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HomeMy WebLinkAboutAgenda Packet 11-23-99BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: November 16, 1999 Tape: 1 Convened: 9:05 a.m. Adjourned:10:05 a.m. Commissioners Present: Chairman, Paula A. Lewis, John D. Bruhn, Cliff Barnes, Frannie Hutchinson, Doug Coward Others Present: Doug Anderson, County Administrator; Dan McIntyre, County Attorney; Julia Shewchuk, Community Development Director; Ray Wazny, Public Works Director; Mike Leeds, Leisure Services Director; Bill Blazak, Utilities Director; Paul Phillips, Airport Director; Hank Dufour, Human Resources Director; JoAnne Holman, Clerk of Courts; Dorothy J. Conrad, Tax Collector; Don West, County Engineer; Jack Southard, Public Safety Director; Jim David, Mosquito Control Director; Deputy Nickel, A. Millie Delgado, Deputy Clerk 1. ; MINUTES (1-023) It was moved by Com. Bruhn, seconded by Com. Coward tei approve the minutes with the additional comments requested for the meeting held November 9, 1999; and, upon roll call, motion carried unanimously. 2. PRESENTATION (1-049) A. The County Administrator introduced the new Assistant County Administrator, Robert Bradshaw. B. Grant Award: The Chairman presented a $15,000 grant to Dr. Mary Rice for the Smithsonian Institution Indian River Lagoon Species Inventory Project. A-2 COUNTY ATTORNEY (1-076) Resolution No. 99-277- Consider staff recommendation to adopt the resolution Proclaiming the Month of November, 1999, be celebrated statewide in honor of Florida's Sate Parks ... Voted America's Best; and designating November 20, 1999 as "Free Day" when park entrance fees will be waived for visitors. It was moved by Com. Barnes, seconded by Com. Coward to approve Resolution No. 99-277; and, upon roll call, motion carried unanimously. 3. REORGANIZATION The Clerk of the Circuit Court presided and called for nominations for the Chairman of the Board of County Commissioners. It was moved by Com. Lewis, seconded by Com. Hutchinson to nominate Com. Bruhn as Chairman of the Board of County Commissioner; and, upon roll call, motion carried unanimously. B. ELECT THE VICE CHAIRMAN The Chairman presided and called for nominations for the Vice Chairman of the Board of County Commissioners. It was moved by Com. Coward, seconded by Com. Barnes, to nominate Com. Hutchinson as Vice Chairman of the Board of County Commissioners; and, upon roll call, motion carried unanimously. At this time the Board recessed for election of the Chairman and Vice Chairman of the Mosquito Control District, Erosion District and the Environmental Control Board. The Board reconvened and continued the reorganization. Com. Bruhn assumed his position as Chairman. C. The Chairman automatically became a member of the following: St. Lucie County Chamber of Commerce Boa's of Directors Workforce Development Board of the Treasure Coast Consortium Public Safety Coordinating Council Tourist Development Council D. The Chairman appointed the following Commissioner to serve on the following Boards/Committees for a one year term: Blueway Advisory Committee- Com. Barnes Automated Services Board of Governors- Com. Bruhn St. Lucie County Bridge and Expressway Authority- Comm's. Lewis, Barnes Homeowners Association - Com. Coward Workforce Development Board of the Treasure Coast- Present Commissioner/s will retain appointment. St. Lucie County Fire Prevention and Control District - Com. Bruhn Treasure Coast Regional Planning Council- Present Commissioner/s will retain appointment. Value Adjustment Board- Com. Coward, Barnes, Lewis Law Library Board of Trustees- Present Commissioner/s will retain appointment E. The following Committee appointment is retained by the Chairman unless otherwise noted: Alcohol, Drug Abuse and Mental Health Ceinmittee- Com. Barnes Indian River Lagoon National Estuary Program Advisory Board - Com. Coward Nineteenth Judicial Circuit Conflict Committee - Com. Barnes Council of Local Stormwater Management for St. Lucie River and Indian River Lagoon Com. Barnes Land Acquisition Selection Committee- Com. Barnes Local Coordinating Board/Transportation Disadvantaged - Com. Lewis Metropolitan Planning Organization- Comm's. Lewis, Coward, Hutchinson; Com. Bruhn as alternate Treasure Coast Council of Local Government- Com. Hutchinson -2- It was moved by Com. Coward, seconded by Com. Hutchinson, to approve the stated appointments to the various committees; and, upon roll call, motion carried unanimously. G. ADVISORY BOARD VACANCIES At this time, the Commission members did not have their appointees selected, Com. Hutchinson requested these vacancies be advertised. No action taken. 4. GENERAL PUBLIC COMMENTS(1-947) Mr. Charles Grande, Hutchinson Island, recognized and thanked Com. Lewis for setting new standards for integrity and civility during her administration as Chairman. Mr. George Belton, Ft. Pierce resident, addressed the Board regarding his disappointment with the new garbage hauler. He also addressed the proposed new stadium in Port St. Lucie, the HMO's servicing the county from Virginia Ave. South and stated they should service the whole county. Mr. Belton requested the Board consider paving another parking lot for residents and also asked the Board to advertise any employment positions which are available. 5. CONSENT AGENDA Com. Coward commended staff for their work on the Grant Application on item C-3-A. It was moved by Com. Coward, seconded by Com. Lewis, to approve the Consent Agenda to include A-1; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No.7. 2. PUBLIC SAFETY A. Animal Impoundment Agreement- The Board approved the 1999-2000 Second Amendment to the November 26, 1996 agreement with the Humane Society of St. Lucie County, Inc., and authorized the Chairman to sign the agreement. B. HAZMAT Agreement- The Board approved the Hazards Analysis Agreement with the State of Florida in the amount of $18,304, and authorized the Chairman to sign the agreement. C. 9G-19 Grant Agreement/County Emergency Management Preparedness and Assistance Trust Fund Program Base Grant- The Board approved the agreement appropriating the grant funds in the amount of $103,764.15, and approved Equipment Request No's. EQ00- 175 through EQ00-178 and authorized the Chairman to execute the agreement. 3. COMMUNITY DEVELOPMENT A. Grant Application- The Board authorized the submittal of a grant application to the Florida Department of Transportation One Time Wages/Transit Support Grant Program on behalf of the St. Lucie County Community Seriices Department. B. Public Hearing Advance Notice- The Board approved permission to advertise the following public hearing schedule for the Board of County Commissioners meeting of November 23, 1999 at 7:00 p.m. or as soon thereafter as possible. -3 - . Ifto BNG PARTNERS, INC. (Thomas Lucido & Associates, Agent) for a Change in Zoning from RS-3 to RM-9 Zoning District. DFR, LLC (Steve Tierney, Agent) for a Conditional Use Permit to allow farm products and warehousing in the AG-1 Zoning District. JERRY HILL AND MARGO STEVENS (Hoyt C. Murphy, Inc., Agent) for a Change in Zoning from the AR-1 Zoning District to RE-2 Zoning District. RESERVE HOMES, L.T.D, L.P., a Florida Corporation for the establishment of the Reserve Community Development District # 2 at the Development of Regional Impact known as the Reserve. The purpose of this review is to consider authorizing the establishment of a special district for the purpose of funding community infrastructure, services and facilities along with their operations and maintenance, in portions of the Reserve DRI referred to as PUD II, excluding development Parcels 15A and 17 in PUD II, but including PGA Golf Course # 4 at the Reserve, and including the area referred to as Mainstreet Village S/D, but excluding the publicly maintained portions of Reserve Commerce Center Drive within these areas. A-3. COUNTY ATTORNEY Approval of Filing Motion- Filing Motion to Intervene in Proceedings before Federal Energy Regulation Commission concerning Gulfstream Natural Gas System, L.L.C.- The Board approved an after -the -fact filing for a Motion of St. Lucie County, Florida, for Leave to Intervene in the proceedings before the Federal Energy Regulatory Commission to consider application of Gulfstream Natural Gas System, L.L.0 to construct and operate natural gas pipeline facilities. REGULAR AGENDA 6. COUNTY ATTORNEY(1-1234) A. Resolution No. 99-273- Consider staff recommendation to, adopt the resolution Urging the Florida Congressional Delegation to oppose any Federal Legislation that authorizes or requires the Federal Courts to take jurisdiction over local issues or intrude into local land use or regulatory decisions unless the claimant has exhausted all state and local remedies; and further to defeat the "Private Property Rights Implementation Act of 1999" and its Companion Bill "Citizens Access to Justice Act of 1999". It was moved by Com. Barnes seconded by Com. Coward, to approve Resolution No. 99-273; and, upon roll call, motion carried unanimously. B. South County Regional Stadium/Agreement with Edlund & Dritenbas Architects, P.A. - Consider staff recommendation to approve the agreement in the amount of $192,643 which includes all reimbursable expenses, to design and permit the South County Regional Stadium and authorize the Chairman to sign the agreement. Com. Coward requested an overview on the private entities which are partners in this project. The County Attorney advised the Board that on the public side of this venture. The School District would fund $400,000 paid over a period of years as a bond issue. The County would fund $400,000 through park impact fees which the Board would have to approve. Staff has applied with the City of Port St. Lucie for a $200,000 grant which the county would match with part of the $400,000. The County would also apply in it's own behalf for $200,000 which the county would again match with the $200,000 remaining impact fee money. The Leisure Services Director advised the Board that they have put together a Corporate Sponsorship packet and plan on the different levels of sponsorship.. -4- In M Com. Barnes asked if the county had the funding to build the stadium without private contributions or are we relying on their funding. The Leisure Services Director stated they will need private money in order to build the stadium. A minimal stadium could be built without private funds, however, to do what they want to be done, they will need the private funds. Com. Barnes stated his concern and gave the example of the Environmental Learning Center where he had heard that people were behind it and going to contribute, but nothing happened. It was moved by Com. Lewis, seconded by Com. Coward to approve staff recommendation; and, upon roll call, motion carried unanimously. C. South County Regional Stadium/Sublease with the City of Port St. Lucie- Consider staff recommendation to approve the Sublease and authorize the Chairman to sign the Sublease. The County Attorney addressed the Board regarding the contents of the Sublease. Com. Hutchinson questioned the priority of usage for the stadium. The County Attorney advised Com. Hutchinson and the Board that the way the interlocal agreement works is that the School Board will have priority use for football and soccer programs. The County would be at that point, other than that, in control of scheduling of the facility. This will be a county operated stadium. It was moved by Com. Coward, seconded by Com. Hutchinson to approve staff recommendation subject to receipt of the FURDAT grant; and, upon roll call, motion carried unanimously. D. South County Regional Stadium/Interlocal Agreement with the St. Lucie County School District- Consider staff recommendation to approve the Interlocal Agreement and authorize the Chairman to sign the agreement. The County Attorney addressed the Board on this item. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve staff recommendation; and, upon roll call, motion carried unan;m,�uFly. There being no further business to be brought before the Board, the meeting was adjourned at 10:05 a.m. Clerk of Circuit Court -5- Chairman Novem'`�'er 23. 1999 7:00 PM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME *40 GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed 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 MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, 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. M BOARD OF COUNTY COMMISSIONERS www.stlucieco.gov AGENDA November 23,1999 7:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE E5 John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 1. MINUTES Approve the minutes of the meeting held November 16,1999. 2. GENERAL PUBLIC COMMENT 3. CONSENT AGENDA �(�� CSC (I� U5 C�, ClP C1 c( PUBLIC HEARINGS COMMUNITY DEVELOPMENT 4A. Resolution No. 99-195/Ouasi-Judicial/ JERRY HILL AND MARGO STEVENS (HOYT C. MURPHY, INC., AGENT), for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RE-2 (Residential, Estate - 2 du/acre) Zoning District. Location: East side of Christensen Road, approximately 0.80 mile north of West Midway Road *e"c 5-0 4B. Resolution No. 99-197/Quasi-Judicial/ DFR, LLC (STEVE TIERNEY, AGENT), for a Conditional Use Permit to allow farm products and warehousing in the AG-1 (Agricultural - 1 du/acre) Zoning District. Location: 8455 Orange Avenue \0.6� �0 4C. Ordinance No. 99-029/Ouasi-JudiciaMSERVE HOMES, LTD., A FLORIDA CORPORATION - Consider staff recommendation to approve the ordinance authorizing the establishment of the Reserve Community Development District #2. Vck, ® � 0 4D. Resolution No. 99-194/Ouasi-Judicial/ BNG PARTNERS, INC. (THOMAS LUCIDO & ASSOCIATES, AGENT), for a Change in Zoning from the RS-3 (Residential, Single -Family - 3 du/acre) Zoning District to the RM-9 (Residential, Multiple -Family - 9 du/acre)-Zoning District. Location: West side of Lennard Road, approximately 0.50 mile south of Tiffany Avenue von cot S h0 is Board are electr nicall recorded. An e who decides appeal a NOTICE: All Proceedings b fore this y y p � y action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie Countyommunity Services Manager at (561) 462-1777 or TDD (561) 462-14Z8 at least forty-eight(48) hours prior o the meeting. `%we VWO REGULAR AGENDA NOVEMBER 23, 1999 PAGE TWO 5. COMMUNITY DEVELOPMENT A. Resolution No. 99-196BNG PARTNERS, INC. - Consider staff recommendation to approve the resolution for Major Site Plan approval for the project known as Valencia Place. Location: West side of Lennard Road, approximately 0.50 mile south of Tiffany Avenue �"g B. Request for Funding / Manatee Protection Plan - Consider staff recommendation to authorize the submittal of a scope of services and to proceed with the request for funding to the Florida Wildlife Conservation Commission to complete the Manatee Protection Plan Marina Siting Study with funds from the State of Florida in the amount of $50,000. 6. ADMIMSTRATION BOCC District 4 / West Midway Road - Commissioner Hutchinson has requested Board discussion regarding West Midway Road. VO4 �✓ CONSENT AGENDA 140 November 23, 1999 1. WARRANTS LIST Approve warrants list No. 8 2. PUBLIC WORKS Road and Bridge/Change Order No. 2 and Budget Resolution No. 99-272 -Consider staff recommendation to approve Change Order No. 2 to the contract with The Signal Group, Inc. for the construction of the signalization at the intersection of Midway Road & Glades Cut-off Road in the amount of $139,652.28. Authorize the Chairman to sign the change order and Synchronization Agreement with FEC Railroad, and approve the budget resolution. 3. MOSQUITO CONTROL Emergency Cleanup Contract / Hurricane Floyd and Hurricane Irene - Consider staff recommendation to approve the emergency cleanup and dune restoration contract with Enviroglades, Inc., as prepared by the County Attorney's office, and authorize the Chairman to execute the contract. 4. COUNTY ATTORNEY A. Release for Property Damage to County Vehicle - Consider staff recommendation to authorize the Chairman to execute the Release in the amount of $3,211.21. B. Grant Contract / St. Lucie County Chamber of Commerce, Inc. - Consider staff recommendation to approve the 1999-2000 Grant Contract with the St. Lucie County Chamber of Commerce, Inc., and authorize the Chairman to sign the agreement. C. Equity Resource Group of Indian River County, Inc./Consent to Assignment of Lease Agreement to Shrimp Culture H, Inc. - Consider staff recommendation that the Board of County Commissioners consent to the assignment of the lease agreement from Equity Resource Group of Indian River County, Inc. to Shrimp Culture II, Inc., and authorize the Chairman to sign the consent. D. Quit -Claim Deed Approval - Consider staff recommendation to approve the Quit - Claim Deed to Fort Pierce and authorize the Chairman to sign the deed. 5. PURCHASING A. Purchase From Existing Bid - Consider staff recommendation to approve the purchase of a Triplex Greens Mower for the golf course, to Kilpatrick Turf in the amount of $20,750. B. Furniture and Computers for St. Lucie West Judicial Offices - Consider staff recommendation to approve the purchase of furniture and computers for the St. Lucie West Judicial offices. 6. INVESTMENT FOR THE FUTURE Bid No. 99-082 / Repair of South 251h Street Bridge Over Ten Mile Creek - Consider staff recommendation to award the bid to the low bidder Sieg & Ambachtsheer in the amount of uC $94,247.50, approve the project budget as indicated on the memorandum from Engineering, and authorize the Chairman to sign the contract as prepared by the County Attorney. CONSENT AGENDA %ow 1 NOVEMBER 23, 1999 PAGE TWO 7. UTILITIES/RECYCLING Sole Source /Equipment Request No. 00-191- Consider staff recommendation for approval to declare Ellis K. Phelps a sole source for Flyght Pumps, to approve the purchase of a replacement/spare pump in the amount of $1,770, and to approve the equipment request. 8. COMMUNITY DEVELOPMENT A. Grant Application - Consider staff recommendation to authorize the submittal of a grant application to the Florida Department of Community Affairs Emergency Management Preparedness and Assistance Competitive Grant Program on behalf of St. Lucie County Public Works Department in the amount of $40,000. B. Grant Application - Consider staff recommendation to authorize the submittal of a grant application to the Florida Fish and Wildlife Conservation Commission on behalf of St. Lucie County Leisure Services and Mosquito Control District in the amount of $40,000. C. North Fork St. Lucie River Boundary Modification - Consider staff recommendation to approve submission of a request to the Conservation and Recreation Lands Program to extend the CARL boundary to include entire parcels. D. Indian River Lagoon Blueway Boundary Modification - Consider staff recommendation to approve submission of a request to the Conservation and Recreation Lands Program to request inclusion of the proposed 70 acre Hobe Sound National Wildlife Refuge addition located on South Hutchinson Island. 9. LEISURE SERVICES Contract with Recreation Design and Construction Inc. - Consider staff recommendation to approve the contract for beach improvements, and authorize the Chairman to sign the contract. 10. AIRPORT Termination of Lease Agreement - Consider staff recommendation to approve the request to terminate the lease agreement between the St. Lucie County Cowboy Club, Inc. and the Board of County Commissioners for the "Cowboy Club Arena" located at St. Lucie County International Airport. `%W BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA November 23, 1999 REVISED CONSENT AGENDA A.1 COMMUNITY DEVELOPMENT One -Stop Permitting Grant/ Budget Resolution No. 99-277 - Consider staff recommendation to accept the grant from the Florida Department of Management Services (DMS)and proceed with the purchase of the needed computer equipment, to solicit the consultant in order to develop and implement the One -Stop Permitting Program for St. Lucie County, and approve the budget resolution and subsequent equipment requests. A.2 COUNTY ATTORNEY Budget Amendment No. 00-106 / Transfer of Funds - Consider staff recommendation to approve the budget amendment to complete the transfer of the Library property with the City of Fort Pierce. Revised 11/23/99 at 2:45 pm Novener 23, 1999 7:00 PM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME gn GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed 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. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, 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. U BOARD OF COUNTY COMMISSIONERS www.stlucieco.gov AGENDA November 23, 1999 7:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held November 16,1999. 2. GENERAL PUBLIC COMMENT 3. CONSENT AGENDA PUBLIC HEARINGS COMMUNITY DEVELOPMENT CI John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 4 Resolution No. 99-195/Quasi-Judicial/ JERRY HILL AND MARGO STEVENS (HOYT C. MURPHY, INC., AGENT), for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RE-2 (Residential, Estate - 2 du/acre) Zoning District. Location: East side of Christensen Road, approximately 0.80 mile north of West Midway ' Road 4B. resolution No. 99-197/Ouasi-Judicial/ DFR, LLC (STEVE TIERNEY, AGENT), for a Conditional Use Permit to allow farm products and warehousing in the AG-1 (Agricultural - 1 du/acre) Zoning District. Location: 8455 Orange Avenue C. Ordinance No. 99-029/Quasi-Judicial/RESERVE HOMES, LTD., A FLORIDA CORPORATION - Consider staff recommendation to approve the ordinance authorizing the establishment of the Reserve Community Development District #2. 4D. Resolution No. 99-194/Ouasi-Judicial/ BNG PARTNERS, INC. (THOMAS LUCIDO & ASSOCIATES, AGENT), for a Change in Zoning from the RS-3 (Residential, Single -Family - 3 du/acre) Zoning District to the RM-9 (Residential, Multiple -Family - 9 du/acre)-Zoning District. Location: West side of Lennard Road, approximately 0.50 mile south of Tiffany Avenue NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the reques{ of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie Count Community Services Manager at (561) 462-1777 or TDD (561) 462-1418 at least forty-eight(48) hours prior o the meeting. cm 0 REGULAR AGENDA NOVEMBER 23, 1999 PAGE TWO 5. COMMUNITY DEVELOPMENT � � / � �� , /i _ 4 / f- � A. Resolution No. 99-196BNG PARTNERS, INC. - Consider staff recommendation to approve the resolution for Major Site Plan approval for the project known as Valencia Place. Location: West side of Lennard Road, approximately 0.50 mile south of Tiffany Avenue B. Request for Funding / Manatee Protection Plan - Consider staff recommendation to authorize the submittal of a scope of services and to proceed with the request for funding to the Florida Wildlife Conservation Commission to complete the Manatee Protection Plan Marina Siting Study with funds from the State of Florida in the amount of $50,000. 6. ADMINISTRATION BOCC District 4 / West Midway Road - Commissioner Hutchinson has requested Board discussion regarding West Midway Road. ��w `W1 CONSENT AGENDA November 23, 1999 1. WARRANTS LIST Approve warrants list No. 8 `2� PUBLIC WORKS Road and Bridge/Change Order No. 2 and Budget Resolution No. 99-272 -Consider staff recommendation to approve Change Order No. 2 to the contract with The Signal Group, Inc. for the construction of the signalization at the intersection of Midway Road & Glades Cut-off �k Road in the amount of $139,652.28. Authorize the Chairman to sign the change order and Synchronization Agreement with FEC Railroad, and approve the budget resolution. 3. MOSQUITO CONTROL Emergency Cleanup Contract / Hurricane Floyd and Hurricane Irene - Consider staff recommendation to approve the emergency cleanup and dune restoration contract with Enviroglades, Inc., as prepared by the County Attorney's office, and authorize the Chairman to execute the contract. 4. COUNTY ATTORNEY A. Release for Property Damage to County Vehicle - Consider staff recommendation to authorize the Chairman to execute the Release in the amount of $3,211.21. B. Grant Contract / St. Lucie County Chamber of Commerce, Inc. - Consider staff recommendation to approve the 1999-2000 Grant Contract with the St. Lucie County Chamber of Commerce, Inc., and authorize the Chairman to sign the agreement. C. Equity Resource Group of Indian River County, Inc./Consent to Assignment of Lease Agreement to Shrimp Culture H, Inc. - Consider staff recommendation that the Board of County Commissioners consent to the assignment of the lease agreement from Equity Resource Group of Indian River County, Inc. to Shrimp Culture H, Inc., and authorize the Chairman to sign the consent. D. Quit -Claim Deed Approval - Consider staff recommendation to approve the Quit - Claim Deed to Fort Pierce and authorize the Chairman to sign the deed. 5. PURCHASING A. Purchase From Existing Bid - Consider staff recommendation to approve the purchase of a Triplex Greens Mower for the golf course, to Kilpatrick Turf in the amount of $20,750. B. Furniture and Computers for St. Lucie West Judicial Offices - Consider staff recommendation to approve the purchase of furniture and computers for the St. Lucie West Judicial offices. 6,vL"-INVESTMENT FOR THE FUTURE Bid No. 99-082 / Repair of South 25te Street Bridge Over Ten Mile Creek - Consider staff recommendation to award the bid to the low bidder Sieg & Ambachtsheer in the amount of $94,247.50, approve the project budget as indicated on the memorandum from Engineering, and authorize the Chairman to sign the contract as prepared by the County Attorney. CONSENT AGENDA NOVEMBER 23, 1999 PAGE TWO 7. UTILITIES/RECYCLING Sole Source /Equipment Request No. 00-191- Consider staff recommendation for approval to declare Ellis K. Phelps a sole source for Flyght Pumps, to approve the purchase of a replacement/spare pump in the amount of $1,770, and to approve the equipment request. 8. COMMUNITY DEVELOPMENT A. Grant Application - Consider staff recommendation to authorize the submittal of a grant application to the Florida Department of Community Affairs Emergency Management Preparedness and Assistance Competitive Grant Program on behalf of St. Lucie County Public Works Department in the amount of $40,000. B. Grant Application - Consider staff recommendation to authorize the submittal of a grant application to the Florida Fish and Wildlife Conservation Commission on behalf of St. Lucie County Leisure Services and Mosquito Control District in the amount of $40,000. C. North Fork St. Lucie River Boundary Modification - Consider staff recommendation to approve submission of a request to the Conservation and Recreation Lands Program to extend the CARL boundary to include entire parcels. D. Indian River Lagoon Blueway Boundary Modification - Consider staff recommendation to approve submission of a request to the Conservation and Recreation Lands Program to request inclusion of the proposed 70 acre Hobe Sound National Wildlife Refuge addition located on South Hutchinson Island. 9. LEISURE SERVICES Contract with Recreation Design and Construction Inc. - Consider staff recommendation to approve the contract for beach improvements, and authorize the Chairman to sign the contract. 10. AIRPORT Termination of Lease Agreement - Consider staff recommendation to approve the request to terminate the lease agreement between the St. Lucie County Cowboy Club, Inc. and the Board of County Commissioners for the "Cowboy Club Arena" located at St. Lucie County International Airport. Omm M BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA November 23 1999 REVISED CONSENT AGENDA A.1 COMMUNITY DEVELOPMENT One -Stop Permitting Grant/ Budget Resolution No. 99-277 - Consider staff recommendation to accept the grant from the Florida Department of Management Services (DMS)and proceed with the purchase of the needed computer equipment, to solicit the consultant in order to develop and implement the One -Stop Permitting Program for St. Lucie County, and approve the budget resolution and subsequent equipment requests. A.2 COUNTY ATTORNEY Budget Amendment No. 00-106 / Transfer of Funds - Consider staff recommendation to approve the budget amendment to complete the transfer of the Library property with the City of Fort Pierce. Revised 11/23/99 at 2:45 pm I`*.O-M NO. 4 - A DATE: 11/23/99 CONSENT [ REGULAR [ PUBLIC HEARING [ X ] Leg.[ ] Quasi-Jud. (X] TO: BOARD OF COUNTY COMMISSIONERS P ESEN E BY: SUBMITTED BY: Community Development_ Co unity Development Director SUBIECT: Request for Rezoning of Property located on the east side of Christensen Road, approximately 0.80 mile north of West Midway Road from the AR-1 (Agricultural, Residential, Single -Family - 1 du/acre) Zoning District to the RE-2 (Residential, Estate - 2 du/acre) Zoning District - Draft Resolution 99-195. BACKGROUND : Petition of Jerry Hill and Margo Stevens, for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RE-2 (Residential, Estate - 2 du/acre) Zoning District. The stated purpose of the rezoning is to allow for the development of a single- family residential home on an unbuildable lot. (File No.: RZ-99-023) N/A PREVIOUS A TTON: The Planning and Zoning Commission, by a vote of 8 to 0, with one member absent (Ramon Trias) recommended approval of the rezoning at its October 21, 1999, meeting. RECOMMENDATTON• Approve Draft Resolution 99-195 changing the zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RE-2 (Residential, Estate - 2 du/acre) Zoning District for property located on the east side of Christensen Road, approximately 0.80 mile north of West Midway Road. ( X] APPROVED [ J DENIED [ ] OTHER: "_ZZ" /_ - D u as M. Anderson Vote: 5-0 County Administrator Review and Apprnvaln County Attorney: Management & Budget: Purchasing: Originating Department: Other: Other: Finance: (Check for Copy only, if applicable) M E5 COUNTY COMMISSION REVIEW: November 23, 1999 Resolution 99-195 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: November 16, 1999 Subject: Petition of Jerry Hill and Margo Stevens, for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RE-2 (Residential, Estate - 2 du/acre) Zoning District. (File No.: RZ-99-023) The proposed rezoning of property is located on the east side of Christensen Road, approximately 0.80 mile north of West Midway Road from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RE-2 (Residential, Estate - 2 du/acre) Zoning District is to allow for the construction of a single- family residential lot on an unbuildable lot. The need for this rezoning arises from a lot split by the previous owner which left the parcel with insufficient lot width. The applicant chose to apply for a rezoning rather than a variance based on the standards of review for variances. At the October 21, 1999, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 8 to 0, with one member absent (Ramon Trias), recommended approval of this petition as set forth in Draft Resolution 99-195. 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-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RE-2 (Residential, Estate - 2 du/acre) Zoning District as set forth in Draft Resolution 99-195. SUBMITTED: -'%�iC is Shewchuk, AICP ommunity Development Director cs cc: Jerry Hill & Margo Stevens Hoyt C. Murphy, Jr. File '`fir✓° 1%00 2 3 4 61 G', RESOLUTION 99-195 FILE NO.: RZ-99-023 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE AR-1 (AGRICULTURAL, RESIDENTIAL -1 DU/ACRE) ZONING DISTRICT TO THE RE-2 (RESIDENTIAL, ESTATE - 2 DU/ACRE) 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. Jerry Hill and Margo Stevens, presented a petition for a change in zoning from the AR-1 (Agricultural, Residential 1 du/acre) Zoning District to the RE-2 (Residential, Estate - 2 du/acre) Zoning District for the property described below. 2. On October 21, .1999, :the St. Lucie County 'Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feef the subject property, and recommended that the Board'ofCounty Commissioners approve the hereafter described request=for a change in zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RE-2 (Residential, -Estate -. 2 du/acre) Zoning District for the property described below. 3. On November.23, 1999, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed change in zoning is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. 5. The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area. File No.: RZ-99-024 November 23, 1999 Resolution 99-194 Page 1 0 1 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. 2 Lucie County, Florida: 3 4 A. The proposed change in the Zoning District Classification for that property 5 described as follows: 6 7 The South 165 feet of the north 991.4 feet of the west % of the northwest'1/4 of the 8 southeast 114 of Section 32, Township 35 South, Range 40 East, St. Lucie County, 9 Florida. 10 11 Excepting therefrom rights -of -way for public roads and drainage canals and ditches, 12 less all that portion of land described in Official Records Book 659, Page 930 of the 13 Public Records of St. Lucie County, Florida, lying south of lands described in 14 instrument recorded in Official Records Book 772, Page 1923 of the Public Records 15 of St. Lucie County, Florida , and also lying south of the north line of property 16 described in Official Records Book 493, Page 1737 of the -Public Records of St. Lucie 17 County, Florida. 18 19 (Tax ID. No. 2432-423-0001-010/2). 20 _ 21 (Location: East side of Christensen Road, approximately 0.80 mile 22 north of Tiffany Road.) 23 24 owned by Jerry Hill and Margo Stevens, is hereby changed from the AR-1 25 (Agricultural, Residential -1 du/acre) - oning District to the RE-2 (Residential, 26 Estate - 2 du/acre) Zoning District. 27 28 B. The St. Lucie County-.CommunityDevelopment Director is hereby authorized 29 and directed to causa thwchange to be made on the Official Zoning Map of 30 St. Lucie County, Florida '' and,to make notation of reference to the date of 31 adoption of -this resolution.,: 32 33 After motion and second, the vote on this resolution was as follows: 34 35 Chairman John D. Bruhn XXX 36 37 Vice -Chairman Frannie Hutchinson XXX 38 39 Commissioner Paula A. Lewis XXX 40 41 Commissioner Doug Coward XXX 42 43 Commissioner Cliff Barnes XXX 44 File No.: RZ-99-024 November 23, 1999 Resolution 99-194 Page 2 *twe n 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 PASSED AND DULY ADOPTED This 23' Day of November, 1999 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk cs File No.: RZ-99-024 November 23, 1999 Resolution 99-194 Page 3 M E5 1 I HAWp\Rezoning\Hill, Jerry & Margo\rezoning-resolution.wpd File No.: RZ-99-024 November 23, 1999 Resolution 99-194 Page 4 to F d ^l W r c i--j y P N a ° e E u Orn N t0'�` 0 q N p v' � � V O T U CC CY) F C r a C U G CY) P n _ L to 0. e o m L.L 0 W to a Y' � •+tJ�P .' Q) �O ° '" r � W � a c� • o � 9 3a E > m"v — is � AY _ H g � v t A W • ttltn 9�,. a Q W W j rb......,..:. cm In uvovw vu rbr a a p rvrn Z � mw pl1fl571 0 U arw WON 3w, 3aww O pvw ,vw3cc p3ov3� Z W w swwaloH lv3U W am N� 5 avw 033pS avou poa,uv3 1+m1 � rc ,vM7 re-3 Z W W � po Ifl M C �pb S Y£ l S S£ L S 9£ L t� $�o ♦I.LNf100 3380H033AO "%✓ `40 Jerry Hill & Margo Stevens Zoning H---------------66 0 0 c a� to c N L U < G�, Community Development Information Systems RZ 99-023 Geographic Map September 23,1999 . revised m. my ... e... .mp.e Wywrirplr.ap w W— ILI— -W Wt...-„...,�...... b ...........,..�...» N `....�. ..,.MkWd..b,....,,,.�,.h*........ N.S.L.R.W.M.D. Conol No. 101 n rs rs r+ r3 �2 u is g Serenity Circle North 20 5+ 63 62 6! 5p 59 65 66 � 22 I I PUD =" --- AR-1 2+ 73 � PJe�ve z6 Polm Lokes " 2a � � as e+ � � Serenity Circle South 30 � '� %W *401110 Jerry Hill & Margo Stevens Land Use ND i --------------- N.S.L.R.W.M.D. Canal No. 101 n 16 isiz u �e g Serenity Circle North 20 64 63 62 6l 60 59 65 y------ ------------------------ 66 i 22 i 67 i i 23 68 -------------- ' 74 24 69 70 l/ 7Jv 72 ° S 25 �e Palm Lakes Pie 26 ° I-------------------------- " rn c N 28 87 66 85 84 813 29 Serenity Circle South U 30 3/ 32 JJ J� JS .0 Gy Community Development Systems RZ 99-023 N G Geographic Information Map revised September 23.1999 m. m.p it a.� mry, "a.rr PWr .m W.— P-P— «N. Cl KHb w" ~ lr bn ni.0� b P k* V. m wort.w rCu�b j� T R W—wbn nay. b �a hw�e�e b W r a In* t*.* lei PUBLIC HEARING - JERRY HILL AND MARGO STEVEN%P,,y,ii XiaSiON r��'�y�a `fit°L FILE NO. CU-99-023 Chairman Wesloski explained the Planning and Zoning Commission hearing procedures. Ms. Snay presented staff comments. Ms. Snay stated agenda Item 4 is the petition of Jerry Hill and Margo Stevens, for a change in zoning from the AR- 1(Agricultural, Residential -1 du/acre) Zoning District to the RE-2 (Residential, Estate - 2 du/acre) Zoning District for property located on the east side of Christensen Road, approximately .80 miles north of West Midway Road. The subject property abuts AR-1 zoning to the north, south and west and PUD (Palm Gardens Subdivision 1.9 du/acre) to the east. The petitioners are requesting this change in zoning in order to develop the subject property as a single-family residential unit. The rezoning is necessary in order for the existing lot to become buildable. The proposed RE-2 (Residential, Estate - 2 du/acre) zoning district is compatible with the existing RS (Residential Suburban) land use classification. A number of years ago, the adjacent property was developed with a single-family residential unit. Upon completion of the residential unit and development of an "as -built' survey, an encroachment of the residential unit on the adjacent property was identified. During negotiations between the property owners, a lot line adjustment was filed with the Clerk of the Courts (without going through the County low split procedure) which solved the immediate problems with the lot line encroachment. Since that time, both lots have been sold to new owners. When the new property owners of the subject lot filed for a building permit to construct a residential unit on the lot, they were informed that the lot did not meet the minimum code requirements for the AR-1 (Agricultural Residential - 1 du/acre) Zoning District, specifically the minimum 150-foot lot width. Because the problem was created by the previous lot owner, it does not meet the standards for granting a variance. The applicant has stated that adjacent property owners have been unwilling to sell additional width to this parcel. 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. Chairman Wesloski asked if there were any questions for Ms. Snay. Mr. Grande asked staff if they had contacted the adjacent property owners. Planning & Zoning Commission/ August 19, 1999 Local Planning Agency Page 3 Cr9dto;j u Jvg1U--, tl '- Ms. Snay stated that staff had not contacted the adjacent property owners, as that was up to the applicant to contact the adjacent property owners to purchase a portion of their property. Chairman Wesloski asked if the applicant was present and would like to address the Board. Mr. Hoyt C. Murphy Jr., 411 North U.S. 1, Fort Pierce addressed the Board. He stated that he is the agent for the applicant. He stated that the property is 2 acres in size and has 149.37 feet of road frontage on Christensen Road. Mr. Murphy stated that previously a letter had been sent to the County to determine if a modular home could be built on the property. The County had confirmed that a modular home could be constructed on the property. Mr. Murphy stated that neither the county or the real estate agency had looked at the frontage. Since that time, it was determined that the frontage was less than one -foot short of the minimum code requirement. Mr. Murphy stated that they had sent certified mail and made numerous calls to the adjacent property owners requesting the opportunity to purchase a one -foot square parcel of land. For whatever reason, the adjacent property owners were not in a position to sell the property. The company offered to pay for the survey and legal costs as the agency feels obligated to correct the situation. Chairman Wesloski asked the Board if there were any questions for the applicant. Mr. Grande asked the applicant if they made clear to the adjacent owners that due to lacking one -foot of property a change in the land plan would occur. Mr. Murphy stated that they had spoke with the property owners regarding the county's recommendation. Again it was certainly, the property owners choice to cooperate with the property owner or not. 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. Ms. Casen, adjacent property owner, asked the Board if the rezoning would affect her property. Ms. Wesloski stated that the change would only effect the subject property. Ms. Casen stated that she is not opposed to the rezoning of the subject property. 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 what would be the pleasure of the Board. Planning & Zoning Commission/ Local Planning Agency August 19, 1999 Page 4 Mr. Merritt stated he would like to see a change in the Land Development Code, which allows, for common sense to be used when something this minor allowing staff to process an adjustment without having to bring it before the Planning and Zoning Board and requiring applicants to pay a costly fee. After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in Section 11.06.03, St. Lucie County Land Development Code, Mr. Merritt moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Jerry Hill and Margo Stevens, for a Change in Zoning from AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to RE-2 (Residential, Estate - 2 du/acre) Zoning District in order to allow the applicant's to apply and build a residential home on the property. Mr. McCurdy seconded the motion, and upon roll call the motion was approved 8-0. Chairman Wesloski stated that the petition would be forwarded to the Board of County Commissioners with a recommendation of approval. Planning & Zoning Commission/ August 19, 1999 Local Planning Agency Page 5 AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, NOVEMBER 23, 1999 7:00 P.M. Petition of Jerry Hill and Margo Stevens, for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RE-2 (Residential, Estate - 2 du✓acre) Zoning District for the following described property: (Location: East side of Christensen Road, approximately .80 mile north of West Midway Road) 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 November 10, 1999. Legal notice was published in the Port St. Lucie News and the Tribune newspapers of general circulation in St. Lucie County, on November 11, 1999. FILE NO. RZ-99-023 M M �­T D 2 The News, Thursday,: TO WHOM IT` C0 NOT dt- occ d Oft S 0 m , Code and 'in aocxr with the provisions,91' the St. Lucie Cour#y.Compphv4I -PpIaN-:ifiqt the,foll ts:31,40.9 Board . or yCp consid As MAS I�1Q -4,��,$QCWE AGENT)`Ior -4 q ­p­j -Zdnli from the Family'— 3 du D1* to theas KPI Family -: 4 J-6 Q1 , W ly for - thi' fo0 escribi I . NoL?3414-501'-913-=/S, 341446I-3S14-'d401/,0,J'. 3414e 501.3514 .;z 1, 60 ; C, and 34o1c4a-ilo*01'. 351 fi(LrVeFL0 - lRoad, apt M wo south of TI%IVY -A4rue) 2. Dfk, LLC, (i W121 TIERNEY, -AGENT) for a..Condflionoll Use Permit )0,611pw fg.Wproductspand worehctuslig'ih.the AG­I:jAjftI rural - ­11 clu. i , , ZbWn� DliMd for the, foljowing 'described Property. The West W of the West 'A of the NE 1/4 of. the SW. V4 of Section I'l Township 315 S&*`4hp 39. East, St, Lucie-. County,. Florkli,. less 'and excepting 'therefrom 'rood and canal right-of-woys; (rox.I.D. No. '2311-312,0002-009/4t - (Locat,lom. 8455 Or."onge Avenue) 3, JERRY HILL .'AND MARGO STEVENS (HOYT C. MURPHY, Wt,; AdENI),019 - Change In Zonlpg from 'the AR4 (Agilcultural, ResldinQ'du/acre) Zoning Disfridto the RE-2 (Residential, Estate - 2 du/acre) Zoning District #or, the:' following' edesdilbed Prof=j65 hil ofthe North �99.11.4-ree!,§f the West 'A of the NW 1/44 the SE, 1/4..oU Section 32 Township 35'Sovk-Ra6je 40 East, St. Lucia County"',FWdd,*eicepting therefrom rights,ipf4voy for public roads dnd drolnoge--canals 659 930-! thi Pt"k Fiorl- 923 of ,,.St. Lucie PI a,- lying south of the north line of "*ty described In 0&1614kords Book 493,; page 1737--bf ..the Public Records of St. Lucie County,. Flori- da. '(Tax � .-D 2432-423-0001-010/2). (Location. East side of Christensen Rood, approximately 0.80 mile north of West Midway. Road) PUBLIC HEARINGS�� I .i be held In the &u*)CommiiS6n,-,dkk"- bers, 3rd floor of the Roger Po" Florldo on-Novem-bei23, 1999, beginning of 7-00 PAC or arsoon thereafter as possible. ! - Anyone wAVdIsabil"Y r' ` ' lr- . Mu Ing accoaktodatio"110 meeting should contact the St. We I County Community SeMces Man- ager at' 56114 . 2477'7 ' or TDD 561/4624 428 at U;si forty4ght (48) hours prior to 16 me Ong- 1 .. PURSUANT TO Section 286.0105, Florlc!4^:Stotutes,_if -0 person decide s to appeal anyded- slon mode by a board, agency; or commission with respect to.. any moff.s�lzlidered of a. meetingor hearmg,.-he' .will need a record of the procegidings, and that, for. such purposes,. rposes, he may need to ensure that a. verbatim record, of the pro- ceedings is *mode, which 'record Includes 'the'. testimony- and 'evi- dence :upon which the appeal Is, to be based. -'BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ PAULA A. LEWIS, . CHAIRMAN Pub- Nov. 11, 1999 M BOCC 2300 VIRGINIA AVENUE FORT PIERCE, FL 34982 ATTN.: JoANN RILEY THEi° prFMBUIVE P.O. Box 69 Fat Pwm St. Lucie Coauy, Florida U954-000 STATE OF R.ORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared Maureen Saltzer- Gawel, or Cathi Revels, who on oath says that he/she is publisher, classified manager of The Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of the advertisement, being a PUBLIC HEARING AGENDA in the matter of three applicants have requested the Board of County Commissioners consider their requests, etc. was published in said newspaper in the issues of November 11, 1999 Affiant further says that The Tribune is a newspaper published at Fort Pierce, in said St. Lucie County. Florida, and that the said newspaper has heretofore been continuously published in St. Lucie County. Florida, each day and has been entered as second class mail matter at the post office in Fort Pierce, in said St. Lucie County. Florida, for a period of one year next preceding the fast publication of the attached copy of advertisement: and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. S7]7�1 d subscribed before /me November 11, 1999 A I Yet U ja nni j /2 :ram /7 '^'� 4� Gnn! F_(;1 /1/2.,f�I.00i , 731434I:, scvRy 'rat:netf 11 Qtlwr LD. Notary Public NO. 8045 some Lr J 4 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS . PUBLIC HEARING AGENDA' NOVEMBER 23. 1999 TO WHOM iT MAY CONCERN: NOTICE is hereby given In accordance with Section 11.00.03 of the St. Lucie County Land Development Code and in .accordance with the provisions of the St. Lucie County Comprehensive Plan, that the following applicants hove requested that the St. Lucie County Board of County Commissioners consider their request as,follows 1. BNG PARTNERS, INC. (THOMAS 'LUCIW & ASSOCIMES, AGENT), for a Change fi Zoning from the RS 3 (Residential, 4 Single FamNy - 3 du/acxe) Zoning: District to the R1r1,9 (Residential. Mulliple-Famly - 9 du/gcre).Zordng iN the following described property: SECTION 1. TOWNSHIP 37 SOUTH, RANGE 40 FAST, SE LLICIE a GARDENS, BLOCK 1, LOTS 13, 14 AND 16.. (TAX, I.D.,.1105 < 3414-501-3513-000/8, 3414-501-3514-05010.E 3414-501-3514-100/6. AND 3414-501-3516�000/9). , . (Location: West side of Lenard Road,,approximat 0.50 mile south of Tiffany Avenue) 2. DFR. LLC (SIEVE TIERNEY. AGENT). Tor a.Caidtiori` Pemdt to allow farm product and'warehouskt4i?e AGA (Agricultural - 1 du/acre) Zoning Dthict'forllw•i following described property: THE WEST 1/2 OF THE WEST OF THE NE IJ4 OF 1HE;SY1l'1%4 OF 'SECTION 11, TOWNSHIP 35 SOUTH. RANGE-39ASL 5CaI110E ` COMMCOUFLORM, LESS AND EXCEPTING%ffREFR,13Ai14X)AD' AND CANAL RIGHT-OF-WAYS 2311-312.0002-000/3). '. r„ .. (Location: 8455 Orange Avenue) `,�; t• :'1' ' 3. JERRY FILL APO,MARGO STEVENS (H M C.•MtN1PHY,,1 AGENT),for a Change in Zordng from the -Ail 1,., (Agricultural, Residential - 1 du/acre), Zont-g DMdct to fief RE-2 (Residential: Estate - 2 du/acre) Zordng.DB6U-10 to 3 following described properly: t Di. SOUTH 165 FEET. OF THE NORTH 991.4,FEET, OF, WEE_Sf= OF:THE . NW. 1/4 OF THE SE 1/4'OF,. t TOWNSHIP 35 SOUTH, RANGE �40 EpSL 5L lUc,`IE FLORID& D(CiPTING THEREFROM RIGHTS OFF WAY PDR P11611C ROADS AND DRAINAGE CAWILS A(dD DiPCHES.`." _ALL. THAT PORTION OF LAND. DESCRIBED IN OFFICIAL RECORDS BOOK 659. WAGE 930, OF THE PIIBX f2ECORDfa OF SE UICIE COUNTY` "FLORIDA,' LYING SOUTHJANW± DESCRIBED IN INSTRUMENT RECORDS iN OFFI= jtCOF.<��l BOOK 172. P AGE''1923 OF THE PUBLIC-RE(MRS'&_,. ,',WCEI COUNN,, FLORA, AND ALSO LYING$OtPHj0F.iI�yNOW ; LINE. -OF PROPERTY DESCRIBED IN OFFICIAL RECORI)SrBPQKC 493,.PAGE..1737 OF THE PUBLIC RECORDS QF• ; .cOUMY,.F(ORIDA.(TAXI.0,NO.2432423-0Q014 r c (location: East side of Chdstensen ROQCI.fst Fripofrq;;,_ -q aapprobrrapproximately0.80 mile northMidway Rood) of West ` PUBLIC HEARINGS rAI be held In the County Commission Chambers. 3rd floor of the Roger Poilras Adff* isjralbn Amdx Willing, 2300 Virginia Avenue, Fort PieItoo Florida November 23, 1999. beginning at 7:00 P.M. or Wsoon thereafter as possible. Anyone with a disability requiring accommodation to ciftend -this meeting should contact the St. Lucle ,County Community Services Manager. at S61/462.177.7- ate' 561/462-1428 at least forty-eight (48) 'hours priorl'10� iris- rtieeting. � �PURSIYWT-TOSectbrr 286.0185: Florida Sf.Jf a pt,� Aecides_to appeal any decision made by 6 boas agency, 6( commission wffi respect to=any.imatter,'bgrulde O.-cif meeting or hearing, he will need a record of the, pr x ^ find that. for such purposes, he may need; to ensurte -that„ y"erbatim record of the pror;eed"aigs t made. which'` , includes the testimony and evidence upon wh�h ;the •" �- BOARD OF COUNTY COMMISSIONERS ST. WCIE'COUNTY`'FLORIDA !S/'PAULA.'. LEWIS,LEVVIS, CHAIRMAN .� t A .- i �..� ., Publish: November 11, 1999 `#ftw M TO: FROM: DATE: PLANNING AND ZONING COMMISSION REVIEW: 10/21/99 File Number RZ-99-023 DEPARTMENT OF CONViMMTY DEVELOPMENT Planning and Zoning Commission Planning Manager ov�L October 13, 1999 SUBJECT: Application of Jerry Hill and Margo Stevens, for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RE-2 (Residential, Estate - 2 du/acre) Zoning District. LOCATION: East side of Christensen Road, approximately 0.80 mile north of West Midway Road. _ EXISTING ZONING: AR-1 (Agricultural, Residential - 1 du/acre) PROPOSED ZONING: RE-2 (Residential, Estate - 2 du/acre) FUTURE LAND USE DESIGNATION: RS (Residential Suburban) PARCEL SIZE: 2 acres PROPOSED USE: Single-family residential home PERMITTED USES: Section 3.01.03(G), RE-2 (Residential. Estate - 2 du/acre identifies the designated uses which are permitted by right, permitted as an accessory use, or permitted through the conditional use process in the "RE-2" (Residential, Estate - 2 du/acre) 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"). 0 October 13, 1999 Page 2 SURROUNDING ZONING: Petition: Jerry Hill & Margo Stevens File RZ-99-023 The subject property abuts AR-1 (Agricultural, Residential - 1 du/acre) zoning to the north, south, and west, PUD (Planned Unit Development) zoning to the east (the Palm Lakes PUD is developed at 1.9 du/acre). SURROUNDING LAND USES: The subject property abuts RS (Residential Suburban) land use to the north, south and east, and west. FIRE/EMS PROTECTION: Station #6 (350 East Midway Road), is located approximately 3 miles to the east. UTILITY SERVICE: Water and sewer services are to be provided onsite. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for Christensen Road is 60 feet. SCHEDULED IMPROVEMENTS: None. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The applicant's rezoning request is consistent with the St. Lucie County Land Development Code. The applicant is requesting a change in zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RE-2 (Residential, Estate - 2 du/acre) Zoning District. The area in which the subject property is located is primarily designated as AR-1 October 13, 1999 Page 3 Petition: Jerry Hill & Margo Stevens File RZ-99-023 (Agricultural, Residential - 1 du/acre) Zoning District. The properties adjacent to the subject property within the immediate area lying east of Christensen Road are designated with an AR-1 (Agricultural, Residential - 1 du/acre) Zoning District. The property lying north and south of the subject property is designated with an AR-1 (Agricultural, Residential - 1 du/acre) Zoning District. The property lying west of the subject property (Palm Lakes Gardens) is designated with a PUD (Planned Unit Development) Zoning District. This PUD received final site plan approval in 1990 and proposed a density of 1.9 du/acre. Based upon the established density of 1.9 du/acre to the east of the subject property, the proposed RE-2 (Residential, Estate - 2 du/acre) Zoning District would be compatible within the surrounding area. The applicant applied for a building permit to construct a single-family residential unit on the subject property. At that time, the building department indicated that the lot did not meet the minimum standards, for lot width as required in the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District, resulting in an unbuildable lot. The AR-1 (Agricultural, Residential - 1 du/acre) Zoning District requires a minimum lot width of 150 feet. The existing lot is 149.37 feet in width, which is approximately 8 inches less than the required 150 feet. The least intensive zoning district that would allow for the existing lot to be buildable is the RE-2 (Residential, Estate - 2 du/acre) Zoning District. This zoning district designates the minimum lot width to be 100 feet. 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 applicant has requested the rezoning in order to allow an existing unbuildable lot to become a developable lot. In addition, the RE-2 (Residential, Estate - 2 du/acre) Zoning District is consistent with the surrounding properties to the east. This area was developed at a density of 1.9 du/acre. The subject property is designated with an RS (Residential Suburban) land use designation. Policy 1.1.1.1, of the Future Land Use Element, designates the following intensity for the RS (Residential Suburban) land use: a maximum density of 2 du/acre. 3. Whether and the extent to which the proposed zoning is consistent with the existing and proposed land uses; sw- 0 October 13, 1999 Page 4 Petition: Jerry Hill & Margo Stevens File RZ-99-023 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: Surrounding Use Land Use Zoning North Single-family residence RS (Residential Suburban) AR-1 (Agricultural, Residential - 1 du/acre) South Single-family residence RS (Residential Suburban) AR-1 (Agricultural, Residential - 1 du/acre) East Palm Lakes Gardens Subdivision RS (Residential Suburban) PUD (Planned Unit Development - 1.91 du/acre) West Vacant Land RS (Residential Suburban) AR-1 (Agricultural, Residential - 1 du/acre) The area in which the subject property is located is primarily designated as AR-1 (Agricultural, Residential - 1 du/acre) Zoning District. The properties adjacent to the subject property within the immediate area lying east of Christensen Road are designated with an AR-1 (Agricultural, Residential - 1 du/acre) Zoning District. The property lying. north and south of the subject property is designated with an AR-1 (Agricultural, Residential - 1 du/acre) Zoning District. The property lying east of the subject property (Palm Lakes Gardens) is designated with a PUD (Planned Unit Development) Zoning District. This PUD received final site plan approval in 1990 and proposed a density of 1.9 du/acre. Based upon the established density to the east of the subject property, the proposed RE-2 (Residential, Estate - 2 du/acre) Zoning District would be compatible within the surrounding area. 4. Whether there have been changed conditions that require an amendment; A number of years ago, the adjacent property was developed with a single-family residential unit. Upon completion of the residential unit and an "as -built" final survey, an encroachment was identified in which the house constructed on the adjacent lot was actually constructed on a portion of the subject lot. During negotiations, the property owners filed a lot line adjustment with the Clerk of the Courts (without going through the County Building, Zoning or Planning Departments), which solved the immediate problems with the lot line encroachment. Since that time, both lots have been sold to new owners. As a result of the lot line adjustment, the new owner upon attempting to develop the existing vacant lot was told that the lot did not meet the minimum standards, for lot width as required in the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District, resulting in an unbuildable lot. Because the problem was created by the previous lot owner, it does not meet the standards for a variance. The applicant has stated that the adjacent property owner's have been unwilling to sell additional width to this parcel. n M October 13, 1999 Page 5 Petition: Jerry Hill & Margo Stevens File RZ-99-023 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 rezoning of the property is not expected to create significant additional demands on any public facilities in this area. The area under question is not serviced by public water or sanitary sewer. At the time of development, the applicant will be required to insure that water and sewer are provided for the subject property. 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 is proposing to develop the subject property as a single-family residence, which will be consistent with the surrounding natural environment. 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 existing lot is considered to be undevelopable because of a lack of lot width. The rezoning request will ensure that the lot can be developed. The development pattern occurring in this area is primarily single-family residential in nature. The applicant's request to change the zoning will further the existing development patterns. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. The petitioners, Jerry Hill and Margo Stevens, have requested this change in zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RE-2 (Residential, Estate - 2 du/acre) Zoning District in order to develop the subject property with a single-family residential unit. The rezoning is necessary in order for the existing lot to become buildable. The proposed n n October 13, 1999 Page 6 Petition: Jerry Hill & Margo Stevens File RZ-99-023 RE-2 (Residential, Estate - 2 du/acre) zoning district is compatible with the existing RS (Residential Suburban) land use classification. A number of years ago, the adjacent property was developed with a single-family residential unit. Upon completion of the residential unit and development of an "as -built" survey, an encroachment of the residential unit on the adjacent property was identified. During negotiations between the property owners, a lot line adjustment was filed with the Clerk of the Courts (without going through the County) which solved the immediate problems with the lot line encroachment. Since that time, both lots have been sold to new owners. Upon the new property owner filing for a building permit to construct a residential unit on their lot, they were informed that the lot did not meet the minimum code requirements for the AR-1 (Agricultural Residential - 1 du/acre) Zoning District, specifically the minimum 150-foot lot width. Because the problem was created by the previous low owner, it does not meet the standards for granting a variance. The applicant has stated that adjacent property owners have been unwilling to sell additional width to this parcel. _ Since that time, the applicant requested the proposed change in zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RE-2 (Residential, Estate - 2 du/acre) Zoning District. Approval of this zoning will insure that the existing lot is buildable. 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: Jerry Hill and Margo Stevens. File SW-11 ter/ G. RE-2 RESIDENTIAL. ESTATE - 2 1. Purpose Section 3.01.03 Zoning District Use Regulations The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum gross density of two (2) dwelling units per acre, together with such other uses as may be necessary for and compatible with low density residential surroundings. The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number. 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Family day care homes. (ens) b. Family residential homes provided that such homes shall not be located within a radius of one thousand (1000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (ees) C. Single-family detached dwellings. (ees) 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations - Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking Requirements Off-street parking requirements shall be in accordance with Section 7.06.00. 6. Conditional Uses a. Bed & Breakfast Residences - Subject to the requirements of Section 7.10.20. (eas) b. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. mg) C. Telecommunication towers - subject to the standards of Section 7.10.23 (e9e) 7. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and including the following: a. Guest house subject to the requirements of Section 7.10.04. (ees) b. Horses, subject to the requirements of Section 7.10.03. (eee) Adopted August 1, 1990 104 Revised Through 09/07/99 • OO Section 3.01.03 Zoning District Use Regulations E. AR-1 AGRICULTURAL, RESIDENTIAL - 1_ 1. Purpose The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum density of one (1) dwelling unit per gross acre, together with such other uses as may be necessary for and compatible with very low density rural residential surroundings. The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Family day care homes. (m) b. Family residential homes provided that such homes shall not be located within a radius of one thousand (1000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (s) C. Single-family detached dwellings. (ees) 3. Lot Size Requirements _ Lot size requirements shall be in accordance with Table 1 in Section 7.04.00. _ 4. Dimensional Regulations Dimensional requirements shall be in accordance with Table 1 in Section 7.04.00. 5. Off-street Parking Requirements Off-street parking requirements shall be in accordance with Section 7.06.00. 6. Conditional Uses a. Crop services (on) b. Family residential homes located within a radius of one thousand (1000) feet of another such family residential home. (m) C. Industrial wastewater disposal. (ees) d. Kennels - completely enclosed. (ww) e. Landscaping & horticultural services (ole) f. Retail: (1) Fruits and Vegetables. (543) g. Riding stables. (7m) h. Veterinary services. (074) i Telecommunication towers - subject to the standards of Section 7.10.23 (m) 7. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Agriculture (farms and ranches accessory to single-family detached dwelling). (olroz) b. Animals, subject to the requirements of Section 7.10.03. (ees) Adopted August 1, 1990 101 Revised Through 09/07/99 u Section 3.01.03 Zoning District Use Regulations C. Guest house subject to the requirements of Section 7.10.04. (ee) d. Mobile Home subject to the requirements of Section 7.10.05. (9w) e. Retail and wholesale trade - subordinate to the primary authorized use or activity. Adopted August 1. 1990 102 Revised Through 09/07/99 m ITEM NO. 4 - B DATE: 11/23/99 CONSENT [ ] REGULAR [ PUBLIC HEARING [ X ] Leg.[ ] Quasi-Jud. [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: �Q SUBMITT ED BY: Community Development— a . '"Ve'g�. ' • ^� unity Development Director S1TA.TF_T• Request for a Conditional Use Permit for property located at 8455 Orange Avenue to allow farm products warehousing and storage in the AG-1 (Agricultural - 1 du/acre) Zoning District. - Draft Resolution 99-197 Petition of DFR, LLC. (Steve Tierney, Agent) for a Conditional Use Permit to allow Farm Products Warehousing and Storage in the AG-1 (Agricultural - 1 du/acre) Zoning District. (File Number: CU-99-007) N/A DREVTOUS AC'TTON: The Planning and Zoning Commission, by a vote of 8 to 0, with 1 member absent (Mr. Trias), recommended approval of the Conditional Use Permit at its October 21, 1999, meeting. RFrOMMENDATION: Approve Draft Resolution 99-197, approving the Conditional Use Permit to allow farm products warehousing and storage in the AG-1 (Agricultural - 1 du/acre) Zoning District for property located at 8455 Orange Avenue. VOMMTSSTON ACTION: [X ] APPROVED [ ] DENIED [ ] OTHER: Tg�tas nderson Vote: 5-0 istrator Review and Approvals County Attorney: Management E. Budget: Purchasing: Originating Department: Other: Other: Finance: (Check for Copy only, if applicable) COUNTY COMMISSION REVIEW: November 23, 1999 Resolution 99-197 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: November 17, 1999 Subject: Petition of DFR, LLC. (Steve Tierney, Agent) for a Conditional Use Permit to allow Farm Products Warehousing and Storage in the AG -I (Agricultural -1 du/acre) Zoning District. (File Number: CU-99-007) The proposed conditional use permit for property located at 8455 Orange Avenue is to allow Farm Products Warehousing and Storage in the AG-1 (Agricultural - 1 du/acre) Zoning District. Farm Products Warehousing and Storage is allowed as a conditional use in the AG-1 Zoning District, subject to Board of County Commissioner approval. At the October 21, 1999, public hearing on this matter, the St. Lucie County Planning and Zoning Commission voted 8 to 0, with 1 member (Mr. Trias) absent, to recommend approval of this request for a Conditional Use Permit as set forth in Draft Resolution 99-197, subject to the following conditions: 1. The subject property shall be restricted to allow for farm products warehousing and storage only. 2. The entrance to the facility shall be designed to provide for safe ingress and egress. 3. All required off-street parking spaces, access aisles, vehicular use areas, and off-street loading areas on the subject property shall be constructed with an all weather surface meeting the requirements of the St. Lucie County Public Works Department. 4. All lighting on the subject property shall be directed on -site. 5. Landscaping shall be provided in accordance with Section 7.09.00 of the St. Lucie County Land Development Code and shall be designed in order to provide an adequate nosie barrier from adjacent properties. This proposed conditional use permit 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 policies of the St. Lucie County Comprehensive Plan. Attached is a copy of Draft Resolution 99-197, which, if approved, would grant this request for a Conditional Use Permit. M 0 November 17, 1999 Page 2 Staff recommends approval of Draft Resolution 99-197. SUBMITTED: J a Shewchuk, AICP mmunity Development Director hf cc: Steve Tiemey, Esq File Petition: DFR, LLC. File No.: CU-99-007 M V 1 RESOLUTION 99-197 2 FILE NO.: CU-99-007 3 4 A RESOLUTION FOR A CONDITIONAL USE 5 PERMIT TO ALLOW FARM PRODUCTS 6 WAREHOUSING AND STORAGE IN THE AG-1 7 (AGRICULTURAL - 1 DU/ACRE) ZONING 8 DISTRICT FOR PROPERTY LOCATED IN ST. 9 LUCIE COUNTY, FLORIDA. 10 11 12 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on 13 the testimony and evidence, including but not limited to the staff report, has made the 14 following determinations: 15 16 1. DFR, LLC. (Steve Tierney. Agent), presented a petition for a 17 Conditional Use Permit to allow farm products warehousing and 18 storage in the AG-1 (Agricultural - 1 du/acre) Zoning District for the 19 property described below. 20 21 2. On October 21, 1999, the St. Lucie County Planning and Zoning 22 Commission held a public hearing on the petition, after publishing 23 notice at least 10 days prior to the hearing and notifying by mail all 24 owners of property within 500 feet of the subject property, and 25 recommended that the Board of County Commissioners approve the 26 hereinafter described request for a Conditional Use Permit in the AG- 27 1 (Agricultural - 1 du/acre) Zoning District for the property described 28 below. 29 30 3. On November 23, 1999, this Board held a public hearing on the 31 petition, after publishing a notice of such hearing and notifying by mail 32 all owners of property within 500 feet of the subject property. 33 34 4. The proposed Conditional Use is consistent with the goals, objectives, 35 and policies of the St. Lucie County Comprehensive Plan and has 36 satisfied the requirements of Section 11.07.03 of the St. Lucie County 37 Land Development Code. 38 39 5. The proposed project will not have an undue adverse effect on 40 adjacent property, the character of the neighborhood, traffic File No.: CU-99-007 Resolution 99-197 November 23, 1999 Page 1 conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 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 November 23, 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 DFR, LLC. (Steve Tierney, Agent) to allow farm products warehousing and storage in the AG-1 (Agricultural - 1 du/acre) Zoning District is granted for the property described below, subject to the following conditions: 1. The subject property shall be restricted to allow for farm products warehousing and storage only. 2. The entrance to the facility shall be designed to provide for safe ingress and egress. 3. All required off-street parking spaces, access aisles, vehicular use areas, and off-street loading areas on the subject property shall be constructed with an all weather surface meeting the requirements of the St. Lucie County Public Works Department. 4. All lighting on the subject property shall be directed on -site. 5. Landscaping shall be provided in accordance with Section 7.09.00 of the St. Lucie County Land Development Code and shall be designed in order to provide an adequate nosie barrier from adjacent properties. B. The property on which this Conditional Use Permit is being granted is described as follows: File No.: CU-99-007 Resolution 99-197 November 23, 1999 Page 2 rr/ 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 THE WEST % OF THE WEST % OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; LESS AND EXCEPTING THEREFROM ROAD AND CANAL RIGHTS -OF -WAY (TAX ID#: PART OF 2311-312-0002-00013) SAID LANDS CONTAIN 10.22 ACRES. (Location: 8455 Orange Avenue) C. This Conditional Use Permit approval shall expire on November 23 2000, unless a zoning compliance is obtained or an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code. D. The Conditional Use Permit approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, DFR, LLC. (Steve Tierney, Agent), including any successors in interest, shall obtain all - necessary permits and authorizations from the appropriate Local, State, and Federal regulatory authorities, including but not limited to; 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 or authorizations to commence development activities on the property described in Part B. E. 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 Section 11.07.05(F) of the St. Lucie County Land Development Code, a new certificate of capacity shall be required. F. The St. Lucie County Community Development Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map 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.: CU-99-007 November 23, 1999 Resolution 99-197 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 Chairman John D. Bruhn XXX Vice -Chairman Frannie Hutchinson XXX Commissioner Paula A. Lewis XXX Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX PASSED AND DULY ADOPTED this 23' day of November 1999. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman APPROVED AS TO FORM AND CORRECTNESS: hf H:\WP\RESOLUTI.N\FINISHED.99\DFR.CU\DFRRES.wp File No.: CU-99-007 November 23, 1999 County Attorney Resolution 99-197 Page 4 -+409— z m E m v c C1 N N E 0' U � °e E O tam E a V) C) �� 4 o E Waif O 0 a n � G a°tId V 0 o P N U P s� rNt # r►"' V w a C t� V J > 6✓" • ♦ p p t O f o w ac 9 3is AM Nr Is yr Q PA a MOM i W W A rc w au vu ■ � ar u rv3.n DOratl N1M770uB 0 z U Z) arou W" 0 ou 3w3 32"V w U arou a cr ui avow ivrn3 U3ar3N W y < 0u O IDN W30 us r p n Q '^ 11~yy ! � � araN 033NS avow wlwri K C L Z K•3 WW3 (�L {y V 6' S Y£ 1 S S£ 1 S 9£ 1 KLNf100 3380HO33NO Zoning ,%'' DFR, LLC � CU 99-008 Community Development Geographic Information Systems 7-1 This pattern indicates Map rid September 29,19% subject parcel..-��-��--•��---°--� ;. :�::.a, , : N 1%10 DFR, LLC Land Use n West Avenue "C" f ,f f ,I, �lel, f It elf o • e • ,t 9 •I¢ /, I' a II+ � 1 U West Avenue "B" v CO M P/F o � V 0 f � f l• :l tl � a tl, 4 „ b 91/1,1 a It Is ZI. , I I WNe"d Drive 45 Orana Avenue T/U ��► MXD- Orange - Ave -' RU N.sI.N.W.Y.o. RS C U 99-008 y Community Development Geographic Information Systems This pattern indicates Map mvwed sea29.+999 subject parcel. PUBLIC HEARING DFR, LLC FILE NO. CU-99-008 Mr. David Kelly presented staff comments. Mr. Kelly stated that this is the application of DFR, LLC for a conditional use to allow farm products warehousing and storage in the AG-1 zoning district. At the time, the packets were distributed last week, staff had recommended a denial of the petition. Subsequent to that distribution, Staff met with Mr. Tierney, DFR, LLC representative, and worked to clarify the particular uses being proposed. Subsequently, staff has changed their position and is now recommending approval. Mr. Kelly further stated that each Board Member would find an amended staff report on the dias. The location of the subject property is at 8455 Orange Avenue. Staff has reviewed the application and determined that the proposed use of staging refrigerated containers with citrus fruit in them, complies with "farm products storage". Staff is now recommending approval. Chairman Wesloski asked if there were any questions for Mr. Kelly. Mr. Moore asked if the use is a substitution for staging of tractor trailers for storage and now they are saying they are refrigerated units. Mr. Kelly stated it was staff s understanding early on from the descriptions, that it was a more general trucking operation which would be better located in the IL Zoning District. The applicant has clarified that it will be citrus fruit and refrigerated containers and that use clearly falls under the definition of storage of agricultural products. Mr. Moore asked if staff was concerned that a lot of tractor trailers would be coming in and out of the property instead of the property being utilized just as storage. Mr. Kelly stated that in either case you will have a lot of tractor trailers. That is the nature of the business to move the trailers. The concern was to verify that it was an agricultural operation and not a more general trucking operation. Mr. Matthes asked if the utility next to the subject property was the gas company located on Orange Avenue. Mr. Kelly verified that Mr. Matthes was correct. Chairman Wesloski asked if the applicant was present and would like to address the Board. Planning & Zoning Commission/ August 19, 1999 Local Planning Agency Page 9 �rI Mr. Steve Tierney, from the firm Neill, Griffin, Jeffries, Fowler, Tierney, 311 South Second Street, Fort Pierce, representing, DFR, LLC, the owner of the property on Orange Avenue west of King's Highway. Mr. Tierney stated that the applicant was requesting the conditional use to allow a commercial/agricultural enterprise. It is an enterprise that is compatible and in fact advantageous to productive agricultural surroundings. The idea behind the enterprise, is a very efficient way to market citrus fruit overseas. The subject property is located 0 .7 miles and one intersection away from I-95. A grove owner would be able to call and say I want a container of fruit to go to Korea, and would have the ability to obtain a refrigerated container and have it sealed after being filled. Then the container would either be brought back to the site or taken directly to I-95 for a specific destination. There are a couple of the same type of operations in Indian River County. We are proposing one that will be better, because it is closer to I-95 and to the groves. Exporters and Foreign importers are very excited about the operation and more importantly, local growers are excited about the operation. It appears that the Kings Highway/Orange Avenue area has become a transportation hub. The truck stop already generates a significant amount of traffic. Based upon what is existing and the zoning designations, we feel that this area should probably an agricultural/transportation hub. Mr. Tierney further stated that it makes sense from both a land use and zoning perspective for the area be an agricultural enterprise and specifically this piece of property. It has frontage on Orange Avenue and a gas utility company next door which would rule out any real residential use for the property. There is a feed store next door and across the street a correctional facility. Locally, even though the truck stop generates a fairly large amount of traffic, there isn't a major transportation problem, due to the location of I-95. This project will generate some truck traffic, but it will be a minute portion in comparison to the truck stop. But it doesn't cause a problem because the trucks go nowhere but I-95 and down King's Highway to the Turnpike. Mr. Tierney stated that the location is an ideal place for a grove service that is needed in the area and will benefit the immediate area and the entire county. Therefore, we request that you follow the staff recommendation and forward this item to the Board of County Commissioners with a recommendation of approval. Mr. Tierney introduced Mr. Fred Watson and Mr. Bud Welch, representatives of DFR, LLC. He stated that they will be available to answer any questions that the Board may have. Chairman Wesloski asked if there were any questions for Mr. Tierney. Ms. Dreyer asked Mr. Tierney to clarify if the use will be primarily a location where the refrigerated containers would be or is it also a trucking business itself. Planning & Zoning Commission/ Local Planning Agency EEr^77 August 19, 1999 Page 10 �kr► Mr. Tierney stated it is a trucking business only for agricultural products. The idea is that it is a place where a grove owner says "I'm packing, I want this truck to go to Japan, they call up the business and get a container right then to pick up the fruit and get sealed at the grove or packing house, and then either bring it back to the subject property to wait for another driver to take it away or they can take it directly to the port. By having the containers readily available, they can immediately meet the needs of the grove owners." Mr. Lounds asked Mr. Tierney how long he had lived in St. Lucie County. Mr. Tierney stated he has resided in the County since 1957. Mr. Lounds then requested that Mr. Tierney share with the Board the name of the companies that the containers belong to. Mr. Watson, Priority Transportation responded by stating that Priority Transportation is a trucking company. The containers, that will be loaded with the citrus, belong to several different steamship lines, Hodges, OOCL and NYK, for example. There are different ones, that go out of different ports. Jacksonville, Florida, Charleston, South Carolina, and also Savanna, Georgia. We have terminals right now in Savanna and Jacksonville. In the very near future, an additional terminal will be opened in Charleston. Mr. Lounds stated that he understands what the company is proposing to do. Mr. Lounds further stated that the containers do not go to the groves, they go to the packing houses, not to the growers. They leave that packing house loaded. Mr. Watson stated that most of the packing houses are in the groves. Mr. Lounds stated that most of the packing houses in St. Lucie County and Indian River County are located up and down US Highway One. Mr. Lounds asked Mr. Watson if they are currently doing business in the proposed location. Mr. Watson responded that they are currently not operating out of this location. Mr. Watson further explained that they had just recently purchased the property. Mr. Lounds asked if Maersk was the companies biggest competitor. Mr. Watson stated that Maersk is a steamship line that handles their shipping out of Miami. Mr. Lounds stated that Maersk had just opened a terminal out of Fort Pierce. Mr. Watson stated that he was not aware of that. He further stated that Maersk trucking company is contracted by the steamship line, which is Maersk, to haul their containers. He further stated that he noticed a lot of Maersk containers along Orange Avenue adjacent to the roadway. U?, m t! , '� ,' 9 r1 August 19, 1999 Planning & Zoning Commission/ 14V�� Page 11 Local Planning Agency ' P`u 1P, rr **.01 '140 Mr. Lounds asked if that the proposed business would be utilizing the same type of containers. Mr. Watson said the containers and vehicles would be the same. Mr. Lounds asked whether or not Gibney previously used the property for the storage of trailers. Mr. Watson stated that was correct. Mr. Lounds stated he had several problems with what the applicant is asking to do, not with how they are going to do it but, with it being there. The agricultural industry needs a quality service. He stated he hopes it turns out to be better than what Maersk has done on Orange Avenue. Mr. Watson stated that they have bought their property. The business is going to be part of the community. The company further wants their operation to reflect positively on them. He further stated that they do not want their operation to be known as a "mud -hole" operation. Mr. Lounds stated that their competition has that reputation. Mr. Lounds asked what the company does in the off season with the facility. Mr. Watson stated the drivers will be running out of the Savanna Office on a year-round basis. Mr. Lounds asked Mr. Watson if the company did anything in the vegetable market. Mr. Watson stated they only work in the citrus market. Mr. Lounds asked if when a container is hauled back to the subject property, will it be full of citrus, or is it your intention not to haul it the containers straight to I-95. Mr. Watson said some containers will be full some won't. When a driver takes a load to Savanna, their terminal up there will pull out an empty. If they come in late, the driver will drop off the full container and pick up an empty container and bring it back here. If the company gets an order before he arrives, the driver will go straight to the packing house and have the container loaded. If they don't get an order, he will bring the empty container to the subject property and pick up a full container. Mr. Lounds asked how many reefer units are going to be running on the property, at one time. Mr. Watson stated that what they call us and tell the number of reefer units necessary, if they call during the day, a driver will automatically be dispatched to the packinghouse. Mr. Lounds asked if there were going to be reefer units running on the property, getting chilled, 24 hours a day. Planning & Zoning Commission/ August 19, 1999 Local Planning Agency Page 12 f rr/ Mr. Watson stated the reefers can be chilled in less than an hour. Mr. Lounds stated that he is concerned with the noise of the reefers running all night long, disturbing the existing neighbors in the area. Mr. Lounds stated he is also concerned about the ingress and egress on Orange Avenue. It is constructed like King's Highway there are no proper turning lanes. It is a narrow road. Mr. Lounds asked Staff if they had any concerns with the traffic at this time. Mr. Kelly stated that it clearly is a concern, but a minor concern when looking at the development of Orange Avenue. There are a lot of different type of uses in the area at this time. We didn't make an issue of it at this time. Mr. Lounds stated that he is not upset with what they are trying to do. The business is one that is needed in this county. He further stated he would like to see it here in St. Lucie County rather than the company go to Indian River County. Part of his problem is that it has been presented as growers, and growers don't pack, the packinghouse packs the fait, when those units leave there, they are hooked to the frames and on their way to a specific port. Mr. Lounds further stated he had concerns over the noise. Mr. Kelly stated that as this is a conditional use, conditions may be placed on the petition. Mr. Lounds stated that he wouldn't want to restrict the operation as to the company not being able to chill a container at 3:00 a.m. when it is needed at the packinghouse at 6:00 a.m. It is needed there for a reason. The container is going to leave out of there with produce that keeps people in business, in St. Lucie County. I think you should provide some consideration in landscaping the site in order to dampen the noise. I think the ingress and egress should be conducive to the narrow roads. Lighting in the area should be looked at in order to not be detrimental to the existing residential neighborhood. Mr. Lounds further asked that the company not go to someplace else, St. Lucie County needs the business. The container business is very viable and is needed in the two County area (St. Lucie and Indian River counties). Mr. Lounds further stated that the company needs to share openly with staff what they are going to do. It is not going to a grove, to be packed, it is going to packinghouse. Ms. Dreyer asked staff if it was the Eckerd site previously had been noted to have the potential for having a trucking company on it. Mr. Kelly confirmed that Ms. Dreyer was correct. Planning & Zoning Commission/ August 19, 1999 Local Planning Agency Page 13 0 M Ms. Dreyer stated one of the reasons for approving the Eckerd School site was that the Board told the neighbors that it could be much worse, by putting a trucking company there. Ms. Dreyer stated that she was still not clear whether this was a warehousing operation or a trucking operation. Mr. Kelly stated although the storage would be for a short time, the primary use is to store citrus in a refrigerated container until it can moved. Mr. Watson stated that the tractors will not be parked there, they will be on the road. Ms. Dreyer asked if it would only be the containers that are stored there. Mr. Watson confirmed that she was correct. Ms. Dreyer stated she also felt the business was very much needed in this county. She stated she would like to see some significant setbacks so that the noise would not be a problem to the neighbors across Orange Avenue, and some additional controls to keep those adverse effects from impacting the residences. Mr. Watson stated that currently their fence is setback approximately 35 - 40 feet from the road. Ms. Dreyer asked what was planned for the back portion of the property. Mr. Watson stated that at this time, they have only planned to utilize the front 10 acres of the property. Mr. Grande asked whether or not this was a storage and staging area for containers. It sounds like they will very rarely actually have citrus stored on the property. Mr. Watson stated that the containers would have citrus in them a lot of times, a lot of times they would not. Mr. Grande asked if they had any feel as to the number of containers that would be stored on the site. Mr. Watson stated that did not know at this time. Mr. Merritt asked if the company would consider putting a landscaping screen across the front, with trees that could absorb sound. Mr. Watson stated they would certainly be willing to do this. Mr. Merritt also asked if the company would be shipping concentrate or fresh juice. '�9 ;` S"° 'f 1 Au ust 19, 1999 Planning & Zoning Commission/ g Local Planning Agency Page 14 �! P %✓ 'r0 Mr. Watson stated that they are not shipping it from St. Lucie County. They do ship it directly out of their Savanna Office. Mr. Lounds asked if you pick up a container of grapefruit of 4/5 cartons and it is chilled and ready to go to Savanna. Is it going to sit on the lot very long? Mr. Watson stated it would not sit on the lot very long. Mr. Lounds further asked for clarification on whether or not storage would be on the lot for very long. Mr. Watson stated that there may be a container there anywhere from 12 to 48 hours. Mr. Lounds asked staff if storage of agricultural and farm products is defined as 24 to 48 hours. Mr. Kelly stated you and the Board had hit on staff s confusion very early on. Staff came to the conclusion that we are dealing with something that is pretty much a hybrid. Something that is new and was not anticipated when we prepared the Land Development Code. But it is something that is a bonafide agricultural service that probably ought to be allowed in the agricultural area as a conditional use. Mr. Lounds asked if there is another classification with which this item would At. Mr. Kelly stated that Staff did not find one. Unless we simply say it is a trucking operation, and it belongs in IL. Which is really not where we want it to go. Mr. Lounds asked staff if Orange Avenue between I-95 and Jenkins Road was a County or City roadway. Mr. Kelly stated it was a county roadway. Ms. Dreyer stated she did not enough about the operation to set out conditions. She further stated that she felt there are some limitations that might be needed on the project. She stated that she did feel that it was clearly an operation of storage and warehousing of agricultural products only. Mr. Kelly stated that the Board could direct staff to work with the applicant to bring a reasonable solution to the County Commission on the issues raised during the public hearing: noise, surface, landscape, ingress and egress onto Orange Avenue, lighting, narrowness of Orange Avenue. Mr. Lounds stated that the surface on the property will need to be a very stabilized surface or the movement of trucks within the property would deteriorate. Mr. Watson stated that they have plans to stabilize the property. Planning & Zoning Commission/ �^' '' August 19, 1999 Local Planning Agency F .. Page 15 F., 0 Ms. Dreyer stated that she would like condition to the be storage of agricultural products only. 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. Chairman Wesloski asked what would be the pleasure of the Board After considering the testimony presented during the public hearing, including staff comments; and the standards of review as set forth in Section 11.06.03, St. Lucie County Land Development Code, Mr. Lounds moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of DFR, LLC for a conditional use permit to allow farm products warehousing and storage in the AG-1 (Agricultural - 1 du/acre) Zoning District with considerations from Staff s conditioning. Mr. McCurdy seconded the motion, and upon roll call the motion was approved 8-0. Chairman Wesloski stated that the petition would be forwarded to the Board of County Commissioners with a recommendation of approval. Planning & Zoning Commission/ August 19, 1999 Local Planning Agency Page 16 *404 AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, NOVEMBER 23, 1999 7:00 P.M. Petition of DFR, LLC, for a Conditional Use Permit to allow farm products warehousing and stroage in the AG-1 (Agricultural -1 du/acre) Zoning District for the following described property: (Location: 8455 Orange 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 November 10, 1999. Legal notice was published in the Port St. Lucie News and the Tribune newspapers of general circulation in St. Lucie County, on November 11, 1999. FILE NO. CU-99-008 `` 0, V 3: JERRY HILL.AND AND MARGO r• t STEVENS (HOYT C. MURPHY, INC:;=AGENT), for a Change in Zoning from'the AR-1 (Agikultural, '• x,, +gyp. �,..:` D 2 The News, Thursday, NOX91TI eM 1;r1999. ` Residenfl4 1 'du/0") Zoning J)isfrid to dls RE-2 (Residential,. Estate -. 2 du/acre) Zoning District jor + the.. 401.1awing' described 'b5 feet of -the North ST LUCIE COUNTY BO(�Rp < `� pF�{OUNn/zj + yi s 991 4 feet o the Wert 'A of the NW 1/4'of the SE 1/r of; Section 32 *South, CC1(,AI�ISSIONkRS - Township 35 Range 40 post, PUBLIC (�IErl1-RIRG AGE4D,�•�_114. St. Ludt CooMy.Flarfdc; excepting NOVEMBER 23 1999•., my for pubNc `one TO WHOM IT Y, CO f roads and cl a canals f� ion all of Idnd desaibed in s Bock NOTICE k)1 �9hpriwX ! accordance with Section 1,irdO Q3 659 pe •• 9r30f the Public Records --County, Flori-. of the St.. usb L' COUP R'` opment Cods and In "nos of,St- described with the provisions of the St. Lucia i ,. `t*cohW � in blfidal Recortls 1923 of County; ComPlehenshre,.Plan,,.I*— the' followln a Itonts t�'G 9 PP1 h . e .� 1 ��St. Lucia requested t�atths Stlude Crou!l Board W Co `CotMlissforiers: Cry na'rd plso- lying south of:the north line of property consider their,raquest.as Eo)bws described in ofeaa) Rear 493, : page. 1737, of .the Public - 1 9NG-.PART►9RS, 1NC'jijip Records of St. Lucie Camy;. Fbri- , ''(Tax MAS LUCIDO d „ASSOCIATES, d a . � I': D . , N o . 2432-423.0001-010/2). AGENT),lar p Chaps iq Zoniip from the RS-3 (RasldenN61� Single= (L°�im- � �e of Chrtstensen Famil '-3du (Z Dlklct y / onfn0 Road, approximately 0.80 .mile .',` to the RM-9 (ResidspHal, MuINp(e- north of West Midway Rood) , Family - 9, du/actej Zoning DIsMd for; the following described PUBLIC HEARINGS w81 be held In.the tanttylC«nmiuibn'Cham pro Section :1 RTowps)iip 3x Souls; bers, 3rd floor of the Roger PoRto's Range,40.1ast, S :1udA Garden;; )C•.• /ldminfstrat(gn�: Mnix:. Buiiding. 2300 Virginia Aysinue, Fort Pierce, Block l;'Lah l $ l4 and 1.6..`(Tox i D Nos.: 3414-501-3513-00.0/8, •Florida on 'November' 23, 1999, 3414.501.3514 D5.0%0 3414• beginning of .7 00 PM or as soon ,. 501-3514 100/b and ��fOSpossible' 3414-501-3516 QQ9/• '• ' •No AnyonewMh o disability requir=' inn accominodof(ai so.attend 'this (Location: ' West s e lennere i Road, approxiAaer")b.50' mire' meeting should contact the St. Lucie of Tiffany Avenue) �, �m� Services Man- ager at' 5611"6 ,1777. or TDD ager 2. DFR, LLC: ($TEVE: TIERNEY, 561/462.1426 at ledst forty-dght (48) hours prior to 164neeting.: AGENT), for a Condition) Use Permit Wallow fprm•produds'and PURSUANT :TO Section -PURSUANT the Zb -lr;Agsaii- wral 286.0105, Statides, ff a perms decides to appeal anyded- - -1sing a f ral _ e du ll o ingZ i e District for the. following 'described sion made by a board, agency; or I properly. commission with respect to. any 'or The West 'h of the West 'h of the matter considered of a meeting Ong•: he will need c record of NE 1/4of the SW % of Section 11' Township35 Ra 39,East,� South,`. -the Proceedings, and that, for. such St. Lucie County,. Florkfa; less and! 'road purposes,he may need to ensure . that o verbatim record of the pro - excepting therefrom and canal right-of-ways(Tax I.D. No. ceedings'is 'mode, which record ' ' '2311-312.0002-000/3)..` Includes ':the; testimony and am- dents upon which the appeal Is to (Location: 8455 Orange Avenue) be based. BOARD OF COUNTY COMMISSIONERS ST. LUCIE'COUNTY, FLORIDA CHAIRMAN Pub- Nov. 11,1999 .:: BOCC 2300 VIRGINIA AVENUE FORT PIERCE, FL 34982 ATTN.: JoANN RILEY THE0?,rffMBUIV E P.O. Box 69 Port Pisa, SL Lade County, Florida 34954-000 STATE OF FL.ORlDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared Maureen Saltzer- Gawel, or Cathi Revels, who on oath says that he/she is publisher, classified manager of The Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of the advertisement, being a PUBLIC HEARING AGENDA in the matter of three applicants have requested the Board of County Commissioners consider their requests, etc. was published in said newspaper in the issues of November 11, 1999 Affiant further says that The Tribune is a newspaper published at Fort Pierre, in said St. Lucie County, Florida, and that the said newspaper has heretofore been continuously published in St. Lucie County, Florida, each day and has been entered as second class mail matter at the post office in Fort Pierce. in said St. Lucie County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement: and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate. commission or refund for the purpose of securing this advertisement for publication in the said newspaper. s to and subscribed before me November 11, 1999 F c x. 4/2 -/2.102 ��• 34 ___,.,,/ � P.w.arLtlty Yatvrm 11 xlear LD. Notary Public ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS . s.. PUBLIC HEARING AGENDA, NOVEMBER 23, 1999 TO WHOM iT MAY CONCERN: NOTICE is hereby given In accordance with Section 11.00.03 of the St. Lucie County Land Development Code and In .accordance with the provisions of the St. Lucie County Comprehensive Plan, that the following applicants have requested that the St. Lucie County Board of County Commissioners consider their request as follows: ' 1. IM PARTNERS. INC. (THOMAS 'LUCOO Bc ASSOCiAjES, :. AGENT). for a Change in Zoning from the RS-3 (Residential; i single-Far;illy 3 du/atxe) Zoning: oishicl ,fo :lfne RI1 9 (Resident". Multiple•FameY - 9 du/gcae) Zoning bisMcf'foi the ialowing described ProPertY: , , SECTION 1. TOWNSHIP 37 SOUTH, RANGE 40.EAST SE Ukw_�:a.- GARDENS, BLOCK 1, LOTS,13. 14 AND 16. (TAX, d.O.:.NOS. 3414-501-3513-0(10/8, 3414-501-3514 0!40,; 3414-501-3514-100/6, AND 3414-501-35164KKV9)...: (Location: West side of Lenard Road.,appro�dmCdety 0.50 mile south of Tiffany Avenue) 2.. DFR. LL.0 (SIEVE TIERNEit: AGENT). for CaixBNo ial` l�se Perrrilt to allow farm products atd'warehousi i§ *V'1he AG-1 (Agricultural - 1 du/acre) Zoning DWd*a for -the.. following described property: THE WEST 1/2 of THE WEST Of THE NE It4 OF BE $N/, ii4 OF. s -SECWN 11.'TOWNSHIP 35 SOUTH, RANGE-39'FASL?SL�1LlCIEr' COUNTY, FLORKA LESS AND OLCEPTTNGrTHEREFROIA ROAD; AND . CANAL RIGHT-OF-WAYS.; '; . 1L[i•- 4,N0. 2311-312-0002-000/3). (Location: 8455 Orange Avenue) -3. JERRY HILL APO. MARGO STEVENS (HOYT C.-MURPHi4 1NG AGENI).for a Change In Zoning frontIhe -, A- (Agriadhxa. Residential - 1 du/cre).ZQt?kty Dtsttic .to tti�: RE-2 (Residential, Estate - 2 drr/acre)2oMn9.OMrIGtlorllie following described properly ; THE.SOl1TH 165 fEET.OF THE NORTH 991.4 FEET �QpFF IHELWESi ,1/2;DF',THE.NW;1/4 OF THE SE 114 OF;5ECi1GNt, TOWNSHIP 35 SOUTH, RANGE •40 EASL'SE tl)Cit R ORID& EXCEPIiNG THEREFROM RIGHTS fdF,� WAY'fOR' PUBLIC ROADS AND DRAINAGE CANALS_ AND 1711.CHE.Spz ,. .ALL. THAT PORTION OF LAND, DESCRIBED IN OFfICIAL: RECORDS BOOK 659, PAGE 930 OF THE PUBLIC RECORDS,;OF, SE 'LUCIE COUNTY,' `FLORIDA,'. LYING ;*.SMI F.WrOS.! DESCRIBED IN INSTRUMENT RECOREDAW0FFq_A GQfj�2EC;BOOK7.72. PAGE-1923 OF 1H6PUBLIC•E. QURICDESii COUNTY. FLORIDA, AND ALSO LYING: SOUTH; QF. iHEst IH� LINE.OF-PROPERTY DESCRIBED IN OFFlCIAI. RECORDS QJCi 493,- PAGE ..1737 OF THE PUBLIC RECORDS -PR FL_ COUNIX-RARIDA. -(WC TA, NO.2432-423-6(1014 (location: East side of Christensen Road,tt•E�C6a3?: Y approximately 0.80 mite nbtkrof.W@st %rd Midway Road) ' PUBLIC HEARINGS yAQ be held In the. County Commission- t (umbers. 3rd Boor of the Roger PoBras AdmW*allon Annex :, Building, 2300 Virginia Avenue, Fort Pieice-Fiotida ' W" November 23, 1999, beginning at 7:00 P.M. tx' c3~`sdSii -thereafter as possible. Anyone with a disability requiring accommodation to dtlend . this meeting should contact the St. luclq-` C§ nty, Gommuhity, Services Manager. at -561/462-17,77 oi?,TDD 561/462-1428 at least forty-eight (48) 'hours prior l to,";'the'. n;ee*V- i Aeddes' fo,apf5ed any decision made;by a 'V0a[a.'-. � qr commission with respect fo any matter 'ccr►sldered meet ng or hearing, he will need a record of the, proceuadrig find that, for such purposes, he may need; lo' erasure :lhaL:; yerballm record of the proceedings h made, wtilchy":taco! includesevidence the testimony and evidee upon which dhe'a1tiPe 9 to be based. BOARD OF COUNTY COMMISSIONERS SL Lt1CIE COUW`FLORIDA t /S/ PAULA A. LEWIS. CHAIRMAN Publish: November 11. 1999 n Vi TO: FROM: DATE: PLANNING AND ZONING COMMISSION REVIEW: 10/21/99 File Number CU-99-008 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT Planning and Zoning Commission Planning Manager O$ October 14, 1999 SUBJECT: Application of DFR, LLC. for a Conditional Use Permit to allow farm products warehousing and storage in the AG-1 (Agricultural - 1 du/acre) Zoning District. LOCATION: 8455 Orange Avenue ZONING DESIGNATION: AG-1 (Agricultural - 1 du/acre) LAND USE DESIGNATION: RS (Residential Suburban) PARCEL SIZE: 10.44 acre PROPOSED USE: Farm Products Warehousing and Storage SURROUNDING ZONING: AR-1 (Agricultural, Residential - 1 du/acre) to the east, northwest, and south. U (Utilities) to the west. CO (Commercial, Office) and CN (Commercial, Neighborhood) to the east. I (Institutional) to the northeast across Orange Avenue. CG (Commercial, General) to the north across Orange Avenue. SURROUNDING LAND USES: RU (Residential Urban) to the east, northwest, and south. T/U (Transportation/Utilities) to the west. COM (Commercial) and P/F (Public Facilities) to the north across Orange Avenue. The general use of the surrounding property is residential and agricultural. FIRE/EMS PROTECTION: Station #1 (2400 Rhode Island Avenue) is located approximately 5.5 miles to the south and southeast of the subject property. n E5 October 14, 1999 Page 2 UTILITY SERVICE: TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: SCHEDULED IMPROVEMENTS: TYPE OF CONCURRENCY DOCUMENT REQUIRED: Petition: DFR, LLC. File No.: CU-99-008 Utility service is provided by an on -site well and septic system. The existing right-of-way width for Orange Avenue is 95 feet. None at this time. 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 determinations: 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 does not conflict with the St. Lucie County Land Development Code. Section 3.01.03(A)(7), AG-1 (Agricultural - 1 du/acre) Zoning District, allows farm products warehousing and storage as a conditional use with Board of County Commission approval. Based on the applicants description to staff the applicant is proposing to have a business on the subject property primarily engaged in the staging of tractor trailers for the shipment of citrus. This type of business is more appropriately found in the IL (Industrial, Light) Zoning District under motor freight transportation and warehousing and is not included within this Conditional Use category. 2. Whether and the extent to which the proposed conditional use would have an adverse impact on nearby properties; The proposed use may be expected to adversely impact the surrounding properties. The subject property is located in an area of residential and agricultural uses. The M October 14, 1999 Page 3 Petition: DFR, LLC. File No.: CU-99-008 proposed use, the staging of tractor trailers for the shipment of citrus, is not consistent with the AG-1 (Agricultural - du/acre) Zoning District and the intent of the Land Development Code. 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 may be expected to create significant additional demands on the public facilities in this area. Before the establishment of a business, the applicant must demonstrate that the project will be served by adequate facilities. 4. Whether and the extent to which the proposed conditional use would result in significant adverse impacts on the natural environment; The proposed conditional use for the citrus shipping business must comply with all local, state, and federal regulations concerning its development and operation. Farm products warehousing and storage are allowed as conditional uses in this zoning district upon approval of the Board of County Commissioners. The applicant, DFR, LLC., has applied for the requested conditional use in order to establish a truck transportation business for the shipment of citrus. The proposed operation for the subject property does not meet the intent of the conditional use as set forth in the AG-1 (Agricultural - 1 du/acre) Zoning District. Farm products warehousing and storage is intended to allow businesses which are primarily engaged in the warehousing and storage of farm products and perishable goods under refrigeration. The proposed conditional use is more appropriately found in the IL (Industrial, Light) Zoning District under motor freight transportation and warehousing. The applicant believes that the business as described falls within the definition of the Conditional Use. The applicant filed this petition based on his own determination that the trucking operation was consistent with the Conditional Use. Staff finds that while this petition for a specific Conditional Use may meet the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code not conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan it will not meet the needs of the applicant. If the Conditional Use is granted, staff will not issue a zoning compliance for the business as described. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of denial. M October 14, 1999 Page 4 Please contact this office if you have any questions on this matter. Attachment hf cc: Steve Tierney, Esquire File Petition: DFR, LLC. File No.: CU-99-008 Section 3.01.03 Zoning District Use Regulations 3.01.03 ZONING DISTRICTS A. AG-1 AGRICULTURAL - 1 Purpose The -purpose .of this district .is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one (1) dwelling unit per gross acre. The number in "()"following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses a. Agricultural production - crops (m) b. Agricultural production - livestock & animal specialties (ot) C. Agricultural services ron d. Family day care homes. (m) e. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (9w) f. Fishing, hunting & trapping (og) g. Forestry toa) - h. Kennels. (0752) i. Research Facilities, Noncommercial (a») j. Riding stables. qm) k. Single-family detached dwellings. (m) 3. Lot Size Requirements Lot size requirements shall be in accordance with Table 1 in Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Table 1 in Section 7.04.00. 5. Off-street Parking and Loading Requirements Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. Conditional Uses a. Agricultural labor housing. (m) b. Aircraft storage and equipment maintenance. (4581) C. Airports and flying, landing, and takeoff fields. (4ea1) d. Family residential homes located within a radius of one thousand (1,000) feet of another such Adopted August 1. 1990 94 Revised Through 09/07/99 M Section 3.01.03 Zoning District Use Regulations family residential home. (ew) e. Farm products warehousing and storage. (422114222) f. Gasoline service stations. (5541) g. Industrial wastewater disposal. (ie) h. Manufacturing: (1) Agricultural chemicals (267) (2) Food & kindred products (zo) (3) Lumber & wood products, except furniture (24) i. Mining and quarrying of nonmetalic minerals, except fuels. (14) j. Retail trade: (1) Farm equipment and related accessories. (ee) (2) Apparel & accessory stores. (se) k. Sewage disposal subject to the requirements of Section 7.10.13. (M) 1. Telecommunication Towers - subject to the standards of Section 7.10.23 (ens) M. Camps - sporting and recreational. (7o32) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Mobile homes subject to the requirements of Section 7.10.05. b. Retail trade and wholesale trade - subordinate to the primary authorized use or activity. C. Guest house subject to the requirements of Section 7.10.04. (9w). _ Adopted August 1, 1990 95 Revised Through 09/07/99 16. - to (as {("o 00 a\ h 01 '~ N 00 �o�fV 'It C� 0\ v1 O, d' N 00 qlr M M N M r- O 00 N v1 N r- I-T)�o 0\ V M. 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[ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Community Development ' 641e d%GLc_. mmunity Development Director SUBJECT: Consider the Petition of Reserve Homes, Ltd., a Florida Corporation, for the establishment of the Reserve Community Development District #2, consistent with the requirements of the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes. BACKGROUND: Reserve Homes, Ltd., a Florida Corporation, has filed a petition with St. Lucie County for the the establishment of the Reserve Community Development District #2, consistent with the requirements of the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes. Chapter 190.005, Florida Statutes, provides that the exclusive and uniform method for the establishment of a Community Development District of less than 1,000 acres in size shall be pursuant to an ordinance adopted by the County Commission of the County having jurisdiction over the majority of land in the area in which the district is to be located . The Reserve Community Development District # 2 is proposed to occupy just over 510 acres. The area encompassed by the district is referred to as PUD II at the Reserve (excluding Development Parcels 15a and 17 at the Reserve) and the Mainstreet Village Subdivision, located at the intersection of Reserve Boulevard and Reserve Commerce Center Drive. The attached Exhibit B provides general location map for the boundaries of Reserve Community Development District # 2. It should be emphasized that at this time there are no existing occupied residential properties in this Proposed Reserve Community Development District # 2. Ultimately, development in this district will provide for 214 single family homes; 1,036 multi -family units; 150,000 square feet of commercial/office space and the 4`h golf course at the Reserve. The petition for the Reserve Community Development District #2 outlines the anticipated powers and responsibilities of this District. This district is being created for the purpose of financing the required infrastructure to permit the development of PUD II and the Mainstreet Village Subdivision. This infrastructure includes the projects stormwater management system; internal roadway systems, internal common landscaping areas and other miscellaneous internal improvements necessary to complete the physical development of this property. The estimated initial capital costs of these facilities is $ 4,000,000. Annual operating and maintenance costs will be determined as the facilities are completed. The initial capital costs are proposed to be financed through the issuance of special assessment or other revenue bonds that are backed by the non -ad valorem assessments of the properties within this district. Annual maintenance is anticipated to be funded through an annual assessment on each of the properties in this district. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends approval of Draft Ordinance 99-029, authorizing the establishment of the Reserve Community Development District #2. COMMISSION ACTION: [ X] APPROVED [ ] DENIED [ ] OTHER: Vote: 5-0 County Attorney: Originating Dept: Coordination/Signatures Mgt & Budget: Other: CONC NCE: DouglaV M. Anderson Count/Administrator Purchasing: Other: Finance (copies only): (AGEND482) *%W No COUNTY COMMISSION REVIEW: November 23, 1999 Ordinance No.: 99-029 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: County Commission FROM: Julia Shewchuk, Community Development Director DATE: October 27, 1999 SUBJECT: Petition of Reserve Homes, Ltd., a Florida Corporation, for the establishment of the Reserve Community Development District #2, consistent with the requirements of the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes. - LOCATION: - PUD II at the Reserve, excluding Development Parcel 15A and 17 and the Mainstreet Village Subdivision. EXISTING ZONING: PUD (Planned Unit Development) & CG (Commercial General) LAND USE DESIGNATION: RS (Residential Suburban) & COM (Commercial) PARCEL SIZE: Approximately 510 Acres. SURROUNDING ZONING: PUD (Planned Unit Development) & CG (Commercial General) SURROUNDING LAND USE: Properties to the north, south and west of PUD II @ the Reserve are associated with the Reserve, a Development of Regional Impact. UTILITY SERVICE: Water services to be provided by Reserve Utility Corporation. Sewer Services to be provided by Reserve Utility Corporation. Reserve Homes, Ltd., a Florida Corporation, has filed a petition with St. Lucie County for the the establishment of the Reserve Community Development District #2, consistent with the requirements of the Uniform Community Development District Act of 1980, Chapter 190, Florida *400 October 27, 1999 Subject: Reserve Community Development District #2 Page 2 Statutes. In 1980, the Florida Legislature enacted the "Uniform Community Development District Act of 1980." The purpose of this Act is to define a uniform, focused, and fair procedure in state law to provide a reasonable alternative for the establishment, power, operation, and duration of independent districts to manage and finance basic community development services. In establishing these regulations, the legislature determined that based upon a proper and fair determination of applicable facts, an independent district can constitute a timely, efficient, effective, responsive, and economicway to deliver basic community development services, thereby providing a solution to the state's planning, management, and financing needs for delivery of capital infrastructure in order to service projected growth without overburdening other governments and their taxpayers. In providing for the establishment of these districts, the legislature made its intent very clear in Chapter 190, Florida Statutes, that no Community Development District could have or exercise any zoning or development permitting power and that the establishment of an Independent Community Development District as provided for in this Act is not a development order within the meaning of Chapter 380, Florida Statutes, and that all applicable planning and permitting laws, rules, regulations, and policies of the recognized local government in the area shall control the _ development of the land to be serviced by the district. A District shall take no action which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the applicable local general-purpose government. Furthermore, the Legislature has required that no debtor obligation of a Community Development District is to constitute a burden on any local general-purpose government without the consent of the local government. Chapter 190.005, Florida Statutes, provides that the exclusive and uniform method for the establishment of a Community Development District of less than 1,000 acres in size shall be pursuant to an ordinance adopted by the County Commission of the County having jurisdiction over the majority of land in the area in which the district is to be located . The Reserve Community Development District # 2 is proposed to occupy just over 510 acres. The area encompassed by the district is referred to as PUD II at the reserve (excluding Development Parcels 15a and 17 at the Reserve) and the Mainstreet Village Subdivision, located at the intersection of Reserve Boulevard and Reserve Commerce Center Drive. The attached Exhibit B provides general location map for the boundaries of Reserve Community Development District # 2. It should be emphasized that at this time there are no existing occupied residential properties in this Proposed Reserve Community Development District # 2. Ultimately, development in this district will provide for 214 single family homes;1,036 multi -family units; 150,000 square feet of commercial/office space and the 4t' golf course at the reserve. Section 190.012, Florida Statues, outlines the specific powers that a Community Development District may be authorized or empowered to undertake though its initial charter. These possible powers include the ability to finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip; operate, and maintain systems, facilities, and basic infrastructures for the following: a. Water management and control for the lands within the district and to connect some or any of such facilities with roads and bridges. October 27, 1999 Subject: Reserve Community Development District #2 Page 3 b. Water supply, sewer, and wastewater management, reclamation, and reuse or any combination thereof, and to construct and operate connecting intercepting or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway, or other public place or ways, and to dispose of any effluent, residue, or other byproducts of such system or sewer system. C. Bridges or culverts that may be needed across any drain, ditch, canal, floodway, holding basin, excavation, public highway, tract, grade, fill, or cut and roadways over levees and embankments, and to construct any and all of such works and improvements across, through, or over any public right-of-way, highway, grade, fill, or cut. d. District roads equal to or exceeding the specifications of the county in which such district roads are located, and street lights. e. Buses, trolleys, transit shelters, ridesharing facilities and services, parking improvements, and related signage. f. Conservation areas, mitigation areas, and wildlife habitat, including the maintenance of any plant or animal_ species, and any related interest in real or personal property. g. Any other project within or without the boundaries of a district when a local government issued a development order pursuant to s. 380.06 or s. 380.061 approving or expressly requiring the construction or funding of the project by the district, or when the project is the subject of an agreement between the district and a governmental entity and is consistent with the local government comprehensive plan of the local government within which the project is to be located. In addition, a Community Development District may request that appropriate unit of local general- purpose government grant to the district powers that would permit the district to undertake the responsibility for the planning, establishment, acquisition, construction or reconstruction, enlargement, extension, equipping, operation, and maintenance of additional systems and facilities for the following: a. Parks and facilities for indoor and outdoor recreational, cultural, and educational uses. b. Fire prevention and control, including fire stations, water mains and plugs, fire trucks, and other vehicles and equipment. C. School buildings and related structures, which may be leased, sold, or donated to the school district, for use in the educational system when authorized by the district school board. d. Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion - detection systems, and patrol cars, when authorized by proper governmental agencies; except that the district may not exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the district boundaries. M M October 27, 1999 Subject: Reserve Community Development District #2 Page 4 e. Control and elimination of mosquitoes and other arthropods of public health importance. Waste collection and disposal. The petition for the Reserve Community Development District #2 outlines the anticipated powers and responsibilities of this District. This district is being created for the purpose of financing the required infrastructure to permit the development of PUD II and the Mainstreet Village Subdivision. This infrastructure includes the projects stormwater management system, internal roadway systems, internal common landscaping areas and other miscellaneous internal improvements necessary to complete the physical development of this property. The estimated initial capital costs of these facilities is $ 4,000,000. Annual operating and maintenance costs will be determined as the facilities are completed. The initial capital costs are proposed to be financed through the issuance of special assessment or other revenue bonds that are backed by the non -ad valorem assessments of the properties within this district. Annual maintenance is anticipated to be funded through an annual assessment on each of the properties in this district. Attached is a copy of Draft Ordinance 99-029 that provides for the establishment of the Reserve Community Development District #2. This ordinance addresses the requirements of Chapter 190.005(2), Florida Statutes. In addition, this Ordinance includes the following recommended special conditions: _ The powers and responsibilities of the Reserve Community Development District #2 shall be limited to the following: a. Water management and control for the lands within the district and to connect some or any of such facilities with roads and bridges. b. Water supply, sewer, and wastewater management, reclamation, and reuse or any combination thereof, and to construct and operate connecting intercepting or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway, or other public place or ways, and to dispose of any effluent, residue, or other byproducts of such system or sewer system. C. Bridges or culverts that may be needed across any drain, ditch, canal, floodway, holding basin, excavation, public highway, tract, grade, fill, or cut and roadways over levees and embankments, and to construct any and all of such works and improvements across, through, or over any public right- of-way, highway, grade, fill, or cut. d. District roads equal to or exceeding the specifications of the county in which such district roads are located, and street lights. e. Buses, trolleys, transit shelters, ridesharing facilities and services, parking improvements, and related signage. Conservation areas, mitigation areas, and wildlife habitat, including the maintenance of any plant or animal species, and any related interest in real %00 Ifto October 27, 1999 Subject: Reserve Community Development District #2 Page 5 or personal property. g. Any other project within or without the boundaries of a district when a local government issued a development order pursuant to s. 380. 06 or s. 380- 061 approving or expressly requiring the construction or funding of the project by the district, or when the project is the subject of an agreement between the district and a govemmental entity and is consistent with the local government comprehensive plan of the local government within which the project is to be located. No other powers duties or responsibilities are authorized for this District unless this approval ordinance is amended consistent with Applicable Florida Law. 2. The district will use its best efforts to develop in an integrated fashion the traffic circulation, water, and sewerfacilities on the district property as one functional interrelated community. 3. The district shall take no action which is inconsistent with the comprehensive plan, ordinances or regulations of St. Lucie County. 4. No publicly owned property that may be located within the legal deception of this Community Development District shall be assessed for, or obligated in any way to pay for - the infrastructure constructed, maintained or operated by the Community Development Described #2. Staff recommends approval of Draft Ordinance 99-029. If you have any questions, please let us know. SUBMITTED ;Ja Shewclmmunity Development Director is/ RSVCDD#2MEM(reserve) cc; County Administrator County Attorney Public Works Director Planning Manager John Caspo Dan Harrell APPROVED AS TO FORM Daniel McIntyre County Attorney M M EXHIBIT A Petition for the establishment of the Reserve Community Development District #2 n M August 31, 1999 Honorable Commissioners St. Lucie County, Florida Dear Commissioners: Severn Trent Environmental Services Severn Trent Environmental Services Inc Moyer & Associates 10300 N.W. 11th Manor Coral Springs, Florida 33071 Tel 954 753 0380 Fax 954 755 6701 Enclosed is a petition to create the Reserve Community Development District #2. This petition is submitted in accordance with Chapter 190.005(2) Florida Statutes. Based upon the information contained in the petition cve are hopeful that you will be able to determine the following factors which are necessary to establish the district: 1. That all statements contained within the petition have been found to be true and correct. 2. That the creation of the district is not inconsistent with any applicable elemel or portion of the State Comprehensive Plan or the effective local government comprehensive plan. To assist you in that determination I am enclosing Chapter 187 Florida Statutes which is the State Comprehensive Plan as an _ exhibit "to the petition ai d highlight for your consideration that this petition in fact is not inconsistent wit!, the appropriate sections of the plan dealing with C infrastructure delivery, growth management, government efficiency and plan implementation. The specific policies addressing the above areas are 16 (land use), 18 (public facilities), 21 (government efficiency) and 26 (plan implementation). We also believe the creation of the District is not inconsistent with any element of your local plan. 3. That the land area within the proposed district is of sufficient size, sufficiently compact and sufficiently contiguous to be developable as one functional related community. 4. That the creation of the district is the best alternative available for delivering the community development services and facilities to the Reserve Community Development District 4#2 property. 5. That the proposed services and facilities to be provided by the district are not incompatible with the capacity and uses of existing local and regional community services and facilities. 6. That the area identified in the Petition is amenable to be included in the proposed district. We respectfully request the County Commission to proceed to consider an ordinance for adoption to create the Reserve Community Development District #2 and I appreciate you consideration of our request. If you have any questions, please feel free to contact me. Sincerely, ary L. o On behalf of Reserve Homes, Ltd. a part of Severn Trent Plc fir+' `"9*4 RESERVE Community Development District #2 Table of Contents TAB 1 Chapter 187 2 Petition 3 Exhibit 1 - Location Map 4 Exhibit 2 - Metes and Bounds Legal Desperition 5 Exhibit 3 - Consent to Establishment of District 6 Exhibit 4 - Five Member Board of Supervisors 7 Exhibit 5 - Estimate of Construction Cost 8 Exhibit 6 - St. Lucie County - Land Use Map 9 Exhibit 7 - Statement of Regulatory Cost F S, 1997 STATE COMPREHENSIVE PLAN CHAPTER 187 Ch. 187 STATE COMPREHENSIVE PLAN t87.101 Description of plan; legislative intent: con- struction and application of plan. t87.201 State Comprehensive Plan adopted. 187.101 Description of plan; legislative intent; construction and application of plan.— (1) The State Comprehensive Plan shall provide !Ong -range policy guidance for the orderly social, eco- nomic, and physical growth of the state. It shall be reviewed biennially by the Legislature, and implemen- tation of its policies shall require legislative action unless otherwise specifically authorized by the consti- tution or law. (2) The State Comprehensive Plan is intended to be a direction -setting document. Its policies may be implemented only to the extent that financial resources are provided pursuant to legislative appropriation or grants or appropriations of any other public or private entities. The plan does not create regulatory authority or authorize the adoption of agency rules, criteria, or standards not otherwise authorized by law. (3) The goals and policies contained in the State Comprehensive Plan shall be reasonably applied where they are economically and environmentally fea- sible, not contrary to the public interest, and copsistgnt with the protection of private property rights. The plan shall be construed and applied as a whole, and no spe- cific goal or policy in the plan shall be construed or applied in isolation from the other goals and policies in the plat. T MUM- 1. dL W57. 187.201 State Comprehensive Plan adopted. — The Legislature hereby adopts as the State Compre- hensive Plan the following specific goals and policies: (1) EDUCATION. — (a) Goal. The creation of an educational environ- ment which is intended to provide adequate skills and knowledge for students to develop their full potential, embrace the highest ideas and accomplishments, make a positive contnbution to society, and promote the advancement of knowledge and human dignity. (b) Policies.- 1, Provide for systematic evaluation of programs and systems which will identify successful programs and programs requiring enhancement. 2. Develop effective mechanisms to assess achievement levels. 3. Ensure salaries, benefits, and other incentives which will attract and retain high -quality educators in the numbers needed to meet the educational needs of an increasing population. 4. Establish certification and teaching require- ments which are compatible with the highest levels of student performance. 5. Increase student performance as measured by accepted standard criteria. 6. Provide alternatives to traditional teaching methods so that low achievers may experience educa- tional success and create a work environment condu- cive to imaginative, creative teaching. 7. By 1995, increase opportunities for continued learning for all age groups by 15 percent and increase the program completion rate by 10 percent. 8. Promote educational and cultural enrichment and recreational activities outside traditional systems through the increased use of community and educa. tional facilities and develop creative alternatives to edu- cational programs in order to serve a larger segment of the population. 9. Increase the articulation and information exchange among all levels of public education. 10. Develop programs to meet the educational needs of elderly persons. 11. Continue to support the development of research -based programs for identifying and prevent- ing dropouts in public school and in higher education institutions. 12. Invest in the educational system today to teach the basic and advanced skills that will ensure its stu- dents are prepared to become productive citizens and that will attract the industry of tomorrow. 13. Provide a system to disseminate knowledge to solve economic and community problerns, through link- ages between business, local communities, and institu- tions of higher education. 14. Pursue funds for research to be conducted in the state. 15. Improve the quality of libraries in public schools, communities, and colleges and universities. 16. Education K-12: a. Expand early learning experiences to enhance student achievement. b. Provide access to a comprehensive curriculum for all high school students. c. Provide appropriate education programs and pathways for handicapped students, exceptional stu- dents, and students having learning disabilities and other special learning needs. d. Develop procedures for Identifying gifted stu- dents. e. Develop appropriate counseling for students at all education levels. f. Implement research -based dropout prevention programs in all school districts. g. Identify and encourage policies which raise the expectations, performance, and motivation of socioeconomically and academically disadvantaged students. h. Maintain a classroom environment, including student discipline, that is conducive to learning, with appropriate use of alternative education opportunities. I. Provide the optimum amount of learning time necessary to improve student performance. j. Increase the use of technology in education to make instruction more effective. k. Provide adequate instructional materials, equipment, and facilities to meet the needs of all stu- dents. Ch. 187 STATE COMPREH I. Provide for systematic evaluation of and report- ing on educational programs, delivery systems, and outcomes at school, district, and state levels. m. Ensure standards of excellence for teacher education and certification, and continuing professional development activities for all school personnel. n. Provide a management support system which will ensure excellence in the performance of school principals and other educational managers. o. Strengthen citizen involvement at all levels in public education. p. Provide policies, programs, and curricula which prepare students to understand and communicate with people of other nations and to compete successfully in the international economy. 17. Postsecondary education: a. Ensure that the college -level curriculum of the community colleges corresponds to the basic studies of the state universities. b. Maintain and strengthen the current pattern of matriculation from community colleges to universities. c. Afford increased opportunities for upper - division and graduate -level studies. d. Provide admission standards for state universi- ties that recognize the rigorous academic preparation necessary to meet the challenges of university course - work. e. Encourage Florida's talented students to obtain their postsecondary education in Florida. " L Ensure that universities provide a core curricu- lum in the liberal arts that applies to all lower -division students. g. Include in the university system teaching, research, and service. h. Establish and maintain components of national prominence in the university system. i. Ensure that the university system provides rea- sonable geographic access consistent with other poli- cies. j. Recognize private universities and colleges as an important component of Florida's higher educational system. k. Develop postsecondary consortia whenever possible among universities, community colleges, and private institutions. I. Expand the participation of private partnerships in recruiting additional nationally recognized faculty such as eminent scholars. 18. 'Career education: a. Provide a uniform and coordinated system of secondary and 2degree career education. b. Provide that vocational programs focus their efforts toward student placement in occupations related to their vocational training. c. Ensure that vocational programs provide up-to- date instruction on the newest equipment. d. Provide a career education program designed to accommodate Florida's changing technological, occupational, and educational needs. e. Encourage vocational institutions to coordinate their programs with the needs of business and industry and provide business and industry the opportunity to assist in developing curricula for 'career education. (2) CHILDREN. — (a) Goa/. —Florida shall provide programs sutfilcierx to protect the health, safety, and welfare of dren.all of its (b) Policies.— 1. Decrease g delinquent, abused, or otherwise at risk of becoming on society through preventive counseling ervices� day treatment programs. and 2. Treat no children or adolescents in state me health institutions, and provide that the primary ern h�a- sis on mental health treatment of children shall be corn_ munity-based services. 3. Provide training in normal child develop and family relationship skills in public education p� grams at all levels. 4. Sponsor seminars and clinics for parents positive ways to handle stress related to child -rearing, 5. Encourage prevention programs in schools and community centers to decrease the incidence of teenage pregnancy and provide programs to reduce the detrimental effects of teenage pregnancy. 6. Develop and participate in alcohol and drug pre.. vention programs in the school system and in the com. munity. 7. Encourage the development and public aware. ness of community support n' %%vorks for parents and children at risk of abuse or drug or alcohol dependency. 8. Target funds for intensive prevention programs to families at risk of child abuse or substance abuse problems, - - 9. Develop -and expand prevention, identification, and treatment programs for substance abusers wha are children or adolescents. 10. Encourage private sector involvement in pre- vention programs through employee assistance pro- grams. 11. Promote the preservation and strengthening of families by providing programs designed to reduce the occurrence of abuse and neglect. 12. Promote educational programs to increase awareness in children of the damage to their minds and bodies caused from the use of alcohol, drugs, and tobacco. 13. Provide timely intervention and treatment ser- vices in the appropriate setting when incidents of abuse or neglect do occur. 14. Provide a comprehensive range of children's mental health services, from prevention programs to the less -intensive residential programs, with minimal use of institutional settings. 15. Provide secure, intensive treatment facilities for children and adolescents who, due to their aggressive or violent behavior, would otherwise be treated in placements in other states or in institutional settings in Florida. 16. Emphasize prevention and nonresidential ser- vices directed toward keeping children in their homes and communities, with each child's protection and well- being as the first priority. 17. Provide a strong, interagency case, management system, including appropriate state agencies, law enforcement, school districts, and com- 1392 F.S. 1997 I munity mental health centers, to ensure the proper placement of children in need of services. 18. Develop a community -oriented juvenile justice system which meets the individual needs of referred and committed youth offenders and which treats juve- niles in the least restrictive manner while ensuring the safety of the community by holding juveniles account- able for their behavior and by linking reentry into the community to stable behavior. 19. Develop a child abuse service system that will detect abuse and neglect in the early stages, intervene promptly and effectively in both family and nonfamily settings, and apply a multidisciplinary child abuse pre- vention/treatment team approach. 20. Expand prenatal and perinatal screening pro- grams in order to increase the number of at -risk moth- ers and infants who receive prevention services. 21. Increase the state's capacity to provide training and support services to developmentally disabled chil- dren and adolescents in the community: 22. Ensure that all current and new programs for children and adolescents are as family -focused and supportive of the family unit as feasible without expos- ing the child to unacceptable physical and emotional risks. 23. Expand the range of programs currently avail- able for children with physical handicaps other than developmental disabilities, learning disabilities, and emotional problems. 24. Ensure the safety of children and the quality of services they receive in residential, day care, and treat- ment programs through necessary and appropriate regulations. 25. Establish a system to determine and evLivate client outcomes and program effectiveness for all pro- grams serving children, youth, and families. 26. Provide for a systematic outcome evaluation of programs and services to children. (3) FAMILIES.- (a) Goal. -Florida shall strengthen the family and Promote its economic independence. (b) Policies.- 1. Eliminate state policies which cause voluntary family separations. 2. Promote concepts to stabilize the family unit to strengthen bonds between parents and children. 3. Promote home care services for the sick and disabled. 4. Provide financial support for alternative child o -care services. S. Increase direct parental involvement in K-12 education programs, i 6. Promote family dispute resolution centers. I 7. Support displaced homemaker programs. ci 8. Provide increased assurance that child support a Payments will be made. e 9. Actively develop job opportunities, community o work experience programs, and job training programs for persons receiving governmental Financial assist ance. di- 10. Direct local law enforcement authorities and h district mental health councils to increase efforts to pre- vent family violence and to adequately punish the guilty so Party. 1%00 1393 STATE COMPREHENSIVE PLAN Ch. 187 o 11. Provide financial, mental health, and other sup. port for victims of family violence. (4) THE ELDERLY.- (a) Goal. -Florida shall improve the quality of life for its elderly citizens by promoting improved provision of services, with an emphasis on independence and self-sufficiency. (b) Policies.- 1. Increase the percentage of elderly persons who are living self -sufficiently, with emphasis upon those individuals aged 75 years and older. 2. Develop and implement preventive services and strategies to maximize individual independence and to delay or to avoid institutionalization. 3. Strengthen the caregiving capacity of family members and other informal support providers in order to prevent neglect, exploitation, and abuse of elderly persons. 4. Support cost-effective community alternatives to long-term institutional care. 5. Integrate health care and social service delivery systems to provide comprehensive coordinated, cost- effective care that is responsive to individual needs. 6. Implement a case -management system which will assure delivery of appropriate services, with an emphasis on individual needs; control access to long- term care services; and monitor expenditrures. 7. Promote geriatric health care education pro- grams to improve quality of care. 8. Ensure the right of,patients, to the extent feasi- ble, to determine the course of their own medical treat- ment. - 9. Provide services designed to increase the involvement of elderly persons in the day-to-day rife of the community, to ensure their adequate housing, and to improve employment opportunities for those elderly persons who are willing and able to work 10. Improve and expand transportation services to ncrease mobility of elderly persons. 11. Increase the participation of the elderly in edu- cation and social service programs serving children. 12. Provide services and target resources to those elderly persons with the greatest need. 13. Ensure the adequacy of health and social ser- vices through nonduplicative ricensure and certification activities in order to provide for systematic regulatory versight. (5) HOUSING.- (a) Goat -The public and private sectors shall ncrease the affordability and availability of housing for w-income and moderate -income persons, including tizens in rural areas, while at the same time encour- ging self-sufficiency of the individual and assuring nvironmental and structural quality and cost-effective Aerations. (b) Policies.- 1. Eliminate public policies which result in housing scrimination, and develop policies which encourage ousing opportunities for all Florida's citizens. 2. Diminish the use of institutions to house per- ns by promoting deinstitutionalization to the maxi- im extent possible. Ch. 187 STATE COMPREHENSIVE PLA' l C F'$' 19y 3. Increase of safe. affordable, and d. The ate shall promote the icare sanitary housing for ow-iincome and moderate -income persons and elderly persons by alleviating housing needed health professionals and servicesavailability inM of cally underserved areas: '^ ^red, shortages, recycling older houses and redeveloping e. The responsibility for ensuring good residential neighborhoods, identifying housing needs, providing incentives to the private sector to build quality accessibility, and availability of health care services shared among health care practitioners, institution affordable housing, encouraging public -private partner- patients, and government. ships to maximize the creation of affordable housing, and I. Government shall provide for the orderly encouraging research into low-cost housing con- struction techniques, groom and development of health care facilities and services considering life -cycle operating through health planning, growth management, costs. and r ulation. eg- o. Reduce the cost of housing construction by eliminating unnecessary regulatory practices which g. Government shall establish a public health infrastructure of facilities, equipment, and add to the cost of housing. (6) HEALTH.— personnel necessary to provide for community health needs. (a)1. Goat —Healthy residents who protect their (d)1. Goal. —Health costs which are contained to a level appropriate to the financial resources own health and the health of others and who actively of the state and its residents. participate in recovering their own health when they 2. Policies. — become ill. 2. Policies.— a. The primary long-range strategy for containing health care costs shall be prevention of avoidable a. Individuals are fundamentally responsible for ill. ness and disability. their own health, but they need encouragement and b. The state shall promote the development of may need financial support from government. a rational financing system for health care which mini b. The state shall develop mechanisms whereby mizes the shifting of costs, discourages inappropriate all Florida residents can participate in a plan of ade- utilization, reduces administrative costs, and contains quate health care coverage to which they contribute the costs of new technology. financially, based on their ability to pay. c. The state shall encourage the delivery of health c. All Florida residents should be supported care services in a manner that..wables patients to through education and other means to devejoe and establish reasonable expectations of outcome and maintain healthy lifestyles. enables health care providers to focus on the health of d. All Florida students should be provided with their patients. comprehensive,_continuous health education in (7) PUBLIC SAFETY. — prekindergarten through grade 12 settings` e. Treatment of il:.•ess is a partnership between (a) Goal. —Florida shall protect the public by pre. ? venting, discouraging, and pur'shing criminal behavior, health care providers and patients in which individual lowering the highway death rate, and protecting lives patients participate in decisions related to their health and property from natural and manmade disasters. care. In this process, patients and health care providers (b) Policies. — have mutual rights and responsibilities. 1. Maintain safe and secure prisons and other cor- (b) 1. Goal. —An environment which supports a rectional facilities with the required number of well - healthy population and which does not cause illness. trained staff. 2. Policies.— 2. Provide effective altematives to incarceration a. Every Florida resident has a right to breathe for appropriate offenders and encourage victim restitu- clean air, drink pure water, and eat nutritious food. tion. b. The state should assure a safe and healthful 3. Make the corrections system as financially cost - environment through monitoring and regulating acdvi- effective as possible through prison industries and ties which impact the quality of the state's air, water, other inmate work programs and through contractual and food. agreements with public and private vendors. C. Government shall ensure that future growth 4. Continue to monitor educational and vocational does not cause the environment to adversely affect the training of inmates to increase the likelihood of suc- health of the population. cessful reintegration into the community. d. Every employer shall provide a safe and health- 5. Provide all inmates with access to adequate ful workplace. (c) 1. Goal. —Health care services which are of health care, including diagnostic and treatment pro- grams for offenders suffering from substance abuse or high quality, reasonably accessible, and adequate to psychological disorders. meet the needs of the public. 6. Provide incentives to attract and retain high- 2. Policies.— quality law enforcement and correctional officers. a. Where feasible, resources will be redirected to 7. Emphasize the reduction of serious crime, par - programs and services that prevent illness and inter- ticularly violent, organized, economic, and drug -related vene in the early stages of disease. crimes. b. The public shall have access to affordable 8. Increase the level of training and technical health care. assistance provided to law enforcement agencies. C. Each pregnant woman in this state has a right to 9. Increase crime prevention efforts to enhance adequate prenatal care in order to protect her health the protection of individual personal safety and prop - and to help her child begin life healthy. erty, 1394 F.S. 1997 STATE COMPREHENSIVE PLAN C 10. Emphasize and protect the rights of crime vic- tims. 11. Continue to implement coordinated and Integra- ted strategies to combat organized crime, economic crime, and drug trafficking. 12. Expand the state's provisions for the protection of witnesses in criminal cases, especially organized crime cases. 13. Strengthen the state's commitment to pursue, both criminally and civilly, those individuals who profit from economic crimes, in a manner that keeps pace with the level and sophistication of these criminal activi- ties. 14. Improve the efficiency of law enforcement through the establishment of a close communication and coordination system among agencies and a com- prehensive reporting system for such types of criminal activities as forcible felonies and organized, economic, and drug crimes. 15. Improve the effectiveness of the delinquent juvenile justice system commitment programs to reduce recidivism of juveniles who would otherwise be recommitted to state supervision. 16. Utilize alternative sentencing and dispute reso- lution when appropriate, particularly in civil disputes and minor criminal violations. 17. Increase the state's commitment to stringent enforcement of laws against drunken or drugged driv- ing. 18. Expand public awareness campaigns [Aat will emphasize the dangers of driving while under the influ- ence of alcohol or drugs. _ 19.' Promote efforts to encourage the use of per- sonal safety restraint devices for all persons traveling in motor vehicles. 20. Improve the enforcement of and compliance with safe highway speed limits. 21. Provide effective and efficient driver licensing systems, including a reliable testing system designed to preclude unqualified drivers from receiving drivers licenses. 22. Require local governments, in cooperation with regional and state agencies, to prepare advance plans for the safe evacuation of coastal residents. 23. Require local governments, in cooperation with regional and state agencies, to adopt plans and poli- cies to protect public and private property and human Wes from the effects of natural disasters. (8) WATER RESOURCES. - (a) Goal. -Florida shall assure the availability of an adequate supply of water for all competing uses deemed reasonable and beneficial and shall maintain the functions of natural systems and the overall present level of surface and ground water quality. Florida shall improve and restore the quality of waters not presently meeting water quality standards. (b) Policies.- (. Ensure the safety and quality of drinking water supplies and promote the development of reverse osmosis and desalinization technologies for develop- ing water supplies. 2. Identify and protect the functions of water recharge areas and provide incentives for theirconser- vation. *00 Ch. 1 3. Encourage the development of local and regional water supplies within water management dis- tricts instead of transporting surface water across dis- trict boundaries. 4. Protect and use natural water systems in lieu of structural alternatives and restore modified systems. 5. Ensure that new development is compatible with existing local and regional water supplies. 6. Establish minimum seasonal flows and levels for surface watercourses with primary consideration given to the protection of natural resources, especially marine, estuarine, and aquatic ecosystems. 7. Discourage the channelization, diversion, or damming of natural riverine systems. 8. Encourage the development of a strict flood - plain management program by state and local govern- ments designed to preserve hydrologically significant wetlands and other natural floodplain features. 9. Protect aquifers from depletion and contamina- tion through appropriate regulatory programs and through incentives. 10. Protect surface and groundwater quality and quantity in the state. 11. Promote water conservation as an integral part of water management programs as well as the use and reuse of water of the lowest acceptable quality for the purposes intended. 12. Eliminate the discharge of inadequately treated wastewater and stormwater runoff into the waters of the state. 13. Identify and develop alternative methods of wastewater treatment, %disposal, and reuse of wastewa `:r to reduce degradation of water resources. 14. Reserve from use that water necessary to sup- port essential nonwithdrawal demands, including navi- gation, recreation, and the protection of fish and wild- life. (9) COASTAL AND MARINE RESOURCES. - (a) Goal. -Florida shall ensure that development . and marine resource use and beach access improve- ments in coastal areas do not endanger public safety or important natural resources. Florida shall, through acquisition and access improvements, make available to the state's population additional beaches and marine environment, consistent with sound environmental planning. (b) Policies.- 1. Accelerate public acquisition of coastal and beachfront land where necessary to protect coastal and marine resources or to meet projected public demand. 2. Ensure the public's right to reasonable access to beaches. 3. Avoid the expenditure of state funds that subsi- dize development in high -hazard coastal areas. 4. Protect coastal resources, marine resources, and dune systems from the adverse effects of develop- ment. 5. Develop and implement a comprehensive sys- tem of coordinated planning, management, and land acquisition to ensure the integrity and continued attrac- tive image of coastal areas. 1395 i C STATE COMPREHENSIVE PLAN F•S l.3 �• Ch. 187 'qW 6. Encourage land and water uses which are com- ards which are more stringent than 1985 state stand• t patible with the protection of sensitive coastal resources. 7. Protect and restore long-term productivity of marine fisheries habitat and other aquatic resources. 8. Avoid the exploration and development of min- eral resources which threaten marine, aquatic, and estuarine resources. 9. Prohibit development and other activities which disturb coastal dune systems, and ensure and promote the restoration of coastal dune systems that are dam- aged. 10. Give priority in marine development to water - dependent uses over other uses. (10) NATURAL SYSTEMS AND RECREATIONAL LANDS. - (a) Goal. -Florida shall protect and acquire unique natural habitats and ecological systems, such as wet- lands, tropical hardwood hammocks, palm hammocks, and virgin longleaf pine forests, and restore degraded natural systems to a functional condition. (b) Policies.- 1. Conserve forests, wetlands, fish, marine life, and wildlife to maintain their environmental, economic, aesthetic, and recreational values. 2. Acquire, retain, manage, and inventory public lands to provide recreation, conservation, and related public benefits. 3. Prohibit the destruction of endangered species and protect their habitats. 4. Establish an integrated regulatory program to assure the survival of endangered and threatened spe- cies within the state. 5. Promote the use of agricultural practices which are compatible with the protection of wildlife and natural systems. 6. Encourage multiple use of forest resources, where appropriate, to provide for timber production, recreation, wildlife habitat, watershed protection, ero- sion control, and maintenance of water quality. 7. Protect and restore the ecological functions of wetlands systems to ensure their long-term environ- mental, economic, and recreational value. 8. Promote restoration of the Everglades system and of the hydrological and ecological functions of degraded or substantially disrupted surface waters. 9. Develop and implement a comprehensive plan- ning, management, and acquisition program to ensure the integrity of Florida's river systems. 10. Emphasize the acquisition and maintenance o ecologically intact systems in all land and water plan- ning, management, and regulation. 11. Expand state and local efforts to provide recre- ational opportunities to urban areas, including th development of activity -based parks. 12. Protect and expand park systems throughou the state. 13. Encourage the use of public and private finan cial and other resources for the development of recr ational opportunities at the state and local levels. (11) AIR QUALITY - (a) Goal. -Florida shall comply with all national ai quality standards by 1987, and by 1992 meet stand f e ards. (b) Policies.- 1. Improve air quality and maintain the improv., level to safeguard human health and prevent damage to the natural environment. 2. Ensure that developments and transportation systems are consistent with the maintenance of opti• mum air quality. 3. Reduce sulfur dioxide and nitrogen oxide emir. sions and mitigate their effects on the natural and human environment. 4. Encourage the use of alternative energy resources that do not degrade air quality. 5. Ensure, at a minimum, that power plant fuel conversion does not result in higher levels of air pollu. , tion. (12) ENERGY.- (a) Goal. -Florida shall reduce its energy require. ments through enhanced conservation and efficiency measures in all end -use sectors, while at the same time promoting an increased use of renewable energy resources. (b) Policies.- 1. Continue to reduce per capita energy consump• tion. 2. Encourage and provide incentives for con. Sumer and producer energy conservation and establish acceptable energy performance starWards for build. ings and energy consuming items. 3. Improve the efficiency of traffic flow on existing, ' 4. Ensure energy efficiency in transportation design and planning and increase the availability of .. more efficient modes of transportation: S. Reduce the need for new power plants by encouraging end -use efficiency, reducing peak demand, and using cost-effective alternatives. :' 6. Increase the efficient use of energy in design and operation of buildings, public utility systems, and ti other infrastructure and related equipment. r 7. Promote the development and application of solar energy technologies and passive solar design techniques. 8. Provide information on energy conservation through active media campaigns. 9. Promote the use and development of renew* able energy resources. preparedness 10. Develop and maintain energy pre p practical and effective under cir- plans that will be both cumstances of disrupted energy supplies or unex- pected price surges. (13) HAZARDOUS AND NONHAZARDOUS MATEz RIALS AND WASTE.- (a) Goal. -All solid waste, including hazardous waste, wastewater, and all hazardous materials, shad t be property managed, and the use of landfills shall be eventually eliminated. (b) Policies.- e- 1. By 1994. reduce all volume of solid waste . requiring disposal by 30 percent. 2. By 1994, provide in all counties a countywide r solid waste collection system to discourage littering, and the illegal dumping of solid waste. 1396 S. 1997 STATE COMPREHENSIVE PLAN h. 187 err+ 3. Initiate programs to develop or expand recyclable material markets, especially those involving plastics. metals, paper, and glass. 4. Encourage and expedite the development of environmentally safe hazardous waste treatment, stor- age, and disposal facilities. 5. Identity and clean up hazardous waste sites. 6. Enforce and strengthen regulation of the gener- a(ion, storage, treatment, disposal, and transportation of hazardous waste. 7. Establish a system for identifying the location, type, and quantity of hazardous materials. 8. Require all hazardous waste generators to properly manage their own wastes. 9. Encourage the research, development, and implementation of recycling, resource recovery, energy recovery, and other methods of using garbage, trash, sewage, slime, sludge, hazardous waste, and other waste. to. Encourage coordination of intergovernmental and interstate waste management efforts. 11. Identify, develop, and encourage environmen- tally sound wastewater treatment and disposal meth- ods. 12. Develop a permanent system for households, small business, and other low -volume generators of hazardous waste to safely dispose of these materials in a convenient manner. 13. Encourage strict enforcement of hazardous.. waste laws and swift prosecution of violators. (14) MINING.- 4a) Goal. —Florida shall protect its air, land, and water -resources from the adverse) effects of resource extraction and ensure that the disturbed areas are reclaimed or restored to beneficial use as soon as rea- sonably possible. (b) Policies.- 1. Develop a comprehensive approach to the reg- ulation of resource extraction. 2. Require mining operations to provide evidence of financial responsibility to ensure the reclamation of mined lands. 3. Require that disturbed areas, except those selected to be reclaimed by nature, be reclaimed to productive and beneficial use within a period deter- mined by the state to be reasonable and practical. 4. Require state reclamation standards to be sim- ple and well -coordinated and to be consistent with the protection of the public interest and conservation of natural resources. 5. Prohibit resource extraction which will result in an adverse effect on environmentally sensitive areas of the state which cannot be restored. 6. Minimize the effects of resource extraction upon ground and surface waters. 7. Protect human health from radiological or other adverse impacts associated with resource extraction. 8. Reduce the adverse impacts of waste disposal associated with resource extraction. 9. Require that mining and reclamation regulation recognizes the geological constraints and inherent dif- ferences in the types and locations of resources to be mined. ,4111111111ill' (15) PROPERTY RIGHTS. — (a) Goal. —Florida shall protect private property rights and recognize the existence of legitimate and often competing public and private interests in land use regulations and other government action. (b) Policies.- 1. Provide compensation, or other appropriate relief as provided by law, to a landowner for any gov- ernmental action that is determined to be an unreason- able exercise of the state's police power so as to consti- tute a taking. 2. Determine compensation or other relief by judi- cial proceeding rather than by administrative Proceed. ing. 3. Encourage acquisition of lands by state or local government in cases where regulation will severely limit practical use of real property. (16) LAND USE. — (a) Goal. —In recognition of the importance of pre- serving the natural resources and enhancing the qual- ity of life of the state, development shall be directed to those areas which have in place, or have agreements to provide, the land and water resources, fiscal abilities, and service capacity to accommodate growth in an environmentally acceptable manner. (b) Policies.- 1. Promote state programs, investments, and development and redevelopment actj�4ties which encourage efficient development and occur in areas which will have the capacity to service new population and commerce. 2. Develop a system of incentives and disincen- tives which encourages a separation of wban and rural land uses while protecting water supplies, resClUce development, and fish and wildlife habitats. 3. Enhance the livability and character of urban areas through the encouragement of an attractive and functional mix of living, working, shopping, and recre- ational activities. 4. Develop a system of intergovernmental negoti- ation for siting locally unpopular public and private land uses which considers the area of population served, the impact on land development patterns or important natural resources, and the cost-effectiveness of service delivery. 5. Encourage and assist local governments in establishing comprehensive impact -review procedures to evaluate the effects of significant development activi- ties in their jurisdictions. 6. Consider, in land use planning and regulation, the impact of land use on water quality and quantity, the availability of land, water, and other natural resources to meet demands; and the potential for flooding. 7. Provide educational programs and research to meet state, regional, and local planning and growth - management needs. (17) DOWNTOWN REVITALIZATION. — (a) Goal. —In recognition of the importance of Flori- da's developing and redeveloping downtowns to the state's ability to use existing infrastructure and to accommodate growth in an orderly, efficient, and envi- ronmentally acceptable manner, Florida shall encour- age the centralization of commercial, governmental, 1397 0 C Ch. 187 retail, residential, and cultural activities within down- town areas. (b) Policies. — I. Provide incentives to encourage private sector investment in the preservation and enhancement of downtown areas. 2. Assist local governments in the planning, financing, and implementation of development efforts aimed at revitalizing distressed downtown areas. 3. Promote state programs and investments which encourage redevelopment of downtown areas. (18) PUBLIC FACILITIES. — (a) Goal. —Florida shall protect the substantial investments in public facilities that already exist and shall plan for and finance new facilities to serve resi- dents in a timely, orderly, and efficient manner. (b) Policies.- 1. Provide incentives for developing land in a way that maximizes the uses of existing public facilities. 2. Promote rehabilitation and reuse of existing facilities, structures, and buildings as an alternative to new construction. 3. Allocate the costs of new public facilities on the basis of the benefits received by existing and future residents. 4. Create a partnership among state government, local governments, and the private sector which would identify and build needed public facilities and allocate the costs of such facilities among the partners -in pro- portion to the benefits accruing to each of them. 5. Encourage local government financial self- sufficiency in providing public facilities. 6. Identify and imp zment innovative but fiscally sound and cost-effective techniques for financing pub- lic facilities. 7. Encourage the development, use, and coordi- nation of capital improvement plans by all levels of gov- ernment. 8. Take into consideration, in the assessed value of property, increased property values directly related to infrastructure expenditures by government. 9. Identify and use stable revenue sources which are also responsive to growth for financing public facili- ties. 10. Encourage development of graywater systems to extend existing sewerage capacity. (19) CULTURAL AND HISTORICAL RESOURCES. (a) Goa/, —By 1995, Florida shall increase access to its historical and cultural resources and programs and encourage the development of cultural programs of national excellence. (b) Policies.- 1. Promote and provide access throughout the state to performing arts, visual arts, and historic preser- vation and appreciation programs at a level commen- surate with the state's economic development. 2. Develop a strategy for the construction of arts facilities based on an assessment which ranks regional and statewide capabilities and needs. 3. Ensure the identification, evaluation, and pro- tection of archaeological folk heritage and historic resources properties of the state's diverse ethnic popu- lation. STATE COMPREHENSIVE PLAN F,S 1g9j 4. and suppoimulate increasd private rt for historical and cultural ct o participation P gams, 5. Encourage the rehabilitation and sensitive adaptive use of historic properties through techn , assistance and economic incentive programs. 6. Ensure that historic resources are take n into consideration in the planning of all capital Programs and projects at all levels of government and that s uch programs and projects are carried out in a manner which recognizes the preservation of historic resources. (20) TRANSPORTATION. — (a) Goal. —Florida shall direct future transportation improvements to aid in the management of growth and shall have a state transportation system that integrates highway, air, mass transit, and other transportation modes. (b) Policies.- 1. By 1995. establish a high-speed rail system that links the Tampa Bay area, Orlando, and Miami. 2. Coordinate transportation investments in major travel corridors to enhance system efficiency and mini. mize adverse environmental impacts. 3. Promote a comprehensive transportation plan. ning process which coordinates state, regional, and local transportation plans. 4. Allow flexibility in state and local participafion in funding of public transit projects and encourage con. struction and use of toll facilities in order to meet trans- portation needs. 5. Ensure that existing port facilities and airports are being used to the maximum extent possible before encouraging the expansic,r or development of new port facilities and airports to support economic growth. 6. Promote timely resurfacing and repair of roads and bridges to minimize costly reconstruction and to enhance safety. 7. Develop a revenue base for transportation which is consistent with the goals and policies of this plan. 8. Encourage the construction and utilization of a public transit system, including, but not limited to, a high-speed rail system, in lieu of the expansion of the highway system, where appropriate. 9. Ensure that the transportation system provides Florida's citizens and visitors with timely and efficient access to services, jobs, markets, and attractfons- 10. Promote ride sharing by public and private sec• for employees. 11. Emphasize state transportation investments In major travel corridors and direct state transportation investments to contribute to efficient urban develop- ment. 12. Avoid transportation improvements which encourage or subsidize increased development In coastal high -hazard areas or in identified environmertr tally sensitive areas such as wetlands, floodways, or productive marine areas. 13. Coordinate transportation improvements with state, local, and regional plans. 14. Acquire advanced rights -of -way for transpOrw tion projects in designated transportation corridors consistent with state, regional, and local plans. 1398 F.S. 1997 STATE COMPREHENSIVE PLAN Ch. 187 15. Promote effective coordination among various modes of transportation in urban areas to assist urban development and redevelopment efforts. (21) GOVERNMENTAL EFFICIENCY. — (a) Goal. —Florida governments shall economically and efficiently provide the amount and quality of ser- vices required by the public. (b) Policies.- 1. Encourage greater cooperation between, among, and within all levels of Florida government through the use of appropriate intedocal agreements and mutual participation for mutual benefit. 2. Allow the creation of independent special taxing districts which have uniform general law standards and procedures and do not overburden other governments and their taxpayers while preventing the proliferation of independent special taxing districts which do not meet these standards. 3. Encourage the use of municipal services taxing units and other dependent special districts to provide needed infrastructure where the fiscal capacity exists to support such an approach. 4. Eliminate regulatory activities that are not tied to specific public and natural resource protection needs. 5. Eliminate needless duplication of, and promote cooperation in, governmental activities between, among, and within state, regional, county, city, and other governmental units. 6. Ensure, wherever possible, that the geograpFiIc ` boundaries of water management districts, regional planning councils, and substate districts of the execu- tive departments shall be coterminous for related state oi• agency p::)grams and functions and promote interagency agreements in order to reduce the number of districts and councils with jurisdiction in any one county. 7. Encourage and provide for the restructuring of city and county political jurisdictions with the goals of greater efficiency and high -quality and more equitable and responsive public service programs. 8. Replace multiple, small scale, economically inefficient local public facilities with regional facilities where they are proven to be more economical, particu- larly in terms of energy efficiency, and yet can retain the quality of service expected by the pubffc. 9. Encourage greater efficiency and economy at all levels of government through adoption and imple- mentation of effective records management, informa- tion management, and evaluation procedures. 10. Throughout government, establish citizen man- agement efficiency groups and Internal management groups to make recommendations for greater operating efficiencies and improved management practices. 11. Encourage governments to seek outside con- tracting on a competitive -bid basis when cost-effective and appropriate. 12. Discourage undue expansion of state govem- ment and make every effort to streamline state govern- ment in a cost-effective manner. 13. Encourage joint venture solutions to mutual problems between levels of government and private enterprise. (22) THE ECONOMY. — (a) Goal. —Florida shall promote an economic cli- mate which provides economic stability, maximizes job opportunities, and increases per capita income for its residents. (b) Policies.- 1. Attract new job -producing industries, corporate headquarters, distribution and service centers, regional offices, and research and development facilities to pro- vide quality employment for the residents of Florida. 2. Promote entrepreneurship and small and minority -owned business startup by providing technical and information resources, facilitating capital forma- tion, and removing regulatory restraints which are unnecessary for the protection of consumers and soci- ety. 3. Maintain, as one of the state's primary eco- nomic assets, the environment, including clean air and water, beaches, forests, historic landmarks, and agri- cultural and natural resources. 4. Strengthen Florida's position in the world econ- omy through attracting foreign investment and promot- ing international banking and trade. 5. Build on the state's attractiveness to make it a leader in the visual and performing arts and in all phases of film, television, and recording production. 6. Promote economic developmerk for Florida res- idents through partnerships among education, busi- ness, industry, agriculture, and the arts. 7. Provide increased opportunities for training Florida's workforce to provide skilled employees for new and expanding btsiness. 8. Promote economic self-sufficiency through training and educational programs which result in pro- ductive employment. 9. Promote cooperative employment arrange- ments between private employers and public sector employment efforts to provide productive, permanent employment opportunities for public assistance recipi- ents through provisions of education opportunities, tax incentives, and employment training. 10. Provide for nondiscriminatory employment opportunities. 11. Provide quality child day care for public assist- ance families and others who need it in order to work 12. Encourage the development of a business cli- mate that provides opportunities for the growth and expansion of existing state industries, particularly those industries which are compatible with Florida's environ- ment. 13. Promote coordination among Florida's ports to increase their utilization. 14. Encourage the full utilization by businesses of the economic development enhancement programs implemented by the Legislature for the purpose of extensively involving private businesses in the devel- opment and expansion of permanent job opportunities, especially for the economically disadvantaged, through the utilization of enterprise zones, community develop- ment corporations, and other programs designed to enhance economic and employment opportunities. 1399 Ch. 187 STATE COMPREHENSIVE PLAN F.S. 1997 (23) AGRICULTURE. — (a) Goal. —Florida shall maintain and strive to expand its food, agriculture, ornamental horticulture, aquaculture, forestry, and related industries in order to be a healthy and competitive force in the national and international marketplace. (b) Policies.- 1. Ensure that goals and policies contained in state and regional plans are not interpreted to perma- nently restrict the conversion of agricultural lands to other uses. 2. Encourage diversification within the agriculture industry, especially to reduce the vulnerability of com- munities that are largely reliant upon agriculture for either income or employment. 3. Promote and increase international agricultural marketing opportunities for all Florida agricultural pro- ducers. 4. Stimulate research, development, and applica- tion of agricultural technology to promote and enhance the conservation, production, and marketing tech- niques available to the agriculture industry. 5. Encourage conservation, wastewater recycling, and other appropriate measures to assure adequate water resources to meet agricultural and other benefi- cial needs. 6. Promote entrepreneurship in the agricultural sector by providing technical and informational ser- vices. .. 7. Stimulate continued productivity through invest- ment in education and research. 8. Encourage development of biological pest con- trols to further the reduction in reliance on chemicrl contrais. 9. Conserve soil resources to maintain the eco- nomic value of land for agricultural pursuits and to pre- vent sedimentation in state waters. 10. Promote the vitality of Florida's agricultural industry through continued funding of basic research, extension, inspection, and analysis services and of pro- grams providing for marketing and technical assistance and the control and eradication of diseases and infesta- tions. 11. Continue to promote the use of lands for agricul- tural purposes by maintaining preferential property tax treatment through the greenbelt law. 12. Ensure that coordinated state planning of road, rail, and waterbome transportation systems provides adequate facilities for the economical transport of agri- cultural products and supplies between producing areas and markets. 13. Eliminate the discharge of inadequately treated wastewater and stormwater runoff into waters of the state. (24) TOURISM. — (a) Goal. —Florida will attract at least 55 million tourists annually by 1995 and shall support efforts by all areas of the state wishing to develop or expand tourist - related economies. (b) Policies.- 1. Promote statewide tourism and support promo- tional efforts in those parts of the state that desire to attract visitors. 140 2. Acquire and manage public lands to offer visi- tors and residents increased outdoor experiences. 3. Promote awareness of historic places and cul- tural and historical activities. (25) EMPLOYMENT. — (a) Goa/. —Florida shall promote economic oppor. tunities for its unemployed and economically disadvan. taged residents. (b) Policies.- 1. Achieve by 1995 a 70-percent job placement rate for state training program graduates and a So. percent reduction in the gap between the unemploy. ment rate for disadvantaged groups and the average state unemployment rate. 2. Provide training opportunities for the unem• ployed which are based upon documented labor mar- ket needs. 3. Provide training and job placement assistance to hard -to -employ groups encountering special bart- ers. 4. Encourage economic development in economi. tally distressed areas. 5. Ensure that the transportation system provides maximum access to jobs and markets. 6. Promote interagency coordination and cooper- ation to maximize the impact of employment and train. ing services on target groups. .__ 7. Provide services which assist students to make informed career decisions. 8. Encourage innovative arrangements such as onsite day care facilities and flexible hours of employ- ment to increase the access of woddn(-, )arents to the job market 9. Ensure that all training programs focus on pro- viding each student with lifetime employment skills, including the ability to communicate, compute, and think critically. n. (26) PLAN IMPLEMENTATION.— (a) Goal. —Systematic planning capabilities shall be integrated into all levels of government in Florida with particular emphasis on improving intergovernmental coordination and maximizing citizen'. involvement. (b) Policies.— i .:;r, 1. Establish strong and flexible agency and • regional planning functions at all levels of government capable of responding to changing state policies and; goals. 2. Ensure that every level of government has the appropriate operational authority to implement the pol• icy directives established in the plan. 3. Establish effective monitoring, incentive, and. enforcement capabilities to see that the requirements V established by regulatory programs are met. : 4. Simplify, streamline, and make more predict' 3 able the existing permitting procedures. 5. Ensure that each agency's functional plan and 1 management process is designed to achieve the POO"- ties and goals of the state plan consistent with state law. 6. Encourage citizen participation at all levels d policy development, planning, and operations. q 0 F.S. 1997 STATE COMPREHENSIVE PLAN Ch. 187 7. Ensure the development of strategic regional policy plans and local plans that implement and accu- rately reflect state goals and policies and that address problems, issues, and conditions that are of particular concern in a region. 8. Encourage the continual cooperation among communities which have a unique natural area, irre- spective of political boundaries, to bring the private and public sectors together for establishing an orderly, envi- 1401 ronmentally, and economically sound plan for future needs and growth. History.--s. 2. ch. 65.57: s. 1. ch. 87.354: S. 47. ch. 88-130: at. 99.279: 96-388. s. 85, ch. 90.201: s. 28. ch. 91.5: S. 103. ch. 91.282: S. 2. at. 95• t �9; S. 2. at. 'Note. —The term 'Career education was substituted for the term Vocal gnal education- by the editors pursuant to the directive of the Legislature in S. tg, ch. 94.232. 'Note. —The tern 'degree career education' was substituted lot the term •post. secondary vocahonar by the editors pursuant to the directive of the Legislature in s. 16. ch. 94-232, ._T_ M PETITION TO ESTABLISH RESERVE COMMUNITY DEVELOPMENT DISTRICT #2 Petitioner, Reserve Homes, Ltd., petitions the County Commission of St. Lucie County, Florida, (hereinafter referred to as the "County") pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended, to adopt an ordinance to establish a Community Development District and to designate the land area for which the District would manage and finance basic infrastructure service delivery facilities, and states as follows: 1. Petitioner, is a Florida Corporation with its principal place of business at 9700 Reserve Boulevard, Port St. Lucie, Florida 34986. 2. The land area to be served by the District comprises approximately 510 acres. It is located west of Interstate 95 and East of Reserve Boulevard. A map showing the location of the land area to be serviced by the District is attached as Exhibit 1. The land in the proposed -District is within the unincorporated area of St. Lucie County. 3. A metes and bounds legal description of the external boundaries of the District is attached as Exhibit 2. Section 190.005(2)(a) and (1)(a)1, Florida Statutes. 4. Attached as Exhibit 3 is documentation constituting written consent to the establishment of the District by the owners of the real property to be included in and serviced by the District. Section 190.006 Florida Statutes Amended, are named in Exhibit 4 attached hereto. Section 190.005(2)(a) and (1)(a)(3). 5. The five persons designated to serve as the initial members of the board of supervisors of the District, who shall serve in that office until replaced by elected members, as provided in Section 190.006, Florida Statutes Amended, are named in Exhibit 4 attached hereto. Section 190.005(2)(a) and (1)(a)(3). 6. The proposed name of the District is Reserve Community Development District #2. Section 190.005(2)(a) and (1)(a)(4), Florida Statutes. 7. The proposed timetables and related estimates of cost to construct District services and facilities, based upon available data, are attached as Exhibit 5. Sections 190.005(2)(a) and (1)(a)(6), Florida Statutes. 8. The property in the District is designated for certain land uses as shown on the County's PUD under the Land Use Element, attached as Exhibit 6. C 9. The statement of estimated regulatory costs of the granting of this petition and the establishment of the District pursuant thereto is attached as Exhibit 7. Sections 190'005(2)(a) and (1)(a)(8), Florida Statutes. M I WHEREFORE, petitioner respectfully requests the County to: A. Schedule a public hearing to consider this petition within forty-five (45) days after the date of filing pursuant to the uniform procedures set forth in Section 190.005(2), Florida Statutes. B. Grant the Petition and adopt an ordinance to establish the District and designate the land area to be serviced by the District pursuant to Sections 190.005(2), Florida Statutes. Respectfully submitted this 2r%T day C .z .N..IN (j1 N.M J t � - Th. Raa4rvS •t. htcl. caunl I t r _t p EXHIBIT II KEY MAP FOR PGA VILLAGE AT THE RESERVE LB if 6674 `n \\, Lawson, Noble i Webb, Inc. Ew.�w•.w• • rt ".•.• • 3.......: $90 I....v e—d. S.i. S. P N SL Le.. /tiro• 34-^ . au ore-.rw . � ow era-*=- ..k 0-1-- W." P.1n 8. ft ft" SC L.d. pfru•tl.w REVISION FB/PG DATE I BY CX-U I UATE: B/29/99 BY:SLS . CX D: MTX F.B.- PG:- CONSENT TO ESTABLISHMENT OF DISTRICT I, John Csapo, hereby certify that I am the Vice -President of Reserve Homes, Ltd., a Florida Corporation ("Corporation'), which owns certain property located in St. Lucie County more particularly described as follows: See Attached Exhibit I attached hereto and made part hereof. And, by signing below, the Corporation hereby gives its full consent to the establishment by ordinance of the RESERVE COMMUNITY DEVELOPMENT DISTRICT #2, in accordance with Section 190.005, Florida Statutes, and to the inclusion of the Corporation's property within the proposed boundaries of the said District. This property constitutes 66 % of the property to be included within the District. IN WITNESS WHEREOF, I hereunto set my hand on this 61 a day of; P p�,1999. WITNESSES: RESERV OMES, LT By C Print: s Jo Apo h Vic President Pint: STATE OF FLORIDA COUNTY OF St. Lucie The foregoing instrument was acknowledged before me this C-1a day of�' 1999, by John Csapo, Vice President of Reserve Homes, Ltd. on behalf of the Corporation. He is personally known to me and did not take an oath. A (SEAL) ,eOk r. Jayme E Gelfand * " *My Commission CC658594 %;.,Expires July 10, 2001 My Coma%'Expires: -I 'n _ Comm. No. (�(_-(e 5?t CONSENT TO ESTABLISHMENT OF DISTRICT I, J ; m L • A�r-ey- , hereby certify that I am th�c�ic�en� z CEO of PGA Reserve, Inc., a lFlorida Corporation ("Corporation"), which owns certain property located in St. Lucie County more particularly described as follows: See Attached Exhibit II attached hereto and made part hereof. And, by signing below, the Corporation hereby gives its full consent to the establishment by ordinance of the RESERVE COMMUNITY DEVELOPMENT DISTRICT #2, in accordance with Section 190.005, Florida Statutes, and to the inclusion of the Corporation's property within the proposed boundaries of the said District. This property constitutes 34 % of the property to be included within the District. IN WNITNESS WHEREOF, I hereunto set my hand on this I -1 day oft b-44999. WITNESSES: ��� ��� lire a �. STATE OF FLORIDA COUNTY OF St. Lucie PGA RESERV , INC. By: rL1rf i3Jl �i•�`. •mot! ...0 The foregoing instrument was acknowledY�ed before me this day ofLrAbe 1999, by —.��m k • , i*ro .i ,`} ges,a .nt ° C E u of PGA Reserve, Inc. on behalf of the Corporation. He is personally known to me and did not take an oath. INE M. G11RRtTY 1228/2CO2 ea" No. CC 77332s i.o. Notary Public, State f Flori Print: My Comm. Ex Tres: a Comm. No. 3 1 0 M ( DESCRIPTION: RESERVE P.U.D., SECTION II - COMMERCIAL TRACT A - NORTH REFERENCING THE REVISED INTERCHANGE BOUNDARY LINE A PARCEL OF LAND LYING WITHIN SECTION 27, TOWNSHIP 36 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEASTERLY CORNER OF "THE RESERVE P.U.D." AS DESCRIBED IN RESOLUTION NO. 84-129 AND RECORDED IN OFFICIAL RECORD BOOK 442, PAGES 667 THROUGH 672, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING ON THE NORTH LINE OF SAID SECTION 22; THENCE SOUTH 89045'33" EAST, ALONG SAID NORTH LINE OF SECTION 22, A DISTANCE OF 984.93 FEET TO THE NORTHEAST CORNER OF SAID SECTION 22, THENCE NORTH 89023'09" EAST, ALONG THE NORTH LINE OF SAID SECTION 23, A DISTANCE OF 95.77 FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF A FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY, AS RECORDED IN &FICIAL RECORD BOOK 97, PAGE 504, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; _ THENCE SOUTH 00000'11" WEST ALONG SAID WESTERLY LINE OF THE FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY, AND ALSO THE WEST LINE OF A FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY AS RECORDED IN OFFICIAL RECORD BOOK 120, PAGE 199 THROUGH 2O1, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A DISTANCE OF 8,216.13 FEET TO A POINT OF INTERSECTION WITH THE PROPOSED WESTERLY RIGHT-OF-WAY OF THE INTERSTATE 95 INTERCHANGE PARCEL AS DELINEATED BY A DESCRIPTION AND MAP OF SURVEY OF THE 1-95 INTERCHANGE - PRIMA VISTA BOULEVARD, PREPARED BY DAVID W. BETHAM, P.L.S., WITH FLORIDA CERTIFICATION NO 3199 WITH THE ST.' LUCIE WEST THOMAS J, WHITE DEVELOPMENT CORPORATION, DATED JANUARY 30, 1989, WITH THE FILE NO. 95-1 THROUGH 95-3 CONSISTING OF THREE PAGES, WITH LAST REVISION OF 2-9-89; THENCE SOUTHWESTERLY - ALONG SAID WESTERLY RIGHT-OF-WAY LINE THE FOLLOWING COURSES AND DISTANCES: AFORESAID POINT OF INTERSECTION BEING A POINT OF A CURVE CONCAVE TO THE NORTHWEST TO WHICH A RADIAL LINE BEARS SOUTH 47044'14" EAST, SAID CURVE HAVING A RADIUS OF 600.50 FEET, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 175.42 FEET; THROUGH A CENTRAL .ANGLE OF 16044'14"; THENCE SOUTH 59000'00" WEST, 462.08 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST WITH A RADIUS OF 621.42 FEET THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 233.68 FEET, THROUGH A CENTRAL ANGLE OF 21 °32'43" TO THE POINT OF r BEGINNING; 09/28/94 MISC\93257CTA.OES Page 1 Of 3 V 1410# C THENCE CONTINUE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 183.10 FEET; THROUGH A CENTRAL ANGLE OF 16052'55"; THENCE SOUTH 20034'22" WEST, 532.11 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 131.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 149.35 FEET THROUGH A CENTRAL ANGLE OF 65 ° 19' 11 "; THENCE SOUTH 85 ° 53'33" WEST, 381.82 FEET; THENCE SOUTH 00006'27" EAST, 64.23 FEET; THENCE SOUTH 89053'33"- WEST, 300.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF THE PROPOSED "RESERVE BOULEVARD" EXTENSION; THENCE DEPARTING SAID PROPOSED INTERCHANGE PARCEL AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE THE FOLLOWING COURSES AND DISTANCES: CONTINUE SOUTH 89053'33" WEST, 402.58 FEET; THENCE NORTH 76040'16" WEST, 417.12 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 515.59 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE A DIS-- ANCE OF 379.64 FEET, THROUGH A CENTRAL ANGLE OF 42011'20" TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE TO -THE EAST, WITH A RADIUS OF 5.0.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 74.54 FEET, THROUGH A CENTRAL ANGLE OF 86033'55" TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE PROPOSED EXTENSION OF "LEGENDS DRIVE" AN 80 FOOT INGRESS AND EGRESS RIGHT-OF-WAY; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY OF THE PROPOSED "RESERVE BOULEVARD", NORTHEASTERLY ALONG SAID PROPOSED EASTERLY RIGHT-OF-WAY LINE OF "LEGENDS DRIVE" THE FOLLOWING COURSES AND DISTANCES: THENCE NORTH 52004'59" EAST, 128.01 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 812.04 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 571.91 FEET, THROUGH A CENTRAL ANGLE OF 40021'09" TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE' TO THE NORTHWEST HAVING A RADIUS OF 611.85 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 272.57 FEET, THROUGH A CENTRAL ANGLE OF 25°31'33"; THENCE NORTH 66054'39" EAST, 405.25 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS 0 735.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 249.49 FEET, THROUGH A CENTRAL ANGLE OF 19126'55"; THENCE NORTH 86021'33" EAST 474.55 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE MISC\93257CTA.DES Page 2 of 3 09/26/94 ,%We M NORTHWEST HAVING A RADIUS OF 906.59 FEET; THENCE NORTHEASTERLY C ALONG THE ARC OF SAID CURVE A DISTANCE OF 124.96 FEET THROUGH A CENTRAL ANGLE OF 07 ° 53'49"; THENCE DEPARTING SAID PROPOSED EASTERLY RIGHT-OF-WAY LINE OF "LEGENDS DRIVE" SOUTH 31 °44'36" EAST 116.67 FEET TO THE POINT OF INTERSECTION WITH THE SAID WESTERLY LINE OF THE INTERCHANGE PARCEL AND THE POINT OF BEGINNING; CONTAINING 30.82 ACRES, MORE OR LESS. C .x �- 09/26194 MISC\93257CTA.OES Page 3 of 3 / SKETC- Pt TO ACCOMPANY DESCRIPTION T. 5. / 4 aC as ear '"Og u ry i n� POin� of 1 Co rnewceme l <r t4 Ilk I i ('s ? '� , n m � - �1 C = 0 ac• � _ _ m �� q tyY'� w D p C 8 e „" �• �• � 8 O 4 SAD• ;Fj '.c�.�es��M�ii�jnrT• B�ra'•'n��e%�_ o 7 �� � s_ .#►w: # p L /.tees ,eiw. (..fM 4 V p0 �N N I/7T�'J� 95 ;• Z a S a v .a �� PO/rnf oi�Be9inhin9 --Tii>•�tP.'GT- . " ���i' ? apt w. P..r.iwwNf Y.,fnr..w.h— f. _ •': * •p (�,� .. :P:• am IENT. N .. wow tawsarr, Nobis at. AssoclatesiF.lnc �x 4 rTCH TO ACCOMPANY DESCRIPTION ftbEERtIC; Pf"a% SIMVET_O *�', ' ego n,W: PeAca 7C CtSOP SUIT$.91Q PO.(Nt�T9yT(�tV/C�I`E,,7-Fl; 1a9B$� ' �ti f1�llf ffwlfl(fWffM MR�f�MO.R.ON•tRO,Mf4sCAf�f.� `, ff1QlYC �4V IJ�tl�B!��.• !� '� ��'�,'-�4 vfllf f.•.r11•r•/�OCC:O '..+F�MIwrMYlIO.KA I(.vNNOtOWlO�11.1(. '''�... 'j i w.....s.�.rf.+v.f ea n f•.r« fv ,.�f nse. «... w ,r+ *w.f.w :� � � �)! � �a' :•. � S � . 'ta, f+ '�>'�? �'. t/• �- O •00■�f fYSYMI (• ffCfw•.I,Iff-RFa. af.fNft MO A AiA.w iPM<( f• M Mff �_ v......�+aw ,...fw•f. ... Rmslowrz:z "- / • DATE- BV .IXT) DATF-1 f�2t4 n.f ne.•+ Ti.:'. - :�'. G%Tk'M.7�i�i. F$:•...ci: ..�...s .f�.+....�w ...o��., ...... �,..� .__„.f �... .........:T �•� ..... _•. �. .. " 'JOB N0: �1'�iS% _ C UNDEVELOPED LANDS IN THE RESERVE P.U.D. SECTION II DESCRIPTION: A PARCEL OF LAND LYING IN SECTIONS 22, 23, 26 AND 27, TOWNSHIP 36 SOUTH, RANGE 39 CAST, .ST. LUCiE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEASTERLY CORNER OF "THE RESERVE P.U.D.", AS DESCRIBED IN RESOLUTION NO. 84-129 AND RECORDED IN OFFICIAL RECORD BOOK 442, PAGES 667 THROUGH 672, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING ON THE NORTH LINE OF SAID SECTION 22; THENCE SOUTH 89045'33" EAST ALONG SAID NORTH LINE, A DISTANCE OF 984.93 FEET TO THE NORTHEAST CORNER OF SAID SECTION 22; THENCE NORTH 89003'42" EAST ALONG THE NORTH LINE OF SAID SECTION 23, A DISTANCE OF 95.28 FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF A FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY AS RECORDED IN OFFICIAL RECORD BOOK .W.. , PAGE 504, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE SOUTH 00000'11" WEST ALONG SAID WESTERLY LINE AND THE v,EST LINE vF A FLORIDA POWER AND LIGHT COMPANY RIGHT-OF-WAY, RECORDED IN OFFICIAL ' RECORD BOOK 120, PAGE 199, PUBLIC RECORDS OF' ST. LUCIE' COUNTY, FLORIDA, A DISTANCE OF 8,216.13 FEET TO A POINT OF INTERSECTION WITH C THE WESTERLY RIGHT-OF-WAY OF INTERSTATE 95 INTERCHANGE, SAID POINT LYING ON A CIRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 600.50 FEET AND A CENTRAL ANGLE OF 16044'09"; THE RADIUS POINT OF SAID CURVE BEARS NORTH 47044'14" WEST FROM THIS POINT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 175.40 FEET TO A POINT OF TANGENCY; THENCE SOUTH 59000'00" WEST, A DISTANCE OF 462.08 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 621.42 FEET AND A CENTRAL ANGLE OF 21 °38'42"; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 234.76 FEET TO A POINT OF NON -RADIAL INTERSECTION; THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE NORTH 31 °44'36" WEST, A DISTANCE OF 116.96 FEET TO A POINT OF NON -RADIAL INTERSECTION WITH A CIRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 906.59 FEET AND A CENTRAL ANGLE OF 07153'49"; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 124.95 FEET TO A POINT OF TANGENCY; SAND CURVE BEING THE PROPOSED SOUTHERLY RIGHT-OF-WAY LINE OF "LEGENDS DRIVE EXTENSION"; THENCE WESTERLY ALONG SAID RIGHT-OF- WAY LINE THE FOLLOWING DESCRIBED SIX (6) COURSES: THENCE SOUTH 36021'33" WEST, A DISTANCE OF 474.55 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 735.00 FEET AND A CENTRAL ANGLE OF 19026'55"; THENCE WESTERLY ALONG THE ARC MISC193151-01.DES September 22. 1994 -1- m En OF SAID CURVE AN ARC DISTANCE OF 249.49 FEET TO A POINT OF TANGENCY; THENCE SOUTH 66054'38" WEST, A DISTANCE OF 405.25 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 611.85 FEET AND A CENTRAL ANGLE OF 25031'30"; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 272.58 FEET TO A POINT OF REVERSE CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 812.04 FEET AND A CIEN T R%L ANGLE OF 400211'09"; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 571.91 FEET TO A POINT OF TANGENCY; THENCE SOUTH 52°04'59" WEST, A DISTANCE OF 128.01 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF "RESERVE BOULEVARD EXTENSION" AS RECORDED IN OFFICIAL RECORD BOOK 629, PAGES 2523 THROUGH 2526, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE THE FOLLOWING DESCRIBED NINE (9) COURSES: THENCE NORTH 34028'56" WEST, A DISTANCE OF 77.41 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 899.37 FEET AND A CENTRAL ANGLE OF 16014'04"; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF '254.83 FEET TO A POINT OF TANGENCY; THENCE NORTH 18014'52" WEST, A DISTANCE OF 784.39 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE TO THE EAST ;-LAVING A RADIUS OF 1,000.00 FEET AND A CENTRAL ANGLE OF 33035'08"; THENCE NORTHERLY ALONG THE ARC OF - SAID CURVE, AN ARC DISTANCE OF _586.18 FEET TO A PO:NT Of TANGENCY; THENCE NORTH 15020'16" EAST, A DISTANCE OF 434.07 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE TO THE WEST HAVING'A RADIUS OF 1,424.00 FEET AND A CENTRAL ANGLE OF 38016'24"; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 951.23 FEET TO A POINT OF TANGENCY; THENCE NORTH 22056'08" WEST, A DISTANCE OF 732.22 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 2,650.00 FEET AND A CENTRAL ANGLE OF 25015'29"; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A AN ARC DISTANCE OF 1,168.22 FEET TO A POINT OF TANGENCY; THENCE NORTH 48011'37" WEST, A DISTANCE OF 270.27 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 4,150.00 FEET AND A CENTRAL ANGLE OF 03024'54"; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 247.35 FEET (SAID CURVE BEING THE NORTHEASTERLY RIGHT-OF-WAY LINE OF RESERVE BOULEVARD INGRESS AND EGRESS EASEMENT RECORDED IN OFFICIAL RECORD BOOK 448, PAGE 2468, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA) TO A POINT ON THE EASTERLY PERIMETER OF SAID "RESERVE P.U.D.", SAID POINT BEING ON A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 01000'37"; THE RADIUS POINT OF SAID CURVE BEARS SOUTH 50035'57" EAST FROM THIS POINT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 0.88 FEET TO A POINT OF COMPOUND CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST MISC193151-01.DES -2- mSepteber 22. 1994 0 M Mw HAVING A RADIUS OF 553.97 FEET AND A CENTRAL ANGLE OF 49'01'51 "; V THENCE NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 474.06 FEET TO A POINT OF TANGENCY; THENCE NORTH 89026'31" EAST, A DISTANCE OF 943.43 FEET; THENCE SOUTH 47007'11" EAST, A DISTANCE OF 110.08 FEET; THENCE NORTH 54003'26" WEST, A DISTANCE OF 350.36 FEET; THENCE NORTH 12044'3+" WEST, , A i lS s t-%lmCE v^F 78.26 FEET; THENCE NORTH 30053'39" EAST, A DISTANCE OF 235.32 FEET; THENCE NORTH 88014'17" EAST, A DISTANCE OF 80.18 FEET; THENCE NORTH 01033'25" EAST, A DISTANCE OF 31.70 FEET; THENCE SOUTH 88054'56" EAST, A DISTANCE OF 265.37 FEET; THENCE NORTH 00025'33" EAST, A DISTANCE OF 177.17 FEET; THENCE NORTH 35031'05" EAST, A DISTANCE OF 808.41 FEETTO A POINT ON THE WESTERLY BOUNDARY OF THE PLAT OF PARCEL 15-A AT THE RESERVE, RECORDED IN PLAT BOOK 28, PAGES 18 AND 18A, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE DEPARTING SAID BOUNDARY OF THE "RESERVE P.U.D.", ALONG THE FOLLOWING DESCRIBED FOURTEEN (14) COURSES OF SAID PLAT OF PARCEL 15-A AT THE RESERVE: THENCE SOUTH 20052'46" EAST, A DISTANCE OF 122.27 FEET, THENCE SOUTH 50052'416" EAST, A DISTANCE OF 153.59 FEET; THENCE NORTH 71 ° 13'40" EAST, A DISTANCE OF 380.91 FEET; THENCE NORTH 26008'05" EAST, A DISTANCE OF 248.91 FEET; C THENCE NORTH 21028'05" EAST, A DISTANCE OF 280.00 FEET; THENCE SOUTH 88 039'41 " EAST, A DISTANCE OF 208.45 FEET; THENCE SOUTH 01 °20'19" WEST, A DISTANCE OF 414.32 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 475.00 FEET AND A CENTRAL ANGLE OF 24010'21 "; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 200.40 FEET TO A POINT OF TANGENCY; THENCE SOUTH 25030'40" WEST, A DISTANCE OF 192.14 FEET TO A POINT OF NON -RADIAL INTERSECTION WITH A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 110.00 FEET AND A CENTRAL ANGLE OF 328020'48"; THE RADIUS POINT OF SAID CURVE BEARS SOUTH 09°41'04" WEST FROM THIS POINT; THENCE SOUTHWESTERLY, SOUTHEASTERLY, NORTHEASTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 630.38 FEET TO A POINT OF NON -RADIAL INTERSECTION; THENCE NORTH 25030'40" EAST, A DISTANCE OF 192.14 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 535.00 FEET AND A CENTRAL ANGLE OF 24010'21 "; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 225.71 FEET TO A POINT OF TANGENCY; THENCE NORTH 01020'19" EAST, A DISTANCE OF 593.55 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 490.00 FEET AND A CENTRAL ANGLE OF 59026'14"; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 508.31 FEET TO A POINT OF NON -RADIAL INTERSECTION; THENCE MISC193151-01.OES -3- September 22. 1994 m cm C NORTHERLY ALONG THE SAID BOUNDARY OF "THE RESERVE P.U.D.", THE FOLLOWING SIX (6) DESCRIBED COURSES: THENCE SOUTH 89006'05" EAST, A DISTANCE OF 43.88 FEET; THENCE NORTH 00053'55" EAST, A DISTANCE OF 78.58 FEET; THENCE NORTH 09045'25" EAST, A DISTANCE OF 137.18 FEET; THENCE NORTH 16027'39" EAST, A DISTANCE OF 1,128.20 FEET; THENCE NORTH 50056'15" WEST, A DISTANCE OF 385.49 FEET; THENCE NORTH 00014'17" EAST, A DISTANCE OF 252.14 FEET TO THE POINT OF BEGINNING. LESS THE PLAT OF "THE ENCLAVE AT THE RESERVE", RECORDED IN PLAT BOOK 28, PAGES 19, 19A AND 19B, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. CONTAINING 481.270 ACRES, MORE OR LESS. MISC\93151-01.DES ra September 22. 1994 1W *kple 1 i i i 1 I QQ 1 I i i3 1 c s � 1 it e s. s I 1 �Es 1 ti� • �;S -i ►- —— —— -————— — — — — —— �- -- --- i� I 1 + c i f F i Si l I `. i �� !i 1 I . i. A I s �! 'i ! F MR 41 If Ai 1 I t Y I I •;Itd� g 88xg 4�P 4 -Z;t¢i�j FF r e� SpS4�ac Q ScxE: r..ou •T Er u SKETCH TO ACCOMPANY DESCRIPTION r Lawson, Noble 3 Assoclates, Inc. O.M:: 11FOR ZGy6MT"4EWAtkEk6.LAA6PL-0d.WMrdK .., RESERVE P.U.D. SECTION II —"-•--�- 'R " P.G.A. AT THE RESERVE owc�nrcmo..c Rn 0 EXHIBIT 4 The names we wish to use for the Reserve Community Development District #2 Board of Supervisors are as follows: 1. Tohn Csapo 2. John Tompson .,�r 3. Lawerence Ieropoli 4. Robert Vail 5. William Cioffoletti cm U EXHIBIT 5 RESERVE COMMUNITY DEVELOPMENT DISTRICT #2 Proposed Infrastructure Construction Estimated Cost and Timetable Storm Water Management Other Total 1999/00 Phase I $2,500,000 $3,000,000 2000/02 Phase II $500,000 500 000 $1,000,000 The District intends to finance these infrastructure improvements through the issuance of Special Assessment or other Revenue Bonds. Repayment of these bonds will be by the District leving non -ad valorem assessments against the benefitted .properties within the District. 00 Z 111 � � wl :J i) . � • � ; ►� F.�i � .cv "1 iLIJ Lli rl- QD uj �'�" :•, :j »t n. c .� w• tiff . v .�•�. S > h 1 , , LL. fh -� : fir• R , , '/M , �-� t I'� Y�1� :{j /�"r r „ o � � r �N .• _ � [�Clrild•�?'('�ill.•w� _... - - v f� r •�'v , E _) ..1�+=.....rsJ , •,. ��� Wit' ;At r- r V,r, to F � 44 r o � I 1 Y , r � t • • • � t 1 • • 1 Ny We M EXHIBIT " 717 STATEMENT OF ESTIMATED REGULATORY COSTS 1.0 Introduction 1.1 Purpose and Scope This Statement of Estimated Regulatory Costs ("SERC") supports the petition to form the Reserve Community Development District #2 ("District"). The District comprises approximately 510 proposed acres of land located in the St. Lucie County, Florida. The limitations on the scope of this SERC are explicitly set out in Section 190.002 (2) (d), F.S. (governing District formation or alteration) as follows: C"That the process of establishing such a district pursuant to uniform general law shall be fair and based only on factors material to managing and financing the service delivery function of the district, so that any matter concerning -nermitting or planning of the development is not material or relevant (emphasis added)." 1.2 Overview of the Reserve Community Development District #2 The District is designed to provide community infrastructure, services, and facilities along with their operations and maintenance to the Reserve development. Reserve Community Development District #2 will encompass 510+ acres in The Reserve PUD II which will include residential and commercial development and a PGA golf course. The Development plan for the proposed lands within the District includes the construction of approximately 214 single family units, 1,036 multi -family units, 150,000 square feet of commercial and office, and an 18 hole championship golf course. All are authorized for inclusion within the District. 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541 (2), F.S. (1997), defines the elements a statement of estimated regulatory costs must contain: (a) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. (b) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. (c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the rule. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, and the cost of monitoring and reporting. (d) An analysis of the impact on small businesses as defined by Section 288.703�- F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. St. Lucie County is not defined as a small county for purposes of this requirement. _ (e) Any additional information that the agency determines may be useful. (f) In the statement of revised statement, whichever applies, a description of any good faith written proposal submitted under paragraph (1) (a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed rule. 2.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. As noted above, the Reserve Community Development District ##2 is a residential community designed for up to 1,250 total residential units. Formation of the District would put all of these households and the 150,000 square feet of commercial & golf course under the jurisdiction of the District. 3.0 Good faith estimate of the cost to state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. EM C 3.1 Costs to Governmental Agencies of Implementing and Enforcing Rule C State Government Entities There will be only modest costs to various State governmental entities to implement and enforce the proposed formation of the District. The District as proposed, will encompass under 1,000 acres, therefore, St. Lucie County is the establishing entity under 190.005 (1) F.S. The costs to review the record of the local hearing, the transcript of the hearing, and the resolutions adopted by the local general purpose government will be offset by the filing fee required under 190.005 (1), F.S. The modest costs to various State entities to implement and enforce the proposed rule relate strictly to the receipt and processing of various reports that the proposed District is required to file with the State and its various entities. Appendix A lists the reporting requirements. The costs to those State agencies that will receive and process the District's reports are very small, because the District is only one of many governmental units that are required to submit the various reports. Therefore, the marginal-'tost of processing one additional set of reports is inconsequential. Additionally, pursuant to section 169.412, F.S., the proposed district must pay an annual fee to the State of Florida Department of Community Affairs which offsets such costs. The proposed land for the District is in St. Lucie County and consists of less than 1,000 acres. St. Lucie County and its staff may process, analyze, conduct a public hearing, and vote upon the petition to establish the District. These activities will absorb some resources. These costs to the County are modest for a number of reasons. First, review of the petition to establish the District does not include analysis of the project itself. Second, the petition itself provides much of the information needed for a staff review. Third, local governments already possess the staff needed to conduct the review without the need for new staff. Fourth, there is no capital required to review the petition. Fifth, potential costs are offset by the required filing fee. Finally, local governments routinely process similar petitions for land uses and zoning charges that are far more complex than is the petition to establish a community development district. The annual costs to St. Lucie County, because of the establishment of the District, are also very small. The proposed District is an independent unit of local government. The only annual costs the County faces are the minimal costs of receiving and reviewing the various reports that the District is required to provide to the County. $l Saw, *410 3.2 Impact on State and Local Revenues Adoption of the proposed rule will have no negative impact on State and local revenues. The District is an independent unit of local government. It is designed to provide community facilities and services to serve the Reserve development project. It has its own sources of revenue. No State or local subsidies are required or expected. In this regard it is important to note that any debt obligations incurred by the District to construct its infrastructure, or for any other reason, are not debts of the State of Florida or any unit of local government. In accordance with State law, debts of the District are strictly its own responsibility. 4.0 A good faith estimate of the transactional costs are likely to be incurred by individuals and entities required to comply with the requirements of the ordinance. Table 1 provides an outline of the various facilities and services the proposed District may provide. The proposed CDD intends to finance the overall water management system including lakes, wetland control structures, interconnecting pipes, wetland _ irrigation, drainage divides, and other overall site costs such as sidewalks, landscaping, signage, etc. Table 1. Reserve Community Development District #2 Proposed Facilities and Services FACILITY FUNDED O&M OWNERSHIP BY Water Management CDD CDD CDD Other CDD CDD CDD The petitioner has estimated the design and development costs for providing the capital facilities and outlined in Table 2. The cost estimates are shown in Table 2 below. Total design and development costs for these facilities are estimated to be approximately $4,000,000. The District may issue special assessment or other revenue bonds to fund the development of these facilities. These bonds would be repaid through non ad valorem assessments levied on all properties in the District that may benefit from the District's capital improvement program as outlined in Table 2. 4 Prospective future landowners in the District may be required to pay non -ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addition, to the levy of non -ad valorem assessments for debt service, the District may also impose a non -ad valorem assessment to fund the operations and maintenance of the District and its facilities and services. Furthermore, locating in the District by new residents is completely voluntary. So, ultimately, all owners and users of the affected property choose to accept the non -ad valorem assessments as a tradeoff for the numerous benefits and facilities that the District provides. A Community Development District ("CDD") provides residents with the option of having higher levels of facilities and services financed through self-imposed charges. The District is an alternative means to finance necessary community services. District financing is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a neighborhood association, County pro vision, or through developer equity and/or bank loans. In -considering these costs it shall be noted that occupants of the lands to be included within the District will -receive three major classes of benefits. CFirst, those residents and businesses in the District will receive a higher level of _ public g services and amenities sooner than would otherwise be the case. Second, A CDD is a mechanism for assuring that the community services and amenities will be completed concurrently with development of lands within the District. This satisfies the revised growth management legislation, and it assures that growth pays for itself without undue burden on other consumers. Establishment of the District will ensure that these landowners pay for the provision of facilities, services and improvements to these lands. Third, a CDD is the sole form of governance which allows District landowners, through landowner voting and ultimately electoral voting for resident elected boards, to determine the type, quality and expense of the District services they receive, provided they meet the County's overall requirements. The cost impact on the ultimate landowners in the District is not the total cost for the District to provide infrastructure services and facilities. Instead, it is the incremental costs above what the landowners would have paid to install infrastructure via an alternative financing mechanism. Given the low cost of capital for a CDD, the cost impact to landowners is negligible. This incremental cost of the high quality infrastructure provided by the District is likely to be fairly low. 5 0 Table 2. Cost Estimate for District Facilities CATEGORY COST Water Management $3 000 000 Other $1,000,000 TOTAL $4,000,000 5.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defied by Section 120.52, F.S. There will be no impact on small businesses because of the formation of the District. If anything, the impact may be positive. This is because the Listrict. must competitively bid all of its contracts. This affords small businesses the opportunity to bid on District work. St. Lucie County has an estimated population (not incarcerated) in 1998 that is greater than 75,000. Therefore the County is not defined as a "small county" according to Section 120.52, F.S. 6.0 Any additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the Developer's Engineer and other professionals associated with the Developer. Prepared by Severn Trent Environmental Services, Inc. 6 09 M EXHIBIT B Map of Reserve Community Development District #2 0 0 EXHIBIT C Draft Ordinance 99-029 establishing the Reserve Community Development District #2 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ORDINANCE NO. 99-029 AN ORDINANCE AMENDING CHAPTER 1-6.5 "COMMUNITY DEVELOPMENT" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; ESTABLISHING THE RESERVE COMMUNITY DEVELOPMENT DISTRICT #2, ESTABLISHING BOUNDARIESOF THE DISTRICT; DESIGNATING THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS OF THE DISTRICT; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING'`' FOR FILING WITH THE DEPARTMENT OF STATE; PROVING FOR EFFECTIVE DATE; PROVIDING FOR CODIFICATION;' AND SETTING FORTH THE VOTE ON ADOPTION Whereas, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Board is authorized, pursuant.to Sections'125.01 and190.005, Florida Statutes, to establish community development districts that are less than 1,000 acres in size and located within the unincorporated areas of the county.' 2. Reserve Homes Ltd., L.P., a Florida Corporation, has filed with the Board a petition for the establishment of a community development district, which petition contains the information required by Section 190.005(I)(a), FI6W6'Statutes. 3. In accordance with Section 190.005(I)(d) and (2)(b), Florida Statutes, the Board held a public hearing on Janus ,J-992, after publishing notice of such hearing in the Tribune and the�Porl:Zt.Lucie IVd+rs�bft-�October 26, 1999 and November 2, 9 and 17, 1999. (a) The Board has considered the record of the public hearing and the factors set forth in Section 190.005(I)(e), Florida Statutes, and has found that: (b) All statements contained within the petition are true and correct; (c) The creation of the district is consistent with all applicable elements and portions of the state comprehensive plan and the effective local government comprehensive plan; (d) The area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community; Underline Is for Addition Ord. 99-029 Strike -Through Is for Deletion Page 1 Draft #1 Print Date: 10/27/99 1 (e) The district is the best alternative available for delivering community development 2 services and facilities to the area that will be served by the district; 3 4 (f) The community development services and facilities of the district will be compatible 5 with the capacity and uses of existing local and regional community development 6 services and facilities; and 7 8 (g) The area that will be served by the district is amenable to separate special -district 9 government. 10 11 12 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie 13 County, Florida: 14 15 PART A. ARTICLE VI 'THE RESERVE COMMUNITY DEVELOPMENT DISTRICT #2" OF 16 CHAPTER 1-6.5 "COMMUNITY DEVELOPMENT" OF THE CODE OF 17 ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS CREATED TO READ: 18 19 Section 1-6.5-70. Established; Name. 20 21 The Reserve Community Development District #2 is hereby established. _22 23 Section 1-6.5-71. Boundaries. 24 25 The boundaries of the Reserve Community Development District #2 are as set forth in the legal 26 description contained in the attached `Exhibi�i4 27 28 Section 1-6.5-72. Initial Board of Supervisors: 29 30 The following five persons are designated as the initial members of the Board of Supervisors of the 31 Reserve Community Development'District #2: John Caspo, John Tompson, Lawerence Leropoli, 32 Robert Vail, and William Cioffoletti 33 34 Section 1-6.5-73. Special Conditions. 35 36 The following special conditionsshall apply to the creation, operation, and existence of the Reserve 37 Community Development District #2: 38 39 1. The powers and responsibilities of the Reserve Community Development District #2 shall 40 be limited to the following: 41 42 a. Water management and control for the lands within the district and to 43 connect some or any of such facilities with roads and bridges. 44 45 b. Watersupply, sewer, and wastewatermanagement, reclamation, and reuse 46 or any combination thereof, and to construct and operate connecting Ord. 99-029 Draft #1 Underline Is for Addition £bike Through Is for Deletion Page 2 Print Date: 10/27/99 fir' intercepting or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway, or other public place or ways, and to dispose of any effluent, residue, or other byproducts of such system or sewer system. C. Bridges or culverts that may be needed across any drain, ditch, canal, floodway, holding basin, excavation, public highway, tract, grade, fill, or cut and roadways over levees and embankments, and to construct any and all of such works and improvements across, through, or over any public right- of-way, highway, grade, fill, or cut. d. District roads equal to or exceeding the specifications of the county in which such district roads are located, and street lights. e. Buses, trolleys, transit shelters, rideshating facilities and services, parking improvements, and related signage. f. Conservation areas, mitigation areas, and wildlife habitat, including the maintenance of any plant or animal species, and any related interest in real or personal property. g. Any other project within or without the boundaries of a district when a local government issued a development order pursuant to s. 380.06 ors. 380J.069 approving or expressly requiring the construction or funding of the project by the district, or when the project is the subject of an agreement between the district and a s governmental entity and is consistent with the local government compohensive', n of the local government within which the project is tote Iodated. ' No -other powers dutia,&-.or responsibilities are authorized for this District unless this approvefordinance is attended consistent with Applicable Florida Law. 2. The district wlrili use its best efforts'to develop in an integrated fashion the traffic circulation, water, and sewerfacilities on the district property as one functional interrelated community. 3. The district shalt, takei no action which is inconsistent with the comprehensive plan, ordinances or regulations of St. Lucie County. 4. No publicly owned property that may be located within the legal deception of this Community Development District shall be assessed for, or obligated in any way to pay for the infrastructure constructed, maintained or operated by the Community Development Described #2. Ord. 99-029 Draft #1 Underline Is for Addition 6trike Through Is for Deletion Page 3 Print Date: 10/27/99 :re 140 PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. 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 portionsof this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable as stated in Paragraph A. PART E. FILING WITH THE DEPARTMENT OPSTATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Depattment of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Paula A. Lewis XXX Vice Chairman John Bruhn XXX Commissioner Cliff Barnes XXX Commissioner Doug Coward XXX Commissioner Frannie Hutchinson XXX Underline Is for Addition Ord. 99-029 Strike Through Is for Deletion Page 4 Draft #1 Print Date: 10/27/99 PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, 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 H shall not be codified. PASSED AND DULY ENACTED this 23rd day of November, 1999 ATTEST: DEPUTY CLERK DJM OR99029A(reserve) Ord. 99-029 Draft #1 BOARD OF COUNTY COMMISSIONERS ST. LUCIE°`COUNTY, FLORIDA BY::, CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Underline Is for Addition 6trike Through Is for Deletion Page 5 Print Date: 10/27/99 m 1 2 3 4 5 6 7 8 10 11 12 13 Ord. 99-029 Draft #1 EXHIBIT A Underline Is for Addition 6trike Through Is for Deletion Page 6 Print Date: 10/27/99 err►' *410 1 2 UNDEVELOPED LANDS IN 3 THE RESERVE P.U.D. SECTION II 4 5 A Parcel of Land Lying in Sections 22, 23, 26 and 27, Township 36 South, Range 39 East, St. 6 Lucie County, Florida and Being More Particularly Described as Follows: 7 8 Begin at the Northeasterly Corner of "THE RESERVE P.U.D.", as Described in Resolution No. 84- 9 129 and Recorded in Official Record Book 442, Pages 667 Through 672, Public Records of St. 10 Lucie County, Florida, Lying on the North Line of Said Section 22; Thence South 89° 45' 33" East 11 along Said North Line, a Distance of 984.93 Feet to the Northeast Corner of .Said Section 22; 12 Thence North 890 03' 42" East along the North Line of Said Section 23, a Distance of 95.28 Feet 13 to the Intersection with the Westerly Line of a Florida Power and Light Company Right -of -Way as 14 Recorded in Official Record Book 97, Page 504, Public Records of St. Lucie County, Florida; 15 Thence South 00° 00' 11" West along Said Westerly Line and the West Line of a Florida Power and 16 Light Company Right -of -Way, Recorded in Official Record Book 120, Page 199, Public Records 17 of St. Lucie County, Florida, a Distance of 8,216.13 Feet :to a Point of Intersection with the 18 Westerly Right-of-way of Interstate 95 Interchange, Said Point Lying oma Circular Curve Concave 19 to the Northwest Having a Radius of 600.50 Feet and a;Central Angle of 1[6° 44' 09";-the Radius 20 Point of Said Curve Bears North 47' 44' 14" West ror thls Point; Thence Southwesterly along the 21 _ Arc of Said Curve, an Arc Distance of 175.40 Feet to a Point of Tangency; Thence South 590 00' 22 00" West, a Distance of 462.08 Feet to the Beginning ofa�ircular Curve Concave to the Southeast 23 Having a Radius of 621.42 Feet and a Central Angle of 21038' 42'; Thence Southwesterly along 24 the Arc of Said Curve, an Arc Distance of 234.76 Feet to a Pointof Non -radial Intersection; Thence 25 Departing Said Westerly Right-of-way Line North 310 44' 36" West, a Distance of.116.96 Feet to 26 a Point of Non -radial Intersection with a Circular Curve Concave to the Northwest Having a Radius 27 of 906.59 Feet and a Central Angle of 070 53. 49'; Thence Westerly along the Arc of Said Curve, 28 an Arc Distance of 124.95 Feet to a Point of-angency Said Curve Being the Proposed Southerly 29 Right-of-way Line of "Legends ©rive Extension"; Thence Westerly along Said Right-of-way Line the 30 Following Described Six (6) Courses: Thence South 36° 21' 33" West, a Distance of 474.55 Feet 31 to the Beginning ofa Circular Curve Concave to the Southeast Having a Radius of 735.00 Feet and 32 a Central Angle ofl-90 26' 55' Thence- Westerly along the Arc of Said Curve an Arc Distance of 33 249.49 Feet to a Point of Tangency;'Thence South 660 54' 38" West, a Distance of 405.25 Feet to 34 the Beginning of a Circular Curve Concave to the Northwest Having a Radius of 611.85 Feet and 35 a Central Angle of 250 31'.30"; Thence Westerly along the Arc of Said Curve, an Arc Distance of 36 272.58 Feet to a Point of Reverse Curve Concave to the Southeast Having a Radius of 812.04 Feet 37 and a Central Angle 400 21'09'; Thence Westerly along the Arc of Said Curve, an Arc Distance of 38 571.91 Feet to a Point of Tangency; Thence South 520 04' 59" West, a Distance of 128.01 Feet to 39 a Point on the Easterly Right-of-way Line of "Reserve Boulevard Extension" as Recorded in Official 40 Record Book 629, Pages 2523 Through 2526, Public Records of St. Lucie County, Florida; Thence 41 Northerly along Said Easterly Right-of-way Line the Following Described Nine (9) Courses: Thence 42 North 34° 28' 56"°West, a Distance of 77.41 Feet to the Beginning of a Circular Curve Concave to 43 the Northeast Having a Radius of 899.37 Feet and a Central Angle of 160 14'04'; Thence Northerly 44 along the Arc of Said Curve, an Arc Distance of 254.83 Feet to a Point of Tangency; Thence North 45 180 14' 52" West, a Distance of 784.39 Feet to the Beginning of a Circular Curve Concave to the Underline Is for Addition Ord. 99-029 strike Through Is for Deletion Page 7 Draft #1 Print Date: 10/27/99 0 M 1 East Having a Radius of 1,000 Feet and a Central Angle of 33' 35' 08'; Thence Northerly along the 2 Arc of Said Curve, an Arc Distance of 586.13 Feet to a Point of Tangency; Thence North 150 20' 3 16" East, a Distance of 434.07 Feet to the Beginning of a Circular Curve Concave to the West 4 Having a Radius of 1,424.00 Feet and a Central Angle of 38° 16' 24'; Thence Northerly along the 5 Arc of Said Curve an Arc Distance of 951.23 Feet to a Point of Tangency; Thence North 220 56' 6 08" West, a Distance of 732.22 Feet to the Beginning of a Circular Curve Concave to the 7 Southwest Having a Radius of 2,650.00 Feet and a Central Angle ,of 250 15' 29'; Thence 8 Northwesterly along the Arc of Said Curve, having an Arc Distance of 1,168.22 Feet to a Point of 9 Tangency; Thence North 480 11'37" West, a Distance of 270.27 Feet to the Beginning of a Circular 10 Curve Concave to the Southwest Having a Radius of 4,150.00 Feet and a Central Angle of 030 24' 11 54"; Thence Northwesterly along the Arc of Said Curve, an Arc Distance- of 247.35 Feet (Said 12 Curve Being the Northeasterly Right-of-way Line of Reserve Boulevard Ingress and Egress 13 Easement Recorded in Official Record Book 448, Page2468, Public Records of St. Lucie County, 14 Florida) to a Point on the Easterly Perimeter of Said "Reserve P.UD.", Said Point Being on a Curve 15 Concave to the Southeast Having a Radius of 50.00 Feet~and a.Central Angle of 010 00' 37"; the 16 Radius Point of Said Curve Bears South 500 35' 57" East from this Point; Thence Northeasterly 17 along the Arc of Said Curve, an Arc Distance of 0.88 Feet to aPoint of Compound Curvature of a 18 Circular Curve Concave to the Southeast Having a Radius of 553;97 Feet and a Central Angle of 19 49' 01' 51'; Thence Northeasterly and Easterly along the Arc of Said Curve, an Arc distance of 20 474.06 Feet to a Point of Tangency; Thence North 890 6'.31 " East, a Distance of 943.43 Feet; 21 22 0 Thence South 47' 07' 11" East, a Distance o `1 ^I0:08 Feet; 23 0 Thence North 540 03' 26" West, a'Distance of 350.36 Feet;' 24 0 Thence North 300 53' 39" East, a Distance of 235.32 Feet; 25 0 Thence North 880 14' 17" East,'a Distance of 80.18``Feet; 26 9 Thence North 01 ° 33' 25" East, a Distance of 31,:70 Feet; 27 0 Thence South 880 54' 56" 'East, a ;Distance of 265.37 Feet; 28 0 Thence North 00' 25' 33" East, a Distance #f-1'77.17 Feet; 29 Thence North 35° 31' 05"East, a Distance of 808.41 Feet 30 31 To a Point on The Westerly Boundary of The Plat of Parcel 15-A at The Reserve, Recorded in Plat 32 Book 28, Pages 18 And 18a, of The- Public. Records of St. Lucie County, Florida; Thence Departing 33 Said Boundary of.=The "Reserve P=U,M:" °along the Following Described Fourteen (14) Courses of 34 Said Plat of Parcel ,l &A at the Reserve: 35 36 0 Thence South 209 52 46" East, a Distance of 122.27 Feet; 37 0 Thence South 500 52' 46" East, a Distance of 153.59 Feet; 38 0 Thence North 710 13'40" East, a Distance of 380.91 Feet; 39 0 Thence North 260 08' 05" East, a Distance of 248.91 Feet; 40 0 Thence North 210 28' 05" East, a Distance of 280.00 Feet; 41 42 Thence South 880 39' 41 " East, a Distance of 208.45 Feet; Thence South 010 20' 19" West, a 43 Distance of 414.32 Feet to the Beginning of a Circular Curve Concave to the Northwest Having a 44 Radius of 475.00 Feet and a Central Angle of 24" 10' 21'; Thence Southwesterly along the Arc of 45 Said Curve, an Arc Distance of 200.40 Feet to a Point of Tangency; Thence South 25' 30' 40" 46 West, a Distance of 192.14 Feet to a Point of Non -radial Intersection with a Circular Curve Concave Ord. 99-029 Draft #1 Underline Is for Addition Strike Throagh Is for Deletion Page 8 Print Date: 10/27/99 *40 1 to the Southwest Having a Radius of 110.00 Feet and a Central Angle of 3280 20' 48'; the Radius 2 Point of Said Curve Bears South 090 41' 04" West from this Point; Thence Southwesterly, 3 Southeasterly, Northeasterly and Northwesterly along the Arc of Said Curve, an Arc Distance of 4 630.38 Feet to a Point of Non -radial Intersection; Thence North 25" 30' 40" East, a Distance of 5 192.14 Feet to the Beginning of a Circular Curve Concave to the Northwest Having a Radius of 6 535.00 Feet and a Central Angle of 24° 10' 21'; Thence Northerly along the Arc of Said Curve, an 7 Arc Distance of 225.71 Feet to a Point of Tangency; Thence North 01 ° 20' 19" East, a Distance of 8 593.55 Feet to the Beginning of a Circular Curve Concave to the Southwest Having a Radius of 9 490.00 Feet and a Central Angle of 59° 26' 14'; Thence Northwesterly along the Arc of Said Curve, 10 an Arc Distance of 508.31 Feet to a Point of Non -radial Intersection; Thence Northerly along the 11 Said Boundary of "The Reserve P.U.D.", the Following Six"(6) Described Courses: 12 13 0 Thence South 89° 06' 05" East, a Distance of 43,88 Feet; 14 0 Thence North 000 53' 55" East, a Distance of 78.58 Feet; 15 0 Thence North 090 45' 25" East, a Distance of 137.18 Feet; 16 0 Thence North 160 27' 39" East, a Distance of 1,128.20 Feet; 17 0 Thence North 500 56' 15" West, a Distance of 385.49 Feet;;_ 18 0 Thence North 00014' 17" East, a Distance of 252.14 Feet to the Point of Beginning. 19 20 Less the Plat of "The Enclave at the Reserve", Recorded4th.Plat Book 28, Pages 19,19A and 19b, 21 of the Public Records of St. Lucie County, Florida •arid all public road rights -of -way within the 22 boundaries of this description. - 23 _ 24 Containing 481.270 Acres, More or Less. 25 26 And; 27 28 Reserve P.I .D., Section IF- Commercial TracC -,North Referencing the Revised Interchange 29 Boundary Linea Parcel of Land Lying Within Section 27, Township 36 South, Range 39 East, St. 30 Lucie County, Florida, More Particularly Described as Follows: 31 32 Commence atthe NortheasterlyC6merof "THE RESERVE P.U.D." as Described in Resolution No. 33 84-129 and Recorded 16,Offlcial Record"Book 442, Pages 667 Through 672, Public Records of St. 34 Lucie County, Florida, Lying on the North Line of Said Section 22; Thence South 89045'33" East, 35 along Said North Line of`Section 22, a Distance of 984.93 Feet to the Northeast Corner of Said 36 Section ,22, Thence North,89°23'09" East, along the North Line of Said Section 23, a Distance of 37 95.77 Feet to the Intersection with the Westerly Line of a Florida Power and Light Company Right- 38 of -way, as Recorded in Official Record Book 97, Page 504, Public Records of St. Lucie County, 39 Florida; Thence South 00° 00' 11 " West along Said Westerly Line of the Florida Power and Light 40 Company Right-of-way, and Also the West Line of a Florida Power and Light Company Right-of- 41 way as Recorded in Official Record Book 120, Page 199 Through 201, Public Records of St. Lucie 42 County, Florida, a`Distance of 8,216.13 Feet to a Point of Intersection with the Proposed Westerly 43 Right-of-way of the Interstate 95 Interchange Parcel as Delineated by a Description and Map of 44 Survey ofthe 1-95 Interchange - Prima Vista Boulevard, Prepared by David W. Betham, P.L.S., with 45 Florida Certification No 3199 with the St. Lucie West Thomas J. White Development Corporation, 46 Dated January 30,1989, with the File No. 95-1 Through 95-3 Consisting of Three Pages, with Last Underline Is for Addition Ord. 99-029 StrikeThrough Is for Deletion Page 9 Draft #1 Print Date: 10/27/99 M 2 4 5 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 Revision of 2-9-89; Thence Southwesterly along Said Westerly Right -of -Way Line the Following Courses and Distances: Aforesaid Point of Intersection Being a Point of a Curve Concave to the Northwest to Which a Radial Line Bears South 47' 44' 14" East, Said Curve Having a Radius of 600.50 Feet, Thence Southwesterly along the Arc of Said Curve a Distance of 175.42 Feet; Through a Central. Angle of 16' 44' 14"; Thence South 590 00' 00" West, 462.08 Feet to a Point of Curvature of a Curve Concave to the Southeast with a Radius of 621.42 Feet Thence Southwesterly along the Arc of Said Curve a Distance of 233.68 Feet, Through a Central Angle of 210 32' 43" to the Point of Beginning; Thence Continue Southwesterly along the Arc of Said Curve a Distance of 183.10 Feet; Through a Central Angle of 160 52' 55'; Thence South 200 34' 22" West, 532.11 Feet to a Point of Curvature of a Curve Concave to the Northwest Having a Radius of 131.00 Feet; Thence Southwesterly along the Arc of Said Curve a Distance of 149.35 Feet Through a Central Angle of,650 19' 11 "; ThenceSouth 850 53' 33" West, 381.82 Feet; Thence South 000 06' 27" East, 64.23 Feet; Thence South 890 53' 33". West, 300.00 Feet to a Point on the Northerly Right-of-way of the Proposed "Reserve Boulevard" Extension; Thence Departing Said Proposed Interchange Parcel'and along the Northerly Right-of-way Line the Following Courses and Distances: Continue South 890 53' 33" West, 402.58, Feet; Thence North 76° 40' 16" West, 417.12 Feet to a Point of Curvature of a Curve Concave to the Northeast, Having a Radius of 515.59 Feet; Thence Northwesterly along the Arc of Said Curve a Distance of 379.64 Feet, Through a Central Angle of 420 1 V 20" to a Point of Compound Curvature of a Curve Concave to the East, with a Radius of 50.00 Feet; Thence Northeasterly,.along the Aire U"Sald' Curve a Distance of 74.54 Feet, Through a Central Angle of 86° 33' 55" to aPoint on the Easterly Right-of-way Line of the Proposed Extension of "LEGENDS DRIVE" an 80 Foot Ingress and Egress Right-of-way Thence Departing Said Northerly Right-of-way of the Proposed "RESERVE BOULEVARD", Northeasterly along Said Proposed Easterly Right-of-way Line of "LEGENDS DRIVE" the Following Courses and Distances Thence North 52 04' '59" East, 128.01 Feet to a Point of Curvature of a Curve Concave to the Southeast, Having a Radius of 812.04 Feet; Thence Northeasterly along the Arc of Said Curve a Distance of 571.91 Feet, Through a Central Angle of 40° 21' 09" to a``Point of Reverse Curvature of a Curve Concave to the Northwest Having a Radius of 611.85 Feet; Thence Northeasterly along the Arc of Said Curve a Distance of 272.57 Feet, Through a Central Angle of 250 31' 33"; Thence North 660 54' 39" East, 405.25 Feet to a Point of Curvature of a Curve Concave to the Southeast, Having a Radius of 735.00 Feet; Thence Northeasterly along the Arc of Said Curve a Distance of 249.49 Feet, Through a Central Angle of 190 26' 55'; Thence North 86' 21' 33" East 474.55 Feet to a Point of Curvature of a Curve Ord. 99-029 Draft #1 Underline Is for Addition &Mte-Rwengh Is for Deletion Page 10 Print Date: 10/27/99 M M Concave to the Northwest Having a Radius of 906.59 Feet; Thence Northeasterly along the Arc of Said Curve a Distance of 124.96 Feet Through a Central Angle of 07° 53' 49"; Thence Departing Said Proposed Easterly Right-of-way Line of "LEGENDS DRIVE" South 310 44' 36" East 116.67 Feet to the Point of Intersection with the Said Westerly Line of the Interchange Parcel and the Point of Beginning; Less all public road rights -of -way within the boundaries of this description. Containing 30.82 Acres, More or Less. (Total area - 522.090 acres, more or less) Underline Is for Addition Ord. 99-029 Staike Through Is for Deletion Page 11 Draft #1 Print Date: 10/27/99 M 1 2 3 4 5 [: 7 9 10 11 12 13 14 15 16 Ord. 99-029 Draft #1 EXHIBIT B Map of Reserve Community DevelO,Dment District #2 Underline Is for Addition Strike-T wettg t Is for Deletion Page 12 Print Date: 10/27/99 I , NO. 4 - D DATE: 11/23/99 CONSENT [ REGULAR [ PUBLIC HEARING [ X ] Leg.[ ] Quasi-Jud. [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B : SUBMITTED BY: Community Development C munity Development Director SUBJRCT: Request for Rezoning of Property located on the west side of Lennard Road, approximately % mile south of Tiffany Road from the RS-3 (Residential, Single -Family - 3 du/acre) Zoning District to the RM-9 (Residential, Multiple -Family - 9 du/acre) Zoning District - Draft Resolution 99-194. BACKGROUND- Petition of BNG Partners, Inc., for a Change in Zoning from the RS-3 (Residential, Single-family - 3 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 the development of a multi- family apartment complex for seniors only. (File No.: RZ-99- 024) N/A PREVIOUS ACTION: The Planning and Zoning Commission, by a vote of 8 to 0, with one member absent (Ramon Trias), recommended approval of the rezoning at its October 21, 1999, meeting. REC''OMMENDATION& Approve Draft Resolution 99-194 changing the zoning from the RS-3 (Residential, Single -Family - 3 du/acre) Zoning District to the RM-9 (Residential, Multiple -Family - 9 du/acre) Zoning District for property located on the west side of Lennard Road, approximately % mile south of Tiffany Road. COMMTSSTON ACTION: [ ] APPROVED [X] DENIED [ ] OTHER: Do as M. Anderson Vote: 4-1 (Lewis) County Administrator Review and Approvals County Attorney: Management & Budget: Purchasing: Originating Department: Other: Other: Finance: (Check for Copy only, if applicable) ,,%Wf COUNTY COMMISSION REVIEW: November 23, 1999 Resolution 99-194 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: November 16, 1999 Subject: Petition of BNG Partners, Inc., for a Change in Zoning from the RS-3 (Residential, Single -Family - 3 du/acre) Zoning District to the RM-9 (Residential, Multiple -Family - 9 du/acre) Zoning District. (File No.: RZ-99-024) The proposed rezoning of property is located on the west side of Lennard Road, approximately '/z mile south of Tiffany Road from the RS-3 (Residential, Single -Family - 3 du/acre) Zoning District to the RM-9 (residential, Multiple -Family - 9 du/acre) Zoning District is to allow for the development of a multi -family apartment complex for senior citizens. - At the October 21, 1999, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 8 to 0, with one member absent (Ramon Trias), recommended approval of this petition as set forth in Draft Resolution 99-194. This proposed rezoning meets the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code, and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends the approval of this petition for a change in zoning from the RS-3 (Residential - Single -Family - 3 du/acre) Zoning District to the RM-9 (Residential, Multiple -Family - 9 du/acre) Zoning District as set forth in Draft Resolution 99-194. SUBMITTED: t wP Od -9 —huk, AICPity Development Director cs cc: Beckey T. Edwards, President BNG Partners, Inc. Harold Melville, Melville & Sowerby Gregg Boggs, Thomas Lucido & Associates File 1 2 3 4 5 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 99-194 FILE NO.: RZ-99-024 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE RS-3 (RESIDENTIAL, SINGLE-FAMILY - 3 DU/ACRE) ZONING DISTRICT TO THE RM-9 (RESIDENTIAL, MULTIPLE -FAMILY 9 DU/ACRE) 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. BNG Partners, Inc.. presented a ;petition for a change in zoning from the RS-3 (Residential, Single -Family - 3"du/acre) Zoning District to the - RM-9 (Residential, Multiple -Family - 9 du/acre) Zoning District for the property described below. 2. On October 21, 1999, the St. Lucie County Planning and Zoning Commission held;=a public hearing obis the petition, after publishing notice at least 10 days prto to.-the� hearing and notifying by mail all owners of property within 600,feet of the subject property, and recommendedAh6tl.the Board of County Commissioners approve the hereafter described request for a change in zoning from the RS-3 (Residential, Single -Family - 3 du/acre) Zoning District to the RM-9 (Residential, Multiple.Family - 9 du/acre) Zoning District for the property described below. 3. On November 23, 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-99-024 November 23, 1999 Resolution 99-194 Page 1 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 1, Township 37 South, Range 40 East, St. Lucie Gardens, Block 1, Lots 13,14, and 16. (Tax ID. No. 3414-501-3513-000/8, 3414-5014514 5010, 3414-501-3514- 100/6 and 3414-501-3516-00019). (Location: West side of Lennard.Road-,approximately-'/i mile south of Tiffany Road) — - owned by Harry Lentz Jr. andlames R� Lentz, .is hereby changed from the Fa RS-3 (Residential, Single-mily 3 du/acre) Zoning District to the RM-9 (Residential, Multiple -Family 9 du/acre) Zoning District. B. The St. Lucie County, CommunityaVelopmont Director is hereby authorized and directed to cause�the chanwld be:made on the Official Zoning Map of St. Lucie County, Flodda,;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 John D. Bruhn XXX Vice -Chairman Frannie Hutchinson XXX Commissioner Paula A. Lewis XXX Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX File No.: RZ-99-024 November 23, 1999 Resolution 99-194 Page 2 *40 PASSED AND DULY ADOPTED This 23' Day of November, 1999 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: cs H:\Wp\Rezoning\BNG Properties\rezoning-resolution.wpd File No.: RZ-99-024 November 23, 1999 Resolution 99-194 Page 3 -4b4..— z n yam, y W N A O f0�_•,�,H G � v w P N i"4N o a ° N E o v a : cc 'R IY AD ow 0 z coP a � t Is1£ S�J►f'LA le N "Ise P o o p rc 9 is � E (� d Mi J� NYIfI ► � $ 'p" as _ av sow e - g�, v a Q W W .( NOLSWW as vse r ae w v rc avow av3on Davow wlnsa30aa O z U maw w.a =O mow 3Ml 37Nvw U V mow 1 cc maw lvav3 w3" W �+ ' mow ams C L o: ►Z-0 WW3 Z IVNVJ W W n S S Y£ 1 S 5£ 1 S 9£ 1 AiNnoo 33eOHO33NO � o �BNG Partners, Inc.` Zoning J RZ 99-024 This pattern indicates subject parcel This shading indicates City of Port St. Lucie n ,r + ®0 no am M Grand Drive =¢ %IGfdrid vino#�rway;- 'o Port St. Lucie City Li 0 c c R M-5 J 7 N Gy Community Development Geographic Information Systems Map revised September 23,1999 • �` m. o mP ha b. OmWftd a 9 W P�.m 9 mWr woo... ony Whft W,~ hu bw �d. a o�. w P a.,.. &M � HINomrYm POYNNA 1. M ft Wd 1- r • Wg* CM O doarnwq. Land Use E , J :cr R:PS- 4 LNG Partners, Inc: RZ 99-024 This pattern indicates subject parcel This pattern indicates City of Port St. Lucie J 0 N O r A .+ Vi ; J<- (In C O 7' _ • -a• rJg q'. Grand Drive Gfdrid- LVptBr�dy-- � , - v Port St. Lucie City Limits of 0 C C v J RM 7 Community Development Geographic Information Systems Map revised September 23.1999 TN. m.V r- b— m Vw br g.— pw.rp .4 W-- p.P— .Ny. wrw .my moe on bow MOO m pone. e. mo.t .w . N j hbmre.n X"kik 4 Y W W—d br — Y . WR* bk q d—t 1 V on M PUBLIC HEARING - BNG PARTNERS, INC. FILE NO. RZ-99-024 �.J :a:. ...✓�,i �,1Q .7�: ::.v rJ d7 F,. Ms. Cyndi Snay presented staff comments. Ms. Snay stated Agenda Item 5 is the application of BNG Partners, Inc. to change the Zoning of property located on the West side of Lennard Road, approximately '/z mile south of Tiffany Road from the RS-3 (Residential, Single-family - 3 du/acre) Zoning District to the RM-9 (Residential, Medium - 9 du/acre) Zoning District. The subject property abuts RM-9 (Residential, Multiple - Family - 9 du/acre) zoning to the north and RM-5 (Residential, Multiple -Family - 5 du/acre) to the south, Port St. Lucie RM-11 (Multiple Family Residential 11 du/acre), CP (Professional Commercial) and I (Institutional) to the east and OSR (Open Space - Recreational) and RS-2 (Single -Family 2 du/acre) to the west. The petitioners, BNG Partners, Inc., are requesting this zoning change in order to develop the subject property into a multiple -family residential development. The proposed RM-9 (Residential, Multiple -Family - 9 du/acre) zoning district is compatible with the existing RM (Residential Medium) land use classification. The proposed RM-9 (Residential, Multiple -Family - 9 du/acre) Zoning District, is compatible with the existing zoning designations and development patterns within the surrounding area. Staff has discussed this petition with the Planning Staff at the City of Port St. Lucie. The City Staff stated that the only issue was the available trips on Lenard Road. This will be dealt with at the time of site plan 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. And recommends 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 Ms. Snay. Ms. Dreyer asked staff about the location of the existing single-family residential unit to the south. Ms. Snay stated she did not measure the distance. Mr. Matthes asked staff if the improvement of Lennard Road is on the CIP at this point. Mr. Kelly stated he will have to check on the item. Chairman Wesloski asked if the applicant was present and would like to address the Board. Planning & Zoning Commission/ August 19, 1999 Local Planning Agency Page 6 `%Wo v"O Mr. Harold Melville, representative for applicant, addressed the Board. Mr. Melville stated he has an aerial which depicts the house. Mr. Melville pointed out that the location of the house is to the south of the subject property. Mr. Melville further stated that on the west side there is a lot of natural buffering. The property to the north is RM-9 at the current time. Mr. Melville further stated that the zoning designation would be consistent with an orderly and logical pattern of growth within the area. Mr. Melville stated that they are requesting that the application be furthered to the County Commissioners with a recommendation of approval. Mr. Moore requested the opportunity to review the aerial. Chairman Wesloski asked if there were any questions for Mr. Melville. Chairman Wesloski asked Mr. Melville if the project was going to be low-income housing. Mr. Melville stated that the project will be a senior community deed restricted for senior's only. It will be funded through a program where there are tax credits for the developer. The tax credits will allow the developer to charge a lower price on the units. Chairman Wesloski requested that Mr. Melville clarify that the units are for those individuals 55 years or older. Mr. Melville confirmed this and stated that it will be deed restricted as an adult community. Mr. McCurdy asked if the applicant was planning on site built homes or modular units. Mr. Melville stated that the project will be apartment units. Ms. Dreyer requested that Mr. Melville identify the yellow lines on the aerial. Mr. Melville stated that the parcel in question is a portion of a larger parcel of land, that is approximately 100 acres in size. Mr. Melville pointed out that the yellow lines represent the 30-acre subject parcel. - Mr. Merritt asked Mr. Melville to clarify if the parcel was an old citrus grove. Mr. Melville confirmed that the subject parcel is an old citrus grove. At this time, Chairman Wesloski opened the public portion of the hearing. Planning & Zoning Commission/ August 19, 1999 Local Planning Agency Page 7 Mva NOWW ` 0 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 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. Moore moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of BNG PARTNERS, INC. for a Change in Zoning from the RS-3 (Residential, Single -Family - 3 du/acre) Zoning District to the RM-9 (Residential Multiple -Family - 9 du/acre) Zoning District. Mr. Matthes seconded the motion, and upon roll call the motion was approved 8-0. Chairman Wesloski stated that the petition would be forwarded to the Board of County Commissioners with a recommendation of approval. Planning & Zoning Commission/ August 19, 1999 Local Planning Agency Page 8 %to AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, NOVEMBER 23, 1999 7:00 P.M. Petition of BNG Partners, Inc., for a Change in Zoning from the RS-3 (Residential, Single -Family - 3 du/acre) Zoning District to the RM-9 (Residential, Multiple -Family - 9 du/acre) Zoning District for the following described property: (Location: West side of Lennard Road, approximately 0.50 mile south of Tiffany Road) 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 testing 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 November 10, 1999. Legal notice was published in the Port St. Lucie News and the Tribune newspapers of general circulation in St. Lucie County, on November 11, 1999. FILE NO. RZ-99-024 M r; D2 The News, Thursday, 0 e' Wrlijl 999. Z-3, 17YV-, TO WHOM IT,CO f No oc�cordo of the Sl. Coup opment':Cods and In -a n- with fita-provislons of the St. Lude Cour0y4tonigahens!".^ Pp, requeslipl'Zus St W' Boordl I..BNQ 1PA INC. po- RTtORS MAS 0 S$ C IATE41 _ AGENT `,'for_o _ 'O-Chwige-jZckila g from the RS-3 Single Family : :-33 clm/ W " District no Dis to the RM 9 'tResidi0tal'- .-Multfple- Family Q ' I onin g Distrid or I -wl% .- t 010 described pro". I.D. - Nos.',3414-501-35113-00.0/8, 3414401-35114650/b,-. 3414- 501-351.4-1166/46-, and 3414-5014516=000101.`'. Road, opproxfi�a*-.70.50' mile "A of mny Q11i 2.,;DFP. LLC, (STEVEz TIERNEY, .AGENT),: for 6 Conditional Use Permit 16,61low f9rm- products. and warehQuiinj'ln the A'G-I,.(Agrcul- tural —1 cIu/acr41bnI4 District for the. following described properly:. �- � - . . . . The Wed 'A of .the West 1h of the NE 1/4 of.the SW, . Y4 of Section 11 Township 35 36^10ge 39 East St, Lucie County,. Florldo; less ; cl�.- excepff ng 'therefrom 'road and canal right-of-ways. (Tax I.D. No. '2311.3 . 12,00027=13)..; (Location: 8455 Orange Avenue) 3. JERRY HILL .AND MARGO STEVENS (HOYT. C. MURPHY, INC,'.AdENT),.-for a Change in Zoiiing from the AR --I (Agricultural, Rest al t` I du/c�i) Zoning 'District t1to the' RE-2 (Residential,. Estate a 2 du/ace) Zoning District for, the'- following' described I `ol"the North 991.4'fio,o the Woo 1A of:ffw NW 1/44the SE 114 of. -Section 32 Township 35So*464 P' 40 East; St. Lucie County,.Florklocioppling therefrom rights.l.of-way for public roads and clra(no A 0"ches, Jim tdlaw*iticin of described. M. Offl4j's=cs 659, - pale -t3Qf ilfe PuWc .Reoq* 1923af the R c �4t: Lucia y?**!Fi' allotiso'- lying s -�� the 4f - south north * property described in I Officl or Rebords Book 493,; page 1737, bf-the Publk Records of St. Jude County, Hari - do. '(Tax A.-D.. No. 2432-423-0001-010/2).'. (Location: East skis of larlstensen Rood, approximately 0.80 mile north of West Mkhva' Roc In the Cwintytomvnisilba'<Nim- bers, 3rd floor of the Rogeifolfts floddo on'NoviinbW.23, If", beginning at ,7-00 P.M. or as soon thereaftirospossible. Anyone, with o'disabdHy4cIufr-* In occom��io-,6ffffwe*" meeting . should contact the St." County C—munity.Ser-Aces Mov= ager at 5611442-1777. or TDO 561 /462-1428 at (48) hours prior to 11m: meeting. .PURSUANT TO Section 286.0105, Florldd - SkMes, - If b person decides to appeal any-clect- sion made by a board, agency; br commission With respect to- any matter considered of a. meefi .'or hearing, he will need ci record of .the proceedings, and thck for. such purposes, he may need fb ensure that a-verbotim record of the pro- ceediings is ` mode, which *record includes the * testimony - and'evi- dence uponwhidi the appeal ls;fo be based. - BOARD OF COUNTY ST. LUCIECOUNITY.- FLORIDA /S/ PAULA A. LEWIS, CHAIRMAN Pub-- Nov. 11, 19" 01010 2300 VIRGINIA AVENUE FORT PIERCE, FL 34982 ATTN.: JoANN RILEY THEOTTIMHUIVE P.O. Box 69 Fat Pierre, SL Lucie Cow", Florida -U95"M STATE OF K ORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared Maureen Saltzer- Gawel, or Cathi Revels, who on oath says that he/she is publisher, classified manager of The Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of the advertisement, being a PUBLIC HEARING AGENDA in the matter of three applicants have requested the Board of County Commissioners consider their requests, etc. was published in said newspaper in the issues of November 11, 1999 Aftant further says that The Tribune is a newspaper published at Foci Rerce` in said St. Lucie County. Florida. and that the said newspaper has heretofore been continuously published in SC Lucie County. Florida, each day and has been entered as second class mail matter at the post office in Fort Pierce. in said St. Lucie County. Florida, for a period of one year next preceding the first publication of the attached copy of advertisement: and af[iant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate. commission or refund for the purpose of securing this advertisement for publication in the said newspaper. s to and subscribed before me November 11, 1999 ...I $.+ ' :i: ' C07rn Ec r. 4/2'-/2002 t��itite. 73:�!34 rer.cvl!y xn:,rm t t ru,or !.o. Notary Public No. 8045 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS . PUBLIC HEARING AGENDA NOVEMBER 23. 1999 To WHOM IT MAY CONCERN: NOTICE is hereby given In accordance with; Section ; 11.00.03 of the St. Lucie County Land Development Code and in .accordance with the provisions of the St. Lucie County Comprehensive Plan, that the following applicants have: requested that the St. Lucie County Board of County, Commissloners consider their request as,fopows• 1. IHNG PARTNERS, INC. OHOMAS `IUCLDO !c A'SSOCKJES. AGENT). fa a Change in Zoning from the RSJ, (Rasinieriffal;<. Singl9-Famlty -. 3 du/ocre) Zoning: District ,io.. Me RMrq (Residential.Mulk*i-Famlly - 9 du(r;tae).ZoMng b jor the following described property: SECTION 1. TOWNSHIP 37 SOUTH, RANGE '40' FAST S[. 1UCIE,e;r. GARDENS, BLOCK 1, LOTS,13. 14 AND 16. (iNS dA.,,NOS.: ; 3414-501-3513-000/8, 3414-501-3514050/0,`. 3414-501-3514-100/6, AND 3414-501-351 (LAcation: West side of Lenno(d Rood.,appro?dmateN. 0.50 mlle south of Tiffany Avenue) 2. OFR. LLC (SIEVE BERNEY, AGENT).' for'o' >ri:a;•: . Permit to allow form products -and>warelwusklg, althe AG-1 (Agriculhsai - 1 du/acre) Zoning Dishk l' (a?The folowing described property: - THE WEST 1/2 OF THE WEST OF THE HE 114 OF THE SW'1/4 OF . t -SECTION I I JOWNISHIP 35 SOUTH, RANGE-39'.EASS< !b)CIEr' COMM ROMA; LESS AND DCCEP1iNG(iHERBR•OMA.;w".! AND CANAL RIGHT-OF-WAYS."(WL ;LIB.. 2311-312-0002-000/3). (LocaBon: _4455 orrnge Ave") - : ,,;• .: � ; `; 3. JERRY HILL AND, MARGO SiEVEN$ (H OYr C.-IMLIRPH1i ,TtJC't � . AGE1q.fa a Change in Zoning (coma the .ARai-' VariatHurd. Residential - i du/axe).ZoNrtg'Ofshic:i to'the' RE-2 (Residentid: Estate - 2 du/acre) Zo rlrrg.DlsMCt tontine :+ following described properly. ;tk r,. -i THE.kKfTH 165 FEET.OF THE NORTH 9914 FI T,OF, WFST" 1/2;OF :THE .NW; 1/4 OF THE'SE 1/4 OF;jE tICN.L.32 TOWNSHIP 35 S011TH, RANGE-•40 EAX-,SE Oli R Wk E)CCEFIING TH EWROM RIGHIS tF,, WAYFOR, PUBUC ROADS AND DRAINAGE CANALS,-I1ND_ ORCHES. ;L1S5<, ALL. THAT PORTION. OF LAND • DESCRIBED IN, OFFK'IAL) RECORDS BOOK 659. PAGE 930 OF THE PUBUC RECORDS; OF SE IfJCIE COUNTY.` `FLORIDA HYING .SO=,OF.C- MSS.! DESCRIBED IN INSTRHHMEW RECORDEDIN;OFFICIAL JiE,COROSi BOOK Z72. PAIGE'1923 OF THE KIBLJG•RCCCJRIJ '4,:SG,UK7E OOUMx RORIDA. AND A SO LYING: SO,M; 0 1lW-' H • UNE.OF-PROPOW DESCRIBED IN OFFICUIC RECORDS QJCi 493r-PAIGE T737 OF THE PUBLIC -.RECORDS-. - COlM11(.FHARnk.(WC I.D, NO.2432-423-0Q01-01r Y' . gocallon: East site of Christensen .ROOtt.{rL.Y0-00r4i�:.• approximately 0.80 mile rarlh_cf.Wed f .. i • Midway Road) ;+ PUBLIC HHEARINO yA be held In.the County Commission Chambers, 3rd floor of the Roger R*Gs Admir!i*dW An. nex ..::: it"ng. 2300 Virginia Avenue, Fort Pleice;''Ftaidc 'on" November 23, 1999,, beginning at 7:00 P.M. of 6i 36M' IflereaHer as possible. Anyone with a disability requiring accommodation to attend 1his meeting should .contact the St. Lucie-ICoynty Gommuhity Services_ Manager. at.'561/462-11777 of"!"TT D 561/462-1428 at least forty-eight (48) 'hour{ prior'"to' ahe: w�PURSUANT-TOSectiort286,01A5 Flodda sIdu1es:.g a pe�rsan, tlecldes"-to+appeal any decision made by a board .agncYt; or commission with respbd to •any: matter,i onsldered;at..a meeting or treating, he will need a record of the: pr „oceeQaigsn 8nd That. for such purposes, he may need fo ensure':ftraf.;; yerbatim record of the -proceedings is made,' which" . . Includes the testimony and evidence upon which the' . r ti , •, Q to be BOARD OF COUMY COMMISSIONERS ST. LUCIE COUNTY`'FLORIDA /S/'PAULA A. LEWIS. CHAIRtMAN e Publish: November 11. 1999 CM TO: FROM: I17MYD; PLANNING AND ZONING COMMISSION REVIEW: 10/21/99 File Number RZ-99-024 DEPARTMENT OF COMMUNITY DEVELOPMENT Planning and Zoning Commission Planning Manager oe\L October 13, 1999 SUBJECT: Application of BNG Partners, Inc., for a Change in Zoning from the RS-3 (Residential, Single -Family - 3 du/acre) Zoning District to the RM-9 (Residential, Multiple -Family - 9 du/acre) Zoning District. LOCATION- West side of Lennard Road, approximately 0.50 mile south of Tiffany Road. EXISTING ZONING: RS-3 (Residential, Single -Family - 3 du/acre) PROPOSED ZONING: RM-9 (Residential, Multiple -Family - 9 du/acre) FUTURE LAND USE DESIGNATION: RM (Residential Medium) PARCEL SIZE: 30 acres PROPOSED USE: Multiple -family residential project PERMITTED USES: Section 3.01.03(G), RM-9 (Residential, Multiple-Family-- 9 du/acre 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 du/acre) 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"). CJ October 13, 1999 Page 2 SURROUNDING ZONING: Petition: BNG Partners, Inc. File RZ-99-024 The subject property abuts RM-9 (Residential, Multiple - Family - 9 du/acre) zoning to the north and RM-5 (Residential, Multiple -Family - 5 du/acre) to the south, Port St. Lucie RM-11 (Multiple Family Residential Zoning District), CP (Professional Commercial Zoning District), and I (Institutional Zoning District) to the east; OSR (Open Space - Recreational Zoning District) and RS-2 (Single -Family Residential Zoning District) to the west. SURROUNDING LAND USES: The subject property abuts RM (Residential Medium) land use to the north and south, Port St. Lucie ROI (Residential/Office/Institutional), I (Institutional) to the east; OSC (Preservation) and OSR (Open Space) to the west. FIRE/EMS PROTECTION: Station #12 (1755 Village Green Drive), is located approximately 2.5 miles to the north. UTILITY SERVICE: Water and sewer services are to be by Port St. Lucie Utility Department Services. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for Lennard Road is 100 feet. SCHEDULED IMPROVEMENTS: None. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: �Nw `"0 October 13, 1999 Petition: BNG Partners, Inc. Page 3 File RZ-99-024 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed zoning 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 has requested the rezoning in order to allow an increase in density, which will be consistent with the existing growth patterns in the area. The proposed change in zoning is consistent with the St. Lucie County Comprehensive Plan. Concurrency issues as required by the Comprehensive Plan cannot be addressed until a site plan for the project is submitted. The subject property is designated with an RM (Residential Medium) land use designation. Policy 1.1.1.1, of the Future Land Use Element, designates the following intensity for the _ RM (Residential Medium) land use: a maximum density of 9 du/acre. 3. Whether and the extent to which the proposed zoning is consistent 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: Surrounding Use Land Use Zoning North Tiffany Club RM (Residential Medium) RM-9 (Residential, Multiple -Family - 9 du/acre) South Single-family residence RM (Residential Medium) RM-5 (Residential, Multiple -Family - 5 du/acre) East Single-family residences, Port St. Lucie ROI Port St. Lucie RM-11 commercial uses and institutional (Residential/Office/ (Multiple Family uses Institutional) Residential), CP (Professional Commercial) and I (Institutional) West Single family residences Port St. Lucie OSC Port St. Lucie OSR (Open (Preservation) and OSR Space - Recreational) and (Open Space) RS-2 (Single -Family Residential) on M October 13, 1999 Petition: BNG Partners, Inc. Page 4 File RZ-99-024 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. 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 rezoning of the property is not expected to create significant additional demands on any public facilities in this area. The City of Port St. Lucie Utility Systems Department will be providing potable water and sanitary sewer to the subject property. The City of Port St. Lucie Planning Staff has indicated a concern over the available capacity on Lennard Road. At the time of site plan application, the applicant will be _ required to submit a traffic analysis that will demonstrate the availability of sufficient capacity on Lennard Road to support the proposed 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. At the time of site plan application, the applicant will be required to submit an environmental analysis demonstrating if wetlands and/or endangered or threatened species are found on site. If found, the applicant will be required to address the protection of the wetland or species. 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 existing development patterns in the surrounding area are primarily of a higher density than 3 du/acre (11 du/acre to the east, 5 du/acre to the south and 9 du/acre to the north). The development pattern occurring in this area is primarily residential in nature, with some interspersed commercial and institutional uses. The applicant's request to change the zoning will further the existing development patterns. 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; M October 13, 1999 Page 5 Petition: BNG Partners, Inc. File RZ-99-024 The proposed amendment would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. The petitioners, BNG Partners, Inc., has requested this change in zoning from the RS-3 (Residential, Single -Family - 3 du/acre) Zoning District to the RM-9 (Residential, Multiple -Family - 9 du/acre) Zoning District in order to develop the subject property into a multiple -family residential development. The proposed RM-9 (Residential, Multiple -Family - 9 du/acre) zoning district is compatible with the existing RM (Residential Medium) land use classification. In addition, the proposed RM-9 (Residential, Multiple -Family - 9 du/acre) Zoning District, is compatible with the existing zoning designations and development patterns within the surrounding area. Concurrency and environmental issues can only be dealt with when a site plan is submitted. _ Staff has discussed this petition with the Planning Staff at the City of Port St. Lucie. Other than those issues referenced above no additional concerns were noted. 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: BNG Partners, Inc. Thomas Lucido & Associates, Inc. File `r a '4111111111' Section 3.01.03 Zoning District Use Regulations I. RS-3 RESIDENTIAL, SINGLE-FAMILY_- 3 Purpose The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum density of three (3) dwelling units per gross acre, together with such other uses as may be necessary for and compatible with low density residential surroundings. The number in "()" 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. Family day care homes. (wg) b. Family residential homes provided that such homes shall not be located within a radius of one thousand (1000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (9w) C. Single-family detached dwellings. (m) 3. Lot Size Requirements Lot size requirements shall be in accordance with Section7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking Requirements Off-street parking requirements shall be in accordance with Section 7.06.00. 6. Conditional Uses a. Family residential homes located within a radius of one thousand (1000) feet of another such family residential home. (m) b. Telecommunication towers - subject to the standards of Section 7.10.23 (m) 7. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00. Adopted August 1. 1990 106 Revised Through 09/07/99 In 2. 3. 3 5. A "*ftw *40 Section 3.01.03 Zoning District Use Regulations RM-9 RESIDENTIAL MULTIPLE -FAMILY - 9 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 "Q" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. Permitted Uses a. Community residential homes subject to the provisions of Section 7.10.07 of this Code. (ses) b. Family day care homes. (wg) 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. (m) d. Multiple -family dwellings (3 or more units) (m) e. Single-family detached dwellings. (m) f. Two-family dwellings. t9w► - Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. Off-street Parking Requirements Off-street parking requirements shall be in accordance with Section 7.06.00. Landscaping Requirements Landscaping requirements shall be in accordance with Section 7.09.00. 7. Conditional Uses a. 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N M M oo �O N N V'1 l� M N vl N �' N OI p a 1 ill 1 o a y 1 a s 4 O U i C i N E 0 U l tooz 0 a W a i w p i U 6 A w z Z¢ a _ z !¢ — A 6 c C7 vo im; �3FE�y paWw > UU) W ¢ >¢xwZO '- �' �'� y �lWpOz EgaDNi pp�qq !Z :049cnU)vn 1r5 F �UxW>~ �'++ O I OOOOO 0 0 OOOOOOOOI 0 0 0 0 0 0 0 E a O A16 O -7 %D �O i N 4= � O� N �t Y1 CDv1 O O o O) O 0 en mot) 0 an b A o oo�oov,o'v,00 o;o -, 0 0 0 0 ,, 0 0 M oov, 00A000-IAAAA_000l Irz;���o�n.o�o�o N) y N NIN N N N N N N N N 0 =mar' 1✓ AGENDA REQUEST IT NO. - _5'1 DATE: 11/23/99 CONSENT [ ] REGULAR[X] PUBLIC HEARING [ ] Leg.[ ] Quasi-Jud.[ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED SUBMITTED BY: Community Develo mp ent W. '�V"4 OrImmunity Dev. Director SUBJECT: Consider Draft Resolution 99-196 approving the request of BNG Partners, Inc., for Major Site Plan approval for the project to be known as Valencia Place. (File No.: MJSP-99-006) BA .K RO ]NI): BNG Partners, Inc., has applied for Major Site Plan approval for the project known as Valencia Place. This project is to be a 248-unit senior apartment complex, located on a 30-acre parcel of land on the west side of Lennard Road, approximately %2 mile south of Tiffany Road. The subject property is located in the RM-9 (Residential, Multiple -Family - 9 du/acre) Zoning District. The applicant is proposing a density of 8 du/acre, which is below the maximum permitted within the RM-9 (Residential, Multiple -Family - 9 du/acre) Zoning District. A summary of the proposed project is as follows: 1 bedroom 56 units 750 square feet 2 bedroom 136 units 850 square feet 3 bedroom 56 units 1,065 square feet 2,500 sq. ft. Clubhouse, Shuffleboard LLandscaDe/OvenSt)ac, Course, Swimming Pool, Fitness Trail, Club House 1.32 acre Gardening Area and 1.21 acre Open Space Park Wetlands 4.92 acres 17.50 acres FUNDS PREVIOUS ACTION: RECOMMENDATIONG COMMISSION ACTIQN@ [ ] APPROVED [ ] DENIED [ OTHER: Not appropriate due Item 4D. Staff recommends approval of Draft Resolution #99-196. to denial of Rezoning County Attorney: —J—*— Originating Department: Finance: (Check for Copy only, if applicable) ljougtasffi. Anderson County Administrator Review and Approvals Management & Budget: Other: Purchasing: Other: 2 M M COUNTY COMMISSION REVIEW: November 23, 1999 Resolution 99-196 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of Coy y Co i ioners From: rovember nity Deve opmen ffirector Date: 16, 1999 Subject: Consider Draft Resolution 99-196 approving the request of BNG Partners, Inc., for Major Site Plan approval for the project to be known as Valencia Place. (File No.: MJSP-99-006) LOCATION: West Side of Lennard Road, approximately Y2 mile south of Tiffany Road, opposite the intersection of Lennard Road and Grand Avenue EXISTING ZONING: RM-9 (Residential, Multiple Family-9 Du/ac) - LAND USE DESIGNATION: PARCEL SIZE: PROPOSED USE: PROJECT DENSITY: RM (Residential Medium) Total Site Area: 30 Acres 248 Unit Senior Rental Apartment Complex 8.0 Units per acre SURROUNDING LAND USE: Tiffany Club Apartments, Village Green Elementary School and Hope Lutheran Church are located to the north; Hillmore Gardens Apartments are to the west, single-family homes are located to the east, east of Lennard Road and the area to the south is an existing Citrus Grove. FIRE/EMS PROTECTION: Station #12 (1755 Village Green Drive), is located approximately 2.5 miles to the north. 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. n qV November 16, 1999 Page 2 TYPE of CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity ******************************** STANDARDS FOR SITE PLAN REVIEW Subject: Valencia Place Major Site Plan Approval 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 Major Site Plan approval, utilizing these requirements and notes the following: 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 St. Lucie County, and the proposed use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of St. Lucie County. . The proposed Valencia Place Senior Apartment complex is consistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County. Policy 1.1.1.1 of the St. Lucie County Comprehensive Plan establishes a maximum density for the RM (Residential Medium) land use category as nine dwelling units per acre. This proposed project is to be developed at a density of eight dwelling units per acre. Therefore, the proposed project is consistent with this policy. Policy 1.1.5.10 of the St. Lucie County Comprehensive Plan states "...construction of new residential development at densities greater than two 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 water and sewer service 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 subject property consists of a citrus grove with a lake system which bisects the property. To the west of the lake system is a stand of native vegetation that contains protected trees. Based upon the preservation of any onsite vegetation, the proposed project is consistent with this policy. November 16, 1999 Page 3 Subject: Valencia Place Major Site Plan Approval The proposed senior apartment complex meets all standards of the Code and Compiled Laws of St. Lucie County. 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 Valencia Place Senior Apartment complex has been determined not to have an undue or adverse effect upon nearby properties. The subject property is surrounded by the following land use and zoning districts. Property Use LandUse/Zoning Designations Tiffany Club Apartments RM (Residential Medium)/RM-9 (Residential Multiple - Family - 9 du/acre) North Village Green Elementary School and I (Institutional)/1_(institutional) Hope Lutheran Church RM (Residential MediumYRM-5 (Residential Multiple - South Lentz Grove Family - 5 du/acre Vacant Residential, Commercial Rol (Residential/Office/Insbtutionaq/RM-11 (Multiple Family Residential), CP (Professional Commercial) East These properties are in the City of Port St. Lucie OSC (Preservation) and OSR ((Open Space)/OSR Hillmore Gardens apartments and Port St. (Open Space -Recreational) and RS-2 (Single -Family West Lucie Section 49 Residential) These pro22rfies are in the Citv of Port St. Lucie Lennard Road, a county roadway, has been determined to currently operate at a Level of Service Standard of C, immediately adjacent to the project site. The developers of this project have submitted a traffic impact report as required under the County's Land Development Regulations. This report has assessed the impacts of this project on the roadway network within the prescribed two (2) mile radius of the project site. In determining the impacts of this project, for the purpose of concurrency determination, the developer's engineers have demonstrated that the impacts of this particular development site are less than 5% of the minimum service volume on those roadway segments considered to be "deficient roadway segments" as defined under the County's Land Development Code. Accordingly, and as outlined under the requirements of 5.03.03(3)(c) of the Land Development Code, this project is eligible for a Certificate of Capacity. The City of Port St. Lucie Utilities Department will be servicing the proposed project with water and sewer service. The applicant has provided verification, from the Port St. Lucie Utilities Department, that sufficient capacity is available to support the proposed apartment complex. November 16, 1999 Page 4 Subject: Valencia Place Major Site Plan Approval 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 applicant has designed the project so that the parking areas for the individual units are incorporated into the interior of the site. Very little parking area will be visible from Lennard Road. In addition, a vegetative buffer along the property boundaries has been proposed to further buffer the existing communities from the apartment complex. This vegetative buffer consists of a canopy trees from the following species (Live Oak, Laurel Oak, Slash Pine, Dahoon Holly, Golden Rain Tree, and Orchid Tree) every 30 feet and a continuous 24" hedge from the following species (Viburnum, Silverthorn, and Florida Privet). In addition, a five-foot concrete sidewalk will be installed adjacent to Lennard Road the length of the subject property. The developers of the subject property have designed the project in a manner which offers recreational activities to the residents, while also providing a natural buffer for the surrounding area. There is a 1.32 acre grove and community gardening area located along the northern property line. In addition, the developers have incorporated a 1.21 acre park feature along the northern property line. Other recreational features include a swimming pool, fitness trail, shuffleboard courts and community center. 3. The proposed building or use will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring properly, 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 south contains an existing orange grove with interspersed single-family houses, the properties to the north are developed as the Hope Lutheran Church, Village Green Elementary School, and Tiffany Club Apartments, to the east and west are residential developments. This multi -family development project is being developed at an overall project density (8 du/ac (gross)) similar to that of the multiple family Tiffany Club Apartments (9 du/ac (gross)). The access to the proposed building site will be through a single point of access onto Lennard Road. No other access into or out of the development is being proposed. �„ ADEQIlAGY OF PLIBLIG FACILITIES• The proposed building or use complies with the standards of Chapter V, Adequate Public Facilities. The Developers of the Valencia Place Senior Apartments, have submitted a traffic impact report assessing the impacts of this project. This development is not expected to further degrade any of the existing transportation links in this area by more than five percent (5%) S On `No November 16, 1999 Page 5 Subject: Valencia Place Major Site Plan Approval which, according to Section 5.03.03(3)(c) of the Land Development Code is an acceptable impact. The applicant has submitted a letter of intent from the City of Port St. Lucie Utilities Department, which indicates that sufficient capacity for both water and sewer is available to support the proposed 248-unit apartment complex. The applicant has obtained from the St. Lucie County - Fort Pierce Bureau of Fire Prevention written confirmation, or has otherwise 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 Fire District written confirmation that the proposed site plan conceptually meets the minimum access and water supply requirements for fire protection services at this facility. The applicant has incorporated a series of fire protection components into the design of the project. The project will be provided with fire hydrants throughout the site. Water is accessible and available to each building. Currently, located on Lennard Road, along the property boundaries, there is an existing fire hydrant located on the east side of Lennard Road adjacent to Grand Drive. _� • • ■•• _ The proposed building or use will be served by adequate school facilities. The Valencia Place Apartments will be a deed restricted seniors (over 55) apartment complex. Therefore, no children will reside within the project. This project will not be expected to affect the school facilities within St. Lucie County. 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 V111, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kim/ey--Horn and Associates, Inc. (August, 1982). The proposed Valencia Place Senior Apartment Complex site occupies approximately 30 acres of vacant land (formerly a citrus grove) which contains very limited environmentally significant/sensitive land. The developers of this project have submitted the required environmental impact study for this site. There is an existing lake located within the center of the proposed site. To the east of the lake is an area which contains six trees that are considered to be preservable. There were no identified endangered species observed on this site. 1 r November 16, 1999 Page 6 Subject: Valencia Place Major Site Plan Approval On October 25, 1999, staff conducted a site visit for the subject property. There was no noted endangered species identified on the site. Staff did verify that the subject property does have a stand of trees east of the lake on the northeastern perimeter of the property. These trees do meet the minimum criteria for tree preservation. The applicant has indicated that the proposed development will not impact the existing lake system located on the site. The Army Corp. of Engineers are scheduled for a site visit on November 16, 1999 in order to ensure no negative impacts will result from the development of this site. The applicant is waiting for confirmation for the South Florida Water Management District (SFWMD) for a site visit. Agency approval is not required for the Board of County Commissioners to consider this site plan. The county includes as a standard condition of approval a requirement that the applicant must comply with all applicable agency permit requirements and, if necessary, submit any required modifications to the project site plan. At the time, that the applicant receives a State Permit for the wetland areas, the applicant will be required to revise the site plan to satisfy any conditions/recommendations approved by the Army Corp. of Engineers (ACOE) and South Florida Water Management District (SFWMD) permit. COMMENTS: BNG Partners, Inc., has applied for Major Site Plan approval for the residential project to be known as Valencia Place. This project is to be a 248-unit senior apartment complex, located on a 30- acre parcel of land west of Lennard Road, approximately % mile south of Tiffany Road. It has been reported to the County that this project will be an income -assisted project. The subject property is located in the RM-9 (Residential, Multiple -Family - 9 du/acre) Zoning District. The applicant is proposing a density of 8 du/acre, which is below the maximum permitted within the RM-9 (Residential, Multiple -Family - 9 du/acre) Zoning District. A summary of the prosed project is as follows: 1 Bedroom 56 750 square feet 248 Total Units 2 Bedroom 136 850 square feet 3 Bedroom 56 1,065 square feet 2,500 sq. ft. Clubhouse, Shuffleboard Recreational Component Club House Courts, Swimming Pool, Fitness Trail, 1.32 acre Gardening Area and 1.21 acre Open Space Park wetlands 4.92 acres Preservation Landscape/Open Space 117.50 acres Attached is a copy of Draft Resolution 99-196, which, if approved, would grant this request for Major Site Plan approval, subject to the following conditions: n November 16, 1999 Page 7 Subject: Valencia Place Major Site Plan Approval 1. Prior to the issuance of the first Certificate of Occupancy (CO) for the first apartmenUresidential building or structure, the developer shall provide right and left turn lanes on Lennard Road at the intersection of the project entrance to the Valencia Place Apartment project site and Grand Avenue. 2. The developer shall provide adequate intersection lighting at the intersection of the Valencia Place Apartment Project Entrance road and Lennard Road. The lighting shall be installed utilizing acceptable Engineering Safety Standards. 3. Prior to the issuance of the first Certificate of Occupancy (CO) for the first apartment/residential building or structure, the developer shall provide a concrete sidewalk, having a minimum width of five (59 feet, along the west side of Lennard Road, from the northern project limits to the southern project limits. 4. Prior to the issuance of a land clearing permit, the developer shall delineate all areas to be preserved and shall institute applicable safeguards to ensure the health and viability of the protected trees. These safeguards shall be in accordance with the requirements set forth in the land clearing permit. 5. The proposed wetland mitigation/preservation/creation area depicted on the project site plan is recognized as conceptual in nature and subject to Federal and State agency approval. if any agency approvals are not obtained or if an alternative plan is found to be more appropriate, the project mitigation plan depicted in the site plan submittal shall be amended accordingly. 6. The applicant shall install additional fire hydrants as deemed necessary by the St. Lucie County Fire District. Staff recommends approval of Draft Resolution 99-196. If you have any questions, please let us know. SUBMITTED: J is Shewchuk, AICP ommunity Development Director is/CS Projectswalencia Place\staffrpt.wpd APPROVED AS TO FORM: Daniel McIntyre County Attorney, n Ewn November 16, 1999 Page 8 cc: County Administrator Asst. County Administrator County Attorney Public Works Director County Engineer Fire Marshal Beckey Edwards, BNG Partners Gregg Boggs, Thomas Lucido & Associates File Subject: Valencia Place Major Site Plan Approval '`✓ `40 1 RESOLUTION 99-196 2 Fn.E NO.: NUSP-99-006 3 4 A RESOLUTION GRANTING MAJOR SITE PLAN 5 APPROVAL FOR THE PROJECT TO BE KNOWN 6 AS VALENCIA PLACE IN THE RM-9 7 (RESIDENTIAL, MULTIPLE -FAMILY - 9 DU/ 8 ACRE) ZONING DISTRICT FOR PROPERTY IN ST. 9 LUCIE COUNTY, FLORIDA 10 11 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the 12 testimony and evidence, including but not limited to the staff ;report, has made the following 13 determinations: 14 15 1. BNG PartnersInc., presented a petition for Major Site Plan Approval to allow a 16 248-unit senior apartment complex on 30 acres of land on the west side of Lennard 17 Road, approximately 1/2 mile south of Tiffany Road, in the RM-9 (Residential, 18 Multiple -Family - 9 du/acre) Zoning District for the property -described below. 19 20 2. The Development Review Committee has. reviewed the site plan for the proposed 21 project and found it to meet the minimum technical requirements of the St. Lucie 22 County Land Development Code and to be consistent with the Future Land Use 23 Maps from the St. Lucie= County Comprehensive Plan. 24 25 3. The proposed project is consistent with the general purpose, goals, objectives, 26 policies and standards of,the St. Lucie County Land Development Code, the St. 27 Lucie County Comprehensive fPlan, and the Code of Ordinances of St. Lucie 28 County. 29 30 4. The proposed project will not have an undue adverse effect on adjacent property, 31 the character of thez neighborhood, traffic conditions, parking, utility facilities, or 32 other matters affecting the public health, safety and general welfare. 33 34 5. All reasonable steps have been taken to minimize any adverse effects of the 35 proposed project on the immediate vicinity through building design, site design, 36 landscaping and screening. 37 38 6. The proposed project will be constructed, arranged and operated so as not to 39 interfere with the development and use of neighboring property, in accordance with 40 applicable district regulations. File No.: MJSP-99-006 Resolution 99-196 November 23, 1999 Page 1 M cm 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 7. The proposed project will be served by adequate public facilities and services. 8. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on November 23, 1999. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the site plan for the project to be known as Valencia Place, is, hereby approved as depicted on the site plan drawings for the project prepared by Thomas Lucido & Associates, P.A., dated 10/15/99, and date stamped received by the St. Lucie County Community Development Director on 11/08/99, for the property described below, subject to the following conditions: 1. Prior to the issuance of the first Certificate of Occupancy (CO) for the first apartment/residential building or structure, the developershall provide right and left tum lanes on Lenard Road at the intersection of the project entrance to the Valencia Place Apartment project site. and Grand Avenue. 2. The developer shall provide adequate intersection lighting at the intersection of the Valencia Place Apartment Project Entrance road and Lennard Road. The lighting shall be installed utilizing acceptable Engineering Safety Standards. 3. Prior to the issuance of the first Certificate of Occupancy (CO) for the first apartment/residential building or structure, the developer shall provide a concrete sidewalk,�havipg a minimum width of five (5 j feet, along the west side of Lenard: Road, from the northem project limits to the southern project; limits. 4. Prior to the issuance of a land clearing permit, the developer shall delineate all areasto be -,preserved and shall institute applicable safeguards to ensure the health and viability of the protected trees. These safeguards shall be in accordance with the requirements set forth in the land clearing permit. 5. The proposed wetland mitigation/preservation/creation area depicted on the project site plan is recognized as conceptual in nature and subject to Federal and State agency approval. if any agency approvals are not obtained or if an altemative plan is found to be more appropriate, the project mitigation plan depicted in the site plan submittal shall be amended accordingly. File No.: MJSP-99-006 November 23, 1999 Resolution 99-196 Page 2 i M `fto 1 6. The applicant shall install additional fire hydrants as deemed necessary by 2 the St. Lucie County Fire District. 3 4 B. The property on which this Major Site Plan approval is being granted is described 5 as follows: 6 7 Lots 13, 14 and 16, Block 1, Section 1, Township 37 South, Range 40 East, According to the 8 Plat of St. Lucie Gardens, as recorded in Plat Book 1, Page 35, Public Records of St. Lucie 9 County, Florida. 10 11 (Tax ID #s: 3414-501-3514-050/0, 3414-501-3514-100/6, 3414-501-3513-000/8and 3414-501- 12 3516-000/9). 13 14 (Location: West side of Lennard Road, approximately 'h mile south of Tiffany Road, 15 opposite to the intersection of Lennard Road and Grand Avenue.) 16 17 C. This Site Plan shall expire on November 23, 2001,>unless a building permit is 18 issued or an extension is granted in accordance with Section 1,1.02.06(B)(3), St. 19 Lucie County Land Development Code. 20 21 D. The Site Plan approval granted under this resolution is, specifically conditioned to 22 the requirement that the petitioner, BNG Partners, Inc., including any successors 23 in interest, shall obtain all necessary development permits and construction 24 authorizations from the appropriate State and Federal regulatory authorities, 25 including but not limited to; the United States Army Corps of Engineers, the 26 Florida Department of Environmental Protection, and the South Florida Water 27 Management District, prior to the issuance of any local building permits of 28 authorizations to commence development activities on the property described in 29 Part B. 30 31 E. A Certificate of Capacity, a copy of which is attached to this resolution, was 32 granted by -the Community Development Director on November 23, 1999, which 33 certificate shall remainvualid for the period of Site Plan approval. Should the Site 34 Plan approval granted -by this resolution expire or an extension be sought pursuant 35 to Section 11.07.05(F)'' of the St. Lucie County Land Development Code, a new 36 certificate of capacity shall be required. 37 38 F. A copy of this resolution shall be attached to the site plan drawings described in 39 Section A, which plan shall be placed on file with the St. Lucie County Community 40 Development Director. 41 42 43 File No.: MJSP-99-006 Resolution 99-196 November 23, 1999 Page 3 j `490 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 After motion and second, the vote on this resolution was as follows: Chairman John D. Bruhn XXX Vice -Chairman Frannie Hutchinson XXX Commissioner Paula A. Lewis XXX Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX PASSED AND DULY ADOPTED This 23' Day of November, 1999. ATTEST: DEPUTY CLERK cs WMP\PROJECTS\Valencia P1ace\Res-99-196.wpd File No.: MJSP-99-006 November 23, 1999 BOARD OF COUNTYCOMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Resolution 99-196 Page 4 *%W *od ITEM NO. S DATE: November 23, 1999 CONSENT [ ] REGULAR [ x ] PUBLIC HEARING ( ] Leg. [ ] Quasi -JD. [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Community► Development , DEPARTMENT HEAD SUBJECT: Authorization to submit a request for funding to the Florida Fish and Wildlife Conservation Commission to complete the Manatee Protection Plan with funds from the State of Florida. BACKGROUND: In 1988/89 the State of Florida required thirteen coastal counties, including St. Lucie County, to develop a Manatee Protection Plan, which was also incorporated into the County's Comprehensive Plan. In 1993/94 speed zones were established in St. Lucie County as part of the plan. In order to complete the plan, a boating study and marine siting plan at a combined cost_ of $125,000 still needed to be developed. Prior County Commission Boards elected not to spend "county funds, but to wait until State funds would become available. The boating study has since been completed through inclusion in Martin and Indian River County boating studies. The Florida Fish & Wildlife Conservation Commission is now providing us with the opportunity to complete the Marina Siting study with funds from the State of Florida at a cost of $50,000. $40,000 will be utilized to subcontract the study to the Treasure Coast Regional Planning Council, and $10,000 would be used to cover for GIS expenses and staff time that St. Lucie County would incur. FUNDA AVAIL.: No matching funds from the County are required. PREVIOUS ACTION: None RECOMMENDATION: Authorize staff to submit a scope of services and to proceed with the request for funding to the Florida Wildlife Conservation Commission to complete the Marina Siting Study. rommTSSTON ACTION: [ X] APPROVED [ ] DENIED [ ] OTHER: Vote: 5-0 County Attorney: Originating Dept: Finance: (copies only): 7D0gl Anderson Administrator ✓Mgt & Budget: mw0"t Purchasing: Other: ✓ Other: LelSaeE vices SFr. 11/*/93 %wr 1"o DEPARTMENT OF LEISURE SERVICES MEMORANDUM TO: Board of County Commissioners THROUGH: Julia Shewchuk, Community Development Director FROM: Don McLain, Project Manager, Leisure Services W' DATE: November 17, 1999 SUBJECT: Manatee Protect Plan - Marina Siting Study In 1988/1989 the State of Florida determined that thirteen coastal counties needed to have a'Manatee Protection Plan to help save the manatees in Florida. This protection plan also needed to be part of the County's Comp. Plan. A Manatee Protection Advisory Committee was set up by the BOCC under the direction of Mr. Tom Kindred. Committee members were selected and set about creating a plan for St. Lucie County. The committee traveled up and down the Indian River and North Fork, held public meetings, traveled to Tallahassee, spoke with DEP (Department of Environmental Protection) and met with their staff to develop a plan suited for St. Lucie County. After all the work done by the committee, differences existed as to the extent of protection needed in St. Lucie County. So in 1993/94, Virginia Wetherell Secretary for the Department of Environmental Protection signed into Administrative Rule, speed zones for St. Lucie County. About a year after that the advisory committee was disbanded. Staff continued to work with DEP in completing the plan. DEP requested a new Boating Study and Marina Siting Study be done for St. Lucie County. Cost were between $125,000 and $150,000 for the studies collectively. Staff got with both cities seeking direction and one third of the cost. A common question was asked "What if we don't complete the plan?" Answer then the entire County would be under the 1 to 100 ratio, which mean that for every 100 feet of linear shoreline owned you could have one slip. The cities were not interested in helping fund the studies and at a BOCC meeting the BOARD elected to go with the 1 to 100 ratio until such time as a developer or grants were available to do the studies. Martin and Indian River Counties have completed boating studies for their counties. DEP require them to include St. Lucie County up/down to the Ft. Pierce *4w *00 Inlet. Which means we do not have to do a Boating Study and can use the information gathered by Martin and Indian River County. The Florida Fish and Wildlife Conservation Commission is providing us an opportunity to complete the Marina Siting Study with funds from the State of Florida. We are currently working with the Treasure Coast Regional Planning Council on a Scope of Work. To complete the Marina Siting Study will cost $50,000.00, $40,000.00 for professional services and $10,000.00 for GIs and County staff time. St. Lucie County needs to request the funds from the Florida Fish and Wildlife Conservation Commission and provided a scope of work for review and possible funding. Staff is recommending that St. Lucie County take advantage of the possible funding for the Marina Siting Study and approve the Community Development Department to submit the request and if approved proceed in completing the Marina Siting Study. M JL�E BOG DEPARTMENT OF COMMUNITY DEVELOPMENT 'c�OR10Q' Administration TO: Doug Anders, County Administrator J" FROM: J a ewchuk, Community Development Director DATE: August 31. 1999 SUBJECT: Manatee Protection Plan Status Update In the past several weeks the US Fish and Wildlife Conservation Commission has been charged with the administration of the Manatee Protection Plan Program. During this time Ms. Jodie Rosier, oJr grants writer, has been in constant contact with Ms. Mary Morris from DEP, who is still involved in the program. As of a phone conversation yesterday, the agency is mailing out a letter to the County Administrators informing counties of the available $250,000 and how to apply for the money. Please forward this letter to us as soon as you receive it, so we can pursue the application -without delay. - The agency is actively talking to four counties (we are one) to develop a manatee protection plan. Ms. Morris suggested subcontracting the development of the plan out to Mr. Peter Merritt from the Treasure Coast Regional Planning Council. Apparently he previously developed successful plans for Palm Beach County and 24 municipalities. Some of the money would also be used to develop GIS based maps for the Manatee Protection Plan as required by DEP. Please let me know if you have any questions. Cc: County Attorney Leisure Services Director Grants Writer Flor ida Fish `etnd Wildlife Conser ion Commission Imes L. "Jamie" Adams, Jr. Bushnell Barbara C. Barsh Quinton L. Hedgepeth, DDS Jacksonville Miami David K. Meehan Julie K. Morris St. Petersburg Sarasota LAN L. EGBERT, Ph.D., Executive Director TOR J. HELLER, Assistant Executive Director �7 H.A. "Hericy" Huffman Thomas B. Kibler Deltona Lakeland Edwin P. Roberts, DC John D. Rood Pensacola Jacksonville BUREAU OF PROTECTED SPECIES MANAGEMENT DAVID W. ARNOLD, CHIEF 620 South Meridian Street Tallahassee, FL 32399-1600 www.state.n.us/fwc ________September 3, 1999 t8so)922-t33o FAX (850)9224338 (5 Paula Lewis, Chair ` St. Lucie Co. BOCC 2300 Virginia Avenue Ft. Pierce, FL 34982-5652 1 Dear Chair Lewis: _ f The Bureau of Protected Species Management has received an appropriation from the legislature that may be of interest to you. Since 1989, we have been working cooperatively with local governments to develop comprehensive manatee protection plans (MPPs). These plans, while not required by law, greatly improve manatee protection and conservation efforts by providing a blueprint for future decision -making by state and local regulators. Thus far four counties have completed MPPs and those, along with two additional local area veral other counties have submitted draft MPPS that are under review MPPs, have been approved by the state. Se Tony Moss Miami at this time. develop The legislative appropriation directs that grants shall be provided to local governments for the grants to local ment of innovative manatee protection plans. This is not the first time that the B has provided governments. As in the past, the grants would be provided through a performance based contract. The deliverables would be specified in the contract and payment a quarterluld be madafter the contracted work y bases with progress reports eitheas performed. Reimbursement payments could be specified on q } specifying the work performed or tied to a specific deliverable schedule. The county may choose to use these All work must be performed after execution of grants to either fund a staff position or sub -contra the contract, as no reimbursement for prior efforts can be made. The contracts will most likely start in November, 1999 and end in October, 2000. Priority in consideration for funding will be given to those applicants proposing to complete the MPP during the contract period. Since the total amount of the grants that any one government may apply for is not fixed, the Bureau is requesting that any interested parties immediately notify us if they wish to pursue a grant at this time. We can then provide additional details on potential int interest es � expressed, areand l'ikely to be in the $50 000 contractual agreement. Sinceese time r�tof are very specific and, depending on the P the essence, we appreciate your prompt attention to this opportunity. If you or your staff have any questions, please contact Ms. Mary Morris or me at (850)922-4330. cc: Douglas Anderson, Sincerely, % (itJ David W. Arnold, Chief Bureau of Protected Spe County Administrator -�- Managen'fffnZ `­­1 SEP CO. /0" IJ AGENDA REQUEST TO: BOARD OF COUNTY COMMISSION SUBMITTED BY (DEPT) - BOCC - DISTRICT 4 *00 ITEM NO. W DATE REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] 11-23-99 PRESENTED BY: i rannie Hutchinson i County Commissioner District 4 SUBJECT: West Midway Road Commissioner Hutchinson has requested Board discussion regarding West Midway Road. BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION• COMMISSION ACTION: [ ] APPROVED [ ] DENIED ( OTHER Scope of Work Requirements to be on the December 14th Agenda CE: ij - Anderson Administrator 05 N M E M O R A N D U M TO: Board of County Commissioners FROM: Commissioner Frannie Hutchinson DATE: November 16, 1999 SUBJECT: West Midway Road At the recent community meeting we held in White City we heard discussion about the future of West Midway Road between South U.S. # 1 and South 25`h Street. During the public discussion portion of the meeting there was considerable interest by the White City residents to make West Midway Road look like the recently reconstructed Delaware Avenue. This would be accomplished by limiting the road to no more than two lanes in width and making provisions for such things as on -street parking, enhanced landscaping and other "appearance" improvements along the roadway. As a life-long resident of the County, I agree with the concepts of this approach. I do however, have a concern that any decision that we make in regard to this project be the right decision based on the needs of the overall community. I asked the Community Development Department to provide me with the current traffic data for both Delaware Avenue and West Midway Road. I also requested staff to look at the level of service capacities on both roadways for existing traffic conditions and future conditions based on committed trips. The table attached outlines the information I was provided: As I have stated, my concerns on this matter are that whatever decision we make must be the right decision for the community as a whole, while at the same time addressing the specific neighborhood interests and concerns of the White City area. At the community meeting, we requested that staff coordinate with the Regional Planning Council the design of several typical sections for West Midway Road through the White City area. It is my understanding that they are working on this and will have something for us to look at in the very near future. I would like to request your concurrence in expanding that direction to include some general tra is modeling to determine-what-widl happen on the of a ways in that area if we emit West Midway Road to just two lanes. Wi ver ant y e r wou-14- of erwise be expected to usa--L es-Nidivay-Rcc�ad---onto--ather-na}-ghborhood--streets creating potential Rn 0 November 16, 1999 Page Two traffic, noise and safety conflicts for those areas. What effect will limiting this roadway have on Sunrise Boulevard, Oleander Avenue and South 25th Street? Are we going to unintentionally require additional improvements to those roadways by restricting the traffic flow on West Midway Road? As shown on the attached table, we know that the roadway is already operating below the minimum County level of service standards. Where will this traffic be diverted? Keep in mind that Midway Road is designated as an emergency evacuation route. I have been advised that the modeling exercise can be done with minimal efforts since we will be using the existing validated traffic model for the County. In discussing this matter with staff, it appears that this project -for ---- 0.00. can be accomplished for -$'T�-Q00-ffffto-When this project is --$-i��- completed I believe that we wii--muci�"stronger position to address any challenges to any final actions or determinations we make in this matter. I wish to emphasize that I have not developed any final position on this project. At this time, I am asking the Board to discuss my request to authorize the Coun_ty.Adminiarator to expendupto $10,000_.00 out of the contingency fund for the purpose of completing a tra is modeling update analysis of the White City -------------- - - -- --- area and an assessment of the various proposed typical sections" -for West Mtd+way Road. The County Traffic Engineering Department would be the recommended Project Manager for this activity. Sincerely, Frannie Hut�chi County --Commissioner, District 4 FH/lm #99-196 cc: County Administrator County Attorney Community Development Director Public Works Director Road and Bridge Manager County Engineer Traffic Engineer 6A N rp 0 Lq at 0 0 4 00 cLn r- rr o rr m.. b to k N + r W 0 0 w w N ,o r N %0 OD w W � Eon+ t� � o, o �Na+ h p y 0 C► o 00o H r n to ti o 000 O ,b t-4 u n u N e �tij r as w ,o ao a k 4 P- 5 °° w o Oo0 + + tD "0 'n ( a o 0 0 0 r F-i rA C I-h C r to 'd cD O ~, m 0 N w tq rn C~i C t c0O to r- (D o, o, Ch r� rr m o C ((D a ~'� QOO o aaO picrK u a an d a r+ to ro n rn m a P. rn o 1-A f� r- O n tr ro a Fj w a m a o Cl to 0 ~ N 0 rn 0 0o t7 rr a o r* o o r + r cr �. n rr n r- r0 r• r w N FA to ao E O W % w C, ,o H th p ti O o 0 0 o ct 11 rn CD O O U 0 a arr ft r- �P N N 17b a C1 N + 0 J O C, o"� F., N ,0 0 a rr � a 0 rt o o tr o o C~, Ch 0 0 cr m rt cD anc0 r p o o N ~ 'r cri v ^ � �• n` d 11/19/99 ; FZABWARR FUND TITLE 001 001116 001120 001125 001126 001221 001235 001242 101 101002 101003 101006 102 102001 105 105102 107 107109 113 114 116 117 119 123 136 138 140 160 183 183001 183004 183209 185203 185204 186 186202 315 316 382 401 401219 418 421 441 451 461 471 491 ST. ZUCIE COUNTY - BOARD PAGE WARRANT LIST # 8- 13-NOV-1999 TO 19-NOV-1999 FUND SUMMARY General Fund Sec 112/MPO/FHWA/Planning 98/99 Community Services Block Grnt 98/99 TC Community Action Agency FY 99/00 Section 112/MPO/FHWA Planning 99/00 001-DEP-Childrens's Enviro Museum TDC Planning Grant 98/99 98/99 E. M.. P.A. Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund F1oriNet Enhanced Connectivity(Libr Fine & Forfeiture Fund Local Law Enforcement Blk 98/00 Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund Queens Cove Lighting Dist#13 Fund Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Port & Airport Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Article V Trust for Criminal Court FHFA-SHIP 98/99 FHFA SHIP 99/00 Recycling Operating Fund DEP-Recycling & Education 98/99 County Building Fund County Capital Environmental Land Capital Fund Sanitary Landfill Fund FDEP Waste Tire 99/00 Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities S. Hutchinson Utilities Fund Sports Complex Fund Holiday Pines Utilities Fund Buildinz CodQ Fund EXPENSES PAYROLL 452,370.58 273,355.38 4,940.13 0.00 229.49 0.00 447.86 225.30 2,188.94 5,395.20 5,186.01 0.00 315.43 0.00 3,095.06 0.00 83,997.22 91,531.54 10,445.52 0.00 53,277.14 0.00 1,500.00 0.00 23,630.28 35,208.30 10,846.90 3,206.88 2,043.80 2,082.54 571.56 0.00 63,524.18 60,276.76 9,810.00 0.00 197.32 0.00 434.85 0.00 481.82 0.00 120.29 0.00 695.95 0.00 244.65 0.00 1,275.23 0.00 103.55 0.00 7,077.43 6,364.08 2,640.71 2,122.82 2,990.41 5,521.13 1,161.65 1,776.52 3,205.47 2,191.51 5,148.00 0.00 128.86 706.16 128.86 690.40 728.22 1,374.60 206.42 458.20 27,000.00 0.00 1,602.00 0.00 16,500.00 0.00 55,686.93 27,755.24 1,100.25 0.00 14,519.05 17,479.94 268.85 500.32 1,539.77 3,170.77 4,235.61 3,255.49 11,302.67 7,315.53 998.60 0.00 11,749.43 13,998.88 11 / 19/99 .- -• ST. "26CIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST # 8- 13-NOV-1999 TO 19-NOV-1999 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 501 Automated Services Fund 42,663.82 59,176.29 505 Health Insurance Fund 396,610.02 8,151.57 505001 Property/Casualty Insurance Fund 26,199.55 0.00 510 Service Garage Fund 9,915.37 8,535.81 611 Tourist Development Trust-Adv Fund 5,611.30 2,817.60 615 Impact Fees Fund 106,970.83 0.00 625 Law Library 63.41 0.00 GRAND TOTAL: 1,489,927.25 644,644.76 M ITEM NO. Q-� DATE: November 23, 1999 CONSENT [X] REGULAR [ ] PUBLIC HEARING [ ] Leg. [ l Quasi -JD. [ l TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: JD rr,tnmvn; ty Dever onment Department ' SUBMITTED BY (DEPT) : Department Head _UBj ECT: Request for authorization to accept the $17,343 one -Stop grant a t from and the Florida Department of Management Services (DMS), to approveget resolution # to approve equipment requests. EQ-00189 and EQ-00190 T;ACKQR0UND• Attached, please find a copy of the award letter and background documentation for the $17, 343 One -Stop Permitting grant. If accepted, the funds will be used to purchase computer hardware and consulting services necessary to create an on-line permitting system for St. Lucie County and to link to the Florida Department of Management Services' "master" permitting page. FjMMC AVAILABLE_;_ $17,343 in (ED account #001253-1515-564000-100) PREVTOUR ACTION: September 28, 1999 Board approval to apply for the grant $�r+nMMF.*mnTTON; Authorize staff to accept the grant and proceed with the purchase of the needed computer equipment, to solicit the consultant in order to develop and implement the One -Stop Permitting Program for St. Lucie County and to approve Budget Resolution #99-277 and subsequent equipment requests. EQ-00189 and EQ-00190 �+r„�reeTON A�'TTON• [ X ] APPROVED [ ] DENIED TsALerson OTHER: Do g County Administrator County Attorney: Mgt & Budget: Purchasing: Originating Dept: Other: Other: Finance: (copies only): ZBP. 11/4/93 *fte '%W `o C� � MFMORANDUM F� ODEPARTMENT OF COMMUNITY DEVELOPMENT TO: Mr. Doug Anderson, County Administrator FROM: Robert E. Nixon, Economic Development Manager DATE: October 11, 1999 SUBJECT: One -Stop Permitting Grant Sir: Today, we received official notice that our grant application for the development of a One -Stop Permitting Internet System for St. - Lucie County was approved by the Department of Management Services (DMS) . St. Lucie County will receive $17,373 to purchase hardware and consulting services to implement our local one -stop permitting program. The County will receive two equal disbursements totaling the above amount. Attached for your review, are copies of the agenda item, memo and grant application supporting the development of our one -stop permitting program. These documents will provide historical information as well as guidelines and critical time frames related to this grant award. This grant does not require a County match. CC: Julia Shewchuk, Community Development Mr. Harvey Lincoln, OMB Ed Blaine, GIS/TECH. Services Finance Department Attachment '*m'' AGENDA REQUEST I Y cM NO. A DATE: November 23, 1999 REGULAR [ ] PUBLIC HEARING[ ] ADDITIONS CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Budget Amendment - Transfer of Funds to Complete Transfer of Library Property with the City of Fort Pierce BACKGROUND: See attached memorandum No. 99-1604 FUNDS AVAILABLE: See attached budget amendment. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the attached Budget Amendment. COMMISSION ACTION: [X] APPROVED [ ] DENIED [ ] OTHER: Do6iglay.Anderson County Administrator Review and Approvals County Attorney: ck Management & Budget_ Originating Dept. Other: Finance: (Check for Copy only, if applicable) Purchasing: Other: Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 99-1604 DATE: November 23, 1999 SUBJECT: Budget Amendment - Transfer of Funds to Complete Transfer of Library Property with the City of Fort Pierce BACKGROUND: Attached is a copy of Budget Amendment which would transfer the funds necessary to complete the transfer of the "old library property" from the County to the City of Fort Pierce and the transfer of the ""new library property" from the City to the County. The closing on the transfers is scheduled for November 30. RECOMMENDATION /CONCLUSION: Staff recommends that the Board approve the attached Budget Amendment. Respectfully submitted, Dan(el S. McI County Attorj DSM/caf Attachment BI ET AMENDMENT REQUEST FORW10 REQUESTING DEPARTMENT: OMB/Administration PREPARED DATE: 11/23/99 AGENDA DATE: 11/23/99 TO: 001-1900-561000-7952 001-1900-561002-7952 FROM: 001-9910-599100-800 REASON FOR BUDGET AMENDMENT: To allocate funds to CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: Land Land - Abstract & Title associated with the transferrence of the New Downtown 00-106 $900,000 $9,906 $890,094 $8,570 $1 $9 OMBW/GENERAUFORMS/AMENDMEN eff.10/01/94 ;-&7 1 rw AGENDA REQUEST 1Ti EM NO. C- 3; DATE: November 23, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Mosquito Control S. Ann Smith SUBJECT: Emergency Cleanup and Dune Restoration of Blind Creek beaches - Hurricane Floyd and Hurricane Irene BACKGROUND: Hurricane Floyd, due to surge overwash, deposited large amounts of sand in the parking area of two beach access points on South Hutchinson Island, Blind Creek Beach County Park and Blind Creek State Park. As a result, these areas have been closed to vehicular access by the public. Before cleanup could commence in these areas, the cleanup work was compounded due to Hurricane Irene. Damages from Hurricane Irene extend approximately 1.5 miles on South Hutchinson Island and incorporates the two previously mentioned sites. Damages include approximately 100 blown over Australian pine trees and many exposed dead tree debris within the boundaries of these publicly -owned lands. Hurricane Floyd cleanup for $7,888 and Hurricane Irene cleanup for $45,000 were approved by FEMA for reimbursement, bringing the combined emergency cleanup to $52,888.00. Hurricane damages occurred primarily within the Blind Creek Dune Restoration project boundaries, for which USFWS and NOAA funds have already been received. Based on the quotes received, staff has selected Enviroglades, Inc., the state contractor, for ail hurricane cleanup and dune restoration activities. Enviroglades, Inc. is currently under contract with the state and County purchasing procedures allow for piggy -backing on state contracts. FUNDS AVAIL.: 001-1900-599330-19005 Hurricane Floyd (General Fund) 001-1900-599330-19006 Hurricane Irene (General Fund) 145110-6230-534000-6607 (National Oceanic and Atmospheric Administration) 145111-6230-534000-6607 (U.S. Fish and Wildlife Service) PREVIOUS ACTION: N/A RECOMMENDATION• Staff recommends that the Board approve the emergency cleanup and dune restoration contract with Enviroglades, Inc., as prepared by the County Attorney's office, and authorize the Chairman to execute. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TTD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. COMMISSION ACTION: [ )I APPROVED [ J DENIED [ ] OTHER: County Attorney: �V' Review and Approvals Management & Budge Purchasing Originating Dept: iskE�' Other:, Finance: (Check for Copy only, if applicable) Other: Eff.5/96 n E5 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: S. Ann Smith, Assistant Mosquito Control Director DATE: November 17, 1999 SUBJECT: Emergency Cleanup and Dune Restoration of Blind Creek beaches - Hurricane Floyd and Hurricane Irene BACKGROUND Hurricane Floyd, due to surge overwash, deposited large amounts of sand in the parking area of two beach access points on South Hutchinson Island, Blind Creek Beach County Park and Blind Creek State Park. As a result, these areas have been closed to vehicular access by the public. Before cleanup could commence in these areas, the cleanup work was compounded due to Hurricane Irene. Damages from Hurricane Irene extend approximately 1.5 miles on South Hutchinson Island and incorporates the two previously mentioned sites. Damages include approximately 100 blown over Australian pine trees and many exposed dead tree debris within the boundaries of these publicly - owned lands. Hurricane Floyd cleanup for $7,888 and Hurricane Irene cleanup for $45,000 were approved by FEMA for reimbursement, bringing the combined emergency cleanup to $52,888.00. Hurricane damages occurred primarily within the Blind Creek Dune Restoration project boundaries, for which USFWS and NOAA funds have already been received. Based on the quotes received, staff has selected Enviroglades, Inc., the state contractor, for all hurricane cleanup and dune restoration activities. Enviroglades, Inc. is currently under contract with the state and County purchasing procedures allow for piggy -backing on state contracts. RECOMMENDATION/CONCLUSION Staff recommends that the Board approve the emergency cleanup and dune restoration contract with Enviroglades, Inc., as prepared by the County Attorney's office, and authorize the Chairman to execute. Respectfully submitted, *S.Srm�i!:F� Assistant Director U r .- U Q) U J 4— - z t L E O ° n w NO a' tl 5eH m o U g c ar r cr C7 O ce ° '-------------------- QJ Q r- o J CO m > 0 1 > > �m E d m is y15Z > 3 m a) O � Zi m AmH s6u'N 73 73 v cz O 0 FL . .. . ............... ................................. ............................ /4unoo aagoyoaa�p FEDERAL "MERGENCY MANAGEMENT AGENCY 7 O.M.B. No. 3067-0151 OJECT WORKSHEET ' Expires April 30, 2001 PAPERWORK BURDEN DISCLOSURE NOTICE Public reporting burden for this form is estimated to average 30 minutes. The burden estimate includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the needed data, and completing and submitting the forms. You are not required to respond to this collection of information unless a valid OMB control number is displayed in the upper right corner of the forms. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing the burden to: Information Collections Management, Federal Emergency Management Agency, 500 C Street, SW, Washington, DC 20472, Paperwork Reduction Project (3067- 0151). NOTE. Do not send your completed form to this address. DECLARATION NO. PROJECT NO. FIPS NO. DATE CATEGORY FEMA- 1300 -DR-FL 10/6/99 A DAMAGED FACILITY WORK COMPLETE AS OF: Sand overwash into beach access Oarkin lot % APPLICANT COUNTY St. Lucie County Mosquito Cont. Dist. St. Lucie County LOCATION Blind Creek State Park @ Little Mud Creek on South LATITUDE LONGITUDE Hutchinson Island in St. Lucie County DAMAGE DESCRIPTION AND DIMENSIONS High wave action moved sand from beach area into parking lot, depositing about 2 feet of sand. (approx. 135 cu yrds of beach sand is covering a portion of the fill -covered parking surface. Other damages: 2 blown over pepper trees on dike road blocking publi access to parking lot. SCOPE OF WORK Move approx. 1.35 cu yrds of sand back on dune after removal of approx. 80 live_ Australian pine trees, and replant with native dune vegetation per DEP permit. (Protective mitigative measure) On western toe of slope of the dune, create a 3-5 ft sand berm and install sand fence. (Protective mitigative measure) Does the Scope of Work change the pre -disaster conditions at the site? ❑ Yes ® No Special Considerations issues included? ❑ Yes No Hazard Mitigation proposal included ❑ Yes ® No Is there insurance coverage on this facility?[:] Yes No PROJECT COST ITEM CODE NARRATIVE aUANTITY/UNIT UNIT PRICE COST 1 1010 Debris (sediments, concentrated) 135 /Cy 6.50 878..00 2 1030 Debris trees 2/ea. 75.00 150.00 :: •: \•in•!:4:i4ii:4::i^:•Y4`--ii �i: �:v:::•::iv.±:w::v::::::v.,w:;.y:: ?.; •.:.}•.;:. :Y:yis':iiii:iit:?:R:S.'•�:?:{i�: it:::iJiliii::'::4iiii:�::<iiii::iiii'viii:�:i':::Ciiii:!:i T L COST 0 PREPARED BY: � l0 '� '� FEMA Form 90-91, SEP 981 REPLACES ALL PREVIOUS EDITIONS. FEDERAL EMERGENCY MANAGEMENT AGENCY O.M.B. No. 3067-0151 M-MOJECT WORKSHEET Expires April 30, 2001 PAPERWORK BURDEN DISCLOSURE NOTICE Public reporting burden for this form is estimated to average 30 minutes. The burden estimate includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the needed data, and completing and submitting the forms. You are not required to respond to this collection of information unless a valid OMB control number is displayed in the upper right corner of the forms. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing the burden to: Information Collections Management, Federal Emergency Management Agency, 500 C Street, SW, Washington, IBC 20472, Paperwork Reduction Project (3067- 0151). NOTE: Do not send your completed form to this address. DECLARATION NO. PROJECT NO. FIPS NO. DATE CATEGORY FEMA- 1300 -DR-EL 10/6/99 A DAMAGED FACILITY WORK COMPLETE AS OF: Sand overwash into beach access parking lot 10/6/99 0 % APPLICANT COUNTY St. Lucie County Mosquito Cont. Dist. St. Lucie County LOCATION Blind Creek County Beach Park @ Blind Creek on South LATITUDE LONGITUDE Hutchinson Island in St. Lucie County DAMAGE DESCRIPTION AND DIMENSIONS High wave action moved sand from beach area into parking lot, depositing about 3 feet of sand. Approximately 1000 cu yrds of beach sand is covering the entire shell rock parking surface. Other damages: 2 downed Australian pines, and 6 broken and/or missing pressure treated lumber that bordered parking lot. SCOPE OF WORK Move approximately 1000 cu yrds of sand .back on dune after removal of 12 live Australian pine trees, —and replant with native dune vegetation per DEP permit. ( Protective mitigativ measure) On western toe of slope of the reshaped dune, create a 3-5 ft sand berm and install sand fence. ( Protective mitigative measure) . Does the Scope of Work change the pre -disaster conditions at the site? Yes ® No Special Considerations issues included? Yes r-71 No Hazard Mitigation proposal included Yes ® No Is there insurance coverage on this facility?[] Yes No PROJECT COST ITEM CODE NARRATIVE QUANTITY/UNIT UNIT PRICE COST 1 1010 Debris (sediments, concentrated) 1001/cy 6.50 6506.50 2 1031 Debris, trees 1 /ea. 150.00 150.00 3 1030 Debris, trees 1 /ea. 75.00 75.00 4 9999 Replace 2"x4"x8' treated lumber on fe ice 6/ea. 3.06 18.36 5 9025 Contract labor to rebuild fence lump sum 1 110.00 :%;yi'ji:iy;'}•r:"v`h:+:n:': i:L'v::}:'{'v:;:;:;:Ci. TOTAIL COST $6860.0 PREPARED BY: 10 `1 Q FEMA Form 90-91, SEP 98 \ REPLACES ALL PREVIOUS EDITIONS. AGENDA REQUEST ITA NO. a-4A DATE: November 23, 1999 REGULAR [ ] PUBLIC HEARING[ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie -Smith Assistant County Attorney SUBJECT: Release for Property Damage to County Vehicle BACKGROUND: On April 16, 1999, a vehicle owned and operated by the County was involved in an accident. The County vehicle sustained three thousand two hundred eleven and 21/100 ($3,211.21) dollars in damages. Attached is a Property Damage Release for the amount of damages releasing Underwriters Guarantee Insurance Company and their insured from any and all liability resulting from the accident. Once the Release has been signed and returned to Underwriters Guarantee, they will forward payment for the damages. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board authorize the Chairman to execute the Release in the amount of three thousand two hundred eleven and 21/100 ($3,211.21) dollars. COMMISSION ACTION: [ X] APPROVED [ ] DENIED [ ] OTHER: County Attorney: Originating Dept. C N N E: ____ D u as Anderson County Administrator Review and Approvals Management & Budget Other: Finance: (Check for Copy only, if applicable) Purchasing: Other: Eff. 5/96 Cz;01a ti is_CA MAILING ADDRESS: Post Office Box 522367 • Miami, Florida 33152 Telephone (305) 226-0000 * WATS Telephone (800) 488-4444 . Fax (305) 222-4229 PROPERTY DAMAGE RELEASE KNOW ALL MEN BY THESE PRESENTS: That the undersigned, being of lawful age, for sole consideration Dollars ($ to be paid t 0 do/does hereby and for mytbur/its heirs, executo s,'administrators, succes f`� sors and assigns release, acquit and forever discharge4 ��� 'and his, her, their, or its agents, servants, successors, heirs, ecutors, administrators and all other persons, firms, corporations, caksociations or partnerships of and from any and all claims, actions, ses of action, demands, rights, damages, costs, loss of services, e enses, compensation whatsoever, any and all claims, actions and/or es es of action for bad faith, loss of use, diminution of value, st, towing charges, storage charges, car rental charges, which undersigned now has, have, or which may hereinafter accrue on acc •nt of or in any way growing out of any and all known and un- kno , foreseen and unforeseen property damage and the consequences tiler f resulting or to result from the occurrence on or about the day of , 19 T 9, at or near (CONTINUED ON OTHER SIOEI =c �ia of 8300 West FW O W Street • Suite 250 • Miami. F1Onda 33144 S C A MAILING ADDRESS: Post Office Box 522367 • Miami, Florida 33152 Telephone (305) 226-0000 • WATS Telephone (800) 488-4444 • Fax (305) 222-4229 It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payment made is not to be construed as an admission of liability on the part of the party or parties hereby released, and that said releasees deny liability therefor and intend merely to avoid litigation and buy their peace. The undersigned further declare(s) and represent(s) that no promise, inducement. or agreement not herein expressed has been made to the undersigned, and_that this Release contains the entire agree- ment between the parties hereto, and that the terms of this Release are contractual and not a mere recital. THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT. Signed, sealed and delivered this day of ,19 Witness Witness Witness STATE OF } SS. COUNTY OF I CAUTION: READ BEFORE SIGNING BELOW LS LS LS On the day of , 19 , before me personally appeared to be known to be the person(s) named herein and who executed the foregoing Release and acknowledged to me that voluntarily executed the same. My term expires ,19 NOTARY PUBLIC 8300 West Flagler Street 0 Suite 250 • Miami, Florida 33144 *01 a Immediately after an accident fill out this form and send to: GALLAGHER BASSETT INSURANCE SERVICE ACCIDENT REPORT, AUTO AND TRUCK (FOR BODILY INJURY OR DAMAGE TO ANOTHER'S PROPERTY OR FOR DAMAGE TO YOUR VEHICLE) THIS ACCIDENT RESULTED IN: ❑ BODILY INJURY PROPERTY DAMAGE ONLY CLIENT NAME -;'.. -,.. ... PHONE DRIVER NAME .. PHONE DATE OF BIRTH St. Lucie Count bra" >{tchael Mur h <� 466-4617 08/13/39 ADDRESS ADDRESS NUMBER OF YEARS WITH COMPANY 124 N. Indian River Dr. 240 Sea Conch Place Box I4 9 yrs. 4 mths. CITY STATE ZIP CITY STATE ZIP DRIVER'S LICENSE NO. Pierce FL 34950 Ft. Pierce FL 34982 M610-550-39-293 VEHICLE MAKE OF YOUR VEHICLE -' YEAR MODEL - SERIAL NUMBER LICENSE NUMBER WHERE VEHICLE CAN BE SEEN Ford 93 Aerostar Van 1119603 County Garage TRAILER (IF APPLICABLE) - YEAR MODEL - AREA OF DAMAGE USED FOR BUSINESS ESTIMATED COST TO REPAIR ❑ YES ❑ NO sl , 5 00.00 ACCIDENT DATE OF LOSS TIME OF LOSS LOCATION (STREET OR HIGHWAY) . CITY STATE ,4r--r6 99' ca. 9:30a Kings H & Air ort.Rd Ft. Pierce FL WERE POLICE CALLED TO SCENE? POLICE DEPT. CALLED DRIVER ARRESTED TICKETED VIOLATION fig YES NO FHP Michael Murphy No No No NAME OF OFFICER BADGE NUMBER Daniels 0819-0784 TION ADDRESS CLAIMANT 1 OWNER OF OTHER VEHICLE - AGE ADDRESS CITY STATE ZIP PHONE Domino Tiv--- - P.O. Box 7834 Ft. Pierce FL 34948 DRIVER, IF OTHER THAN ABOVE - AGE ADDRESS CITY STATE ZIP PHONE 561— Patricia Yescasta 22 1608 S. 25th St. Ft. Pierce FL 34947 468-6613 MAKE OF VEHICLE YEAR MODEL LICENSE NO. JABRT6972 AREA OF DAMAGE ESTIMATE OF DAMAGE WHERE CAN VEHICLE BE SEEN Isu 86 IG4119630 Front 1000.00 CLAIMANT 2 OWNER OF OTHER VEHICLE AGE ADDRESS CITY STATE ZIP PHONE DRIVER, IF OTHER THAN ABOVE AGE ADDRESS CITY STATE ZIP PHONE MAKE OF VEHICLE YEAR MODEL LICENSE NO. AREA OF DAMAGE ESTIMATE OF DAMAGE WHERE CAN VEHICLE BE SEEN PROPERTY DAMAGE —OTHER THAN AUTO is. FENCE, CANOPY) OWNER OF PROPERTY - ADDRESS CITY STATE ZIP PHONE DESCRIBE DAMAGED PROPERTY - LOCATION OF PROPERTY CITY STATE EXTENT OF DAMAGE -)TNESS INFORMATION .Ae ADDRESS CITY STATE ZIP PHONE Jimmy Hankins 7907 James Rd. Ft. Pierce FL 465-2279 NAME ADDRESS CITY STATE ZIP PHONE NOTE: PLEASE COMPLETE REVERSE SIDE i °1 °= mi d > o °I c5 o °> oo nrr > m0 cxo < x0 => x> c A 0 =z Jm o I; >z n> 1 0 ��° i mi mi a mm mZ D mm 00 am cZ _m2 ID ="~I �j �0 io A P1 N �M mu+ N '�0 m In0 Z10 - N 0- o O 0 m ° r (A C>10 �m c < Z _ a DQ> D 0m o- 0nl`r > 0 -- IC zAx m f �!' m r 0 z i -� i = ° m n T� �1 ^ ° Ox rm o�z m n P '7�r4- i — ). f 1 m m n P x C < 0 vi R1, v`' S i < f m i -J' I �_ - m a z RI PI C c1` �- I �' m c. �;.!1 r m = d 0 :< > � ? p (n A = c 0z on o > 0 0z m > z + > z 0 U;F y �z -40 3m �Q Z �; 0 ; i > -©i H> I r> >O him �� 6i m m Om z m m z ; > Mm rm- 0m m� m- 1 m cn0 i y i N Z oc o m0 �r o �+ o y A '' o o �+ ,, 3 z > '+ m n m Hr D : m a _ ; 0 Z S r0 L- L- i z �> m cc , D 0 o c c c o L� ci > a{ < z o C a z a �F 03 1< m fig m Z 0 r 0 > z z > d O i o � z d x I > / 4 r `r i i . a • p . • - A � 0 SAC � Q -� TT C - m D 0 Q v m r _ :9 Q 1 • _ - V � Q ° � � m c z g o = a y vD <C m S Mal a 'tire AGENDA REQUEST TO: Board of County Commissioners SUBMITTED BY(DEPT):County Attorney ITM NO. C-4B DATE: November 23, 1999 REGULAR[ ] PUBLIC HEARING ( ] CONSENT [ X ] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: St. Lucie County Chamber of Commerce, Inc. - 1999-2000 Grant Contract BACKGROUND: See attached memorandum CA 99-1572 FUNDS AVAILABLE: Account Number 001-5200-582003-500 PREVIOUS BOARD ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed grant contract with St. Lucie County Chamber of Commerce, Inc., and authorize the Chairman to sign the agreement. COMMISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: County Attorney: Originating Dept. Finance: (Check for Copy only, if applicable): ,, ?r�vd/yq l �j CONCURRENCE: X_ Z., , — DduglZs Anderson County Administrator Review and A1212rovals Management & Budget: Other: Purchasing: Other: INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 99-1572 DATE: November 16, 1999 SUBJECT: St. Lucie County Chamber of Commerce, Inc. - 1999-2000 Grant Contract BACKGROUND: The 1999-2000 budget includes a one hundred twenty-five thousand and 00/ 100 grant to St. Lucie County Chamber of Commerce, Inc. to be used towards the Chamber's efforts to facilitate economic development in the County. Attached to this memorandum is a copy of the proposed grant contract. The contract requires the Chamber to submit quarterly reports to the County analyzing its economic development activities. Funds are available for this project in account number 001-5200-582003-500. CONCLUSION/RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed grant contract with St. Lucie County Chamber of Commerce, Inc., and authorize the Chairman to sign the agreement. Respectfully submitted, Heather You liy Assistant County Attorney Attachment HY/ Copies to: County Administrator Finance Director Management and Budget Manager Contractors Coordinator Grant Coordinator Deputy Clerk GRANT CONTRACT THIS CONTRACT, made this day of A.D. 19 , between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and ST. LUCIE COUNTY CHAMBER OF COMMERCE, 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 a grant in the total amount of one hundred twenty-five thousand and 00/100 dollars ($125,000.00) for fiscal year 1999-2000. The County shall make one lump sum payment of the grant funds to the Recipient within fifteen (15) days after this contract is executed on behalf of the County. 2. The grant shall be used towards the Recipient's costs in its efforts to facilitate economic development in St. Lucie County. The goals and objectives for the Recipient's economic development efforts in connection with this contract shall include (a) contact with businesses which may relocate to St. Lucie County, and (b) support for existing businesses located in St. Lucie County. The Recipient shall submit quarterly reports to the County analyzing its quarterly and year- to-date activities to meet such goals and objectives. 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 terms and conditions of this contract, any money not so used shall be reimbursed to the County. 171 En 5. On or before April 1, 2001, the Recipient shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of the grant. In the alternative and subject to the prior written approval of the County Management and Budget Manager, the Recipient may submit qualifying paid invoices in lieu of a certified audit. 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 agrees to fully indemnify and hold harmless the County, its officers, employees, and agents of and from all liabilities, damages, claims, recoveries, costs and expense in any way arising out of the receipt or expenditure of these monies. 8. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. 9. All publications, media productions and exhibit graphics produced by the Recipient to facilitate economic development in the St. Lucie County shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. Either party may terminate this contract with or without cause upon thirty (30) days written notice to the other provided however the Recipient shall reimburse the County for all unencumbered funds or funds expended or encumbered in conflict with Recipient's application, as of the date of termination notice. E M M 11. 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, Room 300 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 WITH COPY TO: St. Lucie County Attorney Administration Annex, Room 306 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 TO THE RECIPIENT: St. Lucie County Chamber of Commerce, Inc. Post Office Box 8209 Fort Pierce, Florida 34985 12. No amendment, modification or waiver of this Contract shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Contract 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 forms for contract modification, Recipient agrees to use said forms. 13. Except as otherwise provided, this agreement shall be binding upon and shall insure to the benefit of the parties. 14. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 15. This Contract embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Contract shall supersede 3 E5 all previous communications, representations or agreements, either verbal or written, between the parties hereto. 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 DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: A,1zw,COUN Y YrTORNEY ATTEST: ST. LUCIE COUNTY CHAMBER OF COMMERCE, INC. Q�g BY. SECRETARY RESIDENT gAatty\agreem nt\contract\chamber.99.wpd 2 (SEAL) qW 7 "%W AGENDA REQUEST I'KM NO. � �C DATE: November 23, 1999 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: Equity Resource Group of Indian River County, Inc. - Consent to Assignment of Lease Agreement to Shrimp Culture II, Inc. BACKGROUND: See attached memorandum CA 99-1573 FUNDS AVAILABLE: N/A. PREVIOUS BOARD ACTION: On July 20, 1999, the Board of County Commissioners consented to the assignment of the lease agreement with American Aqua Resources, Inc. to Equity Resource Group of Indian River County, Inc. RECOMMENDATION: Staff recommends that the Board of County Commissioners consent to the assignment of the lease agreement from Equity Resource Group of Indian River County, Inc to Shrimp Culture II, Inc., and authorize the chairman to sign the consent. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: County Attorney: _\ Originating Dept. ance: (Check for Copy only, if applicable): I L� County Administrator Review and Approvs Management & Budget: Purchasing: Other: Other: _ w M M INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 99-1573 DATE: November 16, 1999 SUBJECT: Equity Resource Group of Indian River County, Inc. - Consent to Assignment of Lease Agreement to Shrimp Culture II, Inc. rNMUNW&GINK On May 23, 1995, the St. Lucie County Port and Airport Authority entered into a lease agreement with Atlantic Aquaculture Technologies, Inc. for certain property located on the northwest corner of the St. Lucie County International Airport. The lease agreement provided fa the property to be used for an aquaculture operation. On November 1,1997, Atlantic Aquaculture assigned the lease agreement to American Aqua Resources, Inc. On July 20, 1999, American Aqua Resources, Inc. assigned the lease agreement to Equity Resource Group of Indian River County, Inc. Equity Resource Group is now requesting the County's consent to assignment of the lease agreement to Shrimp Culture II, Inc. A copy of the proposed assignment is attached to this memorandum. CONCLUSION/RECOMMENDATION: Staff recommends that the Board of County Commissioners consent to the assignment of the lease agreement from Equity Resource Group of Indian River County, Inc to Shrimp Culture II, Inc., and authorize the chairman to sign the consent. Respectfully submitted, 3,1—,Z;,_ Heather YOCAF Assistant County Attorney Attachment HY/ Copies to: County Administrator Finance Director Management and Budget Manager Contractors Coordinator Grant Coordinator Deputy Clerk 0 " Mo SECOND AMENDMENT TO MAY 23, 1995 LEASE AGREEMENT THIS SECOND AMENDMENT made and entered into this L0, day of 11hWwvSy(_ ,1999, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("Lessor"), and SHRIMP CULTURE II, INC., a Florida corporation ("Lessee"). WHEREAS, that certain Lease was executed on May 23, 1995, hereinafter called the "Lease", and amended on April 9, 1996, hereinafter called the "Amendment", between St. Lucie County Port and Airport Authority, a dependent taxing district of the State of Florida, as Landlord, and Atlantic Aquaculture Technologies, Inc., hereinafter called "AAT"; and, WHEREAS, on November 1, 1997, AAT assigned the Lease, as amended, to American Aqua Resources, Inc., and, WHEREAS, on December 30, 1997, the St. Lucie County Port and Airport Authority conveyed all right, title, and interest in the above -described leased premises to St. Lucie County; and, WHEREAS, on July 20, 1999, American Aqua Resources, Inc. assigned the Lease, as amended, to Equity Resource Group of Indian River County, Inc.; and, WHEREAS, on /V_,L*eos4rA , 1999, Equity Resource Group of Indian River County, Inc. assigned the Lease, as amended, to Shrimp Culture II, Inc.; and, WHEREAS, the Lessee desires to extend the term of the Lease, as amended, an additional five (5) years with the option to ftirther extend the term by two (2) additional five (5) year periods. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: l . Paragraph 10. TERM: TERMINATION of the Lease, as amended, shall be amended to read as follows: 10. TERM: OPTION TO RENEW. The term of this lease agreement shall begin on September 1, 1995 or the date of issuance of the South Florida Water Management District permit for the leased premises, whichever date is earlier, hereinafter referred to as the "commencement date", and shall terminate ten (10) years from that date. Delivery of the possession of the premises to Lessee shall be made on the date the Lessor executes this Lease. Lessee shall have the option to extend the term of this Lease for an two additional five (5) year periods subject to the same terms and conditions as contained herein. Lessee shall provide Lessor with ninety (90) days prior written notice of its intent to exercise such option to extend the Lease term. -1- 0 2. Except as amended herein, the terms and conditions of the May 23, 1995 Lease Agreement, as previously amended, shall remain in full force and effect. IN WITNESS WHEREOF, the Lessor has hereunto subscribed and the Lessee has affixed its name, and seal the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: ATTEST: SHRIMP corpora of BY: S CRETARY / g:\atty\agreemnt\lease\2a-sct.wpd -2- COUNTY ATTORNEY II, INC., a Florida � f AW4ll..*- CHAIRMAN (SEAL) 11 err AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. C4D REGULAR[] PUBLIC HEARING [ ] CONSENT [ x ] PRESENTED BY: SUBMITTED BY(DEPT): County A orny's Office James W. Lancaster Asst. County Attorney SU'RJFCTz Consider Approval for Quit Claim Deed attached. BACKGROUND: The City of Fort Pierce has obtained a sidewalk easement from Accie Leverity for the reconstruction of Avenue "D". The subject property was recently offered for sale at a tax deed sale, but there were no bidders and the property has been placed on the list of lands available for taxes. Because of this, the City has requested the County to convey to the City any interest the County may have in the property. Attached to this Agenda Request is a copy of a Quit Claim Deed prepared to accommodate the City's request. RECOMMENDATION/ CONCLUSION: Staff recommends that the Board approve the Quit -Claim Deed to Fort Pierce and authorize the Chairman to sign the Deed.. [ APPROVED [ ] DENIED [ ] OTHER: b� [X]County Attorney: []originating Dept: Re iew and Approvals [ ]Management & Budget: []Finance:(check for copy only, if applicable) M. Anderson Administrator [] P u r c h a s i n g: Effective 5/96 This instrument prepared by: James W. Lancaster, Assistant County Attorney St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 This Quit -Claim Deed, Executed this day of , 1999 by the Board of County Commissioners for St. Lucie County, a political subdivision of the State of Florida, and having its principal place of business at 2300 Virginia Avenue, Fort Pierce, FL 34982 (the "County") to City of Fort Pierce, Florida, a Municipal Corporation whose post office address is 100 North U.S. 1, Fort Pierce, Florida, 34950 (the "City"). Whereas, the City has obtained an easement from the current owner of the property described below for use as a City sidewalk and has requested the County to subordinate any claim that the County may have to the City's easement, and the County has agreed to do so by quit claim deed. Now Therefore, the County, for and inconsideration of the sum of $10.00 in hand paid by the City, the receipt whereof is hereby acknowledged, does hereby remise release and quit -claim unto the City forever, all the right, title, interest, claim and demand, if any, to which the County has in and to the following property, situate lying and being in the County of St. Lucie, State of Florida, to wit: a perpetual right of way easement for the construction, installation, maintenance, operation, repair, and replacement of a sidewalk and pedestrian walkway, through, in, under, upon, along, over, and across the following described land in St. Lucie County, Florida: The South 10' of Lot 7, Block "D" of Fee & Mays Addition as per plat thereof recorded in Plat Book 3, Page 48, Public Records of St. Lucie County, Florida. To Have and To Hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the County, either in law or equity, to the only proper use, benefit and behoof of the said second City. -1- M County Seal In Witness Whereof The County has caused these presents to be executed in its name and its seal to be hereunto affixed by its proper officers thereunto duly authorized the day and year first above written, ATTEST. - Chairman Board of County Commissioners for St. Lucie County, Florida Deputy Clerk of Court Printed Name Printed Name Witness Witness STATE OF FLORIDA } COUNTY OF ST. L UCIE } I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared to me known to be the person described in and who executed the foregoing instrument and John acknowledged before me that she executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of A.D. 1999. -2- 114v✓ AGENDA REQUEST `r'' ITEM NO. C-5 DATE: November 23,1999 REGULAR[] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUB_ Purchase a Triplex Greens Mower from existing Bid. BACKGROUND: On January 12, 1999 the Board awarded Bid #99-12 Purchase of a Triplex Greens Mower to Kilpatrick Turf. The vendor will honor this price of $20,750.00 for the purchase of a mower budgeted in the 2000 budget for the golf course. The budget for this purchase is $22,500.00 FUNDS AVAIL.: 418-7250-564000-700 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approving of the purchase of a Triplex Greens Mower to Kilpatrick Turf in the amount of $20,750.00. COMMISSION ACTION: ( APPROVED [ ] DENIED [ j OTHER: County Attomey:(X) Y Originating Dept: Finance: (Check for Copy only, if Applicable) Coordination/Signatures Mgt. & Budget:(X) � Other: CONCUR NCE: Dog Afiderson County Administrator Purchasing Mgr.:(X) Other: Eff. 1 /97 H:\WP\AGENDAS\OTHER\piggyback 99-12 bid.wpd AGENDA REQUEST ITEM NO. C-2 A too DATE: January 12, 1999 REGULAR [ ] PUBLIC HEARING [ CONSENT MI TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BYE, to c C_ SUBMITTED BY(DEPT): PURCHASING CHARLES BICA T c-} — n SUB- x9•.� Award of Bid #99-12 Purchase of a Triplex Greens Mower BACKGROUND: On December 9,1998 bids were opened for the purchase of a Triplex Greens Mower. Seventeen vendors were notified, three sets of bid documents were distributed (one is minority owned), and two bids were received (one is minority owned). The low bidder Hector Turf is declared non- responsive because they did not meet specifications. Hector Turf did not bid a diesel engine as specfied. The low bid that meets specification is by Kipatrick Turf in the amount of $20,750.00. The bid exceeds the amount approved for the purchase by $750.00. Funds are available in the equipment account to cover the overage. FUNDS AVAIL.: 418-7250-564000-700 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of Bid #99-12 Purchase of a Triplex Greens Mower to Kipatrick Turf in the amount of $20,750.00 CO MISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: v County Attomey.Qg Originating Dept Finance: (Check for Copy only, if Applicable)?OC Coordination/SiSmatu en Mgt. & Budget z 4 14 Other: Administrator Purchasing Mgr.:(X), Etf.1/97 3:\WP\AG3NDM\BIDS\99-12 award.wpd M En DEPARTMENT OF LEISURE SERVICES Fairwinds Golf Course TO: Charles L. Bicht, Purchasing Director FROM: Jack Doughney, Director of Leisure Services via Bob Mooney, Golf Course Superintendent DATE: December 18, 1998 SUBJECT: Bid #99-12 Leisure Services/Triplex Greens Mower Due to the fact that Vendor #1 on Bid #99-12 for the Triplex Greens Mower does not meet specifications,(no diesel engine), Leisure Services Fairwinds Golf Course would like to recommend that the Board approve Vendor #2 for this mower. We realize this vendor's bid is $750 more than our equipment request #99-105. To off -set this, the equipment request #99-104 for the trap rake will be under by $7,00.0 and EQ 99-106 for the Ice Machine will by under by $243. Thank you for your assistance in this matter. If you have any questions or need additional information, please contact Bob Mooney at extension 1773 or Annette Jennings at 1979. aj ul Val ce. W O Z LLI w 0 J � N Gig � W a V co > 0) LLJ N to N chLLI O CZ D U) LL! mJo O G Z. W_ > tom- QL J �1 �,- o w C �. ' LLB T Z U ~ W W > ii. W .. O 0 w z a � IW-jW IM0P 9 a all c m W � ti G Z W W cc 6 O C o � � � m m 0 0 0 z z z I am,,, *Ago Triplex Greens Mower The following specifications are not design to omit the bid to one manufacturar. All vendors are encouraged to bid equipment in the same range as the specifications indicate. Each bidder is to supply a manufacturer's brachure with the model bid indicated If the equipment bid deviates from the specification, the vendor is to explain the deviation. ENGINE: Bore: 2.5" minimum. Stroke., 2.4" minimum Displacement 34 cu. in. (570 cc) minimum Type: 4-cycle; three cylinders, liquid-cocled, diesel Horsepower .18 H.P. a 3e00 RPM Air Cleaner. Replaceable Dual Element Governor. Ball type Starter Electric: 12 Volt Bendbc Type 12 Volt 16 Amp, Alternator w/Solid State Rectifier Regulator, Key Start Fuel Tanis Minimum 8 Gallon u Tires: 18 X 9.5-8 2 Ply Pneumatic Tubeless Braises: Automotive -Type on Drive Wheels Frame: Welded Steel Construction Mowing Speed: 3 to 4 MPH Transport: 5 to T MPH Reverse Speed: 3 to 5 MPH TRANSMISSION: Tractor Drive: Hydraulic Torque Motor -12 cu. in. displacement on each Drive. Wheel Reef Drive: Gear Type Hydraulic Motor, Dual Direction on each wheel Pump. 5,section stack, gear -type, direct drive through flex coupling Traction: .59 au. in. displacement Reel: .37 cu. in. displacement INDIVIDUAL REEL CONTROL Power Steering: .3T cu. in. displacement Valve: Directional Control, Stack, 5-Spoof, High Eiflclency Relief Valves Filtration: Full Flow Hydraulic System: 5 Gallon Capacity Mower Lft: Hydraulic Double Action Cylinder i s 1=i_, Number S Size: Three (3) = x T reels Rollers: Grooved Machined Steel Front, Solid Bade Number of Blades. 11 Blade Material: Hardened carbon steel Cutting Width: 62" Cutting Height: 5/64" - 9/16" Grass Catcher Standard Polyethylene ACCESSORIES: 1. Turf Groomers 280 Inch spacing II. 12 volt wide angle head lamp 05 0 Why; f; 12 Month Unlimited Hours on Complete Triplex minimum NOTE: ALL PARTS & BER'VJCE MANUAL TO BE INCLUDED �%W me BID FOFLM All bids must be submitted in a sealed envelope addressed to the St. Lucie County Purchasing Manager, 2300 Virginia Avenue, Room 228, Fort Piero, Florida 34982, plainly marked on the outside with bid number, date and time of bid opening. BID #99-92 Triplex Greens Dower L JOSEPH B . Ln BERG REPRES NG HECTOR TURF Cornpany andlor Corporation, agree to perform all of the requirements to complete the wont required in the specifications for the price of: 1. Base_ Bid $ 16,700.00 TORO GREENSMASTER 3100 WITH 11-BLADE REELS;_ GROOMING REELS AND LIGHT KIT Bid Obligation It is understood that this Bidder is bound by the bidding documents and that the bid may not be withdrawn during a period of 60 days after bid opening. The Board of County Commissioners and reserves the right to waive any informalities or minor irregularities, reject any and all bids which are incomplete; -conditional, obscure, or which contain additions not allowed for, accept or reject any bid in whole or in part with or without cause, and accept the bid which best serves the County. NAME OF BIDDER: HECTOR TURF ADDRESS: 1301 NW 3 STREET, DEERFIELD BEACH, FL 33442 PHONE: 954-429-3 SIGNED BY. MANAGER DATE:11/24/98 BID I'•OORMi - -'ve.• - •,aL ^„*;?: _ - -f :'a?y`(�-mot _ - ..r::.".�.. _. .. _ All" bids muss beysubmitted in .a s"ed• envelope addressed to theSi. Lucie County. Purchasing iVlanager, 23M VirgfntaAve'nu% Room 228, Fod Pierce, Florida 3498Z plainly marked on the outside with bid number; `dais and time of bid opening. BID #9942' Trlplex•Genis 'AAow�et r;--Z1W �o,� - lUPRES G Company andlor Corporation, agree to perform all of the requirements to complete the w©rk required in the specifications for the price of: 1. Base Bid � o?D'SO. 00 Bid Obligation It is understood that this Bidder is bound by the bidding docunnents and that the bid may not be withdrawn' during"a period of 60 days after bid opening. i The Board of County Commissioners and reserves the right to waive any ir1form2iifies or Minor irregular ffes, reject any and all bids which are incomplete, concrdonal, obscure, or which contain additions not allowed for, accept or reject any bid in whole or in part with or without cause, and accept the bid which best serves the County. NAME OF BIDDER et'l rt�id4e Tim _ ADDRESS: -7700 Wl�# 444r J& Awvrrml PHONE.JYM) SIGNED BY: TrrM.J.4/ S DATE:. AGENDA REQUEST ITEM NO. C-5-B DATE: November23,1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT M TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Furniture and Computers for St. Lucie West Judicial Offices BACKGROUND: See attached memoranda from the Court Administrator and Judge Walsh. FUNDS AVAIL.: $12,303 from 170-605-551200-6000 $4,880 from 183001-752-564000-6000 $4,227 from 183001-752-551200-6000 $1,146 from 183001-752-551501-6000 PREVIOUS ACTION: N/A Court Facilities Court Administrator - Arbitration Mediation Fund RECOMMENDATION: Staff recommends approval of the purchase of furniture and computers as listed for the St. Lucie West Judicial offices. COMMISSION ACTION: [ JXAPPROVED [ ] DENIED [ j OTHER: County Attomey:(X)I / Originating Dept: Finance: (Check for Copy only, if Applicable)- c oordination/Signatures Mgt & Budget(X) Other. Courftv Administrator Purchasing Mgr.:(X) Other: Eff. 1/97 H:\Wp\AGENDAS\OTHER\SLW Jud Furniture.wpd 7 s• . Thomas H. WiCfis TRIAL COURT ADMINISTRATOR State of F(AT'ida Lisa Savage Nineteentk Jt.eida.l SENIOR DEPUTY COURT ADMINISTRATOR October 6, 1999 MEMORANDUM 99-277 TO: Doug Anderson ✓ Harvey Lincoln FROM:( 'Tom Willis ,J'� Furniture and Computerf'or St. Lucie West [l! ,Vqo4 j .ram 6 1 r� Mark J. Godwin DEPUTY COURT ADMINISTRATOR John, J. Vaniffaa, Circuity DEPUTY COURT ADMINISTRATOR �1vt C 1 i am As you are aware, on January 1 2000, we will be moving Judge Walsh, Judicial Assistant Marry Thomas, a Civil Traffic Infracti n Hearing Officer and Medi-ari-on-Corordinator Andrea Bemenderfer to St. Lucie est. All C �.ty __>vi1, Sma11 Claims, Landlord -Tenant, Civil Traffic Infractions and Mediation will be held at that facility. ' Attached is a list of Rimiture needed for Judge Walsh, Marty Thomas and the Hearing Officer. The furniture down there presently is a wreck. I would suggest court facilities money be used to purchase the requested fiirniture. A letter from Judge Walsh accompanies the fiurnihire list with additional office needs. Andrea Bemenderfer will be occupying four offices on the east side of the building. She will need fiimiture.and a list is attached. I would suggest that this could be purchased out of the County Civil Mediation Trust Fund. All of the furniture will be used to coordinate County, Circuit and Family Division Mediation in St. Lucie County and thereby use of that money is appropriate. Also attached is a computer system quote for four (4) P.C.'s, two (2) printers, and four (4) software programs. One (1) P.C., one (1) printer and one (1) software program can be purchased through the Mediation Trust Fund money. Al o this needs to be "in place" by mid December, 1999 in order that we can move before January 1, 2000 operations date. � rS THW/khgx cc: Honorable Thomas J. Walsh, Jr. 11 Q OCT g 1999 CC. f.0 . I 229 Courthouse Addition • 218 South Second Street • Ft. Pierce, FL 34950 Ph-- MAIN dGi9_1A77 . Fax• 11;Ril AR,'J'-'J1.q5 M Thomas J. Nalsh, Jr. Judge of County Court St. Lucie County �^ 2 �:.�y �,-'sue- r._ •w'`�.'`•c ,Stttb of J1=1-ba �qftlzt88 jub • 213 Courthouse Addition G=if 218 South Second Street Fort Pierce, Florida 34950 Telephone (561) 462-1469 Am mde (561) 462-2798 M E M O R A N D U M TO: Tom Willis, Court Administrator FROM: Thomas J. Walsh, Jr., County Judge DATE: September 24, 1999 RE: Furniture for St. Lucie West Offices Attached please find the proposed list -of furniture and equipment for the offices we will occupy at the St. Lucie West Annex. I believe this to be comprehensive in nature and includes file cabinets and storage facilities for use by us as well as by the Traffic Infraction Hearing Officer. In addition to the furnishings listed, we would like to have electrical plugs installed in the small rooms adjoining each restroom in order to place unsightly coffee pots and other small appliances out of the way. I believe, too, Marty had mentioned to you our desire to have access to the building from the outside second floor door (south side) over the sally port. That door can currently be used as an exit, but there is no way to enter there. I also understand that new computer equipment is being ordered and I would specifically request 17" monitors for our use: Thank you for your continued cooperation and assistance in all matters concerning this move. Your help has been invaluable. Z5 15:48:35 QUOTATION SUBMITTED BY OFFICE PRODUCTS AND SERVICES 208 AVENUE A FORT PIERCE FL 34950 561-464-0450 COURT ADMINISTRATION 561-462-1472 229 COURTHOUSE ADDITION 218 S 2ND STREET FORT PIERCE FL 34950 QUOTATION NUMBER 92399DT2 MFG ITEM NUMBER CO. UN DESCRIPTION QTY *** SORT CODE 001 GROUP JUDO *** 10709RNN HON EA RET, 6OX24X29. 5, 2R 1 10755NN HON EA BOOKCASE 5 SHELF 3 10788LNN HON EA SP, 72X36, 3L, FP 1 1526N HON EA FLD INSTALLD CTR DRW 1 5153MG93 HON EA SOFA,CAMEL BACK93 SEAT 1 5192NN HON EA END TABLE, 24X24 2 520INMG93 !-ION EA EXECUTIVE CHAIR,HI-BACK 1 5203NMS69 HON EA GUEST CHAIR, SLED BASE 2 5418-OLO. 33 A/S EA LATERAL FILE, 36W, 2DRW 4 09/23/9' PAGE PRICE EXT. PRI 325.440 254.880 467.040 57.600 619.200 124.320 282.720 235.200 279.360 PAINT: P92 PUMICE STD KEY: KEY ALIKE TAG: JUDGE'S OFFICE 8114-720. L_T6L A/S EA LATERAL FILE TOP, MAH, 72" 2 96.480 TAG: JUDGE'S OFFICE 840000P HON EA A.KYBD MOUSEPD PREST 1 137.7.10 *** SORT CODE 002 GROUP SECR *** 10707RNN HON EA CRED, 72X24, SP, 2R 1 391. 200 10755NN HON EA BOOKCASE 5 SHELF 2 254.880 10770NN HON EA BRIDGE 4SX24 1 108.000 10788LNN HON EA SP, 72X361 3L7 FP 1 467.040 1485-000 A/S EA COUNTERWEIGHT KIT 1 32.160 1526N HON EA FLD .INSTALLD CTR DRW 1 57.600 50119 VRT EA CABINET REFRESHMENT,MY 1 235.000 5153MG93 HON E A, CAMEL BACK, 3 SEAT 1 619.200 5203NMS69 HON EA GUEST CHAIR, SLED BASE 3 235.200 5415-OLO. 3333 A/S EA LATERAL FILE, 36W, 4DRW 1 494.400 PAINT: P92 PUMICE STD KEY: KEY ALIKE W/STORAGE CABINET TAG: JUDGE'S SECRETARY 5476-000. P92 A/S EA STORAGE CABINET, 36X52 1 286.560 PAINT: P92 PUMICE STD KEY: KEY ALIKE W/5415 LATERAL FILE. ,TAG: JUDGE'S SECRETARY 840000P HON EA A.KYBD MOUSEPD PREST 1 181.10 TRHWM204NP71 A/S EA TASK,HI-BACK,FISYNCH,W/ARMS 1 381600 FABIRC: IN4D7 INTERLUDE "RUSSET" TAG: JUDGE'S SECRETARY *** SORT CODE 003 GROUP RECP *** 1 180.000 10615RNN HON EA 24 X 48 FLUSH RET RH 10684LNN HON EA 30 X 66 SGL PED LH 1 263.040 325. 764. 467. 57. 619. 248. 282. 470. 1117. 192. 137. 391. 509. 108. 467. JL._, . 57. 235. 619. 705. 494. 286. 137. 381. 180. 263. *%W cm 15:48;35 QUOTATION SUBMITTED BY OFFICE PRODUCTS AND SERVICES 208 AVENUE A FORT PIERCE FL 34950 561-464-0450 COURT ADMINISTRATION 561-462-1472 229 COURTHOUSE ADDITION 218 S 2ND STREET v FORT PIERCE FL 34950 QUOTATION NUMBER 92399DT2 09/23/99 PAGE 2 MFG ITEM NUMBER CO. UN DESCRIPTION QTY PRICE EXT.PRIC *•** SORT CODE 003 GROUP' RECP *** 10699NN HON EA 36X72 DBL FULL PED i 432.160 64.: 0 40S.0 1485-000 A/S EA COUNTERWEIGHT KIT 2 50.16 1522N HON EA FLD INSTALLD CTR DRW 1 5.0 50.F 1526N HON EA FLD INSTALLD CTR DRbJ 1 57. 600 57. E 5201NML93 HON EA EXECUTIVE CHAIR,HI—BACK 1 269.280 269.c 5203NMS69 HON EA GUEST ACHAIR, SLED BASE 6 235.200 1411.c 5418—OLO.33 A/S EA LATERAL FILE, 2^DRW, 36W 1 279.360 279. PAINT: P92 PUMICE STD KEY: (*DO NOT KEY SAME AS ANY OTHER) TAG: RECEPTION) 7702AN72V HON EA TASK CHAIR,N/ARMS 1 184.0 132.t 800001P HON EA ARTIC KEYBD PLATFORM 1 84.130 84.: SPECIAL PRICING PER: ST LUCIE CO. CONTRACT C99 05 423 HON / ALL —STEEL BID 060412 / 071723 TOTAL 12303.1 NET 12303.1 .ucie County Automated Services Virginia Ave Pierce, FL 34982 USA phone: 561/462-1681 Computer System Quote Quote For: Court Administration / (� J-L Quote Date 09/28/99 B9901247701 Lat l crz 's This is a quotation for the items requested. To initiate purchase of }he items, use the regular purchase order procedure to issue a purchase order to Automated Services, vendor number 3099. Upon receipt and installation of the items we will send an invoice for submission to Finance for processing. Customer Original 10/05/1999 16:09 561-4r •0984 0 P S, INC. In PAGE 01 15:52:28 QUOTATION SUBMITTED BY OFFICE PRODUCTS AND SERVICES 208 AVENUE A FORT PIERCE FL 34950 561-464-0450 COURT ADMINISTRATION 561-462-1472 229 COURTHOUSE ADDITION 218 S 2ND STREET FORT PIERCE FL 34950 QUOTATION NUMBER i0599DT2 10/05/99 PAGE 1 MFG ITEM NUMBER CO. UN pESCRIFTION yyy-iy G7��lL,.f.9li,tn ct C � QTY PRICE NEXT...F—RRIICCE amLCi smp=SQ=IE E MEDIATION **.* SORT CODE 001 GROUP S/CF *** 8403NGG62 HON EA GUEST ARM CHAIR 80572SN HON EA 36' X 72' E. B. BOAT 81214NN HON EA BASE,F/36X72 TABLE, MY *** SORT CODE 002 GROUP L/CF *** 8403NGG62 HON EA GUEST ARM CHAIR 80514GN HON EA 12' CONF TABLE 81?16N HON EA 120 X 48 LAM SLAB *** SORT CODE 003 GROUP OFFC *** MY HON EA RETURN, RGTPED, 48X36 10715RNN 10753NN HON EA I3 Y M BOOKCASE,3SHF,44X36X13, 10755NN HQN EA BQOKCASE, 5SHF, 71 X36X 13, MY 10784LNN HON EA DESKjSGLPED,LF,56X30,MY 2104BW ATA EA STAND, TYP, W/2 8"LEAF, PY,WT 2403NG062 HON EA GUEST ARM CHAIR b 125. 28@ 751.6a . Z 100.800 Loaaw2f i0 125.280 1252.80 296.060 298.08 1 110. 400 110. 40 1 226.560 226.56 1 180.480 180.48 i 254.880 254.88 1 324M 460 32-4. 48 1 94.900 94.90 2 125.280 250.56 SPECIAL PRICING PER: ST LUCIE CO. CONTRACT C99 05 423 HON BID 060412 lk TOTAL NET q.A2 6.7`� -5 78 33�35�� Charles Bichtfi Re:nFurniture and Computer for St Lucie West (19th Judicial Circuit), rv, „m Page 1 From: Thomas Willis To: Charles Bicht, Gary Perdew Date: Wed, Oct 20, 1999 9:16 AM Subject: Re: Furniture and Computer for St. Lucie West (19th Judicial Circuit) please be advised that you left out the $6026.00 for computer equipment and the $4226.74 for andi's furniture.The total needed is actually $22,556.41. CC: Douglas Anderson, Harvey Lincoln, Nick Dragash Charles Bicht - Furniture and Computer for St. Lucie West (19th Judicial Circuit Page 1 From: Gary Perdew To: Charles Bicht Date: Tue, Oct 19, 1999 2:38 PM Subject: Furniture and Computer for St. Lucie West (19th Judicial Circuit) Re: Tom Willis' Letter dated October 6, 1999 We have tentatively identified funding sources for the furniture and equipment Tom Willis asked for on behalf of Judge Walsh, Marty Thomas, Andrea Bemenderfer and the Hearing Officer. These items are to support their operation out of the St. Lucie West complex scheculed to begin January 1, 2000. -$12,303 has been placed in 170-605-599330-1650 -( a" rL i 1' C- i l L 1•t S �$10,253 has been placed in 183001-752-599300-6000 Cy �' `� �-) k i2 CC: Douglas Anderson, Harvey Lincoln, Nick Dragash ,... i TJrZ Ci j2 ,�, I ri ia' 1 I Hk AGENDA REQUEST I*d ITEM NO. C-6 INVESTMENT FOR THE FUTURE DATE: November23,1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Award of Bid #99-082 Repair of South 25" Street Bridge Over Ten -Mile Creek BACKGROUND: On October 13, 1999 bid were opened for the repair of the South 251h Street Bridge over Ten Mile Creek. Forty two vendors were notified, nine sets of bid documents were distributed and four bids were received. The low bidder is Sieg & Ambachtsheer in the amount of $94,247.50 including the deducts and additions for the guardrail as indicated on the attached memorandum from Engineering. FUNDS AVAIL.: will be made available in 316001-41133-563000-4321 Investment for the Future PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of bid #99-082 Repair of South 25th Street Over Ten Mile Creek to the low bidder Sieg & Ambachtsheer in the amount of $94,247.50, approve the project budget as indicated on the memorandum from Engineering and authorize the chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ OTHER: Pulled Prior to meeting. County Attomey:(X) Originating Dept: Finance: (Check for Copy only, if Applicable)- c oordination/Signatures Mgt. & Budget:(X) Other u nderson Countv Administrator ;r Purchasing Mgr.:(X) {�2 Other: Eff. 1/97 H:\wp\AGENDAS\BIDS\99-082 award.wpd `4 m i W W C.� J_ W W W Z O w • a o a J w O m Q O r m Z W cn t WLa W N m Cl)Z_ CDQ V V O LL O�O O� OC W W W L C) W mLL�a. ED0 .r Ix Z o U O 0 0 w to o > O M Q D T N N r U � r U LU Z# m o 0 > a W T o H ti N 4A U W � W Ix W Z = O O 0 > ado (0 CR c 0 O We O W 0) cc N U) Q O (I F' U N 0 Z O LU F— LO ti O o Z 08 40 O to a00o M �U 0 mZ # N QLU rL J G W H Z W Q IL O LL w W Z i G W F N N Z W D O 0 LL w W Z Zt- W W W cl m LL w W Z S en To: Via: Via: From: Date: DIVISION OF ENGINEERING MEMORANDUM 99-402 Charles L. Bicht, Sr. - Purchasing Manager Don West, P.E. - County Engineerrif q' Barbara Meinhardt - Budget and Revenue Coordinator Craig Hauschild, E.I. - Project Manager (f�" November 1, 1999 Subject: Award of Repair of S. 25th Street Bridge Over Ten -Mile Creek (Bid 99-082) This project is an "Investment for the Future" project. The work involves repair of the deficiencies identified by our bridge consultant, Jenkins and Charland, to bring the 25th Street Bridge over Ten -Mile Creek up to current standards. On October 13, 1999 bids for this project were opened in the Purchasing office. We have reviewed all four of the bids received. The bids were checked using the unit prices that were provided. The project was bid with two alternatives: Alt #1, Roadway Rail (Crash Tested) and Alt #2, Bridge Rail (Crash Tested). Selection of Alt. #1 bid item will delete item 536-1-1, Guardrail (Roadway). Selection of Alt. #2 bid item will delete bid items 536-1-2, Guardrail (Bridge) and 537-7, Special Handrail Posts. With the intent of extending the life expectancy of the bridge until the ultimate four laning of 25th Street, we have chosen to implement Alternatives #1 and #2. A detail summary of the two low bids is provided below: VENDOR: #1 #2 Contractor: M & J Construction Sieg & Ambachtsheer Base Bid Amount: Bid Item 536-1-1 Guardrail (Roadway): Bid Item 536-1-2 Guardrail (Bridge): Bid Item 536-7 Special Handrail Posts: Subtraction in Base Bid: Alt. #1 Bid Item 536-1-SP1 Roadway Rail Alt. #2 Bid Item 536-1-SP2 Bridge Rail Revised Base Bid Amount: $ 85,785.22 $ 93,861.00 -$ 2,298.30 -$ 2,363.50 -$ 3,240.00 -$ 3,600.00 -$ 21,504.00 -$ 22,400.00 $ 58,742.92 $ 65,497.50 +$ 8,865.00 +$ 6,750.00 +$33.600.00 +$ 22,000.00 $101,207.92 $ 94,247.50 low Based on our review of the bids, we recommend award of the contract to the low bidder, Sieg & Ambachtsheer, Inc. in the amount of $94,247.50. The following budget is established for the project: Construction: $ 94,248.00 Testing: $ 600.00 Reserves: $ 10,225.00 TOTAL: $104,973.00 Funds will be made available in Fund No. 316001-41133-563000-4321. attachments: Bid Summary Spreadsheet 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o O 0 0 0 o o p 0 0 0 0 0 0 0 0 0 o O o 0 0 O O ❑ ❑ 0 0 0 0 0 0 0 , O O �(A 0 0 0 0 � 0 Go� b9 �� p o 0 0 o o uO bOR 0 F 1� O d o CD C- w a IW- F co N Cl) ev v oo p W LO CD (fl��W W (Rw(flM� W 01, 1 �� °6 w M m W O O O O CD O o O O O O O CDO 0 0 o o O O o Ui a o 0 0 0 0 0 0 0 0 0 o 0 0 0 o 0 0 +' m O CD U')0 00 0 d7 0 CO N cM CO 0 M ,r V' O N O C U3 U) U> U3 co U) U) U) U> U) U) U) U) d a LO m U o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 o 0 0 0 0 o p p 0 0 0 0 0 0 0 0 0 0 0 O ❑ 0 ❑ 0 0 0 0 0 o O o ❑ O o O O 0 O o 0 0 o W) o O O o o O O O O O U) d) UJ U> ui 0 0 0 0 o O 00 O LLJ LU 0 LU CD LO U) U3 U> Uf b9 M N U3 U) Uf U) U) a) 0 O O N N 0 F CK�H v 'p r W� o N p O COC N Cl LO W U) U3 U) J W J W J N v� U3 U) r a` c•> u, u> w w w u> N ❑ ❑ ❑ 49), c 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ° M aD 0 0 00 cf) o ui oLO d C m CD O N cC) O w0 LO O M LO U> O NW O N� CD W N LO N U) U) M ° C G O U) U3 U3 U► UT U '- CO e� O G. m m m o o N o 0 0 0 N 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 o 0 o 0 0 0 o o 0 0 0 0 0 0 0 o (V p o o 0 0 C. 0 o 0 0 0❑❑ 0 v❑ 0 ui cD o 0 0 0 0 0 LO o 0 0 0 0 0 0 0 0 0 U) w 6 U) Uf U) U) 0 o O O r O O O O W W N W 7 CO O U) U) Ui Ui U) (D 0 U> U) O as V v? 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M M M d O O r u7 O O O M M V• V. .a. j; U0 1n LO u') to <n t` u'). �n `W M AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT) : Utilities Dena= m _nt ITEM NO. �, I DATE: November 23, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: 11BZF T: Purchase of a replacement/spare submersible lift station pump. Recommending replacement with original equipment supplier. Flyght Pumps were original supplier when project was completed. Staff requests that Ellis K. Phelps be declared the sole source and approval of equipment purchase in the amount of $1770.00. Also request approval of equipment request #EQ00-191. FUNDS AVAIL.: 451-3510-564000-300 pggVTOUS ACTION: The project was bid in 1995, the bid specifications were for Flyght pumps. The specifications allowed for equal or better products to be submitted. The Flyght proposal was selected and it allowed for a credit on the bid item at that time. RgrnnamgNDATTON: Staff requests approval to declare Ellis K. Phelps a sole source for Flyght Pumps and approve the purchase of a replacement/spare pump in the amount of $1770.00 and approval of EQ00-191. COMMISSION ACTION:_ [ X] APPROVED [ ] DENIED [ ] OTHER: 4D0ug derson Cou ty Administrator rooydi nati on/Sia aturH8 County Attorney:X Mgt. & Budget :X Purchasing Originating Dept:Other: Other: Finance Director:(Check for py only, if applicable) Eff. 5/96 BOARD OF COUNTY COMMISSIONERS MEMORANDUM TO: Board of County Commissioners FROM: William Blazak, Utility Director DATE: November 23, 1999 0 UTILITIES & RECYCLING DEPARTMENT WILLIAM BLAZAK DIRECTOR RE: Submersible Pump Purchase / South Hutchinson Island System When the South Hutchinson System was constructed Flyght pumps were utilized as a result of the bidding process associated with the project. Bidders had the opportunity to supply equal or better than Flyght but Ellis K. Phelps pricing was the most competitive. The pump that staff is requesting to purchase would be a replacement / spare pump for the system. The South Hutchinson system has eighteen stations that this pump could be utilized in for service. The original pumps have provided service for over three years without failure and this pump will provide backup and maintenance flexibility. This replacement pump will allow for other pumps to be rotated out of service for maintenance and provide the reliability to individual stations during maintenance. Staff requests that the Board declare Ellis K. Phelps as a sole source, waive the standard bid process, and approve the purchase of a replacement / spare pump in the amount of $ 1770.00 JOHN D. BRUHN, District No. 1 • DOUG COWARD, District No. 2 - PAULA Administrator LEWIS, Douglas N . Anderson HUTCHINSON Cou2300 Virginia Avenue 9 Fort Pierce, FL 34982 9 Phone (561) 462-1150 • District No. 4 • CLIFF BARNES, District No. 5 FAX (561) 462-1153 14 SOUTH HUTCH W W T P 56122986ueaa�� OCT-20-99 12 :09 F'rm%A" Cu_t7 R• rMCL.rZ wre rL. lu ILlTYF r —1777 1 YJ • 71 MI' MA$:}aCtLAlA 9 PF•RE;(Nlairri 0 �NArtP AY1 we9F! wAt(R 1A4AIMtN� C^,U�PM!N' • � ••M •mow• anus a. •„A. • 5T LUCID COUNTY - WAYNC DAVISuL September 7, 1999 FLY4T REPLACEMENT PUMP FOR LS #6 VISTANIA sm We are pleased to offer the following equipment: ONE (1) 3085/258 2hp 230v 1ph Flygt Submersible Pump with 40' of Motor Cable PRICM $1,770.00 plus taxes,FOS factory,with freight allowable to jobsite THIS PROPOSAL WILL EXPIRE IN THIRTY (30) DAYS UNLESS EXTENDED IN WRITING ®Y 9LLIS K. PHELPS & COMPANY . NOTE WE DO NOT SUPPLY PIPING,VALVES,GUIDE BARS,PRESSURE GUAGES OR SPARE PARTS EXCEPT AS INDICATED ABOVE. TERMS: SUBJECT TO CREDIT APPROVAL NET 30 DAYS AFTER DATE OF INVOICE OR 100% PAYABLE BEFORE START-UP OF EQUIPMENT(WHICHEVER COMES FIRST.) A SERVICE CHARGE . INVOICE DAER TE. FAILURE LL TO PAY IN ACCORDANCE WITH E ADDED To ALL BALANCES UNPAID 30 DAYS AFTER THESE TERMS WILL VOID ALL WARRANTIES. CONDITIONS :1) Price is firm based on our receiving complete approval and release tar production four (4) weeks after drawings have been submitted by Ellis K. Phe& Company 2) PARTIAL BILLING WILL BE MADE ON ANY PARTIAL SHIPMENT. We thank you for yours SIGNED FACSIMILE COPY OF THIS PROPOSAL ISACCEPTABLE 1egof service to yAS ou � the the near future . A BINDING CONTRACT. ELLIS K. PHELPS & COMPANY ACCEPTED BY: A", i COM ANY: STEVE KISS DATE:_ ►.0 BOX 1JJS6 • LArj PARK. FL0810A 11601 • 911.16"100 • FAX "I %4B."99 A I 0 P K A O F y. M y i R j p L A K G P A R K O 1 A v A N N A N TOTAL P-01 . l '0 1 , SW AGENDA RE UO ES�i ITEM NO. DATE: November 23,1999 CONSENT (X l REGULAR [ l PUBLIC HEARING L l Leg. [ ] Quasi -JD. [ l PRESE ED BY: TO: BOARD OF COUNTY COMMISSIONERS Lcgeria ewchu SUBMITTED BY (DEPT): Community Development or SUBJECT: Consider authorizing the submittal of a grant application to the Florida Department of Community Affairs Emergency Management Preparedness and Assistance Competitive Grant Program on behalf of the St. Lucie County Public Works Department. The Florida Department of Community Affairs Emergency Management BACKGROUND: Competitive Grant Program covers projects which implement the community's Local Mitigation Strategy (LMS). Since one of the most critical projects on the County's LMS project list is to purchase and install hurricane shutters at the Road & Bridge Office and the Traffic Operations building, staff recommends that this grant be utilized to resolve this problem. Since- the Traffic Operation building houses the computer systems that maintain the traffic functions, this fundamental project could prevent many traffic problems throughout the county during a natural disaster. if funded, the grant will provide funds to purchase and install hurricane shutters for both buildings. Installation of hurricane shutters is identified as #29 and #31 on the LMS project list. The grant is due November 30, 1999 and award announcements will occur on January 31, 2000. Since the contract signing date will be in mid - March, the shutters could be installed by June for next year's hurricane season. Since this project is identified as a priority funding category, the county will receive an extra 100 points. The total grant request will be for $40,000 and no county cash match will be provided. The only required staff time will be for preparation of the solicitation for contractors to install the hurricane shutters and for monitoring the contractor's work quality and timely completion of the job. FUNDS AVAIL.: No matching funds will be committed to this grant application. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board authorize the submittal of a grant application to the Florida Department of Community Affairs Emergency Management Preparedness and Assistance Competitive Grant Program on behalf of the St. Lucie County Public Works Department. COMMISSION ACTION: VDol [ APPROVED [ ] DENIED Y_i_-, [ ] OTHER: Anderson dministrator Coordination ►Sryi natur s � County Attorney: Mgt & Budget: 1'1 Purchasing: Originating Dept: Public Works: Other: � Ri(st�c S,4T ✓Finance: (copies only) : COUNTY COMMISSION REVIEW: November 23, 1999 DEPARTMENT OF COMMUNITY DEVELOPMENT Administration MEMORANDUM TO: Board of Coun`�mmi on s FROM: u ' Shewchuk, Community Development Director DATE: November 23, 1999 SUBJECT: Consider authorizing the submittal of a grant application to the Florida Department of Community Affairs Emergency Management Preparedness and Assistance Competitive Grant Program on behalf of St. Lucie County Public Works Department. This grant opportunity provides funds for County's and other agencies to complete projects on their Local Mitigation Strategy project list. County staff went through an extensive process identifying projects that should be completed to prepare for hurricane and other emergency events. Since many of the projects related to road and bridge retrofits require studies, permits and large sums of money to complete, staff felt that the best project that could be completed within the required one year time period would be to install hurricane shutters at the Road and Bridge and Traffic Operations buildings. Securing these buildings from hurricane force winds will ensure that the County's traffic operation computer system will be safe during severe weather conditions. Since the site already has a generator for back-up power, staff will not have to request funds for a generator. Purchasing and installing hurricane shutters on the Traffic Operations building is identified as #29 and to the Road & Bridge Office is #31 on the LMS project list. The Sheriff's Department will also apply to the same program for funds to purchase a mobile command unit that could be used during hurricane season or if the County experiences another bad wildfire season. The Mobile Command Post is #68 on the LMS project list. Since the Emergency Management Preparedness and Assistance Competitive Grant Program is an annual funding program, the County can plan to apply yearly for funds to complete the many projects listed on the LMS. Although this grant request will be for $40,000, the county has the potential to receive many years of funding for additional LMS projects. BOARD OF COUNTY COMMISSION REVIEW: 11/23/99 AGENDA ITEM C.8.a DEPARTMENT OF COMMUNITY DEVELOPMENT TO: County Commission FROM: Julia Shewchuk, Community Development Director DATE: November 22, 1999 SUBJECT: Authorization to expand Grant Application to The Florida Department of Community Affairs Emergency Preparedness and Assistance Competitive Grant Program Since the initial agenda request was submitted, staff has been made aware of two additional emergency preparedness projects which would fit the qualifications of the grant program. We are therefore asking for authorization to expand the grant application under Agenda Item C.8.a. to include the following two projects: 1. $ 100,000 to purchase a generator for the Civic Center in order to provide back-up power to the Air Conditioning system for the Civic Center when it is operated as a Special Needs Shelter during a disaster event. The amount includes all necessary wiring as well as a permanent mount. 2. $ 75,000 for design, engineering, and permitting to retrofit the existing parking lots for the Civic Center to eliminate flooding during heavy rainfall. Staff recommends approval of the Authorization to expand Grant Application to The Florida Department of Community Affairs Emergency Preparedness and Assistance Competitive Grant Program. If you have any questions on this matter, please let us know. SUBMITTED: pewchuk nity Development Director CC* county Administrator Asst. County Administrator Management & Budget Susan Lawrence, Finance Public Safety •.0 nt �,A BOARD OF COUNTY COMMISSION REVIEW: 11/23/99 AGENDA ITEM C.8.a DEPARTMENT OF COMMUNITY DEVELOPMENT TO: County Commission FROM: Julia Shewchuk, Community Development Director DATE: November 22, 1999 SUBJECT: Authorization to expand Grant Application to The Florida Department of Community Affairs Emergency Preparedness and Assistance Competitive Grant Program Since the initial agenda request was submitted, staff has been made aware of two additional emergency preparedness projects which would fit the qualifications of the grant program. We are therefore asking for authorization to expand the grant application under Agenda Item C.8.a. to include the following two projects: $100,000 to purchase a generator for the Civic Center in order to provide back-up power to the Air Conditioning system for the Civic Center when it is operated as a Special Needs Shelter during a disaster event. The amount includes all necessary wiring as well as a permanent mount. 2. $ 75,000 for design, engineering, and permitting to retrofit the existing parking lots for the Civic Center to eliminate flooding during heavy rainfall. Staff recommends approval of the Authorization to expand Grant Application to The Florida Department of Community Affairs Emergency Preparedness and Assistance Competitive Grant Program. If you have any questions on this matter, please let us know. SUBMITTED: p1riaewchuk nity Development Director CC: County Administrator Asst. County Administrator Management & Budget Susan Lawrence, Finance public Safety n TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Community Develovment SUBJECT: BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: ( X] APPROVED [ ] OTHER: ✓ County Attorney: Originating Dept: ✓Finance: (copies only): AGENDA REQUES' C+ ITEM NO. Consider authorizing the Florida Fish and Wildlife St. Lucie County Leisure DATE: November 23,1999 CONSENT [X ] REGULAR [ ] PUBLIC HEARING [ l Leg. [ ] Quasi -JD. [ ] PRESENTED . J is ewe u irector submittal of a grant application to the Conservation Commission on behalf of the Services and Mosquito Control District. On August 2, 1999, the County submitted a pre -proposal grant application to the Florida Fish and Wildlife Conservation Commission Environmental Education grant program for funds to produce educational signs. The $40,000 grant request will provide monies for indoor graphics at the Environmental Learning Center and outdoor graphics for the Savannas Recreation Area and Blind Creek coastal park. Since the granting agency requested that funded projects educate adults, businesses and children_ regarding economic and ecological values of conservation lands, the county's commitment will be to host twelve public awareness events on county conservation lands. The primary match includes: $4,000 of staff time to develop the graphics for the ELC; $2,000 of staff time to develop graphics for the Savannas; and $4,000 of staff time to plan and host twelve endangered lands programs. Additional match proposed from the Mosquito Control district for their Blind Creek Park - Sea Turtle Habitat Restoration totals $250,000. Although the Mosquito Control District has funds coming from United States Fish and Wildlife Service, South Florida Water Management District, and United States Department of Agriculture for restoration of this coastal park, this grant will provide funds for educational graphics that explain to the visitors the benefits of the native restoration activities. Thus, the only match from the County will be staff time to develop the graphics and host events while the rest of the funds come from other agencies. A total of $10,000 in in -kind services will be the total county commitment for this project. On July 27, 1999, Board approved the submittal of the pre -proposal application to Florida Fish and Wildlife Conservation Commission. Staff recommends that the Board authorize the submittal of a grant application to the Florida Fish and Wildlife Conservation Commission on behalf of the St. Lucie County Leisure Service. CONCURREN [ ] DENIED 6 Doug as derson County dministrator Coordination Si natur)e�s Mgt & Budget: Purchasing: ✓ Leisure services ✓Other: S A-1/a !! 10 �nlroP 11w 140 COUNTY COMMISSION REVIEW: November 23, 1999 DEPARTMENT OF COMMUNITY DEVELOPMENT Administration MEMORANDUM TO: Board of County Commissioners FROM: Julia Shewchuk, Community Development Director DATE: November 23, 1999 SUBJECT: Consider authorizing the submittal of a grant application to the Florida Fish and Wildlife Commission Advisory Council on Environmental Education on behalf of Leisure Services and Mosquito Control District. St. Lucie County's goal is to have professional graphics for the Environmental Learning Center and Savannas Recreation Area. Since Mosquito Control's goal is to have graphics for the Blind Creek Park Habitat Restoration Site, staff submitted a pre -proposal to the Florida Fish and Wildlife Conservation Commission (FFWCC) for grant funds for graphics at the ELC, Savannas and Blind Creek. The pre -proposal was submitted to FFWCC on August 2 and the county was asked to submit the full proposal on October 6, 1999. Since the full proposal deadline is November 30, staff request approval from the Board of County Commissioners to submit the full proposal. Although we will be notified of the grant award December 20, 1999, the contract will not be executed until March 15, 2000. All educational materials have to be completed by December 1, 2000 while the endangered lands awareness events can continue until the final report due date of May 30, 2001. If awarded, a total of $40,000 will be available to develop professional signage that will last a long time at the county parks. There are a few sign contractors in the United States that can produce signs that can maintain their colors and high quality appearance under severe outside conditions common to coastal environments. Staff has already been collecting information on the businesses that produce long-lasting graphics. The Environmental Lands Specialist and the new ELC Museum Superintendent will be responsible for developing the graphics and twelve public awareness programs for our county conservation lands. Mosquito Control District will be responsible for developing the language for the graphics for the Blind Creek Park - Sea Turtle Restoration project. Since this is a joint application between the Mosquito Control District and Leisure Services, staff will have to coordinate work products and invoices to the Commission. This partnership will also ensure that the graphics and awareness days share common themes for the public while promoting coordination between County departments. G7 1.i AGENDA REQUEST EST ITEM NO. DATE: November 23, 1999 CONSENT [ X ] REGULAR[ ] PUBLIC HEARING[ ] Leg. [ ] Quasi -JD. [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Community Development ommunity Development Dir. S BJE ,T: Approve submission of a request to the Conservation and Recreation Lands Program for the North Fork of the St. Lucie River Boundary Modification. The purpose of the modification is to extend the CARL boundary to include entire parcels. BACKGROUND* The NFSLR CARL project is a joint effort of the South Florida Water Management District, St. Lucie County's Environmentally Significant Lands program and the Conservation and Recreational Lands program to purchase the remaining lands along the NFSLR that contain native habitat. Acquisition of these lands has been hinder by the current configuration of the CARL boundaries which often bi-sect individual parcels. In these cases if a property owner is not willing to consider selling a portion of their parcel efforts to acquire the selected lands ceases. The current boundary configuration of the CARL project were based upon land use coverage rather than property ownership. This is often unrealistic as property owners may only consider selling the entire parcel. In these cases acquisition of lands with ecologically important features are prohibited. The proposed boundary modification will ensure that acquisition can move forward on all parcels within the NFSLR project boundary. FUNDS AVAILABLE: Not Applicable PREVIOUS ACTION: On December 12, 1996, the Commission authorized submission of the Conservation and Recreational Land application for the North Fork of the St. Lucie River project. RECOMMENDATION: Authorize staff, on the Boards behalf, to submit the North Fork of the St. Lucie River Boundary Modification request to the Conservatio and Recreational Lands Program. COMMISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: D gl M. Anderson Counfv Administrator Review and Approvals VCounty Attorney: Management & Budget: Purchasing: Originating Department: Other: Other: Finance: (Check for Copy only, if applicable) Proposed CARL Additions Proposed additions to current CARL boundary Shaded areas are Environmentally Significant Lands Community Development Geographic Information Systems N Map prepared November 17, 1999 This map ties been compiled for general planning and reference purposes only. te While every effort has been made to provide the most cu b nntdi nd document. information possible, it is not intended for use as a legally ng Scale:l" = 3000' *4W 1 g i AGEND RFOUE� ITEM NO. a" TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: DATE: November 23, 1999 CONSENT [ X ] REGULAR[ ] PUBLIC HEARING [ ] Leg. [ ] Quasi -JD. [ ] PRESENTED BY: % Tommunity Development Dir. ST TRH Submission of the Conservation and Recreation Lands Program request for a boundary modification to the Indian River Lagoon Blueway. The boundary modification requests addition of the proposed 70 acre Hobe Sound National Wildlife Refuge lands on South Hutchinson Island. BACK ED- TND: The U.S. Fish and Wildlife Service has targeted 70 acres on South Hutchinson Island as productive sea turtle nesting areas for the endangered green and threatened loggerhead sea turtle and has proposed their inclusion into the Hobe Sound National Wildlife Refuge. EUhTDS AVAIL. B ,F,: Not Applicable PREVIOUS A .TC ION: In 1992, the St. Lucie County Upland and Wetland Inventory identified the South Hutchinson Island lands as important natural areas in need of further protection. On December 15, 1998, the Board of County Commissioners Approved Resolution No. 98-204 Supporting the Expansion of the Hobe Sound Refuge which includes 70 acres in St. Lucie County. vErnMMENDATION: Approve submission of the Indian River Lagoon Blueway Boundary Modification to the Conservation and Recreational Lands Program requesting inclusion of the proposed 70 acre Hobe Sound National Wildlife Refuge addition located on South Hutchinson Island. [X] APPROVED [ ] DENIED [ ] OTHER: % County Attorney: - X Management & Budget: (M. Anderson Administrator Purchasing: originating Department: Finance: (Check for Copy only, if applicable) Other: Board of County Commission Review: 11/23/99 DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Board of Cou Co i sioners FROM: mmunity Development Director DATE: November 17, 1999 SUBJECT: Submission of the Indian River Lagoon Blueway Boundary Modification to the Conservation and Recreational Lands Program requesting the addition of 70 acres on South Hutchinson Island. The proposed addition to the Indian River Lagoon Blueway is part of local efforts to assist federal staff with their proposal to add 70 acres on South Hutchinson Island into the Hobe Sound National Wildlife Refuge (Exhibit A). The USFWS, Southeast Region, prepared the attached proposal requesting inclusion of 70 acre South Hutchinson Island tract into the Hobe Sound National Wildlife Refuge (Exhibit B). The USFWS proposal has been well received and is soon expected to receive final approval. The project will then be ranked with other proposed USFWS projects nationwide. Inclusion into the Indian River Lagoon Blueway will provide matching state funds and improve the projects ability to compete on a nationwide scale for funding. On December 15, 1998, the Board of County Commissioners approved Resolution 98-204 supporting the expansion of the Hobe Sound Wildlife Refuge (Exhibit C). Approval of this request will continue the Countys efforts to support federal efforts to expand the Hobe Sound National Wildlife Refuge by seeking matching state funds for the acquisition of 70 acres on South Hutchinson Island targeted for inclusion into the Refuge. The Indian River Lagoon Blueway project includes 5,136 acres within five counties along the Indian River Lagoon. Within St. Lucie County, the Blueway project includes 836 acres within 7 separate sites. Habitat coverage of the Blueway project lands range from marine tidal marsh and maritime hammock to coastal scrub. The proposed boundary modification seeks to add 70 acres of coastal maritime hammock, coastal strand and dune that occurs along a narrow two mile stretch with approximately two miles of frontage along the Indian River Lagoon and Atlantic Ocean (Exhibit D). Inclusion of the St. Lucie County lands into the Hobe Sound National Wildlife Refuge will fu ther multiple state, regional, and local coastal management and conservation goals, by providing public acquisition and management of natural areas that protect the coastal shoreline, link public areas, and protect habitat for endangered and threatened plant and animal species. If you have any questions please let us know. EXHIBIT A Blin , Creek ' Herman Bay ocean Bay Hobe Sound Y� National Wildlife Refuge Addition EXHIBIT A St. Lucie County Legend IMProposed for Acquisition M Public Lands Approved for Acquisition ■ Conservation Easements P-p- M.N M 0 0 i Doilrnan Tract tP00 1 •, rl Nettles Island Project 10B ``` 02/�/99 MON 16:21 FAX EXHIBIT B EXHIBIT B Q1oo2 Preliminary Project Proposal Expansion of Hobe Sound National Wildlife Refuge V.S. Fish a Wildlife Service Southeast Region Atlanta, Georgia December 1998 16003 0240/99 MON 16:21 FAX TABLE OF CONTENTS I. INTRODUCTION ............... 1 il. ........... LOCATION AND SIZE ................................. III. DESCRIPTION OF HABITAT ...................................... IV. MAJOR FISH AND WILDLIFE VALUES • • • • • . • • • • • .... " " " " 5 RELATIONSHIP OF PROJECT TO ECOSYSTEM MANAGEMENT 6 V. GOALS AND OBJECTIVES ................ • " " " VI. RELATED RESOURCES ........ ... .................... . 8 V11. THREATS .... . .................. . ............. VII. PROPOSAL OBJECTIVES AND FUNDING. • • • • • • • .. . ...... 9 OWNERSHIP AND TYPE OF ACQUISITION ..... • • • • • • . IX. X_ COSTS ............. INITIAL AND ANNUAL• • .. • • • .......... ' 10 CONTAMINANTS AND HAZARDOUS WASTE ........................ ............ 10 XI. XII. .......... PUBLIC ATTITUDES AND INVOLVEMENT .................... .. 10 XIII. SPECIAL CONSIDERATIONS . • • • • . .......... .... 11 XIV. LITERATURE CITED ................ . .................... . Z 004 02/,8d/99 NJON 16:22 FAX i I, 'INTRODUCTION 0 The U.S. Fish and Wildlife Service (Service), Southeast Region, proposes to protect and manage additional habitat atobTfSound P sed additiolnf contains s in St. Lucie and Martin Counties, Florida. important habitat for threatened and endangered species and other wildlife. Hobe Sound NWR was established in 1969 anpresently habitadest.�9l6e Primary aes of coastal sand dunes, mangrove and sandpine-scrub objective of the refuge is to maintain habitat ck, green and threatened loggerhead nesting areas of the endangered Ieatherba sea turtles. 11. LOCATION AND. SIZE The Hobe Sound NWR is located 20 miles north of West Palm Beach. The proposed addition consist of four areas near the refuge. Area 1 (4 acres) and Area 2 (65 acres) are adjacent Hobe Sound NWR (Figures 1). Area 3 is about 70 acres in size and located on Hutchinson Island about 20 miles north of the refuge (Figure 2). Area four (10 acres) a is to s areas 45 miles 49 acres. bout north of the refuge near Vero Beach (Figure 3). These four III. DESCRIPTION OF HABITAT Area 1 consists of coastal sand dune habitat and associated vegetation along the Atlantic Ocean. Currently, this property is passively managed. Vegetation is sparsely scattered, with relative few native species remaining. non-native plants threatening to replace th Standing on the property are two concrete pillars and several yards of broken -up concrete slabs. This concrete is located just over the dune line where endangered and threatened sea turtles often nest. Area 2 consists of sand pine -scrub habitat 'th a Currentlyre stand of overstory sand this property is passively pine trees and an understory of scrub -oaks. managed. Area 3 consists of a narrow strip of beachfront uplands on Hutchinson Island with two miles of Atlantic Ocean coastline. The project area starts at the mean high water line and extends west to the shoreline of the Indian R ver g era) and Hi Highway AlA transects the two mile length of the property. T A is about gen distance between the sand dunes on the property Highway 200 feet, and the distance between Highway Al and the Indian River Lagoon 02408/99 MON 16:22 FAX u N Figure 1. Project areas 1 and 2, proposed expansion areas of Hobe Sound National Wildi'rfe Refuge, Florida. p 1 Miles Figure 1 �/� proposed expansion areas N W E S Lin 02/08/99 MON 16:ZZ FAX �- Figure 2. Prpject Area 3, proposed expansion area of Hobe Sound National Wildlife Refuge, Florida. ---•mot_---•-- : ; :� 71 L;A � _.•�` • \i 9 `�,�:, � \ '� ' ',.�-. �� `, • yap �. `\!.',`� �[:��r—s`2. �.� .�_ ' ' • � .'fig t fit; �J'•', ,.: �' , Poject Area 3 = 1_ 1, �+r :•, , ::_ f' '_"''� �';� ���� � ._.� `�:• '> � ~� �• �.��-�\ `�'�.�• ._ ✓r, jam. 1 ~� y :��1 � l:r:-� - � �\:..'inn,` . 1 '-�• �+,•�s�•�• i .��w- _Mr.,�' � .• i ,,,yam,: r•?e.�•- , � �• Mt" c=-,.��,: ,: ,\. -• mot• �s.�n ori-*;-.':',c.. : •:F•. sue. • • -� _ , � `�,.�•: =�� � 'ice\� _ '.... !- caved G.wlas p 2 3 Miles N yy E s Figure 2 �/� proposed expansion areas U2/08/88 DiUN 16:43 fAX C*t,, C,rr Figure 3. Project Area 4, proposed expansion area of Hobe Sound National Wildlife Refuge, Florida. 1 p 1 Miles Figure 3 proposed expansion areas UL/Utl/!!b nuh JU: Z3 rAY ow,,; 1 is about 25 feet. The beach dune contains a narrow bands d sawea ats palmettoPted by stretches of Other prominent strand vegetation, such as sea grape species include beach sunflower, beach conaains seaer, and saw palmetto and paspalum. Beyond the beach dune, the coastal strandgumbo Spanish bayonet. Tropical species include Spanish stopper, blolly, community is the maritime hammock limbo, and wild lime. The next plant t and gumbo limbo. A dense infestation by Virginia live oak, red y, of the exotic Brazilian pepper and a scattering of Australian pines is also present. _Area consists of sand pine -scrub habitat with an overstory of sand pine trees and an understory of scrub -oaks.. The federally es know ntocered containant thisLendla's mint angered occurs on the area. This is one of six plant. , IV. MAJOR WILDLIFE VALUES The Hobe Sound NWR and the proposed additions provide habitat and protection to 8 plant and animal species listed as federally threatened or endangered. Also, brown pelicans, hand the Intracoastal waterway. od storks, ospreys, and a ariety of W ding shorebirds are abundant along the beach birds, such as little blue herons, snowy egrets, and tricolored herons feed in the mangrove swamps. White tailed deer, raccoon, fox, bobcat, the eastern indigo snake and scrub lizard also live on the refuge. Areas 1 and 2 Areas 1 and 2 provide habitat for the federally endangered four -petal pawpaw, wood stork, green sea turtle, and leatherback sea turtle. Federally threatened species include the Florida scrub -jay, piping plover, eastern indigo snake and loggerhead sea turtle. Area 3 Hutchinson Island is a critically important nesting area for the federally threatened loggerhead sea turtle and provides nesting habitat for the endangered green and leatherback sea turtles as well. From a global perspective, the southeastern U.S. nesting aggregation of loggerhead sea turtles is of paramount importance to the survival of the species. About 80 percent of loggerhead nesting in the southeastern U.S. occurs along the south Atlantic Coast of Florida where Hutchinson Island is located. The Florida green turtle nesting aggregation is recognized as a regionally significant colony. The majority of green turtle nesting in Florida also occurs its south Atlantic Coast. Although the Florida leatherback nesting aggregation 02/08/99 NUN 16:ZJ t'AX (� WJ009 V. VI. for the only regular nesting by this spacies in the tapart cal iularly inted tSt. Nesting in Florida is concentrated along the southeast coast Lucie, Martin, and Palm Beach Counties.and 1998 for two mile segment of e turtle nesting figures for the three year period between 1995 erhead, 31 green and 3 coastline . proposed for acquisition are 987 log9 leatherback nests. Area 4 Area 4 provides habitat for an endangered plant Highway kellmin the Because other wildlife dl fe of the small size of the tract and location next to U.S. values are minimal. RELATIONSHIP OF PROJECT TO ECOSYSTEM MANAGEMENT GOALS AND OBJECTIVES The project area is located within the Fish and Wildlife Service's South Florida Ecosystem. The South Florida Ecosystem Plan highlights the importance of the beaches to sea turtles. One of thePlan objectives "Prevent and the nt further decline of candidate, threatened, and endangered species, prevent degradation of their habitats." A strategy under this objective states "Utilize federal authorities and coordinate with other agencies and landowners to prevent the decline of candidate, threatened, and endangered species and loss of their habitats. Initiate protective measures Ana herch astra strategy statesconservation 'Imp ,Implement easements, and fee title acquisition." approved recovery plan actions for threatened andd ngereed ate tlal speciesate the status .ff Tasks in the loggerhead and the green turtle recovery plans of high density nesting beaches on Hutchinson Island, Florida, and develop a plan to ensure its long-term protection." Narratives under these tasks urge the Service to evaluate threlongtingbeach and m protection. take appropriate measures, including acquisition, to ensure RELATED RESOURCES of The proposed addition on Hutchinson aboand is about 25 miles ut miles south of Archie Carr National Hobe Sound National Wildlife Refuge and Wildlife Refuge, which also provide nesting 'tatfor sea turtles. The proposed the Service's sea turtle program addition will therefore compliment and enhance along the Atlantic Coast. Also,NRis located Jona Jonathan k nson 5 miles south of the project areas. The State of Florida manages State Park just south of the Hobe Sound NWR. The expansion nl�elat on cation �otothe he �refugesbe rin National Wildlife Refuge and proposed ex P Florida is shown in Figure 4. IQ 010 02/08/99 HUN 18:24 FAX w 02/08/99 MON 16:24 FAX 1 r11/� St. Lucie County has been active in acquiring undeveloped properties on Hutchinson Island through its bE involved iln acquisition !cant Lands of propertges on the ram, and the State of Florida has also been barrier island through its Conservation c Recreation es and 6.5 miles oceanfront. The s program. These properties currently include about ,500 a Florida Power and 1_ight Company has 650 acres and 2.5 miles of oceanfront land north of the project area. All of thesefront cluded on Luci are protected County's for nesting sea turtles. Also, Project Area 3 is included proposed land acquisition list. V11. THREATS Areas 1 and 2 are not threatened with iNaure (opment. However, their ownership Conservancy does not provide the by the U.S. Coast Guard and The Nature management oversite needed for long-term protection of the wildlife habitats. the Area 3 is undeveloped. Except for 7 acres uildinned t�of 35 merciafeet. If devJelopment ect lands are zoned residential with a maximum 9 height should proceed in the future, it could eventually result in sea walls, rip -rap, or other measures to protect property. This coastal armoring can hinder sea turtles attempting to reach nesting sites. These structures could result in an increase in false crawls, where female turtles return to the water without nesting. They also could cause a permanent loss of nesting beach through accelerated erosion and the prevention of natural beach accretion. Nests deposited seaward of armoring structures may be inundated at high tide or washed out entirely by increased wave action near the structures. Also, as these structures age and ultimately fail, they spread debris on the beach which may impede access to suitable sites and trap both hatchlings and adults. Another consequence of development is the addition of artificial lighting. Artificial lighting has been demonstrated to be detrimental to sea s move toward in a number of ways. Under natural conditions, turtle g bright light brightest, most open horizon (which is toward the ocean). However, ng 9 sources on or near the beach can hdeshlings in the wrong ccat on and exhaustidonireCThis making them more vulnerable to predation, lighting impact may be reduced by the residential zoning ordinance. Current deterrents to development: 1. Narrowness of project area and thret of storm aeat to the project lands.,th the rise in ocean levels, this may be the greatest th 2. Area is included under the Coastal permits are required for development and Federal Flood Insurance is unavailable. Though private insurance is available from a few companies such as Lloyds of 0 012 02/08/88 MOO 16: 24 FAX /� / `r11� � l London, the cost may be impractical. 3. Coastal Construction Control Line (CCCL) ---- state zoning to preclude development on coastal sand dunes. There are two CCCL delineations in the project area. An old CCCL and a new CCCL. The upland width between the old line and Highway Al A is about 200 feet, and the width between the new line and Highway Al is about 50 feet for over 75% of the two mile length of the project area. Generally, there is inadequate space for development under the new CCCL delineation, but variances have been granted for construction back to the old CCCL line on many areas throughout the State. 4. A nuclear power plant is located near the northern boundary of the project area. Area 4 is adjacent to U.S. Highway 1 and will likely be commercially developed if not acquired by a conservation agency. Vill. PROPOSAL OBJECTIVES AND FUNDING If the Service acquires these properties, it would effectively enhance the habitat to attract native plants and animals. Targeted species would include such endangered species as Lakela's mint, leatherback and green sea turtles, and such threatened species as four -petal pawpaws, wood storks, Florida scrub -jays, piping plovers, loggerhead sea turtles and eastern indigo snakes. The refuge would restore the foredune to match the surrounding natural ecosystem by clearing exotic vegetation and planting native species. From the backdune, invasive non-native plants would be removed to facilitate the regeneration of natural vegetation. The broken concrete slabs, currently acting as beach armorment on the U.S. Coast Guard tract, would be removed to increase the likelihood of successful sea turtle nesting. Areas I and 2 would be acquired through a no -cost transfer. Funding for acquisition of Area 3 and Area 4 would be sought through the Land and Water Conservation Fund, as authorized by the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543). The Land Acquisition Priority System (LAPS) profile for this proposed addition is provided in Appendix A. IX. OWNERSHIP AND TYPE OF ACQUISITION Area 1 is owned by the U.S. Coast Guard and would be acquired by transfer. Most of Area 2 is owned by The Nature Conservancy and would be acquired by donation. An undeveloped'/2 acre private inholding is included in this proposed lQ 013 02/08/99 MON 16:25 FAX 11 ( 1104we , 490 addition. Area 3 has five private landowners and would be acquired in fee -title. Area 4 is privately owned and would be acquired in fee -title. X. INITIAL AND ANNUAL COSTS The proposed acquisition of Areas 1 and 2 involves a no -cost land transfer. No additional funds for operation and maintenance will be needed. The land acquisition costs for Area 3 would be based on fair market value as determined by an appraisal. The estimated cost of the 70 acre addition would be approximately$6.5 million. Costs to restore the habitat is estimated to be approximately $ 300,000. Annual cost of administering the additional lands would be $90,000. The land acquisition costs for Area 4 would be based on fair market value as determined by an appraisal. The estimated costs of the 10 acre addition would be approximately $100,000. XI. CONTAMINANTS AND HAZARDOUS WASTES A reconnaissance of the acquisition areas revealed no evidence of present or past contamination problems. A Level 1 contaminant survey will be conducted prior to land acquisition by the Service. XII. PUBLIC ATTITUDES AND INVOLVEMENT There is no known opposition to the proposed land transfer of Areas 1 and 2 to the Service. There is good support for Area 3 from conservation groups and state and local governments. The County of St. Lucie and the State of Florida have expressed interest in the Fish and Wildlife Service becoming a partner in the acquisition and conservation of this important barrier island ecosystem. The general public also appears to be very supportive of conservation efforts for the barrier island ecosystem, and, in particular, the sea turtles nesting there. St. Lucie County has also indicated an interest in developing a partnership for the acquisition and conservation of Area 4. The refuge anticipates positive support from the public. UO/VU MU1V 10; GJ rAA ( XII1. SPECIAL CONSIDERATIONS The proposed project area has been reviewed and considered for inclusion in the National Wilderness Preservation as found not tong to criteria set be suitable for wildern ss h in the Wilderness Act of 1964. I designation. The proposed expansion is not affected by any low-level military flights or military training activities. In addition, there are no known Native American trust resources. In acquiring these lands, the Service will seek concurrent law enforcement jurisdiction over the area. XIV. LITERATURE CITED Meylan, A., B. Schroeder, and A. Mosier. 1995. Sea turtle nesting activity in the State of Florida 1979-1992. Florida Marine Research Publications Number 52, St. Petersburg, FL. 51pp. - National Marine Fisheries Service and U.S. Fish and Wildlife Service. - 19912. Recovery plan for U.S. population of Atlantic green turtle (Chelonia mydas). National Marine Fisheries Service, Washington, D_C_ 52pp. National Marine Fisheries Service and U.S. Fish and Wildlife Service. 1991 b. Recovery plan for U.S. population of loggerhead turtle (Caretta caretta). National Marine Fisheries Service, Washington, D.C. 64pp. National Marine Fisheries Service and U.S. Fish and Wildlife Service. 1992. Recovery plan for leatherback turtles (Dermochelys coriacea) in the U.S. Caribbean, Atlantic, and Gulf of Mexico- National Marine Fisheries Service, Washington, D.C. 65pp. Witherington, B.E. 1992. Behavioral responses of nesting sea turtles to artificial lighting. Herpetologica 48:31-39. Ul. 1...W 1.+16r UUlAII IJ _ Uile Number:160 7208GORl� rl- 1_1_9 3 PAGE 2802 _IIBIT C - recorded: 12-30-98 10:57 A.r✓ EXHIBIT C C-oO 1 RESOLUTION NO. 98 - 204 2 .3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF S . 4 LUCIE COUNTY, FLORIDA, UNATOIONAL WILDLIFE FE REFUGERTING THE PROPOSED XPANSION OF 5 HOBE SOUND 6 7 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has 8 made the following determinations: 9 10 1. On January 9, 1990, St. Lucie County adopted the St. Lucie County 11 Comprehensive Plan through Ordinance 91-01; and 12 13 2. The St. Lucie County Comprehensive Plan contains objectives and 14 polices which protect coastal area resources, including coastal dunes, 15 beach shorelines and sea turtle nesting areas; and 16 1.7 3. The County has adopted policies and regulations which protect the 18 habitat of sea turtle nesting areas of the endangered leatherback, 19 green and threatened loggerhead sea turtles to assist in implementing 20 Federal and State laws regarding the protection of sea turtles; and 21 22 4. The County has utilized available measures such as conservation 23 zoning, fee simple acquisition, and adoption of a Sea Turtle Protection 24 Ordinance to protect habitat for sea turtle nesting areas; and 25 26 5. re July 12, he mportance of connecting 4, the County natural ed Resolution areas on Hutchinson 27 recognized p 28 Island and supported the creation of the "Indian River Lagoon 29 Greenway", to protect native vegetative communities which provide 30 habitat for endangered, threatened or species of special concern; and 31 32 6. On November 14, 1995, the Florida Greenways Commission 33 recognized the Lower Indian River Lagoon Coastal Greenway as a 34 "Florida Greenway". 35 36 7. In Apol, 1993, the Florida Natural Areas Inventory "An Assessment of 3.7- Florida's Remaining Coastal Upland Natural Communities: Southeast 38 Florida identified "Herman's Bay" as one of 38 significant natural 39 areas remaining in private ownership in Southeast Florida; and 40 41 8. The U.S. Fish and Wildlife Service, Southeast Region, has proposed 42 expansion of the Hobe Sound National Wildlife Refuge for funding 43 under the Land and Water Conservation Fund, as authorized by the 44 Endangered Species Act of 1973, to protect and manage some of the 45 most productive nesting areas of the endangered leatherback, green 46 and threatened loggerhead sea turtles; and Se BOOK 11I_93 PAGE 28�7 2 4 5 6 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 9. St. Lucie County intends to continue to work toward protectirJg declining vegetative communities that provide habitat for endangered and threatened species by supporting the public acquisition of natural areas on Hutchinson Island that prevent the further loss of coastal marine resources; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissio St. Lucie County, Florida: A. St. Lucie County recognizes the value of providing for the protection of coastal habitat andving marine atinal Wildlife rRefugees and supports the on South Hutchinson proposed Hobe Sound No Island to implement the loggerhead and green turtle recovery plan; B. The County shall continue to coordinate with appropriate federal, state and regional agencies to protect sea turtle nesting areas through the acquisition and proper management of preservation and recreation areas on North and South Hutchinson Island. After motion and second, the vote on this resolution was as follows: Chairman Paula Lewis AYE Vice -Chairman John Bruhn AYE Commissioner Cliff Barnes AYE Commissioner Frannie Hutchinson AYE - Commissioner Doug Coward AYE PASSED AND DULY ADOPTED this 15th day of December, 1998. ATTEST: CLERK Resolution No. 204 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY - 4Chan APPR VED AS TO F M AND COUNTY A Page 2 cm Exhibit D Indian River Lagoon Blueway Boundary Modification St. Lucie County Introduction The Indian River Lagoon Blueway boundary modification encompasses a 2 mile long corridor stretching from the Atlantic Ocean to the Indian River Lagoon on South Hutchinson Island in St. Lucie County (Exhibit A). The purpose of this proposal is to assist multi -agency, efforts to maintain and improve the natural communities of the Indian River Lagoon andands identified':- as nationally significant Sea Turtle nesting areas. This modification includes 74 acres proposed* for inclusion into the Hobe Sound Wildlife Refuge by the U S Fish, and Wildlife Serve (Exhibit B). The 70 acres include 14 tax parcels, consistmg'offodrproperty owners Location South Hutchinson Island, St. Lucie County. Consistency with Criteria for Consideration of Proposed Boundary; Mo(Hncanon The proposed expansion of Indian River Lagoon Bluewayproject is consistent with the boundary modification requirements set forth by the 'Land. Acquisition and Management Advisory Council. The proposed addition meets criterion 5(a) that the proposed addition be less than 10% of the size of the existing project boundary.. Total CARL Blueway Acreage - 5,136 , Acres Proposod for Addition 1.3�6% of Total Blueway Acres F� ; CARL Blueway acreage within St Lucie County - 836 Acres Proposed, for Addition = 70 acres.(8.37% of SLC Blueway Acres) Summary of Significance; This proposal, will add approximatelytwo miles of shoreline along the Indian River Lagoon and Atlantic Ocean consisting'of ,maritime hammock, coastal strand and dune communities. Inclusion of the project lands will further Florida Natural Areas Inventory recommendations made as a result of the l"O study entitled "An Assessment of Florida's Remaining Coastal Upland Natural Communities: Southeast Florida". The study identified the subject lands "Herman's Bay" as one of 38 significant natural areas remaining in private ownership and imnoriant to the preservation of the character of the original southeast Florida coast. The "proposed'�addition also furthers cooperative efforts between federal, state and local agencies to preserve and protect declining native habitats on Hutchinson Island in St. Lucie County. Currently, over 51% (2,347 acres) of South Hutchinson Island are either publicly owned or have conservation easements. This boundary modification will protect a narrow strip of land with an average width of approximately 200 feet. Any development of the subject lands would have detrimental effects on the adjacent aquatic plant and marine life including, Halophila johnsond seagrass, and some of the most productive nesting areas of the endangered leatherback, green `► Project Description This project aims to protect two miles of beach and lagoon shoreline on South Hutchinson Island. The proposed acquisition area totals 70 acres and if acquired would be administered as a separate unit of the Hobe Sound NWR. The two mile length of the property is a narrow strip of land bisected by Highway AIA. The average distance between the Indian River Lagoon and Highway AlA is about 25 feet wide, the distance between the parcels sand dunes and Highway AlA is about 200 feet. The upland width between the 1978 CCCL line and Highway AlA is about 200, and the width between the 1988 line and Highway AlA is about 50 feet for over 75% of the two mile length of the project area. Generally, there is inadequate space for development under the new CCCL delineation, but variances have been granted for construction back to the old CCCL line in St. Lucie County. n The U.S. Fish and Wildlife Service has determined the area provides a critically portant nesting area for the loggerhead sea turtle and nesting habitat for green an€t leatherback sea tuOes�as well. About 80 percent of loggerhead nesting in the southeastern U S. occurs along the south Atlantic Coast of Florida where Hutchinson Island is located. Nesting m Florida is concentrated along the southeast coast, particularly in St. Lucie, Martin and, Palm Beach; Counties. The average turtle nesting figures for the three year period between 1995 and 199,8 for,.the two mile segment of coastline proposed for acquisition are 9871oggerhead, 31 green and 3 .leatherback nests. Access Provisions No additional access points are proposed on lands proposed for addition. Public access to the beach is available at Herman's Bay access point which is maintainc`4by St. Lucie County. A second public access point will be available at Ocean Bay Preserve, an FCT 1.prof ect adj acent to the proposals north boundary. Archeological and Historical Significance According to the Florida1Vlaster Site File no archeological sites are recorded within the proposed project area.. This lack of recorded sites is not considered significant because the area has never been subject to a systernatic, professional 'survey to locate such sites. In 1997, the President of the Southeast Florida Archaeological Society`alerted St. Lucie County to the existence of a prehistoric archaeological, sit6"that maybe listed on the Florida Master Site File (Exhibit Q. It is located two - tenth of a mile north of the Normandy Beach access point, which is encompassed by the proposed project..,Members of the Society, found a black dirt midden with sand tempered plain pottery sherds on the surface and within themound. Pottery of this kind is generic to the period of 500 B.C. to the early 1600s and the arrival of the Europeans. Biological Survey The beach dune contains a low, narrow ledge of sea oats interrupted by stretches of strand vegetation, such as sea grape and saw palmetto. Beyond the beach dune, the coastal strand contains sea grape and"saw palmetto. Moving west, the next plant community is maritime hammock. The maritime hammock is dominated by very large trees of Virginia live oak, redbay, gumbo limbo, sea grape, strangler fig, and cabbage palm. The understory is sparse, consisting of scattered saw November 17, 1999 Subject: NFSLR Boundary Modification Page 2 Hobe Sound NWR Addition palmetto, white stopper, indigoberry, marlberry, Spanish stopper, and wild lime. Scattered Australian pines and Brazilian pepper have invaded the disturbed areas. Recreation Potential The projects location on the Atlantic Ocean and the Indian River Lagoon provides potential for boating. fishiniz, trails and beach activities. November 17, 1999 Subject: NFSLR Boundary Modification Page 3 Hobe Sound NWR Addition En TO: BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST pil-oO4 ITEM NO. C - 9 DATE: 11/23/99 CONSENT [X] REGULAR [ ] PUBLIC HEARING [ ] PRESENTED BY: SUBMITTED BY (DEPT): Leisure Services Michael Leeds Department Head SUBJECT: Recreation Design & Construction, Inc. - Contract BACKGROUND: On May 11, 1999, the Board of County commissioners approved to piggyback off the Broward County Bid to complete the UFF Beach Projects. Then September 10, 1999, a work shop was held with the BOCC involving Capital Projects within Leisure Services. At that meeting the BOCC consolidated the beach funds and recommended the scope of services !ae expanded at three parks, Pepper Park, Frederick Douglas Memorial Park and Walton Rocks. Three more areas were added North Causeway Island, Ocean Bay and Dollman Beach Park because of the similarity of work to be performed. FUNDS AVAIL.: 316.7240.599330 Project Reserves, Pepper Park #7621, Frederick douglas Memorial #7645, Walton Rocks #7641, North Causeway Island #7623, Ocean Bay #7646; 001232.7240.563000.7958 and 316.7240.599330.7958 and 305 Beach Bond for Dollman Beach Park. PREVIOUS ACTION: Piggyback approval on May 11, 1999 and Capital Workshop on September 10, 1999. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the contract with Recreational Design & Construction, Inc. and authorize the Chairman to sign the contract. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ X] OTHER: Pulled prior to meeting County Attorney: originating Dept K Finance: (copies only): CONCURRE DoXglp's Anderson County Administrator Coordination/Signatures Mgt & Budget: other: Purchasing: other: EFF. 11/4/93 CONTRACT THIS CONTRACT, made this day of 1999, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "COUNTY", and RECREATIONAL DESIGDT & CONSTRUCTION, INC. a Florida Corporation, or his, its or their successors, executors, administrators, and assigns hereinafter called the ,CONTPACTOR" in conjunction with an Agreement between BROWARD COUNTY and RECREATIONAL DESIGN & CONSTRUCTION, INC., for Design/Build Services for Accessability Comoliance and Miscellaneous Small Projects at Various Park Sites (the "Broward County Agreement"). WITNESSETH: WHEREAS, pursuant to due procedures of law, bids were received by the Broward County Board of County Commissioners for the performance of work and supplying materials, etc., as described below; and WHEREAS, the Broward County Board of County Commissioners considered the bids, and determined that the bid of the Contractor was the best and most desirable bid submitted, and awarded the a contract to the Contractor; and WHEREAS, to the St. Lucie County Purchasing Policy, the County is authorized to purchase services from the Contractor under the same terms and conditions as the Broward County Agreement,. NOW THEREFORE in consideration of the mutual covenants and obligations set forth below, the County and the Contractor agree to be bound by the terms and provisions of the Broward County Agreement, which is attached hereto and made a part hereof except as modified by the attached addendum. M-W M IN WITNESS WHEREOF, the County has hereunto subscribed and the Contractor has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: CLERK ATTEST: SECRETARY BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: -2- COUNTY ATTORNEY RECREA N D AND CONST T N, BY: PRESI ENT (SEAL) Print Name �'i �JGjJ f/'''S C4�0 On En V, 1. General Modifications to the Broward County Agreement 1.1 In the event of a conflict between the terms and provisions of the Broward County Agreement and this Addendum, the terms and provisions of the Addendum shall govern. 1.2 All references in the Broward County Agreement to "Broward County", the "County", the "County Commission" or any similar reference to Broward County shall be read to mean "St. Lucie County", the "County", or the "County Commission", as the reference dictates or unless the context clearly indicates that existing references remain unchanged. 1.3 Those terms and provisions of the Broward County Agreement required because of existing Broward County ordinances are deleted as more specifically set forth in Section 2 below. f 2. Specific modifications to the Broward County Agreement The following terms and provisions of the Broward County Agreement are modified as f11 ollows: Section 2.4 is deleted and the following language is substituted: CY�TTNT'y,S CONTRACT ADMINISTRATOR: The Leisure Services Director or designee. Section 2.12 is deleted. Section 2.16 is deleted and the following language is substituted: ZROJE - Design/Build Services by FIRM as set forth in the attached Scope of Work. Section 2.18 is deleted. Section 2.19 is deleted. Section 2.26 is deleted in its entirety and the following language is substituted: -1- M on WORK A MRIZATION: Means the work authorized by this Agreement as set forth in the attached Scope of Work. Section 3.2 is deleted. Section 3.4 shall remain unchanged, the provision of Paragraph 1.2 of this Addendum notwithstanding. Section 3.5 is deleted and the following is substituted: Negotiations pertaining to the services to be performed by the FIRM were u= ertaken by the FIRM and duly authorized COUNTY staff. Add a new Section 5.6 which reads: This Article shall be supplemented by a separate attachment entitled "Scope of Work". Sections 6.1, 6.2 and 6.3 are deleted. y_- Section 6.4, first sentence, is amended to read: The Project shall be substantially completed by FIRM as set forth in the "Scope of Work" ; described in Section 5.6, above. Section 6.4 is amended to delete the parenthetical phrase "(Apply to each increment)". Section 7.1 is amended to delete the words "accessibility compliance and miscellaneous small projects az various park sites" and substitute the words "the Project". Section 8.1 is amended to delete the words "for each segment of the Work" in the fourth line. Section 8.1.1 is deleted and the following language is substituted: The maximum not to exceed sum to be paid by COUNTY to FIRM under this Agreement is one million eighteen thousand one hundred thirty and no/100 dollars ($1,018,130.00) as further described in the "Scope of Work". It is understood that FIRM shall perform all services set forth in this Agreement for no more than the total compensation amount set forth in this Section, except as allowed under Article 9 of this Agreement. -2- N00 CM _,Section 12_1 is amended to replace the word "each" with the word "the" in the first sentence. Article 41 is deleted in its entirety. Section 42.1.2 is deleted and the following language substituted: The Bonds shall be in the amount of the maximum price set forth in Section 8.1.1 guaranteeing to COUNTY the completion and performance of the work authorized under the Work authorization as well as full payment of all suppliers, materialmen, laborers, or subcontractors employed pursuant to this Project. Such Bonds shall be with a surety company which is qualified pursuant to Section 42.3, Qualifications of Surety. The Bonds shall be maintained as acceptable trough the duration of this Agreement. Section 42.5.1 is amended to state that the limits of liability under this section shall be $1,000,000. Section 42.5.--- is amended to state that zhe limits of liability under this section shall be $2,000,000. Section 42.5.1 is amended to state that the limits of liability under this section shall be $1,000,000 Section 42.5.5 is deleted. Section 43.5 is deleted. Section 43.8.2 is deleted. Section 43.12 is amended to read: FOR THE r'O=Y : St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 WITH A COPY TO -' - St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 C:\JWL\AGREE\REC.XM -3- St. Lucie County Leisure Services Director 2300 Virginia Avenue Fort Pierce, Florida 34982 en v O. ' pq cD co 3 o. O , C `< n CD CD 0 CD O y apt X «3 n co CD UQ CD CD CD oo CD -�-�� -�CDcn o0 CA 0 -4 O y � `' X. O O CD r C= CLOD w CD 0 CDN CD r "t W tz En T ~ _ CD p (D ► +� ¢ to Cy O to '' CD O CD C' ✓ O cn C7' -� O CDEn CD CD 0 W CD CD En En Vj W O CD � En En y O O y J -. `Wi ^Jr CD (�D — CD CD vi .. CD p' CD CD CD � C CD CD J �I O 69 b4 br4 C\ ( ✓� ar ^ O � CN O O G O C O O O r; C: C; r O r y T N _ f ,� po .—. 00 O n Cl Oo C c (, y (n y En N En c i T r. > CD—rr C O - r � A� C � X CD CD CD ►-h O CD CD a�)-- AGENDA REQUEST ITEM NO DATE:11/23/99 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Airport Paul Phillips SUBJECT: Consider staff s request to terminate the Lease Agreement between the St. Lucie County Cowboy Club, Inc. and the Board of County Commissioners for the "Cowboy Club Arena" located at St. Lucie International Airport. BACKGROUND: The Cowboy Club Arena located on St. Lucie County International Airport property has suffered from neglect and is in a state of disrepair. Since the Arena is located on Airport property, the liability associated with its dilapidated condition is of grave concern. According to the original lease agreement, the Cowboy Club is responsible for maintenance of the buildings and other Arena improvements, specifically, it is the Cowboy Club's responsibility to keep the Arena in good condition and in a good state of repair at all times. iscuss the condition of the arena. The Airport has met with St. Lucie County tViolation, the Arenadand surrounding property are not As you can see from the attached Notice o in good condition and are in a bad state the v�n'th the Cowboy Club be by public, it is the Airport's recommendation that the Lease Agreement terminated. This will allow the Airport to enter the property and make the repairs necessary to keep the Arena open. FUNDS AVAILABLE IN ACCT#: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the the Sty. Lucie County Cd of County owboy Club, Inc. and the ssioners approve the request to terminate the Lease Agreement between Board of County Commissioners for the "Cowboy Club Arena" located at St. Lucie International Airport. COMMISSION ACTION: 7tL=:�- bdAPPROVED [ ]DENIED [ ]OTHER: Reviews & Approvals County Attorney: OMB Purchasing Originating DeptA Other: Other: Finance:(Check fpy only, if applicable) _ W � t t Y ;- Ii1. tom! i i t! " %# -wit x MW ��.,,/ • � � '��"1' . fir. / ,� --. t� � - *+ t�� _ .. F "�::•,y�yfr. i 1 CJ RECEIVED NOV � 3 199 JG\C COG AIRPORT UCIE COUNTY, FLORIDA 4 DEPARTMENT OF COMMUNITY DEVELOPMERf 'c�OR10Q' Administration TO: CoLuoty Admini tor� ram. FROM: Jul' ShewchUk, Community Development Director DATE: November 15,1999 SUBJECT: Cowboy Club Arena Relocation - Regional Equestrian/ Livestock Facility On November 10, a strategic planning meeting was held with representatives from the Fair Association, Leisure Services, Public Works, Airport, Utilities, 4-H, and Community Development to discuss the present unsafe conditions at the existing Cowboy Club arena located on St. Lucie County Airport property, and to discuss a temporary and permanent solution for the facility. St. Lucie County has a large demand for an equestrian facility for local and regional 4-H and other equestrian and livestock groups. The County does not have another equestrian/ livestock facility in the County. The following consensus was reached: 1)The lease with the Cowboy Club should be terminated as soon as possible. The County Leisure Services Department will take over temporary maintenance of the arena and scheduling of events at the arena. Equestrian/ livestock events for the 4-H Clubs and the Cowboy Club that were scheduled by the date that the termination of lease becomes effective will be honored. All other non -local and/or non-scheduled events will require permitting through Leisure Services, and will have to pay for appropriate security, licenses, and insurance. 2)The Airport will remove as soon as possible all unsafe structures such as bleachers, metal roofs, and will remove all unsafe wiring and electric equipment. The power has already been shut off by FPUA. 3) A power pole will be installed by a licensed electrician with the appropriate permit to provide electricity for the speed event timers and PA system only. No electricity for lights or water will be available. 4) While maintaining temporary function of the existing arena, plans and actions will be pursued to establish a new equestrian arena at the new fairgrounds location on Midway Rd/ Okeechobee Rd.. 5)On Wednesday, 11/17/99, we will meet again to conceptually locate the arena at the new Fairgrounds and determine dimensions as well as costs of materials. Public Works will then remove vegetation, and upon Board approval, will provide access via a shell rock road. Utilities will assist in providing a public water system, which can be relocated from the Ag Center, as they are being hooked up to central water. We will try to find a local well drilling service to donate drilling a shallow water well. Security concerns may be addressed through an on -site live-in security mobile home. 6) Funds: local users of the arena will be doing fund-raising to find donations for the materials. The county's grants writer and the county's Extension Office will research and pursue grants that would aide in the establishment of a first class regional equestrian/ livestock center at the new Fairgrounds. En 0 Page 2 November 15, 1999 We will keep you informed on the process. Please let me know if you have any questions or suggestions for a successful completion of this project. Co: County commission County Attorney Asst. County Administrator Ray Wazny Mike Leeds Paul Phillips Bill Blazak Sue Munyan John Smith Alan Hayes on cm BOARD OF COUNTY COMMISSIONERS October 21, 1999 Mr. Alan Hayes St. Lucie County Cowboy Club PO Box 923 Ft. Pierce, FL 34954 ST. LUCIE COUNTY INTERNATIONAL AIRPORT RE: Cowboy Club Notice of Violation and Access Problems Dear Mr. Hayes: PAUL A. PHILLIPS, A.A.E. Director As we have discussed, the Cowboy Club Arena located on St. Lucie County International Airport property has suffered from years of neglect and is in a state of significant disrepair. Since the, Arena is located on Airport property, the liability associated with its dilapidated condition is of grave concern. According to the original lease agreement, the Cowboy Club must maintain the buildings and other improvements in good condition and in a good state of repair at all times. I have met with St. Lucie County Code Enforcement to discuss the condition of the arena. As you can see from the attached Notice of Violation, the Arena and surrounding property are not in good condition and are in a bad state of repair. As stated in the Notice, the violations must be corrected by October 28, 1999. Additionally, because of the unimpeded access to the Airport provided by the entrance to the Cowboy Club arena, we have decided to keep the gates to the entrance road of the arena locked. With prior notice, we would be happy to unlock the gates for the Cowboy Club's access. We have spent a considerable amount of time and money cleaning and upgrading the Airport. The Cowboy Club Arena is in total disrepair and can not be used until it is brought up to proper standards. Please contact me to let us know how the Cowboy Club plans to resolve this Notice of Violation. If I do not hear from the Cowboy Club within 30 days, I will assume that the Cowboy Club has abandoned the property, and the Airport will that the necessary steps to terminate the month to month lease. If you any questions or require any additional information, please do not hesitate to contact me. Sincerely, Paul A. Phillips ` Airport Director cc: Douglas Anderson, County Administrator Daniel McIntyre, County Attorney Charles Cangianelli, Code Compliance Manager JOHN D. BRUHN, District No. 1 • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 - FRANNIE HUTCHINSON. District No a • CLIFF BARNES. District No 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34982-5652 • Phone (561) 462-1732 • TDD (561) 462-1428 FAX (561) 462-1718 BOARD OF COUNTY COMMISSIONERS PUBLIC WORKS DEPARTMENT RECEIVED NOTICE OF VIOLATION OCT 2 0 1999 St. Lucie County Code Enforcement Board AIRPORT ST. LUCIE COUNTY FLORIDA To: SLC PORT & AIRPORT AUTHORITY DATE: 18 OCT 1999 2300 VIRGINIA AVE FT PIERCE, FL 34982 CASE NO.: 99100133*001 1. Pursuant to Article III of Chapter 1-2 of the Code of Ordinances of St. Lucie County, Florida, you are hereby notified that the following violation(s) appear to exist on the property described below: 3060 AIRMANS DR FT PIERCE, FL 34946 VIOLATIONS FOUND: CODE SECTION: 13.00.01 SLC LDC ADOPTING STANDARD BUILDING CODE CORRECTION(S): ARTICLE 103.5. REPLACE BLEACHERS, INSTALL FALL THROUGH SAFETY BARS,INSTALL NEW ROOF AND SUPPORT BEAMS. REPAIR ALL ELECTRICAL CODE VIOLATIONS,(EXPOSED WIRES,BOXES,MAIN BREAKERS BOX,LIGHTING,ETC.). REPLACE WATER HEATER, RESTROOMS NOT ACCESSIBLE TO HANDICAPPED AND IT IS UNSANITARY. CODE SECTION: 1-9-19 SLC C&CL ABANDONED PROPERTY, UNSERVICEABLE VEHICLE, JUNK, TRASH, & DEBRIS - No person shall discard, place, abandon, accumulate, or permit or cause to be discarded, placed, abandoned or accumulated any abandoned property on private property in the unincorporated areas of the county. CORRECTION(S): REMOVE ALL GARBAGE,JUNK,TRASH AND DEBRIS. Tax ID No.: 1430-131-0001-000/4 Zoning District: U � 9100PU*6v9 IOHN D. D H,ebsrricr o. 1 C iA D, Disrricr No 2 PAULA A. LEWIS, Disrricr No. � FRANNIE HUTCHINSON. District No. 4 • PCLaIF7DARNES, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginio Avenue • Fr. Pierce, FL 34982 Public Works: (561) 462-1485 • FAX (561) 462-2362 Division of Engineering: (561) 462-1707 Fox 462-2362 • Division of Rood & Bridge: (561) 462-2511 FAX 462-2363 Division of Solid Waste: (561) 462-1768 FAX 462-6987 Division of Building & Inspecrions: (561) 462-1553 Fox 462-1735 • TDD (561) 462-1428 *%No, ''0 LEGAL DESCRIPTION: Please see attached. 2. The violation must be corrected by the 28th day of October, 1999 Failure to correct the violation may result in the scheduling of a public hearing before the St. Lucie County Code Enforcement Board. The Board is empowered to levy a fine not to exceed $250.00 per day for each day the violation(s) continues past the date set for compliance. A fine not to exceed $500.00 per day may be levied for a repeat violation. The fine may become a lien upon the real or personal property of the violator. 3. When you have corrected this violation(s) or should you require additional information regarding this notice, please contact the St. Lucie County Code Enforcement Division at: (561) 462-1571. CHARLES WENZEL, OF ICER CODE ENFORCEMENT ATENCION: Documento importante con respecto a sus derechos y responsabilidades si usted no comprende ingles consiga traduccion inmediatamente. Case: 99100133*001 Page 2 • St. Lucie County Property Reco ' and Page 1 of 2 St. Lucie County Property Appraiser Geographic Information Services Real Property Record for Parcel Number: 143013100010004 Record Number: 1 of 1 Location: 3060 AIRM ANS DR CTY ### Section: 30 Township: 34S Range: 40E Show Location Map Owner, Legal Description, Deed & Total Assessment Name: ST I:UCIE FLegal: 30 34 40 SW 1/4 OF NE 1/4 & N 'COUNTY OF NW 1/4 & N 100 FT OF S Address: 2300 V1RGINIA OF NW 1/4 & SE 1/4-LESS LAND AVE ASED TO ST LUCIE AIRWAYS INC & !FORT PIERCE, FL LESS TO ST LUCIE CO FAIR ASSN & LESS TO ST LUCIE 34982-5632 COWBOY CLUB INC !Book: Sale/FT: 0.00/SgFt. �lpage;—��Sale Date: 0 Sale Amt: 0 !Insp. Date: ��By: Date Valued: I Permits: C94-04005 Exempt.: 4532600 Land: Improve.: Class:0 Total:4532600 Taxable:0 4373600 �159000 — Neighborhood & Use ID: 14/30S 1 OR Use: 8600 Subdiv Name �LNeighborhood• 260 Map - General Building Data IFi INo. Year Built: 0ass: I ories: 1998 Eft: Bths: 0 Bedrms: 0 ;;Pool: Fpic: ` __JRS lLD— 19, l ,Living Area: 12000 i Under Roof: 12000 Wall: Sheet Metal 1SgFt.S Ft. --��-�- Building Perimeter Sketch and Photograph i- i FETCH NO PPIO � AVAIL AVAIL A PLE �I AJ r�'L I� � �I�I� � I AT THIS TIME Improvements Improvements / Extra Features I'I� BA5 12000 l' J�___J1, 113 ?5 159000 III I� t Cost Calculation this Record jCL Units: 0 CNST Units: 0.74 SP Units: 0 Tot Units: 0.74 Base R 71t 9 APR Rt: 13.25 SQFT Rt: 13.25 Imp Val: 159000 EXF val: 0 Phys Dep: 1 Obsol Dep: 0 ii Tot. Imp. Val: 159000 http://l O.1.28.101 /webmap/scripts/pre.pl? 10109785,143013100010004 10/14/99 St. Page 2 of 2 Lucie Coulity Property Recor' Card ` NOW *A*# Land Market Value Val Land Use Value 18.68 CJu 20000 4373600� II— i Total = Total = 4373600 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED You may email .fohn F. Bausola for further information regarding Geographic Information Services at the St. Lucie CountyProperty Appraiser's All Rights Reserved 1997, 1998 St. Lucie County Property Appraiser http://10. 1.28.101/webmap/scripts/prc.pl? 10109785,143013100010004 10/14/99 T. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 3 District 4 District 1 District 2 AGENDA November 23,1999 1, MINUTES Approve the minutes of the meeting held November 16,1999. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 8 2. MOSQUITO CONTROL A. Agreement with Culpepper and Terpening, Inc. - Consider staff recommendation to approve the agreement for professional surveying services on a continuing basis, and authorize the Chairman to execute the agreement. B. Contract Amendment - Consider staff recommendation to approve Amendment No. 1 to Contract No C10816 (-A01) with the South Florida Water Management District, for the purpose of granting a six month time extension, and authorize the Chairman to sign the amendment. NOTICE: All proceedings bwill needfore s record of the proceedings and for suchurpo a may need to ensure that a verbatim recooard are electronically recorded. Any person who decides to appeal any action taken rd the Board at these meetings proceedings, individuals testifying during a hearing will be sworn to the of the proceedings is made. Upon the request of any party p ne any individual testifying during a hearing upon in. Any party to the proceedings will be granted an opportunity to cross-exami request. Anyone with a disability iring or TDD (561) 462a 1428 at leastion to tfo ls meeting should rty-eight(48) hours prior to the meeting.ct the St. Lucie ounty Community Services Manager at (56 ) 0 Date: November 16, 1999 Tape: I MOSQUITO CONTROL BOARD ST, LUCIE COUNTY, FLORIDA REGULAR MEETING Convened: 9:20 a.m. Adjourned: 10: 07 a.m. Commissioners Present: Chairman, Doug Coward, Paula A. Lewis, Frannie Hutchinson, Cliff Barnes, John D. Bruhn Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator; Dan McIntyre, County Attorney, Julia Shewchuk, Community Development Director; Ray Wazny, Public Works Director; Bill Blazak, Utilities Director; Paul Phillips, Airport Director; Mike Leeds, Leisure Services Director, JoAm-ie Holman, Clerk of Courts, Dorothy J. Conrad, Tax Collector; Jim David, Mosquito Control Director; Don West, County Engineer, Harvey Lincoln, M & B Manager; Beth Ryder, Community Services Manager, Deputy Nickel; A. Millie Delgado, Deputy Clerk REORGANIZATION (1-2147) A. ELECT THE CHAIRMAN The Clerk of Court presided and called for nominations for t'-: Chairman of the Mosquito Control Board. It was moved by Com. Lewis, seconded by Com. Brzlin, to nominate Com. Barnes as Chairman of the Mosquito Control Board; and, upon roll call, motion carried unanimously. B. ELECT THE VICE CHAIRMAN The Chairman presided and called for nominations for Vice Chairman of the Mosquito Control Board. It was moved by Com. Bruhn, seconded by Com. Lewis, to nominate Com. Hutchinson as Vice Chairman of the Mosquito Control Board; .^:u, upor. roll call, motion carried unanimously. At this time the Mosquito Control District recessed to continue other Board nominations and continue the Board of County Commissioners meeting. Com. Hutchinson assumed her position as Chairman."' 2. MINUTES (12158) It was moved by Com. Bruhn, seconded by Com. Coward, to approve the minutes of the meeting held November 9, 1999; and, upon roll call, motion carried unanimously. -1- GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA (1-2161) 1. Warrant List The District approved Warrant List No. 7. There being no further business to be hr .,;1:: ;efure the ;Mosquito Control District, the meeting was adjourned at 10:07 a.m. Clerk of Circuit Court Chairman -2- %rrl 11/19/99 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST # 8- 13-NOV-1999 TO 19-NOV-1999 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 24,089.09 21,445.78 146 Mosquito State I Fund 1,425.00 0.00 GRAND TOTAL: 25,514.09 21,445.78 M AGENDA BMW —ES—T ITEM NO. C� 2A DATE: November 23, 1999 REGULAR [ ] PUBLIC HEARING[ ] CONSENT [XX] TO: MOSQUITO CONTROL DISTRICT BOARD PRESENTED BY: SUBMITTED BY(DEPT): Mosquito Control es R. David Mosquito Control Director SUBJECT: Agreement with Culpepper and Terpening, Inc. BACKGROUND: The County has previously entered into a contract with Culpepper and Terpening, Inc. for professional surveying services on a continuing basis. The contract provides the opportunity for the District to enter into a three year contract with Culpepper and Terpening, Inc. which will enable the District to take advantage of the qualifications and pricing of the contract with the County. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Agreement with Culpepper and Terpening, Inc. and authorize the Chairman to execute the Agreement. COMMISSION ACTION: [] APPROVED [ ] DENIED [ ] OTHER: Doucfla�VAnderson CountV Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept. Other: Finance: (Check fo�%/1opy only, if applicable) Other: Fff. 5/96 M M AGREEMENT BETWEEN MOSQUITO CONTROL DISTRICT AND SURVEYOR FOR PROFESSIONAL SURVEYING SERVICES THIS AGREEMENT, made and entered into this day of 1999, by and between ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a dependant taxing district organized under the laws of State of Florida, (the "District") and CULPEPPER AND TERPENING, INC., (the "Surveyor"). W I T N E S S E T H: WHEREAS, the District proposes to retain the services of the Surveyor to provide professional surveying services on a continuing basis; and WHEREAS, the Surveyor has agreed to provide such professional services in accordance with this Agreement. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: 1. GENERAL SCOPE OF AGREEMENT the relationship of the Surveyor to the District will be that of a professional consultant, and the Surveyor will provide the professional and technical services required under this Agreement in accordance with acceptable surveying practices and good ethical standards. It is agreed that this Agreement shall be considered as a continuing contract and work will be initiated on an assignment by assignment basis upon the issuance of Work Authorizations by the District. 2. PROFESSIONAL AND TECHNICAL SERVICES It shall be the responsibility of the Surveyor to work with the District and appraise it of solutions to surveying problems and the approach or technique to be used towards accomplishment of the District's objectives as set forth in Work Authorizations issued pursuant to this Agreement. The scope of services to be provided -1- r to accomplish the District's objectives is set forth in Attachment "All 3. TERM OF AGREEMENT- WORK AUTHORIZATIONS A. The Surveyor will be available to begin work promptly after receipt of a fully executed copy of this Agreement. The term of this Agreement shall be for three years from the first date written above. It is agreed that this Agreement shall be considered as a continuing contract and work will be initiated on an assignment by assignment basis using the rotation system described in Attachment "B". B. If the Surveyor's services called for under this Agreement are delayed for reasons beyond the Surveyor's control, the time of performance shall be adjusted appropriately. C. Specific work assignments shall be set forth in individual Work Authorizations which will be issued to the Surveyor. All Work Authorizations shall be executed on behalf of the District in accordance with the St. Lucie County Purchasing Policy. The Work Assignments shall describe the scope of the work to be performed and shall set forth the schedule for completion of the work. The District shall provide all criteria and full information as to District's requirements for the assignment and designate in writing a person with authority to act on District's behalf on all matters concerning this assignment. 4. GENERAL CONDITIONS A. All original sketches, tracings, drawings, computations, details, design calculations, and other documents and plans that result from the Surveyor's services under this Agreement are and remain the property of the Surveyor as instruments of service. Where such documents are required to be filed with governmental agencies, the Surveyor will furnish copies to the District upon request. Any reuse of the documents other than for the specific purpose intended without written verification or adaptation by Surveyor will be at District's sole risk and without liability or legal exposure to Surveyor, or to Surveyor's independent professional associates, subcontractors, or consultants, and -2- District shall indemnify and hold harmless Surveyor and Surveyor's independent professional associates, subcontractors, and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Surveyor to further compensation at rates to be agreed upon by District and Surveyor. B. The District shall, at no additional expense, be furnished one (1) set of reproducible copies of any maps and/or drawings prepared for him by the Surveyor, in consideration of which the District agrees that no additions, deletions, changes or revisions shall be made to same without the express written approval of the Surveyor. Surveyor shall submit copies of all field notes, calculation sheets and computer discs. C. The Surveyor shall at all times carry, on all operations hereunder, workman's compensation insurance, general liability - comprehensive form insurance, property damage insurance, automotive public liability and property damage insurance and professional liability insurance. Surveyor shall furnish certificates of insurance to the District before the Surveyor commences operations. As part of the consideration for this Agreement, Surveyor agrees to indemnify and hold the District, its officials, employees, agents, and volunteers harmless from any liability arising out of acts, errors or omissions by the Surveyor or its subcontractors, employees, or agents to the extent of the insurance coverage set out below. Minimum coverage shall be: (a) General Liability - Comprehensive form - $500,000.00/$1,000,000.00 (b) Bodily Injury and Property Damage - $500,000.00 each occurrence and $1,000,000.00 aggregate (c) Automobile Liability - Bodily injury and property damage - $500,000.00 combined (d) Professional Liability - $300,000.00/$1,000,000.00 - In the event the project costs exceed $30,000.00, minimum coverage must be increased to $500,000.00 for the duration of the project. (e) Workman's Compensation - Statutory -3- D. It is understood and agreed that the Surveyor's services under this Agreement do not include participation, whatsoever, in any litigation. Should such services be required, a supplemental agreement may be negotiated between the District and the Surveyor describing the services desired and providing a basis for compensation to the Surveyor. E. Upon the Surveyor's written request, the District will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the Surveyor and District mutually deem necessary; and the Surveyor may rely upon same in performing the services required under this Agreement. F. The District represents that it is a dependant taxing district duly organized under the laws of the State of Florida with the authority to engage the professional service described in Attachment "A" and to accept the obligation for payment for the services as described in Attachment "C". G. The District and Surveyor each binds itself and its successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this Agreement; and, neither the District nor the Surveyor will assign or transfer their interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. H. The District reserves the right to employ engineering consultants under which surveying may be required. Such work is outside the scope of this Agreement. The survey consultants under this Agreement have no right or claim in the selection of the engineering consultants. I. In the event the Surveyor requires the services of any subconsultant, subcontractor or professional associate in connection with the services to be provided under this Agreement, the Surveyor shall secure the written approval of the County Surveyor before engaging such subconsultant, subcontractor or professional associate. -4- M rn 5. COMPENSATION The Surveyor shall be compensated for all services rendered under this Agreement in accordance with the provisions of Attachment "C". 6. PROHIBITION AGAINST CONTINGENT FEES The Surveyor warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Surveyor, to solicit or secure this Agreement, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bonafide employee working solely for the Surveyor any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of making of this Agreement. 7. DEFAULT; TERMINATION A. FOR CAUSE If either party fails to fulfill its obligations under this Agreement in a timely and proper manner, the other party shall have the right to terminate this Agreement by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails'to correct the deficiency within this time, this Agreement shall terminate at the expiration of the seven (7) calendar day time period. With regard to The Surveyor, the following items shall be considered a default under this Agreement: (1) If the Surveyor should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Surveyor should persistently or repeatedly refuse or fail, except in cases for which an extension of time is provided, to provide the services contemplated by this Agreement. (3) If the Surveyor disregards laws, ordinances, or the instructions of the Project Manager or otherwise is guilty of a -5- E5 substantial violation of the provisions of the Agreement. In the event of termination, the Surveyor shall only be entitled to receive payment for work satisfactorily completed prior to the termination date. B. WITHOUT CAUSE Either party may terminate the Agreement without cause at any time upon fifteen (15) calendar days prior written notice to the other party. In the event of termination, the District shall compensate the Surveyor for all authorized work satisfactorily performed through the termination date. 8. SUSPENSION CANCELLATION OR ABANDONMENT In the event the services of the Surveyor called for under this Agreement, is/are suspended, canceled or abandoned by the District, the Surveyor shall be given five (5) days prior written notice of such action and shall be compensated for the professional services provided up to the date of suspension, cancellation or abandonment. 9. NOTICE All 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 such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 With A Copy To: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 St. Lucie County Engineer Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 %W With a copy to: St. Lucie County Mosquito Control Director Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 As To Surveyor: Culpepper and Terpening, Inc 2980 South 25th Street Fort Pierce, Florida 34981 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed, or (c) on the date shown on the transmittal confirmation report, if telecommunicated. 10. RECORDS: ACCESS The Surveyor shall maintain records of all accounts, invoices for reimbursable expenses, and supporting documentation for any research or reports, for a period of five years from completing performance of this Agreement. Such records shall be sufficient to permit a proper pre and post audit in accordance with general accounting methods. The Surveyor shall permit the District or its designated agent to inspect such records at the location where they are kept upon reasonable prior notice. The Surveyor shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. 11. NO DISCRIMINATION The Surveyor shall assure that no person shall, on the grounds of race, color, creed, national origin, handicap, or sex, be -7- CM excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in any activity under this Agreement. The Surveyor shall take all measures necessary to effectuate these assurances. 12. COMPLIANCE WITH LAWS The Surveyor, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise Surveyor, upon request, as to any such laws of which it has present knowledge. 13. TRUTH -IN -NEGOTIATION CERTIFICATE Signature of this Agreement by the Surveyor shall act as the execution of a truth -in -negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which District determines the contract price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one year following the end of this Agreement. 14. CONFLICT OF INTEREST The Surveyor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311 (1989) and as may be amended from time to time. The Surveyor further represents that no person having any interest shall be employed for said performance. The Surveyor shall promptly notify the District 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 Surveyor's judgment or quality of services being provided hereunder. Such written notification shall identify the r f.►/ ` 0 prospective business association, interest or circumstance, the nature of work that the Surveyor may undertake and request an opinion of the District as to whether the association, interest or circumstance would, in the opinion of the District, constitute a conflict of interest if entered into by the Surveyor. The District agrees to notify the Surveyor of its opinion by certified mail within thirty (30) days of receipt of notification by the Surveyor. If, in the opinion of the District, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Surveyor, the District shall so state in the notification and the Surveyor 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 District by the Surveyor under the terms of this Agreement. 15. RESURVEYS The District reserves the right to hire the surveying firm which prepared the original survey. The resurvey shall be within five (5) years of the date of the original survey. If the firm is under contract with the District, then the total cost of the resurvey will be added to the total contract amounts for rotation determination as provided for herein. 16. AMENDMENT This Agreement may be amended only with the written approval of the parties. 17. WAIVERS Failures or waivers to enforce any covenant, condition, or provision of this Agreement by the parties, their successors and assigns shall not operate as a discharge or, invalidate, such covenant, condition, or provision, or impair the enforcement rights of the parties, their successors and assigns. 18. COMPLETE AGREEMENT This Agreement states the entire understanding between the parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. The SO i Wr `'Mo Surveyor recognizes that any representations, statements or negotiations made by the District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing, authorized, and signed by an authorized District representative. This Agreement shall bind the parties, their assigns, and successors in interest. 19. MEDIATION In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 20. INTERPRETATION; VENUE This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered 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 St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. (THE NEXT PAGE IS THE SIGNATURE PAGE) -10- M M IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. MOSQUITO CONTROL DISTRICT ATTEST: ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: CULPEPPER AND TERPENING, INC. Q.1 BY: ,Z CI+AZc,ori E,r/A. k.��N.tM� Print Name: Title: /�rP�✓-iyc i C:\JWL\AGREE\C&T_MCD-99.WPD -11- M E5 ATTACHMENT "A" STATEMENT OF WORK PART H 2-1 SCOPE OF WORK The successful proposer will provide Professional Surveying Services as required by St. Lucie County Board of County Commissioners and Mosquito Control District, but not limited to the following: A. Surveying service to include the following: Boundary, Topographic, As -built, Control, Right -of -Way, Construction Staking, Geodetic Surveying (G.P.S.), Hydrographic and Legal Descriptions. B. All field and office work shall be supervised by a licensed Florida Land Surveyor. All surveys shall be in accordance with the Florida Minimum Technical Standards. All Control Surveys, Right -of -Way, and Maintenance Mapping Projects shall be prepared to F.D.O.T. Standards (may be revised by St. Lucie County). All Geodetic Surveys using G.P.S. shall conform to the standards and specifications of Geodetic Control Networks as set forth by the Federal Geodetic Control Networks as set forth by the Federal Geodetic Control Committee. Computer Systems used by the Consultant must be capable of Data Exchange with St. Lucie County Computer System (Disc Exchange). All completed projects shall include one (1) original Mylar, Computer Discs (size and type to be specified) and minimum of five (5) Blueline drawings signed and sealed by the Surveyor in responsible charge. 0 rn ROTATION SCHEDULE 1. Proposed procedures.'for rotation schedule. A The first project will be awarder. to Culpepper J Terpening B) The second project will be awarded to G.C.Y., Inc. C) The third project will be awarded to Lindahl, Browning, Ferrari, and Eellstrom. D) The next project will be awarded to tire- firm. �,:ith lowest current total contract awarded to date. E) When a previcus survey needs to be updated, the County shall !:elect the crigynal firm w1nich prepared the survey to prepare the survey update. L, All surveying services directly related to contracts with St. tlon Lucie County will be. considered as .sart of e ubco tractwork6with determination. This will include any s other professional service firms whose contracts may include surveying services. If a. firm has other contracts with the County for professional services and they include survey related work under that contract, the a=unt of the contract will be added to the rotation determination. The consultant shall be expected to prepare documena-i on outlining survey related work which may be performed under other contracts for St. Lucie County. The document shall outline the description of services, the cost, County project number, and a date of completion. Departments withinr 3. All survey related Fork requested by other Depa'" -.he County, shall be submitted to the County Surveyor with a scope of work, budget amount, time constraints, and account number. The County Surveyor will re%"' e'w the scope and make recommendations. He will then select tithe next firm in the ased on the approved rotation for the proposed project, rotation schedule. The County Sur,ey lr nfo mmanhge usee project until its completion. He } department of the status of the project:., on a monthivil!basis, in writing. Al_ contracts and c``eca-nge orders 1 authorized by the Director of the user department in writing, and in accordance to County Durchasinc policy. ,pening 5814849497 02-26-99 11:02AM TO 4622362 u263 P.2/2 % r rig' SljRVEYIN(' AC:RF.F,MEti'T S('HEDULE Of-1-1 0 LJRLY CHARGP'S FOR Still VEYINCir SFTZV ICES C ULPEPPER & TERPENING, INC. SUPERVISINCT REGISTERED LAND S► IRVFYOR SENIOR SURVEY T1=.0 I DR!•1FTING STAI F "THREE-MAN SIJRVF:Y (.'IZI:W TWO -MAN SURVFY C'Rf'-W S 70.00/1IOUR S 60.0U/l-IO R S 45.00/HOI T1t S 80.0WHUUR S 65.00il IOUR <�dnc•coavau„p�,e,,,l,.�.i•�....:c.,.�• .I,.: IL�N!��/� W�� �1/ �� AGREEMENT BETWEEN COUNTY AND SURVEYOR FOR PROFESSIONAL SURVEYING SERVICES THIS AGREEMENT, made and entered into this day of Lc-( , 1999, by and between ST. LUCIE COUNTY, a political subdivi ion of the state of Florida, (the "County") and CULPEPPER AND TERPENING, INC., (the "Surveyor"). W I T N E S S E T H: WHEREAS, the County proposes to retain the services of the Surveyor to provide professional surveying services on a continuing basis; and WHEREAS, the Surveyor has agreed to provide such professional services in accordance with this Agreement. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: 1. GENERAL SCOPE OF AGREEMENT The relationship of the Surveyor to the County will be that of a professional consultant, and the Surveyor will provide the professional and technical services required under this Agreement in accordance with acceptable surveying practices and good ethical standards. It is agreed that this Agreement shall be considered as a continuing contract and work will be initiated on an assignment by assignment basis upon the issuance of Work Authorizations by the County. 2. PROFESSIONAL AND TECHNICAL SERVICES It shall be the responsibility of the Surveyor to work with the County and appraise it of solutions to surveying problems and the approach or technique to be used towards accomplishment of the County's objectives as set forth in Work Authorizations issued pursuant to this Agreement. The scope of services to be provided -1- t to accomplish the County's objectives is set forth in Attachment "All 3. TERM OF AGREEMENT• WORK AUTHORIZATIONS A. The Surveyor will be available to begin work promptly after receipt of a fully executed copy of this Agreement. The term of this Agreement shall be for three years from the first date written above. It is agreed that this Agreement shall be considered as a continuing contract and work will be initiated on an assignment by assignment basis using the rotation system described in Attachment "B". B. If the Surveyor's services called for under this Agreement are delayed for reasons beyond the Surveyor's control, the time of performance shall be adjusted appropriately. C. Specific work assignments shall be set forth in individual Work Authorizations which will be issued to the Surveyor. All Work Authorizations shall be executed on behalf of the County in accordance with the St. Lucie County Purchasing Policy. The Work Assignments shall describe the scope of the work to be performed and shall set forth the schedule for completion of the work. The County shall provide all criteria and full information as to County's requirements for the assignment and designate in writing a person with authority to act on County's behalf on all matters concerning this assignment. 4. GENERAL CONDITIONS A. All original sketches, tracings, drawings, computations, details, design calculations, and other documents and plans that result from the Surveyor's services under this Agreement are and remain the property of the Surveyor as instruments of service. Where such documents are required to be filed with governmental agencies, the Surveyor will furnish copies to the County upon request. Any reuse of the documents other than for the specific purpose intended without written verification or adaptation by Surveyor will be at County's sole risk and without liability or legal exposure to Surveyor, or to Surveyor's independent professional associates, subcontractors, or consultants, and County -2- s- V44 !r^*so shall indemnify and hold harmless Surveyor and Surveyor's independent professional associates, subcontractors, and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Surveyor to further compensation at rates to be agreed upon by County and Surveyor. B. The County shall, at no additional expense, be furnished one (1) set of reproducible copies of any maps and/or drawings prepared for him by the Surveyor, in consideration of which the County agrees that no additions, deletions, changes or revisions shall be made to same without the express written approval of the Surveyor. Surveyor shall submit copies of all field notes, calculation sheets and computer discs. C. The Surveyor shall at all times carry, on all operations hereunder, workman's compensation insurance, general liability - comprehensive form insurance, property damage insurance, automotive public liability and property damage insurance and professional liability insurance. Surveyor shall furnish certificates of insurance to the County Engineer before the Surveyor commences operations. As part of the consideration for this Agreement, Surveyor agrees to indemnify and hold the County, its officials, employees, agents, and volunteers harmless from any liability arising out of acts, errors or omissions by the Surveyor or its subcontractors, employees, or agents to the extent of the insurance coverage set out below. Minimum coverage shall be: (a) General Liability - Comprehensive form - $500,000.00/$1,000,000.00 (b) Bodily Injury and Property Damage - $500,000.00 each occurrence and $1,000,000.00 aggregate (c) Automobile Liability - Bodily injury and property damage - $500,000.00 combined (d) Professional Liability - $300,000.00/$1,000,000.00 - In the event the project costs exceed $30,000.00, minimum coverage must be increased to $500,000.00 for the duration of the project. (e) Workman's Compensation - Statutory -3- D. It is understood and agreed that the Surveyor's services under this Agreement do not include participation, whatsoever, in any litigation. Should such services be required, a supplemental agreement may be negotiated between the County and the Surveyor describing the services desired and providing a basis for compensation to the Surveyor. E. Upon the Surveyor's written request, the County will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the Surveyor and County mutually deem necessary; and the Surveyor may rely upon same in performing the services required under this Agreement. F. The County represents that it is a political subdivision of the State of Florida with the authority to engage the professional service described in Attachment "A" and to.accept the obligation for payment for the services as described in Attachment 11C11. G. The County and Surveyor each binds itself and its successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this Agreement; and, neither the County nor the Surveyor will assign or transfer their interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. H. The County reserves the right to employ engineering consultants under which surveying may be required. Such work is outside the scope of this Agreement. The survey consultants under this Agreement have no right or claim in the selection of the engineering consultants. I. In the event the Surveyor requires the services of any subconsultant, subcontractor or professional associate in connection with the services to be provided under this Agreement, the Surveyor shall secure the written approval of the County Surveyor before engaging such subconsultant, subcontractor or professional associate. M Wn 5. COMPENSATION The Surveyor shall be compensated for all services rendered under this Agreement in accordance with the provisions of Attachment "C". 6. PROHIBITION AGAINST CONTINGENT FEES The Surveyor warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Surveyor, to solicit or secure this Agreement, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bonafide employee working solely for the Surveyor any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of making of this Agreement. 7. DEFAULT: TERMINATION A. FOR CAUSE If either party fails to fulfill its obligations under this Agreement in a timely and proper manner, the other party shall have the right to terminate this Agreement by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails, to correct the deficiency within this time, this Agreement shall terminate at the expiration of the seven (7) calendar day time period. With regard to The Surveyor, the following items shall be considered a default under this Agreement: (1) If the Surveyor should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Surveyor should persistently or repeatedly refuse or fail, except in cases for which an extension of time is provided, to provide the services contemplated by this Agreement. (3) If the Surveyor disregards laws, ordinances, or the instructions of the Project Manager or otherwise is guilty of a substantial violation of the provisions of the Agreement. -5- • ^. fib►' �' � `�` In the event of termination, the Surveyor shall only be entitled to receive payment for work satisfactorily completed prior to the termination date. B. WITHOUT CAUSE Either party may terminate the Agreement without cause at any time upon fifteen (15) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Surveyor for all authorized work satisfactorily performed through the termination date. 8. SUSPENSION CANCELLATION OR ABANDONMENT In the event the services of the Surveyor called for under this Agreement, is/are suspended, canceled or abandoned by the County, the Surveyor shall be given five (5) days prior written notice of such action and shall be compensated for the professional services provided up to the date of suspension, cancellation or abandonment. 9. NOTICE All 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 such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 With A Copy To: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 St. Lucie County Engineer Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 As To Surveyor: Culpepper and Terpening, Inc 2980 South 25th Street Fort Pierce, Florida 34981 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed, or (c) on the date shown on the transmittal confirmation report, if telecommunicated. 10. RECORDS: ACCESS The Surveyor shall maintain records of all accounts, invoices for reimbursable expenses, and supporting documentation for any research or reports, for a period of five years from completing performance of this Agreement. Such records shall be sufficient to permit a proper pre and post audit in accordance with general accounting methods. The Surveyor shall permit the County or its designated agent to inspect such records at the location where they are kept upon reasonable prior notice. The Surveyor shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. 11. NO DISCRIMINATION The Surveyor shall assure that no person shall, on the grounds -- of race, color, creed, national origin, handicap, or sex, be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in any activity under this Agreement. The Surveyor shall take all measures necessary to effectuate these assurances. -7- 12. COMPLIANCE WITH LAWS .The Surveyor, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The County undertakes no duty to ensure such compliance, but will attempt to advise Surveyor, upon request, as to any such laws of which it has present knowledge. 13. TRUTH -IN -NEGOTIATION CERTIFICATE Signature of this Agreement by the Surveyor shall act as the execution of a truth -in -negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which County determines the contract price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one year following the end of this Agreement. 14. CONFLICT OF INTEREST The Surveyor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311 (1989) and as may be amended from time to time. The Surveyor further represents that no person having any interest shall be employed for said performance. The Surveyor 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 Surveyor'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 Surveyor 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 Surveyor. The County agrees to notify the Surveyor of its opinion by certified mail within thirty (30) days of receipt of notification by the Surveyor. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Surveyor, the County shall so state in the notification and the Surveyor 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 Surveyor under the terms of this Agreement. 15. RESURVEYS The County reserves the right to hire the surveying firm which prepared the original survey. The resurvey shall be within five (5) years of the date of the original survey. If the firm is under contract with the County, then the total cost of the resurvey will be added to the total contract amounts for rotation determination as provided for herein. 16. This Agreement may be amended only with the written approval of the parties. 17. WAIVERS Failures or waivers to enforce any covenant, condition, or provision of this Agreement by the parties, their successors and assigns shall not operate as a discharge or, invalidate, such covenant, condition, or provision, or impair the enforcement rights of the parties, their successors and assigns. 18. COMPLETE AGREEMENT This Agreement states the entire understanding between the parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. The Surveyor recognizes that any representations, statements or negotiations made by the County staff do not suffice to legally bind the County in a contractual relationship unless they have been reduced to writing, authorized, and signed by an authorized County _ *r' .._''r/ representative. This Agreement shall bind the parties, their assigns, and successors in interest. 19. MEDIATION In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 20. INTERPRETATION; VENUE This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered 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 St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. (THE NEXT PAGE IS THE SIGNATURE PAGE) -10- MMA Ism IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. 0m. WITNESSES: L' ►+.a2 c.o ; r/cJ Lam},/. K�� �• R •+�.�t,✓ C:\JWL\AGREE\C&T-99.WPD BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: L CHAI APPROVED AS TO FORM AND CORRECTNESS a,�QOUNTY ATTORNEY -11- CULPEPPER AND TERPENING, INC. BY: Print Name: Title: 0-9 EM ATTACHMENT "A" -12- Em In ATTACHMENT "B" -13- wn Won ATTACHMENT "C" -14- In Om ATTACHMENT "A" STATEMENT OF WORK PART H 2-1 SCOPE OF WORK The successful proposer will provide Professional Surveying Services as required by St. Lucie County Board of County Commissioners and Mosquito Control District, but not limited to the following: A. Surveying service to include the following: Boundary, Topographic, As -built, Control, Right -of -Way, Construction Staking, Geodetic Surveying (G.P.S.), Hydrographic and Legal Descriptions. B. All field and office work shall be supervised by a licensed Florida Land Surveyor. All surveys shall be in accordance with the Florida Minimum Technical Standards. All Control Surveys, Right -of -Way, and Maintenance Mapping Projects shall be prepared to F.D.O.T. Standards (may be revised by St. Lucie County). All Geodetic Surveys using G.P.S. shall conform to the standards and specifications of Geodetic Control Networks as set forth by the Federal Geodetic Control Networks as set forth by the Federal Geodetic Control Committee. Computer Systems used by the Consultant must be capable of Data Exchange with St. Lucie County Computer System (Disc Exchange). All completed projects shall include one (1) original Mylar, Computer Discs (size and type to be specified) and minimum of five (5) Blueline drawings signed and sealed by the Surveyor in responsible charge. TO: VIA: FROM: - DATE: COI-G] ISSION REVIEW: ENGINEERING MEMORANDU24 NO Board of County Commissioners Public Works Administrator County Administrator Director of Engineering June 22, 1992 92-423. c7119JECT: P-:ocedures for Professional Surveying Services Contracts for Continuing Services on a Rotation Svstem. BACKGROUND On June 15, 1992; the Board of County Cc:unissioners interviewed the following five professional surveying firms: G.C.Y.,Inc .; James A. Kirby; Keith and Schna s, Inc.; John G. Albritton and Associates; Lindahl, Bro�,ming, Ferrari, and Hellstrom, Inc. The BOCC ranked the top three firms : 1) Lindahl, Browning, Ferrari and Hellstrom, Inc.; 2) G.C.Y., Inc.; 3) James A. Kirby. The BOP-RD then authorized staff to begin contract negotiations with all three firms. RECONLNiENDATION r 1. Proposed procedures.'for rotation schedule. , A) The first project will be awarded to G.C.Y.,.Inc. B) The second project will be awarded to James A. Kirby. C) The third project will be awarded to Lindahl, Browning, Ferrari, and Hellstrom. D) The next project wi11 be awarded to the firm. �,:ith lowest current total contract awa--ded to date. E) When a previous survey needs to to updated, the Count% l firm which prepared the survey to shall -elect the origina prepare the survey update. i 2. All surve}ping services directly related to contracts with St. / Lucie County will be; considered as part of tine rotation determination. This will include any subcontract work with other professional service firms whose contracts may include surveying services. If a firm has other contracts with the County for professional services and they include survey related work under that contract, the amount of the contract will be added to the rotation determination. The consultant shall be expected to prepare documentation outlining survey related work which may be performed under other contracts for St. Lucie County. The document shall outline the description of services, the cost, County project number, and a date of completion. 3. All survey related worm requested by other Departments within -.he Cou:zty, shall be submitted to the County Surveyor with a scope of work, budget amount, time constraints, and account number. The County Surveyor will review the scope and make recommendations. Be will then select the next firm in the rotation for the proposed project, based on the approved rotation schedule. The County Surveyor will manage the project until its completion. Be will inform the user department of the status of the project, on a monthly basis, in writing. All contracts theand userchange departmentrin writinge authorized by the Director o and in accordance to County Purchasing policy. CONCURRENCE: Ronald R. Brown, P.E. Public Works Administrator Respectfully submitted, Salvador D. Nabon4, P.E Director of Engineering Daniel McIntyre" County Attorney pening 5614649497 02-26-99 11:02AM TO T 4622362 **# a263 P.2/2 SURVEYING AC:Rr''11, vl.ENT SC'IIEDULE Of HOURLY CHAT -J.:5 FOR StTRVI�YINCr SERVICES CULPEPPER & TRIZI'L:NING, INC. SUPERVISINCI RLCISTERF.I-) (.ANC) SURVFYOR SFNIOR SURVEY TFC''l I DRATTING STAI- "I HRL':E-NIAN SIJRVF.Y C'R1:W TWO -MAN StJRVFY C'RI`W S" 70.00/1 LOUR S 45.00iHOI JIZ S 80.00/;HOUR S 65.00/110LIR � ld,�C.CO.Ilrli'.,'Vi"ti,li �'-.p ... 11.1 .I... �gkkw lr� 11 // cm M TO: MOSQUITO CONTROL DISTRICT BOARD SUBMITTED BY(DEPT): Mosquito Control AGENDA REQUEST ITEM NO. C-2B DATE: November 23, 1999 REGULAR [ ] PUBLIC HEARING [ l CONSENT [ X ] PRESENTED BY: James R. David SUBJECT: Amendment No.l of Contract No. C10816 with the South Florida Water Management District Surface Water Improvement and Management Program. BACKGROUND: The South Florida Water Management District previously awarded a grant to the District, in the amount of $50,000.00. The grant funds improvements to the hydrological exchange capacity and water quality, of selected mosquito impoundments (No.'s 5 & 6), in Saint Lucie County. A six month extension of the contract is needed to complete the project, which was delayed by Hurricane damage to the dikes (from Hurricane Irene). FUNDS AVAIL.: 145-6230-512000-6607 Salaries (& Benefit Acct.); 145-6230- 563023-6607 Imp O/T Bldg - Equip Rental; 145-6230-534000-6607 Contracted Services; 145-6230-563000-6607 Imp O/T Bldg; (Impoundment Restoration VIII) PREVIOUS ACTION: Acceptance of Grant Funds from the South Florida Water Management District Surface Water Improvement and Management Program on October 13, 1998 RECOMMENDATION: Staff recommends that the Board grant approval for Amendment No. 1 to Contract No. C10816 (-A01) with the South Florida Water Management District, thereby amending the contract for the purpose of granting a six- month time -extension; and authorize the chairman to sign the Amendment, pending Attorney review and approval. COMMISSION ACTION: [ X ) APPROVED [ ] OTHER: unty Attorney: [ ] DENIED CONCURRE E- I " D40Do gl s Anderson Coun y Administrator Resolution No Review and Approvals agement & Budge t�'�9' +' 0 ginating Dept. Other: Purchasinq : Other: