St. Lucie County International Airport. DENIED Review and ~prova1s Management & Budget: Purchasing: Other: Other: Finance: (Check for Copy only, if applicable) - -- 5C5 '-' ....." COVNTY COMMISSION REVIEW: 04/06/99 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: March 31, 1999 Subject: Consider Resolution 99-013 approving the request of The Ft. Pierce Air Center for a Major Adjustment to the Existing Conditional Use at the St. Lucie County International Airport for Property Located at 2982 Curtis King Boulebard, St. Lucie County International Airport. The Ft. Pierce Air Center-Hangar has' applied for a major adjustment to the existing St. Lucie County International Airport Conditional Use to allow for the addition of 4,800 square feet of hangar space (Hangar E-12) for property located at 2982 Curtis King Boulevard. The Airport Manager has reviewed the request for a major adjustment and has approved the proposed addition. Staff has reviewed the request for a major adjustment to an existing conditional use and has determined that it is consistent with the St. Lucie County Land Development Code, the Comprehensive Plan, and the Airport Master Plan. Attached is a copy of Draft Resolution 99-013, if approved, would grant this request for a Major Adjustment to the St. Lucie County International Airport Existing Conditional Use. - Staff recommends approval of Draft Resolution 99-013. SUBMITTED: D~ rn ~ [¿--z.. Julia Iv: rsen-Shew huk, AICP Co unity Devel pment Director cc: Paul Phillips R. Errol Houck Emesto Velasco, P .E. File .. J. 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 - - '-' "'wI RESOLUTION 99-013 FILE NO.: BCC-99-003\SPMo_99-003 A RESOLUTION GRANTING A MAJOR ADJUSTMENT TO THE EXISTING ST. LUCIE COUNTY INTERNATIONAL AIRPORT CONDITIONAL USE FOR THE PROJECT KNOWN AS THE Fr. PIERCE AIR CENTER - HANGAR 12 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following detenninations: 1. Pursuant to Section 3.3.122(7) ofthe St. Lucie County Zoning Ordinance, effective July 1, 1984, and Section 3.01.03(W)(7)(a) of the St. Lucie County Land Development Code, effective August 1, 1990, the St. Lucie County International Airport is considered to be an existing Conditional Use. 2. The Ft. Pierce Air Center has been operating as a Fixed Base Operations Center (FBO) on a 21.0 acre leased parcel since 1987. This FBO is located on the western side of the existing airport grounds. The Ft. Pierce Air Center has applied for a major adjustment to their existing conditional use pennit to allow an additional 4,800 square foot hangar (Hangar E-12). 3. The Development Review Committee has reviewed the proposed Major Adjustment to an Existing Conditional Use and found it to be in substantial confonnity with the overall Airport Master Plan. 4. On April 6, 1999, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 5. The proposed Major Adjustment to an Existing Conditional Use is consistent with the goals, objectives, and policies ofthe St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land Development Code. . NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County , Florida: A. Pursuant to Section 11.07.05(E), of the St. Lucie County Land Development Code, the Major Adjustment to the Existing St. Lucie County International Airport Conditional Use, is hereby approved for the property described as follows: File No.: BCC-99-003\SPMN-99-OO3 April 6, 1999 Resolution 99-013 Page I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 B. C. - ... ~-....... '-' ......" A PARCEL OF LAND LYING IN AND BEING PART OF SECTION 30, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 30; TOWNSIDP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA; THENCE, RUN NORTH 00°00'16" WEST, ALONG THE EAST LINE OF THE SOUTHEAST v.. OF SAID SECTION 30, A DISTANCE OF 2,665.52 FEET TO THE EXISTING CENTERLINE OF THE INTERSECTION OF RUNWAYS 4 AND 14, OF THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT; THENCE, RUN SOUTH 45000'00" WEST, ALONG THE EXISTING CENTERLINE OF RUNWAY 4, A DISTANCE OF 464.00 FEET; THENCE, RUN SOUTH 45°00'00" EAST FOR A DISTANCE OF 11.00 FEET TO THE POINT OF BEGINNING; THENCE, RUN NORTH 45°00'00" WEST, FOR A DISTANCE OF 600.00 FEET; THENCE, RUN SOUTH 45°00'00" WEST, A DISTANCE OF 800.00 FEET; THENCE, RUN SOUTH 45° 00'00" EAST, FOR A DISTANCE OF 600.00 FEET; THENCE, RUN NORTH 45°00'00" EAST, FOR A DISTANCE OF 800.00 FEET TO THE POINT OF BEGINNING AND TO CLOSE. (Tax ID#: Part of1430-131-000l-000/4). (Location: 2982 Curtis King Boulevard. St. Lucie County International Airport.) The approval granted under this Major Adjustment to an Existing Conditional Use approval shall expire on April 6, 2000, unless a building permit is issued or an extension is granted in accordance with Section 11.07.04(F) of the St. Lucie County Land Development Code. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on April 6, 1999, shall remain valid for the period of Conditional Use approval. Should the Conditional Use approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, a new certificate of capacity shall be required. D. The St. Lucie County Community Development Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map ofSt. Lucie County, Florida, and to make notation of reference to the date of adoption ofthis resolution. After motion and second, the vote on this resolution was as follows: Chainnan Paula A. Lewis. xxx File No.: BCC-99-003\SPMN-99-003 April 6. 1999 Resolution 99-013 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 - ..... -- '-' Vice-Chairman John D. Bruhn Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner Cliff Barnes ~ xxx xxx xxx xxx PASSED AND DULY ADOPTED This 6th Day of April 1999. ATTEST: Deputy Clerk hf H:IWPIRESOLUTI.N\FINISHED.99\FP AIR2.CU\FP AIR2.RES File No.: BCC-99-003\SPMN-99-003 April 6. 1999 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Resolution 99-013 Page 3 - '-" 'wi "'- 0) +-' ~ Z C '" 0). - L() e ... ., <: ... co 0 C\J 0 ., '" co e '" ~ 0 ",en ,,; .,- ~ <: "'- I ., 0 -" "'- > - ~ « aj Q) ., ... G Q '" ::a e ~ 0) Q) ",'" u ... 0 Í .~ C G ~ 0) C 0. ~ ,,- ~ ( () aj e u 0. a 0 e:ë 0. "'- G I o '" ::a ~ 0) 0 0 u '" .; ... \ (.. .. m , 0 0.... ., <:> , +-' Il = ... '" ... ... '" a: ... ~ (JYòt! O.''J a: Z ::) 0 ~ ü z ::) 0 ovow 3M' :ÐHY" Ü ex: w >- ë: ... Z GO ... ~ ... I: GO DYO-.. 03]NS ... « a: ~ a: ~ Õ 0Ii·' '1tIff:I ~ S t£ 1 S S£ 1 ... ... ... ~ ... i I!i ... ... a: a: / A..LNno:J 3380H:J33>10 , ~ Ft. Pierce Air Center - Hangar 12 Zoning u / / / / / / / / u IL tIJ :;:; .... :J U F. P. F. D. D. Canal No. 26 Boulevard St. Lucie IL CG ~ IL a. a. o U1 BCC 99-005 Community Development t Geographic Information Systems Map revised March 9. 1999 __.....-............._"......,......-_orlIt. WhIle e-My eftort hu been made to pn:Mde hi moM QATWt Ind caøte N Wormatlon poutMe.1I. II not....end8d tor.... .. . Ieg8Iy ÞIndk-.g ckIcI.mIIrt. ~- Ft. Pierce Air Center - Hangar 12 Land Use / / / / / / / / TAJ .!!? -- L :J U F. P. F. D. D. Conal No. 26 Boulevard St. Lucie INO C M "0 0 0 a:: a. a. 0 VI INO BCC 99-005 Community Development t Geographic Information Systems Map revised March 9. 1999 ~ map hu been COf'f'4)iIed brgener8l~.oo reIer9nce ~ onfy. While WfIfY effort hu been mIde to prOYÖt the moet QATent If1d ..:ante N Informalion pouIbIø,." not ~ tot UN .. . Ieg8IIy binding doa.nwnt. - ~- '-' ~ AG]JNDA- BOARD OF COUNTY COMMISSIONERS TUESDAY, APRIL 6, 1999 7:00 P.M Petition of Fort Pierce Air Center (Ernesto Velasco, Agent), for a Major Adjustment to the existing Conditional Use at the St. Lucie County International Airport. The proposed Major Adjustment is to construct a 4,800 square foot hangar (Hangar E:'12) for the following described property: (Location: 2982 Curtis King Boulevard, St. Lucie County International Airport; Hangar 12) THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST If it becomes necessary, these public hearings may be continued from time to time. Please note that all proceedings before the Board of County Commissioners are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the-.appeal is to be based. Upon the request of any party to the proceeding, inqividuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners on March 25, 1999. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on March 25, 1999. FILE NO. BCC-99-005 - '-' ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ., PUBLIC HEARING AGE~DA , APRil 6, 1999'-',~: , .' ... . " .. ': '. ~,. TO WHOM IT MA Y:&:(),~'~ERN: I, . ,NOTICE Is herèbÿ,:;;g1Ýen In a~daÍ1ce:V(!tþ stq¡C!Í'}1;'00.03;.. al,the St L~~~ountyJ;é!n.d..})evel,\ Opment Code:'â"d:ln,a,~anœ, , · ..' ,: }" ""òf''tfIi''S( Lucie ' with the provll ~" .... . , . County ComþiêhèñSl~'Plan, that the follawlng appll~anll have ' requested that 'the ~t; Lude CouØY. Board of ,'CoüÌ)ty'Çomrnlssldlier1 cOnllder their requelt ,ósfòIlOW$:;' : '1. FATHER MICHAEl' SAJDA;' for a Change In Zoning ·from If1e RS·3 (ResldenUal, Slngle-famlly~~, du/aae) Zoning Dlllrtd to theJ pnsUtutionaQ Zonlng,DI~Çtìfortfíê following delalbed ~i:' .. . , SECTION 8, TOWN~tJlP 35 SOUTH. RANGE 40EAST¡"Coq~ PER'S SUBDIVISION'LOT.('(0.88 Aq ,(OR 1189.956)AND,;LPT'5 (2.79 Aq(OR 1189.956)(T~.J.D. NOS. 2408.706.oo04.ooo/3"a.~ 2408-706-0005-000/0). " ,(';.' . (LocaUon: NOrth lldeaf, Dela'-, ware Avenue, approximately SOO feet East ,of Hartman Racid), ~. : ... 2. THE FORT PIERCE 'AIR CEN,~ TER (ErnestóVelasco' Agent),~, appllecffof aMà ai'AdI~"'V~ theexlsUng CandlUonal :Ul!lmfti! ' SI; Lude County Inlerna!lonal Alr~ port. The proposed· MalorAdIIllt" ment II ta conltrvèt a 4,800squori!' foot hangar (Hangar E.12) for the. following described property: '. ':' Beginning ,at the ~outh~t cac;- ner of Sectlon2?; ToWlllhlp3'( South, Range 40. Eastrun,Scuth 89"31'34"· Eglt . 30.00 feet to a point lying on th.uouth line of såld section; thenc ! run, Nor,th 00"26'26" East 62Ul ,feet pa~l: lei to the west Ilne',òflC! d;$~ ' to a point; !henceiÌl!1. solit!\ 87°51 '34" East .36,99 feet,ito' 'ò' point; laid, POln;'~ng.lh,e,!~~'''~. B""lnnlng; ,.fión\)·"IQld7 'olnt''Of. -.; ,. ',i,r,SQi¡jfÌ;'~ii7"5t'34~ ~::"¡~':83~ iOå~jSòJiít;'~ run North 4S015'26" East 515:68 feet to a pÒint; thenœfUl!.:~~: 44°42'34" West 1314.92fêèt toa point, IQldpolnt bèlngthe P;c."~, o curve concave to !lie' west, ,baY+: Ing ,a delta anglë~Of30~4:0~~ ond a radius ofl294,52'~ ' thence run In a 'lÕutherIyiflreeflatr along t,he arC~,såld,.~;6l!~A feet to a point; $Old polnl beli!ll'tt:ie P.T. of said curve;:theriœ run~ ' 45°1126". WesLloo'J8eftO/a: . point; thence rvn~/~2'~ÞJ . West 540.00 feet to a point; $(lid; point being the pOint .tI· Beglnn!ng'; All lying In SedlO\1, 29,ro~,~IR, 34 South, Range 040 East, St.LQde County, Florida. ,(Tax', ,I.D... .1'10. 1429-323-0002-000/6). '. (Location: 2 9112Curtll King Sou-, levard, SI. Lucie' Count( I,nterna; tionol.Alrport; Hangar 121" . ..........- \J 3. THE JET SERVICE CENTER i (Hallyce Hoaver, Agent): hal. j applied for a Mojor Adjustment to , the existing Conditional Use at the SI. Lucie County International Air· I port. The proposed Major Adjust. ment is to expand the dally opera" i tions to ollow jet pointing wvlœs, I a 1,800 square foot offìce,9nd a 12,000 square foot hangar for ~ following described property: .,., , Beginning at the IOUthwestcor· ner of Section 29,' Township ~.. South, Range 40 East, run .soUth 87°49'54" East 30.00 feet to ,a point lying on the IOUth line of Said section; run North 00"26'26" E,ast 525.llfeetpofallëlto: the west ' line of said section; run South 87"51 '34" East 231.09 ,feet, to the Point of Beginning; from $Old Point of Beginning run South 87"51 '34" Ealt 517.19' feet; run North 45°15'26" East 559.19 feet; run South 50"08'40.5" East T60,:.c9· feet; run South 00"26'26" 'West 589.00 feet; run South 8'P52'26" , West 1 044.20 feet; run North \ 00"26'26" East 319 .83 fee to !he Point of Beginning, (Tax to. No.' 1.(29-342-0001-000/8). .., (Location: 3131' Jet Center Ter- race, St. Lucie County Internafi()nal Airport), 4. PETER L SANDEFUR, for a Variance from Section 6.02,02(B)(2)(a), of the SI. Lucie County .Land Development Code to allow for the coitstrvdion of 'a single-family home within· SO . feét of the mean high water line of !lie SI. Lucie River for the following desa1bed properfr- Section 24, Township 37 South. , Range 40 East, 8eau Rlvage Heights, Lot 1:l and that port of canal ad; to SD lot bnded by·ext of N & sly II of Lot 12 (OR 695- ! 1 3 2 4) . ( T a x I. D , No. i 4424-804-0012-000/9). . .'" , (I.ocatIon: 623 Howard ,Creek Lane) . PU8L1C HEARINGS will be held In the County ~mISlIonÇh(¡",,: ben, 3rd floor of the Roger PoItral Administration Annex Building, 2300 VirgInia Avenue, Fort PierCe; FlorIda an April 6, 1999, begin- . nlng at 7:00 P.M. Of al loon !f*,tt after as posllble.'. .. ., , PURSUANT. TO SectIon 286,01 05, FlorIdaStofutes;:'¡t' 0 person decides to appeal any ded~ slon made bya board"óg~,~ commlSlion with respect to"ci?ý matter considered at a meeting Or hearing, he will_need d recardof the, proceedlngl, and that, fof.,~. purpole. he may need to _~ that a ~m record of the ~ ceðdings Is made, ,which reCOrd' 'Indudes the testimony and evI~ dence ùpon whIch the' appealll to be based. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ PAULA A. LEWI.s, CHAIRMAN Pub.: Mar. 25, 1999 IILL ftwJs "-' \..,,/ No. 1229 ST. LUCIE COUNIY BOARD Of COUN1Y COMMISSIONERS PUBUC HEARING AGENDA APRIl 6. 1999 3. 1HE JET SERVICE CENJER (HoIlyce Hoover, Agenl) has : applied for a Major Adjustmenllo the existing , Conditional Use at the st. lucie County Inlernattonal Airport. The proposed Major Adjustmenlls 10 expand the dally operations 10 allow jel'palnllng services, a 1.800 square fool office, and a 12.000 square fool hangar for the following dtJSCrlbed properly: TO WHOM IT MAY CONCERN: NonCE Is hereby given In accordance with section 11.00.03 of the 51. Lucie County Land Developmenl Code and In accordance with lhe provisions of the 51. Lucie County Comprehensive Plan. that the following applicants have requested that the 51. lucie County Board of County Commissioners consider their request as follows: 1. FAlHER MICHAEl So6JDA. Jor a Change In Zoning from · lhe RS-3 (Resldenltal. Single-family - 3 dU/acre) Zoning Dlstrlcllo the I pnstffutlonal) Zoning DIstrict for the following described property: SEClION 8. TOWNSHIP 35 SOUTH. RANGE 40 EAST, COOPER'S SU8DMSlON LOT 4 (0.88 N: (OR 1189-956) .: AND LOT 6 (2.79 N: (OR 1189-956) (fax I.D. Nos. ·2408-7~.ooo¡3 AND 2408-7CJ6.OOO5.OOOJO). (location: North IIde of DeIawae Avenue, appradmaIeIy 600 feet East of HarIman Road) 2. lHE FORT PIERCE AIR CENTER (Emesto Velasco. Agenl) has applied for a Major Adjustmenllo the existing Conditional Use at the 51, lucie County Inlernatlonal Airport. The proposed tJlaJor Ad uslmenlls 10 consln.rcl a 4,800 square fool hangar (Hangar E-12) for the following described property: BEGINNING AT 1HE SOUI1iWEST CORNER Of SEClION 29, TOWNSHIP 34 SOUTH. RANGE 40 EAST RUN SOUTH 89" · 31'34" EAST 30'.00 FEET TO A POINT LYING ON lHE SOUTH UNE Of SAID SEC1ION; 1HENCE RUN NORtH 00" 26'26" EAST 625.11 FEET PARAI.J.EL TO 1HE WEST UNE Of SAD SEC1ION TO A POINT; 1HENCE RUN SOUTH 87" 61'34" EAST 36.09 ÆEI TO A POINT; SAD POINT BEING lHE POINT Of BEGINNING; FROM SAID POINT Of BEGINNING RUN SOUTH 87" 51'34" EAST 668.83 ÆEI TO A POINT; 1HENCE RUN NORtH 45"16'26" EAST 616.63 FEEl TO A POINT; tHENCE RUN NOR1H 44" 42'34" WEST 1314.92 FEET TO A POINT. SAD POINT BEING lHE P.C. Of A CURVE CONCAVE TO lHE WEST. HAVING A DaTA ANGLE Of 3Ò" 04'00" AND A RADIUS Of 1294.62 FEET; 1HENCE RUN IN A SOUTHERLY DIRECTION ALONG lHE ARC Of SAID CURVE 678.65 ÆEI · TO A POINT; SAID POINT BEING 1HE P.T. OF SAID CURVE; · lHENCE RUN SOUTH 45" 17'26" WEST 100 FEET TO A POINT; lHENCE RUN SOUTH 00" 22'26" WEST 640.00 FEET · TO A POINT; SAID POINT BEING lHE POINT Of ~. · All LYING IN SEClION 29. TOWNSHIP 34 SOUTH. RANGE 40 EAST, ST. UJCIE COUNlY, FLORIDA. (rax I.D. No. 1429-323-0D02.ooo¡6). (location: 2982 CUrIIII<Ing BoUevad, st. lucie County lnIematIonaI AIrport; Hangar 12) BEGINNING AT THE SOUTHWEST CORNER Of SEC110N 29. TOWNSHIP 34 SOUTH. RANGE 40 EAST. RUN SOUTH 87" 49' 64" EAST 30.00 FEET TO A POINT LYING ON 1HE SOUTH .UNE Of SAID SEClION, RUN NORtH 00" 26' 26" EAST . 625.11 FEEl PARALLEL TO 1HE WEST UNE Of SAID SEClION, RUN SOUTH 87" 61' 34" EAST 231.09 FEET, TO 1HE POINT Of BEGINNING, FROM SAID POINT Of BEGINNING RUN SOUTH 87" 61'34" EAST 617.19 ÆEI, RUN NORtH 45"16' 26" EAST 659.19 FEET, RUN SOUTH 60" 08' 40.5" EAST 160.49 FEET, RUN SOUTH 00" 26' 26" WEST 689.00 FEET, RUN SOUTH 89" 62' 26" WEST 1044.20 FEET. RUN NOR1H 00" 26'26" EAST 319.83 FEET TO tHE POINT Of BEGINNING. (fax I.D. No. 1429-342-OD01.ooo¡8). (locaIton: 3131 Jet Center Tenace, st. lucie County . IntemaIIonaI AIIporI . '. 4. PETER L SANDEFUR. for a Variance from secllon 6.02.02(8)(2)(a), of the 51. Lucie County Land . Developmenl Code 10 allow lor the construcllon of a single-family home within 50 feel of the mean high water line of the 51. Lucie River for the following described properly: SEClION 24. TOWNSHIP 37 SOUTH, RANGE 40 EAST. BEAU RlVAGE HEIGHlS, LOT 12 AND lHAT PARI' Of CANAL ADJ TO SO LOT ßttDED BY EXr Of N at SlY U Of LOT 12 (OR 695-1324). (fax I.D. No. 4424-804-OD12..QOO/9). (locaIton: 623 Howa'd Creek lane) PIJBUC HEARINGS will be held In lhe County commission Chambeis. 3rd floor of the Roger Pòltras Administration Annex Building, 2300 Virginia Avenue, Fort PIerce, Florida on AprIl 6, 1999, beginning at 7:00 P.M. or as 1000 thereafter as possible. PURSUANT TO seciton 286.Q1 05, Florida statutes, If a person decides to appeal any decision made by a board. agency, or commission with respect to any mcitter considered at a meeting or hearing, he will need a record of the proceedings. and that. for such purpose, he may need 10 ensure thai a verbatim record of Ihe proceedings Is mode, which record Includes the lestlmony and evfdence upon which the appeal Is to be based. BOARD OF COUNlY COMMISSIONERS ST. WCIE COUNTY. FLORIDA ISI PAUlA A. lEWIS. 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Ñ ..;. ~ 0 Ñ o 0 S M M - M - - - M M M M - - M - M M MM ... .S '<T - - '<T M - N N - - '<T M M N '<T - - M - M - '<T N- M M M ";' ~ M N M M M M M M M M M M M - ~ M M '<T M co:_ 0 0 0 0 0 d- o 0 0 0 0 0 0 0 0 d- d- d- o ' 0 Q. ... ~ 0 0 0 0 0\ 0\ 00 ~ co: co: M M M M M M M N M M M N M M M M M N N N N M MM ~~ E-< '<T '<T '<T '<T '<T '<T '<T '<T '<T '<T '<T '<T '<T '<T '<T '<T '<T '<T '<T '<T '<T '<T '<T'<T - - - - - ... - - - - - ... - - - - - - - - - - -- -..f - -- ---- V' '-' AGENDA REQUEST ~TEM NO. ~ C;-+f- DATE: 04/06/99 CONSENT REGULAR PUBLIC HEARING [ X Leg. [ ] Quasi-JD [ X ] SUBMITTED BY (DEPT): Communjty Development BY: TO: BOARD OF COUNTY COMMISSIONERS Dir. SUBJECT: consider Draft Resolution 99-014 approving of Jet Service Center for a Major Adjustment to the Existing Conditional Use at the St. Lucie County International Airport for Property Located at 3131 Jet Center Terrace, St. Lucie County International Airport. BACKGROUND: Jet Service Center, has submitted an application for a Major Adjustment to the Existing Conditional Use at the St. Lucie County International Airport for the project known as Jet Service Center to allow for the expansion of services to include jet painting services, a 1,800 square foot office, and a 12,000 square foot hangar for property located at 3131 Jet Center Terrace, St. Lucie County International Airport. FUNDS AVAILABLE: N/A PREVIOUS ACTION: None RECOMMENDATION: Staff recommends approval of Draft Resolution 99-014 authorizing a Major Adjustment to the existing Conditional Use at the St. Lucie County International Airport. [V]" [ ] APPROVED ] DENIED OTHER: with the condition that all painting is done indoors COMMISSION ACTION: Review and Approvals County Attorney: þ Management ~ Budget: Purchasing: originating Department: Other: Other: Finance: (Check for Copy only. if applicable) ~ ,....." SJ-J COUNTY ÇOMMISSION REVIEW: 04/06/99 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: March 31, 1999 Subject: Consider Resolution 99-014 approving the request of Jet Service Center for a Major Adjustment to the Existing Conditional Use at the St. Lucie County International Airport for Property Located at 3131 Jet Center Terrace, St. Lucie County International Airport. Jet Service Center has applied for a major adjustment to the existing St. Lucie County International Airport Conditional Use to allow for the expansion of services to inch¡de jet painting services, a 1,800 square foot office, and a 12,000 of square foot hangar for property located at 3131 Jet Center Terrace. The Airport Manager has reviewed the request for a major adjustment and has approved the proposed project. Staff has reviewed the request for a major adjustment to an existing conditional use and has determined that it is consistent with the St. Lucie County Land Development Code, the Comprehensive Plan, and the Airport Master Plan. Attached is a copy of Draft Resolution 99-014, if approved, would grant this request for a Major Adjustment to the St. Lucie County International Airport Existing Conditional Use. Staff recommends approval of Draft Resolution 99-014. S [liED: ~ fCL JJ.:2 n- he huk, AICP Co . ty Devel pment Director cc: Paul Phillips Hollyce Hoover, P.E. File -1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 '-' ....., RESOLUTION 99-014 FILE NO.: BCC-99-004\SPMn_99-004 A RESOLUTION GRANTING A MAJOR ADJUSTMENT TO THE EXISTING ST. LUCIE COUNTY INTERNATIONAL AIRPORT CONDITIONAL USE FOR THE PROJECT KNOWN AS JET SERVICE CENTER WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Pursuant to Section 3.3.122(7) of the St. Lucie County Zoning Ordinance, effective July 1, 1984, and Section 3.01.03(W)(7)(a) of the St. Lucie County Land Development Code, effective August 1, 1990, the St. Lucie County International Airport is considered to be an existing Conditional Use. 2. Jet Service Center has applied for a major adjustment to the existing conditional use permit to allow for an expansion of services to include jet painting services, a 1,800 square foot office, and a 12,000 square foot hangar. 3. The Development Review Committee has reviewed the proposed Major Adjustment to an Existing Conditional Use and found it to be in substantial conformity with the overall Airport Master Plan. 4. On April 6, 1999, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet ofthe subject property. 5. The proposed Major Adjustment to an Existing Conditional Use is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land Development Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County , Florida: A. Pursuant to Section 11.07.05(E), of the St. Lucie County Land Development Code, the Major Adjustment to the Existing St. Lucie County International Airport Conditional Use, is hereby approved for the property described as follows: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 29, TOWNSIDP 34 SOUTH, RANGE 40 EAST, RUN SOUTH 87°49'54" EAST 30.00 FEET TO A POINT LYING ON THE SOUTH LINE OF SAID SECTION, RUN NORTH 00°26'26" EAST 525.11 FEET PARALLEL TO THE WEST LINE OF SAID SECTION, RUN SOUTH 87°51 '34" EAST 231.09 FEET, TO THE POINT OF BEGINNING, FROM SAID POINT OF BEGINNING RUN SOUTH 87°51 '34" EAST 517.19 FEET, RUN NORTH 45°15'26" EAST 559.19 FEET, RUN SOUTH 50°08'40.5" EAST 160.49 FEET, RUN SOUTH 00°26'26" WEST 589.00 FEET, RUN SOUTH 89°52'26" WEST 1044.20 FEET, RUN NORTH 00°26'26" EAST 319.83 FEET TO THE POINT OF BEGINNING.. (Tax ID#: 1429-342-0001-000/8) File No.: BCC-99-004\SPMN_99-004 April 6, 1999 Resolution 99-014 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 '-' ....." (Location: 3131 Jet Center Terrace. St. Lucie County International Airport.) B. The approval granted under this Major Adjustment to an Existing Conditional Use approval shall expire on April 6, 2000, unless a building permit is issued or an extension is granted in accordance with Section 11.07.04(F) of the St. Lucie County Land Development Code. C. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on April 6, 1999, shall remain valid for the period of Conditional Use approval. Should the Conditional Use approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the S1. Lucie County Land Development Code, a new c.ertificate of capacity shall be required. D. The S1. Lucie County Community Development Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map ofS1. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman Paula A. Lewis. xxx XXX XXX XXX XXX Vice-Chairman John D. Bruhn Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner Cliff Barnes PASSED AND DULY ADOPTED This 6th Day of April 1999. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney hf H:IWPIRESOLUTLN\FINISHED.99\Jet.CWet.RES File No.: BCC-99-004\SPMN_99-004 April 6, 1999 Resolution 99-014 Page 2 '-' ....." '-- .......-- z Q) " ... e ........., c~ 01 C CD 01 " " ~ e .... Q) 0 Q,rn ~ ;! c 0 0 " 0 J: W > - ~ ~ I " ... · 0 c " :II . e ~ Q) (J) ....... 0 =~ " Ï · ~ ü (J) c c '" '" ::J- ~ r e " '" 0 > e:a '" ~ · '-- 0 o Q, :I .; U " Q) 0 ... 0 .. 0 (f) \ C. " , 0 ........., CO Q) , J ~ z ~ ::> 0 C z ü 0 ::> Q'(OW~ 0 ........., OVOW ]NI' ]!)NY" ü ro a: Ü ill ..30Y]H > O~ ã: z ... -1 ~ ... ~ CD ~ CD ~ n n I' ~ fi O'fC)¡l 033NS a: II: Z « .~.) 'I'/IIf) Õ ~ § II i !Ii ~ ... ~ ~ ~ ... n a: s ~, 1 s S' 1 AlNn08 ... ... ... n a: 3380H833}\O , ~ - ....... Zoning Jet Service Center u / / / / / / / / U \J ...... 0 > V :J 0 m 0" c ~ U) IL .... ...... :J U F. P. F. D. D. Conal No. 26 St. Lucie Boulevard IL CG] IL a. a. o VI Bce 99-006 Community Development f Geographic Information Systems Map revised March 12. 1999 nw_...-_"'__-_""""""....,. WhIle ewry 1IfIort... been nw:II to provide the molt c:\I1WII nt 8CCU'aIiI ~ poutie,. II nallnIended lor '*' . . IøgaIy bIncIng document. N Land Use Jet Service Center - -- ......... - ì:J '- o > QJ :J o m 0' .S ~ (/ ..... '- :J U F. P. F. D. D. Canal No. 26 INO St. Lucie Boulevard C M "0 0 0 CI:: a. a. 0 V1 TAJ INO Community Development , Geographic Information Systems Map revised March 12. 1999 BCC 99-006 ThiI IN ) hM been compiled for general ~ WId Atf«ence ptIpOMI onty. WhiII WfIry effort has been made to prOYIdø the mo.t curent Ind 1k:CU_ Ì'IIOITI'IaÖOn poubIe, It" not intended for ute _ . legally binding doc:umenl N - - -- - '-' 'wi AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, APRIL 6, 1999 7:00 PM Petition of Jet Service Center (Hollyce Hoover, Agent), for a Major Adjustment to the existing Conditional Use at the St. Lucie County International Airport. The proposed Major Adjustment is to expand the daily operations ío allow jet painting services, a 1,800 square foot office, and a 12,000 square foot hangar for the following described property: (Location: 3131 Jet Center Terrace, St. Lucie County International Airport) THE PROPERTY'S LEGAL DESCRIPTION IS A VAILABLE UPON REQUEST If it becomes necessary, these public hearings may be continued from time to time. Please note that all proceedings before the Board of County Commissioners are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners on March 25, 1999. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on March 25, 1999. FILE NO. BCC-99-006 ......, ST. LUCIE COUNTY BOARD Of COUNTY COMMISSIONERS PUBLIC HEARING AGENDA . APRIL 6, 1999".: . ' - . ;;:.~ TO WHOM IT MA YCONCERN: NqTlCE Is he.:ebý'::~I~n In acçordance 'If,I!\! S«fI~!H ;,00.031 of the St. LucleJtounty.LåndDeveI., o.;ment Coc;Je!~n~; In/à,~i1œ' wltht~provls'ons'.oflf1è::St. Lucie County Comprehet1slvePlan; that the following appli~ants have ' requested that the St. Lucle~. Board of 'Coünty . COmmissioners co"ntlder their request cis fOllows:; . '1. fATHER MICHAEl SAJDA; , for a Change In Zoning ·from the RS·3 (Residential, Slngle-Fámlly~~, du/aae) Zoning Dlstrld to the·) pnstiMlonol) ZonlngD¡Sh1è;;t¡forthe following desalbed proper :N··. . SECTION B, TOWNS~IP 35 SOUTH, RANGE 40 EAST¡·:COQ:. PER'S SUBDIVISIONLPT:;4·!(O.88 Aq(OR 1189-956)· ANI? !L9T '5 (2.79 Aq (OR .1189-956)~AXJ.D. NOS. 2408-706.oo04-OOO/3:t'a,nd 2408-706-0005-000/0). . .'..).' . (Location: NOrth sldeof.,Dela~ ware Avenue, approximatelY 500 feet East of Hartman Road). ;" 2. THE fORrPlERCE AIR CEN- TER(Ernestò Velasco, A¡¡ent), hcIs applied for a Major AdjusfmentJ!J the existing Candltlanal.UseGt~ Sf; Lude County International AIr; port. The proposed Maior Adl~st~ ment Is to construèt a 4,800 ~ilare' foot hangar. (Hangar E-12) for the. following desaibed property: . . Beginning .at the.south~t¡coc;-, ner of Section .29, T awnshlp34 South, Range 40. Eastr:u"'¡~uth 89"31 '34" East 30.00 feer'to a point lying on the south llrié Òf sáld section; thenc lrun Nor.th 00·26'26" East. 625. H,",~l; lei to the west IlneOf,~'d\~ to a point; ,henceiu":~~ÎI!t\ 87°51'34" East 36,()9.feeì:to,à· point; sold po.{n! .~.. ng.~!~~t. if! Beginning; .., frc?1!I' :~t~/ lØ!ìit.··~! Beginning .rufl;.'~:;<~871'~,!.~+; East 668.83 feeì to àpolnt;~ run North 4~15'26"Ea,st515.;68 feet. to a point; ~ 'fUI!,;~~I" 44°42'34" West 1314.92fêètkia point, said· polntbel~, the. P.ç,;~, a curve concave to !lie ~"'~" Ing ,a delta ang'ê! of'3w.o4:~~, and a radius. of 1294.52 ofeet; . thence run In osòutherlyj I~' cilong the arc of .sald~~;6.?@.;S~. feet to a point; said )OInl.bell\9the , P.T. of said curve;.thence runSoul\t . 45°17'26" West· lOO'.feeì.to.o point; thence runSôutf1l9:22'~6~, West 540.oofeeì to a . point; said, point being the Polnt.of Beginning. All lying In SectlOjI 29. I0W"hlp 34 South, Range 40 East, St.Ll!de County, florlda. (Tax'I.D.. No. 1429-323-0002-000/6). (Location: 2982 Curtis King Bou- levard Sf. LuclÌJ' County· Interno; tionaLAlrport; Hangar 121' . . - - ..." 3. THE JET SERVICE CENTER (Hollyce Hoover, Agent); has applied for a Major Adjustment to the existing Conditional Use at the SI. Lucie County International Air· port. The proposed Major Adjust- ment Is to expand the dally opera" tlons to allow let pointing services, a 1,800 square foot office, c;md a 12,000 square foot hangar, for ~ following desaibed property: . ., Beginning at the southweSt tor- ner of Section 29; ToWnship ;34 South, Range 40 East, run . Soúth 87°49'54" East 30.00 feet to a point lying on the south line of Said section; run North.00~6'26" East 525.11 feet porallel "to \ the west line of said section; run South 87"51 '34" East 231.09.feet, to the Point of Beginning; from said Point of Beginning run South 87"51 '34" East 517.19· feet; run North 45°15'26" . East 559.19 feet; run South 50"08'40.5'" East T60.49 feet; run South 00026'26" West 589.00 ieet; run South 89"52'26" West 1044,20 feét; run North 00"26'26" East 319.83 fee. to ~ Point of Beginning. (Tax 1,0. No. 1429-342-0001-000/8). ' (Location: 3131' Jet Center T er- race, St. Lucie County International Airport). 4. PETER L SANDEfUR. for a Variance from Secllo.n 6.02.02(8)(2)(0), of the SI, Lude County .Land Development Code to allow, for the construdion of:a single-family 110me within 50 feét of the mean high water line of the St. Lude River for the. following desalbed properly: Section 24, Township 37 South, , Range 40. East, Beau Rivage Heights, La! 12 and that port. of canol adj to SD lot bnded by'm of N & sly II of lot 12 (OR 695- 1324). (Tax I.D. No. 4424-804-0012-OOO/Y).:' c',ii . (location: 623. Howard ,Cr. lane) .... . PUBLIC HEARINGS will be held In the County C9mmlsslon,'Cham~ ben, 3rd Roar of. the Roger Poitras Administration Annex Building, . 2300VJrglnla AYe!\U8, .Fort Pierèe; florldaon Aprino'1999. begIn-' . Ring at 7:00 P.M.·or'ass,oonther.~ after aiposslble. .., .'.. '. . . PURSUANT. rOSectlon 286.0105, Florida :,.staMes;': If' a person decides to appeal any decl~ slon made bya boar~,;IÌge!1Cy,~ commlsslonwlth:respect to,.allY matter considered at a meeting .c;ir hearing, he will_need ci recorda! the proceedings, o~ that, for sud1 purpose, hemaÿriêld·. to ensýfe that a verbåtlm record of the 11':0, ce8dlngs Is made,. which reCord Includes the testimony and evI· dence upon which the appeal Is to be based, '. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, fLORIDA /S/ PAULA A. LEWIS, . CHAIRMAN Pub" Mar. 25, 1999 - - - IILL 1tv.J j '-'" No. 1229 ST. LUCIE COUNlY BOARD OF COUNlY COMMISSIONERS PUBIJC HEARING AGENDA APRIl 6, 1999 TO WHOM IT MAY CONCERN: NOTICE Is hereby given In accordance with Section 11.00.03 of the SI. Lucie County Land Development Code and I In accordance with the provisions at the sí. Lucie County Comprehensive Plan. that the following applicants have requested that the SI. lucie County Board of County Commissioners consider their request as follows: 1. FATHER M/CHAEl SÞJDA, Jor a Change In Zoning from the R5-3 (Residential. SIngle-family - 3 dU/acre) Zoning [) strlct to the I (Institutional) Zoning DIstrict for the following described property: SECl10N 8, TOWNSHIP 35 SOIßH, RANGE .w EAST, COOPER'S SUBDMSION LOT 4 (0.88 AC) (OR 1189-966) , AND LOT 5 (2.79 Aq (OR 1189-966) (fax I.D. Nos. ·2408-706-0004.œG/3 AND 2408·7~-oooiO). (location: North IIde of Delaware Avenue, approximately 500 feet East of HarIman Road) 2. THE FORT PIERCE AIR CENtER (Emesto Velasco, Agent) has applied for a Major Adjustment to the existing Conditional Use at the st lucie County Intematlonal Airport. The proposed Nla or Adjustment Is to construct a 4.800 square foot hangar (Hangar E-12) for the following described property: BEGINNING AT THE SOUTHWEST CORNER OF SECl10N 29, TOWNSHIP 34 SOIßH, RANGE .w EAST RUN SOIßH 89" 31'34" EAST 30.00 FEET TO A POINT LYING ON THE SOIßH UNE OF SAD SECl1ON; THENCE RUN NOIl1H 00" 26'26" EAST 625.11 FEET PARALLEL TO THE WEST UNE OF SAID SECl10N TO A POINT; THENCE RUN SOUIH 87" 51'34" EAST 36.09 FEET TO A POINT; SAD I'OINT BSNG THE POINT OF BEGINNING; FROM SAD POINT OF BEGINNING RUN SOIßH 87" 51'34" EAST 668.83 FEET TO M'OINT: THENCE RUN NOIl1H 45" 15'26" EAST 515.68 FEET TO A POINT; THENCE RUN NORTH 44" 42'34" WEST 1314.92 FEETTOA POINT, SAID POINT BEING THE P.C. OF A CUlM CONCAVE TO THE WEST, HAVING A DELTAANGl£ OF 3ó" 04'00" AND A RADIUS OF 1294.52 FEET; THENCE RUN IN A sotITHERI.Y [) RECI1ON ALONG THE ARC OF SAD CURVE 678.55 FEET , TO A POINT; SAID POINT BEING THE P.T. OF SAID CURVE; , THENCE RUN SOUIH 45· 17'26" WEST 100 FEET TO A POINT: lHENCE RUN SOUIH 00" 22'26" WEST 540.00 FEET , TO A POINT; SAD POINT BEING THE POINT OF BEGINNING. . ALL LYING IN SECl10N 29, TOWNSHIP 34 SOUIH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. (Tax I.D. No. 1429-323-OOO2.œG/6). (location: 2982 CUrIIIICIng BoUevard, St. lucie County IntematIonaI Allport; Hangar 12) -- - - - - ....", 3. THE JET SERVICE CENTER (HoIlyce Hoover. Agent) has : applied for a Major Ad ustment to the existing · Conditional Use at the St. Lucie County International Airport. The proposed Major Adjustment Is to expand the dally operations to allow jet'polntlng services. a 1.800 square foot office. and a 12.000 square foot hangar for the following described property: BEGINNING AT THE SOUTHWEST CORNER OF SE<:1lON 29, TOWNSHIP 34 SOUIH, RANGE 40 EAST, RUN SOIßH 87" 49' 54" EAST 30.00 FEET TO A POINT LYING ON THE SOUIH . LINE OF SAD SEC11ON, RUN NOIl1H 00" 26' 26" EAST '525.11 FEET PARALLEL TO THE WEST UNE OF SAD SEC11ON, RUN SOUIH 87" 51' 34" EAST 231.09 FEET, TO THE POINT OF BEGINNING, FROM SAID POINT OF BEGINNING RUN SOUIH 87" 51'34" EAST 517.19 FEET, RUN NORTH 45·15' 26" EAST 559.19 FEET, RUN SOUTH ðO" 08' 40.5" EAST 160.49 FEET, RUN SOUIH 00" 26' 26" WEST 589.00 FEET, RUN SOUIH 89" 52' 26" WEST 1044.20 FEET, RUN NORTH 00" 26'26" EAST 319.83 FEET TO THE POINT OF BEGINNING. (fax I.D. No. 1429-342-OOO1.œG/8). · (LocatIon: 3131 Jet Center Tanace. St. lucie County , Intemallonal Akporf). 4. PETER L SANDEFUR. for a Variance from Section 6.02.02(B)(2)(a). of the St. Lucie County Land Development Code to allow for the construction of a · single-family home within 50 feet of the mean high water line of the St. lucie River for the foßowlng described property: SEC110N 24. TOWNSHIP 37 SOUIH. RANGE 40 EAST, BEAU RlVAGE HEIGHlS, LOT 12 AND THAT PART OF CANAl.. ÞDJ TO 50 LOT Bt(DED BY EXT OF N a; SLY U OF LOT 12 (OR 695-1324). (fax I.D. No. 4424-804-Q012..()Q()¡'9). · (LocatIon: 623 Howard Creek Lane) PUBlIC HEARINGS will be held In the County Commission Chambeis. 3rd floor of the Roger Pòltras Administration Annex Building. 2300 Virginia Avenue, Fort PIerce. Florida on AprIl 6. _1999, beginning at 7:00 P.M. or as soon thereafl~ as possible. PURSUANT TO Seciion 286.0105. Florida Statutes. If a person decides to appeal any decision made by a boord. agency. or commission with respect to any mcítter considered at a meeting or hearing. he will need a record of the proceedings. and that. tor such purpose. he may need to ensure that a . verbatim record of the proceedings Is made. which record Includes the tesffmony and evtdence upon which the appeal Is to be based. BOARD OF COUNlY COMMISSIONERS ST. WCrE COUNlY, FLORIDA ISI PAULA A. lEWIS. CHAIRMAN Publish: March 25. 1999 ....-;1 I :'l, ) Lc. L\.L " {/) 18 iCl.) I- I{/) II~ n\l.J, q ::: ,0 il;:;: " ~ 18 .i .. 110£ :¡ = i¡~ II·:! ,,.C II c.. ,I f II ~ ~ Î CI.) - i!~ ~ :..:. U Î::: CI.) I CI.) .:! II [t Iii 0 ~ I~ - 'I ~ CI.) I.ICI.) ~ Î Q \C '¡þg 11'= d-- h = 0\ B8 U 118 U II 0 ~ aU .. l'õ o£ i..... ...... 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[ SUBMITTED BY: Community Development ent Director TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Request for a Variance from Section 6.02. 2(B) (2) (a) of the St. Lucie County Land Development Co e - St. Lucie River Shoreline Setbacks, for property located at 623 Howard Creek Lane- Draft Resolution 99-012 BACKGROUND: Petition of Peter Sandefur, for a Variance from the Requirements of Section 6.02.02(B) (2) (a) of the St. Lucie County Land Development Code - St. Lucie River Shoreline Setbacks to allow for the construction of a single-family home within 50 feet of the Mean High Water line of a tributary of the St. Lucie River. ~ FUNDS AVAILABLE: N/A PREVIOUS ACTION: None RECOMMENDATION: Approve Draft Resolution 99-012 granting a variance from Section 6.02.02(B) (2) (a), of the St. Lucie County Land Development Code - St. Lucie River Shorelin~ Setbacks which would allow for the construction of a single-family home within 50 feet of the Mean High Water line. ~ [ ] APPROVED OTHER: DENIED s M. Anderson y Administrator COMMISSION ACTION: lJr Review and Approvals County Attorney: Management & Budget: Purchasing: Originating Department: Finance: (Check for Copy only, if applicable) Other: Other: ~ ....." SJ· . - COUNTY COMMISSION REVIEW: April 6, 1999 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: March 31, 1999 Subject: Petition of Peter Sandefur, for a Variance from the Requirements of Section 6.02.02(B)(2)(a) of the St. Lucie County Land Development Code - St. Lucie River Shoreline Setbacks On April 6,1999, you will be requested to review the petition of Peter Sandefur, for a variance from the provisions of Section 6.02.02(B)(2)(a) of the St. Lucie County Land Development Code, St. Lucie River Shoreline Setbacks. The subject property is located at 623 Howard Creek Lane, adjacent to Howard Creek, a tributary of the North Fork of the St. Lucie River. The above cited section of the Land Development Code establishes setbacks from the shoreline of the North Fork of the St. Lucie River in which development activities are either prohibited or restricted. The provisions of Section 6.02.02(B)(2)(a) specify that no development activity that would alter the native vegetation of the shoreline of tributaries ofthe North Fork ofthe St. Lucie River shall be pennitted within 50 feet of the mean high water line for lots of record platted before August 1, 1989. The applicant is requesting a Variance from Section 6.02.02(B)(2)(a) in order to pennit a single family home at 623 Howard Creek Lane. The single-family home is proposed is proposed to be located 25 feet from the mean high water line (MHWL) and, therefore, have a deficit of25 feet of the required setback from the mean high water line. A variance request of 10 feet or more of this 50 foot setback requires a review and detennination by the Board of County Commissioners. STANDARDS OF REVIEW In reviewing this request for a variance from the requirements of Section 6.02.02(B)(2)(a), the Board of County Commissioners must consider the following standards, as specified in Section 10.01.30 of the Land Development Code. '-" ....." April 6, 1999 Page 2 Subject: Peter Sandefur Shoreline Variance Reqrrest 1. The requested variance must arise from conditions which are unique and peculiar to the land involved; that if the provisions of this Code are literally enforced, they would create an unnecessary hardship to the owner; that the conditions are not ordinarily found in the same zoning district; and that the conditions are not caused by actions of the property owner or applicant. The requested variance arises from conditions which are unique and peculiár to the property involved. The irregular shape of the subject property causes an unique situation that, if the required setbacks are to be adhered to, would cause undue hardship on the owner. The subject property is zoned RS-3 (Residential, Single- Family - 3 du/acre) and requires a front setback of25 feet, side setbacks of 10 feet, and because it is located next to a tributary of the St. Lucie River, a setback of 50 feet from the MHWL. The result is a building footprint which severely restricts the use of the property and the home that can be built on it. The attached Exhibit "B" indicates the allowable building area of the subject property if current County criteria are enforced. The attached Exhibit "A" indicates the building area if the Sandefurs were allowed to reduce the shoreline setback to 25 feet. As can be seen on these sketches, Exhibit "A" severely limits the type of home that could be built on the subject property. Many of the other homes in the neighborhood were built prior to the current 50 foot setback when only a 25 foot setback was required. A reduction in the setback to 25 feet would allow Mr. Sandefur to construct a home more in confonnance with other homes in the neighborhood. The subject property already has a seawall on the St. Lucie River and a dock and, therefore, no degradation of the shoreline is expected to occur if the setback is reduced from the current 50 feet to the proposed 25 feet. The existing mangrove fringe on one side of the property is expected to remainm place. The enforcement of the current setbacks would result in a home which would not resemble other homes in the neighborhood and could possibly lower the area's property values. 2. The granting of this variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located. The reduction of the buffer zone has been detennined to have no significant impact upon the water quality and shoreline protection needs of Howard Creek. The subject property has an existing seawall and dock located along Howard Creek. A degradation of the water quality is not expected to occur. The granting of this variance would allow the applicant to construct a home in substantial confonnance with other homes in the neighborhood. '-' """'" April 6, 1999 Page 3 Subject: Peter Sandefur - - . Shoreline Variance Request 3. The variance is the minimum that will make possible the reasonable use of the land. The requested variance is the minimum variance required in order to allow the Sandefurs to construct a new single-family home in confonnance with other existing homes in the subdivision. 4. The variance will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. The proposed variance is not opposed to the general spirit and intent of the St. Lucie County Land Development Code or Comprehensive Plan. The variance, if granted, would allow the applicant to construct a home on his property that would more closely resemble other homes in the neighborhood. Based upon these findings, staff recommends that you approve the above cited request for a variance from the provisions of Section 6.02.02(B)(2)(a), St. Lucie County Land Development Code - St. Lucie River Shoreline Setbacks. Staff recommends approval of Draft Resolution 99-012. Please contact this office if you have any questions on this matter. SUBMITTED: cc: Peter Sandefur File 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 '-' .-....1 RESOLUTION 99-012 File No.: SLR-99-001 A RESOLUTION GRANTING A VARIANCE FROM SECTION 6.02.02(B)(2)(A), ST. LUCIE COUNTY LAND DEVELOPMENT CODE - ST. LUCIE RIVER SHORELINE SETBACKS FOR TED SANDEFUR WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following detenninations: 1. Peter and Anita Sandefur, presented a petition for a variance from the provisions of Section 6.02.02(B)(2)(a), St. Lucie County Land Development Code for certain property in St. Lucie County, Florida. The subject property is located at 623 Howard Creek lane, along Howard Creek, a tributary ofthe North Fork of the St. Lucie River. 2. On April 6,1999, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 3. After consideration of the testimony presented during the April 6, 1999, public hearing, including staff comments and the standards of review for granting variances set out in Section 10.01.30, St. Lucie County Land Development Code, the Board of County Commissioners has made the following detennination: 1. The requested variance meets the standards of review as set forth in Section 10.01.30 ofthe St Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. 2. The variance granted will not impair other property or improvements in the neighborhood. 3. The variance granted is a minimum needed to allow reasonable use of the subject property. 4. The variance granted meets the general spirit and intent of the St Lucie County Land Development Code and the St. Lucie County Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the St. Lucie County, Florida: A. The petition for a 25 foot variance from the provisions of Section 6.02.02(B)(2)(a), St. Lucie County Land Development Code, St. Lucie River setback standards, submitted by Ted Sandefur is granted for the following described property: File No.: SLR-99-001 April 6, 1999 Resolution 99-012 Page I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 - ~ ......, SECTION 24, TOWNSHIP 37 SOUTH, RANGE 40 EAST. LOT 12 BEAU RIV AGE HEIGHTS, AS RECORDED IN PLAT BOOK 14, PAGE 33, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SUBJECT TO ANY APPLICABLE EASEMENTS, RIGHTS- OF-WAY, OR OTHER RESTRICTIONS OF RECORD. (TAX ID#: 4424-804-0012-000/9) (Location: 623 Howard Creek Lane) B. This variance will allow for construction within 25 feet of the Mean High Water line of Howard Creek. C. This variance shall not be valid for a period longer than twelve months from the date of this Resolution - April 6, 2000 - unless a building pennit or other applicable local site development pennit effecting the restoration of the effected shoreline area is issued prior to the expiration ofthat twelve month period. After motion and second, the vote on this resolution was as follows: Chainnan Paula A. Lewis xxx XXX XXX XXX XXX Vice-Chainnan John D. Bruhn Commissioner Francis Hutchinson Commissioner Doug Coward Commissioner Cliff Barnes PASSED AND DULY ADOPTED This 6th Day of April 1999. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chainnan ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney hf H:\ WP\RESOLUTI.N\FINISHED\Sandefur. V AR\Sandefur.RES. wpd File No.: SLR-99-001 April 6, 1999 Resolution 99-012 Page 2 - -- E f\~.~¡t 14 AU BO rJNDARY .~SUJtVEYThiS I~¡;; ß~ ì I J ~b I { ClT t Q. , .J \11 (~'t'" <..11,) ); ot,~/'v¡+ "/ / . IF\ t I. .? (" '/ / W J , ~ ' S~+ J,Q. k 0(1').- -flow oP\\J- ~t" a.Vla.~1< / 701 'f c;. (!" ,'VI t, . \ tfl (. - \.l ç ~ f z ~d (Y¡'() b de \<- ~\" hc>/"Y1~ ( II.( 'x 70' % }tc-¥- {þo..V ð Y.f . 9gD $<1, ç 1-;)1 FDY" . I 5J I (,fl./ ò'1 5,.z..e.. (.{)(Y)pa.lt Son é 60 ~(). 01-')''1' Mohile. H0Y'>1e5 o.r (. -r:0t a../ lowe.J bLf 'SLA.bd \ viS I DJ" c...oVetr, ç,~.v,_t# UNPLATTED 18.00' s t' ,- (,¿ ._---_._--~ :.-..----. ! (i µ::¡ "~ ::~Q) ;J :·i. 'dî~' ,.~ :;'~ :~ Ê) ~ ... ;:.... :..:""i'--:', .._--t-::}--- R=50.00' A= 1 09.08' D= 125'00'00" 'I'AN=96.05' CH=87.82' LCHD=:N 2?:.48·05~ LINE 1 2 3 4 5 6 7 8 9 10 11 HEARING N 00'0I'42"W N 08'4I'21'W N 29·4·9·02"W N 40'07'12"E N 15'47' I1'W N 05'08'30"W N 3756'04"1:: N 33'04'48"W N 50'12'OO"W S 55'00'OO"W S 48'13'51"W . -SET #5 R&C (LB. 4675) . -FND 4"X4" C.M. S'OfJTI-I FLORIDA l)RO~FE;SSIONAL LAND SURVEYORS REVISIONS No DESCRIPTION DATE BY -----.- 1 2 3 4 ------ ---- -----..- 1 00 DRAIfJ\( BY: RMK 2434 N. E. MYRTLE STREET - SUITE JENSEN BEACH, FLORIDA 34957 DATil BRAWN: 1/14/94 "AGE: 15 (107) 334-8772 (407) 334-2585 FAX (407) 334-2584 FIELD BOOK: MC-15 CHliCIŒD BY: TLM DA TE IN FfEl.D: 1/10/94 JOB No. 94-006 SIIfXl' 2 OF 2 //' CoVc:tY\CU\ fs DISTANCE 13.62' 19.02' 13.40' 44.01' 21.74' 14.57' 7.93' 15.83' 19.64' 4.00 1.83 20 10 0 I \' 20 40 -~==c SCALE IN FE£' ' 00 .-1 -- - SURVEYOR'S CERTIFICA TE I HEREBY CERTIFY m.IT '(HI:: PLAT SHOWN HEREON IS A TRU/i AND CD:!."ECT REPRI;SE/'ITAlI".V OF A SURVEY MADE: IJ1{DER NY ~IRE:,""ON AND rHlr 'WD ~lrRV£'Y NE:ETS THE MINIMU.'J TECHNICAL STAN:J.'IIIiS CJJ' FLORIDA ADMIN1STRATlVI:· (.'OÞS ·1<11U IIW:7-tS P:JflSJANT TO F.s. CIIAP'mI 47t.1Í<:7 I./II! TILl!' ; fEA.~ !\i!A' HC, J,þIJ1T r.ROU/iD E:NCROACH:n:NTS 1r."il./lSS OTHE:RII7SE S;;C7fN: NO'i' VAUD UNLESS SEAI.J::D WITH AN EMrir::::.·s!!'..' SEAL. '.. RRY 1. UI.CDF;VITT· -. - PROFESSIONAL LAND SVRVE}'OR FLORIDA CERTz'FICA'fE' No. 4557 ~"¡";1 is" -.....I BOUNDARY _JSURVEY \( J ßc.A.; Id a.6 t< o.r(.~ ' -, J\~ flL'f ttll-iC w ,+,-, SO' set Þa c k. OrIO \". (.. ('ow ~ t. ~ \ ,ne. \<- W' yp-c,'f. ~'øoŸ I ,J I I:JfJ é {:P '-" '" 18.00' s ~. 1~~'---'-- ,-- - ---'3" \~ '~ ',.\:P: :ift.:·· It: '~~' ~~ ~;~~ :~¡;;:, ~<D {Si: ~c1:~:'- ~. ~ ['-'--C-_T--] R=50.00· , A=109.00· D= 125'00'00· 1.'AN~96.0~' . -SET #5 R&C (LB 4875) CH-87.82 .. .. CHD=:t! ~T.48·9.~: ' . -FND 4 X4 C.M. S'OTJTF-I FLORIDA l)RO~FL~SSIONAL LAND SURVEYORS 2434 N. E. MYRTLE STREE'r - SUITE 100 JENSEN BEACH. FLORIDA 34957 (-107) 334-'8772 (407) 334-2585 FAX (407) 334-2584 UNPLA T'fED LINE BEARING 1 N 00'0I'42"W 2 N 08'41'21'W 3 N 29'4,9'02"W 4 N 40'07'I2"E 5 N 15'47'I1'W 6· N 05'08'38"W 7 N 3756'04"E 8 N 33'04'48"W 9 N 50'12'OO"W 10 S 55'00'OO"W 11 S 48'13'51"W REVISIONS --.-..- .-..----- No DESCRIPTION DATE .._._0'.- --- BY I HERElfY CERTIFY nr.I T '{}{t> j.'U T SHOlfN HEIIEO/'l IS A T/lVl: AND cn:!HKCT lID'Rf:SEHTA1I".'" OT A SVRVf:Y IlADt UIiIIER )lY· ¡¡/REcr:ON oWD T/liT ·~D ~lIIlVP;Y IIEfõTS THE IlINIIlU!j TECJrNlCAI. STAND.·,/II.... CJI' FLORIDA ADNIH1STRATlVl: '(;ODlI 1<tIU: tlt,(-:7-1S P'JRS;JANT TO 1.5. CBAI'T!:Il 47t./Í:!7 'Jon TlLlr ¡7ŒJt/I A'JJl xe; 'û'lVt GRDUIfI/ F.NCROACH'.œNTS (fI'{/4r.i'S OTJIEIlIflSe S¡;C7fJl:· .1101' YAUP UNLESS SEAJ.Ii:D WITH .AN EMriv::!'s!:i:' S~AL. 1 2 3 4 DRAIf/'I BY: RMK ------- ----.--- --- --- -----'.- DATE DRAWN: 1/14/94 PAGt: 15 FIEl.D BOOK: MC-15 CHiCDD BY: TLM DATE IN FlEW: 1/10/94 JOB No. 94-006 Slfa:t 2 OF 2 '~¡þ , f]V\ ~ç YJ>'~ ð )'J , ~(). ,,/' (RÍW) ~y _ ...1 ,.... --"o,'I/IV - ., ,-,.,. - _.--.-,..----.---:L~'--n-.-.-.. . ._"~ HOWARD' 'CREEK rHD HAIL - LANE- -.. ---' 20' ASI'HALT c.oVa.Y\~f~ DISTANCE 13.62' 19.02' 13.40 ' 44.01' 21.74' 14.57' 7.93' 15.83' 19.64' 4.00 1.83 20 1,0 I o 20 40 I,' ====t:' --SCALE'H-n:E1' 10 - .:t SURV¡';YOWS CER'fIFICA TE ..- - RRY 1. :4I.CDEVITT-:' . PROFESSIONAL LAND SURVE'¡OR FLORIDA CERTiFICA'fE No. 4557 § . I e ........ ... Q)~ ... '" '0'0. '" '" '" II: 10-0 ~ 0..-' II: Z => 0 ~ ü z => 0 QYOY ]HI' ~NYY Ü a: w :;, > ., . ã: .. .. ... I:! , ... Z .. =' ¡ ï= '" .. .. a: Ii '" « II: ! Q'Ot:! 03»15 ~ Z II: « ë5 tl·, ......, ~ '-' .....,¡ 10- ..........-- z :J In S '+- ... " Q) .,- c ... .. " In .. 0 S ,., ~ -0 ",'" .,; 0 ~ c C " 0 .c I > .- ~ <U " ... G C " '" Q) S .., en ,.,,, . Q) ::::~ ~ G C C Do . \I- ,,- ~ -.J s 0 Do a: S:a Do G C. o '" '" 10- ---1 0 u " " Q) \ C. .. (f) 0 ........ , " Q) '" 0.... , ... ~ .. '" ¡ ! II: S ~£ 1 s cõ£ 1 ~~ ~ A.lNn08 3380H833>10 ... .. '" - '-' Zoning Peter L. Sandefur Howard Creek Lane /' """' "- 10 9 8 7 6 5 4 J 21 I I ---- -- ANAL 50 24A 25A 26A 2TA 28A 29A JOA JIA J2A ,----- ---- /' 49 / 24 25 26 2T 48 0'1 .g <- Ve· 20 JA 46 16! J6 ~i- 45 22A 45A 6!r 7A I J7 '"AI '" Q) il7 U 40A .ffA 16 ::J ....J 40 .ff Road 14 IJ 12 TRACT 'A' STORI.tWATER MAHAGEMENT TRACT SLR 99-001 Community Development Geographic Information Systems Map revised March 8. 1999 This map has been ccmpied tor general planning ond ""....... puIpOI8S odf. While fMK'f effort haI been made to )fOYide the f110Iìt aKfenl: and 8CCU1Ite _Ion pouIbIe,' 10 not intended tor UI8 as .. legally binding documont N - -- Peter L. Sandefur Land Use ...........r-: PORT ST. LUCIE CITY LIMITS Howord Creek Lane 10 9 8 6 5 4 J /' 21 I """' "- I ---- ANAl 24A 25A 26A ZTA 28A 29A JOA JIA .,,---- ---- /' fI I 24 25 26 ZT 28 29 JO JI J2A 50 49 48 '" JA 46 45 45A I .uAI .u J'( St. Lucie ( Ve· 16J 20 ~¿, 6Jr 22A TA Q) fiT U 16 :J ---! 40 Road 15 14 IJ /2 TRACT 'A' STORWWAT(R MAN,t,C(M(NT TRACT SLR 99-001 Community Development Geographic Information Systems Map revised March 8, 1999 ThIs map has been comp4O¡d 'C'I enoraJ pIaming ond ref..enœ pYrpcseo only. WNIe fMM'( off... _ been ",.. 10 provide !he most current ond IICCIIIIte Inlormeticn ~. k Is net Intended tor.... os . legally binding dccument. N - ... \..r' 'wi AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, APRIL 6,1999 7:00 P.M. Petition of Peter L. Sandefur, for a Variance from Section 6.02.02(B)(2)(a), of the St. Lucie County Land Development Code to allow for the construction of a single-family home within 50 feet of the mean high water line of the St. Lucie River for the following described property: (Location: 623 Howard Creek Lane) THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST If it becomes necessary, these public hearings may be continued from time to time. Please note that all proceedings before the Board of County Commissioners are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners on March 25, 1999. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on March 25, 1999. FILE NO. SLR-99-001 - '-'" 'wi , ST. LUCIE COUNTY BOARD OF .. . COUNTY COMMISSIONERS '. PUBLIC HEARING AGENDA A~R11.6, 1999'0 : .... .' ..:.".r TO WHOM IT MAY CONCERN: ' , NOTICE Is heiebi:~1Ven In accOrda'nce wi!:\! SeqlaniJ.1;00.03 af'tliè St. Ludt'tauntyt,(¡nd i>eveI,\ ' opm.nt~è"~~;In,'~nœ' wlth,th. provlsion..of ~St.. Lucie CÒllnty ComprëhWWePlan, that the following applicants have' requesled th~¡. he,~I. Lucie County, Board.. of, .Caüilly"Çommlssloners cOnsider th8k request as follows:; , '1. FATHER MICHAEL SAJOA; , for a Change In Zoning from the RS-3 (ResldenHal, SIngle-Family ~'3, ' du/aae) Zoning DistrIct 10 the) pnslltutlonaQ ZonlngOIsbiçt.1or the following desaibed ÌJrOperIyI;: , SECTION 8, TOWNS\¡tIP 35 SOUTH, RANGE 040 EASTi,:eOQ- PE.R·S SUBDIVISION',LOT.. '(0.88 Aq(OR 1189~956)· AND,:LOT5 (2.79 Aq (OR 11 B9-956) (TAX,I,O. NOS. 2..0B-706-ooo...ooo!3"a,nd 2..0B-706-OO05-OOO/0). '. .;" '(Location: NOrth side of; Delci-, ware Avenue,approxlmately 500 feet East of Hartman Road). ;, , 2. THE FORT PI~RCEAIR CEN~ TER . (Erneslci Velasco, Age/1Q, ~ . applledlor.a ~ oi' AdlusfmenUe theexliflng Conditional Use.of ~ ' SI; Lucie County Interna!ional AJr~ port. The proposed Malor Adlust~ menlls 10 conslruèl a ",800 square' . fool hangar .(Han{¡ar E-I2) lor the. following described properIy:. .,' Beginning ,al thesouthwe$t.. c:or;- ner of Section ,2?;T¡¡wnshlp 3.. South, Range "0. East run ,SOuth 89·31'3.... East 30.00 feet 10 a polnllylng on Ihø south line Of said section; thenc, run Nor,th 00°26'26" East,625.11 feet poral; lei to the west line, Of iald seCtIOn ' Iq a poInt; hence n,!I S04Í!~ 87·51'3.... East 36.99 feet ,loci' point; sold. poInj ¥ng,!M., .~ollit;~ B""lnnlng,' . fióm'i;sald' Polm"of --lnnt'lI/ ·"W':·å7"51·3.... :: 66~83'f~ ¡õå'jìõint;'1!ìénèè ' run North "5"15'26" East 515:68 feet, 10 a pÒlnI; ~. ru'!.NarjI1 ....·..2'3..'· west 1314,92 feet Iò CI point, said point being ,the. PoC."of, a curve concave 10 the west,þay.: Ing ,a delta ang1e) Of3~"~Q~':i and a radius ofl29"~2 f~; , thence run In· a 'sóutherty dlredlai! alóng the arc:of.sQld~,6?~;S5, feet 10 a point; said point ,being .tI)e P.T. 01 Said curve;:thence run SOuth ..5·17'26" West'JOO'lHttO,'ô" point; lhence run~'09"f2'~~' West 5"0.00 feet 10 a ,point; sakI', point being the Point oi Beginning.: All lying In SedlO\I 29,To~~lp, 34 South, Range "0' Ea~t,SI. L'!èIe County, Florida. ,,(Tax to. No. 1429-323-0002-000/6). (Location: 2982 Curtis King Bou- levard, SI. Lucie' County' Interna~ lional,Alrport; Hangar 12) 3. THE JET SERVICE .CENTER : (Hollyce .. Hoover, Agenl): 'has applied for a Major Adjustment to the exlsllng Conditional Use at the SI. Lucie County Internallonal Air- port. The proposed Major Adjust- menl is 10 expand the daily opera-, lions 10 allow jet polnling services, a 1,800 square foot office, ,9nd a 12,000 square foot. hangar, lor the following described properlyr, ' Beginning at the southweitcor- ner 01 Sedlon 29,' ToWnshIp ~.. South, Range ..0 East. run ,SOuth 87"..9'5.." East 30.00 feet Iò a point lying on th4 sOuth line of iaid . section; run NorthQO~6'~6" East 525.11feetpÓrallehIoÜhe west line of sardsecllon; run South 87"51·3..·· East 231:09,feet,1o the PoInlof Beglnillng¡ from said Point 01 Beginning run SOuth 87"51'34" East 517.19 . feet; run North "5"15'26" East 559:19· feet; run South 50008'''o'.S''~ East T6cJ.;C9 feet· run South 00"26'26" 'West 589.00 feet; run South '89"52'26" Wesl 10.....20 feél; rim North 00"26'26" East,319.8:t,,.. ,10 the Polnl of Beglni1lng~ (Tax ',D;' No: 1429-3"2-0001-000/8).·· . (Location: 3131' Jet Center Ter- race, St. Lucie County International Airport). ' ... PETER L SANDEFUR, lor a Variance fr.om Section 6.02.02(B)(2)(ø),of the. St., Lucie County .Land Development Code to allow Jor the coitstrudlon 01 a single-family 110me within 50feët 01 the mean high water line of the SI. Lucie RI_ for the following desalbed pro¡)erty: , SectIon 2", Township 37 South, , Range "0. East, Beau Rlvage Heights, Lot 1:2 and that port. of canal adj to SD lot bnded byext of N & sly II of Lol 12 (OR 695- 1 32"). (T a x I. D. No. ....2..-a0..-OO12-ooo/y).', . -" , (Location: ,623 Howard, ,(:reek Lane)·....'.;' PUBLIC HEARINGS will be lîeld In the. CountyCQmmlsslon,'Chall\o: ben. 3rd floor of:the Rogei Poitras Admlnlslratlon, Annex Building, 2300 VIrginia Avenue, fort Pierce, Florida on Aptl!~, '1999, begin- ning at 7:00 P.M..'or'as soon~ alter aSpOsslblë.· . :';", , PURSUANT. TO 'SectIon 286.0105, Florida ',sloMes;~' f'a person decides 10 appeal any decl~ slon made by a board, :ag'!1CY,or commissIon with ,resped to., arr¡ matter considered at' a . meeII/Ig or hearing, he will, need ¡¡ recOrd of the proceedings, andthat,for.suc::'1 purpose, he may need 10 'eOs~ that a verbatim reCord of the pro. ceedlngs Is niacle,whlch reëord Includes the tesllmony and. evi- dence upon which the appealls 10 be based. . 80ARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA /S/ PAULA A. LEWIS, , 'CHAIRMAN I Pub.: Mar. 25, 1999 11u.. 1w j ~ .....¡ No. 1229 ST. LUCIE COUNlY BOARD OF COUNTY COMMISSIONERS PU8UC HEARING AGENDA APRIl 6, 1999 3. THE JET SERVICE CENŒR (HoIlyce Hoover. Agent) has : applied for a Major AdIus1ment to the existing . Conditional Use at the st. Lucie County Intematlonal Airport. The proposed Major Adjustment Is to expand the dally operations to allow jet'polnting services. a 1,800 square foot office, and a 12.000 square foot hangar for the following described property: BEGINNING AT 1}E SOU1HWEST CORNER OF SECTION 29, TOWNSHIP 34 SOUTH, RANGE 40 EAST, RUN SOUTH 87" 49' 54" EAST 30.00 FEET TO A POINT LYING ON THE SOUTH . LINE OF $AI) SECTION, RUN NORTH 00" 26' 26" EAST '525.11 FEET PARAllEL TO THE WEST UNE OF SAID SECTION, RUN SOUTH 87" 51' 34" EAST 231.09 ÆET, TO THE POINT OF BEGINNING, FROM SAID POINT OF BEGINNING RUN SOUTH 87" 51'34" EAST 517.19 ÆET, RUN NORTH 45"15' 26" EAST 559.19 FEET, RUN SOUTH 50" 08' 40.5" EAST 160.49 FEET, RUN SOUTH 00" 26' 26" WEST , 589.00 FEET, RUN SOUTH 89" 52' 26" WEST 1044.20 FEET, RUN NORTH 00" 26'26" EAST 319.83 FEET TO THE POINT OF BEGINNING. (Tax I.D. No. 1429-342.0001-000/8). , (LooatIon: 3131 Jet Center Tenace, st. UJcIe CoImty , IntemaIIonaI AIrpar1 . TO WHOM IT MAY CONCERN: NOTICE Is hereby given In accordance with Section 11.00.03 of the St. Lucie County Land Development Çode and In accordance with the provisions of the Sf. lucie Counly Comprehensive Plan. that the following applicants have requested that the St. lucie County Boord of County Commissioners consider their request as follows: 1.' FATHER MICHAEl. So6JDA, Jor a Change In Zoning from , the RS-3 (Residential, Single-family - 3 dU/acre) Zoning District to the I pnstltutlonal) Zanlng DIstItct for the following described property: SECTION 8, TOWNSHIP 35 SOUTH, RANGe 40 EAST, COOPER'S SUBDMSlON LOT 4 (0.88 AC) (OR 1189-956)· AND LOT 5 (2.79 AC) (OR 1189-956) (Tax I.D. NoI. '2408-706-0004-Q00(3 AND 2408-706.()Q05-(J()(J¡'O). (LooatIon: NoIth IIde of DeIawcn Avenue, approximately 500 feel East of Halfman Road) 2. THE FORT PIERCE AIR CENTER (Emesto Velasco, Agent) has applied for a Major Adjustment to the existing Conditional Use at the SL lucie County International Airport. The proposed tJrajor Adjustment Is to constnJct a 4.800 square foot hangar (Hangar E-12) for the following described property: BEGINNING AT THE SOUI1iWEST CORNER OF SECTION 29, TOWNSHIP 34 SOUTH, RANGE 40 EAST RUN SOUTH 89" 31'34" EAST 30'.00 FEET TO A POINT LYING ON THE SOUTH UNE OF SAID SECTION; THENCE RUN NORTH 00" 26'26" EAST 625.11 FEET PARAllEL TO THE WEST UNE OF SAID SECTION TO A POINT: THENCE RUN SOUTH 87" 51'34" EAST 36.09 ÆET TO A POINT; SAID POINT BEING THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING RUN SOUTH 87" 51'34" EAST 668.83 ÆET TO A POINT: THENCE RUN NORTH 45" 15'26" EAST 515.68 ÆET TO A POINT; THENCE RUN NORTH 44" 42'34" WEST 1314.92 FEET TO A POINT, SAID POINT BEING THE P.C. OF A CUlM CONCAVE TO THE WEST, HAVING A DELTA ANGlE OF 3Ó" 04'00" AND A RADIUS OF 1294.52 FEET; THENCE RUN IN A SOUTHERLY DIRECTION ALONG THE Me OF SAD CUlM 678.55 FEET , TO A POINT: SAID POINT BEING THE p.r. OF SAID CUlM: , THENCE RUN SOUTH 45" 17'26" WEST 100 FEET TO A POINT; THENCE RUN SOUTH 00" 22'26" WEST 540.00 FEET 'TO A POINT; SAID POINT BEING 1}E POINT OF BEGINNING. . AI.1 LYING IN SECTION 29, TOWNSHIP 34 SOUTH, RANGe 40 EAST, ST. LUCIE COUNlY, RORIDA. (Tax I.D. No. 1429-323.œ02-QOO/6). (LooatIon: 2982 CUrIII KIng 1IoUeYad, St. lucie County IntematIonaI AIrpact; Hangar 12) 4. PETER L SANDEFUR. for a Variance from Section 6.02.02(8)(2)(0), of the St. Lucie County Land '. Development Code to allow for the construction of a single-family home within 50 feet of the mean high water line of the St. lucie River for the following described property: SECTION 24, TOWNSHIP 37 SOUTH, RANGe 40 EAST, BEAU RlVAGE HEIGHIS, LOT 12 AND THAT PART OF CANAl. ADJ TO 51) LOT ßtiDED 8Y EXT OF N . SLY U OF LOT 12 (OR 695-1324). (Tax I.D. No. 4424-804-OO12.()O()J'9). (LooatIon: 623 Howad Creek Lane) PU8UC HEARINGS will be held In the County Commission Chambeis. 3rd floor of the Roger Pòllras Administration Annex Building. 2300 Virginia Avenue. Fort PIerce, Florida an April 6, 1999. beg!nnlng at 7:00 P.M. or as ~n thereafter as possible. I'IJR5UANT TO Seciton 286.0105. Florida Statutes, If a person decides to appeal any decision made by a board. agency, or commission with respect to any mcitter considered at a meeflng or hearing. he will need a record of the proceedings, and that. for such purpose, he may need to ensure that a ' verbattm record of the proceedings Is made, which record Includes the testimony and evidence upon which the appeal Is to be based. 80ARD OF COUNlY COMMISSIONERS ST. LuCIE COUNlY, FLORIDA /SI PAULA A. LEWIS, CHAIRMAN Publish: March 25. 1999 ~I I /1-, ) k L'-L. 8 ~ - ~ rJ:¡ c .!2 - '" 8 ¡., .£ c ..... u :ë c.. 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I It. I t NN~-~~O-Mv)~~~O'IOv)~O'I-N~~~ON~~ N~~OOO-ONNNNNNMOOO-____NNNO 000000000000000000000000000 000000000000000000000000000 ~OÓÒMÑ~NÓOOOOÒÓO~M~MMMMMMMM~ 8~~g~;~~~~~~~GGG~~~~~~~~~~~~ ........ I I I 1 I I I I I I . I I I . I I I . . I I I I , I I ~MMM~~~~~~~~~~~~~~~~~~~~~~~~ ",---NNNNNNNNNNNNNNNNNNNNNNNN ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ -~V)V)NO'I '- ........ -... ....... ........ -- 000000 000000 000000 I I I I I I ~~O'IO-N 000--_ 000000 000000 I I I I I I ~~~~~~ 000000 ~~~~~OO , I I I I I ~~~~~~ NNNNNN ~~~~~~ ~~~~~~ From: Peter Sandefur To: David Kelly .......- ......... - ~ Date: 4/5199 Time: 12:32:36 PM '" .~ '-" Page 3 of 3 ITEM ~ t5.I- April 5, 1999 To: Board of County Commissioners In care of Mr. David Kelly St. Lucie County Planning Manager 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Subject: Resolution 99-012 Dear Commissioners: Please accept my apologies for not being able to personally attend this meeting. It is ironic that trus is the first year in more than twenty-three consecutive years that I could not possibly, at this time, arrange to travel south to St Lucie County. Now it turns out to be the first year where it would have been more than just a pleasure trip. .. Since my purchase, five months ago, ofa downtown, four story, historic office build in Rockland Maine, I have been completely immersed in a renovation venture that has me on a 7 day a week schedule. This week I will be meeting with the Governor's staff to coordinate rus upcoming tour of our building and three others that are listed on the National Register of Historic Places. That will be a pleasant change from fixing leaky plumbing and tearing down 150 year old plaster ceilings. While our variance request has been favorably received by the County Planning Staff; I just learned, with less than 36 hours before your meeting, that Mr. Mathias (to the north) who abuts both our subdivision and our lot has sent a letter objecting to our variance request on the grounds that it would damage rus view and therefore rus market value. It is undeniably true that if our building lot were never built on, then Mr. Mathias' property would seem larger, have better views and be worth more money. So it is necessary to briefly point out several facts: 1. Mr. Mathias does not own our property and it is not his "uont yard H, as he once said about our dock. 2. Mr. Mathias does not hold a view easement over our property. 3. Mr. Mathias' larger lot was sized, subdivided and created after the 50 foot setback requirement was introduced. 4. Our smaller lot was sized, subdivided and approved by the County Commissioners with a 25 foot setback long before the 50 foot setback was ever thought of. Of course I do agree with Mr. Mathias that a review of our installed septic system by the County Health Department would be a good idea prior to its connection to any new home built on our lot. I am confident that this would be done as a matter of standard procedure. From: Peter Sandefur To: DaVid Keny Uate: 41:>1~~ lime: 1.01;.>"::.)0 I"IVI '-' ""wI It is my sinc~r~ hop~ that th~ County Commission~rs will agœ~ ,,-ith th~ Planning omc~ and apprO\ê our rêl Uêst {(Jr a \-ariancê and confirm that our lot is truly huildahlê. It: t()r any r~ason. th~ County Conll11ission~rs cannot appr()\·~ our '"arianc~ as stat~. th~n I r~sp~cttitlly r~l u~st that you continu~ th~ h~aring to a lat~r dat~ wh~n I can ~ith~r ~rsonally an~nd or ha'"ê I~gal r~pr~sçntation. Sinœrd,". ~ Pêtêr Sandditr Camd~n, \(aiœ 1""11....:;01.. s1- ....., I rñì. 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(6)~J&.)J ðJ ):Á.t-yit. tiaW- ~ ~ ~~\fò~J0 i:k~éffv- ~-~~~@.µ 11.-tIu~ ~ ~~~d.R, ~.~~d- 0~3 ~ ~AN/ tþtt.~ ~~ ~ .. I-J /Ib ¡dt,. ~ ~ ~ ~/ ~dJJ:iub~· ~ ~ ~.ßd~~jn~ / ~ ÞtLt ~ ítud1v *~ . ..fo~~ ~ ~~Pffi ;dt.~ rf:<:'r~"-'0 --,-- -~- -::-;;--,'.:--:-, !¡~N~··ë'.¿'~ ~~~ fn ~ ~ "_r AM 5 ~/J" 'ffth ~ :; .......~:...,..., , - . ene alley oney' : I . 116 Saint Lucie Ln ; '-___ _" . '.., ------1 ! Stuart, FL 34994-9116 ~ CO. ¡:".0~L:\:_ OFFiCE I L_ .~____ ,_ _ . -.------_--1 !)t,1-3g7-¿'19~ ·. . , '. ~ -....I TO: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY DATE: 4-1-99 Io)Œ(nßWŒ~ Uü APR I 1999 æJ FROM: MRAND MRS. MICHAEL MATIllAS 620 HOWARD CREEK LANE S1lJAJtT,~. 34994 COMMUNITY DEVEL.OPf·!:.~~I- ST. LUCIE COUNTY FI'.____..J HEARING OF MR. PETER SANDERFUR ON APRIL 6,1999 FOR V ARANCE AT 7:00 PM. I LIVE NEXT DOOR TO MR. SANDERFURS LOT ON TIlE NORTH SIDE. I STRONGLY OBJECT TO MOVING TIIE HOUSE SET BACK CLOSER THAN 50' FEET TO TIIE MEAN HIGH WATER LINE. TIllS WILL OBSTRUCT MY WIDE WATER VIEW AND DEVALUE MY HOME. TIIE SETBACKS RULES HAVE BEEN IN PLACE FOR A LONG TIME AND MR. SANDERFUR BEING A BUILDER HAD TO BE AWARE OF TIIEM WHEN I BUILT MY HOME FIVE YEARS AGO I HAD TO SET MY HOUSE BACK MORE THAN 50 FEET BECAUSE OF TIIE MEAN HIGH WATER LINE. IF I HAD TO BUILD MY HOME TO TIIE RULES AND SET BACKS,TIIEN I TIllNK MR. SANDERFUR SHOULD ALSO DO TIIE SAME. TIIE SEPTIC TANK ON MR. SANDERFURS LOT WAS INSTALLED MANY YEARS AGO AND IS NOT TO TODA YS STANDARDS. WITH ALL THE ABOVE FACTS I STRONGLY DISAGREE WITH TIIE COUNTY GRANTING MR. SANDERFUR A V ARIENCE TO BUILD TIIE HOUSE CLOSER THAN 50 FEET FROME TIIE MEAN HIGH WATER LINE. #RELY, ~~D.MA~A '. A petition of Peter L. Sandefur for a Variance from Section 6.02.02 of the St. Lucie County Land Development Code. Subject parcel is shaded below. P T ST. LUCIE CITY LIMITS Howard Creek Lane /' ..... 16 f7 , 10 9 8 7 6 5 4 J 2 I I -- I ---- ANAl 50 Z5A 2SA ZTA 281. Z9A JOA JlA J2A ---- fI 49 24 Z5 Z6 ZT 2ß Z9 JO JI 48 0} St. Lucie .q <- (Ie' zo JA 46 1(5) J6 12-¿. 45 22A 45.\ 71. I (5}r y 441.1 44 ( ) fl7 U 16 ::J ....J 4J 6 ofO 41 42 Road H IJ 12 TRÞCT "A" f' STORMWATER WANACEMENT ,lUCy ~~ Community Development SLR 99-001 Geographic Information Systems Map revised March 8, 1999 This moø .... -. oompIod lor gonoIOI planning ond ......,. _ orYo¡. N _ wet'( efIorI_ -. __ to pI<Ntde Iho ___ond - InIonnotion poodN. t 10 not.....-.clod lor.... as . IogIIy bIncIng ~ ~ - ~ - \.. ~ ~ AGENDA REQUEST ITEM NO. ~ DATE: April 6, 1999 CONSENT REGULAR PUBLIC HEARING [ X ] Leg. [X] Quasi-JD. SUBMITTED BY: Community Development SENTED . Y /J /? ¿ S}t.wrJiL Community Dev. Director TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Consider Draft Ordinance 99-002 providing for a series of General Amendments to the St. Lucie County Land Development Code. BACKGROUND: Draft Ordinance 99-002 proposes a series of amendments to the County's Land Development Code. These amendments are to the regulations governing the ability to access non-residentially zoned property and a number of minor amendments to the County's regulations governing Telecommunication Towers. On February 6, 1999, the Board of County Commissioners held its first public hearing on Draft ordinance 99-002 and accepted public comments and testimony on the draft. At the conclusion of this hearing the Board announced its intention to hold a second, and final public hearing on Draft Ordinance 99-002 on Tuesday, March 2, 1999 @ 7:00 P.M. or as soon thereafter as possible. On March 2, 1999, the Board opened the second required public hearing on Draft Ordinance 99-002. After the public hearing, and in deference to certain comments made by the public, the Board continued any further action on Draft Ordinance 99-002 until April 6, 1999 @ 7:00PM or as soon thereafter as possible. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of draft Ordinance 99-002, as amended. SION ACTION: APPROVED [] DENIED OTHER: as amended County Attorney: Coordination/Siqnatures Mgt & Budget: Purchas ing : originating Dept: Other: Other: Finance: (copies only) : (AGEND421 ) S-:s- \w' '...I ¡ COMMISSION REVIEW: Apri16, 1999 Ordinance 99-002 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Board of County Commissioners FROM: Julia Shewchuk, Community Development Director DATE: March 4,1999 SUBJECT: Consider Draft Ordinance 99-002 providing for a series of General Amendments to the St. Lucie County Land Development Code. Attached is a copy of Draft Ordinance 99-002 which proposes a series of amendments to the County's Land Development Code. The amendments included in this Draft Ordinances are: Section 1.06.00 Rules of Interpretation Section 1.06.02 District Boundaries · The amendments to this section were originally intended to be for the purpose of providing clarification to the generally accepted planning and zoning practice that public roadways are not considered to be zoned for the purpose of access limitations or restrictions. These amendments have been determined to be no longer necessary and are recommended for deletion from the final Draft of Ordinance 99-002 · Section 7.05.05 addresses further additional restrictions on the use of residentially zoned property for access to non-residentially areas and other restrictions effecting the use of local streets for access to non-residentially property. Section 2.00.00 Definitions: · Draft Ordinance 99-001 proposes to amend several definitions affecting the County's Telecommunication Tower regulations based on the recommendations ofthe County's advisory counsel on telecommunication matters. Section 7.05.05 Use of Residential Property for Access · This Section clarifies the issue of accessing private property from a public or private street or road right-of-way based on prior Board discussions. Section 7.10.23 Telecommunications Tower SitinQ · The amendments to this Section address the recommendations of the County's advisors on telecommunication issues as they relate to excluding certain types of broadcast facilities. In addition this section provides for procedural amendments in the method of processing '-' ....." March 4, 1999 Page 2 Subject: Draft Ordinance 99-002 Telecommunication Tower applications; enhanced landscaping standards when these facilities are adjacent to a street right-of-way; a clarification on the aggregate amount of storage shed space that can be located at any telecommunication tower site and a clarification on the date to which a telecommunication tower may be considered to be a pre-existing tower. The original draft of Ordinance 92-002 included an expansion ofthe exclusion of on-site security residencies, which are only authorized as an accessory use, in the CN, CO, CG, IX and I zoning districts, and which would have been consistent with the existing exclusions granted for the IH, IL and U utility zoning districts. At the January Local Planning Agency/ Planning and Zoning Commission review of this item that Board agreed to á public request not to expand this exemption into these other districts. The current draft of Ordinance 99-002 (Draft #3) does not include the previous recommended additions. On January 16, 1999, the Local Planning Agency/Planning and Zoning Commission held a public hearing on Draft Ordinance 99-002. After that hearing, the LPA voted to recommend that the Board approve draft Ordinance 99-002, as amended On February 6, 1999, the Board of Count y Commissioners held its first public hearing on Draft ordinance 99-002 and accepted public comments and testimony on the draft. At the conclusion of this hearing the Board announced its intention to hold a second, and final public hearing on Draft Ordinance 99-002 on Tuesday, March 2,1999 @ 7:00 P.M. or as soon thereafter as possible. On March 2, 1999, the Board opened the second required public hearing on Draft Ordinance 99-002. Afterthe public hearing, and in deference to certain comments made by the public, the Board continued any further action on Draft Ordinance 99-002 until April 6, 1999 @ 7:00PM or as soon thereafter as possible. Staff recommends approval of draft Ordinance 99-002, as amended. If you have any questions, please let me know. L ~S~cPwL SUBMITTED J la Shewchuk evelopment Director JSldjm OR9902m3(disk98) cc: County Administrator Ass!. County Administrator County Attorney Planning Manager Mr. & Mrs. William Hearn Mrs Nancy Spaulding Mrs. Patricia FerTick Mr. Brain Kilday 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 '-" ....." ORDINANCE NO. 99-002 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 1.06.02, RUJjES OF INTERPRETATION, DISTRICT BOUNDARIES, TO PRØVID~:'¡;;FOR A CLARIFICATION OF THE ZONING DISTRIC .. BOU~i S IN THE COUNTY; BY AMENDING SECTION 2.. 0, DE ~S, TO PROVIDE FOR AMENDMENT TO TH FINITIO . .PRE- EXISTING TOWERS AND PRE ISTlN AN S TELECOMMUNICATION FACILITY, TE 0 ICATIO OR TOWER; BY AMENDING SECTION 6. ), BY CO G A SCRIVENERS ERROR; BY AMENDIN N 7.05.05, USE OF RESIDENTIAL PROPERTY FORY PROVIDING CLARIFICATION OF ACCESS REST AMENDING SECTION 7.10.23(A), TELECOMM R SITING, PURPOSE, TO PROVIDE FOR" TO THE APPLICABILITY OF THESE RE ING SECTION 7.10.23(B), TELECOMMUNIC. , GENERAL, TO PROVIDE CLARIFICATIO RICTS IN WHICH THESE FACILITIES JECT TO MEETING CERTAIN REQUIRE G SECTION 7.10.23(E) TELECOMMUNICATI S TO STHETICS, TO PROVIDE STANDARDSWH ¡PROP OMMUNICATIONTOWERS IS ATED INDU 'R AGRICULTURAL ZONING CT; ME G SECTION, 7.10.23(F) UN TOWER SITING, SECURITY FUND TO N THE AMOUNTS AND METHOD OF ITS; BY AMENDING SECTION 7.10.23 Y FYING THE SEPARATION STANDARDS CATION TOWERS; BY AMENDING SECTION NICATION TOWERS, BUILDINGS AND GE AREAS, TO CLARIFYING THE MAXIMUM UARE FOOTAGE OF SUPPORT BUILDINGS TO BE A TELECOMMUNICATION TOWER SITE; BY G SECTION 7.10.23(P) PREEXISTING MUNICATIONS TOWERS TO CLARIFY WHAT UTES A PREEXISTING TELECOMMUNICATIONS TOWER; BY ---------~~rlIMisf~ad~tioo--------- Otrik~ 'farotlgh is for deletion Double Underline or Ol:rik~ 01:11: /Redline is change from 03/02/99 Bee meeting Ordinance #99-002d Draft #4 Page 1 PRINT DATE: 03/03/99 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 ...... -- '-" ....." AMENDING SECTION 11.05.06(F), BY CORRECTING A SCRIVENERS ERROR; BY PROVIDING FOR CONFLICTING PROVISION, BY PROVIDING FOR SEVERABILITY, PROVIDING FOR APPLICABILITY, PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, PROVIDING FOR AN EFFECTIVE DATE, PROVIDING FOR ADOBffiEION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of the following determination: cie CdJrimt¥,¡Filorida, has made 1. On August 1, 1990, the Board of Co County, Filorida, adopted the St. Lu Code. 2. The Board of County Commis.· e amendments to the St. Lucie Co ty La through the following Ordinanc 91-03 - 91-21 - 93-01 - 93-05 - 93-07 - 94-18 - 95-01 - 97-01 - 7-23 - !~dopted certain e~ªIC),pment Code, 4-07 - 94-21 - 96-10 - 97-09 - 98-01 - May 14, 1991 June 2, 1992 February 16,1993 May 25, 1993 June 22, 1994 August 16, 1994 August 6, 1996 October 7, 1997 February 2, 1999 9, the Local Planning Agency/ Planning and d a public hearing on the proposed ordinance "·the Port St. Lucie News and the Tribune at pr the hearing and recommended that the nce be approved. , 1999 this Board held its first public hearing on the r inance, after publishing a notice of such hearing in the ucie News and the Tribune on Fiebruary 6, 1999. arch 2, 1999 this Board held its second public hearing on the posed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on Fiebruary 18, 1999, and ---------~~rtT~isf~ãd~tio~-------- Gt:rik£. 'i'h:t:6t1gn is for deletion Double Underline or Gt:t:ik£. 0t1t /Redline is change from 03/02/99 Bee meeting Ordinance #99-002d Draft #4 Page 2 PRINT DATE: 03/03/99 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 --- '-' ....." continued the public hearing on this Ordinance until April 6, 1999. 6. On April 6, 1999, this Board reconvened the public hearing on Draft Ordinance 99-002, and accepted additional public comments. 7. The proposed amendments to the St. Lucie> Coul)~&,Land Development Code are consistent with the gener~IHH8Prp§}Sê, goals, objectives and standards ofthe St. Lucie County Cømpre sive Plan and is in the best interest of the health sé}~êtY:~nd publid' e of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Lucie County, Florida: PART A. THE SPECIFIC AMENDMENTS TO T LAWS TO READ AS FOLLOWS, IN ODE AND COMPILED I OVISIONS ts with respect to the intended boundaries of the various zoning districts as, the Board of County Commissioners shall make the interpretation using boundaries are the center lines of the streets, alleys. waterways, and rights-of-way, e indicated. Wherever designation of a boundary line on the Zoning Atlas coincides on of a street, alley, waterway, or right-of-way, it shall be construed to be the boundary t exce~t that. a~1 DubliG streets and road ric¡hts of ¡va y. and those Dri~ a~~ -,S!~::t~~~~ ~O::~ v """ ... ---------~~rtIMi;f~~d~tioo--------- GtJ::iJt(. Th~0119h is for deletion Double Underline or ,Gtdk{. 0t1t jRedlil1e is change from 03/02/99 BCC meeting Ordinance #99-002d Draft #4 Page 3 PRINT DATE: 03/03/99 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 - ~ 'wi purposes of enforcement of the Drovisions of Gection 7.0~.OS of this code. B Where the zoning district boundaries do not coincide with the location of streets, alleys, waterways, and rights-of-way, but do coincide with lot lines, such lines shall be construed to be the boundary of s.uch district. exceD.t that ~1I.l5ubIiG stree~ and road ri~hts of vva y, and those I5ri v at~ streets and road C. Where the zoning district boundaries do not coincide with and rights-of-way or lot lines, the zoning district boundary shown on the Zoning Atlas. D. Zoning district boundaries indicated as approximately as following those boundaries. ************************ 1~CHAPTE bf'~ DEFINI 2.00.00 r to September 2. 1997. the effective date of this o pro ne or more telecommunications services, including, without towers, other supporting structures, and associated facilities used to ignals. An open video system is not a telecommunications facility to s only video services; a cable system is not ª telecommunications facility rovides only cable service. nd support thereto, designed and constructed primarily for the purpose of supporting ntennae intended to provide telecommunication services includina lattice. monopole towers. for transmitting or reeeiiing The term includes personal wireless services -; ---------~~dIMi;f~ad~tioo--------- St:dk¿ Through is for deletion Double Underline or StriJt¿ Out /Redline is change from 03/02/99 Bee meeting Ordinance #99-002d Draft #4 Page 4 PRINT DATE: 03/03/99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 - - - ~ .-.,1 telephone, radio and similar c;ommunication purposes, inc;luding lattice, monopole and guyed tOners. . facilities used for the provision of commercial mobile services. unlicenced wireless services (telecommunication services usinQ duly authorized devices which do not require individual licences) and common carrier wireless exchanQe access services. For purposes of this Code Tthe term includes radio and television transmission towers, microhave towers, common carrier to'vv ers, cellular telephone to'hers, and alternative to'v'i'er structures, among others. The following sh e considered not to be a telecommunications tower: 1) a structure supporting a utility transmission line(s) only, and 2) a structure up to 150 feet in height supporting a 6 or high line(s), and antenna(e), when located in non-re . 'al zonin 3) a structure supporting a amateur radio antenn . and 11 a structure su ortin a radio television or s lite receivin only. ************************* 6.00.03 A. (No Change) B. Unless otherwise provided in this Co County government, shall be subje shall not be subject to: dingwall departments of St. Lucie Sêction. Public entities, however, 1. o of this Code; or 2. C. ENTIAL PROPERTY FOR ACCESS A. ---------~~clIMisf~ad~tioo--------- at:!: ikc 'fluol1gh is for deletion Double Underline oratrikc Ot1t /Redline is change from 03/02/99 Bee meeting Ordinance #99-002d Draft #4 Page 5 PRINT DATE: 03/03/99 1 2 3 4 5 6 7 8 9 10 11 12 13' 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 - - - -- '-' >oJ industriall y' zoned f)rof)ertv. r or the Counh Commission to authorize the use of a street considered to be a local residential street or road'9vay for access to commercially or industrially :toned f)rof)ertv. anv af)f)licant for such access must demonstrate to the satisfaction of the Countv Commission that: 11 The f)rof)osed use is f)art of an af)f)roved olanned develof)mentf)roiect desianed in accord ~vith the f)rovisions of Gection 7.01,00. 7.02.00 or 7.03.00. aSrT'lå~~"be aDblicable; or. and. ~ c, :'; . .__'~ That the dominate use of f)rof)ertv vvithin the¡'area of the prooosed driv"è~·¡8~:~êðnnecUÓÌ"l. to the f)rooosed or existiM commercial or induS;t 4f81,de·.¡elopment activity i;fjöê81êd~~js>';8cant or other othel"h'ise oCGUoied b'v nonresidenti81:'uses; and. . . . 1:1 The ret1uested drive'vv'av connection to a stre;'~i~ô~~!~~~~~::~~ be a local residential street or road'v.av arises from a condition that is u~!~i!ie anð~~~§~'I!ª~'*t~ the land. structures and buildinc¡s involved; that the oarticular ohvsiëal surroùrr!!~·~~!~,t~~':i~haoe. or tooo~raohical condition of the soecific orooerty in~o!~~¡'_~'~uld resultl;r~·;~~ì;t~·é"cessarv hardshio f'Or the o'vvner. lessee. or occuoant. as disti~.~~Î,a~~Ir!~a mere in~~·~è·ñìence. ifthe orovisions of this Gection are lit~rallv en~rce~¡~~ð:tñ'8''IiI01~i!~::~ifreate~~~·t~e re( ulations of this Code. ******************************** MUNICATIONS TOWER SITING rpose of this section is to establish regulations and requirements for the siting of wireless ---------~~dI~isf~ad~tioo--------- Strike Tn:rotlgn is for deletion Double Underline or Ot:rikc. 0t1t /Redline is change from 03/02/99 Bee meeting Ordinance #99-002d Draft #4 Page 6 PRINT DATE: 03/03/99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 '-' ....,; telecommunications towers aCId is intended to accomplish the folloning purposes. All new towers or antennas in the County shall be subject to these reQulations. except where specificallv excluded. The section is intended to accomplish the followinQ: 1. Protect and promote the health, safety and general welfare of the residents of the unincorporated areas of the County; 2. Minimize potential impacts of towers upon residential areas a 3. Encourage and promote the location of towers i impact on the community is minimal; 4. Minimize the total number of towers through co-location of antennas on new and pre-exis construction of additional single-use towers; 5. Encourage and promote to users of towers minimizes the adverse visual impact of th siting, landscape screening, and innovative 6. Enhance the ability of the providers to the community through an effi to provide such services cess. In furtherance of these goals, the C Comprehensive Plan, zoning maps hurricane preparedness areas, . e consideration to the County's mentally sensitive areas, including cation of towers. B. GENERAL. 1. as a permitted use in the "AG-5" Agricultural-5, , and "U "Utility Zoning Districts subject to the tion 7.1 Telecommunications towers may be located as a he requirements of Section 7.10.23 and Section 11.07.00, in all tions may be located as a permitted use on the same property as eren existing use on the same lot or parcel that is proposed to have a tower located on it shall not preclude the installation of that ower if the other requirements of this section can be met. of telecommunications antennas by more than one provider on existing ications towers shall take precedence over the construction of new nications towers. Accordingly, each application shall include a written report by a professional engineer licensed to practice in the State of Florida, stating the ng: An initi8f evaluation within the search area of the feasibility of sharing a tower, ---------~~rlI~isf~ad~ti~--------- Ot:rikc 'Fh:rotlgh is for deletion Double Underline or St:rikc Oat /Redline is change from 03/02/99 BCC meeting Ordinance #99-002d Draft #4 Page 7 PRINT DATE: 03/03/99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 '-' """ analyzing the~ 1) availability of towers for co-location; and 2) structural capacity of all available towers; and 3) radio frequency interference; and 4) geographical service area requirements; and 5) mechanical or electrical incompatibility; and 6) inability or ability to locate equipment on the t 7) any restrictions or limitations of t ederal that would preclude the shared ' f the to 8) any additional information d by the Paragraph 4 through 7- 8. ecurity fencing eight (8) feet in ated .. E. AESTHETICS. All telecommunications tow s and related structures shall use materials, at will blend them into the natural setting and mlmmlZ e visual impact. Towers and any accessory buildings factory finish or be finished or painted in stealth or neutral tone d in a h 3 and 4 below' Þ@II tower sites must comply with the eemng requirements of the Land Development Code. The Community shall require landscaping in excess of any written requirements as is ecessary in order to enhance compatibility with adjacent residential and d uses. All landscaping shall be properly maintained to ensure good health at the expense of the owner. Tower facilities shall be landscaped with a buffer rials that effectively screens the view of the tower compound from property used ces. The standard buffer shall consist of a landscaped strip at least ten (10) feet ide of the perimeter of the compound, except that. if the tower perimeter abuts a or rivate street or road ri ht-of-wa the minimum buffer width shall be fifteen 15 t. Existing mature growth, not including exotics, and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, ---------~~rlIMi;f~ad~tioo--------- Dt¡:ikc 'fh¡:~t19!i is for deletion Double Underline or Gt:t:ikc 0t1t /Redline is change from 03/02/99 Bee meeting Ordinance #99-002d Draft #4 Page 8 PRINT DATE: 03/03/99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 '-' ......, wooded lots, natural growth around the property perimeter may be sufficient buffer. The Community Development director shall be responsible for determininq if the existinq native perimeter veqetation meets the intent of this Code. All areas disturbed during project construction shall be replanted with vegetation according to Section 7.09.00, of this Code. 3. ~ The Telecommunications Tower is zoninq district. QJ The ro osed Telecommunications r is laêated a minimu feet or the tower heiqht. whichever is qreát!~.~~ª~!~e nearest public st~e_Pfuãd riaht- of-way. public Dark or Dlavqround. D(jDli~ÌÎòj¡ivate school (primarv or secondary educational facility ). habitable reside~~i~~sfÆJ~ìmfe~~ any area zoned for residential or commercial uses. For the DUrDos~~f th~1!,1!þra[)h this restriction shall aPDlv to all properties reqardless of DoliticaI60undarv:\;i~' £J QJ the right to require that any new towers be designed as a camouflage ications service provider shall establish a cash security fund, bond or provide the revocable letter of credit. or other from of seGurih !lcceot!lble to the CounÌ"t Attorney. mount, ta secure the cost of removing an antenna, antenna array, or tower that has mined to be abandoned under Section 7.1 0.23(P), in the event the owner fails to comply e provisions of Section 7.10.23(P). The amount of the cash security fund.. or-Ietter of credit.. ---------~~dI~isf~ad~tioo--------- GI:;¡:ikc 'f'hrotLgh is for deletion Double Underline or Gl:;dkc OtLt /Redline is change from 03/02/99 Bee meeting Ordinance #99-002d Draft #4 Page 9 PRINT DATE: 03/03/99 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29 28 29 30 31 32 33 34 35 36 37 38 .......--------------..... ~ ~ ~~~~ :e~ :::~~:~~p~~~ :~o~~~.=~~. a~~~~o~st~ b~ provided fßr each tower 1 2 3 4 .L 5 2. L. SEPARATION for each commercial telecommunication tower and the initial set of antenna or antenna array for each co-located telecommunication providers antenna or antenna array $15.000 Paragraph G through K - The following separation requirements shall apply building permit is required: 1 . Separation from off-site/designated a. Tower separation shall oft-site and/or desig provided in Table 7.ø· . he tower to the lot line of the ble 7-40, except as otherwise b. II comply with the minimum standards 750 feet or 100% of tower height, whichever is greater _ 500 feet or 100% of tower height, whichever is greater 20% of tower height, zoning setback or fall radius, whichever is greater The Community Development Director may approve variances from the separation requirements to habitable residential structures, and to vacant residentially zoned land, provided that no variance shall permit a separation distance of less than 300 ---------~~rtTMisf~~d~ti~--------- l3trikl. 'fhrottgh is for deletion Double Underline orStriltl. OtLt /Redline is change from 03/02/99 BCC meeting Ordinance #99-002d Draft #4 Page 10 PRINT DATE: 03/03/99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 '-" '...I feet. The Community Development Director shall not approve a variance except upon specific written findings of fact based directly upon the particular facts submitted to him showing that: 1. A literal interpretation of the provisions of Taple 7-4 applicant in violation with FCC coverage requ· 2. The granting of the variance surrounding properties, and injurious to 3. The variance is the minimu use of the land, building, a 4. The variance requested aris to the land involved and that not by the actions of the prp d. The Board of Adjustment may to habitable residential str meets all M. will have some type of associated electronic er. Depending on the type oftower being erected, , In addition to the other general provisions of the code. 1 & 2 - No changes shall comply with the following requirements: orage facilities shall not exceed an aaareQate total of 1,500 square feet elecommunications tower site. pmenUstorage facilities shall comply with the minimum building setback dards of the zoning district in which they are located. This requirement maybe dified by the County Community De"ýelooment Director Board of Adjustment to encourage co-location. All equipmenUstorage facilities shall be screened in accordance with the general requirements of Section 7.09.00. ---------u~eclIMisf~ad~tioo--------- £3trikc Through is for deletion Double Underline or· £3tri]cc Ot1t /Redline is change from 03/02/99 Bee meeting Ordinance #99-002d Draft #4 Page 11 PRINT DATE: 03/03/99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 - '-' ...." Paragraph 4 - No Changes Paragraph N & 0 - No Changes P. PREEXISTING TELECOMMUNICATIONS TOWERS. Any permitted existing telecommunications tower erected before 2. 1997 shall be allowed to continue usages which existed this da tower and its support facilities is allowed to continue. istin standards of this section shall not be required to meet standar proposed for replacement. At the time any existing ~ mmuni replaced or substantially improved, then the requiren:î~í')ts of thi 11.05.06 VEGETATION REMOVAL PE F. VIOLATIONS If the Community Development Dire terms or conditions of an issued Director may issue a Stop Wor for appropriate review and e evelopment activity violates the r the provisions of this Code, the ite in question and process the violation h Section 11.13.er 03 of this Code. e only to unincorporated areas of St. Lucie County, County thereof, in conflict with this ordinance are hereby superseded flict. e is for any reason held or declared to be unconstitutional, inoperative, or t affect the remaining portions of this ordinance. If this ordinance or any held to be inapplicable to any person, property, or circumstance, such holding icability to any other person, property, or circumstance. ---------~~clIMisf~ad~tioo--------- CltrikG 'i'hrot1gn. is for deletion Double Underline or Clti:iItG Ðt1t /Redline is change from 03/02/99 Bee meeting Ordinance #99-002d Draft #4 Page 12 PRINT DATE: 03/03/99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 '-' ....,.¡ PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this Administrative Code and Laws, Department of State, The Capitol, Bureau of PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Departm PART G. ADOPTION. After motion and second, the vote on this ordinance was as fòllows: Chairman Paula A. Lewis Vice Chairman John Bruhn xxx ted in the St. Lucie County Code and Compiled Laws, and n", "article", or other appropriate word, and the sections of red to accomplish such intention; provided, however, that xxth day of xxxxx, 1999 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN ---------~~rtIœisf~ãd~tio~-------- ß~J:ikc. Through is for deletion Double Underline or.ß~.ikc. et1~JRedline is change from 03/02/99 Bee meeting Ordinance #99-002d Draft #4 Page 13 PRINT DATE: 03/03/99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 '-' """ APPROVED AS TO FORM AND CORRECTNESS: ---------~~dTMisf~ãd~tio~-------- Gt:tik~ 'Fh:tðttgh is for deletion Double Underline or Gt.ikc Ottt /Redline is change from 03/02/99 BCC meeting Ordinance #99-002d Draft #4 Page 14 PRINT DATE: 03/03/99 ......., ....".¡ PUBLIC HEARING ORDINANCE 99-002 FILE NO. ORD-99-002 Chainnan Wesloski convened the Board as the Local Planning Agency. Mr. Dennis Murphy presented staff comments. Mr. Murphy referenced Draft Ordinance 99-002 (a spin-off from Draft Ordinance 99-001 reviewed by this Board several months ago, which was are-numbering of Draft Ordinance 98-016). Mr. Murphy stated that the specific amendments contained in Draft Ordinance 99-002 deal with three areas, two related to each other and one unrelated. The two related areas deal with access for commercial and zoning district boundaries and the other area deals with telecommunications towers. Mr. Murphy stated that he would go through each section briefly and then allow the Chainnan to open the hearing for public comment. Mr. Murphy stated that staff is proposing a change to Section 7.05.05, that did not make the final production drafts, and provided copies to each of the Board members. Section 7.05.05(A) should read as follows, the underline text is for addition: No residentially claf;sified street or zoned property, excluding arterial or major collector roadways, shall be used for driveway, walkway, or any other access purpose to any non- residentially zoned land, or to any land used for a purpose not pennitted in a residentially zoned district except as provided for in Paragraph R below. Mr. Murphy asked the Board if they had any questions regarding Section 7.05.05. Ms. Dreyer asked Mr. Murphy to clarify Section 7.05.05(B)(2). Mr. Murphy stated that the intent of Section 7.05.05(B)(2) is that the applicant has satisfied the standards of review as established by the County Commission in that the dominant use of the property within the area of the proposed driveway connection, to the proposed or existing use is vacant or otherwise occupied by non-residential uses. For example, when you look at the area surrounding the proposed driveway connection, it is either (1) vacant or (2) the dominant uses in the area are non-residential in nature. Ms. Dreyer asked Mr. Murphy if he is speaking of the area surrounding the proposed driveway location access connection point. Mr. Murphy stated yes to the area surrounding the proposed driveway location access connection point, but not the use itself, the concern is not what's happening on the property. The North Planning & Zoning Commission! Local Planning Agency January 21,1999 Page 7 '-' "'-" Hutchinson Island Mini-Storage site plé1!l that. has caused so much concern in the past, IS administratively dead because of the failure to proceed on the part of the applicant. Mr. Murphy stated that if someone chose to apply for a warehouse operation on that property right now, they would have to go back to ground zero and start all over again. They would have to comply with all current county standards, including access, which would not be off Marina Drive, and they would have to go through the conditional use process, which is the level of extra scrutiny that had been requested from the beginning. Prior to this time, the county did not have this ability, now if someone wants to come in with that use on the property, at least the opportunity is present. Mr. Grande asked Mr. Murphy if we have existing properties that are zoned non-residential that are not accessible other than through residentially zoned areas, if we consider streets as part of the areas prior to this change, are we looking for some relief for the owners ór builders of those non- residentially properties so that they can have access, or are we not going to assume that the zonings are erroneous or incorrect. Mr. Murphy stated that at this time staff is not going to assume that the zonings are erroneous or incorrect. Mr. Grande stated that if the Board approves the changes as proposed by staff, we are guaranteeing the property rights of the properties that may have been zoned incorrectly or may be sitting with an old zoning that has not been updated and should have been. Mr. Murphy stated that we are guaranteeing the rights ofthe property owner to at least make their best pitch, should it be necessary to do so. The exception provisions if approved are very strict, wherein you have to demonstrate you have no other way to access your property and that it was through no fault of your own. Mr. Grande asked Mr. Murphy how many properties are located in the county, other than the North Hutchinson Island property, that would cause the county to take this corrective action, which really grants property rights which may be very dangerous. Mr. Murphy stated that the county has enough existing uses that are potentially being placed in precarious positions should the continued interpretation as rendered be that roads are considered to be zoned residential, therefore you cannot use them for access, because of the way the existing zoning lines are in the various parts of the county. He does not foresee a great flood of uses coming in right now and he does not foresee commercial or other types of intense development in the middle of areas like Lakewood Park or Indian River Estates. Mr. Murphy stated this really applies to the church and park type uses, which are by definition, non- residential and may be in residential areas, and by statutes the county is required to provide for these uses. He does not see this change as opening up the gates. The county cannot blanketly state you cannot do it, without having a relief mechanism available, otherwise they could be setting themselves up for various types of litigation. Planning & Zoning Commission! Local Planning Agency January 21, 1999 Page 8 ~ ....., Mr. Grande stated that if the county has the ability to look at parks and churches on ~ case by case basis using the variance or conditional use as the solution, by incorporating these changes into the code, the county be giving property owners with improperly zoned parcels property rights that they shouldn't have. This would put the county in a position where they will not be able to stop the property owners in the future from using access they shouldn't be able to use, only because the property was poorly zoned to start with. Mr. Murphy stated that the method to address that specific issue would be to review the entire zoning structure of the county. He stated that denying this change would not cure the problem, it would only delay the issue until a property owner is denied and brings it forward in a court of law. Mr. Grande stated that it would come up case by case. Mr. Murphy stated that it would come up case by case and in a very painful and expensive manner. He stated that if you want to evaluate the zoning applications across the board, there is an opportunity to some degree to do that relative to the comprehensive plan updates. He would caution the Board that there are property right components that we must be cognizant of, there should be compelling reasons to change from one use to another is very complicated. Mr. Moore stated that he would like to make a point for the edification of the Board and for the residents present tonight. The last time this Board visited this issue, he adopted Mr. Killday's suggestion for modifying the proposed ordinance. When he saw that it hadn't been done, he spoke with Mr. Murphy and he believes it is important for the Board and the audience to hear why that was not adopted. Mr. Moore stated that Mr. Killday offered proposed language that may have worked better than the language provided by staff and it seemed like a good compromise for the people that were concerned about the North Hutchinson Island Mini-Storage and for the instances staff raised that night. He stated that Mr. Murphy told him the reason the proposed language was not adopted into tonight's draft was because there were other instances that weren't just potential for negative litigation, but there are parcels of land present today that are not improperly zoned and in commercial areas and there is no way for the property owners to use that land given Mr. Killday's proposed language. Mr. Moore stated that if staff feels it is necessary to talk about those instances that exist today, he thinks the Board and the audience should listen to why Mr. Killday's language would not work. Mr. Murphy stated that there will be situations where the configuration of the parcel, the condition or requirements of the adjacent collector roadway would preclude or otherwise prevent a driveway connection to that roadway. You then have a parcel that cannot have access to it. Mr. Murphy stated that an example of this could be Ridge Haven Road and North U.S. 1. where you have commercial zoning fronting onto U.S. 1 and the lots carry all the way back through to Ridge Haven Road. Ridge Haven for all practical purposes is a residential street. It may not be possible to have a driveway connection at the comer lots due to the access management criteria with DOT. Planning & Zoning Commission! Local Planning Agency January 21,1999 Page 9 '- -.J Today there are connections, but the moment you go to improve the property you must meet all current DOT standards and that will have a ñegative impact. Mr. Murphy stated that in this situations you at least want to have the opportunity to explore a safer design that would allow some encroachment back onto the street. The standards outlined in these change staff believes are in this vein. The burden of proof and responsibility remains on the property owner, it is not the county's responsibility to prove that the property owner cannot get to their property . Mr. Murphy stated that other examples could include Beach Club Colony, where a string of old duplexes were converted into businesses years ago. They are double frontage lots and the businesses have constantly wanted to use the back ~oor approaches to get in. Legally they can't do it. It's a constant war to come in and prevent it. In some instances, in general, there may be no alternative. Mr. Trias stated that he is not familiar with the background of the North Hutchinson Island Mini- Storage project. He can understand in some cases there is a real problem with access to property. He is a little concerned about applying this concept generally throughout the county as proposed in the draft ordinance. Mr. Trias asked Mr. Murphy what happens with the pattern when you have a grid of streets with a variety of uses, such as an older neighborhood in Fort Pierce, when someone wants to create new construction. What is the affect of having a residential street that actually takes· you to a commercial area. How would this apply in the county. Mr. Murphy stated that if you are coming from the residential area into the commercial areas, with commercial on both sides, there is no affect. Mr. Trias asked Mr. Murphy what if you have a commercial establishment in the middle of your residential area. Mr. Murphy stated it kills it. - Mr. Trias asked Mr. Murphy why would that be a good thing. Mr. Murphy stated that the way the Code is written and interpreted right now, it would kill it. This mechanism assuming you have the commercial zoning and the other criteria, would at least allow for it to be considered. With the recent interpretation that has been carried forward, it would run counter to the concepts of new and traditional and integrated land use, straight-up, you can't do it. He stated that the Board needs to decide if this is good or bad. To not be able to integrate your uses in an urban environment such as Fort Pierce. Mr. Trias stated that in his opinion, there may be a better tool to address some of the issues and specific concerns that apparently brought this about, than changing the overall definition of streets in the county. Planning & Zoning Conunissionl Local Planning Agency January 21,1999 Page 10 \.w "" Ms. Dreyer asked if this could possibly lead to the tail wagging the dog if you have a small . commercial parcel with no other access than through a residential street located in an undeveloped area. Would that not then be an impetus for the neighboring properties to request commercial zoning since you now have a commercial constructed use and a road leading to it. Mr. Murphy stated that no more than it would if you had the frontage off of the arterial or the collector. Ms. Dreyer stated this is where we would typically place commercial. Mr. Murphy stated that this would really only apply in a comer lot situation. He cannot see the County Commission sanctioning the introduction of a commercial use, distinguishing commercial specifically, into an established residential area knowing that it would result in a domino effect of applications for converted uses for that activity. Chairman Wesloski stated that her understanding is that a request for a change in zoning would not be able to move fOlWard because roads currently having zoning. This draft ordinance will allow the request for a change in zoning go fOlWard through the process, providing it meets all of the criteria, including the public hearing process. Mr. Murphy stated that if a private property owner wishes to make use of this property and could not otherwise meet the regulations as set forth in the code. The components in Paragraph B provide a relief mechanism the property owner can take advantage of. This is no guarantee. It provides an available mechanism for the property owner to use. The county's defense will then be, it was made available, if for whatever reasons coming forth through the review process it is determined to be totally inappropriate. It puts the county in a better position to defend our actions, rather than being accused of being arbitrary and capricious. Chairman Wesloski asked Mr. Murphy if the warehouse on the beach were to come fOlWard, would they be under the new regulations. Mr. Murphy stated that they would be under the new regulations and would require a conditional use approval. Chairman Wesloski asked Mr. Murphy if during a prior meeting he used the example of a property on Old Dixie Highway. Mr. Murphy stated that was the zoning petition of the Baptist Church. Chairman Wesloski asked Mr. Murphy ifthat road is zoned residential. Mr. Murphy stated yes it is zoned residential. Chairman Wesloski stated that the majority of the properties in that area are commercial. Planning & Zoning Commission! Local Planning Agency January 21, 1999 Page II .... ....¡ Mr. Murphy stated that non-residential land use designations are in that area, but. Qld Dixie Highway was classified for residential uses. Chairman Wesloski stated that we all know what goes up and down that road. Chairman Wesloski asked Mr. Murphy if trucks can travel on a residential road. Mr. Murphy stated yes. He stated that he believes the amendments outlined in this draft address that point. Chairman Wesloski stated that Old Dixie Highway would no longer be considered residential. Mr. Murphy stated that it would be an arterial collector roadway so the provisions of access contained herein would not apply in that particular instance. He stated this draft ordinance could be approved in the most rigid form possible that might state ''we cannot access commercial or industrial property from anything but an arterial collector roadway" and there could possibly be that one flukey situation where this would still not fit. Mr. Murphy stated that we have to choose our words carefully because we have situations where we have a commercial local street. For example, Fort Pierce Business Park, off of Selvitz Road, technically the street entering this park is a local street. Weare in no way stating that you cannot access that local street because there is industrial on both sides and all around it. He stated that residentially zoned local streets are those with the predominant use on both sides are residential in nature. Chairman Wesloski asked if there are any more questions for Mr. Murphy. Mr. Merritt asked Mr. Murphy if the North Hutchinson Island Mini-Storage property was zoned when the land use designations were put into affect. Mr. Murphy stated that particular parcel has had a commercial classification as far back as the late 1960's early 1970's. It has had different degrees of commercial and different classifications, but it has had a non-residential use. Non-residential is a broad heading, it covers churches, schools, parks, low intensity commercial, moderate intensity, high intensity, industrial and landfills. Mr. Merritt asked Mr. Murphy if there are a lot of other properties that carry the zoning through, before the land use program was adopted in 1984. Mr. Murphy stated that is correct. He stated that there were uses in 1984 and again in 1990 (when changes were made to the code) that were subject to new zoning categories. The use that may have been permitted in the previous category no longer worked and had to go to the nearest compatible, and churches are a good example. Mr. Merritt stated that if we do not provide some method of relief, we are opening up the county for lawsuits. Planning & Zoning Commission! Local Planning Agency January 21, 1999 Page 12 'w' ,.." Mr. Murphy stated that he is not an attorney. He believes the county is opening themselves up to a potential problem in the way of access and damages regarding the denied use of property and/or restricted use of property. Mr. Murphy outlined the changes being made to Section 2.00.00 and Section 7.10.23. He stated that in Section 7. 1 0.23 (A) the underlined language should have been eliminated and the struck through portion should have been left in. He stated that he believes the remaining changes are minor in nature. He stated that the landscaping and aesthetics requirements have been strengthened around telecommunications towers. Mr. Murphy stated that a problem has recently come up on pennitted use towers. He referred the Board to Section 7.1O.23(E)(3). He stated that a few tower providers have come into areas that are zoned industrial or agricultural, which are a permitted use of right. One specifically was surrounded by five or six tire mounds and two out in the middle of groves. He stated that landscaping is required around the tower base. The towers in these particular instances are not anywhere close too or visible from a roadway, at base level. In the case of the industrial location, it does not make sense to go into the middle of a tire chip dump and put in trees that will not live. Mr. Murphy stated that staff proposes to allow the Community Development Director discretion to waive the landscaping requirements provided the substandard requirements are complied with and screening is provided at the base level. The requirements of the base level would require an opaque screening around the base of the tower. Mr. Murphy stated that in the case of the groves, ornamental landscaping in the middle of a productive agricultural environment will do nasty things to citrus trees, so you would not want to put landscaping there, you already have grove trees that will shield the base. Mr. Murphy stated the intention of Section 7.1O.23(E)(3) is to provide some ability for the Community Development Director on a case-by-case basis to review the development plans and provide for some relief in those instances. Mr. Murphy stated that the county encourages co-location of services providers and requires a $15,000 removal bond. He stated that the Security Fund, Section 7.10.23(F), does not distinguish between co-located providers. He stated that the county had a problem (which we are attempting to address here) where a provider wanted to co-locate onto an existing tower. The provider was told $15,000 (in addition to the $15,000 that the county was already holding for the tower) they raised the question why. This is a legitimate question. Mr. Murphy stated that staffis proposing if you are co-locating onto an existing tower the fee will be $3,000 which should be sufficient to remove the antenna. He stated that based on economics, he believes this will encourage co-locating rather than building from scratch. Mr. Murphy asked the Board if they had any questions. Planning & Zoning Commission! Local Planning Agency January 21,1999 Page 13 - '-' 'wi Mr. Merritt stated that to charge $3,000 fºr co-location seems to punish a co-location instead of encouraging. Mr. Merritt asked Mr. Murphy if the security fund of$15,00o-iS-Ilot enough on the original tower. He stated that he has seen leases on towers that have had up to 12 co-locations. He.. stated that he does not have a problem with the $3,000 but he feels the co-locator may have a problem with it. Mr. Merritt asked Mr. Murphy what it costs to take down a tower and why are we discouraging the co-location with a $3,000 fee. Mr. Murphy stated that he does not believe we are discouraging the co-location, he believes we are encouraging the co-location. Ifthe applicant does not co-locate they would have to write a check for $15,000, right now they only have to write a check for $3,000. A year and a half ago, the County Commission determined that it was appropriate to require a bond to ensure that the tower would be taken care of and/or removed should it be necessary. Consistent with that, the recommendation was made that $3,000 was reasonable for a co-located antenna or antenna array. Mr. Merritt asked Mr. Murphy what would be the cost to take a tower down. Mr. Murphy stated that he cannot give a precise amount. Mr. Merritt stated that we do not even know if the $15,000 would cover the cost oftaking it down. Mr. Murphy stated that it would depend on the type of tower. A monopole or guyed tower would be cheaper to take down than a self-supporting tower, due to the amount of time involved in removing the tower. It would also depend on the complexity of where it is located, and how you access the property. Mr. Merritt stated that he has a problem with the cost of$3,000 for removing a co-located antenna, he would like to see that changed and encourage co-location. Chainnan Wesloski asked if there were any more questions for Mr. Murphy. Mr. Lounds asked Mr. Murphy how many applications per year are received for co-location, and are they increasing. Mr. Murphy stated that he does not have an exact number. Mr. Lounds asked Mr. Murphy if the county would rather see them co-locate then to apply for separate towers. Mr. Murphy stated absolutely. Mr. Lounds asked Mr. Murphy if the $3,000 would cover the cost of hiring someone to take that specific antenna and co-axial cable off of that particular tower. Mr. Murphy stated yes ifit were necessary. Planning & Zoning Commission! Local Planning Agency January 21,1999 Page 14 -- ~ '-" ....,..¡ Mr. Lounds asked Mr. Murphy why this is not left up to the tower owner.. - Mr. Murphy stated that it could be. The county could put the burden of responsibility on the owner of the tower. The present structure of the code is that, if you want to co-locate a facility, in addition to the $15,000 paid by the original tower owner, the co-locator would have to pay $15,000. This change is an attempt to change what staff felt was a contradictory action on the part of the county. For instance, on one hand we want you to co-locate and on the other hand we are going to charge you $15,000 to place the co-locate. Mr. Lounds stated that he understands and agrees with the intent. He stated that he agrees with Mr. Merritt wherein the county would rather have people co-exist on a tower than build more towers. He stated that $3,000 for a radio station may not be a lot of money, if it were a small business that needed that antenna, height and location $3,000 may make a decision for them. Chairman Wesloski stated the Board will have a public hearing on each section and vote on each section, during this time we can get into the specifics. Mr. Murphy stated that staff recommends approval of Draft Ordinance 99-002 as amended with Section 7.05.05(A) as presented tonight. Chairman Wesloski stated that the North Hutchinson Island Mini-Storage is no longer a viable project. Chairman Wesloski asked the Board if there were any specific questions of staff regarding Section 1.06.02 and 7.05.05. At this time, Chairman Wesloski opened the public hearing on Sections 1.06.02 and 7.05.05. Chairman Wesloski asked if there was anyone who would like to speak on Sections 1.06.02 and 7.05.05. Chainnan Wesloski requested that Mr. Killday's hand-out be made a part of the record. Mr. Brian Killday, 923 Jackson Way, Fort Pierce, addressed the Board. Mr. Killday stated that he is speaking tonight on behalf of the Conservation Alliance of St. Lucie County. Mr. Killday read into the record as follows: Dear Commissioners: I hereby submit to the record the position of the St. Lucie County Conservation Alliance with respect to Draft Ordinance 99-002. We have concerns with certain provisions of this proposed ordinance as stated below: 1.06.02 DISTRICT BOUNDARIES Planning & Zoning CommissionJ January 21, 1999 Local Planning Agency Page 15 - - '-" 'wi 7.05.05 USE OF RESIDENTIAL PROPERTY FOR ACCESS The proposed amendments to these sections, as written, clearl)l violate the intent of the Land Development Code and are inconsistent with the County Comprehensive Plan. Section 1.06.02 (page 3) clearly states that, where indicated on the zoning map, the zoning district boundaries are the center lines of the streets and roads. If the intention had been to exclude the streets from the zoning regulations, the zoning atlas boundaries would have been drawn as such. He stated that if streets were intended to be excluded it would have been drawn along the property lines. It is very clear that in the situations were it was intended to be excluded it would not be drawn along the center of the streets. These amendments, as written, directly violate Policy 1.1.8.4 of the Comprehensive Plan. The Land Development Code must be in confonnitý with Objective 1.1.8 which states: The protection of the single family neighborhood as a defined residential area from the encroachment of commercial and/or other inappropriate land uses will be provided for through the Land Development Regulations. He stated that Policy 1.1.8.4 requires that any commercial/non-residential use in residential areas must meet the following standards: 2) The property for which the commercial designation is sought is located on an arterial or major collector; and 5) The site does not have direct driveway access onto any local or minor collector street. Policy 1.1.8.4 does not allow for exemptions of this rule. Mr. Killday stated that their suggestions for remedying the problems brought forth, churches and commercial uses in the middle, most of these are on major collector or arterial streets. Mr. Killday stated that there is no needed to amend the definition of Section 1.06.02, it is very clearly written as it was intended to be. Martin County has the same provisions as St. Lucie County as it's presently written. If we change the code to read "no resid~ntially zoned property excluding arterial or major collector street or roadnghts-of-way, shall be used for driveway, walkway, or any other access purpose to any other non-residentially zoned land, or to any land used for a purpose not pennitted in a residentially zoned district" then it will be consistent with the Comprehensive Plan. The way it is written is not. Mr. Killday stated that we have a beautiful county with well-written Comprehensive Plan and Land Development Code provisions that allow for reasonable development. The proposed amendments cited would only serve to degrade our property values and quality of life. In addition, these amendments are inconsistent with the St. Lucie County Comprehensive Plan and in violation of Section 163, Florida Statutes, and can be appealed to the Department of Community Affairs pursuant to this statute. Planning & Zoning Commission! Local Planning Agency January 21,1999 Page 16 - - ~ "'" Mr. Killday stated that the Land Development Code as presently written has a legally defensible position against takings lawsuits. It is written in the Land Development Code that if someone had - - a problem they could have come out when the Land Development Code was being written and challenged it through the Department of Community Affairs. He stated that now there would certainly be an argument that they are being estoppel from arguing. If Draft Ordinance 99-002 is adopted and the property owner can prove they do not have access to a major collector street, the county no longer has a choice, the county must allow access through the neighborhood to their property. The County Commission would then be forced to approve the access because it is written in the Land Development Code and the property owner can sue on a takings clause if you do not allow it. Mr. Killday stated that Section 11.06.01 outlines the purpose of this section is to provide for a means for amending the text of the Comprehensive Plan, the Land Development Code or the Official Zoning Atlas. Section 11.06.03, Standards of Review, in reviewing the application of a proposed amendment to the text of the Land Development Code, the Board of County Commissioners and the Planning and Zoning Commission shall consider: . Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan. These amendments clearly violate the spirit, the intent and clearly the letter of the Comp Plan. . Whether and the extent to which the proposed amendment would adversely affected the property value in the area. We have the same amenities as Martin and Indian River Counties yet property values here in St. Lucie County are much lower for equivalent houses. Why move to St. Lucie County and buy a $250,000 water-front home, when all at once the Land Development Code can be changed and you have trucks accessing a storage warehouse or whatever may come forward, perhaps a pawn shop. Your home is suddenly worth $100,000 less than you paid for it, if you can find a buyer. Why not move to Stuart where they prohibit commercial access on residential streets, they have safe-guards in their code that we have in our Code. So why should we change our Land Development Code to be sub-standard to the surrounding counties. , . Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and interest of this Code. The citizens here are opposed to these amendments. Where are those who are in favor of this. Who ask the County Planners to changes these Codes and why are they not here stating their public interest. Where are the potential litigants. Mr. Killday stated that he urges someone to make a motion to reject this and to listen to the people. Chainnan Wesloski requested that Ms. Spalding's hand-out be made a part of the record. Ms. Nancy Spalding, 211 Marina Drive, Fort Pierce, addressed the Board. Ms. Spalding stated that Planning & Zoning Commission! Local Planning Agency January 21,1999 Page 17 '-" ....., the warehouse proposed for North Hutchinson Island withdrew their application because the Land Development Code does.noLpermit it. As soon as the new code is implemented, she believes they will be back in to re-apply. Ms. Spalding stated that in 1958 the land in question was to have been developed as a yacht club and this is why it was made commercial. Ms. Spalding stated that Section 1.06.00 as written, specifically permits warehouses. She stated that Section 7.05.05 is completely contradictory. She stated that the change made by Mr. Murphy tonight regarding Section 7.05.05(A) incorporates the changes she is suggesting in her hand-out as Section 7.05.05(C) and asked Mr. Murphy ifthis is correct. Mr. Murphy stated that it is a redundant sentence and it doesn't undermine anything, in his opinion. Ms. Spalding stated that if Section 7.05.05(B) stands as is, definitely the warehouse as it was proposed could go in there because it states that "the dominant use of property within the area of the proposed driveway". If they put the driveway on Flotilla Terrace instead of Marina Drive, the property just east of Flotilla Terrace is commercial and that would be permitted. The residents would still be left with a warehouse in a residential area. Ms. Spalding stated that she just can't understand, July was the first time the code changes were proposed, and since then conversations have been held with staff, including a public meeting where it was explained what the residents want, but they don't seem to get it, they seem to want a warehouse on this property. Chairman Wesloski stated that Draft Ordinance 99-002 is not for the warehouse, it is for the whole county. Ms. Spalding stated that no matter what staff proposes always permits the warehouse to go on that particular parcel. Chairman Wesloski stated that she would !Jot say that it would permit it, it might give it the opportunity to request to be permitted, but that does not mean it would be permitted. Ms. Spalding stated that she believes it would be impossible, given this wording, for the County Commission to turn it down. She stated that staff if very concerned about the hardship for the property owner but not about the hardship for the residents. Mr. Murphy stated that it is important to remember the third word in Section 7.05.05(B): Except as ~ be specifically authorized. This is not a mandatory action, it is a permissive or subjective type action. The Board of County Commissioners has the ability through the review process to turn it down. Mr. Murphy stated that staffis cognizant of what happens to each individual property as well as the Planning & Zoning Commission! Local Planning Agency January 21, 1999 Page 18 ~ '-' '-' impacts on the surrounding area. Chairman Wesloski stated that each property owner has the ability to ask. . Mr. Murphy stated that this simply provides a mechanism. It is not a guarantee, you have to meet the standards. It does not guarantee approval. Chairman Wesloski asked Mr. Murphy if the applicant does not meet the standards would they still go forward through the hearing process. Mr. Murphy stated yes, staff does not have the ability to administratively deny. Chairman Wesloski stated that a property owner in the County would nave the ability to have a forum to bring forth their request. Mr. Murphy stated yes. Mr. Grande stated that if this Board does not make any changes at all, property owners who are affected havè the right to come forward to ask for relief at the County Commission level. The County would only be exposing themselves if the property owners are unsatisfied with the relief at the County Commission level. If this Board makes these corrections we are reversing the process and in affect giving the property owners the rights to expect relief. Mr. Murphy stated that presently there are no provisions. The property owner may come in, request a development plan or access rights to their property, be denied, and go to court. Draft Ordinance 99-002 at least attempts to provide an interim step. If a compelling reason is given, due to the particular circumstances associated with that case to the satisfaction of the County Commission, they may grant some level of relief. Mr. Grande stated that they may hope to exercise a right and put the County on the defensive. Mr. Murphy stated that he does not see it that way. Chairman Wesloski requested that Mr. Doran's hand-out be made a part of the record. Mr. John Doran, 3300 North AlA, Fort Pierce, addressed the Board. Mr. Doran stated that he serves as the Director of the North Beach Homeowners Association. He stated that in the summer of 1998 the St. Lucie County Planning Department proposed a number of changes to the St. Lucie County Comprehensive Plan. There were strong objections to the changes proposed in 1.06.02 and 7.05.05. This Commission instructed the Planning Department to hold a "workshop" to listen to and then, hopefully, adjust the proposed language. The "workshop" was held, however, our Association felt we were not listened to. In November of 1998 the proposed changes were again before this Commission. Again, this Planning & Zoning Commission! Local Planning Agency January 21, 1999 Page 19 - '-" 'wi Commission sent the proposal back to the Planning Department and suggested a re-write. Our Asso.ciation even suggested acceptable language for Section 7.05.05. Again, we feel, we have been ignored by the Plannin~epartment. We ask that Ordinance 99-002 be rejected in totality. Please look at page two of my presentation. This is the language of7.05.05 as it is today. You will note that it was adopted in August of 1990. It was reviewed and passed without revision in August of 1996. One sentence, two lines. Now, please look at page three of my presentation which is 7.05.05 as revised by the Planning Department after the "workshop" in August 1998. It now has a total of thirteen lines. This was rejected by this Commission in November of 1998 and sent back to the Planning Department for a re-write. Now, let's look at page four which is the proposal that is before you tonight, without the revision provided by Mr. Murphy tonight. It is now thirty three lines long. Mr. Doran stated that do you, as an advisory board wonder why we citizens at times question our governmental units. South Beach has been driven to their current pursuit only because the County Planning Department overstepped its authority. Likewise, North Beach has spent over $17,000 in legal fees opposing the variances the Planning Department provided in an area called "Barts Bay". That is still before the Courts. Mr. Doran stated please listen to us, look closely at my presentation. Look at page two. Look what happened after the ''workshop'', the language expansion. Look what happened after this Commission sent it back for a consideration of a small re-write. Now you have a full page, thirty three lines of this proposed ordinance. We strongly urge this Commission to reject this entire proposal. Mr. Dick Spalding, 211 Marina Drive, Fort Pierce, addressed the Board. Mr. Spalding stated that he just wants to point out that the beach is our greatest asset. Presently the beach is a very high taxed area, compared to the rest of the County. The atmosphere and the ambiance are present and he would like to keep it that way. To build a warehouse on the beach does not seem like a very intelligent thing to do!o choice property to keep the pace of taxes that support the whole County. It does not make economic sense to the County, to allow a warehouse on the beach. Chainnan Wesloski asked if there was anyone else who would like to speak on Sections 1.06.02 and 7.05.05. Mr. Leslie Savino, 3207 South Lakeview Circle, Fort Pierce, addressed the Board. Mr. Savino stated that his property faces the street where the warehouse supposedly was going to be constructed. He stated that he has owned his property for four years, and purchased this property because he thought North Hutchinson Island was the most beautiful area he had seen in Florida. Mr. Savino stated that he can understand the Commission evaluating this area where residential streets are slowly being converted into commercial streets. Commercialism over-powers residential Planning & Zoning Commission! Local Planning Agency January 21, 1999 Page 20 - '-" 'wi areas, people move out, commercial properties move in, and it becomes a residential street. Mr. Savino-stated that on North Hutchinson Island the reverse is true, this is a residential area and there is no commercialism that could possibly find its way onto the Island unless we allow the areas that we have today already zoned commercial to be developed as commercial properties. He stated that he believes this property was mis-zoned originally. It is not a commercial area. Mr. Savino stated that he compliments members of the Commission who questioned this change. These changes are not applicable to everyone, only in some areas of the County, not North Hutchinson Island. He believes the County should leave it as is. Look at it on a case by case basis, leave the street zoning, and let each property owner fight for their position. Mr. Bill Heam, who resides in Indrio, addressed the Board. Mr. Heam stated that he concurs with the residents who have proceeded him tonight. He must point out, if the owner of this commercially zoned property, in the middle of a residential neighborhood, wanted to obtain the most value for his property, he could have the zoning changed to residential to conform with the other uses. He stated that in most cases, in a residential area like North Beach, the values for the residential property would equal the commercial property. Mr. Heam stated that he would like to suggest that the Board delete the following from Section 7.05.05(A) "excluding public or private street or road rights-of-way". Mr. Murphy stated that language has been deleted and referred Mr. Heam to the language shown on the overhead projector. Mr. Heam stated that he would like to suggest the following changes to Section 7.05.05(A): · change the last line in Section 7.05.05(A) to read "district, however. · include the two paragraph in Section 7.05.05(B) as part of paragraph Section 7.05.05(A). · after paragraph number 1 add the word "and". · after paragraph number 2 add the word "and". · Section 7.05.05(C) would then become Section 7.05.05(B). Mr. Heam stated that this is the only possible compromise. He stated that he would encourage the Board to leave the wording as is. Chairman Wesloski asked if there was anyone else who would like to speak on Sections 1.06.02 and 7.05.05. Planning & Zoning Commission! Local Planning Agency January 21, 1999 Page 21 - '-" 'wi Hearing no further arguments in favor of or in opposition to Sections 1.0~.92 and 7.05.05, Chairman Wesloski closed the public portion of the hearing. Chairman Wesloski asked what would be the pleasure ofthe Board. Mr. Grande stated that he cannot vote on these two sections. He does not feel staffhas corrected the problem. He does not see any risk to the County by leaving these sections as they are. If a potential risk to the County were present, he would like to see that risk defined by the County Attorney at a level the Board could understand. He cannot see any reason whatsoever to make the requested changes. Mr. Matthes stated that he disagrees with Mr. Grande. The Land Development Code is only a working document. When it was put together, it was not cast in stone. The Board was giving the ability to make changes to the Code as situations arise. He does not believe a warehouse or some commercial applications would be proper at the end of Marina Drive. Mr. Matthes believes that the Planning Department has come upon a legitimate concern, wherein some type of litigation could possibly happen if we do not allow for some type of a relief mechanism, for a different situation, to run its due course. He believes staff is trying to point out these situations and protect the County from litigation. Mr. Trias stated that he agrees with Mr. Killday's proposal because it seems to'address the fundamental issues of what a street is and what a lot is. Mr. Trias made a motion to reject the changes drafted by staff. Mr. Grande seconded the motion. Chairman Wesloski asked if there was any discussion. Mr. Lounds stated that he would like for Mr. Trias to explain whether or not he is asking for Mr. Killday's language be substituted for what staff presented. Mr. Trias stated that his motion is to reject the changes drafted by staff. Chairman Wesloski asked if there was any further discussion. Chairman Wesloski asked the Recording Secretary to call the roll. Upon roll call the motion was denied 6-3. Chairman Wesloski stated that she would entertain another motion. Mr. Lounds asked Mr. Murphy what differs from Mr. Killday's interpretation of Section 7.05.05(A) Planning & Zoning Commission/ Local Planning Agency January 21,1999 Page 22 - "-" .....,¡ and the language proposed by staff. Mr. Murphy stated that there is no difference other than staff has added an exception clause which refers you to paragraph B. The only difference in the lead-in language provided by Mr. Killday, excluding arterial or major collector street or road rights-of-way, from that provided by staff, is the word "street" versus "roadways". Mr. Lounds asked Mr. Murphy if the exception clause is to cover the County from a legal perspective. Mr. Murphy stated yes, in his opinion. Mr. Moore stated that the problem he has with the proposed changes are stafIhas infonned him there are instances in the community right now that are not on Hutchinson Island and are not on the Beach, where owners of commercial property cannot use their property. The example given by Mr. Heam is a great argument because if you are on the Beach, and you have a commercial piece of property, you are not going to lose any money because you can use the property in a residential manner. Mr. Moore stated that if we have instances that are not on the beach and the area has been zoned commercial for as long as the surrounding areas have been zoned residential, and the owner bought that piece of property, has been assessed and paid taxes on that piece of property at a commercial rate (which is higher than a residential rate), you have basically cut the owner offby saying that they cannot use their property. Mr. Moore stated that he disagrees with Mr. Killday's assertion that if a property owner has not challenged the language at this point, they are stopped from doing so. He does not believe this to be true. He stated aside from a legal challenge he believes there is an inherent unfairness. For example if a property owner states they are going to develop a commercial piece of property and the commercial property has existed as long as the residential, to say sorry you can't develop, that's what he sees as the problem. This is why he now tends to favor what staff has recommended as opposed to Mr. Killday's suggestion. Mr. Lounds stated that he agrees with Mr. Moore. He feels the plea of the residents. He stated to Ms. Spalding, Mr. Killday and Mr. Doran that he understands their feeling. He stated that he does not know what the ramifications are that the residents have to do in order to continue to protect their property, their property rights and their feelings. Mr. Lounds stated that every piece of property with similar circumstances has the same rights of protection and development as Ms. Spalding, Mr. Killday and Mr. Doran are trying to protect for their own. He stated it is very admirable the residents have brought these ideas forward and as a group are here to fight for it. He wished there were more public interest in the other areas the Board looks at. He does not know how you protect a glitch other than get out and fight for it. Mr. Lounds stated that the Draft Ordinance presented by staff is a clear example of working with Planning & Zoning CommissionJ Local Planning Agency January 21, 1999 Page 23 - '-" .....1 some of the original ideas brought forth months !lgo. IJe believes this is an attempt to correct the wrong in unc1arified rulings years ago, and in the future there will probably be more that will have to be done, whatever this Board decides on we will all have to live with. Mr. Grande stated that he would like to hear from the County Attorney's Office exactly what this will protect the County from. Mr. Lancaster stated that if the County denies property owners the right to develop their property it could cause litigation. He stated that Mr. Murphy is not attempting to state that it would be successful litigation. He stated that this is recognizing a problem and attempting to deal with it head on. He stated that this is an attempt by staff to make a compromise between the concerns of the residents present tonight, that there be no access, and the person who may have, a unique situation, that has to be dealt with. Mr. Grande asked Mr. Lancaster if this is approved can the specific case of the North Hutchinson Island Mini-Storage be brought back as it was originally proposed. Mr. Lancaster stated that the North Hutchinson Island Mini-Storage could come before the Board of County Commissioners and asked for an exception. He stated that Mr. Murphy has other issues that would also bear on that. Mr. Murphy stated that for the record the North Hutchinson Island Mini-Storage is dead. He stated the zoning on the property still remains. In the discussions earlier tonight, all have been centered around what could happen on the property. This could get approved tonight, and someone could come in tomorrow and propose to do another commercial use on that property. This could get denied tonight and someone could come in tomorrow and propose another commercial use on that property . He stated that if the driveway connections are run through the shopping center at the front end, there is not a thing in the world the County can do to stop it. This has not addressed the fundamental concerns of the neighborhood. You could have a restaurant or an expansion of the shopping center out there tomorrow and there is not a thing the access matters are going to do about it. They could still come through the property from AlA down through the shopping center ãnd into that area, all they have to do is secure the access rights through that property. He stated that if the fundamental concern on the North Hutchinson Island Mini-Storage case is that the zoning is wrong, then access is not the tool to control that. To stop it, you change the zoning. Chainnan Wesloski stated that the Board is not here to discuss that case. Mr. Murphy stated that is correct but in this one instance, it is not an access question, it is a fundamental zoning designation on the property. Mr. Trias stated that he agrees with Mr. Murphy. The issue is access not zoning. He stated that Planning & Zoning Commission! Local Planning Agency January 21,1999 Page 24 - ~ 'wi 7.05.05(B) and 7.05.05(C) are unclear. 7.05.05(A) seems to deal with the fundamental issue ofth~ confusion of, what is a lot and what a street is. He believes to complicate the issue as proposed is not necessary at this point. Ms. Dreyer stated that she applauds staff for bringing this problem to the Board and would like staff to continue to do so. She stated that she does not agree with this particular correction. It is not in violation of the Policies of the Comprehensive Plan that were cited. This is not a clear violation and this is a big stick to bring at a small problem for lawsuits that mayor may not happen, and she would not be in favor of this particular amendment. Chairman Wesloski stated that the exception would give property owners the right to come forward and present their issues at a forum and she believes everyone should be allowed to do this. Chainnan Wesloski stated that she would entertain a motion. Mr. Merritt made a motion to approve Sections 1.06.02 and 7.05.05. Mr. Lounds seconded the motion, and upon roll call the motion was approved 6-3 with Mr. Trias, Ms. Dreyer and Mr. Grande voting in opposition. Chainnan Wesloski stated that the Board will continue with Sections 2.00.00 and 7.10.23. Chainnan Wesloski asked if there were any questions for Mr. Murphy on Sections 2.00.00 and 7.10.23. Mr. Grande stated that he has a philosophical problem with the language contained in Section 7.10.23(E)(3) "the Community Development Director may consider" and in 7.10.23(L)(I)(c) "the Community Development Director may approve variances". He believes variances should be approved by the elected officials. If these variances are permitted, he would feel more comfortable if they were at the discretion of the County Commission. Chainnan Wesloski asked Mr. Murphy ifhe would like to comment on this. Mr. Murphy stated that the Land Development Code has two levels of variances. There are a series of administrative variances, which are minor in nature. The remaining variance provisions, typically, with very few exceptions, go to the Board of Adjustment. These are considered major, they require a public hearing and are dimensional with fundamental impacts on an area. Mr. Murphy stated that the County Commission in prior years determined they did not want the burden of a variance request for routine items. If the recommendation of this Board is that all variances be routed through to the appropriate Board (and in most cases it will be the Board of Adjustment) that's fine. He believes this will have a negative effect on development and permitting properties. Staffhas requested a number of times from a number of entities to liberalize the variance provisions to approve items at the staff level as opposed to going through the Board process. In prior Planning & Zoning Commission! Local Planning Agency January 21, 1999 Page 25 - \...f '....I years the Boards have b~e.n very receptive to minimizing time, constraints and other impacts on the use of property. This is really a philosophical position. - Mr. Grande stated that he did not mean this in a negative sense. His concern is that if we allow the administrative variance procedure, we would preclude the hearing process, wherein interested parties may want to have input. Chainnan Wesloski asked Mr. Murphy if staff has been instructed to handle the minor adjustments at the administrative level. Mr. Murphy stated yes and you are precluding being heard at the time the order is written. There is an appeal procedure for administrative variances ~d typically they go to either the County Administrator or the County Commission to arbitrate and make a detennination. Variances issued by the Board of Adjustment are appealed through the Circuit Court. Board of County Commission variances are also appealed through the Circuit Court. Chainnan Wesloski asked if there were any other questions for Mr. Murphy. Mr. Trias stated that he agrees with Mr. Murphy's proposal, and he would move for approval. Chainnan Wesloski stated to Mr. Trias that she had not opened the public hearing so she will not be able to consider his motion at this time. Chainnan Wesloski asked if there were any other questions for Mr. Murphy before she opens the public hearing. Mr. Lounds asked Mr. Murphy who would a land owner go to for arbitration regarding Section 7.10.23(E) if the Community Development Director said no. Mr. Murphy stated that the appeal route for administrative variances would be the County Administrator and then to the Board of County Commissioners. In this particular instance, it would be County Administrator and then Board of County Çommissioners. Mr. Lounds stated that several years ago the Fire District constructed a building on Shinn Road and the landscaping cost several thousand dollars more because the plants were required to come from a certified nematode free nursery. There were no provisions at that time for this and this would have eliminated the need for that. He stated that he believes this is a good provision. Chainnan Wesloski asked if there were any other questions for Mr. Murphy. Mr. McCurdy asked Mr. Murphy if a co-located antenna is simply an antenna and cable on an existing tower. Mr. Murphy stated that it could be. It could be an array or dish. Planning & Zoning Commission! Local Planning Agency January 21,1999 Page 26 - '--' -....I Mr. McCurdy stated that the $3,000 figure is prohibitive. He stated that $1,00_0 seems to be a more reasonable figure in his opinion. Mr. Murphy stated that the Board may change the $3,000 figure. At this time, Chairman Wesloski opened the public hearing on Sections 2.00.00 and 7.10.23. Mr. Heam, who resides in InOOo, addressed the Board. He asked Mr. Murphy if there are any towers that were approved for construction prior to September 19, 1997 that have not been built. Mr. Murphy stated none that he is aware of. Mr. Hearn stated that he has some suggested wording changes that would clarify the intent of the definition and the code and they are as follows: · on page 4, PRE-EXISTING TOWERS AND PRE-EXISTING ANTENNAS: he would like this paragraph to read "Any, permitted, existing tower or antenna constructed prior to September 19, 1997 (the effective date of Ordinance 97-023), excluding residential radio and television towers". He stated that he can see a very creative attorney telling someone who has a television antenna tower in their yard that it would qualify for a replacement for a larger tower that could hold a communications antenna. · on page 6, PURPOSE: he would like this paragraph to read "The purpose of this section is to establish regulations and requirements for siting of wireless telecommunications towers. All new towers or antennas in the County shall be subject to these regulations". · on page 7, GENERAL: he would like the third line of paragraph 1 to read "requirements of Section 7.10.23. Telecommunications towers may be located as a conditional". · on page 7, GENERAL: he would like the fourth line of paragraph 1 to read "use, subject to the requirements of Section 7.10.23 and Section 11.07.00, in all remaining zoning" . · on page 9, he would like the third line of paragraph b to read ''way, public park or playground, public or private school (K through 12), any habitable residential structure or any area". Mr. Heam stated that on page 10, Table 7-40, the CN, CO, CG, IX and I, have been added to make it easier to erect towers in areas other than where they are now permitted. Mr. Heam stated that he would like to comment on Section 7.1 0.23(L )(1)( c) wherein the Community Planning & Zoning Commission/ Local Planning Agency January 21, 1999 Page 27 ... .., \w. '-' D~velopment Director may approve variances. At some later date he would like to see the wording in paragraph c read "The Communityi)evelopment Director may approve variances up to 10% from the separation requirements.....". -He would like to see this change because of what happened last summer. The Community Development Director issued a variance down to 300 feet, when the requirement is 750 feet. He believes this is a major variance and should have been handled by the Board of Adjustment. . on page 11, the first sentence at the top, he would like to read "to habitable residential structures ofless than 300 feet provided the applicant meets all conditions of Section 7.10.23(L)(c). . on page 11, paragraph P, he would like the first sentence to read "Any pennitted existing telecoII1IÍ1unications tower erected before September 19, 1997 (date". Mr. Hearn stated that he hopes this Board will give careful consideration to these suggested changes. He has had close and personal relationships with problems that have occurred without this language. He believes this will clarify the ordinance and make it a little more difficult to place towers in areas that they are not pennitted in. Mr. Grande asked Mr. Hearn ifhe was suggesting that CN, CO, CG, IX and I be removed now from Table 7-40 or was he just making a comment. Mr. Hearn stated that he is suggesting that they be removed now because these are not permitted areas. Mr. Grande stated to Mr. Hearn in paragraph c on page 10 he recommended that staff add "up to 10" in the future. Mr. Grande asked Mr. Hearn if there was some reason why he was not recommending that this change be made tonight. Mr. Hearn stated that he does not have the ability to recommend this change tonight based on advertising constraints. Mr. Merritt asked Mr. Hearn why he wants to exclude IX. Mr. Hearn stated that IX is a temporary zoning classification. When the extraction is finished the property is rezoned to another zoning classification. A tower is not necessarily a temporary structure. Mr. Merritt stated that the property would have to go through a rezoning. If you have a property zoned IL or IH with a tower on it, you can still rezone it. Mr. Hearn stated that he does not feel a temporary zoning classification is the right place for a tower. He stated a good example would be the Stuart Sand Mind property. It would make a fantastic residential homesite for eight or ten beautiful homes on the lake. If a tower is present, not too many Planning & Zoning Commission! Local Planning Agency January 21,1999 Page 28 - -- - \w "'" people will want to build up scale homes. Chainnan Wesloski asked if there was anyone else who would like to speak on Sections 2.00.00 and 7.10.23. Hearing no further arguments in favor of or in opposition to Sections 2.00.00 and 7.10.23, Chairman Wesloski closed the public portion of the hearing. Mr. Grande asked Mr. Murphy ifhe has any objections to Mr. Hearn's suggested changes. Mr. Murphy stated he has concern regarding the suggested changes on: . page 9, paragraph b, adding the words "any habitable residential strÚcture". To the extent that this does not conflict with the items of Table 7-40 nor conflict with an agricultural environment, he does not believe this to be a problem. His major concern is really in the agricultural/grove areas. In this type of environment, domestic ornamentals, you are creating a problem for the agricultural operation itself which has a negative impact. By trying to minimize the impacts of one use you wind up hurting the primary industry in the County. . page 10, Table 7-40, CN, CO, CG, IX and I are not permitted uses of right, they have to be accessory to an existing commercial use on the property. They are subordinate to the commercial use on the property. It was felt the owner should not be penalized for placing a tower on their property. They know what they are getting into. If you have a house on the property, that is not an accessory security residence, meeting the criteria you can't take advantage of this exception, you have to meet the applicable standards for that particular use. Mr. Murphy stated that his recommendation would be to leave Table 7-40 as is. With a little work between now and the County Commission we can work on the appropriate language for page 9, paragraph b. Mr. Grande asked Mr. Murphy ifhe feels the proposed language for page 9, paragraph b, is a simple redundancy that may be a potential conflict with something that he does not recognize at this point. Mr. Murphy stated yes. Mr. Murphy stated that regarding the proposed language on page 4, PRE-EXISTING TOWERS AND PRE-EXISTING ANTENNAS, he is not aware of their being any towers that were previously approved prior to this date that have not been built. He will check. If there are none with lawful approval, no hann. If this are some with lawful approval, staff will need to address this. Chairman Wesloski stated that if someone would choose in their motion to pickup that wording, the Board would need to clarify that staff would need to check that. Planning & Zoning Commission! Local Planning Agency January 21, 1999 Page 29 , ~ "'" Mr. Murphy stated the comments are on record. As long as we are not creating an undue hardship on anyone, no problem. . If..an undue hardship exists, he will have to express that concern as it is this Board's ultimate recoh1mendation as to which way to go. Mr. Merritt asked Mr. Murphy if the existing antennas or miniature towers that are on the condominiums on the beach, are considered towers. Mr. Murphy stated yes. Mr. Merritt asked Mr. Murphy how are we going to differentiate those from the habitable structures. Mr. Murphy stated ~at you can put up a tower right next to a house if you want to, if you obtain the proper variances. Mr. Merritt stated that these are approved pre-existing towers. Mr. Murphy stated that someone could install an antenna right next to his house, provided the proper variance is obtained. The exclusionary language in this Draft Ordinance is for accessory security units only and for the particular zoning districts without having to go through the formal Board of Adjustment variance. Mr. Murphy stated that Section 7.10.23(L)(1)(d) on pages 10 and 11 is the variance provision that the Board of Adjustment will allow the tower to go up tomorrow. That would include, potentially, the construction or the erection of an antenna array and or communication system on top of a condominium. Mr. Grande asked Mr. Murphy if these towers would fall within the height overlay zones on the Island. Mr. Murphy stated yes. He further stated that there is no prohibition of having a multi-story building on the mainland. If you can meet separation standards and meet the requirements of the Land Development Cod~, you could put up a tower in the middle of Reserve. Chairman Wesloski asked what would be the pleasure of the Board. Mr. Lounds asked Mr. Hearn ifhe wanted to change anything in Table 7-40. Mr. Hearn stated that CN, CO, CG, IX and I zoning districts are not districts where towers are permitted uses. The additions of these zoning classifications to the exempted habitable residential structures that are accessory uses makes it easier to put towers where they are not permitted. For example, if you own a piece of property that is zoned CG with a habitable residential structure, that happens to be a security residences, and the person living in that structure works for you, they are not going to object. Planning & Zoning Commission! Local Planning Agency January 21,1999 Page 30 - - '-' 'wi Mr. Moore stated to Mr. Hearn that he_also has a problem on page 10 with the discretion that the Community Development Director would have. - Mr. Hearn stated that is something we can't deal with tonight. Mr. Moore stated that he understands we can't deal with this tonight. He asked Mr. Hearn if this is something that he does not agree with. Mr. Hearn stated that when you take the required 750 foot distance and one person who mayor may not live in our community, reduces it to 300 feet, that's a major variance. Mr. Moore stated that he agrees and there is not a problem with re-pu~lishing. Mr. Hearn stated that in the future a 10% variance would be reasonable for one person to make, and when it exceeds 10% the Board of Adjustment should make that decision. Mr. Lounds asked Mr. Murphy ifhe would re-consider the amount of the security fund on page 9. Mr. Murphy asked Mr. Lounds which portion. Mr. Lounds asked Mr. Murphy if he would lower the co-located telecommunication providers antenna or antenna array fee. Mr. Murphy stated that $3,000 is only an estimate. The Board can recommended another amount if they so desire. Mr. Lounds stated that he would like to recommend that the co-location amount of $3,000 be lowered to $1,000 and would suggest the $15,000 for each tower be lowered to $7,500. Chairman Wesloski stated that she would be opposed to lowering the $15,000 figure because some of these towers are large and it would probably cost more than that to remove them. Mr. Lounds asked Mr. Murphy if the idea of$15,000 is to cover removal of the original base and tower. Mr. Murphy stated yes. Mr. Lounds stated strike his request for lower the $15,000 amount. He would like to recommend co-location be reduce to $1,000 to enhance co-locating. Chainnan Wesloski stated that she would like to entertain a motion. Mr. Grande made a motion to approve Sections 2.00.00 and 7.10.23, with the changes outlined by Mr. Heam in totality and the reduction from $3,000 to $1,000. Planning & Zoning Commissionl Local Planning Agency January 21,1999 Page 31 -- - '-' .-....,1 Mr. Lounds seconded the motion, and upon roll call the motion was approved 8-1 with Chairman Wesloskí voting in opposition. Planning & Zoning Commission/ Local Planning Agency January 21,1999 Page 32 ., (,-, ('wi &!PM Ü~: D7~ ..qc;- ~OùL .c- The Conservation AJ/iance of St. Lucie County, Inc. P. 0: Box 12515 - - Fort Pierce, Florida 34979-2515 Internet Home Page: www.biosvs.neVindianriv~r Email: c.onservationalli@hotmail.com February 15, 1999 St. Lucie Board of County Commissioners Dear Commissioners: I hereby submit to the record the position of the St. Lucie County Conservation Alliance with respect to Draft Ordinance 99-002, which provides for a series of General Am-endments to the St. Lucie County Land Development Code (LDC). We have concems with certain provisions of this proposed ordinance as stated below: 1.06.02 DISTRICT BOUNDARIES 7.05.05 USE OF RESIDENTIAL PROPERTY FOR ACCESS The proposed amendments to these sections, as written, clearly violate the intent of the Land Development Code and are inconsistent with the County Comprehensive Plan. Section 1.06.02 (page 3) clearly states that, where indicated on the zoning map, the zoning district boundaries are the centerlines of the streets and roads. If the intention had been to exclude the streets from the zoning regulations, the zoning atlas boundaries would have been drawn as such. The streets, especially local or minor collectors, are indeed an integral part of the zoning districts. In many cases, especially in older subdivisions without sidewalks, these local residential streets are the only places for residents to walk and ride their bicycles and are usually relatively safe because of the lack of commercial or industrial traffic. The proposed amendments, as written, also directly violate Policy 1.1.8.4 of the Comprehensive Plan, which explicitly requires that any commerciaUnon-residential use in residential areas must meet the following standards: 2) The property for which the commercial designation is sought is located on an Arterial or Major Collector; and 5) The site does not have direct driveway access onto any local or Minor Collector street. (See attachment A) Comprehensive Plan Policy 1.1.8.4 does not allow for exceptions of these rules. The proposed amendments however, if passed, will allow direct driveway access onto local or Minor - c'-' (...,,¡ Collector residential streets under certain con~it~ons in. direct violation of the comprehensive plan! The Community development staff has stated in previous Planning and Zoning Board hearings that there are a number of instances in which access would not be allowed to certain commercial or industrial properties if this code provision were enforced. Most, if not all of the examples cited however have direct access to Arterial or Major Collector streets, including PV Martin's restaurant on North Hutchinson Island and Industrial zoned property on Old Dixie Highway. Our suggestions for remedying these potential problems while still remaining consistent with the Comprehensive Plan is to simply amend the LDC as follows: 1.06.02: 7.05.05 It is unnecessary to amend this section. No residentially zoned property, excludina Arterial or Maior Collector street or road riahts-of-wav. shall be used for driveway, walkway, or any other access purpose to any other non-residentially zoned land, or to any land used for a purpose not permitted in a residentially zoned district. We believe that the minor revisions we have proposed will, as mandated by the Comprehensive Plan, provide reasonable access to limited non-residential properties within residential areas without putting our safety, and the safety of our children, at risk. Respectfully submitted, The Conservation Alliance of St. Lucie County, Inc. k.~)~ K. Brian KilIday, Vice President - Att~(\ ~~r ® The ternC,-Slogy used ~n the speciC,-, Use designation identifies the type of permitted 'activity, maxim~ zoning density or maximum zoning intensity. Each M.J..xed Use Activity area will identify the type of Specîal Use areas in the :t~gend.s of each area. Policy 1.1.7.6 .' --- st. Lucie County shall.· review on an aI!nual basis, beginning one year fFom the adoption of this plan, all mixed use activity areas for consistency with the other elements of this plan and to determine if any amendments or further definition of intensity designation is warranted. The protection of the single family neighborhood as a defined residantial area from the encroachment..of commercial and/or other inappropriate land uses will be provided for through the Land Development Regulations. ---- ----_.._..~._--_.- OBJECTIVE 1. 1 . 8 All new subdivisions, planned unit developments and site development plans shall be designed to include an efficient system of internal traffic circulation, that does not require internal trips or trips of short duration from being forced onto the major roadway network. Policy 1. 1. 8 . 1 Policy 1. 1. 8 . 2 All new subdivisions shall be designed so that all individual lots have direct access to the internal street system, and that any lot or property along the periphery of the development is to be buffered from any major roadway and incompatible land uses. 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 cotlnty-wide right-<)f-way protection regulation and Right-of-Way Dedication Ordinance. Policy 1. 1. 8 . 4 Limited development of commercial/non- residential uses will be allowed withrn areas classified for residential use, provided that these activities are compatible with the adjacent-.!and uses and meet the following standards: 1) The intent of the commercial use is to provide easily accessible, convenience-type uses to immediately surrounding residents; Hay 14, 1 9 9 1 1 - 78 LANOUSE - Policy 1.1.8.5 May 14, 19 9 1 (,\.t) The property for Wh{,-, the commercial designation is sought is located on an Arterial or Major Collector; 3) Conversion of the petitioned property would not promot.e anY..fJtrip commercial use of landj 4) The use ~s compatible with surrounding land uses and is provided with adequate screening and buffering of any adjacent residential property; 5) The site does not have direct driveway access onto any local or Minor Collector street; 6) The property. for which designation is sought does acres; and, the not commercial exceed 10 7) within any area designated as PREFERRED RESIDENTIAL (PFR) , (Figure 1-11) , the following restrictions shall apply to the establishment of any congregate living, group care, or foster care home as defined in the st. Lucie County Land Development Regulations; No Congregate Care, Group Care or Foster Care Facility shall be authorized that would permit more than six unrelated" individuals to be housed in that facility. Any request for a change in zoning or land use to an Industrial, Commercial, Institutional or other non-residential land use designation for property located within any area designated as PREFERRED RESIDENTIAL (PRF) , must be accompanied by an amendment to the- Comprehensive Plan to remove the Preferred Residential Designation from the petitioned property. Such application for amendment is to be pröcessed in accordance with the provision~ of Section 163.3187, Florida statutes. Require effective visual and light diffusion barriers between residential and non-residential uses. Standards and requirements for such barriers are to be included in the landscaping and screening regulations of the St. Lucie County Land Development Regulations. 1 - 79 LANDUSE - (,-, " ( ,'wi CORAL COVE BEACH OWNERS-ASSOCIATION 211 Marina: Drive- Fort Pierce, Flor-ida- 34-94-9 561-465..5826- Fax: 561.,.465-9062- DATE: January 19; 1999 MEMOTO:- St. Lucie- County Planning- and Zoning Board Commissioners SUBJECT: Qraft of Ordinance No; 99-002. Specifically l.06;00-and-7.05-.05- - As you are- aware- from- previous correspondence- and- meetings, the-warehouse-proposed for North- Hutchinson Island- is not pennitted- under the present St Lucie County Land Development Code. As soon-as this was pointed-outto-Planning-and-Zoning-staff, they have been-doing-their best to cbflnee the. code so that it would pennit the. building of 8- warehouse. in a. residential neighborhood: The draft before you for the January 21st meeting is a case in point. At the October 15, 1998~ meeting of the Planning and-Zoning Commissioners, Mr. KiUday, of North Hutchinson Island, proposed-a- compromise which would read- as follows: "No· residentially. zoned property,. excludinf? arterial or maim: collector street. or road rights.-oß.wav shall be used- for driveway, walkway, or any other access purpose to any other non-residentially zoned-lan~ or to- any land used- for a- purpose-not pennitted in- a- residentially zoned- district". The draft (Ordinance No; 99-(02)·of7.05~05isso-convoluted-and-contradictory that in-the opinion_ of: one la.wye~ it is a. legal nightmare_ 1-.06: 00 has been- changed- specifically- to- pennit warehouses in- residential districts. 7.05~O5- has so- many contradictions- that we must go-through- them- paragraph· by paragraptL A:. This specifically pennits the building_of a warehouse in a. residential district~ residential streets WILL NOT be considered- residential" for access purposes to commercial property as they are- now; H.. Residential streets WILL BE considered- residentiar fór access purposes to commercial property, un1ess the- County Commissioners change it. - ~ ~ Memo to P&Z Commissioners Page 2 January f9, f999 - 8.1.2.3-); After many words, read-carefully, the-warehouse-proposed would have·to·be-pennitted· by the. County Commission if the. drive.wa.y were to open. up to Flotilla.Terrace.,. a residential street, rather than Marina Drive, leaving ouf residential area still encumbered" by a warehouse. . .. 7~05.05 . . . C. This paragraph, reads similarly to· the- wording· proposed-by Mr. Killday, except they use- the- phrase "In. a Residential Larid Use. category" instead-of referring. to. residentially zoned- pr.oper.ty... At first .reading it WOULD NOT permit the warehouse on the property propose~ unless the wording quoted: means· something to- staff not readily obvious to' us. . As yOU can· see, the proposed draft IS- convoluted and contradictoty. We would' propose that L06.00 remain as it is, and' that 7:05.05 remain as it is. Or, that 7:05.0'5 consist of Mr. Killday's compromise' only, and·the·Commission·consider zoning North· Hutchinson. Island. "Residential" and. any commercial. enterprises. wishing to· enter our Island· apply for a variance to do' so; Sincerely, Nancy Spaldíng, Secretary - ~~ . ~~ dVo'tth !Bu:uJ!z. df~~oaiation of ¿to .-£ud.E. C!oun~1 .one!.. P. O. Box 3573 Fort Pierce. Florida 34948 N. B. ~anuary 21, 199~ To: the Planning & Zoning Commission of St. Lucie County, Fl. From: John P. Doran, Director, North Beach Assoc., of st. Lucie Co., Fl. Re: Ordinance #99-002. In the summer of 1998 the st. Lucie County Planning Department proposed a number of changes to the st. Lucie County Comprehensive Plan. There were strong objections to changes proposed in 1.06.02 and 7.05.05. This Commission instructed the Planning Department to hold a "workshop" to listen to and then, hopefully, adjust the proposed language. The "work- shop" was held, however, our association felt we were not listened to. In November of 1998 the proposed changes were again before this Commission. Again, this Commission sent the proposal bac~ to the Planning Department and su~gested a rewrite. Our Association even suggested acceptable lan~ guage for section 7.05.05. Again, we feel, we have been ignored by the Planning Department. We ask that Ordinance # 99-002 be rejected by the Planning & Zoning Commission in its totality. Please look at page two (attached). That is the language of 7.05.05 as it is today. It was adopted in August of 1990 and withstood revisions thru August 1, 1996. One sentence ...tvo lines. Now, please look at page three (attached). 7.05.05 is revised by the Planning Department after the "wor~shop" in August 1998. It now has a a total of ... thirteen lines. . This was rejected by this Commission in November 1998 and sent back to the Planning Department for rewrite. Please now look at page four (attached). This is now before you as the Planning Department's rewrite ... and now is thirty-three lines long. Our position is leave 7.05.05 as is- ... just reading the proposed changes must lead one to believe there is no need to} change 7.05.05. Do YQU, as an advisory board, wonder why we citizens are questioning our governmental units? South Beach has been driven to their current pursuit only because the County Planning Department overstepped its authority. Likewise, North Beach Association has spent over $17,000.00 in legal fees opposing the variances that the Planning Department of st. Lucie County Government gave a body known as "Barts Bay". Please listen to us and reject this ordinance. Please, again, look and read pages two, three and four attached~ ('-' c..." Section 7.05.00 Transportation Systems No residentially zoned property shall be used for driveway, walkway, or any other access purpose to any non-.residentially zoned land, or to any land used for a purpose not permitted in a residentially zoned district. A;poP-rE*D RE'VI.sGJJ "1llnù f·l-r¡" ¡...¡-90 1.05.05 USE OF RESIDENTIAL PROPERTY FOR ACCESS . ... _0. .._ .~. page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 .10 :U (,-, ('wi -------------------------------- Undërline is for addition GL~~..~ lJ.~~w91. is for deletion Ordinance #99-001a Draft #2 Page 18 PRINT DATE: 09/29/98 7.05.05 USE OF RESIDENTIAL PROPERTY FOR ACCESS A. No residentially zoned property, eXcluding public or private street or road rights-of-way, shall be used for driveway, walkway, or any other access purpose to any non-residentially zoned land, or to any land used for a purpose not permitted in a residentially zoned district. B. Except as may be specifically authorized by the Board of County Commissioners;. no street or road classified as a local residential street or roadway shall be used for:access~to commercially or industrially zoned property. For the County Commission to authorize the use of a street classifieda'locatresidential street-:or roadway for access to commercially or industrially zoned property, any applicant;for.such aCCess must demonstrate to the satisfaction of the County Commission ,that: . ,_ _. ' .!J gj No other alternative access route is available to the property. That the dominate use of property within the area of the proposed driveway connection, to the proposed or existing commercial or industrial development activity is located, is vacant or other otherwise occupied by nonresidential uses. page 3 - «('-' f...., What follows is the re-write by the St. Lucie County Planning Depart- ment of the Ordinance now numbered 99-002a of the original part of 7.05.05. The original part of 7.05.05 was just TWO LINES. Please, leave i~_as is. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 7.05.05 A. B. or ---------~~rli~i;f~ad~d~--------- Strilte Threli!!fl. is for deletion Ordinance #99-002a Draft #1 Page 5 PRINT DATE: 01/08/99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 -15 16 17 i8 this Section are literallv enforced; and the condition is created bv the reaulations of this Code. and not bv an action or actions of the property owner or the applicant. - All Drivewav Construction shall conform to the reauirements of this code except that. in those instances where the Board of County Commissioners has authorized the placement of a driveway connection from a commerciallv or industriallv zoned property to a street considerêd to be a local residential street or roadway. no such driveway connection shall be permitted .tôJl1áve its nearest perpendicular edaes more than 350 feet from the feet from the parallel.b~e bliifdiña line. and in the event that the authorized driveway connection is to a substândard puÔff~f-wav. it shall be the obliaation of the property owner or the applicant for the red3éS'tèd drivë\Atà.q!fël¡t{(io. improve the riaht"., of-wa to the re uirements of the Coun En ¡neer i~er to rovia'ê(fõ'~fe and efficiéM operation of the roadway. _ C. · ('-' ". w, r.:; (j\) J( n \'7 f? ~l i.",.!i n '.'.' ..Y;J''J_Js_..!!.f:___!ç., r,1ì ¡ 1 . .< . f i : ! r. . ¡ I II ¡ i ¡ ¡ , FEB I 9 "V, ¡ U ' .. ¡ . ~ .J ¡ I C(~,~:C"~'td;i"T ('-J TI ~©~U-~~= ~ FEE 1 9 1999 . ~ .. ::!J 2805 Flotilla Terrace Fort Pierce, FL 34949 February l3, 1999 Referenœ: St. Lucie County Board of Commissioners 2300 Virginia Ave. Annex Fort Pierce, Fl34982 Dear St. Lucie County Board of Commissioners: I would like to use this letter as a vehicle to ask you, our County Commissioners, to NOT approve changing our county code sections 1.06.00 and 7.05.05 at either your February 16 or March 2 meetings. As a resident of North Hutchinson Island, living on Flotilla Terrace, extremely near to the proposed storage rental building, I find it not possible that such a crime attracting establishment could be considered in the middle of a residential area. As I understand it, these two codes are only being changed to permit this one particular permit to be possible. The situation has never come before your august commission before. Why, all of a sudden, when it was found that the permit would violate long existing codes did the zoning and planning department magically change them? I had this further drilled in to me this morning as I witnessed the auctioning off the contents from a rented unit in the storage facility on US 1. It seems this auction was the result of the rental unit being used for the storage of stolen goods. Please veto this code change. Residential streets should not be used for entrance to commercial establishments! 'Kri~ t!(!: f;ð~ AJbt~n I Com. ~v. · ., "" AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, APRIL 6, 1999 7:00 P.M Consider Draft Ordinance 99-002 (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 testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on March 25, 1999. FILE NO. ORD-99-002 or '-' NOTICE OF ESTABLISHMENT OR CHANGE OF REGULATION AFFECTING THE USE OE:LANP ....., The·St. Lucie County Board of County Commissioners propose to adopt the following Ordinance: ORDINANCE NO. 99-002 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 1.06.02, RULES OF INTERPRETATION, DISTRICT BOUNDARIES, TO PROVIDE FOR A CLARIFICATION OF THE ZONING DISTRICT BOUNDARIES IN THE COUNTY; BY AMENDING SECTION 2.00.00, DEFIN1110NS, TO PROVIDE FOR AMENDMENT TO THE DEFIN1110NS OF PRE- EXISTING. TOWERS - AND PRE-EXISTING ANTENNAS, TELECOMMUNICATION FACILITY, TELECOMMUNICATION'TOWER OR TOWER; BY AMENDING SECTION 6.00.03 (B) (2), VEGETATION REMOVAL PERMIT REQQIRED, TO CORRECT AOCRIVENERS ERROR;' BY AMENDING SECTION 7.05.05, USE OF RESIDENTIAL PROPERTY FOR ACCESS BY PROVIDING CLARIFICATION OF ACCESS RESTRICTIONS; BY AMENDING SECTION. , 7.10.23(A), TELECOMMUNICATIONS TOWER SITING, PURPOSE, TO PROVIDE FOR CLARIFICATION AS TO THE APPLICABILITY OF 1HESE REGULATIONS; BY AMENDING SECTION 7.10.23(B), TELECOMMUNICATIONS TOWER SITING, GENERAL, TO, PROVIDE CLARIFICATION TO THE ZONING DISTRICI"S IN WHICH 1HESE FACILITIES MAY BE LOCATED, SUBJECT TO MEETING CERTAIN REQUIREMENTS; BY AMENDING SECTION 7.10.23(E): TELECOMMUNICATIONS TOWER SITING, AESTHETICS, ,tö PROVIDE STANDARDS WHERE, A PROPOSED TELECOMMUNICATION TOWERS IS LOCATED IN AN INDUSTRIAL OR AGRICULTURAL ZONING DISTRICT; BY AMENDING SECTION,' 7.10.23(F) TELECOMMUNICATIONS TOWER SITING, SECURITY FUND TO PROVIDE CLARIFICATION ON THE AMOUNTS AND METHOD OF REQUIRED SECURITY DEPOSITS; BY AMENDING SECTION 7.10.23(L) 'SEPARATION, BY CLARIFYING THE SEPARATION STANDARDS FOR TELECOMMUNICATION TOWERS; BY AMENDING SECTION 7.1Q.23(M); TELECOMMUNICATION TOWERS, BUILDINGS AND EQUIPMENT STORAGE AREAS, TO CUARlFYlNG THE MAXIMUM· PERMITTED SQUARE FOOTAGE QF SUPPORT BUILDINGS TO BE LOCATED AT A TELECOMMUNICATION TOWER SITE; BY AMENDING SECTION 7.1O;23(P)· PRE~EXISTING· TELECOMMUNICATIONS TOWERS TO CLARIFY WHAT CONSTITUTES A PRE-EXISTING TELECOMMUNICATIONS TOWER;· BY AMENDING SECTION 11.05.06 (F); VIOLATIONS,TO CORRECT A SCRIVENERS ERROR; BY PROVIDING. FORCQNFLICTING PROVISION, BY PROVIDING FOR SEVERABILITY,PROVIDING ·FOR APPLICABILITY, PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, PROVIDING FOR AN EFFECITVE DATE, PRQVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION~ A PUBLIC HEARING on Ordinance 99-002 ~ be \héld bi#o~ the St. Lucie County Board of County Commissioners onTheSda~April6, 1999, 'at 7;00 .P.M. or as soon Thereafter as possible, in theCountV Conunission Chambers, 3r.d flOC. r of. the County Adminis. tratio.n Annex... ~., .·V~..,A;., :venue, Ft. Pierce, FL." Matters affecting youi:' personal and property righ~ may be ~ and acted upon. All interested persons . are. inVlted to.attend' and be heard. Writt;en comments received in advance of the public hearing'Wil1 also be heard. , The purpose of this public hearing is to ameI\d thEiSt. L~cie County Land, Deve1oJ>ment Code to {'rovide for a series of general amendments to the Code. This is the second reqwred public hearing on these proposed amendments. Copi~s of the proposed ordinance is available for review in the office of the CominunityDevelopment Dftector, St. Lucie County Administration Building, 2300 Virg1IÜa' Avenue, Ft. Pierce, FL, during' . regUlar 'business hours. Amendments to the proposed ordinance may be made at the pùblic hearing. If ¡my person decides to apJ'eal'any decision made}VÌth res~ to any mâtter considered at the meetings' or hearings. of ,any .bò8rd,' committees, commissio~, agency, councif or advisory group, thàt.person Wil1 need record of the, proceedm~ and that, for such p~ may need to ensure that à vèrbatim record of the proceedings is made, which record should include the' testimony: and evidence upon which the appeal is' to be based. Upon the request of any 'party. to the procee<;ling, individuals testifying during a nearing will be sworn. m. Any' p~rty: to the I?~eeding will.be ~anted an opportunity to cross-examme any mdlvidual testifymg durmg a hearmg upon request. TIùs notice dated and executed this, 22nd day of March, 1999. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ISI Paula A.Lewis, Chairman PUBLISH DATE: March 25, 1999 /IlL 7ÍV-Js ~. NOTICE OF ESTABLISHMENT OR CHANGE OF REGULATION AFFECTING:THE USE OF LAND The 81. Lucie County Board of County Commissioners propose to adopt the following Ordinance: ORDINANCE NO. 99-002 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 1.06.02, RULES OF INTERPRETATION, DIS- TRICT BOUNDARIES, TO PROVIDE FOR A CLARIFICATION OF THE ZONING DISTRICT BOUNDARIES IN THE COUNTY; BY AMENDING SECTION 2.00.00, DEFINITIONS, TO PROVIPE FOR AMENDMENT TO THE DEFINITIONS OF PRE-EXISTING TOWERS AND PRE-EXISTING ANTENNAS, TELECOMMUNI- CATION FACILITY; TELECOMMUNICATION TOWER OR TOWER; BY AMEND- ING SECTION 6.00.03(B)(2), VEGETATION REMOVAL PERMIT REQUIRED, TO CORRECT A SCRIVENERS ERROR; BY AMENDING SECTION 7.05.05, USE OF RESIDENTIAL PROPE::\TY FOR ACCESS BY PROVIDING CLARIFICATION OF ACCESS RESTRICTIONS; BY AMENDING SECTION 7.10.23(A), TELECOM- MUNICATIONS TOWER SITING, 'PURPOSE, TO PROVIDE FOR CLARlfICA., TION AS TO THE APPLICABILITY OF THESE REGULATIONS; BY AMENDING SECTION 7.10.23(B), TELECOMMUNICATIONS TOWER SITING, GENERAL, TO PROVIDE CLARIFICATION TO THE ZONING DISTRICTS IN WHICH THESE FACILITIES MAY BE LOCATED, SUBJECT TO MEETING CERTAIN REQUIRE- MENTS; BY AMENDING SECT,ION 7.10.23(E) TELECOMMUNICATIONS' 'TOWER SITING, AESTHETICS, TO PROVIDE STANDARDS WHERE A PRO- POSED TELECOMMUNICATION TOWERS IS LOCATED IN AN INDUSTRIAL OR AGRICULTURAL ZONING DISTRICT; BY AMENDING SECTION, 7.10.23(F) TELECOMMUNICATIONS TOWER SITING, SECURITY FUND TO PROVIDE CLARIFICATION ON THE AMOUNTS AND METHOD OF REQUIRED'SECURITY DEPOSITS; BY.AMENDING SECTION 7.10.;:!3(L) SEPARATION, BY CLARIFY- 1NG THE SEPARATION STANDARDS FOR TELECOMMUNICATION TOWERS; BY AMENDING SECTION 7.10.23(M), TELECOMMUNICATION TOWERS, BUILDINGS AND EQUIPMENT STORAGE AREAS, TO CLARIFYING THE MAX- IMUM PERMITTED SQUARE FOOTAGE OF SUPPORT BUILDINGS TO BE LOCATED AT A TELECOMMUNICATION TOWER SITE;' BY AMENDING SEC- TION 7.10.23(P) PRE-EXISTING TELECOMMUNICATIONS TOWERS TO CLAR- IFY WHAT CONSTITUTES A PRE-EXISTING TELECOMMUNICATIONS TOWER; BY AMENDING SECTION 11.05.06(F), VIOLATIONS, TO CORRECT A SCRIVENERS ERROR; BY PROVIDING FOR CONFLICTING PROVISION, BY PROVIDING FOR SEVERABILITY, PROVIDING FOR APPLICABILITY, PROVID- ING FOR FILING WITH THE DEPARTMENT OF SJATE, PROVIDING FOR AN EFFECTIVE DATE, PROVIDING FOR ADOPTION AND PROVIDING FOR COD- IFICATION. . A PUBLIC HEARING on Ordinance 99-002 will be held before the St.Lucie County Board of County Commissioners on Tuesday, April 6. 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. Pierçe, FL. Matters affect- ing your personal and property rights may be heard and acted upon. All interest- ed persons are invited to attend and be heard. Written comments received in advaflce of the public hearing will also'be heard., I The purpose of this public hearing is to amend the St. Lucie County Land Development Code to provide for a series of general .amendments to the Code. This'is the second required public hearing on these proposed amendments. Copies' of .the proposed ordinànceis available for review in the office of the Community Development Director, St. Lucie County Administration Building, 2300 . Virginia Avenue, Ft. Pierce, FL, 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 con- sidered at the meetings or hearirigs of any board, committees, commisslQns, agency, council or advisory group, that person will need record of the proceedings and. that, for such purpose may need to ensure that a verbatim record of the pro- ceedings is made, which record s~ouldinclude the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding,. individuals testifying during a hearing will be sworn ih. ' Any party to the proceed- ing will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. This notice dated and e~ecuted this 22nd day of March, 1999. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /5/ Paula A. Lewis, Chairman PUBLISH DATE: March 25, 1999 l/k' h wlAL -- ~ ~ 'wtI AGENDA REOUEST ITEM NO. ,Pi DATE: April 6,1999 REGULAR ( X PUBLIC HEARING CONSENT ( IQ: Board of County Commissioners SUBMITTED BY (DEPT.): Administration PRESENTED BY: Doualas M. Anderson SUBJECT: Request for Approval of Funding for Annual St. Lucie County Employee Picnic BACKGROUND: Over the past ten-fifteen years, the County held a County employee picnic sporadically. In 1997, St. Lucie County started an annual County employee picnic. That picnic has been held at Pepper Park and has been a great success. The community has been very supportive of the picnic and the picnic has been a good morale booster for all the employees. We received funding and prizes from individuals and businesses throughout the community for both the 1997 and 1998 picnics. However, it is becoming difficult to request the funding and prizes from the same people every year. For this reason, staff is requesting that the Board provide partial funding for the 1999 annual employee picnic to be held on May 8, 1999. We have requested a donation of $500 each from the property Appraiser, the Tax Collector, the Supervisor of Elections and the Clerk of the Court. All have agreed to donate the funds. We will continue to request community donations and do other fund raising, but Board assistance would show support of and appreciation for our employees and make the picnic a better occasion. FUNDS AVAIL.: Funds would come from County's contingency account. PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board of County Commissioners approve funding of the annual St. Lucie County Employee picnic in an amount not to exceed $1,000. v> ) APPROVED ) DENIED OTHER Up to $1000 and one day off with pay as a grand prize. Review and NCE: COMMISSION ACTION: County Attorney: Management & Budget Purchasing: Originating Dept: Other: '-' ......, AGENDA REQUEST ITEM NO. --6.B DATE:4/6/99 REGULAR [xx] PUBLIC HEARING CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Administration Comm. Paula Lewis SUBJECT: Florida Community Health Centers BACKGROUND: See attached letter FUNDS AVAIL. : PREVIOUS ACTION: RECOMMENDATION: Consider the request of the Florida Community Health Center to send a letter to the U. S. Congressional delegation expressing the Board's support for the Health Center continuing to receive the Federally Qualified Health Centers Medicaid reimbursement on a cost based system. Authorize the Chair to sign the letter. [v) [ ] APPROVED OTHER: DENIED COMMISSION ACTION: ou as M. Anderson County Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 Clewiston Center 315 South W.C Owen Avenue Clewlston, Florida 33440 (941) 983-7813 Indiantown Center 16008 SW 153rd Street Indiantown, Florida 34956 (561) 597-3597 Okeechobee Center 308 NW. Flhh Avenue Okeechobee, Florida 34972 (941) 763-7481 Ft. Pierce Center 1505 Delaware Avenue Ft Pierce, Florida 34950 (561) 461-1402 Administration (561) 466-1243 '-I Lakeshore Medical 103 N.E. 19th Drive Okeechobee, Florida 34972 (941) 763·1951 r;;;.:.,.-. - L;:::- - - C:!:::J ~ I -= Gala - ¡ é) lJ í:::::> '-' ~ FLORIDA COMMUNITY HEALTH CENTERS, INC. OFFICERS Jose Encarnacion Chair Helga Snure Vice Chalf 4450 S, TIFFANY DRIVE WEST PALM BEACH, FLORIDA 33407 TELEPHONE (561) 844-9443 FAX (561) 844-1013 Ivory Hamilton Secretary Joyce Addison Treasurer Ed Brown President/Chief Executive Officer March 26, 1999 ec: 8lJ~ AVní n í sIrb.~b11 Chairman, Board of County Commissioners St. Lucie County 2300 Virginia Ave. Ft. Pierce, Fl 34982 o r=<CCED'¥'~ MAR 2 9 E99 Dear Chairman: I am writing to you today to request your help. I am the President and Chief executive Officer of Florida Community Health Centers, Inc., a private, non-profit corporation, which provides primary health care to the medically indigent. We own and operate the Ft. Pierce Community Health Center on Delaware Ave. in Ft. Pierce. We provide primary health care to the citizens of St. Lucie County regardless of their ability to pay by the use of a sliding fee scale for payment. We also accept Medicaid, Medicare, and other third party insurances, but the majority ofthe people we see are discounted through the sliding fee scale. We are the health care safety net for the people in your county who have limited access to health care. ¡ . r Last year, the Federal government passed in the Balanced Budget Act a section which cuts drastically over the next 5 years the Medicaid reimbursement to community & migrant health centers, which are designated Federally Qualified Health Centers (FQHC). This FQHC cost-based reimbursement is critically important to us to help off-set the cost of health care we provide to indigent patients through the sliding fee discounted schedule. We provide office visits, lab work, limited pharmacy, x-ray and various other services for a minimum charge of$12.00 to those who cannot afford to pay. The Medicaid reimbursement revenue is used meet the needs that our federal grant for indigent health care does not. r" ~ t·- ; c ~¡ ',' 2J It "" 8/ I am asking if you and the Board of County Commissioners will help us by writing a letter to our U.S. Congressional delegation in Washington DC, expressing your support for FQHC's continuing to receive the FQHC Medicaid reimbursement on a cost-based system. I hope you are familiar with the work we do in your county, and I would be Serving Glades, Hendry, Indian River, Martin, Okeechobee and St, Lucie Counties Member: Florida Association of Community Health Centers, Inc, Member: National Association of Community Health Centers, Inc, . '-' """ FLORIDA COMMUNITY HE.,^"LTH (EN! [RS INC more than happy to speak to the Commissioners to provide further information if you desire. I have attached a sample letter for use if you decide to support this grassroots effort. I have personally delivered over 800 letters to our Congressional delegation over the past month, signed by patients, staff, our Board of Directors, and other interested community leaders. I would be very pleased if the Board of County Commissioners from your County joined in our efforts. The people of your community will be the recipients of this effort if we are successful. Please send your letters to : Senator Bob Graham 524 Hart Senate Office Bldg. Washington DC 20510 Senator Connie Mack 517 Hart Senate Office Bldg. Washington DC 20510 Congressman Mark Foley 113 Cannon Bldg Washington DC 20515 Congressman A1cee Hastings 1039 Longworth Bldg Washington DC 20510 Again, if you desire more information and want me to speak to the Commissioners, I will be more than happy to do so. Thank you for your consideration. _./f'J":.IY' \ \~~ ~.... Edwin W. Brown Preside t, Chief Executive Officer Enclosure · '-' .....,¡ Dear Congressman/Senator: As a community leader, I am writing to urge you to support two issues very important to the future of my community health center and my community: (I) fix the Medicaid payment system for health centers before October 1 and (2) provide a $100 million increase in appropriations for the health centers program for fiscal year 2000. Our health center already operates within severe budget constraints and if Congress does not act on these issues, Florida Community Health Centers (FCHC), which owns and operates a health center in my community, will be forced to cut back or eliminate critical preventive health care services. Without those services many people in our community will be forced to go without care and potentially severe, costly health problems would be created. From my experiences at Florida Community Health Centers, I can tell you that I know that there are increasing numbers of people in our community who lack health insurance. Unless the Medicaid payment system is fixed, not only will we not be able to meet an increasing need, FCHC will be forced to terminate care for approximately 13,763 uninsured people that they currently serve to compensate for the failure of Medicaid to pay its fair share. That's just not right! Even with a fix of the Medicaid system, it is clear that current funding for the health center program is simply not enough to serve all the increasing numbers of uninsured who seek care at my health center. That is why I am also asking you to support an increase of $100 million in appropriations for the health center program in FY 2000. Florida Community Health Centers is the only place that many people in our community can get high quality, comprehensive, primary and preventive care. I am counting on you to fix the Medicaid payment system for health centers before October 1 and provide an additional $100 million for the health center program so that we can meet more of our community's health care needs. Sincerely, '-' CONSENT AGENDA ..:~ ! 'wi - " ::..:- .--- -..-. -- ~ ~ LUCIE COUNTY - BOARD ~ 1 03/26/99 PAGE FZABVARR vARRANT LIST 126- 20-MAR-99 TO 26-MAR-99 FUND SuMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 1,021,208.45 4,308.90 001116 Sec 112/MPO/FBVAJPlanning 98/99 1,283.73 0.00 001120 Community Services Block Gmt 98/99 9,737.75 0.00 001235 TDC Planning Grant 98/99 49.08 0.00 001242 98/99 E. M.. P.A. 8,874.50 0.00 001804 SFWM/SLSVCD Vell Monitoring Program 1,678.79 0.00 101 Transportation Trust Fund 93,784.40 0.00 101001 Transportation Trust Interlocals 2,300.00 0.00 101002 Transportation Trust/80% Constitut 11,015.00 0.00 101003 Transportation Trust/Local Option 2,560.00 0.00 101006 Transportation Trust/Impact Fees 6,385.00 0.00 102 Unincorporated Services Fund 21,185.68 8,911.24 102001 Drainage Maintenance MSTU 2,017.61 0.00 102103 Urban & Community Forestry 97/98 337.83 0.00 103 Law lnforcemen t MSTU 1,562.62 0.00 105 Libráry Special Grants Fund 1,626.06 0.00 107 Fine & Forfeiture Fund 2,893,452.54 7,230.20 111 River Párk I Fund 202. 19 0.00 112 River Park II Fund 39.60 0.00 113 Harmony Heights 3 Fund 218.64 0.00 114 Harmony Heights 4 Fund 478.45 0.00 115 Sheràton Plaza Fund 38.98 0.00 116 Sunlând Gardens Fund 532.74 0.00 117 Sunrise Park Fund 133.40 0.00 118 Paradise Park Fund 65.80 0.00 119 Holiday Pines Fund 770.60 0.00 120 The Grove Fund 8.86 0.00 121 Blakëly Subdivision Fund 6.12 0.00 122 Indiãn River Estates Fund 67.85 0.00 123 Queens Cove Lighting Distl13 Fund 270.42 0.00 126 Southern oak Estatès Lighting 6.88 0.00 136 Monte Carlo Lighting MSTUl4 Fund 1,387.67 0.00 138 Palm Lake Gardens MSTU Fund 111. 45 0.00 ~ 139 Palm Grove Fund 47.29 0.00 140 Port & Airport Fund 9,382.94 0.00 160 Plan Maintenance RAD Fund 3,015.80 198.18 182 Environmental Land Acquisition Fund 376.98 8,911. 24 183 Ct Administrator-19th Judicial Cir 1,688.29 5,083.80 183001 Ct Administrator-Arbitration/Mediat 926.97 5,083.80 183002 Ct Admin.-County Arbitration/Mediat 425.00 0.00 183004 Ct Admin.- Teen Court 67.01 7,230.20 183204 Court Reporter Gant-In-Aid 98/99 5,368.00 0.00 183206 FDJJ-Teen Court 98/99 358.45 0.00 185201 FHFA-185-SHIP 96/97 16.85 0.00 185202 FHFA- SHIP 97/98 44,719.88 0.00 185203 FHFA-SHIP 98/99 593.01 0.00 186 Recycling Operating Fund 774.14 0.00 186202 DEP-~ecycling & Education 98/99 1,026.27 0.00 .. 03/26/99 FzAÐVARR ~ LUCIE COUNl'Y - BOARD VARRANT LIST #26- 20-MAR-99 TO 26-MAR-99 FUND SUMMARY -...,,¡ PAGE 2 FUND TITLÊ EXPENSES PAYROLL 242 Port I&S Fund 1,112.85 0.00 282 Environmental Land I&S Fund 31,688.02 0.00 316001 Transþortation Capital 2,080.00 0.00 352 SHI Vastewater Treatment Proj Fund 22,375.00 0.00 401 Sani tary Landfill Fund 37,555.71 0.00 418 Golf COUrse Fund 25,577.42 0.00 421 H.E.~. Utilities Fund 490.59 1,822.26 441 North ttutchinson Island Utilities 22,123.74 30,383.08 451 S. Hutchinson Utilities Fund 9,588.40 28,559.38 461 Sports Complex Fund 14,203.34 1,406.02 491 Building Code Fund 7,771.69 0.00 501 Automated Services Fund 29,363.39 0.00 505 Health Insurance Fund 0.00 8,934.61 505001 Property/Casualty Insurance Fund 3,208.03 0.00 510 Service Garage Fund 16,991. 66 0.00 611 Tourist Development Trust-Adv Fund 20,622.74 0.00 615 Impac t Fees Fund 703.25 0.00 674 Driftwood Manor MSBU Fund 3,444.78 0.00 676 King Orange MSBU Fund 7,875.00 0.00 GRAND TOTAL: 4,408,961.18 118,062.91 -, - 04/02199 S~LUCIE COUNTY - BOARD ~ ....¡ PAGE 1 FZABVARR vARRANT LIST #27- 27-MAR-99 TO 02-APR-99 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 558,951.38 261,154.89 001116 See 112/MPO/FHVA/Planning 98/99 1,132.63 3,734.76 001120 Community Services Block Gmt 98/99 2,374.50 546.87 001228 Vhite City Park DEP 234.25 0.00 001235 TDC Planning Grant 98/99 0.00 403.21 001242 98/99 E. M.. P.A. 380.63 0.00 001804 SFVM/SLSVCD VeIl Monitoring Program 191. 71 0.00 101 Transportation Trust Fund 19,423.23 87,716.36 10 1002 Transportation Trust/80% Constitut 440.00 0.00 101003 Transportation Trust/Local Option 900.00 0.00 102 Unincorporated Services Fund 12,932.26 29,689.46 102001 Drainage Maintenance MSTU 20,447.90 2,935.05 102103 Urban & Community Forestry 97/98 0.00 468.40 104 Grants & Donations Fund 3,500.00 0.00 105 Library Special Grants Fund 111. 60 1,268.81 107 Fine & Forfeiture Fund 27,761.07 52,744.90 111 River Park I Fund 2,557.69 0.00 112 River Park II Fund 513.12 0.00 115 Sheraton Plaza Fund 431.90 0.00 118 Paradise Park Fund 693.65 0.00 120 The Grove Fund 140. 14 0.00 122 Indian River Estates Fund 850.33 0.00 126 Southern Oak Estates Lighting 109.94 0.00 139 Palm Grove Fund 657.97 0.00 140 Port & Airport Fund . 20,238.43 7,227.44 ~,.1 160 Plan Maintenance RAD,Fund 4,153.85 1,986.12 182 Environmental Land Aèquisition Fund 0.00 1,431. 39 183 Ct Administrator-19tH Judicial Cir 1,416.44 3,673.11 183001 Ct Administrator-Arbitration/Mediat 372 .12 2,449.60 183002 Ct Admin.-County Arbltration/Mediat 75.00 0.00 183004 Ct Admin.- Teen Court 0.00 897.60 183206 FDJJ-Teen Court 98/9~ 0.00 1,138.46 185203 FBFA-SHIP 98/99 15,000.00 1,232.81 186 Recycling Operating Pund 226.13 1,334.69 186202 DEP-Recycling & Educàtion 98/99 0.00 444.89 282 Environmental Land I&S Fund 10,913.72 0.00 316 County Capital 1,486.33 0.00 352 SHI Vastewater Treatment Proj Fund 28,600.00 0.00 362 Sports Complex Improv Fund 1,081.47 0.00 382 Environmental Land Capital Fund 8,750.00 0.00 401 Sanitary Landfill Fund 19,372.49 25,088.31 401216 DEP-Litter Control & Prevent 98/99 1,828.00 0.00 401217 DEP-Vaste Tire 98/99 1,542.75 0.00 418 Golf Course Fund 16,542.67 16,292.49 421 H.E.V. Utilities Fund 10.20 144.08 441 North Hutchinson Island Utilities 998.07 2,401.23 451 S. Hutchinson Utilities Fund 6,537.41 2,257.17 461 Sports Complex Fund 6,717.22 11 , 131. 28 ~ 04/02199 ~ LUCIE COUNI'Y - BOARD ~ '" PAGE 2 FZABTJARR vARRANT LIST #27- 27-MAR-99 TO 02-APR-99 FUND SUMMARY ~'T""::;"':~, FUND TITLE EXPENSES PAYROLL 491 Building Code Fund 557.17 13,836.74 501 Automated Services Fund 11 , 799 . 72 58,531. 99 505 Health Insurance Fund 198,240.79 0.00 505001 Property/Casualty Insurance Fund 2,663.06 0.00 510 Service Garage Fund 27,481.56 8,344.63 611 Tourist Development Trust-Adv Fund 3,591. 28 2,821.97 625 Law Library 671.11 0.00 GRAND TOTAL: 1,045,602.89 603,328.71 ...... .... '-' AGENDA REQUEST ....." ITEM NO. ~ DATE: April 6, 1999 "INVESTMENT FOR THE FUTURE" SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [Xl PRESENTED BY: J\~Jà ß. ~ ~ald B. wett, P.E. County Engineer TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Engineering Contract for Bridge Replacement at Keen Road over Belcher Canal (C-25). Work Authorization No. 1 to the Agreement for Continuing Construction Management Services with lindahl, Browning, Ferrari & Hellstrom, Inc. BACKGROUND: On June 17, 1997, the Board of County Commissioners approved an additional two cents of Local Option Gasoline Tax for Sl Lucie County. The revenue from this additional tax is earmarked for capital maintenance of bridges and road reconstruction. A list of needed bridge repair and replacement projects was approved by the BOCC as part of the County's "Investment for the Future" Program. The Keen Road over Belcher Canal (C-25) Bridge is proposed for construction this fiscal year, 1999. The existing bridge will be replaced with a new concrete bridge supported with a foundation of concrete pilings. The construction of this structure will require very sophisticated equipment and methods and will need to be scrutinized carefully. Inspection of the construction and certification of the work will require structural expertise by a registered professional engineer. Staff is proposing hiring Lindahl, Browning, Ferrari & Hellstrom, Inc., to perform a "constructability review. of the design plans and to prepare the bid specification documents prior to performing the construction management and inspection services. This will insure quality control of the contract specifications and the construction management. The attached Work Authorization No.1 is with Undahl, Browning, Ferrari & Hellstrom, Inc., in the amount of $70,665.00. Funds are available in the Capital Budget under "Bridge Replacement and Repair," Account No. 316001-41133-599330-4312 FUNDS AVAIL.: 316001-41133-599330-4312 PREVIOUS ACTION: September 9, 1997 - BOCe approved Continuing Services Agreement for Construction Contract Management with Lindahl, Browning, Ferrari & Hellstrom, Inc. - '-" """"" ...... RECOM~E;NDA TIQN: Staff recommends approval of the attached engineering contract (Work Authorization No. 1 to the Agreement for Construction Contract Management) with Lindahl, Browning, Ferrari & Hellstrom, Inc., for engineering services related to the Keen Road over Belcher Canal (Co025) Bridge Replacement in the amount of $70,665.00, and authorization for signature by the Chairman. COMMISSION ACTION: K APPROVED [ ) DENIED [ ] OTHER: --Y Ix]Origin8ting Dept. Public Works / /w Coordnat'~~2 i [x)~. & Budget. . / . [xICo· Eng ~f~ ..Î (' [ ¡Purchasing [x}BudgetJRevenue B f'r tî [ )Finance (check for copy only, if applicable) keen25eg.wpd ....., ....." C2. WORK AUTHORIZATION NO.1 ENGINEERING SERVICES RELATED To Construction Management Professional Services Contract Contract Number: KEEN ROAD BRIDGE OVER BELCHER CANAL (C-25) Pursuant to that certain Agreement between St. Lucie County "COUNTY" and Lindahl, Browning, Ferrari & Hellstrom, Inc. (LBFH) "ENGINEER" for Engineering Services "Agreement", dated , the ENGINEER agrees to provide the Scope of Services described in Exhibit "A" for the compensation described in Exhibit B. All services provided under this Work Authorization No.1 shall be completed according to the schedule described in Exhibit C. IN WITNESS WHEREOF, the COUNTY has hereunto subscribed and the ENGINEER has affixed his, its, or their names, or name, on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. ~~M~~y:?!L+ f2L EN INEER )tL ¿~ WITNESSES: Print Name: Marty E. Sanders, P .E. Vice President Date: Page 1 of7 \\pc\projects\98-0328\ WorkAuthorizationNo.l Rev2-15-99.doc '-' """ EXHIBIT A SCOPE OF SERVICES ST. LUCIE COUNTY KEEN ROAD BRIDGE OVER BELCHER CANAL (C-25) The ENGINEER shall provide the following services for the project: I. SCOPE OF WORK The ENGINEER shall perform the necessary work on an authorized basis as requested by the COUNTY. It is envisioned that the work will be on a Lump Sum and Hourly Rate basis with Task 6 being performed on a "Not To Exceed" (NTE) basis for Construction Engineering Inspections for the St. Lucie County Public Works Department, Division of Road and Bridge, proposed replacement of Keen Road Bridge (No. 940036) over Belcher Canal (C-25, SFWMD), dated June, 1996, and prepared by Jenkins & Charland, Inc., Fort Myers, Florida. II. CONSTRUCTIBILITY REVIEW The ENGINEER shall provide a review of the project plans and specifications in order to identify discrepancies that may influence the construction and contract management improvements of the project. The results of this constructibility review will be presented to St. Lucie County in executive summary form with recommendations for betterment of the construction/bid documents. This effort is limited to one response to comments generated by County Staff. The current plans as prepared by Jenkins and Charland, Inc., are not intended to be revised, however, depending on recommendations developed through review, details may be addressed on a stand alone basis that shall become a part of the bid documents. These details shall be negotiated under separate amendment. III. BID PACKAGE PREPARATION The ENGINEER shall prepare and assemble documents required for contractor bidding including specifications, bid forms and addendums relating to those issues identified during the constructibility review. The COUNTY shall provide Microsoft Word data files including standard verbiage and forms required in the bid package. This effort is limited to one response to comments generated by COUNTY Staff. A computer data file shall be returned to St. Lucie County for their printing and distribution to prospective bidders and contractors. The ENGINEER shall also evaluate bids received by the COUNTY and make recommendations as to the award of the construction contract. Page 2 of7 \\pc\projects\98-0328\ WorkAuthorizationNo.l Rev2-15-99.doc '-" ....." IV. CONSTRUCTION SERVICES Task 1: Attend a pre-construction meeting for the project III conjunction with the selected Contractor. Task 2: Maintain on a daily basis a complete and accurate record of all activities and events relating to the project and a record of all work completed by the Contractor, including quantities of pay items in conformity with executed construction agreement. Analyze major problems that arise on a project and prepare a recommendation to the County Engineer. Task 3: Analyze the Contractor's schedule (CPM and/or bar chart) and make recommendations to the County Construction Project Manager as to the logic of the submittal, i.e., are the duration and sequences logical and in accordance with the original sequencing of the contract plans. Make recommendations as to the acceptance of the baseline schedule and subsequent updates; assure all are included into contract work schedule. Monitor Contractor's work progress and maintain current as-built work schedule. Make recommendations to Project manager about time extensions, additional work, and Contractor's delinquency. Task 4: Maintain a log of all materials entering into the work with proper indication of the basis of acceptance of each shipment of material. Task 5: Maintain records of all sampling and testing accomplished and analyze such records required to ascertain acceptability of materials and completed work items. The field reports for records of work and testing results shall be submitted within one (1) week. Task 6: Construction Observation - Provide resident construction observation (Approx. 40 hours/week for 120 days construction) as required to reVIew conformance with the plans and specifications. Task 7: Review monthly pay requests and make recommendations for payment. Task 8: Shop drawings/sampling submittals and approvals shall be tracked. Tracking shall include maintaining cognizance of the status of each submittal as it progresses through review and approval. The Consultant shall actively encourage all reviewers to accomplish reviews promptly. Task 9: Assist with coordination between the Contractor and Utility Companies such that conflicting utilities are removed, adjusted or protected in-place in a timely manner to minimize delays to construction operations. Documentation will be maintained in accordance with the County procedure. Page 3 of7 \\pc\projects\98-0328\ W orkAuthorizationNo.1 Rev2-15-99.doc '-' ....., Task 10: Conduct and document field reviews of the maintenance of traffic operations after normal working hours, weekends and holidays, if required. 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V) o o 0\ .". N ;. 0) 0:: Ó Z c: .9 õî N ~ :; -<: -i:: o ~ 00 N M 9 00 S'è tJ <.) <.) .~ 3- <.) C- o::; .....¡ -< E- O E- '-' ....".I EXHIBIT B2 COMPENSATION TO THE ENGINEER For the services set forth in Exhibit A, the fee compensation to the ENGINEER shall be as set forth herein. The term "Lump Sum" (L.S.) indicates that the tasks specified will be performed for a fixed fee. Specified Time and Expense (T.& E.) tasks will be performed on an hourly basis in accordance with the fee schedule set forth in Appendix "A" and the fee shown is an estimated budget figure only and could vary either higher or lower than the budget estimate. CONSTRUCTIBILITY REVIEW (Task 60) ................................$ 8,020.00 (LS) BID PACKAGE PREPARATION (Task 61) ................................$ 7,780.00 (LS) CONSTRUCTION SERVICES (Task 63).....................................$54,865.00 (T&E) TOTAL SERVICES ............................ ........................................... .$70,665.00 \\pc\projects\98-0328\ W orkAuthorizationNo.! Rev2-!5-99.doc Page 60f7 '-' ....." EXHIBIT C TIME SCHEDULE For the services set forth in Exhibit A, the schedule for completion of the construction services shall be 120 calendar days form the issuance of the Notice To Proceed to the Contractor. The schedule for completion of the Constructibility Review shall be fourteen (14) calendar days from COUNTY notification to proceed. The schedule for completion of the Bid Package Preparation shall be fourteen (14) calendar days subsequent to resolution of identified construction plan detail issues and preparation of those details. \\pc\projects\98-0328\ WorkAuthorizationNo.l Rev2-15-99.doc Page 70f7 ..... '-' AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PUBLIC WORKS DEPT-ROAD & BRIDGE DIV SUBJECT: ~EM NO. C-3A DATE: APRIL 6, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PR?I.E ENTED BY: ~.~ P. M. Bowers, Manager Road & Bridge Division Request for a laser jet printer to handle additional work load at the Road & Bridge Division's main office. BACKGROUND: The Road & Bridge Division has increased it's workload on the laser jet printer currently in the main office. All of the driveway permits are now computer generated and consist of a minimum of 4 pages each. Last year we issued 183 permits. On a daily basis there are numerous letters generated to citizens and county employees from this printer. Additionally, other letters and memorandums are prepared and distributed to areas where we will be doing maintenance. These are done for every resident in a given area that will have work done. This has helped to keep our citizens informed of work before the crews start digging and has reduced the number of phone complaints. The cost for the new laser jet printer will be $1425.00, see the attached quote from Automated Services. FUNDS AVAilABLE: 1 01-411 0-564000-400 PREVIOUS ACTION: N/A RECOMMENDA TION: Staff recommends the Board approve the purchase of the new laser jet printer for the Road & Bridge Division. (EQ9 9- 2 05 S EE ATTACHED) C MISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: Do gla . Anderson County Administrator [ ] County Attorney: [X] Mgt. & Budget: [ ] Co. Eng: [ ] P W Budget Coord. (Check for Copy to Finance only, if Applicable) IXIP,",,,';" ~ [X] Road & B¿ge/PrOjMgr.1<~ · .. '-" C3A ~ COMMISSION REVIEW: APR IL 6, 1999 ROAD & BRIDGE DIVISION MEMORANDUM TO: FROM: Board of County Commissioners Road & Bridge Manager ~ DATE: APRIL 6,1999 SUBJECT: Purchase of Laser Jet Printer for Road & Bridge Division BACKGROUND: All work requests from citizens and other departments are generated for three Division Sections from this location. Because the existing printer cannot be upgraded to two paper trays, we are proposing to install a new multi-tray printer for work orders and memos and will relocate the existing printer to the Driveway Inspector's office. This will increase the efficiency of our staff. The printer can be purchased with funds already in the capital account. These funds were not required due to the lower than estimated cost of the hydraulic truck conveyor (EQ99-147). The cost for the new printer will be $1425.00, see attached quote from the Automated Services Department. RECOMMENDA TION: Staff recommends the Board approve the purchase of the new laser jet printer for the Road & Bridge Division. See attached equipment request EQ 99-205. agenda.req99 Computer Quote Date 03/11/99 89901104201 Lucie County Automated Services o Virginia Ave Þierce, FL 34982 USA elephone: 561/462-1681 Quote HP4000 HP 4000TN dual bin printer w/16mb 1425.00 1425.00 Total Order This is a Issue a purchase send an Invoice for submission to Finance for will Print Date: 03/11/99 9:43 AM Customer Original Page 1 .... "C 3: m z -I ::0 m D ;t!: rn o <0 <0 , N a 01 1:1 §j r- Õ ð ~ (I) en :-I mï DC c9 ;:¡m 3!:O mO zc """"z ~::! DW CO m» en::o > ::0 """"0 () m ""nO () () O""n 0 0 c: 3: ::00 z 3: :!!O -I m enC z z c: c Oz 3: m ~::! OJ c m -<0 ?? mO »3: ::03: ..do _ CD en CD en co- 10 ..... ~Z a m ..... , ::0 -I'>. ..... en ..... a , 01 0'> -I'>. a a a , -I'>. a a AGENDA REQUEST EM NO. DATE: APRIL 6, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] SUBMITTED BY: TO: BOARD OF COUNTY COMMISSIONERS P. M.Sowers, Manager Road & Bridge Division SUBJECT: Request for a computer from the Road & Bridge Division's main station (PR#402993) stolen BACKGROUND: A complete computer system was stolen from the main Road & Bridge Division's Office on the night of 3-3-99 (see attached accident report). It had been disconnected and was sitting on the office floor ready for relocation to the Maintenance Foreman's office in the County Barn. The new replacement computer work station will be a basic system from Automated Services (see attached quote). The funding from the Capital account will be reimbursed by Public Safety through the County Reimbursement Insurance Program. Funds and they are now available to cover the initial cost of this replacement system. FUNDS AVAILABLE: 1 01-411 0-564000-400 PREVIOUS ACTION: N/A RECOMMENDA TION: Staff recommendslheBoardapprove.lheþurchaseofaiGomputer work station for the Road & Bridge Division (EQ99-207 - See Attached). CE: COMMISSION ACTION: [~ APPROVED [ ] DENIED [ ] OTHER: [X] Public Works Dir: [X]Purch . [ ] County [X] Mgt. & B [ ] Co. Eng: [X] Finance-Contract: COpy Only [ ] P W Budget Coord. (Check for Copy to Finance only, if Applicable) - £) c:: ;; .a: m z -t " m £) ~ Iì1 o (0 (0 I I\) o '.J » (') (') o c:: Z -t Z c:: a: OJ m ?? » " "tI m "tI (') ~ ~ m a: ~ ~ C m ~ .... o .... I ~ .... .... o I 01 0) ~ o o o I ~ o o ~ (¡j ì:J §5 t- O ~ :::tJ @ en ~ mï oC Cº ::;m gn mO ZC -4Z ;:0-4 m-< om CO m» tn;:o -40 "'0 0." ;:On !!o tnc nz »-4 ï-< -<n mo »3: ;:03: ..... - <Den <Den O()- 10 ~z m ;:0 en Computer System QUQte Quote Date 03/09/99 9901101601-A t. Lucie County Automated Services 300 Virginia Ave ort Pierce, FL 34982 USA elephone: 561/462-1681 Quote For: Public Works - Road and Bridge PCPENT PC\Pent\32mb\2gbHDD\3.5\FDD\NIC\VGA\Win95 CDROM CD Rom 885.00 885.00 55.00 55.00 Total Order a issue a purchase order to Automated send an invoice for submission to Finance for Print Date: 03/09/99 9:20 AM Customer Original Page 1 · . , ......" STOLEN PC ON ]·4·99 ST. LUCIE COUNTY PURCHASING DEPARTMENT PROPERTY AQUISITION/DISPOSITION/TRANSFER FORM '-' TODAY'S DATE: 3-5-99 1. INVOICE DATE (if new purchase): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (if new purchase): 101-4110-564000-400 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # (Transferring from): 4. LOCATION CODE (dept. transferred from): Road & Bridge Division 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (if transferring or disposing 0/): PR# 40-2293 Stolen/rom Maintenance Office - 4110 6. YEAR ACQUIRED (if transferred/donated/traded,etc.): 9-26-95 7. COMMODITY CODE USED ON PURCHASE ORDER(if new purchase): 8. COMPLETE DESCRIPTION OF COMMODITY: Hard Drive. Monitor. Kevboard 9. MAKE: Personal Computer I.2G Hardrive 16 Meg Memory 15" Monitor NET Card 10. MODEL NUMBER: 486DX4-100 11. SERIAL NUMBER: 0136690 12. METHOD OF DISPOSAL (if disposing ofijullk, surplus, sold, traded, lost, etc.): PC Stolen on 3-4-99 ~ì6~.t.v/ (DEPARTMENT HEAD OR AUTHORIZED PERSON ONLY) THIS FORM IS TO BE USED FOR ALL CAPITOL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND ON TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU'LL NEED TO CALL THE VENDOR. (THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO KATRINA IN PURCHASING. - IN\.4AL NOTIFICATION REP~T OF ACCIDENTS & TRANSMITTAL TO: ST. LUCIE CO. PUBLIC SAFETY FROM: ROAD & BRIDGE DIVISION REPORT NO. 9900129 Office NAME OF PERSON ACCIDENT REPORTED TO: NOTIFIED PUBLIC SAFETY PERSONEL: NAME: Mary Powell DATE: 03/05/99 TIME: 10:30 am NOTIFIED PERSONNEL FOR TESTING INSTRUCTIONS: NAME: DATE: 1 1 TIME: LOCATION FOR TESTING/MEDICAL TREATMENT: N/A NAME OF PERSON MAKING REPORT: Dewey Hudman TITLE: Project Cord. EMPLOYEE MEDICAL RELEASE I, R&B Office do not wish to seek medical attention at this time. Should I need medical attention at a later date, concerning this incident, I understand that I will notify R&B Office Signature of Employee Witness Date Copies to: Personnel I Risk File at Dept. Employee Original to: Public Safety Report IWC-1 ~ ...." ST. LUCIE COUNTY SUPERVISOR'S INVESTIGATION REPORT The unsafe acts and unsafe conditions that cause accidents can be corrected only when they are known specifically. It is your responsibility to find them and name them and to state the remedy for them in this report. EMPLOYEE: R&B Office DIVISION: Public Works -- Road & Bridge DATE OF ACCIDENT: 03/05/99 TIME OF ACCIDENT: 10: 20 am REPORT NO. 9900129 DEPARTMENT: R&B Office LOCATION OF ACCIDENT: 3071 Oleander Ave Ft. Pierce 34982 R&B Office DESCRIBE INJURY AND/OR PROPERTY DAMAGE: Complete computer system stolen. Property Number 40-2993 DESCRIPTION OF ACCIDENT: (Be Specific) The complete computer system was removed from Dewev Hudman's office sometime between 3-3-99 and 3-4-99. ThA r.omp1JtAr h~rl hAAn rlisr.onnAr.tArl ~nrl w~s sitting on thA floor ~nrl w~s first notir.Arl to hA missing ~ro1Jnrl 1 PM on 1-4-gg. Tt w~s sr.hArl1J1Arl to hA rAlor.~tArl to thA ForAm~ns Offir.A on l-')-gg AftAr r.onfArring with thA Al]tom~tArl SArvir.As pAoplA on l-')-gg . it w~s rlisr.ovArArl th~t thAY h~rl not sAAn or t01Jr.hArl thA r.omp1JtAr in q1JAstion UNSAFE CONDITION: No alarm system in buildinq. UNSAFE ACT: N/A REMEDY: Called 911 to report the loss. Will put the cost for a alarm system in next budqet ,this has been discuss d wi h the R&B Mana er. '\H\.- APPROVED DATE PREPARED: 03/09/99 P. M. Bowers, R & B Mgr SUPERVISOR: Report SAF-1 , ImmedIately after an accident, fill out th~. ~ ST. LUCIE COUNTY LOSS REPORT, PROPERTY I ~~D< FOR DAMAGE TO YOUR OWN PROPERTY NAME OF COMPANY / CLIENT LOCATION SLC Road and Bridge Division ADDRESS 3071 Oleander Avenue LQGMIQN OflLeossa n de r JUtl u Avenue, fort Pierce, FL 34982 DATE OF LOSS TIME OF LOSS Unknown ZIP 34982 CITY Fort BUILDING AND/OR CONTENTS DETAILS OF LOSS Sometime between 4:00 P.M. pn 3/~/99 and 7:00 A.M. 3/4/99 it was noticed that a comp e e compu er sys em was mlsslng. s lr s oug a e u oma e erVlce eo le took com uter over to the other office where the com uter was to be installed. fter conferring with the Automated Service people on 3/5/99, it was discovered that the CARGO NAME OF DRIVER OWNER OF VEHICLE DESCRIPTION OF VEHICLE" INCLUDE MAKE. MODEl, YEAR, SERIAL NO. BOILER. MACHINERY DETAILS OF LOSS EMPLOYEE DISHONESTY NAME OF EMPLOYEE DATE OF EMPLOYMENT JOB TITLE ROBBERY OR SAFE BURGLARY CULPRIT APPREHENDED - EXPlAIN POUCE AUTHORITY INVOLVED - EXPlAIN ATTACH SUPPORTING MATERIAL - POLICE REPORT - NEWSPAPER ACCOUNT, DETAILS OF CLAIM, ETC. SUMMARY (HOW LOSS OCCURRED AND DAMAGE EXTENT) ATTACH SUPPORTING MATERIAL. Am AVAIlABLE REPORTS, NEWSPAPER ACCOUNT, PICTURES. REPAIR ESTIMATES OR BILLS. ETC. See above explanation. March 5, 1999 DATE Manager SAF-4 NOTE: US!_ f~[vEHSr SID! II /ìU[)ITIU'"ìl l.:,f'ìC! IS \111)1 [) '-'- ..."" 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'" '" 0 0 0 In 0 .. 0 0 w '" 0 0 '" '" .. .. .. 0 0 0 0 0 0 0 0 0 0 0 ;,. 0 0 0 0 ;,. ¡., ;,. 0 ¡j 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '" ~ ~ , 1-- ~ '-' AGENDA REQUEST '-ITEM NO. C-3c DATE: APRIL 6, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS ~~ P. M. Bowers, Manager Road & Bridge Division SUBMITTED BY: PUBLIC WORKS DEPT-ROAD & BRIDGE DIV SUBJECT: Bid Waiver & Sole Source declaration for the supply of plastic liner pipe from Metal Culverts, Inc. BACKGROUND: The Road & Bridge Division has to replacelrepair about 600 linear feet of culvert pipe along the south side of Pensacola Road in Lakewood Park Subdivision. The conventional method would require 600 linear feet of 18" c.m.p. pipe, 30 gasket bands, open cutting of Kings Highway and 5,000 sq. ft. of sod. This would take about 20 days with a 6 man construction crew. By purchasing the plastic liner pipe, we can reduce work and expenses to 600 linear feet of plastic liner pipe and 400 sq. ft. of sod. This can be completed in about 6 days with the 6 man construction crew and a savings of $16,000. FUNDS AVAILABLE: 101-4108-553200-400 PREVIOUS ACTION: N/A RECOMMENDA TION: Staff recommends the Board approve the Bid Waiver and Sole Source declaration for the purchase of plastic liner pipe from Metal Culverts, Inc. [ ] DENIED ENCE: ---- sM. Anderson ty Administrator Coordination/Sianatures [ ] County Attorney: Øt/ [ ]Mgt. & Budget: [ ] Co. Eng: [X] Po""''';'. {ß ~ [X] Road & Bridge/ProjMgr. [X] Public Works Dir: [X] Finance-Contract: CODY Onlv [ ] P W Budget Coord. (Check for Copy to Finance only, if Applicable) ,. i' '-' "-tI Renovation of Drainage on Pensacola Road Conventional Method 600 LF of 18" dia CMP @ $6.04/ft $ 30 Gasket Bands @ $15.10 ea 2 Catch Basins w/grates @ $500.00 ea Remove & replace 6 concrete driveways w/pipes @ $1,500.00 ea Open cut Kings Highway & restore w/rock & asphalt Restore sod - 500' x 10' = 5,000 SF Subtotal Time duration of 20 +or- working days for a 6 man construction crew @ $858.58 per day ro~L $ Plastic Liner Method 600 LF of plastic liner for 18" pipe @ $18.00/ft 2 Catch Basins @ $500.00 ea Restore sod 2(10' x 20') = 400 SF Subtotal Time duration of 6 +or- working days for 6 man construction crew @ $858.58 per day TOTAL 3,624.00 453.00 1,000.00 9,000.00 1,000.00 1.000.00 16,077.00 17.171.60 33,248.60 $ 10,800.00 1,000.00 100.00 11,900.00 $ 5.151.48 17,051.48 /'1 "-' ~ ,,,., ,_·_··~·_r ..~ - .-- '-" AGENDA REQUEST ~EM NO. C-3D DATE: APRIL 6,1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PUBLIC WORKS DEPT-ROAD & BRIDGE DIV P4:E EN. TED BY: f4 .f~__ P. M. Bowers, Manager Road & Bridge Division SUBJECT: Request permission to purchase used motor road grader to fill equipment request (EQ99-141). BACKGROUND: The Road & Bridge Division has found a used motor road grader that can be bought for $86,000, a substantial savings over a new one. Per St. Lucie County Purchasing Manual, Section 5.5, Paragraph (a)(3) the Board of County Commissioners can waiver the requirement for formal sealed bids if used items are available which would result in a substantial savings over purchase of new items. This piece of equipment is a 1994 Cat Model 120G with approximately 6600 hours on it. It has an enclosed cab, lights and a 14 foot blade. If this motor grader is not available after Board approval, permission is requested for the Road & Bridge Division to purchase a used motor grader from auction, surplus depot or equipment dealer for up to the amount approved in the budget with the approval of the County Administrator. FUNDS AVAILABLE: 101-4110-564000-400 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve the purchase of a used motor grader to fill equipment request EQ99-141 (attached). CO MISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: IX] Public Works Dir: JP'L IX] Mgt. & Budget: . I ] Co. Eng: [X] Po","..;", :£ [X] Road & Bridge/ProjMgr. . I ] County Attorney: IX] Finance-Contract: CODY Onlv I ] P W Budget Coord. (Check for Copy to Finance only, if Applicable) , ,-,. QUOTATION ~)p Inquiry No From NATHAN W SENTER 725 SW DORCHESTER STREET PORT ST. LUCIE FL 34983 Date Terms Prices quoted are F. O. B. ORLANDO , FL r To ST. LUCIE COUNTY 3071 OLEANDER AVENUE FORT PIERCE FL 34982 I Delivery ST LUCI E COUNTY L ..J We are pleased to quote as follows. Your inquiry Quantity Description Price Amounf 1 CATERPILLER 120G S.N. 87V09893 CAB 14 FOOT MOLDBOARD, LIGHTS MACHINE WILL NOT HAVE SCARFIER SEE VIDEO OF MACHINE FOR ADDITIONAL INFORMATION.) 86,000 (. t. S...inol. '0... 597 By. fJ) n:: w zen O~ - co fJ)en fJ)en - - :En:: :E« Ow 0)- ~..J Z« ::>0 O!:!! ou. u.n:: O~ 01- n::fJ) «w 0::> mO ~~ ZI- ::>Z OW 0:E w~ -::> °0 3w ...= fJ) ... ~ o >- CI:I I- ::> C/) ~ ~ ë w c Z ë w w :E > :E 0 o 0:: o D.. W D.. 0:: c( CI) LU ~ <.!> 0:: a ~ gs o að ::J a § ð Q. 0:: - - ß CI) S> UJ 0:: o <: ¡:.: Z w :E ~ ~ c( Cñ D.. :> ~ ë ..... Q) Q) (,) <:( ea t:: .S . .t:: ea ~ CI).....t:: 0 -g '§ ~ E o fI) ·S '0 Q) Io;;.~eaea.t:: 1:::.8~0"", ._ (,) I;, 0 "öroQ)Q)..... 5':::;££'0 0C\ Q)'ê5~~ 'ê5 -g ~ Q) .~ ~ Q)ea~~~õ . S fI) (,) .t:: ea '- "ö Q5 .S ~ Q) 0 ~'O'O::J..Q,... Q) ~ t:: 0..::;:: 0> '0 Q) ea Q) ~ 0> ea fI).t:: ,... 0'0 ~""'Q)':::::: l;,ea.8.t::f'-,.ea Q) e ~ ~~ ,... ID .t::,-~ C\ 1o;;. .....0..... C)ea ~Õ~CI)~~ eaEQ)t::a::.8 ~~£~Q..(,) (,)........:o:;~~ .S 0 0 'õ 0> ..... 0Q)Q),-0>g> ..... CI) t:: ::J (\') ._ CI)::Joo_~ 'tjQ)Q)E~o ~£~eoE o-.t:: Q. 0,.;: ~ Q) ~~~-gt:::§ ..... OCl) \J '0 ::::: ea CI) '- ~ Q) '§ E ::J ~ .~ ~ a; ~ ~ Q) IDã.'O'Ou...':: Io;;.E~Q)~ ~oQ)CI)Q)~ :;:: eaCl) t::g'O~CI)~ ~eaea(,)eao ~ .~ e .S ~ E 0<Ì>~Q)~~ (,) (,) Q) £ 0> ~. CI)'~ t:: 0 ,... ~ .ê Q) .~ ..... ea e CI) .:: '0 ~ Q) § Q) t:: '- t:: :0:; t:: . 8..8 :0:; á3 ~ ~ ~ ~ .~ CI)~eal;,.:::;Q) Q) Q):Q .8 1:: t:: (,)'0>< IDea t::eao~t:Q) eae..Q~::JCI) <5Q)Q)..Q(,)::J ..... .t:: Q.. ea Q) '0 .S ..... ~ _CI) .t:: t:: ea1::-t::~ea ~ Q) .~ .0 Q) CI) Q)CI)á313'O~ ,.c:~0..Q)~~ ¡...:: 0.. CI) CI) Q) (,) 'wi C> C> ~ o C> C> ~ <0 \0 o ,... ,... ~ I ,... C> ,... ~ w m :E :J Z I- Z :J o o o c( t· ,... ~ ,... I 0> 0> o LU :it a w 0:: I- Z w :E e: :J a w AGENDA REQUEST '-' 3 ITEM NO. C~E DATE: APRIL 6,1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] '-" TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: ROAD & BRIDGE DIVISION-TRAFFIC . Scott Herring, R. Traffic Operations Engineer SUBJECT: To establish a 45 mph speed limit on Orange Avenue 2580 feet east and west of the Bridge Over the C-24 Bridge (Bridge # 940032). BACKGROUND: On March 9, 1999 the Board awarded the Bid for the replacement of the Bridge over the C-24 canal on Orange Ave. As part of the construction a temporary bridge will be constructed while the existing bridge is replaced. Due to the time necessary to construct the bypass bridge and the deteriorating condition of the bridge it is necessary to reduce the existing speed limit in the vicinity of this bridge from 55 mph to 45 mph. This reduction in speed limit will only be in place until such time as the Board accepts the completion replacement and releases the retainage. FUNDS AVAIL.: N/A PREVIOUS ACTION: Award of Bid Board Agenda March 9,1999, Item C-2-C. RECOMMENDATION: Staff recommends that the Board adopt Resolution Number 99-90 establishing a speed limit of 45 mph on Orange Avenue 2580 east and west of the centerline of the Bridge over the C-24 Canal (Bridge # 940032). [ ] DENIED {X]Co,"" Altom" ~ I7r- / [X]Originating Dept. Public Works If ß/ D u sM. Anderson County Administrator Coordination/Sianatures [ ]Purchasing [X]Other P. M. ~Road & Bridae Manaaer [ ]Mgt. & Budget [X]Co. Eng ~ ~ (" (check for copy only, if applicable) [ ]Finance [ ]Other ( ~ "-'. t "t>b COMMISSION REVIEW: APRIL 6, 1999 ROAD & BRIDGE DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Road & Bridge Manager Traffic Operations Engineer,pl-- VIA: DATE: April 6, 1999 SUBJECT: Establish a 45 mph Speed Limit on Orange Avenue 2580 ' East & West of the Bridge Over the C-24 Bridge (Bridge # 940032) BACKGROUND: On March 9, 1999 the Board awarded the Bid for the replacement of the Bridge over the C-24 canal on Orange Ave. As part of the construction a temporary bridge will be constructed while the existing bridge is replaced. Staff received a letter from Kisinger Campo & Associates recommending that the speed limit be reduced on the existing bridge. Any changes in speed limits require Board approval. Due to the time necessary to construct the bypass bridge and the deteriorating condition of the bridge it is necessary to reduce the existing speed limit in the vicinity of this bridge from 55 mph to 45 mph. This reduction in speed limit will only be in place until such time as the Board accepts the completion replacement and releases the retainage. RECOMMENDATION: Staff recommends that the Board adopt Resolution Number 99-90 establishing a speed limit of 45 mph on Orange Ave 2580 east and west of the centerline of the Bridge over the C-24 Canal (bridge # 940032). agenda.req.99 þ, ~ ....,. RESOLUTION NO. 99-90 A RESOLUTION ESTABLISHING A SPEED LIMIT OF FORTY-FIVE (45) MILES PER HOUR FOR ORANGE AVENUE A DISTANCE OF 2580 FEET EAST AND WEST OF THE BRIDGE OVER THE C-24 CANAL (BRIDGE # 940032) IN ST. LUCIE: COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations, 1. Section 316.008(1){a), Florida Statutes, authorizes the Board to designate any intersection under its jurisdiction as a stop intersection. 2. On March 9, 1999 the Board awarded the Bid for the replacement of the Bridge over the C-24 canal on Orange Avenue. As part of the construction a temporary bridge will be constructed while the existing bridge is replaced. Due to the time necessary to construct the bypass bridge and the deteriorating condition of the bridge it is necessary to reduce the existing speed limit in the vicinity of this bridge from 55 mph to 45 mph. This reduction in speed limit will only be in place until such time as the Board accepts the completion replacement and releases the retainage. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County Florida: 1. A speed limit of forty-five (45) miles per hour is hereby designated for Orange Avenue a distance of 2580 fel~t east and west of the bridge over the C-24 canal (Bridge #940032). 2. The St. Lucie County Road and Bridge Manager is hereby directed to erect speed limit signs, forty-five (45) miles per hour for Orange Avenue a distance of 2580 feet east and west of the bridge over the C-24 canal (Bridge # 940032). .-..,.. ....., 3. The County Administrator is hereby directed to provide copies of this resolution to the Sheriff of St. Lucie County and the St. Lucie County Road & Bridge Manager. 4. This resolution shall automatically expire upon acceptance of completion of the bridge replacement by the Board and the release of project retainage. After motion and second the votle on this resolution was as follows: Chairman Paula A. Lewis Vice Chairman John D. Bruhn Commissioner Cliff BarnE!S Commissioner Doug Coward Commissioner Fran Hutchinson PASSED AND DULY ADOPTED this 6th day of April, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY .. ... ...... ..", AWmDA REOUEST ITEM NO. C- If DATE: April 6,1999 REGULAR [] PUBLIC HEARING [] CONSENT [X] SUBMITTED BY (DEPT): Human Servic:::es PRESENTED BY: Beth Ryder, Manager g;:t TO: BOARD OF COUNTY COMMISSIONE]~ SUBJECT: Certificate of Participation for the Drug Control and System Improvement proqram (Edward Byrne) Grant for 1999-00 from the Department of Community Affairs. BACKGROUND: Since 1991 St. Lucie County has served as the coordinating unit of government for allocation of :funds from the Federal Drug Control and System Improvement Program. This grant is used by the Police Departments of Fort Pierce, Pori: St. Lucie and the Sheriff's Office. FUNDS AVAIL. N/A PREVIOUS ACTION: None for FY99/00. RECOMMENDATION: Staff recommends the Board authorize the Chairman to sign the Certificate of Participation for: the Federal Druq Control and System. Improvement Proqram. COMMISSION ACTION: [v) [ ] APPROVED OTHER: [ ] DENIED ou las M. Anderson County Administrator County Attorney:_X y Coo...u,patj,!!DI Si_t=-ø Management & Budget :_X 'J~ Purchasing: Other: Originating Department: Finance: Check for Copy only, if applicable __X ____- .. '-' ....." ~-'-I HUMAN SERVICES MEMCIRANDUM # 99-41 FROM: Board of Coun~( Commissioners Beth Ryder, Human Services Manager~ TO: DATE: Drug Control and System Improvement Program (Edward Byrne) Grant for 1999-00 from the Deparbnent of Community Affairs. April 6, 1999 SUBJECT: The Department of Community Affairs notified Sl Lucie County that the county's allocation for 1999-00 of Federal [)rug Control and System Improvement Program (Edward Byrne) funds is $218,843. This grant requires a local 25% match. St. Lucie County, in cooperation with the cities and the sheriff, has utilized these funds since 1991 for various proSlrams including targeting both the youth in the schools through the Dare program and inmate drug offender programs at the jail and purchase of equipment. A Certificate of Participation must be signed and returned within 30 days from the date of receipt of the deparbnent's notification of these funds in order to reserve the right to make application. This cEtrtificate is not a final commitment for the funds and staff will be meeting with the cities and the sheriff to plan for the best distribution of these dollars. STAFF RECOMMENDATION: Staff recommends the Board authorize the Chairman to sign the Certificate of Participation for the Federal Drug Control and System Improvement Program. '-' ......, . STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS JEB BUSH Governor "Helping Floridians create safe, vibrant, sustainable communities" JJ1!1/QCj STEV': Dear Ms. Lewis: , ";'; -;-,:¡,- -;;-') ~ n l r >' I:' :!: ¡ .,; :~1 1011 : L. ,---------.---.(.::., I ; ;:, . r I ¡ U 'I:! MAA I tl ~ ;, l,~~.:. . -- L - . co. ADt/.IN. OFFICE J r""\ . º1~M~~50:~ n JJ March 15, 1999 The Honorable Paula A Lewis Chairman, St. Lucie County Board of Commissioners 2300 Virginia Avenue Fort Pierce, Florida 34985 The state of Florida anticipates an award of federal Drug Control and System Improvement Program (Edward Byrne) funds for State Fiscal Year ~OOO totaling $14,670,332, which may be used by local units of government to implement Iocaf drug control and system improvement pr~iects designed to reduce the production, transfer and use of controlled substances, reduce the incidence of drug-related violent crime, and make improvements to the criminal juetice system. Based on the provisions of Rule Chapter 9B-61, F . which governs the administration of these grant funds, [)epartme of Community Affairs, Bureau of Community Assisbance, has all $218843 these funds for use by all units of government within St. Lucie County. T Program Announcement and Rule Chapter 9E1-61, FI . can be acœssed from our website at httD:llwww.state.fI.uslcomafflhcdlprogramsldcsiDlindex.htm. Obviously, these funds are not sufficient to meet the total needs of each unit of government within the county. Themfore, Rule 9B-61.008, Florida Ad~ Gpde, requires that, as a condition of participation in this program, the units of ~ in each county reach consenaus concerning the expenditure of these funds, including the project{s) to be implemented and the, agency responsible for such implementation. Developing such consensus wi" require someone to exercise leader:ahip and assume a coordinating role in the development of an application{s) for these funda. -!he de2aJt..roent requests that the þoard of co_~n_ty commissioners aS~lJ~~ this r~. "'Tease complete the enclosed Certification of Participatlon-arnfretum it to Clayton H. Wilder at the Bureau of Community Assistance as soon as possible, but not later than 30 days from the date of receiving this correspondence. . - -=- 2555 SHUMARD OAK BOULEVARD· TAllAHASSEE, FLORIDA 32399-2100 Phone: (850) 488-8466/Suncom 278-8466 FAX: (650) 921-0781/Suncom 291-0781 Internet address: http://www.state.fl.us/comaffl HOttlO" KfYS ^rf!~ of Critical St~lt" Conct"rn fif'ld OH (f> 279(, O\'l"f<'P')<; Hi~hwdY. Suitt> 212 GHEN SWAMI' ^,eJ of C,~ic.1 SlOW Concern F;"Id ()I;œ 20~ Last M,¡in Str~1. Su" 1()4 ~. ...." The Honorable Paula A. Lewis March 1S, 1999 Page Two Program details are contained in the application kit that will be sent to the individual assigned to coordinate this activity. Additionally, if you are working in a Windows environment and use Corel WordPerfect 8.0 for Windows, you may include a diskette with the Certification of Participation and the application package and required forms will be copied to the diskette and sent to the County Coordinator along with the hard copy. We look forward to working Wiith you. If you have any questions or if we can provide you with any assistance, pleil88 contact Mr. Clayton H. Wilder, Community Program Administrator, Ms. Colleen Matthews, or Mr. Dennis Pritchett, Planning Managers, at 850/488-8016. Sincerely, I '-~?///Æ~ Rosa M. Morgan, Chief Bureau of Community AMistance RMM/CMlam Enclosures cc: Mayors in County Law Enforcement Agencies project Directors '-' ......, CERTIFICATION OF PARTICIPATION Mr. Clayton H. Wilder Department of Community Affairs Division of Housing and Community Development Bureau of Community Assistance 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Dear Mr. Wilder: This is to inform you that the Board of County Commissioners _ Accepts _ Declines the invitation to serve as the coordinating unit of government in the Department of Community Affairs' Drug Control and System Improvement Program (Edward Byrne). For purposes of coordinating the preparation of our applialtion(s) for grant funds with the Bureau of Community Assistance, we have designated the foIowing person: Name: Title: Agency: Address: Phone #: Sincerely, Chairman, Board of County Commissioners '-'" '...I Drug Control and Syst:em Improvement Formula Grant Program (Edward Byrne Memorial State and Local A66i6tance Program) Introduction The State of Florida, Department of Community Affairs (DCA), has available from the United States Department of Justice $14,670,332 in local share Drug Control and System Improvement Formula Block Grant funds. Local governmEmts applying for these federal funds must use them to implement local drug control and system improvement projects designed to reduce the production, transfer and use of controlled substan<:es, reduce the incidence of drug-related violent crime, and make improvements to the criminal jU!stiœ system. Applicants must supply no less than 2S percent of a project's cost in cash from non-federal funds; however, Indian Tribes are exempt from this matching requirement. These matching funds must be funds that would not have been available for drug control and system improvement efforts in the absence of federal funds; that is, they must represent an additions/local effort in addressing the drug abuse problem. Rule Chapter 98-61, Florida Administrative Code (F.A.C.), governs program administration and funding. Local governments should thcÞroughly review rule provisions before applying for subgrant funds. Pro9ram Strategy and Purpoa.. This program uses a balanced stratesJYof prevention, education, rehabilitation, treatment, law enforcement and criminal justice subgl'ant funded projecIII in its effort to red...".... hur.-'I autIering aasociated with drug abuse and drug-r.....d violent crime. Projects must comply wilt federafIy authorized program areas identified in :1t8te ruNt and fNIY provide personnel, equipment. tnIining, technical assistance and information systems (See Chapter 98-61.007 , F.A.C.). Program DeveloDment Federal and state funds cannot meet all local drug control and system irr.prav.m.llt needs. Therefore, this program requires maximum coordination among all units of government. For these reasons, the DCA allocates by rule at sum of money to eech county for the use of all local governments within the county. The clepartment requests a county board of œmmillioners to coordinate all local governments within the county to: . Define local drug problems and drug-related viotence, and describe current efforts to control them (including pre'vention, educ8tion. rehabilitation, treatment, I8w enforcement, and criminal justice activities); . Identify additional resources needed to address drug control and system improvement issues; SFY 2000 Prr:J4rllm Announcement '-" -.,,; Drug Control and System Improvement Formula Grant Program (Edward Byrnt: Mt:rnorial Statt: and Local Assistanct: Program) · Develop subgrant funded projE~cts to provide additional resources; · Identify local government agendes and service providers to implement projects; and, · Ensure that local governments within a county agree on projects receiving subgrant funds. To accomplish these tasks, the department encourages each county to appoint a substance abuse policy advisory board. Board membe!rs represent all components of the criminal justice system (law enforcement officers, prosecutors, public defenders, judges, and corrections officials), the education system, and the treatment system [See Rule 9B-61.008(2)(A), F.A.C.]. Each county is also encouraged to designate an oiffice of substance abuse policy to: · Develop a countywide drug control and drug-related violent crime strategy (including short-range and long-range plans); · Coordinate local government a!iJ8ncies in implenw1ting the strategy; · Prepare and submit subgrant project applicati0n8 ....... upon by at least 51 percent of local units of government representing at feøt 51 percent of the county population; and, · Administer subgrant funds and monitor project activities. The department strongly discourage~r locallUbgrant furdng of projects of less than $25,000. Local governments should not submit ¡ubgrant appticati.. for amounts lees than ttW figure. The costs of any smaH project may outweigh anticipated Iong-tIIrm benefits that WÖUId be derMId from it, especi8fty if local project funding is in doubt in futunt,.n. Economies of scate .-0 _ an important role in whether a project can achieve its _It.d objectives. In addition, if the pRIIject is a new one and not an enhancement of an exiating program, the initial start-up coati may aubetMtiaIIy limit a project's program 'tffectivenesa. F~, alpraject8, reganIees of........m of subgrant funding, must meet federall and state financial and program compliance requirements which represent a significant fixed administrative coat of -doing business" under the federal Act. 5FY 2000 PrcNlrMn AnnolJt1Cðment 2 - '- ....." Drug Control anct SY6tem Improvement Formula Grant Program (Edward Byrne Memorial State and Local Assistance Program) Special Subgrant Award Conditions Eight (8) special conditions apply when submitting an application to the DCA for approval and subgrant funding: · Any state agency, county or city submitting an application must enclose a completed Aoplication Review Checklist. · Units of local government within a county must enclose signed Letters of Aporoval accompanied with an application. These letters must represent agreement among at least 51 percent of all units of local government representing at least 51 percent of the county population as to the allocation of dollars to each project. · If equipment or services costing $100,000 or more will be purchased from a sole source, a Sole 50urce Justification Form must be submitted with the application. · If automated data processin~1 (ADP) hardware or software will be purchased, an ADP EquiDment Form must bE~ submitted with the application. · Each unit of government (sub~lrant recipient) and each criminal justice agency that is the implementing agency of the subgrant, whether or not it is required to have a written Equal Employment Opportunity (EEO) Program according to provisions of the Fedeflll Omnibus Crime Contl'ol and Safe Streets Act of 1968 as amended, mU8t enclose signed EEO Program Certification Letters with a subgrant application (See EEO Program criteria in ~>ubgrant ADoücation Instructions under Special Requirements, sample letters. and 28 Code of Federal Regulations (CFR) Part 42, Subparts C, 0, E ,F, G and H. · Any state agency, county or (:ity receiving $500,000 or more in federal program funds must provide a copy of their EEO Program Plan, and/or the most recent update, with their application I fClr submittal to the U .5. Department of Justice, Bureau of Justice Assistance, for appmval. · If a project will receive subgnlnt funds for the principal Pl.If'POS(I of operatirtg a crimin81 inteftigence system, cclntact the department at the address below. Such a system must be in compliance with the Federal Omnibus CI'ÍfJ'Ie Control end Safe Streets Act of 1968 as amended and provisions of 28 CFR Part 23 - Criminal Intelligence Systems Operatin~1 Policies before subgrant funds will be awarded. SFY 2000 Pr'04rllm ^nnouncement 3 · . '- ...", Drug Control and System Improvement Formula Grant Program (Edward Byrne Memorial State and Local A!!i!!ii!!itance Program) · A Drug Court Project funded by the Byrne Formula Grant Program must contain the 10 key elements outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Progralm Office, program guidelines "Defining Drug Courts: The Key Components", January 1997. This document can be accessed on the Office of Justice Programs World Wide Web Homepage: httD://www.oiD.usdoi.iob. ApDlicationa Once the Certificate of Participation i:s returned to the Bureau of Community Assistance, a hard copy of the application package will be mailed to the County Coordinator. Additionally, if (1) you work in a VVindows environment and have Corel 'NordPer1ect 8.0 for Windows; and (2) submit a diskette with the Certificate of Participation, we will copy the application and required forms to the diskette and mail it with the hard copy to the County Coordinator. A tot" of two (2) copi.. of each appllication for funding (both with original signatures) must be received by the department no later than 1:00 P.... Tu.day . June 15. 1 HI. A separate application must be submitted for each propo..d proj.cl Applications should be mailed or hand delivered to the following: Mt.CIaytoø"~)Wder .. CommunltyP~~· Bun~au of Community. Assistance Dep.b~.~ of~Affiín. 2S55..SIMImard.· oIitllollflfvad Talllth..a8.,FfoIidå32~2100 SF'( 2000 PrtNfl"lllfl ^ffMOuncement 4 '-" .....; , AGENDA REQUEST ITEM NO. C-5 DATE: April 6, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Award of Bid #99-28 North A 1 A Bicycle, Path (Phase 1) BACKGROUND: On February 10, 1999 bids were openE~d for the construction of the State Road A 1 A Bike Path Improvements. One hundred ninety four vendors were notified (forty eight are minority owned), fourteen sets of bid documents were distributed (two are minority owned) and three bids were received (one is minority owned). The low bidder is David Mann Construction in the amount of $91,894.00. FUNDS AVAIL.: 101006-4116-599330-4908 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of bid #99··28 North A 1 A Bike Path (Phase 1) to David Mann Construction in the amount of $91 ,894.00, approval of the budget in the attached memorandum and authorize the chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: [~PPROVED [] DENIED [ ] OTHER: --.. .-----.. Cou"~ AlIDme"tXL__Z____ Coordiml. tion/ Signatures Mgt. & BUdr;,let:(X)~ ~ Other: Purchasing Mgr.:(X) cß Originating Dept: Other: Finance: (Check for Copy only, if Applicable)_XX_ Eft. 1/97 H:\WP\AGENDAS\BIDS\99-28 award.wpd or ~ .... W W :I: tn Z o - .... :5 :J m < .... C - aJ :I: .... < C. W ~ - m <C . ~ . < C · < :¡æ o <i. £t: 0 W 0 S ~ UJ @) i== Ø) Z Ø) W Ø) ~ :¡æ ~ c. 0 9 ;: W £t: >UJ< w....:J Cz£t: >WaJ co!:::¡æW NZWu. m:J>C Ø):¡æOW =t:t:¡æa::Z Coc.W _ 1II::c. mo!:O '-" I~ :z M IJJ ~ ;t ==Z c::: 1- C~ W 0 I,U :IE C '> c. c z :z 0 c W ,- ..J a) > Zw 0') ·ce > cq Zw 0') ~~ Q N ·ce oð :; .. . 0 ~ 0 Z c::: 0 0 ¡:: c <cO z Z::) c W c > zC:: ....: C:) ~ ~ ..JZ . co C:) 00 0') CJO~ ~ "t""'" ;t Z c::: 0 0 Z- c zb z :iæ c w c . > £) ~ ~ _tn 0') :> z cq ..::C 0 "t""'" £) ° ~ ..J ~ 0 I- ....." II~ c-s ~ ""." t DEP ART~v.lENT OF COMMUNITY DEVELOPMENT Administration MEMORANDUM FROM: Charles Bicht...Pµrchasing Manager . '/;~::'"-"'- ---.;~~<-<..:- >-!..,~~;- Julia Shewchuk, Commuñ'ífY Development Director TO: '. DATE: March 16, 1999 SUBJECT: North A-1-A Bicycle Path - Award of Construction Contract (Phase I) Bid Number - 99-28 On February 10, 1999, the county opened the submitted bids for the construction of the first phase of the North A-1-A Bike Path Extension Proj~ct. Phase I of this project calls for the construction of an 8 foot wide bike path/sidewalk from the~eénd of the Little Jim Bridge to the Radisson Hotel site at the intersection of Atlantic Beach Boulevard and SR A-1-A. The low bidder for the project is David Mann Construction, with a bid of $91 ,894. This bid is within the engineers estimate for this portion of the project. The following is the program budget for this phase of the project: construction: testing Project reserves $ 91,894 $ 2,000 $ 128,176 Funding is available in Fund Number: 101006-4116-599330-4908. CONCURRENCE: .in ~!'.'f---' Gary Pérdew Management & Budget JSIDJM attachment NOA1A(a60) cc; County Engineer Finance Director ....." " Consulting Engineers. Land Surveyors 2980 South 25th Street· Ft. Pierce, FL 34981 P.O. Box 13360 . Ft. Pierce, FL 34979-3360 (561) 464-3537 . Fax (561) 464-9497 February 10, 1999 Job No. 98-05 Hand Deliver To: Mr. Dennis J. Murphy, AICP Land Development Manager St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982 Re: North A-1-A Bikepath/Sidewalk Construction Project Bid Analysis Dear Mr. Murphy: We have completed our analysis of the bid received for the above referenced project. There are three responsive bidders for the projt:ct. The bids ranged from a low of $91,894.00 to a high of $129,899.60. A copy of the actual bid tabulation sheet is enclosed for your review and files. The apparent low bidder for the project is David Mann Construction with the bid of $91,894.00. Our analysis indicates that there a no apparent anomalies with the low bid, and we would therefor recommend that David Mann Construction be awarded the construction for the above referenced Project. We appreciate having had the opportunity to work with you and your staff on this project and look forward to providing it's construction administration. As always, should you have any questions concerning this letter, or need additional information, please do not hesitate to contact me. Sincerely, CULPEPPER & TERPENING, INC. Stefan K. Matthes, P.E. Project Manager Enclosure cc: Mr. Charles Bicht 0 ~ 0 0 c, ...., 0 0 0 a, I cí 0 en tri tri 0; 0 0 .... co '" 0' 0 0 It) en '" 0) U ..¡ rD ....- <ri rD 0; oð .... '" N .; .f: ~- rJ) ë ( ) > Q) ~ ~ ~ ~ ~ ~ ... .f: E c: c.. 0 0 N It) 0 CO .2 0 0 ~ N 0 c: ( ) cí cí ..¡ N tri "C > i 0 0 ~ '" 0 0 '" <: ( ) ..¡ rD rD (:) '" ~ ~ ~ ~ ~ ~ 0 0 0 0 0 0 ':1 0 0 0 0 C! 0 ':1 I cí cí cí u:i ..... cí 1-: 0 0 0 It) en 0 ''I' ~ 0 0 ~ It) 0 'X> c: ri Ñ Ñ ....- ri Ñ .,; 0 CO ," 13 d 2 .E ü; c: >- ~ ~ ~ ~ ~ ~ .... 0 c: U \II a. 0 0 0 0 It) 0 \II E 0 0 0 N '" 0 c: 0 cí cí cí u:i cí c: 0 U ~ 0 0 0 ~ 0 õ ~ 0 0 0 u ri Ñ Ñ Ñ ~ ~ ~ ~ ~ ~ 0 0 0 0 0 0 0 0 0 0 0 C! 0 0 I cí tri tri (0) ~ cí .¡ 0 ..... '" ( ) ( ) 0 en ..... CO ..... co It) "'. "'!. Ñ ri a> ri .... ..... ( ) c: ci c: \II U ~ :E ~ ~ ~ .... .... ... 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I- 0 < ...J 0 0 I- &;0 c: '5 :E :E u u en en ~ c: 0 U ( ) :I ïii ;.:. .... 0 "i ~ ; ..;: U III 0 Q) a. '0 ~ :I: 'õ E Q) ¡:;¡ ~ I- 0 Õj i::i . CI: ::J U N ~ ~ ~ ...J a. Q) . N Ò N J, 0 '0 Q) 1ií 0 0 èi5 ò: 0 ~ N ..... ì: z ãi 0 ~ It) It) ~.. . -- '-' ~ ITEM NO. c6A AGENDA REQUEST DATE: April 6, 1999 REGULAR l ] PUBLIC HEARING [ ] CONSENT [X] SlffiJECT: Request for Approval and Transmittal of Environmental Protection Office of Green ays and Trails Multi-Party Acquisition Agreement for the Savannas Buffer Preser'Ee. TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT) : Community Development BACKGROUND: In May 1998, St. Lucie County submitted the Savannas Buffer Preserve application to the Office of Greenways and Trails (OGT) ,requesting 90% funding towards the purchase approximately 218 adj acent to the Savannas Recreation Area (OGT). The application was ultimately approved by the OGT governing body. The attached Multi- Party Acquisition Agreement sets forth acquisition procedures and conditions that must be satisfied prior to disbursement of OGT funds. FUNDS AVAIL.: Environmentally Significant Land Funds will be made available from account 382-3915-561000-300. PREVIOUS ACTION: On May 12, 1998, the Board of County Commissioners approved the submission of the Savannas Buffer Preserve Application to the Office of Greenways and Trails. RECOMMENDATION: Approval of draft Department of Environmental Protection Office of Greenways and Trails Multi-Party Acquisition Agreement for Savannas Buffer Preserve Project. ~~IS~~~:O~~~ION~ [ ] OTHER: DENIED D g sAnderson County Administrator County Attorney: ft( Review and Approvals Managerr~nt & Budget Purchasing: Othe~~ Eff. 5/96 Originating Dept. Other:_ Finance: (Check for Copy only, if applicable)___ " '-" -....I C-LPA COUNTY COMMISSION REVIEW: April 6, 1999 -MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Board of County Commissioners FROM: Com.munity Development Director DATE: March 31, 1999 SUBJECT: Request for Approval of the Florida Department of Environmental Protection Office of Greenways and Trails Multi-Party Acquisition Agreement For the Savannas Buffer Preserve On May 12, 1998 the Board of County Commissioners approved the Savannas Buffer Preserve application requesting 90% funding through the OGT for purchase of 218 acres adjacent to the Savannas Recreation A.rea. The Office of Greenways and Trails governing body has approved the project and included it on the 1999 OGT acquisition list. The Multi- Party Acquisition Agreement designates St. Lucie County as acquisition agent and provides for reimbursement of funds E!xpended to acquire the parcels within the project. Upon purchase the lands will be owned by the State of Florida and managed by St. Lucie County. The estimated acquisition costs of these parcels is $250,000. The Savannas Buffer Preserve includes land located between the East Coast Railroad and the South SavanQas Recreation Area from Midway Road to Savannas Road (See Attached Map). Natural areas include Freshwater marsh and Xeric habitats that form a 2.5 mile corridor along the Costal Ridge. Acquisition of the project lands will complement the County managed Savannas Recreation Area and the State South Savannas Preserve by protecting the integrity of the South Savannas ecosystem through the preservation of wetlands and adjacent upland buffers. Recreation activities on the Savannas Buffer Preserve lands will focus on natural appreciation, hiking and canoeing. The initial start-up package will include minimal improvements required to open the 8ite to the public and initial resource enhancement needs. This includes fencing, postin!;1 of trails, and chemicals for the removal of exotic species. Initial start-up costs are estimated to be $10,000. .. '-' ......, March 31, 1998 Page 2 Subject: Savannas Buffer Preserve . - _ Multi-Party Acquisition Agreement Staff recommends approval of the draft Multi-Party Acquisition Agreement Between the Office of Greenway and Trails and St. Lucie County. If you have any questions please contact Diana Waite at extension 1577 or Don Cole at extension 1711. Savannas Recreation Area 111111l1li.111l1li.... Project Site Boundary Existing Public Lands Proposed Buffer Preserve Community Development t Geographic Information Systems Map revised March 31,1999 1tQ;n:lllPh¡¡ .,œmplildb'( iIMI1II~iiIId~lUtØU~ti, =:::.~=:=::.rr:::-~::'. N , . " '-"' ...., DEPARTMENT OF LEISURE SERVICES MEMORANDUM FROM: Diana Waite, :Planner III Steve Fousek, Environmental Lands Specialist ~ TO: THROUGH: Jack Doughney, Director of Leisure service~A March 30, 1999 ~ DATE: SUBJECT: Savannahs Bufj:er Preserve ******************************************************************* The Savannahs Buffer Preserve consists of native wetland and upland plant communities associated with the South Savannahs and Atlantic Coastal Ridge ecosystems. This project is located north of Midway Road and west of the Florida Bast Coast Railway tracks, due east of the Savannahs County Recreation Area. Scrub communities are imperiled globally as well as statewide because of rarity or due to ~llnerability to extinction due to some natural or man-made factor. This community supports several federal and state listed species. Recognizing the importance of Scrub communities and their associated endangered species and limited geographic range, Leisure Services Department is proposing to manage this site. I anticipate the management of the 218 acres will be slightly more intense when compared to other sites due to accessibility. The initial costs of minor trash removal, exotic removal and fencing needs are projected to be approximately $12,000. Long range management needs will require the use of prescribed fire and fire line prepar.a.tion, with minimal cost. If the use of fire is unacceptable at the site, a more intensive vegetation management program would be necessary, and additional costs would be incurred. cc: Pete Keogh, Special Facilities Manager ~ "'" FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICEOp. GREENWA YS AND TRAILS MUlTI-PARTY AGQUISITION AGREEMENT SAVANNAS BUFFER PRESERVE Parties to the Multi-Party Acquisition Agreement: Sl Lucie County, Florida, a political subdivision of the State of Florida (County) and the Office of Greenways and Trails (OGT) and the Division of State Lands (DSL) of the Florida Department of . Environmental Protection (DEP). Eligibility for Funding: The Savannas Buffer Pn3serve Greenways and Trails Project (Project) is currently on the OGTs 1999 acquisition list. The County shall obtain written confirmation from OGT regarding the availability of funds prior to initiating negotiations for any parcel within the Project or proceed at its own risk. All reimbursements under this Agreement shall be contingent upon the availability of funds for the Project and upon final approval of the reimbursement by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (Trustees). Parcels Covered by this AgreE!ment: For the purpose of this Agreement, each ownership is referred to individually as "Parcel" and two or more ownerships are referred to collectively as "Parcels". This Agreement covers those Parcels which are wholly located within the Project boundaries and specifically· set forth in Exhibit "B" attached hereto, and incorporated herein by reference, and in which the County has not acquired an interest prior to the execution of this Agreement by the County and OGT. The Project boundaries may be amended to include additional Parcels, delete Parcels . or reprioritize Parcels as agreed to by the parties hereto in writing. Appraisal Mapping and Cost: The Coynty shall be responsible for preparing an appraisal map suitable for use in preparing the appraisal(s) in compliance -with the procedures and requirements set forth in Chapter 259, F.S. and Chapter 18-1, F.A.C. The County will contract for and pay alii appraisal mapping costs. DSL shall review and approve in writing the County's appraisal maps. Appraiser Selection And Cost: The County shall select two appraisers from DSL's current list of approved appraisers after consulting with the Chief of the Bureau of Appraisal in the DSL. All appraisals prepared pursuant to this Agreement must comply with the procedures and requirements set forth in Chapter 259, F.S., Chapter 18-1, F .A. C. and the Bureau of Appraisal's Supplemental Appraisal Standards. Prior to contracting with each appraiser, the County shall require an affidavit from the appraiser 3/18/99 Page 1 of 8 " '-' ."", which certifies that the appraiser has no vested or fiduciary interest in the Par~~1 being appraised Ihe County will contract for and pay all appraisal costs for each Parcel. The . appraisals may be contracted for subsequent to the County acquiring an interest in any Parcel. Review, Approval and Utilization of Appraisals: DSL will review appraisals obtained pursuant to this Agreement in accordance with all DSL standards and requirements. Once the appraisal reports are approved by DSL they will be utilized as if they were DSL's own. A minimum of two appraisals for each Parcel covered by this Agreement will be required in order to determine the statutory maximum value of each Parcel if the fair market value of said Parcel exceeds $500,000. If the fair market value of said Parcel does not exceed $500,000, then only one appraisal is required. OGT shall be responsible for the cost of the appraisal review. Confidentiality: Pursuant to Sections 259.041(7)(e) and 259.041(8)(c), F.S. and Chapter 18-1, F.A.C., the County will maintain the confidentiality of all appraisals, offers and counteroffers and other negotiation matters until an option contract is executed, or if no option contract is executed, until 2 weeks before a contract or agreement for purchase is considered for approval by the Trustees. The County may· disclose such confidential information only to the individuals who sign the confidentiality agreement, made part of this Agreement as Exhibit "A". Requests to add persons to the disclosure list must be made in writing and the County must receive the written consent of OGT. All confidentiality requirements outlined above shall apply to individuals added to the list. County understands and agrees that all documents, papers, letters, maps, and other materials (collectively, "records") specifically relating to the acquisition of a Parcel will become public record (as defined in Chapter 119, FS) when an option contract is executed, or if no option contract is eXE~cuted, 2 weeks before a contract or agreement for purchase is considered Jor approva!1 by the Trustees and at that time all records of County relating to the acquisition shall be subject to public access in the same manner as are other public records, pursuant to the provisions of Chapter 119, FS. This Agreement may be terminated by DSL if County fails to allow public access to any such records pursuant to Chapter 119, FS. However, notwithstanding the confidentiality agreement, pursuant to Section 259.041 (7)(e), F.S., OGT may release an appraisal report when DSL has determined that the passage of time has rendered the conclusions of value in an appraisal report . invalid. Prior to releasing an appraisal report, OGT will provide written notice to the County that DSL will release an appraisal report. 3/18/99 Page 2 of 8 '-' ~ DSL will require, as a condition of DSL recommending the Trustees approve a purchase instrument,.a £.ertiflcation that the County has maintained the confidentiality of . thëappraisals.. offe~s and counteroffers and other negotiation matters. This certification shall be in the form of a letter signed by legal counsel for the County. Negotiations: Negotiations with the owners of all Parcels will be conducted by the County, or its authorized representative, in a manner which will assure that the most favorable price and terms are obtained for the Trustees. The County will maintain appropriate records documenting the negotiations for each Parcel. The County will notify DSL when negotiations commenc~e and when negotiations terminate, and provide DSL with a copy pf its negotiation file at the conclusion of its involvement with each Parcel. The County understands that DSL and OGT must follow the requirements set forth in Chapter 259, F.S., in acquiring from the County any interest which the County . may acquire in any Parcel. All contracts in which the Trustees are a party or in which the Trustees are intended to become a party must be on DSL approved form and must be reviewed and approved by DSL prior to its use in negotiations. In the performance of its obligations pursuant to this Agreement, the County shall perform as an independent contractor and not as an agent, represEmtative, employee or on behalf of DEP, DSL, or OGT. Terms and Conditions of Tram¡fer: The transfer can occur under onE~ of the following circumstances: 1) Should the County secure an option(s) for the purchase of one or more Parcels within the Project, the County shall offer the Trustees an assignment of the option(s) with the right to purchase the Parcel from the owner(s). 2) If the Trustees are unable or unwilling, for any reason, to accept an assignment of the County's interest in an Ciption to purchase the Parcel, the County may . elect to acquire the Parcel for subsequent resale to the Trustees. The County understands that the terms and conditions of this Agreement shall apply to any conveyance from the County to the Trustees. 3) If the County elects to purchase the Parcel from the owner, and then convey the Parcel to the Trustees, the Trustees shall enter into an Option Agreement For Sale and Purchase with the County. Under this Agreement, the Trustees' Purchase Price shall be the lesser of the County's purchase price and closing costs incurred, if any, at the closing between the County and the owner, or the maximum approved value of the Parcel as determined in accordance with 3/18/99 Page 3 of 8 '-' ....., Chapter 259, F.S. (Approved Value). For the purposes of this Agreement, closing costs shall be limited to the OGT's approved costs of the- survey, environmental site assessment, titlë insurance, an_d other OGT approved acquisition fees incurred by the County in the County's acquisition of each Parcel within the Project. OGT will also pay the closing costs incurred to transfer title of each parcel from the County to the Trustees. In addition, OGT will reimburse County's actual pre-acquisition costs, if any, for each parcel transferred to the " Trustees. For the purposes of this Agreement, pre-acquisition costs shall be defined as the cost of the Appraisals, Appraisal Mapping and Appraisal" Review. Limitations on Financial Responsibility: 1) In no event shall the amount the Trustees pay for any Parcel exceed the Approved Value of the Parcel as previously stated in this Agreement. The maximum amount for reimbursE~ment for County's pre-acquisition and closing costs, if any, as previously stated in this Agreement, must be approved by OGT and is subject to the limitations contained herein. 2) DSL reserves the right to revise the Approved Value based on changes in market conditions, zoning and/or land use until the Trustees acquire an interest in the Parcel. 3) In no event shall the Trustee's, DEP, DSL or OGT be obligated to payor reimburse any documentary stamp taxes required to be paid by non-exempt parties pursuant to Section 201.01, F.S. Contacts: The following persons are designated as the contacts for the parties for matters relating to this Agreement: DSL: Janice Ellison Division of State Lands Department of Environmental Protection 3900 Commonwealth Boulevard, MS 115 Tallahassee, Florida 32303 (850) 488-2351 St Lucie County: Donald Cole, Manager Property Acquisition Division St. Lucie County 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 3/18/99 Page 4 of 8 ~ ......, OGi: Suzanne Walker Office of Greenways and Trails 2600 Blairstone Road, MS 795 Tallahassee, Florida 32399-2400 (850)488-3701 Management of Properties: The County is the designated manager of the Savannas Buffers Preserve Greenways and Trails project. The County understands that parcels purchased under this a~ reement shall be used to provide additional acreage to the Savanna Recreation Ama to enhance recreational opportunities for the general public's use, such as camping, boating, canoeing, hiking, fishing and picnicking.. The County agrees to devE!lop and submit to DEP a management plan in accordance with Chapter 259.032 and 259.034, F.S., and pay the required lease fee upon execution of a lease with the Trustees for each parcel acquired under this agreement. Special Conditions: All conveyances and transfers from the County to the Trustees will be subject to all applicable laws, rules, and policies in effect at the time of the conveyance and/or transfer, and thE~ approval of the County and/or Trustees. The County understands that while the Project is currently funded, DEP, DSL or OGT cannot assure the continued availability of funds. The County understands that it is at risk in its efforts to acquire an interest in the Parcels and that the County shall have no recourse whatsoever against DEP, DSL, OGT, or the Trustees if the Trustees fail to acquire the County's interest in any Parcel due to the unavailability of funds, or any other reason. 3/18/99 Page 5 of 8 · . '\.; "wi FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Division of State lands Witness EDWARD F. KUESTER, III, Chief Bureau of Land Acquisition Witness Date: Approved as to form end legality: By: Date: FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Office of Greenways and Trails Witness DEBORAH PARRISH, Acting Director Date: Witness ST. LUCIE COUNTY, a Political Subdivision of the State of Florida By: Witness Title: Witness Date: Approved as to form end legality: By: Date: Attest: 3/18/99 Page 6 of 8 , . '-' ...." EXHIBIT A . CONFIDENTIALITY AGREEMENT The undersigned members and staff of St. Lucie County, Florida agree to maintain the· confidentiality of appraisal information and negotiations concerning the parcels contained in this Agreement for the Savannas Buffer Preserve Greenways and Trails Project, as required by Chapter 259, F.S., Chapter 18-1, F.A.C., and this Multi-Party Acquisition Agreement. DATE NAME SIGNATURE Daniel S. Mcintyre Don G. Cole Belinda Vose Diana Waite Ray Wazny David P. Kelly Yvonne McCall 3/18/99 Page 7 of 8 -- . . EXHIBIT B \-Fgal Description or list of parce~ b Tax 10 No . . I ~436-321-000 1-000/8 I·· [~ 112 1Î2 ~- " li2 11- 1'2 ~2 II 1·2 h j;2 .1 112 'Î 1'2 Î: k ~ I. r 1\ II II ., I, ii :i I: I~ II ,I II Ii II I . 1\ Owner ABBAGNARO, BARBARA F =.J ~ .._~.._._- - . .1.~6-311-Q.005-000/4 ARNALL, MICHAEL 4g~.:-122-q004-900Œ__ ~~LLlCºLROBERT F _ . -- 42~~11-0092-000(;L BEATfYJ-YVILLlAf'~tK &~ANCY C 4.?~.:?º.2..:Q.006-ºººª- .êERG, LEONARD & ~êGGY W __ 435-11 ~:-0007 _000/8 BLOEHM, CHARLES W & DORIS B =1' 435-141-0001_000/3 BOLLINGER, ELLEN L ~ -~-' I 436-322-0003-000/5 BOWLlCK, EDITH C -¡ BOYNTON, R_OBERT ~ JR I 426-123-0003_000/3 , 435-141_0008-000/2 BUNTING EDWIN H & VIRGINIA M .1.;!5:4.1.! -00Q1-0 1 0/4_. BUNTING, EQW.I.!~tH & VIRGINIA M .. 426-311-0007-000/8 BURNETT ~~VERA ?~?-11 ~ _0002_000/7 CHAYA EDWARD P & ELENORE D __:.:.:....:1------ I 2j~~-32?-0001-o00/1 COHEti, TINð, F Ml~'=êR ---i ----- . 2426-431_0004-000/6 COMTOIS, HENRY & ELAINE I , ·_-t ~1?~-413-Q908_o00/8 CORBIN, VANCE R & JULIA --~ ?~2§::.1~~-p01º:QQ0/2 . DESAj,SURESHCHANDRA _.~ DUDDING. RICHARD J I 2426-123-0002-000/6 . --{ - FAHR, LESTER J & STELLA M ,. 2426-213_0001_000/5 j 2426-313-0002-000/9 FAHR, STELLA 2423- I01:.Qº~ 0_o9_0/Q._ f.~Ç.I3!'__ --.---.-..---.---.-.- .- -., -- .~ 2436-701_0003_000/8 . FERRIS, MARGIE 12436-323-0001-000/4 FRIEDEL DONALD L & RITA G 12435-141-0008_0 10/5 FT P.I§~QS..ÇIIY ()f. _ ...~.._ _u.. _ ~._ .... I· ..... - ,- .. -.. - ._--. ... --.-. Î2436-322-0002-o00/8 FT PIERCE CITY OF __ !?~~§~~i1-0003_o~~ ~RAyjAY dOIj~ R & LYNETTE J ___ !2435-113_o004-000~ GREENE, ARTHUR C & CARRIE S 12426-423-000.1-000/9_ .~ß.EEl;tWOºº,}~A~!9~. ENNS ____ ri2426~3"11::OÖÖ4:ÖÕ0/7 HANKIt-{S, ANNE _t!.__.___- \\~1~~:ªª~~º.9.9l:000/9 __ !iA.ßBg~J ß,ONt-!:-Q.h._.__- ~?435:1~1~0003-o00/7 HIN~h.~,...I?ºNALD G & LINDA !l?~_~~~'.!11:9.Q08-000/9 It!QBIº!t_~tEAN _fi__ li2435-113-Q002-000/3 HUGGINS, WYATT B & KARIN A 2435~111..o005-o00/8 HUGHES' HOWARD H & MARY LOU 2426_502_0005-010/3 JACKSON. CORVAL R ~421?-133_o002_o00/7 LIGHTLE, REBECCA R 2426-413-0004-000/0 LUKE, EDITH H .. i ?42§-413-0006_o.º-ºlL LUK~DITH .tL__ ---- 1426-413-0005-00017 LUKE. GIjEGORY J 2426-122_0001_000/6 L YSHON, G STEVENS & LOUISE G 2426-122_0002_000/3 L YSH0It..<:? STEVENS 13< LOUISE G \\243s.:-111-0003_o00/4 MALO.Nê.~AMES E & ANN B U- Tax ID No IL-_7.="'"~~"_' Owner 11'2435-113-0005-000/4 MAlTES STEPHEN M & LINDA K I 243.?-11.1-0.007-000/5_MAY, C G & NANCY 11~426-31_1-.9º06-000/1 .MC CLJ;ARYt. DANI.EL J i¡?4.26-=~.1~=º00 1._oQº/2 _M~TRE.~dt.C.I5..!'!.____ 1¡?~~~:1.1ª---º90~:000/1 MQ.MO~ROGEI3S, Bß.llf£.~_ U2426-431_o002-000/2 MONSMAJ:RANKLlN .¡.-----.--- -- -..- :i?~?~~1.1ª~00J:-OQº@__ .~_l¿RP..tlYL§Y~L Y!':t~L_._.__._ ¡!~1.2-ª--:ªª1_o00?_oOO/6 PAKLOS, JOHN ~_M.ARY _ !!?.4~~-333_o001-000/5 PAKLOS, JOHN A ¡¡?4~§:13ª.:OOOj:900/0 P~TUSºl_~t;9.~Gê T & SUSAN D t' :12423-701-0012_000/4 PERONA; THOMAS K & LORENE A ¡ 2¡36~01-ÕÕÕ~ÕOO/2 REYNOLD~ ELSIE A f'--·---·-~-_·_-- --.. ~~~35:11~003-000/0 ROBBIN'S, DONALD & DEBORAH L 1!2436-233_o003_o10/5 ROGERS, PAUL R & ROSE il~35:-11}:0Q91-Q.90/0 .ROY~S!s~j_9_ª_~f!:lJ.N.ê_ª ~¡~i~.?.~1.11:-.9906-000/5 ßY..ê.~,_~DRê.YY._ª JR_ ¡¡?~26_123-0001_o00/9 ~CHEÇ.~I§ß.£~EqgRICK G iI2426-431_o001_o00/5 SESSIONS, CHARLOTTE \,2426=-s'Ó2_o001-000/2 SHEEHAN, CLIFFORD T :1-·---- -. '. i¡gi~6.:i~1-o003-o00/9 SIEB0.1ºJ_Q!:I.~!3!:g~.B._ :1 !!~4ª-6.-:!.Q1-Q001-o00/~ .PU.I~AM} D()y"º~~_. 11~435-i14_o001-000!.9 ST L~gê CQU~TI__ JI~~g.~:-~31_o_Q~.Q.20/6 THOF.ttt;B~.t!.!'-J E ,12423-331-0002-100/7 THOFNER, JOHN E & VIRGINIA 112423-333_0002_000/2 WALIA; SANJIV -..-..-.....--...,. ¡¡i1gª~~~j;9005-o00"·- .W~!SER~ÕAVID LJ~V~RDA E __=1 Ü2426_311_o001_o00/6 WEBSTER, KATHRYN :~., . ........u ._.. __. ........___.____ ---- .--.-.--:-. .--.----.- -----.--. !:~43_5-11.1:O.9_95.-0º91.L. W~J·tI.AY¡;N.,_.THQR Qß~_Lº~D_ES T ~ :, li?1~ª-15J:Q.ºº~-oOO/0 ~llJ!!~~.~_~!9NEY L ª.M.9!'JA M ., !!?4~~.ª31-o001-o40/1_ Y/1tR., CARL _'ª.._._____:___ 1~436-331-O004-000/0 WILD CARL E I ~436-333-0001-o00/5 WI~D, CAR. L..L__ 436_701_0004-000/5 WILD CARL E i..436_701_o007_o00/6 WILD CARL E ¡12436_333-0002_o00/2 WILD, SELMA R 112426_502._0004-030/2 WILLIAMS, HAROLD S & ADA C 1!?4~3!::.701_o009_o00/.Q._ y'ATES!~º.ªEPH '!Y~B.... !2_4_?~?1?-P-º_Q.?_oOO/9 _ ?:!:-lli-'SO~.E.,-=-Ng~~ & E~TH~R -I -- -~ I I 3/11/99 Pa~Je 8 of 8 .... ... ~ \...f ...., ITEM NO. C6B AGENDA REOUEST DATE: April 6, 1999 CONSENT X REGULAR PUBLIC HEARING [ ] Leg. [ ] Quasi-JD. [ BACKGROUND: Department of Community Affairs Modification Attached is a copy of a letter ff:m the Department of Community Affairs requesting a Modification to the Local Mitigation Strategy Contract. The modification is necessa~{ because of a delay in the execution of the original contract and will extend the due date for the first and second period deliverables from January 31, 1999 to March 30, 1999. Director TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Community Development SURTECT : Local Contract FUNDS A VAIT ,ABLE: PREVIOUS ACTION: Local Mitigation Strategy Contract executed December 9, 1998. 1st Modification to Contract executed November 24, 1998. RECOMMENDATION: Staff recommends that the Board approve the attached Modification and authorize the Chairman to execute the Modification. COMMISSION ACTION: [vf' APPROVED [ ] OTHER: DENIED M. Anderson Administrator County Attorney: :JY Caa1:d.¡ nat:i nn Is; gnat:1Ir.." Mgt & Budget: Purchasing: Originating Dept: Other: Other: Finance: (copies only) : '-r' C' ~ ....." r...··,..,\-=.· Kl\¡l\flL> Y111f144t(JL ,--, r·, ~ ¡ ¡ r " D rn' , q ,,~. ':J"; ! ; ¡J '~~---5 'coo l ~ ,I !I, . . k,,,,J I ----.- - J --_.......,.~- r:" . ';''':\' ['EVC...OPMENT . _':...~'- CCUf;ïY, FL " ,,~.,- . - '~" '" STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Helping Floridians create safe, vibrant, sustainable communities" EB BUSH Governor STEVEN M. SEIBERT Secretary F ~bruary 16, 1999 ~HqJ:~ j~t/l" The Honorable Gary D. Charles, Sr., Chairmlm St. Lucie County Board of Commissioners 2300 Virginia Avenue Fort Pierce, Florida 34982 >~J} Re: Local Mitigation Strategy Contract Modification-Change in due date for lit & 2nd Period Deliverables to March 30, 1999 Dear Chairman Charles: Please fmd attached Modification #2 to the Local Mitigation Strategy Contract, # 99-LM-4H-01-66-01-056. This modification extends the due date for the first and second period deliverables from January 31, 1999 to March 30, 1999. The modification is necessary based upon the delay in preparation of the first and second contract periods. All required deliverables remain the same, and distinct for each period, as in the original contract. Should deliverable requirements for the first period activities be met prior to the modified due date, the Department will honor requests for payment to compensate for these activities upon satisfactory acceptance by DCA. _ Please review and sign four (4) copi€:s of the modification agreement and return them to Mami Mangel at DCA. Once the modification has been fully executed, one copy will be returned to you. Should you have any questions regarding the LMS project or the enclosed modification, please contact Mami Mangel at (850) 413-7683. ~~~ Douglas P. Buck, Director Division of Housing and Community Development . --- --- ._.- .----. r ,~ i: rc , . !1: f' \'~ !:" , - .___. ._. ·_u ._ _ ¡VIAR - 2 1 '- .~ -' I..··.,·..: DPB/mbm Enclosure 2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100 Phone: (850) 488-8466/Suncorn 278-8466 FAX: (850) 921-0781/Suncorn 291-0781 Internet address: http://www.state.fl.us/cornaff/ FLORIDA KEYS Area of Critical State Concem Field OffICe 2796 eve""a. Highway, Suite 212 GREEN SWAMP Area of Critical State Concem Field Office 205 East Main Street, Suile 104 _. . ~~___.~ 04 ¡. <^, '-' """ AGREEMENT #99-LM-4H-0166-01-056 MODIFICA nON #2 TO CONTRACTUAL SERVICES AGREEMENT WHEREAS, St.Lucie County (hereinafter "the Contractor") and the Department of Community Affairs (hereinafter "the Department") have entered into a Contractual Services Agreement (hereinafter "Agreement") for the purpose of preparation and development of Local Mitigation Strategies and pre-identification and prioritization of Hazard Mitigation Grant Program projects to become a part of the Statewide Hazard Mitigation Strategy; and WHEREAS, based upon the delay in the preparation of First and Second Contract Period deliverables, the parties desire to modify said Agreement to revise the due date for first and second period deliverables; NOW, THEREFORE, the above-f¡¡~ferenced agreement is modified as follows: In Attachment A all references to First Contract Period and Second Contract Period deliverable due dates are hereby amended to reflect that the tenns of the First Contract Period and the Second Contract Period commence on the date of execution and terminate March 30, 1999. All other provisions of the Agreement not inconsistent with this Modification #2 remain in full force and effect. Page 1 of2 r.' , . '--' .....,; IN WI1NESS WHEREOF, the parties hereto have caused this Modification #2 to be executed by their duly aüthorized officials ~ of the date below. CONTRACTOR: By: Title: Date: Federal Identification Number: SAMAS Accout Code: STATE OF FLORIDA - DEPARTMENT OF COMMUNITY AFFAIRS By: Title: Date: ). '-" '-' AGREEMENT #99-LM-4H-0166-01-056 . MODIFICATION #2 TO CONTRACTUAL SERVICES AGREEMENT WHEREAS, St.Lucie County (heœinafter "the Contractor") and the Department of Community Affairs (hereinafter "the Depal11ment") have entered into a Contractual Services Agreement (hereinafter" Agreement") for the purpose of preparation and development of Local Mitigation Strategies and pre-identification and prioritization of Hazard Mitigation Grant Program projects to become a part of the Statewide Hazard Mitigation Strategy; and WHEREAS, based upon the delay in the preparation of First and Second Contract Period deliverables, the parties desire to modify said Agreement to revise the due date for first and second period deliverables; NOW, THEREFORE, the above-æferenced agreement is modified as follows: In Attachment A all references to First Contract Period and Second Contract Period deliverable due dates are hereby amended to reflect that the tenns of the First Contract Period and the Second Contract Period commenœ on the date of execution and terminate March 30, 1999. All other provisions of the Agreement not inconsistent with this Modification #2 remain in full force and effect. Page 1 of2 : . - . '-' ""'" IN WI1NESS WHEREOF, the parties hereto ha~ caused this Modification #2 to be executed by their duly authorized officials as of the date below. CONTRACTOR: By: Title: Date: Federal Identification Number: SAMAS Accout Code: STATE OF FLORlDA - DEPARTMENT OF COMMUNITY AFFAIRS By: Title: Date: ~:,. . ,- ).. ¡ '-' ~ ~ '. AGREEMENT #99-LM-4H-0166-01-056 MODIFICATION #2 TO CONTRACTUAL SERVICES AGREEMENT WHEREAS, St.Lucie County (hereinafter "the Contractor") and the Department of Community Affairs (hereinafter "the Department") have entered into a Contractual Services Agreement (hereinafter "Agreement") for the purpose of preparation and development of Local Mitigation Strategies and pre-identification and prioritization of Hazard Mitigation Grant Program projects to become a part of the Statewide Hazard Mitigation Strategy; and WHEREAS, based upon the delay in the preparation of First and Second Contract Period deliverables, the parties desire to modify said Agreement to revise the due date for first and second period deliverables; NOW, THEREFORE, the above-referenced agreement is modified as follows: In Attacrunent A all references to First Contract Period and Second Contract Period deliverable due dates are hereby amended to reflect that the tenns of the First Contract Period and the Second Contract Period commence on the date of execution and tenninate March 30, 1999. All other provisions of the Agreement not inconsistent with this Modification #2 remain in full force and effect. Page 1 of2 · . ......, ....,I IN WITNESS WHEREOF, the p~es hen~to have caused this Modification #2 to be executed by their duly authorized officials as of the date below. - CONTRACTOR: By: Title: Date: Federal Identification Number: SAMAS Accout Code: STATE OF FLORIDA - DEPARTMENT OF COMMUNITY AFFAIRS By: Title: Date: ·,' ~ '..."", . , AGREEMENT #99-LM-4H-0166-01-056 MODIFICATION #2 TO CONTRACTUAL SERVICES AGREEMENT WHEREAS, St.Lucie County (hereinafter "the Contractor") and the Department of Community Affairs (hereinafter "the Department") have entered into a Contractual Services Agreement (hereinafter "Agreement") for the purpose of preparation and development of Local Mitigation Strategies and pre-identification and prioritization of Hazard Mitigation Grant Program projects to become a part of the Statewide Hazard Mitigation Strategy; and WHEREAS, based upon the delay in the preparation of First and Second Contract Period deliverables, the parties desire to modify said Agreement to revise the due date for first and second period deliverables; NOW, THEREFORE, the above-referenced agreement is modified as follows: In Attachment A all references to First Contract Period and Second Contract Period deliverable due dates are hereby amended to reflect that the terms of the First Contract Period and the Second Contract Period commenœ on the date of execution and terminate March 30, 1999. All other provisions of the Agreement not inconsistent with this Modification #2 remain in full force and effect. Page 1 of2 , . > . . '-" "-'" IN WITNESS WHEREOF, the parties hereto have caused this Modification #2 to b~ executed by their duly authorized officials as of the date below. CONTRACTOR: By: Title: Date: Federal Identification Number: SAMAS Accout Code: STATE OF FLORIDA - DEPARTMENT OF COMMUNITY AFFAIRS By: Title: Date: '-' .:'~œ .~., ....... ~-~ f~ Ht}-vJ ~A\c.,,,tlo-0- STATE OF flORIDA DEPÃRTMENT OF COMMUNITY AFFAIRS WHelping Floridians create safe, vibrant, sustainable communities" ¡EB BUSH Governor STEVEN M. SEIBERT Secretary --'-.-,-.-. "'---'-"'~'--'" . (r r;~ -, .. February 16, 1999 ~ : : j",,:-\ , ;' ~ ¡ '..:'.J : The Honorable Gary D. Charles, Sr., Chairman St. Lucie çounty Board of Commissioners 2300 Virginia Avenue Fort Pierce, Florida 34982 i -_._--. : CC;,· ! c' i . i , ! : .~;:;:'.:;~~,;'Ë~í'JT t " - -. .~... '_5 i" -, i~'f.. ~: L; ..---..---.-.--.--.-.-..----...... --- _.._,-. . Re: Local Mitigation Strategy Contract Modification-Change in due date for ¡st & 2nd Period Deliverables to March 30, 1999 Dear Chairman Charles: Please fmd attached Modification #2 to the Local Mitigation Strategy Contract, # 99-LM-4H-01-66-01-056. This modification extends the due date for the first and second period deliverables from January 31, 1999 to March 30, 1999. The modification is necessary based upon the delay in preparation of the first and second contract periods. All required deliverables remain the same, and distinct for each period, as in the original contract. Should deliverable requirements for the first period activities be met prior to the modified due date, the Department will honor requests for payment to compensate for these activities upon satisfactory acceptance by DCA. Please review and sign four (4) copies of the modification agreement and return them to Marni Mangel at DCA. Once the modification has been fully executed, one copy will be returned to you. Should you have any questions regarding the LMS project or the enclosed modification, please contact Marni Mangel at (850) 413-7683. ~~~ Douglas P. Buck, Director Division of Housing and Community Development DPB/mbm Enclosure 2555 SHUMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32399-2100 Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom 291-0781 Internet address: http://www.state.fl.us/comaff/ flORIDA KEYS Area or Critical State Concern Field Office 2796 Overseas Highway, Suite 212 Marathon, Florida 330SQ..2227 GREEN SWAMP Area or Critical State Concern Field Olfoce 20S East Main Street, Suite 1(}'\ Bartow, Florida 3383Q...1~ 1 ""-" ~\{: U~Ar:þ VV\,tI1~1"..) -..... STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS HHelping Floridians create safe, vibrant, sustainable communitiesH ¡EB BUSH Governor STEVEN M. SEIBERT Secretary --~.,-----_. r,"" (1 r' "-'. February 16, 1999 ;~;J _ I .' ;¡ ,~\ ;~.~~:) : The Honorable Gary D. Charles, Sr., Chairman St. Lucie County Board of Commissioners 2300 Virginia Avenue Fort Pierce, Florida 34982 CO;' ~> ~_, "",j¡~ ~ ':. ~,,\~ L ~~:;:..? ì~ 7 E NT ¡ ._.._.,~~._'-..._-_._--.~~-~_"::_~~.~~~_." Re: Local Mitigation Strategy Contract Modification-Change in due date for 1st & 2nd Period Deliverables to March 30, 1999 Dear Chairman Charles: Please fmd attached Modification #2 to the Local Mitigation Strategy Contract, # 99-LM-4H-01-66-01-056. This modification extends the due date for the first and second period deliverables from January 31, 1999 to March 30, 1999. The modification is necessary based upon the delay in preparation of the first and second contract periods. All required deliverables remain the same, and distinct for each period, as in the original contract. Should deliverable requirements for the first period activities be met prior to the modified due date, the Department will honor requests for payment to compensate for these activities upon satisfactory acceptance by DCA. Please review and sign four (4) copies of the modification agreement and return them to Mami Mangel at DCA. Once the modification has been fully executed, one copy will be returned to you. Should you have any questions regarding the LMS project or the enclosed modification, please contact Mami Mangel at (850) 413-7683. . ~'>& ...~~~ \J~ ~Q -; ~\V\ cG~~ Douglas P. Buck, Director Division of Housing and Community Development DPB/mbm Enclosure 2SSS SHUMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32399-2100 Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom 291-0781 Internet address: http://www.state.fl.us/comaff/ flORIDA KEYS Area of Critical State Concern Field Office 2796 Overseas Highway, Suite 212 Marathon, Florida 33050-2227 CREEN SWAMP Area of Critical Stale Concern Field OffICI! 205 Easl Main Slreet, Suite 104 Bartow, Florida 3383()..1(,.11 '-" 'wi .... AGENDA REQUEST ITEM NO. c - 711 DATE: April 6, 1999 REGULAR [ ] PUBLIC HEARING CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.) : County Attorney Donald G. Cole Property Acquisition Manager SUBJECT· Street Naming - Resolution No. 99-85 A section of Avenue D aka Garner Court to Charity Lane BACKGROUND· The Property Acquisition Division received a request from Community Development to rename a portion of Avenue D aka Garner Court, West of Angle Road and East of North 43rd Street. The property owners have been polled for a potential street name and they have selected Charity Lane. All the affected property owners were sent a questionnaire letter regarding the proposed name change. Out of seven (7) property owners, three approved the proposed street name I two made another selection and the remaining two we received return mail with no forwarding address. Public Works, Community Development and the 911 Coordinator have no obj ection to the proposed name change. Also, County staff has reviewed the proposed street name to eliminate any duplication or similar street names. FlJNDS AVAIL. N/A PREVIOUS ACTION· N/A RECOMMENDATION: Staff recommends that the Board approve Resolution No. 99-85 renaming of a portion of Avenue D aka Garner Court, West of Angle Road and East of North 43rd Street, to Charity Lane. COMMISSION ACTION: [0 [ ] APPROVED OTHER: DENIED """-- ~ Doug sAnderson County Administrator XX County Attorney: XX Originating Dept'. ~ ~ XX Engineering ~l!f xx 911 Coordin or: ~_ Finance: (Check for Copy only, if applicable) E f f G:\acq\WP\BELINDA\STREETNA\Avenue D 2\AGENDA.wpd 5 / 9 6 - - I D I '" 1 '" -1..- .... I ~ I I " 1ddJ1S 1S~17 I \12 I ~ I 41 JON Q) u .~ U .c o ~ o ~ "'0 o o a::: ~ Q) N ..... Q) ~ 1ddJ1S pJ£17 41JON I I I 1ddJ1S 411717 41JON o ..... ~ ::J o U Q) ::J C Q) > « ~ Q) c ~ o Ü ----- 1ddJ1S 41<;17 41JON .. -lÞ ~z (/) . E f· ë * II} ~ ~ ~ eH 0.. c: Ñ h, .Q.Q ~ i I ! ~ 1U e III Q) E 01 t' o ~ :::!: I A ~.2 -g s¡ ._.£ .!!! HI c: > I~ ::3.2 ~ šj~ ~ "Õ. ~ j'i' o ~ ,I () g> 1ft Q) d (!J ~'( . Q) .c o ........ ~ f~ '+-(\S O.-J I ........~ ...c:........ 0> . ¡:: . ¡:: (\S ...c: "'Oü Q) 00"'0 OQ) Q.E e(\S o...c - ..... , '-' ....,,¡ it RESOLUTION NO. 99-85 A RESOLUTION RENAMING A PORTION OF A VENUE "D" AKA GARNER COURT TO CHARITY LANE LYING WEST OF ANGLE ROAD AND EAST OF NORTH 43RD STREET LYING IN SECTION 7, TOWNSHIP 35S, RANGE 40 EAST OF ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 336.05(a), Florida Statutes, authorizes the Board of County Commissioners to name and rename streets and roads lying outside the boundaries of any incorporated municipality. 2. Pursuant to Ordinance No. 87-8, Pt. A, St. Lucie County Code Section 1-17-54, there shall be no duplications of street names in St. Lucie County, Florida. 3. Pursuant to St. Lucie County Land Development Code Section 7.05.08(C)(2), streets regardless of functional classification, which run parallel to the north- south base line (Orange Avenue) shall be called Avenue, Drive or some other designation beginning with a letter in the first half (A through M) of the alphabet. Streets regardless of classification, which run parallel to the east-west base line of (US. Highway 1) shall be called Terrace, Place or some other designation beginning with a letter in the second halve (N through Z) of the alphabet. Only streets classified as arterials or major collections by St. Lucie County shall be designated Boulevard, Highway or Road. These designations may be used regardless of direction. - - ~ ......, t 4. The following street name has been reviewed, verified and approved by the County Engineer, 911, Property Acquisition Division and Community Development Department. 5. That certain part of A VENUE "D AKA GARNER COURT" more particularly defined according to the attached map and more particularly described in Official Records Book 7, Page 603 of the Public Records of St. Lucie County, Florida; Lying in Section 7, Township 35S, Range 40E of St. Lucie County, Florida shall be named as CHARITY LANE. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida: A. That certain part of A VENUE "D AKA GARNER COURT" more particularly defined according to the attached map and more particularly described in Official Records Book 7, Page 603 of the Public Records of St. Lucie County, Florida; Lying in Section 7, Township 35S, Range 40E of St. Lucie County, Florida shall be named as CHARITY LANE. B. The sole purpose of this Resolution is to rename A VENUE "D AKA GARNER COURT" to CHARITY LANE as set out above. C. The Community Development Director is hereby directed to notify the appropriate utilities, the u.s. Postal Service, the Property Appraiser, the Supervisor of Elections, the Road Department and the Sheriff of St. Lucie County, Florida. ~ AGENDA REQUEST """ ITEM NO. C. - 7 ß DATE: April 6. 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: First Amendment to Interlocal Agreement with City of Fort Pierce - Moore's Creek Stormwater Retrofit Project BACKGl~OUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the First Amendment and authorize the Chairman to executed the First Amendment. COMMISSION ACTION: [y('APPROVED [] DENIED [ ] OTHER: ,- Do g sAnderson County Administrator C,~untv Att~r~~v: . .. Review and Apmovals "" / 11- r" -~ "'''m''r' .. Bu" '$': ~ d lu.~_.. _1... '"" ''-'.;J'''' . ~, Public W~rk9 Dir.: it ;;pr'li"::;;t'l~~\" . .. - '-" , ~Y-~ Pur ::ha,-.inJ: .~ originatin1 D~pt. C:·. EnJr: Financ~: (Ch~ck i,~r c-~py ,~nly, E£l. S/~5 ..... ... '-' 'wi t---'6 .. - INTER-OFFICE MEMORANDUM ·ST. LUCI~ COUNTY, .!LOIµDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 99-400 DATE: March 25, 1999 SUBJECT: First Amendment to Interlocal with City of Fort Pierce - Moore's Creek Stormwater Retrofit Project ================================================================= BACKGROUND: On February 18, 1997, the Board entered into an Interlocal Agreement with the City of Fort Pierce in which the County agreed to contribute an amount not to exceed $176,980.00 toward the estimated cost of the Moore's Creek Stormwater Retrofit project. The estimated cost of the Project is $518,290.00. The parties now desire to amend the Interlocal Agreement to have County pay for the cost of replacing four (4) drainage pipes that outfall to Moore's Creek at an additional cost of $22,381.00. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board approve the First Amendment and authorize the chairman to execute the First Amendment. DSM/caf ...... - .- \...f '-' .4 FIRST AMENDMENT TO INTERLþCAL AGRE~ME~T (MOORE'S CREEK STORMWATER RETROFIT PROJECT) THIS FIRST AMENDMENT is entered into this _ day of , 1999, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County") and the CITY OF FORT PIERCE, a municipal corporation (the "City"). WHEREAS, the parties have previously entered into an Interlocal Agreement dated February 18, 1997 which was recorded in official records book 1064 at page 2454 of the Public Records of St. Lucie County, Florida; and, WHEREAS, the City has requested the County to pay for the cost of replacing four (4) drainage pipes that outfall to Moore's Creek at an additional cost of twenty-two thousand three hundred eighty-one and 0/100 ($22,381.00) dollars; and, WHEREAS, the parties desire to amend the February 18, 1997, Interlocal Agreement to incorporate the terms of the County's agreement to pay the additional cost as set out above. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 4 of the February 18, 1997 Interlocal Agreement shall be amended to read as follows: 4. COUNTY RESPONSIBILITY The County shall contribute an amount not to exceed $199,361.00 toward the estimated cost of the Project. The amount of this contribution is subject to Paragraph 5 below. The county has paid $176,980.00 to the City. The County will pay the additional $22,381.00 within thirty (30) working days of the execution of this Agreement by the last party. 2. Except as amended herein, the remaining terms and conditions of the February 18, 1997, Interlocal Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: g:\atty\agreemnt\inter/ac\ 1 a-Maare's Creek - ... , '-' -....I DEPUTY CLERK CHAIRMAN . APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: CITY OF FORT PIERCE BY: Deputy Clerk Mayor APPROVED AS TO FORM AND CORRECTNESS: BY: City Attorney g: \atty\agreemnt\interloc\ la-Moore's Creek g:\atty\agreemnt\interlac\l a-Maare's Creek - '-" ......, AGENDA REQUEST ITEM NO.C-8 DATE: April 6, 1999 REGULAR [ ] ... PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Utilities Department William R. Blazak SlffiJECT: Request approval of work authorization with Camp, Dresser & McKee, Inc. in the amount of $42,840.00 for engineering services associated with design, permitting, and bidding to construct 1 new lift station and renovate 3 existing lift stations located in the southern service area of the South Hutchinson Island system. FUNDS AVAIL.: Funds will be made available in 451-3510-563005-TBD . PREVIOUS ACTION: see attached RECOMMENDATION: Staff recommends the approval of the Camp, Dresser & McKee, Inc. work authorization in the amount of $42,840.00 for engineering services associated with the design, permitting, and bidding to construct 1 new lift station and renovate 3 existing lift stations. Staff also recommends the Board authorize the Chairman to sign the work authorization. COMMISSION ACTION: [V) [ ] APPROVED OTHER: DENIED - .... Doug :Anderson County Administrator Coordination/Signatures C~ty Atto=ey'X k. .1+- Mgt, · Bruiget,.o:t{2 t\# originating Dept: :lJJttt~i(;?-:\¡'L,/ Other: ,. i Finance Director: (C~eCk for copljonlY, if applicable)____ purchasing Other: Eff. 5/96 ... ... ~ '-' C-'£ BOARD OF COUNTY COMMISSIONERS UTiliTIES & RECYCLING DEPARTMENT WILLIAM ßLAZAK DIREGOR MEMORANDUM , , DATE: BOARD OF COUNTY COMMISSIONERS WILLIAM R. BLAZAK, DIRECTOR l~if¡ APRIL 6, 1999 TO: FROM: SUBJ: Approval of Work Authorization with Camp, Dresser & McKee, Inc. to perfonn engineering services associated with the design, pennitting, and bidding to construct one new lift station and renovate three lift stations located in the Southern service area of the South Hutchinson System. The Work Authorization will be an amount not to exceed $42,840.00. BACKGROUND: . With the completion of the South Hutchinson Island collection and conveyance system, the J&J Utility wastewater treatment plant was taken "off-line" and the wastewater diverted to the new regional facilities. Several small lift stations located within the J&J service area pump to the regional master pump station and are critical to the operation of the system. The stations are the last down stream stations in the small collection areas and to be consistent with the design of the overall system should be under the control of the County. These remaining stations will be redesigned and retrofit consistent with the entire South Hutchinson Island system and become the responsibility of the County to operate and maintain. - . The one station that will need to be added is at Nettle's Island. During the course of the original design sewage at the Beach location at Nettle's Island had been diverted to a septic tank and that infonnation was not conveyed to the design engineers until the majority ofthe work on the collection system was completed. At the time, staff and our consulting engineers were unable to negotiate a favorable change order amount to complete the above-mentioned changes. It was decided that separate plans and specification would be prepared to facilitate bidding of the additional work to achieve a more cost effective price. The work authorization will include easement preparation and acquisition for all of the lift station sites. JOHN D. ßRUHN, Disrrict No.1. DOUG COWARD, District No.2. PAULA A. LEWIS, Disrrict No.3· FRANNIE HUTCHINSON, District No.4· CLIFF [)ARNES, District No.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue . Fort Pierce, FL 34982 · Phone (561) 462-1150 · FAX (561) 462-1153 - ~ '-' RECOMMENDATION: Staff recommends approval of the work authorization with Camp Dresser & McKee in the amount of $42,840.00 and request the Board authorize the Chainnan to sign the authorization. -; , , "- '-' ST. LUCIE COUNTY SOUTH HUTCHINSON ISLAND WASTEWATER FACILITIES WASTEWATER LIFT STATIONS AGREEMENT FOR PROFESSIONAL SERVICES AMENDMENT DATE: WORK AUTHORIZATION NO._ FOR CONSULTING SERVICES c, COUNTY NO.:_ CAMP DRESSER & McKEE INC. CDM PROJECT NO. 6277- I. PROJECT DESCRIPTION Engineering services associated with the design, permitting and bidding for the addition of one (1) new lift station and the renovation of three (3) existing lift stations in the southern service area of the South Hutchinson Island Wastewater System. II. SCOPE OF SERVICES Reference is made to the attached Scopes of Work, Exhibits A and B and the "Agreement for Continuing Professional Engineering Services," dated September 17, 1997. III. CONSULTING ENGINEER INSURANCE REOUIREMENTS A. Professional Liability Insurance with limits of liability no less than One Million Dollars ($1,000,000). · B. Workers' Compensation Insurance in accordance with Florida Statutes. C. Commercial General Liability with minimum limits of Five Hundred Thousand Dollars ($500,000) each accident. D. Business Commercial Auto Liability with a minimum limit of One Hundred Thousand Dollars ($100,000) combined single limit for Bodily Injury and Property Damage. IV. COMPENSATION FOR SERVICES Compensation for Phase I services shall be an upper limit not to exceed amount of Forty Two Thousand Eight Hundred Forty Dollars ($42,840.00). A detailed breakdown of the estimated labor hours and other project costs is included in Exhibit B. Phase II construction services to be approved at a later date with a separate Work Authorization. .... V. SCHEDULE OF PERFORMANCE '-' The estimated time schedule for completion of services is as follows: Design Permitting Bidding Construction (Phase II) Total SUBMITTED BY: CAMP DRESSER & McKEE INC. ( Consultant) By:i..·.~~~ E. Lawrence Adams, Jr., P.E., DEE Vice President DATE: :s / -< O/'y ( , { 4 months 2 month (concurrent with Design) 2 months 4 months 12 months APPROVED BY: ST. LUCIE COUNTY Board of County Commissioners BY: Chairman DATE: ~ w ~ '-'. ExmBIT A ST. LUCIE COUNTY SOUTH HUTCHINSON ISLAND WASTEWATER FACILITIES MAINTENANCE BUILDING SCOPE OF SERVICES INTRODUCTION ì The South Hutchinson Island Wastewater System has been in operation since June 1997. During construction the County and CDM discovered that wastewater from the recreation facility at Nettles Island (east side of State Road A-I-A) was not conveyed to the existing package wastewater treatment plant. Wastewater from the facility is treated by septic tank and drainfield. Wastewater is required to be routed to the South Hutchinson Island Wastewater Treatment Plant by the Indian River Lagoon Act. Additionally lift stations that were encompassed by the old J&J Utilities service area were not renovated during the construction of the wastewater conveyance system due to pending legal action. Three (3) of the lift stations, which the County now maintains require renovation to meet County system standards, the fourth (Windmill Village) is to be maintained by the condominium association. PHASE I - TASKS 1.0.2.0 and 3.0 TASK 1.0 - DESIGN Camp Dresser & McKee, Inc. (CDM) will prepare and provide construction drawings and specifications for the proposed lift station improvements. One (1) new lift station at the Nettles Island recreation facility is to be designed for insertion in to the existing septic tank. Three (3) existing lift stations (Marriott Courtyard, Riverwatch and Hutchinson Island Shoppes) are to be renovated to meet County standards. Easement acquisition documentation is included for power feed to each station. CDM will coordinate with Florida Power & Light as necessary for each facility. Two(2) technical review meetings will be held during the design phase of the project at 50% and 90%. TASK 2.0 - PERMITTING CDM will assist the County in obtaining construction permits required for the project from the Florida Department of Environmental Protection (FDEP). CDM will meet with the Florida Department of Environmental Protection (FDEP) as necessary. CDM will also prepare and provide the necessary documentation required for submittal to the County for the site plan approval process and building permit acquisition by the Contractor. TASK 3.0 - BIDDING A single contract for improvements/construction will be let to a general contractor. CDM will respond to any questions which may arise during the bidding phase of the project and issue addenda as necessary. Upon receipt of bids, CDM will evaluate all bids and recommend award to the County. W-' J ExmBIT B-1 PROJECT BUDGET PROJECT: South Hutchinson Island Wastewater Facilities Wastewater Lift Stations PROJECT DESCRIPTION: Phase I -Tasks 1.0,2.0 and 3.0 Design, Pennitting and Bidding Services Labor Category ~ Total Officer Principal! Associate Senior Professional Professional II Professional I Staff Support Services Senior Support Services Project Administration 8 8 80 160 40 80 40 60 476 TOTAL LABOR COST $34,840 OTHER DIRECT COSTS Travel Copying and Printing 1,000 Computer Postage and Shipping 500 $ 500 1,000 , TOTAL OTHER DIRECT COSTS $3,000 OUTSIDE PROFESSIONALS $5.000 TOTAL ESTIMATED COST $42.840 TOTAL UPPER LIMIT AMOUNT, USE $42.840 '-" 'w1I AGENDA REOUEST ITEM NO. t ...1A DATE: April 6,1999 REGULAR ( PUBLIC HEARING 12: Board of County Commissioners CONSENT ( X ) SUBMITTED BY (DEPT.): Administration PRESENTED BY: Doualas M. Anderson SUBJECT: Request for Authorization to Have Chairman of the Board Send Letter to Florida Department of Revenue Regarding Automated Services Funding BACKGROUND: In 1998, the Automated Services Board of Governors agreed in concept to reduce funding for the Automated Services Department but fund the Department for five years at a decreasing rate that would not cause a countywide financial crisis. This is the second year of the funding program. In order to provide the necessary Automated Services Department funding for FY 1999-2000, the Tax Collector must obtain approval from the Florida Department of Revenue. A draft letter is attached to this agenda request which, if authorized, will be signed by the Chairman and forwarded to the Florida Department of Revenue. It is recommended that the Board authorize the Chairman to send the attached letter to the Florida Department of Revenue recommending support for funding for the Automated Services Department. FUNDS AVAIL.: Not Applicable. PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize the Chairman to send the attached letter to the Florida Department of Revenue recommending support for funding for the Automated Services Department. (V) ( ) APPROVED OTHER DENIED RENCE: COMMISSION ACTION: Doug a County Review and ADDrovals County Attorney: Management & Budget Purchasing: Originating Dept: Other: ~OROTHYJ.CONRAD,CP¿ ST. LUCIE COUNTY TAX COLLECTOR P.O. BOX 308 FORT PIERCE. FLORIDA 34954-0308 C-CfA MAIN OFFICE: County Administration Bldg. 2300 Virginia Ave. Fort Pierce, FL 34982-5652 (561) 462-1650 Fax (561) 335·2006 PORT ST. LUCIE OFFICE: Village Green Center 9340 S. Federal Hwy. Port SI. Lucie, FL 34952·2885 (561) 337-5600 Fax (561) 337·5624 March 22, 1999 Hand Delivered Doug Anderson, County Administrator St. Lucie County Board of County Commissioners 2300 Virginia Avenue Ft. Pierce, FL 34982 /?/f} /7 ~ /? Ó! / /'/{:> (. 1- poJ ¡luo Re: Automated Services Funding Dear Doug This office has to request from the Department of Revenue, a budget amendment for the extra 'emergency funding phase-out' for our 1998-99 share of Automated Services' funding. Please see the letters attached dated February 26 and March 22, 1998, for a complete explanation. We need a letter from the Board asking us to continue the funding. I have taken the liberty to draft a suggested letter for the Board chairperson to sign (see attached). Mrs. Conrad would like to hand-carry this budget amendment with her to Tallahassee on April 12, 1999, to personally talk to the appropriate D.O.R. budget personnel. I am asking that, if possible, you obtain the letter for me sometime during the week of April 5th for inclusion in our budget amendment package. Please call if you have any questions Sincerely, ~6 Bob Davis, C.P.A. Assistant Tax Collector fr' ¡/õ1,·Œ & Œ U ¡If Œ1fñ)l iÍUr .ll_ ¡!~ I JL' __-':0 ADMIN OFFICE I .-------, REAL ESTATE AND PERSONAL PROPERTY TAXES' TOURIST DEVELOPMENT TAX . OCCUPATIONAL LICENSE' ALARM PERMITS Agents for DEPARTMENT OF MOTOR VEHICLESNESSELS . DEPARTMENT OF ENVIRONMENTAL PROTECTION (Hunting and Fishing) WE ARE HAPPY TO BE OF SERVICE TO YOU '-' '..."I DRAFT Sally V. Mathews, Budget Analyst Florida Department of Revenue Room 128, Carlton Building Tallahassee, FL 31301 This letter would accompany the Tax Collector's budget request to the DORfor extrafundingfor AlS Re: Dorothy Conrad, St. Lucie County Tax Collector Justification for Budget Increase for Data Processing Dear Mrs. Maßhews, I am writing to you on behalf of the St. Lucie County Board of County Commissioners and at the request of Dorothy Conrad. Mrs. Conrad, along with the other constitutional officers and the Board chairman, is a member of the county's Board of Governors. The Board of Governors is the oversight authority for Automated Services, the county's centralized computer system. Each of the constitutional officers and the Board of County Commissioners contribute a portion of their budgets each year to fund the Automated Services department. In the prior fiscal year, the Tax Collector established her own in-house data processing department and hired two individuals from Automated Services. During the current fiscal year she hired an additional systems analyst. Her original plans were to reduce her financial commitment to the Board of Governors by the same amount in which her office's budget increased. This plan would not have increased the Tax Collector's total budget for the year. However, after scrutinizing his budget, the director of Automated Services determined that his department would be in a financial crisis if the Tax collector, and others, reduced contributions to the Board of Governors. In a separate memo to the Board Chairperson last year, the constitutional officers agreed in principle to phase in, over a five year period, a new pricing structure to fund Automated Services. For fiscal year 1998-99, the Tax Collector's share of the Automated Services budget is $580,141. This amount consists of the Tax Collector's actual cost ($119,804) plus 80% of the prior cost to her department ($460,337). This letter is an appeal to the Department of Revenue to allow Mrs. Conrad to submit a budget amendment for $460,337. This additional cost to her office would be funded from her excess fees. Please contact the county administrator if you have any questions. [signed by Paula Lewis] .... .t··, ....... ""wI AGENDA REQUEST ITEM NO. C-9B DATE:4/6/99 REGULAR [] PUBLIC HEARING CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Administration Comm. Doug Coward SUBJECT: Emergency Medical Services Board BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION :. RECOMMENDATION: Commissioner Coward requests ratification of his appointment of Mario Vargas to the Emergency Medical Services Board. Ò(J [ ] APPROVED OTHER: DENIED COMMISSION ACTION: Review and ~provals County Attorney: Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96