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HomeMy WebLinkAboutAgenda Packet 10-19-99 · W' October 19, 1999 ..., WELCOME BOARD OF COUNTY COMMISSIONERS MEETING 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 HEARlNGS- 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 prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies 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. MEETlNGS- 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, Fla. 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. W' ..., ßOARD OF COUNTY COMMISSIONERS www.stlucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 AGENDA October 19, 1999 7:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held October 12, 1999. 2. PROCLAMATIONIPRESENTATION Road and Bridge / Presentation - Mrs. Susan Haislip, School Librarian, and students of Ft. Pierce Central High School will make a presentation on the wall mural for Edwards Road. Consider staff recommendation to approve the painting ofthe wall mural as arranged by Mrs. Haislip. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBLIC HEARINGS ~ ~~/ ~( Resolution No. 99_187/0uasi-JudiciaIlCHARLES A. WIDTE - This is continued from the September 7, 1999 Board meeting. Consider staff recommendation to approve the resolution granting Preliminary and Final Planned Unit Development approval for the project known as Pine Summit - PUD, and for a Change in Zoning from the RM-5 (Residential, Multiple-Family _ 5 du/acre), CO (Commercial, Office), and CG (Commercial, General) Zoning Districts to the PUD (Planned Unit Development - Pine Summit) Zoning District. Location: East side of South U.S. Highway No.1, approximately 500 feet South ofthe entrance to the Vista St. Lucie CondominJum~'¡L- /ð ß- 'L-- Re~n No. 99-19110uasi-JudiciallPAUL JOSEPH DUPONT- Consider staff recommendation to approve the resolution granting a Change in Zoning from the RS-2 (Residential, Single-Family - 2 du/acre) Zoning District to the RM-9 (Residential, Multiple- Family _ 9 du/acre) Zoning District. Location: 6870 Andrews Avenue 5A. ~. tJII Jr~./ 0/ 5/0 5B. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Boarö at these meetings will ~eed. a record of the proceedmgs and for such purpose may ~eea to ensure that a verbatim record of the proceedmgs IS made. Upon the requesf of any party to the proceedmgs, individuals testifying during a hearing will be sworn in. Any par1Y to the proceedings will be granted toe opportunity to cross-examine any indivI~ual tes.tifying during a hearing upon r~quest. Anyone with. a disabi.lity requiring accommodation to attend this meetmg should contact the St. Lucie County CommuDlty Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. W' ..., REGULAR AGENDA OCTOBER 19, 1999 PAGE TWO PUBLIC HEARINGS (CONTINUED) Sc. Resolution No. 99-024/0uasi-JudiciallPIPPIN TRACTOR - Consider staff recommendation to approve the resolution granting a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District. Location: East side of Kings Highway, approximately Y2 mile north of St. Lucie Boulevard SD. Resolution No. 99-190/0uasi-JudiciallREAL STONE & GRANITE CORPORATION - Consider staff recommendation to approve the resolution granting a Conditional Use Permit to allow the manufacturing of cut stone and stone products in the IL (Industrial, Light) Zoning District. Location: 427 South Market Avenue SE. Resolution No. 99-192/0uasi-JudiciallDOMINlCK LIOCE - Consider staff recommendation to approve the resolution granting a Change in Zoning from the PUD (planned Unit Development - Pelican Pointe) Zoning District to the IDRD (Hutchinson Island Residential District) Zoning District. Location: West side of South SR A-1-A, adjacent to the south property line of the South Hutchinson Island Water Reclamation Facility 6. LEISURE SERVICES Coon Island Management Plan - Consider staff recommendation to approve the management plan for Coon Island and forward it to the Land Acquisition and Management Council for approval of the Board of Trustees of the Internal Improvement Trust Fund. 7. COUNTY ATTORNEY Ordinance No. 99-2S - Title Loan OrdinancelPermission to Advertise - Consider staff recommendation to approve advertising the Title Loan ordinance. { t//l> 6ffrr-/ /' þ.ß;-1 ¿. - , hlc- ¥ ....., CONSENT AGENDA October 19. 1999 1. WARRANTS LIST Approve warrants list No. 54 Approve warrants list No.3 2. DIVISION OF FORESTRY Annual Report - The Board is asked to accept the Annual Fire Control Report from the State Division of Forestry. 3. LEISURE SERVICES A. John Brooks Management Plan - Consider staff recommendation to approve the management plan for John Brooks Park and forward it to the Land Acquisition and Management Council for approval of the Board of Trustees of the Internal Improvement Trust Fund. B. Pepper Park Management Plan - Consider staff recommendation to approve the management plan for Pepper Park and forward it to the Land Acquisition and Management Council for approval of the Board of Trustees of the Internal Improvement Trust Fund. 4. COMMUNITY DEVELOPMENT A. Work Authorization No.3 - Consider staff recommendation to approve the work authorization between St. Lucie County and Inwood Consulting Engineers for the design, permitting and inspection of the previously authorized Lakewood Park Recreation Path. B. Contract Amendment No. 1 - Consider staff recommendation to approve the amendment to the existing agreement between St. Lucie County and the Office of Tourism, Trade and Economic Development for the construction of a railroad spur to the Magnum Environmental Services facility on West Midway Road. 5. PUBLIC WORKS EngineeringlRequest for Transfer - Consider staff recommendation to approve the transfer of the mining permit from Strazzulla Brothers Co., Inc. to Metropolitan Life Insurance Company, to accept the two surety bonds (reclamation bonds) from Dickerson Florida, Inc. in the amount of $35,000 each, and to release the two existing letters of credit (reclamation bonds) in the amount of $35,000 each, in favor of Strazzulla Brothers Co., Inc. 6. ADMINISTRATION A. Resolution No. 99-244/St. Lucie County Fairgrounds Site Development Plans -Consider staff recommendation to approve the budget resolution and Work Authorization No. 4 with Kimley-Horn and Associates, Inc., in the amount of $3,507.00 for preliminary design of Phase I of the St. Lucie County Fairgrounds Site Development at Midway Road and Okeechobee Road (SR70). Funds will be reimbursed by the Fairgrounds Association. B. Board of Adjustment Appointment - Consider staff recommendation that the Board ratify Commissioner Coward's appointment of James Fowler to serve on the Board of Adjustment. ¥ "'*tIll CONSENT AGENDA OCTOBER 19, 1999 PAGE TWO 7. COUNTY ATTORNEY A. Permission to advertise Request for Proposals - Consider staff recommendation to approve advertising the Request for Proposals for a collection service for delinquent court fines. B. Ordinance No. 99-27 - Civil Traffic Infraction Hearing Officer Program - Consider staff recommendation to approve advertising the Civil Traffic Infraction Hearing Officer Program ordinance. 8. COMMUNITY SERVICES New Horizons of the Treasure Coast, Inc. - Consider staff recommendation to approve the First Amendment to the grant agreement with New Horizons of the Treasure Coast, Inc. correcting the amount from $565,210 to $538,295 and authorize the Chairman to sign the amendment. '-" ....", /!JULSfct BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA October 19.1999 REGULAR AGENDA A.I PRESENTATION :;~ .i' J c/ cPo /' () Excess Revenue - Mrs. Dorothy Conrad, Tax Collector, will return excess tax revenue to the Board of County Commissioners. CONSENT AGENDA A.2 MANAGEMENT AND BUDGET Hurricane Irene Funding - Consider staff recommendation to approve the transfer of funds from the General Fund Reserves to cover anticipated expenses associated with the preparations for and recovery from Hurricane Irene. '-" ~ BOARD OF COúl'¡TY Cr):MMISSIONERS ST. LUCIE COUNTY,FLüRIDA REGULAR MEETING Date: October 12, 1999 Tape: 1-2 Convened: 9:00 a.m. Adjourned: 10:45 a.m. Commissioners Present: Chairman, Paula A. Lewis, Toh~ D. Bruhn, Cliff Barnes, Frannie Hutchinson, Doug Coward . Others Present: Doug Anderson, County AdmiI1Î.strator; Dan McIntyre, County Attorney, Julia Shewchuk, Community Development Direçt0r; Dennis Murphy, Asst. Community Development Director; Ray Wazny, Public WÜfk& Djf€.,.:;tor; Paul Phillips, Airport Director; Mike Leeds, Leisure Services Director; Hank Dufour, Human Resources Director; Bill Blazak, Utilities Director; Jim David, Mosquito Control Director; Don West, County Engineer; Harvey Lincoln, Management/Budget Manager; Don Cole, Acquisitions Manager; Nick Dragash, Central Services Manager, Beth Ryder, Community Services Manager; Joe Finnegan, PersonnellRisk Manager; Gayla Barwick, Tourism Manager; Deputy Nickel; A. Millie Delgado, Deputy Clerk 1. MINUTES(1-020) It was moved by Com. Coward, seconded by Com. Bruhn, to approve the minutes of the meeting held on October 5, 1999 to include the correction; and, upon roll call, motion carried unanimously. 2. PROCLAMATION (1-030) Resolution No. 99-240- Proclaiming the month of October, 1999 as "Domestic Violence Awareness Month" in St. Lucie County, Florida. It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve Resolution No. 99- 240; and, upon roll call, motion carried unanimously. Ms. Deborah Swanson, Director, Safe Space, was present to accept the proclamation. 3. GENERAL PUBLIC COMMENTS (1-110) Mr. David Keown, Lakewood Park resident, address<.;J the Board regarding Ordinance No. 99-23 and stated his opposition to this ordinance. . . , . . Mr. Bob Bangert, Holiday Pines resident, a~rlí~SSf.~ thr: Beard regarding the amount of mobile homes in the County. Mr. Bangert also addressed R~p. prLiit~'''; proposal for an additional homestead exemption for the elderly and the loss of tax revenue. -1- '-' ~ -, ......, C-7C Com. Bruhn requested this item be pulled for separate vote. Price increase at Met Stadium- For consideration before the Board was staff recommendation to increase the admission prices for the 2000 Spring Training season at Met Stadium. Com. Bruhn questioned if it would be possible. to gÿtthe Mets to play more night games and also provide a section for students. The Leisure Services Director advised CûIH. Bruhn : Þa~ ~1e has had discussions concerning this matter with the Mets General Manager and he has not rel.ei\"~d an answer as yet. He also stated that they have not increased the admission fee for sOlne time and does not feel this would be a problem since other teams are charging more for their games. Com. Bruhn asked staff to check into the student secáon and see if it is possible to set aside an I area for them. Com. Coward stated he concurs with Com. Bruhn and suggested the empty seats be utilized for various community groups as well as children's programs. He suggested a letter be sent by the Board encouraging these seats be utilized for this purp(l~e. Com. Barnes suggested an "autograph signing" sectiQn be provided which may increase attendance. ..... -,.' ,.. Com. Lewis stated she was not sure that increasing the !1rice would be a good idea especially since there have been discussions on eliminating sittiÙt; are'} dl~r. to low attendance. Com. Hutchinson stated it would be very difficult for a f:.!mily to enjoy this type of event if the admission prices continue to increase which does not include the prices at the concession stands and asked the Mets provide their ideas to the Board . Com. Hutchinson stated she would be voting against the increase. Com. Barnes concurred with Com. Hutchinson and stated he would like to see some ideas from the Mets on how they intend to make their games more "people friendly" and provide a proposal to the Board for their review. It was moved by Com. Barnes, seconded by Com. Hutchinson to deny staff recommendation; and, upon roll call, motion carried unanimously. 4. CONSENT AGENDA (1-1325) It was moved by Com. Hutchinson, seconded by Com. Coward, to. approve the Consent Agenda with item C-7C being pulled for separate vote and discussion. 1. WARRANT LIST The Board approved Warrant List No. 53 and No.2 2. CENTRAL SERVICES A. FBI Lease- The Board approved the re~ewaÌôfthe lease agreement for fiscal year 1999- 2000 for 340 sq. ft. ofeffice space in the amount of $1 28. 92/month for the term of one year at the County Building at 435N. 7th St.. -2- ......, .""""" . .--- . . ..,... I I 10/09/99 ST. LUCIE COUNTY - BOARD \ PAGE 1 ." I .. I FZABYARR YARRANT LIST # 2- 02-OCT-1999 TO 08-OCT-1999 ! FUND SUMMARY I " I I 0~' I '.. . ~ '" þAYROLL ·~~.~~~,t?A FUND TITLE EXPENSES I I 001 General Fund 20,694.99 I 0.00 I I 001126 Section 112/MPO/FBYA Planning 99/00 317.56 I 0.00 ¡ 001235 TOC Planning Gran t 98/99 53.11 I 0.00 101 Transportation Trust Fund 8,101.93 I 0.00 I 102 Unincorporated Services Fund 2,586.65 I 0.00 I 102001 Drainage Maintenance MSTU 185.15 I 0.00 I 105 Library Special Grants Fund 90.63 I 0.00 i 107 Fine & Forfeiture Fund 11,752.16 I 0.00 140 Port & Airport Fund 740.25 I 0.00 I 160 Plan Maintenance RAD Fund 270.49 I 0.00 183 Ct Administrator-19th Judicial Cir 393.21 I 0.00 183001 Ct Administrator-Arbitration/Mediat 126.89 0.00 183004 Ct Admin.- Teen Court 158.39 I 0.00 I 186 Recycling Operating Fund 104.51 I 0.00 186202 DEP-Recycling & Education 98/99 34.83 I 0.00 401 Sanitary Landfill Fund 45,066.12 I 0.00 I 418 Golf Course Fund 2,202.98 \ 0.00 461 Sports Complex Fund 527.39 0.00 471 Holiday Pines Utilities Fund 87.24 I 0.00 491 Building Code Fund 1 , 056. 17 \ 0.00 501 Automated Services Fund 7,737.87 0.00 505 Health Insurance Fund 198.16 \669.87 505001 Property/Casualty Insurance Fund 58,229.00 : 0.00 510 Service Garage Fund 659.20 I 0.00 I I ,.~~ 611 Tourist Development Trust-Adv Fund 233.44 I 0.00 625 Law Library 225.00 I 0.00 650 Agency Fund 5,739.10 I 0.00 I GRAND TOTAL: 167,572.42 I 1669.87 I I I I I 1 I ! 1 I I I I I I -- _I i I 1 ! I 1 I ~~~~;.~J I I I I I I I I I I I '-" >..J I I I 10/08/99 ST. LUCIE COUNTY - BOARD I PAGE 1 I I FZAB\1ARR \1ARRANT LIST 153- 01-OCT-1999 TO 07-0CT-1999 I FUND SUMMARY I I I *,,-:~4 .:...i , FUND TITLE EXPENSES ÞAYROLL I 001 General Fund 193,875.10 I 0.00 I 001120 Communi ty Services Block Grn t 98/99 3,178.61 I 0.00 001122 CDBG--\1orld of Plastics 2,100.00 0.00 001126 Section 112/HPO/FHWA Planning 99/00 49.28 0.00 001235 TDC Planning Grant 98/99 98.56 0.00 , 001237 Transit Element for Long Range Plan 48,000.00 I 0.00 I 001242 98/99.E. M.. P.A. 362.00 I 0.00 , 101 Transporta tion Trus t Fund 52,843.07 I 0.00 I 101002 Transportation Trust/80% Constitut 20,274.00 j 0.00 101003 Transportation Trust/Local Option 172,758.40 I 0.00 101006 Transportation Trust/Impact Fees 153,190.80 I 0.00 102 Unincorporated Services Fund 2,319.14 0.00 102001 Drainage Maintenance MSTU 13,066.09 0.00 105 Library Special Grants Fund 1,824.96 0.00 107 Fine & Forfeiture Fund 31,933.82 0.00 111 River Park I Fund 2,517.55 0.00 112 Ri ver Park II Fund 507.17 0.00 115 Sheraton Plaza Fund 431. 82 0.00 118 Paradise Park Fund 692.47 0.00 120 The Grove Fund 138.22 0.00 122 Indian River Estates Fund 832.80 0.00 126 Southern Oak Estates Lighting 108.57 0.00 139 Palm Grove Fund 648.34 0.00 140 Port & Airport Fund 12,012.31 0.00 ~j1 160 Plan Maintenance RAD Fund 1 , 107.03 0.00 170 Court Facili ties Fund 2,612.99 0.00 182 Environmental Land Acquisition Fund 31. 60 0.00 183 Ct Administrator-19th Judicial Cir 369.05 0.00 183001 Ct Administrator-Arbitration/Mediat 443.72 0.00 183004 Ct AdÌidn. - Teen Court 191.40 0.00 183207 Court Transcribing Costs 98/99 1,141.00 0.00 186 Recycling Operating Fund 6,587.02 0.00 186202 DEP-Recycling & Education 98/99 13.98 0.00 316 Co\ll1ty Capital 96,720.53 0.00 338 Anita Street Capital Fund 1,457.21 0.00 401 Sani tary Landfill Fund 73,412.54 0.00 401217 DEP-\1aste Tire 98/99 4,761.51 I 0.00 r 418 Golf' Course Fund 13,571.39 .... ! 0.00 441 North Hutchinson Island Utilities 9,152.77 0.00 451 S. Hutchinson Utilities Fund 510.44 0.00 461 Sports Complex Fund 3,018.40 0.00 471 Holiday Pines Utilities Fund 7,946.50 0.00 491 Building Code Fund 1,495.32 0.00 501 Automated Services Fund 65,875.92 I 0.00 505 Health Insurance Fund 22.82 6;028.85 505001 Property/Casualty Insurance .Fund 1,255.40 0.00 510 Service Garage Fund 2,071.99 0.00 '11 T~U1:'btl ~vQJ.QprlNilnt; Tnu:¡tooÄdv ~n4 :¡~, 741 ¡,~A Q.QA 625 Law Library 5,035.38 0.00 GRAND TOTAL: 1,036,310.57 6~028.85 I I I I I I I I I I '-' ..." B. Contract Extension- The Board approved the first extension option for the second amendment to extend the contract with Paragon Termite and Pest Management until June 24, 2000 in the amount of $1, 180/month. '. . -.'." .j .' C. Contract Amendment- The Board approved the amendment to the Custodial Services contract with Golden Mark Maintenance to include the Morningside, Port St. Lucie Branch, Hurston Branch, Lakewoodpark and the Main Library for a total of$3,927.85 per month, bringing the total contract price t6 :Iì2l1~q.~5 per moth ($256,678.20) per year. 3. COMMUNITY DEVELOPMENT Resolution No. 99-238- The Board approved the resolution authorizing the submission of the US.C. 5307 Federal Transit Administration Grant, to approve the 10% match for rolling stock (funding will be appropriated in FY 00/01), and authorized the Chairman to sign the documents. 4. MANAGEMENT/BUDGET A. Resolution No. 99-242- The Board approved the budget resolution acknowledging the revenue and appropriation of funds from FEMA for the claim submitted after the 1999 Florida Wildfires in the amount of ~4ï5,815 [ell jisa~t~r relief assistance. B. Resolution No. 99-243- The Board approved the budget acknowledging the revenue and appropriation of funds from the US Dept. of Justice for the FY 1999 State Criminal Alien Assistance Program. Com. Bruhn questioned why the County was not receiving these funds since the County already pays for the incarceration of the Aliens. He feels the money should come to the County rather than the Sheriff's office. He asked staff to contact the Sheriff's department and provide information to the Board on how this money is being expended. The County Administrator stated he would contact the Sheriff's office and would come back to the Board with the information. C. Resolution No. 99-246- The Board approved th~ resolution establishing the budget for the Westglen MSBU D. Resolution No. 99-245- The Board approved the resolution establishing the budget for Raintree Forest MSBU 5. PUBLIC WORKS Acceptance of Road and Release of Surety Bond- The Board approved acceptance of the Crossroads Park of Commerce roadways, release of the maintenance bond in the amount of$28,771.03, and maintenance of the roadways by the City of Ft. Pierce. 6. COUNTY ATTORNEY A. Ordinance No. 99-23- Funding for Crime Prevention Programs and Safe Neighborhood Programs- The Board approved advertising the ordinance for public hearing. Com. Bruhn had several questions regarding this pr~gram. -3- '-' -oJ The County Attorney stated this is an item the Undersheriff had requested and he feels that this is something that is needed. This program is not being funded through property taxes, it is being funded through fines or costs assessed to criminal defendants if convicted. Com. Hutchinson questioned how these funds were going to be expended by the Sheriff's office. The County Attorney stated he was told the funds would be spent on Crime Prevention programs and advised the Board that he would ask the Undersheriff to provide the Board with a proposal on how these funds will be spent before the public hearing. B. Option Agreement/lndrio North Savannas Project- T11c Board approved the option agreement for Parcel 76 and authorized the Chairman to execute the agreement and direct staff to close the transaction and record the document in the Public Records of St. Lucie County Florida. C. Consent to Assignment of Lease Agreement- The Board approved the proposed Consent to Assignment of Lease Agreement for the assignment of the lease with Robert M. Mulgrew to Warnie Chandler, and authorized the Chairman to sign the Consent. D. Amended and Restated Revocable License Agreement- Steil Oil Company/Angle Road and Avenue D- The Board approved the Amended and Restated Revocable License Agreement and authorized the Chairman to execute the agreement and instruct James W. Steil, Inc., to record the Agreement in the Public Records of St. Lucie County. E. Interlocal Agreement- The Board approved the proposed interlocal agreement with the Florida Department of Health for the Midway. f'.)ad Health Department Facility, and authorized the Chairman to sign the agreement. 7. LEISURE SERVICES A. Capital Request No. CAPOO-055 and Budget Amendment No. BA 00-101- The Board approved the installation of city water for a drilJång water fountain at Paradise Park and authorized the Chairman to sign the annexation agreement. B. Retroactive Pay Adjustment/Classification- The Board approved a 15% pay adjustment retroactive to January 4, 1999 and the new sal~j level for FY 99-00 and approved Reclassification No. RCOO-I07 and the fun,ling from the General Fund for the Supervisor II at the Savannas Recreation Area. , , Com. Bruhn requested that the employee have the option to live on site as opposed to off site. The Leisure Services Director stated the employee has a h;":;V îamily and would prefer to live in a private home in order to accommodate them . Com. Bruhn requested staff to check to see if they could place someone on site to limit the costs. 8. COMMUNITY DEVELOPMENT A. Tourism- The Board approved payment of the September invoices to R.J. Gibson in the amount of$12,098.53. B. Change Order No. I/South A-I-A Bike Path- The Board approved Change Order No.1 to Contract No. C98-0 1-216, W.A. No.4, authorizing the increase in the overall budget for this project by $24,200. The source of funds for this 'additional work will be from Road Impact Fee Zone Number 5. -4- '-' ...., C. Change Order No. I/North A-I-A Bike Path-:-.The, Board approved Change Order 1 to Contract No. 99-04396 authorizing the increase in the overàll budget for this project by ,.. $3,470, the source offunds for this additional work will be from Road Impact Fee Zone Number 7. ~ ~.." .. . "'. ~.'t . D. Grant Application- The Board appro~ed the submittal of a grant application to the Department of Community Affairs 'Flonda Cmi~tal"¥fln,,,gement Program for up to $50,000 in funds for small capital improvements or construction projects under the Coastal Partnership Initiative. 9. UTILITIES RECYCLING Contract Extension- The Board approved the contract extensions for Contract No. C-8863 and Contract No. C-8864 with South Florida Water Management District to facilitate close out of the projects. 10. PURCHASING A. Bid Waiver and Sole Source Declaration- Thè Board approved the bid waiver and sole source declaration for the repairs and parts for Caterpillar to Kelly Tractor, and for Rex and Volvo to L.B. Smith. B. Maintenance Contract- The Board approved the Métintenance Contract for Savin Copiers with Max Davis and Associates, and authorized the Chairman to sign the contract. 11. PERSONNEL/RISK MANAGEMENT Position Reclassifications- The Board approved the reclassifications of the two Airport maintenance workers from Maintenance Worker III to Heavy Equipment Operator I. REGULAR AGENDA 5. COUNTY ATTORNEY(I-1325) A. Local Option Gas Tax:- For consideratIon before the Board was staff recommendation to determine whether to approve the interlocal agreement to distribute the ELMS 5 cent Local Option Gas Tax. The County Attorney gave a history of the tax: and the re-calculations. He advised the Board that the City of Port St. Lucie as well as St. Lucie Village aprroved the draft interlocal agreement. He advised the Board of a typographical error on the back up material. The 1999/2000 share percentages between the County and St. Lucie Village were transposed in error. Com. Bruhn stated he felt the 10 year recalculation op~ion would be the best option. Com. Coward stated he would support the interlocal ap:reement which was before him today since the calculations which are done every year, are bas~d on the previous 5 years. It was moved by Com. Coward, seconded by Com. Barnes, to approve the interlocal agreement; and, upon roll call, the vote was as follows: Nay: Bruhn; Aye's: Hutchinson, Barnes, Coward, Lewis; motion carried by a vote of 4 to 1. Com. Hutchinson requested that in the following years staff review the re-calculations with Board before presenting them to the other entities. -5- '-'" -.....I ",.. B. Option Agreement/Pepper Park Addition- For consideration before the Board was staff recommendation to accept the Giànt from Fllh;ùa Communities Trust for FCT Project # 99-001 -P9A pending review and approval by the éoùnty Attorney, and approve the Interlocal Agreement between the'BOCC arid the. District, approve the Option Agreement for the Teton Valley County Club Parcel, authorize the Chairman to execute the agreement and direct staff to close the transaction and record the Deed in the Public Records of St. Lucie County, Florida. Com. Barnes requested that the surrounding property owners as well as the public be made aware of the fact that this particular parcel will be open for public access and will have public structures. The Mosquito Control Director addressed Com. B;mes request and stated there would be some "rustic improvements". Com. Barnes requested that this be communicated to the property owners in the area. It was moved by Com. Coward, seconded by Com. Brulw. to approve staff recommendation; and, upon roll call, motion carried unanimously. 6. ADMINISTRATION Planning and Zoning Commission- For consideration before the Board was the request of the County Administrator to appoint two at large members to serve on the Planning and Zoning Commission from the list of interested candidates provided. * * * With the tallying of 5 votes the following persons were nominated trom the list of 3 0 I . candidates: Commissioners Lewis and Barnes....... Carson McCurdy (2) Commissioners Lewis and Hutchinson.....Diana Wesloski (2) Commissioner Coward........ Fred Rudder Jones, JI. Commissioner Hutchinson......James {0.·~ler Commissioner Bruhn.... .Deborah Crouse Commissioners Bruhn, Coward, Barnes....... William Hearn(3) Mr. William Hearn was the first appointee with a total of 3 votes. It was the consensus of the Board to select one of the candidates who received votes by tallying the Board on a second round for the second position. Those candidates were: Carson McCurdy Diana Wesloski Fred Rudder Jones, Jr. James Fowler Deborah Crouse Upon tallying the votes the results were ë.Z follows: Commissioners Coward, Lewis, Barnes....... Carson McCurdy Commissioners Bruhn, Hutchinson...... . Diana E. Wesloski The second appointee to the Board was Carson McCurdy with three votes. -6- '-" '-tI 7. LEISURE SERVICES(1-2379) South County Regional Sports Complex- Consider staff recommendation to conceptually approve the construction of the South Regional Sports Complex. The Leisure Services Director addressed the Board's questions regarding staffing the new complex, administrative costs and promotional costs. It was moved by Com. Coward, seconded by Com. Barnes, to conceptually approve the construction of the South Regional Sport Complex; and, upon roll call, motion carried unanimously. 8. MOSQUITO CONTROL (1-3530) Agreements for Sale-Queens Island Acquisition Phase I and 11- For consideration before the Board was staff recommendation to approve the agreements for the following tracts: Robert E. Cleaves, IV and Dorothy Goulter as Trustees- Tract Nos. 100-023 and 100-024 in Phase II, P.MJ. Corporation - Tract Nos. 100-021 and 100-022 in phase II and Tri County Wholesale Distributors, Inc., Tract Nos. 100-012 and 100-013 in Phase I and commit County Environmentally Sensitive Lands Funds estimated at $533,201.00 inland costs alone, as well as the County percentage share of the pre-acquisition and closing costs as set forth in the MOU and the Acquisition and Ownership Agreement. Com. Barnes commended the Mosquito Control Diæctor for his efforts in obtaining these tracts. It was moved by Com. Coward, seconded by Com. Bruhn, to approve staff recommendation; and, upon roll call, motion carried unanimously. BOARD COMMENTS Com. Coward commented on the Title Loan transactions and advised the Board that there are 21 counties that have passed local ordinances limiting thêinterest rates to 30% rather than the 264% permitted. He asked the Board to consider doing this locally and asked the Board to consider directing staff to investigate this further in order to allow them to accomplish the same. The County Attorney advised Com. Coward that Com. Barnes had previously requested staff look into this issue and since his office has drafted M ordinance and he hoped to schedule this item for the next meeting. Com. Coward also commented on the correspondence received from the U.S. Census Monitoring Board, dated September 30th; where it states that it is imperative that local authorities take the proper steps to insure their constituents are counted. lÜe report alludes to severe and systematic undercounts of isolated and minority communities in the 20UO census. The County Administrator advised the Board of the steps staff has taken on this issue. Com. Coward questioned how the "Migrant Workers II are accounted for. The Public Works Director stated he would get an answer to this question and would provide the Board with the information. -7- '-' ...., Com. Hutchinson suggested contacting various religious facilities to see if they would assist when the time comes for the information to be distribut~~cI The Public Works Director stated he would pursue her suggestion. There being no further business to be brought before .he Bf)(1:-::!, the meeting was adjourned at 10:45 a.m. Chairman Clerk of Circuit Court -8- '-" AGENDA REQUEST ...¡ ITEM NO. 2 DATE: OCTOBER 19, 1999 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] SUBMITTED BY: PUBLIC WORKS DEPT-ROAD & BRIDGE DIV p~~ P. M. Bowers, Manager Road & Bridge Division TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Painting of a wall mural located on Edwards Road. BACKGROUND: As part of the construction of Edwards Road, St. Lucie County acquired the maintenance responsibility for a wall. The wall is fiJíL high, 55Q ft. long and is located on the north side of the road west of Sunrise Boulevard (photo's attached). Some time ago, I approached Ft. Pierce Central High School asking of their interest in painting a wall mural. Mrs. Susan Haislip, School Librarian, has put together the artist, funding and a representation of the mural for your approval. FUNDS AVAilABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners grant approval for the painting of the wall mural. [x] APPROVED [ ] OTHER: [ ] DENIED COMMISSION ACTION: ~ [X]County Attorney [X]Originating Dept. Public Works f# [ ]Finance (check for copy only, if applicable) Coordi nation/Signatures [ ]Mgt. & Budget [ZlCo. Eng p~ ~ { [ JPurchasing [ ]Road & Bridge '-" ....,¡ 1101 Edwards Road · Fort Pierce, Florida 34982 Phone (561) 468-5888 · + Fax (561) 468-5761 I STEVE VALENCIA Principal ~.: ~'~'.-.:'-'} 'C. ,,' '~~~". . ~~;,.....~ ,",' .' ~è'!"""~,~ ;:_~, ~.. r.~\ ~~~.~.: J;~:~!""' ~ort Pierce Centra{J-{igfiScfwo{ BARBARA KELLEY TRINA O'BRIEN RICHARD WILLIAMS Assistant Principals September 23, 1999 Mike Bowers Department of Roads and Bridges 2300 Virginia Avenue Fort Pierce, Florida 34982 Dear Mr. Bowers It has taken some time, but your idea of having Fort Pierce Central High School students paint a mural on the barrier wall on Edwards Road is finally to be realized. The Department of Learning Resources for St. Lucie County Schools is sponsoring Anita Prentice as Artist-in- Residence for our school, and she is working with our students on the project. The design was drawn by Brooke Lindsey, who was a senior at Central last year. She is working with Ms. Prentice to complete the project. The funds for the project were granted by Arts for a Complete EducationIFlorida Alliance for Arts Education (ACE/F AAE). The grant provides for a dedication ceremony which we plan to host here at Central. Plans are to begin the painting in November and have it completed by the end of the year. This would allow for the dedication to take place at the begiruùng of the new millenium. The design celebrates Fort Pierce as The Sunrise City. It is a succession of panels of stylized suns that rise on the East, peak at the center, and set in the West. (Fortunately, the wall runs East to West.) Along the bottom is grass; there are plants and sky with the suns. The sky will be vibrant colors. There will be a bronze plaque, cast by Shade Tree Studio, with credits to those involved. I expect that the representation of the mural will be ready to present to the St. Lucie County Commission in early October. Accredited by the Southern Association of Colleges and Secondary Schools The School Boord of St. Lucie County ;s on Equal Opportunity Agency '-" ...; We have received wide community support for the mural. Our grant proposal includes letters' of support ftom the following organizations and individuals: St. Lucie County Cultural Affairs Council~ MainStreet Fort Pierce~ Queen Townsend, Associate Superintendent for Curriculum and Instruction St. Lucie County Schools~ Jack Roberts, Director ofLeaming Resources St. Lucie County Schools~ St. Lucie Mural Society~ Greenwood Residences' Association~ St. Lucie Historical Society~ and Commissioner Cliff Barnes. I thank you so very much for inviting our students to participate in this wonderful project, and look forward to seeing you at the dedication ceremony. Sincerely, _1M'f Susan Haislip Page I of I A\EDSWESTJPG (local) Page I ur 1 A\EDSEAST2 JPG (1ucal) '-" AGENDA REQUEST ...." ITEM NO. .-2.A_ DATE: October 19, 1999 CONSENT REGULAR PUBLIC HEARING [ X ] Leg. [ ] Quasi-JD. [x] SUBJECT: Consider Draft Resolution 99-187 approving the (a/k/a Trans-Global Equities, Ltd.) for a Change in zoning from RM-5, CO, and CG to PUD and for Preliminary and Final Planned Development Site Plan Approval for the Planned Unit Development to be known as - pine Summit POD TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Communi tv Development Trans-Global Equities, Ltd., through their representative Charles A. White, is seeking approval for a change in zoning from RM-5 (Residential Multiple Family - 5 du/ac), CG (Commercial General) and CO (Commercial Office) to PUD (Planned Unit Development) for property on the east side of South US #1, generally bounded on the south by Prima Vista Boulevard and on the north by Rio Mar Drive. This project will be known as Pine Summit a planned Unit Development. The pine Summit project is proposed to consist of 174 single family dwelling units and 42 duplex units, for a total of 216 dwelling units. BACKGROUND: The pine Summit PUD is proposed to be an age restricted community. According to the submitted development documents, this project does not permit anyone under the age of 21 to reside permanently in this project. The homes within this development wiJ.I be of· conventional construction: The project will be platted and the individual lots sold through Fee Simple Õwnership The current application is for both Preliminary and Final Planned Unit Development approval. If this petition for planned Unit Development is approved, the zoning designation on the entire petitioned property would be changed from from RM-5 (Residential Multiple Family - 5 du/ac), CG (Commercial General) and CO (Commercial Office) to PUD (Planned Unit Development - pine Summit). This change in zoning would be consistent with the County's Comprehensive Plans Future Land Use Designation. At the June 17, 1999, public hearing on this matter, the Planning and Zoning Commission recommended approval of this petition by a vote of 6 to 0, with three members absent. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: At the September 7, 1999, meeting of the Board of County Commissioners, the Board agreed to the request of the petitioner to continue the Public Hearing on this matter until October 19, 1999 @ 7:00 PM or as soon thereafter as possible. RECOMMENDATION: Staff recommends approval of Draft Resolution 99-187. COMMISSION ACTION: [ ] APPROVED [ DENIED [ X] OTHER: Take no action. Developer required to readvertise and go bach through Planning and Zoning. RENCE: Coordination/Siqnatures County Attorney: Originating Dept: Finance (copies only) : Mgt & Budget: purchasing: Other: Other: (AGEND478) " '-' ...." COMMISSION REVIEW: october 19, 1999 MEMORANDUM COMMUNITY DEVELOPMENT DEPARTMENT TO: Board of County Commissioners FROM: Julia Shewchuk, Community Development Director DATE: October 7, 1999 SUBJECT: Consider Draft Resolution 99-187 approving the petition of Charles A. White (a/kla Trans-Global Equities, Ltd.) for a Change in Zoning from RM-5, CO, and CG to PUD and for Preliminary and Final Planned Development Site Plan Approval for the Planned Unit Development to be known as - Pine Summit PUD LOCATION: East side of south US #1, generally bounded on the south by Prima Vista Boulevard and on the north by Rio .Mar Drive. EXISTING ZONING: RM-5 (Residential, Multiple Family-5 du/ac), CG (Commercial General) and Co (Commercial Office) LAND USE DESIGNATION: RU (Residential Urban) - see Comments PARCEL SIZE: Total Site Area: 77.80 Acres PROPOSED USE: 216 Unit residential development; 174 single family dwelling units and 42 duplex units PROJECT DENSITY: 2.77 Units per acre SURROUNDING ZONING: RM -9 (Residential, Multiple Family - 9 du/ac) to the north; RM -5 (Residential, Multiple Family - 5 du/ac) to the east, CG (Commercial General) and CO (Commercial Office) to the west. SURROUNDING LAND USE: To the north is the Vista St. Lucie condominium; to the east is vacant property; to the west is existing commercial development along the US #1 frontage. '--" ....., October 13, 1999 Page 2 Subject: Pine Summit PUD FIRE/EMS PROTECTION: Station Number 5, Prima Vista Boulevard, is located approximately 3 miles away. UTILITY SERVICE: Water and Sewer services to be provided by City of Port St. Lucie. TRANSPORTATION IMPACTS: Right of Way Adequacy: See Standards of Review/Comments. Scheduled Area Improvements: See Standards of Review/Comments. TYPE of CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity ************************** This petition is for a combination of change in Zoning and Site Plan Approval. As such, it is required to satisfy both the standards of review found in Section 11.02.07 and Section 11.06.03 of the County's Land Development Code STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing the application of a proposed amendment to the text of this Code or an application for a proposed amendment to the Official Zoning Atlas, the Board of County Commissioners and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Code. The proposed change in zoning has been determined not to be in conflict with any applicable provision of the County's Land Development Code. As noted in the comments below, the proposed site development plan that accompanies this request for change in zoning to Planned Unit development has been determined to meet minimum standards of the Land Development Code, if subject to the special conditions cited below. B. Whether the proposed amendment is consistent with au elements of the St. Lucie County Comprehensive Plan. The proposed change in zoning for the Pine Summit PUD is consistent with the general ~ ...., October 13,1999 Page 3 Subject: Pine Summit PUD purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County. This polices include, but are not limited to: Policy 1. 1. 1. 1 of the St. Lucie County Comprehensive Plan establishes a maximum density for the RU (Residential Urban) Land Use category as 5 dwelling units per acre. This proposed project is to be developed at a density of 2.7 dwelling units per acre. Therefore, the proposed project is consistent with this policy. Policy 1. 1.5. 1 0 of the St. Lucie County Comprehensive Plan states "construction of new residential development at densities greater than two (2) units per acre shall only be permitted when central or on-site wastewater systems are available or will be provided concurrent with the impacts of development, consistent with the adopted levels of service found in the plan." The applicant has provided a letter of service availability from the City of Port St. Lucie Utilities System Department which indicates sufficient capacity is available to support the proposed project. The proposed project is consistent with this policy. Policy 1. 1.9.4 of the St. Lucie County Comprehensive Plan states "...the land development regulations shall provide that existing on-site native upland habitat be incorporated into required site plans as a part of open space areas, required landscaping or as a part of minimum yard ·areas so that as much of the identified habitat as is practicable is maintained." The land use break down for the Pine Summit PUD project is as follows: Land Use Acres % of Site road right-of-way 16.16 20.77% buildings, driveways, etc. 26.23 33.71% wetland areas 25.49 32.76% wetland buffers 5.23 6.72% common open space 2.69 3.46% recreation tract 2.00 2.57% totals 77.80 100.00% As shown in the above table approximately 50% of the project site has been reserved as Open Space or preservation. c. Whether and the extent to which the proposed amendment is inconsistent with existing and proposed land uses. The proposed change in zoning to Planned Unit Development is not inconsistent with the surrounding residential and commercial uses. The proposed development of this property as a single family detached residential community is consistent with the '-' ...." October 13, 1999 Page 4 Subject: Pine Summit PUD existing development and expected development in this area. D. Whether there have been changed conditions that require an amendment. Roadway capacities, south of Rio Mar Drive have increased with the recent widening of South US #1 to six (6) lanes. Water and sewer services have been brought to area as a result of other area developments. E. 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; This requested changes in zoning is not expected to create additional demands on the existing community services in this area that will not be addressed by the requirements of this development. Water and sewer services will be provided by Port St. Lucie Utilities. Roadway capacities are generally sufficient to meet the demands of this project, however as noted in the comments below, there are certain operational considerations that have to be addressed for this project to proceed. F. Whether -and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. The proposed change in zoning to Planned Unit Development for the residential project be known as Pine Summit is not anticipated to have any substantial negative effects on the existing environment on this site. As part of the site plan review process for this Planned Unit Development, the developer has submitted an environmental impact assessment report that addresses this projects impacts on both existing native habitat and wildlife on the project site. Prior to the initiation of any physical development activities on this property, the developer is required to obtain all necessary agency permits from the South Florida Water Management District, Army Corp. Of Engineers and Florida Department of Environment Protection. As noted in the special conditions below, the developer of this project are required to remove all existing exotic vegetation from this site as part of predevelopment construction activities. G. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern. The proposed change in zoning has been determined to represent an orderly and logical pattern of development for this area. The proposed site plan minimizes impacts on the sites internal wetlands and provides for the protection of a portion of the remaining native habitat on the site. A. Whether the proposed amendment would be in conflict with the public interest, '-" . ......, October 13, 1999 Page 5 Subject: Pine Summit PUD and is in harmony with the purpose and interest of this Code. The proposed change in zoning has been determined not to be in conflict with the public interest. *********************** STANDARDS FOR PLANNED UNIT DEVELOPMENT I SITE PLAN REVIEW In addition to the minimum standards of review and project development set out in Section 7.01.00, Section 11.02.07, of the St. Lucie County Land Development Code identifies the minimum Standards of Review for all proposed Site Plans. These standards must be met in order for any site plan approvals to be considered. Staff has reviewed the request for Planned Development approval, utilizing these requirements and notes the following: A. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN: The proposed building or use is consistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of Sf. Lucie County, and the proposed use complies with all additional standards imposed on it by the particular provisions of this Code authõrizing such use and any other requirement of the Code and Compiled Laws of Sf. Lucie County. The proposed Pine Summit PUD is consistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County. This polices include, but are not limited to: Policy 1. 1. 1. 1 of the St. Lucie County Comprehensive Plan establishes a maximum density for the RU (Residential Urban) Land Use category as 5 dwelling units per acre. This proposed project is to be developed at a density of 2.7 dwelling units per acre. Therefore, the proposed project is consistent with this policy. Policy 1. 1.5.1 0 of the St. Lucie County Comprehensive Plan states "...construction of new residential development at densities greater than two (2) units per acre shall only be permitted when central or on-site wastewater systems are available or will be provided concurrent with the impacts of development, consistent with the adopted levels of service found in the plan." The applicant has provided a letter of service availability from the City of Port St. Lucie Utilities System Department which indicates sufficient capacity is available to support the proposed project. The proposed project is consistent with this policy. Policy 1. 1.9.4 of the St. Lucie County Comprehensive Plan states "...the land development regulations shall provide that existing on-site native upland habitat be incorporated into required site plans as a part of open space areas, required landscaping or as a part of minimum yard areas so that as much of the identified habitat as is practicable is maintained." The land use break down for the Pine Summit - PUD project is as follows: '-" ."w1JI October 13,1999 Page 6 Subject: Pine Summit PUD Land Use Acres % of Site road right-of-way buildings, driveways, etc. wetland areas wetland buffers common open space recreation tract 16.16 26.23 25.49 5.23 2.69 2.00 20.77% 33.71% 32.76% 6.72% 3.46% 2.57% totals 77.80 100.00% As shown in the above table approximately 50% of the project site has been reserved as Open Space preservation. B. EFFECT ON NEARBY PROPERTIES 1. The proposed building or use will not have an undue adverse effect upon nearby property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. The proposed Pine Summit PUD has been determined not to have an undue or adverse effect upon nearby properties, if subject to the conditions outlined in the comments below: 2. All reasonable steps have been taken to minimize any adverse effect of the proposed building or use on the immediate vicinity through building design, site design, landscaping, and screening. The developer has designed this project in a manner that reflects he preservation of approximately 50% of the existing habitat found on the site. This site has been deemed to meet applicable County protection standards for site plan review, if subject to the conditions described in the comments below. 3. The proposed building or use will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. The design of the proposed project has been determined not to interfere with the development or use of neighboring properties. The property to the north is the already developed Vista St. Lucie Condominium. To the east are vacanU undeveloped parcels. To the west is an area of mixed commercial uses. This residential development density of this project is 2.7 du/ac. By comparison, the Vista St. Lucie Condominium has been developed at a density of nine (9) '-' "'" Subject: Pine Summit PUD October 13,1999 Page 7 units to the acre. c. ADEQUACY OF PUBLIC FACILITIES: The proposed building or use complies with the standards of Chapter V, Adequate Public Facilities. The developers of the Pine Summit PUD have submitted a traffic impact report assessing the impacts of this project. Except as noted in the comments below, this development is not expected to cause any of the existing transportation links in this area to fall below an acceptable minimum Level of Service. The applicant has submitted a letter of intent from the City of Port St. Lucie Utilities System Department, which indicates that sufficient capacity for both water and sewer is available to support the proposed 216-unit residential complex. D. ADEQUACY OF FIRE PROTECTION: The applicant has. obtained from the Sf.- Lucie County - Fort Pierce Bureau of Fire Prèvention written confirmation, or has othelWise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. The applicant has obtained from the St. Lucie County - Fort Pierce Bureau of Fire Prevention written confirmation that the proposed site plan conceptually meets the minimum access and water supply requirements for fire protection services at this facility. E. ADEQUACY OF SCHOOL FACILITIES: The proposed building or use will be served by adequate school facilities. The Pine Summit PUD will be served by adequate school facilities. The Pine Summit PUD is proposed to be an age restricted community. According to the submitted development documents, this project does not permit anyone under the age of 21 to reside permanently in this project. F. ENVIRONMENTAL IMPACT. For developments required to provide an environmental impact report under Section 11.02.09(A)(5), the proposed development will not contravene any applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter VI/1, "Natural Environment Subject: Pine Summit PUD October 13, 1999 Page 8 Analysis", of the St. Lucie County Barrierl$landStudyAnglysis of Growth Management Policy Plan, Kimley-Hom and Associates, Inc. (August, 1982). As required under Section 1 1.02. 1 O(A)(3)(r)of the $t. Lucie County Development Code, the developers of this an environmental impact assessment. This of any threatened or endangered animals or plants. In has reviewed the biotic conditions of the property through a habitat communities. Using the Florida Land Use Cover and Forms Classification System, this site has been determined to have the following habitat communities: Brazilian Pepper Australian Pine Meileleuca Wetland Forested 0.89 5.48 10.00 11.21 This petition for Planned to the dåte of the County for review prior County's Planned Unit . This project has regarding open been space computations. Under the County's previous PUD projects overall area WaS to included uses such as parks, landscaping and planting areas in stormwater retention facilities. a minimum of 35% of the Open Space at that time swimming beaches, common natural preserve, flood plains and The current petition for change in zonlngtptalsi.appröXimately 78 acres. The following table provides a generalized land use break down for this project: subject: Pine Summit PUO October 13,1999 Page 9 Land Use Acres % of Site 20.77% 33.71 % 32.76% 6.72% 3.46% 2.57% road right-of-way buildings, driveways, etc. wetland areas wetland buffers common open space recreation tract 16.16 26.23 25.49 totals 77.80 100.00% reviewed the site for the on these surveys, one of Lots 7 an 8 of that the part of the The submitted environmental presence of any threatened or abandoned gopher tortoise burrow the proposed Block "F". Based developers is proposing to development of this project. In addition to the gopher tortoiseburrowcited¡aPove,iíhasobserved that a sandhill crane nesthas been observed in approximately the middle of the wetlands identified as "Wetland 8": Consistent with the recommendati()n$ ofthe.$Ubmltíed environmental impact assessment, staff recommends that any final approval order for this project include the following special condition: . Prior to the issuance including land clearing, Wildlife SeNice and the appropriate permits for tortoise burrow and for habitat. No can be issued copies appropriate agency from any Sf. Lucie County. ccmstruction authorizations, from the US Fish and Fish Commission the abandoned gopher nesting and land clearing permits or release by the have been submitted to COMMENTS: The petitioner, Trans-Global Equities, Ltd., through their representative Charles Ä. White, is seeking approval for a change inzoningfromRM..5<ResidEmtiaIMultiple Family - 5 du/ac), CG (Commercial General) and CO (Commercial Offjee)toPUD (PJanned Unit Development) for property on the east side of South US #1,g~nerªUybounded on the south by Prima Vista Boulevard and on the north by Rio Mar Drive. This project will be known as Pine Summit a Planned Unit Development. The Pine Summit project is proposed to consist of 174 single subject: Pine Summit PUD October 13, 1999 Page 10 family dwelling units and 42 duplex units, for a tot~dof 216dweIHng units. The duplex units will be located in the northern 1/4 of this project with the single familY units located on the remainder of the project site, just east of the large wetland area along the projects western property line. The Pine Summit PUD is proposed to be an age restricted ·community. According to the submitted development documents, this projecfdoes notpermit anyone under the age of 21 to reside permanently in this project. The homes. within this development will be of conventional construction. The project will be þlattedandíheindividuallots sold through Fee Simple Ownership The Pine Summit PUD property currently has three separate zoning designations on it, two of which are in conflict with the property's current ResidentialL.and Use designation. This conflict between zoning and land use has existed.. since 1993 when the Board of County Commissioners approved a petition for change In L.and use fora portion of what is now the Pine Summit property from COM (CommerciantoRU(~esidentialtJrban). Atthat same time, the property owners sought, and obtained, a prellrnJnaryPlannedunit Q.evelopment approval for a portion of the Pine Summit property. ThePreUrninar)'.Planned Unit Development approval, granted under Resolution 93-051, waS for a 167 unit residential development. That projects preliminary approvals expired in 1996. Becç¡tiseFinal Planned Unit Development approvals were not obtained, the zoning on this property was never changed from its 1993 designations. The current application is for both Preliminary and Final Planned Unit Development approval. If this petition for Planned Unit Development is approved, the zoning designation on the entire petitioned property would be changed from from RM-5 (Residential Multiple Family - 5 du/ac), CG (Commercial General) and CO (Commercial Office) to PUD (Planned Unit Development- Pine Summit). This change in zoning would be consistent with the County's Comprehensive Plans Future Land Use Designation. As required under Section 11 developers of this have assessment has or plants. In addition this through a review of the various Development Code, the This animals the property Using the Florida Land Use Cover and FormsClassifi¢a,tiQnSystem (FLUCFCS), this site has been determined to have the following habitat communities: Subject: Pine Summit PUD October 13, 1999 Page 11 0.89 5.48 10.00 11.21 Australian Pine Melleleuca Wetland Forested Mixed Freshwater Marsh Consistent with Policy 8.1.8. 1. of the County's Comprehensive Plan, a recommended condition of approval for this project is: unit or structure in this an exotic removal Pine and Mellaluca report for Charles A. White, Trans- shall be done in installation of the on site of Brazilian Pepper, on this site, those exotic 1. Prior to the issuance ofthe first project, including models. the program for all areas ofthe trees have been prepared by R. L. global Equities, conjunction with infrastructure improvements. Australian Pine Mellaluca shall be removed as part of the This petition for Planned Unit Development was submitted to the County for review prior to the effective date of the recently enacted amendments to the County's Planned Unit Development Regulations effecting the issue of "common open space" This project has been reviewed, and certified under the previous code requirements regarding open space computations. Under the County's overall area was to be as parks, recreation areas, areas in addition to areas of natural of 35% of the projects time included uses such landscaping and planting stormwater retention facilities. The current petition for change in zoning totals approximately 78 acres. The following table provides a generalized land use break down for this project. Land Use Acres % of Site road right-of..way buildings, driveways, etc. wetland areas wetland buffers common open space recreation tract 16.16 26.23 25.49 5.23 2.69 2.00 20.77% 33.71 % 32.76% 6.72% 3.46% 2.57% '-" ~ October 13, 1999 Page 12 Subject: Pine Summit PUD totals 77.80 100.00% As noted, the developers of this project are not required to provide for the minimum open space standards for Planned Unit Development now in effect. However, as the above table shows the project does meet the current standard of 35% "common open space' through the preservation of the sites wetland areas alone. Current regulations require that 15% of the sites remaining upland habitat also be preserved. While this site is not required to meet this current standard, the upland habitat preserves that have been provided throughout the project, though combination of open space buffers associated with the wetlands and thought and expanded preservation area around the area identified as "Wetland C" totaling 7.53 acres, appear to meet this minimum 15% requirement. As noted the submitted environmental assessment report has also reviewed the site for the presence of any threatened or endangered animals. Based on these surveys, one abandoned gopher tortoise burrow has been observed in the vicinity of Lots 7 an 8 of the proposed Block "F". Based on the submitted site plans it appears that the developers is proposing to eliminate the abandoned gopher tortoise nest as part of the development of this project. In addition to the gopher tortoise burrow cited above, it has observed that a sandhill crane nest has been observed in approximately the middle of the wetlands identified as. "Wetland B". Consistent with the recommendations of the submitted environmental impact assessment, staff recommends that any final approval orderforthis project include the following special condition: 2. Priorto the issuance of any building permits or site construction authorizations, including land clearing, the developer shall have obtained from the US Fish and Wildlife Service and the Florida Game and Freshwater Fish Commission the appropriate permits for the relocationlelimination of the abandoned gopher tortoise burrow and for the protection of the observed sandhill crane nesting habitat No building permits, including site alteration and land clearing permits can be issued until copies of the appropriate agency permits or release by the appropriate agency from any requirement for a permit have been submitted to St Lucie County. As required under Section 11.02.10(A)(3)(q) of the County's Land Development Code, the developers of this project have submitted a Traffic Impact Report assessing this projects impacts on the surrounding roadway network. As the site plan indicates, access to this project is via South US #1. A future access point onto Lennard Road is shown but cannot be used until Lennard Road is actually constructed. Overall, roadway capacities in this area appear to be within acceptable Level of Service (LOS) limits, except for that portion of South US #1 north of Rio Mar Drive. The recent widening of US #1 south of Rio Mar Drive to six (6) lanes has resulted in an increased carrying capacity for this roadway. US #1 north of Rio Mar Drive is not yet programmed for construction, however the Florida Department of Transportation is in the process of right-of-way acquisition. Construction is not expected to begin for at least six years. '-' """ October 13, 1999 Page 13 Subject: Pine Summit PUD Recent traffic count data indicates that approximately 39,000 VPD (vehicles per day) may be expected along the portion of South US #1 adjacent to this projects driveway connection. This volume is approximately 3,000 vehicle per day in excess of the maximum LOS 0 capacity of this roadway. Under the County's Concurrency Management Policy, the Board may approve additional trip impacts onto this segment of the County's road network, provide however, that the impacts from this property do not exceed 1 % of the LOS 0 threshold rate. In this case this, the one percent allowance equates to approximately 360 trips. Based on the information presented in this traffic impact report, this project will be generating approximately 2,000 vehicle trips per day. All of those trips, under the current site plan, will be accessing South US #1. Of the 2,000 total trips generated by this development, 80% are expected to be trips with a southerly destination or point of origin. Acknowledging that a portion of the southerly directed trips using this entrance will terminate their trip end in this development, we believe that it is reasonable to assume that approximately 1 ,000 trips per day will be making Uturns at the intersection of Lake Vista Trail and South US #1 in order to access their southerly destination. It should be noted that Lake Vista Trail is not a public roadway. Lake Vista Trail is considered to be private driveway that services the Vista St. Lucie development site. This "road" was not built to standard roadway specifications. The intersection of Lake Vista Trail and South US #1 is currently unsignalized. This intersection has been reviewed several times in the past few years for signalization purposes . and signalization warrants have been not been met. The addition of approximatèly 1,000 vehicles per day making a "U-Turn" at this intersection will not by itself warrant signalization. At the present time, County staff is not aware of any conditions that would meet minimum traffic warrants for this signalization of this intersection. The issue of the function of this intersection was discussed at the Planning and Zoning Commission meeting on this petition on June 17,1999. Following that meeting, the petitioners traffic engineers were asked to review the operation of this intersection and determine if their planned traffic movements could be accommodated. In response, the developers representatives have submitted a revised plan that would call for the extension of the existing portion of Lennard Road from Savannah Ridge Elementary School, south to the planned project entrance onto Lennard Road. This extension would be done in phases concurrent with project development. This extension would effectively provide for an alternative way in and out of this site that would direct traffic north to Kitterman Road, allowing turning movements at the signalized intersection of Kitterman Road and South US #1. County Staff has reviewed the submitted proposal and agrees that this alternative circulation pattern is the most efficient, safe and effective way of dealing with this developments impacts. We do not believe that traffic safety Can be met at the intersection of Lake Vista Trail and South US #1 with the introduction of approximately 1,000 new trips per day making U-turns at this intersection. However, since the developer's representatives have submitted the proposal for the extension '-" ....., October 13, 1999 Page 14 Subject: Pine Summit PUD of Lennard road, County staff has been contacted by the developer (September 1, 1999) that they would prefer not to have this requirement placed on them because the right-of-way for this section of Lennard Road, south of Savanna Ridge Elementary, has not yet been acquired. The right-ofway for this section of Lennard Road is not on their property. it is their position the they are not the ones who can acquire this right-of-way. To impose such a restriction on them would, in their opinion, be an unnecessary burden and hardship. Accordingly, staff has no alternative but to recommend that the Board consider the following condition in any final approval actions/orders for this project: 3. No more that 38, single family units (363 trips per day/9.57 trips per day) be permitted for construction until one of the following conditions has been met: a. The constructionlexpansion of South US #1 between Rio Mar Drive and Midway Road from four (4) lanes to six (6) lanes moves into the third year of the Adopted FOOT Work Program; or, b. Lennard Road is, extended from its current terminus at Savannah Ridge Elementary School to the east project entrance. Alternatively, should Lennard Road be constructed fron7 Prima Vista Boulevard northward towards this east project entrance, the requirements of this condition can be determined to be saüsfied.o~ - c. The intersection of Lake Vista Trail and South US #1 is signalized. At the developers discretion, substitution of a duplex unit for a single family dwelling may be done, provided however that the total trip generation rate of this project does not exceed 363 trips per day until one of the above items is addressed. The trip generation rate for a duplex is 5.85 trips per day, per residential unit. (One duplex = 5.85 x 2 = 11. 7 trips per day) It should be noted that the original traffic report submitted for this project, dated December, 1992, revised through April 1999, assumed that this proiect would have to access Lennard Road for capacity purposes. In May, the developers representatives submitted a revised traffic statement indicating that with the recent completion of the widening South US #1 south of Rio Mar Drive, it appears that from a capacity stand point that this project can be accommodated on the areas road network with little negative impacts. However, from a traffic operations standpoint, County staff is still concerned as to how well the adjacent road system can accommodate these added trips, particularly when so many of them are required to make the U-Turn movement at the unsignalized intersection of Lake Vista Trail and South US #1. It is for this reason, consistent with the requirements of Section 7.01.03(E) of the County's Land Development Code, that the above cited condition is recommended for inclusion in any Final Development Order for this project. Finally, at the planning and zoning commission meeting of June 17, 1999, there was a discussion about the perimeter buffering between this residential development and the Vista '--' 'wi! October 13,1999 Page 15 Subject: Pine Summit PUD St. Lucie residential development. Noting the recommendation of the Planning and Zoning Commission, staff recommends that the following condition be included in any final approval order for this project. 4. As part of the construction of the primary infrastructure for this project (roads, drainage and utility system) the developer shall construct a six (6) foot high opaque fence or wall along the northerly property line between this site and the Vista St. Lucie development site. This opaque fence or wall shall be located so as to provide for an effective visual screen between the two developments. 5. A minimum 15 foot wide buffer strip of native vegetation, including understory, shall be provided along the northerly property line between this development site and the adjoining Vista St. Lucie development site. Clearing of this buffer area may only be conducted by the individual lot ownerlpurchaser following the completion of the construction of any residential unit. In addition to the above specific conditions, staff recommends the following additional general project conditions be included in any final development order for this project. 6. Sidewalks, consistent with the requirements of Section 7.01.03(e)(1) and Section 7.05.02(a)(2) of the Land Development Code, shall be provided throughout this- development. In the event that there are segments of internal roadway that do not have - residentiallotsadjoiningtijem, sidewalksshallbeconstructedtocompletethe connection of the residential blocks. Sidewalk construction shall be required as part of the initial site development work. 7. The indicated connection of Bristle Cone Drive to Lennard Road shall be constructed and opened to the use of the residents of this development upon the completion of the adjoining portion of Lennard Road. 8. Security gates may not be! installed on any of the access drives in the development unless it is demonstrated through the PUD Minor Adjustment process that the requirements of Section 7.10.15 of the St. Lucie County Land Development Code have been complied with. 9. The parcel identified as Future Commercial Out Parcel, is specifically not included as part of the Planned Unit Development approval 10. Any and all required off-site wetland mitigation shall be provided for in St Lucie County. 11 . All recreation facility development shall be done in accordance with the requirements of Section 7.01.03(K)(2)(a) of the St Lucie County Land Development Code. 12. Prior to the issuance of any building permits for any residential structure in this development, the developer shall convey to St Lucie County, free and clear of any liens or incumbence, the portion of the project site labeled as open space that is located in ~ "wi' October 13, 1999 Page 16 Subject: Pine Summit PUD the planned right-of- way for, Prima Vista Boulevard. At the June 17, 1999, public hearing on this matter, the Planning and Zoning Commission recommended approval of this petition by a vote of 6 to 0, with three members absent. Attached is a copy of Draft Resolution 99-187, which if approved would grant the petition of Charles A. White (a/kla Trans-Global Equities, Ltd.) for a change in zoning from RM-5, CO, and CG to PUD and for Preliminary and Final Planned Development Site Plan approval for the Planned Unit Development to be known as - Pine Summit PUD Staff recommends approval of Draft Resolution 99-187. If you have any questions, please let us know. Submitted \ JS/DJM PINESMT5{71 a) cc: County Administrator Asst. County Administrator County Attorney Public Works Director County Engineer Fire Marshal Charles White James P . Terpening 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 '-" ..., RESOLUTION NO. 99-187 A RESOLUTION GRANTING A CHANGE IN ZONING FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA AND FOR PRELIMINARY AND FINAL DEVELOPMENT PLAN APPROVAL FOR A PROJECT KNOWN AS PINE SUMMIT WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Charles A. White (a/k/a Trans-Global Equities, Ltd.) , presented a petition, for a change in zoning from RM-5 (Residential, Multiple Family-5 du/ac), CG (Commercial General) and CO (Commercial office) to PUD (Planned Unit Development) for certain property in St. Lucie County, Florida, the purpose of which is to receive Final Planned Unit Development approval for a 216 unit residential development to be known.as PINE SUMMIT. 2. On June 17, 1999, the St. Lucie County Planning and Zoning Commission held a public hearing, of which due public notice was published in the Ft. Pierce News Tribune and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and recommended to this Board that the requested change in zoning from RM-5 (Residential, Multiple Family-5 du/ac) , CG (Commercial General) and CO (Commercial Office) to PUD (Planned Unit Development) he granted. 3. On September 7, 1999, this Board held a public hearing on the petition of Charles A. white (a/k/a Trans-Global Equities, Ltd.), after publishing a notice of such hearing in The Tribune and the Port St. Lucie News and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed zoning change is consistent with the St Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Underline is for addition 3trikG ~hrough is for deletion Res. No.: 99-187a Draft #1 Print Date: 10/07/99 Page 1 '-" ....., 1 Land Development Code. 2 3 SITE PLAN 4 5 5. On June 17, 1999, the St. Lucie County Planning and 6 Zoning Commission held a public hearing, of which due 7 public notice was published in the Ft. Pierce News 8 Tribune and mailed to all property owners within 500 9 feet at least 10 days prior to the hearing, and 10 recommended to this Board that the requested Preliminary 11 approval for Pine Summit a Planned Unit Development, be 12 granted. 13 14 6. On September 7, 1999, this Board held a public hearing on 15 the petition of Charles A. White (a/k/a Trans-Global 16 Equities, Ltd.), for Preliminary and Final Planned Unit 1 7 Development approval for Pine summi t a Planned Uni t 18 Development, after publishing a notice of such hearing in 19 the Tribune and Port St. Lucie News and notifying by mail 20 all owners of property within 500 feet of the subject 21 property. -22 2"3 7. The petitioner, Charles A. White (a/k/a Trans-Global 24 Equities, Ltd.), is proposing to construct a 216 unit 25 residential development to be known as Pine Summit. 26 27 8. The Development Review Committee has reviewed the Final 28 Planned Unit Development site plan for the proposed 29 project and found it to meet all technical requirements 30 and to be consistent with the future land use maps of the 31 St. Lucie County Comprehensive Plan, subject to the 32 conditions set forth in Part of this Resolution. 33 34 9. The Development Review Committee has reviewed the 35 Preliminary and Final Planned Unit Development site plan 36 for the proposed project and found it to be consistent 37 wi th the requirements of the St. Lucie County Land 38 Development Code, subject to the conditions set forth in 39 Part of this Resolution. 40 41 10. The proposed project is consistent with the general 42 purpose, goals, objectives, and standards of the St. Underline is for addition St~ik~ ~h~Otl9h is for deletion Res. No.: 99-187a Draft #1 Print Date: 10/07/99 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 '-" ....., Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 11. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 12. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 13. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 14. The proposed project will be served by adequate public . facilities and services, if subject to the conditions cited in Part -below. 15. The applicant has demonstrated that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. 16. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on October 19, 1999. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the St. Lucie County, Florida: CHANGE IN ZONING A. The property on which the change in zoning from RM-5 (Residential, Multiple Family-5 du/ac), CG (Commercial General) and CO (Commercial Office) to PUD (Planned Unit Development) is being granted is described as follows: Underline is for addition 3trike ThIOUgh is for deletion Res. No.: 99-187a Draft #1 Print Date: 10/07/99 Page 3 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 '- ~ insert legal B. A copy of this Resolution shall be attached to the site plan drawings described in Part C, which plan shall be placed on file with the St. Lucie County Community Development Director. SITE PLAN C. Pursuant to section 11.02.05(B) of the St. Lucie County Land Development Code, the Preliminary and Final for the project known as Pine Summit be, and the same is hereby, approved as shown on the site plan drawings for the project prepared by Culpepper & Terpening, Inc, dated . and date stamped received by the St. Lucie County Community Development Director on 1999, subject to the following special conditions: 1. Prior to the issuance of the first building permit for any residential unit or structure in this project, including models. the developer shall have completed an exotic removal program for all areas of the site where Brazilian Pepper, Australian pine and Mellaluca trees have been observed as shown in the preliminary environmental assessment report prepared by R. L. Weight Environmental Consultants, Inc. for Charles A. White, Trans-global Equities, Inc.datedMayI999. This exotic removal program .shall be done in conjunction with any land clearing activities associated with the installation of the onsi te infrastructure improvements. In the event that additional areas 0 Mellaluca or other exotic trees are observed on this si te, those exotic shall be removed as part of the site development process. 2. Prior to the issuance of any building permits or site construction authorizations, including land clearing, the developer shall have obtained from the US Fish and Wildlife Service and the Florida Game and Freshwater Fish Commission the appropriate permits for the relocation/elimination of the abandoned gopher tortoise Underline is for addition 3tyikG Thyotlgh is for deletion Res. No.: 99-187a Draft #1 Print Date: 10/07/99 Page 4 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 '- ...,; burrow and for the protection of the observed sandhill crane nesting habi tat No building permi ts, including site alteration and land clearing permits can be issued until copies of the appropriate agency permits or release by the appropriate agency from any requirement for a permit have been submitted to St Lucie County. 3. No more that 38, single family units (363 trips per day/9.57 trips per day) be permitted for construction until one of the following conditions has been met: a. The construction/expansion of South US #1 between Rio Mar Drive and Midway Road from four (4) lanes to six (6) lanes moves into the third year of the Adopted FDOT Work Program; or, b. Lennard Road is, extended from its current terminus at Savannah Ridge Elementary School to the east project entrance. Alternatively, should Lennard Road be constructed fron7 Prima Vista Boulevard northward towards this east project entrance, the requirements of this condition can be determined to be satisfied. or, c. The intersection of Lake Vista Trail and South US #1 is signalized. At the developers discretion, substitution of a duplex unit for a single family dwelling may be done, provided however that the total trip generation rate of this project does not exceed 363 trips per day until one of the above items is addressed. The trip generation rate for a duplex is 5.85 trips per day, per residential unit. (One duplex = 5.85 x 2 = 11. 7 trips per day) 4. As part of the construction of the primary infrastructure for this project (roads, drainage and utility system) the developer shall construct a six (6) foot high opaque fence or wall along the northerly property line between this site and the vista St. Lucie development site. This opaque fence or wall shall be located so as to provide for an effective visual screen between the two developments. 5. A minimum 15 foot wide buffer strip of native Underline is for addition 3t:rikc. 'I'h:rotlgh is for deletion Res. No.: 99-187a Draft #1 Print Date: 10/07/99 Page 5 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 6. 7. 8. "--' ~ vegetation, including understory, shall be provided along the northerly property line between this development site and the adjoining Vista St. Lucie development si te. Clearing of this buffer area may only be conducted by the individual lot owner/purchaser following the completion of the construction of any residential unit. Sidewalks, consistent with the requirements of Section 7.01.03(e) (1) and Section 7.05.02(a) (2) of the Land Development Code, shall be provided throughout this development. In the event that there are segments of internal roadway that do not have residential lots adjoining them, sidewalks shall be constructed to complete the connection of the residential blocks. Sidewalk construction shall be required as part of the initial site development work. The indicated connection of Bristle Cone Drive to Lennard Road shall be constructed and opened to the use of the residents of this development upon the completion of the adjoining portion of Lennard Road. Security gates may not be! installed on any of the' access drives in the development unless it is demonstrated through the PUD Minor Adjustment process that the requirements of Se.ction 7.10.15 of the St. Lucie County Land Development Code have been complied with. 9. The parcel identified as Future Commercial Out Parcel, is specifically not included as part of the Planned Unit Development approval 10. Any and all required off-site wetland mitigation shall be provided for in St Lucie County. 11. All recreation facili ty development shall be done in accordance with the requirements of Section 7.01.03 (K) (2) (a) of the St Lucie County Land Development Code. 12. Prior to the issuance of any building permits for any residential structure in this development, the developer shall convey to St Lucie County, free and clear of any Underline is for addition Strike Through. is for deletion Res. No.: 99-187a Draft #1 Print Date: 10/07/99 Page 6 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 D. E. F. ......,. ..." liens or incumbence, the portion of the project site labeled as open space that is located in the planned right-of- way for, Prima vista Boulevard. The property on which this site plan approval is being granted is described as follows: DESCRIPTION: insert legal A copy of this Resolution shall be attached to the site plan drawings described in Part C, which plan shall be placed on file with the St. Lucie County Community Development Director. The approvals and authorizations granted by this Resolution for the purpose obtaining building permits on this property, shall expire on October 19, 2001, unless the developer has obtained a Final Plat approval for the site plan/subdivision described in Part C or an extension has been granted in accordance with Section 11.02.06(B) (3), St. Lucie County Land Development Code. Unless otherwise addressed through the projects final construction plans, all primary infrastructure work for this subdivision plat shall be completed no later than October 19, 2002. G. The Final Planned Unit Development Site Plan/General Site Plan approval granted under this resolution is specifically conditioned to the requirement that the petitioner, Charles A. White (a/k/a Trans-Global Equities, Ltd.), including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to; the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part D. Underline is for addition 3trik~ ~hrotl9h is for deletion Res. No.: 99-187a Draft #1 Print Date: 10/07/99 Page 7 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 '-' ...., H. The conditions set forth in Part C are an integral nonseverable part of the site plan approval granted by this resolution. If any condition set forth in section C is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. I. A copy of this resolution shall be attached to the site plan drawings described in Part C, which plan shall be placed on file with the St. Lucie County Community Development Director. After motion and second, the vote on this resolution was follows: as Chairman 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 XXth day of XXXXXXX, 1999. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY CHAIRMAN Underline is for addition 3trikc. 'l'hrough is for deletion Res. No.: 99-187a Draft #1 Print Date: 10/07/99 Page 8 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 ATTEST: \..of .." APPROVED AS TO FORM AND CORRECTNESS: DEPUTY CLERK COUNTY ATTORNEY 99-187a(a72) DJM Res. No.: 99-187a Draft #1 Underline is for addition St:dkc. 'I'hJ::otigh is for deletion Print Date: 10/07/99 Page 9 C~ c,., DECLARATION OF COVENANTS AND RESTRICTIONS FOR PINE SUMMIT SUBDIVISION This Declaration of Covenants and Restrictions made this day of . 1998, by Trans-Global Equities, L.C., a Florida limited liability company, 7118 Beech Ridge Trail, Tallahassee, Florida, 32312, hereinafter referred to as "Declarant." ARTICLE I. PURPOSE Declarant, in order to provide for the preservation of the values, amenities, attractiveness and desirability of the real property to be known as "Pine Summit", as more fully described in Article II hereof, and in order to provide for the administration and maintenance of certain portions of said real property and for the enforcement of these covenants and restrictions, hereby declares that the real property described in Article II hereof shall be held, used, transferred, sold and conveyed subject to the covenants and restrictions set forth herein. ARTICLE II. DEFINITIONS A. "Association" means Pine Summit Homeowners Association, Inc., a Florida nonprofit corporation. B. "Board" means the Board of Directors of Pine Summit Homeowners Association, Inc. C. "Lot" means the respective parcel ofland in the Properties, other than the Common Area, as said parcels are more particularly described in Exhibit "8." D. "Bylaws" means the Bylaws of the Association. E. "Committee" means the Architectural Control Committee. F. "Common Area" means any land, easements or facilities which the Association owns and/or maintains, including specifically, but not limited to, the private Homeowners Recreational Facility more particularly described in Exhibit "C", the wetland areas and the upland/preserve areas as described in Exhibit "D", the common areas described in Exhibit "E", and the private roadway system described in Exhibit "F." G. "Declarant" means Trans-Global Equities, L.c., a Florida limited liability company, its successors and assigns. H. "Declaration" means this Declaration of Covenants and Restrictions as the same may be supplemented and amended from time to time. (~ c....., 1. "Improvement" means all buildings, outbuildings, sheds, driveways, parking areas, fences, swimming pools, lights and utility poles and any other structure of any type or kind. Improvements to be placed on any lot require the approval of the Committee. 1. "Living Area" means those heated and/or air-conditioned areas which are completely finished as a living area, and shall not include garages, carports, porches, patios, or storage areas. K. "Member" means any member of the Pine Summit Homeowners Associatio~ Inc. L. "Owner" means any person who owns fee simple title to any lot within the development, and shall not mean a mortgagee unless and until such mortgagee has acquired title through foreclosure or any proceedings in lieu of foreclosure. M. "Properties" shall mean and refer to the real property described in Article III hereof N. "Preservation and Conservation Easement" are those properties contained within the development that are subject to a preservation and/or conservation easement. These would include the wetland areas, upland buffers and mitigation areas as shown in Exhibit "G". ARTICLE III. PROPERTY SUBJECT TO DECLARATION The real property which is subject to this declaration is that certain real property located in St. Lucie County, Florida, and more particularly described in Exhibit "A" attached hereto. ARTICLE IV. PINE SUMMIT HOMEOWNERS ASSOCIATION. INC. 'Section 1. GeneraL Declarant has deemed it desirable for the efficient preservation of the values and amenities in Pine Summit to create an agency to which should be delegated and assigned the powers of maintaining and administering the community properties and administering and enforcing the covenants and restrictions, and collecting and disbursing the assessments and charges hereinafter established, and for the purpose of promoting the common interest of the property owners in Pine Summit. Pursuant thereto, Declarant has caused to be incorporated under' the laws of the State of Florida, as a nonprofit corporation, PINE SUMMIT HOMEOWNERS ASSOCIATION, INC. for the purpose of exercising the aforesaid powers. The Association shall have such powers in the furtherance of its purposes as are set forth in its Articles oflncorporation and Bylaws, and may include, but not be limited to, maintenance of the roads, common areas, easements, a security system, and pest control program, together with management of the homeowners facility. The Association may engage in any other activity or assume any (~ ("'*tIll responsibilities that may be considered as promoting the common interest of Pine Summit residents. . _ The Association shall operate and maintain at its cost, in neat and good order ,...and for the use and benefit of the owners of property in Pine Summit, all land owned by the Association. The Association shall be responsible for the perpetual maintenance of the Homeowners Association Recreational Facility, roads and common areas unless or until the appropriate governmental body of St. Lucie County accepts this responsibility trom the Association. The Association shall further have the obligation and responsibility for the hiring of appropriate personnel and for the maintenance, management, repair, upkeep and replacement of the common areas. Section 2. Membership in the Association. Each record owner of a fee simple or undivided interest in any lot which is subject to this Declaration shall be a member of the· Association and shall abide by the Association's Articles, Bylaws, rules and regulations and this Declaration, and shall be liable for the payment of all assessments levied~ provided that a person or entity who holds such an interest merely as a security for the performance of an obligation shall not be a member. Section 3. membership: Voting Rights. The Association shall have two classes of voting Class A. Class A members shall be all those owners as defined in Section 2, with the - exception of Declarant. Class A members shall be entitled to one vote for each lot owned. When more than one person holds such interest in any lot, all such persons shall collectively be entitled to one vote per lot, which vote shall be exercised by the consent of a majority of the owners of record of such lot. For the purpose of exercising voting rights, the owner of a lot which has a residential dwelling on it may designate the occupant to vote~ provided said designation shall be made in writing and shall remain in effect until canceled in writing and delivered to the Association. Class B. Class B membership shall be the Declarant. The Class B member shall be entitled to cast three votes for each lot in which he holds the interest required for membership by Section 2~ provided that the Class B membership shall cease and become converted to Class A membership when seventy-five percent (75%) of the lots are owned by persons or entities other than the Declarant, or when Declarant elects in writing to terminate Class B membership, whichever occurs first. No membership shall be entitled to vote unless such member has fully paid all assessments as provided herein and as shown by the books of the Association. ARTICLE V. ASSESSMENTS Section 1. Creation of Lien and Owner's Obligation. Each owner of a lot by the acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, covenants and agrees to pay to the Association annual assessments and special C·\'-' (""" assessments to be fixed. established and collected trom time to time as herein provided. The annual and special assessments. together with such interest thereon and cost of collection thereof as herein provided, shall be a charge on the land and shall be a continuing lien upon the property aga.inst which each assessment is made. Each such assessment, together with such interest and cost of collection thereof as herein provided, shall also be the personal obligation of the person who is the record owner of such property at the time when the assessment comes due. Section 2. Annual Budget. As provided in the Bylaws of the Association, the Board shall prepare an estimated annual budget which shall reflect the estimated Association expenses. Thereupon the Board shall allocate an equal share of the Association expenses to each lot in the form of an assessment. Section 3. Number of Lots. For the purposes of determining an equal share of Association expenses, and therefore. the assessment. the number of Lots in Pine Summit shall include only such Lots as have been conveyed to purchasers. The total number of Lots in Pine Summit conveyed to purchasers shall be used as the denominator and the number "I" shall be used as the numerator for the calculation of equal shares of Association expenses. Section 4. Purpose of Assessments. The assessments levied by the Association shall be used for the purpose of promoting the recreation, health. safety and welfare of the residents of Pine Summit, and in particular for the improvement and maintenance of properties. services and facilities devoted to the purpose and related to the use and enjoyment of the common area and the . homes situated upon lots. including but not limited to. the payment of taxes. insurance. repair, replacement. additions thereto, maintenance of surface water management system and the cost of mitigation. monitoring and maintaining in accordance with the Environmental Resource Permit. and for the cost oflabor, equipment. materials. management and supervision thereof. Section 5. Assessments. Until changed by the Board. the monthly assessment per lot shall be $125.00. The monthly assessment may be increased or decreased by the Board no more frequently than annually~ provided. however. that the maximum monthly assessment shall not exceed the sum of$150.00 per lot unless the same is approved by members of the Association in accordance with Section 6 below. Section 6. Change in Maximum Assessment. The Association may change the maximum amount of the assessment fixed by Section 5 above prospectively for any annual period. provided that any such change shall be approved by two-thirds (2/3) of the voted of Class A members who are voting in person or by proxy at a meeting duly called for such purpose, written notice of which shall be sent to all members at least thirty (30) days in advance of said meeting and which notice shall set forth the purpose of the meeting. Section 7. Special Assessments. In addition to the assessments authorized by Section 5 above, the Association may levy in any assessment year a special assessment, applicable to that year only, for the purpose of detraying. in whole or in part, the cost of ant construction or reconstruction. unexpected repair or replacement of a capital improvement on the common areas. including any necessary fixtures and personal property relating thereto, and any extraordinary (~ (-..., expenses of operation or maintenance, provided that any such assessments shall have the assent of two-thirds (2/3) of the vote of Class A members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to aU members at least thirt.y (30) days in advance of said meeting and which notice shall set forth the purpose of the meeting. Section 8. Quorum, The quorum required for any action authorized by Section 4 or Section 5 above shall be as follows~ . At the first meeting called, as provided in Section 4 and 5 hereof, the presence at the meeting of members, or of proxies, entitled to cast sixty (60) percent of all votes of the membership shall constitute a quorum. If the required quorum is not forthcoming at said meeting, another meeting may be called, subject to the notice requirements set forth in Section 4 and 5, and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. Section 9. Assessment Due Dates. The monthly assessments provided for herein shall be due and payable on or before the first of each month until otherwise changed by the Board. The initial purchasers of the building sites from the Declarant shall be required to pay the Association the monthly assessment, without proration, at the time of conveyance of the lot from the Declarant to said initial purchaser. The Due date of any special assessment levied pursuant to Section 7 shall be fixed in the resolution authorizing such assessments. Section 10. Authority of Board. The Board shall have the authority to change the due date of assessments and the amount thereof, provided, however, that written notice of any change in the amount or due date of any assessment shall be given to each owner at least thirty (30) days in advance of such due date. The Board shall cause to be prepared a roster of the properties and assessments applicable thereto which roster shall be kept at the principal address of the Association, and shall be open to inspection by any owner during normal business hours. A written statement or invoice for payment of the assessments shall be sent to each owner at the address designated in writing to the Association by each owner. If not otherwise designated in writing, said statements and lor notices may be mailed to the address of any lot upon which a dwelling unit has been constructed, and, in the case of unimproved lots, may be mailed to the address set forth in the St. Lucie County tax rolL The Association shall, upon request, furnish to any owner liable for the payment of assessments, a certificate in writing signed by an appropriate officer of the Association, setting forth whether said assessment against the owner's lot have been paid and the due date of the next assessment. Such certificate shall be conclusive evidence of payment of any assessments therein stated to have been paid. Section 11. Effect of Nonpayment of Assessments. If the assessments are not paid on the date when due then such assessment shall become delinquent and shall, together with such interest thereon and cost of collection thereof, including reasonable attorneys' fees, as hereinafter provided, thereupon becoming a continuing lien on the property which shall bind such property in the hands of the then owners, his heirs, devisees, personal representatives and assigns. ( , '-" r~ The personal obligation of the then owner to pay such assessments, however, shall remain his personal obligation for the statutory period and shall not pass to his successors in title unless expressly assumed by them. If the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency at a rate of eighteen (18) percent per annum, and the Association may bring action at law against the owner personally obligated to pay the same or to foreclose the lien against the property, and there shall be added to the amount of such assessment the cost of such action, including attorney fees. Section 12. Rights of Declarant. Notwithstanding anything contained herein to the contrary, Declarant shall be exempt ITom the payment of assessments against lots owned by the Declarant and held for sale in the normal course ofbusiness~ provided however, that this exemption shall not apply to lots owned by the Declarant upon which have been constructed a dwelling unit~ and, provided further, that Declarant's exemption ITom payment of assessments shall terminate upon termination of Class B membership in the Association or upon Declarant's written waiver of this exemption, whichever shall occur first. Section 13. Subordination of the Lien to Mortgages. The lien of the assessments provided for above shall be subordinate to the lien of any first mortgage of an institutional mortgagee and to the lien of any purchase money mortgage held by the Declarant, its successors and assigns. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any building site pursuant to mortgage foreclosure or any proceeding in lieu thereot: shall extinguish the lien of such assessment as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such lot ITom liability for any assessments thereafter becoming due or ITom the lien thereof. For the purpose of this Declaration, "Institutional Mortgagee" means (a) any lending institution having a first mortgage lien upon a lot including any of the following institutions~ a federal or state savings and loan or building and loan association, or bank or real estate investment trust, or mortgage banking company doing business in the Sate ofFlorida~ or (b) any "Secondary Mortgage Market Institution" including the Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation and such other secondary mortgage market institutions as the Board shall hereafter approve in writing which has acquired a first mortgage upon a lot~ or (c) any and all investing or lending institutions, or the successors and assigns of such lenders herein referred to as the "Lenders" which has loaned money to Declarant to acquire, or construct improvements upon the property and which holds a mortgage upon any portion of the property securing such a loan. ARTICLE VI. ARCHITECTURAL CONTROL COMMITTEE Section 1. Membership The Board shall appoint the members of the ACC which shall initially consist of Charles A White, Mark A Conner & Larry McDonald. Section 2. Successors. Upon the death or resignation of any of the above named c'-" (~ individuals from the ACC, the Board shall appoint a successor Committee member. Section 3. Purpose. No building, fence, structure, alteration or improvement of any kind, other than interior alterations not affecting the external appearance of a builging or structure shall be commenced, erected, placed or maintained upon any portion of any lot unless and until the plans and specifications therefore shall have been approved in writing by the Committee in its sole judgement and discretion as to harmony of external design and location in relation to surrounding structures and topography and as to aesthetic quality. Section 4. Approval Procedures. Any approval requested of the Committee shall be requested in writing and shall be submitted to the Committee at the principal office of the Association. In the event the Committee fails to approve or disapprove such plans and specifications within thirty (30) days after the same has been submitted to it, approval shall be deemed to have been given if written notice by the applicant has been given to the Committee stating that no action was taken for thirty (30) days and requesting immediate action within ten (10) days and the Committee fails to approve or disapprove within said ten (10) day period. Before any construction is undertaken, the owner of the lot or his representative shall lay out the dimensions of the structure on the site, and this specific site plan must be approved by the Committee in writing. Within ten (10) days after completion of the construction of an improvement within Pine Summit, the owner, builder or other representative of the owner, shall give written notice to the Committee that the improvement is complete and ready for inspection. Within twenty (20) days after receipt of such notice, the Committee shall inspect the improvement and shall notify the owner in writing as to any defects of deficiencies which are found. This response from the Committee shall include a statement as to the corrections which should be made to correct any such deficiencies so as to render the improvement in compliance with the approved plans and specifications. The owner shall be given a reasonable amount of time within which to correct such deficiencies, and, after being given a reasonable opportunity to do so, the Committee shall make such recommendations to the Board as it deems necessary in enforcing compliance with the approved plans and specifications. In the event the Committee fails to inspect the improvement and notify the owner in writing as to the defects within twenty (20) days after such notice, the improvement will be deemed in compliance with the plans and specifications previously approved. Section 5. Administration. . The Committee shall have the power to adopt rules and establish procedures not inconsistent with the provisions of this Declaration, including, but not limited to construction and development standards as may be deemed necessary by the Committee to insure quality development, and to insure preservation of the aesthetic qualities of the property and to insure that there will be no pollution of wetlands. The written request and submittal of plans and specifications required pursuant to Section 4 hereof shall include, but not be limited to a specific site plan, floor plans with elevation drawings, accessory structures and features including pool, deck plans, screen enclosures, mailboxes, fences and other structures, garbage disposal facility or area, driveway and sidewalk location, specific grading, clearing and landscaping plan, erosion control and drainage control requirements both pre- and post- (~ (....., construction, construction timing schedule, a comprehensive color scheme designating the precise color of all exterior surfaces, and complete submittals on all materials proposed for use. The Committee may disapprove a plan for lack of artistic style or aesthetic quality. For example, the Coqunittee may disapprove a plan because it is too square or "box like," because the roofis too· flat, because there is not sufficient landscaping, or for any other reason that the Coriunittee, in its sole discretion, may deem appropriate. In addition to the basic roof and wall color, the rendering and color scheme shall include, but not be limited to, the color of the trim, the gutters, windows, shutters, decks, porches, and all other exposed surfaces. The Committee, in its sole discretion, may disapprove a color scheme on the grounds that it is not in confonnance with the aesthetic character of the development. The Committee shall also disapprove any aluminum windows, doors, or similar structures using aluminum, except anodized aluminum. No pipes, wires, or other appurtenances underneath or adjoining a structure shall be exposed, but shall be encased or housed as a part of the overall construction project. ARTICLE VII. GENERAL STATEMENTS. Section 1. Land Use and Building Type. No lot shall be used except for residential purposes. No building of any type shall be erected, altered, placed or permitted to remain on any other than one single family dwelling. When the construction of any building once begun, work thereon shall be prosecuted diligently and continuously until the full completion thereof The main residence and attached structures shown on the plans and specifications approved by the Committee must be completed in accordance with said plans and speCifications upon each building plot unless such completion is rendered impossible as a result of strikes, fires, national emergencies or natural calamities. No lot shall be subdivided, except for Phase VII where duplex units are pennitted, it being the intent of this provision to allow one residential unit per lot; provided, however, that one dwelling unit may be constructed on two or more adjoining lots. Nothing contained herein shall prohibit the developer ftom making minor adjustments in lot lines and dimensions. Section 2. Size of Dwelling Structure. The ground floor living area of the main structure if a single family dwelling, exclusive of one story porches, garages, and patios shall not be less than 1,000 square feet. The Committee shall retain the rights to grant variances on twenty- five (25) percent of the lots contained within the development. . Section 3. Improvement Setbacks and Locations. No building or structure shall be located nearer than twenty (20) feet ftom the front property line to the house or ten (10) feet to the garage, nor nearer than five (5) feet to the rear property line. All setback requirements shall meet the St. Lucie County Ordinances as amended by the Pine Summit P.U.D. zoning classification. The Committee reserves the right to grant variances in all setback requirements within the development in accordance with Ordinance. No building, structure, fence, wall, hedge or shrub planting which obstructs sightlines at elevations between two (2) and four (4) feet above the roadways shall be placed or pennitted to remain on any corner within the triangular area fonned by the street property lines and a line connecting them at points twenty (25) feet from the intersection of the street lines or, in the case - ( '-'" (- , ,.."", ofa rounded property comer, from the intersection of the property lines extended. The same sightline limitations shall apply within ten (10) feet from the intersection of a street property line with the edge of a driveway or alleyway pavement. No hedge shall be permitted to remain within such distances of intersections unless the foliage line is maintained at sufficient height to prevent obstruction of sightlines. Unless specifically approved by the Committee, no fence of any kind shall be placed or constructed nearer to the front comer line than the building setback line or the tront comer of the residence, whichever is greater. The Committee will require certain decorative fencing to be constructed around all courtyard areas. Section 4. Temporary Structures. No trailers, travel trailers, motor homes, basements, tent shacks, garage or barn or other outbuilding shall be at any time used as a residence, temporary or pennanent, nor shall any structure of a temporary character be located on any lot at any time. Boats trailers, campers, or other vehicles shall be parked or stored within the confines of the lot and shall not be parked on the road or other common area. Section 5. Driveway and Sidewalks. All driveways and sidewalks shall be constructed of concrete. Where curbs are required to be broken for driveway entrances, the curb shall be repaired in a neat and orderly fashion and in such a way to be acceptable to the Committee. Each lot shall be required to construct off street parking pads for a minimum of two (2) vehicles, side by side: Construction of four (4) foot wide pedestrian sidewalk will be require4 on most lots. . Section 6. Utility Connection and Television Antennas. All house connections for all utilities, including but not limited to, water, sewer, electricity, natural gas, telephone, computer, and television shall be run underground trom the property connecting points to the building structure in such a manner to be acceptable to the governing utility authority and the Committee. No exterior radio and lor television antenna, or satellite dish shall be placed or installed upon a lot within the development unless completely unseen from the street and approved in writing by the Committee. Section 7. Potable Water Supply. No individual potable water supply system of any type shall be permitted on any site within the development unless approved in writing by the Committee. Individual shallow well systems shall be permitted for irrigation purposes only. Section 8. Garbage and Refuse Disposal. No lot shall be used, maintained, or allowed to become a dumping ground for scraps, litter, leaves, limbs, or rubbish. Trash, garbage or other waste shall not be allowed to accumulate on the property and shall not be kept except in sanitary containers installed in such a manner to be acceptable to the Committee. All equipment for the storage and disposal of such material shall be kept at the rear of the residence, and in no event shall the same be visible trom the street. Under no circumstances shall any of the same be located at the tront of the residence. Section 9. Mail Boxes. The size, location, design and type of material used for the c~ c~ construction of mail boxes or receptacles shall be approved by the Comnúttee. Each mail receptacle shall be required to have a photocell activated light fixture that has been pre-approved by the Comnúttee. Section 10. Irrigation System. It shall be the obligation of each owner to provide reasonable and sufficient irrigation service to their lawn and landscape areas to maintain the appearance of the development. Section 11. Hurricane Season. Each owner who will not be present in their homes during the hurricane season (June lit through November 30th) shall be required to take all reasonably necessary precautions to prepare their home for the possibility of a hurricane prior to their departure. ARTICLE VIII. RESTRICTED OR PROHIBITED ACTIVITIES Section 1. Business or Commercial Activity. No business, trade or commercial activity shall be conducted on any lot. Section 2. Signs... No sign of any kind shall be displayed to the public view on any site except one (1) sign of not more than two (2) square feet advertising the property for sale or rent which may be placed on window of unit. All sign must be approved in writing by the Comnúttee. Section 3. Livestock and Pets. No animals, livestock or poultry of any kind shall be raised, kept or bred on any lot, except that dogs, cats and other household pets may be kept, provided that they are not kept, bred or maintained for commercial purposes. Dogs must be kept on a leash, be fenced in a yard, or kept in the house. Any dog creating a nuisance in the neighborhood be it from excessive barking, chasing cars, chasing people, or the like, shall constitute a nuisance and shall result in the Association taking whatever action is appropriate to remove such nuisance. Section 4. Nuisances. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood or tend to damage or destroy either private or public property. Section 5 Vehicle Parking. There shall be no on street parking whatsoever of the following~ boats, motor homes, or trailers. Section 6. Storage of Personal Property. All personal property kept on the premises of a lot, shall be either kept and maintained in a proper storage facility, or shall be stored at the rear of the home. However, nowhere on the property shall this provision be construed to permit junk cars, old appliances, or the like from being kept anywhere on the property, including in the front, on the side or in the rear of the property. Any personal property, if it is to be stored on the lot, is to be stored in a completely enclosed structure approved by the Comnúttee. Among other remedies, and after thirty (30) days notice to owner, the Association may come upon the lot c~ ('WI to remove property being stored in violation of this provision, all at the expense of the owner, wlúch shall constitute a lien against said property. An automobile or other vehicle shall be considered a "junk car" under tlús provision if it is immobile for a period of thirty (30) days or lon~er, or does not have a current license tag. Section 7. Drying Areas. No clotlúng, laundry, or wash shall be aired or dried on any portion of a lot in an area exposed to view to neighbors, and no clotheslines shall be permitted except inside the fenced-in courtyard/patio area wlúch is not visible to neighbors. Section 8. Use ofFill. No owner or person acting for an owner shall bring any fill material into Pine Summit without the prior written approval of the Committee, wlúch approval shall be given only upon a showing that the use of such fiU is necessary to a particular construction project, and upon a showing that the use of such fill will not change or adversely affect the drainage pattern within Pine Summit. Section 9. Clearing and Lands~ing. No clearing, grading, destruction of vegetation or cutting of any tree large than 4 inches in diameter shall be undertaken or commenced on any lot until a clearing and landscaping plan has been approved in writing by the Committee, and such plan shall specifically designate the vegetation and trees to be removed, and the particulars of trees, shrubs, hedges and/or sodding to be placed upon the lot after completion of construction. Owners shall maintain as much of the existing vegetation as possible. Removal of exotic and nuisance vegetation £rom lots and adjacent upland/buffer preserve shall not be prohibited. In any event~ all lots shall be maintained so as -to prevent erosion. Section 10. Open Fires. Open fires and burning of leaves, or underbrush shall be prohibited in Pine Summit unless prior written consent of the Committee is obtained. .The Committee's consent shall be granted in the Committee's sole discretion, and, if granted, may be conditioned upon such terms as the Committee deems appropriate. Section 11. Television Antennas. No television or other outside antenna system or facility shall be erected or maintained on any lot to which cable television service is then currently available, except with specific consent of the ACT, which consent may be unreasonably withheld. Section 12. Children. No children under the age of twenty-one (21) years shall be permitted to reside in any home or on any lot within Pine Summit, except that children may be permitted to visit temporarily for periods not to exceed sixty (60) days in total in any calender year, and subject to such rules and regulations of the Association limiting their use of the common property and recreation areas. Section 13. Resident Limits. No more than three (3) persons may reside in any home on any lot on a permanent basis~ provided however, that it shall be permissible for an owner to have more than that number of individuals visiting, on a temporary basis, for periods not to exceed thirty (30) days in any calender year. Section 14. Lakes and Wetlands. The lakes and wetlands located within Pine Summit (,- ("WI are primarily intended as aesthetic features. They are not available for actual use. Swimming, boating docks, landings and similar use, construction and/or placing of soils or other substances such as trash, removal of trees, shrubs, or other vegetation, excavation, dredging, removal of soil mat~rial, diking, fencing, or any other activities that would serve to detrimentally affect flood control, water conservation, erosion control, or affect fish and wildlife habitat conservation or preservation, shall not permitted. The wetlands and the surrounding upland buffers/preserve areas are hereby declared Conservation Areas as well as common areas. These wetland areas are the perpetual responsibility of the Association and may in no way be altered ftom their natural state. ARTICLE IX. EXTERIOR MAINTENANCE All owner must maintain structures in good repair and keep the same safe, clean, and orderly in appearance at all times, and to maintain such structures in an attractive manner. The Committee shall be the judge as to whether the structures are safe, clean, orderly in appearance, and properly painted or preserved, and where the Committee notifies the particular owner in writing that said structure fails to meet acceptable standards, said owner shall thereupon remedy such conditions within thirty (30) days to the satisfaction of the Committee and that failing to remedy such conditions, the owner or tenants hereby covenant and agree that the Association may perform such necessary maintenance, but is not obligated to perform the same or take such actions as will bring the said structure up to acceptable standards, all such repairs and actions to be at the sole expense of the owner. Such maintenance as to a vacant lot may include the mowing of grass and weeds, the trimming of trees and shrubs, and the removal of trash and litter.. The cost of àny such maintenance shall be assessed against the lot upon which the maintenance is performed, and shall be due and payable within fifteen (15) days after written notice of the assessment is mailed to the owner, It shall also constitute a lien against the lot and a personal obligation of the owner, and may be enforced and collected in the same manner as provided herein for the collection of delinquent assessments. ARTICLE X. COMMON AREAS Section 1. Members' Easements of Enjoyment. Subject to the provisions of Section 3, every member shall have a right and easement of enjoyment in and to the common areas and such easement shall be appurtenant to and shall pass with the title to every site. Each owner shall have a perpetual easement for ingress over and across the private roadway and utility easement more particularly described in Exhibit uC" attached hereto. Section 2. Title to Common Areas. The Declarant may retain legal title to the common areas until such time as he has completed improvements thereon. Notwithstanding any other provisions herein, the Declarant hereby covenants, for himself, his successors and assigns, that he shall convey title to the common areas to the Association not later than the 15th day of April, 2000. Section 3. Extent of Members Easements. The rights and easements of enjoyment created hereby shall be subject to the following: (,-, c'-' (a) The right of the Association to suspend the enjoyment rights of any member far any period during which any assessment remains unpaid, and for any period not to exceed thirty (30) days for infraction of its published rules and regulations; and, (b) The right of the Association to dedicate or transfer all or any part of the common property to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members, provided that no such dedication or transfer, detennination as to the purpose or as to the conditions thereof, shall be effective, unless an instrument signed by members entitled to cast two-trurds (2/3) of the votes irrespective of Class of membership has been recorded, agreeing to such dedication, transfer, purpose or condition, and unless written notice of the proposed agreement and action thereunder is sent to every member at least ninety (90) days in advance of any action taken. Section 4. Drainage Easements. Declarant grants and reserves unto the Association a perpetual easement for drainage purposes over and across that property more particularly described in Exhibit "D", "E", and "F," together with the right ofingress and egress for maintenance of the easement areas as and when deemed necessary by the Association. Section 5. Maintenance. The Association shall maintain all common areas witrun Pine Summit, including specifically all roads, easements, common areas, entryways and facility improvements. The Association is further authorized to take such action as deemed reasonably n,ecessary to provide for ª,dequate security within Pine Summit, and to provide a program for pest control. The Association shall also maintain all private residences yards. The Declarant reserves unto itself, rus successors and assigns, a perpetual and alienable easement and right on, over and under the common areas and each lot to erect, maintain and use pipes, wires, cables conduits, sewers, water mains and other suitable equipment for the conveyance and use of electricity, telephone equipment, community antenna television service, gas, sewer, water drainage facilities, or other public conveniences or utilities on, in or over those portions of each lot or common areas as may be reasonably required for utility line purposes, provided however, that no such easement shall be applicable to any portion of such lot, parcel or tract, as may (a) have been used prior to the installation of such utilities for construction of a building whose plans were approved pursuant to this Declaration, or (b) such portion of a lot as may be designated as the site for a building on a plot plan for erection of a building which has been approved in writing. These easements and rights expressly include the right to cut any trees, bushes or shrubbery, make any grading of the soil, or take any other similar action reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of healt~ safety and appearance. Such rights may be exercised by any licensee of Declarant, but this reservation shall not be considered an obligation of Declarant to provide or maintain such utility or service. ARTICLE XII. PARTY WALLS Section 1. General Rules of Law to Apply. Each wall or fence which is built as a part of the original construction of a residential unit upon a lot which constitutes a common wall (~ (...., of the respective owners of the residential unit shall constitute a party wall, and to the extent not inconsistent with the provisions of this Declaration, the general rules of law regarding party walls and the respective rights and liabilities of the parties shall apply thereto. Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared equally by the adjoining owners Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any owner may restore it, and the adjoining owners shall contribute equally to the cost of restoration without prejudice to the right of any owner to seek larger contributions from the other adjoining owner under any rule of law regarding liability for negligent or willful acts or omissions. Section 4. Weatherproofing. Notwithstanding any other provision contained herein, any owner who by his negligent or willful act or omission causes th~ party wall to be exposed to the elements shall be liable for the cost of furnishing the necessary protection against the elements. Section 5. Right to Contribution Runs With Land. The right of any owner to contribution from the other owner under the provisions of the Article shall be appurtenant to the lot and shall pass with the title to the lot. ARTICLE XIII. ENFORCEMENT All covenants contained within this Declaration concerning the collection of assessments may be enforced only by the Association or Declarant by action at law or in equity to enforce the personal obligation of an owner for the payment of delinquent assessments or foreclosure of the lien against the lot~ provided however, that any such action taken by the Declarant shall be commenced in the name of the Association and on its behalf and all recovery of property or money shall be for the benefit of the Association. All remaining covenants and restrictions herein contained may be enforced by the Association, Declarant, or any owner in any judicial proceeding seeking any remedy provided herein or recognizable at law or in equity, including damages, injunction, or any other appropriate form of relief against any person violating any covenant, restriction or provision hereunder. The failure by any party to enforce any such covenant, restriction or provision herein contained shall in no event be deemed a waiver of same or of the right of such party to thereafter enforce same. The party bringing any such action to enforce the covenants, restrictions or provisions hereof shall, if said party prevails, be entitled to aU cost thereof, including but not limited to reasonable attorneys' fees. No liability shall attach to Declarant for the failure to enforce the terms of this Declaration.. ARTICLE XIV. DECLARANT'S DEVELOPMENT RIGHTS Nothing contained in this Declaration shall be interpreted or construed to prevent Declarant, his transferees, or his or their contractors or subcontractors from doing or performing on all or any part of Pine Summit actually owned or controlled by Declarant or his transferees or (~ (.., upon common areas, whatever they determine to be reasonably necessary or advisable in connection with the completion of the development of the property, including, without limitation; _ (a) erecting, constructing and maintaining thereon such structures and vehjcles as may be reasonably necessary for the conduct of Declarant's business of completing and establishing the property as a residential community and disposing of the same in parcels by sale, lease, or otherwise~ or (b) conducting thereon rus or their business of completing and establisrung the property as a residential community and disposing of the property in parcels by sale, lease, or otherwise~ or (c) maintaining such sign or signs thereon as may be reasonably necessary in connection with the sale, lease, or otherwise transfer of the lots~ (d) _ provided however. that operation being conducted under subparagraphs (a). (b) and (c) immediately above shall be permitted upon only those parts of Pine Summit owned and controlled by the party causing or conducting said operations, and the common areas. As used in trus Section, the term "its transferees" specifically does not include purchasers of lot improved as completed residences. The Association shall have the further obligation and responsibility for the ruring of appropriate personnel and for the maintenance, management. repair. upkeep and replacement of the Common Areas. . ARTICLE XV. OWNER'S OBLIGATIONS Section 1. Insurance. Each owner shall maintain fire and extended coverage insurance on the improvements located upon rus Lot in an amount equal to the full replacement value. The Association may require written evidence of such insurance on an annual basis. In the event of loss. subject to the consent and approval of any such mortgagee named as loss payee. all insurance proceeds shall be used to promptly repair or replace the damage unless the Association shall otherwise agree. Section 2. ReJ)air. If all or any portion of a residence is damaged or destroyed by fire or other casualty. it shall be the duty of the owner thereof to rebuild, repair or reconstruct such residence in a manner wruch will substantially restore it to its appearance and condition immediately prior to such casualty. Reconstruction or repair shall be commenced witrun trurty (30) days after the damage occurs and shall be continuously prosecuted to completion with all due diligence. but in no event later than one hundred and eighty (180) days after such damage or casualty, acts of God and matters beyond the control of the owner excepted. ARTICLE XVI. AMENDMENTS Section 1. By Declarant. Until Declarant's Class B membersrup in the Association is terminated as herein provided, all amendments or modifications shall only be made by Declarant, without the requirement of the Association's consent or the consent of the owners; provided however, that the Association shall, forthwith upon request of Declarant, join in any (~ c-." such amendments or modifications and execute such instruments to evidence such joinder and consent as Declarant shall, from time to time, request. Additionally, until Declarant's Class B membership is tenninated, Declarant may waive or grant variance from any of the covenants and rest~ctions, if the Declarant, in its sole judgement, detennines such a variance to be a minor or insubstantial violation. After tennination of Declarant's Class B membership in the Association, the right to grant such variances shall be exercised by the Architectural Control Committee. Notwithstanding any provisions contained herein, no part of these documents that relate to the surface water management system or the conservation/preservation areas can be amended without the prior written approval of the South Florida Water Management District. Section 2. By Owners. Except as provided in Section 3 of this paragraph, after tennination of Class B membership in the Association, this Declaration may be amended by~ (a) the consent of the owners of two thirds (2/3) of all the lots, together with; (b) the approval or ratification of a majority of the Board. The aforementioned consent of the owners may be evidenced by a writing signed by the required number of owners at any regular or special meeting of the Association called and held in accordance with the Bylaws, and evidenced by a certificate of the Secretary or an assistant secretary of the corporation. Section 3. Scrivener's Errors and Immaterial Changes. Amendments for correction of scrivener's error or other immaterial changes may be made by the Declarant alone until his Class B membership is tenninated and by the Board thereafter and without the need of consent of the owners. Section 4. Limitations. Notwithstanding anything to the contrary herein contained, no amendment to this Declaration shall be effective which shall impair or prejudice the rights or priorities of the Declarant, or of any Institutional Mortgagee under this Declaration without the specific written approval of the Declarant, or the Institutional Mortgagee affected thereby. Furthermore, notwithstanding anything to the contrary herein contained, no amendment to this Declaration shall be effective which would increase the liabilities of a then owner or prejudice the rights ofa then owner or his family, guest, invites and lessees to utilize or enjoy the benefits of the then existing common areas unless the owner or owners so affected consent to such amendment in writing or unless such amendment is adopted in accordance with the procedure of Section 2 required for adoption of an amendment to the Declaration. Section 5. Effective Date of Amendments. Any amendments to this Declaration shall become effective upon Certificate of Amendment to the Declaration setting forth the amendment or modification being recorded in the Public Records of St. Lucie County, Florida. ARTICLE XVII. DURATION OF COVENANTS AND RESTRICTIONS The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of Declarant of owners and the Association, their respective legal representatives, heirs, successors, and assigns, for a term of thirty (30) years form the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument recorded, agreeing to change said (~ ('wi covenants and restrictions in whole, or in part, provided however, that no such agreement to change shall be effective unless made and recorded three (3) years in advance of the effective date of such change, and unless written notice of the proposed agreement is sent to every owner at I~ase ninety (90) days in advance of any action taken. ARTICLE XVIII. MISCELLANEOUS Section 1. Severability In the eyent any of the provisions of this Declaration shall be deemed invalid by a court of competent jurisdiction, said judicial determination shall in no way affect any of the other provisions hereof, which shall remain in full force and effect and any provision of this Declaration deemed invalid by a court of competent jurisdiction by virtue of the term or scope thereof shall be deemed linúted to the maximum term and scope permitted by law. Further, the invalidation of any of the covenants or restrictions or terms and conditions of this Declaration or reduction in the scope or term of the same by reason of judicial application of the legal rules against perpetuities or otherwise shall in no way affect any other provision which shall remain in full force and effect for such period of time and to such extent as may be permitted by law. Section 2. Notices. Any notice required to be sent to any member or owner, under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as membe-r or owner on the records of the Association at the time of such mailing. Section 3. Inter:pretation ofDeclaratiort. The Board shall have the right and responsibility to determine all questions arising in connection with this Declaration and to construe and interpret the provisions of this Declaration in good faith. All such interpretations shall be binding on the owners. Section 4. Captions Headings and Titles. Article and paragraph captions, headings and title inserted throughout this Declaration are intended as a matter of convenience only and in no way shall such captions, headings or titles define, limit, or in any way affect the subject matter or any of the terms and provisions thereunder nor the terms and provisions of this Declaration. Section 5. Context. Whenever the context so requires or adnúts, any pronoun used herein may be deemed to mean the corresponding masculine, fenúnine or neuter form thereof and the singular form of any nouns and pronouns herein may be deemed to mean the corresponding plural form thereof and vice versa. Section 6. Attorneys' Fees. Any provision in this Declaration for the collection or recovery of attorneys' fees shall be deemed to include, but not be linúted to, attorneys' fees for the attorneys' services at all trial and appellate levels and, unless the context clearly indicates a contrary intention, whether or not suit is instituted. (¥ (- WtII IN WITNESS WHEREOF, this instrument has been executed by Declarant the day and year first above written. Trans-Global Equities, L.C. WITNESS WITNESS Mark A Conner, President STATE OF FLORIDA COUNTY OF ST. The foregoing instrument was acknowledged before me this day of . 1998, by Mark AConner, President of Trans-Global Equities, L.C., a Florida limited liability company, doing business as Pine Summit Development, known to me, and has executed same on behalf of said Trans-Global Equities, L.C. NOTARY PUBLIC My commission expires; IN WITNESS WHEREOF, this instrument has been executed by Declarant the day and time first above written. Trans-Global Equities, L.C. WITNESS WITNESS Charles A White, Vice President STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me the day of , 1998, by Charles A White, Vice President of Trans-Global Equities, L.C., a Florida limited liability company, doing business as Pine Summit Development, known to me, and has executed same on behalf of said Trans-Global Equities, L.C. NOTARY PUBLIC My commission expires: . :"" ( ('...., ;0:;; , '-" ;':' Q) ~ Z +--' " S ..c ~ ... " <:... " " .. S -r- S >0 .. 0 c..CII ~ ~ <: .; I " 0 N >- :- <C Q) ,,'" 0" ::I S ... Q) >0... ~ :=.2 . (f) <: <: '" ~ ,,- ~ Q) N S (J '" s:ë '" a: c. . '-- 0 c.. ::I U " ~ ... c. .. \ 0 ..c '\ " 0 0 ... .. ... ... .. II: ... ~ II: ::> 0 ~ ü z -- ::> 0 -~,- ü a: ~ I ! ~]Q't1H a: i ... Ë z . ... .. I ~ ... .. .. I ... « II: _ O]]NS ~ ~ II: CI K-) """ ~ ~ ... ... .... ~ i II: SKI S S' 1 ,,~ ~ A1Nno~ 3380H~33) O ... ... .... ( , '-' C~ Charles Ä. White Zoning l I J Williamsbur Way '" > ;: .. > ð õ c o U G .>< u a u c o :I: ~ '" z I I :RM I I I I No. 28 ,...r'> ....\- 1/;;- t~;\"> ,..i:::! .....' .... "'(':1 != !II :I: ,¡s' :r Ii o '< PNRD Ll·J....., <......\ ~I,; ~~... '/ '" ,../..... ~>') .....r.1'-, _,-... RM-çt Lr.l.] (Q-\ ð.:b ¡-~.. ....\ - ( ¡.ï\.J d-}~- -~ Öõ¡J èr~~ rc. ~~> '-ð ,.I /J ¡~rj '-ð ....\.... ,..£:J IX LL' t~;\ ..> U .... PUD {1 r-- '-fj ---- PNRD RZ 99-014 Community Development Geographic Information Systems Map revised May 25, 1999 . I I I I I I I RM-5 I I I I I I I I I ~ a: « R 5 ThIo mop _ boon ~ b' gonor1IIpIoming - -... _ <ri¡. - ~ oIforIha boon ..- 10 pI<Mde ... moot........ - """"'* N ~ possible, I. not ntonded b'... os . IogoIIy ÞndIng doaJmor(. (- '-' ('''wi Charles A. White Land Use .. Ë .. .:!: o I I I I I Rf'¥1 I I I I I RU I I I I I I CP~8 I I I I l I WiUiomsbur J Way õ c o U ., .. Z M Conal No. 28 != !II :I: ,iï 3' .. o '< --"') (/r'> ,) -I'''' I.....1;,Ö "r') (./;;- (., .....\- (""\~..> ,J:J ..... LrS RM - ~ Lr.l..] ~ -1~ _ (\.. \ Lr.l..] .... \ "" ... - r ,ó\.J r-,RMd}~- r-- '-i_l'} rç~.. ,,-t... _,1.. c:...r;l.-l ,..c ....\., ~- 5-;'P '''' ï(~ 'ï.~ ,.s:.... \?\J ,..C:J '-r~l .....\"" ("~..> ..... R U ------ -- ---- RZ 99-014 Community Development Geographic Information Systems Map revised May 25, 1999 This mop his _ compiled to< gor.- pIon'*'g ond _ _ rrit· -...,., -"""_..- 10 pooyIde 11>0 ..-_ond - N Informoüon poaIJIo.' 10 not iHndod to< 1M .. . IagaIIy brdIng _ (" '. '-' c-~ PUBLIC HEARING CHARLES A. WHITE FILE NO. RZ-99-014 Mr. Hank Flores presented staff comments. Mr. Flores stated that he was presenting the petition of Charles A. White, for Preliminary Planned Unit Development approval for the project known as Pine Summit - PUD, and for a Change in Zoning from the RM-5 (Residential, Multiple-Family - 5 du/acre), CO (Commercial, Office), and CG (Commercial, General) Zoning Districts to the PUD (planned Unit Development - Pine Summit) Zoning District for 77.80 acres of property located on the east side of South U.S. Highway No.1, immediately south of the Vista St. Lucie Condominiums. Mr. Flores stated that the surrounding zoning to the subject property is RM-9 (Residential, Multiple- Family - 9 du/acre) to the north. CO (Commercial, Office) and CG (Commercial, General) to the west. RM-5 (Residential, Multiple-Family - 5 du/acre) to the east. He stated that the surrounding land uses are RM (Residential Medium) to the north. RU (Residential Urban) to the east. COM (Commercial) to the west. Mr. Flores stated that the applicant is proposing the development of a 216-Unit, Single-Family residential subdivision consisting of 174 Single-Family Lots and 42 Duplex Lots. As a Planned Unit Development, the project proposes to develop.the subject propertÿ with some flexibility, such as the establishing area and yard standards which are different from those required in standard zoning districts, and in the ability to cluster dwelling units to protect environmentally sensitive areas on site. Mr. Flores stated that Section 7.01.03(1) of the Land Development Code at the time the proposed project was submitted, required that a minimum of35% (27.23 acres) of the gross area ofland to be committed to a Planned Unit Development must be for use as parks, recreation areas, marinas, swimming beaches, open space, planting, or other public purposes other than rights-of-way, above ground utilities, and parking areas. Of the required 35% open space, a minimum of 15% (4.08 acres) must consists of native habitat to be preserved in its natural condition. Mr. Flores stated that the proposed planned unit development maintains 25.49 acres of Wetlands (32.76% of the site), 2.00 acres in the recreation tract (2.57%), Open Space of2.69 acres (3.46%), and Native Upland Habitat of 5.23 acres (6.72%). The project therefore maintains 45.51 % of the gross project in open space. The remainder of the project of 42.39 acres (54.49%) consists of those areas designated for residential development and road rights-of-way. Mr. Flores stated that as staff reviewed this project and prepared the staff report, an issue concerning access emerged. Subsequent to this concern being raised, the petitioner's representative submitted an addendum to the Transportation Impact Report explaining his traffic analysis and effectively· addressed concerns about this issue. Planning & Zoning Commission! Local Planning Agency June 17, 1999 Page 24 c'-' C~ Mr. Flores stated that staffhas, therefore, detennined that the proposed zoning designation and the Preliminary Planned Unit Development site plan is compatible with the existing and proposed uses in the area, has met the standards of review as set forth in the Land Development Code, and is not in conflict with the Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. Chainnan McCurdy asked if there were any questions from the Board. Mr. Grande asked Mr. Flores if one hundred percent of the current wetlands are being preserved. Mr. Flores stated that 32.76% of the overall project consists of wetlands. He stated that 27.57 acres of wetlands exist on-site, of which 2.08 acres need to be mitigated. Ninety-two and one-half of the wetlands on-site will, therefore, will be preserved. Mr. Grande asked Mr. Flores if the uplands that are being preserved met the standards at the time when the application was submitted, but no longer meet the standards as of this date. Mr. Flores stated that is his understanding. Mr. Grande asked Mr. Flores if this petition should be reviewed based on the standards that were in effect at the time the application was submitted. Mr. Flores stated yes. Chainnan McCurdy asked if there were any other questions of staff. Mr. Trias asked Mr. Flores if there is only one way to enter and exit this development. Mr. Flores stated yes. Mr. Trias asked Mr. Flores if there are any requirements as far as the length of cul-de-sacs for emergency response and other situations. Mr. Flores stated that would be a general review of the Fire Department. Mr. Trias asked Mr. Flores if the County staff reviews this or not. Mr. Flores stated that the County does this in conjunction with the Fire Department. Ms. Dreyer stated that she is concerned about the length of Bristlecone Drive. She stated that pennanent dead end streets, as listed in the Code, should not exceed 1,000 feet in length. She stated that it was her understanding that a portion of this project was not to be completed until the Lennard Road and Prima Vista Boulevard additions were completed. Planning & Zoning Commission! Local Planning Agency June 17, 1999 Page 25 (,-, (""" Mr. Kelly stated that the original was approved several years ago and it is back before them now. When it was first was approved, there were conditions that limited it to being developed until Lennard Road and Prima Vista Boulevard was completed. He stated that since that time, FDOT has completed six lanes to the south of this and over the next five years has over $19 million committed to the section from Rio Mar to Midway Road. He stated that the capacity of U.S. I is changing dramatically and the requirement to have Lennard Road and Prima Vista Boulevard in place for capacity reasons no longer exists. He stated that in the long term for marketing and other reasons, Lennard Road and Prima Vista Boulevard are important to the project. It can, however, function with U.S. I as its primary access. Ms. Dreyer stated that some history on this subject would have been helpful. She asked Mr. Kelly what was the nature of this petition if it had already been approved prior to this meeting. Mr. Kelly stated that the project has expired, this is a new project, and that is why a lot of history was not provided. He stated that staff looked into the history of this project and found this condition. Ms. Dreyer asked if that was the Condition regarding Phases III, IV, and V. Mr. Kelly stated yes. Mr. Kelly stated that Mr. Matthes, Project Engineer at Culpepper & Terpening provided a letter today to staff which explained that U.S. 1 provided the necessary capacity and that staff did not need .. to add that condition. Mr. Kelly stated that Mr. Matthes is correct. Ms. Dreyer asked Mr. Kelly what do we do with the access to Lennard Road that is on the site plan. Mr. Kelly stated when Lennard Road is constructed it will be linked and until then the project will use circular patterns with one access. Ms. Dreyer stated that she was concerned about whether Bristlecone Drive met Code requirements. Mr. Kelly stated that the Fire Department sits on the Development Review Committee and that he recalls there was no objection to that, but he will check with the Fire Department. Mr. Moore stated that he understood staff s position with the traffic impact, but he was wondering if staff had any type of time table on the Lennard Expansion. Mr. Kelly stated no. Ms. Dreyer stated that there was a concern from a local resident of this site that they may be rezoning Residential to Commercial. She asked Mr. Flores whether or not that concern was before the Board at this moment. Mr. Flores stated that the request is to change from Commercial to Residential. Planning & Zoning Commission! Local Planning Agency June 17, 1999 Page 26 (\wi (-..I Chairman McCurdy asked ifthere were any other questions of staff. At this time, Chairman McCurdy opened the public portion of the hearing. Chairman McCurdy asked ifthere was anyone who would like to speak on this issue. Mr. Chuck White, Post Office Box 3146, Tallahassee, addressed the Board. Mr. White stated that he was speaking on behalf of Pine Summit. He stated that the project was originally submitted in 1992 in anticipation of Lennard Road and Prima Vista Boulevard being constructed. He stated that it is in the Comprehensive Plan to be completed in 1995 or 1997. He stated that the project did not also go fOIWard because of their problems with off-site sewer available to the site. He stated that subsequently they worked with the City of Port St. Lucie to obtain a grant that extended sanitary sewer into the area, which they now have. Mr. White stated that they would like to see Lennard Road developed because it would be beneficial to the community. He statect that they cannot tie themselves with the development of the roadway because they have no idea if the County is going to act or not. Mr. White stated that the available density of 389 units is based on old zoning, they have reached 216 units. They have protected all of the wetlands of the property. There are 25 acres that have been put aside. This is consistent with the Treasure Coast Regional Planning Council which encourages development to the east side of U.S. 1. He stated that around the property to the north is a condominiwri project, to the west as well. To the east are residential projects. Chairman McCurdy asked if there were any questions of the Board. Ms. Dreyer asked Mr. White if this was going to be developed in phases or all at one time. Mr. White stated that they have not specified phases in the project. They are considering doing it in two segments, however, they need approval on the whole thing before they can start working. He stated that it is his understanding that this submission is for preliminary and final approval. Mr. Kelly stated that this will be preliminary and final at the Board of County Commissioners. Chairman McCurdy asked if there were any other questions. Ms. Debra Ross, Esq., with Cornett, Googe, Ross and Earle, a law £inn in Stuart, addressed the Board. Ms. Ross stated that she represents the Vista St. Lucie Condominium Association, which is located to the north of the subject property. She stated that they had not seen a site plan until tonight. Ms. Ross stated that the residents have three concerns: · Access Planning & Zoning Commission! Local Planning Agency June 17. 1999 Page 27 ( "~ ('WI · Buffering · Traffic Ms. Ross referenced access of the project. She stated that they have been told that access to the project will be only to the south of the western parcel of Pine Summit. She stated that she thought there would not be access to the north of that parcel which is Vista St. Lucie's access road. Mr. Kelly stated that the plan does not show any access off of Vista St. Lucie's access. Ms. Ross referenced traffic impact. She stated that it appears that Pine Summit would only be accessible by a right turn in, right turn out. She asked Mr. Kelly if she was correct. Mr. Kelly stated yes. Ms. Ross stated that they do have concerns about this since it will result in a substantial amount of traffic making U-turns in front of Vista St. Lucie. She stated that they perceive this to be a traffic problem up to the northern access of the PUD. Ms. Ross stated that the third concern they had is buffering. She stated that the northern property line will have approximately 15 single family homes and part of the recreation area and that the - western portion of the Pur> will contain approximate1}r 15 duplexes. The concerns about buffers are for aesthetics and security reasons. She stated that Mr. White has said that there will be two buffers, one being a six foot shadow box fence as well as a 15 foot no disturbance zone. She stated that they have not seen the final development plan and do not know whether these buffers were on it, but she would request that they be put on before the plan has received approval. Chainnan McCurdy asked if there were any questions. Mr. Moore asked Ms. Ross if Pine Summit agrees to the buffering, if Vista St. Lucie would be okay with that. Ms. Ross stated that the buffer proposed is satisfactorily. She stated that they did have substantial concern about the traffic coming out to the north of U.S. 1. Mr. Grande asked Mr. White if the buffering as just described would be acceptable to him. Mr. White stated that it would be, with a slight change in wording. He stated that he has agreed to construct the wood cedar shadow box fence. He stated that the 15 foot buffer is fine except the undisturbed portion. He stated that he did not have any intentions of removing trees, but that these will be people's backyards so to say that no one will disturb the growth is not reasonable. He stated that the fence will be the furthest away from the adjacent property. Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 28 /' \'-' c...., Mr. Grande asked Mr. White ifhe would consider doing this in two phases, although he is seeking full approval. Mr. White stated that the bank will not loan him any money until this is approved. Mr. Grande asked Mr. White if he would have a problem with having the second of the two stages contingent on the Lennard Road Extension. Mr. White stated that respectfully with the history of the County and its perfonnance on that issue, he would. Ms. Ross referenced buffering. She stated that the restrictive covenants for Pine Swnmit can be written so the buffer areas contained on the lots that are to the southern boundary can be restricted as no disturbance zones. She stated that the issue is not the fence as much as the greenery that exists beyond that. Mr. Kelly stated that Mr. White stated that he is happy to leave the trees, but if the owners wanted to clear the understory, they should be able to. Ms. Ross stated that they would be fine with that. Mr. Grande stated that he understood Mr. White stated that is the way it will work out, but what was within the fences was owned by the'purchasers and he did not-hear any intention of Mr. White to restrict them from removing trees within 15 feet of the fence. Mr. White stated that he did not have any problem putting that restriction in and that he wants the trees to remain as they are. Mr. Kelly stated that he would recommend that the Board place a condition stating that. Ms. Dreyer asked Mr. Kelly if there is anything in the power of the County to limit the number of U-turns. Mr. Kelly stated that he believes that staff will need to meet with the applicant before the Board of County Commissioners hearing to discuss this issue. Ms. Dreyer stated that she is sure that FDOT would have a lot to say about whether you can have left hand turns onto U.S. 1. Mr. Kelly stated that FDOT would have to make that decision and that there might have to be a decision made about a median. He stated that there is a concern which will have to be discussed. Mr. Merritt stated that he believes that there is a median there at this time. Planning & Zoning Commission! Local Planning Agency June 17, 1999 Page 29 ( '- '-" ('WI. Mr. Kelly stated that is accurate at this time and when the widening of U.S. 1 is constructed, the median will be maintained. Chainnan McCurdy asked ifthere was anyone else who would like to speak on this issue. Hearing no further comments in favor or in opposition to the issue, Chairman McCurdy closed the public portion of the hearing. Chainnan McCurdy asked if there were any other questions. After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in Section 11.06.03, St. Lucie County Land Development Code, Mr. Moore moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Charles A. White, for Preliminary Planned Unit Development approval for the project mown as Pine Summit - PUD, and a Change in Zoning from the RM-5 (Residential, Multiple-Family - 5 du/acre), CO (Commercial, Office), and CG (Commercial, General) Zoning Districts to the PUD (planned Unit Development- Pine Summit) Zoning District with the conditions of: . The fence should be put in place. . The 15 feet of understory should remain unless owners decide to remove it. Mr. Grande seconded the motion. Ms. Dreyer asked for clarification concerning the prohibition on the removal of trees and was wondering if the conditions included that or not. Mr. Moore stated that they could make the restriction of the removal of trees as part of a condition for the PUD. Upon roll call, the motion was approved 6-0. Planning & Zoning Commissionl Local Planning Agency June 17,1999 Page 30 ('-' c'-' fõ)Œ@ŒO\YJŒfñì lfi1 JJN - 8 1999 æJ June7, 1999 COMMUNITY DEVELOPMENT ST. LUCIE COUNTY FL Mr. & MrS. Paul J. Finn 4 Lake Vista Trail #106 Port St. Lucie, FL 34952 Diana Wesloski, Chainnan St. Lucie County Planning & Zoning Board 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Dear Ms. Wesloski, This letter is in response to the notification from your office on the proposed change in zoning near Vista St. Lucie. We are opposed to this change from residential to commercial zoning and are definitely opposed to using any part of Vista's entrance for any other traffic, except for Vista's use only. We feel that this will effect our property value greatly. We would appreciate you voicing our opinion at the meeting on Thursday, June 17th. Y0'lm. ~ pæ~~ · '-" ..., AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDA Y, OCTOBER 19, 1999 7:00 P.M Petition of Charles A. White,for Preliminary and Final Planned Unit Development approval for the project known as Pine Summit - PUD, and for a Change in Zoning from the RM-5 (Residential, Multiple-Family - 5 du/acre), CO (Commercial, Office), and CG (Commercial, General) Zoning Districts to the PUD (Planned Unit Development - Pine Summit) Zoning District for the following described property: (Location: East side of South U.S. Highway No.1, approximately 500 feet South of the entrance to the Vista St. Lucie Condominiums) 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 August 26, 1999. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on August 26, 1999. FILE NO. RZ-99-014 (,-" c . """'" ST. LUCIE COUNTY BOARO Of COUNTY COMMISSIONERS PUBLIC HEARING AGENOA SEPTEMBER 7, 1999 TO WHOM IT MAY CONCERN, NOTICE h he<eby given in accordanc. wi'" Sedlon 11.00.03 01 the Sf. Luci. CounIy Land o.v.lapmonI Code and In aCCO<danœ with the provIslans 01 the Sf. Lucio County Campr~1ve I'Iaft, thai,"" fallowing appllcanh have requested thai the Sf. Lucio CounIy Board 01 CounIy Commissioners consider their request as fallows, 1. BEVERLY SCHOENEBERG VI1ckl ""'an, Agenf),1o dell.. a Closs 'A' Mobil. Homo as a 0etad10d Slnglo-family Owelling Un" In the AG-5 Zoning 0h1rkt. Sodfon 21, Township 37 SauIt1. Range 3B East. Bogin at the __ of the narthwosforty rlght.of-way of Glades Cut-Off Rood and the _ 11M of said Hdian: Ihenca north 44"Q'JO" East along said rIght.of-way 788.70 loot 10 the Paint of IogInning; Ihenca canIinuo along said right- of-way 239.37 foot; Ihenca North 37'03'16" W. 663.16 foot; Ihenca North 01'56'00" W. 357.33 ..... Ihenca South 88'04'00" W. 365.73i0oi10 the _ _....1honco 5auIh 01"56'00' Eost along said _ 11M 33&.34 foot; Ihenca North 88'04'00" Eost 198.00 ..... Ihenca 5auIh 29"17'24" East 817 .37 loot 10 Ihe PaItd aI hginnIng. (6.05 Aq (OR 1221-985) (Tax lO. No. 4221-332-0011-000/1). IL- 21430 Glades C..-Off Road) 2. ClWLES A. WHITE, far PYoIiminary and FInaII'Ianood UnIt o...Iop- ..... appn>'lOl far the pro ocI bowft as Pine s.-.a . PUO, and far a Chango In Zoning "- the RM-5 (RosIdonIIoI, MuIHpIe-fGftIIt . 5 dQ/ acnI. CO IC-daI. 0IIIc0 , and CG IC-daI. GonoraI) ZanIng DtsIr1c:ts 10 the PUO ~ UnII DovoIapmonI . Pine SummIt Zoning DI*kI far Ihe fallowing dosaIbod ~ A pcII'COI of land lying In Sodfon 22.. 23, Township 36 SauIt1. Range 40 East and being _. partfcuIarIy dtoatbtd as fallows: c- at Ihe -ø-t ...... cI said Stc:Ifao 22; Ihenca South 00'08'00' W", along Ihe to" lint aI said Stc:Ifao 22. a dIstarø aI 1162.76 i0oi10 tho Paint aI 8tgInning: Ihenca ......... South 00'08'00" W.... along Ihe _lint of said Stc:Ifao 22. a........ cl455.461oo11o o ..... COIICICM 10 Ihe.......... """"0 a...... cI 1 130.00 .....1honco ~,1hrough a cto*aI ..,q. cI 36'53'24', Oft OR: d1sIanCIo of 727.56i0oi10 a ~ --.;Ihtnct South 05"03'4' W.... a dIsIancII al67.18 ..... Ihenca South 47"15"56" W... a d1sIanCIo cI 115.13 MI 10 a ..... COIICIIM 10 Ihe ~ ""'""v a IOdIus cI 815.00 foot; Ihtnct sauIhwwItrIy,lhraugh a...... anglo all4"46'44". Oft OR: dIsIancII aI 210.22 MI 10 a ~ InItrHdian: Ihenca South 00'08'00" W... a disIanct aI 319.81 ..... Ihenca North 89'51'00" W.... adislanct alII34.90..... Ihtnct North 27"32'30" w... parallel with Ihe _ rIght-al-way lint cI U.s. HIghway No. 1 (Stolt Road No. 51. a d1sIanCIo al615.02.....1honco North 89'52'00" W... a d1sIanCIo al58.36.....1henca North 00"10'54" East. a cØstanct cl3OO.oo MI, Ihtnct North 89"52'00" W., a disIanct of 99.23 foot; Ihenca North 27"32'30" W", paraW with said _ rIgIII.of-way lint of U.s. Highway No. I, a dI_ of 109.35 ..... Ihenca North 25"26'45" W.... a disIanct al809.211oo11o 0 poW Oft Ihe _lint aI Iht _ half allht ncr1hwOIII __ althe -ø-t __ aI said Stdfan 22: Ihenca North 00"10'54" East, along said _.... a d1sIanCIo cl181.oo foot; Ihtnoo North 89"50'24" W.... paraIIoIwithlhe south lint o/Ihe ncr1hwOIII __ allhe -ø-t __ cI said Stdfan 22. a dI_ al459.78 loot, 10 a point 011 Ihe _ rIght.of-way lint of said U.s. Highway No. I, said _ rIght.of-way 1M btIog a ..... ...-.. 10 Ihe tost, having a radius aI 1832.08 loti. 0 ......... anglo aI 05"51'25", a chard d1stanct of 187.20 loti. and a chard ~ aI North 17"45'35" Wat¡ Ihenca oøthorty along Ihe OR: cI said..... and said _ rIght.of-way lint .... Oft OR: dI_ al187.28 i0oi10 Ihe -'Y and aI a og 10 said _ rIght.of-way .... Ihenca North 75"10'07" East. a d1sIanCIo cll2.00 loot 10 Ihe santy and aI said og, said santy and aI said og being a poW aI ...- cI a ..... _10 Ihe _ and """"0 a ...... of 1820.08 loti. a ...... anglo cll3"55"I7", a chard d1sIancI of 441.15i0oi and a chard "-log cI North 07"52'14" Wat¡ Ihtnct oøthorty along Ihe OR: of said ..... and said _ right-of-way .... Oft OR: ........ aI 442.23 loti. 10 a point cI __ with a -..ad1aI .... a radial 10 said point boars South 89"05'24" Wat¡ Ihtnct South 89"52'00" East. paraW with the north R.. of Stc:Ifao 22, a d1stanct of 263.42 foot; Ihtnct North 00'05'33" East, parallel with Ihe sasftrIy rIgtIt-al-way lint aI said US Highway No. 1, a d1stanct of 330.00 loot, 10 a poW Oft Ihe south lint of Ihe narth 120.00 loot allht _ hall of Ihe __ __ cllhe -ø-t __ aI Stc:Ifao 22: Ihenca South 89"52'00" East. along Iht south lint of Iht north 120.00 i0oi allhe _ hall allhe _ __ allhe -ø-t __ of said Stdfan 22. a dI_ of 364.71 loti. 10 a point Oft Iht _ lint allhe _ 60.00 i0oi allhe _ hall 0I1he __ __ allht -ø-t __ 01 said StdIoo 22: 1honco South 00"10'54' W.... along Iht _ lint allht _ 60.00 i0oi 0I1ht _ hal 0I1ht __ __ 0I1ht _ __, a d1stanct 01 700.00 'tot, Ihenca South 44"52'00" East. a d1stanct 01 484.74 IttlIo Iht south 11M 01 tho narth 1162.76 i0oi of said StdIoo 22, Ihenca South 89"52'00" Eost, along said south .... a dI_ aI 278.00 foot; Ihenca South 00'08'00" W.... 0 d_ aI 117.00 ..... Ihtnct 5auIh 89"52'00" Eost, 0 dI_ of 270.00 foot; Ihenca North 00'08'00" fast, o dislanct of 117.00 foot; Ihenca 5auIh 89"52'00" East. along said _ Uno, 0 _ aI 1026.93 fttt 10 Iht east lint 01 said Stc:Ifao 22. rtlvrnlng 10 Iht Point 01 Boginning. Sold poraI conIaIns 77.80_ -. or loss. (To"'D. Nos. 3422-121- 0002-000/1 and 3422.120-0000-000/~1. IL- fast Iidt of South U.S. HIghway No. 1. ___JdmOttIY 500 IttI 5auIh 0I1ht _10 tho Vista "'- Lucio ConcIoooInIunIs PU8l1C HEARINGS wf1I be hold In the County ~ a.a..btrs. Jrd floor aI the Roger Poitras __ "'-' 8uI1d1ng. 2300 Virginia A......, Fort Pitrœ. FIooIdo an SopItmbtr 7,1999, beQlMing of 7,00 P.M. or o. soan """tall", os possible. PURSUANT TO Stc:flon 2B6.0105. Florida S_ f 0 person docIdts 10 _I any d«islan modo by 0 board. ogoocy, or _so sian with rtSpecllo any """"" considered of 0 -.ling or Moring, "" will need a record allht proceedings. and that, far sudt "'""""" "" may need to ensure that 0 vwbatilll record of the proceedings is mode, which rocard Includes the ftsflmany and ovtdence upon which .... appeal Is 10 be based. BOARO OF COUNTY COMMISSIONERS ST.LUCIE COUNTY. FLOIUOA /S/ PAUlA "-LEWIS, CHAIRMAN Pub~ Aug. 26, 1999 í/\..L. 7/;.,,:; c .~ No. 7977 ST. LUCIE COUNtY BOARD OF COUNlY COMMISSIONERS PUBlIC HEARING AGENDA SEPŒMBER 7, 1999 TO WHOM IT MAY CONCERN: NOTICE is hereby given In accordance with Section 11.00.03 of the Sf. Lucie County land Devetopment COde and In accordance with the provisIonS of the Sf. lucie County Comprehensive Plan. that the following applicants haVe requested IhaIthe Sf. Lucie County Board of County Commissioners consider their request as follows: 1. BEVERlY SCHQENEBERG(Vikkl Aaron, Agenf), to define a Class "A" Mobile Home as a Detached SIngIe-famIIy Dwelling Un". In the AG-5 Zoning Dlslrtcf. SECTION 21, TOWNSHIP 37 SOU1H. RANGE 38 fASf. BEGIN AT tHE INTERSECTION OF tHE NOR1HWE$ÆRI.Y RIGHT-Of-WAY OF GlADES CUf.oFf ~ NÐ 1HE WEST UNE OF SAID SECOON, tHENCE NORTH .w 43'30" fASf ALONG SAID RIGHT-Of-WAY 7B8.70 FEET TO 1HE POINf OF BEGINNING. 1HENCE CONI1N\JE JLONG SAID RIGHT-Of-WAY 239.37 FEET,tHENCE NOR1H 37" 03'16" WEST 663.16 FEET. tHENCE NOIirH 01" 56'00" WEST 357.33 FEET, '!HENCE SOUIH 88" 04'00" WEST 365.73 FEET TO 1HE WEST SECOON lH. tHENCE SOtßH 01" 56'00" fASf JLONG SAID SEC110N lINE 338.34 FEET, tHENCE NOR1H 8S- 04'00" fASf 198.00 FEET, tHENCE SOtßH 29" IT24" fASf 817.37 fEET TO 1HE I'OINT OF BEGINNING. (6.OS Aq (OR 1221-9S5) (Tax I.D. NO. 4221-332-0011-(0011). (location: 21430 GladeS CUI-Off Road) 2. CHARlES A. WHITE, for Preliminary and Anal Planned UnIt Developmenf approval lor IhØ pro ecIlcnown as PIne Summlt- PIJD, and for a Change. In zoning from the RM-6 (Residential, Multiple-family - 5 dulaae); CO (CommerCIal, Office), and CG (Commercial, General) ZonIng 0IsfIIcfs to the PIJD (Planned UnII Devetopmenl . PIn8 SurM1II) ZorìIng. Distrtct for the foftowlng descIIbed property: . A PARCEl OF lAND LWIG IN SEC110N 22 .. 23. TOWNSHIP 36 SOUIH. RANGE 40 fASf NÐ BEING MORE PAR11CtIlARI.Y DESCRIBED AS FOlLOWS: - - COMMENCE AT tHE NORJHWT CORNER OF SAID SEC,11ON 22: THENCE SOU1H 00" 08'00" WEST, JLONG 1HE fASf t.H ' OF SAID SECI10N 22. A·DfSI'ANCE OF 1162.76 fEET TO 11£ POINT OF BEGINNING: 1HENCE CON11NUE SOUIH 00" 08'00" WEST, ALONG tHE ··fASf UNE OF SAID SEC110N 22, A DISTANCE OF 455.46 FEET TO A CUlM CONCAVE TO 11£ NOR1HEAST, HAVING A RADIUS OF 1130.00 FEET: 1HENCE . SQU1HEASÆRI.Y, 1HROUGH ACENlRALNØ.E OF 36" &3'24". AN AAC DISTANCE OF 727.56 FEET TO A NON-TANGENf 1N1ERSEC11ON: tHENCE SOU1H OS" 03'43" WEST, A DfSI'ANCE . OF 67.18 FEET, tHENCE SOU1H 47" 15·56" WEST, A DISTANCE OF 115.13 ÆET TO A CUlM CONCAVE TO 1HE SOUIHEAST; HAVING A RADIUS OF 815.00 FEET, 1HENCE SQlßHWESŒRLY, THROUGH A CENIRAl ANGlE OF 14" 46'44", AN AAC DISTANCE OF 210.22 FEET TO A NON-TANGENf INTERSEC11ON; THENCE SOU1H 00" 08'00" WEST, A DISTANCE OF 319.BI FEET, 1HENCE NOR1H 89" 51'00" WESr. A DISTANCE OF 1134.90 ÆET: THENCE NORTH 27" 32'30" WESr' PARAlLEl WItH tHE EASr RIGHT-Of-WAYUNEOF U.S. HIGHWAY NO.1 (STA1ë ~ NO. 6), A DISTANCE OF 615.02 FEET: tHENCE NOR1H B9" 52'00" WEST. A DISTANCE OF 58.36 FEET: tHENCE NOR1H 00" 10'54" fASf. A DISTANCE OF 300.00 FEET: tHENCE NORTH 89" 52'tKr. WEST, A DlSrANCE OF 99.23 FEET; 1HENcE NORTH 2r 32'30' WEST, PARAI.LEl WItH SAID EAST RIGHT-Of-WAY lINE OF U.S. HIGHWAY NO.1, A DISTANCE OF 109.35 FEET: tHENCE NORTH 25" 26'45" WEST, A DISTANCE OF 809.21 FEET; TO A POINT ON tHE EAST UNE OF tHE WEST HALF OF THE NORTHWEST QUAR1ER OF tHE NORIHI:AST QUARŒR OF SAlO SEC110N 22; THENCE NOR1H 00' 10'54" EAST, ALONG SAID EAST UNE, A DISTANCE OF 1 B 1.00 FEET; THENCE NORTH B9" 50'24' WEST, pARAI..lEL WItH THE SOtßH UNE OF c....", \ I THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECl10N 22, A DISTANCE OF 459.7B FEET. TO A POINT ON THE EAST RIGHT-OF-WAY UNE OF SAID U.S. HIGHWAY NO.1. SAID EAST RIGHT-OF-WAY UNE BEING A CURVE CONCAVE TO THE EASr, HAVING A RADIUS OF 1 B32.0B FEET, A CENTRAl ANGLE OF OS' 51'25' A CHORD DISTANCE OF 1 B7.20 FEET, AND A CHORD BEARING OF NORTH 1 r 45'35" WEST; THENCE NORTHERlY ALONG 1HE AAC OF SAID CURVE ~D SAID EAST RIGHT-Of-WAY UN£. AN ARC DISTANCE OF 187.28 FEET TO 1HE WESTERly EN> OF A JOG IN SAID fASf RIGHT-Of-WAY lINE: tHENCE ' NORTH 75" 10'07" EAST, A DISTANCE OF 12.00 FEET TO THE EASTERLY END OF SAID JOG, SAID EASlERLY EtÐ OF SAID JOG BEING A POINT Of CURVAtURE OF A CUlM CONCAVE TO tHE EAST NÐ HAW«; A RADIUS OF IB20.08 FEET, A CENTRAL ANGlE OF 13" 55'17", A CHORD DISTANCE OF 441.15 ÆET NÐ A CHORD BEARING OF NORTH 07" 52'14" WEST: 1HENCE NORTHERLy ALONG tHE ARC OF SAID CUlM NÐ SAID EAST RIGHT-Of-WAY lINE, AN AAC DISTANCE OF 442.23 FEET. TO A POINf OF ~ WIIH A NON-RADIAL LM, A RADIAl. TO SAID POINT !EARS SOU1H 89" OS'24" WEST: tHENCE SOtßH 89" 52'00" EAST, PARAI!R WITH me NORtH LINE OF SEC110N 22, A DISTANCE OF 263.42 fEET; 1HENCE NORTH 00" OS'33" fASf, PARAI!R WItH tHE fASŒRLY RIGHT-OF-WAY UNE OF SAID US HIGHWAY NO, I, A DISTANCE OF 330.00 FEET, TO A POINT ON me SOU1H lINE OF tHE NORtH 120.00 FEET OF 1HE WEST HALF OF NORTHWEST QUARŒR OF 1HE NORIHEAST QUARŒR OF SECI10N 22; 1HENCE SOtßH 89" 62'00" EASr, ALONG tHE SOU1H LINE OF tHE NORtH 120.00 FEET OF THE WEST HALF Of me NQR11tWESf QUARŒR OF tHE NORTHEAST QUARŒR OF SAID SECOON 22, A DISTANCE OF 364.71 FEET, TO A POINT ON 1HE fASf LINE OF me WEST 60.00 ÆET OF tHE EAST IWf OF 1HE NOR1HWEST QUARŒR OF tHE NORTHEAST QUARŒR OF SAID SECI10N 22; THENCE SOU1H 00" la54" WEST, ALONG 1HE fASf UNE OF 1HE WEST 60.00 FEET OF 1HE fASf HALF OF tHE NORTHWEST QUARŒR OF tHE NOR1HEAST QUARŒR. A DISTANCE OF 700.00 FEET: tHENCE SOtßH .w 62'00" EAST, A DISTANCE OF 484.74 FEET TO 1HE SOUIH LINE OF lHE NOR1H 1162.76 FEET OF SAID SECTION 22; 1HENCE SOtßH 89" 62'00" fASf, ALONG SAID SOUIH LINE. A DISTANCE OF 278.00 FEET: 1HENCE SOtßH 00" 08'00" WEST, A DISTANCE OF 117.00 FEET; 1HENCE SOUIH 89" 52'00" fASf, A DISTANCE OF 270.00 FEET: 1HENCE NORtH 00" 08'00" fASf. A DISTANCE OF 117.00 FEET; 1HENCE SOtßH 89" 52'00" fASf, ALONG SAID SOtßH lH. A . DISTANCE OF 1026.93 FEET TO 1HE fASf UNE OF SAID SEC110N 22, RE11JRNING TO tHE POINT OF BEGINNING. SAID PARCEl CONTAINS 77.80 ACRES, MORE OR LESS. (Tax \.D. Nos. 3422-121-0002.QOO{1 and 3422·1~-OOOI4). (location: East IIde 01 South U.s. HIgIw«JV No. I, appIOICIrnateIy 500 feel South of the entrance to the VIsta st. lucie CondomInkmS) PUBUC HEARINGS win be held In the County Commission ChamberS. 3rd noor of the Roger PoItras Admlnlslfallon Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida on September 7,1999, beginning 017:00 P.M. or as soon lheteafler as possible. PURSUANT TO Section 286.01OS. Florida statutes, If a person decides to appeal any decision made by a board, agency, or cOfM1isslon with respect to any matter considered 01 a meeting or hearing, he will need a record of the proceedings, and thai, for such purposes, he may need to ensure Ihaf a verbatim record of the proceedings Is made, which record Includes the testimony and evIdenCe upon which the appeal Is to be based. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNlY. FLORIDA /SI PAULA A. LEWIS. CHAIRMAN Publish: August 26. 1999 -.- . b ; I\..( tv1L..-- ( , '-' (...." PLANNING AND ZONING COMMISSION REVIEW: 06/17/99 File Number SP-98-0501RZ-99-014 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT DATE: Planning and Zoning Commission Planning Manager d?'L June 9, 1999 TO: FROM: SUBJECT: Application of Charles A. White, for Preliminary Planned Unit Development approval for the Project Known as Pine Summit - PUD, and for a Change in Zoning from the RM-5 (Residential, Multiple-Family - 5 du/acre), CO (Commercial, Office), and CG (Commercial, General) Zoning Districts to the PUD (planned Unit Development - Pine Summit) Zoning District. LOCATION: East side of South: U.S. Highway-No.1, immediately south of- the Vista St. Lucie condominiums. EXISTING ZONING: RM-5 (Residential, Multiple-Family - 5 du/acre), CO (Commercial, Office), ~~ çq. ,<Co~erc~al, General) Zoning Districts ' PROPOSED ZONING: PUD (planned Unit Development - Pine Summit) FUTURE LAND USE: RU (Residential Urban) PARCEL SIZE: 77.80 acres PROPOSED USE: 174 Single-Family Lots and 42 Duplex Units for a total of 216 Units SURROUNDING ZONING: RM-9 (Residential, Multiple-Family - 9 du/acre) to the north. CO (Commercial, Office) and CG (Commercial, General) to the west. RM-5 (Residential, Multiple-Family - 5 du/acre) to the east SURROUNDING LAND USES: RM (Residential Medium) to the north, RU (Residential Urban) to the east, and COM (Commercial) to the west. c~ ('wi June 17, 1999 Page 2 Petition: Pine Summit - PUD File No: SP-98-050/RZ-99-014 FIREIEMS PROTECTION: Station #3 (250 West Prima Vista Boulevard) is located approximately 2 miles to the west. UTILITY SERVICE: Water and sewer service will be provided by Port St. Lucie Utilities. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way for U.S. Highway 1 is 100 feet. Additional right-of-way is not required as a result of this request. SCHEDULED IMPROVEMENTS: None at this time. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed rezoning is in conffict with any applicable portions of the St. Lucie County Land Development Code; The proposed rezoning is not in conflict with the St. Lucie County Land Development Code. The application for Preliminary Planned Unit Development approval has been reviewed for consistency with the provisions of the St. Lucie County Land Development Code and has been detennined to meet all applicable standards of review. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The applicant has demonstrated that the proposed amendment would be consistent with all elements of St. Lucie County Comprehensive Plan. This change in zoning >. ( "~ c..., June 17, 1999 Page 3 Petition: Pine Summit - PUD File No: SP-98-0501RZ-99-014 will, for example, allow the applicant to develop the subject property in a manner that encourages innovative use of land. This Planned Unit Development will result in a lesser density than that which would be allowed under current zoning. There are 174 single-family lots and 42 duplex units for a total of216 units. If the subject property were developed at its maximum residential density, 389 units would be possible. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed change in zoning and the accompanying Preliminary Planned Unit Development site plan have been determined to be consistent with the general land uses in the surrounding area. The Future Land Use Maps of the St. Lucie County Comprehensive Plan indicate that the petitioned property is suitable for development at a density of up to 5 dwelling units per gross acre. The proposed development indicates a gross density of2.78 units per acre. 4. , Whether there- have been changed con~itions that req~ire an amendment; . There are no changes that would 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 proposed site plan which is tied to this rezoning is expected to create additional demands on any public facilities in this area. Water and sewer service is available and will be provided by Port St. Lucie Utilities. In regard to access for the project, the only access to this site at the present is from a portion of property that fronts on South US Highway No.1, just to the north of Jolumy's Comer Restaurant (north of Rio Mar Drive). The indications on the project site plan of "Lennard Road" and "Prima Vista Boulevard" are for the planned extension of these roadways. In addressing this issue the petitioners have acknowledged the County's project schedules for these roadways and have indicated that they will be able to adequately access their property ftom US Highway No. 1 for a limited period oftime, with the ultimate plan being to utilize Prima Vista Boulevard!Lennard Road as the primary access point when it is constructed. The developers have further indicated through the traffic analysis submitted with this application that for this project to be developed, the Lennard RoadlPrima Vista connection must be completed. (,-, r , ...." June 17, 1999 Page 4 Petition: Pine Summit - PUD File No: SP-98-050/RZ-99-014 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. The applicant through the PUD (planned Unit Development) process, has proposed a development plan that provides for the protection of environmentally sensitive areas. The applicant will need to obtain all pennits relating to environmental impacts on the site prior to any construction taking place. These agencies include the Army Corps of Engineers (ACORE), South Florida Water Management District (SFWMD), and the Florida Game and Freshwater Fish Commission. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identüying any negative affects of such patterns; The proposed zoning designation would ~ult ~ an orderly and logical development pattern. The development is located in an area of proposed and existing subdivisions. - The project is located on the east side of South U.S. Highway No.1 and would meet the goals of tlie Eastward Ho! policies of the Treasure Coast Regional Planning Council (TCRPC), which encourages the location of new development to areas of existing development. Vista St. Lucie condominiums are located to the north. St. Lucie Oaks àpartments are located to the west across South U.S. Highway No. 1. There are also many single family homes in the area. 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. COMMENTS The applicant is proposing the development of a 216-Unit, Single-Family residential subdivision known as Pine Summit - PUD consisting of 174 Single-Family Lots and 42 Duplex Units. As a Planned Unit Development, the project proposes to develop the subject property with some flexibility, such as the establishing area and yard standards which are different from those required in standard zoning districts, and in the ability to cluster dwelling units to protect environmentally sensitive areas on site. The developer is thus able to reduce the environmental (,-, (~ June 17, 1999 Page 5 Petition: Pine Summit - PUD File No: SP-98-050/RZ-99-014 impacts on the property to a greater degree than with more conventional development. The proposed development will preseIVe 25.49 acres (32.76%) of existing wetlands on site. Section 7.01.03(1) of the St. Lucie County Land Development Code requires that 35% (27.23 acres) of the site must consist of open space, a minimum of 15% ( 4.08 acres) of which must be native upland habitat preseIVed in its natural condition. The planned development maintains 45.51 % of the project area in open space. Wetlands account for 25.49 acres (32.76%), the recreation tract is 2.00 acres (2.57%), Common Open Space is 2.69 acres(3.46%), and Native Upland is 5.23 acres (6.72%). The remainder of the project of 42.39 acres (54.49%) consists of those areas designated for residential development. The open space calculations do not include any front, side, or back yards. As staff has reviewed this submission, an issue has emerged that effects the ability of the petitioner to constmct this project. However, if this issue is properly addressed, it will not prohibit the development of this project. This issue is in regard to access to the project site. At present the only access to this site is from a portion of property that fronts on South US Highway No.1, just to the north of Johnny's Comer Restaµrant (north of Rio Mar Drive). The indications on the project site plan of "Lennard Road" and "Prima Vista Boulevard" are for the planned extension of these roadways. In addressing this issue the petitioners have acknowledged the County's project schedules for these roadways and have indicated that they will be able to adequately access their property from - US Highway No.1 for a limited period of time, with the ultimate plan being to utilize Prima Vista BoulevardlLennard Road as the primary access point when it is constmcted. The developers have further indicated through the traffic analysis submitted with this application that for this project to be developed, the Lennard Road/Prima Vista connection must be completed. Staffhas detennined that the proposed zoning designation and the Preliminary Planned Unit Development site plan is compatible with the existing and proposed uses in the area. This petition meets the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives and policies of the St. Lucie County Comprehensive Plan with the exception of the comment dealing with access. This development will be at a density below that which is pennitted by the existing zoning and Future Land Use Designation of this property. In considering any approval actions, staff recommends that the following special condition be included in any recommendation to the Board of County Commissioners: No building pennits are to be issued for any residential stmcture in Phase III, IV or V until such time as the Lennard Road/Prima Vista Boulevard is constructed from, at a minimum, the project entrance to South U.S. Highway No. 1 in accordance with the specifications and standards of St. Lucie County. (-'w' C'WI June 17, 1999 Page 6 Petition: Pine Summit - PUD File No: SP-98-0501RZ-99-014 Staff recommends that you fOlWard this petition to the Board of County Commissioners with a recommendation of approval, subject to the referenced conditions. Please contact this office if you have any questions on this matter. Attachment hf cc: Charles A. White Richard Ladyko, E.I. File C··,-, c 'l """ CHAPTER VII DEVELOÞMENT DESIGN AND IMPROVEMENT STANDARDS 7.00.00 GENERAL PROVISIONS 7.00.01 PURPOSE The purpose of ~his Chapter is to provide development design and improvement standards applicable to development activity in the unincorporated area of the County. 7.01.00 PLANNED UNIT DEVELOPMENT 7.01.01 PURPOSE The Planned Unit Development (PUD) District is intended to achieve residential land development of superior quality through the encouragement of flexibility and creativity in design options that: A. permit creative approaches to the development of residential land reflecting changes in the technology of land development; ,B. ·allow fort~e efficient use of lan<t, ~ich can result in smaller networks of utilities and streets and thereby lower development costs; C. allow design options that encourage an environment of stable character, compatible with surrounding land uses; and D. permit the enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities, and the provision of recreation areas and open space. 7.01.02 AUTHORizED USES A. PERMITTED USES Any permitted, conditional or accessory use in the Agricultural-1 (AG-1); Agricultural-2.5 (AG-2.5); Agricultural-5 (AG-5); ResidentiaVConservation in the Agricultural-1 (AG-1 ); Agricultural-2.5 (AG-2.5); Agricultural-5 (AG-5); ResidentiaVConservation (RC); Residential, Estate-1 (RE-1); Residential, Estate-2 (RE-2); Residential, Single-Family-2 (RS-2); Residential, Single-Family-3 (RS-3); Residential, Single-Family-4 (RS-4); Residential, Multiple-Family-5 (RM-5); Residential, Mobile Home- 5 (RMH-5); Residential, Multiple-Family-7 (RM-7); Residential, Multiple-Family-9 (RM-9); Residential, Multiple-Family-11 (RM-11); and Residential, Multiple-Family-15 (RM-15) zoning districts of this Code may be permitted in a Planned Unit Development District subject to complying with the residential densities described in Section 7.01.03(B). Adopted Àugust 1,1990 375 Revised Through 04115199 (\w.f c.~ Section 7.01.00 Planned Unit Development B. NONRESIDENTIAL DEVELOPMENT USES Uses of the types permitted in the Commercial, Neighborhood (CN) District are also permitted up to an amount not to exceed three (3) percent of the gross area of the Planned Unit Development or ten (10) acres, whichever is less. In addition, playgrounds, public and non-public parks, golf courses, country clubs, bicycle paths, racquet sports facilities, riding stables, marinas, clubhouses, and lodges may be permitted in a Planned Unit Development District. 7.01.03 STANDARDS AND REQUIREMENTS Standards and requirements for a Planned Unit Development shall be as follows: A. MINIMUM SIZE A Planned Unit Development shall be a minimum of five (5) contiguous acres of land under common ownership or control. B. DENSITY The maximum possible permitted density of a Planned Unit Development shall not exceed the density reflected in the Future Land Use Maps of the Comprehensive Plan. On North and South Hutchinson Island, the provisions of Section 3.01.03(AA)(S) shall govern. C. AREA, YARD, AND HEIGHT REQUIREMENTS Area, yard, and height requirements shall be determined at the time of Preliminary and Final Development Plan approval, except that for any structure on North or South Hutchinson Island that has not been occupied, constructèd, or has not received a building permit, site plan or other County development approval as a permitted use prior to January 10, 1995 the requirements of Section 4.01.00, Hutchinson Island - Building Height Overiay Zone shall apply. D. PUBLIC FACILITIES 1. The Planned Unit Development shall be designed and located so there will be no net public cost for the provision of water lines, sewage lines, stonn and surface drainage systems, and other utility systems. 2. The minimum size of all water mains used, or Intended for use, In fire protection activities is six (6") inches. Actual water main requirements will be determined by the S1. Lucie County- Ft. Pierce Fire Prevention Bureau. 3. The minimum size of all water mains used, or intended for use, in fire protection activities, that are located on a dead-end water main is eight (S") Inches. Actual water main requirements will be determined by the S1. Lucie County-F1. Pierce Fire Prevention Bureau. The maximum number of fire hydrants that may be located on any dead end water main is one (1). Adopted August 1, 1990 376 Revised Through 04/15/99 (~ r " "'wfII. Section 7,01.00 Planned Unit Development 4, Fire hydrants shall be provided at a minimum spacing of one every six hundred (600) feet unless otherwise approved by the St. Lucie County-FL Pierce Fire Prevention Bureau. E. TRAFFIC AND PEDESTRIAN CIRCULATION 1. Every dwelling unit. or other use pennitted in the Planned Unit Develop~~n.t shall have access to a public street either directly or through an approved private road, a pedestrian way. or other area dedicated to public or private use. 2. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movement and minimum hazards to vehicular or pedestrian traffic. Minor streets within the Planned Unit Development shall not be connected to streets outside the development so as to encourage their use by through traffic. 3. The proposed Planned Unit Development shall be designed so that it will not create traffic congestion on the arterial and collector roads surrounding the project. or such surrounding collector or arterial roads shall be Improved so that they will not be adversely affected. 4. All non-residentialland uses within the Planned Unit Development shall have direct access to a collector or arterial street without creating traffic hazards or congestion on any street. 5. Streets in a Planned Unit Development may be dedicated to public use or retained under private ownership. Said streets and associated improvements shall comply with all pertinent County regulations and ordinances, however, variations to the standard minimum right-of- way widths may be considered as part of the Planned Unit Development if it ìs shown to the satisfaction of the Board of County Commissioners. that the requested variation is consistent with the intent of the County's roadway construction standards and necessary for the design of the Planned Unit Development. 6. All roads and streets shall intersect at an approximate ±5° angle of ninety degrees (90°) unless circumstances acceptable to Sl Lucie County indicate a need for a lesser angle of intersection. 7. Street jogs or centerline offsets between any local street or road with another local street or road, shall be no less than one hundred fifty feet (150). 8. The intersection of any two local roads or streets with a Major Collector or Arterial Roadway shall be separated by a minimum distance of six hundred sixty feet (660), as measured from centerline to centerline. 9. Permanent dead-end streets shall not exceed one thousand feet (1000) in length. Cul-de-sacs shall be provided at the end of all dead end roads or streets greater than five hundred and one (501) feet in length. The length of a dead-end street shall be measured along the centerline of the street from the its point of perpendicular intersection with the centerline of intersecting street to the end of the dead-end street or roadway. All cul-de-sacs shall have a minimum right-of-way diameter of one hundred (100) feet. If the dead end roadway is five hundred (500) feet or less in length, a "Y" or "T" type of turn Adopted August 1, 1990 377 Revised Through 04/15199 ('-' (V.~ _ "'wIll Section 7.01.00 Planned Unit Development around may be approved. If a dead end street is temporary in nature then a temporary cul-de-sac shall be required until the roadway is connected to another street or road. In the center of the cul-de-sac an unpaved island, surrounded by a curb, im~r9vBd with grass and landscaping that will not interfere with sight distance, may be provided. Center islands shall have a diameter of not less than seventeen (17) feet, unless otherwise approved through the review of the Planned Unit Development. 10. All roadways, exclusive of interior parking and access aisles areas, regardless of ownership, shall be located a minimum of ten (10) feet from any exterior building walls, except for security gate houses or similar security structures located in a private street or road right-of- way. 11. Any pedestrian circulation system and its related walkways shall be insulated from the vehicular street system. This shall include, when deemed to be necessary by the Board of County Commissioners, pedestrian underpasses or overpasses in the vicinity of playgrounds and other recreation areas, local shopping areas, and other neighborhood uses which generate a considerable amount of pedestrian traffic. 12. Access points on all collector or arterial streets serving a Planned Unit Development shall be located and spaced so that traffic moving into and out of the arterial streets do not cause traffic congestion. . F. PARKING AND LOADING 1. General Provisions a. The number, type, and location of parking spaces shall be determined at the time of final Planned Unit Development plan approval. The determination of the number of . spaces required shall be based on Section 7.06.01 (F) of this Code. The number of parking spaces required by this section may be reduced based on substantial competent evidence that the reduced number of spaces is adequate for the proposed use or that parking may be shared by proximate uses that operate at different times or on different days. b. Reserved parking spaces may be provided, in lieu of paved spaces, subject to Section 7.06.02(C) of this Code. 2. Off Street Parking and Loading Off-street parking and loading requirements are governed by Sections 7.06.02 and 7.06.03 of this Code, and the following standards: a. Off-street parking and loading areas shall be designed to provide travelways between adjacent uses while discouraging through traffic. Adopted August 1, 1990 378 Revised Through 04/15/99 (,-, c.., Section 7.01.00 Planned Unit Development b. Off-street parking and loading areas shall be screened from adjacent roads and pedestrian walkways with hedges. dense planting, or changes in grades or walls. 3. On Street Parking In Planned Unit Developments, on street parking may be used so long as tt!~ read on which the on-street parking is proposed lies entirely within the limits of the defined Planned Unit Development and such parking would not contravene any other provision of this Code or the St. Lucie County Code of Ordinances. Where such on street parking and loading is used, it shall be consistent with the following design standards: a. The minimum size of a parking stall shall be as follows: parallel angled handicapped(parallel) handicapped(angled) 8 feet X 23 feet 10 feet X 18 feet 12 feet X 23 feet 12 feet X 18 feet b. Handicapped parking spaces shall be appropriately marked. c. Access for emergency fire vehicles shall be in accordance with NFPA standards. d. No more than fifteen (15) parking spaces shall be permitted in a continuous row without being interrupted by a minimum, landscape area of 360 square feet. G. LIGHTING All lighting facilities shall be arranged in such a manner so as to prevent direct glare or hazardous interference of any kind to adjoining streets or properties. H. LANDSCAPING AND NATURAL FEATURES ~ . Native trees and vegetation and other natural features shall be preserved to the extent practicable. 2. All sensitive environmental vegetation, trees and areas shall be preserved to the extent practicable. 3. Landscaping for off-street parking and loading areas shall meet the minimum requirements of Section 7.09.00. I. OPEN SPACE STANDARDS 1. A minimum of thirty-five (35) percent of the gross area of land to be committed to a Planned Unit Development must be for use as common open space, which may include, parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common open space, common landscaping and planting areas, or other areas of public purpos~ or use other than street, road or drainage rights-of-way, above ground utilities, Adopted August 1,1990 319 Revised Through 04115/99 (~ ("""" Section 7.01.00 Planned Unit Development excluding stonnwater treatment facilities. and parking areas. A minimum of 15 percent of any existing native upland habitat on the property, must be preserved in its natural condition as part of the required 35 percent common open space, For each acre of preserved native habitat above the required minimum 15 percent that is preserved in its original state, credit shall be given at a rate of 150 percentper acre towards the remaining common open space requirement. All areas to be dedicated for common open space shall be identified as part of the Preliminary Deve10pment Plan for the Planned Unit Development. Areas that are floodways; lakes, wetlands, and stonnwater retention areas may be applied to satisfy the total common open space requirement. subject to the requirement that 15% of any existing native habitat on the property must be included as part of the required 35% common open space. As part of the Final Planned Unit Development submission process, the developer or petitioner for the Planned Unit Development shall provide for one of the following: a. The advance dedication of all common open space to a public, or acceptable private, agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. All such dedications or conveyances shall be completed prior to the issuance of any building permits, including land clearing, for any portion of the Planned Unit Development ;or. b. A phased conveyance of the land to a public or acceptable private agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have-been placed on it. The schedule for tRe phased conveyance of any such lands to be used for common open space shall be a specific condition of approval for the Planned Unit Development. 2. No parcel of land identified for use as a park or common open space shall be less than one (1) contiguous acre, and all such areas shall be physically part of the Planned .Unit Devel- opment. . .. . . . - . 3. Areas provided or reserved to meet any other environmental preservation or protection requirements of this code or other lawful regulatory authority may be counted towards the overall common open space requirement, provided that the common open space meets the requirements of this Code. J. SETBACKS FROM AGRICULTURAL LAND Planned Unit Developments adjacent to land used for agricultural purposes, or designated for agricultural use on the Future Land Use Map of the St. Lucie County Comprehensive Plan, shall provide setbacks from the agricultural land sufficient to protect the function and operation of those uses from the encroachment of Urban activities or uses. K. PHASING 1. A Planned Unit Development may be developed in more than one stage or phase. Adopted August 1. 1990 380 Revised Through 04/15/99 (- ".'-' ('wi Section 7.01.00 Planned Unit Development 2. If a Final Development Site Plan approved by the Board of County Commissioners is to be developed in stages or phases, each successive phase shall be constructed and developed in a reasonably continuous fashion. No more than two (2) years shall elapse between the completion of any stage or phase, and the final stage or phase shall be completed within ten (10) years of the date of Final Development Site Plan approval. Extensions of the above requirements are subject to approval by the Board of County Commisªjaners. Unless otherwise amended by the Board of County Commissioners through the Final"Oevelopment Site Plan review process, the following sequence of development must be adhered to: a. One or more major recreation facilities and other major amenities, planned to serve the entire development, shall be completed or adequate security posted prior to the issuance of building or mobile home pennits of more than forty (40) percent. or other percentage as detennined by the Board to be appropriate based on circumstances that Include the size of the project and the proposed phasing schedule, of the total number of authorized dwelling units. Recreation facilities or facilities and other amenities planned to serve one (1) phase of a multi-phased development shall be completed or appropriate security posted prior to Issuance of buÍlding or mobile home pennits or the recording of any final plat within that phase. b. No commercial facility shall be pennitted prior to the completion of at least forty (40) percent of the total number of authorized dwelling units; and, c. 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[X] SUBJECT: Request for Rezoning of Proper located at 6870 Andrews Avenue from the RS-2 (Residential, Single-Family 2 du/acre) zoning District to the RM-9 (Residential, Multiple-Family 9 du/acre) Zoning District Draft Resolution 99-191 cD-\l Director TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Development BACKGROUND: Petition of Paul Joseph Dupont, for a Change in Zoning from the RS-2 (Residential, Single-Family - 2 du/acre) zoning District to the RM-9 (Residential, Multiple-Family - 9 du/acre) zoning District. The stated purpose of the rezoning is to allow for an increase in residential development potential for the subj ect property_ (File No.: RZ-99-022) FUNDS AVAILABLE: N/A PREVIOUS ACTION: The Planning and Zoning Commission, by a vote of 6 to 3 (Commissioner Trias, Commissioner Dreyer and Commissioner Grande were the three dissenting votes), recommended approval of the change in zoning from the RS-2 (Residential, Single-Family 2 du/acre) to the RM-9 (Residential, Multiple-Family - 9 du/acre) at its September 16, 1999, meeting. RECOMMENDATION: Deny Draft Resolution 99-191 changing the zoning from the RS-2 (Residential, Single-Family 2 du/acre) zoning District to the RM-9 (Residential, Multiple-Family - 9 du/acre) Zoning District for property located at 6870 Andrews Avenue. Approve a modified Draft Resolution 99-191 changing the zon~ng from the RS-2 (Residential, Single-Family 2 du/acre) Zoning District to the RM-5 (Residential, Multiple-Family - 5 du/acre) zoning District for property located at 6870 Andrews Avenue. s M. Anderson y Administrator COMMISSION ACTION: [X] APPROVED DENIED [ ] OTHER: Approved 4-1 (Coward) County Attorney: ~. Review and Approvals Management _ Budget: Purchasing: Originating Department: Other, Other, Finance, (Check for Copy only, if applicable) ,.. '-" "wi COUNTY COMMISSION REVIEW: October 19,1999 Resolution 99-191 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT Date: Subject: Board of County Commissioners Community Development Director October 12, 1999 Petition of Paul Joseph Dupont, for a Change in Zoning from the RS-2 (Residential, Single-Family - 2 du/acres) Zoning District to the RM-9 (Residential, Multiple-Family - 9 du/acre) Zoning District. (File No.: RZ-99-022) To: From: The proposed rezoning of property located at 6870 Andrews A venue from the RS-2 (Residential, Single-Family - 2 du/acre) Zoning District to the RM-9 (Residential, Multiple-Family - 9 dulacre) Zoning District is to allow for an increase in the residential density for development on the subject property . At the September 16, 1999~ public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 6 to 3, recommended approval of this petition as set forth in Draft Resolution 99-191. 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. Yet, the proposed RM-9 (Residential, Multiple-Family - 9 du/acre) Zoning District is inconsistent with the low density of the surrounding properties. Therefore, Staff recommends the denial of this petition for a change in zoning from the RS-2 (Residential, Single-Family - 2 du/acre) Zoning District to the RM-9 (Residential, Multiple-Family - 9 du/acre) Zoning District as set forth in Draft Resolution 99-191. Staff recommends approval of a modified Draft Resolution 99-191, changing the zoning from the RS-2 (Residential, Single-Family - 2 du/acre) to the RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning District. This density is more compatible with the surrounding properties. SUBMITTED: -j)~ lia Shewchuk, AICP ommunity Development Director cs cc: Paul Joseph Dupont 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 ~ ...., RESOLUTION 99-191 FILE NO.: RZ-99-022 A RESOLUTION APPROVING A CHANGE IN ZONING FROM THE RS-2 (RESIDENTIAL, SI.NGLE- FAMILY - 2 DU/ACRE) ZONING DISTRICTTO THE RM-9 (RESIDENTIAL, MUL TIPLE-FAMII.V-9 DU/ACRE) ZONING DISTRICT OF CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners ofSt.l..u.ci7,Rounty, Florida, based on the testimony and evidence including, but not limited tothe»stª'ff report, has made the following determinations: 1. Paul Joseph Dupont, preseoted a petition for a chal1ge in zoning from the RS-2 (Residential, Single-Family..2'du./ªcre> Zoning District to the RM-9 (Residential, Multiple-Family -9dw/!aGre> Zoning District for the property described below. 2. On September 16,1999, theSt. 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 recommendedthat.tt)e Board of County Commissioners approve the hereafter describecfirequest for a change in zoning from the RS-2 (Residential, Single..;Family - 2 du/acre> Zoning District to the RM-9 (Residential, Multiple-Family - 9 du/acre> Zoning District for the property described below. 3. On October 19, 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. Final Resolution 99-191 Page 1 File No.: RZ-99-022 October 19. 1999 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 '-" '-fÍ 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: Section 24, Township 35 South, Range 39 East, south 1/2 of southwest114 of southeast 114 of northwest 114 -less west 80 feet east 160 feet of north 125 feet of south·150feet of the south % of southwest 114 of southeast 114 of the northwest 114 and less south 15 feet. (4.90 acres) (OR 730-1691,1020-426, 1026-1139) and, Section 25, Township 35 South, Range 39 East, west 80)feet of east 160 feet of the north 125 feet of south 150 feet of south 1/2 of the southwest 114 of the southeast 114 of northwest 1/4. (0.23 acres) (OR 225-2258) (Tax ID#'S: 2324-243-0002-000/2 and 2324..243-O003-O00/9) (Location: 6870 Andrews Avenue) Containing 5.13 Acres. owned by Paul Joseph Dupont,iis hereby changed from the RS-2 (Residential, Single-Family - 2.du/acre) Zoning District to the RM-9 (Residential, Multiple-Family - 9 du/acre)Zöning District. B. TheSt. Lucie CöuntyCommunity Development Director is hereby authorized anddirectèd to cause<thechange to be made on the Official Zoning Map of St. LucieCötJnty, Florida, and to make notation of reference to the date of adoptionofthisresolution. After motion and second, the vote on this resolution was as follows: Chairman Paula A. Lewis XXX Vice-Chairman John D. Bruhn XXX Commissioner Frannie Hutchinson XXX Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX File No.: RZ-99-Q22 October 19. 1999 Final Resolution 99-191 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 ~ 'wi PASSED AND DULY ADOPTED This 19th Day of October 1999. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: County Attorney Deputy Clerk cs H:\Wp\Rezoning\Oupont\resolution.wpd File No.: RZ-99-022 October 19. 1999 Final Resolution 99-191 Page 3 '-' ....., ~ Z <II E ~ " '" c ~ '" " <II ~ +-' C\J E ,., C ",,'" ~ 0 C\J ~ c . 0 " 0 ~ 0.. > .- .. I " ~ ~ :J Q CI < 0) E ~ 0 ,.,,- 0 0) ~ 0 0 Ï i: ë "- ~ ~ ;>- :: . :J N E (J "- 0 CU E:<: "- (", 0 a: o "" :I 0- 0 u CI ci '- \ (", ... '\ 0 " 0 '\ :! III ... III .... ... a: .... ~ Z ::) 0 ~ Ü Z ::) 0 Q't'OU ]NI' ]~U Ü a: ~ i . æ I ... III = Z tD : ... i= .... .. I tD a: II: .... « ~ II: ~ ëS ~ ~ ... .... ~ ... III i ~ ... .... II: II: s .., 1 S 5' 1 S " 1 , ~ A..lNn08 3380H833>tO '-- 'w1I Zoning Paul Dupont RS-2 - ,,' ..' ..' ~. ..' ..' .. . ..'" .."" ..'" ..... .."" .. - . .. .- .. .' .. .- .. .- .. ." .. .. .. ," .. ,.... ., .. .. ,. -, " · ." .." ." ." .... . .......: ....: .-.: "".: .-.: ....: .. .. ," .. ," ~;::. .:.:;.:(:: :;Y Ft.:. ¡:~i 6~. -¿ tÿ- Ljm¡i~~ ~.:' :.: ~..:' :.:~.:' :.:~.:' :.: ~,:R' . .: . :' : ':1' :' :.:~.:' :.: ~ :.: ~":':.: ~":' :.: :'~' :.: ~.~. :.: ~":' ~.: ~'~. :.: ~.~. :.: ~.~. :.: .. ,.. .. ._ .. ._ .. ,_ .. .. .....,....,-.. .. .. II .. II " .. .. ~ : : .: ~ : : ..: ~ : : ..: ~ : :..:: : : ..: - : : ..: ~ : : ..: ~ : :..: ~ . .. .: ....: ....: ....: ." .: ....: ....: . ~ .: .:. ..' ..' .., .. ". -. ". ". ". ". -. .. .. .. .. . . . . . . . . :...,,:...,,:..,':..'..:..,-:..'..:...-:.. . .- .. ." .. ." .. " " " .. ,- .. .- .. .- .. ." .. .., II II .. ... II 'I I' I: ,-.: .....: ,-.: .-..: .-.: .".: '-.: ," . . . . ' · (::( ::( ::.( ::~:~<f~~2~L:: . >:. ~: ~..:. ~: ~.:. ~: ~,:. ~: :..:. ~: :..:. ~: ~..:. ~ :\~'~. .. ,- .. .- .. · " " II .. ., 'I ... . .. .: '''.: .." .: ....: ....: ....: ..:.. '..:" '..: .. ." .. ." .. · " " . . . . . . . .... .....:.....:.....:...-:...-:.....:... .. .. .. ." ' .' ' " ~ " " " , . " " -0 o o 0::: , " ' " . " ' " .. ,." .. , ~ .. ,.. .. ,.. " " ., '. ., '" " " " " " " " " " " " ,: ,..,: ,..,: " ': ,.,: ,.,: .,,: ~ ~ ,: ...,: , , . , , ,..,' ,'.. : ' ,'.. : ' ,', : ~:' : ~:,. : ..' ..' '. " " ., , ~ . , ~ ' ,. .. ,.. .. ,.. ., " ., ., , , , , . . , , , , , , , .:"'~:"'.: ~'.:"'.:"''':''.:''~: ~, : '..: ~',:",,,:"'~:"'.: RZ 99-022 V / / L1 This pattern indicates subject parcel. I:. : -. ~_:. :'. / : -, ~':,I This pattern indicates City of Ft. Pierce. Community Development t Geographic Information Systems Map revised August 19, 1999 __",_"""""",,,,___..c -_odf· YihIe fIIIelI/ IIftort tw been IMde to pn:Mde .. moll c:t.nR Md KCUIIIII N InIormaIion poatit,'iI noIlnIønded Jof ~ .. . Iegatt binI:Ing ~ '-'" .."",I Land Use Paul Dupont MXD Crossroads ....., .. ." .... , ..,'" . .. '" . ...."" " ".'" " ..:. , .. : .:.: .:.: . ~ ..: .:,,: .:,,: :.:"....:..:.: .. ....".. ....".. .." ." ..., ." .. " ." ..., ." ....".. .... . .. .. : .. .."" : .. ..... : .. ..'" : .. :" : .. ..'.. : .. :" . ..:.. . .. :.. :: ~ : : : ~ : : :: : : : ~ : : : ~ : : : ~ : : : ~ : : : ~: ' ~:~- :.: > :.: ~:;' :.: ~:;- :.: ::;' :.: ::;' ~.: > ~ ~::t ~.::- :i:~-~ ~ è- : :éf Úr- tf~:¡ f5 :~: ~ :- : .: ~ :- : .: ~ :' : .: ~ :' C'G' : .: ~ :' : .: ~ :' : .: ~ :: :'~' : : ~":' : : :-~- : : :":- : : :":' : : :-~' : : :'~' : : :":' : : :....: . :H.: ' :".: . :",,: . : '.: .: ':. :".: . :"".. ,,: .. " :..,.. " :......., :..,...... :",......, :H, ...., :'.,...., :",.. ", :",.... .. : ..:" : ....'" : .. :.. : .. ..'" : .. ..'.. : ....'.. : .. ..'" : .. : .. ..' ..' ..' ..' ". ".. ".. ... "" .. .. .. .. _. .. .. I' .., .., : ,,:.: .:.: .:,,: .:.: .:,,: .:.: .:.: .:,,: .. : .. ,'" : ....'.. : .. .... : ....'" : .. .:" . .. ..'.. : ".:" : ".:" ., ., .. .. ., .. ." .. ,.. .. ." .. ." .. ." "" " "" '" '" _. I' ., .. ,.. .. ," .. ,.. " " ." .. ..' ...." . - . ...." ..... ..... ..... , "" "" ". .. .. .. .. .. . . . ". . .. "..... ",# ~~# ~~# ~~. ~~. ~~ - ~::::: \f.: .....:.:: .: ..; fÇ~0~: ## ., ## .., #.. ... #, ... : ..:.: ..:..: ..:..: ..: .: ':,: ,:.: ,:.: ,:.: : - ." : -:' : ~~" : .. :. : ..: ~ : "~'" : .. : ~ : .. ~' .. .# ##....., #.. ... ..# : .....: .-..: '-.: .. -.: '-.: ...,: ''',: ,...... # # # # ... .. ... .. #, ... . ..." - #: # - .: . - ,: '-,: '''.: '''.: . ~ ,- - . . - ~ .. .. # .. .. ~. -0 o o 0::: .. .. '" .. '" ...... .....,..,........ : ..:..: ..:..: ......: ..:..: . '" ..:..:..:" : ..: ..:..: .: #: ..: ..: ..:.: ..:..: .:.: ..:..: . :"~''': ~~'" : ...... : - ,,:.. : . ..... : . :.. : .. ~... : ~ ~'" : ~ ..... : ~ ..' - : "~'.. .. ... .. ... ...... .....,..,.... ~ ~... ~ #~ ...~ ~..~ ....~ ....~ . .- - ." - ." - ." ~.~ ~ ." '" ... #.. " " " '. . # . ., ....' ~.." ~.." ~.., ~~'-:~.-: ..: ....:......:..#..:......:~.....~..........: RZ 99-022 V / /,¿1 This pattern indicates subject parcel. ¡:_ :', ~_:_ :'. ~,:, :"_ ~':_I This pattern indicates City of Ft. Pierce. Community Development t Geographic Information Systems Map revised August 19. 1999 _ _ ... _ ....- ""gonoroIpIotri1g ond ___ _ trt(. WhIt fMIl'/ eftart_ been mIIdI " pI'tIMde.. moItCUlW'lln ICCI.oOItII N Homwdon poutie, It. not inIended 101.... . . Ieg8IIy binding doc:umIft. '-'" ..., PUBLIC HEARING PAUL DUPONT FILE NO. RZ-99-022 Ms. Cyndi Snay presented staff comments. Ms. Snay stated that she was presenting the petition of Paul Dupont for a Change in Zoning from the RS-2 (Residential, Single-Family - 2 du/acre) Zoning District to the RM-9 (Residential, Multiple-Family - 9 du/acre) Zoning District for 5.13 acres ofland located at 6870 Andrews Avenue. Ms. Snay stated that the subject property is an enclave of unincorporated S1. Lucie County, which is surrounded on all four sides by the City of Fort Pierce. Ms. Snay stated that the applicants request is consistent with the S1. Lucie County Land Development Code and the S1. Lucie County Comprehensive Plan. Ms. Snay stated that the applicants request will not be consistent with the surrounding properties. North and West Residential Uses - Fort Pierce Zoning 2 du/acre and Land Use RS-2 South and East Outlet Mall and Rainforest Golf and Fort Pierce Commercial Zoning and Entertainment Complex C3 Land Uses . Ms. Snay stated that although the MXD-Crossroads land use designation allows for RM zoning designations, as a transitional use the RM-9 (Residential, Multiple-Family - 9 du/acre) zoning district appears to be excessive and will have a negative impact on the surrounding property. Ms. Snay stated that staffis of the opinion that the RM-5 (Residential, Multiple-Family - 5 du/acre) is a more appropriate zoning designation. This zoning district will provide for a transitional use from the more intense commercial uses to the south and east, yet will provide less of an impact on the existing residential properties. Ms. Snay stated that the applicants petition is not expected to create additional demands on the public facilities within the area. Prior to additional development, the applicant will be required to ensure adequate central services are provided for this site as well as provide improvements to Andrews Avenue. Ms. Snay stated that the applicants petition will ensure a logical and orderly development pattern within the subject area. Ms. Snay stated that based upon the incompatibility of the RM-9 (Residential, Multiple-Family - 9 du/acre) Zoning District, staff recommends denial of the applicants request to rezone the subject property. Planning & Zoning Commissionl Local Planning Agency September 16,1999 Page 6 '-' ......, Ms. Snay stated that staff does recommend approval of a rezoning of the subject property from the RS-2 (Residential, Single-Family - 2 du/acre) Zoning District to the RM-5 (Residential, Multiple- Family - 5 du/acre) as this density is the least intensive of the Residential Medium zoning district and will provide less of an impact on the existing residential communities. Chainnan Wesloski asked Ms. Snay if Andrews Avenue is dirt. Ms. Snay stated that Andrews Avenue is an unimproved right-of-way. Chainnan Wesloski asked if there were any questions for Ms. Snay. Mr. McCurdy asked Ms. Snay why staffhas chosen 5 du/acre versus 9 duJacre. He stated that he can see where there is a transitional quantity involved, but how can staff say that 9 du/acre will impact the adjacent property owners more than 5 du/acre. Ms. Snay stated that staffwas of the opinion that the existing residential portions to the south and to the west are developed at 2 du/acre, 9 du/acre would have more of an impact on what is already developed, 5 du/acre would bring less of an impact and still provide the transition from the high commercial. Mr. McCurdy asked Ms. Snay if any of the other adjacent properties are developed to the maximum of 2 du/acre.- . Ms. Snay stated that she is not sure. Mr. Kelly stated that there are scattered homes. Chainnan Wesloski asked Ms. Snay why this parcel has not been annexed by the City. Ms. Snay stated that staff suggested annexation to Mr. Dupont and he chose not to annex. Chainnan Wesloski asked Ms. Snay ifthe property has City water and sewer will it be annexed in the future. Ms. Snay stated that it will eventually be annexed. She stated that it does not presently have City water and sewer, it is adjacent to the site. Chainnan Wesloski stated that the drawing provided by Mr. Dupont shows City water and sewer. Ms. Snay stated that City water and sewer covers a portion ofthe area, but it is not on the site. Chainnan Wesloski stated the if the County were to issue permits to build, Mr. Dupont would have to use the City water and sewer. Planning & Zoning Commission! Local Planning Agency September 16, 1999 Page 7 '-" ....", Ms. Snay stated that when Mr. Dupont develops he will have to bring City water and sewer into the property. Chairman Wesloski stated that he will then be annexed. Ms. Snay stated yes. Chairman Wesloski asked Mr. Lancaster if there are any legal issues ofthe enclave. Mr. Lancaster stated that legally it appears to be an enclave within the limits of City and typically it is up to City whether they want to annex the parcel. Mr. Grande asked Mr. Trias if annexation agreements are required for utility use. Mr. Trias stated yes. Ms. Dreyer asked Mr. Flores if Mr. Dupont were to develop this parcel at the 9 du/acre would he be required to connect to City water and sewer. Mr. Flores stated that Mr. Dupont would need to show that City water is available. Ms. Dreyer asked Mr. Flores what impact does the County's decision as to zoning have on this property should it subsequently be annexed into the City. Mr. Flores stated that when a property is annexed, the City tries to provide a compatible zoning. Mr. Trias stated that Mr. Flores is correct. He stated that he has some concerns about the reasoning behind this request at this point, given the fact it is an enclave, and any type of development would require an annexation agreement. He stated that he does not understand what the purpose is and he would like to have some more input from staff. Mr. Kelly stated that when Mr. Dupont came in he expressed a desire to stay in the unincorporated area of the County and go through the rezoning process. Staff attempted to encourage Mr. Dupont to look at annexation into the City. He didn't particularly wish to do that. He indicated that he had spoken with Wendy Clark, at the City, and the response was you can be annexed, and then go through the rezoning process, there was not a real discussion of what the possibilities were. Mr. Kelly stated that he subsequently called and spoke to Wendy about this and her response was simply ifhe wants to he can be annexed and then we will talk about it. He stated that Mr. Dupont chose to apply within the County and as a parcel in the unincorporated County, staff believed that was his right to do and subsequently we are here this evening. Mr. Trias stated that to clarify the procedure, when annexation is requested, a zoning designation is assigned at that time, so there is no need to go through a rezoning per se, you get whatever zoning Planning & Zoning Commission/ Local Planning Agency September 16, 1999 Page 8 '-- ....." you request within the City, as long as it is something reasonable. Mr. Kelly stated that to the extent that our zoning classifications are similar, they are certainly not one to one. He stated that the City and the County do not have identical zoning classifications. He stated that if this parcel were to remain RS-2 and go into the City, it would go in with the most similar designation, and the City has a Single-Family - 2 duJacre designation. Mr. Trias stated not necessarily. It would go in with the designation that makes sense to the applicant and to the City, not necessarily exactly what is there now, because there are plenty of designations. Mr. Kelly asked Mr. Trias if the City could bring this in as a multi-family designation. Mr. Trias stated that it would be discussed during the process. It can happen. Mr. Kelly stated that Mr. Dupont did not understand that could happen, or that there were discussions that would let him know that, and subsequently he wished to go through with the County. Mr. Lounds asked Ms. Snay what is the density of Motel 6. Ms. Snay stated that she did not check the density. Mr. Lounds asked Ms. Snay if the density is higher than 9 duJacre. Mr. Kelly stated that he believes that it is higher than 9 duJacre. Mr. Lounds asked Mr. Trias what is the area classified to the north of the RS-2 parcel. Mr. Trias stated Commercial. Chairman Wesloski asked if there were any further questions for Ms. Snay. Chairman Wesloski asked if the applicant was present and would like to address the Board. Mr. Paul Dupont, 6870 Andrews Avenue, Fort Pierce, addressed the Board. Mr. Dupont stated that he is the owner of the property in question. He stated that he talked to Wendy Clark who told him that if he went into the City, the City would adopt a similar zoning as the County, whatever that might be, and once in the City he could apply for a zoning change. Mr. Dupont stated that there are nine units already on the property. He stated that the first unit was built in the 20's, the last unit was completed in 1979 and sometime after that the County designated the property as 2 duJacre. He stated that with 2 duJacre and four acres of property you would only be able to build one more unit, maybe. He stated that he basically has property that he can't do Planning & Zoning Commissionl Local Planning Agency September 16. 1999 Page 9 '-" "" anything with, he can't sell the property, he can't develop the property, the only thing he can do is pay taxes on the property. Mr. Dupont stated that he went to the City and talked to Wendy. He came back to the County and decided since he was already in the County, to just apply in the County and get the zoning changed to a higher density, because he couldn't do anything with the property the way it was, he just wanted to make the property useful. Mr. Dupont stated that he had the property on the market, potential buyers would go to Zoning and find out you are only allowed 2 duJacre and there are already nine units, so they can't build anymore, they wouldn't want to buy the property. He stated that he would like the zoning change to make the property usable, as residential property. He stated that he is not hooked up to water and sewer, but it is available. Chainnan Wesloski asked if there were any questions for Mr. Dupont. Mr. McCurdy asked Mr. Dupont why he applied for RM-9 and not RM-5. Mr. Dupont stated that he was told that would make the best use of the property and he believes the St. Lucie County Comprehensive Plan states that he could go to a medium density, which is 9. Mr. McCurdy asked Mr. Dupont ifRM-5 would suit his purpose. Mr. Dupont stated that it would certainly help, it would make the land usable. Mr. Merritt asked Mr. Dupont what are his intentions with the property ifhe is approved for RM-9. Mr. Dupont stated that he would probably sell the property. Mr. Merritt asked Mr. Trias what the zoning is to the south of Andrews Avenue. Mr. Trias stated C3. Chainnan Wesloski asked Mr. Trias what C3 means. Mr. Trias stated General Commercial. Mr. Merritt asked Mr. Trias if a truck stop would be allowed in C3. Mr. Trias stated yes. Mr. Merritt stated that he does not believes 9 duJacre would hurt with C3 across the street. Mr. Grande asked Mr. Dupont ifhe is looking at being annexed and then selling, or is he looking Planning & Zoning Commission! Local Planning Agency September 16, 1999 Page 10 '--' "'-"" at selling and let somebody else make the annexation. Mr. Dupont stated that he is looking at selling and let somebody else do the annexation, but the way the property is now, he can't do that. Mr. Grande asked Mr. Dupont if this went to RM-5 he would have the ability to build about 15 additional units which certainly would make it attractive. Mr. Dupont stated yes. Mr. Grande stated that it appears RM-5 would meet the needs of Mr. Dupont and the concerns of staff. Mr. Dupont stated that RM-5 would help him sell the property. Mr. Grande stated that staff has worked out an excellent proposal and he would be inclined to support RM -5. Ms. Dreyer stated that she believes this is really a difficult piece of property, she can certainly see some reasons to eliminate the residential land use all together, however that request is not before this Board. She really believes this piece of property ought to be regulated by the City, whether the County changes it to RM-9 or RM-5, she suspects in order to develop the property, Mr. Dupont will need to connect with water and sewer. Mr. Dupont stated that he would assume in order to build on the property water and sewer would need to be connected. Ms. Dreyer stated that she would not be able to support RM-9 because of the adjacent RS-2land use. She stated that the RS-2 does not seem to be very compatible with the commercial zoning to the east and south and the existing uses. She stated that she would probably reluctantly support RM-5. Mr. Matthes asked Mr. Dupont what is the length of the property along Andrews Avenue. Mr. Dupont stated that he believes it is 660 ft. Mr. Matthes asked Mr. Flores if any type of development will require the pavement of Andrews Avenue and if so, will it be across the entire front or just to the entrance. Mr. Flores stated the entire length of the property. Mr. Matthes stated that the impact to develop this property will include utilities and the pavement at $110 - $120 a linear foot. Mr. Dupont stated that a portion of Andrews Avenue is already paved. Planning & Zoning Commission! Local Planning Agency September 16, 1999 Page 11 ....., """'" Mr. Matthes asked Mr. Dupont how far. Mr. Dupont stated from Crossroads Parkway up to his property line. He stated that City water and sewer comes in from Peters Road and up to the second building (6740-6742). Mr. Dupont stated that page 4, paragraph 5, of the staff report, states "The subject property is currently developed with one single-family residential home and two duplex units." He stated that it should read "The subject property is currently developed with one single-family residential home and four duplex units." Mr. Matthes stated that this would require at least extending the pavement of Andrews Avenue all the way to the other side of Mr. Dupont's property, 660 feet at approximately $110 - $120 a linear foot. Chairman Wesloski stated that would be approximately $66,000. Mr. Matthes stated yes. Mr. Lounds asked Mr. Flores if this Board rezones Mr. Dupont's property to RM-5 if the owners of the RS-2 parcel to the north and to the northeast could come in and rezone to RM-5. Mr. Flores stated yes. Mr. Lounds stated that he does not have a problem with RM-9. Mr. Trias stated that he does not have a problem with the request in terms of the concept and use. He stated that he sees a huge problem with the process that we are following. He stated that he believes that whole area is not very orderly developed because we have followed a process like the one being used tonight, with the land then being annexed into the City. Mr. Trias stated that he has had a chance to talk to some of the adjacent property owners about what they want to do with their property with industrial and commercial in the immediate area. He stated that there is a huge problem with infrastructure, with the lack of access into the different parcels, and also some problems with the uses that are allowed. Mr. Trias stated that he believes this is what happens when a County starts to behave like a City, in approving developments, and those areas then become parts of Cities. The result is there is a big mess. He stated that he believes the best thing to do in this case would be to annex into the City because any type of development would require an annexation into the City. He stated that he cannot support any type of rezoning based on the process, it does not mean that he disagrees with the proposed use or the density, rezoning at this point will probably create more problems than it would solve. Mr. Grande stated that he understands Mr. Trias' points. He believes the Board is missing Mr. Planning & Zoning Commission/ Local Planning Agency September 16, 1999 Page 12 '- ...." Dupont's point in that he is not looking to develop the property himself, he is l?oking to sell the property, and he is before this Board asking to make his property more attractIve to sell, not to develop. Mr. Grande asked Mr. Trias when Mr. Dupont and/or the new owner goes through the annexation process the resulting zoning will be part of the annexation process. Mr. Trias stated yes. Mr. Grande asked Mr. Trias if this Board were to allow the RM-5 now to give Mr. Dupont an advantage in selling the property as opposed to developing it, would he have a problem with the RM-5. Mr. Trias stated that he has a problem anytime there is a rezoning proposed which does not result in development. He believes the idea of the zoning process is to try to create development and growth. He stated that to use that tool for pure speculation may be a way to weaken the process. Mr. Grande asked Mr. Trias ifhis suggestion is to ask Mr. Dupont to go through the annexation process prior to attempting to sell the property. Mr. Trias stated yes, or at the same time. Mr. Merritt asked Mr. Flores what is allowed in the MXD-Crossroads land use. Mr. Flores stated that is designated for commercial and residential up to 9 du/acre which could include CG (Commercial, General), CN (Commercial, Neighborhood), CO (Commercial, Office), RM-5, RM-7, and RM-9. Mr. Merritt asked Mr. Flores with the MXD-Crossroads land use designation you could have commercial use in the area above Mr. Dupont and also on his property. Mr. Flores stated yes. Mr. Merritt asked Mr. Flores if Mr. Dupont could come in and request a commercial zoning on his property. Mr. Flores stated yes. Chairman Wesloski stated that Mr. Dupont would be allowed to add sixteen units at a minimum cost of $66,000. She stated that she does not believe the RM-5 is beneficial to Mr. Dupont for the costs involved nor will it help him sell the property. She stated that she believes he needs the RM-9 to make it cost effective. - Mr. Dupont stated that RM-5 would be better than what he has, although he requested RM-9. Planning & Zoning Commission! Local Planning Agency . September 16, 1999 Page 13 '- ....", Chainnan Wesloski stated that she agrees with Mr. Merritt and would be inclined to go with the RM-9. She stated that in some respect the County, because of the enclave, should have received comments from the City. Mr. Flores stated that staff recommended to Mr. Dupont that he annex into the City, he chose not too, and staff is simply honoring his request to have a public hearing. Mr. Dupont stated that he spoke with the City. He understood that if he went into the City they would adopt a similar zoning to the County, and then once in the City he could apply for another zoning. He figured since he was County, he may as well go County, and ifthe new buyer wants to go City, they can go City. Chainnan Wesloski asked if there were any further questions for Mr. Dupont. Mr. Grande asked Mr. Matthes if the infrastructure costs would be less than $4,000 a unit. Mr. Matthes stated that at RM-5 it would be between $2,400 - $4,000 a unit, for the road. He stated that it would be approximately $120,00 for water and sewer, depending on how far it would need to be run. Mr. Grande stated that RM-9 would be great. RM-5 is not very practical for development and a new buyer would roughly have the same view of infrastructure costs coming into this piece of property. Chainnan Wesloski asked if there were any further questions for Mr. Dupont. At this time, Chainnan Wesloski opened the public portion of the hearing. Chainnan Wesloski asked if there was anyone 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 Wesloski closed the public portion of the hearing. Chainnan Wesloski asked what would be the pleasure of the Board. After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in Section 11.06.03, St. Lucie County Land Development Code, Mr. Lounds moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Paul Joseph Dupont, for a Change in Zoning from the RS-2 (Residential, Single-Family - 2 du/acre) Zoning District to the RM-9 (Residential, Multiple-Family - 9 du/acre) Zoning District because he believes it is well within Mr. Dupont's land use designation, it adds value to the property and the property in the area. Mr. McCurdy seconded the motion. Planning & Zoning Commission! Local Planning Agency September 16, 1999 Page 14 '- ....." Chairman W esloski asked if there was any discussion. Mr. Grande stated that he would not be able to support the motion because of the impact on the surrounding residential properties. Ms. Dreyer stated that she would not be able to support the motion because of the surrounding RS-2 Fort Pierce land use and zoning designation. She stated that she also has a lot of concern about dropping an RM-9 district into the City, when the applicant has a reasonable means of pursuing something that might be even more appropriate outside of residential, through the annexation process with the City. Mr. Merritt stated that he would like to point out that there is very little residential in the area. He stated that this area has a mixed land use designation and he does not believe there will be a lot of residential in the future. Chairman Wesloski stated that within 500 feet there were two. Ms. Dreyer stated that was her point. She is not sure that residential is really the appropriate use for this property. She believes this should be addressed by the City since they surround this entire piece of property, and not by the County. She stated that Mr. Dupont is in the County and he is entitled to ask for a zoning district that is compatible. She stated that she will support RM-5, but not RM-9 for the reasons she has enumerated. Upon roll call, the motion was approved 6-3, with Mr. Grande, Mr. Trias and Ms. Dreyer voting against the motion. Chairman Wesloski stated that the petition would be forwarded to the Board of County Commissioners with a recommendation of approval to the RM-9 (Residential, Multiple-Family - 9 du/acre) Zoning District. Planning & Zoning Commission/ Local Planning Agency September 16, 1999 Page 15 '-' ~ AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, OCTOBER 19, 1999 7:00 P.M. Petition of Paul Dupont,for a Change in Zoningfrom the RS-2 (Residential, Single-Family- 2 du/acre) Zoning District to the RM-9 (Residential, Multiple-Family - 9 du/acre) Zoning District for the following described property: (Location: 6870 Andrews Avenue) THE PROPERTY'S LEGAL DESCRIPTION IS A VAILABLE UPON REQUEST If it becomes necessary, these pubÎic 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 October 7, 1999. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on October 7, 1999. FILE NO. RZ-99-022 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA OCTOBER 19, 1999 TO WHOM IT MAY CONCERN: NOTICE is hereby given in accordance with Section 11 .00.03 of the 51. Lucie County Land Devel- opment Code and in accordance with the provisions of the 51. Lucie County Comprehensive .Plan, that the following appliCants have requested that the St. Lucie (ounty Board of County Commission.ers consider their request as lollows: 1. PAUL DUPONT, lor a Change in Zoning from the RS-2 (Residential, Single-Family - 2 du/aae) Zoning District to the RM-9 (Residential, Multiple-Family - 9 du/acre) Zon- ing District lor the lollowing described property: Section 24, Township 35 South, Range 39 East, the south 'h 01 the southwest V. 01 the southeast Y. 0 the northwest V. - less the west 80 leet 01 the east 160 leet of the north 125 leet 01 the south 150 leet 01 the south 'h 01 the southwest Y. 01 the southeast y, 01 the northwest V. and less the south 15 leet (4.90 AC) (OR 730-1691:1020- 426:1026-1139) (Tax 1.0. No. 2324-243-0002-000/2). Section 24, Township 35 South, Range 39 East, the west 80 leet of the east 160.leet 01 the north 125 feet of the south 1 50 leei 01 the south 'h of the southwest V. of southeast y, of the northwest 't. ! (0.23 AC) (OR 225-2258) Tax 1.0. No. 2324-243-0003:000/9). (Location: 6870 Andrews Avenue) 2. DOMINICK R. LlOCE, for a Change In Zoning from the PUD (Planned Unit Development) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District for the following desaibed property: Section 22, Township 36 South, Range 41 East, a tract of land with a south line of 5767.86 leetnorth- erly of the south line of Section 27 and the north line is 6323.7 4 feet northerly of the south line of Sec- , tion 27 and bounded on the west by the Indian River and bounded on the east by the west line of A 1 A right-of-way as in DBK 219-163 (4.25 AC) (OR 979-B24:828) (Tax I.D. No. 3522-342-0001.000/0). (Location: West side of South State Road A-l-A, adjacent to the south property line of the South Hutchin- son Island Water Reclamation Facility) 3~ PIPPIN TRACTOR, for a Change ili Zoning from the AR- t (Agricul. turol, Residential - 1 du/acre) Zon· ing District to the CG (Commercial, General) Zoning District lor the fol- lowing desaibed property: All that certain tract of parcel of land lying, being and situated in Section 25, Township 34 South, Range 39 East, St. Lucie County, Florida and this tract being mare particularly described as follows: '- ....." Commencing at the southwest cor- ner of Section 25, Township 34 South, Range 39 East; thence North 00°06'48" East, along the west line of said Section 25, a distance of 2655.28 feet to a point; thence North 89°43'39" East, a distance of 70.98 leet to 0 point in the eost right-of-way line of Kings High- way; thence North 00°01'15" East, 30.00 feet along the east right-of- way of Kings Highway, and the Point of Beginning of the herein described tract of land; thence North 00°01' 1 5" East, along the east right-of-way line of said Kings Highway, a distance 01 224.85 feet to a point; thence North 89°46'12" East, 0 distance 01 624.89 feet to a point; thence South 00°01'15" West, a distance of 224.38 feet to a point; thence South 89°43'39" West, 0 distance of 624.90 feet to the Point 01 Beginning and containing 3.22 aaes of land, more or less. (Part of Tax I.D. No. 1325-233-0000-000/7). (Location: East side of Kings High- way, approximately 'h mile north of SI. Lucie Boulevard) 4. REAL STONE & GRANITE COR- PORATION, for a Conditional Use Permit to allow stone cutting in the IL (Industrial, light) Zoning District far the following described property: Section 34, Township 35 South, Range 40 East, Keflem's Subdivi- sion, fr"", the southeast corner of Lot 9, run West 265 leet to the Point 01 Beginning¡ thence continue West 199.9 leel; thence North 330 leet; thence East 174.9 leet; thence South 150 leeI; thence East 25 leet; thence South 180 leet to the Paint 01 Beginning - less the North 12 leet as in OR 384-196 (1.38 AC) (OR 748-2407, 2408} (Tax I.D. Na. 2434-601-0036-000/5). (Location: 427 South Market Avenue) PUBLIC HEARINGS will be held . in the County Commission Chambeo-s, 3rd IIoar of the Roger Poitras Administration Annex Build- ing, 2300 Virginia Avenue, Fort Pierce, Florida on October 19, 1999, beginning at 7:00 P oM. or as soon thereafter as possible. Anyone with a disability requir- ing accommodation to aIIend this meeting should contact the SI. Lucie County Community Services Man- ager at 561/462-1777 or TDD 561/462-1428 at least forty-eight (48) hours prior to the meeting. PURSUANT TO Section 286.0105, Florida StaMes, if a person decides to a~ peal any deci- sion made by a· boord, agency, or commission with respect to any mailer considered at a meeting or hearing, he will need a record of the proceedings, and that, lor such purposes, he may need to ensure that a verbatim record of the pro- ceedings is made, which record I includes the testimony and evi- dence upon which the appeal is to be based. BOARD Of COUNTY I COMMISSIONERS ST. LUCIE COUNTY, flORIDA. /5/ PAULA A. LEWIS, CHAIRMAN íL. h\JS Pub.: Oct. 7, 1999 '-' .....", No. 7357 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA OCTOBER 19, 1999 TO WHOM IT MAY CONCERN: NOTICE is hereby given in accordance with Section 11.00.03 of the 51. Lucie County Land Development Code and in accordance with the provisions of the SI. Lucie County Comprehensive Plan Ihat the following applicants have . requested that the St. Lucie County Board of County . Commissioners consider their following request as follows: 1. PAUL DUPONT, for a Change in Zoning from the RS-2 (Residential. Single-Family - 2 du/acre) Zoning District fo the RM-9 (Residential. Multiple-Family - 9 du/acre) Zoning District for the following described property: SECTION 24. TOWNSHIP 35 SOUTH. RANGE 39 EAST, THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 114 OF THE NORTHWEST 1/4 - LESS THE WEST 80 FEET OF THE EAST 160 FEET OF THE NORTH 125 FEET OF THE SOUTH 150 FEET OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 AND l£SS THE SOUTH 15 FEET (4.9OAC) (OR 730-1691:1020-426:1026-1139) (TAX 1.0. NO. 2324-243-0002-000/2). SECTION 24, TOWNSHIP 35 SOUTH, RANGE 39 EAST, THE WEST 80 FEET OF THE EAST 160 FEET OF THE NORTH 125 FEET OF THE SOUTH 150 FEET OF THE SOUTH 112 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 114 (0.23 AC) (OR 225-2258) (TAX 1.0. NO. 2324-243-QOO3-Q00f9). (Location: 6870 Andrews Avenue) 4. REAl. STONE a; GRANm: CORPORATION, for a Conditional Use Permit to allow stone cutting In the IL (industrial, Ught) Zoning District for the following described property: SECTION 34, TOWNSHIP 35 SOUTH. RANGE 40 EAST, KELLEM'S SUBDMSION, FROM THE SOUTHEAST CORNER OF LOT 9. RUN WEST 265 FEET TO THE POIN1: OF BEGINNING. THENCE CONTINUE WEST 199.9 FEET; THENCE NORTH 330 FEET. THENCE EAST 174.9 FEET. THENCE SOUTH 150 FEET. THENCE EAST 25 FEET, THENCE SOUTH 180 FEET TO THE POINT OF BEGINNING - LESS THE NORTH 12 FEET AS IN OR 384- 196 (1.38 AC (OR 748-2407. 2408) (TAX 1.0. NO. 2434-601-0036-000/5). (Location: 427 South Mari<et Avenue) PUBlIC HEARINGS wilt be held In the Counly Commission ChamberS, 3rd floor of the Roger PoItras Administration Annex Building, 2300 Virginia Avenue. Fort PIerce, Florida on October J9, 1999, beginning at 7:00 P.M. or as soon thereafter as possible. - . : 2.- DOMINICK R. UOCE. for a Change In Zoning from the PUD (Planned Unit Development) Zoning Dlsfrlct to the HlRD (Hutchinson Island Residential Dlsfrlct) Zoning DIsfrIct for the- following described property: SECTION 22, TOWNSHIP 36 SOUTH. RANGE 41 EASt A tRACT OF lAND WITH A SOUTH UNE OF 5767.86 FEET NORTHERLY OF THE SOUTH LINE OF SECTION 27 AND THE NORTH UNE IS 6323.74 FEET NORTHERLY OF THE SOUTH UNE OF SECTION 27 AND BOUNDED ON THE WEST BY THE INDIAN RMR AND BOUNDED ON THE EAST BY THE WEST UNE OF AlA RIGHT-OF·WAY AS IN DBK. 219-163 (4.25 AC) (OR 979-B24:B2B) (TAX 1.0. NO. 3522-342-0001-000lO). Anyone with a dlsabilily requiring accommodation to ~ttend this meeting should contact the SI. lucie Counly çommunlty Services Manager at 5611462-1777 or TOO 5611462-1428 at least forty-elght (48) hours prior to the meeting. (Location: West side of South State Road A-l-A. adjacent to the south property line of the South Hutchinson Island Wafer Reclamation Faclilfy 3. PIPPIN TRACTOR. for a Change In ZonIng from the M-l (Agricultural, Residential - 1 du/acre) Zoning DIstrIct to the CG (Commercial, GeneraQ Zoning Dlsfrlctfor the following described property: AlL THAT CERTAIN TRACT OF PARCEL OF lA/IÐ LYING. BEING AND SITUATED IN SECTION 25, TOWNSHIP 34 SOUTH. RANGE 39 EAST, ST. LUCIE COUNty FLORIDA AND THIS TRACT BEING MORE PARTICUlARLY DESCRIBED AS FOUOWS: COMMENCING AT THE $OIJTHIÑEST CORNER OF SECOON 25. TOWNSHIP 34 SOUTH, RANGE 39 EAST; THENCE NORTH 00" 06'48" EAST, AlONG THE WEST UNE OF SAID SECTION 25, A DISTANCE OF 2655.28 FEET TO A POINT; THENCE NORTH 89" 43'39' EAST, A DISTANCE OF 70.98 FEET TO A POINT IN THE EAST RIGHT-OF-WAY LINE OF KINGS HIGHWAY; THENCE NORTH 00" 01'15' eAST, 30.00 FEET AlONG THE EAST RIGHT-OF-WAY OF SAID KINGS HIGHWAY, AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED tRACT OF lAND: THENCE NORTH 00· 01'15' EAST, AlONG THE EAST RIGHT-Of-WAY LINE OF SAID KINGS HIGHWAY, A DISTANCE OF 224.85 FEET TO A POINT; THENCE NORTH 89" 46'12" EAST. A DISTANCE OF 624.89 FEET TO A POINT; THENCE SOUTH 00· 01'15" WEST, A DISTANCE OF 224.38 FEET TO A POINT; " THENCE SOUTH 89" 43'39" WEST, A DISTANCE OF 624.90 FEET TO THE POINT OF 8EGINNING AND CONTAINING 3.22 ACRES Of lAND, MORE OR LESS. (PART OF TAX 1.0. NO. 1325-233-0000-000/7). (Location: East side of KIngs Highway, approximately 112 mile north of SI. Lucie Boulevard) PURSUANl'TO Section 286.01 OS, Florida Statutes, If a person decides to appeal onv decision made by a board, agency. ·or commission with respect to any matter considered at a meeting or hearing, he will need a record of !he proceedings. and that, for such purposes. he may need to ensure Ihaf a verbatim record of the proceedings 1$ made, which record Includes the testimony and evidenCe upon which the appeal Is to be based. BOARD OF COUN1Y COMMISSIONERS ST. LUCIE COUN1Y, FlORIDA IS! PAULA A. lEWIS, CHAIRMAN Publish: OCtober 7, 1999 1/l-i I}¡,~ TO: FROM: DATE: SUBJECT: LOCATION: EXISTING ZONING: PROPOSED ZONING: FUTURE LAND USE: PARCEL SIZE: PROPOSED USE: PERMITTED USES: '-' "wI'I PLANNING AND ZONING COMMISSION REVIEW: 09/16/99 File Number RZ-99-022 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT Planning and Zoning Commission Planning Manager ~ September 8, 1999 Application of Paul Joseph Dupont, for a Change in Zoning from the RS-2 (Residential, Single-Family - 2 du/acre) Zoning District to the RM-9 (Residential, Multiple-Family - 9 du/acre) Zoning District. 6870 Andrews Avenue (Tax ID #'s: 2324-243-0002-000/2 and 2324-243-0003-000/9) RS-2 (Residential, Single-Family - 2 dulacre) RM-9 (Residential, Multiple-Family - 9 dulacre) MXD-CROSSROADS 5.13 acres Single-family residential housing units and multi-family apartment units Section 3.01.03(T), RM-9 (Residential, Multiple-Family - 9 du/acre) Zoning District identifies the designated uses which are permitted by right, permitted as an accessory use, or permitted through the conditional use process in the "RM-9" (Residential, Multiple-Family - 9 dulacre) Zoning District. Any use designated as a "Conditional Use"is required to undergo further review and approval before that use may be commenced on the property. Any use not identified in the zoning district regulations are considered to be prohibited uses in that district (see Attachment" A"). '-' September 8, 1999 Page 2 SURROUNDING ZONING: SURROUNDING LAND USES: FIREIEMS PROTECTION: UTILITY SERVICE: TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: SCHEDULED IMPROVEMENTS: TYPE OF CONCURRENCY DOCUMENT REQUIRED: ~ Petition: Paul Joseph Dupont Rezoning File RZ-99-022 City of Ft. Pierce R2 (Single-Family Intermediate density zoning) to the north and west; City of Ft. Pierce, C3 (General Commercial Zone) to the south and east. The existing uses in this area are commercial to the south and east (Outlet Center and Cactus Flower Amusements) and residential to the north and west. The Future Land Use Classifications of the immediate surrounding area is Commercial to the south and east and Residential to the north and west. Station #1 (2400 Rhode Island Avenue), is located approximately 2 miles to the east. Water and sewer services are provided on site. Andrews Avenue is an unimproved dirt right-of-way with a proposed width of 45 feet. Peters Road has an existing right-of-way width of 100 feet. Prior to additional development, Andrews A venue would require improvements. Concurrency Deferral Affidavit. '-' ,.." September 8, 1999 Page 3 Petition: Paul Joseph Dupont Rezoning File RZ-99-022 STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The applicant is requesting a change in zoning from the RS-2 (Residential, Single-Family- 2 du/acre) Zoning District to the RM-9 (Residential, Multiple-Family - 9 dulacre) Zoning District. The proposed rezoning is consistent with the St. Lucie County Land Development Code. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The applicant is requesting a change in zoning from the RS-2 (Residential, Single-Family - 2 dulacre) Zoning District to the RM-9 (Residential, Multiple-Family - 9 dulacre) Zoning District. The area in which the subject property is located is designated MXD- CROSSROADS on the future land use map of the County's Comprehensive Plan. Policy 1. 1. 7.4 states: " Mixed Use activity areas shall be developed as indicated in the following sub area Mixed Use activity areas plans as depicted in Figure I-lOa thru 1- lOj. " According to Figure I-lOg, the subject property is located in area designated as COMIRES 9. This area is restricted to those uses that would be equivalent to the COM (Commercial) and RM (Residential Medium) land use designations. The proposed change in zoning is consistent with all elements of the St. Lucie County Comprehensive Plan. The MXD-CROSSROADS Land Use and its sub area as shown on Figure I-lOg requires a CG (Commercial General) or RM (Residential Multiple-Family) Zoning District. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; '-' "will September 8, 1999 Page 4 Petition: Paul Joseph Dupont Rezoning File RZ-99-022 The proposed zoning is not consistent with existing and proposed land uses in the area. The immediate residential areas have a lower density than nine du/acre. The general use of the immediate surrounding area of the subject property is as follows: Surrounding Use Land Use Zoning North Single-Family Residential Ft. Pierce RS-2 Ft. Pierce RS-2 South Outlet Mall (now Vacant) Ft. Pierce C3 Ft. Pierce Commercial East Rainforest Golf and Entertainment Complex Ft. Pierce C3 Ft. Pierce Commercial West Single-Family Residential Ft. Pierce RS-2 Ft. Pierce RS-2 The area under consideration is designated for RM (Residential Multiple-Family) densities. As a transition area, the RM-9 (Residential, Multiple-Family - 9 du/acre) Zoning District appears to be excessive for the proposed area, due to the residential districts within the City of Ft. Pierce having a maximum density of two du/acre. A more appropriate density would be the RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning District. This Zoning District would allow for an increaseJn density, yet, it would not negatively impact the less dense residential properties to the nQ~ and west. 4. Whether there have been changed conditions that require an amendment; The development of the Outlet Mall abutting the subject property to the south and the commercial uses developed to the west have changed the character of the surrounding area. This property would be ideally utilized as a transitional use from the heavier commercial areas to the less dense residential areas. 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, sçhools, solid waste, mass transit, and emergency medical facilities; The rezoning of the property is not expected to create significant additional demands on any public facilities in this area. The subject property is currently developed with one single-family residential home and two duplex units (four residential units). The applicant is proposing to construct an additional apartment complex to the rear (north) of the individual single-family and duplex lots. Prior to the approval of any expansion to the property, the applicant will be required to provide documentation verifying that sufficient facilities are in place to support the new development. This documentation will require that central water and sewer service be provided. '-" . ...., September 8, 1999 Page 5 Petition: Paul Joseph Dupont Rezoning File RZ-99-022 In addition, prior to additional development occurring on the subject property, improvements including paving of a portion of Andrews A venue. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. The applicant will be required to comply with all federal, state, and local environmental regulations. The site does not contain any known unique or threatened habitat. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; An orderly and logical development pattern will occur with this change in zoning. The surrounding parcels to the south and east of the subject property are commercial in nature. The properties to the north and west of the subject property are low density residential in nature. The incrèase of denSity on the parcels wili, in fact, provide a nëcessary transitional use between the commercial and low density residential developments. The Comprehensive Plan identifies the area under consideration with a MXD-CROSSROADS land use and further requires either a Commercial General or Residential Multiple-family Zoning classification. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The petitioner. Paul Joseph Dupont, has requested this change in zoning from the RS-2 (Residential, Single-Family - 2 du/acre) Zoning District to the RM-9 (Residential Multiple-Family _ 9 du/acre) Zoning District in order to permit additional density on the 5-acre site. This site is currently developed as one single-family residential unit and two duplex multiple-family units (4 residential units). The rezoning is necessary in order for additional multiple-family residences to occur on this site. The subject property is appropriate for development as a transitional use from the commercial development to the south and east to the less dense residential development to the north and west. The subject property is in an area designated within the Comprehensive Plan for more intensive Commercial and Residential Uses. '-' ......, September 8, 1999 Page 6 Petition: Paul Joseph Dupont Rezoning File RZ-99-022 Based upon the surrounding residential development patterns, the RM-9 (Residential, Multiple- Family - 9 du/acre) Zoning District would be too dense. Therefore, the RM-5 (Residential, Multiple-Family - 5 dulacre) would be more appropriate as a transitional use from the Commercial to the low dense residential development. Staff has reviewed this petition and determined that it generally conforms with the standards of review as set forth in the St. Lucie County Land Development Code and does not conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. The proposal, at 9 dulacre, far exceeds the densities of those adjacent lands in the City of Ft. Pierce. These properties are zoned for a maximum of 2 dulacre. Based upon this inconsistency with the density found in the surrounding area, staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of denial for the applicant's request to rezone the subject property from RS-2 (Residential, Single-Family - 2 du/acre) to RM-9 (Residential, Multiple-Family - 9 du/acre). Staff recommends approval of a change in zoning classification from the RS-2 (Residential, Single- Family - 2 du/acre) to RM-5 (Residential, Multiple-Family - ? dulacre) Zoning District. Please contact this office if you have any questions on this matter. Attachment cs cc; Paul Joseph Dupont File '-' """" Section 3.01.03 Zoning District Use Regulations L. RM-5 RESIDENTIAL. MULTIPLE-FAMILY - 5 1. Purpose The purpose of this district is to provide and protect an environment suitable for single-family, two-family, three-family, and multiple-family dwellings at a maximum density of five (5) dwelling units per gross acre, together with such other uses as may be necessary for and compatible with low and medium density residential surroundings. The number in wOw following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Community residential homes subject to the provisions of Section 7.10.07. (999) b. Family day care homes. (999) c. Family residential homes provided that such homes shall not be located within a radius of one thousand (1000) feet of another existing such family residential home and provided that the sponsoring agency or the Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) d. Multiple-family dwellings (3 or more units) (999) e. Single-family detached dwellings. (999) f. Two-family dwellings. (999) 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking Requirements Off-street parking requirements shall be in accordance with Section 7.06.00. 6. Landscaping Requirements Landscaping requirements shall be in accordance with Section 7.09.00. 7. Conditional Uses' a. Family residential homes located within a radius of one thousand (1000) feet of another such family residential home. (999) b. Telecommunication towers - subject to the standards of Section 7.10.23 (999) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00. Adopted August 1, 1990 109 Revised Through04115199 '-"' ....", Section 3.01.03 Zoning District Use Regulations N. RM-9 RESIDENTIAL. MULTIPLE-FAMILY - 9 1 . Purpose The purpose of this district is to provide and protect an environment suitable for single-family, two-family, three- family, and multiple-family dwellings at a maximum density of nine (9) dwelling units per gross acre, together with such other uses as may be necessary for and compatible with low and medium density residential surroundings. The number in "0" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Community residential homes subject to the provisions of Section 7.10.07 of this Code. (999) b. Family day care homes. (999) c. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or the Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) d. Multiple-family dwellings (3 or more units) (999) e. Single-family detached dwellings. (999) f. Two-family dwellings. (999) 3. Lot Size Requirements - Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. . 5. Off-street Parking Requirements Off-street parking requirements shall be in accordance with Section 7.06.00. 6. Landscaping Requirements Landscaping requirements shall be in accordance with Section 7.09.00. . 7. Conditional Uses - a. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) b. Telecommunication towers - subject to the standards of Section 7.10.23 (999) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00. Adopted August 1, 1990 111 Revised Through04/15/99 .. :1 <! I I II !! Ii !Í ii Š 'I Q,I . .... ;¡ ~ !i ¡;.., 1100 'I '" iJ = 11·9 II~ II e a.. í"s 1= !I~ n·~ ,,'·1-= :Q. II f II CI) 'I Q 1.·..1" .... I I g 'I.... Q. :1 = = I.IQ,I ~ Ie IQ.= l¡oS œ ,!Q,I ~ ,~ 'I· Q,I "'" L~ "s o !làM Iii; S ,. = I II e ~ i.l~ ~ ¡U "'" '.... Q '·1 Q "'" ¡......, ....... II = .~ I Q,I ..:¡ I e CI) I 1:: = ! œ:= : Q..... : Q,I œ II~ ~ L::::;';> II II ~I 'I ¡: II II~I j JI II ~i I i II~ I >-' :. IIU) I ~ ~I~ i ~E-<m U)oU) I: p:: ! U) ~ p:: æ 0 .'" o'::C<"l~U);?j I ~ Z18:>< ~ ::> ¡;;a I"'" «'<"I 0 ø.. U) U) II'C ' 0, \0 ~ - 0 \0 !~Ir-- <"I o'<t 0 0\ !~~ ~:^~ ø.. ~ ~I;:!¡ ¡ , ¡I I~ II i~ II I: 1: I ,. (l , !M 'Q,I Ie .. œ :z . II Ii 1\ Ii II L 1:..04 II Q,I Ie lœ IZ iU II~ ~ , i~ ~ I 0 i~ ;?j :::E i~:> U) I~ ~ ~ ~ ~ ....I~ ~ 0 æ ~ ,...¡¡< ~ p:f:::E < ~¡z 0 ~ 0 ::3 ø.. i::> æ iE ::c ~ E-<.¡~ p:: Ü :;¡! ~ 51~ ~ ~ êl~ !31< < ~ Ë5 0 o¡¡"::CU)U)::: I ¡"", IQ,I i~ Ie ,= Iz '~ IÞ-C ,~ j!~ <"I "''<t 00 o'<t ....... ....... ......... ....... .......... ........ 000000 000000 000000 I I . I I I <"1<"1"'-00 000000 000000 000000 ~ ~ Ñ ~ ~IIÑ ~..qo.......q-('t")("f') <"1<"1<"1<"1<"1<"1 , I . I I . '<t'<t'<t'<t'<t'<t N <"I <"I <"I <"1.<"1 <"1<"1 <"1<"1 N <"IN ~ ...., I~ 15 12 I¡¡.," 1ë5 :::j I // .".- ~ENDA REQUEST IT~ NO. 5C DATE: 10/19/99 CONSENT REGULAR PUBLIC HEARING [ X ] Leg. [] Quasi -Jud. [X] Community Development PRESENTED BY: · ~cl!J- '\\~ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: SUBJECT: Request for Rezoning of Property located on the east side of Kings Highway, approximately ~ mile north of St. Lucie Boulevard from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District - Draft Resolution 99-024 BACKGROUND: Petition of Pippin Tractor for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District. The stated-purpose of the rezoning is to allow for the construction of a retail tractor sales and service facili ty. (File No.: RZ-99-016) FUNDS AVAILABLE: N/A PREVIOUS ACTION: The Planning and Zoning Commission, by a vote of 9 to 0, recommended approval of the rezoning at its September 16, 1999, meeting. RECOMMENDATION: Approve Draft Resolution 99-024 changing the zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District for property located on the east side of Kings Highway, approximately ~ mile north of St. Lucie Boulevard. [X ] [ ] APPROVED OTHER: DENIED s M. Anderson y Administrator COMMISSION ACTION: County Attorney: ;îV Review and ~provals Management & Budget: Other: Purchasing: Originating Department: Finance: (Check for Copy only. if applicable) Other: .... - ~ '-" ....., COUNTY COMMISSION REVIEW: October 19,1999 Resolution 99-024 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT From: Date: Subject: Board of County Commissioners Community Development Director October 12, 1999 Petition of Pippin Tractor, for a Change in Zoning from the AR-l (Agricultural, Residential- 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District. (File No.: RZ-99-016) To: The proposed rezoning of property located on the east side of Kings Highway, approximately V2 mile north of St. Lucie Boulevard from the AR-l (Agricultural, Residential- 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District is to allow for the development of a- retail tractor sales and service facility. At the September 16, 1999, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 9 to 0, recommended approval of this petition as set forth in Draft Resolution 99-024. 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 AR-l (Agricultural, Residential - 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District as set forth in Draft Resolution 99-024. SUBMITTED: ·f~£2- 1 ia Shewchuk, AICP ommunity Development Director cs cc: Joe Harvey, Pippin Tractor Patrick Ferland, P.E., Captec Engineering 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 ~ ...", RESOLUTION 99-024 FILE NO.: RZ-99-016 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE AR-1 (AGRICULTURAL, RESIDENTIAL -1 DU/ACRE) ZONING DISTRICT TO THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT· OF CERTAIN PROPERTY IN ST. lUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence including, but not limited to the staff report, has made the following determinations: 1. Pippin Tractor, presented a petitionfor a change in zoning from the AR-1 (Agricultural, ResiderJtial- 1 du/åcre)Zoning District to the CG (Commercial, General) Zöning District for the property described below. 2. On September 16,1999, theSt. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days pnorto the hearing and notifying by mail all owners of. property within 500 feet of the subject property, and recommendedthaìthe Board of County Commissioners approve the hereafter describê(:f<request for a change in zoning from the AR-1 (Agricultural, Residèntial - 1 du/acre) Zoning District to the CG (Commercial, Generål) Zoning District for the property described below. 3. On October 16, 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. File No.: RZ-99-016 October 19. 1999 Resolution 99-024 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 ~ ...., 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 forthatproperty described as follows: All that certain tract of parcel of land lying, being and situated in Section 25, To""....ship 34 South, Range 39 East, St. Lucie County, Florida, and this tract being more particularly described as follows: Commencing at the southwest corner of Section 25, Township 34 South, Range 39 East; thence North 00°06'48" East, along the west line of said Section 25, a distance of 2655.28 feet to a point; thence north 89°43;39" east, a dlstanceof.i70.98 feet to a point in the east right-of-way line of Klngs'HighVVaY; thence north 00°01'15" east, 30.00 feet along the east right-of-way of said Kings Hi$ihway,and the point of beginning of the herein described tract of land; thence northOO~01'15" east, along the east right-of- way line of said Kings Highway,.~distance()f 224.85 feet to a point; thence north 89°46'12" east, a distance of ~~~¡89 feet t()a point; thence south 00°01'15" west, a distance of 224.38 feet to a~()!9t; thenc~isouth 89°43'39" west, a distance of 624.90 feet to the point of beginnlngiand containing 3.22 acres of land, more or less. (Part of Tax ID. No. 1325-233-0000;oOOn). (Location: East$i~ø'q~Kings Highway, approximately Yz mile north of St. LucietB()uløvard) owned byJoeB.HarveY;iAI~iihereby changed from the AR-1 (Agricultural, Res.idential>.tdulacre) Zoning District to the CG (Commercial, General) Zoning District. B. The St. Lucie County Community Development Director is hereby authorized and directed to cause the change to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: File No.: RZ-99-016 October 19. 1999 Resolution 99-024 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 '-' Chairman Paula A. Lewis Vice-Chairman John D. Bruhn """"" xxx xxx Commissioner Frannie Hutchinson xxx Commissioner Doug Coward Commissioner Cliff Barnes xxx xxx PASSED AND DULY ADOPTED This 19th Day of October, 1999. ATTEST: Deputy Clerk cs H:\Wp\Rezoning\Pippin Tractor\pipinres.wpd File No.: RZ-99-016 October 19, 1999 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Resolution 99-024 Page 3 ""'" --- z ~ " 0 E (0 ~ .. ,,~ +-' .. " .. 0 0r- E >, ~ ",'" a1 0 0 " g w J .. 0 ~ ~ > - >- I- ..~ . u 0) A .. '" . E '" 0) ...... . U ... 0 :; i c: ~~ Ë ~ :o- r -- E u ... 0 0.. N .. E:<: :- a: 0 '" '" 0.. ., u .. .; ... .. -- 0 a.. .. ":..:. 0 u i::; ! . ~:II 5 ;. II w . g a: I! w en ,., '" ~ => 0 0 ~ a: .... GO ,., a: ~ C ~ ."; Ø'I .... ·öfõit·····~~·..··'ØiB4~·· , ~ ~ } ....! :............................., U¡¡;:O¡¡.U]Ni ., ¡ i a: ;: ..,¿: ~¡ :.': ., ··m·.·····..........·tt~ ii !I ! ~ LU II~ ~: a: ~ => o o / ,/" ..1" ·········~··NiëiS....··..·..···..·· . ......iñöij.'J!:iiIiiitiioö..., ; ~ i ! ·····...·..·...··Ö¥i*··äDèš·... U'ÖÝOI5 NO''''''' ......~ .,~. z ~ n--=='__ ...~~.:: ..-~......~~.;"===:;"=...:..:.. .,........-.............:::: ,,,,,,,."".... . :.1 r ~ ! 1::::,,:::-" ..........__........:.~..- ·~·,,:""""r--=..;:;..=<:='T~N·\~·~·.:.·=········......·_·_·:_·:·--·-..::...............: ! / ,?~" ... '" i,\..Q. .,' ...J-'/ ~, a: ./ .../ / I' S ~£ S S£ S 9£ \; ~;, <¡. JJ!Nno~ 338~33>lO Zoning Pippin Tractor v- I 0 CG AG-1 z (f) AR-1 0 c 0 U 0 to ~ .- I"'- 3: u.. a::: 0... (f) u.. CG IL RZ 99-016 N Land Use RZ 99-016 Pippin Tractor ..q- I o z VI MXD = AIRPORT o c o Ü 0 I") ~ ..- '" ~ u.. 0:: Q... (/) u.. '-" """'" PUBLIC HEARING PIPPIN TRACTOR FILE NO. RZ-99-016 Ms. Cyndi Snay presented staff comments. Ms. Snay stated that she was presenting the petition of Pippin Tractor for a Change in Zoning from the AR-l (Agricultural, Residential- 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District for property located on the east side of Kings Highway, approximately Y2 mile north of St. Lucie Boulevard. Ms. Snay stated that the purpose of the rezoning is to construct a retail tractor sales and service facility. Ms. Snay stated that the subject property is located within the MXD-Airport Land Use Designation. According to Policy 1.1.7.4 of the St. Lucie County Comprehensive Plan and the subject area would be appropriate for either Commercial or Industrial development. The proposed change in zoning is compatible with the St. Lucie County Comprehensive Plan and is not expected to create additional demands on service deliveries. Ms. Snay stated that staff has reviewed tfiis petition and detennined that ít confonns with the standards of review as set forth in the St. Luciè Comity Land Development CQde and is not in conflict with the Goals, Objectives, and Policies of 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. Chainnan Wesloski asked if there were any questions for Ms. Snay. Chainnan Wesloski asked if the applicant was present and would like to address the Board. Mr. Joe Capra, with CAPTEC Engineering, 1870 S.E. Port St. Lucie Boulevard, Port St. Lucie, addressed the Board. Mr. Capra stated that they represent Pippin Tractor and he is available to answer any questions the Board might have about the project. Chainnan Wesloski asked if there were any questions for Mr. Capra. At this time, Chainnan Wesloski opened the public portion of the hearing. Chainnan Wesloski asked if there was anyone 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 Wesloski closed the public portion of the hearing. Planning & Zoning Commission! Local Planning Agency July 15. 1999 Page 13 ~ ..." Chairman W esloski asked if there were any questions. Chairman Wesloski asked what would be the pleasure of the Board. After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in Section 11.06.03, St. Lucie County Land Development Code, Ms. Dreyer moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Pippin Tractor, for a Change in Zoning from the AR-l (Agricultural, Residential - 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District because the application meets all of the requirements of the St. Lucie County Comprehensive Plan and the St. Lucie County Land Development Code, and there are no objections. Mr. Grande seconded the motion, and upon roll call the motion was approved 6-0. Chairman Wesloski stated that the petition would be forwarded to the Board of County Commissioners with a recommendation of approval. Planning & Zoning Commission/ Local Planning Agency July IS, 1999 Page 14 '-' ...., PUBLIC HEARING PIPPIN TRACTOR FILE NO. RZ-99-016 Chairman Wesloski explained the Planning and Zoning Commission hearing procedures. Ms. Snay presented staff comments. Ms. Snay stated that the application of Pippin Tractor was previously heard by this Board. Upon submittal of the site plan, it was determined that the subject property could not accommodate the right-of-way for Kings Highway road widening. Ms. Snay stated that Pippin Tractor has requested a Change in Zoning from the AR-l (Agricultural, Residential- 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District for 3.22 acres of land located east of Kings Highway, approximately Y2 mile north ofSt. Lucie Boulevard. Ms. Snay stated that this petition is not in conflict with any portion of the St. Lucie County Land Development Code or the St. Lucie County Comprehensive Plan. She stated that this request will further the Goals, Objectives, and Policies of Policy 1.1.7.4, which outlines the area in question as being appropriate for comme~~ial or industrial uses. Ms. Snay stated that this petition is èonsistent with the surrounding land uses along Kings Highway and is located within the MXD-Airport Land Use designation. Ms. Snay stated that no demand on public facilities will result from the proposed rezoning. All water and sewer services will be provided on-site. Ms. Snay stated that the petition will further the logical growth pattern within this area. Staff is, therefore, recommending that you fOlWard this petition to rezone 3.22 acres of land property from the AR-l (Agricultural, Residential- 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District to the Board of County Commissioners with a recommendation of approval. Chairman Wesloski asked if there were any questions for Ms. Snay. Chairman Wesloski asked if the applicant was present and would like to address the Board. Mr. Pat Ferland, with CAPTEC Engineering, 1870 S.B. Port St. Lucie Boulevard, Port St. Lucie, addressed the Board. Mr. Ferland stated that they represent Pippin Tractor. He stated that they agree with the recommendation of staff and they request approval. Chairman Wesloski asked if there were any questions for Mr. Ferland. Mr. Grande asked Mr. Ferland ifhe intends to have a fuel facility/gas pumps on the subject property. Planning & Zoning Commission! Local Planning Agency September 16,1999 Page 3 ~ ....", Mr. Ferland stated that fuel sales are not proposed. Mr. Lounds asked Mr. Ferland if they will be relocating from Orange Avenue. Mr. Ferland stated yes. Mr. Lounds asked Mr. Ferland who his neighbors are to the north and south. Mr. Ferland stated that Cassens Tractor Services are to the south, and an RV storage facility to the north. Chainnan Wesloski asked if there were any further questions for Mr. Ferland. At this time, Chainnan Wesloski opened the public portion of the hearing. Chairman Wesloski asked if there was anyone 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 Wesloski closed the public portion of the hearing. Chairman Wesloski asked if there were any further questions. Mr. Merritt asked Mr. Flores if this will create a flag lot, with the same ownership. Mr. Flores stated that the ownership is the same, and it could possibly create a flag lot. He stated that this is one parcel of land with road frontage of 30 foot, in the event they split up the AR -1 zoned property in the future. Mr. Merritt asked Mr. Flores ifthe split would then meet the depth requirements. Mr. Flores stated yes. Chainnan Wesloski asked what would be the pleasure of the Board. After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in Section 11.06.03, St. Lucie County Land Development Code, Mr. Matthes moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Pippin Tractor, for a Change in Zoning from the AR-l (Agricultural, Residential - 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District because it confonns with the requested changes by County staff as well as being consistent with the existing zoning previously granted. Mr. McCurdy seconded the motion. Planning & Zoning Commission/ Local Planning Agency September 16, 1999 Page 4 '-" ~ Chainnan Wesloski asked if there was any discussion. Upon roll call, the motion was approved, 9-0. 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 September 16, 1999 Page 5 '-' ..."" AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, OCTOBER 19,1999 7:00 P.M. Petition of Pippin Tractor,for a Change in Zoningfrom the AR-1 (Agricultural, Residential- 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District for the following described property: (Location: East side of Kings Highway, approximately % mile north of St. Lucie Boulevard) 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 October 7, 1999. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on October 7, 1999. FILE NO. RZ-99-016 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA OCTOBER 19,1999 TO WHOM IT MAY CONCERN: NOTICE is hereby given in accordance with Section 11.00.03 of the 51. Lucie County Land Devel- opment Code and in accordance with the provisions of the St. Lucie County Comprehensive . Plan, that the following applicants have requested that the St. Lucie County Board of County Commissio"!,rs consider their request os fallows: 1. PAUL DUPONT, for a Change i~ Zoning from the RS-2 (Residential, Single-Family - 2 du/acre) Zoning District to the RM-9 (Residential, Multiple-Family - 9 du/acre) Zon- ing District for the following described property: Section 24, Township 35 South, Range 39 East, the south 'h of the southwest V. of the southeast V. the northwest V. - less the west 80 feet of the east 160 feet of the north 125 feet of the south 150 feet of the south 'h of the southwest V- of the southeast V. of the northwest V. and less the south 15 feet (4.90 AC) (OR 730-1691:1020- 426:1026-1139) (Tax I.D. Na. 2324-243-0002-000/2). Section 24, Township 35 South. Range 39 East, the west 80 feet of the east 160./eet orthe north 125 feet of the south 150 feei of the south 'h of· the southwest V. of t southeast V. of the northwest V- I (0.23 AC) (OR 225-2258) Tax 1.0. No. 2324-243-0003:000/9). (Locotion: 6870 Andrews Avenue) 2. DOMINICK R. LIOCE, for a Change in Zoning from the PUD (Planned Unit Development) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District for the following described property: Section 22, Township 36 South, Range 41 East, a tract of land with a south line of 5767.86 feetnorth- erly of the south line of Section 27 and the north line is 6323.74 feet northerly of the south line of Sec- tion 27 tlnd bounded on the west by the Indian River and bounded on the east by the west line of A 1 A right-of-way as In DBK 219-163 (4.25 AC) (OR 979-824:828) (Tax !.D. No. 3522-342-0001-000/0). (Location: West side of South State Road A-I-A, adjacent to the sauth property line of the South Hutchin- son Island Water Reclamation Facility) 3! PIPPIN TRACTOR, for a Change i~ Zoning from the AR-1 (Agricul- tural, Residential - 1 du/acre) Zon- ing District to the CG (Commercial, General) Zoning District for the fol- lowing described property: All that certain tract of parcel of land lying, being and situated in Section 25, Township 34 South, Range 39 East, SI. Lucie County, Florida and t~is tract being more particularly described as follows: '- ...." Commencing at the southwest cor· ner of Seclion 25, Township 34 South, Range 39 East; thence North 00°06'48" East, along the west line of said Section 25, a distance of 2655.28 feet 10 a point; thence Narlh 89°43'39" East, a distance of 70.98 feet to a poinl in the east right-of-way line of Kings High- way; thence North 00°01'15" East, 30.00 feet along the east right.of- way of Kings Highway, and the Point of Beginning of Ihe herein described tract of land; thence i North 00°01' 15" East, along the east right-of-way line of said Kings Highway, a distance of 224.85 feel to a point; lhence North 89°46'12" East, a distance of 624.89 feet to a point; thence South 00°01'15" West, a distance of 224.38 feet to a poinl; lhence South 89°43'39" West, 0 distance of 624.90 feet to the Point of Beginning and containing 3.22 acres of land, more or less. (Part of Tax I.D. No. 1325-233-0000-000/71. (Localion: East side of Kings High- way, approximately 'h mile north of St. Lucie Boulevard) 4. REAL STONE & GRANITE COR- PORA TlON, for a Conditional Use Permit to allow slane cutting in the IL (Industrial, light) Zoning District for the fallowing described property: Section 34, Township 35 South, Range 40 East, Kellem's Subdivi- sion, from the southeast corner of Lot 9, run West 265 feet 10 the Point of Beginning; thence continue West 199.9 feet; thence North 330 feet; thence East 174.9 feet; thence South 150 feet; thence East 25 feet; thence South 1 80 feet to the Point of Beginning - less the North 12 feel as in OR 384.196 (1.38 AC) (OR 748-2407, 2408) (Tax 1.0. Na_ 2434-601-0036-000/5). (Location: 427 South Market Avenue) PUBLIC HEARINGS will be held . in the County Commission Chambers, 3rd floor of the Roger Poitras Administration Annex Build- ing, 2300 Virginia Avenue, Fort Pierce, Florida on October 19, 1999, beginning at 7:00 P.M. or as soon thereafter as possible. Anyone with a disability requir- ing accommodation to attend this meeting should contact the SI. Lucie County Community Services Man- ager at 561/462.1777 or TDD 561/462-1428 at least farty-eight (46) hours prior to the meeting. . PURSUANT TO Section 266.0105, Florida StaMes, if a person decides to Of peal any deci- sion made by a·baard, agency, or commission with respect to any matter considered al a meeting or hearing, he will need a record of lhe proceedings, and that, for such purposes. he may need to ensure that a verbatim record of the pro- ceedings is made, which record ' includes the testimony and evi- dence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, flORIDA /5/ PAULA A. LEWIS, I CHAIRMAN -¡-"-,_ lu.tJ S Pub.: Oct. 7, 1999 ...... No. 7357 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA OCTOBER 19, 1999 TO WHOM IT MAY CONCERN: NOTICE is hereby given in accordance with Section 11 .00.03 of the SI. Lucie County Land Developmenf Code and in accordance with the provisions of the St. Lucie County . Comprehensive Plan thaf the following applicants have . requested that the SI. Lucie County Board of County : Commissioners consider their following request as follows: 1. PAUL DUPONT. for a Change In Zoning from the RS-2 (Residential, Single-family - 2 du/acre) ZOning DistrIcI to the RM-9 (Residential. Multiple-Family - 9 du/acre) Zoning District for the following described property: SECTION 24, TOWNSHIP 35 SOUTH. RANGE 39 EAST. THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 - LESS THE WEST 80 FEET OF THE EAST 160 FEET OF THE NORTH 125 FEET OF THE SOUTH 150 FEET OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 AND LESS THE SOUTH 15 FEET (4.90 AC) (OR 730-1691:1020-426:1026-1139) (TAX 1.0. NO. 2324-243-0002-00012). SECTION 24, TOWNSHIP 35 SOUTH, RANGE 39 EAST. THE WEST 80 FEET OF THE EAST 160 FEET OF THE NORTH 125 FEET OF THE SOUTH 150 FEET OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 (0.23 AC) (OR 225-2258) (TAX 1.0. NO. 2324-243-0003-00019). (Lacation: 6870 Andrews Avenue) . 2. DOMINICK R. UOCE. for a Change In Zoning from the P\JD (Planned Unit Development) Zoning District to the HlRD (Hutchinson Island Residential DIstrict) ZonIng DIstrIct for tne following described property: SECTION 22, TOWNSHIP 36 SOUTH. RANGE 41 EAST, A TRACT OF LAND WITH A SOUTH UNE OF 5767.86 FEET NORTHERLY OF THE SOUTH LINE OF SECTION 27 AND THE NORTH UNE IS 6323.74 FEET NORTHERlY OF THE SOUTH UNE OF SECTION 27 AND BOUNDED ON THE WEST BY THE INDIAN RIVER AND BOUNDED ON THE EAST BY THE WEST UNE OF AlA RIGHT-OF-WAY Þ5 IN DBK 219-163 (4.25 AC) (OR 979-824:828) (TAX I.D. NO. 3522-342-0001-000lO). (location: West side of South Stale Road A-l-A. adjacent to the south property Roe of the South Hutchinson Island Water Reclamatton facUlty) 3. PIPPIN TRACTOR, for a Change In Zoning from the M-l (Agricultural, Residential· 1 du/acre) Zoning DistrIcI to the CG (Commercial, GeneraQ Zoning DIstrIc«or the toUowtng described property: AlL THAT CERTAIN TRACT OF PARCEL OF lAND LYING. BEING AND SITUATED IN SECTION 25, TOWNSHIP 34 SOUTH. RANGE 39 EAST, ST. LUCIE COUNlY flORIDA AND THIS TRACT BEING MORE PARTICUlARlY DESCRIBED Þ5 FOllOWS: COMMENCING AT THE $OUTHWEST CORNER OF SECTION 25. TOWNSHIP 34 SOUTH. RANGE 39 EAST: THENCE NORTH 00" 06'48" EAST, AlONG THE WEST UNE OF SAID SECTION 25. A DISTANCE OF 2655.28 FEET TO A POINT; THENCE NORTH 89" 43'39" EAST, A DISTANCE OF 70.98 FEET TO A POINT IN THE EAST RIGHT-OF-WAY LINE OF KINGS HIGHWAY; THENCE NORTH OO" 01'15" EAST, 30.00 FEET AlONG THE EAST RIGHT-OF-WAY OF SAID KINGS HIGHWAY, AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT OF lAND; THENCE NORTH 00' 01'15" EAST, AlONG THE EAST RtGHT-OF-WAY UNE OF SAID KINGS HIGHWAY. A DISTANCE OF 224.85 FEET TO A POINT: THENCE NORTH 89" 46'12" EAST. A DISTANCE OF 624.89 FEET TO A POINT: THENCE SOUTH 00' 01'15· WEST, A DISTANCE OF 224.38 FEET TO A POINT; " THENCE SOUTH 89' 43'39" WEST, A DISTANCE OF 624.90 FEET TO THE POINT OF BEGINNING AND CONTAINING 3.22 ACRES OF LAND, MORE OR LESS. (PART OF TAX 1.0. NO. 1325·233-0000-000/7). (LOCallon: East side of Kings Highway, approximately 1/2 mile north of SI. Lucie Boulevard) "'wI!' l 4. REA1. STONE &; GRANITE CORPORATION. for a Condltlanat Use Permit to allow stone cutting In the IL (\ndu$1rIaI. Ugh1 Zoning DIstrIct for the follawing descrtbed property: SECTION 34, TOWNSHIP 35 SOUTH. RANGE 40 EAST, KELLeM'S SUBDMSION. FROM THE SOUTHEAST CORNER OF LOT 9. RUN WEST 265 FEET TO THE POINT: OF BEGINNING. THENCE CONTINUE WEST 199.9 FEET, THENCE NORTH 330 FEET, THENCE EAST 174.9 FEET. THENCE SOUTH 150 FEET. THENCE EAST 25 FEET. THENCE SOUTH 180 FEET TO THE POINT OF BEGINNING - LESS THE NORTH 12 FEET Þ5 IN OR 384- 196 (1.38 AC) (OR 748-2407. 2408) (TAX I.D. NO. 2434-601-0036-00015). (location: 427 South Market Avenue) PUBlIC HEARINGS wW be held In the County CommIssIon Chambers, 3rd floor of the Roger l'oItras Administration Annex Building. 2300 Virginia Avenue. Fort Pierce. Florida on October )9.1999. beginning at 7:00 P.M. or as soon thereafter as possible. . . Anyone with a disability requiring accommodation to .attend this meeting should contact the St. lucie County Community ServIces Manager at 561/462-1777 or 1DD 561/462-1428 at least forty-eJght (48) hours prtor to the meeting. PURSUANT TO Sectton 286.01 OS. Florida Statutes. If a person decides to appeal any decision made by a board, agency. 1)1 commission with respect to ony matter considered at a· meeting or hearing. he wUl need a record of the proceec:tlngs. 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 evtdence upon which the appeal Is to be based. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FlORIDA /Sf PAULA A. lEWIS, CHAIRMAN Publish: October 7. 1999 1/\.4 /} ¡,uµ.¿ TO: FROM: DATE: SUBJECT: LOCATION: EXISTING ZONING: PROPOSED ZONING: FUTURE LAND USE: PARCEL SIZE: PROPOSED USE: PERMITIED USES: '-' '-'" PLANNING AND ZONING COMMISSION REVIEW: 09/16/99 File Number RZ-99-016 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT Planning and Zoning Commission Planning~anager~~ September 8, 1999 Application of Pippin Tractor, for a Change in Zoning from the AR-l (Agricultural, Residential - 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District. East side of Kings Highway, approximately V2 mile north of St. Lucie Boulevard (Tax ID# 1325-233-0000-000/7) AR-l (Agricultural, Residential - 1 du/acre) CG (Commercial, General) MXD-AIRPORT (Commercial/Industrial) 3.22 acres Retail tractor sales and service facility Section 3.01.03(S), CG, (Commercial, General) identifies . . the designated uses which are pennitted by right, pennitted as an accessory use, or pennitted through the conditional use process in the "CG" (Commercial, General) Zoning District. Any use designated as a "Conditional Use"is required to undergo further review and approval before that use may be commenced on the property. Any use not identified in the zoning district regulations are considered to be prohibited uses in that district (see Attachment" A"). '-' September 8, 1999 Page 2 SURROUNDING ZONING: SURROUNDING LAND USES: FIRE/EMS PROTECTION: UTILITY SERVICE: TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: SCHEDULED IMPROVEMENTS: TYPE OF CONCURRENCY DOCUMENT REQillRED: ....", Petition: Pippin Tractor Rezoning File RZ-99-0 16 CG (Commercial, General) is located to the north and approximately 330 feet south of the subject property, AG-l (Agricultural - 1 du/acre) is located to the east and AR-l (Agricultural, Residential - 1 dulacre) is located to the south and west. The existing uses in this area are agricultural, industrial and commercial along North Kings Highway. The Future Land Use Classification of the immediate surrounding area is MXD-AIRPORT. Station 4 (2850 Aviation Way), is located approximately 3 miles to the east. Water and sewer services are to be provided on site. The existing right-of-way for North Kings Highway is 60 feet. The future right-of-way needs in this area may significantly impact this site. North Kings Highway is tentatively scheduled for resurfacing in FY 1998-99. Widening of this roadway is not programmed as part of the State FDOT work program. Concurrency Deferral Affidavit. '-' ....", September 8, 1999 Page 3 Petition: Pippin Tractor Rezoning File RZ-99-0 16 STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The applicant is requesting a change in zoning from the AR-I (Agricultural, Residential I du/acre) Zoning District to the CG (Commercial, General) Zoning District. The area in which the subject property is located is designated MXD-AIRPORT on the future land use map of the County's Comprehensive Plan. Policy 1.1. 7 .4, Figure l-lOD, limits the uses within the MXD-Airport Mixed Use Development Area, to those uses that are allowed in the Commercial, Industrial, T/U, or P/F land use designations. ___ 2. Whether the proposed-amendment is consistent with all elements of the St. Lucie County C0lI!prehensive Plan; The applicant is requesting a change in zoning from the AR-I (Agricultural, Residential I du/acre) Zoning District to the CG (Commercial, General) Zoning District. The area in which the subject property is located is designated MXD-AIRPORT on the future land use map of the County's Comprehensive Plan. Policy 1.1.7.4 states "Mixed Use activity areas shall be developed as indicated in the following sub area Mixed Use activity areas plans, as depicted in Figure I-lOa thru l-lOj." According to Figure l-lOD, the subject property is located in area designated as Commercial/Industrial. This area is restricted to those uses that would be equivalent to the Commercial, Industrial, T/U, or P/F land use designations. The proposed change in zoning is consistent with all elements of the St. Lucie County Comprehensive Plan. The MXD-Airport Land Use requires either a CG (Commercial General), IL (Industrial, Light), or IH (Industrial, High) Zoning District. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed zoning is consistent with existing and proposed land uses in the area. The general use of the immediate surrounding area of the subject property is as follows: ~ ...., September 8, 1999 Page 4 Petition: Pippin Tractor Rezoning File RZ-99-0 16 Surrounding Use Land Use Zoning North Agricultural, Grove MXD-Airport AR-l South Cassens Grove and Storage Area MXD-Airport AR-l & IL East Agricultural, Grove MXD-Airport AR-l West Agricultural, Grove MXD-Airport AG-l The area under consideration has been designated within the Comprehensive Plan with an MXD-Airport Land Use and an established zoning criteria that emphasizes Commercial General or Industrial uses. 4. Whether there have been changed conditions that require an amendment; The land conditions of the area have not changed so as to require an amendment. S. 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 rezoning of the property is not expected to create significant additional demands on any public facilities in this area. The subject property is currently be utilized for agricultural purposes (a grove). Prior to the approval of any expansion to the existing facility, the applicant will need to provide documentation verifying that sufficient facilities are in place to support the new development. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. The applicant will be required to comply with all federal, state, and local environmental regulations. The site does not contain any known unique or threatened habitat. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; An orderly and logical development pattern will occur with this change in zoning. The surrounding parcels of property are designated for uses as required within the MXD- \...;- ""'" September 8, 1999 Page 5 Petition: Pippin Tractor Rezoning File RZ-99-016 Airport land uses. The Comprehensive Plan identifies the area under consideration with a Commercial/Industrial land use and further requires either a Commercial General or Industrial Zoning classification. In order for the subject property to be consistent with the Comprehensive Plan, the rezoning would have to take place. In addition, the development patterns along Kings Highway have taken on a more urbanized (commercial and industrial) pattern. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The petitioner, Pippin Tractor, has requested this change in zoning from the AR-l (Agricultural, Residential - 1 du/acre) Zooing District to the CG (Commercial, General) Zoning District in order to construct a retail tractor sales and service facility on the subject property. The subject property is in an area designated withiñ the Comprehensive Plan for Commercial or Industrial Uses. Previously, this Board approved a rezoning of a portion of the subject property. At the time of site plan review, Staff determined that the applicant's proposed project would be seriously impacted by the proposed FDOT Kings Highway Road Widening project. Staff recommended that the applicant modify the project by incorporating the appropriate right-of-way width into the design of the project. In order for the right-of-way width to be incorporated into the design, the applicant is requesting a rezoning of additional land located to the east of the original subject property. Therefore, the rezoning of the property is required to undergo review and approval. Staff has reviewed this petition and determined that it conforms with the standards of review as set forth in the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. Please contact this office if you have any questions on this matter. Attachment cs cc: Patrick Ferland, PE, Captec Joe Harvey, Pippin Tractor File ~ ....., Section 3.01.03 Zoning District Use Regulations S. CG COMMERCIAL. GENERAL 1. Purpose The purpose of this district is to provide and protect an environment suitable for a wide variety of commercial uses intended to serve a population over a large market area, which do not impose undesirable noise, vibration, odor, dust, or offensive effects on the surrounding area, together with. such other uses as may be necessary to and compatible with general commercial surroundings. The number in "0" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. AdjustmenUcollection & credit reporting services (732) b. Advertising (731) c. Amphitheaters (999) d. Amusements & ~ecreation services - except stadiums, arenas, race tracks, amusement parks and bingo parlors (79) e. Apparel & accessory stores (56) f. Automobile dealers (55) g. Automotive rental, repairs & servo (except body repairs) (751.753.754) h. Beauty and barber services (7231724) i. Building materials, hardware and garden supply (52) j. Cleaning services 7349) k. Commercial printing (999) I. Communications - except towers (48) m. Computer programming, data processing & other computer servo (737) n. Contract construction servo (office & interior storage only) (15116/17) o. Cultural activities and nature exhibitions (999) . p. Duplicating, mailing, commercial arUphoto. & stenog. servo (733) q. Eating places (581) r. Educational services - except public schools (82) s. Engineering, accounting, research, management & related services (87) t. Equipment rental and leasing services (735) U. Executive, legislative, and judicial functions (91192m194195f96197) '{. Farm labor and management services (078) w. Financial, insurance, and real estate (6OI&11621631W65167) x. Food stores (54) y. Funeral and crematory services (726) Z. Gasoline service stations (5541) aa. General merchandise stores (53) bb. Health services (80) CC. Home furniture and furnishings (57) dd. Landscape & horticultural services (078) ee. laundry, cleaning and garment services (721) ff. Membership organizations - except for religious organizations as provided in Section 8.02.01 (H) of this code (86) gg. Miscellaneous retail (see SIC Gode Major Group 59): (1) Drug stores (591) (2) Used merchandise stores (593) (3) Sporting goods (5941) Adopted August 1. 1990 118 Revised Through04/15199 hh. ii. --n· kk. II. mm. nn. 00. pp. qq. IT. ss. tt. uu. w. ww. XX. '-' ...." Section 3.01.03 Zoning District Use Regulations (4) Book & stationary (5942/5943) (5) Jewelry (5944) (6) Hobby, toy and games (5945) (7) Camera & photographic supplies (5946) (8) Gifts, novelty and souvenir (5947) (9) Luggage & leather goods (5948) (10) Fabric and mill products (5949) (11) Catalog, mail order and direct selling (59611S963) (12) Liquified petroleum gas (propane) (5984) (13) Florists (5992) (14 ) Tobacco (5993) (15) News dealers/newsstands (5994) (16) Optical goods (5995) (17) Misc. retail (See SIC Code for specific uses) (5999) Miscellaneous personal services (see SIC Code Major Group 72): (1) Tax return services (7291) (2) Misc. retail (See SIC Code for specific uses) (7299) Miscellaneous business services (see SIC Code Major Group 73): (1) Detective, guard and armored car services (7381) (2) Security system services (7382) (3) News syndicate (7383) (4) Photofinishing laboratories (7384) (5) Business services - misc. (7389) Mobile home dealers (527) _ Mobile food vendors (eating places, fruits & vegetables-retail) (999) Motion pictures (78) - Motor vehicle parking - commercial parking & vehicle storage. (752) Museums, galleries and gardens (84) Personnel supply- services Q36) Photo finishing services (7384f Photographic services (722) Postal services (43) Recreation facilities (999) Repair services (76) Retail trade-indoor display and sales only, except as provided in Section 7.00.00. (999) Social services: (1 ) Individual & family social services (8321839) (2) Child care services (835) (3) Job training and vocational rehabilitation services (833) Travel agencies (4724) Veterinary services (074) 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. Adopted August 1. 1990 119 Revised Through04/15199 '-' ,..., Section 3.01.03 Zoning District Use Regulations 5. Off-street Parking and Loading Requirements Off-street parking ;and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses a. Adult establishments subject to requirements of Sec. 7.10.10. (999) b. Drinking places (alcoholic beverages) - free-standing. (5813) c. Disinfecting & pest control services. (7342 d. Amusement parks. (7996) e. Go-cart tracks. (7999) f. Hotels & motels. (701) g. Household goods warehousing and storage-mini-warehouses (999) h. Marina - recreational boats only. (<<93) i. Motor vehicle repair services - body repair. (753) j. Sporting and recreational camps. (7032) k. Retail trade: (1) Liquor stores. (592) k. Stadiums. arenas, and race tracks. (794) I. Telecommunication towers - subject to the standards of Section 7.10.23 (999) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Drinking places (alcoholic beverages as an accessory use to a restaurant and/or civic, social, and fraternal organizations). b. Detached single-family dwelling or mobile home, (for on-site security purposes). c. Retail trade: (1) Undistilled alcoholic beverages (accessory to retail sale of food). Adopted August 1. 1990 120 Revised Through04115199 ~ ...." .~~~~"-~"~,,-~. 1"'·"'''':'''''''~''''~''·'1':=:'::·'· '.~":.' ,'\"'·'·'1' '~'-'-~'''''';1 Ii ¡¡.& ~¡~li~I~~I~!~I~I'~ ~I Ii ilN .~!;:t; ;:t;1;;';:t;I;:t;I~I;:t; ;:t;1;:t; II I¡¡~ Ii \i: Ii ~IJ~æ' ti ti I~:j'·' II 1100 I ¡ I ' ¡~ 0\ tt - ~1--- I - II C'\!I I I' i II I I,'i.'.· § II ~. ~ 11.1 ol~ :I: ~ ~ i~ . ~ II I I ~ ~ ~~ B I ~ ~ ~ I ~ ~ II ~ III ~ ~ ~ ¡~ ~ I ~ ~ ~ ~ ~ II tÞd~~~~~~~~~ II I'u" « 0 0 0 0 0 ~ 0 0 0 'I Ii 0 ~ ~ ¡.T., p.. ~> ~ ~ ~ II I,I I I ! 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I \011"\11"\11"\11"\\011"\11"\11"\11"\ NNNNNNNNNN MMMMMMMMMM '1""""'4 ....... ....... ....... I....... ....... ....... ..- ....... ....... ! I I i ¡I ! ¡ ¡ { --,,,., ^- ,. --, 111"" '-' AGENDA REQUEST ~ ITEM NO. 5D DATE: 10/19/99 CONSENT REGULAR PUBLIC HEARING [ X ] Leg. [] Quasi-Jud. [X] SUBLTECT : Request for a Conditional Use Permit to manufacture cut stone and stone products in the IL (Industrial¡ Light) Zoning District. r"l- (,- unity Development Director PRESENTED BY: . cfiwc2uS TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Cornmlnity Development BACKGROUND: Petition of Real Stone & Granite Corporation for a Conditional Use Permit to allow for the manufacturing of cut stone and stone products in the IL (Industrial, Light) Zoning District for property located at 427 South Market Avenue. (File No.: CU-99-007) FUNDS AVAILABLE: N/A PREVIOUS ACTION: The Planning and Zoning Commission, by a vote of 9 to 0, recommended approval of the Conditional Use Permit at its September 16¡ 1999, meeting. RECOMM~NDATION: Approve Draft Resolution 99-190 granting a Conditional Use Permit to manufacture cut stone and stone products in the IL (Industrial, Light) Zoning District for property located at 427 South Market Avenue¡ subject to one condition. [x [ APPROVED OTHER: DENIED g as M. Anderson ty Administrator COMMISSION ACTION: County Attorney: ,Jd Review and ~provals Management " Budget: Other: Purchasing: Other: originating Department: Finance: (Check for Copy only. if applicable) '-" ..., COUNTY COMMISSION REVIEW: October 19,1999 Resolution 99-190 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners Community Development Director October 12, 1999 Petition of Real Stone & Granite Corporation, for a Conditional Use to allow the manufacturing of cut stone and stone products in the IL (Industrial, Light) Zoning District (File No.: CU-99-(07) From: Date: Subject: The subject property is located at 427 South Market A venue, within the IL (Industrial, Light) Zoning District. The purpose of the Conditional Use Pennit is to allow for the manufacturing of cut stone and stone products entirely within an enclosed building. The applicant has indicated that he will be utilizing granite and marble products, to make stone countertops. The stone cutting will be completed through a process utilizing water-fed hand tools for grinding and 100% air-powered tools which eliminates pollution being released into the air. At the September 16, 1999, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 9 to 0, recommended approval of this petition as set forth in Draft Resolution 99··190. The proposed Conditional Use Pennit meets the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code, and is not in conflict with the goals, objectives, and polic:ies of the St. Lucie County Comprehensive Plan. Staff recommends the approval of this petition for a Conditional Use Permit to allow the manufacturing of cut stone and stone products in the IL (Industrial, Light) Zoning District for property located at 427 South Market Avenue as set forth in Draft Resolution 99-190. SUBMITTED: . ¡;L~9 Juli hewchuk, AICP Co unity Development Director cs cc: Jose Ubilla File '-" ..." 1 RESOLUTION 99-190 2 FILE NO.: CU-99-007 3 4 A RESOLUTION FOR A CONDITIONAL USE 5 PERMIT TO ALLOW THE MANUFACTURE OF 6 CUT STONE AND STONE PRODUCTS IN THE 7 IL (INDUSTRIAL, LIGHT) ZONING DISTRICT 8 FOR PROPERTY LOCATED IN ST. LUCIE 9 COUNTY, FLORIDA. 10 11 WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, based on 12 the testimony and evidence, including but not limited to/the staff report, has made the 13 following determinations: 14 15 1. ReaL Stone & Granite Corporation, presented a petition for a 16 Conditional Use Permit to allow the. manufacturing of cut stone and 17 stone products in Jhe IL (Industrial Light) Zoning District for the 18 . property described below. 19 20 2. On September 16,t999, the.S1. Lucie County Planning and Zoning 21 Commission held a public hearing on the petition, after publishing 22 notice at least 10 days prionto the hearing and notifying by mail all 23 owners of property within 500 feet of the subject property, and 24 recommended that the BoarciofCounty Commissioners approve the 25 hereinafter described request for a Conditional Use Permit in IL 26 (Industrial, Light)Zoning for the property described below. 27 28 3. On October 19, 1999, this Board held a public hearing on the petition, 29 after publishing a notice of such hearing and notifying by mail all 30 owners öfþroperty within 500 feet of the subject property. 31 32 4. The proposed Conditional Use is consistent with the goals, objectives, 33 and policies of the S1. Lucie County Comprehensive Plan and has 34 satisfied the requirements of Section 11.07.03 of the S1. Lucie County 35 Land Development Code. 36 37 5. The proposed project will not have an undue adverse effect on 38 adjacent property, the character of the neighborhood, traffic 39 conditions, parking, utility facilities, or other matters affecting the 40 public: health, safety and general welfare. File No.: CU-99-007 October 19. 1999 Resolution 99-190 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 '-" '-' 6. The proposed project will be serviced by adequate public facilities and services. 7. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on October 19, 1999. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St, Lucie County, Florida: A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a Conditional Use Permit for Real Stone & Granite Corporation to allow the mélnufacturing of cut stone and cut stone products in IL (Industrial, Light) Zoning is granted for the property described below, subject to the following condition: The manufacturing of the stone productsshallbe conducted entirely within the enclosecJ building. B. The property on which this Conditional Use Permit is being granted is described as follows: Section 34, Township 35. South, R~ng~ 40 E~.~tf Kellem's Subdivision; from the southeast corner of Lot 9 run west 265f~tto,thøPoint of Beginning; thence continue west 199.9 feet, thence north 330 feet, thence east 174.9 feet, thence south 150 feet, thence east 25 feet, thence south 180feefto the Point of Beginning, Less the north 12 feet as in OR 384-196. (Tax ID No. 2434-601-0036;,(100/5) (Location: 427 South Market Avenue) C. The approvals and authorizations granted by this Resolution for the purpose of obtaining siteplan/building permit approvals on this property, shall expire on October 19, 2000, unless the developer has obtained a site plan or building permit approval for the use described in Part A above, or an extension has been granted in accordance with Section 11.07.05(F), St. Lucie County Land Development Code. File No.: CU-99-OO7 October 19. 1999 Resolution 99-190 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 '-" ""'" D. The Conditional Use Permit approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Real Stone & Granite Corporation, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to; the UnitE~d States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. E. The condition set forth in Part A is an integral nonseverable partofthøsite plan approval granted by this resolution. If the condition set forth in ReutA is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. F. The Certificate of Capacity, a copy of which is attached to this resolution, 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 Sectiorr11.07.05(F) of theS1. Lucie County Land Development Code, a new certificate of capacity shall be required. G. The S1. Lucie County Community DeVelopmentDirector is hereby authorized and directed to cause the notation of this.resolution to be made on the Official Zoning Map of 81. Lucie. County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second,ithe vote on this resolution was as follows: Chairman Paula Lewis xxx Vice-Chairman John D. Bruhn xxx Commissioner Frannie Hutchinson xxx Commissioner Doug Coward xxx Commissioner Cliff Barnes xxx File No.: CU-99-007 October 19, 1999 Resolution 99-190 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ii 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ~~ '-' ...., PASSED AND DULY ADOPTED this 19th Day of October 1999. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED ASTO FORM AND CORRECTNESS: DEPUTY CLERK COUNTY A TIORNEY cs: H:\WP\Conditional UsesIReal_ Stone\r,~soIution.wpd File No.: CU-99-007 October 19. 1999 Resolution 99-190 Page 4 ;¡¡ '-- ...." ..........-- z C " 0 E ... .. '" 1::... '" oð ~ .. " ~ I"-- E ... .,; L- ø.Cf.I N 0 0 ~ I:: J W <D .. 0 . 0 ~ ~ Q. > .- .. c I .. ... ~ 0 L- a .. -< . 0 0 0) E ." ..... a 0 +-' =~ ~ Ï 0 0) a Cf) I:: I:: '" ~ '" ,,- ~ c E .~ '" U aj <D ::> '" Eo<: . ~ <D ~ o ø. ::a 0 () U " ò 0: c .. \ Co .. aj 0 '\ .. L- U CJ '\ I! w w ... .... '" .... cr: ~ cr: ::) 0 ~ () Z UYOII _ ::) 0 QYOW ]NIl ]:»IYY () a: ~ i . ã: I .. .. W = Z w .. :! ~ ~ .... .. .. r .... « ij OYOII Q]]NS 11\'0. NOl 'WY) cr: ~ ~ cr: Õ NI') ~ ~ ~ g w ... .... ~ w ... .... cr: cr: S K .1 S ,,[ .1 S 9[ .1 , ~ AlNn08 3380H833>10 '-'- Real Stone & ..." Granite Corporation z onlnq " f '1,' .'. .' " .' .' . .' . .' .' ,~ ,', . . , I . . .' .' " # #, #.. " " -0 0 0 0::: 7 .' " (f) .' .' " Q) I... .' .' . u . <{ . -+-' I I C I I 0 I I (f) I I 0 I I I L CG Q) I I 0- I I I I I I 8 I I I ! South Market Avenue . " :1' ·1":' .' It .... I', , If" .. .... '" ......'.,.....~...,-....'-' ..... ...... , " If,. '. . . .'. '. . 9 I" I .'. . , .' . . .' It. ,,',' :,,', (/) ::) . ' :;:.\ <"::',. . ;:.i'::6ìi~"¿ ,~<.~'~ "::"~;e~'~'~',' ,:<':'~. "::<::':. i·' :'::: i !:~~-~L;___~&XLL~6~-~____;__,Z_~Z___L~ il'·:·:"·"· :'.'-:.': :.,- '.': :.:..... :,..-:' " ,.,"..... :,:'. .... '.', ':" ... '." ,'. ..... ....., .... ..,::., '., .-. " ,. ......: ':' ...'.... ·/~' .... , . . : ..t..' ':" ,', .... ':' ,... ,. ! .. .' ,'. .. . .. . . I'. .., I", " , - ' '..' :" .. '.. :' I '..' " :',..... ',' :" .. 'f :" .. ',' :','....: :" ... [-.:.:..~.:'..: ':',:.:.': :' ":.': ':' ':.': :" . ,', ".'''.' IL ),:r~+7~~7~.-:~,T. :-~:-'7.:-.~'.-<7,-::'-f-~-'~·?-hf:+:~~+:' . I" I', ,..' ,. - - --- - - - - . - - - -.---- - I L -- --, , 1 , / CU 99-007 V / / / /1 This. pattern indicates subject parcel. I: :''':.': ':' '-:,': ';'1 T~is pattern. indicates . .' :. .,',-. " . City of Ft. Pierce ,'. ..'.: :" ....,' :' , Community Development Geographic Information Systems Map revised August 23,1999 ThIoo moø his bowl CO!I'4IIod lor _01 pIonnk1g rod '*"""" _ rrit· _ fMIt'{ otIort his boon .- '" pnMdo 1hI __"""'"' It1d oa:uroIo ;,,-..;on ~..io...._ lor... _ ologolly binding--' CG '.. I" '..', :" . , .', '. . , "',' " , , ,'. " " ,'. " ,', , . .'. . I I . :"0' . .' :3'· :',...:', :'" . .-.. ~, I , , " ,. , ~' ," , ,,' , ~ ,', I'" :" ' ,', I '" :" " ,', ~. ' I " , , ~ ' I' :' .. . o Z , ,', '. . '. . c ,', I. ,'. , .' .', " "'. >- o ~ ..c (J) J: , ~.'. ,'. , ' 8 6 5 4 $ /I -0 ., .' . ,'/~' , 0 . '__=":._:.1'_'...:_.::..:...-. 0 : 2 " r :. 13 " '. 0:::: :.....::...:..:.1:.....:,....:..-'-.:.; . . t·. :. .' 'If' . , , ",' ,', i Saint James 1'.......- 8 I 9 -'7-T--¡Q-- (f) ---J..----- 6 I /I 'u ---+----- C 5 I~ /2 ---i'----- 0 4 13 L ---T----- LL =~dG== I I 16 8 I 9 +-' ---1----- C 7 I 10 0 ---.----- (/) 6 I /I ---1----- _5__..L:íl_~__ 4 I 13 ___-1_____ 3 I 14 7 -6" 5 4 3 -- 2 7 6 5 4 3 2 I 8 7 6 5 4 3 N Real Stone & Granite Corporation Land Use .' .' .' . . . . , ., .' " .' .' . . .' " 1 " .' '. . " .' .' . . " -0 0 0 0::: 7 .' .' . . . en "êG:'" .' (]) :-.: :'. ' '. :.:, ~. L " U .. .. ~ ~ .. « . . . I . -+-' : I C I I N 0 0 I I en I I 0 I I (]) I I - I I 0.. I I I I 8 I I I I , South Market Avenue 9 ":.'··:···f:··:·'·:.' 2 .. ..... .... .....: ':' : .'.... ":, ..:'.:' 1 . '. '.' :" ','..' :'" CJ1 .'. , ' '" .. .' ' ' ::r::: , , ' I " I'. , . I, '.. :' 1 . (f) , . :::> ·.i',::·::~: ::,':: .... ..; '.:: !:.'. 6,ì1/ :;. ~ ¡.;.~} (. ~j'è ;"c"~:, i·. ::. ':;': :':. i.,::. ':;': :', :'.<. '::::.. i ¡:>::,:.;:.:., :',.~:,:,:,:./,/;:':.:~, '.'::);~',:~~:!,:'~)gð~·,;,:'i ':,~,:;::~:.\~';,:,::. .::::.~'~): :/::>~:;: :'::: { ~ ·~'~'~~':~';-~·-:-',~:~~.~:7~~·:~.~~.:~.~.~~~~:~·~,~~~~~·~.~,~~~.~.' . ¡.' ,." " ," . .'. '., ...., ,.'. " "11 .', . '. . ' _... ...... .... " . I. '. ." '. ., .," . I' I"....' I ,. . ! .. ' .... , , I '.. ,. : . '.. " :" . , . " 't' ," I'" " ',0,',' " '" ," I'" ;, .. .... :" '..,.. ..... ,..:" . ,'. . I', !.' ',f ,.. " " Of. . ' ',1 ." " . ' . ,'. i.... ..... " , . ,', ' I'. ... II , IND " , " . , , . ,'I ~--- - --- ____. - _______ .. - - ____. , , ¡ " . CU 99-007 ~////i \' "...' . ' '" .. .' ' . . "1 .... ...... ...... .. I' ,.., .. I' ,"0 .. I' Community Development Geographic Information Systems Map revised August 23,1999 _ mop hoo -. c:om JiIod ""_lIpIonning ond rwIeIonco _ on,. WhIo WW'{ IIIoIf hoo -. -- 10 provide tho .- CUffef1t ond oca.nIo N __ ~,.Io not1nlended """"" .. . IogIIIy binomg __ This pattern indicates subject: parcel. This pattern indicates City of Ft. Pierce ...... .' . COM ,'. .' I" , I' " " . , ,'. . '.. :" " .' " .' : . " . '.. :" '.. '.. :" ,.' . I'. . I'... ,. , I'. . ,'. , ,', ~ o Z .' ,.,... " ,', '. . . .'. I" . .' ,., . 't, , ,'. . ' 8 .......! 8 I 9 -,-T--¡Q-- ___J.._____ (f) 6 I " () ---+----- C 5 I~ 12 ___+_____ 0 4 I /J L. ---T----- LL êØ~= 8 I 9 -+-' ---,----- C 7 I /0 0 ---1----- (f) 6 I " ---1----- 5 1'íI 12 -4--'--ïJ-- ___J._____ J I /4 ¿ o o . . .' t'.. " . " I' " , .' , . , 7 -6' 5 V 4 0 -- J 0 -- ~ 2 Blvd 8 J 2 I 8 7 6 5 4 J '-" ,.", PUBLIC HEARING REAL STONE & GRANITE CORPORATION FILE NO. CU-99-007 Ms. Cyndi Snay presented staff comments. Ms. Snay stated that she was presenting the petition of Real Stone & Granite Corporation to allow the manufacturing of cut stone and stone products in the IL (Industrial, Light) Zoning District for property located at 427 South Market Avenue. Ms. Snay stated that the applicants petition is not in conflict with any portion of the St. Lucie County Land Development Code. The proposed use is not expected to adversely impact the surrounding properties or the natural environment. Ms. Snay stated that applicant has indicated that the products will be manufactured entirely within a building utilizing water-fed hand tools for grinding and 100% air powered tools. There will be minimal pollution or impact to the environment from this use. Ms. Snay stated that staff finds the applicants request meets the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code and that the proposed use will not be in conflict with the Goals, Objectives and Policies of the St. Lucie County Comprehensive Plan. Ms. Snay stated that staff is recommending approval of the applicants request subject to the following condition: . The manufacturing of the stone products shall be conducted entirely within the enclosed building. Chainnan Wesloski asked ifthere were any questions for Ms. Snay. Mr. McCurdy asked Ms. Snay what the zoning is to the south and east. Ms. Snay stated CG (Commercial, General). Mr. Matthes asked Ms. Snay if there is an existing building on this parcel. Ms. Snay stated yes. Mr. Matthes asked Ms. Snay what is the existing use. Ms. Snay stated that the building is vacant. Planning & Zoning Commissionl Local Planning Agency September 16, 1999 Page 22 ~ .., Chairman Wesloski asked if there were any further questions for Ms. Snay. Chairman Wesloski asked if the applicant was present and would like to address the Board. Mr. Jose Ubilla, 427 South Market Avenue, Fort Pierce, addressed the Board. Mr. Ubilla stated that he is the owner of Real Stone & Granite Corporation and that he would be happy to answer any questions. Chairman Wesloski asked if there were any questions for Mr. Ubilla. Mr. Merritt asked Mr. Ubilla what type of stone will he manufacture. Mr. Ubilla stated marble and granite. Mr. Merritt asked Mr. Ubilla ifhe will manufacture any imitation materials. Mr. Ubilla stated no. Mr. Merritt asked Mr. Ubilla ifhe will use only natural stones. Mr. Ubilla stated yes. Mr. Merritt asked Mr. Ubilla what type of machinery will he use. Mr. Ubilla stated diamond blades for cutting, and water-fed machines for polishing. Mr. Merritt asked Mr. Ubilla if he will be doing any sand blasting. Mr. Ubilla stated no. Mr. Lounds asked Mr. Ubilla ifhe will be occupying the blue metal building. Mr. Ubilla stated yes. Chairman Wesloski asked if there were any further questions for Mr. Ubilla. At this time, Chairman Wesloski opened the public portion of the hearing. Chairman Wesloski asked if there was anyone that would like to speak in favor of or in opposition to this petition. Hearing no further arguments in favor of or in opposition to the petition, Chairman Wesloski closed the public portion of the hearing. Planning & Zoning Commission! Local Planning Agency September 16, 1999 Page 23 '-"' ...., Chairman Wesloski asked what would be the pleasure of the Board. After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in Section 11.07.03, St. Lucie County Land Development Code, Mr. McCurdy moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Real Stone & Granite Corporation, for a Conditional Use Permit to allow the operation of a stone cutting and fabrication business in the IL (Industrial, Light) Zoning District because it fits in with the character of the neighborhood with the following condition: . The manufacturing of the stone products shall be conducted entirely within the enclosed building. Mr. Grande seconded the motion. Chairman Wesloski asked if there was any discussion. Upon roll call, the motion was approved, 9-0. Chairman Wesloski stated that the petition would be forwarded to the Board of County Commissioners with a recommendation of approval. Planning & Zoning Commission/ Local Planning Agency September 16, 1999 Page 24 .." Section 11.07.01 (C) of the S1. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four-fifths (4/5) of all of the Board of County Commissioners. The Applicant proposes the Following Conditional Use: To allow the manufacturing of cut stone and stone products in the IL (Industrial Light) Zoning District. Regarding Property 427 South Market Avenue Located At: f............-_··__r_.._~_-_._---------~-.. ;1 ~ r-;' r~ n ~7 is r"j , i"':, .' ,., L\' ;~, ". -".,....."." . Cu"ently Zoned: Il (Industrial, Light) ¡i n(', d!..) I Please Return To: S1. Lucie County, Department of Community Development Planning Division 2300 Virginia Avenue, F1. Pierce, FL 34982 "'~ -~--_._._--, ... ....J Please check only one of the three following statements and return by: October 15, 1999 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR"OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE /' I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): LAU~\E, Ar-4~' ~!)ON\S\ 3!o llo S L) S ~ \. I ç'f- 1> \ E:.-'2....C£., ç: L 34 e>¡ ß 1- Address: Date: lof 81<=1') Signed: L4~ Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: (FILE NO. CU-99-007 REAL STONE & GRANITE CORPORATION) ~ ST. LUCIE COUNTY ...."" CONDIIlÓÑALUSE RE.SE.ONS.E-FORM Section 11.07.01 (C) of the S1. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four-fifths (4/5) of all of the Board of County Commissioners. The Applicant proposes the Following Conditional Use: To allow the manufacturing of cut stone and stone products in the IL (Industrial Light) Zoning District. ---------...~-_. .-.. Currently Zoned: IL (Industrial, Light) r ---.. I . ~ I I"" ' ¡ ~ ;. .: ~- R P ß n ::: " ;c_ .. Regarding Property Located At: 427 South Market Avenue OCT Please Return To: S1. Lucie County, Department of Community Development Planning Division 2300 Virginia Avenue, F1. Pierce, FL 34982 ~,..J Please check only one of the three following statements and return by: October 15,1999 I AM E PROPOSED CONDITIONAL USE r--- I AM NOT IN FAVOR OF HE PROPOSED CONDITIONAL USE TO THE PROPOSED CONDITIONAL USE -x I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Date: ~ í) kr=;f\-r Vo l.1.o"'ê u(c '3>'(04 ~DuT?f- U f..et ( FT f1fSÆct£/ F( .5'11/('2.. elLeL. I Signed: Name (Please Print): Address: lO/1jqc¡, Please note that any form r~turned without a name and address will not be considered. All returned forms are a matter of public record and available for viewina UDon reauest. -- Comments: C {) N.C£/L~ED AQ,o U~ W-o 1St- /ÛUsÍ / (!;) 0 ., b( G" C-A D I ~~ 1M I L... C b ~ ~ Av)o~ r f2 6;:, c.G""¡ ~ 'V. r II J..l-¡;pø Ý ~C>Dll f!.g;t µOISf'I1A/'fE:rt R.I~ Á)EfT./)oùL (FILE NO. CU-99-007 REAL S~ & GRANITE CORPORATION) C.4 L'- (Çf) - t tc ~) )/1) LL A-í/ D t' 5:TIt 7/'0)\1 II 7" f/JJT ))(2 1 v£ S; ò ¡/1 L' &f 1-11 CCJ ~ To f·'U::/L.) ¡J-W /+..,¿ I I ~ . '-' ...., AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, OCTOBER 19,1999 7:00 P.M. Petition of Real Stone & Granite Corporation, for a Conditional Use Permit to allow for the manufacturing of cut stone and stone products in the IL (Industrial, Light) Zoning District for the following described property: (Location: 427 South Market Avenue) 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 October 7, 1999. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on October 7, 1999. FILE NO. CU-99-007 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA OCTOBER 19, 1999 TO WHOM IT MAY CONCERN: NOTICE is hereby given in accordance with Section 11 .00.03 01 the SI. Lucie County Land Devel- opment Code and in accordance with the provisions of the SI. Lucie County Comprehensive .Plan, that the following applicants have requested that the SI. Lucie County Board of County Commission!"s consider their request as follows: 1. PAUL DUPONT, for a Change in Zoning from the RS-2 (Residential, Single-Family - 2 du/acre) Zoning District to the RM-9 (Residential, Multiple-Family - 9 du/acre) Zon- ing District for the following described property: Section 24. Township 35 South, Range 39 East, the south 'h of the southwest V. of the southeast V. 0 the northwest V. - less the west 80 leet of the east 160 feet of the north 125 feet of the south 150 feet of the south 'h of the southwest V- of the southeast V. of the northwest ';' and less the south 15 feet (4.90 AC) (OR 730-1691:1020- 426: 1026-1139) (Tax I.D. No. 2324-243-0002-000/2). Section 24, Township 35 South, Range 39 East, the west 80 feet of the east 160.feet of the north 125 leet of the south 150 leet of the south 'h of the southwest V. of th southeast 'I. of the northwest '/. (0.23 AC) (OR 225-2258) Tax I.D. No. 2324-243-0003-000/9). (Location: 6870 Andrews Avenue) 2. DOMINICK R. lIOCE, for a Change in Zoning !rom the PUD (Planned Unit Development) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District for the following described property: Section 22, Township 36 South, Range 41 East, a tract of land with a south line of 5767.86 feet north- erly 01 the south line of Section 27 and the north line is 6323.74 feet northerly of the south line of Sec- tion 27 and bounded on the west by the Indian River and bounded on the east by the west line of A 1 A right-ai-way as In DBK 219-163 (4.25 AC) (OR 979-824:828) (Tax I.D. No. 3522-342-0001-000/0). (Location: West side 01 South State Road A-I -A, adjacent to the south property line 01 the South Hutchin- son Island Water Reclamation Facility) 3: PIPPIN TRACTOR, lor a Change in Zoning !rom the AR-l (Agricul- tural. Residential - 1 du/acre) Zon- ing District to the CG (Commercial, General) Zoning District for the fol- lowing described property: All that certain tract of parcel 01 land lying, being and situated In Section 25, Township 34 South, Range 39 East, SI. Lucie County, Florida and this tract being mare particularly described as lollows: ~ ..." Commencing at the southwest cor· ner of Section 25, Township 34 South, Range 39 East; thence North 00.06'48" East, along the west line 01 said Section 25, a distance of 2655.28 feet to 0 point; thence North 89·43'39" East, a distance of 70.98 leet to a point in the east right-ol-way line of Kings High. way; thence North 00·01'15" East, 30.00 leet along the east righ,.of- way 01 Kings Highway, and the Point 01 Beginning of the herein described tract 01 land; thence North 00·01' IS" East, along the eost right-al.way line 01 said Kings Highway, 0 distance of 224.85 feet to a point; thence North 89.46'12" East, a distance of 624.89 feet to a point; thence South 00·01'15" West, a distance 01 224.38 feet to 0 point; thence South 89·43'39" West, a distance of 624.90 feet to the Point of Beginning and containing 3.22 acres 01 land, more or less. (part of Tax J.D. No. 1325·233-0000-000/7). (Location: East side of Kings High- way, op )foximotely 'h mile north of SI. Lucie Boulevard) 4. REAL STONE & GRANITE COR- PORATION, for a Conditional Use Pèrmit to allow stone cutting in the IL (Industrial, light) Zoning District lor the following described property: Section 34, Township 35 South, Range 40 East, Kellem's Subdivi· sion, !rom the soulheost corner of Lot 9, run West 265 feet to the Point of Beginning; thence continue West 199.9 feet; thence North 330 feet; thence East 174.9 feet; thence South 150 feet; thence East 25 feet; thence South 180 feet to the Point of Beginning - less the North 12 feet as in OR 384-196 (1.38 AC) (OR 748-2407, 2408) (Tax I.D. No. 2434-601-0036-000/5). (Location: 427 South Morket Avenue) PUBLIC HEARINGS will be held in the County Commission Chambers, 3rd floor of the Roger Poitras Administration Annex Build- ing, 2300 Virginlo Avenue, Fort Pierce, Florida on October 19, 1999, begiooing at 7:00 P.M. or as soon thereafter as possible. . Anyone with a disability requir- ing accommodation to attend this meeting should contact the St. Lucie County Community Services Man- ager at 561/462-1777 or TDD 561/462-1428 at least forty-eight (48) hours )fior to the meeting. PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to a~ peal any deci- sion mode by a . boord, agency, or commission with respect to ony matter considered at a meeting or hearing, he will need a record 01 the proceedings, and that, for such purposes, he may need to ensure that a verbatim record of the )fo- ceedings is made, which record includes the testimony and evi- dence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, flORIDA /S/ PAULA A. LEWIS, I CHAIRMAN íL. IlttJ S Pub.: Oct. 7, 1999 '-' ....." No. 7357 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA OCTOBER 19, 1999 TO WHOM IT MAY CONCERN: NOTICE is hereby given in accordance with Section 11 .00.03 of fhe SI. Lucie County Land Developmenf Code and in accordance with the provisions of the SI. Lucie County · Comprehensive Plan that the following applicanfs hove · requesfed fhat the SI. Lucie County Boord of County · Commissioners consider their following request os follows: 1. PAUl DUPONT, for a Change in Zoning from fhe R5-2 (Residential, Single-family - 2 dU/acre) Zoning Disflk:f fo the RM-9 (Residential, Multiple-Family - 9 dU/acre) Zoning District for the following described property: SECTION 24, TOWNSHIP 35 SOUTH, RANGE 39 EAST, THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 Of THE NORTHWEST 114 - LESS THE WEST BO FEET OF THE EAST 160 FEET OF THE NORTH 125 FEET OF THE SOUTH 150 FEET Of THE SOUTH 1/2 Of THE SOUTHWEST 114 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 114 AND LESS THE SOUTH 15 FEET (4.90 AC) (OR 730-1691:1020-426: 1 026-1139) (TAX I.D. NO. 2324-243-0002-000/2). SECTION 24, TOWNSHIP 35 SOUTH, RANGE 39 EAST, THE WEST BO FEET OF THE EAST 160 FEET Of THE NORTH 125 FEET Of THE SOUTH 150 FEET OF THE SOUTH 1/2 Of THE SOUTHWEST 114 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 114 (0.23 AC (OR 225-225B) (TAX I.D. NO. 2324-243-0003-000(9). 4. REAL STONE a. GRAN/Œ CORPORAtION, for a Condlttonat Use Permit to allow stone cutting In the Il (IndusIrtaI, light) Zoning District for the lollowlng described property: SECTION 34, TOWNSHIP 35 SOUTH, RANGE 40 EAST, KElLEM'S SUBDMSION, FROM THE SOUTHEAST CORNER Of LOT 9, RUN WEST 265 FEET TO THE POIN{ Of BEGINNING, THENCE CONTINUE WEST 199.9 FEET, THENCE NORTH 330 FEET, THENCE EAST 1 74.9 FEET, THENCE SOUTH 150 FEET. THENCE EAST 25 FEET, THENCE SOUTH 180 FEET TO THE POINT Of BEGINNING - LESS THE NORTH 12 FEET AS IN OR 384- 196 (1.3B AC) (OR 74B-2407, 2408) (TAX I.D. NO. 2434-601-0036-00015). (Lacation: 6B70 Andrews Avenue) . 2. DOMINICK R. UOCE. lor a Change In Zoning Irom the PUD (Planned Unit Development) Zoning District to the HIRD . (Hu1chinson Island Residential District) Zoning Disflk:t for the following described property: SECTION 22, TOWNSHIP 36 SOUTH, RANGE 41 EAST, A TRACT OF lAND WITH A SOUTH LINE OF 5767.86 FEET NORTHERLY Of THE SOUTH LINE Of SECTION 27 AND THE NORTH LINE IS 6323.74 FEET NORTHERLY OF THE SOUTH LINE Of SECTION 27 AND BOUNDED ON THE WEST BY THE INDIAN RIVER AND BOUNDED ON THE EAST BY THE WEST LINE Of AlA RIGHT-OF-WAY AS IN DBK. 219-163 (4.25 AC) (OR 979-824:828) (TAX 1.0. NO. 3522-342-QOO1-QOOfO). (Location: West side ot South State Rood A-1-A. ad acent to the south property line 01 the South Hutchinson Island Water Reclamation facility) 3. PIPPIN tRACTOR. for a Change In Zoning from the M-l (Agricultural. Residential - 1 dU/acre) Zoning Dtstrk:t to the CG (Commercial, Generaij Zoning Districlfor the following described property: All THAT CERTAIN TRACT OF PMCEL OF lAND LYING. BEING AND SIlUATED IN SECTION 25, TOWNSHIP 34 SOUTH. RANGE 39 EAST, ST. LUCIE COUN1Y flORIDA AND THIS TRACT BEING MORE PMTlCUlARLY DESCRI8ED AS FOllOWS: COMMENCING þJ THE $OUTHWEST CORNER Of SECTION 25, TOWNSHIP 34 SOUTH. RANGE 39 EAST; THENCE NORTH 00" 06'48" EAST. AlONG THE WEST LINE OF SAID SECTION 25. A DISTANCE OF 2655.28 FEET TO A POINT; THENCE NORTH 89" 43'39' EAST, A DISTANCE OF 70.98 FEET TO A POINT IN THE EAST RIGHT-Of-WAY LINE OF t<lNGS HIGHWAY; THENCE NORTH 00· 01 '15' EAST, 30.00 FEET AlONG THE EAST RIGHT-OF-WAY OF SAID t<lNGS HIGHWAY, AND THE POINT Of 8EGINNING OF THE HEREIN DESCRI8ED TRACT Of lAND; THENCE NORTH 00" 01'15" EAST. AlONG THE EAST RIGHT-OF-WAY LINE Of SAID K.INGS HIGHWAY, A DISTANCE OF 224.85 FEET TO A POINT: THENCE NORTH 89" 46'12' EAST. A DISTANCE OF 624.89 FEET TO A POINT; THENCE SOUTH 00· 01 '15" WEST, A DISTANCE OF 224.38 FEET TO A POINT; .. THENCE SOUTH 89" 43'39" WEST, A DISTANCE OF 624.90 FEET TO THE POiNT OF 8EGINNING AND CONTAINING 3.22 ACRES OF lAND, MORE OR LESS. (PART OF TAX I.D. NO. 1325-233-0000-00017). (Location: 427 South Markef Avenue) PUBUC HEARINGS will be held In the County Commission ChamberS, 3rd ftoor 01 the Roger PoItras Admlnlstraflon AMex Building. 2300 VIrginia Avenue, Fort Pierce. Florida on October J9, 1999, beginning at 7:00 P.M. or as soon thereafter as possible. . AAyone with a disability requiring accommodallon to dtend this meeting should contacf the SI. lucie County Çommunlty Services Manage! of 5611462-1777 or 10D 561/462-1428 of least forty-elghl (48) houIs prior 10 the meeting. PURSUANf TO Section 286.01 OS. Florida SIafutes. If a person decides 1o appeal any decision made by a boord. agency. « commission with respect 1o any matfer considered at a meeting or hearing, he will need a record 01 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 appeat Is to be based. BOARD Of COUNTY COMMISSIONERS ST. LUCIE COUN1Y. FlORIDA /Sf PAUlA A. lEWIS, CHAIRMAN Publish: OClober 7, 1999 (Location: East side 01 lOngs Highway, approximately 1/2 mile north of SI. Lucie Boulevard) Ρu D WI"-<.. '-' ...." PLANNING AND ZONING COMMISSION REVIEW: 09/16/99 File Number CU-99-007 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT FROM: Planning and Zoning Commission Planning Manager rß- September 8, 1999 TO: DATE: SUBJECT: Application of Real Stone & Granite Corporation for a Conditional Use Pennit to allow the manufacturing of cut stone and stone products in the II.. (Industrial, Light) Zoning District. LOCATION: 427 South Market Avenue ZONING DESIGNATION: IL (Industrial, Light) LAND USE DESIGNATION: IND (Industrial) PARCEL SIZE: 1.38 acres PROPOSED USE: Stone cutting and fabrication SURROUNDING ZONING: II.. (Industrial, Light) to the north and west, City ofFt. Pierce CG to the south and east. SURROUNDING LAND USES: Industrial to the north and west, City of Ft. Pierce Commercial to the south and east. FIREIEMS PROTECTION: Station # 6 (350 East Midway Road) is located approximately 1.5 miles to the south. UTILITY SERVICE: Private well water and septic sewer system. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for South Market Avenue is 60 feet. ~ ~ September 8, 1999 Page 2 Petition: Real Stone & Granite Corp. File No.: CU-99-007 SCHEDULED IMPROVEMENTS: None TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed conditional use, the Planning and Zoning Commission shall consider and make the following detenninations: 1. Whether the proposed conditional use is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed conditional use is not in conflict with any applicable portions of the St. Lucie County Land Development Code. Section 3.01.03(T)(7), IL (Industrial, Light)-Zoning District, allows establishments which specialize in cutting stone and making stone products as a conditional use. 2. Whether and the extent to which the proposed conditional use would have an adverse impact on nearby properties; The proposed conditional use is not expected to adversely impact the surrounding properties. The proposed site is located within an area zoned for Light Industrial businesses. The products are manufactured entirely within the building. The applicant has indicated that the business will utilize only water-fed hand tools for grinding and 100% air powered tools. The tools being utilized will minimize any pollution impacts. 3. Whether and the extent to which the proposed conditional use would be served by adequate public facilities and services, including roads, police protection, solid waste disposal, water, sewer, drainage structures, parks, and mass transit; This conditional use is not expected to create significant additional demands on any public facilities in this area. The proposed property receives water and sewer thorough an on-site well and septic sewer system. 4. Whether and the extent to which the proposed conditional use would result in significant adverse impacts on the natural environment; '-' ...., September 8, 1999 Page 3 Petition: Real Stone & Granite Corp. File No.: CU-99-007 The proposed conditional use is not anticipated to create adverse impacts on the natural environment. The proposed marble and granite cutting and polishing establishment must comply with all state and federal regulations concerning its operation. COMMENTS The applicant, Real Stone & Granite Corporation, has applied for the requested conditional use pennit in order to operate a manufacturing business specializing in marble and granite cutting and polishing for property located at 427 South Market Avenue located in the IL (Industrial, Light) Zoning District. Businesses specializing in cut stone and stone products are allowed as conditional uses in the IL (Industrial, Light) Zoning District upon approval of the Board of County Commissioners. In this case, the stone cutting is entirely within the building. In addition, the applicant has indicated that in order to minimize pollution fÌ'Om the cutting of the stone, the business will utilize 100% air-powered tools along with water-fed hand tools for grinding. Staff finds that this petition meets the standards of review as set forth in Section 11.07.03 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. Staff recommends that you fOlWard this petition to the Board of County Commissigners with a recommendation of approval, subject to the following condition: - The manufacturing of the stone products shall be conducted entirely within the enclosed building. Please contact this office if you have any questions on this matter. Attachment cs cc: Jose Ubilla, Real Stone & Granite Corp. File '-" ...", Section 3.01.03 Zoning District Use Regulations T. 11:. INDUSTRIAL. LIGHT 1. Purpose The purpose of this district is to provide and protect an environment suitable for light manufacturing, wholesale, and warehousing activities that do not impose undesirable noise, vibration, odor, dust, or other offensive effects on the surrounding are, together with such other uses as may be necessary to and compatible with light industrial surroundings. The number in "0" following each identified use corresponds to the SIC code reference described in Section 3.01.02{B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Business services (73) b. Communications - including telecommunication towers - subject to the standards of Section 7.10.23 (48) . c. Construction services: (1) Building construction - general contractors (15) (2) Other construction - general contractors (16) (3) Construction - special trade contractors (17) d. Engineering, architectural and surveying services (871) e. Commercial fishing (091) f. Laundry, cleaning & garment services (721) g. local & suburban transit (41) h. Manufacturing: (1) Food and kindred products (20) (2) Tobacco products (21) (3) Textile mill products (22) (4) Apparel & other finished products t23) (5) Furniture & fixtures (25) (6) Printing, publishing and allied industries (27) (7) Drugs (283) (8) Leather & leather products (31) (9) Glass: (a) Flat glass (321) (b) Glass & glassware - pressed or blown (322) (c) Glass products - made of purchased glass (323) (10) Fabricated metal prod. - except machinery & transport. equip.: (a) Metal cans & shipping containers (341) (b) Cutlery, handtools & general hardware (342) (c) Heating equipment, except electric and warm air, and plumbing fixtures (343) (d) Fabricated structural metal products (344) (e) Coating, engraving & allied services (347) (f) Miscellaneous fabricated metal products - (1) Wire products (3495) (2) Misc. fabricated wire products (3496) (3) Metal foil & leaf (3497) (4) Fabricated metal products - NEC (3499) (11) IndustriaVcommercial machinery & computer equipment: (a) Metalworking machinery & equipment (354) (b) Special industry machinery, except metalworking machinery (355) (c) General industrial machinery & equipment (356) Adopted August 1. 1990 121 Revised Through04/15199 '-' ~ Section 3.01.03 Zoning District Use Regulations (d) Computers & office equipment (357) (12) Electronic & other electrical equipment and components, except computer equipment: (a) Household appliances (363) (b) Electric lighting & wiring equipment (364) (c) Household audio & video equipment (365) (d) Communications equipment (366) (e) Electronic components & accessories (367) (f) Misc. electrical machinery equipment & supplies (369) (13) Measuring, analyzing and controlling instruments (38) (14) Photographic, medical and optical goods (38) (15) Watches & clocks (38) (16) Misc. manufacturing industries: (a) Jewelry, silverware, and platedware. (391) (b) Musical instruments and parts. (393) (c) Dolls, toys, games & sporting goods (394) (d) Pens, pencils, & other office & artists' materials. (395) (e) Costume jewelry, costume novelties, and notions. (396) (f) Brooms and brushes. (3991) (g) Signs and advertising displays. (3993) (h) Morticians goods. (3995) (i) Manufacturing industries, NEC. (3999) (17) Plastic products .-fabrication, molding, cutting, extrusion, and injection processing. (308) . . i. Marinas (4493) j. Millwork and structural wood members. (243) k. Motion pictures (78) I. Motor freight transportation & warehousing. (42) m. Repair services: (1) Automotive & automotive parking (75) (2) Electrical (762) (3) Watch, clock & jewelry repair (763) (4) Reupholstery & furniture repair (764) (5) Misc. repairs & services (769) n. Retail trade: (1) Lumber & other building materials (521) (2) Paint, glass & wallpaper (523) (3) Hardware (525) (4) Nurseries, lawn & garden supplies (526) (5) Mobile home dealers (527) (6) AutomotivelboaVRV/motorcycle dealers (55) (7) Gasoline service (55) (8) Furniture & furnishings (57) o. Research, development, and testing services. (873) p. Ship, boat building & repairing -less than forty-five (45) ft. (373) q. Sorting, grading & packaging services - citrus/vegetables (0723) r. Vocational Schools (824) s. Wholesale trade - durable goods: (1) Motor vehicle and automotive equipment. (501) (2) Furniture and home furnishings.(502) (3) Lurnber and other building materials. (503) (4) Professional & commercial equipmenUsupplies. (504) Adopted August 1. 1990 122 Revised Through04/15199 ~ ..., Section 3.01.03 Zoning District Use Regulations (5) Metals & minerals except petroleum. (505) (6) Electrical goods. (506) (7) Hardware, plumbing and heating equipment, and supplies. (501) (8) Machinery, equipment, and supplies. (508) (9) Misc. durable goods: (a) Sporting and recreational goods (5091) (b) Toys & hobby goods (5092) (c) Jewelry, watches, precious stones & metals. (5094) (d) Durable goods NEC (5099) 1. Wholesale trade - nondurable goods: (1) Paper and paper products. (511) (2) Drugs (512) (3) Dry goods and apparel. (513) (4) Groceries and related products. (514) (5) Farm products - raw materials. (515) (6) Chemicals, and allied products. (516) (7) Beer, wine, and distilled alcoholic beverages. (518) (8) Misc. nondurable goods: (a) Farm supplies (5191) (b) Books, periodicals & newspapers (5192) (c) Flowers, nursery stock & florists' supplies (5193) (d) Tobacco/tobacco products (5194) (e) Paints, varnishes & supplies (5198) (f) Nondurable goods, NEC(5199) u. Mobile food vendors (999) . v. Single family detached dwelling unitS provided that the single family dwelling unit is locatëd on an existing lot or parcel or record, as further defined in this code, that was existing on or before August 1, 1990. (999) 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Offstreet Parking and Loading Requirements Offstreet parking and loading requirements are subject to Section 7.06.00. . 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses a. Airports, landing and takeoff fields - general aviation (4581) b. Manufacturing: (1) Cut stone and stone products. (328) (2) Motorcycles, bicycles, and parts. (315) (3) Wood contain~rs, wood buildings and mobile homes. (244/245) Adopted August 1, 1990 123 Revised Through04/15199 '-' """'" Section 3.01.03 Zoning District Use Regulations c. Ship, boat building & repairing (excluding ship or boat salvaging) - Forty-five (45) to one- hundred fifty (150) ft (373) do Wholesale: (1) Petroleum bulk stations and terminals. e. Scrap and waste materials - subject to the provisions of Section 7.1 0.12.A. 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. Co-generation facilities. (999) b. Fueling facilities. (999) c. Industrial wastewater disposal. (999) d. One detached single-family dwelling or mobile home for on-site security purposes per property. (999) e. Retail trade accessory to the primary manufacturing or wholesaling use. 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MJ..!c M ..!. ....!.. ..!c It = ~ Nlo 0 0 0 N 0 0 0 0 0 0 010 0 0 0 0 0 0 NON 000 · .::= ~ "'7r"? '9 ~ "'?"'7 "'i' '9 ~ '7' '9 '9 '9.";> '9 v;' '9 '9 ";\ "? '7 "9 '7 '9 '9 '9 c...... ~ ~I~ ~ ~I~ ~ ~ ~ ~,~ ~ ~ ~I~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 1 ~ (IS (IS ~,~ M ~ ~ ~ M ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ M ~ ~ ~ ~ ~ ~ 'I"" ~ c.... ~!~ ~ ~I~ ~ ~ ~ ~,"t,"t ~ ~I~ ~ ~ ~,~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ... NIN N N N N N N N·""..... N NIN N N N N N N N N N N N N ~ ~ ~ -- - - -... W' ... W' ~ """I!!" ......... ..., 3fJ Section 11.07.01 (C) of the S1. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four-fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes the Following Conditional Use: To allow the manufacturing of cut stone and stone products in the IL (Industrial Light) Zoning District. Regarding Properly Located At: 427 South Market Avenue ~ì G I ~ rr ! : I ' r-;,: ß . 1.:: n \'7 rr: ;---\1· ~ II ;_.1 ;J 1 ~ 1 ¡ . :: .~ < '.... c:.,...., ; ~) ; Currently Zoned: IL (Industrial, Light) OCT ¡:~' ,ì , . , : Please Return To: S1. Lucie County, Department of Community Development Planning Division 2300 Virginia Avenue, F1. Pierce, FL 34982 --"" .'{,,.....,.:, ....., 'or' _.....~_. _ .·_w___.-._ Please check only one of the three following statements and return by: October 15. 1999 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED ClONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE x I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Date: 1:~:~~ .~~~ Áv~ ,A "/~ f¿ .$ýr;3¿ , , ~~.~ /o}¡o /qQ / Signed: Name (Please Print): Address: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: (FILE NO. CU-99-007 REAL STONE & GRANITE CORPORATION) .... F ~ ~GENDA REQUEST I~M NO. 5E DATE: 10/19/99 CONSENT REGULAR PUBLIC HEARING [ X ] Leg. [] Quasi -Jud. [X] Community Development PRESENTED BY: M-0" TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: SUBcTECT : BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [ X] APPROVED [ ] OTHER: County Attorney: ý Request for Rezoning of Property located on the west side of South SR A-I-A, adjacent to the south property line of the South Hutchinson Island Water Reclamation Facility from the PUD (Planned Unit Development - Pelican Pointe) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District - Draft Resolution 99-192 Petition of Dominick Lioce, for a Change in Zoning from the PUD (Planned Unit Development Pelican pointe) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District. The stated purpose of the rezoning is to allow the subject property to be developed for a 9-Lot Single-Family Residential Subdivision on a 4.67 acres parcel of property. (File No.: RZ-99-021) N/A The Planning and Zoning Commission, by a vote of 9 to 0, recommended approval of the rezoning at its September 16, 1999, meeting. Approve Draft Resolution 99-192 changing the zoning from the PUD (Planned Unit Development Pelican pointe) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District for a 4.67 acres parcel of property located adjacent to the south property line of the South Hutchinson Island Water Reclamation Facility. DENIED Review and Approvals Management & Budget: Other: Purchasing: Other: Originating Department: Finance: (Check for Copy only. if applicable) ¥ ..., COUNTY COMMISSION REVIEW: October 19,1999 Resolution 99-192 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: October 13, 1999 Subject: Petition of Dominick Lioce, for a Change in Zoning from the PUD (Planned Unit Development - Pelican Pointe) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District. (File No.: RZ-99-021) The proposed rezoning of a 4.67 acre parcel of property located adjacent to the south property line of the South Hutchinson Island Water Reclamation Facility, from the PUD (Planned Unit Development - Pelican Poinfë) Zoning District to the HIRD ~Hutchinson Island Residential District) Zoning District is to allow for the· development of the subject property as a 9-Lot Single- Family residential development. The subject property was rezoned to PUD as a part of the Pelican Pointe - PUD, which included two other parcels. These parcels are no longer in common control. The approved PUD has expired and cannot be built. This rezoning is required to allow for development of the parcel. The proposed 9- Lot subdivision is essentially the same as that approved in the PUD. At the September 16, 1999, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 9 to 0, recommended approval of this petition. 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 PUD (Planned Unit Development - Pelican Pointe) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District as set forth in Draft Resolution 99-192. SUBMITTED: lia Shewchuk, AICP ommunity Development Director hf cc: Dominick Lioce Greg Boggs 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 '-" '.."I RESOLUTION 99-192 FILE NO.: RZ-99-021 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE PUD (PLANNED UNIT DEVELOPMENT - PELICAN POINTE) ZONING DISTRICT TO THE HIRD (HUTCHINSON ISLAND RESIDENTIAL DISTRICT) ZONING DISTRICT OF CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Dominick Lioce, presented a petition for a Change in Zoning from the PUD (Planned Unit Development - Pelican Pointe) Zoning District to the HIRD (HUtchinson Island Residential District) Zoning District for the property described below. 2. On September 16, 1999, the S1. 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 PUD (Planned Unit Development - Pelican Pointe) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District for the property described below. 3. On October 19,1999, 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 S1. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the S1. 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. File No.: RZ-99-021 October 19. 1999 Resolution 99-192 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 '-" ...." 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: SECTION 22, TOWNSHIP 36 SOUTH, RANGE 41 EAST, A TRACT OF LAND WITH A SOUTH LINE OF 5,767.86 FEET NORTHERLY OF THE SOUTH LINE OF SECTION 27 AND THE NORTH LINE IS 6,323.74 FEET NORTHERLY OF THE SOUTH LINE OF SECTION 27 AND BOUNDED ON THE WEST BY THE INDIAN RIVER AND BOUNDED ON THE EAST BY THE WEST LINE OF A-1-A RIGHT-OF-WAY. (Tax ID #: 3522-342-0001-000/0). SAID PARCEL CONTAINS 4.67 ACRES (Location: West side of South SR A-1-A, adjacent to the south property line of the South Hutchinson Island Water Reclamation Facility) owned by Dominick Lioce, is hereby changed from the PUD (Planned Unit Development - Pelican Pointe) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District. B. The St. Lucie County Community Development Director is hereby authorized and directed to cause the change to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman Paula A. Lewis xxx Vice-Chairman John D. Bruhn xxx XXX Commissioner Frannie Hutchinson Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX File No.: RZ-99-021 October 19, 1999 Resolution 99-192 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 'w' ..", PASSED AND DULY ADOPTED This 19th Day of October 1999. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: County Attorney Deputy Clerk hf H:\WP\RESOLUTI.N\FINISHED.99\PeIPt.RZ\PelptRES.wpd File No.: RZ-99-021 October 19, 1999 Resolution 99-192 Page 3 '-' ...., --..-- z Q) VI E 0 .J " .. C .J .. 0 " VI ~ E '" ai :..J .,.- ,,-'" C\J ~ C J " 0 · W 0 , t > .- .. 0: I " .J , 0 a " "' . E (j) ",," ~ 0 ~ (j) .J 0 · Ï .~ "2 ø. ~ 0 " ;:J - f r E " ø. 0 C N E:2 ø. t. · 0: o "- ::I ~ E 0 u " 0> '" \ t. '" 0 0 '\ " 0 0 '\ :1 ... ... ... '" ... '" a: ~ Z ::J 0 ~ ü Z ::J 0 ov~ 3Nl Y.JN't'Y Ü a: w :; > . ! ã: I. ~ ... .. ~ Ii! ... Z .. :! ~ ~ '" .. .. I· ~ '" a: QYO>I 033NS ~ ~ .C·~ ~ ~ ... i ! ~ .. '" a: S 1'[ 1 S Ç[ 1 S fJ[ 1 AlNn08 3380H833)10 ... .. '" , c¡. '-" """", Dominick R. Lioce Zoning \ \ \ \ \ \ \ \ \ \ HIRD \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ~ ~ () -:) ~. (\ Indian River \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ o (\ ('i) () -:) \ HIRD\ \ \ \ \ \ RZ 99-021 ., Community Development ~ f;i ~ Geographic Information Systems_ . . Map revised August 19,1999 ,.c¡ _ mII >.... -. ~ torgoonoralpIarMg one!'- puIpOOOOI rrit· _ .-y effort hu -. modo 10 provide ... .-........ one! ........ N in/onn8Iion __. k io not _ tor use .. . IagaIIy _ docunw1L '-' ...., Dominick R. Lioce Land Use \ \ CPUB \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ~ \ \ \ \ .-/ RM \ \ ~ \ \ r:;. 0 \ \ \ \ 0 \ \ 0 \ ('i) \ ~ \ \ \ \ \ Indian River \ \ RZ 99-021 .. Community Development t >:i -< Geographic Information Systems. . . Map revised August 19,1999 l ~ =. -::-.:... ~ ....:':"'~~ .=~'"= only. N JnIonnaIion __.110 not _ !of.... u . IagaIy _ -- '-" w PUBLIC HEARING DOMINICK R. LIOCE FILE NO. RZ-99-021 Mr. Hank Flores presented staff comments. Mr. Flores stated that he was presenting the petition of Dominick R. Lioce for a Change in Zoning ITom the PUD (planned Unit Development - Pelican Point) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District for approximately 5.28 acres of property located on the west side of South State Road A-I-A, adjacent to the south property line of the South Hutchinson Island Water Reclamation Facility. Mr. Flores stated that the proposed use of the subject property is for the development of a nine lot residential subdivision. Mr. Flores stated that the surrounding zoning to the subject property is HIRD (Hutchinson Island Residential District) to the north, east, south and southeast. PUD (Planned Unit Development - Pelican Point) to the east. U (Utilities) to north. 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. Mr. McCurdy asked Mr. Flores how much of the 5.28 acres is above the Mean High Water Line. Mr. Flores stated 5.28 acres. Chairman Wesloski asked if there were any further questions for Mr. Flores. Chairman Wesloski asked ifthe applicant was present and would like to address the Board. Mr. Greg Boggs, Thomas Lucido & Associates, 100 Avenue A, Suite 2A, Fort Pierce, addressed the Board. Mr. Boggs stated that he represents Dominick R. Lioce. He stated that he has the development team with him tonight if the Board would like to ask any questions. Mr. Boggs stated that they are requesting a Change in Zoning ITom the PUD (planned Unit Development - Pelican Pointe) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District to allow a straight zoning single-family subdivision. Mr. Trias asked Mr. Boggs why this is zoned PUD (Planned Unit Development). Planning & Zoning Commission! Local Planning Agency September 16, 1999 Page 16 '-" """'" Mr. Boggs stated that a couple of years ago a PUD (Planned Unit Development) was designed and approved which included the east side. The PUD has expired and that particular development team has disbanded. Mr. Boggs stated that the west side has come back and a PUD (Planned Unit Development) is no longer necessary and they would like to revert back to the original zoning. Ms. Dreyer asked Mr. Boggs why the small parcel just to the south is not included in the rezoning. Mr. Boggs stated that it is owned by a separate entity. Ms. Dreyer asked Mr. Boggs what is on this small parcel. Mr. Boggs stated that it is undeveloped. Mr. Flores stated that the original PUD (planned Unit Development) contained three parcels. Mr. Grande stated that nine residential sites are well within what HIRD would allow. He believes that is approximately seven over commencement level and would run into approximately $90,000 in Alternate Development Fees in lieu ofImpact Fees. Mr. Flores stated that he has not calculated what the fees will be. He stated that he 'believes some of the lots will be subject to the Alternate Development Fee and staff has detennined that the Alternate Development Fee includes Road Impact Fees. Mr. Grande stated that Road Impact Fees would not be in addition to, it would be in lieu of. Mr. Flores stated yes. Mr. Grande asked Mr. Boggs if there was a reason for HIRD (Hutchinson Island Residential District) as opposed to a PUD (planned Unit Development). Mr. Boggs stated that the perfonnance standards outlined in PUD (planned Unit Development), are not called for in this basic and very fundamental single-family subdivision. Mr. Trias asked Mr. Boggs what is the result of the site plan that is no longer active, when only one parcel is being rezoned, what does PUD (Planned Unit Development) mean on the other parcels. Mr. Boggs stated that the approved development plan contained forty-five units, has expired. The underlying PUD (planned Unit Development) zoning is still in effect. He stated that someone could come in, prepare a development plan under PUD (planned Unit Development) for the other two parcels, and go before the County Commission for site plan approval. Planning & Zoning Commission! Local Planning Agency September 16, 1999 Page 17 '-" ...., Mr. Flores stated that any type of development on the PUD (planned Unit Development) would need to come back before this Board, and the Board of County Commissioners. It would need to be rezoned, because the site plan which is tied to the zoning, has expired. Chainnan Wesloski stated that in other words it is not zoned at this time, because the PUD has expired. Mr. Moore clarified with Mr. Boggs that he is planning to place nine home sites. Mr. Boggs stated yes. Mr. Grande stated that he believes nine homes is a great plan. He stated that he has a problem with the nine unit plan not being part of this approval and that this Board is being asked to approve the ability to build twenty-five or twenty-six unit on this property. Mr. Grande asked Mr. Flores if the property were to remain PUD (Planned Unit Development), the applicant could come in with a nine single-family home plan as the PUD (Planned Unit Development). Mr. Flores stated yes. Mr. Grande stated thathe would like to recap, if this Board approves this rezoning, we are stating that the applicant can put in up to twenty-five or twenty-six units. Mr. Flores stated that the zoning would allow possibly twenty-five or twenty-six units. Mr. Grande stated that the parcel is already zoned PUD (planned Unit Development) and if it were left at PUD (planned Unit Development) the applicant could come in with the nine single-unit lots as the PUD (planned Unit Development) and ask for approval of the PUD (Planned Unit Development) as opposed to a rezoning, and the County would be guaranteed the nine units. Mr. Flores indicated that Mr. Boggs stated the development regulations of the PUD (planned Unit Development) would prohibit him iTom doing the type of plan that he is looking at for the nine units with a straight zoning. Mr. Grande asked Mr. Flores if a PUD (planned Unit Development) could be submitted that contains nine single-family units. Mr. Flores stated that he believes Mr. Boggs is unable to submit the plan he is looking at as a PUD (Planned Unit Development) and asked Mr. Boggs to confinn. Mr. Grande stated that he would like to have this confmned because it sounds like this application 1S unnecessary. Planning & Zoning Commission! Local Planning Agency September 16, 1999 Page 18 ~ ~ Mr. Flores stated that a rezoning is required on this property, either as a PUD (Planned Unit Development) or HIRD (Hutchinson Island Residential District). Mr. Grande asked Mr. Flores if the applicant came back with a PUD (planned Unit Development) containing nine units, would that be an approvable PUD (Planned Unit Development) plan. Mr. Flores stated that the original PUD (Planned Unit Development) included the east and west side. Mr. Grande asked Mr. Flores if the applicant could submit the existing plan for a nine unit residential community as a PUD (Planned Unit Development). Mr. Matthes asked Mr. Flores if the applicant goes forward with a PUD (planned Unit Development) he would come back before this Board to approve the PUD (Planned Unit Development). If the applicant goes forward with HIRD (Hutchinson Island Residential District) it will go through the standard St. Lucie County Subdivision process. Mr. Flores stated that is correct, as a minor site plan approval. Mr. Matthes stated that the only differences are 45, 60, sometimes 90 days of time, and that this Board would see it again as a PUD (Planned Unit Development). Mr. Grande stated that the applicant could have come here tonight with a PUD (planned Unit Development) to approve the exact plan presented to staff since the land is already zoned PUD (Planned Unit Development). That would have given this Board the ability tonight to approve the exact plan in one shot, with no time wasted. Mr. Kelly stated that either situation described by Mr. Grande would have required a change in zoning. It would have been from PUD to PUD. It would have been a new development plan and that site plan would have been tied to the zoning, which would have been a new PUD. Mr. Kelly stated that Mr. Boggs and the Development Team need to respond to whether the PUD (Planned Unit Development) would meet the open space requirements with the straight subdivision he is looking at. Mr. Boggs stated that they did not take the site and run the calculations as a PUD (Planned Unit Development). He stated that if Mr. Grande is concerned that they could come back with twenty- five units, that is not why they are going through rezoning back to HIRD (Hutchinson Island Residential District). He stated that the land plan they prepared does not need a PUD (planned Unit Development), it is a stand alone, very straight forward subdivision. He stated that there was no need to go through unnecessary public hearings and additional fees for nine single-family sites. Mr. Boggs stated that they did not intentionally avoid coming in with a PUD (Planned Unit Development), they just didn't need it. He stated that they have applied for variances to go PUD (planned Unit Development) on sites less than ten acres. He stated that in this particular case, it was Planning & Zoning Commission! Local Planning Agency September 16, 1999 Page 19 - '-'" ~ so simple to revert to HIRD (Hutchinson Island Residential District) to get the subdivision approved and built in a timely fashion, for nine seventy-five foot wide lots. Mr. Grande stated that he thinks the plan is great, and he expects to vote in favor of this application. He stated that he is a little sensitive about two areas: contract zoning and statements that are asked of people asking for a zoning changes which enter into that gray area. Mr. Grande stated that he would like to ask Mr. Boggs a question and get a straight answer. He asked Mr. Boggs if this Board approves HIRD (Hutchinson Island Residential District) zoning which will be followed up with a site plan presentation to staff, will this create a problem for him if staff does not approve a site plan which is not generally similar to what he has been discussing so far. Mr. Boggs stated that knowing the land and the site there will not be any particular concerns staff could raise that would make it a difficult planning challenge for him or for the owner to overcome. He stated that often there are a few tweaks that need to be made in a subdivision layout. Mr. Grande stated that he assumes Mr. Boggs has discussed with staff the overall layout of the nine unit subdivision which he believes is similar to the original overall PUD (Planned Unit Development). Mr. Boggs stated yes. Mr. Grande asked Mr. Boggs if the final site plan doesn't resemble the original PUD (planned Unit Development), and staff found reason to question the site plan, would that be a problem. Mr. Boggs stated no. Mr. Trias stated that he is ready to support the rezoning because it makes sense. He stated that he would like to make one editorial comment. Here we see the problems that we have with zoning. Zoning is not a very good tool for smart growth and good design. He stated that in this case it makes a lot of sense to go back to the previous zoning and it just shows how incredibly impractical the process becomes. Chainnan Wesloski asked if there were any further questions or comments. At this time, Chainnan Wesloski opened the public portion of the hearing. Chainnan Wesloski asked ifthere was anyone 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 Wesloski closed the public portion of the hearing. Chainnan Wesloski asked what would be the pleasure of the Board. Planning & Zoning Commission! Local Planning Agency September 16, 1999 Page 20 '-' ...,., After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in Section 11.06.03, St. Lucie County Land Development Code, Mr. Grande moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Dominick Lioce, for a Change in Zoning from the PUD (planned Unit Development - Pelican Pointe) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District because the application is consistent with the surrounding land use and would be beneficial to the County. Mr. McCurdy seconded the motion. Chainnan Wesloski asked if there was any discussion. Upon roll call, the motion was approved, 9-0. 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 September 16. 1999 Page 21 '-" ...", AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDA Y, OCTOBER 19, 1999 7:00 P.M Petition of Dominick R. Lioce, for a Change in Zoning from the PUD (Planned Unit Development - Pelican Pointe) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District for the following described property: (Location: West side of South State Road A-I-A, adjacent to the south property line of the South Hutchinson Island Water Reclamation Facility) 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 October 7, 1999. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on October 7, 1999. FILE NO. RZ-99-021 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA OCTOBER 19, 1999 TO WHOM IT MAY CONCERN: NOTICE is hereby given in accordance with Section 11.00.03 of the St. Lucie County Land Devel- opment Code and in accordance with the provisions of the St. Lucie County Comprehensive Plan, that the fallowing applicants have requested that the St. Lucie County Board of County CommissionJIrs consider their request as follows: 1. PAUL DUPONT, for a Change In Zoning from the RS-2 (Residential, Single-Family - 2 du/acre) Zoning District to the RM-9 (Residential, Multiple-Family - 9 du/acre) Zon- ing District for the following described property: Section 24, Township 35 South, Range 39 East, the south 'h of the southwest V. of the southeast V. 0 the northwest V. - less the west 80 feet of the east 160 feet of the north 125 feet of the south 150 feet of the south 'h of the southwest V- of the southeast V. of the northwest 'I. and less the south 15 feet (4.90 AC) (OR 730-1691: 1020- 426:1026-1139) (Tax 1.0. No. 2324-243-0002-000/2). Section 24, Township 35 South, Range 39 East, the west 80 feet of the east 1 60. feet of the north 1 25 I feet of the south 150 feet of the south 'h of the southwest V. of th southeast V. of the northwest V- ¡ (0.23 AC) (OR 225-2258) Tax 1.0. No. 2324-243-0003:000/9). (Location: 6870 Andrews Avenue) 2. DOMINICK R. lIOCE, for a Change in Zoning from the PUD (Planned Unit Development) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District for the following described properly: Section 22, Township 36 South, Range 41 East, a tract of lond wnh a south line of 5767.86 feet north- erly of the south line of Section 27 and the north line Is 6323.74 feet northerly of the south line of Sec- tion 27 and bounded on the west by the Indian River and bounded on the east by the west line of A 1 A right-of-way as in D8K 219-163 (4.25AC) (OR 979-824:828) (Tax 1.0. No. 3522-342-0001-000/0). (Location: West side of South State Road A-I-A, adjacent to the south property line of the South Hutchin- son Island Water Reclamation Facility) 3: PIPPIN TRACTOR, for a Change i~ Zoning from the AR-1 (Agricul- tural, Residential - 1 du/acre) Zon- ing District to the CG (Commercial, General) Zoning District for the fol- lowing described properly: All that certain tract of parcel of land lying, being and situated in Section 25, Township 34 South, Range 39 East, St. Lucie County, Florida ond this tract being more particularly described as follows: '-' ....., Commencing at the southwest cor- I ner of Section 25, Township 34 South, Range 39 East; thence North 00°06'48" East, along the west line of said Section 25, a distance of 2655.28 feet to a point; thence North 89°43'39" East, 0 distance of 70.98 feet to a point in the east right-ol-way line of Kings High- way; thence North 00°01'15" East, 30.00 feet along the east right-of- way of Kings Highway, and the Point of Beginning of the herein : described tract of land; thence . North 00°01'1 5" East, along the east right-of-way line of said Kings Highway, a distance of 224.85 feet to a point; thence North 89°46'12" East, a distance of 624.89 feet to a point; thence South 00°01'15" West, a distance of 224.38 feel to a point; thence South 89°43'39" West, a distance of 624.90 feet to the Point of Beginning and containing 3.22 acres of land, more or less. (Part of Tax 1.0. No. 1325-233-0000-000/7). i (Location: East side of Kings High- I way, approximately 'h mile north I of St. Lucie Boulevard) 4. REAL STONE & GRANITE COR- PORA TION, for a Conditional Use Pèrmil to allow stone cutting in the IL (Industrial, Light) Zoning District for the following described properly: Section 34, Township 35 South, Range 40 East, Kellem's Subdivi- sion, from the southeast corner of Lot 9, run West 265 feet to the Point of Beginning; thence continue West 199.9 feel; thence North 330' feet; thence East 174.9 feet; thence Sooth 150 feet; thence East 25 feet; thence South 1 80 feet to the Point of Beginning - less the North 12 feet as in OR 384-196 (1.38 AC) (OR 74B-2407, 2408) IT ax 1.0. No. 2434-601-0036-000/51. (Location: 427 South Market Avenue) PUBLIC HEARINGS will be held . in the County Commission Chambers, 3rd Roar of the Roger Ponras Administration Annex Build- ing, 2300 Virginia Avenue, Fort Pierce, Florida on October 19, 1999, begiMing at 7:ØO P.M. or as soon thereafter as possible. Anyone with a disability requir- ing accommodation to attend this meeting should contact the SI. Lucie County Community Services Man- ager at 561/462-1777 or TOO 561/462-1428 at least forty-eight (48) hours prior to the meeting. PURSUANT TO Section 286.0105, Florida StaMes, if a person decides to or peal any deci- sion made by a 'board, agency, or commission with respect to any matter considered at a meeting or hearing, he will need a record of the proceedings, and that, for such purposes, he may need to ensure thot a verbatim record of the pro- ceedings is made, which record includes the testimony and evi- dence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, flORIDA I /S/ PAULA A. LEWIS, I CHAIRMAN ÎÌ\ -: K.t'J 5 Pub.: Oct. 7, 1999 '-" .."" No. 7357 51 LUCIE COUNTY BOARD Of COUNTY COMMISSIONERS PUBLIC HEARING AGENDA OCTOBER 19,1999 TO WHOM IT MAY CONCERN: NOTICE is hereby given In accordance with Section 11.00.03 of the 51. Lucie County Land Development Code and in accordance with the provisions 01 the 51. Lucie County Comprehensive Plan that the toliowlng applicants have : requested that Ihe St. Lucie County Board 01 County . Commissioners consider their loIlowlng request as loIlows: 1. PAUl DUPONT. lor a Change In Zoning from the RS-2 (Resldenllal, Single-family - 2 dufacre) Zoning Distltct to Ihe RM-9 (Resldenllal, Mulllple-Family - 9 dufocre) Zoning District lor the lollowing described properly: SECTION 24, TOWNSHIP 35 SOUlH, RANGE 39 EAST, THE SOUlH 1/2 Of THE SOUTHWEST 1/4 OF THE SOUlHEAST 1/4 OF THE NORTHWEST 1/4 -LESS THE WEST 80 fEET OF THE EAST 160 fEET Of THE NORTH 125 FEET Of THE SOUlH 150 fEET OF THE SOUlH 1/2 Of THE SOU1HWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 AND LESS THE SOUTH 15 FEET (4.90 AC) (OR 730-1691: 1 020-426: 1026-1139) (TAX 1.0. NO. 2324-243-oo02-QOO/2). SECTION 24, TOWNSHIP 35 SOUlH. RANGE 39 EAST. THE WEST 80 fEET Of THE EAST 160 FEET OF THE NORTH 125 FEET OF THE SOUlH 150 fEET Of THE SOUTH 112 OF THE SOUTHWEST 1/4 Of THE SOUTHEAST 114 OF THE NORTHWEST 114 (0.23 AC) (OR 225-2258) (TAX 1.0. NO. 2324·243-0003-00019). 4. REAL STONE 8t GRAN/Œ CORPORATION. for a Conditional Use Permit 10 allow stone cutting In the Il (industrial. Ught) Zoning Distrtct far the tollowlng described properly: SECTION 34, TOWNSHIP 35 SOUlH, RANGE 40 EAST. KEllEM'S SUBDMSION. FROM THE SOUlHEAST CORNER OF LOT 9. RUN WEST 265 fEET TO THE POINT: OF BEGINNING, THENCE CONTINUE WEST 199.9 fEET. THENCE NORTH 330 FEET. THENCE EAST 174.9 FEET. THENCE SOUTH 150 FEET; THENCE EAST 25 FEET, THENCE SOUlH 180 FEET TO THE POINT OF BEGINNING - lESS THE NORTH 12 FEET M IN OR 384- 196 (1.38 AC) (OR 748-2407, 2408) (TAX I.D. NO. 2434-601-0036-000/5). (Localion: 6870 Andrews Avenue) . 2. DOMINICK R. UOCE. for a Change In Zoning from the PUD (Planned Unit Development) Zoning DIstrIct to the HIRD (Hutchinson Island Residential District) Zoning Distltct for the lollowlng described property: SECTION 22, TOWNSHIP 36 SOUlH. RANGE 41 EAST, A TRACT Of lAND WITH A SOUlH UNE Of 5767.86 FEET NORTHERLY OF THE SOUTH LINE OF SECTION 27 AND THE NORTH UNE IS 6323.74 fEET NORTHERLY Of THE SOUTH UNE OF SECTION 27 AND BOUNDED ON THE WEST BY THE INDIAN RIVER AND BOUNDED ON THE EAST BY THE WEST UNE OF AlA RIGHT-Of-WAY AS IN DBK 219-163 (4.25 AC) (OR 979-824:82B) (TAX I.D. NO. 3522-342-0001-000/0). (Location: West side of South State Road A-l-A. adJacenl to the south property line of the South Hulchlnson Island Water Reclamalion facility) 3. PIPPIN TRACTOR, for a Change In ZonIng from the AR·l (Agricultural, Residential - 1 dufacre) Zoning DtstrIcI to the CG (Commercial, GeneraQ Zoning Distltclfor the following described property: (location: 427 South Market Avenue) PUBUC HEARINGS will be hetd In the County Commission Chambers, 3rd ftoor ot the. Roger PoItras Administration Annex Building, 2300 Virginia Avenue. Fort Pierce. FlorIda on october .19,1999, beginning at 7:00 P.M. or as soon thereafter as possible. . Anyone with a disability requiring accommodation to .aflend this meeting should contoctthe 51. lucie County çommunity ServIces Manager at 561/462-1777 or TOO 561/462·1428 at least forty-eight (48) hours prior to the meeting. PURSlWfl'TO Section 286.01OS, Florida StaMes. If a perton decides to appeal any decision made by a board. agency. 1)( commission with respect to any mailer considered at a meeting or hearing, he will need a record of the proceedings. and thai, tor such purposes, he may need to ensure thai a verbatim record of the proceedings Is made. which record Includes the testimony and evidence upon which the appeal Is to be based. ALL THAT CERTAIN TRACT OF PARCEL OF lAND LYING, BEING AND SITUATED IN SECTION 25. TOWNSHIP 34 SOUTH. RANGE 39 EAST, 51 LUCIE COUNTY FLORIDA AND THIS TRACT BEING MORE PARTICUlARLY DESCRIBED M FOllOWS: COMMENCING þJ THE !)()U1HWEST CORNER OF SECTION 25. TOWNSHIP 34 SOUTH. RANGE 39 EAST; THENCE NORTH 00" 06'48" EAST. ALONG THE WEST UNE OF SAID SEC110N 25. A DISTANCE Of 2655.28 FEET TO A POINT; THENCE NORTH 89" 43'39" EAST, A DISTANCE OF 70.98 FEET TO A POINT IN THE EAST RIGHT-Of-WAY UNE OF KINGS HIGHWAY; THENCE NORTH 00" 01'15" EAST, 30.00 FEET ALONG THE EÞST RIGHT-Of-WAY OF SAID KINGS HIGHWAY, AND THE POINT OF BEGINNING Of THE HEREIN DESCRIBED TRACT OF lAND; THENCE NORTH 00' 01'15" EAST. ALONG THE EAST RIGHT-Of-WAY LINE Of SAID KINGS HIGHWAY, A DISTANCE OF 224.85 fEET TO A POINT; THENCE NORTH 89" 46'12' EAST. A DISTANCE Of 624.89 fEET TO A POINT: THENCE SOUTH 00' 01'15" WEST, A DISTANCE OF 224.38 fEET TO A POINT; " THENCE SOUTH 89' 43'39' WEST, A DISTANCE OF 624.90 fEET TO THE POINT Of BEGINNING AND CONTAINING 3.22 ACRES Of LAND. MORE OR LESS. (PART Of TAX t.D. NO. 1325-233-0000-000/7). (location: East side 01 Kings Highway, approximately 1/2 mile north of Sf. Lucie Boutevard) BOARD OF COUNTY COMMISSIONERS ST. WCIE COUNTY, flORlDA IS/ PAULA A. lEWIS, CHAIRMAN Publish: OCtober 7.1999 1 A-i Lvµ.¿ TO: FROM: DATE: SUBJECT: LOCATION: EXISTING ZONING: PROPOSED ZONING: FUTURE LAND USE: PARCEL SIZE: PROPOSED USE: PERMITTED USES: '-' ..., PLANNING AND ZONING COMMISSION REVIEW: 09/16/99 File Number RZ-99-021 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT Planning and Zoning Commission Planning Manager rJ'- September 8, 1999 Application of Dominick Lioce, for a Change in Zoning from the PUD (Planned Unit Development - Pelican Pointe) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District. West side of South SR A-I-A, adjacent to the south property line of the South Hutchinson Island Water Reclamation Facility . PUD (Planned Unit Development - Pelican Pointe) HIRD (Hutchinson Island Residential District) RU (Residential Urban) 5.28 acres 9 lot residential subdivision Attachment" A" - Section 3.01.03(AA) HIRD (Hutchinson Island Residential District) - contains the designated uses which are permitted by right, permitted as an accessory use, or permitted through the conditional use process. Any use designated as a "Conditional Use" is required to undergo further review and approvals. Any use not found within the zoning district regulations are designated as prohibited uses for that district HIRD (Hutchinson Island Residential District) to the north and south. I (Institutional) Zoning to the immediate north on the west side of South SR A-I-A. SURROUNDING ZONING: "" ...." September 8, 1999 Page 2 Petition: Dominick Lioce File No: RZ-99-02I SURROUNDING LAND USES: The general existing use surrounding the property is vacant and some residential. The South Hutchinson Island Water Reclamation Facility is located immediately north of the subject property on the west side of South SR A-I-A. The Future Land Use Classification of the surrounding area is RM (Residential Medium) on the east side of South SR A- I-A and RU (Residential Urban) on the west side of South SR A-I-A. FIRE/EMS PROTECTION: Station #8 (7583 South SR A-I-A), is located approximately 1 mile to the north. UTILITY SERVICE: Water and sewer service is to be provided by St. Lucie County Utilities. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way for South SR A-I-A is 100 feet. SCHEDULED IMPROVEMENTS: None. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, . ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed zoning district is consistent with the St. Lucie County Land Development Code and specifically has met the standards of 11.06.03. '-' ..." . September 8, 1999 Page 3 Petition: Dominick Lioce File No: RZ-99-021 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed change in zoning is consistent with all elements of the St. Lucie County Comprehensive Plan. The Zoning District is compatible with the RU (Residential Urban) Future Land Use Designation, which allows for residential uses up to 5 dulacre including subdivisions. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed zoning is consistent with existing and proposed land uses in the area. Pelican Pointe SID, a nine lot single-family development included within Pelican Pointe - PUD, was granted final approval by the Community Development Director on January 9, 1995. This approval expired on August 20, 1998. The east and west portions of the property have been divided. A rezoning is required for this property to be develope4. 4. Whether there have been changed conditions that require an amendment; The Pelican Pointe - Planned Unit Development has expired. In order to develop the proposed subdivision, a rezoning back to the HIRD (Hutchinson Island Residential District) Zoning District and minor site plan approval are required. 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. '-" ...., September 8, 1999 Page 4 Petition: Dominick Lioce File No: RZ-99-021 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed development is not anticipated to create adverse impacts on the natural environment. Any future development of this site will be required to comply with all state and local environmental regulations. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; An orderly and logical development pattern will occur with this change in zoning. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The propo~ed 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. COMMENTS The petitioner, Dominick Lioce, has requested this change in zoning of 5 acres of land located on the west side of South SR A-I-A, adjacent to the south property boundary of the South Hutchinson Island Water Reclamation Facility in order to develop a 9-lot single-family residential subdivision to be known as Pelican Pointe West. Staff has reviewed this petition and determined that.it conforms 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: Dominick Lioce Gregory L. Boggs. A.S.L.A. File '-' ""'" Section 3.01.03 Zoning District Use Regulations AA. HIRD HUTCHINSON ISLAND RESIDENTIAL DISTRICT 1 . Purpose The purpose of the Hutchinson Island Residential District (HIRD) is to provide a residential environment on North and South Hutchinson Island that is respectful of the natural resources and value of the barrier islands and can be supported by available pUblic and private services. HIRD is intended to ensure that the intensity, location, and timing of new residential growth and development is of a character that can be served by adequate public and private facilities, and that protects, preserves and enhances the public health, safety, and welfare of the citizens of St. Lucie County. Hutchinson Island constitutes a unique and valuable public resource that plays a vital role in defining the County's economic and geographic character. HIRD is intended to facilitate growth and development of the barrier islands while conserving the natural and human values the islands represent. Given the environmentally sensitive nature of barrier islands, HIRD is designed to ensure "that growth and development is clustered away from environmentally sensitive lands and is limited to the more tolerant upland portions of Hutchinson Island. HIRD is also intended to implement and be consistent with the St. Lucie County Comprehensive Plan. 2. Intent of Application a. It is the intent of the Board of County Commissioners that HIRD shall apply to all multi-family residential property in the unincorporated areas of North and South Hutchinson Island. b. No application for an amendment to this code, shall be accepted which proposes to change the zoning classification of any land on North or SoliDi Hutchinson Island to a classification other than to: Hutchinson Island Residential DJstrict (HIRO); Planned Unit Development . (PUD); Planned Non-Residential Development (PNRD); Planned Mixed Use Development (PMUD); Utilities (U); Institutional (I); Religious Facilities (RF); any Residential, Estate (RE-1 or RE-2) or any Residential, Single Family (RS-2, RS-3, RS-4) zoning district. AIly residential development on North or South Hutchinson Island must be consistent with Paragraphs 4, 5, 6, 7, 8 and 9 of this Section. 3. Subdistricts For the purposes of this District, lands located on North and South Hutchinson Island are hereby classified into the following subdistricts: a. North Hutchinson Island Residential District (NHIRD), which includes those lands located on North Hutchinson Island in St. Lucie County; b. South Hutchinson Island Residential District, North (SHIRD-N), which includes those lands located on South Hutchinson Island between the Florida Power & Light Company nuclear power plant and the city limits of the City of Fort Pierce; and c. South Hutchinson Island Residential District, South (SHIRD-S), which includes those lands located on South Hutchinson Island between the Florida Power & Light Company nuclear power plant and Martin County. 4. Environmental Zones For the purposes of this District, all lands located on North and South Hutchinson Island are classified into one of the following environmental zones based on their geologic, hydrologic, topographic, and biologic character: Adopted August 1. 1990 137 Revised Through 04/15/99 ~ """" Section 3.01.03 Zoning District Use Regulations a. Dune Preservation Zone, which includes those lands lying between the mean high water line to the east and the western edge of the primary dune system, as defined by vegetation and elevation. The Dune Preservation Zone shall have the characteristics of the Beach and Dunelands environmental zone as described in Chapter VIII. Natural Environmental Analysis, of the St. Lucie County Barrier Island Study: Analysis of Growth Management Policy Plan (August, 1982). Where the westem edge of the primary dune system cannot be ascertained, the Dune Preservation Zone shall be set by reference to a management! restoration plan that has been prepared based on natural coastal dynamics. b. Uplands, which include those lands lying west of the western edge of the primary dune system and which are not classified as wetlands as defined in paragraph (c) of this subsection. c. Wetlands, which include those lands lying west of the western edge of the primary dune system that are above the elevation of mean high water and are included in the landward extent of waters of the state as defined in Rule 17-4.02(17), Florida Administrative Code, on the date of adoption of this Code. 5. Permitted Uses The following uses shall be permitted as of right in environmental zones in the Hutchinson Island Residential District: a. Dune Preservation Zone: (1) _ Residential densities that can be clustered to .Uplands located on the parcel proposed for development. (2) Elevated walkways. (3) Recreational uses not involving structures other than elevated walkways. b. Uplands: (1 ) Detached single family dwelling units. (2) Two and three family dwelling units. (3) Multiple family dwelling units. (4) Parks. (5) Accessory uses, subject to the requirements of Section 8.00.00. c. Wetlands: (1) Residential densities that can be clustered to Uplands located on the parcel proposed for development. (2) Elevated walkways. (3) Bridges and bridge approaches. (4) For that portion filled in accord with permits received from federal and state agencies exercising jurisdiction over such area, any permitted Uplands use. 6. Conditional Uses a. Dune Preservation Zone: (1) None. Adopted August 1. 1990 138 Revised Through 04/15/99 .'-' ,."", Section 3.01.03 Zoning District Use Regulations b. Uplands: (1) Hotel, motel, resort, rooming and boarding houses, tourist court, and time-share or transient lodging facilities with rooms or dwelling units used for occupancies of less than four weeks, provided that the number of rooms does not exceed the residential densities set forth in subsection 7 of this Section. (999) (2) Athletic and entertainment clubs or facilities, provided that the proposed use will not generate traffic in excess of that projected for the parcel if developed at the maximum permitted residential density. (999) (3) Bed and Breakfast Residences, subject to the requirements of Section 7.10.20. (4) Telecommunication towers - subject to the standards of Section 7.10.23 (999) c. Wetlands: (1) Marinas and boat launching facilities, provided that the area of wetland altered does not exceed five (5%) percent of the wetlands located on the parcel proposed for development; (2) Utility transmission facilities; (3) For that portion filled in accord with permits received from Federal and State agencies exercising jurisdiction over such area, any conditional upland use. 7. Residential Densities a. Maximum Residential Densities Except as provided in paragraphs band c of this subsection, no structure shall be constructed, built, moved, remodeled, occupied, or used as a residential use at a density greater than the applicable maximum residential density set forth in this paragraph. MAXIMUM RESIDENTIAL DENSITIES (Expressed as percentage of maximum density set forth In the future land use designation of the Sl Luåe County Comprehensive Plan) NHIRD SHIRD - N SHIRD - S COMMENCMENT LEVEL 15% 18% 9% LEVEL 2 36% 28% 45% LEVEL 3 54% 100% 100% LEVEL 4 100% does not apply does not apply When the maximum percentage indicated in the table above would yield less than one (1 ) unit per acre, a maximum density of one (1) unit per acre shall apply except for the RlC (Residential Conservation) future land use designation. Properties within the RlC future land use designation shall have their density computation based upon .2 du/ac for all lands above mean high water. Adopted August 1, 1990 139 Revised Through Q4f15199 '-" ...", Section 3.01.03 Zoning District Use Regulations b. Existing Uses Any structure, project or use that exceeds the applicable maximum residential density set forth in paragraph (a) of this subsection or the maximum building height set forth in paragraph 11 (b )(2) of this section, shall not be subject to the provisions of this subsection but shall be considered a pre-existing use and be subject to the provisions of Section 11.07.05(G) if and only if: (1) The structure, project, or use has been occupied or constructed, or has received a building permit, site plan, or other County development approval prior to July 12, 1984; and (2) Development of the structure, project, or use is completed within all applicable approval periods and time limits. No change or alteration of a pre-existing use as defined in this paragraph shall be permitted if the change or alteration would allow a residential density exceeding that set forth in the building permit, site plan, or other County development approval for such existing pre- existing use. c. Payment of Alternate Development Fee. A site plan for a structure may be approved at a density greater than the applicable maximum set forth in paragraph a of this subsection upon the condition that the developer pay to the Board of County Commissioners the applicable alternate development fee set forth in this paragraph. In addition, if the proposed development, together with existing and previously approved development, will necessitate any roadway, bridge, or other improvement to maintain Level of Service C annually or D during peak season, or will require any traffic control device or access improvement. the site plan shall not be approved except upon the condition that building permits not be issued until after such improvement or traffic control device is installed or until the developer has executed a contract for construction of needed improvements and has provided security in a form and amount acceptable to the County Attorney. The alternate development fee shall be payable at issuance of building permits and for each unit exceeding the maximum set forth in paragraph (a) of this subsection. ALTERNATE DEVELOPMENT FEES (amount per residential unit exceeding the maximum pennitted at NHIRD SHIRD - N SHIRD - S $2,336 $4,604 $ 13,697 Each alternate development fee represents an amount equal to the estimated cost per residential unit to provide the transportation improvements specified in subsection 8 of this Section. All alternate development fees collected pursuant to this paragraph shall be received and expended solely for the transportation improvements, or equivalent, specified in subsection 8 of this Section. Nothing in the paragraph shall permit a structure to be constructed, built, moved, remodeled, occupied, or used as a residential use at a density exceeding the maximum set forth in Level 4 for the NHIRD subdistrict or in Level 3 for the Adopted August 1,1990 140 Revised Through 04/15/99 '-" ..., Section 3.01.03 Zoning District Use Regulations SHIRD-N and SHIRD-S subdistricts. d. Increase in Maximum Residential Densities If. at any time after a residential use is approved under paragraph a of this subsection, the capacity of the roadway system in a subdistrict increases to the extent that maximum residential densities increase from the Commencement level to level 2, from level 2 to level 3, or from level 3 to level 4, a developer may submit a development application for the subject property for additional density as long as the development proposed in the application, when considered with the initially approved development, meets the requirements of this section and all other provisions of this Code. e. Credit for Payment of Roads Impact Fee Any roads impact fee paid pursuant to Section 1-17-30 of the Code of Ordinances of St. Lucie County, shall be credited against the applicable alternate development fee as set forth in Section 3.01.03.AA(7)(c) of this Code. 6. Traffic Capacity levels For the purposes of this Code, the following levels of service or equivalent capacity, as determined to be acceptable by the Board of County Commissioners, shall govern the density of development according to subsection 7 of this Section. A traffic capacity level shall be deemed available when the __ Board of County Commissioners o!...other appropriate authority has accepted a construction bid for the stated improvement. a. Commencement level (1) Existing conditions. b. Level 2 (1) NHIRD - Existing conditions as of October 12, 1963, together with the addition of northbound right turn lane at Old Dixie Highway and the North Beach Causeway and signalization Improvements at that Intersection, and the addition of a southbound right turn lane at State Road A1A and Atlantic Beach Boulevard. (2) SHIRD-N - Existing conditions together with the improvement of Seaway Drive to a four lane road from the South Beach Causeway Bridge to Binney Drive, the addition of a northbound left turn lane at the Intersection of Ocean Drive and Binney, and the improvement of Ocean Drive in the City of Fort Pierce to a three lane road. (3) SHIRD-S - Existing conditions together with the improvement of either: (a) the Jensen Beach Causeway to a four lane facility, together with improvement of Indian River Drive to a four lane road between the Jensen Causeway and Jensen Beach Boulevard, the Improvement of State Road A1A to a four lane roadway from the Jensen Beach Causeway to a point one mile north of the St. lucie - Martin County line, and the improvement of Jensen Beach Boulevard to U.S. 1 to four-lanes; (b) the Stuart Bridge to a four lane facility, together with the four laning of the Ocean Boulevard Causeway from Indian River Plantation west through the Adopted August 1, 1990 141 Revised Through 04115199 '-' ...." Section 3.01.03 Zoning District Use Regulations intersection of Monterey Road, and the four laning of State Road A 1 A from the Jensen Beach Causeway to a point one mile north of the St. lucie County - Martin County line; or (c) the construction of a two lane bridge to South Hutchinson Island at the Walton Road corridor, together with improvements of Walton Road to four lanes west of the Savannahs to U.S. 1. c. level 3 (1) NHI RD - level 2 improvements plus expansion of the North Beach Causeway to four lanes from north of Atlantic Beach Boulevard to U.S. 1, and the addition of a north bound right turn lane at U.S. 1 and Seaway Drive. (2) SHIRD-N - level 2 improvements plus the four laning of Seaway Drive from Binney Drive to Ocean Drive or an equivalent improvement, improvement of Ocean Drive within the City of Fort Pierce to a four lane road, and the addition of a northbound right turn lane at the intersection of U.S. 1 and Seaway. (3) SHIRD-S - Existing conditions together with two of the improvements specified under level 2 above. d. level 4 (1 ) NHI RD - level 3 improvements plus grade separation of the North Beach Causeway and the Florida East Coast Railway tracks, an interchange at Seaway Drive and U.S. 1, or other improvements that will provide at least level of Service 0 conditions during the peak season at the Seaway Drive and U.S. 1 intersection, and the four laning of State Road A1A from north of Atlantic Beach Boulevard to the Indian River County line. (2) SHIRD-N - Does not apply. (3) SHIRD-S - Does not apply. 9. Environmentally Sensitive Areas The residential densities permitted in the Dune Preservation Zone and in the wetlands may be used only if clustered to uplands located on the parcel proposed for development, or if clustered to that portion of the wetlands filled in accord with permits received from federal or state agencies exercising jurisdiction over such area. 10. lot Size Requirements a. Single Family Development: lot size requirements for detached single-family dwelling units shall be in accordance with the lot size requirements for the RS4 District found in Table 1 in Section 7.04.00. b. Multi-Family Development: lot size requirements for multiple-family dwelling units and two- and three-family dwelling units shall be in accordance with the lot size requirements for the RM-11 District found in Table 1 in Section Adopted August 1, 1990 142 Revised Through 04/15/99 ~ ""'" Section 3.01.03 Zoning District Use Regulations 7.04.00. 11. Dimensional/Building Height Requirements a. Single Family Development: Dimensional requirements for detached single-family residential units shall be in accordance with the dimensional requirements for the RS-4 District found in Table 7.10 in Section 7.04.00, with the . exception of residential densities that are outlined in this section and the requirements of Section 4.01.00, Hutchinson Island - Building Height Over1ay Zone. b. Multi-Family Development: . Dimensional requirements for all multiple-family dwelling units and two- and three-family dwelling units shall be in accordance with the dimensional requirements for the RM-11 District found in Table 7.10 in Section 7.04.00, except as follows: (1) Residential densities shall be as set forth in subsection 7 of this Section. (2) For any structure that has not been occupied constructed, or has not received a building permit, site plan or other County development approval prior to January 10, 1995 the requirements of Section 4.01.00, Hutchinson Island - Building Height Over1ay Zone shall apply. 12. Off-street Parking and Loading Requirements Off-street parking and loading requirements shall be in accordance with Section 7.06.00. 13. Landscaping Requirements Landscaping requirements shall be in accordance with Section 7.09.00. 14. Nonconforming Lots of Record Notwithstanding any other provision of this section, the provisions of Section 10.00.04 shall govern the erection of a single-family dwelling and customary accessory buildings on any single lot of record existing on the effective date of this Code. 15. Additions to Recreational Vehicles, Mobile Homes, and Travel Trailers a. Notwithstanding any other provision of this section, any mobile home, recreational vehicle, or travel trailer park space located in this district shall be considered an existing conditional use under Section 11.07.05(G) if and only if: (1 ) the mobile home has been erected and occupied, or the recreational vehicle or travel trailer park space constructed and used, prior to the effective date of this Code; and . (2) the mobile home, recreational vehicle, or travel trailer park· space was a fully conforming use on the effective date of this Code. b. No addition to an existing mobile home shall be permitted unless the addition meets all requirements of the RMH-5 District. Adopted August 1, 1990 143 Revised Through 04/15/99 '-" ,."" Seètion 3.01.03 Zoning District Use Regulations c. No Recreational Vehicle, Travel Trailer, Detached Single Family Residence, Class A Mobile Home or addition thereto shall be permitted unless the Recreational Vehicle, Travel Trailer, Detached Single Family Residence, Class A Mobile Home or addition thereto meets all applicable requirements of Section 7.10.16 (RECREATIONAL VEHICLE PARKS) in existing recreational vehicle parks, or Section 7.10.17 (MOBILE HOME PARKS) in existing mobile home parks. d. An addition in existence as of April 18, 1989, (Ordinance 89-09) which does not meet the requirement established in this Section shall be deemed a nonconfonning structure and shall be subject to the provisions of Section 10.00.03. However, existing additions which pose a threat of imminent danger to the health, safety, or welfare of the general public as determined by the Fire Marshal pursuant to the Standard for Fire Safety Criteria for Mobile Home Installations, Sites, and Communities, NFP A 501 A-1982, as applicable, must be brought into compliance or removed. The decision of the Fire Marshal may be appealed to the Board of Construction and Appeal. 16. Sea Turtle Protection Sea turtle protection requirements shall be in accordance with Section 6.04.02. Adopted August 1, 1990 144 Revised Through 04/15/99 Inl.s-~ ~1~i~l I LN ~ ~~~I~ 11 II I ~ , 'I II' , .....' ¡ " es, 'I' Ii -...:¡ _I"':¡ - "':¡II 'I i f.>..1f.>..~¡¡"_!::!1 II 0'\ ' I; I II O'\! ::r: I~I , ,. U' IHI , Of) < 1< ' I ~I I ~i !f2ii I I I~ lXI, I~;I ~ Ii iU::Ei I§ii ,...¡ '.' : tt: ...:¡... '.. 1 ..." 'I '~<. . , u Ii Iø:: ~iE-<iE-<i:S11 i.1 >,.1 E-< H ~ .1 ~ E-< 1.1.. I ..-'tt: Cl)1::J'::J tt:1¡ 10 &: ~1~I~t'&:!1 r~-' ¡ ,-'-r I' 10· I I I~, ' i E-<' I CI) I I I~I I ~I I ~ ...:¡ f2¡ I Ii >::r: >-: I < U~: E-<J < <~, CI) ! ¡g~!žI~i5 ¡ ~ ~ ~ ~¡~ ~I ¡ '"' > ~ ~!o ZI iOC 0 ""'ICI)ilXl ......, i g ~ ~io !:: =,~I~N I· I gt I ~ ¡ Ii II II j II II Ij II jJ .¡ II II II it I I I , I I I I I I~ ¡ fI) i~ 100 1= I.S 1..... 'es !6 I~ 1= I~ Iy I·... 11 I '"' ~ I Of) 0 o .... !~ ~ I -= ~ I ~ ·a 16.= , =., = I' 0 0 ~e I ~ '"' I e oS I~,...¡ ¡ ;:: N 1= Q '= I 1 ~ 0\ ì ¡;;o 0\ I 6 ~ 18 ~ I'Q oS 1..... ...... I = .~ I ~ ¡..;¡ ! 6 Of) i 1:: = I es .... '=.,= I ~ es lie ~ M ~ 6 es z ¡¡.f U o ::ï <I tt:ICI)! ,::> ' ~IO..i U CI) I zi~1 ~151.~ 001 o ...:¡¡ 001 ùù! ~ o ui ~ 71 < -=<! E-< HO < CI) ~iu ...:¡ ~ ~ ~!.~ ~ ~ E-< ~IIXI U o 25 25¡z 5Ë U 0 010 . ~ ~ICI) CI) ~ö~~~~ 6 ::J sa salU ...:¡ es ...:¡ ...:¡ "':¡I~ ...:¡ Z t; æ æ!::r: ~ ! ...... 0\'1'- ~ ~ ........ ........ ........ -- ........ 00000 00000 00000 I , It. 8 õl~ õ ~ 00000 ,#:00000 MMMM~ e........,...,...,...,. ~~~~~..... , . . . . =~~~~~ E--~~~~~ '-" ....., ......--- -............... ~ ...... .J '- '-' AGENDA REQUES~ ITEM NO. 6 DATE: October 19, 1999 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mike Leeds Director, Leisure Services SUBMITTED BY: Leisure Services SUBJECT: Request approval of Coon Island management plan and forward to Land Acquisition and Management Advisory Council. BACKGROUND: October 6, 1997, St. Lucie County obtained a long-term lease for Coon Island. A 5-year plan update is required under provisions of the lease. The Blueway Advisory committee has reviewed the plan. The first public hearing was held on September 22, 1999. FUNDS AVAIL. Maintenance accounts exist in the Parks Division. PREVIOUS ACTION: N/A Recommendation: Approve the management plan for Coon Island and transmit to Land Acquisition and Management Council for Board of Trustees of the Internal Improvement Trust Fund approval. X] APPROVED ] OTHER: DENIED COMMISSION ACTION: County Attorney, ~ Originating D~ Finance: (Check for copy only, Review and Approvals Mgt. & Budget: Purchasing: Other: Other: if applicable) \.~ "II MEMO ~ ..., The Board of County Commissioners obtained a 50 year lease for Coon Island on October 6, 1997 from the Board of Trustees of the Internal Improvement Trust Fund. The lease covered the eastern most portion of the island. (35.12 acres) An addendum to the lease was granted on November 6, 1998 adding an additional 47.35 acres of the western end of the island. The leased area covers the upland portions of the island, above mean high water. The sublease is for the purpose of "conservation and protection of natural and historical resources and for resource based outdoor recreation activities and education which are compatible with the conservation and protection of these public lands." A requirement of the lease is to provide a management plan that is to be updated every five (5) years. Once a plan is completed, the Blueway Advisory Committee reviews the plan and recommends changes. After a public hearing is held and comments are received, the plan is sent to the Board of County Commissioners. Upon approval of the BOCC, the plan is submitted to the Land Acquisition and Management Council (LAMAC) for their approval prior to review by the Board of Trustees of the Internal Improvement Trust Fund. Prior to the public hearing held on September 22, 1999, a canoe dock, five (5) picnic tables, a composting toilet, five (5) campsites and trash receptacles were proposed for the site. Upon receiving comments from the general public, all proposed improvements were eliminated from the management plan. Currently the sole improvements provided in the plan are: eradication of exotics and construction of a nature trail. A copy of the management plan is available for review upon request. AGENDA REQUEST .." ITEM NO. 7 y ~ DATE: October 19. 1999 REGULAR [xx ] PUBLIC HEARING [ ] CONSENT [ TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Ordinance No. 99-25 - Title Loan Ordinance - Permission to Advertise BACKGROUND: This item is agended at the request of Commissioner Barnes. Attached is a letter dated October 4, 1999 with enclosures from the Attorney General for the State of Florida. As indicated in the Attorney General's Letter's letter, as a result ofthe enactment of the Florida Title Loan Act of 1995, Florida's consumers have been subjected to an interest rate of 264% on title loan transactions. To deal with this issue, local governments have been enacting ordinances that impose interest rate limitations on title loan transactions. In this regard, attached is draft Ordinance No. 99-25 which is patterned after a similar ordinance adopted in Leon County. A summary of some important provisions of the draft ordinance are as follows: _ Interest rate limitations of 30% per annum _ Disclosure requirements to inform consumers of the nature of title loan transactions - Licensee requirements and fees Please note that the license fees in the draft Ordinance (Section 1-14-34) are what Leon County adopted. One issue that should be determined before the Public Hearing is which department will be responsible for issuing the licenses and monitoring compliance with the ordinance. Once the department is designated, an analysis of the actual cost of processing and issuing the license should be performed to determine the appropriate fee. RECOMMENDA TION/ CONCLUSION: Staff recommends that the Board authorize Staff to advertise Ordinance No. 99-25 [x] APPROVED [] DENIED [ ] OTHER: CE: COMMISSION ACTION: [X]County Attorney: (tr/ Review and Approvals [X]Management & Budget: [ ] Pur c has i n g : _______ [X]Originating Dept: [Xl Leisure Svs.: [X]Comm.Develop: [X] Finance: (check for copy only, if applicable) Effective 5/96 "WI . '-' ORDINANCE NO. 99-25 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. lUCIE COUNTY, AMENDING CHAPTER 1-14 "OFFENSES AND MISCEllANEOUS" OF THE CODE OF ORDINANCES OF ST. lUCIE COUNTY BY ADDING A NEW ARTICLE III ENTITLED "MOTOR VEHICLE TITLE lOANS"; PROVIDING FOR DEFINITIONS; PROVIDING FOR REGULATION OF MOTOR VEHICLE TITLE lOAN TRANSACTIONS; PROVIDING FOR ESTABLISHMENT OF A MAXIMUM INTEREST RATE CHARGEABLE BY THE lENDER; PROVIDING FOR DISCLOSURES; PROVIDING FOR LICENSES AND FEES; PROVIDING FOR INSPECTING RECORDS AND PREMISES; PROVIDING FOR PENALTIES; PROVIDING FOR AN ADDITIONAL REMEDY OF THE BORROWER AND PRIVATE RIGHT OF ACTION; PROVIDING FOR A TRANSITION PERIOD FOR REGULATIONS, RESTRICTIONS AND LICENSEE PROVISIONS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 538.17, Florida Statutes permits political subdivisions of the State of Florida to enact laws more restrictive than the provisions of Chapter 538, Part I, Florida Statutes; and, WHEREAS, St. lucie County, Florida, as such a political subdivision finds that consumers within its jurisdiction are in need of greater consumer protection for motor vehicle title loan transactions than are provided in Chapter 538, Part I, Florida Statutes, and has also determined that more restrictive provisions are necessary for the protection of St. Lucie County's consumers; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, that: Part A. The Code of Ordinances of St. Lucie County, Florida, is hereby amended by adding an Article to be numbered Article III, "Motor Vehicle Title Loans" in Chapter 1-14, "Offenses and Miscellaneous" which Article reads as follows: ..., ~ ARTICLE III. MOTOR VEHICLE TITLE LOANS Section 1-14-30. Definitions. ill "Title Loan Agreement" means a written agreement whereby a secondhand dealer agrees to make a loan of a sDecific sum of money to the owner of a motor vehicle. and the owner of the motor vehicle aarees to give the secondhand dealer a security interest in a motor vehicle certificate of title owned bv the borrower and encumbered onlv bv a title loan agreement. ill "Secondhand dealer" has the same meaning as used in Section 538.03( 1 HaL Florida Statutes. as it may be amended from time to time. Section 1-14-31 Motor vehicle title loan transactions. A secondhand dealer registered under ChaDter 538. Part 1. Florida Statutes. may engaae in motor vehicle title loan transactions. as that term is used in ChaDter 538. Part 1. Florida Statutes. if the following conditions are met: .!ill The secondhand dealer maintains Dhvsical Dossession of the motor vehicle certificate of title: and. ib.l The borrower maintains Dossession of. or control over. the motor vehicle throuahout the term of the loan: and. 1.çl The borrower is not reQuired to Dav rent or any other change for the use of the motor vehicle: and. 1.Ql The secondhand dealer delivers to the borrower. at the time a loan is made. a statement showing the loan amount. origination date. maturity date. finance charges. a descriotion of the securitv. the name and address of the borrower and the secondhand dealer. the rate of interest eXDressed in terms of annual Dercentaae rate. the total number of Davments reQuired. and the total amount reQuired to be Daid over the life of the loan. In the ..., '-" event the borrower has a right to renew the loan. the secondhand dealer must deliver a statement with the information recuired herein for each renewal: and. 1m. The title loan agreement contains the following statement crinted in not less than 14 coint tvce: ill "Your vehicle has been cledged as securitv for this loan and if vou do not recav this loan in full. including the finance change. YOU WILL LOSE YOUR VEHICLE. ilil You are encouraged to recav this loan at the end of the 30 dav oeriod. The lender mav not be recuired to extend or renew vour loan. It is imcortant that vou plan vour finances so that vou can reoav this loan as soon as cossible. (iii) THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE THIS LOAN TRANSACTION IF YOU HAVE THE ABILITY TO BORROW FROM ANOTHER SOURCE AT A RATE LOWER THAN 2 1/2% PER MONTH OR AN ANNUAL PERCENTAGE RATE OF 30%. .llià The borrower recresents and warrants that the motor vehicle and the certificate of title is not stolen. it has no liens or encumbrances against it. the borrower has the richt to enter into this transaction. and the borrower will not attemct to sell the motor vehicle or acclv for a duclicate certificate of title while the title loan agreement is in effect. and that doing so will be a violation of law. M If vou are a member of the Armed Forces of the United States of America. vou mav be eligible for financial assistance. You are urged to exclore these octions with a recresentative of vour commanding officer. bill Immediatelv above the signature of the borrower the statement that "I. the borrower declare that the information I have orovided is true and correct and I have read and understand the foregoing document:. ...." '-' (vii) The secondhand dealer must disclav. in a crominent place in the title loan cremises. for customer viewing. a sign no smaller than three feet bv five feet with the followina message written in letters no less than two inches high: "IF YOU RECEIVE A TITLE LOAN. YOUR VEHICLE WILL BE PLEDGED AS SECURITY FOR THE LOAN. IF YOU DO NOT REPAY THIS LOAN IN FULL. INCLUDING ALL FINANCE CHARGES. YOU WILL LOSE YOUR VEHICLE. THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE A TITLE LOAN TRANSACTION IF YOU HAVE THE ABILITY TO BORROW MONEY FROM ANOTHER SOURCE AT AN INTEREST RATE LOWER THAN 2 1/2% PER MONTH OR AN ANNUAL PERCENTAGE RATE OF 30%. MEMBERS OF THE UNITED STATES ARMED SERVICES MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE AND THEY ARE URGED TO EXPLORE ALL OPTIONS WITH REPRESENTATIVES OF THEIR COMMANDING OFFICER. II Section 1-14-32. Maximum Interest Rate. Maximum interest rate. A secondhand dealer who engages in title loan transactions mav not exceed the following interest rates: 1ill. A secondhand dealer mav charge an interest rate not to exceed 2 Y2 cercent per 30-dav ceriod the title loan agreement remains outstanding and unsatisfied. In determining comcliance with the maximum interest and finance charges. the comcutation must be simcle interest and not add-on interest or anv other interest comcutation. 'WI 'wt ill The annual cercentage rate that mav be charged in a motor vehicle title loan mav eaual. but not exceed. the annual cercentage rate that must be comcuted and disclosed as reauired bv the Federal Truth in Lending Act and Regulation Z of the Board of Governors of the Federal Reserve Svstem. When the ceriod for which the charge is comcuted is more or less than one month. the maximum rate for the ceriod must be comcuted on a basis of 1/30 the acclicable monthlv interest rate. multiclied bv the number of davs of the ceriod. 1çl Anv transaction involving a borrower's deliverv of a motor vehicle certificate of title in exchange for the advancement of funds on the condition that the borrower shall or mav redeem or recurchase the certificate of title ucon the cavment of a sum of monev. whether the transaction be characterized as IIbuv-sell agreement". "sale-Ieaseback agreement". or otherwise. shall be deemed a violation of this ordinance if such sum exceeds the amount that a secondhand dealer mav collect in a title loan agreement under this ordinance or if the terms of the transaction otherwise conflict with the cermitted terms and conditions of a title loan agreement under this ordinance. 1d.l Anv fees or taxes caid to a state agencv and directlv related to an individual title loan transaction mav be collected from the borrower and shall be in addition to the cermitted finance and interest charge. liù No charges. including interest. in excess of the combined total of all charges permitted bv this section shall be allowed. Section 1-14-33. Transaction Satisfaction and Default ill When the title loan has been caid in full. the secondhand dealer shall deliver to the borrower a certificate of title clear of all encumbrances claced ucon the title bv the secondhand dealer within 30 davs of such cavment in full. ...", '-' ill A secondhand dealer who engages in title loan transactions may take possession of the motor vehicle ucon the borrowers default under the title loan agreement. Unless the borrower voluntarilv surrenders the motor vehicle. the secondhand dealer may onlv take cossession of a motor vehicle through an agent licensed bv the State of Florida to recossess motor vehicles. ill A secondhand dealer who takes cossession of a motor vehicle cursuant to this section shall comclv with the acclicable reauirements of Chacter 679. Part V. Florida Statutes. as is amended from time to time. ill Discosition of the collateral or motor vehicle may be bv cublic or crivate proceedings and may be made bv way of one or more contracts. Sale or other discosition may be as a unit or in carts and at any time and place and on any terms. but every ascect of the discosition including the method. manner. time. clace and terms including surclus of the debt must be commerciallv reasonable. Section 1-14-34. Licenses. ill No secondhand dealer may engage in business as a title loan lender three months after the effective date of this ordinance unless the secondhand dealer has a valid license issued bv St. Lucie Countv. A secarate license will be reauired for each chvsical location of title loan business. The County shall issue more than one license to an acclicant if that acclicant comclies with the reauirements of this Part for each license. ill An acclication for a license cursuant to this Part must be submitted to the County on such form as the County may crescribe. If the County determines that an apclication should be aranted. it shall issue the license for a ceriod not to exceed two (2) Years. A non-refundable acclication and license fee not exceeding $1.250.00 shall accomcanv an initial acclication for each title loan location. """" '-" ill The County shall charge a biennial renewal fee of $1 .000.00. A license that is not renewed at the end of each two-year oeriod shall automaticallv become inactive. An inactive license may be reactivated within 90 days after the date it became inactive uoon the submission of a comoleted reactivation form and oavment of a reactivation fee not exceeding $200 and a biennial license fee of $1.000.00. No inactive license may be reactivated after 90 days. Hl Each license must soecifv the location for which it is issued and must be consoicuouslv disolaved at that location. When a licensee wishes to move a title loan office to another location. the licensee shall give thirty (30) days orior written notice to the County bv certified or registered mail. return receiot reauested. and the County shall then amend the license accordinalv. A license issued oursuant to this Part is not transferable or assignable. 1.§l Books. accounts and records: maintenance and examinations bv the County. 1m. Each licensee shall maintain. at the orincioal olace of business designated on the license. all books. accounts. records. and documents necessary to determine the licensee's comoliance with this Part. ill The County may authorize maintenance of records at a location other than a orincioal olace of business. The County may reauire books and records to be oroduced and available at a reasonable and convenient location within the Countv. M All books. accounts. records. documents and receiots for exoenses oaid bv the licensee on behalf of the borrower. including each contract signed bv the borrower and exoenses incurred bv the licensee in event of foreclosure and orooertv recoverv. will be preserved and keot available for examination bv the County for two (2) years after the date of original entrv. ..."" ~ .!Ql The County may crescribe bv resolution the minimum information to be shown in the books. accounts. records. and documents of licensees so that such records will enable the County to determine the licensee's comcliance with this Part. lID Each licensee shall designate and maintain an agent in this state for service of process. ill A licensee must acclv to the County for a new license ucon a change in ownershic of 25 % or more bv a natural cerson in any title loan location or office. No apclication for a license or an acclication for transfer of an existing license is recuired for any change. directlv. or beneficiallv. in the ownershic of a title loan location if one or more of the holders of at least 75 cercent of the outstanding ecuitv interest in the title loan location or office before the chance in ownershic continue to hold at least 75 cercent of the outstanding ecuitv interest in the title loan location or office after the change in ownershic. .!.ID To be eligible for a title loan lending license. an acclicant shall: 1m File with the County a bond in the amount of $35.000.00 for each license with a surety comcanv cualified to do business in this state. In lieu of the bond. the acclicant may establish a certificate of decosit or an irrevocable letter of credit in a Florida financial institution in the amount of the bond. The oricinal bond. certificate of decosit. or letter of credit shall be filed with the County and the County shall be the beneficiary of such instrument. The bond. certificate of decosit. or letter of credit shall be in favor of the County for the use and benefit of any consumer who is iniured in the context of a title loan transaction bv the fraud. misrepresentation. breach of contract. financial failure. unfair or decective trade cractice. disclosure violation or violations of any crovisions of this Part bv the licensee. Such liabilitv shall be enforced bv the filing of a suit in a court of comcetent jurisdiction. ..." ~ ill Not have been convicted of a felonv within the last ten years or be acting on behalf of a beneficial owner who has been convicted of a felonv within the last ten years. ~ Not have been convicted. nor acting on behalf of a beneficial owner who has been convicted. of a crime that the County finds directlv related to the duties and resconsibilities of a title loan lender within the cast ten Years. lID The County shall determine the form of the license. í.1Ql No cart of this ordinance may be construed to imcair or affect the obligation of any title loan agreement which was lawfullv entered into crior to the effective date of this ordinance. 1111 Licensees shall report changes in address. location of records. and any change of an executive officer within 30 days of the chanae. Section 1-14-35. Violations and Penalties. ill The followina acts are violations of this Part and shall constitute grounds for disciclinarv action: 1m Failure to comclv with any crovision of this Part. rule adocted under this Part bv the County or any written agreement entered into with the County. ill Fraud. misrecresentation. deceit or gross negligence in any title loan transaction. ~ Fraudulent misrecresentation. circumvention. or concealment of any matter reauired to be stated or furnished to a consumer cursuant to this Part. liti Willful imcosition of illeÇ1al charges on any title loan transaction. 1m. False. decective. or misleadina advertising bv a licensee. .. '-' ill Failure to maintain. creserve and keec available for examination. all books. accounts. or other documents reauired bv this Part. state or federal law. or bv anv agreement entered into with the Countv. 19l Aiding. abetting. or consciring with an individual to circumvent or violate anv of the reauirements of this Part. state or federal law. relating to title loan aareements. ib1 Refusal to cermit inscection of books or records in an investigation or examination bv the Countv or refusal to comclv with a subcoena issued bv the Countv. ill Criminal conduct in the course of a licensee's business as a title lender. ill Knowinalv entering into a title loan agreement with a cerson under the age of 18 vears. ill Making anv agreement reauiring or allowing for the cersonal liabilitv of a cledgor or the waiver of anv of the crovisions of this Part. ill Knowinglv entering into a title loan agreement with anv cerson who is under the influence of drugs or alcohol when such condition is visible or accarent. or with anv person using a name other than his own name or the registered name of his business. 1ml Entering into a title loan agreement in which the amount of monev advanced in consideration for the loan secured bv anv sinale certificate of title exceeds one third of the value of the motor vehicle. The Countv. shall determine the method of assessina the value of the cledaed crocertv. 1nl Failure to exercise reasonable care in the safekeecina of the certificate of title or motor vehicle recossessed cursuant to this Part. .!Ql Failure to return the certificate of title or motor vehicle taken into possession to a borrower. with anv and all of the title lender's liens on the crocertv crocerlv ..." '-' released. within 30 days of the cayment of the full amount due. unless the crocerty has been seized or imcounded by an authorized law enforcement aaency. taken into custodY bv a court. or otherwise discosed of bv court order. .ú2L Charging or receiving any finance charge. interest. cost. or fee which is not cermitted bv his Part. 1.9l Engaging in business as a title lender without first securina the reauired license. 1rl Refusing to accect cartial recavment of the amount financed when all accrued finance charges have been caid. W Charging a crecavment cenaltv. ill Cacitalizina any uncaid finance charge as cart of the amount financed in the renewal of a title loan aareement. M Acting as a title loan lender in St. Lucie County three months after the effective date of this ordinance without a current. active license issued bv the County pursuant to this Part. M Engaging in any cractice or transaction or course of business relating to the making of a title loan. negotiation. cromotion. advertisement or hvcothecation of a title loan transaction. directlv or indirectlv: and. ill To knowinglv or willinglv emclov any devise. scheme or article to defraud: ilil To enaage in any transaction. cractice or course of business which ocerates as a fraud ucon any cerson in connection with the curchase or sale of any title loan: .." ,-,. (im To obtain mocerty bv fraud. willful misrecresentation of a future act or false cromise. 00 In any manner within the iurisdiction of the Countv. to knowinglv and willfullv falsifv. conceal or cover uc bv a trick. scheme or devise a material fact. make any false or fraudulent statement or remesentation. or make or use any false writing or document. knowing the same to contain any false or fraudulent statement or entrv. llil Commission of fraud. misrecresentation. concealment. dishonest dealing bv trick. scheme or device. culcable negligence. or breach of trust in any title loan transaction which is within the iurisdiction of this County: or aiding. assisting. or consciring with any other cerson enaaaed in any such misconduct and in furtherance thereof. ill Ucon a finding by the County that the licensee or acclicant has committed any of the acts set forth in subsection (a) hereof. the County may enter an order and take one or more of the following actions: W Deny the acclication for a license cursuant to this ordinance. ill Revoke or suscend a license creviouslv granted cursuant to this Part. 1çl Place a licensee or acclicant for a license on crobation for a ceriod of time and subiect to such conditions as the County may scecify. @ Issue a letter of concern or recrimand. ilù Place cermanent restrictions or conditions ucon issuance or maintenance of a license cursuant to this ordinance. ill Imcose an administrative fine not to exceed $2.500.00 for each violation of this Part. 19l The County shall be entitled to a reasonable attorney's fees. including accellate fees and costs. in an action successfullv enforcing any fine imcosed under this Part. ..., '-' ru When the County has reasonable cause to believe that a licensee is ooerating in violation of this Part. it may bring a civil action in any court of comoetent iurisdiction to enf r e or ad mini of a receiver. 1!l The County may adoot regulations which set forth with soecificitv acts or of this Part. Section 1-14-36. Additional remedy to borrower. Drivate right of action. Anv borrower injured bv a violation of this Dart may bring an action for recovery of dam or contracted to be charged or reserved. Said borrower may recover reasonable attorney's fees and costs of such action. An award may be entered for ounitive damaaes. The remedies orovided for under this Dart are in addition to any other orocedures or remedies for any violation orovided in any other law or ordinance. Section 1-14-47 Transition Deriod for regulations. restrictions. and licensure provisions. Each secondhand dealer ooerating as a title loan lender on the effective date of this ordinance shall have three months from the effective date of this ordinance to comolv with the regulations. restrictions. and licensure orovisions of this Part before the County may initiate any administrative or civil action. or refer a matter for criminal orosecution. Part B. Conflict by Provisions. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict, as of the effective date of this ordinance. Part C. Severability. .., "- If any word, phrase, clause, section, or portion of this Ordinance shall be held invalid or unconstitutional by a court of competent jurisdiction, such portion or words shall be deemed a separate and independent provision and such holding shall not affect the validity of the remaining portions thereof. Part D. Effective Date. This ordinance shall be effective on January 1, 2000, and shall apply to all affected transactions on and after said date. Part E. Adoption. After motion and second, the vote on this ordinance was as follows: Chairman Paula A. Lewis Vice Chairman John D. Bruhn Commissioner Cliff Barnes Commissioner Doug Coward Commissioner Frannie Hutchinson Section 5. Codification. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. xxx XXX XXX XXX XXX 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 E shall not be codified. PASSED AND DULY ADOPTED this day of ,1999. ""'" "-" ATTEST: BOARD OF COUNTY COMMISSIONERS ST. 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C-2 DATE:l0/19/99 REGULAR [ ] PUBLIC HEARING CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Division of Forestry Joe Spataro, Forest Area Supervisor SUBJECT: Annual Fire Control Report BACKGROUND: The Division of Forestry is required to submit their Annual Fire Control Report to the County Commission. This report outlines the Fire Control activities for the past year. They request that it be placed on the consent agenda for Board acceptance. FUNDS AVAIL. : PREVIOUS ACTION: RECOMMENDATION: Staff recommends acceptance of the Annual Fire Control Report from the State Division of Forestry. X] APPROVED ] OTHER: DENIED E: COMMISSION ACTION: ug as M. Anderson ty Administrator Review and Approvals County Attorney: Management & Budget purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicableJ___ Eff. 5/96 - ,. ....., '-' Florida Department of Agriculture & Consumer Services BOB CRAWFORD~ Commissioner The Capitol · Tanahassee~ FL 32399-0800 FP/ANNUAL REPORT September 29, 1999 ~ P! 'fì~ (' \0 t\ Mr. Douglas M. Anderson County Administrator St. Lucie County 2300 Virginia Ave. Ft. Pierce, FL. 34982 Dear Mr. Anderson: Please find attached a copy of the Annual Fire Control Report as required by Division of Forestry Policy. This report outlines the Fire Control Activities for the past year and is intended for the County Commissioners. To assure complete understandmg of the commitment between emergency response agencies in St. Lucie County and the Division of Forestry for emergency response, attached you will find a copy of the County Operating Plan. The plan is a working document that outlines capabilities and responsibilities of the St. Lucie County Fire District and the Division of Forestry. Would you please place the report on the Commission's agenda and notify my office of the date it will appear before the Commissioners. If you have any questions or need any additional information, please let me know. SINCERELY pc: Bill Theobald, Deputy Chief, Field Operations Jim Rath, District Manager, Okeechobee '---"_h ..... '~~'h -"__H -.--.,..-.-.".,....- CO. I.D;.1'4. o¡.:¡:\r ,:; ~._---------~-_._>------~ . . . '-' ..., ANNUAL FIRE CONTROL REPORT SAINT LUCIE COUNTY As required by the Division of Forestry, an annual report is submitted each year to review the work undertaken by the Division during the past fiscal year. Currently Saint Lucie County is assessed $3,462.60 for fire protection of 115,420 acres. The following is a break down of Forestry activities from July 1, 1998 to June 30, 1999. Burning AuthorizatioDS - During the past twelve months the Division issued 2,150 authorizations, for 29,951 acres. The authorizations were for land clearing, agricultural, and silvicultural type fires. The number of authorizations are for the entire county, including the cities of Port Saint Lucie and Ft. Pierce. Please see "attachment A" for a complete list of authorizations by Bum Type and Acres. The Division of Forestry does not charge for burning authorizations or smoke complaint investigations. Fires - There were 23 fires this past year and a increase in the total acreage from 485.5 to 1,334.7 acres. Please see "attachment B" for a complete list of fires by Cause and Acres. The Fire Department handled numerous fires where our assistance was not needed; these are not reflected in this report. Lightning caused fires were the leading cause of wildfires this past year. Law Enforcement - We issued 12 Notice of Violations in St. Lucie County to people for illegal burning, carelessly starting a fire, or allowing their fire to escape. Suppression bills were sent to the known violators when the Division of Forestry occurred any cost. Suppression billing is used instead of criminal proceedings for most first time offenders. Fire Prevention - Numerous news articles relating to fire prevention and current fire situations were given to local newspapers. Several school programs were given to elementary schools throughout the county. Please see "attachment C" for a complete list of all fire prevention activities for St. Lucie & Indian River Co. '-" ..,.¡ Annual Fire Control Report Saint Lucie CoWlty Page 2 R.C.F.P. Leases - The Saint Lucie Fire District currently has leased from the Division, one 4x4 one ton pickup, one 1/4 ton trailer, one 3/4 ton trailer that is used for a fuel trailer, one 5 kilowatt generator, one 30 kilowatt generator, one 60 kilowatt generator, and seven D.O.F radios. The Division will attempt to upgrade all leased equipment upon request. D.O.F. Staffing for Saint. Lucie County - The Division has one Forest Area Supervisor, one Senior Forest Ranger, and three Forest Rangers assigned to the CoWlty. The Okeechobee District has one Senior Forester and one Wildland Fire Mitigation Specialist on staff to assist with Forestry activities within our six coWlties. Other D.O.F. Assistance - The Division continues to work with the Indian River Lagoon Envirothon. This past year we participated in the Teacher's Workshop, the competition, and have members on the Technical and Steering Committees. We prescribed bum one parcel of land for CoWlty Staff and determined the feasibility of a prescribed bum for fuel management on another. The Okeechobee District hosted the F.F.A. Forestry Field Day competition in Okeechobee CoWlty. All Saint Lucie County chapters were invited. The Division hosted a public seminar on Prescribed Burning to help educate the public on the benefits of burning and why we need to reduce the fuel loading and fire potential. Goals for FY 99/00 -Our primary goal this year will be to identified those areas in the urban/wildland interface that need wildfire mitigation work. Once they are identified, start the mitigation process. Either use the Hawkins Bill for burning or fuel management by mechanical means. The continuing cooperation between the Division of Forestry and the Saint Lucie CoWlty Fire District helped reduce the potential for the loss of life or additional property from wildfires this past year. The use of the Incident Command System by the Division of Forestry and the Fire District did help prepare us for the emergency that struck St. Lucie CoWlty. In closing I would like to invite the COWlty staff to call upon the Division of Forestry if they need assistance with any forestry related subjects. '-' ..., ST. LUCIE COUNTY BURNING AUTHORIZATIONS SUMMARY BURN TYPE AUTHORIZED FIRES AUTHORIZED ACRES AGRICULTURE 1,664 29,442 SILVICULTURE 21 413 HZRD. REMOVAL 18 63 PRIOR TO SEED 1 0 SITE PREP 2 350 WILDLIFE 0 0 ECOLOGICAL 0 0 OTHER 0 0 LAND CLEARING 465 96 TOTAL 2,150 29,951 SUMMARY FOR THE OKEECHOBEE DISTRICT INDIAN RIVER. ST. LUCIE, MARTIN, OKEEŒOBEB, IDGHLANDS, AND GLADES COUNTY BURN TYPE AUTHORIZED FIRES AUTHORIZED ACRES AGRICULTURE 7,006 161,862 SILVICULTURE 229 41,790 LAND CLEARING 1,509 1,433 TOTAL 8,744 205,085 ATTACHMENT A '-" ....., ST. LUCIE COUNTY FIRES BY CAUSE SUMMARY CAUSE FIRES ACRES LIGHTNING 8 200.7 CAMPFIRES 0 0.0 SMOKING 1 0.1 DEBRIS BURNING 2 100.1 INCENDIARY 1 30.0 EQUIPMENT 2 33.0 RAILROAD 0 0.0 CHILDREN 2 103.0 UNKNOWN 4 103.7 MISCELLANEOUS 3 764.1 TOTAL 2J 1334.7 SUMMARY FOR THE OKEECHOBEE DISTRICT INDIAN RIVER. ST. LUCIE, MARTIN, OKEECHOBEE, IDGHLANDS, AND GLADES COUNTY CAUSE FIRES ACRES LIGHTNING 152 4,615.7 CAMPFIRES 6 28.0 SMOKING 7 133.2 DEBRIS BURNING 70 1,864.9 INCENDIARY 56 4,341.0 EQUIPMENT 27 220.9 RAILROAD 4 3.2 CHILDREN 29 297.3 UNKNOWN 50 1,347.6 MISCELLANEOUS 36 1,373.5 TOTAL 437 14,225.3 ATTACHMENT B '-' ...., FY 98-99 NEWSPAPER T.V. PLOWING PRESCRIBED ASSIST WITH RADIO SCHOOLS CIVIC CLUB FIRE DEFf. APPEARANCE HOURS BURNDOF BURN JULY 10 1 2 0 0 0 0 0 1 AUGUST 2 0 0 0 0 1 0 0 4 SEPTEMBER 0 0 0 0 2 0 0 0 0 SOB-TOTAL 12 1 2 0 2 1 0 0 5 OcTOBER 1 0 0 2 3 1 0 0 1 NOVEMBER 2 0 0 6 0 0 33 1 2 DEcEMBER 0 0 0 0 1 1 0 1 1 SUB-TOTAL 3 0 0 8 4 2 33 2 4 JANUARY 3 0 1 1 1 5 2 1 3 FEBRUARY 7 0 0 2 2 2 18 1 0 MARCH 14 2 16 2 3 1 28 0 0 SUB-TOTAL 24 2 17 5 6 8 48 2 3 APRIL 18 ** 3 ** 16 ** 13 0 5 0 0 0 MAY 5 ** ** ** 0 0 6 0 0 0 JUNE 3 0 1 1 2 1 0 0 0 SOB-TOTAL 26 3 17 14 2 12 0 0 0 lI'Y-TOTAL 65 ~ ä rz. ~ 13 81 4 .u OKEECHOBEE DISTRICT - FIRE PREVENTION STATISTICS: FY-98/99. For Indian River and St. Lucie County Numerous News Articles, Radio, and T.V. interviews from around the District concerning the fires and drought index. ** = Given to P.I.O.'s at district office for their records. Not able to identify work for Indian River & St. Lucie Co. Scout Day at FPL plant on Hut. Island in January ATTACHMENT C '-" ...., ... . OPERATING PLAN BETWEEN FWRIDA DWISION OF FORESTRY AND SAINT LUCIE COUN'IY FIRE DISTRICT FISCAL YEAR 99-00 " '-' TABLE OF CONTENTS ...., Purpose ................ .............. ...... ...... .................... ........... ........ ............. Page 1 /It Existing Agreement . ........................................ ........................... ........ Page 1 Mutual Aid Zones ..... . ..... ......... .... . . . . . . . .. . . . . . . . .. . . . .. ...... . .., . . ... . . . ... . . . . . .. ... Page 1 Burning Authorizations ............ .......................................................... Page 2 Incident Reports ............. ................................................................... Page 3 Fire Cause Investigation .................................................................... Page 3 Fire Prevention ................................................ ................... ............... Page 3 Prescribed B uming . . . . . . . .. . . . . . . . . . . . . ... .. . . .. .... .. . . . . . . .. . . . .. . . . . .. . . . . . . .... . .. .. . .. . .. Page 4 Training ............................................................................................. Page 4 Communications ..... . . . . . . . . . . . . . . . . . .. . ... . . . . ... .. . . . . .. . . . . . .. . .. . . . . . . .. . . . . .. . . . . . . . . . .. .. Page 4 Facilities .... ................ ......... ..... .......................................................... Page 4 Personnel and Equipment ................................................................... Page 5 Operation ... ... . . . . . .. . . .. .... .. ..... . . .. ... . . . . .. . . . . . . . . . .... ...... . . ... . ... . . . . ... . . . . . . . . . . . . . .. Page 5 Financial Arrangement ............ ................................. ............. ............. Page 5 Fire Readiness Level ........................................................................ Appendix A DOF Training ................................................................................... Appendix B DOF Key Personnel .......................................................................... Appendix C Fire Key Personnel ........................................................................... Appendix D . . . A d· E F rre T rall11I1g . .. . .. . . . . .. .. . . . . . . . . . . . . . . . . . . . .. . . . .. .. . .. . .. . . . . .. . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . ppen IX F ire Equipment . . . . . . . ..... . . . . . . ... .. . . . . . . .. . . . . . . . . . . .. . . .. . . . . .. . . . . . . . . . . . . . . . . .... . .. . .. .. Appendix F DOF Equipment ............................................................................... Appendix G '-" ...., ,. PURPOSE The purpose of tliis plan is to outline operating procedures between the Division of Forestry and the St. Lucie County Fire District within the framework of the St. Lucie County Cooperative Agreement. The respective agencies have always responded to a mutual aid call, with written guidelines that more completely address the type and extent of cooperation between agencies, creating a more effective relationship for the citizens of S1. Lucie County. This plan will be reviewed and updated annually. A copy should be provided to each dispatch center for personnel to review. EXISTING AGREEMENT State of Florida Cooperative Agreement between the Department of Agriculture and Consumer Services and St. Lucie County establishes 115,420 acres of protected forest and wildland in the county. Written agreement between DOF and SLCFD allows SLCFD to operate on frequencies 159.315 and 159.405 licensed by the Division of Forestry. SLCFD will follow procedures established by DOF for these frequencies. SLCFD currently has one 4x4 pickup, one fuel trailer, one trailer, one 5 KW generator, one 30 KW generator, and one 60 KW generator on loan from the DOF. The DOF will work with SLCFD to upgrade and replace this or provide additional equipment as needed as requested. MUTUAL AID ZONES The DOF and SLCFD will respond to any mutual aid request in any part of St. Lucie County. The use of the 911 system makes SLCFD first call. The SLCFD will call for assistance when the forest fuels are such that water alone is not an effective means of putting the fire "dead out." When the DOF is at a Fire Readiness Level #3 or above, DOF will call the St. Lucie County dispatch center and advise. 1 ~ '-' ~ ",. -- The DOF will also notify when Fire Danger is critical or when Extreme Fire Behavior is expected and when 100% mop-up is needed or when the DOF should plow security linés around wildland fires suppressed by SLCFD. (Fire Readiness Level Plan included in Appendix A.) Along local and county highways or other major high speed roadways, the DOF and SLCFD will provide all mutual assistance necessary to do 100% mop-up where the highways are prone to fog, smoke-related accidents or fires that require large volumes of water. The Division of Forestry cannot respond to hazardous material incidents. DOF personnel are not properly trained and the DOF lacks the proper safety equipment associated with hazardous materials. The Division of Forestry can respond to dump or landfill fires to provide only logistical support. If a brush fire starts as a result of a dump fire, DOF will combat the brush fire a safe distance from the site. Lack of safety equipment and training for DOF personnel will not allow direct attack. BURNING AUTHORIZATIONS The Division of Forestry is responsible for the enforcement of Chapter 590, Florida Statutes. An Intergovernmental Agreement between the DOF and Department of Environmental Protection has delegated a portion ofDEP rules, Chapter 62-256 Open Burning and Frost Protection Fires, to DOF. DOF has adopted Chapter 51-2 Rural Open Burning. The Division of Forestry will issue bum authorizations for all land clearing, agriculture, and silviculture operations in St. Lucie County. DOF will handle complaints and enforce the open burning laws and rules related to this type burning. DOF will provide the SLCFD a daily listing of all such authorizations by Section, Township, and Range. SLCFD can tenninate any bum it deems unsafe or hazardous to the citizens of St. Lucie County or if fire weather or conditions warrant. DOF will be notified of any termination of burning and for what reason. 2 - ... \wi ...." ~ INCIDENT REPORTS Upon request, each agency will provide an incident report to the requesting agency. Until compatible telecommunications technology is mutually acquired by each agency, the incident reports will be mailed or dispatched, depending upon the urgency of the request. FIRE CAUSE INVESTIGATION On each fire the DOF and SLCFD crews respond to, the initial operations attack crew will do a preliminary fire cause investigation. In those cases where enough infonnation is obtained by that crew for possible criminal prosecution, the responding agency will notify an appropriate law enforcement agency such as the local sheriff, city police, DACS Investigator, or Fire Department Investigator. The law enforcement agency will determine whether the evidence is sufficient to proceed with an investigation or arrest. If the wildland fire damages structures or motor vehicles, SLCFD Fire Prevention Bureau will investigate and document the cause and origin of the fire. The DACS Investigator will be called to assist in the investigation. This infonnation will be used by the SLCFD and also will be passed on to the DACS Investigator. The DOF will provide training for SLCFD personnel in the methods and techniques of wildland fire cause and origin investigation. The DACS Investigator will provide the SLCFD with the necessary infonnation and fonns for recording the fire cause. FIRE PREVENTION Quarterly, the agencies will compare wildland fires that have been suppressed and look for commonality to include, but not be limited to: date, day of week, time reported, infonnation on person reporting fire, location by STR, cause of fire and first responding unit. This infonnation will allow the agencies to better determine the type, cause and extent of wildland fires that occur in St. Lucie County. From this, a more detailed annual prevention action plan can be developed and implemented jointly. 3 '-' ..." PRESCRIBED BURNING The DOF may conduct hazard reduction bums in those areas of the WildlandlUrban Interface where it is detennined the best tactic to protect life and property. The DOF will supply manpower and equipment necessary to successfully conduct the bum. There may be a need for additional resources and the SLCFD will supply those resources if available the day of the bum. TRAINING Both DOF and SLCFD will jointly develop an annual training plan which is a part of this operating plan. (See Appendix B&E) COMMUNICATIONS Radio communications frequencies in the VHF range are available to SLCFD . Frequency 159.405 and 159.315 are DOF licensed along with the Red 154.260, WHITE 154.280, and BLUE 154.295, which are mutual aid frequencies. Currently SLCFD has seven radios on loan from the DOF. SLCFD has licensed frequency 453.050 which is the main dispatch frequency for ftres. The ftre department has provided one radio to the local Forest Area Supervisor. This radio is strictly for fire business. The SLCFD dispatch center phone numbers are 561/462-2300 and Suncom 259-2300. The DOF dispatch center phone numbers are 941/462-5160 and Suncom 761-5160. The DOF also has a facsimile machine available for use by the SLCFD or to send information to or from the SLCFD. The FAX number is 561/778-6313. SLCFD FAX number is 561/462-2307. F ACILITlliS Meetings for up to 40 people can be conducted and supported at the DOF office in Okeechobee. For most training sessions this facility is adequate but arrangements can be made with the SLCFD Training Division. 4 '-" .."", PERSONNEL AND EQUIPMENT A current list of DOF and SLCFD personnel and equipment is a part of this operating plan. (See Appendix C&D) OPERATIONS By virtue of the 911 system, the SLCFD is the first call to many wildland fires. DOF will respond to any wildland fire or other incident where assistance may be needed. Both agencies will utilize the concepts of Unified Command when jointly working incidents. Reinforcement will make contact with initial attack units through the mobile channel. The Incident Commander will then assign a tactical channel and direct all crews to utilize that channel. The IC will continue to monitor mobile channel and agency dispatch. Type of incident will dictate who has command responsibility. Where structures are concerned~ SLCFD will fill command responsibility and DOF will support. Where mostly wildland is concerned, a Battalion Chief from SLCFD will be in command. Upon arrival of a Forest Area Supervisor, Officer In Charge, or Senior Ranger, the DOF will assume command and the SLCFD will support. FINANCIAL ARRANGEMENTS Each agency will support its own financial commitment to an incident. PLAN-,PROVAL / /fit(iÆn BY '~(~" / ·1'\... , TITLE, Fire Chief A fl' ,.. ( ~-~ . . BY f,/! ~?l ç,t..{,,:ð TITLE, DIStrIct Manager BY f¡"~ TITLE, FprestArea Supervisor DATE 'f-/1-~'5 ~ DATELf-/0 e¡q DATE 9-7 '11 5 '-'" .~ ...., FIRE READINESS LEVEL PLAN v ATI'ACHMENT FIRE READINESS LEVELS AS RELATED TO THE ANTICIPATED FIRE SITUATION In consideration of weather, season, recent fire activity and other related factors: FIRE READINESS LEVEL I FIRE !U~ADINESS LEVEL 2 FIRE READINESS LEVEL 3 FIRE READINESS LEVEL 4 FIRE READINESS LEVEL 5 Little or no fire activity anticipated. Some "routine" fires anticipated. No more than 50% of resources expected to be needed at any given time. No difficulty in control or mop-up expected. Very active fire day anticipated. Fire occurrence above average and difficulty of control expected. May have to commit 80% of resources at any given time. . Fire situation expected to be difficult. May have fires carrying over from the previous day, new fires starting, and experiencing difficulty of control. All resources will probably be committed and assistance from outside the district may be required. Fire situation is extreme and ability to respond will exceed district capability. Fires are numerous, large, and difficult to control and mop-up. Outside assistance will be needed beyond a 24-hour period, and in Incident Command Teanl may be required. ~ '...I .. -T:" APPENDIX II . . FIRE READINESS LEVEL PLAN v POLICY The Florida Division of Forestry is charged by law with the responsibility of protecting the State's forest resources from destruction by wildfire. It is the policy of the Division of rorestry that its fire suppression forces be at a level of readiness commensurate with the projected and existing fórest fire conditions and that other 'fire suppression forces in the State be kepI apprised of the fire situation as warranted. PROCEDURE I. !he field unit manager is responsible for insuring that the personnel, equipment, and facilities under his supervision are ready to meet the challenge of the projected/cxisting firc situation and, thereforc, is responsiblc for the opcration of thc rirc Readiness Level Plan system in his unit. 2. The field unit manager will assign the Officer-in-Charge (OIC) who will coordinate lhc rirc Rcadiness Level Plan. The OIC will implement and monitor the rirc Readincss Level Plan after hours, on weekends, etc. The name of the OIC will be posled in the Dispatch Center at all times. 3. The Fire Readiness Level Plan will be sel by the OIC after input is received from ~he field unit manager, Area Supervisors, and after considering fire danger rating, weather forecast,equipment slalus, risk, and other pertinent factors. The Fire Readiness Level for tomorrow should be sel today, immediately aftcr receiving the afternoon weather forecast. This forecast should be available to you no latcr than 1600 each day. lA/PORTANT: Fire Readilless Lel,e! Plalls call alld should be updated at all)' time if COil ditto us so warraut. Tlte Fire COlltrol Bureau may request tltat afield Ullit set a specijìc Fire Readilless LeIte! Piau. 4. Dislricts will advise Fire Control daily with the Activity Report of the Fire Rcadiness Level that has becn set for thc next day. 5. Fire Readiness Level Plans will be based on the worst fire conditions expecled in the district for cach day. This will correlate with the Fire Danger Rating Systcm in which the "worst fire" is assumcd to occur at mid-aftcrnoon ,,,,,hcn winds arc highcst and ,the humidily is (he lowest (See Attachll1enlto Fire lZeadiness Level Plan) ...~ . Fire Readiness Level Pla~ ...., Page Two PROCEDURE - cont. \ 6~Fire Readiness Level Plans will be identified as Fire Readiness Level 1,2,3,4, or 5. Factors to be considered in setting Fire Re~diness Level Plan: 1) Hazard - The influence of weather and fuel conditions on fire behavior. a. Fire Danger Rating - An indicator of the degree' of hazard on a particular day. On most days the Fire Readiness Lev~1 Plan will follow the projected fire danger rating closely. . b. Drought/Rainfall - Included in Fire Danger Rating but should be given specific consideration. c. Fire Weather Forecasts - Used in projected fire danger ratings and as an additional indicator oJ hazards pertaining to such specific problems as erratic fire behavior. atmospheric instability, frontal passage, safety, etc. d. Season of the Year - Very important with regard to fuels, in that hazard is higher when fuels are cured than during the summer months. Partially reflected through herbaceous stage monitoring. 2) Risk - The chance of a fire starting. Consideration should be given to recent and historic fire occurrcnce, ignition probability,.activities of people, lightning, etc. Risk will bc assessed by the Officer in Charge. Example - More fires generally occur on Saturday than on Monday. 3) Capability - Fire Readiness Level Plans are based on the capability of the district's personnel and equipment available; consequently, the Fire Readiness Level Plan must be increased when any appreciable loss of capability occurs. A reduction in capability occúrs when units are not operational, persormel are sick, exhausted Or otherwise not available for fire duty. Capability will be assessed daily by the Ole. FIRE READINESS LEVELl 1. Mandatory Activities a. Towcrs - Optional tower manning. Local decisions based on recent fire occurrcnce and values-at -risk. . b. Rangcrs - Pcrro/JII lOutine duties. c. Area Supervisors Perform routine duties. d. Burning ^lIthori/~\(ions - Routine precautions. \wf Fire Readiness Lcvel Plan 1 ...." Page Three -.~ FIRE READINESS LEVEL 1 - cont. e. Air Patrol'- Optional, local decision based on recenl fire 'V occurrence and values-at-risk. r. On-Call - Maximum of one initial attack unit per area unless fire situation requires more. 2. Permissible Activities - Regular Duties. FIRE READINESS LEVEL 2 1. Mandatory Activities a. Towers - Slaff all key lowers. The slaffing of secondary lowers is a local decision bascd on rccenl fire occurrence and values-at-risk. b. Rangers - Perform routine duties and be on fire call. c. Area Supervisors - Perform routine duties. d. ßurning Authorizations - Advise caution in high hazard areas. e. Air Patrol - Optional, local decision based on fire occurrence, burning authorizations, values-at-risk, and local firc danger ratings. r. On-Call - Maximum of one initial attack unit for arc a unless local fire situation requlrcs morc. 2. Permissible Activities - Rcgular Duties. FIRE READINESS LEVEL 3 1. Mandatory Activitics a. Area Personnel 1) Towers - Staff all key towers. Staff all secondary towers between 1200 and 1600 hours. 2) Rangers - Be ready for dispatch. Perform only lhose duties that will allow rapid fire dispatch. Unless fire occurrence is low, maintain all scheduled crews on duty or on call on Sundays and holidays. Fire Readiness Level PI~ .."." Page Four ..--::- F.lRE READINESS LEVEL 3 - cont. 3) Area'Supervisors - While on duty perform only those duties that will allow 5 ..... minutes fire dispatch. Check equipment in early a.m. Emphasize safety. 4) Burning Authorizations - Request landowners to delay burning authorization requests until fire danger subsides. Restrict authorizations to those which the person responsible will offer assurance of adequate control. Conduct on-site inspection when circumstances and time will ailow. 5) Air Patrol - Afternoon patrol of district unless the OIC detennines it is not required. 6) On-Call - Maximum Qf two initial attack units per area unless local fire situation requires more. b. DistricI personnel - During morning hours, OIC either in district office or close by and in immediate contact. During the afternoon, OIC in district office unless fire occurrence is low or needed at the scene of the fire. When occurrence is low, handle afternoon duty as per morning duty. Weekends and holidays handled same as weekdays. c. Cooperators/RFD's - Weather, Fire Readiness Level, and Fir~ Danger Rating from 1400 Eastern Standard Time data relayed to all concerned parties. d. OIC should initiate appropriate contact with news media. c. fire Control Bureau Office - OIC in fire Control Office or immediate contact at all times. 2. Permissible Activities a. Leave granted only on a limited basis. District Manager/Center Manager must be consulted before extended leave is granted to persormel. b. Activities of all fire control persOImc1 must not lessen fire dispatch capability. FIRE READINESS LEVEL 4 I. Mandatory Activities a Area Pn:-;ollllcl t '-" Fire Readiness Level Plan .~ ., -.~ Page Five \ . . FIRE READINESS LEVEL 4 - cont. v 1) Towers - Staff all key towers and secondary towers. Staggered lunch periods. Night check recommended. 2) Rangers - On fire duty. No other activities; stay with equipment unless otherwise authorized by the OIC. Maintain all scheduled crews on duty or on call on Sundays and holidays. Only emergency leave granted. If fire Occurrence is high, cancel days off. 3) Areå Supervisors - No duties other than those related to fire suppression. Check equipment in a.l11. Regular days off canceled. Conduct safety briefings. 4) Burning Authorizations - All open burning restricted to areas where positivc control is guaranteed. On-site inspection by supervisor or investigator required prior to authorization. 5) Air Patrol - Morning check and afternoon patrol of district. Beginning and ending hours to be determined by OIC. District Forester/Center Manager may exempt requirement if local conditions warrant. 6) On-Call - A minimum of two initial a((ack units per area, on call at least until 2100 hours, if required. b. District Personnel - OIC in district office during normal work hours and at night if fires continue uncontrolled. He may leave the district office for visits to Ú1e scene of fire problems. All other district personnel on alert for fire duty. c. District Shop Personnel - lri communication and available for dispatch as needed. d. Cooperators/IU;'D's - Fire situation relayed to all concerned parties. Advise of needed assistance, etc. c. Advise news media of fire situation and danger. r. I f available, initially dispatch 2 units to fires in areas of high risk/loss potential and consider such in areas of moderate risk/loss potential. High risk is defined as [ollows: , ( '-' Fire Readiness Level Plan ~ ...., Page Six FIRE READINESS LEVEL 4 - cont. Y' I) Lifc'and property 2) Young plantations 3) Wcll-stockcd young natural pinc stands 4) High value public use areas 5) Historic and unique areas 6) Large areas of othcr well-stock cd stands g. Pre-position units as warrantcd. Notify adjoining districts of potcntial need for assistance. .. \ ...,..... h. Fire Control Bureau Office - OIC in Fire Control Office throughout the day and at night as needed or on immediate call. I) Notify Incident Command Team of possible need. 2) Notify Strike Teams of possible need. 3) Alert helicopter pilots. 2. Permissible Activities a. Leave granted only on an emergency basis. h. Activities of all Area, District, and District Shop personnel must not lessen fire dispatch capability. c. Activities of all Division of Forestry persònnel must not lessen Duty/Dispatch capability or length of response time. FIRE READINESS LEVEL 5 1. Mandatory Activities . a. Area personnel 1) Towers - Staff a1l key and secondary towers. Provide relief personnel duriri.g lúnch breaks, if possible. Early morning and night checks required. Days off and non-emergency leave canceled. 2) Rangers - On fire duty. No other activities; stay with equipment. 3) Area Supervisors - Stay in communication with crews and dispatch center. No dUlies olher than those related to fire suppression. Check equipment in a.m. Supervise carly morning and night tower checks. Insure adequate personnel on dUly 10 slall all fïrst line fire suppression units. Conduct safety briefíngs. , t '-' Fire Readiness Level Plan ...." Page Seven FIRE READINESS LEVEL 5 - cont. ". 4) ßurnil1g Authorizations - Nonc allowed without on-site inspection by supervisor or investigator and approval of District Forester or Center Manager. 5) Air Patrol - Patrol district throughout the day with necessary stops for rest and fuel. 6) On-Call - A,minimum of two initial attack units pcr area is required until midnight. b. District Pcrsonnel - OIC remain in district office as long as Fire Readincss LevelS is in effect, and all fires are not mopped up. May assign Deputy OIC for night shifl. OlC may leave district office when needed at the scene of a fire problem. All other district personnel on alert or on-call for fire duty. Communication between areas, district office, and Fire control Bureau Office be maintained on a continuing basis. c. A dvise news media of fire situation and danger. Request maximum coverage. d. I f available, immediatcly dispatch 3 or more units to areas of high risk/loss potel1tial. Dispatch 2 or more units to areas of moderate risk/loss potential. Dispatch 2 units to fires in areas of low risk/loss potential. e. District Shop Personnel - In conul1.unication and available for dispatch as needed. f. All district personnel not listed in a-e above, be available [or fire duty as needed. No work is to be done that would in flny way limit such duty or add to response limc. g. Cooperators/RFD's - Fire situation be relayed to all concerned parties. Request maximum assistance be available. Advise that burning authorizations be restricted. h. Pre-position units as warranted. Notify adjoining districts of potential needs. I. Fire Control Bureau Office - OIC be in Fire Control Office 0600 to 2100 hours, longer if needed. On immediate call 24 hrs/day. Fire Control Bureau Staff - On fire duty unless othef\vise approved by Chief of Fire Control. J. , t , Fire Readiness Lcvel Pla~ ..."., Page Eight FIRE READINESS LEVEL 5 - cant. ....... k. Fire Overbead Team on stand-by for possible dispatch to large and multiple fire situations. I. Alert helicopter pilots. m. Alert strike teams for possible dispatch. n. State Forester, Regional Foresters and Fire Staff consider burning ban. 2. Permissible Activities a. Leave granted on an emergency basis, only. b. Activities of all Division of Forestry personnel must notlcssen fire duty/dispatch capability or length of response time. '-' ¥ DOF TRAINING AVAILABLE The Division of Forestry can provide a range of instruction to the St. Lucie County F ire District by the Okeechobee District and in combination with the statewide resources and national training programs available. Within the district our personnel can provide: 1-200, Basic Incident Command System 1-200, Module 2, Principles & Features oflCS 1-200, Module 3, Organizational Overview 1-200, Module 4, Incident Facilities 1-200, Module 5, Incident Resources 1-200, Module 6, Common Responsibilities 8-130, Firefighting Training S-190, Introduction to Wildland Fire Behavior S-205, Fire Operations in the Urban Interface S-212, Wildfire Power saw Fire Shelter Deployment Wildland Fire Suppression Tactics Wildfire Cause and Origin Training (Modified) Florida Fire Behavior Emergency Tractor Operation Standards for Survival Training resources available statewide can include: S-290, Intennediate Wildland Fire Behavior S-390, Advanced Fire Behavior Basic Fire Control Training ICS Staff Assignment Training Basics in Prescribed Burning Training S-270, Basic Air Operations Helicopter External Load Training Helicopter Tactic/Utilization Wildfire Cause and Origin Training APPENDIX B '-' ...",; OKEECHOBEE DISTRICT Key Personnel Jim B. Ra~ District Manager Okeechobee, Indian River, St. Lucie, Mart~ Highlands, Glades Work 941/462-5160, Suncom 761-5160 Call Sign Okeechobee 1 Dotti Ro~ Administrative Assistant Work 941/462-5160, Suncom 761-5160 Call Sign Okeechobee 6 Joe Spataro, Forest Area Supervisor Indian River and St. Lucie County Work 561/778-5085, Suncom 240-5085 Call Sign Okeechobee 3 Ed Ward, Forest Area Supervisor Martin and Okeechobee County Work 561/221-4045, Suncom 269-4045 Call Sign Okeechobee 5 Tim Elder, Forest Area Supervisor Highlands and Glades County Work 941/655-6407, Suncom 742-6407 Call Sign Okeechobee 4 Greg Fogleman, Single Engine Airplane Pilot Work 941/462-5160, Suncom 761-5160 Call Sign Okeechobee 25 Larry Foster, Automotive Maintenance Equipment Superintendent Work 941/462-5160, Suncom 761-5160 Call Sign Okeechobee 8 Joyce Teich, Duty Officer Supervisor Work 941/462-5160, Suncom761-5160 Call Sign Okeechobee 2 Roxann Watson, Telecommunications Specialist ill Work 941/462-5160, Suncom 761-5160 Call Sign Okeechobee 24 APPENDIX C E-I U ~ E-I 00. ~ ~ ~ ~ ~ ~ E-I Z Þ o u ~ ~ u þ ~ . 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C\I 10 0) co-.;t Õ).- ('I') O)C-1 -.....LL C\lQ 0'- ~ ........ ëij .92 -.;tOt) :J T- '-1 ~~+-' oZU) +:101:: SOO (f)('I')Q. -.;t 10 Q) t) C co :J ..c E +-'« .5 U) :J-1 0« Q)å ~IO Q)('I') ä:Q) O)C 0)0 0)1 T-w If'-.. 100) T-O) T- "EIO '- T- :J I 00::: o 10 ..-.. 0) ffi -.;t - ('I') -.;to-1 e.. LL 10 Q) ~ :J Q) ~c~ c ~.92 0«Q. ~T-1:: +-'C\l0 U)f'-..LL ~ Q) :J t) 00 Q) 0::: Q) 00 c o 0. 00 Q) 0::: +-' ~ ü: 00 co C :J ..... 00 Q) .5 0> c W « ....., ~ "1 00 co +-' o I- JQ .92 .c: o c .Q co ~ co m Ø) Ø) Ø) .... .r::. ~ 10 :E "i III "> CD 0:: IDtf ~CREW TYPE ""- MAKE YEAR LOC~ON NAME FUEL . g~08 1 4x2 BLAZER CHEVY 1991 OKEECHOBEE RATH G 10606 3 3/4T 4x4 PIU GMC 1998 VERO SPATARO G 9856 4 3/4T 4x4 PIU GMC 1995 SEBRING ELDER D 10054 5 3/4T 4x4 PIU FORD 1996 STUART E. WARD D 10011 8 3/4T 4x2 PIU FORD 1996 OKEECHOBEE FOSTER D 7435 10 lI2T 4x2 PIU DODGE 1984 OKEECHOBEE CHADDERDON G 9760 17 3/4T 4x4 PIU GMC 1995 OKEECHOBEE ARMSTRONG G 11003 24 VAN - RAMl500 DODGE 1999 OKEECHOBEE WATSON G 8263 25 4x2 BLAZER CHEVY 1988 OKEECHOBEE FOGLEMAN G N139FC 25NC AIRCRAFT PIPER 1982 OKEECHOBEE FOGLEMAN AlC FUEL 8816 30 TRANSPORT FORD 1990 FT. PIERCE HAGWOOD D T093 31 TRACTOR J.D. 550 GB 1990 FT. PIERCE SMEYKAL D P513 31H PLOW HESTER 2 DISC 1975 FT. PIERCE SMEYKAL N/A 8813 34 TRANSPORT FORD 1990 ROSELAND FUCCI D T095 35 TRACTOR J.D. 550 GB 1990 ROSELAND SANTOS D P538 35H PLOW HESTER 2 DISC 1978 ROSELAND SANTOS N/A 8790 36 TRANSPORT INTERNATIONAL 1990 VERO GLOVER D T062 37 TRACTOR J.D. 550 GWB 1988 VERO GLOVER D P610 37M PLOW MATHIS 2 DISC 1979 VERO GLOVER N/A 8496 42 TRANSPORT INTERNATIONAL 1989 LAKE PLACID DURRENCE D T201 43 TRACTOR J.D. 550 GBW 1994 LAKE PLACID DURRENCE D P609 43M PLOW MATHIS 2 DISC 1979 LAKE PLACID DURRENCE N/A 8539 44 TRANSPORT INTERNATIONAL 1989 SEBRING TAYLOR/SAWYER D T006 45 TRACTOR J.D. 550 GWB 1989 SEBRING TAYLOR/SAWYER D P539 45H PLOW HESTER 2 DISC 1978 SEBRING TAYLOR/SAWYER N/A 8386 46 TRANSPORT INTERNATIONAL 1988 P ALMDALE LIGHTSEY D T222 47 TRACTOR J.D. 550 GB 1995 P ALMDALE LIGHTSEY D P578 47M PLOW MATHIS 2 DISC 1979 P ALMDALE LIGHTSEY N/A 8490 48 TRANSPORT INTERNATIONAL 1989 P ALMDALE C. WARD D T060 49 TRACTOR J.D. 550 GB 1989 P ALMDALE C. WARD D ID #~ .cREW TYPE ~j MAKE YEAR LOC"-'ON NAME FUEL . .. ~ . P861 49F PLOW FESCO 4 DISC 1999 PLAMDALE C. WARD N/A 9838 50 TRANSPORT FORD 1995 OKEECHOBEE YEATES D T061 51 TRACTOR J.D. 550 GB 1989 OKEECHOBEE YEATES D P859 51F PLOW FESCO 4 DISC 1999 OKEECHOBEE YEATES N/A 6965 52 TRANSPORT FORD 1994 STUART GADSON D T290 53 TRACTOR J.D. 650 1999 STUART GADSON D P864 53F PLOW FESCO 2 DISC 1999 STUART GADSON N/A 8431 58 TRANSPORT INTERNATIONAL 1988 STUART NOVAKOWSKI D T007 59 TRACTOR J.D. 550 GB 1988 STUART NOVAKOWSKI D P445 59M PLOW MATHIS 2 DISC 1972 STUART NOVAKOWSKI N/A 9918 112 TANKER FORD 1995 SEBRING LEADINGHAM D 10395 113 TANKER FORD 1997 FT. PIERCE POTTER D 10528 114 TANKER GMC 1998 LAKE PLACID GffiBS D 9919 115 TANKER FORD 1995 STUART HOLLOWAY D 8827 116 TANKER FORD 1990 OKEECHOBEE RAIN D 10670 117 TANKER DODGE 1999 VERO HAWKS D 10400 118 TANKER FORD 1997 PALMDALE GOODWIN D 9548 202 DUMP INTERNATIONAL 1980 OKEECHOBEE POOL D 8703 203 VAN DODGE 1989 OKEECHOBEE POOL G 9511 204 FLAT BED INTERNATIONAL 1984 OKEECHOBEE POOL D 8870 205 1/2T 4x4 P/U CHEVY 1990 VERO POOL G 8681 208 1/2T 4x4 P/U CHEVY 1989 SEBRING POOL G T925 210 TRACTOR J.D. 450 E 1986 OKEECHOBEE POOL D T675 215 TRACTOR J.D. 350 CWB 1975 SEBRING SAWYER D 8387 216 TRANSPORT INTERNATIONAL 1988 OKEECHOBEE COLLIER D T947 217 TRACTOR J.D. 450 E 1988 OKEECHOBEE COLLIER D P685 217M PLOW MATHIS 2 DISC 1954 OKEECHOBEE RAIN N/A 10316 130 R-9 TANKER MACK 1984 LAKE PLACID GIBBS D 5843 WRECKER CHEVY 1984 OKEECHOBEE POOL D 11050 STAKE BODY FORD 1990 OKEECHOBEE POOL D ID#"" CREW TYPE '-' MAKE YEAR LOCA....iQN NAME FUEL . "' "\ 1'148 LOADER TEREX 1984 OKEECHOBEE POOL D 10517 CP II COMMAND UNITED 1998 OKEECHOBEE D-16 N/A TRAILER 10442 300 7000 ROAD GMC 1984 OKEECHOBEE POOL D TRACTOR T0679 OVER PLOW OKEECHOBEE POOL N/A HEAD P294 OVER PLOW OKEECHOBEE POOL N/A HEAD P310 OVER PLOW OKEECHOBEE POOL N/A HEAD AM391 OVER DISC FT. PIERCE POOL N/A HEAD P471 OVER PLOW MATHIS FT. PIERCE POOL N/A HEAD -.... '-" AGENDA REQUEST"'" ITEM NO. C3A DATE: October 19, 1999 REGULAR PUBLIC HEARING CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mike Leeds Director, Leisure Services SUBMITTED BY: Leisure Services SUBJECT: Request approval of John Brooks Park management plan and forward to Land Acquisition and Management Advisory Council. BACKGROUND: Florida Department of Natural Resources acquired the site on July 15, 1987. On March 29, 1988, St. Lucie County obtained a long-term lease for John Brooks Park. A management plan was prepared and accepted July, 1989. A 5-year plan update is required under provisions of the lease. The Blueway Advisory committee has reviewed the plan. The first public hearing was held on August 4, 1999. FUNDS AVAIL. Maintenance accounts exist in the Parks Division. PREVIOUS ACTION: N/A Recommendation: Approve the management plan for John Brooks Park and forward it to the Land Acquisition and Management Council for approval of the Board of Trustees of the Internal Improvement Trust Fund. [ X] [ ] APPROVED OTHER: DENIED M. Anderson, Administrator COMMISSION ACTION: Review and Approvals Mgt. & Budget: Purchasing: Originating D Other: Other: Finance: (Check for copy only, if applicable) ~. MEMO '-' ..., The Board of County Commissioners obtained a 50 year lease for John Brooks Park on March 29, 1988 from the Board of Trustees of the Internal Improvement Trust Fund. The lease covers the vast majority of the park, excluding three (3) parcels totaling 34.92 acres. These parcels are excluded in the lease, but included in the management plan for continuity. A requirement of the lease is to provide a management plan that is to be updated every five (5) years. The previous plan was prepared in 1989. Once the plan is completed, the Blueway Advisory Committee reviews the plan and recommended changes. After a public hearing is held and comments are received, the plan is sent to the Board of County Commissioners. Upon approval of the BOCC, the plan is submitted to the Land Acquisition and Management Council (LAMAC) for their approval prior to review by the Board of Trustees of the Internal Improvement Trust Fund. A public hearing was held on August 4, 1999 for John Brooks Park. No comments were generated from the hearing. Currently the sole improvements proposed in the plan is to construct a dune crossover. A copy of the management plan is available for review upon request. ... '-" AGENDA REQUEST~ ITEM NO. C3B DATE: October 19, 1999 REGULAR PUBLIC HEARING CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mike Leeds Director, Leisure Services SUBMITTED BY: Leisure Services SUBJECT: Request approval of Pepper Park management plan and forward to Land Acquisition and Management Advisory Council. BACKGROUND: In 1970 the County donated the original park site and an additional 33.64 acres to the State of Florida. In 1984 St. Lucie County leased back the property from the state. A management plan was prepared and approved on March 28, 1988. A 5-year plan update is required under provisions of the lease. The Blueway Advisory committee has reviewed the plan. The first public hearing was held on September 22, 1999. FUNDS AVAIL. Maintenance accounts exist in the Parks Division. PREVIOUS ACTION: N/A Recommendation: Approve the management plan for Pepper Park and transmit to Land Acquisition and Management Council for Board of Trustees of the Internal Improvement Trust Fund approval. [ X] [ ] APPROVED OTHER: ] DENIED gl s M. Anderson, y Administrator COMMISSION ACTION: C~~y A~to~ OrJ.gJ.natJ.ng Review and Approvals Mgt. & Budget: Purchasing: Other: 0tiIer : Finance: (Check for copy only, if applicable) '-' ...." MEMO The Board of County Commissioners obtained a 50 year lease for Pepper Park on October 31, 1984 from the Board of Trustees of the Internal Improvement Trust Fund. The lease covers the western and southeastern portions of the park, (33.64 ac) and excludes two parcels. The original park site (8.46 acres) located at the southwest portion of the site was deeded back to St. Lucie County in 1984. The LaPrade parcel (10.32 acres) located east of AlA and north of the existing park, was acquired in 1983. These parcels are excluded in the lease, but included in the management plan for continuity. A requirement of the lease is to provide a management plan that is to be updated every five (5) years. The previous plan was prepared in 1989. Once the plan is completed, the Blueway Advisory Committee reviews the plan and recommended changes. After a public hearing is held and comments are received, the plan is sent to the Board of County Commissioners. Upon approval of the BOCC, the plan is submitted to the Land Acquisition and Management Council (LAMAC) for their approval prior to review by the Board of Trustees of the Internal Improvement Trust Fund. A public hearing was held on September 22, 1999 for Pepper Park. No comments were generated from the hearing. Currently the sole improvements proposed in the plan is to hook up to the central sewer system. A copy of the management plan is available for review upon request. , "...,- '-' AGENDA REQUEST "wrI ITEM NO. DATE: October 19, 1999 C-4A CONSENT X] REGULAR PUBLIC HEARING [ ] Leg. [ ] Quasi-JD. SUBMITTED BY: Communi tv Development PRESENTED BY: . ~~7 - TO: BOARD OF COUNTY COMMISSIONERS Dev. Director SUBJECT: Consider approving Work Authorization #3 with Inwood Consulting Engineers for Design/Permitting and Inspection Work associated with the Lakewood Park Recreation Path. BACKGROUND: Attached is copy of the Work Authorization between St. Lucie County and Inwood Consulting Engineers for the design, permitting and inspection of the previously authorized Lakewood Park Recreation Path. Funding for this portion of the project will be from the County's Road Impact Fee Program. The source of funds for this work will be from Road Impact Fee Zone Number 1. Construction funding will be through a combination of available Impact Fee and other special funding sources that may be made available prior to the bidding of this project. In May, the Board directed that the County proceed with the project. The expected construction completi~n date is late fall, 2000. FUNDS AVAILABLE: Funds will be made available in 101006-4116-563000-4911, following Board approval. PREVIOUS ACTION: Board authorization to proceed with this project granted on May 11, 1999. RECOMMENDATION: Staff recommends approval of Work Authorization #3 between St. Lucie County and Inwood Consulting Engineers for the design, permitting and inspection of the previously authorized Lakewood Park Recreation Path. COMMISSION ACTION: [ X] APPROVED [ [ ] OTHER: DENIED UCounty Attorney: !Y .{¡gt & Budget: Purchasing: originating Dept: ~inance (copies only) : Other: Other: (AGEND478) '\ \wr "'wIll COMMISSION REVIEW: October 19, 1999 MEMORANDUM COMMUNITY DEVELOPMENT DEPARTMENT TO: Board of County Commissioners FROM: Julia Shewchuk, Community Development Director DATE: October 7, 1999 SUBJECT: Work Authorization #3 with Inwood Consulting Engineers for Design/Permitting and Inspection Work associated with the Lakewood Park Recreation Path. Attached is draft Work Authorization #3 between St. Lucie County and Inwood Consulting Engineers for the design, permitting and inspection ofthe previously authorized Lakewood Park Recreation Path. Funding for this portion of the project will be from the County's Road Impact Fee Program. The source of funds for this work will be from Road Impact Fee Zone Number 1. Construction funding will be through a combination of available Impact Fee and other special funding sources that may be made available prior to the bidding of this project. Staff recommends approval of the attached Work Authorization #3 with Inwood Consulting for the design permitting and construction services associated with this project. SUBMITTED: ·cf~iL ia Shewchuk ommunity Development Director jsl INWOOD1(a72) cc: County Administrator County Attorney Finance Director Management and Budget Director Public Works Director Leisure Services Director David Coleman. Inwood Consulting ~ ~ '-"' ,." I dJ···· CONSULTING "WOO · ENGINEERS, INC. Civil · Environmental · Transportation 3504 Lake Lynda Drive. Suite 41 O-Orlando. FL 32817 -(407) 273-3661 -(407) 273-3662 Fax October 4, 1999 SLC-ü05-03 Mr. Dennis J. Murphy, AICP Asst. Community Development Director Dept. of Community Development ST. LUCIE COUNfY 2300 V irginia Avenue Ft. Pierce, Florida 34982 fõ)Œm~O\VJ~fñ) lß] Œr - 5 1999 æJ COMMUNITY DEVELOPMENT ST. LUCIE COUNTY FL Re: Revised Proposal for Engineering Services - Kings Highway Path Dear Mr. Murphy: The attached documents are the revised Scope of Services, Fee Proposal and Project Schedule for the above referenced project. The project includes the evaluation and design of approximately two and a quarter (2~) núles of an 8-10 feet wide path along the west side of Kings Highway near the Lakewood Park subdivision. The path design will include three (3) pedestrian bridge crossings of the adjacent canal, various improvements to the comdor at road crossings and a sidewalk from the path to Lakewood Park Elementary. fuwood will provide concept and final construction plans preparation, contract document preparation, pennitting, bidding and limited construction services for the project. A detailed breakdown of our fees is provided in Exhibit "B"; however, a summary is provided below for your reference: Total $ 94,094.00 4,860.00 1 0,580.00 $ 109,534.00 Design & PefIJÙtting Bidding Services Construction Services This revised estimate represents a $50,911.00 reduction in fees from the previous proposal. We understand that this reduction more closely represents the County's budgetary and work effort expectations. Thank you for the opportunity to provide these services for the County and we look fOlWard to assisting the County on this important project. Should you have any questions or comments, please call. Very truly yours, c::::::-: INWOOD CONSULTING ENGINEERS, INe. ~.S)~,~ David G. Coleman, P.E. Principal e:\clerical\jobs\slc..ooS\slc..ooS -02\fee proposal\coverlettertoscottherring.doc '-" ..", WORK AUTHORIZATION =If-3 Engineering Services Related to Kings Highway Path Pursuant to that certain Agreement Between County and Engineer for Continuing Engineering Services (the "Agreement") between St. Lucie County ( the "County") and Inwood Consulting Engineers, Inc. (the "Engineer") dated September 9, 1997, Engineer agrees to provide the Scope of Services set forth in Exhibit "A" to this Work Authorization related to Kings Highway Path. Compensation to the Engineer and the schedule for completion of the work is set forth in Exhibit "B" - Fee Proposal and Exhibit "C" - Project Schedule, respectively. IN WITNESS WHEREOF, the County has as hereunto subscribed and the Consultant has affixed his, its, or their names, or name, on the dates below. WITNESSES: ST. LUCIE COUNTY, FLORIDA BY: COUNTYAD~TRATOR Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: INWOOD CONSULTING ENGINEERS, INC. BY: Alex B. Hull, P.E., President Date: e:lclerica1\jobslslc.()()S\sIc.()()5-03-tings-hwy-pathlfee proposal\ocope.doc Page I '-" """'" EXHIBIT "A" SCOPE OF SERVICES Article I Proiect Description The COUNTY hereby retains the ENGINEER to furnish Engineering Services for the following development: 1. An 8-10 feet wide concrete path, approximately two and one-quarter miles in length, along the west side of Kings Highway in the Lakewood Park Subdivision. The path design will include three (3) pedestrian bridge crossings of the adjacent canal, various improvements to the corridor at road crossings and a sidewalk from the path to Lakewood Park Elementary. The above described improvements are hereinafter called the PROJECT. Article IT Services by Engineer The consulting services that the ENGINEER shall furnish to the COUNTY under this Work Authorization shall include: A. Preliminary Engineering The ENGINEER will perform a preliminary design evaluation of the path location, width, intersections, bridges, drainage requirements and other components to consider corridor treatments, safety issues and construction costs. The ENGINEER will present the findings of this evaluation in a brief Technical Memorandum. The ENGINEER will obtain aerial photography of the project to aid in the development of concept plans. The ENGINEER will prepare a Rollout base map of the path alignment using the black and white aerial photograph as a background. The ENGINEER will meet with the COUNTY to discuss the concepts and submit the Conceptual Rollout Plan to the COUNTY for review and approval. Any comments from the COUNTY concerning the Technical Memorandum and the Rollout will be incorporated on the Conceptual Plan. A revised Rollout Plan will be provided to the COUNTY and can be used at the Board of County Commissioners and Public Information Meetings about the project. e:lclericalljobslslc-005IsIc.ooS.Q3-kings-hwy-palhlfee proposallscope.doc Page 2 , . ~ ....., B. Path Design, Analysis and Contract Documents Once the COUNTY approves the Conceptual Plan for the path, the ENGINEER will perform the final design and analysis necessary to construct the project. This will include accommodation for treatment of storm water runoff from the path; structural loadings and requirements for the pedestrian bridges; lighting at the pedestrian bridges and coordination with FPL for service to the lights; Kings Highway crossing design; benches and rest areas along path; and sidewalk design to Lakewood Park Elementary. The concrete path design will be an 8'-10' wide path and include traffic separators and signage at the road crossings, and will extend from the wye of Turnpike Feeder Road and Kings Highway north to the St. Lucie County line. The ENGINEER will prepare a set of construction plans suitable for bidding that will include, but not be limited to, the following: · Key Map; · Summary of Pay Items and General Notes; · Plan and Profiles; · Miscellaneous Details; · Cross Sections; · Drainage Details; · Traffic Control Sheet and Notes; · Utility Coordination and Adjustment Sheets; · Signing and Pavement Marking Sheets; · Structural Details; · Bridge Plans; and · Lighting Plans. The ENGINEER will also prepare a detailed computation book and provide an Engineer's Estimate of Construction Costs. The ENGINEER will also make one (1) field review and attend two (2) meetings with the COUNTY to discuss the PROJECT progress. Meeting minutes will be prepared. The ENGINEER will submit plans at the 60%, 90% and 100% completion stages for review by the COUNTY. Final Project Deliverables will be as follows: · Signed and sealed Preliminary Engineering Technical Memorandum. · Signed and sealed Geotechnical Report. · 11"x 17" Plan Sets for review (60%, 90% and 100% Plan Sets - 10 sets each submittal). · 11"x17" Plan Set (loose leat) for reproduction and bidding purposes (One Plan Set). · II"x 17" Plan Sets signed and sealed for final documentation (fwo Plans Sets). · 8Y2"xll" Technical Specifications & Contract Documents (if necessary), Engineer's Estimate, Bid Fonns, and Meeting Minutes. · 11 "x 17" As-Built Plan Sets (Two Plans Sets) · CADD files (MicroStation format). e:\cIerica~jobs\sIc"()()S\s1c"()()5-OJ-kings-hwy-pathlfee proposallscope.doc Page 3 '-' ...., c. Proiect Permitting The ENGINEER will perform all necessary drainage design, modeling and calculations necessary to permit the PROJECT. This task includes one (1) field visit and one (1) meeting with COUNTY staff. The ENGINEER will schedule and attend a pre-application meeting with South Florida Water Management District (SFWMD) to discuss permitting criteria, applicability and reviewer initial concerns. Upon substantial completion of the Plans, the ENGINEER will prepare the permit applications for submission to SFWMD and the Fort Pierce Fanns Water Control District (if required). The ENGINEER will respond to one (1) Request for Additional Information (RAl) to SFWMD. This task also includes the ENGINEER attending one meeting with the regulatory agencies and the preparation of meeting minutes. The COUNTY shall pay all permit fees. D. Bidding and Construction Services The ENGINEER will prepare the Contract Bid Documents for the PROJECT using St. Lucie County format and will assist the COUNTY in their review of the bids. The ENGINEER will attend the Pre-Bid Meeting. If necessary, the ENGINEER will prepare addenda for the Contract Documents during bidding. Once the COUNTY has awarded the contract, the ENGINEER will attend/conduct a Pre-Construction Meeting. During the construction phase of the project, the ENGINEER will review the Contractor's shop drawings for conformance with the design concept arid requirements. The ENGINEER will visit the site five (5) times during the construction phase in order to provide permit certification. Based on the Contractor's field measurements/survey and the COUNTY's resident inspector markups, the ENGINEER will prepare AS-BUILT drawings from the field data collected during the construction phase that are transmitted to the ENGINEER. E. Surveying Betsy Lindsay, Inc., on behalf of the ENGINEER, will provide the design survey for the PROJECT. Services include providing topographic survey and right-of-way identification including all significant features from the westerly edge of pavement of Kings Highway to easterly edge of pavement of Green Dolphin Avenue. F. Geotechnical Ardaman & Associates, Inc., on behalf of the ENGINEER, will perform the initial geotechnical investigation/evaluation and field testing during construction for the PROJECT. Services included three (3) Standard Penetration Test borings for the pedestrian bridges to depths of 35 feet, eight (8) solid-stem auger borings along the path route to depths of 10 feet, and two (2) SFWMD exfiltration tests along the route to obtain soil hydraulic conductivity values for storm water treatment. e:lclericalljobslslc-005\sIc-OOS-03-kings-hwy-pa,hlfee proposallscope_doc Page 4 '0-1'-99; 3,02PM; Inwood Consulting ;407 273 3662 # 2/ 2 '-" ~ G. Structural Infrastructure Engineering. Inc.. on behalf of the ENGINEER. will perform the stmctural analysis and design necessary for the pedestrian bridges and signal pole construction. The pedestrian bridges will be prefabricated. specified bridges as provided by various bridge manufacturers within the United States of America. H. Electrical EM! Consulting Services. Inc., on behalf of the ENGINEER, will design the lighting at the bridges and coordinate service with FPL. 1 Aerial Photol!ra2bv Aerial Cartographies of America, Inc.. on behalf of the ENGINEER, will provide scanned aerial photography, capable of being reproduced at a scale of 1"=50'. These scanned images will be used to prepare the base map and Conceptual Rollout for the project. Because the aerial will be to scale. it will also be used to design the sidewalk from the path to Lakewood Park Elementary. Article m County's R~nsibilities A. The COUNTY'S responsibilities include the following: 1. Coordinate the COUNTY requirements for the PROJECT with the ENGINEER. 2. Pay in full any permitting fees required for the PROJECT. Article IV Compensation and Payments to the En~neer A. Payment for Bngineerin~ Services The COUNTY will pay the ENGINEER a lump sum of ONE HUNRDRED NINE THOUSAND, FIVE HUNDRED AND THIRTY-FOUR DOLLARS ($109,534.00) for Engineering Services. (See attached Exhibit "B" - Fee Proposal.) Compensation for these services shall be billed by the ENGINEER and paid by the COUNTY not more than once per month in progress payments in proportion to services perfonned.. \1IJ¡4n~_OOSIaIc..oos.Q3..ldngS-IIw)'-palltIf\!8~cIo<Page 5 !XI .. ~ I .. .... .. '" f m ~ Ci>. ::t: ~ .s .. >< Ii Ci>. W ~ f j "'" 9 :¡¡; 0. .. '" !' ~ ><: ." (fJ .§ i '" (3 i .. ø f! g 1:: ,.. ., .. :i ! .. ~ ;f .t: en .9 'f ~ '" !!! '" '" c 0 :$ :;¡ ~ õ S! æ .~ Q.. ~ .. iJ) i j ~ -.=: '" i <:> ~ ;¡ tn OJ oS 0. S! '" c.:I z æ w w z (5 z w >- a:: « ¡ ....I W a:: a. ø Õ <II " ëii .... Iß <II :s: c o .c ... 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E .. >- IUSIXI Z;" Õ.2-- e .!.~8.š 2 CÞ f «J 0..00..0 ..c: ..... ccs (1-<1> >,:1 CCS-C 3:<1> ..c: ..c: - O')°b .- (J) _ :1:.....:.- 0-- en ",..a 0') .., -- c -o..c: -- .... >< ~(1-W ...... c: (1) E 0.. o (1) > (1) o ~ c: :J E E o Z'o c:_ :JO 0...... °æ .~ ~ :J a:s -10.. -(1) êi50 U) I.... (1) (1) c: 0) c: W 0) c: ';.¡::.j :J U) c: o o "'C o o ~ c: - _ c c-- .- 0 00.. 0..(1) (I) C C 0 ,91;5 ø (I) ~(I)= cø= E EE.c:: E 1::: .2æ :::J S.5 U)CI)I.I.. þ++ .... cø cø ë .c .... .c ._ w cø ~w 0 w.ccø(()Q. wroE(I) .... (.) .... OJ__ E OJ e1:::::Je a.. 0 (f.)!l. III~~ - C 'õ (¡¡ o...c 1:::-55 1\1 S-ë 0 en ¡;:: "¢:: 2'2'2'wro (¡¡(¡¡(¡¡1\1õ WWW.....J!-- ~I~I ;- '-~ ( . ..."" AGENDA REQUEST ITEM NO. & DATE: May 11, 1999 CONSENT REGULAR X ] PUBLIC HEARING [ ] Leg. [ ] Quasi-JD. SUBJECT: Consider authorizing Staff to proceed with providing for the cons ruction of a dedicated pedestrian and bicycle facility along Kings Highway, between the Turn ike Feeder Road and the vicinity of Lakewood Park. in the Lakewood Park Subdivision TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Development BACKGROUND: Approximately, two (2) years ago the Board of county Commissioners was requested to considered authorizing the construction of a bicycle/pedestrian path along a portion of Kings Highway in the Lakewood park subdivision, north of the Turnpike Feeder Road. The project was not proceeded with due to a lack of funding sources. Recently, the Board has determined that it is an appropriate expenditure of Road Impact Fee funds to provide for facility enhancements along the arterial and collector roadway network of the County for such items as dedicated bicycle and pedestrian paths. These facilities would be provided for in the case of any expansion of the roadway. providing for them in advance of the actual road widening has been determined to be consistent with the intent of providing for capacity enhancements of the roadway system. The segment of Kings Highway. north of the Turnpike Feeder Road, is considered by the COunty to be a collector roadway. It is one of the few roadways in Lakewood Park that is not interrupted by a canals or other physical obstruction. The proposed pedestrian and bicycle project would most likely be located along the west side of the road right-of-way. Total project length is approximately 1.75 miles. The pedestrian and bicycle path would be a minimum of eight (8) feet in width. Cross-connections over the Green Dolphin Canal would be considered at approximately ~ mile intervals. The estimated cost of this project, for budget purposes. is. $250,000. FUNDS AVAILABLE: Funding will be through the County's Road Impact Fee Accounts. specific account numbers will be provide at the time a final work authorization is presented for review. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board authorize Staff to proceed with providing for the construction of a dedicated pedestrian and bicycle facility along Kings Highway between the Turnpike Feeder Road and the vicinity of Lakewood Park, in the Lakewood Park subdivision. COMMISSION ACTION: [ ~./ [ J APPROVED [ ] DENIED OTHER: explore using location. Millings at another Coordination!Siqnatures County Attorney: Mgt & Budget: Purchasing: originating Dept: Other: Other: (AGEND430) Finance: (copies only): W' ""'" PROGRAM/PROJECT ACCOUNTING REQUEST FORM DATE: October 6, 1999 DESCRIPTION: Community Development Lakewood Park Multi-Use Path Comb Bike/Pedestrian/Recreation Path connectin Lakewood Park and Lakewood Park Elem School PROGRAM/PROJECT PERIOD (START/END): October 1, 1999 DEPARTMENT: NAME OF PROGRAM/ PROJECT: IF NO, PLEASE EXPLAIN: Dennis Murph 77:l...-f.' ,5·ff·9Cz $350,000.00 ~ .:r:f Da-(S I 0.: u.a.L AJ¿,Zt74'¡' tv) : PROGRAM/PROJECT MANAGER: BOARD APPROVAL DATE: PROGRAM/PROJECT AMOUNT: IS THIS 100% COUNlY FUNDING? NO (CIRCLE ONE) L.S AVAlL4Q( Ii~~- ..5~:... u..tl f)... txr¡{7-:~ .- t"tJ-AO ,N' OTHER #'S RELATED TO THIS PROG/PROJECT: PREDECESSOR FUND: 101006-4116 101006 FUND-ORGANIZA TlON #: CONTRACTS: COMPANY CONTRACT AMOUNT ADDITIONAL INFORMATION: MGMT & BUDGET: APPROVAL PROJECT MANAGER: DEPARTMENT HEAD: PROGRAM/PROJECT #: FINANCE DEPARTMENT: ~ 'W" AGENDA REQUEST ....., ITEM NO. DATE: October 19, 1999 C-4B CONSENT X] REGULAR PUBLIC HEARING [ ] Leg. [ ] Quasi-JD. SUBMITTED BY: Community Development PRESENTED BY: .¿f~ TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Consider approving Budget Resolution 99-262 and Contract Amendment #1 for the Magnum Environmental Services OTTED (Office of Tourism, Trade and Economic Development) Transportation Grant. BACKGROUND: Attached is copy of Contract Amendment Number One for the Magnum Environmental Services OTTED (Office of Tourism, Trade and Economic Development) Transportation Grant. As the Board is aware, this grant is for the purpose of constructing a railroad spur to the Magnum Environmental Services facility on West Midway Road. This amendment is for the purpose of extending the completion date for this project until March 27, 2001. FUNDS AVAILABLE: nla PREVIOUS ACTION: nla RECOMMENDATION: Staff recommends approval Contact Amendment #1 to the exísting agreement between St. Lucie County and the Office of Tourism, Trade and Economic Development for the construction a railroad spur to the Magnum Environmental Services facility on West Midway Road, and approving Budget Resolution 99-262 appropriating funds for this grant. COMMISSION ACTION: [ X] APPROVED [ [ ] OTHER: DENIED ~county Attorney: (Þr If{¡ Purchasing: V'Mgt & Budget: originating Dept: ~inance (copies only) : Other: Other: (AGEND4 77) - ~ ~ "" ...., COMMISSION REVIEW: October 19, 1999 MEMORANDUM COMMUNITY DEVELOPMENT DEPARTMENT TO: Board of County Commissioners FROM: Julia Shewchuk, Community Development Director DATE: October 1, 1999 SUBJECT: Magnum Environmental Services - Grant Extension Attached, is copy of Contract Amendment Number One for the Magnum Environmental Services OTTED (Office of Tourism, Trade and Economic Development) Transportation Grant. As the Board is aware, this grant is for the purpose of constructing a railroad spur to the Magnum Environmental Services facility on West Midway Road. Due to unforseen delays in the processing of this project, we will go past our original date of expected completion, March 27, 2000. This amendment is for the purpose of extending the completion date for this project until March 27, 2001. Staff recommends Approval Contact Amendment #1 to the existing agreement between St. Lucie County and the Office of Tourism, Trade and Economic Development for the construction a railroad spur to the Magnum Environmental Services facility on West Midway Road. If you have any questions, please let me know. SUBMITTED: 4'~ lia Shewchuk ommunity Development Director JSI attachment OTTED1(a71) cc: County Administrator County Attomey Finance Director Management and Budget Director 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 '-" ..." RESOLUTION NO. 99-262 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from a grant-in-aid to the St. Lucie County Board of County Commissioners from the Office of Tourism, Trade and Economic Development in a form of an extension to Magnum Environmental Railroad Construction Grant. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 19th day of October, 1999, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 1999-00, and the County's budget is hereby amended as follows: REVENUES: 001238-1510-334505-100 Office of Tourism, Trade & Economic $202,154 APPROPRIATIONS: 001238-1510-534000-100 001238-1510-563002-100 001238-1510-563005-100 001238-1510-563007 -100 001238-1510-563009-100 001238-1510-563011-100 001238-1510-563016-100 Other Contractual Services Imp OIT Bldg-Abstract& Title Imp OIT Bldg-Consulting Engine Imp OIT Bldg-Right of Way Acquisition Imp OIT Bldg-Soil Testing Imp OIT Bldg-Perrnits/Application Imp OIT Bldg-Design $163,154 $ 5,000 $ 2,500 $ 2,500 $ 2,500 $ 7,000 $ 19,500 After motion and second the vote on this Resolution was as follows: Commissioner Paula A. Lewis XXX Commissioner Cliff Barnes XXX Commissioner John D. Bruhn XXX Commissioner Doug Coward XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED This 19th Day of October, 1999. A TIEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: Deputy Clerk CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY A TIORNEY Print Date: 10/11/99 Page 1 Res. No.: 99-262 Draft #1 '-" .~ STATE OF FLORIDA OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT TRANSPORTATION FUND Contract Amendment Number 1 Amendment Number 1 made this day of , 19 amends the Agreement (OT98-048) entered into on December 31, 1997, between the State of Florida, Office of Tourism, Trade, and Economic Development (OTTED) and St. Lucie County (County) on behalf of Magnum Environmental Services, Inc. (EDTF Business). A copy of the agreement and application are attached as "Exhibit A." Pursuant to Paragraph 22.0 of the Agreement executed on December 31, 1997, the Agreement may be modified upon the written and mutual consent of the parties. As such, the County has requested an extension of the Project transportation construction completion date. As OTTED finds this request to be reasonable, OTTED and the County agree to the following amendments: Paragraph 2.0 is amended to read: 2.0 TERM: The tenn of this Agreement shall commence upon execution and continue through March 27, 2001, unless tenninated earlier as provided herein. 1 '-' ....,¡ Paragraph 6.2 is amended to include paragraph 10.0 and read: 6.2. RELEASE OF FUNDS: Project funds made available by OTTED shall not be released until the following have been satisfied: (a) The County shall agree by resolution to accept future maintenance and other attendant costs occurring after completion of the Project for the portion of the Project on the County system and fcrward said resolution to OTTED; (b) The County shall certify to OTTED that the EDTF Business referred to in Paragraph 1.0 above has secured the necessary permits, including but not limited to, building permits, and initiated construction of the facilities referenced. If the County fails to provide such certification to OTTED within 180 days of this contract's execution, OTTED may, at its discretion, terminate this Agreement; ( c) The County shall verify all invoices, statements or other related documents duly submitted to the County for pre-audit and approval by the County; (d) The County shall certify that its adopted local government comprehensive plan is in compliance with Chapter 163, Part II, F.S., and that any amendments to the adopted plan related to the transportation Project or EDTF Business facility have been determined by the Department of Community Affairs to be in compliance with Chapter 163, Part II, F.S.; (e) The County shall provide to OTTED certification and a copy of appropriate documentation substantiating that all required right-of-ways have been obtained and meet the definition of right-of-way set forth in Section 334.03(22), F.S.; and, (f) Provide OTTED with written notification of either its intent to: 1 ~ '-" "wJI (i) Award the construction of the transportation project to the lowest and best bidder in accordance with applicable state and federal statutes, rules and regulations. The County shaH then submit a copy of the bid taHy sheet(s) and awarded bid contract, or (ii) Construct the transportation project utilizing existing County employees, if the County can complete said project within the time frame in paragraph 17.0 of this Agreement. Paragraph 10.0 is deleted. Paragraphs 11.0 through 15.0 are re-numbered as paragraphs 10.0 through 14.0. Paragraph 16.0 is re-numbered as paragraph 15.0 and amended to read: 15.0 INDEPENDENT CAPACITY: The County shaH act as an independent contractor and not as an employee of OTIED in the performance of this Agreement. To the extent permitted by law, the County covenants and agrees that it will indemnify and hold harmless OTIED and all of OTIED's officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the County during the performance of the contract, whether direct or indirect, and whether to any person or property to which OTIED, or said parties may be subject to, except that neither the County nor any of its sub-contractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of OTIED or any of its officers, agents or employees. 2 '-" ".." Paragraph 17.0 is re-numbered as paragraph 16.0 and amended to read: 16.0 COMMENCEMENT: Unless terminated earlier, the construction of the transportation project shall commence no later than March 26, 1998, and shall be completed on or before March 26, 2000. OTTED shall have the immediate option to terminate this Agreement should the County fail to meet either of the above required dates. Paragraphs 18.0 through 32.0 are re-numbered as paragraphs 17.0 through 31.0. 1 -' '-" ""'" Re-affirmation The parties reaffirm all portions of the Agreement which are not in conflict with this Amendment. Duplicate Originals This Amendment is executed in duplicate originals. STATE OF FLORIDA OFFICE OF TOURISM, TRADE, AND ECONOMUCDEVELOPMENT EXECUTIVE OFFICE OF THE GOVERNOR THE COUNTY COMMISSION ST. LUCIE COUNTY, FLORIDA BY: BY: TITLE: Director TITLE: ATTEST: ATTEST: TITLE: TITLE: Exhibits: A. Original Agreement. Economic Development Transportation Fund Application. 2 · , '-' Exhibit A ~ .. (,,, .... 'w ~~ ..". ..., AGREEMENT This Agreement is entered into this 3\ Sf day of J::;eLe.fJ\.t-£r . 19q7 between the State of Florida Office of Tourism, Trade, and Economic Development (OTTED) and St. Lucie County (County) on behalf of Magnum Environmental Services, Inc. (EDTF Business). OTIED has detennined that the transportation project described in the Economic Development Transportation Fund (EDTF) Application, attached as Exhibit "A" and hereinafter referred to as the "Project," is necessary to facilitate the economic development and growth of the State as contemplated by Section 288.063, F.S. The County is prepared to complete the Project at an estimated total cost of $202~ 154. OTTED is prepared to provide $202,154 toward the total project cost of construction of the transportation project described in Paragraph 1.0. In consideration of the mutual undertakings and agreements hereinafter set forth and agreed between the parties as follows: 1.0 PROJECT DESCRIPTION: The Project, identified as Project Number 97/9856A, described as follows and in connection with the location of facilities by the EDTF Business: The construction of a 900-foot rail spur from the Florida East Coast Rail line to the company's site. 2.0 TERM: The tenn of this Agreement shall commence upon execution and continue through March 27, 2000, unless terminated at an earlier date as provided herein. Only project -1- t-'::" '-" ÍJ:......~.. ..., costs incurred on or after the effective diÜe of this agreement and on or prior to the tennination date of the agreement are eligible for reimbursement. 3.0 PARTIES: The parties and their respective addresses for purposes of this Agreement are as follows: STATE OF FLORIDA OFFICE OF THE GOVERNOR OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT THE CAPITOL, SUITE 2001 TALLAHASSEE, FLORIDA 32399-0001 ST. LUCIE COUNTY 2300 VIRGINIA AVENUE FORT PIERCE, FLORIDA 34982 4.0 NOTICES: All notices pertaining to this Agreement shall be in writing and shall be transmitted either by personal hand delivery; United States Post Office, return receipt requested; or, overnight express mail delivery. Telephone fax may be used if the notice is also transmitted by one of the preceding fonns of delivery. The addresses set forth above for the respective parties shall be the places where notices shall be sent, unless prior written notice of change of address is given. 5.0 ADMINISTRATORS: The State EDTF Grant administrator is Wynnelle Wilson, Economic Development Incentives Coordinator. The County Agreement Administrator is Cennis J. Mt.n::phy . All approvals referenced in this agreement must be obtained from the parties' agreement administrators or their designees. 6.0 TRANSFER OF FUNDS: Upon execution of this Agreement by OTfED and upon written request from the County, OÍTED will transfer funds to the County to be applied toward . direct Project costs on a quarterly basis consistent with project needs. -2- (~~". '-" "WI' 6.1 INVESTMENT OF FUNDS: Funds transferred to the County by OTTED shall be invested by the County until their actual expenditure, in such income or revenue producing investments as authorized by law for other County funds. All income, interest or other revenues obtained from such investment shall be considered funds of OTTED. The income, interest or other revenues shall be remitted to OTTED on a quarterly basis within fifteen (15) days of the close of the months March, June, September, and December, regardless of the month in which funds were received. Upon completion of the project, all remaining income, interest, or other revenues shall be returned to OTTED. All refund or interest checks shall be made payable to: EOG/OrrED, and mailed to: ATIN: Administrative Assistant; Governor's Office of Tourism, Trade, and Economic Development; The Capitol; Tallahassee, Florida 32399-0001; with the Project Number referenced and information that identifies the grant, interest period, amount of interest earned by account, name of depository, and interest rate. The documentation submitted to support interest earnings shall include copies of bank or investment account statements, computational work sheets, etc. 6.2. RELEASE OF FUNDS: . Project funds made available by OTTED shall not be released until the following have been satisfied: (a) The County shall agree by resolution to accept future maintenance and other attendant costs occurring after completion of the Project for the portion of the Project on the County system and forward said resolution to OTIED. (b) The County shall certify to OTTED that the ED'f,F Business referred to in Paragraph 1.0 above has secÙfed ~e necessary permits, including but not limited to, bUilding permits, and initiated construction of the facilities referenced. If the County fails to provide such -3 - À í'''' '--' .. ...." certification to OITED within 180 days of this contract's execution, OITED may, at its discretion, tenninate this Agreement. (c) The County shall verify all invoices, statements or other related documents duly submitted to the County for pre-audit and approval by the County. (d) The County shall certify that its adopted local government comprehensive plan is in compliance with Chapter 163, Part II, F.S., and that any amendments to the adopted plan related to the transportation Project or EDTF .Business facility have been determined by the Department of Community Affairs to be in compliance with Chapter 163, Part II, F.S.. (e) The County shall provide to OTTED certification and a copy of appropriate documentation substantiating that all required right-of-ways. have been obtained and meet the definition of right-of-way set forth in Section 334.03(22), F.S. 6.3 USE OF FUNDS: Funds made available by OTTED pursuant to this Agreement shall be expended solely for the purpose of the Project. No such funds shall be used for the purchase of any capital equipment, landscaping, mitigation planting, water and sewer lines, for any legal action against OTTED, for the administration of the project fund or costs associated with preparation of the application. 7.0 LOBBYING: Funds may not be used for the purpose of lobbying the legislature or a state agency per Section 216.347, F.S. 8.0 ASSURANCES:. As an inducement to the trânsfer of funds referred to in Paragraph 3.0 above, the County grants the assurances that, if initiated, the Project will be carried'through to its completion and will not ¡'equii~ the expenditure of any additional funds from OITED. The County shall be liable for all cost overruns on the Project. -4- C <,.-, '-' '~ ...., 9.0 DESIGN AND CONSTRUCTION STANDARDS: The City agrees to design and construct the Project in accordance with standards promulgated by the Florida Department of Transpiration (DOT) in accordance with Section 336.045, F.S., an to provide certification of same to OITED upon completion of the Project. Such certification shall be provided by a professional engineer registered in Florida who shall certify that all design and construction for the Project is in substantial conformance with the standards established by DOT pursuant to Section 336.045, F.S. 10.0 INTENT: Prior to OITED's release of any requested funds, the County shall provide OITED with written notification of either its intent to: (a) Award the construction of the transportation project to the lowest and best bidder in accordance with applicable state and federal statutes, rules and regulations. The County shall then submit a copy of the bid tally sheet(s) and awarded bid contract, or (b) Construct the transportation project utilizing existing County employees, if the County can complete said project within the time ftame in paragraph 17.0 of this Agreement. 11.0 MINORITY VENDORS: . The County is encouraged to utilize "minority business enterprises," as defined in Section 288.703, F.S., as subcontractors or sub-vendors when permitted under this Agreement and shall, report same to OITED. 12.0 ACCOUNTING AND REPORTS: The County agrees: (a) To maintain books, records, documents and other evidence according to generally accepted governmental accounting principles, procedures and practices which sufficiently and properly refleèt all è.osts of any nature incurred by the County in the performance -5- 'C"~_· '-'" """" of this Agreement and to retain said books, records, documents and other evidence for a period of three (3) years after tennination of this Agreement. (b) That aforesaid records, books, documents and other evidence shall be subject at all times to inspection, review or audit by state personnel of the Office of Auditor General, Office of Comptroller and other state personnel authorized by OTTED. (c) To include these aforementioned audit and record keeping requirements in contracts and subcontracts entered into by the County ,with any party for work required in the perfonnance of this Agreement. (d) That three (3) months after the date of execution of this Agreement and every three (3) months thereafter, the County will provide OTTED with a report containing the details of work completed according to the project schedule; a description of any change orders executed; and a budget summary detailing planned expenditures versus actual expenditures; and identification of minority business enterprises used as contractors and subcontractors. 13.0 TERMINATION REPORT: Upon termination of this Agreement, the County will provide the following: (a) Certification that the Project has been completed in compliance with the tenns and conditions of this Agreement. (b) A report which shall specify (i) the total funds transferred to the County by OITEDpursuant to this Agreement; (ii) the total income,interest or other revenues obtained from the investment of said funds; (iii) the total direct Project costs paid from funds made . . availáble by OTTED pursuant to this Agreement; (iv) the balance of any unexpended Project -6- ~ '-' ~....-,¡ ..." funds; (v) the actual amount of the EDTF Business' capital investment, and, (vi) the actual number of permanent full-time jobs created by the EDTF Business. 14.0 FOLLOW-UP REPORT: Two (2) years after the EDTF Business has completed the construction associated with this Project, the County will provide OTIED with the actual number of new, permanent, full-time jobs created by the EDTF Business. 15.0 AUDIT REQUIREMENTS: The County shall be responsible for audits performed in accordance this Section 216.349(2), F.S., which states that: If the amounts received exceed $100,000, the County must have an audit performed in accordance with the Ru1es of the Auditor General promu1gated pursuant to Section 11.45, F.S. If the amounts received exceed $25,000 but does not exceed $100,000, the County must either have an audit performed in accordance with Section 11.45, F.S., or have a statement prepared by an independent certified pÜblic accountant which attests that the -receiving entity/organization has complied with the provision of the Economic Development Transportation Fund (EDTF) grant. However, if the amounts received do not exceed $25,000, the County must have an authorized representative attest, under penalties of perjury, that the County has complied with the provision of the EDTF grant. The County shall provide copies to OITED of all audit reports made pursuant to Sections 11.45, 125.01(1)(x), and 218.33, F.S.. 16.0 INDEPENDENT CAPACITY: The County shall act as an independent contractor and not as an employee of OTTED in the performance of this Agreement. The County covenants and agrees that it will indemnify and hold hannless, OITED and all of OITED's officers, agents, and employees, from any claim, ló~s, damage, cost, charge or expense arising out of any act, action, neglect or omission by the County during the performance of the contract, whether direct -7- ......;:-. f~·';- ..' '-" ~ or indirect, and whether to any person or property to which OTTED, or said parties may be subject to, except that neither the County nor any of its sub-contractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of OTTED or any of its officers, agents or employees. 17.0 COMMENCEMENT: Unless terminated earlier, the construction of the Project shall commence no later than March 26, 1998, and shall be completed on or before March 26, 1999. OTTED shall have the immediate option to terminate this Agreement should the County fail to meet either of the above required dates. 18.0 UNEXPENDED FUNDS: Upon termination or expiration of this Agreement, any funds made available by OTfED pursuant to this Agreement but have not been expended at that time, shall be returned to OTTED. All investment earcings realized pursuant to paragraph 4.0 above shall be returned to OTfED. 19.0 EXPENDITURES IN VIOLATION OF AGREEMENT: Any Project funds made available by OTfED pursuant to this Agreement which are determined by OTTED to have been expended by the County in violation of this Agreement, other applicable law or regulation shall be promptly refunded in full to OTTED. Acceptance by OTTED of any documentation or certifications required or permitted to be filed by the County shall not constitute a waiver of OTTED's rights as the funding agency to verify all information at a later date by audit or investigation. 20.0 TERMINATION: This Agreement may be terminated.by OTTED in the event the County fails to perform or honor the requirements and provisions of this Agreement, upon no less than 24 hours notice in writing delivered by certified mail, return receipt requested, or in -8- ~- '-" -....., person with proof of delivery. In the event of such tennination, the County shall return funds in accordance with paragraphs 18.0 and 19.0, of this Agreement within 30 days of the tennination of this Agreement. 21.0 TRAVEL: There shall be no reimbursement for travel expenses exceeding the all inclusive funds allocated in the Grant Agreement. 22.0 MODIFICATION: In the event the County desires to modify any of the tenns and conditions of this Agreement, the County shall make such request for modification in writing to OTTED at anytime during the tenn of this Agreement. However, where the request for modification relates to changes in the project commencement and/or project completion dates, such request must be received by OTIED prior to the expiration of the current commencement or project completion date. If the request for modification of the commencement or completion date is made after the expiration of such date, OTfED shall have the option- to terminate this Agreement. 23.0 ATTORNEY FEES: Unless authorized by law and agreed to in writing by the OTfED, the OTIED will not be liable to pay attorney fees, interest, or cost of collection. 24.0 WAIVER: The failure of either party to this Agreement to object to or to take affinnative action with respect to any conduct of the other which is in violation of the tenns of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful·conduct. 25.0 ENTIRE AGREEMENT: This instrument embodies the entire agreement of the parties. There are no provisions, tenns, conditions,· or obligations other than those contained in this agreement; and this agreement - supersedes all previous communication, representation, or -9- ¡,-:;~;~.,. , ''-'" ..~~~ " ...., agreement, either verbal or written, between the parties. No amendment will be effective unless reduced to writing and signed by the parties. 26.0 SEPARABILITY: If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. 27.0 STRICT COMPLIANCE WITH LAWS: The County agrees that all acts to be performed by it in connection with this agreement shall be performed in strict conformity with all applicable laws and regulation of the State of Florida. 28.0· NON DISCRIMINATION: The County will not discriminate against any employee employed' in the performance of this agreement, or against any applicant for employment because of race, creed, color, handicap, national origin, or sex. The County shall insert a similar provision in all subcontracts for services by this Agreement.· 29.0 AVAILABILITY OF FUNDS: The State of Florida's performance and obligation to pay under this agreement is contingent upon an appropriation by the Legislature. In the event that the state funds on which this agreement are dependent are withdrawn, the agreement is tenninated and the state has no further liability 'to the County beyond that already incurred by the termination date. In the event of a state revenue shortfall, the total grant may be reduced accordingly. 30.0 UNAUTHORIZED ALIENS: OITED will consider the employment by any contractor of unauthorized aliens a violation .of Section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this contract. -10- 1-:~~~ .'-' "i;':.:':;: ..."" 31.0 SIGNATORIES AUTHORITY: By the execution hereof, the parties covenant that the provisions of this Agreement have been duly approved and signatories hereto are duly authorized to execute this Agreement. 32.0 DUPLICATE ORIGINALS: This Agreement is executed in duplicate originals. STATE OF FLORIDA EOG/OTTED ST. LUCIE COUNTY ) " \ \- _ BY: j!J~ 9r aðA~ 1 TITLE:: \.<c<-~~~ / . TITLE: c.J\lÌ~r- ("OX) . , /' /' ~i ~' ~ _.~.~~.~:~~: J L/ ' ~ ""'I~ ATIESTc,' . ~41 ¿f. . ~4TTEST: . . .: ".' .'_:.~': .. ~:'::, TITLE: d/)A1 ¿ 4Js/ d TITLE:~ø~ . f.:\~}"..~f¡,~~·;!~!..t. . EO A~ TD. f!}RM .~ ......:-:,.......,( T . _ ,\_.,~^ . ~"c. :...--.:.... . "'('."¡ . . ... lCC~~H;~' ..'" ,1..t1:f..... . ~..... . . r1 . CflUNTY ATm ¡~: Y Exhibit A -- Economic Development Transportation Fund Application ~ BY: ._ ....1 Attachment: G:\OTIED\INCENTS\EDTF\EDTF-AGR.MRG -11- · , ,. . ............ '-øf EXHIBIT A -12- -. ~~ ...., ¡....:...£"" .. c.~~.:. -'._~:.'. '-' ;:......'''':'.~ ,~~ ..""" ßOARD OF COUNTY COMMISSIONERS GARY D. CHARLES, SR. COMMISSIONEr. July 14, 1997 Bridget Merrill, Manager of Business Retention for Enterprise Florida The Atrium Building, Suite 201 Tallahassee, FL 32303 Subject: Magnum Environmental Services, F1. Pierce, Florida Economic Development Transportation Fund Dear Ms. Merrill: Please find enclosed eight copies of S1. Lucie County's appßcation for an Economic Development Transportation Fund for Magnum Environmental Services in Ft. Pierce. Magnum Environmental Services is seeking to expand its existing petroleum recycnng facilities. The investment that Magnum inten.ds to make at this facility is $600,000, and would result in the creation of twelve new full time employment positions. The requested transportation grant is for the construction of a. 900. foot railroad spur to serve this 1acißty. This railroad spur is an integral part of this planned expansion. Without this railroad spur, the expansion cannot take place. The County does not have any construction funds available for this project. The anticipated cost for the constrac!ion of this railroad spur is $231,353. In reviewing this grant application, St. Lucie County is requesting that Enterprise Florida give consideration to waiving maximum award limit of $200,000 for projects of this size. Our request for this special consideration is the fact that St. Lucie County has one of the highest unemployment rates In the State in addition to a Per Capita Income that is below the State average. We beUeve that the unique nature of this type of recycling facility is such that every effort should be made to support the elimination of hannful petroleum products once they have been ~sed for their intended purpose. St. Lucie County strongly supports the intentions o(Magnum Environmental Services to expand their Ft. Pierce facilities. The Board of County Commissioners has endorsed this ap·pllcation for an Economic Development Grant and we would engage a favorable consideration from your Agency. If you have questions, please do hesitate to contact Mr. Ray Wazny, St. Lucie County Community Director at (561) 462-1590. l!3re~, Ge~~f!!~!;;an County Commissioner GOCIOJMIcb enclosure MAGNUM1 (1127) = County Adminislratot County AllDmey Comm..Inity Deveto¡oment () redo< Management & Budget () rectcr Finance () rec:to< Osiris Ramos JOHN O. Or\UHN. Oisrricr NO.1. KEN SATTLEr\. Oisrricr No. 2 . PAULA A. LEWIS. Oisrricr No. J . GAr\Y CHAr\LES. Oisrricr No. 4 . CUff OAI\NES. Disrncr No. 5 Counry Adminisrroror - Oouglos M. Anderson 2300 Virginia Avenue · Forr Pierce. FL 34982-5652 · (561) 462-1451 FAX (561) 462-21.31 · TOO (561) 462,1428 - ..-.---.--.-. '......h /..-:~'... t:,.;,..:....· '-' ~ ßOARD OF COUNTY COMMISSIONERS COMMUNITY DEVELOPMENT DIRECTOR July 24, 1997 RAYMOND L. W AZNY Ms. Bridget M. Merrill Enterprise Florida 325 John Knox Road, suite The Atrium Building Tallahassee, Florida 201 32303 Subject: Magnum Environmental Services, Ft. pierce, Florida Economic Development Transportation Fund Dear Ms. Merrill: Enclosed please find eight copies of the letter from Magnum Environmental Services addressing the requirements of Rule 8- .6.053(c)3, Florida Administrative Code. I apologize that this letter was inadvertently omitted from our submittal package of July 14,1997. In reference to your other questions: a. ) Can the rail spur be u·sed-by-other" t"èñËiÏit·s·:· wi thin the area? It is my understanding that the placement and design of this rail spur is such that' is can be used by other tenants/properties to the south and west of the Magnum property, should those property owners wish to access into it. The property to the south is a citrus packing facility and the parcel to the west is currently vacant, but zoned for industrial uses. b.) The June 4 estimate indicates "Railway Portion" $33,800. Is this a contribution to the project by FEC? Why is it identified as "Railway Portion" if not? We understand the "Railway Portion" of the cost estimate to be that work which is to be done by the FEC, in the existing FEC ri~ht-c:>f:-way. SpecificB:l}:y, __~þe_c::~.~~~.:;:gç.:tioIL-of_.the~<;new sw~tchÜlg track anc!.,.ßystem from the K-Branch to the Magnum Spur. This is what FEC will own. after all the work is finished. JOHN D OI\UHN. Disrncr No. ~ . KEN SATTLEI\. Disrricr No.2' PAULA A. LEWIS. Disrricr No.:} . GAI\Y CHAI\LES. Disrricr No. d . CUff OAI\N:5. Disrncr ~o. 5 Counry Admlnlsrroror - Douglas M. Anderson 2.300 Virginia Avenue · Farr Pierce. FL .34982-5652 Adminisrrorian: (561) 462-1590 · Grawrh Managemenr: (561) 462-155.3 Planning: (561) 462-2822 · Fax: (561) 462-17.35 Code Compliance: (561) 462-1571 · Fax; (561) 462-1148 ," . >. ....."':";... ~ .."" July 24, 1997 Page 2 Subject: Magnum Environmental Services To my knowledge, FEC is not "contributing" anything to this project in the way of a cash grant or construction match. In all of our previous conversations with the FEC, they have said that the cost for adding this rail spur would be the responsibility of the adjacent property owner. This $33,800 is what the County/Magnum will be billed for installing this switch. This has been included as part of the overall cost estimate. c.} The construction cost on page 3 of the application is listed as $177,953. The cost estimates provided do not add up to the amount. Please provide a summary of the estimate of what is included in the construction costs and what is included in the design and engineering costs. The cost estimate for the construction of this railroad spur, as provided by.:FDOT·, is ·$142,362.. This cost estimate does not include any engineering design, permitting, construc~ion insp~ction . or ... con.tingency funding.-:; The design for this railroad spur has not yet been completed. Design is to be included as part of this requested Transportation Grant. In order to estimate the full cost of this project, st. Lucie County has taken the FDOT construction cost estimate of $142,362 and used the following general assumptions/percentages to fill out the balance of the estimate for this project: a.} Design/permitting b.) Construction inspection c.} Contingency 17% of CST 10% of CST 15% of CST Using the above FDOT and St. Lucie County estimate, since no other information is available, the total cost estimate for this project is: $202,154. The number indicated on page 3 of the grant application is not correct and was based on earlier cost estimate that has since been clarified. Attached, are eight (8) copies of a replacement Page 3, with the revised cost estimate. d. } There is a difference in the employment figure provided on page 2 of the application and the agreement between Magnum and the County. Which employment number is correct. Based on the attached letter from Magnum, the correct number of new positions to be created by this expansion is 12. The agreement between the County and Magnum (Exhib-t t B of the submitted application) incorrectly cites that 24 new jobs will be created. This should in fact read 1l2£:new.':":'jò})si't:will'·be created by this expansion that will be in addition to the 12 existing jobs, f~r:a·ttötaL.of~:'24 '/.,;: The number shown on page 2 · r"" '-" <,;;..; ...., July 24, 1997 Page 3 Subject: Magnum Environmental Services of the application is correct. I hope that this is of some use to you in completing your review of this application. We look forward to hearing from you and if you have any questions, please let me know. DJM/cb MAGNUMl (a2 8 ) .. &IVÍAGNUNI ~ Florida's Leading Environmental Recovery & Recycling Service ~ ....., MAGNUMENVIRONMENTALSERWCE~/N~ Branch Office: 5690 W. Midway Road FL Pierce, FL 34981 (407) 468-2300 . (800) 330-5502 Fax: (407) 468-9328 Attn: Dennis J Murphy, AICP Land Development Coordinator St. Lucie County Board of Commissioners 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 May 12, 1997 Dear Mr. Murphy, mr Œ @ Œ n W Œ ml I. IIII I. f I ~ ,L~I MAY f 4 IS 97 !Ib\ l I I . L-::-:-:- :--:-- __ __ _ --1 I ..,. ~ \.ro-.'~"-""".' - I COt,·..,,_...: ....:_·-.:~\,.,..M!::NT I :::!"". ~i:~:;~ ;....c _~;~ rY~ FL J ---- ~ Magnum Environmental has a 10 acre facility located in Ft. Pierce, Florida. We process approximately 275,000 gallons of used oil on a monthly basis. Currently, Magnum Environmental Services has a problem receiving recyclable petroleum products via rail.· C9~P~es which are large. producers of used oil such as: Power Plants, Manufacturing Industries, etè., ship,.their used oil via raiL Transportation via rail is more cost effective' for these.largeindustries because shipments can be made in 20,000 gallon rail cars. Magnum Environmental is··in desperate need·ofbeing able to receive product via rail from these_types of - customers. The $600,000.00 plant expansion will occur only when·the rail spur connection is obtained (see attached). Presently, we have 12 full time employees, the addition of a rail spur would make way for an extra 12 full time jobs. The average hourly wage rate for these positions will be $10.00 per hour. The inability to receive products via rail is a major problem in our expansion plans. Once a rail spur has been obtained, our problem receiving used oil via rail from major industries in the Southeastern United States would be eliminated. There are no other sites in the state of Florida being considered by Magnum. No future expansion is possible without the rail spur connection to the facility. Thank you for your cooperation. ¿::=~r¿=-- Osiris Ramos Executive Vice President .:')7002<)- ¡IS POMPANO . FT. PIERCE . TAMPA . MARATHON . ORLANDO ,.. ~ . .<C !..~~7.ê~ '-"" :...:.:~. :::.:.:~ ..", UNIT ITEM QUANTITY COST TOTALS Earthwork/cubic yards 3,000 $3.75 $11,250 Drainage $20,000 Concrete I square feet 75,000 $1.45 $108,750 Water, Fire Hydrant $7,500 Wastewater $6,000 8' CBS Perimeter Wall 400 $36.00 $14,400 Landscaping $4,000 Fences and Gates $12,500 Irrigation $2,500 Warehouse (square feet) 12,000 $20.00 $240,000 Tank Farm 175,000 $1.00 $175,000 TOTALS $601,900 c970039-115 ff .", ..c.:. .~ '-" RIDA EAST COl\ST RAILWAY COMPANY J:CE OF MAN^GER - ENGINEERING SERVICES lIT AUG\JSTINE, FLORIDA r ......:;;~!. ...., . . __c==e~B=======~.~=~==========u.================~~-~c======~=~==œ._.G=~===== .T F'IERCE: proposed track to serve Magnum Enviro~ntal services. JUNE 4.1996 FILE ~~ 1_.-=====__c=~==a.~=;=========~C~~=========C..=====~~C.======gm=~======2Z_as~ :imate of cost ~o c:onstIUCt a. 953' apur trac~ . the southeaG't.er~y si.de of main track. A ~~esterlY P.S. for a No. 10 T.O. wi~ be located the lead trac~ at M.P. K 5+17. :=.Q=========ø__m===~=====~__sasg~=======X-..5========..____======m=~...._-·c N\mÚJer Uni~s ?-r1.ce Descrip't.j.on ~LWAY'S PORTION -P.S. TO C.P. - 167' . · Cons truc:t:ion .10-11S#: Turnout (Rail " OW) Jtall Turn-out (Labor & Equj.pmént) . 10 sw~'t.ch T~es stall swi~ch Tie Se't., #10 ack., 115# (Rail « O'!'M) stall Trac~. 11Si (Labor ~ Equipment) ossties, S.~. Wood s·ta1.J. crossties lJ.a.s t. t.imerock.- load Ða~la5t û surtace Track' gineering &: supervision bor Addit~ves (42.32%) terial. Ad<1i-ti.ves l6.06%1 ~c~llaneous ~ contingency Total construction 1. 00 1.00 1.00 65.00 52.00 52.00 30.00 30.00 100.00 100.00 1.00 1.00 1. 00 REMOVAL bar To Ramove CrosS ~ies bor Additive = (42.32%) pervi.sj,.on sce~lanQoUS ~~d çon~1ngency Total Removal 65.00 1.00 1.00 1.00 To~al Railway's Portion . . ~,. ... ..-: .~ '::7~;;"~"<' . ....-.¡...,..-:o. .....~:..'::~~::!~:-:...!:>:...-J' ~ ~=: .¡~."";~:~:~:!"'...:' .-.. '-~."....' .:....~... --.,:;<._:''-~..:: ~'.' . ...........':-. -.",,' ..' . EACH 516,529.00 L.S. :1.361.92 SET 3,311.03 EACK 9.90 L.F. 14.68 L.F. 6.00 EACH 4.50 ~CH ~ . 90 TONS 6.00 TONS ,2.96 L.S. 2,624.8a L.S. 1,558.51 L.S. 1.293.11 EACH L.S. L.S. L.S. $1. SO 30.95 200.00 71. 55 . . ..n. cost $16,529.00 :3.361.92 3.311.0.'3 64.3.50 763.36 312.00 ~3S.00 297.00 600.00 296.,00 2,624.88 1,5S8.57 1,29:1.11 1,674.64 .__===a:~==== $33,400.00 $97.50 30.95 200.00 71.55 csa=.=======~-'J:; $400.00 _a::liiI'~;;;::=-====== $33,89°·00 ===::s_._a=:;;;¡ - /. ,-. '. ~ ··<··~RIDA EAST COAST ~.' jJ~Y COMPANY APril 23, 1997 . Fòrt pierce, ~l. . .. .1. Magnum Environmental Services 5690 Midway Road Fort Pierce, Florida At.tention Kathy: tNDUSTRY'S PORTION - C.P. TO END 786' MATERIAL :k, 115#(New Wood Ties} eS Whee~ stops cel1aneous &: concingen~ies LABOR 786.00 L.F. $49.00 538,514.00 1.00 PAIR 575.00 575.00 I 1.00 L.S. 2,004.45 2,004.45 =====c=_.;;== $41,093.45 786.QO L.F. $23.50 $l8,471.00 1.00 PAIR 100.00 100.00 1.00 L.S. (&,773.16 4,773.16 1.00 L. S. 555.84 555.84 =::::.a._====;::::=:- S23, 900.00 . !e_.ZZ===::..!:S__C S64.,993.45 ____a:...___. $98,793.45 =::::s.,.====-==05- ==_C====25-= Total Material t.a..ll Track caLl Wheel scops . ineering &: superv:ision 6e~laneous & con~qencies Tot.al Labor aJ. :tndustry I s por~1on al ~st~ated Cost Total Est~ated Cos~ ,. E: EBt~ate of cost does not 1nc~ude gradinq, drainaqe or wire line changes. I~~~\ ,.--" '-" ..."" ßOARD OF COUNTY COMMISSIONERS COMMUNITY DEVELOPMENT DIRECTOR May 15, 1997 PHILIP E. FREElAND Mr. Joseph Yesbeck, PE Director of Planning and Programs Florida Department of Transportation 3400 West Commercial Blvd., 3rd Floor Ft. Lauderdale, Florida 33309 Subject: Economic Development Transportation Fund Magnum Environmental Services, Ft. Pierce, Florida Dear Mr. Yes beck: Enclosed is a copy of the project cost estimates provided to Magnum Environmental Services from the FEC Railroad Company for the construction of a 953 foot long railroad spur. As you know the County wilt be seeking a grant from Enterprise Florida's Economic Development Transportation Fund to construct this facility. The cost summary provided by FEC does not include permitting, mitigation Qf any is required) or necessary grading or drainage work. Environmental or geotechnical studies have not been done on the proposed route. However, field observations do not indicate the presence of any surface wetlands or other significant site drainage concerns. To the best of our information, there are no major subsoil problems in this area that . would make the construction of this rail spur particularly problematic. Prior to the initiation of this project, the County will not be doing any further environmental or geotechnical studies along the proposed alignment of this railroad spur. To address the items not included in the FEC cost estimate, the County has estimated what we befieve the cost of these activities to be. I f in your review you feel that these estimates are not correct, please feel free to correct them. I am enclosing another draft copy of the application that we intend to submit to Enterprise Florida. I would. appreciate it if you could complete PART IX 'of this application and return it to me. Once received I will complete the application process with Enterprise Florida. Thank you for your attention to this matter. If you have any questions, please let me know. Sin2jeIY. " ~- '~\\~ --2 , ~UrPhY, AlC land·Development Co OJMIcb alUchtnent MAGNUMJ(a2J) = County AdminisualO< County Attorney Pu~ic II'oob<1cs CNoeú>< I>J Rivett H,).VEf\f l FENN D'WiC' No. 1 . KEN SArrlER. O,smcl No. '2 . DENNY GREEN. O.srIlC' No. J . G,).f\Y D. CHAf\lES. SI\. O;srIlCl No. 4 . CLIFf OAf\NES D,\".~: I<c J 2JOO Virginia Avenue . Forr Pierce. Fl J4982~5652 Adminisrrorion:(561)462-1590 . GrowrhMonogemenr:(561) 462-155J . Planning: (561)462-2822 Code Compliance: (561) 462-1571 \ ,~- '-" , - -~:.;....." ECONOMIC DEVELOPMENT TRANSPORTATION FUND APPLICATION FLORIDA DEPARTMENT OF COMMERCE DIVISION OF ECONOMIC DL~LOPMENT Applicants are advised that this application must be submitted In accordance with the provisions of Florida statutes, Section 288.063, and Rule 8-6 FAC adooted by the Division of Economic Development. - I. APPLICANT Local Govern~ent Applicant: Sr. LuC.l':' èCúl\fiY Local Government Federal Employee Identification Number 5C¡ - ~()~ - <ö 35 yeA t¡..\_L~'\Ú\û (v1.~ ~ ~ ~ 2~ . U,::'NÑI~ ~.. YY\LuúHl.¡:' sz Name of Pri~ary Contact: Title: '- LAf'o1\~ l)¿-.¡-:.L?iy\:"t C OD:20':I\.!A.IO ~ J:.dàress: ~.3l)ù \!.líZGINI14 AV:"NÚ.I-' Çf., ~ ¡](!: (City) Çr .rr /(l,t , (State) -Telephone: t;b /. Lib I· I ':rl 0 Fax: 1'{c; g¿ (Zip) 5'bi- '-162- /)"35' - II. COMPANY PROVIDING EMPLOYMENT (only one company may be listed) Company: . Mt\(::N4úVVl ~...NI~..M~".dAL .5'.=r2\.IIC:3 Primary Contact: O.5-'R.!~ Q r...V\f\c.~ i '"" Title: \itc=:- -r'i1::<:'ID_~i....L Address: O· ');.".. -, I. "_"t.,, (City) Sb'ìù W~Q" míD...ut\'1'- Î2ùAD Ç{~dA ( state) ...., ! IG C ..... 5...., I ..... c::... (Zip) Telepho~e: l)li - tlLB . J30ù .-. -I I t.i i p. _ !.,) ., ., 0 Fax: .1., u - au . .,,"," '-' 7.d11;.l t"tJ rVI ~=c Y ~ l f/H. Principal Business' Activity: SIC Code Number: - NÖiJ:' - Type of Facility: ~ew ( E~isting (x..) Expans ion ()( ) -... .....,. __Estimated Time for Constru~tion: ..3 M ~.Jf){ ..s ;. Estimated Square Feet of Facility: ~/Á IEDTF02 (clTc..1Ïvc 6I94) -,- ~ n.us OOC1JM~NT ?RINlcD ON.RECyctED PAP-:R. ~ '-" . .;.,-.µ...., New capital Investment Generated: Full-time ~mployrnent Generated/Retained: New il Retained I~ (Must be at least 100 if grant request is $200,000- $1,000,000 or 200 if request is greater than $1,000,000) j; t..DD ðDD .~ Briefly Describe the Facility (New or Existing) or the Expansion: -k f..'ð~IIJ.... '1'/\~:-1"'M Cfdr.iTlc):J f)cc,),:..;, A7?I7;:,XI~\A..JJ. '{ 10 A(1=~ 4 &C';:.51~ .C\??r7.=>iIW\ÏiI....\.": X'JSDOD GC.((O,.b S uJ~-l-... DL 7.>:TL l'AoJilt. ï4:.- AbbItt....:> J J .' I A- H=I'~J~ 1.~I'- SÌv~ L.}~ ,..\..,4.0 -\k.. ?i7~?'="""·\Y Lu II 7.~Lr\(,+ f~;: O??:S152.. 1ku Ç~~.ch -b lMC:1;'Þ,'>S ·-i,^,¿L 7rz"LLldli.)/i:"C,;A1W\..;..1 CA.74r,·N '151 gL/:¡~) CSL ~':>'\)'TIOI'\!~L 21..0,000 bC>.lIbN> 7.=~ VYlolv'TU, of 4?tv:;ú ......ntd y III. TRANSPORTATION' (Attach a rough site plan with facility in relation to the requested transportation improvements.) A. Briefly ~escribe the transportation problem which is an 'irnpeàiment to the company descr~bed above anà give· its importance to the company's decision. rV\A.GrJ.uW\ ~ NUlr2ol\! nil £.d :l.L '~,C';.s ...,.,¡ oil' .D ': Q. -:-¡ 0 ..A,. D-;) 1":- <. '. . -\:,'Ii\~ !I\\C(t::ð,~i Mb V()l~.h'VIð .ÄIJ¡) rv':::i) ç:'"l ~~: 1)i~7"c;-:.l..f 11}J..:ï~ 7¿4.v.::JL.!:úw\ tJ~~b4 1D .Lt~Cil;'A~~ J~ A~,L.-IC{ -1.0 A~:pt ;"A~= V17 DüéÍ f. Tr<J~ïl1\l . A- q 00: ç: + . "'"l4.lRo40 5 .....~. -i- 4kL~ ~J~ (YIAbNulV' w.ll b~ AgE: lö INC7~Aj~ .}~'t V..i..,MC c.u4o-t;;:- W'f)T£k'I)L 1-1- A~~ pt... .-;..~ f't?",-~.h¡¡"'C:¡' B. Briefly àescribe the transportation project which will alleviate the transportation problem: '}rJ>+~vc..·h;'J (}ç Do. Cfoo! ç" K~"'j{"AO S;>_~ ~. ~l:: . I L\D)~C~.\..+ r,::-2C, ~-g"ZAI\ICH L..h. ¡~~ ~~Ñ~tv,..,(~ll;)õJ .C +\\1"':' ., 7<~ (ileAl;> s7.:z W' ii A Ilc""':' í Lk. fAï:[(¡f¡. -I-ö J.!AkD/.,- Jc.~ D~f) (~(.;!I"I) 7t:J,Lí?vtJ[) TAlt/k¿í( C.4.e.S. -- _.._._..._._ e· ___...._.. .._ . ......n ..____ .._-- -..- . -. -.. . _ _.. . u - . --~ '-::.DTrOZ (effective 6f~) -2- '. C' "'-" ~. . 'WI '-" C. Estimated Cost of the Transporta~ion Project: Construction: $ /11 C(~3 . Right-of-Way: $ I _~_ Design & Engineering: $ ~ I * :; ~ ~ Gð - TOTAL COST: $ );¡, 353 , *May be used as matching dollars if acquisition is required from a third party in order to construct the transportation facility. D. Transportation Project Funding Sources: City: $ -v- County: $ - "ù- Company: $ Apt.! fh,r.J" I\P"....L'~· ~L,; V\f/.l'(/.u..Jvt.1 (.,¡(¡\UC 4\µ","~D Request from the Economic Development Transportation Fund ($2,000,000) maximum): $ ~g; . .353 I TOTAL COST: ~ '3; 3S.3 / above) $ (NOTE: Must aàd up to Total.Cost in~. E. l¡ ·WlOI\1T1-I~ Estimated time for construction: IV. PROJECT LOCATION A. X No Located in an Enterprise Zone? Yes B. Located in the Target ~xea of a Community Development Corporation? Yes ~ No V: SELECTED ECONOMIC I~~ICATIONS A. Unemployment Rate: 1;}.:r;"4 ,I\Nfllv..L 1\J't. Information Source: +'len/etA 1)gf'A,.~+v\<\;~1 C. ,..., o'~ L.A ß"z, B. Per Capita Income: il;;;~ht;. ( lG'ì;) Information Source: <¡:/ð" ~ï~T/.,nc..~· 4r;";T~Aä (T~~k 6.il) 1<i'1, f;,J!. Poverty Rate: '), ßD/O ) I~ Information Source: .¡'IA. JA+,.,t,cAL A-ß..h.ltâ (ïA.y, ¿ t.; .Sj· lcti, Rd/ No.::: ~o.H.T,2uc.TI"'J i"o.,.t bt,...~+,c uJ~ ~ œlld~ P::o U..,....~ r=D07 ~ c,... Loc., lOJ.Í'; 2:)I,...~·f::~. )~ f.I.1Aal~ 1.11:2. C-a~... C..¡,.. .tEDTFC12 (efT cctivc 6/9.:) -)- . ;( 1\ :7- ~ ~ 9ß2.~:, \0 'è" -.. --- . {,~..~~~ ....:..... '-" . """" VI. OTHER CONSIDEP~TIONS A. Is the II, the adopted local government comprehensive plan for. jurisdiction in compliance with Chapter 163, Part Florida Statutes? - Y Yes No If not, what is the expected time frame for compliance? B. What is the Future Land Use Map designation for the business facility state? :1:tJ 0 - . :(NDü~ín.I",L C. Are the transportation project and business facility consistent with the adouted local government comprehensive plan? .~ Yes No' / If not, describe the inconsistency and give the time frame for amending the plan: D. Does construction of the business facility trigger concurrenCyreqUirements~er than for transportation facilities? Yes No If so, ,explain: E. Does construction of the business facility trigger concurrencv recuirements for transpo~tation facilities? Yes- Y No If yes, what transportation management alternatives have been considered? F. Does the aàopteà Pla~clude an Economic Development -Element"'? . " 'Yes' 'No . -..----..-------- '--~' .....-.. . .tEDTF02 (clTc::ivc 6~) -4- 1.-- ~ ~ .G, Is the applicant's transportation project linked to other PUblicly funded economic development programs? If so, how does it further those efforts? 0u H. If not, why not? Will low to ~oderate inco~e workers be eligible for e~ployment within this facility? Y Yes No '" = VII. PROJECT INFO~~TION , LOcation cf Project (Road Nu~berJ: J U.S. State County ~/A- City I Pa~ty responsible for maintenance ind Upkeep: State County)(' City (If more than one is apPlicable, please indicatè.) Total Length of Project: ,J& 1\'),1" ~ile (s) Brief Description of Project: A qooi roD; "2",liTO'''D $(0'< : ~ Is there an alternative that would provide more cost effective access to the project? Yes X No Are there any additional traffic i~pacts? Yes \c No ···--ves,· 'does-' the'- DroJ·ect· orovide for adàition-al.-liÙ:5¿:ètT.......--.._.._ - - - . - If Yes '--- 00.. Nc If no, please explain: .-- "--- - _. -. - ._.o~. ... ., -- .. ---- .. ..--- -- -. -.- 0 -'- -.__0____... -. . _.__ '0__. __. .... o. .'. ..... _. _'0. __. ..__... ..... . -........ _.. .. -.. "-- -_. _. ··__e.. 0_. "- .. .... . ... -.- . -.-- .. - - - -. -----..---.. .:"EDTr02 (c/Tc.::1ivc: 619-:) --- t::i¡;j~ .-..;':~ . '-' "'wJI VIII. TRAFFIC IMPACTS FOR PROJECTS INVOLVING STATE HIGKWAYS ONLY Traffic generation estimates (in nu~ber of vehicles daily) : 1. Number of Cars Number of Trucks .1\M Peak Hour a.m. to a.m.: Indicate Number of: 2. Inbound Cars Inbound Trucks Outbound Cars Outbound Trucks p.m. to p.m.: Indicate Number of: PM Peak Hour 3. Inbound Cars Inbound Trucks Ot.i.tbound Cars octbound Trucks If this aPDlication is for· a city road, the city must agree to maintain the ~oad. If a county road is involved, the county must agree to maintain'the road. This will be stipulated in all contracts involving expenditure of the Economic Development - Transportation Fund. DOT form, letter from applicant, letter from the benefiting company and a map showing the relëtionship of the facility to the transportation project must accompany this application. Signature: Gary D. Charles, Sr. ( Name) St. Lucie Count Board of Count Commission ('i'itle) Please type: city or county --... Specific Þ.uthority 2ô8.063, 120.53 (1) (a), F. S. :_~a_~.~ .:ï;~E~_~~~D!-~9 ...__..~ôJL. O_§.~L__J._?O :S:~_~{).J.:. (a)., ~..F_. _ S ~. ---..-.-. .. ~. I'EDTF02 (efT cctive 6/9.:) -6- ,Ä;';"'" ~ ''I.'''''''''' : . FLORIDA DEPART.!i"LtlT OF CO!-<~1ERCE ECONOMIC DEVELOPMENT TRANS?ORTATION PROJECT FOR SUBMISSION TO ~OUR DO~ DISTRICT SECRETARY'S OFFXCE IX. DOT TRANSPORTATION ?ROJECT CONSTRUCTION COST ESTIMAT~ 8~sed'on inform~tion provided ~ich t~is ~OO¡ic2tion: Est.irnateë cost of cons~ruct.iol1: $ 142.362 'E:;tirnated co:=t of righ~-of-vay: S Estimated cost of design and ençineé.ring= S Has àesign and engineering been completed? Yes X No - Yes x No N/A Was cos~ overrun considered in total cost? If yes, hov ~uch? !s design in ~ccordance with DOT sþe~ifica~ions? Rov ~any days estimated fcr completion? DOT Cor.tr.1ents: The track conscruction cost is c:nn·d t::r:ønr \J; ~1-. 'I'\"~ estimation for this type work. The estimate for drainav.e/2r~dint pp~;rr'~g! - mitigation and ocher contingenc1eG cannot be substantiated. ~:r- (Sign~t~~e of DOT ) Joseph M. Ye&beck Director of Planning and Programs, Discr;cc 4 The sign~~ure of FOOT only attes~s ~o ~OTF transportation project cost estimates and does not cor.~i~ FOOT ~o 2uto~~tically ~pprove any permits associ~ted ~ith t~is projeçt. ~-_.. .-... . ,.--- .-. -- - --.... .... .. .. ';:- "-:':)TI":-: I:!':"=-:;"~ ~.~':1 -ï- ~._. '-' -""" ..~ ~~ MAGNUM ENVIRONMENTAL SERVIC·ES LEGAL DESCRIPTION Lot 8 of Model Land Company's Subdivision of the NW 1/4 of Section 6, Township 36 South, Range 40 East A5 Per Plat Recorded. Plat Book 4, Page 34 of Public Records of' St. Lucie County. - . ."~-;~ i __ .~~¡~.J.~ ..J - .... -_'i:-..;t":· ""'" ~ 3400 WEST COl\-fMERCIAL BC" fLEV ARD FORT LAUDERDALE. FLORIDA 33JO'J~1 TELEPHONE: ~54) 171-4593 FAX: (954) 777-4197 FLORIDA DEPARTl\1ENT OF TRANSPORTATION aC(c.w...~ sxou:TAZT - - - - ...- - - - - -- '"'!!!!' U.WTO!( C1I1US CO\'UI'I~ DIVISION OF fLA1'(N1I'{G AND rROGRAMS June 3, 1997 Mr. Dennis J Murphy, AlCP Land Development Coordinator St. Lucie County 2300 Virginìa Avenue Ft. Pierce, Florida 34982 Dear Mr. Murphy: Re: Economic Development Transportation Fund Application Magnum Environmental Services We reviewed and signed the enclosed cost estimate for the subject grant application. Note that we are unable to substantiate Úle grading, drainage and permitting costs. Please let me know if you have any questions. Sincerely, ~L Joseph M. Yesbcck, P .E. District D~tor Planning and Programs Enclosure @~~Lm ....,... "'~ ;,..,;...:,;....':. (gf~ Fr....,oRIDA EAST COAST Bh f -.JAY COMPANY Ap1:"il 2], 1997 Fo~t Pie~ce. ~l. Magnum Environmental Services 5690 Midway Road Fort Pierce, Florida Attention Kathy: NDUSTRY'S PORTION - C.P. TO END 786' MATERIAL k. 115# (New Wood Ties) G Wheel stops e~~aneouS &: con~ingencie5 Total Material . u..BOR ~a.l.l 'rr ack .al.l Wheel S 1:.0PS .nearing &: S\lpervi.s ion ~ellaneoUS &: cont:.i.nqencies T01:.al Labor ~ Industry' s pord-on ~l ~st.j_..õ\ated Cost:. T~tal Est~a~ed Cos~ 786.00 1.00 1.00 786.QO 1_00 1.00 1.00 :: Estimate of cost does not include q~adi~Ç, drainage or wireline cha."1ges. L.f. PAIR L.S. L.r. ?A!R L.S. L.S. $49.00 575_00 2.004.45 $23.50 100.00 4:.773.16 555.84 538.514.QO 575.00' 2,004.45 =====::::s__==-= $41.093.45 SJ.B,471.00 100.00 4,773.16 S55.8~ ===---;:=.=:::=- S23.900.00. =--====~&.= S64,993.~5 _,__ ccc::==-=----- $98.793.45 ===ce_==~==::S" ==_c====%J-C:: ~ IUDA EAST COAST RAILWAY COMPANY ICE OF MANAGER - ENGINEERING SERVICES NT AUGUSTINE. FLORIDA ..." __c=~e~a~======~_===~==========.C===============~~_C~========---~œ__.c=~==~~= T PIERCE: proposed track to serve JUNE 4,1996 Magnum Enviromaental. Services. f'ILE ~~ ___=====__C=~==2_~========---~~Q~=========~.-C=======C~======aa_~;====~~=_ø== ilnate of cost to construct a 953' apur track.· ? . the sout...'1.eas~er~y side ot main track. A ~weste~ly P.S. for a No. 10 T.O. will be ~ocated ~e ~ead track at M_P. K 5+17. =.c=========~.__=========~--~=-Q========a_--¥--======--____cc======~~------.c D€scrip~1.on LWAY'S PORTION -P.S. TO C.P. - 167' . Construction 10- ~~5# Turnout (.Rail &. OTM) ta.l~ Turn-out (Labor &. Equipment) 10 swi¡:.ch Ties tal~ S~~ch Tie Se~, #10 CK, 115# (Rail & OT.M) ta.ll Track. 115if (Labor & Equipment) ssties. S.H. woed tall Crossties .l.~t.. Li.merock oad-Ea~last & surtace Track .:1.neer:ing & superv:ision or Addit~ves (42.32%) er.ial Jt..dditi-ves (6 - 06%) ce~~aneous & contingency Tocal construction R=.."""MOV AL .or To Remove CrosS Ties :or Addi:t:ive = (42.32%) 'e:::-v:i.s i.on ::::ellanQouS ê...71d cont.1ngency Total Removal To~al Railway'g Port~on . _.....~. Number Unit.s price cost 1.00 EACH 516,529.00 $16,529.00 1.00 L. S. 3.:161.92 3.361.92 1.00 SET 3,311.03 .3,)1.J..03 GS.OO EACH 9.90 643.50 52.00 L.P. 14.68 763.36 52.00 L.F. 6.00 3~2.00 30.00 EACH 4.50 ~JS.OO 30.00 SJ\Cñ 9.90 297.00 ~OO.OO TONS 6,00 600.00 ~OQ.OO TONS .2.96 296.-QO 1.00 L.S. 2,624.88 2.624.88 1.00 L.S. ~.55B.57 1.558.57 1. 00 L. S. 1,293.1~ 1,293.11 1. 674.64: _-..:===c::~===== S33.~OO.QO 65.00 1.00 1.00 1. 00 EACH L.S. L.S. L.S. $1.50 30.95 200.00 71.55 ,597.50 30.95 200.00 71.5S OCl.========_C 5400.00 _CJaC===-===== $33.890.00 ====:=_.øo::=== ,¡..""".., '-'" Exhibit 1181' ~.;......... .: ...", ~ :.=' ..' .. l =. r 'J. .' ·.·;..~~:..__._iC!. "\ '\J . :,: ~'U ~.:.:....... .... I .- ~'~J':~! ...:~.' .J> ·ti~~fLbJ ::.:5t~--' I 1·\¡·;~:CI·":·I··¡;·~.·:~;·:~C~·J¡·:';:1~!\~~/:; :Gi It. __.. '. !,,,~"'<:1:!:.' .~·:I ..,..... ."1: I ';.....,- '.·~l . ~-- · tl II ~ . ¡¡-< .. ..... ._..~. . .', ... .M./'· ("- . .: .. ._....' ".' : I'. . '~''''-:.I.. .rl· ~I ::, ." . i :.:.. ~~..-"I' .".". ---- .1, ~,!, '~'.;"I"":"i .' '.:',. D... . - "-~ ,G -. . --.. . 1,/: 7··.. IT -'= -1 - ·.l·· ., ~ I ! ;-";7"'- ." 1."1 ".... ..... ~ .. . . . /_-~ . ....' .--P' . /.' " ¡ .f1 'r"-;",-.;-"; .C1 " IJ~ C". - . ":-":':' ..~~. l:J8 I ~~. .<µ......~ 0 ...... · ~.....(: ...:. :{. 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" ~, ' ~4.4"O~ ~ .... ... +tA: ~ :t··~·: lfj<,.?! t* '. ~ l ~ "...~Q~ ~ .. .'~;-'.j..r ;ª'§¡,\~"'~ '''(f'''-~~:' O~::O. ...~~. ;:..,1) ~1" \~ ~.~.. tlil. C, ,. 0 t' CA~j, uc«."-"'....;..-'" '"7::"1"~\"'I~"1 icr .. ..,.a ~:- - _. _ :' AI"'~. -::I. .. rn'- --.. -·U _'to .: ':.ì~ - . ~.~ ----~_._. .--. -....... - . -- . . . - ..... .. .. -- ..... ...- - . . 36 .. c . 1 . . " .¡ 4 ;. .... : -'.. .. .. - - ----- .- - OIVINE AO . :: ..~~~;.:. :,.~: .. . - o c ., ~ " ~ r ., , .. '. ~ ærJ " " ~¡ .. '.. . .. .... .. .. . - " i S i .. .. 'z I . . ~-;:. . , ~: ~ ~ ..., ECONOMIC DEVELOPMENT TRANSPORTATION FUND AGREEMENT ! This Agreement dated this _ day of . 1996, by and between St. Lucie County. hereinafter referred to as the "County" and Magnum Environmental Sy~ems, hereinafter I I referr~d to as "Magnum". WHEREAS, the County is interested in encouragmg economic development tn the I County; and, WHEREAS, the State of Florida has established an Economic Development Transportation Fund that is available to local governments in need of financial assistance for transportation projects which will facilitate economic development; and, : . WHEREAS, Magnum intends to expand its operations in St. Lucie County at the location identified in Exhibit" A" and employ an additionål 24 persons in the County; and, WHkREAS, Magnum requires the ability to utilize rail seIVice to facilitate its operations; and, WHEREAS, Magnum has requested that the County apply for a grant from the Economic Development Transportation Fun.d in the amount of two hundred thousand and 0/100 ($200,000.00) .dollars to fund the construction of a rail spur to seIVe Magnum's property. NOW, THEREFORE, in consideration. of the mutual promises contained herein. the parties agree as follows:· 1. LOCATION OF OPERATIONS. Magnum agrees to .expand its operations to \.,St. Lucie County, the site described in Exhibit "A" and employ an additional 24 persons at the site. g:\ag re~mn'ldocs\magnum 4)-·~.I;.; :. " '!,_r-.~ ~ ...." 2. APPLICATION FOR GRANT. In consideration of Magnum's agreement to expand in St. Lucie County, County agrees to apply for a two hundred thousand and 0/100 ($200,000.00) grant from the State of Florida Economic Development Transportation Fund to I construct a rail spur in the location identified in Exhibit "B". 3. RIGHT-OF-W A Y CONVEYANCE. Within 120 days from the date of this Agreement, Þ1.~gn~m. agree~ to c~nvey th~ r~g~_~.~P~:Y.'.~y..,~~qu~r~9:.f9r the. rail spur. as described in -. ...." .'" . ......' .¡.._C,_.":' ~..._" .. '.-T, ........... .... '.. _. . E~~b.it éU~u to County..by.g~n~~alwmanty_deedjn.recordable fonn free and clear of all liens and encumbrances. Magnum, at its cost, agrees to provide the County with a title insurance commitment and a boundary survey covering the site described in Exhibit UB" at least fifteen (15) days prior to the conveyanc~. 4. MAINTENANCE OF RIGHT-OF-WAY: ASSUMPTION OF TRACKAGE AGREEMENT RESPONSIBILITIES. After the convey.ance of the right-of-way to the County, Magnum agrees~.tomaintain th.e right-of-way in good condition·àt'no cost to the County: In the event that the County is required. to enter into a trackage agreement with Florida East' Coast Railway Company (FEC) siInilar in fonn to the agreement attached as Exhibit "Cu, Magnum agrees to perfonn jall of the responsibilities assi!Wed to the County in. the trackage agreement, including but not limited to, indemnifying FEC and maintaining the spur. 5. PAYMENT OF EXCESS COSTS: REIMBURSEMENT. In the event that construction of the railroad spur costs more than the amount of the grant (i.e. $200,000;00) . Magnum agrees to pay the addition~ amount to the County within ten (10) days from the date of written demand by the County. If, prior to construction, FEC provides the County with a writtin. cost estimate of the proposed improvements that exceeds two hundred thousand and 0/100 g:\agreemntldoc.r\mag num 2 ~ ~~...~c.. '-" 'wIÌ ($2-qO,000.00) dollars, Magnum agrees to pay to the County within ten (10) days from receipt of the estimate, the difference between the cost estimate and the amount of .the grant. The I County shall only use the funds provided by Magnum to pay project costs. In the event the project costs less than the estimate, the County shall refund the difference to Magnum. Iri the . event the project costs more than the estimate, Magnum shall pay the dï"fference as set out above. 6. TERMINATION. This Agreement may be terminated as follows: A. Upon agreement 'of both parties; B. Automatically; upon notice that the Economic Development Transportation Fund Agrdement ,was not approved; C. Upon default by either party after thirty (30) days prior written notice of the default and failure to cure the default. !7. A TrO RNEYS' FEES AND COSTS. Þ the event of any dispute concerning the terms and conditions of this Agr~ement or in the event of any action by any, party to this i Agreement to judicially interpret or enforce this Agreement or any provision hereof, or in any dispute arising in any manner from this Agreement, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, induding but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and I other professional fees, costs and expenses, whether suit be brought or not, and whether any senl,ement shall be entered in any declaratory action, at trial or on appeal. 8. i NOTICES. AÜ notices, requests, consents, and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving , I . such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by g:lag reemntldocslmagnrtm 3 p.!.k)". .:' 'Ii. ~ .. ..... . ...." registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: With A Copy To: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 As' To Magnum: Magnum Environmental Systems 5690 W. ~dway Road Fort Pierce, Florida 34981 or to such otherl address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal deli,very, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is de~ignated by the postal 'authorities as not deliverable, as the case may be, if mailed. 8. CONFLICT OF INTEREST. Magnum represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the perfonnance of services required hereunder, as provided for in Florida Statutes 112.311 (1995) and as may be amended from time to time. Magnum further represents that no person having any interest shall be employed for 'said performance. Magnum shall promptly notify the County in writing by certified mail of all potential conflicts. of interest p'rohibited by existing state law for any prospective business association, interrst or other circumstance which may influence or appear to influence Magnum's judgment or quality of services being pro~ided hereunder. Such written notification shall identify the I. I prospective business association, interest or circumstance, the nature of work that Magnum may g: \a gre emn t\docs\magn u m 4 - ..,¡:;.;...-.~..._. , I '-" " ..""., undertake and request an òpinion of' the County· as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered intq by Magnum. The County agrees to notify Magnum of its opinion by certified mail within thirty (30) days of receipt of notification by Magnum. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by Magnum" the County shall so state in the notification and Magnum shall, at hislher option, enter into said association, interest or circùmstance and it shall be deemed not in conflict of interest I with respect to services provided to the County by Magnum under the terms of this Agreement. 30. INTERPR~TA TION; VENUE. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior vérbal or . written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivere4 by both parties hereto. This Agreement shall be interpreted as a whole unit and, section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for 5t. Lucie CounJY~ Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court: IN WITNESS WHEREOF, the County has hereunto subscribed and Magnum has affixed his, its, or their names, or name, and seal the date aforesaid. I A TrEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA \. BY: CHAIRMAN CLERK g:\agreemnt\docs\rnagn urn 5 ..;-- .. ~:.~ .;C~ '-'" ~...., APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: ~:(~~~:rME~= OSIRIS RAMOS (SEAL) EXECUTIVE VICE PRESIDENT .. g:\agreemnt\docs\magnrtm 6 ~.. . " .".....'?'" '-' t~{Þ . .."", . t ~~ T_1' MAGNUM ENVIRONMENTAL SERVICES LEGAL DESCRIPTION Lot 8 of Model Land Company's Subdivision of the ~ 1I~ of Section 6, Township 36 South, Range 40 East As Per ~lat Recorded, ~lat Book 4, Page 34 of Public Records .o~ St. Lucie County. Exhibit "AM .--- CRA-IU". w w o VI CJ .:t: )2 WHITE . . ~ AO W o w , ·S µ:.f 26 ,.. '.. l °C .. .. " , .' .# _-:---__.-:..L........!.:... ~ .------- 1"35 .,. .: .- OIVlHE 80 orvIllE 80 ~~~ , : , . P/l.C~~£O 1Í:z./J¿~ , ..... " :::~ . '" i-. .0 :1 " _L .. -! ,,"YO.l1f I' ......~:. ~ ~. .. 0"- - -j - . . . , ~ ¡.$Ji:~, . ..... .:. ....., (.:;"".:;;" THJ:S 'I.'RACKAGB AGREEMEN'l'1 effective this day of À. D. I :1.9_, by and between FLORIDA ~'I' COAST RAILWA.Y COMPANY, a Florida cOr);)oracion, hereinaft.er called ICRailway·, and ~I a ~ corporation, whose address is ~~ hereinafter called vIndus~a, . ~, che Industry desires track facilicies hereinafter called .sidetrack~ for the economical and convenient conduct of the ¡ business of the Industry, at· or near the ~~ station of the I Railway, in the State of Florida.. described as follows: ¡ ~~. I In accordance with Drawing No. ~j, accached heret:.b and made a part. hereof. daced ~. . i( . I - . . . , File:"~~~i Page 1 EXHIBIT "C" ...,J",""",-_ 4--'_ j..,J-'\...I":;tO..... J..' -,........ ~ .... c:..t.... ./ . .:._0 . ,. .."; J. 4 I.......\- LJ I I "'-I".&.I I I \V.. c..-4,J ,-", .. .:: l*'IoO!~ .,,:~:....:.-.... '-" ..." NOW, ~ORE, in consideration of the provisions herein contained, it I is mutually agreed that the said sidet:.rack and any other facilities hereinabove described, shall be constructed, maintained and :Operated under the following terms' 'and condi tians: 1. TERM~; The Industry shall use che hereinabove described track faciliti~s under the terms hereof, for the space of one yeår only from aatte of this agreement. At. the expiration af t.he said initial t:erm of one year, or any renewals thereof, this agreement shall be considered as renewed for an additional .cerm of one year upon the :;Jams te.:rxns and condi tions , unl ess ei cher party here to shall give wrift¿en notice to the' other party of intention nor. to renew this agreemenc, at." least thirty (30) days before the expiration of said initial term or of any renewal term. PROVIDED ALWAYS, chat this agreement shall be subjecc to cancellation during I the initial te;m or of any renewal term, in the manner hereinafter provided in Paragraph No. 13. I. I I 2. CONStRUCTION:. The coSt of construcr.ing said sidetrack, including ~oa~ed, trescles, bridges and all other appur~enances in connection there~ith, shall be borne as follows: Track Previously Construct.ed . 3 ~ I I . - CL~RANCES: The rndustry agrees nOt to permit any obstruction over said sidetrack, or alongside ·of said sidetrack less than eight (8) (~) -feet from center of track, . ~ith the necessary additional clearance on curves. (") eight:. ·(8) feet:. for buildings and covered platfOrIns; other ~tructures. fences, posts, etc.. ten (10) feet. I I; ~4 . MAINTEr1\NCE: A. Said: sidetrack shall be maintained and renewed to the satisfaction of the Railway; the work shall be performed and the cost thereof borne as follows: Railway shall m~intain the aforementioned sidetrack. I B. Simu~taneouslY with the execution and delivery of this agreement, . Indust~ shall pay to Railway the araount. of $Ji.i.~ .Amoun~Jj, plus Flor:Lda Sales and Use Tax, for use of the trackage specified in th~s agreement for the first year and a like amount in '~dvance for each and every year thereafter thac this agreem6n~ I shall remain in effect. . pagé, 2 .. ·1 I I .. " ~ ..., C. MAINTENANCE OF RIGHT OF WAY. The Indus.try agrees to keep the' right. of way on which the facilities. herein described is located as well as! property adjacent. thereto, owned or controlled by Industry, free of all obstructions, commodities, rubbish crash, combustible or inflammable tnaterials, which may prove a danger to those engaged in the operation of the Railway or dangerous to any property in the custody of Railway. S. Q~RSHIE: The t.itle and owne~ship' 'of said sidetrack shall be vested as follows: I I Railway owns and shall continue to own the trackage hereinabove described. Indust.ry. ågrees not c.o take any action or allow any acC:ion t.o be taken 'by third parties which will interfere with or disparage Ra~iway's title of the herein described facilities. 6. I i ADDI~¡ONAL PROVISIONS: By express· reference special paragraph ~~~ actached hereto are made a part hereof. 6A. It is understood and agreed bètween ,t:he parties hereto that Railway reserves unto itself, its successors, permittees, licensees, or oCher persons,· the righc to construct and maintain· other faciJ.ic.i.es, including, but not limiced t.o: pipelines and/or communication cables, over and across the Railway's affected herein described p:z:.-oper, t:y and furcher, that Induscry shall take no I measures to interfere with the construction or tnaint:.enance of said I facilicias and shall at all times allow ingress and egress co the I· herein described property by said successors, permittees, licensees or other persons. I I I I I I i 6EI. Industry is hereby notified that the Railwa.y's property to be occupied by the proposed .structures herein does or may contain one or more subgrade fiber optic cables and/or signal communication wires. These cables and/oJ:" wires may havé been encased in a pipe designed co proc.ect che subgr~de cables and/or wires. In che event that modificacion to the existing structure occurs ~.t Indus cry' s request which would reQ:l1.ire t.he relocation, modification or lengthening of the proteccive pipe, Induscry agrees to pay all cosc.s of ins·tallaeion, modification or extension of said casing pipes. Industry shall not· be liable for' the cose of che initial installa~ion of casing pipes under an existing track s~ructure. In cases where modification co the existing structure occurs ac Indv.scry's reQUesc, Industry shall be liable for the entire cose. a.."1d will pay the reQUired amounc. co the Railway when presented with a bill for same. i I page 3 I " "I '. c....- ._.~ "." : ."""" ~~B~ AND SPECIAL PROVISIONS 7. BIGHT Of WAY: A. The Industry shall provide, without cost to the Railway, all necessary :eight.. of way outside of the right. of way of the Railway, required for the proper construction and operation of said sidet.rack, said right of way and the title of the IndusC.ry to the I same, ~o be satisfactory to Railway. I I B. :rndustxY releases the Railway from any and all claims, expenses, or damages to the Industry as a result::. of any governmental regulat~on prohibiting· the Industry's continued use and enjoyment of the herein described facilicies. Ie, ThØ Railway shall have the righC to enter and re-enter I upon property 0 f the Indus try, for the purpose 0 f cons tr'llcting , maintaining and ope~ating ~aid sidet.rack. I I I 8 , S"IDBTR.~CK SERVICE >.ND T]lÜtIPF ÇHlŒGES: : A. A£t.er the placing of said sidetrack in service, the Railway will deli~er . thereon to. the Indust.ry, cars containing ca.rload shipments consigned to the Industry', and empty cars for loa.ding t:.hereot1, and, will thereon accept from the ¡ndustry cars containing ca.rload shipments, for movement to des tinations over the line of the Railway or its c:onneccions. For such service che Industry wil~ pay the-legal tariff charges. I I lB. Should any portion of chis sidec.rack, or adjacent real properr.y (referred t.o jointly as the -locacion") be used for the loading, unloading or storage. of hazardous materials, the INDUST'R'f I shall (1) be solely r~sponsible for ascertaining that local, sc.ate I and federal laws, ordinances and ~egulations. do not prohibit the loading, unloading or' s.torage of hazardous materials at this· location and (2) be solely responsible as between t.he RAILWAY and t.he INDUSTRY for cOmPlyi.ngwitb. all che foregoing laws, ordinances I and regular.ions whicn affect or regulace the loading, unloading or storage operar.ions of hazardous materials ac this location. 9. QSE ~~ AS~IGNMENT: I A.' The Railway shall have the right to use the whole or any part of said sidetrack provided such use shall not. unreasonably inr.erfere with che use thereof by the· Industry. I . B. The Industry may allow a third party to use chis sidetrack for c.he termination or origination of rail shipment.s of the third pa~cy which ~ove via the Railway. Such use, however, shall only be Page 4. I... .l~;."", ~t--,-, --. . . . " ~ ..., I permit:t:ed by the ·Railwa.y with the understanding ch9-t both t:he Industry and the third party are bound by and subject: t.o all tenns ofc:his Trackage Agreement:. C. This Trackage Agreement shall not be assigned by the Indust.ry ~tho~t the written consent of tbe Railway, as it: is based upon the credit and reputation of the Industry. Acceptance. by the Railway of any money or other obligation of the Indust~ by a third party shall not be considered as an assignment. 10. PISCONTINU~CE: MY and all loss or damage sU6tained by de Indust:ry in consequence of any temporary or pexmanent elimination of said sidetrack, or abandonment of the Railway's connecting trac'kage shall be assumed by the Industry, or in the event the disposition of the property of che Railway, or its future use or development shall' make il: 1mpracc.icable in the judgment of the Railway co continue the connections, che Indusc:xy hereby waives any and all clafms therefor. 11. LIABILITY.AND IND~ITY: A. DELIVERY BY' RAILWAY. Carload shipmencs consigned to the Iñdus t:ry for del i very on said sidetrack shall be deemed to hav6 been delivered when the car containing such shipments shall have been placed on che sidecrack a..'"'1d detached from the engine or train by which it was moved, and the Railway shall thereupon be relieved ! of any liabilitY either as cO[ll¡Uon carrier, warehouseman, bailee or otherwise, for loss of or injury to such shipments occurring after sµch delive:ry. B. DELIVF;RY BY INDUSTRY. The Railway sha~¡ not: be liable as common c~rier, warehouseman, bailee, or otherwise, for any property loaded into any car ~:m said s1decrack until said car is attached or coupled to the engine or crain by which it is to be moved from said sidetrack toward its destination, or until a bill of lading shall have been, issued t.o the Industry t.herefor. tIncil such ouibound car is so attached or coupled up, or a bill of lading is issued therefor. the said car and its conr:encs shall be deemed and hold co be in the possession of the Industry so far as liability therefor. is concerned. c. rNDrm~'1'Y. (1) :rndus~ry agrees co release, indQW1ify and save ha~less the Railway (plus its agents. servancs and employees) from. and against all liabilities, claims, costs and ac:c:orney fees resulting from any· and a.ll properc.y damage, personal injuries or deachs of · r.he Railway ( the' Induscry or any third party caused by or aris ing out of the Industry's failure co perform any of its obligations contained in any' part: of this Trackage Agreement. Page 5 ...._--t--.......J.J\.J.-I\.J..4.... _l...Jlï& " L-_ '-ll...J\- L.I II 1'\'--".&..1' ~ , . '.~~'~,-" ,'''--.' ..., (2) Industry agrees to release, indemnify and save har.mless . the Railway (plus its agencs, servancs and employees) from and against all lia.biliti~s, claims, costs and attorney fees, resulting fròrn any and all property damage, personal injuries or deaths of the: R,Ülway, the Industry or any third party caused by or arising oue. of the prese..T'lce, maintenance, use or removal of said trackage due to any cause ¥Jhatsoever, excepting only the sole negligence of its agents, servants and employees of the Railway. (3) Industry agrees to pay t.oche Railway. the full amount. of the loss or daxnage susc:ained by Railway by reason of any damage to or destruction' of any railroad car while on said sidetrack, que co a~y cause Iwhac.soever, excepting only damage or destruction of railway cars occasioned by the sole negligence of the Railway. 12. LOADING AND UNLOADING: The Industry will promptly, at i cs own coSt and expense, and subject to all proper demurrage and other charges) load or unload cars which 'are placed on. said sidet.rack for loading and unloading by it; and the Induscry will not allow cars delivered to it on said sidetrack to be removoo therefrom except. by the Railway. 13, CANC~t..ATIQ~T. TERMIm'l'ION AND REMOV'ÃL:_ A. This -agreement shall be terminable upon thirty (30) days' writt.en notice· from either party co the other, which nocice may be given eit:.her by united States mail to the last known principal office of t:.he PARTY TO RECEIVE such notice, or personally delivered. B. Upon :te:rmination of this Agreement t.he. Railway shall have the right t.o enter upon r:.he property of Industry and remove any or all of the material owned by the Railway, and Railway shall noC: be liable to accoune in any way co anyone for any. monies paid or expended on account. of any of the track or tracks covered by the agreement, nor Eor any damages resulting from the r·emoval of any or' all of t.he ma.terial owned .by the Railway. I I 14 . DOCOMENTAR"l ST1.MP T'þ'xES: Indus try agrees to pay upon the execution and delivery or this agreement, the amount of any necessary documentary stamp taxes reqµired to be affixed t.o this agreement under the laws of the United States of America, the State of Florida or bpth. I 15. ~IVER OF CLAIMS: Industry waives 'and relinquishes any legal rights -and roone~ary claims which it might have _against Railway for full compensation, or damages of any sort, including, but not limited to special damages; severance damages, removal cost.s or loss of business profits resulcing from ies loss of the page 6 -_. --_ ....,J...;'-.I:;}Oj,....... 4 -"'...Jf---.&.,-- c...It..- 1&. .J~c...¡\.C'U:....C'\..J..jl 1'tV. <:::4::> p". ( , ~ .. -~ .. . . . ~ " '. '-" ...., use of t:.h~ tracJ<;age specified in chis agreement. whecher (~J service is suspe.."1ded or' te.rmin.a.ted on thè connecting Raib¡ay c:-ac]cage; (2) the" conneccing Railway trackage is abandonGd; or (3) the prope.rc:.y of. .the Ra,ilway upon which c:he trackage is situated is cakeD. by eminent. domain p1;oceedings or sold under the threa.t chereot- 16 _ ENTIRE UNDER$TANDING. LITIGATION AND V'RNU'E.: This Trackage Agreement constituces che entire underscanding of ~e pa~ties and cannot be modi"fied without the writ.cen conse..T1.t of boc:.h parc:ies. In the event of litigacion, c:.he: parties agree t.hat: the laws of ..t::.he State of Florida will apply. In a..'1. act.ion to e.."l:torce any of the· p:r:ovisions of this Agree.rnent, the parcies hereto s~ecifically agree t:hat venue shall lie in 51:. Johns County. . : ~~ - . IN WJ:TNESS ws:::eREOF, the parties heret:o have e.xecuc.ed t.his Trackage ì\.greemenl:, in duplicate original," on ths dace below ths . signatures of t:.heir auchorized officials or themselves as ir..di viduals . Sisned" sealed and delivered in ~he presence;of: FLORIDA EAST COAST RA:tL~ . ÇO~ANY, a Florida Ccrporation, sy; (S'=':\!.) p:::,esident wit.nesses as to Railway At:test:~ .~sistan~ 5ec:::-etary Date or ~ecution: By: J 0 . . v. _::"eS.lcent · . ~ C?",J.iO:_ (5~~) At:test: Sèc:=-eca__ '1-*7 . I W~~~essss as to Industry Date of Exe~~tion: ?age 7 ~.. ,," ·....;~...- .. ............ '-" ...., August 11, 1997 Ms. Alberta Simmons The Atrium Building 325 John Knox Road Suite 201 Tallahassee, FL 32303 Dear Ms. Simmons: The Office of Tourism, Trade, and Economic Development requested that the Department of Community Affairs review and provide comments on the Economic Development Transportation Fund (EDTF) application from St Lucie County. The Department reviews EDTF applications for consistency with the following program areas: housing and community development, resource planning and management at both the state and local level, coastal management and emergency management. Based on our review, the Department did not find any inconsistencies with the application. If you have any questions, please contact me at 414-5495. Thank you. r~~~ Keri Akers, Coordinator Florida State Clearinghouse ~ cc:Dennis J. Murphy, Land Development Coordinator .......:-.......__...,.:.. pv_,· _..__. .. . . _...~.._ .-:_........_.... _"~_h~_' -_. .. - ,.;.¡.... - "- FIOl'id.~ ~par.tnlent of E11virol1melltal Protection '-' lVIen10randunl Via Facsimile 922-9595 Two pages August 13, 1997 TO: Æ/tbena Simmons, Development Representative, Enterprise Florida C' , uddy Johnson, Ombudsman FR01vf: SUBJECT: EDTF Application - St. Lucie County After review of the transportation fund application, district staff have made the following comments: 1. From Waste Management a.. The facility, Magnum Environmental Services, Inc., is a Hu.ardous \Vaste Used Oil Processing facility currently operating under Florlë.a StatUtes and Department regulations. b. We are currently processing a pennit application submitted by Magnum for storage and processing $:If used oil under new hazardous waste requirements. .~y increase in storage and processing capacily, as a œsult of constructing the proposed rail road spur, will require a permit modification from DEP. 2, Fram Environmental Resource Permitting (ERP) needs environmental resource permit. Wetland and stonnwater issues need to be addressed. A preapplication conference with the DEP Southeast District Office and Staff to discuss design and permining requirements is recommended. For more information about this site or to set up a conference, Contact the DEP Southeast District Office by mail at 400 N.Congress Ave., West Palm Beach, FL 334060r by phone at (561) 681-6600. Should you have any questions or concerns about this recommendation, please call me at 921-1222. ..........". t <.,.J-....... '-' ~.. ~,' ...., FLORIDA u.wrON CHILES GOVERNOR DEPARTMENT OF TRANSPORTATION 605 Suw:mnee Street, T:aIJAhauee, Florida 32399-0450 Thomn~ F. Barry, Jr. Sccret:try August 13. 1997 Ms. Wynnel1e Wilson, Economic Development Incentives Coordinator Office of Tourism. Trade, and Economic Development . Executive Office of the Governor The Capitol Tallahassee, Florida 32399-2000 Subject: Economic Development Transportation Fund (EDTF) Project for St. Lucie County/Magnum Envirorunental Services Dear Ms. Wilson: The Department of Transportation has reviewed the subject project for consistency with the Department's policies, plans and standards. Based upon the information provided, it is noted that the project's cost estimate does not consider penni~ng, any necessary mitigation, grading -{(. or drainage. These costs should be addressed in the review process to ensure sufficient funds ,~ are available to s~ccessfully complete the project., FU. rthcr, it is ~~J~,q_~cr~J~:...~~..~E:o_~I~tency ~~ .A between the apphcatlo~ and the agreement regardl?8 the responslb1l1ty for mamtenance of the ð~.i rail spur. The application states that the county will be responsible fo~ maintenance,' and the Y_ ~~u agreèment states that the applicant will be responsible. Responsibility for maintenance should @~ be resolved prior to executing the agreement. As the project does not appear to adversely ~'''\ impact the State Highway System, the Department has no additional comments regarding the Jo-r'. ~ project at this time. IJ.~J;''I..\)I , ~. _..Þ.O. I·~ If you have any questions, please contact Sandra Whitmire at 488-8006. Thank you. !"Y1J ~~/ Ai1isela LIort 0 () - ~ State Transportation Planner YL:sw cc: Alberta Simmons Joe Yesbeck Robert Bostian . .-. -"'-'~' ..."- - .--- ~- ~~-. ".. ,... . . ~ ...--- '-' AGENDA REQUEST -- ITEM NO. C-5 DATE: October 19, 1999 SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: r~:~el~ County Engineer TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Request for transfer of mining permit from Strazzulla Brothers Co., Inc. to Metropolitan Life Insurance Company, acceptance of new surety bonds for reclamation and release of existing bonds. BACKGROUND: The existing mining area, known as Capron Trails Mine, is located in northern St. Lucie County (S7,8ff34S/R39E) just west of Interstate 95 and north of Indrio Road. The property was granted conditional use approval to mine in 1989. The original mining permit was approved by the Board on March 28, 1989 and allowed for approximately 80 acres of total acreage to be excavated. On December 17, 1996 the Board approved a modification to the permit to expand the mining operation from 80 acres to 160 acres. Strazzulla Brothers Co., Inc., the original property owner and permittee, and Metropolitan Life Insurance Company, the new property owner, are jointly requesting (see attached letters) to transfer the existing mining permit from Strazzulla to Metropolitan. In addition, Metropolitan Life Insurance Company, through Dickerson Florida, Inc., are providing two new surety bonds (reclamation bonds) in the amount of $35,000 each, to replace the two existing letters of credit (reclamation bonds) at $35,000 each. FUNDS AVAIL.: N/A. PREVIOUS ACTION: March 28, 1989: Board approved mining permit for 80 acres. December 17, 1996: Board approved modifying mining permit from 80 acres to 160 acres. RECOMMENDATION: Staff recommends Board approval to 1) transfer the subject mining permit from Strazzulla Brothers Co., Inc. to Metropolitan Life Insurance Company, 2) accept the two surety bonds (reclamation bonds) from Dickerson Florida, Inc. in the amount of $35,000 each, and 3) release the two existing letters of credit (reclamation bonds) in the amount of $35,000 each, in favor of Strazzulla Brothers Co., Inc. [ ] APPROVED [~ OTHER: Defer lweek to get clarification from staff on whether applicant is required to meet current code. (J2( [ ] DENIED COMMISSION ACTION: Coordination/Sianatures [x]County Attorney [x]Originating Dept. Public Works (;.1. / I . [ ]Mgt. & Budget [x]Co. Eng e.&/ ~ Ir [ ]Budget & Revenue Coord_ []Comm. Dev. ~ Range 38 East ---- ,-- ----- ._~-_. - - N.T.S. '-' """" iNDIAN RIVER ST LUCIE County Line Range 39 East "II ,} 'Ì\ '- ' "'''-. \ '. CAPRON T~AIL COMMUNITY, DEVELOP+ENT DISTRICT ,~ J \ '~\" --- \ - \ INDRIO ROAD ... 1 \ '\..1 FLORIDA TURNPIKE .- --- -- .--." -..---...-..---- . ..- ----- - - - -- ...--. ~-, . -- .-'.- . -. :--:.~-...:-...... -",-,%%~~" I ! ¡ I . i. _.u_ . ---- i : I i \ I i \ I \@t I ¡ I ---- ._-------1 I I i r ~ f¡ ,I I I I 1 ¡ I I j , I t 345\ \ l II , ., I I I I I ¡ , , i I TOWrtSH VICINITY MAP . .-.:.,!::. '.. '. ! I PROJ~CT AR~ I .., .\\ ft" I: I \. '.ì'. f ...~ \\ '-,;' 1";\ ':\ '\\\ .., '.\1 "ì\·Œ .,\\ '-\\ ',.\ '-\\ \". \,~\ , ,\ \ --1 I I , DEC 04 1996J ::c.¡-',~ : '>:~ "._.,~.£;;,'.: >~> i;~~?¡ ~ ' .:A~<···-~~fJ,,¡~~:::~~\"' ~ '-" ..." MINING PERMIT ADDENDUM NO.1 This addendum reflects a transfer of permit as approved by the Board of County Commissioners on October 19,1999. The original mining permit was approved by the Board of County Commissioners on December 17, 1996. Effective on the date below, all interests and obligations of the permittee under this mining permit shall be transferred as follows: FROM: Strazzulla Brothers Co., Inc. (P.O. Box 3152, Fort Pierce, FL 34948) TO: Metropolitan Life Insurance Company (P.O. Box 37, Fellsmere, FL 32948-0037) MINING AREA A parcel of land lying in Section 7 and Section 18, Township 34 South, Range 39 East, St. Lucie County, Florida, being more particularly described as follows: Commence at the Southeast corner of said Section 7; thence North 88°-48'-45" West along the South line of said Section 7; a distance of 498.81 feet to the point of beginning of the following described parcel; thence South 00°- 21'-42" West departing said South line, a distance of 285.98 feet; thence North 88°-48'-45" West, a distance of 2408.93 feet; thence North 00°-00'-00" West, a distance of 4113. 75 feet; thence North 89°-38'-18" West, a distance of 957.68 feet; thence North 00°-21'-42" East, a distance of 1550.88 feet to a point on the North line of said Section 7, thence North 89°-39'-35" East along said North line of said Section 7, a distance of 1250.00 feet to a point on the Westerly line of the certain Florida Power and Light Easement, as recorded in Official Record Book 102, Page 153 of the Public Records of St. Lucie County, Florida; thence South 36°-33'-31" East along said Westerly line of the Florida Power and Light Easement, a distance of 3566.52 feet; thence South 00°-21 '-42" West departing said westerly line of the Florida Power and Light Easement, a distance of 2577.26 feet to the point of beginning. Said parcel contains 281.29 acres, more or less. Excavation area contains 2 - 80:!: acre borrow pits. All other terms and conditions remain unchanged pursuant to the original permit dated December 17, 1996. DATED THIS day of , 1999 . ST. LUCIE COUNTY ENGINEERING DIVISION Donald B. West, P .E. County Engineer S~p 30.99 04:46p Strazzulla Bros. Co., Inc 561-461-5203 p.2 '-'" .." STRAZZULLA BROS. CO., INC. çj\fJW~ ~ QuJta 8nJiIm 9<J~\; C~ P. O. Box 3152 Fort Pierce. Florida 34948 Office (407) 461·5200 Fax (407) 461 ·5203 Wats (800) 329·5203 September 28th, 1999 Mr. Richard Bouchard, P.E. 81. Lucie County Engineering Dept. 2300 Virginia Ave. Ft. Pierce, FI. 34950 Re: STRAZZULlA BROS. CO. INC. to DICKERSON GROUP INC. and MET LIFE AGRICULTURAL INVESTMENTS INC. Dear Richard, Please be advised that persuant to the Purchase and Sale Agreements between 8trazzulla Brothers Company Inc. and Met Life Agricultural Investments Inc., The Dickerson Group Inc. will hereinafter be responsible foral! mine reclamation obligations previously held by Strazzulla Brothers. The transfer of the required Reclamation Bonds to Dicker$On from the present guarantees by Strazzulla Brothers is requested at the present time. As discussed, we have no financial interest in the current mining activities encompassed by said Mining Permits and the in-place Reclamation Bonds, and therefore it is appropriate that those obligations are transferred to the new owners. Please advise vllhen I can obtain return of the original Letters of Credit, 'vVhich Secure said Reclamation Bonds. Thank you in advance for your past courtesy and assistance with these matters. cc: Jim Widman, Dickerson cc: E.J. O'Neill. Esn Metropolitan Life Insurance C<,. 'oy Agricultural Investments '-" East-Central Regional Office P.O. Box 37 Fellsmere, Florida 32948-0037 Tel 407-729-9575 ....., o MetLifë) Jeffrey R. Crawford Senior Consultant .------..--- - August 16, 1999 r - OO)-@ [~ f¡ ._--;: ! . Il ÞŒ I a::,J ib, ENGINEERI~ I Mr. Richard Bouchard P.E. St. Lucie Co. Engineering Division 2300 Virginia Ave. Room 229 Ft. Pierce, FI 34982-5652 Dear Mr. Bouchard With reference to our telephone conversation regarding the mine pennit for our property located north ofIndrio Road and west ofI-95 known as Capron Groves(formerly Strazzulla Groves), please be advised as follows. We would like to transfer the county mine pennit from Strazzulla Bros. Co. Inc. to Metropolitan Life Ins. Co. as a result of our ownership of the property which occurred in August of 1998. As you are aware, the mine has been leased to Dickerson for extraction of earth materials and they will be responsible for the reclamation bonds necessary. Any questions, please advise Sincerely ~ívl~ Qawford Sr. Consultant ~ DICKERSON FLORIDA, INC. ....., DG A COMPANY OF THE DICKERSON GROUP, INC. 3340 S.E. Dixie Highway Stuart, Florida 34997 P.O. Drawer 719 Stuart. Florida 34995 (561) 287-6820 FAX (561) 287-4660 October 8, 1999 Mr. Richard Bouchard, P.E. St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Indrio Pit Met Life/Dickerson Dear Mr. Bouchard: Pursuant to our prior conversations, please find attached the Reclamation Bonds as agreed upon. These should be utilized to replace the Strazzula Bros. Co., Inc. letters of credit. Should you have any questions relative to this, please feel free to give me a call. Very truly yours, DICKERSON FLORIDA, INC. JRW:cfm LU- es R. Widmann nior Vice President Attachments ~ KNOW ALL MEN BY THESE PRESENTS: ...", RECLAMATION BOND Dickerson Florida, Inc. Bond #346116 hereinafter called the Principal and That we, P.O. Drawer 719, Stuart, FL 34995 Seaboard Surety Company Burnt Mills Rd and Rd 206. Bedminster, N,J 07921 to hereinafter called the Surety, are held Board of County Commissioners of St Lucie County, Florida , as agent for various property owners, and firmly bound hereinafter called sum of the Obligee, in the Thirty-Five Thousand and 00/100 Dollars ($ 35,000.00 ). The liability of the Surety under this Bond for all. defaults and obligations of the Principal shall not exceed the total of the penal sum of the bond herinabove set out plus costs and attorneys' fees incurred in the payment and collection of this bond to be paid to Board of County Commissioners of St Luci; ä%U~li~~~d~m condition that Dickerson Florida, Inc. the properties as Principal, s h a I I restore a t I 0 cat e d Indrio Pit - track 1 (mining permit for maintaining borrow pit), a parcel of land lying St. Lucie County, Florida in Section 7 and Section 18, Township 34 South, Range 39 East, to their original condition as when construction was initiated at said location, then this obligation shall be void; otherwise this obligation shall remain in full force and effect. notice in writing to the Obligee. The Surety reserves the right to cancel the Bond by giving thirty (30) days SIGNED THIS 19th DAY OF January (PriTIcipal) (J¡~ ~~y: Wl n ss ~_I ~- BY: U~- 19 99 . and ttorney-in-fact Licensed Resident Agent 4 ~ """" 1974 Certified Copy SEABOARD SURETY COMPANYe .' No. 15465 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New Yori<, has made, constituted and appointed and by these presents does make, constitute and appoint James M. Moore or E. J. 0 'Mara or Peter A. Thomson or Pat E. White or Eileen C. Heard of Tampa, Florida its true and lawful Attomey-in-Fact, to make, execute and deliver on its behalf insurance policies, 'surety bonds, undertakings cn:f other instruments of similar nature as follows: Without Limitations Such insurance policies, surety bonds, undertakings and instruments· for said purposes, when duly executed by the aforesaid Attomey-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on DecemberSth, 1927, with Amendments to and including January 15,1982 and are still in full force and effect: ARTICLE VII, SECTION 1: "Policies. bonds, rec:ognizances, stipulations, consents of surety, underwriting undertakings and instruments relating thereto. Insurance policies, bonds, 'e<x)9IlizaJœs, stipuJa1ions, consents d surety and undeIwri1ing undertakings of the Company, and releases, agreements and other writings relating in any way thereto orto any claim or loss thereunder, shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board, tie President, a v~ or a Resident VICe-President and by the Secretary. an Assistant Secretary. a Resident Seaelary or a Resident Assistant Secretary; or (b) by an Attomey-in-Fact for the Company appointed and au1horized by the Chairman of tie Board. the President or a Vœ-President to make such signa11.lIe; or (c) by such other officers or representatives as the Board may from time to time detemúne. The seal of the Company shall if appropriate be affixed thereto by any such offi~r, -in-Faá or representative." IN WITNESS WHEREOF, SEABOARD SURElY COMPANY has caused th sents to be signed by one of its Vice-Presidents, and its corporate seal to be hereunto affixed and duly attested by one of; istant Secretaries, this......?J.~.~.............................. day of ....S.e.p.te.mher......., 19 .9.8...... ~S \: S) i'8,,~·;£1r~t. Attest:~ . ,,,,,X ~~æ~ETY ~P!\ ;:: 1927 ~ ~ - \\ B ~ -or ....l,......~ y) ~ ~ 4 ~ ~ ).- "'rllT.t«'" (Seal). .. ....: tary ~~""{ --.-'~. äë "B·:··Kéë·gäii"· ·........\i¡~ï "1.!í~ /)~'Ç' . :V STATE OF MAR'YlAND 55.: <'\'-- - ~~ COUNTY OF BALTIMORE .' ~ "\.À." On this .......2J.~j;.................... day of .....O~iI?~~H1J?~.K.:"........................., 19 ..~ª....., before me personally appeared .................J:tiC.hÇ\~;I....J?,...:tÇ~~g~HL.................~.... ""V........ a VICe-President of SEABOARD SURETY COMPANY, with whom t am personally acquainted, who, being by me d~I~~9{T ili6 that he resides in the State of ....~;r;y.:!-.~~Ç'L..................................; that he is a Vice-President of SEABOARD S':l~\.~ PANY, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of ~e said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice-President of said Company by like authority. (Seal) ~~ M:~CoA~Y ~~B~~Exp~~eAuof Marylan200d 2 ~!v.lli/!;'nm''!'m,ti?__~~ ,.:~ :ÁÞ.mn Q. y mmlSSlOn Ires gust 1, (!..J.: {.~~ Public CERTIFICATE I, the undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power d Attorney of which the foregoing is a fuD, true and c::onect copy, is in fuR foIœ and effect on the date of 1his CerIificaIe and I do further œr1ify that the VICe-President who exea.Jtec the said Power of AIIomey was ale á tie Officers auIhorized by tie Board á Directors Ð appoint an attomey-in-faå as provided in Article VII, Section 1, of tie By-Laws d SEABOARD SURETY COMPANY. This Cer1i1ica1e may be signed and sealed by facsimile under and by aJIhority of the following resolution of the ExeaJtive Committee á the Board d Directors of SEABOARD SURETY COMPANY at a meeting dlAy called and held on the 251h day of MaId11970. "RESOLVED: (2) That tie use of a printed facsimile of tie corporaIe seal d the Company ð1d of 1he signatLIe d an Assistant Secretary 00 <rPJ certification d!he conedness of a copy d an instrument exeaAed by the PIesident or a VJce-President pursuant to Article VII, Section 1, d the By-Laws appoir tiJ IQ and authorizing an attorney-in-fact Ð sign in the name and 00 behalf of the Company surety bonds, underwñting undertakings or other instrumen1s -- · .., ..- VI, """"" 1, "'" ,.. 9~ ... "'" """ ........ .... ..... "'"""" ...., "'" -- - · """"""" "'" approved." I~~~~~~~,~ nd~'~~~~~m ~ ~ . Secretary To verify the authenticity of this Power of Attorney, call 1-800-421-3880 and ask for the Power of Attorney clerk. Please refer to the Certificate of Authority number, the above-named individuals and the details of the bond to which the power is attached. 83423 (9-98) Printed in USA ~ ~ 'W RECLAMATION BOND Bond #346117 Dickerson Florida, Inc. KNOW ALL MEN BY THESE PRESENTS: That we, P.O. Drawer 719, Stuart, FL 34995 are SeaboarQ Surety COdmpadnY06 Burnt M11ls Rd an R Z , Bedminster, N) 07921 to hereinafter called the Principal and Surety, Board of County Commissioners of St Lucie Cpu1àfè' ,a§Tent for various property owners, hereinafter call~d the hereinafter called Thirty-Five Thousand and 00/100 Dollars ($35,000.00 ). The liability held and firmly bound the Obligee, in the sum of of the Surety under this Bond for all.' defaults and obligations of the Principal shall not exceed the total of the penal sum of the bond herinabove set out plus costs and attorneys' fees incurred in the payment and collection Board of County Commissioners of St Lucie County, FL of this bond to be paid to , as Obligee, on condition that s h a 1 I restore Dickerson Florida, Inc. the pro per tie s as Principal, located a t Indrio Pit - track 2 (mining permit for maintaining borrow pit), a parcel of land lying 9 Lucie COUY;lty, 1:L_ in Section 7 and Section 18, Township- 34 South, Range 3 East, St. to thelrorlglnal condition as when construction was initiated at said location, then this obligation shall be void; otherwise this obligation shall remain in full force and effect. The Surety reserves the right to cancel the Bond by giving thirty (30) days notice in writing to the Obligee. SIGNED THIS 19th DAY OF , (Pri'I1cipal) /I, ~/XJYrw~ BY: ~i1tèss ~~~ BY: January 1999 ttorney-i -fact Licensed Resident Agent '-" ...""" 1976 Certified Copy SEABOARD SURETY CDMPANYe No. 15465 POWER OF ATTORNEY KNow AU. MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New Vori<, has made, constituted and appointed and by these presents does make. constitute and appoint James M. Moore or E. J. O'Mara or Peter A. Thomson or Pat E. White or Eileen C. Heard " of Tampa, Florida its true and lawful Attomey-in-Fact, to make, execute and deliver on its behalf insurance policies, 'surety bonds, undertakings and other instruments of similar nature as follows: Without Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes,' when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confinned. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and induding January 15,1982 and are still in full force and effect: ARTICLE VII, SECTION 1: "Policies, bonds, recognizances, stipulations, COIISeI1tS of surety, underwriting undertakings and instruments relating thereto. Insurance policies, bonds, reoognizances, s1ipuIations, consents of surety anc:t underwriting Ullderlakings of !he Company, anc:t releases, agreements anc:t 0Ö1er writings relating in any way 1hereto orto any claim or toss !hereunder, shall be signed in 1he name and on behalf of 1he Company (a) by !he Chairman o/Ihe BoaId, tie President, a VICe-President or a Resident VICe-President and by !he Secretary, an Assistant Secretary, a Resident SecrwlIY or a Resident Assistant SecretaIy; or (b) by an Attorney-in-Fact for 1he Company appoin1ed and authorized by the Chairman o/!he Board, Ihe President or a Vœ-President to make such signature; or (c) by such other officers or representatives as 1he Board may from 1ime to time determine. The seal o/1he Company shall if appropriate be affixed thereto by any such offi~r, . act or representative." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused nts to be signed by one of its Vice-Presidents, and its corporate seal to be hereunto affixed and duly attested by one o~; istant Secretaries, this......?~.~.~.............................. day of .....5.e.p.tember......., 19 .9.8...... ,,'b ~. S) !~t: Attest:~ .~. ~y:.... ."" "''''¡~;J!.DMETYfo¡rI\ ~~~ ~/ J ,0 .,'-j\2 Byt7vAl') ___ "'I'Qç.t""'~ (Seal). ~..:... ~rŸ -\~).. ~ .. ...~Q~ äë "B':"Ké'é'g'äii'" ·........v.;;;p~· ~rp ~. ~9~ STATE OF MARYLAND ss. : ~i.0.'t-~ COUNTY OF BALTIMORE . ~ ~.i(:::~ On this .......ZJ.:'ìL.................. day of ....O..Jm!~H1J?~.K.:'\........................., 19 ..~~....., before me personally appeared ................J:U..C.h¡3,d...~.....:{Ç~~g¡:m..........~............. . ~........ a Vice-President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, who, being by me duly sw " that he resides in the State of ....~};'y.+.ç..~~....................................; that he is a Vice-President of SEABOARD S PANY, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of th' said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice-President of said Company by like authority. (Seal) º ~..::v ~.::.~ of - j,j(./J:X,Ø,uuu'!,,u t£!,Y: ,:: M",u ~~ My Commission Expires August 1,2002 r!..).: (.~~ Public CERTIFICATE I, !he undersigned Assistant Secretary of SEABOARD SURElY COMPANY do hereby certify !hat the original Power of Attorney of which 1he foregoing is a fuR, tnJe and c::orrect copy, is in fuI fon:e and effect on !he dale of 1his Certificate and I do further certify !hat 1he Vœ-President who ecearted 1he said Power of AItomey was me of 1he Officers autIorized by 1he Board of Directors t> appoint 8'1 attomey-in-fact as provided in Article VII, Sedion 1, of 1he By-Laws á SEABOARD SURETY COMPANY. This Certificate may be signed and sealed by facsimile under and by aJthority of 1he following resolution of !he Executive Committee c:A !he Board á Directors of SEABOARD SURETY COMPANY atameetirg dUycalledæd hek:I on tie 251h day of March 1970. "'RESOLVED: (2) That tie use of a printed facsimile of 1he corpaate seal c:A !he Company a1d of !he signature of 8'1 Assistant Secretary a1 any œrtification c:A 1he conectness c:A a copy of an instrument eceaèd by 1he President or a VICe-President pursuant to Article VII, Section 1, of 1he By-Laws appointing and authorizing an attomey.irHad t> sign in !he name a1d a'I behalf of 1he Company SUtety bonds, underwriting oodertakings or oCher instruments described in said Article VII, Section 1, with like efIect as if such seal anc:t such signature had been manually affixed anc:t made, heÆby is authorized ën:I approved." I:S~;~~'~~~~'~~;~f ~~.~ ha ~ 1927 i ~ -¥ ~ ~"'l'..,~ ,-..~,~~~~~~,~~~", . ~;~. Secretary .. To verify the authenticity of this Power of Attomey, call 1-800-421-3880 and ask for the Power of Attorney cieri<. Please refer to the Certificate of Authority number, the above-named individuals and the details of the bond to which the power is attached. 83423 (9-98) Printed in USA " '-' RlVER~DE NATIONAiCTBANK ...." ill MAY - 8 1991 ill 2211 Okeechobee Road P.O. Box 370 Fort Pierce, Florida 34954-0370 (407) 466-1200 Œ@rnn\'ll~ Effective Date: May 2, 1997 Expiration Date: December 17, 2017 ENGINEERING Letter of Credit #166 Letter of Credit Amount $35,000.00 Board of County Commissioners of St. Lucie County, Florida 2300 Virginia Avenue Ft. Pierce, FL 34982 We hereby establish our irrevocable letter of credit in favor of St. Lucie County for the account of Strazzulla Bros. Co., Inc., a Florida corporation, who's office is P.O. Box 3152, Ft. Pierce, FL 34948, and its assigns, executors, administrators, successors or transfers, up to an aggregate amount of $35,000.00 (Thirty Five Thousand Dollars) available upon the presentation of your sight draft(s) drawn on Riverside National Bank, and accompanied by the following documents: 1. A signed statement by the Chairman of the St. Lucie County Board of County Commissioners certifying and in ratification offonnal Board action (inclusive of a majority vote) on the declared default, without prejudice, and after no less than 30 days written notice of Strazzulla Bros. Co., Inc. failure to fully execute and comply with the specific mining conditions and activities as set forth in that mining permit as issued by St. Lucie County on December 17, 1996 and expiring on Decemberl7, 2017, as the permit relates to activities in Tract 2 ås described in that certain mining plan dated October, 1996 as prepared by Lindahl, Browning, Ferrari and Hellstrom, Inc. Drafts drawn under this letter of credit must be marked, "Drawn under Riverside National Bank of Florida Letter of Credit # 166 dated May 2, 1997" and presented at the offices of Riverside National Bank no later than December 17, 2017 at 3:00 p.m. The original fully executed Letter of Credit must be presented for proper endorsement. We hereby undertake that drafts drawn in compliance with the terms of this credit will be honored by us when presented within validity of the credit. This Letter of Credit is now subject to the "Uniform Customs and Practices for Documentary Credits", International Chamber of Commerce Publication No. 400, 1993 Revision, including any subsequent revisions thereof approved and in effect on the date of the issuance of this Letter of Credit. .------~ Sincerely, / "\ % ~~ Láwrence A McGrath /"Senior Vice President / ·~~e~ R L. O'Neal . Senior Vice President PLB/ksc 17 With Offices to Serve You in . . . . . Fort Pierce - Port St. Lucie - Lakewood Park - Vera Beach Member F.D.I.C. '-'" ...""", RIVER~DE NATIONÂi CT BANK 2211 Okeechobee Road P.O. Box 370 Fort Pierce, Florida 34954-0370 (407) 466-1200 jõ) ~ @ ~ il 'YJŒ m lill MAY - 8 1997 ~ I ENGI~jEER!NG Effective Date: May 2, 1997 Expiration Date: December 17,2017 Letter of Credit #145 Letter of Credit Amount $35,000.00 Board of County Commissioners of S1. Lucie County, Florida 2300 Virginia Avenue F1. Pierce, FL 34982 ~ We hereby establish our irrevocable letter of credit in favor of S1. Lucie County for the account of Strazzulla Bros. Co., Inc., a Florida corporation, who's office is P.O. Box 3152, F1. Pierce, FL 34948, and its assigns, executors, administrators, successors or transfers, up to an aggregate amount of $35,000.00 (Thirty Five Thousand Dollars) available upon the presentation of your sight draft(s) drawn on Riverside National Bank, and accompanied by the follo\ving documents: 1. A signed statement by the Chairman of the St. Lucie County Board of County Commissioners certifying and in ratification of formal Board acúon (inclusive of a majority vote) on the declared default, \vithout prejudice, and after no less than 30 days written notice of Strazzulla Bros. Co., Inc. failure to fully execute and comply with the specific mining conditions and activities as set forth in that mining permit as issued by S1. Lucie County on December 17, 1996 and expiring on December 17, 2017, as the permit relates to activities in Tract 1 as described in that certain mining plan dated October, 1996 as prepared by Lindalù, Brovvlling, Ferrari and Hellstrom, Inc. Drafts drawn under this letter of credit must be marked, "Dra\vn under Riverside National Bank of Florida Letter of Credit # 145 dated May 2, 1997" and presented at the offices of Riverside National Bank no later than December 17, 2017 at 3 :00 p.m. The original fully executed Letter of Credit must be presented for proper endorsement. We hereby undertake that drafts drawn in c:Jmp!i:mce with the terms of this credit wiIJ be honored by us when presented within yalidity of the credit. This Letter of Credit is now subject to the "Uniform Customs and Practices for Documentary Credits", International Chamber of Commerce Publication No. 400, 1993 Revision, including any subsequent revisions thereof approved and in effect on the date of the issuance of this Letter of Credit. Sincerely, /// / 7········,,~ Liwrence A. McGrath /Senior Vice President ./ ~~~~ R.L.O'Neal Senior Vice President PLB/ksc 17 With Offices to Serve You in . . . . . Fort Pierce - Port St. Lucie - Lakewood Park - Vero Beach Member F.D.I.C. " "," ~ AGENDA REQUEST ..." ITEM NO. C~"R DATE: October 19,1999 TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ADMINISTRATION REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: Douglas Anderson $UBJECT: St. Lucie County Fairgrounds Site Development Plans at Midway Road and Okeechobeè Road (SR 70) E)ACKGROUND: At the request of the Fairgrounds Association. Kimtey-Hom and Associates, Inc., prepared a cost estimate for the development of Phase I of the 5t. Lucie County Fairgrounds (see attached copy). A preliminary design was prepared, including onsåte water and sewer treatment plants, stormvYater retention facilities, and a paving plan. Funds will be reimbursed by the Fairgrounds Assoc. FUNDS AVAIL.: Funds will be made available in Account No. 001·1900-369930-100 per the attached Budget Resolution No. 99-244 . PREVIOUS ACTION: nla RECOM~ENDATION: Approval of the attached Work Authorization No.4 with Kimley-Hom and Associates, Inc., in the amount of $3,507.00 for preliminary design of Phase I of the 5t. Lucie County Fairgrounds Site Development and execution by the Chairman and approval of the attached Budget Resolution . COMM~SSION ACTION: bd APPROVED [ ] OTHER: [ ) DENIED .---. u as Anderson County Administrator ~ (]Mgt. & [)Co. enø¡fl" )\~~ . ( [ )purchasing [ lather ( ¡County A'tt.ornffy, Jr ( )0rigInat1ng Dept. Public Works ( )Flnance (check for copy only, if applicable) r.lr4lag.wpd '-" ...,." . RESOLUTION NO. 99-244 WHEREAS, subsequent to the adoptioo d the St. Lucie County Board ct County Commissioners Budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of anticipated reimbursement from the St. Lucie County Fair Association for engineering work associated with the new fairgrounds. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW. THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 19th day of October, 1999, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 1998-99, and the County's budget is hereby amended as follows: R~VENUe$ 001-190~993~100 Reimbursements $3,507 APPRQPRIATIQNS 001-1900-531000-100 Professional Services $3,507 After motion and second the vote on this resolution was as follows: Chairman Paula A. Lewis AYE VICe Chail1T18n John D. Bruhn AYE Commissioner Cliff Barnes AYE Commissioner Frannie Hutchinson AYE CommissiOner Doug Coward AYE PASSED AND DUL V ADOPTED THIS 19th DAY OF OCTOBER, 1999. (".\'U11'Nrw'·'iUfllZ\~øo.. .,IIA -.-.vI ~ ATtEST: ".\'\1INfV\\1 'q\~øo.. ''-4.< ".... \..t BOARD OF COUNTY eóMMlSSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ~ w WORK AUTHORIZATION NO.4 ENGINEERING SERVICES RELATED TO ST. LUCIE COUNTY FAIRGROUNDS ROADWAY AND INTERSECI'ION DESIGN C98-03-428 Pursuant to that certain Agreement Between County and Engineer for St. Lucie County Fairgrounds Roadway and Intersection Design (the "Agreement") between St. Lucie County (the "County") and Kimley-Hom and Associates, Inc., (The "Engineer") dated March 10, 1998, the Engineer agrees to provide the Scope of Services descnòed in Exhibit A, for the Compensation described in Exhibit B. All services provided under this Work Authorization shall be completed according to the schedule descnòed in Ex1nòit 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. ArrEST: BOARD OF COUN'IY COMMISSIONERS ST. LUCIE COUN'IY, FWRIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECfNESS: COUNTY ATfORNEY WITNESSES: Þrn~f-~ (~~ ENGINEER BY: -ti! 'i), llulL Print' '~: JEfF ~, 1'1" LL, ç Kimley-Horn and Associates, Inc. Date: b'·"2. - 9'7 ~=n ~ -..",¡I Kimley-Horn and Associates, Inc. EXHIBIT "A" SCOPE OF SERVICES Task 1 - Preparation of Preliminary Cost Estimate We will meet with County officials to discuss the conceptual plan for phase construction of the proposed fairgrounds as prepared by Bullock Smith and Partners. We will meet with the County's utility consultant (Masteller and Moller) to acquire opinion of cost for water and sewer supply on the site. We will develop a conceptual master drainage plan to better estimate the quantity of storm water drainage pipe and inlets needed for the project. We will estimate quantities based on the Bullock Smith and Partners conceptual plan and the Kimley-Hom conceptual drainage plan. Based on the quantity take offs, preliminary cost of the building/structures provided by Bullock Smith and Partners, and water and sewer plant cost provided by Masteller and Moller, we will prepare a preliminary opinion of cost for construction of Phase I of the fairgrounds. ~=r~ '-" ..." Kimley-Horn and Associates, Inc. Exhibit "B" FEE We will accomplish the service outlined in Task 1 for the lump sum fee of $3,507 inclusive of expenses. Task Fee Task 1 - Preparation of Cost Estimate $3,507 Total Fee $3,507 , . ~-n ......... _ ru ~ '-" ..." Kimley-Horn and Associates, Inc. Exhibit "C" SCHEDULE The schedule for the work as described in Task 1 will be set by the County. '-' .."", AGENDA REQUEST ITEM NO. C-6B DATE 10/19/99 REGULAR [ PUBLIC HEARING CONSENT [XX ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Administration Douqlas M. Anderson SUBJECT: Board of Adjustment BACKGROUND: On October 12, 1999, the Board of County Commissioners appointed William Hearn to the Planning and Zoning Commission, thus requiring him to resign from the Board of Adjustment. Mr. Hearn submitted his letter of resignation to Commissioner Coward on October 12,1999. This request has been scheduled to ratify Commissioner Coward's appointment of James Fowler to the Board of Adjustment. FUNDS AVAIL. : PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the board ratify Commissioner Coward's appointment of James Fowler to serve on the Board of Adjustment. [ X ] [ ] APPROVED OTHER: DENIED COMMISSION ACTION: Review and Approvals County Attorney: Management & Budget purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 ... . .. 10-12-99 14:54 fi '-' ------ 151 00 1 ....", H<£S\RN October 12, 1999 /J r fn IV II~ ~CV~~/ C · ?pIP // 1\ ~f Commi.ssioncr Doug Coward Saint Lucie County 2300 Virginia Avenue Fort Pierce; FL 34982 Rð: Rcsignation from Board of Adjustment Dear Doug: As you are aware, today I was appointed to serve on the Planning and Zoning Board and am required to resign as your appointment to the Board of Adjustment. PleB8c accept this letter as my resignation. J would like to take this opportunity to thank you for the confidence YOll placed in me as your representative on the Board of Adjustment. The knowledge gained in that pOB1tion win be of great value on the Planning and Zoning Board. 1 also would like to thank you for your vote of confidence to the Planning and Zoning Board. I will certainly strive to be a good member and to help make 81. Lucie County a most desirable place to live, work and play. Again, my sincerest thanks, ~ Bill Hearn ; ; )L- @C ŒJè..ll Œ Y '\ : .-..-._~ ~. - I' ; iij ocr I 2 /999 ! '------ 'U L_ ce. ;,~ ------.. '. c-..-.~_ ~.--...._~ 5OS1 Tozour Road. Fort Pierce, Flori.da 34946 · (561) 461-7527 · fax (561) 468--8688 ~CT-22-98 02:28 PM FOWLER 561 562 0963 P.02 ~ -~- :4. '-' w JAMES A. FOWLER Land Surveying Company THE BOUNDARY HUNTER Mr. Ray W3ZllY COffinlWlity DcvdoprncHt Director Sl T ,ucie County, Horid.t Fax# 5Gl~462-J735 October 22, 1998 Dear Mr. Wa:Lny, I WOUld 111<.<: [0 apply for a poslúon on the planning and zoning commission My name ì!l James Fowler, I am 51 'ycars old and have been a I'clÚdc::n1 of St. r .ucic County Jilf fc)rl~' years. The followin8 is a shOI1 resume: Personal : -M'IJTicd to Carol, Kínd~1'gartcn lC3Chl.-r, for 28 years. ·3 son:; . Amln.:w, Brian and Jeremy -Elder at Indian River Prcsb}1crian chur~h -Home addres8: 11295 Muller Road P~rsonal References: -Dr. Sam RutJand, I.R.P.C. -Harord Mdvilk, P. A -Judge Frank Lynch -Ex-Commisioncr Dermy Green -Ex-Commisioncr Judy Cu1pcppcr -Dr. Jack Maxwell, Dcan TRee -Viclnnm Veteran, Bronze;: Star ... OC:;;:--22-98 02: 28 PM FOWL.'" '-" 561 567 0963 P.03 w Prufcs~iorud: J JC(,..1¡licd ProfcSEliomd SUlvcyor and Mapper for 20 years. Owned private business for 20 years. Past Prcsidc:nt of J .ocal Surveying Socicty Past instructor at Indian River CommuIÙty College. Authur of Published J!rofcssion..lI Articles Professional Rcfercncc;;s; Dick HclMwffi, L.B..F.H. Brett Culpt.1pper, (Culpcp¡x:r & Terpening) James Kirby, P.S.M. J would tile to he a ~(>n1mis.c:i(mer to aive hack a little to the crnmnunil\o 1 Q1"CW UfI in and raised my childl"ÇJ1 in. I bcJjçye I çan ~~(; both sidcs of .PIa lining and Zoning issues, beu1g in i:I busincs!S dependent on growth, but also rcrncmbcrUlg how good St. T .u¡,;ic County was when I was a kid. Thank you for your time and consideration. Sincerely, \.\cd(J~7~~ gmt;1i A. Fowler, P.S.M. ....,. AGENDA REQUEST ITEr! NO. C '" 1 If DATE: October 19, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney James W. Lancaster Assistant County Attorney SUBJECT: Permission to Advertise Request for Proposals for Collection Service for Delinquent Court Fines BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board of County Commissioners approve advertising the attached RFP for delinquent court fines. County Attorney: .91/ I Purchasing: [ß COMMISSION ACTION: [x* APPROVED [] DENIED [ ] OTHER: Management & Budg Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eft. 5/96 " "" ...,¡ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: James W. Lancaster, Assistant County Attorney C.A. NO: 99-1403 DATE: October 11, 1999 SUBJECT: permission to Advertise Request for Proposals for Collection Service for Delinquent Court Fines BACKGROUND: Attached to this memorandum is a request for proposals for a collection service for delinquent court fines. The successful Proposer will provide collection services of court-related financial obligations pursuant to Section 938.35, Florida Statutes (copy attached). The Clerk of Court will make all relevant records and files available, however, the successful Proposer will be expected to provide a "turnkey" collection service with minimal support from either the County or Clerk of Court staff. The intent at this time is to use the service to collect delinquent traffic violation fines. Depending on the success of this effort, however, the terms of the RFP allow the County to expand the service to all court related financial obligations as allowed under FS 938.35. This statute allows the collection agencies or law firms to add costs and reasonable attorney's fees to the fines but in an amount not to exceed 40% of the fine. County staff has contacted surrounding counties regarding their use of collection services. The programs are fairly new, however, Indian River and Palm Beach counties both have implemented collection services and are pleased with it thus far. Martin County intends to begin with a collection service in the near future. Okeechobee County does not intend to use a service at this time. Among the larger counties, Broward and Miami-Dade counties both use -1- ~ ...." collection services. The Clerk of Court for St. Lucie County supports the use of a collection service. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve advertising the attached RFP for delinquent court fines. Respectfully submitted ~~nc~ Assistant County Attorney JWL/ Attachment Copies To: Staff Concurring Clerk of Court Clerk Secretary Press Public -2- Ch. 938 COURT COSTS F.S. 1999 -- (13) Court-imposed financial obligations arising from criminal cases which are past due, and which have been reduced to judgment by the court, may be referred by the county commission to a collection agent who is registered and in good standing pursuant to chapter 559 or a private attorney. Such referrals must be made in accordance with established bid practices. (14) The provisions of this section may be used in addition to, or in lieu of, other provisions of law for enforcing payment of court-imposed financial obliga- tions in criminal cases. The court may enter any orders necessary to carry out the purposes of this section. History.-s. 4. ch. 98-247; s. 1. ch. 99-266. 938.301 Judicial oversight and jurisdiction.- The Comprehensive Court Enforcement Program may be implemented as supplementary proceedings in any judicial circuit by the chief judge of that circuit. Judges in such circuits shall have jurisdiction to carry out the provisions of this act in criminal cases to ensure compli- ance with court-imposed financial obligations. History.-s. 3. ch. 98-247. PART V MISCELLANEOUS PROVISIONS i I I i \ i i I 938.31 Incorporation by reference. 938.35 Co~lection of court-related financial obliga. tlons. 938.31 Incorporation by reference.- The purpose of this chapter is to facilitate uniform imposition and col. lection of court costs throughout the state and, to this end, a reference to this chapter, or to any section or subdivision within this chapter, constitutes a general reference under the doctrine of incorporation by refer. ence. History.-s. 24, ch. 97-271. 938.35 Collection of court-related financial obliga. tions.-Any provision of law notwithstanding, a county may pursue the collection of any fines, court costs, or other costs imposed by the court which remain unpaid for 90 days or more, or refer such collection to a private attorney who is a member in good standing of The Flor. ida Bar or collection agent who is registered and in good standing pursuant to chapter 559. In pursuing the collection of such unpaid financial obligations through a private attorney or collection agent, the governing body of the county must determine that such collection is cost-effective and the county must follow applicable procurement practices. The costs of collection, includ· ing a reasonable attorney's fee, may be recovered, except that such fees and costs of collection may not exceed 40 percent of the total fines and costs owed. History.-s. 1, ch. 98-84. f.S. 1999 -- 939.02 Costs 939.03 Execu 939.04 Execu 939.05 Insolvl mer 939.06 Acquit I 939.07 Pay of 939.08 Costs befe 939.09 Sheriff 939.10 Duty 0 939.11 Unnee not t 939.12 Cost a 939.13 Power 939.14 Count~ mati 939.15 Costs 939.17 Applic. 939.18 Asses: facili 939.02 Cost costs accruing t taxed against th recognizance. History.-s. 3, ch. 1( 939.03 Exec capital cases th entered up aga when taxed by required by law t cution, shall hav levied upon an~ state. If the she the clerk and r property cannot state in the af exhausting all tl ance unpaid thE 10 law and such 1reasury. HÍltory.-s. 7, ch. 1, 939.04 Exec cases less than Idjudged to pa~ PI'ovided for the ltiatory._s. 5, ch. 21 939.05 Inso ~rnent of cost appears from ~~on convictel JUdgment ha ~court before I&..~arge him 0 " ;:ury ·-5. 2 ch. 76 . '''102. ' 1460 '-' ,.., REQUEST FOR PROPOSALS COLLECTION SERVICES FOR COURT RELATED FINANCIAL OBLIGATIONS RFP No. Board of County Commissioners St. Lucie County, Florida 2300 Virginia Avenue Fort Pierce, Florida 34982 '-" Part I 1-1 1-2 1-3 1-4 1-5 1-6 1-7 1-8 1-9 1-10 1-11 1-12 1-13 1-14 1-15 1-16 1-17 Part II 2-1 Part III 3-1 3-2 Part IV 4-1 "'ell Table of Contents General Information Definitions Purpose Issuing Office Invitation to Propose Awards Development Costs Inquiries Site Visitations Timetables Delays Proposal Submission and Withdrawal Rejection of Irregular Proposals Addenda Equal Opportunity Oral Presentation Insurance Lobbyist Disclosure Statement of Work Scope of Work Instructions for Preparing Proposals Rules for Proposals Proposal Format Evaluation of Proposals Evaluation Method and Criteria -l- '-' ..., GENERAL INFORMATION PART I 1-1 DEFINITIONS For the purposes of shall mean contractors, firms, or other persons Proposals. this Request for Proposals (RFP), Proposer consultants, respondents¡ organizations, submitting a response to this Request for 1-2 PURPOSE This RFP provides guidelines for the submission of proposals to provide collection services for court-related services pursuant to Section 938.35, Florida Statutes. 1-3 ISSUING OFFICE AND LOCATION OF PROPOSAL OPENING St. Lucie County Purchasing Department 2300 Virginia Avenue Fort Pierce, Florida 34982 1-4 INVITATION TO PROPOSE The Board of County Commissioners¡ St. Lucie County, Florida (the "County") solicits proposals from responsible Proposers to provide collection services for court-related services pursuant to Section 938.35, Florida Statutes. 1- 5 CONTRACT AWARDS The County anticipates entering into a contract with the Proposer who submits the proposal judged by the County to be most advantageous. The County anticipates awarding one contract, but reserves the right to award more than one if in the County's best interest. The Proposer understands that this RFP does not constitute an agreement, a contract or a lease with the Proposer. An official contract, agreement or lease is not binding until proposals are reviewed and accepted by the Board of County Commissioners. Page -1- '-" ..., The County reserves the right to rej ect all proposals, to waive any informalities, and to solicit and re-advertise for other proposals. 1-6 DEVELOPMENT COSTS Neither the County nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this RFP. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFP. 1-7 INOUIRIES The County will not respond to oral inquiries. submit written inquiries for interpretation of this Bicht, Sr., St. Lucie County Purchasing Director, Avenue, Fort Pierce, Florida, 34952. Proposers may RFP to Charles 2300 Virginia The County will record its responses to inquiries and any supplemental instructions in the form of a written addenda. If addenda are issued, the County will mail written addenda at least five (5) working days before the date fixed for receiving the proposals. This will be adhered to even if the opening date must be postponed in order to observe the time requirements. The County will send written addenda to all Proposers who receive the RFP. 1-8 SITE VISITATIONS Any Proposer desiring to review the Clerk's records should contact XXX at (561) XXX to arrange a site visitation. These visitations should be done in sufficient time to allow Proposer to meet the Proposal submission deadline. 1-9 TIMETABLES The County and the Proposers shall adhere to the following schedule in all actions concerning this RFP. A. On XXX, the County issues the RFP. B. From XXX to XXX, the County will receive and answer inquiries received by mail. Page -2- '-' .." C. The County must receive the proposals by 5:00 PM on XXX. D. From opening time, the County will review and evaluate the proposals on a timely basis. E. The County may enter into a contract negotiations and obtaining appropriate approvals. notify unsuccessful Proposers at this time. after conducting The County will 1-10 DELAYS The County may delay scheduled due dates if it is to the advantage of the County. The County will notify Proposers of all changes in scheduled due dates by written addenda. 1-11 PROPOSAL SUBMISSION AND WITHDRAWAL The County will receive proposals at the following address: St. Lucie County Purchasing Department 2300 Virginia Avenue Fort Pierce, Florida 34982 To facilitate processing, please mark the outside of the envelope as follows: IIDELINQUENT FINES COLLECTION SERVICEII. The envelope shall also include the Proposer's return address. Proposers shall submit ten (10) copies of sealed, opaque envelope marked as noted above. submit the proposal in person or by mail. the proposal in a The Proposer may THE COUNTY MUST RECEIVE ALL PROPOSALS BY 5:00 PM ON XXX. Due to the irregularity of mail service, the County cautions Proposers to assure actual delivery of proposals to the County prior to the deadline set for receiving proposals. Telephone confirmation of timely receipt of the proposal may be made by calling (561) 468-1700 before proposal opening time. Proposals received after the established deadline will be returned unopened to the Proposer. Proposers may withdraw their proposals by notifying the County in writing at any time prior to the opening. Proposers may Page -3- ~ ~ withdraw their proposals in person or through an authorized representative. Proposers and authorized representatives must disclose their identify and provide a signed receipt for the proposal. Proposals, once opened, become the property of the County and will not be returned to the Proposers. Upon opening, proposals become "public records" and shall be subject to public disclosure in accordance with Chapter 119, Florida Statutes. 1-12 REJECTION OF IRREGULAR PROPOSALS Proposals not meeting stated minimum terms and qualifications may be rejected by the County as non-responsive or irregular. The County reserves the right to waive any irregularities, technicalities or informalities in any proposal, and to reject any or all proposals without cause. The County reserves the right to reject the Proposal of any Proposer in arrears or in default upon any debt or contract to the Board of County Commissioners of St. Lucie County or who have failed to perform faithfully any previous contract with the County or with other governmental jurisdictions. 1-13 ADDENDA If revisions become necessary, the County will provide written addenda at least five (5) days prior to the opening date to all Proposers who receive the RFP. This will be adhered to even if the opening date must be postponed in order to observe the time requirements. 1-14 EOUAL OPPORTUNITY The County recognizes fair and open competition as a basic tenet of public procurement and encourages participation by minority and women business enterprises. The County requests minority and women business enterprises to submit evidence of such classification with their proposals. 1-15 ORAL PRESENTATION At their discretion, the County may require any Proposer to make an oral presentation of the proposal. These presentations provide an opportunity for the Proposer to clarify the proposal for the County. The County will schedule any such presentations. Page -4- '-" ...., 1-16 INSURANCE The Proposer, if awarded a contract or lease, shall maintain insurance coverage reflecting the minimum amounts and conditions required by the County. 1-17 LOBBYIST DISCLOSURE REOUIREMENT Pursuant to Section 1-2-47 of the Code of Ordinances of St. Lucie County, Florida, any professional consultant who utilizes the services of a lobbyist as defined in Section 1-2-46 is required to make full disclosure with the Clerk of the Board prior or concurrently with the submission of a proposal to the Board for the performance of any services for the Board. Such disclosure shall include the following: A. The name of any lobbyist employed directly or indirectly by the consultant for the purpose of influencing or attempting to influence the selection of the professional consultant by the Board. B. The name and address of the lobbyist. C. The length of such agreement, contract or understanding and the amount of any fee, gratuity, compensation or consideration paid or promised to be paid to the lobbyist either before or after hiring whether or not same is set out as compensation for the lobbying or is for other services. The disclosure shall be filed with the Clerk on forms provided by the Board and such records shall be open to the public. Page -5- ~ ...." STATEMENT OF WORK PART II 2-1 SCOPE OF WORK The successful Proposer shall provide collection services of court-related financial obligations pursuant to Section 938.35, Florida Statutes. A copy of Section 938.35 is attached. Initially, the County expects to award a contract(s) for the collection of delinquent traffic fines. However, the County reserves the right to award a contract for other court-related financial obligations if the County determines that it is in its best interest to do so. While the Clerk of Court will make all relevant records and files available, the successful Proposal will be expected to provide a "turnkey" collection service with minimal support from either the County or the Clerk of Court staff. Page -6- '-' .."", INSTRUCTIONS FOR PREPARING PROPOSALS PART III 3-1 RULES FOR PROPOSALS The proposal must name the proposal as principals. made without collusion with a proposal pursuant to this all persons or entities interested in The proposal must declare that it is any other person or entity submitting RFP. 3-2 PROPOSAL FORMAT Proposers shall prepare their proposals using the following format: A. Letter of Transmittal This letter will summarize in a brief and concise manner, the Proposer's understanding of the Scope of Work and make a positive commitment to promote events and concerts. The letter must name all of the persons authorized to make representations for the Proposer, including the titles, addresses, and telephone numbers of such persons. An official authorized to negotiate for the Proposer must sign the Letter of Transmittal. B. Organization Profile and Oualifications This section of the proposal must describe the Proposer, including the size, range of activities, etc. Each Proposer must be authorized to do business in the State of Florida and, if a corporation, must be incorporated under the laws of one of the States of the United States, proof of same must be provided. The Proposer must emphasize its expertise in, and experience with similar programs. The proposal must identify the primary individuals responsible for supervising the work. The Proposer shall provide the County with the resumes of the primary individuals. The proposals must also include recent and pertinent references, including bank references, contact name, telephone number and address. C. Scope of Work This section of the proposal explain the Scope of Work as understood by the proposer and the approach, activities and work products to include but limited to the following: should detail not be Page -7- '-" ...." 1. Methods to be used for collection. 2. Amount of collection fee. D. Additional Data Any additional information which the proposer considers pertinent for consideration should be included in a separate section of the proposal. Page -8- '-" ....., EVALUATION OF PROPOSALS Part IV 4-1 EVALUATION METHOD AND CRITERIA A. General The County shall be the sole judge of its own best interests, the proposal, and the resulting negotiated agreement. The County reserves the right to investigate the financial capability, reputation, integrity, skill, business experience and quality of performance under similar operations of each Proposer making an award. Awards, if any, will be based on both an objective and subjective comparison of Proposals and Proposers. The County's decisions will be final. The County's evaluation criteria will include, but shall not be limited to, consideration of the following: 1. verification of availability of equipment; 2. verification of availability of qualified personnel; 3. past performance records; 4. ability to meet set standards; 5. qualifications of the firm; 6. expertise of human resources; 7. technical soundness of proposal; 8. time frames; 9. past contracts with the County; 10. related experience in St. Lucie County; 11. references; 12. financial resources and capabilities; 13. amount proposed as collection fee. B. Selection Following the opening of proposals, the proposals will be reviewed by a committee appointed by the County Administrator. The staff may schedule interviews with qualified Proposers. The recommendations of the Committee as to the award of proposals will be submitted for approval to the Board of County Commissioners. The Board may request a workshop session to review Page -9- '-' 'W the recommendations prior workshop, the Board may meritorious Proposers. to any formal Board action. At the schedule interviews with the most During said interviews, each Proposer will be given an opportunity to explain and elaborate its services. However, these meetings are for elaboration of submitted information. New proposals or material changes to original proposals will not be allowed. If the Board determines that the County is unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price the Board determines to be fair, competitive and reasonable, negotiations with the firm shall be formally terminated. The Board shall then direct staff to undertake negotiations with the second most qualified firm. The Board of County Commissioners reserves the right to waive any irregularities and reserves the right to reject any and all proposals for any reason whatsoever. C:\JWL\DOCS\RFP-CLERK_COLLECTION-99.WPD Page -10- 1"'1 '--' AGENDA REQUEST ...., ITEM NO. C/1b DATE: October 19, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Civil Traffic Infraction Hearing Officer Program - Ordinance No. 99-27 - Permission to Advertise BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board grant permission to advertise Ordinance No. 99-27 as drafted. [Xl APPROVED [] DENIED [ ] OTHER: D ug sAnderson Cou ty Administrator COMMISSION ACTION: (J:r Review and Apurovals County Attorney: Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eft. 5/96 '-' ,.." INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. Mcintyre, County Attorney C.A. NO. 99-1404 DATE: October 11, 1999 SUBJECT: Civil Traffic Infraction Hearing Officer Program - Ordinance No. 99-27 - Permission to Advertise ------------------------------------------ ------------------------------------------ BACKGROUND: On October 1, 1999, the Chief Judge for the Nineteenth Judicial Circuit issued Administrative Orders 99-09 and 99-10 establishing a Civil Traffic Infraction Hearing Officer Program for St. Lucie County (copies of Orders are attached). Pursuant to Administrative Order 99-10, the County is required to create a Civil Traffic Infraction Fund effective November 1, 1999. In this regard, attached to this memorandum is draft Ordinance No. 99-27 which, if adopted, would create a Civil Traffic Infraction Fund. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board grant permission to advertise Ordinance No. 99-27, as drafted. DSM/caf Attachments '-' ...." ORDINANCE NO. 99-27 AN ORDINANCE AMENDING ARTICLE I (IN GENERAL) OF CHAPTER '-7 (COURTS) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES TO PROVIDE FOR THE ESTABLISHMENT OF A CIVIL TRAFFIC INFRACTION FUND; FURTHER PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR 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. Sections 318.30 - 318.38, Florida Statutes, and Rule 6.630 of the Florida Rules of Traffic Court, provide for the establishment of a Civil Traffic Infraction Hearing Officer Program. 2. The Chief Judge for the Nineteenth Judicial Circuit, pursuant to Administrative Orders 99-09 and 99-10, has established a Civil Traffic Hearing Officer Program for St. Lucie county and has directed the County to establish a Civil Traffic Infraction Fund by November 1,1999. 3. This Board has determined that it is necessary and in the best interest of the citizens of St. Lucie County, Florida, to amend Article I of Chapter 1-7 of the St. Lucie County Code of Ordinances to establish a Civil Traffic Infraction Fund for St. Lucie County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: Article I (General) of Chapter 1-7 (Courts) of the St. Lucie County Code of Ordinances is hereby amended to add Section 1-7-13 "Civil Traffic Infraction Fund" as follows: Struck through passages are deleted. Underlined Dassages are added. 1 '-' w Chapter 1-7 COURTS ARTICLE I. IN GENERAL PART A. Section 1-7-13. Civil Traffic Infraction Fund. Effective November 1, 1999, there is created a seDarate fund titled IICivil Traffic Infraction Fundll. All monies de DO sited in the fund bv the Clerk Dursuant to Administrative Order shall be used to Dav eXDenses of the Civil Traffic Hearina Officer Proaram as aDDroved bv the Chief Judae of the Nineteenth Judicial Circuit Dursuant to the budget for the Proaram established bv the Board of Countv Commissioners. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, Count ordinances and County resolutions, or parts thereof, in conflict with this 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. 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. ~truck through pBssBges are deleted. Underlined Dassaaes are added. 2 '-" ..." 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 upon filing with the Secretary of State. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Paula A. Lewis XXX Vice Chairman John D. Bruhn XXX Commissioner Cliff Barnes XXX Commissioner Frannie Hutchinson XXX Commissioner Doug Coward XXX 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, the parts B through G shall not be codified. PASSED AND DULY ENACTED this day of , 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY BY: Deputy Clerk Chairman Struck through pesseges are deleted. Underlined oassages are added. 3 W' .." APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Struck through pð~~ðges are deleted. Underlined oassages are added. 4 ~¡ .""", AGENDA REOUEST ITEM NO. C- 8 DATE: October 19, 1999 REGULAR [ ] PUBLIC HEARING CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services Division PRESENTED BY: Beth Ryder, ManageØ- SUBJECT: Approval of First Amendment to the agreement with New Horizons of the Treasure Coast, Inc. for mental health, alcohol and substance abuse services. BACKGROUND: For FY 99/00 the Board approved a grant of $538,295 to New Horizons of the Treasure Coast, Inc. to provide the above services. On September 28, 1999, the agreement was approved but the amount was incorrect. Memorandum No. 00-02 is attached. FUNDS AVAIL. 001-6900-581030-600 (New Horizons) - $538,295.00 PREVIOUS ACTION: New Horizons of the Treasure Coast, Inc. submitted a request for funding of $565,210 and the Board approved $538,295 for FY 99/00. RECOMMENDATION: Approval of the First Amendment to the Grant Agreement with New Horizons of the Treasure Coast, Inc. correcting the amount from $565,210 to $538,295 and authorization for the Chairman to sign the amendment. [ X ] [ ] APPROVED OTHER: [ ] DENIED ./ COMMISSION ACTION: County Attorney:_X !fl' Management & Budget_X J?urchasing: Originating Department: Other: Other: Finance: X Check for copy only, if applicable '-' ...., COMMUNITY SERVICES MEMORANDUM # 00-02 TO: Board of County Commissioners Beth Ryder, Community Services Manager ~ FROM: SUBJECT: First Amendment to the Contract with New Horizons of the Treasure Coast, Inc. DATE: October 19, 1999 On September 28, 1999, the Board approved a contract with New Horizons of the Treasure Coast, Inc. for FY 1999/2000 providing local match of $565,210 for the contact between the State of Florida Department of Children and Families which provides mental health and substance abuse treatment services to the residents of St. Lucie County. During the budget workshops and at the public hearing, the approved amount was $538,295. New Horizons had originally requested $565,210 and I recorded the requested amount rather than the approved amount. It is necessary to amend the contract to correct this error. STAFF RECOMMENDATION: Approval of the First Amendment to the Grant Agreement with New Horizons of the Treasure Coast, Inc. correcting the amount from $565,210 to $538,295 and authorization for the Chairman to sign the amendment. '-' ..., FIRST AMENDMENT TO SEPTEMBER 28, 1999 GRANT AGREEMENT THIS FIRST AMENDMENT is dated this _ day of , 1999, by and between ST. LUCIE COUNTY, hereinafter referred to as the "County", and NEW HORIZONS OF THE TREASURE COAST, INC., or its successors, executors, administrators, and assigns hereinafter called the "Recipient". WITNESSETH: WHEREAS, on September 28, 1999, thè 'parties entered into a Grant Agreement wherein the County agreed to provide the local matching funds required under the 1999-2000 contract between the State of Florida Department of Children and Families and the Recipient for the provision of mental health and substance abuse treatment services to the residents of St. Lucie County, hereinafter referred to as the "DCF Contract"; and, WHEREAS, the parties desire to amend the Grant Agreement to correct a scrivener's error in the amount of the local matching funds required under the DCF Contract. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Grant Agreement as follows: 1. Paragraph 1 of the Grant Agreement shall be amended to read as follows: 1. The County shall disperse to the Recipient grant funds in the total amount of five hundred thirty-eight thousand two hundred ninety-five and 00/1 00 dollars ($538,295.00) as local matching funds pursuant to the 1999-2000 contract between the State of Florida Department of Children and Families and the Recipient for the provision of mental health and substance abuse treatment services to the residents of St. Lucie County, hereinafter referred to as the "DCF Contract", and incorporated herein by reference. Payment to the Recipient shall be made in equal quarterly installments in the amount of one hundred thirty-four thousand five hundred seventy-three and 75/100 dollars ($134,573.75), with the first payment within twenty (20) days after the date this Agreement is executed on behalf of the County. The remaining payments shall be due and payable on or before January 15, 2000, April 15,2000, and July 15,2000. 2. All other tenns and conditions of the Agreement shall remain in full force and effect. [Remainder of page intentionally left blank.] 1 w .." 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: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS BY: COUNTY ATTORNEY ATTEST: NEW HORIZONS OF THE TREASURE COAST, INC. BY: SECRETARY PRESIDENT (SEAL) g:\atty\agreemnt\ 1 a-nh,dcf.wpd 3 (-; (70 - (] cì' - ,5/-iC:: '-' ..., GRANT AGREEMENT THIS AGREEMENT, made this ul.c.... day of ~......" A.D. 1999, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and NEW HORIZONS OF THE TREASURE COAST, INC., or its successors, executors, administrators, and assigns hereinafter called the" Recipient". IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Recipient grant funds in the total amount of five hundred sixty-five thousand two hundred ten and 00/100 dollars ($565,210.00) as local matching funds pursuant to the 1999-2000 contract between the State of Florida Department of Children and Families and the Recipient for the provision of mental health and substance abuse treatment services to the residents of St. Lucie County, hereinafter referred to as the "DCF Contract", and incorporated herein by reference. Payment to the Recipient shall be made in equal quarterly installments in the amount of one hupdred forty-one thousand three hundred two and 5011 00 dollars ($141,302.50), with the first payment within twenty (20) days after the date this Agreement is executed on behalf of the County. The remaining payments shall be due and payable on or before January 15, 2000, April 15, 2000, and July 15,2000. 2. The grant funds shall be used only as set forth in the DCF Contract. The Recipient shall provide the County Community Services Manager with quarterly reports setting forth the following information: A. Number of clients served during quarter. B. Number of clients entering treatment during quarter. C. Cumulative number of clients served since October 1, 1999 D. Type and number/hours of services provided during quarter. E. A copy of the match report filed with the Department of Children and Families for the previous quarter. The reports shall be due on or before February 1, 2000, May 1,2000, August 1,2000, and November 1, 2000. 3. The Recipient shall have internal controls adequate to safeguard the grant. 4. If the grant can not be used or a subsequent audit reveals the grant was not used according to the DCF Grant Contract and/or this Agreement, any money not so used shall be reimbursed to the County. 5. The Recipient shall provide an audit, by a certified or duly licensed public accountant, 1 'W' ...., of the expenditure of the grant within ninety (90) days after the end of its last fiscal year during which funds are expended under the DCF Grant Contract. 6. The Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Recipient is and shall be an ind"ependentcontractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Recipient shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out of in any way connected with the use, occupations, administration or control of the above described services by the Recipient or its agents, employees, customers, patrons or invitee whether in the jail facilities or surrQunding area, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Recipient hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: To the County: St. Lucie County Administrator Administration Annex 2300 Virginia A venue Fort Pierce, Florida 34982 With copy to: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 2 ~ ..., To the Recipient: New Horizons of the Treasure Coast. Inc. 4500 West Midway Road Fort Pierce, Florida 34981 11. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any fOnTIS for agreement modification, the Recipient agrees to use said fOnTIs. 12. The Recipient represents that it pres'ently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the perfonTIance of services required hereunder, as provided for in Florida Statutes 112.311 (1997) and as may be amended from time to time. The Recipient further represents that no person having any interest shall be employed for said performance. The Recipient shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Recipient's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Recipient may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Recipient. The County agrees to notify the Recipient of its opinion by certified mail within thirty (30) days of receipt of notification by the Recipient. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Recipient, the County shall so state in the notification and the Recipient shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Recipient under the terms of this Agreement. 13. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 14. Except as otherwise provided, this agreement shall be binding upon and shall insure to the benefit of the parties. 15. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 3 ~ ..., IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above, ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By->4jAJ~q~ CHAIRM N tY ~~~ t'·," , , .i . , " . <,"," ) '~-, . ~ t\..' , ,...11 , . . J ~'. ",' ;I{.. t$.t." ,~J'" ~~'>'.. ."', ,.' \\. , '4..\~;,....~ APPROVED AS TO FORlYI AND CORRECTNESS: ~~ As,A. COUNT ATTORNEY ATTEST: NEW HORIZONS OF THE TREASURE COAST,INC. BY: (!¡~ t,b PRESIDENT ~1(~ (SEAL) g:\atty\ment\contract\nh-dcf. 99 ,wpd 4 .. ....,. ..." -- AGENDA REQUEST ITEM NO. A-2 DATE: October 19,1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Harvey Lincoln SUBJECT: Hurricane Irene Funding BACKGROUND: Current estimates of the cost of preparing for and recovering from Hurricane Irene will be $5,970,000. In order to fund these efforts, staff recommends the Board at this time approve transferring $3,000,000 from the General Fund Reserve account into the special project account staff has created to capture costs associated with the preparation and recovery operations. The Federal Emergency Management Agency (FEMA) will reimburse approved costs. If and as additional reserve funds may be required in the future, a request will be made to the Board. We anticipate that funds will be returned to reserve accounts upon receipt of FEMA reimbursements. FUNDS AVAILABLE: Funds will be made available by transfer from the general fund reserves account to 001-1900-599330-19006. PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board approve transferring $3,000,000 from the General Fund Reserves to cover anticipated expenses associated with the preparations for and recovery f(om Hurricane Irene. COMMISSION ACTION: CE: [~APPROVED [1 DENIED [ 1 OTHER: Coordination/Sianatures / Management & Budget: XX ¥ Purchasing: Public Works: Other: County Attorney: XX Originating Dept: Finance: (Check for Copy only, if applicable) XX ,. ,.,.'<tT mr."n WP\AGENDA'S\AgendaOO\\ 0' \ 9lrene2 .wpd ... ~ v ST. LUCIE COUNTY HURRICANE IRENE PRELIMINARY DAMAGE ESTIMATE 10-19-99 BUILDINGS CAUSEWAY EROSION/ENGINEERING UTILITIES DEBRIS CLEAN-UP MOSQUITO CONTROL DIKES, TREE REMOVAL & ENGINEERING OVERTIME - ADMINISTRATION ROAD & BRIDGE BEACHES COUNTY WIDE DITCHES LEISURE SERVICES; sports Complex Harbour Pointe Parks Docks TOTAL * ESTIMATES PROVIDED BY FEMA ...., 1,000,000 * 903,000 91,000 900,000 * 1,100,000 22,000 798,000 * 1,000,000 100,000 * 15,000 15,000 11,000 15,000 5,970,000 · ....., 'wi ,¡ , Board of County Commissioners Meeting October 19, 1999 UNAGENDAED ITEM Restudy Coordination Committee - Commissioner Lewis appointed Judy Gersony of Audubon to the Restudy Coordination Committee. Commission Action: [ X ] Approved [ ] Denied [ ] Other